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HomeMy WebLinkAboutZMA200700013 Staff Report 2010-08-30COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 07 -13 Fontaine Staff: Elaine K. Echols, AICP Research Park Expansion SP 07 -55 Fontaine Parking Structures Board of Supervisors Public Hearing: Planning Commission Worksession: November 27, 2007 NIA I Owners: University of Virginia Foundation, Applicant: University of Virginia Foundation University of Virginia, University of Virginia Health Services Foundation; Acreage: 54 acres Rezone from: CO with proffered plan and proffers to CO with proffered plan and proffers TMPS: 75, parcels 1760, 176W, 176X, By -right use: 565,000 square feet of office and 1781, 1782, 17B3, 17B4. 1785, 1786, 17137 associated commercial use & 17B8 Location: Corner of Fontaine Avenue and Ray Hunt Drive Proposal: Increase square footage of Requested # of Dwelling Units: None. Research Park by 725,000 square feet including 3 parking garages Magisterial District: Samuel Miller DA (Development Area): Neighborhood Six Character of Property: Developed as Use of Surrounding Properties: Residential, Office Park railroad, and university Input from City of Charlottesville: The City has asked to review the traffic impact analysis for the development once it is completed. Once they have seen the traffic information, comments on the development and any other impacts to the City are expected - RECOMMENDATION: Staff recommends that the Commission provide guidance or input on expectations for impacts to environmental resources, expectations for the timing and construction of the Sunset- Fontaine connector, characteristics of the Sunset - Fontaine connector, the relationship between a possible off -ramp from 1 -64 to the Research Park, expected mix of uses, expansion of Stadium Road, and the level of information expected at the rezoning vs- the site planning stage. STAFF PERSON: PLANNING COMMISSION: ELAINE K. ECHOLS, AICP NOVEMBER 27, x007 ZMA 2047 -13 Fontaine Research Park SP 2007 -55 Parking Structures For Fontaine Research Park PROPOSAL The applicant, the University of Virginia Foundation, wishes to enlarge the existing Fontaine Research Park from 565,000 square feet allowed to 1,290,000 square feet allowed for office and research uses and three parking garages. Attachment A shows the location of the research park. Attachment B shows the proposed plan for the park. Attachment C provides the applicant's response to the staff's first set of comments on this rezoning. PETITION PROJECT: ZMA 2007 -413 Fontaine Research Park Expansion PROPOSAL: Rezone approximately 54 acres from CO Commercial Office - offices, supporting commercial and service uses; and residential use by special use permit (1 S units/ acre) to CO Commercial Office - offices, supporting commercial and service uses; and residential use by special use permit (15 units/ acre) to allow for an increase from 565,000 square feet to 1,290,000 square feet of office and supporting commercial space permitted in the research park. Three parking garages are proposed. No residential units are proposed. PROFFERS: EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Office Service - office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01 -34 units /acre), ENTRANCE CORRIDOR: Yes LOCATION: Adjacent to the intersection of Ray C. Hunt Drive and Fontaine Avenue in Neighborhood Six. TAX MAP /PARCEL; TM 76, Parcels B, BW, BX, B1, B2, B3,134, B5, B6, 137, and B8 MAGISTERIAL DISTRICT: Samuel Miller BACKGROUND/PLANNING AND ZONING HISTORY The property in question has been rezoned several times over the last 28 years. In 1979 (ZMA 79 -43), the property was rezoned from A -1 to R -3 (10 units /ac) for South 29 Land Trust. In 1985 (ZMA 85 -01), the property was rezoned from R -3 to PD -SC for an inn and shopping center. In 1990, the existing owner requested a rezoning of 87 acres (31 more acres than currently under review) from PD -SC to PD -IP. This request (ZMA 1990 -21) was withdrawn. The property was rezoned again from PD -SC to CO Commercial Office, with proffers and a proffered plan for development to create the Fontaine Research Park in June of 1992 (ZMA 92- 03). Amendments to the zoning for the research park have occurred three times since the initial rezoning. ZMA 00 -04 increased the square footage from 391,400 square feet to 495,000 square feet and modified the proffered plan. ZMA 04 -10 increased the square footage by 40,000 square feet to 535,000 square feet. ZMA 06 -12 added 30,000 additional square feet to the park for a total of 565,000 square feet, Multiple site plans and subdivision plats have been approved since 1992. 7 Several special use permits have also been approved. SP 92 -13 authorized supporting commercial uses, research & development activities including experimental testing, and medical and pharmaceutical laboratories. Proffers rather than conditions provided limitations on the amount of supporting commercial use. The applicant originally wanted approval for up to 10% of the proposed square footage in 1992 to he available for supporting commercial use. The Planning Commission recommended only 5 %, which ended up being a proffer for no more than 19,450 square feet of supporting commercial use. Although the square footage of the park increased, the maximum square footage of supporting commercial has not increased and is approximately 3.5% of the maximum square footage of the park. Two other special uses were approved over the years. SP 93 -05 authorized a telephone substation and SP 95 -17 allowed a hospital with up to 60 beds. The status of these special uses is still being researched by Zoning. Attachment D contains the first and last sets of proffers for the rezoning as well as the special use permits and their conditions. Because of the number of small additions to the park over the last fifteen years and the Foundation's plan for expansions, staff asked the applicant to prepare and present an overall plan for the park before requesting any more additions to the park. While the Foundation was preparing this plan, it was also participating in the recently approved Southem Urban Area B study for transportation, land use, housing, and parking. The Board of Supervisors adopted a Comprehensive Plan amendment on August 1. 2007 that included recommendations for this area. It is included as Attachment E. This worksession primarily addresses conformity with the Comprehensive Plan. CHARACTER OF THE AREA Fontaine Research Park has seven existing buildings, primarily involved with medical services or health - related research, with the exception of AIMR and the front building which houses the University's development office. Beyond the park boundaries but accessed via Ray C. Hunt Drive are the Forestry Building and associated warehouse. Nearby are the Nob Hill subdivision, Buckingham Circle neighborhood, Piedmont housing area (UVA) within the County and the Fry's Spring and Jefferson Park Avenue neighborhoods within the City. SPECIFICS OF THE PROPOSAL The applicant is proposing to expand the research park by adding six new building and three parking structures on the same 56 acres currently supporting the research park. The existing campus contains 535,000 square feet of general office, medical research and development, and clinical medical space, An additional 30,000 square feet is under construction for research. The proposed rezoning would provide 233,750 square feet for general office use, 247,500 square feet for medical office use, and 243,750 square feet for research and development. The three parking garages proposed are not included with the square footage requested. The parking garages require a special use permit which is under consideration with the project. PURPOSE OF THIS WORKSESSION A number of "big picture issues" exist for this rezoning. Most of them relate to the recently adopted changes to the Land Use Plan resulting from the Southern Urban Area B study conducted by the County, the City and the University. In large part, the worksession is to re- familiarize the Commission with the adopted plan and discuss how this proposed rezoning relates to the adopted plan. It is also to establish the expectations for commitments by the applicant during the rezoning process. one of the primary issues has to do with transportation and traffic impacts to the City and County from the proposed expansion. At present, the applicant is conducting a more detailed traffic study than they provided with the original rezoning application, The traffic study is not yet complete and no analysis by VDOT or the County can be done until that study is complete. With the understanding that a second worksession will likely be necessary to discuss transportation, staff is asking the Commission to look at the other aspects of the rezoning at this time and provide guidance, CONFORMITY WITH THE COMPREHENSIVE PLAN The proposal has been analyzed with relation to the relevant portions of the Land Use Plan, below: Comprehensive Plan Recommendation Project Proposal Infill and expansion of the Fontaine Research The applicant has proposed both infill and Park may be permitted. The level of expansion expansion of the Fontaine Research Park. permitted on -site should be limited to that which The expansion would more than double the can be supported by the planned road network, amount of square footage currently and timed with the construction of the planned available. At present, a transportation improvements to the road network which provide study is being performed to determine what an adequate Level of Service to support the existing road network can support and development in this area. Adequate level of timing for improvements. service (LOS) is considered D or better (or the LOS acceptable to VDOT) for network roads in Additional support commercial uses are not the County and City, including Fontaine Avenue proposed over the latest proffered square in the County and City, the Fontaine footage, which is 20,000 square feet Avenue/U.S. 29 Bypass interchange, Sunset maximum. To date, much less than 20,000 Avenue, Old Lynchburg Road and Fifth Street. square feet is being used as support commercial uses. The applicant has Additional support commercial should be indicated that there are two small cafe -style provided on -site in the future to serve the park food service areas in buildings in the park. and the immediate area, In addition, the This issue is discussed later in the report. following are also recommended for this site: The proposed Sunset- Fontaine connector shall be The proposed Sunset - Fontaine connector is accommodated on -site Provision of the road will shown on the concept plan as, "Secondary be an expectation for any rezoning request in this Research Park Entrance" and "Future portion of the study area. Stribling and/or Connector Improvements ". The applicant has indicated that they will 4 "follow a phasing schedule that will link stages of park expansion to the construction of the secondary entrance to the Fontaine Research Park in the location of the Sunset - Fontaine connector road alignment. Stribling Avenue access will be maintained during the implementation of this phasing process. Roadway improvements will be dictated by traffic demands resulting from the expansion. Transit stations, as well as bicycle and pedestrian facilities will be incorporated into the final development plans. It is recognized that the Stribling Road interim conditions resulting from phased roadway construction may require less than optimal, but acceptable, roadway engineering solutions, , ," The traffic study not yet being complete, the applicant has not fully fleshed out the construction and timing of Stribling. This situation may also be the result of a different transportation solution being explored by the University and the University Foundation — an off -ramp from 1 -64 directly into the Research Park. The PACC Technical Committee recommended undertaking a study to evaluate the impact of this alternative. The PACC Policy Board will be considering the Technical Committee's recommendation and cost share/responsibility share/responsibility for a study in February. The provision of pedestrian, bike facilities, and The applicant has indicated that inter - transit service and/or transit ready site design university transit service is already will be an expectation with any new available to the site and some bike facilities development of this site. are in -place in the park. There are also sidewalks within the development; however, the primary mode of transportation to the site continues to be the automobile, More work will be needed with regard to this recommendation from the Comprehensive Plan to ensure that better multi -modal options are available. Provide additional access points to the Research The Sunset - Fontaine connector road is Park on the Sunset - Fontaine connector road and Fontaine Avenue. Minimize the visual impacts to the Entrance Corridor through maintenance of vegetated buffers, and careful site grading, and careful treatment of building locations, heights, massing and clustering on the site. "Green" building and site design concepts should be incorporated into the project development. Water quality impacts will be an important consideration for any future development of this site. Measures should be put in place to not only minimize stream impacts, but also to help improve the current condition of Moore's Creek and its tributaries. Development plans along Route 250 West and Fontaine Avenue are to be sensitive to their status as Entrance Corridor roadways. Maintain or establish a buffer along Interstate 64 and the Route 291250 Bypass to protect the visual quality and character of the area as seen from the roadway. Construct the Sunset - Fontaine connector road and improve the existing alignment of Sunset Avenue from the new connector road to its intersection with Fifth Street. - Consider a possible extension of a multi -modal connection of Stadium Road to the Fontaine Avenue in the area of the Fontaine Research. Study various methods of providing_ a multi - shown on the concept plan for the development. Two entrances to the park from this road are indicated. The applicant has indicated that landscaping, screening, and care with treatment of building locations will be taken during the site planning process. Staff expects that "green" building concepts will be incorporated into the project. Staff believes that the applicant will need to provide more information during the rezoning process, rather than waiting until the site plan, to ensure that this goal will be met. At present, the applicant's plan shows impacts to the important environmental features on the site. Such impacts were not expected with the original rezoning. This issue is discussed later in the report. As indicated previously, no information has yet been provided to show how the Entrance Corridor Design Guidelines will be addressed. As indicated previously, no information has yet been provided to show how the Entrance Corridor Design Guidelines will be addressed. As previously mentioned, the applicant has indicated that they will "follow a phasing schedule that will link stages of park expansion to the construction of the secondary entrance to the Fontaine Research Park in the location of the Sunset- Fontaine connector road alignment. Stribling Avenue access will be maintained during the implementation of this phasing process. Roadway improvements will be dictated by traffic demands resulting from the expansion." This issue is discussed in more detail later in the report. An extension of Stadium Road to Fontaine Avenue to align with the intersection of the future Sunset - Fontaine connector has not been offered as part of this rezoning, The modal connection, including the provision of various combinations of pedestrian, bicycle, transit, and/or vehicle access and the impacts of this connection on the neighborhood and road network - Provide a greenway corridor along Moore's Creek in the southern portion of Neighborhood. Six. This greenway should connect to the Fontaine Avenue Research Park. - 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. - Evaluate the need for transit service to the Neighborhood as the area continues to develop. 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. • Locate a new fire and rescue station in this area to service Neighborhood Six and Seven, the University and Ivy as response times require. The station should be funded and operated jointly by the City, County and University. The station should be staffed by volunteers to the 7 City and University are in discussions about the possible construction of this connector road with the construction of a new fire station in the Stadium Road area. No final decisions have been made regarding either facility. This road would be located on City and University land. This issue is discussed later in the report. A greenway corridor was proffered with the last rezoning as well as constructed access from the greenway to the Research Park. At present, there are no sidewalk or path facilities, except for the paths across the frontage of the park on Fontaine Avenue and a path to Stadium Road area. This issue will need to be discussed later in the rezoning. Residential areas to consider are the .IPA area of the City, Buckingham Circle, Stribling Avenue and future development of the Granger Tract. The Area B Study recommends transit stops along the Sunset - Fontaine connector road in or near the Granger and Fontaine Research Park sites. Bike /pedestrian facilities should be provided along Fontaine (multi -use path exists on portions), Moore's Creek Greenway; proposed connector road; and possibly along Stribling Ave. No CTS/public transit service expansion is recommended for the Fontaine Avenue area in the CTS Transit Development Plan for the Plan's planning period (2006-2011) At present, UTS (University Transit Service) is provided to the Park. CTS (Charlottesville Transit Service) is not provided to this portion of Fontaine Ave. (refer to comments above) At present, the possibility of such a fire and rescue station is being discussed by the City and University in the Stadium Road area. No more details are available yet on how this goal will be met. It is possible that the rezoning may also include greatest extent feasible. commitments from the University for land and cash for its construction. • Coordinate with the University on the The PACC Committee provides the development of its parcels. primary forum for coordination of land use and transportation efforts. This rezoning proposal is one of the efforts being made for coordination. Conformity with the County's Open Space Plan: The County's Open Space Plan shows this area as containing important wooded areas along Fontaine Avenue and major and locally important stream valleys and adjacent critical slopes to the rear of the parcel. The 1992 approved rezoning did not retain the wooded areas along Fontaine Avenue. The applicant did, however, conduct an extensive study of resources and, at the request of the County, established a resource protection area around Morey Creek and its contiguous wetlands. The current concept plan for the Research Park expansion shows significant grading activity in the area identified as nontidal wetlands. Staff asked the applicant to clarify existing conditions and environmental constraints in relation to the proposed grading. Staff suggested that a formal wetland delineation should be performed to ascertain the extent of that resource. The applicant's response and further discussion are indicated in the "Issues" section below. Possible New Off -Ramp from I -64 to the Fontaine Research Park: Recently, the University's Office of the Architect has proposed consideration of the construction of an interchange at I -54 and Sunset Avenue as an alternative to the construction of the Sunset - Fontaine connector road. The interchange is seen as a potentially less costly alternative to the construction of the connector road. Interest in further studying this concept was discussed with Planning and Coordination Council (PACC) Technical Committee in October. The PACC Technical Committee has recommended to the PACC Policy Board that the concept be further studied to determine its impact and cost. The Policy has not discussed the matter to date. At this time, there is no recommendation for an interchange at this location in the County's Comprehensive Plan or in the Metropolitan Planning Organization's (MPO) Regional Transportation Plan (UnJAM 2025). ISSUES There are a number of issues for discussion at this worksession. They relate to impacts to environmental resources, expectations for expectations for the timing and construction of the Sunset - Fontaine connector, characteristics of the Sunset - Fontaine connector, the relationship between a possible off -ramp from 1 -54 to the Research Paris, expected mix of uses, expansion of Stadium Road, and the level of information expected at the rezoning vs. the site planning stage. if7hat level of resource protection is expected with the expansion of the Research Park? As previously indicated environmental resources adjacent to Morey Creek are significant features in the County's Open Space Plan and, during the previous rezoning, were to be protected. For this rezoning, the applicant has responded that `overall environmental impact is a critical component of the current layout and ZMA conceptual design plans. As currently planned, the total impervious areas will not significantly change from the current approved conditions when the final proposed densities are achieved. Continued protection of the Morey Creek corridor during site expansion construction activities, as well as proposed development, can be expected from this ZMA application." The applicant has further indicated that a wetlands study will be completed. They have said that, "it is understood that development impacts to the Morey Creek corridor will need to be considered as development plans continue to be finalized for the subject property and the potential connector road corridor. Direct discussions are expected when the wetlands data is complete." It is not known how much commitment is planned by the applicant for resource protection through the rezoning process. Conceptual grading on the proffered plan indicates that resources will be affected. While it is premature at this time for the applicant to make design changes to the plan because further wetlands analysis is being