HomeMy WebLinkAboutZMA202100009 Narrative 2021-07-19 July 19, 2021
OLD IVY RESIDENCES
Zoning Map Amendment Application Narrative
Tax Map Parcels 60-51, 60-24C, 60-24C1, 60-24C3, 60-24C4
ZMA 2021 - 000
Introduction
Greystar is the contract purchaser of 35.39 acres of real property and improvements northeast of
the Route 250 Bypass and Old Ivy Road intersection, west of the University Village retirement
community and Huntington Village (the "Property"). The Property consists of five parcels, all
zoned for residential use:
Tax Ma Parcel Short Name Acres Greystar proposes to develop a
06000-00-00-024C 24C 11.58
06000-00-00-024C1 24C1 2.53 residential community on the Property,
06000-00-00-024C3 24C3 13.29 consisting of single-family homes
06000-00-00-024C4 24C4 2 q� (attached and detached) and
06000-00-00-05100 51 5.52 multifamily buildings, to serve the need
Total Acrea e 35.39 for housing in this part of Albemarle
County, which is reflected in the Urban
Density Residential land use designation for most of the subject property in the Comprehensive
Plan. Greystar proposes a maximum of 525 units, which equates to an average density of
approximately 15 dwelling units per acre (DUA) for the 35.39 acre Property. The residences
planned for the Property are proposed to be entirely for-rent, at least initially, in response to a
strong interest in rental properties in the area.
Existing Zoning and Proffers
The existing zoning and land use restrictions are not uniform across the parcels.
The chart below summarizes the currently applicable land use regulations for the Property.
Tax Map 60 Acres Zoning District
Parcel Permitted Uses
24C1 Health Care Facility
2.53 1.561 R10 (per University Village
A roved A lication Plan
0.969 R15 By Right Uses in R15
24C3 13.29 R15 District upon satisfaction of
24C4 2.47 R15 Road Proffer
24C 11.58 R15 (per ZMA 85-21)
51 5.52 R1 B Ri ht Uses in R1 District
In order to achieve R-15 zoning
� ���� � � across the Property without the
I restrictive proffers or zoning plans
associated with prior rezoning
actions, the following actions are
being requested:
TMP 60-51: Rezone from R-1 fo R-
� A\\\,. This parcel, zoned R-1, is
�
d�
�,�.,.�--,_ z�
.-_ \ ro r z n R-1 .
�
�i osed to be e o ed to 5
�
s,�_ � " p p
` \���� �A
� � �� � A
��
I ;��� <� _
� � ��<<�� TMP 60 24C3. 60-24C4: Safisfv
� � �85 Road Proffer; Rezone Sieep
i �� ` � ���� ope Overlav Districi. The largest
� � �\ \� � parcel and the abutting small parcel to
� -�„, � � ;�� �� � the north, which abut the Bypass, are
� � �� �\
��� ������� �� a�proffer assoc ated w th ZMA 85-2�to
� � � � �� ��� which states that these parcels may
�i ��������� only be developed at an R-1 level until
I
�,,, ������ ��- � Old Ivy Road has been improved to
I �� � �� the satisfaction of the Board of
� ,� •��
_ F�� 'w����w-• (the "1985 Road
1_, 21,,W Supervisors
` ,�� � Proffer"). Further, a zoning map
�
_`°'� i,�{ :1,,, t;`� �"' t„� \ amendment t0 rezone preserved
°�° �,so ,,,: ���y � steep slopes to managed steep
,�, _�, ��\ slopes on these parcels is required to
J1N t 13tl l59
"° permit them to be disturbed in a
manner described in more detail in the attached materials prepared by Timmons Group entitled
"Old Ivy Residences Preserved Slopes Zoning Map Amendment."
TMP 60-24C1: Safisfv 1985 Road Proffer; Rezone Sieep S/ope Overlav District; Rezone
porfion from R-10 (with Plan and Proffers) to R-15. This small interior parcel is split-zoned. A
small portion is zoned R-15 and subject to the 1985 Road Proffer. The remaining portion is zoned
R-10 and subject to ZMA 96-20. The parcel needs to be rezoned to R-15, and the master plan
and proffers associated with ZMA 96-20 need to be superseded by the new zoning. The Zoning
Map Amendment to reclassify preserved slopes as managed slopes applies to this parcel as well.
TMP 60-24C: Satisfv 1985 Road Proffer(No Rezoninp Repuired). The second largest parcel
immediately east of TMP 60-24C3 is also subject to the Road Proffer.
To explain both the varied zoning status of the parcels and the access easement over the
University Village property to the east, a brief property history has been included in an Appendix
forreference.
' The image on this page was prepared using the County's GIS mapping system. Note that the GIS
records are inaccurate, which results in a map that is not entirely correct, for TMP 60-24C3 and 60-24C4
are both also subject to the 1985 Road Proffer, but the map indicates otherwise.
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Subject Property
The Property is currently owned by three separate entities, as shown in the table below.
Tax Map Parcel Owner
60-24C
60-24C1 The Filthy Beast, LLC
60-24C4
60-24C3 Father Goose, LLC
60-51 Be er Famil Investment Partnershi
Description of Proposed Project
The Project proposes a variety of housing types, including single family detached, single family
attached, duplexes, and multi-family units. A maximum of 525 units is proposed. Of this amount,
the following is a current projected conceptual breakdown of units by type, but is subject to change
during the site plan process:
Single family detached: 77 units
Single family attached (townhouse): 43
Single family attached (duple�"duets"): 58
Apartments: 312
This breakdown is approximate and is subject to change at the site plan stage.
Notably, the Project likely will be comprised entirely of rental units, even the single-family units.
