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HomeMy WebLinkAboutZMA201100010 Staff Report 2012-07-17COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 201100010 Albrecht Place Staff: Claudette Grant Planning Commission Public Hearing: Board of Supervisors Public Hearing: To Be July17, 2012 Determined Owners: Anvince Land Trust, Trustee: Sue A. Applicant: Sue Albrecht Albrecht, Co- Trustee: Larry J. McElwain Acreage: Approximately 3.398 acres Rezone from: No change of zoning is sought. This application seeks to affirm the current PDSC zoning by adding a required application plan. TMP: Tax Map Parcel(s) 061 MO -00 -12 -001 EO By -right use: The PDSC district allows (See Attachments A and B) shopping centers, retail sales and service uses; residential by special use permit at a density of Location: 400 feet north west of the (15 units /acre). intersection of U.S. Route 29 and Shoppers World Court, directly behind the Shoppers World shopping center. Magisterial District: Rio Proffers: No Proposal: Request to approve an application Requested # of Dwelling Units: — None plan on 3.398 acres for property zoned PDSC, Proposed uses include: 6,000 s.f. of office; 4,500 s.f. of wholesale (open to the public); 13,000 s.f. of wholesale (storage); and 16,600 s.f. of indoor recreation. No dwellings proposed. No change in zoning district proposed. (See Attachment C) DA (Development Area): Neighborhood 1 in Comp. Plan Designation: Urban Mixed Use (in Places 29 Centers) — retail, residential, commercial, employment, office, institutional, and open space in Places 29. Character of Property: The parcel is wooded Use of Surrounding Properties: Shoppers and relatively flat. It backs up to a steep slope World shopping center lies to the east of the that defines the edge of the Berkeley parcel. Berkmar Drive, inclusive of a variety of Neighborhood. The western side of this parcel is commercial uses, such as office and retail is bounded by a storm water channel. The eastern near its northern boundary and the Berkeley side is bounded by a service alley associated Neighborhood is adjacent to the parcel on its with Shoppers World. western and southern sides. Factors Favorable: Factors Unfavorable: 1. The rezoning request would be 1. Transportation impacts are consistent with the Comprehensive Plan. anticipated, but the extent of 2. The uses are consistent with those impacts have not been studied. permitted under the existing PDSC 2. Additional requested zoning district. transportation information has not been provided and is needed to Albrecht Place PC Public Hearing 7/17/2012 3. This rezoning request would validate the determine traffic impacts from the existing zoning district with an proposal. appropriate application plan. 3. No proffers have been submitted 4. This rezoning request would provide to alleviate potential employment opportunities, additional transportation impacts. services and expand the tax base in the 4. The scale of the building is larger local community. than recommended for an office /R &D /flex use, but is consistent with existing adjacent buildings. RECOMMENDATION: Staff cannot recommend approval at this time, as the proposal does not adequately address the potential transportation impacts. Should the applicant provide additional traffic information for staff analysis, or at a minimum provide proffers that adequately address the traffic generated by the development, staff could support the project and the special exception to allow the disturbance of critical slopes. Albrecht Place PC Public Hearing 7/17/2012 STAFF PERSON: Claudette Grant PLANNING COMMISSION: July 17, 2012 BOARD OF SUPERVISORS: To Be Determined ZMA 201100010 Albrecht Place PETITION PROJECT: ZMA201100010 \Albrecht Place PROPOSAL: Request to include a required application plan on 3.398 acres for property zoned PDSC which allows shopping centers, retail sales and service uses; residential by special use permit at a density of (15 units /acre). No dwellings proposed. No change in zoning district proposed. ENTRANCE CORRIDOR: Yes PROFFERS No COMPREHENSIVE PLAN: Urban Mixed Use (in Centers) — retail, residential, commercial, employment, office, institutional, and open space in Neighborhood 1 in Places 29. LOCATION: Directly behind the north section of Shoppers World shopping Center and directly behind 2111 & 2115 Berkmar Drive. TAX MAP /PARCEL: 061 M0001200l EO MAGISTERIAL DISTRICT: Rio SPECIAL EXCEPTION The proposed rezoning will require the disturbance of critical slopes, which may be approved by special exception under County Code § 18- 31.8(a)(1). CHARACTER OF THE AREA The subject site is fairly flat and wooded. The adjacent Berkley neighborhood is located to the south and west with a steep slope of land between the neighborhood and the western portion of the subject property. The Shoppers World shopping center is located to the east and provides access for the subject property. Berkmar Drive is to the north and provides a service drive to the Shoppers World development and the proposed Albrecht Place. There is a mix of commercial uses located on Berkmar Drive. SPECIFICS OF THE PROPOSAL No change of zoning is sought. The County zoned the property PDSC in 1980 with no application plan. The applicant is amending the rezoning to include a required application plan. The proposed development consists of approximately one 48,000 gross square foot (GSF), 32 foot high (1 '/2 story) building inclusive of the following commercial uses: 6,000 square feet of office; 4,500 square feet of wholesale (open to the public); 13,000 square feet of wholesale (storage); and 