HomeMy WebLinkAboutZMA201100001 Staff Report 2011-11-08COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Revised October 21, 2011
Project Name: ZMA 2011 -00001
Staff: Elaine K. Echols, AICP
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
November 8, 2011
December 14, 2011
Owners: Fontana Land Trust, Fontana
Applicant: A.M. Nichols and Stan Rose with
Owners Association
Terra Engineering and Land Solutions as
consulting engineer
Acreage: 6.09 Acres
Rezoning Request: Amend proffers associated
with ZMA 2004 -14 Fontana Phase 4C to
eliminate obligation to build sections of trail
TMP:
Location:— In open space behind Olympia Drive
078EO- 00- 00- 000AO, 078EO- 00- 00- 000EO,
and Appian Way and also at the rear of lots on
078EO- 00- 00- 000DO, 078EO- 00 -00- 12800,
the north side of Fontana Court in the Fontana
078EO- 00 -00- 12700, 078EO- 00 -00- 12600,
Subdivision
078EO- 00 -00- 12500, 078EO- 00 -00- 12400,
078EO -0- 000 - 12300, 078EO- 00 -00- 12200,
078EO- 00 -00- 12100, 078EO -00 -00 -12000
Magisterial District: Rivanna
Proffers: Yes
DA (Development Area): Neighborhood
Comp. Plan Designation: Neighborhood
Three - Pantops
Density Residential
Character of Property: Cleared and
Use of Surrounding Properties: Residential
wooded areas, some steep terrain
(Fontana Subdivision)
Factors Favorable:
Factors Unfavorable:
1. Many residents of the neighborhood and
1. Elimination of paths as interconnections is
the Owners Association desire
contrary to the recommendations of the
elimination of the paths and believe that
Comprehensive Plan, in particular the
elimination of the paths will have a
Neighborhood Model and the Pantops
positive impact on the neighborhood.
Master Plan.
2. To date, property owners on the north
2. Paths throughout neighborhoods enable
side of Fontana Court have been
pedestrians to move safely and conveniently
unwilling to provide easements to
through a neighborhood without having to
construct a path.
walk in the street.
RECOMMENDATION: Staff recommends approval of the current proffer amendment to delete
the path behind houses on Fontana Court, and provide a marked grass pathway in the open
space east and west of Appian Way.
ZMA 2011 -00001
PC Nov, 8, 2011
Page 1
STAFF PERSON:
PLANNING COMMISSION:
ELAINE K. ECHOLS, AICP
NOVEMBER 8, 2011
ZMA 2011 -00001 FONTANA TRAIL PROFFER AMENDMENT
Backqround: This request was heard by the Planning Commission on April 19, 2011. At
the time, the Planning Commission recommended approval of this ZMA:
change subject to the conditions as set forth in the staff report, amended as follows:
1. Trail segments A & B (identified in the staff) report be retained; however they should be kept as grass and
marked;
2. Trail segment C (identified in the staff report) be deleted;
3. The trail system for Fontana Phases 1, 2, 3, 4, 4a, and 4b be completed by May 1, 2012
4. An up to date map showing the constructed and proposed trails be provided to accompany the proffers
It is being re -heard by the Commission due to an advertising error. Since the
Commission's meeting, the applicant has made some modifications to the proffers.
Changes to the original report to reflect the correct legal ad and updated information are
identified in italics.
Applicant's Proposal: The Fontana Owner's Association and the developer of the
Fontana Subdivision are asking to remove an obligation for the developer to build a portion
of trails in the Fontana development. The revised proffers are provided as Attachment A.
Petition:
PROJECT: ZMA 2011 -00001 Fontana Trail Proffer Amendment
REQUEST: Amend proffer applicable to TMP 078E000OOOOOAO to remove obligation to
build trail on 6.09 acres zoned R -4 Residential which allows 4 units per acre. Proffer was
made in conjunction with the ZMA2004 -00018 which was a rezoning of 17.15 acres on
TMP 078E000OOOOOAO. No proposed change in density.
