COUNTY OF ALBEMARLE

PLANNING STAFF REPORT SUMMARY

 

Project Name:  ZMA 07-03 NGIC Expansion along with SP 2007-31 and 32

Staff:  Rebecca Ragsdale

Planning Commission Public Hearing: 

July 10, 2007

Board of Supervisors Public Hearing:

August 1, 2007

Owners:    Next Generation LLC (United Land Corporation-Wendell W. Wood)

Applicant: Collins Engineering (Scott Collins, PE/Kirsten Munz, PE, AICP)

Acreage: approx. 15 acres

Rezone from: RA Rural Areas

TMP:   portions of TMP 33-1D and 33-1F

By-right use:  up to 5 additional lots, if  property has all development rights; rural/agricultural uses

Magisterial District:  Rivanna

Proffers:    No

Proposal:  Rezone to CO Commercial Office, with special use permits, to allow two 4-story office buildings of 89,400 square feet each and a three-story 120-unit residential building.

Requested # of Dwelling Units:  120

DA (Development Area):  Community of Piney Mountain

Comp. Plan Designation:  Industrial Service

Character of Property:  Undeveloped, open field and some wooded areas

Use of Surrounding Properties:  National Ground Intelligence Center (NGIC) and undeveloped/rural

Factors Favorable:  (1) The rezoning and special use permits are consistent with the Land Use Plan and are very minor amendments to an already approved development.  (2) The applicant has provided for the extension of Boulders Road, a desired loop road to Route 29 as shown in the Places 29 draft master plan.

 

Factors Unfavorable: (1) VDOT has requested a traffic impact analysis and staff is still awaiting comments from VDOT on whether that will still be required. The applicant would like to address traffic impacts through proffers. (2) Boulders Road, as proposed on the application plan, does not include a typical section that accommodates pedestrians. A proposed typical section should be provided that indicates features such as sidewalk, bike lanes, etc along with design standards for the Development Areas. The applicant has indicated this will be provided. (3) The applicant has not yet provided proffers that address the following:  the Board of Supervisors’ cash proffer policy per residential unit; Affordable Housing policy; Proffer the application plan; and proffers to address specific transportation improvements and their timing, based on requests from VDOT and the County.  However, the applicant has indicated they intend to provide proffers and an application plan to address these outstanding issues listed. 

RECOMMENDATION:   Staff cannot recommend approval of ZMA 07-03 without a proffered application plan and proffers that address the project’s impact. However, the applicant has indicated they will provide necessary revisions to the application plan and proffers to address all outstanding issues listed above. Should the applicant provide a proffered application and proffers in a form that addresses the substantive issues and are technically and legally acceptable, then staff could support the project. Should the rezoning be approved, staff recommends approval of the special use permits with conditions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

STAFF PERSON:                                                                   REBECCA RAGSDALE

PLANNING COMMISSION:                                                                  JULY 10, 2007

BOARD OF SUPERVISORS                                                           AUGUST 1, 2007

 

 

ZMA 07-03 NGIC Expansion

SP 07-31 Special Use Permit-Residential Units

SP 07-32 Special Use Permit-Research & Development; Labs

 

 

PETITIONS 

PROJECT: ZMA 2007-003

PROPOSAL:  Rezone approx. 15 acres from RA Rural Areas Zoning District, which allows agricultural, forestal, and fishery uses; residential density (0.5 unit/acre), to CO Commercial Office – offices, supporting commercial and service uses; and residential use by special use permit (15 units/ acre) to allow for up to 178,800 square feet of office space in two 4-story buildings of 89,400 square feet each. This proposal also includes two concurrent special use permits SP 07-031 to allow a 3-story 120 unit apartment building and  SP 07-32 to allow research and development uses in the proposed office buildings.

PROFFERS:  No

EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY:  Industrial Service -- warehousing, light industry, heavy industry, research, office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01-34 units/acre) in the Community of Piney Mountain in the Development Area.

