HomeMy WebLinkAboutCPA200900002 Legacy Document 2010-08-05FINAL ACTIONS
Planning Commission Meeting of July 27, 2010
AGENDA ITEM/ACTION
FOLLOW-UP ACTION
1. Call to Order.
• Meeting was called to order at 6:00 p.m.
by Mr. Zobrist. PC members present
were Mr. Morris, Mr. Franco, Mr. Smith,
Mr. Lafferty, Ms. Porterfield, and Mr.
Zobrist, Vice Chairman. Absent was Mr.
Loach, Chairman. Ms. Monteith was
present.
• Staff members present were Claudette
Grant, Eryn Brennan, Judy Wiegand,
Sarah Baldwin, Margaret Maliszewski,
Summer Frederick, Bill Fritz, Mark
Graham, David Benish, Wayne
Cilimberg, Sharon Taylor, and Greg
Kam tner.
2. From the Public: Matters Not Listed for
Clerk:
Public Hearing on the Agenda.
No action required
Morgan Butler, with the Southern
Environmental Law Center, voiced his
surprise in seeing that the Riverfront
Townhomes item had been relegated to the
consent agenda tonight as the proposal
disturbs nearly a half an acre of critical
slopes on a steep parcel that borders the
Rivanna River, which is on the Virginia
Department of Environmental Quality's list
of impaired waters. Because of the very
sensitive nature of this parcel he believed
that the Planning Commission should be
extremely reluctant to grant a critical slopes
waiver to allow a greater disturbance than
what can be done by right. He also urged
the Planning Commission to have critical
slope waivers for parcels that include or
border impaired waterways like the Rivanna
come before them as regular agenda items
in the future rather than on the consent
agenda.
3. Review of Board of Supervisors Meeting
No action required
— July 14, 2010
4. Consent Agenda
Clerk:
• Finalize minutes for signature
Approval of Minutes
June 15, 2010
• Action Letter —SDP -2010-00043 Riverfront
Townhomes — Approved waiver of Section 18 -
SDP -2010-00043 Riverfront Townhomes
4.2.5(a) to allow disturbance of critical slopes.
PROPOSED: Construction of fourteen (14)
townhomes on 5.344 acres. Waiver to allow
disturbance of critical slopes. ZONING
CATEGORY/GENERAL USAGE: HC -
Highway Commercial: retail sales and
service uses; and residential use by special
use permit (15 units/ acre), and R15 -
Residential: high density residential use
with various housing types. SECTION: 18-
18.2.1(2) Semi-detached and attached
single-family dwellings such as duplexes,
triplexes, quadraplexes, townhouses, atrium
houses and patio houses provided that
density is maintained, and provided further
that buildings are located so that each unit
could be provided with a lot meeting all
other requirements for detached single-
family dwellings except for side. yards at the
common wall. 18-4.2.5(a) Request to waive
requirements found in Sec. 18-4.2.3.2, and
allow for disturbance of critical slopes.
COMPREHENSIVE PLAN LAND
USE/DENSITY: Greenspace in Urban Area
3. ENTRANCE CORRIDOR: No.
LOCATION: The south side of South
Pantops Drive, approximately 0.5 mile from
its intersection with Riverbend Drive. TAX
MAP/PARCEL: 78/20R. MAGISTERIAL
DISTRICT: Rivanna. (Summer Frederick)
APPROVED CONSENT AGENDA, by a
vote of 6:0.
5. Public Hearing:
Clerk:
• Action Letter — SP -2010-00008 will go before Board
SP -2010-00008 Canine Dog Clipper.
of Supervisors on a date to be determined with a
PROPOSED: Special Use Permit to allow a
recommendation for approval with staff's
commercial kennel. ZONING
recommended conditions as amended by the
CATEGORY/GENERAL USAGE: RA Rural
Planning Commission. (Attachment 1 —
Areas - agricultural, forestal, and fishery
Conditions of Approval)
uses; residential density (0.5 unit/acre in
development lots). SECTION: 10.2.2.17
. Waiver approved to sections 5.11.1(a) and
Commercial kennel.
5.11.1(b). [The waivers do not require Board
ENTRANCE CORRIDOR: No.
action.]
