HomeMy WebLinkAboutZMA201000009 Staff Report Zoning Map Amendment 2011-03-15COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: ZMA201000009 Republic
Staff: Eryn Brennan, Senior Planner
Capital Amendment
Planning Commission Public Hearing:
TMP: Tax Map 32 Parcel 22
March 15, 2011
Location: Located on west side of Route 29N, at the
intersection with Northside Drive
Owner: Northside Drive, LLC
Applicant: Marcia Joseph, Joseph Associates, LLC
Magisterial District: Rio
By -right use: industrial and commercial uses (no
residential use)
Acreage: 20.54 acres
Proffers: Yes
Proposal: Rezoning of a portion of a
Comprehensive Plan Designation: The Places
20.54 acre site zoned LI Light Industrial,
29 Master Plan designates the subject property
which allows industrial office and limited
as Light Industrial and Heavy Industrial. The
commercial uses (no residential use), to
Light Industrial (light purple) designation allows
amend proffers. No residential units are
manufacturing, predominately from previously
proposed.
prepared materials, of products or parts, and
may include processing, fabrication, assembly,
treatment, packaging, incidental storage, sales,
and distribution of these products. The Heavy
Industrial (gray) designation allows for
manufacturing or other enterprises with
significant external effects or which pose
significant risks due to the involvement of
hazardous materials. This designation applies to
a range of employment, production, and
commercial uses that are likely to create impacts
that are not suitable adjacent to residential uses
or many types of office or research activities. The
requested zoning map amendment and proffer
change is consistent with these designations.
Character of Property: Undeveloped
Use of Surrounding Properties: Residential, office park,
office, industrial, and open space /undeveloped
Factors Favorable:
Factors Unfavorable:
1. The requested proffer changes
1. The proffered plan has not been amended to be in
regarding a reduced buffer are
accord with the proposed proffer changes.
consistent with the Light
2. There is no proposed provision for an
Industrial designation outlined in
the Places 29 Master Plan.
interconnector road on this parcel as shown in the
Places 29 Master Plan.
2. The proposal furthers Economic
3. Other proffers not proposed to be amended are in
Development Policy objectives to
need of technical changes.
accommodate business and
industrial growth.
RECOMMENDATION: Based on the factors noted as unfavorable, staff does not recommend
approval of this rezoning, unless the unfavorable factors are resolved.
ZMA 2010 -9 Republic Capital Amendment
PC Public Hearing 3/15/11
STAFF PERSON: Eryn Brennan, Senior Planner
PLANNING COMMISSION PUBLIC HEARING: March 15, 2011
ZMA 2010 -9 Republic Capital Amendment
Applicant: Marcia Joseph, Joseph Associates, LLC
Petition:
PROJECT: ZNIA201000009 Republic Capital Amendment
PROPOSED: Rezoning of a portion of a 20.54 acre site zoned LI Light Industrial, which allows industrial, office,
and limited commercial uses (no residential use), to amend proffers. No residential units are proposed.
PROFFERS: Yes
COMPREHENSIVE PLAN LAND USE /DENSITY: Industrial Service - warehousing, light industry, heavy
industry, research, office uses, regional scale research, limited production and marketing activities, supporting
commercial, lodging and conference facilities, and residential (6.01 -34 units /acre)
ENTRANCE CORRIDOR: Yes
LOCATION: Located on west side of Route 29N, at the intersection with Northside Drive
TAX MAP /PARCEL: 03200000002200
MAGISTERIAL DISTRICT: Rio
Specifics of the Proposal
This request is to amend and consolidate proffers associated with the development on the subject parcel approved
on February 18, 1988. (See Attachments A for 1988 proffers and Attachment B for the proffered plan.) The
proposed amendments pertain primarily to consolidating the proffers regarding the buffer area adjacent to Airport
Acres and reducing the depth of the buffer. Specifically, the applicant is requesting to reduce the buffer area from
150 feet to 50 feet with a 4 foot high planted berm and a building setback of 75 feet (instead of the minimum 50
feet allotted by the Zoning Ordiance) from the adjoining residential district (Attachment Q. The proposed proffer
changes would eliminate the building height restriction of 30 feet and 25 feet for any portion of a structure within
300 feet of Airport Acres. The applicant would like to have building heights subject to Section 26.6 of the Zoning
Ordinance.
Background
The parcel under review was part of a 20.54 acre
rezoning to LI Light Industrial and HI Heavy Industrial
in 1988. The rezoning included a proffered plan and
proffers, one of which required a four acre buffer
between Airport Acres and the parcel under review.
In response to the initial application submitted on
October 18, 2010, the applicant received a comment
letter on December 3, 2011 outlining recommendations
from reviewers, which included a request to provide for
an interconnection through the University of Virginia
Research Park. The letter also noted that the requested
proffer amendments conflicted with the proffered plan,
and in a subsequent correspondence recommended this
issue be resolved.
