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HomeMy WebLinkAboutZMA200700013 Action Letterst COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 October 1, 2010 Fred Missel, UVA Foundation PO Box 400218 Charlottesville VA 22904 RE: ZMA200700013 Fontaine Research Park; SP200700055 Fontaine Research Park (Parking Structures); SP200900010 Fontaine Research Park (Research and Development Activities); SP200900011 Fontaine Research Park (Laboratories, Medical or Pharmaceutical); SP200900013 Fontaine Research Park (Hospitals); SP200900014 Fontaine Research Park (Supporting Commercial Uses); and Modification of Height Regulations Fontaine Research Park - TAX MAP 76, Parcels 17B, 17BW, 17BX, 17131,17132, 17133, 171B4, 17B5, 17136, 1767, 17BB, 17BA, 17B8, and 17B9 Dear Mr. Missel: The Board of Supervisors took the following actions regarding the above referenced on September 8, 2010: Regarding ZMA200800007 This rezoning from Commercial Office (CO) to Planned Development -Mixed Commercial (PD -MC) was approved in accordance with the attached proffers dated August 25, 2010. Please refer to these documents for any future applications and requests on this property. Regardinq SP200700055 This special use permit for Parking Structures in PD -MC was approved with no conditions. Regarding SP200900010 This special use permit for Research and Development Activities in PD -MC was approved with no conditions. Regarding SP200900011 This special use permit for Laboratories, Medical or Pharmaceutical in PD -MC was approved with no conditions. Regarding SP200900013 This special use permit for Hospitals in PD -MC was approved with the following conditions: 1. The hospital use shall be limited to sixty (60) beds; 2. The use shall not commence until such time as appropriate state and federal approvals have been obtained; 3. Site plan shall not be signed until fire official approval has been obtained; and 4. The use shall be for inpatient medical rehabilitation and shall not provide emergency services. Regarding SP200900014 This special use permit for Supporting Commercial Uses in PD -MC was approved with the following condition: 1. The supporting commercial uses shall be limited to a maximum of five (5) percent of the square footage allowed in the park. There is no minimum amount required. In the event that the use, structure or activity for which any of these special use permits are issued is not commenced within twenty -four (24) months from the date of Board approval, it shall be deemed abandoned and the permit terminated. The term "commenced" means "construction of any structure necessary to the use of the permit." Regarding Modification of Height Regulations This modification of Zoning Ordinance Section 21.4 — Height Regulations to allow buildings up to 90 feet in height was approved subject to the following: Buildings located on Natural Resources Drive that are over 35 feet in height shall have one (1) 10 foot step back. This modification shall apply to buildings as shown on the application plan prepared by the University of Virginia Foundation and Dewberry & Davis LLC, dated May 3, 2010. The set back shown on the application plan, prepared by the University of Virginia Foundation and Dewberry & Davis LLC, dated May 3, 2010 shall apply regardless of the building heights. (If the building is located in the entrance corridor or can be seen from the entrance corridor it will be subject to the approval of the ARB or the Design Planner.) Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with applicable PROFFERS; • compliance with conditions of the SPECIAL USE PERMITS (as applicable); • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. If you have questions or comments regarding the above -noted action, please do not hesitate to contact Ron Higgins at 296 -5832. Sincerely, W V. Wayne ilimberg Director of Planning Cc: File COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 August 30, 2010 Fred Missel, UVA Foundation PO Box 400218 Charlottesville VA 22904 RE: ZMA200700013; Fontaine Research Park & SP200700055 Fontaine Research Park (Parking Structures) & SP200900010; Fontaine Research Park (Research and Development Activities) & SP200900011 Fontaine Research Park (Laboratories, medical or pharmaceutical) & SP200900013 Fontaine Research Park (Hospitals) & SP200900014 Fontaine Research Park (Supporting Commercial Uses) Dear Mr. Missel: The Albemarle County Planning Commission, at its meeting on August 24, 2010, recommended approval of the above -noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: ZMA- 2007 -013 Fontaine Research Park Expansion subject to the following: By a vote of 7:0, the Planning Commission recommended approval of the entire package, as follows: 1. Revisions of proffers to provide that either: l) the owner will construct the Sunset - Fontaine Connector in the alignment reserved on the Application Plan at such time that the remainder of the road is constructed off of the Fontaine Research Park property or 2) the owner shall contribute cash to the County that is equal to the value of constructing the alignment onsite if the Sunset - Fontaine Connector is not established in a location that utilizes the alignment reserved on the Application Plan, and the cash would be applied to the cost of the acquisition, design, engineering and construction of the Connector in the new alignment. 