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HomeMy WebLinkAboutSP201700030 Review Comments Special Use Permit 2018-02-12COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4176 February 12, 2018 Dr. Brad DiCarlo, DVM 1320 Barclay Hill Charlottesville, VA 22901 ibdicarlo@gmail.com RE: SP201700030 Willow River Veterinary Services (Mill Creek) Dear Dr. DiCarlo: Thank you for presenting at the 5th & Avon Community Advisory Committee meeting on December 21, 2017. This meeting fulfills the community meeting requirement under Section 33.4 of County Code. Staff from local and state agencies have reviewed the initial submittal for Willow River Veterinary Services (WRVS) at Mill Creek. VDOT, Zoning, Engineering, Inspections, Fire/Rescue, Albermarle County Service Authority (ACSA), Rivanna Water and Sewer Authority (RWSA) and the Architectural Review Board (ARB): Each of these reviewers provided a comment of "no objection" to the proposed plans. Planning Staff finds the proposal to be generally consistent with the Comprehensive Plan. Comments on conformity with the Comprehensive Plan are provided to the Planning Commission and Board of Supervisors as part of the final staff report. Staff has identified a couple of minor clarification questions below that should be resolved prior to the Planning Commission meeting. Special Exception Requests Staff is supportive of the special exception request to reduce the required 200' separation between the proposed location and the closest residential lot line. For clarification in the staff report, have you already decided the type of wall assembly that will be used? The information provided in Appendix A of the application narrative cites different sound attenuation performance based on the type of wall assembly (e.g. single layer of 1/2" drywall vs. double layer of 5/8" drywall). It's not necessarily required to know the exact construction standard now, but I would like to be as specific as possible in the justification for supporting the special exception request. If the construction standard is not known at this time, Staff could support a more general statement like "The construction standard necessary to achieve the required sound attenuation will be used based on the manufacturer's recommendations." Proposed Special Use Permit Conditions The Board of Supervisors usually adopts conditions of approval to offset impacts from special uses For animal -related uses, these conditions are often limited hours of operation or limits on boarding. The WRVS application narrative states that it will only be open Monday through Friday from 7:30am to 6:00pm, and that "Saturday hours may be offered at a future date." Staff will often recommend hours of operation that extend beyond an applicant's request just in case there is a greater need than originally anticipated. With this information in mind, would you object to a special use permit condition on the hours of operation as being "Monday through Saturday from 7:00am to 8:00pm"? The conditions are not finalized until approval by the Board of Supervisors, so it is possible for them to change between the Planning Commission and Board meeting, if necessary (although this is not typical). Action after Receipt of Comments After you have read the comments above, please take one of the actions identified on "Action After Receipt of Comment Letter" which is attached. Resubmittal If you choose to resubmit, please let me know. There is no fee for the first resubmittal. Notification and Advertisement Fees County Code requires applicants to pay the notification costs for public hearings. Prior to confirming a public hearing with the Planning Commission, payment of the following fees is needed: $_245.00_ Cost for newspaper advertisement $_215.00_ Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per owner after 50 adjoining owners) $_460.00_ Total amount due prior to Planning Commission public hearing Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the Board hearing needed. $_245.00_ Additional amount due prior to Board of Supervisors public hearing $_705.00_Total amount for all notifications Payment for both the Planning Commission and Board of Supervisors public hearings may be paid at the some 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 0newberry@albemarle.org. Sincerely, J.T. Newberry Senior Planner CC: Diane Dicarlo, diane dicarlo@hotmail.com Enc: Action After Receipt of Comments DEPARTMENT OF COMMUNITY DEVELOPMENT 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 Dane of vour comment letter with vour 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 plan to 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) Request 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 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. 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 requesting the deferral. If none of these choices is made within 10 days, staff will schedule your application for a public hearing based on the information provided with your original submittal or the latest submittal staff received on a resubmittal date. Fee Payment Fees paid in cash or by check must be paid at the Community Development Intake Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator. Fees may also be paid by credit card using the secure online payment system, accessed at httD://www.albemarle.or2/deDartment.aSD?department=cdd&reloa2e=21685.