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HomeMy WebLinkAboutZMA200400002 Staff Report 2005-09-23STAFF PERSON: MARGARET DOHERTY PLANNING COMMISSION: JUNE 29, 2004 BOARD OF SUPERVISORS: JULY 14, 2004 ZMA 04 -02 FONTAINE AVENUE TOWNHOMES UPDATED: This staff report has been revised to reflect the most recent proffers. APPLICANT'S PROPOSAL: The applicant and property owner, Weatherhill Homes, proposes rezoning a 12.6 acre parcel, located on Fontaine Avenue, from H -C (Highway Commercial) to PRD (Planned Residential Development) to allow 61 dwelling units (see Locator Map — Attachment A). The applicant has provided a set of proffers (Attachment B) and conceptual elevations (Attachment D). PETITION FOR REZONING: Request to rezone 12.6 acres from Highway Commercial (HC) and Entrance Corridor (EC) to Planned Residential Development (PRD) and Entrance Corridor (EC) to allow 61 dwelling units. The property, described as Tax Map 76 Parcels 12A and 12G are located in the Samuel Miller Magisterial District on the north side of Fontaine Avenue [Route #702] approximately a quarter mile west of the intersection of Fontaine Avenue and Route 29. The Comprehensive Plan designates this property as Neighborhood Service, in Neighborhood 6. EXISTING CONDITIONS: The site is bordered on the west by a large historic estate property, known as Foxhaven, on the north by vacant land owned by the University of Virginia, on the east by the Buckingham Circle subdivision and across the street to the south by the UVA Forestry Department. To the west is Trinity Presbyterian Church, which has a large congregation. To the east is the Fontaine Avenue Research Park, which serves as a major employer in the immediate area. The site is also within close proximity to two major highways, Route 29 and I -64. SUBDIVISION AND ZONING HISTORY: SP- 1996 -32 approved fill in the floodplain for the construction of the pond. This approval required Engineering Department approval of a wetlands mitigation plan. BY -RIGHT USE OF THE PROPERTIES: The property is currently zoned Highway - Commercial, which permits numerous high intensity commercial uses, such as: grocery stores, gas stations, hotels, car sales, and a large number of service type uses. It also allows uses permitted in R -15 by Special Use Permit. APPLICANT'S JUSTIFICATION FOR THE REQUEST: The applicant has stated a desire develop the property in conformity with surrounding residential uses, rather than propose a use allowed under Highway - Commercial zoning. The applicant proposes high density residential with an extensive green area and water feature. The dwelling units are designed to meet a wide market, with a mix of large expensive townhomes, medium - sized townhomes, a few affordable townhomes and garden -level accessory apartments for rental opportunities. The proffers include an agreement to offer 9 of the units (15 %) to be marketed by the County to homebuyers making less than 80% of the average medium income for our area. RECOMMENDATION Staff recommends approval of the rezoning (ZMA 04 -2) with the attached proffers. CONFORMITY WITH THE COMPREHENSIVE PLAN: This section assesses the ability of ZMA 04 -02 to meet the goals set forth in the Comprehensive Plan's Land Use Plan, Neighborhood Model Principles, Community Facilities Plan, and Open Space Plan. Conformity with the Land Use Plan The Land Use Plan shows this area as Neighborhood Service, which should: include uses such as neighborhood -scale commercial; specialty shops; professional and office uses providing retail, wholesale, and/or business within a Community. This scale of commercial is the type anticipated within a planned development approach; include urban density residential uses as a secondary use; require a small site size (1 -5 acres), collector road accessibility, water and sewer availability, and compatibility with adjacent land uses. When the Neighborhood Service designation was put on the Land Use Plan, it was in recognition of the commercial uses and buildings already on the site and on nearby properties. This proposal does not include any neighborhood -scale commercial uses; however, the density of the proposed project is consistent with the Urban Density classification. There are two other commercial buildings nearby as well as the offices of the Virginia Department of Forestry. Use of this site in a residential capacity will remove a significant portion of the Neighborhood Service area from future retail and service use. Conformity with the Comprehensive Plan Is recommendations for Neighborhood 6 The specific recommendations for this site are as follows: Development plans along Route 250 West and Fontaine Avenue are to be sensitive to their status as Entrance Corridor roadways; Limit the Neighborhood Service designation on Fontaine Avenue west of the Bypass to existing zoned land; and Provide pedestrian connections from the residential areas in the Neighborhood to the Fontaine Avenue Research Park. Conformity with the Neighborhood Model Below staff assesses the ability of ZMA 04 -02 to meet the twelve principles of the Neighborhood Model. Pedestrian Orientation The plan includes sidewalks throughout the development, through the park area, along Fontaine Avenue, connecting to a potential future greenway and across Fontaine Avenue. Neighborhood The plan includes a private street through the middle of the development, Friendly Streets and which has sidewalks and street -trees on both sides. Paths Interconnected Staff has determined that this is not the best location for interconnection Streets and and that it will be very difficult to develop the project with public roads, Transportation which are the only kind of roads which may provide interconnections. The Networks proposed street running north/south could be extended if conditions warrant a connection in the future. The plan shows a construction and access easement for the benefit of the property to the north for this potential connection. 