HomeMy WebLinkAboutZMA201200005 Staff Report 2013-11-06COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 201200005 Hollymead
Staff: Sarah Baldwin
Town Center A -1
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
November 12, 2013
December 11, 2013
Owners: Route 29, LLC
Applicant: Route 29, LLC
c/o Wendell Wood
Acreage: Approximately 59 acres
Rezone from: PD -MC which allows large scale
commercial uses; and residential by special
permit (15 units /acre)
TMP: Tax Map Parcel(s) 32000000042A0,
By -right use: PD -MC which allows large scale
03200000004400, 03200000004500 (portion),
commercial uses; and residential by special
04600000000500, 046000000005A0
permit (15 units /acre)
Magisterial District: Rio
Proffers: Yes
Proposal: Amend the Application Plan and
Requested # of Dwelling Units: No new
Proffers regarding the greenway and transit stop
dwellings or change in residential density is
on property zoned NMD.
proposed.
DA (Development Area): Hollymead
Comp. Plan Designation: Urban Mixed Use in
Community
Centers and Commercial Mixed use.
Character of Property: The site is a developed
Use of Surrounding Properties: The
commercial site with the exception of several
surrounding properties include a variety of
outparcels that will be built in the future.
commercial buildings located within other
portions of Hollymead Towncenter and vacant
land.
Factors Favorable:
Factors Unfavorable:
1. The rezoning request proposes to
1. None.
address an outstanding Notice of
Violation and further clarifies the
proffers.
2. This rezoning request will not
significantly change the site layout or
intent of the original rezoning.
RECOMMENDATION:
1. Staff recommends approval of the Amended Proffers and Application Plan.
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STAFF PERSON: Sarah Baldwin
PLANNING COMMISSION: November 12, 2013
BOARD OF SUPERVISORS: December 11, 2013
ZMA 201200005 Hollymead Town Center (A -1)
PETITION
PROJECT: ZMA 2012 -00005 Hollymead Town Center (A -1)
PROPOSAL: Request to amend the Application Plan and Proffers on property zoned PD -MC which
allows large -scale commercial uses; and residential by special use permit (15 units/ acre).
PURPOSE OF NOTICE AND HEARING: Intention of the Planning Commission to make
recommendation on the Proposal to the Board of Supervisors
ENTRANCE CORRIDOR: Yes
PROFFERS: Yes
EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Urban Mixed Use (in Centers) — retail,
residential, commercial, employment, office, institutional, and open space.
LOCATION: Hollymead Town Center Area A -1, the southwest quadrant of Seminole Trail (US 29) and
Towncenter Drive in the Hollymead Development Area
TAX MAP /PARCEL: 032000000042A0, 03200000004400, 03200000004500 (portion),
04600000000500,046000000005A0
MAGISTERIAL DISTRICT: Rio
CHARACTER OF THE AREA
The property is part of Hollymead Town Center, which contains a variety of existing and proposed
commercial and residential development. The surrounding properties are zoned RA (TMP46 -6), PD-
MC (TMP32 -43), and NMD (32 -45).
SPECIFICS OF THE PROPOSAL
The Applicant is requesting a modification to the Proffers and Application Plan that will change the
proffered greenway from a multi- use path to a primitive path as well as provide for clarification of the
greenway proffer and transit stop proffers (Attachment A). There is an outstanding Notice of Violation
that exists for these proffers because the improvements have not been installed. Amending the
proffers will remedy those violations and provide an alternative greenway path, which is acceptable to
both the County and the Applicant.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The Applicant is requesting to modify the proffers to 1)construct the greenway trail to a different
standard from what was originally proffered, and 2) to change the location of the required transit stop
on -site. The applicant believes that the greenway cannot be built to a multi -use 10 foot wide path due
to the existing terrain in the area.
PLANNING AND ZONING HISTORY
ZMA2005 -00015 — On September 11, 2007, the Board of Supervisors approved the rezoning with
Proffers and Application Plan.
ZMA2010 -00014 — On January 12, 2011, the Board of Supervisors approved amendments to the
Proffers.
V102012-61 -On April 2, 2012, the Zoning Department issued a Notice of Official Determination of
Violation for unsatisfied Proffers relating to ZMA2010- 00014.
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DISCUSSION
The Applicant is proposing changes to Proffers 3 and 8 in order to address zoning violations. Under
the existing proffers, these improvements were to be constructed at site plan or subdivision approval.
Proffer 3 addresses the installation of a transit stop on -site. The original transit stop location was
approved by the Director of Planning and was to contain a 200 square feet paved surface and two
benches with the design subject to VDOT and the County Engineer approval. The 200 square foot
paved area has been constructed (striped) but the benches have not been installed. Currently, there is
no CAT transit service provided to the Hollymead area or the Town Center. The Applicant does not
believe that benches should be installed until service is provided, thereby avoiding unnecessary
maintenance and possible vandalism issues. Staff is supportive of the proffer change to allow the
benches to be installed when public transit service is provided to the site.
