HomeMy WebLinkAboutZMA201100007 Staff Report 2012-01-24COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 201100007 Albemarle
Staff: Claudette Grant
Place/Stonefield
Planning Commission Public Hearing:
Board of Supervisors Public Hearing: To Be
January 24, 2012
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 property
Requested # of Dwelling Units: 700 - 800
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: The property is
Use of Surrounding Properties: The
currently being graded and under construction.
surrounding properties provide a variety of uses,
The property is located in the northwest corner
including post office, residential, shopping
of the Route 29 North and Hydraulic Road
centers, and industrial.
intersection.
Factors Favorable:
Factors Unfavorable:
1. The rezoning request proposes District
1. The County would prefer a public road
Avenue to be a road design that would
to better assure long-term
be consistent with the Comprehensive
maintenance and better accommodate
Plan and the Neighborhood Model
potential road interconnections and
District.
extensions north of Greenbrier Road.
2. This rezoning request will not change
2. There are other outstanding technical
the site layout or intent of the original
items relating to the proffers that
rezoning.
should be addressed prior to a public
hearing with the Board of Supervisors.
RECOMMENDATION: Provided the applicant agrees and can address the outstanding proffer
issues and provides reservation for future dedication of District Avenue right-of-way, staff
recommends approval of ZMA201100007 inclusive of revised proffers.
Albemarle Place/Stonefield
PC Public Hearing 1/24/2012
STAFF PERSON: Claudette Grant
PLANNING COMMISSION: January 24, 2012
BOARD OF SUPERVISORS: To Be Determined
ZMA 201100007 Albemarle Place
PETITION
PROJECT: ZMA201100007AIbemarle 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
The subject site is being graded and under construction. 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
some hilly terrain.
SPECIFICS OF THE PROPOSAL
The applicant is requesting substantive modification of two proffers: Proffer 1.a. Phase 1 — amend to
allow construction of the first phase of District Avenue (formally known as Albemarle Place Boulevard)
to be complete when it is constructed in conformance with the plans approved by Albemarle County or
by the Virginia Department of Transportation ("VDOT"), and Proffer 1. b. Phase 2 — amend to allow the
construction of the second phase of District Avenue to be complete when it is constructed in
conformance with the plans approved by Albemarle County or by the VDOT and in any event the
County Engineer has approved it for vehicular travel. Additionally, revisions have been made to the
proffers referencing previous rezoning project numbers and regarding clarification of street names and
project name.
The applicant has submitted a request for a private street, which has been approved administratively
with the following conditions:
1. Approval of a rezoning to permit a private street within the Stonefield Development.
2. Approval of a maintenance agreement.
3. Approval of final road plan design by the County Engineer.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant would like the flexibility for District Avenue to be a private or public road. The request is
based on the applicant providing the following design elements:
1. A four-way stop condition at the intersection of Bond Street and District Avenue
2 Albemarle Place/Stonefield
PC Public Hearing 1/24/2012
2. Utilities under the pavement (water and sewer).
3. The elimination of the concrete gutter north of Houston Street.
4. Placement of street trees and sidewalk approximately 5 feet closer to the street.
5. Removal of some drains under the pavement.
The applicant would like street trees to be next to the road in order to make the road seem narrower,
potentially slow cars down, add a sense of character to the town center and provide more usable space
for on site improvements instead of the current VDOT requirement for ten feet of clear zone on either
side of a 25 mph road. Including additional utilities in the roadway, and four-way stops at intersections,
are not supported by VDOT, but could be allowed with a private road. The design elements requested
by the applicant as mentioned above are consistent with the Neighborhood Model District ("NMD"), for
which this development is zoned.
See the proffer section and Attachment D for additional details. The applicant wishes to create a
pedestrian friendly town center and believes that eliminating some of the requirements that are
characteristics for a public road will be helpful in creating this environment. At the same time the
applicant recognizes that the County may wish to have this road be public in the future. By providing
the proposed proffer amendments, the flexibility of a private or public road becomes easier to
implement. At this time the applicant has not proffered the reservation of the road's right-of-way for
dedication for public use as discussed with staff.
