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ZMA198700019 Review Comments Zoning Map Amendment 2008-09-17
ALA„gir, `�RGIN1P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 September 17, 2008 Blake Hurt Northside Drive LLC P.O. Box 7885 Charlottesville, VA 22906 RE: Rescission of Official Determination ZMA-1987-19 Republic Capital Dear Mr. Hurt: On August 21, 2008 I issued an official determination regarding ZMA-1987-19. On September 11, 2008 we met to discuss that determination. As a result of that meeting I hereby rescind the referenced determination. This is based on the understanding that you are considering starting development of this project on the north portion of the property rather than adjacent to Airport Acres. Since our meeting we have also discussed this issue with the Director of Planning who agrees with the August 21, 2008 determination as written. We will resolve the matter of the four acre screened buffer prior to the approval of site development plans adjacent to Airport Acres. Please contact me if you have questions. Sincerely, John Shepherd Manager of Zoning Administration o 41- lll' p ,,,,G1N\P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax (434)972-4126 August 21, 2008 Blake Hurt Northside Drive LLC P.O. Box 7885 Charlottesville, VA 22906 RE: Official Determination ZMA-1987-19 Republic Capital Dear Mr. Hurt: You have asked if the proffers associated with ZMA-87-19 allow parking in the 4-acre screened buffer shown on the Master plan dated December 15, 1987. I have reviewed the file, the proffers and your e-mail dated July 29, 2008. I have also consulted with the Zoning Administrator and Deputy County Attorney on this matter. It is my determination that parking may not be located in the 4 acre screened buffer. This is based on Proffer#4, dated January 18, 1988. The proffer states: "We agree to restrict the development of the property to the general outline of the master plan which has been submitted as part of this rezoning application." The plan shows no development in the 4 acre buffer. Permitted activities in the 4 acre buffer are only those that are specifically identified in the proffers. These activities are limited to grading, the planting of screening trees, the construction of drainage facilities and the construction of berms, subject to Proffer#6, dated January 18, 1988, Proffer#7, dated January 18, 1988, Proffer#7, dated November 20, 1987 and Proffer#10, dated November 20, 1987. If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. Please contact me if you have questions. 1:\DEPT\Community Development\Zoning&Current Development Division\Determinations\Determination General\2008\Rivanna Commercial ZMA-87-19.doc Blake Hurt August 21, 2008 Page 2 Sincerely, John Shepherd Manager of Zoning Administration Enclosed: February 19, 1988 action letter January 18, 1988 proffers December 2, 1987 proffers November 20, 1987 proffers Master Plan dated December 15, 1987 I:\DEPT\Community Development\Zoning&Current Development Division\Determinations\Determination General\2008\Rivanna Commercial ZMA-87-19.doc •ut A` ,.111, 9 e il1000 ll, a • ` 1 1"//11,1'4\P COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 February 19 , 1988 Blake Hurt, President Republic Capital Corporation 108 Fifth Street, SE, Suite 207 Charlottesville, VA 22901 RE: ZMA-87-19 Republic Capital Dear Mr. Hurt: The Albemarle County Board of Supervisors, at its meeting on February 17 , 1988, approved the above-noted request to rezone approximately 25 . 6 acres from R-1, Residential to HI/LI, Heavy/Light Industrial. Property, located on the west side of Rt. 29N between Airport Acres Subdivision and Northside Industrial Park. Tax Map 32 , Parcel 22 . Rivanna Magisterial District. Please note that this approval is subject to proffer in letter dated January 18, 1988 (copy attached) from Blake Hurt (signed) , President, Republic Capital Corporation and addressed to Ron Keeler, County of Albemarle. This approval is also subject to 47 and #10 as outlined in proffer letter dated November 20 , 1987 (copy attached) from Blake Hurt (signed) , President, Republic Capital Corporation, to John Horne , County of Albemarle, with modification to #10 as outlined and verbally agreed to by Blake Hurt at Board meeting on February 17 , 1988 . This approval is also subject to #11 as outlined in proffer letter dated December 2, 1987 ( copy attached) from Blake Hurt ( signed) , President, Republic Capital Corporation, to Blake Hurt, President Page 2 February 19, 1988 John Horne, Planning Department, with modification as outlined and verbally agreed to by Blake Hurt at Board meeting on February 17 , 1988 . If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Si•cerely, // 1/C4/4-1<-(___. J. T. P. Horne D r-ctor of Planning & Community Development JTPH/jcw cc: Kathy Brittain • • • RI IBLIC CAPITAL CORPORA1_JN C=— T 4 108 MITI Sr.,SE SUITE 207 • CIIARLOTILSVILLE,VA.22901 804-979-5748 January 18, 198S �c.e.�.hRe.A 1/197gg7 Mr. Ron Keeler '"_1 County of Albemarle County Office Building McIntire Road Charlottesville, Va.22901 Airport Business Park Dear Mr.Keeler: In conjunction with our request for rezoning of our property at Airport Business Park we would like to make the following proffers: • 1. In order to provide a tangible incentive for the extension of public sewer to this industrial property, but in recognition of the lack of same currently,we hereby proffer that prior to the installation of public sewer the uses that will be allowed will be those that do not require public sewer and which can be served by domestic septic fields. Furthermore, the buildings which will be constructed will have less than a total of 225,000 square feet,until such public sewer is available. 2. We hereby proffer a restriction of the types of uses of the property for that portion of the property which will be HI. The uses that will be prohibited on the property would include the following: brick manufacturing; concrete mixing plants; manufacturing of sewage disposal systems; manufacturing and recycling of tires; petroleum,gasoline, natural gas and manufactured gas storage;sawmills;wood preserving operations. 3. We agree to restrict the uses of the 9 acres of Parcel 32-22C which is already zoned HI in the same way as provided in Section 2 above. 4. We proffer to restrict the development of the property to the general outline of the master plan which has been submitted as part of this rezoning application. 5. In the way of road improvements,we proffer to limit development of the property to not exceed the capacity of the access road until such time as the road is improved to accommodate the additional traffic generated by the added development of this rezoning. The capacity of the access road is that capacity which will accommodate the traffic from the contiguous properties if fully developed under the existing zoning. 6. We will expand the undisturbed buffer area from the required 30 foot width to a 50 foot width along the lot line which abuts the lots.of Airport Acres. 7. No portion of the buildings will be within the 4 acre buffer zone adjacent to the lots of Airport Acres. Please call me if you have any questions about these proffers. -o rs.truly, Blake Hurt President \htl • REPUBLIC CAPITAL CORPORATION •` -" NOV "3 y61 108 Fifth Street SE CHARLOT ESVILLE,VA 22901 804-979-$748 PLANNING D R [S I O N November 20, 1987 Mr.John Home County of Albemarle County Office Building McIntire Road Charlottesville, VA.22901 Dear Mr.Horne: In conjunction with our request for rezoning of our property at the Northside Industrial Park, we would like to summarize all the proffers that we have made to date. We have also added the two • additional proffers suggested by Mr. Lindstrom at the Board meeting on November 18. -1----- In ordeto-prouide.-a-ezugihlr-iucentiur for extension of_puhlic se we-.to-this. -industrial-pr erty,-taut-ia.recognitio$-of-ths-lack-©f-same-c- aptly-we,hereby-profee- -tliat-prie i-ths-lostorlon-of-pubkE3awer-t-lie-tses-t ra• 1-be lewetl )}fie-t ese -that do net--r-aguire-public- ver-a -which she•served -eloffiestie-septic- el$s. -Aad- £ -that-floe-build s f eted-wi3l-have-less ha4 e-tot-al-of =37098-sgt ace-feet-- -&trbsequeattcrthe--insta}latrorrof-publ;c-sewer, coustrnLtiuL wouhl-bc-limited- -to an additional-f'— 0osquarc-feet-or-forbotlr-pre=pu-blit-s-ew>rra -post7rublic--- -sewers-limit-ofapprrnamattly-450;000-spuai fLri- ---- e lcrLby-profferaTestriLtiuuoff the typerof use—of tl1G pI upei ty unueI s zurred -heavy-iminstiai:-Thcnses-that-wi±l t-be-al owed uu the property'wooi-d-inrluttethe- -folowing-list:Li iLl;-ararufatturirzg-coacrere-arising-rtfia ns-,-a tlfmuring-u71eWA-ge -dispoal-syst-eumi ufact-u-ring-and-r-eEyc-ling-of-t-ilss pe�relaura,gaselins natuural- -gas-an d-manuf ciu-r-ed-gas-stofage -sawmills;. 1-presarvi-ng-orations- -proffer-tfrres[fieE the-devebarmeuE-oFtlse-pr-open'-te-the-general-outline•ep the- asterglaawhich--h s-bees-submitted-as-part--4tlris . d------In-thrway-of road-inrprovcrn ents-wc-pr•offerto-linrit-•developracat-af-the-property-to- -Wert-exLccd-the- rpacityoofthe acc..a.s ,uad-until-such time-as-the-road-iv--improved-to -ac.,caramodat Ie-additional-t-raffiaeratedby.the-added-deuclopment.of4 ia.--- -rgaGrii g.-The-eapa-city- ihe-access-road-is-tthat-sapacat5,-which-will-accommodats.-thcs-- -traffiis orn-th€-coast-igueus-p-r-opaFties-if-f ly-dcwglope.d-unfir-the-oxist-inggoaing,- -5------Vdc agi cc to add Lire{1-atre of ftr l•- 2 CTtstleir noes- OTTfie purpose oT s'.-ric: -Lhc-heauy-industrialuse_thlt we have.pro ,..r.ed nn rhr21 arm. -6. We-wilyexpand-the-undisturbed• fferarea-ftent-the 30400t-width-terthe SO feet wilt-h-aleng-all-the-lets-at art-A-cres-abutEing-the Property. 7. We will provide twice the screening requirement stated in the ordnance for any disturbed areas within 100 feet of the lots in Airport Acres. -$. t'fv-pui tion-of-t)-trbuiirlingswrll-be-wither 2d0-fccr--af thr-lotsvf Airport-A�� -9. We-wilt-1 cal I al>g-Phase-far chat-th-e-first-two-t iidi -gstu-betartstnrcre-d-in Lids -ph asezwitl ralangSnrt Roma-Warher-tfr parrtiet-rerRanre-29i-: 10. The buffer area adjacent to the Airport Acres subdivision will be graded so as to maintain the natural topography of that property u to the area required to grade the bank on a two to one slope to the edge of the 4-eaduway and in such a manner as to continue to provide adequate storm drainage facilities for that section of the property. The planting of the screening trees or the building of berms will be done in a manner to insulate as far as is feasible the glare, noise, and visibility of the project from the adjacent residential neighborhood. -11 The-exterior-arelait&e ral-styliig-efts ldim l-b -reasonably-ceresist-eat--- thre.ugho-ttt-the-prejeet-Te-buildings-4ll-be3ttbstanti ly-n} ec-soncrut-e ll- teastruetiett-a$d-will-be-rh-build-ine-sehanaatfcLfash-iei} itlrthe-P-laa ag-&af€-for- • theireommeats-prior-te-ce ifi etiof We hope these proffers adequately address the concerns expressed by the staff, the Planning Commission as well as Mr.Lindstrom and the other Supervisors. Yours truly, Blake Hurt President REPUBLIC CAPITAL CORPORATION 108 FIFTH ST.,SE SUITE 207 CHARLOTTESVIJ 1 F VA.22901 804-979-S748 December 2, 1987 Mr.John Horne Planning Department County of Albemarle 401 McIntire Road Charlottesville,Va.22901 Northside Industrial Park Dear John: After discussion with Mr.Lindstrom about his questions on the additional proffers, I would like to modify proffers 10 and 11 of my letter to you dated November 20 to read as follows: 167--- 1 alzaadjncent-tn-th-e.AirpuxLAL.res-Sutrdivisitrrrwi e-grart;d3aml7o -maintiafx-the-n-atu l-tepograplrtef that-property-up--to-the-area- cquir-d-to-grade-the property-on-a ua-to.oue-slope-to-the..edge-of-the parking-roadway-in-such-a- nez-as to continue.