PRIVATE  COUNTY OF ALBEMARLE

PLANNING STAFF REPORT SUMMARY

 

 

Project Name:  ZMA 07-02 Timberwood Commons Phase III (also known as Hollymead Town Center TIKI)

Staff:  Claudette Grant

Planning Commission Public Hearing: November 17, 2009

Board of Supervisors Public Hearing: December 9, 2009

Owners:  Tiki, LLC (32-41D1) and Post Office Land Trust (32-41R portion) 

Applicant: Tiki, LLC (Mr. & Mrs. Valente) (32-41D1) and Post Office Land Trust (Dr. Hurt and Shirley Fisher) (32-41R portion) with Jo Higgins as the contact.

Acreage: 1.021 acres

Rezone from: (0.711 acres) PDMC, Planned Development – Mixed Commercial (Hollymead Town Center) and (0.310 acres) HC, Highway Commercial to PDSC, Planned Development Shopping Center  

TMP: Tax Map 32, Parcel 41D1 and Tax Map 32, Parcel 41R portion (See Attachments A and B)

By-right use: PDMC allows uses in the C-1, CO and HC districts.

Magisterial District: Rio

Proffers:  Yes

Proposal: Create homogenous zoning on a parcel for commercial development.

Requested # of Dwelling Units: 0

DA (Development Area): Community of Hollymead

Comp. Plan Designation:  Town Center

Character of Property: Undeveloped and under construction, the property is located 450 feet West of the intersection of U.S. Route 29 and Timberwood Boulevard within the Hollymead Town Center, and directly behind the existing CVS Pharmacy. Construction had begun on the site and has since stopped with the pending rezoning request.  

Use of Surrounding Properties: The CVS pharmacy is located to the east of this property. A self storage facility is located adjacent and to the north of the site. A vacant parcel is located to the west and south of this property. There are also several shopping centers and residential developments located in the general vicinity of this property.  

Factors Favorable:

1.            The proposal eliminates split zoning on the site.

2.            The proposal makes administration of regulations, such as uses and parking on the site, easier to follow.

 

Factors Unfavorable:

None

 

RECOMMENDATION: Staff recommends approval of ZMA 2007-002, Timberwood Commons, Phase III (also known as) Hollymead Town Center TIKI inclusive of proffers. Staff also recommends approval of the waiver request to reduce the setback requirement.

 

 

STAFF PERSON:                                                                 Claudette Grant

PLANNING COMMISSION:                                                 November 17, 2009

BOARD OF SUPERVISORS:                                              December   9, 2009

 

ZMA 2007- 002 Timberwood Commons Phase III

 

PETITION

PROJECT: Timberwood Commons Phase III (also known as) Hollymead Town Center TIKI

PROPOSAL:  Rezone 1.021 acres from PD-MC Planned Development Mixed Commercial - large-scale commercial uses; and residential by special use permit (15 units/ acre) and HC Highway Commercial - commercial and service uses; and residential use by special use permit (15 units/acre) to PD-SC Planned Development Shopping Center - shopping centers, retail sales and service  uses.

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) and Neighborhood Density Residential - residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non-residential uses.

ENTRANCE CORRIDOR: Yes

LOCATION: 450 feet  West of the intersection of U.S. Route 29 and Timberwood Boulevard within the Hollymead Town Center, directly behind the existing CVS Pharmacy in the Community of Hollymead.

TAX MAP/PARCEL: Tax Map 32, Parcel 41 R (portion) and Tax Map 32, Parcel 41D1

MAGISTERIAL DISTRICT: Rio

 

CHARACTER OF THE AREA

A portion of the site is located in the Hollymead Town Center area and is primarily undeveloped. Construction had begun on the site and stopped when the applicant decided to request a rezoning. While portions of the Hollymead Town Center have been developed, with the exception of the CVS Pharmacy and a self storage facility, most of the area adjacent to the subject site is currently undeveloped. The site is made up of gently sloping hills and fronts on Timberwood Boulevard. In addition to Hollymead Town Center, there are a variety of retail centers, residential developments and the Charlottesville Albemarle Airport located in this portion of the Route 29 North corridor.

 

SPECIFICS OF THE PROPOSAL

The proposal to rezone for commercial use is made to combine two different commercial zones on the property into a single zone. This site is located 450 feet west of the intersection of U.S. Route 29 and Timberwood Boulevard directly behind the existing CVS Pharmacy. (See Attachments A & B) This parcel is created from the residue of the CVS pharmacy parcel, which is zoned HC, Highway Commercial and a small portion of the Hollymead Town Center, which is zoned PDMC, Planned Development – Mixed Commercial. The application plan for the rezoning is Attachment C.

