Project Name:  ZMA 2007-0011 Patterson Subdivision

Staff:  Rebecca Ragsdale

Planning Commission Public Hearing: 

January 22, 2008

Board of Supervisors Public Hearing:

March 19, 2008

Owners:    Emile Bethanne Patterson & J. Daniel Patterson

Applicant: Clifford H. Fox

Acreage: 3.521 acres

Rezone: R1 Residential to R6 Residential

TMP:   TMP 55-63

By-right use: 1 dwelling unit per acre residential uses, potentially up to five units with bonus/clustering provisions; supporting uses permitted in R-1 such as schools, churches, and clubs by special use permit.


Magisterial District: White Hall

Proffers:    Yes

Proposal:  Single Family subdivision   

Requested # of Dwelling Units:  12, gross density of  3.4 units/acre; net density of 4.26/acre

DA (Development Area):  Community of Crozet

Comp. Plan Designation:  CT 3 Urban Edge in a Hamlet in the Crozet Master Plan

Character of Property:   Rural residential with an existing house

Use of Surrounding Properties:  rural residential, Gray Rock North subdivision

Factors Favorable:   

  1. The rezoning is consistent with the Crozet Master Plan recommendations for density.
  2. The applicant has provided for impacts to public facilities through cash proffers.
  3. The applicant has provided affordable housing consistent with County policy.


Factors Unfavorable:

  1. The applicant has not made proffer commitments to features of the concept plan that has been provided. However, the maximum number of residential units has been proffered.




RECOMMENDATION:  Staff believes the applicant has addressed outstanding issues that led to the Planning Commission’s recommendation for denial. Therefore, staff recommends approval of ZMA 2007-11 with the attached proffers.    






STAFF PERSON:                                                                         REBECCA RAGSDALE

PLANNING COMMISSION:                                                                    January 22, 2008

BOARD OF SUPERVISORS                                                                     March 12, 2008





PROJECT: ZMA 2007 - 00011 Patterson Subdivision

PROPOSAL:  Rezone 3.52 acres from R1 - Residential (1 unit/acre) to R6 - Residential (6 units/acre) to allow for up to 12 dwelling units.


EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY:  Community of Crozet; CT-3 Urban Edge: single family residential (net 3.5-6.5 units/acre) supporting uses such as religious institutions and schools and other small-scale non-residential uses


LOCATION: Between Lanetown Road and Lanetown Way approximately 400 yards from the intersection of Mint Springs Road, Lanetown Road, and Railroad Avenue.

TAX MAP/PARCEL: Tax Map 55, Parcel 63





10/16/07 Planning Commission Public Hearing

A public hearing was held on this rezoning at the Planning Commission on October 16, 2007 and the Commission supported staff’s recommendation for denial of the rezoning and accompanying waivers of curb, gutter, sidewalk, and street tree requirements. This motion for denial included a number of outstanding issues, which will be addressed later in the report.


12/12/07 Board of Supervisors

This item was scheduled for a public hearing at the December 12, 2008 Board of Supervisors meeting.  The applicant submitted a revised concept plan and proffers for this Board hearing following the Commission public hearing on November 9, 2007.  However, based on staff’s recommendation, and subsequently the request of the applicant, the rezoning was referred back to the Planning Commission. This staff report reflects review of the applicant’s revised plan and proffers submitted prior to the Board hearing.




The property is 3.521 acres in size, with an existing house that dates to 1900, and is zoned R1 Residential.  Properties adjacent to the north and west are zoned R1 and are low density residential, similar in character to the Patterson property. To the south and east of the property is the Grayrock north subdivision, which is zoned PRD and developed as single family homes on an average lot size of ¼ acre, approximately 4 dwelling units per acre. (Attachment A-Zoning and Attachment B-Aerial Map)



The current zoning of the property is R1 Residential. R1 zoning allows a density of 0.97 units per acre and minimum lot sizes of 45,000 square feet. Through clustering and bonus density provisions, R1 zoning allows a density of 1.45 units per acre and minimum lot sizes of 20,000 square.  Since the property is 3.521 acres in size, up to 5 dwelling units may be possible if criteria were met for clustering/bonus provisions.



On November 9, 2007, the applicant submitted a revised concept plan, including reduced residential density, and revised proffers.  The concept plan proposes 12 residential lots, served by a public street off Lanetown Way that would end in a cul-de-sac and a future interconnection to the west. The revised concept plan includes elimination of the open space dedication to the County, provides for an interconnection to the properties to the west, and demonstrates workable stormwater management concepts. However, while the applicant has proffered limitations on the number of residential units, the applicant has not proffered the concept plan. The applicant no longer proposes waivers to the Subdivision Ordinance of curb, gutter, sidewalk, and planting strip requirements and intends to provide those features on both sides of the new streets within the proposed development.



