Loading...
HomeMy WebLinkAboutZMA198900005 Other 1989-07-21w COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 July 21, 1989 Virginia Gardner P. O. Box 6700 Charlottesville, VA 22906 RE: ZMA-89-05 Ann Horner Tax Map 56A1, Section 1, Parcel 46A Dear Ms. Gardner: The Albemarle County Board of Supervisors, at its meeting on July 5, 1989, unanimously approved the above -noted request 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 Jarmans Gap Road at the intersection with Rt. 1201. White Hall Magisterial District. Approved CO, Commercial Office zoning as requested by the applicant at this meeting. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sin Merely, i V. Way Cilimberg Direc r of Plan ng VWC/j cw cc: Ann Horner Kathy Dodson Community Development �� pti ALEk,Ei p1 11- 't VEEtGIN�P COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 June 29, 1989 Virginia Gardner P. O. Box 6700 Charlottesville, VA 22906 RE: ZMA-89-5 Ann Horner Dear Ms. Gardner: The Albemarle County Planning Commission, at its meeting on June 27, 1989, by a vote of 4-2, recommended denial of the above -noted petition to the Board of Supervisors. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on July 5, 1989. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, �Zuc&t Ronald S. Keeler Chief of Planning RSK/jcw cc: Ms. Lettie E. Neher Ms. Ann Horner ZMA-89-5 Ann Horner - Request to rezone 2,836 acres from R-2, Residential to C1, Commerciaop Property, described as Tax M 6A1, Section 1, Parcel 46A, is located o the south side of Jarman's Gap oad at the intersection with Rt. 1201. White Hall Magisterial District. Deferred from June 13, 1989 Planning Commission Meeting. 011 Mr. Keeler explained that this request had been deferred previously in order for the applicant to submit a proffer. He noted the following technical issues related to the proffer: "The applicant proffers that 'all uses by right in CO districts will be acceptable.' The County Zoning Ordinance is not a cumulative ordinance and, therefore, only CO uses expressly listed in the C-1 zone would be available." "The applicant has proffered deletion of some or all of: 22.2.1.b.17, 22.2.1.b.18 and 22.2.2.2. These are public uses and public utility types of uses which should not be deleted." June 27, 1989 Page 2 Mr. Keeler explained the applicant's proffer. The applicant was represented by Ms. Virginia Gardner. She offered little additional comment except to say that the applicant had attempted to delete those uses which might be objectionable to the neighborhood. Mr. Keeler called the Commission's attention to a new piece of information which was included in their packet, i.e. a petition, the signers of which either (a) support Commercial Office zoning; or (b) do not support any commercial zoning at all. The Chairman invited public comment. Mr. Leonard Tosto, an adjoining property owner, addressed the Commission. He felt the re -zoning was premature. He was concerned about increased traffic and public opposition. He felt the property was not suitable for commercial development because of topographical considerations. There being no further public comment, the matter was placed before the Commission. Mr. Jenkins stated that even though the Board has been under pressure to come up with commercial area in Crozet that is not in the watershed, he was still opposed to this property be designated as commercial because of its proximity to residential development. He noted that he did not know if he would be in support of commercial office either unless it was acceptable to the residents. Mr. Jenkins moved that ZMA-89-5 for Ann Horner be recommended to the Board of Supervisors for denial. Mr. Rittenhouse seconded the motion. Discussion: There was a brief discussion about the existing zoning on surrounding properties. (Two other neighboring property owners expressed their opposition to the proposal.) Mr. Bowerman pointed out that the Commission had recently denied a rezoning for a shopping center on 250W based upon the recommendation in the Plan that the commercial be in this area. He agreed, however that the C-1 rezoning originally requested by the applicant (prior to the proffer) was inappropriate. He stated he did not see much difference in C-1 with the applicant's proffer, and CO. He felt the use was not more intense though there was greater flexibility. He concluded he could support the applicant's request for the rezoning. Mr. Wilkerson agreed. 