ENTRANCE CORRIDOR: Yes

LOCATION: east of Route 29 North, at the end of Boulders Road, adjacent north of the NGIC facility

TAX MAP/PARCEL: Portion of Tax Map 33 Parcels 1D & 1F

MAGISTERIAL DISTRICT: Rivanna

 

PROJECT: SP 2007-31 (refer to ZMA 07-003 NGIC Expansion)

PROPOSED: 120 unit three-story apartment building at a gross density of 8.0 units per acre on an approximately 15-acre site.

ZONING CATEGORY/GENERAL USAGE: Existing Zoning is RA Rural Areas Zoning District, which allows agricultural, forestal, and fishery uses; residential density (0.5 unit/acre), ZMA 07-003 proposes to rezone to CO Commercial Office – offices, supporting commercial and service uses; and residential use by special use permit (15 units/ acre).

SECTION: 18.23.2.2.9uses permitted in Residential R-15 Zoning District.

EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY:  Industrial Service -- warehousing, light industry, heavy industry, research, office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01-34 units/acre) in the Community of Piney Mountain in the Development Area.

ENTRANCE CORRIDOR: Yes

LOCATION: east of Route 29 North, at the end of Boulders Road, adjacent north of the NGIC facility

TAX MAP/PARCEL: Portion of Tax Map 33 Parcels 1D & 1F

MAGISTERIAL DISTRICT: Rivanna

 

PROJECT: SP 2007-32 (refer to ZMA 07-003 NGIC Expansion)

PROPOSED: Allow for research & development uses within proposed CO Zoning District Office Buildings, 178,800 square feet of office space in two 4-story buildings of 89,400 square feet each.

ZONING CATEGORY/GENERAL USAGE: Existing Zoning is RA Rural Areas Zoning District, which allows agricultural, forestal, and fishery uses; residential density (0.5 unit/acre), ZMA 07-003 proposes to rezone to CO Commercial Office – offices, supporting commercial and service uses; and residential use by special use permit (15 units/ acre).

SECTION: 18.23.2.2.12 Research and development activities including experimental testing.

EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY:  Industrial Service -- warehousing, light industry, heavy industry, research, office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01-34 units/acre) in the Community of Piney Mountain in the Development Area.

ENTRANCE CORRIDOR: Yes

LOCATION: east of Route 29 North, at the end of Boulders Road, adjacent north of the NGIC facility

TAX MAP/PARCEL: Portion of Tax Map 33 Parcels 1D & 1F

MAGISTERIAL DISTRICT: Rivanna

 

CHARACTER OF THE AREA

The site is approximately 15 acres in size and is zoned RA Rural Areas and is a portion of two tax map parcels; it is located in the Development Area. It is located east of Route 29, just beyond the end of existing Boulders Road to the northeast, and the National Ground Intelligence Center (NGIC) facility, which is zoned LI Light Industrial. The property is partially wooded and open/undeveloped. Adjoining property, with the exception of the NGIC facility, is owned by the applicant and is zoned Rural Areas or PRD Planned Residential north of the site. Across Route 29 to the west are the Briarwood and Camelot subdivisions, and to the north the GE Fanuc facility.  (Attachment A-Aerial, Attachment B-Zoning Map)

 

SPECIFICS OF PROPOSAL 

The applicant has provided an application plan (dated June 12, 2007) which shows a request for two 4-story office buildings of 89,400 square feet each and a 120-unit apartment building, with over 800 surface parking spaces. A rezoning to CO Commericial Office is requested, since it will allow the office uses and also allow for the residential uses, along with the possibility for additional future employment uses, like research and development by special use permit. This proposal is intended to provide additional space for the National Ground Intelligence Center (NGIC) and its support/subcontractor base, through a long-term lease with the applicant, and is immediately adjoining the expansion area for the NGIC facility, where the Defense Intelligence Agency will likely locate. Based on the national security requirements of the users of the building, the site has been designed to comply with security regulations. The residential component will be constructed like an apartment building with 120 2-bedroom units; however, it  will initially function more like barracks or more temporary living quarters based on the intended  tenant’s needs. The applicant will retain ownership of the property so a rezoning is necessary and the project is not exempt from local regulations.  (Attachment E-Application Plan)

 

APPLICANT’S JUSTIFICATION FOR THE REQUEST

The applicant has indicated that the public benefit to this request is that it will provide employment in a sector which provides well paying jobs for Albemarle County citizens and supports NGIC.

