HomeMy WebLinkAboutZMA-17-008_ACSPCA_April_24_Attach_2CCP201700002 Charlottesville-Albemarle SPCA
PC September 5, 2017
Staff Report Page 1
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: Work Session to provide
guidance on future ZMA and SP for planned
Charlottesville-Albemarle SPCA Expansion
Staff: J.T. Newberry, Senior Planner;
Elaine K. Echols, FAICP
Planning Commission Pre-Application
Worksession:
September 5, 2017
Board of Supervisors Public Hearing:
N/A
Owners: The Albemarle Society for the
Prevention of Cruelty to Animals, Inc.
Applicant: Ellie Ray, Milestone Partners
Acreage: 8.88 Potentially Rezone from: R-6 Residential to C-1
Commercial
TMPs: 04500-00-00-08600 and 04500-00-00-
08800
Location: 3355 Berkmar Drive
Existing uses: Parcel 86: Animal shelter,
veterinary hospital and associated offices permitted
by special use permit (approved in 2000, amended
in 2008). Parcel 88: vacant.
Proposal: Amend the existing special use
permit and rezone Parcel 88 to permit the
renovation and expansion of the CASPCA
Requested # of Dwelling Units: N/A
Magisterial District: Rio DA (Development Area): Places29
Character of Property: Parcel 86 is developed
with the existing CASPCA facility and Parcel 88
is vacant and forested
Use of Surrounding Properties: Offices,
construction storage yard, multi-family and single
family residences
RECOMMENDATION: Staff recommends that the Commission review the request and provide input on
the application process, as well as guidance for a future rezoning request, especially with respect to
proffers, waivers and site design.
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STAFF PERSON: J.T. NEWBERRY, SENIOR PLANNER
ELAINE K. ECHOLS, FAICP
PLANNING COMMISSION: SEPTEMBER 5, 2017
CCP201700002: CHARLOTTESVILLE-ALBEMARLE SPCA (PRE-APPLICATION WORK SESSION)
REQUEST AND PURPOSE OF THE WORK SESSION
Ellie Ray is requesting preliminary comments on behalf of the applicant, the Charlottesville-
Albemarle Society for the Prevention of Cruelty to Animals (CASPCA), to determine the next
step in the application process. The applicant has plans to renovate and expand the existing
animal shelter. The majority of the planned improvements occur on land where the existing
facility is already permitted by special use permit and is currently zoned C-1 Commercial.
However, a portion of the planned expansion lies on land that is both zoned and designated for
residential uses (R-6 Residential and Urban Density Residential, respectively). The purpose of
this discussion is to identify the necessary application process to move forward with the planned
improvements. The discussion may also identify any “non-starters” for the desired expansion
and provide initial guidance to assist the applicant with a future rezoning submittal.
DESCRIPTION
PROJECT: CCP201700002 Charlottesville-Albemarle SPCA
MAGISTERIAL DISTRICT: Rio
TAX MAP/PARCEL(S): 04500-00-00-08600 and 04500-00-00-08800
LOCATION: 3355 Berkmar Drive
PROPOSAL: Request early input from the Commission on potential SP amendment and ZMA to
permit the renovation and expansion of the CASPCA.
PETITION: Potentially request an amendment to SP200700044 and a rezoning of 2.53 acres on
Parcel 88 from the R-6 Residential Zoning District, which allows residential uses at a density of
6 units per acre to C-1 Commercial, which allows retail sales and service; residential by special
use permit (15 units/ acre).
COMPREHENSIVE PLAN: Properties are located in the Places29 Development Area. Master
Plan shows uses for Parcel 86 as Office/R&D/Flex/Light Industrial (no maximum density);
supporting commercial, professional office; research and development, design, testing of
prototypes; manufacturing, assembly, and packaging. Residential is a secondary use in this
designation. Parcel 88 is shown as Urban Density Residential (6.01-34 units/acre); supporting
uses such as religious institutions, schools, commercial, office and service uses.
