HomeMy WebLinkAboutZMA200800007 Staff Report 2009-10-15ALBEMARLE 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
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rage i of L
Claudette Grant
From: DeNunzio, Joel D., P.E. [Joel.DeNunzio@VDOT.virginia.gov]
Sent: Thursday, October 08, 2009 12:28 PM
To: Claudette Grant
Subject: RE: ZMA2008-007 & SP2008-067 ATNA Building
Attachments: 0649-002-158 c501_09.tif
Claudette,
This entrance and sidewalk are on VDOT ROW. We actually built all this with the Route 649 road pian. I am
attaching the plan sheet for your review. Charles checked the sight distances today and they are fine also. The
section that you are considering having the applicant complete would be within the existing VDOT ROW and we
would need to issue a permit for the work but it should not be a problem.
Thanks
Joel
Joel DeNunzio, P.E.
Staff Engineer
434-293-0011 Ext. 120
joel.denunzio@vdot.virginia,gov
Attachment D
Original Proffers _X
Amendment
PROFFER STATEMENT
ZMA No. ZMA-08-007;SP2008-067 (ATNA Corp, LLC; VETSS, Inc)
Tax Map and Parcel Number: TMP 32-48: Lot A. Parcel ID: 03200-00-00-04800
Owner(s) of Record: ATNA Corporation, LLC
Date of Proffer Signature: September 1, 2009
0.78 acres to be rezoned from C -O to C -I
ATNA Corporation, LLC, is the owner (the "Owner") of Tax Map and Parcel Number TMP 32-48: Lot A.
Parcel ID: 03200-00-00-04800 (the "Property") which is the subject of rezoning application ZM.A No. ZNIA-
08-007, a project known as "ATNA BUILDING-VETSS HOSPITAL" (the "Project").
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the
conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified
above. These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the
conditions are reasonable.
1. The use of the property shall be limited to those uses allowed in the Zoning Ordinance(Ch 18) of Albemarle
County, Virginia by right under Section 23.2.1 (Permitted Uses- Commercial Office); by right under Section
22.2.1 a. (10) and b. (6), (15)(Permitted Uses- Commercial 1); and by special use permit under Section 22.2.2
(1), (4), (5), (8), (12), (13). All sections are in effect as of September 1, 2009. A copy of these ordinances are
attached as Exhibit A.
OWNER A 770/�,I / LLL%
By SQA C SA LM o til
Title: Ai 1N A C) RPOf/M i to f�) LL (�
OWNER
c
By V 5(A L tnC)�j i�'.OF)
Title: `L�vl [U`,C , C�,q COK POk°jqT C),)_l UC
Attachment E
C% r i k LI I I r3 I I
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 23
COMMERCIAL OFFICE - CO
Sections:
23.1 INTENT, WHERE PERMITTED
23.2 PERMITTED USES
23.2.1 BY RIGHT
23.2.2 BY SPECIAL USE PERMIT
23.3 ADDITIONAL REQUIREMENTS
23.1 INTENT, WHERE PERMITTED
CO districts are hereby created and may hereafter be established by amendment to the zoning map
to permit development of administrative, business and professional offices and supporting
accessory uses and facilities. This district is intended as a transition between residential districts
and other more intensive commercial and industrial districts.
23.2 PERMITTED USES
23.2.1 BY RIGHT
The following uses shall be permitted in any CO district, subject to the requirements and
limitations of these regulations:
I . Administrative and business offices.
2. Professional offices, including medical, dental and optical.
3. Financial institutions.
4. Churches, cemeteries.
5. Libraries, museums.
b. Accessory uses and structures incidental to the principal uses provided herein. The aggregate
of all accessory uses shall not occupy more that twenty (20) percent of the floor area of the
buildings on the site. The following accessory uses shall be permitted:
-Eating establishments;
-Newsstands;
-Establishments for the sale of office supplies and service of office equipment;
-Data processing services;
-Central reproduction and mailing services and the like;
18-23-1
Zoning Supplement 454, 8-5-09
U r i i iL,�• . .. I 1
ALREMARLE COUNTY CODE
-Ethical pharmacies, laboratories and estabishments for the production, fitting and/or sale of
optical or prosthetic appliances on sites containing medical, dental or optical offices;
-(Repealed 3-17-82)
-Sale/service of goods associated with the principal use such as, but not limited to: musical
instruments, musical scores, text books, artist's supplies and dancing shoes and apparel;
(Added 12-3-86)
-Barber shops; (Added 8-5-09)
-Beauty shops. (Added 8-5-09)
Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. (Amended 5-12-93)
8. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended I1-1-89)
9. Temporary construction uses (reference 5.1.18).
10. Dwellings (reference 5.1.21). (Added 3-17-82)
11. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92)
13. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-01)
14_ Tier 1 and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(§ 20-23.2.1, 12-10-80; 3-17-82; 3-5-86; 12-3-86; 11-1-89; 9-9-92; 5-12-93; Ord_ 01-18(6), 10-9-01 ; Ord.