 

PLANNING AND ZONING HISTORY

A rezoning was submitted in 1999 (ZMA 99-02) for a portion of TMP 33-1D for Value America to Light Industrial, but was eventually deferred and withdrawn. The adjoining NGIC facility was constructed and occupied around 2000.

 

COMPREHENSIVE PLAN:

 

Conformity with the Land Use Plan

The Land Use plan designates this property as Industrial Service in the Community of Piney Mountain. (See inset below)

 

 

Staff has found the proposal consistent with this land use designation and with the specific recommendations for Piney Mountain. The table below indicates Comprehensive Plan recommendations in the left column and how the proposed rezoning has addressed each in the column to the right.

 

 

 

INDUSTRIAL SERVICE

Uses allowed within this designation include warehousing, light industry, research, heavy industrial uses, as well as uses allowed under Office Service.

 

The uses proposed fall within those recommended under Office Service.

 

 

 

Office Service Uses allowed within this designation include office parks and mixed-use planned development emphasizing office uses, residential uses, and regional-scale research and office uses providing information and professional services to the County and the larger region. Limited production activities and marketing of products may be included.

 

The proposed zoning is Commercial Offices and intended use will be  primarily office to support the expansion of NGIC. There are no uses proposed that involve the production of or marketing of products. However, the applicant has proposed a special use permit to allow research, development, and lab activities to allow additional future employment uses

Commercial uses are allowed in this designation as a secondary use.

 

 

No supporting commercial uses are proposed with this rezoning.

Residential uses may be appropriate in the Industrial Service designation if such uses are compatible with the nearby and adjacent Industrial Service uses. Care should be taken to insure that the impacts of the Industrial Service uses, including traffic, noise, odors, and vibrations will not affect residential uses. Where residential uses are provided, both vehicular and pedestrian interconnections are expected to nearby industrial areas.

 

The applicant is proposing residential uses in the form of a 120-unit apartment building. The residential units will be supportive of nearby NGIC activities and provide for living quarters.  Under lease agreements with the federal government, the apartments will not be available on the open market, as long as they are tenants of the office buildings. The nearby uses are not anticipated to adversely affect the residential uses, which are located to the rear of the site and adjoin the Rural Area. Staff has asked the applicant to indicate on the application plan where interconnections to the adjoining NGIC facility will be provided. An internal pedestrian system is provided and the applicant has indicated a willingness to provide for pedestrian facilities on Boulders Road.

Industrial Service designation requires appropriate site size (+ 5 acres), arterial road accessibility, water and/or sewer availability, compatibility with adjacent uses. Rail access may be necessary

The site is an appropriate size for the requested uses and will have road access, and water and sewer service. The uses will be supportive of the adjoining NGIC facility and no land uses proposed would benefit from rail access.

 

Areas for less-intensive industrial uses may act as transitional areas between commercial and industrial areas. Uses in these areas may not require major infrastructure provisions. A zoning district to distinguish between general industrial and transitional industrial may be appropriate as an amendment to the zoning ordinance.

 

 

 

 

Staff believes that this proposal, due to the location of the site, is more appropriate for Office Service or less-intensive industrial uses, as described above and will serve as a transition from the NGIC complex to the area to the north of the site.

 

 

 

 

 

 

 

PINEY MOUNTAIN LAND USE PLAN RECOMMENDATIONS

 

Three areas of environmental sensitivity exist in the Community of Piney Mountain. The first is the area of steep slopes on the western boundary of the Community; the second is the tributary stream valley separating the industrial portion of the Community from the residential section, west of Route 29 and; the third is the floodplain of the North Fork of the Rivanna River.

