HomeMy WebLinkAboutZMA200500002 Staff Report 2006-02-08COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDATITLE:
ZMA 05 -02 County Fire Station at Airport Road
S U BJ ECT /PROPOSAL /REQU EST:
Request to rezone approximately 1. 16 acres which is
a portion of Tax Map 32 Parcel 18 from RA to PDIP
and to amend the proffers and application plan for
the University of Virginia Foundation (North Fork)
Research Park for a portion of Tax Map 32 Parcel 6a
which is zoned PDIP.
STAFF CONTACT(S):
Cilimberg, Echols
LEGAL REVIEW: NO
AGENDA DATE:
February 8, 2006
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YES
BACKGROUND:
On December 20, 2005 and on January 17, 2006, the Planning Commission held public hearings on this rezoning.
Exhibits A and B contain the staff reports for the public hearings (without proffers and plans). Between the second staff
report and the Commission meeting, the applicant made several changes to the proffers, which had been
recommended in the staff report. These modified proffers were presented to the Commission at the meeting. During
the meeting, the applicant verbally agreed to make two additional wording changes related to minimum driveway
separations and the timing for extension of sewer to the fire station. The Planning Commission recommended approval
of the rezoning with the proffers presented at the meeting and the changes agreed to by the applicant. Exhibit C
contains the proffers which were advertised for the rezoning.
DISCUSSION:
Since the advertisement appeared in the newspaper, the applicant has made additional changes to the proffers. (See
Exhibit D.) All but one of these changes are very minor wording revisions for clarification which are acceptable to both
the County Attorney's office and reviewing staff. They include a change to a note on the application plan to correspond
with a proffer, a change to the date of the application plan, and the location of commas.
The other revision has to do with Proffer 8.6 which previously contained a commitment to build a public street between
Tax Map 32 -6a (the existing zoned PDIP) and Tax Map 32 -18 (for the proposed PDIP). This street was intended to
allow for the fire station driveway to connect to a public street leading to Lewis and Clark, when a median is installed on
Lewis and Clark Blvd. Staff requested that the street be public because of the desire for a public street connection
between Lewis and Clark to the east and Hollymead Town Center (across Airport Road) to the west and south. The
connection was initially agreed to by the Foundation's representatives. After consideration, though, the Foundation has
asked that the question of the street's status as "public" or "private" be considered as part of the larger rezoning for the
remainder of Tax Map 32 -18 — ZMA 05 -03. If approved, ZMA 05 -03 would add approximately 28 acres to the research
park and 500,000 square feet of additional office /research space. This rezoning is currently under review by the
Planning Commission.
RECOMMENDATIONS:
While staff would prefer that a commitment for a public street to connect Tax Map 32 -6a to Tax Map 32 -18 be made at this
time, deferring the decision on the status of the street is not viewed as problematic. The UVA Foundation currently has a
second rezoning under review by the County (ZMA 05 -03). Interconnections are an issue that will be discussed as part of
ZMA 05 -03. Decisions on whether any connection to the west of Tax Map 32 -18 is necessary as well as whether the
connection should be public or private can be made in conjunction with that rezoning.
If Lewis and Clark were to be built with four lanes prior to action on ZMA 05 -03 and the Foundation desired the street to be
built as a private street, they would make their request to the Planning Commission. The Commission could consider the
facts at that time and render a decision.
Staff recommends approval of ZMA 05 -02 with proffers and the amended application plan which are included as Exhibit D
of this packet.
ATTACHMENTS:
EXHIBIT A:
Staff Report dated December 20, 2005
EXHIBIT B:
Staff Report dated January 17, 2006
EXHIBIT C:
Advertised proffers dated January 19, 2006
EXHIBIT D:
Signed proffers dated January 31, 2006
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZMA 05 -02 UVA Research Park (North Fork) at
Airport Road
SUBJECT /PROPOSAL /REQUEST:
ZMA 05 -02 is a request to rezone
approximately 1.16 acres which is a portion
of Tax Map 32 Parcel 18 from RA to PDIP
and to amend the application plan for the
(formerly called) North Fork Research Park
for a portion of Tax Map 32 Parcel 6a which
is zoned PDIP.
OWNER /APPLICANT:
The University of Virginia Foundation
PROPOSAL:
STAFF:
Elaine K. Echols, AICP
PLANNING COMMISSION DATE:
December 20, 2005
BOARD OF SUPERVISORS DATE:
January 11, 2005
The applicant is requesting this rezoning in order to add 1.16 acres to the University of Virginia
Research Park (formerly known as the North Fork) for a fire station and to modify proffers relative
to the size of the parcel being proffered for the fire station, land disturbance of the buffers,
provision for future sewer extensions, temporary construction easements, and specific types of
training for hazardous materials. The property is located north of Airport Road and the location
map is Attachment A. The amended application plan is included as Attachment B. Attachment C
is the detailed plan for the construction of the fire station. Attachment D contains the proposed
proffers changes which were received on Friday, December 9, 2005.
