HomeMy WebLinkAboutSP201700019 Review Comments Special Use Permit 2018-03-02Short Review Comments Report for:
SUB201700090
SubApplication Type:
Sparrow Hill - Road Plan
New Public Use Road Plan
Date Completed:07/12/2018
Reviewer:David James CDD Engineering
Review Status:Approved
Reviews Comments:
Division:
Date Completed:07/05/2017
Reviewer:John Anderson CDD Engineering
Review Status:Requested Changes
Reviews Comments:Sent email (7/12/17) to applicant requesting additional changes to the plan:
1. Retaining Wall: Provide/Show that Section 8 B.1-3 are met (Ref. Design Manual).
2. Walls: Provide wall details; Provide retaining wall max. heights; Make sure text can be read & not
blocked/obscured; Walls+footings to be located outside preserved slopes; Walls to be staggered
design in critical slope areas with maximum heights of 6’, and also in constructed areas of fill with
slopes 25% & steeper.
3. Show the managed/preserved slopes shown in County’s GIS. The hatched areas shown in the
plan look different from County’s GIS.
Division:
Date Completed:07/12/2017
Reviewer:Megan Nedostup CDD Planning
Review Status:Requested Changes
Reviews Comments:1. Sidewalks need to be bonded with this plan.
2. If street trees are proposed, they should be shown on the road plans and bonded.
3. The retaining walls are very close to the preserved slopes. Indicate whether or not there will be an
impact to the slopes for the installation. Provide construction details for the retaining walls. Any
disturbance to the preserved slopes that does not fall within the exempt provisions of the ordinance
will require a rezoning. Additionally, Lot 22 shows grading within the preserved slopes, revise to not
impact these slopes or apply for a ZMA for the disturbance.
4. The proposed tree line is shown to clear on the preserved slopes. Please clarify that no
disturbance, including clearing, will occur on the preserved slopes.
5. The comments given during the preliminary plat review and have not been addressed to date with
a final plat may impact the road design. It is recommended that lot information be removed from the
road plans, as these plans are not approving the subdivision layout.
Division:
Date Completed:07/07/2017
Reviewer:Adam Moore VDOT
Review Status:Requested Changes
Reviews Comments:
Division:
Date Completed:
Reviewer:Jeremy Lynn ACSA
Review Status:Pending
Reviews Comments:
Division:
Date Completed:06/12/2017
Reviewer:Robbie Gilmer Fire Rescue
Review Status:No Objection
Based on plans dated 2/3/17.
No comments or objections.
Division:
Page:1 of 4 County of Albemarle Printed On:November 01, 2018
Reviews Comments:Based on plans dated 2/3/17.
No comments or objections.
Date Completed:11/21/2017
Reviewer:David James CDD Engineering
Review Status:Requested Changes
Reviews Comments:
Division:
Date Completed:11/20/2017
Reviewer:Megan Nedostup CDD Planning
Review Status:No Objection
Reviews Comments:
Division:
Date Completed:11/14/2017
Reviewer:Adam Moore VDOT
Review Status:Requested Changes
Reviews Comments:
Division:
Date Completed:11/17/2017
Reviewer:Shawn Maddox Fire Rescue
Review Status:Requested Changes
Reviews Comments:1. Due to the number of units being built a second means of emergency access must be provided. In
a previous set of plans it showed an emergency access back to 250.
Division:
Date Completed:
Reviewer:Jeremy Lynn ACSA
Review Status:Pending
Reviews Comments:
Division:
Date Completed:12/29/2017
Reviewer:David James CDD Engineering
Review Status:Requested Changes
Reviews Comments:
Division:
Date Completed:01/09/2018
Reviewer:Adam Moore VDOT
Review Status:Requested Changes
Reviews Comments:
Division:
Date Completed:12/13/2017
Reviewer:Megan Nedostup CDD Planning
Review Status:No Objection
Reviews Comments:
Division:
Date Completed:
Reviewer:Jeremy Lynn ACSA
Review Status:Pending
Reviews Comments:
Division:
Date Completed:12/13/2017
Reviewer:Shawn Maddox Fire Rescue
Review Status:Requested Changes
Reviews Comments:1. The "dirt driveway" shown connecting road B to 250 shall be constructed to support emergency
response vehicles. Dimensions and surface will need to be approved by Fire Rescue. A note
acknowledging this on the plans will suffice.
2. Fire Rescue has no other objections to the plans dated 7/11/2017.
Division:
Page:2 of 4 County of Albemarle Printed On:November 01, 2018
acknowledging this on the plans will suffice.
2. Fire Rescue has no other objections to the plans dated 7/11/2017.
Date Completed:12/13/2017
Reviewer:Elise Kiewra CDD E911
Review Status:Requested Changes
Reviews Comments:see uploaded letter, per site plan dated 11/28/17
Division:
Date Completed:04/25/2018
Reviewer:David James CDD Engineering
Review Status:No Objection
Reviews Comments:I have no objection to the plans dated 3/29/18. Per email from applicant 4/26 - the owner plans to
phase this road plan and will submit plans for each phase.
Division:
Date Completed:04/24/2018
Reviewer:Megan Nedostup CDD Planning
Review Status:No Objection
Reviews Comments:
Division:
Date Completed:05/11/2018
Reviewer:Adam Moore VDOT
Review Status:No Objection
Reviews Comments:
Division:
Date Completed:05/04/2018
Reviewer:Shawn Maddox Fire Rescue
Review Status:See Recommendations
Reviews Comments:The secondary emergency egress has been added to the plans. This dirt driveway and emergency
access should be constructed in accordance with the fire code to include appropriate clear width.
SNM
Division:
Date Completed:05/10/2018
Reviewer:Alexander Morrison ACSA
Review Status:No Objection
Reviews Comments:David,
I hereby recommend approval of SUB201700090.
Alexander J. Morrison, P.E.
Senior Civil Engineer
Division:
Date Completed:04/19/2018
Reviewer:Elise Kiewra CDD E911
Review Status:No Objection
Reviews Comments:per site plan dated 3/27/18
Division:
Date Completed:05/30/2018
Reviewer:David James CDD Engineering
Review Status:QC Denied
Reviews Comments:The road plan has not been approved yet.
Division:
Date Completed:06/18/2018
Reviewer:David James CDD Engineering
Review Status:Pending
Division:
Page:3 of 4 County of Albemarle Printed On:November 01, 2018
Review Status:Pending
Reviews Comments:I have no objection to the plans dated 6/1/18. Per email from applicant 4/26 - the owner plans to
phase this road plan and will submit plans for each phase.
Date Completed:
Reviewer:Will Cockrell CDD Planning
Review Status:Pending
Reviews Comments:
Division:
Date Completed:06/21/2018
Reviewer:Shawn Maddox Fire Rescue
Review Status:No Objection
Reviews Comments:1. Per a phone conversation with Justin Shimp the 20' emergency access will be used in lieu of a
compliant cul-de-sac. The engineer will provide a means to prevent non-emergent vehiclular traffic.
