Loading...
HomeMy WebLinkAboutSDP200200034 Minutes Minor Amendment 2002-06-04 • SP-02-13 Dennis Enterprises Expansion1Sian#36) - Request for special use permit to aiow additional vehicle display parking in accordance with Section 30.6.3.2.b of the Zoning Ordinance • which allows for outdoor storage and display.The property, described as Tax Map 78 Parcel 13, • contains 3.748 acres, and is located in the Rivanna Magisterial District on Richmond Road (Route 250)approximately 1 mile from the intersection of Richmond Road and Stony Point Road. The property is zoned HC, Highway Commercial, EC Entrance Corridor.The Comprehensive Plan designates this property as Regional Service in Development Area 3. (Karl Guiler) AND ISDL2002-034_Dennis_Enterprises Minor Arne-ntlment IA Request for an approval of a minor site plan amendment to allow for the expansion of an existing parking,lot. (Karl Guiler)APPLICANT REQUESTS INDEFINITE DEFERRAL OF SP AND SDP. Mr. Finley moved to accept the applicant's request for indefinite deferral of SP-02-13 and SDP-02- 034,for 4749 Plank Road Driveway. Mr. Rieley seconded the motion,which carried unanimously. /7/dtD Deferred Items: ZMA-02-08 South Pantops/Dennis Enterprises (Sian #83, 84) - Request to rezone 24.07 acres from PD-MC (Planned District- Mixed Commercial) to PD-MC (Planned District- Mixed Commercial) and HC (Highway Commercial) to amend a proffered plan to allow for an office use instead of a hotel use and to allow for an expansion of Dennis Enterprises car dealership. The properties, described as Tax Map 78, Parcel 73A and Parcel 13, are located in the Rivanna Magisterial District on Hanson Road in the Giant Shopping Center at Pantops and on Route 250. The Comprehensive Plan designates these properties as Regional Service. They are located in Pantops. (Michael Barnes) DEFERRED FROM THE DECEMBER 17, 2002 PLANNING COMMISSION MEETING. SDP-02-084 South Pantops Office Preliminary Site Plan - Request for preliminary site plan approval to construct two office buildings totaling 43,200 sq. ft. on approximately 6.95 acres of a 24+ acre site. (Yadira Amarante) DEFERRED FROM THE DECEMBER 17, 2002 PLANNING COMMISSION MEETING. (Not under consideration on January 14, 2002.) SP-02-13 Dennis Enterprises Expansion - Outdoor Display (Sign #40) - Request for special use permit to allow additional vehicle display parking in accordance with Section 30.6.3.2.b of the Zoning Ordinance which allows for outdoor storage and display. The property, described as Tax Map 78, Parcel 13, contains 3.748 acres, and is located in the Rivanna Magisterial District on Rt. 250 (Richmond Road)approximately 1 mile from the intersection of Richmond Road and Stony Point Road. The property is zoned HC, Highway Commercial, EC Entrance Corridor. The Comprehensive Plan designates this property as Regional Service in Development Area 3. ALBEMARLE COUNTY PLANNING COMMISSION —JANUARY 14, 2003 8 DRAFT MINUTES-SUBMITTED FEBRUARY 3, 2003 (Francis MacCall) DEFERRED FROM THE DECEMBER 17, 2002 PLANNING COMMISSION MEETING. -3.4 Dennis terprise 'nflr.Site,Plan Amendment- Request for an approval of a minor site plan amendment to allow for the expansion of an existing parking lot. (Francis MacCall) DEFERRED FROM THE DECEMBER 17, 2002 PLANNING COMMISSION MEETING. Critical Slopes Waiver for Dennis Enterprises (SDP 02-84) Mr. Barnes presented the staff reports for ZMA-02-08, SP-02-13 and SDP-02-34. He pointed out that SDP-02-084 would not be under consideration tonight. The plan under consideration was a conceptual plan and not a site plan. If the conceptual plan is approved for the rezoning, then the site plan will go through the admonitory review for the site plan itself. He pointed out that staff has recommended that portion #3 that included the corner property that was sold off to Dennis Enterprises be pulled out of the Planned District since it was zoned Highway Commercial and could go with the remainder Dennis Enterprises portion of the site. While portions #1 and #2, which are in consideration tonight,will remain in the Planned District and governed by the actions that are before the Commission tonight. The Commission previously reviewed what is located on page 10. That plan had problems since staff felt that the plan should be more consistent with the Neighborhood Model. Other concerns included.the grading impact, terracing the parking and protection of the Entrance Corridor. The Commission made a series of comments that helped to provide direction to staff and the applicant. What is before the Commission tonight is listed on page 12 of the staff report and the colored plan was located on the wall. The advantage of this plan is that the building fronts on Hansen Mountain Road with relegated parking behind the building. This minimized the amount of fill slope because previously the fill was going almost to the rear of the property line. Staff feels that the new plan addresses the previous concerns. One outstanding concern includes traffic. He asked that the applicant address that concern. He noted that would cover his presentation for the rezoning. As far as the special use permit, the ARB reviewed the special use permit for outdoor display. They received the concept plan that was located on page 22 of the staff report. The plan that