HomeMy WebLinkAboutZMA201000011 Staff Report Zoning Map Amendment 2011-08-23COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 2010 - 00011, Estes Park
Staff: Judith C. Wiegand, AICP
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
August 23, 2011
Not scheduled
Owner(s): Clifford H. Fox, Jr. and Ruth Johnson
Applicant: Scott Collins, PE, Collins Engineering,
Estes Estate
representing the owners.
Acreage: 12.75 acres
Rezone from: R -1, Residential, which allows 1 unit
per acre to Planned Residential Development (PRD),
which allows residential uses (3 — 34 units /acre) with
limited commercial uses.
TMP: TMPs 032000000003300 and
By -right use: 12 residential units and up to 18 units
03200000003400
with density bonus.
Location: in the southwestern quadrant of Proffit
Road (Rt 649) and Worth Crossing /Leake Lane,
approximately 800 feet south of Proffit Road in the
Community of Hollymead. (Attachment A)
Magisterial District: Rivanna
Proffers: Yes
Proposal: Applicant proposes to construct 68
Requested # of Dwelling Units: 68
single - family detached units, in a pedestrian - friendly
layout, with a street network, with an interparcel
connection to Moubry Lane, and with 25% open
space that includes the stream on the property.
(Attachment B)
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 to the
one older residence and outbuildings on it. The
north is residential with two churches and a daycare
gently rolling terrain includes a stream with steep
facility, property to the east is the Forest Ridge duplex
slopes running from the northwest to the southeast
residential neighborhood, property to the west is the
across both parcels.
Worth Crossing townhouses, and the property to the
south is the Dominion Power substation.
Factors Favorable:
Factors Unfavorable:
1. The project would result in a neighborhood of 68
1. The method used by the applicant to calculate the
residences close to major employers expected
number of units on which the number of affordable
to add jobs in the future and within walking
housing units will be provided and the number of
distance of retail and services.
units on which the cash proffer for capital
2. The new development will be single - family
improvements will be paid does not follow the
detached homes at a density and scale
method stipulated in the Affordable Housing Policy
compatible with surrounding residential
or the Cash Proffer Policy of the Comprehensive
neighborhoods that adds another type of
Plan.
housing to the mix of duplexes and townhouses
2. The width of the streets in the proposed
now available in the immediate area.
development will allow parking on only one side of
3. The project's road network has been designed
the street; VDOT will require that the other side be
to interconnect with roads on other nearby
posted with "No Parking" signs, which may lead to
properties as they develop, as well as to create
parking conflicts when the site is fully developed.
a road network that will serve the larger Proffit
3. A tot lot or other type of recreational amenity has
Road/Worth Crossing area.
not been provided within the 25% open space.
4. The applicant proposes to create a second
4. Additional minor changes need to be made in the
entrance by completing the interparcel
wording of the proffers and on the application
connection set up when the Forest Ridge
plan, as listed under Recommendation at the end
neighborhood was developed in the 1990s. The
of this report.
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 1
existing cul -de -sac at the end of Moubry Lane
will be removed, the grade will be improved, and
affected driveways along Moubry Lane
extended to meet the reconstructed road.
5. The applicant has proffered to construct a
sidewalk and planting strip on one side of
Moubry Lane to provide a safer place for Forest
Ridge residents to walk once Moubry Lane
becomes a through street. By narrowing the
street, the sidewalk /parking strip will also serve
as a form of traffic calming for the Forest Ridge
neighborhood.
6. The project's design preserves the main section
of the stream, an environmental feature that
flows diagonally through the center of the two
parcels. The stream will become an amenity in
the open space area.
7. Approval of the Critical Slopes Waiver will
enable the developer to make the most efficient
use of the property while preserving the main
section of the stream.
RECOMMENDATION: Staff recommends approval of this rezoning provided certain changes are made in
the application plan and proffers, as listed under Recommendation at the end of this report.
Staff recommends approval of the Critical Slopes Waiver.
