HomeMy WebLinkAboutFinal PC Minutes 05282024ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
1
Albemarle County Planning Commission
Final Minutes May 28, 2024
The Albemarle County Planning Commission held a public hearing on Tuesday, May 28, 2024, at 6:00 p.m.
Members attending were: Fred Missel; Luis Carrazana; Corey Clayborne; Julian Bivins; Karen Firehock
(arrived at 6:04 p.m.); Nathan Moore; Lonnie Murray
Other officials present were: Michael Barnes, Director of Planning; Khris Taggart; Syd Shoaf; Margaret
Maliszewski Frances MacCall; Kevin McDermott; Rebecca Ragsdale; Andy Herrick, County Attorney’s
Office; and Carolyn Shaffer, Clerk to the Planning Commission.
Call to Order and Establish Quorum
Ms. Shaffer called the roll.
Mr. Missel established a quorum.
Other Matters Not Listed on the Agenda from the Public
There were none.
Consent Agenda
Mr. Moore motioned the Planning Commission adopt the consent agenda, which was seconded by Mr.
Carrazana. The motion passed unanimously (7-0).
Public Hearings
SP202300021 Flow Hyundai
Khris Taggart, Senior Planner, introduced himself and said that Planning Manager Margaret Maliszewski
assisted in the review and was present that night as well. He said that he would be presenting the staff's
recommendations for the special use permit and associated special exception.
Mr. Taggart said that as with all SUPs, a recommendation to forward to the Board was required. He said
that regarding the special exception, the Planning Commission was not obligated to provide a
recommendation; however, if they chose to offer comments on the request, those would be included in the
transmittal summary for the Board's consideration.
Mr. Taggart said that he would address the SUP first and then proceed with the special exception. He said
that the subject properties were located on the west side of Route 29 between 2070 and 2150 Seminole
Trail. He said that both properties housed automobile dealerships, while residential areas lay across
Berkmar Drive to the west and Route 29 to the east. He said that the subject property was currently vacant
and predominantly wooded.
Mr. Taggart said that provided were a couple of street views displaying the existing conditions of the
property from Route 29 and Berkmar Drive. He said that the SUP request sought permission for outdoor
display, storage, and sales of vehicles within the e ntrance corridor overlay. He said that he would refer to
this as outdoor display throughout his presentation. He said that this plan indicated designated spaces in
blue and yellow shading, with the yellow areas also marked for vehicles awaiting repair. He said that while
motor vehicle sales were permitted by right in the zoning district, outdoor display was a special use.
Mr. Taggart said that SUPs for outdoor display were evaluated under Section 30.6, which limited the factors
considered for determining whether the outdoor display aligned with entrance corridor design guidelines.
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
2
He said that the ARB applied these guidelines during its review of this request in February of this year and
voted no objection to the SUP request, contingent upon revisions to the concept plan that could be resolved
during final site plan review. He said that standard conditions for approval were also required.
Mr. Taggart said that the favorable factor for this request was that the outdoor display use would conform
to EC design guidelines if the ARB's recommended conditions were upheld. He said that for this reason,
staff recommended approval of the special permit for outdoor display with those conditions.
Mr. Taggart said that in association with the SUP request, there was a request for an exception from
Supplementary Regulation 5.1.31b, which mandated that vehicles awaiting repair be situated where they
were not visible from any public street or residential property. He said that vehicles waiting for repair were
proposed to occupy the yellow highlighted spaces, totaling 248 spaces.
Mr. Taggart said that most of these spaces would be visible from both public streets and residential
properties as currently proposed. He said that one reason for this visibility was that Berkmar Drive was
elevated between 2 feet and 28 feet above them. He said that from Berkmar Drive, views of vehicles waiting
for repair would be available south of the building into the parking lot with an open view at the entrance to
the site.
Mr. Taggart said that from Route 29, views would be available of these spaces from a distance at the site
entrance. He said that Victorian Heights, highlighted in orange on the map, was a development currently
under construction across Berkmar Drive to the west. He said that units within this development would be
elevated between 15 feet and 64 feet above where the vehicles waiting for repair would be located, allowing
views into most of these areas.
Mr. Taggart said that there had been no previous requests or exceptions for the requirement for screening
vehicles waiting for repair; however, there were many examples of screening vehicles through the SUP and
site plan review processes. He said that in these instances, visibility had been limited by positioning the
spaces so that buildings, topography, fencing, landscaping, or a combination of these features screened
the vehicles from public streets and residential properties.
Mr. Taggart said that staff acknowledged that the types of vehicles waiting for repair in the site would have
little visual difference between display vehicles, and that the topography made meeting the visibility
requirement challenging. He said that however, the ordinance was clear, and the site layout could do more
to relegate parking and reduce visibility, including positioning the vehicle repair building near Berkmar Drive
so as to provide greater screening, limiting parking areas to locations behind bu ildings, and providing
additional landscaping, including evergreens along Berkmar Drive and at the perimeter and interior of the
parking areas.
Mr. Taggart said that because methods for screening were available but had not been used to a sufficient
degree to minimize impacts, staff could not recommend approval of the special exception request. He said
that the Planning Commission was not required to make a recommendation on special exceptions;
however, if the Commission chose to provide comments, they would be included in the transmittal summary
to the Board.
Mr. Moore asked when they would have conversations with the applicant regarding stormwater runoff
associated with this proposal.
Mr. Taggart said that Engineering would review that during the final site plan review.
Mr. Moore said that he would like to bring up for the Commission’s discussion that this had been an issue
of concern for many neighborhoods in the Rio area as more and more land on that side of Route 29 was
paved over. He said that their stormwater drainag e infrastructure offered a couple of options, including
pipes that could direct water straight into the Rivanna or a channel that would carry it under Route 29 and
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
3
pass through the Woodbrook neighborhood. He said that the latter option was less desirable since they
were already experiencing significant flooding issues in that area.
Mr. Bivins said that regarding page 3 of the staff report, they had outdoor storage highlighted in blue, which
to his understanding meant that only customer cars could park in that area. He asked if a customer's car
was parked there and they needed to leave it while they went to lunch or performed other tasks on Route
29, would they be prohibited from parking in the yellow zone near the garage. He said that this zone was
reserved for vehicles awaiting repair, as opposed to the blue spot designated for custo mers. He said that
actually, the purple areas were only available for customer parking. He asked if there were any customer
parking spots in the back of the property and if not, he recommended adding some. He said that the
applicant could answer that question.
Mr. Bivins said that he was not opposed to granting the exception. He said that right next door was a Ford
dealership, and right next to that was the former site of Price Chevrolet and Hyundai. He said that this area
did not, in his opinion, feel like an exception when all the other car lots around it had visible cars from
Berkmar Drive. He said that if they continued up to where the putt-putt used to be, now occupied by a
dermatological clinic and Harvest Moon, people would notice the parked cars there, ev en though they may
not see cars being worked on.
Mr. Bivins said that this area did not feel any different than the surrounding areas. He said that with Better
Living's entrance from Berkmar Drive, there was industrial activity on the east side of the street that he
would not support exempting or prohibiting them from doing what everyone else did. He said that they
should have appropriate screening to the extent possible, but not a complete prohibition.
Mr. Murray asked for further clarification on the type of screening that would be considered acceptable from
staff’s perspective.
Mr. Taggart said that the first suggestion was to rotate the vehicle repair building so that it could have more
screening from the frontage, rather than just at the end of the building. He said that the second
recommendation was to restrict parking areas to locations behind the building. He said that the last
suggestion was to provide additional landscaping along Berkmar Drive and the perimeter, as well as interior
landscaping for increased screening purposes. He said that these were three separate suggesti ons.
Mr. Missel said that under the special use permit recommended actions, numbers four and five were directly
from the ARB report, and there were other recommendations in addition to those. He asked if there was a
reason why the other recommendations were not included in the conditions or recommended actions. He
said that the two that were mentioned in the special use permit were landscape plan and lighting plan. He
said that according to their letter, it discussed freestanding poles, either dark brown or bron ze or black,
complete landscape plan, revising the parking schedule to match the number of spaces shown on the site
plan, and standard plant health.
