HomeMy WebLinkAboutZMA201000013 Staff Report Zoning Map Amendment 2011-02-08COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 2010 - 00013, Hollymead
Staff: Judith Wiegand, Senior Planner
Town Center, Area A -2
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
February 8, 2011
Not scheduled
Owner(s): Route 29, LLC
Applicant: Wendell Wood, Nena Harrell
Acreage: 44.29 acres
Rezone from: NMD to NMD to allow changes to the
Proffers.
TMP: TMP 03200000004500,
By -right use: The Hollymead Town Center, Area A -2
03200000005000
is zoned Neighborhood Model District (NMD), which
Location: These two parcels are located
allows a mixture of residential and commercial uses.
west of US 29 and are accessed from
Towncenter Drive. They are between Area A-
1 where the Kohl's is now under construction
and the Forest Springs Mobile Home
Park.(See Attachment A)
Magisterial District: Rio
Proffers: Yes
Proposal: To amend the proffers for
Requested # of Dwelling Units: A maximum of
Hollymead Town Center, Area A -2 to make
1222 dwelling units is allowed in HTC A -2. This
substantive changes relating to open space,
rezoning does not change the maximum number of
phasing, and road improvements.
units.
DA (Development Area): Community of
Comp. Plan Designation: Town Center, Urban
Hollymead
Density Residential, and Parks and Greenways
Character of Property: The property has
Use of Surrounding Properties: Hollymead Town
been graded, but is undeveloped. Some
Center Area B containing the Harris Teeter /Target
steep slopes remain at the edges of the two
Shopping Center is located to the northeast. A Kohl's
vacant parcels.
is under construction to the east in Area A -1, which
will be nonresidential when developed. The Abington
Place townhome development is located in Area D to
the north across Towncenter Drive. The Forest
Springs Mobile Home Park is located to the west. The
Powell Creek Greenway is located to the south.
Factors Favorable:
Factors Unfavorable:
1. The change in the phasing (Proffer 11) to
1. The reduction in the size of the Pocket Park
allow fewer residential building permits to
removes an important amenity which was identified
be issued prior to issuance of a
by the Planning Commission at an earlier public
commercial building permit is more realistic
hearing.
in this economic climate than it was when
2. The dedication and construction of the remaining
the original zoning was approved.
segment of Meeting Street has not been proffered.
RECOMMENDATION: Staff does not recommend approval of the rezoning unless the substantive and
technical changes identified in this staff report are addressed.
STAFF PERSON: Judith Wiegand, AICP
PLANNING COMMISSION: February 8, 2011
ZMA 2010 - 00013, Hollymead Town Center, Area A -2
PETITION
PROJECT: ZMA 2010 -00013 Hollymead Town Center (A -2)
PROPOSAL: Rezone 44.29 acres from Neighborhood Model District zoning district which allows
residential (3 – 34 units /acre) mixed with commercial, service and industrial uses to Neighborhood
Model District zoning district which allows residential (3 – 34 units /acre) mixed with commercial, service
and industrial uses, in order to amend the existing proffers.
PROFFERS: Yes
EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Town /Village 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 the Hollymead Development
Area.
ENTRANCE CORRIDOR: No
LOCATION: Hollymead Town Center Area A -2, the southwest quadrant of Seminole Trail (US 29) and
Towncenter Drive to the west of Area A -1 in the Hollymead Development Area
TAX MAP /PARCEL: 03200000004500, 03200000005000
MAGISTERIAL DISTRICT: Rio
CHARACTER OF THE AREA
The location of the rezoning is shown on Attachment A. Area A -2 is part of the larger Hollymead Town
Center development, a mixed use development that, when complete, will include retail, commercial,
and residential uses. The area to the northeast that includes the Harris - Teeter and Target stores is
built, the Abington Places townhomes have been constructed. Area A -1 to the east will be the site of
the new Kohl's and other nonresidential uses now under construction. The southern edge of the Town
Center is formed by the Powell Creek Greenway.
SPECIFICS OF THE PROPOSAL
On November 10, 2010, the Board approved ZMA 2010 - 00006, Hollymead Town Center, Area A -2, that
permitted changes to the Code of Development, the Application Plan, and nonsubstantive changes to
the Proffers.
This ZMA is the applicant's request to make modifications to two of the Proffers: to reduce the size of
the Pocket Park and to reduce the number of dwelling units for which a building permit must be issued
before a building permit can be issued for any commercial space. The proposed Proffers are included
in Attachment B.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
In the application, the Applicant states:
At the time the original proffers were made in 2007, the subject property was owned by others and
the economic climate was strong. There were proffers made at that time that cannot be achieved
today (although I do not believe they could have been economically feasible in 2007 either). After
financial hardship, the property has been taken back by the Seller through a Deed in Lieu of
Foreclosure.
