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SP201700030 Application Special Use Permit 2017-12-18
Albemarle County Planning Application Community Development Department 401 Mclpre Road Charlottesville. VA22902-45% V (1434) 296-5832 Fax :'(434)972-4126 TMP 07700 -00 -DO -04700 I Owner(s): HII_LCREST LLC Application # IP20170003© PROPERTY INFORMATION Legal Description aCREA PARCELS a Magisterial Dist �ScQttsvill'e �� Land Use Primary Office n Current .AFD Not in A/F District + Current Zoning Primary i Planned Development Shopping Center APPLICATION INFORMATION Street .Address 32 MILL CREEK: DR CHARLOTTESVILLE, 22402 I Entered By Application Type —. -.- -- Special Use Permit __ Keith Bradsha 12 18T2 117 Project Willow River veterinary Services Received Date 12/18/17 Received Date Final Submittal Date 12/18/17 Total Fees Closing File Date Submittal Date Final Total Paid Revision Number E� Comments Legal Ad SUB APPLICATION Type Sub Applicatio Gomunent Special Permits 12/18/17 ARS OK 4PPLICANT / CONTACT INFORMATION COntactType I 'r+ a'='JAPP;'r-srt HILLCREST LLC i 1430 ROWN COURT SUITE ...... .......... s............................................_................_......................_.......•,................... ...................................... >riisan. Ca -U3 James B. DiCarlo 1320 Barclay Hill .............. ............... .._....... .............................. ............................. ....................................... _..... _... .................................. +apsr+t ;James B. DiCarlo 1320 Barclay Hill ..................... ......................._................. ...................... ..................... ........................ --..:... ...... _.._..... ........... signature of Contractor or Authorized Agent Date CHARLOTTESIVILL x22911 14345718996 _f ............................... Charlottesville VA i 22901 ::4342427603 s............................. ::— ........... Charlottesville+.s :22901 i4342427603 C�un�y o� Albemarler3, Data �r:.__s Division_R�, 21 VA cel Property Information 431 Mcfntire arlotto -'e&% TMP 07700-00-00-04700 Legal ACREAGE PARCEL B HILLCRE ST LLC Description ............................................... .......... .............. CHARLOTTESVILLE Parent THP - - - ........................................... ............................... 32 MILL CREEK DR ........;..................... .............;............................ ................................ CHARLOTTESVILLE Tax: Map 07700 Section pQ Block 00 Parcel 04700 GPIN 483986887846 Major Subdiv, Acreage Total acres 6.98 TMP Inactive? I ACTIVE 911 STREET ADDRESS INFORMATION !OWNER INFORMATION +� House Num Street Name '` -rtment i Cib, State Zi ode ---- Name _ 32 i MILL CREEK DR ....... .............a..... - _............. ............... CHARLOTTESVILLE 22902 HILLCRE ST LLC _._ _. _.. 32 MILL CREEK DR ..................._................................... ............................................... .......... .............. CHARLOTTESVILLE .............:................... . .; 22902 ADDITIONAL PROPERTY INFORMATION ........................................... ............................... 32 MILL CREEK DR ........;..................... .............;............................ ................................ CHARLOTTESVILLE .....:........... € 22902 4gricultural Forest District'! Not In A.(F District . ......................... ;......................... .............................. ............. ................................... 'fid ._.._.... _ ................................... ..........................[............... ..................:.......... . High School District:' Monticello MTII r'RFFier1R rHOPIr7-rFCIlTIIF Iw?an'P !OWNER INFORMATION +� Name _ National Historic Landmark Virginia Landmark Register . National Register of Historic Places' Street Address Cit'; i State I Lip HILLCRE ST LLC :1430 ROLKIN COURT SUITE 301 i CHARLOTTESVILLE VA [ 22411 ADDITIONAL PROPERTY INFORMATION Primary' OffiCe 4gricultural Forest District'! Not In A.(F District F 2 + D High School District:' Monticello F - Traffic Zone: 181 +� Middle School District Walton Minor. Unassigned Voter Precinct; Cale + + D Elem. School District, Cale L+, Magisterial District, !Scottsville + Metro Planning Area?. Census Block Group 2 + t C4TS L.rea-, 0ther2:'Unassigned Census Tract. 113.03 U Public ,Pater Server Water & Se'Ner — � Water Supply Protection .area? IF NO Other Rural Land? FNO 'Aatershed ,Moores Creek _ + Development Area? yES Historical Sionificance Alorld Heritage Site National Historic Landmark Virginia Landmark Register . National Register of Historic Places' parcel Has Proffers Parcel Has Easements Current Land Use Number of Structures Number of D yelling Units Primary' OffiCe F 2 D _ --- ---_ Secondary. Oren + ��.�_ Minor. Unassigned + D 'Com rehensive Plan Land Use P ----------- Plan Area: Nelahborhood 4 Primary:iCommunitY Mixed IJSe 0ther2:'Unassigned +' Secondary. Una55igned I+ Other3. Unassigned + Minor: !Unassigned Other4. Unassigned +, Other. iUnassigned u Other5 Unassigned + C:,- _omnG ,------- _.—� _._ Zon,n1 .4doared . c3C, =o.n no .Prior to 12!198,7 Primary: YPlanned Development Shopping Ce r Rural Areas Agricultural Secondary _Unassigned i+1 Planned Industrial Park 'Unassigned Minor Unassigned �� Planned Industrial Park I+ Unassigned + Other Unassigned +� Natural Resource Extraction Overla; Flood Hazard Overlay Airport Impact Area Entrance Corridor Overlay Scenic Stream Overlay ACTIVITY INFORMATION PL,Vi141h'G.4CT,r`.'iTIE_ BUILDING ACTTS-772ES ApplicationNumb + CurrentStatus (rap3ecialConditions i r✓ licationNumb +1 CurrentPermit& _ SpecialConditiorls ARB201400045 Approved B199900439AC CO Issued ARB200900015 Approved ..........................................:.......................................................................i B199900182AC CO Issued € .................................................................................................................... ARB?00800088 :Approved no check with application ................................... ._.................................. ...........1.................................... 