 

APPLICANT’S JUSTIFICATION FOR THE REQUEST

This parcel will be developed with a mixture of commercial and office uses. The applicant is primarily seeking one homogeneous zoning district which will make administration of requirements, regulations, and uses in the buildings and on the site easier to facilitate. The applicant’s intent is to provide a development that has a broad range of commercial and service facilities, which is also the intent of the PDSC district. In particular, the HC district has the potential of providing a higher intensity of uses, which the applicant does not intend for this particular site, and the PDMC district is intended for sites that are larger than 3 acres. This site is slightly over one acre in size.

 

PLANNING AND ZONING HISTORY

Tax Map and Parcel 03200-00-00-041D1:

1.       SP2002063 CVS Pharmacy, Store Drive–in Window – Approved with conditions on May 14, 2003.

 

2.       SUB2003-176 CVS Store – Final Plat approved on September 16, 2003.

 

Tax Map and Parcel 03200-00-00-041D0 (See Attachment D):

1. SDP 2002-114 CVS Pharmacy, Store – Preliminary site plan approved with conditions on June 4, 2003.   

 

2. SDP 2003-050 CVS Pharmacy – Final site plan approved on September 18, 2003.   

 

There is no specific history for tax map and parcel 03200-00-00-041R0. This parcel is a portion of the Hollymead Town Center Area C Block 9 development, which has had numerous site plans associated with it.

 

COMPREHENSIVE PLAN

The Land Use Plan shows this area as Town Center. The Town Center designation at Hollymead is accompanied in the Land Use Plan with the “Conceptual Master Plan and Design Guidelines for the Hollymead Town Center”. The purpose/intent of the Town Center designation is to provide a compact, higher density area containing a mixture of businesses, services, public facilities, residential areas and public spaces, attracting activities of all kinds for a gross residential density of 6.01-34 dwelling units per acre.

 

The proposed Places 29 Master Plan designates this area as Neighborhood Service Center and further describes this area as commercial mixed use and urban mixed use. These designations allow a range of retail, housing, commercial, employment, and office uses that are located along major roadways that provide pedestrian and bicycle access. The request is in accord with both the existing and proposed comprehensive plan designations.  

 

The following Neighborhood Model principles are relevant to this request:

Relegated Parking – Majority of the buildings front on Timberwood Boulevard and parking areas are located behind the buildings.

 

Mixture of Uses – This parcel will provide a mixture of commercial and office uses in this part of the County. There are also several retail, commercial, and residential uses located in the surrounding area.

 

Pedestrian Orientation – The buildings located on Timberwood Boulevard and their entrances are close to sidewalks, encouraging pedestrian activity.

 

Buildings and Spaces of Human Scale – The maximum building height in this development is 65 feet. Scale of buildings and their proximity to the road compared with the design of other buildings in adjacent developments were reviewed by the Architectural Review Board (ARB).       

 

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

PDMC districts allow for the development of large-scale commercial areas with a broad range of commercial uses under a unified planned approach. The PDMC district is intended to be established on major highways in the urban area and communities in the Comprehensive Plan. HC districts allow for the development of commercial establishments, other than shopping centers, primarily oriented to highway locations rather than to central business concentrations. The HC district is also intended to be established on major highways in the urban area and communities in the Comprehensive Plan. The PDSC districts are intended to permit the development of neighborhood, community and regional shopping centers in accordance with standards set forth in the comprehensive plan. It is intended that PDSC districts serve areas not conveniently and adequately provided with a broad range of commercial and service facilities. The PDSC district allows for a mixture of commercial and office uses in a planned commercial center. The PDSC district allows for small sized developments, whereas the PDMC district intends for areas larger in acreage to develop.

 

Staff believes the proposal is consistent with the intent of the PDSC district as the commercial and office uses will provide appropriate services on a neighborhood, community and regional scale for public use within the Hollymead Community. The proffered limitations provided by the applicant lessen the intensity of possible uses on this site.

 

Anticipated impact on public facilities and services

Staff does not expect this proposal to add additional new impacts to streets, schools, fire, rescue, and police as the development that would take place under the proposed zoning will be no more intensive than that which could take place with existing zoning.  

 

Utilities – There are no concerns relating to utilities for this proposal. (See Attachment E)

Stormwater Management – There are no stormwater management concerns relating to this project.

