COUNTY OF ALBEMARLE

PLANNING STAFF REPORT SUMMARY

Project Name:   ZMA 2007-21 Cavalier Mini-storage

Staff: Joan McDowell, Principal Planner, Rural Areas

Planning Commission Public Hearing:

February 5, 2008

Board of Supervisors Public Hearing:

March 12, 2008

Owner:  John and Meenakshi Chavan

Applicant:  Edward H. Bain, Jr.

Acreage:  2.169 acres

Special Use Permit:  N/A

TMP:  78 - 36

Location:  North side of Route 250 East approximately 1/10 mile east of I 64

Existing Zoning and By-right use:

RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre

Magisterial District:  Scottsville

Proffer:  Yes

DA (Development Area)

RA (Rural Areas): X

Requested # of Dwelling Units:  NA                           

Proposal:   Change zoning district from Rural Areas (RA) to Highway Commercial (HC), to allow a mini-storage development on the property

Comprehensive Plan Designation: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources.  Property on entrance Entrance Corridor

Character of Property:  Contains one single family residence, mostly cleared but with trees around house, property sloping up from the street level

Use of Surrounding Properties:   Comfort Inn is between subject property and I 64; other Highway Commercial property on Rt. 250 approximately 1,200 feet south and directly across Rt. 250t; Southern Albemarle Historic District / Monticello Historic District / Historic Preservation Easement property (Shadwell) approximately 650 feet south (across Rt. 250).

Factors Favorable:

There are no factors favorable to this application.

 

Factors Unfavorable:

1.       The proposed zoning classification is inconsistent with the Comprehensive Plan.

2.       The proposed zoning classification would generate traffic above that normally anticipated in the Rural Areas.

3.       There is no indentified public need for additional Highway Commercial in this area.

4.       The property is located at the gateway to the Southern Albemarle Historic District and is across the street from properties that have been placed under easement and are also important historic resources.

5.       The proffered eliminations of by-right uses in the Highway Commercial District do not mitigate the potential negative impacts of this rezoning.

 

RECOMMENDATION: Staff recommends denial of this Zoning Map Amendment.

     

 

STAFF PERSON:                         Joan McDowell, Principal Planner Rural Areas

PLANNING COMMISSION:      February 5, 2008

BOARD OF SUPERVISORS:      March 12, 2008

 

ZMA 2007-21 Cavalier Mini-Storage

 

Petition: 

PROJECT: ZMA 2007-21 Cavalier Mini Storage

PROPOSAL:  Rezone 2.169 acres from RA Rural Areas zoning district which allows agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) to HC Highway Commercial zoning district which allows commercial and service uses; and residential use by special use permit (15 units/ acre)

PROFFERS:  Yes__x__

EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY:  Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density ( .5  unit/ acre)

ENTRANCE CORRIDOR: Yes__X__

LOCATION: North side of Route 250 East and approximately 1/10 mile east of I64

TAX MAP/PARCEL: TMP 78-36

MAGISTERIAL DISTRICT: Scottsville

 

Character of the Area:   The area is a mixture of commercial, rural and residential uses.  Over 1,200 acres of land to the south of the subject parcel has been protected by easements (Attachment B).  This area is also the entrance into the Southern Albemarle Historic District and it is on an Entrance Corridor.

 

Specifics of the Proposal:  The applicant has requested a rezoning of a 2.169 acre property from Rural Areas (RA) to Highway Commercial (HC), in order to construct a mini-storage facility.  A mini-storage facility is not allowed in the RA District.  The following excerpt from the HD District provides the uses allowed both by-right and by special use permit.  The applicant has offered a proffer that would remove some of the by-right uses.  The uses the applicant has offered to eliminate are shown with strikethroughs. The full text of the Highway Commercial District is included as Attachment C.  The Rural Areas District is included as Attachment D.  A copy of the existing zoning map for this area is included as Attachment E.

 

It should be noted that although the applicant has indicated that he would like to have a mini-storage on the property, all HC uses that have not been eliminated by proffer would be allowed in this District either by-right or potentially by special use permit. 

 

HIGHWAY COMMERCIAL - HC

24.2 PERMITTED USES

24.2.1 BY RIGHT

The following uses shall be permitted in any HC 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.

1. Automobile laundries.

2. Automobile, truck repair shops.

3. Automobile service stations (reference 5.1.20).

4. Building materials sales.

5. Churches, cemeteries.

6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).

7. Convenience stores.

8. Educational, technical and trade schools.

9. Factory outlet sales - clothing and fabric.

10. Feed and seed stores (reference 5.1.22).

11. Financial institutions.

12. Fire extinguisher and security products, sales and service.

13. Fire and rescue squad stations (reference 5.1.09).

14. Funeral homes.

15. Furniture stores.

16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops.

