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HomeMy WebLinkAboutZMA201900004 Application-Resubmittal Zoning Map Amendment 2020-03-026P ROUDABUSH, GALE & ASSOCIATES, INC. $ A PROFESSIONAL CORPORATION g p uv Sua -7NG 3rrvin Vilyiniu SinT'c ]956 ENGIN=TNG INJD PLANNING F NGINU I. RIND DLI'ARI NII'N I- SI;RVL1 DI MIZE\IL\I 172 Sot I H I PAN TOPS DRIVE. V I F. A 914 NION I ICL LID ROAD U NI L.'IAGGARI. P.L. C I I: ARLU FII:SVII.LF. U\_'_'911 CI I ARI(III ESVILLF. VA T-9113 V% ILLIANI J. LF.DBL I ILR. L.S. DUN FR.ANCO. P.L. PI RJNF I434J 979-RI]I PHONE 14341977-II'_I5 HRLW 1)J.AAI6UN. L.S. UUSI'IN tiREENL. PE P:\.S I+3J19TbI0hI PAX143-0_9n-S_"_II NIC'IIUL.\5 \I.III'I CIIINSUN. AVIAJY NI. CHORGE. PLA IN] Uti ROI iDABUSI LC'OM Transmittal Cover Sheet To: Ms. Megan Nedostup Albemarle County Community Development Address: 401 McIntire Road, Suite 227 Charlottesville, Va. 22902 From: Ammy George Application: ZMA2019-4 Project: Breezy Hill Rezoning Project #: 8053 Date: Transmitted: 3/2/2020 E7By Mail F_ By Hand By Email For Pick-up Quantity Item Description 1 Cover Letter 15 Breezy Hill Rezonin Plan dated April 23, 2019, Revised November 18, 2019 1 Rezoning Application 1 Fee Check $1881 1 Comment Response Letter 1 Draft Proffer Statement 1 Updated Project Narrative 1 Traffic Stud 1 Special Exception Application 1 Special Exception Waiver Letter 1 IFee Check $457 Comments: Received By: Date: cc: Charlie Armstrong Delivered by: For Pick-up: RGA Client Other Belmont Office =Pantops Office 6P ROUDABUSH, GALE & ASSOCIATES, INC. $ A PROFESSIONAL CORPORATION g p LIND SURVEYING Sewinu IAi ghiia Since 1956 ENGINEERING LAND PLANNING ENGINIfLRINU DLPARINIENT SURVEYMPARTMEN'I- 172 YOI II'I I PANOPS DRIVE. S I I'. A 914 MON'I K'IiLLO ROAD JIM L. IAU6ART. RE. CLIARLO'C I ESVILLE. VA2_'9II CIIARLO I I ESVILLL. VA»901 WILLIAM J. LEDBLFI LR. L.S. DON FR.ANC'O. RE. PI [ONE (434) 979-813I PHONE (414) 977-02I15 BRIAN D. JAMISON. L.S. DAVID M. ROBINSON. P.E. FAX (434) 979-I68I FAX (434) 296-5220 NICI IOLAS M. I ILA I'C'I IINSON. L.S. AMMY M. GEORGE. PLA IN] Oa ROLIDABUSILCOM March 2, 2020 Ms. Megan Nedostup, Principal Planner Albemarle County Community Development 401 McIntire Road North Wing Charlottesville, VA 22902 Re: Breezy Hill, ZMA-2019-4 Dear Ms. Nedostup, I have reviewed your comments from Tim Padalino and yourself concerning the status of the project, At this point at time, we feel that the only outstanding issue is question of density. As we feel that we have adequately addressed the staff s concerns in this matter, we would like to move the discussion to the Planning Commission. As we have discussed previously with Tim Padalino, the issue of density must be reviewed in a holistic way across the Village of Rivanna. It is not a simple matter of a limit being the correct answer when this designated Development Area is failing to meet the prescriptions of density set forth in the Comprehensive Plan. The County's long-standing goal is to allow 3 to 6 dwelling units per acre in a village. As I go into detail in the comment response letter, the overall density of Rivanna Village and Areas A-C is at 2.19, substantially below the desired levels. Breezy Hill is the single largest remaining area to be developed within the Village of Rivanna. If a portion of the intensity lost to date is to be recovered, Breezy Hill is the best opportunity. The future growth in the Village of Rivanna was defined on the capacity, adequacy, and concurrency of the supporting infrastructure. With the water and sewer capacity determined to be adequate to accommodate Breezy Hill, the discussion has focused on the transportation network and timing of identified improvements. The approach with Breezy Hill has been to balance additional units against baseline transportation metrics and the soft edge vision for the property. As proposed, 160 units with proffers, Breezy Hill not only mitigates its impacts, but ensures that the overall transportation network is improved. Route 22/250 and North Milton Road/250 are the two most problematic intersections between the county line and I-64 interchange. Though signal optimization and bus service, the intersections can be improved 23%159%u (amlpm) and 15%130% during peak hours, respectively. The proposed signalization improvements entirely mitigates the reasonable anticipated transportation impacts from the development of Breezy Hill and improves the two intersections to function significantly better than the current level of service. Besides traffic, the proposal emphasizes a soft edge to the rural area. Past public and PC input have recommended buffering the rural area east of Running Deer as well as the residential lots fronting along the western edge of the growth area. To that end we have limited our visual impacts to the rural edge by eliminating the secondary vehicular connection to Running Deer. This ensures that edge of the growth area has little to no physical change and Breezy Hill is buffered by at least one row of lots (about 250 feet). A 40' additional buffer has also been added to mirror the 35' rear yard setback in the rural area. The buffer ensured through a minimum 20' buffer and 20' rear setback at the rear of Block 5. We also propose no attached units in Block 5, ensuring our density favors the western edge of our property. We have demonstrated that the project impacts are mitigated and the existing infrastructure and public improvements can accommodate the proposed density. Since ely, Ge rge, A FOR OFFICE USE ONLY SP tt Fee Amount v' Date Paid lay who? Receipt # Ck9 gy Resubmittal of information for Zoning Mall) Amendment (� A. PROJECT NUMBER THAT HAS BEEN ASSIGNED: ZMA 2019-0004 Owner/Applicant Must Read and Sign I hereby certify that the information provided with this resubmittal is what has been requested from staff Signature of Owner, Contract Purchaser Print Name FEES that may apply. Date Daytime phone number of Signatory ❑ Deferral of scheduled public hearing at a licant's request $194 Resubmittal fees for original Zoning Map Amendment fee of $2,688 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,344 Resubmittal fees for original Zoning Map Amendment fee of $3,763 ❑ First resubmission FREE ® Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADETO INTAKE STAFF) $1,881 To be paid after staff review for Dublic notice: Most applications for a Zoning Map Amendment require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. ➢ Preparing and mailing or delivering up to fifty (50) notices $215 + actual cost of first-class postage ➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage ➢ Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (averages between $150 and $250) County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11/02/2015 Page 1 of 1 0 ROUDABUSH, GALE & ASSOCIATES, INC. $ A PROFESSIONAL CORPORATION g p LAND