0 • June 27, 1989 Page 3 Mr. Bowerman noted that he was sympathetic to Mr. Jenkins' and the public's point of view. Mr. Rittenhouse stated he felt "sensitivity of development" was an issue in this case. He explained: "I think the flavor, although some of the C-1 uses have been proffered out, is still one of a speculative rezoning." He noted no particular use has been proposed. He also pointed out that some of the uses which have not been proffered out would not be allowed in CO zoning. He noted that there exists a residential development with a proposal to rezone a portion of that for some unspecified commercial use. Mr. Jenkins indicated he could not support the proposal simply because there is pressure for commercial area in Crozet, given the citizen opposition. Mr. Stark stated that if the developer had propos d a specific use that would be beneficial to the neighborhood and had "sold'Ro the residents, then he would have been able to support the request. Mr. Michel stated he felt staff's recommendation for CO had been appropriate from the beginning. Mr. Bowerman stated he understood the concern, but he "had a problem using the Comprehensive Plan in ways that are suitable to me at the time and not trying to generally apply it in all cases, and this is a situation where we looked at the maps and we looked at the uses for Crozet and tried to understand the requirements the Crozet community would need and we put those in place in the Comprehensive Plan. On a case -by -case basis you can rezone anything but you don't look at it in terms of the context of the Plan. I certainly recognize that there is decided opposition to this rezoning in this particular location because of the residential, but it has to start somewhere." Mr. Michel stressed that staff had mach a very strong recommendation for CO, but the applicant chose to meet it 75% of the way but did not go all the way. ,He felt staff's recommendation was correct because there is a difference between CO and C-1 and that difference is still evident even with the proffer. The Chairman called for a vote on the previously -stated motion for denial. The motion passed (4:2) with Commissioners Bowerman and Wilkerson casting the dissenting votes. p: AL,,! 7 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 MEMORANDUM TO: Albemarle County Planning Commission FROM: Ronald S. Keeler, Chief of Planning %K-% DATE: June 27, 1989 RE: ZMA-89-05 Ann Horner Proffer of June 19, 1989 On June 20, 1989 you received the applicant's proffer to limit C-1 uses as well as a petition from residents in the area. This matter is before the Commission to evaluate whether or not the applicant's proffer adequately reflects the public interest. Therefore, staff comment is limited to technical issues of the proffer: 1. The applicant proffers that "all use by right in CO districts will be acceptable." The County zoning ordinance is not a cumulative ordinance and, therefore, only CO -uses expressly listed in the C-1 zone would be available; 2. The applicant has proffered deletion of some or all of: 22.2.1.b.17 22.2.1.b.18 22.2.2.2 These are public uses and public utility types of uses which should not be deleted. RSK/jcw Fe" -6 F,Vr-- Kedu. June 22, 1989 Ms. Amelia Patterson Department of Planning and Community Development 401 McIntire Road Charlottesville, VA 22901 Dear Ms. Patterson: RE 2MA- 89-0 5 I attended the June 13 hearing on the rezoning request listed above and was surprised that the petitioner's agent was neither informed of the current status of the request nor prepared to speak concerning it. Both seem to me to be obligations of the petitioner, and failure to fulfil these obligations causes further inconvenience to the public as did the failure to post the property properly. Because consideration of the proposal has been delayed by the petitioner, we will not be able to attend the hearing. We still urge that no zoning change be made. No matter what commercial operation is situated there, it will be, and will contintue to be, surrounded on four sides by residences and residential property. Note that the petitioner never considered making the property commercial when she lived in the house facing it. PA Regarding the agent's June 19 proposal, I was not aware that property