HomeMy WebLinkAboutSP201100014 Legacy Document 2011-08-09P,�
COUNTY OF ALBEMARLE
Department of Community Development
.401 McIntire Road, North Wing
Charlottesville, Virginia :22902 -4596
Phone (434)296 -5832 Fax (434) 972 -4126
August.5,' .2011
Mr.-Justin Shimp
Shimp Engineering
P.O. Box 11.13
'Troy, VA.22974
RE: ZMA201100006 and SP201100014 /Albemarle Health and Rehab Center
Dear-Justin:
Staff has reviewed your initial submittal to rezone 5.38 acres from Residential (R -1) to Planned.
Development Mixed Commercial (PD -MC) zoning district, inclusive of a special use permit request
-to allow a .120 -bed nursing home-facility to be built and operated on-the property.
We have a number of questions and comments which we believe.should be resolved before your
proposal goes-to public hearing. We would be glad to meet with you*to discuss-these issues. Our
comments are provided below:
Plannine
Initial comments on how your proposal generally relates-to-the Comprehensive Plan are provided
below. Comments on conformity with the Comprehensive Plan are provided to the Planning
Commission and Board of Supervisors as part of the staff report.
'The Comprehensive Plan designates-this property asTransiti.onal, which allows neighborhood -
scale commercial uses, offices,"townhouses and apartments (6.01 -34 units /acre) and Urban
Density Residential, which allows residential. (6.01 -34 units /acre); and supporting uses.such:as
religious institutions,. schools, commercial, office, and.service uses.
This property is--zoned R-1, which allows residential uses at a density of 1.unit per acre. Large -scale
commercial uses; -and -residential by special use permit ata density of 15 units /acre are allowed in
-the PD-:MC Planned Development Mixed Commercial:zoning district. A special use permit under
'.Section:24:2.2(7) of:zoning.ordinance for hospitals, nursing homes, and convalescent homes uses
is needed-for-the nursing home-facility.
Page 1 of 6
The County's Open Space Plan does not describe any significant features on this site.
Neighborhood Model
The following describes how the proposed development meets or does not meet the principles of
-the Neighborhood Model:
Pedestrian Orientation -While there appears-to be proposed sidewalks-throughout the site, stairs
are shown near-the east corner of the building. The stairs appear to be located within the sidewalk
area. Please clarify how the stairs and sidewalk will work. Will-the entrance road from the
-fire /rescue station to the site have sidewalks? It is not clear if-this principle is addressed.
Neighborhood Friendly Streets and Paths -the street is not really a street, but a travelway and
parking area. "This principle is not addressed.
Interconnected Streets and Transportation Networks - This site has one access. It appears the
existing access to the site will be closed off? Access easements will need to be provided from
adjacent property owner with regards to the proposed road. This principle needs to be addressed.
Parks and Open Space—This plan does not appear to show much open space. This principle needs
to be addressed.
Neighborhood Centers - Not applicable. There is a shopping center, several schools, and the
fire /rescue station located in the vicinity with office /meeting. space.
Buildings and Spaces of Human Scale - It is not.clear whether-the proposed building and spaces
are of human scale.-The building appears-to take up-the entire site.
Relegated Parking - ='The parking as shown on the plan is not really relegated.The parking is
located on-the periphery of -the building and as shown will be one of the-first things one sees when
he /she enters the site. A redesign of-the.site and layout could improve this.
'Mixture of Uses -There are no mixture of uses within this property. However, with-the proximity
of other commercial and residential uses in close proximity-to,this property, staff does not see-this
as s-a major issue.
Mixture of HousingTypes and Affordability -This is not applicable, given- the-type of facility
proposed.
Redevelopment— Not Applicable.
Site Planning-That Respects Terrain - -A fair amount of grading is proposed to-the-adjacent parcels,
not owned by-the applicant, in order to complete-the subject development. Retaining walls are
also proposed on the site. The building footprint,takes up most of the property-Staff suggests
minimizing the development on -the site in order to reduce the need for disturbances on adjacent
properties. Minimal disturbance to the terrain is.suggested..Are-there ways to develop this site
with better-.respectto the terrain?
Page 2 of 6
Clear Boundaries with the Rural Areas— Not Applicable.
More detailed comments may be provided after more detailed plans are provided.
Plannine
+ Details regarding the road from the fire /rescue station to the direct entrance to the site
need to be worked out with the County. Will there be a reservation for future dedication
and built to.state.standards? If this is a private road a maintenance agreement will need-to
be worked out.
• Consider providing access"to at least another site.
• Please see the JAUNT comment pertaining to proposed dimensions for the entrance to the
building. Staff suggests you provide this detail on your plan and proffer the plan.
