HomeMy WebLinkAboutZMA201000009 Action Letter 2011-10-24• r 1 1 _
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
October 19, 2011
Marcia Joseph
481 Clarks Tract
Keswick, VA 22947
RE: ZMA201000009 Republic Capital Amendment
Tax Map 32, Parcel 22
Dear Ms. Joseph:
On October 5, 2011, the Board of Supervisors approved the above referenced proffer amendment in
accordance with the attached proffers dated September 26. Please refer to this document for any future
applications and requests on this property.
Please be advised that although the Albemarle County Board of Supervisors took action on the
project noted above, no uses on the property as approved above may lawfully begin until all
applicable approvals have been received and conditions have been met. This includes:
• compliance with applicable PROFFERS;
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above -noted action, please do not hesitate to contact
Rebecca Ragsdale at 296 -5832.
Sincerely,
00
V. Wayn ilimberg
Director of Planning
Cc: Northside Drive,
P.O. Box 7885
Charlottesville, VA 22906
Email CC: Tex Weaver, Elise Hackett, Rebecca Ragsdale
PROFFER STATEMENT
ZMA No. 2010 - 0009
Tax Map and Parcel Number(s): 03200 -00 -00 -02200
Owner(s) of Record: Northside Drive LLC
Date of Proffer Signature: September 26, 2011
Northside Drive LLC is the owner (the "Owner ") of Tax Map and Parcel Number 03200 -00 -00 -02200 (the
"Property ") -,vhich is the subject of an amended rezoning application ZMA No. 2010 -0009 a project known as
Republic Capital Amendment (the "Project ").
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily amends the
existing proffers as listed below which shall be applied to the Property identified above. These conditions are
proffered as a part of the requested proffer and rezoning amendment and the Owner acknowledges that the
conditions are reasonable.
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. The buildings
which will be constructed will have less than a total of 225,000 square feet until such public
sewer is available.
2. The uses of the Property permitted by right shall be all of those uses allowed by right under
section 28.2.1 of Chapter 18, Zoning, of the Albemarle County Code, as that section is in
effect on October 5,2011, a copy of which is attached hereto and incorporated herein as
Attachment A, except for:
a. Brick Manufacturing (Section 28.2.1(2))
b. Concrete Mixing Plants (Section 28.2.1(3))
c. Manufacturing of Sewage Disposal Systems (Section 28.2.1(9))
d. Manufacturing and Recycling of Tires (Section 28.2.1(10))
e. Petroleum, Gasoline, Natural Gas and Manufactured Gas Storage (Section 28.2.1(14))
f. Sawmills, and Wood Preserving Operations (Section 28.2.1(16))
3. In the way of road improvements, we proffer to limit development of the property to not
exceed the capacity of Northside Drive until such time as the road is improved to
accommodate the additional traffic generated by the added development of this rezoning.
The capacity, of Northside Drive is;that capacity which will accommodate the traffic from
the contiguous properties if fully developed under the existing zoning.
4. The undisturbed buffer area shall be expanded from the required thirty (30) foot width to a
fifty, (50) foot, width along the boundary-line abutting the lots of Airport Acres. Along the
,1 . -
shared boundary line from the southeast corner of the property measuring one thousand
forty (1,040) feet to the west, in addition to the fifty (50) foot undisturbed buffer, a four (4)
foot high berm planted with a double staggered row of four (4) foot to six (6) foot high
evergreen trees and shrubs planted fifteen (15) feet on center will be provided. Building
setback from the boundary line abutting Airport Acres will be seventy -five (75) feet.
The vegetated berm shall be designed with the first site plan for development on Tax Map
32, Parcel 22 within one hundred fifty (150) feet of the boundary with Airport Acres. The
vegetated berm may be installed in phases and shall be completed prior to the issuance of a
Certificate of Occupancy for the first building in that phase.
If the Owner's final site plans do not include a road connection to the future extension of
Lewis and Clark Drive, then the Owner shall reserve a twenty -five (25) foot strip of land
along the Property boundary with Tax Map 32 Parcel 22C5 for dedication upon demand by
the County for the purpose of constructing a road that extends from Northside Drive to the
future extension of Lewis and Clark Drive. The Owner shall dedicate right -of -way within
six (6) months following written notice of demand by the County. Such reservation shall
remain in place through October 5, 2036. The County must accept the dedication within
twelve (12) months following its demand for the dedication. Should this road be removed
from the Albemarle County Comprehensive Plan, said reservation shall become null and
void, and the Owner or Successors shall retain fee simple ownership of the Parcel.
