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HomeMy WebLinkAboutZMA201000003 Staff Report Zoning Map Amendment 2011-04-05COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 2010 - 00003, Morey Creek Staff: Judith C. Wiegand Professional Center SP 2010 - 00009, Parking Structure Planning Commission Public Hearing: Board of Supervisors Public Hearing: April 5, 2011 Not yet scheduled Owner(s): University of Virginia Health Services Applicant: Owner, represented by Samuel E. Foundation Saunders, with Timmons Group Acreage: 12.606 acres Rezone from: Planned Residential Development (PRD) which allows residential (3 — 34 units per acre), mixed with commercial and industrial uses to Planned Development -Mixed Commercial (PD -MC) which allows large -scale commercial uses; and residential by special use permit (15 units/ acre). No residential units are proposed. TMP: TM, Parcel 076000000012AO and By -right use: residential including single - family 076000000012GO detached, semi - detached and attached single- family, Location: on the north side of Fontaine Avenue and multifamily dwellings at a density of 6.01 — 34 Extended between the intersections of Reservoir units per acre. The current PRD is approved for 61 Road and Buckingham Circle (Attachment A). units. Magisterial District: Samuel Miller Proffers: Yes Proposal: The applicant proposes to construct a Requested # of Dwelling Units: NA 100,000 SF office building, a parking garage, and a 15,000 SF daycare facility. (Attachment B) Development Area: Neighborhood 6. Comp. Plan Designation: Neighborhood Service -- neighborhood -scale retail, wholesale, business, and residential (6.01 -34 units /acre) in Neighborhood 6. Character of Property: The property is currently Use of Surrounding Properties: The site is vacant, with a floodplain area, a perennial stream, bordered on the west by a large historic estate wetlands, and some steep slopes. property, known as Foxhaven, on the north by vacant land owned by the University of Virginia, on the east by the Buckingham Circle subdivision and across the street to the south by the Virginia Dept. of Forestry. Trinity Presbyterian Church, which has a large congregation, is to the west. The Fontaine Research Park, which serves as a major employer in the immediate area, is about one -half mile to the east. Two major highways are also within close proximity, the US Route 29 Bypass and 1 -64. Factors Favorable: Factors Unfavorable: 1. The proposed office building, parking structure, 1. Any new development in the area, including and daycare facility are in compliance with the Morey Creek Professional Center, will add traffic comprehensive plan and are appropriate uses in to the regional road network, in particular the ramp a commercial area. The property fronts on a junctions and weaving sections along the US major road and is near Interstate 64 and the US Route 29 Bypass at the Interstate 64 (1 -64) and Route 29 Bypass, so it is located near major Fontaine Avenue Extended /Fontaine Avenue commuting routes. It is also in close proximity to interchanges. Road improvements to address the Fontaine Research Park. Locating the these areas are beyond what is attributable to the proposed Professional Center in this area will impacts of this project. minimize car trips that might otherwise be necessary. Having the daycare center nearby ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 1 will minimize the length, and possibly the number, of car trips that parents would make to use an offsite daycare center. 2. The proffered traffic improvements will address the additional traffic issues on the local street network and will improve conditions at the Buckingham Circle /Fontaine Avenue Extended intersection for the residents of Buckingham Circle. 3. The conceptual plan preserves significant environmental features on over one -half of the site. 4. Approval of the SP for the parking garage will permit more efficient use of the site. 5. Approval of the critical slopes waiver will permit more efficient use of the site. RECOMMENDATION: Staff recommends approval of ZMA 2010 - 00003, with the proposed proffers, and commitments to building elevations, lighting, and landscaping. Staff recommends approval of SP 2010 - 00009. Staff recommends approval of the Critical Slopes Waiver. ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 2 STAFF PERSON: Judith C. Wiegand PLANNING COMMISSION: April 5, 2011 ZMA 2010 - 00003, Morey Creek Professional Center SP 2010 - 00009, Parking Structure Critical Slopes Waiver PETITION PROJECT: ZMA 2010 -03 Morey Creek Professional Center (Concurrent with SP 2010 -09 for a parking structure) PROPOSAL: Rezone 12.009 acres from the PRD Planned Residential District, which allows residential (3 - 34 units /acre) with limited commercial uses to PD -MC Planned Development Mixed Commercial, which allows large -scale commercial uses; and residential by special use permit (15 units/ acre) to permit 100,000 square feet of general office space, a 15,000 day care center, and parking structure. No residential units are proposed. PROFFERS: Yes Concurrent with ZMA2010 -03, the following proposed special use permit ( "SP ") within the proposed Morey Creek Professional Center authorized by Zoning Ordinance § 25A.2.2(1): PROJECT: SP 2010 -09 Morey Creek Professional Center - Parking Structure (concurrent with ZMA 2010 -03) PROPOSED: Allow parking structures; reference Zoning Ordinance § 23.3.3(4), Parking structures. (Reference 4.12, 5.1.41). The following information applies to both ZMA 1010 -03 and SP 2010 -09: EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Neighborhood Service -- neighborhood -scale retail, wholesale, business, and residential (6.01 -34 units /acre) in Neighborhood 6. ENTRANCE CORRIDOR: 76 -12A is within the EC; 76 -12G is not within the EC LOCATION: Fontaine Avenue Extended, adjacent to the west of Buckingham Circle TAX MAP /PARCEL: 76 -12A & 12G MAGISTERIAL DISTRICT: Samuel Miller CHARACTER OF THE AREA The site is bordered on the west by a large historic estate property, known as Foxhaven. There are several residences in this area. The University of Virginia owns a large vacant