04-18(2), 10-13-04; Ord. 09-18(6), 8-5-09)
23.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved kby the board of
supervisors pursuant to section 31.2.4:
L Hospitals.
2. Funeral homes.
3. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio -wave transmission and relay towers, substations and appurtenances.
18-23-2
Zoning Supplement 954, 8-5-09
ux rT I u i I /" --I j!
ALBEMARLE COUNTY CODE
4. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
5. Commercial uses otherwise permitted having drive-in windows (Added 11-7-84)
6. School of special instruction. (Added 1-1-87)
7. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). (Added 1-1-87)
8. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential R-15. in compliance with regulations set forth therein and such conditions as may
be imposed pursuant to section 31.2.4. (Added 6-19-91)
10. Hotels, motels and inns (reference 9.0). (Added 6-19-91)
11. Supporting commercial uses (reference 9.0). (Added 6-19-91)
12. Research and development activities including experimental testing. (Added 6-19-91)
t3. Laboratories, medical or pharmaceutical. (Added 6-10-92)
14, tndoor athletic facilities. (Added 9-15-93)
15. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(§ 20-23.2.2, 12-10-80; 11-7-84; 1-1-87; 6-14-89; 6-19-91; 6-10-92; 9-15-93; Ord. 03.18(1), 2-5-03; Ord.
04-)8(2), 10-13-04)
23.3 ADDITIONAL RE, QUIREWNTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within all CO districts.
18-23-3
Zoning Supplement #54, 8-5-09
yr i) t I I, I I
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 22
COMMERCIAL - C-1
Sections:
22.1 INTENT, WHERE PERMITTED
22.2 PERMITTED USES
22.2.1 BY RIGHT
22.2.2 BY SPECIAL USE PERMIT
22.3 ADDITIONAL REQUIREMENTS
22.1 INTENT, WHERE PERMITTED
C-1 districts are hereby created and may hereafter be established by amendment to the zoning map
to permit selected retail sales, service and public use establishments which are primarily oriented
to central business concentrations. It is intended that C-1 districts be established only within the
urban area, communities and villages in the comprehensive plan. (Amended 9-9-92)
22.2 PERMITTED USES
22.2. 1 BY RIGHT
The following uses shall be permitted in any C-1 district subject to the requirements and
limitations of these regulations. The zoning administrator, after consultation with the director of
planning and other appropriate officials, may permit as a use by right, a use not specifically
permitted; provided that such use shall be similar to uses permitted by right in general character
and more specifically, similar in terns of locational requirements, operational characteristics,
visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.0.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary
and wine and cheese shops.
7. Furniture and home appliances (sales and service).
18-22-1
Zoning Supplement tt6, 12-30-99
ALBEMARLE COUNTY CODE
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
It. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
b. The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Churches, cemeteries.
4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries, dry cleaners.
11, Laundromat (provided that an attendant shall be on duty at all hours during operation).
12. Libraries, museums.
13. Nurseries, day care centers (reference 5.1.06).
14. Eating establishments.
15. Tailor, seamstress.
16. Automobile service stations (reference 5.1.20).
17. Electric, gas, oil and communication facilities excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority. (Amended 5-2-93)
18-22-2
Zoning Supplement 06, 12-30-99
c/� 17 r c) I r /—I ` I /
ALBEMARLE COUNTY CODE
18. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 312.5); public water and sewer transmission, main or trunk lines
treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5; 5.1,12). (Amended 1 1-1-9)
19. Temporary construction uses (reference 5. i .1).
20. Dwellings (reference 5.1.21).
21. Medical center.
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
24. Indoor athletic facilities. (Added 9-15-93)
25. Farmers' market (reference 5.1.36). (Added 10-11-95)
26. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
27. Tier I and Tier Il personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(§ 20-22.2.1, 12-10-80; 6-3-81; 3-5-86; 9-9-92; 5-2-93; 9-14-93; 10-11-95; Ord. 02-18(6), 10-9-02; Ord.
04-18(2), 10-13-04)
22.2.2 BY SPECIAL USE PERNUT
The following uses shall be permitted only by special use permit approved by the board of
supervisors pursuant to section 31.2.4:
1. Commercial recreation establishments including but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended 1-1-83)
2. Electrical power substations, transmission lines and related towers; gas or oil transmission
Lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio -wave transmission and relay towers, substations and appurtenances.