2. Fire Rescue has no other objections. SNM
Division:
Date Completed:06/26/2018
Reviewer:Matthew Wentland CDD Engineering
Review Status:See Recommendations
Reviews Comments:emailed to Ana 6-26-18
Division:
Page:4 of 4 County of Albemarle Printed On:November 01, 2018
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone 434 296-5832 Fax 434 972-4176
January 12, 2018
Mansur Suleymanov
2271 Seminole Lane
Charlottesville, VA 22901
RE: SP2017-19: 1640 Seminole Trail Auto Dealership (TMP 06100-00-00-120P0)
Dear Mr. Suleymanov:
Staff has reviewed your resubmission for outdoor display/storage/sales of vehicles in the Entrance
Corridor. We have a number of comments which we believe should be resolved before your
proposal goes to public hearing. We would be glad to meet with you to discuss these issues. Our
comments are provided below:
Current Development
The following comments regarding your proposal's ability to meet site plan or subdivision
ordinance requirements in the future have been provided by Christopher Perez:
All previous comments addressed. New Comment below:
1. Provide the 3 display spaces from Route 29 with bumper blocks pursuant to Section 4.12.16(e)
of the Albemarle County Zoning Ordinance.
2. Depict the full dimensions for the 3rd display space from Route 29. All required parking spaces
must meet parking requirements 10'X18' on 20' aisle widths or 9'X18' on 24' aisle widths
pursuant to Section 4.12.16(c) of the Albemarle County Zoning Ordinance to remain on the
concept plan. When I scale it myself, it appears to clip the 20' drive aisle turning radius. It is by
a small amount but it will affect two-way traffic and emergency vehicles being able to access
the rear of the site. If any of these three spaces cannot meet the requirements listed above
please remove this space from the concept plan. The applicant may qualify for a 2' length
reduction for the parking spaces under Section 4.12.16 of the Albemarle County Zoning
Ordinance, if the bumper block is provided and the plantings are able to be pushed back 2' to
accommodate the unobstructed overhang. However, it is unlikely that this can be
accomplished and still meet ARB planting requirements based on the slope adjacent to the
spaces.
Page 1 of 6 Revised 4-25-11 eke
Entrance Corridor
The following comments related to the Entrance Corridor Guidelines have been provided by
Heather McMahon:
1. Revise the mechanical equipment note (number 8 on the application plan) to read: "Visibility
of all mechanical equipment from the Entrance Corridor shall be eliminated."
2. Revise the landscaping to address the following:
a. Revise the shrub planting height to 24" minimum.
b. Revise the shrubs along Rt. 29 and along the display parking spaces to an evergreen
variety.
c. It is recommended that shrubs along the travelway also be revised to evergreen
varieties.
d. Clarify in the plant schedule that the Ilex Cornuta is not the dwarf variety.
e. Revise the shrub layout to mix the species rather than providing separate groups of
single species to create a more varied and naturalistic planting pattern.
f. Consider planting the slope directly south of the proposed Itea.
VDOT
The following requirements from VDOT have been provided by Willis C. Bedsaul:
1. Please provide right -turn lane warrant.
SP Conditions
At this point in the review process, we anticipate that recommended conditions of approval for
the Special Use Permit will include those conditions recommended by the Architectural Review
Board.
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.
Resubmittal
If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal.
The resubmittal date schedule is provided for your convenience.
Notification and Advertisement Fees
Recently, the Board of Supervisors amended the zoning ordinance to require that applicants pay
for the notification costs for public hearings. Prior to scheduling a public hearing with the Planning
Commission, payment of the following fees is needed:
$236.00 Cost for newspaper advertisement
$215.00 Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per owner
after 50 adjoining owners)
$451.00 Total amount due prior to Planning Commission public hearing
Revised 4-25-11 eke
Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the
Board hearing needed.
$236.00 Additional amount due prior to Board of Supervisors public hearing
$687.00 Total amount for all notifications Fees may be paid in advance. Payment for both the
Planning Commission and Board of Supervisors public hearings may be paid at the same 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
hmcmahon@albemarle.org.
Sincerely,
90��
Heather McMahon
Senior Planner
cc: Shokhzada Ismailova, Downtown Auto Sales LLC, 916 Preston Ave., Charlottesville, VA 22903
Regency Catering, Inc., 4341 Larchmont Cir., Ruckersville, VA 22968
enc: Action After Receipt of Comments
Resubmittal Schedule
Resubmittal Form
Revised 4-25-11 eke
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 page of your comment letter with your 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) RequestPlanningCommission Public Hearing 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.
Revised 6-15-17 mey
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
httwww.albemarle.or de artment.as ?de artment=cdd&rel a e=21685.
Revised 6-15-17 mcy
2019 Dates are tentative; shading indicates a different year
*Public hearing dates have been set by the Planning Commission; however, if due to unforeseen circumstances the
Planning Commission is unable to meet on this date, your project will be moved to the closest available agenda
date.
**Off -date to accommodate holidays.
Dates in bold italics fall on a Tuesday due to a holiday.
3
Albemarle County, Virginia
2018 Submittal and Review Schedule
Special Use Permits and Zoning Map Amendments
Resubmittal Schedule
Resubmittal Dates
Comments to applicant
for decision on whether to
proceed to Public Hearing
Payment Due for Public Planning Commission Public
Hearing Legal Ad Hearing Date*
No sooner than
Monday
Wednesday
Friday
Tuesday
Dec 18 2017
Jan 17
Jan 26
Feb 20
Wednesday, Jan 3
Jan 31
Feb 9
Mar 6
Tuesday, Jan 16
Feb 14
Feb 23
Mar 20
Jan 29
Feb 28
Mar 16
Apr 10
Feb 05
Mar 7
Mar 16
Apr 10
Tuesday Feb 10
Mar 21
Mar 30
Apr 24
Mar 5
Apr 4
Apr 6
May 1
Mar 19
Apr 18
Apr 27
May 22
Apr 2
May 2
May 18
Jun 12
Apr 16
May 16
Jun 1
Jun 26
Apr 30
May 30
Jun 1
Jun 26
May 7
Jun 6
Jun 15
Jul 10
May 21
Jun 20
Jun 29
Jul 24
Jun 4
Jul5
Jul 13
Aug 7
Jun 18
Jul 18
Jul 27
Aug 21
Jul 2
Aug 1
Aug 10
Sep 4
Jul 16
Aug 15
Aug 31
Sep 25
Jul 30
Aug 29
Aug 31
Sep 25
Aug 6
Sep 5
Sep 14
Oct 9
Aug 20
Sep 19
Sep 28
Oct 23
Tuesday Sep 4
Oct 3
Oct 5
Oct 30
Sep 17
Oct 17
Oct 19
Nov13
Oct 1
Oct 31
Nov 9
Dec 4
Oct 15
Nov 14
Nov 20**
Dec 18
Oct 29
Nov 28
Dec 21
15 2019
Nov 5
Dec 5
Dec 21
_Jan
Jan 15 2019
Nov 19
Dec 19
Dec 21
Jan 15 2019
Dec 3
Jan 2 2019
Jan 4 2019
Jan 29 2019
Dec 17
Jan 16 2019
Jan 25 2019
Feb 19 2019
Jan 7 2019
Feb 6 2019
Feb 8 2019
Mar 5 2019
2019 Dates are tentative; shading indicates a different year
*Public hearing dates have been set by the Planning Commission; however, if due to unforeseen circumstances the
Planning Commission is unable to meet on this date, your project will be moved to the closest available agenda
date.
