HomeMy WebLinkAboutZMA201000014 Executive Summary Zoning Map Amendment 2011-01-11COUNTY OF ALBEMARLE
PLANNING STAFF EXECUTIVE SUMMARY
PROJECT: ZMA 2010 -00014 Hollymead Town
Staff: Judith C. Wiegand
Center (A -1)
PROPOSAL: Rezone 59.162 (portions) acres
from Planned Development -Mixed Commercial
(PD -MC) zoning district which allows large -scale
commercial uses; and residential by special use
permit (15 units/ acre) to Planned Development -
Mixed Commercial (PD -MC) zoning district which
allows large -scale commercial uses; and
residential by special use permit (15 units/ acre),
in order to amend the existing proffers.
PROFFERS: Yes
EXISTING COMPREHENSIVE PLAN LAND
USE /DENSITY: Town Center — compact, higher
density area containing a mixture of businesses,
services, public facilities, residential areas and
public spaces, attracting activities of all kinds.
(6.01 -34 dwelling units per acre) in Hollymead
Development Area.
ENTRANCE CORRIDOR: Yes
LOCATION: Hollymead Town Center Area A -1,
the southwest quadrant of Seminole Trail (US
29) and Towncenter Drive in the Hollymead
Development Area
TAX MAP /PARCEL: 032000000042A0,
04600000000500, 03200000004400 (portion),
03200000004500 (portion)
MAGISTERIAL DISTRICT: Rio
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
January 11, 2011
January 12, 2011
Owner(s): Route 29, LLC
Applicant: Wendell Wood
Acreage: 59.162 acres
Rezone from: Planned Development -
Mixed Commercial (PD -MC) to PD -MC in
order to amend one proffer
Magisterial District: Rio
Proffers: Yes
Proposal: Request to amend one proffer from
Requested # of Dwelling Units: None
the original rezoning (ZMA 2005 - 00015,
approved 9/12/2007) that relates to road
improvements and a second proffer that relates
to Public Transit Operating Expenses.
BACKGROUND
On September 12, 2007, the Board of Supervisors approved ZMA 2005 - 00015, Hollymead
Town Center, Area A -1, which rezoned the portion of Hollymead Town Center where the Kohl's
is now under construction.
In order for the Kohl's to receive a Certificate of Occupancy (CO), several of the original Proffers
needed to be satisfied. Proffer 1, Road Improvements requires completion of Meeting Street
from the intersection with Town Center Drive south to the property line. The County believes
that only a portion of this segment of Meeting Street needs to be completed at this time. So, the
County requested that the property owner apply for a zoning map amendment to modify this
proffer.
At the same time, the applicant requested that a change be made in the Proffer related to public
transit stop construction ( #4). The applicant requested that a sunset date for this proffer be
included.
DISCUSSION
Attachment B is a signed copy of the original proffers, dated September 12, 2007, and includes
the following relevant to the current requested proffer amendment:
1. Road Improvements - To the extent not currently completed, the Owner shall design,
construct and dedicate to public use for acceptance by VDOT, the following:
The road improvements listed herein shall be constructed in accordance with road plans
submitted by the Owner and approved by the Virginia Department of Transportation
( "VDOT "). All of the foregoing improvements shall be constructed to VDOT design
standards pursuant to detailed plans agreed to between the Owner, the County and
VDOT. Except for Meeting Street and Town Center Drive as indicated in D. below, the
road plans will be submitted to VDOT and the County with the first site plan or subdivision
plat, and will be constructed and accepted by VDOT within two years from the date of
approval of the first site plan or subdivision plat, except as described in paragraph D.
below:
B. Meeting Street from the intersection of Town Center Drive to the southern boundary of
the Property.
D. Within one (1) year after the date of approval of this rezoning, the following streets
shall be completed:
- Meeting Street from the intersection of Town Center Drive to the northern boundary of
Area A....
- Town Center Drive...
For purposes of this Proffer D., construction of each street shall be deemed complete
when it is ready to be recommended by the Albemarle County Board of Supervisors for
acceptance into the state - maintained system, and the owner has obtained from the County
Engineer a written determination that the street is safe and convenient for traffic.
