HomeMy WebLinkAboutZMA201000001 Staff Report 2011-01-10COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 2010 -00001 Pantops Ridge
Staff: Claudette Grant
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
January 11, 2011
To be determined
Owners: Richard T. Spurzem
Applicant: Richard T. Spurzem, represented by
Valerie W. Long, Williams Mullen
Acreage: 37.5 acres
Rezone from: Planned Development Shopping
Center (PD -SC) to R -15 Residential zoning
district.
TMP: TMP 07800000005300 & TMP
Existing Zoning and By -right use:
078BOOOOA00400 (See Attachments A & B)
By -right use is for a Shopping Center (Gazebo
Plaza) has been approved with a 183,000 sq. ft.
shopping center. (See Attachment C)
Location: 1998 Hansens Mountain Road, near
Proffers: Yes
intersection of U.S. Route 250 East and Hansens
Mountain Road.
Magisterial District: Rivanna
Requested # of Dwelling Units: 562
DA (Development Area): Neighborhood 3 —
Comprehensive Plan Designation:
Pantops
Neighborhood Density Residential - residential
(3 -6 units /acre) and supporting uses such as
religious institutions and schools and other small -
scale non - residential uses; Urban Density
Residential - residential (6.01 -34 units /acre) and
supporting uses such as religious institutions,
schools, commercial, office and service uses;
Greenspace.
Character of Property: Primarily undeveloped
Use of Surrounding Properties: Primarily single
with a 1920's stone house.
family detached dwellings and some vacant,
undeveloped land.
Factor Favorable:
Factor Unfavorable:
1. The residential use is more in keeping with
1. Proposed density is not in keeping with the
the Land Use Plan than the approved
Pantops Master Plan.
commercial use.
2. There is no commitment to retain
2. An extension of Viewmont Court and a
Greenspace shown on the Pantops Master
relocated Hansens Mountain Road will be a
Plan.
safety improvement for Ashcroft residents and
3. No plan of development that could allow
can address many of the traffic impacts of the
determination that goals from the
development.
Comprehensive Plan, including the Pantops
3. The residential use is less intensive than the
Master Plan, related to environmental
approved commercial use and is expected to
preservation, design around a Central Green,
have less of an impact on surrounding
provision of amenities, provision of a mixture
residential developments.
of housing types, and a pedestrian
orientation are met.
4. No traffic study has been provided. Without a
LMA 2010 -01 Pantops Ridgc
PC Staff Rcport Pa <ac 1
traffic study, requirements of the state's
Chapter 527 traffic study regulations have
not been met and needed transportation
improvements resulting from the
development cannot be confirmed, including
the proposed relocation of Hansens
Mountain Road.
5. The proffers obligate the County or VDOT to
acquire any needed land for the relocation of
Hansens Mountain Road utilizing funds
proffered by the applicant without a
commitment by the applicant to attempt to
acquire this land themselves. This puts the
County or VDOT in the position of potentially
needing to condemn land owned by multiple
property owners in order for the proffer to be
executed.
6. There is no commitment to accommodate
transit in the development, nor is there a
commitment of any funding for any public
transit services.
7. There is no contribution to providing
affordable housing.
8. There is no commitment to off -set the
development's impacts on public facilities as
stipulated in Appendix B of the County Land
Use Plan entitled " County of Albemarle,
Virginia Cash Proffer Policy for Public
Facilities ".
9. Proffers are in need of substantive and
technical changes.
RECOMMENDATION: Base on the factors notes as unfavorable, staff recommends denial of this
rezoning.
STAFF PERSON: Claudette Grant
PLANNING COMMISSION: January 11, 2011
BOARD OF SUPERVISORS: To Be Determined
ZMA 2010 -001 Pantops Ridge
PETITION
PROJECT: PANTOPS RIDGE (ZMA 2010 -01)
PROPOSAL: Rezone approximately 37.5 acres from PD -SC Planned Development Shopping
Center, which allows shopping centers, retail sales and service uses and residential by special use
permit (15 units/ acre) to R -15 Residential zoning district which allows single family
attached /detached uses and multifamily residential uses up to 15 units /acre. Proposed number of
units is 562 for a density of 15 units /acre.