Margaret Maliszewski, Planning Manager, said that the difference was that there may have been more
detail in the ARB action letter. She said that some of those details fall under the landscape plan condition
and lighting plan condition, while others may not be directly related to the SUP but would be addressed
through the final site plan.
Mr. Missel opened the public hearing. He asked if the applicant had a presentation.
Kelsey Schlein, planner with Shimp Engineering, said that tonight she would represent the property owner
and applicant Flow 2110 Seminole LLC. She said that joining her was Justin Shimp, their project engineer,
who was available to answer any questions they may have during this meeting.
Ms. Schlein said that as Mr. Taggart mentioned in his staff report and presentation, their request was for
outdoor sales, storage, and display of vehicles within an entrance corridor. She said that in addition to this
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
4
request, they had also submitted a special exception application regarding the visibility of vehicles awaiting
repair. She said that she would address that further throughout her presentation.
Ms. Schlein said that their site was approximately 6 acres in size, with frontage on Route 29. She said that
this location falls within an entrance corridor, which was why they were before the Commission tonight. She
said that to the left, one could see Berkmar Drive and automobile dealerships on either side: Malloy Ford
and Malloy Chevrolet. She said that the views from Route 29 show the current vacant wooded site looking
south towards Malloy Ford and north towards Malloy Chevrolet.
Ms. Schlein said that their concept plan included three structures as part of this automobile dealership
development with affiliated outdoor sales, storage, and display areas. She said that in response to Mr.
Bivins' question about customer parking near the vehicle repair area, they envisioned this area as primarily
serving customers who had dropped off their vehicles for repair. She said that therefore, it would fall under
the vehicles awaiting repair requirement. She said that if further clarification was needed to allow for
additional parking in that area, they were happy to do so.
Ms. Schlein said that the reason they separated the uses in this manner was because the front part of the
site was dedicated to outdoor storage and display. She said that they wanted to permit maximum flexibility
possible in the yellow areas shown, which would be designated as both spaces for outdoor storage and
display and vehicles awaiting repair.
Ms. Schlein said that this was due to fluctuating demand at auto dealerships; they received cars that needed
places to park and display them, sometimes with greater demand for vehicle repair. She said that she would
discuss this further later in the presentation. She said that in many cases, it was difficult to discern between
vehicles awaiting repair and those for sale; the only way was whether they had license plates. She said that
she had a picture of that later on.
Ms. Schlein said that focusing on the special exception, one could see in the provided image the grade
drop from Berkmar and the Victorian Heights residential construction. She said that as the grade dropped
from this high point, the water tower was near t his property. She said that this was one of the highest points
in this area.
Ms. Schlein said that what they were focusing on was the word "visible" with this special exception; it was
nearly impossible to eliminate visibility from every public right -of-way and residential property, especially
with the Victorian Heights development. She said that they were proposing and requesting the exception
because there would be places where vehicles awaiting repair would be visible.
Ms. Schlein said that the view of Woodburn Road, looking over the Victorian Heights construction, showed
that they were at the highest point near the water tower, overlooking the site. She said that the taller tree
area was the highest point of the site adjacent to Berkmar. She said that they updated their section in the
application to include grading for Victorian Heights as well. She said that the portion of the property,
designated for multifamily dwellings, permitted structures up to 60 feet tall or four stories high.
Ms. Schlein said that the finished floor elevation of these residential units was at 534 feet. She said that the
rise from the 510 elevation of Berkmar Drive had a steep slope and a large building at the top of the hill
with a vista across the property. She said that eliminating visibility from Berkmar would be impossible,
especially from taller units in the proposed Victorian Heights development. She said that they could see the
40-foot grade drop across their site from Berkmar to Route 29.
Ms. Schlein said that regarding vehicles awaiting repair, she wanted to clarify that this was not a body shop
which required a separate special use permit. She said that these vehicles were here for routine
maintenance and parts, not body work. She said that provided was an example of another site in Albemarle
County where vehicles awaiting repair looked nearly indistinguishable from those for sale based on their
condition. She said that the license plate was the only way to differentiate them.
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
5
Ms. Firehock said that Ms. Schlein had discussed that the residential structures being built across the street
would undoubtedly be able to look down on them and could not be screened from that perspective. She
asked whether the ordinance was also intended to screen from people driving by. She asked if this was an
issue or immaterial.
Ms. Schlein said that regarding additional screening measures along Berkmar, they were amenable to this
idea, especially considering the multi-use path crossing through that area. She said that if it enhanced the
pedestrian experience, they would be happy to add more screening. She said that from Route 29, given
the grade was going up, in certain vistas one could see vehicles on the lot in some areas.
Mr. Carrazana said that regarding Ms. Firehock's previous point, neighboring properties did have screening
from the street, creating a buffer. He said that while acknowledging that upper floors might still have a view
into the parking lot, the street view was an integral part of the ordinance and its objectives. He said that the
applicant already had some context to work with and he would encourage they incorporate it into their site
plan or maintain existing trees along the street edge, at minimum.
Ms. Schlein said that they would definitely be open to adding some screening. She said that the difference
between the two sites was that they were cut down much more, and they were stepping this development
into the grade as they worked up. She said that there was an existing berm in this area, but they could
certainly plant more landscaping. She said that these were somewhat different site conditions because they
had totally cut the grade down to achieve these sites.
Mr. Clayborne asked if Ms. Schlein could respond to Mr. Taggart’s suggestion regarding the rotation of the
building. He said that he was curious about the design team’s response to that proposal.
Ms. Schlein said that the long, narrow building was designed for vehicles awaiting service. She said that
this was just a conceptual design, and some pavement details may not have been accurately represented.
She said that the elongated structure allowed f or more bays to be incorporated into the repair shop. She
said that furthermore, this orientation enabled them to maximize the number of bays available in the repair
shop.
Mr. Clayborne asked if there was a difference in the code or governing documents that distinguished a body
shop from a vehicle maintenance shop.
Ms. Schlein said yes, there was as far as the permitted uses.
Mr. Taggart said that the special exception definition included body shops and automobile repair shops.
Mr. Herrick said that there were separate uses in the zoning ordinance for public garages and body shops.
He said that public garages were more for mechanical repairs.
Mr. Clayborne asked if the subject application was a public garage.
Ms. Schlein said that it was for routine maintenance that would typically be received at a dealership, such
as oil changes or replacement of recalled parts from the manufacturer.
Mr. Clayborne said that it may relate to the comprehensive plan, but for the future planning for these types
of facilities, he wondered how many more times they would be sacrificing acres of asphalt just for cars to
be parked there. He said that they discussed this regarding the Tesla dealership as well. He said that when
he saw this plan, it reminded him of a vehicle maintenance garage that was selling cars on the side. He
said that he wondered what the future would look like with 300 cars parked on a sea of asphalt. He said
that this was something the Commission should discuss at a later date.
Mr. Murray said that the applicant had already heard a comment from his colleague about stormwater. He
said that they had also discussed the visibility of the site from the road and potential apartments. He said
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
6
that although their code did not directly address this issue, there was an opportunity to consider the view
from those apartments down onto the rooftops of the buildings.
Mr. Murray said that if they were to green the roof, it would provide an attractive view for apartment residents
while also offering benefits to the buildings and earning stormwater credits. He said that this would be a
great way to enhance that space. He said that furthermore, when he was at the Jeep dealer in Staunton
getting his new vehicle, he noticed they had solar panels on their roof. He said that they were selling electric
vehicles and could charge them from the rooftop as well. He said that this wa s another amenity that may
not be directly covered in their code but seemed like a valuable consideration for this project.
Ms. Schlein said that all points were well taken. She said that they mentioned their EV charging stations in
the application. She said that it was likely that they would see more of these in the future. She said that it
was almost mandatory for new auto dealerships to cater to a diverse customer base by incorporating such
facilities. She said that as part of their planning, they had accounted for EV charging stations. She said that
the point about green roofs and stormwater management design would be addressed during the final
engineering phase.
