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Home My WebLink AboutZMA200600004 Action Letter 2009-09-18COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 MEMORANDUM TO: Albemarle County Service Authority 168 Spotnap Road Charlottesville, VA 22911 FROM: David B. Benish, Chief of Planning DATE: January 25, 2005 RE: CCP200900002 North Fork Pump Station/Sewer Line The Albemarle County Planning Commission, at its meeting on August 18, 2009, by a vote of 7:0, recommended approval of the above -noted Compliance with Comp Plan Review. 1:: CC: Gerald Gatobu, Current Development pF AL �IRGltsl�` COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434)296-5832 June 19, 2006 Gary Fern 168 Spotnap Road Charlottesville, VA 22911 RE: ZMA-2006-004 Albemarle County Service Authority — Crozet Property Tax Map 57 Parcel 29B Dear Mr. Fern: Fax (434)972-4012 The Albemarle County Planning Commission, at its meeting on June 6, 2006, unanimously recommended approval of the above -noted petition to extend the sunset date from 2006 to 2016 for use of the contractor's equipment storage yard and warehouse facilities at the site. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on July 5, 2006. 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, Judy Wiegand Senior Planner Planning Division JW/aer Cc: Albemarle County Service Authority PO Box 2738, Charlottesville, VA 22902-2738 Ella Carey Amelia McCulley Jack Kelsey ZMA-2005-014 Poplar Glen Phase II Page 2 of 2 June 19, 2006 Steve Allshouse COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA 06-04 Albemarle County Service Authority - Crozet Property SUBJECT/PROPOSAL/REQUEST: ZMA 06-04 is a request to rezone approximately 4.01 acres, Tax Map 57 Parcel 2913, from LI to LI to amend a proffer by extending the sunset date from 2006 to 2016, for use of a contractor's equipment storage yard and warehouse facilities. OWNER/APPLICANT: Albemarle County Service Authority STAFF: Judith C. Wiegand, AICP PLANNING COMMISSION DATE: June 6, 2006 BOARD OF SUPERVISORS DATE: July 5, 2006 PROPOSAL: The applicant is requesting this rezoning in order to extend the sunset date of a proffer from 2006 to 2016, to accommodate an existing tenant. The property is located on the south side of Rt. 240 approximately 0.7 miles west of the intersection of Rtes. 240 and 250 in the community of Crozet. Attachment A is a copy of the revised proffers. BACKGROUND: In 1996, Albemarle County approved a rezoning with proffers on this property. At that time, the Albemarle County Service Authority was using some, but not all of the buildings on the site. The Authority proposed to lease two of the buildings to a private company for use as a contractor's office/equipment storage yard and/or warehousing. Two proffers accompanied the rezoning. One covered the proposed uses and the other included a sunset date in 2006. The Authority still does not need these buildings for its use and would like to continue to lease them to the current tenant. The Authority is requesting this rezoning in order to extend the sunset date in the proffers from 2006 to 2016. DISCUSSION/FINDINGS: Staff has identified the following factors that are favorable regarding this rezoning request: The rezoning is in conformity with the Land Use Plan designation. The extension of the sunset date will allow an existing use to continue, which will benefit the Authority. By leasing the unneeded buildings, the Authority ensures that they will be maintained by the tenant. The tenant, Paul's Lawnmower Service, provides a needed service in the Crozet community. Staff has identified the no factors that are unfavorable regarding this request: RECOMMENDATION: Staff recommends approval of this rezoning with the proffers. STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: JUDITH C. WIEGAND, AiCP JUNE 6, 2006 JULY 5, 2006 ZMA 06-04 ALBEMARLE COUNTY SERVICE AUTHORITY-CROZET PROPERTY Owner/Applicant: Albemarle County Service Authority owns the property and is also the applicant. Applicant's Proposal: The applicant is proposing to extend the sunset date included in the original proffers from 2006 to 2016. A copy of the original proffers from the 1996 rezoning are in Attachment A. A copy of the revised proffers showing the new sunset date is included as Attachment B. A copy of the original staff report is Attachment C. Extending the date from 2006 to 2016 will permit an existing tenant, Paul's Lawnmower Service, to continue leasing the premises. The Authority uses the major portion of the site. The applicant has requested a modification of the following proffer: Proffer (2) Notwithstanding Proffer #1, on and after October 9, 2006 the following uses shall not be permitted: 27.2.1.9 Contractor's office and equipment storage yard. 27.2.1.17 Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other volatile materials; dynamite blasting caps and other explosives; pesticides and poisons; and other such materials which could be hazardous to life in the event of accident. (Added 12/2/87) The applicant has requested extension of the sunset date to October 1, 2016. Paul's Lawnmower Service qualifies as a contractor's office. Petition PROJECT: ZMA 06-04 Albemarle County Service Authority -Crozet Property PROPOSAL: Request to rezone 4.01 acres from property zoned Light Industrial with proffers to extend the sunset date from 2006 to 2016, for use of a contractor's equipment storage yard and warehouse facilities at the site. The Light Industrial zone does not allow residential uses. PROFFERS: Yes X No EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Crozet Master Plan Hamlet CT4 - mixed residential and commercial uses (net 4.5 units per acre for single family detached and attached units and duplexes; net 12 units per acre for townhouses and apartments; net 18 units per acre for mixed use). ENTRANCE CORRIDOR: Yes X No