HomeMy WebLinkAboutZMA201600005 Staff Report Zoning Map Amendment 2016-09-16 COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA201600005 Foothills Daily Staff: Rachel Falkenstein
Property
Planning Commission Public Hearing: Board of Supervisors Public Hearing: To Be
September 13, 2016 Determined
Owners: Applicant: Scott Collins
TMP 56K-Al: Foothills Crossing Inc.
TMP 56-57 & 56A2-01-62: Route 240 Holdings
LLC
TMP 56A2-01-61: Route 240 LLC c/o Redlight
Management or Main Street Holdings
TMP 56-57B: Daily, Edmund J & Christopher
Daily & Cynthia Daily Dicano
Acreage: 37.91 Rezone from: Rezone 32.54 acres from R1-
Residential to R6-Residential; 2.13 acres from
R2-Residential to R6-Residential; 3.24 acres
from LI-Light Industrial to R6-Residential
TMP: 05600000005700, 056000000057B0, By-right use: up to 35 dwelling units
056K00000000A1, 056A2010006200,
056A2010006100
Location: West of Park Ridge Drive and Foothill
Crossing subdivision, north of Westhall
subdivision, northeast of Crozet Park, south of
Buckingham Branch Railroad.
Magisterial District: White Hall Proffers: Yes
Proposal: Request to rezone parcels from R1, Requested # of Dwelling Units: Up to 180
R2 and LI to R-6 Residential to allow for up to
180 residential units containing a mix of single
family detached units (a minimum of 50%) and
single family attached units (a minimum of 10%)
DA (Development Area): Crozet Comp. Plan Designation: Neighborhood
Density Residential — residential (3 —6
units/acre), supporting uses such as religious
institutions, schools and other small-scale non-
residential uses; Urban Density Residential —
residential (6 -12 units /acre), supporting uses
such as religious institutions, schools,
commercial, office and service uses; Light
Industrial — manufacturing, storage, distribution,
with supporting office, retail, R&D, flex,
commercial uses; Greenspace — public parks,
open space, environmental features in the
Crozet Master Plan
Character of Property: Partially wooded with a Use of Surrounding Properties: Existing
stream running along the southern portion of the portions of Foothill Crossing neighborhood are
property. to the east (R-1, single family detached)
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Westlake Hills (R-1, single family detached) a
mobile home park (R-6) and Crozet Park to the
south; vacant land (R-6, proposed future phases
of Foothill Crossing) to the east; single family
detached (R-2), railroad, and LI property to the
north.
Factors Favorable: Factors Unfavorable:
1. The request is consistent with the use 1. No commitment to provide key features
and density recommended by the Crozet of the concept plan has been made.
Master Plan. 2. Technical and substantive revisions to
2. The proposed development includes the the proffers are needed.
construction of portions of "Eastern
Avenue" and "Main Street" identified in
the Crozet Master Plan.
3. The request is consistent with applicable
neighborhood model principles.
4. The proposed development includes
dedication and construction of a portion
of the Crozet greenway trail to include a
pedestrian tunnel under Eastern Avenue.
RECOMMENDATION: Staff recommends approval of ZMA201600005 Foothills Daily Property,
provided recommended revisions are made to the proffers and application plan, as described
below, prior to the Board of Supervisors meeting.
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STAFF PERSON: Rachel Falkenstein
PLANNING COMMISSION: September 13, 2016
BOARD OF SUPERVISORS: To Be Determined
ZMA 201600005 Foothills Daily Property
PETITION
PROJECT: ZMA201600005 Foothills Daily Property
MAGISTERIAL DISTRICT: White Hall
TAX MAP/PARCEL: 05600000005700, 056000000057B0, 056K00000000A1, 056A2010006200,
056A2010006100
LOCATION: West of Park Ridge Drive and Foothill Crossing subdivision, north of Westhall
subdivision and northeast of Crozet Park, south of Buckingham Branch Railroad.
PROPOSAL: Request to rezone portions of parcels 05600000005700, 056000000057B0,
056K00000000A1 from R1-Residential to R6-Residential; parcel 056A2010006200 from R2-
Residential to R6-Residential; portion of parcel 056A2010006100 from LI-Light Industrial to R6-
Residential.
PETITION: Rezone 32.54 acres from R1-Residential zoning district which allows residential uses at
a density of 1 unit per acre, 2.13 acres from R2-Residential which allows residential uses at a
density of 2 units per acre, and 3.24 acres from LI-Light Industrial which allows industrial, office,
and limited commercial uses to R6-Residential zoning district which allows residential uses at a
density of 6 units per acre. A maximum of 180 units is proposed.
OVERLAY DISTRICT: EC- Entrance Corridor; Managed Steep Slopes
PROFFERS: Yes
COMPREHENSIVE PLAN: Neighborhood Density Residential — residential (3 —6 units/acre),
supporting uses such as religious institutions, schools and other small-scale non-residential uses in
the Crozet Masterplan; Urban Density Residential — residential (6 -12 units /acre), supporting uses
such as religious institutions, schools, commercial, office and service uses; Light Industrial —
manufacturing, storage, distribution, with supporting office, retail, R&D, flex, commercial uses;
Greenspace — public parks, open space, environmental features.
CHARACTER OF THE AREA
The site is located in eastern Crozet, just south of the Buckingham Branch Railroad and the
industrial properties of Starr Hill Brewery, Music Today and the currently vacant Wilson Jones
Property (formerly ConAgra). East of the site are existing portions of the Foothill Crossing
subdivision which were developed by-right with single family detached dwellings (zoned R-1). South
of the site is the Westlake Hills subdivision (R-1, single family detached) and a mobile home park
(zoned R-6), a few single family detached R-4 properties and Crozet Park. West of the site is
vacant land zoned R-6 with proposals currently under review for future by-right phases of Foothill
Crossing.
The property is vacant and partially wooded. There is a stream running along the southern property
line, which cuts through a portion of TMP 56-57B. There is a second stream, which cuts through
TMP 56A2-01-61 and runs along the northern boundary of the property to be rezoned (Attachment
A).
SPECIFICS OF THE PROPOSAL
The applicant is proposing to rezone portions of 5 parcels from R-1, R-2 and LI (Attachment B) to
R-6 residential to allow the property to be developed at a maximum of 180 single family dwelling
units. The proposal is for a mix of single family detached units, which will compose a minimum of
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50% of the development, and single family detached units, which will compose a minimum of 10%
of the development.
The applicant is proposing to construct portions of roadways recommended by the Crozet Master
Plan. The development will include a portion of Eastern Avenue, which is a north-south roadway
through the property. The applicant proposes to construct a portion of the roadway that will connect
Park Ridge Street to the portion of Eastern Avenue to the south that is currently under construction
within the Westlake Hills subdivision.
The applicant also proposes to construct a portion of the road identified in the Crozet Master Plan
as "Main Street." This will be an extension of Park Ridge Street through the development, which is
expected to be extended through future by-right phases of Foothill Crossing and connect to Hill Top
Street within Parkside Village.
The applicant is proffering a greenway trail along the southern property line to include a pedestrian
tunnel under Eastern Avenue. The concept plan also shows a trail connection to Crozet Park to the
south and trailway connectivity to neighborhood streets. The applicant is proffering a civic area,
shown within the center of the development on the concept plan which will include a minimum of
20,000 square feet.
The final design and layout of the lots and streets will be determined at subdivision and site
planning phase. The concept plan includes notes stating that the road network will be developed in
a grid pattern and that cul-de-sacs shall not be utilized unless it is not feasible to connect streets. All
neighborhood streets will have sidewalks and street trees (Attachment C).
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant has made this request so that this development will be consistent with the existing R-
6 zoned property to the west. Doing so will allow the proposed Eastern Avenue to be the dividing
line between the lower density portion of Foothill Crossing (R-1) and the higher density portion (R-
6), which the applicant argues is a logical transition point from one zoning district to another
(Attachment D).
COMMUNITY MEETING
The Community Meeting for this project was held on March 16, 2016 at 7:00pm at the Meadows in
Crozet Virginia as part of the monthly Crozet Community Advisory Committee meeting (Attachment
E). Several members of the public were in attendance and issues discussed included:
• the proposed density of the development;
• the infrastructure needed to support the development; and
• the treatment of the greenway trail crossing of Eastern Avenue,
all of which are discussed later in this report.
PLANNING AND ZONING HISTORY
• There are no Zoning Map Amendment applications or Special Use permits associated with this
property.
• Several portions of Foothill Crossing have been developed and/or proposed by-right on portions
of the property and there are several site plan, subdivision and road plan applications
associated with the multiple phases of this development.
COMPREHENSIVE PLAN
The Crozet Master Plan calls for this area to be a mixture of the following land use designations
(see map inset below):
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Neighborhood Density (yellow) — Portions of TMP 56-57, 56-57B, 56A2-01-62 and 56K-Al are
shown as Neighborhood Density Residential with a desired density of 3-6 residential units per
acre. Housing in these areas is recommended for primarily single family detached with some
single family attached/townhouses.
Urban Density Residential (orange) — Portions of TMP 56-57 and 56A2-01-62 are shown for
Urban Density Residential which represents primarily residential uses with a density of 6-12
residential units per acre. All housing types are found in this category, including single family
detached, townhouses, and apartments.
