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Home My WebLink AboutSP201300020 Staff Report 2014-01-09AL�� q IRGINZ� ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP2013 -00020 Chick -fil -A (Pantops) Staff: Margaret Maliszewski, Principal Planner Drive -thru Window Planning Commission Public Hearing: January 14, Board of Supervisors Hearing: TBA 2014 Owner(s): Corven D. & Katie H. Flynn Applicant(s): Chick- fil -A, Matthew Stellmaker Acreage: 1.4 acres Rezone from: Not applicable Special Use Permit for: Section 24.2.2(12) Highway Commercial, Permitted Uses, by Special Use Permit TMP: Tax Map 78 Parcel 55A2 By -right use: HC, Highway Commercial Location: 1626 Richmond Road, on the north side of Route 250, across from State Farm Blvd. Magisterial District: Rivanna Proffers /Conditions: Yes Requested # of Dwelling Units /Lots: not applicable DA- X RA - Proposal: Request for a special use permit to Comp. Plan Designation: Urban mixed use — establish a drive -thru window associated with a retail, commercial services, office, and a mix of fast food restaurant residential types Character of Property: The property contains the Use of Surrounding Properties: The area is building previously occupied by Aunt Sarah's characterized by a mix of commercial and Pancake House and its related site improvements. residential development. Factors Favorable: Factors Unfavorable: 1. The ARB has completed a preliminary review of 1. A bypass lane has not been provided and this proposal and had no objection to the Engineering staff has determined that one is proposed use. needed. 2. There is no conflict anticipated between vehicles stacked in the drive -thru lanes and vehicles in the parking lot or off -site traffic. Recommendation: Based on findings presented in the staff report, staff recommends approval with conditions. SP201300020 — Chick -fil -A (Pantops) Drive -thru Window Planning Commission: January 14, 2014 Page 1 STAFF CONTACT: Margaret Maliszewski, Principal Planner PLANNING COMMISSION: January 14, 2014 BOARD OF SUPERVISORS: TBD PETITION: PROJECT: Request for a special use permit to establish a drive -thru window associated with a fast food restaurant ZONING: HC Highway Commercial — commercial and service; residential by special use permit (15 units /acre); EC Entrance Corridor — overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access SECTION: 24.2.2(12) Highway Commercial, Permitted Uses, by Special Use Permit COMPREHENSIVE PLAN: Urban mixed use — retail, commercial services, office, and a mix of residential types (6.01 -34 units /acre) LOCATION: 1626 Richmond Road, on the north side of Route 250, across from State Farm Blvd. TAX MAP /PARCEL: 078000000055A2 MAGISTERIAL DISTRICT: Rivanna CHARACTER OF THE AREA: The property contains the building previously occupied by Aunt Sarah's Pancake House and its related site improvements. The surrounding area (see Attachment A) is characterized by a mix of commercial and residential development. The Luxor commercial development and a drug store with a drive -thru window is located to the west. The Pavilions townhouse development is located to the north /northwest. Office buildings are located to the east. The Westminster Canterbury development is located to the northeast. Banks with drive -thru windows are located across Rt. 250 to the south. PLANNING AND ZONING HISTORY: This property was first subdivided in 1968 (SUB -494: Charles W. Hurt). In 1969 the Board of Supervisors approved an application (SDP -336: Spectrum East Site Plan) for a restaurant with retail sale of beer and dancing on the site, and the Planning Commission approved the corresponding site plan for a "restaurant and dance hall located on Pantops Mountain" in May of that year. In August of 2013 the ARB reviewed a preliminary plan for the current proposal. The ARB's action is included as Attachment B. DETAILS OF THE PROPOSAL: The applicant proposes to build a Chick -fil -A fast food restaurant with a drive -thru window and associated drive -thru lanes. The proposed restaurant is a by -right use in the HC zoning district. Only the installation of the drive -thru requires the Special Use Permit. The proposed layout is described as an "isolated drive - thru" which separates the drive -thru functions (on the east, south and west sides of the building) from the parking lot and its vehicular access aisles, and from pedestrian circulation (all on the north side of the building). Vehicles enter the drive -thru system from the parking lot on the west side of the building. Vehicles divide into two order lanes approximately 50' from the drive -thru entrance. After placing orders at the ordering stations on the south side of the building, vehicles merge to a single lane, then proceed to the pick -up window located on the east side of the building. After pick -up, vehicles return to the parking lot. The proposed drive -thru layout includes no bypass lane. See Attachments C, D and E for the proposed site layout, grading and landscaping plans. ANALYSIS OF THE SPECIAL USE PERMIT REQUEST Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall reasonably consider the following factors when reviewing and acting upon an application for a special use permit: SP201300020 — Chick -fil -A ( Pantops) Drive -thru Window Planning Commission: January 