Loading...
HomeMy WebLinkAboutZMA201300012 Staff ReportCOUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 201300012, Rivanna Village Staff: Megan Yaniglos Planning Commission Public Hearing: Board of Supervisors Public Hearing: May 6, 2014 To be Determined Owner(s): Glenmore Associates Limited Partners, Applicant: Rivanna Village LLC, Andrew Boninti with LLC Valerie Long, Williams Mullen, as the contact. Acreage: 94.76 acres Rezone from: Rezone TMP 80-51 and 80-52A from Rural Areas zoning district to NMD, and amend proffers, Code of Development and the application Ian from approved ZMA2001-008 zoned NMD. TMP: 079000000025A0; 080000000046A0; By -right use: RA- Rural Area which allows 08000000004600; 080000000046C0; agricultural, forestal, and fishery uses; residential 080000000046D0; 080000000046E0; density (0.5 unit/acre), and NMD- Neighborhood 08000000005000;08000000005100; Model District which allows residential (3-34 080000000052A0; 080000000055A0; units/acre) mixed with commercial service and 093A1000000300; and 093A1000000400 industrial uses. Location: 3677, 3701 and 3721 Richmond Road; 3760 and 3738 Cumbria Lane. Intersection of Route 250 East (Richmond Road) and Glenmore Way. Attachment A Magisterial District: Scottsville Proffers: Yes Proposal: Rezone TMP 80-51 and 80-52A from Requested # of Dwelling Units: Maximum 400 Rural Areas zoning district which allows agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) to Neighborhood Model District (NMD) which allows residential (3-34 units/acre) mixed with commercial service and industrial uses. Also, request to amend proffers, Code of Development and the application plan from approved ZMA2001- 008 zoned NMD which allows residential (3-34 units/acre) mixed with commercial service and industrial uses. 400 maximum residential units proposed including apartments, townhouses, attached and detached single family at a density of 4.2 units/acre. A maximum of 60,000 square feet of non residential uses is also proposed which would include commercial, office and retail uses. Attachments B and C DA (Development Area): Village of Rivanna Comprehensive Plan Designation: Town/Village Center- Small commercial, office, retail, service uses; park and recreation amenities; residential 3-6 units/acre. Total retail, office and institutional uses not to exceed 125,000 sf. Public Open Space- Parks, greenways, trails, and other public open saces. Character of Property: Undeveloped, mostly Use of Surrounding Properties: Glenmore, single wooded with stream buffers, wetlands, and the East family detached residential, volunteer fire station Rivanna Volunteer Fire Company. Factors Favorable: Factors Unfavorable: ZMA request: ZMA request: 1. The proposal is in substantial 1. Technical corrections to the application plan, conformity with the recommendations in code of development, and proffers are ZMA 2013-00012, Rivanna Village Planning Commission Public Hearing, May 6, 2014 Staff Report, Page 1 the Village of Rivanna Master Plan. needed. 2. The proposal is in conformity with the Neighborhood Model. 3. The proffers offered are consistent with what was previously approved with ZMA2001-008. 4. The density has been reduced from prior approval, which was a prior issue for the surrounding community. 5. A fully developed public park is offered to the County to deal with park needs. 6. Proposed development has been redesigned from prior approval to mitigate impacts on streams and wetlands. RECOMMENDATION: Staff recommends approval of ZMA2013-012 Rivanna Village with corrections to proffers, code of development and application plan. ZMA 2013-00012, Rivanna Village Planning Commission Public Hearing, May 6, 2014 Staff Report, Page 2 STAFF PERSON: Megan Yaniglos PLANNING COMMISSION: May 6, 2014 BOARD OF SUPERVISORS: To Be Determined ZMA 2013-00012, Rivanna Village PETITION PROJECT: ZMA201300012- Rivanna Village (Scottsville Magisterial District) TAX MAP/PARCELS: 079000000025A0; 080000000046A0; 08000000004600; 080000000046C0; 080000000046D0;080000000046E0;08000000005000;08000000005100; 080000000052A0; 080000000055A0;093A1000000300;and 093A1000000400 LOCATION: 3677, 3701 and 3721 Richmond Road; 3760 and 3738 Cumbria Lane. Intersection of Route 250 East (Richmond Road) and Glenmore Way. PROPOSAL: Rezone TMP 80-51 and 80-52A from Rural Areas zoning district which allows agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) to Neighborhood Model District (NMD) which allows residential (3-34 units/acre) mixed with commercial service and industrial uses. Also, request to amend proffers, Code of Development and the application plan from approved ZMA2001-008 zoned NMD which allows residential (3-34 units/acre) mixed with commercial service and industrial uses. 400 maximum residential units proposed including apartments, townhouses, attached and detached single family at a density of 4.2 units/acre. A maximum of 60,000 square feet of non residential uses is also proposed which would include commercial, office and retail uses. ENTRANCE CORRIDOR: Yes PROFFERS:YES COMPREHENSIVE PLAN: Town/Village Center- Small commercial, office, retail, service uses; park and recreation amenities; residential at no greater than 6 units/acre. Public Open Space- Parks, greenways, trails, and other public open spaces. CHARACTER OF THE AREA The site is located within the Village of Rivanna on Route 250 east, adjacent to Glenmore (to the south) and the East Rivanna Volunteer Fire Company. Stream buffers, wetlands