SURVEYING S'ro)h1g Vi ghiia Sunce 1956 ENGUYEERING LANDPLANNING LKOIN ELRI\U DLP\111 N-IENI SURVEY DI94\RI'MENT I I 172 SO[:I I' A N I l I'S OR I VI . S I L.:A 914 MON I IC'ELLO ROAD 11N-I L. IAOGARI: P.E. CI I:ARLOI ILSVILLL. VA''2911 C'IIARLO'II ESVILLE. VA 22902 WILLIAM J. LEDBE I' I'EIL. L.S. DON 1=RANCO. P.E. 1'1 IONE (4,4) )79-g 121 14IONS (434) 977-0205 BRIAN D. JAMISON. L.S. DAVID M. ROBINSON. P.E. I AX (434) 979-1681 FAX (434) 296-522.0 NIC'I IDEAS M. IRl ICIIINSON. L.S. AMMY M. GEI JRGE. PLA INTO a ROI D.ABUSILC'OM March 2, 2020 Ms. Megan Nedostup, Principal Planner Albemarle County Community Development 401 McIntire Road North Wing Charlottesville, VA 22902 Re: Breezy Hill, ZMA-2019-4 Dear Ms. Nedostup, I have reviewed your comments from December 18, 2019. You will find my individual responses below. Planning 1. (Growth Capacity) a. The proffer to implement signal timing coordination improvements using the existing signal equipment (as described in Proffer 2.a) is not adequate to offset anticipated impacts to the US 250 corridor, particularly within the context of the acute, ongoing need to address and resolve the volume capacity ratio of this congested corridor. Additionally, to date, VDOT has not provided affirmative indication of the the proposed Proffer 2.a is feasible or appropriate, and has indicated that additional information (such as a Modification Plan for review by Traffic Engineers) is required in order to complete an evaluation of Proffer 2.a's feasibility and beneficial value. Response: VDOT has had the opportunity to review the traffic study with the proposed signal timing and coordination of improvements proffered by the applicant. VDOT has responded in the affirmative that the proffered improvements will improve the functionality of the two intersections, US 250 at US 22 and US 250 at N. Milton Road, malting the intersections perform significantly better than the current conditions, alleviating the traffic congestion in the area. The benefit of the improvement is so significant that it completely mitigates the added traffic from Breezy Hill, and then some. Breezy Hill ZMA2019-4 3/2/2020 Staff believes additional physical improvements to the existing transportation infrastructure would be necessary in order for the proposal to be considered appropriate at this time, relative to the Master Plan recommendations regarding transportation improvements. In addition to the comprehensive recommendations contained in the Master Plan, staff believes these particular physical improvements should be given careful consideration when considering how to mitigate reasonable anticipated transportation impacts: i. Extending the Left turn land on US 250 for west -bound traffic making left turns onto N. Milton Road; and/or ii. Extending the merge lane from Route 22 onto US 250. Response: The suggested turn lane and merge lane improvements were not included in the traffic study and will not be included as part of the development plan or proffered improvements. VDOT concurs with the traffic study that the proposed signalization improvements entirely mitigates the reasonable anticipated transportation impacts from the development of Breezy Hill and the anticipated growth rate of 2% for the region. b. The cash proffer for transit/bus service (as described in Proffer 2.b) is not the most appropriate or beneficial way to provide expanded transit services and otherwise mitigate anticipated impacts to the transportation system. Additionally, to date, JAUNT has not provided affirmative indication that the proposed new transit service described in proposed Proffer 2.b is feasible or appropriate. Staff suggests consideration be given to alternative methods for potentially providing cash proffers to mitigate anticipated impacts, including the following: i. A cash proffer to support the development of a park -and -ride facility on -site or in the vicinity of the proposed project; and/or ii. A cash proffer designed to enhance the existing JAUNT service to Lake Monticello (for the general purposes of increasing frequency of service along this corridor and/or establishing a new "slip stop" at Breezy Hill. Response: Although, this proffer what developed in conjunction with JAUNT and was highly desired by JAUNT, the proffer for transitibus service has been rewritten. It now includes the stipulation that the Albemarle County can reallocate some or all of the monies from this proffer to use in any transit related project that they determine will directly benefit the residents of the Village of Rivanna. c. Additional verification counts would help clarify baseline traffic volumes and patterns. Response: The traffic study was conducted in January 30, 2018, which is described as a typical weekday while schools were in session and no special event occurring. Breezy Hill ZMA2019-4 3/2/2020 The study included the counts at the following intersections: Route 250 and Running Deer Drive; Route 250 and Route 22 and Route 250; and N. Milton Road. The existing signal timing was provided by VDOT for the two traffic lights in the study area. The assumptions of the study were discussed with VD®T and County staff prior to the traffic count and subsequent analysis. VD®T has deemed the traffic study adequate. The County staff will need to provide more detail on the type of information they are looking for beyond the current study and analysis. 2. (Density): a. Future Land Use — Residential Areas (Master Plan pp. 25-26): the Master Plan identifies the Breezy Hill subject property as being in "Area B" and recommends a "possible" residential density of 1 unit/acre for this portion ofthe Village of Rivanna. The following "key recommendation" in the Master Plan provides the underlaying concept for the relatively low recommended residential density in this portion of the Development Areas: Density will radiate from the Village Center with the lowest densities at the edges of the Development Area" (Executive Summary, page 5; and Future Land Use — Residential Areas, page 25) In addition, the following recommendation further articulates the expectations for a gradient development, with lower density development in the area that contains the subject property for this proposal: "Developed land on the east side of Carrel Creek is not expected to change in character, as it provides for a transition to the Rural Areas." (Future Land Use — Residential Areas, page 25). Although this recommended "possible" density of 1 unit/acre represents development at twice the density of the Rural Areas zoning district (which is 0.5 units/acres max), it would still be relatively low density for the Development Areas, and represents residential uses at a lower density than other residential developments approved in the Village of Rivanna Development Area. Response: The suggested lot layout shown in