HomeMy WebLinkAboutZMA201300014 Staff ReportCOUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 2013000014 North Pointe
Staff: Claudette Grant
Neighborhood Investment
Planning Commission Public Hearing:
Board of Supervisors Public Hearing: To Be
January 14, 2014
Determined
Owners: Neighborhood Investments -NP, LLC
Applicant: Neighborhood Investments -NP, LLC.
Contact: William Shewmake with LeClair Ryan
Acreage: Approximately 269 acres
Rezone from: No change of zoning designation
is sought. This application seeks to amend the
current proffers.
TMP: Tax Map Parcel(s) 03200000002000;
By -right use: Mixed use development with
032000000020AO; 032000000020A1;
maximum residential units of 893.
032000000020A2;032000000020A3;
03200000002910; 03200000002300;
032000000023AO;032000000023BO;
032000000023CO;032000000023DO;
032000000023EO;032000000023FO;
032000000023GO; 032000000023HO;
032000000023JO;and 032000000022K0
(See Attachment A)
Location: The parcels are located north of
Proffit Road, east of US 29 North, west of
Pritchett Lane and south of the Rivanna River.
Magisterial District: Rivanna
Proffers: Yes
Proposal: Request to amend approved proffers
Requested # of Dwelling Units: No change.
for ZMA200000009 describing the construction
893
and completion of the Phase III Road
Improvements. No additional dwellings
proposed.
DA (Development Area): Piney Mountain
Comp. Plan Designation: Combination of:
Community
Urban Mixed Use (in Destination and
Community Centers) — retail, residential,
commercial, employment, office, institutional,
and open space; Urban Density Residential —
6.01 — 34 dwelling units /acre with supporting
uses such as religious institutions, schools,
commercial, office and service uses;
Neighborhood Density Residential —3 — 6
dwelling units /acre with supporting uses such as
religious institutions, schools and other small -
scale non - residential uses; Privately Owned
Open Space; Environmental Features —
privately owned recreational amenities and open
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Character of Property: The property is
primarily wooded and undeveloped, with sloping
terrain and streams running through it.
Factors Favorable:
1. The rezoning request remains consistent
with the Comprehensive Plan and no
changes to uses are proposed.
2. The original intent of the phasing of road
improvements is maintained with this
proffer amendment for the subject
property and other remaining properties
in the North Pointe development. The
same road network will be constructed
when the school lot is
dedicated/developed.
space, floodplains, steep slopes, wetlands, and
other environmental features; and Institutional —
civic uses, parks, recreational facilities, and
similar uses on County -owned property.
Use of Surrounding Properties: The North
Fork Rivanna River is located to the north of the
property. Pritchett Road is the eastern
boundary on which there are houses and
pastureland. A mobile home park, medical
office and lumberyard are to the south of the
property. A mobile home park and various
commercial and industrial uses are located west
of the site (research park, auto body shop,
business school, others).
Factors Unfavorable:
1. None, given the Board of Supervisors'
approval of the original zoning and
proffers, including the phasing of road
improvements.
RECOMMENDATION: Staff recommends approval of ZMA2013000014, North Pointe
Neighborhood Investments, with the attached revised proffers, dated July 20, 2006. (Attachment
C).
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PC Public Hearing 1/14/2014
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Claudette Grant
January 14, 2014
To Be Determined
ZMA 201300014 North Pointe Neighborhood Investments
PETITION
PROJECT: ZMA201300014 /North Pointe Neighborhood Investments
PROPOSAL: Request to amend approved proffers for ZMA200000009 describing the construction and
completion of the Phase III Road Improvements. The property is zoned Planned Development — Mixed
Commercial (PD -MC) zoning district which allows large -scale commercial uses; residential by special
use permit (15 units /acre) uses. A maximum of 893 units on approximately 269 acres is approved by
special use permit at a gross density of 3.31 units /acre. No new dwellings proposed.
ENTRANCE CORRIDOR: Yes
AIRPORT IMPACT AREA: Yes
FLOOD HAZARD OVERLAY: Yes
PROFFERS: Yes
COMPREHENSIVE PLAN: Combination of: Urban Mixed Use (in Destination and Community Centers)
— retail, residential, commercial, employment, office, institutional, and open space; Urban Density
Residential — 6.01 — 34 dwelling units /acre with supporting uses such as religious institutions, schools,
commercial, office and service uses; Neighborhood Density Residential — 3 — 6 dwelling units /acre with
supporting uses such as religious institutions, schools and other small -scale non - residential uses;
Privately Owned Open Space; Environmental Features — privately owned recreational amenities and
open space, floodplains, steep slopes, wetlands, and other environmental features; and Institutional —
civic uses, parks, recreational facilities, and similar uses on County -owned property. LOCATION: North
of Proffit Road, east of Route 29 North, west of Pritchett Lane and south of the Rivanna River.
