HomeMy WebLinkAboutSP201300020 Application 2013-10-21 Albemarle Co L„, � Community Development Department
t r+P- 401 t!r/itire Road Charlottesville,VA 22902-4596
u Planning Application Voice:(434)296-5832 Fax:(434)972 4126
PARCEL/ OWNER INFORMATION
TMP 07800-00-00-055A2 Owner(s):
FLYNN, CORVEN D & KATIE H
Application # SP201300020
PROPERTY INFORMATION
Legal Description ACREAGE RESTUARANT
Magisterial Dist. Rivanna Land Use Primary Commercial
Current AFD Not in A/F District Current Zoning Primary Highway Commercial
APPLICATION INFORMATION
Street Address 1626 RICHMOND RD CHARLOTTESVILLE, 22911 Entered By
Todd Shifflett
Application Type Special Use Permit 10/21/2013
Project IChick-Fil-A- Pantops
Received Date 10/21/13 Received Date Final Submittal Date 10/21/13 Total Fees 2000
Closing File Date Submittal Date Final Total Paid
Revision Number
Comments
ARS OK
$2,000 check was received by Fed Ex with this application. Check is being held by Todd until application is deemed
complete by a Planner.
Legal Ad
ISUB APPLICATION(s)
Type I Sub Applicati f Comment
'APPLICANT/ CONTACT INFORMATION
ContactType I Name I Address t CityState Zip Phone PhoneCell
.....:
OwnertApplitnt.::. F'LN CORVEN O-&KATE : ;. O SOX CHARLTTES..
VIL,122905::
Primary Contact GREG DODD 300 GEORGE WASHINGTON H CHESAPEAKE,VA 23323 7574874535
Applicant MATTHEW STELLMAKER-CHICK-FIL-A BUFFINGTON ROAD ATLANTA,GA 30349 4047652732
Signature of Contractor or Authorized Agent Date
�pyi - 5 5C�" Legal ACREAGE geographical Data Services Division-Room 218
Coup Description
rarent I m - - Parcel Propei EST1JAMINT Charlottesville,V6
nrmation 4n1 Mrintinz RnaA 999n9-4496
Tax Map 07800 Section 00 Block 00 Parcel 055A2 GPIN 1500102898303
Major Subdiv. Acreage Total Acres 1.40 TMP Inactive? ACTIVE
1E-911 STREET ADDRESS INFORMATION
House Num Street Name I Apartment/) City 1 State ( Zipcode I
182B RIGHMQND:.RD:' ' ':: :.? ::: :.,. ..: :::: :> :: CHARLOTTESVILLE :;:::: 1;::::i'!';:::1:22.4:i,t;:':: :1,
(OWNER INFORMATION
Name I Street Address I City/State 1 Zip
FLYNN' CORVEN D&:KATIE!H : "::: i :<: .lip;o BOX:;5849 . : . i :: i : ' CHARLOTTESVILLE:VA: -_:22905 1
'ADDITIONAL PROPERTY INFORMATION
Agricultural&Forest District: Not in A/F District High School District: Monticello
Traffic Zone: 193 Middle School District: Burley
Voter Precinct: Free Bridge Elem. School District: Stone Robinson
Magisterial District: Rivanna
Metro Planning Area?r Census Block Group: 2
CATS Area?r Census Tract: 105
Public Water&Sewer: water&&Sewer Water Supply Protection Area? NO Other Rural Land? NO
Watershed: Middle Rivanna River Development Area? YES
'Historical Significance
World Heritage Site r National Historic Landmark r Virginia Landmark Register r National Register of Historic Places r
Parcel Has Proffers NO Parcel Has Easements NO
Current Land Use Number of Structures Number of Dwelling Units
Primary: Commercial 1 Q
Secondary: Open Q Q
Minor: Unassigned Q Q
Comprehensive Plan Land Use Plan Area: Neighborhood 3 - Pantoos
Primary: Urban Mixed Use Other2: Unassigned
Secondary: Urban Density Other3: Unassigned
Minor: Unassigned Other4: Unassigned
Other: Unassigned Others: Unassigned
Zoning Current Zoning Zoning Adopted 12/1980 Zoning Prior to 12/1980
Primary: Highway Commercial Highway Commercial Commercial Business
Secondary: Unassigned Planned Industrial Park Unassigned
Minor: Unassigned Planned Industrial Park Unassigned
Other: Unassigned Natural Resource Extraction Overlayr Flood Hazard Overlayr
Airport Impact Area r Entrance Corridor Overlay F Scenic Stream Overlay r
'ACTIVITY INFORMATION
PLANNING ACTIVITIES BUILDING ACTIVITIES
ApplicationNum ■j CurrentStatus 1 SpecialConditions I ApplicationNum "{ CurrentPermitSt J SpecialConditions I
TS201000079 Approved Aunt Sarah's Pancake House B201101311SC Completed- No
5P20130002{I;":= °'.,UndeeRevleui:;;.;;.;A17S0K° ::.; .;= :':: .;.. : ?:. 82011007995 Issued
CLE201100057 Approved Expresso B199600217AC Issued
ARB201300090 ARB Comments B199600149AC CO Issued
a
ARB201100047 Approved B199500150AC CO Issued
819950011445:: ; :CO issued
Printed On 'Monday,October 21,2013
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SPECIAL POWER OF ATTORNEY
Application No:
Tax Map Number(s): 78-55 A-2
Property Description (Street Address, if assigned, or Common Description):
