HomeMy WebLinkAboutZMA200700003 Staff Report 2007-07-16COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 07 -03 NGIC Expansion
Staff: Rebecca Ragsdale
along with SP 2007 -31 and 32
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
July 10, 2007
August 1, 2007
Owners: Next Generation LLC (United Land
Applicant: Collins Engineering (Scott Collins, PE /Kirsten
Corporation - Wendell W. Wood)
Munz, PE, AICP)
Acreage: approx. 15 acres
Rezone from: RA Rural Areas
TMP: portions of TMP 33-11D and 33 -1 F
By -right use: up to 5 additional lots, if property has all
development rights; rural /agricultural uses
Magisterial District: Rivanna
Proffers: No
Proposal: Rezone to CO Commercial Office,
Requested # of Dwelling Units: 120
with special use permits, to allow two 4 -story
office buildings of 89,400 square feet each and a
three -story 120 -unit residential building.
DA (Development Area): Community of Piney
Comp. Plan Designation: Industrial Service
Mountain
Character of Property: Undeveloped, open field
Use of Surrounding Properties: National Ground
and some wooded areas
Intelligence Center (NGIC) and undeveloped /rural
Factors Favorable: (1) The rezoning and special
Factors Unfavorable: (1) VDOT has requested a traffic
use permits are consistent with the Land Use Plan
impact analysis and staff is still awaiting comments from
and are very minor amendments to an already
VDOT on whether that will still be required. The applicant
approved development. (2) The applicant has
would like to address traffic impacts through proffers. (2)
provided for the extension of Boulders Road, a
Boulders Road, as proposed on the application plan, does
desired loop road to Route 29 as shown in the
not include a typical section that accommodates
Places 29 draft master plan.
pedestrians. A proposed typical section should be
provided that indicates features such as sidewalk, bike
lanes, etc along with design standards for the
Development Areas. The applicant has indicated this will
be provided. (3) The applicant has not yet provided
proffers that address the following: the Board of
Supervisors' cash proffer policy per residential unit;
Affordable Housing policy; Proffer the application plan;
and proffers to address specific transportation
improvements and their timing, based on requests from
VDOT and the County. However, the applicant has
indicated they intend to provide proffers and an application
plan to address these outstanding issues listed.
RECOMMENDATION: Staff cannot recommend approval of ZMA 07 -03 without a proffered
application plan and proffers that address the project's impact. However, the applicant has indicated
they will provide necessary revisions to the application plan and proffers to address all outstanding
issues listed above. Should the applicant provide a proffered application and proffers in a form that
addresses the substantive issues and are technically and legally acceptable, then staff could support
the project. Should the rezoning be approved, staff recommends approval of the special use permits
with conditions.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS
REBECCA RAGSDALE
JULY 10, 2007
AUGUST 1, 2007
ZMA 07 -03 NGIC Expansion
SP 07 -31 Special Use Permit - Residential Units
SP 07 -32 Special Use Permit - Research & Development; Labs
PETITIONS
PROJECT: ZMA 2007 -003
PROPOSAL: Rezone approx. 15 acres from RA Rural Areas Zoning District, which allows
agricultural, forestal, and fishery uses; residential density (0.5 unit/acre), to CO Commercial
Office — offices, supporting commercial and service uses; and residential use by special use
permit (15 units/ acre) to allow for up to 178,800 square feet of office space in two 4 -story
buildings of 89,400 square feet each. This proposal also includes two concurrent special use
permits SP 07 -031 to allow a 3 -story 120 unit apartment building and SP 07 -32 to allow research
and development uses in the proposed office buildings.
PROFFERS: No
EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Industrial Service -- warehousing,
light industry, heavy industry, research, office uses, regional scale research, limited production
and marketing activities, supporting commercial, lodging and conference facilities, and residential
(6.01 -34 units /acre) in the Community of Piney Mountain in the Development Area.
ENTRANCE CORRIDOR: Yes
LOCATION: east of Route 29 North, at the end of Boulders Road, adjacent north of the NGIC
facility
TAX MAP /PARCEL: Portion of Tax Map 33 Parcels 1 D & 1 F
MAGISTERIAL DISTRICT: Rivanna
PROJECT: SP 2007 -31 (refer to ZMA 07 -003 NGIC Expansion)
PROPOSED: 120 unit three -story apartment building at a gross density of 8.0 units per acre on
an approximately 15 -acre site.