-pr�widing-adequate stom-drainage-Cariiitiea-for-that-Seddon-of- -the-puope-vy,-=hs-plantingof-sere g-.and-the-burg-efberAns-will-be-done-in-a- -iaanne -tb-insulata-as-far-as-is-feasible. a-adjacent-Fasidential-naighbor-l3eed-frOf -the-glere•,-nOise-and- }-eC-the-prefect-and-sereeeing-slaall-befe-the reaaerable- -satisfsetion-ef-the-Planning C-ommiss3ea--All-scrconing-vegetatesshell-be-araintmered -by-the-owner:- 11. The exterior architectural styling of the buildings will be reasonably consistent throughout the project. The buildings will be substantially masonry or concrete wall construction with brick,stucco, textured concrete or masonry facades, finished in natural earth tones on alllioluilding sides facing residential zoned land. Structure heights shall not exceed feet except that n2 Jportion of any structure within 300 feet of the Airport Acres boundary shall exceed 20-feet. Building designs shall be reviewed in the schematic fashion with the Planning Staff for their comments prior to construction. I would appreciate it if you would add these changes to my proffer for the Board review. Sincerely, Blake Hurt President \ptl • University of Virginia - Current Business Park " r I \ IIIUSTEIAL • lort skie lntlus tr,l Pork / \ . .- _ rA,EPw,c11. e w+rhngE WIVE - :_ �_ i I.1 .iiii_ii.._0‘ il irliff.:::— 11..it: rep ..>. - ! -Lgi 1 . 11 acres - i C Ltght Industrial r__---J Li I -- 4 acres _ I cu Screened BuFFer _ _ ' Z . Y awe: _ —• — - -- _ 0...Iwo Tr Dwarf ^--...-..---a—..-.+.— .� '- I TAX;g72 hen Soo...1111111111 PATC RSVISIMS. �- Swarc,N Topography.VSGS wp, — --- PARCEL 022,R22C.s22M Conlon 1-2' 12/ILgT o a,of:or. plat b, V Ian S.p,Wabaal ,.Aops P.Swss Pretwery Ia.-nail.prm.aed by I AJrey.111Lf.1.an p MaeC MASTER AIRPORT PREPARED DY. DEVELOPED BY r e BUSINESS PARK REPUBLIC CAPITAL CORP REPUBLIC CAPITAL CORP PLAN RIVANNA MAGISTERIAL DISTRICT IN 5th STREET S.E. 11207 108 5th STREET S,E 14207 ALBEM 4RLE COUNTY, VIRGINIA CHARLOTTESVILLE, VA. 22901 CHARLOTTESVILLE, VA 22901 • -R Page 1 of 2 John Shepherd From: Blake Hurt [bhurt©cvilleofficespace.com] Sent: Tuesday, July 29, 2008 8:30 AM To: John Shepherd Cc: Marcia Joseph Subject: Rivanna Commercial/Airport Business Park Proffers Dear Mr. Shepherd, I understand that you have been assigned the task of interpreting the proffers associated with the Rivanna Commercial Park Phase II. I am writing to give you additional insight on a couple of issues that might have suffered from the passage of time since this rezoning took place. When this rezoning was proposed twenty years ago, it became apparent that the Board of Supervisors was concerned about protecting the adjacent neighborhood. As a result of this concern there are several proffers that serve to protect the residents of Airport Acres. They include eliminating specific industrial uses, increasing the undisturbed buffer from 30 feet to 50 feet (proffer#6 letter 1/18/88), agreeing to keep buildings out of a 4 acre buffer zone (proffer#7 letter 1/18/88),providing twice the screening requirement within 100 feet of Airport Acres (proffer#7 letter 11/20/87), allowing for grading or planting within the buffer area to help screen the project and allowing for storm drainage facilities (proffer#10letter 11/20/87). There now seems to be some confusion concerning the proffer(#7 letter 1/18/88) which states that"No portion of the buildings will be within the 4 acre buffer zone adjacent to the lots of Airport Acres." The 4 acre buffer zone referenced in proffer#7 does not stipulate that this buffer will be undisturbed and I believe it should not be confused with the current Albemarle County Ordinance requirement for a Buffer Zone. The Albemarle County Code now uses the term "buffer zone" as a well-defined term which is given in the ordinance as the following: "Buffer zone adjacent to residential and rural areas districts: No construction activity including grading or clearing of vegetation shall occur closer than thirty (30) feet to any residential or rural areas district. Screening shall be provided as required in section 32.7.9." This new usage could be considered equivalent to the undisturbed buffer area that was the subject of proffer #6 (letter 1/18/88). At the time that I wrote the original proffer, there was no standard interpretation for such a term. As it is currently used, such a buffer is what we had planned for the 30' area adjacent to the property line which we expanded to 50', and labeled `undisturbed buffer'. However, in the four acre buffer area, the only restriction referenced in proffer#7 is locating a building in this area. The purpose was to move away from the neighborhood potentially noxious building ventilation stacks, not to limit other non-building uses. In proffer# 10 in a letter dated 11/20/87 it is agreed that grading will be allowed for building placement, storm water management and to allow berming or planting in the area to insulate the adjacent residential neighborhood from this project. Because proffer#7 only restricts constructing the building within the 4 acre buffer zone, and because proffer#10 allows grading within the buffer we believe that the written documentation indicates that parking, with appropriate screening should be allowed within the 4 acre buffer zone. I would add that even with this area being used for parking, it does not appear that we will be able to obtain the original expected building density that was outlined in our plan. My hope, however, is that with more parking, we will be able to attract businesses of a less intense industrial nature, which would be in keeping with the desired intent of the proffered zoning restrictions. 7/29/2008 Page 2 of 2 . I would also emphasize that the 50' undisturbed buffer indicated in proffer#6 (letter 1/18/88) will not be disturbed. Grading and parking are not contemplated within this area. The second issue relates to the screening requirements. In our proffer#7, we offered twice the screening requirements. My thinking at the time was that we would put double the number of white pines that were normally installed with the expectation that these would provide a better short term visual buffer than a single row. This is what we did when such a buffer was required in the Minor Hill subdivision in 1984 on the section that was proximate to Hydraulic Road. Although putting such trees on a staggered 7.5 foot center might eventually require that some being taken out, it would be better to have a denser screen sooner. My goal in this case was to have a dense visual screen relatively close to the property line so that the neighborhood is insulated from the light industrial area. Possibly white pines are no longer considered adequate; if that is the case we will propose a better alternative. <!--[if!supportEmptyParas]--><!--[endif]--> I hope this clarifies my intent as the applicant and the Board of Supervisors as we worked through this rezoning in 1988. The hope was to make an effort to protect the residents in Airport Acres, while allowing Light Industrial use in an area that is well suited for it: proximate to the airport, adjacent to other industrial property, along Rt. 29.. It seems to me that with the current zoning, it would be appropriate to encourage as dense a development as is reasonable rather than underdevelop the property and push demand for light industrial property elsewhere. We plan to provide spaces for light industrial uses and develop this land as sensitively and efficiently as economically possible. If you would like further information, I would be happy to discuss this with you. Blake Hurt Capital Real Estate 7/29/2008 • • - COMMONWEALTH of VIR INIA DEPARTMENT OF TRANSPORTATION P O.BOX 2013 RAY D. PETHTEL CHARLOTTESVILLE,22902 D. S. ROOSEVELT COMMISSIONER August 11, 1988 RESIDENT ENGINEER Site Plan Review Meeting August 11, 1988 Items 1C - 3C Mr. John N. Pullen Department of Planning & Community Development 401 McIntire Road Charlottesville, VA 22901 Dear Mr. Pullen: The following are our comments: 1C. Rivanna Commercial Park Preliminary Site Plan, Route 1570 - Attached with the plan was a letter from Mr. Blake Hurt listing the proffers for ZMA-87-19. Proffer number five addresses the "capacity" on Route 1570. The volume of traffic which Route 1570 can accommodate under the approved design needs to be determined so that for the property rezoned it can be determined when the development on it exceeds the road design. Therefore, a traffic study is needed to determine how much traffic can be generated on Route 1570 before any upgrading is needed. The entrance was not staked and it appears that the minimum 250' of sight distance exists at this location. The plan indicates that the flow along Route 1570 is to be concentrated and flow into a DI-7 on site. As indicated on the plan, a drainage easement is needed at the outfall for any water from the right of way. The Department will need to review and approve plans for the drainage facilities proposed along Routes 29 and 1570, and which tie into the box culvert under Route 29. A DI-5 is used in ditches with 2:1 slopes in areas beyond the clear zone, and a DI-12B is now used in lieu of the DI-5. The Department recommends that the existing left turn lane for the crossover north of Route 1570 on Route 29 be upgraded to a 200' long 12' wide left turn lane with a 200' long taper lane. The existing left turn lane is approximately 100' with a 100' long taper lane. Since Route 1570 is not at a crossover on Route 29, all northbound traffic to this property must U-turn at the crossover north of this road. The crossover south of Route 1570 on Route 29 is shown to be closed in the Route 29 North Corridor Study and there is currently no left turn in the southbound lanes at this crossover for U-turning traffic to use. TRANSPORTATION FOR THE 21ST CENTURY 4110 (. A I.(J4,t ®SFr, COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 February 19 , 1988 Blake Hurt, President Republic Capital Corporation 108 Fifth Street, SE, Suite 207 Charlottesville, VA 22901 RE: ZMA-87-19 Republic Capital Dear Mr. Hurt: The Albemarle County Board of Supervisors, at its meeting on February 17 , 1988 , approved the above-noted request to rezone approximately 25 . 