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HomeMy WebLinkAboutSP200800067 Review Comments Special Use Permit 2009-08-19�'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. • 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 SP 2008 -67: ATNA Building Conditions 1. Development of the use shall be in accord with the concept plan, entitled "VETS Emergency Animal Hospital" prepared by Animal Arts Mark R. Hafen, Architect, dated June 1, 2009, 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, and outside area for walking animals. 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 adjacent to the residentially — zoned property shall be prohibited. 4. The outdoor dog walk area shall be limited to the area and location shown on the attached plan, dated June 1, 2009 and completed by Animal Arts Mark R. Hafen, Architect. 5. No overnight boarding use, other than for those animals under medical care shall take place 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 painted, treated solid wood privacy fence shall be constructed 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. The existing trees and landscape shall be replaced with 6 foot screen trees if they are disturbed. 8. An 8 foot painted, treated solid wood privacy fence shall be constructed to enclose the canine elimination yard (8'X10') at the northeast corner of the building as shown on the attached plan, dated June 1, 2009 and completed by Animal Arts Mark R. Hafen, Architect.