Light Industrial (purple) —TMP 56A2-01-61 is designated Light Industrial, which represents uses
that involve manufacturing, predominantly from previously prepared materials, of products or
parts. This area was not intended to be used residentially; however, due to the presence of the
stream buffer which separates that parcel into two areas and the shallow depth of the southern
part of the property zoned LI, staff does not see an issue with using this small portion of the site
for residential use and a stormwater facility to serve the development since it is unlikely that this
portion of the site will develop industrially.
Greenspace (green) — portions of TMP 56-57, 56-57B and 56A2-01-61 are designated for
Greenspace, which refers to all existing and proposed public parks, public open space,
environmental features and active park areas. The areas of greenway on this site correspond
with stream buffers and are expected to be preserved.
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Staff has calculated the approximate net density of the proposed development by subtracting
out areas designated for Greenspace and Light Industrial and determined the "developable"
area of the site to be approximately 32.2 acres out of 37.91 acres total. At a maximum buildout
of 180 units, the overall density of the site would be approximately 5.6 units/acre. When taking
into consideration this site is designated for both urban density and neighborhood density, the
proposed density falls below the high end of the recommended density of this site. Staff
calculated the recommended density range for this site to be between 133 and 227 units.
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No commitment to the location and lot layout has been made; however, the maximum density
throughout the development will not exceed maximums recommended by the Crozet Master
Plan.
The applicant is also providing transportation improvements consistent with those
recommended in the Crozet Master Plan. The applicant is constructing a portion of Eastern
Avenue and Main Street through this development. More information about the proposed
roadways is provided below.
The Parks and Green Systems Plan calls for a greenway along the stream on the southern
portion of this property and a civic space on the property, both of which the applicant is
providing.
The Parks and Green Systems Plan also shows a proposed elementary school on this site.
Staff contacted schools staff to see if this property would be of interest to them for a future
school site and they did not feel it would be an adequate school site for their needs.
The Neighborhood Model: Staff's analysis below indicates how well this proposal meets the 12
principles of the Neighborhood Model.
Pedestrian The applicant is providing sidewalks and street trees along all roadways
Orientation within the development. A greenway trail will be provided along the
southern property line that will connect to Crozet park and to
neighborhood streets within the development as shown on the concept
plan. This principle has been addressed.
Mixture of Uses The Crozet Master Plan calls for this area to be developed primarily
residentially. Although both residential designations allow for a mixture of
residential and non-residential uses, no mixture is proposed. This is not
problematic because the area is designated primarily for residential uses
and it is within walking distance to two centers: Crozet Park and the
Music Today area. This principle is not applicable.
Neighborhood A centrally located civic space in addition to the greenway/trail has been
Centers incorporated into the design of the development. The development will
be connected to a nearby center, Crozet Park, with a trail connection.
This principle has been addressed.
Mixture of The applicant proposes a mix of single family detached units (a minimum
Housing Types of 50%) and single family attached units (a minimum of 10%). The
and applicant is proffering 15% affordable housing in the form of for-sale
Affordability affordable housing units, for-rent housing units and/or cash in lieu of
constructing affordable units. This principle has been addressed.
Interconnected The applicant proposes an irregular grid pattern of streets within the
Streets and development and cul-de-sacs will only be used where the Director of
Transportation Planning determines that features such as streams or steep terrain
Networks prohibit a grid network, according to a note on the concept plan. Staff
has asked for a stronger commitment for this feature in the form of a
"general accord" proffer (see proffer section below). The proposal also
includes road connections to adjacent developments including the
connections to Foothill Crossing I and Westlake Hills. This principle can
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be addressed if the applicant includes "interconnected streets" as a
major element of the proffered plan.
Multi-modal Bike lanes and sidewalks are provided along Eastern Avenue and Park
Transportation Ridge Drive, sidewalks will be provided on all neighborhood streets and
Opportunities a greenway trail connection is provided. This principle has been
addressed.
Parks, A centrally located civic area of at least 20,000 square feet is proposed.
Recreational Final design of the civic area will be completed prior to the issuance of
Amenities, and the 10th Certificate of Occupancy on site. A greenway trail will be
Open Space established along the stream, south of the development to include a
tunnel under Eastern Avenue and a trail connection to Crozet Park. This
principle has been addressed.
Buildings and Proposed setbacks meet the newly adopted neighborhood model
Space of setbacks and will help locate buildings close to the street to provide easy
Human Scale access for pedestrians. The concept plan contains a note requiring that
buildings to be oriented toward public streets; however, staff does not
feel this language will prevent the backs of houses from facing public
streets. Additional language should be provided to state that backs of
houses shall not face public streets, even if double frontage lots with
open space separating lots from the street are proposed; or if design
necessitates the backs of houses face public streets, then building
treatments should be provided reduce the appearance houses backing
up to the street. This principle can be addressed with the revision to note
9 on the concept plan.
Relegated The applicant has addressed this principle by requiring that front loading
Parking garages be setback at least 3 feet behind the primary residence. This
principle has been addressed.
Redevelopment This proposal is for new development on a greenfield site within the
Development Area. This principle does not apply.
Respecting A proposed grading plan was not provided as part of the concept plan;
Terrain and however, there are no identified preserved slopes on the property. Any
Careful disturbance to the managed slopes on site will be required to meet the
Grading and design standards within the ordinance. This principle has been
Re-grading of addressed.
Terrain
Clear The proposed development is centrally located in the development area
Boundaries and does not share any boundaries with the rural areas. This principle is
with the Rural not applicable.
Area
Relationship between the application and the purpose and intent of the requested zoning
district
The purpose and intent of the R-6 Residential zoning district is to:
• Provide for compact, medium density residential development;
• Permit a variety of housing types; and
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• Provide incentives for clustering of development and provision of locational, environmental
and developmental amenities.
This development will be a cluster development providing a minimum of 25% open space. The
proposed development incorporates a mixture of housing types with provisions for a greenway trail
and civic space/park.
Anticipated impact on public facilities and services
Streets:
The development will include a portion of"Eastern Avenue," which is a north-south roadway
recommended by the Crozet Master Plan. The roadway is intended to provide a connection
between Route 240 and Route 250, once completed in its entirety. The applicant proposes to
construct a portion of this roadway that will connect Park Ridge Street to the portion of Eastern
Avenue to the south that is currently under construction with the Westlake Hills subdivision.
The applicant also proposes to construct a portion of the road identified in the Crozet Master Plan
as "Main Street." This will be an extension of Park Ridge Street through the development, which will
eventually be extended through future by-right phases of Foothill Crossing and connect to Hill Top
Street within Parkside Village. It is expected that the final portion of this roadway, west of Hill Top
Street, will be constructed with the redevelopment of the Barnes Lumber property providing a future
east west connector road to Crozet Avenue.
One of the major concerns residents expressed during the community meeting was the additional
traffic that would be generated by this development and the fact that this development would be
constructed before the road infrastructure is fully completed. Residents were concerned that the
final portions of Eastern Avenue connecting to Route 250 and the portion of Main Street connecting
to downtown Crozet would not be completed before this development, therefore adding more traffic
onto existing roadways. The southern portion of Eastern Avenue is expected to be completed by a
combination of developers and the County. It is anticipated that the County will construct the bridge
across Lickinghole Creek and that developers will construct the remaining portions of the road
through future developments. The Lickinghole Creek bridge project is not part of the current CIP
and there are currently no plans under review for portions of this roadway south of Westlake Hills.
Though the residents' concern is valid, staff expects connectivity in this area to improve as a result
of the development. The portion of Eastern Avenue through this property will provide new
connections between residences south of the development and Route 240 via Park Ridge Street.
Additionally, once the future by-right phase of Foothill Crossing II is completed there will be a new
east-west connector for residents living east and west of the development. Exact locations of
neighborhood streets will be determined during the subdivision or site planning phases.
Schools:
Students living in this area would attend Brownsville Elementary School, Henley Middle School, and
Western Albemarle High School. Based on the number and type of units proposed the following
yield of students is estimated for this development. (These estimates assume a 50/50 mix of single
family detached and townhouse units, and a maximum build out of 180 units. Actual buildout is
likely to vary from this.)
Type of Dwelling Unit Elementary Middle High Total
Single Family 13.7 9.2 10.9 33.9
Single Family Attached 10.4 5.9 5.0 21.3
Total 24.1 15.1 15.9 55.2
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The school division is aware of the proposed development and is cognizant that Crozet continues to
be a growing area. As the Crozet Master Plan is fully realized, growth must be closely monitored as
these Western schools do not have the long-term capacity to support all of the additional growth
expected in this part of the County.
Fire and Rescue:
Fire and Rescue service is provided through the Crozet Volunteer Fire Station and Western
Albemarle Rescue Squad. Fire/Rescue has no objection with this development as proposed.
Utilities:
This project is in the water and sewer service jurisdictional area and both services are available.
ACSA and RWSA did not identify any capacity issues with this proposal but the applicant will need
to provide a capacity analysis with the site plan or final subdivision plat.
Anticipated impact on environmental, cultural and historic resources
Environmental resources on the site include a stream and stream buffer and small amounts of
managed slopes. The applicant has proffered to dedicate the stream buffer south of the
development as a greenway with a primitive trail. Treatment of the stream buffer on the northern
portion of the site will be subject to WPO requirements and disturbance of managed slopes must be
in accord with design standards within the ordinance. The applicant has stated that no stormwater
management facilities will be located within the stream buffers.