TAX MAP /PARCEL: 03200000002000; 032000000020A0; 032000000020A1; 032000000020A2;
032000000020A3;03200000002910; 03200000002300; 032000000023A0; 032000000023B0;
032000000023C0; 032000000023D0; 032000000023E0; 032000000023F0; 032000000023G0;
032000000023H0; 032000000023J0; and 032000000022KO
MAGISTERIAL DISTRICT: Rivanna
CHARACTER OF THE AREA
This area is developed with single family houses, mobile homes, a University of Virginia research park,
and commercial uses, such as an auto body shop, outdoor supply store, and a medical office facility. A
portion of the area is vacant, undeveloped land that is primarily wooded with streams running through
the area. Although the area is wooded with many mature trees and shrubs, the environmental character
of the area is beginning to change as the area becomes developed.
SPECIFICS OF THE PROPOSAL
The applicant (Neighborhood Investments) proposes to amend Proffer 5.3.1 of the approved proffers
from ZMA2000- 00009 -North Pointe. North Pointe is a proposed large, mixed use development involving
multiple parcels of land owned by different parties. This rezoning amendment relates specifically to Tax
Map 32, Parcel 22K, which is owned by Neighborhood Investments and is proposed to be a townhouse
development, located on the northern edge of the North Pointe development adjacent to Route 29.
(See shaded area on Attachment A) This would be the first section of the North Pointe development
approved for development.
There has been a recent clarification in the law regarding proffered rezonings. The prior practice in
some localities was that if multiple parcels were zoned together, a subsequent zoning amendment
could not occur unless all the parcels subject to the zoning were included in the zoning amendment
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application. Virginia Code § 15.2 -2302 now allows a landowner subject to proffered conditions to apply
to amend the proffers applicable to his or her property after providing written notice of the application to
the owners of other parcels subject to the same existing proffers. The County's zoning regulations allow
this, and the principles of allowing any landowner to apply for a rezoning apply to landowners within
planned developments as well. The other property owners must still comply with the original proffers
until they obtain an amendment. Thus, ZMA201300007, which did not include Neighborhood
Investments, was recently approved to amend minor technical corrections to the language and
deadlines in several proffers. Because the Neighborhood Investments parcel was not part of that
rezoning, the proffers accepted for ZMA200000009, the original approved rezoning, remain part of the
current zoning applicable to Neighborhood Investments. The proposed proffers applicable to the
Neighborhood Investments parcel are now different from those applicable to the remainder of North
Pointe, and will continue to be different if the Board approves this rezoning.
The proffer subject to this amendment describes construction of the Phase III road improvements, and
relates to providing road access from Route 29 to a proffered school lot. The original proffer would
require the applicant to complete Northwest Passage from North Pointe Boulevard to U.S. Route 29
and North Pointe Boulevard from Northside Drive East to Northwest Passage with the initial phase of
development of this parcel. (See the yellow and pink highlighted sections on Attachment B) The original
proffer extends the Phase III road improvements approximately 1,500 feet beyond the proposed
development on Tax Map 32, Parcel 22K.
The applicant is proposing to amend the proffers to allow the initial phase of internal road
improvements to be only the section of road that would serve the proposed development on Tax Map
32, Parcel 22K. (See the yellow highlighted section on Attachment B) The remaining section of the
Phase III internal road improvements from Parcel 22K to the school lot/Northside Drive (See the pink
section on Attachment B) is required by the original amended proffers (ZMA201300007) to be
constructed by other property owners within the North Pointe development (CWH Properties). There
are several triggers established within those proffers that assure that this section will be constructed or
bonded when needed, including when the school lot is to be developed. All the Phase III road
improvements would have to be completed within 12 months of the issuance of a building permit for the
school. Other triggers include approval of the first site plan or plat within the North Pointe development
that would authorize the aggregate of 533 units, or the 5 year anniversary of the issuance of the first
certificate of occupancy for a building within the project.
