HomeMy WebLinkAboutZMA200700007 Staff Report 2007-11-27COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 2007 -007, McCauley
Staff: Judith C. Wiegand, AICP
Crossing (formerly Mermac Crossing)
Waiver of Section 19.9.1, Setback and Yard
Regulations
Waiver of Section 4.7.2, Uses Permitted in
Open Space
Waiver of Sections 14 -401 and 14 -419, Double
frontage lots and landscaping for double
frontage lots.
Planning Commission Public Hearing:
Board of Supervisors Public Hearing: January
December 4, 2007
16, 2008
Owner(s): Mermac, LLC
Applicant: Keith Whipple, of McKee Carson,
representing applicant
Acreage: 3.198 acres
Rezone from: R1 — residential (1 unit /acre) to
PRD — Planned Residential District, which allows
residential (3 — 34 units /acre) mixed with
commercial, service and industrial uses
TMP: TM 32, Parcel 35
By -right use: Approximately 3 residential units,
Location: 3226 Proffit Rd, Earlysville, VA
or 4.6 units with density bonus.
22911, property is on the south side of Proffit
Rd, approximately 1,000 feet east of US 29 in
the Hollymead Community. (See Attachment A)
Magisterial District: Rivanna
Proffers: Yes
Proposal: To create a small residential
Requested # of Dwelling Units: maximum of
community of townhomes with open space on a
30 units.
3.198 acre parcel south of Proffit Road and
east of Worth Crossing in the Community of
Hollymead
DA (Development Area): Community of
Comp. Plan Designation: Urban Density
Hollymead.
Residential, which allows residential (6.01 -34
units /acre) and supporting uses, such as
religious institutions, schools, commercial, office
and service uses.
Character of Property: Very gentle slope to
Use of Surrounding Properties: There is a
the south, nearly flat and rectangular site with a
church to the east and west of the subject
few trees and one residence.
property. To the south, there are a few
residences, as well as vacant parcels.
Factors Favorable:
Factors Unfavorable:
1. The proposed development will provide
1. The sidewalks shown on the application plan
housing in the Development Areas beyond
are next to the street. Instead the landscaped
what would be permitted under the current
strip with street trees should be between the
zoning district.
street and the sidewalk.
2. The development is designed according to
the principles of the Neighborhood Model,
2. Units 1 — 13 and 23 — 30 do not appear to
except for the principles on Pedestrian
face the unnamed public street and Proffit
Orientation, Neighborhood Friendly Streets
Road, respectively, as recommended in the
and Paths, and will provide an attractive
Neighborhood Model. There are also no
neighborhood located close to employment,
connections e.
( g•, paths) shown between the
retail, office, and other services.
fronts of units 1 — 13 and 23 — 30 and the
3. The public street is designed to provide a
sidewalks on the public street and Proffit
part of a local road network to serve this
Road.
development and future developments that
may be proposed around it.
RECOMMENDATION: Staff recommends approval of this rezoning from R1, Residential to
Planned Residential Development (PRD), provided that changes to the application plan are made
as recommended by staff (see pages 8 - 9 of staff report) and with the proffers subject to
modifications to address substantive and nonsubstantive matters identified in this report.
Staff also recommends that the Planning Commission approve the three waivers.
STAFF PERSON:
JUDITH C. WIEGAND, AICP
PLANNING COMMISSION: DECEMBER 4, 2007
BOARD OF SUPERVISORS JANUARY 16, 2008
ZMA 2007 -0007, McCauley Crossing
Waiver of Section 19.9.1, Setback and Yard Regulations
Waiver of Section 4.7.2, Uses Permitted in Open Space
Waiver of Sections 14 -401 and 14 -419, Double frontage lots and landscaping for
double frontage lots.
PETITION
PROJECT: ZMA2007- 00007, McCauley Crossing
PROPOSAL: Rezone 3.198 acres from R -1 zoning district which allows residential uses and 1 unit
per acre to Planned Residential zoning district which allows residential (3 — 34 units/ acre) mixed
with commercial, service and industrial uses for a total of 32 dwelling units.
