HomeMy WebLinkAboutSP202200026 Review Comments Special Use Permit 2022-12-22401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
County of Albemarle Telephone:434-296-5832
COMMUNITY DEVELOPMENT DEPARTMENT WWW.ALBEMARLE.ORG
December 22, 2022
Clint Shifflett, P.E.
Timmons Group
608 Preston Avenue, Suite 200
Charlottesville, VA 22911
Clint. shifflettatimmons.com
RE: SP202200026 Shull Property Special Use Permit — Public Garage
Dear Mr. Shiflett:
Staff has reviewed your initial submittal for the special use permit, SP202200026 Shull Property and the associated
special exceptions. There are a few questions and comments below. Staff recommends you make the minor revisions
suggested below as soon as you can to proceed to the next available Planning Commission meeting for a public hearing.
Review comments are provided below, organized by Department, Division, or agency. Our comments are provided below.
Comments are organized as follows:
A. Comments on the Special Use Permit
B. How the proposal relates to the Comprehensive Plan
C. Additional comments from reviewers
D. Additional information
A. Special Use Permit
1. General
a. A Site Plan and a WPONSMP plan that meets all County and State regulations will be required.
2. Narrative and Use
a. The narrative states that the application is applying for a special use permit to allow the following uses:
automobile or truck repair shops, motorcycle and off -road vehicle repair shops, and public garages. Under
Section 18-10.2.2 of the Zoning Ordinance, automobile or truck repair shops, motorcycle and off -road
vehicle repair shops are not permitted by -right or through special use permit approval in the RA Zoning
District. This application can only be made for public garages as a special use in the RA district. Please
revise the narrative so that it clearly states that this request is seeking approval of a special use permit to
allow a public garage use on the property. Per Section 18-3.1 of the Zoning Ordinance, "Public garage"
means a building or portion thereof, other than a private garage, designed or used for servicing or
repairing motor driven vehicles. "
b. The narrative identifies the supplemental regulations from 18-5.1.31 that apply to "automobile repair
shops." However, the concept plan and narrative do not provide information on how the proposal would
comply with those supplemental regulations, it simply states that those regulations "have been
considered." Please provide further information on why reference to those supplemental regulations has
been made in the narrative.
c. What are the proposed hours of operation of the public garage?
d. Where will vehicles awaiting repair be stored on -site?
e. If any of the narratives are revised, please include a date of revision.
3. Conceptual Plan.
a. Please explain what the outdoor storage containers would be used for. See ARB comment #2 regarding
additional information needed regarding the appearance of the storage containers.
b. Please revise the proposed use so that it states "public garage."
c. Please see attached comments from the Virginia Department of Health (VDH). The conceptual plan does
not indicate that the applicant has verified that a well and septic system can be installed on site. Staff
recommends that the applicant continue to correspond with VDH staff to address any comments related to
the feasibility of installation of on -site well and septic systems for this project.
d. Staff have several concerns related to the screening buffer along the perimeter of the project. The width of
the buffer is variable and not uniform around the entire site. It is unclear if the existing vegetation will
adequately screen the use from the adjacent roads, properties, and the Entrance Corridor. Please provide
additional details on the types and sizes of existing vegetation that would be retained within the buffer.
Staff highly recommends that the applicant conduct a tree survey to identify the sizes and species of
existing vegetation that would be retained within the buffer, as this would provide more clarity as to
whether the buffer would be adequate for screening purposes. See attached ARB comment #1 for
additional details.
e. Provide information on the square footage/acreage of existing vegetation that would be retained within
the buffer along the perimeter of the site.
f See ARB comment #3. Entrance Corridor (EC) Guidelines do not allow a chain link fence to be visible
from the Entrance Corridor. Please provide a profile view detail of the fencing and demonstrate how it
will be consistent with the EC Guidelines.
g. See Engineering Division comment #2 and Zoning comment #1. The concept plan shows that the
majority of the site would feature a gravel surface. Per Section 18-4.12.15 (a), all parking lots and
travelways within a site must be surfaced. The concept plan needs to be revised to show a different
surface material that complies with Zoning Ordinance requirements.