the Conceptual Layout Plan takes the concept of gradient density into account. The eastern portion of the proposed development that abuts the rural district has larger and fewer lots to provide that transition. The density along this area is 0.78 dwelling units per acre, which is less than the recommended density of 1 unit per acre, and only slightly higher than that of the rural areas. The western portion of the property has a density of 2.48 units per acre. This density is still lower than the build -out of Rivanna Village which is at 3.3 units per acre. Preezy FIill ZMA2019-4- 3/2/2020 The Planning Commission provided the following confirmation, clarification and recommended direction for residential density for this portion of the Village of Rivanna at the July 30, 2019 Work Session: Net residential density (not gross density) should be used in the analysis of this and other rezoning applications; and Net density of one dwelling unit per acre (1 unit/acre) is appropriate for this portion of the Village of Rivanna relative to the language in the adopted Master Plan, including the Future Land Use insert which designates "Area B" as having the "lowest density of this Development Area" and which further recommends a specific residential density of 1 unit/acre. Response: The maximum number of dwelling units proposed is 160. The resulting gross density is 1.90 dwelling units per acre, which is within the range of the Neighborhood Density Residential — Low (2 units or less/acre) specified by the VoR Master Plan. We acknowledge that the VoR Master Plan has some self -conflicting language about density, and maintain that appropriate density for Breezy Tull needs to be evaluated in a larger context, especially considering other development activities in the Village of Rivanna since adoption of the Master Plan. Albemarle County has a longstanding goal of directing development into designated Development Areas, which means allowing the Development Areas to be built out at an assumed level of density, approximately 3 to 6 dwelling units per acre in a village (Village of Rivanna Master Plan, page 11). Additionally, Albemarle County's Growth Management Policy relies on development within the density ranges recommended for the Development Areas. The Village of Rivanna (VoR) Master Plan anticipated that there would be between 300-400 residential units within Areas A, Area B and Area C in addition to the previously approved Rivanna Village rezoning. The Rivanna Village (ZMA2001-8) was originally a maximum of 521 residential units. So therefore, the total number of anticipated residential units was be 821-921 within Rivanna Village, Area A, Area B and Area C. This would have given a maximum density of 2.83 dwelling units per acre over the entire 326 acres. However, Rivanna Village was rezoned again (ZMA 2013-12) for a total of 400 residential units and the actual buildout will be far less at 313 units. This represents a loss of 208 units from the anticipated total; and a density of just 2.19 units per acre over the entire 326 acres, far below the desired limit of 3 to 6 units per acre. The VoR Master Plan offers a caveat to the stated density suggestions for each of the planning areas — if higher density is achieved in one area, the other areas should "then have a proportionately lower density". A logical position would be that the converse is true; if the optimal density is not achieved in an area, then the other Breezy Hill ZMA2019-4 3/2/2020 areas may be developed at a higher density in order to maintain the anticipated level of buildout in a designated Development Area. Per the suggested development table in the VoR Master Plan (page 26), Area B, was anticipated to be developed at 1 dwelling unit per acres or 115 units. The Breezy Hill project accounts for 84 acres of the 115 acres. We are requesting that 76 of the unused planned development units be transferred to the Breezy Hill area to allow the proposed 160 residential units. This would result in a total of 758 dwelling units in Rivanna Village, Area A, Area B and Area C9 the resulting overall density would be 2.33 dwelling units per acre. This is below the original planned density of the Village of Rivanna, and is still below the desired limit of 3 to 6 units per acre. The Commissioners spoke of reducing the density of the Breezy Hill project to less than 1 unit per acre. However, we feel that the previous staff reports have not accurately portrayed the issue of density within the Village of Rivanna as a whole. Albemarle County's guiding documents clearly stipulate that development should take place in designated areas. The Village of Rivanna is setting a trend to develop at a level below the desired 3 to 6 units per acre. 3. (Additional Planning Connnents): a. Curb and gutter, sidewalks and planting strips infrastructure required by the Subdivision Ordinance Sections 14-400, 14-410.H, and 14-422 are not provided in this proposal. Staff acknowledges that Sheet 1 of the General Development Plan ("Cover Sheet") includes a Special Exception Request note stating, "Request exception for 14.410.H, the requirement of curb and gutter in subdivision within the Development Area." However, no formal request for a Special Exception (SE) was submitted pursuant to Subdivision Ordinance Sections 14.410.I and 14.203.1 (inclusive of all required information, details and rationale as specified in Subdivision Ordinance Section 14.410.I). To proceed with such a request, please submit the required SE application and information with this ZMA proposal, and submit a SE request at the time of the preliminary plat application if so desired at that time. Please note that staff do not necessarily agree that such a special exception is appropriate for all streets in the entire proposed development. Response: In the closing minutes of the Planning Commission Work Session, we asked the members if they would allow the use of a rural road section. The answer was yes. This was seen as an appropriate way to further transition from the more urban feel of Rivanna Village to the rural area that this project abuts. A Special Exception application is being submitted with the resubmittal of these plans to allow a rural road section. Regarding this proposed project's potential impacts to Albemarle County Public Schools, CDD-Planning staff have coordinatated with ACPS staff. The following comments and Breezy Flill ZMA207 9-4 3/2/2020 analysis (below), including concerns about building capacity at Stone -Robinson Elementary School, are derived from that coordination; The proposal includes a maximum of 160 new dwelling units. The subject property is within the Southern Feeder Pattern, and residents of the proposed Breezy Hill neighborhood would attend Stone -Robinson Elementary School, Burley Middle School and Monticello High School, Burly