1626 Richmond Rd.
Nature of Special Use Permit sought:
Drive-through pick-up window associated with eating establishment as reqr'd. by zoning ordinance
Section 24.2.2.12
I/we Corven D. & Katie H. Flynn are
❑ the applicant(s) for the above referenced application; ® the owner(s) of the property described
above and I/we do hereby make, constitute, and appoint Horton & Dodd P.C., J. Gregory Dodd
, my true and lawful
attorney-in-fact, and grant unto my attorney-in-fact full power and authority to make application for the
specila use permit described above, and to perform all acts and make all representations as such
person shall deem necessary or appropriate in regard to said application, without any limitation
whatsoever, including but not limited to the following authority: to offer conditions to which the proposed
use of the property would be subject; and to modify or amend any documents in whole or in part relating
to the application.
The rights, powers, and authority of said attorney-in-fact herein granted shall commence and be in full
force and effect on the 18th day of October , 2013 , and shall
remain in full force and effect thereafter until actual notice, by certified mail, return receipt requested is
received by the Department of Community Development stating that the terms of this power have been
revoked or modified.
Applicant/Owner: Applicant/Owner:
sign sign' . ! V '
Name,Title Corven D. Flynn Name,Title Katie H. Flynn
Company Company
Commonwealth/State of ..Y1rc�∎c-I XA.
%rt7o`f y Ps\r)e_rr-)Chfs
Subscribed and sworn to p re me this \ 7 day of 1.� 20 1 ,
`,,�Ti11 r11RI4
'I'Fs
-
;COMMONWEALTH. _ NOTAR PUBLIC
OF VIRGINIA
REGISTRATION NO.i S. Notary Registration No. -P5�?GQ•
• 7560976 :
%,�� +A'
•
• ... e' ` �'� My commission expires: ��\"' �6 -- o O l -7
* If the owner or*r n/i1 Qrboration, partnership, limited liability company or similar entity, documentation must be
attached which esA(e3tiesgVflca``t the person signing on behalf of the entity has the authority to act on behalf of and to bind
that entity.
A
FOR OFFICE USE ONLY SP# y SIGN#
Fee Amount$ Date Paid By who? Receipt# Ck# By:
ZONING ORDINANCE SECTION
Application for
Special Use Permit
IMPORTANT: Your application will be considered INCOMPLETE until all of the required attachments listed on page 2
have been submitted. Also,please see the list on page 3 for the appropriate fee(s)related to your application. Staff will
assist you with these items.
PROJECT NAME: (how should we refer to this application?) Chick-fil-A, Pantops
PROPOSAL/REQUEST: Drive-In Window associated with eating establishment
ZONING ORDINANCE SECTION(S): 24.2.2.12
EXISTING COMP PLAN LAND USE/DENSITY: Community Service
LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT:
1626 Richmond Road
TAX MAP PARCEL(s): 78-55 A-2
ZONING DISTRICT: HC
#OF ACRES TO BE COVERED BY SPECIAL USE PERMIT(if a portion,it must be delineated on a plat): 1.3992 acres.
