HomeMy WebLinkAboutSP200800058 Legacy Document 2009-04-22COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: SP 2008 -58 JR Harris Garage —
Staff: Joan McDowell,
Amendment and Critical Slopes Waiver
Principal Planner Rural Areas
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
May 5, 2009
June 10, 2009
Owner/s.- Thomas and Theresa Harris
Applicant: Thomas and Theresa Harris
Acreage: 3.23 acres (total)
Special Use Permit: Zoning Ordinance
.60 acres designated for special use permit
Section 10.2.2 (37) Public Garage
TMP: 008000000035AO
Existing Toning and By -right use: Rural Areas
Location: 6929 Markwood Road, approximately
- agricultural, forestal, and fishery uses;
one -half mile north of Davis Shop Road
residential density (0.5 unitlacre in development
lots)
Magisterial District: White Hall
Conditions or Proffers: Yes
RA (Rural Areas) X
Requested # of Dwelling Units: NIA
Proposal: amend SP 01-49 to allow an expansion
Comprehensive Plan Designation:
of the auto repair garage
(Rural Areas 1) Rural Areas — preserve and
protect agricultural, forestal, open space, and
natural, historic and scenic resources/ density
( .5 unit/ acre in development lots)
Character of Property: mixture of residential
Use of Surrounding Properties: residential,
and auto repair garage
agricultural, and forestal
Factors Favorable:
Factors Unfavorable:
1. The public garage is an existing operation
1. The garage, if conditions are not
that provides a service to the surrounding
implemented, compromises the character
community.
of the Rural Areas district.
2. The applicant has made improvements to
the garage and the parking area.
3. The use is consistent with the Rural Area,
if all impacts of this use are mitigated.
RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions.
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Petition:
PROJECT: SP200800058 Harris Garage
PROPOSED: Amend SP 00 -49 Thomas Harris Garage to allow an expansion of a public garage on approximately
a .60 -acre portion of a 3.23 -acre parcel
ZONING CATEGORY /GENERAL USAGE: RA Rural Areas - agricultural, forestal, and fishery uses; residential
density (0.5 unit/acre in development lots)
SECTION: 10.2.2 (37) Public Garage
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural, forestal,
open space, and natural, historic and scenic resources/ density (.5 unit/ acre in development lots)
ENTRANCE CORRIDOR: No
LOCATION: 6929 Markwood Road, approx. one -half mile north of Davis Shop Road
TAX MAP /PARCEL: 008000000035AO
MAGISTERIAL DISTRICT: White Hall
Character of the Area:
Located approximately one -mile south of Greene County, this area consists of a mixture of residences, agricultural
uses, and wooded areas. Beaverdam Creek is located on an adjacent property to the east, at a lower elevation than
the garage.
Specifies of the Proposal:
In 2002, a special use permit for a public garage (SP 2001 -49) was approved with conditions that had been framed
to bring an existing non - conforming garage into conformity with the zoning ordinance and to alleviate several
zoning and building violations. With this application, the applicant has requested an amendment to the special use
permit in order to expand the garage facilities. The chart below summarizes the existing and proposed facilities in
three categories:
l) garage facilities approved with SP 2001 -49;
2) garage facilities that have been constructed without approval of an amendment to SP 2001 -49 with one
exception: a building expansion that was administratively approved by the Zoning Division, as it was determined
that it would not be an expansion of the approved public garage (Attachment B). With the exception of this
building expansion, the remaining improvements are zoning violations (Attachment C); and
3) items that have been requested with SP 2008 -58 that have not been implemented.
SP 2001 -49 — APPROVED
EXISTING FACILITIES
ADDITIONAL CHANGES
PROPOSED WI SP 2008 -58
PROPOSED WI SP 2008 -58
1,936 sq.ft. metal building for a
1,496 sq.R. block building
16' X 30' Storage building
public garage containing 3 bays
expansion with 1 bay (to contain
existing outside car lift) and storage
was administratively approved
10 parking spaces (outside)
5 additional parking spaces (outside)
Designate area for special use permit
— 15 total
to separate it from the residential
portion of the property
1 outside car lift (moved inside to
1 new outside car lift
new building expansion)
Gravel parking and access
Paved parking and access
Trash dum stet (front)
Relocated trash dum stet (rear)
Paint mixing building
Carport — two car spaces
Carport — three cars aces
In addition, an approximately a.60 acre portion of the property has been designated for the public garage use. The
remaining property contains a residence and accessory buildings for the residence. Additional information
regarding this separation of the garage use and the residential use is discussed in the Staff Comment section of this
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report.
Planning and Zoning History:
• The SP 01 -49 staff report includes the history of a garage on this property (Attachment D, pages 2 -3).
• SP 01-49 was approved by the Board of Supervisors on February 13, 2002.
• Currently there are Toning Violations on the property (Attachment C)
• The applicant received building permits (residential) for two carports, but when it was determined that these
carports were part of the public garage operation and not the residence, the applicant was notified that the
permits were voided and that commercial permits would be required, subject to approval of an amendment to
the special use permit.
Conformity with the Comprehensive Plan:
The property is located within the Rural Areas land use designation of the Comprehensive Plan.
While the Rural Areas section of the Comprehensive Plan does not specifically mention public garages, it does
caution that the size and intensity of rural alternative uses should be limited so that they do not conflict with the
character of the Rural Areas. A Guiding Principle aims to address the needs of existing rural residents without
fostering growth and further suburbanization of the Rural Areas. The expansion of an existing garage to serve the
surrounding community would not appear to conflict with goals and policies of the Comprehensive Plan, if the
garage expansion is careful to retain the rural character of the area. Therefore, a condition of approval (Condition
8) is offered to require additional landscape screening between both Markwood Road and the garage facilities and
to contain the garage uses within a specific area of the property.
STAFF COMMENT:
As described in SP 2001 -49 staff report (Attachment D), there is a history of zoning and building violations related
to this use. The applicant had been operating the garage at a scale greater than staff could recommend for approval
without conditions needed to bring the operation into scale and intensity for a use to be consistent with rural area
policies. This history together with the current violations again raises questions concerning the scale and intensity
of this use and the applicant's non - compliance with the conditions of the existing special use permit. In discussions
during the review of this application, it became apparent that a part of the problem may have resulted from the
unusual number of vehicles owned by the applicant's family (15 vehicles currently) parked on the property. In
addition, even though an expansion to the garage was administratively approved to allow inside storage of
materials, the applicant has continued to store items outside on the garage site. In seeking a solution, the
applicant's engineer believes that a separation of the business from the residential use may direct customer and
private parking to different areas of the property. With this separation, the area inside that part of the property
subject to the special use permit for a public garage (special use permit boundary) would contain vehicles waiting
for repair, for pick up, and in the paint drying process. All vehicles owned by the family would be parked outside
the special use permit boundary. Occasional minor repairs that would allow the vehicle to be started in order to be
moved into the garage for further repairs would be permitted outside. All other vehicle repair, painting and
assembly related to the public garage would be restricted to the inside of the garage. Signage along the driveway at
the public garage area entrance would indicate where customers may park their vehicles and where the parking is
for private use only. The existing restriction on outdoor storage (Condition 5) would continue and the outdoor
storage of materials currently taking place outside would be placed inside a new 480 square foot storage building.
A comparison of this use and other public garage uses in the Rural Areas is included as reference (Attachment H).
Only one garage, the Earlysville Service Center, which is currently under review, is larger.
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance:
31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of
Supervisors that such use will not be of substantial detriment to adjacent property,
The garage facilities are within sight of the adjacent properties on the north and south. In seasons that deciduous
trees have shed their leaves, the landscape buffer between the garage and the adjacent property to the north is not
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sufficient to screen the garage area. In addition, the existing landscape buffer between the garage area and
Markwood Road is not sufficient to screen the garage from the road. In order to mitigate the visual impacts of a
public garage from existing residences, staff has recommended a condition to require additional landscape
screening (Condition 8) from the street. A condition of the critical slope waiver would require landscaping
between the rear of the garage and the adjacent property to the north.