and ponds are located on this site. The site is almost entirely wooded. There are single family residential properties to the north and east of the site, as well as across Route 250. APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant has provided a comprehensive narrative and justification for the request. See Attachment G PLANNING AND ZONING HISTORY In 1990, the Board of Supervisors approved the Glenmore Planned Residential Development (ZMA90-19) Between 1990 and 2000, there were several additions to the Glenmore Development. ZMA 93-19, ZMA 96-28, ZMA 97-08, and ZMA 99-16 added approximately 64 acres to the development and increased the number of units from 750 to 813. In 1995, the Board of Supervisors amended the setback requirements in the development with ZMA 94-26. This zoning history affects only TMP 93A1-1. TMP's 93A1-2, 3, and 4 were not part of the Glenmore rezoning; however, proffers for Glenmore affected these three parcels. TMP 93A1-2 is the parcel jointly owned by the County and the East Rivanna Volunteer Fire Company, which was proffered for a fire station and other public uses. TMP's 93A1 — 3 and 4 contain area for which a 27 -acre school site or other public use was proffered during the Glenmore rezoning and retained throughout all of the subsequent Glenmore zonings. TMP 79-25A was rezoned in 1997 from RA to R-6 with proffered plan for 24 attached units. On June 13, 2007 the Board of Supervisors approved a rezoning (ZMA2001-008) on 13 separate parcels, comprising 92.71 acres from Planned Residential Development and Rural Areas to Neighborhood Model District. This rezoning proposed a maximum of 521 residential units and 120,000 square feet of non- residential. (Attachments E and F) ZMA 2013-00012, Rivanna Village Planning Commission Public Hearing, May 6, 2014 Staff Report, Page 3 SPECIFICS OF THE PROPOSAL The applicant proposes to rezone TMP 80-51 and 80-52A from Rural Areas zoning district to Neighborhood Model District (NMD). These two parcels were shown on the original rezoning, and accommodation was made for the inclusion of the parcels in the Village of Rivanna Master Plan. The applicant is also proposing to amend the existing ZMA2001-008 that is currently zoned NMD in order to reduce the environmental impacts on the property (Attachment E). The proposal includes reducing the maximum number of residential units from 521 to 400, and 120,000 square feet of non-residential to 60,000 maximum square feet. The outer edges are proposed to be residential, and the non-residential is proposed to be located in the core of the site, along with dense residential/multi-family units. There is a proposed 70 foot reservation area for the future widening of Route 250, and a 30 foot buffer zone as well. There is also a 70 foot buffer zone adjacent to Glenmore Way. Access to the site will be from Glenmore way, and Route 250. The East Rivanna Volunteer Fire Company property is included as part of the project, and stormwater management and trails will be located on that property. An 18.4 acre park will be dedicated to the County that will contain basketball court, tennis courts, a dog park, picnic areas, trails, and a playground. A network of open spaces has been created around the streams and wetlands that are located on the property. A trail system is also proposed throughout the site. Sheet 2 of Exhibit B of the Code of Development, the ZMA Application Plan shows the proposed layout and blocks of the development and Sheet 3 of Exhibit B shows the illustrative plan. The Application Plan identifies the different blocks in the development which are described on pages 5-9, including a Table on Pages 6-9 that states the proposed uses for each block. A minimum of 275 units and a maximum of 400 units are proposed. A minimum of 20,000 square feet and maximum of 60,000 square feet of non-residential use, not including the fire station of 23,001 square feet, are proposed. The specific blocks, per the Code of Development, are described as follows: Block A: Block A will serve as a transition zone between the more rural character of Route 250 and Glenmore Way and Rivanna Village. As such, uses are relatively limited and a buffer area and open space will be provided. The "Glenmore Way Buffer" area is described in more detail in the Landscape Section. The principal use in this Block will be residential uses, which will most likely include single family detached units. However, certain non-residential uses are also permitted, but they are extremely limited. Block B: Block B continues the transition zone by extending the Glenmore Way Buffer and generally providing for residential uses.The principal use in this Block will be residential uses, which will most likely include single family attached Villa -style units. However, certain non-residential uses are also permitted, but they are extremely limited. Block C: Block C is bounded by Sweetgum Lane, Main Street, and Steamer Drive and will serve as a transition area between the lower -density areas in Block A and B and the commercial and higher - density areas in Block D. Block C is envisioned primarily for residential uses in the form of single family attached townhouse units, although non-residential units are also permitted there. Townhouse units that are constructed in Block C will likely be rear -loaded and accessed by alleys. Block D: Block D is the most intensive block in the Development, and will contain commercial, residential and civic uses. The