PROFFERS: Yes
EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Neighborhood Density Residential -
residential (3 -6 units /acre) and supporting uses such as religious institutions and schools and other
small -scale non - residential uses; Urban Density Residential - residential (6.01 -34 units /acre) and
supporting uses such as religious institutions, schools, commercial, office and service uses;
Greenspace.
ENTRANCE CORRIDOR: Yes
LOCATION: 1998 Hansens Mountain Road, Intersection of US Route 250 East and Hansens
Mountain Road. Access is proposed from a relocated Hansens Mountain Road and through 106
Viewmont Court.
TAX MAP /PARCEL: Tax Map 78, Parcel 53; Tax Map 78B -A -4
MAGISTERIAL DISTRICT: Rivanna
(The actual acreage for this proiect is 37.5 acres, which yields a proposed 562 units for a density of 15
units /acre. In some instances the acreage was rounded up to 38 acres, which yields a proposed 566
units for a density of 15 units /acre. The staff report refers to the actual 37.5 acres and proposed 562
units.
CHARACTER OF THE SITE AND SURROUNDING AREA
The 37.5 acre site is located on the northeast corner of the intersection of Interstate 64 and U.S.
Route 250. The site is located on a hill and is primarily undeveloped except for an existing house.
The Glenorchy residential development is located to the west and Ashcroft is located to the north of
the development. Both residential neighborhoods are adjacent to this site. Office, retail and other
commercial uses, including the site for the Martha Jefferson Hospital are located nearby.
SPECIFICS OF THE PROPOSAL
The applicant is requesting a rezoning from PDSC to R -15 residential. There is no plan of
development offered; however, the applicant has proffered to build no more than 562 dwelling units.
He would also upgrade Glenorchy Drive, to make it the main entrance to the development by
extending Viewmont Court to a relocated Hansens Mountain Road. The existing entrance to
Hansens Mountain Road would be closed. (See Exhibit A of Attachment E) A relocated Hansens
Mountain Road would allow vehicles from the subject property and the Ashcroft neighborhood
access to U.S. Route 250 through Glenorchy at an existing signalized intersection at Peter
Jefferson Place. The current vehicular access for this site and Ashcroft is an unsignalized
intersection at Hansens Mountain Road and U.S. Route 250. The proposed transportation
improvements would be dependent on the County's acquisition of right -of -way from property owners
in Glenorchy where there is likely insufficient right -of -way for the improvements.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant has an approved final site plan for a 183,000 square foot shopping center. (See
Attachment I.)While the proposed shopping center could be built by- right, the applicant feels that
ZIVIA LUtu -ut 1 antops Kioge
PC Staff Report Page 3
down zoning the property to residential instead of commercial uses will not only decrease the level
of intensity of development on this site, but also provide the potential for less traffic and improved
safety measures to the transportation network.
PLANNING AND ZONING HISTORY
This property has the following relevant history:
SDP 80 — 44 — site plan approved by the Planning Commission on October 14, 1980.
County Comprehensive Rezoning, December 10, 1980 — property rezoned from B -1, Business
to PDSC, with the approved site plan serving as the application plan. ZMA 98 -07 — Proposal to
rezone the property from PDSC to R -10 for 375 apartment units was withdrawn prior to any action
or recommendation.
ZMA 02 -11 and SPs 02 -52, 53, 54 and 55 — Proposal for mixed use development of residential
and commercial along with a parking structure was withdrawn after a Planning Commission work
session on July 15, 2003.
SDP 04 -074 — Preliminary site plan approved September 13, 2005.
SDP 06 -030 — Final site plan approved December 26, 2007.
CONFORMITY WITH THE COMPREHENSIVE PLAN
The properties are located in Neighborhood Three, also known as Pantops, in the Land Use Plan.