done, staff believes the Commission should make clear its expectations for the rezoning. Staff believes that, unless impacts are required as a result of the Sunset- Fontaine connector road construction, no additional impacts should be made to the area delineated for resource protection during the original rezoning. If the applicant can demonstrate that environmental resources are not as extensive as originally mapped, then areas shown on the concept plan for development may be acceptable. The delineation of the environmental resources should not wait until the site plan stage, though. What level of support commercial use is expected with the expansion of the Research Park? As indicated earlier in the report, supporting commercial uses were approved with the original rezoning by special use permit. To date, only minimal commercial square footage has been built. The application indicates that the additional 725,000 square feet would be devoted to general office use, medical office use, and research and development. However, the Comprehensive Plan indicates that "additional support commercial should be provided on -site in the future to serve the park and the immediate area." The reason for the additional commercial uses is to provide a place for employees to walk to for meals and services that would otherwise require automobile trips on Fontaine Avenue. Staff believes that the applicant should commit to a minimum as well as maximum square footage to act as support to the growing office and research and development uses. Types of supporting commercial uses would include day care, dentist, food establishments, dry cleaners, and a convenience store primarily oriented to pedestrians. A phased approach would be desirable. In terms of maximum amount of commercial square footage needed, the full build - out projection of approximately 5,000 employees would probably need no more than 50,000 square feet. Staff believes it would be helpful for the applicant to propose a phasing plan along with a minimum and maximum amount of commercial square footage. When should the Sunset- Fontaine connector be built through this property and what characteristics should it have? The Comprehensive Plan recommendations state that "the proposed Sunset- Fontaine Avenue connector shall be accommodated on site. Provision of the road will be an expectation for any rezoning request in this portion of the study area." It is expected that, at a minimum, the portion L1 of the connector road located on site needs to be built to a design and cross - section that corresponds to it ultimate functional requirement. The Comprehensive Plan also indicates that the level of development permitted on the site will be contingent on adequate service levels on existing roads. Until the traffic study is completed, staff will not be able to determine whether the complete Sunset- Fontaine connector road will need to be constructed to support the level of development proposed with this project. However, it is difficult to imagine doubling the square footage of development on this site with no substantial improvements being made to the road network in this area, including construction of the connector road. Based on current City recommendations, Fontaine Avenue cannot be widened beyond the proposed 3 lane section (center turn- lane). Staff believes the connector road should have curb, gutter, sidewalks, bike lanes, and street trees, in keeping with the desired urban form for the Development Areas. How should a possible off -ramp from I -64 affect commitments for the Sunset- Fontaine connector? At this time, there is no recommendation for an interchange at this location in the County's Comprehensive Plan or in the Metropolitan Planning Organization's (MPO) Regional Transportation Plan (Un.IAM 2025). For that reason, staff believes that the Commission must rely on the adopted Comprehensive Plan recommendations for the Sunset - Fontaine connector. However, as this concept is further studied, new recommendations may follow. If this occurs during the review of the rezoning proposal, expectations for the Sunset- Fontaine connector on the research park site may need to be revisited. Should Stadium Road be expanded as a part of this rezoning? As previously indicated, the Land Use Plan recommends that a multi - modal Stadium Road be extended to connect to Fontaine at the entrance to the Research Park. This connection is vitally important to serve trips between the University and the research park. As with the Sunset - Fontaine connector, until the traffic study is completed, staff will not be able to determine whether Stadium Road will need to be constructed to support the level of development proposed. What level of information is expected at the rezoning vs. the site planning stage? The applicant is currently providing conceptual plans that show the desired land uses; however, the relationship of the built environment to the natural environment is not clearly demonstrated. Although this is a rezoning for a conventional district (CO), there is information normally provided as part of planned development rezonings that staff feels is necessary to have as part of this rezoning. Requirements for planned districts include the following items: An application plan based on a minimum of two (2) data references for elevations to be used on plans and�rofiles showing: The areas to be designated as preservation areas, if appropriate, and areas to be designated as conservation areas, such as streams, wooded areas, specimen trees, non -tidal wetlands, and other significant environmental features; 2. The proposed gradingitopography with a maximum of five (5) foot contour intervals; The general location of proposed streets, alleys, sidewalks, and pedestrian paths; 10 4. Typical street cross - sections to show proportions, scale, and streetscape; 5. Connections to existing and proposed streets, as well as proposed thoroughfares shown on the comprehensive plan; 6. Trip generation figures; 7. The general lay -out for the water and sewer systems, conceptual stormwater management, and a conceptual mitigation plan; 8. The location of central features or major elements within the development essential to the design of the development, such as major employment areas, parking areas and structures, civic areas, parks, open space. green spaces, amenities and recreation areas; 9. A summary of land uses including dwelling types and densities, and the grass floor areas for commercial and industrial uses; 10, The general lot lay -out; and 11. Standards for development including proposed yards, building heights, open space characteristics, and any landscape or architectural characteristics related to scale, proportions, and massing at the edge of the district. Most, if not all of these items are necessary to assess a rezoning such as the one requested by the applicant because of the infill aspects in relationship to transportation and environmental features of the land. Many of the items have already been provided. While staff appreciates the desire to simplify the rezoning process, if feels it cannot adequately assess relationships with the Comprehensive Plan without more detailed information than has been provided by the applicant. Additional information is needed on preservation of environmental features, proposed grading at 5 foot intervals, connections to neighborhoods, utility provision and stormwater management, and scale, proportions, and massing along the Entrance Corridor. RECOMMENDATION Staff recommends that the Commission review each of the questions posed in this report. Staff asks for input from the Commission on impacts to environmental resources, expectations for expectations for the timing and construction of the Sunset- Fontaine connector, characteristics of the Sunset - Fontaine connector, the relationship between a possible off ramp from 1 -64 to the Research Park, expected mix of uses, expansion of Stadium Road, and the level of information expected at the rezoning vs. the site planning stage prior to a next step on this rezoning. ATTACHMENTS ATTACHMENT A: Location Map ATTACHMENT B: "Fontaine Research Park Illustrative Concept Plan ", dated 1 117107 ATTACHMENT C: Letter from Applicant dated October 30, 2007 ATTACHMENT D: Background information ATTACHMENT E: Adopted Comprehensive Plan Amendment for Neighborhood 6 ZM7 A �' ,2007-013 I SP 2007-055 1/ 1 I Fontaine; Research Park Expa ns . ion Jill ' I any Si u' n r ctured Parking 820 I_ ) 0 01 ell 782 U Roads [__7 Parcels Railroads 1:3 Parcels of Interest Streams M city Boundary Feet 40 0 100 2DO \ * water Body AV -1 W, f %0 - OR 49 ti fl lip LL 41 ARM H3vsanv Ism _hl 0 2 CL by ''1 !�1 I. as O CL 8t ff CK 2Z try W, f %0 - OR 49 ti fl lip LL 41 ARM H3vsanv Ism _hl 0 2 CL by ''1 !�1 I. as Attachment C �illll� UN1VERSITYo, fVIRGINM FOUNDATION October 30, 2007 MS Elaine Echols, AlCP Principal Planner County of Albemarle Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22904 -4218 Re: ZMA 2007 -013 Fontaine Research Park Addition Dear Ms_ Echols We have considered several comments from county staff detailed in your letter dated September 14, 2007. We are submitting the attached supplemental documents showing modifications to the ZMA application for your review and inclusion in the staff report for the November 20th (now scheduled for November 27 "') Planning Commission work session. The Executive Summary and illustrative plan revision add detail to the application and reinforce discussions with staff regarding the Fontaine /Sunset Avenue Connector Road. In addition to the attached documents we offer the following responses to your comments. Thank you for your recent submittal of a zoning map amendment application for the Fontaine Research Park Addition. As a result of the need for a worksession, this item has not yet been scheduled for a Planning Commission or Board of Supervisors public hearing. Your tentative worksession date is November 20, 2007. (now scheduled for November 27, 2007) Response: We are forwarding supplemental information for review and inclusion in staff report for the November 20th worksession. Your application has been reviewed by the County, VD0T, and ACSA. 'This letter incorporates comments from the Planning Division, Zoning and Current Development Division, the County Engineer, Fire Rescue Department, VDOT, and ACSA. The research park is in the AIA zone, the Flood Hazard Overlay District and within an EC Overlay District. Response: We concur. One thing that stands out relative to your application is the lack of a summary of the proposal. All of the information for the proposal (square footage, uses, etc.) seems to be in the traffic study. Both staff and the Commission will be better able to understand and process your application if you provide a summary giving the proposed uses (new and already approved), square footage developed, approved, and proposed, and any other explanatory information relative to the request. Response: We are forwarding an Executive Summary to clarify the various components within the ZMA application. Our comments are given below in the following order - 1 - J� UN VERSrrYof VIRGINYA F0uNDX1-10 v 1. Conformity with the Land Use Plan 2, Conformity with the Open Space Plan and Environmental Resource Protection 3, Conformity with the Neighborhood Model 4. Impacts to infrastructure and Streets 5, Proffers and Zoning 6. Entrance Corridor /ARB 1. Conformity with the Land Use Plan The area you have proposed for rezoning is designated Office Service on the Land Use Plan. This designation supports office parks, regional -scale research, and associated commercial activities. From a land use perspective, your proposed use is in keeping with the Land Use Plan. As you know, the Land Use Plan recently was amended and this area was included in the amendment. Important issues are highlighted below: Infilf and expansion of the Fontaine Research Park may be permitted. The level of expansion permitted on -site should be limited to that which can be supported by the planned road network, and timed with the construction of the planned improvements to the road network which provide an adequate Level of Service to support development in this area. Adequate level of service (LOS) is considered D or better (or the LOS acceptable to VDOT) for network roads in the County and City, including Fontaine Avenue in the County and City, the Fontaine Avenue /U, S. 29 Bypass interchange, Sunset Avenue, Old Lynchburg Road and Fifth Street. Additional support commercial should be provided on -site in the future to serve the park and the immediate area. In addition, the following are also recommended for this site: Response: We have attached an illustrative plan depicting the addition of the draft Fontaine /Sunset Avenue Connector Road alignment as it passes through the ZMA application property. Additional traffic analysis and meetings are currently on -going with VDOT and staff. We will continue to provide support commercial in the way of food service offerings. - The proposed Sunset Avenue- Fontaine Avenue connector shall be accommodated on- site. Provision of the road will be an expectation for any rezoning request in this portion of the study area, Response: We have attached an illustrative plan depicting the addition of the FontainelSunset Avenue Connector Road alignment as it passes through the ZMA application property. We will accommodate the existing Stribling Avenue traffic as the project is developed. N. -The provision of pedestrian, bike facilities, and transit service andlor transit ready site design will be an expectation with any new development of this site. Response: It is understood that the transition of this property to a campus setting and density will require accommodating mass transit and pedestrian oriented needs. - Provide additional access points to the Research Park on the Sunset A venue- Fontaine Avenue connector road and Fontaine Avenue. AOL �llill� UNIVERS1TY fVIRGzNL�, FOUNDATION Response: Final location and quantity of connection !access points for the subject property is directly related to the incorporation of additional off -site traffic demands into the application TIA. - Minimize the visual impacts to the Entrance Corridor through maintenance of vegetated buffers, and careful site grading, and careful treatment of building locations, heights, massing and clustering on the site, "Green" building and site design concepts should be incorporated into the project development. Response: Continuation of the Entrance Corridor treatments currently in place along Fontaine Avenue can be expected as traffic improvements are incorporated into the ZMA land use plans. -Water quality impacts will be an important consideration for any future development of this site. Measures should be put in place to not only minimize stream impacts, but also to help improve the current condition of Moore's Creek and its tributaries." Response: Overall environmental impact is a critical component of the current layout and ZMA conceptual design plans. As currently planned, the total impervious areas will not significantly change from the current approved conditions when the final proposed densities are achieved. Continued protection of the Morey Creels corridor during site expansion construction activities, as well as post development, can be expected from this ZMA application. 2. Conformity with the Open Space Plan and Environmental Resource Protection The Open Space Plan shows major and locally important stream valleys and adjacent critical slopes as well as perennial streams on the property. When this property was originally zoned for C -1 with a proffered plan in 1992, an environmental assessment was done and a resource protection area was established. The approved rezoning shows the resource protection area around Morey Creek and its contiguous wetlands. The County comments from 1992 indicated that the RPA include "Morey Greek, non tidal wetlands contiguous to the creek, and a 100 -foot buffer drawn landward of these features ". Therefore, future proposals should also reflect this buffer around these resources, and the buffer is intended to remain undisturbed so that the indigenous vegetation can provide water quality protection. Response: The application is being reviewed as it relates to this buffer area. Your current proposal (Exhibit C4. of the July 2007 Fontaine Research Park Zoning map amendment) and the National Wetlands Inventory maps both continue to show wetlands adjacent to Morey Creek and extending eastward into the site. In addition to the stream buffer and wetlands, there is floodplain associated with Morey Creek, and it appears to be shown correctly on Exhibit C -5. Response: We concur. Exhibit D4 Preliminary Grading plan for the proposed zoning amendment shows significant grading activity in the area identified as nontidal wetlands. If the wetlands do exist, then the undisturbed stream buffer should extend 100' landward from the wetlands, and the entire buffer should remain undisturbed unless specifically authorizers by the County. Also, impacts to the 3 4 '� ,ter. ow-.20W 1111111 UNINTERS1TY- fVlRGINI FOUNDATION wetlands would need to be properly authorized by the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality. The proposed grading also appears very close to the floodplain. Any proposed fill would require a special use permit from the County. Response: A wetlands study will be completed. it is understood that development impacts to the Morey Creek corridor will need to be considered as development plans continue to be finalized for the subject property and the potential connector road corridor. Direct discussions are expected when the wetlands data is complete. In order to deal with these issues, you need to clarify existing conditions and environmental constraints, and show these conditions in direct relation to the proposed grading. A formal wetland delineation should be performed to ascertain the extent of that resource. The proposed plan should be revised to show grading in direct relationship to the wetlands and to the floodplain, to ensure that impacts are avoided. if impacts are proposed, you will need to justify these impacts as part of your proposal, and provide evidence of coordination with federal and state agencies to obtain required water quality permits. Response: Stormwater quality and BMP measures are a valued component of the proposed ZMA application layout plans. As noted above, a wetlands study is currently underway. It is understood that development impacts to the Morey Creek corridor will need to be considered as development plans continue to be finalized for the subject property and the connector road corridor. We strongly recommend that you avoid disturbance of the wetlands, the floodplains, and the critical slopes for which you proffered protection with the 7992 rezoning. Response: More detailed information for discussions will be available upon completion of the wetlands study and as the FontaineiSunset Avenue Connector Road impacts are incorporated into the preliminary grading plans. 3. Conformity with the Neighborhood Model The following section outlines staff's analysis of the Neighborhood Model. Neighborhood Model How the Principle Is Addressed in This Application Principle Pedestrian Orientation Sidewalks are shown interior to the development. In general, this principle is met, however, the scale of the plan does not tend itself to a detailed review of this element. Neighborhood Friendly The proposal does not include the very important public street Streets and Paths connection identified in the Area B study. This principle will need to be met. interconnected Streets The proposal does not include the very important public street and Transportation connection identified in the Area B study. This principle will need to Networks be met. Parks and Open Space Design of the development indicates good attention to parks, Open space issues were discussed earlier in this letter. Neighborhood Centers This area acts as an employment center for the surrounding neighborhood. This principle is met. Buildings and Spaces This principle is expected to be met. of Human Scale -4- AIIA, mw�'= �ll�ll� UNIVER.SITYof VIRGINIA FOUNDATION Relegated Parkia2 This prinei ele is met. Mixture of Uses This principle is met. Mixture of Housing No housing is proposed, nor is expected in this development. Types and Affordability Redevelopment This principle is met. Site Planning that This issue relates to the environmental features discussed above. Respects Terrain With the amount of grading shown, staff does not believe this I principle is met. Clear Boundaries with This principle is not applicable as the property does not abut the the Rural Areas rural areas. Response: Many principles noted above are either met or not applicable. The following addresses specific comments. Pedestrian Orientation: The illustrative plan, exhibit D -2 of the application, depicts strong linkages of the pedestrian corridors to the central green and usable open space areas. The layout is also arranged to minimize pedestrian crossings of vehicular travel ways en route to the central green area. Neighborhood Friendly Streets and Paths: Discussions with staff and the attached supplemental information depicts the schematic addition of the Fontaine /Sunset Avenue Connector Road Option to the ZMA application. Interconnected Streets and Transportation Networks: The applicant is committed to incorporating the alignment of the Fontaine- Sunset Avenue Connector Road as outlined in the Executive Summary. Site Planning that Respects Terrain: The proposed application has achieved better integration between structural elements and the terrain by incorporating lower levels in buildings in sloped areas. Through integrating the lower levels into the slope the overall impact of the increased FAR density and proposed building heights are minimized. 