16,600 square feet of indoor recreation. These uses are permitted under the current PD -SC zoning district. Associated parking will be located on the property. The proposed building is located directly behind the "main" large structure in the Shoppers World shopping center. APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant wishes to remedy a technical deficiency of the 1980 rezoning by supplying a required application plan. Providing infill development of this existing commercially zoned property located in the Development Area is a goal of the Places 29 Master Plan. 3 Albrecht Place PC Public Hearing 7/17/2012 PLANNING AND ZONING HISTORY SP197900007 approved mini - warehouses for the subject site. The County zoned the property PDSC in 1980. ZMA200600022 — Two work sessions were held with the Planning Commission regarding this rezoning request. One on February 13, 2007 and the most recent work session held on August 28, 2007. At the August work session, the Planning Commission made the following comments about The Commons at Albrecht Place: 1. The Commission would not support the critical slopes waiver or waiver to disturb the 20 foot buffer. 2. The design needs to respect the edges next to the developed residential areas. 3. The orientation of the buildings may need to change and some sort of redesign to better use the service alley is desired. 4. The applicant should talk to the neighbors about where and how to formalize pedestrian access since there is already a footpath down to the shopping center. The Commons at Albrecht Place was withdrawn in 2009. COMPREHENSIVE PLAN Land Use Plan: With the adoption of Places 29, the land use plan now designates the subject property as Urban Mixed Use (in Centers) in Neighborhood 1. The purpose /intent of the Urban Mixed Use (in Centers) designation is to provide a range of residential, commercial, office, employment, and institutional uses, along with open space. The intent is for these uses to be located along major roadways with provisions for multi -modal transportation networks, such as pedestrian and bicycle access. The County's Open Space Plan shows a buffer on this site. The application plan shows a 20 foot buffer along the southern and western sides of the property, which is consistent with the County's Open Space Plan. A retaining wall is also proposed in the vicinity of the buffer, but not in the buffer. It is possible that disturbance could occur in the buffer as a result of grading and /or installation of the retaining walls. If this is to occur, a waiver with regards to disturbance in the buffer will be necessary. The applicant has chosen not to pursue a waiver at this time with the understanding that a waiver might be needed during the site plan stage. Staff believes the proposed use is consistent with the Comprehensive Plan designation for this site in terms of the building being an office /R &D /flex type structure. The scale of the building is larger than recommended in the Master Plan. However, the building's scale is consistent with the other buildings on the Shoppers World site. This plan and building are also consistent with the input provided by the nearby community and prior staff reviews. The proposed building is primarily hidden behind a building in the Shoppers World shopping center and will barely be seen from the surrounding public streets. These proposed uses are currently permitted in the PD -SC zoning district. The character of the surrounding neighborhood provides a variety of mixed uses. A building with commercial, office, and employment opportunities would not necessarily be out of character in this location. The Neighborhood Model: Staff's analysis below indicates how well the proposed development meets the 12 principles of the Neighborhood Model: 4 Albrecht Place PC Public Hearing 7/17/2012 Pedestrian Orientation Sidewalks are proposed to be located on the site and to the extent possible the applicant shows a cross walk at the eastern portion of the subject property, leading to the adjacent property, which is owned by a different entity. The applicant is willing to provide a pedestrian connection from the subject parcel to the adjacent Berkley neighborhood; however, it is not supported by the neighborhood residents, so the applicant has decided not to pursue this. The applicant has addressed this principle to the best of her ability. This principle is addressed. Neighborhood Friendly The street is not really a street, but a travelway and parking Streets and Paths area. Trees are proposed for the parking lot, and a sidewalk will be adjacent to the proposed building. The travelway and sidewalk are a typical design for this type of development. This principle is not applicable. Interconnected Streets and This site has two access points with two way traffic Transportation Networks throughout the site. Access is provided through the Shopper's World shopping center via Berkmar Drive, Route 29 and Commonwealth Drive. The applicant has not provided enough traffic information to determine if the proposed transportation network is appropriate for this site and proffers that could alleviate possible traffic impacts have not been provided. Additional information describing this issue is provided later in this report. (See Anticipated impact on public facilities and services) The only other possible street interconnection would be through Williamsburg Road. This was unsuccessfully vetted with a previous rezoning request with no support from adjacent residents. This principle is not addressed. Relegated Parking Parking is located at the rear of the