PRIVATE ALBEMARLE COUNTY PLANNING

STAFF REPORT SUMMARY

 

Project Name:  ZMA 05-15 Hollymead Town Center

Staff:  Sean Dougherty

Planning Commission Public Hearing: 

April 3, 2007

Board of Supervisors Hearing:

June 13, 2007

Owners:  H.M. Acquisition Group

Applicant: H.M. Acquisition Group, represented by J.P. Williamson

Acreage: 31

Rezone from: RA - Rural Areas to PDMC - Planned  Development Mixed Commercial)

TMP:   Tax Map 32, parcels 42A, 42C, a portion of Tax Map 32, parcel 44, a portion of Tax Map 32, parcel 45, and Tax Map 46, parcel 5

Proffers:  Yes

By-right use:  Agricultural uses or six dwelling units

Magisterial District:  Rio

Requested # of Dwelling Units: none

DA  X                             RA

Proposal: 278,000 square feet of office and commercial uses on 31 acres, including 4.5 acre greenway dedication.

Comp. Plan Designation: Town Center -- Compact, higher density area containing a mixture of businesses, services, public facilities, residential areas and public spaces, attracting activities of all kinds. (6.01-34 dwelling units per acre).

Character of Property:  The subject property lies west of Route 29, south of Area B of the Hollymead Town Center (Harris Teeter and Chevy Chase Bank) and north and east of Powell Creek and its tributary which flows from the location of the Deerwood subdivision. The area has been cleared, graded, and prepared for development.

 

Use of Surrounding Properties:  Hollymead Town Center Area B, including Target and Harris Teeter, lies adjacent to and north of Area A-1. Holly Memorial Gardens lies across Route 29 to the West. Though undeveloped and currently zoned Rural Areas, Area A-2 of the Town Center lies adjacent to this proposal to the west.

Factors Favorable:

- The plan reflects feedback from the Commission.

- The application plan reflects the intent of PDMC zoning and the Comprehensive Plan amendment Guidelines for the Town Center.

- The applicant is providing a large plaza and gateway that will provide the development with a neighborhood center and open space amenities.

- The applicant is providing dedication of 4.5 acres of greenway and a trailhead at the edge of the development.

- The revised layout provides two areas that illustrate spatial enclosure in keeping with the Neighborhood Model.

- The applicant is proffering to certify that the buildings in the project will be build to LEED Core and Shell standards and will certified by the U.S. Green Building Council.

- The proposal will allow for completion of a site that otherwise would remain in a state of a negative visual impact with negative implications for storm water management.

- The layout including a hierarchy of streets and travel ways with larger areas of parking will facilitate further intensification of development.

 

Factors Unfavorable:

- The plan does not reflect the ability to account for potential future transportation issues (Meeting Street) identified in the Places 29 Master Plan.

- Recommendations from the County Engineer for enhanced erosion and sediment control are not completely adopted in the applicant’s proffers.

- The amount of undeveloped commercial square footage in the area (including Albemarle Place) exceeds 1.5 millions square feet.

 

 

RECOMMENDATION:

Staff recommends approval if the applicant accommodates a widening of Meeting Street south of Town Center Drive and with recommended changes to Proffer 4 and other necessary minor proffer revisions prior to the June 13, 2007 Board of Supervisors public hearing. Staff also recommends that the Commission approve a modification to reduce setbacks along Meeting Street from 30’ to 10’.

 

       

 

STAFF PERSON:                                                                                                      Sean Dougherty

PLANNING COMMISSION:                                                                                      April 3, 2007

BOARD OF SUPERVISORS:                                                                                   June 13, 2007                                                                                                                       

ZMA 2005-00015 Hollymead Area A-1

 

Petition: 

ZMA 2005-00015 Hollymead Town Center Area A-1 (Signs #15, 51, 53, 73): PROPOSAL:  Rezone 31 acres from RA - Rural Areas (agricultural, forestall, and fishery uses; residential density (0.5 unit/acre)) to PDMC - Planned District Mixed Commercial (large-scale commercial uses; and residential by special use permit (15 units/ acre)) to allow for 278,000 square feet of office retail.

