HomeMy WebLinkAboutAP200800001 Staff Report 2008-12-19STAFF PERSON: Ronald L. Higgins
PUBLIC HEARING: June 3, 2008
DEFERRED TO: October 7, 2008
STAFF REPORT —AP- 2008 -001 (Sign #63) (Revised: September 22, 2008)
APPLICANT /APPELLANT: Crown Motorcar Company LLC (previously,
Crown Automotive) (Lessee)
Ricky Lee Baumgardner & Donna G. Baumgardner (Owners)
The applicants appeal the Deputy Zoning Administrator's determination in accordance with
Section 34.3 of the Albemarle County Zoning Ordinance.
Description of Property: Tax Map 78, Parcel 15B 1 is a vacant 0.794 acre lot just west of the
Crown Automotive showroom at 1295 Richmond Road (Route 250E). The property is zoned
Highway Commercial (HC) and Entrance Corridor Overlay (EC).
Background of Appeal: Crown Automotive, now trading as Crown Motorcar Company LLC,
has leased this parcel from the Baumgardners since 2004. The prior use by the Baumgardners, of
vehicle repair and sales, involved a primary garage structure, which Crown removed. Once the
primary use was removed, the accessory parking and display was no longer permitted. Early this
year, Crown began displaying several rows of new and used vehicles for sale. Also, employees
of the adjacent Crown Automotive were parking along the back row. When asked to investigate
the use, Albemarle County Code Enforcement determined that the uses of offsite display and
overflow parking constituted a new use, stand alone parking, which is not permitted. A Notice of
Violation, dated February 29, 2008, was then served. Legal counsel for the applicants filed an
appeal of the NOV on March 31, 2008. They later requested that the appeal be heard at the June
3, 2008 hearing. At the June 3, 2008 hearing the applicant requested deferral until October 7,
2008 in order to have the full Board present and to pursue their site plan approvals and building
permits for an alternate use of the property. They have since received preliminary site plan
approval and diligently pursued the final site plan and ARB approvals.
Determination: (See the determination letter dated, February 29, 2008 for the official
determination.) The specific section cited as having been violated is Section 24.2, Permitted uses
in the HC District. The stand alone parking occurring is for display and overflow parking for
employees of the business next door (Crown Automotive). This use requires a special use permit
under Section 24.2.2.
Grounds for Zoning Administrator's Decision: Stand alone parking has never been a
permitted use on this site, since parking on site had always been an accessory use to the main
business. Had this property been combined with the Crown Automotive site next door, the use
could have been accessory to the vehicle sales and service on that site and would not "stand
alone" on a separate parcel. However, this cannot be done as the properties are under different
AP- 2008 -001 2 June 3, 2008
ownership. As stated earlier, the main use on the appellant's site no longer exist, due to the
demolition of the garage building.
APPELLANT'S JUSTIFICATION FOR APPEAL: The appellant's attorney has addressed
the two types of parking (display and employee) separately. First, he reports that the employee
parking has been removed as of March 24, 2008, thus correcting what he terms as the only
zoning violation. Therefore, conceding that employee parking is a violation.
Secondly, he contends that the parking of vehicles for display to sell, is part of the permitted use
by right, "motor vehicle sales, service and rental ". He says that this is and was a permitted use in
1983 when the Baumgardners ran their business and in 2004, when Crown entered into a lease of
the property. He contends that, since they have not developed the parcel, this use is valid as is.
STAFF RESPONSE: Since March 24, 2008 staff has observed vehicles other than those
displayed for sale parking on the site, but less frequently than previously. Even the appellant has
agreed that this is a violation. However, this site must not be used to park at all in order to be in
compliance.
Regarding the "development" argument, the use of a site does not necessarily have anything to do
with "development" of the site. The Albemarle County Zoning Ordinance defines "Use" as:
"The purpose.for which any land, water, or structure is devoted or occupied, or any
activity performed on land, water or in a structure. "
The occupation of this site by vehicles, without a primary use to be subordinate to on the site,
constitutes a new "use" of the site that is regulated by the ordinance. The parking that was there
before was accessory to the main use that was on the site. The Albemarle County Zoning
Ordinance defines "Accessory Use, Building or Structure" as:
"A subordinate use, building or structure customarily incidental to and located
upon the same lot occupied by the primary use, building or structure, and located
upon land zoned to allow the primary use, building or structure. "
There is no primary use, building or structure on the site, therefore the parking cannot be an
accessory use, but is now a new use, stand alone parking.
