COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY
 

 

AGENDA TITLE:

ZMA 07-0001 Hollymead Town Center Area A-2 with waiver requests

 

SUBJECT/PROPOSAL/REQUEST:

Rezone 47 acres from RA to NMD to construct 1,222 dwelling units, 104,000 sq. ft of retail, 179,000 sq. ft. of office, and an 80,000. ft. hotel (363,700 sq. ft of non-residential total).

 

STAFF CONTACT(S):

Cilimberg, Echols

 

LEGAL REVIEW:   NO

 

 

AGENDA DATE:

September 12, 2007

 

ACTION:     X          INFORMATION: 

 

CONSENT AGENDA:

  ACTION:             INFORMATION: 

 

 

ATTACHMENTS:   YES

 

BACKGROUND: 

On August 8, 2007, the Board of Supervisors held a worksession to discuss possible phasing of Hollymead Town Center Area A-1 with Hollymead Town Center A-2 and proffers.  At the meeting, the majority of the Board of Supervisors concluded that it was not necessary for A-1 and A-2 to be phased together and that the proposed phasing of A-2 was acceptable.  The Board also concluded that the value of improvements resulting from proffers for Hollymead Town Center Area B and sewer extensions made in the 1990’s could not be credited to create an offset for cash proffers for the impacts of the 1222 residential units.  The Board suggested that some credit might be appropriate for the commitment for LEED core and shell for all buildings.

 

DISCUSSION:

Since the Board met, the applicant has worked to resolve all outstanding issues identified at the Planning Commission meeting and at the Board worksession. The General Development Plan is provided as Exhibit 1, the Code of Development is Exhibit 2, the proffers are Exhibit 3, and the Waiver requests are Exhibit 4.  Resolution has been achieved on modifications to the General Development Plan, the Code of Development, and the waiver requests.  A list of changes that were requested by the Planning Commission that have either been made or have been deemed not applicable as a result of Board of Supervisors’ input is contained in Exhibit 5.

 

The applicant has proposed to address impacts of the residential units by providing $11,900 for each townhouse or condo unit and $12,400 for each apartment unit at time of building permit starting with the 151st dwelling unit permit request.  Their approach is to pay the full per unit proffer amount by taking an offset of $1.8 million as an upfront credit against per unit cash proffers until the entire offset credit is expended.  The applicant has calculated the $1.8 million will have been spent by the 150th unit.  They have used a blended $12,000 per unit amount because they don’t know what the actual combination of unit types will be and they could be mostly apartments.

 

Below is the breakdown of expected expenditures for the $1.8 million.  The street construction will take place within the first year after approval of the rezoning.  The Greenway dedication is proffered at the time of approval of the first site plan. The recycling center or other community facility is proffered to take place on the request of the County.  Because of the proffered timing of this land, both dedications could take place up-front, as well.

 

Greenway dedication

7.6 acres

 $     875,000

Meeting St. - 4-lane design ROW

2 acres

 $     250,000

Meeting St. - 4-lane construction cost

 

 $     210,000

Town Center Dr. - "overbuild" ROW

1 acre

 $     125,000

Town Center Dr. - "overbuild" construction

.7 acres

 $       90,000

Recycling Ctr. (or other civic use)

2 acres

 $     250,000

 

 

 $   1,800,000

 

Between the last time the Board saw the proffers and this time, two changes have taken place.  First, the applicant has reduced the area for dedication for a recycling center or other civic use.  Originally, the applicant proffered “sufficient area” for a 35,000 square foot facility.  (The recycling center near the McIntire Street County Office Building is about this size.)  Then he estimated that 3 acres would be necessary for that facility and asked for “credit” for the value of 3 acres. 

 

In this final version of the proffers, the applicant has settled on 2 acres, which staff believes is acceptable for the following reasons. To begin with, the Community Facilities Plan indicates that a recycling center is needed in all of the Development Areas.  However, the trends in recycling have changed such that a recycling center may not be needed in this Development Area.  The words, “or other community facility” in the proffers allows the County to use the land for any other need identified in the CIP, should the County not need the recycling center.  Staff also believes that two acres should be sufficient area for a recycling facility and would also be sufficient area for other types of facilities the County may need in the future in an “urban” setting such as a county satellite office or urban recreational facility.

 

The second change to the proffers since the Board last saw them relates to erosion and sediment control standards. Hollymead Town Center Area A-1 proffers contained a higher level of control than the state requires because of the amount of disturbance that already exists at the site.  The Planning Commission asked that the language from the Area-1 proffers be incorporated into Area A-2 proffers.   The applicant provided this language with the proffers that were advertised for the September 12 meeting.

 

In the final review of the proffers, several staff members noted the difference in standards being proffered for Hollymead Town Center and for Biscuit Run.  Staff believes that the Biscuit Run proffers provide the higher level of erosion and sediment control and have asked the applicant to provide language similar to Biscuit Run in their signed proffers.  The proffers included in Exhibit C contain this language.

 

One issue that has arisen in the completion of this Executive Summary is coordination of the wording between proffers for HTC A-1 and HTC A-2 relating to the completion of Town Center Drive to Dickerson Road and the Willow Glen connection.  Changes to the Willow Glen proffer on the final signed proffers for HTC A-2 received on Sept. 5 have not yet been approved by the County Attorney’s office.  If the County Attorney says that changes to the wording for HTC A-2 are needed, it may affect wording on the HTC A-1 proffers.  The proffers on these two rezonings must be coordinated.  Staff will report on this issue at the Board Meeting. 

 

Waivers – Waiver requests in conjunction with this Neighborhood Model District are Exhibit 4.  These waivers were recommended for approval by the Planning Commission with two exceptions.  After the Planning Commission meeting, staff noticed two potential problem areas that they had not seen before the Planning Commission meeting.  One of the areas had to do with waivers of screening requirements and the other had to do with the size of off-site signs within the development. 

 

For the screening requirements, the applicant asked that screening of objectionable features only be required between Hollymead Town Center and adjacent residential districts.  Since there are residential uses within Hollymead Town Center Area A-2, staff believes that screening should be required between objectionable features and residential uses, not districts.  The applicant concurs and has changed his proffer request. 

 

For off-site signs, staff noticed an inconsistency between the Code of Development and the waivers.  In the waiver request, the applicant noted a maximum area of signage to be 24 square feet; however, in the Code of Development, it shows a maximum of 30 square feet for off-site signs.  Staff believes that signs of less than 24 square feet be allowed within the development without a special use permit, since 24 square feet is the maximum area allowed in the ordinance.  The applicant concurs and has changed the Code of Development.

 

RECOMMENDATIONS: 

If the County Attorney’s office approves HTC A-1 and HTC A-2 proffer wording for the Town Center Drive to Dickerson Road, staff recommends approval of the rezoning with the General Development Plan, Code of Development, proffers and waivers all of which are attached to this Executive Summary.

 

EXHIBIT 1-- General Development Plan dated August 31, 2007

EXHIBIT 2 -- Hollymead Town Center Area A-2 Code of Development dated September 12, 2007 (on file)

EXHIBIT 3-- Proffers for Hollymead Town Center Area A-2 dated September 4, 2007, signed September 5, 2007

EXHIBIT 4-- Waiver requests

EXHIBIT 5-- Changes requested by the Planning Commission at their July 24, 2007 meeting

View PC minutes:  July 24, 2007; May 22, 2007; March 6, 2007

Return to regular agenda