was provided for the special use permit application, minor site plan amendment and critical slope waiver has been reviewed by the ARB and they recommended a number of conditions. These conditions have either been met on this plan or will be met through the site plan and recommended as conditions for the special use permit. It meets the needs and the concerns raised by the ARB. Finally, there is the critical slope waiver of which staff is recommending approval. Details concerning this are included in the staff report. Mr. Rieley opened the public hearing and asked if the applicant would like to address the Commission. Mr. Katurah Roel stated that they had worked diligently on the plan to incorporate as many aspects of the Neighborhood Model. He pointed out as far as the tree preservation, they had gone out and field located 6 to 8 inch trees with other smaller Dogwoods and a mixture of trees within the wetlands. He noted that the last plan had been modified so that at the edge of the parking lot it had a 10-foot fill. He pointed out that the existing area that is clear is the existing area of the graded lot now with the exception. The existing tree line, safetyy fences and everything as is stays short of the very left-hand corner where it has to be tied in at Rolkin Road. There is a little cluster of trees there that has to be filled and the access has to be in. Staff wants them to reserve an area for future road right-of-way. He noted that they as well as Dennis Minetos of Dennis Enterprises would proffer not to put any buildings in those locations in the event that the road is ever designed and built. Mr. Rieley asked if that proffer was in place. Mr. Roell stated that the proffer had already been reviewed and submitted. He pointed out that he reduced the size of the building and slightly changed the facade of the building in order to take ALBEMARLE COUNTY PLANNING COMMISSION—JANUARY 14, 2003 9 DRAFT MINUTES-SUBMITTED FEBRUARY 3, 2003 the double pier of parking lot design out. He pointed out that there was 1'/z times the amount of tree canopy provided as requested by the ARB. He stated that he would be happy to answer any questions. Mr. Rieley asked if there was anyone else present to speak concerning this series of applications. There being no further comment, he closed the public hearing to bring the matter back to the Commission for discussion and possible action. Mr. Edgerton stated that he was very pleased with the revision of the conceptual site plan and he concurred with the staffs review. Mr. Rieley asked that they take each application up separately Mr. Finley moved for approval of ZMA-02-08, South Pantops/Dennis Enterprises, subject to the proffers as submitted. Ms. Hopper seconded the motion. The motion carried unanimously(6:0). (Loewenstein absent) Mr. Benish asked for clarification on the approval so that the minutes are clear for the Board of Supervisors. He noted that the staff recommendation was pending information regarding the transportation study which staff has not had a chance to review, but staff feels that is not a significant issue. Staff has not received the numbers for verification and wants to make sure that the Commission was comfortable with that. Staff was recommending approval; otherwise they had hoped to have some documentation so that they would feel confident that it is not a significant issue. He pointed out that he wanted it recorded that the Planning Commission understood that in their action. Mr. Rieley stated that the Commission did not have any problem with those caveats that include the proffer and staffs caveat about the traffic. Mr. Rieley asked for a motion on SP-02-13, Dennis Enterprises Expansion-Outdoor Display. Ms. Hopper made a motion for approval of SP-02-13, Dennis Enterprises Expansion — Outdoor Display,with the staffs recommended conditions as follow: The Planning Commission recommends approval of Special Use Permit (SP 02-13) with the following conditions: 1. Vehicles shall not be elevated. 2. Vehicles shall be displayed only in the areas indicated for display shown on the plan. 3. The use shall not commence until a Certificate of Appropriateness is issued by the ARB, including landscape and lighting plans. 4. Provide screening trees to the east, south and west of the proposed parking area to reduce the impact of the loss of trees and to soften the appearance of the expanse of proposed pavement. Provide a mixture of screening trees, ornamental trees, and shrubs throughout the slope of the grading easement to the east of the site. A landscape easement will be required for off-site planting. 5. Provide the planting bed with the seven (7) Eastern Red Cedars in the central portion of the parking area as shown on the Minor Site Plan Amendment (SDP 02-34) dated March 8,.2002, revised November 4, 2002. 6. Rather than alternate the screening trees along the eastern property line, cluster the same species in groups and alternate groups of screening trees to create a more informal and naturalistic landscape. 