This community would be the first of its kind in the area providing a unique residential community
and expanding the range of housing options for this part of the County. Market research
demonstrates a demand for single-family residences for young families, young professionals,
graduate students and retirees who desire more space but are not interested in, or able to
purchase a home at this stage of their lives. The cost of home ownership continues to rise across
all price points throughout the area, and this rental offering will significantly increase the inventory
and accommodate this strong market demand. Rental single-family dwellings are a growing trend
in residential development. A recent news article reported that "built-to-rent homes make up just
over 6% of new homes built in the U.S. every year, according to Hunter Housing Economics, a
real estate consulting firm, which projects the number of these homes built annually will double
by 2024."z The Applicant has determined there is a significant market demand for detached rental
units in this part of the County. While there are a few apartment communities nearby, most are
designed and sized for singles or younger students.
z Parker, Will. "Built-to-Rent Suburbs are Poised to Spread Across the U.S." The Wall Street Journal,
June 21, 2021. https://www.wsj.com/articles/built-to-rent-suburbs-are-poised-to-spread-across-the-u-s-
11623075610)
3
The community is laid out and oriented around the existing pond, which will be integrated into the
Project and serve as a recreational area. The pond will provide open space and stormwater
management functions, while being enhanced to improve the ecological and environmental
benefits that the pond naturally provides. Additionally, while steep slopes will be impacted, they
will be treated in a sensitive manner, ensuring downstream waters are not impacted. The
proposed development has been designed to maximize conservation of forested areas,
particularly those adjacent to the Rivanna Trail, by using space already cleared for farmland. By
impacting the slopes (to a limited degree), the neighborhood layout can better preserve existing
natural forest, which provides an invaluable amenity, prevents environmental concerns
associated with deforestation (erosion, stormwater quality, habitat, etc.), and provides a greater
degree of conservation. Given the history of these slopes, which were previously disturbed and
are man-made, Greystar and the design team agree that the forested areas are more valuable
environmentally than the slopes. Further, reducing the grade of these slopes will reduce
stormwater drainage across the area while capturing runoff in a stormwater conveyance system.
Reducing overland flow and the total amount of runoff will reduce erosion to the remaining slopes.
Satisfaction of 1985 Road Proffer:
As described herein, parcels 60-24C3, 60-24C4, 60-24C, and the approximately 0.73 acres of
parcel 60-24C1 that is zoned R-15 are all subject to the 1985 Road Proffer. The 1985 Road
Proffer was accepted in 1985 as part of ZMA 1985-21, which rezoned these parcels from R-1
Residential to R-15 Residential subject to the following proffer:
"The proffer is that the property's development under proposed R-15 zoning be limited to the
number of units currently allowable under the present R-1 zoning until Old Ivy Road is improved
to the satisfaction of the Board of Supervisors of Albemarle County."
While the proffer allows developing this portion of the Property with the setbacks, dwelling-unit
type, and other characteristics permitted by the R-15 zoning district regulations, the proffer limits
the number of units to the amount that would be allowed if the land were zoned R-1 until Old Ivy
Road is improved to the satisfaction of the County Board of Supervisors. The proffer provides
that when the Board of Supervisors is satisfied that Old Ivy Road has been improved, then this
portion of the Property may be developed consistent with R-15 zoning without restriction on the
number of units.
Since the 1985 Road Proffer was accepted and these parcels were rezoned to R-15, a
significant number of improvements have been made to Old Ivy Road and to the surrounding
road network that significantly improved safety and traffic conditions around the Property.
Included with this application package is a multi-page exhibit prepared by Mitchell Matthews
Architects that includes historical aerial images of the Property and the surrounding road
network from 1990, 1996, and 2021, and which documents the 27 identified improvements that
have been made to Old Ivy Road and the surrounding road network in the intervening 36 years
(the "Old Ivy Road Improvements ExhibiY'). Among the highlights are the following road
improvements:
4
• Leonard Sandridge Drive has been constructed, which provides a direct connection from
the University of Virginia north grounds area to the Route 29/250 bypass. Prior to
construction, a large portion of vehicles driving to and from that area used both Old Ivy
Road and Ivy Road to access the Route 29/250 Bypass and Route 250. Construction of
this road dramatically reduced trips along Old Ivy Road.
. As numerous by-right developments were constructed on Old Ivy Road, they were
required to construct various entrance improvements and related improvements, such as
turn lanes, deceleration lanes, and sidewalks, each as detailed on pages 4-7 of the Old
Ivy Road Improvements Exhibit. These numerous improvements significantly improved
the safety and function of Old Ivy Road.
• Installation of a traffic signal at Ivy Road and Old Ivy Road (across from St. Anne's
Belfield School) (#2 on the Exhibit). This signal dramatically improved the safety of this
intersection, including for those proceeding east on Old Ivy to Ivy Road as they now had
a safer turning movement. In addition, by providing a safe turning opportunity, queue
lengths and delays at this location were reduced, which further improved Old Ivy Road.
. Installation of a traffic signal, and re-alignment of Canterbury Road (entrance to the
Bellair Subdivision) at the Canterbury Road/Route 250/Ivy Road/Old Ivy Road
Intersection across from the Bellair Market (#5 and #25 on the Exhibit). These two
improvements, long-sought by the Bellair residents, among others, were significant
safety improvements by aligning the intersection and providing a signal to allow safe
turning movements. They also reduced congestion in the area, and thus reduced back-
ups and other delays that often extended well onto Old Ivy Road.
. Intentional efforts by VDOT to discourage use of the northern exit and off-ramp from the
Route 29/250 bypass (at#26 on the Exhibit) in favor of the southern exit off-ramp from
the bypass (leading to#27 on the Exhibit). These efforts included modifications to
signage to direct travelers to the southern exit, which allows traffic to more easily
disperse along Route 250/Ivy Road instead of along Old Ivy Road. This dramatically
reduced trips along Old Ivy Road. The addition of a traffic signal at#27 on the Exhibit
also increased the safety and reduced delays at that location, removing a long-time
disincentive to using this southern exit. By increasing the safety, convenience, and
comfort in using the southern exit from the bypass, the number of vehicles using the
northern exit reduced, which resulted in a reduction of vehicle trips along Old Ivy Road,
and thus improvements to its function and reduction in congestion.