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.
ZMA2011-0004 — On August 5, 2011, the Board of Supervisors approved amendments to the proffers.
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 proposed proffer amendments will not only enhance the development but will further support the
County's desire to build a community that provides pedestrian orientation, neighborhood friendly streets
and paths and will provide an interconnected street and transportation network.
3 Albemarle Place/Stonefield
PC Public Hearing 1/24/2012
The Places 29 Master Plan does show District Avenue (referred to in the Places 29 Master Plan as
Albemarle Place Drive) as part of a roadway network serving this area. The Master Plan identifies the
potential to extend this road to Greenbrier Drive in order to enhance interconnection and the
transportation network in the Route 29 corridor. The flexibility in the proposed proffer amendment
allowing District Avenue to be public or private does not necessarily preclude the future extension of
this road. Should this road be extended north of the Stonefield development, the County would want the
entire length of the road to be a public road. This would ensure long term maintenance and operation
of the road, without the potential conflicts related to the general public's use of a road under private
ownership.
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. 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.
Anticipated impact on public facilities and services
The changes proposed to the proffers pertain primarily to 1) design and 2) ownership/control of District
Avenue which connects Route 29 and Hydraulic Road. The issue of ownership most relates to impacts
of the public facilities and services.
This road is recommended in the Comprehensive Plan and was required as part of the approval of this
project to provide an additional link in the roadway network in this area to help serve local traffic
demands in the area. It is considered a parallel road linking US29 and Hydraulic Road. The Places29
Master Plan also identifies a possible extension of the road to Greenbrier Drive at some point in the
future, which could be associated with redevelopment opportunities on properties north of Stonefield. It
is important to ensure that the County has the ability to obtain ownership of this road if needed in the
future.
Having a private road may initially be acceptable, with the property owner having control of the road, as
the development is built out. However, it will be important to ensure that, in the future, the road will be
adequately maintained to serve not only the customers/residents of the development but the through
traffic function of the road. It is also important to ensure the potential for District Avenue to
interconnect to other properties and be extended north of Greenbrier Drive as described in the Places
29 Master Plan, otherwise the long-term function and benefit of this link in the road network may be
compromised.
Anticipated impact on cultural and historic resources
None anticipated with these proffer amendments.
Anticipated impact on nearby and surrounding properties
None anticipated with these proffer amendments.
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. The proposed amendments would allow the
road design that is more in keeping with the neighborhood model principles than could be achieved as
4 Albemarle Place/Stonefield
PC Public Hearing 1/24/2012
public road under current VDOT standards. The status of the road as a private road may create
potential complications regarding long-term maintenance and create impediments to potential
extension/interconnection of the road in the future. Is there assurance that the owner can, and will,
provide long-term maintenance of a road intended to serve both the customers.and residents of the
development and through traffic as part of the overall road network in the area? Will the owner, or
future owners, oppose or preclude extension/interconnection of the road in the future? Providing for the
reservation of the road right-of-way for future dedication to the County would provide a mechanisms to
help to address these concerns.
PROFFERS
See Attachment C for the revised proffers. The following is an analysis of the proposed proffer
amendments.
Analysis of Amended F'rotters
Original Proffer Requested Amendment
1. Phasing of Albemarle Place Adds "Construction of the first phase of District
Improvements: The Owner shall phase Avenue shall be deemed complete when it is
development of the Project as follows: constructed in conformance with the plans
approved by Albemarle County or by the
A. Phase 1: Phase 1 of the Project shall be
composed of Blocks A, B, C and D as shown
on the Application Plan and as shown in more
detail on Exhibit A-1 attached hereto ("Phase
1 "), and shall include street and utility
improvements to serve the planned building
improvements contained within Phase 1. As
part of Phase 1, the Owner shall design and
construct Albemarle Place Boulevard (also
known as Fourth Street/Cedar Hill Road)
("Albemarle Place Boulevard") from Hydraulic
Road to the point where Albemarle Place
Boulevard connects with the new planned
western entrance to the Sperry Marine facility
in the location shown on the Application Plan,
and as shown in more detail on Exhibit A-1.