PROFFERS:  Yes.

EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Town Center -- Compact, higher density area containing a mixture of businesses, services, public facilities, residential areas and public spaces, attracting activities of all kinds. (6.01-34 dwelling units per acre).

ENTRANCE CORRIDOR: Yes. LOCATION: Tax Map 32, parcels 42A, 42C, a portion of Tax Map 32, parcel 44, a portion of Tax Map 32, parcel 45, and Tax Map 46, parcel 5, located to the south of the southern entrance to the Hollymead Town Center (Town Center Drive) and north of Powell Creek along Route 29 North.

MAGISTERIAL DISTRICT: Rio.

The Comprehensive Plan's Town Center designation is accompanied with the "Conceptual Master Plan & Design Guidelines for the Hollymead Town Center".

 

Character of the Area: 

The subject property lies west of Route 29, south of Area B of the Hollymead Town Center (including Harris Teeter and Chevy Chase Bank) and north and east of Powell Creek which flows from the location of the Deerwood subdivision. The area has been previously cleared, graded, and prepared for development in association with the Area B development.

 

By-right Use of the Property

The property is zoned RA. Other than agricultural uses, it is estimated the land could be developed with six dwelling units by right.

 

Specifics of the Proposal

The proposal is for a shopping area containing a large retail store (88,500 sq. ft. reduced from 97,000 sq. ft. in the last submission) and a variety of relatively smaller retail stores totaling 278,000 square feet (reduced from 296,000 in the last submission). The request is accompanied by a special use permit application for a drive up window for a bank. This request, SP 2005-00027, is covered at the end of the rezoning report.  

 

Generally, the retail buildings line the edges of the regional and Town Center road network in keeping with the Neighborhood Model and Entrance Corridor guidelines. The main entrance to this portion of the Town Center, Conner Drive, is lined with on-street parking and retail buildings on either side of the street, providing a traditional retail typology.  A public space at the northwest corner facilitates pedestrian and visual connectivity with the other areas, particularly the range of uses proposed along Meeting Street in the core of the Town Center. A pocket park at the southwest corner is proposed as a greenway trail head that connects into the Hollymead greenway. The proposal also includes a proffer to fund a connection into the larger County greenway system. A system of landscaped pedestrian paths compliments an orderly system of travel ways that include sidewalks and on-street parking. Finally, the applicant is proffering to build the proposed 278,000 square feet of commercial space to a LEED Core and Shell standard and achieve certification by the U.S. Green Building Council. Attachment A is the Application Plan, Attachment B is a plan of the entire Hollymead Town Center Area, and Attachment C is Proffers. A proffer summary with staff comment is provided later in this report.

 

Applicant’s Justification for the Request:   

The applicant has stated that the development is in keeping with the Comprehensive Plan’s Town Center designation and the specific designation of regional service that the Town Center Guidelines provide for this area.  

 

Planning and Zoning History

In 1980, the parcels under consideration were given an RA (Rural Areas) zoning classification.  In 2001, a Comprehensive Plan Amendment was approved for this area giving it a Town Center designation. Four rezonings for separate sections of the HTC were submitted in 2001 and 2002 and three of the four were approved in 2003. The applicant for the portion not rezoned (Area A) requested indefinite deferral of action on Area A in 2003. Due to the high residential density and mixture of uses directed by the Guidelines, the applicant for Area A requested to break this 78 acre rezoning request into two different proposals: This request, Area A-1 with 31 acres to be rezoned to Planned Development Mixed Commercial (to be developed similarly to Area B along Route 29 as prescribed by the Guidelines) and Area A-2 (47 acres reviewed by the Commission most recently on March 6 in a work session) with 47 Acres to be rezoned to Neighborhood Model District to allow for higher residential density and to better accommodate the form of development envisioned with the Guidelines.