The Planning Commission work session held on
January 18, 2011 provided guidance to staff and the
applicant regarding questions concerning the buffer,
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N r
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The area shaded light blue of the highlighted parcel is zoned LI
Light Industrial, and the area shaded dark blue is zoned HI Heavy
Industrial.
setback, and interconnector road shown on the Places 29 Master Plan adopted on February 2, 2011. The Planning
Commission expressed general support for the buffer reduction and maximum 35' building height, but requested
that the applicant explore the feasibility of an interconnector road on the site (Attachment D).
Following the January 18, 2011 work session, the applicant has elected to go directly to a Planning Commission
public hearing with no proposed revisions or changes to the plan or proffers.
Character of the Site and Area
The site has undeveloped, heavily forested areas and areas which have been cleared and graded based on a site
plan approved in 2000 (Attachments E and F). The portion of the parcel zoned LI Light Industry adjacent to the
Airport Acres development is heavily forested. The adjacent parcels to the south and southeast are zoned
R1 Residential, and the parcels to the west and north are zoned PDIP Planned Development Industrial Park and are
part of the University of Virginia Research Park.
Planning and Zoning History
• The ZMA 1987 -11 Republic Capital application to rezone approximately 25.6 acres from R1 Residential
to HI Heavy Industry was denied on December 2, 1987.
• The ZMA 1988 -19 Republic Capital application to rezone approximately 25.6 acres from R1 Residential
to HI /LI Heavy /Light Industry was approved with proffers on February 18, 1988.
• A critical slopes waiver to allow grading near an existing drainage swale was approved on October 5,
1999.
• The SDP 2001 -38 Rivanna Commercial Park site plan to construct one 81, 540 square foot building was
approved on June 14, 2001. The site has been graded in accordance with the approved site plan, but the
building has not yet been constructed.
• ZMA 2010 -9 Republic Capital was reviewed by the Planning Commission as a work session item and
comments were provided to the applicant.
Conformity with the Comprehensive Plan
The Places 29 Master Plan designates the subject property as Light Industrial and Heavy Industrial. The Light
Industrial (light purple) designation allows manufacturing, predominately from previously prepared materials, of
products or parts, and may include processing, fabrication, assembly, treatment, packaging, incidental storage,
sales, and distribution of these products. It does not include basic industrial processing (see Heavy Industrial). The
Light Industrial designation allows for a range of employment and commercial uses that may have impacts that
would not be suitable in or adjacent to residential uses, retail uses, commercial uses, or many types of commercial
office or research activities.
The Heavy Industrial (gray) designation allows for manufacturing or other enterprises with significant external
effects or which pose significant risks due to the involvement of hazardous materials. This designation applies to
a range of employment, production, and industrial uses that are likely to create impacts that are not suitable
adjacent to residential uses or many types of office or research
activities. The requested zoning map amendment and proffer change is
consistent with these designations. The requested zoning map
amendment and proffer change is consistent with these designations.
The Places 29 Master Plan was adopted on February 2, 2011. The plan
proposes a road through this property connecting US Route 29 with
Lewis & Clark Drive (see red arrow in adjacent image). Although the
exact location of the road has not yet been determined, it was modeled
as an interconnection necessary to reduce traffic on Rt. 29 and facilitate
increased traffic flow associated with new development in this part of
the County. Staff believes that making a provision for this future
ZMA 2010 -9 Republic Capital Amendment
PC Public Hearing 3/15/11
connection either through this property, or via an internal road within the development to a connecting road,
would be appropriate as part of a rezoning application for this property. Such a provision could be made through a
proffer for dedication of right -of way on demand by the County and a revision to the proffered plan.
The County Engineer conducted a feasibility study for an interconnector road and has provided the following
comments:
Per the Planning Commission's and your request, I have investigated the feasibility of a road
connecting Rt. 29 and the future extension of Lewis & Clark Drive. I had no trouble laying out a
road which would have an adequate grade and curvature to provide the connection as
recommended in the comprehensive plan, with minimal impact to the proposed development.
This proposed conceptual alternative borders the northern property lines, and involves part of the
off -site parcel 32 -22C5. The connection becomes the main route, instead of the cul -de -sac
terminus on parcel 32 -67. In addition, a roundabout at Lewis & Clark Drive, or similar measures
would adequately address through - traffic concerns, while maintaining the "midblock"
connectivity between the north and south ends of development along this section of Rt. 29,
prolonging and improving the signal functionality on Rt. 29, and providing access to the research
park and western destinations for the future occupants of this development.