TAX MAP/PARCEL: 03500000000500.
MAGISTERIAL DISTRICT: Rivanna.
(Eryn Brennan)
• RECOMMENDED APPROVAL SP -
2010 -00008, by a vote of 6:0, with the
conditions recommended by staff, as
amended, and noted in Attachment 1.
• APPROVED WAIVERS, by a vote of
6:0, to sections 5.11.1(a) and 5.11.1(b)
of the Zoning Ordinance.
6. SP -2010-00006 Baugh Auto Body.
Clerk:
PROPOSED: Special Use Permit to
• Action Letter — SP -2010-00006 and SP -2010-00011
renovate existing building for auto body
will go before Board of Supervisors on a date to be
shop; no residential units proposed.
determined with a recommendation for approval
ZONING CATEGORY/GENERAL USAGE:
subject to the staff's recommended conditions in the
LI - Light Industrial - industrial, office, and
staff report, as amended by the Planning
limited commercial uses (no residential
Commission. (Attachment 2)
use). SECTION: 27.2.2 (11) Body Shops.
ENTRANCE CORRIDOR: Yes.
TAX MAP/PARCEL: 32-5B.
MAGISTERIAL DISTRICT: Rivanna
AND
SP -2010-00011 Baugh Auto Body —
Outdoor Storage.
PROPOSED: Special Use Permit for
outdoor storage of rental cars in association
with a proposed auto body shop.
TAX MAP/PARCEL: 32-513.
ENTRANCE CORRIDOR: Yes.
MAGISTERIAL DISTRICT: Rivanna
(Judy Wiegand)
RECOMMENDED APPROVAL OF SP -
2010 -00006 and SP -2010-00011, by a vote
of 6:0, subject to staff's recommended
conditions in the staff report, as amended
and noted in Attachment 2.
The Planning Commission took a break
at 7:30 p.m. The meeting reconvened at
7:39 p.m.
7. ZMA-2007-013 Fontaine Research Park
Clerk:
Expansion PROPOSAL: Rezone
• Action Letter — ZMA-20007-013 will go before
approximately 54 acres from CO
Board of Supervisors on a date to be determined
Commercial Office - offices, supporting
with a recommendation for approval subject to
commercial and service uses; and
amendments to the proffers and other expectations
residential use by special use permit (15
as discussed. (Attachment 3)
units/ acre) to PDMC Planned Development
Action Letter — FIVE (5) SPECIAL USE PERMITS —
Mixed Commercial - large-scale commercial
SP -2007-055; SP -2009-010; SP -2009-011; SP -
uses; and residential by special use permit
2009-013; and SP -2009-014, with recommendation
(15 units/ acre) to allow for an increase from
of approval subject to staff's recommended
565,000 square feet to 875,000 square feet
conditions in the staff report. (Attachment 3)
of office, laboratories, medical or
. Action Letter — Modification of Section 21.4 of the
pharmaceutical, research & development
Zoning Ordinance regarding height regulations with
activities, hospitals, and supporting
the expectation that the relationships of building
commercial space permitted in the research
heights to the roads will be properly referenced.
park. Three parking garages are proposed.
(Attachment 3)
No residential units are proposed. The
following Special Use Permits are in
conjunction with this rezoning:
SP200700055, SP200900010,
SP200900011, SP200900013, and
SP200900014. PROFFERS: Yes.
EXISTING COMPREHENSIVE PLAN LAND
USE/DENSITY: Office Service - office
uses, regional scale research, limited
production and marketing activities,
supporting commercial, lodging and
conference facilities, and residential (6.01-
34 units/acre). ENTRANCE CORRIDOR:
Yes. LOCATION: Adjacent to the
intersection of Ray C. Hunt Drive and
Fontaine Avenue in Neighborhood Six. TAX
MAP/PARCEL: TM 76, Parcels 17B, 17BW,
17BX, 17131, 17132, 17133, 17134, 17135,
17136, 17137, 17BB, 17BA and 17138.
MAGISTERIAL DISTRICT: Samuel Miller
AND
SP -2007-0055 Fontaine Research Park -
Parking Structures (Sign # 34 & 35).
PROPOSED: Parking Structures in Planned
Development - Mixed Commercial Zoning
District. This SP is in conjunction with
ZMA2007-00013.
