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HomeMy WebLinkAboutZMA200900005 Review Comments Zoning Map Amendment 2010-12-09- � 9 �'IRGII�ZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4176 December 9, 2010 Chris Shust Balzer and Associates, Inc. 15871 City View Drive, Suite 200 Midlothian, VA 23113 RE: ZMA 2009 - 00005, Kroger Fuel Center with Canopy Dear Mr. Shust: Staff has reviewed the photographs submitted on November 29, 2010, in support of the rezoning to permit construction of a fuel center in front of the Kroger store in the Rio Hills Shopping Center. Staff has also reviewed traffic counts taken in the Kroger parking area by the County Engineer, a copy of his memo detailing the results is included with this letter. Staff can support the addition of a fuel center at the Kroger (the use), but we will not be able to recommend approval of the fuel center location shown on the application plan because of potential conflicts between traffic driving in the parking lot and vehicles using the fuel center. More information on this is included in the County Engineer's memo. As staff indicated previously, we would be able to recommend approval of both the use and the location if the fuel center was shifted to the corner of the Kroger parking area that is directly across the travelway from the Blockbuster. Resubmittal or Public Hearing Although staff cannot recommend approval of the rezoning because of the fuel center location, we do need to know whether or not you wish to proceed to a public hearing with the Planning Commission. Within 30 days of the date of this letter, please do one of the following: (1) Request a public hearing be set with the Planning Commission. The next available dates are: • January 25, 2011 (request this date on or before January 3, 2011) • February 8, 2011 (request this date on or before January 17, 2011) • February 22, 2011 (request this date on or before January 31, 2011).OR (2) Request a deferral to another (later) Planning Commission meeting date. OR (3) Request indefinite deferral and state your justification for requesting the deferral. (Indefinite deferral means that you intend to resubmit /request a public hearing be set with the Planning Commission after the 30 day period.) OR (4) Request withdrawal of your application. If we have not received a response from you within 30 days, we will schedule your zoning map amendment for the next available Planning Commission public hearing after that. ZMA 2009 - 00005, Kroger Fuel Center, Chris Shust, December 9, 2010 2 We would be glad to meet with you to discuss these issues. Please feel free to contact me if you wish to meet or need additional information. Sincerely, Judith C. Wiegand Senior Planner Community Development cc: Maury DeFreitas Senior VP & General Counsel AEW SCT Rio Hill, LLC c/o Rosenthall Properties, LLC 8391 Old Courthouse Road, Suite 320 Vienna, VA 22182 Kroger Mid Atlantic P.O. Box 14002 Roanoke, VA 2401 �1RCtN1P County of Albemarle Department of Community Development Memorandum To: Judy Wiegand, Senior Planner From: Glenn Brooks, County Engineer Date: 14 Oct 2010 Subject: Kroger Fueling Station (ZMA200900005) In order to address my concerns at the site of the proposed Kroger fueling station, I asked the applicant to provide some factual data, such as traffic counts or studies. They have been unwilling to provide this information, so I have taken it upon myself to perform some basic counts, which are given in the following graphic; s C 0 c! 0 .1 14i 0 5` 06r 0 7b 0 0 � 1■ 2 r' c Counts of 14 Oct 2010 E)r Parking Lot at fill 0 0 DUT �v 3 Oom���tet�aff�«ou�n A B C 1 2 3 4 5 6 7 8 178 46 22 50 4 4 16 20 8 6 2. out 94 25 25 35 22 7 12 31 Ifi 1 1 `. This is a graphic representation of volumes over a 30 minute period entering and exiting various points in the parking area. As is evident, this supports the hypothesis that the majority of traffic on this site uses points A and 1. Point 2 is primarily an overflow for point 1, as cars avoid queuing at 1. Much of the activity at 4 -8 is inter - parking -lot circulation, and pass - through between B and C. This data supports my assertion in previous comments that the fueling station should be placed to avoid conflicting with the entrance /exit points at 1 and 2. It should be placed in one of the far corners of the parking lot. Albemarle County Community Development Engineering Review comments Page 2 of 2 The other concerns we discussed, namely which spaces are most used, and the routes of the fueling trucks, appear less critical. Fueling can take place at off -peak hours when there is room to maneuver in the parking area, and employee and storage parking which appears to occur in the rear can easily adjust. file: E2_zma_GEB_KrogerFuel.doc Judith Wiegand From: DeNunzio, Joel D., P.E. [ Joel .DeNunzio @VDOT.virginia.gov] Sent: Friday, May 21, 2010 3:37 PM To: Judith Wiegand Subject: ZMA- 2009 -00005 Kroger Fuel Center ZMA- 2009 -00005 Kroger Fuel Center Judy, I have reviewed the above subject zoning request and have no comments. Thanks Joel Joel DeNunzio, P.E. Staff Engineer 434 - 293 -0011 Ext. 120 joel. den unzio@vdot.virginia.aov *-&A County of Albemarle Department of Community Development Memorandum To: Judy Wiegand, Senior Planner From: Glenn Brooks, County Engineer Date: 12 May 2010 