AGENDA TITLE:   Margaret Engle Ballet School

SP 2004-021



Request for special use permit to allow a private Ballet School in accordance with Section of the Zoning Ordinance which allows for private schools.  The property, described as Tax Map 60, Parcels 25A and 25B, contains approximately 5.6 acres, and is zoned C1 Commercial.  The proposed dance school is located on Rt. 250W (Ivy Road), approximately 1/10 of a mile west of the intersection of Ivy Road and the 29/Route 250 By-pass, in the Samuel Miller Magisterial District.  The Comprehensive Plan designates this property for Office Service in Neighborhood 7.


STAFF CONTACT(S): Ms. Gillespie, Mr.Cilimberg

AGENDA DATE:                      ITEM NUMBERS:

Planning Commission,  August 10, 2004

Board of Supervisors,    September 1, 2004


ACTION:                                    INFORMATION:

Yes -











The Planning Commission heard the Margaret Engle Ballet School Special Use Permit application on August 10, 2004.  At that meeting, staff explained to the Planning Commission the need to further refine the language of the conditions in order to ensure that they are enforceable and clearly interpreted.   The Planning Commission recommended approval of the Special Use Permit and conditions with the intent that the language of the conditions be refined between the Planning Commission action and the Board of Supervisors hearing. 



Since the Planning Commission meeting, Planning staff has worked with the owner and with Zoning, Engineering, and the County Attorney to refine the language of the conditions.  The purpose of these revisions has been to provide clarity and to ensure that the conditions are both feasible for the owner and applicant and also enforceable for the County.  Staff proposes the following conditions of approval:


1.        Maximum enrollment shall be 12 students per class, with class start and end times staggered on minimum 1/2 hour increments.


2.        Hours of operation for the school shall be from 9:00 AM to 9:00 PM Monday thru Friday and 9:00 AM to Noon Saturday, provided that occasional school-related events may occur outside of these hours.


3.   A pedestrian path for public use shall be constructed along the Route 250 frontage as shown on the Concept Plan dated August 24, 2004 prepared by the County of Albemarle and based on the site map prepared by Muncaster Engineering dated July 29, 2003.  The path shall be maintained by the property owner.  The path shall be no less than 5 feet in width, except where existing landscaping or utilities prevent the full 5 feet width.  Subsurface shall be 4-5 inches of crushed stone and the surface shall be asphalt, prime and seal, recycled pavement or any other alternative hard surface approved by the County Engineer.  Upon request of the County, the owner shall convey an easement to the County granting public access upon the pedestrian path.  This pedestrian path may be removed and the easement, if granted, may be released when a sidewalk is constructed within the Route 250 West right of way.  Such path shall be constructed and available for public use or bonded prior to issuance of a Certificate of Occupancy for the Ballet School.    



Staff recommends approval of SP 2004-021 with the conditions listed above.  





A.  Concept Plan dated August 23, 2004

Planning Commission actions

Staff report
PC minutes

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