HomeMy WebLinkAboutSP201500031 Staff Report Special Use Permit 2016-05-03 •
FINAL ACTIONS
Planning Commission Meeting of May 3,2016
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; Mr. Lafferty, Ms.
More and Ms. Riley. Absent was
Ms. Spain. Mr. Palmer, UVA
Representative was present.
• Staff present was J.T. Newberry,
Rebecca Ragsdale, David Benish,
Sharon Taylor and Greg Kamptner.
2. Committee Reports
• None
3. Other Matters Not on the Agenda Clerk:
from the Public No action required
• None
4a. Public Hearing Items. Staff:
• Action Letter— Recommend Approval of SP-
SP-2016-00006 Generations 2016-06 as noted in the actions.
Montessori School • This matter will be forwarded to the Board of
MAGISTERIAL DISTRICT: Rivanna Supervisors to be heard on a date to be
TAX MAP/PARCEL: 06200-00-00- determined.
025C0
LOCATION: 1525 Stony Point Road
PROPOSAL: Request for approval of a
private school for up to 50 students in
the existing Broadus Memorial Baptist
Church facility.
PETITION: Private schools under
Section 10.2.2.5 of the Zoning
Ordinance.No dwelling units proposed.
ZONING: RA,Rural Areas -
agricultural, forestal, and fishery uses;
residential density(0.5 unit/acre in
development lots)
ENTRANCE CORRIDOR: Yes
MANAGED AND PRESERVED
STEEP SLOPES: Yes
FLOOD HAZARD OVERLAY: Yes
SCENIC BYWAYS OVERLAY: Yes
COMPREHENSIVE PLAN: Urban
Density Residential—residential(6.01-
(110) 11114)
34 units/acre); supporting uses such as
religious institutions, schools,
commercial,office and service uses
within Neighborhood 3 —Pantops
Master Plan. (JT Newberry)
RECOMMEND APPROVAL OF SP-
2016-06,by a vote of 6:0, (Spain absent)
with the conditions outlined in the staff
report, as amended, and shown in
Attachment 1.
4b& SP-2015-00031 Rio Salam LLC— Clerk:
4c. Motor Vehicle Sales • Action Letter— Recommend Approval of SP-
MAGISTERIAL DISTRICT: Rio 2015-31 and SP-2015-34 as noted in the
TAX MAP/PARCEL: actions.
061W0020A00200 • These matters will be forwarded to the Board
LOCATION: 1189 Seminole Trail. East of Supervisors to be heard on a date to be
side of Seminole Trail (Rt. 29), 200 feet determined.
south of intersection with Greenbrier
Drive(Rt. 866).
PROPOSAL: To permit the sale of
motor vehicles associated with existing
auto repair shop and proposed body
shop.
PETITION: Motor vehicle sales in
communities and the urban area as
designated in the Comprehensive Plan
under Section 22.2.2(8)of the Zoning
Ordinance.No dwelling units proposed.
Concurrent with SP application
SP201500034.
ZONING: Cl —Commercial, which
allows retail sales and service;
residential by special use permit(15
units/acre).
ENTRANCE CORRIDOR: Yes
AIRPORT IMPACT OVERLAY: Yes
COMPREHENSIVE PLAN: Urban
Mixed Use(in Centers) - retail,
residential, commercial, employment,
office, institutional, and open space
within Places29 Master Plan. (JT
Newberry)
AND
SP-2015-00034 Salam LLC—Body
Shop
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 2
MAGISTERIAL DISTRICT: Rio
TAX MAP/PARCEL:
061 W0020A00200
LOCATION: 1189 Seminole Trail. East
side of Seminole Trail(Rt. 29), 200 feet
south of intersection with Greenbrier
Drive(Rt. 866).
PROPOSAL: To permit a body shop in
conjunction with the existing auto repair
shop and proposed motor vehicle sales.
PETITION: Body shop under Section
22.2.2(12)of the Zoning Ordinance. No
dwelling units proposed. Concurrent
with SP application SP201500031.
ZONING: Cl —Commercial,which
allows retail sales and service;
residential by special use permit(15
units/acre).
ENTRANCE CORRIDOR: Yes
AIRPORT IMPACT OVERLAY: Yes
COMPREHENSIVE PLAN: Urban
Mixed Use(in Centers) -retail,
residential,commercial, employment,
office, institutional, and open space
within Places29 Master Plan. (JT
Newberry)
RECOMMEND APPROVAL OF SP-
2015-00031 (Motor Vehicle Sales),by
a vote of 6:0, (Spain absent)with the
conditions as shown in the staff
presentation and shown in Attachment
2.
RECOMMEND APPROVAL OF SP-
2015-00034 (Body Shop),by a vote of
6:0, (Spain absent)with the conditions
as shown in the staff presentation and
shown in Attachment 2.
4d. Public Hearing Items
Clerk:
ZTA-2016-00005 Family Day Home • Action Letter — Recommend Approval as
The Planning Commission will hold a noted in the actions.
public hearing to receive comments on • This matter will be forwarded to the Board of
its intent to recommend adoption of an Supervisors to be heard on a date to be
ordinance amending Sec. 18-5.1.56 to determined.
reduce the maximum number of children
receiving child care services in a
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 3
Los
dwelling unit that would be considered
and regulated as a single family use
from 5 to 4 children, and to reduce the
minimum number of children receiving
child care services in a dwelling unit
licensed and regulated as a family day
home by the Virginia Department of
Social Services from 6 to 5 children, all
as provided by Virginia Code § 15.2-
2292 and other State laws. 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. (Rebecca
Ragsdale)
RECOMMEND APPROVAL of the
draft ordinance in Attachment B of the
ZTA-2016-00005 Family Day Home
staff report. (See Attachment B of staff
report)
5. Old Business Secretary:
• Discussion held on community • Staff to work with Chair and Vice-Chair to
meeting process and factors that schedule work session dates in
could potentially trigger a second May/June/July/August period for all four
public meeting. items individually. (Note: June 14th Farm
• Discussion about determination of Wineries,with proffer policy possibly on June
notification area when project lies on 28th, affordable housing and ZTA Inns and
boundary of two CCAC's with a Tavern expansion possibly in August)
suggestion that both CCAC chairs be
notified of the community meeting.
• Comment taken from Neil
Williamson, Free Enterprise Forum
about public concerns with CAC's
level of support and professionalism
some are operating under; and to
encourage the Commission to leave
public comment open at the end of
the agenda as a test.
• Discussion of scheduling future
work sessions on four educational
session topics in
May/June/July/August period.
6. New Business Secretary:
• By a vote of 6:0 (Spain absent) the • Add public comment at the end of agenda
Commission agreed to experiment (before old business) for three-month trial
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 4
*to11rd'
for the next three months with period as noted in the actions.
providing a second opportunity after
all of the public hearings and before
new and old business to receive
public comments under the same
time limits the Commission
currently applies, and to allow
comments on all topics, instead of
limiting them to those matters not on
the agenda.
• The next meeting will be held on
Tuesday,May 10, 2016 at 6:00 p.m.
7. Adjourn to May 10,2016 Albemarle
County Planning Commission meeting,
6:00 p.m., County Office Building,
Auditorium,401 McIntire Road,
Charlottesville,Virginia.
• The meeting was adjourned at 7:26
p.m.
Attachment 1 —SP-2016-00006 Generations Montessori School—Planning Commission
Recommendation
Attachment 2—SP-2015-00031 Rio Salam LLC—(Motor Vehicle Sales) and SP-2015-
00034 Salam LLC—(Body Shop)—Planning Commission Recommendation
Attachment 3 -ZTA-2016-00005 Family Day Home—Planning Commission
Recommendation
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 5
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ATTACHMENT 1
SP-2016-00006 Generations Montessori School—
Planning Commission Recommended Conditions of Approval
1. Use of site shall be in general accord with the concept plan "Generations
Montessori School in Broadus Memorial Baptist Church" signed and dated by
Rita Pace, 04/11/2016, as determined by the Director of Planning and the Zoning
Administrator. To be in general accord with this plan, development and use of the
site shall reflect the general size, arrangement and location of the existing church
facility and outdoor play areas. Minor modifications to the plan which do not
conflict with the elements above may be made to ensure compliance with the
Zoning Ordinance;
2. Enrollment shall not exceed fifty(50) students; and
3. The hours of operation for the school shall not begin earlier than 7:30 A.M. and
shall not end later than 5:30 P.M., each day, Monday through Friday, except that
occasional school-related events may occur after 5:30 P.M.