Subject: Kroger Fueling Station (ZMA200900005) The sketch plan for the fueling station at Kroger has been reviewed. The primary engineering issue appears to be circulation. The fueling station is situated along the path of the primary entrance and exit for the grocery store, and for the shopping center at large, where it will impact the majority of traffic. This raises the concern of potential conflicts with vehicles entering and leaving, and vehicles being serviced or waiting at the pumps. I have sketched the proposed plan on an aerial survey, and highlighted the main traffic pattern in red. It would be possible to move the proposed facility to another, less traveled portion of the parking area. A simple example is shown in the subsequent graphic. While it might require more turns for fuel truck deliveries, the conflicts with shoppers not using the fueling station would be less. r Albemarle County Community Development Engineering Review comments Page 2 of 2 0 Imp 01 a � L7 1 1 tl l� r E ti •. , i �' y 7 t 'aim .i 1 511 .1 .fY 71 'rJ7 rf � t 7[7 u i T7 � x i tifi Albemarle County Community Development Engineering Review comments Page 2 of 2 0 Imp 01 a � L7 1 1 �� of AL,9 IRGl � COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4176 March 5, 2010 Chris Shust Balzer and Associates, Inc. 15871 City View Drive, Suite 200 Midlothian, VA 23113 RE: ZMA 2009 - 00005, Kroger Fuel Center with Canopy Dear Mr. Shust: In reviewing our records concerning the above - referenced project, it has been at least 30 days since we have had any communication from you regarding this project. State law and County ordinance direct that action on a zoning map amendment (ZMA) be taken by the Planning Commission within 90 days of the date that application was made to the Planning Commission. The Board of Supervisors is obligated to take action within 12 months after the Commission's action. The date that the application to the Planning Commission is considered to be made is approximately two weeks after the submittal date. According to our records, application was made to the Planning Commission on December 1, 2009, and our most recent communication with you was our comment letter mailed on January 4, 2010. As we have not heard from you regarding the above - referenced project in at least 30 days, the County asks that you: • Request withdrawal of your application for the above referenced project OR • Request deferral of the application to a specific Planning Commission date to be determined in accordance with the Planning Commission's published schedule, OR • Request indefinite deferral and state your justification for requesting the deferral. If we do not receive any written correspondence concerning the above - referenced project by April 5, 2010, we will schedule this project for a public hearing with the Planning Commission with a recommendation based on the information in hand at that time. If you request deferral of the application to a specific Planning Commission date and we do not receive any written correspondence concerning the above referenced project by 60 days before that specific date, we will schedule this project for a public hearing with the Planning Commission] on that specific date with a recommendation based on the information in hand at that time. If you request an indefinite deferral, Sections 31.6.2(b)(2) and 33.7(b) of the Albemarle County Zoning Ordinance state: If the applicant requests that further processing or formal action on the application be indefinitely deferred, the application (petition) shall be deemed to have been voluntarily ZMA2009- 00004, Kroger Fuel Center, Chris Schust, March 5, 2010 2 withdrawn by the applicant (petitioner) if the commission or the board does not take action on the application within twelve (12) months after the date the deferral was requested. Upon written request received by the director of planning (planning and community development) before the application (petition) is deemed to be withdrawn, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed use, the complexity of the review, and the laws in effect at the time the request for extension is made. If no action is taken by the Planning Commission on the above - referenced project within 12 months from the date of your request for indefinite deferral, the project will be deemed withdrawn unless you request with justification and are granted an extension of the deferral period by the director of planning. We hope to hear from you in the very near future. Thank you for your time and attention to this matter. Sincerely, Judith C. Wiegand Senior Planner CC: Maury DeFreitas Senior VP & General Counsel AEW SCT Rio Hill, LLC c/o Rosenthall Properties, LLC 8391 Old Courthouse Road, Suite 320 Vienna, VA 22182 Kroger Mid Atlantic P.O. Box 14002 Roanoke, VA 24019 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4012 January 1, 2010 Chris Shust Balzer and Associates, Inc. 15871 City View Drive, Suite 200 Midlothian, VA 23113 RE: ZMA 2009 - 00005, Kroger Fuel Center with Canopy Dear Mr. Shust: Thank you for your recent submittal of a Zoning Map Amendment application to rezone the property at 1980 Rio Hill Center, Charlottesville, Virginia, from Planned Development - Shopping Center to Planned Development- Shopping Center in order to allow construction