81999001515 i Completed - No i ..................................... .......... ............. ................................................................................... ARB2o0300155InvaIid .i :.........................;.............................:...............>....................................................................... ARB199700032 InvalI nlCnown .............................own :� .... .. ........... _ .............. 81996019590 Approved ...................................................... ARB199700017P5 Inealid'Unknonm _ ;.._.................._..................................................__.......: B199800625MOT CO Issued Printed On: I Mondery. December 18. 2D17 c FOR OFFICE USE ONLY SP # Fee Amount $ Date Paid ZONING ORDINANCE SECTION 7.0 1"1 6001 ca SIGN# _By who? ---`.^--- --- Receipt # CW By: Application for Special Use Permit IMPORTANT: Your application will be considered INCOMPLETE until all of the required attachments listed on page 2 have been submitted. Also, please see the list on page 3 for the appropriate fee(s) related to your application. Staff will assist you with these items. PROJECT NAME: (how should we refer to this application?) Willow River Veterinary Services PROPOSAL/REQUEST: Special Use Permit for lease at 32 Mill Creek Dr. ZONING ORDINANCE SECTION(S): EXISTING COMP PLAN LAND USE/DENSITY: Commercial LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT: 32 Mill Creek Drive, Charlottesville, VA 22902 TAX MAP PARCEL(s): 07700-00-00-04700 ZONING DISTRICT: Scottsville C # OF ACRES TO BE COVERED BY SPECIAL USE PERMIT if a portion,5 it must be delineated on a plat): S. Ci 9 Is this an amendment to an existing Special Use Permit? If Yes provide that SP Number. SP- ❑ YES ® NO Are you submitting a relimina site plan with this application? ❑ YES ❑ NO Contact Person (Who should we call/write concerning this project?): James B. DiCarlo Address 1320 Barclay Hill City Charlottesville State VA Zip 22901 Daytime Phone C__) 434-242-7603 Fax # C_) E-mail jbdicado@gmail.com Owner of Record HILLCREST LLC Address 1430 Rolkin Court Suite 301 City Charlottesville State VAZip 22911 Daytime Phone U =,� ' �f ii' g'r�►(. Fax # (_) - — - -- — - E-mail Atf i Jt, -.C. Sr_ & . n-e`h Applicant (Who is the Contact person representing?): James B. DiCado Address 1320 Barclay Hill city Charlottesville State VA Zip 22901 Daytime Phone (_) 434-242-7603 Fax # E-mail jbdicarlo@gmail.com Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list those tax map and parcel numbers: FOR OFFICE USE ONLY History: ❑ Special Use Permits: Concuirmt review of Site Development Plan? YES [3 NO County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Special Use Permit Application Revised 11/02/2015 Page 1 of 3 REQUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE OFFICIALLY SUBMITTED One (1) completed & signed coat/ of the Checklist for a Special Use Permit L9 One 1 cowy of the Pre-anylication Comment Form received from county staff One (1) coat/ of any special studies or documentation as specified in the Pre -application Comment Form. © Seventeen (17) folded copies of a Conceptual Plan. Q Seventeen (17) copies of a written narrative with section TITLES as follows: • PROJECT PROPOSAL The project proposal, including o its public need or benefit; how the special use will not be a substantial detriment to adjacent lots, how the character of the zoning district will not be changed by the proposed special use, and how the special use will be in harmony with the following; • the purpose and intent of the Zoning Ordinance, • the uses permitted by right in the zoning district, • the regulations provided in Section 5 of the Zoning Ordinance as applicable, and • the public health, safety and general welfare. (be as descriptive as possible, including details such as but not limited to the number of persons involved in the use, operating hours, and any unique features of the use) • CONSISTENCY WITH COMPREHENSIVE PLAN The proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; • IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE The proposed project's impacts on public facilities and public infrastructure. • IMPACTS ON ENVIRONMENTAL FEATURES The proposed project's impacts on environmental features. dQue 1 copy of the most recent recorded plat, that shows the Deed Book/Page Number, of the parcel(s) composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed ,project, both of which shall include a metes and bounds description of the boundaries. lla One (1) copy of ownership information (if applicant is not silo the owner). If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's written consent. --,/See Attachment A in the Land Use Law Handbook for more information. U As the owner/agent I certify that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle and have been properly assessed against the subject property, have been paid. PLEASE CONSULT THE LIST OF ITEMS WHICH WILL BE REVIEWED BY STAFF FROM THE LINK BELOW: STAFF ANALYSIS OF ZMA & SP REQUESTS Special Use Permit Application Revised 11/02/2015 Page 2 of3 Owner/Applicant Must Read and Sign I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regardin this application being provided to me or my designated contact via fax and or email. This consent does not precIt�egsuch written commu_*ation from also being sent via first class mail. v Sig lure Owner/Agent or Contract Purchaser Datc Print Name ' j�sT!_LL Daytime phone number of Signatory Required FEES to be paid once the application is deemed complete: An email will be sent to the application contact once the submittal is deemed complete. What type of Special Use Permit are von annlvina for? ® New Special Use Permit $2,150 $1.08 for each additional notice + actual cost of first-class postage ❑ Additional lots under section 10.5.2.1 $1,075 ❑ Public utilities $1,075 ❑ Day care center $1,075 ❑ Home Occupation Class B $1,075 ❑ To amend existing special use permit $1,075 ❑ To extend existing special use permit $1,075 ❑ Farmer's markets without an existing commercial entrance approved by the VDOT or without existing and adequate parking $527 ❑ Farmer's markets with an existing commercial entrance approved by the VDOT and with existing and adequate paricing $118 L3—Si s under section 4.15.5 and 4.15.5A filed for review b the Board of Zoning A ala under the V chedule $538 To be Daid after staff review for Dublic notice: Most applications for a Special Use Permit 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 Special Use Permit may be heard by the Board of Supervisors. Applications reviewed by the Board of Zoning Appeals, however, only require one public hearing and therefore require just one fee for public notice. 