HomeMy WebLinkAboutSP201700022 Review Comments Special Use Permit 2018-03-27COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4176
March 27, 2018
Ellie Ray
Milestone Partners
300 2nd Street NE
Charlottesville, VA 22902
eras@milestonepartners.co
RE: ZMA201700008 and SP201700022 CASPCA Expansion and Amendment Submittal dated
December 18, 2017
Dear Mrs. Ray:
Thank you for your resubmittal of Dec. 18, 2017. 1 apologize for the long lag time in providing you
written comments. I know that J.T. Newberry has had several phone conversations and emails
since that time to clarify items on the plan and discuss remaining issues. I also know that you have
paid for the public hearing fees and would like to go to the Planning Commission for an April 24,
2018 public hearing.
The comments below cover the items that I view as outstanding and for which it would preferable
to find resolution before going to the Planning Commission meeting.
Neighborhood Model — Relegated Parking
The staff report for the Preapplication Work session discussed some of the applicable principles of
the Neighborhood Model, and one of the specific questions discussed with the Planning
Commission focused on relegated parking. The Planning Commission was not supportive of
redesigning the site to relegate the proposed parking area at the front of the site, but did agree
that screening and buffering would be important. Objective 6 in Chapter 8 of the Comprehensive
Plan further discusses the importance of screening and buffering this type of area.
To this end, staff notes the retaining walls shown for the parking area are considered to have a
"negative visual impact" as described under Section 32.7.9.7. We request additional information
about how the remaining undisturbed area between the parking area and Berkmar Drive can be
sufficiently utilized to mitigate this impact.
Comment: First, thank you for indicating your willingness to provide a bus stop improvement. Is
this something you will proffer?
Secondly, thank you for providing additional information about landscaping of the parking area.
The plan now shows a retaining wall, a strip of land identified as, "Approx. Location of Prop. Tree
Conservation Area," a proposed bus stop improvement and a note indicating 'frontage
landscaping to be improved with additional plantings area of land between the proposed parking
lot and Berkmar Drive. As you know this area was shown as a "tree conservation area" on the
Special Use Permit (SP) plan approved in 2007. The Planning Commission indicated in its
preapplication work session that disturbance of this area could be considered with your SP
application. The additional information is helpful in knowing what is proposed for that area.
Before this plan goes to the Board of Supervisors, a few changes will be needed to the plan you
submitted. The word, "Approx." will need to be removed when describing the locations of the
various tree conservation areas. Otherwise, your level of commitment to preserving trees is
unknown. Also, It appears that the vegetation near the proposed retaining wall, and for a distance
of about 100. will be disturbed during construction of the parking lot and retaining wall. Staff can
support the replanting of vegetation in this area to screen the parking lot; however, the plan needs
to realistically represent the locations where trees will be retained. In addition, be aware that
parking lot screening will need to be added at the northern end of the parking lot adjacent to
Berkmar Drive.
Neighborhood Model — Respecting Terrain and Careful Grading and Regrading of Terrain
The preliminary grading shown on Sheet C2.1 notes that 2:1 slopes will be created. The
Comprehensive Plan recommends grades at a maximum of 3:1 or 4:1 slope and against
establishing slopes that would qualify as either "managed" or "preserved" slopes. Appendix 8 in
the Comprehensive Plan contains additional design guidance for slopes to be more consistent with
this principle. Please revise the plan as necessary to incorporate this guidance or provide
additional information about why 2:1 slopes are unavoidable.
Comment: Thank you for providing additional information on and showing expected grading for
the area between the parking lot on the south side of the site. The revised plan shows mostly 3:1
slopes and your letter provides information on use of 2:1 slopes.
There are three areas of slopes proposed for grading at 2:1 that are still shown on the plan. While
the County does allow for vegetation other than grass to be used for stabilizing 2:1 slopes, we
continue to have concerns with these slopes and recommend that grading at 2:1 be further
minimized. Use of terraced retaining walls is preferable. Stabilizing 2:1 slopes with vegetation
requires a strong commitment to maintenance that few entities are able to sustain.
Area Labeled "Future Expansion, Size/Location TBD"
Please revise this label and add additional notes to clarify what the shaded area represents. Is this
area meant to identify the potential footprint for future building(s)?
