Loading...
HomeMy WebLinkAbout10 01 1996 PC Minutes10-1-96 M OCTOBER 1, 1996 1 The Albemarle County Planning Commission held a public hearing on Tuesday, October 1, 1996, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. Bill Nitchmann, Chair; Mr. Bruce Dotson, Vice Chair; Ms. Babs Huckle; Mr. David Tice; Mr. Jared Loewenstein; Ms. Hilda Lee - Washington; and Mr. William Finley. Other officials present were: Mr. Greg Kamptner, Assistant County Attorney; Mr. David Benish, Chief of Community Development; Mr. Ron Keeler, Chief of Planning; and Mr. Pete Anderson, UVA Representative. The minutes of September 17, 1996 were unanimously approved as submitted. ZMA-96-14 Albemarle County Service Authority - Petition to rezone approximately 4 acres from RA, Rural Areas to LI, Light Industry. Property, described as Tax Map 57, Parcel 29B, is the location of the construction yard/storage/shop for the Albemarle County Service Authority. This site is located on the south side of Route 240 approximately 0.7 miles west of the 240/250 intersection at Mechums River in the White Hall Magisterial District. This area is recommended for Neighborhood and Rural Area. Mr. Keeler presented the staff report. Staff recommended approval with acceptance of the applicant's proffer. Mr. Keeler said this is a "peculiar" rezoning request, the only one of its kind he could recall. He explained that because the ACSA is a public agency, their use of the property is permitted by right. However, because the applicant wishes to temporarily lease two of the buildings on the property to private individuals, a rezoning is required.. The applicant has proffered out all Ll uses except those uses that reflect their past use of the property. The proffer limits the use of the buildings to contractor's office and equipment storage and to wholesale and warehousing. (Mr. Keeler later noted that the proffers and limitations will apply even if the property should be sold at some future time. The variance would also still apply.) The category for wholesaling and warehousing prohibits the storage of gasoline and volatile materials. The BZA has granted a variance which would allow LI zoning to be established on less than 5 acres. (This property is 4 acres.) Attached to that variance were two conditions: (1) The rezoning of the property to LI; and (2) Any expansion of these buildings is not available for private use, nor can any new building be constructed on the property for private use. (Mr. Keeler explained that these conditions do not prohibit the ACSA from constructing a new building or expanding the existing buildings.) OR 10-1-96 2 Mr. Tice asked if the Service Authority could construct another building while these two buildings are being leased, or would these existing buildings have to be returned to public use before any additional structures could be built. Mr. Keeler did not give a direct answer to Mr. Tice's question, but said the plan shows a "future expansion" area and if the ACSA has a need for the buildings, they would no longer lease them. The applicant was represented by Mr. Bill Brent, Executive Director of the ACSA. Comments and answers to Commission questions included the following: --in response to the Health Department's directions, the septic tank and distribution box have been exposed, but the applicant has not yet received the Health Department's report. --The ACSA has occupied the property for 30 years, with as many as 16 people working at the site. No problems have ever occurred with the septic system. No more intense use of the site is envisioned so no problems are anticipated. -"We cannot get rid of the buildings. We cannot get rid of the property. Crozet will always need water and a water plant will always be there. The property cannot be subdivided and these buildings carved out and sold off because it is in the midst of a series of pipes and storage tanks which run back and forth across the property. So it would be impossible to dispose of the buildings. As our customer base in Crozet grows we will use these buildings as a satellite facility at some future time. At present the customer base does not justify our staffing that facility full time. We have no plans to build additional buildings although we do have plans to expand the water treatment plant. When the time comes that we need to use those buildings, we will take them back over. But 1 cannot envision building any additional buildings." --A number of inquiries have been received about leasing the buildings. Most of those have been for warehousing. — The property is surplus and the ACSA sees this as an opportunity to generate some revenue to return to our customers. We have an investment in the property and we feel it would be unwise to let these buildings set vacant." --Other public agencies (Schools, the Police Dept.) have considered using the property but, because of funding considerations, were unable to afford the rent. --The reduction of the entrances from 3 to 1 (as recommended by VDOT) will not be addressed until the plans have been completed to expand the water treatment plant. It is not clear at this time where the entrance should be located. The reduction to 1 entrance will not effect the ACSA's