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HomeMy WebLinkAboutZMA201100004 Staff Report 2011-07-12COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 201100004 Albemarle Staff: Wayne Cilimberg Place (aka Stonefield) Planning Commission Public Hearing: Board of Supervisors Public Hearing: To Be July 12, 2011 Determined Owners: Albemarle Place EAAP, LLC Applicant: Albemarle Place EAAP, LLC - c/o Tom Gallagher contact Valerie Long Acreage: Approximately 65 acres Rezone from: NMD, Neighborhood Model with proffers to NMD with amended proffers TMP: Tax Map Parcel(s) 061 WO-03-00-019AO, By -right use: Residential (3 — 34 units/acre) 061 WO-03-00-019BO, 061 WO -03-00-02300, mixed with commercial, service and industrial 061 WO -03-00-02400, 061 WO -03-00-02500 uses and retail sales and service uses. (See Attachments A and B) Magisterial District: Jack Jouett Proffers: Yes Proposal: Amend proffers regarding phasing of Requested # of Dwelling Units: 700 - 800 through road improvement and required inter - parcel street connections on property zoned NMD which allows residential (3 — 34 units/acre) mixed with commercial, service and industrial uses. No new dwellings or change in residential density proposed. DA (Development Area): Neighborhood 1 Comp. Plan Designation: Urban Mixed Use (in Destination Center); Urban Mixed Use (in areas around Centers); and Commercial Mixed Use. Character of Property: Primarily vacant and Use of Surrounding Properties: The currently being graded, the property is located in surrounding properties provide a variety of uses, the northwest corner of the Route 29 North and including post office, residential, shopping Hydraulic Road intersection. centers, and industrial. Factors Favorable: Factors Unfavorable: 1. The proposal reflects expected 1. The construction of the full Albemarle conditions while allowing some Place Blvd. urban cross-section from flexibility in the design and timing of the the western entrance to Sperry Marine full Albemarle Place Blvd. and the to Route 29 may not be in place until number and/or location of inter -parcel after certificates of occupancy (COs) connections that still assures streets have been issued in Blocks A, B, C, D are provided commensurate with the and E. needs generated by the development. 2. The rezoning does not create inconsistencies with the Comprehensive Plan. RECOMMENDATION: Staff recommends approval of this rezoning inclusive of the proffers dated June 6, 2011. Albemarle Place PC Public Hearing 7/12/2011 STAFF PERSON: Wayne Cilimberg PLANNING COMMISSION: July 12, 2011 BOARD OF SUPERVISORS: To Be Determined ZMA 201100004 Albemarle Place PETITION PROJECT: ZMA201100004AIbemarle Place Proffer Amendment PROPOSAL: Request to amend proffers on property zoned NMD which allows residential (3 — 34 units/acre) mixed with commercial, service and industrial uses. No new dwellings or change in residential density proposed. ENTRANCE CORRIDOR: Yes PROFFERS: Yes COMPREHENSIVE PLAN: Designated Urban Mixed Use (in Destination Center) — retail, residential, commercial, employment, office, institutional, and open space; Urban Mixed Use (in areas around Centers) — commercial and retail uses that are not accommodated in Centers; and Commercial Mixed Use — commercial, retail, employment uses, with supporting residential, office, or institutional uses. LOCATION: Northwest corner Hydraulic Road (Rt. 743) and Seminole Trail (US 29) in Neighborhood 1. TAX MAP/PARCEL: 061 WO-03-00-019AO, 061 WO -03-00-019130, 061 WO -03-00-02300, 061 WO -03-00- 02400, 061 WO -03-00-02500 MAGISTERIAL DISTRICT: Jack Jouett CHARACTER OF THE AREA While most of the subject site is vacant and undeveloped, grading has recently begun on the site. The site fronts on Route 29, a major arterial road, and Hydraulic Rd. There are several commercial establishments located in the vicinity as well as residential neighborhoods. Two small intermittent streams have been present on the site. The site has been heavily wooded with some hilly terrain. SPECIFICS OF THE PROPOSAL The applicant is requesting substantive modification of two proffers: Proffer 1.b. Phase 2 — amend to allow the northern portion of the through street (Albemarle Place Blvd.) connecting Route 29 and Hydraulic Road to be built during the development of Blocks A, B, C, D and E as a temporary road or delayed if determined acceptable based on traffic analysis at time of site plan review, and Proffer 13. Other Street Block Connections — amend to remove one potential interconnecting street and allow modification of the location and number of other interconnecting streets upon variation by the Planning Director. Additionally, Proffer 2. would be amended to reference the correct State Code section. See the proffer section later in this report for a detailed analysis. APPLICANT'S JUSTIFICATION FOR THE REQUEST The buildings in Block E are apartments and were originally planned for Phase 2 of the Project. For various reasons, the Owners would like to have the flexibility to construct the Block E buildings either as part of Phase 1, or just after Phase 1 but before the other Phase 2 blocks (F and G) and before the final alignment of the second phase of Albemarle Place Boulevard is in place. Representatives of Edens & Avant discussed this proposal with County staff. If the Block E buildings are built before the final alignment of the second phase of Albemarle