h. At the preapplication meeting, staff informed the applicant that storage of vehicles awaiting repair would
not be supported in the large outdoor gravel parking lot area that is shown as a gravel lot on the concept
plan. The applicant needs to provide further information on where vehicles awaiting repair will be stored
on -site, and the size/square footage of this area.
i. No customer or employee parking is show on the concept plan. The Building Code and Zoning Ordinance
require ADA handicap accessible parking spaces to be provided on -site. Please revise the Concept Plan to
identify the location of ADA handicap spaces and demonstrate how they will comply with ADA and
Zoning Ordinance requirements. See Section 18-4.12.16 for design standards for parking spaces.
j. Provide a date and a date of revision (as applicable) on the Concept Plan
B. Comprehensive Plan
Initial comments on how your proposal generally relates to the Comprehensive Plan are provided below. Comments on
conformity with the Comprehensive Plan are provided to the Planning Commission and Board of Supervisors as part of
the staff report.
The Rural Area Chapter (Chapter 7) of the Comprehensive Plan designates the subject properties for this proposal, TMP
12100-00-00-086I0, for Rural Area land uses. The intent of the Rural Area designation is to allow uses that preserve and
protect agricultural, forestal, open space, and natural, historic, and scenic resources; and also to allow residential uses at a
density of up to 0.5 acres per dwelling unit.
The Rural Area chapter recommends consideration of a few new land uses in the Rural Area, including supportive uses
for agriculture, tourism and crossroads communities. As new uses are proposed in the Rural Area, it is essential they meet
the following standards:
• relate directly to the Rural Area and need a Rural Area location in order to be successful, (e.g., a farm winery has
to be located in the Rural Area and would be unlikely to succeed in the Development Areas);
• be compatible with, and have a negligible impact, on natural, cultural, and historic resources;
• not conflict with nearby agricultural and forestal uses;
• reflect a size and scale that complements the character of the area in which they will be located;
• be reversible so that the land can easily return to fanning, forestry, conservation, or other preferred rural uses;
• be suitable for existing rural roads and result in little discernible difference in traffic patterns;
• generate little demand for fire and rescue and police service;
• be able to operate without the need for public water and sewer;
• be sustainable with available groundwater; and
• be consistent with other Rural Area policies.
The narrative needs to be revised so that it indicates how the proposal is consistent with any of the aforementioned
recommendations from the Comprehensive Plan.
Review of the proposal against specific objectives (obj.) in Comprehensive Plan found the following:
• Chapter 7 Rural Areas, Objective 5: Recognize and support crossroads communities, which serve as rural -scale
community meeting places and provide opportunities for residents to take part in community life. While Keene is
not specifically being in an identified crossroads community as outlined in the Comprehensive Plan, the proposed
use may contribute to providing services for the existing community in the area. The applicant should provide a
more detailed justification/explanation on how this proposed use would be consistent with the objectives of
Chapter 7 of the Comprehensive Plan.
• Chapter 4 Natural Resources, Objective 4: Protect the biological diversity and ecological integrity of the County
in both the Rural Area and Development Areas. The subject property is not identified as a "Conservation Focus
Area" on Figure 8 in Chapter 4 of the Comprehensive Plan. However, it is identified as a site with "Other Tree
Cover" in Figure 6 of Chapter 4. The applicant should provide additional information in the narrative about how
the proposal will be consistent with the environmental conservation objectives of Chapter 4 of the Comprehensive
Plan. This information can also help staff evaluate the proposal as shown on the Concept Plan and potentially
address some of the comments listed under the "Conceptual Plan" comment section above.
D. Additional Comments from Reviewers
Albemarle County Transportation Planning — Alberic Karina-Plun, akolun@albemarle.org - Requested changes, see
attached.
Albemarle County Architectural Review Board (ARB) Planning — Margaret Maliszewski,
mmaliszewski@albemarle.org — Requested changes, see attached.
Albemarle County Zoning Services — Francis MacCall, fmaccall@albemarle.org — Requested changes, see attached.
Albemarle County Engineering Services — Emily Cox, ecox2@albemarle.org — Requested changes, see attached.
Albemarle County Building Inspections - Betty Slough, bslough@albemarle.org — Review is currently pending. Any
comments will be forwarded to the applicant upon receipt.