Anticipated impact on nearby and surrounding properties
At the Community Meeting for this project members of the community expressed concerns with the
impacts of this development on surrounding properties and the community (Attachment E). The
Community's concerns are summarized below with staff comment in italics.
• Additional traffic generated by this development will overwhelm existing roadways and
construction of this project prior to the completion of Eastern Avenue and Main Street is
premature.
Though the entirety of these roadways will not likely be completed prior to the construction
of this neighborhood, this development will include significant sections of these roadways
that will increase connectivity of existing neighborhoods within the vicinity of the
development and will set the framework for completion of the remaining projects. If this site
were to develop by-right, there would be no guarantee that the applicant would construct the
roadways as recommended by the Crozet Master Plan and the neighborhood would not be
required to develop using a grid pattern of streets.
• The proposed density seems unnecessarily high and nothing within the Master Plan says
the current zoning is inappropriate for this area.
As mentioned above, the Master Plan calls for this area to be a mix of Neighborhood
Density Residential (3-6 units per acre) and Urban Density Residential (6-12 units per acre).
The existing R-1 zoning is much lower than what is recommended by the Master Plan.
• Having an at-grade crossing for the greenway trail at Eastern Avenue will be unsafe and
require very steep grades for the greenway trail.
The initial application plan did not provide for a tunnel for the Greenway Trail crossing of
Eastern Avenue. Based on feedback from the public at their community meeting, and a
letter circulated by members of the Crozet Trails Crew with over 100 signatures (Attachment
G), the applicant has agreed to proffer a tunnel for the trail under Eastern Avenue rather
than an at-grade crossing. Parks and Rec staff is supportive of the proposed tunnel.
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Public need and justification for the change
The County's growth management policy says that new residential development should occur in the
in the designated Development Areas where infrastructure and services are provided rather than in
the Rural Area. This development will include portions of roadways recommended by the Crozet
Master Plan that will, in the short-term, improve connectivity for nearby neighborhoods and in the
long term will provide important linkages to and from the development to downtown Crozet and
Route 250.
PROFFERS
Proffers are provided in Attachment F and summarized below. They are in need of both substantive
and technical changes as described in the staff comment provided in italics.
• Proffer 1. Park Ridge Drive: The completion of Park Ridge Drive with bike lanes, parking,
sidewalks and street trees to be completed prior to the 10th Certificate of Occupancy (CO).
• Proffer 2. Eastern Avenue: The completion of Eastern Avenue with bike lanes, parking,
sidewalks and street trees to be completed prior to the 50th CO.
• Proffer 3. Greenway Trail: The construction of the greenway trail and bike/pedestrian tunnel as
shown on the concept plan prior to the 10th CO.
• Proffer 4. Civic Space: A 20,000 square foot civic space in the location shown on the concept
plan prior to the 10th CO.
• Proffer 5. Cash Proffers: The applicant is proffering to provide the following amounts for
market rate dwelling units after the issuance of the 35th CO: $4,918.00 for each single family
detached, $3,845.00 for each single family attached unit, and $5,262.00 for each multi-family
unit.
These amounts are consistent with the FY16 Fiscal Impact Advisory Committee (FIAC)
recommended numbers.
Based on the recent changes to the state code on cash proffers, the Board of Supervisors
repealed the cash proffer policy on June 8th, 2016. This application was submitted
approximately three months prior to the repeal and has been reviewed under the old policy
using the most recent FIAC generated amounts, which was based upon the FY16 CIP. The
Board of Supervisors agreed to review the proposal and impacts under the prior cash proffer
policy with an updated analysis based on the FY17 CIP.
Revised cash proffer amounts based on the FY17 CIP is underway, but has not been completed
as of the writing of this report. Also as of the writing of this report, the applicant has not yet
provided justification or analysis of proposed cash proffer amounts as requested.
This proffer should be updated once the FY17 amounts are available and additional analysis of
the impacts of this development and cash proffer amounts should be provided for staff comment
prior to the Board of Supervisors meeting.
• Proffer 6. Affordable Housing: The applicant is proposing 15% affordable housing in the form
of for-sale affordable units, for-rent affordable units or cash in lieu of constructing affordable
units.
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Proffer 6A references the incorrect index of"...incomes less than 80% of the area median
income..."when it is ..."65% of VHDA's Maximum Sales Price for first-time homebuyer
programs.'; according to the County's Housing Director. This should be either be corrected or
changed to refer to the index in effect at the time or another reference acceptable to the
Housing Director.
Technical fixes are also needed throughout this proffer to correct numbering mistakes
(paragraph 6 is repeatedly referred to as paragraph 4).
• Proffer 7. Cost Index: This proffer is for the adjustment of proffer amounts that will follow the
Marshall and Swift Cost Index for the cash contributions required by Proffers 5 and 6.
The Marshall and Swift Cost Index includes many different categories for cost estimates and
staff recommends that this proffer be amended to more specifically identify the cost index to be
used. Staff recommends that this proffer be updated to identify the index for masonry walls in
the Mid-Atlantic as a basis for adjustment.
• Concept Plan: In the beginning of the proffer statement the applicant states that future
development of the property shall be in general accord with the application plan dated July 18,
2016; however, there is no identification of major elements, which describe key features of the
plan.
Staff recommends that the applicant include a separate proffer that identifies the major
elements from the application plan to include the number or range of proposed dwelling units,
mixture of unit types, interconnectivity of neighborhood streets as stated in note 13, greenway
trail connection to Crozet Park, a requirement that building backs not face public streets (or
frontage treatment required when backs must face streets). The proffer should also identify who
determines if the development is in general accord with the concept plan (staff recommends the
Director of Planning and Zoning Administrator).
SUMMARY
Staff has identified the following factors, which are favorable to this request:
1. The request is consistent with the use and density recommended by the Crozet Master
Plan.
2. The proposed development includes the construction of portions of"Eastern Avenue" and
"Main Street" identified in the Crozet Master Plan.
3. The request is consistent with applicable neighborhood model principles.
4. The proposed development includes dedication and construction of a portion of the Crozet
greenway trail to include a pedestrian tunnel under Eastern Avenue.
Staff has identified the following factors which are unfavorable to this request:
1. No commitment to provide key features of the concept plan has been made.
2. Technical and substantive revisions to the proffers are needed.
RECOMMENDATION
Staff recommends approval of ZMA201600005 Foothills Daily Property, provided
recommended revisions are made to the proffers, as described above, prior to the Board of
Supervisors meeting.
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PLANNING COMMISSION MOTION:
A. If the ZMA is recommended for approval: Move to recommend approval of ZMA201600005 with
proffer revisions as recommended by staff.
B. If the ZMA is recommended for denial: Move to recommend denial of ZMA20160005 with the
reasons for denial.
ATTACHMENTS
A — Location Map
B — Existing Zoning
C — Concept Plan
D — Narrative
E — CAC Meeting Minutes 3-16-16
F — Proffers
G — Letter from the community (greenway trail tunnel)
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/ \ \ \ \ \ \ III 1 \ \ l / / \ \ // - -� \�\ / �/ // Y� I. INFORMATION PROVIDED BY ROUDABUSN GALEBASSOCIATES
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ri I IN I.I'�-- / \ \ \ / \ \ \ \\ \-\ I . 1'FROM CIVIC CENTER AREA / 1 / I 1 \ \` \ ��\�\\-__--- Y��_ - \ \\ \ \ \ TO CROZET PARK �/ I \ �` /' _ �..,, g 'g $
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/ / 1 \ I \ \\ \ \ \ \ / / \ f / ��/// \ I \ I / APPLICATION PLAN FOR THE DESIGN OF THE STREETS
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\ \ / !!-- // i _ AND/OR MEETING AREAS SHALL BE PROVIDED WITHIN THE PROPOSED CMC AREA THE CIVIC
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'// / I I PARCELS PART OF THE REZONV.G PUN\ \\ \\ \\ - TRAILFEAD ...���/// iY \ \ \ \ -1 �� �/ /////�---..\\ 6 THE PROPOSEDOPEN SPACEAREAS MAYBE EXPANDED DURINGTHE DESIGN PHASESTOWset\ \\ \\ \` \PARK _ / �, 4J • k \\ \ \ �'•"�7ED aC ' '-- -.. /, _'��i j//�j��^'.\,r I // �PRIMITNE TRAILWAY ALLOW AND ERO AREA TO ACCOMMODATE UTILITIES,5TORMWRTH Z 0 F
\ - \ /( L ;• ioo•=TREAIB•EkLFff2R- -8lac•.� - -.� �_ _- //// // \1 I '/ MANAGEMENT,AND EROSIONCONTROLMEASURES,AS NE[ESSARYFOR THEO I— (n\\ \ \ _ -- _, --' I Y• ` I \\ \\ \\\\\\-_ -'^�CF - / / / / / / �lJ -'---//�/��/^ I / // / 10D'WATER PROTECTION&iFER DEVELOPMENT THE PROPOSED DEVELOPMENT SHALL H4VEAMNMUM OF xS%OPEN r' \ 1 -C\ \ \ ��- - - � • / ``\\ \ \�- --- --- / / / / / \ \ / / _- - /////-' / / // (D,,�•.8B..�� PROPOSED LOCATIONOFCMC MASTERSTORMWATERMANAGEMENTPLANSHALLBECOMPLETEDANDSUBMITTEDTO SPACE N Qcy,
\ \ \ \\ ^-' �,M1~ I , \\\\ \mow, -_ - l \\ / / / / I \._ II ---- ///f/ - I ////// / '•.jkgy O SPACE 7 ALBEMARLE COUNTY FOR RENEW AND APPROVAL,PRIOR TO THE APPROVAL OF THE FRST lJ z/ _� \ \ 'ten fate-I\I:241f RI \ \ _ -- / \ // / I/ INMAL SITE PLAN ORSUBDNISON PUT ALLSTORMWATER MANAGEMENT FACILITIES SHALL
_S-,'S 44� \ _ �' ' \ �1, \ \ \ �_ /-� I / I '- I1.-- -.Y---/I/ II I fl / / I I MANAGED SLOPES BE LOCATED OUTSIDE OF THE WATER PROTECTION BUFFER AREAS. J J
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Attachment I)
Daily Property Rezoning: Project Narrative
February 16, 2016
PROJECT PROPOSAL
The project proposal, including its public need or benefit; (be as descriptive as possible)
The proposed rezoning of land within Foothills Crossing represents the final section of a new
neighborhood located within the County's growth area. Since 1960, the County has seen a steady
pattern of growth,and in order to protect and preserve the Rural Areas, growth should be
accommodated within the Development Area. The goal of rezoning this small portion of land is to
bring parcels into the R-6 zoning district for consistency with other portions of the same parcel as
well as other adjacent parcels within the development. A vast majority of the Foothills Crossing
development will be constructed per the by-right zoning,and the section of the Eastern Avenue
Connector Roadway,that will be installed as part of this development,creates a more logical
transition from one type of zoning to another.
