COUNTY OF ALBEMARLE
Request to rezone approximately 112 acres of Tax Map Parcels 94-74, 93A5-1 and portions of 93A1-1, 94-15, 16, and 16A from RA to PRD with proffers
LEGAL REVIEW: NO
November 14, 2007
ACTION: X INFORMATION:
On August 21, 2007 and then on October 30, 2007, the Planning Commission held public hearings on the Leake rezoning. The second public hearing was conducted to correct an advertising error. At the August 21, 2007 meeting, the Planning Commission recommended approval with the following conditions: (1) The applicant shall meet the Board’s cash proffer and affordable housing expectations for 110 residential units; (2) the applicant shall coordinate asphalt pathway locations so that they are placed on the same side of the street as a majority of the residences; (3) the plan shall be amended to show a complete pedestrian connection along Farringdon, Carroll Creek Road and Piper Way; and (4) the applicant provides a minimum greenway area dedication in a proffer.
In proffers submitted for the October 30 Commission public hearing, the applicant had only responded to the minimum greenway area dedication and not the other items requested by the Commission. Accordingly, the Commission recommended denial of the rezoning because the proposal did not meet the Board’s cash proffer and affordable housing expectations for 110 residential units, an asphalt pathway was not on the side of the street with the majority of the residences, and because the plan had not been amended to show a complete pedestrian connection along Farringdon, Carroll Creek Road and Piper Way.
Attachment I contains the action memo of the Commission from October 30, 2007. Attachment II is the staff report reviewed by the Planning Commission with the plan and proffers submitted for the public hearing.
Since the Planning Commission’s October 30 meeting, the applicant has modified the proffers to respond to some of the County Attorney comments related to the form, but not the substance of the proffers. No substantive change has been made to the proffers to address impacts of the lots involved in the rezoning. Although proffers for the area of the greenway have been made, the proffers now reference a deed of dedication for which there may be outstanding issues.
The applicant also continues to proffer cash to address impacts and affordable housing needs on only 76 of the 110 units proposed in the rezoning. Thirty-four of the units could be built in part of the area under review for the rezoning under the existing Glenmore PRD zoning. The applicant believes that the redesign for the 34 units is more sensitive to the natural resources on the site than what could be done under the existing zoning. He has also said that he could do more units under the existing zoning. Because he is reducing the number of units in the area and providing a more thoughtful design, he believes credit should be given for the 34 units.
While there may be an improved condition resulting from this rezoning’s proposed layout as compared to what can be done under current zoning, on both August 21 and October 30, the Commission did not feel it warranted a credit against the expected offsets to public facility impacts of the project as laid out in the cash proffer policy.
With the application plan, no change has been made to address either the location of the asphalt pathway on the Development Area side of the development where the rezoned lots will be or to make a complete pedestrian connection along Farringdon, Carroll Creek Road and Piper Way.
Attachment III contains the updated proffers and Attachment IV is the Application Plan.
As staff was reviewing the proposed proffers, a new issue was raised relative to the higher standard of erosion and sediment control and stormwater management with recently approved rezonings such as Hollymead Town Center Areas A1 and A2 and Biscuit Run. Staff has been considering whether the Leake development warrants a greater level of water resource protection than is currently required through existing regulations. Discussions with the applicant began late last week. Due to the fact that this issue has only been raised recently, it is not addressed in the applicant’s proffers. Between now and the Board’s public hearing, staff and the applicant will work to answer the question. Modified proffers related to water resource protection may be provided prior to the Board’s public hearing.
As the recommendation of the Planning Commission has not been fully addressed, staff cannot recommend approval of ZMA 06-16 Glenmore – Leake Addition with the current proffers (Attachment III) and the application plan (Attachment IV) for the following reasons:
· For 34 of the 110 residential units, impacts to public facilities that would result have not been adequately addressed either through the provision of the standard cash proffer specified in the County’s Cash Proffer policy or otherwise through cash, land or in-kind improvements.
· The County’s affordable housing policy has not been met for 34 of the 110 residential units.
· The applicant is not showing a complete pedestrian connection along Farringdon, Carroll Creek Road and Piper Way on the Application Plan or through proffers.
· The applicant has not placed the asphalt path which is to function as a sidewalk on Carroll Creek Road on the side of the road where a majority of the residences will be.
· The conditions for dedication of the greenway, now included in the proffers, are still under review as they reference a deed of dedication for which there may be outstanding issues.
ATTACHMENT I: Planning Commission Action Memo for October 30, 2007
ATTACHMENT II: Summary Staff Report dated October 30, 2007 with attached staff report dated August 21, 2007
PC action letter from August 21, 2007
August 21 staff report
ATTACHMENT III: Proffers signed November 6, 2007
ATTACHMENT IV: Application Plan dated August 8, 2007
Return to PC actions letter