 

 

The environmental features described are not located on the site proposed for rezoning. No critical slopes are located on the site and it is on the east side of Route 29 from the stream valley described and not located near the North Fork of the Rivanna River.

 

An area east of Route 29 and west of the unnamed tributary of the North Fork of the Rivanna River is designated for Industrial Service. No development of properties above what is allowable under current zoning will take place until water and sewer services are provided to the area.Recommended water and sewer improvements for the Piney Mountain Community entail major system upgrades. As such, recommendations for this area are outlined in the Water and Sewer section consistent with the Rivanna Water and Sewer Authority and the Albemarle County Service Authority for the provision of service to this area.

 

 

The Albemarle County Service Authority has indicated that water and sewer service is available to serve this site. ACSA estimates, based on the proposed square footage and number of units proposed, that sewage flow estimates are 48,492 gallons per day and will require capacity certification from RWSA. Staff is still seeking information from the Albemarle County Service Authority to address the issue of needed major system upgrades to support this use.

(Attachment C)

Consider development proposal for the Industrial Service area east of Route 29 under a planned development approach to allow for the coordination of public utilities and facilities, road access and necessary internalized support services.

 

The applicant has adequately provided for utilities and road access and intends to proffer the application plan for the CO rezoning, so a planned development approach is not necessary to achieve the land use plan goals. The minimum acreage requirement for Planned Industrial Park developments is 50 acres in size and this project is 15 acres in size.

 

An undisturbed buffer area along Herring Branch should be maintained/provided to reduce the visual impact of the development of the Industrial Service Area east of Route 29. Also, maintain natural buffers on the perimeter of this site, along steep slopes and stream valleys.

 

Herring Branch is located on Tax Map 33-1D but does not fall within the area proposed for rezoning. It is located north and west of the project area. (Attachment A and B)

 

Development plans along Route 29 North are to be sensitive to its status as an Entrance Corridor Roadway. Due to the elevation of the Industrial Service area east of Route 29 and its potential visibility from Routes 29 and 600 and surrounding areas, development of this area will be subject for review for such visual impact.

 

 

The Architectural Review Board staff reviewed this request and initially noted that the area of the proposal is approximately 1300’ from the EC. However, given the topography of the site and the recommendation from the land use plan the applicant provided site cross sections (Sheet 6-Application Plan, Attachment D) for staff to further evaluate any visual impacts. Staff has concluded that there are no concerns and the site is not visible from the entrance corridor.

 

 

Transportation Improvements include:

 

  • Future land development along Route 29 shall have controlled access to the roadway. This can be accomplished through joint entrances, frontage roads, and side street access.

 

  • Develop alternative modes of transportation to serve the Piney Mountain Community, particularly, large employment generating areas. This may be accomplished through the partnership between developers of large employment generating areas and the Metropolitan Planning Organization (MPO).

 

 

 

  • Access to Route 29 for the Industrial Service Area east of Route 29 shall be limited to the existing crossover south of the Briarwood/G.E. Fanuc crossover. A second access to the site for emergency purposes should be considered during the development review process.

 

 

 

  • Construct a park and ride facility along Route 29 in the HollymeadPiney Mountain area.

 

 

 

The site will be accessed through an extension of Boulders Road, which currently has one signalized access point with Route 29.

 

 

Transit service is not currently provided to Piney Mountain and is not currently planned. However, recent rezonings in this area of the County have proffered to  make provisions within the development, such as bus stops/bus pull offs, and to provide cash proffers towards transit service for extension to Piney Mountain in the future.

 

Boulders Road will be extended to serve the project site. The applicant has shown the future extension of Boulders Road to connect at Austin Drive, at the Briarwood/GE Fanuc access.  Staff has encouraged the applicant to provide for this right-of-way with this rezoning to ensure the desired loop road can be accomplished.

 

The applicant’s project site does not accommodate a park and ride facility.