2. There is no requirement for a cash contribution proffer for further study of the Fontaine - Sunset Connector. 3. Revisions of proffers to incorporate legal and acceptable technical wording recommended by staff shall be completed before the ZMA goes to the Board of Supervisors. 4. The Applicant commits to a five (5) percent ceiling for supporting commercial uses as a condition of SP- 2009 -014 Supporting Commercial Uses. There is no minimum amount required. Action on Five (5) Special Use Permits: • By a vote of 7:0, the Planning Commission recommended approval of the five (5) special use permits -SP- 2007 -055; SP- 2009 -010; SP- 2009 -011; SP- 2009 -013; and SP- 2009 -014, as reflected in the staff report, with the conditions as recommended by staff. SP- 2009 -013 Hospital with the following conditions: 1. The hospital use shall be limited to 60 beds; 2. The use shall not commence until such time as appropriate state and federal approvals have been obtained; 3. Site plan shall not be signed until fire official approval has been obtained; 4. The use shall be for inpatient medical rehabilitation and shall not provide emergency services. SP- 2009 - 014 - Supporting Commercial Uses with the following condition: 1. The supporting commercial uses shall be limited to a maximum of five (5) percent of the square footage allowed in the park. There is no minimum amount required. Action on Modification: By a vote of 7:0, the Planning Commission recommended approval of modification of Section 21.4 of the Zoning Ordinance regarding height regulations with the expectation that the relationships of building heights to the roads will be properly referenced. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on September 8, 2010. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296 -5832. Sincerely, Claudette Grant Senior Planner Planning Division ATTACHMENT A -1 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA2007 -13 Fontaine Research Park; SP2007 -055; SP2009 -010; SP2009 -011; SP2009 -013; and SP2009- 014. SUBJECT /PROPOSAL /REQUEST: Rezone approximately 54 acres from Commercial Office (CO) zoning district to Planned Development Mixed Commercial (PD -MC) to allow for an increase from 565,000 square feet to 875,000 square feet of office, laboratories, medical or pharmaceutical, research & development activities, hospitals, and supporting commercial space permitted in the research park. Three parking garages are proposed. The rezoning request is concurrent with SP2007 -055; SP2009 -010; SP2009 -011; SP2009- 013; and SP2009 -014. No residential units are proposed. STAFF CONTACT(S): Cilimberg, Echols, Grant LEGAL REVIEW: NO AGENDA DATE: September 8, 2010 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: YES BACKGROUND: On July 27, 2010, the Planning Commission held a public hearing for the Fontaine Research Park rezoning and special use permit requests. The Commission, by a vote of 6:0, recommended approval of ZMA2007 -13 with amendments to the proffers. The Commission, by a vote of 6:0 also, recommended approval of five (5) Special use permits, SP2007 -55, SP2009 -10, SP2009 -11, SP2009 -13, and SP2009 -14, with the conditions as recommended by staff. Further, the Commission recommended approval of the modification of Section 21.4 of the Zoning Ordinance regarding height regulations with changes to the referenced street names in the staff recommended condition. (See Action Letter) Subsequently, on August 24, 2010, the Planning Commission held a second public hearing in order to include Tax Map 76, Parcel 17B9 which was not originally included in the legal ad for the July 27th public hearing. As there were no changes to the rezoning and special use permit requests that were originally heard by the Commission on July 27th other than the inclusion of this new parcel, the Commission, by a vote of 7:0, again recommended approval of the entire package as described above. (See Action Letter) DISCUSSION: The key amendments to the proposed proffers in response to the Commission's recommendations are as follows: (1) The supporting commercial use limitation taken out of Proffer 5 and added as a special use permit condition; (2) Proffer 6 revised to address and maintain the existing landscaped planting area along Fontaine Avenue; (3) Proffer 14 commits the applicant to provide a second entrance on