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 6
Attachment 2—
SP-2015-00031 Rio Salam LLC—Motor Vehicle Sales and SP-2015-00034 Salam
LLC—Body Shop—Planning Commission Recommendation
The Planning Commission recommends approval of SP-2015-00031 (Motor Vehicle
Sales)with the following conditions:
1. Use of site shall be in general accord with the concept plan "Concept Plan for
Salam, LLC" signed by Salam Altallal and dated 5/3/2016 as determined by the
Director of Planning and the Zoning Administrator. To be in general accord with
this plan, development and use of the site shall reflect the general size,
arrangement and location of the sales area,parking area for sales vehicles and
parking area for body shop vehicles. Minor modifications to the plan which do not
conflict with the elements above may be made to ensure compliance with the
Zoning Ordinance;
2. Not more than five(5)vehicles may be made available for sale outdoors at any
time.
The Planning Commission recommends approval of SP-2015-00034 (Body Shop) with
the following conditions:
1. Use of site shall be in general accord with the concept plan"Concept Plan for
Salam, LLC" signed by Salam Altallal and dated 5/3/2016 as determined by the
Director of Planning and the Zoning Administrator. To be in general accord with
this plan, development and use of the site shall reflect the general size,
arrangement and location of the sales area,parking area for sales vehicles and
parking area for body shop vehicles. Minor modifications to the plan which do not
conflict with the elements above may be made to ensure compliance with the
Zoning Ordinance;
2. Not more than five(5)vehicles may be parked or stored outdoors for body shop
work at any time.
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 7
(1•10 11J
Attachment 3—
ZTA-2016-00005 Family Day Home—Planning Commission Recommendation
(Attachment B of Staff Report)
Date:04/11/16
ORDINANCE NO. 16-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC
REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia,that
Chapter 18, Zoning, Article II, Basic Regulations, is hereby amended and reordained as
follows:
By Amending:
Sec.5.1.56 Family day homes
Chapter 18. Zoning
Article II. Basic Regulations
Sec.5.1.56 Family day homes
Each family day home shall be subject to the following:
a. Care for five four or fewer children. Each family day home providing care for five(5)
four(4)or fewer children under the age of thirteen(13),exclusive of the provider's own
children and any children who reside in the home,shall be regulated as a single-family
residential use.
b. Care for mere not fewer than five but not more than twelve children.Each family day
home providing care for mom not fewer than five(5)but not more than twelve(12)
children under the age of thirteen(13),exclusive of the provider's own children and any
children who reside in the home, shall be subject to the following:
1. Traffic. The additional traffic generated by a family day home,excluding trips
associated with the dwelling unit,shall not exceed twenty-four(24)vehicle round
trips per day.For the purposes of this section,a"vehicle round trip"means one
vehicle entering and exiting the site.The limitation on the number of vehicle
round trips per day may be waived or modified by special exception. In acting on
a special exception,the board shall consider whether the waiver or modification
of the number of vehicle round trips per day will change the character of the
neighboring agricultural area or the residential neighborhood,as applicable,and
whether the additional vehicle trips per day will be a substantial detriment to
abutting lots.Notice of the application for a special exception shall be posted as
provided in section 33.4(m)(2).
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 8
2. Parking.Each family day home shall provide one(1)parking space plus one(1)
parking space for each additional employee.The parking spaces may be located
on-site,on the street where authorized by law,or in a parking lot safe and
convenient to the family day home.
3. Entrance and access.In conjunction with each application for a zoning
clearance,the zoning administrator shall identify,if necessary,the applicable
design and improvements required that are at least the minimum necessary to
protect public health and safety by providing safe ingress and egress to and from
the family day home site,safe vehicular and pedestrian circulation on the site,
and the control of dust as deemed appropriate in the context of the use.The
zoning administrator may consult with the county engineer or the Virginia
Department of Transportation regarding the minimum design and improvements
for the entrance and access.
4. State licensure.Each family day home shall acquire and maintain the required
licensure from the Virginia Department of Social Services.The owner or
operator of the family day home shall provide a copy of the license to the zoning
administrator.The owner or operator's failure to provide a copy of the license to
the zoning administrator shall be deemed to be willful noncompliance with the
provisions of this chapter.
5. Inspections by fire official.The Albemarle County fire official is authorized to
conduct periodic inspections of the family day home. The owner or operator's
failure to promptly admit the fire official onto the premises and into the dwelling
unit to conduct an inspection in a manner authorized by law shall be deemed to
be willful noncompliance with the provisions of this chapter.
6. Waivers or modifications by special exception. Except as provided in subsection
(b)(1),no requirement of this section may be waived or modified.
7. Zoning clearance and notice of request.No family day home shall commence
without a zoning clearance issued under section 31.5,subject to the following:
a. Notice to abutting lot owners.At least thirty(30)days prior to acting on
the zoning clearance,the zoning administrator shall provide written
notice of the application for a zoning clearance to the owner of each
abutting lot under different ownership than the lot on which the proposed
family day home would be located.The notice shall identify the
proposed family day home,its size and capacity,its location,and
whether a special exception under subsection(b)(1)is requested.The
notice shall invite the recipient to submit any comments before the
zoning clearance is acted upon.The notice shall be mailed or hand
delivered at least thirty(30)days prior to the action on the zoning
clearance.Mailed notice shall be sent by first class mail.Notice mailed
to the owner of each lot abutting the site shall be mailed to the last
known address of the owner,and mailing the notice to the address shown
on the current real estate tax assessment records of the county shall be
deemed to be compliance with this requirement.
b. Special exception. If the zoning administrator receives a written
objection to the family day home from the owner of an abutting lot
within thirty(30)days after the notice was mailed or delivered,the
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 9
SOO
zoning clearance shall not be approved until after the applicant obtains a
special exception for the family day home as provided in sections 33.5
and 33.9. In acting on a special exception,the board shall consider
whether the proposed use will be a substantial detriment to abutting lots.
8. Relationship to other laws.The provisions of this section are supplementary to
all other laws and nothing herein shall be deemed to preclude application of the
requirements of the Virginia Department of Social Services,Virginia Department
of Health,Virginia State Fire Marshal,or any other local,state or federal agency.
(§ 5.1.0.6, 12-10-80; Ord. 01-18(6), 10-3-01; § 5.1.56, Ord. 13-18(5), 9-11-13)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a
vote of to , as recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Ave Nay
Mr. Dill
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Mr. Sheffield
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 10
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COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: Staff:
SP2015000031 Motor Vehicle Sales J.T. Newberry, Planner
SP2015000034 Body Shop
Planning Commission Public Hearing: May 3, 2016 Board of Supervisors Public Hearing: TBA
Owner: RMD Properties, LLC Applicant: Salam Altallal
Acreage: 3.23 acres Special Use Permit: 22.2.2(8), Motor vehicle sales
and 22.2.2(12), Body shop
TMP: 061W0-02-0A-00200 Existing Zoning and By-right use: C l -
Location: 1189 Seminole Trail Commercial -retail sales and service; residential by
special use permit (15 units/acre)
Magisterial District: Rio Conditions: Yes
Development Area: Places29 Master Plan Requested # of Dwelling Units: N/A
Proposal: Request for the sale of motor vehicles Comprehensive Plan Designation: Urban Mixed
associated with an existing auto repair shop and Use (in Centers) - retail, residential, commercial,
proposed body shop. employment, office, institutional, and open space
within Places29 Master Plan
Character of Property: The subject property Use of Surrounding Properties: A wide variety
contains three buildings. The largest structure fronts of commercial, institutional and light
on Rt. 29 and is surrounded by paved parking areas. manufacturing uses.
Two subordinate buildings are located behind it with
fenced and graveled storage areas behind them.