2 Parks and Open More than half the site remains undeveloped with this proposal. The plan Space provides a small formal garden/park a large pond/wetland amenity with a bike /pedestrian pathway crossing the dam and providing access to a playfield and beyond. Neighborhood This site has easy access to Route 29 and I -64, therefore convenient Centers vehicular access to multiple neighborhood centers exists. Additionally, the Fontaine Ave. /JPA area of shops provides a convenient neighborhood center. Buildings and Spaces The building elevations and site plan with small private yards and large of Human Scale public spaces creates places of human scale. Relegated Parking The only ability to relegate parking on this site is to hide it in garages, after many attempts with previous applications, staff believes it is nearly impossible to relegate the parking, given the size and shape of the buildable area on the site and the type of townhomes with garages proposed. Mixture of Uses The project provides only one type of use, residential, however a church and a large employer are within close proximity. Mixture of Housing The project meets the County's goal for 15% of the total units meeting an Types and affordable price- range. The applicant has proffered 9 affordable units. Affordability They are located throughout the project as shown on the application plan (3 townhomes in the northwest corner and 6 garden level condominiums). Redevelopment None of the existing structures have been found to have any historic value and are proposed to be demolished. This project is a good infill example where existing roads and utilities are utilized and/or updated to serve the site. Site Planning that The project strives for the greatest density within the constraints of the Respects Terrain wetlands and riparian buffer, which take up most of the site. The Engineering Department is reviewing a mitigation plan which they believe results in a site plan that respects terrain to the greatest extent possible. Resulting slopes will have to be graded to 3:1 or will require slope stabilizing vegetation. Clear Boundaries Not Applicable. with the Rural Areas Conformity with the Open Space and Natural Resources Plan The Open Space Plan shows a Major and Locally Important Stream Valley and Adjacent Critical Slope around Morey Creek, and identifies Morey Creek as a perennial stream with non -tidal wetlands, wooded areas and floodplain. The wetlands associated with Morey Creek have been significantly altered in this location, but remain in a relatively natural state upstream. The Open Space Plan states, "When wetlands are to be disturbed on a development site, require the developer to provide evidence of compliance with State and Federal wetlands regulations prior to County approvals." Most of this work was completed when the wetlands were recreated with a pond mitigation plan. The proposed plan protects these areas to the greatest extent possible. Conformity with the Entrance Corridor guidelines A portion of the site is within the old right of way for Route 29, which is an Entrance Corridor District. Development in this area will require ARB review, however, development will likely be limited to a bike /pedestrian pathway and landscaping. ANALYSIS OF THE REZONING REQUEST Relationship between the application and the purpose and intent of the requested zoning district The applicant is requesting a rezoning PRD (Planned Residential Development). The intent statement in Section 19 of the Zoning Ordinance for PRD district is as follows: The PRD is intended to encourage sensitivity toward the natural characteristics of the site and toward impact on the surrounding area in land development. More specifically, the PRD is intended to promote economical and efficient land use, an improved level of amenities, appropriate and harmonious physical development, and creative design consistent with the best interest of the county and the area in which it is located. In general, this proposal is in keeping with the intent statement. The proposal protects a large area of wetlands, while utilizing the land to its most efficient use. The pond area and pathways provide amenities which are harmonious with the site. Anticipated impact on public facilities and services ROADS VDOT is requiring a right -turn and taper into the site, as shown on the Application Plan. WATER AND SEWER An existing 10" diameter water main is located at the southernmost corner of the property. This line is extremely old (100 years plus) and can only provide a fire flow of approximately 1000 gpm at that point. A more viable section of the water main is located approximately 1200 feet to the east. The applicant is proposing to extend this water main to get the required fire flow to this site. A 24" sewer main owned by RWSA is located on site. There is sufficient capacity in this sewer main for the proposed development. STORMWA TER MANAGEMENT Staff has reviewed the applicant's conceptual stormwater management plan and has determined it to be feasible from a conceptual standpoint. SCHOOLS Impacts to the school from the proposed 55 additional townhouse dwelling units will be minimal. FISCAL IMPACT A fiscal impact analysis has been performed for the project (Attachment Q. The applicant asked staff to consider new assumptions when running the model, therefore, three scenarios