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HomeMy WebLinkAboutSDP201200015 Executive Summary 2014-07-02COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SDP201200015 Ivy Fire Station Site Plan Amendment — Special Exception to Authorize Waiver SUBJECT /PROPOSAL /REQUEST: Special exception to authorize waiver from the structure height regulations for the Ivy Fire Station STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, Cilimberg, Benish, Ray PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: July 2, 2014 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Ivy Fire Station is located at 642 Kirtley Lane off of Ivy Road. The approved site plan proposed a flag pole near the entry area at the right side of the apparatus bays. However, during construction that location was found to be in conflict with a sewer line. The best available alternate location is on the left side of the apparatus bays (See Attachment A), but this location is closer to the property line than Section 4.10.3.1(b) of the Zoning Ordinance allows. The applicant is requesting a waiver of this requirement in order to install a flag pole in this location. STRATEGIC PLAN: Goal 2: Provide community facilities that meet existing and future needs. DISCUSSION: Section 4.10.3.1(a) of the Zoning Ordinance exempts several types of structures, including flag poles, from the height limitations established in the Zoning Ordinance. However, Section 4.10.3.1(b) states that any structure identified in subsection (a) shall not be located closer in distance to any property line than the height of the structure. The flag pole is 35 feet high and its proposed location is approximately 17 feet from the property line shared with Tax Map 59, Parcel 23G (TMP 59 -23G). Section 4.10.3.1(c) allows this requirement to be waived "... in an individual case if... the public health, safety or welfare would be equally or better served by the modification or waiver." The applicant has submitted a request and justification for the waiver (Attachment B), and this request has been reviewed against the associated regulations. Section 33.5 of the Zoning Ordinance authorizes the waiver to be approved by the Board as a special exception. There are few locations along the Fire Station's facade that will accommodate the installation of a flag pole. The Ivy Fire Station property includes an easement on TMP 59 -23G for access and parking. The access easement is 30 feet wide and the parking easement is variable in width, but is generally an additional 10 feet beyond the access easement. This area includes permanent improvements associated with the Fire Station, and no functions of TMP 59 -23G are associated with the easement area. Thus, the practical use by the Fire Station extends approximately 57 feet from the proposed flag pole. Based on the foregoing, staff believes that the purpose of Section 4.10.3.1(b) is actually satisfied by the combination of the distance of the flag pole to the property line and the existing easement on TMP 59 -23G, and that the public health, safety and welfare would be equally or better served by the waiver. BUDGET IMPACT: There is no budget impact related to this special exception. RECOMMENDATIONS: Staff recommends that the Board approve the special exception to waive Section 4.10.3.1(b) of the Zoning Ordinance to permit the proposed flagpole location at the Ivy Fire Station. ATTACHMENTS: A — Location Map with Approximate Flag Pole and Easement Locations B — Waiver Request Return to consent agenda Return to regular agenda ATTACHMENT C. Slopes /Maximum Grade Exhibit Figure 1: Maximum 5% Grade - Design Standard Figure 2: 10% Grade: A maximum of 10% grade has been previously approved through waivers Figure 3: -- 12 -13% Grade: 12 % -13% grades have never been approved through parking space grade waivers, to date, due to safety and welfare concerns Horizontal to Horizontal Average Vertical Slope to Vertical Parking Ratio Slope Space (20:1) Ratio Grade [County requirement ($ :1) Requested per 4.12.15 of the Zoning Ordinance and the Design Standards Manual Slope in ., 10 12.5 12.7 13 15 Percent Slope in 2.86 5.71 7.13 7.24 7.41 8.53 Degrees Figure 1: Maximum 5% Grade - Design Standard Figure 2: 10% Grade: A maximum of 10% grade has been previously approved through waivers Figure 3: -- 12 -13% Grade: 12 % -13% grades have never been approved through parking space grade waivers, to date, due to safety and welfare concerns ATTACHMENT D. Site Photos by Staff on June 13, 2012 16 IL Photo 1: Existing Warehouse at 640 Kirtley Lane: Section 1 of 3 par Photo 2: Existing Warehouse at 642 Kirtley Lane: Section 2 of 3 ATTACHMENT D. Site Photos by Staff on June 13, 2012 Aw