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HomeMy WebLinkAboutCCP201700002 Review Comments Appeal to BOS 2023-01-10 (2)COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4176 March 16, 2018 Ellie Ray Milestone Partners 300 2"d Street NE Charlottesville, VA 22902 eras@milestonepartners.co RE: ZMA201700008 and SP201700022 CASPCA Expansion and Amendment Submittal dated December 18, 2017 Dear Mrs. Ray: Thank you for your resubmittal of Dec. 18, 2017. 1 apologize for the long lag time in providing you written comments. I know that J.T. Newberry has had several phone conversations and emails since that time to clarify items on the plan and discuss remaining issues. I also know that you have paid for the public hearing fees and would like to go to the Planning Commission for an April 24, 2018 public hearing. The comments below cover the items that I view as outstanding and for which it would preferable to find resolution before going to the Planning Commission meeting. Neighborhood Model — Relegated Parking The staff report for the Preapplication Worksession discussed some of the applicable principles of the Neighborhood Model, and one of the specific questions discussed with the Planning Commission focused on relegated parking. The Planning Commission was not supportive of redesigning the site to relegate the proposed parking area at the front of the site, but did agree that screening and buffering would be important. Objective 6 in Chapter 8 of the Comprehensive Plan further discusses the importance of screening and buffering this type of area. To this end, staff notes the retaining walls shown for the parking area are considered to have a "negative visual impact" as described under Section 32.7.9.7. We request additional information about how the remaining undisturbed area between the parking area and Berkmar Drive can be sufficiently utilized to mitigate this impact. Comment: First, thank you for indicating your willingness to provide a bus stop improvement. Is this something you will proffer? Secondly, thank you for providing additional information about landscaping of the parking area. The plan now shows a retaining wall, a strip of land identified as, 'Approx. Location of Prop. Tree Conservation Area," a proposed bus stop improvement and a note indicating 'frontage landscaping to be improved with additional plantings area of land between the proposed parking lot and Berkmar Drive. As you know this area was shown as a "tree conservation area" on the Special Use Permit (SP) plan approved in 2007. The Planning Commission indicated in its preapplication work session that disturbance of this area could be considered with your SP application. The additional information is helpful in knowing what is proposed for that area. However, if the plan is recommended for approval by the Planning Commission, the word, "Approx." will need to be removed when referencing the tree conservation areas. Otherwise, your level of commitment to preserving trees is unknown. Also, It appears that the vegetation near the proposed retaining wall and for a distance of about 100' will be disturbed during construction of the parking lot and retaining wall. Staff can support the replanting of vegetation in this area to screen the parking lot; however, the plan needs to realistically represent the locations where trees will be retained. There are several areas where staff believes there is no way to retain vegetation, put in a retaining wall, and grade for the parking lot. Neighborhood Model — Respecting Terrain and Careful Grading and Regrading of Terrain The preliminary grading shown on Sheet C2.1 notes that 2:1 slopes will be created. The Comprehensive Plan recommends grades at a maximum of 3:1 or 4:1 slope and against establishing slopes that would qualify as either "managed" or "preserved" slopes. Appendix 8 in the Comprehensive Plan contains additional design guidance for slopes to be more consistent with this principle. Please revise the plan as necessary to incorporate this guidance or provide additional information about why 2:1 slopes are unavoidable. Comment: Thank you for providing additional information on and showing expected grading for the area between the parking lot on the south side of the site. The revised plan shows mostly 3:1 slopes and your letter provides information on use of 2:1 slopes. There are three areas of slopes proposed for grading at 2:1 that are still shown on the plan. While the County does allow for vegetation other than grass to be used for stabilizing 2:1 slopes, we continue to have concerns with these slopes and recommend that grading at 2:1 be further minimized. Use of terraced retaining walls my be preferable. Stabilizing 2:1 slopes with vegetation requires a strong commitment to maintenance. Staff continues to recommend that 2:1 slopes not be used. Special Exception Requests 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 five hundred (500) feet to any agricultural or residential lot line. For non -soundproofed animal confinements, an external solid fence not less than six (6) feet in height shall be located within fifty (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 two hundred (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 fifty-five (55) decibels; Comment: Regarding your request to receive a special exception to allow non -soundproofed structures for animals closer than 500' to the residential property line and that the enclosures be sib surrounded by an external solid fence, staff can only support this request for the existing animal �tp� enclosures. Since the adjoining properties are both zoned for and recommended for residential use �t 4 on the PL29 Master Plan, staff does not believe that more enclosures with the potential for outdoor noise should be approved as close to the adjoining property lines as the existing ones. !f you can show where additional non -soundproofed enclosures are anticipated adjacent to residential property lines, we can