The Pantops Master Plan, an element of the Comprehensive Plan's Land Use Plan, does not
recommend a shopping center at this location as it is currently zoned. Instead, it designates the
property as Urban Density Residential around a Central Green, Neighborhood Density Residential
adjacent to the existing Glenorchy subdivision and Greenspace along the eastern property line. The
majority of the property is shown for Neighborhood Density which is intended to have between 3 -6
dwelling units per acre. Single family detached and attached units would be expected as the
primary building type. Urban Density Residential areas are intended to have a density of between
6.01 to 20 dwellings per acre, with possible densities of up to 34 dwellings per acres under a
planned development approach. The Pantops Master Plan, suggests that approximately 300 units
should be built on the areas designated as urban density and neighborhood density. Over the gross
acreage of the site, this would translate to 8 units per acre. Fifteen units per acre is the proposed
density in this rezoning. Attachment D, the Comparison Maps, show that the green space on the
Land Use Plan Map was incorporated to protect the steep slopes near Culpeper Branch along the
east and northern edges of the site. It is possible that some development could occur in portions of
the property that are shown as Greenspace but have less steep slopes. These areas are near the
edges of the neighborhood density and urban density boundaries. The property subject to this
proposal is located in a residential area as described in the master plan. The Pantops Master Plan
recommends maintaining the residential character in these areas while providing appropriately
scaled uses for goods and services within walking distance of residential areas and more natural
greenspace. (See Insert below)
ZMA 2010 -01 Pantops Ridge
PC Staff Report Page 4
The following recommendations are from the Pantops Master Plan for the property:
• The dwelling and accessory structures on the Gazebo Plaza property appear to be fifty years
old or older and may be considered historic and should be evaluated and documented.
The applicant has agreed to survey the existing building(s) on the property and provide
documentation prior to demolition.
• When development occurs on the undeveloped property (Gazebo Plaza site) provide a Civic
Green Center surrounded by Urban Density Residential in the general area shown on the
Framework Plan.
No commitment has been made regarding the provision for a Civic Green Center.
• Develop public or semi public park /green space on the northern half of the Gazebo Plaza site
and provide trail connections.
No commitment has been made regarding the development of public or semi public park/green
space on the northern half of the site. However, the applicant has proffered to provide a trail on
the site.
• Respect the Monticello view shed by retaining land in open space.
The applicant has indicated a willingness to work with the Thomas Jefferson Foundation during
the site development process to address Monticello viewshed protection recommendations of
the Master Plan. Proffers have been provided regarding architectural standards.
• Replant trees that have been removed during grading to help create a wooded canopy, as part
of viewshed protection for Monticello.
The applicant has not provided any specific commitment regarding replanting of trees that are
removed during grading. However, as described in the previous bullet, the applicant has
indicated a willingness to work with the Thomas Jefferson Foundation during the site
development process to address Monticello viewshed protection recommendations of the
Master Plan.
• Connect this neighborhood to the more intensive land use centers to the west with a multi-
purpose path that leads into the planned sidewalk system.
Although the applicant has proffered to provide a trail on the site, no plan has been provided
that shows connectivity between this neighborhood and the more intensive land use centers to
the west with a multi - purpose path that leads into the planned sidewalk system.
• Create and preserve a vegetated buffer along Route 250 East through this neighborhood and at
the Rural Area boundary to this neighborhood to help retain a residential and rural character in
this part of Pantops.
The creation and preservation of a vegetated buffer along Route 250 East through this
neighborhood and at the Rural Area boundary to this neighborhood to help retain a residential
ZMA 2010 -01 Pantops Ridge
PC Staff Report Page 5
and rural character in this part of Pantops has not been provided. A proffer is provided for a
buffer along Culpeper Branch.
Principles of the Neighborhood Model
As mentioned earlier, the applicant has not provided a plan of development and without a plan, staff
is unable to fully evaluate the proposal for conformity with the 12 Principles of the Neighborhood
Model. The following assessment is based on the information that has been provided.