A recent development involves the existing bridge over the Route 29/250 Bypass. This bridge is
scheduled for replacement by VDOT in 2023, and the project has been funded. The replacement
bridge will add a lane for pedestrians that does not currently exist, which will allow pedestrians to
use the bridge. This improvement will logically result in some level of reduction in vehicle trips for
those who want to walk from the Property to nearby stores, offices, and destinations, such as the
Market at Bellair, the proposed destinations at the former Virginia Tractor Company site, medical
offices, and the numerous offices located in the"triangle" between the Bypass, the railroad tracks,
and the northern off-ramp from the Bypass (Faulconer Construction, real estate offices, etc.)
5
In addition to the number of completed improvements documented on the Old Ivy Road
Improvements Exhibit, and the imminent replacement of the bridge over the Bypass, included with
this application package is a Transportation Impact Analysis prepared by Timmons Group (the
"Traffic Study"). The Traffic Study was researched and developed in consultation with VDOT, the
County's Transportation Planner, and the City's Traffic Engineer as to scope and extent of the
study, assumptions based on estimates such as for projected increases in background traffic, and
related criteria.
The Traffic Study recommends several improvements be included as part of the Project to avoid
creating any impacts on Old Ivy Road. The application plans incorporate those recommended
improvements, including the following:
• Installation of an eastbound left turn lane on Old Ivy Road at the proposed site entrance,
with a minimum of 100 feet of storage and 100-foot taper.
• Installation of a westbound right turn lane on Old Ivy Road at the proposed site entrance,
with a minimum of 100 feet of storage and 100-foot taper.
. Installation of a westbound right turn lane on Old Ivy Road at the US Route 29/250 on-
ramp
The Traffic Study determines that Old Ivy Road will function at acceptable levels of service and
safety with the full build-out of the Project, provided that the recommended improvements are
constructed as part of the Project. Specifically, the Traffic Study notes that at the main entrance
the levels of service ("LOS") would be a LOS B in the AM peak and LOS C in the PM peak, and
that "the mainline movements along Old Ivy Road at the proposed site entrance are not
adversely impacted by the introduction of the site traffic and the queues will not impact through
traffic."
Similarly, regarding the signalized intersection at Ivy Road and Old Ivy Road, the Traffic Study
confirms that with the full build out of the Project, that this intersection will operate at an overall
LOS B in both the AM and PM peak hours, and that all movements and approaches operate at
LOS C or better during peak hours.
Regarding the unsignalized intersection of Old Ivy Road at the US Route 29/250 On-Ramp, the
Traffic Study concludes that the mainline eastbound and westbound approaches will operate at
LOS A during both peak hours. The northbound approach operates at LOS A during the AM
peak hour and at LOS F during the PM peak hour. However, the maximum queue on the
northbound approach during either peak hour is 16 feet, or approximately 1 vehicle. There are
no queuing issues at this intersection.
Given the conclusions of the Traffic Study with regard to the functionality of Old Ivy Road at the
entrance of the site, and the acceptable LOS that will result at either end of Old Ivy (between the
by-pass ramps and the signalized intersection at Ivy Road), combined with the numerous
impactful improvements that have been completed along Old Ivy Road and the surrounding
road network in the past 36 years, we contend that the concerns of the 1985 Road Proffer have
been addressed. As such, we ask the Board of Supervisors to confirm that coupled with the
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improvements proposed as part of this application, that Old Ivy Road has been satisfactorily
improved, and that the 1985 Road Proffer has been satisfied.
Consistency with the Comprehensive Plan
'�'" The Southem and Western Urban
-- — ,, ,
;'/ - Neighborhoods Master Plan (the "Master
� Plan"), a component of the County's
� . � Comprehensive Plan, designates the Property
for Urban Density Residential use, which
recommends 6.01 — 34 DUA, and Parks and
Green Systems use, which recommends
, , public and privately owned open space areas
' and the protection of environmental features.
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The Property is within one of two Priority Areas identified in the Master Plan. Priority Areas are
defined as areas "where significant development is underway, future development is to be
directed, and investment in public improvements is programmed or recommended" (S+W. 47).
The Priority Area for Western Urban Neighborhood is the Ivy Road area, and Ivy Road Shopping
Center is the existing Center for such area. As an infill project within a Priority Area identified on
the Comprehensive Plan, and given the existing R-15 zoning on the majority of the Property, this
application has particular merit.
Urban Densitv Residential
The primary uses within the Urban Density Residential designation are "multifamily and single-
family residential, including two or more housing types." The Project meets and exceeds this
description.
The Urban Density Residential designation "represents residential areas with supporting uses
and non-residential uses [with density ranges ofJ 6.01 - 34 dwellings per acre." Master Plan, page
33. The Ivy Road Shopping Center area is in the immediate vicinity of the Property, and the Project
would contribute to its existing mix of uses.
7
At a proposed density of approximately 15 DUA, the ProjecYs density will be well within the range
contemplated by the Urban Density Residential designation, and thus consistent with the
Comprehensive Plan. The Comprehensive Plan's gross density range allows the Property's 35.39
acres to be developed with up to 525 residential units. The existing zoning of parcel 60-51, R-1
Residential, is inconsistent with the Comprehensive Plan because it permits a gross density range
of only 0.97 (Standard Level) and 1.45 (Bonus Level) dwelling units per acre, well below the
desired and designated density for this location. See Zoning Ordinance § 13.3. The Project
proposes a density that would achieve the County's desired density in this location. As noted on
the cover sheet to the plan set, the Project proposes a maximum of 525 units, which over the total
acreage translates to a density of 14.9 dwelling units per acre.
