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HomeMy WebLinkAboutZMA200800007 Review Comments Zoning Text Amendment 2009-06-17County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Amelia McCulley, Zoning Administrator Division: Zoning Date: June 17, 2009 Subject: ZMA 08-07 and SP 08-67 ATNA Building Since this use can begin without construction of a building, we may want to clarify that these conditions are required to be met for issuance of a zoning clearance for this use to begin. I have reviewed this special use permit and have the follow comments: Maximum sound levels — The County Engineer will provide comments on the sound study that has been submitted. A minor note is that the ordinance requires the measurement to be taken at the property line, not 15 feet inside the property. Conditions of approval to address sound generation can include: a) prohibiting opening any windows adjacent to the residentially -zoned property (this could include sealing those windows); b) prohibiting any commercial boarding or grooming in this building; and c) potentially limiting the approval to an emergency vet. This last item © would come into play if the maximum sound levels can not be met; The fencing that is proposed adjacent to the residential property should be constructed of wood or other sound -absorbing material. 2. Buffer adjacent to residential zoning We should establish the specific proposal for the buffer (fence and which landscaping). This should become a condition of approval. 3. Miscellaneous comments: a. Please have the applicant explain what a "lowland" fence is; b. Another relevant condition may be to limit the outdoor dog walk area to the area and location shown on the plan; c. Another condition of approval should be the connection to public sewer; d. Another condition of approval should be the requirement of a animal solid waste disposal plan. This is not typical for this use; however, the close proximity of the residential property warrants it. ALBEMARLE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT Project Name: ZMA 200800007 ATNA Building SP Staff: Claudette Grant 200800067 Veterinary use Planning Commission Public Hearing: Board of Supervisors Public Hearing: October 20, 2009 To be determined Owners: ATNA Corporation, LLC Applicant: ATNA Corporation, LLC with Sara Salmon as the contact Acreage: approx. 0.7866 acres Rezone from: CO, Commercial Office to C1, Commercial Special Use Permit for: Veterinary Hospital by special use permit in C-1 Commercial district TMP: 32-48; Lot A By -right use: Retail sales and service uses; and residential use by special use permit (15 units/acre) in C-1, Commercial District. Section 22.2.2(5) Veterinary office and hospital of the Zoning Ordinance which allows a veterinary hospital Magisterial District: Rio Proffers: Yes Proposal: Rezone 0.7866 acres from CO zoning Requested # of Dwelling Units: None district to C1 zoning district. The existing building on site will house an animal emergency care clinic. This proposal also includes one concurrent special use permit, SP 2008-067, a request to allow a veterinary hospital on the property. DA (Development Area): The Community of Hollymead Comp. Plan Designation: Neighborhood Density Character of Property: Located at 1540 Airport Use of Surrounding Properties: The Deerwood subdivision is Road/Southeast corner of the intersection of Dickerson located south and to the rear of the subject property and is Rd. and Airport Rd., the property is developed with an primarily comprised of single family residential units. The existing building and parking area. Charlottesville -Albemarle airport is located northwest of the property. There are also some vacant parcels surrounding the property. Factors Favorable: Factors Unfavorable: 1. The rezoning and special use permit are 1. The proffers need to be technically accurate. consistent with the Land Use Plan. 2. Pedestrian access is not complete to this facility. 2. The rezoning and special use permit will However the applicant agrees to provide a proffer that provide the veterinary hospital use an will address the pedestrian access. opportunity to expand and relocate to a central location convenient for clients. 3. The veterinary hospital will provide a 24 hours/day service instead of the current hours, which are only after business hours. RECOMMENDATION: Staff recommends approval of this rezoning, waivers, and special use permit with conditions, provided the proffers are revised and technically and legally acceptable prior to the Board public hearing. ZMA 08-07; -), . o-- r„ Building Planning Commission 10/20/09 STAFF PERSON: CLAUDETTE GRANT PLANNING COMMISSION: OCTOBER 20, 2009 BOARD OF SUPERVISORS: ZMA 08-07 ATNA Building SP 08-67 Special Use Permit -Veterinary Services Clinic PETITIONS PROJECT: ZMA200800007/ATNA Building PROPOSAL: Rezone 0.7866 acres from CO zoning district which allows offices, supporting commercial and service uses; and residential use by special use permit (15 units/ acre) to C1 zoning district which allows retail sales and service uses; and residential use by special use permit (15 units/ acre). Existing building on site will house an animal emergency care clinic. This proposal also includes one concurrent special use permit SP 08-067, a request to allow a veterinary services clinic on the property. PROFFERS: Yes EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Neighborhood Density Residential - residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non-residential uses. ENTRANCE CORRIDOR: Yes LOCATION: 1540 Airport Road/Southeast corner of the intersection of Dickerson Rd. and Airport Rd. in the Community of Hollymead TAX MAP/PARCEL: 32/48 Lot A MAGISTERIAL DISTRICT: Rio PROJECT: SP200800067/ATNA Building PROPOSED: Request a special use permit to operate a veterinary services clinic in the existing building on the site. This proposal also includes a concurrent rezoning request (ZMA 2008-007) to rezone 0.7866 acres from CO zoning district to C1 zoning district. ZONING CATEGORY/GENERAL USAGE: CO Commercial Office - offices, supporting commercial and service uses; and residential use by special use permit (15 units/ acre) SECTION: 22.2.2(5) Veterinary office and hospital and 5.1.11 Commercial Kennel, Veterinary Service, Office or Hospital, Animal Hospital, Animal Shelter COMPREHENSIVE PLAN LAND USE/DENSITY: Neighborhood Density Residential - residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non-residential uses. ENTRANCE CORRIDOR: Yes LOCATION: 1540 Airport Road/Southeast corner of the intersection of Dickerson Rd. and