 

Comprehensive Plan:

The Land Use Plan designates this area as Town Center. The Town Center designation at Hollymead is accompanied by “Conceptual Master plan and Design Guidelines for the Hollymead Town Center” (referred to hereafter as “Guidelines”), a guide for the development of the Town Center. The applicant has responded to this designation for this area from the Guidelines by designing areas of the development with plazas and spatial enclosure, working to facilitate pedestrian movement from more residential areas, and by providing a trailhead from this commercial development to the greenway. The Guidelines reflect the principles of the Neighborhood Model because when the Hollymead Comprehensive Plan Amendment was approved in 2001, the Neighborhood Model had not yet been adopted into the Comprehensive Plan. A review of the Neighborhood Model further confirms the applicant’s conformity with the Guidelines and Comprehensive Plan in general.

 

Conformity with the Neighborhood Model:

Pedestrian Orientation

The plan provides pedestrian walkways across the parking area to connect commercial spaces.  At the northwest corner, a plaza facilitates pedestrian connections to other portions of the Town Center. The application plan shows a greenway alignment that connects into the shopping center and other areas.

Neighborhood Friendly Streets and Paths

Conner Drive (the travel way in front of Harris Teeter that crosses over of Town Center Drive inside the entrance from Route 29) includes sidewalks on both sides of the roadway and extends to an area with on-street parking and retail fronting both sides of the street. The applicant has included on-street parking along travel ways where feasible. The use of on-street parking will increase the functionality of sidewalks, slow travel speed, and provide convenient parking, while also providing contrast to the vast areas of surface parking.

Interconnected Streets and Transportation Networks

The proposal illustrates vehicular and pedestrian connectivity. The applicant is proffering to complete the roads envisioned with the traffic study performed during the initial Comprehensive Plan amendment that allowed the Town Center with one exception: a crossing of Powell Creek, south of the Town Center, is proffered with the Area A-2 rezoning (reviewed twice by the Commission in December and March work sessions). A 5,000 sq. ft. plaza at the northwest corner will serve as a “transitional zone” providing a pedestrian connection with the dense residential uses proposed in Area A-2. The applicant is proposing a trailhead to the greenway along Powell Creek that borders the southern and western edges of the Town Center.

Parks and Open Space

The 5,000 sq. ft. public plaza serving as a gateway to the other blocks proposes a condition that will allow for an active space and a transition from Area A-1 to Area A-2. The plan includes several formal pedestrian connections across the site, including a large biofilter that is integrated into the site. The applicant is proffering to dedicate 4.5 acres of land to the County for the extension of the Town Center greenway. At the Southeast corner of Area A, a naturalized pocket park contains a trailhead that provides direct access to the commercial center from the greenway. The applicant is proffering $50,000 toward the connection of the Town Center greenway with the Forest Lakes and Still Meadow portions of the County greenway. 

Neighborhood Centers

The 5,000 sq. ft. plaza at the northwest corner of Area A-1 will serve as a neighborhood center. The applicant is proffering that the final design of this plaza shall be subject to review to the satisfaction of the Director or Planning. The application plan shows that this area will contain a water feature and stairs that will help to mitigate the grade difference between Area A-2 to Area A-1 at the plaza location. As a gateway, this area establishes a more unique condition which will support outdoor seating and other activities while accommodating foot traffic between the Area A-1 and other portions of the Town Center.

Building and Spaces of Human Scale

At a large scale, the dispersed nature of the proposal does not lend well to a human scale. During the October 5, 2005 work session, the Commission indicated that this condition is not problematic from their perspective, given the nature of the Regional Service designation. The applicant has worked to balance the parking standard required by the Zoning Ordinance with the designation for this area from the Guidelines. The pedestrian connections across the central parking area work to break up the vast parking areas. The application plan indicates that one building adjacent to the public space in this area will be two stories. All other buildings are one-story.

Relegated Parking

Relegated parking is that which is located behind and to the side of buildings. With that definition, the plan relegates parking with regard to the site’s exterior (Route 29, Town Center Drive, and Meeting Street). The plan also provides on-street parking spaces along travel ways to break up the larger, more systematically designed parking areas.

Mixture of Uses

 

The plan proposes 278,000 square feet of retail/office. There is no residential use proposed with this section of the Town Center, however approximately 1,200 units are proposed within 500 feet of the center of Area A-1.

