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HomeMy WebLinkAboutZMA200700011 Action Letter- pF .a R � en ,. rIRCLNI�'.� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 April 2, 2008 Clifford H. Fox 4543 Garth Road Charlottesville, Va 22901 RE: ZMA2007-00011 Patterson Subdivision (Sign # 43 & 61) Tax Map 55, Parcel 63 Dear Mr. Fox: The Board of Supervisors approved your rezoning application on March 19, 2008. This rezoning from R1 - Residential to R6 - Residential was approved in accordance with the attached proffers dated February 19, 2008 and signed March 18, 2008 which included the proffered concept plan (also attached). Please refer to these documents for any future applications and requests on this property. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with applicable PROFFERS; • approval of and compliance with a SITE PLAN and/or SUBDIVISION PLAT; and • approval of a ZONING COMPLIANCE CLEARANCE. If you have questions or comments regarding the above -noted action, please do not hesitate to contact Sherri Proctor at 296-5832. Sincerely, V. Wayno'Cilimberg Director of Planning Cc: Emile Bethanne Patterson P O Box 865 Crozet Va 22932 Email Copy: Tex Weaver; Steve Allshouse; Sherri Proctor; Sarah Baldwin; Bruce Woodzell (Real Estate) Original Proffer X PROFFER FORM Date of Proffer Signature: February 19. 2008 ZMA # 2007-00011 Tax Map 55 Parcel Number 63 3.521 Acres to be rezoned from R-1 to R-6 Patterson Subdivision Emile Bethanne Patterson is the owner (the "Owner") of Tax Map 55, Parcel 63 (the "Property") which is the subject ofrezoning application ZMA 2007-00011 known w "Patterson Subdivision" (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 rezoned with the offered plans approved for development. These conditions are proffered as a part of the requested rezoning and it is acknowledged that the conditions are reasonable. 1. AFFORDABLE HOUSING The Owner shall provide affordable housing equal to fifteen percent (15%) of the total residential dwelling units within the Project in the form of for lease or for sale affordable dwelling units (the "Affordable Dwelling Units" or "Affordable Units"). Each subdivision plat and site plan for land within the Property shall designate the lots or units, as applicable, that will, subject to the terms and conditions of this proffer, incorporate Affordable Units as described herein, and the aggregate number of such lots or units designated for Affordable Units within each subdivision plat and site plan shall constitute a minimum of fifteen percent (15%) of the lots in such subdivision plat or site plan. In the event that the number of Affordable Dwelling Units to achieve 15% results in a fractional unit, the Owner shall contribute cash to the County in a proportionate amount based on the amount of $19,100. For example, if 15% equates to 1.8 Affordable Units, the Owner would provide 1 Affordable Unit pursuant to the terms described herein, and would contribute cash to the County in the amount of $15, 280 be paid prior to issuance of a building permit for the first Affordable Dwelling Unit, The Owner reserves the right, however, to provide two (2) Affordable Units and concede, or gift, the fractional monetary interest, (2 Affordable Units minus 1.8 Affordable Units required equaling a 0.2 affordable overage) to Albemarle County, to meet the County's Affordable Housing Policy. A. The Affordable Dwelling Units shall be comprised of single-famiIN attached housing (townhouses) or single family detached houses at the Owner's option. The Owner or his successor in interest reserves the right to achieve the 15% Affordable Dwelling Units in a variety of ways, utilizing the above mentioned unit types alone or in combination as outlined below. The Owner shall convey the responsibility of constructing the affordable units to any subsequent purchaser of the Property. The current Owner or subsequent Owner shall create units affordable to households with incomes less than 80% ofthe area median family income (the "Affordable Unit Qualifying Income"), such that housing costs consisting ofprincipal, interest, real estate taxes and homeowner's insurance (PITI) do not exceed 30% of the Affordable Unit Qualifying Income; provided, however, that in no event shall the selling price of such Affordable Units be required to be less than the greater of One Hundred Ninety Thousand Four Hundred Dollars ($190,400.00) or sixty-five percent (65%) of the applicable Virginia Housing Development Authority (VHDA) maximum mortgage for first- time home buyers at the beginning of the 90 -day identification and qualification period referenced below. The Owner or his successor in interest may at its option facilitate the provision of down payment assistance loans to reduce the out-of- pocket cash requirement costs to the homebuyer, such as, but not limited to a second lien Deed of Trust, so that the resultant first mortgage and housing costs remain at or below the parameters described herein. All financial programs or instruments described herein must be acceptable to the