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HomeMy WebLinkAboutSP201100014 Legacy Document 2012-06-28 (11)COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 2011 - 00006, Albemarle Staff: Claudette Grant Health and Rehab Center and SP 2011 - 00014, Albemarle Health and Rehab Center Planning Commission Public Hearing: Board of Supervisors Public Hearing: October 18, 2011 To be Determined Owner(s): Galaxie, LLC Applicant: Albemarle Health Care Center, LLC with Bruce Hedrick as applicant contact. Contact: Justin Shimp with Shimp Engineering. Acreage: 5.38 acres Rezone from: R -1, residential zoning district to PD- MC, Planned Development Mixed Commercial zoning district. A special use permit is proposed under Section 24.2.2(7) of zoning ordinance for hospitals, nursing homes, convalescent homes uses. TMP: TMP 09100000001200 (a portion of) By -right use: Residential uses at a density of 1 unit Location: 91 Galaxie Farm Lane (Attachment A) per acre. (Attachment B) Magisterial District: Scottsville Proffers: No Proposal: Rezone 5.38 acres from R -1 zoning Requested # of Dwelling Units: None district to PD -MC Planned Development Mixed Commercial zoning district. A special use permit is proposed under Section 24.2.2(7) of zoning ordinance for hospitals, nursing homes, convalescent homes uses. No dwellings proposed. DA (Development Area): Neighborhood 4 Comprehensive Plan Designation: Transitional — neighborhood -scale commercial uses, offices, townhouses and apartments (6.01 -34 units /acre) and Urban Density Residential — residential (6.01 -34 units /acre); supporting uses such as religious institutions, schools, commercial, office, and service uses. (Attachment C) Character of Property: The property has a 2 story Use of Surrounding Properties: The property house located on it. There are gentle slopes on the adjacent and to the north is primarily vacant and property. A portion of the site is wooded. zoned for residential use. The Monticello Fire /Rescue Station is located to the north east of the subject property. The property to the south is zoned residential and is a portion of the subject parcel and Cale Elementary school is located to the south and west of the property. Mill Creek Drive is the proposed access for this site. Monticello High School and a shopping center are located nearby on Mill Creek Dr. Factors Favorable: Factors Unfavorable: 1. Development of the property as a nursing 1. The proposal for the site is so home is consistent with the Comprehensive overdeveloped that the design requires grading, Plan designation. and easements, on the adjacent properties for 2. This rezoning request provides a need and retaining walls, access road, and stormwater service for the elderly in a portion of the County management. that does not have a similar use. 2. No permission has been received from adjacent property allowing permission for the necessary grading /easements on the subject property. Without permission this project will not be able to be developed as proposed. 3. The applicant is requesting a waiver to provide over 20 percent more parking on the ZMA 2011 - 00006, Albemarle Health and Rehab Center, SP 2011 - 00014, Nursing Home Planning Commission Public Hearing, October 18, 2011 Staff Report, Page 1 ZMA 2011 - 00006, Albemarle Health and Rehab Center, SP 2011 - 00014, Nursing Home Planning Commission Public Hearing, October 18, 2011 Staff Report, Page 2 site than what is required by the Zoning Ordinance. 4. Multiple waiver requests for buffer, landscape and minimum yard requirements (along with off -site stormwater management and grading indicates the proposal overdevelops the site. RECOMMENDATION: Staff recommends denial of ZMA 2011 -00006 and SP 2011 - 00014, Albemarle Health and Rehab Center with waivers, based on the factors noted in this report as unfavorable. ZMA 2011 - 00006, Albemarle Health and Rehab Center, SP 2011 - 00014, Nursing Home Planning Commission Public Hearing, October 18, 2011 Staff Report, Page 2 STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Claudette Grant October 18, 2011 To Be Determined ZMA 2011 - 00006, Albemarle Health and Rehab Center SP 2011 - 00014, Albemarle Health and Rehab Center With waiver requests of Section 21.7(b) of Zoning Ordinance for Minimum Yard Requirements; Section 21.7 (c) for Required Buffers; Section 32.7.9.8 (c) for Required Screening; and Section 4.12.4(a) for Exceeding the maximum parking by more than 20% PETITION PROJECT: ZMA 201100006 and SP201100014 Albemarle Health and Rehab Center PROPOSAL: Rezone 5.38 acres from R -1 zoning district which allows residential uses at a density of 1 unit per acre to PD -MC Planned Development Mixed Commercial zoning district which allows large -scale commercial uses; residential by special use permit at a density of 15 units /acre and special use permit under Section 24.2.2(7) of zoning ordinance for hospitals, nursing homes, convalescent homes uses. No dwellings proposed. ENTRANCE CORRIDOR: No PROFFERS: No COMPREHENSIVE PLAN: Transitional — neighborhood -scale commercial uses, offices, townhouses and apartments (6.01 -34 units /acre) and Urban Density Residential — residential (6.01- 34 units /acre); supporting uses such as religious institutions, schools, commercial, office, and service uses and located in Neighborhood 4 in the Development Area. LOCATION: 91 Galaxie Farm Lane TAX MAP /PARCEL: 09100000001200 MAGISTERIAL DISTRICT: Scottsville CHARACTER OF THE AREA The proposed access for the subject property is Mill Creek Drive, which is located to the north of this property. The property has an existing two story house on it, but is otherwise vacant and wooded with trees and shrubs. It is located in the Development Area and surrounded by a significant amount of development. The Monticello Fire /Rescue Station is located to the north east of the subject property. The residual parcel proposed to be subdivided from the subject property is vacant and zoned for residential use. It is located to the south of the site. Cale Elementary school is located to the west of the property. Monticello High School, Tandem Friends School and a shopping center are also located nearby on Mill Creek Dr. SPECIFICS OF THE PROPOSAL The applicant proposes to rezone 5.38 acres, which is a portion of tax map parcel 091 -00 -00 -01200 from R -1, residential to PD -MC, Planned Development Mixed Commercial to allow a 120 -bed nursing home facility. A special use permit is requested to allow the nursing home facility. The project will be developed in two phases; Phase 1 will include 90 beds. The applicant proposes a single story nursing home in an approximately 57,655 square foot building. Approximately 90 full and part -time employees will be employed, providing nursing and rehabilitative care 24 hours per day. (See Attachment D: Application Plan) APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant states that there is a need for health care services in Albemarle County that will continue to increase as the elderly population continues to expand. Furthermore, the applicant states that he has applied for a certificate of public need to build the proposed 90 -bed nursing home and that its issuance validates the need for more nursing home and rehabilitative services in this portion of the County. ZMA 2011 - 00006, Albemarle Health and Rehab Center, SP 2011 - 00014, Nursing Home Planning Commission Public Hearing, October 18, 2011 Staff Report, Page 3 PLANNING AND ZONING HISTORY There is an existing 2 story house, built in 1939 located on the property. There is no zoning history on this property. COMPREHENSIVE PLAN Land Use Plan: The Comprehensive Plan shows this area primarily as Transitional and a smaller area is designated Urban Density Residential in Neighborhood 4. The purpose /intent of the Transitional designation is to provide for neighborhood -scale commercial uses, offices, townhouses and apartments (6.01 -34 units /acre). Urban Density Residential allows residential (6.01 -34 units /acre); and supporting uses such as religious institutions, schools, commercial, office, and service uses. Staff's comments below address how well the proposal conforms to the Comprehensive Plan. Then, staff addresses how well the proposal conforms to the Neighborhood Model. Finally, staff addresses how well the proposal meets the guidelines in the Economic Vitality Action Plan. Specific requirements or recommendations in this section are in bold italics. Staff believes the proposed use is consistent with the Comprehensive Plan designation for this site. The character of the surrounding neighborhood provides a variety of mixed uses. A nursing home facility would not necessarily be out of character in this location. The Neighborhood Model: Staff's analysis below indicates how well the proposed development meets the 12 principles of the Neighborhood Model: Pedestrian Orientation The application plan shows proposed sidewalks throughout the site, and stairs are shown near the east corner of the building. The stairs appear to be located within the sidewalk area. It is not clear how the stairs and sidewalk will work. It is also not clear if the entrance road from the fire /rescue station to the site will have sidewalks? Additional information is needed in order to know if this principle is addressed. recommendation ?) Neighborhood Friendly The street is not really a street, but a travelway and parking Streets and Paths area. This principle is not addressed. Interconnected Streets and This site has one access. It appears the existing access to Transportation Networks the site will be closed off. Access easements will need to be provided from adjacent property owner with regards to the proposed road. Since this is the only access shown to the property, it is vital that the applicant provides evidence that easements will be provided by the adjacent property owners. This principle needs to be addressed. No access is being provided to adjacent properties (property to the north). Evidence needs to be provided that shows an access easement will be used for the intended purpose. Provide additional access to the site. recommendation? Relegated Parking The parking as shown on the plan is not