BACKGROUND:
The University of Virginia Real Estate Foundation applied for and was granted a rezoning for the
North Fork Research Park for 525 adjacent acres in 1996; a requested amendment for setbacks
was approved in 1998. A copy of the previously approved proffers is included as Attachment E.
One of the proffers included conveyance of up to a five -acre site for a County fire station. Because
the Foundation now owns the adjoining parcel, it desires to convey a portion of the adjoining parcel
to the County for the fire station rather than acreage located entirely within the PD -IP zoned area.
A rezoning is required in order for all of the property to be in the same zoning district. The
Foundation also wishes to convey area sufficient for a fire station, but, not the full five acres
previously proffered.
The University of Virginia Real Estate Foundation has also applied for a rezoning for the entire
adjoining parcel. The Foundation wishes to submit this parcel in advance of the larger rezoning so
that the County can construct and provide this important community service facility in an expedient
manner.
DISCUSSION /FINDINGS:
Staff has identified the following factors which are favorable regarding this rezoning request:
The rezoning to PD -IP is in conformity with the Land Use Plan designation.
The fire station has been designed in accordance with a number of the Neighborhood Model
principles.
The fire station is a needed public facility in the northern part of the development areas.
Staff has identified the following factors which are unfavorable regarding this request:
The proffers are missing key elements including a commitment to develop in accord with the
plan for the fire station, a commitment to provide interconnections, conditions under which the
property will be conveyed to the County, limitations on disturbance of buffers, and details on
provision of sewerage disposal.
The fire station plan and the proffers are not consistent in some places.
Buffer disturbances are proposed in an area that was originally designated for preservation for
protection of an existing neighborhood. It should be noted that these disturbances are required
for Lewis and Clarke Drive to be constructed and are being supplemented with new plantings.
A septic system is proposed rather than a connection to public sewer for the short -term.
RECOMMENDATION:
Staff supports a rezoning to provide for this fire station, a vitally important public facility in this area
of the County. However, at present, there are a number of issues related to the proffers that must
be rectified before staff can recommend approval. In addition, determination is needed by the
Commission and Board on the appropriateness of the use of a septic system for the short term.
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STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
ELAINE K. ECHOLS, AiCP
OCTOBER 25, 2005
JANUARY 11, 2006
ZMA 05 -02 COUNTY FIRE STATION AT UVA RESEARCH PARK
Owner /Applicant: The University of Virginia Foundation owns the property and is also the
applicant.
Applicant's Proposal: The applicant is proposing to enlarge the Research Park by approximately
1. 16 acres to allow a County fire station to be built on properties identified as TMP 32 -6A and TMP
32 -18 and to modify proffers relative to the size of the parcel being proffered for the fire station,
land disturbance of the buffers, provision for future sewer extensions, temporary construction
easements, and specific types of training for hazardous materials. The Foundation owns both
properties. TMP 32 -6A is already zoned PD -IP. The request is for the small portion of 32 -18 to
share the zoning of TMP 32 -6A so that the fire station can be developed on a portion of the 4.88 acre
parcel.
Existing proffers for the Research Park include dedication of up to a five acre parcel for a County
fire station. It is the Foundation's desire to lease 4.88 acres to the County for the fire station and a
drainfield for the septic system. When a connection to sewer is made, the Foundation wishes to
convey to the County the property for the fire station minus the drainfield. The County Executive's
office has indicated that the full five acres is not necessary for the fire station use, provided all of the
improvements for the fire station can be accommodated on the acreage to be conveyed.
The applicant has requested a modification of the following proffers:
Proffer 7.2 — Buffer Areas — to allow for disturbance of buffer areas for construction of the
previously approved Lewis and Clark Drive and disturbance of a new 50 foot buffer on the
west side of the property.
Proffer 8.1 — Fire Station — to eliminate the proffer for dedication of a fire station (with the
intent to replace the proffer with language that would allow for lease of land at no cost to the
county to construct a fire station), to require conformity of the fire station and all
improvements to the University Research Park Design Guidelines, allow for temporary
construction and access easements, and to specify conditions for hazardous materials
training.
The applicant has made the following additional proffer:
Proffer 8.4 — to extend sewer laterals to the fire station site when any property, other than the
property for the County fire station site, is platted or is approved as a site plan.