Site Planning that Respects Terrain

The site has been mass graded to accommodate development. While not representative of the original natural terrain, the resulting finished grade has created building pads ideal for the development form proposed. 

 

Staff Comment:

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

PD-MC zoning was established to permit development of large-scale commercial areas with a broad range of commercial uses under a unified planned approach. It is intended that PD-MC districts be established on major highways in the urban area and communities in the Comprehensive Plan.

 

The plan provides large scale commercial uses, which is an appropriate use for PDMC zoning. The application also contains a commitment to dedicate 4.5 of acres to the County as open space.  The Comprehensive Plan recommends that PD-MC proposals provide at least 10% of the area as Open Space. Though some of the 4.5 acres is too steep to be considered the acreage represents 14% of the total acreage. This is in addition to the public plaza proposed at the northwest corner of the proposal.

Anticipated impact on public facilities and services

Roads

Improvements to Route 29 that were concluded prior to the opening of Area B of the Town Center were identified in the initial traffic study as needed to address the Town Center’s impacts to Route 29. These improvements, along with the internal roads and roads proffered to be built with this portion of Area A of the Town Center work to mitigate the impacts of this rezoning.

 

The initial traffic study completed with the Comprehensive Plan Amendment established a number of road facilities required to support the maximum uses allowed by the Comprehensive Plan Amendment. The Places 29 Master plan has been providing traffic modeling for this area based on those maximum uses. Staff feels information regarding impacts to roads is current and sufficient.

 

The initial traffic study indicated that a traffic signal maybe needed at the intersection of Town Center Drive and Conner Drive (the travel way in front of Harris Teeter). To determine whether a signal is warranted at the intersection of Conner Drive, the applicant has proffered to conduct an analysis and provide the signal when warranted by VDOT.

 

One major recommendation that has arisen from the Places 29 work to date regarding this area is for a Lockwood Connector to route projected traffic volumes around the core of the Town Center in the future. At the Area A-2 work session on March 6, 2007, the Commission indicated that the applicant need not accommodate this Places 29 recommendation. Therefore, the only alternative that exists to accommodate potential future traffic needs is for Meeting Street to ultimately be four lanes instead of two south of Town Center Drive to Powell Creek at the edge of the area proposed for rezoning. The need for four lanes is not generated until certain recommended improvements occur. The most significant improvement would be the construction of a bridge over the Rivanna River and the extension of Berkmar Drive from its current terminus north to the Town Center. To adequately accommodate this future improvement, staff believes Meeting Street south of Town Center Drive should be built identically to Meeting Street north of Town Center Drive. This includes a travel lane, bike lane, and on-street parking that can be converted to an additional travel lane in each direction permanently or during rush hours to facilitate vehicular movement.

 

The applicant has indicated he could accommodate this change and staff believes it provides reasonable solution to account for future needs that would result from the Places 29 recommendations to date. However, the application plan as submitted shows a travel way and bike lane in each direction (no on-street parking for future conversion to travel lane if necessary). Given that the applicant is not scheduled for a public hearing with the Board until June 13, 2007, should the Commission feel the applicant should accommodate the wider Meeting Street, the applicant will have sufficient time to make that change based on Commission direction on this matter.

 

 

Modification Request

To make the widening of Meeting Street possible without significant portions of land being devoted to setbacks, staff recommends that the Commission approve a modification of the PDMC setback requirements for Meeting Street be reduced from 30’ to 10’ (measured from beyond the edge of the right of way which will include the sidewalk, planting strip, bike and travel lanes). This will allow the applicant to widen Meeting Street without significant impacts to the established layout and for buildings in Area A-1 to relate better to Meeting Street.

 

VDOT

 

VDOT’s previous comments have been incorporated by the applicant. For the last round of revisions, VDOT commented that they had no comment on the proposal. For reference, staff has including (in Attachment D) the most recent set of comments provided for the adjacent Area A-2 (reviewed by the Commission in December and March in a work session).