of a fuel center with a canopy at the Kroger. The information provided with your initial application has been reviewed by the Department of Community Development, including the Planning Division and the Zoning and Current Development Division. The County Engineer, Albemarle County Service Authority, and Fire /Rescue Department have also reviewed the project. Comments from all reviewers are summarized below, following the Neighborhood Model analysis. The Virginia Department of Transportation has no comments because the proposed ZMA only affects the parking lot. Comments from the Rivanna Water and Sewer Authority will be forwarded as soon as they are received. Conformity with the Comprehensive Plan: The Comprehensive Plan designates the subject property as Regional Service, which allows regional -scale retail, wholesale, business and /or employment centers, and residential (6.01- 34 units /acre), in Neighborhood One. The requested Zoning Map Amendment (ZMA) is consistent with this designation. Neighborhood Model: This ZMA is for construction of a fuel center with a canopy in the existing parking lot in front of the Kroger store in the Rio Hill Shopping Center. This ZMA is a revision to an existing district. Most of the district will remain the same. Several of the Neighborhood Model Principles apply to this rezoning. ZMA 2009 - 00005, Kroger Fuel Center, Chris Shust, January 1, 2010 2 Pedestrian This is an older shopping center, designed with sidewalks along the front of the Orientation buildings. Staff suggests consideration of a pedestrian path through the parking lot that would provide an attractive path for pedestrians and encourage them to avoid walking near the proposed fuel center. Neighborhood Staff is proposing an alternate circulation system for the area of the parking lot Friendly Streets and around the fuel center. If the recommended changes to the site plan are made, this Paths principle will be met. See staff comments below and Attachment A. Interconnected The proposed ZMA would result in only a small change in the existing shopping Streets and center layout. The center already has connections to US 29, Woodbrook Drive, and Transportation Myers Drive. This principle is met. Networks Parks and Open No open space or parks are included in this shopping center, except for some Space landscaped islands in the parking lot that contain trees. Since this ZMA is for a small change to the existing layout, this principle is not applicable. Neighborhood This shopping center, along with the surrounding uses, forms a neighborhood Centers center. This principle is met. Buildings and Staff may have additional comments on this principle during review by the Spaces of Human Architectural Review Board (ARB). Scale Relegated Parking This shopping center was developed prior to the County's request that parking be relegated. The addition of the fuel center does not offer the opportunity to reorient the parking, so this principle does not apply. Mixture of Uses This ZMA would add another retail use to an existing shopping center, so this principle is met. Mixture of Housing No housing is included in this ZMA, so this principle does not apply. Types and Affordability Redevelopment This ZMA would result in redevelopment of a small part of the existing parking lot in order to add the free - standing fuel center. If the changes to the traffic circulation in the vicinity of the fuel center are made, then this principle will be met. Site Planning that Very minimal grading, if any, will be necessary in the parking lot of the existing Respects Terrain shopping center. This principle does not apply. Clear Boundaries The property is not adjacent to the boundary with the Rural Areas, so this principle with the Rural Areas does not apply. Staff Comments Traffic circulation around the fuel center: Staff recommends a change in the circulation around the proposed fuel center, as described and illustrated in Attachment A. Parking: Staff notes that the parking requirements for the shopping center have been met. The current shopping center includes 1562 spaces, while 1280 are necessary to meet ordinance requirements. The proposed fuel center will remove fewer than 100 of the existing spaces. Lighting: Any new or replacement light fixtures must be full cutoff and must meet the requirements for lighting in the County's Zoning Ordinance. The lighting chosen must be sensitive to the residents of the homes to the rear of the church's property, since, especially during the winter months, lights may shine down into their homes and /or yards. ZMA 2009 - 00005, Kroger Fuel Center, Chris Shust, January 1, 2010 3 Architectural Review Board (ARB): Although it would be located approximately 650 feet from the Route 29 right -of -way, the proposed fueling center is expected to be visible from the Entrance Corridor. Entrance Corridor (EC) guidelines, including those for fuel pump canopies, apply to this development. The applicant has requested exceptions to the canopy guidelines for canopy length, canopy width, overall height, fascia height, and fuel dispenser height. It is anticipated that the ARB will be able to approve a fuel pump canopy for this location and that some exceptions to the canopy guidelines may be approvable. For example, the additional fuel dispenser height