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HomeMy WebLinkAboutZMA200600009 Executive Summary Zoning Map Amendment 2007-11-02COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA 2006-00009 5th Street -Avon Center SP 2007-00004 51h Street -Avon Center -Parking Structure SUBJECT/PROPOSAL/REQUEST: Request to rezone approximately 86.895 acres from LI Light Industrial and RA Rural Area (existing zoning) to PDSC Planned Development Shopping Center District to include approximately 476,355 square feet of non-residential (commercial) uses with special use permit for parking structure. STAFF CONTACT(S): Cilimberg, Echols, Grant NO AGENDA DATE: November 7, 2007 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: YES OWNER/APPLICANT PURCHASER: New Era Properties, LLC and Avon Holdings LLC (TMP 77-11 E)/New Era Properties, LLC, with LeClair Ryan as the contact and The Cox Company as the consulting engineer. BACKGROUND: On July 24 2007, the Planning Commission held a public hearing on the request. (See Attachment V) The staff report provided in Attachment V gives pertinent background regarding this project in the Planning and Zoning History section (Pages 3 - 4) and in the Background section located on pages 4 — 5. This project is a result of a Comprehensive Plan Amendment that was adopted on September 8, 2004. (See Attachment VI) This proposal was scheduled for a public hearing with the Board on September 12, 2007; however the applicant requested a deferral of the public hearing and a work session with the Board. During the Commission public hearing, the Commission discussed the proposal and recommended approval subject to a number of matters being addressed prior to the project being considered by the Board of Supervisors. Each of these items and the status of the applicant's response to date is provided in the Discussion section that follows. DISCUSSION: Since the commission's public hearing, the applicant has submitted a revised general development plan and proffers in response to the Planning Commission action. The following bullets describe matters that the Planning Commission identified to be addressed and the current response provided by the applicant (shown in bold italics): All proffers to be submitted in writing acceptable to County counsel as stated in the discussions between staff and the applicant. Applicant's response: Proffers dated September 4, 2007 were submitted and reviewed by the County Attorney who has identified some items that remain to be addressed. ■ The proffers shall include, but not be limited to, urban design. The applicant agrees to build the entirety of the project in accordance with ARB urban design and landscape standards. The portion of the property that is outside of ARB jurisdiction will be overseen by other staff members. Proffer 11 is satisfactory to the County in terms of addressing items not subject to the ARB's review. Applicant's response: The applicant has included proffer 11 -Architectural Guidelines, which makes the project design and construction conform with the Albemarle County Architectural Review Board Guidelines. With respect to roads, there shall be substantial completion of all road improvements before the center is occupied. Applicant's response: While the applicant has provided revised proffers 2C & D that describe completion of construction for Bent Creek Parkway and Avon Street Improvements within three (3) years from the date of approval of a final site plan within the project, staff continues to have concerns with this timing and recommends the proffers be revised to say that the road will be completed by the issuance of the first certificate of occupancy (CO). ■ With respect to the trail link issues, the commitment regarding the pedestrian link on Bent Creek Parkway will be complied with. Applicant's response: The trail link on Bent Creek Parkway as shown in the power point presentation graphic during the Planning Commission public hearing is now shown on the General Development Plan. ■ With respect to transit, the park and ride and transit stops as proposed are adequate. The Bent Creek Parkway satisfies any cash proffer with respect to transit. Applicant's response: No additional submittal needed. ■ The proffer with respect to tree preservation shall be two trees for every tree removed in the conservation area. Applicant's response: Proffer 5 -Tree Conservation Areas includes the following language: replacement shall be two trees of similar species or quality for each removed, or destroyed tree. ■ A licensed arborist will be engaged and assist throughout the construction project for the maximum preservation of trees on the project. Applicant's response: There is no commitment to a licensed arborist to be engaged. The applicant does include proffer 5, with the following language: "Within the areas depicted on the Application Plan as Conservation Areas, no land disturbing activities shall occur except in accordance with Best Management Practices as defined by the Virginia Department of Forestry. Management of Conservation Areas on the Property for any other purpose, including wildlife habitat improvement, shall be in accord with a forest stewardship plan approved by the County of Albemarle. Staff does not believe the language in proffer 5 meets the Planning Commission's expectation, which was intended to assure preservation of as many trees as possible. The DEQ work plan will be completed and in place prior to the first site plan and the applicant shall provide a copy of the DEQ work plan to staff and the County Attorney's Office as soon as possible. Bent Creek Parkway is one of the key components of this project and it will be dedicated to public use. The County Attorney's Office needs to figure out whether there will be any potential liability with that land being transferred to the County. Applicant's response: Proffer 8 states "As a condition for the first, final site plan approval, the Owner shall have obtained Virginia Department of Environmental Quality ("DEQ") approval of a work plan ("Landfill Work Plan'). The applicant and the County Attorney staff have been working together on this issue; however, this proffer is still not satisfactory to the County Attorney staff. The applicant and staff will need to reach an agreement with VDOT regarding the underlying responsible party for the road. An adequate proffer that will address the DEQ work plan as it relates to the dedicated public use of Bent Creek Parkway will need to be provided. The stormwater proffers are to be drafted consistent with the Biscuit Run standard of 80 percent erosion control. 