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Home My WebLink AboutSDP200900004 Legacy Document 2009-08-27FINAL ACTIONS Planning Commission Meeting of August 18, 2009 AGENDA ITEM /ACTION FOLLOW -UP ACTION 1. Call to Order. • Meeting was called to order at 6:00 p.m. by Eric Strucko. PC members present were Mr. Morris, Ms. Porterfield, Ms. Joseph, Mr. Franco, Mr. Loach, Mr. Edgerton and Mr. Strucko. Julia Monteith was present. • Staff present was Elizabeth Moratta, Rebecca Ragsdale, David Benish, Wayne Cilimberg, Elaine Echols, Eryn Brennan, Bill Fritz, Glenn Brooks, Ron Higgins, Scott Clark, Sharon Taylor and Greg Kam tner. 2. From the Public: Matters Not Listed for No action required. Public Hearing on the Agenda. • None 3. Items Requesting Deferral — Clerk: • Action Letter — Deferral of SDP to a date to be SDP - 2007 -00119 Shelton determined. PropertV /Verizon Tower (Gerald Gatobu) APPROVED, by a vote of 7:0, the applicant's deferral request to a date to be determined subject to the condition that the application will be deemed withdrawn if the Planning Commission does not act on it prior to January 15, 2010. 4. Deferred Items — Clerk: • Action Letter — ZMA- 2005 -003 and four ZMA- 2005 -003 UVA Research Park -North associated SP's (SP- 2008 -15, SP- 2008 -62, Fork 63 and 64) (Attachment 1 — Conditions of AND Approval) SP- 2008 -00015 UVA Research Park Parkin Approved setback modification to Section AND 26.6. SP- 2008 -00062 UVA Research Park - Laboratories, medical, Pharmaceutical AND SP- 2008 -00063 UVA Research Park - Supporting Commercial Uses AND SP- 2008 -00064 UVA Research Park - Hotels, Motels, Inns • RECOMMENDED APPROVAL OF ZMA- 2005 -003, by a vote of 7:0, with the attached proffers with the additional changes. (Attachment 1) • RECOMMENDED APPROVAL OF SP- 2008 - 00015, concurrent with ZMA- 2005 -003. (no conditions) • RECOMMENDED APPROVAL OF SP- 2008- 00062, concurrent with ZMA- 2005 -003 with conditions. (Attachment 1) • RECOMMENDED APPROVAL OF SP- 2008- 00063, concurrent with ZMA- 2005 -003 with conditions. (Attachment 1) • RECOMMENDED APPROVAL OF SP- 2008- 00064, concurrent with ZMA- 2005 -003 with conditions. (Attachment 1) • APPROVED SETBACK MODIFICATION TO SECTION 26.6, by a vote of 7:0, to allow a setback reduction to allow buildings, including those exceeding 35 feet, to be reduced from 50 feet to 10 feet along public roads, including Airport Road and Lewis and Clark Drive. 5. Regular Item: Clerk: • Action Letter — SDP - 2009 -00004 - deferred to a SDP - 2009 -00004 Elledge Property (AT &T) date to be determined after the applicant's re- Preliminary submittal and review by staff. (Attachment 2) By a vote of 7:0, the Planning Commission accepted the applicant's request for deferral to the next available date after the applicant's re- submittal and review by staff. The Planning Commission requested additional information from staff be provided when this item comes back. (Attachment 2) The Planning Commission took a break at 8:42 p.m. and the meeting reconvened at 8:53 p.m. 6. Public Hearing Items Clerk: • Action Letter – CCP -North Fork Pump Station. CCP -North Fork Pump Station /Sewer [THIS IS NOT A MATTER SCHEDULED FOR Line Compliance w/ Comp Plan Review THE BOARD.] By a vote of 7:0, the Planning Commission found North Fork Regional Pump Station Project, as proposed, consistent with the Comprehensive Plan. 7. SP- 2008 -00009 Animal Wellness Center Clerk: • Action Letter - SP- 2008 -00009 will go before RECOMMENDED APPROVAL OF SP- Board of Supervisors at a date to be determined. 2008 - 00009, by a vote of 7:0, to allow reuse (Attachment 3 – Conditions of Approval) of an existing building for a veterinary clinic with staff's recommended conditions. • Approved modifications to Section 5.1.11b and (Attachment 3) waiver of alternative location of parking requirements of Downtown Crozet District with APPROVED Modification of Section conditions. (Does not go to BOS) (Attachment 5.1.11b minimum 200 foot setback 3 – Conditions of Approval) requirement and waiver of alternative location of parking location requirements of Downtown Crozet District, by a vote of 7:0, with conditions. 8. SP- 2009 -00016 Music Festival Clerk: • Action Letter - SP- 2009 - 00016. APPROVED SP- 2009 - 00016, by a vote of • SP- 2009 -00016 will go before Board of 7:0, to allow a special event at Misty Supervisors on September 9, 2009 with a Mountain Camp Resort with the conditions recommendation for approval. (Attachment 4 – recommended in the staff report, as Conditions of Approval) amended. 7. 0 Old Business • 8. • New Business There will be no meeting on August 25, 2009 and September 1, 2009. 