COUNTY OF ALBEMARLE

PLANNING STAFF REPORT SUMMARY

Combined Report for ZMA 06-21 and SP 06-44

Project Name:  ZMA 06- 21 & SP 06-44  Avemore Commercial Amendment

Staff:  Rebecca Ragsdale

Planning Commission Public Hearing:

April 10, 2007

Board of Supervisors Public Hearing:

June 6, 2007

Owners:  Avemore, LLC

Applicant: Stonehaus, Inc.

Acreage: 0.167 acres (approx 1/10 acre)

Rezone from: R-10 to R-15 Residential

 

TMP:   TMP 78-B-3-1

Location: A portion of former Garnett Center Drive, East of Route 20 North (Stony Point Road), South of Fontana Drive

 

By-right use:  R-10 Residential (10 units/acre)

 

Magisterial District:  Rivanna

Proffers:        Yes

Proposal:  Rezoning and Special Use Permit to allow 0.169 acres to be added to the Avemore Commercial development for parking area and landscaping.

Total Requested Square Footage:  No additional building area requested

DA (Development Area): Pantops (Neighborhood 3)

 

Comp. Plan Designation: Urban Density Residential – residential (6.01-34 units/acre) and supporting uses such as religious institutions, schools, commercial, office and service uses.

 

Character of Property:  Undeveloped, partially wooded

Use of Surrounding Properties:  Residential, undeveloped, and private school

Factors Favorable:

1.      The rezoning and special use permit are consistent with the Land Use Plan and are a minor amendment to an already approved development.

 

Factors Unfavorable:

1.      Minor revisions are needed to the proffers and plan.

RECOMMENDATION:  Staff recommends approval of ZMA 2006-21, provided that minor revisions are made to the proffers and plan as recommended by staff and recommendation of SP 06-43.

 

 

 

STAFF PERSON:                                                                              Rebecca Ragsdale

PLANNING COMMISSION DATE:                                                   April 10, 2007

BOARD OF SUPERVISORS DATE:                                                June 6, 2007

 

 

ZMA 2006-021 & SP 2006-044 Avemore Commercial

 

PETITIONS:

PROJECT: ZMA 200600021 Avemore Commercial Amendment                                                         
PROPOSAL:  Rezone 1/10 acre from R-10 Residential (10 units/acre) to R-15 Residential (15 units/acre) to allow for an addition to the parking area to support Avemore Commercial.                                                  
PROFFERS:  Yes                                                                                                                                            
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Urban Density Residential - residential (6.01-34 units/acre) and supporting uses such as religious institutions, schools, commercial, office and service uses in Neighborhood 3 (Pantops) in the Development Area.                                                              
ENTRANCE CORRIDOR: Yes                                                                                                                  
LOCATION: a portion of Garnett Center Drive, East of Route 20 North (Stony Point Road), South of Fontana Drive
TAX MAP/PARCEL: TMP 78-B-3-1                                                                                                      
MAGISTERIAL DISTRICT: Rivanna

&

PROJECT: SP 200600044 Avemore Commercial-Amendment

PROPOSED: Addition of a small area to Avemore commercial (approved SP00-69 & 00-70) to allow for parking to support the commercial uses.

ZONING CATEGORY/GENERAL USAGE: R15 Residential (existing zoning is R10 and this SP is being processed concurrently with ZMA 2006-00021 to rezone from R10 to R15)

SECTION: 18.2.2.11 Offices & 18.2.2.12 retail uses

COMPREHENSIVE PLAN LAND USE/DENSITY:  Urban Density Residential - residential (6.01-34 units/acre) and supporting uses such as religious institutions, schools, commercial, office and service uses in Neighborhood 3 (Pantops) in the Development Area.

ENTRANCE CORRIDOR: Yes

LOCATION: a portion of Garnett Center Drive, East of Route 20 North (Stony Point Road), South of Fontana Drive

TAX MAP/PARCEL: TMP 78-B-3-1

MAGISTERIAL DISTRICT: Rivanna

 

CHARACTER OF THE AREA:  
The property is part of the Avemore development, which includes multifamily housing. Adjacent to the property subject to this petition is a site proposed for two retail/office buildings consisting of 4 units each totaling 19,200 square feet, which is currently undeveloped and wooded. The commercial portion of Avemore  is phase III of the larger four-phase development, which has two phases completed and two more to be constructed with 126 more units adjacent to the commercial area. Located southwest of the commercial portion of Avemore is R10 zoned Wilton Farm, with duplexes immediately adjacent to the commercial area. The Frost Montessori School is located across Fontana Drive from Avemore and single family homes in Fontana are located to the east, within walking distance of Avemore. (Attachments A-Plat of Area to be rezoning B-Aerial, C-Zoning, D-Land Use Plan, E-Avemore Approved Conceptual Development Plan)

