HomeMy WebLinkAboutSP200800058 Review Comments Special Use Permit 2009-04-20COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: SP 2008 -58 JR Harris Garage —
Staff: Joan McDowell,
Amendment and Critical Slopes Waiver
Principal Planner Rural Areas
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
May 5, 2009
June 10, 2009
Owner /s: Thomas and Theresa Harris
Applicant: Thomas and Theresa Harris
Acreage: 3.23 acres (total)
Special Use Permit: Zoning Ordinance
.60 acres designated for special use permit
Section 10.2.2 (37) Public Garage
TMP: 008000000035AO
Existing Zoning and By -right use: Rural Areas
Location: 6929 Markwood Road, approximately
- agricultural, forestal, and fishery uses;
one -half mile north of Davis Shop Road
residential density (0.5 unit/acre in development
lots)
Magisterial District: White Hall
Conditions or Proffers: Yes
RA (Rural Areas) X
Requested # of Dwelling Units: N/A
Proposal: amend SP 01 -49 to allow an expansion
Comprehensive Plan Designation:
of the auto repair garage
(Rural Areas 1) Rural Areas — preserve and
protect agricultural, forestal, open space, and
natural, historic and scenic resources/ density
( .5 unit/ acre in development lots)
Character of Property: mixture of residential
Use of Surrounding Properties: residential,
and auto repair garage
agricultural, and forestal
Factors Favorable:
Factors Unfavorable:
1. The public garage is an existing operation
1. The garage, if conditions are not
that provides a service to the surrounding
implemented, compromises the character
community.
of the Rural Areas district.
2. The applicant has made improvements to
the garage and the parking area.
3. The use is consistent with the Rural Area,
if all impacts of this use are mitigated.
RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions.
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Petition:
PROJECT: SP200800058 Harris Garage
PROPOSED: Amend SP 00 -49 Thomas Harris Garage to allow an expansion of a public garage on approximately
a .60 -acre portion of a 3.23 -acre parcel
ZONING CATEGORY /GENERAL USAGE: RA Rural Areas - agricultural, forestal, and fishery uses; residential
density (0.5 unit/acre in development lots)
SECTION: 10.2.2 (37) Public Garage
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural, forestal,
open space, and natural, historic and scenic resources/ density (.5 unit/ acre in development lots)
ENTRANCE CORRIDOR: No
LOCATION: 6929 Markwood Road, approx. one -half mile north of Davis Shop Road
TAX MAP/PARCEL: 008000000035AO
MAGISTERIAL DISTRICT: White Hall
Character of the Area:
Located approximately one -mile south of Greene County, this area consists of a mixture of residences, agricultural
uses, and wooded areas. Beaverdam Creek is located on an adjacent property to the east, at a lower elevation than
the garage.
Specifics of the Proposal:
In 2002, a special use permit for a public garage (SP 2001 -49) was approved with conditions that had been framed
to bring an existing non - conforming garage into conformity with the zoning ordinance and to alleviate several
zoning and building violations. With this application, the applicant has requested an amendment to the special use
permit in order to expand the garage facilities. The chart below summarizes the existing and proposed facilities in
three categories:
1) garage facilities approved with SP 2001 -49;
2) garage facilities that have been constructed without approval of an amendment to SP 2001 -49 with one
exception: a building expansion that was administratively approved by the Zoning Division, as it was determined
that it would not be an expansion of the approved public garage (Attachment B). With the exception of this
building expansion, the remaining improvements are zoning violations (Attachment C); and
3) items that have been requested with SP 2008 -58 that have not been implemented.
SP 2001 -49 — APPROVED
EXISTING FACILITIES
ADDITIONAL CHANGES
PROPOSED W/ SP 2008 -58
PROPOSED W/ SP 2008 -58
1,936 sq.ft. metal building for a
1,496 sq.ft. block building
16' X 30' Storage building
public garage containing 3 bays
expansion with 1 bay (to contain
existing outside car lift) and storage
was administratively approved
10 parking spaces (outside)
5 additional parking spaces (outside)
Designate area for special use permit
— 15 total
to separate it from the residential
portion of the property
1 outside car lift (moved inside to
1 new outside car lift
new building expansion)
Gravel parking and access
Paved parking and access
Trash dumpster (front)
Relocated trash dumpster (rear)
Paint mixing building
Carport — two car spaces
Carport — three car spaces
In addition, an approximately a .60 acre portion of the property has been designated for the public garage use. The
remaining property contains a residence and accessory buildings for the residence. Additional information
regarding this separation of the garage use and the residential use is discussed in the Staff Comment section of this
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report.
