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HomeMy WebLinkAboutSDP199900128 Request of Modification, Variance, Waiver Major Amendment, Final Site Plan 1999-12-07 STAFF PERSON: STEPHEN WALLER PLANNING COMMISSION: DECEMBER 7, 1999 SDP 99-128 SHADWELL ANTIOUAIRES MAJOR SITE PLAN AMENDNDMENT APPLICANT'S PROPOSAL: Applicant seeks approval to amend the final site plan SDP 99-088, approved June 11, 1999, to allow a 2,112 square foot building which was first proposed as a workshop supporting an antique shop to change its use to a restaurant. This site is located on approximately 2.04 acres C-1, Commercial, and EC, Entrance Corridor(Attachment A). This site, described as Tax Map 79 Parcel 19, is located in the Rivanna Magisterial District(Attachment B). CHARACTER OF AREA: The property is located at Shadwell on the south side of State Route 22, between Route 22 and Route 250 East. The Shadwell Market convenience store, zoned C-1 Commercial, is the adjacent property on the western boundary of the subject parcel. The adjacent property to the east, across the railroad tracks is a gas station owned by GOCO Oil, and is zoned RA. Adjacent property to the north across Route 22 is zoned RA and is rural in character. The subject parcel is zoned C-1, Commercial, but is not located within a designated growth area. This site is on a graded and cleared lot with two nearly completed structures that have been under construction since July of 1999. The property is accessed by an entrance off of Route 22 North, just past the Shadwell Market property. The applicant is seeking approval to use one of the buildings as a restaurant, which is a by-right use in the C-1 zoning district. PLANNING AND ZONING HISTORY: 1. BP 99-01257-NC - On August 3, 1999, a building permit was issued to allow the commencement of construction of 14,000 square foot antique sales shop, and a 2,112 square foot repair workshop. 2. SDP 99-088 Shadwell Antiquaires Final Site Plan—On June 1, 1999, the final site plan site plan was approved and signed administratively by all of the reviewing departments and agencies. This approval allowed for a retail antiques shop and an accessory repair shop. 3. SDP 98-161 Shadwell Antiquaires Preliminary Site Plan- On January 27, 1999, the preliminary site plan for the Shadwell Antiquaires was approved administratively after review by the Site Review Committee. 4. 2129 ACSA Booth/Exum Jurisdictional Area Request - On March 3, 1993, the Board of Supervisors denied a request by the previous property owners and the owner of the 1 adjacent GOCO service station to extend the Service Authority Jurisdictional Area to allow water for those two properties (Attachment C). COMPREHENSIVE PLAN: The impact of this development has been reviewed for compliance with the Comprehensive Plan and the Zoning Ordinance. This property is located in the area designated as Rural Area 2 in the Comprehensive Plan. The Comprehensive Plan discourages uses not related to bona fide agriculture or forestry. Staff notes that although commercial uses are discouraged in the Rural Area, this plan represents a by right development for an existing commercially zoned property. Currently, the Comprehensive Plan contains limited review criteria for development in the Rural Area. The Open Space Plan does provide some guidance for the protection of identified resources of the County. The only resource identified in the plan and potentially affected by this application is the Entrance Corridor. The Architectural Review Board [ARB] currently addresses development within the Entrance Corridor Overlay District. This development proposal was reviewed by the ARB prior to the approval of the final site plan and a Certificate of Appropriateness was issued in April, 1999, upon the determination that this proposal is in accord with the County's design standards. As the staff representative of the ARB, the Design Planner has reviewed the amendment proposal for compliance with the Certificate of Appropriateness, and has recommended approval with conditions. REASON FOR PLANNING COMMISSION REVIEW: In accordance with site plan processing procedures, set fourth in Section 32.4.3.5 of the Zoning Ordinance, Planning Commission