HomeMy WebLinkAboutZMA201600015 Presentation Zoning Map Amendment 2016-06-30 Oakleigh Project Narrative
June 30, 2016
PROJECT PROPOSAL
The Owner of the Oakleigh property proposes to amend the previously approved rezoning of the
Oakleigh property, which was rezoned in 2008 from R-6 Residential to Neighborhood Model
Development. The property is located within the County's designated development area,
specifically the Places29 area. The primary purpose of the proposed amendment is to modify the
Application Plan to permit a portion of the property to be developed for an Assisted Living
Facility. There is a significant public need for additional Assisted Living Facilities in
Charlottesville, and the need will continue to increase as our population continues to age, and our
community continues to be an attractive destination for retirees. Thus, this proposed amendment
will significantly address this public need.
The Owner is also proposing other modifications to the Application Plan and Code of
Development to provide for more flexibility for the property to develop for a variety of uses, and
to simplify the Code of Development to bring it in line with current standards for such Codes.
The Project will continue to be a mixed use community with a mixture of residential and non-
residential uses. The front portion of the property is essentially unchanged, and still proposes
two buildings along Rio Road West with two floors of retail or office, and then residential units
above. The Application Plan previously showed only residential uses in the back portion of the
property, but is now proposed to be amended to permit that area to be used for an Assisted
Living Facility, or otherwise to still be residential uses. The Code of Development revisions
would not permit more dwelling units within the Project than were permitted by ZMA 2007-
00004. And if the Assisted Living Facility is developed, the number of residential units will be
significantly reduced over what was permitted by ZMA 2007-00004.
The Owner is also proposing to amend the approved proffers to bring the cash proffer amounts
into compliance with state law, and to clarify that the cash proffers and affordable housing
requirements will apply when the number of dwelling units within the project exceeds the
number that could have been built under the prior R-6 Residential zoning that was in effect prior
to 2008.
The proposed amendment satisfies the purposes and intent of the Neighborhood Model District
in that the property is currently zoned NMD, and that designation is not proposed to be changed.
The proposal will continue to be consistent with all applicable principles of the Neighborhood
Model (see more detail below), and continues to provide for a compact, mixed-use development
with an urban scale, massing, density, and infrastructure configuration that integrates diversified
uses within close proximity to each other within the development area identified in the
comprehensive plan. In addition,the proposed uses in the Code, as well as the character, form
and density of the proposed development are derived from the comprehensive plan.
Finally, the NMD regulations state that the "regulations are intended to provide an applicant with
maximum flexibility in creating and implementing the [Application Plan] and the code of
development." This proposed amendment attempts to provide that level of maximum flexibility
in the Application Plan and Code.
CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed rezoning is consistent with the property's designation on the Land Use Plan of the
County's Comprehensive Plan for urban density residential,which envisions densities between
6.01-34 dwelling units per acre. Assisted Living Facilities are considered an institutional use in
the Places29 Master Plan and are recommended as a secondary use under the Urban Density
Residential designation. The maximum number of residential units that would be located within
the property will be less than 34 DUA.
Although Table LU2 of the Places 29 Master Plan suggests that single buildings should be
limited to 20,000 square feet, this limitation does not reflect the realities of the economics of
operating Assisted Living Facilities under current federal regulations. Such a limit would require
the building to have a smaller footprint and more stories than is optimal. With federal
requirements to have nurses and aids stationed on each floor of a facility, a building with a small
footprint becomes difficult (if not impossible)to staff efficiently. This situation is a current
challenge at the Mountainside Senior Living facility in Crozet, where the repurposed building is
less efficient for the delivery of health care and Assisted living than is optimal, given the
relatively small number of beds per floor, and thus creates significant financial challenges for the
facility. If the proposed Assisted Living Facility at Oakleigh(or other places in Albemarle
County) were similarly so limited, it would be nearly impossible to provide service efficiently,
new facilities would not be built, and the significant public need for such facilities would not be
met.
CONSISTENCY WITH THE NEIGHBORHOOD MODEL
1. Pedestrian Orientation. Sidewalks are provided along Rio Road and Berkmar Drive,
which will provide convenient access from the Oakleigh development to other nearby
commercial uses, and public transportation. Within the Oakleigh development sidewalks
and pathways are shown throughout the development making this a pedestrian friendly
development.
