COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

CPA 2006-003/ZMA 2006-019 Willow Glen

 

 

SUBJECT/PROPOSAL/REQUEST:

Applicants have applied for a Comprehensive Plan Amendment (CPA) and a Zoning Map Amendment (ZMA) to construct Willow Glen, a residential development of 234 units, with community amenities

 

STAFF CONTACT(S):

Cilimberg, Benish, Echols, Wiegand

 

LEGAL REVIEW:   NO

 

 

AGENDA DATE:

September 5, 2007

 

ACTION:             INFORMATION:   X

 

CONSENT AGENDA:

  ACTION:             INFORMATION: 

 

 

ATTACHMENTS:   YES

 

 

 

 

 

OWNER/APPLICANT PURCHASER;

Dickerson Ridge, LLC, is the owner; Sugaray Two, LLC is the applicant, with Valerie W. Long of Williams Mullen as contact; and Terra Concepts, PC as the land planners.

 

BACKGROUND:

The Planning Commission held two preapplication worksessions on this project on February 1, 2005, and November 22, 2005. These worksessions focused on the appropriateness of a CPA to change the land use designation from Industrial Service to Urban Density Residential. The Commission also addressed the features of the proposed development, the level of affordability, and the coordination and timing of the CPA and ZMA approval processes. Minutes of these two worksessions are included with the staff report for the Commission’s public hearing on August 14, 2007 (Exhibit A).

 

At a third worksession on December 5, 2006, which followed submission of the CPA/ZMA application on September 5, 2007, the Commission addressed the five criteria for amending the County’s Comprehensive Plan. The County’s Comprehensive Plan shows most of the area as Industrial Service, with a portion shown as Urban Density Residential. At the time staff was preparing for the December worksession, the draft Places29 Master Plan Framework Map showed the area as split between Light Industrial and Urban Density Residential. At the conclusion of the worksession, the Commission voted 4 to 2 (one member was absent) to request staff to prepare a Resolution of Intent to amend the Comprehensive Plan to reflect the area as all Urban Density Residential. The minutes from the relevant portion of that worksession are included with the staff report for the Commission’s public hearing on August 14, 2007 (Exhibit A).

 

A Resolution of Intent (ROI) was presented to the Commission on January 23, 2007, and adopted by a vote of 5 – 2. A copy of that Resolution is included with the staff report for the Commission’s public hearing on August 14, 2007 (Exhibit A).

 

A fourth Planning Commission worksession was held on February 6, 2007. The Commission gave direction to staff on several questions related to the Zoning Map Amendment, as described in the minutes of that worksession included in the staff report for the Commission’s public hearing on August 14, 2007 (Exhibit A).

 

The Planning Commission held a public hearing on the Willow Glen proposal on August 14, 2007. At that meeting the Commission voted (4 – 0, with three members absent) to recommend including the CPA in the Places29 process; to recommend approval of the rezoning to Planned Residential District (PRD), with the Board’s requested proffer amount and without the Housing Loan Fund, the moderately priced units and transit “earmark”; and to approve the Critical Slopes Waiver. The recommendation for approval of the ZMA was conditioned on the following:

  1. The applicant shall work with staff on the regrading of the slopes so as to be sufficient to give a critical slopes waiver.
  2. The front loading of residential units is approved subject to the driveways complying with the distance that was shown in the applicant’s presentation tonight so that there will be no hangover of cars onto the sidewalks.
  3. There will be no onstreet parking except the onstreet parking shown on the curved part by the tot lots.
  4. The cash proffers shall be finalized to meet the Board’s policy.
  5. The proffer details shall be finalized in accordance with counsel for the County and staff. (Exhibit B).

 

 The application plan for Willow Glen is included in the back of the booklet attached as Exhibit C.

 

STRATEGIC PLAN:

Strategic Objective 1.2. By June 30, 2010, working in partnership with others, increase affordable housing opportunities for those who live and/or work in Albemarle County.

 

DISCUSSION:

The applicant is requesting two actions from the Board of Supervisors:

  1. A Comprehensive Plan Amendment that would change the designation of the five parcels from Industrial Service (and Urban Density Residential), to Urban Density Residential.
  2. A Zoning Map Amendment to rezone the five parcels from Rural Areas to Planned Residential District.