ZONING CATEGORY /GENERAL USAGE: Existing Zoning is RA Rural Areas Zoning District,
which allows agricultural, forestal, and fishery uses; residential density (0.5 unit /acre), ZMA 07-
003 proposes to rezone to CO Commercial Office — offices, supporting commercial and service
uses; and residential use by special use permit (15 units/ acre).
SECTION: 18.23.2.2.9uses permitted in Residential R -15 Zoning District.
EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Industrial Service -- warehousing,
light industry, heavy industry, research, office uses, regional scale research, limited production
and marketing activities, supporting commercial, lodging and conference facilities, and residential
(6.01 -34 units /acre) in the Community of Piney Mountain in the Development Area.
ENTRANCE CORRIDOR: Yes
LOCATION: east of Route 29 North, at the end of Boulders Road, adjacent north of the NGIC
facility
TAX MAP /PARCEL: Portion of Tax Map 33 Parcels 1 D & 1 F
MAGISTERIAL DISTRICT: Rivanna
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion
Planning Commission 7/10/07 Board of Supervisors 8/1/07
PROJECT: SP 2007 -32 (refer to ZMA 07 -003 NGIC Expansion)
PROPOSED: Allow for research & development uses within proposed CO Zoning District Office
Buildings, 178,800 square feet of office space in two 4 -story buildings of 89,400 square feet each.
ZONING CATEGORY /GENERAL USAGE: Existing Zoning is RA Rural Areas Zoning District,
which allows agricultural, forestal, and fishery uses; residential density (0.5 unit /acre), ZMA 07-
003 proposes to rezone to CO Commercial Office — offices, supporting commercial and service
uses; and residential use by special use permit (15 units/ acre).
SECTION: 18.23.2.2.12 Research and development activities including experimental testing.
EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Industrial Service -- warehousing,
light industry, heavy industry, research, office uses, regional scale research, limited production
and marketing activities, supporting commercial, lodging and conference facilities, and residential
(6.01 -34 units /acre) in the Community of Piney Mountain in the Development Area.
ENTRANCE CORRIDOR: Yes
LOCATION: east of Route 29 North, at the end of Boulders Road, adjacent north of the NGIC
facility
TAX MAP /PARCEL: Portion of Tax Map 33 Parcels 1 D & 1 F
MAGISTERIAL DISTRICT: Rivanna
CHARACTER OF THE AREA
The site is approximately 15 acres in size and is zoned RA Rural Areas and is a portion
of two tax map parcels; it is located in the Development Area. It is located east of Route
29, just beyond the end of existing Boulders Road to the northeast, and the National
Ground Intelligence Center (NGIC) facility, which is zoned LI Light Industrial. The
property is partially wooded and open /undeveloped. Adjoining property, with the
exception of the NGIC facility, is owned by the applicant and is zoned Rural Areas or
PRD Planned Residential north of the site. Across Route 29 to the west are the
Briarwood and Camelot subdivisions, and to the north the GE Fanuc facility.
(Attachment A- Aerial, Attachment B- Zoning Map)
SPECIFICS OF PROPOSAL
The applicant has provided an application plan (dated June 12, 2007) which shows a
request for two 4 -story office buildings of 89,400 square feet each and a 120 -unit
apartment building, with over 800 surface parking spaces. A rezoning to CO
Commericial Office is requested, since it will allow the office uses and also allow for the
residential uses, along with the possibility for additional future employment uses, like
research and development by special use permit. This proposal is intended to provide
additional space for the National Ground Intelligence Center (NGIC) and its
support/subcontractor base, through a long -term lease with the applicant, and is
immediately adjoining the expansion area for the NGIC facility, where the Defense
Intelligence Agency will likely locate. Based on the national security requirements of the
users of the building, the site has been designed to comply with security regulations. The
residential component will be constructed like an apartment building with 120 2- bedroom
units; however, it will initially function more like barracks or more temporary living
quarters based on the intended tenant's needs. The applicant will retain ownership of
the property so a rezoning is necessary and the project is not exempt from local
regulations. (Attachment E- Application Plan)
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion
Planning Commission 7/10/07 Board of Supervisors 8/1/07
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant has indicated that the public benefit to this request is that it will provide
employment in a sector which provides well paying jobs for Albemarle County citizens
and supports NGIC.
