Loading...
HomeMy WebLinkAboutZMA200900001 Staff Report 2012-08-09COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 200900001, 5" St. -Avon Staff: Claudette Grant Center Amendment and SP 201000003, 5th St._ Avon Center Parking Structure Planning Commission Public Hearing: Board of Supervisors Public Hearing: July 31, 2012 To be Determined Owner(s): New Era Properties, LLC and Avon Applicant: New Era Properties, LLC and Avon Holdings, LLC Holdings, LLC with Valerie Long of Williams Mullen as the contact. Acreage: 81.94 acres Rezone from: PD -SC, Planned Development Shopping Center with proffers to PD -SC with amended proffers, amended plan and amended development framework. A special use permit is proposed under Section 25.2.2(3) of zoning ordinance for a parking structure. TMP: 076M10000002A0, 076M10000002B0, By -right use: The PD -SC district allows shopping 076M 1 0000004A and 0770000000011 EO centers, retail sales and service uses; residential by Location: Northeast quadrant of Interstate 64 and special use permit at a density of (15 units/acre). Fifth Street Extended (Route 631) interchange, bounded on the east by Avon Street Extended. Access is via Bent Creek Road. (Attachments A and B) Magisterial District: Scottsville Proffers: Yes Proposal: To amend the proffers, application plan, Requested # of Dwelling Units: None and development framework of approved rezoning ZMA200600009. A special use permit is proposed under Section 25.2.2(3) of Zoning Ordinance for Parking Structure. No dwellings proposed. (Attachment C) DA (Development Area): Neighborhoods 4 and 5. Comprehensive Plan Designation: Community Service/Mixed Use -community -scale retail wholesale, business and medical offices, mixed use core communities and/or employment services, and residential 6.01-34 units/acre Character of Property: The majority of the site is Use of Surrounding Properties: Commercial uses undeveloped with woodlands. An access road and such as fast food restaurants are located adjacent in the former Grand Piano warehouse building are the City. Industrial and commercial uses are located both located on this property. An old landfill was adjacent to the site along Avon Street. The Willoughby located on the eastern portion of the site. residential subdivision is located nearby as well as Interstate -64. Factors Favorable: Factors Unfavorable: 1. Bent Creek Parkway (Connector Road) will be 1. The proposed application plan does not provide extended to connect 5t" St. and Avon St. sufficient detail regarding proposed buildings 2. Development of the property as a shopping location and architecture to assure consistency center is consistent with the land use with the form recommended in the recommendations of the Comprehensive Plan. Comprehensive Plan. It should be noted that the 3. Funding towards construction of greenway and currently approved plan for the development of provision of transit service as recommended in this property also does not meet all expectations the Comprehensive Plan is provided. of the Comprehensive Plan regarding form, 4. Provides shopping and service alternatives for although it does provide more specificity as to the residents in this portion of the County and architecture, building locations and building scale City. in particular areas. 5. Will provide employment opportunities and tax 2. Commitments are substantially decreased from ZMA 2009-00001, 5 1 Street -Avon Center, SP 2010-00003, 5rh Street -Avon Center Parking Structure Planning Commission Public Hearing, July 31, 2012 Staff Report, Page 1 revenues to the County. 3. 4. 5. 6. 7. the prior rezoning with revised proffers for the Willoughby pedestrian bridge and trail and transit (either due to offers of cash instead of construction or a reduction in the total amount of funding offered for certain impacts). The proffers are in need of technical revisions. While a work plan with DEQ for the remediation of the former City landfill is proffered, there remain outstanding issues regarding the proffer commitment. Stormwater facilities are shown in the floodplain. Special use permit for fill in the floodplain is still needed for stream crossings to assure the development can take place. Development Framework needs technical revision. RECOMMENDATION: There remain several outstanding issues related to this rezoning, but staff can recommend approval if the following are addressed: 1. The outstanding technical issues with proffers are fixed. 2. Stormwater/BMP facilities that are shown in the floodplain on the application plan are removed from the floodplain. 3. Development Framework is revised to not include items that are already applicable per the Zoning Ordinance. 4. Landfill remediation commitment is made as recommended by Zoning staff. 