CONCLUSION: Absent the primary use on site and absent required approvals for the stand
alone parking, the use of the site is in violation of the ordinance. The appellant has not proven a
nonconforming stand alone parking.
Attachments:
- Application for appeal and statement of justification with Notice of Violation &
Tax Map 78.
- Albemarle County GIS map of site.
- Albemarle County 2007 & 2002 aerial photos of site.
Application forr%M
Appeal of ZoninLy Administrator's Determination
❑ Appeal of Zoning Administrator's Determination = $120
(To be refunded if the decision of the "Zoning Administrator is overturned.)
Project Name: Crown Automotive Leased Parcel
Tax map and parcel: T.M.P. 78 -1581
Physical Street Address (if assigned): N/A
Magisterial District: Rivanna
Zoning: HC
Location of property if determination is made regardkig a property (landmarks, intersections, or other): Route 250 on Pantops
Contact Person (Who should we call /write concerning this proiect?): Nicholaus G. Leverett
Address 600 Peter Jefferson Parkway, Suite 130 City Charlottesville
State VA
Daytime Phone ( 434 ) 984 -4300 Fax # ( 434 ) 979 -3288 E -mail ngleverett @ntelos.net
Owner of Record Rickey Lee and Donna G. Baumgardner (Lessor)
Address 1252 Still Meadow Ave.
Daytime Phone ( .L34) 971 -7049
City Charlottesville
Fax # (_) _ _ E -mail
Applicant (Who is the Contact person representing?): Crown Automotive (Lessee
"Zip 22911
State VA Lip 22901
Address 3633 C West Wendover Avenue City Greensboro _ State NC zip 27407
Daytime Phone ( 336 ) 851 -3404 Fax # ( 336) 315 -4801
Cow.
E_ -mail mmack @crownautomotive
AP- 2008 -001 (Sign # 63) Ricky Lee & Donna G. Baumgardner (owners), Crown
Automotive (Lessee & Appellant). Appeal of the Deputy Zoning Administrator's
determination of violation of Ordinance Section 24.2, relating to Crown Automotive's use
of the Baumgardner property on Richmond Road (Route 250E, west of Crown's
showroom) for off -site display and parking. The appellants contend that Crown's use of
the parcel for Car Sales display is proper. This site is further identified as Tax Map 78.
Parcel 15B1 and is zoned Highway Commercial (HC) and Entrance Corridor (EC)
Overlay.
FOR OFFICE USE ONLY AP # —Ut, L //
Fee Amount 5 1 ZD'C' /Date Paid 3 By he? Rece t # 0 Ck #�
Y� n ,r l_ L fin 1�fT rte`,
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, NIA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126
5/1/06 Page I of 2
The following information shall be submitted with the application and is to be provided by the applicant:
I ) Completed application including subject of appeal.
2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to
provide this information or submit an attached sheet.
3) if applicable, a copy of the latest deed for the property involved, and the approved and recorded plat.
4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions fo
the situation that may justify the appeal.
5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal.
G) Appropriate fee made payable to the County of Albemarle.
7) Explanation of error in determination and justification of applicant's position:
Owner /Applicant Must Read and Sign
1 hereby ceriify that the info;rdO.Jn provided on this application and accompanying information is accurate, true
and cotteet to the best knowledge and_belief.
St nature of Owner, , Agew CESSOR Date
=► -1 I --1 Cpl-` '1
Print Name Daytime phone number of Signatory
511 nw rage i 2
S IV- L�eln1LL-7ry 4ao
r
BARRICK & DEINLEIN
PLC
ATTORNEYS AT LAW
800 PETER JEFFERSON PARKWAY, SUITE 130
CHARLOTTESVILLE, VIRGINIA 22911
TELEPHONE(434)984 -4300
FACSIMILE(434)979 -3288
E-MAIL. berrdeinontelos.net
March 31, 2008
VIA HAND DELIVERY
Board of Zoning Appeals
County of Albemarle Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Re: Crown Automotive Appeal of Zoning Administrator's Determination
Dear Board of Zoning Appeals:
Enclosed is an Application for Appeal of Zoning Administrator's Determination filed on behalf
of Crown Automotive. The appeal is in relation to a Notice of Official Determination of
Violation in regard to a parcel on Richmond Road in the Pantops Mountain area of Albemarle
County.