2 Applicant's response: Proffer 10. A. Erosion and Sediment Control describes that the Owner shall, to the maximum extent practicable, provide additional erosion and sediment controls to achieve a sediment removal rate of eighty percent for the Property as determined by the Program Authority. The reseeding necessary and timing of reseeding will be crafted to meet the stormwater commitment in the Hollymead Town Center A-1 rezoning. Applicant's response: Proffers 10. B & C. Stormwater and Revegetation address stormwater management to achieve a removal rate 20% better than would otherwise be required by the Water Protection Ordinance, up to a maximum of eighty percent removal rate for each Phase. Within nine (9) months after the start of grading under any erosion and sediment control permit, permanent vegetation shall be installed on all denuded areas, except for areas the Program Authority determines are otherwise permanently stabilized or are under construction with an approved building permit. ■ The applicant shall satisfy the City with respect to frontage and street improvements. Applicant's response: Proffer 2. E. 3. describes that the Owner shall submit to the City of Charlottesville for approval engineering drawings, plans, and construction documents for all road, signal and other transportation improvements. The cultural resources will be designated satisfactorily to staff by a map attached to the proffer. A Phase I Study will be done prior to any grading. Applicant's response: Proffer 9 Cultural Resources includes Exhibit B, which is a map attached to the proffer regarding cultural resources designations. This proffer also states that a Phase I Study will be done prior to land disturbance and the consultant conducting the survey shall follow federal and state guidelines and legislation in conducting the Phase / Survey. The applicant will use its best efforts to work with VDOT with respect to enhancement of the VDOT easement area along 1-64. Applicant's response: No additional submittal needed. The ARB's Guidelines and comments from their report shall be adhered to. If the view shed from the EC cannot be mitigated the applicant shall make the back of the buildings look like the front of the building. While proffer 11 addresses things not in the ARB's review and meets legal wording requirements, there has been no proffer provided that addresses the ARB's concerns for portions of the project that are visible from the entrance corridor. (See Attachment IV) Applicant's response: Proffer 11 Architectural Guidelines specifically addresses in a statement that the traditional "back of building" materials shall not be used for the home improvement and/or major retail spaces contemplated within the project. However, it does not address the ARB's concerns for portions of the project that are visible from the Entrance Corridor. An adequate proffer that will address the ARB's concerns for portions of the project that are visible from the Entrance Corridor will need to be provided. The application plan referred to in the proffers will constitute all of the graphics. All of the plans and illustrations as presented on 7-24-07 would be incorporated as part of the application plan. Applicant's response: The applicant has made the changes to the application plan in accordance with the Planning Commission expectation. Special Use Permits There is also a request for a special use permit for a parking structure that will be located between the home improvement and major retail stores. Staff believes the special use permit request is appropriate. The Planning Commission recommended approval of SP 2007-00004, 5t" Street -Avon Center Parking Structure with no conditions. RECOMMENDATIONS: The Planning Commission has recommended approval of this project with the expectation that issues identified by staff and the Planning Commission at the time of the Commission's last public hearing would be addressed by the applicant. While the applicant has addressed a number of those issues, the following are still outstanding: • Finalization of proffers in accord with County Attorney recommendations for acceptance. • Proffer 2 C & D relating to timing of construction and improvements of roads. • Request for a licensed arborist to assist throughout construction. • County Attorney's acceptance of proffer 8 relating to the DEQ work plan and the responsibilities for Bent Creek Parkway when dedicated for public use. • ARB concerns for portions of the project visible from the entrance corridor. Staff recommends that the Board confirm the expectations of the Planning Commission and identify any additional matters it feels should be addressed before this matter is advertised for public hearing. ATTACHMENTS: Attachment I: General Development Plan dated August 7, 2007 Attachment II: Proffers dated September 4, 2007 Attachment III: Land Use and Development Guidelines Summary dated August 21, 2007 Attachment IV: ARB comments dated August 27, 2007 Attachment V: Planning Commission Staff Report dated July 24, 2007 Attachment VI: Final CPA language amended September 8, 2004 M PROFFER FORM Date: September 4, 2007 ZMA # 2006-09 Tax Map and Parcel Number(s): 76-M 1-2A; 76-M 1-2B; 76-M 1-4A; and 77-M 1-11 E 81.94 Acres to be rezoned from LI and Rural Area to PD -SC Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owners, or their duly authorized agent, hereby voluntarily proffer the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is acknowledged that the conditions are reasonable. 1. Application Plan. Development shall be in general accord with the Application Plan entitled, "5th Street — Avon Center, ZMA Application Plan, Conceptual Master Plan", (Sheets 1-14), prepared by The Cox Company, last revised August 7, 2007 ("Application Plan"). The Owners (collectively, hereinafter, the "Owner") have presented, as part of their rezoning applications, a number of conceptual plans and illustrations for various purposes, but principally to provide justification for the rezoning actions they are seeking. Unless specifically referenced in these proffers, all plans and illustrations submitted as part of the Applicant's rezoning application, other than the Application Plan as defined above, shall be deemed illustrative only, and such plans and illustrations shall not be deemed proffers. 