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SP201600019 Staff Report Special Use Permit 2016-11-22
'tow' Albemarle County Planning Commission November 22, 2016 The Albemarle County Planning Commission held a regular meeting on Tuesday, November 22, 2016, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Bruce Dotson, Mac Lafferty, Pam Riley, Jennie More, Daphne Spain, Tim Keller, Chair; Karen Firehock, Vice Chair and Bill Palmer, University of Virginia (UVA) representative. Ms. More arrived at 6:04 p.m. Other officials present were Trevor Henry, Director of Facilities and Environmental Services; Megan Yaniglos, Principal Planner; Rachel Falkenstein, Senior Planner; Elaine Echols, Acting Chief of Planning; David Benish, Acting Director of Planning; Sharon Taylor, Clerk to Planning Commission;Andrew Gast-Bray,Assistant Director CDD/Planning Director and John Blair, Senior Assistant 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. Public Hearing Items. a. SP-2016-00019 Planned Parenthood South Atlantic MAGISTERIAL DISTRICT: Rio TAX MAP/PARCEL: 061000000013A0 LOCATION: 2964 Hydraulic Road PROPOSAL: Revise condition one (1)to impact a 15-foot buffer to allow a walkway and enhanced landscaping from previously approved special use permit (SP2000-035). PETITION: Professional offices under Section 17.2.2(11) of the Zoning Ordinance. ZONING: R-10- Residential- 10 units/acre; professional offices by special use permit OVERLAYS: Entrance Corridor, Managed Steep Slopes, Airport Impact Area COMPREHENSIVE PLAN: Urban Density Residential — residential (6.01 — 34 units/ acre); supporting uses such as religious institutions, schools, commercial, office and service uses in Neighborhood 1 of Places29 Master Plan. (Megan Yaniglos) Ms. Yaniglos summarized the staff report in a PowerPoint presentation. Proposal: This is a request to revise condition one (1) from a previously approved special use permit to impact a 15-foot buffer to allow a walkway and enhanced landscaping. The enhanced landscaping includes the removal and replacement of dead and dying vegetation; planting new vegetation and replacing the deteriorating fence along the eastern property line along Townwood as well remove three (3) parking spaces to create a courtyard. The applicant adjusted the plan so that the courtyard is not within the buffer so we are only talking about the landscaping enhancements with a special use permit. Ms. Yaniglos reviewed a map showing the location of Planned Parenthood on Hydraulic Road with parking behind; Garden Court; Townwood Townhouses and the 15' buffer with the courtyard located outside of that buffer area. ALBEMARLE COUNTY PLANNING COMMISSION—November 22,2016 1 Draft Partial Minutes—SP-2016-19 Planned Parenthood South Atlantic Ms. Yaniglos reviewed the conceptual plan pointing out the landscaping to be removed, which included 11 large trees with 7 located along Garden Court and the rest are located along Townwood. In photographs of the site, Ms. Yaniglos pointed out the parking spaces and trees covered in ivy that are going to be removed; the existing fence located on the Garden Court property to be removed since the other fence on Townwood being replaced is actually on the Planned Parenthood property and so the Garden Court fence will remain; the large tree that is covered in ivy that is going to be removed; and the dumpster and some of the ivy in various trees. Factors Favorable: Staff found that no significant impacts would be created by the enhancements as noted in the report. Factors Unfavorable: None Identified Staff recommends approval of SP-2016-019 Planned Parenthood with conditions. The condition as it is currently written from the previous special use permit does not allow for maintenance of any disturbance of the buffer to even maintain or enhance the landscaping, which is why the applicant is coming before the Commission today. Staff recommended that condition be revised, which is in the report and on the slide. Ms. Yaniglos apologized that the numbering of the conditions was mixed up; it should be#2 and it is#2 in the staff report. Recommended Conditions: 1. Development and use shall be in general accord with the conceptual plan titled "Planned Parenthood" prepared by Nelson Byrd Woltz Landscape Architects and dated September 16, 2016 (hereafter"Conceptual Plan"), as determined by the Director of Planning and the Zoning Administrator. To be in accord with the Conceptual Plan, development and use shall reflect the following major elements within the development essential to the design of the development, as shown on the Conceptual Plan: O location of buildings and structures O location of parking areas O location of buffer Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. A buffer strip of a minimum of fifteen (15) feet in width shall be maintained along the northeast (Townwood) and southwest (Garden Court) abutting property lines with landscaping and screening to be approved in accordance with Section 32.7.9. The agent may authorize the removal of vegetation within the buffer if deemed by the agent to pose a clearly demonstrable danger to buildings or other structures or otherwise a danger to public safety. A six-foot-high opaque fence shall be placed between the parking lot and the Townwood units. 