6 acres from R-1 , Residential to HI/LI , Heavy/Light Industrial. Property, located on the west side of Rt. 29N between Airport Acres Subdivision and Northside Industrial Park. Tax Map 32 , Parcel 22 . Rivanna Magisterial District. Please note that this approval is subject to proffer in letter dated January 18, 1988 (copy attached) from Blake Hurt ( signed) , President, Republic Capital Corporation and addressed to Ron Keeler, County of Albemarle. This approval is also subject to #7 and #10 as outlined in proffer letter dated November 20 , 1987 (copy attached) from Blake Hurt ( signed) , President, Republic Capital Corporation, to John Horne, County of Albemarle, with modification to #10 as outlined and verbally agreed to by Blake Hurt at Board meeting on February 17 , 1988 . This approval is also subject to #11 as outlined in proffer letter dated December 2, 1987 (copy attached) from Blake Hurt ( signed) , President, Republic Capital Corporation, to Blake Hurt, President Page 2 February 19, 1988 John Horne, Planning Department, with modification as outlined and verbally agreed to by Blake Hurt at Board meeting on February 17, 1988. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Si. erely, -----/*... • J. T. P. Horne D -ctor of Planning & Community Development JTPH/jcw cc: Kathy Brittain REPUBLIC CAPITAL CORPOR •AL . A Yt �1-47 TC� N1t— • 108 FIFTH sr.,SLR SUITE 207 • • CIIARLOTTESVILLI:,VA.22901 804-979-S748 January 18, 1988 C2Lc4,ZNeA he � 1/19/g, Mr.Ron Keeler 1 A.0 A� County of Albemarle County Office Building McIntire Road Charlottesville,Va.22901 Airport Business Park Dear Mr.Keeler: In conjunction with our request for rezoning of our property at Airport Business Park we would like to make the following proffers: 1. In order to provide a tangible incentive for the extension of public sewer to this industrial property,but in recognition of the lack of same currently,we hereby proffer that prior to the installation of public sewer the uses that will be allowed will be those that do not require public sewer and which can be served by domestic septic fields. Furthermore, the buildings which will be constructed will have less than a total of 225,000 square feet, until such public sewer is available. 2. We hereby proffer a restriction of the types of uses of the property for that portion of the property which will be HI. The uses that will be prohibited on the property would include the following: brick manufacturing; concrete mixing plants;manufacturing of sewage disposal systems;manufacturing and recycling of tires; petroleum,gasoline,natural gas and manufactured gas storage;sawmills;wood preserving operations. 3. We agree to restrict the uses of the 9 acres of Parcel 32-22C which is already zoned HI in the same way as provided in Section 2 above.. 4. We proffer to restrict the development of the property to the general outline of the master plan which has been submitted as part of this rezoning application. 5. In the way of road improvements,we proffer to limit development of the property to not exceed the capacity of the access road until such time as the road is improved to accommodate the additional traffic generated by the added development of this rezoning. The capacity of the access road is that capacity which will accommodate the traffic from the contiguous properties if fully developed under the existing zoning. 6. We will expand the undisturbed buffer area from the required 30 foot width to a 50 foot width along the lot line which abuts the lots of Airport Acres. 7. No portion of the buildings will be within the 4 acre buffer zone adjacent to the lots of Airport Acres. Please call me if you have any questions about these proffers. -o rs truly, • Blake Hurt President \ptI REPUBLIC CAPITAL CORPORATION 108 Fifth Street SE NOV 2.3 -N b1 C1-IARLOTTESVILLE,VA.22901 804-979-5748 PLANNING DIVISION November 20, 1987 Mr.John Horne County of Albemarle County Office Building McIntire Road Charlottesville,VA.22901 Dear Mr.Home: In conjunction with our request for rezoning of our property at the Northside Industrial Park, we would like to summarize all the proffers that we have made to date. We have also added the two • additional proffers suggested by Mr. Lindstrom at the Board meeting on November 18. ------III-Order-to-provide-a-t gable-incentive-for.the.extencinn of-public-sewerr.t4.lhli -industrial-property-but-iaracognition-of-the bcc-of-same-c-urrently,-we-hereby-preffei;- -that-prior to the-installation-of-publiesewer-the-uses-t-lret--will-be-allewed-will be-these -that-do-rtot-retire-public-sewer-anal-wlaielrer n-be-served-by-cloraesiie-septie-lielfis -road fur{hor-that-the-buil dings- true ted-mill-have-lessfhan-a-total-of 223;000-square-feet-- -Subsequent-to-th.. iustaliation-of-ptiblic-sewer,-construction would-be-limited -te dditiortal- 000-square'feet;yr-forboth-pre-public-sewer dnd post=prublic--- -sewer,-a•-lim it-of approadmatcly-4507000-square-feet: 2-----We hci ubypr'offcrarestriLtiuu air the typcs-of u.seN-of the px opt.'ty u11Lc1t"7SZQrrett hLavy-industrial:-Thenses-that will nut-beullowcd uu the propel ty would-in-clude-the' -follawir�list-.-brickIrrattufarturing;-concrete•mixingTrlarts m-anufactnring-oY-gCrv3-ge -disposal-systemsIra-anufacturiog-and-r-ecyc-ling-ofairss;pEt;elan t--gaselina;natural- -gas-and-manufac-cured-gas.storago -sawm-ills;wood-presorving-operations- -3------We-preffer-to-r-estriet-the-tleNelopstent-o€the-property-te-the-general-outline.of-the- -master-plea-which-has-been-subm-rtted-as-part--of this-reaming-applieatiert *1------In-thcway-of,vad improvements;we-proffer to-lmrifdevelopment-of-t-he-property-to- -not-e%Lced-thcrapacity-oftheacces °ad-until-such-tzme-asthe-road--is-improved-to -accorautodate-the additional-traffic-ge neratedby-thc-addeddcuelopment-olthis---- -re zoning.-The-cap acityef tile-access-road-is-that capacity-which-•will-accornraodat6-the-- -traffic4rorn-the-contiguous-pr rtios-if-fully-devclopgd-uAdcr-the-existing-zoning,- 411 -5:----mac agi cc to add the 9 au esaf-r'artel-32 22Ct tli 2 -acres-f`oT-Me purpose or xr riding-thc-heavy-inductrial-use_tha we have proffered an_the.2b arrre. -6. Wewill-expa:rd-the undisturbe4buf'erarea-froQrthe3 -f000t-width-to-the 50 foot width-along-all-th ts-at-Airperf-Acres-abutting-fhe-property. 7. We will provide twice the screening requirement stated in the ordnance for any disturbed areas within 100 feet of the lots in Airport Acres. 8. -Ncrportron-of-tht-bui dmgswill-be-wi hin-200-feet-oftht-lots-af•Airport-ALI cN. 9. We-will-rt*arrange-Phel-arthat-thc firsttwaibuildin tu-betccnstrurtetl-in this phEywitilsralaagSrae-I uute•170-tathrt-thmTparellettrrftaure-29N: 10. The buffer area adjacent to the Airport Acres subdivision will be graded so as to maintain the natural topography of that property up to the area required to grade the bank on a two to one slope to the edge of the Clroadway and in such a manner as to continue to provide adequate storm drainage facilities for that section of the property. The planting of the screening trees or the building of berms will be done in a manner to insulate as far as is feasible the glare,noise, and visibility of the project from the adjacent residential neighborhood. -4L The-exterior-a rahitoetufa1-styling-of-the-buildings will-be-reasonably-consistent--- thraaghout-the ojeet7The-buildings- besubstantially-masonry-or-soncrste-wall- eaastruetiee-and-will-be-reviewed-ia-n-sehomatie-fashion-with-the-Plan gaff for- • fheir eornmen ts--pt'ier-teens tru etion: We hope these proffers adequately address the concerns expressed by the staff, the Planning Commission as well as Mr. Lindstrom and the other Supervisors. Yours truly, Blake Hurt President 410 REPUBLIC CAPITAL CORPORATION 108 FIFTH ST.,SE SUITE 207 CHARLOTTESVILLE,VA.22901 804-979-5748 December 2, 1987 Mr.John Horne Planning Department County of Albemarle 401 McIntire Road Charlottesville,Va.22901 Northside Industrial Park Dear John: After discussion with Mr. Lindstrom about his questions on the additional proffers, I would like to modify proffers 10 and 11 of my letter to you dated November 20 to read as follows: 10-----T-ht-buffer-areandjareut-to-tbe-Aii port Arras-subdivisiurrwill be graded-so rto -main tain-the-n ater-al-tepees pity--af-t-lrat-property-up-to-the-area-regtrircd-to-grade-the -property-ona-lino-to-one-slope-to-the.edgc ofthe-parking-or roadway-in-such-a- -mar neFas-ta coretinue-providing-adaquate-storm4;ainagc-facilities-for-that-section-of- -the•prope,rt The-plantingof-sereening-andbho-building-of-ber-uis-will-be-dene-in-a- -manner-to-insulate,-as-far-as-is-feasible,-the-ad facent-residential-neighbor-hood-fForfr -the-glares-noise-and-visibility-of-the-project-arid-sereefting-shall-be-ta tie-Feesanable- -setisfeetion-ef-the-PleaningC-ornmissiea--A11-screening-vegetation-shall be-maintained -by-theewerer.- 11. The exterior architectural styling of the buildings will be reasonably consistent throughout the project. The buildings will be substantially masonry or concrete wall construction with brick, stucco, textured concrete or masonry facades, finished in natural earth tones on al, wilding sides facing residential zoned land. Structure heights shall not exceed feet except that n2jortion of any structure within 300 feet of the Airport Acres boundary shall exceed-20-feet. Building designs shall be reviewed in the schematic fashion with the Planning Staff for their comments prior to construction. I would appreciate it if you would add these changes to my proffer for the Board review. Sincerely, ! Blake Hurt President \ptl Ta:"TIL vi LEAGUE OF FEB 16 1988 WOMEN r-., VOTERS PLANNING DIVISION 1� OF CHARLOTTESVILLE &ALBEMART,F, COUNTY COUNTY OF AtiMr . Peter Way, Chairman ftani Albemarle County Board of Supervisorsn r 401 McIntire Road FEg 1 5 1988 Charlottesville , Virginia 22901 ,i LS\ Dear Mr . Way: Re: ZMA-87-19 Republic C$Qalet1Fnn The applicant ' s petition to rezone 14 .6 acres from R-1 , Residential to HI , Heavy Industrial , and 11 acres from R-1 , Residential to LI , Light Industrial has raised issues of public concern generally related to in- dustrial development . Among these are the relation of the proposed rezoning to the Comprehensive Plan; the rezoning ' s impact upon an adjacent residential area--Airport Acres; the capacity of the access road; the lack of public sewer; the area ' s suitability for industrial development; and concerns about the kinds of uses permitted by right . The League of Women Voters recognizes that the 1982 Comprehensive Plan ' s long-range growth goals for this area called for industrial development . The current review of the Comprehensive Plan continues to include an industrial designation for this area . Therefore, the League supports staff ' s recommendation for approval of this request for rezoning and for acceptance of the proffers , provided strict performance standards are maintained . We believe the applicant has attempted to alleviate concerns of the residents of Airport Acres by providing a transitional area consisting of an expanded buffer zone and a light industrial zone between the resi- dential area and heavy industrial uses , and has addressed the road access problem. y It should be noted that the lack of public sewers in the immediate future may limit development . The applicant proposes that initial development will produce only domestic waste, yet many of the "by-right" uses for LI (Sec . 