 John Chavan sought a rezoning of his property, which is outlined in red |
The
Albemarle County Board of Supervisors
has voted 6-0 to deny the rezoning of land on Route 250 East near the Interstate 64 interchange, citing the project’s inconsistency with the County’s comprehensive plan.
The applicant, John Chavan, had sought a rezoning from Rural Areas (RA) to Highway Commercial (HC) in order to construct a storage facility adjacent to the Comfort Inn and just East of the I-64 interchange.
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The Planning Commission recommended denial at its meeting on February 5, 2008. Since then, the applicant proffered a further reduction in the by- right uses allowed to light warehousing, electric, gas, oil and communication facilities, public uses and buildings. That was not enough to convince staff, who continue to recommend denial of the rezoning because the project is not consistent with the Comprehensive Plan, would generate traffic in a rural area, and would place HC zoning in an area surrounded by conservation easements. Staff said the proffer to limit uses would not mitigate the potential negative impacts of the rezoning.
But John Grady, who represented Chavan, said that the Comprehensive Plan is not a perfect tool and that sometimes special actions are required by the Board. He said there are at least 26 businesses in the immediate vicinity of the property, and Chavan’s land is one of the only strips left on the northern side of Route 250 zoned as RA. Grady said if the Board chose to rezone, they would be correcting a situation that he said needs to be changed.
“You can call it Rural Area if you like, but I don’t think anybody here would buy it, build a house, and raise their children there,” Grady said. He added a mini-storage facility would be a good use for the land, and that Chavan would be willing to work with the Architectural Review Board when choosing building materials. Grady concluded his testimony by saying that the existence of nearby easements on other properties should not hinder Chavan’s property rights.
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When Chavan got up to speak, he pleaded with the Board to rezone his property so that he can provide a better future for his children. He and his wife are registered nurses who work for the University of Virginia Health System.
“I have chosen this particular business because it has the lowest impact on traffic, it utilizes the least of County resources, and it will be local and consumer friendly,” an emotional Chavan said, holding back tears.
Several members of Chavan’s church spoke on his behalf and asked the Supervisors to approve his application. Sylvia Mills said the area is already mixed-use, and she could see no reason why Chavan should be denied.
However, Jeff Werner of the Piedmont Environmental Council reminded the Board that they
had a duty to uphold the Comprehensive Plan, which designates the land as being in the rural area. He told the Board they would soon see a similar rezoning application for the
East Pantops Sports Complex
across the street
, and that if they sought to change the comprehensive plan, they should do so in a holistic way for the entire stretch of Route 250 between I-64 and Route 22.
But Ed Bain Jr, Chavan’s Attorney, asked when that process would happen,
given that the Pantops Master Plan was just adopted in March
. The Plan does not extend to the eastern side of the I-64/Route 250 interchange, and Bain said he was concerned that the review process would not occur for another five years.
“Should we be held up because of that for this one use on this one property?” he asked. “We’re not using public services, the traffic is already there.” He reminded the Board that they
recently approved a special use permit for the First Nazarene Church to build a 374-seat multipurpose center at the intersection of Routes 22 and 250
. [Supervisor
Dennis Rooker
(Jack Jouett) later reminded the Board that the federal Religious Land Use Act makes it difficult for local governments to deny special use permits for churches.]
Supervisor
David Slutzky
(Rio) asked if the topic of extending the Pantops Master Plan to cover the area came up in the Planning Commission’s discussion of the plan. Wayne Cilimberg, the County’s Director of Planning and Development, said the Commission decided not to expand the boundaries. He also reminded the Supervisors that they had previously said that they did not want to expand the growth area’s boundaries.
“You said you were not interested in introducing more [land] into the development area, and there was some reference made to a concerted effort to not permit any more intensification of use that would strip Route 250,” Cilimberg said. He also explained that the HC zoning in surrounding properties dates back before the 1980 Comprehensive Plan that created the development and rural areas.
“We have a very worthy applicant, but the issue before us is really a land use decision,” Rooker said. “I think it would be very bad precedent to start going down the road of spot rezoning rural area land to Highway Commercial without going through a decision of whether or not it ought to be in the growth area in the first place.” Rooker said he could never remember a situation when property in the rural area was rezoned for commercial use.
Slutzky said the same issue had come up last year when the Soccer Organization of Charlottesville Albemarle County sought the rezoning of rural land for playing fields. The Board voted to deny that application.
“We made the land use decision that we’re compelled to make that it wasn’t consistent with our rules that we’ve set for ourselves,” Slutzky said. He said that he would support a discussion on whether the area should be brought into the growth area.
Chairman
Ken Boyd
(Rivanna) asked Cilimberg if it really would be five years before the Board can take up the issue of whether or not to expand the growth area to cover the area.
Cilimberg said unless the Board directed staff to put the topic to the top of its project list, it would be “a while before we would be looking at this from a land use stand-point.” He said this year’s review of the County’s economic development policy could begin the conversation.
The County is looking for ways
to increase the amount of land that can be made available for Light Industrial uses
.
Supervisor
Lindsay Dorrier
(Scottsville) said Chavan’s application was worthy, but he could not violate the Comprehensive Plan. So, he made a motion to deny the application, which was seconded by Rooker.
Before the vote, Supervisor
Sally Thomas
(Samuel Miller) said she did not like being “mean” to the applicant, but that the County had a duty to protect its entrance corridors.
“I have consistently been mean along 250 and said no to almost every proposal that’s anything like this,” Thomas said. “Our decisions are made on land use… When you go to communities that haven’t been mean to some individual applicant and end up with businesses going for miles out every road.”
The vote to deny the application was 6-0.
Thomas raises concern about traffic light for White Gables Condominiums
When the Board of Supervisors approved the White Gables Condominiums in 2003, one of the conditions of the special use permit was that the developer pay for a traffic signal at the development‘s entrance onto Route 250. However, The Virginia Department of Transportation says the existing conditions do not warrant a light at the intersection. Supervisor Sally Thomas raised the concern that VDOT ‘s decision could nullify Weather Hill Homes’ obligation to build the light, creating a traffic nightmare.
“If the warrants aren’t met and yet we force people to not use the entrance to White Gables, but everyone use Kenridge, there’s going to be traffic right and left against the flow of traffic there,” Thomas said. She suggested VDOT be pressured to accept a yellow caution light at the location.
Mark Graham, the County’s Director of Community Development, said the developer had a ten-year window to install the light, but the traffic conditions do not merit a light because the project is taking longer than expected. Graham said his interpretation of the condition was that the developer could be required to build the physical structure of the light, which could be switched on at a later date.
Sean Tubbs
Thomas raises concern about traffic light for White Gables Condominiums
When the Board of Supervisors approved the White Gables Condominiums in 2003, one of the conditions of the special use permit was that the developer pay for a traffic signal at the development‘s entrance onto Route 250. However, The Virginia Department of Transportation says the existing conditions do not warrant a light at the intersection. Supervisor Sally Thomas raised the concern that VDOT ‘s decision could nullify Weather Hill Homes’ obligation to build the light, creating a traffic nightmare.
“If the warrants aren’t met and yet we force people to not use the entrance to White Gables, but everyone use Kenridge, there’s going to be traffic right and left against the flow of traffic there,” Thomas said. She suggested VDOT be pressured to accept a yellow caution light at the location.
Mark Graham, the County’s Director of Community Development, said the developer had a ten-year window to install the light, but the traffic conditions do not merit a light because the project is taking longer than expected. Graham said his interpretation of the condition was that the developer could be required to build the physical structure of the light, which could be switched on at a later date.
Sean Tubbs