Middle School and Monticello High School both have adequate capacity to accommodate additional students. However, Stone -Robinson Elementary is projected to be at its building capacity by the 2021/2022 school year which will make accommodating additional students difficult. Response: A review of the Albemarle County Public Schools (ACPS) Long Range Planning Advisory Committee Recommendations, dated July 11, 2019, indicates that the Stone Robinson Elementary has no long range capacity issues despite the forecast of moderate development with high population growth within the area. The ACPS Enrollment Projections has the school's capacity at 570 students. In the quoted year of 2021/2022, the expected enrollment will be 424 students, which is 146 students away from capacity. The forecasted years beyond 2021/2022 to 2024/2025 have a similar expectation in enrollments. The Burley Middle School and Monticello High School both have similar enrollment projections and available capacity. The average percentage of household members under the age of 18 is 19.8% in Albemarle County per the 2019 US Census data. If we extrapolate this information for the 160 units proposed within Breezy Hill, we could reasonable expect approximately 32 additional students would be divided among the three schools in the Southern Feeder school district - Stone -Robinson Elementary, Burley Middle School and Monticello High School. This estimate is well within the available capacity of each school. As mentioned above, we do realize that new housing can be expected to produce new students within a school district. However, I would think that generating students within a school district with capacity would be a favorable factor when considering the county as a whole. Most people are in agreement that the population in the County will continue to grow in the future. It seems that directing that growth towards a district that that currently has capacity seems a far better management strategy than the current trend. ARB & Historical Preservation An objective of the Comprehensive Plan is to maintain or improved the visual quality of all of Albemarle's roadways. The Plan also notes a concern about the integrity of the scenic quality of some roads, including US 250 East, where new residential developments eliminate traditional Breezy l-lill ZMA2019-4 3/2/2020 frontage treatments, resulting in sustained views of sprawling residential developments with their backs turned towards the road. For consistency with the Comprehensive Plan, it is recommended that the stormwater facility shown adjacent to US 250 be designed as an integrated landscape feature with a positive visual impact on the slreetscape. Response. The stormwater management facility will be designed so that it is an integrated landscape feature. Natural Resources Manager (Repeat Comments from 1' Review) 1. Since Carrol Creek is an impaired waterway, land disturbance should not occur near it. The woody riparian buffer along Carrol Creek should be maintained and left undisturbed. Acknowledged. The preliminary grading shows that the grading activities will be outside of the 100' Stream Buffer and/or the 100-Fear Floodplain, whichever is greater. It is the intent to maintain and protect the existing riparian buffer. 2. A buffer width of more than 100' (as required by the WPO) is recommended. All grading activities will be kept out of the 100' Stream Buffer and/or the 100-Year Floodplain, whichever is greater. Preventing land disturbance and maintaining or creating wooded riparian buffers along the two intermittent streams is also highly recommended. This will help protect Carroll Creek as well as the section of the northernmost intermittent stream that is impaired for aquatic life. The western most portion of the site will be only one dwelling unit on approximately 8.5 acres exclusive of the open space and conservation area. The largest expanse of steep slopes and one of the intermittent streams will be crossed with only one driveway. This provides a more extensive conservation effort due to the restriction on development at the western most portion of the property. Preventing land disturbance and maintaining wooded buffers will help conserve areas of steep slope and possible wetlands that are in close proximity to Carroll Creek and the intermittent streams. All grading activities will be kept out of the 100' Stream Buffer and/or the 100-Year Floodplain, whichever is greater. Engineering (Repeat Comments from 1s' Review) These comments can be addressed during subdivision/VSMP reviews. The limits of floodway and base flood elevation must be determined by the applicant prior to VSMP, subdivision or site plan approval [18-30.3.13(C)1]. Grading, even for a pedestrian trail, cannot occur within the regulatory floodway unless it will be maintained by the County; however, a primitive trail is allowed in the floodway. It is recommended that proposed grades do not exceed 3:1. Documentation that existing ponds meet current SWM construction standards may be required. Breezy MH ZMA2019 /1 3/2/2020 Acknowledged. The comments from Engineering will be incorporated into the final design of the project at the site plan/subdivision plan stage. Albemarle County Service Authority / ACSA (Repeat Connnraents fro¢n ls� Review) ACSA has indicated there is no capacity issues in water or wastewater related to the Breezy Dill rezoning application. We will continue to coordinate with ACSA/RWSA as this project moves forward in regards to tinning of improvements and buildout. Albemarle County Fire �c Rescue (Repeat Comments from fs� Reviewl 1. Prior to the issuance of the 31 st building permit, the second entrance/exit shall be completed. The plan has been updated to reflect the desire of the community and direction from the Planning Commission to not direct traffic from the Development Area to the rural roadway. The road that was previously shown intersecting with Running Deer Drive is now for emergency access only. The emergency access will have bollards so that only emergency vehicles can access this community from Running Deer Drive. Additionally, we have provided for the future right-of-way reservation(s) for the inter -parcel connections over Carroll Creek that have been indicated in the Village of Rivanna Master Plan. 2. Travel ways must provide a minimum of 20' clear travel width, on street parking arrangements should take this in to account. Acknowledged. The roadway width is based upon VDOT Road Design Manual B(1) Table 2. 3. Adequate fire flow based on building square footage will be required along with a fire flow test prior to final acceptance. Acknowledged. 4. Minimum turning radius shall be 25' Acknowledged. 