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HomeMy WebLinkAboutZMA201300009 Staff ReportCOUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 201300009 Albemarle Staff: Sarah Baldwin Place /Stonefield Planning Commission Public Hearing: Board of Supervisors Public Hearing: October 8, 2013 November 13, 2013 Owners: Albemarle Place EAAP, LLC Applicant: Albemarle Place EAAP, LLC c/o Steve Teets Acreage: Approximately 65 acres Rezone from: NMD, Neighborhood Model with proffers and Code of Development NMD which allows residential (3 — 34 units /acre) mixed with commercial, service and industrial uses TMP: Tax Map Parcel(s) 061 WO- 03- 00- 019AO, By -right use: Residential (3 — 34 units /acre) 061 WO- 03- 00- 019BO, 061 WO- 03 -00- 02300, mixed with commercial, service and industrial 061 WO- 03 -00- 02400, 061 WO- 03- 00 -019E2 uses and retail sales and service uses. Magisterial District: Jack Jouett Proffers: Yes Proposal: Amend the Application Plan and Requested # of Dwelling Units: No new Code of Development regarding property zoned dwellings or change in residential density is NMD to allow automobile service stations as a proposed. permitted use. No new dwellings or change in residential density proposed. DA (Development Area): Neighborhood 1 Comp. Plan Designation: The area proposed for the new use is designated Commercial Mixed Use. Character of Property: The portion of the site Use of Surrounding Properties: The subject to the request has been rough graded surrounding properties provide a variety of uses, for development (the area north of the Sperry). including post office, residential, shopping centers, and industrial. Residential uses are located to the west, industrial /office uses are located to the north and south and Route 29 /post office and commercial uses are located to the west of the site. Factors Favorable: Factors Unfavorable: 1. The rezoning request proposes to add 1. There are technical changes that need to a use that will provide for further be addressed on the Application Plan. flexibility to the Code of Development. 2. This rezoning request will not significantly change the site layout or intent of the original rezoning. RECOMMENDATION: 1. Staff recommends approval with changes to the Application Plan to address technical issues /corrections. Albemarle Place /Stonefield PC Public Hearing 10/8/2013 STAFF PERSON: Sarah Baldwin PLANNING COMMISSION: October 8, 2013 BOARD OF SUPERVISORS: November 13, 2013 ZMA 201300009 Albemarle Place /Stonefield PETITION PROJECT: ZMA201300009 /Albemarle Place /Stonefield PROPOSAL: Request to amend the Application Plan and Code of Development to add a service station on property zoned NMD which allows residential (3 — 34 units /acre) mixed with commercial, service and industrial uses. No new dwellings or change in residential density proposed. PURPOSE OF NOTICE AND HEARING: Intention of the Planning Commission to make recommendation on the Proposal to the Board of Supervisors ENTRANCE CORRIDOR: Yes PROFFERS: Yes COMPREHENSIVE PLAN: Designated Urban Mixed Use (in Destination Center) — retail, residential, commercial, employment, office, institutional, and open space; Urban Mixed Use (in areas around Centers) — commercial and retail uses that are not accommodated in Centers; and Commercial Mixed Use — commercial, retail, employment uses, with supporting residential, office, or institutional uses. LOCATION: Northwest corner Hydraulic Road (Rt. 743) and Seminole Trail (US 29) in Neighborhood 1. TAX MAP /PARCEL: 061 WO- 03- 00- 019AO, 061 WO- 03- 00- 019130, 061 WO- 03 -00- 02300, 061 WO- 03 -00- 02400, 061 WO- 03- 00 -019E2 MAGISTERIAL DISTRICT: Jack Jouett CHARACTER OF THE AREA The surrounding properties provide a variety of uses, including post office, residential, shopping centers, and industrial. Residential uses are located to the west, industrial /office uses are located to the north and south and Route 29 /post office and commercial uses are located to the west of the site. The Town Center portion of this site and hotel and apartments are largely under construction and portions are occupied. The northern portion of the site has been rough graded for future development. The site fronts on Route 29, a major arterial road, and Hydraulic Rd. There are several commercial establishments located in the vicinity as well as residential neighborhoods. SPECIFICS OF THE PROPOSAL The applicant is requesting a modification to the Code of Development and Application Plan to allow an automobile service station as an allowed use in Blocks F & G (Attachments A & B). The Applicant describes the "ancillary fuel facility" use a being in conjunction with the operation of a private retail establishment (Costco). APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant would like to add automobile service station as an allowed use in Blocks F & G (Attachment A). The applicant has provided the following information justification: The ancillary