buildings in Block D will likely contain a mixture of retail, service, office and/or residential uses. Although a variety of residential uses is permitted in this Block, such uses would likely include apartments above non-residential uses. This Block will likely provide a sense of connection to the park in Block J. Block E: Block E is envisioned to be developed with townhouse units that front on Main Street and that are served by a rear alley, although a variety of residential and non-residential uses are permitted in this Block. Block F: Block F is also envisioned to be developed with townhouse units that front on Main Street, although a variety of residential and non-residential uses are permitted in this Block. ZMA 2013-00012, Rivanna Village Planning Commission Public Hearing, May 6, 2014 Staff Report, Page 4 Block G: Block G is also envisioned to be developed with townhouse units, but other types of residential units are also permitted. An effort was made to preserve as much open space and existing vegetation between this Block and the Magruder Subdivision as possible, and to permit only very limited non-residential uses. Block H: Block H is a small Block located adjacent to the East Rivanna Fire Station parcel and the proposed County Service Authority water tank. The lots would front on Park Street. This Block is envisioned to be developed with residential units in the form of single family detached units, but all or a portion of the Block may also include indoor recreational facilities, such as tennis court. Block I: Block I permits primarily residential uses and will likely include primarily single family detached units, and will permit only limited non-residential uses. This Block will include a vehicular connection to Route 250, and will be subject to the requirements for the Route 250 "Reservation Area" and Route 250 "Landscape Buffer". Block J: Block J will include a community park that will serve as the recreational and outdoor space for not only the future residents of Rivanna Village, but for the other County residents. The park shall be built by the Owner to the standards detailed in the "Open Space & Amenities, and then dedicated to the County. Block J will also include a number of residential units that will most likely involve single family detached units. Block K: Block F is the East Rivanna Volunteer Fire Company (ERVFC) The "fixed" elements are proposed as: 1. The street system and blocks. 2. The location and amenities of the park. 3. The fire station location in Block K. 4. The mixed-use residential, commercial, and civic center of Blocks C, D, E and F. 5. The "buffer" area on Glenmore Way and Route 250 East. 6. Minimum of 20,000 sf of non-residential provided in the development. 7. If an inn is proposed, it shall contain no more than 15 guest rooms. The flexible elements shown on the "ZMA Application Plan" are: 1. The location of multifamily dwellings, shown in Blocks C, D, E, F, G, and H. 2. The location of an assisted living facility which is not shown on the plan. It could be in Blocks C, D, E, or F. 3. The location of the non-residential uses can be located in Blocks C, D, E, and F. A minimum of 20,000sf of non-residential will be provided in the development. CONFORMITY WITH THE COMPREHENSIVE PLAN Village of Rivanna Master Plan The Village of Rivanna Master Plan recognizes the prior approved rezoning (ZMA 2001-008), the Village Center (See Land Use Plan, page 8), as the basis for land use recommendations. Parcels 80-51 and 80-52A are designated in the Master Plan as Village Center. The approved zoning permits between 348 and 521 residential units and between 79,000 and 125,000 square feet of non-residential uses, which includes the fire station. The proposed plan and Code of Development allows for 275 to 400 residential units and 20,000 and 60,000 square feet of non-residential, the units proposed and density is consistent with the comprehensive plan. The Village Center within the Village of Rivanna Village Application Plan, Code, and Rivanna Master Plan Proffers ZMA 2013-00012, Rivanna Village Planning Commission Public Hearing, May 6, 2014 Staff Report, Page 5 1. The Village Center (approved in 2007 as There are a number of uses proposed to be the Rivanna Village at Glenmore) will permitted within Rivanna Village. Including both have a mixture of residential and non- residential and non-residential uses. The residential uses. Other characteristics comprehensive list is provided in Table 2.4 in the include: Code of Development. Neo -traditional streets characterized The streets proposed in Rivanna Village will by narrow widths, on -street parking, provide on street parking, curb and gutter, and curb, gutter, sidewalks, and street have sidewalks and street trees. trees. A "main street" with retail and office The commercial and non-residential areas that buildings were previously approved with ZMA2001-008 have been reduced. Blocks C, D, E, and F all line the Main Street and allow non-residential uses. There will be less non-residential than what was envisioned for the Village Center in the Comprehensive Plan. Street connections to Glenmore There are connections to Glenmore Way and Way, US 250 East, and properties to 250. The right of ways proposed connect to the the south and east of the Village property lines at the south and east portions of Center. the property allowing for future connections. A variety of housing types that Single family (attached and detached), multi - provide opportunities for all age family, duplexes, townhouses, apartments and groups, including senior housing and assisted living units are all allowable uses within housing for all socioeconomic levels, the development. The applicant has provided an to live in the Village of Rivanna. Affordable Housing proffer for units or cash -in - lieu of units, that will allow housing for all socioeconomic levels. 