5. Additional funding is committed to adequately cover the anticipated cost of the Willoughby pedestrian bridge and trail. Staff finds the special use permit request for a parking structure consistent with the provisions of the Zoning Ordinance and the Comprehensive Plan and recommends approval of SP201000003 without conditions. Staff recommends deferral of the critical slopes decision to be determined during the site plan process when specific details regarding the development will be available. ZMA 2009-00001, 5 1 Street -Avon Center, SP 2010-00003, 5rh Street -Avon Center Parking Structure Planning Commission Public Hearing, July 31, 2012 Staff Report, Page 2 STAFF PERSON: Claudette Grant PLANNING COMMISSION: July 31, 2012 BOARD OF SUPERVISORS: To Be Determined ZMA 2009-00001, 5t" St. - Avon Center SP 2010-00003, 5t" St. - Avon Center Parking Structure PETITION PROJECT: ZMA 2009-01/5th Street -Avon Center PROPOSAL: To amend the proffers, application plan and development framework of approved rezoning ZMA2006-00009, (changed to include application plan and development framework) which rezoned 81.94 acres. PD -SC - Planned Development Shopping Center zoning district allows shopping centers, retail sales and service uses; and residential by special use permit (15 units/acre). Approx. 470,000 sq. ft. of commercial uses proposed. PROFFERS: Yes EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Community Service/Mixed Use - community -scale retail wholesale, business and medical offices, mixed use core communities and/or employment services, and residential (6.01-34 units/acre) Neighborhoods 4 & 5 ENTRANCE CORRIDOR: Yes LOCATION: Northeast intersection of Interstate 64 and Fifth Street Extended (Rt 631), bounded on the east by Avon Street Extended. Access is Bent Creek Road. TAX MAP/PARCEL: TMP076M10000002A0, 076M10000002B0, 076M10000004A, and 0770000000011EO MAGISTERIAL DISTRICT: Scottsville PROJECT: SP2010-000003/5th Street - Avon Center - Parking Structure PROPOSED: Parking Structure ZONING CATEGORY/GENERAL USAGE: PD -SC Planned Development Shopping Center - shopping centers, retail sales and service uses; and residential by special use permit (15 units/ acre) SECTION: 25.2.2(3) Parking Structure COMPREHENSIVE PLAN LAND USE/DENSITY: Community Service/Mixed Use -community -scale retail wholesale, business and medical offices, mixed use core communities and/or employment services, and residential (6.01-34 units/acre) Neighborhoods 4 & 5 ENTRANCE CORRIDOR: Yes LOCATION: Northeast intersection of Interstate 64 and Fifth Street Extended (Rt 631), bounded on the east by Avon Street Extended. Access is Bent Creek Road. TAX MAP/PARCEL: TMP076M10000002A0, 076M10000002B0, and 076M10000004A MAGISTERIAL DISTRICT: Scottsville CHARACTER OF THE AREA The property is located at the Northeast corner of the intersection of Interstate 64 and Fifth Street Extended (Route 631). It is located in the Development Area and surrounded by a significant amount of development. The property has an existing warehouse building on it, but is otherwise undeveloped with woods and the Moore's Creek. Uses adjacent to the site include commercial uses such as fast food restaurants and gas stations. The Willoughby residential subdivision is also located nearby as well as Interstate -64. SPECIFICS OF THE PROPOSAL The applicant proposes to amend the proffers, application plan, and development framework that were approved with ZMA200600009 on May 12, 2008. The proffers, application plan and development framework have been revised in order to make development of this project more cost ZMA 2009-00001, 5'h Street -Avon Center, SP 2010-00003, 5t" Street -Avon Center Parking Structure Planning Commission Public Hearing, July 31, 2012 Staff Report, Page 3 effective and viable to construct. The result of this change would be to provide greater flexibility for the location of buildings, associated parking and structures than previously provided with the approved zoning. The connector road commitment remains as proposed with ZMA200600009, providing an inter -connection between Fifth Street Extended (Route 631) and Avon Street Extended (Route 742). The maximum square footage of gross floor area (sfgfa) for all uses in the total project area remains unchanged at 470,000 sfgfa. The zoning district remains PD -SC. The development framework is now incorporated into the Application Plan and describes the expected uses, design elements and other additional details for the development. The proposed framework is similar to the approved one, but now lacks expected design characteristics and provides less specificity regarding the final location of uses and buildings within sections of the development. The framework also includes items that are already covered by the Zoning Ordinance. A special use permit has been concurrently submitted with the rezoning amendment requesting to allow a parking structure within this development. (See Attachment C: Application Plan) Staff comments regarding this proposal that are also addressed in this report are more specifically detailed in Attachment D. The applicant has requested the Planning Commission public hearing in lieu of receiving these comments and responding prior to a public hearing. APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant has explained that the approved proffers are too restrictive for this site and require the owner/perspective tenants to make financial and other commitments that will be difficult, if not