HomeMy WebLinkAboutZMA201300003 Staff Report Zoning Map Amendment 2013-08-20COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA201300003 - 1306 Crozet
Staff: Claudette Grant
Ave.
Planning Commission Public Hearing:
Board of Supervisors Public Hearing: To Be
August 20, 2013
Determined
Owner(s): Mary Elizabeth Jensen
Applicant: Mary Elizabeth Jensen and Keith
Cheely c/o Mike Carmagnola
Acreage: Approximately 1.09 acres
Rezone from: R -2 residential to R -4 residential
with proffers.
TMP: Tax Map Parcel(s) 056A1 -01 -00 -11400
By -right use: The R -2 district allows residential
(See Attachments A and B)
uses at a density of (2 units /acre).
Location: Intersection of St. George
Avenue /Crozet Avenue (1306 Crozet Avenue)
Magisterial District: White Hall
Proffers: Yes
Proposal: Rezone 1.09 acres from R -2
Requested # of Dwelling Units: — Four (4)
residential zoning district to R -4 residential
zoning district to allow construction of 2
proposed houses (along with one (1) existing
house and one rental unit; a second existing
rental unit will be eliminated) for a density of
3.67 dwellings /acre. (See Attachment C)
DA (Development Area): Crozet Community
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.
Character of Property: The parcel is currently
Use of Surrounding Properties: There are
developed with one main house and two smaller
primarily single family residential houses located
residential rental units. Majority of the site is
in this neighborhood. Downtown Crozet is
undeveloped with a few trees.
located a couple blocks south of the subject
property.
Factors Favorable:
Factors Unfavorable:
1. The rezoning request would be
1. None
consistent with the Comprehensive Plan
(Crozet Master Plan).
2. The use is consistent with the uses
permitted under the existing R -4 zoning
district.
3. This rezoning request would correct the
issue of the existing non - conforming use
of three units in the R -2 zoning district.
4. This rezoning request would continue to
provide an affordable rental unit along
1306 Crozet Ave.
PC Public Hearing 8/20/2013
with two new residential units in this
portion of the County.
RECOMMENDATION: Staff recommends approval with proposed revised proffers as described in
the staff report, the addition of an affordable housing proffer and based on the factors favorable
listed above.
2 1306 Crozet Ave.
PC Public Hearing 8/20/2013
STAFF PERSON: Claudette Grant
PLANNING COMMISSION: August 20, 2013
BOARD OF SUPERVISORS: To Be Determined
ZMA 201300003 1306 Crozet Ave.
PETITION
PROJECT: ZMA201300003 1306 Crozet Avenue
PROPOSAL: Rezone 1.09 acres from R -2 Residential zoning district which allows residential uses at
a density of 2 units per acre to R -4 Residential zoning district which allows residential uses at a density
of 4 units /acre, to allow construction of 2 proposed units (with two 2 existing units) for a density of 3.67
dwellings /acre.
ENTRANCE CORRIDOR: No
PROFFERS: Yes
SCENIC BYWAYS OVERLAY: Yes
COMPREHENSIVE PLAN: Crozet Master Plan- Neighborhood Density Residential — 3 -6 units /acre;
supporting uses such as religious institutions, schools and other small -scale non - residential uses in the
Crozet Community.
LOCATION: Intersection of St. George Avenue /Crozet Avenue (1306 Crozet Avenue)
TAX MAP /PARCEL: 056A1010011400
MAGISTERIAL DISTRICT: White Hall
CHARACTER OF THE AREA
The subject site is located in an existing residential neighborhood. Majority of the houses are single
family detached units. This area has a fairly low lying flat terrain. The streets are lined with several
trees. The subject property has a main house on the property along with two smaller buildings which
are currently used as rental units. The subject property is a deep lot that is mostly vacant, and flat with
a few trees. Downtown Crozet is located a couple blocks south of the subject property.
SPECIFICS OF THE PROPOSAL
The property currently has three buildings with residential uses located on approximately 1.09 acres.