Photo 3: Existing Warehouse at 644 Kirtley Lane: Section 3 of 3 Photo 4: Existing Treeline Directly in Front of Kirtley Warehouse ATTACHMENT D. Site Photos by Staff on June 13, 2012 Photo 5: Existing Conforming Parking Spaces Directly in Front of Kirtley Warehouse Photo 6: View Uphill from Kirtley Warehouse towards Ivy Rd. - Existing Parking Spaces are Nonconforming at > than 5% Maximum Grade ATTACHMENT D. Site Photos by Staff on June 13, 2012 Photo 7: Another View Showing Incline to Ivy Rd. Photo 8: View Downhill to Kirtley Warehouse — Volvo Parking is on the West Side of Kirtley Lane ATTACHMENT D. Site Photos by Staff on June 13, 2012 Photo 9: View Uphill to Ivy Rd. from Kirtley Warehouse; Existing Parking Spaces on Picture Left /East are Nonconforming a 0 0 1 Cil N4= 0) . v 0 EAU � d � N N � 2 p Ln D CA,T. .r c� Z W } R, CD CD CD Ln CD N - M Q Lrp c N Y „i IV Ul 0 to j, TI C• 20 - - - - - - - - - -- Ali o ch rn W q m � ,.. N ° (D �mmm ®eo® ©•mud z r CD On I CD CL Cl) \ O COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: SDP201200015 Ivy Fire Station at Kirtley July 11, 2012 Warehouse—Parking Grade Waiver Request ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Parking space grade waiver(requesting grades greater ACTION: X INFORMATION: than five percent in the parking area per Section 4.12.2(C)2 of the Zoning Ordinance. Board review of ATTACHMENTS: Yes waiver/modification request as per Section 31.8 of the Zoning Ordinance REVIEWED BY: N/A STAFF CONTACT(S): T. Foley, B. Letteri, David Benish, Joanne Tu Purtsezova, Max Greene LEGAL REVIEW: NO BACKGROUND: Staff's initial review and research of this request determined that the existing spaces located along Kirtley Lane had never been approved by the County. Accordingly, the request was advanced to the Planning Commission for action with a recommendation of denial by staff. However, staff has recently discovered that administrative approvals for those spaces were granted in 2005 and 2006 by Community Development. These existing spaces consist of similar N'r"grades to the ones being proposed with this request. The files from 2005 and 2006 do not indicate the rationale for the approval of these spaces due to the administrative nature of the review process at that time. The reviewing engineer and planner are no longer employed with the County. DISCUSSION: These prior approvals are new facts to the review of this parking grade waiver request. Staff seeks to maintain consistency in the application of regulations and decision making. There has been no change in the relevant regulations or significant change circumstance on this site, except for the addition of a new church served by the road and the addition of the fire station within the existing Kirtley warehouse building. Based on this new information, staff has modified the factors favorable (found below) and is now recommending approval of this waiver request. Please note that had staff been aware of these prior approvals of the existing parking spaces, staff would have initially recommended approval of this waiver request. Based on the policy adopted by the Board for the review of waivers and modifications, this request would have been scheduled for the Board's approval on consent agenda and no review by the Planning Commission would have been necessary. FACTORS FAVORABLE: 1. Administrative approvals were granted by Community Development in 2005 and 2006 for the existing parking spaces along Kirtley Lane. The existing spaces are of similar grades as being requested for the seven new spaces as part of this request. 2. The is only a limited number of additional spaces(7) created with these steep 3. The seven additional spaces would be similar in character/grade to the existing, non-conforming spaces along the travelway. 4. The proposed parking exceeding 5%would be for employees only 5. A maximum grade of 13% has been approved administratively before for a driveway; however, conditions and expectations for the use of a driveway are different than for a parking. 110.0 `4000' FACTORS UNFAVORABLE: 1. Engineering recommends denial. 2. A finding that the waiver would better serve public safety, health, and welfare cannot be made. 3. Inclement weather/public safety concerns exist. 