2. Neighborhood Friendly Streets and Paths. The streets in Oakleigh are primarily designed
as travelways. Slow traffic speeds, low traffic volumes, and landscaped roadways with
sidewalks will help to make the streets and paths neighborhood friendly.
3. Interconnected Streets and Transportation Networks. Interconnection is shown on the
plan into the Berkmar Crossing development. This interconnection will help facilitate the
transportation network related to Oakleigh because there is a traffic signal at one of the
Berkmar Crossing accesses and Rio Road. The access from Rio Road to the Oakleigh
development is not proposed to be signalized.
4. Parks and Open Space. There will be a pocket park located in the development. This will
serve as a memorial garden and buffer between the front and rear uses. In addition,
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several large mature trees will be preserved. Benches, paths and landscaping will help
facilitate this space into a park like environment. A tot lot is not envisioned at this time to
be incorporated into the park given the small number of residential units proposed.
5. Neighborhood Centers. The commercial space within the Oakleigh development may
serve as a center to area residents and the surrounding area.
6. Buildings and Spaces of Human Scale. Limitations are placed on building sizes, heights
and setbacks in Block I.
7. Relegated Parking. In Block I, parking is shown in front of Building B. Working with
the ARB, parking spaces were removed and now satisfies their request. Additional
parking has been relegated behind and off to the side of the two commercial buildings
along West Rio Road. The remaining parking within Oakleigh has been minimized and
buffered throughout the site using garages, topography and introducing landscaping to
help minimize any parking impacts from the Entrance Corridor.
8. Mixture of Uses and Types. This development proposes commercial uses in the two
buildings located in Blocks I, II and III. Residential uses are located above and behind
this commercial space in Block IV. In Block V, assisted living is proposed.
9. Mixture of Housing Types and Affordability. The applicant proposes to provide
townhouses, assisted living, and either a type of apartment or condominiums/lofts above
the commercial buildings in Block I. In addition a cash proffer is also provided to the
County in the amount based on the County' s affordable housing policy.
10. Redevelopment. Oakleigh is an example of an infill development.
11. Site Planning that Respects Terrain. The applicant is making a large effort to preserve as
many of the existing mature trees on the site and do as little grading as possible within
their vicinity.
12. Clear Boundaries with the Rural Areas. This development is located in the development
area. This principle is not applicable.
IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE
The proposed amendment to the Oakleigh property creates a considerable public benefit by
providing the opportunity for an Assisted Living Facility to be developed at the property. A
company with several existing facilities is very interested in locating its facility at Oakleigh, but
the current Code of Development and Application Plan will not permit such a use.
If the property is developed with such a use, the impact on public infrastructure and public
facilities would be smaller than it would under the current Application Plan and Code, which
contemplates more residential uses. With fewer residential units, the impact on schools, roads,
parks and libraries will significantly decrease. Residents of Assisted Living Facilities rarely
have cars, and staffing levels are fairly modest and thus generate relatively few employee trips.
Visitors do come to Assisted Living facilities, but rarely during peak hours.
IMPACTS ON ENVIRONMENTAL FEATURES
The proposed amendment to the Oakleigh Application Plan and Code of Development works to
preserve as many of the existing trees as possible while also providing the opportunity to locate
an Assisted Living Facility at the property. While some of the trees that previously would have
been preserved based on the existing approved Application Plan will need to be removed to
accommodate the Assisted Living Facility, a number of significant trees will be retained and
protected by the proposed amendment. In addition,the Owner proposes to maintain a structure
to bond the remaining trees to increase the likelihood that they will be protected in the future.
PROPOSED PROFFERS TO ADDRESS IMPACTS
A draft proffer amendment statement is included with this submittal, which addresses Affordable
Housing, Cash proffers, Tree Preservation, and the right of the public to access the roads that are
proposed to be private roads.