Planning and Zoning History:
• The SP 01 -49 staff report includes the history of a garage on this property (Attachment D, pages 2 -3).
• SP 01 -49 was approved by the Board of Supervisors on February 13, 2002.
• Currently there are Zoning Violations on the property (Attachment C)
• The applicant received building permits (residential) for two carports, but when it was determined that these
carports were part of the public garage operation and not the residence, the applicant was notified that the
permits were voided and that commercial permits would be required, subject to approval of an amendment to
the special use permit.
Conformity with the Comprehensive Plan:
The property is located within the Rural Areas land use designation of the Comprehensive Plan.
While the Rural Areas section of the Comprehensive Plan does not specifically mention public garages, it does
caution that the size and intensity of rural alternative uses should be limited so that they do not conflict with the
character of the Rural Areas. A Guiding Principle aims to address the needs of existing rural residents without
fostering growth and further suburbanization of the Rural Areas. The expansion of an existing garage to serve the
surrounding community would not appear to conflict with goals and policies of the Comprehensive Plan, if the
garage expansion is careful to retain the rural character of the area. Therefore, a condition of approval (Condition
8) is offered to require additional landscape screening between both Markwood Road and the garage facilities and
to contain the garage uses within a specific area of the property.
STAFF COMMENT:
As described in SP 2001 -49 staff report (Attachment D), there is a history of zoning and building violations related
to this use. The applicant had been operating the garage at a scale greater than staff could recommend for approval
without conditions needed to bring the operation into scale and intensity for a use to be consistent with rural area
policies. This history together with the current violations again raises questions concerning the scale and intensity
of this use and the applicant's non - compliance with the conditions of the existing special use permit. In discussions
during the review of this application, it became apparent that a part of the problem may have resulted from the
unusual number of vehicles owned by the applicant's family (15 vehicles currently) parked on the property. In
addition, even though an expansion to the garage was administratively approved to allow inside storage of
materials, the applicant has continued to store items outside on the garage site. In seeking a solution, the
applicant's engineer believes that a separation of the business from the residential use may direct customer and
private parking to different areas of the property. With this separation, the area inside that part of the property
subject to the special use permit for a public garage (special use permit boundary) would contain vehicles waiting
for repair, for pick up, and in the paint drying process. All vehicles owned by the family would be parked outside
the special use permit boundary. Occasional minor repairs that would allow the vehicle to be started in order to be
moved into the garage for further repairs would be permitted outside. All other vehicle repair, painting and
assembly related to the public garage would be restricted to the inside of the garage. Signage along the driveway at
the public garage area entrance would indicate where customers may park their vehicles and where the parking is
for private use only. The existing restriction on outdoor storage (Condition 5) would continue and the outdoor
storage of materials currently taking place outside would be placed inside a new 480 square foot storage building.
A comparison of this use and other public garage uses in the Rural Areas is included as reference (Attachment H).
Only one garage, the Earlysville Service Center, which is currently under review, is larger.
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance:
31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of
Supervisors that such use will not be of substantial detriment to adjacent property,
The garage facilities are within sight of the adjacent properties on the north and south. In seasons that deciduous
trees have shed their leaves, the landscape buffer between the garage and the adjacent property to the north is not
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sufficient to screen the garage area. In addition, the existing landscape buffer between the garage area and
Markwood Road is not sufficient to screen the garage from the road. In order to mitigate the visual impacts of a
public garage from existing residences, staff has recommended a condition to require additional landscape
screening (Condition 8) from the street. A condition of the critical slope waiver would require landscaping
between the rear of the garage and the adjacent property to the north.
