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HomeMy WebLinkAboutSDP200900057 Staff Report 2009-09-226-v ALa 19 tJ eft -P RG1 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. 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L'''',, o ,- ,- jE C ) ,, 1% ','?, E ° 4 t 1 . \ - - , c .,,-, , 0 / C ) • 0 ,, -- t 12 0 ) o_-- L D --,- 5- ..... l 0 „ vt i, - - 1; i - 52 (: 8 S, 1 r ; i I 1 ' . \ c 0,--) 3,-; 1 1 i 1- I r ,- __ O 4) ,_ 1 1 1 i— p 1 _.., ,-, ( / ci i A_ \\/(--/-, g ' L7' 1 1, - , i Q / 1 / 2 V ) o N -, i 1 0 c 1 •-- ' ' 0 i 2 - Lii 1 1 I 0 11) i C 1 L. r- z-. ''-- 1 rn • cpti u) 0I 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. otz r1L 0U Zip RGIN 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 D -6 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