This first phase of Albemarle Place Boulevard
shall include all supporting utility infrastructure
on such street, and shall be completed prior to
issuance of a final certificate of occupancy for
any buildings within Blocks A, B, C and D.
Construction of the first phase of Albemarle
Place Boulevard shall be deemed complete
when it is constructed in conformance with the
plans approved by the Virginia Department of
Transportation ("VDOT") and the County
Engineer has approved it for vehicular travel.
No more than three hundred seventy thousand
(370,000) square feet of commercial space
and one hundred seventy (170) dwelling units
may be constructed within the Project until the
remainder of Albemarle Place Boulevard is
Virginia Department of Transportation
("VDOT"), as applicable, and in any event the
County Engineer has approved it for vehicular
travel."
The effect of this change is to provide enough
flexibility to permit the road to be public or
private.
Additional updates include references to new
street name, which change Albemarle Place
Boulevard to District Avenue.
5 Albemarle Place/Stonefield
PC Public Hearing 1/24/2012
constructed to the new planned intersection
with U.S. Route 29 as shown on the
Application Plan. Notwithstanding anything to
the contrary contained in this Paragraph 1 A,
the Owner shall be permitted to utilize portions
of the Phase 2 land (as shown on Exhibit A-1)
for the installation of infrastructure to serve the
Phase 1 building improvements to be
constructed in Blocks A, B, C and D.
B. Phase 2: Phase 2 of the Project shall be
composed of Blocks E, F and G as shown on
the Application Plan and as shown in more
detail on Exhibit A-1 ("Phase 2"), and shall
include street and utility improvements to
serve the planned building improvements
contained within Phase 2. As part of Phase 2,
the Owner shall design and construct
Albemarle Place Boulevard from the point
where it connects with the new planned
western entrance to the Sperry Marine facility
north and east through Blocks E, F and G to
the new planned intersection with U.S. Route
29 as shown on the Application Plan and as
shown in more detail on Exhibit A-1. This
second phase of Albemarle Place Boulevard
shall include all supporting utility infrastructure
on such street and shall be completed prior to
issuance of a final certificate of occupancy for
any buildings within Blocks E, F and G.
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 A-1) for the installation of
infrastructure to serve the Phase 1 building
improvements to be constructed in Blocks A,
B, C and D. Notwithstanding anything to the
contrary contained in this paragraph 1 B or in
paragraph 1A above, final certificates of
occupancy may be issued for buildings within
Blocks A, B, C, D or E beyond the threshold
levels contained in paragraph 1 A, provided
that the Owner (i) has constructed at least a
temporary road (at standards acceptable to
the Director of Community Development)
connecting the first phase of Albemarle Place
Similar to the description above, this adds
"Construction of the second phase of District
Avenue shall be deemed complete when it is
constructed in conformance with the plans
approved by Albemarle County or by the
VDOT, as applicable, and in any event the
County Engineer has approved it for vehicular
travel."
The effect of this change is to provide enough
flexibility to permit the road to be public or
private.
Additional updates include references to new
street name, which change Albemarle Place
Boulevard to District Avenue.
6 Albemarle Place/Stonefield
PC Public Hearing 1/24/2012
Boulevard to the new planned intersection with
U.S. Route 29, or (ii) can demonstrate during
the site plan review process, through traffic
analysis acceptable to the Director of
Community Development and VDOT, that
additional traffic from such buildings, when
aggregated with the traffic generated by the
uses for which certificates of occupancy have
been issued for buildings in Phase 1, will not
cause the Hydraulic Road/U.S. Route 29
intersection to fall below an acceptable level of
service.
