STAFF PERSON:                            Claudette Grant                  


BOARD OF SUPERVISORS:            mARCH 16, 2005





Applicant’s Proposal:


Glenwood Station is a mixed use development currently under construction. The office portion of the development was approved by special use permit SP-2003-049. A rezoning to allow Planned Residential Development (PRD) with a special use permit for office use was approved April 7, 2004. The applicant would now like to have a drive-through bank which cannot be accommodated with PRD zoning. A Neighborhood Model District (NMD) is now being requested with a special use permit for the drive-through. The application plan is Attachment A and the Code of Development is Attachment B. The Special Use Permit would allow development of a drive-through window as part of a financial institution to include a total of three lanes, with one being dedicated to an ATM in accordance with Section 20A.6 b.1 of the Zoning Ordinance which allows for drive-through windows serving or associated with permitted uses in a Neighborhood Model District. The property is located on the south side of East Rio Road, directly across from Rio East Court and between Fashion Square Mall and Squire Hill Apartments.




The applicant’s request is to rezone from Planned Residential Development with Special Use Permit for Office Use zoning district, to Neighborhood Model District with Special Use Permit for a drive-through window as part of a financial institution in accordance with Section 20A.6 b.1. The property, described as Tax Map 61, Parcel(s) 129F, contains 9.31 acres, and is located in the Rio Magisterial District on the south side of East Rio Road, directly across from Rio East Court and between Fashion Square Mall and Squire Hill Apartments, Route 631, approximately 1,600 feet from the intersection of Route 29 and Rio Road East. The Comprehensive Plan designates this property as Urban Density, recommended for 6.01-34 dwelling units per acre in Neighborhood Two.


Character of the Area:


The property is located on Rio Road (Route 631) and faces Rio East Court. The site is adjacent to Fashion Square Mall, Squire Hill Apartments and Aldersgate United Methodist Church. The area in the vicinity of the proposed development is developed with office space, commercial shopping space, a dense residential development and a financial institution with a drive-through is located across the street. 


Staff has recognized that there are several existing financial institutions and fast food restaurants that all have active drive-through windows within a one-mile radius of this site.  These establishments are located to the north on Rio Road and Route 29, and to the west on Route 29 South.




Staff has reviewed the proposal for conformity with the Comprehensive Plan and the Zoning Ordinance and recommends approval of the Zoning Map Amendment and special use permit with conditions.


Planning and Zoning History


On October 15, 2003 the Board of Supervisor’s approved a special use permit (SP 2003-49) with conditions to allow professional offices as part of a mixed-use development, in an R-15 zoning district. On April 7, 2004 a request for a Zoning Map Amendment and Special Use Permit (ZMA 2003-13 and SP 2003-92) with conditions from R-15 zoning district with special use permit for office to Planned Residential District with special permit for office was approved by the Board of Supervisor’s.


Applicant’s Justification for the Request:


The applicant has provided a narrative in support of his rezoning which is located in the Code of Development (Attachment B). The applicant has made the following key points: Their marketing studies have shown that the demand is quite high for both commercial and residential uses at this location. The property is located within Urban Neighborhood 2, which is a designated growth area in Albemarle County. The applicant has met with several staff persons to discuss the need for more density and diversity within the proposed development, and has received receptiveness to their needs from the staff. The applicant has incorporated many of the Neighborhood Model concepts into the design of Glenwood Station, including a mix of use types.


The approved plan for Glenwood Station is comprised of three commercial buildings with a total of 64,000 gross square feet of office space and two buildings of three stories and a third building at two stories in height. The proposed plan maintains the three commercial buildings with an increase of 14,000 square feet to a total of 78,000 gross square feet. The proposed plan would make all three buildings three stories. The current approved plan also includes five condominium buildings including 38 units and 28 townhouses. The proposed plan would increase the number of condominium units by 12 to 50 units, which is accomplished by introducing 2 units in a lower level of one building and combining two 9 unit buildings into one larger building with 28 units and structured parking below. The number of townhouses would remain the same as originally planned. 


By-right Use of the Property:


With a zoning classification of Planned Residential Development (PRD) , the property could be developed into residential uses, limited recreational uses, utility and communication facilities, public uses and buildings, temporary construction uses, accessory uses and structures, homes for developmentally disabled persons, storm water management facilities, Tier I and Tier II personal wireless service facilities. Special uses in PRD include child care facilities, fire and rescue squad stations, rest home facilities, electrical power substations, transmission lines and related towers, home occupation, Class B, churches, parking facilities, limited athletic facilities, professional offices, and Tier III personal wireless service facilities.


Comprehensive Plan and The Neighborhood Model:


Requests for a zoning map amendment within the Development Areas are assessed for conformity with the Neighborhood Model (NMD) and the Land Use Plan.


The Land Use Plan shows this area as Urban Density, which should:


·          Have a gross density of between 6.01 to 20 dwellings per acre, with possible densities of up to 34 dwellings per acre under a planned development approach.

