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HomeMy WebLinkAboutZMA202000004 Application 2020-03-17 Albemarle Count-. . 401 m Community DevelopmentDepartment Roan Charlottesville,VA22902-4696 ) (434)296-5832 Fax (434)972-4126 Planning Application PARCEL / OWNER INFORMATION TN1P 09100-00-00-002D3 Owner(s): CREEKMILL LLC C/O DENISE LACOUR Application# ZM14202000004 PROPERTY INFORMATION Legal Description I CREEKMILL C Magisterial Dist, Scottsville Land Use Primary Open Current A.FD Not in A/F District E Current Zoning Primary[Planned Development Shopping Center {APPLICATION INFORMATION Street ddress Entered By `Jennifer Pritcl- Application Type Zoning Map Amendment 13/17.'2020 Project Mill Creek Self Storage Received Date 03/16/20 Received Date Final Submittal Date 03/16/20 Total Fees Closing File Date Submittal Date Final Total Paid Revision Number Comments Legal Ad Yil Per Zoning Zoning Ordinance SUB APPLICATION(s) Type Sub Applicatioi Comment 1APPLICANT / CONTACT INFORMATION Corttactlype Name Address C ityState Zip Phone PhoneCel I nerbeippii:s rt CREEKMILL LLC DENISE LACOUR 1430 ROLKIN CT STE 301 CHARLOTTESVILL 22911 :srniry C.-:rtz=t NICOLE SCRO 912 E HIGH ST CHARLOTTESVILL 22902 4342180513 Date Signature of Contractor or Authorized Agent County of Albemarle 3phic l Data n -�s DChara-R€om 24 fj 1 ! / �.harbttesvilF_, ter^, Parcel Property Information 401 McintireRoad Z�^ 2-4s TMP 09100-00-00-002D3 Legcription CREEKMILL C Parent TMP - - - Tax Map d9100 Section 00 Block Dp Parcel 002D3 OPIN 483697887323 Major Subdiv. Creekmill Total Acres 1.73 TMP Inactive? LACTIVE E-911 STREET ADDRESS INFORMATION House Num I Street Name Apartment) Cih State I 7inmrip JADDITIONAL PROPERTY INFORMATION Agricultural Forest District: Not in AfF District Traffic Zone: 3564 Voter Precinct:; Cale High School District. %Monticello Middle School District: Walton Elem. School District: Kale Magisterial District: 'SCottsVlIle +! Metro Planning Area? Census Block Group 2 v� CATS Area? Census Tract. i 113.03 ✓ t Public Water Sewer: f Water & Sewer V Water Supply Protection Area? NO Other Rural Land? NO-] Watershed: ;Moores Creek i+ Development ?,tea? YES (HistoricalSignificance World Heritage Site National Historic Landmark Virginia Landmark Register National Register of Historic Places Parcel Has Proffers Parcel Has Easements Current Land Use Number of Structures Number of Dwelling Units Primary Open 0 -- -I J Secondary; (Unassigned Minor, Unassigned d 0 (Comprehensive Plan Land Use Plan Areai ;Neighborhood 4 Primary;;Community Mixed Use v l Other: Unassigned �— - Secondary ,,` Unassigned vj Other3: Unassigned Minor Unassignedtir 1 Other4; Unassigned Other Unassigned ". Other5: Unassigned (Zoning C�jrrentZoninc Zoning Adopted12119SO Zoning Prior to1V1-980 Primary:!,Planned Development Shoppina Ceri !Planned Industrial Park ; E Unassigned w, Secondary Unassigned Planned Industrial Park ' Unassicined Minor `Unassigned Planned Industrial Parks3Unassigned N, other: Unassigned t v Natural Resource Extraction Overlay ~ Flood Hazard Overlay' airport Impact Area ';w Entrance Corridor Overlap .. Scenic Stream Overlay ACTIVITY INFORMATION PLANNING ACT7611TIES &U'ILDrNG .4t774 E-g ApplicationNumb CurrentStatus Spe6alCondifions ApplicationNurtib CurrentPermitSt ialcottditions ZMA202000004 Under Review i................................... .................................... WP0200500033 approved ........................ ............ .......... 5445 FEE ON COUNTY RECEIPT SDP2006000-0J approved ............................................................................................................. ARS200700028 approved aRB20050i0079 ;Approved ............... . ; pd ck 1066 county rec _.:............................... ......:_.........._.......................•;..:_:..-:-.-.................... ARB200500014 AR8 Comments .................-........................... Printed 0n: I Tuesday, March 17 2020 Application for Zoning Map Amendment PROJECT NAME: (How should we refer to this application?) TAX MAP PARCEL(,): ©°l 1 0,9- 0 0- oO Z D 3 Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, list those tax map and parcel numbers 00 PROPOSAL: REZONE 3 ACRES PROPOSAL: AMEND ZMA - 101 4 6 - 0009 FROM ZONING DISTRICT by doing the following: TO ZONING DISTRICT ❑ By adding Acres EXISTING COMP PLAN LAND USE/DENSITY: from Zoning District to Zoning District LOCATION/ADDRESS OF PARCEL(S) TO BE REZONED: ❑ Amend an existing Planned District EfZ' Amend existing proffers CONVENTIONAL DISTRICTS - RA, VR, R-1, R-2, R-4, ❑ Amend a Code of Development R-6, R-10, R-15, C-1, CO, HC, LI, HI, and DCD zoning districts EXISTING COMP PLAN LAND USE/DENSITY: CnLtx�ySL �{�'� ,r PLANNED DEVELOPMENT DISTRICTS - MHD, PRD, PUD, NMD, PDMC, PDSC, and PD-IP zoning districts. LOCATION/ADDRESS OF PARCEL(S) TO BE REZONED: Q i1i1 CGS t21v'e Are you submitting a preliminary site plan with this application? ❑ YES ® NO ❑ YES NO Are you submitting a preliminary subdivision plat with this application? ❑ YES NO Are you proffering a plan with this application? Contact Person (Who should we call/writecconcerning this project?): �( 0 1 Z / �s,, �C.