HomeMy WebLinkAboutSP202000014 Special Exception 2020-12-04COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name:
Staff.
SP20200014: 1680 Seminole Trail Outdoor Sales, Storage
Margaret Maliszewski, Chief of Planning/Resource
and Display
Management
Planning Commission Public Hearing: November 24,
Board of Supervisors Public Hearing: January 6,
2020
2021
Owner: BNE Restaurant Group IV LLC c/o W Craig
Applicant: Sasha Ismail - Charlottesville Albemarle
Worthy
Rental Properties LLC
Acreage: approximately .71 acres
Special Use Permit: Section 30.6.3 - Outdoor storage,
display and/or sales serving or associated with a
permitted use within the Entrance Corridor Overlay
TMP: 06100-00-00-120TO
Existing Zoning and By -right use: HC Highway
Location: 1680 Seminole Trail
Commercial — commercial and service; residential by
special use permit (15 units/acre)
Magisterial District: Rio
Conditions: Yes
School District: Albemarle HS, Burley MS, Agnor-Hurt
Requested # of Dwelling Units: N/A
ES
Proposal: Establish outdoor sales/storage/display of
Comprehensive Plan Designation: Core Area within
vehicles
Rio 29 Small Area Plan - area intended to have a
mixture of uses including residential, commercial, retail,
office, institutional and employment uses. Buildings
with heights of 3-6 stories, built close to the street, with
pedestrian access and relegated parking.
Character of Property: This property contains a Hardee's
Use of Surrounding Properties: A variety of
fast food restaurant building surrounded by paved parking
commercial uses exist in the immediate area, including
and travelways. There is limited landscaping on site.
Merchant's Auto, Enterprise Rent -a -Car, CVS
pharmacy, strip shopping centers, banks and restaurants.
Factors Favorable
Factors Unfavorable
1. The request is consistent with the Comprehensive Plan
1. The proposed use is not consistent with the Rio29
goal of preserving scenic resources, the Neighborhood
Small Area Plan goals for building height, building
Model goal of redevelopment, and Rio29 Small Area
location and relegated parking.
Plan goals related to landscaping.
2. The ARB has reviewed the request and has
recommended no objection, with conditions.
Recommendation: The review of requests for special use permits for outdoor sales/storage/display in Albemarle
County have typically been limited to assessment and mitigation of the visual impacts of the proposed use on the
Entrance Corridors, and the requests have typically been approved with conditions recommended by the ARB. The
location of the current proposal — at the most prominent intersection in the Rio29 Small Area Plan - introduces a new
factor into the consideration of the request. With no previous guidance from the Planning Commission or Board of
Supervisors on how to rank these competing goals, staff recommends that the Planning Commission evaluate the
importance of the Rio29 form and site design standards while reviewing this request for outdoor display in the
Entrance Corridors, noting that the proposal would not advance the County's adopted vision for the redevelopment of
this property.
STAFF PERSON: Margaret Maliszewski
PLANNING COMMISSION: November 24, 2020
BOARD OF SUPERVISORS: January 6, 2021
PETITION:
PROJECT: SP201900014: 1680 Seminole Trail Outdoor Sales, Storage and Display
MAGISTERIAL DISTRICT: Rio
TAX MAP/PARCEL: 06100000120T0
LOCATION: 1680 Seminole Trail
PROPOSAL: Establish outdoor sales/storage/display of vehicles on approximately .71 acres
PETITION: Outdoor storage, display and/or sales serving or associated with a permitted use within the
Entrance Corridor Overlay under Section 30.6.3.a.2.b of zoning ordinance. No dwelling units proposed.
ZONING: HC Highway Commercial — commercial and service; residential by special use permit (15
units/acre); EC Entrance Corridor Overlay District — overlay to protect properties of historic, architectural
or cultural significance from visual impacts of development along routes of tourist access.
