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HomeMy WebLinkAboutSP202000015 Review Comments Special Use Permit 2020-09-04COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 September 4, 2020 Ms. Valerie Long Williams Mullen 321 E. Main St., Suite 400 Charlottesville, VA 22902 vlong@williamsmullen.com / 434-951-5709 RE: SP202000015 Animal Wellness Center Dear Ms. Long: Fax (434) 972-4176 Staff has reviewed your initial submittal for the special use permit, SP202000015, Animal Wellness Center amendment. We have a number of questions and comments which we believe should be addressed before we can recommend favorably on your SP request. We would be glad to meet with you to discuss these issues. Review comments are provided below, organized by Department, Division, or agency. Comments from the Planning Division are provided first: Planning— General Application Comments 1. Include the application file number that was given to this application, SP2020-00015, on the concept plan and in the project narrative. 2. Clarify the discrepancy in acreage of the parcel: the narrative states that it is 3.4 acres, while the concept plans identifies the acreage as 3.45. 3. Provide on sheet of the concept plan that this property lies within a state dam break inundation zone. 4. On sheets 5 and 6, there is a label identifying the 0' side setbacks; however, this line does not match up with the property line that is depicted. Clarify this discrepancy. 5. Clarify the request for proposed front setbacks. The narrative seems to suggest that a modification of the front setback is being requested to allow for something greater than 20'. However, the concept plan demonstrates that a structure can be placed within the maximum 20' setback (permitted through administrative waiver) without interfering with any easements, including the proposed right-of-way dedication. The maximum front setback cannot be any greater than 20'. Planning staff has no objection to permitting a 20' maximum front setback for this property as shown on the concept plan. 6. Include in the narrative section on public facility and infrastructure impacts if there is any expected impacts on the fire and police departments. 7. In the narrative, revise the setback modification requests. (See the Zoning comment memo — which is attached — from Rebecca Ragsdale for more information.) 8. What is the proposed height of the new building? The DCD requires the minimum height of a building to be 30 feet, or two stories. A special use permit is required for any building proposed to be only one story. 9. Identify on the concept plan the proposed location of the pedestrian access from the front of the parcel to the side or rear of the front building, and back toward the rear building, in accordance with 18-20B.3(D). 10. Provide an estimated number of proposed parking spaces on this parcel. Also, identify the proposed locations for the required bicycle parking. (See 18-2013.4(13)(3).) 11. In accordance with 18-20B.4(D) and (E), landscaping and screening of the parking areas will be required. It is unlikely that this landscaping can be within easements. The concept plan as currently shown does not appear to provide enough space between the easements and the proposed parking area for this required screening and landscaping. Revise the concept plan to provide this screening and landscaping area. 12. In addition, the parcel to the south is zoned residential, R-2. Screening will be required in accordance with 18- 20B.5(A). Provide more information on how this requirement for screening will be achieved. 13. Include in the project narrative a statement on how the proposed special use will address or achieve each of the four factors that are outlined in 18-20B.8. 14. Advisory Comment: A frill list of proposed conditions for this special use permit will be provided prior to the Planning Commission public hearing. At a minimum, the conditions from the existing special use permit SP2008- 00009 will be retained (with modifications to reference the proposed new concept). 15. Advisory Comment: A veterinary use will be subject to the supplemental regulations found in 18-5.1.11 of the Zoning Ordinance. 16. Advisory Comment: Site plans and VSMP plans will be required at the site development stage if this special use permit is approved by the Board. (See also 18-20B.7.) 17. Advisory Comment: Also, at the site plan stage, an extension of the sidewalk will be required so that a sidewalk is provided along the entire frontage of this parcel. 18. Advisory Comment: A community meeting with nearby residents and property owners is required prior to a public hearing. Such a community meeting is currently scheduled for September 9, 2020. Additional comments may be provided based on the discussion and feedback from that meeting. 