FINAL ACTIONS Planning Commission Meeting of June 4, 2013

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FINAL ACTIONS Meeting of June 4, 2013 AGENDA ITEM/ACTION FOLLOW-UP ACTION 1. Call to Order. Meeting was called to order at 6:00 p.m. by Mr. Morris, Chair. PC members present were Mr. Morris, Mr. Dotson, Mr. Franco, Mr. Randolph, Mr. Smith, and Mr. Lafferty, Vice-Chair. Mr. Loach and Ms. Monteith were absent. Staff present was Claudette Grant, J.T. Newberry, Brent Nelson, David Benish, Wayne Cilimberg, Sharon Taylor, and Greg Kamptner. 2. Other Matters Not on the Agenda from the Public None 3. Committee Reports The following committee reports were given: Mr. Randolph noted the following: The Village of Rivanna Regional Advisory Council met yesterday with CVR Richard Ellis, developer for the Rivanna Village project in the Village of Rivanna, to discuss their latest development concepts. Their application, once submitted to the County and reviewed by staff, will be heard by the Commission. The Historic Preservation Committee met and expressed concern that some records with some considerable historical importance were disposed of. Efforts are being made to prevent this from happening in the future. Highlighted points from the Citizen s Planning Education Association Virginia Planning and Zoning Conference, particularly regarding proffers. He turned the information packet over to 1

Mr. Morris to circulate to Commissioners to review and return. 4. Consent Agenda Approval of Minutes: October 30, 2012. APPROVED CONSENT AGENDA, by a vote of 6:0. 5a. Public Hearing Items SP-2013-00011-Verizon Wireless/Boiling Siding/Brochu Property - Tier III Personal Wireless Service Facility PROPOSED: Request for installation of a 95 tall monopole structure & associated ground equipment on 21.1 acres. No dwellings proposed. ZONING CATEGORY/GENERAL USAGE: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots), and Entrance Corridor (EC) Overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access. SECTION: Chapter 18 Section 10.2.2.48 of the Albemarle County Code, which allows for Tier III personal wireless service facilities (reference 5.1.40) COMPREHENSIVE PLAN: Rural Areas in Rural Area 4 preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre in development lots) LOCATION: Tax Map 127, Parcel 40A: At the intersection of Irish Road [State Route 6] and Old Green Mountain Road [State Route 722] MAGISTERIAL DISTRICT: Samuel Miller (Brent Nelson) Clerk: Finalize Minutes for signature 10-30-12 Clerk: Action Letter Recommend approval of SP-2013-00011 with staff s recommended conditions, as amended and shown in Attachment 1. This will go before the Board of Supervisors on July 10, 2013. RECOMMEND APPROVAL OF SP- 2013-00011, by a vote of 6:0, with the 2

conditions outlined in the staff report, as amended and shown in Attachment 1. 5b. SP-2013-00009 All Things Pawssible PROPOSED: Special Use Permit for dog day care, training and overnight boarding. ZONING CATEGORY/GENERAL USAGE: Airport Impact Overlay and Planned Unit Development (Industrial) SECTION: 29.2.2.1 Commercial Kennel (via Section 26.2) COMPREHENSIVE PLAN LAND USE/DENSITY: Industrial Service warehousing, light industry, heavy industry, research, office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01-34 units/acre) in Neighborhood 4. ENTRANCE CORRIDOR: No LOCATION: 1201 Stony Ridge Road (Rt. 1000) [appx. 750 feet from intersection of Stony Ridge Road and Southern Parkway (Rt. 1165)] TAX MAP/PARCEL: 076M1000001200 MAGISTERIAL DISTRICT: Scottsville (JT Newberry) RECOMMEND APPROVAL OF SP- 2013-00009, by a vote of 6:0, with the conditions outlined in the presentation and shown in Attachment 2. 5c. ZMA-2013-000001 The Lofts At Meadowcreek PROPOSAL: Rezone approximately 2.80 acres from R-4-Residential zoning district which allows residential uses at a density of 4 units per acre to NMD- Neighborhood Model District zoning district which allows residential (3 34 units/acre) mixed with commercial, service and industrial uses. Proposed 65 maximum dwelling units for a density of 23units/acre. ENTRANCE CORRIDOR: No AIRPORT IMPACT AREA: Yes PROFFERS: Yes COMPREHENSIVE PLAN: Urban 3 Clerk: Action Letter Recommend approval of SP-2013-00009 with the conditions included in staff s presentation and shown in Attachment 2. This will go before the Board of Supervisors on a date to be determined. Clerk: Action Letter Recommend approval of ZMA-2013-00001 with revised proffers as recommended by staff and amended to reflect a reduction in the cash proffer to reflect the eleven (11) by right units and the three (3) additional affordable units that are being proffered as outlined in Attachment 3. Action Letter - Recommend approval of special exception for waiver of Section 20A.8(a) and (b) of the Zoning Ordinance, Neighborhood Model District that requires a mixture of dwelling unit types and a mixture