7. Submit a landscape easement for off-site planting. ALBEMARLE COUNTY PLANNING COMMISSION—JANUARY 14, 2003 10 DRAFT MINUTES-SUBMITTED FEBRUARY 3, 2003 8. Provide screening trees that will grow to a height that will sufficiently screen the proposed parking area. This will require a wider planting area, which will necessitate the removal of most, if not all, of the 11 display parking spaces in the first row. Mr. Craddock seconded the motion. The motion was unanimously (6:0)approved. (Loewenstein absent) Mr. Rieley asked for a motion on SDP-02-34, Dennis Enterprises Minor Site Plan Amendment. Ms. Hopper moved for approval of SDP-02-34, Dennis Enterprises Minor Site Plan Amendment. Mr. Finley seconded the motion. The motion carried unanimously (6:0). (Loewenstein absent) Mr. Rieley asked for a motion on the Critical Slope Waiver for Dennis Enterprises (SDP-02-84). Ms. Hopper moved for approval of the Critical SDP-02-84, Slopes Waiver for Dennis Enterprises, with the staffs recommended conditions as follows: The Planning Commission recommends approval of the request to disturb the critical slopes with the following condition: 1. The proposed 3:1 slopes must be stabilized with low maintenance vegetative ground cover. The vegetative cover must be a variety selected from Table 3.37-C on page III- 391 of the Virginia Erosion and Sediment Control Handbook or an equal approved by the Engineering Department. Mr. Edgerton seconded the motion. The motion carried unanimously (6:0). (Loewenstein absent) SP-2002-059 Townwood Mobile Home Park Amendment (Sign #64 & 65) - Request to amend an existing special use permit (SP 99-074), which allows the expansion of the mobile home park, by changing the conditions of approval requiring the relocation of several existing mobile home units and the creation of new lots. This request is in accordance with Section 17.2.2.17 of the Zoning Ordinance, which allows for mobile home Parks in the R-10, Residential zoning district. The property, described as Tax Map 61, Parcel 8, contains 12.65 acres, and is located in the Rio Magisterial District on Rt. 631, (Rio Road West) at the intersection with Townwood Drive private]. The property is zoned R-10, Residential and EC, Entrance Corridor. The Comprehensive Plan designates this property as Urban Density in Neighborhood 1. (Stephen Waller) DEFERRED FROM THE DECEMBER 17, 2002 PLANNING COMMISSION MEETING. Mr. Waller presented the staff report. (See the attached copy of the staff report.) He noted that the proposed amendment would change the conditions of the 1999 approval that requires the relocation of most of the existing mobile home units within the park and it also would change some of the timing for the creation of the new lots. In addition to those changes it would also reduce the number of new lots from 32 to 24 and take into account some of the improvements that have already been made throughout the site. At this point, only 6 of the recently approved mobile home units have been installed on the new lots within the park and only two of the units have been relocated. At the time when they were receiving building permits to create some of the new lots and relocate some of the older mobile homes, the applicant found that some damage to the foundations had occurred over the time that the units had been there. The applicant also indicated that it was quite disruptive to a lot of the people who were expected to move their stuff ALBEMARLE COUNTY PLANNING COMMISSION—JANUARY 14, 2003 11 DRAFT MINUTES-SUBMITTED FEBRUARY 3, 2003 out one day and then have their home relocated and then move their items back in on the next day. Since the original approval was granted, it has been discovered that there were two nonconforming mobile home units that were in the park that had not been accounted for. These lots were found as a result of our E911 addressing' system which was actually one of the requirements of the most recent special use permit for approval for each of those lots to be posted with the new E911 addresses. The staff report was written in three parts. The first part deals with some of the reasons why the applicant has requested this amendment. The second part was written in relationship to the modification of the supplemental regulations in Section 5.3 for Mobile Home Parks. Because of the changes that are being requested now all those modification that were approved before would have to be amended and approved again because if this special use permit is approved they will no longer be relevant to the old special use permit. The third part of the staff report goes over some of the changes that are being requested and some of the improvements that have already taken place in relationship to the original special use permit conditions. Due to the length of the staff report, he would open it up to their discussion. Mr. Rieley asked if there were any questions for staff. Mr. Craddock stated that the staff report mentioned something about some of the mobile homes being close together which was to be reviewed by the Fire Official. He asked if they have looked, at it. Mr. Waller stated that Jay Schlothauser, Building Official, is acting as the Fire Official for site review purposes. Mr. Craddock asked since the staff report was done if staff has any idea of when Townwood will be accepted into the State system. Mr. Waller stated that he has still not heard about that either. He noted that some of the residents have had some of the same questions. It was his understanding that the dedication is already in