COUNTY OF ALBEMARLE

PLANNING STAFF REPORT SUMMARY

 

Project Name:  ZMA2006-18 Forest Ridge Lots 1 & 22 Amendment

Staff:  Judith C. Wiegand, AICP

Planning Commission Public Hearing:  December 12, 2006

Board of Supervisors Public Hearing:  January 10, 2007

Owners:  Craig Builders of Albemarle, Inc.

Applicant: Rob Cummings, Kirk Hughes and Associates

Acreage:  9.9 acres

Rezone from: R-10 to R-10 with changed proffers.

TMP:   Tax Map 46B4 -03, Parcels 1, 22, B, and C

Location:  The southeast and southwest corners of the Proffit Road/Moubry Lane intersection, approximately 1800 feet east of US 29.

By-right use:  residential, 10 units/acre.

Magisterial District:  Rivanna

Proffers/Conditions:  Yes  

Proposal:  Rezone 9.9 acres from R-10 (10 units/acre) with proffers to R-10 with changed proffers to reduce the reserved right-of-way for Proffit Road, provide an area of open space and a utility easement, and allow building setbacks. The Forest Ridge development currently has 38 duplex units, changing the proffers would permit construction of the last 4 units.

Requested # of Dwelling Units:  change in proffers from previous rezoning would allow construction of the final 4 duplex units otherwise allowable under the original rezoning.                           

 

DA (Development Area):  Hollymead

Comprehensive Plan Designation:  Urban Density Residential

Character of Property:  Property to be affected by change in proffers is part of a residential development with 19 duplex buildings (38 units). The two affected lots are vacant and are the last two to be developed.

Use of Surrounding Properties:  surrounding parcels are currently designated Urban Density Residential and zoned R-1. Current uses are a church and residences.

Factors Favorable:

·         Would enable the developer to complete this development as allowed under the original rezoning in the same spirit/character as the existing units.

Factors Unfavorable:

·         Deleting six feet from the reserved right-of-way for Proffit Road reduces the flexibility the County and VDOT may need to ensure a good design for the widening of Proffit Road in the future.

·         A potential bike path is more appropriately located in the Proffit Road right-of-way than in open space or an easement on private property.

RECOMMENDATION:  Staff does not recommend approval of this rezoning to change the proffers because of the need noted by the County Engineer to preserve maximum flexibility for Proffit Road improvements and because a bike path, as a potential public facility, would be more appropriately located in the Proffit Road right-of-way.

 

STAFF PERSON:                                                                  JUDITH C. WIEGAND, AICP

PLANNING COMMISSION:                                              DECEMBER 12, 2006

BOARD OF SUPERVISORS:                                              JANUARY 10, 2007

 

ZMA 2006-18 FOREST RIDGE LOTS 1 & 22 AMENDMENT

 

PETITION 

PROJECT: ZMA 2006-00018, Forest Ridge Lots 1 and 22 Amendment

PROPOSAL:  Rezone 9.9 acres from property zoned R-10 (10 units/acre) with proffers to reduce

reserved right-of-way, provide utility easement, and allow building setbacks. Currently has 38 duplex

units, rezoning would permit 4 more.

PROFFERS:  Yes X   No

EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY:  Property designated Urban Density

Residential (6.01-34 units/acre) and supporting uses such as religious institutions, schools,

commercial, office and service uses in Development Area.

ENTRANCE CORRIDOR: Yes____No__X__

LOCATION: Property is located on southeast and southwest corners of Proffit Road/Moubry Lane

intersection, approximately 1800 feet east of US 29 in Hollymead Development Area.

TAX MAP/PARCEL: TMP 46B4-03, Parcels 1, 22, B, and C.

MAGISTERIAL DISTRICT: Rivanna

 

CHARACTER OF THE AREA

This property is located on the southeast and southwest corners of the intersection of Proffit Road and Moubry Lane. Forest Ridge is a residential development with 19 existing duplexes (38 units) laid out on both sides of Moubry Lane. The two parcels that are the subject of this ZMA are the last two parcels to be developed in the subdivision.

 

SPECIFICS OF THE PROPOSAL

On January 22, 1992, the Board of Supervisors approved a Zoning Map Amendment with Proffers (ZMA1991-08) that permitted development of Forest Ridge, a residential community of duplex units along Moubry Lane. There were four proffers included in this ZMA (see Attachment A). Proffer 3 was a dedication of a 30-foot strip along Proffit Road (State Route 649) and a reservation of an additional 30-foot strip for future road improvements by the County or the Virginia Dept. of Transportation (VDOT). Proffer 4 is an agreement to reserve up to nine (9) feet beyond the 30-foot dedication and the 30-foot reservation for construction of a bike path. Proffer 4 does not specify who will own or construct the bike path.

