HomeMy WebLinkAboutSP201300020 Review Comments Special Use Permit 2013-12-04COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 229024596
Phone (434) 296 -5832 Fax (434) 972 -4176
December 4, 2013
Greg Dodd
Horton & Dodd, P.C.
300 George Washington Hwy. N.
Chesapeake, VA 23323
RE: SP 2013 -20: Chick -fil -A Drive -thru ( Pantops)
Dear Mr. Dodd:
Staff has reviewed your initial submittal for the above - referenced application for a drive -thru window. We
have a number of comments on your proposal. Some of the comments identify issues that will need to be
addressed with your future site plan submittal, but the bypass lane issue is one that would need to be
addressed with a revised plan before we can recommend approval of the Special Use Permit. Of the
comments that will require resolution with the site plan, the closing of N. Pantops Drive (See the VDOT and
Zoning comments) is particularly significant. We recommend that you continue to pursue this issue now
(don't wait until you begin the site plan process) to better ensure a satisfactory and timely solution. Our
comments are listed below.
Planning
Comments on conformity with the Comprehensive Plan are provided to the Planning Commission and Board
of Supervisors as part of the staff report. Initial comments on how your proposal generally relates to the
Comprehensive Plan are provided here:
The Pantops Master Plan shows this area as urban mixed use in Neighborhood 3. This designation
includes retail, commercial service, office, and a mix of residential types (6.01 -34 units /acre). The
proposed use is similar in type and scale to the designated uses and to other such established uses in
the immediate area.
Although the scope of a drive -thru request is somewhat limited for full consideration of
Neighborhood Model principles, the proposal does provide interconnected sidewalks and streets, and
relegated parking. Buildings of human scale have been addressed by the Architectural Review Board
in their preliminary review of this proposal and the ARB will continue to address this issue during
site plan review.
Zonine
The following comments related to zoning matters have been provided by Ron Higgins:
1. The proposed parking of 63 spaces is sufficient at the 1 space /1,300 Sq Ft. standard for restaurants.
2. The applicant is requesting a drive -in facility that would accommodate 20 spaces in the que aisle(s)
with no bypass aisle. The County Engineer will have to determine whether the bypass aisle is
deemed necessary (Sec 4.12.17 c. 2. (a)) and the BOS will have to approve the modification if
deemed necessary.
3. While the county code requires a minimum of five (5) stacking spaces in drive - through lanes and no
maximum, they are providing twenty (20). Their own data indicates an average of six (6) stacking
spaces needed. Therefore, it is recommended that they eliminate one of the split stacking lanes in
order to accommodate the bypass lane and avoid the excessive "storage" of vehicles.
4. The proposal to construct the "private road" out to align with State Farm Boulevard poses a
distance issue between the new road and the private road to the immediate West. The Luxor
Commercial rezoning (ZMA200400012) proffers a closing of that road to the West "at such time as a
public road interconnection is made between the Route 250 /State Farm Boulevard (Route 1117)
intersection and the two lane road... "(the road to the West). While the distance issue is still there
even if the new connection is private, it is still a potential safety concern. We are researching the
Luxor proffers further to see if that closure is actually triggered by the new road connection.
Engineering and Water Resources
The following comments related to engineering and water resources have been provided by Michelle
Roberge:
Comments are based on plan submitted on Oct 21,2013.
1) A bypass lane is required due to our ordinance, but here are some of my reasons as to why it is a
good concept. The actual entrance and exit is a one lane travelway. A bypass lane can provide
an additional lane for unforseen contingencies: drivers' changing their minds, for emergency
purposes, a car breaks down, etc. Furthermore, the speaker post is 145' from the entrance which
allows up to 12 cars to queue before placing an order. There is no space to bypass if the reasons
previously mentioned arise. The bypass lane can be achieved by shifting the site to the north and
converting the lane furthest to the south to a bypass lane. I do not see a good justification for the
removal of the bypass as it is a benefit for safety and better manueverablity onsite.
2) The NW entrance is too close to N. Pantops Drive. Please show 50' spacing at a minimum. This
is measured between the two curb radii. Another option is to show this entrance off N. Pantops
Drive with enough distance from the drive thru lane.