fuel facility will be developed in conjunction with the operation of a retail establishment. The facility will provide gas and diesel fuel only and will not provide all of the other services that may typically be offered under the general description of service station use. The facility will be operated solely as an amenity for private members of the retail establishment. The limited nature of the services to be provided at the proposed facility is similar to other facilities that have been approved and are currently in operation in Albemarle County for retail warehouse clubs. Albemarle Place /Stonefield PC Public Hearing 10/8/2013 2 The proposed use will be a benefit to County residents as the majority of customers accessing the facility will also be patronizing the larger retail establishment to which the use is accessory, encouraging "trip chaining," where more than one errand is combined and will facilitate fewer and shorter trips, thereby lessening traffic impacts to the area. A secondary public benefit will be realized because vehicle fuel will be available at a lower cost than offered at typical service stations. The applicant believes that the property can safely and efficiently accommodate the proposed use and shall work with the County Engineer to ensure development of a plan that provides for safe and convenient circulation of vehicles at the site. PLANNING AND ZONING HISTORY CPA 1997 -0006 — Change the Comprehensive Plan land use designation from Industrial Service to Regional Service to allow for a large, retail destination store on the site. This proposal did not have a mixed —use component. The applicant withdrew the proposal prior to any Planning Commission action. CPA 2001 -0004 - In 2002, the Board of Supervisors approved the Hydraulic Super Block Comprehensive Plan Amendment. ZMA 2001 -0007 - On October 22, 2003, the Board of Supervisors approved Albemarle Place with proffers, amended exhibits, Code of Development and application plan. ZMA 2008 -0003 — On August 4, 2010, the Board of Supervisors approved amendments to the proffers and Code of Development. ZMA2011 -0004 — On August 5, 2011, the Board of Supervisors approved amendments to the proffers. ZMA2011 -0007- On March 14, 2012, the Board of Supervisors approved amendments to the proffers. COMPREHENSIVE PLAN The Places29 Master Plan land use recommendations for this site are reflective of the land use pattern approved with the Stonefield (AKA, Albemarle Place) rezoning. The approved land use pattern consists of higher density, mixed used, urban form development in Blocks A -E and a more conventional retail development in Blocks F & G, located on the north side of the Sperry site. Places 29 Master Plan specifically states that "the northern portion of the development (north of Sperry Marine) has been designed as a more conventional retail development. The land use pattern approved during the rezoning [of Stonefield] has been incorporated in the Future Land Use Map." This request is to allow automobile service station as a use only within Blocks F & G of the Stonefield development. Because these blocks were approved to be a more conventional retail development and because of the nature of this request (to add single new use to this commercial area), a review of this request's consistency with the Neighborhood Model Principles has not been undertaken. The Places 29 Master Plan designates this portion of the Stonefield development for Commercial Mixed Use. The Plan states that the primary uses with this designation are "community and regional retail, commercial service, auto commercial service and office uses (p. 4 -6)." In Table LU2, the Master further notes for the Commercial Mixed Use designation that the "auto commercial sales and service is Albemarle Place /Stonefield PC Public Hearing 10/8/2013 3 considered "a primary use in this designation." The table further notes the expectation to "provide evidence that that the noise, odors, and other potential nuisances do not adversely affect surrounding uses." The Master Plan identifies auto services as an acceptable use in this area provided that potential nuisances do adversely after surrounding uses. Impacts of the proposed use to surroundings uses and infrastructure will be discussed later in the report, but these impacts should be minimized by the location of the station on -site and the type of, and distance from, other nearby uses. The proposed addition of automobile service stations as a permitted use in Blocks F and G will further support the County's desire for a mixture of uses in Neighborhood Model Districts and provide for less driving because of shorter trips and combined errands within Stonefield and the surrounding area. It should be noted that store related gas stations have been approved in Rio Hills Shopping Center (Kroger, ZMA200900005) and at SAM's gas station (ZMA198900023). Another Kroger gas station is located on Emmett Street in Charlottesville. Economic