PROFFERS: Yes.
EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Neighborhood Density
Residential which allows residential (3 -6 units /acre) and supporting uses such as religious
institutions and schools and other small -scale non - residential uses in the Pantops
Neighborhood.
ENTRANCE CORRIDOR: No.
LOCATION. The trail would have been off -site of TMP 078E000OOOOOAO in open space
behind Olympia Drive and Appian Way and also at the rear of lots on the north side of
Fontana Court in the Fontana Subdivision (TMPs 078E000OOOOOEO, 078E000OOOOOOD,
078E0000012800, 078E0000012900, 078E0000012700, 078E00000012600,
078E0000012500, 078E0000012400, 078E0000012300, 078E0000012200,
078E0000012100,078E0000012000)
Character of the Area: The neighborhood is comprised of single - family homes. North of
the existing development, construction is taking place for the Hyland Ridge development.
Multi- family units have been constructed south of the development. Open space within the
development is hilly and flat, cleared and wooded, depending on the location. The area is
hilly and wooded behind the houses which front on Fontana Court.
ZMA 2011 -00001
PC Nov, 8, 2011
Page 2
Specifics of the Proposal: Issues relating to the path system go back to early 1997. When
the developer submitted the first subdivision plat for Fontana, he asked to use a path
system in open space at the backs of the lots instead of providing sidewalks. Ultimately,
the substitution of paths for sidewalks was approved for the development in late 1997.
From 1997 to 2007, only a few of the paths were actually installed. Paths that were
installed were viewed by a number of the residents as unsafe, unusable, or difficult to
maintain.
In 2007 and 2008, when the developer asked to upzone the remaining land in the Fontana
development, a number of homeowners petitioned the Board of Supervisors to compel the
developer to complete the path system. As a result, the developer proffered to complete
the path system in accordance with the plan shown on the following page.
As the developer has
worked to complete the A
system, he has
encountered resistance
from the Owners
Association for a path
through property owned
by the Owners
Association. He has also
been unable to gain °
permission to put the
path in a sewer
easement owned by the
homeowners whose
houses face Fontana !
iu
r
4
_� „I o/ t%
a
Court. For these reasons,
he has requested the ability to be relieved of the obligation to provide these paths. The
path in purple is the one which the developer would like to eliminate from the plan. The
path in blue is one which will be built with Fontana Phase 4C. The path in black is the one
which the developer wishes to provide as a grass path with a trail marker. These changes
are consistent with the recommendations of the Planning Commission on April 19, 2011.
Applicant's Justification for the Request: The applicant has indicated that the
amendment, if approved, will eliminate unwanted paths. He has said that trees will be
preserved, mostly behind Fontana Court.
Planning and Zoning History:
ZMA 94 -06 Upper Pantops Land Trust - rezoned 108.2 from R1 and R15 to R6; 62 acres
were rezoned from RA to R4, and 154 acres were rezoned from RA to R1.
SUB 97 -036 was the Fontana preliminary subdivision plat which was approved in 1997.
The preliminary plat expired in 2003 and individual sections of Fontana came in as
separate preliminary and final plats.
ZMA 2004 -18 was submitted in 2004 and approved in March 2008 for R -4 across the
entirety of the Fontana development. The rezoning was approved for 34 single - family
ZMA 2011 -00001
PC Nov, 8, 2011
Page 3
units. Included with the rezoning was the proffer to construct the pedestrian paths in the
earlier sections of Fontana. (See Attachment B for existing proffers for ZMA 2004 -018.)
Conformity with the Comprehensive Plan
The residential use conforms to Pantops Master Plan. Recommendations for pedestrian
paths are:
Interconnect greenspace, where trails lead to parks, neighborhood centers, or the Rivanna
River providing pedestrian and bike facilities.
An improved trail system (See Parks and Green Systems Map) within Pantops will provide
pedestrian and bicycle connections and an alternative to automobiles.