process, but it just has not been accepted into the system. There were a lot of improvements that the mobile home park had to make in order to help bring the road up to standard for acceptance in the system. It is just something that has not happened yet. Staff noted that they heard from VDOT on their site review comments, but that their comments were in the form as if the road is already a public road. Mr. Rieley asked staff is there was anything outstanding on the issue of dedication. Mr. Waller stated that he knew nothing that was related to this project. He pointed out that the applicant has dedicated the stormwater easement to carry some of the water from Townwood Road to their stormwater management system. They have even done grading to connect to the road with the street light near the intersection of the road. At this point,the road is just not in the State system and they have no right to connect with it. Mr. Benish stated that there were some additional issues related to Townwood that were not adjacent to this site, but at the end of the road that required other drainage easements as part of the Townwood Townhouses. He pointed out that he did not know if that issue had been rectified. Mr. Thomas asked if the water pressure problem had been corrected. Mr. Waller stated that the full site has connected to the Service Authority for domestic water and for the location of three fire hydrants throughout the site for fire flow. Mr. Benish stated that there were some additional recommendations for recreational facilities. He stated that he believed that the facilities are still in place and were consistent with what the intent was previously. ALBEMARLE COUNTY PLANNING COMMISSION—JANUARY 14, 2003 12 DRAFT MINUTES-SUBMITTED FEBRUARY 3, 2003 Mr. Rieley asked if condition #5 was in addition to the screening required previously. Mr.Waller stated that the original approval stated that a 50-foot buffer shall be maintained at the rear of the property. Staff visited the site this winter and found that the area near the stormwater management system was not screened effectively. Staff feels that the suggested condition would address the screening of the stormwater management pond. He passed out a memo with suggestions for changes to the conditions. He pointed out that the applicant has submitted a waiver of the condition of the application plan of Section 5.3.6. It was intended to have a condition added to that waiver that requires administrative approval of the major site plan amendments reflecting the changes that are being proposed now in accordance with the special use permit. Staff would like to have that condition added. Mr. Rieley stated that the Commission would take these up one at a time during their discussion. He opened the public hearing and asked if the applicant would like to address the Commission. Mr. George McCallum, Attorney in Charlottesville, stated that he represents the applicant. He pointed out that the applicant is Townwood Mobile Park, LLC which is a limited liability company whose owner is Doug Caton. Mr. Caton is also present. The application is relatively simple in concept with many details. The applicant is requesting the modification of the existing requirements to allow 66 of the 73 existing mobile homes to stay in place where they are and to better accommodate the location of mobile homes on the 32 lots that were authorized in the previous special use permit. This application would reduce the number of authorized new lots from 32 down to 24. Jan Sprinkle, of Zoning, and Stephen Waller, of Planning, have done a wonderful job of digesting the applicant's request and expressing in the staff report the modifications and conditions that are needed. The staff recommends approval of the request with the conditions. The applicant agrees with most of the conditions. There are several that they would ask them to consider further modifying of which he would get to. The staff report on pages 10 and 11 sets forth the things in which the applicant has done in Townwood Mobile Home Park subsequent to acquiring the project from Dr. Hurt in July of 1999. At that time there were some outstanding zoning violations which have been corrected. The water lines have been installed for domestic consumption and have been accepted by the Albemarle County Service Authority. Waterlines and three new fire hydrants have been added to fire safety and the pressure brought up. The stormwater management system has been installed which includes an outside detention pond and some extra curbing and guttering to channel and direct on site drainage. The internal loop road has been widened, upgraded and paved. Various landscaping has been installed or bonded. The necessary grading for the second entrance onto Townwood Drive has been completed and ready to be paved and brought across the grass to Townwood Drive. There are some VDOT implications that he will get to. New screening fencing has been installed along Townwood Drive along the actual boundary. The old fencing was within the old road right-of-way. The screening fencing along the Four Season PUD has been completed. The street light for the new second entrance onto Townwood has been installed. There was a mobile home that use to project at bit into the Townwood Drive