HomeMy WebLinkAboutZMA200700021 Staff Report 2008-01-08COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 2007 -21 Cavalier Mini-
Staff: Joan McDowell, Principal Planner, Rural
storage
Areas
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
February 5, 2008
March 12, 2008
Owner: John and Meenakshi Chavan
Applicant: Edward H. Bain, Jr.
Acreage: 2.169 acres
Special Use Permit: N/A
TMP: 78 - 36
Existing Zoning and By -right use:
Location: North side of Route 250 East
RA -- Rural Areas: agricultural, forestal, and
approximately 1 /10 mile east of 164
fishery uses; residential density (0.5 unit/acre
Magisterial District: Scottsville
Proffer: Yes
DA (Development Area):
Requested # of Dwelling Units: NA
RA (Rural Areas): X
Proposal: Change zoning district from Rural
Comprehensive Plan Designation: Rural Areas
Areas (RA) to Highway Commercial (HC), to
- preserve and protect agricultural, forestal, open
allow a mini - storage development on the property
space, and natural, historic and scenic resources.
Property on entrance Entrance Corridor
Character of Property: Contains one single
Use of Surrounding Properties: Comfort Inn
family residence, mostly cleared but with trees
is between subject property and 164; other
around house, property sloping up from the street
Highway Commercial property on Rt. 250
level
approximately 1,200 feet south and directly
across Rt. 250t; Southern Albemarle Historic
District / Monticello Historic District / Historic
Preservation Easement property (Shadwell)
approximately 650 feet south (across Rt. 250).
Factors Favorable:
Factors Unfavorable:
There are no factors favorable to this
1. The proposed zoning classification is
application.
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.
RECOMMENDATION: Staff recommends denial of this Zoning Map Amendment.
ZMA 2007 21 Cavalier
Staff Report PC 2 5 08
Page 1 of 7
STAFF PERSON: Joan McDowell, Principal Planner Rural Areas
PLANNING COMMISSION: February 5, 2008
BOARD OF SUPERVISORS: March 12, 2008
ZMA 2007 -21 Cavalier Mini - Storage
Petition:
PROJECT: ZMA 2007 -21 Cavalier Mini Storage
PROPOSAL: Rezone 2.169 acres from RA Rural Areas zoning district which
allows agricultural, forestal, and fishery uses; residential density (0.5 unit /acre) to
HC Highway Commercial zoning district which allows commercial and service
uses; and residential use by special use permit (15 units/ acre)
PROFFERS: Yes _x_
EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas -
preserve and protect agricultural, forestal, open space, and natural, historic and
scenic resources/ density ( .5 unit/ acre)
ENTRANCE CORRIDOR: Yes _X_
LOCATION: North side of Route 250 East and approximately 1 /10 mile east of I64
TAX MAP /PARCEL: TMP 78 -36
MAGISTERIAL DISTRICT: Scottsville
Character of the Area: The area is a mixture of commercial, rural and residential
uses. Over 1,200 acres of land to the south of the subject parcel has been protected
by easements (Attachment B). This area is also the entrance into the Southern
Albemarle Historic District and it is on an Entrance Corridor.
Specifics of the Proposal: The applicant has requested a rezoning of a 2.169 acre property
from Rural Areas (RA) to Highway Commercial (HC), in order to construct a mini - storage
facility. A mini - storage facility is not allowed in the RA District. The following excerpt
from the HD District provides the uses allowed both by -right and by special use permit. The
applicant has offered a proffer that would remove some of the by -right uses. The uses the
applicant has offered to eliminate are shown with strikethroughs. The full text of the Highway
Commercial District is included as Attachment C. The Rural Areas District is included as
Attachment D. A copy of the existing zoning map for this area is included as Attachment E.
It should be noted that although the applicant has indicated that he would like to have a mini -
storage on the property, all HC uses that have not been eliminated by proffer would be
allowed in this District either by -right or potentially by special use permit.
HIGHWAY COMMERCIAL - HC
24.2 PERMITTED USES
24.2.1 BY RIGHT
The following uses shall be permitted in any HC district subject to the requirements and
limitations of these regulations. The zoning administrator, after consultation with the director
of planning and other appropriate officials, may permit, as a use by right, a use not
specifically permitted; provided that such use shall be similar to uses permitted by right in
general character, and more specifically, similar in terms of locational requirements,
ZMA 2007 21 Cavalier
Staff Report PC 2 5 08
Page 2 of 7
operational characteristics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section 34.0.