The proffered trails in Fontana are not shown on the County's Parks and Green Systems
Map because they are neighborhood trails. When built, though, the system of trails would
allow for access to public sidewalks that lead to public trails.
The three Neighborhood Model principles which apply to this request are: Pedestrian
Orientation, Interconnected Streets and Transportation Networks, and Parks and Open
Space. Provision of the paths would allow for better pedestrian access within the
development which would facilitate interconnections. In addition, better use of common
open areas could be made.
Staff Comment
Relationship between the application and the purpose and intent of the requested
zoning district: No change in zoning district is requested.
Public need and justification for the change: Staff finds no public benefit by elimination
of the paved paths; however, staff acknowledges that there is little, if any ability to obtain
easements from the owners of the lots which face Fontana Court. In addition, with signage
of pedestrian areas, residents will know that they are allowed to make use of the space.
Impact on Environmental, Cultural, and Historic Resources — No environmental,
cultural, or historic resources identified in the Master Plan will be affected by the provision
or deletion paths.
Anticipated impact on public facilities and services — No impact is expected.
Anticipated impact on nearby and surrounding properties — A number of homeowners
have contacted the County over the last ten years concerning the provision or lack of paths.
Some of the homeowners have asked that all paths be eliminated because they believe the
paths are intrusive to their back and side yards. Some of the homeowners, particularly the
ones who came and spoke to the Board of Supervisors on August 8, 2007, were adamant
that the paths be provided. These owners view the paths as an amenity and part of their
expectation for the development when purchasing their homes. Since that time, however,
the Owners Association has ascertained that little support exists for constructing any
additional trails in the development.
ZMA 2011 -00001
PC Nov, 8, 2011
Page 4
Proffers
Only one proffer change is proposed for ZMA 2004 - 00018. This proffer is provided as
Attachment A. The proffer references a revised /updated map which shows the paths as
they are currently built and which identifies the path that will be marked with signage.
A few of the trails need to be repaired or modified to pass the County Engineer's
inspection. At the Commission's April meeting, Commissioners asked the applicant if he
would be willing to proffer a completion date of May 1, 2012 for the trails. The applicant's
representative told the Commission that completion by that date would not be problematic.
The applicant has since decided not to proffer a completion date for finishing the trails.
However, staff believes this is not an issue as there are bonds on the trails. The County
Engineer believes that, if the trails are not finished, he can call the bond and have the
County finish the trails at any time. This arrangement appears to be satisfactory to the
Owners Association.
SUMMARY
Staff has identified the following factors, which are favorable to this rezoning request:
1. Some residents of the neighborhood and the Owners Association desire elimination of
the paths and believe that elimination of the paths will have a positive impact on the
neighborhood.
2. To date, property owners on the north side of Fontana Court have been unwilling to
provide easements to construct a path.
Staff has found the following factors unfavorable to this rezoning:
1. Elimination of paths as interconnections is contrary to the recommendations of the
Comprehensive Plan, in particular the Neighborhood Model and the Pantops Master
Plan.
2. Paths throughout neighborhoods enable pedestrians to move safely and conveniently
through a neighborhood without having to walk in the street.
RECOMMENDATION
Although elimination of paths and connections is contrary to the recommendations of the
Comprehensive Plan, staff believes the proposed system is an adequate compromise
which will allow for pedestrian access with the development. Without support for the
additional paths, it appears that the neighborhood believes that the pedestrian access
currently provided is sufficient. For this reason, staff recommends approval of the request
to eliminate one path altogether and to provide for signage to mark grassy trails in the other
two places shown on the proffered plan.
Planning Commission Motion:
For approval.
Motion to recommend approval of the proffer amendment request and accompanying
plan.
ZMA 2011 -00001
PC Nov, 8, 2011
Page 5
For denial.
Motion to recommend denial of the rezoning for the following reasons (please state the
reasons).