5. Any cul-de-sac or turn arounds will be required to meet current fire code requirements. Acknowledged. Virginia Department of Transportation 1. The entrance location must meet access management standards as described in Appendix F of The VDOT Road Design Manual. Additionally, the left turn lane warrants will be analyzed through the site plan process once the final unit count and street layout has been determined. Response: Acknowledged. 2. All public roads must meet applicable VDOT Road and Bridge Standards and Specifications, in particular Appendix B(1) of the Road Design Manual. Breezy Hill ZMA2019-4 3/2/2020 Response: Acknowledged. All roads will be designed to meet the standards in the VDOT Road and Bridge Standards and Specification and the VDOT Road Design Manual. The Department concurs with the recormnendation of adjusting the signal timings and operations at the two signalized intersections of US 250 at US 22 and US 250 at N. Milton Road. Adjusting the splits and left turn operation (Lead/Lag) will enhance the traffic signal operations during the AM Peak. Providing traffic signal coordination plans for the PM Peak will significantly entrance the two signal's operation. Response: Acknowledged. 4. To ensure effective and consistent signal coordination the Department recommends radio communications be included in the signal modification plans. This will ensure that the operations gains claimed in the analysis are able to come to fruition. Response: Radio communications have been added to the proffers along with "controllers and equipment necessary to achieve optimal performance" from the traffic study. At this point at time, we feel that the only outstanding issue is question of density. As we feel that we have adequately addressed the staff's concerns in this matter, we would like to move straight to the Planning Commission and Board of Supervisors. Since -ely, y Ge rge, Breezy Hill ZMA2019-4 3/2/2020 Original Proffers X Amendment PROFFER STATEMENT ZMA No. 2019-00004 Tax Map and Parcel Number(s): 09d 00-00-00-001 AO, 09400-00-00-00500, 09400-00-00-00600, 09400-00-00- 00800, 09400-00-00-008AO, 09400-00-00-04800, 09400-00-00-048AO, and 09400-00-00-008CO(portion) Owner(s) of Record: BREEZY HILL AT KESWICK LLC; KIMCO LC; LUPOS LLC; and HAWKINS CLARENCE M OR BEATRICE B Date of Proffer Signature: 84+/- acres to be rezoned from RA to R-4 Breezy Hill at Keswick LLC, Kimco LC, Lupos, LC; and Clarence M or Beatrice B Hawkins are the owners of (the "Owner" or "Owners") of Tax Map and Parcel Numbers 09400-00-00-OOIAO, 09400-00-00-00500, 09400- 00-00-00600, 09400-00-00-00800, 09400-00-00-008A0, 09400-00-00-04800, 09400-00-00-048AO, and 09400- 00-00-008CO (portion) (the "Property") which is the subject of rezoning application ZMA No. a project known as `Breezy Hill" (the "Project'). Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified above. These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the conditions are reasonable. 1. Proffered Plan: Improvements to the Property shall be in general accord with the `Breezy Hill Rezoning General Development Plan" ("Plan") dated which shows a conceptual layout for the development of the Property. Major Elements of the plan include: a) Primary vehicular connection point at 250; b) Emergency vehicle access point at Running Deer Drive; c) Future vehicular and/or pedestrian connection points to the west toward Carroll Creek; d) Road typologies e) Approximate delineations between blocks and housing typologies assigned to each block; f) Approximate trail, multi -use path, and pedestrian network locations and typologies; g) Approximate locations and sizes of Open Space, buffer, and Conservation Areas; h) Density limit 2. Transportation/Transit: a. Intersection Improvements: Prior to issuance of the first (lst) Certificate of Occupancy the Owner shall design and install, with input and approval from VDOT, signal timing and coordination improvements to the Route 250 corridor that improve the flow of traffic on Route 250 at the intersections Route 729 (N. Milton Rd) and Route 22 (Louisa Rd). Signals shall be upgraded to the ASTPM platform using the existing signal equipment at each intersection, as well as new radio communications, controllers, and equipment as necessary to achieve optimal performance. b. Transit: Prior to the issuance of the tenth (10) Certificate of Occupancy in Breezy Hill or upon commencement of fixed -route transit services to the Village of Rivanna by JAUNT, CAT, or a regional transit authority, whichever occurs later, the Owner shall contribute Fifty Thousand Dollars ($50,000) to the County to be used for operating expenses relating to fixed -route transit service to the Village of Rivanna or the operating expenses of a comprehensive transit service that serves the Village of Rivanna as part of a larger system serving the US Route 250 corridor. Thereafter the Owner shall contribute Fifty Thousand Dollars ($50,000) to the County each year for a period of nine (9) additional years, such that the cash contributed to the County pursuant to this proffer shall not exceed Five Hundred Thousand Dollars ($500,000). The monetary contribution in years two (2) through ten (10) shall be paid on or before the anniversary date of the first contribution. Albemarle County may reallocate some or all of the transit proffer to any transit related project Albemarle County determines will directly benefit the residents of the Village of Rivanna. 3. Affordable Housin¢: The Owner shall provide affordable housing equal to fifteen percent (15%) of the total residential units constructed on the Property as provided under Proffer 3a or 4b: a. Cash Proffer: In lieu of constructing affordable dwelling units "Affordable Units" for fifteen percent (15%) of the total number of Units, the Owner has the option to make a cash contribution to Albemarle County, Piedmont Housing Alliance, Habitat for Humanity, or another local non-profit affordable housing provider in the amount of Twenty One Thousand One Hundred Twenty Five Dollars ($21, I25.00) (the "Affordable Housing Cash Proffer") for each such cash -in -lieu -of -construction unit prior to the issuance of a Certificate of Occupancy for that Unit. The Owners total cash contribution will be between $0 Dollars (if all proffered Affordable Units are constructed within the Project) and $507,000 (if zero Affordable Units are constructed within the Project. b. For -sale Units: The Owner maintains the right to construct and sell all or a portion of the Affordable Units within the Property. The Owner shall convey the responsibility of initially constructing and selling the affordable units to any subsequent owner or developer of the Property (or any portion thereof), and such subsequent owner(s) and/or developer(s) shall succeed in the duties of the Owner under this Proffer 4; and the term "Owner" shall refer to such subsequent owner(s) and/or developer(s) as applicable. Affordability; Credit Thresholds: For the