4. Impact on Infrastructure and Streets Regarding utilities, the Service Authority has requested that you provide projected sewer flows for each building. They will ask RWSA for capacity certification. ACSA notes that the water pressure isn't great, but there is sufficient flow in the system. Response: RSWA capacity certification will be coordinated. Staff reviewed the traffic analysis in your proposal. We note that the secondary entrance to the Research Park (Exhibit ❑2) appears to close off Route 782 (Stribling Avenue) with no proposed alternate route. This road provides access to at least one resident which must be maintained. I know that you recently told me that you plan to correct the plan so that Stribling Avenue can be extended. Response: Application modifications are being made to accommodate the proposed Fontaine /Sunset Avenue Connector Road. The current location of Stribling Avenue conflicts with this new alignment and will require careful coordination in order to maintain open travel ways during the various stages of construction. As preliminary grading plan --- 5 --- I Ls UNIVERSITY fVIRGINIA FOUNDATION modifications are generated, it is understood that continued use of Stribling Avenue is expected and we will comply. According to the three -party agreement, the Fontaine /Sunset Avenue Connector Road should be public. The County does not want to see actions done today to prevent this from happening in the future. I believe you told me that you plan for Stribling Avenue to be built through your property as a public street. If this is not the case, please make sure you address this issue. Response: In recent staff correspondence it has been noted that the Fontaine/Sunset Avenue Connector Road alignment will be added to the ZMA application. We have attached an illustrative plan depicting the addition of the Fontaine/Sunset Avenue Connector Road alignment as it passes through the ZMA application property. Additional traffic analysis and meetings are currently on -going with VDOT and staff. Regarding the study itself, staff would like to see the HCS work sheet for the future traffic operations. We would also like to see a TDM plan that will produce the 20% reduction assumed in the traffic evaluation memo. This amount of reduction is very ambitious. The current TDM plan for the Research Park should be updated. Please be aware that the County typically uses a 2% future growth rate in its projections and you should use this growth rate with any updated traffic analysis. We would also like to see a section in the traffic evaluation memo on recommendations for traffic impact mitigation. Response: Coordination with County, City and MOT on various off -site impacts to TIA parameters are on- going. Continued discussion and coordination is expected for meeting appropriate level of service results for ZMA and regional traffic improvements in this area. We note that the major internal queuing (on page 6 of 6 of the memo) may have an impact on the Fontaine /Sunset Avenue Connector. This impact will have to be evaluated in more detail. Response: It is understood that more application review and discussion will occur as more traffic data is compiled and analyzed. Finally, related to transportation, the City needs to be involved in the transportation analysis of this proposal, especially since they do not endorse a 4 -lane section of Fontaine Avenue into the City. We would like to meet with you, VDOT, and City representatives to discuss the traffic analysis in detail as well as provide information on what additional work is needed. Response: It is understood that several stakeholders will be involved in the long term regional traffic considerations that will impact the proposed application. City, County and State officials have been and will continue to be included in traffic analysis scoping and meeting detail. Regarding storm wafer, the stormwa ter management concept does not appear to be adequate to meet the ordinance requirements. It also appears some of the existing infrastructure is not reflected on plans. It is recommended that you plan to go above and beyond the Wafer Protection Ordinance requirements in order to ensure protection of the water resources_ More information on this item will be provided with review of your next submittal. Response: It is understood that an overall Stormwater management plan meeting county approval will be required for this development proposal. 6 AMIL �lilll� UNIVER.SITYo f VIRGINIA FOUNDATION Regarding grading, although you submitted a preliminary grading plan, this may change with a different design. Extra provisions for erosion control may be appropriate in some areas. More information on this item will be provided with review of your next submittal. Response: Staff, Planning Commission and VDOT comments are expected to result in some plan revisions in the next few weeks. As we incorporate these comments, such as the connector road alignment, grading plans will be appropriately revised and re- submitted for review and additional comment. We understand that final grading of improvements will be subject to Site Plan review by the County. 5. Proffers and other Zoning Issues The latest set of proffers on this property were provided with ZMA- 2006 -12. New proffers should be provided that update and replace proffers that will no longer be in effect. At this time, proffer changes needed include: -- Proffer #2 should reference the name of the plan that would be substantially adhered to. —Proffer #5 should show the corrected GSF, if approved. All other Proffers should remain. Response: New proffers reflecting the desired development proposal will be submitted for review in subsequent submittals. Zoning is still checking on whether expansion of the research park will require an amendment of the existing special permit for medical and pharmaceutical laboratories. It may also require a special permit for Research and development activities including experimental testing. Planning Staff is still checking with the Zoning Administrator on this item. Response: It is our understanding that this issue was resolved for this property in a series of applications in the year 2000. Please be advised that the additional buildings will require new site plans. The proposes' additional buildings will ultimately require parking spaces beyond what can be realized with surface parking, as the application indicates. While the parking will be determined at each site plan stage, once the building square footages reach the point of requiring parking garages the garages will require special use permits in this zoning. Therefore, given the purpose of this rezoning amendment, the special permit for the garages must be applied for and acted upon prior to the rezoning action. Response: It is understood that a special permit process will be needed for the garage land uses proposed with this application. if any critical slopes are to be disturbed for the development of buildings and streets, the Planning Commission must grant a critical slopes waiver. Response: It is understood that a Critical Slopes Waiver will be needed for the development of the land uses proposed with this application. We understand that this will be coordinated during the Site Plan submittal process. ti. Entrance Corridor Comments from Margaret Maliszewski, Design Planner r� UIVIVERSITYYVIRGIN A FOUNDATION Please note that these comments relate only to the submittal she received. Other staff has suggested changes to the design, especially as they relate to streets and preservation of environmental features. Therefore, the comments should not be looked at as an endorsement of the plan; rather, they should be looked at from the perspective of ARE review if nothing on the plan were to change. I have reviewed the application package dated July 2007 for the above referenced project and 1 have listed my comments below. Please note that this project falls within the Fontaine Avenue and the Route 291Bypass Entrance Corridors. 1. Issue: Layout and Building Form Comment #1: The proposed site layout is a continuation of the existing site layout and is considered appropriate for the Entrance Corridors. It is assumed that the proposed structures will continue the established architectural language of the research park. This will be an expectation of the ARB. The applicant should note that buildings E, F, G and P3 on the west side of the site and buildings A and P1 on the east side of the site will definitely require ARB review. Buildings B, C, ❑ and P2 may not require ARB review, depending on building height, project phasing, and other factors. Response: The applicant intends to maintain the high level of architectural standards currently found in the Fontaine Research Park. 2, Issue: Parking Structures Comment #1: Three parking structures are illustrated on the proposed plan. Structure P3 at the northwest corner of the site will have the greatest visibility from the Entrance Corridors. The applicant should be aware that the parking structures will require architectural forms, treatment and detailing to meet the ARB Guidelines and to achieve an appropriate appearance from the ECs. Response: It is understood that some parking structures may undergo ARB review. 3. Issue: Retaining Walls Comment #1: A long retaining wall is shown on the east side of the site. The wall will be visible from the Fontaine Avenue Entrance Corridor. The existing topography isn't clear enough to determine the height of the wall. Depending on the wall height, terracing of the wall with intermediate plantings may be required by the ARB to achieve an appropriate appearance. It is not clear whether terracing can be achieved in the space provided. Proposed grading and construction will require the removal of on -site wooded area at the eastern perimeter of the property. A `free fine to remain" is shown along the eastern perimeter on the Preliminary Grading Plan, but it is minimal and it is unlikely that any wooded area would remain on site given the proximity of existing Stribling Avenue. Also, the Illustrative Concept Plan Exhibit D2 shows no trees along the eastern side of the Secondary Park Entrance. Planting will be required along the new entrance road. Finally, given the proximity of the north end of the wall to the EC and its visual emphasis at the new entrance, this end of the wall will require an appropriate treatment, fully coordinated with EC landscaping. Recommendation: Include a note on the Preliminary Grading Plan stating that the proposed grading and retaining wall(s) will be redesigned at preliminary and final site plan review to meet the ARB Guidelines, and that terracing of the wall and planting will be provided as required by the ARB. —8— !l. �11111� UNIVERSITY6fVIRGrMA FOUNDATION Response: We are coordinating the site grading strategies with current plan revisions resulting from site impacts from the connector road alignment. It is expected in the preliminary grading stages that some retaining walls will be required with the implementation of this development plan. The applicant will commit to meeting appropriate EC landscaping treatments in order to meet the EC ordinance requirements. Final grading and wall requirements will be coordinated during the Site Planning phase. 4, Issue: Fontaine Avenue Frontage Comment #7: The new Stribling entrance to the research park will significantly change the appearance of the northwest corner of the site. This area will require significant planting to achieve an appropriate appearance for the EC and an appearance that is coordinated with the existing site. Such planting is not suggested in the proposed plans, but will be required by the ARB. Response: The applicant will commit to meeting appropriate EC landscaping treatments in order to meet the EC ordinance requirements, Fred, l have concerns about the use of a General Development Flan and an Illustrative Plan in a non - !Neighborhood Model District. More work needs to be done on the components of the plan which are truly being proffered. I anticipate that you will be making some design changes after the worksession and after scoping of the additional transportation analysis. We can talk about the items for which commitments need to be made after the worksession and scoping meeting. If you have any questions or would like any additional information, please contact me at (434) 296 -5832, X 3252 or at eechols @albemarle. org Thank you for your continued work on this project and we look forward to a beneficial Planning Commission worksession. Sincerely, Fred Missel Director of Design and development I(� sML rani UNIVER.SITYofVIRGINIA FOUNDATION Executive Summary Fontaine Research Park Zoning Map Amendment Introduction On July 30, 2007 the University of Virginia Foundation submitted its Zoning Map Amendment application for consideration by the Albemarle County Planning Commission and Board of Supervisors. The property is currently zoned Commercial Office (CO), contains approximately 53.5 acres and is commonly known as the Fontaine Research Park. This application intends to increase the current development density of 565,000 gross square feet by an additional 725,000 gross square feet of floor area. Approval of the ZMA will expand the existing research park development entitlements through the re- development of existing commercially zoned land, address site - specific transportation needs as dictated by this development, and increase research, clinical space and state -of -the art employment opportunities for the region, state and nation. The Fontaine Research Park property was initially zoned in 1992 Under ZMA 92 -03. Over time there have been several amendments to the original application which, in turn, have led to the success of the current development. This application seeks to formally transition the existing office park into an efficient high density patient - research - office campus. The proposed transition of the property would achieve the desired density increases while having minimal impact to the overall impervious area at final build -out. This application proposes to build on the success of the Fontaine Research Park by increasing the allowable buildable area from 565,000 square feet to 1,295,000 square feet. The additional 725,000 square feet of floor area is estimated to be comprised of 233,750 sf of general office. 243,750 sf of research and development and 247,500 sf of medical office uses, subject to market and University needs. In order to achieve the additional density in the Fontaine Research Park, it is anticipated that parking structures will be required. The current master plan illustrates that the necessary parking structures will be coordinated with existing terrain to reduce the impacts of grading and increase the functionality of the building uses. All new facilities would maintain the high architectural standards currently present within the existing research park. The primary central green will be preserved in order to provide pedestrian open space and reinforce the campus layout. The applicant will follow a phasing schedule that will link stages of park expansion to the construction of the secondary entrance to the Fontaine Research Park in the location of the Fontaine - Sunset Avenue Connector Road alignment. Stribling Avenue access will be maintained during the implementation of this phasing process. Roadway improvements will be dictated by traffic demands resulting from the expansion. Transit stations, as well as, bicycle and pedestrian facilities will be incorporated into the final development plans. It is recognized that the Stribling Road interim conditions resulting from phased roadway construction may require less than optimal, but acceptable, roadway engineering I J C, AM- �IIIII� UNTVERSITYof VIRGINXA F0,L) N I]ATI ON solutions. The final roadway conditions will primarily be guiding the engineering of the secondary park entrance and the future completion of the Stribling /Fontaine- Sunset connector roads, if applicable. Consequently, grading impacts to the Fontaine Research Park property will be carefully coordinated during the development program and roadway improvements to minimize environmentai corridor and steep slope impacts to the greatest extent possible. Fontaine - Sunset Avenue Connector Road The applicant is willing to extend the road indicated on the original zoning submission to the end of the University of Virginia Foundation's property. The purpose of this extension would be to connect to a subsequent road or bridge such as the Fontaine /Sunset Connector Road. This extension does not include the funding or building of a bridge or any part of a bridge or tunnel connecting the Research Park property to any neighboring property. Summary The proposed application presents a unique opportunity for the infill development of existing commercially zoned land to meet the growing local, state and national demands for state -of -the -art patient, research and office facilities. Furthermore, the proposed ZMA advances the County comprehensive plan goals of: • Promoting the Development Areas as the place where a variety of land uses, facilities, and services exist and are planned to support the County's future growth, with emphasis placed on infill development • Providing local citizenry an improved standard of living, improved job opportunities and competitive wages, and workforce development opportunities • Implementing Fontaine- Sunset Avenue corridor plan • Coordinating with University of Virginia on the development of its parcels • Pursuing "Green Building" and site design concepts • Providing of pedestrian, bike facilities, and transit service and/or transit ready site design 2 r June 10, 1992 (Regular Night Meeting) (Page 23) !N,ttilt,11131i3Ilt I? M.B. 41, Pg. 228 i. Marshall maid he was trying to relate this to things that are already done at the University. Re asked if these would mainly be used in the Hospital. Mr. Westby said 'not necessarily'. This might be for other companies not directly related to the University who are intereated in the types of research going on at the University, but not necessarily hospital- related. (Notes Mr. Martin returned at 9:10 p.m.) with no one from the public rising to speak, the public hearing was closed. Notion was immediately offered by Mr. Bain, seco"ed by Mrs. Humphria, to approve LTA- 92 -06, by adopting the following Ordinance to Amend and Reenact the Albemarle County Boning ordinance in sections 3 and 23.2.2. Roll was oalled and the motion carried by the following recorded vote: AYES: manors. Perkins, Bain, Bowerman, lira. Humphrls, Hr. Marshall and Mr. Martin. NAYS: None. AN ORDINANCE To AMEND AND REENACT THE ALBEMARLE COUNTY ZONING ORDINANCE IN SECTIONS 3 AND 23.2.2 BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that section 3, Definitiona, and Section 23, Cosmemrciml Office, are hereby amended and reenacted by the addi- tion of the following words= Section 3.0, DEFINITIONS, add the following definitions Lgt:2ratorv. HUdicals A building or part thereof devoted to bacteriological, biological, x -ray, pathological and similar analytical or diagnostic services to medical doctors or dentists including incidental pharmaceutics) and production, fitting and /or sale of optical or pros - thatic appliances. Lab_orgtory, Pharmaceuticals A building or part thereof devoted to the testing, analysis and/or compounding of drugs and chamicale for ethical medicine or surgery, not Involving sale directly to the public, Section 23.0, COMMERCIAL OFFICE, CO, add the following use: 23.2.2 BY SPECIAL USE PERMIT 13. Laboratories, medical or pharmaceutical. INcte[ The following two petitions were heard concurrently.) Agenda Item No. 11. BMA- 92 -03. University of Virginia Real Estate Foundation. Public Hearing on a request to rezone 53.52 ac from PD -SC & R -10 to CO. Property on S aide of Fontaine Ave E of & adjacent to Rt 29 Bypass. Site located in Neighborhood 6 is recommended for office service in the Comprehensive Plan_ TH76,P17B &1781. Samuel Millar Diet. (Advertised in the Daily Programs on May 26 and June 2, 1992.) Agenda item No. 12. SP- 92 -13. University of Virginia Real Estate Foundation. Public Hearing on a request to allow supporting commercial uses, research development activities 6 medical and pharmaceutical laboratories on 53.52 me to be rezoned under ZHA -42 -03 (sea description above) . [Advertised in the Daily Programs on May 26 and June 2, 1992.] Hr. CLlimberg presented the staff report which follows: ^PETITI011: The University Real Rotate Foundation petitions the Board of Supervisors to rerun■ 53.53 acres from Planned Develop- ment- Shopping Center (25 acres) and R-10, Residential (29 acres), to CO, Commercial office (Proffered). This rezoning in sought under Section 9.0, Guidelines for Establishment of Comprehensive Plan, in order to allow for unified development of the site and to ostablimh an Office Service Area as described by the Comprehensive Plan, together with special use permit petition for: supporting commercial uses (23.2.2.11)1 research and development activities (23.2.2.12 )1 and medical and pharmaceutical laboratories (23.2.2.13). SO PIAWi The proffered zoning Application Alan proposes a maximum groan floor area of 389,000 square feet houead In seven buildings. Five percent of the floor area (19,454 square fact) would be devoted to supporting oommercial uses. Private roads would be provided intbrnal to the development. June 10, 1992 (Regular Night Meeting) (Page 241 M.S. 41, Pg. 229 X summary of land uses follower Acreage Percentage Building Envelopes 2.93 5% Parking/Driveways/Roads 13.75 26t Landscapedlopen space 36.04 52) Site 53.52 acres 100% The buildings would be three to four stories reaultlnq in a floor area ratio (FAR) of 0.16 (i.e. - floor area is equivalent to 16 percent of the site while building coverage is about five percent of the site) . This relatively conservative development schedule in, in part, reflective of site constraints to development. University Research Park is consistent with the guidelines out forth in the Comprehensive Plan for office Service Areas. As the first petition subject to Section 9.0 of the zoning ordinance, the applicant has been most cooperative, the process has worked smoothly, and the result is a project proposal clearly superior to past development proposals for this sits. The applicant has substantially addressed comments by the City. The project would not adversely affect residential areas in the City. University Research Park substantially complies with detailed recommendations of the Jefferson Park Avenue/Fontaine Avenue Area 'B' Study. It also substantially complies with the following plans and individual site development plans will comply with the following regulations: Plans Albemarle County Comprehensive Plan JPA /Fanteine Avenue Area 'B" Study Albemarle county open Space Plan ;unadopted) Charlottesville/Albemaxle Bicycle Plan Albemarle Pedestrian Obstacle Study Maulations RC, Rntrance Corridor overlay District FE, Flood Bayard overlay District Hater Resources Protection Areas Ordinance wetlands require nt■ (U.S. Army Carps of Engineers) Site Development Plan/Zoning Ordinance Critical Slopes Urban Stormwatar Management Tree Canopy/Landsomping/Bufferinq 4.14, Performance Standards Private Roads In revision of the University Research Park plan, effort has been made to provide formal building organization and open spaces while ensuring a respect for the natural features and environmental sensitivity of the Hite. The Virginia Department of Forestry and UREF have been cooperative In planning Ear a single access to Fontaine Avenue. This access will serve all property to the south of Fontaine Avenue In the County. Staff requests maximum discretion in issuance of grading permits in order to accommodate forestry and initial research park occupant. UREF has proffered to upgrade and extend public utilities and serve the site as well as relocate and modernize the antiquated Rivanna water and Sewer Authority (RWSA) eighteen -inch raw water line which traverses the property, the cost at all Improvements to be borne by URSF. UREP, through proffer&, has proposed adequate measures to provide Public utilities to the site while upgrading the RWSA system at no cant to the public. On -site convenience services would be provid- ed to employees. VOOT and staff recommend that proffer !1 adequately addresses road improvamant neede an may be oeomminned by the proposed UREF/Fors- stry development. P- - e Provision of supporting conaorcial uses would not only he a convenience to employees, but would also reduce off -site traffic, consistent with traffic reduction efforts. 