COUNTY OF ALBEMARLE

PLANNING STAFF REPORT SUMMARY

 

 

Project Name:  ZMA 07-22 Innovative Construction

Staff:  Claudette Grant

Planning Commission Public Hearing:

March 11, 2008

Board of Supervisors Public Hearing: April 9, 2008

 

Owners:  Woolen Mills Self Storage, LLC  

Applicant: Innovative Construction Concepts, Inc.

Acreage: 0.977 acres

 

Rezone:  HC, Highway Commercial to LI, Light Industrial.

TMP: Tax Map 90, Parcel 35C

 

Location: 1811 Avon Street Extended (Route 742) across from Reynovia Dr. (See Attachments A and B)

By-right use: HC, Highway Commercial with proffers

Magisterial District: Scottsville

Proffers:  Yes

Proposal: The applicant proposes to use the existing building on site for a contractor’s office and storage yard.

Requested # of Dwelling Units: 0

DA (Development Area): Neighborhood 4

Comp. Plan Designation:  Industrial Service

Character of Property: Property fronts on Avon Street Extended. The site is developed with a one-story building, three (3) out buildings, and an outdoor storage area. There is a gentle incline onto the property towards the building at which point the property levels off. The property then slopes down to the rear of the site. 

Use of Surrounding Properties: The Southside Church of God and Dixon Trash Disposal are adjacent to Innovative Construction. The surrounding properties to the south of Innovative Construction are primarily light industry type uses. The Lake Reynovia residential subdivision is located across the street.

Factors Favorable:

  1. The proposal makes the property more consistent with the Comprehensive Plan.
  2. The rezoning forms a logical extension of the LI district from the adjacent property.
  3. There are no proposed changes to the site.
  4. The rezoning to light industrial zoning will accommodate a small business which is an identified need in the County. 

 

Factors Unfavorable:

  1. The proffers are in need of technical and substantive language revisions.
  2. The existing well and septic system are proposed to remain because of the cost for connections to public water and sewer.

 

RECOMMENDATION: Provided that the technical and substantive provisions to the proffers are completed prior to the Board of Supervisor’s meeting, staff recommends approval of ZMA 2007-022, Innovative Construction, inclusive of revised proffers.  Staff also recommends approval of the waiver request to Section 26.10.3 to allow the fence described in the proffer to be constructed in the buffer. 

 

STAFF PERSON:                                                                  Claudette Grant

PLANNING COMMISSION:                                                  March 11, 2008

BOARD OF SUPERVISORS:                                               April 9, 2008

ZMA 2007- 022 Innovative Construction

Request for approval of Modification of Section 26.10.3 regarding installation of a fence in the required buffer. 

 

PETITION

PROPOSAL: Rezone .977 acres from HC - Highway Commercial zoning district which allows commercial and service uses; and residential use by special use permit (15 units/acre) to LI - Light Industrial zoning district which allows industrial, office, and limited commercial uses (no residential use) for contractor's office and storage yard. 

PROFFERS:  Yes

EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY:  Industrial Service - warehousing, light industry, heavy industry, heavy industry, research, office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01-34 units/acre) in Neighborhood 4.

ENTRANCE CORRIDOR: Yes

LOCATION: 1811 Avon Street Extended (Route 742) across from Reynovia Dr.

TAX MAP/PARCEL: 90/35C

MAGISTERIAL DISTRICT: Scottsville

 

CHARACTER OF THE AREA

The site is developed with a one story building, three (3) outbuildings and an outdoor storage area. There are a few trees on the site, most of which form a buffer at the north and rear sides of the site. The front portion of the site gently slopes up a hill toward the building and the site slopes down toward the rear of the site. Southside Church of God, Dixon Trash Disposal and some residential uses are adjacent to Innovative Construction. The Lake Reynovia residential subdivision is located across the street from the site and many of the uses located towards the south of Innovative Construction are industrial.  

 

SPECIFICS OF THE PROPOSAL

This site is located at 1811 Avon Street Extended (Route 742) across from Reynovia Dr., which is the access to the Lake Reynovia residential subdivision. (See Attachments A & B) The property is currently approved for machinery and equipment sale, service and rental. However, the applicant would like to purchase the property and use it for a contractor’s office and storage yard, which is permitted by-right in the LI, Light Industrial zoning district and requires a special use permit in the HC, Highway Commercial zoning district. The current proffers for this property restrict the HC  to machinery and equipment sales, service, and rental; and uses in HC zone that are permitted under C-1 as they may be established under C-1 regulations. A contractor’s office and storage yard is not a permitted use in the C-1 district. The applicant plans to use the property as-is with no physical changes to the buildings or site, outside of what the County may require.

