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HomeMy WebLinkAboutZTA201500015 Action Letter 2016-01-26Phone (434) 296-5832 Lrf2C;l1�ZA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 MEMORANDUM TO: File FROM: William D. Fritz, Chief of Current Development DATE: January 29, 2016 RE: ZTA201500015 Drive Thru Fax(434)972-4126 The Albemarle county planning commission, at its meeting on January 26, 2016, recommend adoption of ZTA-2015-15, by a vote of 5:1, as presented by staff with a modification to the provisions of section 5.1.60(c) and (d) to include reference to agricultural districts. FINAL ACTIONS Planning Commission Meeting of January 26, 2016 AGENDA ITEM/ACTION FOLLOW-UP ACTION 1. Call to Order. • Meeting was called to order at 6:00 p.m. by Tim Keller, Chair. • PC members present were Mr. Dotson, Ms. Firehock; Vice Chair; Mr. Keller, Chair; Ms. More, Ms. Riley and Ms. Spain. Mr. Lafferty was absent. Mr. Bill Palmer was present. • Staff present was Sarah Baldwin, Ron Higgins, Bill Fritz, David Benish, Sharon Taylor, Mark Graham and Greg Kamptner. 2. Other Matters Not on the Agenda Clerk: from the Public No action required • Neil Williamson, Free Enterprise Forum, suggested that consideration be given to the difficulty of dealing with major snows/snow removal in urbanizing areas and new urban developments. 3. Review of Board of Supervisors Clerk: Meeting —January 6, 2016 No action required Mr. Benish reviewed the actions taken at the meeting noted above. 4a. SP-2015-00026 Bojangles — Clerk: Hollvmead • Action Letter— Recommend approval as MAGISTERIAL DISTRICT: Rio noted in the actions. TAX MAP/PARCEL: 032000000041 D4 • The matter will go before the Board of PROPOSAL: Request for drive-through Supervisors on a date to be determined. window ZONING: Planned Development Mixed Commercial COMPREHENSIVE PLAN: Commercial Mixed Use — commercial, retail, employment uses, with supporting residential, office, or institutional uses. EC Entrance Corridor—Overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access. AIA Airport Impact Area— Overlay to minimize adverse impacts to both the airport and the surrounding land. (Sarah Baldwin) Albemarle County Planning Commission FINAL Action Memo—01-26-2016 Page 1 RECOMMEND APPROVAL OF SP- 2015-26, by a vote of 6:0, (Lafferty absent) with the conditions outlined in the staff report and shown in Attachment 1. 4b. ZTA-2015-00014 Neighborhood Staff: Model Setbacks and Yards • Recommend adoption of the proposed The Planning Commission will hold a ordinance as noted in the actions. public hearing to receive comments on • This matter will be go before the Board of its intent to recommend adoption of an Supervisors on a date to be determined. ordinance amending Secs. 18-3.1, Definitions, 18-4.19, Setbacks and stepbacks in residential districts, and 18-4.20, Setbacks and stepbacks in conventional commercial and industrial districts, of Chapter 18, Zoning, of the Albemarle County Code. This ordinance would amend Sec. 18-3.1 by amending the definition of"infill," to clarify that developments still subject to a valid subdivision plat or site plan, or both, are not "infill"; amend Sec. 18-4.19 to add the Planned Residential Development (PRD) and the Planned Unit Development (PUD) districts to those districts subject to that section; to amend Secs. 4.19 and 18-4.20 to clarify that corner lots are not subject to any maximum setback and to clarify when the maximum front setback may be increased without a special exception; and to amend Sec. 4.20 to provide that the minimum setback for parking areas is 10 feet from the right-of-way; and to amend . A copy of the full text of the ordinance is on file in the office of the Clerk of the Board of Supervisors and in the Department of Community Development, County Office Building, 401 McIntire Road, Charlottesville, Virginia. (Ron Higgins) RECOMMEND ADOPTION OF ZTA- 2015-14, by a vote of 6:0, (Lafferty absent) as presented by staff in the draft dated January 5, 2016 with grammatical corrections in the definition of infill. Furthermore, staff is to report back within the next year on any issues with implementation and on any Albemarle County Planning Commission FINAL Action Memo—01-26-2016 Page 2 adjustments that need to be made. 4c. ZTA-2015-00015 Drive-Thru Clerk: The Planning Commission will hold a • Recommend adoption of the proposed public hearing to receive comments on ordinance as noted in the actions. its intent to recommend adoption of an • This matter will be go before the Board of ordinance amending Secs. 18-4.12.6, Supervisors on a date to be determined. Minimum number of required parking spaces for scheduled uses, 18-20A.6, Permitted uses, 18-206.2, Permitted uses, 18-22.2.1, By right, 18-22.2.2, By special use permit, 18-23.2.1, By right, 18-23.2.2, By special use permit, 18- 24.2.1, By right, 18-24.2.2, By special use permit, 18-25.2.1, By right, and 18- 25.2.2, By special use permit, and adding Sec. 18-5.1.60, Drive-through windows, to Chapter 18, Zoning, of the Albemarle County Code. This ordinance would amend Sec. 18-4.12.6 by amending or deleting definitions or portions thereof that pertain to stacking spaces serving drive-through lanes, and Secs. 18-20A.6 through 18-25.2.2 referenced above by allowing drive- through windows by right instead of by special use permit; and would add Sec. 18-5.1.60 to establish design and performance standards for drive- through windows which, if satisfied, would allow drive-through windows by- right. A copy of the full text of the ordinance is on file in the office of the Clerk of the