HomeMy WebLinkAboutSDP201800066 Staff Report 2019-06-17ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP201800066 Longhorn
Staff: Christopher Perez, Senior Planner
Steakhouse — Special Exception
Planning Commission meeting:
Board of Supervisors meeting:
June 25, 2019
July 17, 2019
Owners: CV Associates c/o Simon Property Group
Applicant: Rare Hospitality International Inc. c/o
Jack DeGagne
Location: Vacant parking lot associated with 1531
Acreage: 12.56 acres (lease area 89,948 SF)
Rio Road East, Charlottesville, VA 22911 (Fashion
Square Mall
TMP: 06100-00-00-13200
By -right use: PD-SC Planned Development
Shopping Center — shopping centers, retail sales
and service uses; residential by special use
ermit 15 units/acre
Magisterial District: Rio
Conditions: Yes
Requested # of Dwelling Lots: NA
DA — X
Proposal: Request to vary the approved
Comp. Plan Designation: Core Area within
application plan to develop a 89,948 SF leased
Rio29 Small Area Plan- area intended to have the
area of TMP 61-132 that currently functions as
highest intensity of development with a mix of
overflow surface parking for the Fashion Square
uses including residential, commercial, retail,
Mall. The new use will consist of a 5,465 SF
office, institutional and employment uses.
restaurant building and associated parking.
Character of Property: Parking lot of existing
Use of Surrounding Properties: Commercial
commercial and retail uses.
and retail uses.
Factors Favorable:
Factors Unfavorable:
1. The proposal does not increase the overall
1. The proposal fails to meet Comprehensive
intensity of the approved development.
Plan's pedestrian access and connectivity goals
2. The proposal reduces the amount of
of the district.
existing impervious surfaces.
2. Applicant lacks appropriate documentation for
3. The proposal utilizes existing road
Jack DeGagne to sign the special exception
connections.
application.
RECOMMENDATION:
Staff recommends approval of the Special Exception with conditions.
STAFF PERSONS: Christopher Perez, Senior Planner
PLANNING COMMISSION: June 25, 2019
AGENDA TITLE: SDP201800066 Longhorn Steakhouse — Special Exception
APPLICANT: Rare Hospitality International Inc. c/o Jack DeGagne
PROPERTY OWNER: CV Associates c/o Simon Property Group
APPLICANT'S PROPOSAL:
Request to vary the approved application plan to develop a 89,948 SF area of TMP 61-132 that currently
functions as overflow surface parking for the Fashion Square Mall. The new use will consist of a 5,465
SF restaurant building and associated parking (see Attachment A).
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Core Area within Rio29 Small Area Plan- area
intended to have the highest intensity of development with a mix of uses including residential,
commercial, retail, office, institutional and employment uses.
SELECTED PLANNING AND ZONING HISTORY:
• SDP-125 Fashion Square Mall — Offsite Road Improvements
Approved 7-5-1979
• SDP1979-7 Fashion Square Mall Application plan for the PD-SC Zoning
Approved 10-26-1979 (see Attachment B)
• SDP2009-74 Red Lobster Seafood Co — Final Site Plan
Variation to application plan approved administratively
Site Plan approved 2-26-2010
• SDP2018-66 Longhorn Steakhouse — Initial Site Plan
Under review
• ARB-2018-153 Longhorn Steakhouse
Under review: scheduled for the 6-17-2019 ARB meeting
REASON FOR PLANNING COMMISSION REVIEW:
The applicant has requested a special exception to vary the application plan for the Fashion Square Mall
development as authorized by County Code Section 18-8.5.5.3. Staff is recommending approval with
conditions requiring the construction of sidewalks and associated improvements in certain locations
(condition 1). The applicant opposes providing all the pedestrian access mentioned in this condition.
Based on Board of Supervisor's policy for processing Special Exceptions, if an applicant does not agree
to staff recommended conditions, then the Special Exception request will be reviewed by the Planning
Commission. The Commission's recommendation will be forwarded to the Board for consideration
during their review and action on the request. The applicant has provided justification for the request
(see Attachment Q.
ANALYSIS OF 8.5.5.3 VARIATION FROM APPROVED APPLICATION PLAN:
The [Board of Supervisors] are authorized to grant a variation upon a determination that the variation:
(1) is consistent with the goals and objectives of the comprehensive plan;
The Special Exception request is to allow a modification of the application plan associated with the PD-
SC Zoning of the site. The proposed modification to the application plan is to allow a currently
designated parking area to be developed with a commercial use. Staff finds this modification is more
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consistent with Rio29 Small Area Plan than the current parking lot use of the site. It provides for more
efficient use of the property and improves the character of the frontage of the site.
There is one aspect of the proposed site development, the proposed sidewalks/pedestrian connections,
that are not consistent with the recommendations of Rio29 Small Area Plan. The Rio 29 Small Area Plan
designates this site as being part of the Core Zone of the district, which is bordered by a planned street
network consisting of wider pedestrian accessways to accommodate the heavier flow of pedestrian and
bike traffic planned for this area. Shared use paths are required in this zone as it is intended to have the
highest development intensity of the district with a focus on pedestrian access (see Attachment D).
The applicant has attempted to meet the pedestrian access and connectivity goals of the district by
providing an 8' wide shared use path along the northern boundary of the lease area. The shared use path
connects to the existing sidewalks on Rte. 29 and permits pedestrians internal access to the site (east to
west); however, the shared use path does not continue southbound throughout the site, thereby failing to
provide pedestrians safe internal access from north to south. Instead pedestrians utilizing the path are
guided to the vehicle travelway accessing the site or left to traverse the site's parking lot in order to
move throughout the site.