As the separation of the public garage from the private residential area of this property would result in the family
vehicles being parked along the driveway in front of the garage in a highly visible area from the street, A condition
of approval to require landscape screening in the area between the road and the private parking area is also
recommended. Attachment F shows the locations of the recommended (Condition 8) landscaping buffers.
that the character of the district will not be changed thereby and
Dense landscape screening between the public garage, the garage parking area, and the family parking area would
shield the garage and vehicles from public view, protect the general character of the district. An additional storage
building would provide space for inside storage.
that such use will be in harmony with the purpose and intent of this ordinance,
The purpose and intent of the Rural Areas zoning is to preserve agricultural and forestal lands and activities, to
protect the water supply, to limit service to rural areas, and to conserve the natural, scenic, and historic resources of
the County. Although this use does not preserve these resources, public garages are allowed by special use permit
in the Rural Areas. Conditions of approval are intended to keep the scale and intensity of the garage in conformity
with the character of the Rural Areas.
with uses permitted by right in the district,
The proposed expansion of the public garage would not interfere with the uses permitted by right in the Rural
Areas district.
with the additional regulations provided in section 5.0 of this ordinance,
No regulations for a public garage are in Section 5.0 of the "Zoning Ordinance.
and with the public health, safety and general welfare.
As required by SP 2001 -49, the driveway was re- located in order to provide adequate sight distance. The Virginia
Department of Transportation has not recommended any additional changes to the entrance, with this application.
The Fire Department has indicated that they routinely conduct yearly inspections of these types of businesses. The
Department of Environmental Quality has not recommended any additional requirements.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. The public garage is an existing operation that provides a service to the surrounding community.
2. The applicant has made improvements to the garage and the parking area.
3. The use is consistent with the Rural Area, if all impacts of this use are mitigated.
Staff has identified the following factor unfavorable to this application:
1. The garage, if conditions are not implemented, compromises the character of the Rural Areas district.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of SP2008 -58 ]R Harris Garage
Amendment, subject to the following conditions of approval. (The conditions approved with SP 2001 -49 have
been have been copied below and amended, as needed.)
Ceuftty either- a ske plait or- an appliention for- a site plan waiver- fmd Shflll Obtaift PFeliMilMy Sitej�kffi
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approval er- approval efs site p1m waiven Wa pfelim-nary site p! i I I 1� whhin one (1) monih of
that approval the pefmit4ee shall submit fOF EIPPFeVal the final site plan. 1fa final site plan is net appreved
within sirc (6) months after the date of the pipeli-m-riaFy site plan was appmved, the ptiblie gafage use shall
Development of the use shalt be in accord with the conceptual plan titled "Amended Site Plan Harris'
Garage ", prepared by DW Enterprises, and dated March 16, 2009 (hereinafter, the "Conceptual Plan'), as
determined by the Director of Planning _and_ the Zoning Administrator. To be in accord with the plan,
development shall reflect the following major elements within the development essential to the design of
the development:
• The area desianated. for the special use (public garage)
• The size height and location of the proposed buildings (16' X 30' /maximum 24' high):
• The size, height and location of the existing_ buildings /structures (original garage — 1,936 square feet/24
feet high/3 vehicle bays; garage expansion — 1,496 square feet/24 feet high /I vehicle bay; enclosed
compressor room; paint mixing room; one outside lift; one dumpster pad/fence enclosure, 3 parking
spaces carport: 2 parking spaces carport);
• The number [maximum 15 spaces public garage) and location of the vehicle oarking spaces:
■ The two (2) signage locations at the entrance to the special use permit area. The signs shall state. "All
vehicles beyond this point must be placed in a marked parking space" and be a maximum of four (4)
sa uare feet.
■ The sign location at the area designated as "Parking for Private Vehicles." The sign shall state,
"Parking for only personal vehicles of the Harris Family" and be a maximum of four [44 square feet.
f0em the Virginia Depa4ment of Env:Fenmental Quality (DEQ) for- staring ail, Fediater- fluid emd othe
ehemFea's asseeiated with the pubhe garage. Storage shall eenfenn to all requiremems of DEQ. The
4.Wiihin three (3) months fbilewing appFeval of this speeial use pefmit, the pefmittee shall either femeve-ef
deme'M efte of the dwelling units on the prepeFty, or eenvert it Fie that it is no longeF a dwell ing un i
al! Fules and regulations imposed by DEQ. if a FOM 7 application as not submioed or- if the peFmWee fa
;
6-.3. Gasoline sales are prohibited;
-7-.3. The sale or rental of vehicles or other motorized equipment is prohibited;
$-0. All repairing or equipping of vehicles shall take place inside the existing garage, with the exception of
vehicles being repaired on the vehicle lift located adjacent to the garage;
9:5. The outdoor storage of parts, equipment, machinery and junk is prohibited;
6. Only personal vehicles may be parked in the area marked "parking for personal vehicles" on the
Conceptual Plan. No more than fifteen (15) vehicles associated with the public garage use shall be located
outside the garage. All vehicles associated with the public garage use shall be parked in the spaces shown
as "for garage only" on the Conceptual Plan. Any vehicles parked outside the area marked "parking for
personal vehicles" shall be considered to be associated with the public garage and are counted in the fifteen
05) vehicle maximum.
9.Ne mere than a total ef ten (10) vehieles of the publie givage eustemefs; and the -veh ieles of the owner- of
painted; (e) are having or will haVe b6d)'WeFk PeFfffffied oft them; or- (d) efe having or will have thei
;
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lleakh Depeftment appFaval efthe septie system. The septie system shall eamply with Health
1 !.Within three (3) men4hs felleming the appmval of this speeial use peFmit, the peFmioee shall ObtaiR wrioen
EfigifteeFing Depai4ment apprevai of the waste disposal and eelleefion methods;
44.7. The hours of operation shall be �'vv vetwe°e not exceed (earlier or later) 8 A.M. and 8 P.M., Monday through
Saturday. These hours of operation do not prohibit customers from dropping off vehicles before 8 A.M. on
the days of operation; ad
4". Within three (3) months following approval of the site plan or site plan waivcr, the permittee shall install
and thereafter maintain a minimum twenty (20) -foot deep landscape evergreen- screening buffer te- shield
between the Ygew a the garage € em-an-d garage parking and Markwood Road;
and between the areas designated as parking for personal vehicles and Markwood Road. The 90fee0kig
buff-eF Shall be located iR the approximate area labeled "gmvel " and between the building and the
" The spaeing and fflatefia's used in the
This landscape screening shall supplement
existing landscape approved with SP 2001 -49 and consist of Eastern Red Cedar or other material approved
by the Planning Director, a minimum 4feet high at planting, and planted in staggered rows with a
maximum often (10) feet on center spacing between the landscape materials._ The permittee shall also
submit a landscape plan with the site plan application that will be subject to the approval of the Planning
Director or the Planning Director's designee; and
9. All outdoor lighting shall be only full cut -off fixtures and shielded to reflect light away from all abutting
properties. A lighting plan (for new lighting) limiting light levels at all property lines to no greater than
0.3 foot candles shall be submitted to the Zoning Administrator or their designee for approval.
CRITICAL SLOPE WAIVER
The applicant has also applied for critical slope waivers for disturbances that already have been made on two areas
of the property: generally between the garage and the adjacent neighbor on the north and between the garage and
the Seaver Dam Creek on the east (Attachment F'). The engineering analysis of the request follows:
Description of critical slope area and proposed disturbance:
The two areas of critical slope disturbance consisted of a large wooded slope leading down to the stream on the
rear, eastern property line, and a steep wooded slope behind the building on the northern property line. The
applicant has already disturbed these areas in violation of the ordinance and existing special use permit plans. The
applicant is proposing to stabilize the northern slope behind the building with seed and a small wall at the toe, and
to leave the eastern slope as -is.