Is this an amendment to an existing Special Use Permit?If Yes provide that SP Number.SP- ❑YES ®NO
Are you submitting a preliminary site plan with this application? ®YES ❑NO
Contact Person(Who should we call/write concerning this project?): Greg Dodd
Address 300 George Washington Hwy.N. City Chesapeake State VA Zip 23323
Daytime Phone(757) 487-4535 Fax#(757) 487-9788 E-mail gdodd@hdpc.net
Owner of Record Corven D. & Katie H. Flynn
Address 338 South Keswick Drive City Troy State VA Zip 22974
Daytime Phone(434) 984-3928 Fax#( ) E-mail dflynn495 @embargmail.com
Applicant(Who is the Contact person representing?): Chick-fll-A, Inc. (Matthew Stellmaker)
Address Buffington Road City Altanta State GA Zip 30349
Daytime Phone(404) 765-2732 Fax#(404) 684-8550 E-mail matthew.stellmaker @chick-fil-a.com
Does the owner of this property own(or have any ownership interest in)any abutting property? If yes,please list those tax map and parcel numbers:
Nn
FOR OFFICE USE ONLY History:
❑ Special Use Permits: ❑ ZMAs&Proffers:
Concurrent review of Site Development Plan? ❑YES ❑NO
Letter of Authorization ❑YES ❑NO
County of Albemarle
Department of Community Development
401 McIntire Road Charlottesville,VA 22902 Voice: (434)296-5832 Fax: (434)972-4126
Special Use Permit Application Revised 04/01/2013 Page 1 of 3
REQUIRED ATTACHMENTS & 0 :R INFORMATION TO BE PROVIDE, r THE APPLICATION TO BE
Nome
,�,� OFFICIALLY SUBMITTED
IN one(1)completed & signed copy of the Checklist for a Special Use Permit.
,Ll�,/One(1)copy of the Pre-application Comment Form received from county staff
`
,��- One(1)copy of any special studies or documentation as specified in the Pre-application Comment Form,
ra<venteen (17)folded copies of a Conceptual Plan.
1J Seventeen(17)copies of a written narrative with section TITLES as follows:
• PROJECT PROPOSAL
The project proposal, including
o its public need or benefit;
o how the special use will not be a substantial detriment to adjacent lots,
o how the character of the zoning district will not be changed by the proposed special use, and
o how the special use will be in harmony with the following;
• the purpose and intent of the Zoning Ordinance,
• the uses permitted by right in the zoning district,
• the regulations provided in Section 5 of the Zoning Ordinance as applicable,and
• the public health,safety and general welfare.
(be as descriptive as possible, including details such as but not limited to the number of persons involved in
the use, operating hours,and any unique features of the use)
• CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed project's consistency with the comprehensive plan, including the land use plan and the master
plan for the applicable development area;
• IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE
The proposed project's impacts on public facilities and public infrastructure.
• IMPACTS ON ENVIRONMENTAL FEATURES
�,/ The proposed project's impacts on environmental features.
E One(1)copy of the most recent recorded plat, that shows the Deed Book/Page Number, of the parcel(s)
composing the proposed project,or a boundary survey if a portion of one or more parcels compose the proposed
,�,�project,both of which shall include a metes and bounds description of the boundaries.
L`s One(1)copy of ownership information (if applicant is not also the owner).
If ownership of the property is in the name of any type of legal entity or organization including,but not limited to,
the name of a corporation,partnership or association,or in the name of a trust,or in a fictitious name, a document
acceptable to the County must be submitted certifying that the person signing below has the authority to do so.
If the applicant is a contract purchaser,a document acceptable to the County must be submitted containing the
owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the
County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's
written consent.
See Attachment A in the Land Use Law Handbook for more information.
❑ Any delinquent real estate taxes,nuisance charges,stormwater management utility fees, and any other charges that
constitute a lien on the subject property,which are owed to the County of Albemarle and have been properly assessed
against the subject property, have been paid.
PLEASE CONSULT THE LIST OF ITEMS WHICH WILL BE REVIEWED BY STAFF
FROM THE LINK BELOW:
STAFF ANALYSIS OF ZMA& SP REQUESTS
Special Use Permit Application Revised 04/01/2013 Page 2 of 3
vrse s.re
Owner/Applicant Must Read and Sign
I hereby certify that I own the subject property,or have the legal power to act on behalf of the owner in filing this application.
I also certify that the information provided on this application and accompanying information is accurate, true. and correct to
the best of my knowledge.
! By checking this box and placing my initials under it I am consenting to written comments,letters and or
` '17 notifications regarding;. 's application being provided to me or my designated contact via email. This consent does
01 preclude sue,- •rtt -n communication from also being sent via first class mail.