Airport Rd. in the Community of Hollymead TAX MAP/PARCEL: 32/48 Lot A MAGISTERIAL DISTRICT: Rio CHARACTER OF THE AREA The site is approximately 0.7866 acres in size and is zoned CO Commercial Office. It is located in the Development Area. There is an existing building with parking areas on the parcel. The site is located west of Route 29, and across from the Charlottesville - Albemarle airport. The Deerwood subdivision is located to the south of the property. (See Attachments A and B) ZMA 08-07; SP 08-67 ATNA Building Planning Commission 10/20/09 SPECIFICS OF PROPOSAL The applicant is requesting to rezone property located at 1540 Airport Road from CO zoning district to C-1 zoning district. This request includes proffers that would limit the use to CO uses and a few C-1 uses that are less intensive and appropriate for this location, including a veterinary hospital. A special use permit is also being requested because the applicant is proposing to relocate and expand the V.E.T.S. Animal Emergency Care Clinic, which has been located at 370 Greenbrier Dr. to this location. The existing building at this new location will house the animal clinic. The applicant has indicated that this location is centrally located for her existing clients, as well as potential new clients, and that V.E.T.S. is currently the only after—hours animal emergency care facility in Albemarle County. (See Attachment C) The special use permit utilizing the existing building will allow the applicant to relocate and expand her growing business into a larger space. This is proposed to be a 24-hour emergency animal critical care and referral facility. The applicant has temporarily relocated this facility to another location until the rezoning and special use permit have been processed. APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant has indicated that the relocation and expansion of this animal emergency care practice will allow her to continue providing after-hours emergency care for more patients, along with specialty care for small pets that is not currently available locally and sometimes requires owners to travel elsewhere to be evaluated and treated appropriately. The now central location will provide a readily accessible location for existing and new clients. PLANNING AND ZONING HISTORY SP2008-20 was a special use permit request to allow stand alone parking. The request was approved on October 8, 2008. SDP1989-29 Airport Office Center was a request for approval of a final site plan to construct two (2) office buildings and associated parking on approximately 1.54 acres. This request was approved. ZMA 1984-10 was a request to rezone from RA -Rural Areas to CO -Commercial Office. This request was approved. ZMA 1983-22 was a request to rezone from RA- Rural Areas to C-1 Commercial. This request was denied. COMPREHENSIVE PLAN: The Comprehensive Plan shows this area as Neighborhood Density in the Hollymead Community. The purpose/intent of the Neighborhood Density designation is to provide for a gross residential density of three (3) to six (6) dwelling units per acre, a range of dwelling unit types, and neighborhood -scale non-residential uses. The proposed Places 29 Master Plan designates this area as Office/Research & Development (R & D)/Flex/Light Industrial. This designation allows a range of employment generating uses and is applied to the majority of the nonretail employment areas within the Places 29 area to create Employment Neighborhoods. These uses are expected to have the fewest impacts on surrounding uses (e.g., noise, vibrations, odors). "Office" includes the typical commercial office buildings that may house a variety of users. The existing commercial building is a typical office building, in keeping with ZMA 08-07; SP 08-67 ATNA Building 3 Planning Commission 10/20/09 neighborhood scale structures and other similar neighborhood scale uses in this portion of Airport Road. The following Neighborhood Model principle is relevant to this request: Mixture of Uses — This existing commercial parcel is one of a mix of uses in this part of the County. There are several retail, commercial and light industrial uses located nearby along Airport Road, as well as the residential neighborhoods of Deerwood and Abington Place on adjacent parcels. The following Neighborhood Model principles are not met: Relegated Parking — Existing parking is not quite relegated. One of the parking areas is located near the front of the parcel and to the side of the building. The rest of the parking on site is either located to the side or rear of the existing building. It should be noted that there is no new parking or building construction proposed as a result of this request. Pedestrian Access — While a completed sidewalk is located on the north east entrance from Airport Road to the subject parcel, the northwest entrance to the parcel is showing only a portion of completed sidewalk located around the corner of Airport Road into the parcel. Ideally the sidewalk on the west side of the entrance would be completed to the applicant's property line in order to complete the pedestrian access to this building. The applicant has agreed to provide a proffer that will address this issue. Relationship between the application and the purpose and intent of the requested zoning district CO districts allow for a variety of office uses and supporting accessory uses and facilities. The CO district is intended as a transition between residential districts and other more intensive commercial and industrial districts. The C-1 districts are intended to permit more retail sales, service and public use establishments but not as many as Highway Commercial. It is intended that C-1 districts be established only within the urban area, communities and villages in the comprehensive plan. The C-1 district allows for veterinary office and hospital uses by special use permit. Staff believes the proposal is consistent with the intent of the district and does serve as an appropriate service and public use within the Hollymead Community because of the proffered limitations. Anticipated impact on public facilities and services Staff does not expect this proposal to add additional new impacts to streets, schools, fire, rescue, and police. Utilities — This building is currently not connected to public sewer. However, the applicant has committed to making sure the building is served by public sewer prior to commencing the use. A special use permit condition also addresses this issue. Stormwater Management — There are no stormwater management concerns relating to this project. Transportation — VDOT does not have concerns relating to this project. (See Attachment D) ZMA 08-07; SP 08-67 ATNA Building Planning Commission 10/20/09 The traffic to be generated by the animal hospital use is not substantially different from an office use, which has existed on this property. Staff does not anticipate neighborhood impacts from traffic because access to the property is directly off of Airport Road. Anticipated impact on cultural and historic resources Staff is not aware of any changes to the cultural and historic resources of the area or County. Anticipated impact on nearby and surrounding properties Staff does not anticipate any significant impacts on nearby and surrounding properties. Although this is proposed to be an animal hospital and emergency care facility, the applicant does not anticipate any significant noise impacts. The applicant has explained that when animals arrive at her facility, they are usually very sick and not able to make a lot of noise. As requested by staff, the applicant has provided a variety of sound studies for this site, all of which have provided acceptable sound levels. The installation of a fence and landscaping adjacent to the residential district at the rear of the site will also help to attenuate any additional noise concerns. The applicant will also install a fence around the outside animal walk area, which is adjacent to the building. Public need and justification for the change The expansion and relocation of this proposed 24-hour animal emergency care facility will continue to provide a much needed service to area residents and their pets, particularly since it will be one of the only facilities of its' type in the area. It will also provide additional employment opportunities in the County. PROFFERS The applicant proposes proffers (Attachment E) that would limit the use of this property to CO uses and a few C-1 uses that are less intensive for this location, such as fire and rescue squad stations, tailor, seamstress, drive-in windows serving or associated with permitted uses and veterinary office and hospital. The applicant also agrees to proffer the completion of the sidewalk on the west side of the entrance to the subject property line. While there are no additional substantive changes needed to the proffers, they are in need of technical changes. The changes to the proffers can be made between the Planning Commission and Board public hearing if the Planning Commission is satisfied that they do not need to see the proffers in their final form. Waivers The applicant is requesting a waiver of Chapter 18, Section 21.7 (C) of the Zoning Ordinance, which requires the maintenance of a 20 foot undisturbed buffer between residential and commercial properties in order to provide privacy and noise attenuation for residences from the activity of commercial uses. Staff has requested the installation of a fence near the residential district at the rear of the existing building in order to provide privacy and noise attenuation for the adjacent residents. The applicant has committed to providing an approximately 8 foot tall treated solid wood privacy fence along the perimeter of the property adjacent to the residential properties for a buffer, sound attenuation and privacy. The applicant will have to disturb the buffer temporarily in order to construct the required privacy fence. Staff recommends approval of the waiver because the proposed fence and landscape will provide a good buffer between the adjacent residential area and this ZMA 08-07; SP 08-67 ATNA Building Planning Commission 10/20/09 existing commercial property. Recently there have been several waiver approvals such as this. The applicant is also requesting a waiver of Section 5. 1.11 (b) of the Zoning Ordinance, which states "For soundproofed confinements, no such structure shall be located closer than two hundred (200) feet to any agricultural or residential lot line. For soundproofed confinements, noise measured at the nearest agricultural or residential property line shall not exceed fifty-five (55) decibels" The building in which the animal hospital would be located is less than 200 feet from the adjacent residential properties. The closest residential property line is approximately 70 feet from the rear of the animal hospital building. The applicant has also submitted an engineer's report confirming that the building is soundproofed and that when studied, the decibels never exceeded the required 55 decibels. (See Attachment F) Staff recommends approval of this waiver because the building is soundproofed and the applicant will be installing a fence with landscaping that will further attenuate the sound of the animal hospital. Other similar waivers have been recently granted for veterinary uses that are located within 200 feet of residential lots. (See Attachment G) Staff Comment on SP 2008 -67 -Request for Veterinary Services Clinic Uses in the C-1 Commercial District Section 31.6 of the Zoning Ordinance below requires that special use permits be assessed as follows: Will the use be of substantial detriment to adjacent property? No detriment to adjoining properties is anticipated from the requested veterinary hospital use. Will the character of the zoning district change with this use? The character of the zoning district is not proposed to change with the relocation of the veterinary hospital. In the past, the existing building has served as an office use for the airport; however, currently the building is vacant and has been for some time. The existing building will remain on the site with primarily internal changes being made to the building. Redevelopment of the site is not proposed. Staff does not anticipate the use of this building as a animal hospital to be any more intensive than an office use. Will the use be in harmony with the purpose and intent of the zoning ordinance? The proposed use is consistent with the intent of the C-1 zone, which is to permit limited retail sales, service and public use establishments. The applicant is further limiting the use of the property by providing proffers that would limit the use of this site to CO uses and a few C-1 uses that are less intensive for this location including a veterinary hospital. Will the use be in harmony with the uses permitted by right in the district? Uses allowed by -right in the C-1 District include a range of retail, and service uses. The veterinary hospital is not in conflict with any of these types of uses. Will the use comply with the additional regulations provided in Section 5.0 of this ordinance? Section 5. 