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HomeMy WebLinkAboutZMA202000004 Resubmittal 2020-05-18FOR OFFICE USE ONLY SP # Fee Amount $ Date Paid By who? Receipt # Ck# By: Resubmittal of information for Zoning Map Amenament ,ram,_ PROJECT NUMBER THAT HAS BEEN ASSIGNED: Z©Z — e oOo 4 Owner/Applicant Must Read and Sign I hereby certify that the information provided with this resubmittal is what has been requested from staff Signa a of Owner, Contract Purchaser ail C a l 41!,- ��� V Print Name FEES that may apply: g/0C z.0 Date 4344 -z l r— 0--!5I5 Daytime phone number of Signatory ❑ Deferral of scheduled public hearing at applicant's request $194 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 $1,881 To be [laid after staff review for Dublic notice: Most applications for a Zoning Map Amendment require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. ➢ 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 ➢ Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (averages between $150 and $250) County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11/02/2015 Page 1 of 1 Mill Creek Proffer Amendment —Written Narrative Mill Creek Self Storage PROJECT PROPOSAL March 16, 2020 Updated May 18, 2020 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 Zoning Comprehensive Plan 09100-00-00-002D3 Creekmill 1.73 Planned Community Mixed LLC Development Use Shopping Center 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 to ensure consistency with the Comprehensive Plan. IMPACTS ON PUBLIC FACILITIES, PUBLIC INFRASTRUCTURE, AND ENVIRONMENTAL FEATURES The Property is mostly flat, with very limited slopes, and therefore minimal slope disturbance will occur from development. However, there are managed slopes towards the rear of the Property that will be disturbed. Such disturbance shall be done in accordance with Section 30.7 of the Zoning Ordinance. 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 will consist of parallel parking off of the existing roadway, Parham Circle, which surrounds Union Bank. The project will also utilize a shared roadway that straddles the property lines of the Property and TMP 91-2D1. While this roadway is shown on GIS as being fully on TMP 91-2D1, per prior surveys, the roadway actually straddles both property lines. See the enclosed Approved Site Plan (for a different use) Dated 8/15/2005 for informational purposes. 2 The project will also utilize existing stormwater facilities. 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. In sum, there will likely be 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). 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 / 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). The project also proposes an adjustment of applicable setbacks. There is an existing side and rear setback of 50 feet (abutting TMPs 91-1 and 91-2E0) as well as a 20-foot use buffer from these parcels. These setbacks are shown on the Illustrative Plan. We are proposing a reduced side and rear setback from 50 feet to 20 feet, as well as the ability to grade and clear vegetation within the 20-foot use buffer. See the Special Exception Section for further information. 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. SPECIAL EXCEPTIONS (1) 50' Side and Rear Setback (from TMPs 91-1 and 91-2E0) per Section 4.20 of the Zoning Ordinance We propose modifying this setback to 20' Pursuant to Section 8.2.b.3 of the Zoning Ordinance, the applicable regulations of 4.20, referenced above, may be waived or modified upon the following findings, such modified setbacks are found: (i) to be consistent with the intent and purposes of the planned development district under the particular circumstances, and satisfies all other applicable requirements of section 8; Planned District regulations (see Section 8.1) were "intended to promote: economical and efficient land use through unified development;..." By modifying the rear and side setback from the residential districts of TMPs 91-1 and 9102EO from 50' to 20', the pedestrian and vehicular infrastructure can more efficiently and economically orient towards portions of the PD-SC district 3 (i.e. the Union Bank and Tiger Fuel store and gas station), rather than towards the undeveloped residential districts. This is because the 50' setback from the residential districts would shrink the building footprint thereby necessitating the orientation of the parking areas towards the residential districts, so as to maximize use of the land. This orientation would not only be in conflict with the intent of Planned Districts as referenced above, but also, Section 25.4.2 of the Zoning Ordinance (PD-SC regulations), which states, "Uses, structures and parking areas shall be oriented toward primary access points and away from adjoining residential districts." In addition, the undeveloped residential districts are owned by Albemarle County and the Albemarle County Sewer Authority. It is unlikely the ACSA will develop their parcel with the need to connect to pedestrian infrastructure. Therefore, it is ideal that the rear of the proposed building is facing towards the ACSA property. (ii) to be consistent with planned development design principles; See above. (iii) that the waiver or modification would not adversely affect the public health, safety or general welfare; and Self -storage uses have very minimal, if any, adverse impacts on adjacent parcels due to its expected low traffic volume. In fact, it