HomeMy WebLinkAboutSP200500029 Legacy Document 2006-07-27 (4)COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP 2005-00029 Pro Distribution
SUBJECT/PROPOSAL/REQUEST:
A special use permit is requested for Subordinate
Retail Sales exceeding 15 percent of the floor area
of the main use on property zoned LI Light Industrial
for tire sales.
STAFF CONTACT(S):
Cilimberg, McCulley, Echols, Ragsdale
LEGAL REVIEW: NO
STAFF:
REBECCA RAGSDALE
AGENDA DATE:
July 5, 2006
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YES
OWNERS/APPLICANTS: Mass Enterprises of Virginia, Inc. (Mr. William A. Masselli)
PROPOSAL:
The Pro Distribution site is a 3.8 acre parcel, zoned Light Industrial (LI) and located on Three
Notch'd Road in Crozet, just west of the entrance to Western Ridge and the Martha Jefferson
medical building. There are currently four businesses operated from the property:
trucking/distribution business which wholesales tires, retail tire sales, self storage, and most
recently a home improvement contractor. The Zoning Ordinance allows limited retail sales by -
right if the floor area of retail sales is less than 15 percent of the floor area of the main use by -
right in the LI Zoning District. A special use permit is required to increase the floor area of retail
sales beyond 15 percent of the floor area of the main use (whole sale tires). Pro Distribution
would like to increase the area for retail sales of tires to 54 percent of the floor area devoted to
the wholesale tire business or 35 percent of the total area devoted to the tire business.
BACKGROUND:
This request went to the Planning Commission for a public hearing on May 30, 2006 with an initial
recommendation for approval. Prior to the Planning Commission meeting, but following
distribution of the staff report to the Planning Commission, new zoning violations were found on
the Pro Distribution site and it was also discovered that the square footages and calculations in
the staff report were not accurate. Staff recommended that the applicant defer the public hearing
to allow time to sort through the recently discovered zoning violations and to ensure that staff had
the correct square footage information from the applicant regarding the whole sale tire business
and proposed retail tire sales. The applicant declined to defer and asked for an action from the
Commission who recommended denial of the special use permit.
DISCUSSION:
Since the Planning Commission meeting, Community Development staff has met with the
applicant several times, including on-site, to discuss the zoning violations and to clarify square
footage related to the special use permit request. The applicant has provided new information
regarding the floor area of retail and wholesale uses on the site. Zoning has outlined the
necessary steps for the applicant to comply with the Zoning Ordinance and the applicant has
been cooperative in discussing compliance and has begun taking measures to address the
violations. The violations consist of operating a new business without a zoning clearance,
changes to the site without approval of a site plan, including new construction without a building
permit.
SP 2005-029
Pro Distribution
With the new information provided by the applicant, Zoning has reviewed the relationship of retail
to wholesale use. The Zoning Ordinance expresses this special use permit for retail sales as a
percentage based on: area of retail sale use / area of wholesale use. While this percentage may
seem high since the area devoted to retail sales is 54 percent of the area devoted to wholesale
business, another relevant percentage or comparison is the percentage devoted to retail tire
sales within the total business floor area (wholesale and retail). In that comparison, the retail
sales use remains the minority use in terms of area at 35 percent. The retail sales would be
conducted from an existing building on the property, Building F. (Attachment A) The applicant has
submitted a site plan to add additional self storage units to the property and that is attached for
information. No changes are proposed with the pending site plan that would affect access to
Building F for retail tire sales. (Attachment B)
RECOMMENDATION:
Staff is not recommending that any additional uses be established on the property, including the
retail tire sales requested with this special use permit, until the site is completely in compliance
with all Zoning Ordinance requirements. Staff supports this request since no negative impacts
from the requested increase in retail sales have been identified.
Staff recommends approval of SP 2005-029 with the following conditions of approval as
1. Site plan approval of the proposed retail tire sales use is required.
2. Retail tire sales may not be expanded until the site is entirely in compliance with the
Zoning Ordinance.
3. Retail tire sales shall be limited to the building labeled as Office/Storage Building F as
shown on the approved SDP #03-043 for that building.
4. The floor area devoted to tire sales within Building F shall not exceed 1654 square feet of
floor area in that building
5. Hours of operation for the retail tire sales business shall be between 7:30a.m. and
6:00p.m.
6. There shall be no outdoor storage of tires or equipment associated with the wholesale or
retail tire sales business
ATTACHMENTS:
A. Site Development Plan 03-043, titled "Crozet Mini Storage", prepared by Jones &
Jones Associates Architects, dated September 10, 2004
B. Pending Site Development Plan 05-93, titled "Crozet Self Storage" prepared by
Keeney & Company Architects, dated March 13, 2006
SP 2005-029
Pro Distribution