STAFF PERSON:                                                                                          FRANCIS H MACCALL     

PLANNING COMMISSION:                                                                      JUNE 22, 2004

BOARD OF SUPERVISORS:                                                                      JULY 14, 2004

 

SP 2004-010 Kimco L.C. (Brown, Flow, Crown) Stand-Alone Parking

 

Applicant's Proposal: The applicant is proposing to use the former lumber storage area at the rear of the Moore’s Building on US Route 250 East as a stand-alone parking lot, to allow the Brown Automotive, Flow, and Crown Motors auto dealerships to park inventory that will not fit in the existing locations that are located on Richmond Road, US Route 250 E.  There are no physical changes proposed for the site. (Attachment A)

 

Petition: The petition is for approval of a special use permit, (in accordance with Section 24.2.2 (12) of the Zoning Ordinance) to allow stand-alone parking. (Attachments A)  The property, described as Tax Map 78 Parcel 16 is 4.87 acres, and is zoned HC, Highway Commercial and EC, Entrance Corridor.  The property is located on Richmond Road (US Route 250E), approximately .1 mile from the intersection of Richmond Road and Stony Point Road (US Route 20N), in the Rivanna Magisterial District.  The Comprehensive Plan designates this property as Regional Service in Neighborhood 3. (Attachments B & C.)

 

Character of the Area: The property is located at the former Moore’s Lumber site on Route 250 East at Pantops Mountain.  The property is immediately adjacent to a car wash and there are a total of seven automobile dealerships along this stretch of Route 250 East. 

 

RECOMMENDATION:  Staff has reviewed the proposal for conformity with the Comprehensive Plan and the Zoning Ordinance and recommends approval of the special use permit with conditions.

 

Planning and Zoning History: The history of the parcel is as follows:

All throughout the 1990’s the site has had multiple site plan amendments usually regarding the addition of the lumber sheds in the rear.  The site has also been used for multiple temporary events.


VIOLATIONS: This site is currently under violation and has been since August 2003.  The owner was cited with an official notice of violation in late February 2004. 

 

Comprehensive Plan and The Neighborhood Model: Requests for special use permits in the Development Areas are assessed for conformity with the Neighborhood Model and the Land Use Plan. The Land Use Plan shows this area as Regional Service.  The property has been used as a location for temporary events, approved by the County, since the Moore’s Lumber business closed its doors.  The proposed use of a stand-alone parking lot for some of the local automobile dealerships would not be a departure from the current land use and character of the area. 

After analysis of the twelve principles of the Neighborhood Model with regards to the stand alone parking staff has found that ten of (Pedestrian Orientation, Neighborhood Friendly Streets and Paths, Parks and Open Space, Neighborhood Centers, Buildings and Spaces of Human Scale, Mixture of Uses, Mixture of Housing Types and Affordability, Redevelopment Rather than Abandonment, Site Planning that Respects Terrain, Clear Boundaries with the Rural Areas) the twelve principles are not applicable to this proposal mainly because there is no new physical development proposed.  The ways in which the proposed project meets the principles for development in accordance with the Neighborhood Model is provided below: 

 

Interconnected Streets and Transportation Networks - Staff has been considering some potential vehicular connections in and around this area and felt that having the use expire after one year leaves the door open to smother negotiations in the future if a road connection were to be developed here.  So by agreeing to the time limit on the use the applicant is promoting this principle.

 

Relegated Parking - The proposed location of the parking is relegated from Route 250.  These vehicles are behind the existing building and well below the grade of Route 250. 

 

Engineering Analysis: The County’s Engineering staff has reviewed this request for engineering issues related to health, safety, and welfare requirements. The Engineering Department is recommending approval.