As the separation of the public garage from the private residential area of this property would result in the family
vehicles being parked along the driveway in front of the garage in a highly visible area from the street, A condition
of approval to require landscape screening in the area between the road and the private parking area is also
recommended. Attachment F shows the locations of the recommended (Condition 8) landscaping buffers.
that the character of the district will not be changed thereby and
Dense landscape screening between the public garage, the garage parking area, and the family parking area would
shield the garage and vehicles from public view, protect the general character of the district. An additional storage
building would provide space for inside storage.
that such use will be in harmony with the purpose and intent of this ordinance,
The purpose and intent of the Rural Areas zoning is to preserve agricultural and forestal lands and activities, to
protect the water supply, to limit service to rural areas, and to conserve the natural, scenic, and historic resources of
the County. Although this use does not preserve these resources, public garages are allowed by special use permit
in the Rural Areas. Conditions of approval are intended to keep the scale and intensity of the garage in conformity
with the character of the Rural Areas.
with uses permitted by right in the district,
The proposed expansion of the public garage would not interfere with the uses permitted by right in the Rural
Areas district.
with the additional regulations provided in section 5.0 of this ordinance,
No regulations for a public garage are in Section 5.0 of the Zoning Ordinance.
and with the public health, safety and general welfare.
As required by SP 2001 -49, the driveway was re- located in order to provide adequate sight distance. The Virginia
Department of Transportation has not recommended any additional changes to the entrance, with this application.
The Fire Department has indicated that they routinely conduct yearly inspections of these types of businesses. The
Department of Environmental Quality has not recommended any additional requirements.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. The public garage is an existing operation that provides a service to the surrounding community.
2. The applicant has made improvements to the garage and the parking area.
3. The use is consistent with the Rural Area, if all impacts of this use are mitigated.
Staff has identified the following factor unfavorable to this application:
1. The garage, if conditions are not implemented, compromises the character of the Rural Areas district.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of SP2008 -58 JR Harris Garage
Amendment, subject to the following conditions of approval. (The conditions approved with SP 2001 -49 have
been have been copied below and amended, as needed.)
1.
*Development of the use shall be in accord with the conceptual plan titled "Amended Site Plan Harris'
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Garage ", prepared by DW Enterprises, and dated March 16, 2009 (hereinafter, the "Conceptual Plan"),
as determined by the Director of Planning and the Zoning Administrator. To be in accord with the plan,
development shall reflect the following major elements within the development essential to the design
of the development: The area designated for the special use (public garage);
• The size, height and location of the proposed buildings (16' X 30' /maximum 24' high);
• The size, height and location of the existing buildings /structures (original garage — 1,936 square feet/24
feet high /3 vehicle bays; garage expansion — 1,496 square feet/24 feet high/1 vehicle bay; enclosed
compressor room; paint mixing room; one outside lift; one dumpster pad/fence enclosure; 3 parking
spaces carport; 2 parking spaces carport);
• The number (maximum15 spaces public garage) and location of the vehicle parking spaces;
• The two (2) signage locations at the entrance to the special use permit area. The signs shall state, "All
vehicles beyond this point must be placed in a marked parking space" and be a maximum of four (4)
square feet.
• The sign location at the area designated as "Parking for Private Vehicles." The sign shall state,
"Parking for only personal vehicles of the Harris Family" and be a maximum of four (4) square feet.
2. Gasoline sales are prohibited;
3. The sale or rental of vehicles or other motorized equipment is prohibited;
4. All repairing or equipping of vehicles shall take place inside the existing garage, with the exception of
vehicles being repaired on the vehicle lift located adjacent to the garage
5. The outdoor storage of parts, equipment, machinery and junk is prohibited;
6. Only personal vehicles may be parked in the area marked "parking for personal vehicles" on the
Conceptual Plan. No more than fifteen (15) vehicles associated with the public garage use shall be located
outside the garage. All vehicles associated with the public garage use shall be parked in the spaces shown
as "for garage only" on the Conceptual Plan. Any vehicles parked outside the area marked "parking for
personal vehicles" shall be considered to be associated with the public garage and are counted in the fifteen
(15) vehicle maximum.