This proffer amendment allows for a shorter segment of the Phase III internal road improvements to be
built with the development of Tax Map 32, Parcel 22K. This amendment does not eliminate any of the
improvements required with the original proffer. The same segment of Phase III road improvements will
be provided through the application of either set of proffers. The difference is in the timing of the
improvements and who is responsible for each segment. Because the Neighborhood Investments
applicant anticipates moving forward on the townhouse development relatively quickly, the beginning of
the Phase III road improvements could also begin in a timely manner. Besides the responsibility of the
Phase III road improvements being separated for two individual parties, and the timing for the
completion of one internal road segment, the other changes to this proffer relate to minor technical
revisions to items that no longer apply to Neighborhood Investments. Outside of this request, the
original proffers remain unchanged.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
With the University of Virginia Research Park and the Rivanna Station military base in close proximity
to this property, the applicant believes there is a demand for townhouse development in this portion of
the County and wishes to start development of his townhouse project. Amending the proffer will provide
the applicant the opportunity to move forward in developing his property and making the necessary
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road improvements as needed for his development. It will also provide CWH Properties some additional
time, if needed, towards the development of their property. The applicant believes this proffer
amendment will allow him to begin development of housing in this portion of the County and provide the
beginning of the road network to the school lot. The proffer amendment does not propose any changes
to the zoning categories, residential or commercial densities, or permitted land uses.
PLANNING AND ZONING HISTORY
ZMA201300007, an amendment to fix several minor technical corrections regarding proffer language
and deadlines, was approved on December 11, 2013. ZMA200000009 was approved on August 2,
2006. Prior to this action, no zoning actions had been approved on the properties since they were
zoned RA in 1980. Site plans and water protection ordinance (WPO) requests specific to this tax map
and parcel have been requested. The final site plan was not approved, although some of the WPO
requests were approved but have now expired. Several subdivision plats have been recorded. A
Comprehensive Plan Amendment for the property was approved in 1994 which brought the property
into the Development Areas.
COMPREHENSIVE PLAN
The existing zoning approved for North Pointe is consistent with the Places 29 land use designations.
This rezoning request does not propose to change the land uses previously approved for North Pointe
in ZMA200000009 and the findings regarding consistency with the Neighborhood Model provided at the
time of that rezoning remain applicable.
The existing zoning approved for North Pointe proposes to construct a road network consistent with the
recommendations in Places 29. This rezoning request does not propose to change the road network
previously approved for North Pointe in ZMA200000009.
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 existing zoning approved for North Pointe supports the Plan by providing additional employment
possibilities with the proposed land uses. This rezoning request does not propose to change the uses
previously approved for North Pointe in ZMA200000009.
Relationship between the application and the purpose and intent of the requested zoning
district
PDMC districts allow for the development of large -scale commercial areas with a broad range of
commercial uses under a unified planned approach. The PDMC district is intended to be established on
major highways in the urban area and communities in the Comprehensive Plan.
There are no changes proposed to the zoning, density or land uses for this project from the approved
rezoning. The proposed proffer amendments do not violate and are consistent with the intent of the
Planned Development Mixed Commercial District. The proposed proffer amendments would still require
that all of the same road segments be constructed as proposed with the original proffers. The
amendment changes the timing for constructing those improvements and will allow for other property
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owners within the development to construct those improvements. Road segments needed to serve the
proffered school lot will be constructed when needed to serve the school lot.
Anticipated impact on public facilities and services
RtrPPta-
As noted earlier, the proposed proffer amendment allows for a shorter segment of the Phase III road
improvements to be built with the development of Parcel 22K (the section of Northwest Passage from
Route 29 to the southern end of the TMP 32 -22K). This will make development of this section of the
North Pointe development more feasible for the applicant. Proffers are in place for the North Pointe
development to ensure that the remaining section of Northwest Passage (to North Pointe Boulevard)
and North Pointe Boulevard (to Northside Drive) are constructed when the proffered school lot is going
to be developed. The revised proffers for ZMA201300007 ensure that other property owners in the
development will construct the remaining road improvements south of parcel 22K, and the other
triggers within these proffers for the construction /bonding of these road improvements have not been
changed.
Staff notes that staff did not recommend approval of the original rezoning (200000009) because of
concerns with traffic impacts of the project and the proposed phasing of road improvements ultimately
approved as part of the original zoning action. After much deliberation by the Board of Supervisors, the
North Pointe rezoning, including the phasing of road improvements was approved by the Board.
The proposed proffer amendment does not materially change the existing road system, the approved
road network or the street design within this development. The road construction for the school lot
would remain timed with the school construction (required to be constructed by another property owner
by separate proffer). Therefore, staff can support the proposed amendments to the existing proffers.
MOTiTi1G
There is a proposed elementary school for this site which would be served by the road network as
provided for in this proposal.
Fire and Rescue:
This area is served by the Hollymead Fire Station and service to this development would be provided
through the road network as provided for in this proposal.
Utilities:
The site is serviced by public water and sewer. This proposal has no affect on this service.