impossible, for them to implement. The applicant has acknowledged a lease commitment from a large tenant for this development, but indicates there has been difficulty getting potential tenants to commit to the specific buildings and locations within the site as required under the current zoning. As a result, the application plan has been revised to provide more flexibility in how the site gets developed and is not as definitive in terms of building locations in order to allow flexibility of site development for tenants. The applicant believes these changes will make the site more marketable to prospective tenants. The applicant believes they will provide the following benefits to the Albemarle County community: The construction and interconnection of Bent Creek Parkway (Connector Road). The implementation of the DEQ approved work plan for the former City landfill and remediation of this landfill. Build a commercial development that will generate substantial revenue, and provide shopping opportunities and alternatives for residents in the southern portion of the County, thus alleviating some traffic issues in other portions of the County. PLANNING AND ZONING HISTORY The western portion of the property is part of the original Willoughby farm, and in the 1960's and 1970's it was designated for a major shopping center. From 1975-85 it was part of the Willoughby Planned Unit Development. In 1985, ZMA 85-15 was approved with proffers, rezoning 49.377 acres to LI. In 1989, ZMA 89-14 was approved with proffers, adding 4.516 acres to the LI district. During the 1995-96 review and update of the Land Use Plan, the recommendation for Industrial Service remained unchanged. In 1997 a Comprehensive Plan Amendment was requested from Industrial Service to Regional Service (the Brass, Inc. proposal, CPA 97-05). After a series of public meetings and joint sessions with the City of Charlottesville, the Planning Commission recommended to the Board of Supervisors a designation of Community Service/Mixed Use. The Board subsequently further refined the recommended Comprehensive Plan language, and was prepared to adopt it at its September 15, 1999 meeting. Prior to the meeting, the applicant withdrew the project and the recommended language was never adopted. ZMA 2009-00001, 5 1 Street -Avon Center, SP 2010-00003, 5'h Street -Avon Center Parking Structure Planning Commission Public Hearing, July 31, 2012 Staff Report, Page 4 On July 8, 2003, a revised Comprehensive Plan Amendment (CPA 03-02) was submitted and the Planning Commission held the first of three worksessions regarding the request. The revised request included the Avon Street and Grand Piano property, which expanded the project area by 30.48 acres. The Avon Street property was formerly the City landfill. At its meeting on September 8, 2004, the Board of Supervisors adopted Comprehensive plan language to be added to the Neighborhood 4 Profile. This property is currently designated Community Service/Mixed Use in the Comprehensive Plan. After a series of worksessions and public hearings, the Board of Supervisors approved ZMA200600009, 5th Street -Avon Center and SP200700004, 5th Street -Avon Center Parking Structure on March 12, 2008. This rezoning allowed a regional scale shopping center to be developed. CONFORMITY WITH THE COMPREHENSIVE PLAN Land Use Plan: The Comprehensive Plan Land Use Plan designates the project area as Community Service/Mixed Use. The intent of this designation is to fulfill a "town center" role by providing a commercial and employment focal point within Neighborhoods 4 and 5. There are some commercial uses to the immediate west in the City and existing residential neighborhoods nearby. Neighborhoods 4 and 5 do not have a "commercial center." While the primary intent for this area is to provide retail and employment opportunities, a diversity of other uses such as industrial/light industrial, residential, and public amenities could also be considered as appropriate for this site. Maintaining this area's compatibility with the scale and character of the adjacent and nearby City and County neighborhoods is important. The Comprehensive Plan also explains that because of the location of this property between three entrance corridors and at the confluence of Biscuit Run and Moore's Creek, this site is of high aesthetic and environmental sensitivity and importance. Open Space Plan: The Open Space Plan identifies major and locally important stream valleys and adjacent critical slopes as significant environmental resources located on this site. There are also floodplains, wooded areas and sensitive soils located on the property as well. The plan shows a stream valley trail/greenway adjacent to Moore's Creek. The trail is located around the border or outer edges of the site and wraps around the west and north sides of the site. Protection of these environmental resources is an important element of the Comprehensive Plan Amendment. Neighborhood Model: Because there are specific recommendations in the Comprehensive Plan regarding this area, amended into the Plan in 2004, the principles of the Neighborhood model