3. All outdoor lighting shall be arranged or shielded to reflect light away from adjoining residential districts and away from adjacent streets. 4. The building shall be no more than three stories in height and designed in keeping with character of the area, and consistent with the sketch plan named "Roslyn Ridge Offices" dated 7/11/00 that was approved with SP2000-035. 5. Building square footage shall be limited to 8,000 square feet. ALBEMARLE COUNTY PLANNING COMMISSION—November 22,2016 2 Draft Partial Minutes—SP-2016-19 Planned Parenthood South Atlantic Ms. Yaniglos offered to answer any questions. Mr. Keller invited questions for staff. Mr. Dotson said one of the features of this is converting some parking places into a courtyard and he did not see anything in the conditions that address that being approved. Ms. Yaniglos replied that can occur outside of this special use permit because it is outside of the buffer so they could come in today and make that change without the enhanced landscaping as a site plan amendment so that was not addressed with the Commission. Mr. Keller opened the public hearing and invited the applicant to speak. Zuzana Ponca, architect, with Nelson Byrd Waltz Lantz Architects, said we are working with Planned Parenthood to improve their landscape, install the courtyard, and replace the fence along Townwood Court. Ms. Ponca said since staff has explained all the issues we are dealing with at the site so well she would just walk the Commission through the design process and where we ended up with our design. This would also include the fence design as well. In August, we had a very productive meeting with the local neighbors from Garden Court as well as Townwood who expressed some concerns about a plan that we developed for that meeting including the courtyard cutting into the 15' buffer and replacing plantings some large shade trees along the parking areas. Therefore, we have addressed both of these concerns by reducing the size of the courtyard so you can see it is outside of the buffer now in selecting species of shade trees for the parking lot that are medium sized trees. Ms. Ponca said, as staff mentioned, we are removing a number of large trees from the property that have compromised either by lightning, dead in certain cases and some by evasive vegetation such as ivy. All together, we are planting about 17 mid-size trees and enhancing the buffer as well with about 23 small trees that are all native. The tree types to be planted will be Red Maple, Dogwoods, Redbuds and Service Berries—mostly small screens focused on providing screening to the adjoining ptoperties. Ms. Ponca pointed out on the previous plan of the courtyard where it actually cut 7' into the buffer. There were some concerns by the neighbors about the possible noise and the desire for some additional screening. So we are providing evergreen shrubs along the fence line and the edge of the courtyard has pulled back inside of the 15'. In the section, you can see the screening in the 15' buffer along the fence line that exists now next to Garden Court. Just to recap this is the condition of the existing fence that we will be replacing; and, then this is the proposed design. It is a friendly fence design so it will have a front face on both sides on the neighbor's side as well as the side for Planned Parenthood. Mr. Keller invited questions for the applicant. Mr. Dotson said the ivy you mentioned and you can see it in the photographs that has attacked the existing trees - how will that be prevented that from reoccurring. Ms. Ponca replied we were working with an arborist who will actually come in prior to construction and they will remove all the evasive vegetation including there will be extensive pruning done on the trees not maintained over the last 15 to 20 years. She said we are also planting native understory ground cover and shrubs as well. ALBEMARLE COUNTY PLANNING COMMISSION—November 22,2016 3 Draft Partial Minutes—SP-2016-19 Planned Parenthood South Atlantic (Id 11) Mr. Dotson asked does the ivy originate beyond your property in the back yards; and, if it does will it creep back. Ms. Ponca replied yes, there is a chance that it will. However, we have not looked into the other properties since they are private properties and there is a fence line. However, with English Ivy, it is common that it originates in other spots as well; but the goal at this property is that the buffer is going to be maintained from now on. Mr. Dotson said one of the concerns he saw from a letter from a neighbor that the terrain is such that the height of the shrubbery and the trees that would be planted would not be even as tall as the top of the fences. He asked is that accurate? Ms. Ponca asked which side of the property is it on; is it Garden Court. Mr. Dotson replied that he did not know which side. Ms. Yaniglos noted that it was on the Garden Court side. Ms. Ponca explained that they do not have a survey of this area; however, the grade actually slopes down a little bit about a foot from the edge of the fence here towards the courtyard. She