Transportation While VDOT has not expressed concern relating to this project, staff has identified the following concern that should resolve itself once future areas within the Hollymead Town Center are completely developed: Some vehicles traveling east on Timberwood Boulevard are using the median opening on Timberwood Boulevard between Route 29 and the roundabout, which serves the entrance to the south side of Timberwood Boulevard/Hollymead Town Center, to make a left turn to go to CVS. This movement results in vehicles going the wrong way in the west bound lane of Timberwood Boulevard for a short distance in order to access the CVS entrance. This is an illegal turning movement that is dangerous. The applicant proposes that once Block 9 of the Hollymead Town Center is developed, an internal connection will be completed within Timberwood Commons that will enable eastbound vehicles on Timberwood Boulevard to use the roundabout to enter Block 9 and go through Timberwood Commons to enter the CVS site. Timberwood Boulevard has not been dedicated to VDOT yet, making police enforcement difficult on this road. While staff does not see this issue in the short term as an ideal situation, in the long term staff sees an acceptable solution to the problem, although the need for signage describing this traffic pattern will be important. (See Attachment F)

 

Anticipated impact on cultural and historic resources

Staff is not aware of any changes to the cultural and historic resources of the area or County.

 

Anticipated impact on nearby and surrounding properties

Staff does not anticipate any significant impacts on nearby and surrounding properties.

 

Public need and justification for the change

This rezoning request lowers the intensity of possible uses allowed on this site, while still providing a mixture of commercial and office uses in this part of the County. Office and commercial uses will not only provide services, but also employment opportunities for residents.

 

ARCHITECTURAL REVIEW BOARD COMMENT

This project was reviewed by the ARB staff. In summary, the applicant addressed all outstanding conditions of ARB approval. A Certificate of Appropriateness was issued to the applicant. (See Attachment G)  

 

PROFFERS

The application plan is entitled “Application Plan for Timberwood Commons”, dated June 5, 2009. Through proffers, the applicant has also eliminated some allowed by-right uses under Section 25.2.1 of the Albemarle County Zoning Ordinance such as cemeteries, hotels, motels and inns and wholesale distribution because they are not appropriate uses for this particular location. Uses permitted by special use permit under Section 25.2.2 of the Albemarle County Zoning Ordinance which are subject to separate legislative action, have not been removed and will be allowed. (See Attachment H)

 

Waivers

The applicant is requesting a waiver of Chapter 18, Section 21.7 (a) of the Zoning Ordinance, which requires that no portion of any structure located in a commercial district shall be erected closer than thirty (30) feet to any public street right of way.

 

The applicant is requesting a front set back of 5 ft. for the buildings fronting on Timberwood Boulevard so that the new buildings on Timberwood Boulevard are consistent with the proposed buildings located to the west in Block 9 of the Hollymead Town Center. During the ARB process, elements such as scale, relationships with adjacent buildings and proximity to the road were reviewed and compared with the buildings located in Block 9 of the Hollymead Town Center. As previously mentioned, this was approved by the ARB.

 

Staff recommends approval of this waiver because the building will be located closer to the sidewalk, encouraging pedestrian activity and interaction with the various uses located in and around this site. This will also allow consistent and continuous design element that will be consistent with the Hollymead Town Center development.

 

SUMMARY

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

1.            The proposal eliminates split zoning on the site.

2.            The proposal makes administration of regulations, such as uses and parking on the site easier to follow.

 

Staff has identified no factors which are unfavorable to this rezoning request:

 

RECOMMENDATION
Staff recommends approval of ZMA 2007-002, Timberwood Commons, Phase III (also known as) Hollymead Town Center TIKI inclusive of proffers. Staff also recommends approval of the waiver request to Chapter 18, Section 2.7 (a) to allow the front setback of 5 feet for the building fronting on Timberwood Boulevard.

ATTACHMENTS
ATTACHMENT A – Tax Map
ATTACHMENT B – Location Map
ATTACHMENT C – Application Plan, dated June 5, 2009, revised September 23, 2009
ATTACHMENT D – Tax Map for TMP:03200-00-00-041D0

ATTACHMENT E – Memo from Gary Whelan, Albemarle County Service Authority, dated March 29, 2007      

ATTACHMENT F – Letter from Joel DeNunzio, dated April 3, 2007
ATTACHMENT G – Letter from Brent Nelson, dated September 23, 2008

ATTACHMENT H – Proffers, dated November 2, 2009

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