review of the proposed site plan amendment is being requested by a neighboring property owner(Attachment D). STAFF COMMENT: On September 28, 1999, the owner of this property submitted an application to amend the approved final [SDP 99-088] to allow the 2,112 square foot building, originally proposed as a workshop, to be used as a restaurant. Because a restaurant represents a more intense use than the workshop, it was decided at a pre-application conference between the owner's agent and staff representing the Site Review Committee that this proposal would be reviewed as a major amendment and subject to a full review. Staff notes that the Site Review Committee has reviewed this site plan amendment and staff could grant administrative approval, once all of the conditions have been addressed. Staff notes that the proposed development is a by-right use and that the issue of the use is not before the Planning Commission. Planning Commission review is confined to the aspects of the site plan regulations listed in Section 32.0 of the Zoning Ordinance. Staff review has determined that the proposed development meets the minimum requirements of the Zoning Ordinance. Objectionable aspects of the operation,raised in the letter requesting review [i.e. landscaping, lighting and the on-site provision of potable water], have been addressed through the site review 2 process. Other objectionable aspects of operation raised by the adjacent owner [hours of operation, and outdoor entertainment] are matters of use which are not subject to site plan review regulations. Staff has identified the three primary sources of concern that have been brought fourth in the letter requesting Planning Commission review and they are listed and addressed below: 1. The nearby property owner believes that the presence of the two buildings, along with the light emitted from the outdoor lighting fixtures will be intrusive, and has requested that a hedge or barrier be required along the railroad toward the southeastern end of the property. Although this site has been cleared of most of its original vegetation, a landscape plan for this development was reviewed by the Architectural Review Board [ARB] and the Design Planner prior to the approval of the final site plan [SDP 99-088 Shadwell Antiquaires]. As shown on the landscape plan (Attachment E), large deciduous trees are being required on all sides of the two buildings and the parking lot, including the side facing the railroad. In reviewing this site plan amendment proposal for compliance with the Certificate of Appropriateness, the Design Planner has required that some additional large deciduous trees be planted around the new parking area. Staff's review of revisions to the amendment has determined that the plantings proposed on the landscape plan should provide an adequate amount of screening of the building and lights from off of the property. Staff also believes that any further plantings along the railroad and the southeastern property boundary may act to interfere with the septic and reserve drainfield areas. Furthermore, the Shadwell Antiquaires site and the property belonging to the owner who is requesting review are separated by the railroad and the GOCO Oil site. Although the GOCO property is zoned Rural Areas, the service station is a nonconforming commercial use and the Zoning Ordinance has no requirements for screening between two commercial uses. Section 4.17 of the Zoning Ordinance states that each conventional outdoor lighting fixture emitting three thousand(3,000) lumens must be shielded with a full cut-off luminaire and each decorative lighting fixture must be shielded with full cut-off optics. The purpose for requiring full cut-off fixtures on high-intensity outdoor lights is to ensure the no light is emitted above the lowest horizontal plane of the fixture. As the amended site plan and Outdoor Lighting Details show, a majority of the site lighting will consist of decorative lamps with full cut-off optics, and each wall mounted pack light in excess of three thousand (3,000) lumens will be shielded with a full a cut-off luminaire. Additional lighting shown on the plan consists of low intensity light fixtures that are not subject to the light regulations of the Zoning Ordinance. At the time that the final site plan [SDP 99-088] was approved, the Zoning Department's Permit and Plan Specialist approved the lighting plan for compliance with the Zoning Ordinance and the Design Planner has reviewed it for the issuance of the Certificate of Appropriateness. This amendment has been reviewed for both of these purposes, as well, and approval of the lighting can be granted. 