 

Staff believes there are two areas for which the Board’s guidance is needed as part of this work session: 1) the Comprehensive Plan Amendment, and 2) the cash proffers.

 

1. The Comprehensive Plan Amendment. The Planning Commission has recommended that the Comprehensive Plan Amendment be incorporated into the Places29 Master Plan process and that the land use designation for the Willow Glen area be changed from Industrial Service to Urban Density Residential. The following provides a brief history of the Commission’s recommendation:

                                                                              

February 6, 2005 (worksession). During the Planning Commission’s initial preapplication review of this proposal’s consistency with the Comprehensive Plan, a key issue was the potential loss of industrially designated land located in areas appropriate for industrial type uses. Staff’s summary comment was:

 

Staff opinion is that a sufficient amount of land is designated Industrial Service in the Land Use Plan, and within Hollymead, to meet anticipated need over the next 5 – 10 years. Therefore, the loss of this site alone is not a significant issue. Nevertheless, staff is generally concerned with the continued piecemeal erosion of the industrial land inventory and, in particular, with the loss of small properties which will continue to make it increasingly difficult for small scale industrial uses to locate in the County. This site is an example of this type of property.

 

Staff was also concerned with the loss of Industrially designated land near the airport where it would offer an opportunity for airport-related support services and associated industries to locate near the airport. Another of staff’s concern with this proposal was with the continued growth of residential areas in relatively close proximity to the airport and the potential conflicts that may result (noise, odor, safety, other nuisances/complaints) and how those conflicts could impact future airport plans/operations.

 

November 22, 2005 (worksession). At a second preapplication worksession, staff indicated that an analysis of industrial land needs would be part of the Places29 master plan process. The Commission indicated that the proposal should be forwarded to the Places29 consultant for evaluation.

 

December 5, 2006 (worksession). At the Planning Commission’s worksession on the CPA following application, staff indicated that the Places29 consultant would not be able to provide an analysis of industrial land in the County. The Commission determined that the Willow Glen proposal to provide affordable and moderately priced housing was appropriate at the proposed location and directed staff to prepare a Resolution of Intent to amend the Comprehensive Plan.

 

January 23, 2007. The Commission adopted the Resolution of Intent to amend the Comprehensive Plan.

 

August 14, 2007 (public hearing). The Commission voted to recommend approval of the Comprehensive Plan Amendment and to have it included in the Places29 Master Plan process.

 

Since this recommendation at the public hearing, Susan Stimart, the County’s Business Development Facilitator, has completed a review of the County’s Economic Policy. Part of that policy review is an analysis of  the amount of industrial land available in the County. A copy of a memo outlining these results and their application to the Willow Glen proposal is attached as Exhibit D. This analysis considers the amount of industrially designated land, its location, needs of existing businesses, and related matters. The memo indicates that reduction of Industrial Service designated land is a concern and the loss of the parcels in the Willow Glen proposal would contribute to the County’s inability to provide sufficient land that is not in an Entrance Corridor, has large enough parcels, and is more affordable.

 

While this additional information further elaborates on staff concerns raised earlier in the review of this proposal, this was not available to the Planning Commission during its deliberations.

 

Question for the Board: In view of this information, does the Board agree with the Commission’s recommendation that the Comprehensive Plan be amended as part of Places 29 to show this area as Urban Density Residential?

 

2. Cash Proffers. The applicant has offered a proffer that directs portions of their proffered cash into a Housing Loan Fund, a transit proffer, and a CIP contribution. The applicant’s proffer statement and explanatory highlight are included in the staff report attached as Exhibit A.