Staff has reviewed the plan and notes that you have now identified this area as a place for future
structures. We still have concerns about the location of future buildings and parking in relation to
the adjacent residentially zoned and designated land. As a result, we must recommend that a 30'
buffer zone (not just a 20' landscape buffer) be established with vegetative screening to protect
future adjacent residents. This 30' buffer zone would extend the required 20' buffer by 10' and no
parking would be allowed in it.
Special Exception Requests
5.1.11 COMMERCIAL KENNEL, VETERINARY SERVICE, OFFICE OR HOSPITAL,
ANIMAL HOSPITAL, ANIMAL SHELTER
Each commercial kennel, veterinary service, office or hospital, animal hospital and animal shelter
shall be subject to the following:
a. Except where animals are confined in soundproofed, air-conditioned buildings, no structure or
area occupied by animals shall be closer than five hundred (500) feet to any agricultural or
residential lot line. For non -soundproofed animal confinements, an external solid fence not less than
six (6) feet in height shall be located within fifty (50) feet of the animal confinement and shall be
composed of concrete block, brick, or other material approved by the zoning administrator;
b. For soundproofed confinements, no such structure shall be located closer than two hundred (200)
feet to any agricultural or residential lot line. For soundproofed and non -soundproofed
confinements, sound measured at the nearest agricultural or residential property line shall not
exceed fifty-five (55) decibels;
Comment: Staff can support your request for a special exception to allow non -soundproofed
structures for animals to be located closer than 500' to the closest residential property line and
requirement for the enclosures be surrounded by an external solid fence for the existing animal
enclosures. However, these existing enclosures must be clearly shown on the proposed plan.
Regarding your request to locate soundproofed confinements closer than 200' to a residential lot
line, staff can support this request contingent on use of soundproofing materials as described in
the letter dated December 12, 2017 from William Daggett.
Proffers and SP Conditions
Comment: Staff continues to believe that restrictions are needed on the uses allowed on TMP 45-
88 and cannot support an unfettered rezoning on the parcel. Please see the attachment which
identifies C1 Commercial uses that may not be appropriate on TMP 45-88.
With restrictions on uses on TMP 45-88, staff believes the following conditions are appropriate for
the special use permit:
1. Development and use shall be in general accord with the conceptual plan titled
"Charlottesville Albemarle SPCA Site Plan" and "Charlottesville Albemarle SPCA Grading and
Drainage," prepared by Timmons Groups and dated December 18, 2017, last updated xx,
(hereafter "Conceptual Plan"), as determined by the Director of Planning and the Zoning
Administrator. To be in accord with the Conceptual Plan, development and use shall reflect
the following major elements within the development essential to the design of the
development, as shown on the Conceptual Plan:
• limits of disturbance
• location of buildings and structures
• location of parking areas
• no parking lots, driveways, or permanent structures allowed within 30 feet of the property
lines adjoining parcels zoned residentially
• preservation of areas shown for tree conservation and in which no structures are proposed
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 buffer zone (shown as "20' landscape buffer on the plan) be extended by 10' to create a
30' buffer zone in which no parking is allowed and which shall be vegetatively screened.
3. Fundraising activities and other special events shall not occur unless a zoning clearance has
been issued by the Department of Community Development;
4. Animals may be walked and/or exercised outside only between the hours of 8:00 a.m. and
7:00 p.m. While animals are outside, they must be supervised and be either on a leash if
outside the fenced area or contained within a fenced area if not on a leash;
5. Support facilities located on TMP 45-88 must be shown on an approved site plan and fenced to
the satisfaction of the Zoning Administrator;
6. Provision of a tree conservation plan shall be provided and approved prior to approval of the
final site plan.
Specific wording of these conditions is subject to change as a result of County Attorney review.
Action after Receipt of Comments
After you have read this letter, please take one of the actions identified on "Action After Receipt
of Comment Letter" which is attached.
At present, a public hearing is scheduled for April 24, 2018. As you know, staff will be unable to
recommend approval of the rezoning and special use permit as currently submitted. However, we
can respectfully agree to disagree on the each other's position and you may go directly to public
hearing if you so choose.
Feel free to contact me if you wish to meet or need additional information. My email address is
eechols@albemarle.org.