Architectural Review Board:
The ARB has reviewed the subject request for conformance with the Entrance Corridor Design Guidelines
and forwarded a recommendation of "no objection" to the Planning Commission for the drive -thru use. The
full text of the ARB's action is copied below. Please note that the ARB's recommendation is based on the
appearance of the development as illustrated in the plans they reviewed. Changes to the plan (including those
resulting from requirements of other reviewing agencies) could result in revised ARB requirements.
The following comments were provided by the ARB at their August 19, 2013 review of the proposal:
Regarding , the Special Use Permit, the Board by a vote of 4:0, forwarded the following
recommendation to the Planning Commission:
The ARB has no objection to the drive -thru use given the revised plan presented on 8/19/13
showing two drive- through lanes and no bypass lane. The benefit of this configuration is that
the visual impact of the site retaining wall is minimized and a continuous 7' minimum
utility -free and easement -free planting area is created between the retaining wall and the EC.
Size and quantity of landscaping will likely be required to exceed EC Guideline minimums
to mitigate visual impacts of the use and related features of the development.
Regarding the Preliminary Site Plan Board made the following comments and suggestions for
the benefit of the applicant's next submittal.
1. Develop further detailing, consistent with the established design language, at the top of the wall
and roof edge.
2. Provide details on the drive -thru canopies, their green- screen end supports, and the plants
intended to grow on the green screens.
3. Provide a treatment for the mechanical, meter and service doors to eliminate the "back of
building" appearance.
4. Include the equipment visibility note on the site and architectural drawings: "Visibility of all
mechanical equipment from the Entrance Corridor shall be eliminated."
5. Provide a dumpster enclosure detail on the plan.
6. Provide the reflectance value of the window glass. Indicate on the drawings where the frosted
glass is proposed.
Landscaping
7. Provide a complete plant schedule for review.
8. Revise the plant symbols for greater clarity.
9. Provide large shade trees 3' /z" caliper at planting, 35' on center, along the EC frontage, outside
of utilities and easements.
10. Provide interspersed ornamental trees along the EC frontage, outside of utilities and easements.
11. Increase the variety of shrubs provided, particularly along the retaining wall. Limit the number
of proposed plants for any one species to 25% of the total proposed for that plant type (tree or
shrub).
12. Eliminate one of the drive -thru lanes or the bypass lanes to increase planting area.
13. Increase the landscaping to offset the impacts of the size and prominence of the retaining wall.
14. Provide plants and sufficient planting area at the base of the retaining wall in the area east of the
proposed building.
15. Plant trees, 2' /z" caliper at planting, at least 40' on center, along the east side of the entrance
drive and on the west side of the entrance drive at its north end. Show evidence of grading and
planting easements.
16. Ensure that the perimeter parking lot tree spacing and size requirements are met with on -site
trees.
17. Add the following note to the landscape plan: "All site plantings of trees and shrubs shall be
allowed to reach, and be maintained at, mature height; the topping of trees is prohibited. Shrubs
and trees shall be pruned minimally and only to support the overall health of the plant."
Retaining Walls
18. Revise the site design to significantly reduce the height of the on -site retaining wall and to
provide sufficient utility -free planting area to meet the EC Guidelines and to offset negative
visual impacts, or terrace the wall and provide trees and shrubs at the base and terraces.
19. Provide plants and sufficient planting area at the base of the retaining wall in the area east of the
building.
20. Provide top of wall and bottom of wall elevations for both retaining walls.
21. Provide details and indicate the material and color of the retaining walls and railings and provide
samples.
Signs
22. Note that separate applications are required for signs and the freestanding sign location can't be
approved with the site plan; it can only be approved with the sign application.
VDOT
Comments provided by Troy Austin from VDOT are attached.
ASCA/RW SA
The following comments were provided by Alexander Morrison for the ACSA:
The Albemarle County Service Authority (ACSA) has received and reviewed the plan/document/
project described above. All ACSA comments have been addressed by the applicant. The ACSA
hereby approves the plan/document/project described above.
