COUNTY OF ALBEMARLE

EXECUTIVE SUMMARY

BACKGROUND:

The Planning Commission approved SP 2007-47 subject to the revision of a condition of approval (Condition 6.) recommended by staff related to a requirement for the applicant to obtain an Erosion and Sediment (E&S) Plan for future grading over 10,000 square feet and/or for the excavation of a pond, and/or for the construction of a dam.  The Planning Commission acted in response to the applicant’s concern that the condition was unfair because land disturbing activities were not related to the after school program, but were for other uses of the property.   The applicant stated that the land disturbing activities that had taken place on the property had been for agricultural purposes. 

The Planning Commission asked that staff provide a revision to Condition 6. requiring a plan that showed the locations of the children’s activities.  The requirements for E&S Plans would be in these areas only, as the special use permit would only apply to after school program activities on the property.  Thus, if the land disturbing activities were for agricultural uses, they would not be subject to this condition.

Since the Planning Commission hearing, the applicant has submitted a concept plan depicting three areas on the property showing the locations of the children’s activities: fishing, garden, greenhouse, chicken coop, basketball, animal husbandry, and vegetable production. (Attachment I).  In addition to the plan, the applicant submitted Graceworks brochures (Attachment II), a Farm Design Plan for Split Rock Farm (Attachment III), and e-mail correspondence between Sally Thomas, Jonathan Baker and Mark Hopkins dated January 25, 2008, January 29, 2008, and January 30, 2008 (Attachment IV). Since the Planning Commission, the applicant has also requested that Condition 1. be changed to increase the number of children permitted to attend the program from 10 to 14 to correspond with the number of seats in their van which they are required by Condition 3. to use to transport children to and from the site (Attachment V).

DISCUSSION:

Initially, SP 2007-47 included one parcel, TMP 58-82.  During the review of the Graceworks application, it was found that the applicants owned other, adjacent parcels.  At staff’s suggestion, the applicant added these parcels (TMP 58-76B and TMP 58-77) to the Graceworks application in order to allow the after school program activities to occur on all three parcels without violating the special use permit.  During the staff review, the separation of specific areas for the owner’s private use from other areas for the after school program were not considered.  However, with the Planning Commission’s recommendation and the nature of the special use permit, staff acknowledges that connecting the E&S Plan to after school program activities is appropriate.  It should be understood that land disturbing activities on the property not connected with the after school program will be subject to the normal requirements of the County in the Rural Areas.

AGENDA TITLE

SP 2007-47 Graceworks

February 13, 2008

Page 2

Staff has had an opportunity to review the concept plan submitted after the Planning Commission hearing and found that it would require revision to include all the necessary components (school, agricultural, and features such as ponds and roads) in one plan.  The plan could be approved administratively.

Also, as previously noted, the applicant has requested that the number of children attending each day be revised from 10 children to 14 children (Attachment V). The initial special use permit (SP 2001-24) approved 15 children enrolled in the program.  Staff’s recommended condition limiting the number of children attending the program to 10 was a result of a discussion between staff and the applicant regarding attendance. Staff has no objection to this increase to 14 children.  However, Condition 1., as recommended by the Planning Commission, reflects staff’s original recommendation. 

RECOMMENDATION:

Staff recommends approval of SP 2007-47 Graceworks, subject to the conditions of approval recommended by the Planning Commission:

1. A maximum of 10 children shall be allowed on the site at any time.

2.       A minimum of three adults shall supervise the children at all times.

3. The children shall be transported to and from the property as a group.  The pick up and drop off of individual children shall not be permitted except for medical, family and weather-related emergencies.

4.       The days of operation shall be limited to four days per week, Monday through Thursday, and the hours of operation shall be limited to 2:30 P.M. to 5:30 P.M. on the days of operation.

5. Expansion of the facilities for the private school shall require an amendment to this special use permit.
6. Prior to all earth disturbing Prior to all earth disturbing activities 10,000 square feet or greater, and/or for the excavation of a pond, and/or for the construction of a dam, an Erosion & Sediment permit shall be required.   Within thirty (30) days after the date of approval of Special Use Permit 2007-00047, the applicant shall submit a schematic concept plan of the property (the “Plan”) in a form acceptable to the Director of Planning that shows the existing and proposed locations of the improvements and activity areas of the school and the existing and proposed locations of agricultural activities not related to the school, including agricultural ponds, lakes, dams and roads.  The improvements, scale and location of the improvements and activity areas authorized by Special Use Permit 2007-00047 shall be in general accord with the Plan.  However, the Zoning Administrator may approve revisions to the Plan to allow compliance with the Zoning Ordinance.

Should the Board agree that increasing the maximum number of children to 14 is acceptable, Condition 1. should be changed to:

       1.  A maximum of 10 14 children shall be allowed on the site at any time.

ATTACHMENTS:

I           Plan dated July 6, 1999, showing areas of children’s activities (in green)

II          Graceworks Brochures

III        Farm Design Plan for Split Rock Farm

IV        Correspondence between Sally Thomas, Jonathan Baker, and Mark Hopkins dated January 25, 2008, January 29, 2008, and January 30, 2008

V         Letter dated January 30, 2008, from Jonathan and Julie Baker

VI        SP 2007-47 Graceworks Staff Report to Planning Commission (January 15, 2008)

VII       SP 2007-47 Planning Commission Action Letter