said we are planting shrubs that are going to be about 5' tall; the fence is 6' tall; but we are also planting trees mid-sized trees of 15' to 25' tall. She said if you look at it in elevation, the trees would screen the view to the courtyard. Mr. Dotson asked if 15' to 20' is at maturity, and Ms. Ponca replied yes. Ms. Firehock said she also had the misfortune of living next to neighbors where everyone planted ivy all around and she spent every weekend pulling ivy — so it would need to have constant vigilance to rip up the new ivy that would be reestablishing. Ms. Firehock suggested a very robust ivy eradication with regular maintenance on that site or else the new trees that you plant will end up looking exactly like the ones that we have seen in the pictures that have to come out. She questioned the choice of Red Maples since it is the most common tree found in cities; it is pretty; it is tough; but it also does not like to be a parking lot tree necessarily since it is impacted by impervious surfaces. She said Red Maples is not something she would pick to put next to a place where it will tend to be stressed by the amount of heat radiating off the parking space so she was just questioning the choice of Red Maple. Ms. Ponca replied they are removing a number of Red Maples that were established here that are in deteriorating conditions. She pointed out the tree in the Townwood area is about 6' back from the parking lot and then there is plenty of space for the roots to grow on the other side —so we are not concerned about that. Ms. Firehock said it might have enough root area; but it might still be a hot planting site for ideal conditions for that tree and she hoped they would work with their client to come up with some kind of maintenance plan to remove the ivy. Ms. Ponca replied yes, there has definitely been discussions about maintenance because this is a big investment to them and it is important to maintain the site. There being no further questions for the applicant, Mr. Keller thanked the applicant. ALBEMARLE COUNTY PLANNING COMMISSION—November 22,2016 4 Draft Partial Minutes—SP-2016-19 Planned Parenthood South Atlantic 3 Ms. Firehock invited public comment. Eddie Giles, resident of Garden Court and Garden Court board member, said we realize some improvements need to be done at Planned Parenthood; but we do have some concerns about putting in an outside patio. There are residents that live over there, some are retired, and they want to sit back, relax and open their front doors; and, they are concerned about the noise if anyone is coming outside and would like to see the taller trees that can help buffer the sound. The neighbors would also prefer a lower lighting that it does not illuminate a lot of lighting. He asked if there would be smoking outside because one of the units was adjacent to this area and the concern about people outside smoking and talking with the odor coming into the unit and all of that. He said we wanted to bring some of the concerns that residents have over there when you make a decision on this. There being no further public comment, Ms. Firehock closed the public comment and invited applicant rebuttal. Ms. Ponca asked to respond to the comment about the lighting, which she forgot to mention. She said the light that is located there currently would be replaced with a smaller shorter pedestrian light that is going to be shielded so the glare should be less. She said our client expects that this space is going to be more of an overflow space that is going to be used by families of the patients that are going to be waiting there just for a short period. They fully expect to have a non-smoking sign in the courtyard so that should not be an issue. In regards to the tall trees, we drew some elevations and it is much less likely that you will have good screening from Garden Court with very tall trees medium and smaller sized trees are much more effective because their crown is essentially in front of the two levels of the windows. Mr. Keller invited questions for the applicant. Mr. Lafferty asked if the fence to be removed is 6' high and the one being replaced is 6' high, and Ms. Ponca replied yes. Mr. Keller invited'',further discussion. There being no further public comment, Mr. Keller closed the public hearing to bring the matter before the Commission for discussion. Mr. Dotson noted the review process as brought out has actually been an example perhaps of how the neighborhood meetings work. The issue of the ivy has come out and he completely agreed with Commissioner Firehock's concerns about that. He thinks it is good that the lighting will be of the more modern and less obtrusive type; the question about the terrain had been adequately addressed; and the courtyard we really have nothing to say about that would be allowed even if we denied this. He would observe that in all likelihood he has not seen specifically that this is like adding one more patio behind one of the townhomes, perhaps a patio behind a townhome could even be closer than this. As a former smoker many, many years ago, he shares the concern if the wind is blowing in the wrong way that he would hope that the applicant