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HomeMy WebLinkAboutSP202000005 Review Comments Special Use Permit 2020-04-03COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virqinia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4176 April 3, 2020 Reid Murphy 400 Locust Ave, Ste 3 Charlottesville, VA 22902 (434) 825-1560 1 reid(cr�.bmcholdingsgroup.com RE: SP202000005 Ivy Proper Dear Mr. Reid Murphy: Staff has reviewed your initial submittal for a Special Use Permit for a veterinary office in the Rural Area on State Route 250 (Ivy Road). We have some questions and comments which we believe should be resolved or included as conditions of approval before your proposal goes to public hearing. We would be glad to meet with you to discuss these issues. Our comments are provided below. Comments are organized as follows: 1. Major aspects of the Special Use Permit and application that must be addressed through a resubmittal. 2. How the proposal relates to the Comprehensive Plan, including Rural Area Chapter. 3. Additional comments from reviewers. 4. Comments related to the Special Exception for Critical Slopes. Special Use Permit 1. Additional information is needed regarding whether the veterinary offices will board animals overnight and if there will be an established outdoor area for animals associated with the veterinary office. 2. The narrative should propose hours of operation. 3. Provide more information about how potential noise from the veterinary use will be mitigated, particularly given this development's proximity to neighboring tenants/businesses and residences. 4. An exception to County Code 18-5.1.11(b) should be submitted due to this development's location within 200ft of a residential lot line. 5. Demonstrate that the parking requirements for this proposal can be achieved. Please be aware that parking lots are subject to the landscape requirements of County Code 18-32.7.9.6 Landscaping Within A Parking Area. (If the applicant wishes to pursue a shared parking agreement or a reduced parking requirement, please submit the relevant materials for County review.) 6. Provide expected water usage estimates, using 12VAC5-590-690 for reference. Please be aware that the total on -site water consumption must not exceed 400 gallons per site acre per day. If water consumption exceeds this threshold, a special use permit will be required, per Sec 22.2.2.11. 7. Will nutrient reductions be provided onsite or will the development purchase offsite nutrient credits? 8. Provide additional information regarding the expected lighting and if lighting will be used at night and/or outside of the hours of operation. 9. A private well and septic system will need to be reviewed/approved by multiple reviewers to ensure feasibility. Reviewers include ACSA, VDH, the Director of Planning and the County Engineer. The cost evaluation and the BTEX Study submitted by the applicant will be used to determine if the requested private well and septic system are acceptable. Additional information is currently requested by VDH (see comments below). Please note, more information may be requested in the future from any of the aforementioned reviewing bodies. 10. The narrative should be expanded to provide justification for all four "factors to be considered" for Special Use Permits per 18-33.40. Comprehensive Plan: Initial comments on how your proposal generally relates to the Comprehensive Plan are provided below. Comments on conformity with the Comprehensive Plan are provided to the Planning Commission and Board of Supervisors as part of the staff report. The subject property for this proposal is comprised of Tax Map Parcels 58A2-14 and 58A2-20 located at the intersection of Route 250/Ivy Rd and Ivy Depot Rd, between the railroad and 4282 Ivy Rd, across from the Ivy Store. The Rural Area Chapter (Chapter 7) of the Comprehensive Plan designates these parcels for Rural Area land use. The intent of the Rural Area designation is to allow uses that preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources; and also to allow residential uses at a density of up to 0.5 acres per dwelling unit. The proposed veterinary use was found to align with the Rural Area's intent for crossroads communities to provide support services and opportunities to engage in community life (Objective 5). When compared again recommended review criteria for new uses proposed in the Rural Area, this proposal satisfied many of criteria outlined by the Comprehensive Plan. For aspects staff could not determine alignment with, such as reflect a size and scale that complements the character of the area in which they will be located and be sustainable with available groundwater, more information has been requested. Comments on Use While this parcel is zoned C-1 Commercial, it is also located in the Rural Area. The Rural Area Chapter of the Comprehensive Plan states that uses allowed in the RA Zoning District are the uses that are appropriate in the Rural Area. The RA Zoning District (18-10.2.2(18)) includes Veterinary Services and Animal Hospitals as uses permitted by Special Use Permit (SP). Although the use applied for with this application is under the C-1 Commercial District, it should also be consistent with the character and scale called for in the Rural Area, as described in the Comprehensive Plan. Per the C-1 Zoning District 18-22.2.2(5), veterinary offices are allowed by SP. These uses are also subject to the supplementary regulations of 5.1.11 and performance standards of 4.18. Planning Comments: The following comments related to planning matters have been provided by Mariah Gleason: 1. The title of the application can now be revised to "SP202000005", since there is now a number assigned. 