With the existing R -2 zoning district this property has an existing non - conforming dwelling. The
applicant is requesting to develop this site for four dwelling units, which is consistent with the Crozet
Master Plan Neighborhood Density Residential designation of 3 -6 dwelling units per acre. The subject
property will be developed with two new single family residences, and one of the existing non-
conforming dwelling units on the site will be eliminated as a residential use or decommissioned as it is
in poor condition, resulting in 4 units on the site instead of the current 3 units.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant wishes to rezone and develop the property in accordance with the Crozet Master Plan
Neighborhood Density Residential designation. This rezoning request will also correct the existing non-
conforming use.
PLANNING AND ZONING HISTORY
There is very little planning or zoning history on this property. The main house was built around 1876
with a remodel in 1901. It is unknown when the two additional rental units were placed on the property.
Over the years, a few home occupations have occurred on the site. No other history was found related
to this site.
3 1306 Crozet Ave.
PC Public Hearing 8/20/2013
COMPREHENSIVE PLAN
Land Use Plan:
The Crozet Master Plan land use plan designates the subject property as Neighborhood Density
Residential in the Crozet Community. The purpose /intent of the Neighborhood Density Residential
designation is for residential areas with a density of 3 — 6 residential units per acre including existing
residential areas within or below this range. Non - residential uses include institutional uses, such as
places of worship, public and private schools, and early childhood education centers (daycare centers
and preschools). Neighborhood- serving retail /commercial areas and office uses of less than 5,000
square feet may be allowed by exception only in Neighborhood Density Residential areas located within
one -half block of Downtown along Blue Ridge Avenue and east of Firehouse Lane.
The County's Open Space Plan does not describe any significant features on this site.
Staff believes the proposed rezoning is consistent with the Comprehensive Plan designation for this
area. The character of the surrounding neighborhood provides primarily single family residential uses.
The proposed two new residential units along with two of the existing residential units would not be out
of character in this location and is consistent with the recommendation of the Crozet Master Plan for
this area.
The Neighborhood Model: Staff's analysis below indicates how well the proposed development
meets the 12 principles of the Neighborhood Model:
Pedestrian Orientation
This property is on a corner lot with existing residences on it.
Sidewalks are located on two sides of the property. This
principle is addressed.
Neighborhood Friendly
This property is located in an existing, established
Streets and Paths
neighborhood, inclusive of existing landscape and trees
throughout the adjacent streets. This principle is addressed.
Interconnected Streets and
This property fronts on a major road and is adjacent to an
Transportation Networks
interconnected existing street system. This principle is
addressed.
Relegated Parking
Off - street parking for the existing residences already exists
and will remain in place. Off - street parking for lots 2 & 3 will
be provided with two new curb cuts and driveways with
expected garages at the rear of each lot. This principle is
addressed.
Parks and Open Space
Parks and schools are located within a' /4 mile of the property.
This principle is addressed.
Neighborhood Centers
This property is located within a couple of blocks, walking
distance, from downtown Crozet and the new library which is
under construction. This principle is addressed.
Buildings and Spaces of
The expected design of the two new potential residences will
Human Scale
be in keeping with the scale and vernacular of existing
adjoining residences on St. George Ave. These residences
are generally two -story with porches and separate garages at
the rear of the property. This principle is addressed.
Mixture of Uses
This is a proposed infill development to correct an existing
non - conforming dwelling unit on the site. The only proposed
use for this site is residential. Although the site does not
provide a mixture of uses. This site's close proximity to
4 1306 Crozet Ave.
PC Public Hearing 8/20/2013
Economic Vitality Action Plan
The primary goal of the County's Economic Vitality Action Plan is to:
Increase the County's economic vitality and future revenues through economic development by
expanding the commercial tax base and supporting the creation of quality jobs for local residents.
This Plan is developed for the benefit and economic well being, first, of current local residents and
existing local businesses.
The development that would occur as a result of this rezoning would provide additional local
employment opportunities.
Relationship between the application and the purpose and intent of the requested zoning
district
The R -4 district is intended to provide for compact, medium - density, single - family development, permits
a variety of housing types and provides incentives for clustering of development and provision of
locational, environmental, and development amenities. It is intended that R -4 districts be permitted
within community and urban area locations designated on the comprehensive plan. The R -4 district
allows primarily for residential uses by right.
