COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

ZMA 2007-21 Cavalier Mini Storage

 

SUBJECT/PROPOSAL/REQUEST:

Rezone zoning district from Rural Areas (RA) to Highway Commercial (HC)

 

 

STAFF CONTACT(S):

Cilimberg, McDowell

 

LEGAL REVIEW:   No

 

AGENDA DATE:

April 9, 2008

 

ACTION:     X          INFORMATION:   

 

CONSENT AGENDA:

  ACTION:              INFORMATION:   

 

ATTACHMENTS:   Yes

 

 

REVIEWED BY:   Cilimberg

 

 

 

BACKGROUND:

On March 12, 2008, at the applicant’s request, the Board of Supervisors deferred ZMA 2007-21 until April 9, 2008 in order to consider a revised proffer.  The Planning Commission previously had recommended denial of this application on February 5, 2008. 

 

STRATEGIC PLAN:

Goal 4 – Effectively Manage Growth and Development:

 

DISCUSSION:

The applicant has submitted a revised proffer for the Board’s consideration which limits uses allowed by-right on the property (Attachment I).  The applicant’s initial proffer proposed to limit many of the by-right uses allowed in a Highway Commercial (HC) District (see Specifics of the Proposal section in the staff report – Attachment IV).  The revised proffer would further limit the by-right uses permitted on this property to the following:

 

(21) Light Warehousing (the use that includes mini-storage facilities)

(35)  Electric, gas, oil and communication facilities excluding 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. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)

(36) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); 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). (Amended 11-1-89)

 

HC uses allowed by special use permit would not be limited on this property. 

 

While the proffer has been reviewed by the County Attorney’s office and is legally acceptable, staff’s opinion remains that the requested re-zoning in this location is not consistent with the Comprehensive Plan and the proffer does not mitigate the inconsistency sited by staff and the Planning Commission in the recommendation for denial. 

 

BUDGET IMPACT:

There is no budget impact anticipated.

 

RECOMMENDATION:

Staff and the Planning Commission recommend denial of ZMA 2007-21 Cavalier Mini Storage, based on the findings contained in the staff report and noted in the Planning Commission’s action letter (Attachment II).  Should the Board choose to approve this re-zoning, its approval should be inclusive of proffers dated March 27, 2008, and signed March 27, 2008.

 

 

ATTACHMENTS

I.                     Revised Proffer dated March 27, 2008

II.                   Planning Commission Action Letter dated February 26, 2008

III.                  Planning Commission Minutes

IV.                Staff report with Attachments A-G

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