Albemarle County Fire -Rescue - Howard Lagomarsino, hlagomarsino@albemarle.org — Requested changes, see
attached.
Virginia Department of Health (VDH) - Alan Mazurowski, alan.mazurowski@vdh.vir ig nia. gov - Requested changes,
see attached.
Virginia Department of Transportation (VDOT) - John Wilson, iohn.c.wilson@vdot.vir iginia.gov — See attached
recommendation.
Rivanna Water and Sewer Authority (RWSA) - Dyon Vega, dvega&rivanna.org — No objection, see attached.
Additional Information
Draft Conditions
Pending the applicant's response to the "Action After Receipt of Comments" section below, staff will draft recommended
conditions and provide them to the applicant on a subsequent review or prior to the Planning Commission public hearing.
Community Meeting
Prior to holding a public hearing on this application with the Planning Commission, a community meeting must be held in
accordance with Section 18-33.4 (K) of the Zoning Ordinance. As of the date of this letter, no community meeting has
been held. Staff will continue to coordinate with the applicant to schedule the community meeting.
Action after Receipt of Comments
Please see the attached document "Action After Receipt of Comment Letter."
Within one week (7 days) of receiving this comment letter, please do one of the following:
1. Request deferral, as required by Section 33.11, if you will resubmit to answer the above questions and provide
additional information. You can request a deferral in writing (by email) which will allow you up to six months to
work on revisions to the application.
2. Proceed to Planning Commission public hearing. At this time, you may request that your application proceed to
public hearing with the Planning Commission. With this option, no additional documents will be accepted, and
staff will take your project to the Commission as originally submitted, but without a recommendation of approval.
3. Withdraw your application. If at any time you wish to withdraw your application, please provide your request in
writing (by email).
Staff recommends option 1, request a deferral so that you can resubmit your application for further review with staff.
Once deferred, Staff will work with you to address comments. Comment responses can be in a formal comment response
letter or by email to me. If the applicant wishes to proceed to a public hearing without deferring the application and re-
submitting for further staff review, we will work with the applicant to identify a suitable date for the public hearing.
Please provide a response to this within one week (7 days) of receipt of this letter. Comment responses can be in a formal
comment response letter or by email to me.
Resubmittal
If you choose to resubmit, please upload your documents online here: https:Hlfweb.albemarle.orvfForms/CDDSubmission.
There is no fee for the first resubmittal. Please fill out the attached resubmittal form if the applicant chooses to resubmit
for further review with staff.
Notification and Advertisement Fees
This fee has been paid. No additional fees are required at this time.
Please feel free to contact me by using blan¢ille@albemarle.or¢ or 434-296-5832 ext.3432 for further information.
Sincerely,
Cameron Langille
Principal Planner
Planning Division, Department of Community Development
Attachments:
1. Action After Receipt of Comment Letter
Review Comments for SP202200026
Project Name: SHULL PROPERTY - DIGITAL
Date Completed: Thursday, October 13, 2022 Department/DivisiordAgency: Review Status:
Reviewer Alberic Karina-Plun D CDD Plennina See Recommendations
Page: 1 County of Albemarle Printed On: 12/1312022
Review Comments for SP202200026
Project Name: SHULL PROPERTY - DIGRAL
Date Completed: Wednesday, December 14, 2022 Department/DivisiorvAgency: Review Status:
Reviewer: Margaret Maliszewski CDD ARB Requested Changes
1. GIS shows that the subject parcel is currently covered with dense vegetation. Most of that vegetation would be removed to
accommodate the proposed use, with a band of vegetation proposed to remain around the perimeter of the parcel. The band
has a minimum depth of approximately 15' (in the vicinity of the storage containers) and a maximum depth of approximately 50'
on the EC street side. The applicant's narrative states that the vegetation will screen the vehicle storage area from view. It is not
clear from the plan that the vegetation to remain will be sufficient to meet vehicular screening requirements. A tree survey and
supplemental planting may be required. Revise the submittal to demonstrate more specifically how the screening requirement
will be met.