PLANNING AND ZONING HISTORY
A rezoning was submitted in 1999 (ZMA 99 -02) for a portion of TMP 33 -1 D for Value
America to Light Industrial, but was eventually deferred and withdrawn. The adjoining
NGIC facility was constructed and occupied around 2000.
COMPREHENSIVE PLAN:
Conformity with the Land Use Plan
The Land Use plan designates this property as Industrial Service in the Community of
Piney Mountain. (See inset below)
Approx. location of
rezoning proposal.
Staff has found the proposal consistent with this land use designation and with the
specific recommendations for Piney Mountain. The table below indicates
Comprehensive Plan recommendations in the left column and how the proposed
rezoning has addressed each in the column to the right.
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion
Planning Commission 7/10/07 Board of Supervisors 8/1/07
INDUSTRIAL SERVICE
Uses allowed within this designation include
The uses proposed fall within those
warehousing, light industry, research, heavy
recommended under Office Service.
industrial uses, as well as uses allowed under Office
Service.
Office Service Uses allowed within this designation
The proposed zoning is Commercial
include office parks and mixed -use planned
Offices and intended use will be
development emphasizing office uses, residential
primarily office to support the expansion
uses, and regional -scale research and office uses
of NGIC. There are no uses proposed
providing information and professional services to
that involve the production of or
the County and the larger region. Limited production
marketing of products. However, the
activities and marketing of products may be
applicant has proposed a special use
included.
permit to allow research, development,
and lab activities to allow additional
future employment uses
Commercial uses are allowed in this designation as
No supporting commercial uses are
a secondary use.
proposed with this rezoning.
Residential uses may be appropriate in the Industrial
The applicant is proposing residential
Service designation if such uses are compatible with
uses in the form of a 120 -unit apartment
the nearby and adjacent Industrial Service uses.
building. The residential units will be
Care should be taken to insure that the impacts of
supportive of nearby NGIC activities and
the Industrial Service uses, including traffic, noise,
provide for living quarters. Under lease
odors, and vibrations will not affect residential uses.
agreements with the federal government,
Where residential uses are provided, both vehicular
the apartments will not be available on
and pedestrian interconnections are expected to
the open market, as long as they are
nearby industrial areas.
tenants of the office buildings. The
nearby uses are not anticipated to
adversely affect the residential uses,
which are located to the rear of the site
and adjoin the Rural Area. Staff has
asked the applicant to indicate on the
application plan where interconnections
to the adjoining NGIC facility will be
provided. An internal pedestrian system
is provided and the applicant has
indicated a willingness to provide for
pedestrian facilities on Boulders Road.
Industrial Service designation requires appropriate
The site is an appropriate size for the
site size (+ 5 acres), arterial road accessibility, water
requested uses and will have road
and /or sewer availability, compatibility with adjacent
access, and water and sewer service.
uses. Rail access may be necessary
The uses will be supportive of the
adjoining NGIC facility and no land uses
proposed would benefit from rail access.
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion
Planning Commission 7/10/07 Board of Supervisors 8/1/07
Areas for less- intensive industrial uses may act as
Staff believes that this proposal, due to
transitional areas between commercial and industrial
the location of the site, is more
areas. Uses in these areas may not require major
appropriate for Office Service or less -
infrastructure provisions. A zoning district to
intensive industrial uses, as described
distinguish between general industrial and
above and will serve as a transition from
transitional industrial may be appropriate as an
the NGIC complex to the area to the
amendment to the zoning ordinance.
north of the site.
PINEY MOUNTAIN LAND USE PLAN RECOMMENDATIONS
Three areas of environmental sensitivity exist in the
The environmental features described
Community of Piney Mountain. The first is the area
are not located on the site proposed for
of steep slopes on the western boundary of the
rezoning. No critical slopes are located
Community; the second is the tributary stream valley
on the site and it is on the east side of
separating the industrial portion of the Community
Route 29 from the stream valley
from the residential section, west of Route 29 and;
described and not located near the North
the third is the floodplain of the North Fork of the
Fork of the Rivanna River.
Rivanna River.