parcel to the north. The Buckingham Circle neighborhood is located to the east and contains approximately 50 homes. The Virginia Forestry Department is located across Fontaine Avenue Extended to the south. Trinity Presbyterian Church, which has a large congregation, is to the west. The Fontaine Research Park, which serves as a major employer in the immediate area, is about one -half mile to the east. Two major highways are also within close proximity, the 250 Bypass and 1 -64. The subject property is currently vacant; a few structures once located on it have been removed. SPECIFICS OF THE PROPOSAL The applicant, Health Sciences Foundation (HSF), would like to construct an office facility for UVA Medical Center support workers. The proposal includes a 100,000 square foot office building, a parking structure, and a 15,000 square foot daycare center to serve UVA Medical Center staff. The office building is being sized to allow for future staff growth. A large portion of the property is being preserved to protect a stream, stream buffer, floodplain, and wetland area. The development would be served by an access road located to the west of Buckingham Circle. ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 3 APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant has indicated that the proposed office building will house support staff for the UVA Medical Center. Locating all of these support workers in the same facility will increase efficiency and bring them closer to the Medical Center. The daycare has been included in the proposal because the University would like to provide daycare for its workers near their place of work. Structuring the parking means that less of the site would have to be developed and that the parking spaces will be closer to the office building. PLANNING AND ZONING HISTORY Prior to 1980, the property was zoned Commercial Office. With the comprehensive rezoning in December 1980, the property was zoned Highway Commercial. ZMA 2004 - 00002, approved September 14, 2005: the property was rezoned to Planned Residential Development (PRD) to allow construction of the Fontaine Avenue Townhomes, with 61 units proposed. COMPREHENSIVE PLAN Conformity with the Land Use Plan The Land Use Plan designates this property as Neighborhood Service in Neighborhood 6. The recommendations from the Land Use Plan for Neighborhood 6 that are applicable to this proposal are discussed below. Limit the Neighborhood Service designation on Fontaine Avenue west of the Bypass (Old Route 29 South) to existing zoned land. A mixed use development may be permitted. The gross density of the mixed use development should be consistent with Neighborhood Density Residential and Neighborhood Service designations as shown in the Land Use Plan. Uses allowed in Neighborhood Service areas are expected to include neighborhood -scale commercial; specialty shops; professional and office uses providing retail, wholesale, and /or business within a Village, Urban Neighborhood, Community, or Village. Areas designated as Neighborhood Service are typically 1 -5 acres in size, are accessible from a collector road, have water and sewer available, and are compatible with adjacent land uses. Areas designated as Neighborhood Service should have a specific relationship to nearby and surrounding residential uses and, to the greatest extent possible, be connected to those uses through a system of sidewalks or pedestrian paths. A mixture of Urban Density residential uses and Neighborhood Service uses is encouraged within this designation. Larger areas may be designated as Neighborhood Service if a mixture of uses includes residential units relating to the commercial area. In these mixed use areas, green space (vegetated areas) should occupy at least 20% of the area. Amenities should occupy at least 20% of the area. The proposed daycare and office uses are acceptable uses within the Neighborhood Service designation. The Land Use Plan suggests more of a mix of uses and a relationship to and support/convenience for surrounding residential areas. In this case, the majority of the development with the exception of the daycare would be a single office use /major employer. The inclusion of the daycare center brings the proposal closer to the intent of the Neighborhood Service designation. The relative isolation of the site from many other uses also limits its potential as place for support/ convenience uses. The scale of the development does not technically meet the limitations described in the Land Use Plan for building square footage in a Neighborhood Services area. The Land Use Plan suggests approximately 40,000 square feet (SF) of building area for Neighborhood Service areas of 1 -5 ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 4 acres. However, the site is unique; it is significantly larger at 12.6 acres, it has been designated commercial in all of the land use plans since 1970, and it was previously zoned Highway Commercial. It has a large area of floodplain and a protected wetland. Because of its history, staff believes the physical scale of the proposed development respects the environmental features and the adjacent residential neighborhood. Proposed elevations for the 100,000 SF office building prepared by the applicant show a lower- scale, three -story building that is located on the site to avoid the environmental features and at the greatest possible distance from the Buckingham Circle neighborhood. The environmental features separate the office building, garage, and daycare facility from the neighborhood. Providing structured parking means that less of the site would be used for parking than it would be if all of the parking was surface parking. The daycare facility is in a separate building located in the northwest corner of the site, and at two stories, would be compatible with other structures on the site and in the surrounding neighborhood. Transportation improvements recommended in the Comprehensive Plan for Neighborhood 6 that are relevant to this proposed rezoning include: • Provide pedestrian connections from the residential areas in the Neighborhood to the Fontaine Avenue Research Park. Consider