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. Staff estimates the total cost of legal advertisement and adjacent owner notification to be between $400 and 5450 per hearing. This estimate reflects the average cost of public notice fees for Special Use Permit applications, but the cost of certain applications may be ➢ Preparing and mailing or delivering up to fifty (50) notices $215 + actual cost of first-class postage ➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage D Legal advertisement (published twice in the newspaper for each public hearing)Actual cost (averages between $150 and $250 ➢ Special Exception –provide written justification with application - $457 Other FEES that may apply: ➢ DeferraI of scheduled public hearing atapplicant's request $194 Resubmittal fees for original Special Use Permit fee of $2,150 ➢ First resubmission I FREE ➢ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFk} $1,075 Resubmittal fees for original Special Use Permit fee of $1,075 ➢ First resubmission FREE ➢ Each additional resubmission O BF, PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) J $538 The full list of fees can be found in Section 35 of the Albemarle County Zonina Ordinance. Special Use Permit Application Revised 11/02/2015 Page 3 of 3 APPLICAMON FOR A SPECIAL EXCEPTION ® Request for a waiver, modification, variation ❑ Variation to a previously approved Planned or substitution permitted by Chapter 18 = $457 Development rezoning application plan or Code of Development = $457 OR ❑ Relief from a condition of approval = $457 Provide the following ❑ 3 copies of the existing approved plan Provide the following illustrating the area where the change is ❑ 3 copies of a written request specifying the requested or the applicable section(s) or section or sections being requested to be the Code of Development. Provide a waived, modified, varied or substituted, and graphic representation of the requested any other exhibit documents stating the change. reasons for the request and addressing the ❑ 1 copy of a written request specifying the applicable findings of the section authorized provision of the plan, code or standard for to be waived, modified, varied or substituted. which the variation is sought, and state the reason for the requested variation. Project Name and Assigned Application Number (SDP, SP or ZMA): Willow River Veterinary Services Tax map and parcel(s): 07700-00-00-04700 Contact Person James B. DiCado, DVM Address 1320 Barclay Hill City Chadottesviile State VA Zip 22901 Daytime Phone# (434 ) 242-7607 Fax# ( ) Email jbdiccarlo@gmail.com Owner of Record HILLCREST LLC Address 1430 Rolkin Court Suite 301 City Charlottesville State VA Zip 22911 Daytime Phone# (q3Y-) "- T 7` Fax# () Email clU 's e= e" Clcr.i Co . r1e� Applicant (Who is the Contact Person representing?) James B. DiCarlo, DVM County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 *III .'1■■me APPLICATION FOR A SPECIAL EXCEPTION Owner/Applicant Must Read and Sign Each owner -initiated application for a zoning may amendment shall be signed by the owner of each parcel that is the subject of the proposed zoning may amendment, provided that: a. An owner whose parcel is subject to proffers may apply to amend the proffers applicable solely to the owner's parcel, provided that written notice of the application is provided to the owners of other parcels subject to the same proffers under Virginia Code §§ 15.2-2204(1-1) and 15.2-2302. However, the signatures of the owners of the other parcels subject to the same proffers shall not be required. b. An owner within an existing planned development may apply for a zoning map amendment, and the signatures of any other owners within the planned development is required only if the amendment could result in or require: (i) a change in use, density or intensity on that parcel; (ii) a change to any regulation in a code of development that would apply to that parcel; (iii) a change to an owner's express obligation under a regulation in a code of development; or (iv) a change to the application plan that would apply to that parcel. The applicant must submit documentation establishing ownership of any parcel and the authority of the signatory to sign the application on behalf of the owner. SEE PAGE 3 FOR SIGNATURES • APPLICATION FOR A SPECIAL EXCEPTION Owner/Applicant Must Read and Sign The foregoing information is complete and correct to the best of my knowledge. By signing this application t am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written communication from also being sent via first class mail. -i Print Name Owner, Contract Purchaser, Agent Date // o27- 17 e/3 c/- 971- rrsvc. Daytime phone number of Signatory ***If multiple property owners are required to sign the application per Section 33.2 b (lb) then make copies of this page and provide a copy to each owner to sign. Then submit each original signed page for the Special Exception Application. Tax Map & Parcel Number: 07700-00-00-04700 Owner Name of above Parcel: Hillcrest LLC FOR OFFICE USE ONLY SDP, SP or ZMA # By who? _.._ _ _ Receipt # Fee Amount $ Date Paid - Ck# By SPECIAL USE PERMIT CHECKLIST for Willow River Veterinary Services (Mill Creek) / TMP 07700-00-00-04700 Project Name / Tax Map Parcel Number "A After the mandatory pre -application meeting, county staff will mark this checklist appropriately so >RGI1`�1� that it is clear to the applicant the information from Section 33.4 (c) that must be submitted with the official application PLANNER INITIALS 1TN Required for Provided with application? application (County Staff) (Applicant) SECTION 33.4(c) XX NOTE to staff: if providing additional comments are provided within the checklist boxes, please distinguish those comments with different color print AND italic/underlined print or some other method that can be distinguished when copied with a black and white YES NO