Factors Favorable Factors Unfavorable
1. The request is consistent with the 1. VDOT prefers consolidation of
Comprehensive Plan. entrances; however, the traffic impacts
2. The proposed uses utilize an existing do not appear to warrant the changes to
building, which provides for a more the frontage at this time.
economical use of land.
RECOMMENDATION: Staff recommends approval of these special use permits, with conditions.
STAFF PERSON: J.T. Newberry
PLANNING COMMISSION: May 3, 2016
BOARD OF SUPERVISORS: TBA
PETITIONS:
PROJECT: SP201500031 Salam LLC —Motor Vehicle Sales
MAGISTERIAL DISTRICT: Rio
TAX MAP/PARCEL: 061 W0020A00200
LOCATION: 1189 Seminole Trail. East side of Seminole Trail (Rt. 29), 200 feet south of
intersection with Greenbrier Drive(Rt. 866).
PROPOSAL: To permit the sale of motor vehicles associated with existing auto repair
shop and proposed body shop.
PETITION: Motor vehicle sales in communities and the urban area as designated in the
Comprehensive Plan under Section 22.2.2(8) of the Zoning Ordinance. No dwelling units
proposed. Concurrent with SP application SP201500034.
ZONING: Cl —Commercial, which allows retail sales and service; residential by special
use permit (15 units/acre).
ENTRANCE CORRIDOR: Yes
AIRPORT IMPACT OVERLAY: Yes
COMPREHENSIVE PLAN: Urban Mixed Use (in Centers) -retail, residential,
commercial, employment, office, institutional, and open space within Places29 Master
Plan.
PROJECT: SP201500034 Salam LLC—Body Shop
MAGISTERIAL DISTRICT: Rio
TAX MAP/PARCEL: 061 W0020A00200
LOCATION: 1189 Seminole Trail. East side of Seminole Trail (Rt. 29), 200 feet south of
intersection with Greenbrier Drive (Rt. 866).
PROPOSAL: To permit a body shop in conjunction with the existing auto repair shop and
proposed motor vehicle sales.
PETITION: Body shop under Section 22.2.2(12) of the Zoning Ordinance. No dwelling
units proposed. Concurrent with SP application SP201500031.
ZONING: Cl —Commercial, which allows retail sales and service; residential by special
use permit(15 units/acre).
ENTRANCE CORRIDOR: Yes
AIRPORT IMPACT OVERLAY: Yes
COMPREHENSIVE PLAN: Urban Mixed Use (in Centers) -retail, residential,
commercial, employment, office, institutional, and open space within Places29 Master
Plan.
CHARACTER OF THE AREA:
The subject parcel is adjacent to the City-County boundary along Route 29 North (see
Attachment A). The surrounding area is almost entirely developed with a wide variety of
commercial, institutional and light manufacturing uses, including a nursing home, restaurant,
grocery store and auto repair shop. The parcel located immediately behind the subject parcel is
vacant and contains a mature wooded buffer at its rear.
2
The property is improved with three structures. The largest building is occupied by the C'ville
Oriental Market. It fronts on Route 29 and is approximately 11,900 square feet. The other two
structures are located at the back of the parcel and each is approximately 3,000 square feet. One
structure contains the Kleen 'N' Team Cleaning Company and the other is occupied by C'ville
29 Auto Repair, which is operated by the applicant. The Hibachi Grill and Supreme Buffet is
located to the south of the subject parcel and lies within the limits of the City of Charlottesville.
PLANNING AND ZONING HISTORY:
• SDP-100 R.M. Davis Motors—Final Site Plan
• VA197500024—Relief from 30 foot sign setback requirement(approved w/conditions)
• VA197500027—Request to allow three freestanding signs on one parcel in B-1 zone
(denied)
• VA198400070—Request to allow an additional 104 square feet of wall signage
(approved w/conditions)
• SDP 199400049—Minor amendment to construct structural overhang on existing sales
and service department of Brown Auto (approved)
DETAILS OF THE APPLICANTS' PROPOSAL:
The applicant requests special use permit approval to establish a body shop within the existing
auto repair facility. He is also requesting permission to sell motor vehicles associated with the
existing auto repair facility and proposed body shop. Specifically, the applicant has requested
that up to five vehicles be available for sale and up to five vehicles be eligible to receive body
work. The applicant's concept plan designates specific parking areas for vehicles available for
sale and for vehicles awaiting body work (see Attachment B).
SUMMARY OF THE COMMUNITY MEETING:
The community meeting was held in conjunction with the Places29-Hydraulic Community
Advisory Committee(CAC) meeting on the evening of January 11th, 2016 in Greer Elementary
School. The applicant outlined the proposal and answered questions from CAC members.
Several members stated they felt there would be "no significant impact" from the proposal, but
others expressed concerns about the noise and paint fumes associated with the body shop. Staff
provided information about the remaining review process, including requirements for addressing
impacts such as noise and fumes.
ANALYSIS OF THE SPECIAL USE PERMIT REQUESTS:
Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of
Supervisors shall reasonably consider the following factors when reviewing and acting upon an
application for a special use permit:
No substantial detriment. The proposed special use will not be a substantial detriment to
adjacent lots.
While no external improvements to the site are proposed with this request, there will be an
intensification of the existing use currently in operation with each of the additional proposed
uses. To mitigate potential impacts from the body shop, the applicant will need to obtain
several additional approvals from other state and local agencies following the special use
permit process. These agencies and their requirements include:
3
1. The Engineering Division will require a Certified Engineer's Report to address
impacts such as noise, vibration, heat, glare, electrical disturbance, air emissions and
water discharges.
2. The Department of Environmental Quality(DEQ) will lead the review and installation
of the paint booth, including the review of necessary air pollution control equipment.
3. The Fire Marshal's Office will ensure any flammable, hazardous or explosive
materials are properly stored and that wastes are properly disposed. The site may be
subject to annual inspections, which are prioritized based on the level of threat posed
by the materials being used.
4. The Zoning Division will confirm all of the above approvals have been obtained
before amending the existing zoning compliance clearance. If the special use permit
request for motor vehicle sales is approved, then the Zoning Division will also sign the
applicant's application for a Dealer's License with the Division of Motor Vehicles
(DMV).
These reviews will help mitigate the potential for any initial or on-going impact to
surrounding area.
To further mitigate potential impacts to adjoining properties and the Entrance Corridor, the
applicant worked diligently with staff to locate parking areas behind existing buildings, as
specified on the concept plan. The concept plan confirms there is both sufficient space and
appropriate parking locations to operate at the proposed scale without impacting scenic
resources in the area. Additionally, there is an approximately 50 foot wide buffer of mature
trees between the subject area and the vacant parcel behind it.
Staff believes these requests will not be a substantial detriment to adjacent lots.
Character of district unchanged. The character of the district will not be changed by the
proposed special use.
The proposed uses will locate in an existing building and parking areas within a largely
developed area adjacent to the City of Charlottesville. Prior to Charlottesville Power
Equipment locating on this parcel in 2008, this site was used for motor vehicle sales, service,
repair and body work for more than 30 years. However, the area is transitioning from a light
industrial character to one that contains a variety of commercial and neighborhood service
uses. The one undeveloped parcel in this district lies behind the subject area and is also zoned
Cl Commercial.
Staff finds the proposed uses to be in keeping with the character of the existing site and
surrounding area.
Harmony. The proposed special use will be in harmony with the purpose and intent of this
chapter, with the uses permitted by right in the district,
Section 1.4.4 of the zoning ordinance states that one of the purposes of this chapter is "to
facilitate the provision of adequate police and fire protection, disaster evacuation, civil
defense, transportation, water, sewerage, flood protection, schools, parks, forests,
4
playgrounds, recreational facilities, airports and other public requirements." The proposed
uses are in harmony with this intent.
Although this proposal technically constitutes two special use permits, there are many other
by-right uses in the district that are similar. Beyond truck and auto repair as a by-right use,
there are uses like automobile service stations, furniture and home appliance sales and service,
and manufacturing/processing/assembly/fabrication and recycling (under 4,000 square feet).
The proposed uses are viewed to be in harmony with the purpose and intent of the zoning
ordinance and with the uses permitted by right in the district.