Mr. Bivins said that he recommended the applicant take time with clients to consider the points made by
his colleague regarding this manufacturer's swift transition to electric vehicles. He said that by crafting their
dealership in a forward-thinking manner and presenting it to consumers, they may gain an advantage over
competitors. He asked how one could access the Hyundai dealership from Route 29.
Ms. Schlein said that there was a direct entrance off of Route 29 present at the location. She said that this
provided the closest access point to the Malloy Ford dealership. She said that a central travelway ran
through the site, extending to Berkmar Drive.
Mr. Bivins said that there would be two ways to access the property. He said that at the other three
dealerships, multiple entry points for clients or tow trucks were present, eliminating the need to always use
Route 29. He asked if a deceleration lane would be available so that drivers could smoothly enter the site
without having to abruptly slow down.
Ms. Schlein said that the taper was visible in the design. She said that according to any turn lane
requirements, if it was necessary, it must be implemented, with no exceptions. She said that fortunately,
there were two access points and an alternative route available via Berkmar. She said that the sites adjacent
to the road had multiple entry points; however, they were commercial properties developed 50 years ago,
and VDOT would not permit additional entrances on Route 29 at this time.
Mr. Bivins said that his other question was regarding the back street, and he wanted to clarify something.
He said that earlier in the discussion, it was stated that there would be a multimodal pathway on the eastern
side of the street.
Ms. Schlein said yes, that was correct. She said that to her knowledge, Phase 1 was funded, but she was
unsure about Phase 2.
Mr. Barnes said that there was a VDOT-funded project for a shared use path running from Sam's Club or
Walmart on the east side, coming back to the intersection of Woodbrook. He said that there was a sidewalk
on the west side; however, the proposed shared use path would be located on the east side.
Ms. Schlein said that the path would ultimately connect to Rio.
Mr. Bivins asked if one went to Berkmar Extended, it was located on the opposite side of the street and
featured a multimodal path rather than a sidewalk.
Mr. Barnes said that coming from the Hollymead Town Center on Berkmar Drive, there existed a shared
use path that extended along Berkmar, situated behind Sam's Club. He said that the proposed project
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
7
aimed to expand this path from its current location to Woodbrook and may potentially continue in future
phases towards Rio.
Mr. Bivins thanked Mr. Barnes for the clarification. He said that they were told to place some purple parking
(referencing the sitestie plan) near the repair shop so as to avoid being out of compliance and prevent
complaints about cars parking in that area. He said that he would say again that regarding the Berkmar
roadway, while it was essential to provide street-level screening opportunities and enhance the aesthetic
appeal for pedestrians and cyclists, he did not believe it was reasonable to expect that a 500 -foot elevation
should never have vehicles parked in front of it. He said that given its visibility to Walmart and the credit
union, there were often cars parked along that stretch.
Mr. Moore said that his first question regarding stormwater runoff, which he had discussed briefly with staff,
pertained to the neighborhoods across Route 29, where more impermeable surfaces had been developed.
He said that one possibility was whether there were any options for incorporating permeable surfaces during
the construction phase; this would be a design phase consideration. He said that he would inquire about
the owner's current plans for managing stormwater runoff, given the area's location on a small ridge with
limited drainage options to the north or south.
Ms. Schlein said that as far as pervious surface, it was definitely a possibility within the realm of options to
manage stormwater compliance. She said that they had not conducted any formal engineering or reached
that stage yet; however, all their analysis for quantity and quality treatment would be completed if this project
moved forward and progressed to final site engineering.
Mr. Moore said that the strong storm last weekend caused the banks behind Woodbrook to overflow. He
said that regarding the visibility of cars awaiting repair, he was curious if from the vantage point of the fourth
story of Victorian Heights, gazing eastward towards Malloy Ford or Malloy Chevy on Route 29, one would
be able to see the cars at those dealerships. He said that he was curious about this.
Mr. Moore said that earlier, his fellow Commissioners mentioned screening from Berkmar so that people
walking along a wooded path could enjoy the scenery. He said that however, using 150 -foot tall trees for
screening seems impractical. He said that he agreed that solar panels on the roof was a good idea for the
facility. He said that regarding the screening, again, it would not bother him if people saw cars there.
Mr. Missel asked why the applicant would not proactively suggest screening of the parking lot on Berkmar
Drive.
Ms. Schlein said that they still must meet the requirements of the code, and those were outlined in Section
32.7.9. She said that all of those would be met.
Mr. Missel asked why that was not shown on the plan.
Ms. Schlein said that they may need to indicate additional shrubs along the spaces, but the requirement for
screening in parking areas was in the code and therefore would be met.
Mr. Missel asked if the applicant was amenable to modifying the plan to show more screening on the
Berkmar Drive side.
Ms. Schlein said yes, certainly.
Mr. Missel said that he understood the orientation of the building, and if one rotated the building by 90
degrees, they would be looking at the back of the building if driving along Berkmar Drive. He said that it
potentially may not be better than looking at cars. He said that he had another observation, which was that
considering the grades, this parking would likely be relatively level but perched higher. He said that there
was an opportunity to create a series of planting islands, and one had already bee n shown in the design.
He said that if a couple more could be added on the interior, it would help reduce reliance on the perimeter
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
8
buffer along the road and benefit from landscape layering. He said that it may make the area more visually
appealing. He said that finally, if they were also going to present the recommended comments provided by
staff as part of the special exception, referenced on page five, number three, which included providing
additional landscaping, including evergreens along Berkmar Drive and at the perimeter and interior of
parking areas, he would ask that "preserving existing landscaping, including evergreens" be ad ded to the
report.
Ms. Schlein said that the existing landscaping might present difficulties, especially concerning the
construction of the multi-use path, as maintaining an appropriate grade would prove to be quite challenging.
Mr. Missel said that perhaps “wherever possible” or something similar could be considered. He said that if
this approach were to be pursued, it may appear unsatisfactory, and they might need to reintroduce new
elements. He said that he was attempting to identify a method to reduce costs without having to install new
plantings while still achieving the desired outcome, provided that they could utilize what was already
available.
Ms. Schlein said that their goal when designing sites is to preserve existing tree canopy whenever possible.
She said that in this particular case, given the multi -use path's location, it may be challenging to preserve
any existing trees; however, they were committed to adding additional landscaping and enhancing the area
along Berkmar to create a visually appealing environment.
Mr. Missel asked if there were any members of the public who wished to speak on this item. Seeing none,
he asked the Clerk if there were any speakers signed up online.
Ms. Shaffer said that there were none.
Mr. Missel closed the public hearing and the matter rested with the Commission.
Mr. Murray said that he believed that the quality of vegetation was particularly important since there would
be a public path along Berkmar. He said that one could easily install non -native, unsightly thujas or other
undesirable plants; however, it would be more beneficial to incorporate native landscaping that provided
value along the walking path. He said that this would significantly enhance this project.
Mr. Missel asked if Mr. Murray would suggest any changes to page 5.
Mr. Murray said that he would determine whether any changes were necessary while other Commissioners
discussed the item.
Mr. Bivins said that he appreciated that everyone wanted to have an enjoyable and shaded multi-use path,
but it was unfair to expect a single applicant to create that when the other sites nearby were not contributing.
He said that when the County engaged in the multi-use path project, they should consider working with all
of the property owners along the pathway to ensure some uniformity in the design. He said that he did not
support requiring this applicant to provide a parkway while others did not match that standard. He said that
they should ensure equal treatment for all properties instead of placing the burden on one specific property
that was coming before them.
Mr. Missel said that he understood Mr. Bivins’ point regarding equity across sites. He said that when
evaluating each site individually, every site had its unique characteristics. He said that the potential
differences in grades, height, and visibility might necessitate treating this parcel differently from adjoining
parcels that had already been developed. He said that he heard what was being said but needed more
information about the final grading, setbacks, and distance between the building and property line to make
a well-informed decision. He said that to him, it was essential to establish a standard of excellence and
then consider any adjustments necessary due to site-specific factors.