)6zlk
Blake Hurt, President
Northside Drive LLC
ZONING
SECTION 28
HEAVY INDUSTRY - HI
Sections:
28.1 INTENT, WHERE PERMITTED
28.2 PERMITTED USES
28.2.1 BY RIGHT
28.2.2 BY SPECIAL USE PERMIT
28.3 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
28.4 ADDITIONAL REQUIREMENTS
28.1 INTENT, WHERE PERMITTED
HI districts are hereby created and may hereafter be established by amendment to the zoning map
to permit industries and commercial uses which have public nuisance potential and will therefore
be subject to intensive review for locational impact on surrounding land uses and environment.
Uses and lands previously established in industrial general (M -2) and certain industrial limited
(M -1) districts, where in conformity to the comprehensive plan, shall be encouraged to develop as
active centers of employment on individual sites.
It is intended that HI districts may be established in areas having all of the following
characteristics:
-Areas served by a major highway, rail or air service, or secondary road improved to standards
approved by the county;
-Areas either served by public water and sewer or meeting requirements of the local office of the
Virginia Department of Health; and
-Areas having clearly demonstrated suitability for intended uses with regard to physical
characteristics and relationship to surrounding development.
28.2 PERMITTED USES
28.2.1 BY RIGHT
Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted by right in
the HI district: (Ainended 2- 13 -85)
1. Automotive, farm and construction and machinery products assembly.
2. Brick manufacturing, distribution.
3. Concrete mixing plant, storage, distribution.
4. Dry- cleaning plants.
5. Fire and rescue squad stations (reference 5.1.09).
6. Machine shops, tool and die, blacksmithing, boiler shops and similar operations.
18 -28 -1
Zoning Supplement #54,8-5-09
�. ALBEBIARLE COUNTY CODE
7. Manufacture of heavy household, commercial and industrial appliances.
8. Manufacture of building components.
9. Manufacture, distribution, service of individual sewage disposal systems.
10. Manufacture and recycling of tires.
11. Metal fabrication and welding operations.
12. Mobile home manufacturing, distribution.
13. Moving businesses, including storage facilities.
14. Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference 5.1.20).
15. Recreational vehicle and components manufacturing, distribution.
16. Sawmills (reference 5.1.15), planing mills, wood preserving operations, woodyards.
17. Veterinary or dog/cat hospitals, indoor accessoryketmels (reference 5.1.11).
18. Warehouse facilities.
19. Storage yards. (Amended 11-12-08)
20. 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,
ptunping stations and appurtenances owned and operated by the Albemarle County Service
Authority. (Amended 5- 12 -93)
21. 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 31.25); public water and sewer transmission,. main or trunk lilies, treatment
facilities, pumping stations and the like, owned and /or operated by the Rivarma Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11 -1 -89)
22. Temporary construction uses (reference 5.1.18).
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3 -5 -86)
24. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10 -9 -02)
25. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
26. Heavy equipment and heavy vehicle parking and storage yards. (Added l l- 12 -08)
27. Body shops (reference 5.1.31(x) and (b)). (Added 8 -5 -09)
28. Towing and temporary storage of motor vehicles (reference 5.1.32(b)). (Added 8 -5 -09)
(§ 20- 28.2.1, 12- 10 -80; 2- 13 -85; 3 -5 -86; 11 -1 -89; 5- 12 -93; § 18- 28.2.1, Ord. 98 -A(1), 8 -5 -98; Ord. 02-
1.8(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04; Ord. 08.18(6), 11- 12 -08; Ord. 09- 18(7), 8 -5 -09)
18 -28 -2
Zoning Supplement 954, 8 -5.09
ALBEMARLE COUNTY CODE
28.2,2 BY SPECIAL USE PERMIT
The following uses shall be permitted by special use permit in the HI district:
1.
Abattoirs.
2.
Airport, helistop or heliport (reference 5.1.01).
3.
Asphalt mixing plants.
4.
Cement, time gypsum manufacture or processing.
5.
Chemical, plastics manufacture or processing.
6.
Fertilizer manufacture or processing.
7.
Food processing plants such as meat, poultry and fish processing and packing and rendering
plants.
8.
Junk yards, screened (reference 5.1.10).
9.
Kennels for boarding of domestic pets (reference 5.1.11).
10,
Petroleum refining, including by- products (reference 5.1.20).
11.
Pulp, paper manufacture or processing.
12.
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 (reference
5.1.12).
13. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
2- .13 -85)
14. Motorcycle and off-road recreation vehicles sale and service. (Added 10- 15 -86)
15. Supporting commercial uses (reference 9.0). (Added 6- 19 -91)
16. Stand alone parking and parking structures (reference 4.12, 5.1,41). (Added.2 -5 -03)
17. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
(§ 20- 28.2.2, 1.2- 10 -80; 2- 13 -85; 10- 15 -86; 6- 19 -91; § 18- 28.2.2, Ord. 98 -A(1), 8 -5 -98; Ord. 03- 1.8(1), 2 -5-
03; Ord. 04- 18(2), 10- 13 -04; Ord. 08- 18(6), 11- 12 -08)
28.3 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
Minimum area required for establishment of an HI District shall be five (5) acres. There shall be
no mirdmum area requirements for additions to established HI districts, provided the area to be
added adjoins and forms a logical addition to the existing HI district.
28.4 ADDITIONAL REQUIREMENTS
In addition to requirements contained herein, the requirements of section 26.0, industrial districts,
generally, shall apply in all HI districts.
18 -28 -3
Zoning Supplement #54, 8 -5 -09
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
April 5, 2011
Marcia Joseph
481 Clarks Tract
Keswick, VA 22947
RE: ZMA201000009 Republic Capital Amendment
Tax Map Parcel 03200000002200
Dear Ms. Joseph:
The Albemarle County Planning Commission, at its meeting on March 15, 2011, by a vote of 6:0:1
recommended approval of the above -noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
1. An interconnection between Northside Drive and the University of Virginia Foundation property shall
be provided for through commitment to either dedicate right of way along the boundary with the
Foundation property as an extension of a road through the subject property or through reservation of
25' for a road along the shared property line with the Hall's property.
2. There shall be no parking on the south side of the buildings adjacent to Airport Acres.
3. The requested proffer changes will be made regarding a reduced buffer adjacent to Airport Acres as
proposed by the applicant (from 150 to 50 feet with a four -foot high planted berm and a building
setback of 75 feet; additionally, the building height restriction of 30 and 25 feet for any portion of a
structure within 300 feet of Airport Acres will be eliminated).
4. Technical changes shall be made to other proffers.
5. Revise the proffered plan to reflect the amended proffers or remove the proffered the plan.
Please be advised that the Albemarle County Board of Supervisors public hearing will be scheduled in the
near future.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296 -5832.
Sincerely,
Eryn Brennan
Senior Planner
Planning Division
CC: Northside Drive, LLC
P.O. Box 7885
Charlottesville, VA 22906
A4adwo* A
_A
r
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
Atuchment A
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 avu�
J T. P. Horne
D , ctor of Planning & Community Development
JTPH/jcw
CC: Kathy Brittain
CPUBLIC CAPITAL CORPORA'1., JN
108 MM. I sr., SE
SUrM 207
CUARLOT =VILLL', VA. 22901
804-979-5748
Ron Keeler
,unty of Albemarle
,ounty Office Building
McIntire Road
Charlottesville, Va.22901
Airport Business Park
Dear Mr. Keeler:
January 1$, 1988
In conjunction with our request for rezoning of our property at Airport Business Park we would like to make the
fallowing proffers:
In order to provide a tangible incentive for the extension of public sewer to this industrial property, bui ii►
recognition of the lack of same currently, we hereby proffer that prior to the installation of public sewer Elie
uses that will be allowed will be those that do not require public sewer and which can be wrVCEI 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 1 -11 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 properly to not exceed the capacity of
the access road until such time as the road is improved to accommod.LEc 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 coning.
G. 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.
7.1 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- .[oily,
Blake Hurt
President
1ptl
Mr. John Horne
County of Albemarle
County Office Building
McIntire Road
Charlottesville, VA. 22901
Dear Mr. Horne:
I
REPUBLIC CAPITAL CORPORATION
208 Fifth Street SE
CHARLOTTESvIUE, VA. 22901
8"M-5748
r
NOV 251"87
PLAN IMf G DI (SIGN
November 20, 1987
In con]unciion 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.