...with the regulations provided in section 5 as applicable,
Section 5.1.31 contains four supplemental regulations applicable to the proposed body shop
and adherence to the proposed concept plan will ensure compliance with these regulations:
(a) All parts, materials and equipment shall be stored within an enclosed building.
(b) No vehicle awaiting repair shall be located on any portion of the site so as to be
visible from any public street or any residential property, and shall be limited to
locations designated on the approved site plan.
(c) All services shall be performed within an enclosed building.
(d) No buildings in which services are performed shall be located closer than fifty(50)
feet from any residential or agricultural district.
...and with the public health, safety and general welfare.
During review of these two special use permits, VDOT raised concerns about traffic
management for the site. There are two points of ingress and egress on this 3.23 acre parcel
and a total of six entrances in the 550 feet between the Hibachi Grill site and the intersection
at Greenbrier Drive. Each of these entrances creates a"conflict point"where vehicles leaving
a site intersect with traffic heading northbound on Route 29, which creates additional
opportunities for accidents. An abundance of entrances can also impede traffic flow as drivers
choose between multiple options to make their turning movement. For these reasons, VDOT
recommended the applicant consolidate this site's two entrances into one point of access.
The Places29 Master Plan contains both near-term and long-term access management
strategies for the Route 29 corridor. The entrance most likely to serve the subject area has a
near-term recommendation to change from a "right-in, right-out" entrance to an"out only"
entrance (see Entrance 3F in Attachment C).
While consolidating entrances is a goal for the Route 29 corridor, to do so would have
required substantial site work that is disproportionate to the impacts created by the proposed
uses, especially in a case where no other changes to the site were proposed. A conservative
estimate of the traffic generated by the proposed uses from the Institute of Transportation
Engineers (ITE) Manual yielded an average of just 42.5 daily vehicle trips. This impact is
quite small on a corridor carrying approximately 46,000 vehicles per day(VDOT, 2013).
At the proposed scale, staff found this size of an impact could not justify the structural
improvements required to implement the near-term access management strategy. In this case,
5
the proposed uses are not new, but complimentary to the existing use and the traffic impact is
accordingly minimal.
Staff finds that the proposed use should not adversely impact the public health, safety and
general welfare of residents of the County.
Consistency with the Comprehensive Plan. The use will be consistent with the
Comprehensive Plan.
The Places29 Master Plan designates this site as a Neighborhood Service Center(NS) within
Urban Mixed Use (in Centers) (see Attachment D). A primary use for NS areas is"auto
commercial sales and service"under certain criteria: activities within a building, potential
nuisance impacts do not adversely impact surrounding uses and a maximum building footprint
of 7,500 square feet.
The proposed uses meet these criteria. The building footprint is 3,000 square feet. The body
shop will be operated within a portion of the existing building. The proposed storage areas for
vehicles awaiting body work and for vehicles awaiting to be sold will use the existing storage
area associated with the by-right auto repair use. Staff finds the proposed use is consistent
with the Comprehensive Plan.
Because the proposed use does not involve any physical improvements to the site, provision
of a full Neighborhood Model analysis is not provided in this staff report.
SUMMARY AND ACTION:
Staff has identified factors which are favorable and unfavorable to the motor vehicle sales
proposal, SP201500031. Favorable factors include:
1. The request is consistent with the Comprehensive Plan.
2. The proposed uses utilize an existing building, which provides for a more economical
use of land.
Unfavorable factors include:
1. VDOT prefers consolidation of entrances; however, the traffic impacts do not appear
to warrant the changes to the frontage at this time.
Staff has identified factors which are favorable and unfavorable to the body shop proposal,
SP201500034. Favorable factors include:
1. The request is consistent with the Comprehensive Plan.
2. The proposed uses utilize an existing building, which provides for a more economical
use of land.
Unfavorable factors include:
1. VDOT prefers consolidation of entrances; however, the traffic impacts do not appear
to warrant the changes to the frontage at this time.
RECOMMENDATIONS:
Staff recommends approval of SP201500031 (Motor Vehicle Sales) and SP201500034 (Body
6
Shop)based upon the analysis provided herein, with the following conditions:
1. Use of site shall be in general accord with the concept plan "Concept Plan for Salam,
LLC" as determined by the Director of Planning and the Zoning Administrator. To be
in general accord with this plan,development and use of the site shall reflect the general
size, arrangement and location of the sales area, parking area for sales vehicles and
parking area for body shop vehicles. Minor modifications to the plan which do not
conflict with the elements above may be made to ensure compliance with the Zoning
Ordinance;
2. Not more than five (5)vehicles may be made available for sale at any time.
3. Not more than five (5)vehicles may be stored for body shop work at any time.
PLANNING COMMISSION MOTION:
A. Should a Planning Commissioner choose to recommend approval of the special use permit
for motor vehicle sales:
Move to recommend approval of SP201500031 (Motor Vehicle Sales) with the following
conditions:
1. Use of site shall be in general accord with the concept plan "Concept Plan for Salam,
LLC" as determined by the Director of Planning and the Zoning Administrator. To be
in general accord with this plan,development and use of the site shall reflect the general
size, arrangement and location of the sales area, parking area for sales vehicles. Minor
modifications to the plan which do not conflict with the elements above may be made
to ensure compliance with the Zoning Ordinance;
2. Not more than five (5)vehicles may be made available for sale at any time.
B. Should a Planning Commissioner choose to recommend denial of this special use permit:
Move to recommend denial of SP201500031 (Motor Vehicle Sales). Should a commissioner
motion to recommend denial, he or she should state the reason(s)for recommending denial.
C. Should a Planning Commissioner choose to recommend approval of the special use permit
for a body shop:
Move to recommend approval SP201500034 (Body Shop) with the following conditions:
1. Use of site shall be in general accord with the concept plan "Concept Plan for Salam,
LLC" as determined by the Director of Planning and the Zoning Administrator. To be
in general accord with this plan,development and use of the site shall reflect the general
size, arrangement and location of the parking area for body shop vehicles. Minor
modifications to the plan which do not conflict with the elements above may be made
to ensure compliance with the Zoning Ordinance;
2. Not more than five (5)vehicles may be stored for body shop work at any time.
D. Should a Planning Commissioner choose to recommend denial of this special use permit:
Move to recommend denial of SP201500034 (Body Shop). Should a commissioner motion to
recommend denial, he or she should state the reason(s)for recommending denial.
7
E. Should a Planning Commissioner choose to recommend approval of both special use permits:
Move to recommend approval of SP201500031 (Motor Vehicle Sales) and SP201500034
(Body Shop) with the conditions outlined in the staff report.
F. Should a Planning Commissioner choose to recommend denial of these special use permits:
Move to recommend denial of SP201500031 (Motor Vehicle Sales) and SP201500034 (Body
Shop).Should a commissioner motion to recommend denial, he or she should state the reason(s)
for recommending denial.
ATTACHMENTS:
Attachment A—Area Map
Attachment B—Concept Plan
Attachment C —Access Management Strategy
Attachment D—Comprehensive Plan Map
8
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Albemarle County Planning Commission
May 3, 2016
The Albemarle County Planning Commission held a regular meeting on Tuesday, May 3, 2016,
at 6:00 p.m., at the County Office Building, Room 241, Second Floor, 401 McIntire Road,
Charlottesville, Virginia.
Members attending were Mac Lafferty, Karen Firehock, Vice Chair; Pam Riley, Jennie More,
Bruce Dotson, Tim Keller, Chair and Bill Palmer, UVA Representative. Absent was Daphne
Spain.
Other officials present were J.T. Newberry, Planner; Rebecca Ragsdale, Senior Planner; David
Benish, Acting Director of Planning; Sharon Taylor, Clerk to Planning Commission and Greg
Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Keller, Chair, called the meeting to order at 6:00 p.m. and established a quorum.
Committee Reports
Mr. Keller invited committee reports. There being none, the meeting moved to the next agenda
item.
Other Matters Not Listed on the Agenda from the Public:
Mr. Keller invited comment from the public on other matters not listed on the agenda. There
being none, the meeting moved to the next agenda item.
