HomeMy WebLinkAboutSP201600022 Staff Report Special Use Permit 2017-02-07 ofA
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COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: Staff:
SP201600022 Boys and Girls Club Expansion J.T.Newberry, Senior Planner
Planning Commission Public Hearing: Board of Supervisors Public Hearing: TBA
February 7, 2017
Owner: Southwood Charlottesville, LLC Applicant: Craig Kotarski, Timmons Group and
James Pierce, CEO of the Boys and Girls Club of
Central Virginia
Acreage: 88.10 acres Special Use Permit: Community center under
Section 14.2.2(1) of the Zoning Ordinance
TMP: 090A1-00-00-001D0 Existing Zoning and By-right use:
Location: 387 Hickory Street R-2 Residential—2 units/acre
Magisterial District: Scottsville Conditions: Yes
Development Area: Neighborhood 5 of the Southern Requested# of Dwelling Units: N/A
and Western Neighborhoods Master Plan
Proposal: Amend the existing special use permit for a Comprehensive Plan Designation: Urban Density
community center to serve up to 200 children at any one Residential — residential (6.01 — 34 units/ acre);
time and to permit an approximately 2,800 square foot supporting uses such as places of worship, schools,
modular building adjacent to the existing basketball public and institutional uses, neighborhood scale
court. commercial,office, and service uses.
Character of Property: Developed with residential Use of Surrounding Properties: A school, a
uses; subject site contains an office and community church and vacant, wooded land that is to be
center used for the Boys and Girls Club and the developed as Biscuit Run State Park.
Southwood community.
Factors Favorable Factors Unfavorable
1. This proposal will provide additional None identified.
capacity for comprehensive youth
development services in the Southwood
community.
2. This proposal will provide a larger
community center/meeting place for the
entire Southwood community.
RECOMMENDATION: Staff recommends approval of this special use permit with conditions.
stir' soid
STAFF PERSON: J.T. Newberry,Senior Planner
PLANNING COMMISSION: February 7,2016
BOARD OF SUPERVISORS: TBA
PETITIONS:
PROJECT: SP201600022 Boys and Girls Club—Southwood Expansion
MAGISTERIAL DISTRICT: Scottsville
TAX MAP/PARCEL: 090A1-00-00-001D0
LOCATION: 387 Hickory Street
PROPOSAL: Amend the existing special use permit for a community center(SP201200009)
to serve up to 200 children at any one time and to permit an approximately 2,800 square foot
modular building adjacent to the existing basketball court
PETITION: Community center under Section 14.2.2(1) of the Zoning Ordinance
ZONING: R-2 Residential - 2 units/acre
OVERLAYS: Entrance Corridor, Steep Slopes (Managed and Preserved)
COMPREHENSIVE PLAN: Urban Density Residential—residential (6.01 —34 units/acre);
); supporting uses such as places of worship, schools,public and institutional uses,
neighborhood scale commercial, office, and service uses in Neighborhood 5 of the Southern
and Western Neighborhoods Master Plan
CHARACTER OF THE AREA:
The Southwood community is primarily made up of residential mobile homes. The subject area is
located at the northeast corner of the intersection of Hickory Street and Bitternut Lane. The location
along Hickory Street is approximately 2,100 feet east of its intersection with Old Lynchburg Road
(See Attachment A). Uses adjacent and near to the site include single-family residential, a school, a
church and vacant,wooded land that is to be developed as Biscuit Run State Park. There are several
residential subdivisions located nearby.
PLANNING AND ZONING HISTORY:
Southwood Mobile Home Park developed in 1976. The property was zoned R-2 Residential prior
to 1980. Over the last 40 years, a variety of home occupations, violations, zoning clearances, signs
and three special use permits have occurred on the site:
• SP200100004—Special use permit for a community center at 750 Java Court
known as the Rainbow House.
• SP200700062—Special use permit for 1,400 square foot expansion of existing
community center at 387 Hickory Street, including play area improvements for
the Boys and Girls Club(BGC).
• SP201200009—Special use permit for expansion of the BGC to increase the
number of children allowed from 80 children to 120 children(see conditions in
Attachment B).
• October 5, 2016—Resolution of intent adopted by Board of Supervisors
endorsing a collaborative relationship between the County and Habitat for
Humanity in redeveloping Southwood.