Lid .1 �POA for C.D.&K.H. Flynn) October 18, 2013
Signature of Ow 'A!.-nt • ct Purchaser Date
J. Grego ••`• 757.487.4535
Print Name Daytime phone number of Signatory
Required FEES to be paid once the application is deemed complete:,
What type of Special Use Permit are you applying for?
Xi New Special Use Permit $2,000 I I
❑ Additional lots under section 10.52.1 S1 .000 '
❑ Public utilities S I .000
❑ Day care center $1 .000
❑ Home Occupation Class B $1 .000
❑ To amend existing special use permit . SI .000
❑ To extend existing special use p e r m i t _ S 1.000
❑ Farmer's markets without an existing commercial entrance approved by the VDOT or without cxisting and adequate parking $400
} ❑ Farmer's markets with an existing commercial entrance appro�ed by the VDOT and with existing and adequate parking $1 10
❑ Signs under section 4.15.5(reviewed by the Board of Zoning Appeals) $500
To be paid after staff review for public notice:
Most applications for a Special Use Permit require at least one public hearing by the Planning Commission and one public
hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing_
a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore,at least two fees
for public notice are required before a Special Use Permit may be heard by the Board of Supervisors. Applications
reviewed by the Board of Zoning Appeals,however,only require one public hearing and therefore require just one fee for
public notice.
The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before
the application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner
notification to be between S350 and$450 per hearing. This estimate reflects the average cost of public notice fees for
Special Use Permit applications,but the cost of certain applications may he higher.
Preparing and mailing or delivering up to fifty(50)notices $200
Y t $1.00 for each additional notice • actual
I ,- Preparing and mailing or delivering each notice after fifty(50)
cost of first-class postage
•• Legal advertisement(published twice in the newspaper for each public hearing) Actual cost
(averages between S150 and$250)
Other FEES that may apply:
❑ Deferral of scheduled public hearing at applicant's request $180
Resubmittal fees for original Special Use Permit fee of 52,000
# ❑ First resubmission FREE
❑ Each additional resubmission(TO BE PAID WHEN TINE RLSL IIMISSIO\IS MADE TO INTAKE STAFF) $1.000
Resubmittal fees for original Special Use Permit fee of$1,000
❑ First resubmission FREE
❑ Each additional resubmission(TO BE PAIL)WHEN TItE RESUBMISSION IS MADE TO INTAKE STAFF) $500
The full list of fees can be found in Section 35 of the Albemarle Counter Zoning Ordinance.
Special I"se Permit Application Re‘iced 04/01`2013 Paige 3 1113
NARRATIVE TO ACCOMPANY SPECIAL USE PERMIT APPLICATION
Chick-fil-A, Pantops, 1626 Richmond Rd. Albermarle County
PROJECT PROPOSAL
Chick-fil-A, Inc. is proposing to construct a restaurant on the former site of Aunt
Sarah's Pancake House, 1626 Richmond Road. The location of this restaurant will
benefit the workforce and residents in the local area as well as the traveling public
exiting onto Route 250 seeking food and services while traveling. Chick-fil-A restaurants
typically operate from 6:00 a.m. until 10:00 p.m., Monday thru Saturday and will not be
opened for business on Sunday. The restaurant will employee from 30 to 40 individuals
to cover all of the business hours of operation. Restaurants (eating establishments) an
approved use within the Highway Commercial zoning district. Commercial/office uses
are currently located on either side of the site and are generally fronting both sides of
Route 250 in the Pantops area. There are existing commercial uses within near
proximity to this site that currently have drive-thru service windows such as a bank
currently situated in the Exxon development adjacent to Chick-fil-A. The Entrance
Corridor Overlay District landscape buffer requirements and "green screens to be
utilized adjacent to the drive-thru lanes will greatly enhance the appearance of this
developed site by screening the vehicles from Route 250.
In developing the concept plan for this site, we chose to review all aspects with
County staff and the project has been reviewed by the Architectural Review Board prior
to making our formal application for this Special Use Permit. All comments received by
staff and the Architectural Review Board have been incorporated into the current
concept plan.
Due to the limited land area available in combination with the building and
parking location requirements from the EC design guidelines, this application also
includes an exception request to eliminate the by-pass land in accordance with Section
4.12.17;c.2.(a) of the Zoning Ordinance. Justification for exception request is attached
to this application.
N.00 Nue
CONSISTENCY WITH COMPREHENSIVE PLAN
This site lies within the Pantops Master Plan development area and this site is
within what is designated as the Luxor Community Center (retail/service mixed-use
center).