AIA Airport Impact Area: Yes
COMPREHENSIVE PLAN: Core Area within Rio 29 Small Area Plan - area intended to have a mixture
of uses including residential, commercial, retail, office, institutional and employment uses. Buildings with
heights of 3-6 stories, built close to the street, with pedestrian access and relegated parking.
CHARACTER OF THE AREA:
The subject property is located at the southwest comer of the intersection of Rt. 29 and Rio Road. (See
Attachment A for a vicinity map.) A variety of commercial uses predominate in the general vicinity.
Among them are some automobile -related uses, including Merchant's Auto to the west and Enterprise
Rent -a -Car to the southwest, as well as 1640 Seminole Trail (two parcels to the south), for which a
Special Use Permit for outdoor sales, storage and display was approved in 2018.Other commercial uses
in the area include a CVS pharmacy, restaurants, banks and strip shopping centers.
PLANNING AND ZONING HISTORY:
A site plan was first approved for this site in 1977. The restaurant building was constructed in 1978, prior
to the establishment of the Entrance Corridors, and a site plan amendment was approved in 1979. The ARB
reviewed signs for the site in 1992 and 1998, reviewed minor modifications to the building and signage in
2004, and reviewed additional signage in 2011. In 2012 the ARB approved a re -roofing for the building.
Two pre -application conferences were held for the current proposal in June 2020. The ARB reviewed the
current proposal on September 8, 2020 and recommended approval with conditions. (See Attachment B for
the ARB action letter.)
DETAILS OF THE APPLICANT'S PROPOSAL:
The applicant proposes to establish outdoor sales/storage/display of vehicles in a total of 34 parking
spaces located along the north, east, and a portion of the south perimeters of the site, and on the west and
south sides of the existing building. (See Attachment C for the applicant's proposed plan.) The proposal
also includes 9 employee/customer spaces on the south side of the site. The refrigeration structure at the
west side of the building and the drive-thru structure at the south side of the building would be removed
to accommodate some of the proposed parking. Dumpsters would be consolidated at the southwest comer
of the site. Planting area would be expanded along the north and east sides of the site and trees and shrubs
would be added. There are currently no trees or shrubs along these frontages. In conjunction with the
expansion of the planting area on the north side, a portion of the retaining wall on Rio Road will be
removed. Trees and shrubs would also be added around the building. The three existing pole lights, which
do not conform to current standards for height and cutoff, would be removed from the site. New pole
lights would be proposed as part of the required site plan amendment and would be reviewed for
consistency with ordinance and guidelines requirements. The nonconforming freestanding sign would
also be removed.
SUMMARY OF THE COMMUNITY MEETING:
A community meeting was held as part of the Places 29 Rio Community Advisory Committee meeting on
August 27, 2020. County staff provided a general overview of the special use permit process and an
update on the status of the ARB and Special Permit reviews. The applicant described the proposal in
detail for the attendees. CAC members asked questions about traffic flow, inter -parcel connections, new
landscaping/density of planting/line of sight, consistency with the Rio29 Small Area Plan, and vehicle
repair uses. (See Attachment D for the CAC minutes.).
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST:
Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall
reasonably consider the following factors when reviewing and acting upon an application for a special use
permit:
No substantial detriment. Whether the proposed special use will be a substantial detriment to
adiacent parcels.
The subject parcel is already developed. Although the proposal would add 11 parking spaces, paved
area would not increase and some existing structures with negative visual impacts would be removed.
Also, planting area would increase, so the general character of the site would be improved, rather than
be a detriment.
The predominant character of the area is that of a commercial strip. Some automobile -related
businesses are located nearby, including Merchant's Auto to the west and Enterprise Rent -a -Car to the
southwest, as well as 1640 Seminole Trail (two parcels to the south), for which a Special Use Permit
for outdoor sales, storage and display was approved in 2018. A gas station and vehicle repair business
are located on the west side of Rt. 29, a short distance south on the corridor. The Colonial Auto
dealership, with outdoor sales, storage and display, is located on the west side of Rt. 29, a short
distance further north on the corridor. The proposed sales, storage and display parking is compatible
with those sites.
