COUNTY OF ALBEMARLE
Request to rezone 8.9 acres of Tax Map 56H Parcel A from R1 and R6 to PRD with proffers and waivers.
LEGAL REVIEW: NO
September 13, 2006
ACTION: X INFORMATION:
On August 2, 2006, the Board of Supervisors held a public hearing on the Westhall Phase V rezoning. This rezoning had been recommended for approval by staff because the applicant had addressed the Planning Commissionís concerns expressed at their July 11, 2006 public hearing. The Commission had recommended denial because the applicant had proffered to provide affordable housing for up to 100% of the median household income rather than limiting it to 80% of the median household income. In addition, the Commission believed that a total cash proffer of $45,000 for Eastern Avenue was not sufficient to off-set the impacts of the development. The proffers for the August 2 public hearing reflected a change to provide affordable housing up to 80% of the median household income and a doubling of the contribution towards Eastern Avenue to a total of $90,000.
At the meeting, several Board members expressed satisfaction with the affordable housing proffer change, but most Board members did not believe that the cash proffers were sufficient to mitigate public infrastructure impacts including off-site impacts for the transportation system. The Board voted to defer action on the rezoning pending additional information regarding timing for the construction of Eastern Avenue.
Since the August 2 Board meeting, the applicant has modified the proffers related to timing of the contributions for capital improvements. For Eastern Avenue, the owner proffers to provide $45,000 prior to issuance of the first building permit and $3000 per unit for the 2nd through 16th building permits. For other capital improvements, the applicant proffers $15,000 prior to the issuance of the first building permit and $1,000 per unit for the 2nd through 16th building permits. While the amount of money has not changed, the timing has changed to allow for half of the capital improvements contribution to be paid up front. The early contribution makes the cash available for County use in advance of half of the units being built.
The value of the early contribution is that it provides the County with cash earlier for the implementation of its capital improvements program. As design/preliminary engineering for Eastern Avenue has not yet been selected for funding, $5,000 may enable this process to begin earlier. Providing $15,000 towards other capital improvements earlier in the process may be beneficial if a currently funded capital improvements project requires additional cash.
Staff recommended approval of the rezoning on August 2, 1006, when the Planning Commissionís concerns were satisfied. The Board will need to determine whether this change in the timing of the cash proffer is sufficient to satisfy concerns related to infrastructure and the pace of growth in Crozet. If the Board is satisfied that the proffers adequately satisfy these impacts, staff recommends approval of ZMA 06-01 with the current proffers (Illustration A) and the amended application plan (Illustration B).
Staff recommends approval of a waiver to Sections 4.6.2 and 4.6.3.b. of the Zoning Ordinance to allow for the application of setbacks for the affordable dwelling units to be as shown on the application plan.
ILLUSTRATION A: Signed proffers dated August 23, 2006, 2006
ILLUSTRATION B: Application Plan dated July 13, 2006
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