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 Crozet Master Plan identifies Tax Map Parcel (TMP) 056A2-01-00-00700 as Downtown and Greenspace. "Downtown is intended to be a commercial core and to provide many opportunities for employment." This special use request for expanding an existing business in downtown Crozet would further this goal of Downtown as a commercial core and employment center. The area designated for Greenspace is in the rear portion of the property, along Powells Creek and incorporating the associated WPO streat buffer and flood hazard overlay district. The proposal for this special use permit does not appear to propose any construction in this area, thus preserving the existing green areas and vegetation that occur at the back of the parcel and maintaining the master plan's goal for preserving important environmental features. The front and middle portions of the parcel are designated as Downtown, which is planned as a mixed -use area supporting a variety of uses. The proposal for a veterinary clinic conforms with the designation for commercial and employment uses in this area and also does not preclude other types of commercial/office uses if desired in the future. This proposal also supports the goal of redevelopment and infill in the Downtown area by expanding an existing building and constructing a second building on the same lot, closer to the street. It is unclear, however, whether this proposal supports the master plan's recommendation that all new buildings be at least two stories tall. A major greenway or trail is designated in the Parks and Green System plan for the rear portion of this property, along Powells Creek. The proposed use does not preclude this greenway from potentially happening in the future, allowing for conformance with the parks and green systems chapter of the master plan. Neighborhood Model Projects located within the Development Areas are typically reviewed for consistency with each of the Neighborhood Model Principles found in the Comprehensive Plan. Comments are provided (see attached document Consistency with Neighborhood Model) on relevant aspects of the Neighborhood Model principles. Comments from Other Reviewing Divisions. Departments. and Agencies Planning - Transportation The following comments regarding this proposal have been provided by the County's Senior Transportation Planner, Daniel Butch, dbutch nnalbemarle.org: Provide on plan where existing sidewalk is on property along Crozet Avenue. Zoning Division, Community Development Department Please see the attached comment memo from Zoning Principal Planner, Rebecca Ragsdale, rraQsdale@albemarle.org. No objections at this time; County Engineer, Frank Pohl, fpohlkalbemarle.org. E911, Community Development Department No objections at this time; E911 plans reviewer, Brian Becker, bbeckerkalbemarle.org. Albemarle County Architectural Review Board (ARB) The following comments regarding this proposal have been provided by Margaret Maliszewski, staff planner for the ARB, mmaliszewski&albemarle.org: This application is not being scheduled for ARB review. ARB staff comments follow: 1. The ARB narrative states that the proposed building is consistent with the scale of the vernacular architecture in Crozet. However, the conceptual building footprint shown on sheet 5 appears to be considerably larger than the average vernacular building in Crozet. Please clarify the statement. 2. The potential parking area appears extensive. Does the plan illustrate the number of parking spaces that would be required for buildings of the sizes shown, or does it exceed that number? Parking relegated behind a building is most appropriate. Shift the parking that is proposed along the driveway to locations south of the existing parking area and existing building. 3. Expanded parking is shown adjacent to the drainage easement on the south side of the property, eliminating planting area. With the illustrated layout, the drainage easement also appears to limit planting area on the east side of the property. There are power lines and, presumably, an associated easement, along the east side of the property that could also limit planting area. Revise the concept plan to show all utilities and easements, and to show that planting area will be available to meet all landscape requirements. 4. Is it anticipated that the parking lots will be illuminated? 5. The ARB narrative references landscaping shown along the front and sides of the property. No landscaping is shown on the plans that were submitted. Is a drawing missing? 6. The ARB narrative states that "thoughtful landscaping will help achieve a visual transition" between the DCD and open space to the south. Please explain more about this "thoughtful landscaping". Building Inspections Division, Community Development Department The following comments regarding this proposal have been provided by the Building Inspections plans reviewer, Michael Dellinger, mdellinger@albemarle.org: Any comments will be at site plan and builidng review, no objection. Albemarle County Fire -Rescue No objections at this time; Fire & Rescue plans reviewer, Shawn Maddox, smaddox&albemarle.org. Albemarle County Parks and Recreation The following comments regarding this proposal have been provided by the Chief of Parks Planning, Tim Padalino, tadalino analbemarle.om: Albemarle County Parks & Recreation has No Objection to SP202000015 ACPR Recommendations Please note: this recommendation is not intended to be the basis for an unfavorable factor in the staff report, and is not intended to be the basis for a recommended condition of approval of SP202000015. Rather, this (below) is a more general recommendation regarding the development and use of this subject property, in direct relation to the formally -adopted