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Home My WebLink AboutZMA201600002 Staff Report Zoning Map Amendment 2016-05-10COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: ZMA201600002 Hollymead Town Staff: Elaine Echols, Acting Chief of Planning Center Al Transit Proffer Amendment Planning Commission Public Hearing: May 10, Board of Supervisors Public Hearing: TBD 2016 Owner: Route 29 LLC Applicant: Rt. 29, LLC (Wendell Wood/Nena Harrell) Acreage: Approximately 59.162 acres Rezone from: No change in zoning district or uses proposed. Applicant wishes to amend the Public Transit Operating Expenses proffer TMP: 032000000042A0, 03200000004400 , By -right use: PD -MC which allows large scale 04600000000500, 046000000005A0 commercial uses; and residential by special use permit Magisterial District: Rio Proffers: Yes Proposal: Request to amend one proffer from a Requested # of Dwelling Units: No new dwellings or previous rezoning (ZMA-2012-05) Public Transit change in residential density is proposed Operating Expenses proffer. Applicant is proposing a reduced cash contribution amount towards public transit operating expenses Comp. Plan Designation: Urban Mixed Use in DA (Development Area): Places 29 Hollymead Centers and Commercial Mixed Use Character of Property: The property is developed Use of Surrounding Properties: Commercial uses: with commercial uses including Kohl's with the commercial and residential uses and undeveloped exception of several outparcels that will be built -out in land. the future Factors Favorable: Factors Unfavorable: 1. None identified 1. The applicant/owner signed the current proffer form that states that the conditions are voluntarily proffered as part of the requested rezoning (ZMA 2012-5), and acknowledged that the conditions are reasonable. 2. There is a sufficient nexus and rough proportionality between the proffer as written, and any reasonably expected condition or impact caused by the project. 3. The terms of the proffer are proportionate to other transit and transportation proffers adopted for other developments in the County. RECOMMENDATION: Staff recommends denial of the proposed amendment to the Public Transit Operating Expenses proffer (Proffer #4 ZMA-2012-00005). ZMA 2016-00002 Hollymead Town Center Proffer Amendment Planning Commission April 26, 2016 Page 1 STAFF PERSONS: PLANNING COMMISSION: BOARD OF SUPERVISORS Elaine Echols April 26, 2016 TBD ZMA201600002 Hollymead Town Center (Area Al) Public Transit Operating Expenses Proffer Amendment PETITION PROJECT: ZMA 2016-00002 Hollymead Town Center (A-1) MAGISTERIAL DISTRICT: Rio TAX MAP/PARCEL: 032000000042A0, 03200000004400 (portion), 03200000004500 (portion), 04600000000500 LOCATION: Hollymead Town Center Area A-1, the southwest quadrant of Seminole Trail (US 29) and Towncenter Drive in the Hollymead Development Area PROPOSAL: Request to amend a proffer to reduce the cash contribution towards transit operating expenses. PETITION: Amend ZMA 2012-00005 Proffer #4 Public Transit Operating Expenses. The Applicant is proposing an alternate proffer contribution amount over seven (7) years, or a one- time lump sum towards transit operating expenses. OVERLAY DISTRICT: EC -Entrance Corridor; AIA -Airport Impact Area; Managed and Preserved Steep Slopes PROFFERS: Yes COMPREHENSIVE PLAN: Urban Mixed Use (in Centers) — retail, residential, commercial, employment, office, institutional, and open space. CHARACTER OF THE AREA The site is located along Town Center Blvd and is accessed via Town Center Lane in the Hollymead Town Center development (Attachment A). It is currently developed with commercial uses including Kohl's Department Store. Residential, commercial, and vacant properties surround the parcels in this area (Al). SPECIFICS OF THE PROPOSAL On September 12, 2007, the Board of Supervisors approved ZMA-2005-00015 Hollymead Town Center, Area A1, which rezoned the portion of Hollymead Town Center where Kohl's is now located. The rezoning was approved with proffers, some of which are related to public transit. The applicant is requesting a modification/amendment to a Public Transit Operating Expenses proffer (Proffer #4 ZMA 201200005) to reduce the cash contribution amount from five hundred thousand dollars ($500,000) over ten (10) years to seventy thousand dollars ($70,000) over seven years (Attachment). Public Transit Operating Expenses proffer was most recently discussed during a rezoning to amend road improvement proffers related the Kohl's site (ZMA 2010-00014), but was not altered or amended at that time (see further discussion of this review under the Planning and Zoning History section of the report, below). The applicant has returned with this application seeking an amendment to proffer #4 (ZMA 2012-00005). (Attachment C) contains the proposed proffer. The primary change to the proffer, as indicated by the applicant, is to reduce the amount of cash contributed towards Public Transit Operating Expenses from a sum of five hundred thousand dollars ($500,000) over ten (10) years to a sum of seventy thousand dollars ($70,000) over seven years. The applicant has suggested various ways the cash contribution can be paid out based on delineated intervals and time constraints (sunset clause). The County can opt to take a reduced lump sum of twenty five thousand dollars ($25,000) as the lowest contribution amount offered towards public transit operating expenses. ZMA 2016-00002 Hollymead Town Center Transit Proffer Amendment Planning Commission May 101h, 2016 Page 2 APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant is seeking an amendment to proffer #4 (Attachment C) because he believes that; 1) There is insufficient nexus and