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HomeMy WebLinkAboutZMA200700016 Action Letter0 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 April 2, 2008 Scott Watkins P.O. Box 8241 Charlottesville, Va 22906 RE: ZMA2007-00016 Watkins 250 Rezoning (Sign # 74) Tax Map 56, Parcels 107C, 98D SP2007-00060 Watkins 250 (Outdoor Storage) Tax Map 66, Parcels 107C & 98D Dear Mr. Watkins: The Board of Supervisors approved both your rezoning and special use permit applications on March 12, 2008. Regarding ZMA2007-00016 This rezoning from R-1 -Residential to Highway Commercial (HC) was approved in accordance with the attached proffers dated March 12, 2008 and signed February 14, 2008. A proffered concept plan dated January 2008 (also attached) was approved as part of the rezoning. Please refer to these documents for any future applications and requests on this property. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with applicable PROFFERS; • compliance with conditions of SPECIAL USE PERMIT (see below); • approval of and compliance with a SITE PLAN; and • approval of ZONING COMPLIANCE CLEARANCE. Regarding SP2007-00060 This special use permit to allow outdoor storage of nursery stock and plant materials associated with a landscape contracting business in the Entrance Corridor on Tax Map 56, Parcels 107C & 98D in the Whitehall District was approved subject to the following conditions: 1 Products shall be stored only in the areas indicated for storage on the Watkins & Company Concept Plan sheet L-1 dated January 2008; 2. All nursery stock shall be stored on the ground without use of racks, display stands or other similar items; Any structure required for separating the mulch, topsoil and compost shall not exceed six (6) feet in height. The design of such structure is subject to review/approval by the ARB during the site plan review; The site shall be landscaped according to the following criteria and ARB approval of landscape plan to include: — A mixed planting of trees and shrubs, both evergreen and deciduous, shall be provided in the thirty (30) -foot planting strip along the south side of the site and along the west side of the site from the shed to the EC. The planting shall be continued westward to the retaining wall in all areas disturbed by grading; and — A mixed planting shall be provided along the east side of the site to provide screening for the storage areas and to blend with the surroundings; and The parking of trucks for the business beyond the nine (9) -space parking lot shown on the Concept Plan shall be limited as follows: A maximum of five (5) trucks may be parked between the mulch/top soil storage area and the five thousand nine hundred fifty (5950) square feet nursery stock storage area during the night hours. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with conditions of the SPECIAL USE PERMIT; • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. In the event that the use, structure or activity for which this special use permit is issued is not commenced within twenty-four (24) months from the date of Board approval, it shall be deemed abandoned and the permit terminated. The term "commenced" means "construction of any structure necessary to the use of the permit." If you have questions or comments regarding the above -noted action, please do not hesitate to contact Sherri Proctor at 296-5832. Sincerely, - V. Wayne Cilimberg Director of Planning Cc: Kenneth C & Lenora R Shifflett 5168 Rockfish Gap Turnpike Charlottesville Va 22903 Email Copy: Chuck Proctor (VDOT), Steve Allshouse, Sherri Proctor, Sarah Baldwin, Bruce Woodzell (Real Estate) PROFFER STATEMENT Date: March 12, 2008 ZMA4: 2007-()0016 Tax Map and Parcel Numbers: Map 56, parcels 107C and 98D 3.0 Acres to be rezoned from R-1 (Residential — 1) to Highway Commercial (HC) Scott It ,titins and Caroline Watkins are the fee simple owners (collectively, the -Owner") of Tax R1 y. 56. Parcels 1070 and 98D (the "Property') which is the subject of the zoning map amendment application number ZMA 2007-00016, knoxnm as "Watkins 250 Rezoning." Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. the Owner hereby voluntary proffers the conditions listed in this Proffer Statement, which shall be applied to the Property if the rezoning is approved by Albemarle County. These conditions are proffered as part of the rezoning and it is acknowledged that the conditions are reasonable. 