Public Hearing Items
4b. SP-2015-00031 Rio Salam LLC—Motor Vehicle Sales
MAGISTERIAL DISTRICT: Rio
TAX MAP/PARCEL: 061 W0020A00200
LOCATION: 1189 Seminole Trail. East side of Seminole Trail (Rt. 29), 200 feet south of
intersection with Greenbrier Drive (Rt. 866).
PROPOSAL: To permit the sale of motor vehicles associated with existing auto repair
shop and proposed body shop.
PETITION: Motor vehicle sales in communities and the urban area as designated in the
Comprehensive Plan under Section 22.2.2(8) of the Zoning Ordinance. No dwelling units
proposed. Concurrent with SP application SP-2015-00034.
ZONING: Cl —Commercial, which allows retail sales and service; residential by special
use permit(15 units/acre).
ENTRANCE CORRIDOR: Yes
AIRPORT IMPACT OVERLAY: Yes
COMPREHENSIVE PLAN: Urban Mixed Use (in Centers) - retail, residential, commercial,
employment, office, institutional, and open space within Places29 Master Plan. (JT
Newberry)
AND
ALBEMARLE COUNTY PLANNING COMMISSION—MAY 3,2016 1
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(Draft Partial Minutes)
%PO 111111)
4c. SP-2015-00034 Salam LLC— Body Shop
MAGISTERIAL DISTRICT: Rio
TAX MAP/PARCEL: 061 W0020A00200
LOCATION: 1189 Seminole Trail. East side of Seminole Trail (Rt. 29), 200 feet south of
intersection with Greenbrier Drive (Rt. 866).
PROPOSAL: To permit a body shop in conjunction with the existing auto repair shop and
proposed motor vehicle sales.
PETITION: Body shop under Section 22.2.2(12) of the Zoning Ordinance. No dwelling
units proposed. Concurrent with SP application SP-2015-00031.
ZONING: Cl —Commercial, which allows retail sales and service; residential by special
use permit(15 units/acre).
ENTRANCE CORRIDOR: Yes
AIRPORT IMPACT OVERLAY: Yes
COMPREHENSIVE PLAN: Urban Mixed Use (in Centers) - retail, residential, commercial,
employment, office, institutional, and open space within Places29 Master Plan. (JT
Newberry)
Mr. Newberry presented a PowerPoint presentation on two special use permit requests for SP-
2015-00031 Rio Salam LLC — Motor Vehicle Sales and SP-2015-00034 Salam LLC — Body
Shop.
History of Request:
• Mr. Altallal came to our office seeking a business license to expand an existing auto
repair shop with a body shop as well as some limited motor vehicle sales.
• We went through several different ways of accomplishing this with two mandatory pre-
application meetings in March of 2015 and June of 2015.
• The application was officially accepted for review in December of 2015
• The applicant attended the Places 29-Hydraulic Community Advisory Committee (CAC)
Meeting on January 11th, 2016
Area Map and Overview of Request:
Staff reviewed an area map in the slides and pointed out the property was located on 29North
near the intersection with Greenbrier Drive. The applicant's proposal focuses on the back
structure and area of the site at 1189 Seminole Trail, which is where Mr. Altallal operates his
existing auto repair facility.
The concept plan in Attachment B was submitted by the applicant. The concept plan shows the
specific areas for parking and storage for vehicles to be made available for sale and for body
shop vehicles that are awaiting repair to be held. It also shows the customer parking and the
existing chain link fence around the back area of the site.
In a virtual field trip on this request Mr. Newberry pointed out the following in the photographs:
- The frontage along Route 29 as you approach the vantage point of this picture is from
within the city of Charlottesville because the property is located right on the city/county
line. Moving forward staff pointed out looking down the subject parcel you can see just
barely the front of his store. As you go back, staff pointed out where the concept plan
identifies some customer parking. He pointed out the front of the existing auto repair
facility and the proposed area for motor vehicle sales. It is tucked behind the C'ville
Oriental Grocery Store and also on the side of his building.
ALBEMARLE COUNTY PLANNING COMMISSION—MAY 3,2016 2
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- Looking north from the city of Charlottesville to the side of his shop, there is existing
vegetation that lines the back storage area. As we go back around the site he just
wanted the Commission to be able to see the existing wooded buffer on the vacant
parcel behind the applicant's site. You can see that the visibility right now is buffered by
this vegetation.
- Circling back after walking up Greenbrier Drive coming down Route 29 staff noted the
vantage point looking south. As you turn into the site you can see that the visibility of the
C'ville Oriental Market and the adjacent building to the north, which is currently occupied
by a cleaning company, eliminates visibility from the Entrance Corridor.
Favorable Factors:
1. The request is consistent with the Comprehensive Plan.
2. The proposed uses utilize an existing building, which provides for a more economical
use of land.
Factors Unfavorable:
1. VDOT prefers consolidation of entrances; however, the traffic impacts do not appear to
warrant the changes to the frontage at this time.
Staff Recommendation:
At the proposed size and scale, staff recommends approval of both special use permit requests,
subject to the following conditions:
• Use of site shall be in general accord with the concept plan "Concept Plan for Salam,
LLC" signed by Salam Altallal and dated 5/3/2016 as determined by the Director of
Planning and the Zoning Administrator. To be in general accord with this plan,
development and use of the site shall reflect the general size, arrangement and location
of the sales area, parking area for sales vehicles and parking area for body shop
vehicles. Minor modifications to the plan which do not conflict with the elements above
may be made to ensure compliance with the Zoning Ordinance;
• Not more than five (5)vehicles may be made available for sale outdoors at any time.
• Not more than five (5) vehicles may be parked or stored outdoors for body shop work at
any time.
For consideration the motions have been split up for each special use permit request. There is
a proposed motion for motor vehicle sales and a proposed motion for body shop. With that, Mr.
Newberry offered to take any questions.
Mr. Keller invited questions for staff.
Mr. Lafferty asked will the motor vehicle sales be the ones that have been repaired or will the
applicant be bringing stuff in from auctions.
Mr. Newberry replied that his understanding is the applicant would like to purchase vehicles
from auction and repair them to make them available for sale.
Ms. Firehock noted she cannot see the scale on the concept plan since it is too blurry. She
asked if this request falls in under the Entrance Corridor review and has that been conducted.
Mr. Newberry replied for the Entrance Corridor review staff looked at this plan and determined
that there would be no impact on the Entrance Corridor based on the existing buildings and
ALBEMARLE COUNTY PLANNING COMMISSION—MAY 3,2016 3
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(Draft Partial Minutes)
1111111)
where the limitations of the parking areas are on the concept plan.
Mr. Dotson noted he had one small technical question. In looking at the concept plan the
parking for the sales vehicle would appear to be right on the property line and the city/county
line. He asked do we require any setback for parking when we are dealing with adjacent
commercial districts; or, perhaps he is taking this too literally and that at the site plan stage any
setback would be addressed.
Mr. Newberry agreed that the existing final site plan will need to be amended to reflect the
parking areas, and he was not aware of any setback for parking in this area.
Mr. Dotson asked if staff has had comments from the city on this, and Mr. Newberry replied no.
Mr. Keller opened the public hearing for the applicant and public comment and invited the
applicant to address the Commission.
Salam Altallal, the applicant, said he has the transportation company and many times has
needed to buy cars from the dealer and they charge him a lot. After three or more years in
business he was thinking why he went to the dealer to buy cars and not the auction. So he
went three or four times with his dealer friend to the auction and saw the difference in price he
had paid when he bought cars. Thus, he decided to take that dealership license so he could
buy many cars from the auction; fix any problem in the cars; and then use the cars in his
business. At the same time he can sell the car to public people at the cheaper price because he
knows what that means when he takes the car from the dealer's high price. Thus I put this idea
in my mind to say okay he would buy the car for his business and sell it to public people if they
need a car; fix it and sell it at that price for the dealers.
Mr. Keller invited other questions for the applicant.
Ms. Riley noted that this is more of an aesthetic question about the appearance of property
since she drove over there today and think it looks like a great business. She knows it is not
required in this process; however, she was just wondering along the side where the vegetation
is whether there is any interest on your part to do some additional landscaping or just to improve
the appearance of the property.