Staff believes the proposal is consistent with the intent of the district and does serve as an appropriate
residential use within the County.
Anticipated impact on public facilities and services
Streets:
There are no major proposed impacts to the property or adjacent streets at this time. It is not
anticipated that there will be any significant added impacts to the area. (See Attachment D for VDOT
comments)
5 1306 Crozet Ave.
PC Public Hearing 8/20/2013
Downtown Crozet is within a' /4 mile, where there are a
mixture of uses that will be accessible for the residents of this
property. This principle is not applicable.
Mixture of Housing Types
The existing site provides two affordable rental units. One of
and Affordability
the units will be eliminated in order for the site to be
consistent with the proposed zoning district, and the other
unit will remain an affordable housing unit. This is a small
rezoning request that will correct an existing non - conforming
dwelling, it is consistent with the Crozet Master Plan, the
small size of the affordable unit will keep it affordable, and
there is no request for a density bonus. The applicant wishes
to continue providing an existing affordable unit. This
principle is met.
Redevelopment
This is the redevelopment of an existing lot and residence.
This redevelopment is consistent with the Comprehensive
Plan. This principle is met.
Site Planning that Respects
This site appears to be relatively flat. This principle is
Terrain
addressed.
Clear Boundaries with the
Not Applicable.
Rural Areas
Economic Vitality Action Plan
The primary goal of the County's Economic Vitality Action Plan is to:
Increase the County's economic vitality and future revenues through economic development by
expanding the commercial tax base and supporting the creation of quality jobs for local residents.
This Plan is developed for the benefit and economic well being, first, of current local residents and
existing local businesses.
The development that would occur as a result of this rezoning would provide additional local
employment opportunities.
Relationship between the application and the purpose and intent of the requested zoning
district
The R -4 district is intended to provide for compact, medium - density, single - family development, permits
a variety of housing types and provides incentives for clustering of development and provision of
locational, environmental, and development amenities. It is intended that R -4 districts be permitted
within community and urban area locations designated on the comprehensive plan. The R -4 district
allows primarily for residential uses by right.
Staff believes the proposal is consistent with the intent of the district and does serve as an appropriate
residential use within the County.
Anticipated impact on public facilities and services
Streets:
There are no major proposed impacts to the property or adjacent streets at this time. It is not
anticipated that there will be any significant added impacts to the area. (See Attachment D for VDOT
comments)
5 1306 Crozet Ave.
PC Public Hearing 8/20/2013
Rrhnnls-
Students living in this area would attend Crozet Elementary School, Henley Middle School, and
Western Albemarle School.
Fire and Rescue:
The Crozet Volunteer Fire Department is the closest fire station and is located less than '/4 mile away
on Three Notch'd Road. Fire /Rescue has no objection with this development as proposed.
Utilities:
The site is serviced by public water and sewer. No immediate or significant service capacity issues
have been identified by Rivanna Water and Sewer Authority (RWSA). See Attachment E for comments.
The County cash proffer policy for public facilities technically applies to this project in terms of
expectation for a cash proffer or equivalent public infrastructure improvement to address the project's
impacts. However, as a small infill development with existing dwellings, the policy only applies to the
additional unit being created. (See C.6.d. in Attachment G) Further, with the applicant indicating one
unit will be affordable, a proffer for such would allow the additional unit to be excluded from the
expectation for a cash proffer or equivalent public infrastructure improvement. (See C.3.c. in
Attachment G)
Anticipated impact on environmental, cultural and historic resources
There is no anticipated impact on cultural or historic resources. There are no significant environmental
features impacted by this rezoning request.
Anticipated impact on nearby and surrounding properties
No major anticipated impact is expected on nearby and surrounding properties with this rezoning
request.
Public need and justification for the change
The proposed rezoning will rectify the existing non - conforming use of three units on the R -2 zoned
property.
