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HomeMy WebLinkAboutZMA201600020 Proffers Zoning Map Amendment 2016-12-14 Original Proffers Amendment X PROFFER STATEMENT ZMA No.201600020 Barnes Lumber Proffer Amendment Tax Map and Parcel Number(s): 056A2010007100 and 056A20100071B0 Owner(s)of Record: Crozet New Town Associates Date of Proffer Signature: December 14,2016 18.7 acres to be rezoned from HI,Heavy Industry to HI,Heavy Industry Crozet New Town Associates is the owner(the"Owner")of Tax Map and Parcel Number 056A2010007100 and 056A20100071B0(the"Property")which is the subject of rezoning application ZMA No.201600020,a project known as"Barnes Lumber Proffer Amendment"(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. Use of the property shall be limited to the following uses contained in County Code § 18-26.2(a)as that section is in effect on December 21,2016, a copy of which is attached hereto and incorporated herein as Attachment A: a. Sawmills,temporary or permanent; planing mills; wood yards (reference 5.1.15) b. Wood preserving operations,which is a use permitted under the Manufacturing/Processing/Assembly/Fabrication/Recycling Classification c. Fire, ambulance and rescue squad stations(reference 5.1.09), d. Manufacture of building components, which is a use permitted under the Manufacturing/Processing/Assembly/Fabrication/Recycling Classification e. Warehousing, f. Water, sewer, energy, communications distribution facilities (reference 5.1.12), g. Public uses (reference 5.1.12), h. Laboratories/Research and Development/Experimental Testing, i. Temporary construction headquarters (reference 5.1.18), j. Temporary construction storage yards (reference 5.1.18), k. Industrial offices, 1. Independent offices; within structure existing or vested on or before April 3, 2014. 2. The wood-preserving activity shall not include chemical treatment of"softwoods"as defined by the National Hardwood Lumber Association. 3. Reservation of Right-of-way. The Owner shall reserve for dedication upon demand of Albemarle County the Right-of-way and easements necessary to construct the extension of Library Avenue(Route 867)to Hill Top Street(Route 1041)at Tax Map Parcel 056A2-04-00-000A3. The Owner shall reserve for dedication upon demand of Albemarle County the Right-of-way and easements necessary to 1 construct the extension from The Square (Route 1217) to the extension of Library Avenue mentioned in the previous sentence. By: F46k R. Stoner, IV Title: Managing Member Crozet New Town Associates, LLC ORDINANCE NO. 16-A(11) ZMA 2016-00020 BARNES LUMBER PROFFER AMENDMENT AN ORDINANCE TO AMEND THE PROFFERS APPROVED WITH Z1VIA 1995-00022 FOR TAX MAP AND PARCEL NUMBERS 056A2-01-00-07100 AND 056A2-01-00-071B0 WHEREAS,the application to amend proffers that were approved with ZMA 1995-00022 for Tax Map Parcel Numbers 056A2-01-00-07100 and 056A2-01-00-071B0 is identified as ZMA 2016-00022 Barnes Lumber Proffer Amendment("ZMA 2016-20");and WHEREAS, staff recommends approval of ZMA 2016-20;and WHEREAS,the Planning Commission and the Board of Supervisors held a duly noticed joint public hearing on ZMA 2016-20 on December 21,2016. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle,Virginia,that upon consideration of the staff report prepared for ZMA 2016-20 and its attachments, including the proffers dated December 14,2016,the information presented at the joint public hearing,the material and relevant factors in Virginia Code § 15.2-2284, and for the purposes of public necessity,convenience,general welfare and good zoning practices, the Board hereby approves ZMA 2016-20 with the proffers dated December 14,2016. * * * I, Claudette K.Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County,Virginia,by a vote of five to zero,as recorded below,at a regular meeting held on December 21,2016. / /iA Clerk,Board of County S ,ervisors Aye Nay Mr. Dill Y Ms. Mallek Y Ms. McKeel Y Ms. Palmer Y Mr. Randolph Y Mr. Sheffield Absent Crozet Community Advisory Committee ("CCAC") Resolution on Proposed J. Barnes Lumber Proffer Amendment ZMA 201600020 WHEREAS, Crozet New Town Associates, LLC has submitted an application to amend the current zoning proffers on the former Barnes Lumber site to allow for certain commercial uses including independent offices in existing structures, and laboratories/research and development/experimental testing, and temporary construction uses. WHEREAS, the CCAC understand that this proffer amendment request has been generated in response to a request by a local technology