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Home My WebLink AboutZMA200600001 Action Letter Zoning Map Amendment 2006-07-11pF AL� ti �IRGltst�' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 July 25, 2006 Frank Stoner Stonehaus 1412 Sachem Place, Suite 301 Charlottesville, VA 22901 RE: ZMA 2006-001 Westhall — Phase V (Signs #49,59,64) TM 56H Parcel A (portion) Dear Mr. Stoner: The Albemarle County Planning Commission, at its meeting on July 11, 2006, unanimously recommended denial of the above -noted petition to the Board of Supervisors, because it did not meet the 15 percent affordable housing goal of the County, and because further consideration needs to be given for the cash contributions for the transportation. Additionally, the Commission denied the following waiver requests: 1. Section 14-422 of the Subdivision Ordinance for sidewalks on the private street. 2. Section 14-422 of the Subdivision Ordinance to substitute an asphalt path as shown on the application plan in the northern part of the site for sidewalks on both sides of the east -west street at the northern part of the site. 3. Section 14-422 of the Subdivision Ordinance for planting strips with the condition that for location (b) described in this report, at least three feet of separation between the back of the curb and the path shall be provided. The Commission also recommended disapproval of the following waiver request: 4. Sections 4.6.2 and 4.6.3.b. of the Zoning Ordinance to allow the setbacks shown on the application plan to be used, rather than using the zoning ordinance's standard of measurement for front and rear yards. The Commission also denied your request to disturb open space in conjunction with Section 4.7.2 of the Zoning Ordinance as shown on the application plan. The Commission denied approval of the waivers because it did not recommend approval of the rezoning. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on August 2, 2006. Stoner Page 2 of 2 July 25, 2006 If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincerely, Elaine K. Echols Principal Planner — Development Areas Planning Division Cc: Shiflett Farm LLC 1412 Sachem PI, Charlottesville VA 22901 Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDATITLE: ZMA 06-01 Westhall Phase V SU BJ ECT/PROPOSAL/REQU EST: Request to rezone 8.9 acres of Tax Map 56H Parcel A from R1 and R6 to PRD with proffers and waivers. STAFF CONTACT(S): Cilimberg, Echols LEGAL REVIEW: NO AGENDA DATE: August 2, 2006 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: YES BACKGROUND: On July 11, 2006, the Planning Commission held a public hearing on the Westhall Phase V rezoning. The Planning Commission recommended denial of the rezoning because it does not meet the 15 percent affordable housing goal of the County and because further consideration needs to be given for the cash contributions for the transportation. The Planning Commission recommended disapproval of the requested waivers because the Commission could not recommend approval of the rezoning. The applicant had proffered to provide affordable housing for up to 100% of the median household income rather than 80% of the median household income. The applicant said he believed that the single-family detached component justified his proposal for housing up to 100% of the median household income. The Commission said the proffer was not in keeping with the County's adopted affordable housing policy and could not support the proffer, even with the provision of single-family detached units. In addition, the Commission was concerned that the cash proffer for Eastern Avenue at $45,000 was not sufficient to off -set the impacts of the development. Exhibit A contains the action memo of the Commission. Exhibit B is the staff report reviewed by the Planning Commission with the previous plan and proffers. DISCUSSION: Since the Planning Commission meeting, the applicant has modified his proffers to meet the County's affordable housing policy at 80% of the median household income with the single family units and has increased his proffers from $1500 per market rate unit for Eastern Avenue to $3000 per market rate unit for Eastern Avenue. The contribution for Eastern Avenue is now $90,000, rather than $45,000. The proffer value is now approximately $4800 per market rate unit, up from $3300 per market rate unit. With these two changes, staff believes the Planning Commission's concerns for housing and a larger contribution towards transportation improvements have been addressed. Exhibit C contains the updated proffers and Exhibit D is the Application Plan. Regarding the waivers, the Board of Supervisors may act on the waiver to the Zoning Ordinance for setbacks. Approval of a private street to serve the affordable dwellings and waivers for sidewalks and planting strips in two locations requires a future action by the Commission. RECOMMENDATIONS: Staff recommends approval of ZMA 06-01 with the current proffers (Exhibit C) and the amended application plan (Exhibit D). Staff recommends approval of a waiver to Sections 4.6.2 and 4.6.3.b. of the Zoning Ordinance to allow for the application of setbacks for the affordable dwelling units to be as shown on the application plan. ATTACHMENTS: EXHIBIT A: Planning Commission Action Memo for July 11, 2006 EXHIBIT B: Staff Report dated July 11, 2006 EXHIBIT C: Signed proffers dated July 24, 2006 EXHIBIT D: Application Plan dated July 13, 2006 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA 06-01 Westhall Phase V SUBJECT/PROPOSAL/REQUEST: Request to rezone 8.9 acres of Tax Map 56H Parcel A from R1 and R6 to PRD with proffers and waivers. STAFF CONTACT(S): Cilimberg, Echols LEGAL REVIEW: NO AGENDA DATE: September 13, 2006 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: YES BACKGROUND: On August 2, 2006, the Board of Supervisors held a public hearing on the Westhall Phase V rezoning. This rezoning had been recommended for approval by staff because the applicant had addressed the Planning Commission's concerns expressed at their July 11, 2006 public hearing. The Commission had recommended denial because the applicant had proffered to provide affordable housing for up to 100% of the median household income rather than limiting it to 80% of the median household income. In addition, the Commission believed that a total cash proffer of $45,000 for Eastern Avenue was not sufficient to off -set the impacts of the development. The proffers for the August 2 public hearing reflected a change to provide affordable housing up to 80% of the median household income and a doubling of the contribution towards Eastern Avenue to a total of $90,000. At the meeting, several Board members expressed satisfaction with the affordable housing proffer change, but most Board members did not believe that the cash proffers were sufficient to mitigate public infrastructure impacts including off-site impacts for the transportation system. The Board voted to defer action on the rezoning pending additional information regarding timing for the construction of Eastern Avenue. DISCUSSION: Since the August 2 Board meeting, the applicant has modified the proffers related to timing of the contributions for capital improvements. For Eastern Avenue, the owner proffers to provide $45,000 prior to issuance of the first building permit and $3000 per unit for the 2nd through 16th building permits. For other capital improvements, the applicant proffers $15,000 prior to the issuance of the first building permit and $1,000 per unit for the 2nd through 16th building permits. While the amount of money has not changed, the timing has changed to allow for half of the capital improvements contribution to be paid up front. The early contribution makes the cash available for County use in advance of half of the units being built. The value of the early contribution is that it provides the County with cash earlier for the implementation of its capital improvements program. As design/preliminary engineering for Eastern Avenue has not yet been selected for funding, $5,000 may enable this process to begin earlier. Providing $15,000 towards other capital improvements earlier in the process may be beneficial if a currently funded capital improvements project requires additional cash. RECOMMENDATIONS: Staff recommended approval of the rezoning on August 2, 1006, when the Planning Commission's concerns were satisfied. The Board will need to determine whether this change in the timing of the cash proffer is sufficient to satisfy concerns related to infrastructure and the pace of growth in Crozet. If the Board is satisfied that the proffers adequately satisfy these impacts, staff recommends approval of ZMA 06-01 with the current proffers (Illustration A) and the amended application plan (Illustration B). Staff recommends approval of a waiver to Sections 4.6.2 and 4.6.3.b. of the Zoning Ordinance to allow for the application of setbacks for the affordable dwelling units to be as shown on the application plan. ILLUSTRATIONS: ILLUSTRATION A: Signed proffers dated August 23, 2006, 2006 ILLUSTRATION B: Application Plan dated July 13, 2006