2. Road Improvements. The Owner shall cause completion of the following road improvements: A. Bent Creek Road and 5th Street Intersection. Pursuant to road plans approved by the Virginia Department of Transportation ("VDOT"), the City of Charlottesville, and the County of Albemarle (the "County") as a condition of approval of the initial site plan for the Project, the Owner shall construct signal and lane improvements for the westbound lanes of Bent Creek Road and the southbound lanes of 5th Street at the Bent Creek Road and 5th Street intersection. If required by the City of Charlottesville, such improvements shall include: (i) dual left turn lanes southbound on 5th Street; (ii) dual right turn lanes northbound on 5th Street; and (iii) an extended single left turn lane northbound on 5th Street. An example of the improvements that the City may require of the Owner is attached as Schedule I. B. Bent Creek Road Bridge. Pursuant to road and bridge plans approved by VDOT, the Owner shall widen, or replace the existing bridge spanning Moore's Creek supporting Bent Creek Road as a condition of approval of the initial site plan for the Project. The bridge expansion shall be sufficient to accommodate at least two (2) through lanes for Bent Creek Road. C. Bent Creek Parkway. The Owner shall cause to be constructed and dedicated a two lane (with right-of-way sufficient for future expansion to four lanes) limited access road from the bridge at Bent Creek Road through to Avon Street in the general location shown on the Application Plan ("Parkway"). If approved by VDOT, the Parkway may be a `rural section' in design, without curb and gutter. Construction of the Parkway shall be completed (to mean Base Paving has been installed and the road may be open to traffic), for eventual acceptance by VDOT for public use and dedication of right- of-way (and all necessary easements dedicated to the County) within three (3) years from the date of approval of a final site plan within the Project. The Parkway shall be constructed, bonded and ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the public system, and the County Engineer shall have determined that the roadway is safe and convenient for traffic. [The County's acceptance of this proffer shall not confer any approval of special use permits for any construction of the Parkway or other improvements within the floodplain, if necessary; the approval of such permits shall be reserved by the Board of Supervisors.] D. Avon Street Improvements. The Owner shall dedicate public right-of-way, if necessary, and construct a right turn lane on Avon Street southbound from the northern boundary of the Property to the intersection of Avon Street and the Parkway. If warranted, the Owner shall construct a left turn lane and signal improvements at the intersection of Avon Street and the Bent Creek Parkway. If the public right-of-way is not dedicated by subdivision plat, the Owner shall be responsible for the cost of a survey and preparing the deed to convey the public right-of-way to the County. Unless sooner required by VDOT as a condition of site plan approval, the Avon Street Improvements shall be constructed, bonded and ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the public system, and the County Engineer shall have determined that the roadway is safe and convenient for traffic within three (3) years from the date of the approval of the a final site plan within the Project. E. Transportation Proffers Compliance. 1. The road improvements listed in 213, 2C, and 2D above shall be constructed in accordance with road plans submitted by the Owner and approved by VDOT. All of the foregoing improvements listed in 213, 2C, and 2D shall be (i) constructed to VDOT design standards pursuant to detailed plans agreed to between the Applicant and VDOT, and (ii) accepted by VDOT for public use or bonded for VDOT's acceptance. The width, (except as specified in 2C above) length, location, (inside median or outside existing pavement), type of section (e.g., urban vs. rural), and geometrics of all lane improvements shall be as required by VDOT design standards and detailed plans submitted by the Owner and approved by VDOT. 2. Any signal improvements proffered herein shall be coordinated among the City of Charlottesville and VDOT to address signal timing. N 3. The Owner shall submit to the City of Charlottesville engineering drawings, plans, and construction documents ("City Transportation Plans") for all road, signal and other transportation improvements contemplated in these Proffers or shown on the Application Plan that are located within the limits of the City of Charlottesville. The City Transportation Plans shall be submitted within sixty (60) days after the first site plan for the Property is submitted to the County. The Owner shall diligently pursue approval of the City Transportation Plans with the City. If the City does not approve all the City Transportation Plans within six (6) months after the first final site plan for the Property is approved by the County, the Owner shall not be required by these Proffers to construct any improvements for which approvals have not been obtained. The Owner also shall not be required by these Proffers to acquire right-of-way or otherwise pay for right-of-way in the City for such improvements. E. Park and Ride Lot. The Owner shall provide a paved parking area on the Property consisting of no less than twelve (12) spaces either: i) within the area labeled "Future Development" (as shown on Sheet 10 of the Application Plan) or ii) in conjunction with the construction of a parking area for another use, (e.g. a grocery store), for temporary use by commuters accessing transit, trails or carpools (the "Park and Ride Lot"). Construction of the Park and Ride Lot shall occur in conjunction with the construction and dedication of the adjacent Bent Creek Parkway section or, if the Park and Ride Lot is constructed within a parking area for another use (e.g., a grocery