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Home My WebLink AboutZMA200700022 Action LetterG 0. �g E 173 fi 7: �g E a) O < 0 o:- 0, E 0 co C) 70 U C> " 4 a) a) >) R R 2 -'E c'j I- c: 111.00 or 10, M- M� :E w c < 00 SO O> 0 '0 -6 LL 0 "o m rLo 0. c 0 m o co uj Q m 0 Z C: V m > (1) C> 0 U ID a W < tE 0 C>:, N y 0 r 0-0 U 0 E o c-, E ' 4) uj W U- 0 N 0 tp 0 a Q c> LL Z 04 K< N < 0= w 0 C'"6 -o E E N a) 0 CL CL 19 > *rl N o > N -0 -0 2 73 m Q O m L) > 0 0 -Fi z 15 (D 070 0 0 ;. 0 a) co E L? c 0 cL 2 (D ) -t-- CL E ,. 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COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDATITLE: ZMA 2007 — 022 Innovative Construction SU BJ ECT /PROPOSAL /REQU EST: Request to rezone 0.977 acres from HC, Highway Commercial to LI, Light Industrial, in order to use the existing building on site for a contractor's office and storage yard. STAFF CONTACT(S): Cilimberg, Echols, Grant LEGAL REVIEW: NO OWNER /APPLICANT PURCHASER: Woolen Mills Self Storage, LLC AGENDA DATE: April 9, 2008 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: YES BACKGROUND: On March 11, 2008, the Planning Commission held a public hearing on the Innovative Construction rezoning request. Staff and the Commission recommended approval of the rezoning request provided that the following be resolved prior to the Board public hearing: (See Attachment 1) 1. The applicant provides an agreement/proffer to hookup to water and /or sewer when either he expands his use or the water and /or sewer is brought to any edge of the property. 2. The plan and uses should be proffered. 3. Technical and language revisions to the proffers. DISCUSSION: The applicant has provided the following to address the Planning Commission's recommendations (See Attachment 11): 1. Proffer 4, describes that the Owner shall connect the property to public water and sewer within one year after each of these services becomes available either along the Avon Street Extended frontage of the property or within a public easement adjacent to the property. Until the connection to public water and sewer is made, the use of the property shall be limited to a single use permitted by Proffer 1. Furthermore, proffer 5 addresses the concern regarding the intensification of the site by stating that "until the Owner connects the Property to public water and sewer, there shall be no changes to the Propertyfrom what is depicted on the Plat......" 2. Proffer 1 describes the allowable uses and proffers 2, 3 and 5 describe the plan and what is allowed by the plan. 3. Proffers have been appropriately revised to address technical and language needs. RECOMMENDATION: Staff and the Planning Commission recommend approval of ZMA 2007 - 000022 Innovative Construction, inclusive of proffers dated and signed March 20, 2008, including the plan described as the J.V. Webster Property dated April 25, 2005. ATTACHMENTS: Attachment I: Planning Commission Staff Report, dated March 11, 2008 Attachment II: Proffers dated and signed March 20, 2008 pF AL� ti �'I12G1ISt�' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4012 March 28, 2008 Catherine J. Womack 530 E. Main St Charlottesville, Va 22902 RE: ZMA2007 -00022 Innovative Construction Tax Map 90, Parcel 35C Dear Ms. Womack: The Albemarle County Planning Commission, at its meeting on March 11, 2008, recommended approval, by a vote of 6:0, of the above -noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: The recommendations by staff in the staff report including the applicant's agreement to hook up to water and/or sewer when either he expands his use or the water and/or sewer is brought to any edge of the property. The existing proffers are substantively acceptable, but are still in need of technical and language revisions. Motion on Waiver Request: The motion passed by a vote of 6:0, for a waiver to Section 26.10.3, to allow the fence in the proffer to be constructed in the buffer. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 9, 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, Claudette Grant Planner Planning Division CG /SM cc: Innovative Construction Concepts Inc P.O. Box 561 Palmyra, Va 22963 Woolen Mills Self Storage Llc 131 Franklin St Charlottesville, Va 22902 POLICY SUBMISSION OF MATERIALS FOR ZONING APPLICATIONS It is the Board's preference that a public hearing should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staffwill advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy. Final signed proffers shall be submitted to the County no later than nine days prior to the date of the advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing resulting from comments received from the public or from Board members at the public hearing. This Zoning Policy will be included in the Board's Rules of Procedure for adoption each year, so that the policy can be re- examined annually.