17. Home and business services such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance services.

18. Hardware.

19. (Repealed 6-3-81)

20. Hotels, motels and inns.

21. Light warehousing.

22. Machinery and equipment sales, service and rental.

23. Mobile home and trailer sales and service.

24. Modular building sales.

25. Motor vehicle sales, service and rental.

26. New automotive parts sales.

27. Newspaper publishing.

28. Administrative, business and professional offices.

29. Office and business machines sales and service.

30. Eating establishment; fast food restaurants.

31. Retail nurseries and greenhouses.

32. Sale of major recreational equipment and vehicles.

33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).

34. Wholesale distribution.

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)

37. Temporary construction uses (reference 5.1.18).

38. Indoor theaters.

39. Heating oil sales and distribution (reference 5.1.20).

40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)

41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1,

commercial, C- 1.

(Added 6-19-91; Amended 9-9-92)

42. Indoor athletic facilities. (Added 9-15-93)

43. Farmers' market (reference 5.1.36). (Added 10-11-95)

44. Stormwater management facilities shown on an approved final site plan or subdivision plat.

(Added 10-9-02)

45. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)

(§ 20-24.2.1, 12-10-80; 6-3-81; 3-5-86; 11-1-89; 6-19-91; 9-9-92; 5-12-93; 9-15-93; 10-11-95; Ord. 02-

18(6), 10-9-02; Ord. 04-18(2), 10-13-04)

24.2.2 BY SPECIAL USE PERMIT

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

1. Commercial recreation establishment including but not limited to amusement centers, bowling alleys, pool halls and dance halls. (Amended 1-1-83)

2. Septic tank sales and related service.

3. Livestock sales.

4. Veterinary office and hospital (reference 5.1.11).

5. Drive-in theaters (reference 5.1.08).

6. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers, wave and radio-wave transmission and relay towers, substations and appurtenances (reference 5.1.12).

7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).

8. Contractors' office and equipment storage yard.

9. Auction houses.

10. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential - R-15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant to section 31.2.4.

11. Commercial kennels - indoor only (reference 5.1.11). (Added 1- 1-83)

12. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;

Amended 2-5-03)

13. Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-92)

14. Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added 6-14-89)

15. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6-19-91)

16. Animal shelter (reference 5.1.11). (Added 6-16-99)

17. Tier III personal wireless service facilities (reference 5.1.40).

 

Staff’s opinion is that the elimination of certain by-right uses allowed in the HC district does not mitigate the potential negative impacts of this rezoning.

 

Applicant’s Justification for the Request:  “Will allow for the development of mini storage units for residents of the northeast, east and southern sections of Albemarle County; also adds additional commercial tax base to the County.”  A letter sent in response to review comments from Edward Bain, the attorney for the applicant, provides additional information regarding the applicant’s justification (Attachment F).

 

By-right Use of the Property:  Under the Rural Area zoning, a single family dwelling was constructed on this property.  The single family dwelling is consistent with other residential dwellings in the immediate area.

 

Anticipated impact on public facilities and servicestc  \l 2 "Anticipated impact on public facilities and services":

 

Transportation Under the existing RA District, the one residential dwelling permitted by-right would generate approximately 10 vehicle trips per day (9.57 vpd).  With a mini-storage facility, the site will generate approximately 100 vpd. Typically, however, this type of use generates most of its traffic in the off-peak hours. An increase of about 10 trips in each of the Route 250 peak hours, both AM and PM, can be expected from this use.  The Virginia Department of Transportation has also commented that the access to the site should be through the existing North Hill Road. In addition, VDOT has advised that the entrance from Route 250 to North Hill Road should be addressed for adequacy as a commercial entrance.

 

It should also be noted that with the development of the Gazebo Plaza, located in the Development Area just west and north of the I 64 / Rt. 250 interchange, the existing median cross-over at Route 240 and Hansens Mountain Road will be closed.  Thus, traffic traveling east on Route 250 will have to go beyond Gazebo Plaza and make a U-turn further east to come back to Hansens Mountain Road and access Gazebo Plaza. One of the intersections where this would take place would be at the Route 250 / North Hill Road interchange. 

 

Water and Sewer - The parcel is not in the Albemarle Charlottesville Service Authority Jurisdictional Area (ACSA) for water and sewer service.  However, water service is available to the properties to the north (adjacent to I-64).  Although an extension of the jurisdictional area  has not been requested, a Highway Commercial zoning district may produce a demand for  water and /or service to this property in the Rural Areas. According to the Comprehensive Plan, “Water and sewer service jurisdictional areas provide the implementing measure for directing utilities according to the land use plan and overall growth management policies.” The Plan recommends that public water and sewer be provided only to areas within the ACSA jurisdictional area and should follow the boundaries of the designated Development Areas.  In addition, the Comprehensive Plan discourages central sewer systems in the RA, except to address health and safety problems.