Concept Plan

The concept plan submitted was revised from the plan reviewed by the Commission and includes some additional detail. (See insets below and Attachment C and Attachment F)



Concept Plan, 9/10/07                                                                       Revised Concept Plan, 11/9/07



The applicant has indicated that this project would provide a range of housing stock that will include affordable units.




Crozet Master Plan

The property is located within a Neighborhood as defined in the Crozet Master Plan, at the edge of the northwestern edge of the Crozet Development Area. The northern boundary of the Community of Crozet follows Lanetown Road adjacent to this property. (see inset below and Crozet Master Plan Attachment H)




Crozet Master Plan Place Type and Built Infrastructure Map









The applicant had originally proposed up to 14 residential units, which included 10 single family detached units and 4 single family attached (townhouse) units. The staff report provided to the Planning Commission for the October 16, 2007 public hearing mistakenly identified the applicant’s property as being designated CT 3 in a Neighborhood on the Crozet Master Plan (CMP) Place-Type & Built Infrastructure map. However, the property is designated CT3 within a Hamlet. The CMP recommends a maximum net density of up to 4.5 units per acre in Hamlets and does not recommend the provision of up to 6.5 units per acre if accessory apartments added for 50% of the residential stock.


The applicant’s revised proposal limits the number of residential units to 12 with up to four being single family attached and the balance single family detached. The proposed density falls within the guidelines of the Crozet Master Plan for the CT3 Edge designation within the Hamlet Place Type:


Patterson Subdivision



Crozet Master Plan

Patterson Subdivision


Crozet Transect Density


Net Acres




Net Density

CT 3 (Min 3.5, Max 4.5)








Notes: Net acreage is 80% project area.





Minimum and Maximum Crozet Master Plan Suggested Units are determined by multiplying the CT 3 suggested

densities for each CT type. For example, CT 3 Max is equal to 2.82 x 4.5, which equals 13 units.




The CMP also recommends a 10,000 square foot average lot size for Hamlets. The applicant’s proposal includes a range of lot sizes from 7,699 to 10,515 square feet in size with an average lot size of 8,839 square feet. The area in lot development and the average lot size has resulted from the provision of the two separate bio-filter areas to provide on-site stormwater management. Lot size has been a concern of the adjoining neighborhood Grayrock. The Grayrock Homeowners Association has expressed their concerns in the attached letter. (Attachment G) If biofilters were placed on individual lots, this could result in average lot sizes of 10,000 square feet or more per lot; however, it is preferable to have stormwater management facilities such as biofilters outside of lots.


The Green Infrastructure map in the Master Plan reflects open space resources and shows proposed greenways behind neighborhoods, along the ponds in Gray Rock and to Lanetown Road. The intent is to provide access for these neighborhoods to Downtown and other park destinations. (See inset below.)


            Crozet Master Plan Green Infrastructure Map

Text Box: Site



The Green Infrastructure Plan does not show any environmental features or call for open space/greenway provisions on the applicant’s property. The revised concept plan does not propose a recreation area/park of approximately 0.80 acres adjacent to Lanetown Road, which was originally proposed but not supported by County Parks and Recreation.


Neighborhood Model

The Neighborhood Model describes the more "urban" form of development desired for the Development Areas. The following is an assessment of this proposal’s consistency with the Neighborhood Model’s 12 principles:


Pedestrian Orientation

The applicant is now proposes to meet ordinance requirements and all new streets within the development will have 5’ sidewalks on both sides of the street. This principle is met.

Neighborhood Friendly Streets and Paths

New projects within the Development Areas are expected to have curb, gutter, sidewalk, and planting strips as features of streets servicing new development and this is a requirement of the Subdivision Ordinance. The applicant is providing these features so this principle will be met.

Interconnected Streets and Transportation Networks

VDOT recommends that only one entrance be provided to this relatively small property through Lanetown Way, through Gray Rock North and that there be no access through the property to Lanetown Road because of driveway spacing issues on that road. (Attachment E) The revised concept plan now also shows an interconnection to the adjoining properties to the west.  This principle is met.  

Parks and Open Space

The applicant is proposing conventional lots and there are no recreation requirements in the ordinance based on the number of units proposed.  Future greenway trails, eventually planned to connect this part of Crozet to Mint Springs park, which is about a mile from the site, are located near this property, which is the closest park to this property. Future Western Park will be located within Old Trail and is also about a mile from the project site. This principles is met.    

Neighborhood Centers

Downtown Crozet and Old Trail, with its proposed center, appear to be the closest neighborhood centers. This principle is met.

