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Home My WebLink AboutSP201600018 Application 2016-07-18 Albemarle —+ Community Development Departrr ru. y�` /`it� t� 401 McIntire Road Charlottesville,VA 22902-4f g Planning Application wid Voice:(434)296-5832 Fax:(434)972-4 PARCEL/ OWNER INFORMATION TMP 04500-OO-OO--0�►68C1r�r� Owner(s): B PROPERTIES LC Application # SP201 00 1p PROPERTY INFORMATION Legal Description I ACREAGE PARCEL"A" BETTER LIVING BUILDING SUPPLY Magisterial Dist. 1 Rio Land Use Primary Commercial Current AFD Not in A/F District Current Zoning Primary Hughway Commercial [APPLICATION INFORMATION Street Address 2070 SEMINOLE TRL CHARLOTTESVILLE, 22901 Entered Application Type °Special Use Permit Judy Martin 17/19/2016 Project Malloy Ford Body Shop Received Date 07/18/16 Received Date Final Submittal Date 07/18/16 Total Fees Closing File Date Submittal Date Final Total Paid Revision Number Comments ARS-OK Legal Ad SUB APPLICATION(s) Type I Sub Application Comment ,._.� Nrbi use Permit. 107/18/16 APPLICANT/CONTACT INFORMATION ContactType Name I Address CityState ] Zip Phone f PhoneCt 0vanerfApplicant 8 PROPERTIES LC P 0 BOX 7627 CHARLOTTESVILL 122906 Signature of Contractor or Authorized Agent Date FOR OFFICE USE ONLY SP# SIGN# —kr✓ Fee Amount$ Date Paid By who? Receipt# Ck# By: ZONING ORDINANCE SECTION MI. if .I 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?) Malloy Ford Body Shop PROPOSAL/REQUEST: Body Shop ZONING ORDINANCE SECTION(S): 24.2.2(17) EXISTING COMP PLAN LAND USE/DENSITY: Commercial Mixed Use LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT: 2070 Seminole Trail TAX MAP PARCEL(s): 45-68C1 (shared access easement on 45-68A) ZONING DISTRICT: Highway Commercial #OF ACRES TO BE COVERED BY SPECIAL USE PERMIT(if a portion,it must be delineated on a plat): Is this an amendment to an existing Special Use Permit?If Yes provide that SP Number.SP- 0 YES ® NO Are you submitting a preliminary site plan with this application? 0 YES ®NO Contact Person(Who should we call/write concerning this project?): Valerie W. Long, Williams Mullen Address 321 East Main Street, Suite 400 City Charlottesville State VA Zip 22902 Daytime Phone( ) 951-5709 Fax#( ) E-mail vlong@williamsmullen.com Owner of Record B Properties LC, John Nunley, Better Living Address P.O. Box 7627 City Charlottesville State VA Zip 22906 Daytime Phone( ) 962-0500 Fax#( ) E-mail jnunleym5@btrlvg.com Applicant(Who is the Contact person representing?): Malloy Properties VI, LLC (contract purchaser) Address 1300 Richmond Road City Charlottesville State VA Zip 22911 Daytime Phone( ) (703) 309-2004 Fax#( ) E-mail gmalloy2@aol.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: 45-68A, 45-112A, 45-112B FOR OFFICE USE ONLY History: ❑ Special Use Permits: Concurrent review of Site Development Plan? 0 YES ❑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 f• ' REQUIRED ATTACHMENT& HER INFORMATION TO BE PROVII for THE APPLICATION TO BE OFFICIALLY SUBMITTED ErOne(1)completed& signed copy of the Checklist for a Special Use Permit. Tllc ❑ One(1)copy of the Pre-application Comment Form received from county staff 14OJ're4U,r .d (`f/Pc ❑ One(1)copy of any special studies or documentation as specified in the Pre-application Comment Forms Seventeen (17)folded copies of a Conceptual Plan. ''eventeen (17)copies of a written narrative with section TITLES as follows: • PROJECT PROPOSAL The project proposal, including o its public need or benefit; o how the special use will not be a substantial detriment to adjacent lots, o how the character of the zoning district will not be changed by the proposed special use, and o 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. 'One(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 roject,both of which shall include a metes and bounds description of the boundaries. One(1)copy of ownership information (if applicant is not also 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. 