2. The side and rear elevations of the proposed building and the storage containers will likely be seen from the EC street
through the narrower sections of the buffer. The building and containers do not require full screening, but they must have an
appropriate appearance for the EC. The building can use materials and architectural detailing to achieve this, but it is not clear
how the storage containers will meet this requirement. revise the submittal to clarify the purpose, appearance and screening of
the storage containers.
3. Entrance Corridor (EC) Design Guidelines state that chain link fence cannot be visible from the EC street. It is anticipated
that the perimeter fence will be seen through the less dense sections of the vegetated buffer. Revise the concept plan to include
a fence detail showing how the fence will have an appropriate appearance for the EC street.
4. The vehicle storage area seems over -scaled for the size of the auto shop. Explain the need for a storage area of the size
that is proposed. Reducing the size of the storage area and increasing the perimeter vegetation to remain is recommended.
Page: 1 County of Albemarle Primed On: 12/20/2022
Review Comments for SP202200026
Project Name: SHULL PROPERTY - DIGITAL
Date Completed: Wednesday, December 14, 2022 Department/Division/Agency: Review Status:
Reviewer: Francis MacCal
COD Zoning
See Recommendations
- viease provide more mtormaaon tnat explains wny me concept plan snows sucn a large panting area outside or me ouming.
Will vehicles awaiting repair be parked in this area? If so, additional screening measures may be needed. Please consider
limiting the size of this parking area. Further comments may be forthcoming pending the applicanTs response to this comment.
- Per Enginnering comment - Is the parking for the vehicles awaiting repair going to be paved? Showing which areas of the
parcel will be used for different parking purposes and the types of surface materials would be helpful (customer parking,
parking for vehicles awaiting repair, parking for vehicles wading to be picked up by owners)
- Will there be a replanting of the graded slopes?
- The applicant should consider a more opaque fence for concelment elements along with additional landscaping.
Page: 1 County of Albemarle Printed On: 12/22/2022
Review Comments for SP202200026
Project Name: SHULL PROPERTY - DIGITAL
Date Completed: Monday, December 05, 2022 Department/DivisiordAgency: Review Status:
Reviewer: Emily Cox CDD Enaineerina Requested Changes
Page: 1 County of Albemarle Printed On: 12/20/2022
Review Comments for SP202200026
Project Name: SHULL PROPERTY - DIGRAL
Date Completed: Friday, November 18, 2022 Depanment/DivisiordAgency: Review Status:
Reviewer: Howard Lagomarsino Fire Rescue Requested Changes
Page: 1� County of Albemarle Printed On: 22/13/2022
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VIRCAMA DEPARTMENT OF HEAIIH
Cameron Langille, Principal Planner
Albemarle County Community Development
401 McIntire Road
Charlottesville, VA 22902
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1138 Rose W Drive
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December 5, 2022
RE: Shull Property Special Use Permit — First Review
Tax Map: 121-86I
SP202200026
Mr. Langille:
As requested, I've reviewed the subject special use request and application plan, dated
9/15/22, for the proposed development. I have no concerns or objections to approval of
the Special Use Permit, but offer the following comments:
1. Designs for the new septic system will need to be prepared by a licensed
professional engineer and approved by this office prior to our recommending
approval of a site development plan or issuance of construction permits.
2. If water or restroom facilities are to be made available to customers, the proposed
private well may exceed thresholds for regulation by the Office of Drinking
Water as a public water source. My recommendation is for the owner(s) to
consult with ODW staff prior to installing a well.
If there are any questions or concerns, please give me a call, 434-972-4306.
Sincerely,
Alan Mazurowski
Environmental Health Supervisor
Blue Ridge Health District
alan.mazurowskikvdh.vir ig.nia. og_v
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
Stephen C. Brich, P.E. 1401 East Broad Street
Commissioner Richmond, Virginia 23219
October 25, 2022
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Attn: Cameron Langille
Re: SP-2022-00026 Shull Property
Review# 1
Dear Mr. Langille:
(804) 7862701
Fax: (804) 7862940
The Department of Transportation, Charlottesville Residency Transportation and Land Use
Section has reviewed the above referenced plan as prepared by Timmons Group dated September
1512022 and finds them generally acceptable.