Sincerely,
Elaine K. Echols, FAICP
Chief of Long Range Planning
CC: LJ Lopez, Ilopez@milestonepartners.co
Enc: C1 Uses
Action After Receipt of Comments
Resubmittal Form
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.
Uses allowed in C1 as of 3-27-18. Uses highlighted in yellow are not recommended for this
rezoning.
22.2.1 BY RIGHT
The following uses shall be permitted in any C-1 district, subject to the applicable requirements of
this chapter. The zoning administrator, after consultation with the director of planning and other
appropriate officials, may permit as a use by right, a use not specifically permitted; provided that
such use shall be similar to uses permitted by right in general character and more specifically,
similar in terms of locational requirements, operational characteristics, visual impact and traffic
generation. Appeals from the zoning administrator's decision shall be as generally provided in
section 34.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
16. Farmers' markets (reference 5.1.47).
17. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the board
of supervisors.
18. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the board
of supervisors.
19. Drive -through windows (reference 5.1.60). (Added 3-2-16)
b. The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Religious assembly use, cemeteries. (Amended 8-9-17)
4. Clubs, lodges (reference 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries, dry cleaners.
11. Laundromat (provided that an attendant shall be on duty at all hours during operation).
12. Libraries, museums.
13. Nurseries, day care centers (reference 5.1.06).
14. Eating establishments.
15. Tailor, seamstress.
16. Automobile service stations (reference 5.1.20).
17. Water, sewer, energy and communications distribution facilities.
18. Public uses (reference 5.1.12).
19. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
20. Dwellings (reference 5.1.21).
21. (Repealed 4-3-13)
22. Automobile, truck repair shop excluding body shop.
23. Temporary industrialized buildings (reference 5.8).
24. Indoor athletic facilities.
25. (Repealed 5-5-10)
26. Stormwater management facilities shown on an approved final site plan or subdivision plat.
27. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
22.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of
supervisors:
1. Commercial recreation establishments including but not limited to amusement centers,
bowling alleys, pool halls and dance halls.
2. Energy and communications transmission facilities.
3. Hospitals.
4. (Repealed 8-9-17)
5. Veterinary office and hospital (reference 5.1.11).
6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the
comprehensive plan.
9. Stand alone parking and parking structures (reference 4.12, 5.1.41).
10. (Repealed 3-2-16)
11. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by public
sewer, involving anticipated discharge of sewage other than domestic wastes.
12. Body shop.
13. Animal shelter (reference 5.1.11).
14. Tier III personal wireless service facilities (reference 5.1.40).
15. Storage/Warehousing/Distribution/Transportation
FOR OFFICE USE ONLY SP # or ZMA #
Fee Amount $ Date Paid By who? Receipt # Ck# By:
Resubmittal of information for Special Use Permit or �`�
Zoning Map Amendment �,�,N;P
PROJECT NUMBER: ZMA 201700008 and SP201700022 PROJECT NAME: CASPCA Expansion and Amend.
X Resubmittal Fee is Required
Elaine Echols_
Community Development Project Coordinator
C� e 3/27/18
L wlu��
Signature
Date
❑ Per Request
Name of Applicant
Signature
FEES
Resubmittal Fee is Not Required
Phone Number
Date
Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,075
First resubmission
FREE
X Each additional resubmission
$538
Resubmittal fees for original Special Use Permit fee of $2,150
❑ First resubmission
FREE
❑ Each additional resubmission
$1,075
Resubmittal fees for original Zoning Map Amendment fee of $2,688
❑ First resubmission
FREE
Each additional resubmission
$1,344
Resubmittal fees for original Zoning Map Amendment fee of $3,763
❑ First resubmission
FREE
❑ Each additional resubmission
$1,881
❑ Deferral of scheduled public hearing at applicant's request — Add'1 notice fees will be required
$194
To be paid after staff review for Dublic notice:
Most applications for Special Use Permits and 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
$215 + actual cost of first-class postage
Preparing and mailing or delivering each notice after fifty (50)
00 for each additional notice + actual
$1.cost of first-class postage
Legal advertisement (published twice in the newspaper for each public hearing)
Actual cost
(minimum of $280 for total of 4publications)
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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