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HomeMy WebLinkAboutZMA200800007 Action Letter 2010-01-19COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 November 25, 2009 Sara V. Salmon, DVM 1591 Reynovia Drive Charlottesville, Va 22902 RE: ZMA200800007 & SP200800067 ATNA Building Tax Map 32, Parcel 48 Dear Ms. Salmon: The Albemarle County Planning Commission, at its meeting on October 20, 2009, recommended approval of the above -noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: Action on ZMA 2008-007 RECOMMENDED APPROVAL, by a vote of 6:0, for ZMA-2008-0007 with the proffers noted in the staff report, amended as discussed, so that the proffers are corrected before the Board of Supervisors meeting, which would include the addition of the sidewalk along the western side of the entrance and the uses to be included would be Section 23.2.1 By Right and Section 22.2.1 b 1, 3, 5, 12, 17, 18, 19, 20, 26 and 27. All of the uses in A would be left out. The following uses in Section 22.2.2 By Special Use Permit would also be left out, 1, 4, 8, 12, 13. Action on SP 2008-067 The Planning Commission, by a vote of 6:0, recommended approval of SP -2008-067 with staff's recommended conditions, as follows: 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 bythe 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. 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. Action on the Waivers: The Planning Commission, by a vote of 6:0, approved the following waivers: 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. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on December 9, 2009. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincerely, Claudette Grant Senior Planner Planning Division cc: Airport Office Center Llc C/O Virginia D Hahn 107 Dogwood Ln Radford Va 24141 POLICY SUBMISSION OF MATERIALS FOR ZONING APPLICATIONS It is the Board's preference that a public hearing should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staff will advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy. Final signed proffers shall be submitted to the County no later than nine days prior to the date of the advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing resulting from comments received from the public or from Board members at the public hearing. This Zoning Policy will be included in the Board's Rules of Procedure for adoption each year, so that the policy can be re-examined annually.