HomeMy WebLinkAboutZMA201700008 Action Letter 2018-06-25 err*,
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
June 25,2018
Milestone Partners
Ellie Ray
300 2'd Street,NE
Charlottesville,VA 22906
RE: ZMA201700005&SP201700022 Charlottesville-Albemarle SPCA Renovation and
Expansion
Dear Mrs. Ray,
On June 13,2018,the Board of Supervisors took actions on the above noted petitions.
Regarding ZMA201700008
The request to rezone 2.53 acres of the property from R6 Residential to C-1 Commercial was approved by
the Board's adoption of the attached ordinance and proffers.
Regarding SP201700022
The request to construct several additions to the existing CASPCA facility totaling approximately 12,500
square feet,expand and relocate outdoor areas for exercise,and provide additional parking and a
stormwater facility,as well as the request to expand the use and additional structures including a training
facility without a limit on square footage on TMP 04500-00-00-08800 was approved by the Board's
adoption of the attached resolution and conditions.
Please be advised that although the Albemarle County Board of Supervisors took action on the
project noted above,no uses on the property as approved above may lawfully begin until all
applicable approvals have been received and conditions have been met. This includes:
• . compliance with conditions of the SPECIAL USE PERMIT;
• approval of and compliance with a SITE PLAN AMENDMENT; and
• approval of a ZONING COMPLIANCE CLEARANCE.
Before beginning uses as allowed by this rezoning and special use permit or if you have questions
regarding the above-noted action,please contact Rebecca Ragsdale at(434)296-5832 ext. 3226.
Sincerely,
(:)._.4. no..A.A03.--
JT Newberry
Senior Planner
Planning Division
•
CC: Albemarle Society For The Prevention Of Cruelty To Animals Inc
P 0 Box 7047
Charlottesville Va 22906
*Attachment*
Original Proffers X
Amendment
PROFFER STATEMENT
ZMA No.201700008 Charlottesville-Albemarle SPCA Renovation and Expansion
Tax Map and Parcel Number(s): 04500-00-00-08800
Owner(s)of Record:The Albemarle Society For The Prevention Of Cruelty To Animals Inc
Date of Proffer Signature: May 29,2018
2.53 acres to be rezoned from R-6,Residential to C-1,Commercial
The Albemarle Society For The Prevention Of Cruelty To Animals Inc is the owner(the"Owner")of Tax
Map and Parcel Number 04500000008800(the`Property")which is the subject of rezoning application ZMA
No.201700008,a project known as"Charlottesville-Albemarle SPCA Renovation and Expansion"(the
"Project").
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance,the Owner hereby voluntarily proffers the
conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified
above. These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the
conditions are reasonable.
1. Permitted uses of the property,and/or uses authorized by special use permit,shall include only the
following section(s)of the Albemarle County Zoning Ordinance in effect on April 27,2018, a copy of
the section(s)being attached hereto:
22.2.1 BY RIGHT(§ 18-22.2.1)
3. Religious assembly use,cemeteries. (Amended 8-9-17)
4. Clubs,lodges(reference 5.1.02).
13. Nurseries,day care centers(reference 5.1.06).
20. Dwellings(reference 5.1.21).
26. Stonnwater management facilities shown on an approved final site plan or subdivision plat
27. Tier I and Tier II personal wireless service facilities(reference 5.1.40).
22.2.2 BY SPECIAL USE PERMIT(§ 18-22.2.2)
The following uses shall be permitted only by special use pennit approved by the board of supervisors:
2. Energy and communications transmission facilities.
3. Hospitals.
5. Veterinary office and hospital(reference 5.1.11).
6. Unless such uses are otherwise provided in this section,uses permitted in section 18.0,residential:.R-15,
in compliance with regulations set forth therein.
13. Animal shelter(reference 5.1.11).
14. Tier 111 persona!wireless service facilities(reference 5.1.40).
OWNER
Aeili (YU
By:Angi Gunter
Title:Executive Director
The Albemarle Society For The Prevention Of Cruelty To Animals Inc
1
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 22
COMMERCIAL-C-1
Sections:
22.1 INTENT,WHERE PERMITTED
22.2 PERMITTED USES
22.2.1 BY RIGHT
22.2.2 BY SPECIAL USE PERMIT
22.3 ADDITIONAL REQUIREMENTS
22.1 INTENT,WHERE PERMITTED
C-1 districts are hereby created and may hereafter be established by amendment to the zoning map to
permit selected retail sales, service and public use establishments which are primarily oriented to central
business concentrations. It is intended that C-I districts be established only within the urban area,
communities and'villages in the comprehensive plan. (Amended 9-9-92)
22.2 PERMITTED USES
22.2.1 BY RIGHT
The following uses shall be permitted in any C-1 district, subject to the applicable requirements of this
chapter. The zoning administrator, after consultation with the director of planning and other appropriate
officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be
similar to uses permitted by right in general character and more specifically, similar in terms of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section 34.
