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Home My WebLink AboutZMA200900005 Staff Report 2011-07-12COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 2009 - 00005, Kroger Fuel Staff: Judith C. Wiegand Center with a Canopy Planning Commission Public Hearing: Board of Supervisors Public Hearing: April 19, 2011 Not yet scheduled Owner(s): AEW SCT Rio Hill, LLC c/o Applicant: Chris Shust, P.E. Balzer and Rosenthall Properties LLC Associates, Inc., representing the applicant, Kroger Mid Atlantic Acreage: 30.985 Rezone from: Planned Development- Shopping Center (PD -SC), which allows shopping centers, retail sales and service uses; and residential by special use permit (15 units/ acre) to Planned Development- Shopping Center (PD -SC), which allows shopping centers, retail sales and service uses; and residential by special use permit (15 units/ acre) to allow construction of a fuel center with a canopy TMP: 045000000094AO By -right use: Shopping centers, retail sales and Location: 1980 Rio Hill Center in the service uses; and residential by special use permit southeast corner of the intersection of (15 units/ acre) Woodbrook Drive and Berkmar Drive in Neighborhood 1. (Attachment A) Magisterial District: Rio Proffers: No Proposal: Applicant wishes to add a fuel Requested # of Dwelling Units: N/A center with a canopy in the parking area in front of the existing Kroger store. (Attachment B) Development Area: Neighborhood 1 Comp. Plan Designation: Places29 Master Plan: Urban Mixed Use in a Community Center which allows a balanced mix of retail, housing, commercial, employment, and office uses, along with some institutional and open space uses. Character of Property: The property is now Use of Surrounding Properties: The property to developed as the Rio Hill Shopping Center. the north is also commercial retail (Lowe's), the property to the south is the Colonial Auto Center, the property to the west across Berkmar Drive is the Agnor -Hurt Elementary School, and to the east is US 29. Factors Favorable: Factors Unfavorable: 1. The proposed fuel center would allow "trip Staff has found no factors unfavorable to this chaining," which would mean that rezoning. fewer /shorter vehicle trips would be necessary. RECOMMENDATION: Staff recommends approval of ZMA 2009 - 00005, Kroger Fuel Center with Canopy as noted on the amended application plan (Attachment B). ZMA2009- 00005, Kroger Fuel Center with Canopy Planning Commission Public Hearing, April 19, 2011 Staff Report, Page 1 STAFF PERSON: Judith C. Wiegand PLANNING COMMISSION: April 19, 2011 ZMA 2009 - 00005, Kroger Fuel Center PETITION PROJECT: ZMA 2009 - 00005, Kroger Fuel Center w/ Canopy PROPOSAL: Rezone 30.985 acres from Planned Development- Shopping Center (PD -SC) zoning district which allows shopping centers, retail sales and service uses; and residential by special use permit (15 units/ acre) to Planned Development- Shopping Center (PD -SC) to allow construction of a fuel center with a canopy. PROFFERS: No EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Places29 Master Plan: Urban Mixed Use in a Community Center which allows a balanced mix of retail, housing, commercial, employment, and office uses, along with some institutional and open space uses in Neighborhood 1. ENTRANCE CORRIDOR: Yes LOCATION: 1980 Rio Hill Center in the southeast corner of the intersection of Woodbrook Drive and Berkmar Drive in Neighborhood 1. TAX MAP /PARCEL: TMP 045000000094AO MAGISTERIAL DISTRICT: Rio CHARACTER OF THE AREA The Kroger store is located in the center of the Rio Hill Shopping Center. The store leases the parking area directly in front of the store, including the area for the proposed fuel center. The property to the north of the shopping center is also commercial retail (Lowe's), the Colonial Auto Center is to the south, the Agnor -Hurt Elementary School is to the west across Berkmar Drive, and US 29 is to the east. This part of Neighborhood 1 is basically fully developed. SPECIFICS OF THE PROPOSAL The existing PD -SC zoning plan does not show a fuel center on the site. The applicant would like to add a fuel center for the use of Kroger customers and others. The proposed center would be located in a corner of the portion of the shopping center parking lot that is currently leased by Kroger. No proffers are proposed. APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant indicated in the application that the fuel center will serve a public need for a vehicular fuel center within the limits of an existing shopping center. PLANNING AND ZONING HISTORY This parcel was zoned Highway Commercial when the County approved a comprehensive rezoning in December 1987. ZMA 1987 -00007 (approved 9/2/1987) rezoned the property to Planned Development -Mixed Commercial. ZMA 2003 -00008 (approved 1/11/2006) rezoned a 1.21 acre portion of the shopping center adjacent to Berkmar Drive to Neighborhood Model District. The remaining 30.985 acres is subject to this rezoning. COMPREHENSIVE PLAN Places29 Master Plan: The Places29 Master Plan designates this parcel Urban Mixed Use in a Community Center, which allows a balanced mix of retail, housing, commercial, employment, ZMA2009- 00005, Kroger Fuel Center with Canopy Planning Commission Public Hearing, April 19, 2011 Staff Report, Page 2 and office uses, along with some institutional and open space uses. As an addition to an existing shopping center, the proposed fuel center is compatible with this designation. Parks and Green Systems Map: The Parks and Green Systems Map shows a "future civic space" in the shopping center. Staff believes that the best opportunity to develop a civic space or focal point would be at the time the shopping center redevelops in its entirety, not with this addition. There are no trails or environmental features shown in the shopping center. The Neighborhood Model: The Neighborhood Model describes the more "urban" form of development desired for the Development Areas. Staff notes that only a small portion of the shopping center will be affected by this