rough proportionality between this proffer as written and any reasonably expected condition or impact caused by this project 2) A significant change in the commercial real estate market since the original proffer was adopted has made the proffer even more unreasonable; and 3) The terms of the proffer are grossly disproportionate to any other transit proffer ever adopted for developments in the County COMMUNITY MEETING The applicant held the required community meeting on April 18, 2016 at the Hollymead Fire Station from 5:30 p.m. to 7:00 p.m. There were two members of the public present. The proposed amendment to the public transit operating expenses proffer cash contribution amount was discussed. PLANNING AND ZONING HISTORY • ZMA200500015 — On September 11, 2007, the Board of Supervisors approved the HTC Al rezoning with proffers and Application Plan • ZMA201000014 — On November 18, 2010, the applicant requested relief from obligations in the proffers to fully complete Meeting Street by a certain date in order to allow Kohl's to get a certificate of occupancy and to put a sunset date of July 1, 2012 on the transit proffer. Staff was able to support the change related to Meeting Street, but could not support the proposed sunset date, which was less than two years in the future. Staff recommended a sunset date of January 2021. At the Planning Commission meeting held on January 11, 2011, the applicant told the Planning Commission that he did not agree with staff's recommendation for a 10 year sunset. In addition he said he wanted to significantly reduce his transit amount, which was a surprise to staff since it had not been discussed before. The Commission discussed his request at length and ultimately concluded that they could support a reduction to $25,000/year for a total of $250,000 and a sunset clause of July 1, 2018. • The next night, January 12, 2011, the Board of Supervisors also heard the request. They were not persuaded to change the transit proffer and allowed the applicant to modify his proffers before opening the public hearing. The applicant amended his proffers to reflect what was approved in 2007.Attachment XX provides the relevant portions of the minutes for both the November 11 and November 12, 2011 public hearings.ZMA201200005 - on December 11, 2013, the Board of Supervisors approved amendments to proffers related to a transit stop location and greenway. The Rezoning (ZMA 2012-5) was as result of a notice of Violation V102012-61 (Notice of Official Determination of Violation for unsatisfied Proffers relating to ZMA2010-00014) COMPREHENSIVE PLAN The property has two designations in the Places29 Master Plan. The majority of the property is shown for Urban Mixed Use (in Centers), and smaller areas are shown as Commercial Mixed Use. The applicant is not proposing any changes to the land use with this request. ZMA 2016-00002 Hollymead Town Center Transit Proffer Amendment Planning Commission May 10th, 2016 Page 3 Chapter 11 — Transportation contains the following recommendations: Objective 8: Continue to improve public transit service. Strategy 8a: Continue to use the recommended improvements for public transit in local Development Areas Master Plans and regional transportation plans such as the Long Range Transportation Plan, the Transit Development Plan, and other studies to determine the location and timing for the provision of transit services. Strategy 8c: Expand transit service to the Hollymead Development Area, Cedar Hill Mobile Home Park, south of 1-64 on Avon Street Extended, and Route 250 West. In March 2013, the City concluded the 2013 CAT Transit Study that built upon the efforts of the 2011 TDP. The 2013 study focused on identifying adjustments to existing fixed -route bus services by increasing ridership, improving service quality, and improving route efficiency. Some of the routes have been adjusted, a new route was added, but more services are needed in the future. DISCUSSION The applicant has made his request to reduce his proffered amount from $50,000/year to $7,000/year as transit service is just getting ready to start in Hollymead. As discussed in (Attachment E), in November 2015, the Board of Supervisors approved a proposal for JAUNT to establish morning and evening commuter transit service to Hollymead. Requests for transit service have also been received from residents living in the Hollymead and Forest Lakes area. The commuter route would also help relieve traffic congestion along the Route 29 corridor during the widening of Route 29, and during the construction of the grade separated interchange at the intersection of Rio Road and Route 29. If the Board of Supervisors approves this request to reduce the proffered amount for transit, it could impact the ability of the County to provide the funding to Jaunt for this essential service. Staff reviewed the applicant's claims and does not agree with the applicant's conclusions, as indicated below: 1) There is insufficient nexus and rough proportionality between this proffer as written and any reasonably expected condition or impact caused by this project. Between 2002 and 2007, land development was booming and the County was struggling to keep pace with providing the services and infrastructure. As a result, it was essential that the impacts of each development were assessed and commitments were made to address those impacts. Several large rezonings were reviewed and ultimately approved in the Route 29 Corridor. These included Albemarle Place (Stonefield), Hollymead Town Center areas B, C, and D, and North Pointe. Other rezonings were also taking place throughout the County, such as the Martha Jefferson Hospital in Pantops, Old Trail in Crozet