review your request further.., i, , , r ,, �,,,, . t 4„w. Regarding your request to locate soundproofed confinements closer than 200' to a residential lot line, staff can support this request but can only support an increase in sound over 55 decibels for ,the existing approved outdoor enclosures. Proffers and SP Conditions J UVU Comment: Staff continues to believe that restrictions are needed on the uses allowed on TMP 45- 88 and does not support an unfettered rezoning on the parcel. Please see the attachment which identifies uses that may not be appropriate on TMP 45-88. With restrictions on TMP 45-88, staff believes the following conditions are appropriate for the special use permit: 1. Development and use shall be in general accord with the conceptual plan titled "Charlottesville Albemarle SPCA Site Plan" and "Charlottesville Albemarle SPCA Grading and Drainage," prepared by Timmons Groups and dated Devember 18, 2017, last updated xx, (hereafter "Conceptual Plan"), as determined by the Director of Planning and the Zoning Administrator. To be in accord with the Conceptual Plan, development and use shall reflect the following major elements within the development essential to the design of the development, as shown on the Conceptual Plan: • limits of disturbance • location of buildings and structures • location of parking areas • no parking lots, driveways, or permanent structures allowed within 30 feet of the property lines adjoining parcels zoned residentially • preservation of areas shown for tree conservation and in which no structures are proposed Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. Fundraising activities and other special events shall not occur unless a zoning clearance has been issued by the Department of Community Development; 3. 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; 4. Support facilities located on TMP 45-88 must be shown on an approved site plan and fenced to the satisfaction of the Zoning Administrator; 5. [Tree Conservation Plan/screening placeholder] JT? un g"; SA, !° F J 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. Feel free to contact me if you wish to meet or need additional information. My email address is eechols@albemarle.org. Sincerely, Elaine K. Echols, FAICP Chief of Long Range Planning CC: U Lopez, Ilopez@milestonepartners.co Enc: Action After Receipt of Comments Resubmittal Schedule Resubmittal Form DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER AFTER RECEIPT OF COMMENT LETTER Within 30 days of the date of this letter, please do one of the following: (1) Resubmit in response to review comments (2) Request indefinite deferral (3) Request that your Planning Commission public hearing date be set (4) Withdraw your application (1) Resubmittal in Response to Review Comments If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a resubmittal date as published in the project review schedule. The full resubmittal schedule may be found at www.albemarle.org in the "forms" section at the Community Development page. 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.) (2) Request Indefinite Deferral If you plan to resubmit after 30 days from the date of the comment letter, you need to request an indefinite deferral. Please provide a written request and state your justification for requesting the deferral. (Indefinite deferral means that you intend to resubmit/request a public hearing be set with the Planning Commission after the 30 day period.) (3) Request Planning Commission Public Hearing Date be Set At this time, you may schedule a public hearing with the Planning Commission. However, we do not advise that you go directly to public hearing if staff has identified issues in need of resolution that can be addressed with a resubmittal. After outstanding issues have been resolved and/or when you are ready to request a public hearing, staff will set your public hearing date for the Planning Commission in accordance with the Planning Commission's published schedule and as mutually agreed by you and the County. The staff report and recommendation will be based on the latest information provided by you with your initial submittal or resubmittal. Please remember that all resubmittals must be made on or before a resubmittal date. By no later than twenty-one (21) days before the Planning Commission's public hearing, a newspaper advertisement fee and an adjoining owner notification fee must be paid. (See attached Fee Schedule.) Your comment letter will contain the actual fees you need to pay. Payment for an additional newspaper advertisement is also required twenty-two (22) days prior to the Board of Supervisors public hearing. Please be advised that, once a public hearing has been advertised, only one deferral prior to the Planning Commission's public hearing will be allowed during the life of the application. The only exception to this rule will be extraordinary circumstances, such as a major change in the project proposal by the applicant or more issues identified by staff that have not previously been brought to the applicant's attention. As always, an applicant may request deferral at the Planning Commission meeting. (4) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. Failure to Respond If we have not received a response from you within 30 days, we will contact you again. At that time, you will be given 10 days to do one of the following: a) request withdrawal of your application, b) request deferral of your application to a specific Planning Commission date as mutually agreed to with staff, or c) request indefinite deferral and state your justification for requesting the deferral. If none of these choices is made within 10 days, staff will schedule your application for a public hearing based on the information provided with your original submittal or the latest submittal staff received on a resubmittal date. 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 abemarle org/department asp?department=cdd&relpage=21685.