2. Non-residential uses, mostly in small Total maximum non-residential square footage commercial, office, retail and proposed is 60,000 without the Fire Station restaurant/inn uses. Total square footage property (and 83,000 with). Neither automobile should not exceed 125,000 for retail, repair nor self -storage are proposed as permitted office, and institutional uses, including uses. the East Rivanna Volunteer Fire Company. Automobile repair and self - storage areas are not considered appropriate uses for the Village. 3. Design at a pedestrian scale that reflects The proposed architectural standards are at a the architectural tradition of Williamsburg pedestrian scale. Specific architectural styles are and other historic towns in Virginia no longer recommended, since the prior rezoning, to be included in Codes of Development as they are difficult to enforce by Zoning. However, the form and massing and architectural techniques are specified in the Code on Page 13 and staff believes these techniques will allow a more pedestrian friendly scale and break up the facades of larger buildings. 4. A well integrated pedestrian system, Sidewalks will be located on all streets, and a trail including sidewalks and paths. system is proposed throughout the development. A variety of park and recreational The proposal includes an 18 acre public park that amenities, including open space will be dedicated to the County. Recreational appropriate to the residential needs amenities are proposed within the park, and open of the Village. space and a pedestrian trail is located throughout the development. See pages 20-23 of the Code for detailed information. Development in a manner that is The proposed architectural standards include sensitive to its location within treatments for roof materials in order to mitigate Monticello's viewshed, in accordance the concerns of the Thomas Jefferson ZMA 2013-00012, Rivanna Village Planning Commission Public Hearing, May 6, 2014 Staff Report, Page 6 with the Monticello Viewshed Guidelines for Developers. Foundation, which owns and operates Monticello. Detailed information can be found on page 14 of the Code. Minimization of adverse impacts on There are proposed vegetated buffers along residential properties adjoining the Glenmore Way and Route 250. The proposed Village Center by preserving mature non-residential is located within the core of the vegetation, having residences abut site and only residential is located on the adjoin residential properties; using perimeter of the property, adjacent to other buffers, screening and berming; and residential uses. The Illustrative Plan shows the using wide buffer strips. residential units backing up to adjacent Transportation residential property. On pages 16-18 the buffers Networks are described in detail. Shared parking In Blocks C, D, E, and F parking will be shared Parks and Open among residential and non-residential uses. Also, Space on street parking is provided throughout the development. Comprehensive Plan Map of Village Center Neighborhood Model -The Neighborhood Model describes the more "urban" form of development desired for the Development Areas. It establishes the 12 Principles for Development that should be adhered to in new development proposals. Pedestrian The application plan shows sidewalks on all streets and makes a Orientation connection to Glenmore via a trail to Glenmore Way. This principle is met. Neighborhood The street sections show parking on at least one side of the street with Friendly Streets and planting strips and sidewalks being provided. This principle is met. Paths Interconnected The application plan shows connections to Glenmore Way and Route Streets and 250. Right of way has been extended to the property line for future Transportation connections to the south and east. Internally, the street interconnections Networks have been reduced in order to reduce the impact to the environmental features. This principle is met. Parks and Open The plan shows a large portion of the site to be dedicated as a park to Space the County. Outside of this park, there are other areas in the development shown as open space, along with walking trails. This ZMA 2013-00012, Rivanna Village Planning Commission Public Hearing, May 6, 2014 Staff Report, Page 7 Population and Capacity and Future Rezonings Chapter 5 within the Village of Rivanna Master Plan addresses the population and capacity and future rezoning within the Village. The capacity of the water and sewer treatment plant is described as "dwelling units which have alreadv been approved plus the non-residential uses in the Villaae Center will use much of the remaining capacity." When the Village of Rivanna Master Plan was approved and enacted, the water and sewer and capacity took into account the original rezoning ZMA2001-008 for the recommendations. Therefore, this amendment to the rezoning does not increase the need for capacity. Transportation Chapter 5 also speaks to transportation within the Village. Again, the traffic and recommendations mentioned were for any new development outside of what had already been approved. Since this is an amendment to the original rezoning, the recommendations are not relevant to this application. 