Apr 21, 2015 - Waynesboro, VA

Transcription

CITY OF WAYNESBORO PLANNING COMMISSION
Regular Meeting, Tuesday, April 21, 2015
7:00 pm
Council Chambers, Charles T. Yancey Municipal Building
503 West Main Street

PLANNING
COMMISSIONERS
Constance Paradiso
Chair
Chris Darden
Vice-chair
AGENDA
1. Call to order at 7:00 p.m. Pledge of allegiance.
2. Review and approval of minutes of regular meeting held January 20, 2015.
Terry R. Short, Jr.
Scott Jones
Pete Marks
City Council Rep.
Gregory Bruno
Stewart Hall

FUTURE SCHEDULED
MEETINGS:
Planning Commission
Workshop
Tuesday, May 5, 2015
7:00 pm
City Council
Business Meeting
Monday, May 11, 2015
7:00 pm
Planning Commission
Regular Meeting/
Public Hearing
Tuesday, May 19, 2015
7:00 pm
3. Citizen comment period – limited to 4 minutes per speaker, for issues not listed as
an agenda item.
4. Recess for a closed meeting for the provision of legal advice from the City Attorney.
5. A rezoning request by William John Hall, owner of VM Acquisitions Waynesboro
LLC, to rezone City tax map number 56-2-2, which is currently a parking lot
associated with the Metalcrafters Building at 1010 East Main Street, from H-I (Heavy
Industrial) District to H-B (Highway Business) in Waynesboro, Virginia.
6. The following two requests by NAI Michael Companies for the property, owned by
Augusta County, at 1930 Rosser Avenue, Waynesboro, Virginia, City Tax Map
number 51-12-46.
(1) Rezone a tract of approximately 6.88 acres fronting Rosser Avenue from RS-7
(Single Family Residential) District to H-B (Highway Business) District and the
remaining approximately 6.04 acres from RS-7 (Single Family Residential)
District to PUD (Planned Unit Development),
(2) A conditional use permit to allow buildings within the development to front on
private streets as allowed for under Section 5.2.1.C of the Zoning Ordinance.
7. Staff correspondence and communication.
8. Other Business/Commissioners’ correspondence and communication.
9. Adjournment
Thank you for attending. Citizen comments are invited and welcomed during the meeting’s citizen comment period.
For those with special needs, please contact the Planning Department at 942-6604 for any accommodations required
at least 3 days prior to the meeting you wish to attend. Assistive listening devices available.
The Planning Commission of the City of Waynesboro, Virginia, held a regular meeting on the
20th day of January, 2015, at 7:00 P.M., in Council Chambers, Charles T. Yancey Municipal Building,
503 West Main Street, Waynesboro, Virginia:
PRESENT:
Commission Members
City Planner &
Clerk of the Commission:
Associate Planner:
Terry R. Short Jr., Chair
Pete Marks
Constance Paradiso
Stewart Hall
Chris Darden
Scott Jones
Greg Bruno
Michael D. Barnes, AICP
Weixuan “Sunny” Yang
1.
CALL TO ORDER: Meeting was called to order by Chairman Short who asked Mr. Jones to lead
the pledge of allegiance to the flag.
2.
REVIEW AND APPROVAL OF MINUTES: Minutes of regular meeting held December 16,
2014, were approved with a 6-0 vote, with abstention from Mr. Bruno.
3.
CITIZEN COMMENTS NOT SUBJECT TO A PUBLIC HEARING: None
4.
ELECTION OF PLANNING COMMISSION CHAIR: The Chair announced that this is the
time for annual reorganization and election of officers, and opened the floor for nominations for chair.
Mr. Jones moved the nomination of Constance Paradiso for chair, seconded by Mr. Darden. There being
no other nominations, nominations were closed. Ms. Paradiso was elected chair by a 7-0 vote. Ms.
Paradiso accepted the appointment and opened the floor for nominations for vice chair, whereby Ms.
Paradiso moved the nomination of Mr. Darden for vice chair; seconded by Mr. Short. There being no
other nominations, nominations were closed. Mr. Darden accepted the nomination and was elected vice
chair by a 7-0 vote.
5.
A REZONING REQUEST BY KATHERINE LAUDERMILK, APPLICANT, TO REZONE
PROPERTIES FROM L-I (LIGHT INDUSTRIAL) DISTRICT TO RG-5 (GENERAL RESIDENTIAL)
DISTRICT AT 540 NORTH CHARLOTTE AVENUE, WAYNESBORO, VIRGINA, CITY TAX MAP
NUMBERS 36-1-19-38, 39, 40, 41, 42, & 43: Mr. Barnes introduced the background of the rezoning
request, stating that the reason for the rezoning is to get the property financed. The rezoning will convert the
nonconforming residential use in the L-I District to a by right use in the RG-5 District. He then introduced the
surrounding properties in the neighborhood and the zoning requirements and the proffers agreed to by the
applicant. He stated that Ms. Floyd, the neighboring property owner of 512 North Charlotte Avenue, who has a
garage and deals with automobiles as a hobby, expressed her concern of the zoning district change. Mr. Barnes
explained that the only impact will be a requirement for a Class C buffer between the two different districts
when Ms. Floyd petitions for a change of use from the current residential use to a commercial use. It is agreed
by both the applicant and Ms. Floyd to place a 20-foot wide landscaping easement on the subject property. The
idea is to separate different uses because the property is changing to a different district and the adjoining
property may convert from current residential use to commercial or industrial in the future. It is the rezoning
petitioner’s burden to provide the space for the buffer but the neighbor’s responsibility for building the fence
and the landscaping if they create a commercial or industrial property. He summarized that staff recommends
approval with the proffers.
Mr. Short questioned the authority to require the installation of the buffer on someone else’s property. Mr.
Barnes stated that the buffer requirement would come through the site plan process and the rezoning would
require an easement on the adjacent property to place the buffer in.