2_$,2.2.11. 9vonortina Cortlgg.E,�kg� Uaea� Staff recommends approval of this special use permit subject to the following conditions 1. In addition to limitation under Proffer 05, total floor area devoted to supporting commercial uses shall not exceed ten - rf v r� June 10, 1992 (Regular Hight Heating) (Page 25) M.B. 42, Pg. 234 (10) percent of total floor area at any time during phaaed development. v C tical are appropriate within an office service area and would not be objectionable to thin site. Staff reccemiands approval eubjeot to the following conditions; 1. Compliance with section 4.14 Performance Standards of the Zoning Ordinance. In order to provide accomplishment of the phasing plan as proposed an well a■ to allow variation" in the development schedule, staff should he granted authority over approval of all phase■ of devel- apment as well -as administrative approval of all site development plans and subdivision plate, if any. Staff recosrenda acceptance of the applicanr•m proffers together with the proffarad rezoning application plan. In the spirit of Section 5.5.6.9, the biractOr of Plannleq and Corsrvnity Da"lop- meat should be authorised discretion orer reasonable varimtfo,ne from the z+aaing Application Plan. This section of the report will discuss the appropriateness of this mite for CO, Coarwrcial office, zoning in relation to recomendatione of the Comprehensive Flan. An Dffice Service area as described in the r5amprsheneive plan would require a site area in excess of 20 acres to accommodate a building floor area Of 150,000 square rest or more. The mite should be situated adjacent to a major collector or arterial road and be provided with adequate Internal circulation. The purpose Of an Office Service Area is to provide major employment center with limited production activities and marketing of products. Primary uses include corporate /major Office parks, research/ development activities, and information systems an well as pro - fsseienal uaaa providing services to the County and the region in general. Secondary uses may include residential development, supporting commercial uaaa, and hotel /motsl/confersnce center. Rather than adding several hybrid districts to the zoning ordi- nance, staff developed measures intended to implement the various service area proposals or the Comprehensive Plan through existing conventional and planned districts. Section 9.0, Guidelinas for Comprehensive Plan Service Areas, provider strategies and regula- tory provisions for implementation of servlcr areas. Simulta- neously, with adoption of Section 9.0, various zoning districts were amended to incorporate uses envisioned in these service arena (all service areas are mixed use in nature with major distinction being the primary intended u"es). Section 9.3, Relation of Compreh "naive plan Service Areas to Zoning District Regulations, euggaets three zoning districts ae appropriate to establishment of an office Service area: 23.0. CD, commercial office 27.0, Li, Light Industry 29.0, PD -IP, Planned Development - Industrial Park In September, 1990, LWF submitted s rezoning petition for Planned Asvelapment- Industrial Park JED -1P1. In June, 1991, the zoning Ordinance was amended to provide for the various service areas of the Comprehensive Plan. The PD -Zp zoning was abandoned in favor Of a CO, ccerserclal Office, designation as being more in keeping with URR8P'O intent for the development. employing the guidelines mot forth in Section 9.0, ORE! has peti- tioned for commercial Office zoning accompanied by three special use permit requeate including support uses an envisioned by Section 9.4. The rezoning petition in accompanied by a set of proffers pursuant to Section 33.3 of the Zoning Ordinance. The Petition is also accompanied by a proffered Application Plan and other supporting plans which have been reviewed its accordance with the provisions and procedures set forth in Section S.C. planned DOvOIOpsaent- -Caner aIIy. (While this ie a proffered rasoning, the applicant has Submitted the petition for review we for a planned development. Staff analyaiS and recommendations will he as required for a planned development.) staff apin.ioa is that the proposed aniveraity Research Park is consl +tent with the quidelinem set forth in the Comprehensive Plan !or OrYlpe 8arvlce Rx-esa P g r H Prier sections Of this report p°rt have provided background an to the gment of comprehensive Plan recommendations for thin site and general area and pelecrion of zoning approach. Section 9.5.3 June 10, 1992 (Regular Night Meeting) M.B. �1 ( Page , 27 ) , g P 232 3. Jointly hgu to proviou The applicant proposes a,blkewiy along the full frontage of the property. Looat ion end desgn would be reviewed by community Develop- ment staff. 0 t a city and its yrZanmettinc- This property is subject to Architectural Review Hoard (AR H) review under the RC overlay district. one member of the ARE is familiar with the project, which ham also been reviewed by the ARE'■ Design Planner. City com- ments will be forwarded to the ARR for consideration, Prof- fer III states that 'strict architectural and landscape architectural guidelines and restrictions will be adopted which ■hall govern the design and construction of all build- Ingo and parcai specific site development.' ° severe we want to e its drainqget This site in subject to urban Rtarmwater managasment requirmcenta and on -site detention will be required, a make a Rpect ❑ _Atx*12MRff d v t a anrraa1"y9te r1i1h7"!tL ■Lrtllia� -aa are L?iSiY�dQSi -_� n "JMO rv. This intersection i■ signalized and if traffic flow problems are encountered, the phasing of rignals could be changed (see Fontaine Avenue improvements in this report). 7. Future RneA. -rho .rn■ af..a., .. A....- Due to the requested zoning -hang., on thir property (which would elgnificantly reduce traffic generation in volume) and the City's closure of Sunset Ave- nue, the need for any new roadway should be reaaressed by the County- The applicant previously provided an aaressment of the feasibility of the Pontaine/5unpet connector, which has been determined as unfeasible to build by PACC and the County Hoard of Suparvieors. Ho alternative connection &same to exist. However, it in proposed that emorgsncy access be retained over Routs 782 to residential areas south of the railroad if Route 782 is abandoned by the Hoard of 9uparvi- sore. while not mentioned in the City's comments, this project is adjacent to a small residential development in the City. Duo to intervening Route 782 and a stream, the closest dwelling is about 250 feet from a parking area and 400 feet from a building. VRBF proposes landscaping to further buffer this residential area. Proffer 110 statee that 'URBF will design and Install landscape buffer area as .,boon on the plan to screen the project from Fontaine Avenue and residential neighborhoods adjoining the Research Park.' Staff opinfsua ie that tbo applicant }sea auhetaatialiy addressed croseenta by the City, 12a project aou2d not advaraaly affect reeidaie Al arses to the City. The July, 1989 amended in October, 1989 to Comprahenaivs Plan was substantially incorporate recommendations of the Jefferson Park Avenue/Fontaine Avenue 'Area S' study as stipulated in the Three--Party Agreement among the University, city and County. This section of the staff report will address recommendations cf the comprehensive Plan an identified by the COmunity Development Division as applicable to this petition. 1. a m s 1 b e o Id and on t R y be 9 c e Proffer f3 stipulates that , URrF will construct at Ito expense sidewalk improvements along the Routh aide of tdntaine Avenue from the proposed entrance to the Research Park to the eastern most entrance of June 14, 1992 (Regular Hight Meeting) (page 28) M.H. 41, Pg. 233 it the property.- Off -roed walkways are proposed to add to a park -like atmnephere within the development. Proffer 03 atates that 'uRBp will encourage traffic reduction measures within the Research Park through the provision of CTS and UVA bus drag off points and on -site (supporting) commercial uses., 2• 6 A S ss e11ue. Side_ t e r above, the ■pplieant ham complied As stated in 01 under proffer 03. p with this recommendation 3. C t r c o o IS cYCle Plan ewi d q_; sanarat�i�vci• north. Proffer #2 stipulates that 'URSF will construct at its expense, full frontage k�ikeway improvements to be incorporated along the esetbound travel way of rontaine Avenue. The bikeway shall extend from the northbound off -ramp of the U. S. 29 Bypase to the eastern most corner Of the Research Park.' 4. i 11 a e 0 t i Under coop - erative agraemant, the City Fire Department would be the first company to respond to this site. The applicant ham stated an unwillingness to provide site area for a fire Company due to lack of available area. 5. S e d e Lam F t v LM d e v a d Historically, the Board of Supervisors haw dealt with public road abandonments and right -ef -way vaca- tions without input from the Planning Coawlesion- This mat=er will be presented to the Board of Supervisors. 6- t o c a t o P a d t r o d e d c n o ° The applicant has wade these design plans available to the PACC Tech Committee, City Planning and University Architect (also a member of the county ARB). negotiations as tO visual design aspects will be addr000ed during Oita development plan review. 8iaft OpIlUO'n le that ilniverslty 00ma'Arch Park substantlally (Dueller With deGttled r+noamesAdatlons of the JsffersOn Perk Avenue /fantalae Avemus Area 'a• study and Other CompraLaas3ve Alen documents. This project is subjact to several plane ".dl —ou. tory maasurea. Previnu■ sections have outlined a few of these documents. The University Research Park substantial- ly complise with the following plane and individual site develop- ment plane will comply with the following ragulations= plans_ Albemarle County Comprahensive Plan JPA /Fontaine avenue Area 'B' Study Clarions County Open Space Plan (unadopted) Chariot's Bicycle Plan Albemarle Pedestrian ObetAcle Study fteQ6LJJL!Jq,M_ 8C, Entrance corridor Overlay District PH, Flood hazard Overlay District water Resource■ Protection Areas Ordinance Wetlands requirements (U.S. Army Corps of 8nginesre) Site Development Plan /Zoning Ordinance Critical Slopes Urban Starmwater Management Tree Canopy /1,andscapiog /9uffaring 6_14 Performance Standards Private Roads a AIWA' In approaching physical redesign of the University Research park plan, a primary focus of McKee /Carson and other June 10, 1992 (Regular Hight Meeting) (Page 29) M.B. 41, pg. 234 consultants was to define the physical and environmental con - etrainta to development and to respect these constraints in the development proposal. Additional considerations were access/ Circulation considerations, desire to maximize Usage of existing site features to produce a formal building layout, and to capital- ise on mountain views. The plan significantly down &Calms devel- opment from the 890,000 square feat proposed in 1990 to the current proposal for 389,000 square feet of floor area. Am described In the applicant's textual narrative, the following Bite charactaristica were investigated (mapping also provided); $ite Charactorio fra; Soils and Geology Slops and Terrain - Surface Drainage and Wetlands - Vegetation Depth to bedrock is four to five fast. An area of unconanlidated spoil would be reworked. (staff recommends the spoil area not be subjected to 4.2 critical Slopes.) Soils on the site are very erceive. Proffer 012 etatee that 'Beet Management Practices will be implemented In All areas of earth - disturbing activity. No earth - disturbing activity shall be permitted within the limits of the flood plain.' Zn recision of the bnirerelry Remmorch Park Plan, effort has been il made to provide fnraa2 buding organlxation and open ap&aox rhfle eaaurUg a reapaat for the nattaral feataras and env ruum stej nenaitivity of the site. Initial development of this site will be construction of a major office building complex on the adjoining Virginia Department of Forestry site (thin is the same project originally proposed along Route 53 and subsequently on the U111crest tract between Routes 20 and 742). Several years ago, staff recommended that the Formstrp Department be provided access through the tREr site. Forestry is agreeable to this MCOmmandation and, therefore, construction of the access to the University Rmgaarch Park Alto may procade development within the Site itself. Also, an initial occupant for the research park may submit site plan prior to Board action on this rezoning request. Duo to the time demand on this user, staff will process the site plan as though requested zoning were in Plana. 'rho Virg'Tf- nepartawnt of PormstrF and UXXF have bean cooperative is planning tar a aaingle ACCeaa to Fontaine Aranne_ ?hi.a access stll asrva a.0 Property to the month of Fontaine Avaauo is the county. Staff requests mmxtom discretion is iaaeanOw of grading' Permit& in order to acc da" Porestry end Jmittal raaaarch Park ocrupant. PMIC WILIXIM111 An alghtaen -inch raw water line located in a thirty -foot. easement traverses the site parallel to and about 700 feet from Fontaine Avenue. This is an old cast iron line with Leaded joints end unknown bedding susceptible to leaks and fragile to development activity. UREr is negotlatLng with the RWSA to relocate /reconstruct this line. The line should be field located and surveyed and method of relocatica approved by RWSA prior to review of any final Tito plan or grading activity. Proffer I8 states that •URSF will relocate the existing eighteen -inch raw water line in a manner acceptable to and in accordance with the standards of the Rivanna Hater and Sewer Authority.' A twenty -inch finished water line is in proximity to the site. A new eight -inch eewor line is under construction adjacent to the site. Proffer 09 atetea that 'uPsr will design and construct at its own expen0a all improvements and upgrade■ of utilities which are occasioned by the development of the Research Park_' Consistent with County policy, URXP has proffered to upgrade and Aztand publlc utilities tC zeros the site as well ao relocate and traverses the antiquated to oightoag -inch raw water Line which by aR&F. traverses the prnlrerCy, the coat of all iffPmvaaents to be barne P 1C_FA,C,1T.1J 6¢L1jUjM. As stated previously in this report, URSr has proffered provision of sidewalk and bikeway consistent with recommendation of the Community Development Division, but is unwilling to provide a Bite for a volunteer fire company. A park- like atmorphero would be provided on thm site to provide employee open apace amenity. In addition, a maximum of 19,450 gquarm fret of building area would be devoted to employee oonvaniance uses such as, but not limited tom day care canter, post office, banks, drug store, newBatand, dry cleaning /laundry, health club, and restaurants. Each use would be reviewed for consistency with Co, Commercial office, subordinate user and uses envisioned under Section 9.4.3 Of the Zoning ordinance. ^'7 r-+ I 1 June lo, 1992 (Regular Hight heating) Page 30) M.B. M 41, Pg. 235 OA", through profferR, has proposed adequate weasurea to Provide public utilitfea to the sate while Upgrading the laws& ay+teg, et no cast to the public. on -alts convaalan*e Services wotLZd be provid- ed to eaploywa . 4_ww - ! M. Under existing PD -SC, Planned aevelapment- Shopping Canter, and R -10 Residential zoning, poten- tial traffic generation would be about 13,900 vehicle trips per day from the uREF site only. Under proposed Zoning for the URBF Site and traffic from the Forestry property, anticipated traffic would be about 4400 vehicle trips per day. While total traffic under proposed Zoning would be &pout one -third of traffic levels under existing zoning, differences in dynamios became the focus and peak -hour traffic became the concern. The URiF site i■ Situated in proicimity to the U. S_ Route 250/Mute 29 South Interchange and peak -hour capacity of the interchange an well ae level of service of Fontaine Avenue was investigated and projected (staff had informally observed that during the a.m. peak, the, northbound bypass off -rSmp Appeaxe to be approaching capacity) . The applicant's traffic consultant (Wilbur Smith 4 Associates) and VVOT ran separate capacity analysis studies of Fontaine Avenue and the U. S. Route 250 /Route 29 South interchange, which provided staff with the following condensed review content: 1. The Charlottesville /Albemarle Transportation study (CATS) shown a u4 (Urban 4 -lane) typical section for the proposed improvement. Fontaine Avenue is a Phase Iv (final pbaee) improvement. The CATS projected an ADT of 10,700 For the year 2000. The 1990 ADT was 12,900. 2. VnOT and Wilbur Smith agreed to an annual background traffic increase of 2.7 percent to apply to all studied areas. 3. UREF anticipates a 15 to 20 year build -out and, therefore, projection year is 2011_ 4. VI]OT agrees that the interchange would be in failure in year 2011 due to increase in background traffic but also States that the UR&F development would accelerate that condition. 5. VDOT stated that background traffic will make Fontaine Avenue operate at Level of Service (LOS) 'E' in 2011 and with addi- tion of site generated traffic, LOS will drop to 'F•, 6. Regarding interchange ramp failure, VnOT agreed with the staff assessment that the northbound off -ramp would fail Initially. 7. VDOT stated that 'eventually (by the year 2011 for the traf- fic analysis submitted) the ramps for the Route 29 inter- change will need to be signalized and upgraded due to the anticipated normal (background) traffic increases. This development would hasten (in about eight to ten years, de- pending on the amount of time for build -out) these needs. Staff approached these issues front the following perspective: 1. What improvements to the bypass interchange and Pontaine Avenue were necessary to avoid accelerated failure of these facilities due to introduction /conflicts of QR9F trAffi07 That in to say, what improvements could be directly attribut- able to the UREF development? 2. Are these improvements (proportionately) equivalent to or superior to existing proffered improvements? In other words, mould the proposed zoning compared to existing zoning equally Or better servo the public interest regarding transportation improvements? Following multiple meeting■ involving people from UREF, VAOT, the PACC Tech Committee, and /or staff concerning various road improve- /contributions on behalf of UREF, VDOS and staff recommaod P=ffer fl adequately addressee road Improvement moods as say be Occasioned by the proposed ORat/forsatrp developmeot. While staff has calculated UREF traffic to represent 16 to 19 percent of the improvement need, uREr construction Coate for improvements would represent 24 to 25 percent or the total costs to improve Fontaine Avenue to a O4 typical section in the city and county [i.e. - from Jefferson Park Avenue PFAa to the Route 250/Route 29 Bypaoe) au reccxmended by CATS. Lastly, the City staff has stated about the apA /Maury Avenue/ Fontaine Avenue Intersection, that 'The County ebould make a spacial effort to assure that this development does not adversely affect the above intersection and that appropriate remedial measures are provided if necessary., Wilbur Smith Aeaociatee 1� l June 10, 3492 (Regular Night Meeting) (Page 31) M.B. 41, Pg. 236 assigned 30 percent of site traffic to arrive from the City by Fontaine Avenue and 70 percent to arrive from the bypass. VDOT accepted this distribution. This would represent a daily increase of 1320 vehicles through thin intersection. Fontaine Avenue, at this interaection, provides three lanes eastbound (exclusive left, through, and right). Raury Avenue, approaching this interaection, provides three lanes southbound (right slip, through, left). JPA, approaching this intersection, provides three lanes (right slip, through, left), and, JPA westbound provides two lanes (right/ through, left). it would appear that any additional lanes would negatively affect existing development in the intersection c1mad- rants (staff is unaware of the extent of road right -of -way in thin interaection. URRF does not have the right of eminent domain). at-92- 3 9 : UREF has requeated three categories of use■ try special use permit, all of which are intend- ed to be provided under appropriate circumatancr, within areas shown for Office Service Area in the Compreheheiv* plan. As stated earlier in the report, the closest dwelling is about 600 feet from the closest proposed building in the development and, therefore, the proposed uses, regardless of location, should not be obtrusive to the arse (i.e. - the minimum setback for a heavy industrial use from an adjoining residential property is 100 feet). Speoiel use permit requests include the following: ribed by the�icantutoopossiblyinclude used suchdas: day care center, post office, branch bank, drug store, newsstand, d-ry claaning establishment, small health club and restau- rants. Uses permitted an supporting commercial uses would include uses permitted by right under the C -1 zone, as modified by Section 9.4.3 of the Zoning Ordinance. The applicant has proffered not to exceed the total floor area limit established by 9.4.2(b) of the Zoning ordinance �i.s. - 50 percent), Provialon of supporting crxom -rcial uou would not only be a convenience to anployees, but would also reduce off -site traffic, consistent with traf- fic reduction efforts. 