October 29, 2007


Clifford H. Fox

4543 Garth Road

Charlottesville, Va 22901


RE:      ZMA2007-00011 Patterson Subdivision (Sign # 43 & 61)

Tax Map 55, Parcel 63


Dear Mr. Fox:


On October 16, 2007, the Albemarle County Planning Commission by a vote of 6:0 approved a motion to recommend denial of the above-noted petition to the Board of Supervisors. This recommendation of denial was based on the following staff recommendations:


Action on ZMA2007-00011:

Reasons indicated by staff in report:

1.   Cash proffers do not meet Board expectations.

2.   The applicant has not made proffer commitments to features of the concept plan that has been provided. However, the maximum number of residential units and provision of open space is proffered.

3.   Affordable housing proffers must be clear on the number of affordable units proffered and use standard language. The proffer to provide accessory apartments is unclear, does not define the type of units to be provided, and does not specify mechanisms for the provision of the proposed units.


 Why proffers are considered inadequate, as presented by Staff at meeting:

o        Affordable Housing Proffer- Unclear whether the applicant intends to proffer 3 or 4 units. The affordable units are proposed as single family attached. 15% of the total number of units proposed is 2.10.

o        Affordable Accessory Units- Proffer unclear, accessory units proffered with half of the SFD units, a total of 5.

o        Open Space Dedication to the County- The applicant is proposing to proffer approximately 0.80 acres of open space, adjacent to Lanetown Road, to the County for parks and recreation purposes. This dedication is not desired by Parks & Recreation at this time.

o        Cash Proffers-$3,000 per market rate unit.  There are 10 market rate units proposed and the Boardís expectation for single family detached is $17,500 per unit to mitigate impacts of the development.


The Commissioners also stated other reasons for not supporting the project in discussion, as follows:

o     The proposed conceptual layout was not sympathetic to the adjoining neighborhood.

o     This proposal was not right for this area and there were concerns about the density of this project at this location in Crozet.

o     The applicant did not provide acceptable submittal materials.

o     There were infrastructure concerns, including sufficient water capacity.  School capacity issues are also a concern, with students recently moved from Crozet to Brownsville Elementary School. Storm water and erosion is a problem in Gray Rock and this project did not include workable stormwater concepts.   


Action on Waivers:


View executive summary

View staff report and attachments
View PC minutes

Return to regular agenda


Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on December 12, 2007. It is the Board of Supervisorís preference that a public hearing not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review.  Therefore any new or additional information regarding your application, including final proffers if applicable, must be submitted to our office at least twenty-one (21) days prior to your scheduled hearing date, which is November 21, 2007. Please review the attached proffer policy established by the Board of Supervisors on December 7, 2005.


If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832.






Rebecca Ragsdale

Senior Planner

Planning Division