Proffer 8 addresses the construction of a greenway. At the request of the Applicant, Staff, members of
the Planning Commission and Board of Supervisors attended an onsite meeting to review the trail
location and type of trail that was required by the existing proffers. Planning, Engineering and Parks
and Recreation Department staff determined that a 10' wide paved trail would be difficult to achieve in
some locations. Given these physical constraints, and given the existing and proposed sidewalk and
bike lane network that is or will be developed within Hollymead Town Center, it was determined that
this greenway would better serve the community constructed as a primitive path. The Applicant has
agreed to construct a 6 foot wide primitive trail as provided on Attachments B & C. Additionally, the trail
head was originally proposed as a switchback connection to the greenway. However, due to the terrain
it was determined that stairs would provide a more practical solution (Attachment B). The existing
proffers and proposed changes are outlined below. Staff is supportive of these changes:
Existing Proffers ZMA2010 -14)
Proposed Changes to Proffers
3. Public Transit Stop Construction - The
3. Public Transit Stop Construction - The
Owner shall construct one public transit
Owner has constructed one public transit stop
stop within Hollymead Town Center Area
within Hollymead Town Center Area A -1 and 2
A -1. The location of the public transit stop
benches shall be installed within 30 days after
shall be identified on the approved Appli-
transit service is established to the transit stop.
cation Plan and retained in the County
files. The location shall be approved by the
Director of Planning, prior to approval of
the first subdivision plat or site plan for
Hollymead Town Center Area A -1. Con-
struction of the public transit stop shall oc-
cur in conjunction with improvements for
the first site plan or the public street plans
which include the area for the transporta-
tion stop. The design of the public transit
stop shall be subject to approval by VDOT
and the County Engineer, and shall include
no less than 200 square feet of paved sur-
face and two benches.
8. Greenwav Dedication - The Owner shall
8. Greenwav Dedication - The Owner has
dedicate in fee simple a minimum 4.5 acre
dedicated in fee simple a minimum 4.5 acre
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"Greenway" to Albemarle County. The
land to be dedicated as the Greenway is
identified on the Application Plan as
"Greenway Area dedication to Albemarle
County, " and shall include all flood plain
area along Powell Creek. The Owner shall
complete the improvements shown on the
Application Plan and shall dedicate the
Greenway to the County at the time of the
first site plan or subdivision plat approval.
The Owner shall be responsible for the cost
of a survey and preparing the deed to
convey the Greenway to the County.
"Greenway" to Albemarle County. The
land dedicated as the Greenway is
identified on the Application Plan as
"Greenway Area dedication to Albemarle
County, " and shall include all flood plain
area along Powell Creek. The Owner shall
construct a greenway trail pursuant to the
attached trail standard (Attachment B) and
identified by the yellow dashed line on the
attached map (Attachment C) from the
detention pond to Meeting Street. Such
trail shall be complete prior to the issuance
of a Certificate of Occupancy for Buildings
B or C. In the event Meeting Street is not
constructed to intersection with greenway
at time Certificate of Occupancy is required
for Building B or C, Parks and Recreation
shall determine the location for an alternate
tie in. The owner shall design and construct
stairs located in between Buildings B and
C. Such stairs shall be subject to easement
and approval of Rivanna Water & Sewer
Authority. Stairs shall be 36" wide and
constructed of natural material consistent
with the trail standard. Final stair design
shall be approved by Parks and Recreation.
The trail and stairs will be deemed
complete upon approval by Parks and
Recreation. Due to terrain, stairs and trail
shall not be built to ADA accessible
standards.
COMPREHENSIVE PLAN
The Places29 Master Plan land use recommendation for this site is Urban Mixed Use in Centers and
Commercial Mixed Use, with a greenway buffer and multi -use path recommended on the Parks and
Green Systems Map along the stream in this area. This request is to alter the trail standard and clarify
proffers. Because of the limited and specific nature of these changes a review of this request's
consistency with the Neighborhood Model Principles has not been undertaken.
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.
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Relationship between the application and the purpose and intent of the requested zoning
district
The purpose and intent of the zoning district is not compromised by this Application. The greenway
and transit stops will still be constructed and there is further clarity of the proffers by providing the
timing for construction.
Anticipated impact on public facilities and services
Streets: The greenway trail and transit stop will enhance transportation options for this area.
Schools: There are no residences proposed as part of this rezoning so there will be no impact on
County Schools.
Fire and Rescue: There are several fire - rescue facilities in the area.
Utilities: Water and sewer are available on the site; there are no issues or impacts from the proposed
changes.
Anticipated impact on cultural and historic resources: The ARB staff reviewed the proposal and does
not feel that there will be any impact with the changes to the proffers.
Anticipated impact on nearby and surrounding properties
None anticipated with these amendments.
Public need and justification for the change
The proposed amendments do not affect this project's provision of an Urban Mixed Use (in Centers)
containing retail, residential, commercial, employment, office, institutional, and open space attracting
activities of all kinds on a regional scale in Albemarle County
SUMMARY
Staff has identified the following factors, which are favorable to this request:
1. The rezoning request proposes to address an outstanding Notice of Violation and
further clarifies the proffers.
2. This rezoning request will not significantly change the site layout or intent of the
original rezoning.
Staff has identified the following factors which are unfavorable to this request:
1. None.
RECOMMENDATION
Staff recommends approval of ZMA201200005 with the attached amended Application Plan and
Proffers.
ATTACHMENTS:
ATTACHMENT A- Amended Proffers -last revised September 30, 2012
ATTACHMENT B- Amended Application Plan & Trail Standard.
ATTACHMENT C -Trail location
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PLANNING COMMISSION MOTION:
A. Should a Planning Commissioner choose to recommend approval of this ZMA:
Move to recommend approval of ZMA201200005 as recommended by staff.
B. Should a Planning Commissioner choose to recommend denial of this ZMA:
Move to recommend denial of ZMA201200005. Should a commissioner motion to recommend
denial, he or she should state the reason(s) for recommending denial.
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