 

 

 

Places 29 Master Plan

Although not yet adopted by the County, the draft master plan recommendations for this property have been considered in review of the rezoning request. The proposal falls within an area designated as Office/R&D on the draft Framework Plan for Places 29 and the proposed uses are consistent with that designation. The Framework Plan, consistent with the land use plan recommendations, also shows a desired interconnection to be provided by extending Boulders Road in a loop fashion to intersect with Austin Drive to the north. (see inset below) The site is adjacent to, but not included in, an area designated for a Neighborhood Service Center and then transitions from the Office/R&D land uses to residential.

 

Preferred Framework North-Public Workshop 1/23/07

 

Places 29 makes specific recommendations regarding the desired cross section for Boulders Road adjacent to this proposal (inset below). The applicant has provided right-of-way and for the road in the general location shown on the plan, but has not as yet provided a typical street section having the desired features. The applicant has indicated that the application plan will be revised to provide a typical section for Boulders Road that includes pedestrian and bike facilities.

 

 

 

 

Neighborhood Model

The Neighborhood Model describes the more "urban" form of development desired for the Development Areas. The applicant has indicated, due to the specific needs of the intended user and government security regulations, it is difficult to meet the principles of the Neighborhood Model. The site has been designed to comply with the Department of Defense’s Minimum Antiterrorism Standards for Buildings. These standards require setbacks, or “standoff distances”, from the perimeter of the site and parking areas that make it difficult to meet some of the neighborhood model principles.

 

 

Pedestrian Orientation

An internal sidewalk system has been proposed that connects pedestrians to the proposed office and residential buildings. However, no pedestrian facilities are proposed for Boulders Road or to connect to adjoining properties.

 

This has been discussed with the applicant, who intends to provide for this on the application plan in expected revisions to the plan.

 

Neighborhood Friendly Streets and Paths

Boulders Road, as currently proposed on the application plan, is a 4-lane divided section with no planting strip or pedestrian/bike paths proposed.

 

This principle has not been adequately met. However, as indicated the applicant intends to provide for this with a revised typical section for Boulders Road on the application plan.

 

Interconnected Streets and Transportation Networks

The applicant is providing an interconnection with the extension of Boulders Road. However, no connections from the site to adjoining properties have been shown on the current plan. However, when the adjoining property develops with expanded NGIC facilities, entrances and access drives may be shared. The application plan will be revised to reflect this.

 

Parks and Open Space

 

Open space and recreation areas are shown on the application plan adjacent to the proposed buildings in hatching and are accessible by sidewalks. The recreation area is adjacent to the residential building and features have not been specified yet, but will be based on Zoning Ordinance requirements for the number of residential units proposed. Open space totals 5 acres and the recreation area proposed is 0.55 acres in size. The specific amenities to be provided are not defined on the plan but will be provided for according to the Zoning Ordinance.

 

Although a more central focal point of recreation for residents and employees would be desirable, the applicant may be limited in providing this based on government security requirements.

 

Neighborhood Centers

NGIC serves as a single use employment district that this proposal would add to, while providing added residential. The site is located adjacent to a proposed center in the Places 29 master plan, but currently does not relate to a Neighborhood Center.

 

 

Buildings and Spaces of Human Scale

Buildings are proposed for 4-stories and 3-stories in height and do not relate to Boulders Road.

 

Relegated Parking

Parking areas are located adjacent to Boulders Road and in front of proposed buildings. However, the applicant has indicated this design is driven by security regulations.

 

Mixture of Uses

 

The proposal allows for CO uses and a residential component is proposed. Staff believes that the mix of uses is appropriate.

 

Mixture of Housing Types and Affordability

Apartments are the only housing type proposed and are intended, initially, to serve the needs of the office building users. The applicant has not yet indicated how the affordability goals of the Comprehensive Plan will be met, but has been provided comments from the Director of Housing and has indicated an intent to address housing affordability with proffers.

 

Redevelopment

The site is currently undeveloped.  

 

Site Planning that Respects Terrain

The project area does not have any topographic challenges and this principal is met.

