HomeMy WebLinkAboutSP201400004 Review Comments Special Use Permit 2014-04-01•
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
April 1, 2014
Justin Shimp, PE
Shimp Engineering PC
201 E. Main Street, Suite M
Charlottesville, VA 22902
RE: SP 2014 - 00004: Bojangles Rest. @ Pantops, Request for Drive through window .
Dear Mr. Shimp:
Staff has reviewed your initial submittal for the above - referenced application for a drive -thru. 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. 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 land use designation for this property is Urban Mixed Use in Urban Neighborhood 3- Pantops.
Urban Mixed Use — Uses allowed in this designation include retail, commercial services, office,
and a mix of residential types with density of 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 based on
the plans submitted, the travelways and paths located on the site will be neighborhood friendly,
inclusive of various landscaping. Buildings of human scale will need to be addressed by the
Architectural Review Board in their upcoming preliminary review of this proposal and the ARB
will continue to address this issue during site plan review.
1. The narrative submitted does not include the public need or benefit of special use permit
request, nor does it provide the consistency with the comprehensive plan, including the land
use plan and the master plan for the applicable development area. This information needs to
be included in the narrative.
2. There are approved plans for this site that show a slightly different layout for parking. This
revised plan will serve as an update to the concept plan.
3. More detail needs to be provided on the plan in reference to the drive -thru. Show the
location of the drive thru windows (i.e. menu station and pick -up window).
Zonin
The following comments related to zoning issues have been provided by Francis MacCall:
1. Please clarify where the menu order board is on. the plan to verify that stacking spaces
are adequate.
2. The plan notes 52 parking spaces being demolished and 26 new spaces. It is not clear
where all of the 52 spaces being removed are. With the plans provided only 49 spaces
appear to be demolished. 49 would not necessitate the need for a waiver
for a reduction of 1 space.
Engineering and Water Resources
The following comments related to engineering and water resources have been provided by Glenn
Brooks:
1. This proposal is for a drive- through design which wraps around the building. It allows
bypass and has the required stacking (from Zoning Ordinance section 4.12.6). It does not
have the minimum lane width required by 4.12.17c, which is 12 feet. It proposes 10.5 feet.
For this reason, this plan cannot be recommended for approval.
2. The provision of the ordinance not to impede required parking, pedestrian or vehicular
access aisles has been addressed by a one -way circulation pattern which reduces the aisle
width. The one -way circulation pattern comes with some inconveniences. Normally, a 20 -24
foot aisle is provided with a two -way circulation pattern, allowing more freedom of
movement and use of both entrances. The proposed pattern will require limiting the
entrances to an egress only and ingress only. It will further force pedestrians to weave
through the drive - through queue from most parking areas.
Architectural Review Board:
The following comments related to ARB issues have been provided by Margaret Maliszewski:
1. The ARB will review this proposal on April 7, 2014. ARB comments will be provided after
that meeting. Staff s recommendations to the ARB will be available approximately one week
prior to that date.
VDOT
Comments provided by Troy Austin from VDOT are attached.
Fire/Rescue
There were no objections.
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 concept plan and whatever issues may come out of the
upcoming Architectural Review Board meeting. Additional information will be. forthcoming
regarding SP conditions.
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
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:
$102.05 Cost for newspaper advertisement
200.00 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner
after 50 adjoining owners)
$302.05 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.
$102.05 Additional amount due prior to Board of Supervisors public hearing
$404.10 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
ccgrant@albemarle.org .
Sincerely,
Claudette Grant
Senior Planner, Community Development Department
cc: Rivanna Ridge Charlottesville, LLC
1385 Hancock Street
Quincy MA 02169
enc: Action After Receipt of Comment Letter
Resubmittal Schedule
Resubmittal Form
VDOT comment letter
DEPARTMENT OF COMMUNITY DEVELOPMENT
U� - 9LrTJ
� �'II�GINIP
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 I of 6 Revised 4 -25 -I1 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 anytime 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 2 of 6 Revised 4 -25 -11 eke
FEE SCHEDULE FOR ZONING APPLICATIONS
A. For a special use permit:
5. Amend existing special use permit; application and first resubmission
1.
Additional lots under section 10.5.2.1; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ..............................I ........................$500.00
Eachadditional resubmittal ....................................... ............................... ........................$500.00
Extend existing special use permit; application and first resubmission
2.
Public utilities; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Fee............................................................................ ............................... ......................$1,000.00
Eachadditional resubmittal ....................................... ............................... ........................$500.00
7.
Each additional resubmittal ....................................... ............................... ........................$500.00
3.
-Day care center; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
$1,000.00
8.
Each additional resubmittal ....................................... ............................... ........................$500.00
4.
Home occupation Class B; application and first resubmission
B. For amendment to text of zoning ordinance:
Fee............................................................................. ............................... ......................$1,000.00
............................... .......................$1000.00
Each additional resubmittal ................................. ............................... ........................$500.00
5.
5. Amend existing special use permit; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ..............................I ........................$500.00
6.
Extend existing special use permit; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Eachadditional 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 3 of 6 Revised 4 -25 -11 eke
2014 Submittal and Review Schedule
Special Use Permits and Zoning Map Amendments
Resubmittal Schedule
Written Comments and Earliest
Planning Commission
Public Hearing*
Resubmittal
Dates
Comments to
applicant for
decision on whether
to proceed to Public
Hearing *
Request for PC
Public Hearing,
Legal Ad
Payment Due'**
Planning Commission
Public Hearing
No sooner than*
COB Auditorium
Monday
Wednesday
Monday
Tuesday
.
4 °2013:
Dec 4 , ..
