HomeMy WebLinkAboutSDP200900057 Staff Report 2009-09-226-v ALa
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COUNTY OF ALBEMARLE
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: 008000000035A0 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 plant seedlings 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 1 2010.
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. None
are not available at this time of the
year.
RECOMMENDATION: Approval of the amendment/modification to the critical slopes waiver
condition to allow plant seedlings to be planted by April 1 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 plant seedlings 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 a modification to a condition of critical slope waiver approval that was
given during the Planning Commission's review of Special Use Permit (SP- 2008 - 00058). During their
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 shown below:
Based on the above condition of approval, the mitigation plantings were to be installed by September 9
2009. In the applicant's letter requesting reconsideration of this condition, it is stated that seedlings (an
option included in pages D -6 and D -7 of the Chesapeake Bay Riparian Buffers Manual [Attachment D]
are not available until late winter /early spring and, therefore, the deadline for mitigation installation
should be extended to April 1 2010. Engineering staff can confirm this claim regarding the availability
of seedlings. The Virginia Department of Forestry no longer sells seedlings on their website.
Additionally, engineering staff spoke with staff at a local nursery and landscape contracting company
who verified that seedlings are unavailable this time of year because success rates are extremely low
when planted during this period.
SDP 200900057
PC 9/22/09
Staff Report Page 2
The buffer manual mentions an alternative mitigation option that is much more viable at this time of
year. Rather than planting seedlings at a density of 1210 stems /acre, mitigation can be provided with
mature landscaping. With 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). However,
this mature planting option is considerably more expensive with a total cost close to $10,000 compared
to less than $500 for the seedling mitigation.
The mature planting option was considered by the Planning Commission during the June 9, 2009
meeting because there was reference to mature planting requirements in the Planner's staff report. The
reference to mature planting requirements was removed from the approval, indicating all parties
preferred the seedling option. 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 1 2010. 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
Iw aMIIIIMSOS
4686 Garth Road Crozet, Va. 22932
434) 823 -2815
July 27, 2009
Albemarle County Planning Commission
Albemarle County Office Building
401 McIntire Road
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 c part of that condition it required Mr. Harris to meet this
condition within three (3) months of the approval of the critical slope waiver. It
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.
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Edward H. Zimmer
Regional Forester
COMMONWEALTH of VIRGINIA
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
Mission: We Protect and Develop Healthy, Sustainable Forest Resources for Virginians.
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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: SP200800058 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);
D The size, height and location of the proposed buildings (16' X 30' /maximum 24' high);
D 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);
Li 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, "AN vehicles beyond this point must be placed in a marked parking space" and be a
maximum of four (4) square feet.
D 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;
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 SP 2001 -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 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 Slopes Waiver —
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. • a: ._
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 VA 22936
File
Appendix D: Vegetative Replacement Standards
RESTORATION / ESTABLISHMENT TABLE A
Definitions:
Canopy tree: a tree that reaches 35 feet in height or larger when mature
Understory tree: a tree that matures to a height of 12 feet to 35'
Large shrub: a shrub that reaches 10 feet of height or greater at maturity
Small shrub: a woody plant that can reach up to 10 feet of height at maturity
1 /4 acre or less of buffer
Up to 10,890 square feet or less
For every 400 square -foot unit (20'x20') or fraction thereofplant:
one (1) canopy tree @ 11/2" - 2" caliper or large evergreen @ 6'
two (2) understory trees 3/4" —1 1/2" caliper or evergreen @ 4'
or one (1) understory tree and two (2) large shrubs @ 3' -4'
three (3) small shrubs or woody groundcover @ 15" — 18"
Example:
A 100 -foot wide lot x 100 -foot wide buffer is 10,000 square feet.
Divide by 400 square feet (20'x20' unit) to get:
25 units
Units x plant/unit Number ofplants
25 units x 1 canopy tree 25 canopy trees
2 understory trees 50 understory trees
3 small shrubs 7.5 small shrubs
150 plants
Riparian Buffers Guidance Manual
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Appendix D - Vegetative Replacement Standards
RESTORATION / ESTABLISHMENT TABLE B
Greater than 1 /4 acre of buffer
More than 10,890 square feet
A. Plant at the same rate as for 'A acre or less.
B. The waterside 50% of the buffer (from the waterline inland for the first 50 feet):
For every 400 square -foot unit (20'x20') or fraction thereof plant:
one (1) canopy tree @ 11/2" - 2" caliper or large evergreen @ 6'
two (2) understory trees @ 3A" - 1 '/2" caliper or evergreen @ 4'
or one (1) understory tree and two (2) large shrubs @ 3' -4'
three (3) small shrubs or woody groundcover @ 15" — 18"
AND
The landward 50% of buffer (from 50 feet inland to 100 feet inland):
either plant
Bare root seedlings or whips at 1,210 stems per acre' , approximately 6'x6' on center
Minimum survival required after two growing seasons: 600 plants)
or
Container grown seedling tubes at 700 per acre approximately 8'x 8' on center (Mini-
mum survival required after two growing seasons: 490 plants)
C. If the applicant is willing to enter into a five year maintenance and performance guarantee:
100% of buffer planted with:
Bare root seedlings or whips at 1,210 per acre, approximately 6'x 6' on center (Minimum
survival required after two growing seasons: 600 plants)
or
Container grown seedling tubes at 700 per acre approximately 8'x 8' on center (Minimum
survival required after two growing seasons: 490 plants)
1 acre or more of buffer
With an evaluation from an arborist or forester or other professional, natural regeneration may
be an acceptable method of buffer establishment, however, a forestry management plan must be in place
prior to any vegetation being removed. A minimum of 35 feet next to the water must be left in forest and
protected prior to any vegetation being removed. If over 20 percent of the vegetation must be removed
for the health of the woodlot, within the 35 feet closest to the shoreline, vegetation must be reestablished
by seedling plantings at the rates above.
Palone, Roxanne S., and Al Todd, Chesapeake Bay riparian handbook: A guide for establishing and maintain-
ing riparian forest buffers. May 1977. p. 7 -20.
Riparian Buffers Guidance Manual
D -7