are provided: 1) current zoning; 2) proposed rezoning given standard assumptions; and 3) proposed rezoning given developer - supplied assumptions. The fiscal impact given our standard assumptions is $162,000 /year, the fiscal impact given the developer - supplied assumptions is $22,000 /year. The applicant has proffered a donation of $52,000 towards the County's Capital Improvement Program. Some of the projects identified in the CIP summary for this area include and urban gym, a Southern Urban Area park, a southern urban area library, a western fire station and sidewalk improvements. The plan includes a sidewalk along the frontage of this parcel El connecting to the sidewalk on the south side of Fontaine Avenue, which was constructed from the Route 29 off -ramp to Fontaine Research Park. Anticipated impact on cultural and historic resources The existing buildings have been found to have no historic significance. Anticipated impact on nearby and surrounding properties The greatest impact on surrounding properties is increased traffic. Traffic from Route 29 South often suffers long wait times making the left turn onto Fontaine Avenue which has forced U- turns on Buckingham Circle. The traffic generated by this new development will mix with, but will not exacerbate this unfortunate situation. Public need and justification for the change This plan provides for a quality infill project that is in line with the County's growth management policies and addresses most of the Neighborhood Model principles. Private Roads The project includes private roads, which if the applicant wishes to sell the townhouses as individual units, will have to be approved by the Planning Commission under Section 14 -232, subsection A (1 & 4). A private road waiver request can only be processed with a subdivision plat, which has not been submitted. However, staff has reviewed the rezoning application with the knowledge that private roads will be necessary to support this rezoning. Staff will support an eventual private road request if it is accompanied with a plat that is in general accord with the rezoning and County private street requirements. SUMMARY Staff has identified the following factors, which are favorable to this rezoning request: 1. The proposal meets all applicable principles of the Neighborhood Model Principles; 2. The project provides for the affordable housing target of 15% of the total # of units; and 3. The proposal ensures building massing and architecture that will create a human -scale development. Staff has not identified any factors, which are unfavorable to this request: RECOMMENDED ACTION Staff recommends approval of the rezoning (ZMA 04 -02) with the attached proffers. --------------- -- ATTACHMENTS: A. — Locator Maps B. — Proffers C. — Fiscal Impact Statement D. — ZMA 04 -02 Application Plan and Building Elevations Original Proffer 6/22/2004 Amended Proffer (Amendment # ) PROFFER FORM DATE OF PROFFER SIGNATURE: 7.14.04 ZMA # 2004 -02 Tax Map 76 and Parcel Numbers 12A and 12G 12.606 Acres to be rezoned from R -1 (Residential) to PRD (Planned Residential Development Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned with the offered plans approved for development. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. (1) No building permit shall be issued unless and until the Director of Community Development, or his assigns, determines that the dwelling unit fagades are in general accord with the building elevations provided on plans entitled "Fontaine Townhomes Concept Elevation" by Weather Hill Development, LLC and Bosserman, dated April 28, 2004. The fagades shall be determined to be in general accord if they include architectural features that break up the massing of the building, such as porches, porticos, balconies, variation in building materials, and gables which break up the rooflines. (2) The owner shall contribute $156,000 cash to the County's capital improvement program prior to or at the time of the first building permit for any dwelling unit within the development. If this cash contribution has not been exhausted by the County for the stated purpose within ten (10) years from the date of the contribution, all unexpended funds shall be refunded to the owner. (3) Prior to final site plan approval, the owner shall dedicate right -of -way to the County for the purpose of constructing a greenway trail connecting Fontaine Avenue and TM 76, Parcel 12D, as indicated and noted on the Application Plan. (4) The owner will provide for nine units of affordable housing as identified on the application plan, or interspersed throughout the development. The owner shall convey the responsibility of constructing the affordable units to any subsequent purchaser of the subject property. The current owner or subsequent owner shall create units affordable to households with incomes less than 80% of the area median income. All purchasers of these units shall be approved by the Albemarle County Office of Housing or its designee. The owner/builder shall provide the County or its designee a period of 90 days to identify and pre - qualify an eligible purchaser for the affordable units. The 90 -day period shall commence upon written notice from the owner that the units will be available for sale. This notice shall not be given more than 60 days prior to anticipated receipt of the certificate of occupancy. If the County or its designee does not provide a qualified purchaser during this period, the owner shall have the right to sell the unit(s) without any restriction on sales price or income of purchaser. 