ZMA2010 -00013
Planning Commission Public Hearing, February 8, 2011
Staff Report Page 2
We are requesting that Proffer 11, Phasing Plan, be amended to allow commercial development
upon the issuance of 31 residential building permits rather than 100 residential building permits as
stated in the original proffer.
We are also requesting that the size of the Pocket Park be amended to 4,500 SF. The parking
required for the proposed development will not allow the Park as originally proffered.
PLANNING AND ZONING HISTORY
A detailed history was provided in the staff report for ZMA 2010 -00006 (approved on November 10,
2010), which amended the Code of Development to allow an indoor theater in Block B, to change the
alignment of the midblock road in Block B on the Application Plan, and to amend the Proffers to make
certain nonsubstantive changes that were essential to the rezoning.
COMPREHENSIVE PLAN
Land Use Plan:
In 2001, the Board of Supervisors approved a Comprehensive Plan Amendment (CPA) for the
entire Hollymead Town Center development, including A "Conceptual Master Plan & Guidelines for
Hollymead Town Center" (the "Guidelines "). During the original rezoning for Area A -2 (2007) the
proposed development was evaluated for conformity with the Land Use Plan in the Comprehensive
Plan and was found to be in compliance.
However, in evaluating this ZMA, the Applicant's proposed change to the size of the Pocket Park
(Proffer 6) does not conform to the size and purpose of the "Public Space" that is shown on the
Master Plan in the Guidelines and described in the text. The Guidelines recommend a Park of
approximately 10,000 square feet at each end of a "Main Street" (now named Lockwood Drive) that
would serve as a communal gathering space for the residents living nearby— which, ultimately,
could be as many as 1,222 residences.
The Applicant's proposed change to the phasing (Proffer 11) and the County's requested change to
the road improvements (which would be part of Proffer 2) would both be in compliance with the
Comprehensive Plan.
Proposed Places 29 Plan:
The proposed Places 29 Master Plan retains the key features of the 2001 Comprehensive Plan
amendment. The proposed change to the Proffer 6, Pocket Park would not be in compliance with
Places29 because the Guidelines remain in effect. The proposed changes to Proffer 11, Phasing Plan
and Proffer 2, Road Improvements, would be in compliance with the draft Places 29 Master Plan.
The Neighborhood Model:
Three Neighborhood Model principles are relevant to the proposed proffer amendments for Area A -2:
Interconnected Streets and Transportation Networks. Meeting Street from the intersection with
Town Center Drive south to the southern boundary of Area A -2 will be essential to provide safe
and convenient access to uses in the Hollymead Town Center and to provide connections to
other parts of the County's transportation network. The timing for dedication and construction of
the portion of Meeting Street related to construction of the uses in Area A -1 was taken care of
with ZMA 2010 - 00014, approved on January 12, 2011. A similar change is needed for Meeting
Street in Area A -2 to allow for the timely connection of Berkmar Drive Extended into Hollymead
Town Center.
ZMA2010 -00013
Planning Commission Public Hearing, February 8, 2011
Staff Report Page 3
2. Parks and Open Space. If approved, the proposed change to Proffer 6, Pocket Park, would
mean that the open space provided no longer meets the 20% requirement for open space in
Area A -2, as stated in the Code of Development (Table E). (See Staff Comment below) This
principle is not met.
3. Mixture of Uses. In 2007, Area A -2 was rezoned to allow both residential and nonresidential
uses. Proffer 11, Phasing Plan, required that a portion of the residential units be built before
commercial uses, in order to ensure that both the residential units and the commercial buildings
would be built. Changing the proffer language to allow the indoor theater building permit to be
pulled after building permits are issued for a smaller number of residential units maintains the
intended expectation for both residential and nonresidential uses. (See Staff Comment below)
This principle is met.
STAFF COMMENT
Staff will comment on each of the proposed Proffer changes: Proffer 6, Pocket Park, Proffer 11,
Phasing Plan, and Proffer 2, Road Improvements.
Proffer 6. Pocket Park. The Applicant would like to amend this proffer to decrease the required size of
the Pocket Park from "approximately 10,000 square feet," as approved with the original rezoning in
2007, to "approximately 4,500 square feet." This substantive change would be necessary in order to
allow development to take place according to the Application Plan approved on November 10, 2010
(ZMA 2010 - 00006). The November 2010 rezoning was approved with the understanding that the
existing proffer from 2007 still governed, and it would have to be changed for the park to be built at the
size shown on the Application Plan.
