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HomeMy WebLinkAboutACSA199500004 Executive Summary 1995-06-07 'COUNTY OF ALBEMARLE EXECUTIVE SUMMARY ►r,,,,,, r-1-3(1-0 AGENDA TITLE: AGENDA DATE: ITEM NUMBER: /ASo Cafe No Problem Jurisdictional Area Amendment June 7, 1995 e,aa r)"K7 ACTION: X INFORMATION: 1-7 SUBJECT/PROPOSAL/REQUEST: Proposal to amend/clarify the previous actions on CONSENT AGENDA: this site regarding the use of public sewer. ACTION: INFORMATION: ATTACHMENTS: loa STAFF CONTACT(S): ( Messrs. Fritz, Cilimberg REVIEWED BY: � USt �w2r r_ 're 4 ja". l • BACKGROUND: �,` ,�} This site is located at the intersection of Route 240 and 250 at Mechums River and is formerly known as the Galerie Restaurant and the Ridge 4 Restaurant. The Board onginally included this area in the jurisdictional area for sewer on October 7, 1992. This approval limited the line r'" serving the site to a two inch sewer line. Subsequent to that action the Board modified its action on December 2, 1992 to allow an increase in the size of the line but limited the use of the sewer line to serve the existing structure,existing use and existing capacity only. The applicant has presented proposals which in the opinion of staff are not directly consistent with the December 2, 1992 action. The applicant's request is u, . included as Attachment B ISCUSSION: ;(-4"t Staff will comment on each aspect of the Board's approval separately: tF w-.V . j;1 .-/ EXISTING STRUCTURE The applicant contends that the Board's action "did not prohibit the existing structure from being expanded, enlarged,or modified in compliance with all zoning and building regulations applicable". Staff opinion is that the Board's action limits any enlargement to the building with the exception of facade treatment. The applicant is requesting to expand the foot-print of the building and to add a second floor. These activities have resulted in the need for variances in the setback. (These variances are scheduled to be heard June 6, 1995 by the Board of Zoning Appeals. Zoning staff has recommended denial of the variances.) This property was zoned C-1,Commercial in recognition of the existing use. The existing use is non-conforming due to setback. The site is not located in a designated growth area. Limiting the use to the existing structure will minimize the inconsistency of this use with the Comprehensive Plan. Expansion of the building,particularly expansion requiring variances,represents increased commercial activity in the Rural Areas which is inconsistent with the Comprehensive Plan. Staff opinion is that the use should be limited to the existing structure with the exception of facade treatment and those expansions which do not require variances or modifications of the ordinance. EXISTING USE: The existing use of the site has been interpreted to mean a restaurant. The applicant has proposed the construction of a second floor which would be used as an apartment by an employee. The zoning ordinance does permit limited residential use of commercial property. Staff believes that limited residential use such as proposed is incidental to the primary restaurant use and should be acceptable as long as it is within the existing structure except as may be modified as described above. EXISTING CAPACITY: Staff has reviewed the minutes of the Board action and is of the opinion that this limitation was intended to prevent expansion of the seating capacity of the restaurant. However,the seating capacity was not clearly identified. At the time of the Board's action the site did have a"pump and haul"permit allowing a 65 seat restaurant serving a single meal a day. (The applicant has stated that information obtained by him from the Health Department allowed 85 seats.) Staff is unable to determine any relationship between the"pump and haul" approvals and the previous use of the site. The applicant has constructed the sewer line in accord with the previous approvals. Use of this site f^r a 100 seat restaurant does not present a capacity problem according to the Albemarle County Service Authority. The Health Department ticipates 50 gallons per seat per day in a restaurant. Staff opinion is that the existing condition does not provide adequate clarification as to me existing capacity. As the building code would allow up to 115 seats in the existing structure,setting the capacity limit at 100 seats would appear to be appropriate. AGENDA TITLE: Cafe No Problem Junsmctional Area