right-of-way which has been moved back. The only things • that remain to be done are to install some amenities that include a picnic area and an outdoor seating area within a 10,000 square foot recreation area and the completion of this second entrance into Townwood. He passed out two pages that includes pages 12 through 15 of the staff report which is the conditions of approval and modifications with conditions with his handwritten revisions on it. He felt this would help the Commission with their areas of concern. Condition #4 on page 13 relates to the timing of the issuance of the certificates of occupancy for the 14th through the 24th mobile homes on new lots. There are 73 existing mobile homes and 13 new mobile homes are permitted on new lots before a connection is needed to the second entrance to Townwood. The staff is recommending that limitation to continue. The applicant is requesting that the second entrance onto Townwood be completed within 120 days after the issuance of a highway entrance permit by VDOT. In addition, the owner will apply for a highway entrance permit within 60 days after the owner is notified that Townwood Drive has been ALBEMARLE COUNTY PLANNING COMMISSION—JANUARY 14, 2003 13 DRAFT MINUTES-SUBMITTED FEBRUARY 3, 2003 accepted into the State Highway system by VDOT. He pointed out that he received information today through the County Engineering Department of the status. It has been back and forth between the applicant, the County and VDOT. The County Engineering Department has submitted to VDOT the paperwork with respect to final approval for VDOT. They have done that • once before and VDOT kicked it back. Staff feels that the paperwork is good and that VDOT will respond within a week or so in a favorable way. Then the next step would be for the Board of Supervisors to enact an ordinance and then it goes to VDOT in Richmond. This applicant has done everything that was required including the granting of the drainage easement from Townwood Drive into the detention pond. The applicant feels that to continue to tie the issuance of 11 final certificates of occupancy to the actual connection is not appropriate at this time. The applicant has done all that he can do and is willing for it to be a condition and to move timely. But they don't know when VDOT is indeed to act. It was thought last spring that it was going to happen by June, then by August and now they are into January. Condition of approval #2, assuming that this request is approved by the,Planning Commission and Board, states that no more construction or mobile homes can be added until a major site plan is prepared, submitted and approved. There will be some hiatus where things stop right now since nothing has been changed and they would be able to get a certificate of occupancy. These 7 lots that he has listed are ones that are not occupied and are exactly the same on the current approved site plan and on the revised ones. He asked that these 7 lots be exempted from this condition. Modification #1 is language which County staff agrees with. Finally modification #5, there are 13 existing mobile homes located along Townwood Drive. The pavement of Townwood Drive starts 15 feet•back from the property line. Therefore, there is a 15-foot space of what is currently grass. There is the new 6-foot privacy fence and on the other side of it are these 13 mobile homes. The applicant requests a 3-foot setback. Zoning was recommending 6 feet. The area is tight in here with the new mobile homes being longer. The applicant feels that this 3 foot difference could be critical in locating a new mobile home in there in the future and do not see the difference since it is located on the other side of the fence. Mr. Rieley asked if anyone else wanted to address this application. There being none, he asked if the applicant had additional comments. Doug Caton, property owner, stated that this has been a long struggle, but he felt that the improvements were good for the community and would improve the quality of life for the tenants. He pointed out that he has spent a lot of money on the property to improve the health, welfare and safety of the area. He asked for favorable consideration by the Commission on the request. There being no further comment, Mr. Rieley closed the public hearing to bring the matter before the Commission for discussion and action. He asked that they go through each condition individually to decide on the changes. Mr. Rieley stated that condition # 1 was fine. He asked about condition #2. Mr. Waller stated that staff would be agreeable to Mr. McCallum's changes provided that there is some mechanism for the Zoning Department to verify for each building permit that these lots are not going to be no different from what is being proposed. Mr. Rieley stated that they would comply with the July 12, 2002 plan. Mr. Waller agreed and added "with the approved site plan." Mr. Kamptner stated that he was making a note of the change and would have the final draft by the end of the meeting. Mr. Rieley asked that as they go through the conditions, if staffs language is different from Mr. McCallum's, then they can discuss them one by one so that Mr. Kamptner will have a coherent ALBEMARLE COUNTY PLANNING COMMISSION—JANUARY 14, 2003 14 DRAFT