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Sow' Niue'
DETAILS OF THE APPLICANTS' PROPOSAL AND JUSTIFICATION:
The applicant is requesting to expand the existing community center use by increasing the permitted
enrollment from 120 children to 200 children(See Attachment C). To accommodate the additional
enrollment, an approximately 2,800 square foot modular building is proposed adjacent to the
existing basketball court. The existing parking area is proposed to be expanded and re-striped(see
Attachment D).
As justification for the request,the Boys and Girls Club notes that they are at capacity with 117
children coming to the club each day. Additionally, they have 100 children on their waiting list to
become members.
Since the Southwood Mobile Home Park was purchased by Habitat for Humanity in 2007, Habitat
has been working on a plan to replace mobile homes with site built homes. They intend to create a
mixed housing type and mixed income neighborhood. Redevelopment plans are expected to be
completed sometime in 2017.
SUMMARY OF THE COMMUNITY MEETING:
The community meeting was held at the Boys and Girls Club on Wednesday,November 30th, 2016.
The meeting was well-attended by approximately 40 community members, as well as BGC staff and
volunteers. The applicant outlined the proposed expansion and then answered questions. A
translator was available throughout the meeting for both the presentation and the question and
answer portions of the meeting. The community members thanked the applicants for their work to
meet the growing demands on the club and expressed widespread support for the proposal.
ANALYSIS OF THE SPECIAL USE PERMIT REQUESTS:
Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of
Supervisors shall reasonably consider the following factors when reviewing and acting upon an
application for a special use permit:
No substantial detriment The proposed special use will not be a substantial detriment to
adjacent lots.
The request is to expand an existing use that has operated since 2007 and has expanded
previously without issue. The location of the community center is sufficiently buffered from
surrounding lots. Staff does not believe this request will be a substantial detriment to adjacent
lots.
Character of district unchanged The character of the district will not be changed by the
proposed special use.
The character of this district is largely residential and proposed expansion is not expected to
change the character of the district.
Harmony. The proposed special use will be in harmony with the purpose and intent of this
chapter, with the uses permitted by right in the district,
Section 1.4.4 of the zoning ordinance states that one of the purposes of this chapter is"to
facilitate the provision of adequate police and fire protection, disaster evacuation,civil defense,
transportation, water, sewerage, flood protection, schools,parks, forests,playgrounds,
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recreational facilities, airports and other public requirements." The proposed uses are in harmony
with this intent.
...with the regulations provided in section 5 as applicable,
Section 5.1.04 contains the following supplemental regulation for a community center:
"Any such use seeking public funding shall be reviewed by the commission in accordance
with Section 31.2.5. Specifically,the commission shall find that the proposed service area is
not already adequately served by another such facility. In addition,the commission shall be
mindful that such use is appropriate to villages, communities and the urban area of the
comprehensive plan."
The content of Section 31.2.5 was repealed from the Zoning Ordinance in 2015 as it relates back
to a section of State Code (§15.2-2232). The intent of the ordinance is to ensure that an area is
not already adequately served by another existing facility. Staff finds that the size of the waiting
list for the Boys and Girls Club is sufficient evidence to meet this regulation.
...and with the public health,safety and general welfare.
Staff finds that the proposed use should not adversely impact the health, safety and general
welfare of the residents and club members.
Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive
Plan.
The Southern and Western Neighborhoods Master Plan designates this area for Urban Density
Residential uses,which include supporting uses such as places of worship, schools,public and
institutional uses. A community center is proposed at Southwood, either at the entrance to or
within the development(see Attachment E).
During review of this project, staff wondered how this addition would affect or fit in with the
future redevelopment plan for the site. The applicant responded that,because the building is
modular, it can be moved to a different location or off the site as Southwood is redeveloped.
A full Neighborhood Model Analysis is not applicable to this project since the proposal is
viewed as an expansion of an existing building within the development. However, staff notes this
proposal continues to support Neighborhood Model principles by providing a mixture of uses
and retaining a neighborhood center.
Staff finds that proposed expansion is supported by and consistent with the Comprehensive Plan.
SUMMARY AND ACTION:
Staff has identified factors which are favorable to the proposal. Favorable factors include:
1. This proposal will provide additional capacity for comprehensive youth development
services in the Southwood community.
2. This proposal will provide a larger community center/meeting place for the entire
Southwood community.