SP -2009-00010 Fontaine Research Park -
Research & Development Activities (Sign
#34&35
PROPOSED: Research and development
activities in Planned Development - Mixed
Commercial Zoning District. This SP is in
conjunction with ZMA2007-00013.
AND
SP -2009-00011 Fontaine Research Park -
Laboratories, Medical or Pharmaceutical
PROPOSED: Laboratories, medical or
pharmaceutical in Planned Development -
Mixed Commercial Zoning District. This SP
is in conjunction with ZMA2007-00013.
SP -2009-00013 Fontaine Research Park -
Hospitals
PROPOSED: Hospitals in Planned
Development - Mixed Commercial Zoning
District. This SP is in conjunction with
ZMA200700013. 17133, 17134, 17135, 17136,
17137, 17BB, 17BA & 17138. MAGISTERIAL
DISTRICT: Samuel Miller
SP -2009-00014 Fontaine Research Park -
Supporting Commercial Uses (Sign # 34
& 35). PROPOSED: Supporting commercial
uses in Planned Development - Mixed
Commercial Zoning District. This SP is in
conjunction with ZMA-2007-00013.
(Claudette Grant)
RECOMMENDED APPROVAL OF ZMA-
2007-013, by a vote of 6:0, subject to
amendments to the proffers and other
expectations as discussed. (Attachment 3)
RECOMMENDED APPROVAL OF FIVE (5)
SPECIAL USE PERMITS — SP -2007-055;
SP -2009-010; SP -2009-011; SP -2009-013;
and SP -2009-014, by a vote of 6:0, subject
to staff's recommended conditions in the
staff report.
RECOMMENDED APPROVAL OF
MODIFICATION OF SECTION 21.4 OF
4
THE ZONING ORDINANCE, by a vote of
6:0, regarding height regulations with the
expectation that the relationships of building
heights to the roads will be properly
referenced.
8. Closed Meeting.
Clerk:
• By a vote of 6:0, the Planning
No action required.
Commission went into a closed meeting
pursuant to Section 2.2-3711(A) of the
Code of Virginia under Subsection (7) to
discuss with legal counsel and staff
specific legal issues regarding the case
styled as Kent Sinclair v. Albemarle
County Board of Supervisors, Albemarle
County Planning Commission, and other
defendants.
Certify Closed Meeting.
• By a vote of 6:0, the Planning
Commission certified by a recorded vote
that, to the best of each Commission
member's knowledge, only public
business matters lawfully exempted
from the open meeting requirements of
the Virginia Freedom of Information Act
and identified in the motion authorizing
the closed meeting were heard,
discussed or considered in the closed
meeting.
9. Old Business
Secretary:
• Action Letter — Crozet Master Plan 5 Year Update
CPA -2009-00002 Crozet Master Plan 5
will go to the Board of Supervisors with a
Year Update (Elaine Echols)
recommendation for approval on a date to be
determined.
• By a vote of 6:0, the Planning
Commission approved the changes
• Staff to report back to the Commission on the
made to CPA -2009-00002 Crozet
direction given by the Board regarding review of
Master Plan 5 Year Update and
the interstate interchange policy following the
recommended approval of the Crozet
Board's action on the Economic Vitality Action
Master Plan as redrafted to the Board of
Plan.
Supervisors.
• Joint City/County PC Work Session
scheduled for Tuesday, September 28
to receive the CHART transportation
presentation.
• The Commission discussed allowing the
applicant for the Yancey Business Park
CPA to make a full presentation of his
proposal to the Commission. While
there was no consensus to do this, the
Commission did agree that
consideration of the Yancey proposal
should be part of an overall study of the
interstate interchange policy for all 1-64
interchanges. Staff indicated that the
interstate interchange policy will be
coming to the Commission for review as
a result of Board of Supervisors'
initiatives.
10. New Business
Secretary:
• NO MEETING ON AUGUST 3, AND
None
AUGUST 10, 2010
• NEXT MEETING ON AUGUST 17,
2010
11. Adjourn to August 17, 2010, 6:00 p.m.,
Auditorium, Second Floor, County Office
Building, 401 McIntire Road, Charlottesville,
Virginia.