PROFFERS
As requested by zoning, the applicant has provided a proffer that commits a plan with specific
elements, such as the number of lots allowed as shown on the plan and the maintenance of the existing
sidewalk and during the installation of driveways. After additional review of the proffers, staff
recommends some minor technical fixes to the proffers, which the applicant has not had an opportunity
to complete. The following revisions are staff's suggestion for the proffer revisions which can be
completed prior to the Board of Supervisors public hearing: (See Attachment F)
Development and use shall be in general accord with the Plan titled "Sheet 2 of 2" prepared
by Roudabush, Gale & Associates, Inc. dated February 1, 2013, and revised July 12, 2013
(hereafter the "Plan "), as determined by the Director of Planning and the Zoning
Administrator. To be in general accord with the Plan, the development and use shall reflect
the following major elements in the approximate location, number and extent as shown on
the Plan:
b. The Property shall not be divided into more than three (3) lots, including the Residue
Lot 1 shown on the Plan.
c. Existing sidewalk immediately adjacent to the proposed driveways for lots 2 & 3 will
be maintained. If the sidewalk mentioned above is damaged during installation of
6 1306 Crozet Ave.
PC Public Hearing 8/20/2013
said driveways then it will be repaired so as to provide safe and convenient access
as determined by the Zoning Administrator.
Minor modifications to the Plan which do not conflict with the elements above may be made to
ensure compliance with the Zoning Ordinance.
2. Prior to approval by the County of the first final subdivision plat or site plan for the
Property, the Owner shall convert one of the two rental dwelling units on the Plan shown
as #1302 and #1304 on Residue Lot 1, from a dwelling unit to an accessory structure, to
the satisfaction of the Zoning Administrator.
In addition, a proffer for an affordable unit would alleviate the expectation for a cash proffer or
equivalent public infrastructure improvement to address the project's impacts.
SUMMARY
Staff has identified the following factors, which are favorable to this request:
1. The rezoning request would be consistent with the Comprehensive Plan.
2. The use is consistent with the uses permitted under the existing R -4 zoning district.
3. This rezoning request would correct the issue of the existing non - conforming use of
three units in the R -2 zoning district.
4. This rezoning request would continue to provide an affordable rental unit along with two
new residential units in this portion of the County.
Staff has identified the following factors which are unfavorable to this request:
1. None
RECOMMENDATION
Staff can recommend approval of rezoning ZMA201300003, 1306 Crozet Ave. with proposed
revised proffers as described in the staff report, the addition of an affordable housing proffer
and based on the factors favorable listed above.
ATTACHMENTS
ATTACHMENT A — Tax Map
ATTACHMENT B — Vicinity Map
ATTACHMENT C — Sheet 2 of 2 oreaared by Roudabush. Gale & Associates. Inc. dated February 1
2013. revised July 12. 2013.
ATTACHMENT D — Letter from Troy Austin, dated August 5, 2013
ATTACHMENT E — Electronic Mail from Victoria Fort, dated April 15, 2013
ATTACHMENT F — Proffers. dated July 13, 2013
ATTACHMENT G — Albemarle Countv Cash Proffer Pol
PLANNING COMMISSION MOTION:
A. If the ZMA is recommended for approval: Move to recommend approval of ZMA201300003 1306
Crozet Ave. as recommended by staff with proffers.
B. If the ZMA is recommended for denial: Move to recommend denial of ZMA201300003 Crozet Ave.
with the reasons for denial.
% 1306 Crozet Ave.
PC Public Hearing 8/20/2013
G
ME
it
❑V❑
q
U
,'19
9'
,h"I
3nN3Ad 13ZOdO
0L931nOd 31ViS
e�D`o0
m
u
,96101 M.M0 T.TVS
LU
U
(n1�
4j.. 'DUOS
!q
j
-- dull
u.Q
100 d
QI S 7uD�j ,SZ
YI
v
a
� I
T I
�,
-
OF 5
N .
G �}JTA
m
w W to N
c14 00 n
X14
'
dO
Inc °l
k rn
vN
LU L
O �
U
x o
g
� oZ
o .