MINUTES-SUBMITTED FEBRUARY 3, 2003 document by the time that they get to the end. He stated that condition # 3 stayed the same on everybody's list. He stated that regarding condition#4, you heard Mr. McCallum's plea that they not be held to the inefficiencies of the dedication process within VDOT. He noted that Mr. McCallum requested that they be allowed to make their application within 60 days of being notified that it has been accepted by VDOT and that the entrance permit is completed with 120 days after that. He asked what staff suggested. Mr. Waller stated that the purpose of the condition in the original special use permit was because the Zoning Ordinance requires a second entrance for a residential development with more than fifty units. He noted that there are well over fifty units out there right now, which did not include the addition of the one-third of the number of units. Due to safety reasons related to the traffic paths and congestion created by everyone trying to get out to the one light on Rio Road, staff still supports the original condition as it was written. Mr. Rieley stated that sounded reasonable. He asked for thoughts from the Commissioners. Ms. Hopper asked if it would be with Mr. Kamptner's revision. Mr. Kamptner noted that his suggestion was to break the second and third sentence. Ms. Hopper supported staffs recommendation: Mr. Rieley stated that he thought that they have to. He noted that conditions # 5, # 6 and # 7 were unchanged. He stated that next they would discuss the conditions of the modifications. The first modification deals with the setbacks. He noted that staff was in agreement with Mr. McCallum's suggested language. Mr. Waller agreed with the change in the condition. He pointed out that after speaking with Zoning that the condition is in line with what is required for true subdivision lots where the setbacks are counted from the earliest point from the minimum lot width. He felt that was what Zoning intended with that condition. Mr. Rieley asked about modification # 2. He asked staff if part of the final sentence should be struck. Mr. Waller stated that part of the second sentence should be struck and read as, "The modification shall pertain only to 73 existing and realigned mobile homes." Mr. Rieley asked if anybody disagreed with that. Since no one disagreed with condition # 3, the language would remain the same. He stated that condition #4 would remain the same. He stated that modification # 5 dealt with the 6 foot and 3 foot minimum setback from the Townwood Drive right-of-way. Mr. Waller stated that staff was in agreement with changing the term lots to mobile homes because each of the mobile homes that they are discussing that are existing are not on what is officially termed lots anyway. The recommendation for 6 feet actually came from the Zoning Department because in the residential and rural areas the closest setback allowed for accessory structures is 6 feet. He suggested that the Planning Commission allow these units at 3 feet because of the existing conditions and taking into consideration the applicant's explanation that it would be hard to get some of the newer units in. If there were ever any replacements, staff would be agreeable to the 3 feet. He pointed out that in some places it would be better than it is currently because some of them are actually as little as 1 foot away. Mr. Rieley noted that the right-of-way was an invisible line that has setbacks some substantial distance from the edge of the pavement. Particularly since there is an existing pattern that has been established and the fact that it is an anticipated hardship, he was sympathetic to this ALBEMARLE COUNTY PLANNING COMMISSION —JANUARY 14, 2003 15 DRAFT MINUTES-SUBMITTED FEBRUARY 3, 2003 request. He asked if anybody felt otherwise. There being no other comment, he stated that they would accept the applicant's suggestion for#5. He stated that#7 and # 8 were unchanged. He stated that the only changes on the following page are simply realignment or replacement of existing homes. Mr.Waller asked that they go to#8b. Mr. Kamptner noted that under condition #11, staff is proposing a condition to follow Section 5.3.6.6 Waiver. Mr. Waller stated that was for approval of the major site plan amendment. He noted that also the first sentence 8b had been rearranged to read, "In order to insure that as many trees as possible are left along the Four Seasons property line, new mobile homes and shed siting on lots N16 through N21, and realignment or replacement of existing homes along the Four Seasons property line shall not remove any trees..." He noted that it goes on to describe the circumstances under which trees may be removed and that is with the Zoning Administrator's approval. Mr. Rieley asked if anyone had a problem with the proposed language change in 8B. There being none, he stated that it would be changed as previously stated. He asked staff about#11. He stated that it said administrative approval of the major site plan amendment reflecting the proposed changes in accordance with the amended special use permit. He noted that this was a substitution. Mr. Waller stated that this was actually a case where staff meant to add that condition, but it was just left out of the staff report Mr. Rieley