HomeMy WebLinkAboutSP200800045 Legacy Document 2008-11-07L016111 . r i 9•13K► R * UI LI Z4 W4
Project Name: ZMA 2008-04 MGIC Expansion
Staff: Claudette Grant
(Revised) along with SP 2008-45 and 46
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
October 11, 2008
October 12, 2008
Owners: Next Generation, LLC (United Land
Applicant: United Land Corporation with Collins
Corporation -Wendell W. Wood)
Engineering (Scott Collins) as contact
Acreage: approx. 15 acres
Rezone from: CO with plan to CO with plan
TMP: 33-1 D (portion)
By -right use: Offices, supporting commercial and service
uses, and residential use by special use permit (15 units/
acre)
Magisterial District: Rivanna
Proffers: Yes
Requested # of Dwelling Units: 120 (No change from
Proposal: Amend proffered plan for ZMA 2007-
003 to allow an additional 2 2, 100 square feet of
previous SP)
basement storage area in Building #1 and an
additional 44,200 square feet of basement storage
area in Building #2 in two 4 -story buildings of
89,400 square feet each. This proposal also
includes two concurrent special use permits SP
08-045, an amendment to SP 2007-031, to allow
relocation on property, of a 3 -story, 120 unit
apartment building and SP 08-46, an amendment
to SP 2007-032, to allow revision of research and
development uses in the proposed office
buildings.
Comp. Plan Designation: Industrial Service
DA (Development Area): Community of Piney
Mountain
Use of Surrounding Properties: National Ground
{Character of Property: The subject property is
located east of Route 29 North, at the end of
Intelligence Center (NGIC), The subject property is
Boulders Road. Building #1 and the area are
currently under construction. Surrounding property is
currently under construction.
undeveloped/rural.
Factors Favorable:
Factors Unfavorable:
1. The rezoning and special use permits are
1 _ The plan, which is proffered, shows stormwater
consistent with the land Use Plan.
management facilities which are inadequate for
2. The extension of Boulders Road, which is
the site. The site is already constrained and larger
a desired loop road to Route 29 shown in
stormwater management facilities cannot be
the Places 29 draft master plan remain in
accommodated and still meet County
the proffered plan.
requirements.
RECOMMENDATION: Staff cannot recommend approval of a plan that shows stormwater
management that is not adequate to the site. Should the applicant provide a revised plan that
adequately resolves the outstanding issues with the stormwater management, he would also need to
change the date of his plan in the proffers. With a revised plan and proffers that are technically and
legally acceptable, staff could support the project.
Staff recommends re -approval for the requested special use permits, should the rezoning be approved
with the existing conditions.
PLANNING STAFF REPORT SUMMARY
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS
CLAUDETTE GRANT
NOVEMBER 11, 2008
NOVEMBER 12, 2008
ZMA 08-04 NGIC Expansion
SP 08-45 Special Use Permit -Residential Units
SP 08-46 Special Use Permit -Research & Development; Labs
PETITIONS
PROJECT: ZMA 2008-004
PROPOSAL: Amend general development plan for ZMA 2007-003. Approx. 15 acres
CO Commercial Office - offices, supporting commercial and service uses; and residential
use by special use permit (15 units/ acre) to allow an additional 22,100 square feet of
basement storage area in Building #1 and an additional 44,200 square feet of basement
storage area in Building #2 in two 4 -story buildings of 89,400 square feet each. This
proposal also includes two concurrent special use permits SP 08-045, an amendment to
SP 2007-031, to allow relocation on property, of a 3 -story, 120 unit apartment building
and SP 08-46, an amendment to SP 2007-032, to allow revision of research and
development uses in the proposed office buildings.
PROFFERS: Yes
EXISTING COMPREHENSIVE PLAN LAND USEIDENSITY: Industrial Service --
warehousing, light industry, heavy industry, research, office uses, regional scale
research, limited production and marketing activities, supporting commercial, lodging
and conference facilities, and residential (6.01-34 units/acre) in the Community of Piney
Mountain in the Development Area.
ENTRANCE CORRIDOR: Yes
LOCATION: east of Route 29 North, at the end of Boulders Road, adjacent north of the
NGIC facility
TAX MAP/PARC EL: Portion of Tax Map 33 Parcel 1 D
MAGISTERIAL DISTRICT: Rivanna
PROJECT: SP 2008-45 (refer to ZMA 08-004 NGIC Expansion revised)
PROPOSED: Relocation on the property of 120 unit three-story apartment building at a
gross density of 8.0 units per acre on an approximately 15 -acre site.
ZONING CATEGORY/GENERAL USAGE: Existing Zoning is CO Commercial Office -
offices, supporting commercial and service uses; and residential use by special use
permit (15 units/ acre).
SECTION: 18.23.2.2(9) uses permitted in Residential R-15 Zoning District.
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Industrial Service --
warehousing, light industry, heavy industry, research, office uses, regional scale
research, limited production and marketing activities, supporting commercial, lodging
and conference facilities, and residential (6.01-34 unitslacre) in the Community of Piney
Mountain in the Development Area.
ENTRANCE CORRIDOR: Yes
LOCATION: east of Route 29 North, at the end of Boulders Road, adjacent north of the
NGIC facility
TAX MAP/PARCEL: Portion of Tax Map 33 Parcel 1 D
MAGISTERIAL DISTRICT: Rivanna
PROJECT: SP 2008-46 (refer to ZMA 08-604 NGIC Expansion revised)
PROPOSED: Revision to allow for research & development uses within proposed CO
Zoning District Office Buildings, 178,800 square feet of office space in two 4 -story
buildings of 89,400 square feet each. ZMA 2008-004 proposes to allow an additional
22,100 square feet of basement storage area in Building #1 and an additional 44,206
square feet of basement storage area in Building #2.
ZONING CATEGORY/GENERAL USAGE: Existing Zoning is CO Commercial Office -
offices, supporting commercial and service uses; and residential use by special use
permit (15 units/ acre).
SECTION: 18.23.2.2(12) Research and development activities including experimental
testing and 18.23.2.2(13) labs.
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Industrial Service --
warehousing, light industry, heavy industry, research, office uses, regional scale
research, limited production and marketing activities, supporting commercial, lodging
and conference facilities, and residential (6.01-34 units/acre) in the Community of Piney
Mountain in the Development Area.
ENTRANCE CORRIDOR: Yes
LOCATION: east of Route 29 North, at the end of Boulders Road, adjacent north of the
NGIC facility
TAX MAP/PARCEL: Portion of Tax Map 33 Parcel 1D
MAGISTERIAL DISTRICT: Rivanna
CHARACTER OF THE AREA
The site is approximately 15 acres in size and is zoned CO Commercial Office and is a
portion of tax map 33 parcel 1 D. It is located in the Development Area. Construction is
currently taking place on the parcel. The site is located east of Route 29, just beyond the
end of existing Boulders Road to the northeast. The National Ground Intelligence Center
{NGIC} facility, which is zoned LI Light Industrial, is located to the south west of the site.
The property is partially wooded, open and under construction. Adjoining property, with
the exception of the NGIC facility, is owned by the applicant and is zoned Rural Areas or
PRD Planned Residential north of the site. Across Route 29 to the west are the
Briarwood and Camelot subdivisions, and to the north the GE Fanuc facility.
(Attachment I and Attachment II)
SPECIFICS OF PROPOSAL
The applicant has provided an amendment to the proffered plan for ZMA 2007-003
(dated August 18, 2008) to add two (2) underground stories to one building and one (1)
underground story to the other building. A new biofilter stormwater area is shown on this
plan. The details are as follows: Building #1 is a 4 -story office building of 89,400 square
feet with the new addition of a 1 -story basement storage space (an additional 22,100
square feet). Building #2 has the same configuration as Building #1 with the exception
that Building #2 has a new addition of a 2 -story basement storage space (an additional
44,200 square feet). The 120 -unit apartment building will remain on the site, however,
the applicant proposes to relocate the building slightly, in order to accommodate a
biofilter. (See Attachment III) The special use permits will allow for the residential uses
and slight relocation of the building, along with the possibility for additional future
employment uses, like research and development. This proposal is intended to provide
additional supportive storage space for the offices located above the basement units.
Rather than construct the areas as storage -only areas with less than a full -floor in floor
height, the applicant has asked for full stories, which requires this amendment.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant has indicated that the public benefit to this request is that it will provide
employment opportunities to Albemarle County.
PLANNING AND ZONING HISTORY
A rezoning was submitted in 1999 (ZMA 99-02) for a portion of TMP 33-1 D for Value
America to Light Industrial, but was eventually deferred and withdrawn. The adjoining
NGIC facility was constructed and occupied around 2000. ZMA 2007-03 was a rezoning
from RA (Rural Area) to CO (Commercial Office) that was approved August 1, 2047.
Also approved on August 1, 2007 was SP 2007-31 for a special use permit for a 120 -unit
three-story apartment building and SP 2007-32 to allow for research & development
uses within proposed CO Zoning District Office Buildings, 178,800 square feet of office
space in two 4 -story buildings of 89,400 square feet each.
