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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax 434) 972-4126
Memorandum
To: Mr. Justin Shimp, P.E. (Justin@shimp-engineering.com)
From: Tim Padalino, AICP — Senior Planner
Date: April 18, 2019
Subject: Mandatory Pre -Application Meeting (4/8/2019) — "Boyd Tavern Market"
(PREAPP-2019-030)
This letter contains preliminary comments and informational guidance from County staff and Site Review
Committee (SRC) member agencies regarding the above noted pre -application (pre-app) meeting.
The parcel under consideration is identified as TMP #94-39, which is located in the Scottsville Magisterial
District and which has frontage on Black Cat Road (State Route 616). This parcel has split zoning, with the
front portion of the parcel being in the C1 Commercial zoning district and the rear portion bring in the RA
Rural Areas zoning district. The property is owned by Virginia Oil Company Incorporated.
This meeting satisfies the requirement for a mandatory pre-app meeting prior to submittal of the anticipated
SP application, as required per County Code §18-33.31. The following are preliminary comments and
informational guidance from County staff and Site Review Committee member agencies for your proposal,
as discussed on April 8:
(i) provide the applicant and the county a common understanding of the proposed project:
The proposed project is a "convenience store" with storage and sale of petroleum products ("automobile
service station") and (possibly) including "eating establishment." The pre -application materials show 12
proposed fuel pumps under a canopy. The pre -applicant noted during the pre-app meeting that the proposal
does not include a car wash, and does not include a separate arrangement of diesel pumps with a diesel
canopy for use by heavy commercial vehicles.
(ii) consistency with the Comprehensive Plan:
The proposed use(s) will be evaluated relative to the goals, objectives, and other recommendations
contained in the Comprehensive Plan, to include Chapter 7 "Rural Area," and also including Chapter 6
"Economic Development" and Chapter 3 "Growth Management." Some examples are provided below
as informational guidance:
Chapter 3, Objective 1, Strategy 1 a: "Only approve new development proposals in the Rural Area
that are supported by Rural Area goals, objectives, and strategies. "
o Staff comment: The appropriateness of this proposed project in the Rural Area is largely
dependent on how well the proposal supports and advances goals, objectives, and strategies
outlined for the Rural Area, and how well the proposal mitigates reasonably -anticipated
impacts to the Rural Area characteristics, features, and other qualities as identified in Chapter
3 (and elsewhere) in the Comp Plan.
Page 1 of 5
Chapter 6, Objective 4, Strategy 4d: "... the County should look for ways to encourage and assist
property owners in achieving greater utility from already zoned properties or properties
designated for commercial or industrial use. " (Page 6.11)
o Staff comment: A portion of the subject property is zoned C-1 and designated for commercial
use, yet it is currently undeveloped and therefore "underutilized." Development and use of
the property would increase the utility of this undeveloped commercial property.
• Chapter 6, Objective 6, Strategy 6b: "Continue to evaluate the fiscal impacts of new business and
industrial development as one indicator of positive economic development ... [as] these taxes help
to pay for services and facilities that improve the quality of life for residents. " (Page 6.13)
o Staff comment: A portion of the subject property is zoned C-1 and designated for commercial
use, yet it is currently undeveloped. Development and use of the property would generate
significantly more tax revenue for the County than if this portion of the property remained
undeveloped.
Chapter 7, Objective 5, Strategy 5b: "Recognize and support crossroads communities, which serve
as rural -scale community meeting places and provide opportunities for residents to take part in
community life ... Examples of such uses are country stores, offices, day care facilities,
doctor/dentist offices, and public institutional uses, such as post offices. Crossroads communities
are intended to provide only essential goods and services for their immediate area. Therefore, they
should be limited in size, with carefully delineated permissible uses. " (Pages 7.31, 7.32)
o Staff comment: The proposed use is permissible by special use permit only. The
appropriateness of the proposal is partially dependent upon the proposed scale and size of the
development, improvements, and use(s).
Chapter 7, Objective 6, Strategy 6b: "Provide distinct boundaries between the Rural Area and the
Development Areas. Having a clear distinction between the Development Areas and the Rural
Area is important ... Rural standards ["especially for parking lots, signage, entrance
requirements, and landscaping'] are needed to help rural uses blend better into the rural
landscape and function more appropriately as a rural use. " (Page 7.33)
o Staff comment: The proposed use is permissible by special use permit only. The
appropriateness of the proposal is partially dependent upon the proposed style and standards
of the development, improvements, and use(s).
Excerpts from "Criteria for Review of New Uses " (Page 7.5):
"As new uses are proposed in the Rural Area, it is essential that they be able to meet the following
standards. New uses should.
• reflect a size and scale that complements the character of the area in which they will be located;
• be suitable for existing rural roads and result in little discernible difference in traffic patterns;
• generate little demand for fire and rescue and police service;
• be able to operate without the need for public water and sewer;
• be sustainable with available groundwater; and
• be consistent with other Rural Area policies.