Fontaine Avenue, if needed, as shown on the Application Plan as "Area Reserved for Future Secondary Entrance /Future Connector Road Alignment ", and also commits the applicant to either build the Connector Road in this location if the entire Connector Road is constructed in the Southern Urban Area B Alternative 4 alignment or contribute funds toward the design and construction of the Connector Road if it is determined that the Connector Road is to be constructed in an off -site location. The proffers have been revised as necessary and are technically and legally acceptable. (Attachment 1) The modification of Section 21.4 of the Zoning Ordinance regarding height regulations with corrected references to roads should read as follows: "Modification of Section 21.4 — Height Regulations shall allow buildings up to 90 feet in height. ZMA 2007 -013, SP2007 -055, SP2009 -010, SP2009 -011, SP2009 -013, and SP2009 -014 BOS September 8, 2010 Executive Summary Page 1 Buildings located on Natural Resources Dr. that are over 35 feet in height shall have (1) one 10 foot step back. This modification shall apply to buildings as shown on the application plan prepared by the University of Virginia Foundation and Dewberry & Davis LLC, dated May 3, 2010. The set back shown on the application plan, prepared by the University of Virginia Foundation and Dewberry & Davis LLC, dated May 3, 2010 shall apply regardless of the building heights. (If the building is located in the entrance corridor or can be seen from the entrance corridor it will be subject to the approval of the ARB or the Design Planner.)" RECOMMENDATIONS: Approval of ZMA 2007 -0013 with the attached proffers (Attachment 1); approval of the five (5) special use permits, SP -2007- 055; SP- 2009 -010; SP- 2009 -011; SP- 2009 -013; and SP- 2009 -014, as reflected in the staff report, with the following conditions as recommended by staff: SP- 2009 -013 Hospital conditions: 1. The hospital use shall be limited to 60 beds; 2. The use shall not commence until such time as appropriate state and federal approvals have been obtained; 3. Site plan shall not be signed until fire official approval has been obtained; 4. The use shall be for inpatient medical rehabilitation and shall not provide emergency services. SP- 2009 - 014 - Supporting Commercial Uses condition: 1. The supporting commercial uses shall be limited to a maximum of five (5) percent of the square footage allowed in the park. There is no minimum amount required. and approval of the modification to Section 21.4 of the Zoning Ordinance regarding height regulations as noted above. ATTACHMENT: Attachment I: Proffers, dated August 25, 2010 ZMA 2007 -013, SP2007 -055, SP2009 -010, SP2009 -011, SP2009 -013, and SP2009 -014 BOS September 8, 2010 Executive Summary Page 2 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 August 27, 2009 Fred Missel, UVA Foundation PO Box 400218 Charlottesville VA 22904 RE: ZMA200700013; Fontaine Research Park & SP200700055 Fontaine Research Park (Parking Structures) & SP200900010; Fontaine Research Park (Research and Development Activities) & SP200900011 Fontaine Research Park (Laboratories, medical or pharmaceutical) & SP200900013 Fontaine Research Park (Hospitals) & SP200900014 Fontaine Research Park (Supporting Commercial Uses) Dear Mr. Missel: By a vote of 7:0, the Planning Commission recommended approval of ZMA- 2005 -003 UVA Research Park - North Fork with the attached proffers with the following additional changes. • Proffers 5.4.A and 5.4.C(3) modified to specify that LOS C average for the intersections with Route 29 in those proffers is the standard and that the individual movements may be LOS D, as long as the average is LOS C at those intersections with Route 29. • Proffer 5.3 Phases of Development- Modify or delete Maximum total build -out for General Office in Phase II and Phase III to be inclusive of all other approved uses Motion on SP- 2008 - 0015 - Parking Structure: By a vote of 7:0, the Planning Commission recommended approval of SP- 2008 -00015 UVA Research Park - North Fork concurrent with ZMA- 2005 -003 with no conditions. Motion on SP -2008- 00062 - Laboratories, medical or pharmaceutical: By a vote of 7:0, the Planning Commission recommended approval of SP- 2008 -00062 UVA Research Park - North Fork concurrent with ZMA- 2005 -003 with conditions. 1. Laboratories shall be subject to Section 4.14 Performance Standards of the ordinance and a Certified Engineers Report is required pursuant to Section 4.14.8 of the Zoning Ordinance. 2. Laboratory buildings shall not be less than 30 (thirty) feet from the perimeter buffer areas to adjoining properties not located within the development, unless modified by the Director of Planning. The motion passed by a vote of 7:0. Motion on SP- 200800063 - Supporting Commercial Uses: By a vote of 7:0, the Planning Commission recommended approval of SP- 2008 -00063 UVA Research Park - North Fork concurrent with ZMA- 2005 -003 subject to the condition recommended by staff. 