The ProjecYs density also supports Objective 4 of Chapter 8 (Development Areas) of the
Comprehensive Plan, recommending the "[u]se [of] Development Areas land efficiently to prevent
premature expansion of the Development Areas." The Project clusters units together on the site,
and includes apartments, attached townhouses, and duets (duplexes). The ProjecYs residential
layout thus makes efficient use of Development Areas land.
Parks and Green Svstems
The portion of the Property designed for Parks and Green Systems is land that was previously
acquired by the Virginia Department of Transportation (VDOT) for development of the Western
Bypass. After VDOT eliminated plans for the Western Bypass, the Commonwealth of Virginia
(through the Commissioner of Highways) transferred the property to the current owner (deed of
November 17, 2016). Before VDOT's acquisition, all of the Property was designated Urban
Residential Development. See the prior Comprehensive Plan, 1996-2016, Land Use Plan Map
E, attached to this Narrative. In 2015, the Comprehensive Plan was updated to designate the
portion of the Property then owned by VDOT for Parks and Green Systems. This designation
acknowledged not just the desirability of buffers to mitigate visual and noise impacts from the
Bypass, but also the existing steep slopes and water features. Now that the Property has
returned to its prior private owners, it is appropriate to evaluate it as Urban Density Residential
designation, with the Parks and Green systems designation in those areas with sensitive
environmental features.
Consistencv with the Neiqhborhood Model Principles
The proposed project is consistent with the applicable Neighborhood Model Principles as follows:
Pedestrian Orientation. Interior sidewalks will be provided throughout the community in
the building envelope areas, and as generally shown on the illustrative conceptual plan included
in the plan set. The existing Rivanna Trail will be retained, although a small segment of it will be
relocated to accommodate the proposed units. The plans show a conceptual relocation of that
segment, but the final location will be determined at the site plan stage following consultation with
the Rivanna Trails Foundation.
Mixture of Uses. Given the ProjecYs proximity to a variety of other non-residential uses,
only residential uses are proposed. Other adjacent or nearby uses include the following:
8
• University of Virginia Offices (copying and printing services, Ivy Stacks, Human
Resources, Fontana Food Center)
• Old Ivy Medical Offices
• The Ivy Inn Restaurant
• McLean Faulconer Real Estate offices
• Care Hospice, Inc. (formerly Legacy Hospice)
. Retail and Service uses at Townside Shopping Center (deli, photography studio,
coffee shop, insurance office, medical offices, Pour La Masion housewares, hair
salon, dry cleaners, florist, Pilates studio, wine shop, among others)
• Vivace Restaurant
• Bel-Air Gas Station and The Market Deli
. Proposed restaurant, coffee shop, and other uses at former Virginia Tractor
Property
. Pediatric Associates Pediatricians Group
• Center for the Arts Dance Studio
• Pure Barre Pilates Studio
• UVA Darden School of Business
• UVA Law School
• UVA North Grounds Recreation Center
• Faulconer Construction
• Weldon Cooper Center
Neiqhborhood Center. The variety of non-residential uses immediately adjacent to and
nearby the Property constitute a neighborhood center when considered in the context with the
Project, especially given the variety of housing types proposed for the Project. In addition, as
noted previously, the nearby Ivy Road Shopping Center is the existing Center for the Western
Urban Neighborhoods Priority Area.
Mixture of Housinq Tvpes and Affordabilitv. The Project proposes a variety of housing
types, including single family detached, single family attached (both townhouses and duplexes),
and apartments. In addition, at least 15 percent of the units representing the difference between
the number that could be developed on the Property under current zoning and the number that
could be developed following the rezoning to R-15 of TMP 60-51 and that portion of TMP 60-
24C1 zoned R-10, will be affordable to households making up to 80% of the Area Median Income
for a period of ten years.
Interconnected Streets and Transportation Networks. The proposed project would
increase the existing interconnected street network and system of non-street connections.
Pedestrians, cyclists, and drivers will have more options when the Project is completed.
Multi-Modal Transportation Opportunities. Residents of the community will have access
to multi-model transportation opportunities by vehicle, on foot, or by bicycle. While the Property
is not yet accessible via public transit, the Applicant is willing to work with the County, the Thomas
Jefferson Planning District Commission, public transit providers, and other stakeholders to
9
evaluate the Project for a transit stop. The Applicant welcomes the opportunity for transit options
to serve the Project when these opportunities are presented.
Parks. Recreational Amenities and Open Space. A large area of open space will be
preserved within the Project, including around the existing pond, which will be enhanced, and all
of which will provide a variety of opportunities for passive and active recreation. The existing
Rivanna Trail will be maintained, which provides access to a footpath that encircles the entire
City. The community is also envisioned to include two outdoor swimming pools, a tot lot, grilling
areas, other gathering areas, and an indoor fitness center. While the precise details will be
determined at the site plan stage, the Project will satisfy the recreational amenity requirements of
the zoning ordinance.
Buildinqs and Spaces of Human Sca/e. All buildings within the Project will be four stories
or less to break up massing and support the principle of buildings of human scale. The single
family residences will likely not exceed two stories. The vast majority of the units within the Project
will be located a reasonable distance from adjacent property lines and roads. Particularly when
compared to the scale of the six-story University Village building, the buildings on site will be an
appropriate height and scale. The taller four story buildings are appropriately located along Old
Ivy Road, away from the University Village buildings, to avoid creating any significant adverse
impact on the views from University Village units.