Description of the properties to be developed(tax map and parcel number,total acreage, existing
buildings and uses/activities current on the property, existing zoning and Comprehensive Plan land
use designation)
Properties to be Developed:
TMP 56A2-01-62 56-57* 56-57B* 56-A2-01- 56K-Al*
61*
Owner Route 240 Route 240 Edmund& Route 240 Foothills
Holdings Holdings LLC Christopher LLC Crossing INC
LLC Daily&
Cynthia Daily
DiCanio***
Acreage 2.13 20 total 26.88 total 13.05 total 41.75 total
Existing Use Vacant Vacant Vacant Vacant Vacant and
Buildings single family
residences
Existing R-2 R-6 and R-6 and Heavy R-1
Zoning Residential R-1** R-1** Industry Residential
Proposed R-6— R-6 R-6 R-6—open R-6
Zoning includes space for
stormwater stormwater
facility facility
Comprehensive Neighborhood Urban Density Neighborhood Light Neighborhood
Plan Density Residential + Density Industrial + Density
Designation Residential Neighborhood Residential Green Residential
Density Residential Space
* Rezoning includes portions of these properties. See attached exhibit for limits of rezoning.
** Rezoning of R-1 portion to R-6.
*** Route 240 Holdings LLC is contract purchaser.
Attachment D
A brief description of the surrounding properties including the uses on site(i.e. residential,
commercial,vacant,etc. and character of the property(mostly wooded, in pasture,etc.)
The properties to be developed are surrounded by a mix of residential and industrial property.
Properties to the west of the proposed rezoning are already zoned R-6 and are being developed by-
right. Properties to the east are primarily R-1 Residential Zoning. As part of this rezoning,portions
of the"Eastern Avenue"Connector Road will be constructed,creating a natural transition point from
R-6 to R-1.
CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed project's consistency with the comprehensive plan, including the land use plan and the
master plan for the applicable development area;
The proposed rezoning is consistent with the Crozet Masterplan and accomplishes some important
goals featured in the plan. The Comprehensive Plan designation for the properties to be developed is
Neighborhood Density Residential,which envisions densities between 3-6 units per acre. The
proposed R-6 Residential zoning district would allow for development consistent with this vision,
and it also creates consistent zoning with the property that is being developed immediately to the
west that is already zoned R-6 Residential.
Portions of two important transportation connections in the Crozet Masterplan will be constructed as
part of the proposed rezoning. "Main Street"or Park Ridge Street provides a crucial east west
linkage through the site that will connect out to Route 240 and eventually into the Barnes Lumber
site. "Eastern Avenue"begins to create the north south connection between Route 240 and Route
250. As proposed,these roads create a stronger grid pattern that connects a variety of neighborhoods
to one another and to important resources within the community. By creating these links, options to
conveniently drive,bike or walk a variety of places are now available.
IMPACTS ON PUBLIC FACILITIES&PUBLIC INFRASTRUCTURE
Foothills Crossing provides a considerable public benefit by enhancing the overall street network of
Crozet and causing the construction of significant portions of two major roads called out in the
Crozet Masterplan,Main Street and Eastern Avenue. The R-6 residential development pattern
matches the properties that are directly adjacent and also part of this development,while Eastern
Avenue creates a clear transition from R-6 to R-1 residential zoning.
IMPACTS ON ENVIRONMENTAL FEATURES
The Foothills Crossing rezoning conceptual plan is designed in such a way that stream buffers are
protected and greenways are preserved. Stream crossings are avoided in favor of providing critical
pieces of a greenway trail network that will connect Foothills Crossing with Crozet Park and other
nearby neighborhoods. 1�jr; ; :�;•
PROPOSED PROFFERS TO ADDRESS IMPACTS
The draft proffer statement is included with this submittal. ;'i i�1UMlrfti.�J
Attachment E
Crozet Community Advisory Committee—Minutes
Wednesday,March 16,2016 from 7:00 p.m. to 9:00 p.m. .
The Meadows, Crozet, Virginia
CCAC members present: Dave Stoner (Acting Chair), Phil Best, John Savage, Lisa Marshall,
Brenda Plantz, George Barlow, Beth Bassett, Leslie Burns, Kim Guenther, Jon McKeon, Alice
Lucan, Susan Munson, Ann Mallek(Board of Supervisors), Jennie More (Planning Commission)
CCAC members absent: Kim Connolly, Mary Gallo
Public attendees: Paul Grady, Ann Dessertine, Brian Day, Robin Luecke, Mike Vonn, Mike
Marshall, Tom Loach, Keith Lancaster, Charlie Armstrong, Maynard K. Davis, Valerie Long,
Ashley Davies, Keith Zackrisson, Bevin Boisvert, James Thacker, Bernice Thacker
Chair Dave Stoner called the meeting to order at 7:04 p.m.
1. Agenda Review (Dave Stoner — CCAC chair): Dave Stoner summarized the agenda.
Jennie More asked that a discussion regarding whether it is appropriate to support development
at a higher density in one area if a lower density is used elsewhere. This topic would be
discussed at the end of the meeting.
Jeff Stone, manager of direct sales at Starr Hill Brewery, spoke with the CCAC about an
upcoming event at the brewery. He said that Starr Hill was founded in 1999 on Main Street in
Charlottesville, and moved to Crozet in 2006. Their whole operation takes place here in the
community, and they see many visitors. Starr Hill is now the 135th largest craft brewer in the
United States. Because they have many ties to the music industry through their ownership
group, they have been planning a musical festival for beer styles, focused on India pale ales
(IPAs). IPAs are a big part of their business and comprise 65% of the craft beer community. So
they have zoning clearance for the first year, with the festival to be held June 25, from 12:00
p.m. to 7:00 p.m. in the back of the hangar park parking lot across the street from the tap room.
They expect between 1,500 and 2,000 people, and will be selling only Starr Hill beers but will
have sample beers from other breweries. There will be several different musical groups all day.
If you have any questions, please contact Jeff at ieff(istarrhill.com or call the brewery at 823-
5671. Mr. Stone said that the County and ABC are supportive, and the Albemarle County Police
and Fire and Rescue are on board with the festival. Parking will be handled by an expert parking
contractor. This Saturday Starr Hill will host a St. Patrick's Day festival, to include pipes and
drums and the UVA Irish dance team. The event will also feature Ken Farmer (an Antiques
Road Show appraiser and County resident), who will play Irish and mountain drinking music.
There will be a chef throw down as well, with several chefs competing, and featuring Rock Barn
pork and a vegetarian option. They will also be releasing a foreign export stout that day. Tickets
are $17.00.
2. Approval of Minutes from the February 17, 2016 meeting: Subject to any corrections
communicated to the secretary within the one week from today, John Savage moved to approve
the February 17, 2016 minutes, seconded by Beth Bassett, and the February 17, 2016 minutes
were approved by vote of the CCAC.
1
Attachment l
3. Public Meeting/Project Update — West Glenn Project and Powells Creek Stream
Crossing SUP (Keith Lancaster and Charlie Armstrong, Southern Development): Mr.
Lancaster and Mr. Armstrong gave the CCAC an update from their presentation on the West
Glenn project at the December meeting. The owner, West Glenn LLC, has done more surveying
and engineering work and they wanted to report on their findings. In January they applied for a
special use permit(SUP) for the project. Mr. Armstrong and Mr. Lancaster reminded the CCAC
that the Cling Lane neighborhood had originally been given a restricted SUP for 30 units because
of the single entrance to Cling Lane across Powell's Creek, using a double 12' x 8' box culvert.