COMPREHENSIVE PLAN:
The Land Use Plan designates this property as Industrial Service in the Community of
Piney Mountain. (See inset below)
The expansion of the two office buildings with additional basement storage areas
remains in keeping with the Industrial Service designation. Staff has found the proposal
consistent with this land use designation and with the specific recommendations for
Piney Mountain. Assessment of Comprehensive Plan recommendations were completed
with the ZMA 2007-03 rezoning. (See Attachment V)
The Neighborhood Model describes the more "urban" form of development desired for
the Development Areas. During the 2007 rezoning, the applicant indicated, that due to
the specific needs of the intended user and government security regulations, it would be
ZMA 08-04; SP 08-45 & 46 NGIC Expansion Revised
Planning Commission 11/11/08 Board of Supervisors 11/12/08
4
difficult to meet the principles of the Neighborhood Model. The site was designed to
comply with the Department of Defense's Minimum Antiterrorism Standards for
Buildings. These standards require setbacks, or "standoff distances", from the perimeter
of the site and parking areas in locations that make it difficult to meet some of the
neighborhood model principles. Considering the circumstances influencing this proposal,
the Board accepted the exceptions to the Neighborhood Model. A full Neighborhood
Model Analysis is not applicable for this project since conformity with the Neighborhood
Model was also assessed with the ZMA 2907-03 rezoning to CO.
Although the Places 29 Master Plan is not yet adopted by the County, the draft master
plan recommendations for this property were assessed and have been considered in
review with the ZMA 2007-03 rezoning request.
Relationship between the application and the purpose and intent of the requested
zoning district
CO districts are intended to permit development of administrative, business and
professional offices and supporting accessory uses and facilities. The district is intended
as a transition between residential districts and other more intensive commercial and
industrial districts.
As determined with ZMA 2007-003, staff believes the proposal is consistent with the
intent of the district and does serve as an appropriate transitional zoning district between
industrial and residential.
The additional square footage requested increases the required parking spaces
for the site. The applicant requested a parking modification to the zoning
requirements because the additional area for storage would not create the need
for additional parking. The parking modification request was approved with
conditions that tie the storage use directly to the office uses on the upper four
floors of each office building. The proffers include compliance with the proffered
plan that includes the parking and use breakdown of the proposed buildings,
which is consistent with the modification approval.
Anticipated impact on public facilities and services
Staff does not anticipate the addition of basement area for storage use in both office
buildings and the minor relocation of the residential building to add additional new
impacts to streets, schools, fire, rescue, and police that was not already assessed with
ZMA 2097-003.
Utilities — As with the earlier rezoning, Albemarle County Service Authority (ACSA) is
concerned with sewer needs and insufficient capacity. ACSA has said they cannot
accept the projected wastewater flows until all improvements to the Camelot Wastewater
Treatment Plant are complete. The improvements to the Camelot Wastewater Treatment
Plant are currently under construction and improvements should be completed and on-
line by January 1, 2009. (See Attachment VI)
Stormwater Management — The plan under review with this rezoning shows two biofilter
locations for pre-treatment for stormwater management that were not shown on the
approved rezoning plans. These areas affect layout of the building and parking because
no additional area on-site is available for stormwater management and it was expected
that stormwater management would occur off-site during the previous rezoning.
Engineering staff has pointed out that the existing stormwater management is not
adequate for the site or the proposal. (See Attachment VII) The applicant has provided
an agreement between Wendell Wood of Next Generation, L.L.C. and The United States
Army Corps of Engineers, Norfolk District, which allows the Army property to provide
storm water detention for Next Generation, LLC. (See Attachment VIII) However, staff
does not have sufficient information showing how this will be done and if it can work
adequately. The applicant is working with staff to resolve this issue.
Transportation — VDOT had no comments. (See Attachment IX)
Anticipated impact on cultural and historic resources
Possible impacts on cultural and historic resources were reviewed with ZMA 2007-003.
Staff is not aware of any significant changes to the cultural and historic resources since
the 2007 rezoning.
Anticipated impact on nearby and surrounding properties
As previously stated staff does not anticipate the addition of basement area for storage
use in both office buildings and the minor relocation of the residential building to add
additional new impacts to nearby and surrounding properties. The office and residential
uses are supportive of the adjacent properties.
Public need and justification for the change
The addition of basement area for storage use in both office buildings and the minor
relocation of the residential building remain consistent with the Industrial Service
designation of the Land Use Plan. This rezoning amendment will provide additional
support to the two office buildings and residential building that will provide additional
employment opportunities in the County, in support of the NGIC and national defense
facilities.
PROFFFRS
The proffers for this rezoning include the existing approved proffers and the following
changes: Proffer 4. Development in general accord with the Application Plan
has been revised to be consistent with the most recent plan submitted, entitled
"Amendment to the General Development Plan for ZMA 2007-003".
Proffer 7. Storage Area is a new proffer that confirms the use of the proposed storage
area for general files, data, equipment and other related items supportive of the office
space located on the top 4 levels of each of the two office buildings.
PROFFERED PLAN
The applicant has provided and proffered an amendment to the proffered plan for ZMA
2007-003, dated August 18, 2008. However, as previously stated in this report the plan
now shows stormwater facilities that are not adequate. Staff cannot support this plan.
Staff Comment on SP 2008 -45 -Request for R15 Residential Uses in the CO
Commercial Office District
There is no change proposed to the special use permit except for the slight
relocation of the residential building as shown on the proffered plan. The
previously approved conditions are attached. (See Attachment X) The new
analysis is provided below:
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance as
follows:
37.2.4.7: Special Use Permits provided for in this ordinance may be issued
upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property,
No detriment to adjoining properties is anticipated from the requested residential
uses.
that the character of the district will not be changed thereby and
The project site is in a currently undeveloped area under construction but the
proposed office buildings and apartment building will not be out of character,
based on the existing NGIC facility and anticipated Neighborhood Service center
and other future land uses.
that such use will be in harmony with the purpose and intent of this
ordinance,
The proposed use is consistent with the intent of the CO zone which is to have
administrative, business, and professional offices and supporting accessory
uses and facilities.
with uses permitted by right in the district,
Uses allowed by -right in the CO District include a range of primarily office and
civic uses. The apartments are not in conflict with any of these uses. The project
was designed to coordinate the office and residential buildings on the site.
with the additional regulations provided in section 5.0 of this ordinance,
No additional regulations apply to residential uses. The residential uses are
subject to the R15 zoning district regulations.
and with the public health, safety and general welfare.
The public health, safety, and general welfare of the community are protected
through the special use permit process which assures that the proposed uses
are appropriate in the location requested. There are no safety concerns with the
proposed residential uses.
Staff Comment on SP 08-46 for Research and development activities including
experimental testing and Laboratories, medical or pharmaceutical.
There is no change proposed to the previously approved special use permit. The current
request would allow the buildings with basements to be used for research and
development activities desired by the owner.
Staff will address each provision of Section 31.2.4.1 of the Zoning
Ordinance as follows:
31.2.4.1: Special Use Permits provided for in this ordinance may be issued
upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property,
No detriment to adjoining properties is expected.
that the character of the district will not be changed thereby and
The project site is in a currently undeveloped area under construction. The
research and development use should not change the character of the district
because of the location of the proposed buildings adjacent to the NGIC site.
that such use will be in harmony with the purpose and intent of this
ordinance,
The proposed use will be in harmony with the CO district. The intent of which is to
provide for offices and supporting facilities.
with uses permitted by right in the district,
The proposed use would compliment nearby proposed office uses.
with the additional regulations provided in section 5.0 of this ordinance,
There are no supplemental regulations in Section 5.0 of the Zoning Ordinance
for this use.
and with the public health, safety and general welfare.
There are no concerns identified at this time. Typically, applicants are required to
provide a certified engineers report at the site plan or zoning clearance stage for any
research, development or lab uses so that any concerns can be addressed.
SUMMARY:
Staff has identified the following factors favorable to the rezoning and special use
permits requested:
1. The rezoning and special use permits are consistent with the Land Use Plan.
2. The extension of Boulders Road, which is a desired loop road to Route 29 shown
in the Places 29 draft master plan remain in the proffered plan.
Staff has identified the following factors unfavorable to this request:
1. The plan, which is proffered, shows stormwater management facilities which are
inadequate for the site. The site is already constrained and larger stormwater
management facilities cannot be accommodated and still meet County
requirements.
RECOMMENCED ACTION:
ZMA 2008-004
Staff cannot recommend approval of a plan that shows stormwater management
that is not adequate to the site. Should the applicant provide a revised plan that
adequately resolves the outstanding issues with the stormwater management,
he would also need to change the date of his plan in the proffers. With a revised
plan and proffers that are technically and legally acceptable, staff could support
the project.
M
Staff recommends the following existing conditions for re -approval for the
requested special use permits, should the rezoning be approved:
SP 2008-045
1. A maximum number of 120 apartment units shall be permitted.
SP 2008-046
1. Future research, development/laboratory tenants will be subject to approval of a
certified engineer's report prior to final site plan approval or occupancy,
depending on timing.
2. If any discharge of other than domestic wastes into the public sewer system is
expected, the ACSA shall be so notified prior to site plan approval.
ATTACHMENTS
Attachment I — Location Map
Attachment II — Tax Map
Attachment III —Amendment to the General Development Plan for ZMA 2007-003, dated
August 18, 2008
Attachment IV — Revised Proffer Statement dated October 16, 2008
Attachment V — Planning Commission Staff Report, dated July 10, 2007
Attachment VI - Albemarle County Service Authority electronic mail from Gary Whelan,
dated September 8, 2008 and Pete Gorham, dated October 7, 2008
Attachment VII — Electronic mail from Glenn Brooks, dated October 30, 2008
Attachment VIII —Agreement between Wendell Wood and Dillard Horton, dated June 16,
2008
Attachment IX — Letter to Bill Fritz, dated September 26, 2008
Attachment X — Letter to Wendell Wood, dated August 16, 2007
vigil
all
PROFFER STATEMENT
NGIC EXPANSION
Date: October 1 b, 2008
ZMA 2007-003; SP 2007-32 Residential & SP 2007-31 Research & Development Labs
Tax Map Parcel # 33-1D and 33-1F (portion of)
Existing Zoning: CO
Zoning: CO: SP 2007-32 Residential & SP 2007-31 Research & Development Labs
Total Land Area: 15 Acres
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby
voluntarily proffers the conditions Iisted below which shall be applied to the property, if rezoned with the offered plans
approved for development. These conditions are proffered as a part of the requested rezoning and it is agreed that the
conditions are reasonable.