1.11 is applicable to the proposed animal hospital use and each regulation is addressed below: ZMA 08-07; SP 08-67 ATNA Building E Planning Commission 10/20/09 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; (Amended 11-15-89) Animals will be confined to the soundproofed, air-conditioned building. As conditioned, the applicant will be installing an approximately 8 foot tall treated solid wood privacy fence along the perimeter of the property adjacent to the residential properties and around the canine elimination yard. 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 confinements, noise measured at the nearest agricultural or residential property line shall not exceed fifty-five (55) decibels; (Amended 11-15-89; 6-14-00) As described in the waiver section of this staff report, a request from the applicant has been made to modify this requirement. c. In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m. (Amended 11-15-89; 6-14-00) The applicant has indicated that this requirement will be met and that there will be no outdoor activity for these animals during these hours. d. In areas where such uses maybe 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: (Amended 11-15-89) -Separate building entrance and exit to avoid animal conflicts ;( Added 11-15-89) -Area for outside exercise to be exclusive from access by the public by fencing or other means. (Added 11-15-89) The animal hospital will be the only occupant of the building on the property. There is no need to impose any additional requirements for a separate building entrance. As previously mentioned, staff recommended conditions for the fenced in canine elimination area. Will the public health, safety and general welfare of the community be protected if the use is approved? The public health, safety, and general welfare of the community are protected through the special use permit process which assures that the proposed use is appropriate in the location requested. There is no safety concern with the proposed veterinary services clinic use. SUMMARY: Staff has identified the following factors favorable to the rezoning and special use permit requested: ZMA 08-07; SP 08-67 ATNA Building Planning Commission 10/20/09 1. The rezoning and special use permit are consistent with the Land Use Plan. 2. The rezoning and special use permit will provide the veterinary hospital use an opportunity to expand and relocate to a central location convenient for clients. 3. The veterinary hospital will provide a 24 hours/day service instead of the current hours, which are only after business hours. Staff has identified the following factors unfavorable to this request: 1. The proffers need to be technically accurate. 2. Pedestrian access is not complete to this facility. However the applicant agrees to provide a proffer that will address the pedestrian access. RECOMMENDED ACTION: ZMA 2008-007 Staff recommends approval of this rezoning provided that the proffers (Attachment E) are revised and are technically and legally acceptable prior to the Board of Supervisors public hearing, including a commitment to complete the sidewalk on the west side of the entrance to the applicant's property line. Staff recommends the following conditions for approval for the requested special use permit, should the rezoning be approved: SP 2008-067 1. Development of the use shall be in accord with the concept plan, entitled "Proposed Fencing" prepared by Gorman Architects, PLC, dated June 20, 2009 (the "Plan"), as determined by the Director of Planning and the Zoning Administrator. To be in conformity with the Plan, development shall reflect the following elements only and all other elements of the Plan may be modified during site plan review and approval: general location of parking areas, buffer and screening from adjacent residential properties, the outdoor dog exercise yard and the canine elimination yard. Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. This special use permit applies to the existing building and any new buildings for the veterinary use will require a new special use permit. 3. The opening of any windows shall be prohibited. 4. Dogs may be walked only in the outdoor dog walk area. 5. No animals shall be boarded overnight or groomed, except for those animals under medical care at the veterinary hospital. 6. The use shall not commence until the building located at 1540 Airport Road is served by public sewer. 7. An 8 foot tall treated solid wood privacy fence in a cabot slate gray #1445 stain for pressure treated wood shall be constructed and maintained along the full perimeter of the property adjacent to the residential properties. The existing trees and landscape along the perimeter of the property adjacent to the residential properties shall not be disturbed. Screening requirements shall comply with Section 32.7.9.8 Screening of the Albemarle County Code. ZMA 08-07; SP 08-67 ATNA Building Planning Commission 10/20/09 8. An 8 foot tall treated solid wood privacy fence in a cabot slate gray #1445 stain for pressure treated wood shall be constructed and maintained to enclose the canine elimination yard shown on the Plan. Waivers Staff recommends: 1) A waiver of Chapter 18, Section 21.7 (C) of the Zoning Ordinance, which requires the maintenance of a 20 foot undisturbed buffer between residential and commercial properties; and 2) A waiver of Section 5.1.11 (b) of the Zoning Ordinance, which requires soundproofed confinements not be located closer than two hundred (200) feet to any agricultural or residential lot line, and which requires the soundproofed confinements, noise measured at the nearest agricultural or residential property line not exceed fifty-five (55) decibels" be approved. ATTACHMENTS Attachment A — Location Map Attachment B — Tax Map Attachment C — Concept Plan, entitled "VETS Emergency Animal Hospital" prepared by Animal Arts Mark R. Hafen, Architect, dated June 1, 2009 Attachment D — Electronic mail from Joel DeNunzio, dated October 8, 2009 Attachment E - Revised Proffer Statement dated September 1, 2009 Attachment F — Sound Study letters from John McNair, dated July 15, 2009, June 30, 2009, and May 29, 2009 Attachment G — Waiver Request letters from Sara Salmon, dated July 20, 2009 and August 24, 2009 ZMA 08-07; SP 08-67 ATNA Building Planning Commission 10/20/09 �'JRGINLP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 August 19, 2009 Ms. Sara V. Salmon, DVM 1591 Reynovia Drive Charlottesville, VA 22902 RE: ZMA-08-007 ATNA Building - Zoning Map Amendment SP2008-067 ATNA Building — Special Use Permit Dear Ms. Salmon: Thank you for your recent