The number of homes in the neighborhood must be restricted until a second connection to
Orchard Drive is made, and this SUP application proposes the second point of crossing, which
would allow adding 18.13 acres to the development. The land is zoned R-6, which would allow
up to 108 units; they are now projecting 75 units. They have had to shift some of the features
and lot lines because of stream side buffers. The SUP application is for the stream crossing only.
There is an existing dam on the creek (used in years past for mixing chemicals for local
orchards) that creates a small (approximately 40' x 40') pond with about four feet of elevation
change. The Clean Water Act requires mitigation for the impacts caused by the bridge
construction and so the developer proposes to do so by removing the dam and restoring the
creek, which would allow the creek to revert to its natural state. The new proposed bridge would
be located in a pinch point in the flood plain and would be a double 12' x 8' box culvert like the
existing bridge. The bridge would provide a minimum of about one foot of freeboard at the
crossing, so that the 100 year floodplain will not overtop the road. They removed the area of
floodplain to determine density, which came out to 81 units. The development will include open
space.
In designing the location of the new entrance into Orchard Drive, they moved the
entrance so that headlights will not shine into the house that is opposite the entrance. The
location is currently flagged. The developer is proposing pedestrian trail easement access from
the property to Jarmans Gap Road. The Piedmont Housing Alliance (PHA) owns the adjoining
parcel, which is being divided and this access would go across one of those parcels. A question
was raised about the road connection back over to Cling Lane and whether there could be two
accesses there, but there is an existing house lot that makes the development property too narrow
at this point to do a second access to Cling. The cul de sac will be lost, but this is because
projects are designed for connectivity, and it was noted that cul de sacs are shown as potential
streets into neighboring parcels. They would prefer to have two functional entrances, but it
could be possible to get a waiver from VDOT that would allow one entrance to be used only for
fire and rescue access for emergencies. It was noted that the new homes will cause 500 to 750
car passes per day being added. The development currently has 31 townhouses and 44 single
family homes, but this is only a conceptual plan for the crossing and could change because the
property has not yet been subdivided. Several Cling Lane residents expressed surprise that there
were homes proposed between their lots and the creek because they had thought that the southern
lines of their properties were in the floodplain. Some had been told that the land could never be
built upon. One resident noted that Powell's Creek feeds into Lickinghole Creek, where the
water quality is only fair, and the proposed development will adversely affect water quality. Mr.
Armstrong noted that the stormwater rules are now much more stringent than they were when the
original development was put in.
2
Attachment E
West Glenn owns to the creek on its side of crossing, and PHA owns to creek on its side.
Paul Grady suggested a retaining wall (rather than a steep slope) near the crossing, and Mike
Marshall asked about the County engineer's report on crossing plan. It was noted that there is
some discrepancy between the County GIS system and the flood plain map, and they will
research this and confirm which is correct. They do not see any significant design issues.
Rachel Falkenstein, the County planner for the project, will send information to Dave Stoner,
and Ann Mallek said that she would be watching for the correct GIS definition of critical slopes,
and will ask that it be field checked. It will probably be necessary to update FEMA's flood map
when this is confirmed. Leslie asked about stream restoration, and Mr. Armstrong and Mr.
Lancaster said that they will reforest part of the stream pursuant to a mitigation plan, and the
flood plain will be open space and wooded. They said that they will only take down trees for
utility corridors. They were asked what happens if they do not get the SUP, and they responded
that this would send them back to the drawing board because of the limitation on development
using the first crossing. It was also noted that it is very steep coming off of Orchard Lane at the
new proposed entrance. The entrance could be softened and reduce the pitch, but doing so
makes it wider, and more trees would have to be removed to do it. They could reforest, but that
takes some time. Mr. Armstrong said that they could build a retaining wall to lessen the
disturbed area, but in his experience most people don't like those as much. From the creek to the
road surface is about 10 feet and there was some discussion of how high above the creek the
houses will be. County Natural Resources Manager David Hannah has looked at the mitigation
proposal, but not the subdivision plan. It was noted that most of the road is on another party's
land (PHA, which has the same goals)and they need this cooperation to make it work. The other
developer gets more floodplain area to boost its density for an apartment development.
Mr. Armstrong and Mr. Lancaster have received staff comments and hope to turn around
the plan by first of month. They can defer going to the Planning Commission if they haven't
responded to staff comments. If they are able to address the comments, it will nonetheless take
about a month to get to the PC. The County will notify all adjoining (i.e. the parcels must touch)
landowners of the PC meeting. The PC makes its recommendation to the Board of Supervisors
and then there is another month of turnaround. The site plan process would probably start in the
summer, likely resulting in some tweaking of house and street locations, and so it would likely
be late summer to fall before they submit the application for subdivision. Tom Loach suggested
inviting PHA to the next meeting to see what their plans are for their part of the property in
question. Mr. Armstrong said that they would get engineer comments and send these out. It was
noted by a neighbor that the loss of trees will make the neighborhood hotter in the summer. Ann
Mallek noted that the idea of the growth area is to consolidate services and deliver them, and also
said that there have been problems in the past about tree areas and utilities and so the developer
needs to protect the forest as best it can. They said that there is an existing sewer line crossing
the creek and they hope to use that as much as possible for other utilities. Water lines will be
located in the road, and the dry utilities will run along road, so they hope not to have any utility
cuts. It was noted that the Albemarle County Service Authority has cut a large number of trees
in a nearby pipeline easement, but this action was unrelated to this project. Mike Marshall noted
that these will be 75 units in walking distance to downtown, and said that dense development
closer to downtown is consistent with the Master Plan.
3
h«acnmenr r:
4. Public Meeting—Foothills Crossing Project ZMA (Valerie Long and Ashley Davies,
Williams Mullen, Scott Collins, Engineer): Ms. Long and Ms. Davies (an attorney and a
planner, respectively) gave a presentation of the proposed Foothills Crossing rezoning.
Riverbend Management (the developer of Foothills) is the contract purchaser of the property,
which will be an extension of the Foothills subdivision. Rather than develop the land by-right,
they hope to rezone a portion of it from R-1 to R-6, and will continue to help with road
connections. Alan Taylor, a principal of Riverbend, could not be here tonight. Ms. Long noted
that the zoning of this particular tract is a patchwork and the zoning lines do not always match
the lot lines. One point of this property touches a point of Crozet Park, and the tract is the last
piece to establish a connection between these neighborhoods. The land includes part of the
proposed Route 240/250 connector, and Park Ridge Drive becomes the connector to downtown
Crozet.
The reason for the rezoning is that some parts of the overall project are by-right
development in the R-1 zone, and another part of the property is zoned R-6. They want to bring
38 acres into R-6. The property is comprised of five parcels and the majority of the property is
neighborhood density, 3-6 units per acre, and some is urban, at 6-12 units per acre. The proposal
is to rezone to R-6, and they will use the Eastern Avenue connector as the break point for the
zoning, with R-1 on the west side,R-6 on the east. Essentially the zoning had not caught up with
the Master Plan and this change will make the land comply with the Master Plan. All the R-1
land to the east of the connector is not compliant.
Ms. Long and Ms. Davies said that the project will include a central meeting space for the
Foothills neighborhood. Questions were raised about a plan for the connector and how all the
connections will work. Ms. Long said that there is still one owner near Lickinghole Creek who
is not on board yet for a road, and there are some pieces that the County will have to pick up.
The southern portion of the connector is a high priority (3r1) for the County but is not yet funded.
However, as projects develop, the connector project will become a higher priority. The northern
portion of the connector will cross a property being remediated for pollution problems (former
Acme Visible Records site), and will also have to cross the railroad. A comment was made that
although there is ongoing building, and we have conceptual plan, we continue to kick this issue
down the road. We are building in the interior, but have no plan for the exterior. It was noted
that this project will provide more exits for Westlake and other neighborhoods and will disperse
traffic in Crozet. The R-6 maximum will be around 210 houses. Why not phase this project with
infrastructure? Here a private developer is building a lot of the infrastructure for the area, by
constructing this portion of the connector road. It was noted that Foothills Crossing was
developed by right and was intended to be part of the road network, and the developer has
volunteered to provide infrastructure by building part of the public road. Tom Loach said that
infrastructure should be tied to development so that existing infrastructure is not overwhelmed.
Should the developer be required to build Park Ridge Drive to downtown? Ms. Davies
and Ms. Long said that development will move into this R-6 area from the west and the east, and
this process will create the connection. Plats are at the County now to do the R-1 development to
the west of this property. This rezoning includes a small parcel near Route 240, demonstrating
the need to piece together these parcels with different zonings. The zoning area lines are skewed
and create challenges when they start putting in roads and lots. For instance a 3.24 acre portion
4
Attachment E
of a Light Industrial tract along Route 240 is cut off by a stream from the rest of the LI land
along Route 240, making it undevelopable in its current configuration. So that piece of
"landlocked" LI land is included in this rezoning too and will be incorporated into the
development (although it is mostly stream buffer). There is also a small piece of R-2 land being
rezoned to R-6. Because this is a rezoning, Board of Supervisors approval is needed. They
expect to have staff comments on April 1, and can either resubmit or go to the Planning
Commission. The PC has a hearing and then makes a recommendation to the BOS. Phil Best
suggested that the Eastern Avenue bridge over the creek include a culvert for the trail so that the
trail does not have to be rerouted up to the street and back down. If developed by right, the R-1
land could have 35 units and in R-6 the maximum would be 210 units. It was noted that the
Beam Company owns the Acme site and should be ready to sell the land by the end of 2016.
