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County of Albemarle
Department of Community Development
Memorandum
To: Bill Fritz, Chief of Current Planning
From: Ron Higgins, Chief of Zoning /Deputy Zoning Administrator
Division: Zoning Administration
Date: October 7, 2011
Subject: SDP2011 -063, Cracker Barrel Old Country Store Preliminary Site Plan — Official
Determination of Compliance with Proffer requiring "General Accord ".
I have carefully reviewed the Preliminary Site Development Plan for the Cracker Barrel Old Country
Store on Fifth Street @ I -64, dated September 15, 2011, as well as the "Application Plan ", dated January 8,
2002 and revised on April 2, 2002, which is referenced in the Proffers for ZMA 1999 -13. I have also reviewed
the staff reports, correspondence and minutes of the Planning Commission and Board of Supervisors involving
this property's rezoning to HC and the special permit (SP 1999 -59) for fill in the floodplain:
Whether the latest site plan is in general accord with the Application Plan for ZMA1999 -13:
I have concluded that the Preliminary Site Development Plan for the Cracker Barrel Old Country Store
on Fifth Street @ I -64, dated September 15, 2011, is not in general accord with the Application Plan, dated
January 8, 2002 and revised on April 2, 2002 as called for in proffer #1 of the Proffer Statement for ZMA 1999-
13 signed June 13, 2002. My reasons for this determination are as follows:
At the Planning Commission's initial public hearing on ZMA 1999-13 they recommended denial of
ZMA 1999-13 & SP 1999-59 in part because "the Entrance Corridor impacts need a plan that addresses
this (sic) with a "concrete proposal for layout of property" (June 5, 2001 PC minutes).
- -On June 20, 2001 the Board of Supervisors referred the ZMA & SP back to the Planning Commission
to address issues raised by the BOS and PC including Entrance Corridor impacts.
- -At the Planning Commission meeting of May 7, 2002 the staff reported to the commission that "the
applicant has proffered to bring the convenience store up to the setback line from 5th Street.
Additionally, the store will provide a fagade onto 5th Street and align the store parallel to 5th Street...
Furthermore, the concept plan also shows a landscape area adjacent to 5th Street." (May 7, 2002 PC
minutes).
- -The Board of Supervisors again heard the cases at their meeting of July 3, 2002 and approved both
applications as submitted with proffers and the new Application Plan showing one of the buildings at
the 5th Street setback line with a landscape area between it and the street. The second building is
shown toward the rear of the site, which has not changed in the latest preliminary sit plan.
- -It is clear from the record that major elements of the Application Plan included the building locations
and their relationship to the street, and the landscape area between the front building and the street.
Bill Fritz 2 October 7, 2011
I believe the current applicant's plan can be in general accord with the Application Plan if they move the
building up to the setback on 5th Street and provide the landscape area between it and 5th Street.
Also, unrelated to the general accord determination but worth noting, you should look at the parking
calculation numbers as they appear to have been added incorrectly and are over the 120% maximum permitted.
They show "98" where they should show "108 ", making the totals off correspondingly. With the addition of the
5 accessible spaces this totals 113 with 120% being 136. They are proposing 139. Finally, the proposed
retaining wall appears to be in the Floodway Fringe (e.g. bottom of wall @ 373' is below Floodplain elevation
of 384'). Section 30.3.05.2.2 #1 (referring back to 30.3.05.2.1 #5) requires a special use permit for this unless
one was anticipated in SP1999 -59.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this
notice, in accordance with Virginia Code § 15.2 -2311. If you do not file a timely appeal, this determination
shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the
Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $240 plus the
actual cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's
Determination are available at the Department of Community Development located at 401 McIntire Road,
Charlottesville, Virginia 22902 or online at www.albemarle.org/cdps. This form applies to the appeal of a
decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Section 34.3 of the Zoning Ordinance, which contains the regulations pertaining to the filing of an appeal to the
Board of Zoning Appeals, is located in Chapter 18 of the Albemarle County Code and it may also be reviewed
online at:
http: / /www.albemarle.org/ upload/ ima ,ges/Fonns_Center/Departments /County Attorney/Forms /Albemarle_Coun
ty_ Code _Ch18_Zonin 3g 4 APpeals.pdf