ATTACHMENTS
ATTACHMENT A:
ATTACHMENT B:
Proposed Proffer Change - Fontana Phase 4C dated 10 -19 -11
Existing Proffers for Fontana 4C — Approved March 19, 2008
ZMA 2011 -00001
PC Nov, 8, 2011
Page 6
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 2011 -00001
Staff: Elaine K. Echols, AICP
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
April 19, 2011
TBD
Owners: Fontana Land Trust, Fontana
Applicant: A.M. Nichols and Stan Rose with
Owners Association
Terra Engineering and Land Solutions as
consulting engineer
Acreage: 6.09 Acres
Rezoning Request: Amend proffers associated
with ZMA 2004 -14 Fontana Phase 4C to
eliminate obligation to build 3 sections of trail
TMP:
Location:— In open space behind Olympia Drive
78E000OOOOOOE,078EOOOOOOOOOD,
and Appian Way and also at the rear of lots on
078E0000012800, 078E0000012700,
the north side of Fontana Court in the Fontana
078E0000012600, 078E0000012500,
Subdivision
078E0000012400,078E0000012300,
078E0000012200,078E0000012100,
078E0000012000
Magisterial District: Rivanna
Proffers: Yes
DA (Development Area): Neighborhood
Comp. Plan Designation: Neighborhood
Three - Pantops
Density Residential
Character of Property: Cleared and
Use of Surrounding Properties: Residential
wooded areas, some steep terrain
(Fontana Subdivision)
Factors Favorable:
Factors Unfavorable:
1. To date, property owners on the north
1. Elimination of paths as interconnections is
side of Fontana Court have been
contrary to the recommendations of the
unwilling to provide easements to
Comprehensive Plan, in particular the
construct a path.
Neighborhood Model and the Pantops Master
Plan.
2. Paths throughout neighborhoods enable
pedestrians to move safely and conveniently
through a neighborhood without having to
walk in the street.
3.
RECOMMENDATION: Staff recommends approval of the proffer amendment to delete the
path behind houses on Fontana Court only. Staff does not recommend approval of deleting
the other two paths.
ZMA 2011 -00001
PC April 19, 2011
Page 1
STAFF PERSON:
PLANNING COMMISSION:
ELAINE K. ECHOLS, AICP
APRIL 19, 2011
ZMA 2011 -00001 FONTANA TRAIL PROFFER AMENDMENT
Applicant's Proposal: The Fontana Owner's Association and the developer of the
Fontana Subdivision are asking to remove an obligation for the developer to build a portion
of trails in the Fontana development. The proffer change is provided as Attachment A.
Petition:
PROJECT: ZMA 2011 -00001 Fontana Trail Proffer Amendment
PROPOSAL: Amend proffers to remove obligation to build trail on 6.09 acres zoned R -4
Residential which allows 4 units per acre. No proposed change in density.
PROFFERS: Yes
EXISTING COMPREHENSIVE PLAN LAND USE /DENSITY: Neighborhood Density
Residential which allows residential (3 -6 units /acre) and supporting uses such as religious
institutions and schools and other small -scale non - residential uses in the Pantops
Neighborhood.
ENTRANCE CORRIDOR: No
LOCATION: In open space behind Olympia Drive and Appian Way and also at the rear of
lots on the north side of Fontana Court in the Fontana Subdivision
TAX MAP /PARCEL[S]: 78E000OOOOOOE, 078E000OOOOOOD, 078E00000128,
078E00000127, 78E0000012600, 078E0000012500 ,078E0000012400,78E0000012300,
078E0000012200 ,078E0000012100,078EO000012000
MAGISTERIAL DISTRICT: Rivanna
Character of the Area: The neighborhood is entirely made up of single - family homes.
North of the existing development, construction is taking place for the Hyland Ridge
development. Multi- family units have been constructed south of the development. Open
space within the development is hilly and flat, cleared and wooded, depending on the
location. The area is hilly and wooded behind the houses which front on Fontana Court.
Specifics of the Proposal: Issues relating to the path system go back to early 1997. When
the developer submitted the first subdivision plat for Fontana, he asked to use a path
system in open space at the backs of the lots instead of providing sidewalks. Ultimately,
the substitution of paths for sidewalks was approved for the development in late 1997.