may be ideal to have the building structure face the residential districts rather than the vehicular traffic way, as the only impact from the self -storage building would be any traffic that might arise. By orienting the traffic towards the parcels with Tiger Fuel and Union Bank, the vehicular impacts from the facility will most impact those parcels, rather than the residential districts. (iv) in the case of a requested modification, that the public purposes of the original regulation would be satisfied to at least an equivalent degree by the modification. The purpose of the original regulation was to protect residential districts from impacts of industrial or commercial districts. The proposed self -storage building will have very little impact on the adjacent parcels due to the expected low traffic count as well as no additional noxious noise, odors, etc. The self -storage use is grouped with other industrial and commercial uses which are much more likely to impact surrounding residential districts. In addition, as stated above, one of the residential districts includes property owned by the ACSA. The self -storage facility can provide an ideal transition from any construction intended by the ACSA and abutting residential districts. Due to the low impact of self -storage use, the expected development of the ACSA parcel, and the limiting design or orientation of the subject Property, we believe a reduction of the side and rear setback from 50' to 20' is warranted. (2) 20' Use Buffer (from TMPs 91-1 and 01-2E0) Pursuant to Section 21.7.c of the Zoning Ordinance, a special exception allowing grading or clearing of vegetation in a use buffer may be waived provided the following is satisfied: (A) Grading or clearing is necessary and would improve the site design; 0 (B) Minimum screening requirements will be satisfied; and (C) Existing Landscaping in excess of minimum requirements will be substantially restored. A minor amount of grading and clearing of vegetation within the 20-foot undisturbed buffer may be necessary during construction of the Property. Such disturbance would be minimal, and any vegetation lost could very easily be restored. The buildings are required to be setback 20 feet so such non -disturbance buffer is only necessary for grading and perhaps minor clearing of existing vegetation. Due to the anticipated minor necessity of grading within this buffer only during construction, the already existing 20-foot building setback and thus the ease with which any cleared vegetation can be restored, we believe a special exception for minor grading and clearing activity in the non -disturbance buffer is warranted. ENCLOSED: Resubmittal Application Form Existing Zoning Proffer Statement Existing Zoning Application Plan Zoning Ordinance Language re. Self -Storage Facilities Updated Proposed Proffer Statement Dated 5/18/2020 Updated Illustrative Plan Dated 5/18/2020 Approved Site Plan (for different use) Dated 8/15/2005 Staff Comment Letter Dated 5/1/2020 Response to Staff Comment Letter Dated 5/1/2020 5 PROFFER STATEMENT MILL CREEK SELF STORAGE Date: May 18, 2020 ZMA#: 2020-00004 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 09100-00-00-002133 (the "Property"). The Property is the subject of the zoning map amendment application #ZMA-2020- 00004 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. 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-95-21) shall be prohibited (as defined at the time of the previous Proffer Statement, dated May 7, 1996): 22.21.a.3 Department Store 22.2.1.a.7 Furniture & Home Appliances (Sales & Service) 22.2.1.b.9 Indoor Theaters 22.2. Lb.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 24�1-21 Hotels, motels & inns right 24.2.1.22 warehousing Machinery & equipment sales, service & rental 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. Buildings on the Property shall be subject to a twenty (20) foot side and rear setback from adjacent properties. 4. Buildings with light warehousing use 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 ME Denise LaCour, Manager PARKING SCHEDULE ' Light warehousing is an unscheduled use; a request / for determination will be provided to the Zoning Administrator for review in conjunction with the site j plan. — 1 PROPOSED PARKING SCHEDULE Per approved SDP201900063 Pantops Corner / I Self —Storage, 10 parking spaces were approved for a / II 83,095 SF of light warehousing. 10 parking spaces were determined as sufficient for the presence of 2 I employees at any given time, and the remaining 8 spaces to accommodate the trip generation given. / \ TIGER FUEL / d For the proposed 105,000 SF of light warehousing, / / 15 spaces are provided. E% ON L__rJ \ I I I I / / PRO SED CROSSWALK C NECTS TO EXISTING SIDEWALK / SELF -STORAGE OFFICE 12. 1 .0 3 . UNION BANK / / Jji TMP 91-2D3 I ' ' / - - - - CREEKMILL LLC C/O DENISE LACOUR ZONE: PDSC USE: OPEN SPACE / / 1.73 AC TMP /91 -Y 35,000 SF PEIRSFLOOR ALBEMARKt COUNTY / PROPOSED SELF -STORAGE I SER)4OE AUTHORITY ;OKE: R1 RESIDENTIAL / USE: OPEN SPACE 9.54 AC I / EXISTING 50' SETBA�IC I / J / /— — — — — — — — — — — — — ' -------— — — — — -— - — — — — — — — — i PROPOSED 20' SETBACK ' ELF=ST,QRXGE LL'CJSTt ATI�CE P AID---- TIME __-------------- / COUNTY OF ALBEMARLE C/O FINANCE--- ---- / / /// ,� 11 50 - _-- -- �// 50/ 100 150 ----'' oMIPIUIST - PUB IC NE: R15 RESIDENTIAL — — — — — — — — - \ r13.27 AC , / 5/18/202G- , - - ---- Graphic S ale: 1 '=50'// / /