the transit, bicycle and pedestrian recommendations of the Southern Urban Area B Study. Provide transit service to Fontaine Avenue corridor including the Fontaine Research Park. Staff believes the proposal adequately addresses the pedestrian and transit recommendations. The applicant has proffered to: • Provide an offsite paved pedestrian path that will connect with the Fontaine Research Park (Proffer #1). Staff requested that this path, which was proffered as a part of the Fontaine Avenue Townhomes rezoning, also be proffered by the applicant in order to assure that workers at the Professional Center could walk to Fontaine Research Park. • Provide a loading space for the JAUNT bus (Proffer #3). Staff notes that at the time a CAT bus route serves the Morey Creek Professional Center, the buses would stop on Fontaine Avenue Extended, not go into the facility, so a stop would likely be located on Fontaine Avenue Extended. The Southern Urban Area B Study does not include any "transit, bicycle and pedestrian recommendations" that are specific to this property. The Study does include a recommendation that a park be located along the "Duck Pond, West of Buckingham Circle." On private property, the providing a "greenway amenity area," a trail connection, and benches is an appropriate passive use on the parcel. The transportation impacts have been analyzed with a Transportation Impact Analysis (TIA). The results of and recommendations from the TIA are summarized below under Staff Comment. Conformity with the Open Space and Natural Resources Plan The site contains floodplain, a perennial stream, wetlands, and some steep slopes. The Open Space Plan shows a Major and Locally Important Stream Valley and Adjacent Critical Slope around Morey Creek, and identifies Morey Creek as a perennial stream with non -tidal wetlands, wooded areas and floodplain. The wetlands associated with Morey Creek have been significantly altered in this location, but remain in a relatively natural state upstream. The Open Space Plan states, "When wetlands are to be disturbed on a development site, require the developer to provide evidence of compliance with State and Federal wetlands regulations prior to County approvals." Most of this ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 5 work was completed when the wetlands were recreated with a pond mitigation plan. The proposed plan protects these areas to the greatest extent possible. The applicant is requesting a Critical Slopes Waiver, which is discussed at the end of this staff report. Conformity with the Neighborhood Model The Neighborhood Model describes the more "urban" form of development desired for the Development Areas. It establishes 12 Principles for Development to which new development proposals should adhere. The application plan and other illustrations provided with this application have been evaluated to determine how well the proposal fulfills the principles of the Neighborhood Model. Staff believes that the current application plan addresses ten of the principles well, the remaining two are not relevant to the project. Pedestrian The plan includes sidewalks throughout the development, to the Orientation environmental area, along Fontaine Avenue, and connecting to a potential future greenway. The applicant does not show a sidewalk on both sides of the main travel aisle as it enters the site; a sidewalk is shown only on the east side of the street adjacent to the office building, parking garage, and daycare. However, there is nothing on the west side of the street for which pedestrian access is needed and, due to the slope on that side of the street, there is no way to connect the sidewalk to anything. As the travel aisle approaches the daycare facility, a sidewalk is available on both sides. Staff notes that there is no entrance to the proposed office building from Fontaine Avenue Extended. Under normal circumstances, an entrance would be expected. However, this facility is unique for several reasons. First, the applicant has indicated that the building must be a secure facility due to the presence of medical records, so only one entrance that is monitored is appropriate. Since most of the employees will park in the garage, the main entrance is accessed from the garage. Any employees who walk over from Fontaine Research Park will be able to follow the sidewalk around to the entrance. Also, the uses in the surrounding area (residential, primarily) do not relate to the building; no pedestrian traffic from the west is expected. This principle is met. Neighborhood Wherever possible, a 6' (minimum) planting strip with street trees Friendly Streets separates the proposed sidewalks /pedestrian paths from the street or and Paths travel aisle. Staff recognizes that there are ROW and other design constraints that prevent a planting strip in all areas. This principle is met. Interconnected Staff has determined that this is not the best location for public street Streets and interconnections and that it would be very difficult to develop the project Transportation with public roads. The proposed internal travelway running north /south Networks could be extended if conditions warrant a connection in the future; an access easement for the benefit of the property to the north has been included on the application plan to allow for this potential connection. This principle is met. Parks and Open More than half of the site remains undeveloped (66.7 % or 8.41 of the 12.6 Space acre site) with this proposal. The plan provides for preservation areas as well as amenity areas. This principle is met. Neighborhood If developed as proposed, the site could become an employment center. It Centers is surrounded by residential areas and is near other employment uses. This principle is met. ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 6 Buildings and Heights, setbacks, spatial enclosure, front and side yards, architecture, and Spaces of Human relationships of building heights to widths all play a role in the scale of Scale development. The images provided with the application plan and shown during the neighborhood meeting show that the proposal respects the adjacent Buckingham Circle neighborhood with plane changes, building materials /architecture, and the use of stepbacks. The proposed office building, garage, and daycare facility are generally lower in height than the previously proposed townhomes would have been. This principle also appears to be addressed on the Fontaine Avenue side of the building with varied architectural elements and plane changes along the fagade of the building. The third floor of the office building has been stepped back a minimum of 15 feet from the second story. Staff believes that once a commitment is made to ensure that these images guide the ultimate design of the development, this principle will be met. Specifically, staff is working with the applicant on a commitment to the following: architectural elevations, lighting levels to be used in the parking structure, and landscaping between the office building /parking structure and Buckingham Circle. Relegated Parking Most parking for the office building is provided in the garage, which is located behind the office building from Fontaine Avenue Extended. A small amount of surface parking is provided for convenience in front of the daycare building and is not relegated. This principle is met. Mixture of Uses The project provides two types of commercial uses, office and daycare. Residential uses, private schools, a church and a large employer are within close proximity. This principle is met. Mixture of Housing This principle is not applicable as no residential uses are proposed. Types and Affordability Redevelopment This is a redevelopment project, but there are no longer any structures on the site as they have been demolished. This principle is met. Site Planning that About 1.77 acres of the site are in critical slopes and 0.59 acres of those Respects Terrain critical slopes are proposed to be disturbed. Since important resources on the Open Space Plan are not impacted and there are no engineering concerns, staff has no objection to the critical slopes waiver. The application plan shows retaining walls with a maximum height of 8 feet between the building and the environmental features. Small retaining walls, 6 feet or less, on stepped terraces are preferable to unnaturally steep slopes or high retaining walls. However, in this location, the walls are between a sewer easement and the building, so creating terraces would conflict with the easement. Since only two short stretches of the walls are higher than 6 feet, staff believes this is the best solution. On the west side of the property across the travel aisle from the parking garage and near the daycare center, potentially higher retaining walls have been stepped. This principle is met. Clear Boundaries This principle is not applicable since the project is not adjacent to a with the Rural Areas Development Area boundary. Economic Vitality Action Plan The primary goal of the County's Economic Vitality Action Plan is to: ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 7 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 Health Sciences Foundation is an existing local business currently located in the Fontaine Research Park. The proposed new facility will expand the tax base. At the outset, the new facility will house employees that are now working at the Research Park. However, the new building has been planned to accommodate projected increases in the staff; additional employees are expected to be necessary in the future. The need for space to house the additional employees is one reason why the new facility is planned. One of the objectives under this goal is: Objective III. Consistent with the established goals of the County's Comprehensive Plan, strategically work with UVA, UVA Real Estate Foundation and private and non - profit sector employers that provide or will provide a diverse array of quality career ladder employment opportunities for our resident workforce, with a particular focus on supporting existing local enterprises while not excluding new entrepreneurs and enterprises. The Heath Services Foundation is another private, nonprofit employer that provides a number of professional level jobs that are available to residents. Staff believes that this proposal is consistent with the goals and objectives of the Economic Vitality Action Plan. STAFF COMMENT Relationship between the application and the purpose and intent of the requested zoning district: According to the Zoning Ordinance, the PD -MC zoning district is intended to: • Permit development of large -scale commercial areas with a broad range of commercial uses under a unified planned approach. • Be established on major highways in the urban area and communities in the comprehensive plan. • Discourage multiple access points to existing public roads and provide access oriented toward an internal road system that has carefully planned intersections with existing public roads. Staff believes that the proposal meets the intent of the PD -MC district. Morey Creek Professional Center would have two commercial uses that would be under a single management (the daycare center will be under contract to HSF). The Professional Center would be located within a Development Area and with a main entrance directly onto the existing public road (Fontaine Avenue Extended), as well as a secondary, right -in only entrance from Fontaine Avenue Extended directly into the parking garage. Public need and justification for the change: Until it was rezoned as a PRD, this property was designated commercial in the Comprehensive Plan and had been zoned commercial for decades. An office building and a daycare facility are appropriate uses in a commercial area. The property fronts on a major road and is near Interstate 64 and the US Route 29 Bypass, so it is located near major commuting routes. It is also in close proximity to the Fontaine Research Park. Locating the proposed Professional Center in this area ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 8 will minimize car trips that might otherwise be necessary. Having the daycare center nearby will minimize the length, and possibly the number, of car trips that parents would make to use an offsite daycare