The ARB has reviewed this request and has recommended approval with conditions to limit negative
visual impacts on the Entrance Corridors (ECs). With the ARB's conditions of approval, no substantial
detriment is anticipated.
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.
The intent of the special use permit requirement for outdoor sales, storage and display is to address the
potential impacts of the activity on the ECs. Section 30.6 of the Zoning Ordinance states that the intent
of the EC Overlay District is, in part, to implement the comprehensive plan's goal of preserving the
county's scenic resources because they are essential to the county's character, economic vitality and
quality of life. An objective of this goal is to maintain the visual integrity of the county's roadways
by using design guidelines. The ARB has applied the County's adopted design guidelines for
development within the EC to the review of this request and has recommended approval with
conditions. With those conditions of approval, the existing character and visual integrity of the area
will be maintained.
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,
One of the purposes of this chapter is "to facilitate creating a convenient, attractive and harmonious
community" (Section 1.4.C). The proposed use will achieve this by satisfying the ARB's
recommended conditions of approval, as outlined in an attachment to this report. Although a special
use permit is required for this use on this site due to the location within the EC overlay district, this use
is considered accessory to motor vehicle sales. Motor vehicle sales is one of the commercial uses
permitted by right within the Highway Commercial zoning district. The focus of the review for the
sales/storage/display use is on the impacts to the EC, not on the use itself. Consequently, the proposed
use is expected to be in harmony with the other by -right uses in the district and with the intent of this
chapter.
...with the regulations provided in section 5 as app&cable,
There are no additional regulations in section 5 related to vehicle sales, storage or display.
... and with the public health, safety and general welfare.
The intent of the special use permit requirement for outdoor sales, storage and display is based on the
need to mitigate the potential negative impact of this use on the aesthetics of the ECs. This is directly
related to promoting public welfare and general quality of life. The ARB has reviewed the proposal
and has recommended approval with conditions regarding appropriate lighting, landscaping and
signage. In addition, the way vehicles may be stored and displayed on site is a potential aesthetic issue
and a typical concern for this type of use. Elevating vehicles for display purposes is not considered
appropriate, and parking vehicles in multiple, tightly packed rows is also considered to have a negative
visual impact. Consequently, the ARB has recommended standard conditions of approval to address
these issues. With these conditions, the visual integrity of the corridor will be maintained, thereby
protecting the quality of life. Furthermore, a site plan amendment is required for this proposal. The
review of that amendment will consider compliance with the relevant development review regulations
that are also set forth to protect the public health, safety and general welfare. Therefore, a combination
of proper site design and implementation of the recommended conditions, along with the issuance of a
Certificate of Appropriateness by the ARB, would sufficiently address this objective.
Consistency with the Comprehensive Plan. Whether the proposed special use will be consistent
with the Comprehensive Plan.
Chapter 2 of the Comprehensive Plan (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 EC Overlay District is intended to support those goals by maintaining the visual
integrity of the County's roadways. The ARB addresses potential adverse aesthetic impacts in the ECs
by applying the County's Entrance Corridor Design Guidelines during the review of development
proposals. The ARB reviewed the subject request for conformance with those guidelines on September
8, 2020, and voted 5:0 to forward a recommendation of "no objection" with conditions to the Planning
Commission regarding this proposal.
The Comprehensive Plan shows this property as part of the Core Area within the Rio29 Small Area
Plan (SAP). This property is a central corner parcel that is designated as Urban Core and Core within
the place types of the plan. Properties within the Core are intended to have the highest intensity of
development and the tallest buildings which are offset by setbacks. Buildings facing the streets in
Urban Core should have first floor uses that activate the street, such as commercial or retail uses. This
designation is intended to have a mixture of uses including residential, commercial, retail, office,
institutional and employment in buildings with heights of 3-6 stories, built close to the street, with
pedestrian access and relegated parking. The SAP states that off street surface parking is discouraged
in the Urban Core but may be allowed by exception when screened and relegated to the sides and rear
of buildings. The outdoor display of vehicles along Rio Road and Rt. 29 does not support these
primary goals of the SAP.