Petition
PROJECT: County Fire Station at UVA Research Park
PROPOSAL: Rezone 1.16 acres from RA - Rural Areas: agricultural, forestal, and fishery uses;
residential density (0.5 unit /acre) to PDIP (with proffers) - Planned Development Industrial Park -
industrial and ancillary commercial and service uses (no residential use), and rezone 477.67 acres
from PDIP to PDIP (with amended proffers). The 1.16 acre piece of land would be added to the
UVA Research Park. The property is also located in the EC Entrance Corridor which is an overlay
zone to protect properties of historic, architectural or cultural significance from visual impacts of
development along routes of tourist access.
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PROFFERS: Yes_X_ No
EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Industrial Service -- warehousing,
light 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).
LOCATION: The lands proposed for rezoning are a portion of Tax Map and Parcel 32 -18 and Tax
Map and Parcel 32 -6A located on the north side of Airport Road (Route 649) approx. one half mile
west of the intersection of Airport Road and Route 29 North, and more particularly described as
follows: (1) the lands to be rezoned from RA to PDIP are a portion of Tax Map 32 Parcel 18
comprised of a 1.16 acre triangular- shaped piece of land beginning at a point along Tax Map 32
Parcel 18's shared boundary with Tax Map 32 Parcel 6A at a point that is 888 feet north of Tax Map
32 Parcel 18's southern boundary line at Airport Road, thence 168 feet N 59° 48' 41" W, thence 600
feet N 30° 11' 19" E, thence 623.1 feet S 07° 52'53" W, back to the starting point (hereinafter "Parcel
A "); (2) the lands to be rezoned from PDIP to PDIP (with amended proffers) are Tax Map 32 Parcel
6A, a 477.67 acre piece of land, a portion of which abuts and is east of Parcel A.
MAGISTERIAL DISTRICT: Rio
Character of the Area: The portion of the properties under consideration for rezoning are currently
undeveloped. Uses along Airport Road include a large undeveloped area, a Postal Service
distribution facility, offices, residential buildings, retail uses and a church. The property abuts
Airport Acres (a residential development) to the east. Uses in the vicinity include residential uses,
small industrial uses, and the Charlottesville /Albemarle Regional Airport.
Planning and Zoning History: The University of Virginia Real Estate Foundation applied for and
was granted a rezoning for the North Fork Research Park for 525 adjacent acres in 1996. (ZMA 95-
04) In addition to the PD -IP approved uses, three special use permits were granted for laboratories,
supporting commercial uses, and hotels /motels /inns. A copy of the previously approved proffers is
included with Attachment E. In 1998, the Board approved an amendment to the district to allow
setbacks to be ten feet from the internal streets within the development (ZMA 98 -27). The proffers
approved for ZMA 95 -04 were not changed.
Specifics on the Proposal: Attachment C contains the detailed plan for the fire station site. This
plan represents the layout for a 15,000 square foot fire station, a parking area, and driveways for
circulation. This fire station would be similar but not identical to the fire station near Monticello
High School which was approved with SP00 -39. The Monticello fire station only has two - double
bays and this fire station would have three double -bays for fire trucks. Two driveways from Lewis
and Clark Drive are shown on the plan. A temporary entrance would be closed at a future date.
Commitment to develop according to the plan, conditions under which the temporary entrance would
be closed, use of a septic system, and implications of buffer disturbances are discussed later in this
report.
By -right Use of the Property: Tax Map 32 Parcel 18 could not be subdivided to create a 1.16 acre
parcel. The minimum lot size in the RA district is 2 acres if development rights are available. As
part of a 27 acre parcel, the area has uses allowed in the RA zone. If it could be subdivided, by-
right use would be limited to agricultural or forestal uses because of the small size of the site. By-
right use of the parcel zoned PD -IP would be any industrial use, supportive commercial use, or
public facility allowed by the existing zoning.
al
Conformity with the Land Use Recommendations in the Comprehensive Plan
Applicable statements from the Comprehensive Plan relevant to this site are identified below in
italics. Staff comments relative to the recommendations of the Land Use Plan follow each
statement:
The area west of Route 29 North is intended for industrial and office uses as a large employment
area. It is expected that these uses will be "basic " employment generators and potentially of a
large scale and with an airport orientation. The Office Service area consists of approximately 25
acres along Airport Road and 40 acres West of the Regional Service area on me West side of
Route 29 North. The balance of the employment generating area is Industrial Service.
The requested rezoning is for PD -IP which is an industrial designation.