rezoning, so the opportunity to improve the center's conformity with the Neighborhood Model is limited. Staff believes that the following principles of the Neighborhood Model are applicable: Parks and Open Space. No open space or parks are included in this shopping center, except for some landscaped islands in the parking lot and perimeter areas that contain trees. Although the Places29 Master Plan recommends a future civic space at this location, staff believes it is premature to expect it with this small site change. Buildings and Spaces of Human Scale. This project is in an Entrance Corridor, so the Architectural Review Board will ensure that the scale is appropriate to the surrounding area. Redevelopment. This ZMA would result in additional development of a small part of the existing parking lot in order to add the free - standing fuel center. This principle is met. Economic Vitality Action Plan The primary goal of the County's Economic Vitality Action Plan is to: Increase the County's economic vitality and future revenues through economic development by expanding the commercial tax base and supporting the creation of quality jobs for local residents. This Plan is developed for the benefit and economic well being, first, of current local residents and existing local businesses. Kroger is an existing local business currently located in the Rio Hills Shopping Center. The proposed new fuel center will expand the tax base and provide several additional jobs. Staff believes that this proposal is consistent with the goals and objectives of the Economic Vitality Action Plan. STAFF COMMENT Relationship between the application and the purpose and intent of the requested zoning district: The following section is an excerpt from the Zoning Ordinance. PD -SC districts are hereby created and may hereafter be established by amendment of the zoning map to permit the development of neighborhood, community and regional shopping centers in accordance with standards set forth in the comprehensive plan. PD -SC districts are intended to serve areas not conveniently and adequately provided with a broad range of commercial and service facilities. Regulations provided are intended to encourage planned commercial centers with carefully organized buildings, service areas, parking areas and landscaped areas. ZMA2009- 00005, Kroger Fuel Center with Canopy Planning Commission Public Hearing, April 19, 2011 Staff Report, Page 3 PD -SC districts shall have direct access to public streets adequate to accommodate traffic generated by the development. The Rio Hill Shopping Center meets the requirements of the Zoning Ordinance as set forth above; it serves the surrounding neighborhood and the larger community. The center contains a broad range of uses and adding a fuel center will increase the services available to patrons. The center has direct access to Woodbrook Drive and, via Myers Drive, to US 29 (Seminole Trail). Staff believes that the proposal also meets the intent of the PD -SC district because it would provide a fuel center in a location similar to other fuel centers co- located with grocery stores. Public need and justification for the change: The proposed fuel center located in the Rio Hill Shopping Center would allow "trip chaining," which occurs when shoppers are able to combine more than one errand into the same trip. This means that fewer /shorter vehicle trips would be necessary. Impact on Environmental, Cultural, and Historic Resources: There are no environmental, cultural, or historic resources on the shopping center property. Anticipated impact on public facilities and services: Streets: The fuel center is expected to serve those who are also patronizing the grocery store and /or other stores within the shopping center. Thus, there would be little, if any additional impact on the street network in the area. VDOT has reviewed the rezoning request and has no comments. Schools: There are no residences proposed as part of this zoning map amendment so there will be no impact on County schools. Fire and Rescue: The closest fire - rescue station is the Seminole station on Berkmar Drive. Utilities: Water and sewer are available on the site; there are no issues or impacts from this proposed fuel center. ACSA comments are included in Attachment C. Anticipated impact on nearby and surrounding properties: The proposed fuel center will be located in the center of the parking lot for the existing shopping center. The applicant worked extensively with the County Engineer to develop a plan that provides safe and convenient circulation throughout the affected portion of the site. No impacts are expected on nearby and surrounding properties. PROFFERS There are no proffers and none are needed. The amended application plan provides sufficient detail to ensure that the fuel center will be built as proposed. SUMMARY Staff has identified the following factors, which are favorable to this rezoning request: 1. The proposed fuel center would allow "trip chaining," which would mean that fewer /shorter vehicle trips would be necessary. Staff has found no factors unfavorable to this rezoning. RECOMMENDATION Staff recommends approval of ZMA 2009 - 00005, Kroger Fuel Center with Canopy as noted on the amended application plan (Attachment B). ZMA2009- 00005, Kroger Fuel Center with Canopy Planning Commission Public Hearing, April 19, 2011 Staff Report, Page 4 PLANNING COMMISSION MOTION: A. Should a Planning Commissioner choose to recommend approval of this zoning map amendment: Move to recommend approval of ZMA 2009 - 00005, Kroger Fuel Center with Canopy, as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this zoning map amendment: Move to recommend denial of ZMA2009- 00005, Kroger Fuel Center with Canopy. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENT A: Location Map ATTACHMENT B: Application Plan, dated February 16, 2011 ATTACHMENT C: ACSA Comments, dated December 11, 2009 ZMA2009- 00005, Kroger Fuel Center with Canopy Planning Commission Public Hearing, April 19, 2011 Staff Report, Page 5