Density Residential residential (6.01 34 units/ acre); supporting uses such as religious institutions, schools, commercial, office and service uses Places 29 Corridor LOCATION: 605 Rio Road East in Neighborhood 2 TAX MAP/PARCEL: 061A0000001500 and 061A0000001700 MAGISTERIAL DISTRICT: Rio (Claudette Grant) RECOMMEND APPROVAL OF SPECIAL EXCEPTION, by a vote of 6:0, for waiver of Section 20A.8(a) and (b) of the Zoning Ordinance, Neighborhood Model District that requires a mixture of dwelling unit types and a mixture of uses. of uses. Action Letter Recommend approval of special exception for waiver to allow disturbance of critical slopes based on the information provided in the staff report. Regarding special exception for a parking waiver, if staff concludes they can recommend approval that can be taken up with the Board of Supervisors. The matter will go before the Board of Supervisors on a date to be determined. RECOMMEND APPROVAL OF SPECIAL EXCEPTION, by a vote of 6:0, for waiver to allow disturbance of critical slopes based on the information provided in the staff report. RECOMMEND APPROVAL of ZMA- 2013-00001 with revised proffers as recommended by staff and amended to reflect a reduction in the cash proffer to reflect the eleven (11) by right units and the three (3) additional affordable units that are being proffered as outlined in Attachment 3. 8. New Business Question about enforcement of shared parking agreements. Staff noted the zoning department keeps track of those agreements. The Emergency Communication Center has upgraded its mass notification system and registration is needed to receive a phone message, email or text in the event of an emergency. THE NEXT PLANNING COMMISSION MEETING WILL BE HELD ON TUESDAY, JUNE 11, Staff: None 4

2013 AT 6:00 p.m. 9. Old Business None 10. ADJOURN TO JUNE 11, 2013, 401 MCINTIRE ROAD, AUDITORIUM, SECOND FLOOR, CHARLOTTESVILLE, VIRGINIA. The meeting was adjourned at 7:44 p.m. Staff: None Attachment 1 SP-2013-00011-Verizon Wireless/Boiling Siding/Brochu Property - Tier III Personal Wireless Service Facility - Recommended Conditions of Approval Attachment 2 SP-2013-00009 All Things Pawssible Recommended Conditions of Approval Attachment 3 ZMA-2013-000001 The Lofts At Meadowcreek Recommendation for ZMA Proffers and Special Exception Waivers 5

ATTACHMENT 1 SP-2013-00011-Verizon Wireless/Boiling Siding/Brochu Property - Tier III PWSF Recommended Conditions of Approval The recommends approval of this facility at ten (10) feet above the tallest tree with the conditions outlined below. 1. Development and use shall be in general accord with the conceptual plan titled Boiling Siding (Brochu Property) 3706 Irish Road, Esmont, VA22937 prepared by Justin Y. Yoon latest revision date 5/15/13 (hereafter Conceptual Plan ), as determined by the Director of Planning and the Zoning Administrator. To be in general 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.: a. Height b. Distance above reference tree Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 6

SP-2013-00009 All Things Pawssible Recommended Conditions of Approval ATTACHMENT 2 1. Development of the use shall be in general accord with the conceptual plan titled All Things Pawssible Conceptual Plan dated March 18, 2013, and revised May 28, 2013, as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Conceptual Plan, development and use shall reflect the following major elements within the development essential to the design, as shown on the plan: Location of outdoor play areas Height, type and material for fencing around outdoor play areas Location of approved parking areas 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 total number of dogs admitted for daycare each day shall not exceed 70 dogs. 3. The total number of dogs kept for boarding shall not exceed 30 dogs. 4. The total number of guests invited for events shall not exceed 75 people. 5. Dogs located in outdoor play areas shall be supervised by the permittee s staff. 6. Off-site parking shall be provided for any event open to the public or allowed by Condition 4 for which more than 12 guests are invited. Prior to the first event or in conjunction with approval of a site plan for the site, whichever occurs first, the permittee shall obtain approval of an instrument for shared parking as provided under Albemarle County Code 18-4.12.8(e) and 18-4.12.10 for up to 63 invited guests. 7. The use shall commence on or before July 3, 2018 or permit shall expire and be of no effect. 7

Attachment 3 ZMA-2013-00001 The Lofts At Meadowcreek Recommendation Recommend approval of ZMA-2013-00001 with revised proffers as recommended by staff and amended to reflect a reduction in the cash proffer to reflect the eleven (11) by right units and the three (3) additional affordable units that are being proffered. Staff has identified the following factors which are unfavorable to this request: 1. The proffers need to be substantively and technically revised. 2. Fire/Rescue s concern regarding fire safety of the site needs to be addressed. 3. The Application Plan and the Code of Development needs to be technically and substantively revised. 4. VDOT issue regarding an internal access road to detention facility needs to be addressed. 5. No cash proffers provided. Recommend approval of special exception for waiver of Section 20A.8(a) and (b) of the Zoning Ordinance, Neighborhood Model District that requires a mixture of dwelling unit types and a mixture of uses. Recommend approval of special exception for waiver to allow disturbance of critical slopes based on the information provided in the staff report. Regarding special exception for a parking waiver, if staff concludes they can recommend approval that can be taken up with the Board of Supervisors. 8