PROFFERS: Yes X No
EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Urban Density Residential--
residential (6.01 -34 units /acre) and supporting uses such as religious institutions, schools,
commercial, office and service uses in the Hollymead Community.
ENTRANCE CORRIDOR: Yes No X
LOCATION: 3226 Proffit Rd, Earlysville, VA 22911, property is on the south side of Proffit Rd,
approximately 1,000 feet east of US 29 in the Hollymead Community.
TAX MAP /PARCEL: 32 -35
MAGISTERIAL DISTRICT: Rivanna
CHARACTER OF THE AREA
The parcel fronts on Proffit Road and is surrounded by other parcels zoned R -1 Residential. There
is a church to the east and the west of the parcel, with undeveloped property to the south. The
parcel itself slopes very slightly downhill from Proffit Road and currently has one house on it. Other
than the house, the property is covered with vegetation, mostly grasses with a few trees.
SPECIFICS OF THE PROPOSAL
The applicant proposes to create a small residential community of townhomes with open space on
a 3.198 acre parcel south of Proffit Road and east of Worth Crossing in the Community of
Hollymead. The proposal includes a public road that will offer access from Proffit Road to parcels to
the south, as well as a private road and alleys that serve the proposed development. Some of the
townhomes will be accessed through rear entry drives and others will be located on a private, one -
way street and accessed through front entry drives. A copy of the Application Plan is included as
Attachment B.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant would like to rezone this parcel in order to create a small residential community of
approximately 30 units that would provide housing to meet the growing need in the area. Such a
residential development would fit into the surrounding context and would be close to both existing
and planned employment, retail, commercial, and other services. Planned infrastructure aligns with
the future needs of neighboring properties and internal open space is provided for the use of the
residents. The proposed density is 9.422 du /acre.
PLANNING AND ZONING HISTORY
There is no zoning or subdivision history on this parcel, which has been zoned R -1 since adoption
of the County's Zoning Ordinance in 1980. The existing residence on the parcel was built in 1973.
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PLANNING COMMISSION BACKGROUND AND CHANGES TO PLAN
On August 28, 2007, the Commission held a worksession on the proposal to provide input to the
applicant and staff on several issues. The Commission made the following comments about
McCauley Crossing (taken from the Action Letter):
1. This is the time to facilitate the design of an interconnected street network and the
applicant should take the lead with the adjoining owner to help set it up.
2. Some PC members said that density should be increased, others said that the proposed
density was sufficient.
3. A greater setback from Proffit Road is essential in order to accommodate the widening of
Proffit Road and to keep the buildings from sitting right up against the street. There must
be a positive relationship of the buildings to Proffit Road. Commissioners stressed that
the applicant must meet regulatory requirements, such as parking and setbacks.
4. Some PC members said that the unit types shown were appropriate; others said that a
different unit type was needed to fulfill density expectations of the Comprehensive Plan.
The Commission stressed that our Development Areas are precious resources.
5. The applicant should expect to make cash proffers in accordance with the Board's policy
direction for all non - affordable units.
The current proposal differs from the prior proposal in these ways:
1. The applicant has worked with staff and, as much as possible, with the surrounding
property owners, to create the beginning of a network of interconnected public streets in
the area. The public road through the subject property is designed to serve as a
secondary connection between parcels south of the subject property (e.g., TMPs 32 -33
and 32 -34) and Proffit Road. Primary access to these southern parcels is envisioned to
be a local road that intersects Worth Crossing.
2. The current proposal shows 30 townhouses (no single - family detached houses) arranged
around a network of public and private streets and alleys. The applicant is proposing
townhouses because they can be used to create the small neighborhood envisioned by
the applicant, while providing units that are more marketable, according to the applicant.
The density of the current proposal is higher than the density in the previous proposal
(8.13 du /acre v. 9.42 du /acre in the current proposal). Staff believes that the proposed
development is compatible with the expected unit type and density in an Urban Density
Residential area. The proposal is also compatible with the surrounding uses.
3. The setback for those units (now units 23 — 30) adjacent to Proffit Road has been
increased to allow for the planned widening of Proffit Road.
4. The applicant is making a cash proffer in accord with the Board's policy to address the
impacts of the project on public facilities..