The Riverbend parcel is planned to have a public space in the interior for people to meet (the
Master Plan requires a civic space). At this point, they are not sure of the form of the space, but
it could simply be green space for the community, or a pavilion or playground. There will not be
a swimming pool because the Crozet pool is nearby and these are a burden for homeowner
associations. Most homes will be single family detached, but a small section will be villas
(single family attached), similar to the cottages at Old Trail. There is a draft proffer statement
which they will send to Dave Stoner.
5. Items not listed on the agenda:
a. Tom Loach commented that the Crozet Master Plan update was to be done in
2015 and is now past due. Jennie and Ann noted that other County master plans are further
behind in their initial development than Crozet and have been prioritized ahead of an update for
Crozet. Realistically, the Crozet update likely will be in 2018 or 2019. Ann said that she would
like to see more community reassessment before we go into a Master Plan update anyway,
because such information would help inform the update and we would build from there. Tom
recommended that the County perform a build-out analysis and see where we are in terms of the
projected population of 12,198 at full build-out. What about infrastructure? Dave noted that
more developers will be bringing in new projects, and there are older projects that could yet be
constructed too, so we need to think about poising for the next Master Plan round. Tom said that
the Crozet Community Association survey that Tim Tolson oversaw was very useful to him on
the Planning Commission because he could point to it as where the community stood on many
issues. Perhaps such a survey should be done again. Leslie agreed that such information would
be important to have in hand and also said that we need a way to gather and curate information
about the area in terms of its historic property uses. Such information could help us plan for land
uses for the future and maintain the quality of life that brought people here.
Mike Marshall noted that the issue is always over the density of development, and that if
we get above a certain density the culture of the place is lost. If we allow wrong density,then we
lose what is great about Crozet. Lisa noted that R-6 zoning seems to be the fallback now for
neighborhoods, rather than something less dense.
A concern was raised that the Planning Department staff may be advising Planning
Commissioners that adding density in certain areas in reaction to unplanned lower density in
others is an acceptable trade-off. Mike noted that there are now several developments moving
5
Attachment It
forward at maximum density. The CCAC wondered whether this was a position staff was taking
for the Adelaide project or a strategy overall. Dave asked whether the CCAC wanted to give
Ann its thoughts on the question. Should the CCAC reach out to other advisory councils on this
and other matters? Tom recommended that the CCAC invite other Community Advisory
Committee chairs to come to our meeting and talk about issues that affect all of us. It was noted
that Emily Kilroy has scheduled meeting of CAC chairs next week, but the agenda was not yet
known. Ann noted that Crozet is a bit of a drive for some of the other CACs and it may be better
for Dave or other members of the CCAC to go to their meetings, but at a minimum the chairs
should get together and start the discussion. It was noted that the transferable density issue has
been around for some time and has benefited developers.
Lisa Marshall made a motion, seconded by John Savage, as follows: The Crozet
Community Advisory Committee respectfully requests that Ann Mallek advise the Albemarle
County Planning Department that the CCAC does not believe that density should be transferable
in a manner inconsistent with the Master Plan, and that development by right in one area that is
inconsistent with the Master Plan should not serve as a justification for more dense development
in areas not designated for such use. The shifting of such density to a new development should
not be seen as a positive factor in evaluating the new development.
The CCAC approved the resolution unanimously.
b. The CCAC then discussed the impact of denser development on our
infrastructure, particularly roads and schools, and that such dense development should not be
proposed without clearly taking those issues into consideration. It was recommended that this
issue be considered in light of Tom's recommendation that a build-out analysis be prepared. The
analysis should look at development that has already occurred and projects that are approved but
not yet built, and also quantify the status of affordable housing units in Crozet (defined as 80%
of average median income, around $200,000). Transportation needs are also tied to higher
density development.
Phil Best made a motion, seconded by Beth Bassett, as follows: The Crozet Community
Advisory Committee requests that the County Planning Department prepare a build-out analysis
for the Crozet Master Plan area, which analysis will include housing stock in projects that
currently exist and projects that have been approved but not yet begun. The analysis should also
include an assessment of the status of affordable housing units in the Master Plan area, both
existing and approved but not built.
The CCAC approved the resolution unanimously.
c. Phil Best then commented that he felt that our schools are too large now, and the
trend should be toward smaller schools. Brownsville Elementary, recently expanded, is now
near capacity. It was recommended that the CCAC include our School Board representatives
(David Oberg, White Hall District, and Jonno Alcaro, at-large, both of whom live in the area) in
CCAC announcements and invite them to our meetings. Beth said that she can reach out to
them. Given the nexus between schools and development, the CCAC believes that we should
raise the awareness as to growth that is coming.
6
Attachment E
d. Following up on Gerald Gatobu's (County Transportation Planner) visit last
month, and his request that we give him our priority road projects, the CCAC discussed
transportation priorities on our area. Is this only the Lickinghole Creek bridge for the 240/250
connector? It was noted that at the moment it is not clear where the bridge would go. It was also
noted that smaller projects have a better chance to be funded in certain categories in the new
state process. It was further noted that our area is not as high a priority on the statewide list as
other areas with greater needs, but ours is a busy place with lots of growth. Several Crozet
projects in the County's transportation plan have been completed, but Eastern Avenue is still
undone and should remain a priority. The Lickinghole Creek bridge and the railroad crossing are
two significant unfunded components. Phil noted that Mr. Gatobu said that the state likes to see
some investment in projects and a portion of Eastern Avenue has been built, and so there is some
investment there.
Phil Best also thinks something needs to be done about Three Notch'd Road because it
has no shoulders (but does have deep ditches along it) and sees considerable bicycle and foot
traffic. He said that improvements should be made from the Acme site to Highlands. Kim
Guenther noted that Route 250 at Harris Teeter is another key project area. Apparently a traffic
circle has been mentioned for that location, but Ann noted that the traffic island and improved
crossing are in the budget and she hopes that a more expensive option (like a traffic circle) will
not prevent the planned improvements from being made. John Savage said that the Route
151/Route 250 intersection is another issue, and several ideas (including a traffic circle) have
been floated for that one.
The CCAC decided to ask Dave Stoner to send a consensus email to Gerald Gatobu
listing our priorities as Eastern Avenue, Route 240 improvements, and the Radford Lane/Harris
Teeter crossing issues.
6. CCAC 2016 officer nominations and elections (John Savage): March is the end of the
year for the CCAC and some members are term limited out, and others aren't renewing. If you
are eligible, and want to renew, submit your application to the County soon. Elections for
officers were then held and it was noted that all current members can vote. John Savage had
served as the nominating committee and had received two nominations for a one year term:
Dave Stoner as Chair, and Mary Gallo as Vice Chair. No nominations from the floor were
received and Phil Best moved to close nominations. No secretary was nominated but Leslie
Burns said that she would act as secretary for a couple of months until a permanent secretary
comes forward. Dave and Mary were unanimously elected to the positions to which they were
nominated.
7. Announcements: To be safe, Emily will provide public notice for the DCI meetings as
CCAC meetings. Applications for open CCAC seats must be submitted by March 22
https://www.albemarle.org/boards/
7
Attachment E
9. Future Agenda Items: None.
The meeting adjourned at 9:45 p.m.
George Barlow
Secretary
8
ATTACHMENT F
PROFFER STATEMENT
FOOTHILLS CROSSING
Date: July 18,2016
ZMA#: 2016-05
Tax Map Parcel#: 056A2-01-00-06200,and portions of 05600-00-00-05700,05600-00-00-
057B0,056A2-01-00-06100,and 056K0-00-00-000A1 (the"Property")
Owner(s) of Record: Edmund J.Daily,Christopher Daily&Cynthia Daily DiCanio;Route 240
Holdings,LLC;Route 240,LLC;and Foothills Crossing,INC.
Date of Proffer Signature: 2016
Rezone one parcel totaling approximately 2.13 acres from R2 Residential(R2)to R6 Residential(R6),
and rezone portions of four parcels totaling approximately 35.77 acres from R1 Residential(R1)and
Light Industrial(LI)to R6.
Total Land Area: 37.91 acres
Pursuant to Sections 33.4 and 33.7 of the Albemarle County Zoning Ordinance, the Owner hereby
voluntarily proffers the conditions listed herein below which shall be applied to Foothills Crossing
(hereinafter the"Property")if the Zoning Map Amendment(hereinafter the"ZMA")is approved by
the County of Albemarle(the"County"). These conditions are proffered as a part of the requested
ZMA and it is agreed that: (1)the ZMA itself gives rise to the need for the conditions,and(2)such
conditions have a reasonable relation to the rezoning requested.
The term"Owner"as referenced herein shall mean the owner(s)of record and successors in interest
of parcels 056A2-01-00-06200,and portions of 05600-00-00-05700,05600-00-00-057B0,056A2-01-
00-06100,and 056K0-00-00-000A1.