The following comments were provided by Victoria Fort for the RWSA:
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: None Known
Fire/Rescue
The following comments were provided by Robbie Gilmer:
Based on plans dated 6/6/13
1. Install a minimum of 1 hydrant within 400 ft of the store front.
2. Fire Flow test required prior to approval. Inform the fire offical the type of construction to be used
to determine the required fire flow.
SP Conditions
At this point in the review process, we anticipate that recommended conditions of approval for the Special
Use Permit will relate to the need for a bypass lane and the need for landscaping to satisify conditions of the
Architectural Review Board.
Action after Receipt of Comments
After you have read this letter, please take one of the actions identified on "Action After Receipt of
Comment Letter" which is attached.
Resubmittal
If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal. The
resubmittal date schedule is provided for your convenience.
Notification and Advertisement Fees
Recently, the Board of Supervisors amended the zoning ordinance to require that applicants pay for the
notification costs for public hearings. Prior to scheduling a public hearing with the Planning Commission,
payment of the following fees is needed:
$149.20 Cost for newspaper advertisement
200.00 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner after 50
adjoining owners)
$349.20 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.
$149.20 Additional amount due prior to Board of Supervisors public hearing
$498.40 Total amount for all notifications Fees maybe paid in advance. Payment for both the Planning
Commission and Board of Supervisors public hearings may be paid at the same time.
Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be
notified of a new date.
Feel free to contact me if you wish to meet or need additional information. My email address is
mmaliszewskigalbemarle.org .
Sincerely,
Margaret Maliszewski
Principal Planner, Planning
cc: Corven D & Katie H. Flynn, 338 South Keswick Drive, Troy, VA 22974
enc: Action After Receipt of Comment Letter
Resubmittal Schedule
Resubmittal Form
VDOT comment letter
DEPARTMENT OF COMMUNITY DEVELOPMENT
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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 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.
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
.............................................. ............................... 500.00
Each additional resubmittal ................. $
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
Eachadditional 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
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2013 Submittal and Review Schedule
Special Use Permits and Zoning Map Amendments
Resubmittal Schedule
Written Comments and Earliest Planning Commission Public Hearing'
Resubmittal Dates
Co mments to
applicant for decision
on whether to
proceed to Public
Hearing
Legal Ad Deadline
and Decision for
Public Hearing xx
Planning
Commission Public
Hearing
No so one r th an*
Monday
Wednesday
Monday
Tuesday
Nov 5 2012
Dec 5 2012
Dec 17 2012
Jan 8
Nov 192012
Dec 192012
Jan 7
Jan 29
Dec
an 1
Jan
an
Dec 17 2012
Jan 16
Feb 4
Feb 26
Jan 07
Feb 5
Feb 11
Mar 5
[me JTa7 22
Feb
eb 2b
Mar
Feb4
Mar6
Mar 18
A r9
TueFeb 19
Mar 20
Apr 1
Apr 23
ar
pr ,i
Apr
May
Mar18
Apr 17
A r29
May 21
Apr 1
May 1
May 13
Jun 4
Apr
ay 15
May 27
Jun
May 6
Jun 5
Jun 24
Jul 16
May 20
Jun 19
Jun 24
Jul 16
Jun
ul03
Jul 8
Jul
Jun 17
Jul 17
Jul 29
Auci 20
Jul 1
Jul 31
Aug 19
Sep 10
Jullb
Aug 14
Aug
'ep
Aug 5
Sep 4
Sep 16
Oct 8
Aug 19
Sep 18
Sep 30
Oct 22
ue Sep 3
Oct 1
Oct 21
Nov
Se 16
Oct 16
Oct 28
Nov 19
Oct 7
Nov 6
Nov 18
Dec 10
0021
Nov 20
Nov 2b
Dec17
Nov 4
Dec 4
Dec 23
Jan 14 2014
Nov 18
Dec 18
Jan 6 2014
Jan 28 2014
Dec 2
Jan 12014
Jan 6 2014
Jan 28 2014
Dec 16
1 Jan 15 2014 1
Feb 3 2014
Feb 25 2014
Dates skown hr 1-Wes are chw9es dare 65 a Gwiltyhoww
The reviewing planner %411 contact applicant to discuss comments of reviewers and advisethat changes
that are needed are significant enough to warrart an additional submittal or advise that the the project is
ready for a public hearing. If changes needed are minor, the planner 41 advisethat the project goto public
hearing.