Releqated Parkinq. The Project proposes only minimal parking areas that front public
roads, including Old Ivy Road and the Entrance Corridor. While some parking in these areas is
proposed, the vast majority of the parking proposed is relegated behind or to the side of buildings,
open space, or recreational areas. Parallel parking provided along the travelways promotes an
efficient use of paved area and contributes to an urban, walkable environment. Parking areas are
expected to have limited visibility from the Entrance Corridor, especially given the distance
involved, and the forested area along the Route 29/250 Bypass. In addition, the elevation of Old
Ivy Road is lower than that of the parking lots that will serve the proposed apartment units, and
with the required landscaping, will help to mitigate any views of the parking areas from that Road
or from Ivy Road.
Redevelopment. This principal is only applicable to the Beyer Parcel since the other
parcels are vacant. Regarding the Beyer parcel, which current contains a single family residence,
this application involves a redevelopment of the Property of a type that is expressly recommended
by and consistent with the Comprehensive Plan designation of Urban Density Residential.
Respectinp Terrain and Careful Gradinp and Re-qradinq. Some grading will need to
occur on the Property during construction. The Concept Plan accounts for managed and
preserved slopes on the Property. The Applicant will obtain all required permits and approvals
that may be needed to conduct grading on the Property. This application includes a ZMA request
to re-designate all preserved steep slopes to managed steep slopes to allow for certain
improvements that, from an environmental perspective, will improve current conditions. As
described in the Preserved Steep Slopes Zoning Map Amendment materials, existing preserved
slopes are believed to be man-made, and impacting those slopes will allow the Project to conserve
as much forest as possible. Further, reducing the grade of these slopes will reduce stormwater
10
drainage across the area while capturing runoff in a stormwater conveyance system. Reducing
overland flow and the total amount of runoff will reduce erosion to the remaining slopes.
C/ear Boundaries with the Rural Area. Not applicable. The Property is not adjacent to the
Rural Area.
Impacts on Public Facilities & Public Infrastructure
The Project does not create any negative impact on public facilities and public infrastructure.
Included with this application is a Traffic Impact Analysis prepared by Timmons Group. The study
recommends several improvements be included as part of the project to avoid creating any
impacts on Old Ivy Road. The application plans incorporate those recommended improvements,
including the following:
. Installation of an eastbound left turn lane on Old Ivy Road at the proposed site entrance,
with a minimum of 100 feet of storage and 100 foot taper.
. Installation of a westbound right turn lane on Old Ivy Road at the proposed site entrance,
with a minimum of 100 feet of storage and 100 foot taper.
. Installation of a westbound right turn lane on Old Ivy Road at the US Route 29/250 on-
ramp
The Project will also include a robust pedestrian network, including internal sidewalks, a
connection to the Rivanna Trail, and the continuance of the Rivanna Trail on site.
Please refer to the section of this narrative about the 1985 Road Proffer for additional information
about the Traffic Study's conclusions about the future conditions of Old Ivy Road with the build
out of the Project.
Impacts on Environmental Features
The proposed Project has no negative impacts on environmental features. As noted in detail in
the materials prepared by Timmons Group regarding the proposed rezoning of the preserved
steep slopes on site, the outcome of the proposed modifications to those slope areas will be an
improvement from an environmental perspective, over existing conditions. The Water Protection
Ordinance stream buffers on site will be preserved, as shown on the plans. They have been
updated, based on a jurisdictional determination for waters of the U.S., through the U.S. Army
Corps of Engineers, dated August 27, 2020 (copies enclosed). Pursuant to the Water Protection
Ordinance, the 100-foot buffer is only applicable to streams that are perennial within the
development areas, and thus the plans reflect the location consistent with the jurisdictional
determination, which are different than as shown on the County's GIS mapping system.
Except as otherwise described above, the Project is carefully designed to avoid encroachment or
other impacts to the preserved slopes on the Property and nearby. The Project includes extensive
open space areas that will provide space for additional vegetation. In addition, by providing a
variety of housing types in walking distance to the University of Virginia Law and Business
Schools, and to a variety of other retail shops, offices, and other destinations, the Project will
11
enable residents to walk to these areas and minimize the use of vehicles, which will reduce carbon
emissions.
Impacts of the Proposed Development
Parks: The Project will contain a variety of recreational and other amenities for the use and
benefit of the residents of the Project, several of which are shown on the Conceptual Plan. While
the specific details of the amenities have not yet been decided, amenities such as swimming
pools, tot lots, grilling areas, other gathering areas, and an indoor fitness center are likely. A large
area of open space will be preserved within the Project, including around the existing pond, which
will be enhanced, and all of which will provide a variety of opportunities for passive and active
recreation. The existing Rivanna Trail will be maintained, which provides access to a footpath
that encircles the entire City.
Residents will also have easy access to other nearby parks and recreational areas such as the
UVA Track, Birdwood Resort (including its golf, tennis, fitness and other recreational amenities),
UVA's The Park by the law school, the UVA North Grounds Recreation Center. Notably, with the
Rivanna Trail right on site, it provides immediate and direct pedestrian access and connections
to other parks and recreational areas throughout the area. The existing Rivanna Trail will be
slightly relocated internally to accommodate the Project, but will remain as an important amenity
of the Project and for the entire community.
Fire& Rescue: The Project will include a secondary emergency access for vehicles in a location
still to be determined.
Schools: Old Ivy Residences will provide a variety of new housing options and inventory in the
designated Development Area to families who already live in the County and whose children
already attend the County public schools. So, while Old Ivy Residences will be new to Albemarle
County, these students and their families are not. The Project also increases the existing inventory
of residences in close proximity to existing transportation networks, places of employment,
educational facilities, and nearby services, all as consistent with the Comprehensive Plan. Most
importantly, by providing residential units in the designated Development Area at a density that is
well within the range recommended by the Comprehensive Plan for the Property,the Project helps
to reduce pressure to subdivide Rural Area land for by-right lots, the latter of are directly and
fundamentally inconsistent with the Comprehensive Plan. And as noted previously, it is critical to
evaluate this issue in consideration of the fact that the majority of the Property is already zoned
R-15 Residential, such that the actual increase in permitted residential units is relatively small.