The County's Transportation and land Use plans envision completion of an
internal roadway system that includes introducing a 4th leg to the existing State Farm
Boulevard/Route 250 signalized intersection. The Chick-fil-A project proposed at this
location will include the addition of the 4th leg to the intersection as well as completion of
the internal east-west road connection behind the site and parallel to Route 250 in
keeping with the Master Plan emphasis to create internal roadway and pedestrian
connections.
IMPACTS TO PUBLIC FACILITIES AND PUBLIC INFRASTRUCTURE
The existing site has been developed with a restaurant and parking lot for many
years. Water lines and Sewer lines currently serve this site and the capacity is available
within the public systems to continue to service the new development proposed for this
site.
Storm drainage runoff increase resulting from the new restaurant will be
restricted so not to exceed the current runoff and will continue to discharge into the
existing Route 250 roadside drainage facility as it currently does.
Transportation improvements as described above will enhance traffic circulation
between adjacent parcels and will provide for safer ingress/egress.
IMPACTS ON ENVIRONMENTAL FEATURES
This project will not negatively impact any known environmental features. The
Landscape buffer to be included with this project will enhance the "green" vision for this
Entrance corridor.
SPECIAL USEERMIT CHECKLIST for
Chick-Fil-A Pantops/TMP78-55A2
Project Name/Tax Map Parcel Number
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
the official application
Required for Provided with
application? application
(County Staff) (Applicant) SECTION 33.4(c)
X X
YES NO
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 A narrative of the proposed project's impacts on environmental features.
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;
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-
sections/circulation;
X 3)the general location of pedestrian and bicycle facilities;
X 4) building envelopes;
X 5) parking envelopes;
X 6) public spaces and amenities;
X 7)areas to be designated as conservation and/or preservation areas;
SPECIAL USE PERMIT CHECKLIST 04/2013 Page 1 of 3
X 8)con +.ual stormwater detention facility locat' ;
'w Nee
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.
N/A - S�6M11TE? PIaL9 R T..7 TM-ti5 A�PI�U�nu�
❑ Architectural Review Board Conceptual Plan application and checklist(applicant
indicated that this might be submitted earlier than the SP application)
exception for eliminating the required bypass lane for the drive-thru per
Chapter 18 Section 4.12.2(c)
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 heckli t as required for ap•lication.
If
_11//4 iiA &A AA ", e. \ o 10. 2_, .t
Signature of perso rpleking this checklist Date
3. C ' ; -r c w ( 75-6 2861—C4& c'
Print Name Daytime phone number of Signatory
SPECIAL USE PERMIT CHECKLIST 04/2013 Page 2 of 3
E. AFT>0 cjArri c J c MM'eN'( 5
Planning Comments:
*Pi +[�'
1. Applicant should notify adjacent owners and meet to talk with them about the proposal. Notify/coordinate with
staff of meeting so that we can attend.
2. Staff will be taking the proposal to one of the Pantops Community Advisory Council meetings. It is
recommended that the applicant attend this meeting when it is set.
Zoning Comments:
1. We have historically required a bypass lane to be associated with a drive-through restaurant use. Section
4.12.17 c(2)of the Z.O. establishes a 12 ft bypass lane width that can be reduced by the County Engineer. A
reduction considers the length of the travelway,the nature of the land use and internal circulation. I strongly
urge the applicants to provide a bypass lane. Section 4.12.2 c provides for a special exception modification to
these design requirements upon a finding that the modification equally or better serves the public health, safety
and welfare. If a full width and length bypass lane are not proposed, please ask the applicant to submit this
modification request concurrently with the special use permit application (required). Supporting information to
this request is necessary.
2. With regards to access,we have provided the applicant with a copy of the proffer for ZMA 2004-012 on the
adjacent property. These proffers are also relevant to development of the subject property.
3. David Benish informally indicated that the new road extension on the east and north side of this property do not
have to be public roads. The building setback per Section 21.7 (a)of 30 feet applies to public streets. It will
apply to Route 250. If the other streets are private, there is no minimum setback from the edge of the
easement except as practical. Since those streets may be dedicated to public use at some time in the future, a
setback that considers that fact is recommended, although it is not required.
4. Section 4.12.6 Parking requires 18 spaces per 1000 gross square feet for a drive-through restaurant. We did not
discuss specifics about parking required and proposed in the preapp.
SPECIAL USE PERMIT CHECKLIST 04/2013 Page 3 of 3