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HomeMy WebLinkAboutZMA196800002 Application 1968-04-16No. Z %'iP_'> 02— Date Appil 16, ;1968 APPLICATION FOR REZONING ... TO THE PLANNING COMMISSION AND TOWN COUNCIL OF ALBEMARLE COUNTY, VIRGINIA I (we), the undersigned, do hereby respectfully make application and petition the Governing Body to amend the Zoning Ordinance and to change the Zoning Map of Albemarle County Section 59 — Parcels 16 & 16A as hereinafter re uested and in support of this application, the following facts are shown: The pr perty sought to be rezoned is located at the south side of U.S.Rt.250 W. 1.� miles east of IVY see plat attached) between Street and Street on the frontage of side of the street and known as lot (s) Number feet and a depth of feet. It has a Z. The property sought to be rezoned is owned by: The Teahouse Corporation the contract purchaser recorded in Book , Page , Registry of County of 3. It is desired and requested that the foregoing property be rezoned A—IFROM R-3 & B-1 (asT indicated on attacrJedplat) 4. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear, and the property in front of (across street from)the property sought to be rezoned: NAME STREET ADDRESS (a)Alexander J.V.Thelan (59-17) C/o Citizens Bank & Trust,Ch' (b) iyrt e L. Heavener (5_9_-__1_5_BT RFD 3, Box 2 7—A, Ch'ville (c)Claire Burke, Inc. (59-15A) .Scottsville Road, Ch'ville (d)Cherry mill Farms, Inc. (59-14) C/o Nat'l Bank & Tr.Co.,Ch'vi (e)C & 0 Ry.Co. right—of—way (f) (g) (h) (D (Use reverse side if necessary and look up the names in the office of in the Courthouse, if they are not known.) lle 5. It is proposed that the property will be put to the following use: P%j lti-resident apartments in rear and shopping center along. frontage. 6. It is proposed that the following buildings will be constructed: Apartments and retail stores. %. It is proposed that the following setbacks and offstreet parking provisions will be made: Setbacks and offst:reet parking provisions in accordance with Alt)er3arle County zoning ordinance. 8. Attached is a copy of a Vicinity Map. T- IiE TEAHOUSE CORPORATTON t Op 'oaot. ., Ry bRod "'. Smith, Jr. , ident 10-D F. llirh ";t . , Ctaarlottesville, Address of Applicant TO THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA This petition for rezoning property within the jurisdiction of the of was received on , a public hearing was held on , and the Planning Commission wishes to make the following recommendations to the Governing Body. By ACTION OF THE BOARD OF SUPERVISORS: On on the attached petition for rezoning: PLANNING COMMISSION Secretary the Goveming Body took the following action JUSTIFICATION FOR REZONING REQUEST OF THE TEAHOUSE OF CHARLOTTESVILLE, LTD. The following is an effort to justify the application of The Teahouse of Charlottesville, Ltd., to rezone Parcels 16 and 16A on Tax Map 59 from A-1 to R-3 and B-1. Present Use of Land. The property under consideration is shown both upon Tax Map 59 and the detailed plat of 0. R. Randolph dated 11/24/61 attached to this application. Parcel 16, which contains .64 acres, is presently improved by a substantial restaurant which has formerly traded under the name of Skipper's. The property is now, and for some time to come will be, devoted wholly to the use of the restaurant. Parcel 16A, which contains 6.62 acres, is improved by a small 7-unit motel, known as The Anchorage Motel, a manager's residence, and two trailers which are located behind the motel. The motel and the manager's residence are both located directly behind the restaurant. The remainder of the land is unimproved and has been allowed to grow up in a rather dense forest of trees and honeysuckle. Present Use of Adjacent Land. Directly across Route 250 from Parcels 16 and 16A is the C & 0 Ry. right of way. At this point the right of way is at sufficient elevation to obscure most of Parcels -2- 16 and 16A from property directly to the north of the right of way. The right of way, itself, has a number of large outdoor billboards erected on it which further screen the activities on 16 and 16A from property to the north of the right of way, as unattractive a screen as they may be. Parcel 15A, which is directly to the east of Parcels 16 and 16A, is improved by the establishment formerly known as The King's Inn. This property is presently under contract to Claire Burke, Inc. and it is the applicant's understanding that it will be used to assemble and sell at retail Mrs. Burke's products. Parcel 15 is presently utilized as a rather large trailer park. Parcel 15B is occupied by a private residence. Because of the location of the residence and the separation of the two properties by a road, it is doubtful that the proposed uses of Parcels 16 and 16A would cause any dis- turbance. Parcel 14 is owned by Cherry Hill Farms, Inc., and is presently used for agricultural purposes. From no point on Parcel 16 or 16A can any building on Parcel 14 be observed. Parcel 17 is owned by Alexander J. V. Thelen. As a result of the slope of the terrain and the dense forest both on the applicant's and Mr. Thelen's property, it appears extremely unlikely that the proposed use of Parcels -3- 16 or 16A would interfere with Mr. Thelen's continued use of his property as a residence. Planned Use of Land If Rezoning is Granted. The applicant's zoning