1. The use of tine Property shall be limited to those uses allowed by right under Section 1-4,2.1( ' 17) (as modified in Proffer 1 A below). (35), (36), 41 (as modified in Proffer 1B below) (44) ant4]), and the uses allowed by special use permit under Sections 24.2.2(l 7) and 30.63.2(b), ofthe Zoning Ordinance of Albemarle Counts. Virgm.a as Section 24.2, Section 30.6.32 and, by cross reference in Section 24.2.1(41). Section _2.2.1 are in effect on March 12 2008. copies of which are attached hereto as Exhibit A. A. The rses permitted under Section 24.2.1 "17) shall be limited to grounds care and landscaping services and repair and maintenance services related to those grounds care and landscaping services. B. The uses permitted under Section 24.2.1(41) shall be limited to dwellings as authorized in Section 22.2.1(20). he development of the Property shall be in general accord with the plan entitled "Watkins & Conrpanl Concept Pian," prepared by Rieley cY Associates Landscape Architects, dated January 2008. WITNESS the ibllming duly authorized signatu es: Scott 4 atl4ins i ` D to �E (its1�1/0 Caroline Watkins Date -------------------- -- m Approved by the Bca,,j of Supervisors le CONCEPT PLAN pF AL� ti �IRGltst�' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 February 5, 2008 Scott Watkins P.O. Box 8241 Charlottesville, Va 22906 RE: ZMA2007-00016 Watkins 250 Rezoning (Sign # 74) Tax Map 56, Parcels 107C, 98D SP2007-00060 Watkins 250 (Outdoor Storage) Tax Map 56, Parcels 107C & 98D Dear Mr. Watkins: The Albemarle County Planning Commission, at its meeting on January 22, 2008, recommended approval of the above -noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: Motion on ZMA-2007-00016 Watkins Route 250 Rezoning: 1. The language of the proffers describing the limitations on the development of the property, particularly Section 24.2.2.1(17) be amended to read as follows: "Home and business services such as grounds care, landscaping and other related repair and maintenance services." 2. The opportunity for R-15 special use permits be excluded as per the offer of the applicant. The motion passed by a vote of 5:1. Motion on SP -2007-00060 Watkins 250 Outdoor Storage: 1. Products shall be stored only in the areas indicated for storage on the Watkins & Company Concept Plan sheet L-2 dated November 2007 and revised 1/2/08. 2. All nursery stock shall be stored on the ground without use of racks, display stands or other similar items. 3. Any structure required for separating the mulch, topsoil and compost shall not exceed 6' in height. The design of such structure is subject to review/approval by the ARB during the site plan review. 4. The site shall be landscaped according to the following criteria and ARB approval of landscape plan to include: — A mixed planting of trees and shrubs, both evergreen and deciduous, shall be provided in the 30 -foot planting strip along the south side of the site and along the west side of the site from the shed to the EC. The planting shall be continued westward to the retaining wall in all areas disturbed by grading. — A mixed planting shall be provided along the east side of the site to provide screening for the storage areas and to blend with the surroundings. 5. The parking of trucks for the business beyond the 9 -space parking lot shown on the Concept Plan shall be limited as follows: A maximum of 5 trucks may be parked between the mulch/top soil storage area and the 5950 sf nursery stock storage area during the night hours. The motion passed by a vote of 6:0. Motion for Withdrawal of the Site Plan Waiver: The motion passed by a vote of 6:0. Motion on the Waiver of Buffer/Screening Requirements: The motion of approval passed by a vote of 6:0. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on March 12, 2008. 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, Rebecca Ragsdale Planner Planning Division RR/SM cc: Kenneth C & Lenora R Shifflett 5168 Rockfish Gap Turnpike Charlottesville Va 22903 File COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 December 13, 2007 Scott Watkins P.O. Box 8241 Charlottesville, Va 22906 RE: ZMA2007-00016 Watkins 250 Rezoning (Sign # 74) Tax Map 56, Parcels 107C, 98D Dear Mr. Watkins: The Albemarle County Planning Commission, at its meeting on December 11, 2007, unanimously deferred the above -noted petition. Therefore, this item has been rescheduled for public hearing as follows: ALBEMARLE COUNTY PLANNING COMMISSION —TUESDAY, JANUARY 22, 2007 ALBEMARLE COUNTY BOARD OF SUPERVISORS —WEDNESDAY, MARCH 12, 2008 "Please note that SP2007-00060 will be discussed on the above mentioned dates" The Albemarle County Planning Commission will meet at 6:00 p.m., Meeting Room Lane Auditorium, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. The Albemarle County Board of Supervisors meeting begins at 2:00 p.m. You will receive a copy of the staff report and tentative agenda one week prior to the Planning Commission meeting. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS. If you have any questions, please do not hesitate to contact me. Sincerely, Rebecca Ragsdale Planner Planning Division RR/SM ABUTTING OWNERS CLOVER LAWN VILLAGE OWNERS ASSOC INC C/O DOUG BROOKS REAL PROPERTY INC GRAY, EVELYN B IOAKIMEDES, MICHAEL G JR JACOBSON, ANITA LI, DUO OR HONGXIA CHAO SAVANT, AARTI OR SAMEER UPADHYA OR KARKADA JAYARAM UPADHYA SHIFFLETT, ELMER LEE STALLINGS, PRESTON O STEWART, DENNIS C JR OR NICOLE TERESA MICH WAFF, JOSEPH J III & ELLEN S cc: Kenneth C & Lenora R Shifflett 5168 Rockfish Gap Turnpike Charlottesville Va 22903 File Phone (434) 296-5832 Lrf2C;l1�ZA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 MEMORANDUM TO: Scott Watkins P.O. Box 8241 Charlottesville, Va 22906 FROM: Rebecca Ragsdale DATE: November 9, 2007 RE: ZMA2007-00016 