 

APPLICANT’S JUSTIFICATION FOR THE REQUEST

The applicant proposes to utilize the existing buildings and site for a contractor’s office and storage yard. As previously mentioned in this report, the proffer for this property restricts the proposed use, making a rezoning or special use permit  necessary in order to use the property for a contractor’s office and storage yard. This site represents the only Highway Commercial district in the surrounding area. The applicant preferred to request a rezoning to extend the Light Industrial district to this property rather than request both a rezoning for a proffer change and a special use permit with this rezoning.

 

PLANNING AND ZONING HISTORY

1. ZMA 82-05 J. V. Webster – On May 19, 1982, the Board of Supervisors voted to approve the rezoning request of approximately 1 acre from R-1 Residential to HC Highway Commercial with proffers. (See Attachment C)

 

2. SDP 82-025 J.V. Farm Equipment - This site plan followed the rezoning request.  

 

3. The following three (3) variances occurred: VA 82-010 was approved on March 17, 1982 for road frontage, VA 82-063 was approved on October 13, 1982 for sign setback, and VA 84-007 was approved with conditions on January 30 1984 for setback.

 

No additional detail is available on the variances at this time.

 

NONCONFORMITY WITH THE ZONING

This use is non-conforming based on minimum yard requirements as follows: Section 26.10.2 of the Zoning Ordinance states “Adjacent to residential districts: No portion of any structure, excluding signs, shall be located closer than fifty (50) feet to any rural areas or residential district and no off-street parking space shall be closer than thirty (30) feet to any rural areas or residential district. For the heavy industry (HI) district, no portion of any structure, excluding signs, shall be located closer than one hundred (100) feet to any rural areas or residential district and no off-street parking shall be closer than thirty (30) feet to any rural areas or residential district.” The current use is nonconforming due the proximity of the structure and off-street parking to the adjacent residential district.
The Zoning staff has reviewed this situation and is okay with the existing non-conformity of the property as well as the fact that the non-conformity will remain with this rezoning application because the use is a pre-existing use and it is not changing. Staff notes that the setbacks between uses and districts in the Development Areas are under consideration for reductions through the zoning amendment process. The Commission expects to see staff proposed setback changes after completing work on the zero lot line amendment.  

 

CONFORMITY WITH THE COMPREHENSIVE PLAN

The Land Use Plan shows this area as Industrial Service and the applicant is requesting rezoning to an industrial district.

 

The Economic Development Policy in the Comprehensive Plan provides the following objectives that are consistent with a development like Innovative Construction. Objective II states “Plan for land and infrastructure to accommodate future business and industrial growth. Objective V states “Provide local business development opportunities.” The Board of Supervisors in their recent work to update the Economic Development Policy has supported at a recent work session prioritizing an increase in LI zoning.

 

Neighborhood Model Analysis is not applicable for this project since it is an existing development and does not propose re-development.

 

STAFF COMMENT

Relationship between the application and the purpose and intent of the requested zoning district: The purpose and intent of the LI district is to permit industries, offices and limited commercial uses which are compatible with and do not detract from surrounding districts. This proposed LI is .977 acres. Section 27.3 of the Zoning Ordinance states “the minimum area required for establishment of an LI district shall be five (5) acres. Unless otherwise provided in section 26.2, there shall be no minimum area requirements for additions to an established LI district, provided such area to be added adjoins and forms a logical addition to the existing LI district.” In this circumstance, staff feels it is appropriate and logical to add this property to the adjacent existing LI district.

 

Public need and justification for the change: The County’s Comprehensive Plan supports development in the designated development area. As previously mentioned in this report the Board of Supervisors supports prioritizing an increase in Light Industrial zoning. The rezoning request will permit the property and proposed use to be consistent with the Comprehensive Plan.

 

Impact on Environmental, Cultural, and Historic Resources: The applicant does not propose changes to the site or existing building; therefore, there are no environmental impacts anticipated. There are no cultural or historic resources associated with this site.

 

PRIVATE Anticipated impact on public facilities and services

Streets:  VDOT had previously been concerned with the dimensions of the entrance to the site not being adequate; however, VDOT has been working with the applicant and this issue has been resolved. (See Attachment E) The development will generate an additional 16 trips per day on Avon Street Extended, which provides primary access to the site. A majority of the employees for this business are the field crew who work primarily in the field and typically do not come to the office. Staff and VDOT agree that the traffic impact will be minimal.

 

Water and Sewer: This site is currently served by a well and septic field. In the Development Areas public water and sewer are expected to serve all development.  An inspection report from Intrastate Pest Control, verifies that there is no leakage or seepage in the drain field. (See Attachment F) Contour Construction has estimated the cost to connect water and sewer to public lines at $28,250.00. (See Attachment G) Albemarle County Service Authority (ACSA) has quoted connection fees of $5,670.00 for water and $6,320.00 for sewer. Contour Construction, which conducted an on-site inspection, also states that gravity sewer is not currently an option for this site. Contour’s estimate does not include bonds, rock excavation, engineering, meters, or electrical service to a grinder pump and lift station. Furthermore, easements do not currently exist to permit the necessary crossing of two neighboring parcels. Staff believes that at present, the cost of over $40,000 to connect to municipal water and sewer is prohibitive for the applicant. Staff suggests the applicant revise proffers that state the applicant will connect to public water and sewer within one year after each of these services becomes available. Staff also suggests the applicant proffer the drawing showing existing improvements and proposed storage areas and uses in order to provide assurance that future development of the site is not done in a manner that intensifies impacts on the existing water and sewer. 