SUMMARY AND ACTION:
Staff has identified factors which are favorable to the request for outdoor sales/storage/display. Factors
favorable include:
1. The request is consistent with the Comprehensive Plan goal of preserving scenic resources, the
Neighborhood Model goal of redevelopment, and Rio29 Small Area Plan goals related to
landscaping.
2. The ARB has reviewed the request as it relates to entrance corridor requirements and has
recommended the following conditions:
a. Use of this site must be in general accord with the concept plan "Application & Conceptual
Layout Plan by Collins Engineering" last revised 09/21/20, as determined by the Director of
Planning and the Zoning Administrator. To be in general accord with this plan, development
and use of the site shall reflect the general size, arrangement and location of the vehicle
display/storage and landscape areas. Permitted modifications may include those required by
the ARB, those necessary to satisfy the conditions of this special use permit, and additional
landscaping/screening approved by the Site Plan Agent.
b. Vehicles must be displayed or stored only in areas indicated for display or storage on the plan
entitled Application & Conceptual Layout Plan by Collins Engineering" last
revised 09/21/20(the Concept Plan).
c. Vehicles for sales/storage/display must be parked in striped parking spaces.
d. Vehicles must not be elevated anywhere outside of a building on site.
e. Final site plan approval is subject to ARB approval of the landscape plan (submitted with the
site plan). Landscaping shown on the plan may be required to be in excess of the minimum
requirements of the ARB guidelines and/or the Zoning Ordinance to mitigate visual impacts
of the prosed use.
f Final site plan approval is subject to ARB approval of the lighting plan (submitted with the
site plan). Maximum height of new pole lights shall not exceed 20'. Maximum light levels
shall not exceed 30 foot candles in the display lot and 20 foot candles in all other locations.
Nonconforming poles and fixtures shall be removed. All fixtures must have lamps whose
color temperature is between 2000 and 3000 Kelvin.
g. The existing freestanding sign must be removed prior to commencement of the new use. Any
new freestanding sign must meet zoning ordinance and Entrance Corridor requirements.
Staff has identified the following unfavorable factors:
1. The proposed use is not consistent with the Rio29 Small Area Plan goals for building height,
building location and relegated parking.
The review of requests for special use permits for outdoor sales/storage/display in Albemarle County have
typically been limited to assessment and mitigation of the visual impacts of the proposed use on the
Entrance Corridors, and the requests have typically been approved with conditions recommended by the
ARB. The location of the current proposal — at the most prominent intersection in the Rio29 Small Area
Plan - introduces a new factor into the consideration of the request. With no previous guidance from the
Planning Commission or Board of Supervisors on how to rank these competing goals, staff recommends
that the Planning Commission evaluate the importance of the Rio29 form and site design standards while
reviewing this request for outdoor display in the Entrance Corridors, noting that the proposal would not
advance the County's adopted vision for the redevelopment of this property.
PLANNING COMMISSION MOTIONS:
A. Should the Planning Commission choose to recommend approval of this special use permit:
Move to recommend approval of SP20200014: 1680 Seminole Trail Outdoor Sales, Storage and
Display with the conditions stated in the staff report.
B. Should the Planning Commission choose to recommend denial of this special use permit:
Move to recommend denial of SP202000014: 1680 Seminole Trail Outdoor Sales, Storage and
Display. Should a commissioner motion to recommend denial, he or she should state the reasons) for
recommending denial.
ATTACHMENTS:
Attachment A — Vicinity Map
Attachment B — ARB action letter
Attachment C — Applicant's proposed plan
Attachment D — CAC minutes