Pedestrian
The subdivision ordinance requires sidewalks and street trees for new
Orientation
streets in single - family developments. The R -15 zoning allows for
townhouse and multi - family development. Sidewalks and street trees are
not mandatory in these developments. To meet the principle, additional
commitments are needed. This principle has not been adequately
addressed.
Neighborhood
The applicant has proffered to provide a trail. However, the location and
Friendly Streets
type of trail (paved or unpaved) has not been provided. The proffer is in
and Paths
need of technical and substantive revisions. This principle has not been
adequately addressed.
Interconnected
The proposed extension of Viewmont Court and relocation of Hansens
Streets and
Mountain Road is recommended in the Pantops Master Plan. The proffer to
Transportation
relocate Hansens Mountain Road requires the County or VDOT to acquire
Networks
land for right -of -way with no obligation on the part of the applicant to first
seek to acquire the needed land. While the applicant has proffered a
certain level of funding for these acquisitions, the proffer leaves the onus
on the County or VDOT to deal with multiple property owners for the
acquisitions in order to accomplish this interconnection. Substantive
revisions to the proffer are needed to assure this principle can be met.
Parks and Open
The Pantops Master Plan designates a Central Green and recommends
Space
Greenspace along the eastern property line to protect environmental
features of the site. No commitment has been made to provide these areas
recommended in the Master Plan. This principle has not been addressed.
Neighborhood
The Pantops Master Plan recommends a Central Green within this
Centers
property. No such center is provided. This principle is not met.
Buildings and
No commitments have been made related to building scale, form and
Spaces of Human
massing. Therefore, this principle cannot be evaluated for conformity with
Scale
the Neighborhood Model. The ARB will review site plans for conformity with
the Entrance Corridor Guidelines where development is visible from
Richmond Road and 1 -64.
Relegated Parking
Due to absence of a plan, this principle cannot be evaluated for conformity
with the Neighborhood Model.
Mixture of Uses
The site is not recommended for mixed use in the Master Plan and the
applicant is proposing a residential development only. This principle is not
applicable.
ZMA 2010 -01 Pantops Ridge
PC Staff Report Page 6
Mixture of Housing
Proffer 3 provides for a mix of housing types, however, this proffer has no
Types and
mechanism for enforcement. There are no commitments to make single
Affordability
family dwellings the predominant unit type or commitments to locate
multifamily units in the area shown for urban density on the Pantops
Master Plan. No proffer has been made for affordable housing. This
principle is not met.
Redevelopment
Demolition of the house is expected and further development of the site will
occur if the rezoning is approved. This principle is met.
Site Planning that
The Pantops Master Plan recommends that the natural topography of the
Respects Terrain
site be preserved with the designated Greenspace on the Master Plan. No
information has been provided on proposed grading. This principle is not
met.
Clear Boundaries
The property is on the edge of the Development Area and the Pantops
with the Rural
Master Plan recommends the creation and preservation of a vegetated
Areas
buffer along Route 250 East through this neighborhood and at the Rural
Area boundary to this neighborhood to help retain a residential and rural
character in this part of Pantops. Although, the applicant has proffered a
buffer along Culpeper Branch, clarity is needed in terms of what is being
proposed. In addition, the buffer does not relate to the Development Area
and Rural Area boundaries. This principle is not met.
Economic Development Policy
While changing a commercially zoned area to a residential district might be considered contrary to
small business development, retention, and job creation, the Economic Vitality Action Plan, adopted
in August 2010 to further implement the Comprehensive Plan's Economic Development Policy,
states that the Action Plan is intended to work within the guidelines and stated goals and objectives
of all relevant chapters of the Comprehensive Plan, including the Land Use Plan. As the Land use
Plan recommends residential use at this location, staff finds the proposal does not conflict with the
County's Economic Development Policy.