**Off -date to accommodate holidays.
Dates in bold italics fall on a Tuesday due to a holiday.
3
FOR OFFICE USE ONLY SP # _
Fee Amount $ Date Paid By who? Receipt # Ck# By;
Resubmittal of information fornti:N"t z1% • 7 TT T•�
Special use Permit
PROJECT NUMBER THAT HAS BEEN ASSIGNED:
Owner/Applicant Must Read and Sign
I hereby certify that the information provided with this resubmittal is what has been requested from staff
Signature of Owner, Contract Purchaser Date
Print Name Daytime phone number of Signatory
FEES to be Daid after aDDlication
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 9724126
Revised 11/120 IS Page I oft
For original Special Use Permit fee of $1,075
❑
First resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
Free
❑
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$538
For original Special Use Permit fee of $2,000
❑
First resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
Free
❑
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$1,075
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 9724126
Revised 11/120 IS Page I oft
1
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4176
November 3, 2017
Mansur Suleymanov
2271 Seminole Lane
Charlottesville, VA 22901
RE: SP2017-19: 1640 Seminole Trail Auto Dealership (TMP 06100-00-00-120P0)
Dear Mr. Suleymanov:
Staff has reviewed your initial submittal for outdoor display/storage/sales of vehicles in the
Entrance Corridor. We have a number of questions and comments which we believe shou ld be
resolved before your proposal goes to public hearing. We would be glad to meet with you to
discuss these issues. Our comments are provided below:
Planning
Initial comments on how your proposal generally relates to the Comprehensive Plan are provided
below. Comments on conformity with the Comprehensive Plan are provided to the Planning
Commission and Board of Supervisors as part of the staff report.
The Comprehensive Plan shows this area as urban mixed use (in areas around centers) in
Neighborhood 1. This designation includes as primary uses: residential; community and
regional retail; general commercial service; auto commercial service; office; research and
development; flex; light manufacturing/storage/distribution; and open space. Secondary
uses include institutional uses, while heavy manufacturing/storage/distribution and
warehousing/distribution are not permitted . The proposed use is similar in type and scale
to the designated uses. The Comprehensive Plan (Chapter 2, Natural Resources and
Cultural Assets) establishes the goals for preserving the scenic resources that are essential
to the County’s character, economic vitality and quality of life. The Entrance Corridor
Overlay District is intended to support that goal by maintaining the visual integrity of the
County’s roadways. The Architectural Review Board addresses potential adverse aesthetic
impacts in the Entrance Corridors by applying the County’s Ent rance Corridor Design
Guidelines during their review of development proposals. The ARB reviewed the subject
request for conformance with the Design Guidelines on October 16, 2017 and
recommended approval to the Planning Commission with conditions.
2
The following comments related to planning matters have been provided by Heather McMahon
and are REQUIREMENTS:
1. As per VDOT Comment 2, please provide proposed traffic generations as well as right -turn lane
warrants. In addition, please provide traffic generations for previous uses of the site. Please
note, if the proposed trip generation numbers are greater than previous usages’ trip
generation numbers, this constitutes an intensification of the site’s use that will trigger the
requirement for a site development plan under the County’s site review process.
The following comments related to planning matters have been provided by Heather McMahon
and are RECOMMENDATIONS:
1. As per Zoning Comment 1., Concept plan
a. Rather than delineating individual spaces in the Storage Parking Area at the rear of the
site, use hatch marks to show that the area west of the rear wall of the building will be
used for vehicular storage, except for a 20’ travelway easement at the northwest corner of
the site. See Zoning Comment 1d. for requirements related to the travelway easement.
b. Consider moving the three employee parking spaces to the north side of the building,
relegating all vehicle storage to the rear of the parcel.
c. Keep all the area between the south elevation of the building and the southern property
line free of vehicles to maintain the travelway.
2. As per Zoning Comment 2a, please submit a signed parking agreement that permits this
current use and that maintains a 20’ travelway between parcels (See Zoning Comment 1d.)
Zoning
The following comments related to zoning matters have been provided by Francis MacCall and are
REQUIREMENTS:
1. Concept plan
a. If multiple sheets will be used then a uniform title to the concept plan needs to show up
on each sheet and the details of each sheet should be called out for relevance to the
proposed use. If all improvements can be shown on one sheet that is preferred.
b. According to the concept plan, it appears that new impervious will be necessary to
maintain a 20’ travelway. Please clarify on the plan if the area for the three display spaces
will be widened with new pavement.
c. Remove the reference to the “STORAGE PARKING ENTERPRISE TRAVEL.” Just reference it
as “STORAGE PARKING AREA.” See Comment 2a referencing the adjacent use (Enterprise
Travel) using this property for outdoor storage of their rental vehicles.
d. The storage parking (Area C) near TMP 61-120W appears to encroach on the travelway
that is shown on the site plan approved for the use on TMP 61-120W. Access to the portion
3
of TMP 61-120W should be maintained with an access easement that will maintain at least
a 20’ travelway between the parcels. This will eliminate four parking spaces at the
northwest corner of the storage area at the rear of the parcel.
e. A Zoning Clearance will be required if the use is approved by the BOS.
2. Zoning history relevant to the request
a. There appears to be an area that is currently being used for storage of rental vehicles for
an adjacent use (Enterprise Travel). This is not approved, and is considered a violation since
no special use permit is approved to store vehicles on the property that would be visible
from the Entrance Corridor of Route 29.
3. Conditions
a. Standard general accord with layout plan should apply.
Current Development
The following comments regarding your proposal’s ability to meet site plan or subdivision
ordinance REQUIREMENTS in the future have been provided by Christopher Perez:
1. [4.12.17(C)(1)] Two-way access aisles. The minimum travelway width for two-way access
aisles is 20 feet. Throughout the concept plan the travelway width does not appear to meet this
requirement. It appears to neck down to 18 feet wide as you enter the site, adjacent to the
building and the edge of pavement. It also appears to neck down to 17 feet wide adjacent to
storage parking A and C. Additionally, the travelway width necks down to 14 feet wide as you
move back to Storage Parking area B and C. On the concept plan provide dimensions for all
sections of travelway for staff to verify they are a minimum of 20 feet wide. Where the access
aisles are not 20 feet wide consider remove parking spaces or where appropriate increasing
pavement width.
