HomeMy WebLinkAboutZMA201300002 Staff Report 2013-07-16COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 201300002 Pantops
Staff: Claudette Grant
Corner
Planning Commission Public Hearing:
Board of Supervisors Public Hearing: To Be
July 16, 2013
Determined
Owners: John Leigh Wynne and James B.
Applicant: John Leigh Wynne and James B.
Wynne
Wynne. Contact: Justin Shimp with Shimp
Engineering
Acreage: Approximately 2.246 acres
Rezone from: R -1 residential to HC Highway
Commercial with proffers.
TMP: Tax Map Parcel 078000000058G1 (See
By -right use: The R -1 district allows residential
Attachments A and B)
uses at a density of (1 unit /acre).
Location: Approximately 575 feet north from the
intersection of Route 250 and Stony Point Road
(Route 20) on the east side of Route 20. Back
portion of 1248 Richmond Road, fronting Route
20.
Magisterial District: Rivanna
Proffers: Yes
Proposal: Rezone approximately 2.246 acres
Requested # of Dwelling Units: None
from R -1 residential zoning district to HC
Highway Commercial zoning district. No
dwellings proposed. (See Attachment C)
DA (Development Area): Neighborhood 3,
Comp. Plan Designation: Urban Density
Pantops
Residential residential (6.01 -34 units /acre);
supporting uses such as religious institutions,
schools, commercial, office and service uses
and Greenspace — undeveloped areas.
Character of Property: The property consists
Use of Surrounding Properties: Adjacent
of three structures. The rest of the property is
property to the north is a residential use.
wooded and undeveloped.
Commercial and industrial uses are located to
the south of the subject property. Battlefield
Ford car dealership is located to the east and a
few office buildings and a McDonald's restaurant
are located across Route 20 to the west.
Factors Favorable:
Factors Unfavorable:
1. The proposed HC zoning can provide a
1. The proffers need to be substantively
cohesive development for this property
and technically revised.
and the adjacent existing HC zoning
2. The permitted uses listed in the
districts.
proposed proffers need to be modified
2. The proposed interconnection could be a
appropriately to be consistent with the
benefit to the surrounding properties.
Urban Density designation in the
Pantops Master Plan.
3. Traffic study information needs
to be submitted to determine
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PC Public Hearing 7/16/2013
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PC Public Hearing 7/16/2013
impacts of the rezoning and
road interconnection to Routes
20, 250 and adjacent properties.
4. Protection of designated
greenspace areas, including
critical slopes, stream, and
floodplain has not been
addressed to be consistent with
the comprehensive plan
recommendations.
5. Other neighborhood model principles,
including relegated parking, building
orientation, and neighborhood oriented
and pedestrian friendly streets have not
been addressed.
RECOMMENDATION: Staff cannot recommend approval of rezoning ZMA201300002, Pantops
Corner with proffers, until all the unfavorable factors listed above are addressed.
Pantops Corner
PC Public Hearing 7/16/2013
STAFF PERSON: Claudette Grant
PLANNING COMMISSION: July 16, 2013
BOARD OF SUPERVISORS: To Be Determined
ZMA 201300002 Pantops Corner
PETITION
PROJECT: ZMA201300002 Pantops Corner
PROPOSAL: Rezone 2.246 acres from R -1 zoning district which allows residential uses at a density of
1 unit per acre to HC zoning district which allows commercial and service uses; residential by special
use permit at a density of 15 units per acre. No dwellings proposed.
ENTRANCE CORRIDOR: Yes
PROFFERS: Yes
COMPREHENSIVE PLAN: Urban Density Residential residential (6.01 -34 units /acre); supporting uses
such as religious institutions, schools, commercial, office and service uses and Greenspace —
undeveloped areas in Neighborhood 3 - Pantops.
LOCATION: Approximately 575 feet north from the intersection of Route 250 and Stony Point Road
(Route 20) on the east side of Route 20. Back portion of 1248 Richmond Road, fronting Route 20.