The proffer document also includes updates to the name of the project and updates to new street
names. In summary, this rezoning amendment allows District Avenue (formerly called Albemarle
Place Boulevard) to become a private road instead of a public road. The intent of the developer is to
construct the road as a private road to achieve the desired road design. Besides changing who
controls and maintains the road, the proposed private road allows the applicant to eliminate some of
the road design elements required by VDOT for public roads. By allowing this road to be private, the
County is agreeing to the following changes to the design of the road:
1. Four-way stop condition at the intersection of Bond Street and District Avenue
2. Utilities under the pavement (water and sewer).
3. Elimination of the concrete gutter north of Houston Street.
4. Placement of street trees and sidewalk approximately 5 feet closer to the street.
5. Removal of some drains under the pavement.
VDOT determined that District Avenue (formerly called Stonefield Boulevard and Albemarle Place
Boulevard) as proposed by the developer is not eligible for state maintenance. VDOT classifies the
road as a collector road and the proposed road design is not consistent with the warrants and
standards allowed by VDOT for a collector road. Also VDOT is not in agreement with the proposed
location of the waterline for the development. (See Attachment D) As noted in Attachment D, there are
many aspects of the applicant's proposed changes that could be allowed by VDOT with some
adjustments, however, the applicant and VDOT are at an impasse regarding the proposed changes.
This situation has lead to the developer requesting the ability to construct the roads as private roads.
Regarding the road design, staff is supportive of the design as proposed by the applicant. Staff
suggests that if the Board of Supervisors chooses to approve the revised proffers to allow a private
road, it is recommended that the standards not be specifically called out. This will allow staff, developer,
and potentially VDOT to work out and modify, as necessary, the design details in the future.
Regarding the status of the road as a private road, staff is supportive of providing the option for the
road to be either public or private provided that the applicant reserves the road right -or -way for
dedication to the County.
There are a number of outstanding issues/updates related to the proffers that are not substantive in this
amendment request, but should be addressed at this time while the proffers are subject to amendment.
Please see Attachment E for the outstanding issues related to the proffers that should be addressed
prior to the Board public hearing.
SUMMARY
Staff has identified the following factors, which are favorable to this request:
% Albemarle Place/Stonefield
PC Public Hearing 1/24/2012
1. The rezoning request proposes District Avenue to be a road that would be
consistent with the Comprehensive Plan and the Neighborhood Model District.
2. This rezoning request will not change the site layout or intent of the original
rezoning.
Staff has identified the following factors which are unfavorable to this request:
1. The County would prefer a public road to better assure long-term maintenance
and better accommodate potential road interconnections and extensions north of
Greenbrier Road.
2. There are other outstanding technical items relating to the proffers that should be
addressed prior to a public hearing with the Board of Supervisors.
RECOMMENDATION
Provided the applicant agrees and can address the outstanding proffer issues and provides
reservation for future dedication of District Avenue right-of-way, staff recommends approval of
ZMA201100007 inclusive of revised proffers.
ATTACHMENTS
ATTACHMENT A — Vicinity Map
ATTACHMENT B — Zoning Map
ATTACHMENT C — Proffers dated December 5, 2011
ATTACHMENT D — Letter from D. Brent Sprinkel, dated November 8, 2011
ATTACHMENT E — Memorandum from Claudette Grant dated January 9, 2012
PLANNING COMMISSION MOTION:
A. Should a Planning Commissioner choose to recommend approval of this ZMA:
Move to recommend approval of ZMA201100007 subject to the proffers dated December 5, 2011
as recommended by staff.
B. Should a Planning Commissioner choose to recommend denial of this ZMA:
Move to recommend denial of ZMA201100007. Should a commissioner motion to recommend
denial, he or she should state the reason(s) for recommending denial.
Albemarle Place/Stonefield
PC Public Hearing 1/24/2012