Vitality Action Plan The primary goal of the County's Economic Vitality Action Plan is to: Increase the County's economic vitality and future revenues through economic development by expanding the commercial tax base and supporting the creation of quality jobs for local residents. This Plan is developed for the benefit and economic well being, first, of current local residents and existing local businesses. The proposed new fuel center will expand the tax base and provide several additional jobs. Staff believes that this is consistent with the goals and objectives of the Economic Vitality Action Plan. Relationship between the application and the purpose and intent of the requested zoning district Neighborhood Model Districts are intended to provide for compact, mixed -use development with an urban scale, massing, density and an infrastructure configuration that integrates diversified uses within close proximity to each other. This project continues to be consistent with the intent of the NMD district as the mix of uses within this development will provide appropriate services and activities on a neighborhood, community and regional scale. As noted previously in this report, the approved rezoning contemplates a town center with the Neighborhood Model District concept in Blocks A -E. In Block F and G, the approved rezoning permits a conventional, retail oriented commercial development. The proposal to add a fuel facility is consistent with the intent of the approved zoning and appropriate for this area (Blocks F and G), which were intended for retail and non - retail uses. Anticipated impact on public facilities and services Streets: The gas station is expected to serve those who are also patronizing Costco and /or other stores within the shopping center and towncenter, or those already traveling on nearby roads. The proposed fuel center will largely support those shopping in Costco, other stores within the development, or others already travelling on nearby streets. Thus, it is expected that there will be little to no impact on the street network. In addition, the traffic study in the original rezoning was based on a maximum build out of 210,000 square feet for Blocks F & G. The Applicant is proposing an overall square footage of 190,000 square feet in Blocks F & G, which includes the addition of the fuel station. The Applicant has also provided updated traffic analysis for this proposal. The County Engineer has reviewed the proposal and revised traffic study and has no objection with allowing the requested new use on this Albemarle Place /Stonefield PC Public Hearing 10/8/2013 4 site. Some outstanding issues still remain related to site development; however, these issues can be addressed at the final site plan review stage. Additionally, VDOT has no objection to the proposed facility stating that it will likely result in a lower trip generation. Schools: There are no residences proposed as part of this rezoning map so there will be no impact on County Schools. Fire and Rescue: There are several fire - rescue facilities in the area. Utilities: Water and sewer are available on the site; there are no issues or impacts from the proposed fuel center. Anticipated impact on cultural and historic resources: The ARB reviewed the proposal on August 5`h and had no objection to the addition of the gas station and canopy. They did request that the canopy meet all Entrance Corridor Guidelines, including those for height. Anticipated impact on nearby and surrounding properties None anticipated with these amendments. The proposed fuel facility will be surrounded by other commercial and service uses. The Applicant acknowledges that they facility will meet or exceed all federal, state and local regulations regarding storage and dispensing of fuel products. The fuel facility will be surrounded by other commercial uses. The applicant is working with the County Engineer during the site plan stage to ensure traffic is managed onsite. The general concepts for circulation are acceptable to the County Engineer with some changes to entrance locations which can be addressed at the final site plan review stage. All lighting is in accordance with Zoning Ordinance requirements and will be full cut off. Public need and justification for the change The proposed amendment does not affect this project's provision of a mixture of commercial, office, and residential uses on a regional scale in Albemarle County. The proposed amendment to the COD would allow an additional use and provide for a greater mix of uses onsite and support the mixed use concept in the Neighborhood Model District. The location of this service station use within a shopping area and destination center allows for a greater opportunity to combine vehicle trips /vehicle trip capture (reducing vehicle trips on other roads). Other There remain some minor technical corrections /changes that are necessary to the Application Plan such as interconnection locations and entrance locations. These corrections should be made prior to Board of Supervisor review of the proposal. SUMMARY Staff has identified the following factors, which are favorable to this request: 1. The rezoning request proposes to add a use that will provide for further flexibility to the Code of Development. 