store), then the Park and Ride Lot shall be constructed in conjunction with such use. 3. Greenway Dedication. The Owner shall to dedicate in fee simple to the County, or at the County's option, an easement to the County, and construct a link to the section of trail through the Property in the location shown on the Application Plan. The Greenway shall be dedicated and the section of trail shall be installed within six (6) months after the issuance of the first certificate of occupancy within the Project. This section of trail shall be constructed to meet the Class A trail definition as contained in the County's Greenway Plan. The existing, dilapidated bridge over Moore's Creek shall be restored or replaced (for pedestrian or bicycle use only) as part of the trail section at the time of the completion of the trail, and to sufficient design to support a Class A trail. In the event that sufficient right-of-way exists or can be obtained by others, the Owner shall construct within nine (9) months of the availability of such right-of-way, an extension of the link for the County Greenway System beyond the Property line to Interstate 64, along Biscuit Run, in the area shown on the Application Plan. If the Greenway is not dedicated by subdivision plat, the Owner shall be responsible for the cost of a survey and preparing the deed to convey the Greenway to the County. 4. Greenway Park and Pedestrian Trails Master Plan. Within the area depicted on the Application Plan as Park/Open Space, the Owner shall dedicate in fee simple to the County, or at the County's option, an easement to the County, a Greenway Park, to include the stream valley areas along Moore's Creek, for use by the public for hiking, bicycling, picnicking and other passive recreational use. At least five (5) parking spaces in the adjacent parking lot on the Application Plan shall be reserved for a trail head use. 3 The Owner shall submit a master plan for, and construct a Greenway Park and Pedestrian Trail system as a condition for the first site plan for the Project. Subject to County approval as part of the first site plan for the Project, the Greenway Park and Pedestrian Trails master plan shall incorporate the following elements: i. Greenway Park and Trailhead Park routing plan, including trail standards; ii. 5th Street/Avon Connector Road preliminary engineering plan; iii. Preliminary landscape plan for impact area; iv. Critical slope impact evaluation and option assessment; and v. Tree survey within the Stream Buffer area; The Greenway Park and Pedestrian Trails master plan shall be coordinated with the Director of Community Development and the County Department of Parks and Recreation. The Greenway Park and Pedestrian Trails master plan shall be submitted with the first final site plan for the Property and shall identify, design and incorporate the items cited in i-xii above. This Proffer 4 shall be satisfied upon (a) approval of all relevant elements of the Greenway Park and Pedestrian Trails master plan by the requisite federal, state, and local approval agencies; (b) posting of a bond satisfactory to the County for construction of any improvements as depicted on the approved Greenway Park and Pedestrian Trails master plan; and (c) the County's acceptance of the deed of dedication of the fee simple (or easement) interest. This Proffer 4 shall be satisfied prior to or at the time of the County's approval of the first final site plan for the Project. If the Greenway Park is not dedicated by subdivision plat, the Owner shall be responsible for the cost of a survey and preparing the deed to convey the Greenway Park to the County. 5. Tree Conservation Areas. Within the areas depicted on the Application Plan as Conservation Areas, no land disturbing activities shall occur except in accordance with Best Management Practices, as defined by the Virginia Department of Forestry. Management of Conservation Areas on the Property for any other purpose not involving land disturbing activities, including wildlife habitat improvement, shall be in accord with a forest stewardship plan approved by the County's Director of Planning. Best Management Practices, as defined by the Virginia Department of Forestry, shall be used to control erosion and protect water quality during any forest activity. The primary objectives of the forest stewardship plan shall be to (a) maintain the health of the Conservation Areas, (b) maintain a scenic, urban forest and (c) conserve soil and water. In addition to providing a forest stewardship plan, the Owner shall replace trees that must be removed in the areas denoted as "Conservation Areas" on the Application Plan that lie within the Greenway Park. Replacement shall be two (2) trees of similar species or quality for each removed, or destroyed tree. All tree replacement shall be in accord with the final landscape plan for the first final site plan for the Property. The Owner's obligation to replace trees within the Conservation Areas shall apply only to existing trees within the final, approved Greenway Park pursuant to the Greenway Park and Pedestrian Master Plan, described above. Trees to be replaced within the following planting season, must be in excess of 12" dbh and shall be replaced with trees of the same 2 or a similar species or quality of not less than 2.5" dbh, as determined by the County's Director of Community Development. The County's Director of Community Development may authorize minor variations in the specific location and extent of the "Conservation Areas" as depicted by the Application Plan provided that such variations (a) are supported by final engineering, geotechnical, and environmental analysis; (b) have been mitigated to the satisfaction of the Director of Community Development; and (c) meet any other requirements for a minor variation under County Code § 18-8.5.5.3(a)(2). 