CITY OF CHARLOTTESVILLE DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT SERVICES STAFF REPORT APPLICATION FOR A SPECIAL USE PERMIT

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1 CITY OF CHARLOTTESVILLE DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT SERVICES STAFF REPORT APPLICATION FOR A SPECIAL USE PERMIT PLANNING COMMISSION AND CITY COUNCIL JOINT PUBLIC HEARING DATE OF HEARING: May 12, 2009 APPLICATION NUMBER: SP Project Information Project Planner: Ebony Walden, Neighborhood Planner Applicant: Virginia Delta Upsilon Alumni Association, Inc. Applicant s Representative: Tommy Everett Applicable City Code Provisions: through (Special Use Permits), through (Site Plans), (Landscape Plans), Section Use Matrix Application Information Property Street Address: 135 Madison Lane Tax Map/Parcel #: 9 / 148 Total Square Footage/Acreage Site: 9,996 sf / 0.23 acres Comprehensive Plan (Land Use Plan) Designation: Multifamily Current Zoning Classification: R-3H: Multifamily Residential with ADC District overlay. Tax Status: No delinquent taxes Applicant s Request: Tommy Everett of Virginia Delta Upsilon Alumni Association, Inc. seeks a Special Use Permit to allow a 16-bedroom fraternity house at 135 Madison Lane. This property is further identified on City Real Property Tax Map 9 as parcel 148, having approximately 80 feet of frontage on Madison Lane and 80 feet of frontage on Wiskey Alley, and containing approximately 9,996 square feet of land or 0.23 acres. The applicant wishes to replace the 11-unit apartment building currently on the site with a new fraternity house designed to meet the needs of the Delta Upsilon Fraternity. Fraternity houses are allowed by special permit in R-3 zones.

2 Vicinity Map: Executive Summary: EXISTING CONDITIONS: The existing 11-unit apartment building was constructed in 1959, with an approximate residential density of 48 units per acre. The site currently provides six parking spaces in the front of the building and six in the rear, for a total of 12 spaces. The existing building has a footprint of 3,114 sf, or 31.2% of the site. Impervious surface, including pavement and gravel covers an additional 43% of the site. There are no sidewalks, and no handicapped parking is provided. APPLICANT S REQUEST: This special permit application was received on March 24, The preliminary site plan, accompanying the special permit application, shows a new building with a footprint of 2,618 sf or 26% of the site. The total impervious surface is reduced by 1060 sf. The site plan provides 6 regular parking spaces, along with one handicapped parking space. A sidewalk is provided along Madison Lane, along with a pedestrian connection from Madison Lane to the rear alley. A concrete plaza is provided in front of the building along Madison Lane. Staff recommends approval, subject to PC approval of the preliminary site plan, and BAR approval of a Certificate of Appropriateness for new construction. Standard of Review: The Planning Commission must make an advisory recommendation to the City Council concerning approval or disapproval of a special permit or special use permit for the proposed development based upon review of the site plan for the proposed development and upon the criteria set forth. 2

3 Section of the City Code sets the general standards of issuance for a special use permit. (a) In considering an application for a special use permit, the city council shall consider the following factors: (1) Whether the proposed use or development will be harmonious with existing patterns of use and development within the neighborhood; (2) Whether the proposed use or development and associated public facilities will substantially conform to the city's comprehensive plan; (3) Whether proposed use or development of any buildings or structures will comply with all applicable building code regulations; (4) Whether the proposed use or development will have any potentially adverse impacts on the surrounding neighborhood, or the community in general; and if so, whether there are any reasonable conditions of approval that would satisfactorily mitigate such impacts. Potential adverse impacts to be considered include, but are not necessarily limited to, the following: a) Traffic or parking congestion; b) Noise, lights, dust, odor, fumes, vibration, and other factors which adversely affect the natural environment; c) Displacement of existing residents or businesses; d) Discouragement of economic development activities that may provide desirable employment or enlarge the tax base; e) Undue density of population or intensity of use in relation to the community facilities existing or available; f) Reduction in the availability of affordable housing in the neighborhood; g) Impact on school population and facilities; h) Destruction of or encroachment upon conservation or historic districts; and, i) Conformity with federal, state and local laws, as demonstrated and certified by the applicant j) Massing and scale of project; (5) Whether the proposed use or development will be in harmony with the purposes of the specific zoning district in which it will be placed; and (6) Whether the proposed use or development will meet applicable general and specific standards set forth within the zoning ordinance, subdivision regulations, or other city ordinances or regulations. (7) When the property that is the subject of the application for a special use permit is within a design control district, city council shall refer the application to the BAR or ERB, as may be applicable, for recommendations as to whether the proposed use will have an adverse impact on the district, and for recommendations as to reasonable conditions which, if imposed, that would mitigate any such impacts. The BAR or ERB, as applicable, shall return a written report of its recommendations to the city council. (b) Any resolution adopted by city council to grant a special use permit shall set forth any reasonable conditions which apply to the approval. 3