2. This rezoning request will not significantly change the site layout or intent of the original rezoning. Staff has identified the following factors which are unfavorable to this request: 1. There are technical changes that need to be addressed on the Application Plan. Albemarle Place /Stonefield PC Public Hearing 10/8/2013 5 RECOMMENDATION Staff recommends approval of ZMA201300009 with the attached amended Application Plan and Code of Development provided the Applicant agrees to the additional technical changes. ATTACHMENTS: ATTACHMENT A- Amended Code of Development ATTACHMENT B- Amended Application Plan PLANNING COMMISSION MOTION: A. Should a Planning Commissioner choose to recommend approval of this ZMA: Move to recommend approval of ZMA201300009 as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this ZMA: Move to recommend denial of ZMA201300009. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. Albemarle Place /Stonefield PC Public Hearing 10/8/2013 6 v, v C0 X N I _U N d- O O C O I N O O n N I a� c 0 N Q) v t CL LL_ I O O a� C O I N U v a� v E Q v a� 0 I_ Q O N C a� U 0 0 U -L� N N / U 0 v v 0 t m / • . 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PROJECT: SET REV. NO. RU STONEFI ELD COSTCO ENGINEERS ALBEMARLE COUNTY, VA DRAWN BY: SURVEYORS REG DRAWING NUMBER: PLANNERS TITLE. DIHR BY: AMENDED APPLICATION PLAN C— 1 ASSOCIATES HFW PO Box 4119 3040 Avemore Square P1. SKEET N UMBER: Lynchburg, VA 24502 Charlottesville, VA 22911 WWA NUMBER: FILE NAME: DISCIPLINE: SCALE: DATE: Phone: 434.316.6080 Phone: 434.984.2700 II /II H: 1 �r— 100' 1 Q f 3 N0. SHEET REVISION BY DATE NO. SHEET REVISION BY DATE www.wwass °elates.net 213042.1 1 304211C —ZMA XHBT2.dw IV IL V: NIA 6 -19 -13 EXHIBIT A CODE OF DEVELOPMENT APPENDIX A — Permitted /Prohibited Uses by Block* October 15, 2003 (as revised on July 8, 2010 and approved by Board of Supervisors on August 4, 2010, and as further revised on June 3, 2013) *P- Permitted uses by block; SP -Uses that may be applied for via Special Use Permit; Blank — Uses prohibited within block. The square footages for all uses shaded in this table shall count towards the retail portion of the non - residential square footage maximum established in the Code of Development in Table I: "Uses Table" Block Group 1 2 3 Block A B C D E F G Detached single family R Semi - detached and attached single - family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses, and accessory apartments. P P P P P E Multiple-family dwellings P P P P P S Rental of permitted residential uses P P P P P Homes for developmentally disabled persons reference 5.1.07 P P P P P U Boarding houses P P P P P S Tourist lodgings reference 5.1.17 P P P P P E Home occupation, Class A reference 5.2 P P P P P S Home occupation, Class B (reference 5.2 ) SP SP SP SP SP Accessory uses and buildings, including storage buildings P P P P P P P Assisted living P P P P P P P Rest home, nursing homes, or convalescent homes P P P P P P P Administrative, business and professional offices P P P P P P P Antique, gift, jewelry, notion and craft shops P P P P P P P Auction houses P P P P P P N Automobile laundries P P P P P P 0 Automobile, truck repair shop excluding body shop P N Automobile service stations (reference 5.1.20 ) P Barber, beauty shops P P P P P P P R Body Shop SP SP SP SP SP SP E Building materials sales P P P P P P S Tier I personal wireless service facilities reference. 5.1.40 P P P P P P P I Tier II personal wireless service facilities reference 5.1.40 P P P P P P P D Tier III personal wireless service facilities reference 5.1.40 SP SP SP SP SP SP SP E Cemeteries N T Churches P P P P P P P I Clothing, apparel and shoe shops P P P P P P P A Clubs, lodges, civic, fraternal, patriotic reference 5.1.2 P P P P P P P L Commercial kennels — indoor only reference 5. 1.11) P P P P P P U Commercial recreation establishments including but not limited to amusement centers, bowling alleys, pool halls and dance halls P P P P P P P S Community center P P P P P P P E Contractors' office and equipment stora e yard P P P P P P P S Convenience stores P P P P P P P Day care, child care, or nursery facility reference 5.1.06 P P P P P P P Department store P P P P P P P Drive -in theaters Drive -in windows serving or associated with permitted uses SP SP SP SP SP SP SP Drug store, pharmacy P P P P P P P Eating establishment not including fast food restaurant P P P P P P P CODE OF DEVELOPMENT APPENDIX A — Permitted /Prohibited Uses by Block* October 15, 2003 (as revised on July 8, 2010 and approved by Board of Supervisors on August 4, 2010, and as further revised on June 3, 2013) *P- Permitted