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HomeMy WebLinkAboutSDP201400063 Resolution 2015-01-15i RESOLUTION WHEREAS, Rivanna Ridge Charlottesville, LLC is the owner of Tax Map and Parcel Number 07800- 00- 00 -073A2 (the "Property "); and WHEREAS, Albemarle County Code § 18- 4.12.17(c)(2) requires that one -way access aisles be 12 feet in width; and WHEREAS, Wilgo Bo Pantops, LLC filed a request for a special exception in conjunction with SDP 2014 - 00063, Bojangles at Rivanna Ridge, to allow an 11- foot -wide one -way access aisle for the drive - through window as depicted on the pending site plan for the property under review by the County's Department of Community Development. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the executive summary prepared in conjunction with the application, the supporting analysis included in the executive summary, and all of the factors relevant to the special exception in Albemarle County Code §18- 4.12.2(c)(2), the Albemarle County Board of Supervisors hereby approves the special exception to allow an 11- foot -wide one -way access aisle for the drive - through window. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on December 3, 2014. Clerk,. Board f C unty Supervisors_ _ Ave Nay Mr. Boyd Y Ms. Dittmar Y Ms. Mallek Y Ms. McKee) Y Ms. Palmer Y Mr. Sheffield Y COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SDP201400063 Bojangles at Rivanna Ridge SUBJECT /PROPOSAL /REQU EST: Adoption of a Resolution approving a special exception for waiver of minimum width requirement for one -way access aisle STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, Cilimberg, Benish, Ray PRESENTER (S): N/A LEGAL REVIEW: AGENDA DATE: December 3, 2014 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The applicant proposes to construct a 3,808 square fast food restaurant with associated parking and access aisles at RivannaRidge Shopping Center on Pantops (Attachment A). This fast food restaurant includes a drive - through window, which was approved under SP201400004. County Code §18- 4.12.17(c)(2) requires that one -way access aisles be 12 feet in width. The applicant proposes an 11- foot -wide drive- through lane and has requested a waiver from the 12 -foot width requirement for the one -way drive - through lane. STRATEGIC PLAN: Development Areas: Attract quality employment, commercial, and high density residential uses into development areas by providing services and infrastructure that encourage redevelopment and private investment while protecting the quality of neighborhoods. Economic Prosperity: Foster an environment that stimulates diversified job creation, capital investments, and tax revenues that support community goals. DISCUSSION: County Code § 18- 4.12.2(c)(2) allows the design requirements of County Code § 18- 4.12.17 to be waived by special exception upon considering whether the proposed waiver would equally or better serve the public health, safety, or welfare. The applicant's justification for the waiver request includes: the proposed layout has the 11- foot -wide drive through lanes adjacent to and running in the same direction as 16- foot -wide one -way parking aisles on each side of the building, which eliminates the hazard of having the drive - through aisle adjacent to opposing traffic; 9- foot -wide parallel parking spaces would be allowed by the County Code adjacent to the 16- foot -wide parking aisles; Bojangles' new store construction guidelines allow for 10.5- foot -wide drive - through aisles. The ARB expressed support for a travelway width of as little as 10.5 feet during the Special Permit process (Attachment B). According to the applicant, this proposed layout is safer than a standard 12- foot -wide drive - through aisle adjacent to a 24- foot -wide two -way parking aisle. The County engineer has reviewed the plan and the request for the special exception and has no objection to the waiver. Staff opinion is that the design of the drive - through aisle would equally or better. serve the public health, safety, and welfare. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution (Attachment C) approving -the. special exception to allow an 11- foot -wide one -way access aisle for the drive - through window. ATTACHMENTS: A. Major Site Plan Amendment Layout B. Waiver request from applicant C Rcenliifinn Return to consent agenda Return to regular agenda