4. A maximum parking space grade greater than 10% has never been approved. BUDGET IMPACT: Not applicable RECOMMENDATIONS: Staff recommends Board approval of the parking space grade waiver request. ATTACHMENTS: PC action letter Staff Report, with attachments PC minutes Return to agenda Alwip Now rN �jRGII3�P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,North Wing Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 July 2, 2102 Timmons Group C/O Craig Kotarski 919 2nd St. SE. Charlottesville, Va 22902 RE: SDP201200015 Ivy Fire Station at Kirtley Warehouse Tax Map Parcel 059000000023B1 Dear Mr. Kotarski: On June 26, 2012, the Planning Commission recommended denial of Parking Space Grade Waiver associated with SDP201200015, by a vote of 5:2. Please be advised that the Albemarle County Board of Supervisors will review this petition and `"iro, receive public comment at their meeting on July 11, 2012. Return to exec summary Please contact me if you have questions regarding this matter. Sincerely, Joanne Tu Purtsezova Planner Planning Division Cc: Ron Lilley/Albemarle County Facilities Development 401 Mcintire Road Room 228 Charlottesville, Va 22902 Kirtley Family Holdings LIc CIO Uva Med Ctr Finance Dept P 0 Box 800778 Charlottesville Va 22908 %ow .,e ■ore vare Albemarle County Planning Commission June 26, 2012 The Albemarle County Planning Commission held a regular meeting on Tuesday, June 26, 2012, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Richard Randolph, Bruce Dotson, Ed Smith, Thomas Loach, Don Franco, Calvin Morris, Chair; and Russell (Mac) Lafferty, Vice Chair. Julia Monteith, AICP, Senior Land Use Planner for the University of Virginia was present. Other officials present were Joanne Tu Purtsezova, Planner; Ron Lilly, Office of Facilities Management; Dan Eggleston, Fire Chief; Summer Frederick, Thomas Jefferson Planning District Commission; Rebecca Ragsdale, Senior Planner; Stewart Wright, Permits Planner; Elaine Echols, Principal Planner; Amelia McCulley, Zoning Administrator/ Director of Zoning; Ron White, Director of Housing; Margaret Maliszewski, Design Planner; Sharon Taylor, Clerk to Planning Commission; David Benish, Chief of Planning; Wayne Cilimberg, Director of Planning and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Mr. Morris, Chair, called the regular meeting to order at 6:00 p.m. and established a skip, quorum. Regular Item: SDP-2012-00015 Ivy Fire Station at Kirt ley Warehouse— Minor PROPOSAL: Parking space grade waiver associated with a request for a minor site plan amendment to convert the existing Kirtley Warehouse to a fire station. A critical slopes waiver (was approved at the May 2, 2012 Board of Supervisors meeting). Parking space grade waiver (is for grades greater than five percent in the parking area per Section 4.12.2(C)2 of the Zoning Ordinance ZONING: LI — Light Industrial — industrial, office, and limited commercial uses (no residential use) COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas in Rural Area 1 - Preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/acre in development lots) ENTRANCE CORRIDOR: Yes SECTION: 18-32 Site Plan; 18-27 Light Industry; 18-4.12.15C Maximum 5% Grade for Parking; 18-4.12.2(C)2; 18-1.4 Safety and Welfare LOCATION: 642 Kirtley Lane off of Ivy Rd. between the Volvo dealership and the Northridge medical complex TAX MAP/PARCEL: 05900-00-00-023B1 MAGISTERIAL DISTRICT: Samuel Miller (Joanne Tu Purtsezova) ow' Ms. Purtsezova presented a PowerPoint presentation and summarized the staff report. ALBEMARLE COUNTY PLANNING COMMISSION-JUNE 26,2012 1 DRAFT PARTIAL MINUTES-SUBMI I I'ED TO BOS SDP-2012-000015 IVY FIRE STATION AT KIRTLEY WAREHOUSE-MINOR The item before the Planning Commission is a parking space grade waiver associated with the proposed Ivy Station at the Kirtley Warehouse site just off of Ivy Road. The request is for seven (7) additional parking spaces extending from existing, nonconforming parking spaces in the travelway between the Volvo dealership and the Northridge medical complex, which is Kirtley Lane. Please note that the Ivy Fire Station minor site plan amendment is under ministerial review by staff and is NOT before the Planning Commission at this time. Request: • Seven (7) additional parking spaces with a 12.7% average grade • The existing nonconforming parking spaces range from 11% to 12% grade • The proposed parking spaces range about the same • A parking space grade waiver per 31.8, which allows the Board of Supervisors to approve modifications to the 5% maximum grade limit for parking areas under 4.12.15c. Because staff is recommending denial they are requesting Planning Commission review and provide a recommendation • Section 4.12.15c limits the maximum grade of parking areas to 5%, but the request is for an average grade of 12.7%. • Section 31.8 gives the Board of Supervisors sole authority to approve waivers. Staff has reviewed the request against 4.12.2(c)2 and 1.4, but the Board of Supervisors does not need to make specific findings in support of its final decision Staff reviewed slides showing views of the existing conditions on site. To either side of Ned