4 City Council may grant an applicant a special permit or special use permit, provided that the applicant s request is in harmony with the purposes and standards stated in the zoning ordinance (Sec (a)(1)). Council may attach such conditions to its approval, as it deems necessary to bring the plan of development into conformity with the purposes and standards of the comprehensive plan and zoning ordinance. In reviewing an application for a special use permit, the City Council may expand, modify, reduce or otherwise grant exceptions to yard regulations, standards for higher density, parking standards, and time limitations, provided: (1) Such modification or exception will be in harmony with the purposes and intent of the zoning district regulations under which such special use permit is being sought; (2) Such modification or exception is necessary or desirable in view of the particular nature, circumstances, location or situation of the proposed use; and (3) No such modification or exception shall be authorized to allow a use that is not otherwise allowed by this ordinance within the zoning district in which the subject property is situated. The Planning Commission may include comments or recommendations regarding the advisability or effect of the modifications or exceptions. The resolution adopted by Council shall set forth the approved modifications or exceptions. Background: (Relevant Code Section) Section R-3 zoning designation consists of medium-density residential areas in which medium-density residential developments, including multifamily uses, are encouraged. Density Section Use Matrix allows residential developments with a density of 1-21 DUA by right, and dwelling units with a density of DUA by special use permit in the R-3 Multifamily Residential District. Overall Analysis: 1. Proposed Use of the Property. The proposed use is a 16-bedroom fraternity house, with a 7-space parking area along the rear alley. The proposed building has a height of The proposed residential density is 70 bedrooms per acre. This is equivalent to an apartment building with a residential density of 18 DUA, according to a maximum of four bedrooms per unit. The residential density is therefore less than is allowed by right for a multifamily development in an R-3 zoning district. 2. Zoning History The property in question was annexed by the City in It was zoned Residential 1 at the time zoning was first introduced. In 1949 it was zoned A-1 Residential. The property has been zoned R-3 since The property was included in the Parking Exempt Area when that ordinance was created in The property was included in The Corner ADC District when the overlay district was adopted in The existing building is listed as a non-contributing resource. 4

5 3. Character and Use of Adjacent Properties Direction Use Zoning North Duplex R-3H South Student apartments and fraternity houses R-3H East Single-Family R-3H West Office Building R-3, R-3H 4. Reasonableness/Appropriateness of Current Zoning The current R-3 zoning is reasonable and appropriate because of the proximity of the site to the University of Virginia and other multifamily housing. The current zoning has been in place since Reasonableness/Appropriateness of Proposed Zoning The request for a Special Use Permit to allow a 16-bedroom fraternity is reasonable and appropriate on this site. Density is encouraged in this area due to its proximity to the UVa grounds. Since its development, this neighborhood has continuously provided dense student housing. The area is well served by public transportation and recreational amenities offered by the University. The height and residential density of the proposed building are consistent with the surrounding uses. Madison Lane is dominated by fraternity and sorority houses, and bounded by student apartments and University offices. 6. Consistency with Comprehensive Plan The addition of a fraternity house at this location is consistent with the Land Use chapter of the Comprehensive Plan, which calls for multifamily housing in this area (p. 92, Future Land Use Map). 7. Potential Uses of the Property (By-Right) By-right uses in R-3 Residential Multifamily include: multifamily, single-family detached dwellings, single-family attached dwellings, townhouses, two-family dwellings, bed-and-breakfasts, convents and monasteries, houses of worship, health clinics, educational facilities, and libraries, among others. Project Review 1. Harmonious with existing patterns of use and development within the neighborhood The pattern of development in the neighborhood is characterized by dense student housing, particularly fraternities, sororities and two-to-four-story student apartment buildings. The neighborhood is also home to a number of academic buildings, offices, churches and other institutional buildings. Recent development in the neighborhood includes GrandMarc, the V, Sadler Court, CVS, Watson Manor, Martha Jefferson House Expansion, and significant new construction in UVa s Arts Grounds. The proposed use of the site as a fraternity house is harmonious with the existing pattern of use and recent development trends in the neighborhood. 5