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 of 3 ~ ' fire Owner/Applicant Must Read and Sly,/ 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 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. VattA.,(;.) ig" i , q Signature of Owner/Agent or .ntra urchaser Date [Al611�P� W Lo95/- 57u ' Print Name 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 you applying for? ® New S.ecial Use Permit $2,150 ❑ Additional lots under section 10.5.2.1 $1,075 U 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 parking $118 ❑ Signs under section 4.15.5 and 4.15.5A(filed for review by the Board of Zoning Appeals under the Variance Schedule) $538 To be paid after staff review for public 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$450 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 higher. D Preparing and mailing or delivering up to fifty(50)notices $215 +actual cost of first-class postage D 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) D Special Exception—provide written justification with application-$457 Other FEES that may apply: D Deferral of scheduled .ublic hearing at a..licant's re•uest $194 Resubmittal fees for original Special Use Permit fee of$2,150 D First resubmission FREE D Each additional resubmission(TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,075 �,-��- ., �`": ._ ;. ,> � �. �� f �,.. Vin. ��-, Resubmittal fees for original Special Use Permit fee of$1,075 D First resubmission FREE D Each additional resubmission(TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $538 The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance. Special Use Permit Application Revised 11/02/2015 Page 3 of 3 4 _ 1444111 ‘'4460' 4.,1001 SPECIAL USE PERMIT CHECKLIST for fl I ) Foy-61 eody Shop MP its- &gel Projectfiame/Tax Map Parcel Numbe After the mandatory pre-application meeting,county staff will mark this checklist appropriately so that it is clear to the applicant the information from Section 33.4(c)that must be submitted with the official application Name or initials of EXAMPLE staff filling out form Required for Provided with application? application (County Staff) (Applicant) SECTION 33.4(c) X X YES NO f A narrative of the project proposal,including its public need or benefit; 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; A narrative of the proposed project's impacts on public facilities and public infrastructure. ✓. A narrative of the proposed project's impacts on environmental features. / A narrative of the proffers proposed to address impacts from the proposed project. One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions; A conceptual plan showing,as applicable: 1)the street network,including circulation within the project and connections to existing and proposed or planned streets within and outside of the project; r ) 2)typical cross-sections to show proportions,scale and streetscape/cross- �- sections/circulation; 3)the general location of pedestrian and bicycle facilities; ✓ 4) building envelopes; 5) parking envelopes; EXAMPLESPECIAL USE PERMIT CHECKLIST 04/2013 Page 1 of 2 I ✓, 6) public spaces and amenities; TVA 7)areas to be designated as conservation and/or preservation areas; 8)conceptual stormwater detention facility locations; / 9)conceptual grading; Other special studies or documentation,if applicable,and any other information / identified as necessary by the county on the pre-application comment form. Please note: There are additional submittal requirements outlined on the official application for a Special Use Permit. Read and Sign EXAMPLE 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. Signature of person completing thi ecklist Date VcIe kJ, Lo 5/ - 57o .7 Print Name Daytime phone number of Signatory EXAMPLE SPECIAL USE PERMIT CHECKLIST 04/2013 Page 2 of 2 7/19/2016 Tax Search&Pay Tax Year All • !Pay Status I Both • Record Type Real Estate • I Search By I Parcel ID Number • 045000000068c1 Search Tips Increase the speed and accuracy of your Tax Search: • Select a Tax Year • Select a Pay Status • Select the Record Type Personal Property requires your Account Number,Zip Code,and Last 4 digits of your SSN.If login fails change SSN to last 4 of your Driver's License.If unsuccessful please contact the Tax Office. • Choose Search Criteria • For Name Searches use Last Name followed by First name Example:Smith,John Tax record invoice Inst =:3w;nt.f Na t.: Descriptionfyn Due Date Date Paid Status edr 152701 2016 2 B 2070 SEMINOLE TRL Real 12/5/2016 Due PROPERTIES CHARLOTTESVILLE,VA 22901 Estate LC PARCEL"A"//ACREAGE BETTER LIVING BUILDING SU 188491 2010 1 B 2070 SEMINOLE TRL Real 6/7/2010 6/1/2010 V PROPERTIES CHARLOTTESVILLE,VA 22901 Estate Paid LC PARC EL"A"//ACREAGE BETTER LIVING BUILDING SU 188492 2010 2 B 2070 SEMINOLE TRL Real 12/6/2010 