HomeMy WebLinkAboutSP201500007 Review Comments Special Use Permit 2015-03-04gun -.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4176
March 4, 2015
Marcia Joseph
481 Clarks Tract
Keswick, VA 22947
RE: SP2015 -00007 All Saints Chapel — Special Use Permit
Ms. Joseph:
Staff has reviewed your initial submittal for the request of a church expansion of an existing non
conforming use in the Village Residential Zoning District of the County. We have a number of
items /comments which we believe should be resolved before your proposal goes to public
hearing. We would be glad to meet with you to discuss these issues further.
All comments from all reviewers are provided in this letter, however the major issues that will
need to be addressed before moving forward to the Planning Commission are listed below. Our
largest concerns are the entrance location, parking lot layout, septic system location and how
these elements might affect the development of the site. Many of these concerns show up in the
comments for the initial site plan as it is being utilized as a concept plan with the Special Use
Permit. Below I have provided the major elements /concerns that should be addressed with a
resubmittal:
1. The proposed entrance will need to meet the minimum design requirements for a
Moderate Volume Commercial Entrance. See appendix F of the VDOT Road Design
Manual. I.E. Minimum entrance /exit radius is 25' rather than 15' as shown. (VDOT — SP
comment)
2. Adequate intersection sight distance will need to be verified. (VDOT — SP comment)
3. Drainage shall be considered in the design of the entrance grades and along the right of
way at the entrance. The Maximum grade for a commercial entrance is 8 %. (VDOT — SP
comment)
4. VDOT would like the owner to contribute 25' of road frontage to be dedicated as right of
way. (VDOT — SP comment)
5. A maintenance of traffic plan will be required. (VDOT — SP comment)
6. Show on the plan existing trees to be retained or new trees to be planted to meet frontage
requirements west of the western fence /fence post. (ARB — Initial Site Plan/Concept Plan
comment)
7. Revise the plan to show 3 additional trees (existing to be retained or new to be planted)
along the south and east sides of the parking lot to meet the perimeter parking lot
requirement. (ARB — Initial Site Plan/Concept Plan comment)
8. Revise the plan to show the existing fence posts. Include a note on the plan indicating
except for repair and maintenance of the fence where there is no substantial change in
design, and except for renovation of the fence to accommodate a gate to provide access
from the parking area to the existing front entrance of the chapel where the gate design is
compatible with the fence design, the fence and its end posts shall be retained without
change. (ARB — Initial Site' Plan /Concept Plan comment)
9. Reconfigure the entrance drive and parking to reduce clearing and paving in close
proximity to the EC. (ARB — Initial Site Plan/Concept Plan comment)
10. Side and rear setbacks shall be commercial setback standards, as set forth in Section
21.7(b) of the Albemarle Zoning Ordinance, and shall be maintained adjacent to
residential uses or residentially zoned properties. Front yard setbacks associated with
parking shall be commercial setback standards, as set forth in Section 21.7(a) of the
Albemarle Zoning Ordinance. (Planning — SP comment)
11. Is the current proposed location of the septic site being relocated? Or is it to remain as
currently proposed? If it is to be relocated staff requests the initial site plan/ concept plan
be revised to depict it's revised location. (Planning — SP comment)
Below I have provided all of the comments which staff received from reviewers. Our comments are
provided below:
Planning (Christopher P. Perez)
1. [Comment] I am requesting a revision to the initial site plan/concept plan to address the
major concerns mentioned above. Such as the entrance location, parking lot layout, septic
system location and how these elements might affect the development of the site.
2. [Comment] Also, is the current proposed location of the septic site being relocated? Or is
it to remain as currently proposed? If it is to be relocated staff requests the initial site
plan/ concept plan be revised to depict it's revised location.
3. [18 -21.7] Commercial Setbacks. This is a Non - Residential /Commercial Use in the
Residential (VR) zoning district. Howevere, the setbacks which should be applied to the
site should be of commercial standards to the following extent: Side and rear setbacks
shall be commercial setback standards, as set forth in Section 21.7(b) of the Albemarle
Zoning Ordinance, and shall be maintained adjacent to residential uses or residentially
zoned properties. Front yard setbacks associated with parking shall be commercial
setback standards, as set forth in Section 21.7(a) of the Albemarle Zoning Ordinance.
When the concept plan/site plan is revised assure Commerical Setbacks are listed or.
visually depicted on the plan. This shall also be a condition of the Special Use Permit.
Below are comments which have been provided from the other Departments which
reviewed the proposal.
Architectural Review Board Planner (Margaret Maleszewski)
The ARB meeting for the project took place on March 2, 2015. A formal action memo or letter
has yet to be prepared but is forthcoming. Below I offer the following regarding the Special Use
Permit:
Motion: Mr. Missel made a motion that the ARB forward the following recommendation to the
Planning Commission and Board of Supervisors regarding ARB- 2015 -12, All Saint's Chapel.