Mr. Altallal replied that he will do both of them since he has a big area where he can put the
fence that may take 100 cars and he buys 1, 2, 3 cars in maybe a week or more. He has a lot
of space and parking and if anything is extra he can put it in there. He has a good relationship
with his neighbors. He is very happy with his neighbors and they are happy with him. That is
the idea that came to him because he had finished at the university and had learned a lot from
his education. He bought the cars from the dealer and they charged him a lot so he decided to
take this license and buy some cars at a cheaper price and the extra cars if he buys two or three
he can sell to the public at a cheaper price.
Mr. Keller thanked Mr. Altallal and asked if there were any other questions.
Mr. Lafferty said he assumed Mr. Altallal had worked out some kind of agreement about the
customer parking lot next to the Oriental Market since it is the one closest to 29 where it looks
like there would be parking parallel to the Oriental Market.
ALBEMARLE COUNTY PLANNING COMMISSION—MAY 3,2016 4
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(Draft Partial Minutes)
Mr. Altallal replied he parked on his side and not on the building line. He parked here for three
years and now he parks all the customer cars there. He did not have any problem with his
neighbor and will talk with him and ask him again to double check so maybe when he needs to
take the license they will say it was okay.
Mr. Newberry pointed out to Mr. Lafferty that the owner of C'ville Oriental Market did contact
staff and was concerned since he thought that the vehicles were going to be parked out in front
of his store. However, once the owner of C'ville Market saw the concept plan he had no issues
with it.
Ms. More pointed out on the same map it was showing those five spots that were just in
question; however, there is secured parking area for sales vehicles up to five. She questioned
the potential for more than five cars to be for sale at one time and if that is a different area that
they would be stored in.
Mr. Newberry replied no, actually that was delineated on the concept plan just to demonstrate
that there was room. The sales area right now is outside of the chain link fence. But, staff was
very sensitive to the Entrance Corridor and wanted to demonstrate there was room behind the
building for the sales vehicles if they needed to be moved from the area outside to the back. It
was just basically confirming there was room for all the vehicles associated with these uses to
not impact the Entrance Corridor.
Mr. Dotson asked can the Commission combine the two special use permits into one motion, or
do we need separate motions.
Mr. Kamptner suggested the Commission should have separate motions.
Mr. Keller invited public comment. The being none, the public hearing was closed to bring the
matter back to the Planning Commission for discussion and action.
Motion: Mr. Dotson moved that the Planning Commission recommend approval of SP-2015-31
for motor vehicle sales for the reasons outlined in the staff report and with the conditions shown
in the staff report.
Mr. Lafferty seconded the motion.
Mr. Keller invited further discussion.
Ms. More apologized since she did not mean to stop the things from moving forward; but, it was
mainly just the comments she noticed from the summary of the community meeting that was
held with the Hydraulic CAC. It did not sound like there was a lot of concern. However, there
was some questions about paint fumes and staff provided information about the remaining
review process that would address those concerns. There was an email that Commissioner
Dotson shared today, which she did not know if everyone had a chance to see, that sounds like
a Rio Citizen Advisory Committee (CAC) member is asking that question and requesting that it
be deferred so they could meet about it. However, it would seem after talking with
Commissioner Dotson that the appropriate CAC was the Hydraulic CAC. She asked if that was
correct. She just wanted to make sure their email concern was addressed and to draw attention
to it.
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(Draft Partial Minutes)
Ms. More said she does not know what other CAC's do with the process; however, she knows
that the Crozet CAC struggled some with accommodating the timeline for the community
meeting because often times not all the information is available and then having time to go back
and to revisit it once VDOT has made their report and there are other concerns that might arise.
That is the CAC's responsibility to choose how they choose to handle that. But, she knows that
is something that the CAC in Crozet struggles with to revisit after the community meeting to
make sure all that additional information is pulled in. She just wanted to point that out. She did
not know if the member of the Rio Community CAC was aware of that process having already
taken place at the Hydraulic Community meeting. She would encourage all of us to provide help
to CAC's and try to follow up with staff reports and things like that. Sometimes the community
meetings are lacking in information because they are held early in the process and you find
there is a lot more of the stuff that plays out. Sometimes it does not require any attention; but,
sometimes it does and she just wanted to draw a little bit of attention to that in light of the email.
Mr. Lafferty agreed that Ms. More is bringing up a very good point in there are some other
things that we need to consider when a project is just over the line between one Community
Advisory Committee (CAC) and the other; should they be notified; and do we have a
mechanism that notifies the contingent people there because the timing of information is very
important. He suggested when you get a group of people together you should give them as
much information as possible.
Mr. Keller agreed that it was all good points. He suggested the Commission hear from Mr.
Newberry.
Mr. Benish pointed out first, this property is not on the boundary; the boundary is Rio Road and
so this property squarely in the Hydraulic District. If something was on the boundary staff would
determine whether both CAC's would need to be notified or to have a unified meeting. So we
do take that into consideration. We have also scheduled items that are actually outside of the
CAC areas in the rural area, but that are on the fringes with some of the CAC's as well. Staff
does take that into consideration.
Mr. Benish pointed out the community meeting as it is structured in the ordinance is intended,
while not required by ordinance, is strongly encouraged to be an early meeting notice. The
purpose of it is to make the community aware that there is a proposal out there. There is no
requirement for follow up community meetings. Again, the intent was to provide an early notice
to the community so that they were aware of the project and we could seek the community's
input or clarify concerns about what the proposal is with the community. Community meetings
(CAC's) are not always used for those community meetings. When it is convenient to use them
we do. Quite often we use the CAC in the Pantops community; however, we have also held the
community meetings outside of the CAC area. So it is not mandated that the community
meetings be done at a CAC; however, staff tends to if there is one existing to consider using
those. But, that is a decision that we make on a case by case basis.
Mr. Newberry said he would add that the community meetings he had attended there
occasionally has been a frustration that there is not more information available. Staff does our
best to get contact information for anybody that is there and follow up as it becomes available.
He believes our current guidelines ask for the meeting to be within 30 days of receiving the
application so it is unlikely that we will have some of the bigger comments available to us at the
time and so we are really just answering questions about review process. However, if we can
ALBEMARLE COUNTY PLANNING COMMISSION—MAY 3,2016 6
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(Draft Partial Minutes)
get the contact information he thinks people have been relatively satisfied being a part as it
goes through the review process.
Ms. More said she was sensitive to the timeline for the community meetings and thinks the ones
that she has set in on as a liaison for the Planning Commission with the Crozet CAC that the
planners have done a really good job in outlining for the community in attendance and the CAC
what that process looks like. This was back in January so there has been ample time for people
to access that information. So she understands that and thinks that staff have done a good job
laying out that timeline and then getting that information out if the CAC requests. However, she
just thought it was an opportunity to draw attention to that process.
Mr. Lafferty said he was just wondering if a project came in and the developer said they are
putting this on R-6 land but are grandfathered. But, R-6 is 6 dwelling units per acre and by
some manipulation it suddenly goes to R-16 or R-18 would you require a public hearing. It
seems to me that is two different projects.
Mr. Keller suggested finishing with this applicant and project since there is a motion and maybe
under new business the Commission could continue this discussion.
Mr. Lafferty replied that he thinks that is wise.
Mr. Keller thanked Mr. Lafferty and asked if there is any further discussion on this motion.
Mr. Newberry noted that there were some minor edits in the conditions between the staff report
and what is on the screen that he had worked with Mr. Kamptner on. He suggested in the
motion that the Commission call attention to the conditions on the screen versus in the staff
report. He thinks that would be the most accurate and up to date conditions.
Mr. Dotson noted that was exactly what he intended.
Mr. Keller asked for a roll call.
The motion passed by a vote of 6:0. (Spain absent)
Mr. Keller noted that SP-2015-00031 would be forwarded to the Board of Supervisors with a
recommendation for approval on a date to be determined.
Motion: Mr. Dotson moved and Mr. Lafferty seconded that the Planning Commission
recommend to the Board of Supervisors approval of SP-2015-34 authorizing a body shop based
on the analysis of the staff and the conditions as shown on the screen.