¢ o /► Address q �/ r/IC T J� • City � �y`K �� 44CIV ( IC //S"'tta�ate VA Zip 2�OZ Daytime Phone Fax # ( ) E-mail (iSCRO1N/QGC)11 "Gt'!-iC�=tJCS•Lom Owner of Record r�QGG ICYYI t L L L �`✓'A L% G / �,,�,, Address 1 "f 30 C0l1Gt n Vt. Su.t •i-e 3-01City l� w V)(tL State VA Zip �q Daytime Phone f 971 — S11 fv Fax # (_) E-mail J40�$G At0�21A/�it�Ylel1`-Cf2M Applicant (Who is the Contact person representing?): V l4ft1R d Pt `L441%It, 1-`-C , C o�Q ek D Address 5LL Can+ ' &*-5 en City Daytime Phone Fax # E-mail State Zip FOR OFFICE USE ONLY ZMA # SIGN # Fee Amount $ Date Paid By who? Receipt # Ck# By County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Zoning Map Amendment Application Revised 2/28/2019 Page 1 of 6 Section 15.2-2284 of the Code of Virginia states that, "Zoning ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the locality." REQUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE OFFICIALLY SUBMITTED 19 Application Signature Page 21 One (1) completed & signed copy of the appropriate checklist (see list on page 3). n f a. — ❑ One (1) copy of the Pre -application Comment Form received from county staff C(u 64%�tlL e",A Je c 91 One (1) copy of any special studies or documentation as specified on the Pre -application Comment Form o!n- , ❑ Seventeen (17) folded copies of a Conceptual Plan for conventional zoning districts (see districts on page 1) t�\'k OR P ❑ Seventeen (17) folded copies of an Application Plan for planned development districts (see districts on page 1) ® Seventeen (17) copies of a written narrative The narrative must be laid out to identify each of the bulleted TITLES as follows: • PROJECT PROPOSAL The project proposal, including its public need or benefit; (be as descriptive as possible) ■ For proposed Neighborhood Model District (NMD) - Provide a statement describing how the proposed district satisfies the intent of Chapter 18 and if one or more characteristics of the neighborhood model delineated in section 20A.1 of Chapter 18 are missing from the application, then provide a justification as to why any characteristics cannot or should not be provided with the proposal • CONSISTENCY WITH COMPREHENSIVE PLAN The proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; ■ For proposed Neighborhood Model District (NMD) - Provide a narrative as to the project's consistency with the neighborhood model. • IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE The proposed project's impacts on public facilities and public infrastructure. • IMPACTS ON ENVIRONMENTAL FEATURE The proposed project's impacts on environmental features. • PROPOSED PROFFERS TO ADDRESS IMPACTS The proposed proffers to address impacts from the proposed project. Proffers are voluntary offers to use property in a more restrictive way than the overall zoning district classification would allow. By State Code, proffers must have a reasonable relationship to the rezoning and are not mandatory. The rezoning must give rise to the need for the proffers; the proffers must be related to the physical development or physical operation of the property; and the proffers must be in conformity with the Comprehensive Plan. Zoning Map Amendment Application Revised 2/28/2019 Page 2 of 6 REQUIRED ATTACHMENTS CONTINUED Xf One (1) copy of a local traffic impact statement as required by Virginia Code § 15.2-2222.1 and 24 VAC 30-155-40. td One (1) copy of the most recent recorded plat, that shows the Deed Book/Page Number, of the parcel(s) composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed project, both of which shall include a metes and bounds description of the boundaries. 19 Taxes, charges, fees, liens owed to the County of Albemarle As the owner/agent I certify that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle and have been properly assessed against the subject property, have been paid. For a Neighborhood Model District (NMD) - new or amendment of an existing NMD �/6- ❑ Seventeen (17) copies of the Code of Development satisfying the requirements of section 20A.5. r/ c.