2. [4.12.16(C)] Minimum Parking Space Requirements. Provide dimensions on the concept
plan for the 4 “customer parking” spaces onsite. These spaces shall be a minimum of 9 feet wide
and 18 feet long. Additionally, handicapped spaces shall be 8 feet wide and 18 feet long with a
striped access aisle of 5 feet.
3. [4.12.15(a)] Minimum Design Requirements for Parking Areas. The “employee parking”
depicted on the concept plan is located on a non-paved area of the site. This is not approvable. All
parking shall be located on paved areas. Once relocated provide dimensions on the concept plan
for the employee parking spaces onsite.
4. [4.12.15(a)] Minimum Design Requirements for Parking Areas. The “display area” parking
depicted on the concept plan is partially located on a non-paved area of the site. This is not
approvable. All spaces shall be located on paved areas.
5. [4.12.15(a)] Minimum Design Requirements for Parking Areas. The “storage parking - C”
depicted on the concept plan is partially located on a non-paved area of the site. This is not
approvable. All spaces shall be located on paved areas.
4
The following comment has been provided by Kevin McDermott and is a RECOMMENDATION:
1. Entranceway into parking lot from fron Rio GSI ramp appears too wide to meet VDOT
requirements. If so it should be narrowed and sidewalk reconstructed to meet new width.
Engineering and Water Resources
The following comments related to engineering and water resources have been provided by Frank
Pohl: No objection.
Fire/Rescue
The following comments from Fire Rescue have been provided by Shawn Maddox: No objection.
Building Official/Inspections
The following comments have been provided by Michael Dellinger: No objection.
Entrance Corridor
The following comments related to the Entrance Corridor Guidelines have been provided by
Heather McMahon and are REQUIREMENTS:
The ARB has no objection to the request for the Special Use Permit, with the following conditions:
1. Vehicles shall not be elevated anywhere on site.
2. Vehicles shall be stored and displayed only in areas indicated for storage or display shown
on the sketch plan entitled “Proposed Parking Spaces TMP 61-120P” prepared by Commonwealth
Land Surveying, LLC and dated 8/21/17, except that parking shall not be located on existing grass
or landscape areas.
3. Sales display and customer parking spaces as shown on the sketch plan shall be str iped on
site.
4. Provide evidence of a shared parking arrangement addressing the storage parking for
Enterprise Travel.
5. Final sketch plan approval is subject to ARB approval of the landscape plan (which shall be
submitted with the sketch plan). Landscaping shown on the plan may be required to be in excess
of the minimum requirements of ARB guidelines or the Zoning Ordinance to compensate for the
negative visual impact of the proposed use.
The ARB also offered the following comments to be addressed with the final sketch plan:
1. Any accessory structures or equipment must be illustrated on the sketch plan and are
subject to ARB review.
2. Any alterations to the building that are visible from the EC, including the addition of wall -
mounted lighting, are subject to ARB review.
3. Demarcate loading and service areas, refuse areas, existing and proposed mechanical
equipment, and proposed fencing on sketch plan.
4. Provide the standard mechanical equipment note to the site plan.
5. If site or wall-mounted lighting is proposed, final sketch plan approval is subject to ARB
approval of the lighting plan. Maximum light levels on site shall not exceed 30 footcandles.
5
6. Sign proposals within the EC overlay district must be reviewed by the ARB and will
necessitate a separate application.
7. Consider replacing the nonconforming freestanding pole sign with a new sign that meets
ordinance and guideline requirements.
VDOT
The following comments from VDOT have been provided by Willis C. Bedsaul and are
RECOMMENDATIONS:
1. The entrance throat length, doesn’t meet VDOT minimum length standards. Please see
appendix F-107-108, table 4-2, figure 4-1A, entrance throat detail.
2. Please provide both existing and proposed traffic generations as well as right-turn lane
warrants.
3. A VDOT Land Use Permit will be required prior to any work within the right-of-way. The
owner/developer must contact the Charlottesville Residency Transportation and Land Use Section
at (434) 422-9399 for information pertaining to this process. If further information is desired,
please contact Willis C. Bedsaul at 434-422-9866.
Albemarle County Service Authority (ASCA)
The following comment from ACSA has been provided by Alexander Morrison and is a
REQUIREMENT:
1. The applicant will need to submit fixture counts when the interior renovation building permit
is applied for to ensure the existing water meter size will suffice.
Rivanna Water and Service Authority (RWSA)
The following comments from RWSA have been provided by Victoria Fort: No objection.
VDH, Thomas Jefferson Health District
No comments have been provided by the VDH Thomas Jefferson Health District to date. If
comments are provided, they will be forwarded to the applicant.
SP Conditions
At this point in the review process, we anticipate that recommended conditions of approval for
the Special Use Permit will include those conditions recommended by the Architectural Review
Board. Additional conditions could include (but are not limited to) parking, shared parking,
travelways and entrances.
Action after Receipt of Comments
After you have read this letter, please take one of the acti ons identified on “Action After Receipt
of Comment Letter” which is attached.
Resubmittal
If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal.
The resubmittal date schedule is provided for your convenience.
6
Notification and Advertisement Fees
Recently, the Board of Supervisors amended the zoning ordinance to require that applicants pay
for the notification costs for public hearings. Prior to scheduling a public hearing with the Planning
Commission, payment of the following fees is needed:
$236.00 Cost for newspaper advertisement
$215.00 Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per owner
after 50 adjoining owners)
$451.00 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.
$236.00 Additional amount due prior to Board of Supervisors public hearing
$687.00 Total amount for all notifications Fees may be paid in advance. Payment for both the
Planning Commission and Board of Supervisors public hearings may be paid at the same 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
hmcmahon@albemarle.org.
Sincerely,
Heather McMahon
Senior Planner
cc: Shokhzada Ismailova, Downtown Auto Sales LLC, 916 Preston Ave., Charlottesville, VA 22903
Regency Catering, Inc., 4341 Larchmont Cir., Ruckersville, VA 22968
enc: Action After Receipt of Comments
Resubmittal Schedule
Resubmittal Form
7
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 page of your comment letter with your 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
8
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 Int ake 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 http://www.albemarle.org/department.asp?department=cdd&relpage=21685.
9
10
County of Albemarle
Department of Community Development
Memorandum
To: Heather McMahon, Senior Planner
From: Francis H MacCall, Principal Planner
Division: Zoning
Date: 10/27/2017
Subject: Initial Comments Review Comments for SP2017-00019
The following comments are provided as input from the Zoning Division regarding the above
noted application.