2. On the Concept Plan, under Proposed Uses, clearly note the gross square feet associated with each proposed use. 3. Provide the maximum building footprint. 4. Provide the proposed building height. 5. Under the Zoning notes, include that the subject property lies within the Entrance Corridor Overlay District. 6. Note that the subject property falls within the Ivy Creek Water Supply Watershed. 7. Does the proposed site entrance meet the requirements for sight distance visibility? 8. If loading and service areas are needed to support the proposed uses, show and label proposed locations for these improvements. 9. Please be aware that a sidewalk along the front of the property may be required. 10. Should the special use permit be approved, development of this site cannot commence until review/approval of a final site plan has occurred. Zoning The following comments related to zoning matters have been provided by Kevin McCollum, kmccollum(a).albemarle.org: Parking In accordance with Section 4.12.6 of the Zoning Ordinance and shown on sheet C0.0 of the Ivy Proper Special Use Permit Conceptual Plan there is a total parking requirement of 34 spaces for this site given the square footages provided. There is a discrepancy between the amount of parking provided on sheet C0.0 and shown on sheet C4.0. C0.0 indicates that 32 spaces have been provided (short of the requirement) and sheet C4.0 that shows that there are 34 spaces. Seven (7) of the parking spaces on the eastern most portion of the site are across parcel lines. All parking should be provided on site except as authorized by Section 4.12.8. If a shared parking agreement between neighboring parcels is needed, please provide evidence of the agreement and/or any easements. If a reduction of the parking requirement outlined in 4.12.8 is needed or requested by the applicant, please submit a parking study as described in Section 4.12.2 (c). 2. Special Regulations The applicant has acknowledged they are aware of the regulations outlined in Section 5.1.11 that apply to commercial kennels, veterinary services, offices or hospitals, animal hospitals, and animal shelters. Since the proposal is within 500' and 200' of a residential lot the applicant needs to submit evidence that they are meeting the intent of both 5.1.11(a) and (b). The applicant may need an exception to 5.1.11(b). Zoning recommends a condition of approval to ensure 5.1.11(c). Additionally, Zoning would like more information about the common practices of the proposed kennel. Will there be any outdoor activity? What are typical drop offs and pick ups like? How significant is the soundproofing that is proposed? Engineering may need to review a certified engineer's report for sound. 3. Other Comments As noted in Tim Padalino's Pre-App notes dated 11/8/2019 the primary use of a veterinarian's office would not need an additional special use permit related to water consumption as outlined in Section 22.2.2.11, but any potential additional uses of the property by right would require an approved special use permit , unless it can be positively demonstrated that the use will consume less than 400 gallons per day. Engineering The following comments related to engineering and water resources have been provided by Frank Pohl, fpohl(@albemarle.org: 1. Recommend approval if the required nutrient reductions are provided onsite (versus purchasing offsite nutrient credits). If applicant agrees, the water quality notes on the Cover Sheet should be updated. If the applicant does not agree, this will be recommended as a condition of approval. 2. The elevation at the top of curb (TC) is called out as 525.50 ft and the top of wall is almost touching the 535 ft contour. This results in a wall that will be approximately 10-ft tall. The wall is called out with a max height of 6-ft. Please confirm and show additional wall if needed. 3. Final wall design will be required prior to engineering approval of the final site plan to ensure grading does not encroach into railroad right of way. 4. Drainage from culvert under railroad tracks will need to be addressed in the VSMP/Site plans. 5. Overhead power line may need to be relocated. Entrance Corridor/Architectural Review Board (ARB) The following comments related to the Entrance Corridor Guidelines have been provided by Margaret Maliszewski, mmaliszewski6cr albemarle.org: 1. The relegated parking is a positive aspect of the proposal. Note that the building elevation facing the street must be a fully designed fagade with the appearance of a building front. 