ability to use the property. --The ACSA currently is using the buildings for storage of some materials, and will continue to do so. Public comment was invited. Mr. Charles Herbeck, an adjacent property owner, expressed a lack of understanding about the application given the fact that this is publicly owned property. Mr. Keeler again explained the reason for the rezoning. He explained: "Under the Code of Virginia, public occupancy of private land, or private occupancy of public land, is not (o 3. CM 10-1-96 3 exempt from zoning. The Service Authority occupies the property. The Service Authority, and other public uses in all districts, are permitted by right subject to compliance with our Comprehensive Plan. So, with the existing zoning, the Service Authority can occupy the property and continue use of those buildings. But in order for a private individual to use the property in the same manner as the Service Authority the property would have to be rezoned because a private agency/individual is not exempt from the zoning regulations." Mr. Tom Loach, Mr. John Marston and Ms. Ellen Waff, all Crozet residents, expressed opposition to the proposal. Their reasons were as follows: --The applicant made no effort to get feedback from the community nor did the staff report address potential impact to the community, even though these buildings were paid for by the citizens of Crozet's tax dollars. --The character of this area has changed since the ACSA originally occupied the property in 1965. It has become increasingly residential and the current building is out of context with the surrounding area. This property is on the neighborhood's entrance corridor. --The site is poorly maintained. --Rt. 240 is currently intolerable. The existing entrances to the property do not meet sight distance requirements. --This proposal has too many unknowns. The staff report says the parking requirements are unknown and the adequacy of the septic system is unknown. --The county recently added 3,000,000 square feet of industrial zoning and Crozet still has unused industrial land. --The revenue derived from this lease arrangement must be weighed against the potential problems to the community. Every possible public use for this property must be thoroughly investigated before any rezoning is granted. --Once the property has been rezoned, there is nothing to prevent the ACSA from selling it. --"It is very interesting that the Service Authority has asked for a zoning variance on property in the Rural Area, on an Entrance Corridor." (Wall) —"The BZA is granting too many variances." (Waft) --It is believed that the perspective tenant for this property is Craig Builders, but Mr. Craig has not made his plans known to the Highlands homeowners. There being no further comment, the matter was placed before the Commission. Ms, Huckle said she found it difficult to believe someone would want to go to the trouble of moving into a building which would only be available for one or two years. She said if the property is derelict, the County should correct that problem. She said she had first thought this was a "sensible thing to do," but having learned that it is only for a year or two, "it doesn't make any sense." 6 10-1-96 4 Mr. Dotson said he thought this was "hanging on a thin thread." The rationale seems to be generate some revenue from publicly owned property, He felt there were other "higher" uses for this publicly owned property. He wondered on what grounds the BZA had based the granting of the variance: "What is the hardship; what is the unique circumstance; and what is the practical difficulty that warrants the variance?" He felt the question raised by the public --the need for industrial zoning --is an important point. He said: "The staff report says it is difficult to come by land for public sites. So I think we ought to keep this in a public use. Mr. Brent mentioned the School Board, if the price was right, or the Police Department, if the price was right. (Other possibilities might be) a recycling center, a farmer's market, an environmental education center, a park -and -ride lot, a rescue squad and other uses. It seems to me should continue, even if it means appointing a committee, to look into alternative public uses. Speaking personally, I'm not interested in forwarding the rezoning." Mr. Tice agreed with Mr. Dotson. He said the comments made by the public raised major questions as to whether or not the public use of the property have been thoroughly explored. He said he could not support the request. Mr. Finley said if the rezoning is not granted, it is possible that some other type use could be even more bothersome to the neighborhood than what is proposed here. However, he said was concerned about the possibility that the property could be sold. . if rezoned, this would be a small piece of property with a Light Industrial use. He said if he was a neighboring property owner, he would be concerned. M MOTION: Mr. Dotson move, Ms. Huckle seconded, that ZMA-96-14 for the Albemarle County Service Authority be recommended to the Board of Supervisors for denial. The motion passed unanimously. There being no business, the meeting adjourned at 7:40 p.m. V. WayV Cili erg, retary 6 S'