N I
�jVl1'0�,.,
L
N yE0 y I` x
O`
+ N NLi 3k O' i
I
N I
r
s s ® J
m
mm
— —
—C dU,l'IdDQlaS OP!S ,SI
2 0
I
N
'
CN m
u
- °o. N
m
v Z9'ZhT 3 „Bh, D0.6EN
c°�I Q L4
3
w w
� d
Q C I In o
— — — ___ --
I au!l �0041as aP!S ,Sl
C,
c0
N
LO
;I x
a
�I, m
1= c0 'Q nl
m m
I
ILL EL �
NI
IN (L
— — —du!-I j.D91as aP!S ,91
0
68'217T 3AV.00.6EN u
--- — — — — — —
ull ap!S ,S1 I
b na
o
n
l u M
- �
a u
COI
1•-' jl
U'�i
I
0
Y —j<
T'^l n N
au
v
- d LI -omp'N
I� °��
Z °
L9 NI
'
z m "� O NCV o m
o
in
a_
r.
DI
o
u
dull 1-1112 S aP!S ,Sl . — — J
\
------ - - - - --
92'EhT 3. Bb,OO.6EN "
SHEET 2 of .2
U P*U0Z
(1DId) 484 'd 'Z94 •d 9ZOL
'e'a Revs'd: July 12, 2013
sowoyl 3 gZ *8'0
15' Side SSL Lot'1
n •M UaJDN V •a uaydalS
Label Paved Drive Lot 1
£lL- 10 -LV99 dW1
ROUDABUSH, GALE & ASSOCIATES, INC. FEBRUARY 1, 2013
ENGINEERS, SURVEYORS AND LAND PLANNERS
® A PROFESSIONAL CORPORATION A. SCALE: 1" = 30'
SERVING VIRGINIA SINCE 1838
914 MONTICELLO ROAD - CHARLOTTESVILLE, VIFIGIN!A22902
PHONE 434-M-0205 -FAX 434 2965220 - SWL INFOQROUDASUSH.COM edc: fi!e`o!der /8521- subd.prc FILE: 8521
ME
it
❑V❑
q
U
1 �tr • sp �iC'`
COMMONWEALTH of VIRCjINIA
DEPARTMENT OF TRANSPORTATION
1601 Orange Road
Culpeper, Virginia 22701 -3819
Gregory A. Whirley
Commissioner of Highways
August 5, 2013
Ms. Claudette Grant
Senior Planner
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Re: ZMA201300003 —1306 Crozet Ave.
Dear Ms. Grant:
We have reviewed the Proffer Statement provide by Ms. Mary Elizabeth Jensen for the rezoning
of property she owns at 1306 Crozet Ave. and offer the following comments:
1. Any new entrances and any restoration work on sidewalk within VDOT right -of -way will
require a Land Use Permit prior to work beginning.
2. VDOT has no additional comment concerning the proffers offered in the proffer
statement.
If-you need additional concerning this project, please feel free to contact me.
Sincerely,
/
! bAk
Troy Austin, P.E.
Area Land Use Engineer
Culpeper District
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
ATTACHMENT D
Claudette Grant
From:
Victoria Fort [vfort @rivanna.org]
Sent:
Monday, April 15, 2013 2:31 PM
To:
Claudette Grant
Subject:
ZMA201300003 1306 Crozet Avenue
Claudette,
RWSA has reviewed application ZMA201300003 —1306 Crozet Avenue. Below is a completed copy of the form that was
provided to us by Elaine Echols for SP & ZMA Applications.
To be filled out by RWSA for ZMA's and SP's
1. Capacity issues for sewer that may affect this proposal None Known
2. Requires Rivanna Water and Sewer Authority Capacity Certification Yes X No
3. Water flow or pressure issues that may affect this proposal ' None Known
4. "Red Flags" regarding service provision (Use attachments if necessary) None Known
Please let me know if you have any questions.
Thank you,
Victoria
Victoria Fort, EIT
Civil Engineer
Rivanna Water and Sewer Authority
695 Moores Creek Lane
Charlottesville, VA 22902
(P): (434) 977 -2970 ext. 205
(F): (434) 295 -1146
1 A'I TACHAMNT E
Original Proffers
Amendment X
PROFFER STATEMENT
ZMA No. 201300003
Tax Map and Parcel Number(s): 056A1 -01 -00 -11400
Owner(s) of Record: Mary Elizabeth Jensen
1.09 acres to be rezoned from R -2 to R-4, in accordance with plan entitled- Crozet Master Plan
Mary Elizabeth Jensen, is the owner (the "Owner ") of Tax Map and Parcel Number 056A1 -01 -00 -11400 (the
"Property") which is the subject of rezoning application ZMA No. 201300003 a project known as "1306 Crozet
Ave" (the "Project ").