• Please describe what is happening with-the :1.85 acres for future use. With all the
necessary offsite disturbances, have you considered using the excess land that is not
included with-this rezoning?
:• You have mentioned that you met with the Thomas Jefferson Foundation and the project
site is not visible from Monticello. Please provide something from the Thomas Jefferson
Foundation confirming this.
• What is the status of the outparcel? Has a plat been recorded?
Zonin
The following comments related to zoning matters have been provided by Francis MacCall:
• The application speaks of a waiver for parking. Please provide justification in writing for
this request.
• Please specify the parking calculation to be used with this proposal so,that an accurate
analysis can be made for the waiver request to allow more than .20% what is required.
• . The applicable building and parking setbacks identified in -section .21 apply as do the buffer
requirements. There did not appear to be a request for a waiver or modification for the
reduction of the requirements per Section 8.2b. One will need to be submitted with
written justification. (See below - Current Development comment-for additional detail)
Current Development
The-following comments regarding your proposal's ability to meet site plan or subdivision
ordinance requirements in the future have been provided_by_Bill Fritz:
• This project involves significant offsite grading. It makes use of adjacent property for storm
water maintenance facilities and access. Insuring that these properties -may be used must
be addressed prior-to action on -the -rezoning.ihese are-basic-feasibility issues.
a• 'These types of uses often provide significantly more handicap.-parking-than-the minimum
required. The.applicant- should insure-that-the.parking he provides will be adequate.This
issue does not have'to be addressed with-the rezoning it can be addressed with the.site
plan.
;• A.set of stairs is located near the east corner of the building (near-the-fire station). This -set
of stairs effectively restricts a walking loop around-the buildingfor-those•that may have
difficulty negotiating a set of stairs.
Page 3 of 6
• The location of the retaining wall on the western boundary may be difficult or impossible
-to construct without an easement from the owner of TMP 9.1 -1D. An easement on this
property may require that property to be included in this rezoning and special use permit.
• The regulations of Section .21 apply. This requires a building setback of 50 feet from the
property line (a larger setback is.required if the building height exceeds 35-feet). Parking
must be setback.20 feet from the property line of adjacent properties. The applicant
should verify that these setbacks can be met. It appears,that the setback is not being met
in several locations.
•
Section 21 also .requires that an undisturbed buffer of.20 feet is required adjacentto
residentially zoned property. This buffer is not being maintained.-Therefore,-the applicant
should apply for a waiver of the buffer.-The applicant should apply using the provisions of
Section 21.7(c)(1) or (2) for guidance.
Engineering and Water Resources
The following comments related to engineering and water resources have been provided by Glenn
Brooks:
• Off -site grading easements will be required for the retaining walls and grading on the
property line of Dominion Crane and Rigging Inc. It is not possible -to construct on the
property line without it. If this permission is not obtained, a 5' minimum distance needs to
be provided for safety and erosion control measures.
• Off -site grading easements will be required for the grading on the property of Albemarle
County.Service Authority. It is not possible to construct the plan without it. If this
permission is not obtained, the plan will need to be revised, or at least 10' minimum
distance needs to be provided-for safety and erosion control diversions, in addition to
room for a sediment trap on that side of the entrance road.
• Off -site grading and access easements will be required for-the grading on-the property of
Albemarle County. It is recommended that-the plan be revised-to dedicate the necessary
right- of- way,.and to construct the ultimate road section in this location, from Mill Creek
DriVeto the development entrance. This road section was shown on the Fire Station plans
and prior county planning documents.
• As in the case of the road design, the.sanitary sewer and water lines and easements.should
also consider-the county's long range plans for the property.
• It is-recommended that-the odd.shape of the outparcel be explained with-the rezoning. It
will have-to be graded.for erosion control measures and staging areas to build this plan.
JAUNT
The-following comments related to:JAUNT have been. provided. by Peter Ohlms:
• This area is in-the urban fare :zone-for JAUNT, where we provide trips primarily-for people.
with disabilities. Charlottesville AreaTransit would be the main-transit option-for-the
general public, but the closest current CAT stop is over a mile and a half away at PVCC. CAT
has proposed expanding service to Mill Creek Drive in recent years but has not received
-funding from the County-to do -so.
Page 4 of 6
,• The main entrance appears to be usable for JAUNT vehicles, although if other vehicles are
stopped there,-the tight turns into and out of the zone may prohibit access. _See additional
notes below, about main entrance.