An area east of Route 29 and west of the unnamed
The Albemarle County Service Authority
tributary of the North Fork of the Rivanna River is
has indicated that water and sewer
designated for Industrial Service. No development of
service is available to serve this site.
properties above what is allowable under current
ACSA estimates, based on the proposed
zoning will take place until water and sewer services
square footage and number of units
are provided to the area. Recommended water and
proposed, that sewage flow estimates
sewer improvements for the Piney Mountain
are 48,492 gallons per day and will
Community entail major system upgrades. As such,
require capacity certification from RWSA.
recommendations for this area are outlined in the
Staff is still seeking information from the
Water and Sewer section consistent with the
Albemarle County Service Authority to
Rivanna Water and Sewer Authority and the
address the issue of needed major
Albemarle County Service Authority for the provision
system upgrades to support this use.
of service to this area.
(Attachment C)
Consider development proposal for the Industrial
The applicant has adequately provided
Service area east of Route 29 under a planned
for utilities and road access and intends
development approach to allow for the coordination
to proffer the application plan for the CO
of public utilities and facilities, road access and
rezoning, so a planned development
necessary internalized support services.
approach is not necessary to achieve the
land use plan goals. The minimum
acreage requirement for Planned
Industrial Park developments is 50 acres
in size and this project is 15 acres in
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion
Planning Commission 7/10/07 Board of Supervisors 8/1/07
An undisturbed buffer area along Herring Branch
should be maintained /provided to reduce the visual
impact of the development of the Industrial Service
Area east of Route 29. Also, maintain natural buffers
on the perimeter of this site, along steep slopes and
stream valleys.
Development plans along Route 29 North are to be
sensitive to its status as an Entrance Corridor
Roadway. Due to the elevation of the Industrial
Service area east of Route 29 and its potential
visibility from Routes 29 and 600 and surrounding
areas, development of this area will be subject for
review for such visual impact.
Transportation Improvements include:
X
X
Future land development along Route 29
shall have controlled access to the roadway
This can be accomplished through joint
entrances, frontage roads, and side street
access.
Develop alternative modes of transportation
to serve the Piney Mountain Community,
particularly, large employment generating
areas. This may be accomplished through
the partnership between developers of large
employment generating areas and the
Metropolitan Planning Organization (MPO).
Access to Route 29 for the Industrial Service
Area east of Route 29 shall be limited to the
existing crossover south of the
Briarwood /G.E. Fanuc crossover. A second
access to the site for emergency purposes
should be considered during the
development review process.
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion
Planning Commission 7/10/07 Board of Supervisors 8/1/07
size.
Herring Branch is located on Tax Map
33 -1 D but does not fall within the area
proposed for rezoning. It is located north
and west of the project area.
(Attachment A and B)
The Architectural Review Board staff
reviewed this request and initially noted
that the area of the proposal is
approximately 1300' from the EC.
However, given the topography of the
site and the recommendation from the
land use plan the applicant provided site
cross sections (Sheet 6- Application Plan,
Attachment D) for staff to further
evaluate any visual impacts. Staff has
concluded that there are no concerns
and the site is not visible from the
entrance corridor.
The site will be accessed through an
extension of Boulders Road, which
currently has one signalized access point
with Route 29.
Transit service is not currently provided
to Piney Mountain and is not currently
planned. However, recent rezonings in
this area of the County have proffered to
make provisions within the development,
such as bus stops /bus pull offs, and to
provide cash proffers towards transit
service for extension to Piney Mountain
in the future.
Boulders Road will be extended to serve
the project site. The applicant has shown
the future extension of Boulders Road to
connect at Austin Drive, at the
Briarwood /GE Fanuc access. Staff has
encouraged the applicant to provide for
this right -of -way with this rezoning to
ensure the desired loop road can be
accomplished.
o Construct a park and ride facility along Route The applicant's project site does not
29 in the HollymeadPiney Mountain area. accommodate a park and ride facility.
Places 29 Master Plan
Although not yet adopted by the County, the draft master plan recommendations for this
property have been considered in review of the rezoning request. The proposal falls
within an area designated as Office /R &D on the draft Framework Plan for Places 29 and
the proposed uses are consistent with that designation. The Framework Plan, consistent
with the land use plan recommendations, also shows a desired interconnection to be
provided by extending Boulders Road in a loop fashion to intersect with Austin Drive to
the north. (see inset below) The site is adjacent to, but not included in, an area
designated for a Neighborhood Service Center and then transitions from the Office /R &D
land uses to residential.
Approx. location of
rezoning proposal.