COMPREHENSIVE PLAN
The Land Use Plan shows that the subject property is located in the Community of Hollymead
and designated Urban Density Residential, which allows residential (6.01 -34 units /acre) and
supporting uses such as religious institutions, schools, commercial, office and service uses.
Planned Residential Development (PRD) is an appropriate zoning district in this designation.
The density of the proposed development is within the 6.01 to 34 du /acre for the Urban Density
Residential designation.
Specific Comprehensive Plan recommendations for the area are limited. Those
recommendations that relate to this proposal are:
Hollymead is intended to be a mixed -use community that allows people to live in close
proximity to their workplace, shopping and service areas. A wide variety of housing
types, services and jobs are anticipated. Community -wide automobile dependence
should be reduced by encouraging transit - oriented development and providing a full
range of pedestrian and bicycle facilities such as walkways and bike paths that connect
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residential neighborhoods and transit nodes to the employment/shopping and service
areas.
The proposal is for a small neighborhood of townhouses that is in close proximity to the
employment, retail, and service uses elsewhere in Hollymead. Residents of this neighborhood
will be within walking distance of workplaces, retail, and service areas along Worth Crossing.
Both sidewalks and bike lanes will be included along the improved Proffit Road when the new
three -lane section is constructed. The development could be served by transit via Proffit Road,
should such service become available.
Provide linkage between neighborhoods within the Hollymead Community (including
nonresidential areas) through the use of pedestrian and bicycle facilities, greenways/
linear parks, roads, and transit alternatives. The emphasis is on the linkage between
development areas, not just within each development.
The proposed neighborhood will be served by sidewalks, and bicyclists within the development
can use the street network. There will also be sidewalks and bike lanes along the improved
Proffit Road that will serve the development by connecting it to surrounding developments. The
main road through the proposed development will connect to potential developments to the
south. This is a small development, so there is no real opportunity to connect Development
Areas or add major public roads to serve a wide area.
Relationship to Places29 Master Plan:
The Future Land Use Framework Map in the draft Places29 Master Plan also shows this parcel
(and the surrounding parcels) as Urban Density Residential. So, no change in the land use
designation is proposed at this time with the adoption of Places29.
Open Space Plan /Parks & Green Systems Map:
The Open Space Plan shows no features on this property that warrant preservation. The Places29
Parks & Green Systems Map does not show any environmental or recreational features on the
subject property.
The Neighborhood Model: Staff believes that most of these principles are met, with the exception
of Pedestrian Orientation, Neighborhood Friendly Streets and Paths, Buildings and Spaces of
Human Scale, and Relegated Parking. Several of these, as noted below, may be met with changes
to the application plan.
Pedestrian The development's public road now has sidewalks on both sides. The private
Orientation roads have sidewalks on the side adjacent to the townhouses (not in the open
space area in the middle of the parking lot). These sidewalks are expected to
connect to sidewalks along Proffit Road and to neighborhood streets to the
south as this area develops. As shown, however, the sidewalks on the public
street are located adjacent to the curb rather than on the other side of the
planting strip that adjoins the curb. This principle is not yet met.
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Neighborhood
The location of the front entrances to many of the townhouses is not clear on
Friendly Streets
the application plan; the plan needs to show clearly that residents of units 1 —
and Paths
13 and units 23 — 30 will face and have access to the sidewalks along the
unnamed public street and Proffit Road, respectively. As now shown on the
plan, the front entrances appear to be on the same side of the townhouses as
the driveways and garage entrances, which staff interprets as the rear of the
townhouses. Having the backs of the units facing the public street and Proffit
Road is not an acceptable interpretation of the Neighborhood Model. The
applicant has stated that these units will "work well with Proffit," but has not
demonstrated that the units will have a face to Proffit Road and the unnamed
public street. This principle is not yet met.
Interconnected
McCauley Crossing will have its main entrance off of Proffit Road. The
Streets and
applicant has shown a road extending through the development as a main
Transportation
street and ultimately providing an interconnection to the south. Several
Networks
properties to the south that may have residential development in the future
would have access to Proffit Road along this main street (see road network
discussion below). This interconnection will also facilitate transit service to the
area, should transit become available. This principle will be met.
