HomeMy WebLinkAboutSP201000042 Legacy Document 2012-01-19 (5)COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name:
Staff: Scott Clark, Senior Planner
SP201000042 David Brown Auto Detailing and
Repair
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
October 18, 2011
TBA
Owner: David M. Brown
Applicant: David M. Brown
Acreage: 2.23 acres
Special Use Permit: 10.2.2 (37) Public
garage
TMP: Tax Map 62 Parcel 76A1
Existing Zoning and By -right use:
Location: 599 Rocky Hollow Rd. (Rt. 769);
RA -- Rural Areas: agricultural, forestal, and
approximately two- thirds of a mile southeast of
fishery uses; residential density (0.5 unit /acre
the intersection with Stony Point Rd. (Rt. 20)
in development)
Magisterial District: Rivanna
Conditions: Yes
DA (Development Area):
Requested # of Dwelling Units: 0
RA (Rural Areas): X
Proposal: Special Use Permit for a
Comprehensive Plan Designation: Rural
public garage with auto detailing and
Areas - preserve and protect agricultural,
repair
forestal, open space, and natural, historic and
scenic resources/ density (0.5 unit/ acre)
Character of Property: Residential
Use of Surrounding Properties: Residential
properties and large farm parcels.
Factors Favorable:
Factors Unfavorable:
1. Similar public garages have been approved in
1. The impacts of this use could be
the past because they provide a useful service
to Rural Area residents.
detrimental to rural character and resources if
2. With the recommended conditions, which
not appropriately scaled and managed.
limit the scale of the use, the hours of
operation, the storage of vehicles, and other
related activities, the use would have limited
impact on adjacent properties.
3. Approval of the special use permit with
conditions would lead to mitigation of some
of the already- created impacts of this existing,
non - conforming use.
RECOMMENDATION: Staff recommends approval of this Special Use Permit with conditions.
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Petition:
PROJECT: SP 201000042 David Brown Auto Detailing and Repair
PROPOSED: Special Use Permit for a public garage with auto detailing and
repair
ZONING CATEGORY /GENERAL USAGE: Rural Areas (RA) - agricultural,
forestal and fishery uses
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 units / acre of development lots
ENTRANCE CORRIDOR: No
LOCATION: 599 Rocky Hollow Rd. (Rt. 769); east of Stony Point Rd. (Rt. 20)
TAX MAP /PARCEL: 062000000076AI
MAGISTERIAL DISTRICT: Rivanna
Character of the Area:
The property is located on the western side of the Southwest Mountains, in an
area characterized by a mix of large farm and groupings of small residential lots.
Specifics of the Proposal: Mr. Brown has been operating a public garage on his
property without the necessary special use permit. He is requesting to continue
operating the 3 -bay, 1,608- square -foot repair facility.
Planning & Zoning History:
VIO- 2011 -093: On June 4, 2011, Mr Brown was notified that his existing public
garage was not permitted by right in the Rural Areas zoning district, and was in
violation of the Zoning Ordinance. The current special use permit application is
intended to rectify this violation.
Conformity with the Comprehensive Plan: Comprehensive Plan designates the
subject properties as Rural Areas, emphasizing the preservation and protection of
agricultural, forestal, open space, and natural, historic and scenic resources as
land use options.
The Rural Area Plan calls for rural commercial uses that are appropriate scaled,
reversible after the use is finished, and minimal in their impacts and demands on
services. Public garages are more intense than the uses suggested in the Plan, but
are permitted by special use permit and have generally been approved by the
Board of Supervisors in the past due to their usefulness to Rural Area residents.
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STAFF COMMENT:
Staff addresses each provision of Section 31.6 of the Zoning Ordinance:
31.6.1 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,
Garage uses can create impacts to adjacent properties, including visual impacts,
noises, odor, and contaminated run -off if not managed properly. Staff
recommends conditions of approval that would limit the use's size and hours of
operation, prohibit long -term storage of vehicles and parts, and prohibit sales and
rental of vehicles, in order to minimize impacts on adjacent properties.
that the character of the district will not be changed thereby and
The overall character of the district is not expected to change as a result of this
use.
that such use will be in harmony with the purpose and intent of this ordinance,
This use does not directly support the farmland- and resource - protection goals of
the Rural Areas zoning district. However, it is located in a part of the Rural
Areas that has already been significantly converted to long -term residential uses
rather than productive uses or land conservation. If appropriately managed, the
use can provide a benefit to rural residents without undue impacts on its
immediate surroundings.
This site is approximately 3 miles from the Pantops Development Area.
with uses permitted by right in the district,
The use's most significant impacts on other permitted uses would be on nearby
residential uses. Limits on the scale and hours of the use in the recommended
conditions of approval are intended to minimize those impacts.
with the additional regulations provided in section 5.0 of this ordinance,
There are no additional regulations in Section 5.0 for this use.
and with the public health, safety and general welfare.
