HomeMy WebLinkAboutZMA202100001 Narrative 2021-01-19REZONING NARRATIVE
ZMA-2006-00019
BACKGROUND
Dickerson Ridge, LLC (the "Applicant"), requests approval of an amendment to ZMA 2006-
00019, approved for the Willow Glen project on October 10, 2007 (the "Project'). The Project is
zoned Planned Residential Development (PRD). This amendment Application affects only
Phase 2 of the Project comprising the following parcels (collectively, the "Property"):
32-49F
3.63 acres
32-491
4.57 acres
32-49J
11.07 acres
Total:
19.27 acres (approximately), excluding Phase 1
This Application does not include Willow Glen Phase 1, which has already been developed
pursuant to the original rezoning. Phase 1 was developed from parcels that were subdivided
from what was previously identified as Tax Map Parcel 32-49K.
The Property is located along the east side of Dickerson Road (State Route 606) across from
the eastern boundary of the Charlottesville -Albemarle Airport. Phase 1 is located just north of
Towncenter Boulevard. To the northeast is the fully developed Deerwood residential
neighborhood. To the east is the fully developed Abington Place townhome community (part of
the Hollymead Towncenter development); and to the south, is an undeveloped 11 acres zoned
R-15 (Tax Map parcels 32-56 and 32-56A). Willow Glen Phase 1 is accessed from Towncenter
Boulevard while the residue portions of the project (the Property) will have access from
Dickerson Road.
In 2007 the Board of Supervisors approved a Comprehensive Plan Amendment to designate the
Project Property as Urban Density Residential (CPA-2006-00003, the "2006 CPA"). This
designation allows between 6.01-34 dwelling units per acre ("DUA"). At the same meeting the
Board of Supervisors also approved a rezoning application to rezone the Project property from
Light Industrial to Planned Residential Development (ZMA 2006-00019, the "2006 ZMA") to
permit a maximum of 234 residential dwelling units, which is a gross density of 9.88 DUA. Final
site plans were approved in October of 2008, and construction of Phase 1 began shortly
thereafter. All thirty-six (36) Phase 1 lots have been developed and sold, including six (6)
affordable units.
A Special Exception was granted in January 2019 to allow several different variations to the
approved rezoning Application Plan by the Board of Supervisors. This addressed modifications
to existing setbacks, the removal of double -front lots, adjustments to the private road layout,
interparcel connections and phasing. Other changes included slight adjustments to both the lot
layout and unit types.
Since then, the Applicant was forced to withdraw the site plan application for Phase 2 because
the Phase 2 sitework was coming in substantially over budget, and the approved proffers would
have made Phase 2 financially untenable. The developers have already paid approximately
$500,000 in cash proffers in Phase 1 with a resulting net loss to the Applicant of approximately
$325,000 for the first 36 homes.
Despite the financial setback from Phase 1 development, the residents of Phase 1 have been
very happy with the development and continue to be supportive and excited for the completion
of any future phases of Willow Glen. Throughout all of this, the Applicant has continued to work
with the Phase 1 owners to design and build a temporary playground to provide an amenity until
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the remainder of the community and its associated amenities could be completed. The Applicant
has also organized a representative group of Phase 1 residents so that they can easily
communicate and address any concerns in a timely fashion.
The Applicant now proposes to amend the 2006 ZMA to modify the Application Plan for Phase
2, including modification of the residential unit types and density within Phase 2.
PROJECT PROPOSAL
The Applicant proposes to amend the approved Application Plan from the 2006 ZMA to permit a
different development plan for Phase 2. Please see the attached Willow Glen Rezoning
Amendment Application, prepared by Edwards designStudio, dated January 19, 2021. As
shown on the Application Plan (Sheet Z4), the amendment contemplates approximately 308
multi -family apartments, which would equate to an average gross density of approximately
15.98 DUA in Phase 2. Phase 1 has a density of 8.16 DUA. Phases 1 and 2 together would
have an overall average gross density of approximately 14.53 DUA. The proposed density is
well within the density limits contemplated by the Comprehensive Plan. To provide flexibility and
foreclose the necessity of a potential future density increase request, the Applicant is proposing
a maximum gross density of 15.20 DUA (360 units) for the entire Project, which would allow up
to 324 units (16.81 DUA) in Phase 2 in addition to the existing 36 in Phase 1.