Parks and Open
The application plan shows four open space areas. The largest of these areas
Space
will be the site of the stormwater management facility for the development.
Another area contains a tot lot, while two others include benches and picnic
tables. The project narrative (Attachment C) describes how these four areas
will be used. The amount of open space shown on the plan is greater than the
25% required in a PRD and the quality is appropriate. This principle is met.
Neighborhood
McCauley Crossing is proposed to be a small residential neighborhood. As
Centers
such, it does not have a center. However, residents of this neighborhood will
be able to shop and find services at the centers along Worth Crossing and US
29. This principle is met.
Buildings and
The townhouses proposed in this development will have a maximum height of
Spaces of
35 feet and four stories. The buildings are close to Proffit Road and the
Human Scale
internal public and private streets, which will help with the sense of spatial
enclosure. However, because it is not yet clear which is the front side of some
units, pedestrians on Proffit Road or the unnamed public street in the
development may feel that they are walking past the backs of the buildings.
This principle is not yet met.
Relegated
Most of the parking shown on the application plan is internal to the site and is
Parking
relegated, if rear access is provided. Units 14 — 22 face the parking area, so
this principle is only partially met.
Mixture of Uses
Property designated Urban Density Residential is intended to be mixed use,
with a small amount of neighborhood -scale retail and /or commercial uses.
However, on a parcel as small as this one, creating a mixed use development
is all but impossible. Instead, this parcel, and others around it with the same
land use designation, are intended to develop residentially as support for
commercial and retail uses in nearby centers. Planned Residential District
(PRD) is primarily a residential district. No commercial or other uses are
proposed. Although the principle is not met on this small project, is it not
necessary that it be met.
Mixture of
Planned Residential District (PRD) is primarily a residential district. The
Housing Types
applicant is proposing a single housing type, townhomes. However, because
and Affordability
of the small size of the parcel and the density intended, a single type works
best for such a small development. The applicant's proposal includes five
affordable units. This will meet the County's 15% affordable housing policy.
STAFF COMMENT
Relationship between the application and the purpose and intent of the requested zoning
district: The following section includes excerpts from the Zoning Ordinance, Section 19.1, Planned
Residential Development (PRD):
The PRD is intended to encourage sensitivity toward the natural characteristics of the site
and toward impacts on the surrounding area in land development. More specifically, the
PRD is intended to promote economical and efficient land use, an improved level of
amenities, appropriate and harmonious physical development, and creative design
consistent with the best interest of the county and the area in which it is located.
In order for the applicant to provide a small residential neighborhood on a 3 -plus acre parcel, a
planned district is preferable. This district allows the applicant to site approximately 30 townhouses
on the property, where only 3 to 5 homes would have been possible under the current R -1 zoning.
Rezoning to PRD and constructing up to 30 townhomes is a more economical and efficient use of
the land. It also promotes the County's goal of directing growth into the Development Areas by
increasing the number of residential units possible on the site. This development offers open space,
with amenities, in proximity to employment, retail, commercial, and other services. The design
works well with the surrounding properties and will provide a portion of the local road network that
will be needed to support residential development on adjacent parcels.
To these ends, the PRD provides for flexibility and variety of development for residential
purposes and uses ancillary thereto. Open space may serve such varied uses as recreation,
protection of areas sensitive to development, buffering between dissimilar uses and
preservation of agricultural activity.
The applicant has been able to site 30 townhouses in this district because of the flexibility that
allows for smaller setbacks and yards. As noted above, the open space will serve several functions.
There are no sensitive areas that need protection.
Staff believes that the proposal meets the intent of the PRD district.
Public need and justification for the change:
The Comprehensive Plan indicates that this parcel (and surrounding ones) should develop as
residential. This housing will be available to employees of businesses in the area, as well as others.
A proposed neighborhood will encourage interaction among nearby residents and will provide
amenities in the open space to support that interaction. Providing housing as proposed also fulfills
the direction given in the Comprehensive Plan because the parcel is located in the Development
Areas.
The public road will provide a portion of the local street network important to continued development
of the area.
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This principle is met.
Redevelopment
There is one house currently on the site. The applicant proposes to move the
house, if possible. This principle is met.