�`_ ^— �{�r�lC>r �e- incenLiue�foxxhe- ext�nC�,�... ^n �:r�u� -�e• w—.wr W�jji�
--------- ,indt�ial- proper[} - bud. iaxecogaiti .oa..of�slaelt�- saffie- ct}y,_wa heresy- fyr9�'e�
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-------- tl 3at�sat- �aq�e�ttbl iesawar�w) s����erved- by-d�oest�sife�eghic•- freids
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------2:S-,0 ,6qH t- feet --
____`__— — `%+sequuntto-the•-iastaiiation-ef° publics ewcr,-L.austrnctiamwankFbr—ffinittd
-------- o- tar- additi��!2���ct -nr-fari7ath- prc�ixsewrvraxn} past= public ----
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____ � �gcrarestric a�tl types of es c tb-c uperty emszt�rred'
-------- �vy�� -ial: }7r�t�.ses�.bat�l-�t�l[ roved- an- thy- l�PertYwoufz���t�Ztt�
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_ _ —_ �_�asterp�.e�ch- has- beea�ubmitted- a�parEe�f3�is- re�aaieg -a��o�
..� _ �__ �a�hcwayx�ro- ac4- inrprvvcn�cats; wcprvffer- tn- iiarit•deneiogment- af- thtpra
--- �--- �vt•curecdthcrapacitprrF�ss -rand � P�Y'kr
su�timc-as-thc ra2td-isimpravcd�a
_____-- �se�asod .ate - the- adduional- i�a€f`►r gengr- aged- 2�}�.th�.a�ded��,,e
�— ��.3`wit+�- ace�s�- read- is_tha�capar�t3�iuhicl� will- acr,.oa�ssedats -t�-.-
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_- _ -w_ -WL EI
_.-- -- =rU re�af 1�2= 2�ZCi�. m� a.rs.es JrJo]r .e trEe g purpose of
a—m.
7. We will provide twice the screening requirement stated in the ordnance for any
disturbed areas within 100 fect of the Iots in Airport Acres.
--6----- No- purtion- of-thc- bung -mill -bL- 2OO-fect-of-th - of Airpmt A=.
-� ----- �# �w��e- �ra�����t3�tt�brsrtwts- 1�d�trsb�ccra rstr�rcred-im�-rhis
---____. ���se- w���gSr�r�' I�tr�L7[ rta�r "th�part<Itei- t�rlttsure'�9iq:
in. The buffer area adjacent to the Airport Acres subdivision will be graded so as to
maintain the natural topography of that property �;;u� ,tt,o the area required to grade the
bank on a two to one slope to the edge of the �' 1�3&Freadway 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.
- }�____�e- i��el�t��r e�aldings�bs�sasaaahly�asustsa� --
------- �kraesg3}oat-- tl3e�rajeet: �e�ild�g��ild- iaa3rab5 £a�t�y�a�xir�e�san�st��i�
------- Staff for-
------- their emnmen
We hope these proffers adequately address the concerns expressed by the staff, the Planning
Commiccion as well as Mr, Lindstrom and the other Supervisors.
Yours truly,
I i; -4
Blake Hurt
President
REPUBLIC CAPITAL CORPORATION
108 FiFrH Sr., 5E
SUrrE 2177
CHARLOTTESVMLF- VA 22%1
80479-5748
Mr. John Horne
PIanning Department
County of Albemarle
401 McIntire Road
Charlottesville, Va. 22901
Northside Industrial Park
Dear John:
December 2, 1987
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:
i9- -- - --�} Abu{ fer�t�ad�au�st � -tirca�rport-Arres�ulsrlr�ittu- will- ts�g�- ded3a�io
------ �sepert�an�_tsu�.t P'`oPei't]'rttp- t�-thc area- regmrcd�a- grade-the
e rdge_ ol^thc- pa�king.�u - rs�dway- in- suc��-
----- �s�a�BnLigu�pFovidiBgadcgtiat�- stgr�a�ai sage- fa�lities,fe�that�gsti�n -of-
------- th�$rr�perpgr T.h.�p],�t3sg- ads[ �r�iegasd�e- iaug- e��r- n�w+Il- bo-das�in -�
-- �--- n} axm��- i�sr�lat�,- as- fa�asis- faasilaIs�e, ad�esE- r$sidet�tial- saiglal3or- heed -€rte
- - - -- it gla ,.n+3is�an ility a tllo- pr�jae�aad niegs>gali be tat) re$saaab}e-
____..- s$t�sfee[ icon- af�e�3erasia�£ �mis�iaa:- ,gd.�screeniag+,eg���s�i�ma�d
------ ly- Ei,e•�r.-
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 wilding sides facing residential zoned land. Structure
heights shall not exceed ��rfeet except that n2prtion of any structure within app feet
Of the Airport Acres boundary shall exceed-204eet. 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,
r' f
Blake Hurt
President
\Pd