• : Based on existing facilities similar to the proposed use, JAUNT would expect to make
-frequent trips to serve residents. JAUNT's preference is-to have a designated building
entrance for JAUNT to use, with a covered (11 ft min vertical clearance), accessible bus
loading area. This could be the main entrance as shown, but some similar facilities have
chosen-to designate another entrance. If another entrance may be used (locations of other
entrances were not clear), it should have the features listed above. J_ AUNT would be happy
-to continue reviewing this element of the project as it progresses.
• It might be appropriate fora proposal such as this to include stub -outs for future
interparcel connections, especially to the west if property along Avon St. Ext. is
redeveloped. More connectivity provides more options to route vehicles efficiently.
-• Pedestrian connectivity: The private access road from Mill Creek Drive should leave
accessible sidewalks to provide a connection to planned fixed- route-transit service.
ACSA
The following comment related to Albemarle County Service Authority (ACSA) has been provided
by Alexander Morrison:
�• Low elevation difference between site and Avon Street tank will cause low water pressure
around 35 psi. Review hydraulics. You will need a second fire hydrant. Look into bringing a
.second connection from the elementary school line 23' from the development area and
looping into first connection.
9 This proposal-will require approval from ACSA. It is possible that approval-may need to be
provided by the ACSA board. Please keep this additional step in the process in mind as you
pursue the SP and ZMA.
Albemarle County Public Schools
• Please see attached memo from-Joseph Letteri.
Proffers
e• The application says you are proffering the plan, but proffers have not been provided and
should be considered. This letter includes suggestions-that would be appropriate for
proffers. Please clarify your intent with regards to proffers.
Action after Receipt of Comments
After you have read1his letter, please take one of the actions identified on "Action After Receipt
of Comment Letter" which is attached.
Re- submittal
If you choose to resubmit, please use-the attached-form. There is no fee for the,first re- submittal.
The re- submittal date schedule is provided for.your convenience.
Notification and Advertisement Fees
Page 5 of 6
Recently, the Board of Supervisors amended the zoning ordinance to require that applicants pay
for the notification costs for public hearings. Prior-to scheduling a public hearing with-the Planning
Commission, payment of the following fees is needed:
$255.60 Cost for newspaper advertisement'
$203.76. Cost for notification of adjoining owners (minimum $200 + actual postage /$.1 per owner
after 50 adjoining owners)
$459.36 Total amount due prior toPlanning Commission public hearing
Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the
Board hearing needed.
$255.60 Additional amount due prior to Board of Supervisors public hearing
$714.96 Total amount for all notifications Fees may be paid in advance. Payment for both the
Planning Commission and Board of Supervisors public hearings maybe paid at the -same time.
Additional notification fees will not be required unless a deferral-takes place and adjoining owners
need to be notified of a new date.
Feel free to contact me if you wish to meet or need additional information. My email address is
cgrant @albemarle.org
Sincerely,
Claudette Grant
Senior Planner, Community Development
c: Galaxie, LLC
Albemarle Health Care Center, LLC. Attn.: Mr. .Bruce Hedrick
enc: Memo from Joseph. P. Letteri
Action After Receipt of Comments
Resubmittal Schedule
Resubmittal Form
Page 6 of 6
ounty
Public Schools
Building Services Department
2751 Hydraulic Road
Charlottesville, VA 22901
PH: 434 - 975 -9340
FX: 434- 975 -9341
'Memorandum
DATE: July 14, 2011 .
TO: Claudette Grant, Senior Planner, Community Development
FROM: Joseph P. Letteri, Director of Building Services
RE: Rezoning - SP201100014 & SMA201100006 Ga axie Farm Lane
In response to your July 5, 2011 memo regarding the rezoning request at Galaxie Farm Lane, near
Cale Elementary School, please note that as of yet, Albemarle County Public Schools has not
received a formal request for drainage and/or grading easements for the proposed construction of the
Albemarle Health and Rehabilitation Center. In accordance with Albemarle County School Board
Policy, all easement requests that will impact school property, must be reviewed and approved by the
School Board.
The Applicant should submit the request as soon as possible, so that the documents can be submitted
to the Albemarle County School Board for review and evaluation. Please contact me at 434 -975
9340, should you have any questions regarding this matter.
JPL /sjc .
Attachment — Rezoning Notification
DEPARTMENT OF COMMUNITY DEVELOPMENT
�� OF
o ®�
�'IRGINZQ"
ACTION AFTER RECEIPT OF- COMMENT LETTER
Within.30 days of the date of this letter, please do one of the following:
(1) Resubmit in response to review comments
(2) Request indefinite deferral
(3) Request that your Planning Commission public hearing date be .set
(4) Withdraw your application
(1) Resubmittal in Response to Review Comments
If you plan-to resubmit within 30 days, make sure that-the resubmittal is on or before a
resubmittal date as published in the project review schedule. The full resubmittal schedule may
.be found at www.albemarle.org in the "forms" section.at"the Community Development page.