owners could, as it were, create their own "zones." She proposes so many limitations on C-1 that it can hardly be considered C-1. Two uses she would maintain, food stores and day care centers, are most unsuited to the traffic situation of the site. Both generate much traffic (with that of day care centers clustered, as observation of any day care center will reveal) which the already dangerous intersection on Jarman Gap Road cannot bear. The operating hours of a "food" store (probably a "convenience" store) would also be most disruptive to this purely residential district. We hope that the Planning Commission will not destroy the integrity of our residential neighborhood by approving this request for speculative, isolated commercial development of a centrally located plat. Sincerely your. Jon and Mary Mikalson Route 3, Box 430 Crozet, VA 22932 JUN 26 1989 ALBEMARLE COUNTY ZONING DEPARTMENT �H As citizens of Crozet, we are opposed to rezoning of parcel 46A from R-2 residential to C-1 commercial. Numerous reasons have been covered in the many letters sent to the Planning Commission. Most of our concerns stem from the fact that all the surrounding land is zoned and developed residentially. We prefer lot 46A to remain residentially zoned. But we are hopeful of finding a solution that is acceptable to all and in keeping with the Comprehensive Plan. Based on the Planning Commission Staff's report, we support the recommendation to deny C-1 Commercial zoning, but that CO Commercial Office zoning. appropriate. We request that you follow the Staff recommendation. Vial JUN 20 1989 PLANNING DIVISION /1n�„ .,.✓.�.� � h-� /r�7,f /�1.: f /.`!� �� l'S.'1� (,%7� �.�-/]''7..irf (/"�� :,1•�%C/ �i _ C frc Q- z Zci Z 2- �`(LL%els , , i tt , —1 � 3 0 jj,,�-6A` -1) � 04- 2 21 5; 3 -2-1 4 - 7 -11 41 j. VJL .a • VA Z,Zq 3 Z J Oct I / 0 r VG( e)ox 3 ���Z �. ;��/ (ZA-lz� /y, -5 7geT- J 61 • f 3 An� �< 4� 7 6'�2-et V n- ' 5 gc9—Y 4(41 7 r4.r_>7,,-- L,f1 -Z Z `� �� •2 0 0 A MEMBER OF THE SEARS FINANCIAL NETWORK BAILEY REALTY CO. TO: Members, Albemarle County Planning Commission FRUM: Virginia Gardner, agent RE: ZMA -89-05 DATE: June 19, 1989 1L16S IRIU 14 )AD Pll HOX 6700 (,HAHi Ol R SVII I l VA 729116 Following the June 13 hearing, Mrs. Horner has reconsidered her request to rezone her property from R-2 to C-1. She has taken the remarks of adjacent property owners, the Planning Staff, and Planning Commission under serious advisement and has considered the uses permitted by right in C-1 in terms of probable hours of operation, and the potential for noise and odor which may be a product of particular types of businesses. She hereby petitions the Planning Commission's consideration of rezoning this property from R-2 to C-1, with the following restrictions. An Independently Owned and Operated Member of Coldwell Banker Residential Affiliates. Inc. ®M�s- RE: 2MA-89-05 All uses permitted by right in CO districts will be acceptable. Retail sales and service establishment uses permitted by right in C-1 districts will be permitted with the following exceptions: J. uepartment store. 2. Grocery stores, milk dispensary. 3. Furniture and hone appliances (sales and service) . 4. Hardware store. 5. Musical instruments. 6. Newsstands, magazines. 7. Optical goods. 8. Photographic goods. 9. Visual and audio appliances. 10. Sporting goods. The services and public establishments permitted by right in C-1 districts will be permitted with the following exceptions: 1. Fire and rescue squad stations (reference 5.1.9). 2. Health spas. 3. Indoor theaters. 4. Laundries, dry cleaners. 5. Laundromat (provided that an attendant shall be on duty at all hours during operation). 6. Automobile service stations (reference 5.1.20). 7. Electric, gas, oil and communication facilities excluding multi - legged tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. 8. Public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5, 5.1.12). 9. Temporary construction uses (reference 5.1.18). 10. Automobile, truck repair shop. (Added 6-3-81). 11. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86). None of the uses permitted by Special Use Permit in C-1 districts will be permitted by right or Specila Use Permit. 