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
9
Mr. Bivins said that he appreciated that but was also seeking uniformity in treatment for both Property A
and Property C, so they were being treated consistently. He said that he wanted them to be treated equally.
Mr. Missel said that he liked the idea of the County being the entity to ensure uniformity.
Mr. Bivins said that when one would be passing behind Walmart and proceeding past the Chevrolet dealer,
there should be a common treatment that would extend all the way to Berkmar. He said that he was
uncertain about how this could be accomplished given that development had already reached the road. He
asked what obligations the last developer had in such a situation. He said that if no other party was coming
before the County, they must question what they were requiring of that last developer. He said that he was
sensitive to this issue due to the inability to coerce the other properties.
Mr. Missel said that he understood Mr. Bivins’ point. He said that in this case, technically, there was not a
enforcing issue. He said that since it was a special exception, they were not even voting on it. He said that
they were at least setting a standard, and then there could be some flexibility within that.
Mr. Moore said that in terms of seeing the number of cars parked nearby from the fourth floor, adding a few
more did not bother him aesthetically. He said that he believed that their Planning staff had already taken
notes on the stormwater issue, so he would not reiterate it further.
Ms. Firehock said that she had a question for staff and a comment. She said that when they recently
reviewed an application from Home Depot for outdoor storage at the mall, they had to add numerous tree
islands because they were redeveloping the parking lo t and needed to adhere to different standards than
when the shopping mall was built. She asked if there would not be a similar requirement here. She said
that this was also a redevelopment project, so she wondered if they needed to meet the same standards
for tree islands in the parking lot, or if that only applied because it was a shopping center. She said she was
trying to understand what landscaping requirements the County had for the parking lot.
Mr. Taggart said that with the site in question, there existed an overlay of an outdoor display. He asked if
the reference being made pertained to the same outdoor display that had been reviewed by the
Architectural Review Board.
Ms. Firehock said yes, although there were extra tree islands in the parking lot, they were not meant to
screen the outdoor display itself. She said that she was trying to ascertain if the scenario was similar since
it was also a parking lot.
Ms. Maliszewski said that with the final site plan, all requirements for standard landscaping in and around
the parking areas would apply. She said that staff had been examining this issue for a while now. She said
that to her recollection, they performed the calculations, and according to their findings, one interior parking
lot tree was required for every ten parking spaces, just as was the case at Home Depot.
Ms. Firehock said that the concept plan was difficult to understand in those terms because those details
had not been provided yet. She said that her only comment was regarding the fact that this application was
replacing many trees with pavement. She said that she recalled a previous discussion about stormwater
and recommended denying the request to double the impervious surface area of a building at their last
hearing.
Ms. Firehock said that she suggested using permeable pavement, which would make it the greenest parking
lot on Route 29 and attract environmentally conscious customers. She said that this type of parking could
accommodate pickup trucks and parked cars but not large delivery vehicles like 18-wheelers or cement
trucks. She said that she would propose keeping travel ways as regular asphalt while making the parking
areas permeable.
Ms. Firehock said that Charlottesville had been exploring the use of permeable pavement, with one
limitation being the lack of vacuum trucks for maintenance; however, the City now owned a vacuum truck
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
10
and others were available. She said that permeable pavement did not freeze in winter, which meant those
parking lots would last longer without cracking or damage from freezing and water infiltration.
Ms. Firehock said that she said this considering the comments regarding stormwater and the massive
change from tree cover to pavement. She said that they could do something momentous with this site and
be the standout green dealership.
Mr. Clayborne said that the Commission’s agency in this matter was determining whether or not the outdoor
storage, display, and sales was consistent with the design guidelines. He said that unrelated to that, it was
heartbreaking to see this green field site become a sea of asphalt for a business model that he did not think
would even be relevant within their lifetime. He said that he had a seven-year-old and a three-year-old, and
he doubted they would even buy cars, especially given that self -driving cars already existed. He said that
to do all of that for 300 parked cars on black asphalt pained his heart, but he gave kudos to the comment
regarding innovation, and he would support that. He said that he did not think this business model would
exist in the next decade or so.
Mr. Bivins said that while he would love to believe that hydrogen or electric vehicles would take up as
quickly as possible, he actually did not believe that will happen. He said that they lived far enough for people
to remain uncomfortable unless they have 500-mile ranges in their vehicles. He said that he agreed with
his colleague, but he thought they still needed to find a balanced approach to this issue. He said that some
of his colleagues' suggestions about water runoff, green roofs, and solar panels would help set the standard
for car dealerships. He said that in this particular dealership, they were moving quickly toward electric
vehicles; however, he was not certain that the market was following suit.
Mr. Missel said that he agreed with his colleagues’ comments, and they should not lose track of that when
discussing climate action plans and the larger aspects that would govern the development of the County.
Mr. Murray said that regarding changes to the proposed conditions, he had one single word change that
would improve this. He said that on page 5, number four, where it said, “landscaping shown on the plan
may be required in excess of the minimum requirements,” he proposed the word “may” be changed to “will.”
Mr. Herrick reminded the Commission of a point raised by Mr. Clayborne, that the Commission was limited
to reviewing whether outdoor storage display and sales conformed to the applicable design guidelines. He
said that as they may have been aware, vehicle sales were a permitted use by right in the Highway
Commercial (HC) district.
Mr. Herrick said that consequently, though a special use permit was required for outdoor storage display
and sales, the Commission’s role was confined to assessing consistency with the relevant design
guidelines. He advised the Commission to ensure that any additional conditions imposed stayed within
those parameters.
Ms. Maliszewski said that she would like to point out that the concern regarding the view from Berkmar and
the additional screening required was actually related to the special exception rather than the special use
permit. She said that the conditions numbered one through five on page five pertain specifically to the
special use permit.
Mr. Missel said that another important point to consider was that while he understood the intention behind
the comment, it was not about restricting the flexibility of the ARB in working with the applicant to design
what they deemed appropriate. He said th at they might not believe that adding excessive landscape
features, for reasons unknown since details were lacking, was necessary.
Mr. Murray said that expanding upon the spirit of it, he believed in general, some way of capturing meeting
minutes would be implemented. He said that however, it would be beneficial to see something that went
beyond the standard approach here. He said that the specifics of what this entailed were between the
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
11
applicant and the ARB. He said that nonetheless, it would be nice to see an effort that goes above and
beyond.
Mr. Missel said that he proposed adding a note under the special exception where it stated that staff would
include their comments in the transmittal summary to the Board of Supervisors. He said that he would ask
that they add the note on page five, number three, “providing additional, and where possible, preserve
existing landscaping, including evergreens along Berkmar Drive, etc., ect."
Mr. Missel asked if by “comments about landscaping” meant all the comments on page 5 that include
positioning the vehicle repair building, possibly limiting parking spaces. I know we’ve talked through those
things. Mr. Moore said when he said “comments about landscaping” he was referring to Mr. Missel’s
summary from a minute earlier.
The motion passed unanimously (7-0).
Mr. Moore motioned the Planning Commission recommend approval of SP202300021, with the conditions
outlined in the staff report, and transmitting to the Board their comments about landscaping.
Mr. Moore said that regarding the special exception, he understood there was no action required on the
part of the Commission, but it appeared that several Commissioners voiced it as being an excessive
requirement.
Mr. Missel said that it was duly noted.
SP202400003 Olivet Preschool Enrollment Increase
Syd Shoaf, Senior Planner, said that he would be presenting staff recommendations for Special Use Permit
SP202400003, Olivet Preschool Increased Enrollment. He said that the request sought to amend an
existing permit to increase enrollment from a maximum of 24 students to 48 students.
Mr. Shoaf said that the subject property was approximately 9.19 acres and located west of Charlottesville
at 2575 Garth Road. He said that it was zoned Rural Areas (RA) and home to Olivet Presbyterian Church,
which had occupied the site since the early 1900s. He said that the comprehensive plan designated this
area as Rural Areas. He said that the site featured a fellowship hall, Sunday school classrooms, a cemetery,
and other church-related facilities.