Be sure-to include-the resubmittal form on the last page_ ofyouur comment_ letter withrour
submittal.
The application fee which you paid covers staff review of-the initial submittal and one
resubmittal. Each subsequent resubmittal requires an additional fee. (See attached. Fee
Schedule.)
(2) _Request Indefinite Deferral
If you planto resubmit after 30 days-from the date of-the comment letter, you need-to request
an indefinite deferral. Please provide a written request and.state your justification for
requesting-the deferral. (Indefinite deferral means that you intend-to resubmit /request a
public hearing be set with-the Planning Commission after-the 30 day period.)
(3)._Reguesf- Planning Commission "Public Hearing Date be Set
At-this-time, you may schedule-a public hearing with-the Planning Commission. However, we
do not advise that you go directly-to public hearing if staff has identified issues in need of
resolution-that can be addressed with a resubmittal.
After outstanding issues have been resolved and /or when you are ready-to request a. public
hearing, staff will .set your public hearing date for the Planning Commission in accordance with
Page 1 of 6 Revised 4 -25 -11 eke
-the Planning Commission's published schedule and as mutually agreed by you and the.County.
The staff report and recommendation will be based on the latest information provided by you
With your initial submittal or resubmittal. Please remember that all resubmittals must be made
on or before a resubmittal date.
By no later than-twenty -one (21) days before the Planning Commission's public hearing, a
newspaper advertisement fee and an adjoining owner notification fee must be paid. (See
attached Fee.Schedule) Your comment letter will contain the actual fees you need to pay.
Payment for an additional newspaper advertisement is also required twenty -two (22) days prior
to the Board of Supervisors public hearing. These dates are provided on-the attached Legal Ad
Payments for. Public Hearings form.
Please be advised that, once a public hearing has been advertised, only one deferral prior to the
Planning Commission's public hearing will be allowed during the life of the application. The
only exception to this rule will be extraordinary circumstances, such as a major change in the
project proposal by-the applicant or more issues identified by staff that have not previously
been brought to the applicant's attention. As always, an applicant may request deferral at the
Planning Commission meeting.
(4) Withdraw Your Application
If at any time you wish to withdraw your application, please provide your request in writing.
Failure to Respond
If we have not received a response from you within 30 days, we will contact you again. At that
time, you will be given 10 days to do one of the following: a) request withdrawal of your
application,.b) request deferral of your application to a specific Planning Commission date as
mutually agreed to with staff, or c) request indefinite deferral and.state your justification for
- requesti:ng-the deferral. If none of these choices is made within l0 days, staff will schedule
your application for public hearing based on the information provided.with your original
.submittal or-the latest submittal staff received on a resubmittal date.
Fee Payment
Fees may be.paid in cash or by check and must be paid at-the Community Development Intake
Counter. Make checks payable-tothe County of Albemarle. ..Do not-send checks directly-to-the'
Review Coordinator.
Page 2 of 6
a —5-
Revised 4 -25 -11 eke
FEE SCHEDULE FOR.ZONING APPLICATIONS
A. For a special use permit:
1. -
Additional lots under section 10.5.2.1; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
2.
Public, utilities; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... .......:................$500.00
3.
Day care center; application and first resubmission
Fee............................................................................. ............................... ..................:..$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
4.
Home occupation Class B; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ........................................ ............................... .......................$500.00
5.
5. Amend existing special use permit; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... . :..:.........:................ ........................$500.00
6.
Extend existing special use permit; application and first resubmission
Fee............................................................................ ..........:.................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
7.
All other special use permits; application and first resubmission
Fee............:................................................................. ............................... ....................$2,000.00
.
Each additional resubmittal ........................................................... ...............................
$1,000.00
8.
Deferral of scheduled public hearing at applicant's request
Fee............................................................................. .................... ........ ..... ........................$180.00
B. For
amendment to text of zoning ordinance:
Fee..............:............................................................:....... ............................... .......................$1000.00
C. Amendment to the zoning map:
1.
Less than 50 acres; application and first resubmission
Fee..............................................................:............. ........................:...... ......................$2,500.00
2.
Less than 50 acres; each additional-resubmission
-
Fee ............................................................................. ............................... ........:.............$1,250.00
3.
50 acres or greater; application and first resubmission
.Fee ............................................................................ ............................... ......................$3,500.00
4.
50 acres or greater; each additional resubmission
Fee............................................................................ ............................... ......................$1,750.00 .
5.
- Deferral of scheduled public hearing at applicant's request .