STAFF COMMENT
Relationship between the application and the purpose and intent of the requested zoning
district:
The intent of the R -15 district is to allow for compact high- density residential development with a
variety of housing types, which may be clustered. The district also promotes the provision of
locational, environmental and development amenities. The applicant is requesting approval for a
fairly dense residential development with 562 units. At 15 units per acre, the proposal is consistent
with the intent of the R -15 Zoning District. The site plan requirements ensure that some amenities
will be provided. However, it is unknown with the information provided for this rezoning how or if
any environmental features will be preserved.
It is unusual for a development of this size and type to be requested without a plan of development.
Either a proffered plan for R -15 or a PRD would be appropriate for a residential development if
density is in keeping with the Land Use Plan. The applicant believes that the exchange of
commercially zoned land for residentially zoned land at 15 dwellings per acre is sufficient grounds
for not providing a plan of development.
Public need and justification for the change:
With the pending move of the Martha Jefferson Hospital to the Pantops area, the applicant sees a
need for additional housing that is conveniently located in this part of the County. The applicant
feels the change of use from a shopping center to a residential development will be less intense on
the surrounding community. Staff agrees that a residential development will be a less intensive use
of the property, but, that the density should be in conformity with the Pantops Master Plan. The
relocation of Hansens Mountain Road as proposed would help to improve the overall road system
and safety. This improvement is in keeping with the recommendations of the Pantops Master Plan.
Impact on Environmental, Cultural, and Historic Resources:
Environmental - A stream known as the Culpeper Branch is located along the eastern boundary of
this property. As previously mentioned in this report, the applicant has proffered a buffer for this
area. However, staff questions what is to be preserved since a WPO permit has been approved for
this portion of the site and disturbance in this area has already occurred.
Other important environmental features to protect in the Greenspace area include critical slopes,
and some wooded areas. Staff believes development of the site should avoid these features. To do
this, the applicant would need to provide a plan showing the areas to be preserved and make
commitments to avoid development of the site in the northern wooded portions north of the power
line easement. (See Attachment D)
Cultural /Historic Resources - No known cultural or historic resources exist on the site; however, the
applicant has committed to survey the existing building on the property and provide documentation
prior to demolition.
Monticello Viewshed - The applicant has indicated a willingness to work with the Thomas Jefferson
Foundation during the site development process to address Monticello viewshed protection
recommendations of the Master Plan. A proffer has been made to use neutral colors, minimize use
of white materials, and use dark, non - reflective material for buildings. These proffers are general in
nature and require clarification.
Entrance Corridor- Richmond Road is an Entrance Corridor and subject to ARB review. The Desigr
Planner states that a residential development on the subject parcels could be appropriately
designed to meet the Entrance Corridor guidelines; however, the submittal materials do not provide
a level of detail that allows for any further review or comment.
Anticipated impact on public facilities and services:
Streets —
Traffic Impact Analysis: Both the County Engineer and VDOT have requested a traffic impact
analysis meeting the requirements of the state's Chapter 527 traffic study regulations which, to
date, the applicant has declined to provide. The applicant has stated that traffic studies done in
2002 for a mixed use development and in 2006 for the shopping center should be sufficient for
County review. The County Engineer and VDOT disagree for the following reasons:
1. Background traffic volume and direction has changed on Richmond Road which must be taken
into account.
2. The proposal to rebuild Hansens Mountain Road does not appear able to meet VDOT
requirements given the expected traffic volumes.
3. Improvements to Richmond Road to accommodate turning movements may be needed which
the applicant is not providing.
4. Neither the shopping center nor the mixed -use development traffic studies adequately reflect
traffic to be generated by this development, although the County Engineer and VDOT concede
that it is likely less than for the shopping center. The 2006 traffic study showed generation of
approximately 9500 vpd for the shopping center and 562 multi - family units will generate
approximately 5100 vpd.
Details are provided in Attachments G and H from VDOT and the County Engineer.