The primary reason for this rezoning request is in direct response to market changes and an
attempt by the Applicant to successfully adapt the Willow Glen community to these changes.
Furthermore, these changes will continue to help reduce development pressures on the Rural
Areas by locating these residential uses and density within the Development Area that is
specifically designated for urban density residential development.
As the Concept Plan (Sheet Z5) illustrates, the multi -family buildings would replace the mixed -
type residential development approved with the 2006 ZMA. As a result, private/public roads
become travelways; open space is allocated differently; setbacks will adjust; and interparcel
connections will be modified to accommodate for both environmental, accessibility and financial
related issues.
The proposed plan would result in far less impact on the streams that run along the northern
and southern boundaries of the Property than if the Project were developed in accordance with
the approved plan from the 2006 ZMA. The Applicant consulted with the U.S. Army Corp of
Engineers (USACE) and Department of Environmental Quality (DEQ) representatives to
develop a plan for minimal stream disturbance and has obtained the necessary USACE permit
for installation of a maximum of 300 feet of underground piping. Specifically, the stream
mitigation plan consists of the installation of a culvert under the parking lot and travelway
approaching buildings 9 and 10, which allows the Project to use the space above the
streambed, providing reasonable use to the Property, while also respecting other County
minimum requirements associated with any development (i.e. parking and circulation). By letter
dated October 29, 2020, the USACE confirmed that the work plan set out in the Applicant's
permit application satisfies the criteria contained in the Corps Nationwide Permits (18) and
related Federal regulations and that, provided the Nationwide Permit General Conditions are
met, an individual Department of the Army Permit will not be required. Further, DEQ has
provided a Water Quality Certification for said permit.
As part of the Applicant's effort to minimize stream impacts, another proposed change on the
plan from the 2006 ZMA Approved Application Plan is the elimination of the vehicular
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connection to Phase 1 and any future connection to the north. This change will consolidate all
stream impacts to the installation of the culvert under northern branch of the stream and
eliminates all impacts to the southern branch of the stream. While the loss of the vehicular
connection between the phases is unfortunate, a vehicular connection would result in significant
impacts to the southern branch of the stream.
Phase 1 residents do not oppose the multi -family design, but they have expressed concerns
and opposition towards vehicular traffic connection from Phase 2 via Shannon Glen Court.
Simply put, their children's safety is paramount to them. When considering the additional daily
traffic from the Phase 2 residents, coupled with any "cut -through" traffic from Dickerson Road,
the unnecessary safety risk to their children and neighborhood don't seem to justify saving two
minutes of commute time.
Phase 1 residents do want some form of connectivity to Phase 2. Therefore, instead of
providing a vehicular connection, the Applicant proposes to maintain a pedestrian/bicycle
connection between Phases 1 and 2 via a bridge. A pedestrian/bicycle connection between the
two Phases, allowing the Phase 1 residents to use the trails, pool, clubhouses, and other
amenities of Phase 2, will provide a sense of community within the Project.
Lastly, as mentioned before, the Applicant has recently received a commitment from a buyer to
develop and complete the Willow Glen community. An amendment to the approved 2006 ZMA
plan is necessary to accommodate the contract purchaser's new development plan.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The Property is located on the western edge of the Community of Hollymead within the Northern
Development Area, abutting Dickerson Road.
The Property is designated as
Urban Density Residential
(UDR) on the Land Use Map
of the Comprehensive Plan.
Primary uses within UDR
areas are residential of all
housing types. The Urban
Density Residential
designation "is used in areas
around Centers where
multifamily housing with a
gross density range between
6.01 and 34 units per acre is
desired." (See Master Plan,
Ch. 4, "Land Use
Designations"). The Project
proposes maximum gross density of 15.20 DUA. Based on anticipated unit count of 308 in
Phase 1, Phases 1 and 2 together would have an overall average density of approximately
14.53 DUA. The proposed density fits squarely within the density limits contemplated by the
Comprehensive Plan. As further detailed in the "Primary and Secondary Uses" section of
Chapter 4, residential buildings should not be taller than four (4) stories or 45 feet unless by
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exception. All buildings are proposed as three- or four-story buildings no greater than 45' tall;
the rear of certain buildings (6, 7, and 11) will likely be four stories to conform to topography.
IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE
The proposed project's impacts on public facilities and public infrastructure can be viewed with
different opinions. Currently, the project has contributed over $508,300 in cash proffers and six
(6) affordable units in Phase 1.
In addition, the Applicant has invested $10,000 towards helping the Albemarle County Service
Authority analyze and improve certain systems in the surrounding area; and are committed to
helping them make further upgrades to offset future cost associated with certain capital
improvements. With the proposed apartment design, our demand for service "tap" connections
will be fewer and have less impact on the Service Authority's ability to serve the community in
this area than with our initial 234 units.
Stormwater continues to be managed on -site rather than being released downstream and
managed by others. Similarly, both the existing water and sewer collection systems continue to
be sufficient to handle the proposed changes comparatively with the previously approved plans.
Schools: Students living in the Project would be within the current school districts for Hollymead
Elementary School, Sutherland Middle School, and Albemarle High School. Based on the
November 11, 2019 Albemarle County Schools Capacity vs. Enrollment Projections', both
Hollymead and Sutherland are under capacity, while Albemarle High School is over capacity.
Based on the County's calculator, the change in dwelling unit type mix should produce an
increase of 11 school children (with no accounting for unit size) from the Project overall.
The County Schools provided the following matrix for estimating student counts for the Project,
as proposed:
OFFICIAL CALCULATOR
Type of Dwelling Unit
SFD (14)
Town Home (22)
Elementary
Middle
0.15(2)
0.08 (1)
0.15(2)
0.06 (1)
High Total
0.12(2) 5 (Phase 1)
0.08(2) 6 (Phase 1)
Multi -Family (308) 0.12 (37) 0.03 (9) 0.05 (15) 61 (Phase 2)
Totals 42 11 19 72 Project
Based on the Capacity vs. Enrollment Projections for the next ten (10) years, Hollymead and
Sutherland are projected to remain under capacity, while AHS will remain over capacity. In the
2019-20 school year, Hollymead was under capacity by 52 students and Sutherland by 60
students. Further projections are as follows:
' Albemarle County Public Schools K-12 Enrollment Projections FY2020121 to FT 2029/30, dated November 2019;
Capacity vs. Enrollment Projections, dated November 19, 2019.
z Provided by Rosalyn Schmitt, Chief Operating Officer, Albemarle County Public Schools, on September 25, 2018.
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School
K - 1 2
Capacity
2020
-21
2021
-22
2022
-23
2023
-24
2024
-25
2025
-26
2026
-27
2027
-28
2028
-29
2029
-30
Holl mead
418
412
415
418
425
426
430
431
426
426
427
Sutherland
653
606
599
597
594
618
636
633
652
657
658
Albemarle
1,775
1928
1943
1972
2097
2116
2122
2169
2134
2164
2168
The current zoning permits 234 dwelling units with the following unit mix:
SFD 22
SFA (duplex) 12
Town Home 106
Multi -family (condominium) 94
234
The Official Calculator anticipates the following numbers of school children from the current
approved unit mix:
Type of Dwelling Unit
Elementary
Middle
High Total
SFD (22)
0.15(3)
0.08(2)
0.12(3) 8
SFA (12)
0.13(2)
0.05(1)
0.08 (1) 4
Town Home (106)
0.15 (16)
0.05(1)
0.08(8) 30
Multi -Family (94) 0.12 (11) 0.03(3) 0.05(5) 19
Totals: 234 32
12 17
61
Thus, the difference in Project numbers is 11 children, representing an increase of 10
elementary students, decrease of 1 middle school student, and increase of 2 high school
students.