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 2
STAFF PERSON: Judith C. Wiegand, AICP
PLANNING COMMISSION: August 23, 2011
ZMA 2010 - 00011, Estes Park
Critical Slopes Waiver
PETITION
PROJECT: ZMA 201000011, Estes Park
PROPOSAL: Rezone 12.75 acres from R -1, Residential zoning district which allows 1 unit /acre to
PRD, Planned Residential Development zoning district which allows residential (3 — 34 units /acre)
with limited commercial uses. Proposed number of units is 68 for a density of 5.33 units /acre.
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 and TMP 03200000003400
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. 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.
A major issue in the area has been the creation of a street network sufficient to serve both existing
and proposed developments on all of the parcels in this area.
SPECIFICS OF THE PROPOSAL
The applicant would like to develop a pedestrian - friendly, single - family detached neighborhood of
68 homes, with a street network, an interconnection to Moubry Lane, and 25% open space. The
proposed density is 5.3 units per acre. A Project Narrative prepared by the applicant is included as
Attachment C.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant explained in the Project Narrative that the Estes Park rezoning would create a new
single family housing option in a pedestrian - friendly design within walking distance of commercial
uses and other amenities. Rezoning the property from R -1, Residential to Planned Residential
Development (PRD) would allow construction of 68 single family homes at a density of 5.3 units per
acre, which would be complimentary to the surrounding area and more in agreement with the
Places29 Master Plan land use designation of Urban Density Residential (the current R -1 zoning
would permit a maximum of 18 units with a density bonus). The applicant also indicates that
Neighborhood Model principles were considered in the design of the project, including pedestrian
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 3
orientation, interconnected streets, provision of open space, walkability, human -scale development,
and coordination with surrounding development. (Attachment C)
PLANNING AND ZONING HISTORY
The property has been zoned R -1, Residential since the County's comprehensive rezoning was
adopted in December 1980. Prior to 1980, the property was zoned agricultural.
COMPREHENSIVE PLAN
Places29 Master Plan: The Master Plan recommends Urban Density Residential land uses for
the two parcels subject to this rezoning, as well as for much of the surrounding area. The two
parcels subject to this rezoning are within the red circle on the excerpt from the Master Plan
shown below. The orange color denotes Urban Density Residential. The primary land uses
expected in this designation are multifamily and single - family residential, including two or more
housing types. Since the proposed Estes Park development of single - family detached homes
would be surrounded by townhouses and duplexes, this proposal meets the recommendations
of the Master Plan. (Note: North is at the top of this illustration and the one below it.)
Parks and Green Systems Map:
As shown in the excerpt from the Places29 Parks & Green Systems Map below, there are only a
few, small areas of critical slopes on the two parcels subject to this rezoning (circled in red). The
lower portion of the stream through the center of the two parcels is also shown.
The dashed purple line running along Worth Crossing denotes a proposed bike lane. The
dashed orange line running along Proffit Road denotes a proposed multi -use path. Neither of
these lanes /paths will affect the Estes Park property directly, although they will, when built,
provide amenities for the residents of the proposed development.
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 4
Proffit Road
Worth Crossing
The Neighborhood US 29 's analysis below indicates how well the proposed development
meets the 12 principle ighborhood Model.
Pedestrian
The application plan shows sidewalks on both sides of all streets in the
Orientation
proposed development. There is a short segment of asphalt sidewalk
on Worth Crossing directly in front of the Worth Crossing townhouses,
but there is no sidewalk on Worth Crossing north of the proposed
entrance to Estes Park. The sidewalk shown on the south side of Road
B could be connected to the asphalt path, while the sidewalk on the
north side of Road B could be connected to a future sidewalk on Worth
Crossing north of the entrance. If the sidewalk on the north side of
Road C is shown all the way to the corner of Moubry Lane, this
principle will be met.