1. Concept plan
a. If multiple sheets will be used then a uniform title to the concept plan needs to
show up on each sheet and the details of each sheet should be called out for
relevance to the proposed use. If all improvements can be shown on one sheet
that is preferred.
b. According to the concept plan it appears that new impervious will be necessary
to maintain a 20’ travelway. Please clarify on the plan if the area for the three
display spaces will be widened with new pavement.
c. Remove the reference to the “STORAGE PARKING ENTERPRISE TRAVEL”
Just reference it as “STORAGE PARKING AREA” See Comment 3a referencing
the adjacent use (enterprise Travel) using this property for outdoor storage of
their rental vehicles.
d. The storage parking (Area C) near TMP 61-120W appears to encroach on
travelway that is shown on the site plan approved for the use on TMP 61-120W.
Access to the portion of the TMP 61-120W should be maintained with an access
easement that will maintain at least a 20’ travelway between the parcels? This
will eliminate some of the storage area at the rear of the parcel.
e. A Zoning Clearance will be required if the use is approved by the BOS.
Zoning Review Comments for SP2017-00019
2. Zoning history relevant to the request
a. There appears to be an area that is currently being used for storage of rental
vehicles for an adjacent use (Enterprise Travel). This is not approved, and is
considered a violation since no special use permit is approved to store vehicles
on the property that would be visible from the Entrance Corridor of Route 29.
3. Conditions
1. Standard general accord with layout plan should apply.
r 4 COLLINS ,
ra; 200 GARRETT ST, SUITE K CHARLOTTESVILLE VA 22902
434.293.3719 PH 434.293.2813 FX
www.collins-engineering.com
December 1, 2017
Heather McMahon111111
County= Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: SP2017-19: 1640 Seminole Trail Auto Dealership(TMP 06100-00-00-120P0)
Thank you for your comments dated November 3rd,2017 on the Special use permit for 1640
Seminole Trail Auto. Revised plans are hereby submitted incorporating the following changes in
response to the items in your letter.
A. ARB Review
1. The traffic generations for the site, both existing and proposed uses, have been provided
on the application plan. The proposed use reduces the traffic by 25%. This reduction is
less intensive than the existing use as a commercial retail business.
2. The vehicle storage areas have been hatched as requested in the zoning and ARB
comment areas. A 20' travelway has been preserved to access the inventory car storage
areas.
3. The(3 employee parking spaces have been moved to the north side of the building, as
requested, helping to relegate the vehicle storage and inventory to the rear of the parcel.
4. A 20' access aisle has been maintained along the southern property line.
B. Zoning
1. The application plan has been revised and shown on(1) sheet, with an updated title and
notes.
2. The application plan has been updated. No new pavement or impervious area is proposed
with this application plan,as shown and noted on the plan.
3. The plan has been updated to reflect just inventory storage areas on this property.
4. The application plan has been updated to accommodate a 20' easement from Enterprise
Car Rental to this site.
5. This comment is acknowledged about the Zoning Clearance.
6. The comment about the zoning history is acknowledged.
7. A note has been added to the application plan about the site being developed in general
accord with the application plan.
C. Current Development
1. A consistent 20' access aisle has been added to the plan to access the inventory storage
areas on the property.
2. The customer parking area has been revised,as requested. All minimum parking widths
have been shown on the plan.
err i `.4./
3. The employee parking areas have been revised and relocated to the back of the site (and
located on the existing pavement).
4. All display parking areas are now shown on the existing pavement areas.
5. All inventory parking areas are now shown on the existing pavement areas.
6. No improvements to the site pavement or entrances to the site proposed with this project.
The use of the project is less intensive, and no modifications to the entranceway into the
parking lot is proposed at this time. VDOT just upgraded all the improvements along this
portion of Rio Road, and if this entranceway needed to be reduced, it should have been
reduced at the time that VDOT road improvements were constructed. In addition,the
entranceway is approximately 36' wide,which is only 6' wider than the required 30'
entranceway for a commercial VDOT entrance.
D. Entrance Corridor Review
1. A note has been added about not elevating the vehicles on-site.
2. A note has been added about the vehicle storage and display.
3. Sales display and customer parking spaces are shown and a note about the striping has
been added to the plan.
4. A shared parking arrangement exists between the (2)parcels for 14 parking spaces.
5. The application plan has been updated to include Landscaping plan
6. A note has been added to the plan about accessory structures and equipment.
7. A note has been added to the plan about alterations to the building.
8. The application plan has been updated to show the location of all the aspects of the
proposed Automotive sales.
9. The standard ARB mechanical HVAC note has been added to the plan.
10. A note has been added to the plan about the lighting.
11. A note has been added to the plan about the signage.
12. The existing free standing sign shall remain on the site at this time.
E. VDOT
1. No modifications to the existing entrance to the site is proposed with this application
plan, and the use of the site is less intensive. In addition,the (3)parking spaces that not
meet the entrance throat length requirement are Display spaces only for the inventory
cars, and not customer or employee parking spaces. These spaces are not open for the
use of the general public.
2. The existing and proposed traffic generations have been provided for the site, and the use
is about 25%less intensive.
3. The comment about any work within the VDOT r/w is acknowledged.
F. ASCA:
1. A note has been added to the application plan about providing fixture counts for a BP.
Please contact me if you have any questions or require any further information.
Sincerely,
Scott Collins, PE
der/ Nati
FOR OFFICE USE ONLY SP#or ThIA 5/9..2 0 t ? 0 1,0 l
Fee Ammo i /V/1- bate Rad/0t/``Pliiv 1607 React /l//� CI* /i/4 81. `tom f
l art
Resubmittal of information for Special Use Permit or
Zoning Map Amendment .�'
pRojEcr Naggit, SP2017-19 p j C1 mum 1640 SEMINOLE TRAIL AUTO DEALERSHIP(TMP 06100-00-00.120P0)
0 Bs.6a sittal Fee is Required ;r 0 Per Request ! It/submittal Fee h Not Required
SHOKHZADA ISMAILOV and/or DOWNTOWN AUTO SALES LLC
Community Development Project Coordinator Name of � . Phone Number
12/04/17
Date s."' Date ..._�_.._.�
FEES
Resubmittal feu for Special Use Permit —original Special Use Permit fee of$1,075
O First renal i tssiou FRU
O Each additional resubmission $538
R+atbmittal fns for original Special Use Permit fee of 12,151
a Fist resubmission FREE
O Each additional resubmission $1,075
Reaabmittal toes for original Zoning Map Amendment fee of IMAMS
❑ First resubmission FRF
O Each additinaal resubmission $1,344
Rembmittal fees for original Zoning Map Aaseadmeot fee of$3,763
O First resubmission FREE
O Each additional resubmission $1,881
0 Deferral of scheduled - ' at •- 's - nest-- notice fees will be required $194
To he.eaid after staff review for public notice:
Most applications for Special Use Permits and Zoning Map Ameadmeat require at least out public hearing by the Planing Coamissiau
and eau public hearing by the Beard of Supervisors. Virginia State Code recur'es that notice for pubic isariagi OR1wt&by publishing
a legal advertisement is the auwspaper and by minim lunars to adjacent property owners. Therefore,at lust two fees his pubic notice
are required before , 41,•. The total fee for public notice will be
provided to the applicant after the final coat is determined and must be paid before
MAKE CHECKS TO COUNTY OF ALEErAR FJPAYMENT AT COMt1fUNITY DEVELOPMENT COUNTER
> Preparing and malag a delivering up to fifty(50)notices $215+actual coat offot-cissa postage
Y Preparing and math*or delivering each mince ether er fifty(50) Sl_00 fir each additional notion+scald
cast of lira-class postage
> Legal adveni t(published twice in the newspaper far each public heeling) JO for for t cast
(minimum of WO tool ad•4
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville,VA 22902 Voice:(434)296-5832 Fax:(434)972-4126
1241"Page l of 1
10
.__..-----_ .._. . . '4141110°
it
LEASE AGREEMENT
(PARKING SPACES)
THIS LEASE AGREEMENT("Agreement")is entered into as of the 23rd day of March,
2011,by and between Regency Catering Inc.("Landlord"),whose business address is 4006
Thomkins Dr,Charlottesville,VA 22911 and Enterprise Leasing Co of Norfolk/Richmond,LLC,
a Delaware limited liability company("Tenant"),whose business address is 721 Lakefront
Commons Suite 100,Newport News,VA 23606.