While the amendment to the Project may have some impact on school capacity, County Staff
has noted in a recent Staff Report for another development that the "dedication of land for two
new elementary schools are proffered commitments of other large developments in the
Places29 Development Area. This includes a 7-acre site within Brookhill and a 12.85-acre site
within North Pointe. The Brookhill development also has a proffer requiring dedication of an
approximately 60-acre site along Berkmar Drive that could be used for a comprehensive public
high school." Staff Report for ZMA 2018-00018 and SP 2018-0023, Rivers Edge, Planning
Commission Hearing (March 10, 2020).
The Albemarle County Public Schools Long Range Planning Advisory Committee
Recommendations, July 11, 2019 (the 'Report") states that the new elementary school proffered
as part of the Brookhill rezoning at the intersection of 29N and Polo Grounds Road is at an
optimal location for growth along the 29 corridor. The Report states that this "growth will be
monitored, and if capacity becomes an issue at Hollymead or other schools in the area this
project should be evaluated in more detail."
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The Report states that the middle schools have combined adequate capacity and that the
school division "has embarked upon a 'center' based strategy to address capacity issues at its
three comprehensive high schools, in particular Albemarle High School."
IMPACTS ON ENVIRONMENTAL FEATURE
As amended, the Project would have fewer impacts on environmental resources than the 2006
ZMA. The new plan makes a stronger effort to respect the streams by limiting activities
associated with the uses adjacent to them. In addition, the plan attempts to pull any necessary
grading away from the top of banks whenever possible. The revised plan eliminates a stream
crossing, which lessens environment impacts and remains consistent with USACE/DEQ impact
approvals to ensure that this project is both successful and marketable.
PROFFERS
This proposed Amendment would eliminate the proffers associated with the 2006 ZMA — (1)
affordable housing, (2) cash proffers, and (3) Connection to Town Center Drive.
1. With a redesign to 100% multi -family housing in Phase 2, the Project becomes more
affordable as a whole since multi -family rental housing is an affordable option compared
to homeownership.
2. The proffer statement approved with the 2006 ZMA did not require cash proffers for
multi -family units. The original 2006 ZMA application proposed a creative solution for the
provision of workforce housing through a Housing Loan Fund. Starting in 2007, the draft
proffers included a unit category called "Moderately -Priced Units," which would all be
single family attached (SFA) units (townhouses and duplexes) and condominiums. This
first 2007 iteration of the proffer statement was constructed with two options for cash
proffers — one with a Housing Loan Fund and one without the fund. In the proffer
statement with the fund, the cash proffer amount for each unit type would be halved. The
categories of units were laid out as follows:
(a) Single Family Detached (SFD)
(b) SFA NOT moderately -priced or affordable
(c) Moderately -Priced Units
(d) Affordable housing units
In either scenario — with the Housing Fund or without it — the proffer amount for
category #3 was half of that for category #2. "Moderately -Priced Unit" was a defined
term that included condo units.
Staff recommended against, and the Board of Supervisors rejected the Housing Fund
concept, so the concept of "Moderately -Priced Unit" was removed from the proffers in
the October 1, 2007 iteration of the statement. Thus, the proffers apply only to SFD,
SFA, and affordable units.
Regardless of the history and status of the proffers approved with ZMA 2006, this
amendment application is subject to current Virginia proffer law, which was amended
July 1, 2019, which provides that offsite proffers (which includes cash proffers) are
considered unreasonable unless they address an impact to an offsite public facility such
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that the new residential development creates a need or portion of a need for public
facility improvements in excess of existing public facility capacity at the time of the
rezoning or proffer condition amendment and the development will receive a direct and
material benefit from such proffer. The Applicant is conducting an economic analysis
addressing the Project's impacts to public facilities to determine whether any offsite
proffers are warranted.
3. The Applicant wishes to eliminate the proffer offering a connection to Town Center Drive
for the reasons described in the narrative above. The owners of the homes in Phase 1
are strongly opposed to a vehicular connection through Phase 1 because of safety
concerns. Further, there is no need for such connection through their neighborhood
when the distance from the proposed entrances on Dickerson Road to Town Center
Drive are so minimal. Finally, the Applicant believes that the environmental benefit to
eliminating the stream crossing between the two phases outweighs any convenience to
motorists. Pedestrian and bicycle connectivity will join the two phases of the community.
