HomeMy WebLinkAboutSP201300002 Review Comments Special Use Permit 2013-04-08COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4176
April 8, 2013
Michael Myers, PE
Dominion Engineering
172 S. Pantops Drive
Charlottesville, VA 22911
RE: SP 201300002: Price Hyundai Outdoor Sales /Storage /Display
Dear Mr. Myers:
Staff has reviewed your revised submittal dated 3/15/2013 for outdoor sales /storage /display of
automobiles in association with a new Price Hyundai auto dealership. Our comments are listed
below. Many of the comments identify issues that will need to be addressed with your future
site plan submittal, but some comments outline issues whose resolution could result in major
changes to the layout of the site. Those issues are the overhang of the parking spaces abutting
the retaining wall and pole lights in the center parking island, and the grading and retaining
walls within the drip line of trees and too close to the undisturbed buffer on the north side of
the site. (See Curent Development comments 7, 11, 12, and 13, and Engineering comment #2.)
Because this Special Use Permit is based on the specific location of display parking spaces, we
need to be certain the plan can be built as drawn. Because resolution of the identified issues
could result in changes to the parking layout, we won't be able to recommend approval until
those issues are resolved.
Current Development
The following comments regarding your proposal's ability to meet site plan or subdivision
ordinance requirements have been provided by Ellie Ray in the Planning Division:
I have reviewed the concept plan for the above noted application and offer the following
comments in regards to site plan requirements (The following comments are those that
have been identified at this time. Additional comments or conditions may be added or
eliminated based on further review.): [Each comment is preceded by the applicable
reference, which is to the Subdivision /Zoning Ordinances unless otherwise specified.]
1. [Comment] The previously approved site plan must be amended to reflect the new
proposal.
Rev1: Comment acknowledged by the applicant; a site plan will be submitted
following SP approval.
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2. [Comment] It appears that a 24' access easement is provided for this site through the
previous phase. For reference, should any of the phases be subdivided a minimum 30'
private street easement would be required, and private street approval would be
necessary for frontage for any potential divisions.
Rev1: Comment acknowledged by the applicant.
3. [32.5.2(a)] The boundary information provided does not include reference to TMP
04500000011160; all existing parcels should be referenced.
Rev1: Comment addressed. However, TMP 04500000011160 will need to be
consolidated with TMP 04500000011100 through a plat submittal prior to site plan
approval.
4. [32.5.2(a)] Information should be provided regarding the waiver granted for
disturbance of critical slopes, including the associated conditions of approval, by
reference to the approval letter for SDP 200400045 dated October 28, 2005.
Rev1: Comment addressed.
5. [32.5.2(b) & 4.12.4(a)] The number of parking spaces provided may not exceed the
number of spaces required by more than twenty (20) percent. The required parking
calculations should be approved by Zoning during site plan review. Some of the
calculations provided appear to be incorrect.
Rev1: Zoning will determine the number of required parking spaces. When the site
plan is submitted, the number of spaces provided may not exceed the number
required by more than 20 %.
6. [32.6.2(j) & Comment] Many of the proposed plantings appear to have site conflicts.
Some are in utility easements and some are directly on top of proposed utilities and
drainage structures. Plants must be moved to more suitable locations or approval from
the associated agency (VDOT, ACSA, etc) that they will allow the plantings within their
property /easement must be provided.
Rev1: Comment acknowledged by the applicant and will be addressed with the site
plan.
7. [32.6.2(j), 32.7.9.4(b) & Condition of approval] Existing trees may be preserved in lieu
of planting new plant materials in order to satisfy the landscaping and screening
requirements of section 32.7.9 or to meet conditions of approval, subject to the agent's
approval. It appears the Preliminary Site Plan and first Final Site Plan were approved
with a condition that certain trees along the border of the 20' undisturbed buffer be
marked and preserved. The landscape plan should show the trees to be preserved, the
limits of clearing, the location and type of protective fencing, grade changes requiring
tree wells or walls, and trenching or tunneling proposed beyond the limits of clearing.