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the
conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified
above. These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the
conditions are reasonable.'
1. The property shalt be developed in general accord with Sheet 2 of 2, prepared by Roudabush, Gale &
Associates, Inc., dated February 1, 2013, and revised July 12, 2013, (the "Plan"), as determined by the
Director of Planning and the Zoning Administrator. To be in general accord with the Plan, development
shall reflect the following major elements essential to the design of the development:
a. Total number of lots not to exceed three.
b. Existing sidewalk immediately adjacent to the proposed driveways for lots 2 & 3 will be
maintained. If the sidewalk mentioned above is damaged during installation of said driveways then
it will be repaired so as to provide safe and convenient access as determined by the Zoning
Administrator.
c. Only two dwelling units on Residue lot 1(See Proffer #3 for limited exception).
Minor modifications to the Plan which do not conflict with the elements above may be made to ensure
compliance with the Zoning Ordinance.
2. Prior to approval of a final subdivision plat by the County subdivision agent, the Owner shall render or
decommission one of the two rental dwelling units identified on the Plan as #1302 and #1304 on Residue lot
1, to something other than a dwelling unit, to the satisfaction of the Zoning Administrator.
3. The Owner may maintain the existing rental dwelling units identified in Proffer #2 until a final subdivision
plat is approved by the County subdivision agent.
ATTACHMENT F
APPENDIX B
Adopted by the Board of Supervisors October 10, 2007
COUNTY OF ALBEMARLE, VIRGINIA
CASH PROFFER POLICY FOR PUBLIC FACIILITIES
A. General
1. Authority: Virginia Code § 15.2 -2303 enables the County to accept proffers as
reasonable conditions to address the impacts resulting from a rezoning. This authority includes the
authority to accept cash contributions to address impacts to public facilities generated by new
residential development.
2. Policy: It is the policy of the County to require that the owner of property that is
rezoned for residential uses to provide cash proffers equivalent to the proportional value of the
public facilities deemed necessary to serve the proposed development on the property.
Accordingly, the Board will accept cash proffers for rezoning requests that permit residential uses in
accordance with this policy. However, the Board may also accept cash, land or in -kind
improvements in accordance with County and State law to address the impacts of the rezoning.
3. Reasonableness: This cash proffer policy must meet a "reasonableness" test, which
requires the Board to determine for each rezoning whether the amount proffered is reasonably
related both in nature and extent to the projected impacts of the proposed development on public
facilities. Through this policy, staff will recommend a maximum cash proffer in each case that
meets this test of reasonableness.
4. Public facilities covered by this policy: The following public facilities will be funded
by cash proffers: schools, transportation, parks, libraries and public safety. The County does not
currently calculate a cash proffer value to fund public facilities such as water and sewer
improvements, jails, landfills and other government facilities.
B. Maximum Per Unit Cash Proffer Amount
L. Maximum: The maximum cash proffer that the Board will accept for public facilities
from residential rezoning applicants is$ 7-.500:00 per SFD; $1.41 -900 -per SFA /TH; and $12;,400 -per
MF unit, to be adjusted annually without any further action by the Board according to the most
applicable Marshall and Swift Building Cost Index; as determined by the Director of Community
Development, and as expressly provided in the proffer statement.
2. Annual adjustment: Adjustments to the cash proffer amount due to projected public
facilities costs may be considered every fiscal year. Staff will re- compute net costs based on the
current methodology and recommend adjustments.
C. Calculation of Per Unit Cash Proffer Amount for Rezoning
1. General: Pursuant to this policy; staff will (i) calculate the annual net cost of public
facilities; (ii) calculate the fiscal impact of a rezoning request that permits residential uses on those
1
ATTACHMENT G
public facilities; and (iii) administer the collection and expenditure of the proffered 'funds in
accordance with State law.
