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HomeMy WebLinkAboutSP201500012 Review Comments Special Use Permit 2015-04-03AL$ L�RGiNL�' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 April 3, 2015 Alan Franklin Water Street Studio 418 East Main Street Charlottesville, VA 22902 RE: SP 2015 -012 Mechum's Trestle Mr. Franklin: Fax (434) 972 -4176 Staff has reviewed your initial submittal for water consumption exceeding four hundred (400) gallons per site acre per day. We have a number of questions and 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. Our comments are provided below: 1. A community meeting must take place with the Crozet Community Advisory Committee. 2. Variance 95 -05 was approved by the Board of Zoning Appeals that had a condition that stated "Any additional square footage which would encroach the required setback, or any chance which is determined to be substantial by the Zoning Administrator, shall require amendment of this variance." Based on the variance report, this is a setback reduction to seven feet from Rt 680 and nine feet from Rt. 240. It is difficult to tell if this condition is being met. Show the distance from each of these rights of way to the building to ensure the condition is being met. Planning Initial comments on how your proposal generally relates to the Comprehensive Plan are provided below. Comments on conformity with the Comprehensive Plan are provided to the Planning Commission and Board of Supervisors as part of the staff report. This parcel is within the Rural Areas, however this property has had many variances approved for this non - conforming site. It has been determined that the restaurant is a legal non - conforming use. Zoning The following comments related to zoning matters have been provided by Amelia McCulley: 1. The Service Authority Jurisdictional Area approval for public sewer anticipated a private well to serve a 100 -seat restaurant. Through our oversight, we did not previously require and process a special use permit for water usage from a private well that exceeds the by- right amount of 400 gallons per site acre per day. 2. A prior zoning determination (dated July 10, 2012 and April 22, 2013) found that the parking area that doesn't meet setbacks is legally nonconforming. A prior engineering analysis allows parking to encroach into the 100 ft WPO buffer provided that it meets a 50 ft setback and mitigation is installed. 3. VA 95 -05 was approved by the Board of Zoning Appeals on June 6, 1995 (attached). It allows a variance for the work proposed with building permit AC 94 -530 (for 1 -story only). "Any additional square footage which would encroach the required setback, or any chance which is determined to be substantial by the Zoning Administrator, shall require amendment of this variance." Based on the variance report, this is a setback reduction to 7 feet from Rt. 680 and 9 feet from Rt. 240. It is difficult to tell by the initial site plan, if this condition is being met. Engineering and Water Resources The following comments related to engineering and water resources have been provided by Michelle Roberge: Add a condition to monitor the water usage and for the applicant to provide a yearly report to the County. This leaves the applicant the responsibility of self monitoring. All we have to do is verify the monthly report at the end of the year. 2. Add a condition to provide pervious pavers. This parcel is wedged between two floodplains and the feasible site bmp selection is limited. Also note that the Groundwater Management Plan from the Tier 3 Groundwater Assessment report states, "the proposed development will attempt to minimize the degradation of groundwater recharge, and groundwater surface water quality by preserving existing vegetation where practicable and by implementing stormwater strategies to minimize offsite runoff." Entrance Corridor No objection to the special use permit. VDOT No objection to the special use permit. ASCA No objection to the special use permit. RWSA The following comments have been provided by Victoria Fort: 1. Capacity issues for sewer that may affect this proposal *See below 2. Requires Rivanna Water and Sewer Authority Capacity Certification X Yes No 3. Water flow or pressure issues that may affect this proposal N/A 4. "Red Flags" regarding service provision (Use attachments if necessary) * *See below *RWSA will require a flow capacity certification prior to final site plan approval. RWSA will require inspection of the existing sewer force main prior to the development going online. * *The applicant should be aware that the project site is located within the 12 -hour PMF with dam breach inundation area for the Beaver Creek Dam. SP Conditions Staff has not drafted conditions to date for this special use permit. The conditions that may be recommended at this time include those recommended by engineering, and the restriction of a max of 5,000 gal /day. Once conditions are drafted, staff will send it out to you. 