6. LEED Standards for Core & Shell Development. The Owner shall cause commercial buildings within the shopping center portion of the Project to be rated a minimum of "Certified" under the LEED Green Building Rating System for Core & Shell Development, as set forth in the U. S. Green Building Rating System, Version 2.0, July 2006 (collectively, the "LEED Compliant Commercial Space"). For each commercial building containing LEED Compliant Commercial Space, the Owner shall provide copies of the LEED certifications to the County confirming that such building is constructed to the minimum standard provided in this Proffer 6. Prior to issuance of the building permit for any proposed LEED Compliant Commercial Space, the Owner shall provide to the County Director of Community Development the opinion of a licensed architect that such space, if constructed in accordance with the building plans, is designed to achieve the minimum "Certified" rating provided in this Proffer 6. 7. Moore's Creek Erosion and Buffer Projects. The Owner shall complete the erosion and buffer projects for Moore's Creek, above Biscuit Run in the areas depicted on the map attached ("Moore's Creek Action Projects"). The Moore's Creek Action Projects are more particularly described in the attached Exhibit A from the County's Stormwater Action Lists Report for Stormwater Master Plan, prepared by CH2MHill, dated January, 2004. The Moore's Creek Action Projects scope will be subject to all applicable federal and state and local approvals, including the requirements set forth in the final DEQ Landfill Work Plan, defined below. The schedule and scope of the Moore's Creek Action Projects shall be submitted and approved with the first final site plan within the Project and shall be completed within three (3) years from the date of the approval of the a final site plan within the Project. 8. Former Landfill Site; Work Plan; Department of Environmental Quality. As a condition for the first, final site plan approval, the Owner shall have obtained Virginia Department of Environmental Quality ("DEQ") approval of a work plan ("Landfill Work Plan") addressing the implications of Owner's constructing any portion of the Bent Creek Parkway, and any proposed project improvements on the Project implicating the former City of Charlottesville Landfill site. The Landfill Work Plan shall be prepared by an environmental consulting firm and shall contain the following: A. A discussion of the geology, site history, and generalized subsurface stratigraphy of the landfill site, based upon a systematic study to include field observations, and if necessary, electromagnetic induction (EM) survey to determine the lateral extent of waste deposits on the Property. 5 B. A plan to stabilize, cover or otherwise address to DEQ's satisfaction any areas of exposed waste on the Property discovered during the systematic study referenced in A. above. C. A plan that addresses the construction techniques to be employed to allow construction of Bent Creek Parkway and any related improvements over the waste deposits within the landfill site. For example, to the extent dynamic compaction of the waste deposits will be required to construct the roadway, the plan will describe where and how dynamic compaction will be performed. The Owner shall diligently pursue DEQ's approval of the Landfill Work Plan. Unless DEQ requires otherwise, the components of the Landfill Work Plan referenced above may be submitted to DEQ separately or within the same document. The County shall be provided with a copy of the Landfill Work Plan, together with all back-up data submitted in DEQ's approval of the Landfill Work Plan as a condition of acceptance of dedication of the Parkway. In no event shall such dedication of the Parkway take place until DEQ has approved the Landfill Work Plan. At the County's option, the Parkway may be dedicated in easement in lieu of fee simple. [N.B. would County consider supporting the City's acceptance of the Parkway as a City street?] 9. Cultural Resources. Prior to commencing land disturbance of any of the area included in the former Willoughby Mansion Site, as depicted on the attached Exhibit B, prepared by Dutton Associates, (the "Phase I Scope Area"), the Owner shall cause to be completed and supplied to the County, a Phase I Historic Resources Survey ("Phase I Survey") for any areas within the Phase I Scope Area to be disturbed. The Phase I Survey shall be conducted pursuant to the National Historic Preservation Act of 1966, as amended, the Archaeological and Historic Preservation Act of 1974, and Executive Order 11593. The consultant conducting the Phase I Survey shall meet the professional qualification standards of the Department of the Interior (48 Fed. Reg. 44,738 - 44,739). The archaeological fieldwork component of the Phase I Survey shall conform to the qualifications specified by the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (48 Fed. Reg. 44,716 - 44,742 (1983)), and by the Virginia Department of Historic Resources in its publication entitled Guidelines For Conducting Cultural Resource Survey In Virginia: Additional Guidance for the Implementation of the Federal Standards Entitled Archaeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines (48 FR 44742, September 29, 1983), 1999, rev. 2000. In the event that any human remains are encountered in the course of conducting any Phase I Survey, no land disturbance shall proceed prior to delivery of evidence to the County that all applicable regulations regarding the disturbance or removal of such remains have been complied with, or that avoidance can be achieved. The Phase I Survey consultant shall follow federal and state guidelines and legislation in conducting the Phase I Survey in making recommendations regarding any Potential Resource Site's eligibility for nomination to the National Register of Historic Places (NRHP). All artifacts generated in the course of survey and associated records will be curated according to the requirements specified in Curation of Federally Owned and Administered Archaeological Collections (36 C.F.R. § 79) and Virginia Department of Historic Resources State Curation Standards. Co 10. Erosion and Sediment Control and Stormwater Management. A. Erosion and Sediment Control. The Owner shall, to the maximum extent practicable as determined by the County's Program Authority, provide additional erosion and sediment controls to achieve a sediment removal rate of eighty percent (80%) for the Property. (As a reference, current regulatory structural measures achieve a 60% optimal removal rate.) B. Stormwater Management. The Owner shall, to the maximum extent practicable as determined by the County's Program Authority, provide additional stormwater management to achieve a removal rate 20% better than would otherwise be required by the Water Protection Ordinance (Albemarle County Code § 17-100 et seq.), up to a maximum of eighty percent (80%) removal rate for each Phase. C. Reve eta. Within nine (9) months after the start of grading under any erosion and sediment control permit, permanent vegetation shall be installed on all denuded areas, except for areas the County's Program Authority determines are otherwise permanently stabilized or are under construction with an approved building permit. A three (3) month extension for installation of permanent vegetation may be granted by the Program Authority due to special circumstances including but not limited to weather conditions. 