In order to successfully satisfy the County's pedestrian access and connectivity goals for this planned
area the applicant should provide a shared use path southbound along the eastern border of the lease area
(adjacent to the mall "ring road") and connect it to the required sidewalk along the southern egress for
the site.' Additionally, the shared use path should be increased to 10' wide and provided with a 6' wide
landscape strip between the "mall ring road" and the shared use path in order to buffer pedestrians from
vehicles. Staff has proposed condition 1 to address these required improvements. The applicant opposes
providing all the pedestrian access mentioned in this condition.
Prior to site plan approval the Virginia Department of Transportation (VDOT) shall approve the
proposed shared use path connection to the existing sidewalks within the Rte. 29 right-of-way, therefore
ensuring that the connection is permitted. If the proposed shared use path connection to the existing
sidewalk on Rte. 29 is not permitted by VDOT then the applicant shall provide either a shared use path
or a 10' wide sidewalk in place of the required sidewalks along the southern egress of the site, which
shall connect to the existing sidewalks on Rte. 29. At the time this report was being written VDOT had
not provided their review comments on the current proposal.
(2) does not increase the approved development density or intensity of development;
The development of this outparcel does increase the square of development on -site by approximately
5500 square feet. The square footage increased on this site is permitted under PD-SC zoning for the site.
Staff opinion is that the limited additional square footage will not practically increase the overall
intensity of the approved development because many of the approved uses in the mall have closed. This
portion of the approved development currently consists of 261 existing parking spaces, which
historically remain vacant for most of the year. As proposed the parking count of this area is being
reduced to 131 spaces, 85 spaces designated for the proposed restaurant use and 46 remaining for the
existing mall use. With the reduction in parking the overall development remains in compliance well
beyond the minimum required for the mall.
1 On October 17, 2018 the applicant received staff s initial review of the proposal, which explained the above deficiencies in the proposal and provided
guidance to remedy them. The applicant requested a deferral and began a written dialog with staff to discuss how to revise the proposal to meet the
requirements and gain a recommendation of approval. See the attached email correspondence with the applicant from December 4, 2018 and March 19, 2019
(see Attachment E).
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The development of this outparcel also reduces the amount of impervious surfaces from 79,127 SF down
to 64,625 SF. The proposal provides 4,497 SF of new landscape islands throughout the parking lot.
Additionally, a substantial amount of new landscaping is being installed in these new landscape islands,
around the proposed building, along Route 29, and along the access road south of the site.
The proposal utilizes the existing road connections for the Fashion Square Mall development. No new
connections are proposed.
(3) does not adversely affect the timing and phasing of development of any other development in
the zoning district;
The timing and phasing of the development is unaffected.
(4) does not require a special use permit; and
A special use permit is not required.
(5) is in general accord with the purpose and intent of the approved application.
The proposed modification is in general accord with the purpose and intent of the approved application.
ANALYSIS OF 33.44(b) WHO MUST SIGN AN APPLICATION FOR A SPECIAL
EXCEPTION:
b. The application shall be signed by the owner or the eligible easement holder of each parcel that
is the subject of the special exception.
On October 17, 2018 the applicant was informed that the SE application was lacking the appropriate
signatures. On May 23, 2019 the applicant submitted a certificate of incumbency to act as signing
authority to submit the SE application. The certificate acknowledges that Washington Prime Group is
affiliated with the ground lessee of TMP 61-132, not the underlying property owner. Under County
Code § 18-33.44(B), the application requires the signature of the underlying owner(s). This certificate
does not suffice. The SE application is lacking the appropriate signatures.
ANALYSIS OF 33.45(C) DETERMINATING COMPLETENESS OF SPECIAL EXCEPTION
APPLICATION:
C. The Director shall determine whether an application is complete within 10 days after the
application was received.
Staff failed to determine whether the special exception application was complete within the allotted 10
days after the application was received. The applicant was notified of the application's deficiency on
October 17, 2018 with the County's first review of the initial site plan.
SUMMARY:
In consideration of the above analysis staff finds that the requested variation is not acceptable per the
relevant factors discussed in the staff report and summarized below.
Factors Favorable:
1. The proposal does not increase the overall intensity of the approved development.
2. The proposal reduces the amount of existing impervious surfaces.
3. The proposal utilizes existing road connections.
Factors Unfavorable:
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1. The proposal fails to meet Comprehensive Plan's pedestrian access and connectivity goals of
the district.
2. Applicant lacks appropriate documentation for Jack DeGagne to sign the special exception
application.
RECOMMENDATION:
Staff recommends approval of the Special Exception with the following conditions:
The following items shall be adequately addressed with the final site plan:
a. Continue the shared use path southbound along eastern border of the lease area and connect it to
the required sidewalk along the southern egress for the site.
b. Provide a 6' wide landscape strip between the southbound shared use path and the travelway
shared with the mall to buffer pedestrians from vehicles.
c. The shared use path(s) provided onsite shall each be a minimum of 10' wide.
d. If the proposed shared use path connection to the existing sidewalk on Rte. 29 is not permitted by
VDOT then the applicant shall provide either a shared use path or a 10' wide sidewalk in place
of the required sidewalks along the southern egress of the site, which shall connect to the
existing sidewalks on Rte. 29 (see Attachment E for location of sidewalk).
2. Prior to final site plan approval provide written documentation permitting Jack DeGagne to sign the
special exception application for this variation on behalf of the property owner.
ATTACHMENTS:
A. Exhibit A — Initial Site Plan/layout
B. SDP1979-7 Fashion Square Mall Application plan
C. Special exception request and justification
D. The Rio 29 Small Area Plan - Core Zone Standards and Guidelines
E. Email correspondence from December 4, 2018 and March 19, 2019
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