HomeMy WebLinkAboutSP201400004 Staff Report 2014-05-06ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP2014 -00004 Bojangles
Staff: Claudette Grant, Senior Planner
Restaurant @ Pantops, request for Drive -thru
Window
Planning Commission Public Hearing: May 6,
Board of Supervisors Hearing: To be determined.
2014
Owner(s): Rivanna Ridge Charlottesville, LLC
Applicant(s): Wilgo Bo Pantops, LLC
Acreage: .75 acres
Special Use Permit for: Drive -Thru window
permitted under Section (s) 22.2.2 (10) Commercial,
23.2.2 (5) Commercial Office, and 24.2.2(12)
Highway Commercial, by Special Use Permit
TMP: 07800- 00- 00 -073A2
By -right use: PD -MC, allows large -scale
Location: 2005 Abbey Road, on the south side of
commercial uses and residential by special use
Route 250 in the Rivanna Ridge Shopping Center
permit at a density of 15 units /acre.
(See Attachments A and B)
Magisterial District: Rivanna
Proffers /Conditions: Yes
Requested # of Dwelling Units /Lots: Not
DA (Development Area): Neighborhood 3 - Pantops
Applicable
Proposal: Request for a special use permit
Comp. Plan Designation: Urban mixed use —
to establish a drive -thru window associated
retail, commercial services, office, and a mix of
with a fast food restaurant. (Attachment C)
residential types (6.01 — 34 units /acre)
Character of Property: The subject property is an
Use of Surrounding Properties: The area is
undeveloped pad located between Applebee's
characterized by a mix of commercial and
Restaurant and First Citizens Bank in the Rivanna
residential development.
Ridge Shopping Center.
Factors Favorable:
Factors Unfavorable:
1. The ARB has completed a preliminary review
1. No Unfavorable factors
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.
Recommendation: Staff recommends approval of SP 2014 -00004 Bojangles Restaurant @ Pantops for
Drive -thru window with conditions.
SP201400004 — Bojangles Restaurant @ Pantops Drive -thru Window
Planning Commission: May 6, 2014
Page 1
STAFF CONTACT:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Claudette Grant, Senior Planner
May 6, 2014
TBD
PETITION:
PROJECT: SP201400004 /Bojangles Restaurant @ Pantops - Drive -Thru
MAGISTERIAL DISTRICT: Rivanna
TAX MAP /PARCEL: 07800- 00- 00 -073A2
LOCATION: 2005 Abbey Road, on the south side of Route 250 in the Rivanna Ridge Shopping Center
PROPOSAL: Request for a special use permit to establish a drive -thru window associated with a fast
food restaurant on .75 acres under Section (s) 22.2.2 (10) Commercial, 23.2.2 (5) Commercial Office,
and 24.2.2(12) Highway Commercial, Permitted Uses, by Special Use Permit of Zoning Ordinance.
ZONING: PD -MC Planned Development Mixed Commercial which allows large -scale commercial uses
and residential by special use permit at a density of 15 units /acre.
ENTRANCE CORRIDOR: Yes
COMPREHENSIVE PLAN: Urban Mixed Use — retail, commercial services, office, and a mix of
residential types (6.01 — 34 units /acre) in DA — Neighborhood 3 — Pantops.
CHARACTER OF THE AREA:
The property contains three pad sites, two developed and one undeveloped. This proposal is located on
the undeveloped middle pad site. First Citizens Bank is located just to the east of the subject site and
Applebee's Restaurant is located to the west. This property is located in the Rivanna Ridge Shopping
Center. The surrounding area (See Attachment A) is characterized by a mix of commercial and
residential development. The Mountain Top Montessori School is located across U.S. Route 250
(Richmond Road) to the north /northeast. SunTrust Bank is located to the west and the Giant
supermarket along with a mix of other commercial and retail uses are located within the Rivanna Ridge
Shopping Center to the south. A variety of uses inclusive of drive -thru windows are located in the
surrounding area.