the travel way there are parking spaces that are nonconforming and have not been reviewed explicitly by staff. However, they were looked at as existing conditions with the site plan in 2008 for the North Ridge Complex. Staff displayed views of the warehouse proposed for the Ivy Fire Station. The addresses are 640, 642 and 644 Kirtley Lane. As a comparison the approved spaces that have been reviewed by staff are very flat, whereas the nonconforming ones go upward to Ivy Road. FACTORS FAVORABLE: 1. The proposed parking exceeding 5% would be for employees only associated with the hospital only. 2. The seven additional spaces would be similar in character/grade to the existing, non-conforming spaces along the travelway. 3. A maximum grade of 13% has been approved administratively before for a driveway; however, conditions and expectations for the use of a driveway are different than for a parking. FACTORS UNFAVORABLE: 1. Engineering recommends denial 2. A finding that the waiver would better serve public safety, health, and welfare cannot be made. 3. Public safety and property damage concerns, particularly in inclement weather. 4. A maximum parking space grade greater than 10% has never been approved. 'S ALBEMARLE COUNTY PLANNING COMMISSION-JUNE 26,2012 2 DRAFT PARTIAL MINUTES-SUBMITTED TO BOS SDP-2012-000015 IVY FIRE STATION AT KIRTLEY WAREHOUSE-MINOR '+err Staff is concerned primarily with inclement weather conditions, slippery and slick conditions while passengers and drivers are getting in and out of their cars. Staff cannot find that the waiver would better serve public health and safety. In addition, engineering and planning have checked and a maximum parking space grade waiver has not ever been approved for more than 10%. Mr. Morris invited questions. Mr. Loach asked how many compliant parking spaces are down at the bottom close to the warehouse. Ms. Purtsezova replied that she thought it was between 11 to 14 parking spaces. Mr. Loach said if they are going to have one engine down there, then they are talking about 3 to 5 persons. Therefore, they have enough parking spaces. Mr. Benish noted this is not parking that is required for the fire station. Mr. Loach said that was the one point he wanted to make. He has trouble with this only because of the engineering documentation. On page 5 it says since the Ivy Fire Station is proposed at this location at 13 percent maximum grade the travel lane may be potentially dangerous. The loss of health or property is a danger such as during inclement weather the hazardous parking conditions that otherwise could possibly be Nr' preventable accidents. Then it goes on to say the maximum parking grade space greater than 10 percent has never been approved. With that recommendation and those caveats he was not sure how he could feel comfortable in supporting it. Mr. Lafferty noted one of the concerns was it was perpendicular parking. He realized the slope was a problem. He asked could they go to diagonal parking and put dividers so that people could walk in between. Another thought is whether this is in any way grandfathered in. He knows it has been passed through several committees before and no action has been taken. Ms. Purtsezova said he believed he had two questions. One is whether this can be grandfathered in. The second question is whether perpendicular spaces or any other alternatives would be possible. The applicant has provided a little bit of information on that. They have said that it is not possible. They do propose on the site plan to use permeable pavers. She did not know if that makes a difference. As far as grandfathered in she did not know how they could grandfather something that was never explicitly authorized. Mr. Benish said they were asking for the new parking spaces. So the existing spaces will stay. The ones shown in the pictures will not change and will stay. The request is to add seven additional spaces. Any other configuration like parallel and diagonal that would provide additional space in the applicant may be best to explain that. However, one of the goals is just a need for more parking spaces in the general North Ridge area. New They are only asking for seven parking spaces. So any reconfiguration that would ALBEMARLE COUNTY PLANNING COMMISSION—JUNE 26,2012 3 DRAFT PARTIAL MINUTES—SUBMITTED TO BOS SDP-2012-000015 IVY FIRE STATION AT KIRTLEY WAREHOUSE-MINOR reduce that they don't gain very much. There is probably some concern about the *0•0 practicality of the request if they have to widen them then they are going to get three or four parking spaces. He is sure that Ron Lilley has looked at some options and can answer the question. Mr. Lafferty said the actual fire