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HomeMy WebLinkAboutZMA201600009 Project Proposal 2016-09-073rd Submittal — 9/5/2016 WOODNON STORCH REZONING REZONING FROM R-6 TO HCS WITH PROFFERS TMP 112,112E Narrative 1. PROJECT PROPOSAL The applicant proposes to rezone Tax Map Parcels 45-112 and 45-112E consisting of approximately 4.428 acres from R-6 Residential to HCS Commercial. While several third parties have indicated some interest in portions of the property in the past, the lack of appropriate zoning has been a consistent obstacle to sale and development of the property. The owners are not proposing a specific use or site plan in conjunction with this application. 2. CONSISTENCY WITH COMPREHENSIVE PLAN The County has chosen to direct future development in the Development Areas in order to lessen development pressures in the rural areas. Berkmar Drive is central to the Places 29 South commercial development area. Previous versions of the Formatted: Superscript Comprehensive Plan have consistently identified this area for regional service commercial development. The Subject Properties are designated in the Comprehensive Plan for commercial use — office, R&D, flex, light industrial. The property is surrounded on the North, East and South by commercial uses zoned either HC or C-1. Because there is no single zoning district for the uses contemplated by the Comprehensive Plan, the applicant is requesting HCS zoning, as it is most consistent with the Master Plan designation and the znning of vlrrnunding nrnnPrtias_ R-5 RE91MWr1AL ry C-1 COM11ERCIAL 411 HC•HIUMNAY OOA1f.1f RCI.,L Q$ SIIE#Jf:C.T PROPEERT41 TO 93A ;} 85A 110 ti w.an ol.m �an�n: ria orr�..r�pm In —WNW urMnC W.1 1phil—1 —WNW U.0n.--Mc —J M..W.&W.l -Cmxrurtl.l M— U. _InMulbn.l U—caa.oy NWn.orhootlNMV Lias si.n,� OCavnlol✓�'anl urun aouM.ry ®uGA 9uuN.rcf San trusl,n Places 29 South Land Use Designation and current zoning of surrounding properties 3. IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE a. Water & Sewer—The Subject Properties are within the ACSA jurisdictional area for both water and sewer. Based on prior analysis of utilities conducted during the 2008 rezoning effort for these properties, water and sewer capacity are adequate to serve the allowable HCC -4 uses on the property. Water lines are located on Berkmar Drive and along the northern boundary of the Subject Properties. Sewer is currently available on the Kegler's property, just east of the Subject Properties. The property owner to the South of the Subject Properties has purchased and easement on the Kegler's property and plans to extend sewer to rear of his property as part of a commercial development project that has already been reviewed by the County. If the sewer extension is completed, sewer service will be available at the Southeastern corner of the Wood property. } ACSRytlrent • ACSA Sewer M.—I. / 1i ACSA Waterline(<a- RWSAWatetline I S�ooO0J0.�� Sewer Main tlwnersnlp Off' 1 ACSASewatlina 'v Private Sewerline Parcal Bountlary = � r �i 45 ]`54 45 ]BC•... 45-i4 <1186 / / 45-68C2 ,. i;•,� p� O 2112 21 45,89+ /� 87-A i �y 4i16 2110 ; . QNB ��F� -_'"_ 45•-15 ;!®0� „ / 0 2152+ /�yOG .2115 2134 45-166.659/45-82 2'118 6 .1581+ 45-680 a.SP 16A" 4585+ � � F 1ity lD - 0051 01 -.. •� tin F � 4546L'1 2010 '.. Og5 ,-;2115 PSn^ n^ 45-1129 \ '� -' -- 45-34A+0 2101 — - it ID X400 116A1 45-112E' .- . Facility lD 005762 O _ '- 45<112F - 3315 - FacilitY,l 665] 03' / '.�- 45-GeA-- 2680 -/ 077 -4586 i 17755 T Facility lD' 0281.02' / 4.19 3350 Facility ID/ 03]202 �.i F lily lD! Q! ? / / 45-112[, 335 Faci li[R RR 017 1 / 45112D 4546 331Y 45112G'.: X15-13903 4519H 52, Tac-ly ID 257 n / • 45 lti9E �. 002 161 4 -03A ' q' '4ri�l OF9 1410 - 45109' 0 Q 145-111 A } ACSRytlrent • ACSA Sewer M.—I. / 1i ACSA Waterline(<a- RWSAWatetline I S�ooO0J0.�� Sewer Main tlwnersnlp Off' 1 ACSASewatlina 'v Private Sewerline Parcal Bountlary = � r �i b. Traffic- The Subject Properties both have frontage on Berkmar Drive. In addition, TMP 112 has a 40 foot" deeded right of way from the northeastern corner of the property to Rte. 29. Future development on the properties utilizing existing R-6 zoning would generate approximately 239 vehicle trips per day. Under proposed C-1 zoning, without structured parking, we estimate that a total of 50,000 square feet of commercial space can be built assuming an FAR of .25. In 2008, when the property was being rezoned as part of the Berkmar Business Park plan, Fitzgerald Halliday, Inc. projected total traffic generation for the Subject Properties