HomeMy WebLinkAboutSP201100020 Legacy Document 2011-11-29COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: SP201100020 L &B Towing
Staff: J.T. Newberry
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
December 6, 2011
Not scheduled
Owners: Snow's Business Park LLC
Applicant: Brian Tate represented by Cynthia
Viejo
Acreage: 5.78 acres
Special Use Permit for: Request for Towing
and Temporary Storage of Motor Vehicles in
accordance with Section 27.2.2 (12) of the
Zoning Ordinance
TMP: 09000 -00 -00 -035X0
Conditions: Yes
Location: 1833 Avon Street Extended on the
backside of Snow's Business Park between Waste
Management and Snow's Garden Center
Existing Zoning: Light Industry (LI) — industrial,
Magisterial District: Scottsville
office, and limited commercial uses (no residential);
Entrance Corridor (EC) Overlay District — overlay to
protect properties of historic, architectural or cultural
significance from visual impacts of development
along routes of tourist access
Comprehensive Plan Designation Industrial
DA (Development Area): X
Service — warehousing, light industry, heavy
RA (Rural Area):
industry, research, office uses, regional scale
research, limited production and marketing
activities, supporting commercial, lodging and
conference facilities, and residential (6.01 -34
units /acre) in Neighborhood 4.
Factors Favorable:
Factors Unfavorable:
1. There is a demonstrable need for this
None identified.
service, especially within the southern end of
the County.
2. The use will preserve the industrial character
of the area and reuse a vacant industrial
building.
RECOMMENDATION: Staff recommends approval subject to conditions.
SP201100020
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Pagel
STAFF PERSON: J.T. Newberry
PLANNING COMMISSION: December 6, 2011
SP201100020 L &B Towing
Applicant's Proposal: Use of approximately 0.5 acre of the 5.78 acres subject parcel to operate
a towing and temporary storage of motor vehicles business (See Attachment A, Aerial Map). No
body or mechanical work, painting, maintenance, servicing, disassembling, salvage or crushing of
the towed vehicles is proposed. A vacant 1,800 sq. ft. industrial building on the site is proposed to
be used for an office with a 0.3 acre gravel parking lot behind it. The gravel lot is secured by an 8'
high chain link fence with locks on the entrance gates (See Attachment B, Proposed Concept
Plan).
Petition:
PROJECT: SP201100020/L & B Towing -Snows Business Park
PROPOSAL: Allow towing company on a portion of 5.78 acres under Section 27.2.2(12) of zoning
ordinance. No dwellings proposed.
ZONING: LI — Light Industrial which allows industrial, office, and limited commercial uses (no
residential use)
ENTRANCE CORRIDOR: Yes
COMPREHENSIVE PLAN: Industrial Service — warehousing, light industry, heavy industry,
research, office uses, regional scale research, limited production and marketing activities,
supporting commercial, lodging and conference facilities, and residential (6.01 -34 units /acre) in
Neighborhood 4.
LOCATION: 1833 Avon Street Ext.
TAX MAP /PARCEL: 090000000035X0
MAGISTERIAL DISTRICT: Scottsville
Character of the Site and Surrounding Area: The subject parcel was approved as Snow's
Business Park in 1998 and exists in the middle of an established industrial area of Avon Street
Extended. Four 1,800 sq. ft. steel buildings are located along front the property with each building
having its own parking and storage area located behind it. Further back on the property is a larger
building and storage area that is shared by Martin Roofing and Sheet Metal and Waste
Management. The subject property is abutted by industrial users, such as Snow's Nursery and
BFI Waste Services, except for an approximately 200 ft. long section that borders a residential lot
along the back edge. The western side of Avon Street Ext. contains residences from the Mill
Creek subdivision.
Background: The area of the site under review was last occupied by an unauthorized wrecker
and auto repair service called Lethal Wrecker in 2006. Staff issued a Notice of Violation after
being notified this business was operating without a business license and without zoning approval.
The occupants subsequently submitted a special use permit (SP200600040) and minor
amendment (SDP200600120), but later deferred the applications indefinitely and vacated the site.
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This application is a different request by a different applicant and contains no request to conduct
auto repair.
STAFF COMMENT:
31.6.1: Special Use Permits provided for in this ordinance may be issued upon a finding by
the Board of Supervisors that such use will not be of substantial detriment to adjacent
property,
The largest impact of the proposed use will be additional traffic. The site has an approved
commercial entrance and neither VDOT nor the County Engineer provided concerns about the
traffic impact of the proposed use. Access to this area of the site will be shared with vehicles from
Martin Roofing and Waste Management. Staff finds that this use will not be of substantial
detriment to adjacent property.
that the character of the district will not be changed thereby,
The subject parcel is abutted by parcels zoned Light Industry, except for one parcel to the
southeast that is zoned R -1 Residential and Rt. 742 (Avon Street Extended). The entrance to the
site is across from a section of the Mill Creek subdivision, but the area of the parcel under review
will not be visible from any existing residences or from the Entrance Corridor. The character of
the area reflects the intended mix of industrial and limited commercial uses. Staff finds that this
use will not change the character of the district.
that such use will be in harmony with the purpose and intent of this ordinance,
Towing and Temporary Storage of Motor Vehicles is permitted by special use permit to ensure the
use fulfills the purpose and intent of the Light Industry district. This district "permit industries,
offices, and limited commercial uses which are compatible with and do not detract from
surrounding districts." Staff finds that this use would complement the existing character of the
area and would not diminish the surrounding areas. In addition, the proposed use furthers the
purpose of the Zoning Ordinance by establishing a legal use on the vacant section of the parcel.