purposes of this Proffer 4(b), "affordable housing" shall mean units affordable to households with incomes less than eighty percent (80%) of the area median income (as determined from time to time by the Albemarle County Office of Housing) such that housing costs consisting of principal, interest, real estate taxes, and homeowners insurance (PITI) do not exceed thirty percent (30%) of the gross household income. J. Sale of Affordable Units: All purchasers of the for -sale affordable units shall be approved by the Albemarle County Housing Office or its designee (the "Housing Office"). If the Owner has not identified a purchaser and received approval for sale of the Unit to such purchaser from the Housing Office, the Owner shall provide the Housing Office a period of 180 days to identify and approve an eligible purchaser for such affordable unit. The 180-day qualification period shall commence upon written notice from the Owner to the Housing Office of the approximate date the unit is expected to receive a Certificate of Occupancy from the County (the "Notice"). Such Notice shall be given no more than 180 days prior to the expected issuance of the Certificate of Occupancy. Nothing in this Proffer shall prohibit the Owner from identifying an eligible purchaser during the 180-day qualification period. If, during the 180-day qualification period, (i) the Housing Office fails to approve a qualified purchaser, or (ii) a qualified purchaser fails to execute a purchase contract for an Affordable Unit, then, in either case, the Owner shall have the right to sell the unit without any restriction on sales price or income of the purchaser, and such unit shall be counted toward the satisfaction of this Proffer 4(b). This Proffer 4(b) shall only apply to the fast sale of each of the for -sale affordable units, c. For Rent Units: The Owner maintains the right to construct and rent all or a portion of the Affordable Units within the Property. The Owner shall convey the responsibility of initially constructing and renting the affordable units to any subsequent owner or developer of the Property (or any portion thereof), and such subsequent owner(s) and/or developer(s) shall succeed in the duties of the Owner under this Proffer 4, and the term "Owner" shall refer to such subsequent owner(s) and/or developer(s) as applicable. i. Affordability; Credit Thresholds: For the purposes of this Proffer 4(c), "affordable housing" shall mean units affordable for rent by households with incomes less than eighty percent (80%) of the area median income (as determined from time to time by the Albemarle County Office of Housing) such that rent payments do not exceed thirty percent (30%) of the gross household income. ii. Rental of Affordable Units: All renters of the for -rent affordable units shall be approved by the Albemarle County Housing Office or its designee (the "Housing Office"). Maximum rental amounts to be charged shall be set such that they satisfy Proffer 4(c)(i), and shall be adjusted annually to account for changes in the area median income. d. Tracking: Each subdivision plat and site plan for land within the Property shall designate lots or units, as applicable, that will, subject to the terms and conditions of this Proffer 4, satisfy the requirements of this Proffer 4. Such subdivision plat(s) or site plan(s) shall not be required to identify the method by which this Proffer 4 will be satisfied (i.e. 4(a), 4(b), or 4(c)). The aggregate number of such lots or units designated for affordable units within each subdivision plat or site plan shall constitute a minimum of fifteen percent (15%) of the lots or units in such subdivision plat or site plan. The Owner, at the Owner's option, may accelerate the provision of affordable units ahead of the minimum 15% minimum requirement and shall be entitled to receive credit on future subdivision plat(s) or site plan(s) for any such units provided beyond the 15% minimum requirement. 4. Cost Index: Beginning January 1, 2022, the amount of each cash contribution required by Proffer 3 shall be adjusted annually until paid, to reflect any increase or decrease for the proceeding calendar year in the Marshall and Swift Building Cost Index ("MSI"). The annual adjustment shall be made by multiplying the proffered cash contribution amount due for the preceding year by a fraction, the numerator of which shall be the MSI as of December I in the preceding calendar year, the denominator of which shall be the MSI as of December 1 in the year preceding the calendar year most recently ended (the "Annual Percentage Change"0. By way of example, the first annual adjustment shall be $21,125 x 2022 MSf/2021 MSI. Each annual adjustment shall be based on the amount of the proffered cash contribution due for the immediately preceding year based on the formula contained in this Proffer 5 (the amount derived from such formula shall be referred to hereinafter as the "Cash Contribution Due"), For any cash contribution that is being paid in increments, the incremental payments shall be correspondingly adjusted each year. 5. Counterparts: This proffer Statement may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Owner signatures to be provided, after blanks are completed, after County Attorney review, and prior to Public Hearing by the Board of Supervisors. [SIGNATURE IF LAND IS OWNED BY ONE OR MORE ENTITIES; EACH OWNER OF RECORD MUST SIGN THE PROFFERS] OWNER By: [INSERT OF PERSON SIGNING ON BEHALF OF ENTITY THAT OWNS THE LAND] Title: [INSERT TITLE OF PERSON SIGNING ON BEHALF OF ENTITY] [INSERT NAME OF ENTITY BY WHICH LAND IS OWNED] Zoning leap Amendment Narrative Breezy zl April 15, 2019 November 18, 2019 March 2, 2020 (Revised) Project Proposal: Breezy Hill is the single largest remaining area to be developed within the Village of Rivanna. The rezoning proposal is for an R-4 district with a density cap of 160 single-family lots, or 1.9 dwelling units per acre. The R-4 designation is only to allow the development of detached or attached housing types. Breezy Hill is a low -density residential neighborhood in a part of the growth area that is specifically designated for this type of development. At this time, there is an existing and rapidly growing demand for neighborhood residential low - density lots and homes in Albemarle County. With the end of the recession and the upturn in the national economy, we have observed high demand for new home sites large enough to support single-family homes with back yards. While townhomes remain in supply, larger single-family lots are all but non-existent in the growth area. It is easy to see that unless new single-family lots are made available in the designated growth areas, the rural areas will begin to be broken up in a piecemeal fashion through by -right rural subdivision development. Breezy Hill has been