9. Adjourn to September 8, 2009, Planning Commission Meeting at 6:00 p.m., Auditorium, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. The meeting was adjourned at 9:49 at p. M. Attachment 1 – Conditions of Approval for ZMA- 2005 -003 UVA Research Park -North Fork and Four (4) special use permits: SP- 2008 -00015 Parking Structure; SP- 2008 -00062 UVA Research Park; SP -2008- 00063 UVA Research Park; and SP- 2008 -00064 UVA Research Park Attachment 2 – SDP - 2009 -00004 Elledge Property (AT &T) Preliminary – Condition for Deferral Attachment 3 — SP- 2008 -00009 Animal Wellness Center - Conditions of Approval AND Modification and Waiver – Conditions of Approval Attachment 4 — SP- 2009 -00016 Music Festival - Conditions of Approval 3 ATTACHMENT 1 UVA RESEARCH PARK Motion on ZMA- 2005 -003: By a vote of 7:0, the Planning Commission recommended approval of ZMA- 2005 -003 UVA Research Park - North Fork with the attached proffers with the following additional changes. • Proffers 5.4.A and 5.4.C(3) modified to specify that LOS C average for the intersections with Route 29 in those proffers is the standard and that the individual movements may be LOS D, as long as the average is LOS C at those intersections with Route 29. • Proffer 5.3 Phases of Development- Modify or delete Maximum total build -out for General Office in Phase II and Phase III to be inclusive of all other approved uses Motion on SP- 2008 - 0015 - Parkina Structure: By a vote of 7:0, the Planning Commission recommended approval of SP- 2008 -00015 UVA Research Park - North Fork concurrent with ZMA- 2005 -003 with no conditions. Motion on SP- 2008 - 00062 - Laboratories, medical or pharmaceutical: By a vote of 7:0, the Planning Commission recommended approval of SP- 2008 -00062 UVA Research Park - North Fork concurrent with ZMA- 2005 -003 with conditions. 1. Laboratories shall be subject to Section 4.14 Performance Standards of the ordinance and a Certified Engineers Report is required pursuant to Section 4.14.8 of the Zoning Ordinance. 2. Laboratory buildings shall not be less than 30 (thirty) feet from the perimeter buffer areas to adjoining properties not located within the development, unless modified by the Director of Planning. The motion passed by a vote of 7:0. Motion on SP- 200800063 - Supporting Commercial Uses: By a vote of 7:0, the Planning Commission recommended approval of SP- 2008 -00063 UVA Research Park - North Fork concurrent with ZMA- 2005 -003 subject to the condition recommended by staff. 1. In addition to proffered limitation not to exceed five (5 %) percent of total floor area, commercial uses shall not exceed ten (10 %) percent of total floor area at any time during phased development. Motion on SP- 2008 - 00064 - Hotels, Motels, Inns: By a vote of 7:0, the Planning Commission recommended approval of SP- 2008 -00064 UVA Research Park — North Fork subject to the conditions recommended by staff. 1. Not more than one hotel, motel, or inn shall be permitted. Such hotel, motel, or inn shall not exceed two hundred fifty (250) lodging rooms. 2. Conference facilities (other than those as may be provided by individual occupants) shall not be required to locate internal to nor on the same site as the hotel /motel /inn, but total gross floor area of lodging and conference facilities shall not exceed 190,000 square feet. Motion on Modification to Setbacks: 4 By a vote of 7:0, the Planning Commission approved the modification to Section 26.6 to allow a setback reduction to allow for buildings, including those exceeding 35 feet in height, to be reduced from 50 feet to 10 feet along public roads, including Airport Road and Lewis and Clark Drive. 5 ATTACHMENT 2 SDP - 2009 -00004 Elledge Property (AT &T) Preliminary By a vote of 7:0, the Planning Commission accepted the applicant request for deferral to the next available date based on the applicant's submittal with one condition. Staff to provide information from The Natural Heritage Committee about potential mitigation measures that would be appropriate for this particular impact. 0 ATTACHMENT 3 SP- 2008 - 009 - Animal Wellness By a vote of 7:0, the Planning Commission recommended approval of SP- 2008 - 009 - Animal Wellness with the following conditions: 1. Development of the use shall be in accord with the concept plan, entitled "Animal Wellness" prepared by TCS Engineering Co., LLC and last revised July 14, 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: entrance relocation, general location of parking areas, 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. No overnight boarding use, other than for those animals under medical care shall take place at the veterinary hospital. 4. The building shall be sound - proofed in accordance with Section 5.1.11(b) and air - conditioned. 