Rev1: Comment acknowledged by the applicant. However, it appears the proposed
walls are too close to the required buffer to satisfy this condition of preliminary
approval. Additionally, there are retaining walls proposed within the areas labeled for
tree protection.
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8. [32.6.2(j) & 32.7.9.5(a)] An area of at least five (5) percent of the paved parking and
vehicular circulation area shall be landscaped with trees or shrubs. Neither the areas of
street trees and shrubs required by sections 32.7.9.5(d) and (e), nor shrubs planted
between a parking area and the building shall be counted toward the minimum
landscaped area for a parking lot. The 5% requirement refers to square footage of
planting space, not tree canopy. All relevant information to verify this requirement is
met will be required.
Rev1: Comment acknowledged by the applicant and will be addressed with the site
plan.
9. [32.6.2(j) & 32.7.9.8] A minimum 10% tree canopy will be required.
Rev1: Comment acknowledged by the applicant and will be addressed with the site
plan.
10. [Condition of Preliminary Approval] Virginia Department of Transportation approval of
entrance design, signal improvements, frontage and turn lane improvements as well as
any associated road plans and drainage plans.
Rev1: VDOT review is required on all site plan submittals.
11. [Condition of Preliminary Approval] The 18' retaining wall on the northern side of the
site cannot disturb the undisturbed buffer for a footing or reinforcing grid. The plan
must be revised as necessary, or provide computations, details and construction
methods to avoid disturbance of the buffer.
Rev1: Comment acknowledged by the applicant. However, it appears the proposed
walls are too close to the required buffer to satisfy this condition of preliminary
approval. Additionally, there are retaining walls proposed within the areas labeled for
tree protection.
12. [Condition of Preliminary Approval] Grading to the edge of the undisturbed wooded
buffer on the sides of the site will likely cut tree root systems, damaging and eventually
killing trees. On final plans, the grading should be moved back, or specific trees
surveyed and marked on plans to ensure survivability of trees within the undisturbed
buffer.
Rev1: Comment acknowledged by the applicant. However, it appears the proposed
walls are too close to the required buffer to satisfy the condition of preliminary
approval. Additionally, there are retaining walls proposed within the areas labeled for
tree protection.
13. [Comment] In reference to the Engineering comment regarding the 2' required
overhang for 16' parking spaces, this area must be clear of all obstructions. It appears
that there are light poles proposed within the 2' overhang; the island area either needs
to be expanded or the light poles need to be relocated.
Please contact Ellie Ray in the Planning Division by using eroy @albemarle.org or 434 -296-
5832 ext. 3432 for further information.
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Engineering and Water Resources
The following comments related to engineering and water resources have been provided by
Michelle Roberge:
1) [Comment] Please provide curb and gutter for travelway behind bldg.
Rev1: Comment acknowledged by the applicant and will be addressed with the site
plan.
2) [Comment] In the middle section of parking lot, please provide 9' x 18' parking stalls.
Rev1: Applicant acknowledged comment and stated that parking with 2' overhang will
be addressed with the site plan. The applicant claims the 2' overhang will be
unobstructed by the retaining wall. It will be difficult to achieve exactly 1' width
retaining wall. In addition, three (3) proposed light poles will obstruct the 2' overhang.
I recommend the applicant resolve this issue prior to SP approval since it may impact
parking spaces.
3) [Comment] Please address the runoff north of site for the quality and quantity criteria.
Rev1: Comment acknowledged by the applicant and will be addressed with the site
plan.
For further information, please contact Michelle Roberge in the Engineering Department
mroberge @albemarle.org or 434 - 296 -5832 ext. 3458.