·          Be located within the Urban Area and Communities only. This designation may be appropriate within Villages.

·          Accommodate all dwelling types as well as institutional uses such as places of worship, public and private schools, and early childhood education centers including day care centers and preschools.

·          Not be for developments at densities below 6 dwellings per acre.

·          Occur within the designated range of 6.01 to 34 dwelling units per acre and, to the greatest extent practicable, maximize the developed density with a form in keeping with the Neighborhood Model.

·          Development densities should ultimately be based on environmental criteria, road function and condition, available utilities, adjacent land uses, and site requirements.

·          Be able to accommodate areas of non-residential land uses on the scale of Neighborhood Service and Office Service.

·          Accommodate site development based on standards in both the Comprehensive Plan and Zoning Ordinance.


The density of the proposed project is consistent with the Urban Density classification.

The addition of commercial use in this area provides for a mixed-use area of the County.

Many services for the residents are within walking distance of the proposed development.


The Open Space Plan does not show any significant environmental features on this



The ways in which the proposed project meets the twelve principles for development in

accordance with the Neighborhood Model are provided below.


Pedestrian Orientation

Sidewalks are provided throughout the development, around all buildings and parking. Sufficient pedestrian access is provided.


Neighborhood Friendly Streets and Paths

The proposed street will include streetscape elements, such as street trees and will provide sidewalks for pedestrians. It will also allow better distribution of traffic.

Interconnected Streets and Transportation Networks

The proposed street will connect the development to Rio Road and also to Fashion Square Mall.

Parks and Open Space

The development will include a basketball area located in the parking area for one of the commercial buildings. It might not be considered an ideal location, however, depending on the type of commercial use located in this building one might be able to access the basketball area after business hours.  The development will also include a tot lot area, a couple picnic areas and a pool and fitness facility. The proposed amenities appear to be adequate.

Neighborhood Centers

The property is located in an area near several centers, including the Fashion Square Mall and other nearby shopping centers. The location of a multi-unit complex near these shopping centers is a very positive aspect of this proposal.

Building and Spaces of Human Scale

Elevations of the development were provided for the PRD. The same elevations are now contained in the Code of Development as part of the rezoning. They adequately address desired scale and massing.

Relegated Parking

Parking for the office use is mostly relegated to the side and rear of the buildings. Given the peculiar shape of the site, the setbacks, the applicant’s use of shared parking and landscaping treatments, the parking solution is acceptable.


Mixture of Uses


This is adequately addressed with the varied residential options and commercial uses available.

Mixture of Housing Types and Affordability

There are two housing types shown. Affordable housing was addressed in the last rezoning. The applicant stated that he discussed the topic during the last rezoning and was not asked to make a commitment. No additional commitments are provided.


This is an infill development. Redevelopment did not occur.

Site Planning that Respects Terrain

This principle is met.

Clear Boundaries with the Rural Areas

Given the location of this site, this principle is not applicable.


ZMA 2004-16 – Rezoning from PRD - Planned Residential Development to NMD - Neighborhood Model District




Relationship between the application and the purpose and intent of the requested zoning district The  purpose and intent of the Neighborhood Model (NMD) district is to establish a planned development district in which traditional neighborhood development, as established in the County’s Neighborhood Model, will occur. The NMD provides for compact, mixed-use developments with an urban scale, massing, density and an infrastructure configuration that integrates diversified uses within close proximity to each other within the development areas identified in the comprehensive plan. The existing Planned Residential Development  (PRD) zoning district provides for flexibility and variety of development for residential purposes and uses ancillary thereto.


The application is for a dense mix of uses in the development. The existing PRD zoning was primarily for residential uses.  However, there is a Special Use Permit for office uses as well. The NMD will allow the residential uses and increase flexibility in the office/commercial uses that may include such things as a newsstand, dry cleaners, and financial institutions to name a few. The following uses are permitted by special use permit in the NMD: drive-through windows serving or associated with permitted uses, and outdoor storage. The NMD allows for such things as a financial institution. The PRD district does not allow this use, and a financial institution is a proposed use in this development. The Comprehensive Plan indicates that Urban Density Residential areas will accommodate areas of non-residential land uses on the scale of Neighborhood Service and Office Service. PRD, PUD or NMD could fit into this category of Urban Density. A concurrent request for a drive-through window is under review with this application.   


Public need and justification for the change The County’s policy for encouraging development at higher densities within the Development Areas provides a public need and justification for the request.  Form and design are as important to a successful project, though, as the density.


Anticipated impact on public facilities and services No additional impact from the previous rezoning is expected for transportation, water and sewer, schools, and stormwater management.


Anticipated impact on natural, cultural, and historic resources - No impact is anticipated on natural, cultural, or historical resources of the County.




Staff has identified the following factors, which are favorable to the rezoning request:


1.                  The rezoning is in keeping with the Comprehensive Plan.

2.                  The proposed use provides for a “mixed-use” community in this part of Neighborhood Two.

3.                  Residential uses are supported by a pedestrian network, public services (schools, fire, and rescue services, transit) and close proximity to shopping and employment.