_ xDec23 13'
20Nov
Jan 14
'!Nov .18 <20 <13
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Jan 06
Jan 28
Dec "2,2013
T,ue Decs'31.20.13
Jan 06
Jan 28
t "Dec_16" 2Q1,3
Jan 15
Feb 03
Feb 25
Jan 06
Feb 05
Feb 10
Mar 04
Tue Jan 21
Feb 19
Feb 24
Mar 18
Feb 03
Mar 05
Mar 10
Apr 01
Tue Feb 18
Mar 19
Mar 31
Apr 22
Mai-03
Apr 02
Apr 14
May 06
Mar 17
Apr 16
Apr 28
May 20
Apr 07
May 07
May 12
Jun 03
Apr 21
May 21
May 26
Jun 17
May 05
Jun 04
Jun 23
Jul 15
May 19
Jun 18
Jun 23
Jul 15
Jun 02
Jul 02
Jul 07
Jul 29
Jun 16
Jul 16
Jul 28
Aug 19
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Aug 06
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Sep 23
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Sep 15
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Oct 01
Oct 13
Nov 04
Sep 15
Oct 15
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Oct 06
Nov 05
Nov 17
Dec 09
Oct 20
Nov 19
Nov 24
Dec 16
Nov 03
Dec 03
Dec 22
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Nov 17
Dec 17
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Dec 01
Dec 31
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Dec 15
'-,,° Jan 514:2015;;<
4Feb2 20 =1,5
r •,web 242015 a�` ;;
;rJan .Q'5'2015'
,s fir; F.,eb 4`201'5 -.,.
Marf2 201165 ;
` Mara24 201'5'
Bold italics = submittal /meeting day is different due to a holiday.
Dates,withzshaded .lbadkgr,,ound� are not 2014- , , , . °:. 's `.. •. , .. -;;, ` r. x ' s 3 .'r
2015 dates are tentative.
* The reviewing planner will contact applicant to discuss comments of reviewers and advise that changes that are
needed are significant enough to warrant an additional submittal or advise that the the project is ready for a public
hearing. If changes needed are minor, the planner will advise that the project go to public hearing.
** The legal ad deadline is the last date at which an applicant can decide whether to resubmit or go to public hearing. If
an applicant decides to go to public hearing against the advice of the reviewing planner, a recommendation for denial
will likely result. Generally, the applicant will 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 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.
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FOR OFFICE USE ONLY SP # or ZMA #
Fee Amount $ Date Paid By who?
Receipt # Ck# By:
.C' °t nt.�,i
Resubmittal of information for Special Use Permit or -lt H
�.. >.. A-,rf
Zoning Map Amendment �/kC�N1P
PROJECT NUMBER:''po20►q —6(0004 PROJECT NAME: D - LZ:I� S Lreg err(, i�.p
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❑ Resubmittal Fee is Required El D
Per Request �J Y' - I esubmittal Fee is Not Required
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Community Development Project Coordinator
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Signature Date
�"T
U4i rt i rn
Name of Applicant Phone Number
Signature
FEES
Date
Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000
First resubmission
FREE
❑ Each additional resubmission
$500
3
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Resubmittal fees for original Special Use Permit fee of $2,000
❑ First resubmission
FREE
❑ Each. additional resubmission
$! 1,000
?St i?S1; .g- -g �iF F1" rn�i yi uCS S: iL.7,SFrtt f`$1'6 y+Si 'lr L 'v�e'i �YATF !`�S N4� \T {w'fe.. :%.Y Pik} 44 y1 M1w. 5." r`? YC. ..� .:✓�w.. RH
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Resubmittal fees for original Zoning Map Amendment fee of $2,500
❑ First resubmission
FREE
❑ Each additional resubmission
$1,250
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Resubmittal fees for original Zoning Map Amendment fee of $3,500
❑ First resubmission
FREE
❑ Each additional resubmission
$1,750
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❑ Deferral of scheduled public hearing at applicant's request — Add'1 notice fees will be required
$180
To be Daid after staff review for public notice_:
Most applications for Special Use Permits and Zoning Map Amendment require at least one public hearing by the Planning Commission
and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing
a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice
are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be
provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body.
MAKE CHECKS TO COUNTY OF ALBEMARLE/PAYMENT AT COMMUNITY DEVELOPMENT COUNTER
i Preparing and mailing or delivering up to fifty (50) notices
$200 + actual cost of first -class postage
i Preparing and mailing or delivering each notice after fifty (50)
$1.00 for each additional notice +actual
cost of first -class postage
Legal advertisement (published twice in the newspaper for each public hearin g)
_ .
Actual cost
(minimum of $280 for total of 4 publications)
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126
6/7/2011 Paae l of 1
� 444YLLLLYY
COM.,MONWEALTH.of VIRGINIA
DEPARTMENT. OF TRANSPORTATION
1601 Orange Road
Culpeper, Virginia 22701
Charles A. Kilpatrick, P.E,
Commissioner
March 11, 2014
Ms. Claudette Grant
Senior Planner
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Re: SP -2014 -00004 Bojangles Restaurant at Pantops
Dear Ms. Grant:
We have reviewed the special use permit application plan for Bojangles' Restaurant at Pantops
dated February 18, 2014 as submitted by Shimp Engineering, P.C. and offer the following
comments:
1. VDOT has no objection to the proposed use as submitted provided that the proposed use
is consistent with the use that was identified in the TIA for this development.
Confirmation should be provided for review.
If you need additional information concerning this project, please feel free to contact me.
Sincerely,
'
Troy Austin, P.E.
Area Land Use Engineer
Culpeper District
WE KEEP VIRGINIA MOVING