primary mortgage lender. Any second lien Deed of Trust executed as part of this paragraph for the 15% required affordable housing shall be donated to the County of Albemarle or its designee to be used to address affordable housing. For purposes of calculating the price of the Affordable Dwelling Units, the value of Seller -paid closing costs shall be excluded from the selling price of such Affordable Dwelling Units, L For -Sale Affordable Units - All purchasers of for -sale Affordable Units shall be approved by the Albemarle County Office of Housing or its designee. The Owner shall provide the County or its designee a period of ninety (90) days to identify and pre -qualify an eligible purchaser for the Affordable Units. The 90 -day period shall commence upon written notice from the Owner that the units will be available for sale. This notice shall not be given more than 120 days prior to the anticipated receipt of the certificate of occupancy. If the County or its designee does not provide a qualified purchaser during this ninety (90) day period, the Owner shall have the right to sell the Units) without any restriction on sales price or income of purchaser(s); provided, however, that any Units(s) sold or leased without such restriction shall nevertheless be counted toward the number of Affordable Units required to be provided pursuant to the terms of this proffer. If these Units are sold, this proffer shall apply only to the first sale of each unit. Nothing herein shall preclude the then -current Owner/builder from working with the County Housing Department prior to the start of the notification periods described herein in an effort to identify qualifying purchasers for Affordable Units. For -Rent Affordable Units . Rental Rates For -Lease Affordable Units The initial net rent for each for -rent Affordable Unit when the Unit(s) is available for occupancy shall not exceed the then -current and applicable maximum net rent as published by the County Housing Office. In each subsequent calendar year, the monthly net rent for each for -rent affordable unit may be increased up to three percent (3%). For purposes of this proffer statement, the term '.net rent" means that the rent does not include tenant -paid utilities. The requirement that the rents for such for -rent Affordable Units may not exceed the maximum rents established in this paragraph I A(ii)(1) shall apply for a period often (10) years following the date the certificate of occupancy is issued by the County for each for -rent Affordable Unit, or until the units are sold as affordable units as defined by the County's Affordable Housing Policy, whichever comes first (the "Affordable Term"). 2. Convevance of Interest — All instruments conveying any interest in the for -rent affordable units during the Affordable Term shall contain language reciting that such unit is subject to the terms of this paragraph IA. In addition, all contracts pertaining to a conveyance of any for -rent affordable unit, or any part thereof, during the Affordable Term shall contain a complete and full disclosure of the restrictions and controls established by this paragraph IA(ii). At least thirty (3 0) days prior to the conveyance of any interest in any for -rent affordable unit during the Affordable Term, the then -current owner shall notify the County in writing of the conveyance and provide the name, address and telephone number of the potential grantee, and state that the requirements of this paragraph IA(ii) have been satisfied. 3. Reporting of Rental Rates — During the Affordable Term, within thirty (30) days of each rental or lease term for each for -rent affordable unit, the then -current owner shall provide to the Albemarle County Housing Office a copy of the rental or lease agreement for each such unit rented that shows the rental rate for such unit and the term of the rental or lease agreement. In addition, during the Affordable Term, the then -current owner shall provide to the County, if requested, any reports, copies of rental or lease agreements, or other data pertaining to rental rates as the County may reasonably require. B. County Option for Cash In Lieu of Affordable Units. If at any time prior to the County's approval of any preliminary site plan or subdivision plat for the subject property which includes one or more for -sale Affordable Dwelling Units, the Housing Office informs the then -current owner/builder in writing that it may not have a qualified purchaser for one or more of the for -sale Affordable Dwelling Units at the time that the then -current owner/builder expects the units to be completed, and that the Housing Office will instead accept a cash contribution to the Housing Office to support affordable housing programs in the amount of Nineteen Thousand One Hundred Dollars ($19,100) in lieu of each Affordable Unit(s), then the then -current owner/builder shall pay such cash contribution to the County prior to obtaining a certificate of occupancy for the Unit's) that were originally planned to be Affordable Dwelling Units, and the then -current owner./builder shall have the right to sell the Unit(s) without any restriction on sales price or income of the purchaser(s). For the purposes of this proffer, such Affordable Dwelling Units shall be deemed to have been provided when the subsequent owner.'builder provides written notice to the Albemarle County Office of Housing or its designee that the Affordable Units(s) will be available for sale. 2. CASH PROFFER A. The Owner shall contribute cash to the County in the following amounts for each dwelling unit constructed within the Property that is not an Affordable Dwelling Unit. The cash contribution shall be used to address the fiscal impacts of development on the County's public facilities and infrastructure (i.e., schools, public safety, libraries, parks and transportation) identified in the County's Capital Improvements Program. The cash contributions shall be paid prior to issuance of a building permit for the category of units described in this paragraph 2 in the following amounts: i. Eleven Thousand Nine Hundred Dollars ($11,900) for each attached town homeieondominium unit that is not an Affordable Dwelling Unit Seventeen Thousand Five Hundred Dollars ($17,500) for each single family detached dwelling unit that is not an Affordable Dwelling Unit. iii. Zero Dollars ($0.00) for each Affordable Dwelling Unit B. Beginning January I, 2008, the amount of cash contribution required by Proffer Number 2 shall be adjusted annually until paid, to reflect increase or decrease for the preceding calendar year in the Comparative Cost Multiplier, Regional City Average, Southeast Average, Category C: Masonry Bearing Walls issued by Marshall Valuation Service (a/k/a Marshall & Swift) (the "Index") or the most applicable Marshall & Swift index determined by the County if Marshall & Swift ceases publication of the Index identified herein. In no event shall any cash contribution amount be adjusted to a sum less than the amount initially established by these proffers. The annual adjustment shall be made by multiplying the proffered cash contribution amount for the preceding year by a fraction, the numerator of which shall be the Index as of December I in t[r- preceding ca,le -,dar year, and the denominator of which shall be the Index as of December 1 in t c l=e_rr pr ceding IhC Calendar rear niost , c :.:nth ended. For each cash contribution that is being paid in increments, the unpaid incremental payments shall be correspondingly adjusted each year. Total Number of Dwelling Units and Unit Types. There shall be no more than I dwelling ing units within the development. Of the 10 dwellin,,, units permitted there shall be no more than two single-family attached units. The property shall be developed in general accord with the "Concept Plan" dated February 19, 2008 attached hereto. Bv:All"7,/-I�,"k , -/ Emile Bethapne Patterson (Owner) Date: Community Developrinena He# ZAAA 'Cal- LIL Af,proved bv the Suard of Supervisors D Ae a Sigrio,f"IJ e - COUNTY OFALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: STAFF: ZMA 2007-11 Patterson Subdivision REBECCA RAGSDALE SUBJECT/PROPOSAL/REQUEST: j AGENDA DATE: Rezone 3.521 acres from R1 Residential to R6 March 19, 2008 Residential for 10 residential units ACTION: X INFORMATION: STAFF CONTACT(S): CONSENT AGENDA: Cilimberg, Ragsdale P ACTION: INFORMATION: LEGAL REVIEW: YES (proffers) ATTACHMENTS: YES OWNER/APPICANT: Emile Bethanne Patterson & J. Daniel Patterson, owners: represented by Clifford H. Fox BACKGROUND: A public hearing was held on this rezoning at the Planning Commission on October 16, 2007 and the Commission supported staff's recommendation to deny the rezoning. This item was scheduled for a Board public hearing on December 12, 2007, but was referred back to the Planning Commission at the request of the applicant. A second Planning Commission public hearing was held January 22, 2008. Staff recommended approval at that time, since it appeared the applicant had addressed outstanding concerns of the Commission in its October 16 recommendation for denial. However, the Commission recommended denial based on the following outstanding issues: O Density -The proposed density was not appropriate, based on the Crozet Master Plan's recommendations for the edge areas of the Crozet Development Area. • Traffic Impacts -Concern about adding additional traffic to Lanetown Road and Lanetown Way. • Other Commission comments -Some Commissioners believed the applicant should have had the opportunity to defer Commission action to address the items of concern to the Commission. In discussion, some agreed that the proposal should meet the 10,000 square foot average lot size recommendation of the Crozet Master Plan CT3 Hamlet land use designation, thereby reducing the overall density of the project, that the biofiltertgreenspace area adjacent to Lanetown Way should be increased, and that new streets to serve the proposed development should include sidewalks. DISCUSSION: The applicant submitted a revised concept plan and signed proffers, including reduced residential