From 1997 to 2007, only a few of the paths were actually installed. Paths that were
installed were viewed by a number of the residents as unsafe, unusable, or difficult to
maintain.
In 2007 and 2008, when the developer asked to upzone the remaining land in the Fontana
development, a number of homeowners petitioned the Board of Supervisors to compel the
developer to complete the path system. As a result, the developer proffered to complete
the path system in accordance with the plan shown on the following page.
ZMA 2011 -00001
PC April 19, 2011
Page 2
This plan generally was developed by the County Engineer because the developer declined
to create an updated plan. The proffers and plan with ZMA 2004 -00018 set the
construction standards
needed for the remaining
parts of the trail system.
Minor changes in the field ` rpmrr =h. W.-W.
were expected. f..
Construction bonds could
not be released until the
trail system was +.r # # '
completed. r # * .' WEIR
Since approval of the
rezoning in 2008, the
developer has installed �.��
f 1d
many of the paths shown
on the plan to the right. �, _
Some field changes have f
occurred that seem to
complete all of the systems, except for the three segments under review for deletion
(shown above in purple) and the trail in Fontana Phase 4C (shown above in light blue).
Fontana Phase 4C has not been built yet but, the trail on the plan is expected to be
constructed with that section of Fontana. To date, the applicant has not provided a plan
showing where field changes have occurred although staff has a general idea of where the
system exists. County resources have prevented staff from providing an up -to -date plan.
Staff believes the applicant should provide a plan showing constructed paths and plans to
be provided before this project goes to the Board of Supervisors.
As the developer has worked to complete the system, he has encountered resistance from
the Owners Association for a path through property owned by the Owners Association. He
has also been unable to gain permission to put the path in a sewer easement owned by the
homeowners whose houses face Fontana Court. For these reasons, he has requested the
ability to be relieved of the obligation to provide these paths. The paths the developer
would like to eliminate are indicated with this pattern:
ZMA 2011 -00001
PC April 19, 2011
Page 3
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ZMA 2011 -00001
PC April 19, 2011
Page 3
Applicant's Justification for the Request: The applicant has indicated that the
amendment, if approved, will eliminate unwanted paths. He has said that trees will be
preserved, mostly behind Fontana Court.
Planning and Zoning History:
ZMA 94 -06 Upper Pantops Land Trust - rezoned 108.2 from R1 and R15 to R6; 62 acres
were rezoned from RA to R4, and 154 acres were rezoned from RA to R1.
SUB 97 -036 was the Fontana preliminary subdivision plat which was approved in 1997.
The preliminary plat expired in 2003 and individual sections of Fontana came in as
separate preliminary and final plats.
ZMA 2004 -18 was submitted in 2004 and approved in March 2008 for R -4 across the
entirety of the Fontana development. The rezoning was approved for 34 single - family
units. Included with the rezoning was the proffer to construct the pedestrian paths in the
earlier sections of Fontana. (See Attachment B for existing proffers for ZMA 2004 -018.)
Conformity with the Comprehensive Plan
The residential use conforms to Pantops Master Plan. Recommendations for pedestrian
paths are:
Interconnect greenspace, where trails lead to parks, neighborhood centers, or the
Rivanna River providing pedestrian and bike facilities.
• An improved trail system (See Parks and Green Systems Map) within Pantops will
provide pedestrian and bicycle connections and an alternative to automobiles.
The proffered trails in Fontana are not shown on the County's Parks and Green Systems
Map because they are neighborhood trails. When built, though, the system of trails would
allow for access to public sidewalks that lead to public trails.
The three Neighborhood Model principles which apply to this request are: Pedestrian
Orientation, Interconnected Streets and Transportation Networks, and Parks and Open
Space. Provision of the paths would allow for better pedestrian access within the
development which would facilitate interconnections. In addition, better use of common
open areas could be made.