The Application Plan shall refer to that certain Application Plan prepared by Collins Engineering
February 16,2016 last revised July 18,2016(the"Application Plan"). Future development of the
Property shall be in general accord with the Application Plan.
The headings of the proffers and conditions set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provisions of the proffers.
L Park Ridge Street Road Construction and Dedication.
The Owner shall cause to be constructed a two lane road in the general location of the road
identified as Park Ridge Street("Park Ridge")on the Application Plan. Park Ridge will be an
"avenue section"in design,with bike lanes,parking,sidewalks,street trees,and curb and gutter. Park
Ridge shall be constructed,bonded and ready to be recommended by the Albemarle County Board
of Supervisors for acceptance into the public system,and the County Engineer shall have determined
ATTACHMENT F
that the roadway is sate and convenient for traffic(hereinafter,"completed")prior to issuance of the
tenth(10th)certificate of occupancy within the Property. Once the Owner completes Park Ridge and
within sixty(60)days after the written request of the County,the Owner shall dedicate Park Ridge as
a public road.
2. Eastern Avenue Connector Road Construction and Dedication.
The Owner shall cause to be constructed a two lane road in the general location of the road
identified as Eastern Avenue Connector Roadway("Eastern Avenue")on the Application Plan.
Eastern Avenue will be an"avenue section"in design,with bike lanes,parking,sidewalks,street
trees,and curb and gutter. Eastern Avenue shall be constructed,bonded and ready to be
recommended by the Albemarle County Board of Supervisors for acceptance into the public system,
and the County Engineer shall have determined that the roadway is safe and convenient for traffic
(hereinafter,"completed")prior to issuance of the fiftieth(50th)certificate of occupancy within the
Property. Once the Owner completes Eastern Avenue and within sixty(60)days after the written
request of the County,the Owner shall dedicate Eastern Avenue as a public road.
3. Greenway Trails.
A. Construction and Dedication of Greenway Trails.
A primitive trail network, consistent with the County's design standards for a Class B-
type 1 primitive nature trail, shall be established within the Greenway. The installation
of the trail shall not preclude the future conversion, by others, of the trail to Class A-
paved trail standards. The general location of the trail network is shown on the
Application Plan, however exact trail locations shall be determined based on site
conditions. Installation of the trail network shall be completed prior to issuance of
approval of the tenth(10th)CO for a single family dwelling within the Project.
Upon the request of the County, but not prior to the issuance of the tenth (10th) CO
within the Project, the Owner shall dedicate to the County an easement for public use
over the Greenway area, as shown on the Application Plan. Prior to the County's
request to dedicate such easement, the Owner may dedicate portions of the Greenway
by easement concurrently with one or more subdivision plats for areas lying adjacent to
the Greenway;provided however, that Owner may reserve in such easements,rights of
access for utilities and maintenance. Each subdivision plat shall depict the Greenway
area to be dedicated and shall bear a notation that the Greenway area is dedicated for
public use. If,at the time the County requests dedication of the Greenway, any part of
the Greenway that has not been dedicated by subdivision plat, shall be (within six (6)
months of such request) at Owner's cost, surveyed, platted and recorded with one or
more deeds of easement dedication.
B. Bike and Pedestrian Tunnel
Pursuant to approval by VDOT and the County, the Owner shall construct a bike and
pedestrian tunnel(the"Tunnel") along the trail network as it passes underneath Eastern
Avenue. The Tunnel design shall be submitted for review with the roadway plans for
Eastern Avenue. Installation of the Tunnel shall be completed prior to issuance of
approval of the tenth(10th)CO for a single family dwelling within the Project.
4. Community Civic Space,
ATTACHMENT F
The Owner shall provide not less than 20,000 square feet of land within the Project for a Civic Space
in the general location identified on the Application Plan. The Civic Space shall be substantially
completed prior to the issuance of approval of the tenth(10th)CO within the Project Parks and
Civic Spaces shall be conveyed to,and maintained by the Owner's Association. The Owner shall pay
the cost of subdividing and conveying the Parks and Civic Spaces to the Owner's Association.
5. Cash Proffer for Capital Improvements Projects,
The Owner shall contribute cash on a per"market-rate"dwelling unit basis in excess of the number
of units that are allowed by right under the zoning in existence at the time of this zoning amendment
for the purposes of addressing the fiscal impacts of development on the County's public facilities and
infrastructure,i.e.,schools,public safety,libraries,parks and transportation. For the purposes of this
Proffer 5, the number of units allowed by right under the R-1 Residential zoning is thirty five (35)
single-family detached units. A "market rate" unit is any single-family detached unit in the Project
that is not either a For-Sale Affordable Housing Unit or For-Rent Affordable Unit as described in
Proffer 6. The cash contributions shall be Four Thousand Nine Hundred and Eighteen Dollars
($4,918.00) for each single family detached dwelling unit, other than a constructed For-Sale
Affordable Dwelling Unit within the Project qualifying as such under Proffer 6. In other words, the
cash contribution for market rate single family units shall begin after a building permit for the 35th
market rate single family unit is issued and prior to the Owner obtaining a building permit for the
36th market rate single family unit. The cash contributions shall be Three Thousand Eight Hundred
and Forty Five Dollars ($3,845.00) for each single family attached dwelling unit, other than a
constructed For-Sale Affordable Housing Unit or a For Rent Affordable Housing Unit within the
Project qualifying as such under Proffer 6. The cash contributions shall be Five Thousand Two
Hundred and Sixty Two Dollars ($5,262.00) for each multifamily dwelling unit, other than a
constructed For Sale Affordable Housing Unit or For Rent Affordable Housing Unit within the
Project qualifying as such under Proffer 6.
Except for the first thirty five (35) single family units, (which shall be exempt from this cash proffer)
the cash contribution shall be paid after completion of the final inspection and prior to the time of
the issuance of any CO for each new unit;provided however that the cash contributions shall not be
made until the number of units have been completed that results in what would otherwise have been
a cash contribution of $ (the "In-kind Contribution). The In-kind Contribution
reflects the value of the Eastern Avenue improvements referenced in Proffer 2 that the Owner has
committed to make for the benefit of the public.In other words,the Owner shall not be required to
pay the per unit cash contributions described herein until the time of the issuance of the building
permit for a new unit completed after applying a credit for the In-kind Contribution of
$ . In the event that the Project is completed prior to the balance of the In-kind
Contributions being exhausted, any remaining balance of the In-kind Contribution may not be
applied for any other project or development.
6. Affordable Housing.
The Owner shall provide affordable housing equal to fifteen percent (15%) of the total number
residential units constructed on the Property. For example, if one hundred (100) total units are
constructed in the Project,fifteen(15)units,or their equivalent,are required to satisfy this Proffer 6.
The Owner or its successors in interest reserve the right to meet the affordable housing objective
through a variety of housing types, or through cash contributions, as more particularly described in
sections 6A,6B and 4C below.
A. For-Sale Affordable Housing Units. All purchasers of the For-Sale Affordable Housing
Units,(defined below) shall be approved by the Albemarle County Housing Office or its
ATTACHMENT F
designee. "For-bale Affordable Housing Units" shall be dwelling units offered for sale
at prices for which households with incomes less than eighty percent (80%) of the area
median income may qualify. The Owner shall provide the County or its designee a
period of one hundred twenty(120)days to identify and prequalify an eligible purchaser
For-Sale Affordable housing Units. The one hundred twenty (120) day period shall
commence upon written notice from the Owner that the unit(s) shall be available for
sale. This notice shall not be given more than ninety (90) days prior to receipt of the
Certificate of Occupancy for the applicable For-Sale Affordable Housing Unit•, the
County or its designee may then have thirty(30)days within which to provide a qualified
purchaser for such For-Sale Affordable Housing Unit.If the County or its designee does
not provide a qualified purchaser during the one hundred twenty (120) day period, the
Owner shall have the right to sell the unit(s) without any restriction on sales price or
income of the purchaser(s).
B. For-Rent Affordable Housing Units.
(1) Rental Rates, The initial net rent for each rental housing unit for which Owner seeks
qualification for the purposes of this proffer 4, ("For-Rent Affordable Housing
Unit shall not exceed the then-current and applicable maximum net rent rate approved
by the Albemarle County Housing Office. In each subsequent calendar year, the
monthly net rent for each For-Rent Affordable Housing Unit may be increased up to
three percent(3%). For purpose of this proffer 4B, the term "net rent"means that the
rent does not include tenant-paid utilities. The requirement that the rents for such for-
rents for such For-Rent Affordable Housing Units may not exceed the maximum rents
established in this paragraph 4B shall apply for a period of ten (10) years following the
date the certificate of occupancy is issued by the County for each For-Rent Affordable
Housing Unit,or until the units are sold as low or moderate cost units qualifying as such
under either the Virginia Housing Development Authority, Farmers Home
Administration, or Housing and Urban Development, Section 8,whichever comes first
(the"Affordable Term").