The Planning Commission discussed this item at its meeting on September 21, 2010, when the Block B
Application Plan change was requested (ZMA 2010 - 00006). The Commission directed specifically that
the parks and public spaces should be labeled on the Application Plan and should be generally
consistent with the size and number shown on the original Application Plan. There was significant
discussion at that meeting about the need for this amenity because of the amount of development
included in this area of the Town Center. While much of the open space for Area A -2 is in the
Greenway, the Commission noted the difficulty of access to the Greenway and directed that the trail
should be shown on the other (south) side of the Greenway with a bridge to allow access to the trail.
One of the features of the Neighborhood Model District is the requirement for 20% open space and
20% amenity space (these can overlap). The original application, approved in 2007, met this
requirement. This requested change will not. Table E from the current Code of Development shows:
ZMA2010 -00013
Planning Commission Public Hearing, February 8, 2011
Staff Report Page 4
Table E
Minimum Green Space, Civic and Amenity Area
Total Area (sq. ft.)
Block A
Powell Creek Greenway
143,750
Block B
Powell Creek Greenway
148,100
Pocket Park
14,500
Neighborhood Center
38,000
Block C
Linear Park
41,600
Powell Creek Greenway
39,200
Block D
Linear Park
12,600
Central Plaza
30,000
Total
467,750
Total Area = 10.7 acres = 20% Area A -2
From this table, one can see that the Powell Creek Greenway provides 70 percent of the amenity area
for the development. As was discussed at the September 21 meeting, the amenity aspect of the
greenway is minimal. When the greenway acreage is removed from the 20 percent "Minimum Green
Space, Civic and Amenity Area," what is left as central public space is about 6 percent of the entire
development. If the Applicant is not required to replace this 5,.500 SF, public space will be taken away
from future residents who need communal amenity areas in such a dense development. Staff
acknowledges the character of Block B is changed with the addition of the theater. While the full
amount of 10,000 square feet amenity area may not be needed at this location, staff believes it should
be made up in another part of the Town Center that is easily accessible to residents.
Proffer 11. Phasing Plan. The Applicant would like to amend this proffer to permit issuance of the first
building permit for commercial space after issuance of building permits for fewer residential units than
required in the original proffer. The Applicant proposes a three - tiered phasing plan to replace the
original two - tiered plan. This three - tiered plan is more realistic in today's market.
The proposed Proffer language reads:
11. Phasing Plan. Prior to building permits that would authorize up to 75,000 square feet of
commercial /office, building permits shall have been issued for at least 30 residential units.
Prior to building permits that would authorize up to 200,000 sq ft of commercial /office, building
permits shall have been issued for at least residential units (total). Prior to building permits
that would authorize more than 200,000 sq ft of commercial /office, building permits shall have
been issued for at least 600 residential units.
The changes proposed to Proffer 11, Phasing Plan, would be in compliance with the purpose and intent
of the NMD which is to ensure a mixture of uses. However, staff believes a slightly lower number of
units would allow flexibility to provide different sizes of dwelling units and allow more opportunity to
ZMA2010 -00013
Planning Commission Public Hearing, February 8, 2011
Staff Report Page 5
retain the designated amenity areas. Staff suggests the minimum number of units be lowered from 30
to 25.
A comparison of the approved (2007) language and the proposed (2010) language:
Changing the phasing plan is not expected to have any impact on nearby and surrounding properties,
although constructing the indoor theater in conjunction with fewer dwelling units may mean that
residents of dwelling units constructed later would not have to deal with the impacts of theater
construction.
Proffer 2. Road Improvements. As part of this rezoning, staff feels the Applicant should make a
commitment to provide for dedication and construction of the segment of Meeting Street from just south
of the intersection of the unnamed road that provides access to Area A -1 (the Kohl's) and Area A -2 (the
indoor theater) to the southern property line of Area A -2, upon request of the County. The segment of
Meeting Street the County requested is shown within the oval on the map below. Staff understood the
Applicant to agree to make this change during the amendment to the Hollymead Town Center Al and
A2 proffer discussions. The absence of this commitment creates a barrier to efficient provision of the
extension of Berkmar Drive Extended into the Hollymead Town Center as has been intended with the
original Hollymead Town Center CPA and Places29 Master Plan.
ZMA2010 -00013
Planning Commission Public Hearing, February 8, 2011
Staff Report Page 6
2007 Rezoning Language
Proposed 2010 Language
Required:
For:
1
30 dwelling units
Up to 75,000 SF of
commercial /office space
Required:
For:
Required:
For:
2
100 dwelling units
Any commercial/
100 dwelling units
Up to 200,000 SF of
office space
commercial /office space
Required:
For:
Required:
For:
3
600 dwelling units
Over 200,000 SF
600 dwelling units
Over 200,000 SF of
commercial/ office
commercial /office space
space
Changing the phasing plan is not expected to have any impact on nearby and surrounding properties,
although constructing the indoor theater in conjunction with fewer dwelling units may mean that
residents of dwelling units constructed later would not have to deal with the impacts of theater
construction.