Mr. Bruno is confused that the owner of 512 North Charlotte Avenue, Ms. Floyd, can continue the
nonconforming residential use in L-I district while having the ability to use the garage as a by-right commercial
use in the future. Mr. Barnes stated that the conversion of residential use to commercial use by Ms. Floyd is
hypothetical. Ms. Floyd may realize that she needs to rezone the property to residential district when she wants
to sell the house because the bank will not finance the purchase of a property on which they cannot put a house
on if the existing house is burned down by a fire. Also, Ms. Floyd’s property contains five lots. In theory, she
could rezone just the house and keep the garage industrial or use the house as an office.
Mr. Bruno questioned any feedbacks received from the other adjacent property owner. Mr. Barnes stated that he
did talk to the property owner and she understood the issue. He recommended not putting the buffer on that one
because space is limited on the subject property and the potential of this property to be converted to industrial
use is slight.
Mr. Bruno questioned whether to consider rezoning for the properties with houses to the east of the subject
property at the same time because it can be a waste of time to do something like this case in spots. Mr. Barnes
stated that staff did consider that as well. However, as the owner, Ms. Bosserman, is now in assistive living and
needs to do a quick sell of the property, staff is trying to be more expeditious for this case. The City may offer
them the chance to rezone their properties in the future when a comprehensive zoning map update is needed or
they may ask for a rezoning when they have to sell their property.
Mr. Hall asked why a buffer is required at this time since the garage is presently used as a garage not a
commercial business and possibly will never be. Mr. Barnes explained that for this rezoning proffer, it does not
require building the fence or putting in the landscaping but only an easement so that a landscaping buffer can be
put in if Ms. Floyd wants to put a business on her property which requires a site plan process.
Mr. Marks questioned whether the easement would be void if Ms. Floyd chooses to rezone only 2 or 3 of the 5
lots. Mr. Barnes confirmed this.
Ms. Paradiso opened the public hearing and asked Ms. Morris, the representative for the applicant to make some
comments.
Carolyn Morris, 177 Long Range Lane, Staunton, working at Re/Max, stated that she had run into the same
situation before and the house will not be allowed to sell under many of the residential financing condition
because it is zoned industrial and if the house got burned down it cannot be rebuilt. The subject house has been
on the market for over 270 days because of such clause. Ms. Morris has tried to advertise the property for a
church or other commercial uses, but had no success. She stated that Ms. Bosserman, the owner, is now in a
nursing home and Medicare requires her to put her house at the assessed value on the market. As it sells, the
money would pay towards her care and nursing home. There has been interest as a residential use but the
potential buyers walked away when they found they cannot get the financing because of the zoning problem.
Thus, Ms. Morris suggested the applicant get the property rezoned and then it might sell.
Mr. Short questioned whether she had investigated the ability to subdivide the property. He felt it would better
protect the interest of the state (Medicare Program) if only getting the parcels which are occupied rezoned and
reducing the selling price so that the property can be sold more easily.
Ms. Morris stated that she can’t answer the question for Medicare, but she was told that it is required by
Medicare that the property be sold in one piece.
Mr. Marks commented that Medicare would put some restrictions on the property to be divided.
Mr. Hall stated that his wife’s family was going through the same process and Medicare would not allow any
subdivision and they would require the assessed value of all of the property, no matter what is inside the
property, to pay for the care.
Ms. Paradiso closed the public hearing and asked for a motion.
Mr. Short made the motion, seconded by Mr. Bruno, to recommend approval of the rezoning with proffers. The
motion passed by a 7-0 vote.
WHEREAS, upon application of Katherine Laudermilk, applicant, the Waynesboro Planning
Commission finds that the aftermentioned rezoning will meet or exceed all the requirements of state and
local law, and further, that the request is consistent with good planning and zoning practice; is justified
by the public necessity, convenience, and general welfare; and is in accord with the general goals and
objectives of the comprehensive plan of this City;
NOW, THEREFORE, BE IT RESOLVED by the Waynesboro Planning Commission, by a vote of
7-0, that a recommendation be forwarded to City Council that the request of Katherine Laudermilk
applicant, for rezoning from L-I (Light Industrial) District to RG-5 (General Residential) District a 0.43
acre site, owned by Lelia E. Bosserman, located at 540 North Charlotte Avenue, Waynesboro, Virginia,
Tax Map # 36-1-19-38,39,40,41,42,& 43, be approved, in accordance with the application (#14-155),
and the staff report dated January 20, 2015, incorporated herein by reference and made a part hereof,
and further conditioned that the use will be in compliance with the following voluntary proffers for
rezoning:
1. Landscaped Buffer Easement: Whereas Section 98-5.4.5 of the Zoning Ordinance requires a
Class C Buffer (a 20-foot wide vegetated buffer and a 6-foot high fence or wall) between any
L-I zoned and RG-5 zoned properties, and whereas the Adjacent Property (Tax Map 36-1-19
Parcels 44, 45, 46, 47, & 48) may be used as a commercial property in the future, and thus
could be required in the future to provide a Class C Buffer if it were to redevelop, the Owner
proffers to offset potential impacts to the Adjacent Property by creating a 20-foot wide
landscape buffer easement along the entire common boundary between these two properties
for the benefit of the Adjacent Property.
Furthermore, the Owner shall record this 20-foot wide easement prior to the sale of the
Property. The easement shall be from the Owner to the owner of the Adjacent Property.
Finally, if at some point in the future, the Adjacent Property should be rezoned to a similar
residential district or the Subject Property should revert to its previous zoning classification,
any requirements to establish the landscape buffer easement or, if established, maintain the
landscape buffer easement shall be considered null and void.
6.
STAFF CORRESPONDENCE AND COMMUNICATION: Mr. Barnes stated that the Ladd
School rezoning would not be ready until March. He asked for the cancellation of February’s regular
meeting.
7.
OTHER BUSINESS/COMMISSIONERS CORRESPONDENCE AND COMMUNICATION:
Mr. Jones thanked Mr. Short for the great service as a chairman. Mr. Hall and Ms. Paradiso concurred.
Meeting adjourned at 7:34 pm.