The proposed revised proffers are included in Attachment C. The revised language relevant to
Planning Staff Executive Summary
Planning Commission Public Hearing January 11, 2011
Page 2
the current requested proffer amendment is:
1. Road Improvements —to the extent not currently completed, the Owner shall
design, construct and dedicate to public use for acceptance by VDOT, the following
roads as provided herein:
A. Design, construct and dedicate. The road improvements listed below shall be
constructed in accordance with road plans submitted by the Owner and
approved by the Virginia Department of Transportation ( "VDOT "). All of the
foregoing improvements shall be constructed to VDOT design standards
pursuant to detailed plans agreed to between the Owner, the County and
VDOT. Except for Meeting Street and Town Center Drive as provided in
Proffer 1A(3) below, the road plans will be submitted to VDOT and the
County with the first site plan or subdivision plat, and will be constructed and
accepted by VDOT within two years from the date of approval of the first site
plan or subdivision plat, except as described in Proffer 1A(3) below:
B. Reserve and dedicate. The Owner shall reserve for dedication and dedicate
to public use, upon the written request of the County, the right -of -way for
Meeting Street from the intersection of Town Center Drive to the southern
boundary of the Property. The land reserved and dedicated shall be at least
the minimum width necessary to comply with applicable VDOT standards for
the construction and maintenance of the road, and include all necessary
easements. The right -of -way shall be dedicated within the period specified by
the County, which period shall not be less than 90 days. If the right -of -way is
not dedicated in conjunction with a subdivision plat, the Owner shall be
responsible for the cost of a survey and preparing the deed to convey the
right -of -way to the County.
The revised Proffer 1.A.3 (not printed in full above) now requires completion of Meeting Street
north of the intersection with Town Center Drive in the same manner as was required by the
original proffer. The new Proffer 1.13 above requires that the right -of -way be dedicated for the
remaining segment of Meeting Street south to where it will eventually connect to Berkmar Drive
Extended. As each site plan for development adjacent to this southern segment of Meeting
Street is submitted for review and approval, the relevant stretch of Meeting Street to serve that
new development will need to be shown on the site plan and completed as a part of that
development. Because these road segments will be built to the requirements in the site plans, it
is not necessary to proffer specific cross sections. For example, Meeting Street south from
Town Center Drive to the entrances to Area A -1 that will serve the Kohl's and to Area A -2 that
will serve the indoor theater will need to be completed in time to serve those uses. The
remainder of Meeting Street south of those entrances will not need to be completed until
property adjacent to Meeting Street is developed or until the connection is made with Berkmar
Drive Extended.
The second change was made to Proffer 4. Public Transit Stop Construction. The original
wording of this proffer does not include a sunset date. Since it is unclear when transit service
will be provided to this area, the applicant does not want an indefinite obligation. The applicant
Planning Staff Executive Summary
Planning Commission Public Hearing January 11, 2011
Page 3
also notes that no other Area within the Hollymead Town Center is similarly burdened with
potential contributions toward transit, yet all Areas would benefit from transit service. The
applicant is now proffering a date seven years after the first Certificate of Occupancy was given.
The CO for the Target was issued in mid -2005, and the applicant is now proffering a July 1,
2012 sunset date.
Staff notes that transit service extends north of Charlottesville to the Wal -Mart at this time.
Extending transit service as far north as the Hollymead Town Center area is a long -term
proposition, at least five to ten years out. Thus, if this proffer change is accepted, it is likely that
the applicant will not be required to provide any funding for transit operating expenses.
In addition to these language changes relating to the road proffer and public transit expenses,
changes have been made in the list of Tax Map and Parcels to reflect those now included in
Area A -1, and in the ownership of the property. Also, those proffers that have been satisfied are
so labeled.
RECOMMENDATION
Staff does not recommend acceptance of the July 1, 2012 sunset date for the Public Transit
Operating Expenses proffer because it will effectively remove the applicant's obligation to help
fund transit service to the Hollymead Town Center. Staff believes a sunset date of January 1,
2021 gives a more realistic opportunity for transit services to be provided in the area to which
this project would contribute. Staff does recommend approval of the rest of the revisions to the
proffer language as included in the signed Amended Proffers, dated January 3, 2011, and
included as Attachment C .
PLANNING COMMISSION MOTION:
A. Should a Planning Commissioner choose to recommend approval of this rezoning:
Move to recommend approval of ZMA 2010 -00014 including the amended Proffers as
included in Attachment C.
B. Should a Planning Commissioner choose to recommend denial of this rezoning:
Move to recommend denial of ZMA 2010 -00014 including the amended Proffers as
included in Attachment C. Should a commissioner motion to recommend denial, he or she
should state the reason(s) for recommending denial.
ATTACHMENT A Location Map
ATTACHMENT B Copy of original signed proffers, dated September 12, 2007
ATTACHMENT C Copy of amended signed proffers, dated January 3, 2011
Planning Staff Executive Summary
Planning Commission Public Hearing January 11, 2011
Page 4