Place Boulevard is in place, the Owners would likely build a temporary road in a slightly different location than as shown on the Application Plan to provide a connection to the new planned intersection at Albemarle Place Boulevard and U.S. Route 29. Then, when the remainder of Phase 2 is constructed (Blocks F and G), the temporary road would be replaced by the permanent road in the final location shown on the application plan. This proposed amendment to the proffers resulting from discussions with staff is contained in paragraph (proffer) 1.b. of the proffers. Albemarle Place PC Public Hearing 7/12/2011 One other proposed change is contained in paragraph (proffer) 13. and involves the "Super Block" Street Connections. Since the proffer amendment was approved in August, 2010, the Albemarle Place engineers have been working on the revised preliminary site plan for the project with Current Development staff. It has become clear that one of the future connections will not occur, and that others may never occur as well. As such, staff has suggested that the reference to the connection at Second Street be deleted, and that a sentence be added making it clear that the County can permit the locations and numbers of such inter-parcel connections to be modified by the Owner. PLANNING AND ZONING HISTORY CPA 1997-0006 — Change the Comprehensive Plan land use designation from Industrial Service to Regional Service to allow for a large, retail destination store on the site. This proposal did not have a mixed—use component. The applicant withdrew the proposal prior to any Planning Commission action. CPA 2001-0004 - In 2002, the Board of Supervisors approved the Hydraulic Super Block Comprehensive Plan Amendment. ZMA 2001-0007 - On October 22, 2003, the Board of Supervisors approved Albemarle Place with proffers, amended exhibits, Code of Development and application plan. ZMA 2008-0003 — On August 4, 2010, the Board of Supervisors approved amendments to the proffers and Code of Development. COMPREHENSIVE PLAN With the adoption of Places 29, the land use plan now designates the subject property as Urban Mixed Use (in Destination Center) with retail, residential, commercial, employment, office, institutional, and open space; Urban Mixed Use (in areas around Centers) with commercial and retail uses that are not accommodated in Centers; and Commercial Mixed Use with commercial, retail, employment uses, with supporting residential, office, or institutional uses. These designations allow a range of retail, housing, commercial, employment, and office uses that are located along major roadways and also provide pedestrian and bicycle access. This request does not propose to change the land uses previously approved for Albemarle Place and found to be in accord with the comprehensive plan designations. The one principle of the Neighborhood Model affected by the proposed proffer amendments is Interconnected Streets and Transportation Networks. While the design, timing, number and/or location of the through street and the interconnections can be changed by the proposed amendments, interconnection of Route 29 and Hydraulic Road and other possible inter-parcel connections will still be evaluated and provided as determined necessary by staff based on traffic analyses and other information provided in conjunction with the review of site plans. Relationship between the application and the purpose and intent of the requested zoning district Neighborhood Model Districts are intended to provide for compact, mixed-use development with an urban scale, massing, density, and an infrastructure configuration that integrates diversified uses within close proximity to each other within the development areas identified in the comprehensive plan. This project continues to be consistent with the intent of the NMD district as the mix of uses within this development will provide appropriate services and activities on a neighborhood, community and regional scale. The proposed proffer amendments do not violate the intent of the Neighborhood Model District. Albemarle Place PC Public Hearing 7/12/2011 Anticipated impact on public facilities and services The changes proposed to the proffers pertain exclusively to the design and/or timing of Albemarle Place Blvd. connecting Route 29 and Hydraulic Road and the number and location of other interconnecting streets. The flexibility in the provision of these streets will be determined with traffic analyses during site plan review so as not to negatively impact the existing street infrastructure. No other public facilities and services will be affected by these proffer amendments. Anticipated impact on cultural and historic resources None anticipated with these proffer amendments. Anticipated impact on nearby and surrounding properties Changes to the affect on traffic in the area would be the potential impact that would result from these proffer amendments. How Albemarle Place Blvd. is connected between Route 29 and Hydraulic Rd. will be determined with traffic analyses during site plan review so as not to negatively impact the existing street infrastructure. Discretion as to the number and location of inter -parcel connections to adjacent properties is now allowed which can better address physical conditions including topography and existing development. Public need and justification for the change These proffer amendments do not