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PRINCIPLES OF NEIGHBORHOOD MODEL (as they relate to Phase 2)
Below is a description of how the project satisfies each of the principles found in Section 20A.1
of the Zoning Ordinance.
Pedestrian Orientation - Similar to Phase 1, where the residential units were oriented towards
the streets, Phase 2 will do the same between the multi -family apartments and the travelways.
Through their architectural features, such as front porches, balconies and stoops on the
residential units, along with the scale of the streetscape, a human scale will be established.
Together, these outdoor spaces encourage neighbors and residents to interact at comfortable
distances in a positive way. They also allow for seating opportunities which promote
conversation and getting to know your neighbors as well as watching the activities going on
within the community.
Sidewalks are shown throughout to serve the residents and offer safe convenient connections
between the apartments and amenities within the community. These sidewalks are both
functional and comfortable while strengthening opportunities for residents to interact with one
another along the way or from a "safe social" distance. In addition, we envision a strong
"pedestrian/bike-only" connection between both phases to allow the respective residents of
each phase to co -exist while providing convenient access to those established commercial uses
and the public transportation stops along Towncenter Boulevard and in the Hollymead
Towncenter.
A trail network within the Open Space along the eastern Phase 2 boundary and around the
stormwater pond is shown on the Concept Plan (Sheet Z5). The number of access points is
conceptual and won't be fully determined until final site plan. Regardless, this amenity feature
offers residents within both phases the opportunity to exercise and interact with nature. For the
most part, the trails will be more rustic and classified as Type 1 at the minimum. They are
intended to highlight the community's natural amenities as well as educate the residents of the
local flora and wildlife. In some cases, portions of these trails may be increased to a Type 2
(high maintenance pedestrian path) in order to aid in maintenance. Together, the network of
sidewalks and trails will make for a pedestrian -friendly development.
Multi -Modal Transportation Opportunities - The streets within Willow Glen are primarily designed
as "travelways." Slow traffic speeds, low traffic volumes, and landscaped roadways with
sidewalks help make the streets and paths neighborhood friendly. This will allow opportunities
for bicyclist to get to, and from, their destinations without separate bike lanes. Bike racks will
also be situated near certain amenities whenever possible. The Project includes interior
sidewalks and trails and a new pedestrian/bicycle connection to Phase 1.
Interconnected Streets and Transportation Networks — Two points of access from Dickerson
Road are proposed on the Application Plan (Sheet Z4). Pedestrian/bicycle interconnection is
shown from Phase 1 of to Towncenter Blvd. Previously, a vehicular connection between the
phases was envisioned. However, based on the changes proposed in Phase 2 with regards to
housing type this connection doesn't seem practical or desired by the thirty-six established
residents in Phase 1 due to safety concerns. Not all streets need to be connected for vehicular
purposes especially within a community as long as alternative connections are possible. By
incorporating the "pedestrian/bike-only" connection, this eliminates the safety concerns raised
by the Phase 1 residents; maintains a connection between the phases; protects more
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environmental features; provides Phase 2 residents access options to the surrounding
neighborhood centers; and encourages walk -ability within the community.
Parks and Oven Svace — Phase 2 will contain approximately 9.5 acres of open space, which
comprises almost 43% of the land area. Together with Phase 1, the Project would have
approximately 40% of the land in open space. Amenities are not envisioned to be for public -use
but rather reserved for residents and their guest. All amenities will be available to Phase 1
owners. Several different types of amenities are proposed (e.g. pool, fitness center, tot lot, dog
spa, etc.). These would replace the County's minimum recreational requirements.
Along the fringes of the property vegetation will be preserved. This effort will help buffer the
project to and from neighboring developments, help reduce environmental impacts, continue to
provide wildlife corridors; and work to meet our open space requirements. Among these areas,
large mature trees will be preserved and highlighted wherever possible for enhancement
purposes. At the rear of the project there will be a pond to satisfy the community's stormwater
needs. Benches and landscaping will further help this space be a more user-friendly "park -like"
environment. In addition, the stormwater feature also has the potential to be stocked and used
as another amenity which can serve for fishing, education and further enjoyment for the
residents.
