ZMA-2005-00017 Biscuit Run 



Request to rezone approximately 828 acres from R1, and R2 residential to NMD Neighborhood Model District. Approximately 3,100 residential units and a neighborhood center, which would include commercial, office and community uses are proposed.



Cilimberg, Echols, Grant






September12, 2007



ACTION:    X          INFORMATION:  



  ACTION:             INFORMATION: 






Forest Lodge L. L. C., with LeClair Ryan as the contact, Torti Gallas & Partners, Inc. as the land planners with Collins Engineering as the consulting engineer is the applicant; Forest Lodge L. L. C., Elizabeth Breeden, and Biscuit Run, L. L. C. are the property owners.



This staff report is based on Proffers dated August 16, 2007, and a Code of Development and General Development Plan both dated August 17, 2007. The applicant has since submitted revised proffers dated September 4, 2007, which staff has not had adequate time to review.


The Board of Supervisors held a second work session on the Biscuit Run project on August 8, 2007. The focus of the staff report for the August 8th meeting was for staff to answer several questions the Board of Supervisors had regarding the Biscuit Run project. At the work session the following issues were discussed and the Board provided direction (in bold). The applicant’s response to date follows in bold italics.  


·         The applicant explained that 10% of their units would be built to be LEED certified and requested credit towards their cash proffer expectation be allowed for this.

Board Direction: The Board said that 2% of the cash proffer amount credit would be given for LEED certified units.


Applicant’s response: The applicant and staff have agreed to exclude the provision of LEED credit, due to its complexity.


Board Direction: The Board said that credit towards the cash proffer expectation should not be given for transit stops.


Applicant’s response: The applicant agreed to remove all the other categories (total value: $6,061,737) listed in the brochure’s section for additional proffered items from the list.


·         The location of affordable housing units on the Biscuit Run site or off-site at the adjacent Southwood Mobile Home Park was further discussed.

Board Direction: The Board explained that they want affordable units to be located on site.


Applicant’s response: The applicant has provided a proffer with all 15% affordable units being provided in Biscuit Run.


Generally, the Board agreed to also allow credit for improvements to Route 20. Additional discussion included the following:


• Design of the Mill Creek connector road: A Board member suggested the road be designed for Mill Creek residents to go into Biscuit Run rather than for Biscuit Run residents to go into Mill Creek, which is the way the design currently appears.

Applicant’s response: The applicant has provided a proffer that describes the dedication of right-of- way sufficient for a future vehicular connection from the pedestrian and street network within the property to the common boundary with the Mill Creek South neighborhood, generally in the location depicted on the General Development Plan (GDP). The details of the design of the trail are shown on the GDP. Coordination regarding the interconnection of this road will require cooperation from the Mill Creek neighborhood.    


• Main Connector Road: A Board member suggested design of the main connector road from Route 20 to Old Lynchburg Road be a 2 or 4 lane road with a divider or median in the middle. The applicant suggested that the median be taken out in the town center area only, so that a more urban environment could be maintained in the neighborhood center. The median should remain in the rest of the spine road.

Applicant’s response: The Code of Development and GDP describe a main connector road that is primarily the character suggested by the Board member


• Transit Service: While the Board provided general support for the transit service the applicant is offering to provide to the Biscuit Run residents, there was much discussion regarding whether the service should be private or public. Staff continues to believe the proffer provided for this issue is practically impossible to enforce and believes a public transit contribution is more appropriate.

Applicant’s response: The applicant has provided proffer 7 E Permanent Transit Service, which describes the Owner providing transit service between Biscuit Run and the University of Virginia and the City of Charlottesville Downtown Transit Station. The transit service shall commence as a private transit service no later than the date of issuance of the building permit for the 500th dwelling in Biscuit Run and shall continue for ten (10) years or until the earlier provision of public transit service occurs.   


• Grading: Staff explained that the proffer relating to grading needs to be revised.

Applicant’s response: The applicant and staff have agreed to a grading proffer.


• Layout of the town center: The Board was concerned that the town center layout needs to reflect an east – west relationship with less emphasis of the town center development facing Route 20.

Applicant’s response: The Code of Development (pages 11 and 16) describe the layout for buildings and their location within the neighborhood center. Page 16 of the Code of Development includes the following: “Commercial uses that front Route 20 shall not exceed 10,000 square feet for any single user so as to avoid the effect of large monolithic buildings ‘overlooking’ Route 20. The east-west connector will be the main commercial street within the Neighborhood Center. At least two-thirds of the doors of the commercial uses, other than recreation uses, will be located so as to front along the east-west connector.”

• Proposed Avon Street connection into Biscuit Run: Concern regarding the Avon Street alignment as shown on the plan was discussed. The applicant explained that the layout of the road would go from the Avon Park development over to Biscuit Run. However, 2 to 3 property owners will not give permission at this point for the new Avon Street layout.

Applicant’s response: The GDP shows this proposed connection. However, this connecting road will not be completed until coordination occurs with the all the affected property owners.    




The applicant has submitted a revised general development plan, and code of development that have primarily addressed all the outstanding issues relating to them.


Exhibits E and F, which are attached, describe the County’s proffer value list for Biscuit Run and the applicant’s proffer value list for Biscuit Run. Staff received the applicant’s proffer value list September 4, 2007 and has not had adequate time for review. In comparison of the two value lists, staff shows a deficit of $3,387,155. The applicant shows a deficit of $132,423. 


As noted earlier, this staff report is based on the proffers dated August 16, 2007. Revised proffers were submitted on September 4, 2007 and have changed in a variety of ways. Staff has not had adequate time for review and comment of these revised proffers for the September 12, 2007 public hearing with the Board of Supervisors.  


The following two new proffers have been added to the list of proffers:

• Proffer 1. H. Cash Proffer for Stream Monitor Station

• Proffer 18 Cash Proffer for Boys & Girls Club Facility at Southwood  


Several other changes have occurred to the proffers; some changes are more significant than others and refer to specific staff, such as the County Engineer. Staff will need appropriate time to review and comment on the revised proffers. Staff will be prepared to provide any staff comments received by the September 12, 2007 Board meeting to the Board of Supervisors.   



With revised proffers pending staff review, staff is not able to recommend approval of ZMA 2005-017. 



EXHIBIT A: Applicant’s Work Session brochure dated August 8, 2007

EXHIBIT B: General Development Plan dated August 31, 2007 (on file in Clerk's office)

EXHIBIT C: Code of Development dated August 31, 2007

EXHIBIT D: Proffers dated September 4, 2007

EXHIBIT E: Albemarle County Biscuit Run Proffer Value

EXHIBIT F: Biscuit Run Proffer Value

View PC minutes: May 29, March 27, February 27, February 6, January 30, January 16, 2007; December 19, November 14, June 13, April 18, March 21, March 7, and January 31, 2006.

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