 

SPECIFICS OF THE PROPOSAL:

This rezoning is to allow a portion of former Garnet Center Drive (0.167 acres-Attachment A) to be zoned to R-15 with a concurrent application for a special use permit for supporting commercial, to be added to the Avemore Commercial plan for parking and landscaping. Research through the Avemore rezoning and the special use permit files show that this area was shown on the Conceptual Development Plan but was not rezoned because it was not included on the plats submitted as part of the rezoning. While the existing R10 zoning also allows retail and commercial with an approved special use permit, the rezoning of this additional area will allow consistency between zoning and proffers with the rest of Avemore.

 

APPLICANT’S JUSTIFICATION FOR REQUEST:

The addition of the small strip of land will allow the applicant to make minor changes to the plan to improve parking layout and circulation of the commercial portion of Avemore.

 

PLANNING & ZONING HISTORY: 

Prior to 1980 the property was zoned Agricultural and following the comprehensive rezoning in 1980 was zoned R1 Residential. The property was rezoned from R-1 to R-10 through ZMA 88-12 (Dr. Sansone). The approval of ZMA 00-10 for Avemore rezoned the property from R-10 to R-15 Residential to allow 406 dwelling units, including 360 apartments and 46 townhomes. Special use permits 00-69 and 00-70 were approved at the same time to allow professional offices and retail shops in two 10,000 buildings. (Attachment E-Avemore Proffers & Conceptual Development Plan) Phase I of Avemore has been completed with 142 apartments and Phase II has been approved for 92 multifamily units. Phase III preliminary site plan for Avemore Commercial has been approved (with a minor variation to the location of the commercial buildings) and Phase IV, which would include the 46 townhomes, has no site plans approved.

 

COMPREHENSIVE PLAN:

Land Use Plan

The Land Use plan designates this property as Urban Density which is anticipated to accommodate areas of nonresidential land uses on the scale of Neighborhood Service and Office Service, including neighborhood-scale commercial; specialty shops; professional and office uses providing retail, wholesale, and/or business within a Village. Areas designated as Neighborhood Service should have a specific relationship to nearby and surrounding residential uses and, to the greatest extent possible, be connected to those uses through a system of sidewalks or pedestrian paths. This intent has been provided for in the Avemore plan and this petition, which supports the original Avemore approval, is consistent with that intent.

 

Neighborhood Model

The Neighborhood Model describes the more "urban" form of development desired for the Development Areas. As this rezoning request is for a very small area to be incorporated into an approved plan, staff has not undertaken a detailed analysis of its relationship to the 12 Principles of the Neighborhood Model. Staff does note that the commercial component in Avemore, which the property subject to this petition will support, achieves the principles of Mixture of Uses and Neighborhood Centers for this area of Pantops. The staff report and analysis that support the rezoning and special use permits for Avemore is provided as Attachment F.

 

STAFF COMMENT on ZMA 06-21:

Relationship between the application and the purpose and intent of the requested zoning district

The applicant is requesting an amendment to allow a small strip of land be rezoned from R10 to the R15 district. The intent of the R15 Residential district is to provide for compact, high-density residential development; permits a variety of housing types; and provide incentives for clustering of development and provision of locational, environmental and developmental amenities. Staff believes that this proposal supplements an approved development consistent with the intent of the R15 Zoning District.

 

Anticipated impact on public facilities and services

Roads- No adverse impact to roads is anticipated with the addition VDOT indicated no comments are necessary from there office for the change. (Attachment I) Entrances from public roads into Avemore Commercial do not change with the proposed rezoning.

Water and Sewer- Adequate water and sewer are available to serve the Avemore development. The small area subject to this request does not require public utility service. (Attachment H)

Stormwater Management- There are no concerns with stormwater management and it will be an element of the site plan review process for the development.

Schools- There will be no impacts to schools.

Fiscal Impact- A fiscal impact analysis was not requested since there is no additional building square footage proposed.

 

Anticipated impact on cultural and historic resources

No impact is expected on cultural or historic resources. The submittal has been reviewed for possible impact to known historic (fifty years old or older) architectural resources and known or potential archaeological resources with the following comments provided by the Historic Preservation Planner:

1.      Virginia Department of Historic Resources’ Historic Resource data has no surveyed historic architectural or archaeological sites identified on within the project area. Note: The absence of historic resources in DHR records does not necessarily mean that no historic properties are present. It is possible that the area in question has not been systematically surveyed for resources.