____________________________________
Michael D. Barnes, clerk
CITY OF WAYNESBORO, VIRGINIA
REZONING STAFF REPORT
ZMA 15-159
April 21, 2015
SUMMARY SHEET
Applicant:
Address/Legal
Description:
Total Acreage:
Tax Map Number:
Real Estate
Owner of Record:
Current Zoning:
Proposed Zoning:
Comprehensive Plan
Designation:
Attachments:
Flood Plain:
Enterprise Zone:
Action
Requested:
Authorizing
City Code Section(s):
Summary
Recommendations:
William John Hall
Metalcrafters’ parking lot on East Main Street
1.13 acres
56-2-2
VM Acquisitions Waynesboro LLC
3060 North Valley Pike
Harrisonburg, VA 22802
H-I (Heavy Industrial) & E-C (Entrance Corridor)
H-B (Highway Business)
Commercial/ Retail
1. Application
Yes
Yes
Rezone a 1.13 acre site located on East Main Street from H-I (Heavy
Industrial) District to H-B (Highway Business) District.
City Zoning Ordinance Section 7.4.
The City staff recommends approval of this rezoning without
conditions or proffers.
1. Nature of Request
William John Hall, representative of VM Acquisitions Waynesboro LLC, has petitioned to
rezone a 1.13-acre property from H-I (Heavy Industrial) District to H-B (Highway Business)
District. No application plan or proffers have been provided as part of this petition.
This property is currently a vacant parking lot that was originally constructed as part of the
Metalcrafters complex. It is located on East Main Street just to the west of the Metalcrafters
building. The applicant’s intent is to allow a portion of the parking lot to be used for the City’s
farmer’s market; a use that is not permitted within the H-I District. The remainder of the parking
lot will continue to be utilized as a parking lot to serve the remainder of the Metalcrafters
complex. No other uses for the (parking lot) property are under consideration by the applicant at
this time.
It is anticipated that the remainder of the Metalcrafters factory will be rezoned later this year as
the applicant finalizes their plans for the complex. The need to move the farmer’s market this
spring is driving the schedule for this petition.
Staff Report – Metalcrafters Parking Lot ZMA#15-159
1
Background
The City’s farmer’s market is currently located in the Constitution Park Pavilion. With the
upcoming improvements to the park, the farmer’s market may seek to relocate to the subject site.
A farmer’s market is not a permitted use under current H-I (Heavy Industrial) District.
Surrounding Land Use
West: A vacant grass lot owned by Union Baptist Church in the H-B (Highway Business)
District.
North: Vacant lots owned by First Bank & Trust Co to the west of Elkin Avenue and an
abandoned gas station to the east of Elkin Avenue, both of which are in the H-B
(Highway Business) District.
East:
Metalcrafters Complex in the H-I (Heavy Industrial) District
South: A house, which is owned by Union Baptist Church in the RG-5 (General Residential)
District. Across Rockfish Run, there is a housing development owned by Waynesboro
Redevelopment & Housing Authority.
Union
Baptist
Church
Metalcrafters
Factory
Subject
Property
2. Zoning Requirements
The H-I District is established provide sites for activities which involve major transportation
terminals and manufacturing facilities. Heavy Industrial uses generally have a greater impact on
the surrounding area than industries found in an L-I (Light Industrial) District. A farmer’s
market is not allowed in either H-I or L-I District.
The H-B District is established for the development of offices, hotels, retail uses and similar
businesses that rely on close proximity to major transportation routes. Farmer’s markets are a
by-right use in the H-B District. The farmer’s market will be required to go through the site plan
process, if the rezoning is approved. At this time, there do not appear to be any issues with
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redeveloping/updating the parking lot to meet the City’s current landscaping and other
requirements for parking lots.
Zoning Ordinance Section 7.4.9 sets approval considerations for decision-making bodies to
consider for a proposed rezoning. Such considerations include:
A. Consistency with the Comprehensive Plan;
The City’s 2008 Comprehensive Plan Land Use Plan identifies the subject site as
commercial/retail use. The proposed rezoning is consistent with the land use designation.
B. Suitability of the property to support the proposed use;
The subject is paved and used as a parking lot for the Metalcrafters complex. The size
and location of the parking lot is suitable for a farmer’s market. It should be noted that it
is unclear how the farmer’s market may affect the parking needs for the remainder of the
complex.
C. Environmental impacts, such as wetlands, streams, and other surface water features;
floodplain management; karst geology and other groundwater resources; impoundment
failures; steep slopes; and other natural resources;
This property contains no structures. The rear of the property is within the FEMA
floodplain. Any potential structures would have to be built in accordance with the City’s
floodplain regulations.
D. Adequate of existing or proffered public infrastructure, including, but not limited to the
following:
1. Transportation infrastructure
The site is accessed from East Main Street. The proposed farmer’s market is not
expected to generate a significant traffic impact to East Main Street. As a result, no
transportation improvements appear to be required as a result of this rezoning, outside
of whatever Entrance Permit improvements might be required with the site plan.
2. Public water and sewer infrastructure;
Public water and sewer is available at the site. The proposed farmer’s market will
require minimum water and sewer usage. As a result, no water and sewer
improvement will be required.
3. Schools, Public Safety, & Parks and recreation
The proposed use will not generate any adverse impact to the City schools, public
safety, and parks and recreation.
3. Analysis
The subject property is owned by VM Acquisitions Waynesboro LLC, who purchased the former
Virginia Metalcrafters complex in 2013. The City is currently working with the applicant to help
redevelop the entire Metalcrafters site. Potential uses include a production brewery and artisan
craft spaces. In October 2014, the City staff helped apply to the Governor’s Industrial
Revitalization Fund (IRF) for a $600,000 low-interest loan for the complex redevelopment. This
low-interest loan will help the owner renovate the complex. It was announced on March 9th that
the State awarded Metalcrafters the entire $600,000.
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The subject property is only a portion of the larger complex and currently contains a vacant
parking lot. Aside from the farmer’s market, the intention is continue to use this section of the
complex as a parking lot. Staff foresees no conflicts with rezoning only a portion of the overall
complex at this time, especially since it is anticipated that this area will remain primarily as it
exists today – a parking lot.