22 0 COMMERCIAL 'C-1 22.1 INTENT, WHERE PERMITTED C-1 districts are hereby created and may hereafter be established by amendment to the zoning map to permit selected retail sales, service, and public use establishments which are primarily oriented to central business concentrations. It is intended that C-1 districts be established only within the urban area, communities, and villages in the comprehensive plan. In order to permit flexibility of development within this district in conformance with the stated intent, the commission may, in a particular case, modify, vary, or waive certain requirements of section 21.0 as hereinafter provided. 22.2 PERMITTED USES 22.2.1 BY RIGHT The following uses shall be permitted in any C-1 district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact, and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. a. USES pV-0rFerzE.n Ov i 3E-MA09 - 05 The following retail sales and service establishments: 1. Antique, gift, jewelry, notion, and craft shops. 2. Clothing, apparel, and shoe shops. 4. Drug store, pharmacy. 5. Florist. 6. Food and including such specialty shops as bakery, candy,-milk-� and wine and cheese shops. ce -145- �M A; S� ' 0 5 USES �P2oFFER E-"D O uT 10. ipe and tobacco shops. 15. Retail nurseries and greenhouses. b. The following services and public establishments: 1. Administrative, professional offices. 2. Barber, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). 5. Financial institutions. 7. Funeral homes. ao accutc�i �e-J, ��' h�.� vvev�� at dxx rr c r 12. Libraries, museums. 13. Nurseries, day care centers (reference 5.1.6). 14. Eating establishments. 15. Tailor, seamstress. er s ruc u including ers, p , -146- L.. AL i MDR g9 - 015 USES-FkZFFE12 aP D 1L 6. 1 �• ppurten- ances owned and operate y 18. Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5)- , artn CLac ra r—ter�'iZz P14rr r� i T 1 G J D r 20. Dwellings (reference 5.1.21). 21. Medical center. b 1. Commercial recreation establishments includin but not limited to amusement enters, bowling a eys, of halls and dance halls (Amended 1-1-8 2. Electrical power substations, ransmis ion lines and related,_towers; gas or oil transmisskon lines, pumping stations and appurtenances;/unmanned telephone exchange centers; micro -wave and;-r'adio-wave transmission and relay towers, substations and appurtenances. 3. Hospitals. 4. Fast food restaurant., 5. veterinary office an h spital (reference i 6. Unless such uses re-otherw-Ise provided in thip 4ection, uses permitted in section 18.0 residerit� al - RL 15 , in compliance with regulations set forth therein, and, such conditions as m y be imposed puruant td section 31.2.4. 7. Hotels, motels and inns. 8. Mo r ve cle sales and rental in communi es and the u an area s designated in the comprehensi e plan. Added 6-1- ). -1 � - (Supp. #31, 3-5-86) 9. arking structures located wholl _ partly above grad ed 11-7-84) 10. Commercial s otherwise tted having drive-in wi (Added 11-7-84) 22.3 ADDITIONAL REQUIREMENTS In addition to the requirements contained herein, the requirements o-f section 21.0 commercial districts, generally shall apply within all C-1 districts. (Amended 3-17-82) (Amended 7-10-85) -147.1- (Supp.27, 7-10-85) 0 AFFIDAVIT DATE /�v,, / % W I, Ronald S. Keeler, hereby certify that the attached notice(s) was sent on the above date to all persons listed on said notice. M�ek� Ronald S. Keeler Chief of Planning Given un4er my hand )in the County of Albemarle, State of Virginia ( this ay of �--t=1.'(_'- .) '19F7. N(akary Public My commission expires 10. FILE: ZMA-89-Horner • C� June 14, 1989 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 Virginia Gardner P. O. Box 6700 Charlottesville, VA 22906 RE: ZMA-89-5 Ann Horner Dear Ms. Gardner: The Albemarle County Planning Commission, at its meeting on June 13, 1989, unanimously deferred the above -noted petition to its June 27, 1989 meeting. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, P':N - Ronald S. Keeler Chief of Planning RSK/j cw cc: Ann Horner COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 June 14, 1989 Central Virginia Builders, Inc Nathaniel Crocker or Paula Norton Ernest B. & Betty J. Dameron Early I. & Maude Kent Ellinore B. Kral Nellie P. McAllister, Life Estate Joanne L. G. Moyer Leonard C. or Carol A. Tosto Lyle A. & Nanie B. Wagner RE: ZMA-89-5 Ann Horner Dear Sir or Madam: This letter is to notify you as an adjacent property owner that the Albemarle County Planning Commission, at its June 13th meeting deferred the above -noted petiton to its June 27, 1989 meeting. If you should have any questions, comments or observations concerning this petition, please do not hesitate to contact me. Sincerely, FA (� Ronald S. Keeler Chief of Planning RSK/jc cc: Lettie E. Neher ALBEMARLE COUNT 40 I Ar jALBEMARLE COUNTY: 1 2F� 2 3 f AC / �� 4A 4 48 6 SECTION'738 U! _ _� �UOAEL NILLS / j / /// t110xEi ELEw. sclgOL 10 73 �- 9 / 72 7AC 73C• 71 \ ° 13 T8 \76 �A 75 2 2 15 126 /vv 80 114 °per \ ` ) \6 82 p<. � III , 112 115 2 16 103A 10 1 12tk 9 8� 85 84 83, \ \2p2 1038 it 6 I B �Bpv 6 Io1 q II7 \ 88 7 101A 103 110� 19 69/ 9 `�C 2oc 95 99\I� 104 109 / 65' 8 12 QD 94 \ I w0 109A 120 , 4 t IP4 91 �t 2 1 19 ` I N I 24F ,90A 90B 92� - - 1 10�' 107� 12'.. 4 3 RE - B3 _\T\ 102 102A 121 6 si 56E °E 22 . V 24A � 11k � 96 97 38 105 ,%104 21 24B 24C y0 91A iB �. �[ . A 93A ` AVE.1 — , 17B \ R IM1 ppAO 240 63 '64 �\17A\ �ISA'23 ,23 p' 24 4\/ — 17 37 \9 3A , CI 60p 15 16 27 28 36 38 41 57 26A ISA \.��• /\ yy► .��, �45 S6 29 35/` 42 gA , CP p I ` 34 3 �440 53 25\ / 44A4 I 52 26 33 y 3x Ati4 /\\' \ !ZA ✓ �`. Aye' 26� 30 S I i� \N 6 30A A 49 �Jc 31 AhA Q`. FOOI\� / zn�A B q— 5 SMALL ACREAGE 8 WAYLAND PARK EXT. y f C(DEE)BOOK 409 pg.391) ®2 WAYLAND PARK — CROZET DEV. CO. D.B. Pg.215 / �3 ST GEORGE ACRES D B 408 -416 SCALE IN FEET 0 600 �00 WHITE HALL DISTRICT CROZET INSERT SECTION 560) ZMA-89-5 Ann Horner - Request to rezone 2.836 acres m R-2, Residential to C1, Commercial. operty, described as Tax Map 4, Section 1, Farcel 46A, is located on the south side of Jarman's Gap Road at the intersection with Rt. 1201. White Hall Magisterial District. Deferred from May 16, Planning Commission Meeting. Before present the staff report, Mr. Keeler explained that staff had received a letter which questioned whether proper notice had been given for this petition, particularly that the property had not been properly posted. Mr. Keeler explained that the Zoning Ordinance requires that the property be posted at least 15 days prior to public hearing. The Chairman invited applicant comment on this issue. Ms. Virginia Gardner represented the applicant. She explained that the property had been posted prior to the original hearing but had not been posted again after the item was deferred. • June 13, 1989 Page 2 The Chairman asked Mr. Bowling to comment. (Mr. Keeler interjected that the item had been deferred to a date specific so readvertisement was not required.) Mr. Bowling determined that the posting had been made 15 days prior to the original hearing date. He stated: "The intent of the Ordi- nance is to post notice to the public —and if the applicant certifies that the property was posted as required by the Ordinance then there has been a good faith attempt to meet the requirements of the Ordinance and that plus the published notice plus the letters sent to the adjoining property owners I think meets the intent and spirit of the Ordinance and statutes. ... I think the Commission can proceed." Mr. Bowerman noted that the property should be posted again before the Board of Supervisors hearing. Mr. Bowerman also confirmed that adjacent property owners are re -notified when an item is deferred. Mr. Bowerman determined that the item was properly before the Commission. Mr. Keeler then presented the staff report. Staff's opinion was that "unrestricted C-1 zoning may prove inappropriate to the area and that CO Commercial Office zoning would be more appropriate." The Chairman invited applicant comment. Ms. Gardner addressed the Commission. She stated the applicant feels CO zoning was very limiting and some of the CO uses are not as appropriate as C-1 uses. She noted that the applicant is very concerned about neighborhood objection, and had authorized her to discuss some'�estricted usage." She was uncertain as to how this could be accomplished. Mr. Bowerman explained the proffer process to Ms. Gardner. Noting that it was apparently the applicant's preference not to consider CO, but rather to pursue C-1 with restricted usage, Mr. Bowerman suggested that the applicant request deferral to allow time to consider the issue and present a written proffer. Ms. Gardner asked for some assurance that this would not be a futile effort. Mr. Bowerman explained that he could not speculate on what the Commission's action would be on a different application. Ms. Gardner requested