company that would like to relocate to the former Barnes Lumber property. The current zoning proffers do not allow these types of activities, and this proffer amendment would enable these types of activities and therefore allow this company to relocate to Barnes. WHEREAS, the Crozet Master Plan identifies redevelopment of Downtown Crozet including the former Barnes site as a Priority Area for focused improvements in the Crozet Growth Area, and this project includes "Infill/New Business Development in the Downtown Priority Area". WHEREAS, the Crozet Community Advisory Committee ("CCAC") wishes to provide input to the Albemarle County Planning Staff ("Staff") Planning Commission ("PC") and the Board of Supervisors ("BOS") on this matter. BE IT RESOLVED, that the Crozet Community Advisory Committee fully supports the approval of this proffer amendment request and encourages Staff, the Planning Commission, and Board of Supervisors to move forward quickly with approving this project. I, David Stoner, do hereby certify that the foregoing is a true correct copy of the resolution adopted unanimously by the Crozet Community Advisory Committee at a regular meeting held December 14, 2016. CCAC Members present: David Stoner, Chair; Leslie Burns, John Savage, James King, Kostas Alibertis, Mike Kunkel, Kim Guenther, Phil Best, Jon McKeon, Mary Gallo, Dean Eliason. Members absent: Alice Marshall, Beth Bassett, Alice Lucan, Martin Violette, and Ann Mallek BOS liason. IBM David A. Stoner CCAC Chairman CHAPTER 18 ZONING SECTION 26 INDUSTRIAL DISTRICTS - GENERALLY Sections: 26.1 INTENT, WHERE PERMITTED 26.2 PERMITTED PRIMARY AND ACCESSORY USES AND STRUCTURES; PROHIBITED USES AND STRUCTURES 26.3 INDEPENDENT OFFICE AND GENERAL COMMERCIAL USES; ADDITIONAL FACTORS WHEN CONSIDERING SPECIAL USE PERMITS 26.4 STRUCTURE HEIGHT 26.5 MINIMUM YARDS 26.6 SITE DEVELOPMENT AND USE 26.1 INTENT, WHERE PERMITTED Industrial districts are intended to be for the purpose of providing places of employment and strengthening the local economic base in furtherance of the economic development policy of the comprehensive plan. To this end, the following shall be encouraged: (i) the establishment and continuation of industrial uses and their supporting uses in the locations and at the levels of intensity designated for those uses in the comprehensive plan; (ii) the establishment of new industrial uses that are appropriate for the character of the industrial districts; and (iii) the enlargement and expansion of existing industrial uses. Industrial districts are intended to be established in areas having all of the following characteristics: (i) the area is served by public water and sewer facilities; (ii) the area is served by major highway, rail or air service, or secondary roads improved to standards approved by the county; and (iii) the area is clearly demonstrated to be suitable for the intended uses, considering the physical characteristics of the land and the intended uses and their relationship to surrounding development. (§ 26.1,12-10-80; Ord. 13-18(l),4-3-13) 26.2 PERMITTED PRIMARY AND ACCESSORY USES AND STRUCTURES; PROHIBITED USES AND STRUCTURES (Formerly Application, Repealed 4-3-13) Uses and structures within the industrial districts are permitted as follows: a. Primary uses and structures. Primary uses and structures within the industrial districts are permitted by right, by special use permit, and by special exception as provided in the following table, subject to the applicable requirements of this chapter: 18-26-1 Zoning Supplement #91, 6-3-15 PD -IP PD -IP Use LI Hl Cat.1 Cat.2 Man ufacturing/Processing/Assembly/Fabrication/Recycling* BR BR BR BR N SP N SP Asphalt mixing plants. SP BR SP BR Brick manufacturing, distribution. 18-26-1 Zoning Supplement #91, 6-3-15 l,Ilf. u Ll HI PD -IP Cat.1 PD -IP Cat.2 Cement, lime gypsum manufacture or processing. N SP N SP Chemical, plastics manufacture or processing. SP SP SP SP Dry cleaning plants (reference 5.1.49). SP BR SP BR Foundries (reference 5.1.50). N SP N SP Inorganic fertilizer manufacture or processing. N SP N SP Materials recovery facilities, privately owned and operated. SP BR SP BR Organic fertilizer manufacture or processing. SP BR SP BR Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference 5.1.20). SP BR SP BR Petroleum refining, including by-products (reference 5.1.20). N SP N SP Pulp or paper manufacture or processing. N SP N SP Recycling processing center. SP BR SP BR Rendering plants (reference 5.1.53). SP BR SP BR Sawmills, temporary or