HomeMy WebLinkAboutZMA201000012 Review Comment Zoning Map Amendment 2011-01-03County of Albemarle
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Va. 22902 -4596
Attention: Judith C. Wiegand, Senior Planner
January 3, 2011
Dear Judy:
We are submitting this cover letter along with the Proffer Statement as per your request
from the December 3, 2010 letter to us. In reviewing the permitted uses by right, our
hesitancy to proffer out more than what we have proposed centers around the'County's
determination of limits or extremes regarding the by right uses.
More specifically, #17 states that "Warehouse facilities and wholesale businesses not
involving storage of gasoline, kerosene or other volatile materials; dynamite blasting caps
and other explosives; pesticides and poisons; and other such materials which could be
hazardous to life in the event of accident."
Many of the by right LI uses involve some level of fuel and /or chemical products. Where
is the line drawn for volumes /amounts of these products used in the normal course of
business? We feel there may be un- intended consequences by completely eliminating
certain by right uses if smaller operations do not use significant amounts of these
products /solutions.
It appears there are already additional checks and balances in place in the business
approval process that would restrict certain uses based on the types and volumes of
certain materials /chemical products used in the normal course of business. With that
being said, this is why we are reluctant to proffer out additional uses because of the fear
of un- intended consequences.
Stephen C. King
David F. Cooke, II
Original Proffers X
Amendment
PROFFER STATEMENT
ZMA 2010 - 00012, King Property
Tax Map and Parcel Number: 04500- 00- 00 -025AO "(portion)"
Owner(s) of Record: Stephen C. King
Date of Proffer Signature: January 3, 2011.
1.966 acres (split between two zoning districts) to be rezoned from Rural Areas (RA) to Light Industrial (LI).
Stephen C. King , is the owner (the "Owner ") of Tax Map and
Parcel Number 04500- 00- 00 -025AO (the "Property ") which is the subject of rezoning application ZMA No.
2010- 00012, a project known as the "King Property" (the "Project ").
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the
conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified
above. These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the
conditions are reasonable.
1. Assembly and fabrication of light aircraft from component parts manufactured off -site.
2
OWNER
Stephen C. King
- � 9
�'IRGII�ZP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4176
December 3, 2010
David Cooke, II
500 Faulconer Drive
Charlottesville, VA 22903
RE: ZMA 2010 - 00012, King Property
Dear Mr. Cooke:
Staff has reviewed your initial submittal for a zoning map amendment to rezone a portion of TMP
04500- 00- 00 -025AO from Rural Areas to Light Industrial. We have a number of questions and
comments which we believe should be resolved before your application for a rezoning goes to
public hearing. We would be glad to meet with you to discuss these issues. Our comments are
consolidated below.
Planning
Initial comments on how your proposal generally relates to the Comprehensive Plan are provided
in this section. Comments on conformity with the Comprehensive Plan are provided to the
Planning Commission and Board of Supervisors as part of the staff report.
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. This designation does not contemplate industrial
uses. The subject parcel, at 1.966 acres, has one residence on it at this time and this use is
essentially in compliance with the Comprehensive Plan.
Under normal circumstances, staff does not recommend rezoning property in the Rural Areas to
Light Industrial, a district that is expected in the Development Areas. However, in this case two
smaller parcels were combined back in the early 1980s to form the current parcel subject to this
rezoning request, resulting in a larger parcel split between two zoning districts. Further, this parcel
is surrounded by property that is zoned Light Industrial, and some of the current surrounding uses
are industrial. This parcel is also located at the edge of the Rural Areas at the boundary (Rio Road
West) with the Development Areas.
Staff also notes that this parcel is in the South Fork Rivanna Water Supply Watershed. Potential
impacts on the watershed from a change in use and /or construction will need to be very carefully
considered. As noted in the section on "Proffers" below, staff suggests that the applicant proffer
that subsequent development on the parcel would not include any use that might have a negative
impact on the water supply watershed.
ZMA 2010 -0014, King Property, David Cooke, II, December 3, 2010
Current Development
Since a plan was not submitted with this rezoning application, current development staff does not
have any specific comments on the proposal. However, we note that any subsequent change in
use and /or change to the site may trigger provisions of the Zoning and /or Subdivision ordinances.
Entrance Corridor
The parcel falls within the Rio Road West Entrance Corridor. Any work that is subject to a site plan,
site plan amendment, or building permit (including a sign permit) will require a Certificate of
Appropriateness from the ARB. Depending on the type of proposal and the specifics of the design,
the project may qualify for review by Design Planning staff instead of being forwarded to the ARB
for full review.
VDOT
Since no plan was submitted with this application, VDOT has not provided comments. Staff notes
that any change in the use and /or site may trigger VDOT requirements for a commercial entrance
to the property or other requirements. The applicant is advised to consult with VDOT to find out
about potential requirements that might be triggered by a change in use on the property.