copier/printer. X A narrative of the project proposal, including its public need or benefit; X A narrative of the proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; X A narrative of the proposed project's impacts on public facilities and public infrastructure. X vim, A narrative of the proposed project's impacts on environmental features. X A narrative of the proffers proposed to address impacts from the proposed project. X One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions; X A conceptual plan showing, as applicable: [STAFF COMMENT: CAN BE SIMPLE GIS MAP t' ^ OF PROPERTY OR PLAT OF PROPERTY DEPICTING OR DESCRIBING THE FOLLOWING] X 1) the street network, including circulation within the project and connections to v existing and proposed or planned streets within and outside of the project; 2) typical cross-sections to show proportions, scale and streetscape/cross- sections/circulation; 3) the general location of pedestrian and bicycle facilities; X 4) building envelopes; [STAFF COMMENT: IDENTIFIED THE BUILDING(S) WHERE THE USE ✓ WILL BE LCOATED] X 5) parking envelopes; L SPECIAL USE PERMIT CHECKLIST 04/2013 Page 1 of 2 Please note: There are additional submittal requirements outlined on the official application for a Special Use Permit. Read and Sign I hereby state that, to the best of my knowledge, the official application submitted contains all information marked on this checklist as required for application. a4Ae Lt 6,-Z Signature of person completing this checklist Print Name 17-/7 Date Li3 Li -a 1-ia-- L e Daytime phone number of Signatory SPECIAL USE PERMIT CHECKLIST 04/2013 Page 2 of 2 X 6) public spaces and amenities; X 7) areas to be designated as conservation and/or preservation areas; X 8) conceptual stormwater detention facility locations; X 9) conceptual grading; X Other special studies or documentation, if applicable, and any other information identified as necessary by the county on the pre -application comment form. [STAFF vll COMMENT: ANY OTHER INFORMATION TO SUPPORT YOUR NARRATIVE, SUCH AS INFORMATION ABOUT BUILDING MATERIALS (GREEN GLUE), ETC.] Please note: There are additional submittal requirements outlined on the official application for a Special Use Permit. Read and Sign I hereby state that, to the best of my knowledge, the official application submitted contains all information marked on this checklist as required for application. a4Ae Lt 6,-Z Signature of person completing this checklist Print Name 17-/7 Date Li3 Li -a 1-ia-- L e Daytime phone number of Signatory SPECIAL USE PERMIT CHECKLIST 04/2013 Page 2 of 2 Willow River Veterinary Services Special Use Permit Request for Parcel # 07700-00-00-04700 Project Narrative December 18, 2017 Written Description of the Proposal In accordance with Section 22.2.2 of the Albemarle County Zoning Ordinance, Dr. James B. (Brad) DiCarlo, DVM, and Willow River Veterinary Services, LLC (WRVS), are applying for a Special Use Permit to operate a veterinary clinic in the Scottsville District of Albemarle County. The property is located on parcel number 07700-00-00-04700, at Southside Shopping Center, 32 Mill Creek Drive, Charlottesville, VA. It is currently zoned for commercial use and is a part of a retail shopping center that includes Food Lion, Subway, Rudy's Dry Cleaners, Southside Orthodontics, and Southside Dental Center, PROJECT PROPOSAL Willow River Veterinary Services has a lease pending for 2848 square feet in spaces 109 and 110, Bays A & B at 32 Mill Creek Drive, in the Southside Shopping Center. It will occupy the two endcap spaces in, the center. Willow River will be a full service companion animal hospital distinguished from other veterinary practices by the animal- and family -centered care offered. This means that the veterinarian works with the patient's family in a team approach to develop the appropriate level of care for the animal. The goal is to not only serve the medical needs of the animals in the community, but the educational needs as well when it comes to the well-being of the animal. WRVS will be open Monday through Friday from 7:30 a.m. to 6 p.m. Saturday hours may be offered at a future date. The clinic will open with one veterinarian, two licensed veterinary technicians, and one to two veterinary assistants. The staff will provide a variety of services, including: • Diagnostic and therapeutic services • Preventative care, including immunizations and flea control • Surgical services • Imaging services, including x-ray and ultrasound • On-site laboratory services • Dentistry • Dietary counseling • Permanent identification, such as microchipping • Pharmacy Facility Description The Albemarle County Comprehensive Plan 2015 is being taken into careful consideration with the planning of the WRVS facility. Attention is being given to ways to ensure public health, safety, and welfare, as well as to ensure environmental protection and minimal stress to existing public services and infrastructures. If space allows, WRVS will open to a reception area that will, ideally, allow for separate waiting areas for dogs and cats. There will be separate entrance and exit to further minimize animal conflict. Additionally, there will be a door at the rear of the facility. Beyond the reception area, there will be three exam rooms for clients to meet with staff. There will also be an enclosed treatment area that will include the following: • A station for dental procedures • 2 treatment tables • An in-house lab station, including equipment for blood panels, fecal analysis, etc. • A small pharmacy In addition, the practice will feature surgical and radiologic suites. Radiology will include digital x-ray and ultrasound. The practice will not offer overnight boarding, nor will it have an outdoor run. However, it will have indoor cages for cats and dogs (in separate areas) for animals awaiting treatment. Construction will include soundproofing to minimize noise disturbance to neighbors in the shopping center and beyond. All waste will be properly disposed of, including used sharps, medications and medical waste. PUBLIC NEEDBENEFIT Dr. DiCarlo has 20 years of veterinary experience. His experience includes medical and surgical care of companion and exotic animals in both daytime and emergency settings. Dr. DiCarlo