The site is abutting H-B District. The closest residential use is about 160 feet across a stream
with landscaping buffers. As a result, the proposed use will not generate any adverse impact to
the neighboring properties.
4. Conclusion and Recommendations
Staff has concluded that the use is consistent with the Comprehensive Plan. Therefore, city staff
recommends approval of the application without conditions or proffers.
cc:
William John Hall, Owner
D. James Shaw II, Deputy City Manager
Todd Wood, City Engineer
Joe Honbarrier, Zoning Administrator
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6
CITY OF WAYNESBORO, VIRGINIA
STAFF REPORT
ZMA 14-154 & CUP 15-162
April 21, 2015
SUMMARY SHEET
Applicant:
Address/Legal
Description:
Total Acreage:
Tax Map Number:
Real Estate
Owner of Record:
Current Zoning:
Proposed Zoning:
Comprehensive Plan
Designation:
Attachments:
Flood Plain:
Enterprise Zone:
Action
Requested:
Authorizing
City Code Section(s):
Summary
Recommendations:
NAI Michael Companies
1930 Rosser Avenue
Waynesboro, VA 22980
12.924 Acres
51-12-46
Augusta County
PO Box 590
Verona, VA 24482
RS-7 Single Family Residential
H-B Highway Business & PUD Planned Unit Development
Institutional Use
1.
2.
3.
4.
Applications
Concept Plan
Code of Development for the Planned Unit Development District
Proffers
a. Concept Plan
b. Private Street Exhibit
c. Off-site Traffic Exhibit
No
No
1. Rezone an approximately 6.88 acres fronting Rosser from RS-7 (Traditional
Residential) District to H-B (Highway Business) District and rezone the remaining
approximately 6.04 acres from RS-7 (Traditional Residential) District to PUD
(Planned Unit Development).
2. Approval of a Conditional Use Permit to waive Section 5.2.1.A, which requires lots
to have frontage on a public street, via Section 5.2.1, Subsections C.1 and C.3,
which allows the frontage requirement to be met with a private street for
townhouses and nonresidential uses, respectively.
City Zoning Ordinance Section 7.4 & 7.5
City Zoning Ordinance Section 5.2.1, Subsections C.1 and C.2
Staff recommends approval of the requested rezoning for Tax Map Parcel 51-12-46
from RS-7 (Single Family Residential) District to H-B (Highway Business) and to PUD
(Planned Unit Development), inclusive of the PUD’s associated Code of Development,
as provided in Attachment 3, and the Proffers, as provided in Attachment 4.
Further, Staff recommends approval of the conditional use permit waive the public
street frontage requirements of Section 5.2.1.A for the townhouses, via Section 5.2.1,
Subsections C.1 with the following condition:
1. The Developer shall provide all maintenance agreements and access easements to
the City Attorney for his review and approval and shall further fully executed and
record these agreements and easements prior to the approval of any subdivision
or site plan.
Staff Report – Ladd School ZMA #14-154 and CUP #15-162
1
1. NATURE OF REQUEST
This rezoning and conditional use permit is for a project entitled, Waynesboro Marketplace.
Augusta County, the property owner of the 12.924-acre Ladd Elementary School at 1930 Rosser
Avenue (Tax Map Parcel 51-12-46), has a contract to sell the former school to NAI Michael
Companies (herein referred to as the Developer). As the Applicant, the Developer has filed a
petition (Attachment 1) to rezone approximately 6.88 acres of the site fronting Rosser Avenue
from RS-7 (Single Family Residential) District to H-B (Highway Business) District and to rezone
the remaining approximately 6.04-acre tract from RS-7 (Single Family Residential) District to
PUD (Planned Unit Development). In tandem with the rezoning request, the Developer also
filed a petition (Attachment 1) for a conditional use permit to allow a subdivision that will
create lots within the development that will front on private street as opposed to public street,
as typically is required by the Ordinance.
The Developer’s concept plan (Attachment 2) proposes to redevelop the front half of the
property with commercial uses, including a 33,000 square feet grocery store, 13,463 square
feet restaurants, and 3,455 square feet retail stores. The rear of site will be developed as a
Planned Unit Development (PUD) with 62 townhouses. (Also, included within the PUD is a
12,480 square foot commercial building, which has been included for the purpose of provided
enough area to meet the density requirements for the townhomes.) With the PUD request, the
Developer has provided a Code of Development that describes the PUD and any associated
modifications to the City’s Zoning and Subdivision Ordinance as required under the PUD
regulations in Article 3.2.2 of the Zoning Ordinance (Attachment 3).
The applicant has voluntarily proffered to have interparcel connections to the neighboring
properties, to create homeowners/property owners associations to maintain the site’s common
amenities, buffers, fence, and non-public infrastructure (roads, parking, etc.), and to make a
series of off-site traffic improvements to alleviate its traffic impacts. The specific proffer
language can be found in Attachment 4 along with a series of exhibits that depict the location
and nature of the project’s amenities, buffers, private roads, and off-site traffic improvements.
2. BACKGROUND
The subject property is owned by Augusta County. It was used for years by the County for the
Ladd Elementary School. In 2014, Augusta County relocated the Ladd students and placed the
property on the market for sale. This current sale is contingent on approval of this rezoning and
the conditional use permit as well as various site plan and subdivision approvals. As a result, an
agent of the County will be required to sign the proffers because the County is still the
landowner.
Surrounding Land Use (see vicinity map on the next page)
East: Dixie Bearings Inc. (H-B District) is located to the northeast of the project and fronts
onto Rosser Avenue. Directly behind Dixie Bearing, is an 80-wide strip of RM-F zoned
land that is owned by the Brandon Ladd Apartments. Finally, there is a 5-acre,
undeveloped parcel zoned R-MF (Multifamily Residential) that is adjacent to the
project’s southeastern corner. One of the proposed interparcel road connections will
connect to this parcel.