2. The nearby property owner has expressed some concern over the hours that the subject business will be in operation. This is also directly related a request to 3 consider a requirement that no outside entertainment be allowed and that all sound generated onsite be kept inside of the buildings. Staff has identified no ordinances or regulations that would give County agencies the authority to limit the hours of operation for the antique shop or the restaurant as both are by-right uses in the C-1 zoning district. However, through correspondence with the property owners and their agent, staff has learned that both the antique shop and the restaurant will be open from 10 A.M. until 6 P.M., Monday through Saturday. The owners anticipate the restaurant will serve light meals, snacks and tea to customers who are primarily on site to visit the antique shop. Staff does not anticipate any outdoor events, that would involve amplified sound, to be held at this site in conjunction with either of the two businesses. Additionally, in accordance with Zoning Ordinance Section 30.6.3.2b, any proposal for outside sales or temporary events would require a special use permit for outdoor display in the Entrance Corridor Overlay District. As of yet, no such special use permits have been requested for this parcel, or in relation to this development. 3. The nearby property owner requests consideration of a requirement that this development must be served by its own private water facilities and not allowed to connect to the public waterline. In 1993, the previous owners of this property, along with the owners of the adjacent GOCO Oil property, submitted a request to be included in the Albemarle County Service Authority Jurisdictional Area. Both property owners were seeking permission to connect to public water because ground water on the GOCO Oil site was found to be contaminated due to fuel leaks. Groundwater tests determined that the fuel leaks that affected groundwater on the GOCO property had caused no contamination on the subject property. However, the Health Department had found that the existing well was contaminated with coliform bacteria at a level that made the water unsafe for drinking. This kind of contamination was identified as a problem that often affects older wells that have not been used regularly and could be remedied, either by disinfecting the existing well or by having a new well drilled(Attachment F). Because of the remedial options that were available, the Board of Supervisors found that the jurisdictional area request could not be justified, and the property was denied access to public water. The current property owners have indicated that they intend to use an on-site private water system. The Health Department has reviewed the site plan amendment proposal and has granted approval of a well capable of handling both the antiques shop and the restaurant. Approval of this new well acts as further verification that there is no ground water contamination on the Shadwell Antiquaires property. However, staff has not identified any mechanism allowing the County the authority to forbid the current property owners or any future property owner from requesting that the Board of Supervisors consider including this property in the Service Authority Jurisdictional Area. RECOMMENDED ACTION: Staff has reviewed this request for compliance with the provisions of the Zoning Ordinance and 4 recommends approval of the proposed site plan amendment, subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL: 1. The amended site plan shall not be approved until the following conditions are met: a. Planning Department approval of: 1. Page numbers must be listed on the plan in correct order; 2. Change the name of the second