3. Hospitals.
4. Fast food restaurant.
5. Veterinary office and hospital (reference 5.1.11).
6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the
comprehensive plan. (Added 6-1-83)
18-22-3
Zoning Supplement #30, I0-13-04
ALBEMARLE COUNTY CODE
9. Stand alone parking and parking structures (reference 4,12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
10. Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92)
11. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
12. Body shop. (Added 9-9-92)
13. Animal shelter (reference 5.1.11). (Added 6-16-99).
14. Tier llI personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(§ 20-22.2.2, 12-10-80; 1-1-83; 6-1-83; 11-7-84; 6-14-89; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04)
22.3 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within all C-1 districts. (Amended 3-17-82; 7-10-85)
18-22-4
Zoning Supplement U30, 10-13-04
rol
John McNair and Associates, Inc.
1 Consulting Engineers, GIS Specialists
Sara V Salmon, DVM
1591 Reynovia Drive
Charlottesville, VA 22902
109 S Wayne Ave, Waynesboro, Virginia 22980
540-942-1161 • FAX: 540-942-1163 • E-MAIL: jma@brucheum.com
July 15, 2009
Re: Clarification of Second Sound Study Report for 1540 Airport Road
Dated June 30, 2009
Dear Dr Salmon:
Per your request, this letter further clarifies the written report of the second sound study
conducted at 1540 Airport Road.
In paragraph 3, I refer to the 3 points along the property line labeled "A", "B", and "C" on the
supplemental site plan at which sound was measured from point "D", which is the future location
of the canine elimination yard. Point "D" is the source of the sound (the recording of barking and
howling dogs). The description of location "from the road to the back of the property" simply
refers to the 3 sites' locations relative to Airport Road progressing to the back of the property.
They are clearly indicated on the supplemental site plan.
1 did not describe the final sound measurements taken when we moved the source of the sound to
the front of the building to approximate the entrance point to the hospital. This location is
indicated on a supplemental site plan as point "E". Our intention was to define any noise which
might be created as dogs initially enter the hospital. The results indicated that there is no
additional sound impact along the property line by moving the source of sound near the entrance
to the building. As reported earlier, the sound levels measured at points "A", "B", and "C" were
50 dba, 52 dba, and 46 dba, respectfully.
Thus, as stated in prior reports: the exterior sounds recorded during the playing of the sounds of
barking dogs at multiple locations along the property line are well within the requirements of
Section 5. 1.11 (b) of the Albemarle County Zoning Code. This section pertains to sound
requirements for "Commercial Kennel, Veterinary Service, Office or Hospital, Animal Hospital,
Animal Shelter".
Respectfully submitted,
John W. McNair, Jr, PE, LLS, BCEE, FASCE
-0`
jOHN W. McNA1R1E.
L.i.c. No. W? -158
Attachment F
� 0)
0 ER Jsr rTl
06/30/2009 11:19 5409421'"q JOHN MCNAIR ASST mut nZ/nz
John McNair and
Inc. 1.o9 Wayne Ave Wavnesboro. Virginia 229$2
540-942-1161 - AX: 540-942-1163 • E-MAIL. ima@brucheum.com
Coruulung,Engrnom G.iSSp—ahsrs
i
June 30, 2009
Sara V. Salmon, DVM
1591 Reynxovia Drive
Charlottesville, VA 22902
Re: Sound Study Report on 1540 Airport Road - Supplement
Dear Dr. Salmon:
HN � �da/�1R JR
Lk— W 002158
This is a supplement to our report of May 29, 2009 pertaining to sound studies conducted at your
building at 1540 Airport Drive, Charlottesville, Virginia.
We conducted further studies on the afternoon of June 29, 2009, utilizing the same equipment
and audio record of barking and howling dogs. In this instance the recorder was placed at
ground level i a the proposed outside exercise area, designated Area "D" on your drawing. You
placed tables on tlaeiur sides (approximately three feet high) around Area "D". The location of the
recorder at ground level and the three foot tables simulated the condition that wi]I exist when you
build the proposed solid fence around the exercise area. The sound level at the recorder was
again set at 90 dba.
We took teadi,>vgs at three points on the property line, these points designated as "A", "B", and
"C", lettered from the road to the back of the property as shown on your drawing. The local
ambient sound levels at these point were 50 dba, 52 dba, and 46 dba, without the recorder
playing, it being understood that peak sounds up to approximately 70 dba caused by aircraft and
vebicles were ignored. That is, the tests of change in sound level due to the dogs were conducted
when there were not excessive sounds from the aircraft or vehicles.