with uses permitted by right in the district,
By -right uses in the Light Industry district include various types of manufacturing, printing,
research and development, assembly and fabrication, warehousing and similar uses. These uses
would not be adversely affected by the proposed use.
with additional regulations provided in section 5.0 of this ordinance,
The following supplementary regulations in § 5.1.32 apply to the proposed use:
a. This provision is intended to provide locations for the towing and /or temporary storage of
collision /disabled vehicles. No body or mechanical work, painting, maintenance, servicing,
disassembling, salvage or crushing of vehicles shall be permitted; except that the
commission may authorize maintenance and servicing of rental vehicles in a particular
case,
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b. No vehicle shall be located on any portion of such property so as to be visible from any
public road or any residential property and shall be limited to locations designated on the
approved site plan. (Added 6 -6 -90)
The application of these supplemental regulations is fairly unique in that the County does not have
another approved stand -alone use that only provides towing and temporary storage services.
Instead, the County's existing towing services are permitted as accessory to approved auto repair
uses, such as a body shop or public garage. The applicant fully complies with subsection (a) as
no additional work is proposed for towed vehicles.
However, subsection (b) reads in part that "No vehicle shall be ... visible from any... residential
property." Staff obtained permission from the owner and occupants of the residential property to
the southeast of the subject parcel (Tax Map 90, Parcel 35N, currently zoned R -1 Residential) to
check on compliance with this supplemental regulation. Pictures from the back property line
revealed that an approximate 15 ft. section of chain link fence is visible at this time (Attachment C
and D). Therefore, the current site technically does not fully comply with subsection (b).
Nevertheless, staff notes the purpose and intent of this ordinance is substantially met through the
existing conditions. The existing residence on TMP 90 -35N is approximately 365 feet from the
back property line and approximately 250 feet of this distance contain mature woods that fully
screen from view both the Waste Management section of the subject parcel and the section under
review.
Section 5.1 of the Zoning Ordinance enables the Planning Commission to "modify or waive any
such requirement upon a finding that such requirement would not forward the purposes of this
chapter or otherwise serve the public health, safety, and welfare..." The applicant has limited the
area where vehicles will be securely stored as shown on the Concept Plan and they will not be
visible from any public road. Existing conditions make it very unlikely that any vehicles would be
visible from any residential property. As a result, staff finds that enforcing this regulation would
not forward the purposes of the Zoning Ordinance and recommends this supplemental regulation
be waived.
and with the public health, safety and general welfare.
Staff believes that the proposed towing and temporary storage of motor vehicles use will provide a
much needed service for the County. The proposed use would legally occupy a vacant section of
an industrial area that is consistent with the County's Comprehensive Plan and will further the
purposes of the Zoning Ordinance (See Attachment E).
The proposal has been reviewed by Zoning, Building, VDOT, the County Engineer, the Albemarle
County Service Authority, and Fire /Rescue to find no objection and recommend no additional
improvements to address health and safety considerations.
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SUMMARY:
Staff has identified the following factors, which are favorable to this request:
1. There is a demonstrable need for this service, especially within the southern end of the
County.
2. The use will preserve the industrial character of the area and reuse a vacant industrial
building.
Staff has identified no factors that are unfavorable to this request.
RECOMMENDED ACTION
Staff recommends approval of SP201100020, L &B Towing, as follows:
1. Development of the use shall be in general accord with the Concept Plan entitled L &B
Towing for SP201100020, prepared by Brian Tate and dated November 17, 2011,
(hereinafter, the "Conceptual Plan "), as determined by the Director of Planning and the
Zoning Administrator.
To be in general accord with the plan, development shall reflect the following major elements
essential to the design of the development:
• location of the area for towed vehicles
• location of additional parking
• location of existing landscaping area
Minor modifications to the plan which do not conflict with the elements above may be made to
ensure compliance with the Zoning Ordinance.
2. Landscaping shown in the concept plan shall be maintained in its current condition,
unless authorized to change by the Zoning Administrator;
3. Vehicles may be stored on -site for a period of time not to exceed 60 days, unless
directed by a law enforcement or state government agency to keep them longer than 60
days.
The County Attorney's office has not yet had a chance to review the proposed wording of
conditions, so minor editing may be necessary between the Planning Commission and Board of
Supervisors' meeting.
WAIVERS
Staff recommends the Planning Commission grant a waiver for section 5.1.32 (b) of the Zoning
Ordinance.
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PLANNING COMMISSION MOTION:
A. Should a Planning Commissioner choose to recommend approval of this special use permit with
waivers:
Move to recommend approval of SP201100020, L &B Towing with waivers based on the
recommendation of staff.
B. Should a Planning Commissioner choose to recommend denial of this special use permit with
waivers;
Move to recommend denial of SP201100020, L &B Towing with waivers.
Should a commissioner motion to recommend denial, he or she should state the reason(s) for
recommending denial.
ATTACHMENTS:
Attachment A: Aerial Map highlighting the Application Boundary
Attachment B: Proposed Concept Plan signed by Brian Tate and dated November 17, 2011
Attachment C Photos of Fence from Tax Map 90, Parcel 35N
Attachment D: Location Map showing Zoning Districts
Attachment E: Location Map showing Comprehensive Plan Designations
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