The ARB has no objection to the request for the Special Use Permit with the following
conditions:
1. Materials and colors of the addition shall be compatible with the materials and colors of
the historic chapel.
2. Except for repair and maintenance of the fence where there is no substantial change in
design, and except for renovation of the" fence to accommodate a gate to provide access
from the parking area to the existing front entrance of the chapel where the gate design is
compatible in form and materials with the fence design, the fence and its end posts shall
be retained without change.
Mr. Lebo seconded the motion.
The motion carried by a vote of 4:0.
Zonin (Francis MacCall)
1. The analysis of the parking spaces provided by the applicant is sufficient for use that currently
exists and for the expansion of the social hall. If additional parking is needed they should be
able to work out a parking agreement with the school and any pedestrian access to the church
from the school parking lots should be made part of the concept plan.
2. Standard church conditions should apply, including the appropriate "general accord" with
major elements condition.
3. Zoning has no issue with the site plain exception request.
4. Extension of the time to commence the use beyond the standard 24 months may be necessary.
VDOT (Shelly Plaster)
1. The proposed entrance will need to meet the minimum design requirements for a
Moderate Volume Commercial Entrance. See appendix F of the VDOT Road Design
Manual. I.E. Minimum entrance /exit radius is 25' rather than 15' as shown.
2. Adequate intersection sight distance will need to be verified.
3. Drainage shall be considered in the design of the entrance grades and along the right of
way at the entrance. The Maximum grade for a commercial entrance is 8 %. .
4. VDOT would like the owner to contribute 25' of road frontage to be dedicated as right of
way.
5. A maintenance of traffic plan will be required.
Virginia Department of Health (Joshua Virtley)
1. I've reviewed the above mentioned application and things look pretty good. The applicant
included soils work in their submittal showing the proposed sewage disposal system and well.
have no major issues with the work as submitted. Please note that it doesn't appear that we've
received the plans nor that we've issued the permit to install either the septic system or well.
Just wanted to throw that out there because I don't want the applicant to think that the SP
approval is the same as the VDH approval. Please inform the applicant of this observation.
Building Inspections (Jay Schlothauer )
No objections
Fire and Rescue (Robbie Gilmer)
No objections
Engineering (Michelle Roberge)
No objections
Below staff has provided recommended conditions for the Special Use Permit. Additional or modified
conditions may be warranted once the requested revisions are made.
Anticipated SP Conditions
1. Development and use shall be in general accord with the conceptual plan titled
"Special Use Permit " prepared by and dated _ (hereafter "Conceptual
Plan"), as determined by the Director of Planning and the Zoning Administrator. To be
in accord with the Conceptual Plan, development and use shall reflect the following
major elements within the development essential to the design of the development, as
shown on the Conceptual Plan:
• limits of disturbance
• building orientation
• building mass, shape, and height
• location of buildings and structures
• location ofparking areas
• relation of buildings and parking to the street
Minor modifications to the plan which do not conflict with the elements above may be made
to ensure compliance with the Zoning Ordinance.
2. The area of assembly shall be limited to a maximum 1,300 square feet.
3. Side and rear setbacks shall be commercial setback standards, as set forth in Section
21.7(b) of the Albemarle Zoning Ordinance, and shall be maintained adjacent to residential
uses or residentially zoned properties. Front yard setbacks associated with parking shall be
commercial setback standards, as set forth in Section 21.7(a) of the Albemarle Zoning
Ordinance.
4. There shall be no day care center or private school on site without approval of a separate
special use permit;
5. VDOT approval of commercial entrance.
6. Virginia Department of Health approval of well and/or septic system
7. Materials and colors of the addition shall be compatible with the materials and colors of
the historic chapel.
8. Except for repair and maintenance of the fence where there is no substantial change in
design, and except for renovation of the fence to accommodate a gate to provide access from
the parking area to the existing front entrance of the chapel where the gate design is
compatible in form and materials with the fence design, the fence and its end posts shall be
retained without change.
9. New construction shall not commence prior to approval of the final site plan.
End ofAnticipated 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
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:
$134.80 Cost for newspaper advertisement
$200.00 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per
owner after 50 adjoining owners)
$334.80 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.
$134.80 Additional amount due prior to Board of Supervisors public hearing
$469.60 Total amount for all notifications Fees may be 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
cperez@albemarle.org.
Sincerely,
C P. Perez
Senior Planner
enc: Action After Receipt of Comments
Resubmittal Form
DEPARTMENT OF COMMUNITY DEVELOPMENT
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 resubmittal schedule for 2015
is not complete yet, staff will forward them once they are complete. The remaining 2014 dates
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.