Areas
Acres
Total site
3.23 acre parcel
Critical slopes
0.37
12% of site
1
Critical slopes disturbed
0.3
81 % of critical slopes
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative
locations:
This disturbance is not exempt.
Compliance with Zoning Ordinance 18 -4.2:
"movement of soil and rock"
The slopes have not been properly constructed. They are slightly steeper than 2:1 in places, which is not
inherently stable for most soils in Albemarle. The slope in back of the building is an exposed cut. The slope
down to the creek is slightly convex, with exposed boulders and debris, and a light covering of new grass. It
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does not appear to have been properly compacted. The northeast corner is loose fill with rubble and exposed
rebar placed amid the trunks of small trees, which will likely die.
"excessive stormwater runoff'
Stormwater runoff has been increased in these areas with steeper slopes than original, less vegetation, and more
impervious area behind the building.
"siltation"
Most siltation has already taken place. Long -term stability may be an issue.
"loss of aesthetic resource"
This area is visible from the surrounding properties.
"septic effluent"
This does not appear to be an issue, but the applicant has provided no information on this topic.
RECOMMENDATION:
Considering the disturbance has already taken place and, based on the review above, staff recommends the
following conditions to grant a waiver:
1. The eastern facing slope above the creak must be reshaped to a uniform grade not steeper than 2H:1 V,
covered with erosion control matting, and permanently seeded.
2. The retaining wall proposed in the rear of the garage building must be at least 3' high, and topsoil, matting,
and permanent seed or mulch and shrubs must be applied to the cut slope for adequate stabilization.
3. To provide stormwater management and replenish the buffer, the entire buffer area within the property
should be planted in accordance with the Chesapeake Bay Riparian Buffers Modification and Mitigation
Guidance Manual no later than three (3) months following the approval of this critical slopes waiver. (The
applicant is referred to the Restoration Establishment Tables in Appendix D, calling for canopy trees at 6'
centers, understory trees at 4' centers, and shrubs at 18" centers.) These shall be bonded as a guarantee of
survival for a minimum of 5 years.
ATTACHMENTS
Attachment A — Conceptual Plan
Attachment B — Zoning Determination for Building Expansion
Attachment C — Notice of Violation
Attachment D — SP 2001 -49 Staff Report 1 Update
Attachment E — Board of Supervisors Approval Letter SP 2001 -49
Attachment F — Proposed Landscape Screening 1 Critical Slope Disturbance Areas
Attachment G — Site Photographs
Attachment H — RA Public Garage Comparisons
Attachment I — Application Location Map
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'f e
GENERAL NOTES (2009)
Site Development Data
1, Site Plan required to document exiating conditions-
Original General Construction Notes:
2. Spacial use permit 2001 -049, approved rebruary 13, 2002, has been issued for this site.
SITE DATA: Tax Mop 8 Parcel 35A
3- No lightingq ie proposed-
Dad Book: 1203, P. 513, p, 515 Plot
SE H<XS:
Front: 75 ft
'thin
4- Storage d ail, mdiotor fluid, and other chemicals approved by DEq and to be kept
inside of o building building is proposed far this use and slurp a of
9- 9 9 parts.
Acreage: 3.23 vv-
Side-. 25 F!.
Rear: 35 [t.
1. The site is riot near a atercourse or ¢ rcserviar watershed,
2. Thd site is not within 1 p0 —yyeeaor flood plain limits.
5. two carports, approved by She County m 2007, have been added since the apprayal in 2002.
LOCATION;
3. The Ioeotion of ..isGng uGliliea across the line of proposed work are not necessarily
Them car arts on used to rk vehicles under and out of direct sunk nl at std es of aint re tion-
p pa g g p p pare
8929 Markwoaa Road, Ecreye lle
EXISTING CONOInaNS:
shown an the pions and where shown re only ppprorrmateky correct- The contractor
6- A critical slaps oral is required for an are' lnat hors been eroded since
7-
white Hon District
mgr
Ca ona Dwel,i
shall an his own before commencing work,
heats an underground limp and shat
rom2.
An area for the public garoge octiviliea has been defined and is separoly from
For for
Abemvrle, Y rgi nio
mi
He agrees to be fully responsible for any and oil damages that .9ht be occasioned by his
fully
the area designated the rpidence- Signs public garoge k personal parking
one shown.
OWNER:
BL"LDIHG 115E:
aaroge (3,432 sq. H- aparek.]
Ioilum to exactly locate and preserve any and all underground Quay.
i. The contrector aM1oll be reaponaihle for notifying "Mina lllility' [1 —600- 552 - 7001].
4IM_M_1ap6
Thomas H- 1t Theresa G. Herres
5. the acronym VDOT refers to the Virginio Department of Tronapaftotion-
6929 Morke —al Read
$VLOING HEIGHT-
6. All materiala and construction methods shall conform to current VDOT Rao, and Bridge
Earfysr'lle, Va. 22936
Max. 24 ft-
Specifio'liana nd Slondorda.
973 -267$
7- Erpaion and ailtgtion control m.oaufea shall be provided is accordance with the approved
No- al Fjnployees: 5 erasion control plan and must be inatallad prior to any claoririg, grading or other Construction.
ZONING: RA 6. NI Glop% pnd dlsturbed aloes are to be fertilFred. seeded and mulched. Maximum allowable
Perking Required and Provided:
fill el'pe is 2:1- Wnare reasonably obtained, leaser slopes of 4:1 or better are to be achieved,
BUSINESS,
Harris'
1 PS per employee: 5
2 PS 10
9- Pored or Rip Rvp lined ditch may be required to stobiYzed a droin'q6 thinner when, in
Geroge
Pr Day ono /or Life:
Total P5: 15
the apini¢n of the Director of Enginaaring or his daaignee. it is daamed nece -fom-
10. All traffic the signs shall cGdarm with the the vi'q'ia Manual for it,liar- traffic Control
APPROVALS
Albemarle County Department
of Planning and Community Development
Albemarle County Deportment of Zoning
j �
Vehicle trips per flay
S employees a 2 veh. rrlpa + 16 "h, trips
Ysitars i x 2 eh. trips S veh, lripa
Total veh. Trips w 18 veh. trips
s I tlae Acreage! gel 3,432 aq. Tt-
Total ores of garp9v: 28,C4S W. Ft. (a.6D ac.)
Original SP Conditions
1, The public garage use is rim"tee to repairng and equipping vehicles unless Condition 8 is satisfied and
body work and ven�cre painting .a permitted. In trial caea, re pv�nn and equipping vehicles shall be the
pnmvey uses, pno body work and vehicle pointing shall be conducted only as aeeessory uses;
2, the permittee shall past and maintain a bond or other farm of security, subject to the oppro.ol of the
County Attomey. in the amount of ten thousand derom ( =10,DOQ) to address any violation of Ins uniform
building elactncar, fine prevenlion or plumbing codes or the Zoning Ordinance on the property- The County,
mcl M1g its officers, employees and agents, shop, have the autharily to enter the property and abate or
remove the violation(.] after thirty {3D} d'ya fallowing the 3muonoe date of o wrslten Notice of violation, using
funds From the a«uri y to pay for the wet of ahalerttent;
3- Within threw (3) months Following apprani of this sMial use permit, the pamnittee shall apply lot a
commercial entrance that vets 16rg,nie Department of Transportation (VDOT) specircotions, including all
specifications Far aighl distance. In 'veer to aotia }y the specifications For sign[ distance, vDDT vy requ•re
a sight easement on the adjacent property to the north to accwnmadate the e,ocatian of the driveway ]n
the subject property the tamrn.rcim .,[ranee snap be campeted to the satisfaction of VDOT within
three (3) monSna Following approval of [he site plan or site plan waiver;
4. Within one i1] month fdlvwin9 approval of this special use permit, t1, permittee shall auama to the County
either c site an ar on opplicoban !or o site pion woiver and shall ¢bt¢m pne,iminory sate plan appraral ar
approval of o ate pion ver. IF a prclimirgry Bile plan is approves, within one [1) month of that approval the
O�emlittee a11vP submit for vppraral the final silo plan- K a na1 site plan is not approved rtiShin Sir (6] months
ter [he Bate [he preliminary site plan was approved, the public garage use sha,1 carom until a final tit'- plop iS
approved;
5. Within three (31 months }dlowing vpprp'rpl W this special use W.A. the perm+lI" chair upp,y for gopraval
from the Virginia Department of E*rvironmantal Quality IOEa] for storing oil, radiator fluid and other aharricals
associated with the public garage. Storage shall conform to all requirements of DEC- The Chemicals shall be
stared under a shelter xith overhead coverage;
6- Within three (3} anths following approval of this special use permit, the pemtitte& shall obtain Vile;
approval from the County De purl meat a} Fire and Rearere of me a to Contain accidental or �ncidentp, spins
from storage drums or con[ainera one a spill wn[ainment system.