23.2.2.11, suppartinV Cos8-_ie1 Mesa: Staff recemmsmds approval of this apecial use pexV11t eubjse -t to Lhe 2`0111w3ag cooditionr 1• Ia addition to listdtatida under Proffer $6, total floor area devoted to supporting commercael uses shall not exceed ton (10) percent at tat" ,floor area at any plant . time during phased 23,2.2.12 e d t 1 132111% 11, I.Inill AI: ud mpdlcAl And h are appropriate uses within Office Service Areas of the Comprehensive Plan, Am stated earlier, the closest dwelling to a proposed building is about 400 feet distant and these uses should therefore not be objectionable to the area (Ae a comparison, minimum building setback in the Heavy Industrial district from an adjoining residential area is 100 fast), An additional afaurance, theme 4929 Should b* subject to the County's performance standards for industrial uses. 13.2 -2.12, Research and development actfvltiea including testing, 23.1.2.13, Laboratories -,medical and phar cautalcal are appropri- ate rith#n an Office rarvi a ce area red mould sat be ohjeottanable anadthi.a sits- Staff reoommsada appxnval subject to the following 1. Compliance With Section 4.14, PaYformance Standards of the Ioniny ordinance. Three phasep Of development are proposed with the first phase being most extensive in terms of site preparation. As deacribad earlier in this report and in the URSP textual sub- mittal an well an plan maps, a substantial volume of unconsoli- dated fill needs to be removed and reworked (this is the only area Of significant intrusion into steep slope, which are in this came, man - made). Hams grading would also Occur during Phase 1 develop- ment, am would all Fontaine avenue improvements. Substantial deaign/ecanomic consideration has been devoted to the phasing nchadulm which would provide bmaic infrastructure together with Public road improvements in the initial phase, in order to provide aavnopli hmmnt of the phasing plan ar Proposed, an v 11 am to &120w rariatiaus 14 the development schedule, staff should be granted autnortty ov*r approval of all phases of development as well an admir=Latrative approval of all site devrlopampt plane (and avbdivlalon plate, If any). PR_QFlm S: Thirteen written proffers, as wall as the proffered zOning Application Plan, accompany this petition. Most of these Proffers have been discussed in the text of this report. Staff � �r r-" i 7r- - - - - - - June 10, 1992 (Regular Night Meeting) (Page 32) M.S. 4I, Pg. 237 recarreari's acadptance of ma applicant •S proffare to,,,nar ritit the Proffered reroaiay applicatioA Plan. IA the r:p4rlt of Section 8.5.6.3, the' Director of Planning and CaASUaity Devolopeone achoald bw 60nori.sed d1ouretion over reasonable y�iatio EonlAg App14caticn plan. na from she Mr. Cilimbarg said the Planning Cvlmission, at its meeting on May 26, 1992, unanimoualy recommended appro*sl of M"- 92 -p3, subject to Proffers i 13 as outlined in letter from Robert S. McEas addreessd to Ron Keeler, dated May 15, 1992 sun filet. 1992, risaiun�aimo4usaidrthe Planning Cammieaion, at its meeting on May 26, tollowLng conditions (They did not includalapracommendetionhincthecstaff •s report to limit under Proffer 06, total floor area devoted to supporting commercial uses ....J= 23. 2'2'11 Supporting coasnercial uses (reference 9,Q), 23.2.2.12 Raaaarch and dovalopmsnt activities including experimental tooting, and 23.2.2,13 Laboratories, medical and pharmacautical, subject to, Ccsapliance with Section 0.14, PARFFORKAHCB STANOARDS, of the Zoning Ordinance. Hr. Bain naked about Proffer 05, dedicate sufficient right-of-way to Inclludessall additional laning that dielongllits Proles yTfrontage, and if this Cilimbarg maid "Yea ". Because of the level of improvement on Fontaine, they will utilize that right -of -way along most of the frontage of the property. Mr. Bain naked about buildings but n being limited to four stories in height, ordinaanm ce data mentioning the actual height requirement. Mr. Cilimberg said this to accaom a maximum a! 65 feet. They will not used more than that height odwte this buildinga they anticipate building, Mr. Bain asked about fl, construction improvement■ contingent upon the City allowing the necessary transitions. He asked the status of this State meat. Hr. Cilimbarg maid he would allow the applicant question to speak to this _ Mr. gain raid the County is accepting a proffer which is a contin- gancy. What happens if the applicant does not get it Ffr. Cilimberg maid the contingency was to define how the proffer would be exercised. If, for news reason they cannot exercise the proffer under the contingency, that would come back to the Board. Mr. Tucker said Hr. Roosevelt has indicated that the Highway Dopartmant will accept the tapering back as the road enters the city. Mr. Tucker, Mr. as dridge and Mr. Handriz are working with the Highway Department to get some increase in funding for that section of the roadway in the City so all of Fontaine can be improved at the game time. Mr. Bain then asked if i13 concerning traffic reduction measures is as apecifie as the language will get, Hr_ Cilimbarg said it is as specific as it walkegfor pedaetriensaccee ating hike lanes in the site, as well as aide - the accommodation of bus circulationhon theisita� that it will he looking for Mr. Bain asked about parking requiramants. tor. Cilimberg said ataft has not address that 'ague specifically, The Board may feel that parking requirements should he authorized under a traffic reduction approach. The applicant has not asked for any reduction of marks[ he Parking area requiraotienta. To m gpiurses. they do need to de the parking necessary for Provide At thle time, the public hearing was opened, Hr. Aavid Weatby maid he had nothing to add to etaff.0 Mc -Kee, the architect, is also present tonight. report. lie. Kr. Bain asked for an answer to his question concerning access. Hr. fleatby Paid he had nothing to odd to ter. Tucker's otaterwsnt, It is beiaq worked on, and the City is ales anxious to get this done. Hr. St. John said the Plan goer with the zoning request and not with the over re use permit. The last staff rstvamsndation is to authorize discretion over reaeonabis variationg, He asked if one of the Proffers says the appli- cant will adhere t- the Application plan. Hr. C'li.mberg said staff has normally dead that- Racauss this uses Section 9.0 of the Zoning ordinance, staff basically made reference to an Application Plan. Fie does not think the applicant would have a problem with including that as a fourteenth proffer. Mr. St, Sohn ask 'lave if Staff would feel better if this were spelled out. Klee, the enforcement atetuta apeakm to the enforcemant of proffers, so ha would feel Latter if that were included, Mr. Cilimberg said that is a goad point. Hr. W09tby aa'd the applicant voluntarily agreee to a fourteenth proffer ae Just mentioned by Hr. St, john, Hr. St, John said the record is clear that " Z., June lo, 1992 {Regular Night Meeting) (Page 33) M.H. 41, Pg, 238 the proffer is that "The development will substantlally adhere to the Plan which was submitted with the zoning application, subject to this last para- graph of the staff's recommendation." Hs. Alicla Ryser, .TPA Neighborhood Association, said they have coma before City Council several times about traffic in the area. The only comment about this plan is the generation of increased traffic in the neighborhood. It is obvious that the University needs its research, but they do have neighborhoods all the way up to the University that will be acceasad by traffic going in and out of this reaaarcb park. She reconmended pushing the City to expand their part of Fontaine Avenue. Kr. Kevin Cox said he was preeent to support the entire project. He works at the University for a researcher who is on the cutting edge of unraveling the mysteries of diRA. He known that others there are developing soma amazing now products. These things will have a profound impact on the global environment and the local environment. He feela there ere a lot of businesses: and industries that will went to locate near this "hot bed" of rea *arch. There has boon a problem keeping people at the University because their spcusea could not find work in the area to pay them whet they were worth. He hopes this Board will work with UREP to get this project up and going, and also on the larger project At the Airport, so the University can continue to provide the contribution it provides to all of us. With no one else from the public rising to speak, the public hearing was closed. Mr. Bain said there was nothing in the report to indicate that the Highway Department is committing to doing anything about traffic, He asked the sequencing of this. Mr. Cilimberg said initially there was a lot of discussion as to where traffic imprvvamenta should be concentrated. It wan VDoT'■ position that when traffic warrants it they can deal with the ramps and eignalization. They felt the beat Use of funds from UREY would ba in the actual upgrade of tantaine Avenue. What has been proposed is a four -lane divided facility. In actuality, that is a greater contribution by D"r than what their traffic justifies, but there is a public benefit involved. That means that any additions to lanes, or ramps, or nignalitation, will be at the discretion of VDOT. Mr. Bain asked if 'VDOT has committed that any upgrading of those lanes would be under primary arterial funds, or is it coming out of the secondary allocation. Mr. cilimbarq said it would be from primary funds. They did not get into the specifics of funding sources since they will !le changing shortly with the new Fadaral monies available. Hr. Bain said he feels it will have to be addressed very soon. Kr. cilimberg then showed to the Board a drawing of Proposed road improvements and explained each. , Mr. Bain said there is no question but that there has been a thorough study and examination of the development of thin property. An enormous amount Of time has been spent planning the project as well, and most of it was proba- bly well - spent. Motion was then offered by Xr, gain to approve ZKA -9Z -03 with the thirteen proffers, all as outlined in a letter from Robert Mcrae dated Hay 15, 1992, and a fourteenth added tonight readings "Development shall eubntan- tially adhere to the Proffered Rezoning Application plan submitted with this Petition. In the spirit of Section 8.5.6.3, the Director of Planning and p Community Development is authorized discretion over reasonable variations from the Zoning Application Plan.' The motion was seconded by Kra. Aumphria. Roll way called and the motion carried by the following recorded votet AYES: Messrs. Perkins, Hain, Bowerman, Mrs. Humphria, Hr. Marshall and Mr. Martin. HAY9z none. (The conditions of approval are set out in full below :) 1. UREF will construct at !t■ expense Along its property front- age improvements to 'Fontaine Avenue as racom"nded in the City Urban Daelgn Plan and which are further descriAed in the JPA/Yantaine Avenue Neighborhood Study. Generally these improvements will consist of a four -lens, landscaped median divided roadway which shall be designed to VOOT Collector Road standards. Based on traffic studies prepared for the project, theme improvements Are considered more than adequate to accommodate the additional traffic occasioned by the development of the University Reaearch Park. Specifically, these improvements will consist of: (a) an additional full frontage aaethound lane extending from the existing northbound exit tamp of U.S. 29/250 Bypass to the eastern most corner of the property, (b) upgrade of the existing eastbound lane, (c) Praviaion of a 100 -foot taper plus loo -foot tight turn lane adjacent to the new eastbound lane, _7F Junk 10, 1992 Re g) {Pegs 34y � Solar Night Hentin I M. B, 4i, P9. 239 `d} median extendiinngg framothesproject entrance awestatoo the Bypass, (a) median improvements coneieting of curried landscape median to accorsaodaLe the necessary left turn movemante into the park from westbound Fontaine Avonus, {f} left turn lens into the project, and {9) two westbound through lanea from the eastern most prop- arty lino to the northbound on ramp of the By -pass. Specific design standards and epectficatiane for all turn lanes and construction nacpsaary for the widening of Fontaine Avenue shall be dstermined upon further discussion with County Staff and VD=. construction of these improvements is contingent upon acCeptanca by the City of Charlottesville allowLng necesarr]• in city transitions into and within the Ci limits- Construction of these improvements is also subject noto the successful acquisition of additional right -of -way the os eaoements limi necessary for construction with the city 2. imps improvements construct at its expanse full frontage bikeway OntAl o Ave■ to be incorporated behind the curb along F- antalne Avenue. The bikeway shall extend from the northbound off ramp of the U.S. 29 Bypass to the eastern moat the Research Park. earner of 3, UREF will construct at its expense aldewalk improvements along the south side of Fontaine Avsnue from the proposed entrance to the Research Park to the eastern most corner of the property. 4. All frontage improvements Outlined in items 1 -3 above will be undertaken in a manner which will allow further extension of the ultimate road section into the city, 5. UREF will dedicate sufficient right- of-way to accommodate ell roadway improvements along its property frontage. b. DRSF will limit total development on the site to 389,000 square feet of groan building area, Support commercial uses shall be limited in building area to 19,450 square feet. �- All buildings will be limited to four stories in height. 3• UREF will relocate the existing 18 -inch raw water line in a manner acceptable to and in accordance with the standards of the Rivanna Water and Sewer Authority, 4• UPZ? will design and construct at its improve- development all aiants and upgrades of utilities which development of the Research Park. are occasioned im by the 10, O will design an n t and install landscaps buffer area as shown the plan to ■crean the project from Fontaine Avenue And residential neighborhoods adjoining the Research Park 11. strict architecture, and landscape architectural guidelines and restrictions will be adopted which shall govern the design and construction of all buildings and parcel specific Site development, 12. Seat H4nagement Practices will be implemented in all areas of Qarth disturbing activity. No earth disturbing activity shall be permitted within the limits of the flood Plain. 13. 'I"p will encourage traffic reduction meaeures within the Research Park through the provision of CTS and i1VA bus drop off Points and on -mite support � sport commercial uses. 14. Rezoning ApPileation"Plant adhere thin Proffered rho spirit Of Section 8.5.6.3, p the Director ofplanning and Community Development is authorized discretion over reason - aule variations from the Zoning Application Plan. Notion was then offered by Mr. gain, seconded by Mrs. Humphries, to approve SP- 92 -13, with uses and condition as follows: 23.2.2.11 Supporting commercial uses (reference 9.0) (without the licit Of tea percent as shown in the staff's report}, 23.2.2.12 Research and development activities including sxperimontal testing, and -mot r~ 1 i r — F1- June 10, 1992 (Regular Night Meeting) (Page 351 M.S. 41, Pg. 240 1 23.2.2.13 Laboratories, medical and pharmaceutical, subject to: COmpliancs with Section 4.141 PtR O M"M STANDARDS, of the Zoning ordinance. in order to accomplish phasing of the plan as proposed, as well as to allow variations in the development schedule, staff was granted authority over approval Of 411 phases of development, ■s well as administrative nppraval of All site development Plans [and subdivisions plate), if any. Roll was called and the motion carried by the following recorded vote; AY$S: ![agars. Parkins, Hain, Bowerman, Mrs. Humphrie, Mr. Marshall and Mr. Martin. NAYS: None. (Note: At 9:44 p,m., the Board recessed, and reconvened at 9:50 p.m.) Agenda Item NO. 13. 8p- 92 -15. Scott W. Cemptreil (applicant), George A. tQntnllpn(] 6sacr y❑ ed C,l. P operty et andtofp6 onatheeN Of auto Rtsales just S of at 631 (Rio Rd). TM61,P149. Charlottesville Dist. ,This property lies in a growth area.) (Advertised in the Daily Progress on May 26 and June 2, 1992.) Mr. Cilimberg gave the staff's report as follows, tires re 4fTh4 This mite In location of the east. petroleum atorsgs tanks are adjacent to the south. A gas station is adjacent to the west. T1vo dwellings are located beyond this site on Route 650 on the oppoaits ride of the Rail- road. This site is substantially Lower than Rio Road. The area Proposed for storage of the automobiles is level and Open. c r The applicant proposes to operate a car Bales and rental operation in connection with the repair service provided in the existing structure. The area proposed for the storage of autos is shown in Attachment C (oa file). The proposed storage area is anticipated to be adequate to store 35 automo- biles. v : This area is reccsmendad for Neighborhood Service in Neighborhood 2. � ZoniQm m@I�a Staff refer■ the Board to Section 31.2.4.1 Of the ng Ordinance were the board of suparvisars reserved unto Itself the right to issue all special use permits, etc. Staff reviewed this request for consistency with Section 31.2.4.1 of the Ordinance and offers the following comments and observa- tions. This use will not be detrimental to adjacent properties nor will it change the character of the district due to the, commercial activity in the adjacent properties. The nearby residential development is separated from thin site by the South- ern Railway and staff will recommend conditions to minimize the impact of thin activity on those residential properties. (Those conditions include staff approval Of a lighting plan and prohibi- tion of loudspeakers.) Thin use will have minimal visual impact on Rio Road due to the lower elevation of this site and the existence of other carnaeroinl activity between this site and Rio Road. Route 550 le a low vnlums, dead -end road; the 1990 trip count indicated 30 vehicle trips per day. Staff notes that this type of use, auto gales and rental, does not generate more vehicle trips than other uses which are permitted by- right. The Depart - m9nt of Transportation has providad comment ragarding this; re- quest. Staff raccmmende a Condition to ensure that an adequate entrance is constructed to serve the site. : Due to the existing adjacent commercial development, the Position of this site at a lower grade than Rio Road and the separation of this site from adjacent residential development, staff opinion is that this use will have minimal impact. With appropriate cond"'onn' tins impact of this Bits acanf Opinion be mitigated. Thereforee staffnega racvmmende approval of this request subject to the following Conditions: d C WUL2 f A v r 1. Staff approval Of lighting plan and landscape plan; 1. NO loudspeakers, 3. There shall be no flags, pennants, banners, streamers or strings Of lights). 4• Area for storage and display of vehicles for sale or rent shell be limited to that area shown on Attachment e, ini- tialled 'WPF' 4/10/92r COUNTY OF ALBEMARLE Dept. of Planning & Community Develanmeni 401 McIntire Road Charlottesville, Virginia 221102 -4596 (804) 296.5823 April 22, 1993 University Real Estate foundation #2 Boars Head Lane Charlottesville, VA 22901 RE: SP -93 -05 University Real Estate Foundation Tax Map 76, Parcels 175 and 17B1 Dear Sir: The Albemarle County Board of Supervisors, at its meeting on April 14, 1993, approved the above -noted request to construct a telephone substation on 53.5 acres zoned Commercial Office with access from Rt. 782. Please note that this approval is subject to the following conditions. 1. Staff approval of site plan to include landscape plan; 2. Restroom facilities shall be connected to public utilities; 3. All equipment, maintenance gear, and the like to be stored within the building. No outside storage of any kind shall be permitted; 4. Structure shall be similar in design to the existing Centel Substation located in Forest Lakes, and shall be located approximately as shown on the attached sketch initialled WDF dated 3/2/93 (copy attached). Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Babette Thorpe at 296 -5975. University Real Estate Foundation Page 2 April 22, 1993 If you should have any questions or comments regarding the above - noted action, please do not hesitate to contact me. Sincerely, V. Wayne Cilimber Director of Plann Community Development VW C/ j cw Cc: Amelia Patterson Jo Higgins ..li I 'Illiir Id y,, ti ■ `�-. ' JP . �� rrr:,i�•. COUNTY OF ALBEMARLE Dflpl. o! f'lanriiyiy & Cnrnrnuruly l velssrxrreni 401 McIntire Read Chariollesville, Virgirna 22942 -4546 (804) 296 5823 August 15, 1995 Joseph W. Ulman Director of Administration University of Virginia Real Estate Foundation 109 Cresap Road Charlottesville, VA 229x6 RE: SP -95 -17 - University of Virginia Real Estate Foundation Tax Map 76, Parcels 17B and 17B1 Dear Mr. Ulman: The Albemarle County Board of Supervisors, at its meeting on August 9, 1995, unanimously approved the above -noted request for a 69 bed hospital on approximately 49 acres zoned GC. Piease note that this approval is subject to the following conditions. Use is limited to 60 beds-, 2 Use shall nol commence until stich time as appropriate stale and federal approvals have been obtained; 3. Site plan shall not be signed until fire official approval has been obtained; 4. Use shall he for inpatient medical rehabilitation and sha #1 not provide emergency services. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296 -5875. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, V. Wayne C' "mberg Director of fanning & Communi evelopment VWClblb cc. Ms Ella Carey Jo Higgins Amelia McCauley I'1G E fJ E RALIS HAR E \BAR BARA1tJ R EF.ACT fh._ rte. lee n �• ' } t4 -T, N1 i es [[T , ; ' .N .' !I m n >C/1 n Alj . 1 �RCli11h COUNTY OF A LBEMARLE Department of Community Development 401 McIntire Road, Room 227 Chnriettesvilic, Virginia 22902 -4596 Phanc (4341296 -5832 December 22. 