xx The legal ad deadline isthe last date at vAch an applicant can decide %ohetherto resubmit or go to
public hearing. If an applicant decidesto goto public hearing against the advice ofthe revievvng planner, a
recommendation for denial vA likely result. Generally, the applicant wtll will have only one opportunityto
defer the PC public hearing forthe project once it has been advertised for public hearing. Additional
deferrals Wil not be allowed except in extraordinary circumstances such as major change inthe project
proposal by the applicant or more issues identified by staff that have not previously been brought to the
app icant's attenti on.
10
Resubmittal of information for Special Use Permit or � �,
Zoning Nlap Amendment
PROJECT 1'04BER: M"N1300402 PROJECT INAME: Price Hrnadai Outdoor Sales.'Starare'DisvIsy
Z Resubmittal Fee is Required Z Per Request X Resubmittal Fee is loot Required
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;:asp unit;; D��?le�pap�ct Fraj =ct4.aordinato3 :tiaQ� of Appli ant Phone *;usLber
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4.1 FEES
Resubaa ttal fees for Special Use Permit — original Sped al Use Pusrdt fee of 51,404
X Firtsesubmission FREE
:3 Eachadditicnalfaubmiiaian $?+3ID
Resubmittal fees for original Special Use Permit fee of $2,000
:1 Firtsvubflisiian I ME
Z Each aidditiona- ]:tiubmissian 31;3.00
Resubmittal fees for original Zoning Map Amendment fee of S2 500
• FiTsi vaubsasiian ME
• Each additional faaubmkiirin
Resubmittal fees for original Zoning Map Amendment fee of S3.500
M Firs raubmi sign FREE
M Each additional reoubmii ;sion
Z) Deferral of scheduled public hearing at applicant's request- AAanotice fees zTill be required $ 130
To be vaid after staff review for yublir notice:
Most applications farSpecial Use Permits and Laing Map Amendment require at least one public hearing by the Planamg Commission
and one public hearing by the Hoard of Supentors. Virginia State Code requires that notice for public hearings be made be publishing
a legal sihwiisenint in the nemaperand bsmailingletters to adjacent property- ociners. Therefore, at lost ttto fees for public,once
are required before a Zoning Map Amendnmt maybe heard b} the Hoard of Supmisars. The total fee tbr pubfisn atice wffl be
provided to the applicant sfttr the final cost is determined and mutt be paid before the application is heard by a public body.
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"MMONWEALTH of VIR(;INIA
DEPARTMENT OF TRANSPORTATION
160 1 0'wve' Rod
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Gtogwy A,. Whirley
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Nov=bcr 22, 2013
Ms. Margaret Maliszewski
Principal Planner
County of Albemarle
Department of Community Development
401 McIntire Road
Charlones-ville, VA 22902
Re: SP20114)0020 Chick-Fil-A (Parttop4)
bear Ms. Malisrewski.
We have re-viewed the Layout Plan (Option 1) for Chid: -1 iIA dated 6164.3 as submitted by
Horton & Dodd, P,(.', with the special use permit re4utst for a drive-in window and offer the
follo-%ing comments:
L The internal site roadway will be privately owned and maintained.
2, The new roadway connection to Route 2511 will need to comp-5y with current Acccu
Mat wigemcnt Spacing regulations. As such, the connection of N. Pantops Drive to Route
250 nmd.,; to be rot oved- If this connection cannot N removed, an AM- I exception
request wiltneed to be applied !of, As Route 2.50 in this area is a principal arter4l, there
needs to be compelling and documented justification provided for the spacing exception.
If you need additional information concerning this project, picasc f=1 free to contact nit,
Sincerely,
TIn Austin 'Troy Aust P1,
Area Land Use Engineer
Culpeper District
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