HomeMy WebLinkAboutSP202000005 Correspondence 2020-04-20COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
April 3, 2020
Reid Murphy
400 Locust Ave, Ste 3
Charlottesville, VA 22902
(434) 825-1560 1 reid bmcholdingsgroup.com
RE: SP202000005 Ivy Proper
Dear Mr. Reid Murphy:
Fax (434) 972-4176
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.
• There is no overnight boarding and no anticipated outdoor holding
area.
2. The narrative should propose hours of operation.
• Added to narrative. Anticipated potential hours of operation are 7:00 am and 7:00
pm.
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.
• The facility has no indoor or outdoor boarding areas. Typical
construction practices will mitigate noise transfer. Since the vet is the
initial/lead tenant, adjacent tenant(s) will know they are moving in
next to a vet.
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.
• Application for Special Exception and fee are included with
resubmittal.
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.)
• These details will be included with Initial Site Plan and/or ARB
submittal once use is approved. The concept plan provided
demonstrates preliminary compliance with parking requirements.
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.
• 12VAC5-590-690 does not include veterinary offices. North Carolina
code (15A NCAC 02T .0114 WASTEWATER DESIGN FLOW RATES)
suggests 250 gal/practitioner/shift. A copy of this code section is
included with resubmittal. This is a single practitioner vet. Estimated
water usages have been added to sheet C0.0 of the SUP Conceptual
Plan.
7. Will nutrient reductions be provided onsite or will the development purchase
offsite nutrient credits?
• These details will be included with Initial Site Plan and/or ARB
submittal once use is approved.
8. Provide additional information regarding the expected lighting and if lighting will
be used at night and/or outside of the hours of operation.
• Sheet C0.0 of the concept plan includes a note that reads: "..Water
quality requirements will be met through either onsite treatment or
through the nutrient credit program. Additional details will be included
with Initial Site Plan and/or ARB submittal once use is approved.
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.
• There is an engineered well and septic plan with VDHA approval with a
capacity of 875 gal/day. A copy of the approval letter is attached with
the resubmittal. The full plan and operations manual will be recorded
with initial site plan submittal. Copies are available upon request.
10. The narrative should be expanded to provide justification for all four "factors to be
considered" for Special Use Permits per 18-33.40.
• These comments have been added to the narrative.
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 about the appropriateness of size and scale have been added to the
narrative. Note that the specifics of the aesthetic are not a component of the use and
will be addressed during the ARB review process.
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.
Addressed on resubmittal
2. On the Concept Plan, under Proposed Uses, clearly note the gross square feet
associated with each proposed use.
• Addressed on resubmittal
3. Provide the maximum building footprint.
4. Provide the proposed building height.
• Proposed building height has been included on sheet C0.0. Additional detail will
be included with Initial Site Plan and/or ARB submittal once use is approved.
5. Under the Zoning notes, include that the subject property lies within the Entrance
Corridor Overlay District.
Addressed on resubmittal. Note added on sheet C0.0.
6. Note that the subject property falls within the Ivy Creek Water Supply Watershed.
• Addressed on resubmittal. Note included on sheet C0.0.
7. Does the proposed site entrance meet the requirements for sight distance
visibility?
• We met with VDOT to discuss the entrance. The property must have access.
Keeping the entrance as far east as possible creates maximum site distance.
Additionally, a horizontal and vertical sight distance has been added to the
Conceptual Plan, sheet C4.1.
8. If loading and service areas are needed to support the proposed uses, show and
label proposed locations for these improvements.
• Loading area is not needed for the proposed use. Additional detail will
be included with Initial Site Plan and/or ARB submittal.
9. Please be aware that a sidewalk along the front of the property may be required.
• Noted
10. Should the special use permit be approved, development of this site cannot
commence until review/approval of a final site plan has occurred.
Noted
Zonina
The following comments related to zoning matters have been provided by Kevin
McCollum, kmccollum(c_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.
This discrepancy has been corrected on the concept plan.
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).
Parking requirements, easements, and any agreements will be resolved during
site plan review.
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).
We have submitted an Application for a Special Exception to allow the siting of the
building closer than 200' to a residential lot line. The rest of the zoning ordinance
remains in effect and should not need to be a requirement for the special use permit.
Applicant acknowledges the requirements of the code.
Additionally, Zoning would like more information about the common practices of
the proposed kennel. Will there be any outdoor activity? No. What are typical
drop offs and pick ups like? similar to any other veterinary practice. How
significant is the soundproofing that is proposed? Significant enough to meet or
exceed the requirements of the ordinance.
Engineering may need to review a certified engineer's report for sound. Noted.
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(a)albemarle.org:
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. Given the constraints of the site
including critical slopes, and parcel geometry/size, the applicant would like to
maintain the option to either provide water quality treatment onsite, or to meet
the requirement through offsite nutrient credit purchase.