11/18/2010 V PROPERTIES CHARLOTTESVILLE,VA 22901 Estate Paid LC PARCEL"A"//ACREAGE BETTER LIVING BUILDING SU 188493 2011 1 B 2070 SEMINOLE TRL Real 6/6/2011 5/25/2011 41, PROPERTIES CHARLOTTESVILLE,VA 22901 Estate Paid LC PARCEL"A"//ACREAGE BETTER LIVING BUILDING SU 188494 2011 2 B 2070 SEMINOLE TRL Real 12/5/2011 11/28/2011 V PROPERTIES CHARLOTTESVILLE,VA 22901 Estate Paid LC PARCEL"A"//ACREAGE BETTER LIVING BUILDING SU 188495 2012 1 B 2070 SEMINOLE TRL Real 6/5/2012 6/4/2012 V PROPERTIES CHARLOTTESVILLE,VA 22901 Estate Paid LC PARCEL"A"//ACREAGE BETTER LIVING BUILDING SU 188496 2012 2 B 2070 SEMINOLE TRL Real 12/5/2012 11/30/2012 V PROPERTIES CHARLOTTESVILLE,VA 22901 Estate Paid LC PARCEL"A"//ACREAGE BETTER LIVING BUILDING SU 188497 2013 1 B 2070 SEMINOLE TRL Real 6/5/2013 6/3/2013 of PROPERTIES CHARLOTTESVILLE,VA 22901 Estate Paid LC PARCEL"A"//ACREAGE BETTER LIVING BUILDING SU 188498 2013 2 B 2070 SEMINOLE TRL Real 12/5/2013 11/29/2013 V PROPERTIES CHARLOTTESVILLE,VA 22901 Estate Paid LC PARCEL"A"//ACREAGE BETTER LIVING BUILDING SU 188499 2014 1 B 2070 SEMINOLE TRL Real 6/5/2014 6/3/2014 410, PROPERTIES CHARLOTTESVILLE,VA 22901 Estate Paid LC PARCEL"A"//ACREAGE BETTER LIVING BUILDING SU http://www.albemarlecountytaxes.org/taxes/default.aspx 1/2 7/19/2016 Tax Search&Pay 188500 2014 2 B tkimie 2070 SEMINOLE TRL 112/5/2014 12/2/2014 .' PROPS TIECHARLOTTESVILLE,VA 22901 Es to Paid LC PARC EL"A"//ACREAGE BETTER LIVING BUILDING SU 108889 2015 1 B 2070 SEMINOLE TRL Real 6/5/2015 6/5/2015 40, PROPERTIES CHARLOTTESVILLE,VA 22901 Estate Paid LC PARCEL"A"//ACREAGE BETTER LIVING BUILDING SU 108889 2015 2 B 2070 SEMINOLE TRL Real 12/7/2015 12/7/2015 top PROPERTIES CHARLOTTESVILLE,VA 22901 Estate Paid LC PARC EL"A"//ACREAGE BETTER LIVING BUILDING SU 152701 2016 1 B 2070 SEMINOLE TRL Real 6/6/2016 5/19/2016 4/ PROPERTIES CHARLOTTESVILLE,VA 22901 Estate Paid LC PARCEL"A"//ACREAGE BETTER LIVING BUILDING SU http://www.albemarlecountytaxes.org/taxes/default.aspx 2/2 PROJECT PROPOSAL July 18,2016 Proposed: Malloy Ford Body Shop TMP Acreage Existing Use Zoning Comprehensive Plan 45-68C1 5.19 Building Supply Highway Commercial Mixed Company Commercial Use Malloy Ford proposes to relocate its existing Ford Dealership from its current location on Rt. 250 in Pantops to the Better Living Building Supply property located on Rt. 29. The proposed dealership,located at TMP 45-68C1,includes an automobile dealership with sales,a service center,and a proposed body shop. B Properties,LC is the current owner of the property;Malloy Ford's entity Malloy Properties III,LLC is now the contract purchaser(Malloy Properties VI, LLC was the original contract purchaser). Although the dealership as a whole is a by-right use in the Highway Commercial (HC) zoning district,the body shop component requires a Special Use Permit. A body shop is an essential component for many automobile dealerships. Revenue generated from a body shop often has an indirect correlation with revenue generated from new vehicle sales,i.e. as sales of new cars increase,service on such cars decrease. Accordingly,as sales of new cars decrease during economic downturns, customers hold onto their older cars longer, which results in increases in the revenue from service and body shop work.Thus,the addition of a body shop in an auto dealership allows for financial stability through economic downturns. The body shop will be located at the very rear of the property in one of the existing buildings. All parts,materials and equipment shall be stored within this enclosed building,which is shown on the attached Concept Plan prepared by Shimp Engineering,and entitled"Conceptual Special Use Application Plan for Malloy Ford" dated April 18,2016, revised July 18,2016. The building will also contain those vehicles being serviced. While awaiting repair,vehicles shall be limited to locations designated within the body shop area for vehicles awaiting repair. This area is shown on the Concept Plan along the northern edge of the property line. Importantly, these vehicles awaiting repair will not be located on any portion of the site so as to be visible from any public street, as the existing terrain and vegetation will screen then from Berkmar Drive and existing buildings will screen them from Route 29. The Concept Plan shows the areas of existing vegetation that will remain and help screen the body shop area