designed to satisfy the demand for single-family homes in an orderly and sustainable way and to take pressure off the rural areas. These new single-family detached lots in the growth area are necessary and desirable and fit in with Albemarle County's long-standing goal of directing development into the designated Development Areas. Consistencv with the Comprehensive Plan: The Village of Rivanna is different from the County's larger designated growth areas. At a high level, both the comprehensive plan and the area's master plan recognized that the principles of the Neighborhood Model should not be applied equally. As such, we have designed the Breezy Hill Development Plan to reflect the desires of the Comprehensive Plan, the Village of Rivanna Master Plan and input from the community and County Staff. Pedestrian orientation: Breezy Hill includes a series of internal trails, which provide access to and through the project's open space. Externally, we establish our portion of the larger multi -use path along our Route 250 frontage. Neighborhood friendly streets and paths: All streets will be lined with street trees. Roadways are designed with gentle curves and frequent intersections to encourage neighborhood -appropriate driving speeds. Interconnected streets and transportation networks: The streets in Breezy hill provide internal interconnections at the end of what would otherwise be long cul-de-sac streets. Where street interconnections are not possible due to topographic constraints, pedestrian interconnections are provided via trails and linear park systems. An external Brec,n Ilill ZMA2019-4 1Vairative sheet interconnection is provided at Route 250; and the space for the future interconnection to Rivanna Village is provided on the west side of the property. Consistent with public input, interconnection with the adjacent parcels in the rural area is not proposed. A proffer to help fund extension of bus service to the Village of Rivanna is offered. 4. Parks and open space: Breezy Hill will retain more than 40% of the property in community open space, most of which will be linear parks and wooded conservation area. The wooded conservation area protects the most environmentally sensitive areas. Within the community open space will be walking trails, sitting/gathering areas, pocket parks, tot -lots, and other active recreations areas consistent with the Parks & Green Systems Plan and Map. 5. Neighborhood centers: Consistent with the Master Plan recommendations, no typical neighborhood centers are proposed. Nevertheless, Breezy Hill has been designed around the interconnecting open spaces that join together in the conservation area adjacent to Carroll Creek. Due to the central nature of the opens spaces, they will serve as the "community center" in close proximity to all homes, linking the front of the community to the back of the community, consistent with the Parks & Green Systems Plan and Map. 6. Building and spaces of human scale: The buildings proposed are all residential single- family homes. The spaces are proximate to the homes and proportioned appropriately for the scale of the community. 7. Relegated parking: This principal is generally not applicable in rural areas and due to the nature of the proposed development, there will be no concentrated parking areas. 8. Mixture of uses: Consistent with the Master Plan recommendations, only residential uses are proposed. 9. Mixture of housing types and affordability: Consistent with the Comprehensive Plan recommendations, a mixture of residential housing types is proposed. Moreover, consistent with public input, a proffer is included to address off -site affordable housing. 10. Redevelopment: This principal is generally not applicable within the Village of Rivanna. The recent growth and low density recommended is generally on supported through greenfield development. 11. Site planning that respects terrain: Breezy Hill was designed to avoid and protect sensitive environmental areas, including avoidance of steep slopes, creeks, and flood plains to the greatest extent possible. The transportation network generally follows the ridges on site and the proposed grading works with the natural terrain. 12. Clear boundaries with Rural Areas: Consistent with public input, the project extends the rural character of the surrounding area into the development area. This proposal maintains the rural character of Route 250 by preserving a buffer greater than 50' along Firce/,v Ifill ZfiiA2019-4 Narrative 2 the southern frontage of Route 250. This proposal creates a "soft boundary" between the development area and the rural area, maintaining the existing low -density character on both sides of Running Deer. Impacts on Public Facilities �i Paablic Infrastructure: Traffic The future growth in the Village of Rivanna was defined on the capacity, adequacy, and concurrency of the supporting infrastructure. These recommendations have guided the timing of public investment in the area. However, it has been identified during this process that several of the suggested transportation improvements are not feasible due to space constraints, lack of ftnnding or changes made by VDOT in levels of importance. Taking all of this into account, this application suggested an alternative transportation improvement to mitigate it's traffic impacts. The proposed signal optimization and bus service are improvements that are attainable and can significantly improve the traffic conditions on Route 250. The Route 22/250 and North Milton Road/250 are the two most problematic intersections between the county line and I-64 interchange. Though signal optimization and bus service, the intersections can be improved 23%159% (amIpm) and 15%130% during peak hours, respectively. The baseline for this comparison included the existing traffic conditions with the proposed development of the village center. Mitigating the project's impacts to below previously forecast traffic volumes demonstrates that Breezy Hill balances the recommendations of the Albemarle County Comprehensive Plan, Master Plan for the Village of Rivanna and supports the public investment that has been both constructed and proposed for the eastern portion of the County. Even with 160 units at Breezy Hill, the traffic solutions proposed by Breezy Hill will make traffic on Route 250 better than it is today. Breezy Hill won't just mitigate its impact, it will improve conditions for current residents Water and Sewer The Developer has had extensive meetings with the Albemarle County Service Authority. Adequate water and sewer capacity currently exists for the proposed density. Impacts on Environmental Features: Breezy Hill was designed to avoid and protect sensitive environmental areas, including avoidance of steep slopes, creeks, and flood plains to the greatest extent possible. The transportation