an
7. Within three (3) months following approval of this special use permit, the permitter shall either remare ar
demolish and of the swelling units on the propertyy. or convert it so theI. i! is no larger o dwelling unit within the
meaning of the Zoning Ordinance, as determined by the Zoning Adminiatrotor;
S. Within one (1) month }allawin9 approve, aT foie Special use permit, the permil[ee shall submit to the DEO
a Form 7 application for on air penmttrng determination !or the point operation- The permittee anal, comply
with all rules and mqulations imposed by DEC. IF a Form 7 application is not submitted or if She permittee fails
to compy with all ruin and ngWation. imposed by DEq. body work and spray painting vehicles ie prohibited:
9. Gasoline sales are prohr'Eited
10. The sale or rental aF vehicles or other motorized equipment is prohibited:
1.1 NI repairing or equipping f vehicles shall lake place inside the existing garage,
ith the ereep ,an o} vehicles being repaired on the vehicle lift located adjacent
to the garage;
12. The outdoor Storage of parts, equipment, mocTli —y end junk is prohibited;
13- No more than tatal of ten (10) ehic,es ossocioted with the public .¢raga uea
she 11 be located oute7da any enclosed 9tracture- All venic pas associated with the
public ar¢ge use ahWl be parked only in the grovel parking one¢ shown ¢n the
plan lit�ed P o1 -49 Narria Corse ancept Plan, which re mode o port of these
pontlilione. vehicles ossociaketl ith the public garage use include. but arc not
limited to, the ve11i¢led of the pudic games custamera; and the r hides of the
owner or occupant of the property ar airy other person, the[: [a) ore irwperabty
vehicles within the -coning of Section 3.1 of the Zoning Ordinance; (b) are being
or will be repaired, equipppped, restored, refurbished, or p6Med; (c) ore having or
will have bogy walk perfofined as them; or [d] are boring or ill have their parts
or equipment rarnoved, to be used in the repair or equippng of other vehicles or
to be sold;
14, Within to tee (3) months folfaw;nq approval of this apecinl use permit, She
permit tae shall obtain written Fire 0 ciar approval of the garoge operation;
15- Within three (3) months fallowing the approval of this special use permit, the
permitte< shoal allply for Health De part- en[ aPpreral of lne septic system- the
septic system shall compiy with Nevlth Department requirements:
16- Within three (3) months following approval of [hie special use pemlit, the
permittee snail obtain written Engineer ng Department approval of the wosta
disposal and collection metlwds;
17, The hours of operation shall be between 5 A.M. and a P.M. Monday through
Saturday. These hours of operation do hat �rwioil customere fmm dropping off
Vonicles before 6 AM. as the days of operation; and
16. Within three (3) months following approval of the site plan or site FVan airer, the
permitlee shell inaloll and tnlrepf[er maintain o minimum twenty (20) —rout deep-
Ion
dacppe evergreen— screening buffer to shield the view of the garage from
adjacent properties and Markwood Road. the screening buffer shall be I¢tated
n the opproximote prep lapelgd g
—al porking, pnd be
twaen the building and
the slrael, as aM1awn on the 9d W1 -49 Harris Garage Caacept Plan-, R
spacing grid materiala used i the landscape buffer shoal be approved by the
Planning Director, the permlttee shall also submit a Iend.cape plan with the site
plan application,
erground 1pe installation must comply with OSHA Standards
try [29CFR Part 1926T.
tank and drdnfidpd. colic lank shall not be located in tforeleay
necessary-
Proposed Changes (2009)
13. No more Limn a total of fifteen (15) vehicles associated with the public g¢ age use
.hall be ,'Gated outaide any end.,ed structure. A,I vehioaa ossoeioted with the
public ga-9. use shalt be parked ;n the asphalt parking spaces Mi own on this
Amended Sta plan- 'Vehicles asaacioted with the Public garage use include, but ors not
limited to, the vehicles of the public garage custarnem; and !na vehicles of the
owner or Gccupnnl of the property, or any other person, Shat: [[o) Ora being
ar will be repaired, equipper, restored, re ufbiahe6 or p¢t"Id
(bl arc boring or
will have body work pert ad on them; 'r {C) are hating .r wit �f hays their parts
a equipmen! removed, to be used in the repair or equipping of other venial ea or
to be sold,
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ATTACHMENT A
N34 47'43"E I
30 ft. Prescriptive 50.38'
Easement
N33 11'15 "E
48.99'
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97.77'
New Easement for � f
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(May 2002)
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May 2002
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' 4 rus callery4n4 8radfvrd °
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/,0 o 1 - Story
, �e in o mrked�pa_rkin9 space.` t0-a
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' Irking / Metal Bldi
1 Area Pe Fl / ° Mo., 24 ft- hig
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Pad I �r�r�ys• urocerosus}
qtr OW� V 0 All 5 ft
N70 06'51
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Totol 2b Shr 0 Aft or
W fl
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Telephone kdre�o JM J cref
Padesto! Sh oro
)e6 p rcge Shed ❑ A,
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600 9 4429'
TMP 8 -35A
Lot B
Dennis Harris
3.17 ac.
Zoned: RA
Use: Residential
Peaked
Proposed 15 Parking Spaces on
the Outside of the Main Building
Parcel X
(Added to TMP 8 -35A
in May 2002)
TMP 8 —39B 1
Dallas G. & Barbara J. Lawson
3.41 ac.
Zcned: RA
Use: Residential
Note: Approx mote location of critical
slope area to be stabilized.
'4n4P9_
d
_ Gas Li� Ent
18' x 12' Concrete Pad
gJ .yam Q'40— 1/ Gas Tank
N
620 R o
�ory —Crd4pVS '+
ft. hig 1"2 ��p rox'mate location
ft. hi h t1�� J
196 sq f r ` �qf c�tla /.BlOpe area.
fff o Mixing Brain J 7r� ^ 600
L Stream
.ar"'°d _ L` �L� ��� / '�r /(Beaverdam 7rih.)
S36 08'22 "W
®r �```� 1 171.9 1 '
11 Loblolly Pine Trees
2s ®!� 4.5 f[. tall ® planting
15 ft. c —c
P, TMP s '� ESL TMP 8
—40
Albright & Hazel Morris
Zoned: RA
r ' Use: Residential
S51 09'00 "E
19.18'
NE
L
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N34 58'33 "E
j
27.00'
0
t^
N5 31'00 "W
151.85'
C`
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y
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Qeecidluou�r�es
� Sign_
_ "ParTnn for only personal
_ Vehicles V!tl Harris Family,"
1 0
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50.79' I ' 0 ke 32 Nwo fl Id a _S fSp
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' 4 rus callery4n4 8radfvrd °
❑ DW / 25 ft. C —�.