RECITAL
Landlord is the owner or tenant of a(n)restaurant located at 1640 Seminole Trail,Charlottesville,
VA 22901 and currently known as The New Deli(the"Facility").
Tenant is engaged in the business of renting motor vehicles and needs space to park its vehicles.
Landlord has offered to grant Tenant the right to occupy and use certain space in the Facility for
the purpose of parking motor vehicles and Tenant is willing to accept such occupancy, subject to and in
accordance with the terms and conditions hereinafter provided.
NOW, THEREFORE, in consideration of the mutual promises herein set forth and other good
and valuable consideration,the receipt and sufficiency of which are acknowledged by the parties hereto,
it is agreed as follows:
1. Definitions. Whenever used in this Agreement the following terms shall have the meanings
indicated thereafter:
• Premises That portion of the Facility to be occupied by Tenant,such
portion being approximately 14 parking spaces as described on
Exhibit A.
• Term The period of time during which Tenant occupy the
Premises,which Term shall begin on the first day open for
business at 1650aSiminole Court,Charlottesville VA 22901 (the
"Commi;..anent Date")and end Twenty(20)years after that
date(the"Expiration Date").
• Rent The sum of Six Hundred Fifty and�t 100 11 dollars
incres(e 65 02�
)per
month for the first two(2)years•
annually starting on year three and continue to increase by 2%
annually there after.
• Permitted Use For the parking of motor vehicles.
License (poking sPaces)
Revised 1/09 1
2. Tenant shall:
(a) Pay Rent to the Landlord at Landlord's notice address on the first day of each month
during the Term;
(b) Comply with all rules and regulations generally applicable to occupants of the
Facility now in effect or as hereinafter effected by Landlord;
(c) Provide and keep in force during the Term,for the benefit of Landlord and any other
persons or entities designated by Landlord, general liability insurance in the amount
of$2,000,000 for injuries to any one person, $2,000,000 for any one accident and
$100,000 for property damage or, in the alternative, combined single limit coverage
of at least $2,000,000. Tenant shall deliver certificates of such insurance to
Landlord before occupying the Premises. All such policies shall include a provision
that Landlord shall receive at lease thirty(30)days notice prior to material change or
cancellation thereof. Except in the case of the willful or negligent act or omission of
Landlord,its agent or employee and subject to paragraph 10 hereof,Tenant agrees to
indemnify, defend and hold Landlord harmless from and against any and all claims,
damages, liabilities or expenses (including attorney's fees) brought or incurred
because of any injury to person(s) or damage to property arising from the use,
occupancy or control of the Premises by Landlord;
(d) Use the Premises only for the Permitted Use;and
(e) At the expiration or termination of the Lease,quit and surrender the Premises in the
current condition as the date hereof, damage by casualty and reasonable wear and
tear excepted, and Tenant shall remove its equipment and any other property
therefrom and repair any damage caused by such removal. Any equipment or
property not so removed at the expiration or termination date shall be deemed
abandoned,but Tenant shall nonetheless remain lia) or the cost of its removal.
(f) Tenant shall maintain the 'ses and at tenant's discretion or
city requirements, shall be allowed to install lighting over existing parking spaces at
tenant's sole expense.
3. Landlord shall:
(a) Permit Tenant and its agents, employees.And invitees access to the Premises
throughout the Term and the right to use of ingress/egress e€-theco ea
ef.the-Feeilityt*.ro.3. -ALL, re.v- o 4k erofc.4) .
(b) Keep and maintain the Facility and the surrounding areas, including any equipment
installed therein or thereabout,neat,clean,free of debris and trash and in good order
and repair and in an attractive and clean condition, and uniformly enforce all rules
and regulations generally applicable to occupants of the Facility now in effect or as
hereinafter effected by Licensor and
License Agreement(parking spaces)
Revised 1/09
-2-
(d) Provide and keep in force during the Term,for the benefit of Tenant,general liability
insurance,in the amount of$2,000,000 for injuries to any one person,$2,000,000 for
any one accident and$100,000 for property damage or,in the alternative,combined
single limit coverage of at least $2,000,000. Except in the case of the willful or
negligent act or omission of Tenant, its agent or employee and subject to paragraph
10 hereof,Landlord agrees to indemnify,defend,and hold Tenant harmless from and
against any and all claims, damages, liabilities and expenses (including attorney's
fees) brought or incurred because of any injury to person(s) or damage to property
arising from the ownership,use,control or maintenance of the Facility by Landlord.
4. Alterations. Tenant will make no alterations or additions to the Premises without the
written approval of Landlord,which approval will not be unreasonably withheld,conditioned
or delayed.
5. gigm. N/A
6. Liens, Tenant agrees not to suffer any mechanic's lien to be filed against the
Premises or the Facility by reason of any work, labor, services or materials performed at or
furnished to the Premises by or for Tenant.
7. De ult. If Tenant fails to cure (or as to any failure which cannot reasonably be
cured within ten(10)days, fails to commence and diligently pursue the cure of)any default
in the payment of the Rent or with respect to the performance of any of the terms,conditions
or covenants of this Agreement within ten(10)days after written notice of such failure, then
Landlord may, if it so elects, at any time thereafter terminate this Agreement upon giving
Tenant (10) days notice in writing, and this Agreement shall terminate on the date fixed in
such notice as if such date were the date originally fixed in the Agreement for the expiration
of the Term. Such right to terminate shall be in addition to any and all other rights and
remedies available to Landlord at law or in equity.
8. Termination. Tenant may terminate this Lease upon not less than 3 months advance
written notice to Landlord at any time after the first(2 h)years of the initial term. If Tenant
elects to terminate this Lease, Tenant shall pay Landlord an amount equal to 3 monthly
installments of the then current Rent as consideration of the early termination.Such payment
will be made on or before the effective date of the termination.