uses by block; SP -Uses that may be applied for via Special Use Permit; Blank — Uses prohibited within block. The square footages for all uses shaded in this table shall count towards the retail portion of the non - residential square footage maximum established in the Code of Development in Table I: "Uses Table" Block Group 1 2 3 Block A B C D E F G Electric, gas, oil and communication facilities, excluding 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 16 of the Code of Albemarle and all other applicable law. P P P P P P P Factory outlet sales — clothing and fabric P P P P P P P Farm Stand P P P P P P P Farmers' market (reference 5.1.36) P P P P P P P Fast food restaurant P P P P P P P Feed and seed stores (reference 5.1.22 ) P P P P P P P Financial institutions P P P P P P P Fire and rescuesquad stations reference 5.1.09 P P P P P P P Fire extinguisher and security products, sales and service P P P P P P P Florist P P P P P P P Food and grocery stores including such specialty shops as bakery, candy, milk, dispensary and wine and cheese shops P P P P P P P Funeral homes P P P P P P Furniture and home appliances sales and service P P I P P P P P Hardware store P P P P P P P Health club or spa P P P P P P P Heating oil sales and distribution (reference 5.1.20 ) P P P P P P P Home and business service such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance P P P P P P P Hospitals SP SP SP SP SP SP SP Hotels, motels and inns P P P P P P P Indoor athletic facilities P P P P P P P Indoor theaters P P P P P P P Laboratories, medical or pharmaceutical P P P P P P P Laundries, dry cleaners P P P P P P P Laundromat (provided that an attendant shall be on duty at all hours during operation) P P P P P P P Libraries, museums P P P P P P P Light warehousing P P P P P P P Livestock sales Machinery and equipment sales, service and rental P P P P P P P Medical center P P P P P P P Mobile home and trailer sales and service Modular building sales Motor vehicle sales, service and rental SP SP SP SP SP SP SP Musical instrument sales P P P P P P P New automotive parts sales P P P P P P P Newspaper publishing P P P P P P P CODE OF DEVELOPMENT APPENDIX A — Permitted /Prohibited Uses by Block* October 15, 2003 (as revised on July 8, 2010 and approved by Board of Supervisors on August 4, 2010, and as further revised on June 3, 2013) *P- Permitted uses by block; SP -Uses that may be applied for via Special Use Permit; Blank — Uses prohibited within block. The square footages for all uses shaded in this table shall count towards the retail portion of the non - residential square footage maximum established in the Code of Development in Table I: "Uses Table" Block Group 1 2 3 Block A B C D E F G Newsstands, magazines, pipe and tobacco shops P P P P P P P Office and business machines sales and service P P P P P P P Optical goods sales P P P P P P P Outdoor Amphitheatre with no fixed seats and limited operation such as no loudspeakers after 10 m, weekends only, etc. P Outdoor eating establishment or cafe P P P P P P P Outdoor storage, display and/or sales serving or associated with a by -right permitted use, if any portion of the use would be visible from a travelwa SP SP SP SP SP SP SP Parks, playgrounds and civics aces P P P P P P P Photographic goods sales P P P P P P P Private schools P P P P P P P Professional offices, including medical, dental and optical P P P P P P P Public and private utilities and infrastructure P P P P P P P Public uses and buildings, including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state, or federal agencies, public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority P P P P P P P Research and development activities including experimental testing P P P P P P P Retail nurseries and greenhouses P P P P P P P Sales & Service of goods associated with principal use P P P P P P P Sales of major recreational equipment and vehicles P P School of special instruction P P P P P P P Seasonal and periodic events such as holiday festivals, community fairs, artisan and public open markets, and other pedestrian related events to be conducted on adjacent private streets P P P P P P P Temporary Events SP SP SP SP SP SP SP Septic tank sales and related services Sporting oods sales P P P P P P P Stand alone parking and parking structures (reference 4.12, 5.1.41 ) P P P P P P P Stormwater management facilities shown on an approved final site plan or subdivision plat P P P P P P P Swim, golf, tennis or athletic facility P P P P P P P Tailor, seamstress P P P P P P P Tempo construction uses reference 5.1.18 P P P P P P P Temporary nonresidential mobile homes reference 5.8 P P P P P P P Veterinary Office and Hospital P P P P P P P Visual and audio appliances sales P P P P P P P Warehouse facilities not permitted under section 24.2.1 (reference 9.0 Wayside stands — vegetables and agricultural produce (reference 5.1.19 P P P P P P P Wholesale Distribution ATI'ACIiMENI' E