27 . 2 . 1 ) include uses producing sewage which would not qualify as "domestic waste . " (See attachment . ) To take another .example , warehouse facilities arc not a by-right use but require a special permit . (Sec . 27 . 2 . 2 . ) KAmong LI uses permitted are many that EPA, in its Septic Systems and Groundwater Protection , An Executive Guide , states create toxic wastes . Groundwater contamination invariably results from disposing of such wastes by means of septic systems because those systems are designed to treat domestic waste only . As the Guide emphasizes , "Communities that allow the use of septic systems by commercial or industrial establish- ments must recognize the potential dangers and take necessary precautions . " The League believes , therefore, that the County, in it/Ks site review - 2 - process , and the Health Department have a responsibility to see that only domestic waste is generated by this development as long as public sewer service is unavailable . The applicant ' s proffer concerning architectural style indicates a recognition of the necessity for an attractive, pleasing development . Since his will be among the first in the highly visible Hollymead industrial area , he has the potential for setting an example for future developers . We hope he sets high standards that others will follow and show that an industrial area need not be unattractive . Sincerely, Lois Rochester President 15 February 1988 • 27 . 0 LIGHT INDUSTRY - LI 27 . 1 INTENT, WHERE PERMITTED LI districts are hereby created and may hereafter be established by amendment to the zoning map to permit industries , offices and limited commercial uses which are compatible with and do not detract from surrounding districts . Uses and land previously established in industrial limited (M-1) and research and technical manufacturing (RTM) districts, where in conformity to the comprehensive plan, shall be encouraged to develop as active centers of employment on both individual sites as well as within industrial parks . It is intended that LI districts may be established in areas having all of the following characteristics : -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; -Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and relationship to surrounding development . 27 . 2 PERMITTED USES 27 . 2 . 1 BY RIGHT The following uses shall be permitted in any LI district subject to the requirements and limitations of these regulations : • 1. Compounding of drugs , including biological products, medical and chemical as well as pharmaceutical . 2 . Fire and rescue squad stations (reference 5 . 1 . 9) . 3 . Manufacture , processing, fabrication, assembly, distribution of products such as , but not limited to (reference 5 . 1 . 24 ) : (Amended 12-2-81 ) -Artists ' supplies and equipment . -Business , office machines and equipment . -Cosmetics , including perfumes , perfumed toiletries and perfumed toilet soap . -Drafting supplies and equipment . -Electrical lighting and wiring equipment . -164- (Supp . #7 , 12-2-81) -Electrical and electronic equipment and components including radio, telephone, computer, communication equipment , TV receiving sets , phonographs . -Food products , such as bakery goods , dairy products , candy, beverages , including bottling plants . -Gifts , novelties including pottery , figurines and similar ceramic products . -Glass products made of purchased glass . -Industrial controls . -Jewelry , silverware . -Light machinery and machine parts , including electrical household appliances but not including such things as clothes washers , dryers and refrigerators . -Musical instruments . -Paper products such as die-cut paperboard and cardboard, sanitary paper products , bags and containers . -Photographic equipment and supplies including processing and developing plant . -Rubber, metal stamps . -Small electrical parts such as coils , condensers, transformers , crystal holders . -Surgical, medical and dental instruments and supplies . -Toys , sporting; and athletic equipment , except firearms , a►umunition or fireworks . -Watches , clocks and similar timing devices . -Wood cabinets and furniture, upholstery . 4 . Publishing, printing, lithography and engraving, including but not limited to newspapers , periodicals and books . 5 . Preparation of printing plates including typesetting, etching and engraving. 6. Research and development activities including experimental testing. -165- 7 . Scientific or technical education facilities . 8. Assembly and fabrication of light aircraft from component parts manufactured off-site . 9 . Contractor' s office and equipment storage yard. 10. Engineering, engineering design, assembly and fabrication of machinery and components , including such on-site accessory uses as machining, babbitting, welding and sheet metal work employing machinery not exceeding fifteen (15) horsepower per unit and excluding such uses as drop hammering and foundry . 11. Electric , gas , oil and communication facilities excluding multi-legged tower structures and including poles , lines , transformers , pipes , meters and related facilities for distribution of local service and owned and operated by a public utility . Water distribution and sewerage collection lines , pumping stations and appurtenances owned and operated by the Albemarle County Service Authority . Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 10 of the Code of Albemarle and all other applicable law . 12 . Public uses and buildings such as schools , offices , parks , playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31 . 2 . 5) ; public water and sewer trans- mission, main or trunk lines , treatment facilities , pumping stations and the like , owned and/or operated by the Rivanna and Sewer Authority (reference 31. 2 . 5; 5. 1 . iL ) . 13 . Temporary construction uses (reference 5 . 1. 18) . 14 . Business and professional office buildings . 27 . 2 . 2 BY SPECIAL USE PERMIT 1 . Laboratories , medical or pharmaceutical . 2 . Airport , helistop or heliport ( reference 5 . 1. 1) . 3 . Assembly of modular building units . 4 . Moving businesses , including storage facilities . 5 . Warehouse facilities . 6. Wholesale businesses . 7 . Truck terminal . -166- 8 . Electrical power substations , transmission lines and related towers ; gas or oil transmission lines , pumping stations and appurtenances ; unmanned telephone exchange centers ; micro-wave and radio- wave transmission and relay towers , substations and appurtenances . 9 . Temporary events sponsored by local nonprofit organizations (reference 5 . 1 . 27) . (Added 7-7-82) 27 . 3 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT Minimum area required for establishment of an LI district shall be five ( 5) acres . Unless otherwise provided in section 26 . 2 , there shall be no minimum area requirements for additions to an established LI district , provided such area to be added adjoins and forms a logical addition to the existing LI district . 27 . 4 ADDITIONAL REQUIREMENTS In addition to the requirements contained herein, the requirements of Section 26 . 0, industrial districts , generally , shall apply within all LI districts . • -167- (Supp . 014 , 7-7-82) . • . A •••• ' `. , i At---7-- -- , - . • \ ... ,.. \ • ' \ ' \ • , . .. %. . t% •1 . 7-7.-7.1 .... .----- .. -. • \ \\r 1 ••• ._________ • , .. • OATE .±.....= -.. .z..- • 1 , . . „ ..,... ________ . -4, ,.? -l I..\ I ; , .----- ...... •, .....\• , ..1 • . le snots. . 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Tol 22 o 41 ..i -, -'4.:4-4;,I' ,... 4„ ..* ---- --'.. •• Cc' \ • _ r . • . . .. . . . � ! a LEAGUE OF • FEB 1 1988 WOMEN PLANNING DIVISION �,1• VOTERS • • it OF CHARLOTTESV ILLE &ALBEMARLE COUNTY 29 January 1988 Albemarle County Planning Commission 401 McIntyre Road Re: ZMA-87-19 Charlottesville, Virginia 22901 Republic Capital Corporation Dear Commissioners: The applicant's petition to rezone 14.6 acres from R-1, Residential to HI, Heavy Industrial and 11 acres from R-1, Residential to LI, Light Industrial has raised issues of public concern generally related to industrial development. Among these are the relation of the proposed rezoning to the Comprehensive Plan, the rezoning's impact upon an adjacent residential area, Airport Acres, the capacity of the access road, the lack of public sewer, the area's suitability for industrial development, and concerns about the kinds of uses permitted by right. The League of Women Voters recognizes that the 1982 Comprehensive Plan's long-range growth goals for this area called for industrial development. The current review of the Comprehen- sive Plan continues to include industrial designation for this area. Therefore, the League supports staff's recommendation for approval of this request for rezoning and for acceptance of the proffers, provided strict performance standards are maintained. We believe the applicant has attempted to alleviate concerns of the residents of Airport Acres by providing a transitional area consisting of an expanded buffer zone and a light industrial zone between the residential area and heavy industrial uses, and has addressed the road access problem. The lack of public sewers in the immediate future may limit development, however. The applicant proposes that initial development will produce only domestic waste, yet many of the by-right uses for Light Industrial (Sec. 27.2.1) include uses whose sewage would not qualify as "domestic waste." Warehouse facilities are not a by-right use but require a special permit (Sec. 27.2.2). Among LI uses permitted are many that EPA in its Septic Systems and Groundwater Protection, An Executive Guide, notes create special hazards.ommunities that allow the use of septic systems by commercial or industrial establishments must recognize the potential dangers and take necessary precautions." The applicant's proffer concerning architectural style indicates a recognition of the necessity for an attractive. pleasing development. Since his will be among the first in the highly visible Hollymead industrial ares. he has the potential for setting an example for future developers. We hope he sets high standards that others will follow and show that an industrial area need not be unattractive. Sincerely, fcrc Lois Rochester President Gtom• ��pti Al,(iF�1 ~`�iRC1N�P COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 February 3 , 1988 Blake Hurt, President c/o Republic Capital Corporation 108 5th Street, SE Suite 207 Charlottesville, VA 22901 RE: ZMA-87-19 Republic Capital Corporation Dear Mr. Hurt: The Albemarle County Planning Commission, at its meeting on February 2 , 1988 , unanimously recommended approval of the above noted request, subject to proffers attached to rezone approximately 25 . 6 acres from R-1, Residential to HI/LI Heavy/Light Industrial. Tax Map 32, Parcel 22 . Rivanna Magisterial District. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on February 17, 1988 . Any new or additional information regarding your application must be submitted to the Clerk to the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, 0410.41N Ronald S. Ke er Chief of P1 g RSK/per cc: Ms. Lettie E. Neher REPUBLIC CAPITAL CORPORION 108 FIFTH ST.,SE SUITE 207 CI-IARLOTTESVILLE,VA.22901 804-979-5748 January 18, 1988 Rece.-`,,, .."",AA� l/19/ Vb Mr. Ron Keeler b"\ ""`^ MIL_ County of Albemarle County Office Building McIntire Road Charlottesville,Va.22901 Airport Business Park Dear Mr.Keeler: In conjunction with our request for rezoning of our property at Airport Business Park we would like to make the following proffers: 1. In order to provide a tangible incentive for the extension of public sewer to this industrial property,but in recognition of the lack of same currently,we hereby proffer that prior to the installation of public sewer the Cv.IE,1:21 uses that will be allowed will be those that do not require public sewer and which can be served by domestic septic fields. Furthermore,the buildings which will be constructed will have less than a total of 225,000 square feet,until such public sewer is available. 2. We hereby proffer a restriction of the types of uses of the property for that portion of the property which will be HI. The uses that will be prohibited on the property would include the following: brick manufacturing; 1-�Z (Y S concrete mixing plants;manufacturing of sewage disposal systems;manufacturing and recycling of tires; petroleum,gasoline,natural gas and manufactured gas storage;sawmills;wood preserving operations. 3. We agree to restrict the uses of the 9 acres of Parcel 32-22C which is already zoned HI in the same way as provided in Section 2 above. 4. We proffer to restrict the development of the property to the general outline of the master plan which has been t\ Te , r,%._44.1 submitted as part of this rezoning application. 5. In the way of road improvements,we proffer to limit development of the property to not exceed the capacity of fz,O/ t7 the access road until such time as the road is improved to accommodate the additional traffic generated by the added development of this rezoning. The capacity of the access road is that capacity which will accommodate the traffic from the contiguous properties if fully developed under the existing zoning. 6. We will expand the undisturbed buffer area from the required 30 foot width to a 50 foot width along the lot line 120UFFER which abuts the lots of Airport Acres. 7. No portion of the buildings will be within the 4 acre buffer zone adjacent to the lots of Airport Acres. Please call me if you have any questions about these proffers. rs ruly, Blake Hurt President \ptl I STAFF PERSON RONALD S. KEELER STAFF REPORT HEARINGS: PLANNING COMMISSION: FEBRUARY 2, 1988 BOARD OF SUPERVISORS: FEBRUARY 17 , 1988 ZMA-87-19 REPUBLIC CAPITAL CORPORATION PETITION: Republic Capital Corporation petitions the Board of Supervisors to rezone 14 . 6 acres from R-1, Residential to HI , Heavy Industrial and 11 acres from R-1 , Residential to LI , Light Industrial. This is a PROFFERED zoning petition applicable to both rezoning actions. (NOTE: PROFFER #3 is applicable to the existing 9 acres of HI owned by the applicant) . Property, described as Tax Map 32 , Parcel 22, is located on the west side of Route 29 North south and adjacent to Northside Industrial Park in Hollymead in the Rivanna Magisterial District. BACKGROUND This property was subject to previous petition by Republic Capital proposing rezoning from R-1, Residential to HI , Heavy Industrial. ZMA-87-11 , also a proffered rezoning was ultimately disapproved on a tie vote by the Board of Supervisors in December, 1987 . Staff has attached the prior staff report, zoning proffers, and Planning Commission minutes to this report ( see Attachment B. The entire file for ZMA-87-11 is available in the Planning office for review. Board of Supervisors minutes are not available) . STAFF COMMENT A major issue with the prior rezoning petition was appropriateness of Heavy Industrial zoning adjacent to Airport Acres subdivision. Under this petition, the applicant is proposing Light Industrial with a depth of over 400 feet adjacent to Airport Acres. In addition, the applicant has submitted 7 proffers many of which would reduce objectionable aspects of industrial rezoning to Airport Acres ( see Attachment A) . The Airport Industrial Park, zoned Planned Development - Industrial Park, also adjoins Airport Acres subdivision with about 3 times the length of common boundary as the Republic Capital property. Staff ' s opinion is that protective measures proffered by Republic Capital exceed protective measures imposed upon the Airport Industrial Park. Staff recommends approval and acceptance of the applicant' s proffers. 1 - filb ALBEMARLE COU f 20 sEc ::,:"..i.iiir :4"--- 20-191 )c_ A ,,,,,,„.../.....,, L4CHRI$ NE ' ' � � : LAKE ,licti,"5-''- -- '\\I ,RIARW000 3A \� �_ 4J / � 26 .�_ 4101°. 1 \:411141111111111111111. 2 \ �' I 4I 8oO . \ 4k, ,,,t4 .___J\ e 0 ® \ C •, 4 i T- !s Allte414/•):. /... \ 1�� 5s -A.7,3,..i, N- 1 &iv) 48 1 / 5B-;j 4 . „,,,. :emil.1,140.:4r 98 9G-.'.4'.1 >g. ,11.11 9K ir 4X J gN 6 �� \ +41 \ / 4ZpMR /22 K 31 �� _ 22LI f 22H 22I 33 \ AT / ' �� 94 ? 2�2�� \ if n ?J 2G\. .z [s�zz2l Zen. ?2F 1 Tl� \ loc / D Y23‘31 10E 17D _ 4.1, -7 ,.. t114 4 \ 10& /. \ � 23\ IOI 178 IOK 'J IOA ' \ IOL �� ''''43...41111414 / P O \ .. .,.._.,,si I ; \� h 'IN / If f� I le I 2G TIOan, ,9 \ t „lilt tl ry S TION 2 �� i . :. • 49A C /L� \ _ � is elE �I iiirl T AC a. 20ri itiva /F \ 49G /OEERw000 \ z9414� �]�//) \ / o p� /SECTION 92C �� /41 ���/�444 C ION 52A\ /q / //wI z, 49 a9E J/ 41N ®:64krij.,...1:1.6......x,.:` �7v.4P • ........i...\\ 46 /' 44 JT , RI, - `VRINGFE .,` ?<M'J35 , 4 .1 \ . 29G 40i• (1�, 56 `'/ ; , 42 z!o2., ./ ` y�®�43 : -_a� 5. f^ 5A ZMA f1• • �.i _\ \ M[. aye� •A ,. _ u au.* 1� m 4. `• • • i T ��fo: 46 SCALE IN FEET ` MI:� ° RIVANNA DISTRICT SECTION 32 ..EPUBLIC CAPITAL CORPORA'1. ,,.' ATT&C.1-ice ' 108 FIFTH ST.,SE SUITE 207 CHARLOTTESVILLE,VA.22901 804-979-5748 January 18, 1988 C2ece-id.` 1/19/55 l Mr.Ron Keeler t^ `& County of Albemarle County Office Building McIntire Road Charlottesville,Va.22901 Airport Business Park Dear Mr.Keeler: In conjunction with our request for rezoning of our property at Airport Business Park we would like to make the following proffers: 1. In order to provide a tangible incentive for the extension of public sewer to this industrial property,but in recognition of the lack of same currently,we hereby proffer that prior to the installation of public sewer the uses that will be allowed will be those that do not require public sewer and which can be served by domestic septic fields. Furthermore,the buildings which will be constructed will have less than a total of 225,000 square feet, until such public sewer is available. 2. We hereby proffer a restriction of the types of uses of the property for that portion of the property which will be HI. The uses that will be prohibited on the property would include the following: brick manufacturing; concrete mixing plants;manufacturing of sewage disposal systems; manufacturing and recycling of tires; petroleum,gasoline, natural gas and manufactured gas storage;sawmills;wood preserving operations. 3. We agree to restrict the uses of the 9 acres of Parcel 32-22C which is already zoned HI in the same way as provided in Section 2 above. 4. We proffer to restrict the development of the property to the general outline of the master plan which has been submitted as part of this rezoning application. 5. In the way of road improvements,we proffer to limit development of the property to not exceed the capacity of the access road until such time as the road is improved to accommodate the additional traffic generated by the added development of this rezoning. The capacity of the access road is that capacity which will accommodate the traffic from the contiguous properties if fully developed under the existing zoning. 6. We will expand the undisturbed buffer area from the required 30 foot width to a 50 foot width along the lot line which abuts the lots of Airport Acres. 7. No portion of the buildings will be within the 4 acre buffer zone adjacent to the lots of Airport Acres. Please call me if you have any questions about these proffers. ruly, Blake Hurt President \ptl STAFF PERSONS: RONALD S. KEELER HEARINGS: PLANNING COMMISSION: SEPTEMBER 15, 1987 BOARD OF SUPERVISORS: OCTOBER 7 , 1987 ZMA-87-11 REPUBLIC CAPITAL CORPORATION Petition: Republic Capital Corporation petitions the Board of Supervisors to rezone 25 .6 acres from R-1, Residential to HI , Heavy Industrial (Proffer) . Property, described as Tax Map 32, Parcel 22 is located on the west side of U.S. Rte. 29N south and adjacent to Northside Industrial Park in Hollymead in the Rivanna Magisterial District. Comprehensive Plan: This site is designated for industrial use in the Comprehensive Plan. Character of the Area: This heavily wooded property is developed with an single family dwelling and several accessory buildings. Maximum depth of the site is about 1900 feet rising about 70 feet in elevation from Rte. 29N ( i.e. 3 .7% slope) . Northside Industrial Park, zoned HI, is to the north. About nine acres of Northside Industrial Park is included in the applicants master plan (Attachment A) bringing total acreage to 34. 55 acres. Access would be restricted to Northside Drive (Rte. 1570) with no direct access to U.S. Rte. 29N. To the west is the University-owned Airport Industrial Park, zoned PD-IP, which permits LI and HI uses in designated areas. To the south are residential properties, zoned R-1, including Airport Acres Subdivision. APPLICANT' S PROFFER (ATTACHMENT B) Republic capital Corporation has attempted to address matters of historical public concern related to industrial development including (with staff comment) : 1. Limitation as to development of property and character of sewage discharge until public sewer is available; 2. Development of property in general accordance with proffered master plan (Attachment A) ; 3 . Proffer to delete certain HI uses; 4. Proffer to limit development based on capacity of access road. 1 Regarding these proffers, staff offers the following comments: 1. Limitation as to building development and character of sewage discharge until public sewer is available: Public sewer is not readily available to the site. The applicant proposes initial development employing septic system disposal limited to domestic wastes. In order to undertake additional development, public sewer would be provided. This would permit assessment of the viability of the project prior to substantial investment in obtaining public sewer. 2. Development of property in general accord with proffered master plan (Attachment A) : While not a planned development petition, the applicant has proffered a phased plan for development of this property. Initial development employing septic disposal would consist of a maximum of 225, 000 square feet building area increasing to 450,000 square feet with public sewer. 3 . Proffer to delete certain HI uses: Republic Capital has proffered deletion of certain by right HI uses. Included in the st of deleted uses are public utility uses ( 28. 