Staff has identified no factors which are unfavorable to this request.


RECOMMENDED ACTION: Staff recommends approval of the rezoning. It confirms to the Comprehensive Plan and the Zoning Ordinance. The particular parameters of this development are included in the Code of Development. Proffers were not needed.



SP 2004-61 – Special Use Permit for Financial Institution Drive-Through


Engineering Comments: During the review process the Engineering Department did not have comments regarding the change in zoning. However, the following concerns were initially noted regarding the special use permit for the drive-through:

            ·          Not enough stacking

            ·          A bypass lane is required for the drive-through queue.

·          The outlet of a one-way three lane drive-through into a two-lane two-way parking aisle may be a circulation concern in the future.

The Engineer and applicant met regarding the previously mentioned concerns and were able to resolve all the concerns with the exception of one. The engineer has stated that review for the special use permit for the drive through is approved with the condition that the outside lane be dedicated to by-pass traffic only.




Staff will address each provision of Section of the Zoning Ordinance below:


The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder.  Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property,


The proposed financial institution is located at the northeastern end of the subject parcel between buildings C-2 and C-3. The drive-through will be contained on the subject parcel and not directly impact adjacent parcels. Establishments that utilize drive-through windows are most often characterized by the high volumes of customers that can be served during peak hours of operation. Therefore, the concerns for the impact upon adjacent properties are mainly focused on ensuring that the stacking and loading movements of vehicles entering the drive-through lanes do not obstruct the free passage of off-site vehicles that are attempting to access adjacent parcels. There is one entrance into the financial institution from a main road that can be accessed from two different directions, all of which are located on the subject parcel. The drive-through lanes load from the south. Due to the location of the drive-through, between two buildings, the circulation pattern is such that staff has identified no significant reason for concern that the stacking of the drive-through traffic would delay the passage off-site traffic. Therefore, staff does not believe that the proposed drive-through window would impose any detriment upon adjacent properties.  In regards to the noise aspect, the closest residential building to the drive-through window is approximately 400 feet away. It is not anticipated that noise will be an issue for the residential uses in the vicinity.


that the character of the district will not be changed thereby,


The proposed financial institution is located within an active and growing residential development. Offices have already been approved for this district. The proposed buildings are in character with existing buildings in the vicinity. Staff finds that approval of this proposal would not result in changing the character to the vicinity.


and that such use will be in harmony with the purpose and intent of this ordinance,


Staff has reviewed this request for compliance with the purpose and intent of the Zoning Ordinance, and identified no conflict that would arise as a result of its approval.


with the uses permitted by right in the district,


Section 20A of the Zoning Ordinance, entitled Neighborhood Model allows the following: each use allowed by right or by special use permit in any other zoning district, except for those uses allowed only by special use permit as delineated in the Zoning Ordinance provided that the use is identified in the approved code of development; electric, gas, oil and communication facilities; accessory uses and buildings including storage buildings; home occupation, Class A, where the district includes residential uses; temporary construction uses; public uses and buildings; tourist lodgings; homes for developmentally disabled persons; and Tier I and Tier II personal wireless service facilities. With a special use permit, drive-through windows serving or associated with permitted uses; and outdoor storage, display and/or sales serving or associated with a by right permitted use are allowed. This request to allow a drive-through window is consistent with most financial institutions in this district and other similarly zoned districts throughout the County. Therefore, it is staff’s opinion that the proposed drive-through is in harmony with the by-right uses located within this NM district.


with additional regulations provided in Section 5.0 of this ordinance,


There are no additional regulations in Section 5.0 that specifically address banks implementing drive-through windows, automated teller machines and like facilities.


and with the public health, safety and general welfare.   


Due to concerns regarding access and circulation configurations, combined with the resultant high traffic volumes, new drive-through windows are only allowed by special use permit. With the correction to the outside lane being dedicated to bypass traffic only, staff believes that the public health, safety, and general welfare of the community will be preserved.




Staff has identified the following factors, which are favorable to this request:


  1. There would be no expected conflict between vehicles stacked in the drive-through lanes and off-site traffic passing the entrances to this site.
  2. The drive-through lane/bypass lane would offer the opportunity for customers that do not need to access the windows to bypass the stacked traffic awaiting service.


With the exception of the requested condition for a bypass lane, staff has not identified any other factors, which are unfavorable to this request.




Staff finds that this request generally complies with the provisions of the Zoning Ordinance and the Comprehensive Plan, and recommends approval of SP 04-61 with the following conditions:


  1. The outside lane is dedicated to bypass traffic only.
  2. The drive through window as part of a financial institution shall be limited to three (3) lanes that follow through to the teller windows and the ATM machine. 




Attachment A – Application Plan

Attachment B – Code of Development

Attachment C – Color Rendering of Building C-2 (Lot B) Showing the Drive-through

Attachment D – Color rendering of 28-unit Residential Condominium Building

Attachment E – Tax Map

Attachment F – Vicinity Map

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