 

Public need and justification for the change:  The applicant has included in his justification that there is a need for a mini-storage in this area and that it would provide additional taxes.  The Pantops Master Plan, the master plan under consideration for the nearby area within the Development Areas north of I64 does not include this as an area to be considered for inclusion in the Development Areas.  In addition, there has been no indication, as a result of the studies that have taken place in the as part of the Pantops Master Plan’s development, that indicate any compelling reasons that additional commercial zoning is necessary to supply an unmet need for mini-storage or for other HC uses.

 

Although there are other, non-RA, zoning districts in this area, they are non-conforming and they are inconsistent with the purpose and intent of the Rural Areas District.  Uses allowed in the Highway Commercial District are suitable for providing the of services compatible with zoning districts that are found in the Development Areas.  Expanding non-compatible zoning in the Rural Areas contradicts the purpose of establishment of two distinct areas designated by the Comprehensive Plan, the Development Areas and Rural Areas, and exacerbates conflicts with permitted uses in the Rural Areas.

 

The intent of the Highway Commercial Zoning District states, “It is intended that HC districts be established on major highways within the urban area and communities in the comprehensive plan.”  This request conflicts with the intent of the HC zoning district.

 

An email from an owner of two adjacent properties has indicated that she is not in favor of the proposed rezoning (Attachment G).

 

Conformity with the Comprehensive Plan: As previously noted, the Comprehensive Plan designates the subject property as Rural Areas emphasizing the preservation and protection of agricultural, forestal, open space, and natural, historic and scenic resources as land use options.  As such,  the property is located in the Rural Areas land use designation of the Comprehensive Plan and the existing zoning of the Rural Areas is consistent with the Comprehensive Plan.  In addition, the proposal to create a Highway Commercial zoning district would be inconsistent with the following section of the Comprehensive Plan:

·         The Land Use Plan for Interstate Interchange Development  Because Interstate 64 is a limited access highway, its interchanges may be a focus for development activities. To accommodate appropriate land uses in the vicinity of interstate interchanges, while maintaining the safety and functional and aesthetic integrity of such interchanges, the standards and policies set forth below are recommended. Urban Area land at the following interchanges should be developed in accordance with the standards set forth below:

-          Route 250 East (Shadwell) (Urban Area side only)

 

Anticipated impact on natural, cultural, and historic resources:  The Historic Resources’s chapter of the Comprehensive Plan’s Natural Resources and Cultural Assets section states that the County is to protect its historic and cultural resources by identifying and recognizing their value and pursing protection measures to preserve these resources.  Further, the Plan calls for the County to consider the impact of proposed land use regulations and decisions on Monticello’s viewshed. 

 

This site is within the Monticello viewshed. The property is also across the street from Shadwell, the site of Thomas Jefferson’s birthplace. It is also at the entrance to the Southern Albemarle Historic District.  The change of a zoning district from Rural Areas to a district that permits uses more suited to the Development Areas would allow additional commercial intrusion that would create further conflict with these important resources in the Rural Areas.

 

 

SUMMARY:

Staff has identified the following factors favorable to this application:

 

There are no factors favorable to this application.

 

Staff has identified the following factors unfavorable to this application:

 

1.       The proposed zoning classification is inconsistent with the Comprehensive Plan.

2.       The proposed zoning classification would generate traffic above that normally anticipated in the Rural Areas.

3.       There is no indentified public need for additional Highway Commercial in this area.

4.       The property is located at the gateway to the Southern Albemarle Historic District and is across the street from properties that have been placed under easement and are also important historic resources.

5.       The proffered eliminations of by-right uses in the Highway Commercial District do not mitigate the potential negative impacts of this rezoning.

 

RECOMMENDED ACTION: 

Based on the findings contained in this staff report, staff recommends denial of ZMA 2007-21 Cavalier Mini Storage.

 

 

ATTACHMENTS

 

Attachment A -     Application, proffer and concept plan

Attachment B –    Monticello and Shadwell Conservation Easements map

Attachment C –    Highway Commercial District Ordinance Text

Attachment D -     Rural Areas District Ordinance Text

Attachment E -     Zoning Map Tax Map 78

Attachment F -      Letter from Edward H. Bain, Jr. dated January 4, 2008

Attachment G -     Email from Dolores Wallace dated January 3, 2008

 Return to exec summary