Preferred Framework North - Public Workshop 1123107
Places 29 makes specific recommendations regarding the desired cross section for
Boulders Road adjacent to this proposal (inset below). The applicant has provided right-
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion
Planning Commission 7/10/07 Board of Supervisors 8/1/07
of -way and for the road in the general location shown on the plan, but has not as yet
provided a typical street section having the desired features. The applicant has indicated
that the application plan will be revised to provide a typical section for Boulders Road
that includes pedestrian and bike facilities.
4A Cedar Mi I I Extended between Greenbrier and 51hoppers
WoAd with Mixed -Use Frontage on Either Side
9B Cedar Miff Extended between Greenbrier and Shoppers
World with Mixed•Llse Frontage on Either Side i
Berkmar South or Rio Road W. / New Parallel Route east Eerkmar South of Rio Road W. i New Parallel Route east
of U529 North of Greenbrier ) Albemarle Square I Piney of US29 North or Greenbrier I Albemarle Square I Piney
Mountain Loop of Mixed Use Mountain Loop of Mixed Use
Neighborhood Model
The Neighborhood Model describes the more "urban" form of development desired for
the Development Areas. The applicant has indicated, due to the specific needs of the
intended user and government security regulations, it is difficult to meet the principles of
the Neighborhood Model. The site has been designed to comply with the Department of
Defense's Minimum Antiterrorism Standards for Buildings. These standards require
setbacks, or "standoff distances ", from the perimeter of the site and parking areas that
make it difficult to meet some of the neighborhood model principles.
Pedestrian An internal sidewalk system has been proposed that connects
Orientation pedestrians to the proposed office and residential buildings. However,
no pedestrian facilities are proposed for Boulders Road or to connect to
adjoining properties.
This has been discussed with the applicant, who intends to provide for
this on the application plan in expected revisions to the plan.
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion
Planning Commission 7/10/07 Board of Supervisors 8/1/07
Neighborhood
Boulders Road, as currently proposed on the application plan, is a 4-
Friendly Streets
lane divided section with no planting strip or pedestrian /bike paths
and Paths
proposed.
This principle has not been adequately met. However, as indicated the
applicant intends to provide for this with a revised typical section for
Boulders Road on the application plan.
Interconnected
The applicant is providing an interconnection with the extension of
Streets and
Boulders Road. However, no connections from the site to adjoining
Transportation
properties have been shown on the current plan. However, when the
Networks
adjoining property develops with expanded NGIC facilities, entrances
and access drives may be shared. The application plan will be revised
to reflect this.
Parks and Open
Open space and recreation areas are shown on the application plan
Space
adjacent to the proposed buildings in hatching and are accessible by
sidewalks. The recreation area is adjacent to the residential building
and features have not been specified yet, but will be based on Zoning
Ordinance requirements for the number of residential units proposed.
Open space totals 5 acres and the recreation area proposed is 0.55
acres in size. The specific amenities to be provided are not defined on
the plan but will be provided for according to the Zoning Ordinance.
Although a more central focal point of recreation for residents and
employees would be desirable, the applicant may be limited in
providing this based on government security requirements.
Neighborhood
NGIC serves as a single use employment district that this proposal
Centers
would add to, while providing added residential. The site is located
adjacent to a proposed center in the Places 29 master plan, but
currently does not relate to a Neighborhood Center.
Buildings and
Buildings are proposed for 4- stories and 3- stories in height and do not
Spaces of
relate to Boulders Road.
Human Scale
Relegated
Parking areas are located adjacent to Boulders Road and in front of
Parking
proposed buildings. However, the applicant has indicated this design is
driven by security regulations.
Mixture of Uses
The proposal allows for CO uses and a residential component is
proposed. Staff believes that the mix of uses is appropriate.
Mixture of
Apartments are the only housing type proposed and are intended,
Housing Types
initially, to serve the needs of the office building users. The applicant
and Affordability
has not yet indicated how the affordability goals of the Comprehensive
Plan will be met, but has been provided comments from the Director of
Housing and has indicated an intent to address housing affordability
with proffers.
Redevelopment
The site is currently undeveloped.
Site Planning
The project area does not have any topographic challenges and this
that Respects
principal is met.
Terrain
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion 10
Planning Commission 7/10/07 Board of Supervisors 8/1/07
Clear Boundaries The property is adjacent to the Rural Area and Zoning Ordinance
with the Rural required buffers have been provided for along the southeastern edge of
Areas the proposal.
Relationship between the application and the purpose and intent of the requested
zoning district
CO districts are intended to permit development of administrative, business and
professional offices and supporting accessory uses and facilities. The district is intended
as a transition between residential districts and other more intensive commercial and
industrial districts.