and the 5th Street -Avon (5th Street Station) project. Analysis of impacts to the County from each of these projects took place and proffers to mitigate those impacts were accepted. When Hollymead Town Center Area A was first submitted it was a single project with 736,000 square feet of retail/service uses and 1222 dwellings. A transit proffer was discussed at that time because transit had been identified as a real need in the Rt. 29 Corridor. Transit proffers for Martha Jefferson Hospital had been accepted and were being discussed with the Biscuit Run Project. When Hollymead Town Center ZMA 2016-00002 Hollymead Town Center Transit Proffer Amendment Planning Commission May 10th, 2016 Page 4 Area A was initially discussed, the transit proffer was intended to cover all of Area A, which is now Area Al and A2. When the two projects were split, the proffer remained in the Al proffers. The A2 proffers made provision for affordable housing, a pocket park and greenway, a 2 acre site for a recycling center or other public facility, and cash proffers for the residential uses. The transit proffer addresses the transportation/traffic impacts generated by Area Al and A2, a pair of rezonings consisting of 736,000 SF of commercial uses and 1222 dwelling units. At a minimum, Hollymead Town Center Area Al when complete will generate approximately 9,430 total primary vehicle trips (4,715 entering and 4,715 exiting) during an average weekday 24-hour period. The provision of transit service would provide a means to reduce the traffic impacts created by these rezonings. Providing multi -modal transportation options is also important component of the Comprehensive Plan's recommendation for new urban development. Additionally, the applicant/owner signed the current proffer form that states that the conditions are voluntarily proffered as part of the requested rezoning (ZMA 2012-5), and acknowledged that the conditions are reasonable. 2) A significant change in the commercial real estate market since the original proffer was adopted has made the proffer even more unreasonable; The applicant has provided no information as to how the change in the real estate market affects this proffer. When the economy was in a recession (2007-2010), Hollymead Town Center Area B completed significant improvements to Route 29 North and other transportation improvements within Hollymead Town Center. Stonefield also completed significant improvements to Route 29 North. 3) The terms of the proffer are grossly disproportionate to any other transit proffer ever adopted for developments in the County For Area Al, the proffers included road improvements to Route 29 along the frontage of the site, timing for the street improvements within the development, a contribution for the traffic study which was ultimately the transportation study for Places29, a pocket park, a transit stop, and a future intersection analysis. Other proffers related to erosion and sediment control and LEED construction. The proffers were submitted and accepted by the Board of Supervisors and was to address the transit needs of the close to 3000 new residents and 736,000 square feet of retail/service uses in Area A. As indicated in the minutes from the January 11, 2011 (Attachment F), transit proffers were provided in the North Pointe, Martha Jefferson Hospital, Albemarle Place, Biscuit Run, and 5th Street -Avon Center projects. Recently, Brookhill, a ZMA to be considered by the Planning Commission later this spring, provided transit proffers. While each proffer in a rezoning is important, typically, they cannot stand alone because they are reviewed in the context of the zoning and other proffers. The amount of a proffer in one rezoning may create a value of X because it is the primary improvement being provided, while in another rezoning, it might have a value of Y because of other proffers. ZMA 2016-00002 Hollymead Town Center Transit Proffer Amendment Planning Commission May 101h, 2016 Page 5 SUMMARY Staff has identified the following factor, which is favorable to this rezoning request: 1. Staff finds no factors favorable to this rezoning request. Staff has identified the following factors which are unfavorable to this request: 1. There is sufficient nexus and rough proportionality between this proffer as written and any reasonably expected condition or impact caused by this project 2. The applicant/owner signed the current proffer form agreeing that the conditions are voluntarily proffered as part of the requested rezoning (ZMA 2012-5), and acknowledged that the conditions are reasonable. 3. The terms of the proffer are proportionate to other transit proffers adopted for developments in the County RECOMMENDATIONS Staff recommends denial of the applicant's request to amend the proffer to reduce the cash contribution towards public transit operating expenses. PLANNING COMMISSION MOTION. A. Should a Planning Commissioner choose to recommend approval all as submitted by the applicant with this zoning map amendment: Move to recommend approval of ZMA201600002 Hollymead Town Center Proffer Amendment, with amendments to proffer #4 as requested by the applicant B. Should a Planning Commissioner choose to recommend denial of this zoning map amendment: Move to recommend denial of ZMA201600002 Hollymead Town Center Area Al with reasons for denial. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. Attachments A — Location Map B — Existing approved proffer C — Applicant's Justification and Proposed Proffer D — BOS 11/4/2015 Executive Summary E — BOS Meeting Minutes F — Plannina Commission Meetina Minutes ZMA 2016-00002 Hollymead Town Center Transit Proffer Amendment Planning Commission May 10th, 2016 Page 6