permanent; planing mills; wood yards (reference 5.1.15). SP BR SP BR Storage/Warehousing/Distribution/Transportation* BR BR BR BR Airports. SP SP SP SP Heavy equipment and heavy vehicle parking and storage yards. SP BR SP BR Heliports (reference 5.1.01). SP SP SP SP Helistops (reference 5.1.01). SP SP SP SP Junk yards (reference 5.1.10). N SP N SP Warehouse facilities where there may be the storage of gasoline, kerosene or other volatile materials, dynamite blasting caps and other explosives, pesticides and poisons, and other materials which may be hazardous to life in the event of accident. SP BR SP BR Wholesale businesses where there may be the storage of gasoline, kerosene or other volatile materials, dynamite blasting caps and other explosives, pesticides and poisons, and other materials which may be hazardous to life in the event of accident. SP BR SP BR Laboratories/Research and Development/Experimental Testing BR BR BR BR Offices** Independent offices; within structure existing or vested on or before April 3, BR BR BR BR 2014. 18-26-2 Zoning Supplement #91, 6-3-15 Use Ll HI PD -1P PD -IP Cat.I Cat.2 Independent offices; within structure not established or not vested until after SP SP SP SP April 3, 2014. Independent offices; within expanded portion of structure where expansion SP SP SP SP not established or not vested until after April 3, 2014. Industrial offices. BR BR BR BR Public Uses, Utilities and Services, and Telecommunications Uses" Energy and communications transmission facilities (reference 5.1.12). SP SP SP SP Fire, ambulance and rescue squad stations (reference 5.1.09). BR BR BR BR Personal wireless service facilities, Tier I (reference 5.1.40). BR BR BR BR Personal wireless service facilities, Tier II (reference 5.1.40). BR BR BR BR Personal wireless service facilities, Tier III (reference 5.1.40). SP SP SP SP Public uses (reference 5.1.12). BR BR BR BR Stormwater management facilities shown on an approved final site plan or BR BR BR BR subdivision plat. Water, sewer, energy, communications distribution facilities (reference BR BR BR BR 5.1.12). Temporary Uses" Temporary construction headquarters (reference 5.1.18). BR BR BR BR Temporary construction storage yards (reference 5.1.18). BR BR BR BR Temporary events sponsored by local nonprofit organizations (reference SP SP SP SP 5.1.27). Temporary nonresidential mobile homes (reference 5.8). BR BR BR BR Commercial Uses" Uses permitted by right or by special use permit in the Commercial (C-1), Commercial Office (CO) and Highway Commercial (HC) districts (collectively, "general commercial uses" as used in section 26.3) not SP SP SP SP otherwise expressly authorized by this section either by right or by special use permit; within structure existing or vested on April 3, 2013. Farmers' markets conducted in a permanent structure established after May SP SP SP SP 5, 2010 (reference 5.1.47). Farmers' markets conducted outdoors or within a temporary or a permanent BR BR BR BR structure existing on May 5, 2010 (reference 5.1.47). Hotels, motels, inns. SP SP SP SP Outdoor storage, display and/or sales serving or associated with a permitted use, other than a residential, agricultural or forestal use, any portion of which SP SP SP SP would be visible from a street within the entrance corridor overlay district to which it is contiguous or from any other street within the entrance corridor 18-26-3 Zoning Supplement #91, 6-3-15 Use LI HI PD -1P PD -IP Cat.I Cat.2 overlay district which is located within five hundred (500) feet; provided that review shall be limited to determining whether the outdoor storage, display and/or sales is consistent with the applicable design guidelines. Subordinate retail sales for any use permitted by right; use does not exceed BR BR BR BR 25% of the gross floor area of the primary industrial use. Subordinate retail sales for any use permitted by right; use exceeds 25% of SE SE SE SE the gross floor area of the primary industrial use. Supporting commercial; use does not exceed 25% of the gross floor area of BR BR BR BR the freestanding building or multiple buildings on an industrial site. Supporting commercial; use exceeds 25% of the gross floor area of the SE SE SE SE freestanding building or multiple buildings on an industrial site. Parking" Parking structures, as part of an occupied structure (reference 4.12, 5.1.41). BR BR BR BR Parking structures, stand alone (reference 4.12, 5.1.41). SP SP SP SP Parking area, stand alone (reference 4.12, 5.1:41). SP SP SP SP Uses Not Served By Public