Staff advised the applicant that the CO District seemed most appropriate for the land use
program proposed and staff believes the proposal is consistent with the intent of the
district and does serve as an appropriate transitional zoning district between industrial
and residential.
Anticipated impact on public facilities and services
Streets — The development will generate an additional 2,775 trips per day as provided in
the applicant's trip generation estimates on the application plan. VDOT has indicated the
expansion of the NGIC facilities may eventually warrant a dual southbound left turn lane
off Rte. 29. VDOT indicated they have met with NGIC to discuss the needs of the
intersection with this proposed expansion and that their traffic engineering section is
currently obtaining traffic data to analyze the intersection. The applicant has indicated
on the application plan off -site improvements to Route 29 would be provided, however
further evaluation of impacts to Route 29 and discussion is still needed. VDOT provided
additional comment that the rezoning requires a traffic impact analysis, however the
applicant has requested they reconsider that based on the analysis and decisions made
when Boulders Road was initially constructed.
Schools — If developed as market residential rather than temporary housing (barracks),
the development would be expected to generate 25 students broken down as follows: 16
elementary school students, 5 middle school students, and 4 high school students.
These students would attend Baker - Butler Elementary School, Sutherland Middle
School, and Albemarle High School. The particular use of this site as "barracks" may
result in no initial impact to schools.
Fire, Rescue, Police — Fire stations serving this site are Stony Point and Earlysville
stations; with rescue and future fire facilities located nearby at the Hollymead Station.
Albemarle County 5t" Street Office Building is contains the County's Police Department,
although the police patrol all areas of the County regardless of the location of the station.
No impact to these facilities is expected.
Utilities — Albemarle County Service Authority indicates that water and sewer service is
available to the site. However, staff is still discussing the issue of capacity of sewer
service with the ACSA and will provide additional information.
Stormwater Management — The County Engineer has not indicated any concerns with
the proposed stormwater management concepts provided.
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion 11
Planning Commission 7/10/07 Board of Supervisors 8/1/07
Anticipated impact on cultural and historic resources
The submittal has been reviewed for possible impact to known historic (fifty years old or
older) architectural resources and known or potential archaeological resources with the
following comments provided by the Historic Preservation Planner:
1. The Virginia Department of Historic Resources' (DHR) Data Sharing System
(DSS) has identified Michie Farm and cemetery (DHR #002 -1440) within the
project area (see attached GIS map). A Phase I survey was conducted by CRI in
2006. Notes in the DHR file indicate the site was demolished and the cemetery
was thought to have been mistakenly identified (see attached DHR summary
report).
Based upon the information above, a copy of the Phase I survey was requested and
provided by the applicant and these resources are shown on the application plan outside
the boundaries of the rezoning.
Anticipated impact on nearby and surrounding properties
Since primarily office and residential uses are proposed, in support of one of the
adjacent properties, no negative impacts are expected to surrounding properties.
Surrounding properties are currently undeveloped, but zoning and expected future land
uses are not expected to be impacted by this rezoning's proposed office and residential
uses. The applicant has also provided for a 20' undisturbed buffer around the perimeter
of the property, based on the Zoning Ordinance requirements in Commercial Districts.
Public need and justification for the change
The change in zoning is consistent with the Industrial Service designation of the Land
Use Plan and would provide additional employment opportunities in the County, in
support of the NGIC and national defense facilities.
PROFFERS
The applicant has not yet provided proffers to demonstrate how the impacts of the
rezoning proposal would be off -set. Staff has identified and communicated to the
applicant what impacts would be appropriate to address through proffers and the
applicant has indicated that proffers will be submitted to address these comments.
Application Plan=
While an application plan has been provided, it has not yet been proffered. Staff notes
that generally the development is not in conformity with the Neighborhood Model, as it is
being designed to meet requirements of Department of Defense. Considering the
circumstances influencing this proposal, staff can accept the exceptions to the
Neighborhood Model.