1 Automobile laundries.
2. Automobile, tfue-k repair- shops.
3 Automobiics2f-,iee stations(r- efer-e}ee 5).
5. Churches, cemeteries.
6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
7. r st
8. Educational, technical and trade schools.
13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral homes.
1 S. Fwffitufe stores.
,�
,,.1 wifte and ,.Loose shops-.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping
and other repair and maintenance services.
18. Har- 1..,., .o
20 u„tel s motels and ;
21. Light warehousing.
22 Nlaehine, -.. and equipment l
s es , so 0 and 0 nta
sales, 23. Mobile home and tr-ailer- sales and seFvtee.
24. Modular- biiilding sales *
25. Motor- ve
26. New automotive pafts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
30. Eating establishmefft; fast food 3 1. Retail nufser-ies and greenhouses.
32. Sale of major- rvefemioaal equipmeat and vehiek-&.
.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
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)
37. Temporary construction uses (reference 5.1.18).
ZMA 2007 21 Cavalier
Staff Report PC 2 5 08
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39. Heating oil sales and distribution (reference 5.1.20).
40. Temporary nonresidential mobile homes -( reference 5.9). (Added 3 5
commereial, C—)-
43. Farmers' market (reference 5.1.36). (Added 10- 11 -95)
44. Stormwater management facilities shown on an approved final site plan or subdivision
plat.
(Added 10 -9 -02)
(§ 20- 24.2.1, 12- 10 -80; 6 -3 -81; 3 -5 -86; 11 -1 -89; 6- 19 -91; 9 -9 -92; 5- 12 -93; 9- 15 -93; 10 -11-
95; Ord. 02-
18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04)
24.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of
supervisors pursuant to section 31.2.4:
1. Commercial recreation establishment including but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended 1 -1 -83)
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
5. Drive -in theaters (reference 5.1.08).
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers, wave and
radio -wave transmission and relay towers, substations and appurtenances (reference 5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Contractors' office and equipment storage yard.
9. Auction houses.
10. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R -15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
11. Commercial kennels - indoor only (reference 5.1.11). (Added 1- 1 -83)
12. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7 -84;
Amended 2 -5 -03)
13. Drive -in windows serving or associated with permitted uses. (Added 11 -7 -84; Amended
9 -9 -92)
14. Uses permitted by right, not served by public water, involving water consumption
exceeding four hundred (400) gallons per site acre per day. Uses permitted by right, not
served by public sewer, involving anticipated discharge of sewage other than domestic
wastes. (Added 6- 14 -89)
15. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6- 19 -91)
16. Animal shelter (reference 5.1.11). (Added 6- 16 -99)
17. Tier III personal wireless service facilities (reference 5.1.40).
Staff's opinion is that the elimination of certain by -right uses allowed in the HC district does not
mitigate the potential negative impacts of this rezoning.
Applicant's Justification for the Request: "Will allow for the development of mini storage
units for residents of the northeast, east and southern sections of Albemarle County; also adds
ZMA 2007 21 Cavalier
Staff Report PC 2 5 08
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additional commercial tax base to the County." A letter sent in response to review comments
from Edward Bain, the attorney for the applicant, provides additional information regarding the
applicant's justification (Attachment F).
By -right Use of the Property: Under the Rural Area zoning, a single family dwelling was
constructed on this property. The single family dwelling is consistent with other residential
dwellings in the immediate area.
Anticipated impact on public facilities and services:
Transportation — Under the existing RA District, the one residential dwelling permitted
by -right would generate approximately 10 vehicle trips per day (9.57 vpd). With a mini -
storage facility, the site will generate approximately 100 vpd. Typically, however, this type of
use generates most of its traffic in the off -peak hours. An increase of about 10 trips in each of the
Route 250 peak hours, both AM and PM, can be expected from this use. The Virginia
Department of Transportation has also commented that the access to the site should be through
the existing North Hill Road. In addition, VDOT has advised that the entrance from Route 250 to
North Hill Road should be addressed for adequacy as a commercial entrance.
It should also be noted that with the development of the Gazebo Plaza, located in the
Development Area just west and north of the 164 / Rt. 250 interchange, the existing median
cross -over at Route 240 and Hansen Mountain Road will be closed. Thus, traffic traveling east
on Route 250 will have to go beyond Gazebo Plaza and make a U -turn further east to come back
to Hansens Mountain Road and access Gazebo Plaza. One of the intersections where this would
take place would be at the Route 250 / North Hill Road interchange.