License Agreement(ping spaces)
Revised 1/09
-3-
9. Notices. All notices and other communications authorized or required hereunder
shall be in writing and shall be given by mailing the same by certified mail or registered
mail, return receipt requested, postage paid, and any such notice or other communication
shall be deemed to have been given when received by the party to whom such notice or other
communication shall be addressed, or on the date noted that the addressee has refused
delivery. If intended for Landlord, the same shall be mailed to the address hereinabove set
forth or such other address as Landlord may hereinafter designate by notice to Tenant,and if
intended for Tenant,the same shall be mailed to Tenant at 721 Lake Front Commons Suite
100, Newport News, VA 23606 Attn: General Manager, with a copy to Enterprise
Holdings, Inc., 600 Corporate Park Drive, St. Louis, MO 63105, Attn: Real Estate
Department, or to such other address or addresses as Tenant may hereinafter designate by
notice to Landlord.
10. Release and Subrogation. Landlord and Tenant each waive any right to recover
against the other for damage to the Facility or the Premises or any part thereof or any
property thereon, but only to the extent that such damage is covered by insurance actually
carried or required to be carried by either Landlord or Tenant.This provision is intended to
waive fully, and for the benefit of each party,any rights and claims which might give rise to
a right of subrogation in any insurance carrier.
11. Holding Over. In the event that Tenant or anyone claiming under Tenant shall continue
occupancy of the Premises after the expiration of the Term without any agreement in writing
between Tenant and Landlord with respect thereto, such occupancy shall not be deemed to
extend or renew the Term, but such occupancy shall continue as a License from month to
month upon the covenants,provisions and conditions herein contained and at the same Rent,
prorated and payable for the period of such occupancy.
12. Quiet Enjoyment. Landlord covenants and agrees with Tenant that upon Tenant paying the
Rent and observing and performing all of the terms, covenants and conditions on Tenants
part to be observed and performed hereunder(subject to applicable grace or cure periods),
Tenant may peaceably and quietly have, hold, occupy and enjoy the Premises without
hindrance or molestation from Landlord or any persons lawfully claiming through Landlord.
13. Waiver of Licensor's Lien. Landlord shall not have, and hereby expressly waives
any lien that it might have, whether statutory or otherwise, in Tenant personal property,
fixtures,satellite dish antenna,inventory or stock-in-trade for any reason whatsoever.
14. Agreement Binding. This written Agreement, together with the exhibits hereto,
constitutes all the representations and the entire understanding between the parties hereto
with respect to the subject matter hereof. Any prior correspondence, memoranda or
agreements are replaced in total by this Agreement and exhibits hereto. This Agreement may
not be modified or amended except in writing signed by each of the parties. This Agreement
shall bind and be for the benefit of Landlord and Tenant and their respective heirs,
beneficiaries,successors and assigns.
License Agreement(puling spaces)
Revised 1/09
-4-
15. No Rights Conferred. Nothing in this Agreement shall be deemed to confer upon
Landlord any right or interest in Tenant's Trade Name,trade dress,slogans,or other property
or procedures of Tenant.
IN WITNESS WHEREOF,Landlord and Tenant have executed this Agreement as of the date
first written above.
Landlord: Tenant:
Enterprise Leasing Co of Richmond/Norfolk,LLC,
a Delaware limited liability company
By: y By Brian DuffyAl/tell!'"
Its: -� �CV
its: Vice President/GM It
Witness Witness
License Agreement(parking spaces)
Revised 1/09
-5-
•••,1
, 4* v ...# GENERAL NOTES.
4-l '.'4 I POr.4ktf, v.MAE DELOG00-00-130.
relktitar ....704,41.4 ''''''''' 2731'S6‘611°Nir''LE UNE'
, , omm.MR.LKA.VMAYAL
ACNBAC03.010•10..
A,RARAC
EOM..
.......,
. .
. .
4111 ' Ilit. ..: ..1 ENGINEER COLL.ENGINEERING,INC.
EN,ZA,LENT.L.IFINIE
-----
.
\,
....-- ......, 7,,,,,v..11 /1,- ..,,,,11,_4,144 N.P.CONING NC-HIGHWAY COMNFRCIAl A.A.
...._:,:r....., 1 -•;'-g;e..\ , .. .
,,-- ...,- \ itcw *-41 IS 47411.4,#. Au... TOTAL AL.AGE OP PARCEL NLALL A.ES
'. \ % A."1140 ' '\1St% All'''. -folio P'P'":1'11°-DZITIVE SALES Aux owl..PARKING(SPECIAL USE PER^.FOR DISPUY PARKING,
010:01111111V ",
,..... 11,EAR BUILDING SETBACK'NONE
-Iklioies7,1 ,' SIDE BUILDING SETBACK NONE
(
:f.'-is,;:1114,'•tx.i..%
iota , rligirsts w 1-,
•,..
,
Illit. \ "1"".•:." VICINITY MAP
Ts=loctlruILTLrArtrACC:=L.Lr"""'''"
il 44.
„ Ce,.....
/ SCALE BOO
)H. nor LAT. ,
/ PARKING.
PARKING REQUIRED:,,CUSTOMER PARKING SPACES•(1,HANDICAP SPACE
'3 1.- LL`
rXers'ercgT, &o4:fli i ,,,01 , \ /
/ L,LL,OYEE PAM.ALLoss
PARKING PROVIDED'L/I OLISTONFR/EMPLOYEF PARKING SPACES(INCLUDING 1
HANDICAP SPACE,AND 13)DISPLAY PAGUNC SPACES-6
5540 5F 0r INvENToRy 202(2,2
2 ,
\
/ E 2 127:11 1:A:F F ES:4 I''''r ,// TRAPPIC GENERATION LIMPS PER DA,.
EXISTING,116TAJL BUSINESS(PER LOOS GROSS LEASIBLE AREA'
! ,„'6'011,P'.--..' "rONV4=7:=3:',' ADT:13S VEHICLES PER DAY
M.3.
PROPOSED ALMONOTIVE SALES(PER LOOK GROSS LEASIBE AREA,
AD7.102 VEHICLES PER DAY
WEEKDAY(AM PEAK HOUR,6 VEHICIFS PER PEAK HOUR LA ENTER 7 EX,
fi
WEEKDAY LP 6I.PEAK HOUR,8 VEX/CIES PER PEAK HOUR,1 ENTER/5FM,
,,:27tr'''''''''''' ON I HE PROPERTY NO ADDITIONAL PAVEMENT.IMPERVIOUS AR.IS PROPOSED
WITE,THIS APPLICATION NO SITEWORK IS PROPOSED wrtH MIS APPLICAT.,
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832
Memorandum
To: Mansur Suleymanov
From: Christopher P.Perez
Date: June 29,2017
Subject:Mandatory Pre-application Meeting for TMP 06100-00-00-120P0 on 6-19-17
The following are County staff comments regarding the above noted pre-application meeting.This meeting
satisfies the requirement for a pre-application meeting prior to submittal of a special use permit(SP).The
purposes of the meeting can be found in Section 33.4 of the Zoning Ordinance and are italicized below,
followed by staff comment:
(i)provide the applicant and the county a common understanding of the proposed project;
The applicant proposes to utilize the existing structure, 1640 Seminole Trail,located on TMP 61-120P for use as an
auto dealership/motor vehicle sales. The parcel is zoned Highway Commercial&Entrance Corridor(EC).