re -submittal received on July 20ffi for the above noted projects for Tax Map and Parcel 32-48; Lot A. The following comments are provided to help you meet requirements for C-1 (Commercial) District and a special use permit for the operation of a veterinary services clinic, and address staff concerns: Planning: • Proffers 2 — 7 are either addressed through conditions of the special use permit or are not necessary as proffers. As a result staff recommends that proffers 2-7 be eliminated, unless the County Attorney advises us differently. Proffers still need final review by the County Attorney prior to the Planning Commission Public Hearing. • Please see the attached draft conditions, for your information. Staff is finalizing the conditions, but you will see that most of the proposed proffers are addressed through conditions. Zoning: • Proffer #1 — These proffers significantly restrict future uses of the property. This is a generally unadvisable situation and can cause problems for future conversion uses of the property. You might consider allowing all of the CO uses. We suggest you consider limiting the prohibited uses or broaden the allowed uses. Current Development: • As mentioned in previous comment letters construction of a fence adjacent to the residential development will require a site plan amendment. 9 A waiver request of Chapter 18, Section 5.1.11(b) of the Code of Albemarle was submitted. However, a waiver of Chapter 18, Section 21.7 (C) of the Code of Albemarle is required. This section requires the maintenance of a 20 foot undisturbed buffer. The Planning Commission may allow disturbance of the buffer as provided for in Chapter 18, Section 21.7(C) (1) of the Code of Albemarle. Please see the following details: 21.7 MINIMUM YARD REQUIREMENTS The minimum yard requirements in the commercial districts are as follows: c. Buffer zone adjacent to residential and rural areas districts. No construction activity including grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or rural areas district. Screening shall be provided as required in section 32.7.9. (Amended 9-9-92) 1. Waiver by the commission. The commission may waive the prohibition of construction activity, grading or the clearing of vegetation in the buffer in a particular case where the developer or subdivider demonstrates that grading or clearing is necessary or would result in an improved site design, provided that: (i) minimum screening requirements are met and (ii) existing landscaping in excess of minimum requirements is substantially restored. Please revise your waiver request accordingly. If you wish, I will be glad to set up a meeting with Amelia McCulley and myself to discuss the appropriate wording for Proffer #1. When you are ready to resubmit, please provide that re -submittal on a re -submittal Monday. Make sure to put my name on the cover page of your re -submittal. After you have resubmitted, staff will provide a set of written comments for your review prior to setting a public hearing. In those comments, we will advise you as to whether all substantive issues have been resolved or if additional resolution is needed. A public hearing with the Planning Commission will not be advertised until you advise us that the project is ready to proceed to a public hearing. At that time, the legal advertisement will be run in the newspaper and a staff report will be prepared to go to the Planning Commission. 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 has not previously been brought to the applicant's attention. As always, an applicant may request deferral at the Planning Commission meeting. Additional questions or comments may occur at a future date. If you have questions or need additional information, please feel free to call me at 296-5832 x 3250 or send me an e-mail at cgrant@albemarle.oriz . Sincerely, Claudette Grant Senior Planner vIRGIN� County of Albemarle Department of Community Development Memorandum To: Claudette Grant From: Bill Fritz Division: Zoning and Current Development Date: August 14, 2009 Subject: ZMA200800007 & SP200800067ATNA BUILDING - REZONE & SPECIAL USE PERMIT The applicant is proposing the construction of a fence adjacent to the residential development. This will require a site plan amendment. It will also require a waiver of Chapter 18, Section 21.7(C) of the Code of Albemarle. This section requires the maintenance of a 20 foot undisturbed buffer. However, the Planning Commission may allow disturbance of the buffer as provided for in Chapter 18, Section 21.7(C)(1) of the Code of Albemarle. A copy of the applicable provisions is included at the end of this memorandum. The waiver should be processed with the above application to avoid the applicant having to go back to the Planning Commission 21.7 MINIMUM YARD REQUIREMENTS The minimum yard requirements in the commercial districts are as follows: c. Buffer zone adjacent to residential and rural areas districts. No construction activity including grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or rural areas district. Screening shall be provided as required in section 32.7.9. (Amended 9-9-92) 1. Waiver by the commission. The commission may waive the prohibition of construction activity, grading or the clearing of vegetation in the buffer in a particular case where the developer or subdivider demonstrates that grading or clearing is necessary or would result in an improved site design, provided that: (i) minimum screening requirements are met and (ii) existing landscaping in excess of minimum requirements is substantially restored. �'JRGINLP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 August 3, 2009 Ms. Sara V. Salmon, DVM 1591 Reynovia Drive Charlottesville, VA 22902 RE: ZMA-08-007 ATNA Building - Zoning Map Amendment SP2008-067 ATNA Building — Special Use Permit Dear Ms. Salmon: Thank you for your recent re -submittal received on July 6ffi for the above noted projects for Tax Map and Parcel 32-48; Lot A. The following comments are provided to help you meet requirements for C-1 (Commercial) District and a special use permit for the operation of a veterinary services clinic, and address staff concerns: Zoning: • Do you still plan on installing lowland fencing? Perhaps we missed it. We did not see a description of the lowland fencing. If you plan on installing lowland fencing, we will need a description. Current Development: • As you have previously discussed with Bill Fritz, the Chief of Current Development, approval of a minor site plan amendment is now required, since you are proposing a fence along the property line. The plan may be