relegated. The parking is located on the periphery of the building and as shown will be one of the first things one sees when entering the site. A redesign of the site and layout could improve this. (recommendation ?) Parks and Open Space This plan does not show open space for use by residents ZMA 2011 - 00006, Albemarle Health and Rehab Center, SP 2011 - 00014, Nursing Home Planning Commission Public Hearing, October 18, 2011 Staff Report, Page 4 Economic Vitality Action Plan The primary goal of the County's Economic Vitality Action Plan is to: Increase the County's economic vitality and future revenues through economic development by expanding the commercial tax base and supporting the creation of quality jobs for local residents. This Plan is developed for the benefit and economic well being, first, of current local residents and existing local businesses. The proposed Albemarle Health and Rehab Center (nursing home facility) would support the Plan by providing additional employment, and housing and rehabilitative services for the elderly population in the area. STAFF COMMENT Relationship between the application and the purpose and intent of the requested zoning district: The following section is an excerpt from the Zoning Ordinance: PD -MC districts are hereby created and may hereafter be established by amendment of the zoning map to permit development of large -scale commercial areas with a broad range of ZMA 2011 - 00006, Albemarle Health and Rehab Center, SP 2011 - 00014, Nursing Home Planning Commission Public Hearing, October 18, 2011 Staff Report, Page 5 and /or employees. This principle needs to be addressed. recommendation ?) Neighborhood Centers There is a shopping center, several schools, and the fire /rescue station located in the vicinity with office /meeting space. Not applicable. Buildings and Spaces of No building elevations have been provided with the rezoning. Human Scale However, one -story buildings are appropriate for this type of facility /use. It is not clear whether the proposed building and spaces are of human scale. The square footage of the building takes up the entire site, requiring off -site grading, retaining walls, and stormwater management. The proposed site design appears to be overbuilt. Revising the size of the building to be smaller could allow the applicant to build on the property without needing permission for grading and other easements from adjacent property owners. (recommendation ?) Mixture of Uses There are no mixture of uses within this property. However, with the proximity of other commercial and residential uses in close proximity to this property, staff does not see this as a major issue. Mixture of Housing Types This is not applicable, given the type of facility proposed. and Affordability Redevelopment This principle is not applicable. Site Planning that Respects A fair amount of grading is proposed to the adjacent parcels, Terrain not owned by the applicant in order to complete the proposed development. Retaining walls are also proposed on the site. As previously stated, the building footprint takes up most of the property. Staff suggests minimizing the development on the site in order to reduce the need for disturbances on adjacent properties. Minimal disturbance to the terrain is suggested. (recommendation) Clear Boundaries with the This principle is not applicable. Rural Areas Economic Vitality Action Plan The primary goal of the County's Economic Vitality Action Plan is to: Increase the County's economic vitality and future revenues through economic development by expanding the commercial tax base and supporting the creation of quality jobs for local residents. This Plan is developed for the benefit and economic well being, first, of current local residents and existing local businesses. The proposed Albemarle Health and Rehab Center (nursing home facility) would support the Plan by providing additional employment, and housing and rehabilitative services for the elderly population in the area. STAFF COMMENT Relationship between the application and the purpose and intent of the requested zoning district: The following section is an excerpt from the Zoning Ordinance: PD -MC districts are hereby created and may hereafter be established by amendment of the zoning map to permit development of large -scale commercial areas with a broad range of ZMA 2011 - 00006, Albemarle Health and Rehab Center, SP 2011 - 00014, Nursing Home Planning Commission Public Hearing, October 18, 2011 Staff Report, Page 5 commercial uses under a unified planned approach. It is intended that PD -MC districts be established on major highways in the urban area and communities in the comprehensive plan. In recognition that such large -scale development may substantially reduce the functional integrity and safety of public roads if permitted with unplanned access, it is intended that multiple access to existing public roads be discouraged and that development and access be oriented toward an internal road system having carefully planned intersections with existing public roads. This property is zoned R -1, which allows residential uses at a density of 1 unit per acre. Large -scale commercial uses; and residential by special use permit at a density of 15 units /acre are allowed in the PD -MC Planned Development Mixed Commercial zoning district. A special use permit under Section 24.2.2(7) of zoning ordinance for hospitals, nursing homes, and convalescent homes uses is needed for the nursing home facility. Staff believes with revisions, the proposal could meet the intent of the Planned Development Mixed Commercial (PD -MC) district; however, the existing proposal leaves several unanswered questions. The applicant has not addressed the following key elements needed in order to determine the appropriateness of this proposal at this location: The proposed development of the site appears to be overdeveloped as evidenced by the following: Off -site grading and construction easements, which are needed to construct a retaining wall, access road, and stormwater management; the applicant has not provided evidence from the adjacent property owners giving permission to allow grading and easements on their property. The applicant is requesting a waiver for the minimum yard requirements, and required buffers and landscaping. In addition to the various site constraints previously listed, the applicant wishes to exceed the allowed maximum parking by more than 20 %. Staff does not believe this proposal is an example of "appropriate and harmonious physical development" or "creative design." Public need and justification for the change: The proposed addition of a nursing home facility in this portion of the County would be beneficial for the growing elderly population. A nursing home facility in this location is justifiable since there is no other similar facility in this portion of the County. However, the proposal depicts a site that is overbuilt. A revised design and layout of the site could make this facility more appropriate at this location. Impact on Environmental, Cultural, and Historic Resources: There is no impact on cultural or historic resources. There are no significant environmental features impacted by this development. However the intensive development of the site is requiring other land on other properties to be impacted. With appropriate scaling the level of development on this site would avoid these impacts. Anticipated impact on public facilities and services: Streets: Off -site grading and access easements will be required for the grading on adjacent property owned by Albemarle County (Cale Elementary and Monticello Fire - Rescue Station road /site). It is recommended that the applicant obtain the appropriate agreements from adjacent property owners to allow the improvements that would occur on their property. It is also recommended that the plan be revised to show design of the ultimate road section in this location, from Mill Creek Drive to the ZMA 2011 - 00006, Albemarle Health and Rehab Center, SP 2011 - 00014, Nursing Home Planning Commission Public Hearing, October 18, 2011 Staff Report, Page 6 development entrance. This road section was shown on the Fire Station plans and prior county planning documents. Staff is recommending that the road be built to state standards and reserved for future dedication upon demand of the county. The applicant has not addressed either the road design to state standards or reservation of right of way at this time. Staff has recommended that the applicant consider providing access to at least one other adjacent site. See Attachment E for VDOT comment. Schools: No residential units are proposed, so no impacts are expected on the schools. See Attachment F for school comments. School representatives have noted that the applicant has not contacted the Schools and Education Department regarding the needed grading easements. Fire and Rescue: The Monticello Fire /Rescue Station off Mill Creek Drive is the nearest station and is located just north to this site. Utilities: The sanitary sewer and water lines and easements should consider the county's long range plans for the property. The site will be serviced by public water and sewer. No immediate or significant service capacity issues have been identified by Rivanna Water and Sewer Authority (RWSA). (See Attachment G ) Albemarle County Service Authority (ACSA) comments are attached (Attachment H). Anticipated impact on nearby and surrounding properties: As previously mentioned in this report, this proposal anticipates grading and easements on adjacent properties. A stormwater facility is proposed on the adjacent school property. Access onto this property needs to be provided via the existing fire /rescue property. Permission or agreements from the adjacent property owners have not been provided verifying that these activities will be allowed. An additional impact anticipated on the surrounding properties is an increase in traffic once the nursing home facility is constructed and occupied. PROFFERS The applicant has not provided proffers. Staff believes there are opportunities for appropriate proffers that should be included with this rezoning application