are not fully applicable to this development. Principles that are generally provided for include some pedestrian accommodations, interconnected streets and transportation networks, parks and open space, and neighborhood centers. Attachment E compares how the approved and proposed rezoning requests conform to the Comprehensive Plan recommendations relevant to this proposal. Summary: In general, staff believes the proposal is consistent with the Comprehensive Plan recommendations for this site regarding proposed land uses and "public" improvements, specifically the construction of the connector road, greenway, open space and wooded buffers (along EC Corridors),and provision of transit (although the funding commitment to transit has been significantly reduced) . The new proposal provides less detail as to expected form of development which reduces the assurance that the desired form will be provided (relegation of parking from street, ZMA 2009-00001, 5 1 Street -Avon Center, SP 2010-00003, 5rh Street -Avon Center Parking Structure Planning Commission Public Hearing, July 31, 2012 Staff Report, Page 5 building orientation to streets, and a site design that fosters a higher level of pedestrian orientation within the overall site than would occur under a conventional form of commercial development). In addition, the lack of specific detail regarding site development and building/ parking locations makes it difficult at this time to determine the ultimate impact of site development to the Entrance Corridors. It should be noted that the currently approved plan for the development of this property also does not meet all expectations of the Comprehensive Plan regarding the form of development. Economic Vitality Action Plan The primary goal of the County's Economic Vitality Action Plan is to: Increase the County's economic vitality and future revenues through economic development by expanding the commercial tax base and supporting the creation of quality jobs for local residents. This Plan is developed for the benefit and economic well being, first, of current local residents and existing local businesses. The proposed 5th Street - Avon Center (shopping center) would support the Plan by providing additional employment, retail, office, and service uses for the residents who live in this portion of the County. STAFF COMMENT Relationship between the application and the purpose and intent of the requested zoning district: The following section is an excerpt from the Zoning Ordinance: Planned Development Shopping Center (PD -SC) Districts are intended to provide for the development of neighborhood, community and regional shopping centers. Developments with a broad range of commercial and service facilities are encouraged within planned commercial centers with carefully organized buildings, service, parking, and landscaped areas. The PD -SC district should have direct access to public streets and be able to accommodate the traffic generated by the development. This project is consistent with the intent of the PD -SC district as the proposed commercial uses within this development will provide appropriate services and activities on a neighborhood, community and regional scale and provides through access to both 5th St. and Avon St. A special use permit under Section 24.2.2(3) of zoning ordinance for a parking structure is needed for the shopping center facility. Staff opinion is that the use of a structure is consistent with the Comprehensive Plan and the zoning ordinance, and is an appropriate use for this site. Staff believes this proposal meets the intent of the PD -SC. Public need and justification for the change: The County's Comprehensive Plan supports development in the designated development areas that is consistent with use, density, and form recommended in the Plan. The addition of a shopping center in this portion of the County would be beneficial for residents who live in this portion of the County by providing shopping opportunities not currently available. Impact on Environmental, Cultural, and Historic Resources: The applicant has provided proffers that address many of the environmental and historic impacts. However, the following environmental issues remain a concern: The critical slopes waiver request that was submitted is based on a different application plan than what is now a part of this proposal. The important elements for evaluation of a critical slopes waiver are not specifically shown, leaving insufficient information for the engineering ZMA 2009-00001, 5 1 Street -Avon Center, SP 2010-00003, 5rh Street -Avon Center Parking Structure Planning Commission Public Hearing, July 31, 2012 Staff Report, Page 6 staff to review the waiver request. Engineering and Planning staff believe the critical slopes waiver request will be best reviewed when specific details of the plan are provided during the site plan review process. (See Attachment 1) The Comprehensive Plan Amendment is very clear with regard to the need for protecting, to the extent possible, the floodplains, streams and wooded areas located on this site. Proffers have been provided regarding a