The following is the Statement of Justification submitted to the Ashford Planning and Zoning Commission from the applicants. The original can be viewed by:
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Click on the Feb 13, 2023
Click on PZ-23-1-Text Amendment_Article 300-14....
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on the same lot. Buildings in excess of 250,000 SF or taller than 35 feet are also subject to
STATEMENT OF JUSTIFICATION
The applicants, Ashford Realty Trust, LLC and Campanelli Rodolakis LM Acquisition LLC (“Applicants”), are the owners of approximately 112 acres located in Ashford’s northwest corner (I-84 corridor) on or around Ashford Motel Road (the “Property”). The Property is comprised of five parcels,1 all of which are located in the Interstate Interchange Development (“IID”) Zone.2
As set forth herein and in the attached redline text amendment, the Applicant seeks to amend certain provisions of the Zoning Regulations for the Town of Ashford (the “Regulations”) in order to facilitate the development of IID-zoned parcels, including the Property (the “Application”). Section 300-19 of the Regulations states, in relevant part, that:
The purpose of the Interstate Interchange Development Zone is to provide economic opportunity, consistent with the Town’s Plan of Conservation and Development, in the Town by permitting the operation of large-scale businesses, industries, and complementary commercial activities.
Similarly, the Town’s 2015 Plan of Conservation and Development (“POCD”) expressed the vision for the Interstate 84 Interchange Special Planning Area (“SPA”) where the Property is located as providing “needed diversity and surety in Ashford’s tax base while growing economic opportunity by permitting the operation of large-scale industrial businesses, as well as complementary commercial activities compatible with the rural character of the Town.” (POCD, 34). Due to its proximity to the interstate and relatively remote positioning, the Property presents a unique opportunity to attract large commercial and industrial uses while protecting the rural character of the Town and its environmental resources. (POCD, 34).
Although the Interstate 84 Interchange SPA was identified in 2005 for the express purpose of attracting large-scale businesses in an area well-suited to such developments, the IID Zone remains almost entirely undeveloped. (“Large parcels of land in this SPA have been for sale and marketed by a large commercial real estate firm for a number of years without results.” POCD, 34). The Application advances relevant POCD objectives, as well as the stated purpose of the IID Zone, by updating the Regulations to attract desirable commercial and industrial users to IID Zone properties.
The reason for the requested change is to further the Town’s purpose and goal—as stated in both the Regulations and the POCD—to encourage development in the IID Zone in a responsible and thoughtful manner. As explained in detail below, the requested changes are necessary to modernize existing standards that, at present, hinder development in this zone.
1 The parcels are identified by map/block/lot and address (where available) as follows: 9 Ashford Motel Road (01-C-2), Ashford Motel Road (01-A-2.1), Ashford Motel Road (01-C-1), Ashford Motel Road (01-C-3), and Snow Hill Road (01-B-1).
2 Through their principals/affiliate entity, the Applicants are also under contract for the purchase of the Ashford Motel located at 26 Ashford Motel Road.
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The proposed amendments are consistent with and promote the health, safety, and welfare of Ashford residents in accordance with the following POCD Objectives:
Interstate 84 Interchange SPA
Objective 1: Determine the reasons why this area has remained undeveloped and determine how best to attract businesses to this SPA
Despite being designated for industrial uses for nearly a decade, this area remains undeveloped and underutilized. Efforts to develop IID parcels, such as the Property, have been unsuccessful under the existing Regulations. Many of the existing permitted uses in the IID zone—including gas stations, retail, restaurants, and hotels--are retail or service- based businesses. However, as pointed out in the 2015 POCD, the lack of traffic in this area makes “attracting retail and service businesses difficult.” (POCD, 34). At the same time, the area surrounding Exit 72 (i.e., the IID Zone) is “among the few interchanges along Interstate 84” that has not yet been developed. The proximity of the Property—and the entire IID Zone—to Interstate 84 is almost certainly the strongest marketing attribute for this SPA. (POCD, 34).
Thus, it is critical (1) that special permit uses in the IID Zone include those that prioritize interstate proximity and (2) that the applicable development standards actually reflect the needs of such uses. To that end, the proposed amendment seeks to leverage the SPA’s location by adding new industrial uses that prioritize easy highway access and adjusting certain building height/size limitations to align with modern requirements of such users. In particular, the existing building size limitation (250,000 SF) and maximum building height (35 feet) are prohibitive to attracting a number of desirable large-scale industrial users.