11. Architectural Guidelines. To the extent this Project, or any portion thereof, is not subject to review by the County's Architectural Review Board: (i) the Project shall be designed and constructed in conformance with the Albemarle County Architectural Review Board Guidelines, a copy of which is attached as Exhibit C, as determined by the County's Director of Planning; (ii) t aditional "back of building" materials shall not be used for the home improvement and or major retail spaces contemplated within the Project; (iii) translucent roofing materials shall not be visible from the Entrance Corridor (visibility shall be determined by the County's Director of Planning); (iv) roofs or parapet walls shall be used to eliminate visibility of rooftop equipment from the Entrance Corridor; and (v) trees shall be provided along both sides of Bent Creek Parkway at forty feet (40') on center, a minimum 2.5" dbh at planting. Submitted as of the day , 2007, by: [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK; SIGNATURE PAGES TO FOLLOW.] 7 NEW ERA PROPERTIES, LLC a Virginia limited liability company By: Its Manager By: Its: Date: AVON HOLDINGS, LLC a Virginia limited liability company By: Its Manager By: Its: Date: LAND USE AND DEVELOPMENT GUIDELINES SUMMARY 5th Street -Avon Street Complex Planned Development -Shopping Center (PD -SC) Zoning Map Amendment Site Information and Development Guidelines Total Site Area: Current Zoning: Proposed Zoning: Total Parking Provided: Parking Ratio: Parking Deck Footprint: Maximum Building Height: Maximum Floor Area Ratio (Gross FAR): 5th Street Retail Center Component 86.895 acres LI, Light Industrial PD -SC, Planned Shopping Center 2,020 total spaces provided in Retail Center 5.0sp/1000gfa (Retail Center Component only) 48,134 sf 65 feet 0.20 FAR (approximate, subject to final site plan) (approximate, subject to final site plan) (subject to proffered maximum building height) (subject to proffered maximum FAR) Planned PS -SC Land Use Approximate Gross sf (approximate, subject to final site plan) per ZMA Application Plan Floor Area (SFGFA) sf (approximate, subject to final site plan) Grocery 84,500 sf (approximate, subject to final site plan) In -Line Retail (Small shops) 19,000 sf (approximate, subject to final site plan) Restaurants 11,000 sf (approximate, subject to final site plan) Home Improvement Store 150,000 sf (approximate, subject to final site plan) Major Retail Store 150,000 sf (approximate, subject to final site plan) Total Yield (SFGFA): Avon Street Employment/Commercial Component 414,500 sf (approximate, subject to final site plan) Pad Site Designation Proposed Gross Approximate Range of per ZMA Application Plan Land Use Pad Area Land Use Yield (SFGFA) Pad Site 1 Employment/Commercial Mixed Use 3.00 ac 19,602 - 26,136 sf Pad Site 2 Employment/Commercial Mixed Use 4.10 ac 26,789 - 35,719 sf Total Proposed Yield: 7.10 ac 46,391 - 61,855 sf PD -SC ZMA: LAND USE SUMMARY Total Estimated Yield (SFGFA) per ZMA Application Plan Home Improvement Store 150,000 sf (approximate, subject to final site plan) Major Retail Store 150,000 sf (approximate, subject to final site plan) Grocery Store 84,500 sf (approximate, subject to final site plan) In -Line Retail (Small shops) 19,000 sf (approximate, subject to final site plan) Restaurants 11,000 sf (approximate, subject to final site plan) Employment/Commercial Mixed Uses 54,123 sf (approximate, subject to final site plan) 468,623 sf (approximate, subject to final site plan) August 21, 2007 (revised) COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 MEMORANDUM To: Claudette Grant From: Margaret Maliszewski RE: ZMA-2006-09 and ARB -2006-135: 5th Street -Avon Center Date: August 27, 2007 I have reviewed the proffers amended August 22, 2007 and application plan with cover sheet revision date of August 7, 2007. The following ARB comments (from the January 16, 2007 ARB review) have not been addressed: 1. Maintain all grading on site along the southern/southwestern property boundary. Maintain a minimum 50' deep planted buffer on site along the southern/southwestern property boundary. Planting in this buffer shall consist of a mix of evergreen and deciduous trees planted in an informal pattern (not planted in regularly spaced rows). Although the retaining wall on the south side of the property has been shifted slightly to the east, these issues have not been sufficiently addressed. 2. Provide tree islands in the parking areas so that no more than 10 parking spaces run consecutively without a tree island. Trees in parking lot interiors and perimeters shall be planted at 2'/2" caliper minimum. This issue has not been addressed. 3. The 30'-35' light pole height illustrated in the application plan is not approved with the rezoning. Light pole height is subject to ARB review/approval with the site development plan. This issue has not been addressed. 