ZMA 2010 -01 Pantops Ridge
PC Staff Report Page 8
As previously mentioned in this staff report, the Hansen Mountain Road relocation is recommended
in the Pantops Master Plan. The relocation would help resolve delay issues experienced by
residents of Ashcroft. A relocated intersection would support the new development recommended
in the Plan. Without the intersection improvement, the amount of traffic generated by the new
development could not be accommodated because of the expected volume and the closeness of
the intersection to the 1 -64 interchange.
To make the improvements, the applicant has stated the County must first acquire right -of -way for
those improvements and has proffered a set amount of funds to be provided for this purpose. In the
past when the County has accepted proffers that involve the County's possible acquisition of right of
way, it has been expected that the applicant would first exhaust all measures to acquire the right of
way before the County would step in. The proffer leaves the onus on the County or VDOT to deal
with multiple property owners for the acquisitions in order to accomplish this interconnection.
Transit:
The Pantops Master Plan recommends the following regarding transit:
Encourage new development to contribute to funding transit services to offset the cost of service
and to reduce traffic impacts of development proposals.
Ensure new development is transit ready.
Without a plan, there is no way to assure that the development can be transit - ready. In addition,
there are no proffers for transit.
IT= M
Children from this development would attend Stone Robinson Elementary School, Burley Middle
School and Monticello High School. This development is expected to generate approximately 74
elementary school pupils, 35 middle school pupils, and 31 high school pupils if developed. These
numbers are based on 50 single family detached units, 225 apartment units and 291 low rise
residential condominium /townhouses as submitted by the applicant.
Fire, Rescue, Police -
The closest fire /rescue station is located in the City of Charlottesville, which serves the Pantops
area. A temporary County facility is being built nearby at Peter Jefferson Place which should allow
for adequate response time, if road improvements are made. The Albemarle County Fifth Street
Office Building contains the County's Police Department, although police patrol all areas of the
County.
At present, the County does not meet its standard of 1.5 officers per 1,000 residents.
Utilities -
The Albemarle County Service Authority (ACSA) states that there are capacity issues for several
runs of sewer pipe downstream from this project. They will have to be upgraded to accept the
projected flows from the proposed 562 units. (See Attachment F for ACSA comments)
Anticipated impact on nearby and surrounding properties:
The largest impact from the development as proposed will be increased traffic in Glenorchy from
Ashcroft and the traffic generated by the new development utilizing the relocated Hansens
Mountain Road. Residents along Viewmont Court will likely experience the highest level of impact.
Currently, Viewmont Court is a dead end residential street in the Glenorchy development with only
a few residences. The relocation of Hansen Mountain Road connecting to Viewmont Court will
provide a safer road for residents of Ashcroft and Pantops Ridge, but will also add traffic on a street
that currently has very little traffic. Right -of -way for the Hansen Mountain Road relocation will also
be needed from some properties in Glenorchy.
GMA 2010 -01 Pantops Ridgc
PC Staff Report Page 9
PROFFERS
Attachment E contains the current proffers. Of note is the absence of off -sets to the development's
impacts on public facilities as stipulated in Appendix B of the County Land Use Plan entitled
"County of Albemarle, Virginia Cash Proffer Policy for Public Facilities" and the absence of an
affordable housing proffer. The County's cash proffer policy addresses public facilities that will be
funded by cash proffers: schools, transportation, parks, libraries and public safety. The policy
states:
"It is the policy of the County to require that the owner of property that is rezoned for residential
uses to provide cash proffers equivalent to the proportional value of the public facilities deemed
necessary to serve the proposed development on the property. Accordingly, the Board will accept
cash proffers for rezoning requests that permit residential uses in accordance with this policy.
However, the Board may also accept cash, land or in -kind improvements in accordance with County
and State law to address the impacts of the rezoning."
The updated cash proffer amounts, per dwelling unit, for CY 2009 consistent with the policy are as
follows:
Single Family Detached (SFD) _ $18,700.00;
Single Family Attached /Townhouse (SFA/TH) _ $12,700.00; and
Multifamily (MF) _ $13,200.00.
