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129 Mr. Cox asked how compliance on special permits ismonitored, and asked if they are complaint driven. Ms. Thomas said the zoning inspector monitors the sites, but they are mostly complaint driven. Mr. Cox said he was surprised at the opposition to this given the need for day care, and said he does not see any other way to address the concerns. He said he thinks the traffic will be minor and thinks it is a win/win for the City schools and neighborhood. Mr. Cox said he likes the language immersion component of the pre-school. Mr. Cox made a motion to approve the resolution granting a special permit and Mr. Lynch seconded the motion. Mr. Lynch asked what remedy the City or neighborhood has if conditions are not rnet, and Mr. Brown said the zoning administrator has the authority to issue a stop order, after which time is given to comply or appeal. If there is non-compliance, the special permit can be lost. Mr. Caravati said he will support the resolution, and feels it is incumbent upon the church and users of the pre-school to be good neighbors. Ms. Richards said she will not support the resolution and feels the neighbors and neighborhood association have been somewhat cavalierly dismissed in their concern by public officials. The special permit for the pre-school was approved by the following vote. Ayes: Mr. Caravati, Mr. Cox, Mr. Lynch, Ms. Richards, Mr. Toscano. Noes: None. WHEREAS, the Immanuel Lutheran Church has requested a special use permit for a preschool at 2416 Jefferson Park Avenue, with a maximum enrollment of fifty (50) children, ages 2½ years through pre-kindergarten. This property is further identified as Parcels 88 and 89 on City Real Property Tax Map 21, having approximately 200 feet of frontage on Jefferson Park Avenue, and contairdng approximately 129,050 square feet of land or 2.96 acres; and WHEREAS, following a joint public hearing before this Council and the Planning Commission, duly advertised and held on May 8, 2001, this Council finds that such use will conform to the criteria applicable to special permits generally under Chapter 34 of the City Code; now, therefore BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that a special use permit is hereby approved and granted to Immanuel Lutheran Church, owner of the property at 2416 Jefferson Park Avenue, to allow operation of a preschool in the church building. This special use permit is conditioned upon the following: II. HI. IV. Vo Administrative approval of the final site plan, to include a six-foot privacy fence surrounding the proposed playground. Enrollment of the child care center shall not exceed fifty (50) children, without amendment of this special use permit. Designation of 2½ rows (18 spaces) of parking behind (east of) the church education building for use by the preschool, from 8:00 a.m. to 5:30 p.m., Monday through Friday. Review and approval by Neighborhood Development Services of a subdivision plat adding the area extending from the western edge of the proposed playground (behind the church's rental house) to the eastern boundary of Parcel 88 to Parcel 89, the parent church parcel. After the plat amendment, Parcel 88 is to contain only the single-family house located at 2412 Jefferson Park Avenue with appropriate setbacks. The school shall be operated in accordance with the description in the attachment provided with the application for a special use permit.