 

 

Clear Boundaries with the Rural Areas

The property is adjacent to the Rural Area and Zoning Ordinance required buffers have been provided for along the southeastern edge of the proposal.

 

 

 

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

CO districts are intended to permit development of administrative, business and professional offices and supporting accessory uses and facilities. The district is intended as a transition between residential districts and other more intensive commercial and industrial districts.

 

Staff advised the applicant that the CO District seemed most appropriate for the land use program proposed and staff believes the proposal is consistent with the intent of the district and does serve as an appropriate transitional zoning district between industrial and residential.

 

 

Anticipated impact on public facilities and services

 

Streets – The development will generate an additional 2,775 trips per day as provided in the applicant’s trip generation estimates on the application plan. VDOT has indicated the expansion of the NGIC facilities may eventually warrant a dual southbound left turn lane off Rte. 29. VDOT indicated they have met with NGIC to discuss the needs of the intersection with this proposed expansion and that their traffic engineering section is currently obtaining traffic data to analyze the intersection.  The applicant has indicated on the application plan off-site improvements to Route 29 would be provided, however further evaluation of impacts to Route 29 and discussion is still needed. VDOT provided additional comment that the rezoning requires a traffic impact analysis, however the applicant has requested they reconsider that based on the analysis and decisions made when Boulders Road was initially constructed.

 

Schools If developed as market residential rather than temporary housing (barracks), the development would be expected to generate 25 students broken down as follows: 16 elementary school students, 5 middle school students, and 4 high school students.  These students would attend Baker-Butler Elementary School, Sutherland Middle School, and Albemarle High School.  The particular use of this site as “barracks” may result in no initial impact to schools.

 

Fire, Rescue, Police – Fire stations serving this site are Stony Point and Earlysville stations; with rescue and future fire facilities located nearby at the Hollymead Station.   Albemarle County 5th Street Office Building is contains the County’s Police Department, although the police patrol all areas of the County regardless of the location of the station.  No impact to these facilities is expected.

Utilities – Albemarle County Service Authority indicates that water and sewer service is available to the site.  However, staff is still discussing the issue of capacity of sewer service with the ACSA and will provide additional information.

Stormwater Management – The County Engineer has not indicated any concerns with the proposed stormwater management concepts provided.

 

Anticipated impact on cultural and 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.      The Virginia Department of Historic Resources’ (DHR) Data Sharing System (DSS) has identified Michie Farm and cemetery (DHR #002-1440) within the project area (see attached GIS map). A Phase I survey was conducted by CRI in 2006. Notes in the DHR file indicate the site was demolished and the cemetery was thought to have been mistakenly identified (see attached DHR summary report).

 

Based upon the information above, a copy of the Phase I survey was requested and provided by the applicant and these resources are shown on the application plan outside the boundaries of the rezoning.

 

Anticipated impact on nearby and surrounding properties

Since primarily office and residential uses are proposed, in support of one of the adjacent properties, no negative impacts are expected to surrounding properties. Surrounding properties are currently undeveloped, but zoning and expected future land uses are not expected to be impacted by this rezoning’s proposed office and residential uses. The applicant has also provided for a 20’ undisturbed buffer around the perimeter of the property, based on the Zoning Ordinance requirements in Commercial Districts.

 

 

Public need and justification for the change

The change in zoning is consistent with the Industrial Service designation of the Land Use Plan and would provide additional employment opportunities in the County, in support of the NGIC and national defense facilities.

 

PROFFERS

The applicant has not yet provided proffers to demonstrate how the impacts of the rezoning proposal would be off-set. Staff has identified and communicated to the applicant what impacts would be appropriate to address through proffers and the applicant has indicated that proffers will be submitted to address these comments.

 

Application Plan-

While an application plan has been provided, it has not yet been proffered.  Staff notes that generally the development is not in conformity with the Neighborhood Model, as it is being designed to meet requirements of Department of Defense. Considering the circumstances influencing this proposal, staff can accept the exceptions to the Neighborhood Model.