department does not need additional spaces. Mr. Benish replied this is related to the site plan to approve the fire station, but this request is really from the Health Science Foundation to augment their parking. It is part of looking at the larger site there including North Ridge and LTECH. Mr. Dotson asked if Health Sciences itself is requesting this as a state agency would they be coming to us. Ms. Monteith noted that it was Health Services and it is a foundation and they are not an agency. Mr. Randolph asked if this was in fact just a business entity would they have come to a even more rapid conclusion understanding that this parking is to be used for employees for a fire station, which is a public service, that because of the critical slopes that this should absolutely be denied. He asked if they would have even greater degree of firmness about it or the same degree of firmness. Mr. Benish replied that staff would follow the same process. Mr. Randolph said he wanted that on the record that there is no differentiation between the two and that they coming to this conclusion based on the merits of the application. Mr. Benish said that is the way staff has reviewed it. They have looked at it as any other request. There being no further questions, Mr. Morris opened the public hearing and invited the applicant to address the Commission. Ron Lilley, with the County's Office of Facilities Development representing the applicant in this case, said that in an agreement with the University of Virginia to use a portion of Kirtley Warehouse they agreed to take a site plan forward for the necessary site changes there, which are essentially parking configuration changes and to try to obtain additional parking spaces in this row of seven as part of an agreement. There was no hard and fast promise that this is going to be provided when it was discussed. Frankly, it was not realized that a waiver was necessary for those spaces. The spaces would be used by the University for employees at primarily LTECH and that then frees up some of the spaces that would be needed down at the lower end of the site for the fire station and other sort of site users. He hoped that clarifies that. That is why the County is taking forward something really on the University's behalf. Mr. Lilley noted that they do have a segment of parking down at the lower end that would be permeable pavers, which have a little better traction. However, the segment ALBEMARLE COUNTY PLANNING COMMISSION-JUNE 26,2012 4 DRAFT PARTIAL MINUTES-SUBMI I I BD TO BOS SDP-2012-000015 IVY FIRE STATION AT KIRTLEY WAREHOUSE-MINOR 'Noire lime they are talking about here would just be regular asphalt just like the spaces that would be extended. He hoped there is no confusion about that. From applicant's point of view certainly understand the concern for health, safety, welfare and he knows the University does as well. They would take the position that with the existing context of a row of 18 spaces pretty much like it in an existing lane that is going down. There is no change to the grade of the lane. Adding a segment of seven spaces is a fairly minor adjustment to an existing situation that is sensible in a case where parking is necessary. It is not to say that this would make it right, but when you look at alternatives of well people may park in places that are less safe because there is no safe as they could make it arrangements. He would take that into account. He thinks for the most part it is within the existing context with the understanding that the University is trying to do all they can to provide reasonable parking. They would ask for their consideration of that. He would also say on the health safety thing that there is a bit of common sense for people who park there as far as he knows there has been no incidents of people who park there getting up the grade or having any cross traffic concern there. They did look at alternatives of whether it would be angled or perhaps moving the proposed bay of spaces further back so they could transition to a flatter surface. But that brings it own set of problems namely getting further into slopes and having a portion of the row of parking further inset and perhaps creating safety issues that are worse as a result of not being in line with the rest of the parking there. He appreciates the Commission's consideration in the context. Fire Chief Dan Eggleston is here for any questions. He might choose to speak to the need and the understanding with the University. To address technical questions Craig Kotarski is here from Timmons Engineering. New- Mr. Morris invited questions for the applicant. Mr. Smith noted that he had answered one of his questions about