COUNTY OF ALBEMARLE

EXECUTIVE SUMMARY

 

 

 

 

AGENDA TITLE:

SP 2005-00029 Pro Distribution

 

SUBJECT/PROPOSAL/REQUEST:

A special use permit is requested for Subordinate Retail Sales exceeding 15 percent of the floor area of the main use on property zoned LI Light Industrial for tire sales.

 

STAFF CONTACT(S):

Cilimberg, McCulley, Echols, Ragsdale

 

LEGAL REVIEW:   NO

 

STAFF:

REBECCA RAGSDALE

 

AGENDA DATE:

July 5, 2006

 

ACTION:     X          INFORMATION: 

 

CONSENT AGENDA:

  ACTION:             INFORMATION: 

 

 

ATTACHMENTS:   YES

 

 

 

OWNERS/APPLICANTS: Mass Enterprises of Virginia, Inc.  (Mr. William A. Masselli)

 

 

PROPOSAL:

The Pro Distribution site is a 3.8 acre parcel, zoned Light Industrial (LI) and located on Three Notch’d Road in Crozet, just west of the entrance to Western Ridge and the Martha Jefferson medical building. There are currently four businesses operated from the property: trucking/distribution business which wholesales tires, retail tire sales, self storage, and most recently a home improvement contractor. The Zoning Ordinance allows limited retail sales by-right if the floor area of retail sales is less than 15 percent of the floor area of the main use by-right in the LI Zoning District. A special use permit is required to increase the floor area of retail sales beyond 15 percent of the floor area of the main use (whole sale tires). Pro Distribution would like to increase the area for retail sales of tires to 54 percent of the floor area devoted to the wholesale tire business or 35 percent of the total area devoted to the tire business.

 

BACKGROUND: 

This request went to the Planning Commission for a public hearing on May 30, 2006 with an initial recommendation for approval. Prior to the Planning Commission meeting, but following distribution of the staff report to the Planning Commission, new zoning violations were found on the Pro Distribution site and it was also discovered that the square footages and calculations in the staff report were not accurate. Staff recommended that the applicant defer the public hearing to allow time to sort through the recently discovered zoning violations and to ensure that staff had the correct square footage information from the applicant regarding the whole sale tire business and proposed retail tire sales. The applicant declined to defer and asked for an action from the Commission who recommended denial of the special use permit.

 

DISCUSSION:

Since the Planning Commission meeting, Community Development staff has met with the applicant several times, including on-site, to discuss the zoning violations and to clarify square footage related to the special use permit request. The applicant has provided new information regarding the floor area of retail and wholesale uses on the site. Zoning has outlined the necessary steps for the applicant to comply with the Zoning Ordinance and the applicant has been cooperative in discussing compliance and has begun taking measures to address the violations. The violations consist of operating a new business without a zoning clearance, changes to the site without approval of a site plan, including new construction without a building permit.  

 

With the new information provided by the applicant, Zoning has reviewed the relationship of retail to wholesale use. The Zoning Ordinance expresses this special use permit for retail sales as a percentage based on: area of retail sale use / area of wholesale use. While this percentage may seem high since the area devoted to retail sales is 54 percent of the area devoted to wholesale business, another relevant percentage or comparison is the percentage devoted to retail tire sales within the total business floor area (wholesale and retail). In that comparison, the retail sales use remains the minority use in terms of area at 35 percent. The retail sales would be conducted from an existing building on the property, Building F. (Attachment A) The applicant has submitted a site plan to add additional self storage units to the property and that is attached for information. No changes are proposed with the pending site plan that would affect access to Building F for retail tire sales. (Attachment B)

 

RECOMMENDATION:

Staff is not recommending that any additional uses be established on the property, including the retail tire sales requested with this special use permit, until the site is completely in compliance with all Zoning Ordinance requirements. Staff supports this request since no negative impacts from the requested increase in retail sales have been identified.

 

 

Staff recommends approval of SP 2005-029 with the following conditions of approval as

 

1.       Site plan approval of the proposed retail tire sales use is required.

2.       Retail tire sales may not be expanded until the site is entirely in compliance with the Zoning Ordinance.                                                                                                                                       

3.       Retail tire sales shall be limited to the building labeled as Office/Storage Building F as shown on the approved SDP #03-043 for that building.                                                                                                                                                   

4.       The floor area devoted to tire sales within Building F shall not exceed 1654 square feet of floor area in that building                                                                                                                                   

5.       Hours of operation for the retail tire sales business shall be between 7:30a.m. and 6:00p.m.                                                                                                                                                               

6.       There shall be no outdoor storage of tires or equipment associated with the wholesale or retail tire sales business

 

ATTACHMENTS:

    1. Site Development Plan 03-043, titled “Crozet Mini Storage”, prepared by Jones & Jones Associates Architects, dated September 10, 2004
    2. Pending Site Development Plan 05-93, titled “Crozet Self Storage” prepared by Keeney & Company Architects, dated March 13, 2006

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