and canopy width in this proposal would appear to have minimal impact on the Route 29 EC. The specific design of the canopy regarding size, form, color, illumination, signage, etc. will influence the extent of the exceptions that can be approved. These issues are better resolved with an ARB application at the site plan review stage. Detailed drawings of the canopy proposal, with color samples, will be required at that time. It should be noted that the ARB may also require additional trees in the parking lot to offset the impacts of the canopy. EC applications, checklists, schedules and guidelines are available on -line at www.albemarle.org. Water and Sewer: The Albemarle County Service Authority has not indicated any problems with the proposed fuel center. Fire - Rescue: The proposed fuel center must comply with the Virginia Statewide Fire Prevention Code. Proffers from ZMA 1987 -00007 (approved September 2, 1987): The property is subject to ZMA 1987 -00007 and is proffered. Please be advised that these proffers remain in effect. Additional comments related to these proffers will be forthcoming. Concept Plan: Please include a revision date on the resubmitted concept plan. Resubmittal. When you are ready to resubmit, please provide that resubmittal on a resubmittal Monday. The resubmittal schedule for 2010 has not been prepared; however, resubmittals generally are taken on the first and third Mondays of each month. Please contact me about an appropriate date when you are ready. Make sure to put my name on the cover page of your resubmittal. After you have resubmitted, staff will provide a set of written comments for your review prior to setting the date for a public hearing. In those comments, we will advise you as to whether all substantive issues have been resolved or if additional resolution is needed. A public hearing with the Planning Commission will not be advertised until you advise us that the project is ready to proceed to a public hearing. At that time, the legal advertisement will be run in the newspaper and a staff report will be prepared to go to the Planning Commission. Please be advised that, once a public hearing has been advertised, only one deferral prior to the Planning Commission's public hearing will be allowed during the life of the application. The only exception to this rule will be extraordinary circumstances, such as a major change in the project proposal by the applicant or more issues identified by staff that have not previously been brought to the applicant's attention. As always, an applicant may request deferral at the Planning Commission meeting. ZMA 2009 - 00005, Kroger Fuel Center, Chris Shust, January 1, 2010 4 After you have reviewed these comments, if you wish to meet with staff on the comments, please let me know and I will set up a meeting. Please contact me at (434) 296 -5832, x. 3438, or e -mail me at: jwiegand @albemarle.org Sincerely, Judith C. Wiegand, AICP Senior Planner Attachments: A. Comments (with diagram) from Bill Fritz, dated December 23, 2009 B. Comment Memo from Albemarle County Service Authority, dated Cc: Amelia McCulley, Zoning Sarah Baldwin, Zoning Glenn Brooks, Engineering Bill Fritz, Current Development Gary Whelan, Albemarle County Service Authority Maury DeFreitas Senior VP & General Counsel AEW SCT Rio Hill, LLC c/o Rosenthall Properties, LLC 8391 Old Courthouse Road, Suite 320 Vienna, VA 22182 Kroger Mid Atlantic P.O. Box 14002 Roanoke, VA 24019 ZMA 2009 - 00005, Kroger Fuel Center, Chris Shust, January 1, 2010 5 Attachment A �� OF ALBS �IRGI'�1� County of Albemarle Department of Community Development Memorandum To: Judy Wiegand From: Bill Fritz Division: Zoning and Current Development Date: December 23, 2009 Subject: ZMA 2009 — 05 Kroger Fuel Center I have reviewed the information submitted in support of this application and offer the following comments: The location of the fuel center is in near the intersection of multiple travelways. It is my opinion that this may result in vehicle conflicts and potential backups onto the main north south travelway in the shopping center. My recommendation is that circulation be modified as shown below: (red is new travelway, green is new planting islands and blue is new parking) ZMA 2009 - 00005, Kroger Fuel Center, Chris Shust, January 1, 2010 _ f JS ID 3 ay /.' / 0 a s �rih.�o t o- t, bra fit. a t � . PRtPY�S tE.� ` LANMGAF ZMA 2009 - 00005, Kroger Fuel Center, Chris Shust, January 1, 2010 I Attachment B I ALBEMARLE COUNTY COMMUNITY DEVELOPMENT — Information from Service Providers ZMA200900005 Kroger Fuel Center with Canopy To be filled out by ACSA for ZMAs and SPs 1. Site is in jurisdictional area for water and sewer service. 2. Distance to the closest water line if in the development area is 170'. Water pressure is with gallons per minute at psi. 3. Distance to the closest sewer line if in the development area is 3201. 4. Capacity issues for sewer that may affect this proposal? none 5. Requires Rivanna Water and Sewer Authority capacity certification Yes _X No 6. Water flow or pressure issues that may affect this proposal? none 7. Red flags" regarding service provision (Use attachments if necessary) If the applicant proposes to connect to public water and sewer, backflow prevention is required as well as water /oil separation.