request. For example, some permitted uses could be proffered out, site design revisions, supporting facilities, access, etc. Waivers Waiver of Section 21.7 (b), Minimum Yard Requirements: The applicant is requesting a waiver of Chapter 18, Section 21.7 (b) of the Zoning Ordinance, which requires that no portion of any structure in a commercial district be located closer than 50 feet to any residential or rural area district. Because the proposed building takes up most of the site, there are areas where the building will encroach on an adjacent residential district. An area where this occurs is the adjacent residual parcel subdivided from the subject. It is unknown what will occur with this parcel. If this waiver is to be granted, some form of a buffer should occur in this portion of the site to provide privacy and noise attenuation from a potential residence that could be developed on the adjacent parcel (TMP: ZMA 2011 - 00006, Albemarle Health and Rehab Center, SP 2011 - 00014, Nursing Home Planning Commission Public Hearing, October 18, 2011 Staff Report, Page 7 91 -12). Parcel 91 -1, owned by the Albemarle County Service Authority, also has a portion of undeveloped land that is zoned R -1. The applicant states that not having an actual residence on the adjacent parcels even though they are located in residential districts justifies the encroachment. Staff believes that in this instance the encroachment relates to a parcel that is vacant and could develop with a residential use. Furthermore staff questions the intent of the adjacent residual parcel, which the applicant is proposing to subdivide from the parcel, particularly since this portion of the property could be used to help accommodate the proposed development and eliminate or reduce the need for off -site grading, construction, stormwater and waivers of buffers, landscaping and yard requirements. (See Attachment 1) Staff does not recommend approval of the waiver. Redesign of the site and /or a smaller building size could help relieve this issue. Waiver of Section 21.7 (C), Required Buffers: 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. The proposed design layout of the site is such that the travelway which is right up against the property line will encroach 15 feet in what should be a 20 foot buffer. With the exception of the Dominion Crane and Rigging Inc. (TMP: 91 -1 D) site, which is zoned Light Industrial, all other adjacent properties are zoned for residential uses, but do not actually have residential uses on them. The applicant justifies his request for a waiver because even though the adjacent properties are zoned for residential uses, none of them actually have residential uses on them. Staff believes some type of buffer or condition for a future buffer needs to be in place in case any or all of the adjacent properties develop or redevelop with residential uses. Also, all the adjacent properties except for the Dominion Crane and Rigging Inc. property are zoned for residential use. The Comprehensive Plan Land Use Plan also designates all adjacent properties for residential uses with the exception of a small portion of the Dominion Crane and Rigging Inc. property and the Cale Elementary School property which are designated for Institutional uses. Fencing or landscaping could be provided in order to provide privacy and noise attenuation for the adjacent properties. A re- design of the layout of this site could help the fact that the applicant is overdeveloping on the parcel. Staff does not recommend approval of the waiver. The applicant needs to provide some form of buffer or the ability to provide a buffer should the need for a buffer become an issue. Waiver of Section 32.7.9.8 (c) Required Screening The applicant is requesting a waiver of Chapter 18, Section 32.7.9.8 (C) of the Zoning Ordinance, which requires screening of commercial uses from adjacent residential and rural areas districts. The Zoning Ordinance requires parking lots consisting of four (4) spaces or more be screened from adjacent residential and rural areas districts. The applicant states that waiving the required screening will promote efficient land use, permit a unique site to be developed with a unique use at a unique location. The applicant describes the adjacent school and utility uses as not accessible to the public from the subject property due to topography of the land. While this may be accurate, screening not only protects the residential and ZMA 2011 - 00006, Albemarle Health and Rehab Center, SP 2011 - 00014, Nursing Home Planning Commission Public Hearing, October 18, 2011 Staff Report, Page 8 rural areas from the disturbances of a commercial use, but can be advantageous from a visual standpoint for adjacent properties. Again staff believes that some level of screening would be helpful, particularly with adjacent properties that could be developed. If the site design were revised and parking was relegated some of these issues on the subject parcel could be resolved or at least the impact might not be as extensive with regards to the adjacent parcels. Staff cannot recommend