CHARACTER OF THE AREA
An aerial image of the area shows the existing CASPCA facility is set back relatively far from
Berkmar Drive compared to the other surrounding offices and commercial uses (Attachment A).
Other nearby uses include a print shop, technology company and medical spa. A large, dense
wooded buffer lies between the subject area and the residences to the west, which are
accessed off Woodburn Road. Higher traffic commercial uses lie to the south and east,
including a UVA Community Credit Union, Lowes, Chik-fil-a and Rio Hill Shopping Center.
SPECIFICS OF THE PROPOSAL
The CASPCA is pursuing a renovation and expansion project in five phases (Attachment B).
The first four phases focus on the existing facility, whereas the last phase involves the
construction of a separate “training center” that would support the functions of the main facility.
Other planned improvements include expansions of the parking areas and a stormwater
treatment facility (Attachment C).
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PLANNING AND ZONING HISTORY
ZMA200000005 and SP200000022 Albemarle SPCA (New Shelter)
These applications rezoned 5.88 acres from R-6 to C-1 and permitted a new animal
shelter, veterinary hospital, and associated offices. At the time, VDOT was acquiring
right-of-way for the proposed Western Bypass through the then-existing SPCA property.
SDP200000060 and SDP200100100 Albemarle SPCA (New Shelter)
The preliminary and final site plans for the construction of a new SPCA site adjacent to
the SPCA facility that pre-dated the 1980 Zoning Ordinance.
SP200700044 Charlottesville-Albemarle SPCA
Amendment to the existing special use permit to allow outside fenced areas for dogs
with specific hours of operation. This approval also included waivers from supplemental
regulations for Animal Shelters and Veterinary Hospitals in Section 5.1.11, as well as the
20-foot buffer requirement between residential and commercial zoning districts.
COMMUNITY MEETING
There has been no community meeting on this project in part because of staff’s
recommendation that a pre-application work session with the Commission could clarify the
application process needed to submit their request. However, staff did provide a notification
letter of the pre-application work session to abutting property owners. Staff also held a
mandatory pre-application meeting with the applicants on August 28th, where the community
meeting requirements for future legislative applications were discussed.
CONFORMITY WITH THE COMPREHENSIVE PLAN
Conformity with the Comprehensive Plan within the Development Areas is assessed at several
different levels, including recommendations of the Master Plan, the overall Comprehensive
Plan, and the Neighborhood Model.
Places29 Master Plan – Land Use Plan
The subject properties (outlined in magenta, below) have two different Comprehensive Plan
designations; Parcel 86 (existing SPCA facility) is shown as Office/R&D/Flex/Light Industrial
(in purple) and Parcel 88 is shown as Urban Density Residential (in orange).
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These properties lie within the Berkmar Drive corridor. This particular section of the corridor is
increasingly exhibiting a more commercial character. There have been several approved
rezonings for adjacent properties that were amended from the R-6 district to a commercial
district (C-1 or Highway Commercial), including ZMA199500025, ZMA199800026, and most
recently ZMA201600009 (the Wood Von Storch rezoning). The location of these parcels are
shown on the zoning map below, where the orange parcels are zoned R-6, the pink parcels are
zoned C-1 and the red parcels are zoned HC:
One important distinction between these prior rezonings and the current proposal is the
Comprehensive Plan designation. In each of the cases referenced above, the designation was
“Transitional” or “Office/R&D/Flex/Light Industrial.” The purpose and intent of the Transitional
designation was to provide spaces for “mixed office, limited commercial and/or residential as
transition between residential and business uses” (p. 31 of the Land Use Plan, 1996-2016
Comprehensive Plan). The recommended primary uses included offices and neighborhood
scale commercial (excluding gas stations).