Affordable housin
The Owner shall provide a minimum of eighteen (18) of the residential units as affordable. The affordable housing snail
be provided by making these units available for lease under the terms provided in the following paragraph and
paragraphs A through F below or by payment of $19,100 in lieu of each required unit under the terms provided in
paragraph G below.
For a period of ten (10) years following the date the certificate of occupancy is issued by the County for each
for -rent affordable unit, or until the units are sold as low or moderate cost units qualifying as such under either the
Virginia Housing Development Authority, Farmers Home Administration, or Housing and Urban Development, Section
8, whichever comes first (the "Affordable Term"), such units shall be leased to households with incomes less than the
Affordable Unit Qualifying Income.
A. Affordable housing and rental rate. "Affordable housing" shall mean rental units for which the initial gross rents
does not exceed one hundred twenty (120) % of the fair market rent published by the U.S. Department of Housing
and Urban Development (HIJD) with a maximum annual increase not to exceed three percent (3%) during the
affordability term. Tenant rent shall be the gross rent less the cost of tenant -paid utilities as provided by the
Albemarle County Office of Housing.
B. Affordable term, The requirement that the rents for such for -rent affordable units may not exceed the maximum
rents established in this Proffer shall apply for a minimum period of ten (10) years following the date a certificate
of occupancy is issued by the County (the "compliance date"), or until the units are sold as low or moderate cost
units qualifying as such under Albemarle County Affordable Housing Policy (the "Affordable Term"); provided
that if the units are leased by the Owner to a federal agency, the compliance date for providing the affordable
residential units begins on the day after the termination of such lease of residential units) between the Owner and a
federal agency. The Domer shall provide the County's zoning administrator thirty (30) days' prior written notice of
the impending termination of the lease. The Owner also shall submit between June 1 and July 1 of each year
satisfactory written evidence to the County's zoning administrator that the residential units are being leased to a
federal agency and occupied by employees of, or contractors to, a federal agency, and state whether the lease will
terminate in the upcoming July 1 to June 30 period and, if so, state the date. The failure of the Owner to submit
such evidence by July 1 in any year shall be deemed to be evidence that the lease between the Owner and the
federal agency has terminated and the Owner shall comply with all requirements of this Proffer.
i
Am.,ichment 1V
C. Conveyance of interest All instruments conveying any interest in the for -rent affordable units from the date of this
rezoning and continuing until the Affordable Term has ended shall contain language reciting that such unit is
subject to the terms of this Proffer. In addition, all contracts pertaining to a conveyance of any for -rent affordable
unit, or any part thereof, during the Affordable Term shall contain a complete disclosure of the restrictions and
controls established by this Proffer. At least thirty (30) days prior to the conveyance of any interest (other than for
the securing of a mortgage or deed of trust) in any for -rent affordable unit during the Affordable Term, the then -
current owner shall notify the Albemarle County Chief of Housing or his successor in writing of the conveyance
and provide the name, address and telephone number of the potential grantee, and state that the requirements of
this Proffer have been satisfied
D. Rewr ng rental rates. During the Affordable Term, within thirty (30) days after the commencement of the lease
term for each for -rent affordable unit, the Owner shall provide to the Albemarle County Housing Office or its
successor a copy of the lease agreement for each such unit rented that shows the rental rate for such unit and the
term of the lease. In addition, during the Affordable Term, the Owner shall provide to Albemarle County, if
requested, any reports, copies of lease agreements, or other data pertaining to rental razes as Albemarle County
may reasonably require.
E. h%Mg tion of records. The County shall have the right, upon reasonable notice and subject to all applicable
privacy laws, to periodically inspect the records of the Owner or any successors in interest for the purposes of
assuring compliance with this proffer.
F. Vmifs counted once. No for -rent affordable unit may be counted more than once towards the number of for -rent
affordable dwelling units required by this Proffer.
G. Cash in lieu ofpro j ng for -rent affordable units.. Notwithstanding the foregoing, the Countymay opt to receive a
cash contribution in the amount of nineteen thousand one hundred dollars ($19,100) per for rent affordable unit and
notify the Owner in writing of its decision within thirty (30) days of the issuance of the building permit for such
residential unit. The Owner shall make a cash contribution to the County in the appropriate amount prior to or at the
time of issuance of a certificate of occupancy for such residential unit. Upon receipt of such payment by the
County, the Owner shall have the right to lease or sell the residential unit without any obligation to comply with the
requirements of paragraphs A through F of this Proffer.
Cash to address imyatts to public faeitities WIN
The Owner shall contribute twelve thousand four hundred dollars ($12,400) cash to the County for each market rate
dwelling unit constructed within the Property for the purpose of mitigating impacts fiom the Project The cash contribution
shall be used for schools, libraries, fire, rescue, parks or any other public use as identified in the Coun ty's Capital
Improvements Program. The per unit cash contribution shall be paid prior to or at the time of issuance of the building
permit for each unit.
Transportation
A. Lanes. In order to mitigate traffic impacts resulting from the Project, the Owner shall design and construct to
Virginia Department of Transportation ("VDOT") road standards a second left tum lane on the southbound side of
Route 29 at -its intersection with Boulders Road, in the location shown on the Application Platt, and design and
construct all other lane configurations at the intersection of Route 29 and Boulders Road as determined by VDOT.
Construction or installation of all improvements required by this Proffer shall be completed and accepted by
VDOT within one (I) year after approval by the County of the first final site plant or subdivision plat for the
Project.
B. SigLialization. The Owner shall design, bond and construct all traffic signalization improvements at the intersection
of Route 29 and Boulders Road required by VDOT. Construction or installation of all improvements required by
this Proffer shall be completed and accepted by VDOT within one (1) year after approval by the County of the first
final site plan or subdivision plat for the Project, or prior to the issuance of the first building permit by the County
for the Project, whichever occurs first, provided that County, upon the recommendation of VDOT, may establish
another completion date.
Development in general accord with the Application Plan
The Property shall be developed in general accord with the plans entitled "Amendment to the General Development Plan
for ZMA-2007-003", prepared by Collins Engineering, dated August 18,2008 Amendment (referred to in these proffers as
the "Application Plan" if a minimum of forty thousand (40,000) square feet of the property is under a legally binding lease
for nonresidential use by a federal agency, as demonstrated to the satisfaction of the County Attorney. Proof of the legally
binding lease shall be submitted at the time of submittal of the first building permit application_ If the property is not under
a legally binding lease to a federal agency, the property shall be developed to allow not more than two office buildings and
one apartment building that shall be developed only if in general accord with pians which substantially comply with the
principles of the Neighborhood Model set forth in the Albemarle County Comprehensive Plan as determined by the
Director of Community Development and that do not increase the square footage of nonresidential uses or the number of
residential units as shown on the Application Plan.
Annual ad
'ustrneat of cash proffers
Beginning January 1, 2004, the amount of each cash contribution required herein shall be adjusted annually until paid, to
reflect any increase or decrease for the preceding calendar year in the Marshall and Swift Building Cost Index ("MSI"). In
no event shall any cash contribution amount be adjusted to a sum less than the amount initially established by these
proffers. The annual adjustment shall be made by multiplying the proffered cash contribution amount for the preceding year
by a fraction, the numerator of which shall be the MSI as of December I in the year preceding the calendar year most
recently ended, and the denominator of which shall be the MSI as of December in the preceding calendar year. For each
cash contribution that is being paid in increments, the unpaid incremental payments shall be correspondingly adjusted each
year.
"Federal seency" defined
For the purposes of these proffers, the term "federal agency" means any unit of the federal government including, but
not limited to, any board, commission, bureau, department, agency, authority, administration, office, or service.
Storage Area
The following areas, as shown on the plan entitled "Amendment to the General Development Plan for ZMA-2007-003"
prepared by Collins Engineering and dated 8118108 shall be utilized for storage of general files, data, equipment and other
related items supportive of the office space located an the top 4 levels of each of the two respective buildings:
a. One (1) basement level within building # 1 consisting of 22,100 sq. ft. of gross floor area.
b. Two (2) basement Ievels within building #2 consisting of 44,200 sq_ ft- of gross floor area.
These levels shall not include any office space.
Signature of Owner
Next Generation LLC
BY: ,., it 21 01Z
Wendell W. Wood, Operating Manager Date
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 07-03 NGIC Expansion
Staff: Rebecca Ragsdale
along with SP 2007-31 and 32
Board of Supervisors Public Hearing:
Planning Commission Public Hearing:
July 10, 2007
August 1, 2007
Owners: Next Generation LLC (United Land
Applicant: Collins Engineering (Scott Collins, PE/Kirsten
Corporation -Wendell W. Wood)
Munz, PE, AICD)
Acreage: approx. 15 acres
Rezone from: RA Rural Areas
TMP: portions of TMP 33 -ID and 33-1F
By -right use: up to 5 additional lots, if property has all
development rights; rural/agricultural uses
Magisterial District: Rivanna
Proffers: No
Proposal: Rezone to CO Commercial Office,
Requested # of Dwelling Units: 120
with special use permits, to allow two 4 -story
office buildings of 89,400 square feet each and a
three-story 120 -unit residential building.