Develop all industrial /office areas in a highly sensitive manner that clusters development in
suitable areas and protects environmental features through the provision of open space. For the
area now referred to as the North Fork Research Park, limit development to 525 acres. Total
buildable area shall not exceed 3, 000, 000 square feet. Development of the entire industrial area
shall be pursuant to an overall planned development under appropriate planned development
zoning.
The wetlands in open space shown on the original rezoning plan for the research park are not
affected by the placement of the fire station.
Staff does not believe that expansion of the park by 1.16 acres is prohibited by the statement
in the Comprehensive Plan. Placement of this statement in the Plan predated the rezoning of
the Research Park. The language was included to stipulate the expected development of the
land that at that time would be subject to that rezoning. It was not intended to preclude
additional area from being rezoned to an industrial designation since the Land Use Plan
designates more land than that subject to the Research Park rezoning as Industrial Service.
The current request for expansion of the Research Park is in this additional area.
Provide a plan to address historic features located in the area referred to as the North Fork
Research Park to retain historic context and continuity.
No historic features have been located in the area under consideration for rezoning.
All industrial /office areas should be substantially buffered from residential areas. This is
accomplished through the planting of new vegetation and preservation of existing vegetation.
For the area now referred to as the North Fork Research Park, provide a 50' buffer around the
perimeter.
A portion of the existing 50' buffer on the eastern side of the park which adjoins Airport Acres
will be disturbed with construction of Lewis and Clark Drive. This disturbance is necessary
because the proffered street cannot be put in this narrow area of the park without disturbing the
buffer. The proffers reflect a commitment to replant the disturbed part of the buffer after street
construction. Staff believes that if Lewis and Clark is constructed as previously approved, the
buffer has to be disturbed because of the narrowness of the parcel and the location of a stream
5
which must be crossed. The stream is not a "protected stream "; however, it is active. The flow
must be diverted and the diversion structures must be put in the buffer.
Public Facility Improvements include:
- Locate a police substation in or near the Hollymead /Piney Mountain area to reduce response
times to the northern urbanized portion of the County.
- Locate a joint fire /rescue station in or near the Hollymead /Piney Mountain area to reduce
response times and increase fire and rescue capabilities to the northern urbanized portion of
the County.
The purpose of the rezoning is to help facilitate the development of a fire /rescue station in the
Hollymead community. The County does not have police substations as such; however, the fire
stations offer office space for County policemen.
- Water and sewer improvements as identified in the `Utilities' section of this plan.
Water supply is sufficient to serve this use. The applicant has not proposed use of public sewer
at this time because of the expense involved. A septic system is proposed which is shown on the
concept plan. At the time that a final site plan or subdivision plat is approved for any building or
lot in Area D shown on the Application Plan, other than the fire station lot, the applicant would
install a sewer line to the property and septic system. The County would pay the costs for
laterals and any connection fees.
The UVA Foundation has said that the cost to extend sewer service to the fire station lot will be
so expensive that it is unreasonable to extend for a single use. Estimates from the applicant's
consultant are $130,000 to connect to sewer (available near the intersection of Airport Road and
Route 29) vs. installation of a septic system which would cost approximately $22,000. A soils
analysis was done and indicated suitable soils to support the system envisioned. Proffers
indicate that a connection to public sewer will be made before a second lot is platted in Area D
or a second site plan is approved. The Foundation would also like for the extra area for the
septic system to be available to be converted to development after connection to the public
sewer. More discussion on these two topics occurs later in the report.
Principles of the Neighborhood Model
Staff has assessed the overall design and layout of the fire station for conformity with the principles
of the Neighborhood Model and provides the following assessment.
Pedestrian A pedestrian path is proposed on same the side of the street as the fire
Orientation station. A sidewalk will connect the path to the building itself.
Neighborhood
Lewis and Clark Drive is proposed as a four -lane divided street connecting
Friendly Streets
Route 29 to Airport Road at a future date. Trees are proposed in the median
and Paths
of Lewis and Clark Drive but not between the back of the curb and the
asphalt path. As part of a staff report for a worksession on the rezoning of
the remaining 27 acres of TMP 32 -18, staff recommended that sidewalks
and street trees replace the proposed path system. Staff believes that this
issue can be decided at the time of the rezoning of the larger parcel rather
than this small section of the property because only a two lane section is
proposed for access to the fire station.
Interconnected
The plan does not show interconnections to adjoining parcels; however, the
Streets and
layout allows for the possibility of an extension to the adjoining parcel.
Transportation
Staff had asked the applicant for a commitment to construct a public street
Networks
through this parcel, if it was determined during the rezoning of the
remaining 27 acres of TMP 32 -18 that one was necessary. The applicant
has declined.