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: $120.05 Cost for newspaper advertisement $200.00 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner after 50 adjoining owners) $320.05 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. $120.05 Additional amount due prior to Board of Supervisors public hearing $440.10 Total amount for all notifications Fees maybe paid in advance. Payment for both the Planning Commission and Board of Supervisors public hearings may be paid at the some 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 mvaniglos @albemarle.org Sincerely, Megan Yaniglos Principal Planner, Planning Services Bill McKencie, Mechum's Trestle LLC enc: Action After Receipt of Comments Resubmittal Schedule Resubmittal Form 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 Nov 03 Dec 03 Dec 22 Jan 13 Nov 17 Dec 17 Jan 05 Jan 27 Dec 01 Tue Dec 30 Jan 05 Jan 27 Dec 15 Jan 14 Feb 02 Feb 24 Jan 05 Feb 04 Feb 09 Mar 03 Tue Jan 20 Feb 18 Feb 23 Mar 17 Feb 02 Mar 04 Mar 16 Apr 07 Tue Feb 17 Mar 18 Mar 30 Apr 21 Mar 02 Apr 01 Apr 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 12 2016 Nov 16 Dec 16 Dec 21 Jan 12 2016 Dec 07 Jan 06 Jan 11 2016 Feb 02 2016 Dec 21 Jan 20 2016 Feb 01 2016 Feb 23 2016 Jan 04 201E Feb 03 2016 Feb 08 2016 Mar 01 2016 Sold italics = submittallmeeting day is different due to a holiday. Dates with shaded background are not 2015. 2016 dates are tentative. ' The reviewing planner will contact applicant to discuss comments of reviewers and advise that changes that 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. FOR OFFICE USE ONLY SP # or ZMA # Fee Amount $ Date Paid By who? Receipt # Ck# By: Resubmittal information for Special Use Permit or ��® AL Zoning Map Amendment � to IRG1 PROJECT NUMBER: 20 PROJECT NAME: �_d��Im S r�s Resubmittal Fee is Required rf Per Request Name of Applicant Signature FEES Resubmittal Fee is Not Required _X Phone Number Date Resubmittal fees for original Special Use Permit fee of $1,000 $200 + actual cost of first -class postage F7 First resubmission FREE Each additional resubmission $500 ti7 c 't z# f Y 't�s 5 S v� �r r +s t::, kt [ X r '., t u,?• a d v r z =%!,f'•'„rt fV I �'f "yr ��{Fi;d t '., '3 p.:' r tai }$�. r 1 Sri „ i 4 ' •� � pp *7 r"J � n *h ? p r �, I M h i a�' 'i ( 0' t1R. s i5 l 'S �, .�k'., u,t N� ?.,.."�u?!�i .4 § k N4 �S,M. :e $ h`r,l i.. #,�•Fe; 3 ' 4 .za >k4 (u.:; a 4 ;f': ' yL Resubmittal fees for original Special Use Permit fee of $2,000 (-1 First resubmission FREE F-1! Each additional resubmission $1,000 �. t3' (kr'}• �� Ilil i �4 tiP 13 : i Y +.. t n 4 �rl rJ. C'I " r a }., t' q, i�� (t, ttr = -d 4 "SUP' r5 hn��,��, ,f, °�L.n. ��r 4 }r �Y,4Er.e�, r ,, to ., 'ti"' ro E 1W1'. J 4,}.'� ;�5 '� �'$" i 7 '1 1 + S''tF t �t��,.'�*,u Resubmittal fees for original Zoning Map Amendment fee of $2,500 F7,, First resubmission FREE F7 Each additional resubmission $1,250 fA 'l�#� itxim••rr 4'iG"' yMr3�LM� T'._'a{{{'+'t 1'iy,f' 4'3 t lei 9„F i L4 .: 1� �y'•. �Y,+tI YG�,t 4`�'u' 43'4 �{�` z tt �I ti 3 P Y" _" '�h 7 m. '{$ ai :'a% i pi 15 R.��E�''!tr 'fi. '#, "fi5 1 c°'�''+ H' f.( tl F •4 ikn"PO �i'I .*.' 6 i 3rt ,�'ti .`' <.t"`.?sxa; p *:''v: '; ta'.iry 8: °� ., �^� r� u'ut4 °:V..."$}.,�``r- h ,I dIR�.�`''»+. �'.t �'� ^K,„� .2•+. 1'w; �^-{a G 3 �pitl Cyr "Jna3,V��gP'x;41 1 k �� 9du �I.7 Hr - s"': r4P6I Resubmittal fees for original - Zoning Map Amendment fee of $3,500 First resubmission FREE Each additional resubmission $1,750 I , a 4tx ,ub,r .,0 k3a. lxea 7a 1,?'ei zxc r. r•' 4, 'T� t1.. ,, F ric +'tv u. r�i'rk ^� +1!i 7 7a� a3�t( ', s� y�{ Hr :.' ! tl ; {Tr.:�rp (;}� 4r �Njr= Hsu.{ T. 4 1.4 ^. xi. �li I�F� t �•�r.'iµt.,{� tt i .r.i ,? '7t1 aIrb�'�'�d'�4�u "!IIk��Pdy .i. �'rb I� ... t41� �j q: ":.Y T�I:t�^,' y}i a,:.EI.I' !r Deferral of scheduled public hearing at applicant's request - Add'l notice fees will be required $180 To be paid after staff review for public notice: Most applications for Special Use Permits and Zoning Map Amendments 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 least two fees for public notice are required before a Special Use Permit or 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. MAKE CHECKS TO COUNTY OF ALBEMARLE/PAYMENT AT COMMUNITY DEVELOPMENT COUNTER Preparing and mailing or delivering up to fifty (50) notices $200 + actual cost of first -class postage Preparing and mailing or delivering each notice after fifty (50) $1.00 for each additional notice + actual cost of first -class postage Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (minimum of $280 for total of 4 publications) County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126 6/7/2011 Page 1 of 1 DEPARTMENT OF COMMUNITY DEVELOPMENT � �'IRGINZP 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 full resubmittal schedule 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 suhmittal. 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 Page 1 of 6 Revised 4 -25 -11 eke 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. Page 2 of 6 Revised 4 -25 -11 eke 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 Each additional 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 Each additional 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 Page 3 of 6 Revised 4 -25 -11 eke