For example, new high-tech distribution and inventory systems have driven changes in warehousing practices that demand taller buildings. The efficiency of automation, robotics, material handling sorters and conveyors are all greatly improved with greater “clear height,” which allow companies to store more palletized product vertically and reduce land use overall. The ability to successfully develop IID parcels while preserving substantial existing green space is directly tied to the opportunity for taller buildings as proposed by this amendment.
Objective 2: Secure strong, sustainable commercial and/or industrial development
The proposed amendment supports this POCD objective by implementing changes that are necessary to successfully market IID parcels to desirable companies that will “substantially contribute to the grand list” in furtherance of this objective. (“Recruit businesses that will substantially contribute to the grand list and have the potential for attracting other businesses.” POCD, 35). The amendment broadens the scope of potential users by adding suitable new uses to those currently allowed by special permit in the IID Zone.
Specifically, the amendment contemplates three additional special permit uses, including (1) “Warehousing and industrial facilities;” (2) Research facilities, including research,
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development and testing laboratories or centers; and (3) Distribution Centers (as defined by the amendment). (§ 300-19(C)(10)-(12)). The proposed additional uses are comparable to the existing use categories of “Sale of building equipment, merchandize, material or supply businesses,” “Offices for business, financial, professional, research, or skilled trade services,” and “Manufacturing,” each of which is a permitted use subject to special permit approval in the IID Zone.
The addition of warehousing and distribution center (as defined) as special permit uses in the IID Zone also supports Action Item (c) for Objective 2, which expressly encourages the Town to “consider businesses that benefit from ease of access to Interstate 84.”
Overall, the proposed additional uses are compatible with those currently allowed by special permit, and the special permit process, as well as governing bulk requirements for the zone, ensure that such properties are responsibly developed regardless of use.
Objective 3: Coordinate the compatible development of the SPA.
Action Items (a) and (b) under this Objective seek to ensure that “future development does not negatively impact nearby residential development” and “minimally impact environmentally sensitive areas.” (POCD, 35). The fact that the new proposed uses will require special permit approval makes certain that any future development is the product of detailed site planning efforts. Most importantly, the proposed amendment only allows for larger and/or taller buildings in a development providing at least 30% open/green space on the same lot. Buildings in excess of 250,000 SF or taller than 35 feet are also subject to more significant setbacks, which increase further when the IID parcel is directly adjacent to a residential or agricultural use. There are no nearby residential developments and these significant protections ensure that the Town’s residential areas are not negatively impacted while also protecting and preserving existing natural resources as open space.
Economic Development
Objective 2: Proactively seek economic development that provides needed goods and services; increases the tax base; and provides jobs
As discussed in detail above, the proposed changes promote the Town’s desire to increase and diversify the existing tax base with large-scale commercial/industrial uses. The proposed amendment, which is specifically designed to meet the needs of appropriate users for this area, will communicate that “Ashford is open for business” in furtherance of Action Item (a) to this Objective. (POCD, 28). Recruiting a significant industrial user will necessarily increase the tax base and bring new jobs to the area.
Objective 3: Encourage the reuse and or redevelopment of existing site and structures. Priority should be placed on derelict and vacant sites in areas targeted for development
As noted, the vast majority of the Property—consisting of more than 100 acres in the IID Zone—is vacant despite being specifically designated for industrial development for nearly
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a decade. Accordingly, the proposed changes, which will allow for additional types of uses and are consistent with the intent of the IID overall, strongly support the objective of encouraging investment in “vacant sites in areas targeted for development.” (POCD, 28).
Natural Resource Management
Objective 5: Protect habitat diversity.
The preservation and expansion of open space areas is a strong theme throughout the POCD. (See e.g., POCD, 32-33, 39, 55-61). While the Regulations currently require 10% open/green space for developments in the IID Zone, the proposed amendment significantly expands this commitment in the context of larger and/or taller buildings. Any development proposing a building that is more than 35 feet tall or larger than 250,000 SF will be required to provide 30% open/green space on the same lot as the proposed building. This is a significant commitment to preserving existing green space a mature vegetation in the IID Zone and is an even larger set-aside than what is required for a standard subdivision under the Town Subdivision Regulations (requiring 20% open space). Because IID parcels, including the Property, are proximate to a number of parks, wetlands, and other recreational areas (e.g., Morey Pond) the substantial green space obligation greatly supports Action Item (a) to this Objective, which seeks to “create green corridors by linking open space parcels.”
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