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 Rivanna Village development supports the Plan by providing additional employment, retail, office, and service uses for the residents who live within this development and this portion of the County. ZMA 2013-00012, Rivanna Village Planning Commission Public Hearing, May 6, 2014 Staff Report, Page 8 principle is met. Neighborhood The proposed development includes a minimum of 20,000 sf up to Centers 60,000 sf in non-residential uses. These uses are shown in the denser portion of the development with Bocks C, D, E and F. This principle is met. Buildings and The proposed neighborhood includes a mixture of uses, commercial, Spaces of Human multi -family, townhomes, and single family residential. The maximum Scale building height would be 60 feet for non-residential and 50 feet for residential. The garages are set back from the face or porch of the single family residential dwelling, or will be side loaded. This principle is met. Relegated Parking The garages are set back from the face or porch of the single family residential dwelling, or will be side loaded. Relegated parking will be provided where non-residential uses are proposed to the rear and side of the building. If parking is not relegated, other measures such as landscaping and permanent structure will screen the parking from the street. This principle is met. Mixture of Uses There are a number of different housing types as well as non-residential uses being proposed with this development. This principle is met. Mixture of Housing Affordable housing is being proffered with this plan. Also, the plan does Types and allow for a number of different types of housing, including multi -family, Affordability townhomes, assisted living, and single family residential. This principle is met. Redevelopment This principle is not applicable. Site Planning that The plan shows the existing water features (streams, wetlands, ponds) to Respects Terrain be preserved. However, mitigation will need to be provided for disturbance within the stream buffers. Minimal critical slopes exist on this site. Engineering recommends that mitigation be dealt with during the WPO stage of review. This principle is met. Clear Boundaries This project is within the Village of Rivanna in the Comprehensive Plan. It with the Rural Areas is located directly across from the Rural Areas along Route 250. The plan shows single family residential along this boundary, as well as, provides a 100 foot buffer along Route 250, which will provide a transition between the development and the Rural Areas. This principle is met. Population and Capacity and Future Rezonings Chapter 5 within the Village of Rivanna Master Plan addresses the population and capacity and future rezoning within the Village. The capacity of the water and sewer treatment plant is described as "dwelling units which have alreadv been approved plus the non-residential uses in the Villaae Center will use much of the remaining capacity." When the Village of Rivanna Master Plan was approved and enacted, the water and sewer and capacity took into account the original rezoning ZMA2001-008 for the recommendations. Therefore, this amendment to the rezoning does not increase the need for capacity. Transportation Chapter 5 also speaks to transportation within the Village. Again, the traffic and recommendations mentioned were for any new development outside of what had already been approved. Since this is an amendment to the original rezoning, the recommendations are not relevant to this application. 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 Rivanna Village development supports the Plan by providing additional employment, retail, office, and service uses for the residents who live within this development and this portion of the County. ZMA 2013-00012, Rivanna Village Planning Commission Public Hearing, May 6, 2014 Staff Report, Page 8 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: Neighborhood Model Districts are intended to provide for compact, mixed-use development with an urban scale, massing, density, and an infrastructure configuration that integrates diversified uses within close proximity to each other. The NMD is intended to be a flexible zoning district to allow development consistent with the goals of the land use plan/master plan and the neighborhood model principles. While this amendment is at a lower density than what was envisioned for The Village Center, staff can support the change due to the environmental impact being reduced. The general form of this proposal is consistent with the intent of the NMD district. The mix of uses within this development will provide appropriate services and activities of a neighborhood and community scale. Public need and justification for the change: The County's Comprehensive Plan supports development in the designated development areas that is consistent with the use, density, and form recommended in the Plan. The proposal is in conformity with use, density, and form recommended in the Village of Rivanna Master Plan. Impact on Environmental, Cultural, and Historic Resources: The original approved rezoning plan has been redesigned with this amendment to further mitigate impacts to the wetlands and streams located on the property. The streams are also shown on the