N 2 6 3 6' 0 " 6 "E � oak ❑ Bush ' r• Two signs e �m
51 .75 ' ❑ WI hicles �yand this paint must be �\
/,0 o 1 - Story
, �e in o mrked�pa_rkin9 space.` t0-a
❑ Frame do •� ary 'ric N23 3 05 4 „E ' ' 'ght ❑ Owell ngl , Puy Cd GamgL� _
3 Be.
' Irking / Metal Bldi
1 Area Pe Fl / ° Mo., 24 ft- hig
Conc. Tree 2 Rows Schip Laurel rox, 1936 Rq
Pad I �r�r�ys• urocerosus}
qtr OW� V 0 All 5 ft
N70 06'51
25.00'
i
'om
1 �
0.5 mi. to Flt. 671
Totol 2b Shr 0 Aft or
W fl
� ❑r1 aF
Telephone kdre�o JM J cref
Padesto! Sh oro
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Q C�r�ye
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• �, � 9 6 �,,��e a �
I 6 �/ tiery�e R- ❑ Fa e �iEch
6 rDf41 P ? Sie��
600 9 4429'
TMP 8 -35A
Lot B
Dennis Harris
3.17 ac.
Zoned: RA
Use: Residential
Peaked
Proposed 15 Parking Spaces on
the Outside of the Main Building
Parcel X
(Added to TMP 8 -35A
in May 2002)
TMP 8 —39B 1
Dallas G. & Barbara J. Lawson
3.41 ac.
Zcned: RA
Use: Residential
Note: Approx mote location of critical
slope area to be stabilized.
'4n4P9_
d
_ Gas Li� Ent
18' x 12' Concrete Pad
gJ .yam Q'40— 1/ Gas Tank
N
620 R o
�ory —Crd4pVS '+
ft. hig 1"2 ��p rox'mate location
ft. hi h t1�� J
196 sq f r ` �qf c�tla /.BlOpe area.
fff o Mixing Brain J 7r� ^ 600
L Stream
.ar"'°d _ L` �L� ��� / '�r /(Beaverdam 7rih.)
S36 08'22 "W
®r �```� 1 171.9 1 '
11 Loblolly Pine Trees
2s ®!� 4.5 f[. tall ® planting
15 ft. c —c
P, TMP s '� ESL TMP 8
—40
Albright & Hazel Morris
Zoned: RA
r ' Use: Residential
March ?6,2"
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John She herd
From:
David Wyant
Sent:
Wednesday, May 05, 2004 11:52 PM
To:
John Shepherd
Cc:
Amelia McCulley
Subject:
RE: Harris Garage SP- 2001 -49
I'll discuss your ruling with JR and let you know his thoughts and plans. i think it is a good solution to this situation. If
everything is OK, then I will change the building permit and site plan.
Thanks,
David Wyant
- - - -- Original Message---- -
From: John Shepherd
Sent: Wednesday, May 05, 2004 8:26 PM
To: David Wyant
Cc: Amelia McCulley
Subject: Harris Garage 5P- 2001 -49
David,
Amelia and I have read your recent email and discussed this further. We have concluded that the plan for the
addition can be approved on the condition that it only contain one garage door wide enough to accommodate a
vehicle. Here is our rationale:
The special permit has two applicable conditions:
11. All repairing or equipping of vehicles shall take place inside the existing garage, with the exception of
vehicles being repaired on the vehicle lift located adjacent to the garage;
12. The outdoor storage of parts, equipment, machinery and junk is prohibited,
The building plan for the addition to the garage clearly shows a space that could be used as a two bay garage.
One bay contains the lift. Both bays are equal in size, both have garage doors and both have centered ceiling
lights. While the bay next to the lift can certainly be used for storage, it could also be used as a service bay for
vehicle repair.
It remains our opinion that the special permit condition #11 allows the sift to be enclosed but does not allow the
construction of the additional bay as it is shown on the building permit application. An additional service bay would
constitute an expansion of the use that is permitted by SP- 2001 -49. Such an expansion would require an
amendment of the SP.
However, upon further reflection, we have concluded that the building permit for the proposed structure could be
approved, in accord with the conditions of SP- 2001 -49, if it was served by only one garage door. That would limit
its use to one repair bay and a storage area. A standard 3-0" door could serve the storage area. Again, this
revision must be shown on the building permit plan as well as the site development plan.
We hope this approach is seen to meet Mr. Harris's storage needs. I would be glad to discuss this further.
John
296 -5832 x 3023
ATTACHMENT B
I
I
COUNTY OF ALBEMARLE
Community Development Department
401 McIntire Road
Charlottesville, Virginia 22902 -4596 '
FAX (434) 9724126 TELEPHONE (434) 296.5832 TTD (434) 972 -4612
NOTICE OF OFFICIAL DETERMINATION OF VIOLATION
The Date this Notice of Determination is given is August 29, 2008. No: VIO -2008 -150
CERTIFIED MAIL # 7007 2580 0002 87312090
Thomas H. Jr. or Theresa Harris
6929 Markwood Road
Earlysvilie, VA 22935
Property: 00800- 00- 00 -035AO Same As Above
Tax Map and Parcel Number Owner of Record
Zoning: Rural Area [RA] District
Dear Mr. & Mrs. Harris,
This notice is to inform you that the above described property is in violation of the Albemarle County
Zoning Ordinance. This conclusion is based on the fact that a Code Enforcement Of uer visited the listed
property on July 15, 2008 and July 23, 2008 and found that the following conditions existed:
I The following circumstances on the parcel are not in compliance with the stated conditions of the
approved Special Use Permit SP 2001- 049/T•homas Harris, Tax Map 8 Parcel 35A:
A. Automobiles are being repaired outside the garage; a violation of Condition #11.
A There are materials, vehicle parts, equipment and junk outside: a violation of Condition #12.
C. There are 14 — 25 vehicles located outside the enclosed structure and a new parking area is
being installed: both are violations of Condition #13.
11. The following circumstances on the parcel are not in compliance with (are not shown oil) the
approved site plan dated 611212004:
A.' The paving of the parking area,
B. The addition of the paved parking area directly adjacent to the garage,
C The relocation of the dumpster, and
R The addition of two (2) carport structures.
111. Dirt, rock, asphalt laid concrete has been filled (on the eastern part of the parcel in the location of
the exterior vehicle lift) on critical slopes (slopes of-25% or greater) witlhout approval of a waiver.
ATTACHMENT C
I
f
1
i
s
VIO- 2008 -150 Page 2 August 29, 2008
The described use or structure did not exist prior to the zoning ordinance(s) it violates. Therefore, it
cannot be considered a legal, but non- conforming use or structure. Your use and /or structure have
been determined to violate the following section(s) of the Zoning Ordinance:
31.2.4.3 SPECIAL USE PERMIT CONDITIONS
32.2 SITE PLAN WHEN REQUIRED
361 VIOLATIONS - GENERALLY
4.2 CRITICAL SLOPES
This letter also serves to notify you to stop the activity or use outlined above immediately. Failure to
comply with this notice will result in legal action being taken against you and any other owner or tenant.
In addition, you must bring the property into compliance by September 29, 2008 to avoid court action.
Compliance past this date does not preclude the County from pursuing legal action.
In accordance with Section 15.2 -2311 of the Code of Virginia, you may appeal this finding if you disagree
with this determination. An appeal must be made within thirty (30) days of the date this notice is given.
If you do not file a timely appeal, this determination shall be final. An appeal application must be
completed and filed with the Zoning Administrator and the Board of Zoning Appeals. A one time
processing fee of $120 must accompany the appeal application.
If you have any questions, please contact Lisa Green, Code Enforcement Officer, at 434 - 296 -5832
0013.
%J.'h �XIYIOA1.
Amelia McCulley, .I.C.P.