2006 Todd Marshall UVA Foundation P.D. Brix 4110218 Charlottesville, VA 22904 -4218 Fox (434 ) 9724012 RE: ZMA- 2006.012 UVA Foundation - Advanced Research d Tech noludy RuiIdinn Annex (Signs #35.,36,40) Tax Map 76 Parcels 17B, 17B6 ❑ear Mr. Marshall: The Board of Supen,isors approved your rezoning application on December 13, 2006. Yous- rezoning on CO- Cotnmercial Office zoned property to a] low an add it ion at 30,000 square feet for a building square footage total of 565,000 was approved in accordance with the attached proffers dated November 30, 2006. Please refer to this document 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 the PROFFERS; • approval of and compliance with a SITE PLAN; and ■ approval of a ZONING COMPLIANCE CLEARANCE. lfYou have questions or coinrnents regarding the above -noted action, please do not hesitate to contact Sherri Proctor at 296 -5832, Sincerely. 0 of "t' tA_ V. Wayne Cil inberg Director of Planning V W Claer i ZMA 3006 -012 UVA Foundation — ART Building page? of? December 22, 2006 Cc: Amelia McCulley Tex Weaver Cheick Proctor Steve Allshouse Sherri Proctor Sarah Baldwin Bruce Woodzell (Real Estate) ��1 ZMA - 2006 -01 "_` PROFFERS FONTAINE USEARCH PARK Novernber 30. 2006 TAB: MAP PARCELS 76 -17B. ) 7Bf 1). 17B(2 ), 17B(3 ). 17131 S a. 17B(6), 1713(7). 17B(8). 17B(X ), and 17B (W ). 53.52 .Acres. Zoned Commercial Office (CO) Pursuant to Section 33.3 of the Albemarle County, Virginia Code (tile "'Code"')_ and consistent with the Water Protection Ordinance. or "Ordinance" (Chapter 17 of the code) the Owners (as defined below), or their duly authorized agents. hereby voluntarily proffer the conditions listed below which shall be applied to the above - referenced parcels. The proffers contained herein amend. restate and supersede all previous proffers pertaining to the above - referenced parcels. Any previous proffers applicable to such parcels have either: i) been fully satisfied, ii] are no longer applicable. or iii) have been incorporated in their entirety into these proffers. These conditions are proffered as part of the requested zoning (ZMA 2006 -012) and it is agreed that: I) the rezoning itself gives rise to the need for the conditions; 2) such conditions have a reasonable relation to the rezoning request: and 3 ) all such canditions are in conformity with the Albemarle County Comprehensive Plan. The Applicant of ZMA 2006 -012 is the University of Virginia Foundation (the "Applicant"). successor to the University of Virginia Real Estate Foundation. which is successor to UREF Research Parrs. Inc. The owners of parcels of land within the Fontaine Research Park include the University of Virginia Foundation. the University of Virginia Health Services Foundation. and the Rector and Visitors of the University of Virginia (collectively, the --Owners"). Proffer number 1 from ZMA 2000 -04 has been satisfied. Development shall substantially adhere to the Fontaine Research Park Master Plan. prepared by Draper Aden Associates, last revised August 18, 2000 ( "Master Plan ")_ submitted with the proffers for ZMA 2000 -04, which proffers were accepted as part of the Board of Supervisors approval of ZMA 2000 -04 on September 20, 2000. The Master Flan replaces in its entirety} all previous proffered plans. including the Zoning Application Plan, dated May 1992, and prepared by McKee /Carson. The locations of certain pedestrian ways. greenways and other features have been indicated on a copy of the Master Plan which is attached hereto as Exhibit A. Proffer number 3 from ZMA 2000 -04 has been satisfied and is shown in Red an Exhibit A. This path is constructed of asphalt from Fontaine Avenue to the point cf intersection with the existing concrete pathway in front of Building A. This path shall be maintained by the Owners under a common maintenance agreement, until such time as the common areas arc conveyed to The Fontaine Research Park Association for such other name as may be selected pursuant to the Declaration oi' Protective Covenants and Restrictions for Fontaine Research Park, dated January 30, 1993, and recorded at the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 1286, page 604) at which time the path will be maintained by the Association. 4. The University of Virginia Foundation shall construct a pedestrian system within the Research Park, in general conformance with the system shown on the Master Plan. Specific features for conformity shall include pedestrian connection from buildings to other buildings and parking areas. The pedestrian system shall be completed prior to the issuance of a Certificate of Occupancy for the Life Sciences Annex (LISA) referenced as the ART Annex in ZMA 2006 -012 and in the location shown in Orange on Exhibit A. Total development on the site shall not exceed 565,000 square feet of gross floor area. Support commercial uses shall not exceed 20,000 square feet of gross floor area No buildings shall exceed four stories in height. The University of Virginia Foundation or the Owners under a common maintenance agreement shall maintain the existing landscape buffer area in the location shown in Green on Exhibit A to screen the project from Fontaine Avenue and residential neighborhoods adjoining the Fontaine Research Park. Strict architectural and landscape architectural guidelines and restrictions shall continue to govern the design and construction of all buildings and parcel specific site development. Such architectural guidelines and restrictions shall be applied and enforced in accordance with the Declaration of Protective Covenants and Restrictions for the Fontaine Research Park, dated January 20, 1993, and recorded at the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 1286, page 604. Best Management Practices, as approved by the County Engineer, shall be implemented in all areas of earth disturbing activity. Storm water management shall be accomplished through a combination of new storm water management facilities and modification of existing storm water and/or erosion control facilities, as modified and as shown on the Master Plan_ All required storm water management and BMP structures are existing and complete as required by the Master Plan. The University of Virginia Foundation will not create any land disturbance in the area indicated as Resource Protection Area on the Master Plan, except for pedestrian pathways and the storm water management facility, (as shown on the Master Plan) without the approval of the Planning Commission. The Resource Protection Area is delineated as all the area within 100 feet of the boundaries of the 100 year flood plain elevations. Prior to issuance of a Certificate of Occupancy for the Life Sciences Annex (LISA) the University of Virginia Foundation shall dedicate a strip of land one hundred feet (100') in width aloe; the entire properry boundary adjacent to Morey Creek to the Southem Railway right -of -way and along the Southern Railway right -of -way (as it exists on September 20, 2000), from Morey Creek to the intersection of such right-of-way and a 110 Stribling Avenue (the "Greenway ")_ The Greenway Location is shown in Violet on Exhibit A. The Greenway will be conveyed in an easement in such form as the Board of Supervisors may require. and the University of Virginia Foundation shall be responsible for the cost of a survey and preparing the deed of easement. The University of Virginia Foundation will reserve in such casement the riaht of pedestrian and vehicular passage across the Greenway for access to adjoinin- properties. A pedestrian connection from Stribiino Avenue to the parkin- areas shall be constructed b�, the owner within 120 days of a request by the Zoning Administrator to do so. The location of the pedestrian connection shall he as shown on Exhibit A and identified as "Fuwre Pedestrian Pat hwav to Future Greenway ". 'Phis pathway shall be constructed to hiking trail standards as defined bN the Vir +-inia Greenway Standards in place at the time of execution of these proffers. 10. The Universit}, of Virginia Foundation has adopted_ and shall continue to implement. a Transportation Demand Management Plan (TDMP) for the Research Park. incorporating traffic reduction amenities (such as pedestrian access. as depicted on the Master Plan), facilitatinp employer traffic reduction measures and promoting educational programs. 11- On or before the issuance of certificate of occupancy for the building identified as the Future ART (Advanced Research and Technology) Building on the concept plan dated September 3. ?004, and initialed SET and labeled as Attachment B as part of the staff report for ZMA 2004 -010, the University of Virginia Foundation shall construct at its expense a bus shelter of a design and in a location to be reasonably determined by the University of Virginia Foundation upon consultation with University Transit Service. JAUNT. the University of Virginia Health Services Foundation. and the Albemarle County Transportation Planner. The shelter shall be of a standard size and designs based upon the projected usage and site constraints, shall include a bench with a back. and shall be maintained by the Owners tutder a common maintenance agreement. Submitted as of the ; 01h day of November 2006 by: UNIVERSITY OF VIRGINIA FOUNDATION By: 1 Tim R. Rose, Secretary Owner of tax map parcels: 76 -17B, 17B(1). 17B(3), 17B(5j. 1713(6). 17B (7), and 17B(X) UNI'VERSIT`Y OF VIRGINIA HEALTH SERVICES FOUNDATION By:_ Marc Dettmann, Chief Executive Officer Owner of tax map parcel: 76- 17Bf?} THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA By: . J Leonard )X. Sandrid4 =e. Executive Vice President and �l Chief Operating Officer Owner oftax reap parcels: 76- 17B(B) and 17B(W) COMMON-WEALTH OF VIRGINIA -' i' COUNTY Of 'IE to wit: The foregoing instrument was acknowledL, ed before me thisV —Lday of November 2[7 06 b) Tina R. Rose, Secretar -y of the University of Vir -inia Foundation. M} Commission expires; i6, 3� � 1 010 Notary Public C:0,,%4,MON WEALTH OF VIRGI..NiA COUNTY OF V6, I , to wit: The foreMnt( instrurent was acknowledged before me this JNay of Novembe; ?006 'bv Marc Dettmann, Chief Executive Officer of the University of Virginia Health Services Foundation. My Commission expires- Mn,, Notan Public COMMONWEALTH OF V IP GINIA CITY/COUNTY OF A_ I b�lj4 Pn-i?- ., to wit: The foregoing instrument was acknowledged before rye this3CNay of November 2006 by Leonard W. Sandridge. Executive Vice President and Chief Operating Officer of the Rector and Visitors of the University of Virginia. My COnMI551Dn expires: I v1. 13110(. ..- Notary Public 4 wx lua � w� o e a: o'o •u M -I a IA *LaµLU AAA %.&AL Xi Neighborhood Six Amended August 1, 2007 (CPA 05 -05 and CPA 05 -09) Location Neighborhood Six is bounded on the east by the City limits, on the south by Moores Creek and I- 64, on the west by the South Fork Rivanna River watershed boundary and on the north by Route 250 West. Existing Land Uses (amended 811107) Residential - Neighborhood Six contains an estimated 2,947 dwelling units and a population of 7,509 people. Fourteen percent (42 1 ) of the housing units in the Neighborhood are single - family attached; two percent (57) of the housing units is either townhouses, single family attached or duplexes; and fifteen percent (453) are multi- family. There are 2,016 group quarters type units, mostly consisting of University housing. Major developments include University Heights Apartments, Huntington Village, Ednam Forest, Ednam, Ednam Village, Bellair, and Buckingham Circle. Commercial and Office ice - The area along Route 250 West is largely institutional in nature with the Kluge's Children's Rehabilitation Center; Birdwood Golf Course; the University of Virginia Police Department; the University of Virginia Information Center; and a number of smaller offices operated by U.Va. are located within this Neighborhood. Other non - institutional office and commercial uses are also located along Route 250 West and large office uses are located in the JPAIFontaine Avenue Research Park. Larger retail and office uses along Route 250 West include Townside East Retail (30,377 square feet) and Ednam Professional Center (20,980 square feet). Large office buildings that exist in the JPAIFontaine Avenue Research Park include the Virginia Public Authority Building (60,000 square feet) and the University of Virginia Health Sciences Foundation Building (60,000 square feet), Other Land Uses- The University of Virginia Central Grounds, McCormick Observatory and Camp Holiday Trails are Iocated within the Neighborhood. Environmental Characteristics This area is within the Moores Creek drainage basin. A wide wooded area screens the Route 291250 Bypass from residential areas between Route 250 West and Interstate 64. Areas of steep slopes are immediately north and south of Interstate 64 and west of the Route 29/250 Bypass and Fontaine Avenue. 68 Od Transportation Route 250 West is heavily traveled and it is projected that traffic volumes along this roadway will double by 2015. The road is heavily used by commuters, students and visitors to the University. This road is also heavily used by bicyclists traveling into the University. Flooding occurs periodically on Route 250 West near its intersection with Old Ivy Road. Walkways are constructed on both sides of Route 250 West from Route 29 to Old Ivy Road. Fontaine Avenue is also heavily traveled. Walkways and a bicycle facility exist along Fontaine Avenue in front of the Fontaine Avenue Research Park. Also, the Route 250/29 bypass intersects the Neighborhood. Public Water and Sewer Public water and sewer are available in the Neighborhood, with the Morey Creek sewer interceptor and major water lines running along Fontaine Avenue and Route 250. Water is provided by both the South Rivanna and Observatory treatment plants. ACSA has identified small internal system upgrades that need to be completed in order to provide better service to the area. Public Facilities Park, police and library service are adequate to the area. Fire and rescue service does not meet service standards established in the Community Facilities Plan and needs to be improved. Recommendations Infill and expansion of the Fontaine Research Park may be permitted. The level of expansion permitted on -site should be limited to that which can be supported by the planned road network, and timed with the construction of the planned improvements to the road network which provide an adequate Level of Service to support development in this area. Adequate level of service (LOS) is considered D or better (or the LOS acceptable to VDOT) for network roads in the County and City, including Fontaine Avenue in the County and City, the Fontaine Avenue/U.S. 29 Bypass interchange, Sunset Avenue, Old Lynchburg Road and Fifth Street. Additional support commercial should be provided on -site in the future to serve the park and the immediate area. In addition, the following are also recommended for this site: - The proposed Sunset Avenue- Fontaine Avenue connector shall be accommodated on -site. Provision of the road will be an expectation for any rezoning request in this portion of the study area. - The provision of pedestrian, bike facilities, and transit service and/or transit ready site design will be an expectation with any new development of this site. - Provide additional access points to the Research Park on the Sunset Avenue - Fontaine Avenue connector road and Fontaine Avenue. 69 �j� - Minimize the visual impacts to the Entrance Corridor through maintenance of vegetated buffers, and careful site grading, and careful treatment of building locations, heights, massing and clustering on the site. "Green" building and site design concepts should be incorporated into the project development. Water quality impacts will be an important consideration for any future development of this site. Measures should be put in place to not only minimize stream impacts, but also to help improve the current condition of Moore's Creep and its tributaries." (amended 811107) Development plans along Route 250 West and Fontaine Avenue are to be sensitive to their status as Entrance Corridor roadways. 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." (amended 8!1147) A conservation easement exists on an area located on the western boundary of the Neighborhood, south of Bellair and Birdwood, north of Camp Holiday Trail and west of Buckingham Circle. This conservation easement prohibits development of this property (noted as See Text on Land Use Map). Consider the information and recommendations of the PACC Southern Urban Area B Neighborhood Study and the Lewis Mountain - University Heights "Area B" Study (each found under separate cover), (amended 811107) ■ Transportation Improvements include. Widen Route 250 West (Ivy Road) to four lanes from the City to the Route 291250 Bypass and implement the recommendations of the Ivy Road Design Study. That study recommends a design to make Ivy Road an attractive, welcoming place in which to easily walk, bike, shop, and drive. Recommendations include separated bicycle facilities, continuous walkways, raised planted median, landscape planting, relocation of utility wires, sign guidelines, benches, trash cans, shared parking and consolidation of entrances. (amended 811107) - Route 250 West, west of the Bypass west should be maintained in its existing alignment and width and not be widened. (amended 811!07) Construct the Fontaine /Sunset Avenue connector road and improve the existing alignment of Sunset Avenue from the new connector road to its intersection with Fifth Street. (amended 811147) Consider a possible extension of a multi -modal connection of Stadium Road to the Fontaine Avenue in the area of the Fontaine Research, Study various 70 �LP methods of providing a multi -modal connection, including the provision of various combinations of pedestrian, bicycle, transit, and/or vehicle access and the impacts of this connection on the neighborhood and road network, {amended 8/1107} - Provide a greenway corridor along Moore's Creek in the southern portion of Neighborhood Six. This greenway should connect to the Fontaine Avenue Research Park. - 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 Axea B Study. (amended 81]!07) W Evaluate the need for transit service to the Neighborhood as the area continues to develop. 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. (amended 811107) ■ Utility improvements include: In Bellair and Buckingham Circle, replace the existing water line and replace it with a 6" to 10" line to improve system hydraulics. - In Ednarn Forest, loop the existing 6" water line to improve system hydraulics. - Provide public sewer service to Buckingham Circle, Bellair and Ednam Forest if public health becomes an issue. • Locate a new fire and rescue station in this area to service Neighborhood Six and Seven, the University and Ivy as response times require. The station should be funded and operated jointly by the City, County and University. The station should be staffed by volunteers to the greatest extent feasible. ■ Coordinate with the University on the development of its parcels. • Maintain or establish a buffer along Interstate 64 and the Route 250 Bypass to protect the visual quality and character of the area as seen from the roadway. 71 I W Aw. Ap M WE 014 ,W w7two 1 COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 2007 -013 Fontaine Staff: Claudette Grant Research Park, SP2007 -055 Parking Structure, SP2009 -010 Research & Development, SP2009 -011 Laboratories, Medical or Pharmaceutical, SP2009 -013 Hospitals, SP2009 -014 Supporting Commercial Uses Planning Commission Public Hearing: Board of Supervisors Public Hearing: To July 27, 2010 Be Determined Owner(s):University of Virginia Foundation, Applicant: Fred Missel representing the University of Virginia Health Services University of Virginia Foundation Foundation, The Rector and Visitors of the University of Virginia Acreage: 53.52 acres Rezone from: Commercial Office (CO) to Planned Development Mixed Commercial (PD -MC) TMP: Tax Map Parcel(s) 07600- 00 -00- By -right use: Offices, supporting 017130, 07600- 00- 00- 017BW, 07600- 00 -00- commercial and service uses; and 017BX, 07600- 00 -00- 017131, 07600- 00 -00- residential use by special use permit (15 017132, 07600- 00 -00- 017133, 07600- 00 -00- units/ acre). Maximum approved square 017134, 07600- 00 -00- 017135, 07600- 00 -00- feet of development is 565,000. 017136, 07600- 00 -00- 017137, 07600- 00 -00- 01766, 07600- 00- 00- 017BA, 07600- 00 -00- 01768 Location: Adjacent to the intersection of Ray C. Hunt Drive and Fontaine Avenue. (See Attachments A and B) Magisterial District: Samuel Miller Proffers: Yes Proposal: Rezone approximately 54 acres Requested # of Dwelling Units: None from Commercial Office (CO) zoning district to Planned Development Mixed Commercial (PD -MC) to allow for an increase from 565,000 square feet to 875,000 square feet of office, laboratories, medical or pharmaceutical, research & development activities, hospitals, and supporting commercial space permitted in the research park. Three parking garages are proposed. No residential units are proposed. DA (Development Area): Neighborhood Six Comp. Plan Designation: Plan - Office Service Character of Property: The property is Use of Surrounding Properties: The Fontaine Research Park PC Public Hearing 7/27/10 developed with existing buildings and related parking. surrounding properties primarily include residential and office uses along with some vacant parcels of land. The 29 Bypass highway is located to the northwest of the research park and the Norfolk Southern railroad tracks are located to the southeast of the subject site. Factors Favorable: Factors Unfavorable: 1. The rezoning and special use 1. Feasibility of the Sunset - Fontaine permits are consistent with the Land Connector needs to be determined Use Plan. and location resolved. 2. The rezoning and special use 2. The proffers need to be technically permits will provide the research accurate. park an opportunity to expand which 3. Minimal square footage of supporting will provide health services and jobs commercial uses is proffered. for the community. RECOMMENDATION: Staff cannot recommend approval of this rezoning until the following issues are addressed: 1. Reservation of area for a potential Sunset - Fontaine Connector through the Park is made so as to not preclude a future viable alternative. 