at a health facility might not allow smoking on that patio. After any discussion, he would be prepared to make a motion. Mr. Lafferty moved to recommend approval of SP-2016-00019 Planned Parenthood South Atlantic Amendment with the conditions outlined in the staff report. Mr. Dotson seconded the motion. ALBEMARLE COUNTY PLANNING COMMISSION—November 22,2016 5 Draft Partial Minutes—SP-2016-19 Planned Parenthood South Atlantic 11111111-1114 $41110 There being no further discussion, Mr. Keller asked for a roll call. The motion passed unanimously by a vote of 7:0. Mr. Keller noted that SP-2016-00019 Planned Parenthood South Atlantic carries and will move onto the Board of Supervisors. (Recorded and transcribed by Sharon C.Taylor,Clerk to Planning Commission&Planning) ALBEMARLE COUNTY PLANNING COMMISSION—November 22,2016 6 Draft Partial Minutes—SP-2016-19 Planned Parenthood South Atlantic tor, te, 111c#1: ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP201600019 Planned Staff: Megan Yaniglos, Principal Planner Parenthood Planning Commission Public Hearing: Board of Supervisors Hearing: TBD November 22, 2016 Owner(s): Planned Parenthood South Atlantic Applicant(s): Michael Gallahue Acreage: 0.68 acres Rezone from: Not applicable Special Use Permit for: Professional offices under Section 17.2.2(11) of the Zoning Ordinance. TMP: 061000000013A0 By-right use: R-10- Residential- 10 units/acre Location: 2964 Hydraulic Road (Attachment A) Magisterial District: Rio Proffers/Conditions: Yes Requested #of Dwelling Units/Lots: not DA -X RA - applicable Proposal: Revise condition one (1) to impact Comp. Plan Designation: Urban Density a 15 foot buffer to allow a walkway and Residential — residential (6.01 — 34 units/acre); enhanced landscaping from previously supporting uses such as religious institutions, approved special use permit (SP2000-035). schools, commercial, office and service uses in (Attachment F) Neighborhood 1 of Places29 Master Plan. Character of Property: The property contains an Use of Surrounding Properties: Single Family existing professional office building with parking Attached Residential and landscaping. Factors Favorable: Factors Unfavorable: None identified 1. No significant impacts would be created by the enhanced landscaping. Recommendation: Based on findings presented in the staff report, staff recommends approval with revised conditions. SP201600019—Planned Parenthood Planning Commission: November 22, 2016 Page 1 STAFF CONTACT: Megan Yaniglos, Principal Planner PLANNING COMMISSION: November 22, 2016 BOARD OF SUPERVISORS: TBD PETITION: PROJECT: SP201600019 Planned Parenthood South Atlantic MAGISTERIAL DISTRICT: Rio TAX MAP/PARCEL: 061000000013A0 LOCATION: 2964 Hydraulic Road PROPOSAL: Revise condition one (1) to impact a 15 foot buffer to allow a walkway and enhanced landscaping from previously approved special use permit (SP2000-035). PETITION: Professional offices under Section 17.2.2(11) of the Zoning Ordinance. ZONING: R-10- Residential- 10 units/acre; professional offices by special use permit OVERLAYS: Entrance Corridor, Managed Steep Slopes, Airport Impact Area COMPREHENSIVE PLAN: Urban Density Residential — residential (6.01 —34 units/acre); supporting uses such as religious institutions, schools, commercial, office and service uses in Neighborhood 1 of Places29 Master Plan. CHARACTER OF THE AREA: The office building housing Planned Parenthood is located on the east side of Hydraulic Road between Roslyn Ridge Road and Earlysville Road. Hydraulic Road serves as the Development Area boundary at this location with the east side of the boundary heavily developed and the west side sparsely developed. The property contains an existing professional office building with parking and landscaping. No residential uses are within the building. The adjacent properties are single family attached/townhouses. PLANNING AND ZONING HISTORY: SP1998-038-Approved special use permit for professional offices; SP2000-035-Approved special use permit for a two story mixed use building with professional office and residential use. DETAILS OF THE PROPOSAL: The applicant wants to remove and replace dead and dying vegetation, enhance the existing landscaping, and replace the deteriorating fence along the eastern property line (Townwood) as well remove three (3) parking spaces to create a courtyard. With the removal of the parking spaces, the plan still meets the requirement for parking for this use. Specifically, the applicant is proposing to remove eleven (11) existing trees, most of which are either dead or covered in ivy (English and poison) and need to be removed due to safety concerns (Attachment B). The applicant has provided an arborist report for trees in this area in Attachment D. Additionally, the fence along the property line with the Townwood development is in need of replacement. The fence located within Garden Court, along the Garden Court property line, will remain. The proposal includes replacement of landscaping with new trees, shrubs, and native vegetation (Attachment B). This request and approval is necessary due to a condition approved with SP2000-035 (Attachment F) which reads: SP201600019—Planned