(2) Conveyance of Interest. All deeds conveying any interest in the For-Rent Affordable
Housing Units during the Affordable Term shall contain language reciting that such unit
is subject to the terms of this subparagraph (2). In addition,all contracts pertaining to a
conveyance of any For-Rent Affordable Housing Unit, or any part thereof, during the
Affordable Term shall contain a complete and full disclosure of the restrictions and
controls established by this paragraph 4B. At least thirty (30) days prior to the
conveyance of any interest in any For-Rent Affordable Housing Unit during the
Affordable Term, the then-current Owner shall notify the County in writing of the
conveyance and provide the name, address and telephone number of the potential
grantee,and state that the requirements of this paragraph 4B(2)have been satisfied.
(3) Reporting Rental Rates. During the Affordable Term,within thirty (30) days of each
rental or lease term for each For-Rent Affordable Housing Unit, the then-current
Owner shall provide to the Albemarle County Housing Office a copy of the rental or
lease agreement for each such unit rented that shows the rental rate for such unit and
the term of the rental or lease agreement. In addition,during the Affordable Term, the
then-current Owner shall provide to the County, if requested, any reports, copies of
rental or lease agreements, or other data pertaining to rental rates as the County may
reasonably require.
ATTACHMENT F
C. Cash in lieu of Constructing Affordable Dwelling Units. In lieu of constructing For-Sale,
or For-Rent Affordable Dwelling Units for fifteen percent (15%) of the total number of
Units, the Owner has the option to make a cash contribution to Albemarle County for the
affordable housing program in the amount of Twenty-Four Thousand and Three Hundred
Seventy Five Dollars ($24,375.00) (the "Affordable Housing Cash Proffer") for each such
unit. The total cash contribution due to Albemarle County as noted above shall be based on
the total number of affordable units built in the Project.
7. Cost Index.
Beginning January 1 of each year following the approval of this rezoning, the amount of each cash
contribution required by Proffers 5 and 6 shall be adjusted annually until paid,to reflect any increase
or decrease for the proceeding calendar year in the Marshall and Swift Building Cost Index ("MSP').
The annual adjustment shall be made by multiplying the proffered cash contribution amount due for
the preceding year by a fraction, the numerator of which shall be the MSI as of December 1 in the
preceding calendar year, the denominator of which shall be the MSI as of December 1 in the year
preceding the calendar year most recently ended (the "Annual Percentage Change"). By way of
example, the first annual adjustment shall be Four Thousand Nine Hundred and Eighteen Dollars
($4,918.00) x 2017 MSI/2016 MSI. Each annual adjustment shall be based on the amount of the
proffered cash contribution due for the immediately preceding year based on the formula contained
in this Proffer 7 (the amount derived from such formula shall be referred to hereinafter as the"Cash
Contribution Due"),provided,however,in no event shall the cash contribution amount paid by the
Owner be less than Four Thousand Nine Hundred and Eighteen Dollars ($4,918.00) per single
family detached dwelling unit and Three Thousand Eight Hundred and Forty Five Dollars
($3,845.00)per single family attached dwelling unit and Five Thousand Two Hundred and Sixty Two
Dollars ($5,262.00) per multifamily dwelling unit under Proffer 5 or Twenty-Four Thousand and
Three Hundred Seventy Five Dollars ($24,375.00) per affordable dwelling unit under Proffer 6 (the
"Minimum Cash Contribution"). The Annual Percentage Change shall be calculated each year using
the Cash Contribution Due, even though it may be less than the Minimum Cash Contribution,
HOWEVER,the amount paid by the Owner shall not be less than the Minimum Cash Contribution.
For each cash contribution that is being paid in increments,the unpaid incremental payments shall be
correspondingly adjusted each year.
ATTACHMENT F
The undersigned Owner hereby proffers that the use and development of the Property shall be in
conformance with the proffers and conditions herein above,and these proffers shall supersede all
other proffers and conditions made prior hereto. This Proffer Statement may be executed in any
number of counterparts,each of which shall be an original and all of which together shall constitute
but one and the same instrument.
WITNESS the following signature:
OWNERS of Tax Map Parcel 05600-00-00-057B0:
By:
CHRISTOPHER DAILY
By-. EDMUND J.DAILY
By:
CYNTHIA L.DAILY DICANIO
Date:
OWNER of Tax Map Parcel 05600-UU-UU-05700&056A2-01-00-06200:
ROUTE 240 HOLDINGS,a Virginia limited liability company
By:
ALAN TAYLOR,MANAGER
Date:
OWNER of Tax Map Parcel 056A2-01-00-06100:
ROUTE 240,a Virginia limited liability company
By:
ALAN TAYLOR,MANAGER
Date:
ATTACHMENT F
OWNER of Tax Map Parce1056K0-00-00-0000A1:
FOOTHILLS CROSSING,a Virginia corporation
By:
ALAN TAYLOR,MANAGER
Date:
30259350 1
ATTACHMENT G
Rachel Falkenstein, Senior Planner
Planning Division
Albemarle Co.Department of Community Development
Cc: Ann Mallek, White Hall District Rep., Albemarle Co. Board of Supervisors
Dave Stoner,Crozet Community Advisory Council
Dan Mahon,Albemarle Co. Outdoor Recreation Supervisor
The Crozet residents whose names are listed below urge the County Planning office to require
that the Eastern Avenue Road extension between Westhall and Foothill Crossing include a
culvert for the Crozet Connector Trail in addition to the culvert for the creek.The trail culvert
should be of sufficient height for pedestrians and cyclists to pass through. The rationale for this
request is to allow access along the greenway without requiring users to climb to the elevation of
the proposed road. This popular trail is currently used by the public for running, biking, and
walking by both adults and children. A disruption in the continuity of the trail experience
would have a negative impact on the enjoyment and recreational benefit of this Crozet amenity,
not to mention the safety aspect of requiring the public to cross what may prove to be a well-used
road. There is also a concern that the use of a ramp to connect the current trail grade to the road
grade above will not be universally accessible and will therefore exclude a significant group of
potential users.
The Connector Trail is consistent with The Crozet Master Plan which promotes connected
neighborhoods and walkability. It is also a community asset that is being promoted
by developers in their advertising. Feedback from the public tells us there is significant support
for our request.
Respectfully submitted,
Joe Abbate&Colleen Carew,Highlands Barb Franko,Highlands
Tony Alimenti,Old Trail Michael Gallagher,Old Trail
Bryan&Eric Alves,Western Ridge Jennie&Kevin Geiger,Westhall
John&Michelle Anderson,Grayrock&Crozet Stephen Goadhouse,Parkside Village
Running Lisa Goehler&Ron Gaykema,Jarman's Gap
Joel Barredo,Westhall Estates
Linda C.Bell,Highlands Thomas M.Guterbock,Western Ridge
Billie&Phil Best,Western Ridge B.Diane Hamer,Baywick Circle
Kristine&Jamie Bourque,Foxchase Tom&Jan Harrison,Highlands
Cynthia Bowers,MD Elizabeth Herlevsen,Brookwood
Pamela Cairns,Foothill Crossing Sarah Johnson&Patrick MacPherson,Westhall
Clover Carroll,Grayrock Todd&Laura Johnson,Westhall
Amalia&Dale Castle,Western Ridge Beth&Jon Kagarise,Westhall
Nana Corley,Crozet Ave. Steve&Teri Kostiw,Foothill Crossing
Mary Craig,Highlands Sandra L.Landry,Sugar Hollow
Tom&Susan DeBolt,Old Trail Bryan&Sarah Lewis,Western Ridge
Deborah&Howard Day,Wickham Pond Gene Locke,Jarman's Gap Estates
Murielle and Stephan de Wekker,Westhall Craig Marshall,Western Ridge
Bob Dombrowe,Old Trail Chris&Jessica Maslaney,Western Ridge
Gigi Elliott,Western Ridge Charlotte Mason,Stonegate
ATTACHMENT G
Jessica,Bill,&Hazel Mauzy, Highlands
Linda McNeil&Rosie Smith,St.George Ave.
Shawn and Collen Miller,Westhall
Terri&David Miyamoto,Highlands
Debbi Meslar-Little&Jack Little,Yancey Mills
Kevin M.Murray&family,Western Ridge
Thedra Nichols,Grayrock
Adriane Neumeister,Highlands
John O'Connor&Diane Morse,Westhall
Helen Payne,Burch's Creek Rd.
Janet&Pat Phillips,Western Ridge
Ben Plummer,Crozet
Jamie&Carl Reisch, Westhall
Wayne Riddle,Old Trail
Dr.&Mrs.Bradley Rodgers,Greenwood
Steve Rosinski, Wickham Pond
Erin Rothman,Parkside Village
Stephen&Angela Rutherford, Westhall
Jaclyn&Joe Shaffer, Westhall
Richard Simon, Western Ridge
Ignacio&Alejandra Simon-Cadiz, Western
Ridge
Elizabeth Simpson, Haden Lane
John C. Smith,Old Trail
Teri&David Stipe,Parkside Village
Bob Sullivan, Meriwether Hills
Tim F.J.Tolson,Emerald Ridge
Francesca Toscani,Western Ridge
David&Lisa Tungate, Westhall
Jamie,Jeff, Sydney,&Sam Waldbillig, Western
Ridge
Christine Walters, Westhall
Stephanie Weaver&Tony Lagana,
Westhall
Meg&David West,Jarman's Gap Rd
Nathaniel and Kathryn West, Westhall
Beth White,McCauley St.
Alicia Williams, Laurel Hills
Amy Yancey,Old Trail