South: The Brandon Circle Townhouse Development (RG-5 District) is located south of the
Waynesboro Marketplace project.
2
West: Several commercial uses along Windigrove Drive (H-B District) back up to Waynesboro
Marketplace. These include an Exxon Station, which fronts Rosser Avenue, a vacant
parcel, which used to contain the Grey Goose but has been cleared of any buildings, and
finally two hotels, the Holiday Inn Express and the Marriott Residence Inn. Wedged
between these commercial uses and the Waynesboro Marketplace property is a 20-foot
wide right of way that starts off of Rosser Avenue just north of the Exxon Station and
serves a single-family house located behind the Holiday Inn. This right of way is owned
by the Waynesboro Place developers and extends the entire length of the Waynesboro
Marketplace’s southwestern boundary. The other proposed interparcel road
connections will connect in the vicinity of the undeveloped parcel and the rear of the
Exxon Station.
North: Multiple commercial uses are located across from Rosser Avenue in an H-B (Highway
Business) District. These businesses (from south to north) include Kentucky Fried
Chicken, Starbucks, 7-11, Ruby Tuesday, the Animal Health Veterinarian, Stellar One
Bank, Mowen Opticians, and the new Verizon Wireless store.
Wal-Mart
H-B
H-B
H-B
Subject
Property
Brandon
Ladd Apts
R-MF
H-B
R-MF
Brandon Circle
Townhouses
RG-5
3. ZONING ANALYSIS
For a rezoning, Section 7.4.9 and 7.5.9 of the Zoning Ordinance establishes criteria A through E
below for the Planning Commission and City Council to consider when determining whether to
3
approve, approve with modifications, or deny a proposed rezoning. An analysis of this criteria
is provided below to guide these decision-making bodies. (Note: Where not specifically
identified, the following analysis applicable to both the proposed H-B area as well as the PUD
area.)
A. Consistency with the Comprehensive Plan;
The City’s 2008 Comprehensive Plan Land Use Plan designates the property as “Institutional”
primarily because the site was an active school site in 2008. The proposed commercial and
residential uses are not consistent with this Comprehensive Plan designation. However, with
Ladd School’s closure, the current the Comprehensive Plan’s Institutional designation is
probably no longer be applicable.
Furthermore, the Plan designates all of the properties along this stretch of Rosser Avenue as
“Commercial.” The proposed commercial uses in the front half of this project are consistent
with the Commercial designation on these adjacent properties. With respect to the proposed
townhomes, the existing residential neighborhoods of Brandon Ladd and Brandon Circle
Townhomes to the east and south of the project are designated as “High Density Residential.”
The 62 townhouses on the back half of the property translates into a density of 12 dwelling
units per acre. Thus, this portion of the project meshes well with these existing residential
developments. Additionally, the Developer has met several times with the Brandon Circle
Home Owners Association. The Brandon Circle HOA has generally voiced its support for the
proposed townhomes, the adjacent buffer and privacy fence, as well as an orientation of the
townhomes perpendicular to their subdivision.
Next, the Comprehensive Plan designates Rosser Avenue as an Entrance Corridor. The concept
plan shows a series of buildings within 95 feet of the right of way, as is required by the Zoning
Ordinance. In addition, the Developer has agreed to provide a significant amount of vegetation
within the development as well as where it is feasible within the Rosser Avenue median. Taken
together, these improvements will be a welcome aesthetic addition to this important
commercial Entrance Corridor and will help the City maintain its dominance as significant retail
center within the region.
Finally, the City’s Bicycle Plan calls for a multimodal, off road bicycle trail paralleling Rosser
Avenue on the northern side of Rosser. The applicant is proposing to upgrade the existing
signal at the Rosser/ Lucy Lane intersection to provide a crosswalk with a pedestrian activated
signal. This crosswalk will facilitate future pedestrian and bicycle access to this trail.
B. Suitability of the property to support the proposed use;
Since the project is a redevelopment, the property is already relatively flat and has all the
necessary utility infrastructure and most of the necessary road infrastructure to support the
proposal. Thus, the property is suitable to support the proposed uses once the school is
demolished. Further, the property is situated in the middle of the City’s primary retail center
and is well positioned to support the proposed commercial uses.
C. Environmental impacts, such as wetlands, streams, and other surface water features;
floodplain management; karst geology and other groundwater resources; impoundment
failures; steep slopes; and other natural resources;
The site does not contain any wetlands, streams, or other surface water features. It is not
located in the floodplain nor does it have any steep slopes. Stormwater might be the largest
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potential environmental impact to downstream properties, especially with the history of
flooding in the Chatham Neighborhood. However, the site’s development will be required to
meet increasing stringent State and Federal stormwater detention requirements. In addition,
the City recently completed a significant stormwater channel upgrade in this area. Thus,
adverse stormwater impacts are not expected as a result of this project.
D. Adequate of existing or proffered public infrastructure, including, but not limited to the
following;
1. Transportation infrastructure;
Vehicular access
The site will primarily be accessed from Rosser Avenue. The concept plan proposes
three entrances on Rosser Avenue. The main entrance to the site aligns with Lucy Lane
and will include proffered improvements to the stoplight, new turn lanes, and
pedestrian facilities. The other two entrances are smaller entrances that will take
congestion pressure off of the Rosser/ Lucy Intersection by allowing drivers alternative
ingress/ egress options.
Additionally, in Proffer #1, the Developer has agreed to create interparcel connections
to the south and north as shown on the concept plan (See Attachment 4 for the
proffers). These interparcels connections are critical to reducing traffic congestion on
Rosser Avenue because they will pull a percentage of traffic originating in the adjacent
neighborhoods off of Rosser. Reducing congestion on Rosser is a key component to
Waynesboro maintaining itself as a regional retail hub.
