HomeMy WebLinkAboutSP201100014 Legacy Document 2012-06-28 (9)PROJECT MANAGEMENT
SHIM CIVIL ENGINEERING
LAND PLANNING
LENIRI NG
August 30th, 2011
Ms. Claudette Grant, Senior Planner
Albemarle County Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902
Regarding: ZMA 201100006 and SP 201100014
Albemarle Health and Rehabilitation Center
Waiver Request per 8.2(b)
Dear Claudette,
As we have discussed our application plan as proposed would require the approval of several
waivers. I have reviewed the applicable ordinances and attached four (4) specific waiver requests for review
and action with our application:
i) Waiver of section 21.7(b), Minimum Yard Requirements
ii) Wavier of section 21.7(c), Required Buffers
iii) Waiver of section 32.7.9.8 (c), Required Landscaping
iv) Wavier of section 4.12.4(a), Exceeding the maximum parking by more than 20%
All of these waivers request are made pursuant to section 8.2(b) of the ordinance (Planned Districts) and we
seek Board of Supervisors approval of these waivers in conjunction with approval of the re- zoning and special
use permit.
If you have any questions about these waivers please do not hesitate to contact me via email at:
Justina,shimp- engineering.com or via phone at 434 - 207 -8086.
Very Truty -Yours
7,77
'hemp Engineering, P.C.
Justin Shimp, P.E.
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Albemarle Health and Rehabilitation Center
ZMA201100006 and SP201100014
ZMA /SUP Application Attachment (Minimum Yard Waiver Request)
TMP: A Portion of 09100 -00 -00 -01200
Date: August 29, 2011
Request:
in conjunction with a request to rezone a 5.38 -acre portion of TMP 091 -00 -00 -01200 from R -1 to
PD -MC to allow a 120 -bed nursing home facility to be built and operated on the property, the
Applicant requests a waiver of Section 21.7 (b) (Minimum Yard Requirements adjacent to
residential and rural districts) in accordance with Section 8.2 (b).
Specifics of Request in accordance with Section 8.2 (b) paragraph 3:
• The proposed development adjoins 4 parcels:
o TMP 91 -1 is 9.536 acres owned by the Albemarle County Service Authority and is
used for public utilities (water tower). The parcel is zoned R1 Residential and a
20 FT setback is required under Section 21.7 (b) for off - street parking and
loading 'spaces ". Parking and loading spaces, as shown on the rezoning
application plan, do not fall within the 20 FT setback requirement; however, 10
FT of travel way does fall within the setback and an additional waiver is being
requested for Section 21.7 (c) (buffer zone adjacent to residential and rural areas
districts).
• TMP 91 -1D is owned and operated by Dominion Crane and Rigging Inc. the
parcel is zoned Light industrial and no setbacks are required.
• TMP 91 -13 is 15.958 acres owned by the Albemarle County School Board and is
used as a public school site (Cale Elementary School). The parcel is zoned R1
Residential and a 20 FT setback is required under Section 21.7 (b) for off - street
parking and loading "spaces ". Parking and loading spaces, as shown on the
rezoning application plan, do not fall within the 20 FTsetback requirement;
however, 5 FT of travel way does fall within the setback and on additional
waiver is being requested for Section 21.7 (c) (buffer zone adjacent to residential
and rural areas districts).
• A 1.85 -acre residue parcel of TMP 91 -12 (proposed development site) will remain
in R1 Residential zoning and a 20 FT setback is required under Section 21.7 (b)
for off - street parking and loading "spaces ". Parking and loading spaces, as
shown on the rezoning application plan, do not fall within the 20 FT setback
requirement, however, 15 FT of travel way does fall within the setback and an
additional waiver is being requested for Section 21.7 (c) (buffer zone :adjacent to
residential and rural areas districts).
• Of the four adjoining parcels, one is created from a boundary adjustment required to
create the application plan, one is under light industrial zoning and the remaining two
are under institutional use. The Comprehensive Plan designates the parcels for
Transitional and Institutional uses.