Neighborhood
Sidewalks and paths have been provided for adequately. The streets
Friendly Streets
are generally neighborhood - friendly, except that they are too narrow to
and Paths
accommodate onstreet parking on both sides of the street. Staff is
concerned that, with the small lot size, conflicts may occur if parking is
limited to one side of the street. If onstreet parking was available on
both sides of the street, this principle would be met. (for further
discussion, see "Streets" in the Staff Comments section below)
Interconnected
The Plan shows a main entrance from Worth Crossing and a secondary
Streets and
one through Moubry Lane. There is also a stubout to the south that
Transportation
could be connected if the adjacent property ever develops. The road
Networks
network is excellent; it provides the connection between Worth
Crossing and Moubry Lane without creating a road that could be used
as a "speedway." This principle is met.
Parks and Open
The applicant has maintained 25% open space and incorporated the
Space
longest stretch of the existing stream into the open space. Staff
believes that if a recreational amenity, such as a tot lot or picnic
area is included, this principle will be met.
Neighborhood
The proposed development and the area around it are intended to be
Centers
residential to support nearby centers. The nearest center is on the west
side of Worth Crossing; residents of the proposed development will be
able to walk to a major grocery store and several other shops and
businesses. This principle is met.
Buildings and
The proposed neighborhood would include 68 single - family homes that
Spaces of Human
are arranged in a compact block pattern. The maximum building height
Scale
would be 35 feet. When the homes are designed, staff would like to see
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 5
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 proposed Estes Park development would support the Plan by providing housing for employees
of existing and potential businesses in the County, particularly in an area of the county where
employment growth is expect to occur.
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 6
the garages deemphasized by placing them so they are no closer to the
street than the front of the homes. This principle is met.
Relegated Parking
Two offstreet parking spaces have been provided for each residence;
one is in the garage and other is in the driveway in front of the garage.
County regulations require two offstreet spaces for single - family
detached dwellings (Section 4.22 definition of Single Family Dwelling,
and Section 19.10). So, the proposed development meets County
parking requirements. However, the parking will not be relegated unless
the front of the garages are either flush with the front of the house or,
preferably, recessed so the emphasis is on the front of the house rather
than the garage. Until the designs for the houses have been
developed, staff cannot determine if this principle is met.
Mixture of Uses
The proposed single - family neighborhood has a duplex neighborhood
and a townhouse development adjacent to it. Two churches and a
daycare are also nearby. With the shopping center on the west side of
Worth Crossing, the mixture of uses in this area is excellent; this
principle is met.
Mixture of Housing
When considered together with the adjacent townhomes and duplexes,
Types and
there is a good mixture of housing types in this area. No information
Affordability
has been provided on eventual sales prices for the homes in the
development, although they have been described to staff as "mid -
priced." The applicant proposes, with the agreement of the Office of
Housing, to provide cash in lieu of affordable housing units. As noted in
the discussion of proffers below, the method used to calculate the
number of affordable units does not comply with the requirements of
the Affordable Housing Policy of the Comprehensive Plan; this
principle is not met.
Redevelopment
There is one residence and several outbuildings on one of the parcels.
These structures will be demolished in order to construct the
development. The applicant has documented the buildings in advance
of demolition, as requested by staff. This principle is met.
Site Planning that
The open space has been configured to include the stream and protect
Respects Terrain
the wetlands. There is only one small area of 2:1 slopes on the site
and the applicant has applied for a critical slopes waiver (See below).
No retaining walls are proposed. This principle is met.
Clear Boundaries
This project is not located adjacent to the boundary with the Rural
with the Rural
Areas so this principle is not relevant.
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 proposed Estes Park development would support the Plan by providing housing for employees
of existing and potential businesses in the County, particularly in an area of the county where
employment growth is expect to occur.
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 6
Staff believes that this proposal is consistent with the goals and objectives of the Economic Vitality
Action Plan.
STAFF COMMENT
Relationship between the application and the purpose and intent of the requested zoning
district: The following section is an excerpt from the Zoning Ordinance:
PRD districts may hereafter be established by amendment to the zoning map in accordance
with the provisions set forth generally for PD districts in sections 8.0 and 33.0, and with
densities and in locations in accordance with the comprehensive plan.
The PRD is intended to encourage sensitivity toward the natural characteristics of the site and
toward impact on the surrounding area in land development. More specifically, the PRD is
intended to promote economical and efficient land use, an improved level of amenities,
appropriate and harmonious physical development, and creative design consistent with the best
interest of the county and the area in which it is located.