approved administratively. Architectural Review Board (ARB): • The proposal for a fence is currently being reviewed administratively by the ARB. Proffers: • Proffers were submitted after this re -submittal and are currently under review by staff. Comments will be sent after review by staff. Other Issues• 9 Staff is currently working on a list of conditions for the special use permit. • Staff recommends that future re -submittals be coordinated and submitted at the same time to avoid confusion of multiple reviews occurring for the same project. • The submittal received on July 2& is currently under review by staff. After you have reviewed these comments, if you wish to meet with staff on the comments, please let me know and I will set up a meeting. When you are ready to resubmit, please provide that re -submittal on a re -submittal Monday. Make sure to put my name on the cover page of your re -submittal. After you have resubmitted, staff will provide a set of written comments for your review prior to setting a public hearing. In those comments, we will advise you as to whether all substantive issues have been resolved or if additional resolution is needed. A public hearing with the Planning Commission will not be advertised until you advise us that the project is ready to proceed to a public hearing. At that time, the legal advertisement will be run in the newspaper and a staff report will be prepared to go to the Planning Commission. 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 has not previously been brought to the applicant's attention. As always, an applicant may request deferral at the Planning Commission meeting. Additional questions or comments may occur at a future date. If you have questions or need additional information, please feel free to call me at 296-5832 x 3250 or send me an e-mail at cgrant@albemarle.oriz . Sincerely, Claudette Grant Senior Planner County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Amelia McCulley, Zoning Administrator Division: Zoning Date: January 23, 2009 Subject: ZMA 2008-07 and SP 2008-67 ATNA Building Please forward proffers to me for review, once they are submitted. I do not have comments specific to the rezoning request at this time. Please consider these comments for the special use permit: The existing building proposed for use is about 1/3 of the required distance from adjoining residential properties. Because the waiver and the sound analysis is an integral part of a review for this use, the proposal can not be fully reviewed until further information is provided. a. Please submit the sound study. Can the maximum sound levels required per Section 5.11 be met? If not, what waiver of that requirement is being requested and what is the justification? b. What "refurbishing" will be done to "dampen any sounds emanating from the facility?" This information is necessary for the special use permit review and will constitute a condition of approval. c. Given the close proximity of the existing building to the rear residential property line, what is the designated area outside for animals to be relieved? It is common, especially with well visits that animals need to relieve themselves. Staff suggests that an area be designated with signage. d. What additional screening will be provided along the rear property line? 2. In order to confirm the adequacy of existing parking, please provide information as to the maximum number of staff on a given shift. Is any of the parking lot on lot B available for parking this use or must it be contained within the lot A parking area? 3. Please confirm that the building is currently served by public water and sewer. If it is not, the public connection will be required prior to commencing this use. County of Albemarle Department of Community Development Memorandum To: Claudette Grant From: Bill Fritz Division: Zoning and Current Development Date: July 22, 2009 Subject: ZMA 2008 — 7 and SP 2008 — 67 ATNA Building The applicant is now proposing a fence along the property line. This will require approval of a minor site plan amendment. The plan may be approved administratively. I have provided this information to the applicant during a phone conversation last week. I have no additional comments. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 MEMORANDUM TO: Claudette Grant, Senior Planner FROM: Brent Nelson, Landscape Planner RE: Design Planning comments on: SP 2008-67 & ZMA 08-7: ATNA Building DATE: June 16, 2009 I have reviewed the Special Use Permit and Rezoning applications for the above referenced proposal including the applicant's letter of June 1, 2009, Exhibit A (applicant's letter of May 29, 2009), Exhibit B Site Plan Vets Emergency Animal Hospital, and Exhibit C Albemarle County Service Authority letter of March 5, 2009 and have the following comments: Issue: Building & Site Changes/ARB Review Comments: Page 6 of the applicant's letter of June 1, 2009 indicates that possible changes to the building and site could include: a) The installation of double sliding doors in the northwest and northeast side elevations. b) The installation of an 8' tall privacy fence along the perimeter of the canine exercise yard adjacent to the northeast side elevation. c) The installation of the same privacy fence along the perimeter of the property behind the building. It appears that some, if not all, of these changes could be visible from the Entrance Corridor and will therefore require approval by the Architectural Review Board (ARB). Only parts of the proposed site and building improvements that are visible from the Airport Road Corridor will require review and approval by the ARB. Review and approval of those changes can be handled at the site plan review stage. Recommendations: None. �'JRGINLP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 July 1, 2009 Ms. Sara V. Salmon, DVM 1591 Reynovia Drive Charlottesville, VA 22902 RE: ZMA-08-007 ATNA Building - Zoning Map Amendment SP2008-067 ATNA Building — Special Use Permit Dear Ms. Salmon: Thank you for your recent re -submittal received on June 1St for the above noted projects for Tax Map and Parcel 32-48; Lot A. The following comments are provided to help you meet requirements for C-1 (Commercial) District and a special use permit for the operation of a veterinary services clinic, and address staff concerns: Engineering: • Sound Study — It is recommended that a sound attenuation fencing/landscaping/barrier be provided between the ATNA building and the residential area. For example, the fencing that is proposed adjacent to the residential property should be constructed