Village of Rivanna Master Plan, however there is only a portion that are required to have a buffer. The Water Protection Ordinance (WPO) buffer is located on a portion of the streams which are within the proposed park and some parts of the stream within the WPO buffer will be impacted. Engineering staff has recommended that a mitigation plan be submitted during the site plan and water protection ordinance review. It was mentioned to the applicant that the WPO buffer is already heavily wooded and stream reforestation may not be the only solution for the mitigation plan. Additional stream stabilization, in areas needing improvement, may satisfy the conditions of a mitigation plan. The streams and wetlands that do not contain a WPO buffer and are not within the park are located within the proposed open space or between rows of lots. Where roads are proposed to cross the streams, the applicant has stated that there will be arched pipes and headwalls to mitigate the stream disturbance. All stream crossings and wetland disturbances require a DEQ permit. The applicant has been working with the Department of Environmental Quality (DEQ) and Army Corps of Engineers for permitting on the property, and for the disturbance of the wetlands. Those agencies have given permits which are included in Attachment H. The majority of the wetlands are proposed to be preserved and are located within the proposed open space, and park. There is a wetland area that is proposed to be impacted by Park Street on the southwest portion of the site. An old quarry that is on the property is intended to be preserved at the park site and become an amenity at the park. Anticipated impact on public facilities and services: Streets: An updated traffic study was provided and reviewed by the County Engineer and VDOT. The Traffic Impact Analysis (TIA) recommended a few changes and turn lanes be added on Route 250 and Glenmore Way. The applicant is proposing to implement the changes recommended by the TIA. Schools: Students living in this area would attend Stone Robinson Elementary School, Burley Middle School, and Monticello High School. Fire and Rescue: Fire and Rescue service is provided through the East Rivanna Volunteer Fire Company which is located within the development. Police officers use this facility as a satellite office when they are on -patrol. ZMA 2013-00012, Rivanna Village Planning Commission Public Hearing, May 6, 2014 Staff Report, Page 9 Utilities: This project is in the water and sewer service jurisdictional area and both services are available. A new Albemarle County Service Authority (ACSA) water tank is proposed to be installed on the fire station property. ACSA has confirmed there is sufficient sewer capacity to serve the project, which includes the required wastewater treatment plant add-ons in accordance with the 1995 Glenmore Agreement and the Glenmore WWTP Study. Full build -out of this project will require plant add-ons to ensure the wastewater treatment plant capacity is available. Cash Proffer Policy: The county cash Proffer Policy states that: It is the policy of the County to require that the owner of property that is rezoned for residential uses to provide cash proffers equivalent to the proportional value of the public facilities deemed necessary to serve the proposed development on the property. Accordingly, the Board will accept cash proffers for rezoning requests that permit residential uses in accordance with this policy. However, the Board may also accept cash, land or in-kind improvements in accordance with County and State law to address the impacts of the rezoning. The Board of Supervisors during its review of the original rezoning approved the project with a lower amount per unit for the cash proffers based on credits for the public park which is allowable in the Policy. This amendment maintains the unit amount based on this credit. There continues to be a clause within the proffer that allows for the adjustment of the amount based on the Marshall and Swift Building Cost Index (MSI). Staff believes that the proffered amount continues to address the impacts as accepted by the Board of Supervisors with the approval of the original rezoning. Anticipated impact on nearby and surrounding properties: The proposed rezoning has been the subject of many meetings, including a Community meeting held at the fire station on August 28, 2013. Also, numerous meetings between the applicant and the Village of Rivanna Advisory Council and the Homeowners Association for Glenmore have taken place. The reasons for these meetings have been to answer questions of concerned residents who believe that the project will have a negative impact on their small community. The applicant has worked consistently with many members of the community to try to develop a plan which addresses their concerns. The applicant has made changes to the code to remove proposed uses, and restrict other uses, in certain blocks in order to reduce the impact to the adjacent community. The community did raise a concern about the future construction entrance. The Glenmore residents indicated a desire to have the construction entrance located off of Route 250 and not Glenmore Way. However, VDOT has stated that this is not an option, as Glenmore Way is signalized and the entrance at 250 would not be when the first phase of development would occur. VDOT has stated that the safest place for the construction entrance would be off of Glenmore Way, and will not