Albemarle County Planning Commission

August 30, 2005


The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday, August 30, 2005 at 6:00 p.m., at the County Office Building, Room 241, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Bill Edgerton, Chairman; Rodney Thomas, Calvin Morris, Jo Higgins; Pete Craddock; and Marcia Joseph, Vice-Chair. Absent were William Rieley and David J. Neuman, FAIA, Architect for University of Virginia.


Other officials present were David Benish, Chief of Planning; Sean Dougherty, Senior Planner; Stephen Waller, Senior Planner; Bill Fritz, Development Review Manager and Greg Kamptner, Assistant County Attorney.


Call to Order and Establish Quorum:


Mr. Edgerton called the regular meeting to order at 6:00 p.m. and established a quorum.  


            Public Hearing:


SP 2005-017 Chick-fil-A (Signs#60&66) - Request for special use permit approval to allow a drive-in window serving a fast food restaurant.  This proposal is being made in accordance with Section of the Zoning Ordinance, which allows for drive-in windows serving or associated with permitted uses. The property, described as Tax Map 45 - Parcel 93A, contains 21.733 acres zoned Highway Commercial (HC) and Entrance Corridor (EC).  This site is located in the Rio Magisterial District in front of the Lowes Home Improvement Store on the north side of Woodbrook Drive [State Route 1417], and at the intersection with Seminole Trail [U.S. Route 29 North].  The Comprehensive Plan designates this property as Community Service in Development Areas Neighborhood 1.  (Stephen Waller)


Mr. Waller summarized the staff report.


·         This is a request for a special use permit to allow the construction of a fast food restaurant with a drive through window.

·         If this special use permit is approved, the Site Review Committee can grant administratively approval for the preliminary site plan that is being reviewed in conjunction with this request.  Staff has determined that this proposal meets all relevant requirements of the Zoning Ordinance and the Comprehensive Plan related to drive-in windows.  This includes such information as engineering approval of the standards for the safe and convenient one-way access; the adequacy of the stacking areas provided for vehicles waiting in the drive through; and a provision of a by-pass lane for those people driving vehicles that don’t want to wait in line.

·         Staff recommends approval of the special use permit with the conditions provided in the staff report.


Mr. Edgerton asked if there were any questions for staff.  He asked if the proposed use of this property would be part of the existing parking lot at Lowe’s.


Mr. Waller stated that it was part of the Lowe’s parking lot.


Mr. Edgerton asked what happens to those parking spaces that were a part of Lowe’s.


Mr. Waller stated that those parking spaces were actually part of Lowe’s overflow parking. This site actually predates our current parking ordinance.  Under the current parking standards Lowe’s would not have been allowed to have this much excess parking. He pointed out that this request would add another use to that parking area.


Mr. Edgerton asked if this property is under separate ownership.


Mr. Waller stated that it was actually owned by Lowe’s.  Chick-fil-A has two options to either sign a long term lease with Lowe’s or to buy the property out right.  As of yet staff has not seen a subdivision plat to break that property off from Lowe’s.  Therefore, right now staff is looking at the proposal as Lowe’s being the owner of the entire site.


There being no further questions for staff, Mr. Edgerton opened the public hearing and invited the applicant to address the Commission.


Keith Simpson, Civil Engineer with Bohler Engineering and representative for Chick-fil-A, stated that they were looking at the option of subdividing the property for purchase since a long term lease has not been decided on yet.  He stated that Chick-fil-A has met with the ARB and resolved a lot of issues in order to get to this point.  The proposal shows a 4,508 square foot building, but Chick-fil-A is currently modifying their architecture. The building is actually getting a little bit narrower by 11”, which would reduce the square footage.  If there were any questions, he would be happy to answer them.


There being no further questions for the applicant, Mr. Edgerton invited comment from other members of the public.  There being no public comment, he closed the public hearing to bring the matter back before the Commission for discussion and possible action.


Ms. Higgins suggested that condition 1 be modified to include the latest revision date and condition 3 to mention Certificate of Appropriateness.


Motion:  Ms. Higgins moved, Mr. Thomas seconded, that SP-2005-017, Chick-fil-A, be recommended to the Board of Supervisors for approval subject to the conditions recommended by staff.


1.                   Development shall be in general accord with the site plan titled “Chick-fil-A Preliminary Site Plan Documents”, last reviewed July 8, 2005 and initialed SBW-dated August 22, 2005.

2.                   The existing evergreen hedges and trees along Woodbrook Drive and the Route 29 North EC shall remain fully intact and allowed to reach mature height and habit typical of the species.  Pruning shall be limited to the correction of damage and the overall maintenance of the health of the plantings, and,

3.                   The color and material of the awning on the drive-through elevation shall be resolved to the satisfaction of the ARB and a Certificate of Appropriateness issued.


The motion passed by a vote of 6:0.  Commissioner Rieley was absent.


Mr. Edgerton stated that SP-2005-017, Chick-fil-A would go to the Board of Supervisors on October 5 with a recommendation for approval.


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