Building and Spaces of Human Scale

The applicant is proposing a residential development under R-6 zoning, which allows a maximum building height of 35 feet and front setbacks of 25’. Typically, shallower setbacks are more in keeping with the Neighborhood Model. Street trees and sidewalks provide a greater sense of enclosure and will be provided.  This principle is met.

Mixture of Uses


Given the Crozet Master Plan designation of CT3, non-residential uses are not expected on this property. This principle is met.

Relegated Parking


The applicant’s concept plan does not demonstrate how parking will be provided and whether garages would be associated with the single family units. There is no information for staff to comment on whether this principle will be met.

Mixture of Housing Types and Affordability

The applicant is proposing 12 residential units and has proffered to meet the Affordable Housing Policy. (Attachment  D) According to the policy, the applicant is expected to provide 15% of the total number of units as affordable, which is 1.8 units in this proposal. The applicant has proffered to provide either 2 affordable units, or one affordable unit and cash-in-lieu for 0.8 unit.  This has been reviewed by the Housing Director and is acceptable. This principle is met.    


The property is redeveloping from rural residential to density in keeping with the Crozet Master Plan and the existing house will be demolished and it has not been identified as a significant historic resource. This principle is met.

Site Planning that Respects Terrain

The site is relatively flat and topography is shown on the aerial exhibit submitted by the applicant. (Attachment B) No conceptual grading has been provided. There is no information for staff to comment on this principle; however, it appears this principle could be met.

Clear Boundaries with the Rural Areas

Lanetown Road delineates the edge of the Rural Areas/Crozet Development Area. This principle is met.


Relationship between the application and the purpose and intent of the requested zoning district


The applicant has requested a rezoning to R6 Residential and the intent of that district in the Ordinance and lot and setback requirements are provided here:


 This district (hereafter referred to as R-6) is to provide a plan implementation zone that:

-Provides for compact, medium-density residential development;

(Amended 9-9-92)

-Permits a variety of housing types; and

-Provides incentives for clustering of development and provision of locational, environmental and developmental amenities.

R-6 districts may be permitted within community and urban area locations recommended for medium-density residential use in the comprehensive plan. (Amended 9-9-92)



The R-4 Zoning district was also discussed with the applicant and has been suggested as more appropriate by neighboring property owners. The intent of the R-4 district is essentially the same as R-6, except that it notes that it is intended to provide for compact, medium density, single family development. However, both districts allow attached units. The applicant is proposing a gross density of 3.4 dwelling units per acre but would like flexibility in lot size so is requesting R6 Zoning, which allows a minimum of 4,840 square feet with bonus/clustering provision.  However, regardless of the zoning district proposed, the applicant has proffered a maximum of 12 units on the property, which limits density.


Considering the particulars of this property, staff believes R-6 Zoning is acceptable and the applicant’s proposal meets the intent of that zoning district. As the applicant is proffering to limit the number of units to 12, it is assured that density will not exceed what could be achieved under R4 Zoning. Staff believes that the size, configuration of the parcel, and number of units makes it unlikely that any other plan could be created, except one with fewer units.


Anticipated impact on public facilities and services


Environmental & Stormwater Management-  

There are no environmental resources on this property that would be impacted by the proposed development. The County Engineer has reviewed the revised concept plan and indicates the open space areas for stormwater management appear to be adequate to meet the ordinance requirements.  This site drains to Lickinghole Basin, and a pro-rated fee will be assessed for the site's water quality.  Water quality BMP's provided on the concept plan appear to be more than required by ordinance.


Streets – The property has access to both Lanetown Road and Lanetown Way, through Gray Rock North. VDOT recommends that only the connection to Lanetown Way be made because the proposed connection to route 684 is less that 200 feet from the closest intersection and that is not a desirable situation. The revised concept plan now provides for an interconnection to the adjoining property to the west. No interconnection to Lanetown Road is provided, in keeping with VDOT’s recommendations.


Schools – Students from this development, which would be expected to generate about 6 students, would impact Crozet area schools and likely attend Crozet Elementary School, Henley Middle School and Western Albemarle High School. Cash impacts are intended to provide for impacts to schools.


Fire, Rescue, Police – The Crozet Volunteer Fire Station and the Western Albemarle Rescue Station provide fire and rescue services to the area.  The planned Ivy Area Station will also augment services provide by the two existing fire and rescue stations Crozet.  The service objective of the Community Facilities Plan is to achieve an average response time (how long it takes once the call is dispatched from ECC until a fire apparatus arrives on scene) to fire emergency calls of five minutes or less in the Development Areas and an average response time to rescue emergency calls of four minutes or less in the Development Areas.