building from Repair Shop to "Restaurant/Tea Shop"on all pages of the amended site plan. b. Engineering Department approval to include: 1. The Erosion Control Plan must be amended to include additional parking lot and changes to the storm structures. c. The following revisions are required to bring the plan into conformance with the previous Certificate of Appropriateness issued by the Architectural Review Board: 1. Add two (2) trees on the south side of the new parking area. These trees should be Oak or Maple trees to match the other landscaping on site. 2. Continue the row of shrubs along Route 22 in front of the new parking area. 3. The Hubbel-Magnusquare pole light shown on Sheet 1 of 2 is not part of the ARB-approved plan. The fixture diagram and locations should be removed from the sheet, or the diagram and locations should be added to the photometric plan and submitted for review and approval by the ARB. 4. The landscaping shown on Sheet 1 of 2 does not correspond to the ARB- approved plan and the "Landscape Plan" is not numbered consecutively as part of the amendment plan set. Clarify the proposal by removing the landscaping from Sheet land number all sheets that are intended to be part of the amendment set consecutively. ATTACHMENTS: A- Site Plan B - Tax Map C -Letter of Denial: 2129 ACSA Booth/Exum Jurisdictional Area Request D - Carolyn W. 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VIRGINIA gc o S p • $ ^' 8 I MAJOR SITE PLAN AMENDMENT J \ ,J (SHOPTO TEA ROOM-RESTAURANT)TAX MAP 79, PARCEL 19 ATTACHMENT B ALBEMARLE COUNTY 63 V`' , \ 'lei.„..4_\ ......._ \ \,\ 1..„ 4 l '\,> \ \ • 40 '1 ', 5Ai " ,) \ '.4 \c, \ \ \ I \ \ "at 7 ' 1\ \ 1 ( 1 is\\,..\ \ ....0<„..N., I 1 N/ c—ii----7 \// ( l , , . \ \ l' '' '',,,,,.:. \k / \ , .to.,... , ,,_..4 . 4- ‘ ........„0„.. t / r\ ), _______:„___------o.., ) , l .....--i i \ s to 3D,....._ \ I I 5B I 12A y II 1\, ' ' / \ '° ' ! \I\ 4 '..\ , ) \ ) ' \ I 1213 ' ii2A • ,, lee 1 , r\ i / \ , ' ' ', . 76 80 ..,. ., . 0 ' . \\1 SDP 99-'128 SHADWELL ANTIQUAIRES MAJOR SITE PLAN AMENDNDMENT PI 40 ` 3A I ROUT; 64��` "i \ II - ' RI. 250 11/ I . �/ if /' / 12 de �®� ����- SECTION 7-A 7BITB /�/ s j :r/it, A SHADWELL .411% � TAI `.... Asa pMO� �'��i 17 C,� 16 `•jt5 ,',,'',,/�i,� `!�� '� ////// ., KE 1 zi . 21 20 L1� �� pNE5APEI YA N OST. _1 . • ITA 'N. •/ . \, 248 '` ` . .'te I I ADDM • MIL. ::\ _ ....,a.. ...:,... /, +\�`UF z . �� • ___. ,___,_____„ q0 , , .. ,.. , /f/fj 360 / ��\i1�\`\` ��` 23 �S= 0 . • , 23c 7 /y 7•Ai, ,.';' 43A I `////0 .' 3::- \ .36: � 2A f4t$ 'v. 138 illpe a� 51,...t: , ,4110441481811422.461. 7. iffsirF I 33 2 // `�� 7 43 36/ 111 A .^ 3 43FI ` .-.--1-3-2- 32 ,x' •AGRICULTURAL 8 FORESTAL DISTRICT 93 '� SOAP IN iEET RIVANNA AND t0° ° '°° '�° "°° "'° SCOTTSVILLE .DISTRICTS SECTION. 79 -'�yor m,,,,,, ATTACHMENT C .......V ..,.. ,'/RGIl• COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 March 11, 1993 • David W. Booth Rt. 3 , Box 188 Charlottesville, VA 22903 RE: David W. Booth/Sandra Andrews and Sherwood Exum (Goco, Inc) Jurisdictional Area Amendment Dear Mr. Booth: The Albemarle County Board of Supervisors, at its meeting on March 3 , 1993 , denied the above-noted request to include property of David Booth/Sandra Andrews and Sherwood Exum (Goco, Inc. ) in the service area boundaries of the Albemarle County Service Authority: water service only to Tax Map 79, Parcel 19, zoned C- 1; water service only to existing structures to Tax Map 79, Parcel 18, zoned Rural Areas. If you should have any questions, please do not hesitate to contact me. Sincerely, ZAba,/.7.9-V. Waynilimber• Director of Plan Community Development VWC/jcw CAROLYN W. MICHIE ATTACHMENT D 1066 Shadwell Station Ln. Charlottesville, VA 22911 PAGE 1 • October 28, 1999 County of Albemarle Dept. of Planning & Community Development 401 McIntire Rd. Charlottesville, VA 22902 ATTN: Mr. Stephen B. Waller, Planner RE: SDP 99-128 Shadwell Antiquaries Major Amendment Dear Mr. Waller: As per your notice of October 15, 1999 regarding the above project, I hereby request a Planning Commission review. My husband and I have lived at Winmilhil for over 35 years and his family before us. We realize the above property is zoned commercial and that a site plan seems to have been approved. However, we feel the planning department does not take into consideration the impact on our home and quality of life when it making their plans for the Shadwell area. Below are a few of our concerns regarding the above project. ,1- The hours of operation and the presents of entertainment sounds coming from this restaurant have not been discussed. 