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HomeMy WebLinkAboutZMA200700021 Approval - County 2008-03-27COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA 2007 -21 Cavalier Mini Storage SUBJECT /PROPOSAL /REQUEST: Rezone zoning district from Rural Areas (RA) to Highway Commercial (HC) STAFF CONTACT(S): Cilimberg, McDowell LEGAL REVIEW: No AGENDA DATE: April 9, 2008 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: Cilimberg BACKGROUND: On March 12, 2008, at the applicant's request, the Board of Supervisors deferred ZMA 2007 -21 until April 9, 2008 in order to consider a revised proffer. The Planning Commission previously had recommended denial of this application on February 5, 2008. STRATEGIC PLAN: Goal 4 — Effectively Manage Growth and Development: DISCUSSION: The applicant has submitted a revised proffer for the Board's consideration which limits uses allowed by -right on the property (Attachment 1). The applicant's initial proffer proposed to limit many of the by -right uses allowed in a Highway Commercial (HC) District (see Specifics of the Proposal section in the staff report — Attachment IV). The revised proffer would further limit the by -right uses permitted on this property to the following: (21) Light Warehousing (the use that includes mini - storage facilities) (35) Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5- 12 -93) (36) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and /or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11 -1 -89) HC uses allowed by special use permit would not be limited on this property. While the proffer has been reviewed by the County Attorney's office and is legally acceptable, staff's opinion remains that the requested re- zoning in this location is not consistent with the Comprehensive Plan and the proffer does not mitigate the inconsistency sited by staff and the Planning Commission in the recommendation for denial. BUDGET IMPACT: There is no budget impact anticipated. RECOMMENDATION: Staff and the Planning Commission recommend denial of ZMA 2007 -21 Cavalier Mini Storage, based on the findings contained in the staff report and noted in the Planning Commission's action letter (Attachment II). Should the Board choose to approve this re- zoning, its approval should be inclusive of proffers dated March 27, 2008, and signed March 27, 2008. ATTACHMENTS I. Revised Proffer dated March 27, 2008 11. Planning Commission Action Letter dated February 26, 2008 111. Planning Commission Minutes IV. Staff report with Attachments A -G pF AL �IRGltsl�` COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4012 February 26, 2008 Edward H. Bain, Jr. 420 Park Street Charlottesville, Va 22902 RE: ZMA2007 -00021 Cavalier Mini Storage Tax Map 78, Parcel 36 Dear Mr. Bain: On February 5, 2008, the Albemarle County Planning Commission approved a motion to recommend denial of the above -noted petition to the Board of Supervisors by a vote of 4:1. This recommendation of denial was based on the following staff recommendations: 1. The proposed zoning classification is inconsistent with the Comprehensive Plan. 2. The proposed zoning classification would generate traffic above that normally anticipated in the Rural Areas. 3. There is no indentified public need for additional Highway Commercial in this area. 4. The property is located at the gateway to the Southern Albemarle Historic District and is across the street from properties that have been placed under easement and are also important historic resources. 5. The proffered eliminations of by -right uses in the Highway Commercial District do not mitigate the potential negative impacts of this rezoning. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on March 12, 2008. It is the Board of Supervisor's preference that a public hearing not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. The proffers you offered with your application is included in the information sent to the Board of Supervisors. Please review the attached proffer policy established by the Board of Supervisors on December 7, 2005. 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 JM /SM cc: John & Meenakshi Chavan 1137 East Keswick Keswick VA 22947 POLICY SUBMISSION OF MATERIALS FOR ZONING APPLICATIONS It is the Board's preference that a public hearing should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staffwill advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy. Final signed proffers shall be submitted to the County no later than nine days prior to the date of the advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing resulting from comments received from the public or from Board members at the public hearing. This Zoning Policy will be included in the Board's Rules of Procedure for adoption each year, so that the policy can be re- examined annually.