commitment to build the connector road from Fifth Street to Avon Street. The Bent Creek connector road crosses the 100 year floodplain in at least one location, including the crossing of Moores Creek. A special use permit will be needed for fill in the floodplain, as an upgrade to the existing bridge over Moore's Creek will be needed, and potentially for a second stream/floodplain crossing. The applicant has not submitted a special use permit application for this work. It is preferable to review special permits which are needed to develop in conjunction with the associated rezoning request; however this is not a requirement of the County. Staff notes that any approval of the rezoning does not assure approval of the special use permit for work in the floodplain. Stormwater facilities are shown within the floodplain. Staff does not believe stormwater facilities should be located in the floodplain and the application plan should be revised to not show stormwater facilities in the floodplain. The proffers specifically describe the need for a work plan with DEQ inclusive of a landfill remediation plan. Although the work plan is not needed in conjunction with this rezoning amendment request, it is still in need of resolution as explained on page four (4) in Attachment D. There are no impacts on cultural resources. Anticipated impact on public facilities and services: Streets - The primary impact will be on Fifth Street and Bent Creek Road in the City of Charlottesville and Avon Street. The applicant has provided proffers intended to address the impacts to these streets. These generally address impacts that need to be addressed with this rezoning. It should be noted that there are road design matters that will need to be addressed with site development. See Attachment D for City comment and Attachment F for VDOT comment. Schools: No residential units are proposed, so no impacts are expected on the schools. Fire and Rescue: A portion of the site (eastern boundary) is covered by the Monticello Fire/Rescue Station off Mill Creek Drive, and the majority of the site will be covered by the City Fire/Rescue station. Utilities' The site will be serviced by public water and sewer. The following comments have been identified by Rivanna Water and Sewer Authority (RWSA): Section 7 of the proffers (Moores Creek Erosion and Buffer Projects) for the above project describes work which would include stream bank restoration and stream channel stabilization. This work would likely have significant impact on the existing RWSA Interceptor, which is located along the north bank of Moores Creek. The proffers mention an "Exhibit A" prepared by CH2MHill in 2004, which shows the areas within the Property on the City side of Moore's Creek which would be impacted by the erosion and buffer projects. RWSA understands that a scope and schedule will be submitted with the first final site plan ZMA 2009-00001, 5th Street -Avon Center, SP 2010-00003, 5th Street -Avon Center Parking Structure Planning Commission Public Hearing, July 31, 2012 Staff Report, Page 7 submission. RWSA would like to have as much information about this project as soon as possible so that RWSA can resolve any conflicts early in the site plan review process. Albemarle County Service Authority (ACSA) comments are attached (Attachment G). Anticipated impact on nearby and surrounding properties: Surrounding properties are already experiencing a change in character with new development that has occurred in this area. The existing Willoughby subdivision located to the north of the Fifth Street -Avon Center project will experience the changes of this site's wooded character with development under the prior approved rezoning as well as this proposal. This amendment to the zoning does not substantially change the overall development envelope or the open space features provided between the Willoughby subdivision and the developed portions of the site from that approved with the prior rezoning. Because of the lack of specificity regarding building locations, it is possible that some buildings may be constructed somewhat closer to the Bent Creek connector road, but the same open space and greenway areas are still provided on the proposed plan as were shown on the previously approved plan. This portion of the County will experience more traffic with the proposed 5th Street -Avon Center development. However, anticipated proffers, proximity to Interstate 64, an additional interconnected road with other transportation systems/networks, such as bike/ped options, will help alleviate major transportation impacts. U -Tel aa=1_4;? The applicant has provided revised proffers. (See Attachment H) Many of the proffer revisions have been provided for clarification and technical fixes. The following describes major changes to the proffers: Proffer 1. C. Bent Creek Parkway from Bent Creek Road to Avon Street (Excluding the Landfill Segment): This proffer continues to describe that the Owner intends to construct the Parkway to be a rural section in design without curb and gutter. Revisions to this proffer provide that the Owner will construct the Parkway