2- The lighting (which I was told is regulated)will be pointing down on the building and lot, but since they cleared the lot with no barrier the entire building and lot is very visible to our home. At present we endure, until one p.m. or so, loud music and band sounds from Cliffton Inn. This was supposed to be a bed and breakfast. These bands echo throughout our home with windows shut tight. GOCO's flood lights had to be adjusted down as they were shinning through our windows. I do not object to this project as long as the following things are done or considered. 1- A hedge or some sort of barrier is placed along the back of the properties railroad side to conceal the building and help with cutting down on the lighting output filtering over to our home. 2- No outside entertainment is allowed and any and all sounds are confined too indoors. 3- They must provide their own water and not be allowed to hook up to the water line as was promised by the Board of Supervisors should any further new development in our area occur. By allowing operations such as these to hook up to the water line not only are you and the ATTACHMENT D PAGE 2 Supervisors going back on your word but you are opening the door for more development. Please keep future development on the west side of the railroad tracks and allow us to have the quality of life we deserve. Sincerely, • Carolyn W. Michie Cc: Charles Martin, Chairman Board of Supervisors Mr:William Fritz-Zoning ATTACHMENT E ® w Z W c c Q W o� Nem U W A W 0.1 Z 0 v 0 �++ ` co!HU m ixJ Z � - 0 m a OffCC Z + tL, xs ^ z rx -ZI `fl t})y`, �. da, PgRkl,yC., i l AirM' O ® lor U i X +r ;C t h Q q , i ' to fra' V p > �. • - --4 ` 4 i _ 'cm �7J ��,4' r.�. ' e a 8' li i`s , i 4.77 � Z � r h�i^l /j_ mq Ill \Y.;J- r > '�i / /-••• Izy r o y /I 4'/ Y r ala / U T / 4' '" .. , , in 1 ; r [ii o f Ri ibF 'pO `\ b i /-u 6-,3.- - g i ' �� Yd 4i 1 A gA F, P '1 I a Iii A (1 f1Z zprU \ `�\ T rNd a1,_. --L ,pyY� Z� - ? n p� I Y 3- i&lg J ' tfr 6-, , 9 / ?-, :OVA Aio ' i h5. a R in ',I .>•'-‘ ,-.'41 FtG o 0 o a I t> o\ ��p�pss,� 7-', -a a ;� a' a f A Z ,,,'lG I, y C ? r' ' 1N'd' F., o Ou 'cv t 1 f(1 A. fff -.O("l�j 1 :t.407,1111iiiii 1,5-zillriiiiiiii '.. \ , 1 .;ZI.R.illt .ilitlift3 gi 11 XA \ 1 IF1-14 i Iffig 1,\,43, lqx4 -!I - F. •_ Wry cz: - - Ela^ dp yto.m W a - s `o w cn o o N R a jai- >24 A v '1C'�d °� $ x 4r: 72 II m tt O O p I., m r� m O u u eye 1 �B� ,ii,,,., „.4..,,,,,l.,., IR',,i Ii,II181,'i'-oiX ` f --/ - - .`.�COUNTY OF ALBEMARLE ATTACHMENT F yOFAfg4, PAGE 1 t friFr,NaP FEB 2 4 i993 MEMORANDUM TO: Wayne Cilimberg -"Director of Plan•'- : & Community Development FROM: Jack M. Kelsey, PE - Civil Engineer . 6 DATE: February 24, 1993 RE: Jurisdictional Area Request - Tax Map 79 Parcel 19 As requested this Department has reviewed the analysis of the drinking water sampled from the above referenced private well and the technical grounds for support of an extension to the ACSA jurisdictional area. Sampling and testing of this well indicated unacceptable coliform bacteria levels. According to the Thomas Jefferson Health Department this type of contamination is very common (especially in older wells) and is a problem they deal with on a daily basis. Very rarely is the groundwater the source of this type of contamination. Bacteria contamination is generally due to intrusion of surface runoff into the well as a result of poor installation or (in the case of old wells) the standards utilized at that time. The Health Department utilizes a four step procedure for recommending a resolution to these problems. The first recommendation is to protect the wellhead from the intrusion of surface runoff, chlorinate and flush the well to remove the bacteria from the stored water aS well as the liner and appurtences, and then test the water. Should these measures fail