To these ends, the PRD provides for flexibility and variety of development for residential
purposes and uses ancillary thereto. Open space may serve such varied uses as recreation,
protection of areas sensitive to development, buffering between dissimilar uses and
preservation of agricultural activity.
While a PRD approach is recommended for developments of any density, it is recommended
but not required that the PRD be employed in areas where the comprehensive plan
recommends densities in excess of fifteen (15) dwelling units per acre, in recognition that
development at such densities generally requires careful planning with respect to impact.
(Amended 8- 14 -85)
The proposed Estes Park development complies with the requirements of section 8 of the zoning
code; it will be under unified control, will include an application plan, and will provide, operate, and
maintain common areas for the residents of the development. Estes Park is proposed for an area
designated Urban Density Residential (6.01 -34 units per acre) in the Places29 Master Plan. While
the proposed density in Estes Park is 5.33 units per acre, slightly less than the minimum, the
development will be single - family detached homes on smaller lots, an appropriate residential
alternative to the townhomes and duplexes nearby.
The applicant has incorporated the stream into the 25% open space required for a PRD
development and has used it as an amenity on the site. The applicant has worked with the
neighbors and County staff to minimize impacts on surrounding developments and neighborhoods.
As an example, the applicant has proffered construction of a sidewalk and planting strip on one side
of Moubry Lane as a means of traffic calming and to provide safer walking places for all residents of
the area. Also, the cul -de -sac will be removed in a way that is sensitive to the grades of that part of
Forest Ridge and the close proximity of homes in that development.
The proposed 68 units represent a significantly more efficient and economical use of the land than
the 12 units (18 with density bonus) that would be possible under the current R -1, Residential
zoning. The applicants are proposing a road network that will not only serve the Estes Park
development, but will also tie into the surrounding developments and create the foundation of a
street network that will ultimately serve the entire southeastern quadrant of the Proffit Road and
Worth Crossing /Leake Lane area.
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 7
Staff believes that the proposal meets the intent of the Planned Residential Development (PRD)
district.
Public need and justification for the change:
The County is experiencing additional employment growth in the Places29 area as the Rivanna
Station Military Base expands and the University of Virginia Research Park continues to add
businesses. Providing housing for employees and their families in reasonable proximity to these
jobs is an important County goal. Rezoning the property so that additional units can be constructed
in a design that follows the principles of the Neighborhood Model will help ensure that additional
homes in a housing type not yet found in this immediate area will be built.
Impact on Environmental, Cultural, and Historic Resources:
The applicant has designed the development so that the main portion of the stream that runs
through the center of the parcels remains in the open space area; it will be a natural amenity.
The house and outbuildings currently on one of the parcels (TMP 32 -34) will be demolished. They
have been documented by the Historic Preservation Committee prior to their demolition.
The Estes Family cemetery is located in the southwest corner of the site. It is currently very
overgrown and most of the graves are unmarked. The Historic Preservation Committee has viewed
the site and an expert in old cemeteries has indicated that the boundaries shown on the application
plan reflect the edges of the cemetery. Staff has requested that the applicant charge the proposed
homeowners association with fencing and maintaining the cemetery.
Anticipated impact on public facilities and services:
Streets: VDOT has indicated that:
While two offstreet parking spaces per unit meet VDOT requirements so that the proposed
development could be designed with parking on only one side of the street, VDOT would
prefer that the streets be designed for parking on both sides. Otherwise, one side of each
street will need to be posted with "No Parking" signs. VDOT has expressed concern that,
since the two offstreet spaces are one behind the other (one is in the garage), some
residents may choose not to use one or the other of their offstreet spaces. This might mean
more cars parked onstreet, might lead to parking in restricted areas, and could result in
residents' complaints or parking conflicts if a resident's home was located on the "wrong"
side of the street. Onstreet parking by residents would also cut down on the number of
spaces for guest parking or for the third (or subsequent) car belonging to a household.