2.1. iand general public uses ( 28. 2. 1.(0,24 which staff recommends not be excluded (These uses are provided in all zoning districts as a matter of public necessity) . Remaining by right uses would be as follows: 28. 2 PERMITTED USES 28. 2. 1 BY RIGHT Except as otherwise limited by 28 . 2 . 14, the following uses shall be permitted in any HI district subject to the requirements and limitations of these regulations: (Amended 2-13-85) : 1. Automotive, farm and construction and machinery products assembly. 3 . Concrete storage, distribution. 4. Dry-cleaning plants. 5. Fire and rescue squad stations (reference 5. 1. 9) . 2 IL 1111 6 . Machine shops, tool and die, blacksmithing, boiler shops and similar operations. 7 . Manufacture of heavy household, commercial and industrial appliances. 8. Manufacture of building components. 9. Distribution, service of individual sewage disposal systems. 11 . Metal fabrication and welding operations. 12 . Mobile home manufacturing, distribution. 13 . Moving businesses, including storage facilities. 15. Recreational vehicle and components manufacturing, distribution. 16. Planing mills, woodyards. 17 . Veterinary or dog/cat hospitals, indoor accessory kennels ( reference 5. 1. 11) . 18 . Warehouse facilities. 19. Contractor' s office and equipment storage yards. 20. Electric, gas, oil and communication facilities excluding multi-legged tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle Cunty SErvice Authority. 21. Public uses and buildings such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31 . 2. 5) ; public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations 3 410 and the like, owned and/or operated by the Rivanna Water & Sewer Authority (reference 31. 2. 5, 5. 1.12) . 22. Temporary construction uses (reference 5 . 1. 18) . 23 . Temporary non-residential mobile homes (reference 5 . 8) . (Added 3-5-86) . 4. Proffer to limit development based on capacity of access road: Early in review, VDOT stated that this rezoning would increase traffic generation and that "since Rte. 1570 is already in the State system and was not designed to accommodate traffic from this request, the Department recommends that access not be allowed to Rte. 1570 unless the road is upgraded as necessary because of this {rezoning) . " In response the applicant has proffered "to limit development of the property to not exceed the capacity of the access road until such time as the road is improved to accommodate the additional traffic generated by the added development of this rezoning. " STAFF COMMENT: In the Comprehensive Plan, the Hollymead Community has been shown as the primary area for future industrial development. Currently, the only vacant land zoned for Heavy Industrial development is in Northside Industrial Park and the PD-IP Airport Industrial Park. Increased HI zoning in this area would be a logical expansion. Staff recommends approval of this rezoning and acceptance of the applicant' s proffers provided public utilities and other public uses are not expressly excluded. 4 g4TP COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 December 4, 1987 Republic Capital Corporation 801 West Main St Charlottesville, VA 22901 RE: ZMA-87-11 Republic Capital Dear Sir: The Albemarle County Board of Supervisors, at its meeting on November 18 , 1987 , unanimously deferred to its meeting on December 2, 1987, the above noted request to rezone approximately 25 . 6 acres from R-1, Residential to HI , Heavy Industrial to allow for warehousing facilities. Property, described as Tax Map 32, Parcel 22, is located on the west side of Rt. 29N between Airport Acres Subdivision and Northside Industrial Park. The Board of Supervisors deferred this petition with the suggestion that the following amendments be incorporated into the proffers: 1. Expand the buffer of existing vegetation as far as it can be expanded with the primary concern being to establish an earth berm that would be at the approximate current height or higher of the land at the residential property boundary as far into the property as it can be extended and still not exceed the two-to-one transition down to the edge of the surface road and allow room for the proper flow of water into the drainage facility; 2. With respect to design of the facility, incorporate a Republic Capital Page 2 December 4, 1987 unified design for all of the buildings in the area, similar to the pictures presented with the same facial treatment of brick and the same height which would be a unified architectural scheme that could be carried throughout the property. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. S' .cerely, JP ion T. P. Horne D. ector of Planning & Community Development JTPH/jcw cc: Kathy Brittain 11111 ,„ REPUBLIC CAPITAL CORPORATION 108 Fifth Street SE NOV 9,3 /9$7 CHARLOTTESVILLE,VA.22901 804-979-5748 PLANNING DIVISION November 20, 1987 Mr.John Home County of Albemarle County Office Building McIntire Road Charlottesville,VA.22901 Dear Mr.Home: In conjunction with our request for rezoning of our property at the Northside Industrial Park, we would like to summarize all the proffers that we have made to date. We have also added the two additional proffers suggested by Mr.Lindstrom at the Board meeting on November 18. 1. In order to provide a tangible incentive for the extension of public sewer to this industrial property,but in recognition of the lack of same currently,we hereby proffer that prior to the installation of public sewer the uses that will be allowed will be those that do not require public sewer and which can be served by domestic septic fields. And further that the buildings which will be constructed will have less than a total of 225,000 square feet. Subsequent to the installation of public sewer,construction would be limited to an additional 225,000 square feet,or for both pre-public sewer and post-public sewer,a limit of approximately 450,000 square feet. 2. We hereby proffer a restriction on the types of uses of the property once it is zoned heavy industrial. The uses that will not be allowed on the property would include the following list:brick manufacturing;concrete mixing plants;manufacturing of sewage disposal systems;manufacturing and recycling of tires;petroleum,gasoline,natural gas and manufactured gas storage;sawmills;wood preserving operations. 3. We proffer to restrict the development of the property to the general outline of the master plan which has been submitted as part of this rezoning application. 4. In the way of road improvements,we proffer to limit development of the property to not exceed the capacity of the access road until such time as the road is improved to accommodate the additional traffic generated by the added development of this rezoning. The capacity of the access road is that capacity which will accommodate the traffic from the contiguous properties if fully developed under the existing zoning. 5. We agree to add the 9 acres of Parcel 32-22C to the 26 acres for the purpose of restricting the heavy industrial use that we have proffered on the 26 acres. 6. We will expand the undisturbed buffer area from the 30 foot width to the 50 foot width along all the lots at Airport Acres abutting the property. 7. We will provide twice the screening requirement stated in the ordnance for any disturbed areas within 100 feet of the lots in Airport Acres. 8. No portion of the buildings will be within 200 feet of the lots of Airport Acres. 9. We will rearrange Phase I so that the first two buildings to be constructed in this phase will be along State Route 1570 rather than parellel to Route 29N. 10. The buffer area adjacent to the Airport Acres subdivision will be graded so as to maintain the natural topography of that property up to the area required to grade the bank on a two to one slope to the edge of the parking or roadway and in such a manner as to continue to provide adequate storm drainage facilities for that section of the property. The planting of the screening trees or the building of berms will be done in a manner to insulate as far as is feasible the glare,noise,and visibility of the project from the adjacent residential neighborhood. 11. The exterior architectural styling of the buildings will be reasonably consistent throughout the project.The buildings will be substantially masonry or concrete wall construction and will be reviewed in a schematic fashion with the Planning Staff for their comments prior to construction. We hope these proffers adequately address the concerns expressed by the staff,the Planning Commission as well as Mr.Lindstrom and the other Supervisors. Yours truly, 40 pi Blake Hurt President • REPUBLIC CAPITAL CORPORATION 108 FIFTH ST.,SE SUITE 207 CHARLOTTESVILLE,VA.22901 804-979-5748 December 2, 1987 Mr.John Horne Planning Department County of Albemarle 401 McIntire Road Charlottesville,Va.22901 Northside Industrial Park Dear John: After discussion with Mr.Lindstrom about his questions on the additional proffers,I would like to modify proffers 10 and 11 of my letter to you dated November 20 to read as follows: 10. The buffer area adjacent to the Airport Acres subdivision will be graded so as to maintain the natural topography of that property up to the area required to grade the property on a two to one slope to the edge of the parking or roadway in such a manner as to continue providing adequate storm drainage facilities for that section of the property. The planting of screening and the building of berms will be done in a manner to insulate,as far as is feasible,the adjacent residential neighborhood from the glare,noise and visibility of the project and screening shall be to the reasonable satisfaction of the Planning Commission. All screening vegetation shall be maintained by the owner. 