 

Water and Sewer

 

Water and sewer service is adequate to serve the development. Attachment E is the Service Authority memo regarding the area. A request to confirm the validity of the memo was not received by the Service Authority by the time this report was finalized. Staff will bring an update to the Commission at the public hearing. The Service Authority is in the process of confirming that adequate service exists for the development proposed in Area A-2 (the western side of the Town Center proposed for a rezoning to Neighborhood Model District and 1,228 dwelling units) by reviewing the wastewater flow by connection point in that proposal.  

Storm Water Management

The application plan contains a conceptual plan for storm water management, including three biofiolters, that is acceptable to the County Engineer. Further, the applicant is proffering to perform erosion and sediment control in excess of state and local requirements.

 

Anticipated impact on natural, cultural, and historic resources

The applicant’s proposal works to mitigate impact on natural resources through enhanced erosion and sediment control. Because the area has been mass graded, natural resources on the site have been eliminated. The application plan illustrates a 100’-buffer on Powell Creek and 50’ buffer on its intermittent tributaries. No cultural or historic resources exist on the site.

 

Anticipated impact on nearby and surrounding properties

The developed adjacent properties include the Town Center and the Forest Springs Mobile Home Park. Holly Memorial Gardens lies across Route 29. Impacts, other than light and sounds associated with delivery trucks and shopping center traffic, are not anticipated.

 

Public need and justification for the change

Given the amount of undeveloped commercial square footage already approved in this area of the County by prior rezoning, (over 1.5 million sq. ft in Albemarle Place, Hollymead Town Center (Areas B and C) and North Pointe), staff does not readily identify a public need or justification for the additional commercial square footage this rezoning proposes. However, this needs to be balanced with the existing graded conditions of this site that anticipated additional commercial development and has a negative visual appearance. Further, efforts on behalf of the developer and County to reseed this area has been limited in success due to the quality of the soil on the surface. The lack of vegetation and decent soil on the parcel works to compromise storm water management.

 

 

 

Proffers

The proffers are in final form and work to mitigate a variety of impacts from this development. Minor revisions to form will be required before acceptance by the Board of Supervisors. In substance, staff believes the proffers are acceptable.

 

Proffer 1 commits to providing the roads expected for this portion of the Town Center. The applicant has made changes recommended by the County Engineer. The applicant is proffering to submit road plans for the remaining road improvements for Area A-1 with the first site plan and to have these roads constructed and accepted by VDOT within two years of the approval of the first site plan.

 

Proffer 2 contributes $59,000 toward the Places 29 Master planning Study. Each applicant at the Town Center has contributed toward the master plan in an amount relative to the land area proposed for development.

 

Proffer 3 commits to building a public transportation stop in Area A-1 that shall be no less than 200 sq. ft and include two benches.

 

Proffer 4 commits to funding public transportation (once introduced to the area by Charlottesville Transit Service) at a rate of $50,000 per year for ten years. This is complimented by a similar proffer ($25,000 per year for ten years) from the North Pointe rezoning which will provide significant resources needed to expand transit service to the area.

 

Proffer 5 commits to funding an analysis of the Conner Drive (main entrance to Area A-1) and Town Center Drive intersection to determine if the applicant’s development will generate a need for a traffic signal. Should the signal be needed, the applicant is proffering to install the signal when VDOT determines it is warranted.

 

Proffer 6 commits to participation in a Community Development Authority (CDA) and is recommended to remain until a CDA or similar entity is established. Other rezonings in the Town Center included the same proffer. It is recommended that this proffer remain until a CDA or similar entity is established.

 

Proffer 7 commits to exceed state and local minimum storm water management standards. The applicant’s proffer commits to soil stabilization through a number of measures and recommendations provided by the County Engineer. However, one recommendation not included by the applicant is a limit of disturbance. This has been left as an issue to discuss at the public hearing. The County Engineer recommended that the applicant disturb - or perform work in – no more than 15 acres at a time. The applicant is unsure of the implications of this commitment and is uncertain he can commit to the recommendation.

