HomeMy WebLinkAboutCCP201800004 Staff Report 2018-10-16COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: CCP2018-04 Rivers' Edge
Staff: Rachel Falkenstein, Principal Planner
Planning Commission Work Session:
Board of Supervisors Public Hearing:
October 16, 2018
N/A
Owners: Incheon Holdings LLC, Rivers Edge
Applicant: Shimp Engineering
Holding LLC, Rivers Edge Associates LLC
TMP: 032000000005A0, 032000000005A1;
Acreage: approximately 37.74 acres
0320000000221<1
Location: 2256 Rivers Edge Lane
Zoning District: RA, Rural Areas
Magisterial District: Rivanna
Proposal: Work session to obtain direction and
Comp. Plan Designation: Urban Density Residential —
interpretation of the Places29 Master Plan for the
residential (6.01 — 34 units/ acre) with supporting uses
proposed development of the parcels for
such as religious institutions, schools, commercial, office
residential (145 units proposed) and
and service uses; Neighborhood Density Residential —
commercial/office uses.
residential (3 — 6 units/acre) with supporting uses such as
religious institutions, schools and other small-scale non-
residential uses; and Privately Owned Open
Space/Environmental Features — privately owned
recreational amenities and open space; floodplains, steep
slopes, wetlands, and other environmental features.
DA (Development Area): Places29-North
Use of Surrounding Properties: NGIC and other
commercial uses to the north, future North Pointe
development to the south, UVA Research Park property to
the west (across Rt 29), Rural Areas to the east.
RECOMMENDATION:
Question 1: Staff is of the opinion that transferring the density from TMP 32-22K1 to TMP 32-5A is not
appropriate.
Question 2: Staff does not believe that NMD is an appropriate zoning district for the proposed development
and recommends that the development of the property as proposed be considered with separate rezoning
applications.
Question 3: Staff agrees that the listed commercial uses could be appropriate on TMP 32-22K1 as secondary
uses, with the appropriate design and scale.
Question 4: Staff recommends that more accurate GIS-data should be used to calculate the net density of the
site.
CCP2018-04 Rivers' Edge
STAFF PERSON: Rachel Falkenstein
PLANNING COMMISSION WORK SESSION: October 16, 2018
Background and Purpose of the Review
The pre -application process is for proposed development projects, typically a Zoning Map Amendment or
Special Use Permit. The purpose of the process is to gather input from the Planning Commission on the
proposed project's consistency with the Comprehensive Plan, the appropriateness of the proposed use
and/or to determine other major issues with the project that need to be addressed. The action of the
Planning Commission is non -binding but is meant to help an applicant know whether a project is worth
pursuing further. This pre -application work session is for a potential rezoning proposal. Specifics about
the property and proposal are provided below.
Characteristics of the Site & Area
The property consists of three parcels located in the Places29-North Development area on the east side
of Route 29 (Attachment A). Two of the parcels (TMP32-5A1 and 32-5A) are bounded on three sides by
the North Fork Rivanna River and a tributary stream called Flat Branch. There are 13 existing dwelling
units on these parcels; seven are single family detached units and six are duplexes. These parcels have
an existing entrance off of Route 29 and a shared driveway to access the residences.
The third parcel (TMP 32-22K1) is south of Flat Branch. This parcel is currently vacant and mostly
wooded. Future access to this site will be provided through the development of North Pointe, directly
south of the parcel.
All three parcels are currently zoned RA Rural Areas. The property contains critical resources including
areas of Flood Hazard Overlay, Preserved Steep Slopes, and Water Protection Ordinance (WPO) buffers
(Attachment B). The Places29 Master Plan designates TMPs 32-5A and 32-5A1 as Neighborhood
Density Residential and TMP 32-221<1 as Urban Density Residential. All three parcels also have land
designated Privately Owned Open Space/Environmental Features (Attachment C).
Specifics of the Proposal
The applicant is considering an Neighborhood Model District (NMD) zoning to allow for commercial/office
uses on TMP 32-221<1 and multi -family residential on TMPs 32-5A and 32-5A1. The CCP application
materials show an approximately 30,000 square foot office building on TMP 32-221<1 and 5 multi -family
residential units for a total of 145 studio and one -bedroom apartments on TMP 325A1 (Attachment D).
Access for TMP 32-5A1 is proposed through TMP 32-5A.
The applicant has included three questions with his application materials for the Planning Commission to
consider for the proposal. Staff has added a fourth question for the Commission's consideration. The
questions are listed below, followed by staff's interpretation of the Master Plan recommendations for each
question.