 

Based on the Board’s proffer policy intent, the following is a description of the proffer expectation for this project:

Cash Proffer Policy Expectation = $2,491,300 (234 units of various types less 35 affordable units X cash proffer by unit type)

Single-family (no affordable units): 22 –   0 =   22 x $17,500 =  $  385,000

Duplex (all to be affordable):          12 – 12 =     0                 =                 0

TH/Condo (23 to be affordable)    20023 = 177 x $11,900 = $2,106,300

Total:                                         234    35                            $2,491,300

 

The applicant’s preferred cash proffer would direct some of the cash proffer amounts to a self-replenishing Housing Loan Fund that would assist buyers of moderately priced housing offered at Willow Glen. There is also an amount directed to support transit service to the Willow Glen area and the remainder would be for the CIP. The following table shows the applicant’s proposed breakdown of the cash proffers into amounts for capital improvements, transit, and the housing loan fund.

 

Unit Type

$ for Capital Improvements

(per unit)

$ for Transit

(per unit)

$ for Housing Loan Fund

(per unit)

Total $ per Unit

# of Units

Total Proffered

Single Family Detached

$5,577.50

$2,235.47

$9,687.03

$17,500

22

$385,000

Single Family Attached

$3,792.70

$1,520.12

$6,587.18

$11,900

153

$1,820,700

Single Family Attached Moderately Priced

$1,896.35

$760.06

$3,293.59

$5,950

24

$142,800

Affordable

0

0

0

0

35

0

TOTAL

 

 

 

 

234

$2,348,500

 

The applicant indicates that, if the Board accepts the Housing Loan Fund as proffered, the applicant will also proffer 24 units of moderately priced housing. These units will be offered to families making between 80% and 120% of the area household median income. In other words, these units will be a “step up” from the affordable ones and will help households looking for what is also described as “workforce” housing. To help make the development of these units more feasible, the applicant is proffering one-half ($5,950 per unit) of the Board’s expected cash proffer amount for these 24 units. If the Board does not accept the cash proffer for the Housing Loan Fund in lieu of capital improvements, the applicant will not proffer 24 units of moderately priced housing and will sell these units at market rate. The difference in the total cash proffer between the Board’s expectation and the applicant’s preferred proffer is $142,800, as shown in the following table:

 

 

Current Cash Proffer

Cash Proffer without Housing Loan Fund

Board of Supervisors’ Cash Proffer Expectation to Offset Capital Impacts

Capital Improvements $

$   748,500

$2,491,300

 

Transit $

     300,000

 

 

Housing Loan Fund $

1,300,000

 

 

TOTAL

$2,348,500

$2,491,300

$2,491,300

 

Based on the Board’s discussion to date regarding cash proffer policy, the applicant’s proposed proffer does not satisfy the Board’s expectation. Reduced proffers for 24 moderately priced units and dedication of $300,000 of cash proffer proceeds to  transit and of $1,300,000 of cash proffer proceeds to a Housing Loan Fund in lieu of capital improvements do not meet policy expectations. Contribution to transit and a Housing Loan fund would be an additional consideration outside of the cash proffer expectations.

 

Question for the Board: Does the Board expect the full cash proffer with all funds devoted to capital improvements as recommended by the Planning Commission, or is the Board willing to accept the applicant’s proffer of moderately priced units, reduced cash proffers for those units, and cash proffers for transit and a Housing Load Fund in lieu of capital improvements?

 

Staff and the applicant are working on the conditions of the Planning Commission’s other recommendation for approval.

 

RECOMMENDATIONS:

Staff requests the board’s guidance on the following two questions, as well as any other guidance the Board wants to provide prior to this project proceeding to public hearing on October 10, 2007:

 

  1. Does the Board agree with the Commission’s recommendation that the Comprehensive Plan be amended as part of Places 29 to show this area as Urban Density Residential?
  2. Does the Board expect the full cash proffer with all funds devoted to capital improvements as recommended by the Planning Commission, or is the Board willing to accept the applicant’s proffer of moderately priced units, reduced cash proffers for those units, and cash proffers for transit and a Housing Load Fund in lieu of capital improvements?

 

 

ATTACHMENTS:

Exhibit A:     Planning Commission Staff Report, dated August 14, 2007

Exhibit B:     Action Memo, dated August 14, 2007

Exhibit C:     Willow Glen: A Unique Housing Community (spiral bound booklet) (on file in Clerk's office)

Exhibit D:     Memo on Industrially Designated Property and Willow Glen, dated August 24, 2007

Commission minutes of January 23 and August 14, 2007

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