any accidents. Today he called a gentleman from the University that is involved with this situation and asked him about any incidents or accidents and he said there was no record of anything in the last 4 years. He knew they have had one bad winter in the last four years. Mr. Lilley said he could understand where someone trying to make it up a lane of a substantial slope could have an issue. Although he knows it happens on lesser slopes as well. He has not been aware of any accidents that are posed here. Mr. Franco asked what the width of space is. Mr. Lilley replied that he believed the spaces were 9'. Mr. Franco asked if there is room enough to go to 10'. Craig Kotarski, with Timmons Group, replied that there is not room to go to 10 without reducing the number of spaces. Mr. Morris invited public comment. There being none, the public hearing was closed and the matter before the Planning Commission. """'' Mr. Smith said as the representative of the Samuel Miller District he was in favor of the ALBEMARLE COUNTY PLANNING COMMISSION-JUNE 26,2012 5 DRAFT PARTIAL MINUTES-SUBMITTED TO BOS SDP-2012-000015 IVY FIRE STATION AT KIRTLEY WAREHOUSE-MINOR Nome **se request. He realized the slopes do not meet county standards. History has proven that what is there has worked. He even questioned the gentleman this morning from the University why they even applied because nobody ever applied before. He asked why they did not go ahead and start using it. Are they going to tell them that they can't do it? He said they can do it since it has been done before. He has been up and down the road many times and he supports the request. He moved for approval of the request. Mr. Franco said since the parking spaces are not required again there is not the same situation as a shopping center where there would be shopping carts and they would be worried about things getting away and hitting cars. He would be more comfortable at 10' so there was a little bit more room for doors to swing. However, he was out there today and was able to open his car door without any problem and close the car door on the other side as well. He tends to support the request again mainly because it is not a required set of parking. He would probably be more in favor if they could label it "employees only" so that it is something they know is going to be used just by the employees. He knows it is separated as far as an entrance goes, but he can support this. He seconded the motion. Mr. Morris noted that there was a motion and second for approval. He invited further discussion. Mr. Lafferty pointed out he was for the fire department having a place there. However, they are being asked to go against the recommendation of the engineering department and the recommendation of our own planning division. If it were a 7/11 could we do this? Mr. Loach said what he was hearing as the conflict was they actually have two divisions of government presenting conflicting views and opinions. One is from the engineering department saying this is a safety and health issue. The one that they just heard was that common sense should allow us to overcome that, which is the problem. It may be right that there have not been any accidents. The problem is, and perhaps he spends too much time in court, is that all they need is one accident. Then the other problems they have are suppose they have an accident that is blocking the egress of the fire trucks. The language in the report from the engineering department is the reason he could not support it. Mr. Randolph agreed with Mr. Loach. Mr. Dotson said he visited the site today and it seemed workable. However, he worried about the precedent if they waive a standard to this extent how do they say no to the next request. Mr. Morris agreed that was a good point. That really sums up his feelings. It seems that they should not be recommending to the Board of Supervisors something that goes so far beyond our standard at this particular time. He invited further discussion. Mr. Franco suggested that they better understand the concern about the accidents and blocking. They are adding a couple more spaces, but they are not changing the travel ALBEMARLE COUNTY PLANNING COMMISSION-JUNE 26,2012 6 DRAFT PARTIAL MINUTES-SUBMI 11ED TO BOS SDP-2012-000015 WY FIRE STATION AT KIRTLEY WAREHOUSE-MINOR N„„r, way. So there may be a little bit more activity there. In his mind as far as health and safety goes they already have people walking up and down that slope. Again, maybe they are adding some more people to that slope with the extra parking spaces. However, if the driveway in general is in this 12% to 13% range and people are parking at the bottom and walking up it he was not sure