approval of the waiver at this time. Redesign of the site and a smaller building could help relieve some of the issues that the applicant is requesting be waived. It appears this site is too small. Creative design of the site and building could be helpful to accommodate the level of use proposed in this application. While staff does not believe full screening of the nursing home use is needed, some level of screening would be beneficial given the intensive level of development and the proximity of parking to the property lines. Appropriate conditions for the special use permit could also help address this concern. Waiver of Section 4.12.4(a), Exceeding the maximum parking by more than 20% The applicant is requesting a waiver of Chapter 18, Section 4.12.4(a) of the Zoning Ordinance, which requires that the amount of parking spaces in a parking area not exceed the number of spaces required by more than twenty (20) percent. The applicant feels that the proposed use will need more parking than the required amount. The information provided in the waiver request is not clear and staff needs additional information in order to complete the review of this waiver request; therefore, staff cannot recommend approval of this waiver at this time. (See Attachment J) Staff Comment on SP 2011 - 00014 - Request for Nursing Home Facility Use in the PD- MC Planned Development Mixed 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 substantial detriment to adjacent properties is anticipated from the requested nursing home and rehabilitative services use. However, the plan shows off -site improvements and no agreements have been secured from any adjacent owners for this off -site work. Will the character of the zoning district change with this use? The character of the zoning district could change and become more commercial in character than the residential intent of the R -1, residential district. However, staff does not believe the proposed use will be detrimental to the area, since there is a true mix of uses in the vicinity already, and the proposed use and zoning district is generally in keeping with the surrounding character of the neighborhood. Will the use be in harmony with the purpose and intent of the zoning ordinance? The PD -MC district has characteristics that tend to be more large scale commercial in nature than residential. However, nursing home facility uses are permitted in the PD -MC district with a special use permit. Although at a smaller scale, the proposed nursing home facility is in harmony with the purpose and intent of the zoning ordinance. Will the use be in harmony with the uses permitted by right in the district? This area contains a wide mix of existing uses; some public facilities, small scale strip commercial development and some residential uses. Nursing home uses are allowed in the ZMA 2011 - 00006, Albemarle Health and Rehab Center, SP 2011 - 00014, Nursing Home Planning Commission Public Hearing, October 18, 2011 Staff Report, Page 9 PD -MC district with a special use permit. With the appropriate buffers, the nursing home use seems appropriate with the permitted by right uses in the district. Will the use comply with the additional regulations provided in Section 5.0 of this ordinance? Section 5.1.13 Rest Home, Nursing Home, Convalescent Home, Orphanage is applicable to the proposed nursing home use and each regulation is addressed below a. Such uses shall be provided in locations where the physical surroundings are compatible to the particular area; The proposed use is located in the Development Area. b. No such use shall be established in any area either by right or by special use permit until the Albemarle County fire official has determined that adequate fire protection is available to such use; The proposed use is located adjacent to the Monticello fire /rescue facility. c. Generally such uses should be located in proximity to or in short response time to emergency medical and fire protection facilities. Uses for the elderly and handicapped should be convenient to shopping, social, education and cultural uses; The proposed use is adjacent to the Monticello fire /rescue station. Across Mill Creek Drive, which is the access road for the proposed site, is a shopping center. Downtown Charlottesville, PVCC, Monticello High school, Cale Elementary school, and Tandem Friends School are all located fairly nearby. d. No such use shall be operated without approval and, where appropriate, licensing by such agencies as the Virginia Department of Welfare, the Virginia Department of Health, and other such appropriate local, state and federal agencies as may have authority in a particular case. The appropriate approval and licensing will be completed by the applicant. 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 are no safety concerns with the proposed nursing home use. SUMMARY Staff has identified the following factors, which are favorable to this rezoning request: 1. Development of the property as a nursing home is consistent with the Comprehensive Plan designation. 