Entrance Corridor
The following comments related to the Entrance Corridor Design Guidelines have been
provided by Margaret Maliszewski:
The quantity and location of display parking spaces has changed since the ARB review of
the plan. Updated ARB advisory comments should be obtained prior to PC review. The
revised plan has been placed on the ARB's consent agenda for April 15, 2013. If
alternate or additional comments result from this ARB review, we will provide those
comments to you by April 17.
VDOT
The following comments related to VDOT requirements have been provided by Joel Denunzio:
The plan is all off the Route 29 right of way and the needed improvements for this area
were already constructed with the bank site and Route 29 plan. The one item I do
notice on this plan is the 24 foot access easement does not appear to go all the way to
parcel TM -45 -110, it looks to be about 50 feet short of it. The signalized intersection
with Route 29 is the access for both these sites and should be set up that way.
ASCA /RWSA
The following comments were provided by Alexander Morrison with the Albemarle County
Service Authority:
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I am hereby approving the special use permit. ACSA will review the final site plan when
available. The ACSA will require fixture counts at that time to size the proposed water
meter. Also, ACSA access to the existing wastewater pump station (east of the proposed
buildings) must be maintained.
SP Conditions
At this point in the review process, we anticipate that recommended conditions of approval for
the Special Use Permit will include those conditions recommended by the Architectural Review
Board.
Action after Receipt of Comments
After you have read this letter, please take one of the actions below:
(1) Resubmit in response to review comments on a Resubmittal Monday -- Schedule is
attached and can be found at this address:
http: / /www.albemarle.org /upload /images /forms center /departments /Community Dev
elopment /forms /schedules /Special Use Permit & Zoning Map Amendment Schedul
e.pdf
(2) Request indefinite deferral
(3) Request that a Planning Commission public hearing date be set
(4) Withdraw your application
If you choose to resubmit, be aware that a fee of $1,000 is required with your resubmittal.
Please use the form provided with this letter.
If you choose to go directly to public hearing, payment of the following fees is needed a
minimum of twenty -one (21) days before the Commission's scheduled public hearing:
$ 167.60 Cost for newspaper advertisement
212.22 Cost for notification of adjoining owners
$ 379.82 Total amount due prior to Planning Commission public hearing
Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for
the Board hearing needed.
$ 167.60 Additional amount due prior to Board of Supervisors public hearing
$ 547.42 Total amount for all notifications
Notification of adjoining owners and an associated fee are not needed unless a deferral takes
place and adjoining owners need to be notified of a new date. Fees may be paid in advance and
a payment for both the Planning Commission and Board of Supervisors public hearings may be
paid at the same time.
Page 5 Revised 4 -25 -11 eke
Please feel free to contact me if you wish to meet or need additional information. My email
address is mmaliszewski @albemarle.org.
Sincerely,
Margaret Maliszewski
Principal Planner, Planning
cc: Bob Anderson, Little Rhino Studio, PO Box 2257, Charlottesville VA 22902
First Gold Leaf Land Trust, PO Box 1333, Charlottesville VA 22902
enc: Action After Receipt of Comments
Resubmittal Schedule
Resubmittal Form
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DEPARTMENT OF COMMUNITY DEVELOPMENT
ACTION AFTER RECEIPT OF COMMENT LETTER
Within 30 days of the date of this letter, please do one of the following:
(1) Resubmit in response to review comments
(2) Request indefinite deferral
(3) Request that your Planning Commission public hearing date be set
(4) Withdraw your application
(1) Resubmittal in Response to Review Comments
If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a
resubmittal date as published in the project review schedule. The full resubmittal schedule may
be found at www.albemarle.org in the "forms" section at the Community Development page.
Be sure to include the resubmittal form on the last page of your comment letter with your
submittal.
The application fee which you paid covers staff review of the initial submittal and one
resubmittal. Each subsequent resubmittal requires an additional fee. (See attached Fee
Schedule.)