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.
Response to 2-3: The site layout has been revised to provide additional
separation from the proposed wall and the railroad right-of-way. Additional
design information on the wall and detailed grading will be provided with the
Initial and Final Site Plan submittal to demonstrate the construction of the
wall is feasible without encroaching into the railroad right away.
4. Drainage from culvert under railroad tracks will need to be addressed in the
VSMP/Site plans.
The Concept Plan has been updated to include a Drop Inlet structure to
pick up and divert offsite runoff. Additional detailing and calculations will
be provided with the Initial and Final Site Plan Submittals.
5. Overhead power line may need to be relocated.
Acknowledged. This will be addressed with the Initial and Final Site Plan submittal and
coordinated with Dominion Power and/or utility providers as necessary.
Entrance Corridor/Architectural Review Board (ARB)
The following comments related to the Entrance Corridor Guidelines have been
provided by Margaret Maliszewski, mmaliszewski(a)_albemarle.org:
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. Acknowledged. Building elevations and renderings will be
submitted for ARB review prior to final approval.
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.
The dumpster area is readily visible from the street. A location that is screened
by the building is more appropriate. The conceptual layout has been revised
to provide an additional 4' of space in this location. Conceptual landscaping
has been provided along with a callout that reads "Conceptual planting
locations shown. Landscape plan provided with final site plan shall meet all
applicable County requirements.
If an outdoor fenced area is required, note that chain link fence that is visible
from the street will not be approved. Acknowledged.
Fire/Rescue
The following comments related to fire/rescue have been provided by Shawn Maddox,
smaddoxC�albemarle.org:
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. Acknowledged. ACSA water service connection will not be
Virginia Department of Transportation (VDOT)
The VDOT reviewer, Adam Moore, adam.moore(o)-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. Acknowledged.
A COPY OF THE PE SEWAGE DISPOSAL SYSTEM CONSTRUCTION PERMIT LETTER (COV
32.1-163.6) IS INCLUDED WITH THE RESUBMITTAL. There is no intention to attach to public
water or sewer at this location.
Albemarle County Service Authority (ASCA)
The following comments from ACSA have been provided by Richard Nelson,
rnelson .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. VDH/DEQ will need to review drain field capacity.
1-3 Response: Connection to the ACSA system is not feasible. Designs on the proposed
drainfield have been provided and approved by VDH/DEQ. Documentation will be provided
to ACSA.
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(a)-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.
Response to comments 1-3: As discussed with Frank Pohl, the proposed layout
has been revised to provide additional separation from the railroad r/w. A drop
inlet structure has been provided to divert the offsite drainage from the railroad
culvert. Additional detail on both the walls and drainage will be provided with
final site plan submittal. The site layout and wall will be designed to ensure
construction does not encroach into the railroad r/w. The critical slopes waiver
request has been revised accordingly and includes a request for additional
disturbance to ensure additional requests will not be necessary.
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 _albemarle.org
Sincerely,
k�a*
Mariah Gleason
Community Development Department
Planning Division
Senior Planner
enc: Att. 1: Resubmittal Schedule
Att. 2: Resubmittal Form
COMMONWEALTH Of VIRGINIA
DEPARTMENT OF TRANSPORTATION
160, Orange Road
Culpeper, Vl,vinla 22701
Charles A. Kilpatrick, P.E.
Commissioner
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,
klAll
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
I Sep 21
Nov 06
Jan 05
**
Oct 05
I Oct 19
Dec 04
Feb 02 2021
I **
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 (1 st,
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
I 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
I 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
i Aug 04 i
Jun 15
Jul 15
I Jul 24
I Aug 18
Jun 29
Jul 29
Aug 07
I Sep 01 I
Jul 06
Aug 05
I Aug 07
I Sep 01
Jul 20
Aug 19
Aug 28
Sep 22 I
Aug 03
Sep 02
Sep 11
I Oct 06 I
Aug 17
Sep 16
I Sep 25
I Oct 20
Aug 31
Sep 30
Oct 16
I Nov 10 I
Sep 08
Oct 07
Oct 16
I Nov 10
Sep 21
Oct 21
Oct 30
I Nov 24 I
Oct 05
Nov 04
Nov 06
I Dec 01 I
Oct 19
Nov 18
Nov 13
I Dec 08
Nov 02
Dec 02
Dec 18
I Jan 12 2021 I
Nov 16
Dec 16
Dec 18
I Jan 12 2021
Dec 21
Jan 20 2021
Jan 29 2021
Feb 23 2021 I
Jan 04 2021
I Feb 03 2021
Feb 05 2021
Mar 02 2021
Bold italics = submittal/meeting day is different due to a holiday. I
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# By:
Resubmittal of information for
k»
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
/azd4. 04/20/2020
Signature of Owner, Contract Pur&aser Date
Reid A. Murphy 434 825-1560
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