Parenthood Planning Commission: November 22, 2016 Page 2 1. An undisturbed buffer strip of minimum fifteen (15) feet in width shall be maintained along both abutting property lines, with landscaping and screening to be approved with the site plan in accordance with Section 32.7.9. To the extent feasible, the existing vegetation shall be retained on the site. The buffer strip abutting Garden Court shall be undisturbed with existing trees within the buffer preserved and incorporated into the landscape plan. A six-foot-high opaque fence shall be place between the parking lot and the Townwood units. This condition precludes the owner from creating more robust landscaping and screening, including removal of vegetation that may be dead, dying, or diseased. Since the enhanced landscaping and replacement of the fence requires disturbance of the buffer, an amendment to the special use permit is necessary. ANALYSIS OF THE SPECIAL USE PERMIT REQUEST 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. In evaluating whether a use will be a detriment to adjacent properties, the intensity of the use and other impacts are evaluated. Comments and concerns of neighboring properties are also considered. A community meeting was held on August 18th, 2015. There were approximately 8 attendees, all residents of either Townwood or Garden Court. Issues raised at the meeting included concerns regarding the type of trees being replanted along the Townwood property line, the location of the courtyard, and removal of the existing trees along Garden Court. After the community meeting, the applicant revised the plan to adjust the courtyard further away from Garden Court, and replaced the large shade trees that were of concern to the Townwood residents with smaller shade trees. However, there is still concern from a Garden Court resident regarding the courtyard as well as the removal of the large trees in the buffer that currently provide shade and screening (Attachment C). These trees are ones identified in an arborist report indicating they should be removed due to risk to the property and its surroundings (Attachment D). While an adjoining owner has a preference that trees remain on the Planned Parenthood property because of its shading and screening effects, there is potential for property damage if the trees are not removed. The applicant is proposing additional trees that will replace the existing ones along with other vegetation that will provide additional screening. Staff does not believe that the enhancement and replacement of the landscaping in the buffer will 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 disturbance to the buffer for landscaping will not change the character of the SP201600019—Planned Parenthood Planning Commission: November 22, 2016 Page 3 district. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter, The proposed disturbance to the buffer for landscaping is in harmony with the purpose and intent of the Zoning Ordinance (Chapter 18 of the County Code) and includes the importance of improving public health, safety, providing for the convenience and welfare of citizens of Albemarle County, Virginia, provide residential areas with healthy surroundings for family life; and to facilitate the creation of a convenient, attractive and harmonious community. Screening, buffering, and landscaping help to provide healthy surroundings for family life and facilitate the creation of an attractive and harmonious community. ...with the uses permitted by right in the district The proposed changes to landscaping are in harmony with the uses permitted by right in the district. ...with the regulations provided in section 5 as applicable, Section 5.0 contains no additional regulations applicable to office uses or landscape buffers. ...and with the public health, safety and general welfare. The public health, safety and general welfare of the community are protected through the special use permit process. There are no health, safety or general welfare concerns. The removal of the trees that pose a risk of falling will promote public safety and general welfare, and the replacement of the landscaping removed will provide additional buffer and screening. Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive Plan. SP201600019— Planned Parenthood Planning Commission: November 22, 2016 Page 4 The Places29 Master Plan designates this parcel as Urban Density Residential, however the professional office use was previously approved with SP2000-035 and included a condition for a buffer along the property lines. Additionally, Strategy 6c of the Comprehensive Plan states the following: Strategy bc: Continue to require screening, buffering, and, physical separation, where necessary, to promote compatibility of residential and non-residential uses. The Zoning Ordinance requires screening between commercial or industrial districts and residential districts. Screening is also required between objectionable uses, such as parking lots, and single-family residential uses. Screening with trees and fences and buffering with landscaping can help to mitigate potential impacts between residential and nonresidential uses. Screening and buffering