Amendment June 7, 1995 Page 2 RECOMMENDATION: Proceed to public hearing with this request. In response to the applicants request for modification of the jurisdictional boundary staff recommends the following language: Approval is for sewer service only. This approval authorizes the construction and placement of a sewer line and associated pump station to serve the existing use(restaurant plus associated apartment for employee),existing structure(with the exception of facade treatment an ose expansions which do not require variances or modifications to the ordinance), and existing capacity (equivalent of 100 seat re ant generating not more than 5000 gallons per day)only COOPER.SUM 95.088 F Ji a. Cafe No Problem H, I 2 2 1995 Richard A. Cooper Owner t- i re 4-:*° Post Office Box 62 Crozet, Virginia 22932 Wayne Cilimberg County of Albemarle Department of Planning and Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 May 22, 1995 Dear Mr. Cilimberg, As you requested, I am writing this letter to supplement the application to amend the service authority jurisdictional area for limited sewer service at the restaurant site, Tax Map 57, Parcel 31A. The Board of Supervisors past conditional approval of on site sewerage, based on the "State's criteria to serve the existing structure, existing use and existing capacity only," has been interpreted by me and many county officials in many different ways. The State has many criteria. EXISTING STRUCTURE The Board did not prohibit the existing stucture from being expanded, enlarged, or modified in compliance with all zoning and building regulations applicable. The proposal seeks permission to change the structure from one level to two levels consistent with other structures in the immediate vicinity. The Zoning administrator requires board approval to modify the structure instead of applying the Zoning Ordinance. We have applied for necessary variances. EXISTING USE The current proposal before the Planning Commission requests permisssion to build an employee apartment above the restaurant. The use will expand only to a use which is less intense and to one which is otherwise permitted by right in C-1 Districts. The use would be less intense than a restaurant's and would allow the building and its business to exist as a place both optimally cared for and well maintained. Historically and currently, many great restaurant operators eagerly live where they work and find this a great convenience because of the long hours involved in running the business as well as for security reasons. EXISTING CAPACITY The current proposal seeks an occupant load of 100 customers. You have asked me to gather data based on "state's criteria" to determine what the seating capacity of the existing structure was when the Board gave its approval in December of 1992. The most recent document found at the Thomas Jefferson Health Department shows they approved a Temporary Pump and Haul permit for an occupancy of 85 people for one evening meal per day pending a permanent sewer solution. According to the BOCA code, the existing structure could handle at least 115 people. And Planner, Bill Fritz, informs me there are even more "state's criteria" for determing existing capacity that would yield still different results. Being mindful of The Board's limits on the sewer system/ pump station, its design is for 100 people. Jim Moore of the State Health Department in Lexington has approved the current system- its ability to pump more is limited only by the size of the pumps. The current proposal before the Planning Commission requests permission to build an employee apartment above the existing structure in accordance with Zoning and Building Regulations. The capacity will not expand, and thus there is no need for additional sewerage or parking. Alternatively we ask, if this cannot be accommodated unconditionally, for permission to downsize the restaurant seating capacity from 100 seats to 98 and allow for 2 employees to live above and work in the restaurant. We appreciate all your efforts to maintain the viabiliity of this site and to ensure the restaurant's best chance for survival in an already competitive market. We are confident Cafe No Problem will one day live up to its name and be an asset to the Albemarle Community consistent with the fine character of this neighborhood. Respectfully, Richard A. Coopr f NIT 1//dll`�\� COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296.5823 MEMORANDUM • TO: Albemarle County Board of Supervisors FROM: V. Wayne Cilimberg, Director of Planning & Community ��I/' , Development VV`"'�U DATE: October 2, 1992 RE: Request to Amend Albemarle County Service Authority Jurisdictional Area For The Ridge (Galerie) Restaurant - Tax Map 57 , Parcel 31A C, Attached (Attachment I) is staff's prior report regarding this , request which outlines policy considerations. It has been determined that for reasonable use of this property as a restaurant connection to public sewer is the only available or feasible alternative. Staff is attempting to find out from the Health Department if on-site septic would be possible for any other C-1 uses not as intensive as a restaurant, but as of this writing have not gotten response from the Health Department. There is no need for public water as the restaurant's water supply is experiencing no quality or quantity problems. The applicant's representative has indicated verbally to staff that the applicant is continuing to pursue connection to public sewer. Plans have apparently been developed, although staff has not seen those plans. The applicant has contacted the property owners who granted the original easement to the Rivanna Water & Sewer Authority that would need to be used. All have indicated verbally their willingness to allow additional use of the easement. The Rivanna Water & Sewer Authority has also indicated its willingness to permit the additional use of the easement. The applicant has obtained two preliminary bids for construction of the sewer line. The applicant will be providing this information in writing for the Board's consideration. The Virginia Department of 041 Albemarle County Board of Supervisors Page 2 October 2 , 1992 Health has granted an extension of the variance for temporary pump and haul for an additional six month period with conditions (see Attachment II ) , including termination of the variance should the Board decide not to extend the jurisdictional area. As regards strategies of the Comprehensive Plan, public health is a concern if commercial use of the property requires sewage disposal capacity which cannot be accommodated with an on-site system. A restaurant will require an off-site solution. Whether other commercial uses do is not known at this time. Regarding the issue of vested rights, the Board has the comments of the County Attorney for consideration (Attachment III) . Staff would not recommend amending the jurisdictional area for public sewer to this parcel until evidence of approved access to the public sewer system is provided. VWC/DBB/jcw ATTACHMENT cc: Forbes Reback Benton Downer Bill Brent °r - ATTACHMENT I COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 MEMORANDUM TO: Albemarle County Board of Supervisors FROM: V. Wayne Cilimberg, Communit Director of Plannin Y Development 9 and()C e 1/ DATE: January 10 �•C� 1992 RE: REQUEST TO AMEND ALBEMAR AUTHORITY JURISDICT ONALLE COUNTY SERVICE t Tax Map 57, Parcel 31A AREA A request has been • d the request received from Mr. the ! ' to A Albemarle County Service Authorityejurinton Downer t1 horde Public sewer the Jurisdictional amend nt by the Cent A) . This request was Galerie Januaryta7, 199 area agenda for January°f the Board received 7 and has been placed on 1992 agenda for m 14, 1992 . It should be the Board ' s Health letter of December 8, noted thati the as to the adequacy of the 1991 also is assumed from well raises continue, correspondence that !Attachment B) . the restaurant It The Comprehensive use would Plan states on page 146 the following: "Objective: Provide public the Urban Area water and Communities, and sewer services to Strategies: ° Follow the boundaries Areas in delineating of the designated .. jurisdictional areas. Growth • . • ey�t Albemarle County Board of Supervisors January 10, 1992 ' Page 2 o Only allow changes in jurisdictional areas outside of designated Growth Area boundaries in cases where the property is: (1) adjacent to the esxistinggeng ines; and, (2) public health and safety o Prohibit access to the Crozet Interceptor between the boundary of the Crozet Community and the Urban Area. " This former restaurant exists outside the Crozet Community adjacent to the Crozet interceptor on property zoned C-1. It has been implied that continued reasonable use of this property necessitates hook-up to the interceptor. Because of issues that should be addressed regarding reasonable use of the property, alternatives for alleviating the sewage problems and questions of well ade uac has not had time to fully investigate the matter ands providerf a comprehensive recommendation to the Board. recommended that the Board consider this mattertnosearlier than mid-February, 1992 to allow time for staff to undertake the following: 1. Evaluate the property for inclusion into Albemarle County Service Authority jurisdictional areas for both public water and public sewer (to existing structures only) . 