Also enclosed please find a check made payable to the County of Albemarle for the requisite fee
of $120.00.
Please do not hesitate to contact me if you have any questions or if I can be of any further
assistance.
Best regards,
Nicholaus G. Leverett
Enclosures
APPLICATION FOR APPEAL OF
ZONING ADMINISTRATOR'S DETERMINATION
On February 29, 2008, Albemarle County issued a Notice of Official Determination of
Violation regarding T.M.P. 78 -15B (the "Notice of Violation "), a copy of which is attached
hereto as Exhibit A. The parcel III {lUcstion is located oil Richmond Road In the Pantops
Mountain area of' Albemarle County and is zoned I lighway Conluncrcial. The property is owned
by Rickey Lee and Donna G. Baumgardner and is leased to Asbury Automotive North Carolina,
L.L.C., which is the parent company of Crown Automotive. Crown Automotive's new and used
car dealership facility is located on the adjacent land, and Crown Automotive has also conducted
its sales of new and used cars on the Baumgardner leased land since 2004. Baumgardner
previously did the same from 1983 to 2004.
I. Notice of Violation and Appeal
The Notice of Violation states that the Baumgardner parcel is being used as offsite
display and overflow parking by Crown Automotive and that under Section 24.2 of the
Albemarle County Code provides that offsite parking is not a permitted use in the I lighway
Commercial District. The Notice of Violation requested that the property be brought into
voluntary compliance by March 28, 2008. Code Erifiorcenlent Officer Andrew Kellerman stated
that all vehicles must be removed from the Baumgardner parcel and that a site plan needed to be
submitted to and approved by the County before resumption of the same use could continue.
Pursuant to Section 15.2-2311 of the Code of Virginia, Crown Automotive hereby
appeals the Notice of Violation on the following grounds stated hereafter:
II. Crown Automotive Has Voluntarily Removed Its Employee Vehicles
Crown Automotive has, as of March 24, 2008, removed all employee vehicles from the
Baumgardner parcel. Because the employee vehicles are no longer present on that parcel, it is no
longer being used for Crown Automotive's overflow parking. This corrects the only zoning
violation that has occurred on the Baumgardner parcel.
III. Crown's Use of the Baumgardner Parcel For Car Sales is Proper
Chapter 18, Section 24.2.1 of the Albemarle County Code states that motor vehicle sales,
service and rental are "by right" permitted uses for Highway Commercial zoned property. This
zoning use was on the books in 1983 and in 2004. A site plan should not be required for this use,
because the intent of site plans is to "develop land in an orderly manner" and to "encourage
innovative and creative design and facilitate use of the most advantageous techniques and highest
standards in the development of land." Albemarle County Code Chapter 18, Section 32.1
(emphasis added). Crown Automotive has not yet developed this parcel; Crown Automotive
only demolished the garage and removed the underground gas tanks that had been on the
property. Because the current use of the parcel for motor vehicle sales is not "development" of
the property, neither the spirit nor letter of the site plan requirements should be applicable.
Crown Automotive does indeed have plans for future development of the Baumgardner
parcel, including construction of a new building. A site plan for this building and site
development has already been submitted to Albemarle County and is currently pending.
IV. Conclusion
For all of the reasons stated above, Crown Automotive requests that the Deternlination of
Violation issued by the County be reversed and that the Board of Zoning Appeals rule the site
2
plan provisions of the Albemarle County Code are inapplicable where there is a "by right" zoning
use and whcrc there has 110t yet been any development.