4. Illuminated wall signs shall be limited to the north side of the home improvement, structured parking/retail, and major retail spaces. This issue has not been addressed. Note: The following language is added to the Neighborhood Four Profile, page 59, Land Use Plan, in the Comprehensive Plan. (Amended September 8, 2004, CPA -03-02) Neighborhood Four Profile, page 59, Land Use Plan: The area located south of the Willoughby residential development and north of Interstate 64 between Fifth Street Extended and Avon Street Extended, accessed via Bent Creek Road, is designated for Community Service/Mixed Use development. It is intended to fulfill a "town center" role by providing a commercial and employment focal point within Neighborhoods 4 and 5. Neighborhood Model principles recognize that this area, on a macro -level, is located in the center of existing residential neighborhoods as well as planned future residential development areas. Neighborhoods 4 and 5 comprise many of the characteristics of the Neighborhood Model, with the exception that this area currently does not have a "commercial center". When developed, it should provide primarily retail and employment opportunities without precluding a range of uses that may include but is not limited to commercial, professional office/industrial/light industrial, residential, live/work, open space and parkland, public amenities and spaces appropriate for such a commercial center. Compatibility with the scale and character of adjacent and nearby City and County neighborhoods should be maintained. Because of its location between three entrance corridors, at the confluence of Biscuit Run and Moore's Creek, this site is of high aesthetic and environmental sensitivity and importance. Environmental Protection A. Several acres of elevated land located at the western edge of Tax Map 76M1, Parcel 2B, fronting the former Grand Piano and the former University Corporate Research Park access roads and extending north and south from the Bent Creek bridge along these roads contain woodland features considered to be natural features with significance to both the site and area. Existing vegetation, especially exemplary specimen or old growth trees, should be preserved on this tract to the extent feasible. Rock formations sloping down to the existing roads should be preserved to the extent feasible. The natural features described in this paragraph should be preserved as a visual buffer from Fifth Street Extended and be emphasized in site design. B. Bluffs and riparian forest along the existing Grand Piano access road/Moore's Creek corridor should be protected to minimize adverse impacts to the creek from major grading activity. Low -intensity design should be used to help accomplish this protection. C. To the greatest extent possible, streams and stream buffers should be retained and enhanced in conjunction with the development of the property. Emphasis should be placed on natural stream channel improvements, such as landscape stabilization and bioengineering enhancements, to the degraded portions of the existing Moore's Creek tributary. Where streams are to be disturbed, site development must assure that downstream properties and habitat are protected through implementation of measures for water quality and quantity. If crossing and/or filling of the small tributary to the east of the existing warehouse is essential to development of the parcel, innovative water protection management measures should be incorporated into the development. D. A greenway along Biscuit Run and Moore's Creek as recommended in the Comprehensive Plan Greenway Plan should be established. Greenway trails should be constructed and dedicated at the time of site development. E. The existing vegetated buffer adjacent to the 1-64 corridor should be preserved and enhanced where feasible. In addition to its screening function, this green buffer is an important aesthetic and natural resource that contributes to the appearance of the corridor. F. The floodplain area northeast of the confluence of Biscuit Run and Moore's Creek should become public open space for a natural area or multi-purpose field or other low -impact outdoor use. G. Development of the property should incorporate principles of low impact development and sustainable design to support and enhance water protection efforts. Impervious area should be minimized through a site concept that emphasizes complementary uses, shared parking, and protection of critical resources. In particular, green roof technology should be considered as an appropriate and effective technology for managing stormwater on this site. Transportation H. The City of Charlottesville, County of Albemarle, Virginia Department of Transportation, affected property owners, and interested stakeholders should work together to develop an integrated transportation system to serve the site. As a part of the integrated system, traffic signal timing and coordination should be improved and alternative transportation solutions such as Transportation Demand Management may be necessary. Phasing of development should take place so that transportation improvements are concurrent with transportation needs generated by the development. The integrated transportation system should include the necessary improvements, including roadway improvements, pedestrian and bicycle facilities and site design, to accommodate mass transportation in an area encompassing the following streets and intersections: (a) Fifth Street Extended and the Bent Creek Road (linked by a connector road); (b) Avon Street Extended and the connector road; (c) intersections with the connector road within the subject property; and (d) the connector road. Concurrent with development of the site, a connection from Fifth Street Extended to Avon Street Extended via the Bent Creek Bridge should be constructed (the Alternative `D' recommended by the Southern Cities report). This connection may incorporate one or more new roads as well as the existing bridge and former Grand Piano warehouse access road. This connector road should not be regarded as a replacement or substitute for the Southern Connector and, as such, should be viewed as one element of the City/County/VDOT regional transportation network. The road should be designed for speeds of 35 miles per hour and provide improved inter -neighborhood access within the Southern Urban Development Areas. K. The former warehouse access road should become a parkway along Moore's Creek, but should not be designed as a major thoroughfare. The road need not be improved with curbing, but should, to the extent feasible, be confined mainly to the existing travelway and disturbed area. To avoid additional disturbance to this stream buffer, sidewalks should not be required on this road. The greenway along Moore's Creek is recommended as a pedestrian alternative. L. One of the new roads on the site should be designed as a main commercial street traversing the town center into this