center. According to the applicant, there is a significant need for additional daycare facilities to serve HSF and UVAF employees. Because this daycare center is adjacent to the Professional Center and in close proximity to Fontaine Research Park, it will serve employees at both locations. Impact on Environmental, Cultural, and Historic Resources: The applicant has agreed to protect the significant environmental features on the site. They are shown on the application plan as preservation areas. Buildings and roadways have been laid out around these features. There are no known cultural or historic resources on the site. Anticipated impact on public facilities and services: StrPPta- At VDOT's request, the applicant prepared a TIA to meet the requirements of Virginia Chapter 527. The purpose of the study was to determine the impacts of the Morey Creek Professional Center and to recommend improvements to lessen the transportation impacts of the development. The study area extended along Fontaine Avenue Extended /Fontaine Avenue from the intersection of the US Route 29 Bypass southbound ramps to Jefferson Park Avenue /Maury Avenue (in the City of Charlottesville). The ramp junctions and weaving sections along the US Route 29 Bypass at the Interstate 64 (1 -64) and Fontaine Avenue Extended /Fontaine Avenue interchanges were also included in the study area. The study included the following intersections, which are shown on an aerial map in Attachment C: • Fontaine Avenue Extended at the US Route 29 Bypass southbound ramps • Fontaine Avenue at US Route 29 Bypass northbound ramps • Fontaine Avenue at Ray C. Hunt Drive • Fontaine Avenue at Jefferson Park Avenue /Maury Avenue Following completion of the main TIA, the traffic consultants also analyzed the intersection of Buckingham Circle and Fontaine Avenue Extended. The study noted that: The addition of the proposed Morey Creek Professional Center creates a somewhat different set of hurdles at the interchange of US Route 29 Bypass and Fontaine Avenue Extended /Fontaine Avenue. Given the directional traffic characteristics associated with office development and the proposed building's location west of the interchange, new deficiencies are noted that are not directly addressed by the improvements proposed in conjunction with the Fontaine Research Park expansion to the east. The proposed Morey Creek Professional Center generates directional traffic flows opposite of what exist today. The applicant has proffered all of the improvements recommended in the TIA to address traffic issues, so the traffic impacts on local streets have been addressed. In particular, the residents of Buckingham Circle should find it easier to enter /leave their development once the traffic signals and turn lanes are in place. ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 9 Staff notes, though, that these proffered improvements do not address the problems with the weaving movements on the US Route 29 Bypass northbound and southbound. As VDOT states in its evaluation: The weave analysis included in the study for traffic on the Route 29 Bypass between the 1 -64 and Fontaine interchanges and traffic on 1 -64 eastbound between the Route 29 Bypass loops are performing below acceptable levels of service and will continue to degrade with additional background and site traffic. The study does not provide any recommendations to improve these maneuvers. These interchanges need additional analysis and improvements that are beyond the scope of this study. VDOT notes that improvements to this segment of the regional road system will require further study and are beyond what is usually required of a single development project. A summary of the Traffic Impact Analysis (TIA) results is provided in Attachment D. VDOT Comments are included in Attachment E. As noted in the comments, the proffers (Attachment F) address VDOT's request that all of the improvements needed to handle the additional traffic from the Fontaine Research Park rezoning and the Morey Creek Professional Center have been proffered by the Health Services Foundation (HSF). Each of the improvements are expected to be in place in time to serve traffic from either institution. VDOT has assured staff that all of the other comments listed under "Plan" (numbers 2 — 8) can be dealt with at the time of site plan approval. Schools: The proposed development is not residential, so there will be no impact on County schools. Fire and Rescue: The closest County fire rescue station is Monticello off of Avon Street Extended (near Monticello High School). There is a closer station in the City of Charlottesville. Utilities: Water and sewer are available to the site. The applicant has provided the 40 -foot sewer easement requested by RWSA; it is shown on the application plan. RWSA and ACSA comments are included in Attachments G and H, respectively. Anticipated impact on nearby and surrounding properties: The proposed Morey Creek Professional Center will be developed on property that is currently vacant. The impact of the proposed Professional Center on the nearest neighbors, the residents of Buckingham Circle, would be primarily from traffic, noise, and lighting. The potential traffic impacts have been addressed as noted above. The Professional Center, including the daycare facility, will be open during typical business hours on weekdays. Thus, there would be little, if any, noise in the evenings and on weekends. Also, the applicant has represented that the lighting in the office building and garage will be minimal outside of office hours. The applicant has offered to increase the amount of landscaping in the area between the office building /parking garage and Buckingham Circle. These impacts are expected to be less than the impacts from the previous proposal, the Fontaine Avenue Townhomes. Further, the stream /stream buffer /floodplain /wetland area will provide a buffer between the Professional Center and the residential area. Staff notes that this area is significantly larger than the buffer that would normally be required between a commercial area and a residential area. Also, Professional Center employees will have their own entrance off of Fontaine Avenue Extended; they will not be using Buckingham Circle. ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 10 The applicant has met several times with the residents of Buckingham Circle to explain the project and explain how the proposed development would address residents' concerns. The primary concern expressed by the residents is their difficult entering and leaving their neighborhood through the intersection at Bucking ham Circle and Fontaine Avenue Extended. Staff believes that the road improvements identified in the TIA (see below) and proffered by the applicant will address the traffic issues at this intersection, as well as on other local streets. PROFFERS Attachment F contains the signed proffers, as reviewed by the County Attorney. Staff believes these proffers address the matters that need to be addressed, and that each proffer will be fulfilled at the appropriate time in the development process. Each proffer is described below: Proffer 1: the Owner has agreed to construct an off -site asphalt -paved pedestrian walkway from the southeast corner of the site to the Fontaine Business Park with the route running along the north side of Fontaine Avenue Extended. This is the same pedestrian path that was proffered by the Fontaine Avenue Townhomes. Proffer 2: the Owner has agreed to design and construct a pedestrian bridge over the stream /stream buffer /floodplain area at the southeast corner of the site. This bridge will enable Professional Center employees to reach the greenway amenity area and to reach the pedestrian path (Proffer #1). The pedestrian bridge was proffered by the Fontaine Avenue Townhomes project. Proffer 3: the Owner has agreed to provide a loading space for JAUNT buses to drop off employees at the office building. During discussions with the applicant, staff determined that, should a regular CAT bus route be extended to serve the Professional Center, a CAT bus stop would most likely be located on Fontaine Avenue Extended, so no stop needs to be located within the site. Proffer 4: the Owner has agreed to design, bond, and construct the following transportation improvements: • A traffic signal at the Fontaine Avenue /US 29 northbound ramp intersection. The Traffic Impact Analysis (TIA) showed that this signal would be necessary due to the additional traffic from the Morey Creek Professional Center. • An eastbound right turn lane on Fontaine Avenue at the US 29 southbound ramp intersection. This improvement is also necessary due to the traffic from the Morey Creek Professional Center. • A traffic signal and additional lanes at the Fontaine Avenue /US 29 Bypass southbound ramps intersection, using one of the two options described in the proffer. These improvements have also been proffered as part of the most recent rezoning for the Fontaine Research Park and are included here so that they are available as soon as they are needed. Staff notes that additional proffer(s) and /or additions to the application plan will be needed to indicate the applicant's commitment to the building elevations, parking garage lighting, and landscaping that have been shown to nearby residents and staff. SPECIAL USE PERMIT SP 2010 - 00006, Parking Structure. Regarding the provisions of Section 31.6.1 of the Zoning Ordinance, staff notes the following: The applicant proposed structured parking after early designs for the Professional Center showed that the required number of parking spaces, if provided as surface parking, would take up too much of the site and the spaces furthest from the office building would be too far away to be walked ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 11 comfortably. The proposed parking structure will have three levels, with each level accessed from a different point. The applicant has indicated that the structure, when not in use, will have very low light levels. 31.6.1: Special use permits for uses as provided 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, Staff does not believe that the proposed parking garage would be of substantial detriment to the Buckingham Circle neighborhood or other nearby uses because the parking structure would be used primarily during weekday business hours. Also, a large area with significant environmental features would serve as a buffer between the parking structure and the nearby residential uses. Staff believes that the impacts of the parking structure would be significantly less than those from the parking associated with the previously proposed townhome development. With the townhomes, people would have been parking at all times of the day and night, and, because the parking would have been spread throughout the site, it would have been much more difficult to minimize the impacts of parking lot lighting and vehicle headlights. The proposed parking garage has a separate entrance; it is not accessed from Buckingham Circle. Potential local traffic impacts have been addressed through proffers, as recommended in the Traffic Impact Analysis. that the character of the district will not be changed thereby, A parking garage is an expected use within a commercial office development, so having one as part of the Professional Center will not change the character of the district. and that such use will be in harmony with the purpose and intent of this ordinance, A parking structure is permitted in a PD -MC by special use permit because it is permitted in the C -1, CO, and HC districts. Providing a parking garage for most of the parking, rather than relying solely on surface parking is in keeping with the intent of planned development districts generally (Section 8.1); they "promote economical and efficient land use through unified development." with the uses permitted by right in the district, Uses permitted by right in a PD -MC district are those permitted by right in C -1, CO, and HC districts. Parking is a requirement for commercial uses and is compatible with commercial uses. with additional regulations provided in section 5, Section 5.1.41 Parking Lots and Parking Structures requires that a site plan be prepared for each parking lot and parking structure. and with the public health, safety and general welfare. Staff believes that the proposed Professional Center would provide a needed facility for the applicant and would provide jobs in Albemarle County. The site is well - located for a commercial office use as it is served by a major road and is in close proximity to other commercial uses and residential areas. WAIVERS— CRITICAL SLOPES MODIFICATION Staff notes that this same waiver was requested and approved as part of ZMA2004- 00002, Fontaine Avenue Townhomes (approved January 24, 2006). ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 12 I. CRITICAL SLOPES WAIVER The proposed development will require the disturbance of critical slopes. A modification to allow critical slopes disturbance is necessary before the site plan can be approved by the Planning Commission. The request for a modification has been reviewed for both the Engineering and Planning aspects of the critical slopes regulations. Section 4.2.3.2 of the Zoning Ordinance restricts earth - disturbing activity on critical slopes, while Section 4.2.5(a) allows the Planning Commission to waive this restriction. The applicant has submitted a request and justification for the waiver (Attachment 1)], and staff has analyzed this request to address the provisions of the Ordinance. The critical slopes in the area of this request appear to be both natural and manmade. Staff has reviewed this waiver request with consideration for the concerns that are set forth in Section 4.2 of the Zoning Ordinance, entitled "Critical Slopes." These concerns have been addressed directly through the analysis provided herein, which is presented in two parts, based on the Section of the Ordinance each pertains to. Section 4.2.5(a) Review of the request by Current Development Engineering staff: Description of critical slope area and proposed disturbance: The critical slopes areas on the west end of the site are small isolated areas and areas which have been disturbed with a permit for a stockpile (WPO200800044). They do not form a part of a larger system of critical slopes. These areas will be disturbed for buildings and parking. The areas of critical slopes on the east side of the site border the stream and pond. These areas form part of a larger system of critical slopes. The applicant is disturbing these areas for utility crossings and for the edge of the travelway into the parking structure. The numerical breakdown of disturbances as provided by the applicant is given below: Areas Acres Total site area 12.6 Area of critical slopes man -made & natural 1.77 14% of development Total critical slopes disturbed 0.59 33% of critical slopes Description of critical slope area and proposed disturbance: The critical slope areas contain both natural and manmade critical slopes. Please see the applicant's waiver request for details on these areas and the percentages of disturbance. Each of the concerns of Zoning Ordinance section 18 -4.2 is addressed below: 1. "rapid and /or large scale movement of soil and rock" - Proper slope construction, control of drainage, and vegetative stabilization will prevent excessive movement of soil. It is noted that the site has an open permit for a stockpile (WPO200800044) on the west side, which could be removed now without a waiver. The applicant asked for this permit to be extended in anticipation of moving or eliminating the stockpile with this project. 2. "excessive stormwater run -off Stormwater runoff will be treated and directed into the adjacent stream and pond. It is noted that the pond has an open permit for repair of the dam (WPO201000021), which was breached. ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 13 3. "siltation of natural and man -made bodies of water Inspection and bonding by the County will ensure siltation is mitigated during construction. Proper stabilization and maintenance will ensure long term stability. 4. "loss of aesthetic resource' This area is visible from the roads and houses in the neighborhood. Some of the slopes were created as part of a soil stockpile, and having an open permit, could be disturbed now, as discussed above. The open space plan, prepared in 1992, shows portions of this site as included in "Major and Locally Important Stream Valleys and Adjacent Critical Slopes ". It appears that some modification of the slopes has occurred in the nearly 20 years since the preparation of the Open Space Plan. The slopes are wooded and do provide a natural setting within the Development Area. 5. "septic effluent This site is serviced by public sewer. A portion of this site plan is located inside the 100 -year flood plain area according to FEMA Maps, dated 04 February 2005. The critical slopes to be disturbed are not within the 100 -year flood plain area, with the exception of the utility crossings, and the existing permit for repair of the dam. Based on the above review, the applicant has satisfactorily addressed the technical criteria for the disturbance of critical slopes. Review of the request by Current Development Planning staff: Summary of review of modification of Section 4.2: Section 4.2.5 establishes the review process and criteria for granting a waiver of Section 4.2.3. The preceding comments by staff address the provisions of Section 4.2.5(a). Staff has included the provisions of Section 4.2.5(a)(3) here, along with staff comment on the various provisions. The commission may modify or waive any requirement of Section 4.2 in a particular case upon finding that: A. Strict application of the requirements of section 4.2 would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare; The areas proposed for development are relatively small and isolated. Denial of a waiver to disturb the smallest areas would significantly reduce the development potential of the site as these small areas are centrally located. The larger areas of disturbance are at the rear of the site. If a waiver to disturb these slopes is not approved, the total development potential of the site will be reduced. Authorizing disturbance of the larger area of critical slopes is a balance between protection of resources and efficient utilization of the County's urban land. Approval of the waiver can be supportive of the County's effort to focus development in the Development Areas. B. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of section 4.2 to at least an equivalent degree; No proposed alternatives satisfy the intent and purpose to an equivalent degree. C. Due to the property's unusual size, topography, shape, location or other unusual conditions, excluding the proprietary interest of the developer or subdivider, prohibiting the disturbance of critical slopes would effectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the property or adjacent properties; or ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 14 Denial of this waiver for the two small areas of critical slopes near Fontaine Avenue would have a significant impact on the development potential of the site. Denial of a waiver to disturb the critical slopes at the rear of the site would reduce the developable land on site by a significant amount. However, staff does not believe that denial of the waiver for disturbance of the slopes at the rear of the site would effectively prohibit or unreasonably restrict the use of the property. D. Granting the modification or waiver would serve a public purpose of greater import than would be served by strict application of the regulations sought to be modified or waived. As stated previously, approving this waiver would permit efficient use of land located in the development areas. The disturbance of these slopes is associated with a rezoning request anc the disturbance of these slopes is a factor in considering the impact of the rezoning. If the rezoning is found to be consistent with the Comprehensive Plan and sound planning principles then granting the waiver should be considered as an action necessary and appropriate to forward the public purpose because it allows for the development to occur. Staff review of the request for a Critical Slopes Waiver indicates that the application meets the minimum engineering criteria for a waiver. While development of the site could occur without a waiver, approval allows for more efficient use of the land in the County's Development Areas. Staff recommends approval of this waiver. SUMMARY Staff has identified the following factors that are favorable to this rezoning request: 1. The proposed office building, parking structure, and daycare facility are in compliance with the comprehensive plan and are appropriate uses in a commercial area. The property fronts on a major road and is near Interstate 64 and the US Route 29 Bypass, so it is located near major commuting routes. It is also in close proximity to the Fontaine Research Park. Locating the proposed Professional Center in this area will minimize car trips that might otherwise be necessary. Having the daycare center nearby will minimize the length, and possibly the number, of car trips that parents would make to use an offsite daycare center. 2. The proffered traffic improvements will address the additional traffic issues on the local street network and will improve conditions at the Buckingham Circle /Fontaine Avenue Extended intersection for the residents of Buckingham Circle. 3. The conceptual plan preserves significant environmental features on over one -half of the site. 4. Approval of the SP for the parking garage will permit more efficient use of the site. 5. Approval of the critical slopes waiver will permit more efficient use of the site. Staff has found the following factor unfavorable to this rezoning: 1. Any new development in the area, including Morey Creek Professional Center, will add traffic to the regional road network, in particular the ramp junctions and weaving sections along the US Route 29 Bypass at the Interstate 64 (1 -64) and Fontaine Avenue Extended /Fontaine Avenue interchanges. Road improvements to address these areas are beyond what is attributable to the impacts of this project. RECOMMENDATION Staff recommends approval of ZMA 2010 - 00003, with the proposed proffers, and commitments to building elevations, lighting, and landscaping Staff recommends approval of SP 2010 -00009 Staff recommends approval of the Critical Slopes Waiver ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 15 PLANNING COMMISSION MOTION for ZMA 2010 - 00003, Morey Creek Professional Center: A. Should a Planning Commissioner choose to recommend approval of this zoning map amendment: Move to recommend approval of ZMA 2010 - 00003, Morey Creek Professional Center, subject to the proffers provided and commitments to building elevations, lighting, and landscaping. B. Should a Planning Commissioner choose to recommend denial of this zoning map amendment: Move to recommend denial of ZMA 2010 - 00003, Morey Creek Professional Center. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. PLANNING COMMISSION MOTION for SP 2010 - 00009, Parking Structure: A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP2010- 00009, Parking Structure. (No conditions) B. Should a Planning Commissioner choose to recommend denial of this special use permit: Move to recommend denial of SP2010- 00009, Parking Structure. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. PLANNING COMMISSION MOTION for Critical Slopes Waiver: A. Should a Planning Commissioner choose to recommend approval of this critical slopes waiver: Move to recommend approval of the Critical Slopes Waiver for the Morey Creek Professional Center, as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this critical slopes waiver: Move to recommend denial of the Critical Slopes Waiver for the Morey Creek Professional Center. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENT A: ATTACHMENT B: ATTACHMENT C: ATTACHMENT D: ATTACHMENT E: ATTACHMENT F: ATTACHMENT G: ATTACHMENT H: ATTACHMENT I: Location Map Application Plan, Dated January 18, 2011 Map of Area Included in the Traffic Impact Analysis Staff summary of TIA Results VDOT Comments, dated February 10, 2011 Proffers, dated February 17, 2011 RWSA Comments, dated May 19, 2010 ACSA Comments Critical Slopes Waiver Request ZMA2010- 00003, Morey Creek Professional Center / SP2010- 00009, Parking Structure Planning Commission Public Hearing, April 5, 2011 Staff Report, Page 16