• The meeting was adjourned at 9:02
p.m.
Attachment 1 — SP -2010-00008 Canine Dog Clipper — Recommended Conditions of Approval
Attachment 2 — SP -2010-00006 Baugh Auto Body; SP -2010-00011 Baugh Rental Car Outdoor Storage —
Recommended Conditions of Approval
Attachment 3 — ZMA-2007-013 Fontaine Research Park Expansion — Recommended Amendments to the
Proffers;
SP -2009-013- Hospital — Recommended Conditions of Approval; and
SP -2009 -014 -Supporting Commercial Uses — Recommended Conditions of Approval
Modification to Section 21.4 — Recommended Conditions of Approval
0
Attachment 1 —
By a vote of 6:0, the Planning Commission recommends approval of SP -2010-00008 Canine Clipper Dog
Grooming and Boarding subject to staff's recommended conditions, as amended:
1. Development of the use shall be in accord with the conceptual plan titled "The Canine Clipper
Composite Plan", prepared by the applicant and dated April 15, 2010 (hereafter, the "Conceptual
Plan"), as determined by the Director of Planning and the Zoning Administrator. To be in accord
with the Conceptual Plan, the development shall reflect the following major elements within the
development essential to the design of the development:
• Kennel yard and house yard within fenced area
• Entrance gate
• Three structures: kennel, residence, and garage
• Fence circumscribing the entire site, including the three structures and the
kennel yard, house yard, and front yard
as shown on the Conceptual Plan. Minor modifications to the Plan which do not conflict with the
elements above may be made to ensure compliance with the Zoning Ordinance.
2. The number of dogs attending the Canine Clipper Dog Grooming and Boarding business during
the day shall not exceed, in the aggregate for both the grooming and boarding activities, 20 at
any one time (does not include personal pets owned by the applicant).
3. The number of dogs attending the overnight boarding business shall not exceed 10 (not including
personal pets owned by the applicant), or one dog per run, at any one time.
4. Dogs boarding overnight shall be kept inside between the hours of 10:00 PM and 6:00 AM,
except for occasional supervised trips outside.
5. The hours of operation for the Canine Clipper Dog Grooming and Boarding business shall not
begin earlier than 9 A.M. and shall end not later than 9 P.M., each day.
6. The number of customer trips generated for the dog grooming business shall not exceed eight (8)
trips per day.
7. 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
8. Approval of Waivers from Sections 5.1.11 (a) and (b) shall be required.
Action on Waivers from Section 5.1.11.b and 5.1.11.a:
By a vote of 6:0, the Planning Commission approved waivers from sections 5.11.1(a) and 5.11.1(b) of the
Zoning Ordinance for SP -2010-00008 Canine Clipper Dog Grooming and Boarding.
7
Attachment 2 -
SP -2010-00006 Baugh Auto Body; SP -2010-00011 Baugh Rental Car Outdoor Storage -
Recommended Conditions of Approval
By a vote of 6:0, the Planning Commission recommends approval of SP -2010-00006 Baugh Auto Body
and SP -2010-00011 Baugh Rental Car Outdoor Storage subject to staff's recommended conditions, as
amended.
1. Development of the use shall be in general accord with the conceptual plan entitled, "Baugh
Auto Body II, Special Use Permit Plan," prepared by Engineering Design Associates, and dated
May 25, 2010 (hereinafter, the "Special Use Permit Plan"), as determined by the Director of
Planning and the Zoning Administrator. To be in conformity with the plan, development shall
reflect the following major elements within the development essential to the design of the
development:
- location of parking areas
- relation of buildings and parking to the street
as shown on the Special Use Permit Plan, except that the landscaping and fencing location and
design may be modified to meet the requirements of the Architectural Review Board (ARB).
Minor modifications to the plan that do not conflict with the elements above may be made to
ensure compliance with the Zoning Ordinance.
2. The rental of passenger vehicles under SP -2010-00011 is permitted as an accessory use
associated with SP -2010-00006, Baugh Auto Body Shop.
3. Rental cars available on the site may only be rented to customers of the auto body shop.
4. The hours of operation for the auto body shop and accessory rental car use shall not begin
before 6:00 a.m. on Monday and shall not end later than 6:00 p.m. on the next Saturday.