Tee............................................................................. ............................... ........................$180.00
D. Board of Zoning Appeals:
1.
Request for a variance or sign special use permit
Fee. ............................................................................. ............................... ......................:.$500.00
2.
For other appeals to the board of zoning appeals (including appeals of zoning administrator's decision) -
Fee (to be refunded if the decision of the zoning administrator is overturned) .......$240.00
N. Required notice:
1.
Preparing and mailing or delivering up to fifty (50) notices:
Fee...................................................:.......................... ......:........................ ..........,.............$200.00 plus the
actual cost of first class postage
2.
Preparing and mailing or delivering, per notice more than fifty '(50):
Fee.............................................................:....::........... .................... ............ ..........................$1.00
plus the
actual cost of first class postage
3.
Published notice:
Fee.............................................................................. ..............:................ .........................Actual
cost
Page 3 of 6 Revised 4-25-11 eke
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71aze-F sy Own, in Irancs a re— ZE-UWes aue,175 Z-ounry 557miRy.
*The revievAng plannervdT.H. cantaci: applicantiodiscuss comments of mviewersand --advisew that changes that are -needed are.
sigfifficant enaugb to war; ran. tan addfibna.] submittal oT Ise Thai: the be project. is readyfor a. public :hearing. f6anigws
needed arelmih or,. the planner will, addse -that-the project go topublit heanng.
Legiall adiiees-mmustbe paid.22--days in advance offthe Planning C I h ng- An acldftional legal -ad fee vuill
g ommission public' ean
med: Ior W. paid =X days in advance of the Board .of 8-upervism -pubilic heariang.. Man
applicant. :decides ta.-gotoptiolt.chea.dng-againstlh.e ad. ice ofth .rev .e:, fewin
_g:.,planner,,:a .r.eoom.mend*a.ti.on:,for:d..ent-al.wilI IEk e-ly
result.. Generzill .-the applicant WiLl Will have only one opportunibI to defer the'�PC publiic hearing forthe project. once it has
YI P
been adverlised Ibr pubHc hearing-.Addifional deferrals vall ndit be allowed except in eAr-acrdinary circumstances :suc h as a
change intheproject proposals bythe applicant or more :issues Idenifffiedi bystaff that :have riot prevfously been brotght
to tme appilicant's, attention..
Board of Su peTvisars! woftessions; and. public hearings lWill be scheduled . aftler the Plawfing Corm mision's. acum on
Page 5 of 6
9a,_Y
Revised 4-25-11 eke
FOR OFFICE USE ONLY SP # or ZMA #
Fee Amount $ Date Paid BY who?
Receipt 4 Ck4 BY:
Resubmittal of information f ®r Special Use Permit or
Zoning. leap Amendment
PROJECT NUMBER: Im9 o1Ul ( 000O6 PROJECTNAME.: e�,nc,,r� i-�eri , Gi►'t� 2,�IS1 bCp,�l �
o� 011 coo I L[
❑ Resubmittal Fee is Required ❑ Resubmittal Fee is Not Required
Community Development Project Coordinator Signature Datt
Name of Applicant Phone Number Signature Date
FEES
Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000
First resubmission..---
FREE
❑ additional resubmission
$500
pEach
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Resubmittal fees for original Special Use Permit fee of $2,000
First resubmission FREE
❑ Each additional resubmission $1,000
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Resubmittal fees for original - Zoning Map Amendment fee of $2,500
First resubmission FREE
❑ Each additional resubmission $1,250
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Resubmittal fees for original Zoning Map Amendment fee of $3,500
Z3 First resubmission
FREE
❑ Each additional resubmission
Not .L• a .,., sr> i.�.� P�.� -+.,Y ke, ,. .. .. 'In o�
❑ Deferral-of scheduled - public hearing at applicant's request
$1,750
$180
To be Daid after staff review for public notice:
Most applications for a.Zoning Map Amendment require at least one public hearing by the Planning Commission and one public
hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal
advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are
required before a.Zoning Map Amendment may be heard by the Board of Supervisors. The-total fee.for public notice will be provided
-to the applicant after the final cost is determined and must be paid before the application is heard by a public body.
MAKE CHECKS TO COUNTY OF ALBEMARLE/PAYMENT AT COMMUNITY DEVELOPMENT COUNTER
Preparing and.mailing.or delivering up to fifty (50) notices
$200+ actual cost of first -class postage
Preparing and mailing or delivering each notice after fifty (50)
$1.00 for each additional notice+ actual
cost of first -class postage
Legal advertisement (published twice in the newspaper for each public hearing)
Actual cost
(minimum of $280 for total of 4 publications)
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972 -4126.
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