suggested that the Commission review Mr. Kamptner's recommended conditions starting with condition # 5, since they have already covered #4. The condition should state that additional shade tolerant screening trees shall be provided along the south and west sides of the stormwater detention pond. Mr. Kamptner questioned if the condition needs to specify how many additional trees were needed to satisfy the condition and at the time of planting what size they need to be. He asked if those questions would be addressed on the landscape plan or the applicant's revised plan. Mr. Waller stated that as far as the counting of the trees or the width of the trees, staff would look for screening that is required by the landscape ordinance which is two-double staggered rows of screening trees 15 feet on center. Mr. Rieley stated that was covered in the existing ordinance. Mr. Waller stated that additional language could be added that required the Landscape Planner's approval of the shade tolerant trees. He pointed out that was something that he would refer to her expertise anyway. Mr. Rieley asked if there were some words missing after the word "along" in modification #8 regarding Section 5.3.5.2. Mr. Waller stated that was what they just went through for #8b concerning the Four Seasons property line. Mr. Rieley stated that he had that correction. He pointed out that they had gone over all of the conditions. He asked if there was any discussion about the application in general or any of the revisions that they just made. There being none, he asked for a motion. ALBEMARLE COUNTY PLANNING COMMISSION—JANUARY 14, 2003 16 DRAFT MINUTES-SUBMITTED FEBRUARY 3, 2003 Ms. Hopper moved for approval of SP-02-059, Townwood Mobile Home Park Amendment, with the conditions as modified: 1. Pending the satisfaction of all conditions of approval for the special use permit and Planning Commission modifications of Section 5.3, a maximum of 24 of the new mobile home lots (N1 -N24) shall be allowed in the mobile home park. Those new lots shall be arranged generally in the areas and configuration shown on the applicant's revised plan, dated July 12, 2002. 2. No mobile home units shall be relocated or installed, nor shall any new construction activity I take place until after a major site plan amendment has been approved for the requested changes. Lots N3, N4, N6, N7, N8, N22, N23 and N24 on the applicant's revised plan dated July 12, 2002, are exempt from this condition. 3. A landscape plan shall be submitted for review with the required major site plan amendment and shall show the locations of any previously approved landscape material that will be relocated to coordinate with the revised mobile home locations. 4. Completion of the second entrance onto Townwood Drive, in the location shown on the site plan, pending acceptance of the road into the Virginia Department of Transportation's road network or the granting of an easement to use the road by its current property owners. To this date, 6 new units have been installed in the mobile home park. A Certificate of Occupancy shall not be granted for the 14th unit until this second entrance is completed and has been issued a VDOT permit or access easement. 5. Additional shade tolerant screening trees shall be provided along the south and west sides of the stormwater detention pond from adjacent residential properties located within the Townwood Townhomes development. Screening trees shall be subject to Landscape Planner's approval. 6. Entrance radii at Route 631 shall be shown on the amended site plan. Vehicle tracking paths for a mobile home trailer shall be shown on the plan for trailers turning off of Route 631 into the mobile home park. 7. A prepared walkway shall be constructed from the nearest parking spaces to any lots that do not front on the internal private street. Mr. Thomas seconded the motion. The motion was unanimously approved (6:0). (Lowewnstein absent) Mr. Kampnter asked that the modifications have a separate vote. Mr. Rieley stated that they would now take up the modifications. Mr. Craddock made a motion to approve the modifications as revised: The Planning Commission recommends approval of the following requested modifications of the Supplemental Regulations from Section 5.3 of the Zoning Ordinance with conditions as listed below. Should the Planning Commission find that these modifications are appropriate, the conditions of approval for the conditions should also be applied and incorporated with the action for the special use permit: 1. Section 5.3.3.1, Modification to allow for the reduction in the 4,500 square foot area and required 45-foot width for the 73 existing and realigned unit locations, with the following condition: ALBEMARLE COUNTY PLANNING COMMISSION—JANUARY 14, 2003 17 DRAFT MINUTES-SUBMITTED FEBRUARY 3, 2003 All new lots shall meet the minimum dimension requirements. The setbacks within Lots N13, N14, and N15 shall be revised to show home locations only where these lots meet the 45-foot minimum width requirement. 2. Section 5.3.4.1, Modification of the requirement that each mobile home shall be located on a mobile home lot, and that the lot shall provide space for outdoor living and storage and may provide space for a parking space,with the following condition: This modification shall pertain only to 73 existing and realigned mobile homes. 