- ❑ One (1) copy of a parking and loading needs study that demonstrates parking needs and requirements and includes strategies for dealing with these needs and requirements, including phasing plans, parking alternatives as provided in section 4.12.8, and transportation demand management strategies as provided in section 4.12.12; provided that the applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. ni/- ❑ One (1) copy of strategies for establishing shared stormwater management facilities, off -site stormwater management facilities, and the proposed phasing of the establishment of stormwater management facilities. OPTIONAL ATTACHMENTS: J" Proffer Form signed by owner(s) (1 copy). ❑ Additional Information, if any. (17 copies) - , fta+s„"'ra THE FOLLOWING ZONING DISTRICT CHECKLISTS WILL BE USED BY BOTH THE APPLICANT AND STAFF DURING THE MANDATORY PRE -APPLICATION MEETING. ALSO CONSULT THE OTHER DOCUMENTS BELOW BEFORE SUBMITTING AN APPLICATION: CONVENTIONAL ZONING DISTRICT CHECKLIST PLANNED DEVELOPMENT ZONING DISTRICT CHECKLIST NEIGHBORHOOD MODEL DISTRICT CHECKLIST PROFFER FORM (MS Word doe) STAFF ANALYSIS OF ZMA & SP REQUESTS WATER AND SEWER EVALUATION CHECKLIST PLANNING COMMISSION REQUEST FOR INFO Zoning Map Amendment Application Revised 2/28/2019 Page 3 of 6 APPLICATION SIGNATURE PAGE If the person signing the application is someone other than the owner of record, then a signed copy of the "CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER" form must be provided in addition to the signing the application below. (page 6) Owner/Applicant Must Read and Sign By signing this application, I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner of the subject parcel(s) listed in County Records. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application, I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written communication from also being sent via first class mail. Signa f Owner / Agent / Contract Purchaser U jet W le S c e-o Print Name 311-(0 /20� Date 0.5q—ZI8- 05rl3 Daytime phone number of Signatory Zoning Map Amendment Application Revised 2/28/2019 Page 4 of 6 Required FEES to be paid once the application is deemed complete: What type of Zoning Map Amendment are you applying for? Staff will contact you regarding the fee once the application is deemed complete Zoning Map Amendment of less than 50 acres $2,688 ❑ Zoning Map Amendment of greater than 50 acres $3,763 ❑ Application submitted under section 30.7.6. NO FEE ALL ZONING MAP AMENDMENTS - FIRE RESCUE REVIEW FEE $75 Jd Initial notice fee provided in conjunction with an application, for preparing and mailing notices and published notice $435 Other FEES that may apply: Fees for re -advertisement and notification of public hearing after advertisement of a public hearing and a deferral is made at the annlicant's request ➢ Preparing and mailing or delivering up to fifty (50) notices $215 + actual cost of first-class postage ➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage Actual cost based on a cost quote from ➢ Published notice (published twice in the newspaper for each public hearing) the publisher (averages between $150 and $250) ➢ Application submitted under section 30.7.6. NO FEE ➢ Special Exception —provide written justification with application $457 Resubmittal fees for original Zoning Map Amendment fee of $2,688 ➢ First resubmission FREE ➢ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,344 Resubmittal fees for original Zoning Map Amendment fee of $3,763 ➢ First resubmission FREE ➢ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,881 The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance. Zoning Map Amendment Application Revised 2/28/2019 Page 5 of 6 CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER This form must accompany this zoning application if the application is not signed by the owner of theproperty. I certify that notice of the application for, AA,11 c j ayG Y 0 �lYl�� ✓1 �- [Name of the application type & if known the assigned application #] was provided to ,gee-y m t t l L LC- c,/v O,liuc- La C.Qu -e [Name(s) of the record owners of the parcel] the owner of record of Tax Map and Parcel Number 9 1 - Z O3 by delivering a copy of the application in the manner identified below: 0 Hand delivery of a copy of the application to on [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] Date e.M.gt i l�a�r hg a copy of the application to (,ce-y-, ri% i k L LC c A OtAk-4 G V4 &-Le- [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] on 3 I !0 Hezo to the following address o4ra'us� - �Ilc ,o w. �c{ tV\-Ou co M Date [Address; written notice mailed to the owner at the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records satisfies this requirement]. S gnature o pplicant L u a -�e, C-4-D Print