TAX MAP /PARCEL: 07800000005861
MAGISTERIAL DISTRICT: Rivanna
CHARACTER OF THE AREA
This area is developed with a variety of housing types, including single family residential units and
multifamily housing, a school, and church. Darden Towe Park is nearby along with a variety of
commercial uses, such as offices, car dealerships, restaurants, and shopping centers. This particular
parcel is somewhat wooded with many mature trees, and has floodplain at the northern tip along with a
stream.
SPECIFICS OF THE PROPOSAL
The applicant is proposing to rezone this parcel from R -1 residential zoning district to Highway
Commercial (HC) zoning district. The applicant has not provided a plan with a specific proposal, making
it difficult for staff to assess the details of the proposal. This parcel is a small parcel of 2.246 acres. It is
contiguous to the south with parcels zoned HC (and designated Urban Mixed Use and Commercial
Mixed Use in the Pantops Master Plan) and to the north with parcels zoned residential (and designated
Urban Density Residential in the Master Plan). Commercial and office uses also exist on the west side
of Route 20 across from this site. The owners of this parcel own two contiguous parcels to the south
that are zoned HC (TMP78 -5A and TMP78 -513). The owner's would like to be able to rezone this parcel
to HC and market all three properties for a denser, more cohesive development. than the current R -1
zoning allows. The property is located in the Development Areas and is within close proximity to a
variety of existing and proposed commercial uses.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant is proposing this rezoning request from a low density residential zoning district to a
commercial zoning district so the property will be harmonious with adjacent properties that are zoned
for commercial uses. The applicant anticipates the proposed rezoning to allow a higher use of the
property, and provide a more cohesive development of this property and its' surrounding properties.
The applicant proposes to provide road interconnection opportunities between Routes 250 and 20 and
a possible future connection to the adjacent Battlefield Ford property via this property.
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PLANNING AND ZONING HISTORY
There were a few rezoning requests associated with this property in 1969 and the early 1970's. The
only other history associated with this property was a subdivision request (SUB200300273) that was
approved for the installation and a drainage easement for sidewalk located on Route 20 North.
COMPREHENSIVE PLAN
Land Use Plan: The purpose /intent of the Urban Density Residential designation is to allow residential
(6.01 -34 units /acre) with supporting uses such as religious institutions, schools, small areas of
commercial, office, and service uses on the scale of Neighborhood Service, to serve residential uses.
This may include corner stores, less than 4,000 square feet; live /work units above office and /or retail;
small office buildings less than 20,000 square feet; and studios /cottage occupations. The Pantops Plan
also designates a small portion of the property Greenspace to reflect the stream, floodplain, and critical
slopes located on the property. The County's Open Space Plan also shows some critical slopes
located in the northern vicinity of the subject property. These critical slopes are associated with
floodplain and a stream in this area that flows to the Rivanna River. The Greenspace designation in the
Pantops Master Plan is meant to protect these sensitive environmental features.
The R -1 zoning on the properties north of this site, the small size of the property, and the physical
separation of the property from the adjacent residential area to the north by the stream, floodplain and
critical slopes, are characteristics that make development of the site with commercial uses more in
keeping with the existing commercial uses to the south of this property have merit, particularly if the
proposed uses are consistent with the scale of the non - residential uses recommended in the Urban
Density Residential designation.
The Urban Density designation is diverse in its' allowed uses. With limitations on the more intense
uses allowed in the HC district consistent with the recommended scale and type of non - residential uses
recommended in the Urban Density Residential designation (Neighborhood Service scale uses such as
professional offices and smaller scale commercial uses), a rezoning to HC could be considered
consistent with the land use recommendation of the Comprehensive Plan. Residential uses are allowed
in the HC zoning district with a special use permit; therefore, rezoning from R -1 to HC still allows an
opportunity for residential uses on this property.
Staff opinion is that the proposed proffers do not adequately limit the uses permitted on the property to
a scale consistent with the Master Plan land use recommendation, which could be Neighborhood
Service scale non - residential, and do not protect the greenspace area identified in the Master Plan. In
addition, several neighborhood model principles have not been addressed (see analysis below).