Board of Supervisors and in the Department of Community Development, County Office Building, 401 McIntire Road, Charlottesville, Virginia. (Bill Fritz) RECOMMEND ADOPTION OF ZTA-2015-15, by a vote of 5:1, (More nay) (Lafferty absent) as presented by staff with a modification to the provisions of Section 5.1.60(c) and (d) to include reference to Agricultural Districts. The Planning Commission recessed at 7:05 p.m. and the meeting reconvened at 7:17 pm. 4d. CPA-2015-00002 Cash Proffer Policy Staff: The Planning Commission will hold a • Indefinite deferral as noted in the actions to Albemarle County Planning Commission FINAL Action Memo—01-26-2016 Page 3 public hearing to receive comments on bring back in a work session with FIAC and its intent to recommend amending the then subsequently schedule a new advertised Cash Proffer Policy, which is part of hearing. Appendix 3, Growth Management, of the Comprehensive Plan. The proposed Work with a subcommittee (Keller and amendments would reduce the Dotson) to determine the scope of information maximum per unit cash proffer amounts to be developed for the work session. (See from the current amounts stated in the minutes for details) policy of$17,500 (adjusted for inflation to currently be $21,594.77) for each new single family detached dwelling (SFD), $11,900 (adjusted for inflation to currently be $14,684.44) for each new single family attached dwelling or townhouse (SFA/TH), and $12,400 (adjusted for inflation to currently be $15,301.43) for each new multifamily dwelling (MF) to amounts not less than approximately $4,918 for each new SFD, $3,845 for each new SFA/TH, and $5,262 for each new MF; require that adjustments to the maximum cash proffer amount be considered every two years based on the then-currently adopted Capital Improvement Program and Capital Needs Assessment; and amend the credits to provide an express credit for existing by-right development. Copies of the full text of this Policy are on file in the office of the Clerk of the Board of Supervisors and in the Department of Community Development, County Office Building, 401 McIntire Road, Charlottesville, Virginia and may be viewed at the County's website at www.albemarle.orq. (Bill Fritz) INDEFINITE DEFERRAL, by a vote of 6:0 (Lafferty absent) for further consideration of CPA-2015-00012 pending the opportunity for staff to bring additional information to a study session and to request the Fiscal Impact Committee attend a joint study session to review the additional information and discuss this amendment. Additional information to include: - cash proffer amounts from peer localities; - all capital needs (capacity building projects) identified in the Albemarle County Planning Commission FINAL Action Memo—01-26-2016 Page 4 Comprehensive Plan. 5. Old Business Secretary: • Committee Assignment List Update and distribute Committee Assignment distributed for consideration and List. discussion. • Letters of appreciation to be sent to recently departed commissioners. • Planning Academy scheduled March 8 from 1 to 3 pm at County Office Building-McIntire Rd. 6. New Business Secretary: • The next meeting will be held on • None Tuesday, February 2, 2016 at 6:00 p.m. 7. Adjourn to February 1, 2016 Albemarle County Planning Commission meeting, 6:00 p.m., County Office Building, Auditorium, 401 McIntire Road, Charlottesville, Virginia. • The meeting was adjourned at 8:23 p.m. Attachment 1 — SP 2015-26 Bojangles Restaurant at Hollymead Drive Through Window— Planning Commission Recommendation Albemarle County Planning Commission FINAL Action Memo—01-26-2016 Page 5 ATTACHMENT 1 SP 2015-26 Bojangles at Hollymead Request for Drive-Through Window - Planning Commission Recommended Conditions • 1. If the building is adjacent to a public street, any drive-through windows shall be located on the side or rear of the building, away from the public street. 2. Drive-through lanes shall not be located between a building and a public street unless separated from the right of way by a landscaped area at least 10 feet in width meeting the requirements of section 32.7.9.5(b)(c)(d) and (e). 3. Drive-through lanes shall be separated from sidewalks and any vehicular travel areas by a planting strip at least 5 feet in width. 4. Where pedestrian access crosses drive-through lanes, a 5 foot wide raised pedestrian travelway or a 5 foot wide pedestrian travelway containing a change in texture and visual markings shall be provided. 5. Drive-through lanes shall be a minimum of 11 feet wide. 6. Drive-through lanes shall not enter directly from or exit directly to any public street. 7. Entrances to drive-through lanes shall be more than 50 feet from any intersection with a public or private street or travelway without parking (interior circulation in shopping areas). 8. Drive-through lane length shall be a minimum of 100 feet measured from the center of the first window or service point. This length may be reduced if a study is submitted and approved by the Director of Community Development or their designee. 9. The drive-through lane shall extend 20 feet beyond the drive-through window. 10. Where a drive-through lane is located adjacent to an internal travelway the direction of travel in the drive-through lane and the travelway shall be the same unless separated from the right of way by a 10 foot landscaped area meeting the requirements of section 32.7.9.5(b)(c)(d) and (e). 11. The use shall commence on or before [date three years from Board approval] or the permit shall expire and be of no effect. 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