According to the traffic analysis provided by the applicant, a left turn lane from Proffit Road
into Moubry Lane is not warranted at this time, but it is very close. Future background traffic
growth on Proffit Road could warrant a left turn lane into Moubry Lane. The construction of a
left turn lane appears to require acquisition of right -of -way from adjacent parcels to
accommodate the widening necessary for the left turn lane. (See Attachment D)
Staff agrees with VDOT's recommendation that the streets be widened enough to allow parking on
both sides of the street.
Schools: Students living in the proposed Estes Park development will attend Baker - Butler
Elementary, Sutherland Middle, and Albemarle High schools.
Fire and Rescue: The Hollymead Fire /Rescue Station on Airport Road is the nearest station.
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 8
Utilities: RWSA and ACSA have provided comments on the proposed Estes Park development.
Water and sewer are available at the site and no problems with provision of them are known. (See
Attachments F and G)
The County's Cash Proffer Policy states that:
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.
This would mean that 68 single - family detached homes at $19,100 per unit would result in a total of
$1,298,800 minus the credit for the Sidewalk Expense.
Anticipated impact on nearby and surrounding properties:
The primary impact anticipated on surrounding properties is an increase in traffic. The proposed 68
units are expected to generate approximately 729 trips per day, according to the traffic impact
assessment prepared by the applicant. These trips are not expected to cause adverse impacts on
traffic operations at the site entrance along Worth Crossing or at the Moubry Lane / Proffit Road
intersection.
The traffic study also evaluated whether a turn lane from Proffit Road into Moubry Lane was
warranted by the additional traffic from Estes Park. Construction of a left turn lane is not warranted.
VDOT has indicated, though, that the left turn lane may be necessary as background traffic
increases and /or additional development takes place in the area.
The design of the interconnection from Estes Park to Moubry Lane, as shown on the application
plan, meets both VDOT and County requirements. The design includes lowering the surface of the
road at the cul -de -sac, removing those parts of the cul -de -sac that will no longer be part of the road,
lengthening affected driveways, and returning the "surplus" portions of the cul -de -sac to adjacent
property owners.
Residents of the Forest Ridge neighborhood have expressed concern from the beginning of the
Estes Park rezoning that they would no longer be able to walk along Moubry Lane once it became a
through street. Forest Ridge was built before the County began requiring sidewalks and street trees
in Development Area neighborhoods. Forest Ridge residents also expressed concern about the
potential for speeding along Moubry Lane since the street is a wide one. Staff measured the width
as 38 feet from curb to curb. Staff suggested that a sidewalk built in the right -of -way on one side of
Moubry Lane would help reduce the width. VDOT noted that a planting strip (minimum 2.5 feet in
width) would need to be provided between the new sidewalk and the street. The total reduction in
street width will be approximately 8 feet. When cars are parked onstreet, that will further reduce the
"speedway" appearance of Moubry Lane. The applicant has responded to staff and VDOT requests
in Proffer 3 below, which provides for the requested improvements.
Phasing:
The applicant has indicated on the cover sheet and application plan that three phases are
contemplated. In a letter dated June 20, 2011, the applicant states that:
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 9
The Estes Park Project includes three construction phases. All phases are shown on the site
plan sheet of the application plan. Phase 1 includes lots 1 -20, 26 & 27, and 38 -47 and
associated infrastructure. Temporary turn - arounds will be provided as necessary with Phase 1.
Phase 2 covers the remaining of the lots and infrastructure on site. Phase 3 covers off -site
improvements to the Forest Ridge Neighborhood along Moubry Lane.
Staff has requested that the phasing information now included on the cover sheet of the application
plan be expanded to include the information in the paragraph above. Since the letter of June 20 will
not be adopted as part of the rezoning, the information needs to be on the approved plan.
PROFFERS
Attachment D contains the current draft proffers. Some changes in the wording relating to the form
of the proffer have been requested and others are expected prior to the Board of Supervisors'
public hearing. Individual proffers are described below:
Proffer 1: Worth Crossing Connection.