PLANNING AND ZONING HISTORY:
This property is a portion of the Rivanna Ridge Shopping Center and also fronts on an Entrance Corridor
(Rt. 250). A variety of site plans and Architectural Review Board (ARB) reviews have been approved for
the shopping center and this property in particular. SDP2003 -00052 was a final site plan that was
approved for a restaurant, fast food restaurant and bank. SP200200070 was approved for a bank drive -
thru window and SP200200076 was approved for a different fast food restaurant drive -thru window in the
same location as this subject request, which has since expired. This special use permit request (SP2014-
00004) is a revised request for the expired SP. More recently SDP200700070 was approved on August
16, 2007 for the adjacent First Citizens Bank.
DETAILS OF THE PROPOSAL:
The applicant proposes to build a Bojangles fast food restaurant with a drive -thru window and associated
drive -thru lane. The proposed restaurant is a by -right use in the PD -MC zoning district. Only the
installation of the drive -thru requires the Special Use Permit. The applicant proposes to convert forty -
four (44) existing perpendicular parking spaces into twenty -two (22) angled parking spaces and 12
stacking spaces for the drive -thru window. Vehicles enter the drive -thru system from the travel aisle
located on the west side of the building. Vehicles line up in the order lane. After placing orders at the
drive -thru menu board located on the west side of the building, vehicles continue in a single lane,
proceeding to the drive -thru pick up window located on the east side of the building. After pick -up,
vehicles can either return to the parking lot or exit out of the property. The proposed drive -thru layout
provides for a bypass lane and also meets the minimum vehicle stacking requirement. (See Attachment
C- proposed site layout)
SP201400004 — Bojangles Restaurant @ Pantops Drive -thru Window
Planning Commission: May 6, 2014
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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:
No substantial detriment. The proposed special use will not be a substantial detriment to
adjacent lots.
There are two existing travelways at the northern and southern portions of this property that provide
connections internally and externally for the shopping center. 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 unchan_ped. The character of the district will not be changed by the
proposed 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, and adjacent First Citizens Bank. This proposed drive -thru does not appear to be any
different than other drive - thru's for similar uses. The ARB has completed a preliminary review of the
proposal and determined that the location of the drive -thru lane is sufficiently mitigated by the
proposed landscaping, the treatment of the topography, and the building design. (See Attachment C)
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.
Harmony. The proposed special use will be in harmony with the purpose and intent of this
chapter,
The PD -MC zoning district is established to permit large -scale commercial uses and residential by
special use permit at a density of 15 units /acre. A fast food restaurant with a drive -thru window is an
appropriate use in the PD -MC district and would be of service to the Pantops community.
...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 PD -MC 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,
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. The applicant shows a one way travelway heading west on the northern side of the
property parallel to U.S. Route 250. This small portion of the one way travelway has two way traffic
SP201400004 — Bojangles Restaurant @ Pantops Drive -thru Window
Planning Commission: May 6, 2014
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on the same road at the west and east side of the travelway. Staff finds this confusing for traffic
flowing through this area of the site and does not believe this was the original intent for this section of
travelway in the shopping center. The applicant feels this section needs to be one -way for additional
back up queuing space. He believes it is easier to direct the adjacent traffic for Applebee's and the
bank to the southern section of the site if the vehicle needs to access one of the adjacent businesses
and believes with the angled parking for the Bojangle's site, it is important to direct traffic in a
counter - clockwise circulation around the entire site. The applicant has indicated he will work with staff
during the site plan stage to resolve the circulation issue. A condition is included to address this
concern and ensure the two way travelway remain for all three businesses. Zoning Ordinance section
4.12.17.c.2 states the minimum travelway width for one -way access aisles shall be twelve (12) feet
with exceptions.....The applicant is proposing a drive -thru aisle width of eleven (11) feet, which would
require a waiver of the Zoning Ordinance requirement for a twelve (12) foot aisle width. The County
engineer is supportive of the applicant requesting this waiver, which will be processed as part of the
site development phase review.
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 Rivanna Ridge mixed use neighborhood, which it identifies as an area for
Neighborhood Services. There are opportunities in this neighborhood for future infill and enhanced
pocket parks to capture scenic views. Due to the topography and visibility in the Monticello viewshed,
care is needed with any infill or redevelopment of the neighborhood. The plan calls for establishing
blocks with the Rivanna Ridge Shopping Center to help create a street grid and better distribute traffic
on the south side of Route 250. The proposed Bojangles building is oriented perpendicular to Rt. 250
with traffic circulating around the building. Sidewalks are proposed to be located around the interior
and exterior of the site. With the proposal as shown on the plan, the use is considered consistent with
the Comprehensive Plan.