• In considering the existing zoning, Comp Plan Land Use designations, existing uses, and
proposed use; waiving the requirement of a 20 FT "travel way" buffer to adjoining
residential and rural area districts would:
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• be consistent with the intent and purposes of the planned development district under the
particular circumstances: waiving the required setback will promote efficient land use;
appropriate and harmonious physical development for the intended use; and a better
environment than is generally realized through conventional commercial district
regulations;
• would be consistent with planned development design principles: in this instance,
waiving the required buffer will permit a unique development of one building, as shown
on the application plan, that is accessible from all sides by a travel way and parking, and
the site is located within a growth area close to several large residential developments;
• would not adversely affect the public health, safety, or general welfare: The adjoining
school use is above a man -made critical slope at the rear of the site and is not accessible
from the school and the adjoining utility use is not accessible or visible to the public, and
• The intent of the buffer would be satisfied to at least an equivalent degree by plantings
along the perimeter in accordance with Section 32.7.9: Screening of the adjoining uses
will serve no benefit to the public health, safety, or general welfare and an additional
waiver is being requested for relief from the screening requirements of Section 32.7.9.8
(c).
Additional Factors for Consideration:
• Nearest existing public road is over 600 FT from site, and proposed "Middle School Road"
is over 200 FT from site; so public traffic will not be affected by a waiver of the 20 FT
setback.
• A waiver of Section 21.7 (c) (Buffer zone adjacent to residential and rural areas districts)
is also being requested.
• The site is in the center of a development area and does not adjoin any rural area
districts or residential development.
• There is very limited opportunity for any adjoining residential or agricultural uses to
develop on adjoining property.
Please let us know if you have any further questions or concerns regarding this request.
Prepared and submitted on behalf of the Applicant by:
Justin Shimp, P.E.
Shimp Engineering
P.O. Box 1113
Troy, VA 22974
(434) 207 -8086
Albemarle Health and Rehabilitation Center
ZMA201100006 and SP201100014
ZMA /SUP Application Attachment (Buffer Zone Waiver Request)
TMP: A Portion of 09100 -00 -00 -01200
Date: August 29, 2011
Request:
In conjunction with a request to rezone a 5.38 -acre portion of TMP 091 -00 -00 -01200 from R -1 to
PD -MC to allow a 120 -bed nursing home facility to be built and operated on the property, the
Applicant requests a waiver of Section 21.7 (c) (Buffer zone adjacent to residential and rural
areas districts) in accordance with Section 8.2 (b).
Specifics of Request in accordance with Section 8.2 (b) paragraph 3:
The proposed development adjoins 4 parcels:
• TMP 91 -1 is 9.536 acres owned by the Albemarle County Service Authority and
is used for public utilities (water tower). The parcel is zoned R1 Residential and a
20 FT buffer is required under Section 21.7 (c). A travel way, as shown on the
rezoning application plan, is located 10 FT from the property line. In addition,
grading is proposed over this property line.
• TMP 91 -1D is owned and operated by Dominion Crane and Rigging Inc. the
parcel is zoned Light Industrial and no buffer is required.
• TMP 91 -13 is 15.958 acres owned by the Albemarle County School Board and is
used as a public school site (Cale Elementary School). The parcel is zoned R1
Residential and a 20 FT buffer is required under Section 21.7 (c). A travel way, as
shown on the rezoning application plan, is located 15 FT from the property line.
In addition, grading is proposed up to the property line.
• A 1.85 -acre residue parcel of TMP 91 -12 (proposed development site) will
remain in R1 Residential zoning and a 20 FT buffer is required under Section
21.7 (c). A travel way, as shown on the rezoning application plan, is located 5 FT
from the property line. In addition, grading is proposed over this property line.
Of the four adjoining parcels, one is created from a boundary adjustment required to
create the application plan under consideration, one is under light industrial zoning and
the remaining two are institutional uses. The Comprehensive Plan designates the parcels
for Transitional and Institutional uses.