11. The exterior architectural styling of the buildings will be reasonably consistent throughout the project. The buildings will be substantially masonry or concrete wall construction with brick,stucco,textured concrete or masonry facades,finished in natural earth tones on all building sides facing residential zoned land. Structure heights shall not exceed 25 feet except that no portion of any structure within 300 feet of the Airport Acres boundary shall exceed 20 feet. Building designs shall be reviewed in the schematic fashion with the Planning Staff for their comments prior to construction. I would appreciate it if you would add these changes to my proffer for the Board review. Sincerely, Blake Hurt President \ptl ZMA-87-11 Repubr pital Corporation - Request zone 25.6 acres from R-1, Reside a to HI, Heavy Industrial (pr .) . Property, described as Tax Map 32, Parcel 22, is located on the west side of US Rt. 29N south and adjacent to Northside Industrial park in Holly- mead in the Rivanna Magisterial District. Mr. Keeler gave the staff report. The report concluded: "Staff recommends approval of this rezoning and acceptance of the applicant's proffers provided public utilities and other public uses are not expressly excluded." September 15, ] 2age 12 It was determined the applicant's proffer did not extend to the 9 acres included in the plan which are already zoned industrial.. Mr. Cogan asked if approval of the ZMA meant that the Commission was accepting the master plan being presented. Mr. Keeler responded that the Commission was accepting the plan "to the extent that the applicant can rely on it." Mr. Keeler added that there was no guarantee that the applicant would be able to get that much building on the site without public sewer. He clarified that lack of public sewer would not limit the building area, per se, but would limit the number of people who could be placed on the property until public sewer is available. Mr. Cogan stressed that he was accepting the plan that was being submitted only as an illustration of a proposed plan. There was some question about the accuracy of the scale on the master t , , plan since it did not appear to conform to any conventional scale. The Chairman invited applicant comment. Mr. Blake Hurt, the applicant, addressed the Commission. Mr. Hurt explained that the drawing had been done by a computer and though done to "a scale" it was not the conventional scale. He stated that the measurements on both the parking and the building was in excess of 100 feet. He stated he had attempted to consider the important issues, i.e. (1) To keep off of Rt. 29; (2) Water already exists; (3) To take advantage of property that is already designated for industrial growth in the Comprehensive Plan; (3) Since public sewer is not yet available half the project is proposed for distribution warehousing which can rely on a domestic sewer system. He stated he felt this was a 10 to 20 year project and could be expected to absorb the demand for light and heavy industrial property for some time. He stated he expected to build 20,000 to 40,000 square feet .a year. He explained that the plan that was being presented was meant to be for the benefit of the Commission to give them an idea of what was • intended for the property and was not an attempt to "hoodwink" the Commission into accepting something that they might not like. He stated he was very sensitive in trying to accommodate the adjacent residential property and has tried to do this in several ways: (1) The road is proposed for the side of the property, rather than the center, to act as an additional buffer; (2) The buildings have been placed as close to the Northside Industrial Park and as far north as possible: (3) An attempt has been made to concentrate the buildings on the property that is currently zoned HI in order- to minimize the impact on Airport Acres; (4) Whatever buffering is desired by the neighbors will be utilized; and (5) An attempt has been made to keep the lines of communication open between the developer and the neighboring residential property owners. He concluded that he was attempting to go along with the desires of the County for this property. -- It was determined the other side of Northside Industrial Park.,(other than the 9 acres included in this proposal) was not under the control of the applicant. Mr. Hurt also stated that he was agreeable to including the 9 acres �1 already industrially zoned in with his proffer. 11 September 15, 1411P Page 13 Mr. Hurt also indicated he was agreeable to staff's suggestion that the proffer not exclude public utilities and certain other public uses. The Chairman invited public comment. Mr. Carroll Good, a resident of Airport Acres, addressed the Commission. He pointed out that the lots in Airport Acres are larger than .8 acre as had been stated. He presented a petition of opposition containing 74 signatures. The following persons also expressed their opposition to the proposal: Ms. Jean Jarvis;, Mr. Walt Buckram; Mr. Jerry Marshall; Ms. Terry Bibb; and Ms. Anne Gearhardt. Their reasons for opposition included the following: --Devaluation of property; --Noise; ' ' / --Increased traffic; --Impossible to buffer effectively; --Destruction of wooded areas. There being no further public comment, the matter was placed before the Commission. Mr. Gould felt proffer No. 1 was confusing. He asked if it meant that "there could be 450,000 square foot built and the uses all limited to activity which could be served by domestic septic fields." Mr. Keeler replied, "No, sir. I think it limits it to 225,0.00 square feet." Mr. Gould asked for an explanation of the second paragraph of proffer No. 1. Mr. Cogan agreed that this paragraph was confusing. Mr. Keeler explained: "It says he builds 225,000 square feet, and then subsequent to installation of sewer he builds another 225,000 .square feet, or a total of of pre-public sewer and post-public sewer of 450,000 square feet." Mr. Gould asked: "And does that mean it's all limited to only uses that can be served by domestic septic fields?" Mr. Keeler replied: "No." Ms. Diehl suggested that the addition of a semi-colon after 225,000 would make the statement clearer. Mr. Gould stated he felt it should be clarified. Mr. Hurt stated: "The buildings in dark brown are the buildings I'm proposing to build on septic system for uses that only require domestic sewage. When public sewer is installed, I plan to build in phases the ones that are in lighter brown and to have uses whatever are in keeping with the public sewer and discontinue the use of the septic fields." Mr. Gould and Mr. .Cogan indicated they understood Mr. Hurt's explanation but did not feel it was in agreement with proffer No. 1 as written. Ms. Diehl expressed an interest in knowing what uses couldnccommodated in this zone which would not be accommodated in the LI zone. In response to Mr. Michel's request, Mr. Keeler went over the zoning on the surrounding property and the original plan for Northside Industrial Park. I September 15, 14110 Page 14 It was determined this property is currently in the jurisdictional area for sewer service. Mr. Bowerman asked if there had been any changes in the Comprehensive Plan designation for this property as a result of the recent Land Use Subcommittee meetings. Mr. Horne stated that it continues to be designated for industrial indevelopment, though no distinction is made between light and heavy industry. In response to Ms. Diehl's earlier question, Mr. Horne read the following list of uses •"permitted" in the HI zone (after the applicant's proffer) which would not be allowed in" the LI zone: dry cleaning plants; machine shops, tool and dye, blacksmithing, boiler shops and similar operations; manu- • facutur.e of heavy household, commercial and industrial appliances; ' ' I manufacture of building components; metal fabrication and welding operations; mobile home manufacturing and distribution; moving businesses; sawmills; veterinary dog and cat hospitals. Mr. Michel stated he was sympathetic to both the residential community and to the applicant. However, he stated the applicant's proposal would offer better control over the front of the property since it doesn't come off of Rt. 29 and it will meet a need for industrial uses which is currently lacking. Ms. Diehl also stated she was concerned about the proximity to the residential property and the Commission would have to be very aware of buffering with future site plans. However, she stated that the property has been designated for industrial development in the Comprehensive Plan and, therefore, she would support the petition. �J Mr. Cogan stated he was concerned about heavy industrial development on septic systems. He was also concerned about the proximity to the R-1 zone. He felt that a Light Industrial zoning would be more appropriate which would serve as a transitional area between the R-1 and the HI. Mr. Gould stated he was sympathetic to both sides of the issue and that he thought the applicant had presented a well-thought-out response in trying to anticipate some of the problems. However, he stated he felt "we've got to find a way to find some accommodations between what Mr. Hurt's proposing and the people who want to live (in Airport Acres) for the rest of their lives." He also stated he was opposed to 225,000 square feet of industrial development on septic systems. Mr. Bowerman also stated he was sympathetic to both the applicant and the residents. However, he pointed out that nine acres in this immediate area, already owned by the applicant, are HI, and much of the surrounding land is industrial and the major recommendations for this area are basically industrial. For-"those reasons, he stated he was more sympathetic to the applicant. Regarding the issue of industrial uses on septic fields, he felt that our ordinances provide adequate protection.. He pointed out that this property would ultimately have utilities. He concluded that he felt the application was basically in compliance with the Comprehensive Plan. I I September 15, 1 Page 15 '` Mr. Hurt again stated that he did not expect to put any heavy industrial uses on septic fields. He added: "I'm happy to proffer that until such time as the public sewer is there, that I will not have any heavy industrial uses that can't easily pass the Health requirement. So if you want to take the parcel I'm asking for rezoning and say 'Until such time- as public sewer is provided, this will be only light industrial uses, ' I'm happy to do that." Mr. Keeler didn't think what Mr. Hurt was suggesting was possible, i.e. "to say that until such point in time in the future when something happens it's light industrial then it becomes heavy industrial." Mr. Cogan addressed some of Mr. Bowerman's comments and stated that though the Comprehensive Plan designates the property for industrial development, it does not specify light or heavy industrial, and though heavy industrial already exists, how far should it be allowed to spread. He again stated he felt LI would be a good transitional use between the R-1 and HI use. Mr. Bowerman asked the applicant if he had considered placing the more heavy uses toward the center of the property with the less intense uses along the residential side. Mr. Hurt stated he had not looked at configurations but had tried to allow as much buffer area as possible between his property and Airport Acres with the exception of the stormwater detention pond. He stated it was impossible to predict future uses at this time, but he would be happy to consider Mr. Bowerman's suggestion as site plans come up. Regarding the plan presented by the applicant, Mr. Horne stated: "The applicant's proffer is a proffer of that'general development in general accord with that master plan. If that master plan shows approximately 190 feet (buffer) , I personally would not interpret a 100 feet to be generally in accord with a drawing that shows 190 feet." Mr. Hurt stated the plan.was meant to be an approximate plan. Mr. Stark asked for a clarification of the issue before the Commission, i.e. is the issue whether or not the property should be industrially zoned at all, or has it not been so designated in the Comprehensive Plan for several years. • It was confirmed that the property has been so designated for several years and this issue was not the result of this application. Mr. Cogan further explained that the current issue is not one of whether or not the property should be industrial, but rather the intensity of that industry, light or heavy. Ms. Diehl moved that ZMA-87-11 for Republic Capital Corporation'be recommended to the Board of Supervisors of approval subject to the proffer of the applicant and with the understanding that the applicant is willing to include the 9 acres of already industrially zoned property in with the proffer as he had indicated. Mr. Michel seconded the motion. 