a. The following retail sales and service establishments:
1. Antique,gift,jewelry,notion and craft shops.
2. Clothing,apparel and shoe shops.
3. Department store.
4. Drug store,pharmacy.
5. FIorist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
7. Furniture and home appliances(sales and service).
8. Hardware store.
9. Musical instruments.
18-22-1
Zoning Supplement#103,8-9-17
ALBEMARLE COUNTY CODE
10. Newsstands,magazines,pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
-16. Farmers'markets(reference 5.1.47).
17. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site;provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
18. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site;provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the board of
supervisors. •
19. Drive-through windows(reference 5.1.60).(Added 3-2-16)
b. The following services and public establishments:
I. Administrative,professional offices.
2. Barber,beauty shops.
3. Religious assembly use,cemeteries.(Amended 8-9-17)
4. Clubs,lodges(reference 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations(reference 5.1.09).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries,dry cleaners.
II. Laundromat(provided that an attendant shall be on duty at all hours during operation).
12. Libraries,museums.
13. Nurseries,day care centers(reference 5.1.06).
14. Eating establishments.
18-22-2
Zoning Supplement#103,8-9-17
ALBEMARLE COUNTY CODE
15. Tailor,seamstress.
16. Automobile service stations(reference 5.1.20).
17. Water,sewer,energy and communications distribution facilities.
18. Public uses(reference 5.1.12).
19. Temporary construction headquarters and temporary construction storage yards(reference 5.1.18).
20. Dwellings(reference 5.1.21).
21. (Repealed 4-3-13)
22. Automobile,truck repair shop excluding body shop.
23. Temporary industrialized buildings(reference 5.8).
24. Indoor athletic facilities.
25. (Repealed 5-5-10)
26. Stormwater management facilities shown on an approved final site plan or subdivision plat.
27. Tier I and Tier II personal wireless service facilities(reference 5.1.40).
(§20-22.2.1,12-10-80;6-3-81;3-5-86;9-9-92;5-2-93;9-14-93; 10-11-95;Ord.02-18(6), 10-9-02;Ord.04-18(2),
10-13-04;Ord. 10-18(4),5-5-10;Ord. 13-18(2),4-3-13;Ord. 16-18(2),3-2-16;Ord. 17-18(4),8-9-17;Ord. 18-
18(1), 1-10-18)
22.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of supervisors:
1. Commercial recreation establishments including but not limited to amusement centers,bowling alleys,
pool halls and dance halls.
2. Energy and communications transmission facilities.
3. Hospitals.
4. (Repealed 8-9-17)
5. Veterinary office and hospital(reference 5.1.11).
6. Unless such uses are otherwise provided in this section,uses permitted in section 18.0,residential-R-
15,in compliance with regulations set forth therein.
7. Hotels,motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the comprehensive
plan.
9. Stand alone parldng and parking structures(reference 4.12,5.1.41).
10. (Repealed 3-2-16)
