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HomeMy WebLinkAboutZMA202100001 Narrative (revised) 2021-01-29REZONING NARRATIVE ZMA-2006-00019 BACKGROUND Dickerson Ridge, LLC (the "Applicant"), requests approval of an amendment to ZMA 2006- 00019, a zoning map amendment application 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 Drive. 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 Town Center 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 Drive while the Property will have two points of 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. In January 2019, the Board of Supervisors granted a Special Exception to allow several different variations to the approved rezoning Application Plan by the Board of Supervisors. This approval 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 has been 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 provided six (6) affordable housing units in Phase 1 and have 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 1/19/2021 revised 112912021 REZONING NARRATIVE ZMA-2006-00019 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 15.20 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 to respond to market changes and successfully adapt the Willow Glen community to these changes. These changes will help reduce development pressures on the Rural Areas by providing multi -family residential uses and medium density within the Development Area, which 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 2 1/19/2021 revised 112912021 REZONING NARRATIVE ZMA-2006-00019 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 2, Phases 1 and 2 together would have an overall average density of approximately 14.53 DUA. The proposed density fits squarely within the density range 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 3 1/19/2021 revised 112912021 REZONING NARRATIVE ZMA-2006-00019 exception. All buildings are proposed as three- or four-story buildings no greater than 45' tall; the rear of certain buildings 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. 4 1/19/2021 revised 112912021 REZONING NARRATIVE ZMA-2006-00019 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." 5 1/19/2021 revised 112912021 REZONING NARRATIVE ZMA-2006-00019 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, which address (1) affordable housing, (2) cash proffers, and (3) Connection to Towncenter Drive. 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 typically a more affordable option than homeownership. The Applicant has added a note to the PRD plan to provide that 15% of the units in Phase 2 will be offered at rental rates that are affordable to those earning no more than 80% of the then -current Area Median Income (AMI) for the Albemarle County area for a minimum of ten (10) years. Phase 1 has provided six (6) affordable units (17%), which more than required under the 15% proffer commitment. 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. 6 1/19/2021 revised 112912021 REZONING NARRATIVE ZMA-2006-00019 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 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. Given the minimal impact on schools described above, current traffic impact analysis data, the economic exigencies of the Project, and other factors, the Applicant is not proposing cash proffers. 3. The Applicant wishes to eliminate the proffer offering a vehicular connection to Towncenter 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 Towncenter 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 to provide the desired unit of community and Phase 1 owners' access to amenities in Phase 2. 7 1/19/2021 revised 112912021 REZONING NARRATIVE ZMA-2006-00019 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 for the multi -family apartments' orientation toward 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, the Applicant plans an attractive "pedestrian/bike-only' connection between the two phases to allow the respective residents of each phase to co -exist while providing the Phase 2 owners with convenient access to those established commercial uses and the public transportation stops along Towncenter Drive and in the Hollymead Towncenter and the Phase 1 owners with access to recreational amenities within Phase 2. 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 O000rtunities - 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 design 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 Drive. 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 is not 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 environmental features; 8 1/19/2021 revised 112912021 REZONING NARRATIVE ZMA-2006-00019 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 Town Center is the closest Neighborhood Center. The Willow Glen community is designed with both pedestrian and vehicular connections to provide easy accessibility to Hollymead Town Center. 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 the development; however, it does have a mixture of housing types. Willow Glen satisfies the mixture of uses in its proximity to Hollymead Town Center, providing single-family and multi -family housing options near commercial 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. 9 1/19/2021 revised 112912021 REZONING NARRATIVE ZMA-2006-00019 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). Affordable Housing: The Project has already provided six (6) or 17% affordable housing in Phase 1. The Applicant intends to provide 15% of the rental multi -family units in Phase 2 at rents affordable to those making no more than eighty percent (80%) of the Albemarle County area's median AM for a minimum of ten (10) years. 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 preservation 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 revised design results in stronger wildlife corridors, wider buffers and lower development cost. Most important, 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. 10 1/19/2021 revised 112912021