2. Trees and shrubs will be required along the 7-space parking row that crosses into TMP 58A2-20A. The current layout does not provide sufficient space for this. 3. The dumpster area is readily visible from the street. A location that is screened by the building is more appropriate. 4. If an outdoor fenced area is required, note that chain link fence that is visible from the street will not be approved. Fire/Rescue The following comments related to fire/rescue have been provided by Shawn Maddox, smaddox(_albemarle.orc : There is no fire protection water supply available for either of the structures mentioned in the application. If a connection is going to be made to ACSA water then a hydrant should be provided to serve the structures. If a connection to ACSA water is not going to be made then Fire Rescue would ask that the applicant consider fire protection systems for the structures even if not required by building code. Virginia Department of Transportation (VDOT) The VDOT reviewer, Adam Moore, adam.moore(a)_vdot.virginia.gov, has no objections to this proposal. Please see attached comments. Building Inspections The Building Official, Michael Dellinger, mdellinger _albemarle.org, has no objections to this proposal, but offers the following comment: 1. No objection however comments will be added during site plan review. Albemarle County Service Authority (ASCA) The following comments from ACSA have been provided by Richard Nelson, rnelson(a�serviceauthority.org: 1. The closest water main is located near the intersection of Neves Lane and Owensville Road. 2. Water pressures in the area are higher than 80psi. A PRV will be required if the pressures are high on this site. 3. The water main along Neves Lane is currently a 4" diameter. If fire hydrants are required on site, the 4" pipe will need to be upgraded to an adequate size. In order to get water to the site from Neves Lane, a CSX permit will need to be acquired. 4. VDH/DEQ will need to review drain field capacity. Rivanna Water & Sewer Authority (RWSA) Comments from RWSA have not been received but will be forwarded upon receipt. Virginia Department of Health (VDH) The following comments from VDH have been provided by Josh Kirtley, Joshua.kirtley(o-)_vdh.virginia.gov: After reviewing the submittal, I am unable to locate anything related to the specifics of the proposed septic system or private well. With that said, I am unable to recommend approval or comment further on this project. Please reach out to Mr. Kirtley directly, copying the lead planner, Ms. Gleason, to discuss the needed information. Transportation Planning Planning Division Transportation Planner, Daniel Butch, dbutch albemarle.org, has no objections to this proposal. SP Conditions Staff has not fully drafted conditions to date for this special use permit, due to the potential changes that need to occur and additional information requested. Once conditions are drafted, staff will send it out to you. Summary of potential proposed conditions: 1. Development shall be in general accord with the major elements of the final application plan and final narrative. Major elements could include the location of the building, parking areas, dumpster pad, and possibly the location of an outdoor area serving animals associated with the veterinary use. Special Exception: Critical Slopes Comments regarding the Critical Slopes Waiver Request are provided by Frank Pohl: 1. Walls must be conceptually designed to confirm limits of disturbance to critical slopes is accurate and will not need to be increased. Please provide a conceptual wall design and update Image 1 and area of disturbed critical slopes as needed. 2. Review Comment 2 of the Special Use comments. Update area of disturbed critical slopes and Image 1 if needed as a result of an additional wall or grading. 3. Refer to Comment 4 of the Special Use comments. Grading required to capture and route this drainage may be required within the critical slopes. If required, add impacted areas to Image 1 and update areas in the request. Resubmittal If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal. The resubmittal date schedule and other related resources are provided for your convenience online at: https://www.albemarle.org/department.asp?department=cdd&relpage=15259 Notification and Advertisement Fees Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. Community Meeting Prior to requesting a public hearing with the Planning Commission and Board, a community meeting must be held in accordance with Zoning Ordinance Section 18- 33.37. It is the responsibility of the applicant to contact the lead planner, Planning Commission member, and County Supervisor to coordinate a date, time, and location for the meeting. Due to current circumstances surrounding the COVID-19 pandemic, the County is working to find a suitable means of conducting community meetings during this time. The lead planner will reach out as information becomes available. Feel free to contact me if you wish to meet or need additional information. My email address