Site Planning
This proposal works with the very gently sloping grade. This principle is met.
that Respects
Terrain
Clear
This property does not abut a Rural Area boundary, so this principle does not
Boundaries with
apply.
the Rural Areas
STAFF COMMENT
Relationship between the application and the purpose and intent of the requested zoning
district: The following section includes excerpts from the Zoning Ordinance, Section 19.1, Planned
Residential Development (PRD):
The PRD is intended to encourage sensitivity toward the natural characteristics of the site
and toward impacts on the surrounding area in land development. More specifically, the
PRD is intended to promote economical and efficient land use, an improved level of
amenities, appropriate and harmonious physical development, and creative design
consistent with the best interest of the county and the area in which it is located.
In order for the applicant to provide a small residential neighborhood on a 3 -plus acre parcel, a
planned district is preferable. This district allows the applicant to site approximately 30 townhouses
on the property, where only 3 to 5 homes would have been possible under the current R -1 zoning.
Rezoning to PRD and constructing up to 30 townhomes is a more economical and efficient use of
the land. It also promotes the County's goal of directing growth into the Development Areas by
increasing the number of residential units possible on the site. This development offers open space,
with amenities, in proximity to employment, retail, commercial, and other services. The design
works well with the surrounding properties and will provide a portion of the local road network that
will be needed to support residential development on adjacent parcels.
To these ends, the PRD provides for flexibility and variety of development for residential
purposes and uses ancillary thereto. Open space may serve such varied uses as recreation,
protection of areas sensitive to development, buffering between dissimilar uses and
preservation of agricultural activity.
The applicant has been able to site 30 townhouses in this district because of the flexibility that
allows for smaller setbacks and yards. As noted above, the open space will serve several functions.
There are no sensitive areas that need protection.
Staff believes that the proposal meets the intent of the PRD district.
Public need and justification for the change:
The Comprehensive Plan indicates that this parcel (and surrounding ones) should develop as
residential. This housing will be available to employees of businesses in the area, as well as others.
A proposed neighborhood will encourage interaction among nearby residents and will provide
amenities in the open space to support that interaction. Providing housing as proposed also fulfills
the direction given in the Comprehensive Plan because the parcel is located in the Development
Areas.
The public road will provide a portion of the local street network important to continued development
of the area.
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Impact on Environmental, Cultural, and Historic Resources:
There are no environmental, cultural, or historic resources on this property.
Anticipated impact on public facilities and services:
Streets: Trip generation figures provided by the applicant indicate approximately 300 daily trips
would be expected from the 30 townhouses in this development. This number of trips is not
expected to have a significant impact on Proffit Road. The public road through this development will
provide access to the parcels to the south and will become part of a neighborhood street network
once the adjacent parcels develop. The plan also shows a dedication along Proffit Road to
accommodate the potential widening of Proffit to three lanes. Comments from the Virginia Dept. of
Transportation (VDOT) are included as Attachment D.
Schools: School age children living in the proposed development will attend Baker - Butler
Elementary School, Sutherland Middle School, and Albemarle High School. Based on 30
townhomes, staff projects that this development will produce 4 elementary students, 2 middle
school students, and 2 high school students.
Fire and Rescue: This parcel is served by the Hollymead Fire Station now under construction west
of US 29 and off of Airport Road.
Utilities: The site is served by public water and sewer. Comments provided by ACSA are included
as Attachment E.
Anticipated impact on nearby and surrounding properties:
This proposed development will provide housing in the area and provide a portion of the local road
network. The townhomes are expected to work well with the surrounding churches and potential
residential development to the south.
Changes in this Proposal Still Necessary:
In addition to a few technical changes not listed here, the following more substantive items need to
be addressed:
1. Staff has requested that the applicant include language on the application plan that
addresses the "tightness" of the design and the fact that changes may be necessary at the
time the site plan is prepared and reviewed. The County Engineer has indicated that, even
though VDOT finds the width and design of the proposed public road acceptable at this time,
unexpected issues could arise during the site plan stage that may necessitate the width be
somewhat wider.. So staff is recommending that the following language be included on the
application plan:
This application plan is subject to all site plan and subdivision regulations unless
waivers have been received. Other than required elements of the application plan,
specific site planning details shown on this plan have not been approved by the
County or VDOT, including widths of streets shown on the plan.