In contrast, the existing designation for Parcel 88 is Urban Density Residential. The primary
uses in this designation are residential only (multifamily and single-family) and recommend the
most dense residential development permitted in the County at a gross density of 6.01-34
units/acre. Nevertheless, uses like the SPCA, which blend elements of institutional, service, and
public use categories, may be considered as a secondary use in this designation, particularly
when proposed at an appropriate scale. This historical context will be important background for
the first question posed to the Commission found later in the report.
Development Areas Chapter in the Comprehensive Plan
The Comprehensive Plan speaks to the importance of compatibility with surrounding
neighborhoods and uses when introducing infill and redevelopment. Specific language that is
most relevant to this proposal is found under “Objective 6: Promote infill and redevelopment that
is compatible with surrounding neighborhoods and uses.”
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For this project, compatibility with the surrounding area should be considered with a fresh look.
Much of the analysis from the original 2000 rezoning anticipated that the proposed Route 29
Western Bypass would separate the SPCA site from the residential areas located to the west.
Today, we not only know the Western Bypass is no longer going forward, but VDOT has also
advised staff of its intent to bundle and sell several adjacent parcels as one offering to the public
in a competitive sealed bid sale process (Attachment D). Collectively, these adjacent parcels
total approximately 13 acres and will likely be attractive for residential development. The parcels
outlined below in magenta show the maximum potential area to be included in the sealed bid
sale process. This information will be important context for several of the questions posed to the
Commission later in the report.
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Neighborhood Model
Objective 6 from the Development Areas chapter of the Comprehensive Plan also notes that all
the Neighborhood Model Principles may not apply when considering infill and redevelopment.
As a result, only selected principles are assessed below:
Pedestrian
Orientation The existing facility is located relatively far from Berkmar Drive, which
puts this parcel out of character with the surrounding area. Other
adjacent development lies closer to street and their primary structures
are visible from the road. The distance from the street and lack of
visibility can create challenges for pedestrians, but Parcel 86 does
have a sidewalk across its frontage, as well as an internal sidewalk to
safely bring visitors to the front of the main building. The Places29
Master Plan calls for landscaping strips between the sidewalk and
Berkmar Drive with bike lanes on both sides of the road.
The proposed renovation and expansion would not alter the existing
pedestrian improvements. The proposed development does not further
detract from this principle being met.
Buildings and Space
of Human Scale
The topography of the site includes several areas of steep slopes that
makes human-scale building a challenge. The existing facility lies
approximately 30 feet higher in elevation than Berkmar Drive. The site
could more fully meet this principle and be more consistent with the
character of the area by locating the proposed training center closer to
the front of the property. A flat area currently used as a dog playground
at the southeast corner of the site appears to be large enough to
accommodate the proposed footprint of this structure.
As proposed, the proposal does not further negatively impact this
principle, but there may be opportunities for improvement.
Relegated Parking The proposed plan would remove a significant area of trees to
establish additional parking. This parking area would likely become the
most visible area on the site. This principle is not met under this
concept; however, it could be met if the proposed training center was
moved close enough to the street to locate the expanded parking area
on the side of the building.
DISCUSSION QUESTIONS
Comprehensive Plan Amendment
With rezonings, the County should be looking for conformity with the Comprehensive Plan. It is
generally advisable for owners seeking to rezone their property to consider first obtaining an
amendment to the Comprehensive Plan if their rezoning proposal conflicts with the underlying
designation. As such, the request to rezone property to a commercial district generally requires
a commercial designation in the Comprehensive Plan. This case is unique, however, because
the proposed use is not commercial in nature; it has elements of institutional, service, and public
use categories.
Question for the Commission: Should the proposed use on Parcel 88 require a
comprehensive plan amendment? If so, what will be the most important elements of the
CPA review?
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Staff does not believe a Comprehensive Plan Amendment would be beneficial in this case for
several reasons. First, the scope and scale of the proposal is limited. Parcel 88 is 2.53 acres
and the proposed development only slightly extends beyond the limits of the
Office/R&D/Flex/Light Industrial designation. Using the concept provided by the applicant, staff
conservatively estimates the extent of the encroachment into the Urban Density Residential
designation would be less than 50 feet (see Attachment E).