2. This rezoning request provides a need and service for the elderly in a portion of the County that does not have a similar use. Staff has found the following factors unfavorable to this rezoning: 1. The proposal for the site is so overdeveloped that the design requires grading, and easements, on the adjacent properties for retaining walls, access road, and stormwater management. ZMA 2011 - 00006, Albemarle Health and Rehab Center, SP 2011 - 00014, Nursing Home Planning Commission Public Hearing, October 18, 2011 Staff Report, Page 10 2. No permission has been received from adjacent property allowing permission for the necessary grading /easements on the subject property. Without permission this project will not be able to be developed as proposed. 3. The applicant is requesting a waiver to provide over 20 percent more parking on the site than what is required by the Zoning Ordinance. 4. Multiple waiver requests for buffer, landscape and minimum yard requirements (along with off -site stormwater management and grading indicates the proposal overdevelops the site. RECOMMENDATION Staff believes that a nursing home facility proposal could be made in this location that would be in keeping with the County's Comprehensive Plan. However, based on the factors noted as unfavorable in this report, staff recommends denial of this rezoning. Staff recommends denial of SP 2011 - 00014, Albemarle Health and Rehab Center based on the factors noted as unfavorable in this report. Should the Commission determine that the nursing home use is appropriate; the items listed below should be addressed prior to approval of the zoning map amendment and special use permit: 1. The applicant is showing too much development for the site; the square footage of the building should be reduced so that the building and sufficient parking meet ordinance requirements. If any easements are necessary from adjacent property owners, the applicant should show that the adjacent owners are willing to grant these easement(s) in order to demonstrate that he will have a developable project. 2. Details regarding the road from the fire /rescue station to the direct entrance to the site need to be worked out with the County. Will there be a reservation for future dedication and built to state standards? If this is a private road a maintenance agreement will need to be worked out. 3. Provide information from the Thomas Jefferson Foundation confirming that this project is not visible from Monticello. 4. Provide clarification regarding the parking waiver request. 5. Based on existing facilities similar to the proposed use, JAUNT would expect to make frequent trips to serve residents. JAUNT's preference is to have a designated building entrance for JAUNT to use, with a covered (11 ft min vertical clearance), accessible bus loading area. Please provide this detail on your plan. WAIVERS Staff recommends denial of waiver requests of Section 21.7(b) of Zoning Ordinance for Minimum Yard Requirements; Section 21.7 (C) for Required Buffers; Section 32.7.9.8 (c ) for Required Screening; and Section 4.12.4(a for Exceeding the maximum parking by more than 20% based on the factors noted as unfavorable in this report. PLANNING COMMISSION MOTION — Zoning Map Amendment: A. Should a Planning Commissioner choose to recommend approval of this zoning map amendment with waivers: Move to recommend approval of ZMA 2011 - 00006, Albemarle Health and Rehab Center with waivers. B. Should a Planning Commissioner choose to recommend denial of this zoning map amendment with waivers: ZMA 2011 - 00006, Albemarle Health and Rehab Center, SP 2011 - 00014, Nursing Home Planning Commission Public Hearing, October 18, 2011 Staff Report, Page 11 Move to recommend denial of ZMA 2011 - 00006, Albemarle Health and Rehab Center with waivers, based on the recommendation of staff. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. PLANNING COMMISSION MOTION — Special Use Permit: A. Should a Planning Commissioner choose to recommend approval of this special use permit with waivers: Move to recommend approval of SP 2011 - 00014, Albemarle Health and Rehab Center with waivers. B. Should a Planning Commissioner choose to recommend denial of this special use permit with waivers: Move to recommend denial of SP 2011 - 00014, Albemarle Health and Rehab Center with waivers based on the recommendation of staff. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENT A: Location Map ATTACHMENT B: Zoning Map ATTACHMENT C: Comprehensive Plan Land Use Plan Map ATTACHMENT D: Application Plan, dated June 20, 2011 ATTACHMENT E: Electronic Mail from Joel DeNunzio, dated July 28, 2011 ATTACHMENT F: Memo from Joseph P. Letteri, dated July 14, 2011 ATTACHMENT G: Electronic Mail from Victoria Fort, dated July 14, 2011 ATTACHMENT H: Electronic Mail from Alex Morrison, dated July 15, 2011 ATTACHMENT I: Letter and waiver requests from Justin Shimp, dated August 30, 2011 ATTACHMENT J: Memo from Francis MacCall, dated September 30. 2011 ZMA 2011 - 00006, Albemarle Health and Rehab Center, SP 2011 - 00014, Nursing Home Planning Commission Public Hearing, October 18, 2011 Staff Report, Page 12