The Neighborhood Model: Staff's analysis below indicates how well the proposal meets the 12
principles of the Neighborhood Model:
Pedestrian Orientation
No commitment has been made by proffer or concept plan to
provide pedestrian orientation on the property making it
difficult to know if this principle has been addressed. This
principle is not addressed.
Neighborhood Friendly
No commitment has been made by proffer or concept plan to
Streets and Paths
provide neighborhood friendly streets; however, sidewalks
can be required on the street with a site plan and road plan
approvals but may not be in a form desired for a site
bordering on two entrance corridors. This principle is not
addressed.
Interconnected Streets and
The two exhibits provided show "Road A" as an
Transportation Networks
interconnected access. See Attachment C Although the
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PC Public Hearing 7/16/2013
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 Pantops Corner rezoning (commercial use) would support the Plan by providing
additional employment, commercial and service uses for residents who live in this portion of the county.
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applicant has provided a proffer describing this as
interconnectivity, the proffer is in need of substantive and
technical revisions in order to address the details regarding
this interconnection. See the Proffer Section later in this
report for additional information.
Relegated Parking
No commitment has been made by proffer or concept plan to
relegate parking on the site. This principle is not addressed.
Parks and Open Space
No commitment has been made by proffer or concept plan to
protect the designated greenspace area shown in the
Pantops Master Plan; no other public space area or feature is
provided on this site or within the larger integrated
development with the commercial properties to the north.
This principle is not addressed.
Neighborhood Centers
The applicant has discussed possibly adding this small
property to a larger abutting property (all with the same
ownership), to the south, and develop the total area as a
more conventional commercial area. This site would not
function as a single neighborhood center but would be part of
the larger commercial area along Rt. 250.
Buildings and Spaces of
No commitment has been made by proffer or concept plan to
Human Scale
building orientation. Buildings should be oriented to streets
with parking relegated. This principle has not been met.
Mixture of Uses
The proposed proffers do not preclude a mix of uses. The
proffers or plan could propose a mix of uses. Given the size
and location of this site, a mix of uses that includes
residential uses is not seen as necessary for this particular
proposal.
Mixture of Housing Types
Given the particular characteristics of this site /proposal,
and Affordability
residential uses are not seen as necessary for this
development.
Redevelopment
This proposal is more of a Greenfield development as
opposed to redevelopment proposal. N/A
Site Planning that Respects
The absence of a plan makes it difficult to know if this
Terrain
principle has been addressed. The designated Greenspace
area which includes a stream, 100 year floodplain and critical
slopes has not been addressed in the proposed proffers or a
concept plan. This principle is not addressed.
Clear Boundaries with the
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 Pantops Corner rezoning (commercial use) would support the Plan by providing
additional employment, commercial and service uses for residents who live in this portion of the county.
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Relationship between the application and the purpose and intent of the requested zoning
district
Highway Commercial Districts are intended for development of commercial establishments, other than
shopping centers, primarily oriented to highway locations rather than to central business
concentrations. It is further intended to limit sprawling strip commercial development by providing sites
with adequate frontage and depth to permit controlled access to public streets. As previously described
in this report the subject property is zoned R -1. R -1 zoned property is also located adjacent and to the
north of this property. This site and the adjacent R -1 property to the north are separated by a stream,
and 100 year floodplain. The adjacent properties to the east and south of this property are zoned HC.
Because of its unique location this property can be suited for either zoning district that it is adjacent to.
Rezoning to the HC district as proposed provides opportunities for improved traffic circulation and
interconnection for several properties in the immediate vicinity. Also rezoning to an appropriate HC use
could allow this property and adjacent properties to the south of it to develop in a more cohesive
manner. However, the following outstanding issues have not been fully addressed regarding the impact
of this zoning change to HC: with no traffic study, traffic impacts on Route 20 are unknown; additional
detail is needed to determine the adequacy (appropriate location) of the "stub- out" /road interconnection
to the adjacent property and future potential parallel road to the east of this site. These issues are
further discussed below.