grant a permit for the construction entrance to be located off of Route 250. (See VDOT comments in Attachment J) During the original rezoning members of the community argued for a less dense development in this location, however the Board made the determination at the time that the density was appropriate for the Village of Rivanna, which is a Development Area as designated in the Comprehensive Plan. With this amendment, the residential density and non-residential square footage are decreasing, and is more in line with what the community wanted when the property was initially rezoned. At this juncture, staff believes that there are no negative impacts to the adjacent properties, and the impact is less than that which can be built by -right. PROFFERS The applicant has updated the original proffers. (See Attachment D) The proffers are in need of some minor technical fixes. Overall, the proffers are substantially the same as what was approved with ZMA2001-008. The following describes the proffers provided: Proffer 1. Community Development Authority Participation — The applicant has proffered to have non- residential uses participate in a CDA if the Board of Supervisors desires to use a CDA for helping to fund ZMA 2013-00012, Rivanna Village Planning Commission Public Hearing, May 6, 2014 Staff Report, Page 10 transportation improvements. Although several rezonings in recent years included a similar proffer, the Board to date pursued this option to fund needed improvements. Staff sees no problem in accepting this proffer. The Board will ultimately decide whether it wants to pursue a CDA here. Same language as original proffer. Proffer 2. Cash Proffer for Capital Improvements: The applicant is making cash proffers for funding traffic improvement projects within or immediately adjacent to the Village of Rivanna as identified in the County's Capital Improvements Program or school projects at Stone -Robinson Elementary School, Burley Middle School, and Monticello High School as identified in the County School's Capital Improvement Program. Contributions are $3,500 for each single family detached unit, $3,000 for each townhouse unit and $2,500 for each multifamily unit. The only change to this proffer is the annual adjustment language has been updated to state January 1. 2014 as the start date. Proffer 3. Route 250 and Eastern Entrance Improvements — The applicant has proffered to provide turn lanes at the eastern entrance on Route 250 before requesting a building permit for the first residential unit as well as provide a traffic signal, if and when warranted by VDOT. Same language as original proffer. Proffer 4. Route 250 and Glenmore Way Improvement — The applicant has proffered to install a signal at the entrance to Glenmore prior to approval of the last plat creating the final lots in Rivanna Village at Glenmore. This proffer is the same as what was provided in the original, and should be removed since it has been satisfied, and the signal has been installed. Proffer 5. Construction of Steamer Drive Improvements — Steamer Drive is the existing street which provides access to the Fire Station and the street which would be improved to help establish the blocks and street network in Rivanna Village at Glenmore. Rivanna Village LLC, which is making the proffers for the development, does not control the fire station parcel which is owned jointly by the County and the East Rivanna Volunteer Fire Company. Same language as original proffer with the only change being that the referenced Blocks have been updated. Proffer 6. Construction and Dedication of Parks and Recreation Improvements -- The application plan shows a public community -level park within the development which the applicant has offered to dedicate and construct. The language for the proffer has been updated to reflect the acreage, correct block where the park is located, and additional open space area for dedication. Parks and Recreation staff reviewed the plan and requested that the open space containing the trails be dedicated, and this proffer would establish that. The other change to the proffer is that the improvements will be built or bonded prior to the issuance of the Certificate of Occupancy for the 137th residential unit instead of the 174th unit. Proffer 7. Route 250 Buffer and Right of Way Dedication — The applicant is offering to dedicate 70 feet of right-of-way along Route 250 East in order to accommodate any possible future widening, and 30 feet of landscape buffer. The changes to the language in this proffer include clarification of the maintenance and access for the Owner to comply with requirements from the Architectural Review Board, prior to the dedication of the reservation zone and landscape buffer. The proffer also now states that the utilities allowed in these areas are subject to approval from the Director of Community Development (or designee). The remainder of the proffer language is the same as what was previously approved. Proffer 8. Landscape Strip Along Glenmore Way: In order to mitigate impacts to Glenmore Way, the Owner shall provide a minimum seventy (70) foot landscape buffer along Glenmore Way. This is a change from the previous approved proffered that provided only a 50 foot buffer. Proffer 9. Affordable Housing: In order to mitigate community impacts from the rising cost of housing, the Owner shall provide a minimum of 15% of the residential units as affordable or provide cash in lieu of units. The proffer has been updated to include the current amounts per the Housing Director. WAIVERS AND MODIFICATIONS The applicant has requested that the majority of the modifications to Zoning Ordinance requirements that were previously approved, be approved again. Attachment I provides a list of the requested waivers, and staff recommends re -approval of these waivers based on the previous analysis and approval. ZMA 2013-00012, Rivanna Village Planning Commission Public Hearing, May 6, 2014 Staff Report, Page 11 SUMMARY Staff has identified the following factors, which are favorable to this rezoning request: 1. The proposal is in substantial conformity with the recommendations in the Village of Rivanna Master Plan. 2. The proposal is in conformity with the Neighborhood Model. 