Secondly, it is possible for zoning conditions to limit areas for improvements (such as buildings).
As a result, it may be possible to retain the opportunity for some of the rezoned area to be used
for residential development in the future.
Thirdly, there are aspects of the proposed use that are very similar to other uses allowed in
residential areas, such as institutional uses and areas of assembly. Staff believes that
vegetative screening and buffering could appropriately mitigate impacts to adjoining residential
areas for the proposed use, just as it does with these similar types of uses.
In sum, the proposed expansion onto Parcel 88 is limited and provides additional opportunity for
a well-planned transition between the emerging character of the Berkmar Drive corridor and the
potential for dense residential development nearby.
Voluntary Limitations on the Proposed Rezoning
As mentioned earlier, the 2000 rezoning of Parcel 86 from R-6 to C-1 to permit the existing
SPCA facility anticipated the construction of the Western Bypass. Importantly, Parcel 86 was
also designated for “Transition” under the existing Comprehensive Plan. As a result, staff
analysis at the time did not identify any concerns with a C-1 zoning that permitted all of the
available uses in the district.
Question for the Commission: Is a request to rezone Parcel 88 without any proffered use
limitations consistent with the Comprehensive Plan? If not, are there specific uses that
could cause significant concern in a rezoning request?
Staff believes a C-1 district that limits some of the most potentially objectionable uses will result
in a request that is more consistent with the Comprehensive Plan. This type of request would be
consistent with the other approved rezoning requests adjacent to the subject area referenced
earlier in the report. Specifically, by-right uses related to automobiles (auto repair, service
stations, and drive-through windows), retail, restaurants, construction storage yards and waste
areas should be carefully reviewed for potential conflicts with a nearby residential area.
Waivers
Consistently, the CASPCA has been granted waivers from regulations aimed at reducing
impacts to adjacent properties, such as increased setbacks and undisturbed buffers.
Question: Does the Commission believe similar waivers (now called “special
exceptions”) are appropriate as the SPCA use moves closer to residentially designated
areas?
Staff believes that special exceptions will likely be needed to use Parcel 88 as proposed, but
that they can be appropriately conditioned wherever necessary to mitigate impacts. Staff
encourages the applicant to save existing buffers and screening as much as possible.
Neighborhood Model Principles
The Comprehensive Plan expects that development within the Development Areas will
incorporate Neighborhood Model Principles wherever possible. Building and Spaces of a
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Human Scale and Relegated Parking are not provided with this plan. The major concern is
where the proposed layout replaces a significant wooded area with an expanded parking area.
The proposed expansion would be closer to Berkmar Drive and would be quite visible.
Based on meetings with the applicants, the site has been diligently studied over time and the
proposed layout is the result of balancing many goals: safety of the animals, support for the
CASPCA’s operational model, and cost. The applicant has said that modifications to the
proposed layout would undermine other important priorities.
Question: If the location of the “training center” and expanded parking area cannot be
modified, then does the Commission have input or suggestions on how the site can best
achieve a development consistent with Neighborhood Model Principles?
Staff believes the site would conform to the Neighborhood Model Principles more fully if the
training center was moved closer to Berkmar Drive and the expanded parking area was related
to the existing facility. If that is not an option, then staff believes it will be very important to
screen the expanded parking area as much as possible.
RECOMMENDATION
Staff recommends that the Commission review the request and provide input on the application
process, as well as guidance for a future rezoning request, especially with respect to proffers,
waivers and site design.
ATTACHMENTS
ATTACHMENT A: Aerial Map
ATTACHMENT B: Applicant’s Request
ATTACHMENT C: Concept for Discussion
ATTACHMENT D: Notice Letter from VDOT
ATTACHMENT E: Side-by-side Comparison of Comprehensive Plan and Applicant Concept