Applicant Name Date Zoning Map Amendment Application Revised 2/28/2019 Page 6 of 6 DocuSign Envelope ID: 1053C6E3-BCOE-4872-A64D-45AC041EE572 March 16, 2020 County of Albemarle, Virginia Department of Community Development 401 McIntire Road Charlottesville, VA 22902-4596 Re: AUTHORIZATION TO SUBMIT LAND USE APPLICATIONS Creekmill LLC, a Virginia limited liability company (the "Owner") is the owner of Albemarle County tax map parcel number 09100-00-00-002D3 (the "Property"). The Owner hereby authorizes the following individuals and/or representatives of the named entities to submit land use applications on the Owner's behalf in connection with the proposed redevelopment of the Property. Nicole M. Scro, Justin M. Shimp, and Shimp Engineering, P.C., and its members and employees thereof Such land use applications may include applications, such as, zoning map amendments, special use permit applications, subdivision plat and site plan applications, and any other similar applications relating to the proposed redevelopment of the Property, pursuant to that certain Purchase and Sale Agreement by and between Blackbird of Charlottesville, LLC and Creek Mill LLC, dated January 23, 2020. CREEK MILL LLC, a Virginia limited liability company Do 5 db 1 By: CU Denise LaCour, Manager 3/16/2020 PROFFER STATEMENT MILL CREEK SELF STORAGE Date: March 16, 2020 ZMA#: 2020- Mill Creek Proffer Amendment Tax Map Parcel #: 09100-00-00-002D3 1.73 acres to be rezoned from PD-SC to PD-SC Creekmill LLC (the "Owner") is the fee simple owner of tax map parcel 09100-00-00-002D3 (the "Property"). The Property is the subject of the zoning map amendment application #ZMA-2020- known as "Mill Creek Self Storage." The Applicant for Mill Creek Self Storage is Blackbird of Charlottesville, LLC, a Virginia limited liability company. Mill Creek Self Storage community is herein referred to as the "Project." Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntary proffers the conditions listed in this Proffer Statement, which shall be applied to the Property if the rezoning is approved by Albemarle County. These conditions are proffered as part of the rezoning and it is agreed that the conditions are reasonable. 1. Use Restrictions. The use restrictions shall remain the same as the Proffer Statement of the original rezoning request for the Property, ZMA-95-21, with the exception of the elimination of Light warehousing as a prohibited use. The following uses (reproduced from ZMA-92-21) shall be prohibited (as defined at the time of the previous Proffer Statement, dated May 7, 1996): 22.21.a.3 Department Store 22.2. La.7 Furniture & Home Appliances (Sales & Service) 22.2. Lb.9 Indoor Theaters 22.2.1.b.22 Automobile, truck repair shop excluding body shop 24.2.1.2 Automobile, truck repair shop 24.2.1.4 Building materials sales 24.2.1.9 Factory outlet sales -clothing & fabric 24.2.1.20 Hotels, motels & inns Machinery & equipment sales, service & rental 24.2.1.22 24.2.1.23 Mobile home & trailer sales & service 24.2.1.24 Modular building sites 24.2.1.25 Motor vehicle sales, service & rental 24.2.1.32 Sale of major recreational equipment & vehicles 24.2.1.34 Wholesale distribution 2. Development of the property shall be in accordance with the plan titled "Avon Street Retail Development" initialed WDF, dated 3/27/96. 3. The Property shall be subject to a twenty-five (25) foot setback from adjacent properties. 4. While Light warehousing is allowed pursuant to Section 1 above, such Light warehousing shall be limited to self -storage facilities and such facilities shall be restricted to three (3) stories. This Proffer Statement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. [SIGNATURE PAGE FOLLOWS] 2 WITNESS the following duly authorized signature: Owner: CREEK MILL LLC a Virginia limited liability company Denise LaCour, Manager Mill Creek Proffer Amendment — Written Narrative March 16, 2020 Mill Creek Self Storage PROJECT PROPOSAL Blackbird of Charlottesville, LLC (the "Applicant") is the contract purchaser for property located in the County of Albemarle, Virginia (the "County"), of approximately 1.73 acres, designated on County tax maps as parcel 09100-00-00-002D3 (the "Property"). The Property is zoned Planned Development Shopping Center (PD-SC) and is designated on the Southern & Western Neighborhood Master Plan as Community Mixed Use. See the below table and photo for more information (the Property is identified by a yellow star and outlined in red). Tax Map Parcel No. Owner Acreage 1.73 Zoning Planned Comprehensive Plan Community Mixed 09100-00-00-002D3 Creekmill LLC Development Use Shopping Center 1 On behalf of Blackbird