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Home My WebLink AboutZMA201000012 Staff Report Zoning Map Amendment 2011-03-01COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA2010- 00012, King Staff: Judith Wiegand, Senior Planner Property Planning Commission Public Hearing: Board of Supervisors Public Hearing: March 1, 2011 Not yet scheduled. Owner: Stephen C. King Applicant: David Cooke, II, Real Estate III, acting as agent for the owner Acreage: Total parcel: 1.966 acres; 1.10 Rezone from: RA, Rural Areas, which allows acres currently zoned RA and 0.86 acre agricultural, forestal, and fishery uses; residential currently zoned LI (source: GIS -Web). density (0.5 unit /acre) to LI, Light Industrial, which allows industrial, office, and limited commercial uses (no residential use) TMP: 04500- 00- 00 -025AO Existing Zoning and By -right use: Location: 352 West Rio Road (Rt. 631) at RA -- Rural Areas: agricultural, forestal, and fishery its intersection with Four Seasons Drive (see uses; residential density (0.5 unit /acre) Attachment A) LI, Light Industrial -- industrial, office, and limited commercial uses (no residential use) Magisterial District: Rio Proffers: Yes DA (Development Area): Requested # of Dwelling Units: NA RA (Rural Areas): X Proposal: to rezone the RA portion of the Comprehensive Plan Designation: Rural Areas - parcel to LI so that both portions of the preserve and protect agricultural, forestal, open space, parcel have the same LI zoning. and natural, historic and scenic resources/ density (0.5 unit/ acre) Character of Property: The parcel now Use of Surrounding Properties: The property to the has a single residence surrounded by trees north is industrial in nature, property to the south and and some clear areas. (See Attachment F) east across Rio Road West is offices, and property to the west is owned by VDOT, with a residential subdivision on the other side (west) of the VDOT right - of -way. Factors Favorable: Factors Unfavorable: Staff has identified factor that is favorable to Staff has identified three factors that are unfavorable to this application: this application. 1. The rezoning would address the unique 1. The proffers remove only one potential use from locational circumstances of this parcel by the list of by -right Light Industrial uses, so only the consolidating the zoning into one district size of the parcel would control which uses might that is consistent with the surrounding be located there. properties. 2. There is insufficient commitment to protection for the water supply watershed through removal of certain uses that could negatively impact the water supply. RECOMMENDATION: Staff does not recommend approval of this rezoning unless commitments are made to limit uses to those appropriate in this location, particularly as they relate to the water supply watershed. STAFF PERSON: PLANNING COMMISSION: ZMA 2010 - 00012, King Property Judith Wiegand, Senior Planner March 1, 2011 PETITION PROJECT: ZMA201000012 King Property PROPOSAL: Rezone .85 acre of a 1.775 acre parcel from Rural Areas (RA) zoning district which allows agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) to Light Industrial (LI) zoning district which allows industrial, office, and limited commercial uses (no residential use). Remainder of the parcel is zoned Light Industrial. PROFFERS: YES EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density ( .5 unit/ acre in development lots) ENTRANCE CORRIDOR: Yes LOCATION: 352 Rio Road W (Rt. 631) at intersection with Four Seasons Drive TAX MAP /PARCEL: 045000000025AO MAGISTERIAL DISTRICT: Rio CHARACTER OF THE AREA The parcel is in the Rural Areas, just across Rio Road West from the Development Areas. Approximately one -half of the subject parcel, as well as all the parcels around it, are zoned Light Industrial. These parcels are now used for warehousing, offices, and other industrial uses. The subject property has a single family detached house on it that is currently used as a residence. SPECIFICS OF THE PROPOSAL As stated by the property owner in his application: The subject property consists of +/ -1.775 acres with approximately half the property zoned Light Industrial (LI) and the balance zoned Rural Areas (RA). With adjacent parcels also zoned LI, it is my request to have the RA portion of my property zoned LI. It is my intent to create a more saleable property by having the entire parcel zoned LI. This request is also in keeping with the County's desire to create additional LI zoned property. The applicant has owned the property since 1982. He has not provided a concept plan because he does not intend to develop the property; he plans to sell it and is requesting the rezoning so that the entire parcel will have the same zoning district. PLANNING AND ZONING HISTORY Prior to the County's comprehensive rezoning in December 1980, a portion of the subject parcel and several parcels around it were zoned M1, an industrial district. At the time of the comprehensive rezoning, the M1 district was changed to Light Industrial. Prior to February 22, 1982, the subject parcel was split into two lots, with one lot zoned Light Industrial and the other zoned Rural Areas. At the request of the owner, the lots were combined into a single parcel in 1982, however, the zoning remained split into two districts. (See Attachment B) This is the first request to adopt the same zoning district for the entire parcel. There have been no other zoning map amendments or special use permits for this parcel. ZMA2010- 00012, King Property Planning Commission Public Hearing, March 1, 2011 Staff Report Page 2 CONFORMITY WITH THE COMPREHENSIVE PLAN The Comprehensive Plan designates the subject property as Rural Areas, emphasizing the preservation and protection of agricultural, forestal, open space, and natural, historic and scenic resources as land use options. Conservation of natural, scenic, and historic