has been working in a number of animal hospitals in the Charlottesville area since 2008. He has held long-term relief positions in which he has had an opportunity to develop his own clientele. Most of his clients give him high marks on the services he provides as well as his bedside manner. Numerous customers have already confirmed that they will continue to use his services regardless of where he practices. According to the AVMA's pet ownership calculator, by 2020, the number of pet owning households in Albemarle County should break out as follows: Number of Pet Owning Households Pet Populatson Dogs 16.144 25,831 Cats 13,446 28,219 Birds 1,371 3,140 (https://www.avma.org/KB/Resources/Statistics/Pages/US-pet-ownership-calculator aspx?PF-1) According to the Census Bureau, from 2011-2015 data, there are 38,853 households in Albemarle County. With approximately 18,306 households within 3 miles from 32 Mill Creek Dr., Dr. DiCarlo hopes to be of service to them as their animals require care. Proximity to a residential area will be beneficial to the residents as pet owners are looking for the ease of getting their animals to a veterinarian before and after work. Elderly people living in the area do not want to travel far for animal care. The clinic will be designed to accommodate clients with disabilities with exam rooms available to move around with animals and wheelchairs. PURPOSE AND INTENT OF THE ZONING ORDINANCE Our intent is to provide a service that will be valuable to the residents in the surrounding neighborhoods. Currently the center is home to a dental practice, and the owners have indicated a desire to provide additional professional services, such as veterinary services on the premises. USES PERMITTED BY RIGHT IN THE ZONING DISTRICT The Southside Shopping Center is currently zoned for commercial use, so no changes are required as veterinary services fall under commercial zoning. REGULATIONS IN SECTION 5 OF THE ZONING ORDINANCE As required in Section 5. 1.11 of the Zoning Ordinance, sound -proofing will be included in the construction of the clinic to ensure noise measured at the nearest residential lot line will not exceed 55 decibels. In addition, as there will be no boarding, any sound emanating from the practice will cease at the end of business hours (6 p.m.). The nearest residential lot is approximately 155 feet from the clinic doors. Although this is a shorter distance than the requested 200 feet, we will be applying for a waiver, as between the clinic and the residential lot there is an elevated barrier as well as a busy road (Avon Street). We will supply sound level studies to demonstrate an acceptable noise level as compared with the ambient sounds of the area. We will also be working with our contractor to ensure that materials used in building will help ensure sound attenuation. Appended to this narrative (see Appendix A) is a typical system the contractor uses use for soundproofing, combined with appropriate accessories for door and other penetrations. There are no plans to offer boarding services, so WRVS will not be building an outdoor run and thus will not require any fencing. Any outdoor use will be limited to allowing animals to relieve themselves in the grass to the side of the lot, or for leashed walking to assess orthopedic issues in an animal. r Adjacent to the shopping center is Calvary Baptist Church, which is separated from the center with a grass and tree -lined barrier, so there would be no impact to that lot. Other leased spaces in the shopping center should also be minimally impacted with the clinic located at the end of the center. As mentioned in the facility description above, there will be separate entrance and exits to minimize animal conflict, and appointments staggered to minimize number of animals coming and going from the clinic at one time. PUBLIC HEALTH, SAFETY AND GENERAL WELFARE By meeting all applicable zoning ordinance sections for the proposed special use, as well as ensuring all staff in the clinic follow processes developed to ensure their safety as well as the safety of others in the clinic, no adverse effects to the public health, safety and general welfare are anticipated. The health and safety of our community and its animals are of the utmost importance to WRVS. Safety precautions will be built into the design of the clinic as well as into the processes and continuing education of the staff. In addition to the separate entrance and exit, appointments will be staggered to prevent animals from meeting in the doorway and at the front desk. The front entrance to the building although in measurement appears close to Avon Street is separated by a parking lot, incline, and a row of trees, keeping clients and their animals and children safe as they exit their vehicles and enter the building. Waiting times will be kept to a minimum and enough treatment rooms will be built so owners can be moved into a room in a timely manner. In order to ensure the safety of humans and animals, experienced veterinary staff will handle the animals during exams and treatment. Animals will be removed from the exam room for treatment when necessary to guarantee customer safety. Muzzles will be utilized when necessary and any animals known to have aggressive tendencies will be asked to arrive already muzzled or crated when appropriate and asked to remain in the car until an experience staff member can assist in bringing the animal into the clinic. Along with animal bite prevention concerns, WRVS will play a crucial role in helping to keep zoonotic diseases out of the community through education. Animals can carry diseases that spread to humans and by vaccinating, deworming, and educating owners on the risks and how to prevent diseases, WRVS will help local communities stay safe and healthy. Animals are family members and keeping them safe, healthy and happy improves the welfare of the families who share their lives and the communities in which they live. WRVS's teamwork approach to veterinary medicine will provide public health, safety and welfare to the Mill Creek and surrounding communities. CONSISTENCY WITH COMPREHENSIVE PLAN This project is consistent with the comprehensive plan adopted in June 2015. The greatest attention to