Anticipated impact on environmental, cultural and historic resources
There are no anticipated impacts from the proposed proffer amendment on environmental or cultural
and historic resources.
Anticipated impact on nearby and surrounding properties
There are no anticipated impacts from the proffer amendment on nearby and surrounding properties.
Public need and justification for the change
The proposed proffer amendment will provide the applicant an opportunity to develop his property and
provide a portion of the road network accessing the school lot located in the North Pointe development.
Proffers are also in place to assure that all sections of the Phase III road improvements called for in the
original proffers are constructed when needed.
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PROFFERS
The applicant has provided an amended proffer to ZMA200000009, which is summarized below. (See
Attachment C for black line of approved and amended proffers)
Proffer 5.3.1 (c): The amended proffer describes a new combined tax map and parcel number and
updated ownership information. The following table reflects the changes between the original approved
proffer and the proposed amended proffer:
Approved Proffer 5.3.1 (c) ZMA2000 -00009
Amended Proffer 5.3.1 (c) ZMA2013 -00014
A trigger for Phase I II road improvements was
This amendment no longer has a 533 dwelling
applied once the project exceeded 533
units or 5 year anniversary trigger. However,
dwelling units; the approval of a subdivision
the CWH Properties proffer still has this
plat or site plan on TMP 32 -22K, or the 5 year
trigger. The 123 townhouses proposed in the
anniversary of the issuance of the first
Neighborhood Investments property will count
certificate of occupancy. The Phase III road
against the 533 cap for CWH Properties. The
improvements were from Northwest Passage
proffer retains the plat/site plan trigger but now
from US Route 29 to North Pointe Blvd. and
describes that prior to approval of a
North Pointe Blvd. to Northside Drive.
subdivision plat or site plan for any
development of the Neighborhood Investments
or any portion, the owner will obtain all
associated permits and bonds required for
construction of the Phase III road from U.S.
Route 29 to the south property line of Tax
Map 32, Parcel 22K. The remaining section of
the Phase III road improvements will be
constructed within 12 months after issuance of
building permit for the school see below
Owner shall obtain all permits and bonds for
No change
the construction of the Phase III road
improvements.
The fourth leg of a traffic signal will be
No Change
constructed, if a portion of the signal is already
in place by others for this northernmost
entrance. If the signal is not in place and the
VDOT signal warrants are met, the owner will
install the signal.
Within 180 days after written notice from the
The amendment describes that within 12
County that it intends to build an elementary
months after issuance of the building permit
school on the School Lot, plans for road
for construction of the elementary school on
construction from U.S. Route 29 to Northside
the School Lot, if not already completed, the
Drive will be provided and completed within 12
owner will complete the improvements set
months after issuance of the building permit
forth above in the first row. This assures that
for construction of the elementary school.
all improvements contemplated in Phase III
Temporary easements will be granted as
will be constructed when the school site is
necessary for vehicles and construction
developed. Construction easements related
equipment, etc.
to the school lot were eliminated since the
school lot is located on the CWH Properties.
Within 12 months after completion of Phase III
No Change
road improvements all of the Phase III road
improvements shall be accepted, based on
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various triggers described in the proffer, by
VDOT or the County.
In general, although this proposed proffer amendment is a change from the original proffer, it does not
impact the approved road network or the street design within this development. The main change within
this proffer now describes the specific property boundary of the road improvements and the appropriate
responsible property owner.
In summary, staff can support the proposed proffer amendments.
SUMMARY
Staff has identified the following factors, which are favorable to this request:
1. The rezoning request remains consistent with the Comprehensive Plan and no
changes to uses are proposed.
2. The original intent of the phasing of road improvements is maintained with this proffer
amendment for the subject property and other remaining properties in the North Pointe
development. The same road network will be constructed when the school lot is
dedicated /developed
Staff has identified the following factors which are unfavorable to this request:
1. None, given the Board of Supervisors' approval of the original zoning and proffers,
including the phasing of road improvements.
RECOMMENDATION
Staff recommends approval of this rezoning ZMA2013000014, North Pointe Neighborhood
Investments, with the attached revised proffers, dated July 20, 2006. (Attachment C)
ATTACHMENTS
ATTACHMENT A — Tax Map
ATTACHMENT B — Application Plan, dated June 13, 2006
ATTACHMENT C — Blackline Proffers, dated July 20, 2006
PLANNING COMMISSION MOTION:
A. If the ZMA is recommended for approval: Move to recommend approval of ZMA201300014 with
amended proffers dated July 20, 2006 as recommended by staff.
B. If the ZMA is recommended for denial: Move to recommend denial of ZMA201300014. Note
reasons for denial.
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