site, which is the entrance to the building. It appears that loading areas are located at the front of the site as shown. The subject site is located to the rear of a large building that is located on the adjacent parcel. The proposed building and its' parking will not be very visible from a public road. This principle is addressed. Parks and Open Space This is a small infill site. This principle is not applicable. Neighborhood Centers This is part of the existing Shopper's World development. There are other shopping centers located in the vicinity with office /meeting space. This principle is met. Buildings and Spaces of Based on the submitted site sections, it appears the Human Scale proposed building and spaces are of human scale. This principle is met. Mixture of Uses This site is part of a shopping center. The uses within the shopping center along with the proposed uses are a mixture of commercial uses. However, with the proximity of additional commercial and residential uses nearby, staff believes this principle is met. Mixture of Housing Types This is not applicable, given the type of facility proposed. and Affordability Redevelopment This principle is not applicable. Albrecht Place PC Public Hearing 7/17/2012 Site Planning that Respects Critical slopes that are man -made are located at the rear and Terrain northeastern sides of the property. These critical slopes are proposed to be disturbed with the installation of retaining walls and grading for the adjacent parking area. The applicant has submitted a critical slopes waiver request. The proposed disturbance appears to be fairly minimal. Clear Boundaries with the This principle is not applicable. Rural Areas 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 Albrecht Place development (office and commercial uses) would support the Plan by providing additional employment, services and expand commercial tax revenues for the local community. Relationship between the application and the purpose and intent of the requested zoning district 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 continues to be 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. Anticipated impact on public facilities and services Streets: As identified on the Application Plan, the proposed uses do not appear to be high intensive traffic generated uses. However, this property is zoned PD -SC, which allows a large variety of possible uses on the site. Staff has requested that the applicant provide a more detailed traffic analysis or at a minimum proffer out some of the more intense (traffic generated) uses that are allowed in the PD -SC district. However, the applicant has not provided the level of traffic analysis that staff has requested nor has she provided any proffers that could help alleviate the anticipated traffic impacts. In general, staff has requested that traffic generation figures along with a study examining impacts to the entrances to the public roads be provided. Although the applicant's consultant has provided trip generation information based on the uses described on the Application Plan, this information depicts low traffic volume being generated from the subject site. The applicant believes these uses are the most intense possible uses that can be provided on the site due to the amount of available parking. The applicant has also explained that other possible leasing scenarios could result in lower traffic numbers, but there is no way to guarantee that this will always be the case. Due to the location of this site, being adjacent to an existing shopping center where there is parking, staff believes it is possible for additional parking arrangements to be made in the future that could intensify the proposed uses on this site. The parking limitation is not necessarily a guaranteed scenario. 6 Albrecht Place PC Public Hearing 7/17/2012 VDOT has indicated the main focus should be on access from Route 29; the dual lefts at the signal on 29 North, and depending on how the traffic enters from 29 South, either lefts on Berkmar, or rights into the shopping center. (See Attachment D) A plan showing the truck circulation has been requested by staff and while the applicant has recently provided such a plan, it is unclear what the source is for the truck circulation pattern that was submitted. For example: Was this part of a study? Is the information anecdotal? Staff is concerned with regards to whether the truck circulation as shown is truly the way that trucks would circulate within the site. Staff is also concerned that certain turning movements of large trucks could be difficult to make if there is not enough turning room for the truck, causing a back up of traffic within the Shoppers World shopping center and Route 29. One suggested way to alleviate this concern could be to provide a proffer with specific truck loading /unloading hours that would not conflict with the daily peak hours of traffic inside and outside the shopping center. (See Attachment E) The applicant has elected to proceed with this rezoning request without providing a more in -depth traffic impact analysis. Staff believes additional information regarding traffic is needed in order to determine the impacts that this proposed development could have on traffic patterns on Route 29 and Berkmar Drive. However, at a minimum, providing appropriate proffers could help eliminate many of the traffic concerns noted in this report. Schools: No residential units are proposed, so no impacts are expected on the schools. Fire and Rescue: The Seminole Fire Station on Berkmar Drive near Fashion Square Mall is the nearest station