ZMA 2005-00008 Pantops Park

SP 2005-00015 Bank Drive Through



Request to rezone 4.87 acres (Tax Map 78, Parcel 16) from HC (Highway Commercial) to NMD (Neighborhood Model District) to allow a 42,000 square foot bank and office building and two 22,500 square foot mixed office and retail buildings with proffers. Highway Commercial zoning allows for commercial and service uses; and residential use by special use permit (15 units/ acre). Neighborhood Model District zoning is intended to provide 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. The Comprehensive Plan designates this property as Regional Service and Community Service in Neighborhood Three. Regional Service designates areas for regional-scale retail, wholesale, business and/or employment centers, and residential (6.01-34 units/acre). Community Service designates areas for community-scale retail wholesale, business and medical offices, mixed use core communities and/or employment services, and residential (6.01-34 units/acre). The property, described as Tax Map 78, Parcel 16 is located in the EC Entrance Corridor Overlay District and the Rivanna Magisterial District on the south side of Route 250. This property is the former Moore's Lumber site.



Cilimberg, Dougherty




January 11, 2006


ACTION:     X          INFORMATION: 








Pantops Park, LLC represented by Frank Cox of Cox Associates



Pantops Park is a request to rezone and redevelop 4.87 acres from HC (Highway Commercial) to NMD (Neighborhood Model) to create a central banking facility, offices, and commercial / retail uses in a planned development. The Location Map is Attachment I.


The General Development Plan is Attachment II. The Special Use Permit is for a drive-up window for a bank in accordance with Section 20A.6. b.1 of the Zoning Ordinance which allows for drive-up windows serving or associated with permitted uses in a NMD district. The drive-up facility is concealed from the Entrance Corridor behind building 1-A, which contains a 16,014 sq. banking operations center in the basement and on the first floor. The second, third, and fourth floors together contain 24,399 sq. ft. of offices.  The buildings to the rear (1-B and 1-C) of the site are equal in size and contain a total of 45,100 sq. ft. The Code of Development (Attachment III) limits the amount of commercial / retail space to 11,000 sq. ft. in Pantops Park (one level of building 1-B and 1-C). The remainder of the buildings 1-B and 1-C, 34,000 sq. ft., is proposed as office. The parking requirements for the rezoning were based on this restriction. In addition, the Code of Development includes a plan for utilizing the Ordinance’s Traffic Demand Management tools. During the site planning process, this will guide a parking reduction granted by the Chief of Zoning, if necessary. Staff has included as Attachment VI the Commission’s Executive Summary from its December 13, 2005 meeting and the staff report from its November 22, 2005 meeting.



On November 22, 2005 the Planning Commission reviewed the Pantops Park proposal. Due to an advertising error, this review was held as a work session. The Commission provided feedback to the applicant at that time. Additional comment was provided to the applicant regarding the ZMA at the Commission’s December 13 public hearing. The matter was deferred to December 20.  The following was requested of the applicant prior to Commission action:



On December 20, the Commission recommended approval of both the ZMA and SP with the expectation that matters regarding the Agreement to Dedicate public roads and transportation proffer would be addressed before the Board of Supervisors public hearing.



At the December 20th Commission meeting, the applicant agreed to make requested changes to the proffers, including increasing a proffer for pedestrian improvements to better reflect VDOT’s estimates for the cost of these improvements and extending the period for which an Agreement to Dedicate (discussed below) can be finalized.  The proffers now reflect the requests made by the Commission and are in final form. The proffers are Attachment IV and an Agreement to Dedicate is Attachment V.


The agreement will allow for a connection from Route 250 to Spotnap Road within an existing private easement (which includes the existing private Spotnap Road), creating a new public connection between Richmond Road and South Pantops Drive (See Attachment V for the alignment of this connection). The Agreement to Dedicate is a commitment on behalf of all respective parties to dedicate the existing private road in conjunction with proffers 1 and 2, which obligate the Pantops Park applicant to improve the existing private road to VDOT public road standards. As of the completion this report, the Agreement has not been signed by each party’s signatory.


One signatory that has not signed the Agreement is the Albemarle County Service Authority (ACSA). The ACSA had initially expressed concerns that the connection between Richmond Road and South Pantops would remain private. As a result, the Agreement to Dedicate was formalized and coordinated by the applicant. Provided that the ACSA approves their portion of the dedication agreement, the new road will be a full public connection, improved by the Pantops Park applicant. The ACSA is preparing to act on the requested Agreement to Dedicate and anticipated changes to their lower parking lot access (proffer #1) on January 10, 2006. As this will occur past the deadline for this executive summary, staff will provide an update at the January 11, 2006 Board of Supervisors hearing. Additionally, the proffers and Agreement to Dedicate have been reviewed to the satisfaction of the ACSA’s engineering and legal representation. In addition, a signatory required for the dedication on behalf of C.W. Hurt has been out of town. However, the applicant has indicated all parties are satisfied with the Agreement to Dedicate and anticipates all signatories required for the Agreement (excluding the ACSA who will act on the matter January 10, 2006) will sign the Agreement by January 6, 2006. Therefore, the Agreement included as Attachment V is incomplete. Staff will forward the signed Agreement onto the Board by e-mail as soon as an update to the Agreement is received from the applicant.


Waiver of Residential Use Requirement


The Neighborhood Model District zoning requires at least two housing types, unless waived by the Board of Supervisors in accordance with Section 20 A.8a of the Zoning Ordinance:


a.       Each district shall have at least two housing types; provided that this requirement may be waived by the Board of Supervisors if the district is an infill project or if at least two (2) housing types are already present within one-quarter mile of the proposed district. An “infill project” is a project in which a parcel is developed or redeveloped, where abutting or nearby parcels are already developed, and the project area is relatively small compared to the developed abutting or nearby parcels.


Staff recommends waiving the residential requirement as this project is an infill development within a larger area of both residential and non-residential uses. At least two different housing types are already present within a 1/4 mile, including Carraige Hill, Riverbend Apartments, and Wilton Farms.




Staff and the Planning Commission recommend approval of ZMA 2005-00008 with proffers and approval of SP 05-00015 with the following conditions:


1.       Drive-up windows will be limited to three (3); including one to be used for an ATM.

2.       Architectural Review Board issuance of a Certificate of Appropriateness.

3.       Applicant is responsible for installation and maintenance of control devices such as signage, and pavement markings as indicated on the site plan. The crosswalk just beyond the drive-up window bays for the bank shall be identified with crosswalk signage on either side of the drive aisle.



Attachment I    - Location Map

Attachment II   - General Development Plan

Attachment III  - Code of Development

Attachment IV  - Proffers

Attachment V   - Agreement to Dedicate

Attachment VI  - PC Dec 13 Executive Summary

                        November 22 Staff Report
                        View PC actions letter

View PC minutes of December 13 and December 20, 2005