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Unfavorable factors include:
1. None identified.
RECOMMENDATIONS:
Staff recommends approval of SP201600022 based upon the analysis provided herein with the
following conditions. These conditions are amended from the 2012 special use permit. Changes
showing additional text are underlined and the change proposing to remove text is stftic-l�thr-eugh as
shown below:
1. Development shall be in general accord with the concept plan_titled"Southwood Boys and
Girls Club Expansion"dated April 13, 2012 and the concept plan "Southwood Boys and
Girls Club Expansion" dated September 20, 2016 (hereafter "Concept Plans") as
determined by the Director of Planning and the Zoning Administrator. To be in general
accord with these Concept Plans,the proposed buildings and - ' . .• .• _ .
uses shall reflect the following major elements within the site essential to the design of the
site, as shown on the Concept Plans:
• Location of buildings, uses, and structures, inclusive of the minimum
setback for the new structure from Bitternut Lane must be 15 feet.
• Location of parking areas
• Location of outdoor play area
Minor modifications to the plan which do not conflict with the elements above may be
made to ensure compliance with the Zoning Ordinance; and
2. The parking study is based on a maximum of 200 children. There shall be no more than
200 children at any one time served at this location of the Boys and Girls Club.
PLANNING COMMISSION MOTION:
A. Should a Planning Commissioner choose to recommend approval of the special use permit:
Move to recommend approval of SP201600022 with the conditions outlined above.
B. Should a Planning Commissioner choose to recommend denial of this special use permit:
Move to recommend denial of SP201600022.Should a commissioner motion to recommend denial,
he or she should state the reason(s)for recommending denial.
ATTACHMENTS:
Attachment A—Area Map
Attachment B—Conditions of Approval from SP201200009
Attachment C—Application Narrative
Attachment D—Conceptual Plan
Attachment E—Comprehensive Plan Map
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COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: ZTA 2015-03 BZA Process and AGENDA DATE: May 12, 2015
Technical Changes
ACTION: INFORMATION: X
SUBJECT/PROPOSAL/REQUEST:Work Session to
Address State Code Requirements for BZA Process CONSENT AGENDA:
and for Minor Technical Changes ACTION: INFORMATION:
STAFF CONTACT(S): ATTACHMENTS: Yes
Amelia McCulley, Francis MacCall, Greg Kamptner
BACKGROUND: On July 1, 2015, General Assembly bill HB 1849 will be enacted into State law. This law alters
criteria relating to variances and appeals as well as revises proceedings before the Board of Zoning Appeals (BZA). A
brief background on the role of the BZA and a comparison of their actions to those of other Boards and Commissions is
provided(Attachment B). On March 17 the Planning Commission adopted the attached Resolution of Intent to
undertake ordinance amendments to ensure compliance with State law once the legislation takes effect(Attachment
A).
As noted in our report for the resolution of intent,we are also using this opportunity for updates, clarifications and
corrections to related regulations. This will be generally explained within the discussion and is specifically explained
with the annotations in the draft ordinance(Attachment D).
DISCUSSION:
• Variances.Appeals and BZA Process: The Virginia Code(through HB 1849)establishes new procedural
requirements for BZA as well as a new definition and criteria for variances. This amendment provides for all
types of applications before the BZA such as variance, appeal and interpretation of a district map.
Attachment C outlines those changes.
• Variation or Exception for Site Plan Improvement Requirements: Regulations that arise from the subdivision
or site plan enabling authority are eligible for administrative approval with appeal to the Commission and
Board. Because their authority originates from those and not the general zoning regulations,they are not
required to be special exceptions approved only by the Board. This amendment clarifies this distinction.
• Architectural Review Board(ARB)Appointment, Organization and Procedures and Design Guidelines:
Section 34A is reorganized and reformatted for consistency with other provisions. A new section is added
(Section 34A.3 Design Guidelines)to better describe the process for developing and approving design
guidelines.
• Violations: Section 36 is updated for consistency with the Virginia Code.
• Housekeeping/Minor Technical Changes: These changes include updating Code Sections(both Virginia
Code and County Code)listed as cross-references. They also include amendment to the site plan regulations
consistent with the new State requirements for stormwater management. Amendments to BZA application
procedures are provided for consistency with other application procedures(for filing, checking for
completeness, resubmittal,withdrawal,etc.).
RECOMMENDATION: Staff recommends that the Planning Commission provide feedback on the attached draft
ordinance(Attachment D)and direct staff to schedule the zoning text amendment for public hearing.