of Charlottesville, LLC, we request a proffer amendment to allow for a self -storage facility of approximately 100,000 square feet on the Property. The Property is currently an empty, vacant parcel that has a lightly manicured lawn (i.e. not wooded), and is located adjacent to a car wash, bank and market. The Property is a residue parcel of the Mill Creek Shopping Center. Therefore, the proffers and rezoning application applicable to the Mill Creek Shopping Center, ZMA-1995-00021 (the "Existing Zoning") impact the Property. The Existing Zoning prohibits "Light Warehousing." Per the County Zoning Ordinance, the end of the definition of self -storage states, "The use previously identified in this chapter as "light warehousing" is a self -storage facility." Therefore, the Existing Zoning prohibits the use currently defined as self -storage. Please see the enclosed materials (Proffer Statement of the Existing Zoning and Language from the County Zoning Ordinance) for further information. We believe the surrounding neighborhoods of Mill Creek Village, Avinity, Stone Creek Village, Lakeside, etc. will benefit from a self -storage facility, especially one that offers climate -controlled storage space. The current options for climate -controlled self -storage space in this area is very limited. CONSISTENCY WITH COMPREHENSIVE PLAN The Property is designated on the County Southern & Western Neighborhood Master Plan as Community Mixed Use, which calls for "a mixture of residential and retail uses and services that serve the community." A self -storage facility would serve the surrounding community. While a mixture of uses is encouraged within the building, a mixture of uses is achieved through the surrounding commercial uses (bank, market, car wash, food lion, etc.) and the surrounding residential (Lakeside, Mill Creek Village, Avinity, etc.) In addition, building footprints for commercial services are encouraged to be limited to less than 60,000 square feet. The building footprint proposed is less than such encouraged limitation, see the enclosed Illustrative Plan. Moreover, the Comprehensive Plan calls for a building height of 1-4 stories (2-3 preferred). The proposed building is 3 stories, per the Comprehensive Plan's recommendation. While the PD-SC regulations restrict building height within such districts to 65 feet, pursuant to the proposed Proffer Statement, self -storage facilities allowed on the Property shall be limited to three (3) stories. IMPACTS ON PUBLIC FACILITIES, PUBLIC INFRASTRUCTURE, AND ENVIRONMENTAL FEATURES The Property is mostly flat, with very limited slopes, and therefore minimal, if any, slope disturbance will occur from development. In addition, sufficient utilities and infrastructure from the Mill Creek Shopping Center are already in place right up to the Property line. In fact, the proposed parking area will extend off of the existing roadway, Mill Creek Drive, which surrounds Union Bank. Moreover, stormwater from the Property will be served by the existing stormwater detention facility behind Monticello High School. Traffic Impact Statement According to the Institute of Traffic Engineers (ITE), a self -storage facility of approximately 100,000 square feet is estimated to produce 151 trips per day. Such traffic generation is one of the less impactful uses that are allowed under PD-SC generally and the Existing Zoning. 2 In sum, there will likely ne minimal to no impacts on public facilities, infrastructure, and environmental features from the proposed redevelopment. PROPOSED PROFFERS TO ADDRESS IMPACTS The proposed Proffer Statement allows for Light warehousing, unlike the Existing Zoning. However, it only allows such use on the Property (a portion of the property impacted by the Existing Zoning, see the attached Existing Application Plan). In addition, the proposed Proffer Statement limits such Light warehousing to self -storage facilities only. Moreover, such facilities are restricted by the proposed Proffer Statement to three (3) stories so as to minimize the impact of the scale and massing of the building, and to put the zoning on the Property in alignment with the Comprehensive Plan's recommendation I preference for 2-3 story buildings. The Existing Zoning could allow for a commercial use and building of a much larger scale, massing, and impact (including traffic impacts). Due to the lack of nearly any self -storage facilities in this area (especially climate -controlled self - storage space), and the limited impacts of such proposed facility, we believe the proposed development will be an asset to the community. 3 � M e r i± N �n ti 1 't I kNO I � 1 Ar . rJf