Cash Proffers -
The Board of Supervisors has reviewed and endorsed moving forward with the
development of a Cash Proffer Policy. In doing so, the Board has accepted the Fiscal
Impact Committee's methodology to determine the cash impact of residential
development by dwelling unit type. Rounded off, the resulting calculated impacts that
the Board has also accepted are $17,500 per single family detached unit, $12,400 per
apartment unit and $11,900 per townhouse /condominium unit. It was also the
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion 12
Planning Commission 7/10/07 Board of Supervisors 8/1/07
consensus of the Board that, with the exception of affordable dwelling units, all new re-
zonings will pay for the equivalent of their full impact as determined by the cash proffer
calculations applied to the accepted per unit rates. Based on the number of apartments
(120) proposed in this project, an amount of $1,488,000 has been calculated as the cash
impact amount. If 18 units, or 15% of the total number of units proposed, are provided to
meet the affordable housing policy, then $1,264,800 would be the cash impact amount.
The applicant has not yet proffered to address impacts of the residential component of
this project as they are providing it as part of the temporary housing (barracks)
requirements of their lease with the Federal Government. However, the applicant
indicates they will provide a proffer to meet the cash proffer expectations of the County
at such time that the lease terminates and the units are available as standard marked
units.
Affordable Housing-
This project has been discussed with the Housing Director, who believes, based on
information to date, that the project is subject to the County's adopted Affordable
Housing policy. The policy recommends that 15% of the total number of proposed units
be provided as affordable or comparable contributions are made either cash or cash -
equivalent . In this project, which proposes120 units ,18 units should be provided as
affordable or, based on current operating policy, the amount of $19,100 should be
provided for each of the 18 units based on an amount calculated as 6.5% of the VHDA
Maximum Loan /Sales Price Limit for its first -time homebuyer programs.
The difficulty with this project is that initially the residential units are associated with the
applicant's lease with the Federal Government to provide temporary housing and will not
be available to the open market. The Housing Director is not prepared to make any other
recommendations until the applicant's intent and any potential third -party control of the
units are clarified. However, if the applicant prepares a proffer that would commit to
future affordability of the units beginning at such time that the units are uncontrolled and
are available to the open market, or provides for a cash or cash - equivalent contribution
consistent with the calculation previously mentioned, such a proffer would likely meet the
intent of the County's Affordable Housing Policy. The applicant has indicated a
willingness to provide such a proffer.
Transportation —
Proffers should be made to address impacts to Route 29 and to provide for the off -site
extension of Boulders Road. The applicant has noted that the turn lanes and any
requested improvements by VDOT will be made to Route 29, when warranted. Staff is
still working with the applicant to provide direction in terms of Route 29, based on
VDOT's request for a traffic impact analysis. The applicant has indicated a willingness to
address transportation impacts in the form of proffers.
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion 13
Planning Commission 7/10/07 Board of Supervisors 8/1/07
Staff Comment on SP 07 -31- Request for R15 Residential Uses in the CO
Commercial Office District
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance as
follows:
31.2.4.1: Special Use Permits provided for in this ordinance may be issued
upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property,
No detriment to adjoining properties is anticipated from the requested residential
uses.
that the character of the district will not be changed thereby and
The project site is in a currently undeveloped area but the proposed office
buildings and apartment building will not be out of character, based on the
existing NGIC facility and anticipated Neighborhood Service center and other
future land uses.
that such use will be in harmony with the purpose and intent of this
ordinance,
In the opinion of staff, the proposed use is supportive of the purpose and intent as
described in the Zoning Ordinance with regard to special use permit requests.
with uses permitted by right in the district,
Uses allowed by -right in the CO District include a range of primarily office and
civic uses. The proposed apartments would not be in conflict with any of these
uses and the project has been designed from the on -set to coordinate the office
and residential buildings on the site.
with the additional regulations provided in section 5.0 of this ordinance,
No additional regulations apply to residential uses. The residential uses are
subject to Chapter 18 -R15 zoning district regulations.
and with the public health, safety and general welfare.
The public health, safety, and general welfare of the community are protected
through the special use permit process which assures that the proposed uses
are appropriate in the location requested. There are no safety concerns with the
proposed residential uses.
Staff Comment on SP 07 -32 for Research and development activities including
experimental testing and Laboratories, medical or pharmaceutical.
Since the site proposed for rezoning is intended to provide for employment generating
land uses, staff advised the applicant to preserve future opportunities for additional land
uses while requesting this rezoning. Therefore, the applicant is requesting this special
use permit for research, development, and lab uses now. The applicant does not have
any specific users identified at this time. However, it is not uncommon for the County to
approve the opportunity for these uses in advance of specific users being known, such
as the Fontaine Research Park for example.