resources is a recognized purpose of the County's Rural Areas. The property is located at the very edge of the Rural Areas and is directly across Rio Road West from the Development Area. Uses around the subject property are industrial in nature and more like those usually found in the Development Area. This property is in the South Fork Rivanna Water Supply Watershed, whose protection is emphasized in the Rural Areas. To address the possibility that industrial uses might have an impact on these water resources, staff requested that the applicant give careful consideration to "proffering out" by -right Light Industrial uses that might have a negative impact on the water supply watershed (See Staff Comments below). The property is within the Albemarle County Service Authority Jurisdictional Area for water only to existing structures. This means that, if a subsequent owner removed the current residence on the property, he /she would lose access to County water. In other words, because County policy is not to extend water service into the Rural Areas, future owners of this property would need to rely on a well if they remove the existing structure or request a jurisdictional area amendment. Since this parcel is surrounded by others zoned Light Industrial and is adjacent to the Development Area, staff believes this is a unique circumstance where a Light Industrial district, while not in compliance with the Comprehensive Plan, can be an appropriate zoning district for the portion of this property that is not already zoned Light Industrial. STAFF COMMENT: Staff normally would not recommend approval of a rezoning to a Light Industrial district for a parcel in the Rural Areas and in the water supply watershed. However, this parcel already has Light Industrial zoning on one portion and is surrounded by five other parcels that have both Light Industrial zoning and industrial uses on them. Including the Light Industrial portion of the subject property, approximately 16 acres are now zoned Light Industrial. Adding another 1.1 acres by rezoning the remaining Rural Areas portion will bring the entire parcel under the same zoning district. Staff is concerned that there is no commitment to limit the industrial uses that might be located on this property to those appropriate for this location in the water supply watershed. PROFFERS Attachment C contains the current proffers, including a letter from the owner describing his choice of uses to proffer out. Wording changes in the proffers are expected prior to the Board of Supervisor's public hearing to address nonsubstantive issues, primarily to put the language into the standard format. To protect the water supply watershed, staff requested that the applicant consider "proffering out" any by -right Light Industrial uses that, if located on the property, might have an impact on the water supply watershed. The applicant has agreed to proffer out only one by -right use: "assembly and fabrication of light aircraft from component parts manufactured off - site." While staff agrees that this use would be inappropriate, the size of the parcel would likely preclude it. (See Attachment D) Staff also notes that the property is served by a septic system. While disposal of hazardous materials is strictly regulated, there may be other materials that, if disposed of in a septic system, might eventually reach the water supply. Staff believes other uses involving wastes incompatible with the water supply watershed would be proffered out. (Attachment E) ZMA2010- 00012, King Property Planning Commission Public Hearing, March 1, 2011 Staff Report Page 3 Staff also notes that, without a proffered plan, several matters will not be addressed until the site plan stage, including, but not limited to: VDOT /County Road Requirements. VDOT will likely require a commercial entrance onto Rio Road West at the time a site plan for an industrial use is submitted to the County. Entrance Corridor. The parcel is located in the Rio Road West Entrance Corridor. Since there is no plan with the rezoning application, staff cannot comment on how well the proposal conforms to the Entrance Corridor Ordinance requirements. Development of the site industrially will require a site plan, and the ARB will comment on the proposal during review of the site plan. SUMMARY: Staff has identified the following factor favorable to this application: 1. The rezoning would address the unique locational circumstances of this parcel by consolidating the zoning into one district that is consistent with the surrounding properties. Staff has identified two factors that are unfavorable to this application: 1. The proffers remove only one potential use from the list of by -right Light Industrial uses, so only the size of the parcel would control which uses might be located there. 2. There is insufficient commitment to protection for the water supply watershed through removal of certain uses that could negatively impact the water supply. RECOMMENDATION Staff does not recommend approval of this rezoning unless commitments are made to limit uses to those appropriate in this location, particularly as they relate to the water supply watershed. PLANNING COMMISSION MOTION: A. Should a Planning Commissioner choose to recommend approval of this zoning map amendment: Move to recommend approval of ZMA 2010 - 00012. B. Should a Planning Commissioner choose to recommend denial of this zoning map amendment: Move to recommend denial of ZMA 2010 - 00012. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENTS Attachment A — Location Map Attachment B — Zoning Map Attachment C — Proffers, dated January 3, 2011 Attachment D — List of By -Right Uses for Light Industrial District Attachment E — Map showing Comprehensive Plan Areas & Water Supply Watershed boundaries Attachment F — Aerial Map of Property ZMA2010- 00012, King Property Planning Commission Public Hearing, March 1, 2011 Staff Report Page 4