Staff Comment
Relationship between the application and the purpose and intent of the requested
zoning district: No change in zoning district is requested.
Public need and justification for the change: Staff finds no public benefit by elimination
of the paths; however, staff acknowledges that there is little, if any ability to obtain
easements from the owners of the lots which face Fontana Court.
Impact on Environmental, Cultural, and Historic Resources — No environmental,
cultural, or historic resources identified in the Master Plan will be affected by the provision
or deletion paths.
ZMA 2011 -00001
PC April 19, 2011
Page 4
Anticipated impact on public facilities and services — No impact is expected.
Anticipated impact on nearby and surrounding properties — A number of homeowners
have contacted the County over the last ten years concerning the provision or lack of paths.
Some of the homeowners have asked that all paths be eliminated because they believe the
paths are intrusive to their back and side yards. Some of the homeowners, particularly the
ones who came and spoke to the Board of Supervisors on August 8, 2007, were adamant
that the paths be provided. These owners view the paths as an amenity and part of their
expectation for the development when purchasing their homes.
Staff believes that the provision of a path in
the open space shown to the left, which is
identified as "A" on the map on the previous
page would not be detrimental to the
development and would enhance
walkability within Fontana. Provision of a
path in area "B" would be more difficult
because area "B" is hilly and wooded. As
has occurred in other parts of the
development, solutions such as stairs and
switchbacks could be used to build the path
in area "B ". Both areas A & B are owned
by the Owners Association.
Staff believes that a path in area "C ", shown on the map on the previous page, would be
advantageous to complete the network. However, staff understands that obtaining the
necessary easements will likely preclude this option.
Proffers
Only one proffer change is proposed for ZMA 2004 - 00018. This proffer is provided as
Attachment A. The proffer references a revised /updated map that does not show the paths
in areas A, B, and C. Staff believes the map should be changed to eliminate only the path
in area C shown on page 2 of this report.
If the Planning Commission disagrees, however, staff believes that, at a minimum, the path
plan should be revised to reflect where paths have actually been built and where remaining
paths are needed. The plan previously prepared by the County Engineer should be
updated by the applicant.
SUMMARY
Staff has identified the following factors, which are favorable to this rezoning request:
1. Some residents of the neighborhood and the Owners Association desire elimination of
the paths and believe that elimination of the paths will have a positive impact on the
neighborhood.
2. To date, property owners on the north side of Fontana Court have been unwilling to
provide easements to construct a path.
ZMA 2011 -00001
PC April 19, 2011
Page 5
Staff has found the following factors unfavorable to this rezoning:
1. Elimination of paths as interconnections is contrary to the recommendations of the
Comprehensive Plan, in particular the Neighborhood Model and the Pantops Master
Plan.
2. Paths throughout neighborhoods enable pedestrians to move safely and conveniently
through a neighborhood without having to walk in the street.
3. To date, there does not appear to be unanimity in the neighborhood that the paths
should be eliminated.
RECOMMENDATION
Staff can support the request to eliminate the path behind houses on the north side of
Fontana Court but cannot support elimination of the other two paths.
Planning Commission Motion:
Should a Planning Commissioner move to recommend approval of the rezoning to
reflect removal of the path behind the houses north of Fontana Court only, staff
recommends that the applicant revise the map to accompany the proffer change to reflect
removal of the path in area C and update the map to show actual paths built and current
proposed paths..
Should a Planning Commissioner move to recommend approval of the rezoning in its
entirety, staff recommends that the applicant revise the map to accompany the proffer
change and update it to show actual paths built and current proposed paths.
Should a Planning Commissioner move to recommend denial of the rezoning, he or she
should state the reason(s) for recommending denial.
ATTACHMENTS
ATTACHMENT A: Proposed Proffer Change -Fontana Phase 4C dated 2 -22 -11
ATTACHMENT B: Existina Proffers for Fontana 4C — ADDroved March 19. 2008
ZMA 2011 -00001
PC April 19, 2011
Page 6