Albemarle County Fifth Street Office Building contains the County’s Police Department, although police patrol all areas of the County. The service objective of the Community Facilities Plan is to achieve an average response time of five minutes or less to all emergency calls 85 percent of the time in the designated Development Areas. This achieved through their sector/beat system. Police satellite offices are recommended within a service sector to help achieve these desired response times to all police emergency calls and there is a small police office located within The Meadows Community Building, although not staffed at all times. The possibility of an additional fire/rescue/police station is under consideration for the area in 2012.


Utilities – This property is in the Albemarle County Service Authority’s jurisdictional area for water and sewer service. There is an 8 inch water in Lanetown Way approximately 25’ from the property. Fire flow from the nearest public hydrant, located 30’ away is 3,030 gpm +/- at 20 psi residual. An 8 inch sewer line is located approximately 135’ distant. Offsite sewer plans and easements will be required.



Anticipated impact on cultural and historic resources

Existing structures on the property would be demolished with this proposal and the existing structure on the property has not been determined significant.


Anticipated impact on nearby and surrounding properties

Neighbors within the adjoining Grayrock North development have expressed concerns about this proposal changing the character of the area and also about Lanetown Way serving as access to it. In the Development Areas, however, development is expected and this property is designated CT3 in the Crozet Master Plan.  


Public need and justification for the change

The change in zoning is consistent with the CT3 designation of the Land Use Plan and would provide for residential capacity in a Development Area.



The applicant has attempted to address outstanding issues that led to the Commission’s recommendation for denial of the rezoning at the October 16, 2007 Public Hearing. Each issue is noted below with staff comments on how the applicant has responded to that item in bold italics.


Cash Proffers-$3,000 per market rate unit proffered.  There were 10 market rate units proposed and the Board’s expectation for single family detached (SFD) units to offset their impacts to public facilities is $17,500 per unit.   The applicant has now provided cash proffers, meeting County policy guidelines, to address impacts to public facilities.


Affordable Housing Proffer- It was unclear in the proffers the number of units being proffered. The applicant has now provided for affordable housing in the proffers using standard language and meeting County policy.


Affordable Accessory Units Proffers- This proffer was unclear and did not define accessory units. The applicant had proffered that half of the SFD units proposed, or a total of 5, would have affordable accessory units. The applicant is no longer proposing accessory units and has eliminated this proffer.


Open Space Dedication to the County- The applicant proposed to proffer approximately 0.80 acres of open space, adjacent to Lanetown Road, to the County for parks and recreation purposes. The dedication was not desired by Parks & Recreation and there is no park shown for this property in the Crozet Master Plan. The applicant is no longer proposing an open space/park dedication to the County and has eliminated this proffer.


Concept Plan- The applicant had not made proffer commitments to features of the concept plan that had been provided. However, the maximum number of residential units and provision of open space were proffered. The applicant has not proffered the concept plan but has still provided a proffer limiting the number of dwelling units on the property to no more than 12.


Some Commissioners noted the following additional reasons for not supporting the project in discussion:



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

§                     This proposal was not right for this area and there were concerns about the density of this project at this location in Crozet. The applicant has reduced the total number of proposed units from 14 to 12 since the Planning Commission public hearing.

§                     The applicant did not provide acceptable submittal materials with sufficient information on the concept plan. The applicant has provided a revised concept plan that includes additional information.

§                     There were infrastructure concerns, including sufficient water capacity.  School capacity issues were also a concern, with students recently moved from Crozet to Brownsville Elementary School.   Storm water and erosion was cited as a problem in Gray Rock and this project did not include workable stormwater concepts.  The ACSA has not indicated capacity concerns.  The applicant has provided cash proffers to address impacts to schools. The applicant has provided workable on-site stormwater provisions that exceed ordinance requirements.





Staff has identified the following factors favorable to this rezoning and special use permits requested:

1.                              The rezoning is consistent with the Crozet Master Plan recommendations for density.

2.                              The applicant has provided for impacts to public facilities through cash proffers.

3.                              The applicant has provided affordable housing consistent with County policy.


Staff has identified factors unfavorable to this request:

1.                     The applicant has not made proffer commitments to features of the concept plan that has been provided. However, the maximum number of residential units has been proffered.



Staff believes the applicant has addressed outstanding issues that led to the Planning Commission’s recommendation for denial. Therefore, staff recommends approval of ZMA 2007-11 with the attached proffers.






A.              Zoning Map

B.            Aerial Map

C.             Concept Plan, dated 11/9/07

D.             Proffers,  dated and December 1, 2007

E.              VDOT comments

F.               Concept Plan, dated 9/10/07

G.              Grayrock Homeowners Association letter, dated  

H.               Crozet Master Plan Place Type & Built Infrastructure Map

Return to exec summary