2. On the application plan, the sidewalks and street trees along the public road need to be
reversed so that the street trees are between the public road and the sidewalk.
3. Currently, there is an access easement extending from Proffit Road south along the full
length of the eastern edge of the subject parcel. This easement provides access to two
parcels south of the subject parcel (TMPs 32 -33 and 32 -34). The owner of TMP 32 -34 lives
on her parcel and requires continuous access, including during construction of the public
road, which will replace a section of the current easement. The applicant has been asked to
include language on the application plan in order to provide uninterrupted access to the
parcels to the south. The applicant has also been asked to locate and provide alternate
access during the time the public road is under construction in order to allow uninterrupted
access to the parcels to the south. These changes are essential prior to the Board's
consideration of the proposal.
4. The application plan will need to show clearly that the fronts of units 1 – 13 and units 23 –
30 along the unnamed public street and Proffit Road, respectively, will face the street, and
that there is access from the front of the unit to the adjacent sidewalk.
5. Units 14 – 22 do not have backyards, only a very small setback. A waiver will be necessary
for these yards.
Private Street Analysis:
A private street may be authorized in the development areas for attached housing by the agent
under section 14 -233 of the Subdivision Ordinance. The agent has denied the request because the
16 -foot one -way travel aisle cannot meet private street standards as described in the Design
Manual. This one -way street, however, can meet site plan requirements. If the property were not
intended to be subdivided, the travelways could be approved. The applicant has appealed the
agent's decision so it is being considered as part of this rezoning.
Private streets may be authorized in the development areas, provided that the findings required by
section 14- 234(C) are made:
A. By the Commission. The Commission may authorize a subdivision to be developed with one (1)
or more new private streets in the following circumstances:
1) Neighborhood model development. The proposed private street(s) would enable the principles
of the neighborhood model to be more fully implemented than could be achieved with a public
street, without diminishing other principles of the neighborhood model, in the following
circumstances:
(i) the subdivision would have a streetscape more consistent with the neighborhood model;
The applicant is proposing to develop a small neighborhood on a small site. Allowing
a private road and an alley will provide frontage on a private street for units 14 – 22,
while not creating double- frontage lots for units 1 – 13 and 23 – 30. The private street
and alley are internal to the development; there is no need to connect them to other
developments. The private road /alley combination is proposed to be primarily one -
way, in order to allow traffic circulation and discourage cut - through traffic. This will
make it safer for pedestrians— residents and guests walking to cars, children walking
to the open space and so on.
(ii) the subdivision design would allow it to better achieve the density goals of the
comprehensive plan;
The private street /alley combination allows more units to be built on the site in a more
compact arrangement than wider, two -way public streets would.
(iii) rear vehicular access to buildings would be provided so that the buildings may face a
common amenity;
Units 14 – 22 are proposed to face the open space and parking area in the center of
the development. The other units will have rear entrances and driveways facing this
area. This criterion is met in the sense of units buildings facing an amenity, but they
also face parking spaces.
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(iv) or a significant environmental resource would be protected;
There are no significant environmental resources on this property.
(v) relegated parking would be provided to a greater extent than could otherwise be
provided.
Permitting a private street /alley combination allows most of the parking to be
provided behind the buildings, except for units 14 — 22, which face the parking area
and open space. This means that no parking is located between the units and Proffit
Road or between units and the unnamed public street, except for seven (7) parallel
parking spaces that are intended primarily for guests.
Requests under sections 14 -232 and 14 -233 shall be submitted, processed and acted upon as
follows:
A. A subdivider shall submit a request in writing to the agent at the time of the submittal of the
preliminary plat or may, within the development areas, submit the written request prior to submittal
of a preliminary plan or with an application to rezone the land.
The applicant has applied for the request in conjunction with the rezoning request. Staff
believes that this request is appropriate with the rezoning, rather than at the site
plan /subdivision phase, because the private street /alley combination is an integral part of
the proposed development; without the private street /alley, the application plan would have
to be completely redesigned.