as an urban cross section with curb and gutter if VDOT does not approve the Parkway as a the rural section without curb and gutter or if the County Board of Supervisors does not grant any waiver allowing the Parkway to be a rural section without curb and gutter. This proffer is also revised to say once the owner completes the portion of Bent Creek Parkway which excludes the landfill segment the Owner shall dedicate this portion of the Parkway as a public road within sixty days after the written request of the County. The approved proffer dedicated the same section of Bent Creek Parkway with the approval of the initial final site plan for the Property. Proffer 1. D. 6. Remediation and reopening in the event of closure: Language has been added to allow the businesses to continue operating in the event the Landfill Segment of Bent Creek Parkway is temporarily closed. Proffer 1. F. 3. Transportation Proffers Compliance: The City of Charlottesville expressed concern that the approved proffer said that the Owner is not required to acquire right-of-way or otherwise pay for right-of-way in the City for improvements. The proffer is revised to say that the owner will reimburse the City of its costs if the City acquires right-of-way in the City for improvements. Proffer 2. Greenway Dedication: Instead of the Owner constructing and dedicating the Greenway trail as shown on the Application Plan to the County, this proffer has been revised to permit ZMA 2009-00001, 5 1 Street -Avon Center, SP 2010-00003, 5rh Street -Avon Center Parking Structure Planning Commission Public Hearing, July 31, 2012 Staff Report, Page 8 construction of the trail by the County with funds proffered to the County. Parks and Recreation staff have commented that this change is acceptable. Proffer 3. Dedication for Greenway Park; Cash Contribution for Greenway Trail, Greenway Park and Bike/Pedestrian Master Plan: Instead of the Owner submitting a master plan for and constructing a Greenway Park and Bike/Ped system, this proffer has been revised to describe the Owner providing a cash contribution to the County in the amount of $250,000 for funding the construction of the Greenway Trail, master plan for the development and construction of the Greenway Park and a Bike/Pedestrian system. Parks and Recreation staff have commented that this change is acceptable. Proffer 4. Cash Contribution for Pedestrian Link to Willoughby Subdivision: Instead of the owner constructing the "Willoughby Link", this proffer has been revised to commit the owner to provide a cash contribution to the County in the amount of $25,000 for construction by the County of a pedestrian path or trail connecting the development to the Willoughby Subdivision. This is a concern for staff as the cost of such a connection is estimated to be approximately $100,000. Proffer 5. Tree Conservation Areas: The approved proffer stated that the Owner would replace trees that must be removed in the areas shown on the plan as Conservation Areas that lie within the Greenway Park. At one time prior to the rezoning approval, there was a plan that showed the Greenway Park located in the Conservation Area. The Greenway Park was relocated prior to the rezoning approval to the location shown on the application plan out of the conservation area. The applicant and staff realized that this proffer language was no longer applicable and the proffer has been revised accordingly. Proffer 6. LEED Standards: for Core & Shell Development: Generally, this proffer language has been revised to be appropriately updated with changes in the industry. Proffer 8. Former Landfill Site; Work Plan; Department of Environmental Quality: This proffer has not been changed. However, staff has recommended that the applicant revise this proffer to include County Engineer review and approval of the landfill work plan. DEQ has explained that the landfill area is an unregulated landfill and is not subject to full regulation under the landfill closure standards. The County is requesting the applicant to treat the landfill area according to the requirements of the County Zoning Ordinance (Section 5.1.28(a) (4)) standards, which is normal County procedure for projects of this type. (See page four (4) of Attachment D for additional details) Proffer 10. B. and C. Stormwater Quality Management and Revegetation: This proffer has been revised to be in accordance with the County's Water Protection Ordinance and the revised Application Plan. The concern with this proffer is that the stormwater/BMP facility is shown in the floodplain which is not supported by staff. Proffer 10. D. Rainfall Harvesting and Roof Design: This proffer has been revised to replace the requirement for at least 25% of the roofs within the Project to employ extensive green roofs with a requirement for rainfall harvesting elements and the use of energy efficient roofing materials for all buildings within the Project. This revision will be easier for the applicant to fulfill. Proffer 11. Architectural Guidelines: This proffer has been eliminated in lieu of the ARB guidelines, which cover the major elements described in