AGENDA TITLE:  ZMA 2003-008 Woodbrook Station


SUBJECT/PROPOSAL/REQUEST:  Parkside I LLC has requested a rezoning for approximately 1.21 acres from Planned Development Shopping Center - PD-SC zoning district to Neighborhood Model District - NMD for a combination of residential and commercial uses located on Berkmar Drive [Route # 1403] approximately .75 miles from the intersection of Berkmar Drive and Rio Road (See Attachment A)




STAFF: Claudette Grant



December 6, 2005



January 11, 2006





OWNER/CONTRACT PURCHASER: First Interstate Charlottesville Limited Partnership/Parkside I LLC (George Ray)


APPLICANT’S PROPOSAL:  Parkside I LLC, c/o George Ray, Jr. has requested a rezoning of approximately 1.21 acres located on Berkmar Drive approximately .75 miles from the intersection of Berkmar Drive and Rio Road. from Planned Development Shopping Center – PD-SC, zoning district, to Neighborhood Model District – NMD.  The applicant’s General Development Plan, dated February 12, 2004, revised October 24, 2005 and Code of Development, dated October 24, 2005 are attached, as are the proffers. (See Attachments B and C for the General Development Plan, Code of Development and Proffers)


The property is the undeveloped portion of the Rio Hills Shopping Center and is located behind Rio Hills Shopping Center between the shopping center building and Berkmar Drive.  With this rezoning, the applicant is requesting approval of 8 residential units and approximately 9,600 square feet of commercial/office space. The applicant is providing open space and amenities, such as a play area and gardens.


Proffers the applicant is providing include a sidewalk along Berkmar Drive from the southernmost property line northward to the rear entrance to the Rio Hill Shopping Center. Proffers also include a stairway and pedestrian crossing from the eastern portion of the site to Rio Hill Shopping Center.


BACKGROUND: This application was presented to the Planning Commission on February 24, 2004 as a work session item.  (See Attachments D and E) At the time the project was called Rio Hills. The original request was for an amendment to the PD-SC district, which would amend the existing Rio Hills Shopping Center application plan to allow a two story office building with 10,858 square feet of gross floor area. Staff found the proposed application plan did not achieve the goals of the Comprehensive Plan. The plan removed a wooded area which was specifically called out in the Land Use Plan and on the previously approved application plan for the shopping center.  At the work session, the Planning Commission expressed general agreement with the proposed concept of allowing an office building to be located in the area shown on the application plan as “to remain wooded” and asked staff to work with and provide guidance to the applicant regarding changing an application to a Neighborhood Model District. The applicant has now submitted a rezoning request for Neighborhood Model District, which includes both residential and office uses as well as reduced setbacks.   


DISCUSSION/FINDINGS: In many ways, the plan conforms to the Comprehensive Plan and to the Neighborhood Model Principles, but there are issues regarding the design, the need for a street tree waiver, and the lack of a written commitment for affordable housing that should be addressed.


RECOMMENDATIONS:  Staff can recommend approval as proposed by the applicant with a waiver of the street tree requirement along Berkmar Drive north of the entrance to the project if the Commission does not feel there needs to be a commitment to affordable housing. However, if the Commission feels a commitment is necessary then an appropriate proffer would need to be offered by the applicant before this rezoning could be approved or other options would need to be pursued.  

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