 

Cash Proffers-

The Board of Supervisors has reviewed and endorsed moving forward with the development of a Cash Proffer Policy.  In doing so, the Board has accepted the Fiscal Impact Committee’s methodology to determine the cash impact of residential development by dwelling unit type.  Rounded off, the resulting calculated impacts that the Board has also accepted are $17,500 per single family detached unit, $12,400 per apartment unit and $11,900 per townhouse/condominium unit.  It was also the consensus of the Board that, with the exception of affordable dwelling units, all new re-zonings will pay for the equivalent of their full impact as determined by the cash proffer calculations applied to the accepted per unit rates.  Based on the number of apartments (120) proposed in this project, an amount of $1,488,000 has been calculated as the cash impact amount. If 18 units, or 15% of the total number of units proposed, are provided to meet the affordable housing policy, then $1,264,800 would be the cash impact amount.  

 

The applicant has not yet proffered to address impacts of the residential component of this project as they are providing it as part of the temporary housing (barracks) requirements of their lease with the Federal Government. However, the applicant indicates they will provide a proffer to meet the cash proffer expectations of the County at such time that the lease terminates and the units are available as standard marked units.

 

Affordable Housing-

This project has been discussed with the Housing Director, who believes, based on information to date, that the project is subject to the County’s adopted Affordable Housing policy. The policy recommends that 15% of the total number of proposed units be provided as affordable or comparable contributions are made either cash or cash-equivalent . In this project, which proposes120 units ,18 units should be provided as affordable or, based on current operating policy, the amount of $19,100 should be provided for each of the 18 units based on an amount calculated as 6.5% of the VHDA Maximum Loan/Sales Price Limit for its first-time homebuyer programs. 

 

The difficulty with this project is that initially the residential units are associated with the applicant’s lease with the Federal Government to provide temporary housing and will not be available to the open market. The Housing Director is not prepared to make any other recommendations until the applicant's intent and any potential third-party control of the units are clarified.  However, if the applicant prepares a proffer that would commit to future affordability of the units beginning at such time that the units are uncontrolled and are available to the open market, or provides for a cash or cash-equivalent contribution consistent with the calculation previously mentioned, such a proffer would likely meet the intent of the County's Affordable Housing Policy.  The applicant has indicated a willingness to provide such a proffer.

 

Transportation

Proffers should be made to address impacts to Route 29 and to provide for the off-site extension of Boulders Road. The applicant has noted that the turn lanes and any requested improvements by VDOT will be made to Route 29, when warranted. Staff is still working with the applicant to provide direction in terms of Route 29, based on VDOT’s request for a traffic impact analysis. The applicant has indicated a willingness to address transportation impacts in the form of proffers.

 

 

Staff Comment on SP 07-31-Request for R15 Residential Uses in the CO Commercial Office District

 

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,

No detriment to adjoining properties is anticipated from the requested residential uses.

 

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

The project site is in a currently undeveloped area but the proposed office buildings and apartment building will not be out of character, based on the existing NGIC facility and anticipated Neighborhood Service center and other future land uses.

 

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

In the opinion of staff, the proposed use is supportive of the purpose and intent as described in the Zoning Ordinance with regard to special use permit requests.

 

with uses permitted by right in the district,

Uses allowed by-right in the CO District include a range of primarily office and civic uses. The proposed apartments would not be in conflict with any of these uses and the project has been designed from the on-set to coordinate the office and residential buildings on the site.

 

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

No additional regulations apply to residential uses. The residential uses are subject to Chapter 18-R15 zoning district regulations.

 

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. There are no safety concerns with the proposed residential uses.

 

 

Staff Comment on SP 07-32 for Research and development activities including experimental testing and Laboratories, medical or pharmaceutical.

 

Since the site proposed for rezoning is intended to provide for employment generating land uses, staff advised the applicant to preserve future opportunities for additional land uses while requesting this rezoning. Therefore, the applicant is requesting this special use permit for research, development, and lab uses now. The applicant does not have any specific users identified at this time.  However, it is not uncommon for the County to approve the opportunity for these uses in advance of specific users being known, such as the Fontaine Research Park for example.