(2) Request Indefinite Deferral
If you plan to resubmit after 30 days from the date of the comment letter, you need to request
an indefinite deferral. Please provide a written request and state your justification for
requesting the deferral. (Indefinite deferral means that you intend to resubmit /request a
public hearing be set with the Planning Commission after the 30 day period.)
(3) Request Planning Commission Public Hearing Date be Set
At this time, you may schedule a public hearing with the Planning Commission. However, we
do not advise that you go directly to public hearing if staff has identified issues in need of
resolution that can be addressed with a resubmittal.
After outstanding issues have been resolved and /or when you are ready to request a public
hearing, staff will set your public hearing date for the Planning Commission in accordance with
Page 7 Revised 4 -25 -11 eke
the Planning Commission's published schedule and as mutually agreed by you and the County.
The staff report and recommendation will be based on the latest information provided by you
with your initial submittal or resubmittal. Please remember that all resubmittals must be made
on or before a resubmittal date.
By no later than twenty -one (21) days before the Planning Commission's public hearing, a
newspaper advertisement fee and an adjoining owner notification fee must be paid. (See
attached Fee Schedule) Your comment letter will contain the actual fees you need to pay.
Payment for an additional newspaper advertisement is also required twenty -two (22) days prior
to the Board of Supervisors public hearing. These dates are provided on the attached Legal Ad
Payments for Public Hearings form.
Please be advised that, once a public hearing has been advertised, only one deferral prior to the
Planning Commission's public hearing will be allowed during the life of the application. The
only exception to this rule will be extraordinary circumstances, such as a major change in the
project proposal by the applicant or more issues identified by staff that have not previously
been brought to the applicant's attention. As always, an applicant may request deferral at the
Planning Commission meeting.
(4) Withdraw Your Application
If at any time you wish to withdraw your application, please provide your request in writing.
Failure to Respond
If we have not received a response from you within 30 days, we will contact you again. At that
time, you will be given 10 days to do one of the following: a) request withdrawal of your
application, b) request deferral of your application to a specific Planning Commission date as
mutually agreed to with staff, or c) request indefinite deferral and state your justification for
requesting the deferral. If none of these choices is made within 10 days, staff will schedule
your application for a public hearing based on the information provided with your original
submittal or the latest submittal staff received on a resubmittal date.
Fee Payment
Fees may be paid in cash or by check and 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.
Page 8 Revised 4 -25 -11 eke
FEE SCHEDULE FOR ZONING APPLICATIONS
A.
For a special use permit:
1.
Additional lots under section 10.5.2.1; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
2.
Public utilities; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
3.
Day care center; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
4.
Home occupation Class B; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
5.
5. Amend existing special use permit; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
6.
Extend existing special use permit; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
7.
All other special use permits; application and first resubmission
Fee............................................................................ ............................... ......................$2,000.00
Each additional resubmittal ........................................................... ...............................
$1,000.00
8.
Deferral of scheduled public hearing at applicant's request
Fee............................................................................. ............................... ........................$180.00
B.
For amendment to text of zoning ordinance:
Fee...................................................................................
............................... .......................$1000.00
C.
Amendment to the zoning map:
1.
Less than 50 acres; application and first resubmission
Fee............................................................................ ............................... ......................$2,500.00
2.
Less than 50 acres; each additional resubmission
Fee............................................................................ ............................... ......................$1,250.00
3.
50 acres or greater; application and first resubmission
Fee............................................................................ ............................... ......................$3,500.00
4.
50 acres or greater; each additional resubmission
Fee............................................................................ ............................... ......................$1,750.00
5.
Deferral of scheduled public hearing at applicant's request
Fee............................................................................. ............................... ........................$180.00
D.
Board of Zoning Appeals:
1.
Request for a variance or sign special use permit
Fee............................................................................. ............................... ........................$500.00
2.
For other appeals to the board of zoning appeals (including appeals of zoning administrator's
decision) —
Fee (to be refunded if the decision of the zoning administrator is overturned) .......$240.00
N.