affect this project's provision of a mixture of commercial, office, and residential uses on a regional scale in Albemarle County. Office and commercial uses resulting from this development will continue to not only provide services, but also employment opportunities for residents in close proximity to where they live which can serve to mitigate transportation impacts. PROFFERS See Attachment D for the revised proffers. Attachments E and F are the Regulating Block Plan and the Short Term Transportation Improvements. The following is an analysis of the proposed proffer amendments. Analysis of Amended Proffers Original Proffer Requested Amendment 1. B. Phase 2 — States, "Phase 2 of the Project Adds, `Notwithstanding anything to the shall be composed of Blocks E, F and G as contrary contained in this paragraph 1B or in shown on the Application Plan and as shown paragraph lA above, final certificates of in more detail on Exhibit A-1 ("Phase 2'), and occupancy may be issued for buildings within shall include street and utility improvements to Blocks A, B, C, D or E beyond the threshold serve the planned building improvements levels contained in paragraph 1A, provided contained within Phase 2. As part of Phase 2, that the Owner (i) has constructed at least a the Owner shall design and construct temporary road (at standards acceptable to Albemarle Place Boulevard from the point the Director of Community Development) where it connects with the new planned connecting the first phase of Albemarle Place western entrance to the Sperry Marine facility Boulevard to the new planned intersection with north and east through Blocks E, F and G to U.S. Route 29, or (ii) can demonstrate during the new planned intersection with U. S. Route the site plan review process, through traffic 29 as shown on the Application Plan and as analysis acceptable to the Director of shown in more detail on Exhibit A-1. This Community Development and VDOT, that second phase of Albemarle Place Boulevard additional traffic from such buildings, when shall include all supporting utility infrastructure aggregated with the traffic generated by the on such street and shall be completed prior to uses for which certificates of occupancy have issuance of a final certificate of occupancy for been issued for buildings in Phase 1, will not any buildings within Blocks E, F and G. cause the Hydraulic Road/U.S. Route 29 Albemarle Place PC Public Hearing 7/12/2011 Construction of the second phase of Albemarle Place Boulevard shall be deemed complete when it is constructed in conformance with the plans approved by VDOT and the County Engineer has approved it for vehicular travel. Notwithstanding anything to the contrary contained in this Paragraph 1 B, the Owner shall be permitted to utilize portions of the Phase 2 land (as shown on Exhibit 1-A) for the installation of infrastructure to serve the Phase 1 building improvements to be constructed in Blocks A, B, C and D. " 2. Community Development Authority Participation — States, "Upon request by the County, the Owner shall petition for and consent to all tax map parcels used for non- residential purposes participating in a Community Development Authority ("CDA') established pursuant to Section 15.2-4142, et seq. of the Code of Virginia ("Code') to be created for the purpose of implementing Route 29 regional transportation improvements, including but not limited to transportation improvements within the "Super Block" (the geographical area bounded by Route 29, Hydraulic Road, Commonwealth Drive, and Greenbrier Drive) and intersectional improvements associated therewith." 13. Other "Super Block" Street Connections — States, "The Owner shall reserve land and grant construction and permanent access easements or right of way at no expense to the County for the purposes of future construction (by others) of inter - parcel street connections within the "Super Block" at the following locations; First Street (to west to Commonwealth Drive), second Street (to west to Commonwealth Drive), Third Street (to west to Commonwealth Drive), Cedar Hill Road Extended (in Block F north to "Comdial Property'), Fourth Street (between intersection to fall below an acceptable level of service. " The effect of this change is to delay construction of the full Albemarle Place Blvd. urban cross-section from the western entrance to Sperry Marine to Route 29 until development of Blocks F and G and allow final COs to be issued in Blocks A, B, C, D and E under one of two conditions: 1) construction of a temporary road in lieu of the full urban cross- section, or, 2) based on traffic analysis acceptable to the County and VDOT, no construction as long as an acceptable level of service is maintained at the Route 29/Hydraulic Rd. intersection. Currently, the proffers would require the full Albemarle Place Blvd. urban cross-section to be completed from the western entrance to Sperry Marine to Route 29 before the issuance of a final CO for any building in Blocks E, F and G. Referenced state code section corrected to Section 15.2-5152. 