 

2.      Historic Wilton Farm (DHR #002-0138) was located within ¼ mile of the project area, but was razed as a result of previous development. No additional adverse impact is expected.

 

Anticipated impact on nearby and surrounding properties

The applicant is requesting a very minor amendment to add this area to an already approved plan for Avemore Commercial. The only area of concern to staff has been impacts to the adjoining residential properties in Wilton, with residences immediately abutting the proposed parking area. The applicant is proposing a 20 foot wide landscaped screening area between the parking and residences, showing Leyland Cyprus on the landscape plan. Staff recommends that the plan be revised to reflect landscaping that both provides a screen and meets ARB recommendations.  The ARB has recommended the following regarding the proposal at their meeting on February 20, along with other conditions:

Revise the landscape plan to provide more coordinated planting along the west side and northwest corner of the site. Provide a mix of evergreen and deciduous trees in these areas. If White Pines remain in the mix, provide evergreen shrubs as well to ensure future screening at lower levels.

 

Public need and justification for the change

The change in zoning from R10 to R15 will support the existing Avemore project and allow consistency of zoning on the entire Avemore project. The applicant has indicated that adding the additional area will result in a better parking layout and landscaping.

 

PROFFERS:

Proffers have been provided with this rezoning, which are those previously approved with the original Avemore rezoning. (Attachment J) Only minor changes are needed to revise the plan to clearly show the area for this rezoning and to address the landscaping/screening issue.

 

 

Staff Comment on SP 06-44:

Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance as follows:

31.2.4.1: Special Use Permits provided for 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,

Staff does not anticipate any substantial detrimental impacts to adjacent property since the amendment adds a very small strip of land and does not result in any other changes to the originally approved plans for Avemore commercial. Impacts to adjacent residents will be addressed with landscape screening as recommended by staff.


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

The applicant is proposing a very minor amendment which will not result in any character changes to the district from the already approved plan.

 

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

The applicant is requesting an amendment to allow a small strip of land be rezoned from R10 to the R15 district. The intent of the R15 Residential district is to provide for compact, high-density residential development; permits a variety of housing types; and provide incentives for clustering of development and provision of locational, environmental and developmental amenities. Staff believes that the proposal does not conflict with the intent of the R15 Zoning District.

 

with uses permitted by right in the district,

This proposal supplements the approved Avemore development and commercial uses will be located within walking distance of by-right residential uses in the district and are situated appropriately to the residential.

 

with the additional regulations provided in section 5.0 of this ordinance,

There are no additional regulations in section 5.0 that address office or retail uses.

 

and with the public health, safety and general welfare.

The public health, safety, and general welfare of the community are protected through the special use permit process which assures that the proposed uses are appropriate in the location requested. A preliminary site plan has also been approved for Avemore Commercial and there were no significant comments from the Albemarle County Service Authority (ACSA), who has indicated that the site is served by water and sewer, or the Virginia Department of Transportation (VDOT). Comments from these agencies are attached. (Attachment H and I)

 

SUMMARY:

Staff has identified the following factors favorable to this rezoning and special use permit request:

1.      The rezoning and special use permit are consistent with the Land Use Plan and are very minor amendments to an already approved development.

Staff has not identified factors unfavorable to this request:

1.      Minor revisions are needed to the proffers and plan.

 

 RECOMMENDED ACTION: 

Staff recommends approval of ZMA 2004-010, provided that proffers and plan are revised based on staff’s recommendation for landscaping revisions.

Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2006-044 for Avemore. No conditions of approval are necessary because this area is shown for parking and landscaping only on the proffered conceptual plan.

 

ATTACHMENTS:

  1. Exhibit A-Rezone of a portion of new parcel B1, area to be rezoned with ZMA 06-21
  2. Location Map-Aerial
  3. Location Map-Zoning
  4. Location Map-Land Use Plan
  5. Avemore Approval Letters, Proffers & Conceptual Development Plan
  6. Staff Report for Avemore ZMA 00-10, SP 00-69, SP 00-70, prepared by Michael Barnes for the June 5, 2001 Planning Commission and June 20, 2001 Board of Supervisors meetings
  7. Proposed Conceptual Development Plan, titled Avemore LLC-Phase III, Amended Site Plan with Garnett Center Drive Added, prepared by WW Associates and last revised March 13, 2007
  8. ACSA Comments, memo to Rebecca Ragsdale from Gary Whelan dated January 15, 2007
  9. VDOT Comments, letter to Bill Fritz from Joel DeNunzio, dated January 27, 2007
  10. Proffer Form for ZMA 2006-021, dated March 12, 2007
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