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Home My WebLink AboutSP201900003 Review Comments Appeal to BOS 2019-05-31erp, dlf ON - COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 May 31, 2019 Justin Shimp 201 E. Main Street M Charlottesville VA 22902 RE: SP2019-3 Hunters Way (Coffee Shop) — Special Use Permit Dear Mr. Shimp: Staff has reviewed your recent special use permit submittal for an eating establishment (coffee drive through) not served by either public water or an approved central water supply on TMP 79-48A, which is zoned HC. Staff is unable to recommend approval of the proposal at this time because the concept plan (SDP2018-40 Hunters Way - Major Site Plan Amendment) has required revisions relating to major elements of the proposal that are relied upon to assess the factors to be considered in Section 33.39 and Section 33.40(B). I offer the following review comments on the special use permit that shall be addressed: 1. 15.1.60(a), 33.39, 33.40(B)31 Drive -Through Windows. The drive -through window shall be located on the side or rear of the building away from the public street. As designed the drive -through window is facing Hunters Way. Either revise the proposal to meet the regulation or submit a special exception application and the required justification for Board of Supervisor consideration and action. Staff will utilize this information to ensure that the use is in harmony with the regulations provided in Section 5 as applicable. 2. [32.4.2.2, 32.4.2.3, 32.4.3.3, 32.4.3.4, 33.39, 33.40(B)] ARB review and approval of the site plan/concept plan is required for staff to assess the impacts that the use has on adjacent parcels, the impact the use has on the character of the area, and whether the proposed use will be in harmony with the district. An ARB application for a Final Site Plan Review is required. The applicant submitted an incomplete application in January of 2019 and was informed that its incomplete nature precluded it from review; the missing materials were never received, and the application was denied in May 2019. See ARB review comments below, please address these. 3. 132.7.5.1, 33.40(B)3, 33.39, 33.40(B)] Water Supply and Sewage System. The Virginia Department of Health provided review comments that shall be addressed with a resubmittal to ensure the proposed use is served by a private water and sewer facility that is designed and constructed to the standards of the Virginia Department of Health and is approved by the Health Director. Staff will utilize this information to ensure that the use is in harmony with the public health, safety, and general welfare. Staff will also utilize this information to assess the impacts that the use has on adjacent parcels, the impact the use has on the character of the area, and whether the proposed use will be in harmony with the district, and whether the use will be consistent with the Comprehensive Plan. See the attached VDH review comments, please address these. 4. 132.5.2(n), 33.39, 33.40(B)] Proposed Improvements. Sheet C6 depicts two separate proposed building footprints, a different drive -through layout, and a circulation drive that differs from those shown on all other pages of the site plan. Ensure all pages of the site plan depict the true proposal. Staff will utilize this information to assess the impacts that the use has on adjacent parcels, the impact the use has on the character of the area, whether the proposed use will be in harmony with the district, and whether the use will be consistent with the Comprehensive Plan. 5. [32.4.2.2, 32.4.3.2, 33.39, 33.40(B)] Please address all staff review comments provided below. Architectural Review Board (ARB) — Heather McMahon 1. The concept plan was not submitted for ARB Board review. Staff provides the following comments with the acknowledgement that not all information has been provided (especially the appearance of the proposed building): a. While staff acknowledges that a restaurant/eating establishment could be developed on this property that retains an appropriate appearance for the EC, this drive -through facility necessitates a site plan in which the circulation drive becomes the primary site element closest to the EC street. This may not provide an appropriate appearance from the EC. b. Landscaping will be required to mitigate the height of the retaining wall required to buttress the development as well as the circulation drive. The existence of an underground water line and overhead utility across the southern frontage may preclude the planting of sufficient landscaping. c. While no architectural drawings have been submitted for review, the orientation of the building suggests that its "back" may face the EC street, which would not provide an appropriate appearance. Furthermore, the massing of a one-story coffee shop abutting a two-story retail building will require sensitive design considerations. Virginia Department of Health (VDH) - Alan Mazurowski 1. See the attached review comments. Building Official — Michael Dellinger 1. No comments on SP other than addressing comments on SDP2018-40 (see below). a. Add the following to the general notes page: `All roof drains shall discharge in a manner not to cause