1. In addition to proffered limitation not to exceed five (5 %) percent of total floor area, commercial uses shall not exceed ten (10 %) percent of total floor area at any time during phased development. Motion on SP- 2008 - 00064 - Hotels, Motels, Inns: By a vote of 7:0, the Planning Commission recommended approval of SP- 2008 -00064 UVA Research Park — North Fork subject to the conditions recommended by staff. 1. Not more than one hotel, motel, or inn shall be permitted. Such hotel, motel, or inn shall not exceed two hundred fifty (250) lodging rooms. 2. Conference facilities (other than those as may be provided by individual occupants) shall not be required to locate internal to nor on the same site as the hotel /motel /inn, but total gross floor area of lodging and conference facilities shall not exceed 190,000 square feet. Motion on Modification to Setbacks: By a vote of 7:0, the Planning Commission approved the modification to Section 26.6 to allow a setback reduction to allow for buildings, including those exceeding 35 feet in height, to be reduced from 50 feet to 10 feet along public roads, including Airport Road and Lewis and Clark Drive. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on October 14, 2009. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296 -5832. Sincerely, Rebecca Ragsdale Senior Planner Planning Division COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 August 6, 2010 Fred Missel, UVA Foundation PO Box 400218 Charlottesville VA 22904 RE: ZMA200700013; Fontaine Research Park & SP200700055 Fontaine Research Park (Parking Structures) & SP200900010; Fontaine Research Park (Research and Development Activities) & SP200900011 Fontaine Research Park (Laboratories, medical or pharmaceutical) & SP200900013 Fontaine Research Park (Hospitals) & SP200900014 Fontaine Research Park (Supporting Commercial Uses) Dear Mr. Missel: The Albemarle County Planning Commission, at its meeting on July 27, 2010, recommended approval of the above -noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: Action on ZMA- 2007 -013: By a vote of 6:0, the Planning Commission recommended approval of ZMA- 2007 -013 Fontaine Research Park Expansion subject to the following: 1. Revisions of proffers to provide that either: l) the owner will construct the Sunset - Fontaine Connector in the alignment reserved on the Application Plan at such time that the remainder of the road is constructed off of the Fontaine Research Park property or 2) the owner shall contribute cash to the County that is equal to the value of constructing the alignment onsite if the Sunset - Fontaine Connector is not established in a location that utilizes the alignment reserved on the Application Plan, and the cash would be applied to the cost of the acquisition, design, engineering and construction of the Connector in the new alignment. 2. There is no requirement for a cash contribution proffer for further study of the Fontaine - Sunset Connector. 3. Revisions of proffers to incorporate legal and acceptable technical wording recommended by staff shall be completed before the ZMA goes to the Board of Supervisors. 4. The Applicant commits to a five (5) percent ceiling for supporting commercial uses as a condition of SP- 2009 -014 Supporting Commercial Uses. There is no minimum amount required. Action on Five (5) Special Use Permits: • By a vote of 6:0, the Planning Commission recommended approval of the five (5) special use permits -SP- 2007 -055; SP- 2009 -010; SP- 2009 -011; SP- 2009 -013; and SP- 2009 -014, as reflected in the staff report, with the conditions as recommended by staff. SP- 2009 -013 Hospital with the following conditions: 1. The hospital use shall be limited to 60 beds; 2. The use shall not commence until such time as appropriate state and federal approvals have been obtained; 3. Site plan shall not be signed until fire official approval has been obtained; 4. The use shall be for inpatient medical rehabilitation and shall not provide emergency services. SP- 2009 - 014 - Supporting Commercial Uses with the following condition: 1. The supporting commercial uses shall be limited to a maximum of five (5) percent of the square footage allowed in the park. There is no minimum amount required. Action on Modification: By a vote of 6:0, the Planning Commission recommended approval of modification of Section 21.4 of the Zoning Ordinance regarding height regulations with the expectation that the relationships of building heights to the roads will be properly referenced. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on September 8, 2010. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296 -5832. Sincerely, Claudette Grant Senior Planner Planning Division