Only approximately seven (7) acres of the Property is being upzoned from R-1 and R-10 to R-15.
Students living in the Project would be within the current school districts for Greer Elementary
School, Jack Jouett Middle School, and Albemarle High School. Based on the Albemarle County
Schools Capacity vs. Enrollment Projections3, both Greer and Jouett are under capacity, while
Albemarle High School is over capacity. The Official Calculator estimates the Project would serve
approximately 115-120 students. However, the Official Calculator provides countywide averages
3 Albemarle County Public Schools K-12 Enrollment Projections FY 2020/21 to FT 2029/30, dated
November 2019; Capacity vs. Enrollment Projections, dated November 19, 2019.
12
that do not take into account the age of buildings, number of bedrooms, or value of the property.
When evaluating multi-family and townhome communities, we have found that actual student
enrollment at comparable developments is much lower than the numbers based on the Official
Calculator.
For reference, the Official calculator estimates the following student counts:
Type of Dwelling Unit Elementary Middle High Total
Single Family Detached (77) 0.15 (12)' 0.08 (6) 0.12 (9) 0.35 (27)
Single-Family Attached (58) 0.13 (6) 0.05 (3) 0.08 (5) 0.26 (15)
Townhome (43) 0.15 (6) 0.06 (3) 0.08 (3) 0.29 (12)
Multi-Family (312) 0.12 (37) 0.03 (9) 0.05 (16) 0.21 (66)
=61 =21 =33 115-120 total
"number of school children
However, based on actual 2020-21 public-school student registration numbers provided
by Albemarle County Schoo/s°, the number of students actually living in comparable
apartment and townhome communities is 50-75% lower than this estimate.
Actual School Enrollment in Existing Townhome Communities
For the current 2020-21 school year, the following table indicate the actual number of registered
students in each of four northern development area townhome communities:
Pre-K/Elem Middle High Total
Forest Lakes South Townhomes (45)
(Ashland Drive oRAshwood Blvd) � � � �
Forest Lakes Townhomes (62)
(Arbor Trace/Arbor Lake Drive/Arbor CouNArbor Terrace) 1 1 3 5
Gardencourt Townhouses
(HydraulicRoad) (51) 2 1 0 3
Hollymead Square Townhouses (64) 6 7 10 23
TOTAL UNITS: (222) 9 9 13 31 Tota�
Based on the average of the actual number of school children living in these representative
townhome communities (31 / 222), the multiplier is 0.14, not .29, resulting in 6, not 12
children in the 43 townhomes.
Similarly, when we analyze the actual number of registered students in four County multifamily
developments, we find a significantly lower likely student number than the Official Calculator
would indicate:
^ Provided by Renee DeVall, Routing and Planning Manager for Albemarle County Pupil Transportation.
13
Actual School Enrollment in Existing Multifamily Communities
Pre-K/Elem Middle High Total
Reserve at Belvedere (294 Units) 8 2 6 = 16
Arden Place (212 Units) 3 0 5 = 8
Stone Creek Village (264) 5 5 7 = 17
Stonefield Commons (251) 8 1 2 = 11
TOTAL UNITS: (1,021) 24 8 20 = 52
The actual student numbers for these four multi-family communities indicate an average
multiplier of .051, not 0.21, for the total number of students. Based on the 2019-20 data
above for these four existing multi-family developments, we would expect 16, not 66,
students from the 312 multi-family units, which is a 75% decrease in number.
School Capacity
Based on the Capacity vs. Enrollment Projections through 2030, Greer and Jouett are projected
to have capacity, while AHS will remain over capacity. School projections are as follows:
School K - 1 2 2022- 2023- 2024- 2025- 2026- 2027- 2028- 2029-
Capacity 23 24 25 26 27 28 29 30
G r e e r 548 466 457 469 474 477 472 473 474
J o u e t t 717 727 714 728 707 681 696 706 711
Albemarle 1,775 1972 2097 2116 2122 2169 2134 2164 2168
For Greer, the ten-year enrollment projections indicate a decrease in student enrollment of 1.5%
from 2020-21 school year to the 2029-30 school year. For Jack Jouett, enrollment of 10.2% for
the same time period is projected. For Albemarle High School, enrollment increase of 12.2% for
the same time period is projected.
The Albemarle County Public Schools Long Range Planning Advisory Committee
Recommendations, July 11, 2019 (the "Report") states that the middle schools have combined
adequate capacity, and a comprehensive planning study will evaluate needs and options to
consider new facilities, additions and renovations, boundary changes, grade level configurations,
and other solutions to meet schools' needs.
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." The two "centers"
that have been approved and funded by the County will serve 650 students. Center I, which
opened in 2018 and is located approximately three and a half miles from the Project, will serve
up to 250 students. Center I I will serve up to 400 students, with the goal to be open for instruction
in Spring 2023. Staff Report for CCP201900004, High School Center II, Planning Commission
Meeting (June 23, 2020).
Affordable Housinq: The Project will provide that 15% of the units representing the difference
between the number that could be developed on the Property under current zoning and the
number that could be developed following the rezoning to R-15 of TMP 60-51 and that portion of
TMP 60-24C1 zoned R-10, will be affordable to households making up to 80% of the Area Median
Income for a period of ten years.
14
Open Space: The Project will include large areas of open space, as shown on the plan set. The
building envelope areas are roughly clustered together to maximize the amount of open space
within the Project while also accommodating the necessary infrastructure (roads, parking, utilities)
and appropriate amenity areas.