B. In considering a request for approval of one or more private streets, the agent and commission
shall consider that:
(i) private streets are intended to be the exception to public streets;
Private streets are proposed in this development to allow internal circulation and do
not connect to other developments. The primary access to the proposed development
will be the public street that is proposed to extend through the property and form a
part of a network of local streets in the area around the subject property.
C. The agent and the commission may authorize one or more private streets in a subdivision if it
finds that one or more of the circumstances described in sections 14 -232 or 14 -233 exist and it
determines that:
1. The private street will be adequate to carry the traffic volume which may be reasonably
expected to be generated by the subdivision.
The streets will be adequate to carry the expected volume of traffic.
2. The comprehensive plan does not provide for a public street in the approximate location of
the proposed private street.
The comprehensive plan does not show any public or private streets in this area.
3. The fee of the private street will be owned by the owner of each lot abutting the right -of -way
thereof or by an association composed of the owners of all lots in the subdivision, subject in
either case to any easement for the benefit of all lots served by the street;
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An association is proposed to own and maintain the open space in the development. It will
also need to own and maintain the private street /alley.
4. Except where required by the commission to serve a specific public purpose, the private
street will not serve through traffic nor intersect the state highway system in more than one
location;
The private street /alley combination in this development is not expected to serve through
traffic or any other development. It is not expected to be connected to streets in adjacent
areas. It intersects the public street proposed for the development in two places to allow for
both resident and emergency vehicle access.
5. And if applicable, the private street has been approved in accordance with section 30.3,
flood hazard overlay district, of the zoning ordinance and other applicable law.
The flood hazard overlay district does not exist on the property.
Staff Conclusions: Staff believes that the proposed network of one public street and the private
street /alley combination is the most appropriate way to provide both an interconnected street
network in the area and the internal circulation that will best serve the townhouse development.
PROFFERS
Attachment F contains the current proffers. Wording changes are expected prior to the Board of
Supervisor's hearing to address non - substantive issues. Individual proffers are described below:
Proffer 1: The applicant agrees to provide five (5) units of affordable housing in support of the
Board of Supervisors' policy. The only change expected in this proffer is the addition of the usual
language regarding the Chief of Housing having the option to request cash in lieu of units at the
time or the preliminary site plan.
Proffer 2: The applicant is proffering cash in the amount of $11,900 for each single - family attached
unit that is not an affordable unit to offset impacts of the project on public facilities. This is
consistent with the Board's policy. The total amount expected from the sale of 25 townhouse units
(30 units less 5 affordable units) is $297,500.
Proffer 3: The applicant is proffering to reserve for future dedication to the County the area shown
on the application plan for transportation improvements, particularly the widening of Proffit Road.
The only language expected to be changed here is the addition of the exact name and date of the
application plan.
WAIVERS
The applicant has requested three waivers:
Waiver of Section 19.9.1, Setback and Yard Regulations
The applicant has submitted a letter requesting a waiver to permit construction of units 14 — 22 with
less than the required setback of 15 feet from the property line. A copy of the letter is included as
Attachment G. The property on the other (west) side of the property line is under a utility easement,
so the property cannot be built on. The property owners of the adjacent property have indicated that
they will grant a temporary construction easement to allow construction of these units (see
Attachment H). A permanent maintenance easement for this same area to allow ongoing
maintenance will be needed for units 14 - 22.
Staff recommends approval of this waiver subject to receipt of a maintenance easement.
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Waiver of Section 4.7.2, Uses Permitted in Open Space
Section 4.7.2, Uses Permitted in Open Space, states:
Unless otherwise permitted by the commission in a particular caser, open space shall be
maintained in a natural state and shall not be developed with any man -made feature. Where
deemed appropriate by the commission, open space may be used for one or more of the
following uses subject to the regulations of the zoning district in which the development is
located:
- Agriculture, forestry and fisheries including appropriate structures;
-Game preserves, wildlife sanctuaries and the like;
- Noncommercial recreational structures and uses;
- Public utilities;
-Wells and septic systems for emergency use only (reference 4.1.7) (Amended 6 -3 -81)
- Stormwater detention and flood control devices.