The southern connection allows for a possible connection to Windigrove Drive through
the adjacent commercial properties. The northern connection is to a 5-acre,
undeveloped property owned by Ascend 2002 LLC. As this northern property is
developed, it will be possible to extend vehicular and pedestrian connections to Tiffany
Drive and/or Alston Court. The Applicant has expressed concerns about the potential
for significant traffic, especially heavy truck traffic, coming through the Waynesboro
Marketplace from these adjacent properties. The Applicant’s concern is related to the
potential for increased maintenance costs and thus Proffer #1 has a clause allowing for a
truck restriction on this private street. If at any point this street is taken over by the City
as a public street, then this truck restriction could be reassessed. Further, staff will work
with the Applicant during the site plan stage to develop any appropriate traffic calming
measures to reduce impacts to the project’s future residents.
Off-site traffic impacts to transportation infrastructure
The Developer worked with VDOT, the City Engineering Department, and the City’s oncall traffic engineer to conduct a traffic impact study to determine the potential traffic
impacts to the off-site road network that might be associated with the proposed
rezoning. Based on this study, the Developer has proffered to construct the following
list of off-site improvements which will offset potential traffic impacts identified by the
traffic study (See Attachment 4 for the precise proffer language):
a. Construct a right-turn lane serving the northbound approach to the Rosser
Avenue and Lucy Lane intersection;
5
b. Construct a left-turn lane serving the southbound approach of the Rosser
Avenue and Lucy Lane intersection and close the existing median opening on
Rosser, which presently serves the northern-most Ladd School entrance;
c. Re-strip the eastbound approach of Lucy Lane at the Rosser Ave intersection to
allow for through movements;
d. Modify the Rosser Avenue and Lucy Lane traffic signal to address the new lane
configurations;
e. Construct a right-turn lane serving the southernmost partial entrance into the
site and extend this turn lane to the next upstream commercial entrance
(presently Exxon);
f. Close the Rosser Ave median between Lew Dewitt Boulevard and Lucy Lane, with
the exception of a mid-block a left turn lane opposite 7-11’s northern entrance
which will allow northbound Rosser traffic to access the businesses on the
western side of Rosser Avenue; and,
g. Construct a fully operational crosswalks across Rosser Avenue at the Rosser/
Lucy Lane intersection and the site’s entrance.
In general, the Engineering Department has determined that these offsite
improvements are acceptable and will allow Rosser Avenue to function at a high level of
service with minimal congestion. Attachment 4.C provided a graphical dipiction of these
improvements.
2. Public water and sewer infrastructure;
The site is currently served by public water and sewer. The Public Works Department
has indicated that there is sufficient water and sewer capacity in the vicinity to serve
this project.
3. Schools;
Based on an observed ratio of 0.07 students generated per townhouse within the City,
the proposed 62 townhouses would add less than 5 students to the local school system.
Thus, the proposed development will not significantly impact the school capacity.
Additionally, the project’s commercial aspects are expected to general tax revenues far
in excess of the increase monetary demands generated by these new students.
4. Public Safety;
The Police, Fire, and Emergency Services Departments have indicated that the proposed
development will not pose adverse impact to the public safety nor will it place any
undue service demands on these departments. Additional fire suppresion
requirements, i.e. fire hydrants, will be provided through the site plan process.
5. Parks and recreation
A PUD project is required to have a minimum of 20% common area. In the Code of
Development, the proposed PUD meets this 20% requirement by providing a minimum
of 1.21-acre of common area. Within this common area, the Code of Development calls
for a 5-foot wide asphalt walking trail connecting throughout the development and a
6
central focal feature with flowering trees and benches in the largest open space within
the development.
It should be noted that the Coyner’s Spring Park is the closest park to this development.
E. Whether the proposed project:
1. Would facilitate the creation of a convenient, attractive and harmonious community;
As stated above, the proposed vegetation, building locations, sidewalks, and other
improvements are expected to be a positive addition to this commercial corridor (See
the Code of Development and Proffers 2, 3, and 5). Furthermore, the proffered off-site
traffic improvements are expected to improve traffic safety and congestion issues into
the future. Therefore, it is expected that this project will have a positive impact on
Waynesboro’s continued ability to be a leading commercial hub within our region.
With respect to the townhouses within the PUD at the rear of the site, the Developer
has worked with the adjacent Brandon Ladd Home Owners Association. Given the
choice between either a similar use (townhomes) or more commercial uses located
closer to the common property line, the consensus within the Brandon Ladd community
appears to be in favor of new townhomes. Furthermore, the Developer has proffered to
provide an enhanced buffer along the common property line. In addition to a 15-wide,
Class B buffer that is required to by the Ordinance, the Developer has proffered a 6-foot
tall, vinyl privacy fence and additional evergreen trees to be planted at the ends of each
townhouse block. The specific description of this Enhanced Buffer is found on page 3 of
the Code of Development (Attachment 3).
In addition to the open space amenities required by the PUD regulation (and discussed
above), the Code of Development will provide a Class B buffer internal to project and in
between the new commercial uses and the PUD’s townhouses. Further, the developer
is providing sidewalks, street trees, and parking lot screening shrubs along the private
streets within both the H-B and PUD areas of the project. Together, these amenities
and buffers should make the residential portions of the project desirable and
harmonious with the existing adjacent residential and the new commercial uses.
Finally, the Code of Development does slightly revise the typical setbacks and densities
for the townhouses. These changes are primarily to ensure that there will be some
trees and shrubs planted along the front of the townhomes and to allow the overall
density to rise from 10 units per acre to 12 units per acre. This increase in density was
not seen as a detriment, especially with the common space and additional vegetation
that will be provided.
2. Encourage economic development activities that provide desirable employment and enlarge the
tax base;
The project will provide a significant increase in taxable retail square footage and also
represents a significant increase over the previous tax-exempt County school.
3. Adequately addresses historic structures or resources; and
Not applicable. Ladd Elementary is not designated a historic structure.
7
4. Promotes the creation and preservation of affordable housing suitable for meeting the current
and future needs.
The proposed townhouses are intended to be market rate rental or for-sale units. With
that said, townhouses tend to cost less than comparable new single-family dwellings
because they are a more dense type of housing product.