Staff believes that an interconnection through TMP 32 -6a to TMP 32 -18
will likely occur in the general area near the fire station. When Lewis and
Clark becomes a four -lane road, there will be a median at the "temporary
access" entrance. It is essential that access for fire trucks and personnel be
provided from an interconnecting street when Lewis and Clark becomes a
four -lane road because there will be no median break. No commitment has
yet been made by the applicant regarding the interconnection and how
access will be provided to the County.
Parks and Open
No parks or open space are proposed with the fire station nor are they
Space
viewed as necessary. Open space will be provided in other sections of the
Research Park.
Neighborhood
The fire station can act as a neighborhood center; however, no direct
Centers
pedestrian access is provided from the residential areas. The
appropriateness of this general area as a center is being considered as part
of the Places 29 Master Plan development.
Buildings and
The building will have one -story and will face Lewis and Clark Drive.
Spaces of Human
Because of the small size and scale of the building relative to the width of
Scale
Lewis and Clark Drive, good spatial enclosure will not be achieved. This
occurs largely because of the existing plan for the Research Park which was
approved with a different form of development. Architectural control by
the University Foundation has been proposed; however, the details have not
yet been finalized. This is an issue in need of resolution in the proffers.
Relegated Parking
Parking is located behind the fire station and is appropriately relegated on
the site.
Mixture of Uses
The Research Park contains a mixture of uses; however, none of the uses
are residential. The existing zoning prevents residential uses the Research
Park.
Mixture of Housing
This principle is not applicable.
Types and
Affordability
Redevelopment
This principle is not applicable.
Site Planning that
Minimal grading is expected for the development of the fire station, which
Respects Terrain
is shown on the fire station plan. More extensive grading is expected for
construction of Lewis and Clark Drive, however, than for the fire station.
The location and characteristics of the approved Lewis and Clark Drive
were set with the previous rezoning.
Clear Boundaries
This principle is not applicable as the property does not adjoin the Rural
with the Rural
Areas.
Areas
STAFF COMMENT
Relationship between the application and the purpose and intent of the requested zoning
district
According to the Zoning Ordinance, the RA zoning district is intended for preservation of
agricultural and forestal lands and activities, water supply protection, limited service delivery to the
rural areas, and conservation of natural, scenic, and historic resources. Since the property is located
in the County's development areas, the current zoning district is not appropriate for future use of the
property.
The Land Use Plan recommends this area for industrial service. Zoning districts for industrial
service designations are LI Light Industrial, HI Heavy Industrial, and PD -IP Planned Development
Industrial Park. The purpose and intent of the PD -IP district is to permit a variety of industrial uses,
together with certain uses ancillary thereto, which are compatible with and do not detract either from
each other or from surrounding districts. PD -IP zoning is appropriate for areas served by water and
sewer facilities, or if such facilities are reasonably available; areas served by major highway, rail or
air service, or secondary road improved to standards approved by the county; and areas having
clearly demonstrated suitability for intended uses with regard to physical characteristics and
relationship to surrounding development.
Staff views the requested zoning district as appropriate to the anticipated use.
Public need and iustification for the change
For the specific use requested, the public need is for a fire station in the northern part of the County.
While the fire station could be built in the existing research park without the rezoning, it is not
viewed as problematic to instead expand the park by 1.16 acres to enable the fire station to be
constructed on a portion of the adjoining parcel.
Anticipated impact on public facilities and services
No adverse impacts are expected on streets, water, and sewer. Connections to public sewer are
preferred to the use of septic systems in the Development Areas. The Comprehensive Plan states
that the Development Areas are to be served by public water and sewer. The Zoning Ordinance
states:
Section 32.7. S -Where deemed appropriate by the commission or the agent in accordance
with section 32.7.1, the developer shall provide, in accord with the regulations of the
particular utility, easements through the development for extension of such utilities to other
properties.