Note that the final plan must show conformance with the VDOT Road Design Manual
Appendices 13(1) and F as well as any other applicable standards, regulations or other
requirements.
A VDOT Land Use Permit will be required prior to any work within the right-of-way. The
owner/developer must contact the VDOT Charlottesville Residency Land Use Section at (434)
422-9399 for information pertaining to this process.
If you have further questions, please contact John Wilson at 434-422-9782.
Sincerely,
John C. Wilson, P.E.
Assistant Resident Engineer
Land Use
VDOT - Charlottesville Residency
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
Review Comments for SP202200026
Project Name: SHULL PROPERTY - DIGITAL
Date Completed: Wednesday, October 19, 2022 Department/DivisiordAgency: Review Status:
Dyon Vega
RWSA See Recommendations
RWSA staff has reviewed application SP202200026 Shull Property. Please see below for the completed copy of the form that
was provided to RWSA by Elaine Echols for SP & ZMAApplications:
To be filled out by RWSA for ZMA's and SP's
1. Capacity issues for sewer that may affect this proposal
None Known
2. Requires Rivanna Water and Sewer Authority Capacity Certification
Yes X- No
3. Water flow or pressure issues that may affect this proposal
None Known
4. "Red Flags" regarding service provision (Use attachments if necessary)
None Known
Thanks,
Dyon Vega
Civil Engineer
Rivanna Water & Sewer Authority
(434) 977-2970, Ext. 170
695 Moores Creek Lane
Charlottesville, VA22902
Page: 1 County of Albemarle Printed On: 12/1312022
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 February 14,
2023, 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.
If you need more time to make these changes, and if you prefer to move forward to the Planning
Commission with a recommendation for approval, you must request deferral. If you choose not to
request deferral, staff will take your project to the Commission as originally submitted, but without a
recommendation of approval. Instructions for requesting a deferral are outlined below.
Within one week please do one of the following:
(1) Request deferral, as required by Section 33.11, if you will resubmit. Be advised, the
Planning Commission date will be later than February 14, 2023.
(2) Proceed to Planning Commission public hearing on February 14, 2023.
(3) Withdraw your application
(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. Please note that your request for
deferral may not be accepted and the County may retain the initial scheduled hearing date. If your
request for deferral is accepted the application will be deemed withdrawn if the application is not
reactivated within six months of the request for deferral or within 32 months from the time the
application was determined or deemed complete.
(2) Proceed to Planning Commission Public Hearing on February 14, 2023.
At this time, you may request that your application proceed to public hearing with the Planning
Commission on February 14, 2023. With this option, no additional documents will be accepted and
staff will take your project to the Commission as originally submitted, but without a recommendation
of approval.
(3) Withdraw Your Application
Revised 9-17-19 MCN
If at anytime you wish to withdraw your application, please provide your request in writing.
Failure to Respond
An application shall be deemed to be voluntarily withdrawn if the applicant requests deferral pursuant
to subsection 33.11 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 33.11.
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
https://www.albemarle.org/government/community-development/apply-for/plann ing-and-site-
development-applications.
Revised 9-17-19 MCN
Resubmittal of information for
Special Use Permit
PROJECT NUMBER THAT HAS BEEN ASSIGNED:
Owner/Applicant Must Read and Sign
I hereby certify that the information provided With this resubmittal is what has been requested from staff
Signature of Owner, Contract Purchaser
Date
Print Name Daytime phone number of Signatory
FEES to be paid after application
For original Special Use Permit fee of $2,366
❑
First resubmission (TO BE PAm WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
Free
❑
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$1,183
❑
4% Technology surcharge
$47.32
TOTAL SPECIAL USE PERMIT RESUBMISSION FEE
$1,230.32
For original Special Use Permit fee of $1,183
❑
First resubmission (TO BE PAm WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
Free
❑
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$592
❑
4% Technology surcharge
$23.68
TOTAL SPECIAL USE PERMIT RESUBMISSION FEE
$615.68
FOR OFFICE USE ONLY Fee Amount $ Date Paid By who?
Receipt # Ck# By:
County of Albemarle
Community Development Department
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Revised 7/l/2021 Page 1 of 1