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Home My WebLink AboutSDP200900057 Legacy Document 2009-09-15r,,1 COUNTY�OF AL"BEMARLE STAFF "REPORT SUMMARY .Project -Name: SDP.2009 -57 JR Harris Garage Staff: Gerald Gatobu, Principal Planner, Philip - Modification /amendment of Critical Slopes Custer Civil Engineer condition of approval. Planning Commission•Public Hearing: Board of Supervisors Public Hearing: September 22,2009 N/A Owner /s: Thomas and'Theresa Harris Applicant: Thomas and Theresa Harris Acreage: 3.23 acres (total) Special Use Permit: SP.2008 -58 TMP: 008000000035AO 'Existing: Zoning and By -right use: RA .Location: 6929 Markwood Road, Rural Areas approximately one -half mile north of Davis Shop Road Magisterial District: White Hall Conditions: Yes RA (Rural Areas) X Requested # of -Dwelling Units: N/A Proposal: Amend a critical slopes waiver Comprehensive Plan .Designation: condition of approval that requires the applicant Rural Areas in Rural Area -1 to :provide mitigation plantings in the stream buffer within three months of approval of the waiver. The amendment to the waiver condition will extend the period required for planting the seedlings in the buffer to April 1st2010. Character of Property: mixture of residential Use .of Surrounding "Properties: and auto repair garage residential, agricultural, and forestal :Factors ',Favorable: Factors Unfavorable: 1. Seedlings,to be planted in the buffer `1. TThe buffer will-not be planted-for 6 are not available at,this time of the months. _year. 'The seedling mitigation option appeared to be the direction the original approval gave to the applicant RECOMMENDATION: Approval of the amendment/modification to the critical slopes waiver condition to allow plant seedlings to be planted by April 1 st 2010. SDP 200900057 PC 9/22/09 Staff Report Page 1 STAFF PERSON: Gerald Gatobu- Planner, Philip Custer- Engineer PLANNING•COMMISSION: September .22,2009 AGENDA TITLE: SDP 2009 -057 Harris Garage — Site Plan Waiver APPLICANT: Thomas and Theresa Harris PROPERTY OWNER(S): Thomas and Theresa Harris APPLICANT'S PROPOSAL: Amend /modify a critical slopes waiver condition of approval for SP2008 -58 [Attachment C] that requires the applicant to provide mitigation planting in the stream buffer within three months of approval of the critical slopes waiver. The amendment to the waiver condition will extend the period -required for planting the seedlings in the buffer to April 1, 2010. _COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Areas [RA] in Rural Area 1. REASON FOR PLANNING�COMMISSION REVIEW: The applicant requested a reconsideration of a critical slopes waiver condition of approval granted by the Planning Commission on June 9,_2009 during the review of Special Use Permit (SP-2008-00058). [Attachment A] . ........:........ ...........................:. DISCUSSION The applicant has requested amodification to a condition of critical slope waiver approval that was given during the Planning Commission's review of the site's Special Use Permit (SP-2008-00058). Duringtheir June 9,-2009 meeting, the Planning Commission approved the critical slopes waiver for .Harris Garage with two conditions. The condition the applicant would like to modify is written below as it appeared in the approval letter written by the County Planner after the meeting: Cl provitle Stflr "n21VCTt£?r management and F "E ?�Jle72ZSlz the bZt fC?F ", the C,'YltlYu' %J2lfft'r area within t %2E' propC'.r y should be planted in accordance tivitlt the Chesapeake Bay, lei gay iar2 Buf P.r^s M6dification and .tlllitigation Guidance .ti!lanual no later" than three (3) rnonths,fbllowinLg the approval of the critical slopes waiver. ' " These shall he bonded as a guarantee of survival for• a minimum. of`5 years. The date that-the mitigation plantings were to be installed was September 9t" 2009. In the applicant's letter requesting-reconsideration of this condition, he stated that seedlings (one option included in pages D -6 and D =7 of the Chesapeake Bay Riparian Buffers Manual [Appendix D]) are-not available until late winter /early spring and, therefore, the deadline for mitigation installation should be extended to April 1 st. Engineering review has confirmed this claim regarding the availability of seedlings. The Virginia Department of Forestry is currently no longer selling seedlings on their website. Engineering review also spoke with someone at a local nursery and landscape contracting company who verified seedlings are unavailable this time of year because the success rates are extremely low when planted now. SDP 200900057 PC 9/22/09 Staff Report Page 2 However, it should