DA (Development Area): Community of Piney
Comp. Pian Designation: Industrial Service
Mountain
Character of Property: Undeveloped, open field
Use of Surrounding Properties: National Ground
and some wooded areas
Intelligence Center (NGIC) and undeveloped/rural
Factors Favorable: (1) The rezoning and special
Factors Unfavorable: (1) VDOT has requested a traffic
use permits are consistent with the Land Use Pian
impact analysis and staff is still awaiting comments from
and are very minor amendments to an already
VDOT on whether that will still be required. The applicant
approved development. (2) The applicant has
would like to address traffic impacts through proffers. (2)
provided for the extension of Boulders Road, a
Boulders Road, as proposed on the application plan, does
desired loop road to Route 29 as shown in the
not include a typical section that accommodates
Places 29 draft master plan.
pedestrians. A proposed typical section should be
provided that indicates features such as sidewalk, bike
lanes, etc along with design standards for the
Development Areas. The applicant has indicated this will
be provided. (3) The applicant has not yet provided
proffers that address the following: the Board of
Supervisors' cash proffer policy per residential unit;
Affordable Housing policy; Proffer the application plan;
and proffers to address specific transportation
improvements and their timing, based on requests from
VDOT and the County. However, the applicant has
indicated they intend to provide proffers and an application
pian to address these outstanding issues listed.
RECOMMENDATION: Staff cannot recommend approval of ZMA 07-03 without a proffered
application plan and proffers that address the project's impact. However, the applicant has indicated
they will provide necessary revisions to the application plan and proffers to address all outstanding
issues listed above. Should the applicant provide a proffered application and proffers in a form that
addresses the substantive issues and are technically and legally acceptable, then staff could support
the project. Should the rezoning be approved, staff recommends approval of the special use permits
with conditions.
Attachment V
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS
REBECCA RAGSDALE
JULY 10, 2007
AUGUST 1, 2007
ZMA 07-03 NGIC Expansion
SP 07-31 Special Use Permit -Residential Units
SP 07-32 Special Use Permit -Research & Development; Labs
PETITIONS
PROJECT: ZMA 2007-003
PROPOSAL: Rezone approx. 15 acres from RA Rural Areas Zoning District, which allows
agricultural, forestal, and fishery uses; residential density (0.5 unit/acre), to CO Commercial
Office — offices, supporting commercial and service uses; and residential use by special use
permit (15 units/ acre) to allow for up to 178,800 square feet of office space in two 4 -story
buildings of 89,400 square feet each. This proposal also includes two concurrent special use
permits SP 07-031 to allow a 3 -story 120 unit apartment building and SP 07-32 to allow research
and development uses in the proposed office buildings.
PROFFERS: No
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Industrial Service --warehousing,
light industry, heavy industry, research, office uses, regional scale research, limited production
and marketing activities, supporting commercial, lodging and conference facilities, and residential
{6.01-34 units/acre) in the Community of Piney Mountain in the Development Area.
ENTRANCE CORRIDOR: Yes
LOCATION: east of Route 29 North, at the end of Boulders Road, adjacent north of the NG IC
facility
TAX MAP/PARCEL: Portion of Tax Map 33 Parcels 1 D & 1 F
MAGISTERIAL DISTRICT: Rivanna
PROJECT: SP 2007-31 (refer to ZMA 07-003 NGIC Expansion)
PROPOSED: 120 unit three-story apartment building at a grass density of 8.0 units per acre on
an approximately 15 -acre site.
ZONING CATEGORY/GENERAL USAGE: Existing Zoning is RA Rural Areas Zoning District,
which allows agricultural, forestal, and fishery uses; residential density (0.5 unit/acre), ZMA 07-
003 proposes to rezone to CO Commercial Office — offices, supporting commercial and service
uses; and residential use by special use permit (15 units/ acre).
SECTION: 18.23.2.2.9uses permitted in Residential R-15 Zoning District.
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: industrial Service -- warehousing,
light industry, heavy industry, research, office uses, regional scale research, limited production
and marketing activities, supporting commercial, lodging and conference facilities, and residential
(6.01-34 units/acre) in the Community of Piney Mountain in the Development Area.
ENTRANCE CORRIDOR: Yes
LOCATION: east of Route 29 North, at the end of Boulders Road, adjacent north of the NGIC
facility
TAX MAP/PARCEL: Portion of Tax Map 33 Parcels 1 D & 1 F
MAGISTERIAL DISTRICT: Rivanna
ZMA 07-03; SP 07-31 & 32 NGIC Expansion
Planning Commission 7/10/07 Board of Supervisors 8/1/07
PROJECT: SP 2007-32 (refer to ZMA 07-003 NGIC Expansion)
PROPOSED: Allow for research & development uses within proposed CO Zoning District Office
Buildings, 178,800 square feet of office space in two 4 -story buildings of 89,400 square feet each.
ZONING CATEGORY/GENERAL USAGE: Existing Zoning is RA Rural Areas Zoning District,
which allows agricultural, forestal, and fishery uses; residential density (0.5 unit/acre), ZMA 07-
003 proposes to rezone to CO Commercial Office -- offices, supporting commercial and service
uses; and residential use by special use permit (15 units/ acre).
SECTION: 18,23.2.2.12 Research and development activities including experimental testing.
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Industrial Service -- warehousing,
light industry, heavy industry, research, office uses, regional scale research, limited production
and marketing activities, supporting commercial, lodging and conference facilities, and residential
[6.01-34 units/acre] in the Community of Piney Mountain in the Development Area.
ENTRANCE CORRIDOR: Yes
LOCATION: east of Route 29 North, at the end of Boulders Road, adjacent north of the NGIC
facility
TAX MAP/PARCEL: Portion of Tax Map 33 Parcels 1 D & 1 E
MAGISTERIAL DISTRICT: Rivanna
CHARACTER OF THE AREA
The site is approximately 15 acres in size and is zoned RA Rural Areas and is a portion
of two tax map parcels; it is located in the Development Area. It is located east of Route
29, just beyond the end of existing Boulders Road to the northeast, and the National
Ground Intelligence Center (NGIC) facility, which is zoned LI Light Industrial. The
property is partially wooded and open/undeveloped. Adjoining property, with the
exception of the NGIC facility, is owned by the applicant and is zoned Rural Areas or
PRD Planned Residential north of the site. Across Route 29 to the west are the
Briarwood and Camelot subdivisions, and to the north the GE Fanuc facility.
(Attachment A -Aerial, Attachment B -Zoning Map)
SPECIFICS OF PROPOSAL
The applicant has provided an application plan (dated June 12, 2007) which shows a
request for two 4 -story office buildings of 89,400 square feet each and a 120 -unit
apartment building, with over 800 surface parking spaces. A rezoning to CO
Commericial Office is requested, since it will allow the office uses and also allow for the
residential uses, along with the possibility for additional future employment uses, like
research and development by special use permit. This proposal is intended to provide
additional space for the National Ground Intelligence Center {NGIC} and its
support/subcontractor base, through a long-term lease with the applicant, and is
immediately adjoining the expansion area for the NGIC facility, where the Defense
Intelligence Agency will likely locate. Based on the national security requirements of the
users of the building, the site has been designed to comply with security regulations. The
residential component will be constructed like an apartment building with 120 2 -bedroom
units; however, it will initially function more like barracks or more temporary living
quarters based on the intended tenant's needs. The applicant will retain ownership of
the property so a rezoning is necessary and the project is not exempt from local
regulations. (Attachment E -Application Plan)
ZMA 07-03; SP 07-31 6, 32 NGIC Expansion
Planning Commission 7/10/47 Board of Supervisors 811107
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant has indicated that the public benefit to this request is that it will provide
employment in a sector which provides well paying jobs for Albemarle County citizens
and supports NGIC.
PLANNING AND ZONING HISTORY
A rezoning was submitted in 1999 (ZMA 99-02) for a portion of TMP 33-1 D for Value
America to Light Industrial, but was eventually deferred and withdrawn. The adjoining
NGIC facility was constructed and occupied around 2000.
COMPREHENSIVE PLAN:
Conformity with the Land Use Plan
The Land Use plan designates this property as Industrial Service in the Community of
Piney Mountain. (See inset below)
Approx, locution of
rezoning proposal.
,,91
Staff has found the proposal consistent with this land use designation and with the
specific recommendations for Piney Mountain. The table below indicates
Comprehensive Plan recommendations in the left column and how the proposed
rezoning has addressed each in the column to the right.
ZMA 07-03; SP 07-31 & 32 NGIC Expansion 4
Planning Commission 7110107 Board of Supervisors 811/07
INDUSTRIAL SERVICE
Uses allowed within this designation include
The uses proposed fall within those
warehousing, light industry, research, heavy
recommended under Office Service.
industrial uses, as well as uses allowed under Office
Service.
Office Service Uses allowed within this designation
The proposed zoning is Commercial
include office parks and mixed-use planned
Offices and intended use will be
development emphasizing office uses, residential
primarily office to support the expansion
uses, and regional -scale research and office uses
of NGIC. There are no uses proposed
providing information and professional services to
that involve the production of or
the County and the larger region. Limited production
marketing of products. However, the
activities and marketing of products may be
applicant has proposed a special use
included.
permit to allow research, development,
and lab activities to allow additional
future employment uses
Commercial uses are allowed in this designation as
No supporting commercial uses are
a secondary use.
proposed with this rezoning.
Residential uses may be appropriate in the Industrial
The applicant is proposing residential
Service designation if such uses are compatible with
uses in the form of a 120 -unit apartment
the nearby and adjacent Industrial Service uses.
building. The residential units will be
Care should be taken to insure that the impacts of
supportive of nearby NGIC activities and
the Industrial Service uses, including traffic, noise,
provide for living quarters. Under lease
odors, and vibrations will not affect residential uses.
agreements with the federal government,
Where residential uses are provided, both vehicular
the apartments will not be available on
and pedestrian interconnections are expected to
the open market, as long as they are
nearby industrial areas.
tenants of the office buildings. The
nearby uses are not anticipated to
adversely affect the residential uses,
which are located to the rear of the site
and adjoin the Rural Area. Staff has
asked the applicant to indicate on the
application plan where interconnections
to the adjoining NGIC facility will be
provided. An internal pedestrian system
is provided and the applicant has
indicated a willingness to provide for
edestrian facilities on Boulders Road.
