ZMA 05-02 County Fire Station at Airport Road




ZMA 05-02 is a request to rezone approximately 1.16 acres which is a portion of Tax Map 32 Parcel 18 from RA to PDIP and to amend the application plan for the (formerly called) North Fork Research Park for a portion of Tax Map 32 Parcel 6a which is zoned PDIP.




Elaine K. Echols, AICP





January 17, 2006



February 8, 2006



The University of Virginia Foundation



The applicant is requesting this rezoning in order to add 1.16 acres to the University of Virginia Research Park (formerly known as the North Fork) for a fire station and to modify proffers. The amended application plan is included as Attachment A.  Attachment B contains the proposed proffers changes.



The Planning Commission held a public hearing on this request on December 20, 2005 but did not take action because the applicant requested a deferral to modify the proffers in accord with the Commission’s requests.  These requests were for commitments to:


·                     Develop in accord with the plan for the fire station

·                     Provide for interconnections

·                     Define the conditions under which the property will be conveyed to the County

·                     Provide limitations on disturbance of buffers

·                     Provide details on provision of sewage disposal

·                     Make the fire station plan and the proffers consistent

·                     Make sure that the changes related to training for fire and rescue personnel are acceptable to the Fire and Rescue division of the County


The Commission discussed and concluded that it was appropriate for a septic system to be used for the short term rather than requiring connection to public sewer with construction of the fire  \l 2 "SUMMARY"



Proffers and a revised application plan have been submitted.  The proffers address many of the concerns raised by the Commission; however, there are still several clarifications needed which are identified at the end of this section. 


Regarding interconnections, the applicant has proffered to build a public street from Lewis and Clark to TMP 32-18 and connect the driveway for the fire station to the public street at their expense.  The driveway will be within 250 or 300 feet of the northernmost driveway shown on the amended application plan.  The applicant will do this in conjunction with the improvements for the first site plan or subdivision plat along Lewis and Clark in area D.  It will be done before a four-lane section of Lewis and Clark is built which would prohibit left turn movements. 


Regarding conditions under which the property will be conveyed to the County, the applicant has proffered to lease the area for the fire station to the County at no cost until a site plan or subdivision plat is approved for any other parcel in Area D.   At that point, the fire station would be connected to public sewer and only the area needed for the fire station itself would be conveyed.  This area would be approximately 2 acres.  The conditions are acceptable to the County Executive and the Fire and Rescue Division.


Regarding limitations on disturbance of the eastern buffer, the applicant has proffered to disturb the least amount of the buffer possible, as determined by the County Engineer.  The applicant has also proffered to establish and maintain a buffer of screening trees with a minimum caliper of 2.5 inches for the deciduous trees and a height of 5’ at planting for screening trees, after construction of the road.


Regarding details of sewer provision, the applicant has indicated that the Foundation will provide a septic system for temporary use at the site.  When the first site plan or subdivision plat is approved for any use in Area D on the original application plan, public sewer will be extended and the fire station will be connected.


The amended application plan and the proffers now match in terms of the western buffer which is shown as 20 feet. 


Clarifications/additions in the proffers and on the plan include:


1.                  Provision of a reference on the first page of the proffers to the amended application plan so that it is clear that the amended application plan governs the development of the fire station parcel.

2.                  Modification of the proffers to indicate the correct date of the application plan.

3.                  Provision of a complete set of proffers – the Attachment B shows only the changed proffers, which is helpful for review, but will not satisfy public hearing requirements for a complete set of proposed proffers.

4.                  Addition of a note to the amended application plan that the western buffer would disappear when the adjoining property is rezoned to an industrial use.

5.                  Clarification in the proffers of whether the interconnection would be within 250 feet or within 300 feet of the closest cross-over on Lewis and Clark.

6.                  Verification that the training proffered by the UVA Foundation is acceptable to Fire and Rescue division staff.

7.                  Definition of the northern access road in the proffers.


Staff is hopeful that, by the Planning Commission meeting, these items will be resolved.




Since the discussion at the Planning Commission meeting regarding connection to public sewer, staff has received information from the Executive Director of the Albemarle County Service Authority stating their strong objection to approval of use of a septic system for the fire station.   Bill Brent has said that the Camelot sewage treatment plan was expanded by a developer who was the principal property owner in the vicinity and because he paid for the plant, capacity in the plant was reserved for him for 10 years.  Within a few years, the County became concerned that capacity was needed for future development of the Hollymead and Piney Mountain Community.  In order to have capacity for future development, ACSA had to purchase sewer capacity from GE Fanuc, the UVA Foundation (formerly UREF), and Wendell Wood.  The Authority believes that, since they paid for capacity in the system, the County should use the sewer capacity.


Further, Mr. Brent has said that they have been firm in their discussions with other property owners along Airport Road that these properties must be served by public sewer.  The fact that the end of the closest main line is quite distant has caused many prospective buyers to lose interest in these properties, he said.  He wonders if the County will be putting itself in an unfavorable light by making an exception for itself.



Staff recommends that the Commission consider whether Mr. Brent’s comments relative to sewer connection would change their support of temporary use of a septic system.  If the Commission still believes that use of the septic system is appropriate, then proffers related to provision of public sewer and lease arrangements can remain in the proffers.  If the Commission believes that connection to public sewer should be made, then the application plan will need to be changed and proffers will need to be modified.   At a minimum, minor clarifications to proffers and a note added to the plan as indicated above are needed before the rezoning can be approved. 


ATTACHMENT A:        Application Plan prepared by DJG entitled, “Application Plan Amendment to ZMA 95-04 Parcel D Enlargement showing area for County Fire Station 12

ATTACHMENT B:       Proffers dated 1-10-06 from University of Virginia Foundation Research Park at North Fork

Return to February 8 exec summary