The applicant would like for the Commission to allow open space to be disturbed for recreational
structures and for stormwater management facilities. Technically, this is not a waiver, but, rather, a
request for permission to disturb, which is a usual request in the development areas.
Staff Comment: Staff recommends open space be allowed to be disturbed as the property is in the
development areas and none of the property has resources that are shown on the open space plan
Waiver of Sections 14 -401 and 14 -419, Double frontage lots and landscaping for double
frontage lots.
If the Planning Commission grants approval of the private street, a "double frontage lot" waiver
situation occurs. Double frontage lots can be approved administratively, but have been denied by
the agent. The applicant has appealed the agent's decision to the Commission. Analysis of the
request follows:
Section 14 -401 states:
Double frontage lots for single family detached and attached residential uses are prohibited.
The prohibition of double frontage lots may be waived by the agent as provided in section
14- 224.1. In considering a waiver request, the agent shall consider whether, because of
unusual size, topography, shape of the property, location of the property or other unusual
conditions, excluding the proprietary interests of the subdivider, the prohibition would not
forward the purposes of this chapter or serve the public interest. In approving a waiver, the
agent shall find that granting the waiver would not be detrimental to the public health, safety
or welfare or to the orderly development of the area. Double frontage lots shall be screened
as provided in section 14 -419.
Staff Comment: staff believes that allowing the units 1 — 13 and 23 — 30 to face the unnamed public
street and Proffit Road, respectively, and providing rear access from the alley will enable the
proposed design to be built. Without access from both front and rear, use of these units will be
inconvenient for the residents and their guests.
Section 14 -419 indicates that double frontage lots are to be screened as provided in section
32.7.9.8 of the zoning ordinance. These requirements may be waived by the agent, as provided in
section 14- 224.1. The agent has denied the request and the applicant is appealing that denial to
the Planning Commission.
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Staff Comment: Staff believes it is undesirable to screen these lots from Proffit Road or the
unnamed public street. The fronts of these units should be visible from the street. Also, units should
not be required to be screened from alleys or their parking lots.
SUMMARY
Staff has identified the following factors, which are favorable to this rezoning request:
1. The proposed development will provide housing in the Development Areas beyond what
would be permitted under the current zoning district.
2. The development is designed according to the principles of the Neighborhood Model and will
provide an attractive neighborhood located close to employment, retail, office, and other
services.
3. The public street is designed to provide a part of a local road network to serve this
development and future developments that may be proposed around it.
Staff has identified the following factors that are unfavorable to this rezoning:
1. The sidewalks shown on the application plan are next to the street. Instead the landscaped
strip with street trees should be between the street and the sidewalk.
2. Units 1 — 13 and 23 — 30 do not appear to face the unnamed public street and Proffit Road,
respectively, as required by the Neighborhood Model. There are also no connections (e.g.,
paths) shown between the fronts of units 1 — 13 and 23 — 30 and the sidewalks on the public
street and Proffit Road.
RECOMMENDATION
Staff recommends approval of this rezoning from R1, Residential to Planned Residential
Development (PRD), provided that changes to the application plan are made as recommended by
staff (see pages 8 - 9 of staff report) and with the proffers subject to modifications to address
substantive and nonsubstantive matters identified in this report.
WAIVERS
Staff recommends waivers for:
1. Section 19.9.1, Setback and Yard Regulations, with a condition that a maintenance
easement be acquired from the adjoining owner.
2. Section 4.7.2, Uses Permitted in Open Space
3. Sections 14 -401 and 14 -419, Double frontage lots and landscaping for double frontage lots.
ATTACHMENTS
ATTACHMENT A:
Location Map
ATTACHMENT B:
Application Plan, dated 11/05/07
ATTACHMENT C:
Project Narrative, dated 11/15/07
ATTACHMENT D:
VDOT Comments, dated August 8, 2007 and November 26, 2007
ATTACHMENT E:
ACSA Comments, dated July 12, 2007
ATTACHMENT F:
Proffers, dated November 20, 2007
ATTACHMENT G:
Letter requesting waiver of section 19.9.1, dated November 5, 2007
ATTACHMENT H:
Letter indicating intention to grant a temporary grading and construction
easement, dated, November 5, 2007
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