to correct the contamination, the second recommendation is to install a new well in accordance with present standards. If bacteria contamination continues to persist, installation of a chlorination system is then recommended. Lastly, for the rare case when all options fail, the Health Department will recommend the owner apply for extension of the ACSA jurisdictional'area. As a policy the County has discouraged extension of ACSA jurisdictional areas in other than County designated growth areas, unless public health and safety is endangered. This site is not located within a County designated growth area. t ...wax ATTACHMENT F Wayne Cilimberg PAGE 2 February 24, 1993 Page 2 The scope of the sampling and testing of this well was limited to the determination of the water quality in the present condition of the well and are not conclusive evidence that the well is a danger to public health and safety. Extension of the ACSA jurisdictional area is not adequately justified until disinfection, remedial measures to eliminate the source of the contamination, and/or the other options described above are attempted and failed. Therefore, at this time the Engineering Department cannot support this request. JMK/ CC: Jo Higgins - Director of Engineering Awriew OFFICE USE ONLY TMP— — -- — — Application for All Modifications Regarding Existing °v $'aJ n Site Development Plans © _ `Major Amendment(Commission Review) S21 14 folded copies of plan required ❑ Minor Amendment(alterations to parking,circulation,building size,location)=$75 7 folded copies of plan required UReinstate Plan Review After Denial=$160 ❑Reinstate plan deferred by applicant ❑ To a specific date=$25 ,�et t!'�.; ❑ Indefinitely=$60Ft ,,, '' 16 folded copies of plan required CF p 109 ❑Relief from conditions of approval from Commission or landscape waiver by agent=$0i{ ,1\)4 MC AND ❑Extension of approval prior to expiration of an approved plan=$35 �1i"i•zt 1)EVEL°PMEt WI ❑Rehearing of site development plan by Commission or Board=$150 COMv Project Name: Shadwell Antiquaires Tax map and parcel: Tax Map 79 Parcel 19 Rivanna Magisterial District: Physical Street Address(if assigned) Location of property(landmarks,intersections,or other) Intersection of Rt. 250 West a n d Rt. 22 in Shadwell Does the owner of this property own(or have any ownership interest in)any abutting property? If yes,please list those tax map and parcel numbers Contact Person(Who should we call/write concerning this project?): Kurt M. G l o e c k n e r, P.E. ,P.L.S. Address 2246 Ivy Road, Suite 5 CityCharlottesville State VA Zip 22903 Daytime Phone(804/ 971 -1 591 Fax# 293-7612 E-mail glokurt@cstone.net Owner of Record Jacques & Daniele Logarides Address 4068 Saddlewood Drive city Charlottesville State VA Zip 22902 Daytime Phone(8 0 4) 296-2448 Fax# F-mail Applicant(Who is the Contact personrepresenring?): Jacques & Daniel e Logarides Address 4068 Saddlewood Drive city Charlottesville State VA Zip 22902 Daytime Phone(8 04 )296-2448 Fax* F-mail OFFICE US f.y1 �p Fee amount$ .L Date Paid d Check# '41By Who?�fi11 /j' , Vila(i ki Receipt# t) By: `/ County of Albemarle Department of Planning & Community Development 401 McIntire Road + Charlottesville,VA 22902 + Voice: 296-5823 ❖ Fax: 972-4035 9/14/98 Page 1 of 2 Intended use or justification for request: The antique repair shop is to become a deli/tea room. No food will be prepared on site with the exception of tea and coffee. Owner/Applicant Must Read and Sign This site planus submitted contains all of the information required by Section 32.5 (Preliminary Plan) or Section 32.6 (Final Plan) of the Albemarle County Zoning Ordinance. I understand that plans which lack information required by said sections shall be deemed incomplete and shall be denied by the agent within ten (10) days of submittal as provided in Section 32.4.2.1 or Section 32.4.3.3 as the case may be. For Final Plans Only:To the best of my knowledge,I have complied with Section 32.4.3.1 and obtained tentative approvals for all a,•licable conditions .•m the appropriate agencies. f / i / i ature f Owner,Con act Purchaser,Agent Date u, ae G� c� �, f0 2.q6 f A9 • Printed Name Daytime phone number of Signatory 9/14/98 Page 2 of 2