Proffers
Staff notes that the uses permitted by right and by special use permit in the County's Zoning
Ordinance include some uses that may require a larger site or that may have greater impacts on
surrounding properties than would be advisable on this site. Staff suggests that the applicant
consider providing a proffer that would restrict the by -right uses to those that can be
accommodated on the site without impacts to neighboring parcels or the water supply watershed.
This may be done by indicating which uses are "proffered out" (would not be permitted) on a copy
of the list of uses for the Light Industrial District from the County's Zoning Ordinance. Staff has
attached a copy of the list to this letter.
If the applicant wishes to proffer that a change will be sought in the Jurisdictional Area, this proffer
might include the timing of the request for
Resubmittal or Public Hearing
Within 30 days of the date of this letter, please do one of the following:
(1) Resubmit in response to these comments on a resubmittal date as published in the
project review schedule (the full resubmittal schedule may be found at
www.albemarle.org in the "forms" section at the Community Development page), OR
(2) Request a public hearing be set with the Planning Commission based on the
information provided with your original submittal (a date will be set in accordance with
the Planning Commission's published schedule as mutually agreed to by you and the
County), OR
(3) Request indefinite deferral and state your justification for requesting the deferral.
(Indefinite deferral means that you intend to resubmit /request a public hearing be set
with the Planning Commission after the 30 day period.)
If we have not received a response from you within 30 days, we will contact you again. At that
time, you will be given 10 days to do one of the following: a) request withdrawal of your
application, b) request deferral of your application to a specific Planning Commission date as
mutually agreed to with staff, or c) request indefinite deferral and state your justification for
ZMA 2010 -0014, King Property, David Cooke, II, December 3, 2010
requesting the deferral. If none of these actions is taken, staff will schedule your application for a
public hearing based on the information provided with your original submittal.
Unless you fail to respond within the time periods specified above, a public hearing with the
Planning Commission will not be advertised until you advise us that the project is ready to proceed
to a public hearing. At that time, a legal advertisement will be run in the newspaper and a staff
report will be prepared to go to the Planning Commission.
Please be advised that, once a public hearing has been advertised, only one deferral prior to the
Planning Commission's public hearing will be allowed during the life of the application. The only
exception to this rule will be extraordinary circumstances, such as a major change in the project
proposal by the applicant or more issues identified by staff that have not previously been brought
to the applicant's attention. As always, an applicant may request deferral at the Planning
Commission meeting.
Please feel free to contact me if you wish to meet or need additional information.
Sincerely,
Judith C. Wiegand
Senior Planner
Attachment: List of Uses Permitted By Right in a Light Industrial District
CC: Stephen C. King
352 Rio Road West
Charlottesville, VA 22901
ZMA 2010 -0014, King Property, David Cooke, II, December 3, 2010 4
27.2 PERMITTED USES
27.2.1 BY RIGHT
Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted by right in the LI
district, subject to the applicable requirements of this chapter: (Amended 2- 13 -85, 5 -5 -10)
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:
(Amended 12 -2 -81; 2- 20 -91)
— 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.
— 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, ammunition 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.
7. Scientific or technical education facilities.
8. Assembly and fabrication of light aircraft from component parts manufactured off -site.
9. Storage yard. (Amended 11- 12 -08)
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 and excluding such
uses as drop hammering and foundry. (Amended 10 -3 -01)
11. 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. (Amended 5- 12 -93)
ZMA 2010 -0014, King Property, David Cooke, II, December 3, 2010
12. 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 (reference 31.2.5);
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 (reference 31.2.5; 5.1.12).
(Amended 11 -1 -89)
13. Temporary construction uses (reference 5.1.18).
14. Business and professional office buildings.
15. Dwellings (reference 5.1.21). (Added 4- 17 -85)
16. Temporary nonresidential mobile homes (reference 5.8). (Added 3 -5 -86)
17. Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other
volatile materials; dynamite blasting caps and other explosives; pesticides and poisons; and other such
materials which could be hazardous to life in the event of accident. (Added 12 -2 -87)
18. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-
9-02)
19. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
20. Farmers' markets that will be conducted outdoors or within a temporary or existing permanent structure
(reference 5.1.47). (Added 5 -5 -10)
(§ 27.2.1, 12- 10 -80, 12 -2 -81, 2- 13 -85, 4- 17 -85, 3 -5 -86, 12 -2 -87, 11 -1 -89, 5- 12 -93; § 18- 27.2.1, Ord. 98-
A(1), 8 -5 -98; Ord. 01- 18(6), 10 -3 -01; Ord. 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04; Ord. 08- 18(6), 11-
12-08; Ord. 10- 18(4), 5 -5 -10)