Q1 (from the applicant) Would applying the density from an area designated urban density to an
area designated residential density be found in compliance with the Comprehensive Plan if the
plan were to be rezoned and developed as a master planned development.
Staffs revised question: Can density from TMP 32-22K1 (Urban Density Residential) be applied to
TMP32-5A1 (Neighborhood Density Residential), considering the separation caused by the river
and other environmental resources.
The Places29 Master Plan recommends a density of 6-34 units per acre for land designated as Urban
Density Residential (orange color on map below) and 3-6 units per acre for land designated as
Neighborhood Density Residential (yellow). The applicant is proposing to apply density from TMP 32-
22K1, which is designated as Urban Density Residential to TMP 32-5A1, which is designated as
Neighborhood Density residential.
CCP2018-04 Rivers' Edge
Staff is of the opinion that the proposed transfer of
density is not appropriate. TMP 32-22K1 and TMP
32-5A are separated by a river and tributary stream,
stream buffers, preserved slopes, and a wide area of
floodplain. The constraints created by these
environmental features would preclude development
on these parcels from being able to establish shared
amenities, infrastructure, and interconnectivity,
beyond a possible pedestrian connection between
the two pieces.
In addition, TMP32-5A1 is mostly surrounded by the
North Fork Rivanna River and a tributary stream.
This limits opportunities to provide additional
emergency access points. Allowing higher densities
would increase the number of dwellings, which may
be impact in a emergency situation. Due to the
physical separation, the distance between the properties, the inability to establish a relationship through
shared facilities, and the inability to establish a second connection for emergency access, transferring
density does not seem appropriate.
Q2 If the property were to be rezoned to Neighborhood Model District, would pedestrian
connections connecting the portion of development adjacent to Rt 29 (TMP32-22K1) and the
portion of the development further northeast (TMP 32-5A and 32-5A1) sufficiently satisfy
connectivity and neighborhood model principles as identified in the Comprehensive Plan?
Staff's revised question: Would Neighborhood Model District (NMD) be an appropriate zoning
district for the proposed development or should the applicant seek separate zoning designations
for the proposed commercial and residential pieces?
The applicant has suggested NMD zoning for the three parcels and asks if pedestrian connectivity
between the two would suffice as an interconnection. Staff has rephrased the question to ask if NMD
would be the appropriate zoning or if the two pieces should be considered separately.
As mentioned above, the commercial and residential portions of the proposed development are physically
separated by protected environmental features with nearly a quarter mile of constrained land between the
two pieces. According to the Zoning Ordinance, "The NMD is intended to provide for compact, mixed use
developments with an urban scale, massing, density, and an infrastructure configuration that integrates
diversified uses within close proximity to each other," (Section 20A.1). The commercial and residential
pieces of the proposed development are neither integrated nor compact. Beyond a possible pedestrian
trial, the commercial and residential components of this proposal do not appear to have any relationship
to one another or shared features. For these reasons, staff recommends that these two properties be
considered with separate rezoning applications.
Likewise, any development on TMP 32-22K1 is more likely to relate to the property to the south, which is
the proposed North Pointe development. Due to the location of the stream and floodplain, the future
access for TMP 32-221<1 is through North Pointe. Because the two future developments would be in close
proximity and have a shared road network, the design and development of TMP32-22K1 should be
compatible with and relate to the adjacent North Pointe development.
CCP2018-04 Rivers' Edge
Q3 Would neighborhood scale commercial use (i.e. veterinarian office, barber shop, yoga studio,
etc.) in an area designated as urban density residential (specifically TMP 32-22K1) be found in
compliance with the Comprehensive Plan?
The Places29 Master Plan recommends neighborhood retail/commercial service as secondary uses in
Urban Density Residential. For reference, Places29 Master Plan defines secondary uses for Urban
Density Residential as follows (P. 4-5):
Secondary uses: retail, commercial, and office uses that support the neighborhood, live/work
units, open space, and institutional uses. Retail, commercial, office, and institutional uses are
encouraged to locate in Centers so they are accessible to residents throughout the surrounding
area, and so they benefit from co -location with other neighborhood -serving businesses. However,
they may be located by exception in areas around Centers designated Urban Density Residential
provided they are compatible with surrounding uses.
This area is not recommended/designated as a Center location on the Land Use Plan.