Performance standards will be needed for any new uses to ensure that the size, scale, and location
of the new commercial uses recommended for the Rural Area are appropriate. It is ofprime
importance that the appearance'and function of new uses blend and not detract from the key
features of the Rural Area. New uses should not overwhelm an area in terms of their function or
visibility. "
Page 2 of 5
o Staff comment: Application materials should clearly address these criteria and considerations
regarding proposed new uses in the Rural Area.
Please also be advised that all special use permits are evaluated relative to the following "factors to be
considered," as contained in County Code § 18-33.40:
1. No substantial detriment. Whether the proposed special use will be a substantial detriment to
adjacent parcels.
2. Character of the nearby area is unchanged. Whether the character of the adjacent parcels and the
nearby area will be changed by the proposed special use.
3. Harmony. Whether the proposed special use will be in harmony with the purpose and intent of
this chapter, with the uses permitted by right in the district, with the regulations provided in
Section 5 as applicable, and with the public health, safety, and genera welfare.
4. Consistency with the Comprehensive Plan. Whether the proposed special use will be consistent
with the Comprehensive Plan.
(iii) broadly identify the planning, zoning, and other issues raised by the application that need to be
addressed by the applicant:
• Acreage and boundaries of C 1 District:
o The application must include a graphic exhibit or other documentation prepared by an
appropriate registered design professional that identifies the boundaries of the C 1 District on
the split -zoned subject property.
• Scale and styleproposal:
o The application materials should articulate the proposed architectural style of the
convenience store, and should convey a sense of the proposed scale of the overall
development, improvements, and use(s).
• Groundwater:
o The application materials should include the groundwater assessment report as well as water
consumption comps to other similar facilities, as discussed during the pre-app meeting.
• Stormwater Management & Water Quality
o Staff recommends on -site stormwater treatment to help ensure local groundwater recharge,
and to mitigate water quality impacts to the local watershed.
o Staff also recommends the use of an oil/water separator to further mitigate water quality
impacts, although this is not a regulatory requirement in Albemarle County.
(iv) applicable procedures:
Submitting a Special Use Permit (SP) application for the proposed use:
• Submit an application for a Special Use Permit (SP); submittal should also include associated
Project Narrative and Concept Plan, as described in the "Special Use Permit Checklist"
(provided to you along with this comment letter). Please also see the Special Use Permit
application for additional application requirements.
• Please submit a complete SP application pursuant to County Code § 18-22.2.2.16, which
provides for the following use(s) by special use permit only: "If the use is not served by either
public water or an approved central water supply: a. Automobile service stations (reference
5.1.20). b. Convenience stores. c. Eating establishments. "
Page 3 of 5
• The application for a Special Use Permit must be signed by the appropriate authorized
signatories. Appendix A of the County's Land Use Law Handbook, which provides
information on authorized signatories, is accessible here.
• The fee for a new Special Use Permit application (including the first resubmission) is $2,150.
Other fees to be aware of include public notice requirements: staff estimates the total cost of
legal advertisement and adjacent owner notification to be between $400 and $450 per hearing.
Coordinate and conduct a Community Meeting; per County Code § 18-33.37, all SP
applications include a requirement for the applicant to hold a "community meeting" as one of
the early steps in the permit review process. Please see the attached Community Meeting
Guidelines for more detailed information about the applicant's responsibilities for conducting
the required community meeting. Coordination of the community meeting should be conducted
with County staff and elected and appointed officials as soon as possible; the timing of the
community meeting may precede the actual submittal of the pending SP application.
County review of the SP application includes the following steps:
• County staff will review the SP application materials in coordination with members of the Site
Review Committee, and will provide review comments to the applicant that identify any
deficiencies with the application, including any additional information that needs to be
submitted for further review before scheduling a public hearing.
• At the applicant's request, the Planning Commission (PC) will conduct a public hearing in
accordance with applicable County and State Code requirements. The PC will vote to make a
recommendation to the Board of Supervisors to recommend approval, or to recommend denial,
or to recommend approval with recommended conditions.
• After the PC public hearing, the Board of Supervisors (BOS) will conduct a public hearing in
accordance with applicable County and State Code requirements. The BOS will vote to
approve, or to deny, or to approve with conditions.
(v) identify the information the applicant must submit with the application, including the
supplemental information:
• Completed and Signed Special Use Permit Checklist (attached)
• Project Narrative
• Concept Plan
• A copy of this Pre-App Comment Letter
• (Optional): Groundwater Assessment report (as discussed during 4/8 pre-app meeting)
• (Optional): Photographs of existing facilities operated by the applicant that are representative
of the style, form, and scale of this proposed project (as discussed during 4/8 pre-app meeting)
If you have any questions about the information provided in this letter, or if you wish to discuss the
proposed project further, please contact me using the information provided below.
Thank you very much; sincerely,
Page 4 of-5
Tim Padalino, AICP
Senior Planner
(434)-296-5832 x 3088
tpadalino@albemarle.org
Attached:
■ Special Use Permit Application Checklist
■ Community Meeting Guidelines
■ Community Meeting Invitation List and Map of Nearby Property Owners
■ Community Meeting Invitation Template
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