density and increasing the average size of residential lots, on February 19, 2008. Minor technical changes had been requested by staff and were made to the proffers so they are legally acceptable. (See Attachment I -Proffers and Attachment II -Proffered Concept Plan) The following addresses substantive issues discussed at the Planning Commission's last public hearing. Density and Concept Plan The applicant's property is designated on the Crozet Master Plan (CMP) Place -Type & Built Infrastructure map as CT3 within a Nam/et. The CMP recommends a maximum net density of up to 4.5 units per acre in Hamlets and does not recommend the provision of up to 6.5 units per acre if accessory apartments added for 50°t of the residential stock. ZMA 2,07-01 1 Ga" ers�n BOS Desmbe 12 2007 The property is located on the edge of the Crozet Development Area, but the property is designated CT 3 (yellow) with the exception of a very small green Road. (See inset to the right) The GMP also recommends a 10,000 square foot average lot size for Hamlets. The CMP, on page 32, under Fringe Areas, indicates that most of the periphery of the Development Area is recommended for the lowest density of development, consistent with the Rural Area designation in the Comprehensive Plan. This text is referring to the CT 1 and CT 2 designations (green and gray land uses colors) and the Patterson property is predominantly CT3. strip of u I 1 designated along Lanewwn Staffs analysis has determined that the project's currently proposed density falls within the guidelines of the Crozet Master Plan for the CT3 Edge designation within the Hamlet Place Type: Crozet Master Patterson Patterson Subdivision Plan Subdivision Net Crozet Transect Density Acres Acres I Min Max Units Net Density CT 3 Min 3.5,.M 4.5 3.521 2.82 10 13 10 3.55 Notes: Net acreage is 80% project area. Minimum, Mid, and Maximum Crozet Master Plan Suggested Units are determined by multiplying the CT 3 suggested densities for each CT type. For example, CT 3 Max is equal to 2.82 x 4.5, which equals 13 units. CT 1 and CT 2 areas, show no density. Crozet Master Plan anticipates very low density at 1 unit per 20 acres. The applicant's revised proposal limits the number of residential units to 10, with up to two being single family attached and the balance single family detached. The proffered concept plan now provided has been revised from the plan reviewed by the Commission to reduce the number of lots from 12 to 10. (See Attachment II) The applicant's proposal now specifies that 8 lots shall be a minimum of 10,000 square feet in size and that two lots will be no less than 9,000 square feet. This results in an average lot size of 10,000 square feet for the total area in lots. The Grayrock Homeowners Association continues to express concerns and their comments are provided as Attachment Ill. All other features of the concept plan have remained unchanged. The Subdivision Ordinance requires that the applicant provide curb, gutter, a planting strip, and sidewalks for all new streets. The applicant is not seeking an alternative design at this time, and any request for variation from these requirements would be subject to Commission approval at the time of subdivision. ZME.2007-011 Patterson Subdivision BOS December 12, 2007 RECOMMENDATIONS: Staff had recommended approval of the rezoning since it appeared outstanding concerns of the Commission had been addressed. However, the Planning Commission has recommended denial of this rezoning as noted in the Background section of this Executive Summary. The applicant has addressed outstanding issues cited by Commission in its recommendation for denial. However, the proposal has not been modified to the extent that it provides an edge area density for the entire property as cited by the Commissioners who voted to recommend denial of this rezoning. Should the Board find that this rezoning is approvable as currently proposed, staff recommends approval be inclusive of the proffers dated February 19, 2008 and signed March 7, 2008, which include the proffered concept plan. (Attachment I -Proffers and Attachment II -Proffered Concept Plan) ATTACHMENTS: I. Proffer Statement, dated February 19, 2008, signed, March 7, 2008 II. Proffered Concept Plan, labeled by staff as Patterson Subdivision, dated and received February, 19, 2008 III. Grayrock Homeowners Association letter dated March 11, 2008 ZMA 2007-C.'''11 k 3Rer5Gr, Sli MNVIS'Or RCVS 62Cember 12.. 2r,S7 01Y AL LIRG113t4+ COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 February 5, 2008 Clifford H. Fox 4543 Garth Road Charlottesville, Va 22901 RE: ZMA2007-00011 Patterson Subdivision (Sign # 43 & 61) Tax Map 55, Parcel 63 Dear Mr. Fox: On January 22, 2008, the Albemarle County Planning Commission approved a motion to recommend denial of the above -noted petition to the Board of Supervisors, by a vote of 4:2. This recommendation of denial was based on the following staff recommendations: o The proposed density was not appropriate, based on the Crozet Master Plan's recommendations for the edge areas of the Crozet Development Area. o Concern about adding additional traffic to Lanetown Road and Lanetown Way. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on March 19, 2008. It is the Board of Supervisor's preference that a public hearing not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. Therefore any new or additional information regarding your application, including final proffers if applicable, must be submitted to our office at least twenty-three (23) days prior to your scheduled hearing date, which is February 25, 2008. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincerely, Rebecca Ragsdale Planner Planning Division RR/SM cc: Emile Bethanne Patterson P O Box 865 Crozet Va 22932 Ella Carey File 01Y AL LIRG113t4+ COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 October 29, 2007 Clifford H. Fox 4543 Garth Road Charlottesville, Va 22901 RE: ZMA2007-00011 Patterson Subdivision (Sign # 43 & 61) Tax Map 55, Parcel 63 Dear Mr. Fox: On October 16, 2007, the Albemarle County Planning Commission by a vote of 6:0 approved a motion to recommend denial of the above -noted petition to the Board of Supervisors. This recommendation of denial was based on the following staff recommendations: Action on ZMA2007-00011: Reasons indicated by staff in report: 1. Cash proffers do not meet Board expectations. 2. The applicant has not made proffer commitments to features of the concept plan that has been provided. However, the maximum number of residential units and provision of open space is proffered. 3. Affordable housing proffers must be clear on the number of affordable units proffered and use standard language. The proffer to provide accessory apartments is unclear, does not define the type of units to be provided, and does not specify mechanisms for the provision of the proposed units. Why proffers are considered inadequate, as presented by Staff at meeting: o Affordable Housing Proffer- Unclear whether the applicant intends to proffer 3 or 4 units. The affordable units are proposed as single family attached. 15% of the total number of units proposed is 2.10. o Affordable Accessory Units- Proffer unclear, accessory units proffered with half of the SFD units, a total of 5. o Open Space Dedication to the County- The applicant is proposing to proffer approximately 0.80 acres of open space, adjacent to Lanetown Road, to the County for parks and recreation purposes. This dedication is not desired by Parks & Recreation at this time. o Cash Proffers -$3,000 per market rate unit. There are 10 market rate units proposed and the Board's expectation for single family detached is $17,500 per unit to mitigate impacts of the development. The Commissioners also stated other reasons for not supporting the project in discussion, as follows: o The proposed conceptual layout was not sympathetic to the adjoining neighborhood. o This proposal was not right for this area and there were concerns about the density of this project at this location in Crozet. o The applicant did not provide acceptable submittal materials. o There were infrastructure concerns, including sufficient water capacity. School capacity issues are also a concern, with students recently moved from Crozet to Brownsville Elementary School. Storm water and erosion is a problem in Gray Rock and this project did not include workable stormwater concepts. Action on Waivers: The waivers were not recommended for approval because staff did not find justification in granting variations from the subdivision ordinance required street sections for curb, gutter, sidewalks and planting strips. The applicant also did not provide enough detail to approve any modifications to standards. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on December 12, 2007. It is the Board of Supervisor's preference that a public hearing not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. Therefore any new or additional information regarding your application, including final proffers if applicable, must be submitted to our office at least twenty-one (2 1) days prior to your scheduled hearing date, which is November 21, 2007. Please review the attached proffer policy established by the Board of Supervisors on December 7, 2005. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincerely, Rebecca Ragsdale Senior Planner Planning Division RAR/SM cc: Emile Bethanne Patterson P O BOX 865 Crozet Va 22932 File POLICY SUBMISSION OF MATERIALS FOR ZONING APPLICATIONS It is the Board's preference that a public hearing should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staff will advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy. Final signed proffers shall be submitted to the County no later than nine days prior to the date of the advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing resulting from comments received from the public or from Board members at the public hearing. This Zoning Policy will be included in the Board's Rules of Procedure for adoption each year, so that the policy can be re-examined annually. (Adopted 12/07/2005)