 

The purpose of this ZMA is to alter Proffers 3 and 4 in a manner that will allow construction of the final two duplexes, one on Lot 1 and the other on Lot 22. Lots 1 and 22 are the last two lots in the development and are otherwise ready for development. They are corner lots and do not have sufficient room for the required 25-foot setback on their Proffit Road frontage. They do have the 25-foot setback on Moubry Lane. The applicant would like to modify Proffers 3 and 4 to allow six (6) feet of the reserved 30 feet to be combined with the 9-foot bike lane into a 15-foot bike path and landscape easement (open space). If this 15-foot strip is open space, the applicant will be able to meet the 10-foot side setback from the Open Space and the 25-foot setback from the Proffit Road right-of-way. (See Attachment B, Proposed Open Space A & Proposed Open Space B, and Attachment C, Exhibits showing existing and proposed designs.)

The new open space will be maintained by the Forest Ridge Homeowners Association.

 

APPLICANT’S JUSTIFICATION FOR THE REQUEST

The applicant would like to continue the spirit of Forest Ridge and its attached development neighborhood through the previously described changes to existing Proffers 3 and 4. The applicant intends to proffer space for the bike path in the location originally proffered, but within open space, rather than public right-of-way. The proposed proffers will also allow VDOT to relocate any necessary utilities within the open space easement in the event that Proffit Road is improved.

 

PLANNING AND ZONING HISTORY

Tax Map 32, Parcel 29N was the subject of ZMA1991-008, approved on January 22, 1992. This property was rezoned from R-1 to its current R-10 district. The four proffers listed in Attachment A were part of this rezoning.

 

CONFORMITY WITH THE COMPREHENSIVE PLAN

The Land Use Plan recommends Urban Density Residential at a density of 6.01 – 34 dwelling units per acre (du/ac) for this parcel. The current developed density is approximately 4 du/ac (9.9 acres, 38 units). Adding four more units will raise the developed density slightly (9.9 acres, 42 units), as allowed by the original rezoning, but will still be lower than the 6.01 du/ac minimum recommended by the Land Use Plan. However, this development and its originally approved density predates the current Land Use Plan. Since the development is almost built out, there is no opportunity to increase this density. 

 

Staff recognizes that several principles of the Neighborhood Model have been satisfied, even though this neighborhood was also developed before the County’s Neighborhood Model was adopted.

 

The Neighborhood Model:  Conformity with the Neighborhood Model is assessed below:

 

Pedestrian Orientation

This neighborhood is not currently served by sidewalks along Moubry Lane, a short cul-de-sac, and none are planned. There is not much place for residents to walk, except between one another’s homes and to the open space dedicated at the southern end of the property. The neighborhood would have access to a bike path that would be anticipated with future Proffit Road improvements. There is no public transportation nearby at this time. This principle is not met, but may not be reasonably applicable with the already built condition.

Neighborhood Friendly Streets and Paths

Neighborhood friendly streets and paths are characterized by street trees, sidewalks, and houses with shallow setbacks. This neighborhood does not have sidewalks or street trees, although there are wooded areas nearby. The houses are set back a minimum of 25 feet from Moubry Lane. This principle is not met, but may not be reasonably applicable with the already built condition..

Interconnected Streets and Transportation Networks

The design of this neighborhood does make provision for interconnections to properties on the east and west sides. The development is off Proffit Road, so access to schools, services, retail, and other uses is fairly direct. This principle is met.

Parks and Open Space

This development includes a 2.26-acre area of open space at the southern end of Moubry Lane. The open space is accessible from Moubry and is available to all residents of the neighborhood. This principle is met.

Neighborhood Centers

There are no neighborhood centers close to this development, but it is a small neighborhood and is close to the intersection of Proffit Road and US 29 (Seminole Trail).

Buildings and Spaces of Human Scale

This is a conventional duplex development, small is size, and well-served by open space. This principle is met.

Relegated Parking

Not reasonably applicable, since the only parking is for the residences and has been established as part of the development that has already occurred.

Mixture of Uses

This is a small residential neighborhood, with open space. It would be difficult—close to impossible—to add anything to make it mixed use. This principle is not reasonably applicable.

Mixture of Housing Types and Affordability

These duplexes were built before the County began requesting a mixture of housing types and adopted a policy for affordable housing.

Redevelopment

Not applicable.

Site Planning that Respects Terrain

This development was originally laid out to respect the streams, and the open space was configured to protect an environmentally sensitive area.

Clear Boundaries with the Rural Areas

This development is not adjacent to the Rural Areas.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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:

 

R-10 districts are hereby created and may hereafter be established by amendment to the zoning map to provide a plan implementation zone that:

§         Provides for compact, medium-density residential development;

§         Permits a variety of housing types;

§         Provides incentives for clustering of development and provision of locational, environmental and developmental amenities.