Industrial Service designation requires appropriate
The site is an appropriate size for the
site size (+ 5 acres), arterial road accessibility, water
requested uses and will have road
and/or sewer availability, compatibility with adjacent
access, and water and sewer service.
uses. Rail access may be necessary
The uses will be supportive of the
adjoining NGIC facility and no land uses
proposed would benefit from rail access.
ZMA 07-03; 5P 07-31 & 32 NGIC Expansion
Planning Commission 7/10/07 Board of Supervisors $/1/07
Areas for less -intensive industrial uses may act as
Staff believes that this proposal, due to
transitional areas between commercial and industrial
the location of the site, is more
areas. Uses in these areas may not require major
appropriate for Office Service or less -
infrastructure provisions. A zoning district to
intensive industrial uses, as described
distinguish between general industrial and
above and will serve as a transition from
transitional industrial may be appropriate as an
the N G I C complex to the area to the
amendment to the zoning ordinance.
north of the site.
PINEY MOUNTAIN LAND USE PLAN RECOMMENDATIONS
Three areas of environmental sensitivity exist in the
The environmental features described
Community of Piney Mountain. The first is the area
are not located on the site proposed for
of steep slopes on the western boundary of the
rezoning. No critical slopes are located
Community; the second is the tributary stream valley
on the site and it is on the east side of
separating the industrial portion of the Community
Route 29 from the stream valley
from the residential section, west of Route 29 and;
described and not located near the North
the third is the floodplain of the North Fork of the
Fork of the Rivanna River.
Rivanna River.
An area east of Route 29 and west of the unnamed
The Albemarle County Service Authority
tributary of the North Fork of the Rivanna River is
has indicated that water and sewer
designated for Industrial Service. No development of
service is available to serve this site.
properties above what is allowable under current
ACSA estimates, based on the proposed
zoning will take place until water and sewer services
square footage and number of units
are provided to the area.Recommended water and
proposed, that sewage flow estimates
sewer improvements for the Piney Mountain
are 48,492 gallons per day and will
Community entail major system upgrades. As such,
require capacity certification from RWSA.
recommendations for this area are outlined in the
Staff is still seeking information from the
Water and Sewer section consistent with the
Albemarle County Service Authority to
Rivanna Water and Sewer Authority and the
address the issue of needed major
Albemarle County Service Authority for the provision
system upgrades to support this use.
of service to this area.
(Attachment C)
Consider development proposal for the Industrial
The applicant has adequately provided
Service area east of Route 29 under a planned
for utilities and road access and intends
development approach to allow for the coordination
to proffer the application plan for the CO
of public utilities and facilities, road access and
rezoning, so a planned development
necessary internalized support services.
approach is not necessary to achieve the
land use plan goals. The minimum
acreage requirement for Planned
Industrial Park developments is 50 acres
in size and this project is 15 acres in
ZMA 07-03; 5P 07-31 & 32 NGIC Expansion
Planning Commission 7110107 Board or Supervisors 8/ 1/07
size.
An undisturbed buffer area along Herring Branch Herring Branch is located on Tax Map
should be maintained/provided to reduce the visual 33-1 D but does not fall within the area
impact of the development of the Industrial Service proposed for rezoning. It is located north
Area east of Route 29. Also, maintain natural buffers and west of the project area.
on the perimeter of this site, along steep slopes and (Attachment A and B)
stream valleys.
Development plans along Route 29 North are to be
sensitive to its status as an Entrance Corridor
Roadway. Due to the elevation of the Industrial
Service area east of Route 29 and its potential
visibility from Routes 29 and 600 and surrounding
areas, development of this area will be subject for
review for such visual impact.
Transportation Improvements include:
0
0
0
Future land development along Route 29
shall have controlled access to the roadway
This can be accomplished through joint
entrances, frontage roads, and side street
access.
Develop alternative modes of transportation
to serve the Piney Mountain Community,
particularly, large employment generating
areas. This may be accomplished through
the partnership between developers of large
employment generating areas and the
Metropolitan Planning Organization (MPD).
Access to Route 29 for the Industrial Service
Area east of Route 29 shall be limited to the
existing crossover south of the
Briarwood/G.E. Fanuc crossover. A second
access to the site for emergency purposes
should be considered during the
development review process.
The Architectural Review Board staff
reviewed this request and initially noted
that the area of the proposal is
approximately 1300' from the EC.
However, given the topography of the
site and the recommendation from the
land use plan the applicant provided site
cross sections (Sheet 6 -Application Plan,
Attachment D) for staff to further
evaluate any visual impacts. Staff has
concluded that there are no concerns
and the site is not visible from the
entrance corridor.
The site will be accessed through an
extension of Boulders Road, which
currently has one signalized access point
with Route 29.
Transit service is not currently provided
to Piney Mountain and is not currently
planned. However, recent rezonings in
this area of the County have proffered to
make provisions within the development,
such as bus stops/bus pull offs, and to
provide cash proffers towards transit
service for extension to Piney Mountain
in the future.
Boulders Road will be extended to serve
the project site. The applicant has shown
the future extension of Boulders Road to
connect at Austin Drive, at the
Briarwood/GE Fanuc access. Staff has
encouraged the applicant to provide for
this right-of-way with this rezoning to
ensure the desired loop road can be
accomplished.
ZMA 07-03; 5P 07-31 & 3:: MGIC Expansion 7
Planning Commission 7/10/07 Board of Supervisors 8/1/07
o Construct a park and ride facility along Route The applicant's project site does not
29 in the HollymeadPiney Mountain area. accommodate a park and ride facility.
Places 29 Master Plan
Although not yet adopted by the County, the draft master plan recommendations for this
property have been considered in review of the rezoning request. The proposal falls
within an area designated as Office/R&D on the draft Framework Plan for Places 29 and
the proposed uses are consistent with that designation. The Framework Plan, consistent
with the land use plan recommendations, also shows a desired interconnection to be
provided by extending Boulders Road in a loop fashion to intersect with Austin Drive to
the north. (see inset below) The site is adjacent to, but not included in, an area
designated for a Neighborhood Service Center and then transitions from the Office/R&D
land uses to residential.
Approx. location of
rezoning proposal.
I '
f
- im6y
9iy/g5ym Z
�►if � �HIH
Preferred Framework North -Public Workshop 1123107
Places 29 makes specific recommendations regarding the desired cross section for
Boulders Road adjacent to this proposal (Inset below). The applicant has provided right-
ZMA 07-03; SP 07-31 & 32 MGIC Expansion
Planning Commission 7110107 Board of Supervisors 8/1/07
of -way and for the road in the general location shown on the plan, but has not as yet
provided a typical street section having the desired features. The applicant has indicated
that the application plan will be revised to provide a typical section for Boulders Road
that includes pedestrian and bike facilities.
pygf Cedar MelI Exteretled between Greenbrier and Shoppers
World with Mixed -Use Fv"taye an Either Side /
Berkmar South of Rio Read W. 1 New Parallel Route east
of US29 Horth of Greenbr r I Alhernarle Square / Piney
Mountain Loop of Mixed Use
19g Cedar Mitt ExSerped between Gree twker and Shoppers
World with Mixed -Use Frontage on Either Side /
Berkmar South of Fie Road W. / Hew Parallel Route east
of LIS 29 North of Greenbrier/ Albemarle Square / Piny
Mountain Loop of Mixed Use
Neighborhood Model
The Neighborhood Model describes the more "urban" form of development desired for
the Development Areas. The applicant has indicated, due to the specific needs of the
intended user and government security regulations, it is difficult to meet the principles of
the Neighborhood Model. The site has been designed to comply with the Department of
Defense's Minimum Antiterrorism Standards for Buildings. These standards require
setbacks, or "standoff distances", from the perimeter of the site and parking areas that
make it difficult to meet some of the neighborhood model principles.
Pedestrian An internal sidewalk system has been proposed that connects
Orientation pedestrians to the proposed office and residential buildings. However,
no pedestrian facilities are proposed for Boulders Road or to connect to
adjoining properties.
This has been discussed with the applicant, who intends to provide for
this on the application plan in expected revisions to the plan.
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Neighborhood
Friendly Streets
and Paths
Boulders Road, as currently proposed on the application plan, is a 4 -
lane divided section with no planting strip or pedestrian/bike paths
proposed.
This principle has not been adequately met. However, as indicated the
applicant intends to provide for this with a revised typical section for
Boulders Road on the application plan.
Interconnected
The applicant is providing an interconnection with the extension of
Streets and
Boulders Road. However, no connections from the site to adjoining
Transportation
properties have been shown on the current plan. However, when the
Networks
adjoining properly develops with expanded NGIC facilities, entrances
and access drives may be shared. The application plan will be revised
to reflect this.
Parks and Open
Open space and recreation areas are shown on the application plan
Space
adjacent to the proposed buildings in hatching and are accessible by
sidewalks. The recreation area is adjacent to the residential building
and features have not been specified yet, but will be based on Zoning
Ordinance requirements for the number of residential units proposed.
Open space totals 5 acres and the recreation area proposed is 0.55
acres in size. The specific amenities to be provided are not defined on
the plan but will be provided for according to the Zoning Ordinance.
Although a more central focal point of recreation for residents and
employees would be desirable, the applicant may be limited in
providing this based on government security requirements.
Neighborhood NGIC serves as a single use employment district that this proposal
Centers would add to, while providing added residential. The site is located
adjacent to a proposed center in the Places 29 master plan, but
currently does not relate to a Neighborhood Center.