Zoning Administrator
County of Albemarle
Cc: Reading File VIO- 2008 -150
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
SP 01 -49 Thomas Harris Garage
Joan D. McDowell
December 18, 2001
January 16, 2002
Applicant's Proposal: The applicant has requested a special use permit to
be allowed to continue operating a public garage (vehicle repair shop) in a
corrugated metal building to the rear of his residence. The three -bay garage
has been in operation since 1989. The garage was issued a written Notice of
Violation by the Zoning Department for both building code and zoning
violations in 1995 (see background section below for additional
information). After several years of Board of Zoning Appeals hearings and
court hearings, the applicant agreed to submit an application for a special use
permit for a public garage.
The requested hours of operation are from 9 A.M. to 8 P.M. Monday
through Saturday. The applicant has also requested that the special use
permit allow two employees. The number of vehicles parked outside was
twenty -five on staff's initial site visit. The applicant stated that typically the
amount of cars parked outside might be a little less than twenty -five. He
stated that he owns several of the cars. The property is located at 6929
Markwood Road (Route 664).
Petitions: Request for special use permit to allow a public garage (auto
repair shop) in accordance with Section 10.2.2.37 of the Zoning Ordinance.
The property, described as Tax Map 08 Parcel 35A, contains 3.17 acres.
The garage and parking area covers one -half acre of the property. The
property is located in the White Hall Magisterial District at 6929 Markwood
Road approximately one -half mile north of Davis Shop Road. The property
is zoned RA, Rural Areas District. The Comprehensive Plan designates this
property as Rural Area.
Character of the Area: A mixture of residential and agricultural uses
characterizes the area. Beaverdam Creek is located to the rear of the
property, at a lower elevation. A garage that was in active use until two or
three years ago, according to the applicant, is located on an adjacent
property owned by the applicant's brother. The applicant's brother, Dennis
SP0149 Harris Garage.doc
04/15/09
ATTACHMENT D
Harris, does not have an active business license for a garage on the property
at 6919 Markwood Road.
Planning and Zoning History:
(Summary provided by the Zoning Department)
• 1962 - The Harris family moved to the property. We have been told that Mr. Harris
Sr. opened a public garage close to this time, or by 1966. Repair work on vehicles
was done from a garage and shed in the rear of the property. This is not the same
area or Mr. Harris, Jr., (the applicant of SP 01 -49) are currently using the same
structure (garage) as.
• 1989 - the County issued a building permit for a "pole shed." This is the subject
garage. Since this date, there has been a business license for a garage on this
property.
• December 1990 - Thomas Harris, Sr. died.
• February 10, 1992 - The County signed the plat dividing what had been Thomas
Harris Sr.'s, parcel 35A into two parcels, lot A (the subject property) and lot B.
• April 25, 1994 - The County issued a building permit for an addition to the garage.
This was for a 14 ft. x 47 -ft. addition to the enclosed pole shed built in 1989. The
construction had been done prior to approval of a permit. (No certificate of
occupancy has been issued for this building addition. This is one of the charges of
violation.)
• June 7, 1995 - Mr. Harris was notified by Jesse Hurt, Building Official, that "this
commercial garage is in violation of the building code and also the County Zoning
Ordinance."
• October 2, 1995 - The first written official determination of zoning violation (V95-
128) for this garage use.
• October 4, 1995 - Mr. Harris was again notified by Jesse Hurt, Building Official, that
the commercial garage was a violation and that he must cease this operation.
• November 6, 1995 - Mr. Harris appealed the determination of violation.
• November 6, 1996 - the Board of Zoning Appeals affirmed the Zoning
Administrator's decision that Mr. Harris' expanded operation of a commercial garage
into a structure built post - ordinance is a violation without approval of a special
permit.
• This BZA decision was appealed to Circuit Court.
• December 27, 1996 - letter from Greg Kamptner, Assistant County Attorney, to
Charles Haugh, Attorney for Appellant, confirming that the BZA did not need to file
a responsive pleading. The case was continued to allow Mr. Harris to pursue a
special permit for the public garage.
• February 13, 1998 - letter from Amelia G. McCulley, Zoning Administrator to
Thomas or Theresa Harris, offering assistance to obtain zoning compliance.
• June 14, 2000 - the Albemarle County Zoning Ordinance relating to Section 6 "Non -
conformities," was comprehensively amended.
SP0149 Harris Garage.doc 2
04/15/09
• March 5, 2001 - The Zoning office received a citizen's complaint that Mr. Harris was
running a business out of the garage, painting cars, etc.
• March 7, 2001 — Issuance of the official determination of violation letter that is
hereby appealed.
• April 6, 2001 — Harris appeals determination of zoning violation. The zoning appeal
stays further proceedings against the zoning violation. Appeal 2001 — 002 was
scheduled for the Board of Zoning Appeals for June 5, 2001. It has not been heard
but has been deferred numerous times, to allow the applicant to apply for special
permit approval. On October 2 °d, the BZA deferred it until the December 41" meeting.
• December 4, 2001 — The Board of Zoning Appeals upheld the Zoning Notice of
Violation.
This property has been cited in violation several times through the years.
This special use permit could resolve /abate the existing violations.
Currently there are three establishments on the property: the residence of
Mr. and Mrs. Thomas Harris; a dwelling which has been a rental unit in the
past but is currently used for storage; and the 3 -bay garage. The garage is
being operated without a special use permit in violation of Section 10.2.2.37.
In addition, Section 4.1.3 requires a minimum lot of 60,000 square feet per
commercial or industrial establishment or per dwelling unit as the case may
be. Therefore, to have three existing uses, the parcel would have to be a
minimum of 180,000 square feet or 4.13 acres. Since the parcel is only 3.17
acres, Mr. Harris has agreed that if SP 01 -49 is approved, he will physically
convert the rental unit so that it will no longer meet the definition of a
dwelling unit.
Zoning and planning staff met with the applicant's attorney on November
13, 2001, to discuss the application. Photographs taken by staff on October
26, 2001, showing twenty -five vehicles, a tractor - trailer, car parts, drums,
pipes, two RV's, and other materials being stored outside were shown to the
attorney (photos included as Attachment B). He stated that he would advise
his client to remove the vehicles not being repaired, the tractor - trailer, and
materials being stored outside.
On November 27, staff received a call from Glen Branham, the special use
permit application contact person, requesting information regarding what
items would need to be removed. Staff explained that the County was
concerned with the preservation of the Rural Area character and with the
integrity of the neighborhood.
SP0149 Harris Garage.doc 3
04/15/09
When the applicant was contacted on the morning of November 28, he stated
that nothing had been removed from the site. The Zoning Administrator and
project planner visited the site on the afternoon of November 28. At that
time, several cars were parked next to the garage. According to the
applicant, with the exception of two cars, the applicant owned all the
vehicles. In addition, six cars and several storage drums had been moved to
a site at a lower elevation on the rear of the property near Beaverdam Creek.
The applicant advised that they were to be removed on the following
weekend. The tractor - trailer, waste oil drums, one personally owned RV,
along with pipe and car parts had not been removed. Photographs are
included as Attachment C.
On December 6, staff made another site visit to ascertain cleanup progress.
The tractor - trailer had been removed, but twenty vehicles were parked
outside. In addition, pallets of brick had been moved from an area next to the
garage to a clearing next to Beaverdam Creek. In that same area, used tires
were being stored. One of the tires was in the creek. Photographs are
included as Attachment D.
Comprehensive Plan: The property is located within the Rural Area land
use designation of the Comprehensive Plan. The analysis of previous,
similar applications have identified three considerations for Rural Area
special use permits: 1) uses which are directly supportive of
agriculture /forestry, the Comprehensive Plan's highest priority land uses; 2)
uses which are supportive of tourist economy, such as gift, craft and antique
shops; and 3) uses which provide basic support services to the rural area,
such as country stores, day care, and public garages.