2. ' Assumptions made in ca.lcula.tin(,) the cash amount: Staff determines the cost of
public facilities generated by new residential development by relying on the assumption that any
revenue derived from growth (residential and commercial real estate taxes, sales taxes, fees, etc.)
will pay the normal operating costs for services to residents of new developments and a percentage
ofthe County's Capital Improvements Program (CIP).
3. Determining number of dwellin< units in rezoning: A rczoning's impact on public
facilities will be evaluated based on the gross number of proposed dwelling units. When calculating
the gross number of dwelling units, staff will:
Use the upper end of the density range allowed vy the rezoning.
b. Not give credits for those dwelling units permitted under existing zoning
regulations (except as provided in sections C(6)(c) and (e)) or on agricultural lots, and will not
consider the transferring of allowable units from other properties.
C. Exclude dwelling units qualifying as affordable housing under the County's
definition of affordable housing.
4. Use of averages: In determining the net cost per dwelling unit of public facility,
staff relies on countywide averages, where possible. For certain public facilities, staff relies on
averages established for geographic service areas or districts established in the County.
a. Parks. libraries and public safety facilities: Since parks, libraries, and public
safety facilities serve the entire County, the geographic service districts for these facilities are
determined to be countywide. Rezoning requests, will be analyzed on a countywide basis to
determine impacts on these facilities and proffers may be spent to fund these facilities countywide.
b. Schools: The impacts of a residential development on schools will be
analyzed on a district basis to determine impacts on schools. In order to ensure that the cash
proffered by an applicant is used to fund the public facilities impacted by or required for the
development, the County is divided into three geographic service districts corresponding to the
attendance zones of high schools. District 1 corresponds to the attendance zone for Albemarle High
School, District 2 corresponds to the attendance zone for Western Albemarle High School, and
District 3 corresponds to the attendance zone for Monticello High School. Funds collected from a
development within a District will be spent on school improvements within that District or.for any
school improvement that provides relief for the.District the development is in.
G. Transportation: With. respect to transportation, the fiscal impact of rezoning
.requests will be analyzed on a countywide basis, with cash collected from a rezoning expended on
transportation projects in the County's Comprehensive Plan and associated Master Plans, CIP /CNA,
Strategic Plan, or VDOT Six Year Improvement Plan that relate to the impacts resulting from the
rezoning:
5. Consideration of demand. service level and cost: In addition to the use of averages,
staff will- consider the four "components" involved in calculating what a new dwelling unit will cost
the County in terms of providing public facilities. These components are as follows:
a. Demand generators; Staff uses the average for single family detached (SFD),
Single Family Attached / Townhouse /Condominium (SFA/TI - -I) and Multi - Family /Apartment (MF)
to determine the number of persons per dwelling unit, the number of students per dwelling unit (for
elementary, middle and high schools) and the number of daily vehicle trips per dwelling unit to
calculate demand generators (population, population portion of population plus ,lobs, pupils, and
daily vehicle trips) associated with a new dwelling unit.
b. Service levels: Staff assumes that the public facilities contained in the
County's CIP /Capital Needs Assessment (CNA) and Strategic-Plan will accommodate ten years'
worth of new development in a manner that will maintain present levels of service. Service levels
are calculated on a per - person, per - pupil, and per -daily vehicle trip basis. (Service levels are
calculated annually).
C. Gross cost of public facilities: Staff calculates the gross cost of public
facilities. The term gross cost is used because a credit (described in C(5)(d) below) for anticipated
future revenues from a new dwelling unit will be applied against the .gross cost. For example, to.
calculate the gross cost of park facilities, the average persons per dwelling unit is multiplied by the
County's per- capita CIP /CNA /Strategic Plan amount for park facilities.
d. Net cost: Staff calculates the net cost per public facility or maximum cash
proffer. This is the gross cost [(C)(5)(c)] per public facility minus the applicable credit [(C)(6)] per
public facility.