Anticipated impact on public facilities and services
Streets:
The property subject to this rezoning and the larger parcel to the south zoned HC (TMP 78 -5A) are
intended to be developed as one project /development. Exhibits C -1 and C -2, which are part of the
proposed proffers, show two new roads (Road "A" and Road "B ") that provide the proposed
development access to both Route 250 and Route 20. With development of the adjacent HC property
(TMP 78 -5A), VDOT would prohibit left turns into the property from Route 20 (through the likely
installation of a median). Providing the new access to Route 20 through Road "A," could potentially
improve access to this development.
The applicant has proffered to construct Road "A ". While the road connections provided by this road
could improve access to these sites, the County Engineer is concerned with the resulting traffic impacts
to Route 20 generated by the rezoning (R -1 to HC) and the interconnection to Route 250. He has
requested a traffic study, which has not been provided by the applicant to date. The County Engineer
has explained that previous studies in this area show significant failures at the Routes 250/20
intersection. Increasing the intensity of development in this area is not recommended until the
transportation issues are addressed. A median on Route 250 past this proposed entrance has been
discussed, as well as lane and median improvements on Route 20. However, the traffic study needs to
be completed to determine the improvements needed to support this proposal.
VDOT has provided the following concerns as they relate to the subject property: Further consideration
needs to be given to the proposed proffers as they relate to the proposed roads on the exhibits. This
property is located in an area that is likely to see significant highway changes in the future. Further
evaluation is needed. There may be an opportunity to provide a connection to Olympia Drive, but it is
unclear that topography of the stub -out to tax map parcel 78 -6 will allow this connection. More
evaluation off -site needs to occur to determine the most appropriate road layout through these parcels.
(See Attachment E for VDOT comments). See additional discussion regarding the proffers in the
proffer section of this report. (See Attachment D for proffers)
Staff opinion is that, while the proposed road network is a good concept to serve these two parcels, a
traffic study needs to be provided to properly evaluate the impacts from the intensification of use on this
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property (from R -1 to HC) proposed by this rezoning. The Route 250 /Route 20 intersection and the
approaches to this intersection are already subject to significant failing conditions at peak times with
existing development. In addition, staff needs to further evaluate the proposed location for the
interparcel connection to the properties to the east with the County Engineer and VDOT to determine if
there is another location which could better serve future extension to these properties and possibly to
Olympia Drive. The Olympia Drive parallel road shown in the Pantops Plan connects to Route 20 north
of this property.
Schools:
If residential units are proposed students living in this area would attend Stony Point Elementary
School, Burley Middle School, and Monticello High School.
Fire and Rescue:
This site will be covered by the City Fire /Rescue station. Rescue response is also provided from a
satellite station located at Martha Jefferson Hospital. Fire /Rescue has no objection to this rezoning
request.
Utilities:
The site is 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) has no objection to this rezoning request. See Attachment
G for comments.
Anticipated impact on environmental, cultural and historic resources
The Open Space Plan identifies critical slopes associated with a floodplain and stream that flows to the
Rivanna River in this area. A small area in the northeastern corner of the property is designated as
Greenspace in the Pantops Master Plan. The intent of this designation is to protect this stream valley.
The applicant is requesting that this area be rezoned. As described in the Pantops Master Plan staff
recommends protection /maintenance of the Greenspace area shown on this property.
There is no anticipated impact on cultural or historic resources. However, without a plan it is difficult to
determine the impacts of this proposal on environmental, cultural and historic resources.
Anticipated impact on nearby and surrounding properties
Without a plan it is difficult to determine the impacts of this proposal on nearby and surrounding
properties. If developed with appropriate commercial uses this proposal would be expected to be in
keeping with the commercial character of this area.
Public need and justification for the change
The proposed rezoning could provide additional employment, commercial and service opportunities for
the local community.
PROFFERS
The applicant has provided proffers which are summarized below.