5. The US 29 frontage and the perimeters of parking areas shall be improved with landscaping to
meet the Entrance Corridor guidelines. The landscaping shall be shown on a plan, to be
approved with the site plan amendment. The plan shall include identification of existing trees and
shrubs on the site, although trees and shrubs in the heavily wooded area on the south side of
the parcel need not be individually identified.
6. The design of the screening fence shall be subject to ARB approval. The fence shall be
supplemented with landscaping, which shall be subject to ARB approval. Sufficient area for
planting shall be provided, as determined by the ARB.
7. A planting island shall be added at the west end of the rental car parking row with plants as
determined by the ARB. The island and planting shall be shown on a plan, to be approved with
the site plan amendment.
8. Vehicles shall not be elevated anywhere on the parcel outside of the building.
9. Rental vehicles shall be parked only in the area indicated for rental car parking shown on the
Special Use Permit Plan. Rental car parking shall be only in designated striped parking spaces,
as identified on this plan. No parking shall occur in travelways. No sign identifying the rental car
use shall be visible from offsite locations.
10. No chain link, barbed wire, razor wire, or other similar fencing or attachments other than that
existing on the site on [date of Board of Supervisors approval] shall be installed on this parcel.
11. Existing site and exterior building lighting shall be brought into conformance with Section 4.17 of
the Zoning Ordinance.
12. No damaged vehicle awaiting repair shall be outside the building for longer than 48 hours, and
no damaged vehicle leaking fluids shall be stored outside.
M
Attachment 3 — Recommended Conditions of Approval
ZMA-2007-013 Fontaine Research Park Expansion;
SP -2007-0055 Fontaine Research Park - Parking Structures;
SP -2009-00010 Fontaine Research Park - Research & Development Activities;
SP -2009-00011 Fontaine Research Park - Laboratories, Medical or Pharmaceutical;
SP -2009-00013 Fontaine Research Park — Hospitals; AND
SP -2009-00014 Fontaine Research Park - Supporting Commercial
Action on ZMA-2007-013:
By a vote of 6:0, the Planning Commission recommended approval of ZMA-2007-013 Fontaine Research
Park Expansion subject to the following:
1. Revisions of proffers to provide that either: 1) the owner will construct the Sunset -Fontaine
Connector in the alignment reserved on the Application Plan at such time that the remainder of
the road is constructed off of the Fontaine Research Park property or 2) the owner shall
contribute cash to the County that is equal to the value of constructing the alignment onsite if the
Sunset -Fontaine Connector is not established in a location that utilizes the alignment reserved on
the Application Plan, and the cash would be applied to the cost of the acquisition, design,
engineering and construction of the Connector in the new alignment.
2. There is no requirement for a cash contribution proffer for further study of the Fontaine -Sunset
Connector.
3. Revisions of proffers to incorporate legal and acceptable technical wording recommended by staff
shall be completed before the ZMA goes to the Board of Supervisors.
4. The Applicant commits to a five (5) percent ceiling for supporting commercial uses as a condition
of SP -2009-014 Supporting Commercial Uses. There is no minimum amount required.
Action on Five (5) Special Use Permits:
• By a vote of 6:0, the Planning Commission recommended approval of the five (5) special use permits -
SP -2007-055; SP -2009-010; SP -2009-011; SP -2009-013; and SP -2009-014, as reflected in the staff
report, with the conditions as recommended by staff.
SP -2009-013 Hospital with the following conditions:
1. The hospital use shall be limited to 60 beds;
2. The use shall not commence until such time as appropriate state and federal approvals have
been obtained;
3. Site plan shall not be signed until fire official approval has been obtained;
4. The use shall be for inpatient medical rehabilitation and shall not provide emergency services.
SP -2009 -014 -Supporting Commercial Uses with the following condition:
1. The supporting commercial uses shall be limited to a maximum of five (5) percent of the square
footage allowed in the park. There is no minimum amount required.
Action on Modification:
By a vote of 6:0, the Planning Commission recommended approval of modification of Section 21.4 of the
Zoning Ordinance regarding height regulations with the expectation that the relationships of building
heights to the roads will be properly referenced.
0