This nonconforming use was built within a stream buffer area required by the
Water Protection Ordinance. As the topography of the site makes it impractical
to relocate the use outside the stream buffer, staff recommends a condition of
approval requiring the planting of a twenty- foot -wide riparian buffer to protect
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the stream. The proposed conditions would also prohibit the further expansion of
the paved area of the site.
Auto repair facilities use lubricants and other compounds that can contaminate
soil and water if disposed of improperly. The recommended conditions below
would ensure that the use not operate without any necessary approvals from the
Virginia Department of Environmental Quality (the agency responsible for
pollution control in the state), and would prohibit uses that pose immediate or
long -term risks of contamination (gasoline sales and long -term storage of
vehicles and parts).
SUMMARV:
Staff has identified the following factors favorable to this application:
1. The use is similar to other public garage proposals that have been
approved in the past.
Staff has identified the following factors unfavorable to this application:
1. The use is more intense than most Rural Area commercial uses.
However, the County has approved similar uses in the past due to
their usefulness to Rural Area residents.
2. The nonconforming use was constructed within a stream buffer as
defined by the Water Protection Ordinance. In order to mitigate these
impacts, the recommended conditions of approval would require
planting and maintenance of a riparian buffer; would prohibit
expansion of the uses's area of disturbance; and would prohibit
certain uses that pose a risk of soil or water contamination.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval
of SP2010 -00042 David Brown Auto Detailing and Repair, with the following
conditions.
Development and use shall be in general accord with the conceptual plan titled "Site
Plan David Brown's Body Shop," prepared by David C. Wyant, Sr., and dated
October 27, 2011 (hereafter "Concept Plan "), as determined by the Director of
Planning and the Zoning Administrator. To be in general accord with the Concept
Plan, development and use shall reflect the following major elements within the
development essential to the design of the development, as shown on the Concept
Plan:
limits of disturbance
location and size of buildings and structures
location of parking areas
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extent of paving
environmental features, including the stream and steep slopes on the site
The Zoning Administrator may approve minor modifications to the plan which do
not conflict with the elements above may be made to ensure compliance with the
Zoning Ordinance.
2. The hours of operation for the public garage shall not begin earlier than 7:30 a.m.
and shall end not later than 6:00 p.m., each day, Monday through Saturday. The
public garage shall not operate on Sundays.
3. Compliance with the Virginia State Department of Health regarding water supply
and septic system shall be verified by the Health Department prior to issuance of a
zoning clearance and the commencement of the special use.
4. All outdoor lighting shall be only full cut -off fixtures and shall be shielded to reflect
light away from all abutting properties. A lighting plan 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 prior to issuance of a zoning clearance.
5. The following activities are prohibited anywhere on the site:
a. Gasoline sales
b. Installation and/or use of a paint booth
c. Sale or rental of vehicles or other motorized equipment
d. Storage of vehicles on the site for longer than 30 days
e. Outdoor storage of inoperative vehicles, parts, equipment, machinery, and/or
junk
6. All detailing and/or repairing of vehicles shall take place inside the existing garage.
7. The impervious surface, including any impervious paving, on the site shall not be
expanded beyond its extent on the date of this application. (November 15, 2010).
8. The permittee shall install and thereafter maintain a minimum twenty (20) -foot deep
landscaped buffer adjacent to the stream. This planting shall use native tree and
shrub species listed in Appendix A of the Riparian Buffers Modification &
Mitigation Guidance Manual, published by the Virginia Department of
Conservation and Recreation and/or the brochure Native Plants for Conservation,
Restoration, and Landscaping, published by the Virginia Department of
Conservation and Recreation. Trees and shrubs shall be planted at the densities
specified in Appendix D, Table A of the Riparian Buffers Modification &
Mitigation Guidance Manual, published by the Virginia Department of
Conservation and Recreation. Landscaping shall be installed prior to issuance of a
zoning clearance. No vehicles may be parked or other business or earth- moving
activities shall take place within this buffer.
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9. Parking of vehicles associated with the public garage shall take place only in the
parking spaces depicted on the Concept Plan.
10. There shall be no more than three (3) vehicles awaiting repair or waiting to be
picked up after repair parked outside the garage at any one time.
11. There shall be no employees other than family members who reside in the home on
the site associated with this use.
12. Approval from the Department of Environmental Quality, if required, shall be
required prior to issuance of the zoning clearance.
13. The use shall not lawfully commence until the Special Use Permit is approved and
all applicable conditions of approval have been met.
PLANNING COMMISSION MOTION:
A. Should a Planning Commissioner choose to recommend approval of this special use
permit:
Move to recommend approval of SP 2010 -00042 David Brown Auto Detailing
and Repair, subject to the conditions recommended by staff.
B. Should a Planning Commissioner choose to recommend denial of this special use
permit:
Move to recommend denial of SP 2010 -00034 SP 2010 -00042 David Brown
Auto Detailing and Repair. Should a commissioner motion to recommend
denial, he or she should state the reasons) for recommending denial.
ATTACHMENTS
Attachment A — Area Map
Attachment B — Site Map
Attachment C — Conceptual Plan
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