from Berkmar Drive and the adjacent parcel to the north. Body shops from several decades ago looked and functioned very differently.They were often much more visually unattractive, housing large numbers of vehicles in need of repair across expansive parking lots.The rules associated with body shops were originally formulated with this 1950s-style shop in mind. In contrast,modern body shops are very clean, thoughtfully designed and visually attractive.Thus,in November of 2010, the County subsequently amended § 24.2.2, stating that"given the relative intensity of the C-1,HC and LI districts," a body shop would be appropriate and in keeping with the character of other nearby uses. Body shops are still required to be a certain distance from residential and agricultural districts and adequately screened from view.The proposed body shop is surrounded by commercial and vacant properties,away from residential properties. Moreover,the body shop will be adequately screened from view as detailed below. The entrance to the dealership will be from Route 29.The proposed building for the body shop sits at a significant distance from this entrance;it is intentionally placed at the rear of the parcel so as to properly shield it from Route 29. In addition, the Concept Plan includes additional landscaping along the middle vehicle storage area that will both help screen those vehicles from the Entrance Corridor, as well as help provide screening of the proposed body shop from Route 29. The Concept Plan also proposes to include landscaping within the existing circular storm water management facility,which will further help screen any vehicles awaiting repair from Route 29. Moreover,Malloy Ford will also construct an addition to the existing Better Living Building Supply building for a service drop-off area,which will further help screen the proposed body shop area from Route 29. See the attached Conceptual Plan for more details. 1 Views from Berkmar Drive,located on the opposite end of the property from Route 29,are already well screened with vegetation and the existing terrain. There is a large existing vegetated area that buffers the body shop from the road. Additionally, the existing grade effectively screens views into the body shop area. As shown on the attached Grading Visual,Berkmar sits at 520 feet while the building is at 496 feet.This 24-foot difference adequately blocks visuals from Berkmar Drive into the body shop and repair vehicles below. Relevant nearby properties that would be affected by the body shop are either vacant or also owned by B Properties, LC, or are also under contract for purchase by Malloy Ford.The vacant properties are mostly wooded and will therefore aid in further screening. Moreover, the property is situated in an area dominated by commercial uses, including several other automobile dealerships located along Seminole Trail. As such, the proposed body shop will not change the character of the zoning district, or the public health, safety and general welfare. The proposed body shop will not have any negative impact on any adjacent properties. Instead, the auto dealership promotes environmental sustainability through reuse of an existing commercial building, successful reuse of a commercial site, and business retention for the County. The proposal is consistent with the uses intended within the Highway Commercial Zoning District and will satisfy all the supplemental regulations contained in Section 5.1.31. CONSISTENCY WITH COMPREHENSIVE PLAN The property's primary designation is Commercial Mixed Use. Primary uses within this designation include: community and regional retail, commercial service, auto commercial service,and office uses. Secondary uses include: office,research&development(R&D), flex,residential, open space,and institutional uses. The proposed auto dealership is harmonious with the vision and uses intended for this commercial site within the Places 29 Masterplan,as auto commercial service is specifically identified. The project also is an example of sustainability through the repurposing of existing commercial buildings and sites. IMPACTS ON PUBLIC FACILITIES&PUBLIC INFRAS 1'RUCTURE The proposed project has no negative impact on public facilities and public infrastructure. IMPACTS ON ENVIRONMENTAL FEATURES The proposed project has no negative impacts on environmental features. 31073154_3 2