1. Use of site shall be in general accord with the concept plan "Concept Plan for Salam,
LLC" signed by Salam Altallal and dated 5/3/2016 as determined by the Director of
Planning and the Zoning Administrator. To be in general accord with this plan,
development and use of the site shall reflect the general size, arrangement and location
of the sales area, parking area for sales vehicles and parking area for body shop
vehicles. Minor modifications to the plan which do not conflict with the elements above
may be made to ensure compliance with the Zoning Ordinance;
2. Not more than five (5)vehicles may be made available for sale outdoors at any time.
ALBEMARLE COUNTY PLANNING COMMISSION—MAY 3,2016 7
16-435-SP-2015-00031 and 34 Rio Salam LLC—Motor Vehicles Sales
(Draft Partial Minutes)
The motion passed by a vote of 6:0. (Spain absent)
Mr. Keller noted that SP-2015-00031 and SP-2016-00032 would be forwarded to the Board of
Supervisors with a recommendation for approval to be heard on a date to be determined.
(Submitted by Sharon C.Taylor,Clerk to Planning Commission&Planning Boards)
ALBEMARLE COUNTY PLANNING COMMISSION—MAY 3,2016 8
16-435-SP-2015-00031 and 34 Rio Salam LLC—Motor Vehicles Sales
(Draft Partial Minutes)
�n+' ``d♦
FINAL ACTIONS
Planning Commission Meeting of May 3,2016
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; Mr. Lafferty, Ms.
More and Ms. Riley. Absent was
Ms. Spain. Mr. Palmer, UVA
Representative was present.
• Staff present was J.T. Newberry,
Rebecca Ragsdale, David Benish,
Sharon Taylor and Greg Kamptner.
2. Committee Reports
• None
3. Other Matters Not on the Agenda Clerk:
from the Public No action required
• None
4a. Public Hearing Items. Staff:
• Action Letter— Recommend Approval of SP-
SP-2016-00006 Generations 2016-06 as noted in the actions.
Montessori School • This matter will be forwarded to the Board of
MAGISTERIAL DISTRICT: Rivanna Supervisors to be heard on a date to be
TAX MAP/PARCEL: 06200-00-00- determined.
025C0
LOCATION: 1525 Stony Point Road
PROPOSAL: Request for approval of a
private school for up to 50 students in
the existing Broadus Memorial Baptist
Church facility.
PETITION: Private schools under
Section 10.2.2.5 of the Zoning
Ordinance. No dwelling units proposed.
ZONING: RA, Rural Areas -
agricultural, forestal, and fishery uses;
residential density(0.5 unit/acre in
development lots)
ENTRANCE CORRIDOR: Yes
MANAGED AND PRESERVED
STEEP SLOPES: Yes
FLOOD HAZARD OVERLAY: Yes
SCENIC BYWAYS OVERLAY: Yes
COMPREHENSIVE PLAN: Urban
Density Residential—residential (6.01-
11140
34 units/acre); supporting uses such as
religious institutions, schools,
commercial, office and service uses
within Neighborhood 3 —Pantops
Master Plan. (JT Newberry)
RECOMMEND APPROVAL OF SP-
2016-06,by a vote of 6:0, (Spain absent)
with the conditions outlined in the staff
report, as amended, and shown in
Attachment 1.
4b& SP-2015-00031 Rio Salam LLC— Clerk:
4c. Motor Vehicle Sales • Action Letter— Recommend Approval of SP-
MAGISTERIAL DISTRICT: Rio 2015-31 and SP-2015-34 as noted in the
TAX MAP/PARCEL: actions.
061 W0020A00200 • These matters will be forwarded to the Board
LOCATION: 1189 Seminole Trail. East of Supervisors to be heard on a date to be
side of Seminole Trail(Rt. 29), 200 feet determined.
south of intersection with Greenbrier
Drive(Rt. 866).
PROPOSAL: To permit the sale of
motor vehicles associated with existing
auto repair shop and proposed body
shop.
PETITION: Motor vehicle sales in
communities and the urban area as
designated in the Comprehensive Plan
under Section 22.2.2(8)of the Zoning
Ordinance. No dwelling units proposed.
Concurrent with SP application
SP201500034.
ZONING: Cl —Commercial,which
allows retail sales and service;
residential by special use permit(15
units/acre).
ENTRANCE CORRIDOR: Yes
AIRPORT IMPACT OVERLAY: Yes
COMPREHENSIVE PLAN: Urban
Mixed Use (in Centers) -retail,
residential, commercial, employment,
office, institutional, and open space
within Places29 Master Plan. (JT
Newberry)
AND
SP-2015-00034 Salam LLC—Bodv
Shop
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 2
MAGISTERIAL DISTRICT: Rio
TAX MAP/PARCEL:
061 W0020A00200
LOCATION: 1189 Seminole Trail. East
side of Seminole Trail (Rt. 29), 200 feet
south of intersection with Greenbrier
Drive(Rt. 866).
PROPOSAL: To permit a body shop in
conjunction with the existing auto repair
shop and proposed motor vehicle sales.
PETITION: Body shop under Section
22.2.2(12)of the Zoning Ordinance. No
dwelling units proposed. Concurrent
with SP application SP201500031.
ZONING: Cl —Commercial, which
allows retail sales and service;
residential by special use permit(15
units/acre).
ENTRANCE CORRIDOR: Yes
AIRPORT IMPACT OVERLAY: Yes
COMPREHENSIVE PLAN: Urban
Mixed Use(in Centers) -retail,
residential, commercial, employment,
office, institutional, and open space
within Places29 Master Plan. (JT
Newberry)
RECOMMEND APPROVAL OF SP-
2015-00031 (Motor Vehicle Sales),by
a vote of 6:0, (Spain absent)with the
conditions as shown in the staff
presentation and shown in Attachment
2.
RECOMMEND APPROVAL OF SP-
2015-00034 (Body Shop),by a vote of
6:0, (Spain absent)with the conditions
as shown in the staff presentation and
shown in Attachment 2.
4d. Public Hearing Items
Clerk:
ZTA-2016-00005 Family Day Home • Action Letter — Recommend Approval as
The Planning Commission will hold a noted in the actions.
public hearing to receive comments on • This matter will be forwarded to the Board of
its intent to recommend adoption of an Supervisors to be heard on a date to be
ordinance amending Sec. 18-5.1.56 to determined.
reduce the maximum number of children
receiving child care services in a
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 3
11110
dwelling unit that would be considered
and regulated as a single family use
from 5 to 4 children, and to reduce the
minimum number of children receiving
child care services in a dwelling unit
licensed and regulated as a family day
home by the Virginia Department of
Social Services from 6 to 5 children, all
as provided by Virginia Code § 15.2-
2292 and other State laws. 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. (Rebecca
Ragsdale)
RECOMMEND APPROVAL of the
draft ordinance in Attachment B of the
ZTA-2016-00005 Family Day Home
staff report. (See Attachment B of staff
report)
5. Old Business Secretary:
• Discussion held on community • Staff to work with Chair and Vice-Chair to
meeting process and factors that schedule work session dates in
could potentially trigger a second May/June/July/August period for all four
public meeting. items individually. (Note: June 14th Farm
• Discussion about determination of Wineries,with proffer policy possibly on June
notification area when project lies on 28th, affordable housing and ZTA Inns and
boundary of two CCAC's with a Tavern expansion possibly in August)
suggestion that both CCAC chairs be
notified of the community meeting.
• Comment taken from Neil
Williamson, Free Enterprise Forum
about public concerns with CAC's
level of support and professionalism
some are operating under; and to
encourage the Commission to leave
public comment open at the end of
the agenda as a test.
• Discussion of scheduling future
work sessions on four educational
session topics in
May/June/July/August period.
6. New Business Secretary:
• By a vote of 6:0 (Spain absent) the • Add public comment at the end of agenda
Commission agreed to experiment (before old business) for three-month trial
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 4
for the next three months with period as noted in the actions.
providing a second opportunity after
all of the public hearings and before
new and old business to receive
public comments under the same
time limits the Commission
currently applies, and to allow
comments on all topics, instead of
limiting them to those matters not on
the agenda.
• The next meeting will be held on
Tuesday, May 10, 2016 at 6:00 p.m.