32.7.5.1 - Within the service areas of the Albemarle County Service Authority, where public
water and /or sewerage service is reasonably available, such service shall be extended by the
developer. All such facilities shall be constructed to Albemarle County Service Authority
specification and dedicated to the Albemarle County Service Authority. Except as otherwise
provided by Albemarle County Service Authority policy, all costs shall be borne by the
developer. For the purposes of this section, service shall not be deemed to be "reasonably
available" in a particular case in which:
a. The director of planning and community development in consultation with the Albemarle
County Service Authority finds that the capacity of the public water and /or sewerage
system is inadequate to serve the proposed development; or
b. The director of planning and community development in consultation with the Albemarle
County Service Authority finds that the cost of connecting the proposed development to
the public water and /or sewerage system, exclusive of connection fees, exceeds the cost of
installing an on -site well and /or septic system. (Added 5 -1 -87, Amended 1 -3 -96)
This section of the ordinance pertains to site plans and by -right development. Historically, on
legislative issues, the Commission and Board have considered the policy implications of using septic
systems in the development areas when taking action on a SP or ZMA as well as the expense. For
existing uses in the Development Areas, such as existing religious institutions, the Board has often
allowed use of septic systems. In these circumstances, the Board almost always adds a condition
that connection to public sewer will take place when sewer is available to the site. For the Kappa
Sigma Fraternity Headquarters in Neighborhood 4, though, the Board required connection to public
sewer as part of initial construction of the facility as a special use permit condition. The reason for
the requirement was that public sewer extensions were needed in this area of Neighborhood 4 and
several property owners indicated the ability to work together to extend the sewer and share the
costs. The building also had potential for frequent use as an area of assembly. The Planning
Commission and Board of Supervisors believed the condition was reasonable and the applicant also
supported the condition.
As previously indicated, UVA Foundation engineering consultants estimate that use of a septic
system would cost $22,000 and connection to public sewer would cost $130,000. Staff would note
that $130,000 is approximately 4% of the cost to construct the facility and the street serving the
facility. As a percentage of the total cost, the expense could be viewed as reasonable. Staff would
also note that an industrial or office use for the park would almost certainly need public sewer rather
than a septic system.
The cost for a septic system or connection to public sewer would be born by the UVA Foundation as
part of the requirement to provide a subdivided parcel of land to the County for the fire station. Staff
believes that the Planning Commission and Board should consider whether connection to public
sewer is warranted at this time or could wait until a later date.
E
Anticipated impact on natural, cultural, and historic resources
No adverse impacts on natural or cultural resources are expected for the fire station site. There are
no perennial streams, slopes, woodlands, wetlands, or floodplain on the property to be developed as
a fire station. A wetland area is located to the south of the property, which must be protected from
development of the property. Lewis and Clark Drive will cross an intermittent stream which flows
away from the wetlands towards the Rivanna River. The stream crossing is required in order to
connect Lewis and Clark Drive from Rt. 29 to Airport Road. The location of the road was
previously approved with the original research park rezoning. Woodlands serving as a buffer for an
existing residential subdivision will also be disturbed
There are no known historic resources on the site; however, the historic preservation planner
identified a house on TMP 32 -18 which should be surveyed before demolition because it was
constructed around 1925.
Proffer Discussion
As previously indicated, the applicant has requested a modification of the several proffers. A
detailed discussion follows:
Section VII — Landscaping and Buffers
Proffer 7.2 has been expanded to include subsections A, B, C, and D. Existing Proffer 7.2 included a
commitment to plant additional landscaping for screening. The current proffer moves this
commitment to subsections B and D. The original proffer also included a commitment to plant
durable trees for screening in section B -7 on the plan. The current proffers have not included this
commitment. Section B -7 is not a part of the area under review for the fire station; however, at this
time, it is unknown what impacts might occur on B -7. Staff hopes to provide additional information
at the Commission meeting on this item.
Subsections A and B of Proffer 7.2 has been added to identify the eastern buffer, specifically, and
add allowances for disturbance. The purpose of the buffer on the east side of Lewis and Clark Drive
was to help protect the residents of Airport Acres whose property abuts the Research Park.
The proffer itself would allow for unrestricted disturbance from Airport Road to 100 feet north of the
site for the fire station for construction of Lewis and Clark Drive.
The County Engineer has said that the fill required for Lewis and Clark Drive stream crossing will
not encroach into the buffer. However, temporary erosion & sediment control measures that will
allow the construction of the stream crossing will encroach into the buffer causing some of the
existing screening trees and vegetation to be removed. The existing stream flows continuously even
though it is classified intermittent on the USGS maps. Therefore, a temporary stream diversion will
need to be constructed to divert the stream around the location of the new culvert pipe. This will
allow the pipe bedding material and backfill to be placed and adequately compacted in "dry"
conditions. It also reduces erosion & sedimentation by preventing equipment from operating within
the flowing stream. Other erosion control measures such as sediment traps, runoff diversion berms,
and silt fence will be needed on the downstream side of the road. These temporary measures will
encroach the buffer but will be removed when the road embankments are stabilized with vegetation.