OF nr11,
vt�rrn°'
COUNTY OF ALBEMARLE
Comnwnity Development Department
401 McIntire Road
Charlottesville, Virginia 22902 -4596
FAX (4 34) 972-4126 TELEPHONE (434) 296 -5832 TI'D (434) 972 -4012
NOTICE OF OFFICIAL DETERMINATION OF VIOLATION
The Date this Notice of Determination is given is February 29, 2008. No: ZV10200800026
CERTIFIED MAIL # 7005 0390 0003 9642 21 14 CERTIFIED MAIL # 7005 0390 00031 9642 2121
Crown Automotive Ricky Lee or Donna G. Baumgardner
1295 Richmond Road 1252 Still Meadow Ave.
Charlottesville; Virginia 22911 Charlottesville, Virginia 22901-6211
Property: 07800- 00- 00 -015B] BAUMGARDNER, RICKEY LEE OR
DONNA G
Tax Map and Parcel Number Owner of Record
Zoning: Highway Commercial [HC] District
Overlay: Entrance Corridor [EC] Overlay District
Dear Mr. & Mrs. Baumgardner,
This notice is to inform you that the above described property is in violation of the Albemarle County
Zoning Ordinance. This conclusion is based on the fact that a Code Enforcement Officer visited the listed
property on February 14, 2008 and found that the following conditions existed:
The property is being used as offsite display and overflow parking by Crown
Automotive.
The described use or structure did not exist prior to the zoning ordinances) it violates. Therefore, ii
cannot be considered a legal, but non - conforming use or structure. With that in mind, the following
section(s) of the Zoning Ordinance have been violated:
Section 24.2 Permitted Uses (in Highway Commercial HC District);
Offsite parking is not a permitted rrse in the High►vay Commercial (IICJ District.
This letter also serves to notify you to stop the activity or use outlined above immediately. Failure to
comply with this notice will result in legal action being taken against you and any other owner or tenant.
In addition, you must bring the property into compliance by March 28, 2008 to avoid court action.
Compliance past this date does not preclude the County from pursuing legal action.
ZV1O200900026 Page 2 February 29. 2009
In accordance with Section 15.2 -231 1 of the Code of Virginia, you may appeal this finding if you disagree
\vith this determination. An appeal must be made within thirty (30) days of the date this notice is given.
If you do not File a timely appeal, this determination shall be final. An appeal application must be
completed and filed with the Zoning; Administrator and the Board of Zoning Appeals. A one time
processing fee of $120 must accompany the appeal application.
If you have ally questions, please contact Andre-tv Kellerman, Code Enforcement Officer, at 434 -296-
5832.
rrid L. f- Irggms / / --
Deputy Zoning Administrator
County of Albemarle
I
62-23 - 62-25 78-
59A
59 78-57
58A
.... ------
.e( 58
580 t
0%N" W10
21 55861'
6
9
7
31 4 5 G. 250
1M.. . ..
f"- hit
A,
16 14 1—
A
12A
12
4t 55A6
AP-2008-001 Ricky Lee or Donna
G. Baumgardner (owners), Cro
wn
Automotive (Lessee & Appellant)
)55A1
'rax map 78, parcel 15BI
•50
i0c
J31C 7 53
3
20F �51A1v1 —1
,
201'
311 M
20M
31H r 31F 31K
45
...... ...... 60 a
20M1 49F
V
-
2181 36
C 49
3 N
324 39 48 %
22
31A cp
C,
"Ib
33
C9
";1, *231_;T
78-26
77-31
Lh 92-1
C X LIN
29 33D
78-22
Scale
0 800 1600 2400
Feel
Note This MP is for d'sP'8Y Pu7pO3es OWY
and shorn parcels as of 12131,12007
S" Map Book Inhoduchon for adddwal details
/27B
09
79-7A
4"P"'e78-2-8B
92-16
t '. \;\ N�� 732
09
RA... I
Albemarle County 078"'"
Y
a
r
c"
5
_C
U.
�'
J
PEOPLE PL,
mp
VA_ do
.'0
40 .d f1
0
F-I
AIN,
4U
qr%
4 41
t 1114 14
OEM d L❑ ❑ El
>
>
00
I
O
AK
-
Ll I 0 I i ❑EI■■■ MEN
v.
�i3 OF
O
>