Applicable Sections of the County Zoning Ordinance
1. Section 24.2.1(25)-Motor vehicle sales(Permitted by right in the HC zoning district)
2. Section 30.6.3 -Outdoor storage,display and/or sales within an EC(Special Use Permit is required)
The Special Use Permit application/review fee is$2,150.
(ii)Consistency with the Comprehensive Plan
• This site is within Neighborhood 1 of Places 29 and has a Comprehensive Plan designation of Urban Mixed
Use(in areas around Centers)commercial and retail uses that are not accommodated in Centers and
residential(3—34 units/acre).
• The County's approved Access Management Plan recommends the site's current entrance be closed and
inner parcel connectivity be provided to TMP 06100-00-00-120J0(Wendy's parcel).At this time the need
for a site plan is not being triggered under Section 32.2(e)ii of the County's Zoning Ordinance because the
proposed use is not an intensification of the use onsite.Notably,as discussed at the June 19th 2017 meeting
VDOT stated that the existing entrance does not meet throat length,width,and would need a spacing
exception. These VDOT requirements are not being triggered with the current SP proposal. If the applicant
modifies the current proposal or comes in at a later date with a proposal that causes a site plan to be
required by the County then VDOT's entrance modifications will be triggered.
(iii)Broadly identify the planning,zoning and other issues raised by the application that need to be addressed by
the applicant
• Landscaping-Landscaping will be of primary concern during the ARB review and the Planning/Zoning's
review.Assure the site complies with the EC landscaping requirements and mitigates the visual impacts of
from Route 29.
• Lighting—Site lighting will also be a concern for the ARB.Outdoor illumination may not exceed 30
footcandles(fc)in the display area and may not exceed 20 footcandles(fc)in other areas.If new or
replacement freestanding(pole)lighting is proposed,the applicant must submit a photometric plan as well
as cut sheets and a lighting schedule.If wall-mounted lighting is proposed,the applicant must submit
architectural elevations that show the placement of the lighting in addition to cut sheets and manufacturer's
specifications as part of the ARB submittal.
• Setbacks:All parking shall be setback a minimum of 10 feet from the public right-of-way.Currently one
(1)space is too close to the right-of-way.Revise to remove it.
• Travelway width:a minimum of 20 feet is required for two-way travelways.Currently one of the
proposed display spaces adjacent to the existing parking spaces in front of the building are too close to each
other causing the travelway to go below the 20'min.Revise.
• Parking Requirements/Standard: Motor vehicle sales—One(1)required customer space per 1,500 SF of
display area.Customer spaces must be marked and delineated.
• Sales/Storage/Display Parking—please revise the label of these spaces to`des/Storage/display parking
area".Additionally provide the square footages of these areas to calculate required customer parking for the
site.Clearly label and distinguish the location and number(s)of the various types of parking
required/proposed for the use to also include customer spaces.
• There does not appear to be any apparent engineering issues with the proposal.
(iv)Applicable procedures
• Special Use Permit(SP)application
• ARB submittal
• Community Meeting—the applicant is required by the Albemarle County Code to hold a community
meeting as part of the review of the SP request.The meeting shall be held no later than 30 days after
submittal of the SP application. Upon request of the applicant County staff can provide a list of which
nearby properties are required to be notified. Community meeting guidelines are attached.
(v)Identify the information the applicant must submit with the application,including the supplemental
information
• A completed SP application with fee.Also,provide the associated project narrative and conceptual plan.
• Concept plan w/a landscape plan to address ARB items.
• Attached SP pre-application checklist.This checklist will need to be filled in,signed,and submitted with
the SP application.
• Submit a separate ARB application with the corresponding checklist(for a conceptual plan/advisory
review)at the time the SP application is made.
If you have any further questions,please contact me at 434.296.5832 ext.3443.
Sincerely,
Christopher P.Perez
Senior Planner
Attached:
A)SP Application&pre application checklist
B)ARB application
C)Community Meeting Guidelines
D)Community Meeting Letter Template
1. V '.
SPECIAL US ERMIT CHECKLIST for`'s
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(Outdoor storage, display and/or sales within an EC) fel 7.',
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TMP 06100-00-00-120P0 11441- •
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 PLANNER INITIALS
the official application CPP
Required for Provided with
application? application
(County Staff) (Applicant) SECTION 33.4(c)
XX NOTE to staff: if providing additional comments are provided within the checklist boxes,
please distinguish those comments with different color print AND italic/underlined print
YES NO or some other method that can be distinguished when copied with a black and white
copier/printer.
x A narrative of the project proposal,including its public need or benefit;
x 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;
x A narrative of the proposed project's impacts on public facilities and public
infrastructure.
x V A narrative of the proposed project's impacts on environmental features.
x A narrative of the proffers proposed to address impacts from the proposed project.
x One or more maps showing the proposed project's regional context and existing natural
and manmade physical conditions;
x A conceptual plan showing,as applicable:
x 1)the street network, including circulation within the project and connections to
existing and proposed or planned streets within and outside of the project;
x 2)typical cross-sections to show proportions,scale and streetscape/cross-
Vsections/circulation;
x / 3)the general location of pedestrian and bicycle facilities;
x 4)building envelopes;
x / 5)parking envelopes;
x V 6)public spaces and amenities;
x 7)areas to be designated as conservation and/or preservation areas;
SPECIAL USE PERMIT CHECKLIST 01/20/2017 Page 1 of 2
z 8)con ual stormwater detention facility locath.d;
x 9)conceptual grading;
x Other special studies or documentation,if applicable,and any other information
identified as necessary by the county on the pre-application comment form.
• A completed SP application with fee.Also, provide the associated project
narrative and conceptual plan.
• Concept plan w/a landscape plan to address ARB items.
• Attached SP pre-application checklist.This checklist will need to be filled in,
signed,and submitted with the SP application.
• Submit a separate ARB application with the corresponding checklist(for a
conceptual plan/advisory review)at the time the SP application is made.
Please note: There are additional submittal requirements outlined on the official application for a Special Use Permit.
Read and Sign
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 this checklist Date
PI)1 && iz. QCid e \I12A)11)� (13(1 -112
Print Name Daytime phone number of Signatory
SPECIAL USE PERMIT CHECKLIST 01/20/2017 Page 2 of 2