6 2. Conformity with comprehensive plan and policies The addition of a fraternity house at this location is consistent with the Land Use chapter of the Comprehensive Plan, which calls for multifamily housing in this area (p. 92, Future Land Use Map). 3. Building code regulations The proposed development will conform to all applicable building code regulations. The City s Building Code Official has provided comments to the applicant, stating that the development must comply with the Fair Housing Act and provide adequate accessible egress. 4. Impact on the neighborhood a. Traffic or parking congestion. Traffic congestion: The applicant has not provided the estimated occupancy of the proposed fraternity house. Because the number of bedrooms on the property will increase from 11 to 16, the proposed use will likely increase the traffic burden on nearby streets. Parking congestion: The new development will reduce the number of parking spaces on site from 12 to 7. It is likely that the residents of the fraternity will require more parking spaces than are proposed, potentially adding to the onstreet parking burden in the neighborhood. Currently, the residents of Delta Upsilon Fraternity, located at 180 Rugby Road, park in University parking lots, in on-street parking, or beside the fraternity house. New development on this site is exempt from any parking requirements, however, as it is located in the Parking Exempt Area. See proposed conditions in section 5(a) below. b. Noise, light, dust, odor fumes, vibrations, and other factors, which adversely affect the natural environment, including quality of life of the surrounding community. Based on the records of City property maintenance staff, it is likely that the proposed fraternity house will generate accumulations of trash and other property maintenance issues. The University of Virginia funds one property maintenance inspector position, in order to address the frequent property maintenance violations that occur at fraternities and student rental properties. This inspector works closely with the UVa Office of the Dean of Students/ Fraternity & Sorority Life. It is very difficult, however, for the City property maintenance office to contact the owner of a fraternity property to quickly and adequately resolve property maintenance violations when they occur. Because fraternity buildings are often owned by national organizations with offices outside of the state, there is often no local representative who can resolve property maintenance violations and bring the property into compliance with local regulations. See proposed conditions in sections 5(b) and 5(c) below. The Inter-fraternal Council, on which Delta Upsilon Fraternity is represented, operates a party patrol to address noise limitations and other conduct issues. The 6

7 University and Charlottesville police also patrol the neighborhood regularly during events and party weekends to monitor and guard against noise violations. c. Displacement of existing residents or businesses; The existing apartments are rented by students on an annual basis. No permanent residents will be displaced. d. Discouragement of economic development activities that may provide desirable employment or enlarge the tax base; The proposed use will not discourage economic development activities. e. Undue density of population or intensity of use in relation to the community facilities existing or available; The proposed use does not add significantly to the density on the site, such as to place an undue burden on community facilities. f. Reduction in the availability of affordable housing which will meet the current and future needs of the city; Staff agrees with the applicant s response that the availability of affordable housing will not be adversely impacted, because both the existing and proposed uses provide housing for university students. g. Impact on school population and facilities; No impact h. Destruction of or encroachment upon conservation or historic districts; and The BAR at its meeting on recommended that the proposed Special Use Permit to allow a fraternity at 135 Madison Lane in a proposed new building will not have any adverse impacts on the Corner ADC District because the proposed new building is subject to BAR design review. i. Conformity with federal, state and local laws The proposed use will comply with federal, state and local laws. j. Massing and scale of the project The massing and scale of the proposed building are similar to those of adjacent residential buildings and conform to the regulations for the zoning district. 5. Reasonable conditions of approval that would satisfactorily mitigate impact on the surrounding neighborhood a. To mitigate the impact on on-street parking and to encourage alternative means of transportation staff recommends that approval be conditioned on the provision of a bike rack to accommodate at least four bicycles. b. To mitigate the impact of potential trash accumulations caused by the proposed use staff recommends that approval be conditioned on the provision of an enclosure for the fraternity s trash receptacles. The trash receptacles should be completely screened 7

8 from view from the street or alley by an enclosure with a minimum height of one foot taller than the trash receptacles. c. To facilitate the resolution of potential property maintenance violations staff recommends that approval be conditioned on the property owner providing the City s property maintenance staff with the contact information of a local representative. The representative shall be responsible for addressing property maintenance violations identified by City staff. The representative s contact information must be updated on an annual basis, for as long as the Special Use Permit is in effect. 6. Requested exceptions and modifications. None requested Attachments: Site Plan Applicant Narrative Supplemental Information Packet Public Comments Received: One member of the public, representing Westminster Presbyterian Church, attended the Preliminary Site Plan Conference. He stated his concern about the impact of new development on parking in the area. Staff Recommendation Staff recommends approval, subject to PC approval of the Preliminary Site Plan, and final BAR approval of a Certificate of Appropriateness for new construction. This recommendation is based on the above analysis of the impacts of the proposed use, its conformity with the Comprehensive Plan and its harmony with the pattern of adjacent uses. Suggested Motions: 1. I move to recommend the approval of this Special Use Permit application SP with the following conditions, exceptions and/or modifications: a) The provision of a bike rack to accommodate at least four bicycles. b) The provision of an enclosure for trash receptacles. The trash receptacles should be completely screened from view from the street or alley by an enclosure with a minimum height of one foot taller than the trash receptacles. c) The property owner providing to the City s property maintenance office the contact information of a local representative. The representative shall be responsible for addressing property maintenance issues and violations identified by City staff. The representative s contact information must be updated on an annual basis, for as long as the Special Use Permit is in effect. 8

9 On the basis that the proposal would serve the interests of the general public welfare and good zoning practice 2. I move to recommend denial of this Special Use Permit application SP on the basis that the proposal would not serve the intent of the general public welfare due to the following: a) b) c) 9