3. Section 5.3.4.3, Modification to allow for a reduction from the required 50 feet of minimum distance between mobile homes and any service or recreational structure to be used by more than one unit,with the following conditions: a. Existing mobile homes E70, E71, and El 3 shall not be located any closer to the dumpsters, than they are shown on the attached plan, last revised July 12, 2002. b. Existing mobile home E47 shall not be located any closer to the tot lot than it is shown on the attached plan, last revised July 12, 2002. c. New lots N12 and N13 shall have six (6) foot minimum setbacks from the edge of the path to the cemetery and open space. 4. Section 5.3.4.4, Modification to allow for the reduction 30-foot minimum distance between the 73 existing and realigned units,with the following condition: The spacing between all existing mobile homes shall be subject to Building Official or Fire Official review of the major site plan amendment for compliance with the County's fire codes. 5. Section 5.3.5.1, Modification to allow for a reduction of the 50-foot setback for 13 of the existing and realigned units adjacent to Townwood Drive, with the following conditions: a. Existing mobile homes El, E2, E4 through E12, and E72 are allowed to remain in their current locations, provided that if any of these mobile homes ever be relocated or replaced voluntarily, it shall have a 3-foot minimum setback from the Townwood Drive right-of-way. b. Existing mobile home E3 shall have a three- (3) foot minimum setback from the Townwood Drive right-of-way at the time when it is relocated to its proposed P3 position. c. New lot N1 shall have a three- (3)foot minimum setback from the Townwood Drive right- of-way. 6. Section 5.3.5.1, Modification to allow for a reduction of the 50 foot setbacks to a 3-foot setback for new lot N1 and to 35 feet for new lots N2 and N9, adjacent to the Townwood Drive property line, with the following condition: The screening fence shall be extended 35 feet into the mobile home park from Townwood Drive along each side of the new entrance road. 7. Section 5.3.5.2, Modification to allow a reduction of the 50-foot setbacks for 26 of the existing units adjacent to the Four Seasons PUD property line, with the following condition: None of the existing mobile homes or other structures within 15 feet of the Four Seasons PUD property line shall ever be allowed to be relocated or replaced any closer than their current locations. ALBEMARLE COUNTY PLANNING COMMISSION—JANUARY 14, 2003 18 DRAFT MINUTES-SUBMITTED FEBRUARY 3, 2003 • 8. Section 5.3.5.2, Modification to allow for a reduction of the 50-foot setbacks to a 15-foot setbacks adjacent to the Four Seasons PUD property line for new lots N16 through N21, with the following condition: a. A sketch showing all existing trees of 6 inches in caliper or greater shall be presented with each building permit application for mobile homes along the Four Seasons property line. b. In order to insure that as many trees as possible are left along Four Seasons property line, new mobile homes and shed siting on lots N16 through N21, and realignment or replacement of existing homes along the Four Seasons property line may not remove any trees, unless specifically authorized by the Zoning Administrator, during the building permit process. 9. Section 5.3.5.3, Modification to allow for a reduction of the 15-foot setback for 17 existing units from the internal private street, with the following condition: No existing mobile home that is already located within 15 feet of the internal private road shall be relocated or replaced so that it is closer to the road. 10. Section, 5.3.5.4, Waiver of the requirement for structures to be setback at least 6 feet from lot lines,with the following condition: a. No existing mobile homes or other structures shall be located any closer than they are currently shown on the attached plan, last revised July 12, 2002. b. Sheds and other storage structures may be constructed so that they share a common wall. 11. Section 5.3.6, Waiver of the requirement to submit an application plan with the special use permit for a mobile home park, with the following condition: Administrative approval of the major site plan amendment reflecting the proposed changes in accordance with the amended special use permit. 12. Section 5.3.7.2, Waiver of the requirement that all new, existing and realigned mobile homes be clearly defined with permanent markers corresponding to number of each lot as shown on the site plan,with the following condition. Each mobile home shall be numbered and posted according to the County's Road Naming and Property Numbering Ordinance and Manual. 13. Section 5.3.7.3, Waiver of the requirement to provide 6 recreational vehicle parking spaces within the mobile home park's common area. No conditions are recommended. 14. Section 5.3.8.1, Modification of the requirement for 100 square feet of hard-surfaced outdoor living area, with the following condition: Opportunities for outdoor seating and a picnic area shall be provided within the 10,000 square foot central recreational area. Mr. Edgerton seconded the motion. The motion was unanimously approved (6:0). (Lowewnstein absent)