Watkins 250 Rezoning Dear Mr. Watkins: Fax(434)972-4012 On October 30, 2007, the Albemarle County Planning Commission reviewed the above -noted item in a work session. Attached please find the section of the official action memo for this meeting describing the discussion and direction provided by the Commission on this item. If you have any questions please do not hesitate to contact me at (434) 296-5832. RR/SM CC: Kenneth C & Lenora R Shifflett 5168 Rockfish Gap Turnpike Charlottesville Va 22903 ZMA-2007-00016 Watkins 250 Rezoning PROPOSAL: Rezone 3.0 acres from R1 - Residential (1 unit/acre) to HC Highway Commercial which allows commercial and service uses; and residential use by special use permit (15 units/ acre) for a Landscape Contracting business PROFFERS: No EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Community of Crozet; CT -3 Urban Edge: single family residential (net 3.5-6.5 units/acre) supporting uses such as religious institutions and schools and other small-scale non-residential uses ENTRANCE CORRIDOR: Yes LOCATION: 5168 Rockfish Gap Turnpike/Route 250 West, east of Radford Lane & adjacent to Clover Lawn TAX MAP/PARCEL: Tax Map 56, Parcels 107C & 98D MAGISTERIAL DISTRICT: White Hall (Rebecca Ragsdale) In summary, a work session on ZMA-2007-00016, Watkins 250 Rezoning was held by the Planning Commission. In a power point presentation, staff summarized and provided an overview of the applicant's proposal. The Commission reviewed and discussed the proposal, answered the questions posed by staff and made comments and suggestions. The applicant made a power point presentation and addressed the following issues: Taper vs. turn lane; Fence vs cedars; Connection to old 250 and Water and sewer hookup. Public comment was taken. No formal action was taken. Public comment was received from the following persons: Anita Jacobson, an adjoining property owner, noted concerns about the large amount of commercial businesses on adjacent properties. She looks out of her guest room onto the house next door that is being requested to be rezoned for this use. She objected to more commercial property in the immediate area. Unfortunately she was only one of the other 18 home owners present to make that objection. She talked with some of the others and they also object. She asked that this property not be rezoned and be left the way it is. Scott Peyton, life long resident of western Albemarle and member of Scenic 250, said that he was deeply sympathetic to Mr. Watkins personal and professional needs. The county needs to step up to the plate and assist him. But, he was opposed to the proposed rezoning because of the visual and traffic impacts on Route 250. The Planning Commission reviewed and discussed the questions posed by staff and provided the following comments. 1. Is the proposed use appropriate at this location? What additional uses, if any, should be permitted? (Specific Use - Landscape Service — Home Business) The Planning Commission was split on the issue of whether the use is appropriate for a landscape service — home business on this site. Four Commissioners (Mr. Craddock, Mr. Edgerton, Mr. Morris and Mr. Cannon) recommended that that the applicant proceed with the review process and further refine their concept, particularly as it relates to buffering along Rt. 250 and adjacent to the Rural Area and residential uses in Clover Lawn. They also indicated they would want to see the allowable uses under the proposed zoning be restricted to only the use they seek. Traffic impacts were also noted as a concern by the Commission. Three Commissioners (Ms. Joseph, Mr. Zobrist and Mr. Strucko) disagreed with the concept. 2. Should the applicant be required to connect to public water and sewer? The Planning Commission was very concerned about the public water and sewer issue, but could not provide an answer about connecting to public sewer until staff provides additional information. It was noted that a special use permit would be required if they use more than 400 gallons per site acre per day. This is something that needs to be taken into consideration. The policy is if property is in the development area it should be on public water and sewer. The applicant may choose to use well water for watering landscape material. The cost of hook up fees to public utilities could be a consideration. The applicant did not know the current amount of water his business used daily. The Commission noted that additional information was needed before a decision could be made on this issue. The Planning Commission expressed the following additional comments and concerns: A suggestion was made that this use should be allowed in the Rural Area. Concerns were expressed about the traffic impact; interconnection; number of truck deliveries on site, particularly when talking about 18 wheelers and concerns about preservation along Route 250. Some Commissioners felt that the buffer as shown on the master plan would be greatly improved with what has been proposed. As far as the nursery use it may be a good transition from rural areas to commercial area.