a public nuisance and not over sidewalks. " b. Add the following note to the general notes page: "Building or structures built before January 1, 1985 must have an asbestos survey performed in order to apply for a demolition permit. Asbestos removal permits are required if positive for such. Contact VDOLI for additional requirements and permits for demolition projects. " c. Add required accessible signage at accessible parking space. d. Add the following note to the general notes page: `ALL water lines, sewer lines, and fire lines from the main to the structure MUST have a visual inspection performed by the building department. " Fire and Rescue - Shawn Maddox 1. Fire Rescue has no objections to the special use permit application. Transportation Planner — Dan Butch 1. Transportation has no objection. Engineering - Frank Pohl 1. No objections Zoning — Rebecca Ragsdale 1. No objection to the Special Use Permit. Virginia Department of Transportation (VDOT) — Adam Moore 1. No objections. Feel free to contact me if you wish to meet or need additional information. My email address is cperez@albemarle.org. Sincerely, Christopher Perez Senior Planner Planning and Community Development COMMONWEALTH of VIRGINIA In Cooperation with the Thomas JeffE�rson Health District ALBEMARLE - CHARLOTTESVILLE State Department of Health FLUVANNA COUNTY (PALMYRA) 1138 Rose Hill Drive GRE£NE COUNTY(STANARDSVILLE) LOUISA COUNTY(LOUISA) Phone (434) 972.6219 P. O. Box 7545 NELSON COUNTY {LOVINGSTON) Fax (434)972.4310 Charlottesville, Virginia 22906 May 31, 2019 Christopher Perez, Senior Planner Albemarle County Community Development 401 McIntire Road Charlottesville, VA 22902 RE: 2300 Hunters Way Major Site Plan Amendment, Coffee Shop SDP2018-40; SP2019-3 Mr. Perez: As requested, I've reviewed the Site Plan, dated 4/15/19, for the proposed construction to the property referenced above, and offer the following comments: Septic: Prior to Health Department approval of the site plan, a septic system construction permit must be approved and issued for the system serving the proposed new facilities. I don't see where an application has been submitted yet for connection to the existing septic system serving the auto repair shop. The "Septic Pump" shown on sheet C4 of the site plan does not meet the minimum separation distance of 10' to the proposed retail building. Site plan does not show a location for a septic tank to serve the retail building. Well: It appears with the proposed addition of the coffee shop, the water use from the existing well will exceed the minimum criteria to require permitting by the Office of Drinking Water as a public waterworks. The owner will need to contact their office for permitting as such. If there are any questions or concerns, please give me a call, 434-972-4306. Sincerely, Alan Mazurowski Environmental Health Supervisor Thomas Jefferson Health District alan.mazurowski&vdh.vir ig nia.gov DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER RECEIPT OF COMMENT LETTER FIRST SET OF COMMENTS Your project has been scheduled for a public hearing by the Planning Commission for July 30, 2019 which is 90 days from the date your application was accepted for review. State Code requires a 90-day review by the Planning Commission unless the applicant requests deferral. As you will read in this comment letter, staff recommends changes to your project to help you achieve approval. Without these changes, staff cannot recommend approval to the Planning Commission. To maintain the 90-day schedule with a recommendation of denial please notify staff no later than June 17, 2019 of your intentions to proceed to the Planning Commission. If you would like more time to make the requested changes you must request deferral by June 17, 2019. (1) Deferral requested To request deferral, you must submit a request in writing to defer action by the Planning Commission and Board of Supervisors. The request may be made by email. You may request a deferral for up to 36 months from the date your application was accepted for review, which is May 1, 2022. (This is based on the Board of Supervisors' September 5, 2018 action.) However, all outstanding information necessary for Commission action must be submitted by January 1, 2022, according to the published schedule. (See Section 18-33.52 of the Albemarle County Code.) (2) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. Resu6mittals As stated above, a deferral does not preclude you from resubmitting the application to address changes based upon the comments. If you would like to resubmit after you defer, you may do so following the resubmittal schedule. 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.) Failure to Respond Revised 10-9-18 MCN An application shall be deemed to be voluntarily withdrawn if the applicant requests deferral pursuant to subsection 33.52(A) and fails to provide within 90 days before the end of the deferral period all of the information required to allow the Board to act on the application, or fails to request a deferral as provided in subsection 33.52(B) or (C). 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 http://www.albemarle.org/department.asp?department=cdd&relpage=21685. Revised 10-9-18 MCN