According to the applicant, the closest similar business is about seven miles
away. He has stated that this garage provides a support service to the Rural
Area.
Although the proposed garage would provide a service to the residents of the
Rural Area, the past operation of this business, as evidenced by the
photographs in the attachments, as well as existing outstanding zoning and
building violations, has raised concerns. Without eliminating zoning and
building violations and compliance with the conditions of approval, the
garage would not be compatible with the either character of the Rural Area
or of the surrounding community.
SP0149 Harris Garage.doc 4
04/15/09
Conditions of approval are offered for consideration that would mitigate
negative impacts of this business on the Rural Area and the adjacent
properties.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of Section
31.2.4.1 of the zoning ordinance and does not recommend approval until all
zoning and building violations not addressed by this special use permit are
eliminated. With the elimination of these violations, staff does not
recommend approval of the scale of the operation that has existed on the site
or the scale desired by the applicant. However, staff can recommend
approval of a lessor operation with appropriate conditions.
STAFF COMMENT:
Staff will address each provision of Section 31.2.4.1 of the Zoning
Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue
all special use permits permitted hereunder. Special use permits for
uses as provided in this ordinance may be issued upon a finding by the
Board of Supervisors that such use will not be of substantial detriment
to adjacent property.
With proper maintenance and with appropriate restrictions and conditions,
this operation could be run in a manner that would not be inconsistent with
the character of the area. However, there is history that raises questions as
to the ability of the applicant to maintain this business in a manner that
would not conflict with the character of the rural area or the adjacent
neighborhood.
that the character of the district will not be changed thereby,
As the garage is unshielded from view of the street, a condition of approval
requiring minimum of ten -foot landscape screening border between the area
of operation and the street would be recommended. In addition, conditions
are offered to restrict outside storage of vehicles and materials, to protect the
character of the district.
SP0149 Harris Garage. doc 5
04/15/09
and that such use will be in harmony with the purpose and intent of this
ordinance,
The site is located in the Rural Areas District. A public garage is permitted
as a use by special use, provided that impacts can be mitigated through
conditions of approval, in recognition of the need to provide limited services
in the Rural Area. This approach is reflective of the intent of the zoning
ordinance as stated in Section 1.4.3, "to facilitate the creation of a
convenient, attractive, and harmonious community." This request would
provide convenient garage service to the surrounding community, as no
other similar garage is located within seven miles, according to the
applicant. However, the property contains zoning violations that are not in
harmony with the intent of the ordinance.
In researching other similar special use permits for public garages in the
Rural Area, conditions have been approved that limit the scale of operation,
including the hours of operation; the number of vehicles allowed outside the
building — from two to four; no bodywork or spray painting; number of
employees; no outside storage; and all work conducted within the building.
with the uses permitted by right in the district,
The proposed use would not interfere with the uses permitted by right in the
district.
with additional regulations provided in Section 5.0 of this ordinance,
No regulations are found in Section 5.0 of the Zoning Ordinance.
and with the public health, safety and general welfare.
The Department of Transportation and County Engineering Department
have advised that sight distance will be required at the entrance. A condition
of approval has been offered to address these comments. In addition,
approval of the storage methods for waste materials will require approval
from the Department of Environmental Quality, as well as the County
Engineering Department. A storage shelter would be required to be
constructed over the waste oil drums. The applicant has indicated that he
would place the tailpipes within the storage. Also, all storage of materials
will be required to be removed from the flood plain.
SP0149 Harris Garage.doe 6
04/15/09
SUMMARY:
A. Staff has identified the following factors favorable to this application:
1. The use would provide a service to the surrounding community.
B. Staff has identified the following factors unfavorable to this application:
1. This use is consistent with the Rural Area, provided that all impacts of
this use can be mitigated.
2. The garage operation, if operated as it has been, compromises the
character of the Rural Area district, visually, environmentally, and
with its traffic impact.
RECOMMENDED ACTION:
Based on the findings contained in this staff report and the existing
conditions on the property, staff does not recommend approval of SP 01 -49.
However, if the use is operated in compliance with the Zoning Ordinance
and the following conditions, staff could recommend approval of a lower
scale, less intense operation than requested by the applicant, as conditioned
below:
1. A commercial entrance that meets Virginia Department of
Transportation (VDOT) specification shall be required. VDOT
specifications for sight distance shall be required. A sight easement for
relocation of the driveway may be required on the adjacent property
north of the subject property, in order to meet the required sight distance.
2. A site plan or approval of a site plan waiver application shall be
required.
3. The Virginia Department of Environmental Quality (DEQ) requires
storage of oil, radiator fluid and other chemicals associated with the
requested special use permit to be stored under a shelter with overhead
coverage. DEQ approval of the storage of chemicals shall be required.
4. A means to contain accidental /incidental spills from storage
drums /containers and a spill containment system shall require
Engineering Department approval.
SP0149 Harris Garage.doc 7
04/15/09
5. Within 90 days of the Board of Supervisor's action on this application,
one of the dwelling units on the property shall be converted so that it
does not meet the definition of a dwelling unit.
6. No body work or spray painting of vehicles shall be permitted. This use
is limited to repairing and equipping vehicles.
7. No gasoline sales shall be permitted.
8. No sale or rental of vehicles shall be permitted.
9. All repair or equipping of vehicles shall take place inside the existing
garage, with the exception of vehicles being repaired on the vehicle lift
located adjacent to the garage.
10. No outside storage of parts, including junk parts or inoperable (with the
exception of vehicles waiting repair or waiting to be picked up, as
described in condition number eleven) or unlicensed vehicles shall be
permitted. All outdoor storage existing on the date of the approval of
this permit shall comply with this condition within 30 days of the Board
of Supervisor's approval of this special use permit.
11. With the exception of one vehicle located on the vehicle lift adjacent to
the garage, no more than a total of five vehicles waiting repair or waiting
to be picked up by the owner following repair shall be located outside
the existing building in the gravel parking area noted on the plan titled,
SP 01 -49 Harris Garage Concept Plan" in Attachment A.
12. The Fire Official approval of the garage operation shall be required.
13. Health Department approval of the septic system shall be required.
14. The Engineering Department approval of the waste disposal and
collection methods shall be required.
15. Hours of operation shall be limited to 9 A.M. to 8 P.M. Monday through
Saturday.
16. The existing garage may be used and occupied only after the County has
issued a Certificate of Occupancy and zoning clearance for the intended
use.
17. A minimum 10 -foot wide landscape evergreen- screening buffer shall be
installed to shield view of the garage from adjacent properties and
Markwood Road, in the approximate area labeled gravel parking and
between the building and the street. The location and materials used in
the landscape buffer shall meet the requirements of Section 32.7.9.8a of
the Zoning Ordinance. A landscape plan shall be required for submittal
with the site plan application.
18. All outside storage of materials shall be removed from the flood plain no
later than 30 days of the Board of Supervisors approval of this special
use permit.
SP0149 Harris Garage.doc 8
04/15/09
SP 01 -49 Attachments:
A SP 01 -49 Thomas Harris Garage Application with Concept Plan
B Photographs Taken October 26, 2001
C Photographs Taken November 28, 2001
D Photographs Taken December 6, 2001
E Site Exhibits: tax map, topographic map, and aerial photograph
SP0149 Harris Garage.doc 9
04/15/09
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
SP 01 -49 Thomas Harris Garage
UPDATE:
Joan D. McDowell
January 15, 2002
February 13, 2002
In consideration of recommended condition number seven, in the January
15, 2002, executive summary, concerning the elimination of the body and
paint portion of the operation, the Planning Commission requested that staff
research mitigation measures for environmental impacts of the use. The
following information has been obtained from the Virginia Department of
Environmental Quality:
Automobile and light duty truck coating application systems are exempt
from the requirements of 9VAC5- 80 -10:
a. Any coating application system if it is within a plant that has an
uncontrolled emission rate of not more than seven tons per year, 40
pounds per day and eight pounds per hour.
b. Any vehicle refinishing operation.