of approximately 740 cars per day. These numbers assumed 46,328 sf of office and 3,520 sf of specialty retail. We believe the actual development of the properties will include much larger flex, warehouse, service and storage areas which generate far less traffic than the 2008 study would suggest. C. ve is currently designated as a parallel service corridor to Rte 29 that will extend from Rio Road to Hollymead Town Center. The existing roadway is 3 lanes in the vicinity of the Subject Properties. While the Places 29 Masterplan calls for a 4 lane road with median, this will not be feasible on TMP 112E without relocation of a preexisting cemetery. We attempted to move this cemetery in 2008 during the last rezoning effort and were not able to identify or contact all potential descendants who would need to approve such relocation. Consequently, eenneetien %vith thus applie,*i^^ Nonetheless, the Applicant will reserve an an area on the Properties within 44 feet of the centerline of the Berkmar Drive right-of-way for dedication to the County for future expansion of Berkmar Drive. We do anticipate that a right turn lane extension may be required on one or both properties as part of a future site plan and these improvements would be located within the 44 foot reserved area. - d. Storm Water Management Facilities- The Subject Properties' storm water currently runs into a regional storm water management basin just south of Kegler's. The pond was constructed in 1987 to accommodate all stormwater runoff from Kegler's, Lowes and the properties behind Keglers. Attachment SK -1 shows modifications to the Kegler's SWM facility that were proposed in connection with the Berkmar Business Park development. It also clearly showed that the pond can accommodate storm water quantities contemplated by intensive commercial development on these properties. The applicant acknowledges that storm water quality measures will still need to be provided on-site or credits will need to be purchased to offset the impacts of development Formatted: Font: Bold, Underline e. Parking— Parking on the subject property will be relegated to the side or rear of buildings in the Primary Development Zone. Setbacks shall be as follows:. Formatted: Font: Bold, Underline Zone. iii. Front — Minimum — As an accessory use: No closer to the right-of-way than any existing or proposed primary structure in the Primary Development Zone. 4. IMPACTS ON ENVIRONMENTAL FEATURES a. Woodlands — The Subject Properties are mostly wooded. Any future development, by right or commercial will result in the loss of most, if not all the existing trees. b. Wetlands/water features — There are no wetlands, streams or other water features on the Subject Properties. c. Wildlife Habitats— Wildlife habitats on the Subject Properties will be effected by future development of the Subject Properties. There are no know endangered species of plants or animals that will be impacted by future development. 5. PROPOSED PROFFERS TO ADDRESS IMPACTS a. HC use limitations — Retail uses will be limited to no more than 25,000 square feet 49y of the total floor area built on the site. This is approximately 25% of the Droiected total floor areal to be built on the two Droperties. Formatted: No underline Formatted Formatted: No underline Formatted: No underline Formatted: Font: Bold Formatted: No underline Comment [FS1]: The problem with percentages is that you either have to apply them to every building or the whole site and, not knowing how many total square feet will be built ifthe project includes multiple phases, there is no way to know when you've hit 25% until the entire project is built out. J. Eating establishments shall be limited to 1,500 square feet or less per establishment. iii. Residential uses shall be secondary and limited to the upper floors of multi -story buildings iv. Existing cemetery will not be expanded.. 4+ .V. Mini -storage will be limited to the Secondary Development Zone or the upper floors of buildings in the Primary Development Zone. b. The following HC uses will be excluded as by right uses on the properties: gift jewelry aR d Graft sheps W -J. Barber/Beauty shops V. G et iii. Laundromats Ili. Farmer's Markets LJeme/:PFailor Salon +civ. Funeral Homes V. Wayside Stand: Vii. Restaurant drive thru windows - X_. Berkmar Right -of -Way -The applicants ares+proffering a reserved area along Berkmar 44 feet from the center line of Berkmar for additional Berkmar right-of- way. This reserved area will be held pending a final determination by the County Small Area Plan and VDOT regarding the need for future Berkmar expansion. The reserved area may be used by Owners to construct decel and turn lanes serving the properties. at thiss time herause ..,o .do_nft believe the r. ea d ran be cmpanded ir, +hi.