The applicant proposes to construct the entrance road into the proposed development, as shown on
the application plan. This proffer is necessary to ensure that the entrance is constructed as shown
on the application plan because much of the entrance road would be located on a parcel not
included in this rezoning application.
Staff supports the inclusion of this proffer. It has been recently revised, so staff is awaiting
comments from the County Attorney on the precise wording.
Proffer 2: Moubry Lane Sidewalk.
The applicant has agreed to construct a sidewalk, planting strip, and associated drainage facilities
within the existing right -of -way along the east side of Moubry Lane. The cost of these improvements
would be deducted from the funds received from the cash proffer for capital improvements. These
improvements will provide two important benefits. First, Forest Ridge residents will have a safer
place to walk once the cul -de -sac is removed and Moubry Lane becomes a through street. The
planting strip will also provide a small buffer between the sidewalk and the street, as well as a
location for residents' mailboxes.
The second benefit is that the resulting street will be narrower, thereby providing a form of traffic
calming. When residents and their guests park along the street, the parked cars will increase the
traffic calming effect of the narrower street.
Staff believes this is an excellent way to deal with the increase of traffic on the Moubry Lane once it
becomes a through street and also supports funding these improvements through the cash proffer
for capital improvements funds.
Proffer 3: Cash Proffer for Capital Improvements Projects.
At the beginning of this proffer, the applicant explains the method used to calculate the number of
units on which the applicant is willing to pay a cash proffer for capital improvements. The applicant
subtracted the total number of units, including bonus units, that could be built under the current R -1,
Residential zoning (18) from the total number of proposed units (68). The result is 50 units on which
the applicant is proffering cash for capital improvements. Staff notes that the County's Cash Proffer
Policy states, "[a] rezoning's impact on public facilities will be evaluated based on the gross number
of proposed dwelling units." To determine the number of units, the policy does, "[n]ot give credits for
those dwelling units permitted under existing zoning regulations (except as provided in sections
C(6)(c) and (e))...."
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 10
Sections C(6)(c) and (e) refer to credits that may be applicable. Section (c) states:
c. No increase or small increase in density: In rezoning applications where there is a minimal
increase in density, a credit may be given for the number of residential units allowed under the
existing zoning and the cash proffer amount will be based only on the estimated density
increase resulting from 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.
Staff does not consider an increase from 18 by -right units to 68 units to be a minimal increase, so
this credit should not apply.
Section (e) states:
e. Substantial upgrades to design /development standards: The Board may 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.
Staff notes that the proposed development incorporates many Neighborhood Model features, but
the County generally achieves this result with other residential developments. So the fact that the
proposed Estes Park development will fulfill most of the principles does not distinguish it from other
residential rezonings. Staff believes that Estes Park should pay the full single - family detached
amount for all 68 units. This would mean that for 68 single - family detached homes at $19,100 per
unit, the total would be: $1,298,800, minus the credit for the Sidewalk Expense.
The Policy also includes a potential credit for affordable units constructed as part of a development.
However, since Estes Park is proffering cash -in -lieu of affordable units, this credit would not apply.
This proffer also includes language that the "Sidewalk Expense" should be credited against the total
amount the applicant would pay under this proffer. The "Sidewalk Expense" includes construction of
the sidewalk, planting strip, and related drainage facilities on Moubry Lane. Staff believes that these
improvements are essential to provide safer pedestrian facilities for the residents of Forest Ridge
and that these improvements would have to be made by the County, if not provided by the
developer. So, staff supports the inclusion of the "Sidewalk Expense" credit in the proffers. The
amount will be included in this Proffer prior to the public hearing before the Board of Supervisors.
Proffer 4: Affordable Housing.
It is staff's understanding that, with the agreement of the County's Chief of Housing, the applicant is
proffering to provide cash in lieu of affordable units, rather than the affordable units themselves. So,
the first paragraph ( "a ") of Proffer #4 applies. The applicant proffers cash in lieu of 15% or seven (7)
affordable units. However, as with Proffer #3, this proffer is based on 50 units rather than the 68
included in the rezoning. The Affordable Housing Policy asks for a "minimum of 15%" of the units;
no credits are offered that would apply to the Estes Park rezoning. Staff believes that all 68 units
should be included in the 15% calculation, which would result in 10.2 units of affordable housing.