Mr. Shoaf said that a special use permit was granted in 2015 for a preschool with a maximum enrollment
of 24 students. He said that surrounding properties were zoned Rural Areas and consisted of single -family
residential uses. He said that the applicant pr oposed increasing the maximum enrollment from 24 to 48
students and extending hours of operation from 8:00 a.m. to 1:00 p.m. to 8:00 a.m. to 2:00 p.m., allowing
extended pickup time for students until 2:00 p.m. He said that no changes were proposed to the site itself,
and a drawing illustrated the current student drop-off flow. He said that according to the applicant, they had
sufficient classroom capacity to accommodate an increase in enrollment up to 48 students.
Mr. Shoaf said that the special use permit application was reviewed under the factors for consideration
outlined in the zoning ordinance. He said that staff believed that the proposed special use permit would not
be detrimental to adjacent parcels, would n ot alter the character of the nearby area, and was consistent
with the rural areas zoning district as well as the comprehensive plan. He said that two recommended
conditions were presented, one amending the previously approved condition from 24 students to 48
students and a second amending the hours of operation as requested by the applicant.
Mr. Shoaf said in sum, there were three factors favorable. He said that the first was consistency with review
criteria for special use permits contained in the zoning ordinance. He said that the second was that the
proposal provided a preschool and daycare option for community members who lived and worked in the
area. He said that lastly, no detrimental impacts to adjoining properties were anticipated. He said that with
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
12
this said, staff recommended approval of the application with the conditions as recommended in the staff
report.
Ms. Firehock said that because this was in her district and they had already gone through this once before,
she would like to know if staff had asked the applicant if this was the final request or if they would be coming
back to amend the SUP in two years to allow 62 students. She said that she wished they had just requested
the higher number before.
Mr. Shoaf said that the applicant could speak to that question, but when he spoke with them, they were
comfortable with 48 and it should be sufficient for the time being.
Ms. Firehock said that she would like to avoid the applicant returning again to request additional enrollment.
Mr. Missel opened the public hearing and asked if the applicant had a presentation.
Seth Lovell, pastor and head of staff at Olivet Presbyterian Church, said that he had been on staff since
2010, and he had served as pastor and head of staff for the last four and a half years. He said that the
church had operated a preschool for about ten years, as Mr. Shoaf noted, and they regretted not having
requested more enrollment when they first established it around ten years ago. He said that they were back
now, and they hoped this was the final time they would need to revisit this issue.
Mr. Lovell said that an assessment of their building had been conducted, and they believed the preschool
had the potential for growth. He said that when they initially began, they started with one classroom, eight
students, and two teachers. He said that the program had grown exponentially since then. He said that they
currently had a waiting list, which was why they were there tonight. He said that their goal was to provide a
pre-kindergarten option for nearby families who lived in the community. He said that he would like to express
his gratitude to County staff, who had been incredibly helpful throughout this process.
Mr. Missel asked if the Commission had any questions for the applicant.
Mr. Bivins said that he was attempting to understand where all of the kids would be going, because the
proposal indicated on page 1 that there were two 2-year-old classes, one 3-year-old class, one 4-year-old
class, and one Pre-K class; however, he did not have sufficient space for all of those students.
Mr. Lovell said that for two-year-olds, they do not meet daily due to their age and ability to participate in a
pre-K setting. He said that instead, there were two classes, an A class and a B class, which met at different
times throughout the week. He said that this could be notated in the documents. He said that to clarify, in
the preschool model, there was only the Pre-K class that attended Monday through Friday, as they were
the older children who attended school for five days a week. He said that the ot her classes had varying
schedules, with some offering three-day and others offering two-day options.
Mr. Bivins said that he would recommend that be added so that it was clear in the proposal. He said that
his other question was that if they were doubling their capacity, could their playground handle that increase
in capacity.
Mr. Lovell said that they installed a new playground recently.
Mr. Clayborne asked if they foresaw being open longer than 2:00 p.m. in the future to accommodate working
families.
Mr. Lovell said that they had explored the possibility of extended daycare and felt that the scope of their
mission called for a true preschool. He said that when moving into full-day care, it would require being open
until after 5:00 p.m., which would significantly change their staffing model and needs. He said that their
wonderful preschool committee had investigated this option and did not foresee them considering it. He
said that they considered it because they wanted to be a preschool that accommodated working families.
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
13
He said that in fact, they had scholarship funds available. He said that what they found was that due to their
location, they were not attracting many families seeking that specific option.
Mr. Missel said that if they were going from 24 students to 48 students, he was curious if the permit capacity
was maxed out for this space.
Mr. Lovell said yes. He said that they had four classrooms and a maximum of 12 students per classroom.
Mr. Missel asked if occupancy would be maxed out at 48 students.
Mr. Lovell said yes.
Mr. Missel asked if there were any members of the public who wished to speak on this item. Seeing none,
he asked the Clerk if there were any speakers signed up online.
Ms. Shaffer said that there were none.
Mr. Missel closed the public hearing and the matter rested with the Commission.
Mr. Shoaf said that for clarification, there was a typo in the recommendation for approval. He said that it
was written as “SP202400004” but should be “SP202400003.”
Ms. Firehock motioned the Planning Commission recommend approval of SP202400003 Olivet Preschool
Enrollment Increase with the conditions stated in the staff report. The motion was seconded by Mr. Murray
and passed unanimously (7-0).
SP202400005 Tandem Friends School Enrollment Increase
Syd Shoaf, Senior Planner, said that he would be giving staff's presentation for Special Use Permit
SP202400005, Tandem Friends School increased enrollment. He said that this was a special use permit
request to amend an existing special use permit to increase student enrollment from 250 students to 400
students. He said that the subject property was approximately 24.51 acres and located south of the City of
Charlottesville at 279 Tandem Lane. He said that it was zoned R1 Residential and had been home to the
Tandem Friends School since 1972. He said that the Comprehensive Plan designated it as Neighborhood
Density Residential.
Mr. Shoaf said that, as mentioned on the last slide, this site has been home to the school since 1972. He
said that the site contained multiple buildings and athletic fields associated with the school. He said that
there had been nine improvements to the school approved by the County since 1972, four of which had
been related to increasing capacity or enrollment at the school.
Mr. Shoaf said that the last student enrollment increase was approved in 2014 for a maximum enrollment
of 250 students. He said that the last special use permit that was approved was in 2020 for an outdoor
pavilion. He said that additionally, a two-story middle school building with a 15,000-square-foot footprint
was approved in 2016 but had not been constructed yet.
Mr. Shoaf said that the surrounding properties were mostly institutional areas. He said that Monticello High
School was located to the north across Mill Creek Drive, to the west was the Monticello Fire Rescue Station,
and to the south were County School Board-owned properties zoned R1. He said that these parcels were
largely wooded with a single-family home located on one of the properties. He said that in the greater
surrounding area, there were two Albemarle County Schools which included Monticello High S chool,
Mountain View Elementary School, and a future elementary school to be located off of Founders Place.
Mr. Shoaf said that the applicant's proposal was a request to amend a previously approved special use
permit, SP201900007, to permit an increase in student enrollment from 250 to 400 students. He said that
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
14
according to the applicant, the current facilities on the site had a capacity for up to 350 students. He said
that once that capacity was met, the applicant would need to construct the approved two -story, 15,000-
square-foot footprint middle school building to accommodate additional students. He said that this was
shown as yellow on the screen.
Mr. Shoaf said that there were two factors favorable, one consistent with review criteria for special use
permits contained in the zoning ordinance and another consistent with the Southern and Western
Neighborhoods Master Plan. He said that there was one factor unfavorab le, which was that the proposed
increase in enrollment would generate additional traffic on Avon Street, Mill Creek Drive, and Scottsville
Road.
Mr. Shoaf said that although there would be an increase in the number of trips, it was a minimal addition to
the existing trip volumes. He said that the amount of trips generated did not pass a threshold that would
warrant additional transportation conditions to offset the impact. He said that there were five total conditions.