the Mill Creek Drive Center (Figure 23, S+W 41) focuses on the undeveloped parcels owned by the county. The key concern discussed in the plan is the preservation of important environmental features. As the Southside Shopping Center has been in place since 1999, and no changes to the center will be required for this project, WVRS will not impact the environment by taking up any further real estate. No outside kennels or buildings will be added to the established buildings. Impacts on Public Facilities or Infrastructure As WRVS will not be adding any additional building or outside fencing, no impact on public facilities or infrastructure is anticipated as the current water, sewage, and utilities should be adequate for a veterinary clinic of this size. There is ample parking to accommodate the expected clientele and upkeep of the parking area is already undertaken by the owners of the existing building. Appointments will be staggered so that parking will not be taken away from adjacent businesses and that clients may park right in front of the practice and their animals will not disturb other businesses. Current water and utility infrastructure should be adequate for a veterinary clinic of this size. Waste disposal specific to medical/veterinary use will be outsourced to the appropriate vendors to ensure it is disposed of in an environmentally appropriate way. Impacts on Environmental Features To ensure minimal environmental impacts, environmentally safe disposal of solid, medical, and hazardous waste materials will be outsourced to the appropriate vendors. WRVS will determine ways to best reduce, reuse, recycle, and divert items to the landfill when possible. Shipping boxes and packing materials will be recycled along with plastic bottles, aluminum and tin animal food cans. Reusable medical instruments will be used where possible and washable surgical gowns and cage bedding will be used to reduce waste. A written Hazard Communication Plan that provides information on appropriately dealing with spills and contamination by products used in the practice will be on hand and all employees will be trained and familiar with the plan. The plan will address the resolution of spills and contamination in the most environmentally safe manner possible. When practical, eco -friendly cleaning chemicals will be used. Digital radiography will be used to eliminate the hazards associated with the substances and chemical used to develop and process radiographic films. Digital thermometers will be used to eliminate the environmental hazards associated with accidentally breaking a Mercury thermometer. Appendix A. Sound Attenuation Materials sound attenuation 0 Troy Royston <Troy@martinhorn.com> I Fri 10/13/2017 8:34 AM To: Diane DiCarlo (diane_dicarlo@hotmail.com) Green Glue Acoustic... n 1 attachments ;137 KB) download Sade to OneDrive - Personal Diane, Attached is a typical system we would use for soundproofing combined with appropriate accessories for door and other penetrations. I think this is what you would need. Troy Royston MOBILE 434.465.1198 DIRECT 434.220.7797 / �'T'� MARTIN HORN WE BUILD STUFF Glue Acoustical Solutions https: ;acousticalsolutions.coni product-categor-Y sound -barriers green -glue GREEN GLUE Green Glue Soundproofing products provide economical solutions for reducing sound transmission in commercial, residential and industrial applications. When applied in wall, floor and ceiling assemblies, the damping compound, Whisper Clips, sealant and joist tape assist to diminish the amount of sound and noise being passed from room to room. OREEN GLUE NOISERROOFINO SYSTEM Clio+ 111 Seele•1 Compound Apply Green Glue Damping Compound between layers of rigid construction materials to reduce sound and noise transmission. Green Glue compound may be combined with the use of Whisper Clips to provide additional resiliency to the structure. Once structures are in place, be sure to use the Green Glue Noiseproofing sealant to prevent sound leakage through holes, gaps or seams. Installed beneath flooring, the Green Glue Noiseproofing Joist Tape helps to eliminate squeaky floors and lower footfall noise. Typically combine with sound barriers, underlayments and other construction materials, Green Glue products aid in building heavy-duty, sound blocking structures. These products are easy to use and make a great option for a DIY project or a larger scale construction. Understanding that Green Glue products work as part of a complete system, grants us ability to create and offer more extensive solutions for architects, contractors and the home DIY enthusiast. Be sure to include these as part of your next new construction or retrofit soundproofing project. STC Examples STC Track Application 25 Normal speech can be easily heard and understood 30 Loud speech can be easily heard and understood 35 Loud speech heard, but not understood 40 Loud speech now only a murmur 45 Loud speech not heard, music systems heavy traffic noise still a potential problem 50 Very loud sounds such as musical instruments or a stereo can be faintly heard 60+ Excellent soundproofing Wall Assembly STC Performance STC Assembly Build Low -Frequency Performance 33 Single layer of 1f2" drywall on each side, wood studs, no insulation (typical interior wall) Poor 44 Double layer of 1,12" drywall on each side, wood studs, batt insulation in wall Poor 52 Single 5/8" drywall on one side, double 518" drywall and Green Glue on other side wood studs Good 55 Double layer of 1;2" drywall on each side, on staggered wood stud wall, batt insulation in wall Fair 60 Double 518" drywall on either side of a steel stud wall with insulation and 1 load of Green Glue both sides. Good 62 Double 518" drywall on either side of a steel stud wall with insulation and 2 loads of Green Glue both sides. Excellent 63 Double layer of 1 r2" drywall on each side, on double wood/metal stud walls (spaced '1" apart), double batt insulation Good RECE[V,�D DEC 18 ?nI7 DEVELOP SENT /Y 2 Willow River Veterinary Services (Mill Creek) 0:2090C -6�'- 11 -22, TMP 07700-00-00-04700 01-124-23 *Z -- Conceptual Plan 9 2-1 - 24 3 4 ;2' 02 Wv"O Ov 2-} 1.21,' -17A �c #2 -044-JOC1OP-1-4-2 C 7 101 2 30 25 C; 4J2 "C 4240 31, QJ0 '33 90C I N.. -17,40C 145 02-18 12 95" -)2 -1 10C-02-4�6 \� r_ 1? 