that the petition be deferred. She indicated she felt she understood the concerns and thought a compromise could be reached. Mr. Bowerman noted that he felt the Comprehensive Plan recommendation for Crozet was valid and he felt he "could look favorably on a request for commercial zoning in this area if it could be tailored in such way to be compatible with the surrounding area but recognizing that the plan calls for that." He stressed that he spoke for himself and not for the entire Commission. Mr. Jenkins expressed concern about the amount of negative citizen input and noted that his future action on this proposal would be influenced by how the proposal was received by the citizens. 0 . June 13 1989 0 Page 3 It was determined the item could be rescheduled for June 27 and Mr. Keeler asked that a written proffer be in staff's hands by June 20. It was determined there was no public comment. Mr. Jenkins moved that ZMA-89-5 for Ann Horner be deferred to June 27. Ms. Diehl seconded the motion which passed unanimously. �q a� AD +Y, 1 ------------------------y-- ----------------- 1 1 1 QQ o Ri. 3IV t TO 1 i 1200 810 1 1 1 1 0 Py 1 1 1 1 1 1 76 810 1 1 1 1 1� 1 1 1 bF, 'Sy 0 78 �ti o i 1 1 0 J 0. 1211 1 1 �e 684 788 789 . �0 1212 �' 1 1 p1� 1 1 1 1226 1202 1211 1 1 1 1225 1214 0� 010 1 1 1 0 1219 0 1213 810 1 1 1 1 C's+sO Q .1• 0 1 1too ° 1218 A or, 8f 1 ' 788 1 1 1206 °o� ool 1202 1 1 1 1 1207 1203 1 1 1 11.16M1 0-20 ��� p 1201 0 °i? �0 1216 1 1 q� 1206 0 179�9 Q0 1217 rozet 240 1 1 1 691 `O./o •07 °j3 1210 � �1L1'1'A 1 1 �� 691 1 1 1 1 1 1215 0 015 0.21 691 g+ 1209 1 1 1 1 12 44 0'� 1205 1 1 1 1 1 1 1 0 1 1 1204 240 1 1 1 1 1 1 1204 1 1 1 1220 1222 1 1 ab o 1221 1 1 1222 _ L---- ---------------------- 0.56M1. MRT.GM 1 1 1 . 1 1 795 e 1 1 1 1 1 i 2Q 0+ 1 795 R 1 726 0 1 1 1 Q 1 ,�, 726 ob 864 11.ro M1. 10- \ 1 _ 117% 1 726 737 1 1 1 lo 1302 Qt 0.16 726 T• 1302 j T• 1304 (`G T•1301 1 1 T• 1303 h 1 0 1 1301 1 1 1 T-13 ------------- 0 Ms. Amelia Patterson Department of Planning and Community Development 401 McIntire Road Charlottesville, VA 22901 Dear Ms. Patterson: G131 �5 PLANNING DIVISION We wish to support the concerns of our neighbors that a residential plot (ZMA-89-5) may be rezoned to place a commercial development in the midst of our neighborhood. If done, the commercial lot would be surrounded on tour sides by homes and residential property. We understand the Planning Commission's loyalty to its Comprehensive Plan, but we think that the brief stretch of land designated commercial on Jarman Gap made sense only in light of the Planning Commission's recent proposal to designate aU of Blue Ridge Avenue, with its 20 residences, commercial. Since the Commission gave up that proposal after community opposition, we think it follows that the stretch on Jarman Gap Road, which would have been contiguous with the Commission's Blue Ridge development, should also be kept, as it is, residential. The intersections of Blue Ridge and Jarman Gap and of Carter Street and Jarman Gap are already dangerous, and a business there would significantly increase the danger. We are also concerned for the protection of the creek running at the back of the property. At the very least we ask that an environmental impact 2 study be done, and that any environmental limitations be placed on the development of the property. The owner of the property now lives out of state and sought the zoning change only alter leaving. She is seeking the zoning change for one purpose only: to get more money for the sale of the property. The owner has no interest in bettering the community, the neighbors are against the change, and the result would be at best only another strip of unintegrated commercial aevelopment. We ask that the Planning Commission recommend the zoning change request be denied. Ana, finally, we enclose an article from the May 31, 1989 Bulletin to show that the property has not been, as required by law, properly posted ano community members have not been able to identify the property under consideration. Sincerely yours, 7 0 . I We-, Jon and Mary Mikalson Route 3, Box 430 Crozet, VA 22932 BAILEY REALTY CO. �- I LL, ACC ��� ('l � /71 /U 4f* j'L-'e-7t- GL k- (,c 61C 6 1 '� -e-tom lcut 1455 E R 0 ROAD. PO BOX 6700 I( CHARLOTTESVILLE. VA 22906 MAY PLANNING DIVISION Ac'l -0 'WL t- .1 - ) z 60 C ' ILA - It, 1/0 An Independently Owned