2 Vito Cetta July 14, 2004 SIGNATURES OF ALL OWNERS PRINTED NAMES OF ALL OWNERS DATE OR Signature of Attorney -in -Fact Printed Name of Attorney -in -Fact COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ZMA 04 -02 Fontaine Avenue Townhomes September 14, 2005 SUBJECT /PROPOSAL /REQUEST: Request to rezone 12.606 acres from Highway Commercial (HC) to Planned Residential Development (PRD) to allow 61 dwelling units. The property, described as Tax Map 76 Parcels 12A and 12G are located in the Samuel Miller Magisterial District on the north side of Fontaine Avenue [Route #7021 approximately .25 miles west of the intersection of Fontaine Avenue and Route 29. The Comprehensive Plan designates this property as Neighborhood Service, in Neighborhood 6. STAFF CONTACT(S): Echols, Cilimberg ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: YES BACKGROUND: The request is for a 61 unit townhouse development located on Fontaine Avenue near the Route 250 bypass. Attachment A shows the current application plan. On June 29, 2004, the Planning Commission reviewed this rezoning request and recommended approval subject to the proffers and an additional condition. The condition was stated as follows: The pedestrian connection must be approved by the Planning Commission prior to approval of the final site plan. If a pedestrian connection is not provided along Fontaine Avenue, the applicant must justify why the connection must be located where it is proposed. The original Board of Supervisors' public hearing date was set for July 14, 2004. In early July 2004, the applicant requested deferral because the property had become part of a bankruptcy proceeding. The applicant kept in touch with staff monthly and requested a number of deferrals, pending the outcome of the bankruptcy. The bankruptcy proceedings were completed in May and the property was sold to the applicant in June 2005. The applicant has now asked that the public hearing be held by the Board of Supervisors. DISCUSSION: The primary issue of concern to the Planning Commission was the location of a pedestrian path and bridge over a stream and a wetland. Another concern raised by Commissioners, but not included in the action, related to the need for a true pedestrian link from the development to the Fontaine Research Park. For the pedestrian path over the stream, Engineering staff had been concerned that a new standalone bridge closer to the street would result in environmental degradation of the stream. VDOT would not approve a new pedestrian bridge connected to the existing bridge Engineering staff recommended to the applicant that pedestrian access take place across a bridge over a dam near the pond. The plan shown to the Planning Commission reflected the staff recommendation. The Commission disagreed with the staff recommendation because the proposed bridge was fairly far removed from the street and the Commission was concerned that pedestrians would not use the path. Staff began discussing with the applicant possible solutions to the problem of pedestrian access over the stream as well as the need for a true pedestrian connection to Fontaine Research Park in July of 2004. Over the last year, staff, the applicant, and VDOT met a number of times and found the solution to both issues, which is shown in Attachment B. The applicant's current proposal, which staff endorses, is to construct a span bridge across the creek and install an asphalt path and striping under the overpass in the r.o.w. This path would extend to the signal at the intersection of Fontaine and the Research Park. The span bridge addresses concerns for both location and stream preservation and is endorsed by staff. The pedestrian path will be a five -foot wide asphalt path, the design and location of which is recommended and approvable by VDOT. An additional recommendation for right -angle crossings at the ramps has been made by the Executive Director of the Planning District Commission. Staff agrees with this recommendation. Since final plans for the path will be developed in conjunction with the site plan, VDOT can consider a County staff recommendation for right -angle crossings at that time. Proffers are included in Attachment C. These proffers are different than the proffers reviewed by the Planning Commission in two ways. The first difference relates to the offer of $1000 per unit for capital improvements. This proffer has now been replaced by the proffer to construct the pedestrian path from the development to the Fontaine Research Park shown in Attachment B. The path represents an off -site proffer which is more expensive than the $1000 /unit originally proffered for a total of $58,000. The applicant estimates the cost of the off -site path to be $105,000 as a result of replacement of a culvert, installation of the asphalt, striping and construction of several short retaining walls. The second difference relates to the offer of three for -sale units of affordable housing. With the addition of the span bridge and pedestrian path to the development costs, the applicant has made the case that the costs of development are such that he could not recover enough to be able to reasonably provide three for -sale units. Instead, he is providing $60,000 ($20,000 per unit) to the County for affordable housing. The applicant is still providing six "accessory- type" units in the townhouses (duplexes). The County's Housing Director believes that the proffers for affordable housing are appropriate. RECOMMENDATIONS: Staff recommends approval of the rezoning with proffers. ATTACHMENTS: ATTACHMENT A: Fontaine Townhomes Application Plan dated September 6, 2005 ATTACHMENT B: Fontaine Park Pathway and Wall Exhibit dated September 6, 2005 ATTACHMENT C: Proffers dated September 6, 2005