- a @ due tea iSti....., eteF y ..r, TnAD 1 7C and- hPr-_A1,r., Pett ,r LiViRg er+., just to the Rerrh .,f the g bjeE;t Dr.,r.er+ies; ir of allei.,ir,R Easement for future connector road from Berkmar to Rte 29. The applicants are not proffering an easement for the connector road at this time because the adjoining property owner to the north (John Nunley) is unwilling to cooperate and will not grant any easement on his property, nor is he amenable to a joint entry between his property and the Applicants'. In addition, our understanding is that VDOT is no longer supporting a connector road in this location. Nonetheless, the Owners will attempt to maintain an area 40 feet wide along the northern property boundary free of buildings or other improvements that would preclude a future connection until such time that a final determination can be made regarding the feasibility of such connection. Formatted: Font: 14 pt Formatted: Font: 14 pt -J Formatted: Font color: Text 1 Formatted: Font color: Text 1 Formatted: Font: 14 pt, Font color: Text 1 Formatted: Font: 14 pt Formatted: Font: 14 pt .- Formatted: Indent: Left: 1.5", No bullets or n umbering ATTACHMENTS: 1 Plats of TMP 112 and 112E 2 Context Map from 2006 rezoning application 3 Existing Conditions map from 2006 application 4 2006 Storm Water Management Plan and Analysis 5 Concept4al Plan SP -1 showing Entrance and Building Frontage Zones, Primary and Secondary Development Zones and Reserved Area for future expansion of Berkmar.#e-F -56 Illustrative plans SP -1a and SP -1b showing possible development scenarios based on restrictions shown in the Conceptual Plan 697 Signed Zoning Map Amendment Checklist. `ii/ 4.20 SETBACKS AND STEPBACKS IN CONVENTIONAL COMMERCIAL AND INDUSTRIAL DISTRICTS Setbacks and stephacks shall be provided as follows: a. Conventional commercial districts. The following shall apply within the C-I, CO, and HC districts: Setbacks Front-Minimum 10 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way; for off-street parking or loading spaces, 10 feet from any public street right-of-way Front-Maximum 30 feet from the right-of-way or the exterior edge of the sidewalk lithe sidewalk is outside of the right-of-way,provided that this maximum setback shall not apply to am structure existing on June 3,2015 and to any structure depicted on an approved final site plan that is valid on June 3,2015 as having a front setback greater than 30 feet;none,on any lot, including a corner lot,abutting a principal arterial highway Side and Rear- If the abutting lot is zoned residential,rural areas,or the Monticello Historic district:�t 1 Minimum no portion of any structure,excluding signs.shall be located closer than 50 feet from the district boundary,and(ii l no off-street parking or loading space shall be located closer than 20 feet to the district boundary. lithe abutting lot is zoned commercial or industrial,any primary structure shall be constructed and separated in accordance with the current edition of the Building C'o de Side and Rear- None Maximum Stcpbacks Front Floors above 40 feet or the third story,whichever is less,shall be stepped hack a minimum of 15 feet Side and Rear None I.The maximum front setback shall he increased to the depth necessary to avoid existing utilities,significant existing vegetation,steep slopes,perennial and intermittent streams,stream buffers,public spaces and public plazas shown as such on an approved site plan or subdivision plat,to satisfy a condition of a certificate of appropriateness,and in circumstances where there are multiple buildings on the same lot and prevailing development patterns. 2.The maximum front setback may be increased by special exception to accommodate low impact design,unique parking or circulation plans,or a unique target market design. 3.Any minimum setback may be reduced by special exception. 4.The minimum 15 foot stepback may be reduced by special exception. 5. Notwithstanding section 4.6.3,the tint setbacks in the districts subject to this subsection shall be measured from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way. 6.On any site subject to proffered conditions accepted in conjunction with a zoning map amendment establishing minimum or maximum setbacks or stephacks,the proffered setbacks or stepbacl s shall apply.