portion of the site. The road should have curbing, sidewalks, street trees, and other Neighborhood Model elements. To accommodate service traffic primarily, a second new road segment should be considered at the southern portion of the site. M. The intersection of existing and new roads with the Bent Creek Bridge should be designed to avoid or minimize disturbance to the one hundred year flood plain, stream buffer, and the preserved area located above and to the east of it. N. Where considered important to the Willoughby residents, construction of a pedestrian bridge should be considered between the south side of Moore's Creek and the Willoughby residential property. Land Use O. Development within this area should achieve moderate to high levels of density inasmuch as (a) the existing and planned transportation network, utility, and other public infrastructure as the capacity to support such development and (b) there is no remaining undeveloped land of significant area within Neighborhoods 4 and 5 that can meet the Comprehensive Plan's Regional Service development criteria. The continuation of employment opportunities is significant and valuable in this location, particularly in the eastern portion of the site but also throughout the town center area. The existing Light Industrial use opportunities available under the current zoning may be used to support and encourage development of flex space and/or other employment -oriented uses along Avon Street Extended. P. Development on the site may balance retail with employment -based uses and other land uses. Q. Residential, live/work and/or small professional office uses are recommended along the bluff at the northern edge of the town center area. These uses should be sited to minimize disturbance to the natural features described under Environmental Protection (above). It may be appropriate for such uses to occur as infill opportunities, after the commercial and retail uses have been established. R. The western commercial area is intended to be a compact, high density area which mixes retail businesses, services, public facilities and civic spaces. Large footprint retail of a regional nature may be appropriate in the western portion of the area. Specifically, the buildings should be oriented to major roads; designed, sized and massed with consideration for adjacent and nearby smaller uses in the Center and on the larger site; and parking should be relegated to the greatest extent possible. S. The architecture, urban design and landscape treatment of the property should be carefully integrated to ensure that the visual interest, massing, scale and organization of the development contributes to the role of the site as a town center and commercial focal point for the Southern Urban Area. The town center area should provide a functional, attractive and distinct destination for shoppers, visitors, employees, and residents of the larger neighborhood with particular emphasis on pedestrian convenience. Architectural and landscape design guidelines should be prepared to address: a. The integration of building facades and rooflines; b. Architectural massing and form of individual buildings; c. Architectural materials and color; d. Design of parking areas; e. Design/landscape treatment of streets and interior travelways, pedestrian, bicycle and vehicular, including traffic calming; f. Buffers and screening in areas impacted by critical sight lines; g. Enhancements to preservation areas and open spaces and improvements to planned public civic and greenway areas; h. Street lighting, signage and hardscape features; i. Recreational and civic improvements. In acknowledgment of the size of the developable area, as well as environmental and aesthetic considerations, a mid-sized big box model is recommended for this site. Development of "super -sized" big boxes is not appropriate due to the site's relatively high exposure to three Entrance Corridors, immersed location within older neighborhoods with established character and scale, and the desire to mix and balance uses on the site and create a bona fide town center. As a base guideline for maximum building footprints (excluding garden centers, outside sales and display, awnings, storage areas and grocery stores), the largest single big box footprint should not exceed 150,000 square feet. For the purpose of this definition, a grocery store is not considered to be a big box. Buildings of increased footprint may be considered, subject to demonstration by the applicant that the environmental impact of such increased footprint can be offset by (a) design that is sensitive to architectural massing and quality, (b) building that complements the setting of the larger project, (c) parking and traffic accommodation that complements building form, pedestrian access, and building siting, (d) environmental design that enhances existing natural conditions within areas to be conserved, and (e) a commitment to a project phasing plan that ensures that a mix of retail uses of varying size and scale will be developed concomitantly with the expanded big box use. T. Maximum total square footage of big -box structures defined as those having a greater than 75,000 square foot footprint (excluding garden centers, outside sales and display, awnings, storage areas, and grocery stores) is 300,000 square feet. For the purpose of this definition, a grocery store is not considered to be a big box. If the big -box structures are developed in a two-story or greater configuration, this limitation may be adjusted upward. U. Preference will be given to rezoning proposals that maximize the range and mixture of uses, along with a phasing plan that assures a mixture of uses and addresses all parts of the site during the development of the project. Public Space and Public Facilities/Amenities V. Provision should be made on the site for transit service and a park and ride facility. W. At least ten percent of the gross site acreage should be devoted to amenities and 15 percent should be preserved or created as green space. Public amenities can be paved areas, such as plazas, courtyards or patios, landscaped areas such as parks or water features and/or natural areas left largely in their undisturbed state. Preserved areas should count toward both amenity and green space percentages.