2. Although this proposed paint operation appears to be exempt from air
quality regulations, for an official determination by DEQ, an application
for an air quality review (Form 7) can be required by the Board of
Supervisors. The submittal of a Form 7 would generate a visit the site
by a DEQ inspector for a determination of the environmental impacts of
this operation.
Thus, the following substitute condition of approval (number seven) would
require that the applicant comply with any applicable regulations should the
Board approve the paint and body operation.
7. Submit to the Virginia Department of Environmental Quality
(DEQ) a Form 7 application for an air permitting determination
for the paint operation within one month of the approval of SP
01 -49. The applicant shall comply with all rules and
SP 01 -49 Harris Auto
04/15/09
regulations imposed by DEQ.
1
COUNTY OF ALBENIARLE
Department of Planning & Community Development
401 McIntire Road, Room 213
Charlottesville, Virginia 22902 -4596
(434) 296 - 5323
Fax (434) 972 - 4012
February 26, 2002
Glenn Branham
1511 Melbourne Road
Charlottesville, VA 22901
RE: SP- 2001 -049 Thomas Harris; Tax Map 8, Parcel 35A
Dear Mr. Branham:
The Albemarle County Board of Supervisors, at its meeting on February 13, 2002, unanimously approved
the above -noted request. Please note that this approval is subject to the following conditions:
1. The public garage use is limited to repairing and equipping vehicles unless Condition 8 is
satisfied and body work and vehicle painting is permitted. In that case, repairing and equipping
vehicles shall be the primary uses, and body work and vehicle painting shall be conducted only
as accessory uses;
2. The permittee shall post and maintain a bond or other form of security, subject to the approval of
the County Attorney, in the amount of ten thousand dollars ($10,000) to address any violation of
the uniform building, electrical, fire prevention or plumbing codes or the Zoning Ordinance on the
property. The County, including its officers, employees and agents, shall have the authority to
enter the property and abate or remove the violation(s) after thirty (30) days following the
issuance date of a written Notice of Violation, using funds from the security to pay for the cost of
abatement;
3. Within three (3) months following approval of this special use permit, the permittee shall apply for
a commercial entrance that meets Virginia Department of Transportation (VDOT) specifications,
including all specifications for sight distance. In order to satisfy the specifications for sight
distance, VDOT may require a sight easement on the adjacent property to the north to
accommodate the relocation of the driveway on the subject property. The commercial entrance
shall be completed to the satisfaction of VDOT within three (3) months following approval of the
site plan or site plan waiver;
4. Within one (1) month following approval of this special use permit, the permittee shall submit to
the County either a site plan or an application for a site plan waiver and shall obtain preliminary
site plan approval or approval of a site plan waiver. If a preliminary site plan is approved, within
one (1) month of that approval the permittee shall submit for approval the final site plan. If a final
site plan is not approved within six (6) months after the date the preliminary site plan was
approved, the public garage use shall cease until a final site plan is approved;
5. Within three (3) months following approval of this special use permit, the permittee shall apply for .
approval from the Virginia Department of Environmental Quality (DEQ) for storing oil, radiator
fluid and other chemicals associated with the public garage. Storage shall conform to all
requirements of DEQ. The chemicals shall be stored under a shelter with overhead coverage.
,f
r ATTACHMENT E
Page 2
February 26, 2002
3. Within three (3) months following approval of this special use permit, the permittee shall obtain
written approval from the County Department of Fire and Rescue of a means to contain
accidental or incidental spills from storage drums or containers and a spill containment system;
7. Within three (3) months following approval of this special use permit, the permittee shall either
remove or demolish one of the dwelling units on the property, or convert it so that it is no longer a
dwelling unit within the meaning of the Zoning Ordinance, as determined by the Zoning
Administrator;
8, Within one (1) month following approval of this special use permit, the permittee shall submit to
the DEQ a Form 7 application for an air permitting determination for the paint operation. The
permittee shall comply with all rules and regulations imposed by DEQ. If a Form 7 application is
not submitted or if the permittee fails to comply with all rules and regulations imposed by DEQ,
body work and spray painting vehicles is prohibited;
9. Gasoline sales are prohibited;
10. The sale or rental of vehicles or other motorized equipment is prohibited;
11. All repairing or equipping of vehicles shall take place inside the existing garage, with the
exception of vehicles being repaired on the vehicle lift located adjacent to the garage,
12. The outdoor storage of parts, equipment, machinery and junk is prohibited;
13. No more than a total of ten (10) vehicles associated with the public garage use shall be located
outside any enclosed structure. All vehicles associated with the public garage use shall be
parked only in the gravel parking area shown on the plan titled "SP 01 -49 Harris Garage Concept
Plan," which is made a part of these conditions. "Vehicles associated with the public garage use"
include, but are not limited to, the vehicles of the public garage customers; and the vehicles of the
owner or occupant of the property, or any other person, that: (a) are inoperable vehicles within
the meaning of Section 3.1 of the Zoning Ordinance; (b) are being or will be repaired, equipped,
restored, refurbished, or painted; (c) are having or will have body work performed on them; or (d)
are having or will have their parts or equipment removed, to be used in the repair or equipping of
other vehicles or to be sold;
14. Within three (3) months following approval of this special use permit, the permittee shall obtain
written Fire Official approval of the garage operation;
15. Within three (3) months following the approval of this special use permit, the permittee shall apply
for Health Department approval.of the septic system. The septic system shall comply with Health
Department requirements;
16. Within three (3) months following approval of this special use permit, the permittee shall obtain
written Engineering Department approval of the waste disposal and collection methods;
17. The hours of operation shall be between 8 A.M. and 8 P.M., Monday through Saturday. These
hours of operation do not prohibit customers from dropping off vehicles before 8 A.M. on the days
of operation; and
18. Within three (3) months following approval of the site plan or site plan waiver, the permittee shall
install and thereafter maintain a minimum twenty (20) -foot deep landscape evergreen- screening
buffer to shield the view of the garage from adjacent properties and Markwood Road. The
screening buffer shall be located in the approximate area labeled "gravel parking," and between
the building and the street, as shown on the "SP 01 -49 Harris Garage Concept Plan." The
spacing and materials used in the landscape buffer shall be approved by the Planning Director.
The permittee shall also submit a landscape plan with the site plan application.
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COMPARISON OF RURAL AREAS PUBLIC GARAGE APPLICATIONS
SP 90 -13 George Hall (TM 101 -12C Rural Area) Denied
1. No paint or body work.
2. No more than 4 vehicles outside.
SP 90 -105 J.D. Catlett (TM 131 -39A) Denied
1. No paint or body work
2. No more than 4 vehicles outside.
SP 92 -008 Robert Frazier (TM 114 -48) Approved
1. No paint or body work.
2. No more than 2 vehicles outside (behind garage).
SP 94 -31 George Hall (TM 95 -12B1 (Rural Area) Approved
1. No paint or body work.
2. No more than 4 vehicles outside.
SP 96 -44 Buddy's Garage — expansion (TM 95 -12B1) Approved
1. No paint or body work.
2. No more than 6 vehicles outside
(applicant requested 8)
SP O1 -49 Harris Garage (TM 08 -35A) Approved
1. Paint and body work permitted
2. 3 -bay garage; 10 vehicles outside
SP 08 -58 Harris Garage (TM 08 -35A) PC 5/5/09
1. Amend SP for 2 carports, storage building
2. Total 4 bays, outside lift
3. 15 vehicle spaces outside
SP 08 -25 Earlysville Service Center (TM 31 -14) PC 5/19/09
1. Relocate garage on same lot into RA district
2. No paint
3. 12 bays
4. 42 vehicle spaces outside
ATTACHMENT H