In considering the existing zoning, Comp Plan Land Use designations, existing uses, and
proposed use, waiving the requirement of a 20 FT undisturbed buffer to adjoining
residential and rural area districts would:
(i) "be consistent with the intent and purposes of the planned development
district under the particular circumstances ": waiving the required buffer
will promote efficient land use; appropriate and harmonious physical
development for the intended use; and a better environment than
generally realized through conventional commercial district regulations,
(ii) "would be consistent with planned development design principles ": in
this instance, waiving the required buffer will allow a unique
development of one building that is accessible from all sides by a
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travelway and parking, and the site is located within a growth area close
to several large residential developments;
(iii) "would not adversely affect the public health, safety, or general
welfare ": The adjoining school use is above a man -made critical slope
and is not accessible to the public and the adjoining utility use is not
accessible to the public; and
(iv) "The intent of the buffer would be satisfied to at least an equivalent
degree by plantings along the perimeter in accordance with Section
32.7.9 ": Screening of the adjoining uses will serve no benefit to the
public health, safety, or general welfare and an additional waiver is
being requested for relief from the screening requirements of Section
32.7.9.8 (c).
Additional Factors for Consideration:
• Nearest existing public road is over 600 FT from site, and proposed "Middle School Road"
is over 200 FT from site, so public traffic will not be affected by a waiver of the 20 FT
buffer.
• The site is in the center of a development area and is no close to any rural area districts.
• It is highly unlikely that any adjoining residential or agricultural uses will ever be
developed.
Please let us know if you have any further questions or concerns regarding this request.
Prepared and submitted on behalf of the Applicant by:
Justin Shimp, P.E.
Shimp Engineering
P.O. Box 1113
Troy, VA 22974
(434) 207 -8086
Albemarle Health and Rehabilitation Center
ZMA201100006 and SP201100014
ZMA /SUP Application Attachment (Landscape Screening Waiver Request)
TMP: A Portion of 09100 -00 -00 -01200
Date: August 29, 2011
Request:
In conjunction with a request to rezone a 5.38 -acre portion of TMP 091 -00 -00 -01200 from R -1 to
PD -MC to allow a 120 -bed nursing home facility to be built and operated on the property, the
Applicant requests a waiver of Section 32.7.9.8 (c) (Required Landscape Screening for a Site Plan)
in accordance with Section 8.2 (b).
Specifics of Request in accordance with Section 8.2 (b) paragraph 3:
The proposed development adjoins 4 parcels:
• TMP 91 -1 is 9.536 acres owned by the Albemarle County Service Authority and
is used for public utilities (water tower). The parcel is zoned R1 Residential and
screening is required under Section 32.7.9.8 (c) paragraphs 1 and 2. A travel
way, as shown on the rezoning application plan, is located 10 FT from the
property line. In addition, grading is proposed over this property line.
• TMP 91 -1D is owned and operated by Dominion Crane and Rigging Inc. the
parcel is zoned Light Industrial and no screening is required.
• TMP 91 -13 is 15.958 acres owned by the Albemarle County School Board and is
used as a public school site (Cale Elementary School). The parcel is zoned R1
Residential and screening is required under Section 32.7.9.8 (c) paragraphs 1
and 2. A travel way, as shown on the rezoning application plan, is located 15 FT
from the property line. In addition, grading is proposed up to the property line.
• A 1.85 -acre residue parcel of TMP 91 -12 (proposed development site) will
remain in R1 Residential zoning and screening is required under Section 32.7.9.8
(c) paragraphs 1 and 2. A travel way, as shown on the rezoning application plan,
is located 5 FT from the property line. In addition, grading is proposed over this
property line.
• Of the four adjoining parcels, one is created from a boundary adjustment required to
create the application plan under consideration, one is under light industrial zoning and
the remaining two are institutional uses. The Comprehensive Plan designates the parcels
for Transitional and Institutional uses.
® In considering the existing zoning, Comp Pion Land Use designations, existing uses, and
proposed use, waiving the requirement of Landscape Screening from adjoining
residential and rural area districts would:
(i) "be consistent with the intent and purposes of the planned development
district under the particular circumstances ": waiving the required
screening will promote efficient land use; appropriate and harmonious
physical development for the intended use; and the conventional
commercial district regulation in this instance will not further promote
this intent;
(ii) "would be consistent with planned development design principles ": in
this instance, waiving the required screening will permit a unique site
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development that is intended for a unique use at a unique location and
required screening is not a determinant design principle.
