HomeMy WebLinkAboutZMA200400021 Staff Report 2005-02-01STAFF PERSON: DAVID BENISH
PLANNING COMMISSION: FEBRUARY 1, 2004
BOARD OF SUPERVISORS FEBRUARY 9, 2004
ZMA 04 -21 DELTA KAPPA EPSILON BUILDING EXPANSION:
Applicant's Proposal: Delta Kappa Epsilon fraternity (DKE) plans to expand its existing
fraternity house on the University of Virginia Campus. The land under which the existing
house and the addition is currently unzoned. In order for the fraternity to make the building
addition, the property must be zoned. The applicant has requested R -6 zoning for a boarding
house use, which is by -right in the R -6 residential zone. Proffers have been included to limit
the use to the boarding house use in conformity with the concept plan submitted. (See
Attachments A & B.)
Petition: The petition is a request to rezone 0.22 acres, which is currently unzoned, to R -6
Residential to allow expansion of a boarding house (fraternity house). The property,
described as Tax Map 76A Parcel C5 is located in the Jack Jouett Magisterial District at 173
Culbreth Road behind Campbell Hall at the University of Virginia. The Comprehensive Plan
designates this property as Institutional in Neighborhood 7. Attachment C contains the Tax
Map showing the parcel number for the fraternity house.
Character of the Area: The fraternity house is located on Carr's Hill Road which has other
fraternity and sorority houses. The surrounding property is the University of Virginia.
RECOMMENDATION: Staff has reviewed the proposal and associated proffers for
conformity with the Comprehensive Plan and the Zoning Ordinance and recommends
approval.
Planning and Zoning History: The parcel upon which the DKE house sits is currently not
zoned because of a unique lease situation. DKE owns the house but leases the property from
UVA. The DKE building has a separate County tax parcel which corresponds directly with
the exterior walls of the building. Typically, land under ownership by the university and
used for university - related purposes are exempt from local land use regulations. Because the
building is privately owned, it falls under the jurisdiction of Albemarle County.
Specifics on the Proposal: The building addition is approximately 3700 square feet in two
levels. It consists of five new bedrooms on the second story and a "commons" (large
meeting /social function room) and restrooms on the first story. Attachment A shows the
building addition plans.
By -right Use of the Property: The property is unzoned; however the existing building is
grandfathered. Additions to the building are not possible without the rezoning. University of
Virginia uses, however, are permitted.
Comprehensive Plan and The Neighborhood Model: Requests for rezonings in the
Development Areas are assessed for conformity with the Neighborhood Model and the Land
Use Plan. The Land Use Plan shows this property for Institutional Use. Institutional uses are
described as "public and private schools, universities and colleges, and ancillary facilities
such as the University of Virginia's polo grounds, golf courses, stadiums, and indoor sports
facilities. Also included are public facilities and utilities, including police, fire and rescue
stations, libraries, solid waste facilities, major public water and sewer facilities, and public
recreational and sports facilities. This land use designation also includes undeveloped land
reserved or dedicated to future public use. It may include a mix of commercial and residential
uses, depending on the compatibility with the institutional uses. The scale of the facilities in
the Institutional designation should be in keeping with the design characteristics promoted in
the Neighborhood Model. Of particular importance are the principles of pedestrian access,
interconnected streets and transportation systems, and site planning that respects terrain."
The fraternity use conforms to the intent to have university related facilities in the
Institutional land use designation. Because of the uniqueness of the rezoning, i.e., only a
building is being expanded and the remainder of the site is not considered as part of the
rezoning, no assessment for conformity with the Neighborhood Model is made.
STAFF COMMENT
Relationship between the application and the purpose and intent of the requested
zoning district
According to the Zoning Ordinance, the R -6 zoning district is intended to
Provide for compact, medium - density residential development;
Permit a variety of housing types;
Provides incentives for clustering of development and provision of locational,
environmental and developmental amenities.
R -6 districts may be permitted within community and urban area locations
recommended for medium - density residential use in the comprehensive plan.
Fraternity and sorority houses are considered as boarding houses as defined by the County's
Zoning Ordinance. The uniqueness of the use and housing type is not appropriate to lower
density residential districts. The R -6 district accommodates the medium density residential
aspects of the use and is the lowest density residential district which allows boarding houses
by- right.
Public need and justification for the change -- The applicant has said that the public need
and justification is to provide clean and safe facilities for the DKE fraternity at the University
of Virginia. Staff believes that expansions of housing facilities related to the University of
Virginia are expected as part of the on -going university function in the community and that
the expansion serves a public need. Staff also believes that the fraternity house is
appropriately located on the University of Virginia campus rather than placed in a non -
university neighborhood in the County.
Anticipated impact on public facilities and services
No impact on transportation, water and sewer, or stormwater management is expected with
this rezoning.
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Anticipated impact on natural, cultural, and historic resources —
The County's Historic Preservation Planner has said that the subject parcel is located within
the boundary of the Rugby Road and University Corner Historic District (DHR #104 -133)
and that the Virginia Department of Historic Resources' Historic Resource Data Sharing
System has identified the Delta Kappa Epsilon House (1914) as historic and contributing to
the Rugby Road and University Corner Historic District. She has further said that, due to the
historic significance of the Delta Kappa Epsilon House and its location within the Rugby
Road and University Corner Historic District, modifications to the building should not
detract from the historic structure or conflict with the character of the historic district. The
Historic Preservation Planner has recommended that the plan be reviewed and approved by
DHR to ensure an appropriate design.
The applicant has provided a letter indicating it's the proposed plans will be submitted to the
Department of Historic Resources (DHR) for review. Initial contact with DHR has already
been made by the applicant.
No other impacts on natural or cultural resources are anticipated.
Proffers
The applicant has proffered that the use of the building will be limited to Bordering House
(fraternity) and that the use will be limited to the improvements as shown proposed concept
plan (titled "Delta kappa Epsilon House at the University of Virginia, by McKee Carson,
dated 12/20/04). (See Attachment B.) The proffer has not yet been reviewed by the County
Attorney's office, but does ensure that the use will be limited to the fraternity use shown on
the concept plans.
SUMMARY
Staff has identified the following factors, which are favorable to this rezoning request:
The existing use and the proposed expansion are consistent with the Land Use
recommendations of the Comprehensive Plan.
The applicant has proffered to limit the use to the existing boarding house /fraternity
use.
Staff has not identified any unfavorable factors with this request.
RECOMMENDED ACTION
Staff recommends approval of the ZMA 04 -021, with the attached proffers.
ATTACHMENTS:
Attachment A — Delta Kappa Epsilon House at the University of Virginia Proposed Layout
Plan dated 12/20/04
Attachment B — Proffers dated January 25, 2005 (unsigned)
Attachment C — Tax Map showing property
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