Buildings and Buildings are proposed for 4 -stories and 3 -stories in height and do not
Spaces of relate to Boulders Road.
Human Scale
Relegated Parking areas are located adjacent to Boulders Road and in front of
Parking proposed buildings. However, the applicant has indicated this design is
driven by security regulations.
Mixture of Uses The proposal allows for CO uses and a residential component is
proposed. Staff believes that the mix of uses is appropriate.
Mixture of Apartments are the only housing type proposed and are intended,
Housing Types initially, to serve the needs of the office building users. The applicant
and Affordability has not yet indicated how the affordability goals of the Comprehensive
Plan will be met, but has been provided comments from the Director of
Housing and has indicated an intent to address housing affordability
with proffers.
Redevelopment The site is currently undeveloped.
Site Planning The project area does not have any topographic challenges and this
that Respects principal is met.
Terrain
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Clear Boundaries The property is adjacent to the Rural Area and Zoning Ordinance
with the Rural required buffers have been provided for along the southeastern edge of
' Areas the proposal.
Relationship between the application and the purpose and intent of the requested
zoning district
CO districts are intended to permit development of administrative, business and
professional offices and supporting accessory uses and facilities. The district is intended
as a transition between residential districts and other more intensive commercial and
industrial districts.
Staff advised the applicant that the CO District seemed most appropriate for the land use
program proposed and staff believes the proposal is consistent with the intent of the
district and does serve as an appropriate transitional zoning district between industrial
and residential.
Anticipated impact on public facilities and services
Streets — The development will generate an additional 2,775 trips per day as provided in
the applicant's trip generation estimates on the application plan. VDOT has indicated the
expansion of the NGIC facilities may eventually warrant a dual southbound left turn lane
off Rte. 29. VDOT indicated they have met with NGIC to discuss the needs of the
intersection with this proposed expansion and that their traffic engineering section is
currently obtaining traffic data to analyze the intersection. The applicant has indicated
on the application plan off-site improvements to Route 29 would be provided, however
further evaluation of impacts to Route 29 and discussion is still needed. VDOT provided
additional comment that the rezoning requires a traffic impact analysis, however the
applicant has requested they reconsider that based on the analysis and decisions made
when Boulders Road was initially constructed.
Schools — If developed as market residential rather than temporary housing (barracks),
the development would be expected to generate 25 students broken down as follows. 16
elementary school students, 5 middle school students, and 4 high school students.
These students would attend Baker -Butler Elementary School, Sutherland Middle
School, and Albemarle High School. The particular use of this site as "barracks" may
result in no initial impact to schools.
Fire, Rescue, Police — Fire stations serving this site are Stony Point and Earlysville
stations; with rescue and future fire facilities located nearby at the HoIIymead Station.
Albemarle County 5" Street Office Building is contains the County's Police Department,
although the police patrol all areas of the County regardless of the location of the station.
No impact to these facilities is expected.
Utilities — Albemarle County Service Authority indicates that water and sewer service is
available to the site. However, staff is still discussing the Issue of capacity of sewer
service with the ACSA and will provide additional information.
Stormwater Management — The County Engineer has not indicated any concerns with
the proposed stormwater management concepts provided.
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Anticipated impact on cultural and historic resources
The submittal has been reviewed for possible impact to known historic (fifty years old or
older) architectural resources and known or potential archaeological resources with the
following comments provided by the Historic Preservation Planner:
1. The Virginia Department of Historic Resources' (DHR) Data Sharing System
(DSS) has identified Michie Farm and cemetery (DHR #002-1440) within the
project area (see attached GIS map), A Phase I survey was conducted by CRI in
2006. Notes in the DHR file indicate the site was demolished and the cemetery
was thought to have been mistakenly identified (see attached DHR summary
report).
Based upon the information above, a copy of the Phase I surrey was requested and
provided by the applicant and these resources are shown on the application plan outside
the boundaries of the rezoning.
Anticipated impact on nearby and surrounding properties
Since primarily office and residential uses are proposed, in support of one of the
adjacent properties, no negative impacts are expected to surrounding properties.
Surrounding properties are currently undeveloped, but zoning and expected future land
uses are not expected to be impacted by this rezoning's proposed office and residential
uses. The applicant has also provided for a 20' undisturbed buffer around the perimeter
of the property, based on the Zoning Ordinance requirements in Commercial Districts.
Public need and justification for the change
The change in zoning is consistent with the Industrial Service designation of the Land
Use Plan and would provide additional employment opportunities in the County, in
support of the N G I C and national defense facilities.
PROFFERS
The applicant has not yet provided proffers to demonstrate how the impacts of the
rezoning proposal would be off -set. Staff has identified and communicated to the
applicant what impacts would be appropriate to address through proffers and the
applicant has indicated that proffers will be submitted to address these comments.
Application Plan -
While an application plan has been provided, it has not yet been proffered. Staff notes
that generally the development is not in conformity with the Neighborhood Model, as it is
being designed to meet requirements of Department of Defense. Considering the
circumstances influencing this proposal, staff can accept the exceptions to the
Neighborhood Model.
Cash Proffers -
The Board of Supervisors has reviewed and endorsed moving forward with the
development of a Cash Proffer Policy. In doing so, the Board has accepted the Fiscal
Impact Committee's methodology to determine the cash impact of residential
development by dwelling unit type. Rounded off, the resulting calculated impacts that
the Board has also accepted are $17,500 per single family detached unit, $12,400 per
apartment unit and $11,900 per townhouse/condominium unit. It was also the
ZMA 07-03; 5P 07-31 & 32 NGIC Expansion 12
Planning Commission 7110107 Board of Supervisors 811107
consensus of the Board that, with the exception of affordable dwelling units, all new re -
zonings will pay for the equivalent of their full impact as determined by the cash proffer
calculations applied to the accepted per unit rates. Based on the number of apartments
(120) proposed in this project, an amount of $1,488,000 has been calculated as the cash
impact amount. If 18 units, or 15% of the total number of units proposed, are provided to
meet the affordable housing policy, then $1,264,800 would be the cash impact amount.
The applicant has not yet proffered to address impacts of the residential component of
this project as they are providing it as part of the temporary housing (barracks)
requirements of their lease with the Federal Government. However, the applicant
indicates they will provide a proffer to meet the cash proffer expectations of the County
at such time that the lease terminates and the units are available as standard marked
units.
Affordable Housing.
This project has been discussed with the Housing Director, who believes, based on
information to date, that the project is subject to the County's adopted Affordable
Housing policy. The policy recommends that 15% of the total number of proposed units
be provided as affordable or comparable contributions are made either cash or cash -
equivalent . In this project, which proposes 120 units ,18 units should be provided as
affordable or, based on current operating policy, the amount of $19,100 should be
provided for each of the 18 units based on an amount calculated as 6.5% of the VHDA
Maximum Loan/Sales Price Limit for its first-time homebuyer programs.
The difficulty with this project is that initially the residential units are associated with the
applicant's lease with the Federal Government to provide temporary housing and will not
be available to the open market. The Housing Director is not prepared to make any other
recommendations until the applicant's intent and any potential third -party control of the
units are clarified. However, if the applicant prepares a proffer that would commit to
future affordability of the units beginning at such time that the units are uncontrolled and
are available to the open market, or provides for a cash or cash -equivalent contribution
consistent with the calculation previously mentioned, such a proffer would likely meet the
intent of the County's Affordable Housing Policy. The applicant has indicated a
willingness to provide such a proffer.
Trans ortation —
Proffers should be made to address impacts to Route 29 and to provide for the off-site
extension of Boulders Road. The applicant has noted that the turn lanes and any
requested improvements by VDOT will be made to Route 29, when warranted. Staff is
still working with the applicant to provide direction in terms of Route 29, based on
VDOT's request for a traffic impact analysis. The applicant has indicated a willingness to
address transportation impacts in the form of proffers.
ZMA 07-03; SP 07-31 & 32 NGIC Expansion 13
Planning Commission 7110107 Board of Supervisors 811/07
Staff Comment on SP 07 -31 -Request for R15 Residential Uses in the CO
Commercial Office District
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance as
follows:
31.2.4.1: Special Use Permits provided for in this ordinance may be issued
upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property,
No detriment to adjoining properties is anticipated from the requested residential
uses.
that the character of the district will not be changed thereby and
The project site is in a currently undeveloped area but the proposed office
buildings and apartment building will not be out of character, based on the
existing NGIC facility and anticipated Neighborhood Service center and other
future land uses.
that such use will be in harmony with the purpose and intent of this
ordinance,
In the opinion of staff, the proposed use is supportive of the purpose and intent as
described in the Zoning Ordinance with regard to special use permit requests.
with uses permitted by right in the district,
Uses allowed by -right in the CO District include a range of primarily office and
civic uses. The proposed apartments would not be in conflict with any of these
uses and the project has been designed from the on -set to coordinate the office
and residential buildings on the site.
with the additional regulations provided in section 5.0 of this ordinance,
No additional regulations apply to residential uses. The residential uses are
subject to Chapter 18-R15 zoning district regulations.
and with the public health, safety and general welfare.
The public health, safety, and general welfare of the community are protected
through the special use permit process which assures that the proposed uses
are appropriate in the location requested. There are no safety concerns with the
proposed residential uses.
Staff Comment on SP 07-32 for Research and development activities including
experimental testing and Laboratories, medical or pharmaceutical.
Since the site proposed for rezoning is intended to provide for employment generating
land uses, staff advised the applicant to preserve future opportunities for additional land
uses while requesting this rezoning. Therefore, the applicant is requesting this special
use permit for research, development, and lab uses now. The applicant does not have
any specific users identified at this time. However, it is not uncommon for the County to
approve the opportunity for these uses in advance of specific users being known, such
as the Fontaine Research Park for example.