31508638_2 docx
• •
DRAFT
PROFFER STATEMENT
OAKLEIGH AMENDMENT
Date: d June 30,2016
ZMA#: -00004 2016- Oakleigh FarmAmendment#1
Tax Map and-Parcel . •• : • : • • ", • : • #: 04500-00-00-026A0
84228.8 acres to be rezoned from Re-Residential-to-Neighborhood Model Dist
(Development ("NMDA
• . • . . . . . . . 1 .. i . . . . • " ' • • • ' • : . • : •
» .. . . I . . .. II
to NMD to amend proffers
Oakleigh Albemarle;LLC, a Virginia limited liability company, is the fee simple owner(the
"Owner") of Tax Map 45, Parcel 26A (the "Property") which is the subject of the zoning map
amendment application#ZMA 2007 0000'1-2016- known as "Oakleigh Farm." The
Applicant for Oakleigh Farm is alse-Oakleigh Albemarle;LLC, a Virginia limited liability
company. The Oakleigh Farm community is herein referred to as the "Project."
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, Owner hereby voluntary
proffers the conditions listed in this Proffer Statement, which shall be applied to the Property if
the rezoning is approved by Albemarle County. These conditions are proffered as part of the
rezoning and it is acknowledgedagreed that the conditions are reasonable. This proffer statement
shall supersede and replace in all respects the proffer statement approved by the Board of
Supervisors in connection with ZMA-2007-00004.
1. -1—Affordable Housing.
A. 15%Affordable Requirement. The Owner shall provide a mixture of affordable
housing units and cash in lieu of affordable housing units equivalent to fifteen percent (15%) of
the total residential dwelling units within the Project that is in excess of the number of units that
were allowed by right under the zoning that was in existence prior to the approval of ZMA 2007-
0004 (the "15% Affordable Requirement"). . .. - . -- - . . - - -
as follows:Prior to the approval of ZMA 2007-00004, the property was zoned R-6 Residential,
and thus had b -ri.ht develo•ment ield of 52 dwellin. units. Therefore the cash contribution
for compliance with the Affordable Housing Requirement shall begin after a certificate of
occupancy.for the 52nd dwelling unit within the Project is issued and prior to the Owner
obtainin. a certificate of occupancy for the 53rd dwelling unit within the Proiect.
(i). The Owner shall provide affordable housing dwelling units equal to at
• - . • • °' e total residential dwelling units within the Project
in the form of for sale or for lease affordable dwelling units as described in this paragraph 1 (the
"Affordable Dwelling Units" or"Affordable Units"). The Affordable Dwelling Units shall be
comprised of one or more of the following unit types: single family attached housing
(townhouses-or duplexes), condominiums or single family detached units. The Owner or its
. - --• . :rdable dwelling unit that would otherwise be
Paragraph I(A)(i),-the-Owner-shall--make- :-E as-h-€entri ut-ien-te-A-lk etmarie-€eunty for-the
af-fo . .. ' program-in the-amour-1 .• _ 3: : - - - mdred Dollars
($19,100) for each such unit or any portion thereof(the "Affordable Housing Cash Proffer")
such that the number of Affordable Units and the Af : - -- - - - • . -
15% Affordable Requirement as described herein. Any unit for which the Affordable-Housing
Cash Proffer is contri-bu - - . -d herein shall count as an Affordable Dwellings--for
Affordable Housing Cash Proffer shall be allocated among the market rate dwelling units, such
that the number of affordable dwelling units or any portion thereof that would otherwise be
required to meet the requirements of this Paragraph 1A(ii) and the 15% Affordable Requirement
is multiplied by the figure of$19,100, and that product is then divided by the number of market
building or block of townhouse units, until the 15% Affordable Requirement has been satisfied.
Cash Proffer is paid, the per unit Affordable Housing - _ • -- - . - •adjusted to assure that the 15%Affordable Requirement is satisfied.
(iii). Each subdivision plat and site plan for land within the Project shall
Paragrapl , : - • a : - c Dwelling Units, and-the aggregate number E -
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Notwithstanding the foregoing, however, the Owner may "carry over" or "bank" credits for
Affordable Units in the event-previously built buildings within the Project provided more than
for an equivalent number of units ("Affordable Credits"). Any such additional Affordable
remain to be built within the Project.