He said that three carried over from the previously approved SP, and condition number three had been
revised to reflect overall transportation options for students, including the chan ge in maximum school
enrollment.
Mr. Shoaf said that the fifth condition addressed traffic impacts to the area, requiring student pickup and
drop-off times to be staggered by 15 minutes or more with pickup and drop -off times at Monticello High
School, which was across the street. He said that staff recommended approval with the conditions as
recommended in the staff report.
Mr. Missel asked how the addition of 200 students equated to traffic generation and trip generation in
comparison to a single-family home or two townhouses. He said that four people living in an average house
meant that the provided count would be equivale nt to 50 houses, but he questioned whether this was
accurate or not.
Kevin McDermott, Deputy Director of Planning, said that they utilized the ITE trip generation manual to
estimate future trips. He said that typically, single-family residences generated around eight daily trips per
home. He said that for apartments and townhomes, this number decreased slightly, approximately six daily
trips for a single-family apartment. He said that considering these numbers, 200 additional trips would
equate to roughly 15 homes.
Mr. Carrazana said that the intersection of Mill Creek and Tandem also served as the entrance to Monticello
off of Mill Creek. He asked what the condition of that intersection currently was.
Mr. McDermott said that in order to provide some background, the southern feeder pattern elementary
school recently provided a traffic impact analysis. He said that it was not necessary for Tandem to conduct
a traffic impact analysis because their impacts were minimal. He said that the analysis assessed the current
conditions at the school and found that everything was operating smoothly during peak hours at the start
and end of the school day. He said that both Monticello High School and Tandem Elementary had a police
officer directing traffic at the intersection, which had helped to alleviate any issues.
Mr. Carrazana asked if there was a rating associated with that intersection.
Mr. McDermott said that according to the southern feeder pattern elementary school report, it appeared
that with the addition of the southern feeder pattern school and background growth, the 2026 future
conditions at that intersection were predominantly A's and B's in terms of level of service. He said that at
that intersection, everything seemed fine. He said that this did not include the additional trips for Tandem,
but the numbers were not significant. He said that he did not think it would bring it down below a C at worst.
Mr. Bivins asked if the traffic study accounted for the exit closer to Route 20.
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
15
Mr. McDermott said that the exit was not analyzed for the southern feeder pattern. He said that his
understanding was that it functioned solely as an exit.
Mr. Shoaf said that per the applicant, they used the southern exit during afternoon hours for drop -offs and
pickups, specifically during pickup times.
Mr. Bivins asked if this assisted in alleviating congestion at the intersection adjacent to Monticello.
Mr. Shoaf said yes.
Mr. Bivins said that he had a comment. He said that he was concerned about the decision to place the
phantom middle school at its current location with the potential outcome that having the school there would
block the circle leading to the exit on the other side, potentially causing traffic congestion. He said that he
suggested exploring alternative options around the site since the property owner owns all the land in that
quadrant. He said that according to his understanding of staff’s report, he believed the area was an exit,
and during his visits over the years, it felt like one. He said that if the only way in and out of the property
after the middle school was built was through the entrance across from Monticello High, he believed there
would be significant traffic congestion. He said that he recommended preserving the c ircle to allow for an
alternative exit route rather than going out across from Monticello. He said that without this option, he had
difficulty supporting the additional students because it would create extra traffic that would need to exit in a
one-way system.
Mr. Missel asked if Mr. Bivins was referring to the southeast entrance mentioned in the staff report.
Mr. Bivins said that the road leading through the campus to Mill Creek Road could be used for the exit from
the campus, but the proposed placement for the middle school would eliminate that travelway. He said that
he could not support that option.
Mr. Missel asked if the cost of hiring a police officer to direct traffic was a self-imposed traffic safety measure
on the part of Tandem and Monticello schools.
Mr. Shoaf said that was correct.
Mr. Missel said that when discussing increasing enrollment to 400 students, two key factors came into play
at the 350-student mark. He said that first, Tandem had to construct a phantom building, and secondly,
they needed to conduct another site plan review and traffic analysis. He asked how they would monitor
their enrollment progress. He said he wanted to know if it was self-reported, meaning that once they reached
350 students, they would notify the County.
Mr. Shoaf said that he believed that it would be taken care of with zoning and the appropriate zoning
clearances. He said that it was correct that once they reached 350 students, they would be at capacity with
the current buildings on the site. He said that as mentioned with the phantom middle school, it was approved
with a special use permit beforehand.
Mr. Shoaf said that they needed to submit another site plan to construct that middle school. He said that
there was a possibility that if they did submit another site plan for this middle school, there could be
reconfiguration of that road potentially. He said that staff would need to examine the conditions and how
that would look more closely, but there could be a potential scenario there.
Mr. Missel opened the public hearing and asked if the applicant had a presentation.
Kendra Moon said that she was representing Tandem Friends School. She said that she was accompanied
by three school administrators who were available for questions as needed. She said that she would briefly
review some background information that Mr. Shoaf had already covered and focus more on the traffic
aspect since it appeared to be a primary concern that afternoon.
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
16
Ms. Moon said that Tandem Friends School was established in 1970 and was an independent day school
serving grades 5 through 12. She said that currently, the enrollment stood at exactly 250 students, with a
strict policy of not exceeding that limit. She said that they had turned away students, including siblings, to
maintain this cap. She said that the school had requested to amend its special use permit.
Ms. Moon said that as mentioned earlier, there had been four previous amendments for increased
enrollment and preschool expansion. She said that this new request aimed to set an aspirational 400 -
student limit to avoid frequent returns for minor adjustments. She said that currently, there were 30 students
on the waiting list, which represented the initial growth expected. She said that the 400-student cap allowed
for future expansion without needing additional permits.
Ms. Moon said that the school had already secured approval for its middle school building location through
a previous special use permit. She said that while not currently needed, this amendment provided room to
grow. She said that the Tandem Friends School's current facilities could accommodate approximately 100
more students, with empty classrooms and the need for additional staff and the SUP being the only
constraints.
Ms. Moon said that there was a public need for increased capacity in Albemarle County schools, particularly
high schools. She said that on the next slide, she would zoom in on some statistics to illustrate this point.
She said that approximately half of Tandem Friends School's current student body resided within Albemarle
County and would presumably attend Albemarle County Public Schools otherwise.
Ms. Moon said that about 90 students lived within Charlottesville. She said that as of the 2023 -2024 school
year data, at least 55 students were zoned for the southern feeder pattern school district and ultimately
Monticello High School, which would generate traffic on this road regardless. She said that Albemarle
County was particularly overcapacity, with the red area on the slide in dicating the number of students
currently exceeding capacity and projected to continue for the next ten years. She said that Monticello High
School was right on the border.
Ms. Moon said that the site surrounding the school has institutional uses and already possessed a special
use permit, making it compatible with neighboring properties. She said that Mr. Shoaf had mentioned there
being two existing schools in the vicinity, with plans for a third. She said that the future elementary school
location would be just a few properties down. She said that the current site featured two entrances off of
Mill Creek, and she would refer to the northern entrance. She said that there was an administrative building,
classroom buildings spread throughout, athletic facilities, parking, and a future middle school in this vicinity.
Ms. Moon said that regarding the concept plan approved in 2015, she understood concerns had been raised
about access, and while the plan was approved with the road’s closure, Tandem would like to retain it if
possible due to its benefits. She said that if the school reached its 350-student limit, they would be required
to undergo the site plan process, including erosion and sediment control and stormwater management.
Ms. Moon said that regarding the anticipated impacts assessment, since no expansion was currently
proposed, any future growth would need to adhere to normal stormwater management practices. She said
that the biggest impact was traffic. She said that their current circulation patterns had a police officer present
during morning and afternoon pickup and drop-off times to help control this intersection.