the proffer. Proffer 12. Transit Funding: The approved proffer described the Owner making a cash contribution to the County after the provision of public transit service to the Property. The funding for this proffer was to be made through assessments administered by the Owner based on twenty cents ($.20) per ZMA 2009-00001, 5 1 Street -Avon Center, SP 2010-00003, 5rh Street -Avon Center Parking Structure Planning Commission Public Hearing, July 31, 2012 Staff Report, Page 9 square foot of net rentable commercial space per year and adjusted annually which would help fund on-going service. The revised proffer describes the Owner contributing a one-time $100,000 cash contribution to the County prior to the issuance of the first Certificate of Occupancy within the Project which will not pay for on-going service. The applicant justifies this change as being equivalent to commitments for public transit made to the County with other projects. This amount is consistent with the Albemarle Place/Stonefield proffer. Charlottesville Area Transit (CAT) has not otherwise commented regarding this reduction. Proffer 13. Phasing of Development: This proffer has been eliminated since the development was not proposed to be phased. Proffer 13. Architectural Consistency: This proffer replaces the previous proffer 13 and describes that buildings within the Project will have a consistent architectural theme. One additional proffer request that has not been provided regards the Monticello viewshed. The Thomas Jefferson Foundation, Inc. (The Foundation) has requested the applicant consider following the Monticello viewshed Guidelines as this site would be most visible from Montalto. The County has previously requested applicants to consider proffers regarding the Monticello viewshed Guidelines for projects located in the Pantops area of the County and visible from Monticello. Because this site is not visible from Monticello, staff has not noted that this proffer is necessary. (See Attachment D, pages 5-6) SUMMARY Staff has identified the following factors, which are favorable to this rezoning request: 1. Bent Creek Parkway (Connector Road) will be extended to connect 5th St. and Avon St. 2. Development of the property as a shopping center is consistent with the land use recommendations of the Comprehensive Plan. 3. Funding towards construction of greenway and provision of transit service as recommended in the Comprehensive Plan is provided. 4. Provides shopping and service alternatives for the residents in this portion of the County and City. 5. Will provide employment opportunities and tax revenues to the County. Staff has found the following factors unfavorable to this rezoning: 1. The proposed application plan does not provide sufficient detail regarding proposed buildings location and architecture to assure consistency with the form recommended in the Comprehensive Plan. It should be noted that the currently approved plan for the development of this property also does not meet all expectations of the Comprehensive Plan regarding form, although it does provide more specificity as to architecture, building locations and building scale in particular areas. 2. Commitments are substantially decreased from the prior rezoning with revised proffers for Willoughby pedestrian bridge and trail, and transit (either due to offers of cash instead of construction or a reduction in the total amount of funding offered for certain impacts). 3. The proffers are in need of technical revisions. 4. While a work plan with DEQ for the remediation of the former City landfill is proffered, there remain outstanding issues regarding the proffer commitment. 5. Stormwater facilities are shown in the floodplain. 6. Special use permit for fill in the floodplain is still needed for stream crossings to assure the development can take place. Development Framework needs technical revision. RECOMMENDATION There remain several outstanding issues related to this rezoning, but staff can recommend approval if the following are addressed: ZMA 2009-00001, 5 1 Street -Avon Center, SP 2010-00003, 5rh Street -Avon Center Parking Structure Planning Commission Public Hearing, July 31, 2012 Staff Report, Page 10 1. The outstanding technical issues with proffers are fixed. 2. Stormwater/BMP facilities that are shown in the floodplain on the application plan are removed from the floodplain. 3. Development Framework is revised to not include items that are already applicable per the Zoning Ordinance. 4. Landfill remediation commitment is made as recommended by Zoning staff. 