ZMA 07-03; SP 07-31 & 32 NGiC Expansiurr 14
Planning Commission 7,10107 Board of Supervisors 811107
Staff will address each provision of Section 31.2.4.1 of the Zoning
Ordinance as follows:
31.2.4.1: Special Use Permits provided for in this ordinance may be issued
upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property,
No detriment to adjoining properties is expected.
that the character of the district will not be changed thereby and
The project site is in a currently undeveloped area but the proposed research
and lab uses would not out of character with office and the nearby residential
uses.
that such use will be in harmony with the purpose and intent of this
ordinance,
In the opinion of staff, the proposed use is supportive of the purpose and intent as
described in the Zoning Ordinance with regard to special use permit requests.
with uses permitted by right in the district,
The proposed use would compliment nearby proposed office uses
with the additional regulations provided in section 5.0 of this ordinance,
There are no supplemental regulations in Section 5.0 of the Zoning Ordinance
for this use.
and with the public health, safety and general welfare.
There were no particular concerns identified at this time. Typically, applicants are
required to provide a certified engineers report at the site plan or zoning clearance stage
for any research, development, or lab uses so that any concerns can be addressed. This
is a recommended condition of approval for the special use permit.
SUMMARY;
Staff has identified the following factors favorab€e to this rezoning and special use
permits requested:
1. The rezoning and special use permits are consistent with the Land Use Plan and
are very minor amendments to an already approved development.
2. The applicant has provided for the extension of Boulders Road, a desired loop
road to Route 29 as shown in the Places 29 draft master plan.
Staff has not identified factors unfavorable to this request:
1. VDOT has requested a traffic impact analysis and staff is still awaiting comments
from VDOT on whether that will still be required. The applicant would like to
address traffic impacts through proffers.
2. Boulders Road, as proposed on the application plan, does not include a typical
section that accommodates pedestrians. A proposed typical section should be
provided that indicates features such as sidewalk, bike lanes, etc along with
design standards for the Development Areas. The applicant has indicated this
will be provided.
ZMA 07-03; SP 07-31 & 32 NGiC Expansion 15
Planning Commission 7110107 Board of Supervisors 811107
3. The applicant has not yet provided proffers that address the following:
o The Board of Supervisors' cash proffer policy per residential unit;
o Affordable Housing policy;
o Proffer the application plan;
o Proffers to address specific transportation improvements and their tinning,
based on requests from VDOT and the County.
However, the applicant has indicated they intend to provide proffers and an application
plan to address these outstanding issues listed.
RECOMMENDED ACTION:
ZMA 2007-003
Staff cannot recommend approval without a proffered application plan and
proffers that address the project's impact. However, the applicant has indicated
they will provide necessary revisions to the application plan and proffers to
address all outstanding issues listed above. Should the applicant provide a
proffered application and proffers in a form that addresses the substantive
issues and are technically and legally acceptable, then staff could support the
project.
Staff recommends the following conditions of approval for the requested special
use permits, should the rezoning be approved:
SP 2007-031
1. A maximum number of 120 apartment units shall be permitted.
SP 2007-032
1. Future research, development/laboratory tenants will be subject to approval of a
certified engineer's report prior to final site plan approval or occupancy,
depending on timing.
2. If any discharge of other than domestic wastes into the public sewer system is
expected, the ACSA shall be so notified prior to site plan approval.
ATTACHMENTS
Attachment A — Location Map -Aerial
Attachment B — Zoning Map
Attachment C -- Albemarle County Service Authority comments from Gary Whelan, dated April
24, 2007
Attachment D- VDOT comments from Joel Den unzio, letter dated April 27, 2007 and a -mail
dated June 28, 2007
Attachment E- NGIC Expansion Project, Application Plan for Zoning Map Amendment ZMA
2007-003, dated June 12, 2007, prepared by Collins Engineering
Attachment F — Proffer Statement, NGIC Expansion, dated July 2, 2007 [Not yet reviewed by
staff at the time of this report and more information may be provided at the Commission's July 10,
2007 meeting,]
Attachment G — NGIC Expansion Project, Application Plan for Zoning Map Amendment ZMA
2007-003, prepared by Collins Engineering, revised Exhibit 3 -Application Plan, Sheet 3 of 6,
received July 2, 2007
[Not yet reviewed by staff at the time of this report and more information may be provided at the
Commission's July 10, 2007 meeting.]
ZMA 07-03; SP 07-31 & 32 NGIC Expansion 16
Planning Commission 7110107 Board of Supervisors 8/1/07
Claudette Grant
From: Gary Whelan [gwhelan@service@uthority.org]
Sent: Monday, September 08, 2008 241 PM
To: Claudette Grant
Subject: SP200800045, SP200800046, ZMA200800004 NGIC Expansion
Attachments: 20080908112907668,pdf; NGIC subdiv.doc
Claudette,
Here is an old memo for NGIC stating service availability and a copy RWSA's letter to the ACSA concerning capacity.
We «...>> «--- » can not accept the projected wastewater flows until all improvements to the Camelot Wastewater
Treatment Plant are complete.
gmw
G. M. Whelan, LS
Civil Engineer
Albemarle County Service Authority
168 Spotnap Road
Charlottesville, VA 22911
(434) 977-4511
Fax: (434) 979-0698
Page 1 of 1
Claudette Grant
From: Pete Gorham [pgorham@serviceauthority.org]
Sent: Tuesday, October 07, 2008 10:38 AM
To: Claudette Grant
Cc: Gary Whelan
Subject: Camelot Wastewater Treatment Plant
Claudette,
The improvements to the Camelot Wastewater Treatment Plant (VWVTP) are currently under construction. We
anticipate the improvements will be completed and on-line by January 1, 2009. Please let me know if you have any
additional questions. Thanks.
-Pete
Attachment VI
�FtEe W oFA RIVANNA WATER AND SEWER AUTHORITY
695 Moores Creek Laine . Charlottesville, Virginia 22902-9016
(434) 977-2970
FLOW ACCEPTANCE REVIEW
Rate; June 4, 2008
Project: NGICIGSA Expansion
To: Albemarle County Service Atithor•ity
The Rivanna Water & Sewer Authority (RWSA) has reviewed a written request from the Albemarle
County Service Authority (ACSA) to accept up to 15,844 gallons average daily flow per day of
wastewater with a point of connection at the Carnelot Waste Water Treatment PIant. The increased
wastewater is proposed by ACSA to serve the NCIC/GSA Expansion, consisting of 176,000 square feet
of commercial office space with the fust building scheduled to be completed in December 2008 and the
second building scheduled to be completed in June 2009.
We have reviewed the average daily flow of the RWSA systems that would receive this flow as proposed,
and reviewed the appropriate design factors specified under the Virginia SCAT Regulations (9VAC 25-
794). On the basis of these reviews, under present average daily flow conditions, RWSA agrees to accept
the additional wastewater flow as specified above only after the improvements that are currently
underway at the Camelot Wastewater Treatment Plant are completed. These improvements are currently
scheduled to be completed in September 2008; however a fixed completion date is not guaranteed. The
above referenced flows will not be accepted to the Camelot Wastewater Treatment PIant until all
improvements are complete regardless of the completion date.
Please be advised that RWSA does not reserve capacity in its system for a specific project, and this letter
should not be interpreted in any way as a reservation or allocation of flow or the granting of regulatory
approval related to other agencies. Substantial changes in future average daily flow to the RWSA
systems, changes in regulations, or other fixture factors could result in changes in RWSA's capability to
accept additional flow. We strongly request that ACSA update RWSA on the status of this project on an
annual basis, and further require that a new request for flow acceptance be made for all or any portion or
phase of the above request for which sewer extension design has not been approved under a Certificate to
Construct by the appropriate regulatory authority and is under construction within twenty-four months of
the date of this letter.
An updated review for flow acceptance shall be requested if the project's scope, time frame or connection
point as initially specified changes. Please note that under no circumstances can a direct connection be
made into RWSA's interceptor system without the written approval and physical inspection by the
RWSA Engineering Department.
Respectfully yours,
Jennifer A. Whitaker, PE,
Chief Engineer
N:V)evelopmeul RevicwlFlow Aeccpl once RcvicwTlow Aceep(vrcc Rcvicw5W)ow Amepton" Review NOIC Expansion 6 4 08.doc
Page 1 of 2
Glenn Brooks
From: Glenn Brooks
Sent: Thursday, October 30, 2008 9:34 AM
To: Claudette Grant
Subject: RE: NGIC residential building relocation/stormwater facility (ZMA2008-004)
Claudette.
I leve is an overlay of the NGIC proposed plan (ZMA20[ 800004) with the stormwater basin shown on the
approved stormwater management plan. As you can see, the phase III building occupies the same space.
The applicant has based the phase III improvements. and the currently proposed 7_M A, on the fact that NGIC will
provide stormwater managentent for their site, and the on-site stormwater facility will no longer he necessary. As
we understand it. this assumption is not valid. Therefore, t11c Currently approved plan must stay in place, and
Phase III, and the proposed infrastructure on the /.VIA (ciirrent and proposed), does not work.
From: Claudette Grant
Sent: Wednesday, October 29, 2008 4:25 PM
To: Glenn Brooks
Subject: NGIC residential building relocation/stormwater facility (ZMA2008-004)
Hi Glenn,
This is a reminder to please compare the approved location of the residential builidng (ZMA 2007-003) with
SDP2007-00138/SDP2008-00112 and ZMA 2008-004. Please let me know your thoughts regarding stormwater
facility and building reolcation. Thank you
Claudette Grant
Senior Planner
Attachment V111
10/30/2008
06117120BB 16:29 7572017437
702= -am
DEPARTMENT OF THE ARMY
NORFOLK DISTRICT, CORPS OF ENGINEERS
805 FRONT STREET
NORFO�L K, VIRGINIA 23510.1 ON
REPLY TO
ArrENTION OF
Pune 15, 2008
Nekt Generation, LLC
'4ttn: Mr W endel E Wood
P -E. JVL4JF and Boulder& Road Oflise Commplex Frojeets- Agreement between
wtndtlE wood of Next Generation, LLC. and The United statetr Army Corps of
Ens ttieears (USACE), Norfolk District.