community vision and goals contained in the adopted Crozet Master Plan and (particularly) the Parks & Green Systems Plan. ACPR planners have reviewed this proposal and this subject property, and have concluded that the most appropriate use of the lower/rear portion of the subject property -- which includes a Flood Hazard Overlay area (100-year floodplain) as well as a Water Protection Ordinance buffer area (stream buffer) -- is as a greenway. This conclusion is consistent with the adopted community vision and formal recommendations in the Crozet Master Plan's "Parks & Green Systems Plan," which recommends and depicts a "major greenway" along Powells Creek in the rear portion of this subject property. Therefore, ACPR recommends that a portion of the subject property be dedicated to the County either through a deed of greenway easement or through a fee simple dedication. Either such greenway dedication would help to implement the Crozet Master Plan; and would help to protect the riparian area and water quality of Powells Creek in an area that is directly upstream from the County -owned regional stormwater management facility. ACPR staff, including the Chief of Parks Planning and the Greenways Supervisor, remain available to discuss this greenway recommendation for TMP #056A2-01-00-00700 (in particular) as well as the Crozet Parks & Green Systems Plan and/or the County Greenways program (in general). Albemarle County Service Authority The following comments regarding this proposal have been provided by the ACSA plans reviewer, Richard Nelson, melsongserviceauthority.org: Developer should confirm if there are changes to the number of fixtures if the SP is approved. Existing building is currently served by public water and sewer. Virginia Department of Transportation Please see the attached comment memo provided by Adam Moore at VDOT, adam.moore@vdot.virginia.gov. Rivanna Water and Sewer Authority The following comments regarding this proposal have been provided by RWSA plans reviewer Dyon Vega, dvega@rivanna.org: 1. Capacity issues for sewer that may affect this proposal None Known 2. Requires Rivanna Water and Sewer Authority Capacity Certification X- Yes No 3. Water flow or pressure issues that may affect this proposal None Known 4. "Red Flags" regarding service provision (Use attachments if necessary) None Known Next Steps Action after Receipt of Comments After you have read this letter, please take one of the actions identified on "Action After Receipt of Comment Letter" which is attached. Resubmittal If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal. The resubmittal date schedule is provided for your convenience online at: httDs://www.albemarle.orgJhome/showdocument?id=358 Notification and Advertisement Fees Prior to scheduling a public hearing with the Planning Commission, payment of the following fees is needed: None. All fees have been paid at this time. Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. Please feel free to contact me if you wish to meet or need additional information. My email address is areitelbachgalbemarle.org, and my phone number is 434-296-5832 ext. 3261. Sincerely, Andy Reitelbach Senior Planner Planning Division, Department of Community Development enc: Consistency with Neighborhood Model Memorandum from Zoning Division, Community Development Department Memorandum from the Virginia Department of Transportation SP2020-00015 Action After Receipt of Comments Special Use Permit Resubmittal Form Attachment — SP2020-00015 Animal Wellness Center Staff Analysis of Application's Consistency with Neighborhood Model Principles Pedestrian More information is needed for this principle. The existing sidewalk along Orientation Crozet Avenue is not depicted in the concept plan. In addition, potential connections from the front of the parcel to the proposed front building and then back toward the existing rear building are not depicted. Mixture of Uses This proposal is for only one use, a veterinary clinic and accessory uses, that requires a special use permit. However, this use would not prevent other uses from potentially being located on the parcel in the future. Neighborhood This property is not located within a neighborhood center; however, the Centers Downtown area can be considered a center for the entire Crozet community, and this use contributes to the mix of commercial uses and employment centers recommended for the Downtown area. Mixture of Housing This principle does not apply to this proposal. Types and Affordability Interconnected This principle does not really apply to this proposal, as it fronts on Crozet Streets and Avenue, and there are no other nearby streets to connect to. Transportation Networks Multi -modal This principle could be strengthened. The concept plan only shows parking Transportation areas and travelways for automobiles. The sidewalk along Crozet Avenue is Opportunities not currently depicted. Also, potential areas for the bicycle parking required by the Zoning Ordinance for the DCD is not identified on the concept plan. Parks, Recreational This principle is met. The Greenspace-designated area in the rear portion of Amenities, and Open the parcel is not proposed for development, preserving the environmental Space features located there. In addition, since no development is