70 -127 4" 1278 1 06377 %14 )PON. 221,, 225 _Wz UJ .20 LU U, 41-2 0 > W Willow River Veterinary Services (Mill C TMP 07700-00-00-04700 Conceptual Plan R STATE CORPORATION COMMISSION 9&XMI0.02w, Juty 30, 1447 1 ♦I I m r � / Hittcneat LLC ♦ � I ♦ -♦ I � r r � / I -I / i i.r� ♦ � - _/ �- /ice-i/_�_ ice♦ . �.. �-.. lillilli, jjjlll� `e &.�, ode COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION ARTICLES OF ORGANIZATION Pursuant to Chapter 12 of Title 13.1 of the Code of Virginia the undersigned states as follows: 1. The name of the limited liability company is Hillcrest LLC 2. The address of the initial registered office in Virginia is c/o Mc jir , Woods. Battle & Boothe LLP 418 East Je f rsoa atreet. Cha lQttesvil 1 e yjrai ni a 22902 located in the [ X ] City of [ ] County of Charlottesyille 3. A. The registered agent's name is Frederick L. Russell whose business address is identical with the registered office. B. The registered agent is (mark appropriate box): (1) an INDIVIDUAL who is a resident of Virginia and [ 1 a manager of the limited liability company [ J a member of the limited liability company [ X I a member of the Virginia State Bar OR (2) [ j a professional corporation of attorneys registered under Virginia Code §54.1-3902 4. The post office address of the principal office where the records will be maintained pursuant to Virginia Code §13.1- 1028 is 1618 WP,iatwood Road. Charlottesville. Virginia 22903 5. The latest date on which the limited liability company is to be dissolved and its affairs wound up is December 31, 2026. 6. Any deed, bill of sale, assignment, deed of trust, security agreement, lease, contract of sale or other commitment purporting to convey or encumber the interest of the limited liability company in all or any portion of any real or personal property, any contract for services or property, or any evidence of indebtedness Shall bind the limited liability company when executed in the limited liability company's name either by all of the members of the limited liability company or by the limited liability company's manager. Any member or the manager may certify to any person, firm or corporation having an interest therein that a person's authorizations are in conformity with the limited liability company's Articles of Organization and its Operating Agreement as amended and may also certify the incumbency and true signature of the manager and all other persons acting on behalf of the limited liability company. 7. Signature: ' rederick L. Russell, Organizer date / SECOND AMENDMENT TO OPERATING AGREEMENT OF HILLCREST LLC This document evidences an amendment to the Operating Agreement of Hillcrest LLC dated July 28, 1997 (the "Operating Agreement') among the members of Hillcrest LLC (the "LLC'), first revised April 15, 1998. WHEREAS the percentage ownership in the LLC has changed among the members, pursuant to certain transfers between them and it is the desire of the members to evidence their respective current interest, now, therefore, effective immediately, the parties hereto agree as follows: 1. Restated Members' Interests. Denico Development Co. has transferred ownership of its 30% interest to its shareholders, Denise E. LaCour and W. Greg LaCour as set forth below. The LLC is, therefore, currently owned as follows: David S. and Anna Marie Witmer 35% Daniel G. Witmer 25% Leona H. Witmer 10% Denise E. LaCour 15% W. Greg LaCour 15% Total 100% 2. Substitution. By signature below, the Members agree to the substitution of Denise E. LaCour and W. Greg LaCour as Members of the LLC pursuant to the terms of Paragraph 10(i) of the Operating Agreement. 3. LLC Manager.,The Members unanimously vote to have Denise E. LaCour succeed Denico as Manager of LLC.. 4. Notices. Pursuant to Paragraph 14 of the Operating Agreement, any notices shall be sent to Denise E. LaCour and W. Greg LaCour as follows: Denise E. LaCour P. 0. Box 744 Charlottesville, VA 22902 W. Greg LaCour P. 0. Box 744 Charlottesville, VA 22902 BindingEffect. To the extent any provisions hereof conflict with the terms of the Operating Agreement, the Operating Agreement is superseded and replaced by this Amendment; otherwise, the Operating agreement, as amended, remains in full force and effect. 6. By signature below, Denise E. LaCour and W. Greg LaCour agree to be bound by the terms and conditions of the Operating Agreement. WITNESS the following signatures and seals as of this 1st day of May 1998. I YV David S. Witmer, Anna Marie Witmer Daniel G. Witmer Leona H. Witmer JE.7'Cour W. Greg LaCour DEMI DEVELOPMENT CO. enise E. LaCour, President OPERATING AGREEMENT OF HII.LCREST LLC THIS OPERATING AGREEMENT made as of this 28th day of July 1997 by and among, DENICO DEVELOPMENT CO., a Virginia Subchapter S corporation ("DENICO"), DANIEL G. WITMER ("DG WITMER) and DAVID S.WITMER ("DS WITMER). WITNESSETH: That DENICO, DG WITMER and DS WITMER for and in consideration of their respective obligations hereinafter contained, have agreed and do hereby agree as follows: 1. Name and Business. The undersigned Members hereby join together in a Virginia limited liability company under the name of "HILLCREST LLC" (the "LLC") for the purpose of constructing, owning, holding for investment, operating and disposing of a shopping center ("Development") on that certain real estate more particularly described in a certain option agreement dated as of March 16, 1994 by and among Charles W. Hurt, Cathcart Properties, Inc. and Denico Development Co. ("Option Agreement"), which real estate is located on the east side of Route 742 in Albemarle County, Virginia (the "Property"). Cathcart Properties, Inc. assigned all of its rights, title and interest to said Option Agreement to DS WITMER as of May 14, 1997 ("Assignment"), and which DS WITMER subsequently transferred a Fifty Percent interest in said Assignment to DG WITMER as of July 15, 1997 (Witmer Transfer"). A copy of the Option Agreement, Assignment and Witmer Transfer is attached hereto as Exhibits A, B, and C, respectively, and made a part hereof. This Agreement is entered into among the LLC and the Members for the exclusive benefit of the LLC, its Members and their successors and assignees; it expressly is not intended for the benefit of any