7. The hours of operation shall not exceed (earlier or later) 8 A.M. and 8 P.M., Monday through Saturday.
These hours of operation do not prohibit customers from dropping off vehicles before 8 A.M. on the days
of operation;
8. Within three (3) months following approval of the site plan or site plan waiver, the permittee shall install
and thereafter maintain a minimum twenty (20) -foot deep landscape evergreen- screening buffer between
the garage and garage parking and Markwood Road; and between the areas designated as parking for
personal vehicles and Markwood Road. . This landscape screening shall supplement existing landscape
approved with SP 2001 -49 and consist of Eastern Red Cedar or other material approved by the Planning
Director, a minimum 4feet high at planting, and planted in staggered rows with a maximum of ten (10) feet
on center spacing between the landscape materials. The permittee shall also submit a landscape plan with
the site plan application that will be subject to the approval of the Planning Director or the Planning
Director's designee; and
9. All outdoor lighting shall be only full cut -off fixtures and shielded to reflect light away from all abutting
properties. A lighting plan (for new lighting) limiting light levels at all property lines to no greater than
0.3 foot candles shall be submitted to the Zoning Administrator or their designee for approval.
CRITICAL SLOPE WAIVER
The applicant has also applied for critical slope waivers for disturbances that already have been made on two areas
of the property: generally between the garage and the adjacent neighbor on the north and between the garage and
the Beaver Dam Creek on the east (Attachment F). The engineering analysis of the request follows:
Description of critical slope area and proposed disturbance:
The two areas of critical slope disturbance consisted of a large wooded slope leading down to the stream on the
rear, eastern property line, and a steep wooded slope behind the building on the northern property line. The
applicant has already disturbed these areas in violation of the ordinance and existing special use permit plans. The
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applicant is proposing to stabilize the northern slope behind the building with seed and a small wall at the toe, and
to leave the eastern slope as -is.
Areas
Acres
Total site
3.23 acre parcel
Critical slopes
0.37
12% of site
Critical slopes disturbed
0.3
81 % of critical slopes
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative
locations:
This disturbance is not exempt.
Compliance with Zoning Ordinance 18 -4.2:
"movement of soil and rock"
The slopes have not been properly constructed. They are slightly steeper than 2:1 in places, which is not
inherently stable for most soils in Albemarle. The slope in back of the building is an exposed cut. The slope
down to the creek is slightly convex, with exposed boulders and debris, and a light covering of new grass. It
does not appear to have been properly compacted. The northeast corner is loose fill with rubble and exposed
rebar placed amid the trunks of small trees, which will likely die.
"excessive stormwater runoff'
Stormwater runoff has been increased in these areas with steeper slopes than original, less vegetation, and more
impervious area behind the building.
"siltation"
Most siltation has already taken place. Long -term stability may be an issue.
"loss of aesthetic resource"
This area is visible from the surrounding properties.
"septic effluent"
This does not appear to be an issue, but the applicant has provided no information on this topic.
RECOMMENDATION:
Considering the disturbance has already taken place and, based on the review above, staff recommends the
following conditions to grant a waiver:
1. The eastern facing slope above the creak must be reshaped to a uniform grade not steeper than 211:1V,
covered with erosion control matting, and permanently seeded.
2. The retaining wall proposed in the rear of the garage building must be at least 3' high, and topsoil, matting,
and permanent seed or mulch and shrubs must be applied to the cut slope for adequate stabilization.
3. To provide stormwater management and replenish the buffer, the entire buffer area within the property
should be planted in accordance with the Chesapeake Bay Riparian Buffers Modification and Mitigation
Guidance Manual no later than three (3) months following the approval of this critical slopes waiver. (The
applicant is referred to the Restoration Establishment Tables in Appendix D, calling for canopy trees at 6'
centers, understory trees at 4' centers, and shrubs at 18" centers.) These shall be bonded as a guarantee of
survival for a minimum of 5 years.
ATTACHMENTS
Attachment A — Conceptual Plan
Attachment B — Zoning Determination for Building Expansion
Attachment C — Notice of Violation
Attachment D — SP 2001 -49 Staff Report / Update
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Attachment E — Board of Supervisors Approval Letter SP 2001 -49
Attachment F — Proposed Landscape Screening / Critical Slope Disturbance Areas
Attachment G — Site Photographs
Attachment H — RA Public Garage Comparisons
Attachment I — Application Location Map
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