2 . Prepare a comprehensive report based on consultation with various other relevant agencies. VWC/jcw cc: W. Benton Downer Bill Brent ,e1 of fr,RGI COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5875 FAX (804) 972-4060 TDD (804) 972-4012 June 8, 1995 Richard A. Cooper P.O. Box 62 Crozet, VA 22932 RE: Variance Application, VA-95-05 Tax Map 57, Parcel 31A Dear Mr. Cooper: This letter is to inform you that on June 6, 1995, during the meeting of the Board of Zoning Appeals, the Board unanimously approved your request for VA-95-05, subject to the following conditions: 1. The variance is granted for the work currently proposed with the building permit, AC-94-530 (for 1-story only). Any additional square footage which would encroach the required setback, or any change which is determined to be substantial by the Zoning Administrator, shall require amendment of this variance; 2. Virginia Department of Transportation approval of sight distance at all intersections impacted by this structure. In the event that the building addition reduces the sight distance, that area of addition shall not be permitted; 3. This variance approval is contingent upon approval of any other applicable applications, including the site plan and the public sewer service. This approval is contingent on approval of a certificate of appropriateness from the Architectural Review Board. Richard A. Cooper June 8, 1995 Page Two Under Virginia Code Section 15.1.496-1, if you disagree with this decision you may appeal within thirty days of the date of this letter by filing with the Circuit Court of Albemarle County. If you do not file such written appeal within thirty days, this decision will become final and unappealable. If you have any questions, please contact our office. Sincerely, r \ ( 3,4,AUL. Amelia G. McCulley, A.I.C.P. Zoning Administrator AGM/db cc: File APPLICATION TO AMEND THE �t.°F�^ County of Albemarle Department of Planning anctl -rizati4tut SERVICE AUTHORITY 401 McIntire Road�- Charlottesville,VA 2290 9 2 5 11 At 2 2 1995 JURISDICTIONAL AREAS `, 1N,� 804 296-5823 • •P!annina Dept. APPLICANT N. R iC A-4-� • 4. CO iL Signature: caw Phoncqq5 b - Y7 2- b. 62 ( tccZEi V/- Address: l�' � 2_2132— CO-APPLICANT Name (or agent, if any): Signature: Phone: Address: JURISDICTIONAL AREA DESIGNATION REQUESTED: ❑ Water and Sewer 0 Water Only ❑ Water Only to Existing Structure(s) CirLimited Service (Describe In Justification below) PROPERTY LOCATION (Address) Tax Map(s)/Parcel Number(s): 5 7 / 3 t A- CURRENT SERVICE AREA DESIGNATION (If any): ❑ Water and Sewer 0 Water Only • ❑ Water Only to Existing Structures (`Limited Service JUSTIFICATION FOR REQUEST: Pl-4/J,i1,) - Commi$ iO4 pi&1)�12iS k • For Staff Use Only DATE SUBMITTED: DATE$130 FEE PAID: PROPERTY IS LOCATED (Check Appropriate): ❑ Inside or ❑Outside a Growth Area? 0 Adjacent to SAJA? ❑ Inside or ❑Outside a Water-Supply Watershed? 0 Adjacent to a Growth Area? Location and distance of water/sewer line proposed to provide service REQUEST FOR AMENDMENT ADOPTED: 0 Yes 0 No Date of Action ct COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 October 15 , 1992 W. Benton Downer 500 Westfield Road Charlottesville, VA 22901 RE: The Ridge Restaurant - Albemarle County Service Authority Service Area Boundaries Dear Mr. Downer: The Albemarle County Board of Supervisors , at its meeting on October 7 , 1992 , approved the above-noted request to amend the Albemarle County Service Authority service area boundaries for "sewer service" to Tax Map 57 , Parcel 31A, for a two-inch sewer line to existing structure , existing use and existing capacity only, contingent on the applicant getting the required easements and doing the necessary work to make the connection by March 12 , 1993 . If you should have any questions or comments regarding the above- noted action, please do not hesitate to contact me. Sincerely, Wayne Cilim erg Dir for of P1 nin & Community Development VWC/jcw cc: Forbes Reback Bill Brent Amelia Patterson Jo Higgins