The Chief of Housing has indicated that, where the 15% works out to include a fraction of a unit, the
cash -in -lieu payment may use the fractional number rather than rounding the number up to 11, as
would be done for provision of actual units. Thus, 10.2 units at $21,125 per unit, would result in a
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 11
proffer amount of $215,475.
The County Attorney has indicated that the standard language used in this proffer relating to "for
sale" units is being revised. The applicant has been advised that further changes in this wording
may be necessary and may be made before the proffer is reviewed by the Board of Supervisors.
Proffer 5: Moubry Lane Interconnection.
The applicant has included this proffer to clarify for the residents of Forest Ridge that the "Moubry
Lane Interconnection" will be constructed with consideration for Forest Ridge residents. The proffer
states that construction of the interconnection will not begin until the rest of the Estes Park project is
nearing completion, that Moubry Lane and the interconnection will not be used as a construction
entrance, and that the cul -de -sac will be removed at the time the interconnection is made.
Staff supports this proffer as recognition of the need to mitigate the impacts of construction of the
interconnection as much as possible.
Proffer 6: Erosion and Sediment Control.
The applicant proffers additional erosion and sediment control. Staff is comfortable with this part of
the proffer.
Section b covers revegetation. The County Engineer has noted that the timeline for establishment
of permanent vegetation is now required by County ordinance, so it does not need to be proffered.
Staff recommends removing section b.
Staff also notes that the signature line for "Ruth Johnson Estes" will need to be revised to reflect
that her heirs will be signing these proffers.
WAIVERS
The applicant has applied for a Critical Slopes Waiver. The critical slopes waiver request has been
reviewed. Staff's analysis follows:
Description of critical slope area and proposed disturbance:
The majority of critical slopes which need a waiver are along the stream banks on the property.
(See Attachment B, Grading Plan sheet)
Areas
Acres
Total site
12.75 acres
Critical slopes
0.27
2% of site
Critical slopes disturbed
0.1
3% of critical slopes
Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable
alternative locations:
The portion of critical slopes off the Moubry Lane cul -de -sac is exempt, and will be disturbed to
make the road connection. The other road crossings are arguably exempt, because they involve the
layout of the development, which is being reviewed with the rezoning.
Compliance with Zoning Ordinance 18 -4.2:
"movement of soil and rock"
Proper slope construction, control of drainage, and vegetative stabilization will help prevent any
movement of soil. Some movement may occur over time due to natural stream bank erosion.
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 12
"excessive stormwater runoff'
Some subdivision road and rooftops will drain through this stream to a stormwater pond.
"siltation"
Inspection and bonding by the County will try to minimize siltation during construction. Proper
stabilization and maintenance will help to achieve long term stability.
"loss of aesthetic resource"
This area will be visible from the roads and houses in the neighborhood. It is not currently visible
from off -site.
"septic effluent"
This neighborhood is serviced by public sewer.
Based on the review above, there are no engineering concerns. These critical slopes are almost
inconsequential, and most of the disturbances are for roads and access, which could be considered
exempt.
SUMMARY
Staff has identified the following factors, which are favorable to this rezoning request:
1. The project would result in a neighborhood of 68 residences close to major
employers expected to add jobs in the future and within walking distance of retail and services.
2. The new development will be single - family detached homes at a density and scale
compatible with surrounding residential neighborhoods that adds another type of housing to the
mix of duplexes and townhouses now available in the immediate area.
3. The project's road network has been designed to interconnect with roads on other
nearby properties as they develop, as well as to create a road network that will serve the larger
Proffit Road/Worth Crossing area.
4. The applicant proposes to create a second entrance by completing the interparcel
connection set up when the Forest Ridge neighborhood was developed in the 1990s. The
existing cul -de -sac at the end of Moubry Lane will be removed, the grade will be improved, and
affected driveways along Moubry Lane extended to meet the reconstructed road.