 

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,

No detriment to adjoining properties is expected.

 

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

The project site is in a currently undeveloped area but the proposed research and lab uses would not out of character with office and the nearby residential uses.

 

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

In the opinion of staff, the proposed use is supportive of the purpose and intent as described in the Zoning Ordinance with regard to special use permit requests.

 

with uses permitted by right in the district,

The proposed use would compliment nearby proposed office uses.

 

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

There are no supplemental regulations in Section 5.0 of the Zoning Ordinance for this use.

 

and with the public health, safety and general welfare.

There were no particular concerns identified at this time. Typically, applicants are required to provide a certified engineers report at the site plan or zoning clearance stage for any research, development, or lab uses so that any concerns can be addressed. This is a recommended condition of approval for the special use permit.

 

SUMMARY:

Staff has identified the following factors favorable to this rezoning and special use permits requested:

1.      The rezoning and special use permits are consistent with the Land Use Plan.

2.      The applicant has provided for the extension of Boulders Road, a desired loop road to Route 29 as shown in the Places 29 draft master plan.

 

Staff has not identified factors unfavorable to this request:

1.      VDOT has requested a traffic impact analysis and staff is still awaiting comments from VDOT on whether that will still be required. The applicant would like to address traffic impacts through proffers.

2.      Boulders Road, as proposed on the application plan, does not include a typical section that accommodates pedestrians. A proposed typical section should be provided that indicates features such as sidewalk, bike lanes, etc along with design standards for the Development Areas. The applicant has indicated this will be provided.

3.      The applicant has not yet provided proffers that address the following:

o        The Board of Supervisors’ cash proffer policy per residential unit;

o        Affordable Housing policy;

o        Proffer the application plan;

o        Proffers to address specific transportation improvements and their timing, based on requests from VDOT and the County.

 

However, the applicant has indicated they intend to provide proffers and an application plan to address these outstanding issues listed.  

 

RECOMMENDED ACTION:

 

ZMA 2007-003

Staff cannot recommend approval without a proffered application plan and proffers that address the project’s impact. However, the applicant has indicated they will provide necessary revisions to the application plan and proffers to address all outstanding issues listed above. Should the applicant provide a proffered application and proffers in a form that addresses the substantive issues and are technically and legally acceptable, then staff could support the project.

 

Staff recommends the following conditions of approval for the requested special use permits, should the rezoning be approved:

 

SP 2007-031

  1. A maximum number of 120 apartment units shall be permitted.

 

SP 2007-032

  1. Future research, development/laboratory tenants will be subject to approval of a certified engineer’s report prior to final site plan approval or occupancy, depending on timing.
  2. If any discharge of other than domestic wastes into the public sewer system is expected, the ACSA shall be so notified prior to site plan approval.

 

ATTACHMENTS

Attachment A – Location Map-Aerial

Attachment B – Zoning Map

Attachment C – Albemarle County Service Authority comments from Gary Whelan, dated April 24, 2007

Attachment D- VDOT comments from Joel Denunzio, letter dated April 27, 2007 and e-mail dated June 28, 2007

Attachment E- NGIC Expansion Project, Application Plan for Zoning Map Amendment ZMA 2007-003, dated June 12, 2007, prepared by Collins Engineering

Attachment F – Proffer Statement, NGIC Expansion, dated July 2, 2007 [Not yet reviewed by staff at the time of this report and more information may be provided at the Commission’s July 10, 2007 meeting.]

Attachment G – NGIC Expansion Project, Application Plan for Zoning Map Amendment ZMA 2007-003, prepared by Collins Engineering, revised Exhibit 3-Application Plan, Sheet 3 of 6, received July 2, 2007

[Not yet reviewed by staff at the time of this report and more information may be provided at the Commission’s July 10, 2007 meeting.]

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