4. CONDITIONAL USE PERMIT ANALYSIS
The Conditional Use Permit allows for a case-by-case review of uses which may be, but are not
always, compatible with neighboring uses. In order to approve the Conditional Use Permit the
Council must find that the proposed use is consistent with good zoning practice and will have
no more adverse effect on the health, safety or comfort of persons living or working in the area
and will be no more detrimental, economically or otherwise, to property or improvements in
the surrounding area than would any use generally permitted in the district. The City Council
may attach conditions to the permit to ensure compatibility.
No Conditional Use Permit shall be approved by the City Council, unless the following findings
are made concerning the application:
A. The proposed use is permitted by provisions of the Zoning Ordinance.
Section 5.2.1 Subsection A of Zoning Ordinance stipulates that “no principal building,
structure or use may be erected or established on any lot which does not abut on a street
constructed to the standards of the City and dedicated as a public street to the City or
the State.” The primary purpose of this regulation is to prevent an unsuspecting buyer
from purchasing a piece of property that they would not have the legal right to access.
Subsection A establishes a typical situation, where through frontage on a public street,
the owner will have legal access to their property.
The regulations in Subsection C goes were establish to create a series of exceptions to
the more typical public street requirement for projects for when a public street is not
desirable or practical for whatever reason. Within Subsection C, Subsections C.1 and C.3
are applicable to the Waynesboro Marketplace project.
In Subsection C.1, the Ordinance provides an exception to the public street requirement
where “multiplexes, townhouses and multifamily buildings with frontage on a private
street may be allowed by Conditional Use Permit.” Thus, this is the applicable section of
the Zoning Ordinance and gives rise to the current Conditional Use Permit request under
consideration. More precisely, the Conditional Use Permit is applicable specifically to
the townhouses in the rear of the site and their ability to get out to Rosser Avenue, the
public street.
In Subsection C.3, the Ordinance provides an exception to the public street frontage
requirement where, “In the case of a nonresidential use, that an easement has been
recorded guaranteeing accessibility unless the application of these requirements to the
proposed use not feasible or undesirable.” Thus, the Developer can subdivide to create
lots within the commercial (H-B) area, so long as an easement is recorded with the
subdivision granting permanent access to all the lots created.
B. The proposed use will be consistent with good zoning practice and will have no more adverse
effect on the health, safety or comfort of persons living or working in the area and will be no
8
more detrimental, economically or otherwise, to property or improvements in the surrounding
area than would any use generally permitted in the district
It is typical for townhouse complexes to have parking lots where each units is
subdivided into individual lots and then these lots are sold off as individual units. These
private parking lots thus become the “private street” and provide the necessary
frontage and access requirements. Under these circumstances, the townhouse’s Home
Owner’s Association (HOA) manages and maintains the private parking lots and other
common area amenities.
In this project, the situation is not as typical because there is a combination of
commercial and residential uses sharing the private infrastructure. However, with that
said, there are numerous mixed use projects around the country where cross
maintenance agreements are put in place to ensure the continued maintenance of
private infrastructure between various parties who may or may not have an equal
familiarity with the process. [It is usually assumed that professional commercial
property owners are savvier and have a deeper understanding of the responsibilities,
costs, and need to maintain private infrastructure than an HOA.]. Furthermore, in the
proposed plan, the maintenance relationship should be fairly straight forward. The
Private Road Exhibit, found within the Code of Development and as Attachment 4.B in
the proffers, shows the HOA having maintenance responsibilities for the streets and
parking lots in the rear of the project whereas the front of the project will be managed
and maintained by the commercial Property Owner’s Association. To ensure that the
private streets are established in a manner that provides for access and future
maintenance, Proffers 2 and 3 establish the necessary HOA and POA. Further, Staff has
recommended a condition that the various HOA and POA maintenance agreements and
easements must reviewed and approved by the City Attorney prior to the approval of
any associated site plan or subdivision plat approvals.
C. That the proposed use is in compliance with or conditionally-approved subject to applicable
State licensing requirements and all Federal, State and local regulations; and
The proposed private streets appear to be in compliance with all applicable laws and
regulations.
D. That the proposal as submitted, or modified, is in conformance with the Comprehensive Plan
and the specific elements of such plan, and to official policies adopted in relation thereto,
including the purposes of this Chapter.
As stated above, the project does not meet the 2008 Comprehensive Plan’s
“Institutional” land use designation. However, this designation now out of date with the
County’s decision to abandon the school and sell the property. As also stated above,
the proposed commercial uses along Rosser and the townhouses along the rear matches
well with the Comprehensive Plan’s land use designation on the immediately adjacent
properties
5. RECOMMENDATIONS
Staff recommends approval of the requested rezoning for Tax Map Parcel 51-12-46 from RS-7
(Single Family Residential) District to H-B (Highway Business) and to PUD (Planned Unit
Development), inclusive of the PUD’s associated Code of Development, as provided in
Attachment 3, and the Proffers, as provided in Attachment 4.
9
Further, Staff recommends approval of the conditional use permit waive the public street
frontage requirements of Section 5.2.1.A for the townhouses, via Section 5.2.1, Subsections C.1
with the following condition:
1. The Developer shall provide all maintenance agreements and access easements to the
City Attorney for his review and approval and shall further fully executed and record
these agreements and easements prior to the approval of any subdivision or site plan.
cc:
Brian Goldsmith, NAI Michael Companies
Seth Rodrick, Project Engineer
Patrick J. Coffield, Augusta County Executive
D. James Shaw II, Deputy City Manager
Todd Wood, City Engineer
Joe Honbarrier, Zoning Administrator
10
ATTACHMENT 1
11
ATTACHMENT 1
12
ATTACHMENT 1
13
ATTACHMENT 1
14
ATTACHMENT 2
15
ATTACHMENT 3
16
ATTACHMENT 3
17
ATTACHMENT 3
18
ATTACHMENT 3
19
ATTACHMENT 3
20
ATTACHMENT 3
21
ATTACHMENT 4
Proffer Statement for the
Waynesboro Marketplace Rezoning
(a.k.a. Ladd School Rezoning)
Owner(s) of Record: Augusta County, Virginia
Applicant:
NAI Michael Companies (Brian Goldstein)
Rezoning Application Number: ZMA 14-154
Date of Approval:
(Date of Second City Council Meeting)
Tax Map and Parcel Number(s): 51-12-46
Area to be rezoned:
Total 12.9+/- acres (6.84+/- to H-B & 6.04+/- to PUD)
Augusta County Virginia, hereby referred to as the “Owner,” requests that Tax Map and
Parcel Number 55-12-102B, hereby referred to as the “Property,” be rezoned from RS-7
(Single Family Residential) to H-B (Highway Business) and PUD (Planned Unit
Development) for a project known as “Waynesboro Marketplace,” hereby referred to as
the “Project”.
