ZMA 2006-00009 5th Street-Avon Center

SP 2007-00004  5th Street-Avon Center-Parking Structure



Request to rezone approximately 86.895 acres from LI Light Industrial and RA Rural Area (existing zoning) to PDSC Planned Development Shopping Center District to include approximately 476,355 square feet of non-residential (commercial) uses with special use permit for parking structure.



Messrs. Tucker, Foley, Davis, Kamptner, Graham, and Cilimberg; and Ms. Echols and Ms. Grant






January 16, 2008



     ACTION:     X              INFORMATION:  



     ACTION:                     INFORMATION: 










New Era Properties, LLC and Avon Holdings LLC (TMP 77-11E)/New Era Properties, LLC, with LeClair Ryan as the contact and The Cox Company as the consulting engineer.




On November 7, 2007, the Board of Supervisors held a work session on the subject request and asked that staff work with the applicant on the plans and proffers before scheduling a public hearing. The applicant has submitted preliminary revisions to the plans. The applicant has also submitted revised proffers, which are currently being reviewed by staff. Staff anticipates that proffers will need to be amended prior to the public hearing. After consultation with staff, the applicant has submitted revised plans that are conceptual at this juncture and intended to address the Board’s concerns discussed during the work session. Since the revised plans are different from the original scheme, the applicant and staff felt it would be appropriate to have another work session that would provide the Board an opportunity to see the new plans prior to a public hearing. If the concept plan addresses the Board’s concerns, the applicant will follow up with a complete plan for review prior to the public hearing. 




GOAL 4:  Effectively Manage the County’s Growth and Development.




The following revisions to the plan have been made:


•     The plan shows a change in building and parking locations and circulation, which responds positively to the Board’s concerns about reducing the prominence of the parking area in relation to the buildings. The plan provides flexibility in building location and provides pedestrian flow in and out of the shopping center more typical to that of a town center. The revised plan also shows better circulation to town center elements. (See Attachment B)


•     The revised plan now shows a pedestrian connection to the Willoughby subdivision.


•     The proposed Bent Creek Parkway, which connects 5th Street, Extended to Avon Street, has been slightly relocated to the south of the original proposal in order to bypass a portion of the old land fill where it would not be appropriate to locate a road. The portion of Bent Creek Parkway over the landfill is proposed to be completed by the time of issuance of a certificate of occupancy for the first building within the project.  It would be maintained by the owner as a private road until the County is satisfied that any risk of environmental cost will remain with the owner and/or VDOT or that the risk can be addressed by a bond or other surety satisfactory to the County as a condition of acceptance of right of way.  The proffers must be revised to reflect these changes.  The details of this revised proposal have not been submitted to the County Attorney’s Office for review.


•     Structured parking options are now depicted.


•     Pedestrian flow within the development, as well as pedestrian connections outside the development are also now depicted.  The pedestrian flow concept provides for good, centrally located, north-south and east-west access connecting the commercial zones.  Improved external connections have also been shown.


Staff’s opinion is that all of the proposed revisions are an improvement to the plan and address the concerns raised by the Board at its previous work session.


Special Use Permits

While there is a request for a special use permit for a proposed parking structure located in the south sector of the development, any additional parking structures would be subject to a parking study and subsequent special use permit request.




This remains a retail oriented development with an anticipated positive fiscal impact.   




Staff believes that the revised plan represents improved conformity to the Neighborhood Model and supports the concepts provided by the applicant.  The staff and applicant seek the Board’s guidance/suggestions regarding the revised plan. The applicant will submit a revised plan after the Board’s comments are considered.     




Attachment A: PC Staff Report dated November 7, 2007

Attachment B: Revised Plans dated November 29, 2007 and December 1, 2007

Attachment C: Proffers dated December 3, 2007

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