LOCATION: 4675 Three Notch'd Road, Village of Crozet TAX MAP/PARCEL: TM 57 Parcel 29B 2 MAGISTERIAL DISTRICT: White Hall Character of the Area: This site is developed with a water treatment plant, two water storage tanks, and two maintenance/garage/shop buildings. The maintenance buildings are located to the rear (south) of the site. The site is currently occupied by the Service Authority's Crozet Filter Plant, with a portion of the site leased to Paul's Lawnmower Service. The property abuts a residential area to the west and Rural Areas with some residences to the south, east, and north (across Rt. 240). The ACSA property directly across Rte. 240 contains sedimentation basins used by the treatment plant. Planning and Zoning History: The Albemarle County Service Authority acquired this property in 1965, prior to adoption of the County's first zoning ordinance. In April 1976, the applicant obtained special use permit approval, which brought the treatment plant into zoning conformance and allowed construction of a garage to house equipment/vehicles, which had been stored outside (SP -76-17). In April 1977, a side yard variance was granted by the Board of Zoning Appeals to allow an addition to the water treatment plant (VA -77-16). In May 1977, a special use permit was approved for treatment plan expansion and construction of the sediment basins on the north side of Rte 240 (SP77-18). In July 1977, the ACSA obtained a front setback variance to allow expansion of the treatment plan (VA -77-45). In October 1996, the ACSA's application for a rezoning from RA (Rural Areas) to LI (Light Industrial) was approved to allow private use of a portion of the property. At that time, the applicant proffered out all LI uses except those uses that reflect their past use of the property. The original proffer also limits the use of the buildings to contract's office and equipment storage and to wholesale and warehousing. A second proffer included a sunset date of October 2006, after which time these uses would no longer be permitted (ZMA 96-14) By -right Use of the Property: The property is currently zoned Light Industrial (LI), which permits industrial, office, and limited commercial uses (no residential use). Conformity with the Land Use Recommendations in the Comprehensive Plan Applicable statements from the "Hamlet" section of the Crozet Master Plan and the CT4 definition that are relevant to this site are identified below in italics. Staff comments relative to the recommendations of the Crozet Master Plan follow each statement: Hamlet: a discernible place with a focal point and boundary that maintains and fosters primarily residential, institutional (i.e., places of worship) or recreational activities. 50% of its land area is dedicated to open space (either a preserve or reserve) It is still organized in accordance with a pedestrian scale (i.e., from the focal point to its farthest most developed edge is approximately I/ mile or a 5 -minute walk.) Its boundary is typically an agricultural or natural area. However, due to its limited mix of land use, it is not self-sufficient. 3 Land uses in a Hamlet Center (CT4) are: "Limited. Houses, row houses, accessory units, B & Bs, inns, home offices on I' floors & ancillary buildings, child care, coffee houses, neighborhood convenience stores. Home artist & craftsman workshops, bicycle and furniture repair. All civic uses. The Crozet Master Plan gives direction for this site in the event of redevelopment. Because the current use predates adoption of the Crozet Master Plan and no physical changes to the site are required or anticipated, the direction for redevelopment given in the Master Plan does not apply. The Hamlet Center (CT4) does not really characterize this part of Crozet. The water treatment plant is a public use which is different than the expected residential and small amount of mixed commercial uses that are described in the Plan. Lawnmower repair is similar to furniture repair; however a contractor's storage yard is very different than a home artist & craftsman workshop. The water treatment plant and associated structures represent a use and type of development that doesn't fit into the CT4, but, which is essential, nonetheless, to the community. While use of the buildings isn't strictly in conformity with the Land Use Plan, from a zoning standpoint, it is a compatible use with the surrounding area. Principles of the Neighborhood Model Staff has reviewed this request for a rezoning to extend the sunset date in the proffers and determined that conformity with the principles of the Neighborhood Model is not applicable. No change to the site is recommended or proposed. STAFF COMMENT Relationship between the application and the purpose and intent of the requested zoning district According to the Zoning Ordinance, the LI zoning district is intended to permit industries, offices, and limited commercial uses which are compatible with and do not detract from surrounding districts. Staff views the requested zoning district as appropriate to the anticipated use. Public need and iustification for the change Businesses like Paul's Lawnmower Repair provide an essential service. Suitable locations for businesses that involve equipment storage and small trucks are more difficult to find. Co -locating such a business with the Filter Plant is an appropriate solution. Anticipated impact on public facilities and services No impacts are expected on streets, water, and sewer. Anticipated impact on natural, cultural, and historic resources No impact on any of these resources is anticipated. El RECOMMENDED ACTION Staff supports this rezoning to extend the sunset date for the proffer from 2006 to 2016. ATTACHMENTS Attachment A — Original Proffers (1996)Location Map Attachment B — Revised Proffers Showing New Sunset Date Attachment C — Original Staff Report (1996) 5