Ms. Moon said that all of the traffic entered through the northern entrance, and most of it left through that
same entrance. She said that there may be some confusion; they did allow cars to exit in the morning and
afternoon, but during the day, this entrance was closed off with cones to ensure pedestrians could safely
walk through the site without worrying about cars. She said that there was flexibility in their internal
circulation patterns.
Ms. Moon said that related to traffic, the pick-up and drop-off window was approximately 30 minutes. She
said that the schools' start, and end times were already staggered from those of nearby schools, but they
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
17
will maintain this schedule with a special use permit. She said that school started at around 8:30 a.m.,
except for Fridays; she would elaborate on that later. She said that Monticello High School across the road
had a 25-minute staggered start time in the morning, while Mountain View Elementary School off Avon was
significantly staggered.
Ms. Moon said that in the afternoon, they were only 10 minutes apart from Monticello High School, but
many students stayed after school for activities, so traffic to the site was not as concentrated at that time.
She said that the future elementary school was expected to have the same hours as Mountain View. She
said that a traffic impact analysis was prepared for the new elementary school and found that all
intersections in the area were operating at acceptable levels of service and were projected to remai n so in
the future.
Ms. Moon said that regarding trip generation, she provided a table of projected trips from ITE. She said that
she wanted to point out that this was based off of two data points and projected, so it should be noted that
there may be inaccuracies due to there only being two data points. She said that they did have actual trip
counts from Tandem.
Ms. Moon said that staff members were present on site every morning and afternoon, and one present
administrator was familiar with the daily count of people coming and going. She said that currently, there
were approximately 385 trips per day, which was significantly less than the projected 620 trips. She said
that in the future, it was anticipated that there will be 616 trips per day, still below the ITE projection. She
said that the traffic impact analysis corroborated this, as it found 160 peak morning t rips compared to the
estimated 214.
Ms. Moon said that regarding intersection safety, a review of crashes over the past eight years showed
none directly correlated with pickup and drop-off times. She said that one potential association existed at
9:10 a.m., which was slightly after the school's 8:30 a.m. start time. She said that the last slide displayed a
snapshot of the intersection during peak morning drop-off at 8:27 a.m., showing a policeman directing
traffic. She said that this visual was helpful in understanding the actual traffic flow.
Ms. Moon said that she also had a brief video, which was a sped-up version of five minutes into 15 seconds
to demonstrate the flow of traffic. She said that there was a one -minute period where some cars were
backed up, but overall, the traffic flowed well. She said that it was useful for visualizing the actual traffic
patterns.
Mr. Bivins said that he understood from Albemarle GIS that the road leading from the southern exit did not
actually lie on the applicant’s property; it was owned by an entity known as the Nameless One.
Michelle Schlesinger said that she was the Associate Head of Operations at Tandem Friends School,
accompanied by Whitney Thompson, their Head of School. She said that it was a good question. She said
that the property owned by the Nameless Corporation, which bordered the area, and was being held for
Tandem. She said that if one had the map with parcels displayed, it was also noted that they possessed an
adjacent parcel on the corner; however, there were no roads present on that specific parcel.
Mr. Carrazana asked if the trip count numbers represented only student transportation for drop -offs and
pickups, or if they also included trips involving staff members.
Ms. Schlesinger said that the trip counts included both staff and students in the total.
Mr. Bivins said that he wanted to ensure the applicant understood his concern that it differed from what
they initially thought. He said that when he voted yes for the project, he believed there would be
approximately 200 people on the property. He said that now it was being said that an additional 150
individuals would be present. He said that one issue that had recently become a significant concern for him
was having only one entrance and exit in schools. He said that accidents happen, and it was crucial to have
a secondary route for evacuation purposes.
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
18
Mr. Bivins said that during his visits to the property for events or other occasions, he appreciated that the
school was among the few with an alternative exit option. He said that while he wasn't concerned when the
number of attendees was 150, he did have concerns now in today's environment. He said that with the
increased population and restricted access, it seemed unnecessary since they owned land adjacent to the
site, which could accommodate a road leading to the building that had yet to be constructed. He said that
this was where his concern lay regarding how things had changed since the project was first presented to
them in 2016.
Ms. Schlesinger said that she believed they shared the same concern. She said that knowing that they
would need to return to the County and go through the site plan process again, it was likely that the shape
and appearance of the building would not resemble its initial proposal. She said that this was a concern
they also held, and they did not feel compelled to abandon the idea of having multiple exits.
Ms. Firehock asked if they could require the second entrance since it was germane to the impact of
additional students and traffic. She said that it did not have to involve the specific layout of the campus but
could be a general requirement.
Mr. Herrick said that a second access could be a condition of approval, but noted that the current conditions
required that development be in general accord with the submitted site plan, so that would need to be
altered. He said that as previously mentioned, the proposed layout was already approved with a prior SP;
however, there could be a condition of approval for this SP that restricted its approval until an alternate exit
were implemented, either at the location of the existing exit or elsewhere.
Ms. Moon said that to clarify, there would still be general fire access available. She asked if the Commission
was discussing general access.
Ms. Firehock said yes.
Whitney Thompson said that they were attempting to honor the idea of not revisiting minor issues
repeatedly. She said that since the matter had already been approved, she believed that the concern just
raised would be incorporated into the process when and if they reached 350 students, a milestone that was
not imminent. She said that assuming the concern remained consistent, it could be addressed during that
time. She said that if they decided not to include something now, she imagined it would still surfac e in that
process, regardless of whether it was stipulated at this point.
Mr. Bivins said that he was raising the issue because if approved, this matter would not be seen by the
Commission again at any point unless staff brought it to them.
Mr. Shoaf said that he wanted to add some information. He said that the first condition, as Mr. Herrick had
referenced, was a carryover from the previously approved special use permit. He said that according to this
condition, development should be in general accord with the concept plan. He said that elements A through
E were major elements that could not be changed.
Mr. Shoaf said that the building size, including height, could not be altered, nor could the location of
buildings. He said that if they were to move forward with redesigning the building, they would need to amend
this SP. He said that whether or not that was appropriate now or later down the line once they reached 350
students was uncertain, but they would require amending this SP to change the building location.
Mr. Missel said that there was some flexibility in the phrase “general accord” if it was determined that the
building's location might have posed a transportation issue.
Francis McCall, Deputy Zoning Administrator, said that Mr. Missel was correct. He said that they would
need to take the proposed change into account. He said that if the proposal was minor, they would evaluate
whether it indeed qualified as such. He said that even with the orientation shown on the plan, the change
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
19
could still be considered minor. He said that therefore, when making their proposal, they must make that
evaluation. He said that if the shift opened up the possibility of keeping that entrance there, they could
certainly consider it; however, if they determined it did not meet their requirements, it would need to come
in for an amendment.
Mr. Missel said that he was attempting to simplify the process for everyone in the future, ensuring the
applicant did not need to return to the County to move the building 20 feet. He said that his suggestion was
to craft a condition or recommendation accompanying the site plan and serving as a reminder to staff of
their previous agreement to consider relocating the building if it would be beneficial. He sa id that this would
provide flexibility within the language of general accord, allowing for more adaptability in future decisions.
Mr. Herrick suggested adding a condition to require secondary egress onto Mill Creek Drive. He said that
the applicant, the site review committee, and other relevant parties would determine where this secondary
access should be located. He said that the applicant owned property that abuts Route 20, Scottsville Road,
as well. He said that depending on the site plan process, VDOT might approve secondary access onto
Route 20 directly. He said that a condition requiring the provision of this means of secondary access could
be considered by the Commission and staff.
Mr. Missel said that to clarify, the reason for implementing this change was because of the transition from
a capacity of 250 to 400.
Ms. Firehock said yes, it was directly tied to the request.
Mr. Missel said that he was reiterating this point because it felt awkward to change a previously approved
special use permit.
Mr. Bivins said that they were not actually changing it. He said that circumstances had changed since 2019
when it was initially approved, and this request to change the census of the campus meant that a secondary
exit was necessary for safety purposes.
Mr. Moore said that the proposed change was to preserve secondary egress from the property in general.