2. Commitment is provided by the applicant for the study by the Thomas Jefferson Planning District Commission on the Sunset - Fontaine Connector. 3. Acceptance of an adequate ceiling for supporting commercial use. 4. The proffers (See Attachment G) are revised to be technically and legally acceptable. Staff recommends approval for modification of Section 21.4 of the Zoning Ordinance regarding height regulations with conditions. Staff also recommends approval for SP2007 -055 Parking Structure, SP2009 -010 Research & Development, SP2009 -011 Laboratories, Medical or Pharmaceutical, SP2009 -013 Hospitals with conditions, and SP2009 -014 Supporting Commercial Uses once the rezoning is approved. Fontaine Research Park PC Public Hearing 7/27/10 STAFF PERSON: Claudette Grant PLANNING COMMISSION: July 27, 2010 BOARD OF SUPERVISORS: To Be Determined ZMA 2007 -013 Fontaine Research Park With modification of Section 21.4 of Zoning Ordinance SP2007 -055 Parking Structure SP2009 -010 Research & Development SP2009 -011 Laboratories, Medical or Pharmaceutical SP2009 -013 Hospitals SP2009 -014 Supporting Commercial Uses PETITIONS PROJECT: ZMA 2007 -013 Fontaine Research Park Expansion PROPOSAL: Rezone approximately 54 acres from CO Commercial Office - offices, supporting commercial and service uses; and residential use by special use permit (15 units/ acre) to PD -MC Planned Development Mixed Commercial - large -scale commercial uses; and residential by special use permit (15 units/ acre) to allow for an increase from 565,000 square feet to 875,000 square feet of office, laboratories, medical or pharmaceutical, research & development activities, hospitals, and supporting commercial space permitted in the research park. Three parking garages are proposed. No residential units are proposed. The following Special Use Permits are in conjunction with this rezoning: SP200700055, SP200900010, SP200900011, SP200900013, and SP200900014 PROFFERS: Yes EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Office Service - office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01 -34 units /acre). ENTRANCE CORRIDOR: Yes LOCATION: Adjacent to the intersection of Ray C. Hunt Drive and Fontaine Avenue in Neighborhood Six. TAX MAP /PARCEL: TM 76, Parcels 1713, 1713W, 17BX, 17131,1762, 1763, 1764, 17135, 17136, 17137, 171313, 1713A, and 17138 MAGISTERIAL DISTRICT: Samuel Miller PROJECT: SP2007 -0055 PROPOSED: Parking Structures in Planned Development - Mixed Commercial Zoning District. This SP is in conjunction with ZMA2007- 00013. SECTION: 23.2.2.4 Parking Structures MAGISTERIAL DISTRICT: Samuel Miller PROJECT: SP2009 -00010 PROPOSED: Research and development activities in Planned Development - Mixed Commercial Zoning District. This SP is in conjunction with ZMA2007- 00013. SECTION: 23.2.2.12 Research and development activities PROJECT: SP2009 -00011 PROPOSED: Laboratories, medical or pharmaceutical in Planned Development - Mixed Commercial Zoning District. This SP is in conjunction with ZMA2007- 00013. Fontaine Research Park PC Public Hearing 7/27/10 SECTION: 23.2.2.13 Laboratories, medical or pharmaceutical COMPREHENSIVE PLAN PROJECT: SP2009 -00013 PROPOSED: Hospitals in Planned Development - Mixed Commercial Zoning District. This SP is in conjunction with ZMA200700013. SECTION: 23.2.2.1 Hospitals PROJECT: SP2009 -00014 PROPOSED: Supporting commercial uses in Planned Development - Mixed Commercial Zoning District. This SP is in conjunction with ZMA200700013. SECTION: 23.2.2.11 Supporting commercial uses CHARACTER OF THE AREA Fontaine Research Park has eight existing buildings (See Exhibit C1 of Attachment C) in which medical services or health - related research are provided. Off site from the research park boundaries, but accessed via Ray C. Hunt Drive which turns into Natural Resources Drive, are the Virginia Department of Forestry Building and associated warehouse. Nearby residential neighborhoods located in the County are Buckingham Circle and University of Virginia student housing. The research park is adjacent to the City of Charlottesville boundary and the Fry's Spring and Jefferson Park Avenue neighborhoods located in the City. SPECIFICS OF THE PROPOSAL The applicant is requesting a zoning amendment for additional developable square footage in the existing Fontaine Research Park in order to continue providing health related services and research and office space within the research park. The applicant originally requested to rezone approximately 54 acres from CO Commercial Office to CO Commercial Office, to allow an increase in square footage from 565,000 square feet to 1,290,000 square feet of office and supporting commercial space. The original intent was to create a campus like setting with collaboration between buildings and disciplines. During a Planning Commission work session, which is detailed later in this report, several pertinent issues were discussed and additional information requested of the applicant. One major request was for a traffic study, since this area of the County involved a large amount of traffic commuting into the University. The traffic study revealed several issues that needed to be addressed which are discussed in more detail further within this report. One of the most revealing issues of the traffic study was that the maximum additional square footage the applicant could pursue before very intensive traffic mitigation would need to occur is 310,000 square feet. As a result the applicant lowered the amount of additional square feet requested for development within the research park to 310,000 square feet instead of the originally requested 725,000 square feet. Generally, the applicant is proposing several transportation improvements to the Fontaine Ave. and Route 29 ramp corridor in order to mitigate traffic impacts revealed in the traffic study. Along with additional development space, surface parking will be connected into structured parking and /or shared parking arrangements and transit service options will be implemented to meet parking needs. 4 Fontaine Research Park PC Public Hearing 7/27/10 APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant sees a demand for the services they provide and as a result have decided to expand state -of- the -art patient, research and office uses within the Park to best serve the community. PLANNING AND ZONING HISTORY The subject property has been rezoned several times over the last 28 years. In 1979 (ZMA 79 -43), the property was rezoned from A -1 to R -3 (10 units /ac) for the South 29 Land Trust. In 1985 (ZMA 85 -01), the property was rezoned from to Planned Development Shopping Center (PD -SC) for an inn and shopping center. In 1990, (ZMA 1990 -21) the existing owner requested a rezoning of 87 acres (31 more acres than currently under review) from PD -SC to (PD -IP), which was ultimately withdrawn. The property was rezoned from PD -SC to (CO) with proffers and a proffered plan for development to create the Fontaine Research Park in June of 1992 (ZMA 92 -03). Amendments to the zoning for the research park have occurred three times since the initial rezoning. ZMA 00 -04 increased the square footage from 391,000 square feet to 495,000 square feet and modified the proffered plan. ZMA 04 -10 increased the square footage by 40,000 square feet to 535,000 square feet. ZMA 06 -12 added 30,000 additional square feet to the park for a total of 565,000 square feet. Multiple site plans and subdivision plats have been approved since 1992. Several special use permits have also been approved. SP 92 -13 authorized supporting commercial uses, research & development activities including experimental testing, and medical and pharmaceutical laboratories. Proffers rather than conditions provided limitations on the amount of supporting commercial use. The applicant originally wanted approval for up to 10% of the proposed square footage in 1992 to be available for supporting commercial use. The Planning Commission recommended only 5 %, which ended up being a proffer for no more than 19,450 square feet of supporting commercial use. Although the square footage of the park increased, the maximum square footage of supporting commercial has not increased and is approximately 3.5% of the maximum square footage of the park. Two other special uses were approved over the years. SP 93 -05 authorized a telephone substation and SP 95 -17 allowed a hospital with up to 60 beds. PLANNING COMMISSION BACKGROUND AND CHANGES TO PLAN On November 27, 2007 a work session was held to familiarize the Commission with the proposal to expand the existing research park and to discuss issues such as transportation, supporting commercial uses, and environmental features. (See Attachments D and E) The Commission suggested a wetlands study be completed in order to address some of the environmental feature concerns. The Commission asked the applicant to propose a level of supporting commercial use that would be suitable for the research park. The completion of a traffic analysis was also requested. As a result of the November Planning Commission Work Session, the applicant resubmitted a traffic analysis, wetlands study and a request to change the zoning request 5 Fontaine Research Park PC Public Hearing 7/27/10 from CO Commercial Office to PD -MC Planned Development Mixed Commercial. The reason for the switch to the PD -MC zoning district was to provide a level of flexibility regarding building heights and setbacks for proposed buildings beyond what the CO zoning district allows. In response to the issue concerning a proposed level of supporting commercial use, the applicant has proposed a proffer limiting the amount of supporting commercial uses to 20,000 square feet which is approximately the same as is currently proffered. After significant review and discussion of the traffic impact analysis, it was agreed that the proposed additional square footage for the research park would be 310,000 square feet instead of 725,000 square feet, increasing the build -out of the development to 875,000 square feet to mitigate some of the traffic impacts. The revised proposal now depicts three (3) building envelopes where expansion is proposed to occur and three (3) parking envelopes where surface or structured parking expansion could also occur. The applicant has also revised the plan to preserve the natural resources discussed during the Planning Commission's work session. COMPREHENSIVE PLAN The Land Use Plan shows this area as Office Service. The purpose and intent of the Office Service designation is to allow for office parks and mixed -use planned development emphasizing office uses, residential uses and regional -scale research and office uses providing information and professional services to the County and the larger region. The proposal was analyzed in relation to the relevant portions of the Land Use Plan in the Work Session staff report (See page 4 of Attachment D): The proposed expansion of square footage is now 310,000 square feet instead of 725,000 square feet to help mitigate traffic impacts. Furthermore, the transportation study determined that using Stribling Ave. as a second entrance to the Park and /or as a separate connector road would be a problem because this entrance will require a signal and there is not sufficient spacing for two signals on Fontaine Avenue. The Comprehensive Plan recommendation states that the proposed Sunset - Fontaine connector shall be accommodated on -site. Provision of the road will be an expectation for any rezoning request in this portion of the study area. The applicant believes Stribling Ave. could be used as the connector road. However, there has been no information provided by the applicant that verifies the feasibility of this alignment and there is at least one other location within the research park that may be a better option. Off- site traffic mitigation includes adding improvements to the ramps of the Route 250 Bypass, lanes under the bridge and a signal at the southbound interchange ramp. In reference to the additional support commercial uses of 20,000 square feet, when the original special use permit was approved for supporting commercial uses on this property, the concurrent rezoning proffer limited the square feet of supporting commercial use to no more than 19,450 square feet, which at that time ended up being approximately 5% of the proposed square footage. The square footage of the park has continued to increase; however, the percentage of the maximum square footage of supporting commercial has not increased and in fact has decreased. At the current build -out of approximately 565,000 square feet, the percentage of 6 Fontaine Research Park PC Public Hearing 7/27/10 allowed supporting commercial uses is approximately 3.5% of the maximum square footage of the park. Staff has requested that the applicant address this unresolved issue. The applicant has explained that the research park currently includes a cafeteria -style restaurant that is approximately 2,500 square feet in the Rehabilitation Hospital building that is open to all park employees, patients, and the public. They further explain that they are working to expand the level of support commercial services on a schedule that the park's demand warrants, and that balances the goal of providing such services with the desire to not bring the general public into the Park which would generate additional traffic. With a proposed build - out of 875,000 square feet, 20,000 square feet of supporting commercial uses is equivalent to approximately 2.2 %. The applicant has provided a minimal response to this issue. It is possible that providing an increase in the amount of square feet of supporting commercial uses and generating some commercial uses that people using the research park could walk to could eliminate some of the additional traffic generated. Although staff is not recommending a minimum commercial square footage, the ceiling should be higher than 20,000 square feet in the event future supporting commercial uses are deemed appropriate by the Foundation. Impacts to the environmental features on the site have been mitigated. The southwest portion of the site has many important natural features that where originally going to be impacted with the additional development of the site. The applicant has since made revisions to the plans that shows a smaller building envelope in this portion of the site. This would relieve any massive impacts to the natural resources located in this portion of the property. Analysis of the County's Open Space Plan was included in the Work Session staff report. (See page 8 of Attachment D) As previously noted in this staff report, a wetlands study was completed, and as shown on Exhibit D3- Preliminary Grading Plan (See Attachment C) the applicant has revised the building envelope in order to minimize impacts to the important environmental features which need to be protected. The Neighborhood Model: A full Neighborhood Model Analysis was completed with ZMA2004 -010. The physical aspects of this project are going to remain very similar to the original project. Therefore the original Neighborhood Model Analysis still applies to this project. (See Attachment F)This research park was originally built prior to the County's current policy on the Neighborhood Model and reflects a more suburban character in terms of design and layout. Although this project does not strongly reflect the Neighborhood Model principles, the applicant has made some effort to address pedestrian systems in and out of the research park by providing proffers 4, 10, and 13. (See Attachment G) The applicant proposes building heights that could reach 90 feet and have requested a modification of the building height and setback requirements in the Zoning Ordinance. As detailed later in the report, staff has provided suggestions regarding this modification request that will help provide buildings and spaces of human scale. 7 Fontaine Research Park PC Public Hearing 7/27/10 STAFF COMMENT Relationship between the application and the purpose and intent of the requested zoning district: PD -MC Planned Development Mixed Commercial districts allow for the development of large -scale commercial areas with a broad range of commercial uses under a unified planned approach. The PD -MC district is intended to be established on major highways in the urban area and communities in the Comprehensive Plan. The applicant is requesting an amendment to the existing proffers and plan to allow additional office use in the PD -MC district. Although the commercial aspect of this district is minimal, the district does allow for offices and is the only suitable "planned" district for the use (A "planned district" provides design flexibility which is desired by the applicant). The proposal meets the intent of the PD -MC Zoning District. Public need and justification for the change: The University sees a demand and need for additional state of the art research and office uses. Since this type of activity already exists within the research park, and its close proximity to the University Medical Center, expanding this existing location will best serve the public and University community. Impact on Environmental, Cultural, and Historic Resources: As noted earlier in this report, there was a concern with this rezoning request when first submitted relating to impacts on the natural resources as a result of the proposed development. The applicant has revised the current application plan and is avoiding development in areas with environmental resources. If the Sunset - Fontaine Connector were to be developed in the area of Stribling Ave., there would be impacts on the environmental resources that need to be protected. However, as noted earlier, this location for a Sunset - Fontaine Connector is considered problematic and, if not located here, staff believes impacts on the environment are otherwise minimal. No impact is expected on cultural or historic resources. Anticipated impact on public facilities and services: Streets: The largest impact expected from the expansion of the research park is to traffic. As noted previously, the applicant originally requested an expansion of 725,000 square feet, but was subsequently reduced to 310,000 square feet to address traffic impacts that could otherwise not be mitigated through proposed improvements. Specifically, the applicant has proffered the following (See Attachment G for proffers and figures showing improvements): 1) The total square footage of development allowed in the research park to be 875,000, which is the existing 565,000 square feet plus the proposed 310,000 square feet. 2) Once the project exceeds the current 565,000 square foot limitation, the applicant will install a traffic signal at the Fontaine Avenue /U.S. Route 29 Bypass Southbound Ramps intersection (west side of interchange), and install through and left turn lanes on Fontaine Ave. at the intersection and construct additional southbound lanes from Fontaine Ave. onto 8 Fontaine Research Park PC Public Hearing 7/27/10 U.S. 29 South. Also, at this point an extension of the outside through lane heading west on Fontaine Ave. from the City boundary to Ray C. Hunt Dr. and an extension of the right turn lane on Ray C. Hunt Drive heading north to Fontaine Ave. will be provided. At present, staff is supportive of these proffers and believes they will help mitigate many of the concerns addressed from the traffic study. The Comprehensive Plan recommends that the proposed Sunset - Fontaine connector be accommodated on -site and that provision of this road will be an expectation for any rezoning request in this portion of the study area. The proposed Sunset - Fontaine connector is shown on the application plan in an area east on the site that comes off of Fontaine Ave. and runs along the existing Stribling Ave. alignment, noted on the plan as "area reserved for future secondary entrance /future connector road alignment ". As noted earlier, information has not been provided that verifies this location is feasible. Outside of showing this area on the application plan, the applicant has made no commitment elsewhere to address this comprehensive plan recommendation. Staff believes an alternative location would be to utilize parts of Natural Resources Drive which accesses the Department of Forestry building. This would necessitate relocation of a part of this road which the applicant has indicated they are not supportive of because this would generate too much traffic through the park. The proposed application plan also shows building and parking envelopes located in areas where natural Resources Drive could be relocated. While this complex issue remains unresolved, staff has recommended that the applicant reserve this area for this possible relocation and participate in a Fontaine - Sunset connector alignment study that the Thomas Jefferson Planning District Commission (TJPDC) will be under taking. The TJPDC estimates the cost of the first phase of this study to be approximately $20,000. Although the work would be primarily done by the TJPDC, input from the County, City, UVa Foundation, VDOT and consultant would be expected. With the completion of this study, a better determination of the final location for the Sunset - Fontaine Connector could be made. In addition, VDOT has a safety concern regarding eastbound Fontaine Ave. traffic making a left turn onto the northbound ramp at the Route 29 and Fontaine Ave. intersection being impacted by the traffic traveling westbound through the intersection on Fontaine Ave. The County Engineer, however, does not believe that the volume of these left- turning movements is sufficient to warrant a signal. Staff believes that this matter would be best addressed in association with future development west of the 29 Bypass that would increase the eastbound left turns from Fontaine onto the Bypass. Schools — The expansion of building area will not impact schools. Fire and Rescue — The closest station is located in the City of Charlottesville, which serves the research park. Utilities — Water and sewer are available to the site, however, there are capacity issues. The Albemarle County Service Authority (ACSA) believes these issues can be worked out during the site plan process, provided the applicant completes a study which they began to identify all improvements needed to the wasterwater system to provide additional service to 9 Fontaine Research Park PC Public Hearing 7/27/10 the Park. This study needs to be completed prior to the applicant's submittal of the first site plan. (See Attachment 1) Stormwater Management — In reviewing the revised stormwater management narrative and concept plan (exhibit D3) staff believes it is unlikely that potential facilities B, F, and G can be built as shown on the concept plan which may require stormwater facilities that vary significantly from what is currently shown. Staff notes that any design necessary to meet the requirements of the Water Protection Ordinance that significantly impacts the location of improvements shown on the application plan may require amendment of this zoning. Anticipated impact on nearby and surrounding properties: No impacts to nearby and surrounding properties are anticipated since this is an expansion of similar uses that currently exist in the research park. Additional Staff Concerns: A critical slopes waiver will be required for the development proposed. Typically staff recommends that this waiver be processed with the rezoning application. The applicant has indicated that they are not currently prepared to provide the level of detailed information necessary to complete the waiver request. Since the waiver will be needed it is important to know that if the waiver is denied, it will affect the development of the site and may result in a layout other than what is shown on the applicant plan. The waiver can be requested during the site plan stage. The layout proposed may require complex phasing regarding the proposed buildings and parking structures that will require existing parking be removed. The applicant is aware that they will have to work closely with staff during the site plan stage to resolve any issues that may come up relating to insufficient parking available on site during the development stage. PROFFERS Attachment G contains the current proffers. Wording changes are expected prior to the Board of Supervisor's hearing to address non - substantive issues. Individual proffers are described below: Tax map 76, Parcel 17B has been subdivided. The two new parcels (76 -17BA and 76- 17BB) will need to be added to the proffers. Proffer 1: This is a proffer from ZMA 2000 -04 that has been satisfied. Proffer 2: Proffers the Application Plan. This is no longer necessary. Proffer 3: This is a proffer from ZMA 2000 -04 that has been satisfied. Proffer 4: Provides a commitment to a pedestrian system within the research park. Proffer 5: Proffers the total square feet of development allowed in the research park. This proffer also addresses a square foot limitation for supporting commercial uses. Staff believes the square foot limitation for supporting commercial uses should be addressed as a condition instead of a proffer and that a higher cap of up to 5% of the total allowable square footage should be allowed. Proffer 6: Commits the University of Virginia Foundation to maintain a landscaped buffer along Fontaine Avenue. This proffer needs to be reworded and clarified in order to address what is meant by the "visual buffer" language. 