creditor of the LLC or any other person; and no such creditor or third party shall have any rights under this Agreement or any agreement between the LLC and any Member with respect to any capital contribution or otherwise. No Member shall be liable as such for the liabilities of the LLC. The failure of the LLC to observe any formalities or requirements under this Agreement or the Virginia Limited Liability Company Act (the "Act") shall not be grounds for imposing personal liability on the Members or any Manager for liabilities of the LLC. EACH MEMBER ACKNOWLEDGES THAT THE BUSINESS ACTIVITIES AND INVESTMENTS CONTEMPLATED HEREIN ARE SPECULATIVE IN NATURE AND INVOLVE -A VERY HIGH DEGREE OF RISK INCLUDING, AMONG OTHER THINGS, MARKET CONDITIONS. LACK OF LIQUIDITY AND TAX CONSIDERATIONS, (i) First, to the Members in proportion to their respective Membership interests, to the extent of each Member's positive balance, if any, evidenced by the sum of the Initial Capital Contribution plus any Additional Capital Contribution; and (ii) Second, the balance of such losses shall be allocated to the all Members in accordance with their respective Membership interests. (d) Tax Allocations. Except as required by sections 704(b) or 704(c) of the Internal Revenue Code or the Regulations thereunder, the LLC will allocate its tax items in the same manner and in the same percentages that its book items are allocated in accordance with this Paragraph. The LLC's allocation shall comply with the Regulations' under section 704(b) of the Code (the "Regulatory Allocations") including requirements related to qualified income offsets, minimum gain chargebacks, minimum gain chargebacks related to Member nonrecourse debt, allocations of Member nonrecourse debt, and allocations of nondeductible expenditures under section 705(a) (2) (B) of the Code. To the extent such compliance with the Regulatory Allocations distorts the economic sharing ratios desired by the Members, the Managers shall cause the LLC to allocate subsequent profits, losses, income, gain, and credits to the extent permitted under such Regulations to cure such distortion. Furthermore, the Manager in his discretion shall make all elections with regard to, and determine the manner that, differences between the capital accounts maintained by the LLC and tax capital accounts are eliminated. The Manager currently intends to eliminate such differences, if any, as slowly as permissible under applicable Regulations. (e) Tax Year and Accounting Matters. The taxable year of the LLC shalt be the calendar year. The LLC shall adopt such methods of accounting and file its tax retums on the methods of accounting determined by the Manager upon the advice of the certified public accounting firm servicing the LLC. (f) Tax Elections. The Manager, in the exercise of his reasonable discretion, may cause the LLC to make, refrain from making or revoke any tax elections provided for under the Code. (g) Tax Matters Member. The Manager shall be the LLC's "Tax Matters Person" for federal income tax purposes. 5. Management. (a) The Members unanimously agree that the exclusive responsibility for managing the day-to-day business and affairs of the LLC shall be delegated to a manager (the "Manager") and hereby unanimously consent to the election of DENICO as the 5 initial Manager. No compensation shall be due any Member for acting in the capacity as Manager. The Manager shall serve and continue in such office throughout the entire term of the LLC unless sooner removed by 2/3 vote of the outstanding Members' interest (exclusive of the then Manager's Membership interest), by operation of law, by order or decree of any court of competent jurisdiction, by voluntary resignation or upon the occurrence of any event by which the Manager ceases to be a Member. If at any time' a Manager ceases to function as such, the 2/3 vote of the outstanding Members' interest shall be required to designate a new Manager. (b) Each Member shall have a voice in policy decisions of the LLC business including all decisions described in Exhibit F attached hereto and made a part hereof.' Policy decisions relating to the LLC business shall be made by the affirmative vote of Members owning at least 2/3 of Membership interests in the LLC. No Member shall receive compensation for services rendered to the LLC as a Member nor interest on his contribution to the LLC capital. Notwithstanding the foregoing, it is expressly understood that in connection with the LLC's proposed Development, that the following Member and its affiliates are entitled to the specified compensation; (i) LACOUR REALTY AND INVESTMENTS, which is owned. by the same shareholders who own DENICO, shall receive the real estate commission due and payable on the sale of the Property from Dr. Hurt to the LLC pursuant to the Option Agreement. (ii) DENICO shall receive a developer's fee Of 409W lkl�il Dollars {} payable upon closing of the Property. (iii) LACOUR REALTY AND INVESTMENTS shall receive Fifty Percent (50°%0) of the real estate commissions due and payable on the lease and/or sale of any portion of the Property or Development. Further, LACOUR REALTY AND INVESTMENTS shall receive the selling side of the real estate commissions due and payable on the lease and/or sale of any portion of the Property or Development in the event that such lease and/or sale is directly attributable to its efforts only. (c) The LLC is authorized to enter into an agreement retaining LACOUR REALTY AND INVESTMENTS and/or any affiliated entity to act as property manager for the Development. (d) The LLC's Manager is DENICO which hereby is authorized to act for the LLC in all respects in negotiating, entering into and closing all of the transactions described in this Agreement, expressly including the authority hereby conferred to execute all documents necessary or convenient in connection therewith. Title to the LLC n IN WITNESS WHEREOF, the parties have signed this Agreement. DEMCO P,LVELOPMENT CO. v By: enis E. LaCour Its: 4resi nt By signature below, the undersigned hereby agrees to the terms and provisions of iph 17 -herein. i J Daniel G. WjM#,AM.D. By signature below, the undersigned expresses consent to the provisions of Paragraph 5(b)(iii) and 5(c). 14 TC.