 

STAFF COMMENT: The applicant has agreed to limit the use to one year.   Staff believes that the redevelopment of this area will eventually provide for a possible road connection.  Staff knows that this is a “band aid” fix for the automobile dealerships involved since all three (3) are or will be going through some major site redevelopment in the near future. (Attachment A & D)  The applicant should be aware that if the Board of Supervisors decides to approve the permit, before the use can lawfully begin the permit conditions must be met and a zoning clearance must be obtained through the Department of Community Development.

 

SPECIAL USE PERMIT: Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be assessed as follows:

 

Will the use be of substantial detriment to adjacent property?

There will not be a substantial detriment to the adjacent properties because the parking of vehicles is a commercial use that is much less intense than many other by right use in the HC.

 

Will the character of the zoning district change with this use?

The character of the zoning district will not change with this use.  The use of the commercial property by automobile dealerships actually fits with the character of Pantops Mountain.  There are no physical changes to site layout or structures that would change the character of the area.

 

Will the use will be in harmony with the purpose and intent of the zoning ordinance?

The purpose and intent of the HC, Highway Commercial zoning district is stated as follows in the ordinance;

            “HC districts are hereby created and may hereafter be established by amendment to the zoning map to permit development of commercial establishments, other than shopping centers, primarily oriented to highway locations rather than to central business concentrations. ...  It is further intended that this district shall be for the purpose of limiting sprawling strip commercial development by providing sites with adequate frontage and depth to permit controlled access to public streets.” 

If there was a primary use of the property or if any of the individual automobile dealerships were to own this property, the use of the property for sale of automobiles would be a by right use and all that would be needed would be a Special Use Permit for outdoor display if the vehicles were visible from the Entrance Corridor and a site plan.  The vehicles will not be visible from the Entrance Corridor at the location proposed and with the current configuration of the buildings (Attachment A & D)

 

Will the use be in harmony with the uses permitted by right in the district?

The proposed use will not restrict permitted uses on surrounding properties.  Staff does believe that this use will be in harmony with the other uses permitted in the district.

 

Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?

The additional regulations provided in Section 5.1.41 require a site plan be approved for the use.  There is a site plan amendment that staff is currently reviewing and should be able to recommend for approval.

 

Will the public health, safety and general welfare of the community be protected if the use is approved?

The public health, safety, and general welfare of the community is protected through the special use permit process which assures that uses approved by special use permit are appropriate in the location requested.  

 

SUMMARY

 

Staff has identified the following factors, which are favorable to this request:

 

  1. The vehicles will not be visible from the Route 250 East.
  2. The use will be limited to one year unless the applicant applies for an extension by amending this Special Use Permit. (See conditions)

 

Staff has identified the following factor, which would be unfavorable to this request.

 

  1. The property is currently being used as a stand alone parking lot in violation of the Zoning Ordinance.  The applicant is trying to get the Special Use Permit to correct the violation and may not be in compliance before the Special Use Permit is granted.

 

RECOMMENDED ACTIONS

 

SPECIAL USE PERMIT: Staff recommends approval of the special use permit request to allow stand-alone parking with the following conditions:

 

1.      A site plan amendment shall be submitted for approval, which shall be in general accord with the concept plan on Tax Map 78 Parcel 16, dated 3/19/04.  (Attachments A)

2.      At least one sign shall be posted in the parking area that identifies the use as parking for Brown Automotive, Flow Companies of Charlottesville, and Crown Motor Company only, with size and location of the sign to be determined and approved by staff.

3.      No customers of the three (3) dealerships noted above shall be permitted onsite.

 

4.      The use shall be valid for a period not to exceed one (1) year from the approval of the site plan amendment.  Any extension of the one (1) year period will require that SP-2004-010 be amended.

5.      Approval of the special permit does not authorize the use to begin.  The use may not lawfully begin until all necessary approvals have been received and conditions met.  This includes, compliance with applicable conditions of the special permit; approval of and compliance with the site plan; and approval of a zoning compliance clearance.

 

ATTACHMENTS:

A – Concept plan   

B - Detail Map   

C - Location Map   

D - Zoning Comment

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