5. The applicant has proffered to construct a sidewalk and planting strip on one side of
Moubry Lane to provide a safer place for Forest Ridge residents to walk once Moubry Lane
becomes a through street. By narrowing the street, the sidewalk /parking strip will also serve as
a form of traffic calming for the Forest Ridge neighborhood.
6. The project's design preserves the main section of the stream, an environmental
feature that flows diagonally through the center of the two parcels. The stream will become an
amenity in the open space area.
7. Approval of the Critical Slopes Waiver will enable the developer to make the most
efficient use of the property while preserving the main section of the stream.
Staff has found the following factors unfavorable to this rezoning:
1. The method used by the applicant to calculate the number of units on which the number of
affordable housing units will be provided and the number of units on which the cash proffer for
capital improvements will be paid does not follow the method stipulated in the Affordable
Housing Policy or the Cash Proffer Policy of the Comprehensive Plan.
2. The width of the streets in the proposed development will allow parking on only one side of the
street; VDOT will require that the other side be posted with "No Parking" signs, which may lead
to parking conflicts when the site is fully developed.
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 13
3. A tot lot or other type of recreational amenity has not been provided within the 25% open space.
4. Additional minor changes need to be made in the wording of the proffers and on the application
plan, as listed under Recommendation at the end of this report.
RECOMMENDATION
Staff recommends approval of this rezoning provided certain changes are made in the application
plan and proffers, as listed below:
1. The applicant meets the policies for affordable housing and cash proffers:
a. Affordable Housing Policy: 68 units * 15% = 10.2 units. !0.2 units * $21,125/unit =
$215,475.
b. Cash Proffer Policy: 68 units * $19,100 per unit = $1,298,800, minus the Sidewalk
Expense.
2. The applicant increases the width of the streets to permit parking on both sides of the
streets in the neighborhood.
3. A tot lot or other recreational amenity is added within the open space shown on the
application plan.
4. The following technical changes need to be made on the application plan:
a. Lot -to -lot drainage along roads D and A will need to be addressed, per the County
Engineer.
b. The sidewalk on the north side of Road C needs to be extended to intersect with
Road A.
c. The Phasing information now included in Scott Collins' letter dated June 20, 2011
needs to be added to the phasing information now included on the cover sheet of the
application plan.
Staff recommends approval of the Critical Slopes Waiver.
PLANNING COMMISSION MOTION — Zoning Map Amendment:
A. Should a Planning Commissioner choose to recommend approval of this zoning map
amendment:
Move to recommend approval of ZMA 2010 - 00011, Estes Park with the changes in the
application plan and proffers as recommended by staff.
B. Should a Planning Commissioner choose to recommend denial of this zoning map
amendment:
Move to recommend denial of ZMA 2010 - 00011, Estes Park. Should a commissioner motion to
recommend denial, he or she should state the reason(s) for recommending denial.
PLANNING COMMISSION MOTION — Critical Slopes Waiver:
A. Should a Planning Commissioner choose to recommend approval of the critical slopes waiver:
Move to recommend approval of the Critical Slopes Waiver for ZMA 2010 - 00011, Estes Park,
as recommended by staff.
B. Should a Planning Commissioner choose to recommend denial of the critical slopes waiver:
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 14
Move to recommend denial of the Critical Slopes Waiver for ZMA 2010 - 00011, Estes Park.
Should a commissioner motion to recommend denial, he or she should state the reason(s) for
recommending denial.
ATTACHMENT A: Location Map
ATTACHMENT B: Application Plan, dated June 20, 2011 (five sheets)
ATTACHMENT C: Applicant's Protect Narrative, dated February 7, 2011
ATTACHMENT D: VDOT Comments, dated July 15, 2011
ATTACHMENT E: Draft Proffers, dated August 5, 2011
ATTACHMENT F: ACSA Comments, dated February 11, 2011
ATTACHMENT G: RWSA Comments, dated February 23, 2011
ZMA 2010 - 00011, Estes Park
Planning Commission Public Hearing, August 23, 2011
Staff Report, Page 15