�'IRGINLP
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
Eachadditional resubmittal ....................................... ............................... ........................$500.00
2.
Public utilities; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Each additional resubmittal ....................................... ............................... ........................$500.00
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
Eachadditional 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
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
FOR OFFICE UsL ONLY SP # or ZMA. #
Fee Amount Date Paid •BVwho?
Receipt# • Ck# By.
Resubmittal of information for -Special Use Permit or
Zoning Map Amendment
PROJECT NUMBER ; PROJECT NAME::
D
Resubmittal Feels Required 12 Per Request ,�' Resubmittal Fee is Not Required
ChristopberF. Pere l ' �' l �rC �•(✓L_ S
Community ev tproject Coordinator
Name of Applicant Phone Number -
a
Date. Signature
Date
Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000
0 First resubmission -
❑ Each additional resubmission -$500
,. X• - . aW77 i • .
f %yr.
f 1.10005M—NEW
r RMS
Resubmittal fees for original Special Use Permit fee of $2,000
Firstresubmission
FREE
❑- Each additional resubmission $1,000
-,
MEN tt��{���!j�j,���{'py�. �7 vacs hC±n�m1as+�xa a���a,�r
':.y 'Vcl4' "S,!lTilfl� MINIMUM ti 4i14Q•
e ..L_IV f
Resubmittal fees for original Zoning Map Amendment fee of $2,500
❑ Firstresubmission FREE
❑ Each additionalresubmission $1;250
�n yy�rr• J4rT5��7CikVSF9Y3{ANyye4
- r���
Resubmittal fees for original Zoning Map Amendment fee of 53,500
❑ Firstresubmission .
FREE
❑ Each idditicnalresubmission
+1':J••M i �Q�% ��j7�T .lHiA.�•���{'f4Alu•...��p,O, F�'t '-'�1 ','. �IIS���1�IF*�i�
$ryy1�,750
"if�,iRf��r.. �m?i
-J
n ,, ,re. _7 „' �nhpdnled mihlic hearing at apttlicant's requeit —: Add'1 notice fees will be required
To be paid 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.Ieast 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.
MAIX CHECKS TO COUNTY OF ALBEMARLEIi'AYMENT AT COMMUNITY DFI%LOPMENT COUNTER
Preparing and mailing or delivering up to fifty (50) notices
• $200+actual cost of first -class postage
$1.00 for each additional notice+ actual
)> . Preparing and mailing or delivering each notice after fifty (50) cost of arst -class postage
_ . -.. .. .... Actual cost
Legal advertisement (published twice in the newspaper for each public hearing) (minimum of $280 for total of 4 ublications)
County of Albemarle Department of Community Development
401 Mchatire Road Charlottesville, VA 22902'Voice: (434) 296 -5832 Fax: (434) 972 -4126
6/7/2011 Page I of 1
2015 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
an
Jan-05
'Dec
_ue D
- �J�n.p�
fJan'27
ec15
Jan
Feb _
Feb
05
i--Fe -04---
e -09
ar 03
jue-ja-n,20—
Feb 1
Feb 23
Mar
Feb 0
_----Mar 04-'
6
Apr 07
e Feb
/Mar 18
Mar 30
pr-21
ar 02------
pr 13
May 05
Mar 16
Apr 15
Apr 27
May 19
Apr 06
May 06
May 11
Jun 02
Apr 20
May 20
May 25
Jun 16
May 04
Jun 03
Jun 22
Jul 14
May 18
Jun 17
Jun 22
Jul 14
Jun 01
Jul 01
Jul 06
Jul 28
Jun 15
Jul 15
Jul 27
Aug 18
Jul 06
Aug 05
Aug 10
Sep 01
Jul 20
Aug 19
Tue Sep 01
Sep 22
Aug 03
Sep 02
Sep 14
Oct 06
Aug 17
Sep 16
Sep 28
Oct 20
Tue Sep 01
Sep 30
Oct 19
Nov 10
Sep 14
Oct 14
Oct 26
Nov 17
Oct 05
Nov 04
Nov 16
Dec 08
Oct 19
Nov 18
Nov 23
Dec 15
Nov 02
Dec 02
Dec 21,
Jan
Nov 16
Dec 16
Dec 21h
§a.: r.J,an "12,270 ' 16,
Dec 07
Jan 06
n1 2-Q1,'6 , ,.
"'MW 6,F 20116 ,��
Dec 21
.lan,.2,Qa2®`1`6x °zs
Feb':01. 2016...
� Feb 23 20176
Jan 04`20,1,6
j iWg 1661'0:3 201[60
Feb!08�201{6
Bold italics = submittal/meeting day is different due to a holiday,
Dates - 'ith,shaded background
2016 dates are tentative.
* The reviewing planner will contact applicant to discuss comments of reviewers and advise that changes tnat 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.