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ZMA201200008 Staff Report 2012-11-13
COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 201200008 Estes Park- Proffer Staff: Megan Yaniglos, Senior Planner Amendment Planning Commission Public Hearing: Board of Supervisors Public Hearing: To Be November 13, 2012 Determined Owners: Estes Park, LLC Applicant: Alan Taylor- Estes Park, LLC Acreage: 12.75 acres Rezone from: PRD, Planned Residential Development with proffers to PRD with amended proffers TMP: TMPs 032000000003300 and By -right use: Urban Density Residential — 03200000003400 residential (6.01 — 34 units/ acre); supporting Location: In the southwestern quadrant of Proffit uses such as religious institutions, schools, Road (Rt 649) and Worth Crossing /Leake Lane, commercial, office and service uses. approximately 800 feet south of Proffit Road in the Community of Hollymead. (Attachment A) Magisterial District: Rivanna Proffers: Yes Proposal: Amend proffer #2 of approved Requested # of Dwelling Units: 68 ZMA201000011 to now include cash amount for single family detached /attached residential units. Proposed unit type now includes detached and /or attached single family, which are an allowed use in approved ZMA. No additional dwellings or change in residential density proposed. DA (Development Area): Hollymead Community Places29 Master Plan Designation: Urban Density Residential (6.01 -34 units /acre) in the Hollymead Development Area. Character of Property: The property currently has Use of Surrounding Properties: The property one older residence and outbuildings on it. The to the north is residential with two churches and gently rolling terrain includes a stream with steep a daycare facility, property to the east is the slopes running from the northwest to the southeast Forest Ridge duplex residential neighborhood, across both parcels. property to the west is the Worth Crossing townhouses, and the property to the south is the Dominion Power substation. Factors Favorable: Factors Unfavorable: 1. The amendment updates the proffer to 1. None identified. more accurately reflect the cash proffer amount based on the unit types being constructed. 2. This rezoning request will not change the site layout or intent of the original rezoning. RECOMMENDATION: Staff recommends approval of ZMA201200008 inclusive of revised proffers. rA►vr_VIGM111xI OW STAFF PERSON: Megan Yaniglos PLANNING COMMISSION: November 13, 2012 BOARD OF SUPERVISORS: To Be Determined ZMA 201200008 Estes Park PETITION PROJECT: ZMA 201200008, Estes Park- Proffer Amendment PROPOSAL: Amend proffer #2 of approved ZMA201000011 to now include cash amount for single family detached /attached residential units. Proposed unit type now includes detached and /or attached single family,which are allowed in approved ZMA. Number of units remains the same. PROFFERS: Yes EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Urban Density Residential — residential (6.01 — 34 units/ acre); supporting uses such as religious institutions, schools, commercial, office and service uses. ENTRANCE CORRIDOR: No LOCATION: In the southeast quadrant of the intersection of Proffit Road (Rt 649) and Worth Crossing, approximately 800 feet south of Proffit Road in the Community of Hollymead. TAX MAP /PARCEL: TMP 03200000003300, TMP 03200000003400, 046134000000500 and TMP 046B40000005A0 MAGISTERIAL DISTRICT: Rivanna CHARACTER OF THE AREA The two subject parcels are located in the southeastern quadrant of Proffit Road and Worth Crossing/ Leake Lane [Attachment A]. The property does not have frontage on any of the major streets in the area (i.e., Worth Crossing, Proffit Road). The property currently has a residence and several outbuildings on TMP 33 -34. The property is bounded to the north by several parcels zoned R -1, Residential and occupied by a single residence (TMP 32 -35), two churches (TMP 32- 36G/32 -36E and TMP 32 -29D), a daycare facility (TMP 46134 -5), and a metal storage building (TMP 46134 -5A). The property to the west is zoned R -15, Residential and is the location of the Worth Crossing townhouses. The property to the south is owned by Dominion Virginia Power and is the site of a substation. The neighborhood to the east, Forest Ridge, is zoned R -10, Residential and consists of 44 duplex residential units. SPECIFICS OF THE PROPOSAL The applicant is requesting a minor change to Proffer #2- Cash Proffer for Capital Improvement Projects, as well as revising the application plan to show detached single family units which are a by right use in the PRD zoning district [Attachments C and D]. The approved proffer for the capital improvement project impacts called for the per unit cash contribution to be based on single family attached units only; however, the PRD zoning does allow single family detached by right. This request is to clarify that the per unit cash contribution for capital improvement project impacts would be based on either single family attached and detached residential units. Use of either or both unit types in the development does not significantly change the form, character or any major elements of the plan approved as part of the rezoning. Both units are permitted under the approved rezoning and associated application plan. 2 ZMA2012 -008 Estes Park Along with the changes to the rezoning the applicant is also requesting a variation with the site plan to make the following changes [Attachment E]: 1. Increase the road width by one foot from 28 feet from face of curb to face of curb to 29 feet from face of curb to face of curb. 2. Modify note on application plan to allow parking on one side of the street 3. Revise the unit type from attached single family to detached single family (an allowed use within the Planned Residential Development zoning) 4. Slightly shift the location of the connection to Moubry Lane, but will remain in the designated right of way area. Variations need to be approved by the Board of Supervisors per Section 18 -31.8 Special Exceptions of the Zoning Ordinance. Staff is recommending approval of these