3. The proffers offered are in conformity with what was previously approved. 4. The density has been reduced, which was a prior issue for the surrounding community. 5. A fully developed public park is offered to the County to deal with park needs. 6. Proposed development has been redesigned from prior approval to mitigate impacts on streams and wetlands. Staff has found the following factors unfavorable to this rezoning: 1. Technical corrections to the proffers, application plan, and code of development. RECOMMENDATION Based on the factors identified as favorable with this rezoning, Staff recommends approval of ZMA2013-012 provided the necessary technical changes are made in the application plan, code of development, and proffers. 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 2013-00012, Rivanna Village with the changes in the application, code of development and proffers as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this zoning map amendment: Move to recommend denial of ZMA 2013-00012, Rivanna Village based on the following identified by the Planning Commission. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. PLANNING COMMISSION MOTION—Modifications: A. Should a Planning Commissioner choose to recommend approval of the modifications listed in Attachment I: Move to recommend approval of the modifications for ZMA2013-0012 as listed in Attachment I as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of the modifications: Move to recommend denial of the modifications listed in Attachment I based on the following identified by the Planning Commission. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENT A: Vicinity and Critical Resources Map ATTACHMENT B: Application Plan ATTACHMENT C: Code of Development ATTACHMENT D: Proffers Dated April 2014 ZMA 2013-00012, Rivanna Village Planning Commission Public Hearing, May 6, 2014 Staff Report, Page 12 ATTACHMENT E: ZMA2001-008 and Amendment Application Plan ATTACHMENT F: ZMA2001-008 Proffers ATTACHMENT G: Applicant Justification ATTACHMENT H: DEQ and Army Corps Permit Approval ATTACHMENT I: Modifications Table ATTACHMENT J: VDOT comments dated January 8. 2014 ZMA 2013-00012, Rivanna Village Planning Commission Public Hearing, May 6, 2014 Staff Report, Page 13 ZMA2013-012 Rivanna Village Legend (NMe: Somelfoms on map may nor appear In kpentl) 731 y,Es�\c� ` SFS 7301 SJ\.LN `50 7 44 1 1823 S TF 68 o � S, / _-. it •-C \A ��`. e, �,-�A �� p 771 ft 5G QO GQ' l\ ('per ciswm ii` f ceoppmo Dolesermea .aieamane.orp �0� (L )28& W2 Map Is for Dlspfoy Purposes Only• Final ImI from Me O mMwealM M V80Inla and Mar Sources Tpri 28, 2014 ACr— A/GLENMORE ASSOC. RQUT2,50 POTENTIAL C�1LDESAC AREA, SEE NOTE #7 SAN. SEWER AGREEMENT ; LIMITS moommo-witz< \X\ ,X r I I i 'i LOCK A (PHASE 1) / I 1 LENMORE ASSOC. SAN. SEWER AGREEMENT LIMITS (PHASE 1a LOCK AHI (PHASE 7) LOCK F (PHASE 4) • ]BLOCK TABLE APPLICATION PLAN NOTES i it i i i SIZE • 1 i I I I I I i/ 1 1 ALL ROADWAYS SHALL BE PUBLIC EXCEPT FOR CATTAIL COURT. CATTAIL COURT AND ALL ALLEYS AND 1 PARKING LOT TRAVELWAYS SHALL BE PRIVATE ROADS. BLOCK A 9.80 ACRES 1 ]BLOCK TABLE APPLICATION PLAN NOTES NAME SIZE PHASE 1. ALL ROADWAYS SHALL BE PUBLIC EXCEPT FOR CATTAIL COURT. CATTAIL COURT AND ALL ALLEYS AND PARKING LOT TRAVELWAYS SHALL BE PRIVATE ROADS. BLOCK A 9.80 ACRES 1 2. GLENMORE WAY WILL BE CONNECTED TO ROUTE 250 VIA RIVANNA VILLAGE'S INTERNAL PUBLIC ROAD BLOCK B 6.76 ACRES 1 SYSTEM AS PART OF THE PHASE 2 DEVELOPMENT. BLOCK C 4.66 ACRES 1 3. RIVANNA VILLAGE WILL BE ENTIRELY SERVED BY PUBLIC WATER AND SEWER. BLOCK D 2.39 ACRES 4 4• THE EAST RIVANNA VOLUNTEER FIRE COMPANY WILL BE CONNECTED TO PUBLIC WATER AND SEWER AS PART OF PHASE 1 DEVELOPMENT. BLOCK E 2.76 ACRES 1 5. ROUTE 250 AND GLENMORE WAY ROAD IMPROVEMENTS TO BE CONSTRUCTED IN ACCORDANCE WITH BLOCK F 1.62 ACRES 4 THE APPROVED TRAFFIC IMPACT ANALYSIS, VDOT, AND COUNTY RECOMMENDATIONS. BLOCK G 5.62 ACRES 3 6 A K IPROVEMENTS IN BLOCK J WILL BE PHASED AS REQUIRED BY PARAGRAPH SIX OF THE THE PARK PROBLOCK H 2.03 ACRES 7 7. IN BLOCK B, STEAMER DRIVE IS SHOWN AS A VEHICULAR CONNECTION TO GLENMORE WAY. IF ACCEPTABLE BY THE BOARD OF SUPERVISORS AS PART OF THE APPROVAL OF ZMA 2013-00012, SUCH BLOCK 1 21.90 ACRES 2&5 VEHICULAR INTERCONNECTION SHALL BE REPLACED WITH A CUL-DE-SAC ADJACENT TO GLENMORE WAY, WHICH WILL INCLUDE A MINOR ENCROACHMENT INTO THE GLENMORE WAY BUFFER AS SHOWM BLOCK j 31.22 ACRES SEE NOTE #6 HEREON. SUCH CHANGE WILL ALSO CREATE VARY MINOR ADJUSTMENTS TO THE TOTAL ACREAGE OF THE LINEAR PARK AND OPEN SPACE. ROUTE 250 IMPROVEMENTS (PER APPROVED TIA RECOMMENDATIONS) �—ACSA/GLENMORE ASSOC. SAN. SEWER AGREEMENT LIMITS 70' ROUTE 2,50 RESERVATION ZONE 30' LANDSCAPING BUFFER STRIP 0 50' 100' 200' 400'