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion 14
Planning Commission 7/10/07 Board of Supervisors 8/1/07
Staff will address each provision of Section 31.2.4.1 of the Zoning
Ordinance as follows:
31.2.4.1: Special Use Permits provided for in this ordinance may be issued
upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property,
No detriment to adjoining properties is expected.
that the character of the district will not be changed thereby and
The project site is in a currently undeveloped area but the proposed research
and lab uses would not out of character with office and the nearby residential
uses.
that such use will be in harmony with the purpose and intent of this
ordinance,
In the opinion of staff, the proposed use is supportive of the purpose and intent as
described in the Zoning Ordinance with regard to special use permit requests.
with uses permitted by right in the district,
The proposed use would compliment nearby proposed office uses.
with the additional regulations provided in section 5.0 of this ordinance,
There are no supplemental regulations in Section 5.0 of the Zoning Ordinance
for this use.
and with the public health, safety and general welfare.
There were no particular concerns identified at this time. Typically, applicants are
required to provide a certified engineers report at the site plan or zoning clearance stage
for any research, development, or lab uses so that any concerns can be addressed. This
is a recommended condition of approval for the special use permit.
SUMMARY:
Staff has identified the following factors favorable to this rezoning and special use
permits requested:
1. The rezoning and special use permits are consistent with the Land Use Plan.
2. The applicant has provided for the extension of Boulders Road, a desired loop
road to Route 29 as shown in the Places 29 draft master plan.
Staff has not identified factors unfavorable to this request:
1. VDOT has requested a traffic impact analysis and staff is still awaiting comments
from VDOT on whether that will still be required. The applicant would like to
address traffic impacts through proffers.
2. Boulders Road, as proposed on the application plan, does not include a typical
section that accommodates pedestrians. A proposed typical section should be
provided that indicates features such as sidewalk, bike lanes, etc along with
design standards for the Development Areas. The applicant has indicated this
will be provided.
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion 15
Planning Commission 7/10/07 Board of Supervisors 8/1/07
3. The applicant has not yet provided proffers that address the following:
o The Board of Supervisors' cash proffer policy per residential unit;
o Affordable Housing policy;
o Proffer the application plan;
o Proffers to address specific transportation improvements and their timing,
based on requests from VDOT and the County.
However, the applicant has indicated they intend to provide proffers and an application
plan to address these outstanding issues listed.
RECOMMENDED ACTION:
ZMA 2007 -003
Staff cannot recommend approval without a proffered application plan and
proffers that address the project's impact. However, the applicant has indicated
they will provide necessary revisions to the application plan and proffers to
address all outstanding issues listed above. Should the applicant provide a
proffered application and proffers in a form that addresses the substantive
issues and are technically and legally acceptable, then staff could support the
project.
Staff recommends the following conditions of approval for the requested special
use permits, should the rezoning be approved:
SP 2007 -031
1. A maximum number of 120 apartment units shall be permitted.
SP 2007 -032
1. Future research, development/laboratory tenants will be subject to approval of a
certified engineer's report prior to final site plan approval or occupancy,
depending on timing.
2. If any discharge of other than domestic wastes into the public sewer system is
expected, the ACSA shall be so notified prior to site plan approval.
ATTACHMENTS
Attachment A — Location Map - Aerial
Attachment B — Zoning Map
Attachment C — Albemarle County Service Authority comments from Gary Whelan, dated April
24, 2007
Attachment D- VDOT comments from Joel Denunzio, letter dated April 27, 2007 and e-mail
dated June 28, 2007
Attachment E- NGIC Expansion Project, Application Plan for Zoning Map Amendment ZMA
2007 -003, dated June 12, 2007, prepared by Collins Engineering
Attachment F — Proffer Statement, NGIC Expansion, dated July 2, 2007 [Not yet reviewed by
staff at the time of this report and more information may be provided at the Commission's July 10,
2007 meeting.]
Attachment G — NGIC Expansion Project, Application Plan for Zoning Map Amendment ZMA
2007 -003, prepared by Collins Engineering, revised Exhibit 3- Application Plan, Sheet 3 of 6,
received July 2, 2007
[Not yet reviewed by staff at the time of this report and more information may be provided at the
Commission's July 10, 2007 meeting.]
ZMA 07 -03; SP 07 -31 & 32 NGIC Expansion 16
Planning Commission 7/10/07 Board of Supervisors 8/1/07