Historic Resources: There are no known historic resources on the Property.
Zoning Ordinance Requirements
The Project is designed to comply with the requirements of the Zoning Ordinance that apply to
the R-15 Residential district. Section 18.1 of the Zoning Ordinance explains that the intent of the
R-15 district is to provide for "compact, high-density residential development," a "variety of
housing types," and "clustering of development and provision of locational, environmental and
developmental amenities." Further, R-15 zoning is appropriate in the Western Urban
Neighborhoods designated as Urban Density Residential: "R-15 districts may be permitted within
the community and urban area locations designated on the comprehensive plan."
The residential uses the Project proposes are all permitted by right in the R-15 district, which
includes the following residential uses, among other by-right uses:
Bv Riqht Uses
1. Detached single-family dwellings
2. Semi-detached and attached single-family dwellings
3. Multiple-family dwellings
4. Cluster development of permitted residential uses
5. Rental of permitted residential uses
15
APPENDIX TO NARRATIVE
Access fo Old Ivy Road; Property Zoning Hisiory
l. Access to Old Ivv Road
Each of the parcels, except Parcel 51, has deeded rights of access to Old Ivy Road through the
existing access road on the adjacent University Village parcels. Parcel 51 fronts Old Ivy Road
and has its own driveway. Therefore, each parcel has the right to access Old Ivy Road by road
frontage with existing driveways, by the University Villages access road, or both.
A. Parcels with Road Frontage
Parcels 24C3 and 51 have road frontage with driveways that access Old Ivy Road. The driveway
for Parcel 51 is shown in the County GIS maps as located on the adjacent Huntington Village
parcel to the east. However, a plat of record shows that Parcel 51 includes the existing driveway.5
Parcel 24C3 also has an existing driveway providing access to Old Ivy Road. This driveway
extends on to Parcel 24C. While Parcel 24C does not have direct road frontage with Old Ivy
Road, the existing driveway provides access. To the extent that Parcel 24C does not benefit from
a recorded right of access over Parcel 24C3, an access easement could be recorded once the
parcels are under common ownership.
B. Parcels with Access Through University Villages
Parcels 24C, 24C1, 24C3, and 24C4 all benefit from deeded rights of ingress and egress over
the access road that runs from Old Ivy Road through the University Villages parcels to the east of
the Site. In several deeds of record, this access road is called "Tufnell Road."
A brief history of these parcels is necessary to show how each parcel obtained the right to use
Tufnell Road.
1. History
Parcels 24C, 24C3, and 24C4 derive from a predecessor parcel of 28.29 acres referred to in this
narrative as "Old Parcel 24C".6 Before it was subdivided, Old Parcel 24C was comprised of what
is now Parcels 24C, 24C3, and 24C4, and a 0.969 acre portion of what is now Parcel 24C1.'
Parcels 24C1 and 24C4 previously comprised a single 5.0 acre parcel referred to as "Parcel X" in
the deeds and plats of record. Parcel X was created from a 3.439 acre portion of Old Parcel 24C
and a 1.561 acre portion of the parcel to the east of the Site that was eventually developed for
University Villages (referred to as "Old Parcel 53").a
5 Survey dated May 12, 1994, Deed Book 1407, Page 380.
s Survey dated July 28, 1982, Deed Book 862, Page 408.
' This area corresponds to the portion the Site with R15 zoning. In 1985, Old Parcel 24C was rezoned to
R15. All the land that was once part of Old Parcel 24C is still zoned R15 today.
e Survey dated May 5, 1989, revised June 23, 1989, Deed Book 1054, Page 573. At the time Parcel X was
created, Old Parcels 24C and 53 did not have identical zoning. The portion of Parcel X that was part of Old
Parcel 24 was zoned R15, while the portion that was part of Old Parcel 53 was zoned R10. Parcel X was
not ever rezoned. As a result, Parcel X had split zoning, which is still evident in Parcel 24C1 today. The
16
After Parcel X was created, the Virginia Department of Transportation ("VDOT") condemned
15.76 acres on the western portion of the Site for construction of the Route 29 Western Bypass.
VDOT condemned 13.29 acres of Old Parcel 24C and 2.47 acres of Parcel X, corresponding to
what is now Parcels 24C3 and 24C4 respectively. After the condemnation, Parcel 24C was
reduced to 11.583 acres, as it is today, and Parcel X was reduced to 2.53 acres and designated
on the County Tax Map as Parcel 24C1.
The Western Bypass project was rescinded in 2014 before the planned road construction began.
VDOT then conveyed what is now Parcels 24C3 and 24C4 to the successors in interest of the
prior owners of that land. As a result of these separate conveyances by VDOT, Parcels 24C3
and 24C4 are now separate parcels of land on the County Tax Map.
2. Parcels 24C and 24C1
On March 7, 1995, the owner of Old Parcel 53 granted an access easement for the benefit of Old
Parcel 24C.9 The easement area is fifty feet wide (which includes the Tufnell Road area) and
provides access along the eastern boundary of Old Parcel 53. The land underlying a portion of
this access easement was subsequently made part of Parcel X.
Immediately after this easement was granted, Parcel X was created.10 In the deed creating Parcel
X, the owner of Old Parcel 24C reserved an access easement across the land that it contributed
to Parcel X. This additional easement was reserved for the purpose of reaching the Tufnell Road
easement area on Old Parcel 53. Therefore, Parcel 24C currently has a deeded right of access
to Old Ivy Road via Tufnell Road, through Parcels 24C1 and the University Villages parcels."
1.561 acre portion of Parel 24C1 that was formerly part of Old Parcel 53 is zoned R10. The remainder of
Parcel 24C1 is zoned R15, as is the rest of the land that was formerly part of Old Parcel 24C.