Staff agrees that the uses described by the applicant, with the proper scale, are consistent with the
secondary uses recommended by the Master Plan. Uses for this site should not consist of
highway/regional scale commercial uses.
Staff also agrees that these secondary uses could be appropriate on TMP 32-22K1, especially given its
proximity to the residential portions of North Pointe. The proposed development could supplement the
adjacent residential uses by providing neighborhood serving commercial uses. With the design of the site,
staff would recommend the applicant consider the Neighborhood Model principles of pedestrian
orientation, relegated parking, and buildings and spaces of human scale.
Q4 (Additional question from staff) What land should be available for development and calculating
potential density? Is strict adherence to the area shown on the Master Plan as Open Space
required or should the area available for development be calculated using more recent mapping
technology that better depicts the environmental features (stream buffer, preserved slopes)?
When the Master Plan was adopted, the designation of Privately Owned Open Space/Environmental
Features was intended to capture open space owned by HOAs or other private entities and environmental
features such as floodplains, steep slopes, wetlands and other areas of environmental constraints where
construction of buildings is discouraged. Since the Master Plan was adopted, the County has adopted the
Steep Slopes Overlay district which designating preserved and managed slopes. Since that time staff has
also completed more detailed and accurate mapping of the streams and their buffers. See graphics below
for a comparison between the Master Plan and current GIS data.
CCP2018-04 Rivers' Edge
Current GIS data: Water Protection Buffer
(red), Floodplain (blue), and Preserved
Slopes (green)
Places29 Master Plan: Privately Owned
Open Space/Environmental Features
(green)
As the side by side exhibits demonstrate, there are several environmental features including preserved
slopes and stream buffers that were not designated as Privately Owned Open Space/Environmental
Features at the time of the Places29 Master Plan adoption. With a previous rezoning proposal in Crozet,
the Planning Commission determined that the current GIS data should be used in calculating the
available density for a property (see Attachment E for PC Minutes). Staff would like to confirm that the
same approach should be used to calculate density for these properties.
While staff is in agreement that the GIS should be used to calculate the net density of the site, it is
important to note that there is a significant difference between potential buildout of the properties when
comparing the two methods. When calculating density for TMP 32-5A and 32-5A1 using the Places29
boundaries, the site could accommodate approximately 88 units (assuming no transferring of density from
TMP 32-22K1). When calculating density using the GIS data, the maximum buildout of the two parcels is
approximately 55 units, for a difference of 33 units between the two methods.
While this may be an appropriate adjustment, considering the significant environmental constraints on the
site, it should be balanced against other goals of the Comprehensive Plan, including affordable housing
and Rural Area protection. Limiting the density on the site could result in fewer but more expensive units.
Similarly, limiting Development Area density could accelerate pressure to expand the Development Area
boundaries and could drive some residential growth to the Rural Areas.
Other Possible Issues:
In addition to questions relating to density and zoning, it is likely that with a more complete review of this
project, staff and other reviewers could identify additional issues or considerations that were not part of
the review for the CCP request. A few early observations are noted below, that will need additional
scrutiny with future reviews on these properties:
1. Access to 32-5A1 appears to cross the WPO-buffer and areas of preserved slopes. The presence of
these features could limit the ability of the site to be developed to a higher intensity, especially if
upgrades to the existing driveway would be required.
2. As mentioned above, more scrutiny is needed to see how the development of TMP 32-22K1 would
relate to the adjacent residential portion of North Pointe.
3. A full Neighborhood Model review should be completed with any future rezoning of the properties.
CCP2018-04 Rivers' Edge
Summary:
Question 1: Staff is of the opinion that transferring the density from TMP 32-221<1 to TMP 32-5A is not
appropriate.
Question 2: Staff does not believe that NMD is an appropriate zoning district for the proposed
development and recommends that the development of the property as proposed be considered with
separate rezoning applications.
Question 3: Staff agrees that the listed commercial uses could be appropriate on TMP 32-22K1 with the
appropriate design and scale, serving as secondary uses to the adjacent North Pointe development.
Question 4: Staff recommends that the GIS-data should be used to calculate the net density of the site.
The Planning Commission is asked to affirm these conclusions or suggest alternative recommendations
as guidance to help the applicant determine next steps and whether the project is worth pursuing further.
ATTACHMENTS
Attachment A: Location Map
Attachment B: Critical Resources
Attachment C: Places29 Land Use Map
Attachment D: Application and materials
Attachment E: Adelaide minutes (February 23, 2016)
CCP2018-04 Rivers' Edge