is mgleason(a)_albemarle.org Sincerely, k�w* Mariah Gleason Community Development Department Planning Division Senior Planner enc: Att. 1: Resubmittal Schedule Att. 2: Resubmittal Form Charles A. Kilpatrick, P.E. Commissioner COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANS PORTAT[ON 1601 Rtange Road Culpeper. Virginia 22701 March 11, 2020 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Mariah Gleason Re: Ivy Proper SP-2020-00005 Review #1 Dear Ms. Gleason: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the above referenced Special Use Permit and takes no exception to the proposal. Please note that the final site plan must show conformance with the VDOT Road Design Manual Appendices B(1) and F, as well as any other applicable standards, regulations, or other requirements. If further information is desired please contact Max Greene at (434) 422-9894. A VDOT Land Use Permit will be required prior to any work within the right of way. The owner/developer must contact the Charlottesville Residency land Use Section at (434) 422-9399 for information pertaining to this process. Sincerely, Adam J. Moore, P.E. Area Land Use Engineer Charlottesville Residency VirginiaDOT.org WE KEEP VIRGINIA MOVING 2020 Submittal and Review Schedule Special Use Permits and Zoning Map Amendments Mandatory Preapp must be held no later than this day to file application by Deadline for Filing Deadline for Filing (3 P.M.) First Set of Written Comments Due to Applicant EITHER Planning Commission Public Hearing if No Resubmittal is Necessary No sooner than OR Resubmittal Deadline" PLEASE SEE THE RESUBMITTAL SCHEDULE Monday Monday Friday Tuesday Monday Jan 06 Tue Jan 21 Mar 06 May 05 ** Feb 03 Tue Feb 18 Apr 03 Jun 02 ** Mar 02 Mar 16 May 01 Jun 16 ** Apr 06 Apr 20 Jun 05 Aug 04 ** May 04 May 18 Jul 02 Sep 01 ** Jun 01 Jun 15 Jul 31 Sep 22 ** Jul 06 Jul 20 Sep 04 Oct 20 ** Aug 03 Aug 17 Oct 02 Dec 01 ** Sep 07 Sep 21 Nov 06 Jan 05 ** Oct 05 Oct 19 Dec 04 Feb 02 2021 ** Nov 23 Dec 07 Jan 22 2021 Mar 23 2021 ** Dates with shaded background are not 2020. SPs for offsite or electric message signs follow the Variance schedule for the BZA. 2021 dates are tentative. * Board of Supervisors' worksessions and public hearings will be scheduled after the Planning Commision's action on applications. ** Resubmittals are accepted on ANY resubmittal Monday listed after the date of the written comments to the applicant. The PC public hearing date is the earliest date at which the request may be heard after the corresponding resubmittal deadline date. These schedules provide basic information. Please consult with the Planning Division for more details regarding schedules and processing 2020 Submittal and Review Schedule Special Use Permits and Zoning Map Amendments Resubmittal Schedule Resubmittal Dates (1st, 3rd, and 5th Monday of the month) Comments given to the Applicant Applicant requests PC Public Hearing AND Payment Due for Legal Ad (no additional resubmittals) Planning Commission Public Hearing No sooner than* COB Auditorium Monday Wednesday Friday Tuesday Jan 06 Feb 05 Feb 14 Mar 10 Jan 21 Feb 19 Feb 28 Mar 24 Feb 03 Mar 04 Mar 13 Apr 07 Feb 18 Mar 18 Mar 27 Apr 21 Mar 02 Apr 01 Apr 10 May 05 Mar 16 Apr 15 Apr 24 May 19 Mar 30 Apr 29 May 08 Jun 02 Apr 06 May 06 May 08 Jun 02 Apr 20 May 20 May 22 Jun 16 May 04 Jun 03 Jun 12 Jul 07 May 18 Jun 17 Jun 26 Jul 21 Jun 01 Jul 01 Jul 10 Aug 04 Jun 15 Jul 15 Jul 24 Aug 18 Jun 29 Jul 29 Aug 07 Sep 01 Jul 06 Aug 05 Aug 07 Sep 01 Jul 20 Aug 19 Aug 28 Sep 22 Aug 03 Sep 02 Sep 11 Oct 06 Aug17 Sep 16 Sep 25 Oct 20 Aug 31 Sep 30 Oct 16 Nov 10 Sep 08 Oct 07 Oct 16 Nov 10 Sep 21 Oct 21 Oct 30 Nov 24 Oct 05 Nov 04 Nov 06 Dec 01 Oct 19 Nov 18 Nov 13 Dec 08 Nov 02 Dec 02 Dec 18 Jan 12 2021 Nov 16 Dec 16 Dec 18 Jan 12 2021 Dec 21 Jan 20 2021 Jan 29 2021 Feb 23 2021 Jan 04 2021 Feb 03 2021 Feb 05 2021 Mar 02 2021 Bold italics = submittal/meeting day is different due to a holiday. Dates with shaded background are not 2020. 2021 dates are tentative. *Public hearing dates have been set by the Planning Commission; however, if due to unforeseen circumstances the Planning Commission is unable to meet on this date, your project will be moved to the closest available agenda date. FOR OFFICE USE ONLY SP # Fee Amount $ Date Paid By who? Receipt # Ck# Bv: a Resubmittal of information for CV � 1 T T T • i Special use Permit �— PROJECT NUMBER THAT HAS BEEN ASSIGNED: Owner/Applicant Must Read and Sign I hereby certify that the information provided with this resubmittal is what has been requested from staff Signature of Owner, Contract Purchaser Date Print Name Daytime phone number of Signatory FEES to be paid after application For original Special Use Permit fee of $1,075 ❑ First resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) Free ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $538 For original Special Use Permit fee of $2,000 ❑ First resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) Free ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,075 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11/2/2015 Page 1 of 1