request is to rezone as B-1 the area shaded in red on the attached plats. This is an area 200 feet in depth from Route 250. If rezoning is granted the applicant will build a shopping center with approximately 15,000 square feet of space on the frontage along Route 250, west of the present restaurant. There is presently no such facility west of the University Shopping Center on Route 250 West. This facility would serve resi- dents of Flordon, Farmington, Bellair, Ednam Forest, West Leigh, Kearsarge, etc. As the strip of Route 250 in the immediate vicinity is already devoted to commercial uses the proposed use would have no substantial effect on the character of the area. It is the applicant's intention to devote the rear portion of the land to the development of garden -type apart- ment dwellings. Consequently, it is requested that this portion of the property be rezoned R-3. In creating the development, the applicant intends to retain as much natural foliage as possible, thus retaining a screen between the apartment project and the adjoining land and also between the apartment project and the commercial area along the front. In developing the shopping center area, a great deal of grading will be required as the land rises sharply -4- from U. S. Route 250. Because of this, the apartment project will be elevated quite a bit above the shopping area, thus creating further separation between the two uses. LegaZ Consideration. Va. Code Ann. § 15.1-490 sets forth the matters to be considered in drawing zoning ordinances and districts, providing as follows: Zoning ordinances and districts shall be drawn with reasonable consideration for the existing use of property, the suitability of properties for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, and the requirements for schools, parks, playgrounds, and other public services; and for the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the county or municipality. A number of the considerations enumerated in the statute are peculiarly applicable to the request for re- zoning under consideration and are commented on below. (1) Existing Use and Character of Property: With respect to the area requested to be rezoned B-1, the requested rezoning is very much in con- formity with the existing use of the property. From the eastern boundary of the trailer court (Parcel 15) to the western boundary of Parcel 16A, a strip of approximately 1500 feet, the land -5- fronting the south side of Route 250 is devoted to commercial use of one sort or another. The north side is occupied by the C & 0 Ry. right of way and several large billboards. With this established pattern it seems perfectly logical that the zoning ordinance should conform to the actual use and permit the establishment of a shopping area which is clearly not disharmonious. (2) Suitability of Property for Various Uses: It is difficult to imagine a practical use for any of the property for which rezoning is requested other than the requested use. Because of existing uses along the frontage the remainder can only be used for other commercial enterprises. The rear of the property is in no way suitable for agricultural purposes, and it is very difficult to envision any sort of residential use for this rear land other than multi -residential units. (3) Trends of Growth or Change: The present pattern of growth of Charlottesville is very strongly towards the north and west. The growth along Route 250 West has been more residential than commercial as contrasted with the growth along Route 29 North which has been mostly commercial. The character of development on Route 250 West has created a demand for shopping areas and for multi -residential property. (4) The Conservation of Properties and Their Values: It is extremely difficult to envision any detriment to surrounding property through grant- ing the request for rezoning. A denial of the request would, as a practical matter, preclude the land from being put to almost any use. (5) The Encouragement of the Most Appropriate Use of Land Throughout the County: There is little that can be said under this consideration that has not been previously stated, but it is clearly appro- priate that certain parcels of land in the vicinity of residential areas be devoted to the use of retail merchants establishments and multi -resident dwellings. It is most appropriate that land be designated for this use where it has already attained a commercial character and where the least encroachment can be expected on the privacy of private residences. The applicants submit that there is not another parcel of land between the city limits of Charlottes- ville and Ivy, fronting on U. S. Route 250 which can better provide these needed facilities with the least disturbance to adjoining landowners. ConcZusion. It is respectfully submitted that the rezoning application should be approved in accordance with the request -7- for rezoning. It seems perfectly clear that facilities of the sort proposed are needed; that the property to which the application applies is suitable for these uses and to a large degree has already attained a commercial character; and that as a result of rezoning, adjoining properties will not suffer any depreciation, either in value or suitability of their present use. THE TEAHOUSE OF CHARLOTTESVILLE, LTD. Lloyd T. Smith, Jr., Pre rent