SUMMARY:
Staff has identified factors which are favorable to this proposal and has identified no unfavorable factors:
Factors favorable to this request include:
1. The ARB staff 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.
Factors unfavorable to this request include:
1. No unfavorable factors.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of SP 2014 -00004
Bojangles Restaurant @ Pantops for Drive -thru window with the following conditions (The conditions for
SP2002 -076 are shown for reference with strikethroughs :
1. The dFive thFeugh lanes shall be desigRed OR general aGGGrd with the imprevemeRts that aFe she
SheppiRgGenter ", last Tev sed OR aRwaFy 13, 2003; Development and use shall be in general
accord with the following revised plans prepared by Shimp Engineering, P.C. Sheet(s) 1 of 4 (cover
sheet) and 4 of 4 (Conceptual site layout), dated February 18, 2014, revised 4/14/14 (hereafter
SP201400004 — Bojangles Restaurant @ Pantops Drive -thru Window
Planning Commission: May 6, 2014
Page 4
"Layout Plan "), 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
Minor modifications to the plan that do not otherwise conflict with the elements listed above, may
be made to ensure compliance with the Zoning Ordinance.
2. The drive threugh shall be limited te a siRgle laRe that fGHOWS thFOUgh te the PiGk Up WiRdew and the
bypass IaRe ex erg o the se ,thorn marking Ir4•
3. SigRage and pavemeRt rnarkiRgS shall be provided at the eRtraRGe and both exit peiRtS of the drive
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patter S; 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.
paFkiRg
5. This site shall be subjeGt W the AFGhitetural Review Beapd's 'E;E;UaRGe Gf a QeFtifiGate'af
pprepriateRess; The use shall not commence prior to the issuance of a Certificate of
Appropriateness by the Architectural Review Board.
6.
determined by the RB. The use shall commence on or before [date two years from Board approval]
or the permit shall expire and be of no effect.
7. The PlaRtiRg GtFip IGGated to the east ef the dFive thFeuigh laRe shall be plated With evergreeR
crreeRiRg hoes• , and
8. The plaRtiRg StFip IGGated to west ef the drive through IaRe shall be plated with evergreeR SGreeRiRg
it ees aRrdier shade it G2S- iRd eVGFgr een shrc rb
S.
9. The northern most travelway located on the property parallel to U.S. Route 250 shall be a two -way
travelway for the entire portion of the property.
The following are the clean proposed conditions without strikethroughs:
1. Development and use shall be in general accord with the following revised plans prepared by
Shimp Engineering, P.C. Sheet(s) 1 of 4 (cover sheet) and 4 of 4 (Conceptual site layout), dated
February 18, 2014, revised 4/14/14 (hereafter "Layout Plan "), 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
Minor modifications to the plan that do not otherwise conflict with the elements listed above, may
be made to ensure compliance with the Zoning Ordinance.
2. 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.
3. The use shall not commence prior to the issuance of a Certificate of Appropriateness by the
Architectural Review Board.
4. The use shall commence on or before [date two years from Board approval] or the permit shall
expire and be of no effect.
SP201400004 — Bojangles Restaurant @ Pantops Drive -thru Window
Planning Commission: May 6, 2014
Page 5
5. The northern most travelway located on the property parallel to U.S. Route 250 shall be a two -
way travelway for the entire portion of the property.
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 201400004 Bojangles Restaurant @ Pantops for
Drive -thru window with the conditions outlined in the staff report.
B. Should the Plannina Commission choose to recommend denial of this soecial use permit:
I move to recommend denial of SP 201400004 Bojangles Restaurant @ Pantops for Drive -
thru window with reasons for denial.
ATTACHMENTS
Attachment A — Location Map
Attachment B — Tax Map
Attachment C — Application Plan
SP201400004 — Bojangles Restaurant @ Pantops Drive -thru Window
Planning Commission: May 6, 2014
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