10 Fontaine Research Park PC Public Hearing 7/27/10 Proffer 7: This proffer provides architectural and landscape architectural guidelines for the development. Proffer 8: Is intentionally omitted. This proffer referenced stormwater management system, but staff felt it did not proffer anything. The applicant decided to omit the proffer, which staff finds acceptable. Proffer 9: This is a proffer from ZMA 2000 -04 that has been satisfied. Proffer 10: Commits the University of Virginia Foundation to their adopted, updated Transportation Demand Management Plan (TDM) for the Fontaine Research Park. Proffer 11: This is a proffer from ZMA 2000 -04 that has been satisfied. Proffer 12: This commits the applicant to transportation improvements once the project exceeds the current 565,000 square foot limitation: Upon approval from VDOT and the Albemarle County Department of Community Development, the applicant will install a traffic signal and construct additional lanes at the Fontaine Avenue /U.S. Route 29 Bypass Southbound Ramps intersection. Exhibits attached to the proffers show two options for the construction of additional southbound lanes. Figure 1A provides the construction of a new shared through and left -turn lane, along with the restriping of the existing lane as an exclusive second left -turn lane for the southbound ramps. Figure 1 B provides two exclusive left turn lanes for the southbound ramps with the construction of one new through lane. The determination of which option is most appropriate will take place during the site plan process. Additional improvements would include construction of a new lane on the southbound ramp to receive dual left turns, and the extension of the outside through lane heading west on Fontaine Ave. from the City boundary to Ray C. Hunt Dr. In the research park, an extension of the right turn lane on Ray C. Hunt Drive heading north is also proposed. Staff is supportive of this proffer. Proffer 13. Commits the Owner to design and construct a sidewalk on the south side of Fontaine Avenue from the edge of the Owner's property to where the sidewalk ends in the City, once the project exceeds the 565,000 square foot limitation. Application Plan and Additional Proffers The application plan meets all technical requirements; however, the issue of the Sunset - Fontaine Connector is still unresolved. At a minimum, the Application Plan summary should show an alternative location for the Sunset - Fontaine Connector utilizing Natural Resources Drive. Buildings located where Natural Resources Drive could be realigned to the Connector Road should be modified to allow for potential connection. Generally, staff finds the proffers acceptable with the exception of proffers 5 and 6 which need to be revised as suggested above. In addition, no funding has been provided by the applicant for the study from the Thomas Jefferson Planning District Commission regarding the Sunset - Fontaine Connector and revisions to the application plan as noted above need to be provided. MODIFICATION OF SECTION 21.4 OF ZONING ORDINANCE In accordance with Section 8.2 (b), the applicant requests a modification of the requirements of Section 21.4, Height Regulations in the Albemarle County Zoning 1 1 Fontaine Research Park PC Public Hearing 7/27/10 Ordinance. This requirement states that buildings may be erected up to 65 feet; however, the building must be set back 2 feet for each foot above 35 feet. Staff has reviewed and recommends approval of this modification. The applicants' submittal addresses all the required findings of Section 8.2 (b) (3) necessary for granting a modification. A full description of the request and analysis follows. The applicant requests that instead of limiting the height of structures within the Fontaine Research Park to 65 feet per Section 21.4, that they have the flexibility of constructing buildings up to 90 feet in height within the research park. The applicant notes that a 6- story, typical office building with floor -to -floor heights of 10 -12 feet could be accommodated within the 65' building height maximum. However, medical, laboratory and other research facilities, which are planned for the Research Park, require higher floor -to -floor heights (often 14 -16) feet to accommodate utilities above the ceiling grid including ventilation, power items and other utilities. The applicant is requesting the ability to develop useable scientific laboratory buildings to comply with tenant requirements and to maintain consistency of use within the research park. Infill development is supported in the County, therefore, increasing the density within the research park by minimizing large building footprints while maintaining some green space is encouraged. If done appropriately, the Design Planner suggests that the increased building height can be acceptable. Staff recommends approval of this modification subject to the following condition: Buildings over 50 feet on Fontaine Ave. must have a setback of one (1) foot for every two (2) feet, up to 90 feet. Buildings over 40 feet in height located on Ray C. Hunt Drive and Natural Resources Drive must have a setback of two (2) feet for every one (1) foot. (If the building is located in the entrance corridor or can be seen from the entrance corridor it will be subject to the approval of the ARB or the Design Planner.) These conditions are recommended for the buildings along Fontaine Ave., Ray C. Hunt Drive and Natural Resources Drive. No internal building height limitations are needed. SUMMARY: Staff has identified the following factors favorable to the rezoning- 1 . The rezoning and special use permits are consistent with the Land Use Plan. 2. The rezoning and special use permits will provide the research park an opportunity to expand, which will provide health services and jobs for the community. Staff has identified the following factors unfavorable to this request: 1. Feasibility of the Sunset - Fontaine Connector needs to be determined and location resolved. 2. The proffers need to be technically accurate. 3. Minimal square footage of supporting commercial uses is proffered RECOMMENDED ACTION: ZMA 2007 -013 Staff cannot recommend approval of this rezoning until the following issues are addressed: 1. Reservation of area for a potential Sunset - Fontaine Connector through the Park is made so as to not preclude a future viable alternative. 12 Fontaine Research Park PC Public Hearing 7/27/10 2. Commitment is provided by the applicant for the study by the Thomas Jefferson Planning District Commission on the Sunset - Fontaine Connector. 3. Acceptance of an adequate ceiling for supporting commercial use. 4. The proffers (See Attachment G) are revised to be technically and legally acceptable. Staff recommends approval for modification of Section 21.4 of the Zoning Ordinance regarding height regulations with conditions. Staff Comment on SP 2007 -55- Request for Parking Structure Uses in the PD -MC District Section 31.6 of the Zoning Ordinance below requires that special use permits be assessed as follows: Will the use be of substantial detriment to adjacent property? The applicant proposes three surface or structured parking areas. The proposed parking structure uses are not expected to have extreme impacts on the adjacent properties since existing surface parking is located in these areas. The parking structures will be located in the research park towards the edges of the site. The portions of the property where the parking structures are located are near Fontaine Ave. and Stribling Ave. The parking structures use may create some elevated noise when in use, but probably not much more than the existing parking and nearby highway. The only place where a parking structure could be a problem is in the northwest corner of the site. Construction of a parking structure here would preclude the most likely location for the Fontaine - Sunset Connector. Section §32.7.2A PARKING STRUCTURES of the Zoning Ordinance provides information and guidance regarding parking structures. All the supplemental regulations deal with exhaust from vehicles. Will the character of the zoning district change with this use? Considering the existing use is an office /research park that the applicant wishes to expand and the parking areas already exist on the site, staff believes that the use of parking structures is somewhat minimal in nature and will not change the character of the district as an element of an approved office park. In addition the Foundation has their own architectural requirements that will have to be met. Will the use be in harmony with the purpose and intent of the zoning ordinance? Staff has reviewed this request for compliance with the purpose and intent of the Zoning Ordinance, and identified no conflict that would arise as a result of its approval. Will the use be in harmony with the uses permitted by in the district? Uses permitted by -right are commercial, office, and service uses allowed in commercial zoning districts. Parking structures are allowed in the PD -MC district by special use permit (Sections 22.2.2(9); 23.2.2 (4) and 24.2.2 (11)). The research and office uses already exist on the site. The proposed expanded development will add additional research, medical and office opportunities for the University of Virginia and the community at large. The parking structures are expected to be in harmony with the uses allowed in the research park. 13 Fontaine Research Park PC Public Hearing 7/27/10 Will the use comply with the additional regulations provided in Section 5.0 of this ordinance? Section 5.1.41 PARKING LOTS AND PARKING STRUCTURES states that "A site plan shall be required for each parking lot and parking structure, unless the requirement is waived as provided in section 32.2.2." A waiver has not been requested. A site plan will be expected. Will the public health, safety and general welfare of the community be protected if the use is approved? The supplemental regulations help to protect the health and safety of the community when parking garages are built. Staff Comment on SP2009- 010 - Request for Research & Development Uses in the PD- MC District Section 31.6 of the Zoning Ordinance below requires that special use permits be assessed as follows: Will the use be of substantial detriment to adjacent property? The applicant proposes to expand research and development uses on the site. The proposed research and development uses are not expected to have extreme impacts on the adjacent properties since the existing research park currently provides these uses. All activities will be conducted inside buildings, Will the character of the zoning district change with this use? No change in the character of the zoning district is expected. The current zoning already allows this use. Will the use be in harmony with the purpose and intent of the zoning ordinance? Staff has reviewed this request for compliance with the purpose and intent of the Zoning Ordinance, and identified no conflict that would arise as a result of its approval. Will the use be in harmony with the uses permitted by right in the district? Uses permitted by -right are commercial, office, and service uses allowed in commercial zoning districts. Research and Development is allowed in the PD -MC district by special use permit (Section 23.2.2 (12)). The research and office uses already exist on the site. The proposed expanded development will add additional research, medical and office opportunities for the University of Virginia and the community at large. The research and development uses are expected to be in harmony with the uses allowed in the research park. Will the use comply with the additional reaulations Drovided in Section 5.0 of this ordinance? There are no additional regulations relating to research and development. 14 Fontaine Research Park PC Public Hearing 7/27/10 Will the public health, safety and general welfare of the community be protected if the use is approved? The public health, safety, and general welfare of the community is protected because all activities are conducted inside the building and surrounding uses are all health care related. Staff Comment on SP2009-01 1 -Request for Laboratories, Medical or Pharmaceutical Uses in the PD -MC District Section 31.6 of the Zoning Ordinance below requires that special use permits be assessed as follows: Will the use be of substantial detriment to adjacent property? The applicant proposes to expand laboratories, medical or pharmaceutical uses on the site. The proposed laboratories, medical or pharmaceutical uses are not expected to have extreme impacts on the adjacent properties since all activities will take place inside the buildings. Will the character of the zoning district change with this use? No change in the character of the zoning district is expected. The current zoning already allows this use. Will the use be in harmony with the purpose and intent of the zoning ordinance? Staff has reviewed this request for compliance with the purpose and intent of the Zoning Ordinance, and identified no conflict that would arise as a result of its approval. Will the use be in harmony with the uses permitted by right in the district? Uses permitted by -right are commercial, office, and service uses allowed in commercial zoning districts. Laboratories, medical or pharmaceutical uses are allowed in the PD -MC district by special use permit (Section 23.2.2 (13)). The laboratories, medical or pharmaceutical uses already exist on the site. The proposed expanded development will add additional research, medical and office opportunities for the University of Virginia and the community at large. The laboratories, medical or pharmaceutical uses are expected to be in harmony with the uses allowed in the research park. Will the use comply with the additional regulations provided in Section 5.0 of this ordinance? There are no additional regulations relating to laboratories, medical or pharmaceutical uses. Will the public health, safety and general welfare of the community be protected if the use is approved? The public health, safety, and general welfare of the community is protected with the building code requirements. No additional impacts are expected. Staff Comment on SP2009- 013 - Request for Hospital Uses in the PD -MC District Section 31.6 of the Zoning Ordinance below requires that special use permits be assessed as follows: Will the use be of substantial detriment to adjacent property? 15 Fontaine Research Park PC Public Hearing 7/27/10 The applicant proposes to continue providing the existing hospital use on the site. The proposed hospital use is not expected to change or have extreme impacts on the adjacent properties since the existing research park currently provides this use. Will the character of the zoning district change with this use? No change in the character of the zoning district is expected. The current zoning already allows this use. Will the use be in harmonv with the Duraose and intent of the zonina ordinance? Staff has reviewed this request for compliance with the purpose and intent of the Zoning Ordinance, and identified no conflict that would arise as a result of its approval. Will the use be in harmony with the uses permitted by right in the district? Uses permitted by right are commercial, office, and service uses allowed in commercial zoning districts. Hospitals are allowed in the PD -MC district by special use permit (Sections 22.2.2 (3); 23.2.2 (1); and 24.2.2 (7)). The hospital, research and office uses already exist on the site. The proposed expanded development will add additional research, medical and office opportunities for the University of Virginia and the community at large. The hospital is expected to be in harmony with the uses allowed in the research park. Will the use comDly with the additional reaulations Drovided in Section 5.0 of this ordinance? There are no additional regulations relating to hospital uses. Will the public health, safety and general welfare of the community be protected if the use is approved? The expansion of the hospital use will support the public health and general welfare of the community. No adverse impacts to the community are expected. Staff Comment on SP2009- 014 - Request for Supporting Commercial Uses in the PD- MC District Section 31.6 of the Zoning Ordinance below requires that special use permits be assessed as follows: Will the use be of substantial detriment to adjacent property? The applicant proposes to continue providing supporting commercial uses on the site. The proposed supporting commercial uses are not expected to have extreme impacts on the adjacent properties since the existing research park currently provides some of these uses. Will the character of the zonina district chanae with this use? No change in the character of the zoning district is expected. The current zoning already allows this use. Will the use be in harmony with the purpose and intent of the zoning ordinance? Staff has reviewed this request for compliance with the purpose and intent of the Zoning Ordinance, and identified no conflict that would arise as a result of its approval. 16 Fontaine Research Park PC Public Hearing 7/27/10 Will the use be in harmonv with the uses Dermitted by riaht in the district? As previously discussed in this report the research park could benefit by having more than 2.2 percent of supporting commercial uses. Will the use comply with the additional regulations provided in Section 5.0 of this ordinance? There are no additional regulations relating to supporting commercial uses. Will the public health, safety and general welfare of the community be protected if the use is approved? An expansion of the supporting commercial use will support the public health and general welfare of the community by providing for more employee support on -site. Staff would recommend that a ceiling of 5% be placed on the use, but no minimum requirement for a commercial use. No adverse impacts to the community are expected. SUMMARY: Staff recommends approval of SP2007 -055 Parking Structure, SP2009 -010 Research & Development, SP2009 -011 Laboratories, Medical or Pharmaceutical, SP2009 -013 Hospitals with conditions, and SP2009 -014 Supporting Commercial Uses. Staff recommends the following conditions for approval for the Hospital special use permit and the Supporting Commercial Uses special use permit, should the rezoning be approved: SP 2009 -013- Hospital 1. The hospital use shall be limited to 60 beds; 2. The use shall not commence until such time as appropriate state and federal approvals have been obtained; 3. Site plan shall not be signed until fire official approval has been obtained; 4. The use shall be for inpatient medical rehabilitation and shall not provide emergency services. SP 2009 - 014 - Supporting Commercial Uses 1. The supporting commercial uses shall be limited to five (5) percent of the square footage allowed in the park. ATTACHMENT A: Location Map ATTACHMENT B: Tax Map ATTACHMENT C: Eight (8) plans and maps, dated May 3, 2010 prepared by University of Virginia Foundation and Dewberry & Davis LLC ATTACHMENT D: November 27, 2007 Planning Commission Work Session Staff Report ATTACHMENT E: Minutes from November 27, 2007 Plannina Commission Work Session ATTACHMENT F: Neighborhood Model Analysis for ZMA 2004 -010 ATTACHMENT G: Proffers with Figures, dated June 21, 2010 ATTACHMENT H: Electronic mail from Joel DeNunzio, dated Mav 21. 2010 ATTACHMENT I: Electronic mail from Gary Whelan, dated May 24, 2010 and electronic mail from Justin Weiler. dated April 16, 2010 17 Fontaine Research Park PC Public Hearing 7/27/10