he sees a whole lot of difference of having a couple more spaces other than the fact that they would have a couple more opportunities to have problems there. Again, he goes with the fact that it has been sitting there and has been working. It is not really being required for the required parking spaces. They have the ability to control it with signage. It is on the opposite side of the building from the patient parking. He was not sure he sees the same consequence as a 7/11 where they might be asking for additional parking. Mr. Loach said that Mr. Franco may very well be right. If the language was not such in the report he would probably go along and may be use the common sense scenario as presented tonight. That said that is not the case that is before us now with the recommendation for denial from engineering. He questioned if the county wants to take the position that they will assume the increased liability because of this. That was the other thing; too, that he was not sure what he was hearing from the position of the county and the assumption of such liability. Not only as Mr. Dotson pointed out to us that we break precedent but if the language was such that it gave him some feeling that it has more of a grade but they don't see it as being problematic even though there is the potential. But, the language is fairly clear in the report. Mr. Smith said he had a question for staff. What happens if somebody parks there on the grass. Mr. Benish replied he was not sure he would park there given its existing condition there. That is someone's risk. Mr. Franco said he thought they would have to regrade the site to make it accessible because it is coming up from the back of pavement. It is not really going to work. Mr. Lafferty said it was mentioned before that the Volvo uses parking in there. In one of the photographs there is parking on both sides. He asked if there is any way to take the Volvo parking and have it serve the purpose. Ms. Purtsezova replied she was not sure whether Volvo is inclined to do that. However, she did know there may be a shared parking agreement with the Korean Community Church, which is also listed as a minor request. However, it was recently withdrawn, but the project is still in process. Mr. Benish noted that they were not aware of the arrangement. As far as staff can tell the county has never approved those sites. In the LTECH site plan it did recognize that existing travel way, Kirtley Lane, and the spaces on it. There was never an actual approval of those. What arrangement that have been made with Volvo and the other property owners is probably a private agreement. So he does not know if that is possible or not. ALBEMARLE COUNTY PLANNING COMMISSION-JUNE 26,2012 7 DRAFT PARTIAL MINUTES-SUBMI LIED TO BOS SDP-2012-000015 IVY FIRE STATION AT KIRTLEY WAREHOUSE-MINOR err+ No le Mr. Franco said there was one other thing that puts it in context for him. When he was on site he had his wife drive him over there. When he opened the passenger side and his wife opened the driver's side he asked her what she thought about it. Her comment was that it was not nearly as bad as some of the spaces downtown in the parking lots. An example is where they have the farmer's market and things like that. So these spaces exist in places and for the limited number that it is it helped him feel more comfortable. Mr. Randolph pointed out that this is the county and not the city. Mr. Morris asked that the role be called. Restated Motion: Mr. Franco moved and Mr. Smith seconded to recommend approval of the parking space grade waiver associated with SDP-2012-015 Ivy Fire Station at Kirtley Warehouse. The motion failed by a vote of 2:5. (Franco, Smith voted aye) (Lafferty, Loach, Morris, Dotson and Randolph voted nay.) Mr. Lafferty voted nay because of the recommendation of the engineering department. Mr. Kamptner pointed out that the Commission actually needs to take another motion because to make the recommendation they need something affirmative to go on to the Board. Motion: Mr. Dotson moved and Mr. Loach seconded to recommend denial of the parking space grade waiver associated with SDP-2012-015 Ivy Fire Station at Kirtley Warehouse based on the staff report recommendation. The motion passed by a vote of 5:2. (Franco, Smith voted nay) Mr. Morris noted that a recommendation for denial of the parking space grade waiver associated with SDP-2012-015 Ivy Fire Station at Kirtley Warehouse will be forwarded to the Board of Supervisors to be heard on July 11th Return to exec summary Nod ALBEMARLE COUNTY PLANNING COMMISSION-JUNE 26,2012 8 DRAFT PARTIAL MINUTES-SUBMI 11 ED TO BOS SDP-2012-000015 IVY FIRE STATION AT KIRTLEY WAREHOUSE-MINOR