 

Proffer 8 proposes to dedicate 4.5 acres of greenway area (to connect into additional greenway acreage in Area A-2) and construct a 10-wide paved path through the area. The Guidelines call for the greenway and Parks and Recreation staff supports the dedication.

 

Proffer 9 commits to contributing 50,000 toward the construction of a greenway connection between the Hollymead and Forest Lakes greenways.

 

Proffer 10 commits to attain LEED Core and Shell (23 credits) under the U.S. Green Building Rating System. The applicant is proffering to post a $50,000 a performance bond until third party certification has concluded that the applicant has met the LEED Core and Shell standards. The proffer further states that if the owner fails to achieve the minimum standard, the bond shall be released to the County. Staff believes this proffer is significant, particularly as it contains a commitment to achieve certification.  

 

Proffer 11 commits to building a public gathering area in the form of a plaza at the northwest corner of Area A-1. The application plan indicates the area will contain a water feature and the proffer clarifies that this area will be no less than 5,000 square feet and that the final design of this area shall be subject to the satisfaction of the Director of Planning, which will allow some oversight and flexibility for the exact program and design for the public space at the site plan stage.

 

Architectural Review Board

The Architectural Review Board provided preliminary approval to the applicant’s proposal during a hearing in November of 2005. Since that time, the ARB has been given an update regarding a change in the alignment to a storm water easement along Route 29. This was a change made by the developer in the field and will impact the ability of Area A to mimic the landscape treatment along Route 29 in front of Area B (Target and Harris Teeter) as initially accepted by the ARB. The ARB has indicated that if the storm water easement creates conflicts with the planting plan accepted for Route 29, the applicant will have to move the buildings back away from the Entrance Corridor to accommodate the plantings.

 

Given the applicant’s June 13 Board Date, time will permit a review of this aspect by the ARB should the Commission recommend the project move forward. Staff anticipates review of the landscaping and storm water easement conflict will occur during the month of April.

 

SUMMARY

The applicant proposes a plan that is significantly improved since the plan reviewed at the initial October 2005 work session. The application plan incorporates all major recommendations from the previously adopted Comprehensive Plan Amendment and Guidelines. The proposal contains a hierarchy of streets and travel ways with large areas of parking that could support an intensification of development in the future. The application incorporates a plaza and greenway trailhead that will both serve as open space and connections to other areas. The proffer committing to LEED construction and certification will create an energy efficient shopping center with sustainability concepts built in. Other proffers and commitments to build roads, fund transit, among others, work to address this development’s impact. The plan contains the detail required for the Commission to take action

 

Factors Favorable to this request

 

Factors Unfavorable to this request

 

  

RECOMMENDATION:

 

Staff recommends approval if the applicant accommodates a widening of Meeting Street south of Town Center Drive and with recommended changes to Proffer 4 and other necessary minor proffer revisions prior to the June 13, 2007 Board of Supervisors public hearing. Staff also recommends that the Commission approve a modification to reduce setbacks along Meeting Street from 30’ to 10’. Should the Commission feel comfortable with this project proposal, staff asks that the Commission affirm staff’s recommendation that the applicant provide for a widening of Meeting Street south of Town Center Drive and amend proffer language related to a maximum area to be disturbed at any time as part of Proffer 4: erosion and sediment control. Staff also asks that the Commission affirms staff’s recommendation that the setback for this proposal along Meeting Street be reduced from 30 feet to 10 feet.

 

 

sp 2005-27 FINANCIAL INSTITUTION Drive-THROUGH

 

The proposal is for a 2,800 square foot bank with walk-in and drive-in facilities to be located in Area A-1, adjacent to Town Center Drive. The bank will include the three drive-in teller windows. The bank will be served by internal travel ways leading from Conner Drive off of Town Center Drive. Secondary access to the bank is provided by the extension of Abington Place at Meeting Street. The application plan illustrates the required stacking spaces and the applicant has moved the location of the drive up facility (since the initial submission) to address staff’s concerns between the bank’s drive-up stacking area and pedestrian access from the rest of Area A-1. Finally, the bank is served by ample pedestrian facilities that tie into the developments larger pedestrian network.