and Operated Member of Coldwell Banker Residential Affiliates, Inc. P7 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 May 18, 1989 Virginia Gardner P. O. Box 6700 Charlottesville, VA 22906 RE: ZMA-89-5 Ann Horner Dear Ms. Gardner: The Albemarle County Planning Commission, at its meeting on May 16, 1989, unanimously accepted without prejudice, your request for deferral of the above -noted petition. Therefore, this item has been rescheduled as follows: ALBEMARLE COUNTY PLANNING COMMISSION: JUNE 13, 1989 ALBEMARLE COUNTY BOARD OF SUPERVISORS: JULY 5, 1989 If you have any questions, please do not hesitate to contact me. Sincerely, k lia Patterson Senior Planner AMP/jcw cc: Ann Horner _y OF ALBS. COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 May 4, 1989 Central Virginia Builders, Inc Nathaniel Crocker or Paula Norton Ernest B. & Betty J. Dameron Early I. & Maude Kent Ellinore B. Kral Nellie P. McAllister, Life Estate Joanne L. G. Moyer Leonard C. or Carol A. Tosto Lyle A. & Nanie B. Wagner RE: ZMA-89-5 Ann Horner Dear Sir or Madam: This letter is to notify you as an adjacent property owner that the applicant for the above -noted item has requested that this item be deferred from the May 16th Planning Commission agenda. Therefore, this item has been rescheduled for public hearings as follows: ALBEMARLE COUNTY PLANNING COMMISSION, TUESDAY: June 13, 1989 ALBEMARLE COUNTY BOARD OF SUPERVISORS,WEDNESDAY: July 5, 1989 If you should have any questions, comments or observations concerning this petition, please do not hesitate to contact me. Sincerely, Amelia Patterson Senior Planner AMP/ jcw cc: Lettie E. Neher ��I12(:INVP , COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 April 28, 1989 Virginia Gardner P. O. Box 6700 Charlottesville, VA 22906 RE: ZMA-89-5 Ann Horner Dear Ms. Gardner: This letter is to notify you that your above -referenced request to rezone 2.836 acres from R-2, Residential to C1, Commercial; has been scheduled for public hearings as follows: ALBEMARLE COUNTY PLANNING COMMISSION, TUESDAY: May 16, 1989 ALBEMARLE COUNTY BOARD OF SUPERVISORS, WEDNESDAY: June 7, 1989 Both of these meetings will be held at 7:30 p.m., Meeting Room #7, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. 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 should have any questions or concerns about this petition or schedule, please do not hesitate to contact me. Sincerely, Ot�.et_" Ta'_kg_e�, Amelia Patterson Senior Planner AMP/jcw cc: Ms. Lettie E. Neher Ann Horner COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 April 28, 1989 Central Virginia Builders, Inc Nathaniel Crocker or Paula Norton Ernest B. & Betty J. Dameron Early I. & Maude Kent Ellinore B. Kral Nellie P. McAllister, Life Estate Joanne L. G. Moyer Leonard C. or Carol A. Tosto Lyle A. & Nanie B. Wagner RE: ZMA-89-5 Ann Horner Dear Sir or Madam: This letter is to notify you as an adjacent property owner of the above -referenced request to rezone 2.836 acres from R-2, Residential to C1, Commercial. Property, described as Tax Map 56A1, Section 1, Parcel 46A is located on the south side of Jarmans Gap Road across from the intersection with Rt. 1201. White Hall Magisterial District. This petition will be reviewed and public comment received according to the following public hearing schedules: ALBEMARLE COUNTY PLANNING COMMISSION, TUESDAY: May 16, 1989 ALBEMARLE COUNTY BOARD OF SUPERVISORS,WEDNESDAY: June 7, 1989 Both of these meetings will be held at 7:30 p.m., Meeting Room #7, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. Should you wish to attend these meetings, you may call this office during the week of the meeting to ask the tentative time the item is scheduled on the agenda. ZMA-89-5 Page 2 April 28, 1989 You may review the file in the Planning address above. If you should have any observations concerning this petition, contact me. Sincerely, Amelia Patterson Senior Planner AMP/ j cw Department, at the questions, comments or please do not hesitate to AFFIDAVIT DATE I, John T. P. Horne, hereby certify that the attached notice(s) was sent on the above date to all persons listed on said notice. dr6hn T. P. Horne Director of Planning & Community Development Given under my hand in the County of Albemarle, State of Virginia this Z- `�" day of Notary Public My commission expires %L%,Q, /P 19j. FILE: ZMA-89-Horner