between low density and higher density residential uses can help provide privacy for both developments; however, deep buffers are not encouraged. Instead, site design that orients parking lots away from single- family backyards can be used to help avoid conflicts. Current provisions of the Zoning Ordinance addressing the screening of objectionable features and dissimilar uses provide for additional protection. These features should be retained. Providing distance between potentially incompatible uses is also recommended, but only in cases where noise, vibrations, odors, and other activities generally associated with industrial uses would negatively impact residents. Deep buffers between uses that can be made compatible is not necessary and reduces the amount of Development Area land needed to accommodate growth. The landscaping and buffering changes that are proposed help promote compatibility between the residential and non-residential uses and help provide privacy. Staff believes that the changes to landscaping and buffering meet the recommendations within the Comprehensive Plan. SUMMARY: Staff believes that the current condition prevents maintenance and restoration of landscaped areas and should be changed for health, safety, and welfare purposes as well as to improve the attractiveness of the area. As a result, that condition should be updated to allow future maintenance and the installation of enhanced landscaping while still maintaining a buffer along Townwood and Garden Court without the need for an amendment to the special use permit in the future. Staff recommends the condition be updated to the following: 1. A buffer strip of a minimum of fifteen (15) feet in width shall be maintained along the northeast (Townwood) and southwest (Garden Court) abutting property lines with landscaping and screening to be approved in accordance with Section 32.7.9. The agent may authorize the removal of vegetation within the buffer if deemed by the agent to pose a clearly demonstrable danger to buildings or other structures or otherwise a danger to public safety. A six-foot-high opaque fence shall be placed between the parking lot and the Townwood units. SP201600019 — Planned Parenthood Planning Commission: November 22, 2016 Page 5 Staff has identified factors which are favorable and unfavorable to this proposal: Factors favorable to this request include: 1. No significant impacts would be created by the enhanced landscaping. Factors unfavorable to this request include: No unfavorable factors have been identified. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2016-019 Planned Parenthood with the following conditions: 1. Development and use shall be in general accord with the conceptual plan titled "Planned Parenthood" prepared by Nelson Byrd Woltz Landscape Architects and dated September 16, 2016 (hereafter"Conceptual Plan"), as determined by the Director of Planning and the Zoning Administrator. To be in accord with the Conceptual Plan, development and use shall reflect the following major elements within the development essential to the design of the development, as shown on the Conceptual Plan: a. location of buildings and structures b. location of parking areas c. location of buffer Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. A buffer strip of a minimum of fifteen (15) feet in width shall be maintained along the northeast (Townwood) and southwest (Garden Court) abutting property lines with landscaping and screening to be approved in accordance with Section 32.7.9. The agent may authorize the removal of vegetation within the buffer if deemed by the agent to pose a clearly demonstrable danger to buildings or other structures or otherwise a danger to public safety. A six-foot-high opaque fence shall be placed between the parking lot and the Townwood units. 3. All outdoor lighting shall be arranged or shielded to reflect light away from adjoining residential districts and away from adjacent streets. 4. The building shall be no more than three stories in height and designed in keeping with character of the area, and consistent with the sketch plan named "Roslyn Ridge Offices" dated 7/11/00 that was approved with SP2000-035. 5. Building square footage shall be limited to 8,000 square feet. Motions: Special Use Permit A. Should the Planning Commission choose to recommend approval of this special use permit: SP201600019- Planned Parenthood Planning Commission: November 22, 2016 Page 6 I move to recommend approval of SP201600019 Planned Parenthood Amendment with the conditions outlined in the staff report. B. Should the Planning Commission choose to recommend denial of this special use permit: I move to recommend denial of SP201600019 Planned Parenthood Amendment. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENTS Attachment A- Map Attachment B- Concept Plan dated September 16, 2016 Attachment C-Adjacent owner letter Attachment D-Arborist report Attachment E- Photographs Attachment F- SP2000-035 Approval Letter SP201600019 Planned Parenthood Planning Commission: November 22,2016 Page 7 Attachment A �/� ` z o E .sv o E z C 0004/147,, t U 2 N0 L yEm 3 E ;, ° ' au: 21 w `. a —1? gnu -,oamsAatitill� 1,ai4' ! .