6. Removes, "Second Street (to west to Commonwealth Drive)"as an inter -parcel connection, and adds, "However, the locations and numbers of such inter -parcel street connections may be modified by the Owner upon a variation granted by the County Planning Director. " The effect of this change is to reduce one potential inter -parcel connection and to allow flexibility in determining the number and locations of other inter -parcel connections. Albemarle Place PC Public Hearing 7/12/2011 Blocks F and G north to "Comdial Property'), Swanson Road Extended (to north to "Sperry Property') and at two additional locations into Sperry Property. "The locations for easement or right of way reservation and dedication are as generally depicted on Exhibit A and labeled thereon as "Future Extension. " These easement or right of way locations shall be identified, platted and dedicated at the request of the County in conjunction with subsequent site plan applications for Albemarle Place." On the surface, these proffer changes may appear to relieve the applicant of necessary and important transportation improvements in association with this project. However, discussions with the applicant and VDOT and staff review have concluded the following: Regarding Albemarle Place Blvd. — The full Albemarle Place Blvd. urban cross- section will be completed from Hydraulic Rd. to the western entrance to Sperry Marine before any CO is issued in Blocks A, B, C and D. Furthermore, frontage improvements on Hydraulic Rd. and Route 29 will be constructed as a prerequisite to the issuance of any CO by the County and should be completed before Albemarle Place Blvd. would be constructed between the western entrance to Sperry Marine and Route 29 as required by the existing proffers. These frontage improvements will result in improved traffic flow along and at the intersection of Hydraulic and Route 29 which will obviate the need for constructing the full Albemarle Place Blvd. urban cross-section from the western entrance to Sperry Marine to Route 29. Finally, construction of Albemarle Place Blvd. from the western entrance to Sperry Marine to Route 29 would occur in an area of future development within which infrastructure for utilities and an urban cross-section street cannot be completed until development takes place. Therefore, in lieu of the full urban cross-section, staff believes a temporary road is acceptable until the development of Blocks F and G. It should be noted that this temporary road is not likely to be a public road and its maintenance will be the responsibility of the developer. Staff has also indicated to the developer that a pedestrian path will need to be provided along the temporary road to provide pedestrian access from the Route 29 sidewalk to the initially developed areas of Albemarle Place. The requested proffer amendment also allows the opportunity for construction of this road connecting the western entrance to Sperry Marine to Route 29 to be delayed based on a traffic analysis provided in the site plan review process that is acceptable to the County and VDOT. While providing some flexibility to the developer regarding this obligation, the County's ability to require construction of this road when needed remains. Regarding inter -parcel connections — Preliminary site plan review has revealed that it may be very difficult to reasonably achieve all of the proffered connections based on existing physical conditions including topography and existing development. In particular, the Second Street connection is particularly problematic due to grade differences. Staff believes that removal of this connection is reasonable and staff discretion as to the number and location of other inter - parcel connections to adjacent properties through the variation process can best address existing and future conditions. Albemarle Place PC Public Hearing 7/12/2011 SUMMARY Staff has identified the following factors, which are favorable to this request: 1. The proposal reflects expected conditions while allowing some flexibility in the design and timing of the full Albemarle Place Blvd. and the number and/or location of inter - parcel connections that still assures streets are provided commensurate with the needs generated by the development. 2. The rezoning does not create inconsistencies with the Comprehensive Plan. Staff has identified the following factors which are unfavorable to this request: 1. The construction of the full Albemarle Place Blvd. urban cross-section from the western entrance to Sperry Marine to Route 29 may not be in place until after COs have been issued in Blocks A, B, C, D and E. RECOMMENDATION While the full urban cross-section completion of Albemarle Place Blvd. will likely be delayed and anticipated inter -parcel connections will change, staff finds that the requested proffer amendments reflect expected conditions and allow some flexibility that still assures streets are provided commensurate with the needs generated by the development. Therefore, staff recommends approval of this rezoning inclusive of the proffers dated June 6, 2011. ATTACHMENTS ATTACHMENT A — Vicinity Map ATTACHMENT B — Zoning Map ATTACHMENT C — Applicant Submittal/Re-submittal Letters ATTACHMENT D — Proffers dated June 6, 2011 ATTACHMENT E — Regulating Block Plan ATTACHMENT F — Short Term Transportation Improvements PLANNING COMMISSION MOTION: A. Should a Planning Commissioner choose to recommend approval of this ZMA: Move to recommend approval of ZMA201100004 subject to the proffers dated June 6, 2011 as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this ZMA: Move to recommend denial of ZMA201100004. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. Albemarle Place PC Public Hearing 7/12/2011