 

Petition: 

SP 2005-00027, Hollymead Town Center Area A - Drive up Window for Bank (Signs #15, 51, 53, 73): PROPOSED: Drive-up banking facility with three lanes.

ZONING CATEGORY/GENERAL USAGE: A rezoning application has been submitted to rezone these parcels from RA - Rural Areas - agricultural, forestall, and fishery uses; residential density (0.5 unit/acre) to PD-MC Planned Development Mixed Commercial (large-scale commercial uses; and residential by special use permit 15 units/ acre).

SECTION: Section 25A.2.2 of the Zoning Ordinance which allows for drive-in windows serving or associated with permitted uses within PDMC.

COMPREHENSIVE PLAN LAND USE/DENSITY:  Town Center -- Compact, higher density area containing a mixture of businesses, services, public facilities, residential areas and public spaces, attracting activities of all kinds. (6.01-34 dwelling units per acre).

ENTRANCE CORRIDOR: Yes.

LOCATION: Inside the Hollymead Town Center, along Town Center Drive (Southern entrance to Hollymead Town Center) approximately 300 feet from Route 29 North.

TAX MAP/PARCEL: A portion of Tax Map 32, Parcel 42A (exact location on file in the Department of Community Development) and a portion of Tax Map 32, Parcel 42C (exact location on file in the Department of Community Development) equaling .5 acres. MAGISTERIAL DISTRICT: Rio

 

STAFF COMMENT

 

Staff will address each provision of Section 31.2.4.1 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,

Uses that implement drive-through windows are often characterized by the high volumes of customers that are served during the peak hours of operation. Because the access to the bank is provided by roads designed to serve town center uses and the drive-through lanes are placed away from the Entrance Corridor in an area adjacent to PDMC zoning, planning staff does not believe that the proposed drive-through window would impose any detriment upon adjacent properties.

 

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

Banks, financial institutions, and restaurants are allowed as by-right uses in the PD-MC zoning districts and Section 22.2.2(10) of the Zoning Ordinance allows for drive-in windows serving or associated with the by-right uses allowed in the district. The proposed district is PDMC which anticipates a mixture of uses. The applicant has located he drive up facility on the opposite side of the bank from the Entrance Corridor, in response to ARB Guidelines. The application plan respects a 15- foot wide landscape easement and 30-foot building setback associated with Town Center Drive. Because the drive-up window would support a by right use, it is staff’s opinion that approval of this proposal would not result in changing the character of the district.

 

 

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 25A of the Zoning Ordinance, entitled Planned Development – Mixed Commercial, allows the same by-right uses as well as those that are permitted by special use permits in the C-1 (Commercial), CO (Commercial Office), and HC (Highway Commercial) zoning districts to also be established in the PD-MC district.

 

This request to allow a drive-through window is consistent with most of the banks that have been established as a stand-alone use within their own structures in similarly zoned districts throughout the County.  Therefore, it is staff’s opinion that the drive up windows are in harmony with the by-right uses located within this PD-MC district.

 

with additional regulations provided in Section 5.0 of this ordinance,

There are no additional regulations in Section 5.0 that specifically address drive-in windows.

 

and with the public health, safety and general welfare.  

Staff believes the proposal for the drive up window for the bank will not pose a detriment to public health, safety, and general welfare.

 

sp 2005-27 BANK DRIVE IN WINDOW SUMMARY:

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

 

1.      The drive up facility is located away from the Entrance Corridor

2.      The request is in keeping with the intent of PD-MC zoning

 

Staff has identified the following factors which are not favorable to the request:

 

1.      Drive-up windows, in general, do not promote pedestrian activity.

 

Recommendation:

Staff finds that this request generally complies with the provisions of the Zoning Ordinance. 

 

Staff recommends approval of SP 04-38 with the following conditions:

 

1.      Drive-through windows will be limited to three (3); including any 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 application plan.

 

ATTACHMENTS

 

A.      Application Plan

B.     Key Plan (Entire Town Center)

C.     Proffers

D.     VDOT Comments

E.     Service Authority Memo

 

 

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