Further, pursuant to Section 15.2-2298 of the Code of Virginia (1950) as amended and
to Section 7.4.10 of the City of Waynesboro Zoning Ordinance, the Owner, their
successors and assigns, hereby voluntarily proffers the conditions listed below which
shall be applied to the Property if it is rezoned to the zoning districts identified above.
These conditions are proffered as a part of the requested rezoning and the Owner
acknowledges that the conditions are reasonable.
2. Inter-parcel Connections: Road connectivity preservation areas, measuring 40’ in
width and running between the terminus of the Project’s private streets to the
adjoining parcels, shall be preserved in the general locations noted on the Concept
Plan (Attachment A) to allow for future permanent access and maintenance
easements providing connectivity to adjoining parcels located to both the north and
the south.
Additionally, temporary grading easements shall be granted to
connecting parcel developers at time of construction, as reasonable and necessary
for connecting roadway construction. Dedication of permanent access/maintenance
and temporary construction easements shall be at no cost to the adjacent property
owner and/ or the City, and shall be completed within a timely manner upon
submittal of written request and approved construction drawings for connecting
roadways. Owner/Developer is not responsible for any costs associated with the
construction of connecting roadways or plat preparation associated with easement
dedication. Permanent easements dedicated for northern connectivity shall be
restricted from heavy vehicular (truck) traffic usage.
3. Homeowners Association (HOA):
For the residential units, a homeowners
association will be established to be responsible for the maintenance and repair of
all common amenities, buffers, fence, and non-public infrastructure (roads, parking,
etc.) within the PUD. The Owner reserves the right to exclude any of the PUD’s
commercial properties from the HOA and include these commercial properties within
22
ATTACHMENT 4
the Property Owners Association described within the next proffer. Further, the
Owner shall clearly demarcate the boundary between HOA and POA maintenance
and repair responsibility areas on all subsequent plats and site plans.
4. Property Owners Association (POA): A property owners association will be
established for all non-residential uses within this development, to be responsible for
the maintenance and repair of all common amenities, buffers, and non-public
infrastructure (roads, parking, etc.).
5. Installation of PUD’s Buffers and Common Area Amenities: An Enhanced Buffer,
Class B Buffer, and Common Area Amenities shall be provided as described in the
PUD’s Code of Development and located as generally depicted on the PUD Concept
Plan.
These features shall be installed as follows:
a. The vinyl fence shall be installed during the first phase of property
development, following the grading of the area where the fence shall be
located.
b. The vegetation associated with the Enhanced Buffer shall be installed in
conjunction with the construction of residential units adjacent to the
Enhanced Buffer.
c. Focal point feature described in the Code of Development shall be
installed within six months of 50% occupancy of PUD residential units, as
to allow for HOA input on design.
d. The asphalt walkways and Class B screening shall be installed prior to the
issuance of any residential certificate of occupancy within the PUD.
6. Construction of Private Roads and associated improvements: Privately owned and
maintained roadways will serve the development in the general alignments depicted
in the Private Road Exhibit (Attachment B). Private Roads and associated
improvements within both the PUD and H-B Districts shall be constructed to the
street standards established in the PUD’s Code of Development.
7. Off-Site Traffic Improvements: Prior to the issuance of any certificate of occupancy,
the following off-site traffic improvements, as generally depicted on the Off-Site
Traffic Improvement Exhibit, Attachment C, shall be completed and accepted by the
City Engineer:
a. a right-turn lane serving the northbound approach of the Rosser Ave &
Lucy Lane intersection, with 100’ storage and 100’ taper lengths
b. a left-turn lane serving the southbound approach of the Rosser Ave &
Lucy Lane intersection, with storage extending to existing taper, and
closure of the median opening which presently serves the northern-most
Ladd School entrance,
23
ATTACHMENT 4
c. re-striping of the eastbound approach of Lucy Lane at the Rosser Ave
intersection, to allow for through movements
d. modifications to the Rosser Ave & Lucy Lane intersection traffic signal to
allow for added movements and lane configurations
e. a right-turn lane serving the southernmost partial entrance, extending to
the next upstream commercial entrance (presently Exxon)
f. full closure of the Rosser Ave median between existing southbound leftturn lane at Lew Dewitt Boulevard and existing northbound left-turn lane at
Lucy Lane, as depicted in Attachment C; to include a left turn lane serving
northbound Rosser with 100’ storage and 100’ taper opposite 7-11’s
northern entrance, and reasonable landscaping where appropriate (to be
determined at time of site plan submittal/approval)
g. crosswalks shall be provided running from the southeastern to
northeastern quadrants and from the northeastern to the northwestern
quadrants of the Rosser Avenue/ Lucy Lane intersection and these
crosswalks shall include pedestrian signals, conduit for pedestrian signals,
crosswalk striping, handicap accessible curb ramps, and relocated bullet
nose of median. Pedestrian signals shall be provided to the City in
functioning order, but shall remain non-operating until work has been
inspected and associated bond has been released.
_______________________________
Printed Name of Person Authorized
to sign for the Owner
_______________________
Title
_______________________________
Signature Name of Person Authorized
to sign for the Owner
_______________________
Date
24
ATTACHMENT 4 - A
25
ATTACHMENT 4 - B
26
ATTACHMENT 4 - C
27

Apr 21, 2015 - Waynesboro, VA

Transcription

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