Proffer 2. Road Improvements. As part of this rezoning, staff feels the Applicant should make a
commitment to provide for dedication and construction of the segment of Meeting Street from just south
of the intersection of the unnamed road that provides access to Area A -1 (the Kohl's) and Area A -2 (the
indoor theater) to the southern property line of Area A -2, upon request of the County. The segment of
Meeting Street the County requested is shown within the oval on the map below. Staff understood the
Applicant to agree to make this change during the amendment to the Hollymead Town Center Al and
A2 proffer discussions. The absence of this commitment creates a barrier to efficient provision of the
extension of Berkmar Drive Extended into the Hollymead Town Center as has been intended with the
original Hollymead Town Center CPA and Places29 Master Plan.
ZMA2010 -00013
Planning Commission Public Hearing, February 8, 2011
Staff Report Page 6
This commitment would also:
• Provide access between Hollymead Town Center and adjacent properties without using US 29.
• Provide the remaining link in a major parallel road to US 29, which will be a major part of the
County's transportation network.
Staff notes that the alignment and cross section of the road are not being changed from what was
originally anticipated with the 2007 rezoning.
PROFFERS: Outstanding Issues
Staff believes that the following substantive issues should be addressed before the proposed Proffers
can be approved:
Proffer 6, Pocket Park. As previously stated, staff believes either the full 10,000 square feet should be
provided in the area shown on the original (2007) Application Plan or another Pocket Park with at least
5,500 square feet should be provided within walking distance of the residential units in Block B. Staff
notes that the original layout of uses in Block B has changed since the indoor theater was added. At
this time, the Pocket Park is an amenity that will serve theater patrons primarily. Therefore, staff would
support creation of another Pocket Park, 5,500 square feet in size, located where it would serve the
residential uses planned in Block B.
If the applicant declines to add 5,500 square feet of public space in another part of the developemnt,
then the Code of Development must be revised to reflect the decrease and to be in agreement with the
proffer.
Proffer 11, Phasing Plan. In order to allow flexibility for the developer to provide different sizes of
dwelling units and retain amenity areas, staff suggests that the minimum number of units required for
issuance of a building permit for 75,000 SF of commercial /office space be 25 instead of the 30 now
listed in this proffer.
Proffer 2, Road Improvements. The southernmost segment of Meeting Street, from just south of the
intersection with the unnamed road that provides access to Area A -1 (Kohl's) and A -2, Block B (indoor
theater) to the southern boundary of Area A -2 should be included in Proffer 2, Road Improvements,
with language that would permit the County to request dedication and construction of the road at the
time it is needed.
Technical Changes Needed:
At present, the Proffers are not in agreement with the Code of Development. Prior to an action by the
Board, changes will be needed. If the Board believes that the 5,500 SF needs to be provided in another
part of Area A -2, then the Code of Development, Application Plan, and Proffers will all need to be
revised prior to action by the Board.
In addition to the substantive issues listed above, there are several changes to the proffers which staff
has requested to clarify questions which have been raised with site plans, clarify the status of proffers
made in 2007, and to provide ease in understanding and enforcement of the proffers. These technical
changes have been provided to the applicant.
SUMMARY
Staff has identified the following factors that are favorable to this rezoning request:
1. The change in the phasing (Proffer 11) to allow fewer residential building permits to be issued
ZMA2010 -00013
Planning Commission Public Hearing, February 8, 2011
Staff Report Page 7
prior to issuance of a commercial building permit is more realistic in this economic climate than
it was when the original zoning was approved.
Staff has found the following factors unfavorable to this rezoning:
1. The reduction in the size of the Pocket Park removes an important amenity which was identified
by the Planning Commission at an earlier public hearing.
2. The dedication and construction of the remaining segment of Meeting Street has not been
proffered.
RECOMMENDATION
Staff does not recommend approval of the rezoning unless the substantive and technical changes
identified in this staff report are addressed.
ATTACHMENT A — Location Map
ATTACHMENT B — Proposed Proffers, as submitted with this application
ATTACHMENT C — Staff Report, ZMA 2010 - 00006, Hollymead Town Center, Area A -2
ATTACHMENT D — Excerpt from Planning Commission minutes, September 21, 2010.
ZMA2010 -00013
Planning Commission Public Hearing, February 8, 2011
Staff Report Page 8