4111Pr' September 15,1 ' . 1Page 16 It was also noted that it was the desire of the Commission that the applicant not exclude (in proffer No. 3) public utilities and public uses as referred to by staff. The motion for approval passed (4:2) with Commissioners Gould and Cogan casting the dissenting votes. The matter was to be heard by the Board on October 7, 1987. There being no further business, the meeting adjourned at 11:05 p.m. F , , John Horne, Secretary DS MA-6/-1 Kepuoiic l.apital uorporaLiou - aLLJLuauAc Wtlll �c� aavia 33.2.1 of the Zoning 0 fiance to rezone approximately i acres from R-1 Residential to HI/LI, - Ty/Light Industrial to allow fc warehousing facilities. Property, described as Tax Map 32, Parcel 22 is located on the west side of Rt. 29N between Airport Acres Subdivision and Northside Industrial Park. Rivanna Magisterial District. Mr. Keeler gave the staff report. Staff recommended approval subject to the proffers of the applicant. Mr. Keeler read the applicant's proffer. Mr. Keeler added that though staff had recommended approval of the previous application, it is felt that this proposal offers more in terms of protection to Airport Acres. The Chairman invited applicant comment. Mr. Blake Hurt, the developer, addressed the Commission. He stated the application had been changed in response to concerns of the Commission, the Board of Supervisors and the residents of Airport Acres. He stated the primary change was to put in a substantial buffer of Light Industrial. The Chairman invited public comment. The following persons addressed the Commission: --Mr. Carroll Good, a resident of Airport Acres, expressed his opposition. He felt the rezoning was not consistent with the Comprehensive Plan. Other concerns were: pollution of wells in subdivision and traffic increase. --Ms. Valerie Rottenthawler expressed concern about the increased danger to school buses caused by industrial traffic. --Ms. Jean Jarvis expressed her opposition to the proposal. Her concerns included groundwater pollution, noise, lighting problems, devaluation of property, and opposition to the Comprehensive Plan. February 2, 1988 Page 10 --Mr. Fritz Britton asked why it was necessary to rezone this property. He felt there is already enough industrially-zoned property in the county. --Ms. Treva Cromwell, representing the League of Women Voters, read a statement of support for the proposed rezoning. The reasons for support included: (1)the proposal is in compliance with the long-range goals for this area; and (2) the applicant has attempted to alleviate concerns of the residents of Airport Acres by providing a transitional area and has addressed the road access problem. --Ms. Virginia Gardner spoke in favor of the application. There being no further public comment, the matter was placed before the Commission. Mr. Keeler quoted the following section from page 171 of the Comprehensive Plan related to land use in the Hollymead community: Land Use and Public Facilities: The basic premise of land use planning for Hollymead Community is to avoid the division of residential portions of the community by Rt. 29N. Therefore the area west of Rt. 29N is planned for industrial use as an employment area for the future. Existing residential areas on the west side of Rt. 29 North in the northern portion of the community are recognized as residential areas on the Land Use Plan. One small undeveloped area north of Cedar Hill Trailer Park is recommended for medium-density housing. Mr. Bowerman recalled that though he had a great deal of sympathy for the residents of Airport Acres at the time of the previous request, he had voted for the rezoning. He felt the present application was more acceptable than the former application in terms of its impact on the residential neighborhood. He stated he would support the application based primarily on the fact that the Comprehensive Plan intends for this area to be industrial. Ms. Diehl stated she continued to support the application. She felt the current application was an improvement over the original one and that it was consistent with the Comprehensive Plan.. Ms. Diehl moved that ZMA-87-19 for Republic Capital Corporation be recommended to the Board of Supervisors for approval subject to the proffers submitted by the applicant. Mr. Wilkerson seconded the motion which passed unanimously. The matter was to be heard by the Board on February 17, 1988. 771' a "4 S 1.7 • LEAGUE OF FEB �. 1988 WOMEN ,.__.o VOTERS t'L�1i�l !89� �. DIVISION OF CHARLOTTESVILLE &ALBEMARLE COUNTY 29 January 1988 Albemarle County Planning Commission 401 McIntyre Road Re: ZMA-87-19 Charlottesville, Virginia 22901 Republic Capital Corporation Dear Commissioners: The applicant's petition to rezone 14.6 acres from R-1, Residential to HI, Heavy Industrial and 11 acres from R-1, Residential to LI, Light Industrial has raised issues of public concern generally related to industrial development. Among these are the relation of the proposed rezoning to the Comprehensive Plan, the rezoning's impact upon an adjacent residential area, Airport Acres, the capacity of the access road, the lack of public sewer, the area's suitability for industrial development, and concerns about the kinds of uses permitted by right. The League of Women Voters recognizes that the 1982 Comprehensive Plan's long-range growth goals for this area called for industrial development. The current review of the Comprehen- sive Plan continues to include industrial designation for this area. Therefore, the League supports staff's recommendation for approval of this request for rezoning and for acceptance of the proffers, provided strict performance standards are maintained. We believe the applicant has attempted to alleviate concerns of the residents of Airport Acres by providing a transitional area consisting of an expanded buffer zone and a light industrial zone between the residential area and heavy industrial uses, and has addressed the road access problem. The lack of public sewers in the immediate future may limit development, however. The applicant proposes that initial development will produce only domestic waste, yet many of the by-right uses for Light Industrial (Sec. 27.2.1) include uses whose sewage would not qualify as "domestic waste." Warehouse facilities are not a by-right use but require a special permit (Sec. 27.2.2). Among LI uses permitted are many that EPA in its Septic Systems and Groundwater Protection, An Executive Guide, notes create special hazards. 'ommunities that allow the use of septic systems by commercial or industrial establishments must recognize the potential dangers and take necessary precautions." The applicant's proffer concerning architectural style indicates a recognition of the necessity for an attractive. pleasing development. Since his will be among the first in the highly visible Hollymead industrial ares. he has the potential for setting an example for future developers. We hope he sets high standards that others will follow and show that an industrial area need not be unattractive. Sincerely, A Lois Rochester President H vi -1`1 July 21, 1987 To Whom It May Concern: We hereby authorize Republic Capitol Corporation to be our agent on matters of rezoning our property on Rt. 29 North. Sincerely, J ./;ezz-oL- W: cklic CaA4-6-; Oliver McCauley 0,111-,U4. i. A C_ ea-lx-61' Anna McCauley y .. DEC 22 Lim ZONING DEFAKMUI AFFIDAVIT DATE: January 15 , 1988 I , John T. P. Horne, hereby certify that the attached notice( s) was sent on the above date to all persons listed on said notice. ohp T. P. Horne Director of Planning & Community evelopment Given under my hand this 1S T day of , 19W 44%-ttA,? Notary Public My commission expires (V 19nt FILE: ZMA-87-19 REPUBLIC CAPITAL 44OF AI&4,Y � 8 Mira RciV« COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 January 15 , 1988 Walter J. or Virginia P. Bukrim Charles E. or Annie M. Gerhardt Carroll J. or Joyce L. Good Larry B. Hall Larry B. or Barbara A. Hall William M. & Jean G. Jarvis Jerry L. & Molly S. Marshall Oliver & Anna S. McCauley Rivanna Partners, L. P. John W. Townsend or Anne E. Echols Violet Hill Associates Woodbriar Associates RE: ZMA-87-19 Republic Capital Dear Sir or Madam: This letter is to notify you as an adjacent property owner of the above-referenced Request in accordance with Section 33 . 2. 1 of the Zoning Ordinance to rezone approximately 25. 6 acres from R-1, Residential to HI/LI, Heavy/Light Industrial to allow for warehousing facilities. Property, described as Tax Map 32, Parcel 22 is located on the west side of Rt. 29N between Airport Acres Subdivision and Northside Industrial Park. Rivanna Magisterial District. This petition will be reviewed and public comment received according to the following public hearing schedules: ALBEMARLE COUNTY PLANNING COMMISSION, TUESDAY, FEBRUARY 2, 1988 ALBEMARLE COUNTY BOARD OF SUPERVISORS,WEDNESDAY FEBRUARY 17, 1988 Both of these meetings will be held at 7 : 30 p.m. , Meeting Room #7 , Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. Should you wish to attend these meetings, you may call this office during the week of the meeting to ask the tentative time the item is scheduled on the agenda. You may review the file in the Planning Department, at the address above. If you should have any questions, comments or observations concerning this petition, please do not hesitate to contact me. Sincerely, Ronald S. Keeler Chief of Planning RSK/per .`C,�plz At./uJf� tit Jere; COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 January 15 , 1988 Blake Hurt, President Republic Capital Corporation 108 5th Street, S. E. , Suite 207 Charlottesville, VA 22901 RE: ZMA-87-19 Republic Capital Dear Mr. Hurt: This letter is to notify you that your above-referenced petition, has been scheduled for public hearings as follows: ALBEMARLE COUNTY PLANNING COMMISSION, TUESDAY, FEBRUARY 2, 1988 ALBEMARLE COUNTY BOARD OF SUPERVISORS, WEDNESDAY, FEBRUARY 17, 1988 Both of these meetings will be held at 7 : 30 p.m. , Meeting Room #7, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. You will receive a copy of the staff report and tentative agenda one week prior to the Planning Commission meeting. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS. If you should have any questions or concerns about this petition or schedule, please do not hesitate to contact me. Sincerely, Ronald S. Keeler Chief of Planning RSK/per cc: Ms. Lettie E. Neher 1• I =vwtl•IM .a aft• v�i� • ., •as„7 • • • '��'• aft.,,,• 4.w.M••M i /'• Lot W. -----.. •y 14+• 6►.. 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