 

Schools: This type of development would not generate students.

 

Fire, Rescue, Police: The Monticello Fire-Rescue station has been constructed off of Mill Creek Drive Extended and provides service to this site. Monticello station meets response time standards. Albemarle County 5th Street Office Building contains the County’s Police Department, although the police patrol all areas of the County. Current policy for police service recommends an average response time of 10 minutes for all Development Areas.  

 

Stormwater Management: As there are no physical changes proposed for this site, the County Engineer only recommends stormwater management be provided if the Planning Commission or Board of Supervisors would like to see more provided on this site than would otherwise be required by the ordinance.

 

Anticipated impact on nearby and surrounding properties

The contractor’s office and storage yard are very much in keeping with some of the existing surrounding properties, which are comprised of trash disposal, roof and construction businesses. Since the site will remain as-is, staff anticipates very little impact, if any on nearby and surrounding properties.  

 

ARCHITECTURAL REVIEW BOARD COMMENT

This project was reviewed by the ARB staff. In summary, staff requested the addition of a screening fence that would screen the front of the site. The applicant has provided the screening fence by way of a proffer, which is satisfactory to the ARB staff.   

 

PROFFERS

Proffers are provided as Attachment F. They are described as follows:

Proffer 1. The applicant has agreed to proffer certain permitted uses of the property and/or uses authorized by special use permit. This proffer describes the uses allowed and not allowed on this property. Staff believes this proffer is appropriate.

 

Proffer 2. The applicant agrees to limit the use of the Contractor’s equipment storage yard to specific areas delineated on the plan provided with the rezoning and further limited by certain height restrictions. (See Attachment D)

 

Proffer 3. The applicant agrees to construct a screening fence as described in the proffer and location delineated on the plan provided with the rezoning. (See Attachment D)

 

Additional Proffer Needs

While Staff believes the existing proffers are substantively acceptable, they are still in need of technical and language revisions and additional proffers are needed to address the water and sewer concerns.

 

Staff believes additional proffers should be added that address the future connection of public water and sewer at whatever point these utilities become available along Avon Street Extended in front of the subject site or within a public easement adjacent to the subject property.  As previously mentioned the plan and uses should also be proffered.

 

WAIVERS

The applicant has requested a waiver of Section 26.10.3 to allow installation of a fence in the required buffer from a residential district. (See Attachment I) Granting this waiver would permit the fence, which is recommended by the Design Planner for the Entrance Corridor.  

 

Section 26.10.3 of the Zoning Ordinance states: “Buffer zone adjacent to residential and rural areas districts: No construction activity including grading or clearing of vegetation shall occur closer than thirty (30) feet to any residential or rural areas district. Screening shall be provided as required in section 32.7.9. (Amended 9-9-92) Except, the commission may waive this requirement in a particular case where it has been demonstrated that grading or clearing is necessary or would result in an improved site design, provided that:

 

Staff recommends approval of the waiver request to Section 26.10.3.

 

SUMMARY

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

1.                  The proposal makes the property more consistent with the Comprehensive Plan.

2.                  The rezoning forms a logical extension of the LI district from the adjacent property.

3.                  There are no proposed changes to the site.

4.                  The rezoning to light industrial zoning will accommodate a small business which is an identified need in the County. 

 

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

1.                  The proffers are in need of technical and substantive language revisions.

2.                  The existing well and septic system are proposed to remain because of the cost for connections to public water and sewer.

RECOMMENDATION
Provided that the technical and substantive provisions to the proffers are completed prior to the Board of Supervisor’s meeting, staff recommends approval of ZMA 2007-022, Innovative Construction, inclusive of revised proffers.  Staff also recommends approval of the waiver request to Section 26.10.3 to allow the fence described in the proffer to be constructed in the buffer.


ATTACHMENTS
ATTACHMENT A – Tax Map
ATTACHMENT B – Location Map
ATTACHMENT C – Letter from Stuart L. Richard, dated May 20, 1982
ATTACHMENT D – The J.V. Webster Property Plat, dated April 25, 2005
ATTACHMENT E – Electronic Mail from Joel Denunzio, dated March 4, 2008
ATTACHMENT F – Letter from Intrastate Pest Control Co. Inc., dated January 25, 2008
ATTACHMENT G – Proposal from Contour Construction, L.L. C., dated January 25, 2008
ATTACHMENT H – Proffers, dated January 25, 2008
ATTACHMENT I – Letter from Catherine Womack, dated February 19, 2008

 

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