R-10 districts may be permitted within the community and urban area locations designated on the Comprehensive Plan.

 

Forest Ridge is a fairly compact, moderately dense residential development. While there is no variety in housing type, this is a small development and there was little opportunity to provide more than one type. The development was designed to cluster the duplexes so they are outside of the environmentally challenged southern portion of the site, which has been set aside as open space. They were also set back from the stream and space was left for interconnections to adjacent parcels.

 

This rezoning, if adopted, will change two of the existing proffers and allow the development to be completed as otherwise allowable under the original rezoning as a duplex neighborhood. Staff believes that provisions that allow two more duplex buildings (four units), from the standpoint of the intent of its zoning district, are appropriate.

 

Public need and justification for the change: The County’s Comprehensive Plan supports rezoning

Proposals which are in conformity with recommendations for use, density, and form. This proposal is

in conformity with the use and form, although the density is lower than the Land Use Plan’s designated

minimum for this area.

 

Anticipated impact on public facilities and services: Staff expects very little additional impact on water, sewer, and

schools from the four additional duplex units.

 

However, there is a potentially significant impact on Proffit Road, if the reserved strip that was proffered in the earlier rezoning is decreased from 30 feet to 24 feet in width. Moubry Lane intersects Proffit Road between Worth Crossing and the bend in Proffit just north of Baker-Butler Elementary School. This section of Proffit Road is planned to be a 3-lane section, with the center lane designated a turn lane. A number of improvements, including provision of a sidewalk and bike lane, are planned for this stretch of Proffit.

 

As explained by the County Engineer (See Attachment D, memo dated October 10, 2006), these improvements have not yet been designed nor have they been through any County or public review process. The final design of the street cross section will not be fixed until the plans have been completed and a VDOT “Location & Design Public Hearing” held. The Proffit Road improvements are not in the County’s 6-Year Plan at this time, but will be scheduled as soon as possible. Discussions with and comments from VDOT up to this time have been based on conceptual sketches. The County Engineer has taken the position that no changes in the proffers regarding the dedication/reservation of right-of-way for road and bicycle path improvements should be considered until VDOT has completed the design process for the Proffit Road improvements project and the County Board of Supervisors has adopted a resolution approving the final design.

 

Staff recognizes that it may be several years before the Proffit Road improvements are designed and the VDOT public hearing held. Further, staff does not recommend that a public bike path be located in Open Space or an easement, and in fact may not be necessary when Proffit Road plans are completed as bike lanes along Proffit Road are more likely. Sidewalks and bike facilities are more appropriately located within the right-of-way for Proffit Road and should be maintained by VDOT.

 

The current width of 30 feet allows maximum flexibility in the design of these potential improvements.

 

Anticipated impact on natural, cultural, and historic resources: The development has been

designed to minimize the impacts on natural resources. There are no cultural or historic resources in

the area.

 

Anticipated impact on nearby and surrounding properties:  The duplexes immediately to the south of each of the proposed duplexes on Lots 1 and 22 will have new neighbors, once construction of the proposed duplexes is complete. Impact on these properties is not expected to be greater than what was anticipated with the original rezoning. All of the neighborhood residents are likely to experience a slight increase in traffic and, possibly, noise from the additional units.

 

PROFFERS

Staff has not received precise language from the applicant for the two new proffers that replace Proffers 3 and 4. However, the applicant’s intent is to amend the proffers such that the 30-foot reserved strip across State Route 649 (Proffit Road) would be reduced to 24 feet and the 9 feet beyond that 30-foot reservation that would be reserved for a bike path would be increased to 15 feet, but only for Open Space incorporating a 9-foot bike path and not potential public right-of-way. This language will be worked out after the Planning Commission has addressed this rezoning and before it goes before the Board of Supervisors.

 

SUMMARY

Staff has identified the following factors, which are favorable to this rezoning request:

·        Would enable the developer to complete this development as allowable under the original rezoning in the same spirit/character as the existing units.

 

Staff has identified the following factors, which are unfavorable to this rezoning request:

·        Deleting six feet from the reserved right-of-way for Proffit Road reduces the flexibility the County and VDOT may need to ensure a good design for the widening of Proffit Road in the future..

·        A potential bike path is more appropriately located in the Proffit Road right-of-way than in open space or an easement on private property.

 

RECOMMENDATION

Staff does not recommend approval of this rezoning to change the proffers because of the need noted by the County Engineer to preserve maximum flexibility for Proffit Road improvements and because a bike path, as a potential public facility, would be more appropriately located in the Proffit Road right-of-way.

 

ATTACHMENTS

 

Attachment A – Original Proffers (ZMA 1991-08)

Attachment B – Location Map

Attachment C – Exhibits showing existing and proposed designs

Attachment D – Memo from County Engineer, dated October 10, 2006

Return to PC actions letter