Water or Public Sewer" Uses permitted by right in the Light Industry (LI) or Heavy Industry (HI) districts, not served by public sewer, involving anticipated discharge of SP SP SP SP sewage other than domestic wastes. Uses permitted by right in the Light Industry (LI) or Heavy Industry (HI) districts, not served by public water, involving water consumption exceeding SP SP SP SP four hundred 400 allons per site acre 2er d2Z. Miscellaneous Dwellings and sleeping quarters, on-site (reference 5.1.21). BR BR BR BR Fill areas (reference 5.1.28) BR BR BR BR Waste areas (reference 5.1.28) BR BR BR BR * Applies to all uses within this use classification, as defined, except for those uses expressly identified in unshaded text below that use classification. **Heading is for organizational purposes only and is not a use classification. BR: The use is permitted by right. SP: The use is permitted by special use permit. SE: The use is permitted by special exception. N: The use is not permitted. b. Planned industrial parks and proffered industrial districts approved prior to April 3, 2013. Within the following planned industrial parks and proffered industrial districts, the uses permitted by right, by special use permit, and by special exception shall be as follows: Uses in planned industrial parks. The uses permitted by right and by special use permit in any planned development -industrial park (PD -IP) district approved prior to April 3, 2013, any industrial park approved as a planned development prior to December 10, 1980, 18-26-4 Zoning Supplement #91, 6-3-15 STAFF PERSON: William D. Fritz, AICP PLANNING COMMISSION: December 21, 2016 BOARD OF SUPERVISORS December 21, 2016 ZMA201600020 Barnes Lumber Proffer Amendment PETITION PROJECT: ZMA 201600020 Barnes Lumber Proffer Amendment MAGISTERIAL DISTRICT: White Hall Magisterial District TAX MAP/PARCELS: 056A2010007100, 056A20100071 B0, LOCATION: 5707 Three Notch'd Road, 5755 The Square, and property adjacent and south of CSX Railroad (approximately 1,000 east from the intersection of Crozet Ave. and the railroad track). PROPOSAL: Amend previously approved proffers (ZMA199500022) on approximately 18.7 acres to add laboratories/research and development/experimental testing, independent offices within existing structures, industrial offices and temporary construction uses to the list of permitted uses. The property is zoned HI, Heavy Industry— industrial and commercial uses (no residential use) OVERLAYS: Entrance Corridor (EC), Steep Slopes PROFFERS: Yes COMPREHENSIVE PLAN LAND USE/DENSITY: Mixed Office/Research & Development/Flex and Commercial which allows a mix of employment, retail, service uses with light industrial and residential uses (up to 36 du/acre) as secondary uses and Downtown which allows commercial, employment, office, institutional, office, research and development, and residential uses (up to 36 du/ac) in the Crozet Community. CHARACTER OF THE AREA The property is located just east of downtown Crozet. The site is the location of 5707 Three Notche'd Rod, 5755 The Square. The property is located adjacent and south of Route 240 and the railroad tracks. This property is the former Barnes Lumber yard. Some of the building remain and some have been removed. The slab foundations for the removed buildings remain. The property has a partially abandoned, industrialized character. Downtown Crozet ("The Square") is located to the west. Residential development is located to the south and east. SPECIFICS OF THE PROPOSAL This proposal is to amend the proffers to allow offices and laboratories/research and development/experimental testing. Other uses, temporary construction uses, are proposed to be added to clarify that construction of offices and buildings may occur. APPLICANT'S JUSTIFICATION FOR THE REQUEST Amending the proffers will PLANNING AND ZONING HISTORY The property has been used as a lumber yard since the early 1900s. ZMA 1995000222 was approved on April 3, 1996 and it is these proffers that are proposed to the amended. This rezoning changed the zoning from Cl, Commercial to HI, Heavy Industry. 