In at[ three cases there was no detectable increase in sound when the recording was played at 90
dba. Thus, the recorded sound levels at "A", "B", and "C" (all at the property line) were 50 dba,
52 dba, and 46 dba, respectfully.
Thus, as stated in the May 29, 2009 report: The eNterior sounds recorded during the playing of
the record of dogs barking and bowling are well within the requiremcuts of Section 5.1.11 (b) of
the Albemarle County 7oning Code. This Section pertains to sound requirements for
"Commercial Kennel, Veterinary Service, Office or Hospital, Animal Hospital, Animal Shelter',
Respectfully submitted,
John W. McNair, Jr., PE, LLS, BCEE, FASCE
85/29/2009 17:13 54094211 JOHN MCNAIR ASF PAGE 02/03
Coruulcing ngineers, GIS S'Vedalist
jog s Way r Ave, Waynesh _rn V cinia 229_$Q
540-942-1161 • FAX: 540-942-1163 • E-MAM.- jma@brut le= -Com
May 29, 2009
Sara V. Salmon, DVM
1591 Reynovza Drive
Charlottesville, VA 22902
Re: Sound Study Report on 1540 Airport Road
Dean Dr, Salmon:
This is a report of our sound study conducted on the property at 1540 Airport Dfive,
Charlottesville, VA on May 28, 2009_ We first w=t to thaak you f6r your assistance with the
investigation. -
The building in question is a well -constructed sound -proof air conditioned building, The exterior
walls consist of 4" brick veneer, 1" air space, 1/2" insulated sheathing, 2" x 6" studs Nvi�th 6"
fiberglass insulation, and 5/8" gypsum board. Windows are 14i-Nif6maarnce insulated, all iia
accordance with architectural plans prepared by Keeney & Co., Arebuteets, 90 Whitewood Road,
Charlottesville, VA 22901, Telephone 434-978-2000, issued 6/19/89.
The closest residential Propel' Vie, delineated by a £epce, is approximately 70' (by pacing)
from the rear of tbf-- building. Other property lines are farther £tom the build -Lug.
We recorded ambient sound levels over a period in excess of 15 minutes from approximately 15'
inside the property line, or approximately 55' from the exterior wall of the building. The results
were: Maximum 70 dba, Minimum 45 dba, average 48 dba. The maxiznurn recorded resulted
from medium sized z'kczaft taking off at the adjacent airport. Langer jets, that were not present
during our study sessioa, would no doubt cause a sigDifxcautly higher sound level -
We thea placed a recorder with a record featuring the sounds of numerous barldaig and howling
dogs in the zoom that is the only room where animals will be kept. We set the decibel level of
this noise at 90 dba, a significant level judged to be at least as loud as actual barking dogs. We
recorded rhe exterior sound level with this record running and found xio increase in sound from
the average ambit at (48 dba) 55' from the building.
To check the windows, we placed the recorder in front of a kitchen wixidow in the exterior wall.
for this test we set the sound level at 96 dba. A souzzd zeadzn-g at 55' from the building showed
virtually no increase over the average ambient (48 dba). Actual reading was 49 dba, recognizing
that the ambient at that time may have varied £zona the average. A readLug appwxlmately three
feet outside the wi�adow showed a reading of 62 dba-..
Esc Msr=r A
.05/.29/2009 17:13 54094211E JOHN MCNAIR ASSF
Sound Study Report Page 2
Sara V- Saiznom, DVM
May 29, 2-009
The exterioz sounds recorded during the playing of the record of dogs barking and howling axe
well within the requixem.e3ts of Section. 5.1.11 (b) of the Albemarle County Zoning Code. This
Section pertains to sound requirements for "COM tt]ercial Kennel, Veterinary Service, Office or
Hospital, Animal Hospital, Ani'oaal Sheltex
Based on these results it is our opinion that animal noises emanating from this building will
cause no increase in noise at the property line, approxi.mately 70' fromthe rear of the building.
Since the building is scheduled to provide only emergency caxe £or x im.ajs and not include a
keDntl, we believe that our coxrcluslon is extremely conservative
RespeUf lly submitted,
John W. McNair, jr-,1'E, LLS, BCEE FASCE
2
)0HWw Rjk
LAc. No. M22M
Sara V Salmon, DVM
1591 Reynovia Drive
Charlottesville, VA 22902
July 20, 2009
VIA HAND DELIVERY
County of Albemarle
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, VA 22901-4596
ATTN: Ms Claudette Grant, Senior Planner
Re: ZMA-08-007 ATMA Building- Zoning Map Amendment
SP2008-067 ATNA Building -Special Use Permit
Dear Ms Grant.-
The
rant:
The purpose of this letter is to request a waiver of the footage requirement for
veterinary hospitals as set forth in A.C.C. Ch 18, Sec 5.1.11.b which governs the
location of sound -proofed confinements for animals and the noise allowed from
such confinements. The current regulation requires that no structure be located
closer than 200 feet to any residential or agricultural lot line. The existing building
at 1540 Airport Road, TMP 32-48, Lot A, lies approximately 50 feet from the
closest residential lot line.