variations, and providing this to the Planning Commission for informational purposes only. These variations will be on the consent agenda for the Board of Supervisors on a date to be determined. APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant would like the flexibility for having different types of residential units within the plan and the associated proffers. Revising the proffer to provide cash for both detached and attached single family units will allow the applicant to build different types of units which are allowable by right within the zoning district. PLANNING AND ZONING HISTORY ZMA2010 -011 Estes Park- On April 11, 2012 the Board of Supervisors approved the rezoning from R -1 to PRD with proffers. SDP2012 -030 Estes Park- Preliminary Site Plan- currently under review. DISCUSSION This proposal does not propose to change land uses previously approved for Estes Park, but allow for cash to be contributed for single family attached units, as well as, attached units within the development. Relationship between the application and the purpose and intent of the requested zoning district Planned Residential Development districts are intended to provide flexibility and variety of development for residential purposes and uses ancillary thereto. This project continues to be consistent with the intent of the PRD district, allowing for flexibility of developing different types of units within the development. The proposed proffer amendment does not violate the intent of the Planned Residential Development Districts. Anticipated impact on public facilities and services The additional cash contribution for single family detached units will allow for additional services to be provided by the County. The change from single family attached to detached units does not add any additional impact to public facilities and services. The number of units is remaining the same within the development. Anticipated impact on cultural and historic resources None anticipated with this proffer amendment. 3 ZMA2012 -008 Estes Park Anticipated impact on nearby and surrounding properties None anticipated with this proffer amendment. Public need and justification for the change The proffer change will allow flexibility in the types of units built on the property, and will offer the public another type of housing type based upon market demand. Allowing for additional cash contributions for capital improvement projects will offset the fiscal impacts of the development on the County's public facilities and infrastructure. PROFFERS See Attachment D for the revised proffers. The following is an analysis of the proposed proffer amendments. The portion of the original proffer subject to change is highlighted below. Analysis of Amended Proffers Original Proffer [Attachment B] Requested Amendment 2. Cash Proffer for Capital Improvement Portion revised to: "The cash contributions Projects. shall be $19,200 cash for each single family The Owner shall contribute cash on a per detached dwelling unit, other than a "market- rate" dwelling unit basis for the constructed affordable dwelling unit within the purposes of addressing the fiscal impacts of Project qualifying as such under Proffer 3. The development on the County's public facilities Owner's total cash contribution to Albemarle and infrastructure, i.e., schools, public safety, County to address impacts upon the identified libraries, parks and transportation. A "market public facilities may be up to $1, 113,600 if all rate" unit is any unit in the subdivision that is dwelling units are single family detached (58 not considered an Affordable Unit as dwelling units x $19,200). The cash described in Proffer 3. The cash contributions contributions shall be $13,000 cash for each shall be $13,000 cash for each attached single family attached dwelling unit, other than dwelling unit, other than a constructed a constructed affordable dwelling unit within affordable dwelling unit within the Project the Project qualifiying as such under Proffer qualifying as such under Proffer 3. The 3." Owner's total cash contribution to Albemarle County to address impacts upon the identified The effect of this change is to provide enough public facilities may be up to $754,000 (58 flexibility to allow for both single family dwelling units x $13,000). The cash detached units and single family attached units contribution shall be paid at the time of the while assuring that the property cash amount issuance of the building permit for each new is paid and contributed for Capital unit, unless the timing of the payment is Improvements for each unit type. otherwise specified by state law. SUMMARY note: update to make consistent with front page changes. Staff has identified the following factors, which are favorable to this request: 1. The amendment updates the proffer to more accurately reflect the cash proffer amount based on the unit types being constructed. 2. This rezoning request will not change the site layout or intent of the original rezoning. 4 ZMA2012 -008 Estes Park Staff has identified no unfavorable factors for this request. RECOMMENDATION Staff recommends approval of ZMA201200008 inclusive of revised proffers [Attachment D] ATTACHMENTS ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E Vicinity Map Original Proffers dated April 9, 2012 Revised plan showing detached units Revised Proffers dated October 2012 Variation Reauest PLANNING COMMISSION MOTION: A. Should a Planning Commissioner choose to recommend approval of this ZMA: Move to recommend approval of ZMA201100008 subject to the proffers dated October, 2012 as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this ZMA: Move to recommend denial of ZMA201200008. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. 5 ZMA2012 -008 Estes Park 4664 46B4 -3 _ 4Uti4 -!) ' 46B4- 02 - -A1 . #3373� _ 2 '333�7F,,& $9>l�.P 1740 0 ��3g1� �i� --3353359 + , 9...- 3355�' X3353;" 3351 '. 4664 -2 3349ir, A '1 -33474. 3345 ` 3 TM. �C333�f _ i 337 13216.• r 32 -33 33294 T ; 3325 - 3321 '�� •�� �- .A:. 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