The following important issues have been agreed upon with Wendcli Wood of Next
Generation, LLC and the United States Array Corps of Enginccra (USACE), Narf ik
District.
2.
4.
5,
It was agreed that the Army property can provide swan water detention for Next
Generation, LLC (3 buildings) and other Dol) requirements (including current and
future construction shown on the RFP) thzvugh the use of the army pond in ordet to
attertuate the post-&velopnicnt flows to the pre -development condition per
Albemarle County standards and others.
It was agreed by the government and Mr. Wood of Next Generation, LLC. to allow
storm drainage from Next Generation, LLC property (currently reamed the 33ouldeas
Road Office Complex) in accordance to proper re=gulations to enter the govetrgnew's
property aad drain to an existing pond which is expected to provide a pollutant
removal rate of 50 percent per the requirements set forth in the Virginia Storm Water
Management Handbook_
Detailed design information will be provided to Fort Belvoir and others to confirm
that the pond on Army property will provide the required water quality volume
(currently designed to contain approximately 10 times the volume required by both
projects),
ii was agreed by the USACE tbm the water quality and quantity of the Next
Omuration, LLC project will he properly ucated by on-site pre-treatmerd (an Next
Generation, LLC property) and treatment within the pond and that an easerne nt wil l
be developed through the Arany property. Tentative concept is provided at Exhibit 1
(attached), but proper documentation and design review will be required before
easemmt can be firmlixed.
Furtbermore, Nfr. Wood has agreed to `pre -treat" water from his property's
impervious area to obtain his silo's required removal rate by standard measures
acceptable to the county, The Army pond can be used to rtmove up to 50114 percent
of pollutants from Next Generation, LLC's runoff. This pre-treatment applies to
PAGE 02
1
Attachment Vill
d ZsZO-Gas-Ktl ega:lI 90 U Pa
06/17/2906 16:29 7572017437
C ENAO-RE
PAGE 03
I
construction and post canstruction and shall provide docurneatation to demonstrate
compliance.
6. All Erosion and Sedimentcontroi rneasnres will be maintained to prevent sed irnent
from entering the PvtrmmenYs property from Next Generation, LLC property.
7. Contract has been awarded to Archer Western and consmiction is anticipated to begin
shortly after the issuaucc of a land disnubance permit.
Sign Date
Wendell Wood- Next Generation, LLC.
Sign Dace
Dillard Horto
nn Chief, Real Estate Office
U.S. Army Corps of EnSineers
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COMMONWEALTH of VIRCjINIA
DEPARTMENT OF TRANSPORTATION
CHARLOTTESVILLE RESIDENCY OFFICE
701 VDOT WAY
CHARLOTTESVILLE, VA 22911
DAVID S. EKERN, P.E.
COMMISSIONER
September 26, 2008
Mr. Bill Fritz
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Special Use Permits and Rezoning Submittals
Dear Mr. Fritz:
Below are VDOT's comments for the September 2008 Rezoning and Special Use Permit
applications:
SP -200_8-442 Keswick Hall 1 Club Amendment (Joan McDowell)
• Comments from VDOT on site plan SDP -00-063 and SP -00-033 require left and right
turn lane installations on Route 22 at Route 744 and a widening of Route 744 to
accommodate over 1000 vehicles that would result from the expansion of 75 guest rooms
for this site. This proposal only shows an increase in traffic of 3 VPD from this SP.
According to the existing traffic and the increase of only 3 vpd, the identified
improvements from the 2000 Special Use Permit are not yet triggered by this proposed
expansion of the spa.
SP -2008-043 Ayres Property 1 Verizon Wireless Tier III PWSF (Megan Yanieles)
• The site plan will have to show adequate sight distances on Route 627.
SP -2008-044 Charlottesville First Assembly Amendment(Judy Wie and
• The change will increase the size of the church in phases from the current 345 seat church
to 750 seats, The traffic generated by the church according to ITE will increase from a
week day volume of 98 to 375 and a Sunday volume of 528 to 1509 vehicle trips per day.
In addition, during the weekend peak hours (i.e. Saturday and Sunday Midday), the
traffic increases from 207 vehicle per hour (vph) to 450 vph on Saturdays and from 218
vph to 473 vph on Sundays. This is an increase of more than 100 vph and meets the
Chapter 527 TIA requirements. In addition, the existing entrances may need to be
improved to meet the current standards, if not improved with the currently project (Note:
The current plans do not show adequate entrance improvements to accommodate the
proposed capacity increase with this expansion).
WE KEEP VIRGINIA MOVING
Attachment 1J(
C-10MMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
CHARLOTTESVILLE RESIDENCY OFFICE
701 VDOT WAY
CHARLOTTESVILLE, VA 22911
DAVID S. EKERN, P.E.
COMMISSIONER
SP -2008-045 046-ZMA-2008-004 MGIC Expansion — Amendment Claudette Grant
• No comments.
If you have any questions, please let me know
Sincerely,
Joel DeNunzio, P.F.
Staff Engineer
VDOT Charlottesville Residency
WE KEEP VIRGINIA MOVING
COUNTY OF ALBEMARLE
Department of Communit'° Development
401 McIntire Road, 19ortli Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
August 16, 2007
Wendell Wood
PO Box 5548
Charlottesville, VA 22905
RE: ZMA # 2007-00003 & SP# 2007-00031 & SP# 2007-00032
Tax Map 33, Parcels 1 D & IF (portions of)
Dear Mr. Wood:
Fax (434) 972.-40I2
On August 1, 2007 the Albemarle County Board of Supervisor took action on the above -noted
projects.
Regarding ZMA-2007-003
Your rezoning from RA - Rural Areas to CO — Commercial Office was approved in accordance
with the attached proffers dated August 11 2007. An application plan dated June 12, 2007 was
approved as part of the rezoning. Please refer to these documents for any future applications
and requests on this property.
Please be advised that although the Albemarle County Board of Supervisors took action
on the project noted above, no uses on the property as approved above may lawfully
begin until all applicable approvals have been received and conditions have been met.
This includes:
• compliance with applicable PROFFERS;
• compliance with conditions of the SPECIAL USE PERMITS;
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
Regarding SP -2007-00031
The Board of Supervisors took action to allow a 120 unit three-story apartment building at a
gross density of $.0 units per acre. This special use permit was approved based on the following
condition:
A maximum number of one hundred twenty (120) apartment units shall be permitted.
Please be advised that although the Albemarle County Board of Supervisors took action
on the project noted above, no uses on the property as approved above may lawfully
begin until all applicable approvals have been received and conditions have been met.
This includes:
compliance with conditions of the SPECIAL USE PERMIT;
approval of and compliance with a SITE PLAN; and Attachment X
approval of a ZONING COMPLIANCE CLEARANCE.
In the event that the use, structure or activity for which this special use permit is issued is not
commenced within twenty-four (24) months from the date of Board approval, it shall be deemed
abandoned and the permit terminated. The term "commenced" means "construction of any
structure necessary to the use of the permit."
Regarding SP -2007-00032
The Board of Supervisors took action to allow research & development uses within CO Zoning
District Office Buildings (178,800 square feet of office space in two 4 -story buildings of 89,400
square feet each). This special use permit was approved based on the following conditions:
Each occupant proposing to engage in a research and development use shall submit a
certified engineer's report to the County Engineer for review and recommendation. The
certified engineer's report shall describe the proposed operation and all machines,
processes, products and by-products; state the nature and expected levels of emissions
or discharges to land, air and/or water or liquid, solid or gaseous effluent and electrical
impulses and noise under normal operations (collectively, "emissions and discharges"),
and state the specifications for treatment methods and mechanisms to be used to
control such emissions or discharges. The County Engineer shall review the certified
engineer's report for compliance with this condition. The report also shall demonstrate
to the satisfaction of the County Engineer that emissions and discharges from the
proposed use will be adequately controlled. The County Engineer shall then provide
comments and recommendations regarding the report to the Zoning Administrator prior
to final site plan approval or issuance of the zoning compliance clearance; and
If any discharge of other than domestic wastes into the public sewer system is expected,
the Albemarle County Service Authority (ACSA) shall be so notified prior to site pian
approval.
Please be advised that although the Albemarle County Board of Supervisors took action
on the project noted above, no uses on the property as approved above may lawfully
begin until all applicable approvals have been received and conditions have been met.
This includes:
compliance with conditions of the SPECIAL USE PERMIT;
approval of and compliance with a SITE PLAN; and
approval of a ZONING COMPLIANCE CLEARANCE.
In the event that the use, structure or activity for which this special use permit is issued is not
commenced within twenty-four X24) months from the date of Board approval, it shall be deemed
abandoned and 'the per nIt Leri irated. T� 1his term "commenced' means "cDsS: ruCti
ur. of any
structure necessary to the use of the permit."
If you have questions or comments regarding the above -noted actions, please do not hesitate to
contact Sherri Proctor at 296-5832.
Sincerely,
7
V.
V. Wayne imberg
Director of fanning
Cc: Next Generation L L C-R Box 5548 Charlottesville, VA 22905
Scott Collins 800 East Jefferson Street Charlottesville, VA 22902
Tex Weaver
Sherri Proctor
Sarah Baldwin