and is located within the neighborhood of this site. Fire /Rescue has no objection with this development as proposed. Utilities: The site will be serviced by public water and sewer. No immediate or significant service capacity issues have been identified by Rivanna Water and Sewer Authority (RWSA). (See Attachment F ) Albemarle County Service Authority (ACSA) comments are attached (See Attachment G) Anticipated impact on environmental, cultural and historic resources There is no anticipated impact on cultural or historic resources. There are no significant environmental features impacted by this development. There are man -made critical slopes located at the rear and northeastern portion of the site. It is anticipated that some disturbance will occur as retaining walls and parking areas are proposed in the vicinity of the critical slopes. A critical slopes waiver request has been submitted, which staff does not see as problematic. There are also some minor concerns regarding drainage being picked up from adjacent properties before it flows over the proposed retaining walls, however, staff believes these issues can be resolved during the site plan stage. Anticipated impact on nearby and surrounding properties No major anticipated impact is expected on nearby and surrounding properties with this rezoning request. The applicant has worked with the Berkley neighborhood over the last several years to develop a project that would be an appropriate neighbor for this existing residential community. The applicant has outreached to the Berkley neighborhood through letters, phone calls and meetings. The applicant recently held a meeting for the Berkley residents on June 27, in which one neighbor attended. Residents from the Berkley community have contacted the County staff regarding general information 7 Albrecht Place PC Public Hearing 7/17/2012 of the intent of this rezoning, but in general the neighbors have not expressed concern regarding this proposal. Although this proposal will add additional traffic to the area, the applicant anticipates that the amount of additional traffic will be minimal in scope. Public need and justification for the change The proposed addition of a commercial building within the vicinity of an existing shopping center in this portion of the County would be beneficial as it would provide employment opportunities, additional services and expand the tax base. The property is already zoned for this use. This rezoning request validates the existing zoning district with an application plan. PROFFERS The applicant has not provided proffers. The following impact needs to be addressed: Transportation impact - proffering out permitted uses that are large traffic generators would provide a level of commitment to lowering potential traffic impacts. - proffering loading /unloading hours could also provide resolution to potential truck circulation concerns, which will impact traffic, previously mentioned in this report. SPECIAL EXCEPTION TO DISTURB CRITICAL SLOPES (See Attachment H) SUMMARY Staff has identified the following factors, which are favorable to this request: 1. The rezoning request would be consistent with the Comprehensive Plan. 2. The uses are consistent with those permitted under the existing PDSC zoning district. 3. This rezoning request would validate the existing zoning district with an appropriate application plan. 4. This rezoning request would provide employment opportunities, additional services and expand the tax base in the local community. Staff has identified the following factors which are unfavorable to this request: 1. Transportation impacts are anticipated, but the extent of impacts have not been studied. 2. Additional requested transportation information has not been provided and is needed to determine traffic impacts from the proposal. 3. No proffers have been submitted to alleviate potential transportation impacts. 4. The scale of the building is larger than recommended for an office /R &D /flex use, but is consistent with existing adjacent buildings. RECOMMENDATION Staff cannot recommend approval at this time, as the proposal does not adequately address the potential transportation impacts. Should the applicant provide additional traffic information for staff analysis, or at a minimum provide proffers that adequately address the traffic generated by the development, staff could support the project and the special exception to allow the disturbance of critical slopes. Albrecht Place PC Public Hearing 7/17/2012 ATTACHMENTS ATTACHMENT A — Tax Map ATTACHMENT B — Vicinity Map ATTACHMENT C — Application Plan ATTACHMENT D — Truck Circulation, dated June 5, 2012 ATTACHMENT E — Electronic Mail from Joel DeNunzio, dated June 13, 2012 ATTACHMENT F — Electronic Mail from Victoria Fort, dated December 29, 2011 ATTACHMENT G — Electronic Mail from Alex Morrison, dated May 30, 2012 ATTACHMENT H — Special Exception to Disturb Critical Slopes ATTACHMENT I — Letter from Woodson D. Parrish, dated Mav 7. 2012 PLANNING COMMISSION MOTION: A. If the ZMA is recommended for approval: Move to recommend approval of ZMA201100010 with reasons for approval. B. If the ZMA is recommended for denial: Move to recommend denial of ZMA201100010 based on the recommendation of staff. C. If the critical slopes special exception is approved: Move to approve the special exception to allow the disturbance of critical slopes. D. If the critical slopes special exception is denied: Move to deny the special exception to allow the disturbance of critical slopes with reasons for denial. 9 Albrecht Place PC Public Hearing 7/17/2012