� '— , .. jY o 00 a� 1-0 Qx4� A , . 1 r f a of .'`_ `! cD W1 ;O T .t F • o f r. j T — ♦ 61B-01-08-2 �� -o �0.c ' T o cn T � I T �i7., .-} { lD T aw. 'f, Cd „�f� T �tD • \, 618:01=08.:1 ',- .--a' cTo T '�%' 0 •�:: . 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II II III 111= w nV �' O �ys.ali=;III-Af IIIIIk �w �, 111 V E I I-I 1-11 i= ce v v wo9G01 9101"91.iagwa{das Ropu,-6Mp"00"Sl\s+aa4S EO\OVU\u6isap 4o\u6ise0♦daouo3 L9\8091Hdd\:N Attachment C Megan Yaniglos From: Maureen Clark <mclark027@gmail.com> Sent: Tuesday, November 01, 2016 1:29 PM To: Megan Yaniglos Subject: Re: 1644 Garden Court:Three Planned Parenhood Re-Landscaping Proposal Issues Follow Up Flag: Follow up Flag Status: Flagged Hello, Megan. The changes in the landscaping which Planned Parenthood wants to enact will impact me and my fellow neighbors in section of Garden Court which abuts Planned Parenthood's property, so I want to put my comments down in writing. They are as follows:: 1. I am not pleased about the courtyard being placed behind me and my neighbor @ 1646. From what I understand, it will not be enclosed so the noise that will assuredly emanate from this courtyard will undoubtedly become intrusive to my peace and quiet as well as that of the neighbors in my section of Garden Court. If this courtyard is erected, then "QUIET!! signs will need to be put up and Planned Parenthood's staff will need to tell their clients to keep the noise to a minimum out of respect for the people living in the surrounding area. The best scenario for us to not to have the courtyard in the first place when it is so close to our homes. 2. I am also not pleased with the fact that the major large trees behind me and my neighbors to the right and the left (which serve to nestle us in from Planned Parenthood and from Townwood) will be removed. Placing viburnum and 8' dogwood trees behind us will do nothing to buffer our properties from that of Planned Parenthood. The land that our fences is on is much higher than the land in which Planned Parenthood wants to add these plantings. So if this re-landscaping is going to happen, then they will need to grade the land behind us so that the trees will be above the top of our fences and will provide some buffer, albeit not as much as we currently have. Putting in taller trees such as Spartan or Skyrocket Junipers. Attachment C would provide more of a buffer for privacy and sound muffling, so perhaps they will be considered these junipers as viable alternatives to the shorter trees and bushes. 3. The only thing that is acceptable to me about this re-landscaping is the fact that there will be lower lighting in the Planned Parenthood parking lot. Hopefully, the spillover will be less than it is now because the current lighting coming from the —30 tall pole lamps is very bright and shines directly into our backyards. 4. Hopefully, all of the beautiful English ivy in my backyard will not be ruined by this re-landscaping project Thank you for all that you do, Megan. It is truly appreciated no matter how things eventually turn out. —Maureen On Mon, Oct 24, 2016 at 12:35 PM, Maureen Clark <mclark027@gmail.com> wrote: Ahhhhhhhhhhhhhhhh, yes the gym!!! I remember how much "fun" we used to have in PE class C See you on Monday, Megan. -Maureen On Mon, Oct 24, 2016 at 12:28 PM, Megan Yaniglos <myaniglos@albemarle.org> wrote: You will want to come to the Community Development office, we have a front desk and they will call me down. We have a separate entrance, where I believe the gym used to be? To the right of the visitor entrance. From: Maureen Clark [mailto:mclark027@gmail.com] Sent: Monday, October 24, 2016 12:25 PM To: Megan Yaniglos<mvaniglos@albemarle.org> 2 Attachment D VAN YAHRES TREE COMPANY SINCE 1919 September 15,2016 To Whom It May Concern: Van Yahres Tree;Company recommends the removal of eleven trees and clearing an overgrown area surrounding the building and parking lot of Planned Parenthood.Planned Parenthood(PP)is going to reestablish its common ground and privacy boarders.The trees selected for removal are either posing an unreasonable risk to the property and its surroundings,or,they will be standing in the way of improving the privacy and aesthetics for Planned Parenthood,Garden Court,and Townwood.Below is a list of the selected trees for removal. Haekberry 4" -This tree is growing in the retention pond and is currently an understory tree.PP will replant an Oak in this space which will be much more desirable in terms of longevity and entrance aesthetics.Additional Service Bern cs will also be planted for improved privacy. Misc Tree 20" Tree is dead and poses an unreasonable risk to the both properties. White Pine,2 trees,10"10" -These two trees are side by side.These pine trees are still relatively young and will overcrowd their current area.Due to their close proximity to the parking lot and an inferior root system, they will only pose a greater risk to the parking spaces and Townwood as they mature.A Thuja will be planted close by and their removal will allow the Thuja to grow with less competition.Thuja will also maintain low foliage which will improve screening,and the White Pines will not. Triangular section