proposed in that area, the greenway as proposed in the master plan for the rear of the property could still potentially happen in the future. Buildings and Space 'This principle could use more information. It is unclear exactly how large the of Human Scale proposed new building at the front of the site would be. Relegated Parking This principle is mostly met. However, some of the parking near the front of the property does not appear to provide for the necessary area required for landscaping and screening. In addition, the parking setbacks are unclear. Redevelopment This principle is met. An existing building is proposed to be expanded. A new building is also proposed for the property, supporting infill development and a greater streetscape along Crozet Avenue. Respecting Terrain This principle is met. There are no steep slopes on this property, and all and Careful Grading proposed new development remains outside of the floodplain and the stream and Re -grading of buffer. Terrain Clear Boundaries with This principle does not apply. This property is not adjacent to the Rural Areas. the Rural Area County of Albemarle Department of Community Development Memorandum TO: Andy Reitelbach, Senior Planner FROM: Rebecca Ragsdale, Principal Planner DIVISION: Zoning DATE: 8128/20 RE: SP202000015 Animal Wellness Center Amendment Comments from the Zoning Division are below and are based on the submittal and concept plan dated July 20, 2020. Concept Plan - Add to the Concept Plan any outdoor activity areas for animals. 1 recommend consolidating Sheets 5 and 6. Add parking setbacks to the plan sheets. • Update side setback lines shown to reflect proposed waiver. Sheet 2- Add DCD area and bulk regulations to this sheet (Section 20B.3(A). The new building will be subject to Primary Building setbacks. Sheet 4-Remove notes from this sheet. Label use of existing structures on the property. Confirm that all easements that affect this property are shown, including utility easements, etc. Sheet 5- Remove note 2. Parking must meet parking setbacks in the DCD. Sheet 6- Remove the second note. Primary Building setbacks (see definition below) will apply to the new building and this note is referring to a setback that applies to a Secondary Building. Terms defined. The term 'primary building" means the buildings or structures on a lot that comply with the minimum and maximum front yard setback requirements for a primary building as provided in subsection 20B.3(A). The term "secondary building" means any building or structure that is not a primary building on a lot containing at least one primary building. Waivers- Zoning has no objection to granting the following waivers to the area and bulk regulations found in Section 20B.3(A): • Increase front maximum setback from 10' to 20' • Increase to side setback. The maximum side setback approved by the director/agent must be established on the concept plan. Compliance with 5.1.11- Zoning has no objection to the proposed special exception to Section 5.1.11(b) to reduce the 200 foot setback from residential lot lines. Typically, a condition of such special exceptions has been: 1. Aim to the issuance of a building permit, the applicant shall submit information to the satisfaction of the County Engm= and the Zoning Administrator (or dw designees) that demonstrate the sound attenuation qualities ofthe conshichon materials used in the tennovatm ofthe cleric can rcaso nably mod the fifty-fivc (55) decibel sound limit in County Code § 18- 5.1.1 l(b). Regarding 5.1.11(d), will the vet be the sole use of the site or will the proposed building include office use for other tenants? Will there be any outdoor exercise areas? Sec. 5.1.11 - Commercial kennel, veterinary service, office or hospital, animal hospital, animal shelter. Each commercial kennel, veterinary service, office or hospital, animal hospital and animal shelter shall be subject to the following: a) Except where animals are confined in soundproofed, air-conditioned buildings, no structure or area occupied by animals shall be closer than 500 feet to any agricultural or residential lot line. For non - soundproofed animal confinements, an external solid fence not less than six feet in height shall be located within 50 feet of the animal confinement and shall be composed of concrete block, brick, or other material approved by the zoning administrator; b) For soundproofed confinements, no such structure shall be located closer than 200 feet to any agricultural or residential lot line. For soundproofed and non -soundproofed confinements, sound measured at the nearest agricultural or residential property line shall not exceed 55 decibels; c) In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m. d) In areas where such uses may be in proximity to other uses involving intensive activity such as shopping centers or other urban density locations, special attention is required to protect the public health and welfare. To these ends the commission and board may require among other things: Separate building entrance and exit to avoid animal conflicts; Area for outside exercise to be exclusive from access by the public by fencing or other means. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION Stephen C. Brich, P.E. 1401 East Broad Street Commissioner Richmond, Virginia 23219 August 25, 2020 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Andy Reitelbach Re: Animal Wellness Center-1407 Crozet Avenue SP-2020-00015 Review # 1 Dear Mr. Reitelbach: (804) 7862701 Fax: (804) 7862940 The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the above referenced plan as submitted by Shimp Engineering, P.C., dated 20 July 2020, and find it to be generally acceptable: Please note; when additional site plan is submitted the following comments must be in compliance. Land use 1. Proposed right of way will need to be dedicated to the Commonwealth of Virginia, Route 240 is a primary road. 2. Please note that the proposed entrance 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. 3. Please provide right and left turn lane analyses. A VDOT Land Use Permit will be required prior to any work within the right-of-way. The owner/developer must contact the VDOT Charlottesville Residency Land Use Section at (434) 422-9399 for information pertaining to this process. If you have Rather questions, please contact Willis C. Bedsaul at 434-422-9866. Sincerely, Adam J. Moore, P.E. Area Land Use Engineer VDOT - Charlottesville Residency VirginiaDOT.org WE KEEP VIRGINIA MOVING DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER RECEIPT OF COMMENT LETTER FIRST SET OF COMMENTS Your project has been scheduled for a public hearing by the Planning Commission for October 20, 2020, which is 76 days from the date your application was accepted for review. State Code requires a 90-day review by the Planning Commission unless the applicant requests deferral. As you will read in this comment letter, staff recommends changes to your project to help you achieve approval. Without these changes, staff cannot recommend approval to the Planning Commission. If you would like to address the comments, you must request deferral by September 25, 2020. If you choose not to request deferral, staff will take your project to the Commission as originally submitted, but without a recommendation of approval. Instructions for requesting a deferral are outlined below. Please note that you can submit revisions even if you defer your application. Please do one of the following on or before September 25, 2020: (1) Request deferral to resubmit to address comments, pursuant to Section 33.52(A)(1). Please understand that if a deferral request is made, the Planning Commission public hearing date will be later than October 20, 2020. (2) Request to proceed to a Planning Commission public hearing on October 20, 2020. All advertising fees must be paid by September 25, 2020. (3) Withdraw your application. (1) Deferral Request and Resubmittal To request deferral, you must submit a request in writing to defer action by the Planning Commission and Board of Supervisors. The request may be made by email. You may request a deferral for up to 36 months from the date your application was accepted for review, which is December 3, 2022. However, all outstanding information necessary for Commission action must be submitted by June 3, 2022, according to the published schedule. (See Section 18-33.52 (A)(2) of the Albemarle County Code). Revised 10-9-18 MCN (2) Proceed to Planning Commission Public Hearing on February 18, 2020 At this time, you may request that your application proceed to public hearing with the Planning Commission on October 20, 2020. With this option, staff will take your project to the Commission as originally submitted, but without a recommendation of approval. (3) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. Resubmittals As stated above, a deferral does not preclude you from resubmitting the application to address changes based upon the comments. If you would like to resubmit after you defer, you may do so following the resubmittal schedule. Be sure to include the resubmittal form on the last page of your comment letter with your submittal. The application fee which you paid covers staff review of the initial submittal and one resubmittal. Each subsequent resubmittal requires an additional fee. (See attached Fee Schedule.) Failure to Respond An application shall be deemed to be voluntarily withdrawn if the applicant requests deferral pursuant to subsection 33.52(A), and fails to provide within 120 days before the end of the deferral period all of the information required to allow the Board to act on the application. (See Section 18-33.53 (C) of the Albemarle County Code). Fee Payment Fees paid in cash or by check must be paid at the Community Development Intake Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator. Fees may also be paid by credit card using the secure online payment system, accessed at http://www.albemarle.org/department.asp?department=cdd&relpage=21685. Revised 10-9-18 MCN FOR OFFICE USE ONLY SP # Fee Amount $ Date Paid By who? Receipt # Ck# By: Resubmittal of information for 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 WUEN TIDE RESUBMISSION IS MADE TO INTAKE STAFF) Free ❑ Each additional resubmission (TO BE PAID WI6N THE RESUBMISSION IS MADE TO INTAKE STAFF) $538 For original Special Use Permit fee of $2,000 ❑ FirSY resubmisslon (TO BE PAID WI6N TIDE RESUBMISSION IS MADE TO INTAKE STAFF) Free ❑ Each additional resubmission (TO BE PAID WI6N TIDE 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