9 Deed Book 1458, Page 154.
10 Deed Book 1458, Page 157.
" The precise location of the easement area on Parcel 24C1 is arguably unclear. The original access
reserved across Parcel X was described as follows at Deed Book 1458, Page 158:
The easement shall run along the existing roadway [i.e., Tufnell Road] as shown on the
survey, with the addition of such land from Parcel X as is necessary to equal fifty feet(50')
in width until it reaches the point shown on such survey as "L4", thence shall curve in a
southwesterly direction in such manner as the northwesterly edge of the fifty foot (50')
easement will adjoin point "L3", thence in a reasonable curve across Parcel X to the
remainder parcel.
This description likely places part of the access easement on a portion of Parcel X that was later taken by
VDOT. However,the parties planned for this contingency,and provided that the easement would be moved
in such case as follows:
It is further agreed that in the event a portion of Parcel X and/or the adjoining right-of-way
are acquired by the Virginia Department of Transportation or the County of Albemarle,
Virginia for development of additional public roads, the easements hereby granted and
reserved shall be relocated so as to immediately adjoin the land so acquired by the
Department of Transportation or County of Albemarle, if such relocation does not intertere
with improvements then existing on Parcel X. In such latter event, the easements will be
relocated in an area mutually agreed to by the parties hereto, their successors or assigns.
Note that this condition applies to the easements "granted and reserved," meaning that this condition
applies to the easement across Parcel X reserved by the owner of Old Parcel 24C.
17
Additionally, Parcel X was created with an appurtenant access easement over Old Parcel 53 to
Old Ivy Road. Therefore, Parcel 24C1 has a deeded right of access to Old Ivy Road via Tufnell
Road, through the University Villages parcels.
3. Parcels 24C3 and 24C4 (Former VDOT Parcels)
When VDOT condemned the land that is now Parcel 24C4, VDOT obtained an access easement
across Parcel 24C1.12 Likewise, when VDOT condemned the land that is now Parcel 24C3,
VDOT obtained an access easement across Parcel 24C.13 Accordingly, Parcels 24C3 and 24C4
have deeded rights of access to Old Ivy Road via Tufnell Road, which appear as access
easements in the certificates of take filed in connection with the VDOT condemnation of this land
from Old Parcel 24C and Parcel X.
Even if such access easements did not exist, Parcels 24C3 and 24C4 retain their rights to the
easements providing access via the Tufnell Road, which benefit Old Parcel 24C and Parcel X,
respectively. The only question of access would be whether (i) Parcel 24C3 has deed rights to
cross Parcel 24C, and (ii) Parcel 24C4 has deeded rights to cross Parcel 24C1, to reach the
Tufnell Road access easement. When all of the parcels in the Site are under common control,
there will be no issue in this regard. Parcels 24C3 and 24C4 will retain their access to the Tufnell
Road and further access easements could be recorded to the extent necessary to clarify access
rights.
IL Propertv Zoninp HistoN
Other than Parcel 51 (which is zoned R-1 Residential and is not subject to proffers), the entire
Site is governed by the zoning and proffers of either Old Parcel 24C or Old Parcel 53. Many of
the proffers made when those legacy parcels were rezoned still apply to the applicable portions
the Site.14 When land from both of these legacy parcels was combined to create Parcel X, the
resulting parcel had split zoning. That split zoning is still evident in Parcel 24C1 today.
The 28.309 acres of the Site zoned R15 are also subject to a proffer that limits the development
of the property to the R-15 density level subject to improved conditions along Old Ivy Road. While
the proffer allows developing this portion of the Site with the density, setbacks, dwelling-unit type,
and other characteristics permitted by the R15 zoning district regulations, the proffer limits the
number of units to the amount that would be allowed if the land were zoned R1 until Old Ivy Road
is improved to the satisfaction of the County Board of Supervisors. The proffer provides that when
the Board of Supervisors is satisfied that Old Ivy Road has been improved, then this portion of
the Site may be developed consistent with R15 zoning without restriction on the number of units.15
1z Deed Book 1761, Page 614.
13 Deed Book 1767, Page 95 ("The said route have been designated, or declared to be, a Limited Access
Highway ... the Commonwealth Transportation Commissioner of Virginia declares it necessary to be taken
any and all easements of access, light or air incident to the lands of the landowner abutting upon said
Limited Access Highway."). The location of this easement is shown on a map in the State Highway Plat
Book, which was not recorded with the Certificate of Take, and which we have not reviewed.
'^The County issued an official zoning determination letter regarding Parcel 24C1 on June 15, 2000. The
analysis below is based on the June 15, 2000 official determination letter, and our research has not found
any subsequent rezonings or proffers related to the Site since that date.
15 ZMA 85-21 Action Letter (October 11, 1985).
18
The 1.561 acres of the Site zoned R10 are subject to a series of proffers related to the University
Villages development, including ZMA 82-11, ZMA 87-08, and ZMA 96-20, and a legally binding
master plan (collectively, the "University Villages Proffers"). The master plan, which was last
amended in connection with ZMA 96-20, and shows a "health care facility" in this 1.561-acre
portion of the Site.16 The master plan would need to be amended to allow a different use in this
location. Furthermore, the University Villages Proffers provide that the uses on the property will
be limited to "a maximum of 204 residential units; an assisted living facility; a nursing home/health
care facility; and, service facilities, such as dining and recreational facilities, administrative offices,
and banking within the limits of accessory uses, as provided in the zoning ordinance." If a use
other than the foregoing, or if residential units exceeding the proffered limit, were proposed for
the portion of the Site subject to the University Villages Proffers, then both the master plan and
the University Villages Proffers would need to be amended.
45320055_5
's ZMA 96-20 Action Letter (December 26, 1996).
19