The County's Affordable Housing policy recommends that, at a minimum, 15% of all units
developed under rezoning and special use permits should be affordable as defined by the County's
Office of Housing and Housing Committee or a comparable contribution should be made to achieve
the affordable housing goals of the County.
The applicant has indicated to staff that the exchange of commercially zoned land for residentially
zoned land should be sufficient to off -set impacts from the residential development. For that
reason, the applicant has declined to offer affordable housing or other proffers for impacts from the
development.
In addition to items already described in this report, technical and substantive changes to the
proffers are needed prior to any action by the Board. The specific changes can be found in
Attachment J.
SUMMARY
Factors Favorable:
1. The residential use is more in keeping with the Land Use Plan than the approved
commercial use.
2. An extension of Viewmont Court and a relocated Hansens Mountain Road will be a
safety improvement for Ashcroft residents and can address many of the traffic impacts of
the development.
3. The residential use is less intensive than the approved commercial use and is expected
to have less of an impact on surrounding residential developments.
ZMA 2010 -01 Pantops Ridgc
PC Staff Rcport Page 10
Staff has identified the following factors unfavorable to this request:
Factors Unfavorable:
1. Proposed density is not in keeping with the Pantops Master Plan.
2. There is no commitment to retain Green space shown on the Pantops Master Plan.
3. No plan of development that could allow determination that goals from the Comprehensive Plan,
including the Pantops Master Plan, related to environmental preservation, design around a Central
Green, provision of amenities, provision of a mixture of housing types, and a pedestrian orientation
are met.
4. No traffic study has been provided. Without a traffic study, requirements of the state's Chapter 527
traffic study regulations have not been met and needed transportation improvements resulting
from the development cannot be confirmed, including the proposed relocation of Hansens
Mountain Road.
5. The proffers obligate the County or VDOT to acquire any needed land for the relocation of
Hansens Mountain Road utilizing funds proffered by the applicant without a commitment by the
applicant to attempt to acquire this land themselves. This puts the County or VDOT in the position
of potentially needing to condemn land owned by multiple property owners in order for the proffer
to be executed.
6. There is no commitment to accommodate transit in the development, nor is there a commitment of
any funding for public transit services.
7. There is no commitment to providing affordable housing.
8. There is no commitment to off -set the development's impacts on public facilities as stipulated in
Appendix B of the County Land Use Plan entitled "County of Albemarle, Virginia Cash Proffer
Policy for Public Facilities ".
9. Proffers are in need of substantive and technical changes.
Recommendation:
Staff believes that a residential development proposal could be made in this location that
would be in keeping with the County's Comprehensive Plan and also address impacts and
meet expectations for design. However, based on the factors noted as unfavorable in this
report, staff recommends denial of this rezoning.
PLANNING COMMISSION MOTION:
A. Should a Planning Commissioner choose to recommend approval of this rezoning:
Move to recommend approval of ZMA 2010 -00001 subject to the following: (which, at a
minimum, need to include technical changes to the proffers for them to be acceptable)
B. Should a Planning Commissioner choose to recommend denial of this rezoning:
Move to recommend denial of ZMA 2010 -00001 based on the factors unfavorable as
identified by staff or Move to recommend denial for the following reasons:
ATTACHMENTS:
A. ZMA 2010 -00001 Pantops Ridge Tax Map and Parcel
B. ZMA 2010 -00001 Pantops Ridge Location Map
C. ZMA 2010 -00001 Pantops Ridge Zoning Map
D. ZMA 2010 -00001 Pantops Ridge Comparison Map
E. Proffers dated October 18, 2010
F. ACSA comments provided by Gary Whelan
G. VDOT comments arovided by Joel DeNunzio
ZMA 2010 -01 Pantops Ridgc
PC Staff Rcport Page 11
H. Staff comments provided by Glenn Brooks, dated October 26, 2010
I. Approved final site plan Gazebo Plaza, dated 3 -13 -06
J. Technical and substantive proffer changes
ZMA 2010 -01 Pantops Ridge
PC Staff Report Page 12