2 Several boundary line amendment subdivision plats have been approved resulting in the current parcel configuration. A rezoning request, ZMA201000018 Crozet Square and SP201400001 Barnes Lumber Redevelopment have been under review. That proposal is to amend this property, and other properties, to DCD, Downtown Crozet District and allow residential uses without commercial on the first floor. The rezoning currently under review does not impact ZMA201000018 Crozet Square and SP201400001 Barnes Lumber Redevelopment and those requests will be presented at public hearings at a future date. COMPREHENSIVE PLAN Land Use Plan —The land use designation son this property are Mixed Office/Research & Development/Flex and Commercial and Downtown. Mixed Office/Research & Development (R&D)/Flex and Commercial —This designation, which is a subcategory of Downtown, represents a mixture of employment, retail, and service uses. Retail and service uses that would occur in Downtown are expected in this category of use as well as office, research and development (R&D), and flex uses. Examples of office/R&D uses include research and development of computer software, information systems, communication systems, geographic information systems, and multi-media and video technology. Development, construction, and testing of prototypes may be associated with this use. Such a business does not involve the mass manufacture, fabrication, processing, or sale of products. Flex describes businesses that may include several uses such as a manufacturing facility with warehouse space for components and completed products, a showroom for sale of the products, and office space where administrative duties for the business take place. Light industrial uses are secondary. They are expected to have limited impacts on surrounding uses (e.g., noise, vibrations, odors), although a use may have a greater traffic impact due to the number of employees. Residential uses are also secondary uses, up to 36 units per acre in the form of upper story apartments. Open space and institutional uses constitute additional secondary uses. Downtown —This designation is applied to the most intensely developed area in Crozet. It is a mixed use area, which promotes commercial, employment, and office uses and allows up to 36 residential units per acre in the form of multifamily/mixed use buildings. Institutional uses, such as libraries and County offices, as well as limited amounts of office, research, and development (R&D) uses are present in this area. Open Space Plan/Green Infrastructure Map: The only portion of this site shown as greenspace is the area adjacent to the stream in the southeast corner of the property. This area is protected by a stream buffer and this rezoning has no impact on the buffer of the protection it offers. This rezoning is consistent with the greenspace designation in the Comprehsnisve plan. 3 The Neighborhood Model: principle is met, not met, or not applicable and explain why. Pedestrian This is an amendment of previous proffers. No pedestrian Orientation improvements are proposed. It is expected that additional rezoning activity (ZMA201000018 Crozet Square) will be processed on this site. That rezoning is a comprehensive redevelopment of the property. Addressing pedestrian orientation is best done in a comprehensive manner and will be addressed in future rezoning actions. Neighborhood As with pedestrian orientation this is best addressed in future Friendly Streets rezoning actions. and Paths Interconnected A proffer is proposed to reserve Right-of-way for future grid system Streets and incorporating The Square, Library Avenue and Hill Top Street. Transportation Networks Parks and Open None proposed. Space Neighborhood None proposed. The comprehensive redevelopment of the property Centers is the appropriate time to establish centers. Buildings and Building height and location will be regulated by the provisions of the Spaces of Human Zoning Ordinance. No additional proffers are proposed. Scale Relegated The site has parking areas scattered throughout the property. Any Parking use of the site with the proposed HI zoning could make use of exsitng parking areas. Any new parking would have to satisfy the requirements of the Zoning Ordinance including possible review by the Architectural Review Board. Mixture of Uses The rezoning contemplates industrial uses for the site, not a mix of uses. Mixture of No housing is proposed. Housing Types and Affordability Redevelopment This application is to allow for redevelopment and use of existing features on the property. Any significant redevelopment of the site will require a comprehensive rezoning and associated site plans and Entrance Corridor review. Site Planning that Unlike most rezonings where undeveloped property is involved this Respects Terrain site has been substantially modified over approximately 100 years. Any development that occurs on site will take advantage of the existing terrain. Clear