HomeMy WebLinkAboutZMA200700015 Correspondence 2007-10-31From: Amelia McCulley
Sent: Thursday, August 16, 2007 1:16 PM
To: Judith Wiegand; Bill Fritz; Ron Higgins
Subject: RE: ZMA for DTG Dickerson Road
Judy,
1. Bill and I together have found that this property is eligible for the
rezoning to Light Industry if the Board finds that it "forms a
logical addition to the existing LI district." Our decision is based
on the fact that while this parcel does not meet the minimum 5
acre requirement, it adjoins and can be added to an existing LI
district (if those findings are made about the addition).
The term "adjoins" is not defined within our Zoning Ordinance.
Therefore we are guided in our interpretation of its meaning by
Section 31.1.3 which then refers us to Section 1.4. That section
refers to both the County's Comprehensive Plan and the purposes of
zoning as delineated in the Virginia Code. Based on information from
you about the Comprehensive Plan intent, we are able to find that
adjoins does not just mean physically abutting and can include
property across the street from the subject property. Again, staff will
need to review it and the Board will need to find that this parcel
is an appropriate addition to the existing LI district located
across the road.
27.3 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
Minimum area required for establishment of an LI district shall be five (5) acres. Unless
otherwise provided in section 26.2, there shall be no minimum area requirements for additions to
an established LI district, provided such area to be added adjoins and forms a logical addition to
the existing LI district.
31.1.3 INTERPRETATION BY ZONING ADMINISTRATOR
In case of any dispute over the meaning of a word, phrase or sentence, whether defined herein or
not, the zoning administrator is hereby authorized to make a definitive determination thereof,
being guided in such determination by the purposes and intent of this ordinance as set forth in
section 1; provided however, that an appeal may be taken from any such determination as
provided in section 34.3.
1.4 PURPOSE AND INTENT
This ordinance, insofar as is practicable, is intended to be in accord with and to implement the
Comprehensive Plan of Albemarle County adopted pursuant to the provisions of Title 15.2,
Chapter 22, Article 3, Code of Virginia, 1950, as amended, and has the purposes and intent set
forth in Title 15.2, Chapter 22, Article 7.
2. Again there is no regulation requiring this property to connect to
public water and sewer if it is not in the jurisdictional area.
don't know about the answer to the SAJA on this. However,
that is a factor you must consider in determining if this
property is suitable for LI zoning because it will not be
served by public water and sewer. So, it is not a zoning
decision or requirement that this property be served by public
water and sewer. I will note that based on the property size
unless it connects to public utilities or the Board approves a
central well and septic system, they will not be able to have
more than one additional use (a total of two) on this property.
From: Judith Wiegand
Sent: Thursday, August 16, 2007 1:00 PM
To: Amelia McCulley; Bill Fritz; Ron Higgins
Subject: ZMA for DTG Dickerson Road
Amelia, Bill, and Ron,
discussed ZMA 2007-015 DTG Dickerson Road (that the roofing business wants to move into)
at the DA meeting this morning. Both Wayne and David were there. Basically, I need the answers
to two questions from the three of you as soon as possible:
1. As I mentioned during the new submittals meeting yesterday, can this parcel be rezoned
to LI, since there is a 5 -acre minimum size? There is LI across Dickerson Road, but the
parcels on either side of the subject parcel and the Airport to the west are all Rural
Areas. If we aren't going to be able to "connect" to the district to the LI across Dickerson,
then I need to find an alternative.
2. This one is for Amelia: will this development have to connect to water and sewer as a
condition of the rezoning? The regulations say they will, but the applicant says the
current well and septic is just fine for his business. I don't know where the nearest water
and sewer lines are. Wayne says this one is your call. I will need to get back to the
applicant if he needs to connect since that will be an additional expense.
Thanks.
Judy
Judith C. Wiegand, AICP
Community Development & Planning
Albemarle County
401 McIntire Road
Charlottesville, VA 29902
434-296-5832, x. 3438
jwiegand@albemarle.org