Required notice:
1.
Preparing and mailing or delivering up to fifty (50) notices:
Fee............................................................................. ............................... ........................$200.00
plus the
actual cost of first class postage
2.
Preparing and mailing or delivering, per notice more than fifty (50):
Fee............................................................................... ............................... ..........................$1.00
plus the
actual cost of first class postage
3.
Published notice:
Fee.............................................................................. ............................... .........................Actual
cost
Page
9
Revised 4 -25 -11
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Legal Ad Payments for Public Hearings
TEIIT.x.TI`r'E 11{19 }2012
Planning Commission Public Hearing Board of Supervisors Public Hearing P. 9 of 9
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Page 10 Revised 4 -25 -11 eke
2013 Submittal and Review Schedule
Special Use Permits and Zoning Map Amendments
Resubmittal Schedule
Written Comments and Earliest Planning Commission Public Hearing'
Resubrnittal Dates
Commerrtsto
applicant for decision
on whether to
proceed to Public
Hearing *
Legal Ad Deadline
and Decision for
Public Hearing **
Planning
Commission Public
Hearing
No sooner than*
Monday
lAkcinesday
Monday
Tuesday
Nov 5 2012
Dec 5 2012
Dec 17 2012
Jan 8
Nov 19 2012
Dec 19 2012
Jan 7
Jan 29
Dec 3 2012
Jan 2
Jan I
Jan
Dec 17 2012
Jan 16
Feb 4
Feb 26
Jan 07
Feb 5
Feb 11
Mar 5
ue im 22
Feb
e 13 2t)
7ar
Feb 4
Marti
Mar 18
A r9
TueFeb 19
Mar 20
Apr 1
Apr 23
Mar4
Apr3
pr 15
May
Mar18
Apr 17
A r29
May 21
Apr 1
May 1
May 13
Jun 4
Apr1t
May 15
7ay I
Jun
May 6
Jun 5
Jun 24
Jul 16
May 20
Jun 19
Jun 24
Jul 16
Jun
u
u
Jul 30
Jun 17
Jul 17
Jul 29
Auq 20
Jul 1
Jul 31
Aug 19
Sep 10
Jul
ug 14
Aug 19
Sep
Auq 5
Sep 4
Sep 16
Oct 8
Aug 19
Sep 18
Sep 30
Oct 22
ue Sep 3
Oct 2
Oct
rnr
Se 16
Oct 16
Oct 28
Nov 19
Oct 7
Nov 6
Nov 18
Dec 10
Oct
ov
Nov 25
Dec
Nov 4
Dec 4
Dec 23
Jan 14 2014
Nov 18
Dec 18
Jan 6 2014
Jan 28 2014
Dec 2
Jan 1 2014
Jan 6 2014
Jan 28 2014
Dec 16
1 Jan 15 2014
Feb 3 2014
Feb 25 2014
Lames shown in Rains are chwges &e fiv a boa W haWgf
* The reviewing planner v,ill contact applicant to discuss comments of reviewers and advise that changes
that are needed are significant enough to vtiarrart an additional submittal or advise that the the project is
ready for a public hearing. If oranges needed are minor, the planner Wll advise that the project go to public
hearing.
** The legal ad deadline is the last date A vAch an applicart can decide vrhetherto resubmit or go to
public hearing. If an applicart decides to go to public hearing against the advice of the reviev%ing planner, a
recom m endation for denial will lik ely result. General ly, the applicant Wil will have only one opportunity to
defer the PC public hearing for the project once it has been advertised for public hearing. Additional
deferrals will not be allowed except in e)draordinary ci rcunstances such as a major change inthe project
proposal by the applicant or more issues identified by staff that have not previously been brought to the
applicant's attenti an.
Page 11 Revised 4 -25 -11 eke
FOR O C E L: KE (MLY 3P * u l.U;
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Re of information for Special Use Permit or
Zoning 'Map Amendmeni
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