Boundaries This property is within the Development Area and does not impact with the Rural any Rural Areas. Areas 4 STAFF COMMENT Relationship between the application and the purpose and intent of the requested zoning district: The following section is an excerpt from the Zoning Ordinance. The intent of the heavy industry (HI) district is to permit industrial and supporting uses having the potential, if unregulated, to cause public nuisances and therefore requiring enhanced performance standards and review for their impacts on surrounding lands and the environment. Structures within the heavy industry (HI) district are encouraged to be constructed to the standards required for industrial structures, regardless of their intended use. This rezoning adds uses previously excluded from the property. By expanding the list of permitted uses this property is able to be used for more HI uses. Staff believes that the proposal meets the intent of the HI district. Public need and justification for the change: This rezoning adds laboratories/research and development/experimental testing, independent offices within existing structures, industrial offices to the list of permitted uses. The uses added may support targeted industries which is a goal of the Comprhensive Plan and the County's Economic Development goals. Impact on Environmental, Cultural, and Historic Resources — This iste has previously been developed. Utilizing exsiting sites for redevelopment alleviates the need to develop new properites and therefore has a reduced impact on the environment. The peroperty is adjacent to a National Resgister of Historic Places and the Crozet Historic District. The use of this site as industrial has been a longstanding pattern of development. Further use of the property should have limited impact on these resources. Anticipated impact on public facilities and services: Streets: Due to the accelerated review schedule for this project no VDOT comments are available. However, verbal conversations with VDOT indicate that he proposed amendments are limited in nature and should not have an impact on streets. Schools — No residential is proposed. Fire and Rescue —The site will be covered by the Crozet Fire/Rescue Station. Issues of hydrant availability can be addressed during the ministerial review of development applications. Utilities —This project is in the water and sewer service jurisdictional area. However, the following concerns are provided by the Albemarle County Service Authority (ACSA): • There are concerns regarding the provision of sewer capacity. An FEB study will begin in Fiscal Year 2015. The applicant has been told that a Rivanna Water & Sewer Authority (RWSA) capacity certification will be required during the final site plan stage. In addition, The ACSA and RWSA are unable to provide waste water 5 capacity certification for a 10 year build out of the project. Capacity cannot be reserved and is on a first come first serve basis at the time of application for service and a pre-pay connection fee does not reserve capacity within the water or wastewater system. Anticipated impact on nearby and surrounding properties: The addition of permitted uses to this property will have no impacts greater than could occur under the existing zoning. Staff opinion is that the proposed new uses are of lesser impact than those currently permitted on site. PROFFERS Attachment B contains the proposed proffers. They maintain the limitations of the previous rezoning on the site, add the following new uses: Laboratories/Research and Development/Experimental Testing, Temporary construction headquarters (reference 5.1.18), Temporary construction storage yards (reference 5.1.18), Industrial offices, Independent offices; within structure existing or vested on or before April 3, 2014. The proffers also provide for interconnectivity of the street system. SUMMARY Staff has identified the following factors, which are favorable to this rezoning request: The rezoning would permit additional use of industrial land for targeted industries. Staff has found the following factors unfavorable to this rezoning: No unfavorable factors have been identified. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of ZMA201600020 Barnes Lumber Proffer Amendment and that the Board of Supervisors adopt the attached Ordinance approving ZMA201600020 Barnes Lumber Proffer Amendment (Attachment D). ATTACHMENT A: Tax Map ATTACHMENT B: Proposed Proffers ATTACHMENT C: Proffers from ZMA 199500022 ATTACHMENT D: Ordinance approving ZMA 201600020 6