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HomeMy WebLinkAboutZMA198900005 Staff Report 1989-06-13STAFF PERSON: RONALD S. KEELER PLANNING COMMISSION MEETING: JUNE 13, 1989 BOARD OF SUPERVISORS: JULY 5, 1989 STAFF REPORT: ZMA-89-05 - ANN HORNER Petition: ANN HORNER petitions the Board of Supervisors to rezone 2.836 acres from R-2 RESIDENTIAL to C-1 COMMERCIAL. Property, described as Tax Map 56A1, Section 1, Parcel 46A, is located on the south side of Jarman's Gap Road at the intersection with Rt. 1201 (Blue Ridge Avenue), in Crozet in the White Hall magisterial District. CHARACTER OF AREA: This site is vacant pastureland encumbered by flood plain and building site restriction. From available information, it appears that about 1.5 acres of the 2.836 acres of the property is outside of the 100 year flood elevation and the 100-foot development prohibition of 4.2 of the Zoning Ordinance. From field inspection, it does not appear that topographic features of this site reasonably delineate the extent of 100-year flood. Field Verification as to the extent of the flood plain should be required for any development. (Sections 30.3.2.2 & 30.3.2.3 of the Zoning Ordinance) The Planning Staff would not be supportive of encroachment into either restricted area provided that reasonable usage of the property is otherwise achievable (It should be noted that property boundaries were established in 1983, after adoption of 30.3 FLOOD HAZARD OVERLAY DISTRICT). This property is currently zoned R-2 Residential. All surrounding properties are currently zoned for and developed with residential uses. APPLICANT'S PROPOSAL; JUSTIFICATION FOR REQUEST: The applicant requests unfettered C-1 Commercial Zoning. The applicant has been made aware of citizen opposition but has not sought to improve the posture of the petition through voluntary proffered zoning restriction or a change of request to a less intensive commercial designation. The owner has stated that the request has been made "to market the property for its highest and best use." Justification for the request is that the "Comprehensive Plan, both that existing and that which is being reviewed, suggests the best use of this property to be for Commercial or Community Service businesses servicing the growing residential population in this area of the community." COMPREHENSIVE PLAN: The Comprehensive Plan states that: "The main thrust of land use planning for commercial uses is to strengthen the downtown area of Crozet as a shopping area. An area has been designated (almost all of the historic center and a substantial portion of the expanded town center) to enable the central business area of downtown Crozet to increase in size and, therefore, be the shopping center of Crozet. Unless such commercial expansion is encouraged, the downtown function will be supplanted by a 1 1 suburban type shopping center located somewhere outside of the community. The area designated in the downtown for commercial use is intended to include commercial office uses as well as the traditional retail and service uses characteristic of a CBD. This should help complement the historical and commercial area of the downtown./ An additional ingredient to the future success of strengthening the downtown will be the County's position with regard to commercial zoning on Route 250 West outside of the community; it will be necessary to limit such development to commercial functions that are solely orientated to the highway and not to local and convenience shopping and services or offices New commercial development in the downtown area will b a combination of filling in between existing buildings, conversion of buildings from other uses to commercial and development of new building complexes" (P 179). The Land Use Plan for Crozet recommends commercial designation for this property as well a properties to the east which are currently zoned and developed for residential uses. The proposed Comprehensive Plan recommends Community Service uses for these properties. Neither Comprehensive Plan proposes specific uses nor specific zoning categories. STAFF CONMUMT In this current request, County ordinance and policy are supportive of commercial designation for this property. However, the exact nature and extent of commercial development is to be determined by legislative act of the Board of Supervisors. The remainder of this report will address issues raised by the public. 1. Rural Setting: Objection has been raised that commercial development would be contrary to the rural setting of Crozet. Crozet has been designated for urban development in the Comprehensive Plan since 1971. 2. Traffic Increase: Any commercial designation would increase traffic over existing zoning conditions, unless accompanied by voluntary restriction as to the intensity of development. Virginia Department of Transportation stated that "this request in accordance with the Comprehensive Plan. This section of Route 691 is currently non -tolerable. A change in zoning from R-2 to C-1 would result in an increase in traffic from this property. [Virginia Department of Transportation] recommends that the entrance to this property align across from the western intersection with Route 1201." Due to the relatively small acreage and shape of the area subject to the development, comparative traffic generation figures are difficult to predict due to the varying character of C-1 uses. 3. Rezoning Premature: Comment has been made that other areas in Crozet are currently zoned for commercial usage but not developed accordingly and that such development should occur prior to additional rezoning. The Comprehensive Plan contains no incremental schedule for development. In the case of Crozet, other public comment has favored additional commercial zoning outside of the designated growth area under the opinion that adequate commercial zoning does not exist within the designated growth area. 4. Speculative Rezoning: Comment has been made that this rezoning is sought primarily to benefit the property owner as opposed to the general public. The Comprehensive Plan recommends commercial usage of this property at some date during the effectiveness of the plan (ie. 20 years). Therefore, there should be some perceived public interest served by such designation. However, the Commission and Board have not favored speculative rezonings where sensitivity of development is an issue. 5. Development within flood plain or restricted development area: As stated under CHARACTER OF THE AREA in this report, staff opinion is that regardless of the outcome of this petition reasonable usage of the land can be afforded without encroachment into areas restricted to development. 6. Commercial zoning inappropriate in residential area: As stated earlier, properties to the east although currently zoned and developed residentially, are recommended for commercial redevelopment by the Comprehensive Plan. Properties to the north, west, and south, however, are intended to remain (or be further developed) as residential. While the flood plain area provides increased development setback to buffer residential properties to the west and south, certain C-1 uses may prove inappropriate to the area due to noise, hours of.operation, appearance, and other factors. Under Commercial Land Use Standards, the Comprehensive Plan recommends that "commercial office uses should be employed as transitional areas between residential areas and heavier commercial or industrial areas" (p.130). STAFF RECOMMUDATION - Staff opinion is that unrestricted C-1 zoning may prove inappropriate to the area. The Comprehensive Plan recommends commercial usage of the property. Staff recommends that CO Commercial Office zoning would be more appropriate for the following reasons: 1) The Commercial Office zone is intended as a transitional zone between residential areas and more intensive commercial and industrial zones. As such, uses in the CO zone are intended to be compatible to adjoining residential areas. 2) The Comprehensive Plan states that "the area designated in the downtown for commercial use is intended to include commercial office uses as well as the traditional retail and service uses characteristics of a CBD" (p 179). 3) Some letters of objection have indicated that 3 office usage would be more tolerable than unrestricted C-1 zoning (The majority of objectors would prefer the property to remain residentially zoned). Staff recommends that the property not receive C-1 Commercial zoning, but that CO Commercial Office zoning would be appropriate. The commission should determine as to whether or not CO zoning is acceptable to the applicant. Should the applicant choose to pursue C-1 zoning, staff recommends denial of ZMA-89-05 Ann Horner. 4 ALBEMARLE COUNTY 55 57 lGLE N FEET "` �` �` . '- WHITE HALL DISTRICT SECTION 56 1 . 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