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The Zoning Administrator has determined that this buffer disturbance requires a proffer amendment
and the County Engineer has determined that the buffer must be disturbed if Lewis and Clark is to
constructed as shown on the original approved application plan. Because of the potential impacts to
the Airport Acres residents, staff looked to see if there were viable alternatives to the disturbance
and found none. The location of Lewis and Clark Drive was established through a previous rezoning
and has now obtained status as a planned road that is part of a parallel street system in the northern
part of the County. The location of the wetlands to the west of the proposed road, the existing
driveway entrance onto Airport Road and engineering requirements for horizontal curvature of the
road prevent a redesign of the road through TMP 32 -18. A redesign of the road is the only way to
avoid disturbance of the buffer. To help mitigate impacts, though, the applicant has proffered to
provide screening and landscaping between the lots in Airport Acres and the new Lewis and Clark
Drive.
The standard proposed is a "rural looking" streetscape on the east side of Lewis and Clark Drive.
Staff believes that this standard is appropriate because the goal is to establish a dense vegetative
screen, not a "formal open space ". Staff believes that additional proffers should be made that limit
the area and amount of disturbance. Staff also believes that trees to be planted should have a
minimum caliper requirement that will allow for a quicker establishment of the screen than would be
required by the zoning ordinance.
Subsection C allows for disturbance of the existing 50 foot buffer on the western side of the property
for a distance of 100 feet north and south of the parcel. The reason for this disturbance relates to
grading needed for construction of Lewis and Clark Drive through the narrow portion of Tax Map
32 -6a. Staff believes that this disturbance is not problematic because it would only affect property
owned by the University Foundation.
Subsection D allows disturbance of a new 20 -foot buffer on the west side of the property that
includes the 1.16 acres to be added to the Research Park. Replanting is required if viewed as
necessary during the site plan process. (Usually parking lots are considered "objectionable features"
that require screening.) In addition, the applicant has a proffer that the western buffer will be
eliminated when TMP 32 -18 is rezoned.
To staff, disturbance of the western buffer is not considered as problematic as disturbance of the
eastern buffer. The western property line abuts RA land that is shown for Industrial Service on the
Land Use Plan. Ten years ago, when the original rezoning was proposed, Albemarle County was
concerned that properties zoned RA needed to be protected from industrial uses, even if they were in
the Development Areas. Now the concern isn't as great in some places. Grading is not viewed as
problematic for this part of the site. Staff expects that removal of the entire buffer will take place
with the rezoning of TMP 32 -18 and 32 -18a.
Two minor issues exist with this proffer related to consistency between the plan and the proffers.
The fire station plan proposes a 50 -foot buffer around the park, including the 1.6 acre parcel on the
western side of Area D, and the rp offers provide for a 20 -foot buffer. Secondly, it needs to be
clarified whether the County or the applicant will be responsible for replanting the buffer, if
necessary.
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Section VIII. Fire Station
Existing Proffer 8.1 provides for dedication of up to a maximum of five acres for the purpose of
construction by the County of a fire and emergency response facility. The proffer also provides for
the applicant to acquire and dedicate an alternate parcel off -site of the Research Park.
In the current proffers, the applicant has eliminated this proffer; however, the Foundation has said,
"We understand the County will forward suggested language providing that the County and the
Foundation would enter into a ground lease agreement where the Foundation would lease the area
needed for the fire station and septic field to the County and once public water and sewer is
available to the Fire Station Parcel, the Foundation would dedicate the land, less the area needed
for the septic field. "
The County Executive's Office has indicated that the County does not need the full five acres,
provided that anything less than five acres is sufficient for the County's fire station and future fire
and emergency needs. The only use allowed for the proffered land is a fire and emergency response
facility. The proposed fire station is expected to be of sufficient size for the service delivery needs
and response times for this service area of the County. When service needs extend past the ability
of North Fork facility to respond, the County would add another fire station to the northern part of
the development area, not expand the facility.
Regarding a lease arrangement, the County Executive's office is amenable to having a lease at no
cost to the County for the lease to terminate and dedication of real property for the station to occur
once sewer has been extended to the site. There is an understanding that the Foundation would
bear the costs of a survey to establish the boundaries of the Fire Station Parcel, required site plans or
subdivision plats, and the preparation of the land lease.
As indicated in an earlier section of the report, a decision should be made as to whether temporary
use of a septic system is appropriate for the fire station. If it is viewed as appropriate, then the lease
arrangement is not viewed as problematic.
Proffer 8.1 A is an addition to the proffers which commits to providing temporary easements as
necessary for construction activity and ingress /egress. Staff believes this addition is appropriate.