of wood or other sound -absorbing material. • The sound study does not appear conclusive. There does not appear to be information about readings from the outdoor yard, or open windows in the building. The ordinance requires the measurement be taken at the property line, not 15 feet inside the property. The sound study needs to be completed with the appropriate measures in place. Please clarify if you feel you have already provided this information. Zoning: • The following conditions of approval are required to be met for issuance of a zoning clearance in order for this use to begin: • Prohibit opening any windows adjacent to the residentially -zoned property, which could include sealing these windows. • Prohibit any commercial kenneling, boarding, grooming or any form of routine veterinary care for animals in this building. • Limit the outdoor dog walk area to the area and location shown on the plan, dated June 1, 2009 completed by Animal Arts Mark R. Hafen, Architect. • Connection to public sewer is required. • An animal solid waste disposal plan is required, due to the close proximity of the residential property. • On page 3 in the third paragraph of the zoning section of your response letter, you refer to the installation of lowland fencing. Please describe what a "lowland" fence is. Proffers: • Do you plan on providing any proffers? Attached is a list of uses allowed in the C1 district. Not all of these uses may be appropriate for the location of your building. We suggest you proffer out the uses that are not appropriate for this site. Other Issues: • As suggested in your response letter and given the proximity of this building to the adjacent residential neighborhood, we suggest you meet with the neighbors regarding any concerns they may have about the proposed use of the building. • Larger, more visible copies of the plans will need to be submitted for Planning Commission and Board of Supervisor packets. The following comments can be handled during the site plan process: Architectural Review Board (ARB): • Page 6 of your letter, dated June 1, 2009 indicates that possible changes to the building and site could include: a) the installation of double sliding doors in the northwest and northeast side elevations. b) The installation of an 8' tall privacy fence along the perimeter of the canine exercise yard adjacent to the northeast side elevation. c) The installation of the same privacy fence along the perimeter of the property behind the building. It appears that some, if not all, of these changes could be visible from the Entrance Corridor and will therefore require approval by the Architectural Review Board (ARB). Only parts of the proposed site and building improvements that are visible from the Airport Road Corridor will require review and approval by the ARB. Review and approval of those changes can be handled at the site plan review stage. Current Development: • It appears that no changes are proposed to the site. However, if changes to the site are proposed a site plan amendment will be required. For example, if fencing is added to the site, you will probably need a minor site plan amendment and a waiver for distance. The fencing should be shown on a site plan, with details, such as materials and height. As previously mentioned in this letter, the fencing may be subject to ARB approval. After you have reviewed these comments, if you wish to meet with staff on the comments, please let me know and I will set up a meeting. When you are ready to resubmit, please provide that re -submittal on a re -submittal Monday. Make sure to put my name on the cover page of your re -submittal. After you have resubmitted, staff will provide a set of written comments for your review prior to setting a public hearing. In those comments, we will advise you as to whether all substantive issues have been resolved or if additional resolution is needed. A public hearing with the Planning Commission will not be advertised until you advise us that the project is ready to proceed to a public hearing. At that time, the legal advertisement will be run in the newspaper and a staff report will be prepared to go to the Planning Commission. 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 has not previously been brought to the applicant's attention. As always, an applicant may request deferral at the Planning Commission meeting. Additional questions or comments may occur at a future date. If you have questions or need additional information, please feel free to call me at 296-5832 x 3250 or send me an e-mail at cgrant@albemarle.org . Sincerely, Claudette Grant Senior Planner Attachment COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 MEMORANDUM TO: Claudette Grant, Senior Planner FROM: Brent Nelson, Landscape Planner RE: Design Planning comments on: SP 2008-67 & ZMA 08-7: ATNA Building DATE: June 16, 2009 I have reviewed the Special Use Permit and Rezoning applications for the above referenced proposal including the applicant's letter of June 1, 2009, Exhibit A (applicant's letter of May 29, 2009), Exhibit B Site Plan Vets Emergency Animal Hospital, and Exhibit C Albemarle County Service Authority letter of March 5, 2009 and have the following comments: Issue: Building & Site Changes/ARB Review Comments: Page 6 of the applicant's letter of June 1, 2009 indicates that possible changes to the building and site could include: a) The installation of double sliding doors in the northwest and northeast side elevations. b) The installation of an 8' tall privacy fence along the perimeter of the canine exercise yard adjacent to the northeast side elevation. c) The installation of the same privacy fence along the perimeter of the property behind the building. It appears that some, if not all, of these changes could be visible from the Entrance Corridor and will therefore require approval by the Architectural Review Board (ARB). Only parts of the proposed site and building improvements that are visible from the Airport Road Corridor will require review and approval by the ARB. Review and approval of those changes can be handled at the site plan review stage. Recommendations: None. �'JRGINLP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 January 29, 2009 Ms. Sara V. Salmon, DVM 1591 Reynovia Drive Charlottesville, VA 22902 RE: ZMA-08-007 ATNA Building - Zoning Map Amendment SP2008-067 ATNA Building — Special Use Permit Dear Ms. Salmon: Thank you for your recent submittal received on December 15`" for the above noted projects for Tax Map and Parcel 32-48; Lot A. The following comments are provided to help you meet