- h• that the housing costs consisting of principal,
of the Affordable Unit Qualifying Income, provided, however, that in no event shall the selling
price of such affordable units be required to be less than the greater of One Hundred Ninety
Thousand-Fear-Hundred-Dollars($-190,400)or-sixty five-percent (65°/e)—o4 he-applieable
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Virginia Housing Development Authority (VHDA)maximum mortgage for first time home
.. - . . .. .. .. . . . . •• d below.
The Owner or his successor in interest may at its option facilitate the provision of down payment
but not limited to a second lien Deed of Trust, so that the resultant first mortgage and housing
costs remain at or b- I - .• - - - • '. - . :• . : instruments
Trust executed as part of this paragraph 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
Affordabl- ! • - -- • - - - • :.•: • • • . , . • - -
selling price of such Affordable Dwelling Units.
C. For Lease Affordable Dwelling Units.
(i) The initial net rent for each for lease Affordable-Unit shall-rnot-exee d-the
then current and applicable maximum net rent as published by the County Housing Office. In
ses of this proffer statement, the term "net rent"
- . - - .. •- .. - • :.•• . • - , - • - • -e-rents for such
defined by the County's Affordable Housing Policy, whichever comes first(the `Affordable
Term").
(ii). Conveyance of Interest All instruments conveying any interest in the for
Affordable Term, shall contain a complete and full disclosure of the restrictions and controls
established-by-this-Paragraph 1(C). P : • . • interest-M-any=-for-le-a-se
Affordable Dwelling Unit during the Affordable Term, the then current owner shall notify the
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(iii). Reporting Rental Rates. During the Affordable Term, within thirty (30)
such unit rei ' , the rental rate for such unit and the term of th -
D. Notification Period; County Cash Option.
be-approved by-the Albemarle County Office e€44eu&ing-e4ts-designee—The--tl e -eurrent
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owner/builder shall provide the County or its designee a period of ninety (90) days to identify
and pre qualify an eligible purchaser for the Affordable Unit(s). The ninety (90)day period shall
commence upon written notice from the then current owner/builder that the Unit(s) is within one
hundred twenty (120) days of completion and,that on or before the end of such one hundred
twenty (120) day period shall be ready for occupancy. If the County or its designee does not
provide a qualified purchaser who executes a contract of purchase during this ninety(90)day
restriction on sales or lease price or income of the purchaser(s), provided, however,that any
Unit(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. The
requirements of this proffer shall apply only to the first sale of each of the Affordable Dwelling
Units that are purchased. Nothing herein shall preclude the then current owner/builder from
working with the County Housing Department prior to the start of the notification periods
. . - - ' . fort to identify qualifying purchasers for-the Affordable Units.
(ii). 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 Property which
•- . - . - i . .. - ! 'ng 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($19,100) in lieu of each affordable unit(s), then the then current owner/builder shall pay
such cash contribution to the County prior to obtaining a certificate of occupancy for the unit(s)
that were originally planned to be Affordable Dwelling Units, and the then current owner/builder
shall have the right to sell the Unit(s) without any restriction on sales price or income of the
purchaser(s). For the purposes of this proffer, such Affordable Dwelling Units shall be deemed to
have been provided when the subsequent owner/builder provides written notice to the Albemarle
County Office of Housing or its designee that the Affordable Unit(s) will be available for sale.
B. Cash Proffer For Affordable Housing Requirement. If there are more than 52
dwelling units within the Project such that the 15% Affordable Housing Requirement is
applicable. the.()wncc_shall._malc._tt cash..colatl.il2_uti ti.to. 11hcnrar`Ie.County..for._the._aff`crrciablt.
huusi g.nro ;ron._in_the nfl? .0 ri.a.Nineteen Thousand Otre.Hundred Dollar..._1.$_19..1.00.)...for_each
such unit (the "Affordable Housing Cash Proffer") Any_unit for which the Affordable Housing
C'ash_Profter s.contributecl as roovidcd herein shall count_as.an._A fordable_Dwell.ingi-)nit for
purposes of Thi.s.Paragraph 1.
lithe right, upon reasonable notice and subject to
all applicable privacy laws, to periodically inspec - . . -- • : . - -
interest for the purposes of assuring compliance with this Paragraph 1.