7. Adjourn to May 10, 2016 Albemarle
County Planning Commission meeting,
6:00 p.m., County Office Building,
Auditorium, 401 McIntire Road,
Charlottesville, Virginia.
• The meeting was adjourned at 7:26
p.m.
Attachment 1 —SP-2016-00006 Generations Montessori School—Planning Commission
Recommendation
Attachment 2—SP-2015-00031 Rio Salam LLC—(Motor Vehicle Sales) and SP-2015-
00034 Salam LLC—(Body Shop)—Planning Commission Recommendation
Attachment 3 - ZTA-2016-00005 Family Day Home—Planning Commission
Recommendation
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 5
%Id 4111)
ATTACHMENT 1
SP-2016-00006 Generations Montessori School—
Planning Commission Recommended Conditions of Approval
1. Use of site shall be in general accord with the concept plan "Generations
Montessori School in Broadus Memorial Baptist Church" signed and dated by
Rita Pace, 04/11/2016, as determined by the Director of Planning and the Zoning
Administrator. To be in general accord with this plan, development and use of the
site shall reflect the general size, arrangement and location of the existing church
facility and outdoor play areas. Minor modifications to the plan which do not
conflict with the elements above may be made to ensure compliance with the
Zoning Ordinance;
2. Enrollment shall not exceed fifty(50) students; and
3. The hours of operation for the school shall not begin earlier than 7:30 A.M. and
shall not end later than 5:30 P.M., each day, Monday through Friday, except that
occasional school-related events may occur after 5:30 P.M.
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 6
Attachment 2—
SP-2015-00031 Rio Salam LLC—Motor Vehicle Sales and SP-2015-00034 Salam
LLC—Body Shop—Planning Commission Recommendation
The Planning Commission recommends approval of SP-2015-00031 (Motor Vehicle
Sales)with the following conditions:
1. Use of site shall be in general accord with the concept plan "Concept Plan for
Salam, LLC" signed by Salam Altallal and dated 5/3/2016 as determined by the
Director of Planning and the Zoning Administrator. To be in general accord with
this plan, development and use of the site shall reflect the general size,
arrangement and location of the sales area,parking area for sales vehicles and
parking area for body shop vehicles. Minor modifications to the plan which do not
conflict with the elements above may be made to ensure compliance with the
Zoning Ordinance;
2. Not more than five (5)vehicles may be made available for sale outdoors at any
time.
The Planning Commission recommends approval of SP-2015-00034 (Body Shop) with
the following conditions:
1. Use of site shall be in general accord with the concept plan "Concept Plan for
Salam, LLC" signed by Salam Altallal and dated 5/3/2016 as determined by the
Director of Planning and the Zoning Administrator. To be in general accord with
this plan, development and use of the site shall reflect the general size,
arrangement and location of the sales area,parking area for sales vehicles and
parking area for body shop vehicles. Minor modifications to the plan which do not
conflict with the elements above may be made to ensure compliance with the
Zoning Ordinance;
2. Not more than five(5)vehicles may be parked or stored outdoors for body shop
work at any time.
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 7
ikka00 /4111111)
Attachment 3—
ZTA-2016-00005 Family Day Home—Planning Commission Recommendation
(Attachment B of Staff Report)
Date: 04/11/16
ORDINANCE NO. 16-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC
REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that
Chapter 18, Zoning, Article II, Basic Regulations, is hereby amended and reordained as
follows:
By Amending:
Sec. 5.1.56 Family day homes
Chapter 18. Zoning
Article II. Basic Regulations
Sec.5.1.56 Family day homes
Each family day home shall be subject to the following:
a. Care for five four or fewer children. Each family day home providing care for five(5)
four(4)or fewer children under the age of thirteen(13),exclusive of the provider's own
children and any children who reside in the home, shall be regulated as a single-family
residential use.
b. Care for a not fewer than five but not more than twelve children.Each family day
home providing care for mere not fewer than five(5)but not more than twelve(12)
children under the age of thirteen(13), exclusive of the provider's own children and any
children who reside in the home,shall be subject to the following:
1. Traffic. The additional traffic generated by a family day home,excluding trips
associated with the dwelling unit,shall not exceed twenty-four(24)vehicle round
trips per day. For the purposes of this section, a"vehicle round trip"means one
vehicle entering and exiting the site.The limitation on the number of vehicle
round trips per day may be waived or modified by special exception. In acting on
a special exception,the board shall consider whether the waiver or modification
of the number of vehicle round trips per day will change the character of the
neighboring agricultural area or the residential neighborhood,as applicable,and
whether the additional vehicle trips per day will be a substantial detriment to
abutting lots.Notice of the application for a special exception shall be posted as
provided in section 33.4(m)(2).
Albemarle County Planning Commission
Final Action Memo—05-03-2016
Page 8
2. Parking.Each family day home shall provide one(1)parking space plus one(1)
parking space for each additional employee. The parking spaces may be located
on-site,on the street where authorized by law,or in a parking lot safe and
convenient to the family day home.
3. Entrance and access. In conjunction with each application for a zoning
clearance,the zoning administrator shall identify,if necessary,the applicable
design and improvements required that are at least the minimum necessary to
protect public health and safety by providing safe ingress and egress to and from
the family day home site,safe vehicular and pedestrian circulation on the site,
and the control of dust as deemed appropriate in the context of the use.The
zoning administrator may consult with the county engineer or the Virginia
Department of Transportation regarding the minimum design and improvements
for the entrance and access.
4. State licensure. Each family day home shall acquire and maintain the required
licensure from the Virginia Department of Social Services.The owner or
operator of the family day home shall provide a copy of the license to the zoning
administrator.The owner or operator's failure to provide a copy of the license to
the zoning administrator shall be deemed to be willful noncompliance with the
provisions of this chapter.
5. Inspections by fire official.The Albemarle County fire official is authorized to
conduct periodic inspections of the family day home. The owner or operator's
failure to promptly admit the fire official onto the premises and into the dwelling
unit to conduct an inspection in a manner authorized by law shall be deemed to
be willful noncompliance with the provisions of this chapter.
6. Waivers or modifications by special exception. Except as provided in subsection
(b)(1),no requirement of this section may be waived or modified.
7. Zoning clearance and notice of request.No family day home shall commence
without a zoning clearance issued under section 31.5,subject to the following:
a. Notice to abutting lot owners.At least thirty(30)days prior to acting on
the zoning clearance,the zoning administrator shall provide written
notice of the application for a zoning clearance to the owner of each
abutting lot under different ownership than the lot on which the proposed
family day home would be located. The notice shall identify the
proposed family day home,its size and capacity,its location,and
whether a special exception under subsection(b)(1)is requested.The
notice shall invite the recipient to submit any comments before the
zoning clearance is acted upon. The notice shall be mailed or hand
delivered at least thirty(30)days prior to the action on the zoning
clearance.Mailed notice shall be sent by first class mail.Notice mailed
to the owner of each lot abutting the site shall be mailed to the last
known address of the owner,and mailing the notice to the address shown
on the current real estate tax assessment records of the county shall be
deemed to be compliance with this requirement.
b. Special exception. If the zoning administrator receives a written
objection to the family day home from the owner of an abutting lot
within thirty(30)days after the notice was mailed or delivered,the
Albemarle County Planning Commission
Final Action Memo—05-03-2016
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Lid
zoning clearance shall not be approved until after the applicant obtains a
special exception for the family day home as provided in sections 33.5
and 33.9. In acting on a special exception,the board shall consider
whether the proposed use will be a substantial detriment to abutting lots.
8. Relationship to other laws.The provisions of this section are supplementary to
all other laws and nothing herein shall be deemed to preclude application of the
requirements of the Virginia Department of Social Services,Virginia Department
of Health,Virginia State Fire Marshal,or any other local,state or federal agency.
(§ 5.1.0.6, 12-10-80; Ord. 01-18(6), 10-3-01; § 5.1.56, Ord. 13-18(5), 9-11-13)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a
vote of to , as recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Ave Nay
Mr. Dill
Ms. Mallek
Ms. McKee)
Ms. Palmer
Mr. Randolph
Mr. Sheffield
Albemarle County Planning Commission
Final Action Memo—05-03-2016
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