Proffer 1: As previously described, the applicant has proffered to construct a travel way from Stony
Point Road (Rt. 20) to TMP 78 -6 (the adjacent Battlefield Ford property) labeled on the exhibits as
Road "A ". The exhibits show Road "A" also connecting to Road "B ", but the proffer does not address
Road "B ". This road interconnection between Route 20 and Route 250 potentially alleviates traffic
impacts on the road system and meets Comprehensive Plan goals and principles. A commitment
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PC Public Hearing 7/16/2013
should be made to either construct both roads together or commit to not developing the subject
property until Roads "A" and "B" are planned for construction.
Proffer 2: The applicant has proffered certain By -Right uses that can only be permitted with a Special
Use Permit for the property located on the north side of connector Road "A" (as shown in Exhibits C -1
and C -2). (See Attachment D) Staff believes it is not possible in a conventional district to make by -right
uses subject to a special use permit.
The proffers are in need of technical and substantive revisions. The remaining outstanding issues with
the proffers are:
1. The proffers need to be submitted on the necessary proffer form.
2. The following substantive revisions are needed to the draft proffers: Additional details such as
timing and triggers need to be provided to make Proffer 1 a viable proffer. Exhibits C -1 and C -2
show Road "A" and Road "B ". The proffer describes the owner constructing the travel way Road
"A ". However, without the necessary details this proffer is not viable. Road "B" is shown on the
exhibits as part of the interconnection to Route 250, but it is not mentioned in the proffers and
should be.
3. Without a traffic study, transportation impacts are unknown, and it is likely that appropriate
proffers may be needed to address transportation impacts.
4. As described above, staff does not believe proffer 2 is possible.
ENTRANCE CORRIDOR
The property is located in the entrance corridor. It is difficult to determine the impacts of the proposed
rezoning on the Entrance Corridors based on the limited information provided. It appears that the shape
and size of the parcel, combined with the location of the interior road as illustrated, could make it
difficult for the applicant to meet the Entrance Corridor guideline that requires buildings to be aligned
parallel with the Entrance Corridor street. Meeting this guideline will be a requirement, as will the need
for all walls of buildings visible from the Entrance Corridor's to be submitted with fully designed
elevations.
Staff recommends the applicant work with the Thomas Jefferson Foundation regarding the Monticello
viewshed.
SUMMARY
Staff has identified the following factors, which are favorable to this request:
1. The proposed HC zoning can provide a more cohesive development for this
property and the adjacent existing HC zoning districts.
2. The proposed interconnections could be a benefit to the surrounding properties.
Staff has identified the following factors which are unfavorable to this request:
1. The proffers need to be substantively and technically revised.
2. The permitted uses listed in the proposed proffers need to be modified
appropriately to be consistent with the Urban Density designation in the Pantops
Master Plan.
3. Traffic study information needs to be submitted to determine impacts of
the rezoning and road interconnection to Routes 20, 250 and adjacent
properties.
4. Protection of designated greenspace areas including critical slopes,
stream and floodplain have not been addressed to be consistent with the
comprehensive plan recommendations.
Pantops Corner
PC Public Hearing 7/16/2013
5. Other neighborhood model principles, including relegated parking, building
orientation, and neighborhood oriented and pedestrian friendly streets have not
been addressed.
RECOMMENDATION
Staff can not recommend approval of this rezoning ZMA201300002, Pantops Corner with
proffers, until all the unfavorable factors listed above are addressed.
ATTACHMENTS
ATTACHMENT A — Tax Map
ATTACHMENT B — Vicinity Map
ATTACHMENT C — Exhibits C -1 and C -2
ATTACHMENT D — Proffers, dated May 5, 2013
ATTACHMENT E — Letter from Troy Austin -VDOT, dated May 23, 2013
ATTACHMENT F — Electronic Mail from Victoria Fort -RWSA, dated March 25, 2013
ATTACHMENT G — Electronic Mail from Alex Morrison -ACSA, dated June 5. 2013
PLANNING COMMISSION MOTION:
A. If the ZMA is recommended for approval: Move to recommend approval of ZMA201300002 with
proffers and reasons for approval.
B. If the ZMA is recommended for denial: Move to recommend denial of ZMA20130002 with proffers
and the reasons for denial.
9 Pantops Corner
PC Public Hearing 7/16/2013
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