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HomeMy WebLinkAboutSP201700020 Review Comments Special Use Permit 2017-10-17County of Albemarle Department of Community Development Memorandum To: Bill Fritz, Chief of Special Projects From: Andrew Knuppel, Planner Division: Zoning Date: October 17, 2017 Subject: Initial Review Comments for SP2017-00020 The following comments are provided as input from the Zoning Division regarding the above noted application. 1. Review of staff reports and Planning Commission minutes from prior Special Use Permit processes referenced conditions as a "combined attempt to try and address the impacts created by the water usage and to minimize the potential for exceeding the water usage and maintaining recharge and all those other things", using "both a combination of technology and actual land use/practices on the site". Zoning staff has reviewed the request to amend conditions through how they may achieve these goals, restated below: a. Minimization of impacts created by consumption exceeding the by -right water usage b. Minimization of potential to exceed the usage prescribed by the permit (1,625 gal/day) c. Maintenance of recharge capacity and water quality 2. Water meter data provided by the applicant has shown a peak of 383 GPD as averaged over a 1 week period, while the business has been operating on a 16 hour schedule, corresponding with slightly less than 25% of its allowed water usage under the SP. The existing use and intensity on the site have not come significantly close to exceeding the by -right water usage of 1,624 GPD. A letter submitted with the application dated September 15, 2017 from Michael Craun, PE confirms that the water usage has been significantly less than the maximum permitted by -right amount and that there is no risk of exceeding this amount with 24 hour operation and two additional pumps. Zoning Review Comments for SP2017-00020 3. Applicant has requested modification of Condition 5 to allow the convenience store to operate for 20 hours per day (not between 12:30 AM and 4:30 AM) as opposed to the 16 hours per day currently allowed. Zoning staff recommends approval for the following reasons: a. Staff does not expect an additional 4 hours of operation, holding the physical footprint of the convenience store and associated activities constant, to cause consumption in excess of the by -right water usage. b. The provision of a flow restriction device in Condition 4 prevents consumption in excess of the by -right amount. c. No modifications to the site plan were proposed that would affect recharge capacity or water quality. 4. Applicant has requested modification of Condition 5 to allow fuel pumps to remain operational for 24 hours per day as opposed to the 16 hours per day currently permitted. Zoning staff recommends approval for the following reasons: a. The applicant's justification states that "pumps do not use water — customers use water". Recognizing that the convenience store will be closed for 4 of the 8 new operating hours, no additional water will be consumed during this period. b. As for the 4 new hours of "full" business operation (convenience store + pumps), the current consumption does not provide evidence to reasonably expect that the expansion of operating hours will cause water usage to exceed the by -right or permitted amounts. c. The provision of a flow restriction device in Condition 4 prevents consumption in excess of the by -right amount. d. No modifications to the site plan were proposed that would affect recharge capacity or water quality. e. Although not a water -related note, by -right automobile service stations in the Highway commercial are typically allowed to have pumps operate for 24 hours per day. Previously, the Zoning Administrator determined that SP2009-034's language "hours of business operation" precluded operation of fuel pumps outside the 16 hours per day in the condition. 5. Applicant has requested modification of Condition 6 to allow for two new gasoline (or equivalent fuel) pump stations and remove limits on nozzles. Zoning staff recommends approval for the following reasons: a. Following the above logic, changing the number of pumps or pumps' operating hours will not increase water consumption in and of itself, but rather the added customers will consume water. Zoning Review Comments for SP2017-00020 b. Although it can be expected that the number of customers may increase as a result of added fueling capacity, staff does not believe the additional traffic will be sufficient to exceed the by -right water usage. c. The provision of a flow restriction device in Condition 4 prevents consumption in excess of the by -right amount. d. No modifications to the site plan were proposed that would affect recharge capacity or water quality. Water quality considerations are ensured by the building permit process for installing new pumps. 6. Applicant has requested modification of Condition 9 to reference an approved site plan (SDP2008-0154) and remove language about permitted modifications. a. The new condition should reference the final site plan approved in SDP2011-043. b. Applicant should be aware that removing the "permitted modifications" language may actually further limit their ability to modify the site without changing the referenced site plan or amending the Special Use Permit. Staff recommends keeping this language and/or identifying major elements of the site plan to provide some flexibility.