He said that he wondered if they should add some amended comments to pass on that indicated the
Commission considered a modification of 20 feet or so to the building envelope, which would be minor.
Mr. Barnes said that he suggested that for condition 1C, the location of buildings, with the exception of the
middle school, may be moved to improve secondary access.
Mr. Carrazana said that he did not believe they were suggesting that they must retain that exit; therefore,
he was uncertain as to whether they needed to delve into that matter further. He said that a second means
of egress or exit from the property should be required, and the applicant should determine how to achieve
this.
Mr. Missel said that the question was whether the location of the building necessitated providing a
secondary egress. He said that if they said they would do so by keeping the existing egress, then tried to
move their building to adapt to that requirement, this would not allow them to do so. He said that by adding
the language Mr. Barnes recommended, it provided an opportunity for a second entrance and mandated a
second entrance while also allowing for flexibility in design.
Mr. Carrazana said that he thought that moving the building by 20 feet would still be in general accord with
the provided plan.
Mr. Barnes said that it probably was, but the condition would make sure that it was clear.
Mr. Missel asked if there were any members of the public who wished to speak on this item. Seeing none,
he asked the Clerk if there were any speakers signed up online.
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
20
Ms. Shaffer said that there were none.
Mr. Missel closed the public hearing and the matter rested with the Commission.
Mr. Barnes said that to clarify, the Condition C would be modified to represent the locations of buildings,
except for the middle school, which may be relocated to accommodate a secondary route for access.
Mr. Missel motioned the Planning Commission to recommend approval of SP202400005 Tandem Friends
School Enrollment Increase for the reasons stated in the staff report and with Item C amended so the
locations of buildings, except for the middle school, may be relocated to accommodate a secondary route
for access. The motion was seconded by Ms. Firehock and passed unanimously (7 -0).
Committee Reports
Mr. Moore said that the Rio 29 Community Advisory Committee met last Thursday. He said that a proposal
would be presented soon in which Cross Life Church and Community Christian Academy, located at Old
Brook Road in Rio, planned to request permission to de molish an unused parsonage and replace it with a
modular building for the interim period, allowing them to bring back their middle school students to that site.
He said that eventually, they intended to increase their enrollment cap from 150 to 500, which would be a
topic of discussion in the future. He said that for now, they simply wanted to install a nice-looking modular
structure to accommodate their middle school students.
Mr. Moore said that they also received a very informative presentation from the Environmental Services
Division regarding drainage infrastructure management. He said that this information had helped him better
understand how the County had been maintaining public stormwater infrastructure and taking inventory of
what it has in recent months. He said that it had only been 18 months since they began assessing their
urban area's drainage infrastructure. He said that he was happy to share more details if anyone was
interested, and the presentation deck was available online for review.
Mr. Murray said that one thing that bears conversation at some future point was the discrepancy between
the individuals responsible for the site plan process and those who maintained and inspected stormwater
facilities in the County after construction. He said that it appeared that these two groups had differing
perspectives on where stormwater retention basins and other facilities should be located, which could lead
to inefficiencies. He said that while the Commission did not make staffing decisions, it wo uld seem logical
for these two groups to work more closely together to ensure a smoother process.
Ms. Firehock said that a public meeting was held regarding the solar facility on the farm at Secretary Sands
Road. She said that the presentation by the applicant primarily consisted of showcasing multiple views from
various sight lines and discussing how far away one might potentially be able to see the solar panels. She
said that one concern raised was about the reflection of the solar panels, but the panels should not be
reflecting much due to their black color and their primary purpose of absorbing the light to produce solar
energy.
Ms. Firehock said that the meeting mainly involved a Q&A session. She said that they were still awaiting
the application's arrival at the County level. She said that this was a relatively small facility, with just over
30 acres of disturbance. She said that it occupied an existing forested site, a pine plantation on a hill. She
said that the soil appeared to be in good condition. She said that it remained contentious due to potential
sight lines from neighboring properties because of its elevated location, unlike other sites they had approved
that were harder to see due to their lower or concealed positions. She said that this project’s outcome was
to be determined and had not yet been scheduled.
Mr. Carrazana said that there was an MPO Tech last week which focused on Smart Scale. He said that a
significant portion of the discussion centered around improvements to Barracks Road by the bypass. He
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
21
said that the primary concern with the MPO Tech was not providing a mid -block crosswalk, particularly
where there as a bus stop at one end and the trail at the other end, without any crosswalk in between.
Mr. Carrazana said that many people currently crossed there, and as the streets were being narrowed due
to improvements, pedestrians would likely want to cross even more frequently. He said that there was no
area of pedestrian refuge to provide safety for these individuals. He said that there was a lot of conversation
about this issue, and although there was pressure to approve it, it was approved with the understanding
that VDOT should consider incorporating a crosswalk and mid-block crossing as they moved forward in
their design process.
Mr. Murray asked if they were planning to extend the left-turn lane coming from Charlottesville and getting
on the bypass. He said that it always seemed like a bottleneck right there in front of the Exxon Station.
Mr. Barnes said that in theory, the two roundabouts would accommodate the turning movement there. He
said that two applications were in process, one being the County’s half of the project that included a
roundabout at Georgetown, shared use paths, and road dieting coming back to the bypass. He said that if
the application was successful, that would be great, but the real aim was to get the whole project done that
the MPO was applying for.
Mr. Barnes said that if the MPO did not receive funding for the whole project, they would do the smaller
project, and they would attempt to secure funding for the remaining portion in subsequent years. He said
that ideally, they would end up with the MPO being fully funded, resulting in roundabouts at Georgetown
and two roundabouts at the bypass. He said that at that point, turn lanes would not be necessary because
the turning movements would utilize the roundabout.
Mr. Carrazana said that the proposed improvements were quite significant. He said that the project was
designed as a multi-phase initiative. He said that their primary focus at present was obtaining approval for
the crosswalk. He said that from a pedestrian perspective, he believed it would be challenging; however,
the addition of a crosswalk would be an excellent feature that they hoped VDOT would consider.
Mr. Barnes said that it was difficult to get VDOT to support a mid-block crossing even in the best scenario,
and the reduction in median as proposed would make it that much more difficult.
Mr. Carrazana said that the mid-block crossing was currently used without the markings, so it was
necessary. He said that there had been a discussion concerning the enhancements to 5th Street and its
intersection with Interstate 64. He said that it seemed that the favored choice for this location was the
diverging diamond design, which was presently under consideration and moving forward.
Review of Board of Supervisors Meeting
Mr. Barnes said that the Board convened on May 15. He said that two prior agenda items presented to
them were a rezoning and a special use permit for Stonefield Tesla; both were approved by the Board.
AC44 Update
Mr. Barnes said that staff would return with a presentation at their subsequent meeting. He said that
generally speaking, staff had begun collecting all of the goals and objectives that had been presented thus
far, recognizing a need to create a companion document outlining the larger goals and visions of the County.
He said that this was something they were currently working on, which had delayed progress in taking a
slightly different direction. He said that they would come back and explain this new direc tion for
consideration at their meeting next month on June 11.
Mr. Missel said that there was a work session on June 25. He asked if they would have a general discussion
before this on June 11.
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - May 28, 2024
22
Mr. Barnes said yes, there would be information provided on June 11.
New Business
Mr. Clayborne said that he had a question regarding training for Planning Commissioners, which was
typically held annually. He said that he recently searched online to determine when the next session would
be offered but could not find any information. He asked if there were plans to send Commissioners to such
a training.
Mr. Barnes said that staff would get back to him regarding that matter.
Old Business
There was none.
Items for follow-up
There was none.
Adjournment
At 8:02 p.m., the Commission adjourned to June 11, 2024, Albemarle County Planning Commission
meeting, 6:00 p.m. in Lane Auditorium.
Michael Barnes, Director of Planning
(Recorded by Carolyn S. Shaffer, Clerk to Planning Commission & Planning Boards; transcribed by Golden
Transcription Services)
Approved by Planning Commission
Date: June 11, 2024
Initials: CSS