In A.C.C. Ch 18, Sec 5.1.111, the requirement that noise measured at the
nearest residential or agricultural line shall not exceed fifty-five(55) decibels. This
requirement has been met as evidenced by two sound studies performed on May
28, and June 29, 2009, which indicated that the sound requirement was met at all
3 locations along the property line that were points of measurement, with results
of 50 dba, 52 dba, and 46 dba. The source of sound was located indoors and
outdoors in multiple locations to simulate the conditions that will exist when the
hospital has canine patients.(See attached sound study reports).
Furthermore, as indicated in the Supplementary Regulations below, the
Veterinary Emergency Treatment Service(VETS, Inc) which intends to re -locate
to 1540 Airport Road -Lot A does serve important public health, safety, and
welfare needs. As an emergency and critical care veterinary hospital, it provides
a unique service to the community NOT provided by other veterinary hospitals.
Attachment G
For example, VETS Inc saved the life of Albemarle County Police dog Ingo in
2004 when he suffered an acute abdominal emergency. Several months later, he
would save the life of his human police partner, and VETS, Inc again helped
eliminate his suffering, though his injuries were ultimately non -survivable.
The requirement may be waived as written in A.C.0 Ch 18, Sec 5.1 as follows:
5.1 SUPPLEMENTARY REGULATIONS
The following supplementary regulations apply to referenced uses in all districts
whether or not such uses are permitted by right or by special use permit. These
supplementary regulations are in addition to all other requirements of this
chapter, the Code, and all other applicable laws. Any requirement of section 5.0
may be modified or waived in an individual case, as provided herein:
a. The commission may modify or waive any such requirement upon a
finding that such requirement would not forward the purposes of this chapter or
otherwise serve the public health, safety, or welfare; or that a modified regulation
would satisfy the purposes of this chapter to at least an equivalent degree as the
specified requirement; except that, in no case, shall such action constitute a
modification or waiver of any applicable general regulation set forth in section 4.0
or any district regulation. In granting such modification or waiver, the commission
may impose such conditions as it deems necessary to protect the public health,
safety, or welfare.
b. The board of supervisors shall consider a modification or waiver of any
requirement of section 5.0 only as follows:
1. The denial of a modification or waiver, or the approval of a
modification or waiver with conditions objectionable to the developer may
be appealed to the board of supervisors as an appeal of a denial of the
plat, as provided in section 14-226 of the Code, or the site pian, as
provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or
waiver pertains. A modification or waiver considered by the commission in
conjunction with an application for a special use permit shall be subject to
review by the board of supervisors.
2. In considering a modification or waiver, the board may grant or
deny the modification or waiver based upon the finding set forth in
subsection (a), amend any condition imposed by the commission, and
impose any conditions it deems necessary for the reasons set forth in
subsection (a).
Please do not hesitate to contact me if further information is required concerning
the waiver requested.
Respectfully submitted,
,-4V 16, )v ---
Sara V Salmon, DVM
Sara V Salmon, DVM
1591 Reynovia Drive
Charlottesville, VA 22902
August 24, 2009
VIA EMAIL
County of Albemarle
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, VA 22901-4596
ATTN: Ms Claudette Grant, Senior Planner
Re: ZMA-08-007 ATNA Building -Zoning Map Amendment
SP2008-067 ATNA Building -Special Use Permit
Dear Ms Grant:
In response to your most recent letter dated August 19, 2009, I am requesting a waiver of
Chapter 19, Section 21.7(C) of the Code of Albemarle which requires the maintenance of
a 20 foot undisturbed buffer between residential and commercial properties in order to
enter the buffer zone and construct the privacy fence as described previously.
The existing forested buffer between the building at 1540 Airport Road and the
residences which are located behind it will be maintained. The ARB approved fence on
our site plan (currently under administrative review) will provide and enhance mutual
privacy for all landowners. Due to the location of the existing tree lines, we need not
remove trees in order to build this fence. The only disturbance to the buffer zone will be
the temporary construction while the fence built. We will then exit the buffer zone and
replace any vegetation which has been disturbed.
Sincerely,.
d�( !&_� h\ �
Sara V Salmon, DVM