5. Additional funding is committed to adequately cover the anticipated cost of the Willoughby pedestrian bridge and trail. Staff finds the special use permit request for a parking structure consistent with the provisions of the Zoning Ordinance and the Comprehensive Plan and recommends approval of SP201000003 without conditions. Staff recommends deferral of the critical slopes decision to be determined during the site plan process when specific details regarding the development will be available. Staff Comment on SP 201000003 -Request for Parking Structure Use in the PD -SC Planned Development Shopping Center District Section 31.6 of the Zoning Ordinance below requires that special use permits be assessed as follows: Will the use be of substantial detriment to adjacent property? The proposed parking structure use is not expected to have extreme impacts on the adjacent properties. The exact location of the parking structure is not known but will be within the buildable areas. The parking structure use may create some elevated noise when in use, but probably not any more than the adjacent highway. Will the character of the zoning district change with this use? A parking structure use in a shopping center is not believed to change the character of the PD -SC zoning district. The use of a parking structure in many ways is a complimentary use for a shopping center. It is somewhat minimal in nature and can alleviate the sea of parking created from a large surface parking lot. Will the use be in harmony with the purpose and intent of the zoning ordinance? The PD -SC district has characteristics that tend to be large scale commercial in nature. A parking structure use is in keeping with a shopping center. The proposed parking structure use is in harmony with the purpose and intent of the zoning ordinance. Will the use be in harmony with the uses permitted by right in the district? This area contains a wide mix of existing uses; some small to medium scale strip commercial development and some residential uses. The parking structure use seems appropriate with the permitted by right uses in the district. Will the use comply with the additional regulations provided in Section 5.0 of this ordinance? Section 5.1.41 Parking Lots and Parking Structures is applicable to the proposed use and the regulation is states the following: "A site plan shall be required for each parking lot and parking structure, unless the requirement is waived as provided in section 32.2.2." A waiver has not been requested. A site plan will be expected. Will the public health, safety and general welfare of the community be protected if the use is approved? The public health, safety, and general welfare of the community are protected through the special use permit process which assures that the proposed use is appropriate in the location requested. There are no safety concerns with the proposed parking structure use. SUMMARY ZMA 2009-00001, 5 1 Street -Avon Center, SP 2010-00003, 5rh Street -Avon Center Parking Structure Planning Commission Public Hearing, July 31, 2012 Staff Report, Page 11 Staff has identified the following factor favorable to this request: 1. The use of a parking structure will provide an alternative to the "sea" of parking that could otherwise result from surface parking. Staff has not identified any unfavorable factors. RECOMMENDED ACTION Staff finds that this request generally complies with the provisions of the Zoning Ordinance and the Comprehensive Plan, and recommends approval of SP201000003 without conditions. Staff recommends deferral of the special exception to disturb critical slopes to be determined during the site plan process when more detailed information is submitted regarding the proposed development. PLANNING COMMISSION MOTION—Zoning Map Amendment: A. Should a Planning Commissioner choose to recommend approval of this zoning map amendment: Move to recommend approval of ZMA 2009-00001, 5t" St. -Avon Center based on the recommendation of staff. B. Should a Planning Commissioner choose to recommend denial of this zoning map amendment: Move to recommend denial of ZMA 2009-00001, 5t" St. -Avon Center. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. PLANNING COMMISSION MOTION—Special Use Permit: A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP 2010-00003, 5t" St. -Avon Center – Parking Structure. B. Should a Planning Commissioner choose to recommend denial of this special use permit: Move to recommend denial of SP 201000003, 5t" St. -Avon Center – Parking Structure Should a commissioner motion to recommend denial, he or she should state the reason (s) for recommending denial. PLANNING COMMISSION MOTION—Special Critical Slopes: Move to recommend deferral of the special exception to disturb critical slopes as recommended by staff. ATTACHMENT A: Tax Map ATTACHMENT B: Location Map ATTACHMENT C: ADDlication Plan. dated June 6. 2012 ATTACHMENT D: Outstanding staff comments ATTACHMENT E: Comprehensive Plan Amendment Comparison Table ATTACHMENT F: Electronic Mail from Joel DeNunzio, dated June 22, 2012 ZMA 2009-00001, 5'h Street -Avon Center, SP 2010-00003, 5t" Street -Avon Center Parking Structure Planning Commission Public Hearing, July 31, 2012 Staff Report, Page 12 ATTACHMENT G: Electronic Mail from Alexander Morrison, dated June 21, 2012 ATTACHMENT H: Revised/Blackline proffers dated June 6, 2012 ATTACHMENT I: Special Exception to Disturb Critical Slopes ATTACHMENT J: Critical Slopes Waiver Request from Valerie Long, dated February 16, 2010 ZMA 2009-00001, 5 I Street -Avon Center, SP 2010-00003, 5rh Street -Avon Center Parking Structure Planning Commission Public Hearing, July 31, 2012 Staff Report, Page 13