requirements for C-1 (Commercial) District and a special use permit for the operation of a veterinary services clinic, and address staff concerns: Zoning: • The existing building proposed for use is about 1/3 of the required distance from adjoining residential properties. Because the waiver and the sound analysis is an integral part of a review for this use, the proposal can not be fully reviewed until further information is provided. a. Please submit the sound study. Can the maximum sound levels required per Section 4.15 be met? If not, what waiver of that requirement is being requested and what is the justification? Clearly describe the waivers you are requesting. b. What "refurbishing" will be done to "dampen any sounds emanating from the facility?" This information is necessary for the special use permit review and will constitute a condition of approval. c. Given the close proximity of the existing building to the rear residential property line, what is the designated area outside for animals to be relieved? It is common, especially with well visits that animals need to relieve themselves. Staff suggests that an area be designated with signage. Also will an outdoor exercise area be needed for animals? d. What additional screening will be provided along the rear property line? • In order to confirm the adequacy of existing parking, please provide information as to the maximum number of staff on a given shift. Please clarify which parking areas will be available for this use. For example, will it be both parking lots A and B or just one of the lots? Proffers• • It is to be hoped that discussions involving proffers can begin early in the process in order to minimize the pressure of last minute negotiations. Please provide any proffers with your resubmittal (See enclosed proffer form). The Board of Supervisors has adopted a policy that proffers be signed at least three weeks prior to the public hearing before the Board of Supervisors for rezonings. Albemarle County Service Authority (ACSA): • The following comments were provided with SUB200800092 — Airport Office Center (the same site as the subject property): a. No improvements or obstructions shall be placed within existing or future easements. b. Rivanna Water Sewer Authority (RWSA) approval is needed for water and/or sewer connections. (See RWSA comment below) Rivanna Water and Sewer Authority (RWSA): • The existing building is currently served by an Albemarle County Service Authority water meter that is connected to an RWSA waterline. RWSA does not have any issues regarding this application if the proposed use will be utilizing the existing water service and water meter. However, if a new water service and water meter will be required to serve the proposed use, then RWSA will need more information regarding the proposed connection to the RWSA waterline and the abandonment of the existing water service. Fire Rescue• • Must comply with the Virginia Statewide Fire Prevention Code. Final approval is subject to field inspection and verification. Architectural Review Board (ARB): • As indicated on the application, as long as the proposal does not involve any changes to the site or the exterior of the building, ARB staff has no objection to this proposal. However, if this changes for any reason, then you should contact the ARB staff. Other Issues• • How many animals will the facility serve during any given timeframe? After you have reviewed these comments, if you wish to meet with staff on the comments, please let me know and I will set up a meeting. When you are ready to resubmit, please provide that re -submittal on a re -submittal Monday (see attached schedule). Make sure to put my name on the cover page of your re -submittal. After you have resubmitted, staff will provide a set of written comments for your review prior to setting a public hearing. In those comments, we will advise you as to whether all substantive issues have been resolved or if additional resolution is needed. A public hearing with the Planning Commission will not be advertised until you advise us that the project is ready to proceed to a public hearing. At that time, the legal advertisement will be run in the newspaper and a staff report will be prepared to go to the Planning Commission. 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 has not previously been brought to the applicant's attention. As always, an applicant may request deferral at the Planning Commission meeting. Additional questions or comments may occur at a future date. If you have questions or need additional information, please feel free to call me at 296-5832 x 3250 or send me an e-mail at cgrant@albemarle.oriz . Sincerely, Claudette Grant Senior Planner County of Albemarle Department of Community Development Memorandum To: Claudette Grant, Senior Planner From: Amelia McCulley, Zoning Administrator Division: Zoning Date: January 23, 2009 Subject: ZMA 2008-07 and SP 2008-67 ATNA Building Please forward proffers to me for review, once they are submitted. I do not have comments specific to the rezoning request at this time. Please consider these comments for the special use permit: The existing building proposed for use is about 1/3 of the required distance from adjoining residential properties. Because the waiver and the sound analysis is an integral part of a review for this use, the proposal can not be fully reviewed until further information is provided. a. Please submit the sound study. Can the maximum sound levels required per Section 4.15 be met? If not, what waiver of that requirement is being requested and what is the justification? b. What "refurbishing" will be done to "dampen any sounds emanating from the facility?" This information is necessary for the special use permit review and will constitute a condition of approval. c. Given the close proximity of the existing building to the rear residential property line, what is the designated area outside for animals to be relieved? It is common, especially with well visits that animals need to relieve themselves. Staff suggests that an area be designated with signage. d. What additional screening will be provided along the rear property line? 2. In order to confirm the adequacy of existing parking, please provide information as to the maximum number of staff on a given shift. Is any of the parking lot on lot B available for parking this use or must it be contained within the lot A parking area? 3. Please confirm that the building is currently served by public water and sewer. If it is not, the public connection will be required prior to commencing this use.