Existing Proffer 2.2 for the entire park states, "The Declaration shall impose design and architectural
guidelines for each development area within the property; the architectural and design standards for
the respective development areas (the "Design Guidelines ") will ensure high quality architectural
and landscape design, and a harmonious well - balanced business community." Within existing
Proffer 8. 1, the following commitment is made, "So that the project's integrity, as contemplated in
Applicant's Design Guidelines, may be maintained it is applicant's desire that it be consulted on the
exterior design of the fire station if it will be located within the project."
New Proffer 8.1 B is a modified proffer by the Foundation to require that the fire station and all
improvements be in general accord with the Design Guidelines. Staff suggests that the proffer be
limited such that the facades and landscaping of the fire station would be in general accord with the
Design Guidelines. Staff believes that the layout of the site is in general conformity with the
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Neighborhood Model, especially as it relates to relegated parking and would not want that layout to
change to move parking to the front of the building.
New Proffer 8.1 C. is also a modified proffer from existing Proffer 8.1. Existing Proffer 8.1
provided for a contribution of funds and training sessions for hazardous materials training. The
proffer change removes the commitment for funding for training, retains a commitment to provide
training, and is specific as to how much training will be provided. At present, staff does not know if
this change is acceptable to the County's Fire and Rescue Division. Staff hopes to have an answer
by the time of the Commission's hearing.
Existing Proffers 8.2 and 8.3 are not included in the applicant's new proffers. Staff believes they are
intended to remain in their original form; however, staff will need to verify this information with the
applicant. Proffers 8.2 and 8.3, respectively, deal with prohibition of hazardous waste disposal in the
park and disposition of property if not used for the fire station.
Proffer 8.4 is a new proffer to extend sewer lines to the parcel when a final site plan or subdivision
plat for any new development in Area D shown on the Application Plan approved, other than the fire
station. The Foundation would pay to close the septic system and the County would pay to connect
the fire station to the sewer line and pay for any connection fees.
As discussed earlier in this report, a decision to accept this proffer is best left to the Commission and
the Board of Supervisors. If the Board believes that use a septic system in the short term is
acceptable, staff believes it should be clear that the Foundation will bear the responsibility for
installation of the septic system.
Needed Commitments
There are three areas for which additional commitments are needed from the applicant. First, it needs
to be clearly identified that the fire station plan is an amendment to the existing application plan and
is binding. Whether such a statement is needed in the body of the proffers or should just be
referenced on the proffer form is a format decision left to the County Attorney's office.
Secondly, a commitment to connect the driveways and parking lot to a future street connecting to the
remainder of TMP 32 -18 is needed in order for safe and convenient access when Lewis and Clark
Drive is four - laned. At present, staff believes that the responsibility for building the driveway to the
interconnecting street should belong to the Foundation. Staff also believes that the Foundation
should be responsible for closing the temporary access to Lewis and Clark Drive when the
interconnection is made.
Finally, a section needs to be added relating to timing of dedication for fire station site. This section
will relate to the land lease proffer; however, it must be provided to ensure that the County will own
the real property for the fire station.
SUMMARY
Staff has identified the following factors which are favorable regarding this rezoning request:
The rezoning to PD -IP is in conformity with the Land Use Plan designation.
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The fire station has been designed in accordance with a number of the Neighborhood Model
principles.
The fire station is a needed public facility in the northern part of the development areas.
Staff has identified the following factors which are unfavorable regarding this request:
The proffers are missing key elements including a commitment to develop in accord with the
plan for the fire station, a commitment to provide interconnections, conditions under which the
property will be conveyed to the County, limitations on disturbance of buffers, and details on
provision of sewerage disposal.
The fire station plan and the proffers are not consistent in some places.
Buffer disturbances are proposed in an area that was originally designated for preservation for
protection of an existing neighborhood. It should be noted that these disturbances are required
for Lewis and Clarke Drive to be constructed and are being supplemented with new plantings.
A septic system is proposed rather than a connection to public sewer for the short-term.
RECOMMENDED ACTION
Staff supports a rezoning to provide for this fire station, a vitally important public facility in this area
of the County. However, at present, there are a number of issues related to the proffers that must be
rectified before staff can recommend approval. In addition, determination is needed by the
Commission and Board on the appropriateness of the use of a septic system for the short term.
ATTACHMENTS
Attachment A — Location Map
Attachment B — Original Application Plan showing proposed amendment area dated 12 -13 -05
Attachment C — Application Plan Amendment dated 12/13/05
Attachment D — Amendments to University of Virginia Research Park Proffers dated 12/7/05
Attachment E — Proffers dated March 21, 1996
Attachment F — Survey of 1.16 acre parcel
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