networks generally follow the ridges on site, avoiding all sensitive topographic features consistent with the Parks & Green Systems Plan and Map. Impacts to Public Schools A review of the Albemarle County Public Schools (ACPS) Long Range Planning Advisory Committee Recommendations, dated July 11, 2019, indicates that the Stone Robinson Elementary has no long range capacity issues despite the forecast of moderate development with high population growth within the area. The ACPS Enrollment Projections has the school's Breezy 11iII ZMA2019A Muiati\e capacity at 570 students. In the quoted year of 2021 /2022, the expected enrollment will be 424 students, which is 146 students away from capacity. The forecasted years to 2024/2025 have a similar expectation in enrollments. The Burley Middle School and Monticello High School both have similar enrollment projections and available capacity. Certainly new housing can be expected to produce some number of new students, but since the Southern Feeder district has schools with capacity, this should be seen as a favorable factor when considering the county as a whole. We know the County will grow, and directing that growth (and new students) toward a feeder district that currently has capacity seems far better than if the growth is to occur in the feeder districts that are currently seeing current expansion needs such as Crozet, Brownsville, Balser -Butler, or Red Hill districts, for example. Breezy hill ZN/IA2019-4 Vair tine • • OF APPLICATION FOR A SPECIAL EXCEPTION ❑ Request for a waiver, modification, variation ❑ Variation to a previously approved Planned or substitution permitted by Chapter 18 = $457 Development rezoning application plan or Code of Development = $457 OR ❑ Relief from a condition of approval = $457 Provide the following ❑ 3 copies of a written request specifying the section or sections being requested to be waived, modified, varied or substituted, and any other exhibit documents stating the reasons for the request and addressing the applicable findings of the section authorized to be waived, modified, varied or substituted. Project Name : Provide the following ❑ 3 copies of the existing approved plan illustrating the area where the change is requested or the applicable section(s) or the Code of Development. Provide a graphic representation of the requested change. ❑ 1 copy of a written request specifying the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation. HILL Current Assigned Application Number (SDP, SP or ZMA) ZMA2019-00004 Tax map and parcel(s): 94-1A; 94-5; 94-6; 94-8; 94-8A0; 94-8C; 94-48:94A8A Applicant / Contact Person BREEZY HILL AT KESWICK LLC Address 142 SOUT PANTOPS DR. Daytime Phone# ( Owner of Record Address Daytime Phone# ( PO BOX 40 Fax# ( City CHARLOTTESVILLE State VA Zip 22911 Email CARROLL CREEK PROPERTIES LLC Fax# ( City IVY Email State VA Zip 22945 County of Albemarle Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 0 • APPLICATION FOR A SPECIAL EXCEPTION APPLICATION SIGNATURE PAGE If the person signing the application is someone other than the owner of record, then a signed copy of the "CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER" form must be provided in addition to the signing the application below. (page 3) Owner/Applicant Must Read and Sign By signing this application, I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner of the subject parcel(s) listed in County Records. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application, 1 am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written corm -nun i cation from also being sent via first class mail. Sigr(tu� Agent / Contract Purchaser Charlie Armstrong Agent Print Name FOR OFFICE USE ONLY APPLICATION# 2/29/2020 Date 434.245.0894 Dayti ne phone number of Signatory Fee Amount $ Date Paid By who? Receipt # Ck# By • • APPLICATION FOR A SPECIAL EXCEPTION CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER This form must accompany this zoning application if the application is not signed by the owner of the property. I certify that notice of the application for, Waiver/ModificationNariation associated with ZMA2019-00004 [Name of the application type & if known the assigned application #] was provided to Breezy Hill at Keswick, LLC, et al [Name(s) of the record owners of the parcel] the owner of record of Tax Map and Parcel Number 94-1A; 94-5; 94-8; 94-8; 94-8A0; 94-8C; 94-48; 94-48A by delivering a copy of the application in the manner identified below: on Hand delivery of a copy of the application to Date Mailing a copy of the application to Eric 3/2/2020 Date [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] to the following address 1145 Timber Ln Boulder, CO 80304 [Address; written notice mailed to the owner at the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records satisfies this requirement]. Charlie Armstrong, agent Print Applicant Name Date 2/29/2020. 6? ROUDABUSH, GALE & ASSOCIATES, INC. $ A PROFESSIONAL CORPORATION g p LAND SURVEYING Seruiug Vi;ghlia Since 1956 ENGJNFXJUNG LANDPLANNING LNGINLLRING DLRAR I MLN I SURVLYDEPAR I".MEN'I 172 SOI ill I PAN I UPS DRI V E. SI L. A 914 MONI- ICI -.LLO ROAD JIM L. IAGGARI. P.E. CI IARLO1l1tiVILLE. VA22911 CI IARLn1-I ESVII.LL. V:N 1190, DON LR:WC'O. P.E. PIIONL (43,4)979-812I PIIUM'14J4)977-IP_Ili N9LLIAMI. LLDBIA IER. L.S. FAX 1434)979-IGRI ') „ BRIAN D. JA�MISON. L.S. DAVID M. ROBINSON. P.E. VAX 1434) _ 16-i__0 NICI IOLAS:M. IIt ICI IINSON, L.S. AMMY M. GEORGE. PLA INFOrVIZOUDABl1SI LC OM March 2. 2020 Ms. Megan Nedostup, Principal Planner Albemarle County Community Development 401 McIntire Road North Wing Charlottesville, VA 22902 Re: Special Exception Application for Breezy Hill Dear Ms. Nedostup, Per the allowances made in ZO 14.203.1, I am hereby requesting a waiver of the following: ZO 14.410.H and ZO 14.422, the requirement for curb/cutter, sidewalks and planting strips within the Development Area. Breezy Hill is currently in the rezoning stages of the planning process. The Planning Commission members have voiced the opinion that the Breezy Hill area should be of a more rural character rather than a neo-traditional neighborhood. A rural character roadway is usually comprised of a shoulder and ditch cross-section rather than curb and gutter. This choice of road section allows for a visual transition between the more urban Rivanna Village and the adjacent rural area. The proposed development plan provides for community connectedness through the series of trails. The trails connect the community to the natural area along Carrol Creek and to the multi- use trail that is proposed along Route 250, which will connect to the village center_ The proposed development plan shows that we will still provide street tree plantings that are typical of the streets in Albemarle County. Sincerely, Ammy George, PLA