18-22-3
Zoning Supp.#105,1-10-18
ALBEMARLE COUNTY CODE
11. Uses permitted by right, not served by public water, involving water consumption exceeding four
hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer,
involving anticipated discharge of sewage other than domestic wastes,
12. Body shop.
13. Animal shelter(reference 5.1.11).
14. Tier III personal wireless service facilities(reference 5.1.40).
15. Storage/Warehousing/Distribution/Transportation
(§ 20-22.2.2, 12-10-80; 1-1-83; 6-1-83; 11-7-84; 6-14-89; 9-9-92; 6-16-99; Ord. 03-18(1), 2-5-03; Ord. 04-18(2),
10-13-04;Ord. 13-18(2),4-3-13;Ord. 16-18(2),3-2-16;Ord. 17-18(4),8-9-17)
22.3 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial districts,
generally,shall apply within all C-1 districts. (Amended 3-17-82;7-10-85)
18-22-4
Zoning Supp.ill U5,1-10-18
ORDINANCE NO.18-A(3)
ZNIA 2017-08 CHARLOTTESVJLLE-ALBEMARLE SPCA RENOVATION AND EXPANSION
AN ORDINANCE TO REZONE 2.53.ACRES
FROM R6-RESIDENTIAL TO CI-COMMERCIAL
FOR TAX MAP PARCEL NUMBER 04500-00-00-08800
WHEREAS,the application to rezone 2.53 acres from R6-Residential to Cl-Commercial for Tax Map Parcel
Number 04500-00-00-08800 is identified as ZMA 2017-00008 Charlottesville-Albemarle SPCA("ZMA 2017-08");
and
WHEREAS, staff recommended approval of ZMA 2017-08 with proffers;and
WHEREAS,the Planning Commission held a duly noticed public hearing on ZMA 2017-08 on April 24,
2018 and recommended approval with proffers,including the potential of more restrictive uses than recommended by
staff;and
WHEREAS,on June 13,2018,the Albemarle County Board of Supervisors held a duly noticed public
hearing on ZMA 2017-08.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle,Virginia,that upon
consideration of the staff report prepared for ZMA 2017-08 and its attachments,including the proffers dated May 29,
2018,which include the use restrictions as recommended by staff,and the rezoning application plan entitled
"Charlottesville Albemarle SPCA Rezoning/Special Use Permit Application",prepared by Timmons Group and dated
December 18,2017 and last revised on April 5,2018(the"concept plan"),the information presented at the public
hearing,the material and relevant factors in Virginia Code§ 15.2-2284,the intent of the CI-Commercial district stated
in County Code§ 18-22.1,and for the purposes of public necessity,convenience,general welfare and good zoning
practices,the Board hereby approves ZMA 2017-08 with the proffers dated May 29,2018 and the concept plan dated
December 18,2017 and last revised on April 5,2018.
lc**
I,Claudette K. Borgtrsen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance
duly adopted by the Board of Supervisors of Albemarle County, Virginia,by a vote of six to zero,as recorded below,
at a meeting held on June 13,2018.
Clerk,Board of County Supervis
Aye Nay.
Mr.Dill Y
Mr.Gallaway Y ,m
Ms.Mallek Y
Ms. McKee] Y
Ms.Palmer Y
Mr.Randolph Y
RESOLUTION TO APPROVE
SP 2017-22 CHARLOTTESVILLE-ALBEMARLE SPCA
(CASPCA)RENOVATION AND EXPANSION
WHEREAS,the Owner of Tax Map Parcels 04500-00-00-08600 and 04500-00-00-08800 filed an
application to renovate and expand the Charlottesville-Albemarle SPCA facility located at 3355 Berkmar
Drive in conjunction with a zoning map amendment request to rezone Tax Map Parcel 04500-00-00-08800
(ZMA201700008),and the application is identified as Special Use Permit 2017-00022 Charlottesville-
Albemarle SPCA(CASPCA)Renovation and Expansion("SP 2017-22");and
WHEREAS,on April 24,2018,after a duly noticed public hearing,the Albemarle County PIanning
Commission recommended approval of SP 2017-22 with conditions;and
WHEREAS,on June 13,2018,the Albemarle County Board of Supervisors held a duly noticed
public hearing on SP 2017-22.
NOW,THEREFORE,BE IT RESOLVED that,upon consideration of the foregoing,the staff
report prepared for SP 2017-22 and all of its attachments,the information presented at the public hearing,
and the factors relevant to the use in Albemarle County Code§ 18-22.2.2(13)and the factors relevant to a
special use permit in Albemarle County Code § 18-33.8,the Albemarle County Board of Supervisors hereby
approves SP 20I7-22, subject to the conditions attached hereto.
1, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County,Virginia,by a vote of six to zero,
as recorded below,at a meeting held on June 13,2018.
()._,fit add-,4 as.
Clerk,Board of County Sup sors
Mr.Dill Y
Mr. Gallaway Y
Ms.Mallek Y
Ms.McKeel Y
Ms.Palmer
Mr.Randolph
SP-2017-00022 Charlottesville-Albemarle SPCA(CASPCA)Renovation and Expansion Conditions
1. Development and use shall be in general accord with the conceptual plan titled"Charlottesville Albemarle
SPCA Rezoning/Special Use Permit Application"prepared by Timmons Groups and dated December 18,
2017;last updated April 5,2018,(hereafter"Conceptual Plan"), as determined by the Director of
Planning and the Zoning Administrator.To be in general accord with the Conceptual Plan,the proposed
development and use shall reflect the following major elements essential to the design of the site:
• location of buildings and structures(not including fenced outdoor exercise areas)
• location of parking areas
• no parking lots,driveways,or permanent structures within 30 feet of the property lines adjoining
parcels zoned residentially
• dedication of right-of-way along Berkmar Drive
• landscaping and screening at the perimeter of the site as noted on the plan
• a 30'buffer zone on IMP 04500-00-00-08800
Minor modifications to the plan which do not conflict with the elements above may be made to ensure
compliance with the Zoning Ordinance.