5. No outdoor exercise area shall be permitted. However, walking of animals is permitted and shall be separated from access by the public and limited to the area behind the building as identified in Attachment D. 6. Use shall not commence until the building is served by public sewer. Request for modification of Section 5.1.11.b- Approval • By a vote of 7:0, the Planning Commission approved the modification of the minimum 200 foot setback requirements with the condition that additional soundproofing around the existing windows be provided or for new windows they provide for adequate sound dampening. (Condition #4 above) Waiver to allow alternative location of parking area - Approval • By a vote of 7:0, the Planning Commission approved the waiver to allow alternative location of parking area, provided that the parking is screened in accordance with the DCD requirements and recommendations of the ARB. 7 ATTACHMENT 4 SP- 2009 -00016 Music Festival By a vote of 7:0, the Planning Commission recommended approval of SP- 2009 -00016 Music Festival with the following conditions: 1. The use shall conform to any existing applicable special use permits, including but not limited to SP 1994 -30, whose terms are hereby incorporated by reference. 2. Development of the use shall be in conformity with the Concept Plan entitled Misty Mountain Camp Resort SP2009 -16 Music Festival, prepared by Albemarle County Office of Geographic Data Services, and signed by Mike Leo and dated August 6, 2009, (hereinafter, the "Conceptual Plan "), as determined by the Director of Planning and the Zoning Administrator. To be in conformity with the plan, development shall reflect the following central features within the development essential to the design of the development: • location of temporary parking areas 1,2, and 3 • location of temporary stage • All activities related to the music festival shall take place within the area of the site bound by the Rockfish Gap Turnpike, Misty Mountain Road, Stockton Creek and the western parcel boundary. Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 3. A music festival special event shall be permitted once every twelve (12) month period, for a maximum of three (3) consecutive days consisting of one week day and two weekend days. Any increase in the number of special events shall require an amendment to this special use permit. 4. A maximum of fifteen (15) vendors shall be allowed to operate on any given day during the music festival. 5. Written approval from the Police Department, Fire and Rescue, and the Health Department shall be required each year prior to the issuance of a zoning clearance to allow the special event use. 6. No tree removal, grading, or disturbance shall take place within the driplines of the trees as shown on the Concept Plan prepared by Mike Leo, and dated March 25, 2009. Any grading or disturbance within ten (10) feet of any dripline shall necessitate submittal of a "Tree Protection Plan" in accord with section 32.7.9.4 of the Zoning Ordinance. No grading or disturbance within ten (10) feet of any dripline shall be permitted until a) a survey and fencing have been completed and b) the Planning Director approves a plan which shows the grading or disturbance and the surveyed dripline of the existing trees. 7. Hours of operation for the music event shall be between 12:00 p.m. and 10:00 p.m. 8. Off -site parking shall not be permitted. 9. The maximum number of people allowed on the site for the special event on each day shall not exceed 500 persons. 10. A maximum of 224 vehicles shall be allowed to be parked on site on any given day of the music festival. 11. A minimum of 20 private security, parking, and traffic control staff members shall be required on site each day of the music festival. W 12. Overnight camping outside the designated camping areas shall be prohibited. 13. All outdoor lighting shall be only full cut -off fixtures and shielded to reflect light away from all abutting properties. A lighting plan limiting light levels at all property lines to no greater than 0.3 foot candles shall be submitted to the Zoning Administrator or their designee for approval. 14. The maximum level of noise shall not exceed 65 dBA as measured from an adjacent property. 15. The applicant shall reseed and restore the parking area site(s) as required by the zoning administrator within 30 days of the last day of the special event. 16. The site shall be restored and cleared of all trash, debris, and temporary structures associated with the special event within two days after the final day of the special event. 17. Special use permit 2009 -16 shall be valid until June 30, 2011. 9