6. Credits: Staff calculates a credit to apply against the gross cost for each public
facility. The County has issued and plans to continue to issue general obligation bonds to finance
the construction of public facilities. New development will generate real estate and other taxes to
the County and staff assumes that a percentage of fhese taxes will go to help retire dais debt. So that
new dwelling units are not paying twice (once through payment of a cash proffer and again through.
real estate taxes) a credit is computed. For FY 08, that percentage is assumed to be 6 %. Credits are
authorized for the following:
a. Land and public infrastructure: In some cases, a rezoning applicant may wish
to mitigate the development's calculated impact on public facilities by dedicating property or doing
in -kind improvements in lieu of all or a portion of the cash proffer. The dedication of land and the
construction of public facilities recommended by the County's CIP or its master plans, or otherwise
identified as being necessary to address the impacts resulting from the proposed development. Land
and improvements that are not identified in the CIP or in a master plan should be entitled to a credit
only when it is found that the proposed development creates an immediate need for the land or
improvement that is better addressed by the applicant dedicating the land or constructing the
improvement than by receiving the cash equivalent. Credit for transportation may be allowed for
off -site land dedication or improvements, as recommended by the Department of Facilities
Development.
(1) Determining value: The value of donated land generally will be based
on the current assessed value of the specifically proffered property (not the assessed .value of the
property as a whole), not to exceed the cost per acre used in the calculation of the proffer. The
value of improvements shall be the estimated cost as if constructed by a governmental entity. If the
dedication or in -kind improvement does not fully mitigate the development's calculated impact on
ATTACHMLNT G
public facilities, then the dedication and /or improvement's value may be applied as a credit against
the development's calculated impact on the applicable public facility.
(2) Maximum credit: The credit cannot exceed the development's
Calculated impact on the applicable public facility.
b. Operational expenses: Operational expenses where the Board determines that
the cash contribution. reduces the demand for public facilities. For example,,a cash proffer for the
opera.tional expenses of public transit that eliminates the need for planned road improvements could
be entitled to a credit, which would be an amount comparable to the reduction in infrastructure
costs.
C. No increase of small increase in density: In rezoning applications where there
Is a minimal increase In density, a credit may be given iol' the 111 -Imber of I'esidentlal units allowed
Under the existing zoning and the cash proffer amount will be based only oil the estimated density
increase resulting front the rezoning. This credit may be allowed only for those rezoning
applications where the rezoning seeks the design flexibility allowed by the Neighborhood Model
zoning district or seeks to amend a prior rezoning with no increase in density. The credit should not
be allowed if the rezoning application seeks to increase density in a conventional, rather than a
planned, zoning district.
d. Small infill development with existing dwellings: In rezoning applications for
small infill developments, a. credit may be given for each existing dwelling that will remain. For
example, if a rezoning application would rezone a lot with an existing house to allow three lots,
only two new lots would be created allowing two new dwelling units. I.f the existing dwelling unit
will remain after the rezoning, the cash proffer policy should apply only to the two new dwelling
units.
C. Substantial upgrades to design /development standards: The Board inay
consider development proposals that include substantial upgrades to current design /development
standards and ordinance requirements as justification for granting a credit to the pre - existing lot
yield. Pre - existing lot yields will be calculated using average actual recorded lot yields provided
the applicant has not otherwise submitted documentation indicating higher lot yields in
conformance with existing ordinances and reflective of site specific physical features.
f. Unique circumstances: The County considers any unique circumstances
about a proposed development that: (i) mitigate the development's projected impact on public
facilities; and (ii) create a demonstrable reduction in capital facility needs. Unique circumstances
may include, but not be limited to, such projects like an age - restricted housing project. Staff, the
applicant or any other person may identify such mitigating circumstances.
7. ,Applicable policy: A rezoning 's fiscal impact on public facilities shall be established
under the cash proffer policy in effect on the date of the last public. hearing prior to the Board of
Supervisors' decision on the rezoning.
A 'Timing of Contribution and Expenditure of Cash - Contributed
1. Timing-: Payment of the cash proffer for residential development must occur prior to
release of a building permit. Timing for dedication of property or in -kind improvements should be
specified in the proffer.
4
2. Expenditure: The cash contributions shall be expended in accordance with State law.
Cash contributions received under this policy must be used for projects identified in the
Comprehensive Plan and associated Master Plans, CIA /CNA, and /or Strategic Plan. For public
facilities having a countywide service area (parks, libraries and public safety), the cash contribution
may be spent countywide.
ATTACHMENT G