of invasive trees behind the dumpster—This area is completely overgrown and unmanageable in terms of occupying the space.Although these trees are still relatively young,they are already growing in wayward directions which make them more unstable as time goes by. PP will replant the area with a Red Maple,Dogwoods and Redbuds which will replace the upper canopy and provide more low to midrange privacy which will benefit both PP and their two neighbors. Mimosa 9"—This tree is invasive and has a significant limn towards the parking lot.It is understory to a Black Locust and Red Maple.Due to its wayward growth it doesn't provide much privacy.Dogwoods will replace the Mimosa which will not only look better long term but also be less of a maintenance issue. Cherry 12'—This tree has a weak structure and the majority of the growth is on the parking lot side making the canopy unbalanced and prone to failure.It is growing extremely close to the parking lot which will be an increasing stress factor as the tree ages.A Holly hedge will be planted along the parking lot curb which is more suitable for the space.Having the tree taken down will also give more room for the Redbuds and Dogwoods that will be replanted as well as the existing large Red Maple. 1007 Linden Avenue Chulottesvilk,VA 229f). 434,982.8731•434.971.2958 FAX•}vww.vytc•,xtrci Attachment D V VAN YAHRES TREE COMPANY SINCE 1919 Black Locust 17",Wild Cherry 21",Sycamore 16"—These trees are growing next to each other and all pose the same hazards.The canopies of these trees are all completely engulfed in ivy which not only makes the tree more susceptible to storm damage but is also unsightly to Garden Court.The height of the canopies starts roughly 20-25 ft off of the ground so these trees are not currently providing much screening. Shadbushes will be replanted for better privacy screening and a Red Maple will be planted to serve as a better canopy tree to the new courtyard,building, and Garden Court.Additionally,removing these three trees will give the large remaining Sycamore and Red Maple more space to grow. Red Maple 6",Red Maple 7"—These two trees stand next to each other on the backside of the building.Both trees have broken tops and are completely overgrown with vines as well as being overextended towards Garden Court. They do not serve as canopy trees due to their midrange height nor do they provide attractive privacy to either property.A Dogwood and a Rcxdbud will be replacing the two Red Maples which will give more privacy to both PP and Garden Court. Removing the Red Maples will also benefit the large remaining Red Maple and Sycamore. Please let me know if you have any questions or concerns. Best Regards. ''''.."'"n 11--%lel. 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" ,y,1-a , 4 }t,{F , - --•---- ATTACHMENT F tra c„ COUNTY OF ALBEMARLE Department of Planning&Community Development 401 McIntire Road,Room 21S Charlottesville,Virginia 22902-4596 (804)296-5823 Fax(804)972-4012 August 29, 2000 Ivo:Romensko .100 East South Street Apartment#3 Charlottesville, VA 22902 RE: SP-2000-35 Roslyn Ridge Office Tax Map 61, Parcel 13A Dear Mr. Romensko: The Albemarle County Board of Supervisors, at its meeting on August 16, 2000, unanimously aporoved the above-noted request. Please note that this approval is subject to the following conditions: 1. An undisturbed buffer strip of minimum fifteen (15).feet in width shall be maintained along both abutting property lines, with landscaping and screening to be approved with the site pian in accordance with Section 32.7.9. To the extent feasible, the existing . vegetation shall be retained on the site. The buffer strip abutting Garden Court shall be undisturbed, with existing trees within the buffer preserved and incorporated into the landscape pian. A six-foot-high opaque fence shall be placed between the parking lot and the T wnwacd units 2. All exterior lighting shall be full cutoff luminaires if the lamps er it 3,000 or more lumens. All outdoor lighting shall be arranged or shielded to reflect light away from adjoining residentiadistricts and away from adjacent streets. 3. The building shall be no more than three stories in height and designed in keeping with the character of the area, and consistent with the sketch plan named "Roslyn Ridge Offices" dated 7/11/00. 4. Building square footage shall be limited to 8,000 square feet. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abar..dcned and the authority granted thereunder shall thereupon terminate. For ATTACHMENT Page 2 August 29, 2000 purposes of this section, the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within cne (1) year. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. if you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, David 5. Benish Chief of Planning & Community Development DBBljcf Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve Allshouse Bob Bali, VDOT 13311H3UV VINIaaIn 'A1N1-100 3-1611:0438-1,/ S3NIV�J '3 oa NOWAb5331,40 39011p1NAlSOa P z m �, j1 Q W YI I La_ '.� .✓fes< r/' �. i 11 n ' I '+1.�*r'`�- ,id i/ of II Z uj z I O i O ' c .' �I z I CL Cr 3 \ ti ` 0p y N 4.1 \ ~'--1,_i^�,—,� �� co1 \. :„,r G .°' • n • \' 1 1