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Principles of the Neighborhood Model
Staff has determined that only two of the twelve principles of the Neighborhood Model apply to the
application request, and these are addressed below:
Interconnected The Neighborhood Model recommends interconnections (vehicular or
Streets and walkways/bikeways) between adjoining parcels to allow for dispersal of vehicle trips,
Transportation provide opportunities for residents to walk to work, and to promote multi -modal
Networks transportation. The existing concept plan shows interconnected travelways within the
development; however, a provision for a future connector linking US Route 29 and
Lewis & Clark Drive would ensure interconnectivity to the larger transportation network
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in the area. This principle is not met.
Relegated Parking Parking is currently relegated on the existing proffered plan. This principle is met.
The existing proffered concept plan for the site was created before the Neighborhood Model was adopted. As
with many plans of its era, it is general in nature and did not consider the need for interconnections. Since Zoning
and Current Development have determined that the proffered plan would have to be amended based on the
proposed proffer changes, the proffered plan should be revised to conform with today's Comprehensive Plan,
particularly concerning vehicular interconnectivity.
Economic Development Policy
Another relevant part of the Comprehensive Plan is the Economic Development Policy. The County's goal for
economic growth is to:
Maintain a strong and sustainable economy: 1) benefiting County citizens and existing businesses and providing
diversified economic opportunities; 2) supportive of the County's Growth Management Policy and consistent with
the other Comprehensive Plan goals; and, 3) taking into consideration the greater Charlottesville Metropolitan
region.
Objectives and strategies include:
OBJECTIVE II: Plan for land and infrastructure to accommodate future business and industrial growth.
Strategy 2: Designate areas for office, commercial and industrial development within the designated
Development Areas that meet the development standards of the Comprehensive Plan and will
provide sufficient land to meet community needs through the next Comprehensive Plan revision.
• Ensure that land for business and light - industrial uses are consistent with the
neighborhood model principles, which provide for ease of access for employees
housing, support services, and multi -modal transportation options. (Underlining added)
Strategy 3: Utilize the rezoning process and associated proffer allowances to address needs brought about by
new development and to provide the community with assurances about future development
activities.
Strategy 4: Encourage infill development of business and industrial uses in Development Areas, including
consideration of proactively rezoning land to allow for light - industrial uses as needs are identified
through Master Plans and other efforts. Initiate zoning text amendments that further enable
business and light - industrial uses of the appropriate zoning districts.
While the proposal supports the County's economic development policy objective to accommodate future
business and industrial growth, it is not consistent with the neighborhood model principle to provide
interconnections between adjoining parcels to promote connectivity and multi -modal transportation.
Staff Comment
Reduced Buffer and Building Height
Staff does not anticipate that the proposed proffer changes regarding reduction of the buffer adjacent to the
Airport Acres development would have any adverse impact on environmental, cultural, or historic resources and
has no objection to the proposed proffer amendments. Staff also supports the applicant's proposed building height
and setback or a setback that complies with the requirements in the Zoning Ordinance. At this time, staff has not
received any communication or correspondence from adjacent neighbors.
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Provision for Future Interconnector Road
Staff believes that not providing for a future
interconnector road as shown in the Places 29
Master Plan would have a detrimental impact on
traffic and the overall transportation network in the
area, and is not consistent with the goals of the
County's economic development policy or Places
29 Master Plan. The UVa Research Park directly
north of this property has provided for a future
connection to extend from Lewis & Clark Drive to
connect to Northside Drive in an effort to foster
vehicular connectivity, and the road shown in the
area of this property is an integral part of that
vehicular network. The County Engineer has also
shown that a road is topographically feasible on the
site, and in a location that only minimally impacts
the development. Therefore, staff believes that
provision for a future interconnector should be
provided with this rezoning.
Proffers
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Staff cannot support proffer revisions that are not reflected on the proffered plan. In addition, zoning comments
provided to the applicant in December requested additional changes to the proffers and plan in order to achieve
greater clarity and ensure they meet current zoning requirements and standards (Attachment G). In the absence of
changes to the proffers and plan based on these comments, staff cannot support the application as proposed.
Summary
Factors Favorable:
3. The requested proffer changes regarding a reduced buffer are consistent with the Light Industrial
designation outlined in the Places 29 Master Plan.
4. The proposal furthers Economic Development Policy objectives to accommodate business and
industrial growth.
Factors Unfavorable:
4. The proffered plan has not been amended to be in accord with the proposed proffer changes.
5. There is no proposed provision for an interconnector road on this parcel as shown in the Places 29
Master Plan.
6. Other proffers not proposed to be amended are in need of technical changes.
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Staff recommends denial of this rezoning based on the unfavorable factors noted in this report.
ATTACHMENTS:
A 1988 Proffers
B 1988 Proffered Concept Plan
C Proposed Proffers Amendments (includine Dlan and section)
D Work Session Action Memo
E Characteristics of Site
F Site Plan Approved in 2000
G Zoning Comments
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