Water and Sewer - The parcel is not in the Albemarle Charlottesville Service Authority
Jurisdictional Area (ACSA) for water and sewer service. However, water service is available to
the properties to the north (adjacent to I -64). Although an extension of the jurisdictional area
has not been requested, a Highway Commercial zoning district may produce a demand for water
and /or service to this property in the Rural Areas. According to the Comprehensive Plan, "Water
and sewer service jurisdictional areas provide the implementing measure for directing utilities
according to the land use plan and overall growth management policies." The Plan recommends
that public water and sewer be provided only to areas within the ACSA jurisdictional area and
should follow the boundaries of the designated Development Areas. In addition, the
Comprehensive Plan discourages central sewer systems in the RA, except to address health and
safety problems.
Public need and justification for the change: The applicant has included in his justification
that there is a need for a mini - storage in this area and that it would provide additional taxes. The
Pantops Master Plan, the master plan under consideration for the nearby area within the
Development Areas north of 164 does not include this as an area to be considered for inclusion in
the Development Areas. In addition, there has been no indication, as a result of the studies that
have taken place in the as part of the Pantops Master Plan's development, that indicate any
compelling reasons that additional commercial zoning is necessary to supply an unmet need for
mini - storage or for other HC uses.
Although there are other, non -RA, zoning districts in this area, they are non - conforming and they
are inconsistent with the purpose and intent of the Rural Areas District. Uses allowed in the
Highway Commercial District are suitable for providing the of services compatible with zoning
ZMA 2007 21 Cavalier
Staff Report PC 2 5 08
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districts that are found in the Development Areas. Expanding non - compatible zoning in the Rural
Areas contradicts the purpose of establishment of two distinct areas designated by the
Comprehensive Plan, the Development Areas and Rural Areas, and exacerbates conflicts with
permitted uses in the Rural Areas.
The intent of the Highway Commercial Zoning District states, "It is intended that HC districts be
established on major highways within the urban area and communities in the comprehensive
plan." This request conflicts with the intent of the HC zoning district.
An email from an owner of two adjacent properties has indicated that she is not in favor of the
proposed rezoning (Attachment G).
Conformity with the Comprehensive Plan: As previously noted, the Comprehensive Plan
designates the subject property as Rural Areas emphasizing the preservation and protection of
agricultural, forestal, open space, and natural, historic and scenic resources as land use options.
As such, the property is located in the Rural Areas land use designation of the Comprehensive
Plan and the existing zoning of the Rural Areas is consistent with the Comprehensive Plan. In
addition, the proposal to create a Highway Commercial zoning district would be inconsistent with
the following section of the Comprehensive Plan:
The Land Use Plan for Interstate Interchange Development Because Interstate 64 is a limited
access highway, its interchanges may be a focus for development activities. To accommodate
appropriate land uses in the vicinity of interstate interchanges, while maintaining the safety
and functional and aesthetic integrity of such interchanges, the standards and policies set forth
below are recommended. Urban Area land at the following interchanges should be developed
in accordance with the standards set forth below:
- Route 250 East (Shadwell) (Urban Area side only)
Anticipated impact on natural, cultural, and historic resources: The Historic Resources's
chapter of the Comprehensive Plan's Natural Resources and Cultural Assets section states that the
County is to protect its historic and cultural resources by identifying and recognizing their value
and pursing protection measures to preserve these resources. Further, the Plan calls for the
County to consider the impact of proposed land use regulations and decisions on Monticello's
viewshed.
This site is within the Monticello viewshed. The property is also across the street from Shadwell,
the site of Thomas Jefferson's birthplace. It is also at the entrance to the Southern Albemarle
Historic District. The change of a zoning district from Rural Areas to a district that permits uses
more suited to the Development Areas would allow additional commercial intrusion that would
create further conflict with these important resources in the Rural Areas.
SUMMARY:
Staff has identified the following factors favorable to this application:
There are no factors favorable to this application.
Staff has identified the following factors unfavorable to this application:
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.
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Staff Report PC 2 5 08
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I 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.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends denial of ZMA
2007 -21 Cavalier Mini Storage.
ATTACHMENTS
Attachment A -
Attachment B —
Attachment C —
Attachment D -
Attachment E -
Attachment F -
Attachment G -
ZMA 2007 21 Cavalier
Staff Report PC 2 5 08
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Application, proffer and concept plan
Monticello and Shadwell Conservation Easements map
Highway Commercial District Ordinance Text
Rural Areas District Ordinance Text
Zoning Map Tax Map 78
Letter from Edward H. Bain, Jr. dated January 4, 2008
Email from Dolores Wallace dated January 3, 2008