14, 2014 Page 2 No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots. The proposed travelways and interparcel connections will extend from State Farm Blvd. northward along the east side of the subject parcel, and continue the extension westward to connect to the circle at Rolkin Road located behind the Luxor development. A connection would also be provided from the State Farm Blvd. extension to the offices located to the east of the subject parcel. These proposed road connections are expected to improve traffic flow in the immediate area. The proposed on -site layout is expected to accommodate all stacking movements on site. Due to the location of the drive - thru lanes, circulation is such that drive -thru traffic is not expected to delay off -site traffic and, therefore, is not expected to negatively impact adjacent property. Character of district unchanged. The character of the district will not be changed by the aroaosed special use. The drive -thru use is well - established in the immediate area. Drive -thru windows and lanes are found at the Rite -Aid pharmacy, UVA Community Credit Union, Guaranty Bank, Department of Motor Vehicles, Liberty gas station, and First Citizens Bank. The Chick -fil -A proposal differs from these established uses in two main ways: 1) the drive -thru lanes are prominently located on the street side of the building, and 2) two order lanes are proposed with no bypass lane. The ARB has completed a preliminary review of the proposal and determined that the location of the drive -thru lanes is sufficiently mitigated by the proposed landscaping, the treatment of the topography and retaining walls, and the building design. (See Attachment B.) With a design meeting the Entrance Corridor design guidelines, and consistent with the design already reviewed by the ARB, the character of the district is not expected to change with the proposed use. Should a bypass lane be required as recommended by Engineering staff, ARB staff believes that impacts of such a design can still be mitigated to the satisfaction of the ARB. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter, The HC zoning district is established to permit development of commercial establishments oriented to major highways in urban areas. A fast food restaurant with a drive -thru window is highway oriented and would be of service to the Pantops community. It is also intended that the HC district provide for sites with adequate frontage and depth to permit controlled access to public streets. VDOT has recommended the closure of N. Pantops Drive if State Farm Blvd. is to be extended as currently illustrated. The applicant has agreed to include this work in the Chick -fil -A proposal and is working with the Luxor property owners to coordinate the work, which would result in suitable access from the public street. As the issue is not specifically tied to the drive - thru window request, its final resolution can be handled with the site development plan that is required for the proposal. ...with the uses permitted by right in the district Eating establishments, fast food restaurants, and financial institutions are among the uses permitted by right in the HC zoning district. Drive -thru windows are common with these uses and are present throughout the district. A drive -thru window at this site is expected to be in harmony with other by -right uses in the district. ...with the regulations provided in section 5 as applicable, SP201300020 — Chick -fil -A ( Pantops) Drive -thru Window Planning Commission: January 14, 2014 Page 3 There are no supplemental regulations in section 5 applicable to this use. ...and with the public health, safety and general welfare. Drive -thru windows require a special use permit due to concerns regarding access, circulation, and traffic volumes. Zoning Ordinance section 4.12.17.c.2(a) allows the county engineer to require a bypass lane when necessary based on travelway length, nature of the land use, and internal traffic circulation. Historically, the county has required bypass lanes for drive -thru windows associated with fast food restaurants. Engineering staff has reviewed the Chick -fil -A request for a drive -thru window and has determined that a bypass lane is required for safety and better on -site maneuverability (due to vehicle break - downs, emergencies, and other needs to leave the queue). Zoning Ordinance section 4.12.2.c allows for modification or waiver of the bypass lane requirement if the proposed modification would equally or better serve the public health, safety or welfare. The applicant has requested a waiver of the requirement based on the "isolated drive -thru" layout and the average time spent in the drive -thru lane. The "isolated drive -thru" is intended to increase safety on site by segregating drive -thru traffic from the parking lot and from pedestrian traffic. The applicant explains that safety in the drive -thru is not an issue because, on average, six vehicles stack in the drive -thru lane and vehicles spend only 203.88 seconds there (based on a Quick Service Restaurant magazine study). The layout plan shows the maximum number of vehicles that can fit in the drive -thru lanes, from entry point to order stations, is 14. (See Attachment F for the full text of the applicant's waiver request.) Design Planning staff believes it is possible to accommodate a bypass lane and meet the Entrance Corridor standards, but notes that major changes to the layout that impact the character and /or appearance of landscaping, retaining walls and /or building design could alter the ARB's recommendation on the proposed plan and use. Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive Plan. The Comprehensive Plan designates this property for Urban Mixed Use, which encourages a mix of retail, commercial services, office and a variety of residential types. The Pantops Master Plan includes this site in the Luxor/Westminster Canterbury mixed use neighborhood, which it identifies as an emerging Community Center. From Pantops Mountain Road west, the plan calls for an urban streetscape with building orientation to Route 250. The proposed Chick -fil -A building is oriented parallel to Rt. 250, but the building entrance does not face Rt. 250. The entrance is located on the north side of the building. The Entrance Corridor design guidelines state that buildings fronting Entrance Corridor streets should be oriented parallel to the corridor. The ARB has completed a preliminary review of this proposal and had no objection to the building orientation, based on the building design, grading, retaining wall design and landscaping proposed. With the proposal as illustrated, the use is considered consistent with the Comprehensive Plan. SUMMARY: Staff has identified factors which are favorable and unfavorable to this proposal: Factors favorable to this request include: 1. The ARB has completed a preliminary review of this proposal and had no objection to the proposed drive -thru use. 2. There is no conflict anticipated between vehicles stacked in the drive -thru lanes and vehicles in the parking lot or off -site traffic. SP201300020 — Chick -fil -A ( Pantops) Drive -thru Window Planning Commission: January 14, 2014 Page 4 Factors unfavorable to this request include: 1. A bypass lane has not been provided and Engineering staff has determined that one is needed to meet safety and on -site maneuverability issues. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of SP 2013 -20 Chick -fil -A (Pantops) Drive -thru with the following conditions: 1. Development and use shall be in general accord with the following plans prepared by Horton & Dodd, PC: Sheet C -2.0 "Layout Plan Option 1 6- 25 -13" dated 6/6/13 (hereafter "Layout Plan "), Sheet L -1.0 "Landscape Plan" dated 10/14/13 (hereafter "Landscape Plan "), and Sheet C -3.0 "Grading and Drainage Plan" dated 7/5/13, as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the specified plans, development and use shall reflect the following major elements as shown on the plans: • Building location, orientation and mass • Relationship of drive -thru lanes to the building and the parking lot • Location and general character of landscaping • Relationship of retaining walls to the building and landscaping Minor modifications to the plan to accommodate condition #3, and that do not otherwise conflict with the elements listed above, may be made to ensure compliance with the Zoning Ordinance. 2. Drive -thru windows shall be limited to one (1). 3. A bypass lane shall be provided for the drive -thru window, the full length of the drive -thru lane and the bypass lane, subject to county engineer approval. 4. The applicant is responsible for installation and maintenance of control devices including but not limited to signage and pavement markings at the entrance and exit points of the drive -thru lanes, subject to county engineer approval to ensure appropriate and safe travel patterns. 5. The use shall not commence prior to the issuance of a Certificate of Appropriateness by the Architectural Review Board. 6. The use shall commence on or before [date two years from Board approval] or the permit shall expire and be of no effect. Motions: Special Use Permit A. Should the Planning Commission choose to recommend approval of this special use permit: I move to recommend approval of SP 20130020 Chick -fil -A (Pantops) Drive -thru with the conditions outlined in the staff report. B. Should the Planning Commission choose to recommend denial of this special use permit: I move to recommend denial of SP 20130020 Chick -fil -A (Pantops) Drive -thru because a bypass lane is not provided but one is required for safety and on -site maneuverability. SP201300020 — Chick -fil -A (Pantops) Drive -thru Window Planning Commission: January 14, 2014 Page 5 Waiver A. Should the Plannina Commission choose to recommend approval of the waiver reauest: I move to recommend approval of the waiver of the bypass lane requirement associated with SP 20130020 Chick -fil -A (Pantops) Drive -thru. B. Should the Plannina Commission choose to recommend denial of the waiver reauest: I move to recommend denial of the waiver of the bypass lane requirement associated with SP 20130020 Chick -fil -A (Pantops) Drive -thru because a bypass lane is not provided but one is required for safety and on -site maneuverability. ATTAC H M E N Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F TS — Area Map — ARB Action Letter — Layout Plan — Landscape Plan — Grading Plan — Waiver Request SP201300020 — Chick -fil -A (Pantops) Drive -thru Window Planning Commission: January 14, 2014 Page 6