Neighborhood Centers - The Willow Glen community is considered an area located near a
Center, but not a center itself. Hollymead Towncenter is the closest Neighborhood Center. The
Willow Glen community is designed with both pedestrian and vehicular connections to provide
easy accessibility to Hollymead Towncenter.
Buildings and Svaces of Human Scale - Limitations are placed on building sizes, heights and
setbacks associated within the zoning guidelines. Throughout Willow Glen, both pedestrian -
friendly and human -scale architectural is highly encouraged. Residential units are oriented
towards the street. Through their architectural features, such as front porches, balconies and
stoops, along with the scale of the streetscape, a human scale will be established. Together,
these outdoor spaces encourage neighbors to interact at comfortable distances in a positive
way. They also allow for seating opportunities which promote conversation and getting to know
your neighbors as well as watching the activities going on in the community.
Relegated Parking — In most cases, parking is located back into the project. Very little parking
will be visible from the surrounding major transportation networks. Entrances will be
appropriately landscaped in a manner to minimize views of any parking lots in their vicinity. The
remaining parking within Willow Glen has been minimized throughout the site using garages,
buildings and landscaping.
Mixture of Uses and Types - Willow Glen doesn't have a mixture of uses (commercial, retail,
etc.) within this development; however, it does have a mixture of housing types. Where Willow
Glen satisfies the mixture of uses is in the overall framework of the community. While
Hollymead Towncenter doesn't offer single-family or apartments- Willow Glen does just like
Hollymead Towncenter fulfills our desire to have commercial opportunities near residential
development. The property is uniquely situated in close proximity to both industrial and
commercial districts as well as other residential districts. The property is less than a quarter mile
from the Charlottesville/Albemarle Airport and Hollymead Town Center. It is also the equidistant
from the Deerwood and Abington Place residential communities.
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Mixture of Housing Types and Affordability - This application requests changing the existing
zoning plan for Phase 2 of the Project from a mix of residential unit types to multi -family, but the
Project already includes fourteen (14) single-family detached and twenty-two (22) townhome
dwellings, so the Project will contain three (3) different housing types. The Project abuts
Deerwood, which comprises seventy-five (75) single-family detached dwellings. Many
townhome, condominium, and other residential types are located within Hollymead Town
Center. The Comprehensive Regional Housing Study and Needs Assessment published by The
Central Virginia Regional Housing Partnership of the Thomas Jefferson Planning District
Commission reports that only three percent (3%) of the land in Albemarle County is zoned for
multifamily housing, while ninety-five percent (95%) is zoned for single-family housing (Table
14. Residential Zoning by Jurisdiction, 2018). The report goes on to explain that "(u)nder the
goal of protecting single-family neighborhoods, such zoning restricts the opportunities for multi-
family housing and increases multi -family land prices" (Id., p. 61).
Redevelopment - Phase 2 of Willow Glen is undeveloped; its development will complete the
Project begun with the development and construction of the thirty-six (36) single-family homes in
Phase 1.
Site Planning that Respects Terrain - The Willow Glen community strives to preserve as many
existing trees as possible, supplementing them with additional landscaping. This is being
accomplished with proper site planning, using the architecture appropriately with the land and in
some cases using walls to eliminate grading that would otherwise impact natural buffer areas.
In fact, since our initial 2006 rezoning the current design changes now allow us to preserve
more of the existing site features. This results in stronger wildlife corridors, wider buffers and
lower development cost. Furthermore, fewer environmental impacts to the stream are necessary
with the elimination of the vehicular connection between the phases.
Clear Boundaries with the Rural Areas - This development is located in the development area,
therefore this principle is not applicable.
We believe the current ZMA's proposed plan would satisfy the goals of the Places29 Master
Plan and Neighborhood Model, as well as be compatible with the surrounding community.
BLOCK CHARACTERISTICS
There are no blocks being proposed at this time within Phase 2.
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