be noted that the buffer manual describes another mitigation option that is much more viable at this-time of.year. Rather than planting seedlings at a density of 1210 stems /acre, mitigation could be provided with more mature landscaping. In this option, approximately 1 large tree (1 -1/2" caliber), .2 understory trees (3/4" caliber), and 3 shrubs (15" height) would be needed for every 400 sf ( -650 stems /acre). The mature planting option is considerably more expensive and is not the -preference of the applicant. An estimate for the total cost of the mature planting option is close to $10,000 compared-to less than $500 for seedling mitigation. In the staff report to-the Planning Commission for their June meeting, county staff had included in the critical slopes waiver condition a, sentence essentially directing the applicant to provide mitigation with the mature landscaping option. This sentence was explicitly removed when the waiver was approved which seems to indicate that the seedling option was the direction preferred by all parties: ,; , In this context, the modification to the critical slope waiver to extend the required time for the mitigation to be installed is reasonable and would seem to be a continuation of the county's position from the original critical slope waiver approval in June. Based on the above information, staff recommends approval of the request to extend the critical slopes waiver condition deadline to April 1,2010. RECOMMENDATION: Staff recommends the following amendment /modification to the critical slopes waiver condition: 1. 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 April 12010. These shall be bonded as _a guarantee of survival for a minimum of 5 years. SDP 200900057 PC 9/22/09 Staff Report Page 3 ATTACHMENTS Attachment A — Applicant's letter requesting reconsideration of the condition dated July 27 2009. Attachment B — Letter'from the Virginia Dept. of Forestry dated July 24 2009. Attachment C — Planning Commission action letter. Attachment D — Pages D-6 and D =7 of the-Chesapeake Bay Riparian Buffers Manual SDP 200900057 PC 9/22/09 Staff Report Page 4 4686 Garth Road ® Crozet, Va. 22932 (434) 823 -2815 July 27, 2009 Albemarle County Planning Commission Albemarle County Office Building 401 McIntire Load Charlottesville, Va. 22902 Re: Thomas H. Harris' Critical Slope Waiver Dear Members of the Planning Commission: On June 9, 2009 you approved the referenced critical slope waiver with two conditions. The second condition required Mr. Harris to plant in the stream buffer according -to the Chesapeake Bay Riparian Buffers Modification and Mitigation Guidance Manual. As a part of that condition it required Mr. Harris to meet this condition within three (3) months of the approval of the critical slope waiver_ .fit was discovered during the search for seedlings to plant in the buffer that at this time of the year seedlings are not available (see letter and brochure attached from Mr. Paul Stoneburner of the Virginia Department of Forestry). Mr. Harris would like to request that this conditions deadline be extended to -April =1, 2010 in order to ensure that seedlings are available. Your approval of this extension would be greatly appreciated. David Wyant, P.E. Attachment A U! Edward H. Zimmer Regional Forester ,� '8v�■ 0 No to 'RAI I DEPARTMENT OF FORESTRY 900 Natural Resources Drive Suite 800 Charlottesville, VA 22903 (434) 977 -5193 Fax: (434) 220 -9189 July 24, 2009 J. R. Harris 6929 Markwood Road Earlysville, Virginia 22936 Dear Mr. Harris: The Virginia Department of Forestry sells tree seedlings for reforestation to the landowners of the Commonwealth. Tree sales are currently closed and no seedlings are available for planting. We begin taking orders for seedlings in October and the seedlings are available for delivery and planting in late winter. Weather conditions control the availability of seedlings for delivery to landowners. Seedlings must be planted after the ground thaws in late winter and early spring. For the Central Virginia area this usually means the middle of February is the earliest time for planting. For best survival the seedlings must be planted between February 15 and April 1. The Virginia Department of Forestry can provide technical assistance for your reforestation project and planting bars are available for loan, free of charge to landowners. If I can be of further assistance on your project please feel free to contact me. Sincerely, Paul D. Stoneburner, Forestry Technician Virginia Department of Forestry 900 Natural Resources Drive Charlottesville, Virginia 22903 Cell 434 - 242 -2533 Attachment B Mission: We Protect and Develop Healthy, Sustainable Forest Resources for VirZ o$ U SJ �IRGIN1Q" COUNTY OF ALBEMARLE Department of Community.Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) -296 =5832 Fax (434) 972 -4126 May 18,2009 David C Wyant 4686 Garth Road Crozet VA.22932 RE: SP.200800058 Harris's Garage— Amendment -Tax Map 8, Parcel .35A Dear Mr. Wyant: The Albemarle County Planning Commission, at its meeting on May 5,2009, by a vote of 5:0, recommended approval of the above -noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: -1. Development of the use shall 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 designated for the special use (public garage); ❑ The size, height and location of the proposed buildings (16'X 30' /maximum 24' high); ❑ The size, height and location of the existing buildings /structures (original garage — .1,936 square feet/24 feet high /3 vehicle bays; garage expansion — 1,496 square feet/24-feet high /1 vehicle bay; enclosed compressor room; -paint mixing room; one outside lift; one dumpster pad /fence enclosure; 3 parking spaces carport;.2 parking spaces carport); ❑ The number (maximum spaces public garage) and location of the vehicle parking spaces; ❑ The two (2) signage locations at the entrance to the special use permit area. The signs shall .state, "All vehicles beyond this point must be placed in a marked parking space" and be .a maximum of four (4) square feet. ❑ The sign location at the area designated as "Parking for Private Vehicles." The sign shall state, "Parking for only personal vehicles of the Harris Family" and be a maximum of four (4) square feet. 2. Gasoline sales.are prohibited; 3. The sale or rental of vehicles or other-motorized equipment is prohibited; -4. All repairing or equipping of vehicles shall take place inside the existing garage, with the exception of vehicles being repaired on the vehicle lift located adjacent to the garage; 5. The outdoor storage of parts, equipment, machinery and junk is prohibited; 6. Only.personal vehicles may be parked in the area marked "parking for personal vehicles" on the Conceptual Plan. No more than fifteen (15) vehicles associated with the public garage use shall be located outside the garage. All vehicles associated with the public garage use shall be parked in the spaces shown as "for garage only" on the Conceptual Plan. Any vehicles parked outside the area marked "parking for personal vehicles" shall be considered to be associated with the public garage and are counted in the fifteen (15) vehicle maximum; . 7. The hours of operation shall not exceed (earlier or later) 8 A.M. and 8 P.M., Monday through Saturday. These hours of operation do not prohibit customers from dropping off vehicles before 8 A.M. on the days of operation; Attachment C 8. Within three (3) months following approval of the site plan or site plan waiver, the permittee shall install and thereafter maintain a minimum twenty (20) -foot deep landscape evergreen- screening buffer .between -the garage and garage parking and Markwood Road; and between the areas designated as parking for personal vehicles and Markwood Road.. This landscape screening shall supplement existing landscape approved with SP2001 -49 and consist of Eastern Red Cedar or other material approved by the Planning Director, a. minimum feet high at planting, and planted in staggered rows with a maximum of ten (10) feet on center spacing between the landscape materials. The permittee shall also submit a landscape plan with the site plan application that will be subject to the approval of the Planning Director or the Planning Director's designee; and 9. All outdoor lighting shall be onlyfull cut -off fixtures and shielded to reflect light awayfrom 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 Slopes Waiver— 1. The ea-steM faGiRg slope abeve the GFeak must be Feshaped te a LIR*fE)FM grade not steeper thaR .21=1•!V, r rl i with erosien GORtMimattiRg, and n _ eRtly 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. " These shall be bonded as a guarantee of survival for a minimum of 5 years. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on June 10, 2009. * *PLEASE NOTE.DUE TO AN ADVERTISEING .ERROR THIS PROJECT WILL HAVE A SECOND HEARING AT "THE PLANNING COMMISSION ON JUNE 9,.2009* If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434).296 -5832. Sincerely, Joan'McDowell Principal Planner Planning Division cc: Thomas &Theresa Harris 6929 Markwood Road Earlysville VA22936 File Attachment C Appendix: D: Vegetative Replacement Standards Riparian Buffers Guidance Manual D-6 - Attachment D Appendix D - Negetative Replacement Standards Riparian Buffers Guidance Manual Attachment D