2. Additional buildings, structures,fencing,and parking may occur in the area shown for SPCA expansion
in accordance with the Conceptual Plan.
3. Fundraising activities and other special events shall not occur unless a zoning clearance has been issued
by the Department of Community Development.
4_ Animals may be walked and/or exercised outside only between the hours of 8:00 a.m.and 7:00 p.m.
While animals are outside,they must be supervised and be either on a leash if outside the fenced area or
contained within a fenced area if not on a leash.
5. Support facilities located on IMP 04500-00-00-08800 must be shown on an approved site plan and
fenced to the satisfaction of the Zoning Administrator.
6. Fencing,other than for outdoor exercise areas,shall be of the same or a similar material identified on the
plan entitled"Charlottesville/Albemarle S.P.C.A.ZMA-2000-005, SP-2000-022,revised November 6,
2007."
RESOLUTION TO APPROVE SPECIAL EXCEPTIONS
FOR SP 2017-22 CHARLO'l.IESVILLE-ALBEMARLE SPCA
(CASPCA)RENOVATION AND EXPANSION
WHEREAS,the Charlottesville-Albemarle Society for the Prevention of Cruelty to Animals,Inc.
(the"CASPCA")submitted an application for a special use permit to expand the SPCA facility on Tax Map
Parcels 04500-00-00-08600 and 04500-00-00-08800(the"Property)("SP 2017-22);and
WHEREAS,the CASPCA filed a request for the following four special exceptions in conjunction
with SP 2017-22:
• to modify the requirement of County Code§ 18-4.20 that requires a 50 foot side and rear
setbacks for structures;
• to waive the requirement of County Code§ 18-21.7 that prohibits the disturbance of a 20 foot
area between commercial and residential districts;
• to waive the requirement of County Code§ 18-5.1.11(a)that soundproofed air-conditioned
confinement structures for an animal shelter use be located at least 500 feet from a residential or
agricultural lot line;and
• to waive the requirement of County Code§ 18-5.1.11(b)that soundproofed confinement
structures for an animal shelter use be located at least 200 feet from a residential or agricultural
lot line.
NOW,TJjJ BEFORE,BE IT RESOLVED that, upon consideration of the foregoing,the staff
report prepared in conjunction with the application,and its supporting analysis,and all of the factors relevant
to the special exceptions in Albemarle County Code §§ 18-5.1, 18-33.5, and 18-33.9,the Albemarle County
Board of Supervisors hereby approves the special exceptions to modify the requirement of County Code§
18-4.20 and to waive the requirements of County Code§§ 18-21.7, 18-5.1.11(a), and 18-5.1.11(b),subject to
the conditions attached hereto.
I, Claudette K. Borgersen,'do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County,Virginia,by a vote of 1;j to zero,
as recorded below,at a meeting held on June 13, 2018.
(Yee-Odd-if/4
Clerk,Board of County Supe
Aye Nay
Mr.Dill Y
Mr.Gallaway 3'
Ms.Mallek Y
Ms.McKeeI Y
Ms.Palmer Y
Mr.Randolph Y
SP-2017-00022 Charlottesville-Albemarle SPCA(CASPCA)Renovation and Expansion Conditions
1. The installation of perimeter fencing and landscaping to enhance screening shall be the only disturbance
permitted within the buffer zones.
2. On Parcel 86,no proposed building addition or new structure shall encroach closer than 40 feet to a side
or rear property line,except that any fenced outdoor exercise area shall be at least 20 feet from any
residential Iot line.
3. On Parcel 88,no proposed structures shall encroach closer than 50 feet to a side or rear property line,
except that any fenced outdoor exercise area shall be at least 30 feet from any residential lot line.
4. Prior to the issuance of a building permit,the applicant shall submit information to the satisfaction of the
County Engineer and the Zoning Administrator(or their designees)that demonstrate the sound
attenuation qualities of the construction materials used in the renovation of the clinic can reasonably
meet the fifty-five(55) decibel sound limit in Section 5.1.11(b).