(iii) "would not adversely affect the public health, safety, or general
welfare ": The adjoining school use is above a man -made critical slope
and is not accessible to the public and the adjoining utility use is not
accessible to the public; and
(iv) The intent of the Screening is to protect adjoining residential and rural
areas from the disturbances of a commercial or industrial development.
In this instance, adjoining future residential and agricultural
development is very unlikely and the proposed use is residential in
character and does not present the same intensity of use as other
commercial and industrial uses: screening of the adjoining uses will
serve no benefit to the public health, safety, or general welfare.
Additional Factors for Consideration:
• Nearest existing public road is over 600 FT from site, and proposed "Middle School Road"
is over 200 FT from site, so public traffic will not be affected by a waiver of the screening
requirement.
• The site is in the center of a development area and is no close to any rural area districts.
• It is highly unlikely that any adjoining residential or agricultural uses will ever be
developed.
Please let us know if you have any further questions or concerns regarding this request.
Prepared and submitted on behalf of the Applicant by:
Justin Shimp, P.E.
Shimp Engineering
P.O. Box 1113
Troy, VA 22974
(434) 207 -8086
Albemarle Health and Rehabilitation Center
ZMA201100006 and SP201100014
ZMAJSUP Application Attachment (Minimum Required Parking Waiver Request)
TMP: A Portion of 09100 -00 -00 -01200
Date: August 17, 2011
Request:
In conjunction with a request to rezone a 5.38 -acre portion of TMP 091 -00 -00 -01200 from R -1 to
PD -MC to allow a 120 -bed nursing home facility to be built and operated on the property, the
Applicant requests a waiver of Section 4.12.4 (a) (Maximum number of parking spaces) to allow
for total parking in excess of 20% greater than prescribed by the ordinance. The applicant
proposes a total of 90 parking spaces for the use.
Specifics of Request:
• In accordance with Section 4.12.6 of the Zoning Ordinance, the minimum number of
required parking for rest homes, nursing homes, and convalescent homes is (1.0) space
per (4) beds. Based on this requirement, the proposed 120 -bed facility will require a
minimum of 30 parking spaces.
The minimum number of required parking spaces for a congregate care facility is (1.0)
space per unit plus (1.0) space per employee on the largest shift. As a congregate care
use, the proposed 120 -bed facility with 14 -16 employees on the largest shift and 80
units would require 94 -96 parking spaces.
The actual use of the proposed facility incorporates both nursing care and congregate
care. Also, our facility will be focused on rehabilitative and transitional care which are
short term stays focused on getting patients better and getting them back safely home.
This short term care requires more parking to meet the higher volume of admissions and
discharges. Finally, the higher acuity level of our short term stay patients require more
interaction with visiting physicians, physician assistants, and physical, occupational and
speech therapists subsequently increasing the demand for more parking.
Based on a similar facility on Greenbrier Drive built in 2004 with 120 beds, 45 - 55
employees on the largest shift, and 52 parking spaces, the maximum number of spaces
permitted is inadequate; based upon experience at the Greenbrier location, as well as
experience throughout Virginia and North Carolina, the Applicant has determined that
90 parking spaces are required for the proposed 120 -bed facility. Photographs are
attached showing the constant need for visitors or employees to park on the street at
the existing facility due to inadequate parking in this location.
Additional Factors for Consideration:
• Nearby on street parking is not accessible to the site
• Shared parking is not currently available for the site
• CAT lines are not currently convenient to the site
• Jaunt service will be coordinated for residents, but will not be available for employees
and many visitors
• As a 24 hour a day, seven day a week health care business, staffing is predominately on
shifts which, during shift changes, requires additional parking be available
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Please let us know if you have any further questions or concerns regarding this request.
Prepared and submitted on behalf of the Applicant by:
Justin Shimp, P.E.
Shimp Engineering
P.O. Box 1113
Troy, VA 22974
(434) 207 -8086