2. Cash for Ca l-I n ovements Proaran+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 (a"Market
Rate Unit"), and that is in excess of the number of units that were allowed by right under the
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zoning that was in existence prior to the approval of ZMA 2007-0004. Prior to the approval of
ZMA 2007-00004 the .ro.ert was zoned R-6 Residential and thus had b -right develo.ment
yield of 52 dwelling units. Therefore, the cash contribution for Market Rate Units shall begin
after a certificate of occupancy for the 52nd dwelling unit within the Project is issued and prior to
the Owner obtaining a certificate of occupancy for the 53rd dwelling unit within the Project. The
cash contributions 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 contributioncontributions
shall be paid prior to issuance of a building permit for each unit in the following amounts:
-A(i). SeventeenFour Thousand F4-veNine Hundred and Eighteen Dollars ($4-X4,918)
for each single:family detached dwelling unit that is not an Affordable Dwelling Unit.}
B ii . ElevenThree Thousand N-ineEight Hundred and Forty-Five Dollars ($44,9003,845)
for each single family attached dwelling unit that is not an Affordable Dwelling Unit.
unit that is not an Affordable Dwelling Unit.
WA). Zero Dollars ($0.00) for each Affordable Dwelling Unit.
3,-B. Annual Adjustment of Cash Proffers. Beginning January 1, 2008,1 of each year
following the approval of this rezoning,the amount of each cash contribution required herein
shall be adjusted annually until paid, to reflect any 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 identifiedspecific index referenced herein in
discontinued. 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 1 in the precedingproceeding calendar
year, and the denominator of which shall be the Index as of December 1 in the year preceding the
calendar year most recently ended (the "Annual Percentage Change"). For each cash
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correspondingly adjusted each year.
3. '1. Tree Preservation. The Owner has submitted asAs part of the Code-4
Development for Oakleigh Farm a tree protectionfinal site plan for the Project the Owner will
submit a tree preservation plan (the "Tree Plan") for thirty nine (39thirteen (13) trees within the
Project, as shown on the TreeApplication Plan, which specifies tree protection methods and
procedures, including fertilizing, tree protection fencing and mulching which shall be complied
with during and after development of the Project. Prior to the final site plan approval, the Owner
shall submit a bond or other form of surety in the total amount of Twenty Nine thousand Dollars
($29,000). ($ ). The bond or surety shall be
submitted to guaranty the replacement of those trees which are numbered 1, 1 A, 2, 3, 4, 4A, 5, €,
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7, 8, 9, 10, 114, 16, 17, 19, 20, 21, 22, 24, 25, 27A, 30, 31, 32, 35, 38, 38A, and'llD32 on the
TreeApplication Plan (the "Bonded Trees") in the event that any of the Bonded Trees die within
a period of five (5) years after issuance of the last residential Certificate of Occupancy within the
Project. The bond or other surety shall be in a form acceptable to the County Engineer and the
County Attorney.
4. Pedestrian Easement. The Homeowners' Declaration of Covenants and Restrictions
for the Project shall contain a provision which grants a public right of pedestrian access over all
sidewalks within the Project. This right shall be in perpetuity and the Declaration shall name the
County of Albemarle, Virginia as a third-party beneficiary with the express right to enforce the
provisions of such public right of access.
6. Erosion and Sediment Control. The Owner shall,to the maximum extent practicable as
determined by the County's Program Authority,provide additional erosion and sediment controls
to achieve a sediment removal rate of eighty percent (80%)for the Property. (As a reference,
current regulatory structural measures achieve a 60%optimal removal rate.)
[SIGNATURE PAGE FOLLOWST
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WITNESS the following duly authorized signaturessignature:
Owner:
OAKLEIGH ALBEMARLE;LLC,
a Virginia Limited Liability Company
By:
Printed Name:
Title: —
I17s9a'cII
31491018 2
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Document comparison by Workshare Compare on Thursday, June 30, 2016
12:39:54 PM
'Input:
'Enput: — - -- — — —
Document 1 ID interwovenSite://WM-IW-APP/IWOVRIC/31567147/1
Description #31567147v1<IWOVRIC> - 2008 Approved Oakleigh
Proffers
Document 2 ID interwovenSite://wm-iw-app/IWOVRIC/31491018/2
Description #31491018v2<IWOVRIC> - Oakleigh, Proffers
Amendment 2016
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