ATTACHMENTS:
Attachment A: Resolution of intent
Attachment B: Background on Board of Zoning Appeals
Attachment C: HB 1849
Attachment D: Annotated Draft Ordinance
Niue '4,1•000
Draft: 05/01/15
ATTACHMENT D
ORDINANCE NO. 15-18( )
AN ORDINANCE TO AMEND CHAPTER 18,ZONING,ARTICLE I,GENERAL REGULATIONS,
AND ARTICLE N,PROCEDURE,OF THE CODE OF THE COUNTY OF ALBEMARLE,VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle,Virginia,that Chapter 18,
Zoning,Article I,General Regulations,and Article N,Procedure,are hereby amended and reordained as
follows:
By Amending:
Sec. 3.1 Definitions
Sec.31.2 Building permit applications
Sec. 32.3.5 Variations and exceptions
Sec. 32.5.2 Contents of an initial site plan
Sec. 32.5.4 Groundwater assessment information
Sec. 32.6.4 Dam break inundation zones;engineering study and mapping information
Sec. 32.7.4.2 Easements for facilities for stormwater management facilities and drainage control
Sec. 34.2 Powers and duties of the board of zoning appeals
Sec. 34A.1 Architectural review board;appointment and organization
Sec. 34A.2 Powers and duties of the architectural review board
Sec.36.2 Enforcement
Sec. 36.3 Civil penalties
Sec. 36.5 Injunctive relief and other remedies
By Amending and Renaming:
Sec. 32.4.2.8 Effect of-approval-of an approved initial site plan 1h on : . ._ •_ . .. . .
certificates of appropriateness and early or mass grading
Sec.32.7.4.1Stormwater management, ;water
pollution; soil characteristics
Sec. 34.1 Board of zoning appeals;appointment establishment and organization
Sec. 34.3 Appeals of orders,requirements,decisions,and determinations to the board of zoning
appeals
Sec.34.4 tpplieatien-for-vVariances
By Adding:
Sec. 32.4.2.9 Approval of early or mass grading prior to initial site plan approval
Sec. 34.5 Special use permits
Sec. 18-34.6 Interpreting a district map
Sec. 18-34A.3 Design guidelines
By Repealing:
Sec. 31.7 Review of public features to determine substantial accord with the comprehensive plan
Sec.34.5 Procedure
Sec. 34.6 Decision of board of zoning appeals
1
*owl siod
Draft: 05/01/15
ATTACHMENT D
Comment: The new text is from current Section 8.5.5.4(d),but the reference to the department of
community development is changed to the director of planning.
b. Information to be submitted:number of copies. Each applicant shall provide two(2)copies of the
building plans,two(2)copies of the approved site plan if applicable,and a copy of the most recent
plat of record of the site to be built upon unless no such plat exists,in which case the applicant shall
provide a copy of the most recent deed description of the land.Each applicant shall also provide any
other information the zoning administrator deems necessary to review the application.
Comment:The text of this new subsection from current subsection(a).
bc. Approval. If the proposed building or structure and stated use comply with this chapter,the zoning
administrator shall approve the building permit application as to its compliance with this chapter.
Upon approval of the building permit,one(1)copy of the building plan shall be returned to the
applicant with the permit.
ed. Circumstances when building permit shall not be approved.The zoning administrator shall not
approve a building permit in the following circumstances:
1. No building permit shall be issued for any building or structure for which a site plan is
required unless and until the site plan has been approved.
2. No building permit shall be issued for any structure to be served by an individual well
subject to a Tier 1 groundwater assessment under Albemarle County Code§ 47-400 17-1000
until the applicant complies with Albemarle County Code§ 17 101 17-1001.
Comment: The cross-references are to sections in the Water Protection Ordinance,which was
amended and reorganized in 2014.
3. No building permit shall be approved in violation of any provision of this chapter.
de. Other information for building official. The zoning administrator shall inform the building official of
any other applicable laws or any other provision of the Code to which the building or structure would
not comply and,therefore,a building permit application should not be approved by the building
official.
(§ 31.2.1, 12-10-80;Ord. 01-18(6), 10-3-01 (part); § 31.2.2, 12-10-80;Ord.04-18(4),adopted 12-8-04,
effective 2-8-05 (part);Ord.09-18(3),7-1-09)
State law reference—Va.Code§15.2-2286(A)(4).
(§ 31.2.5, 12 10 80;Ord. 09 18(3),7 1 09)
Comment:This section may be repealed because Virginia Code§15.2-2232 is not a zoning regulation
and this section is unnecessary.
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