COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY

COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: Planning Commission Public Hearing: September 27, 2011 Owner(s): Clifford H. Fox, Jr. and Ruth Johnson Estes Estate Acreage: 12.75 acres TMP: TMPs 032000000003300 and 03200000003400 Location: in the southwestern quadrant of Proffit Road (Rt. 649) and Worth Crossing/Leake Lane, approximately 800 feet south of Proffit Road in the Community of Hollymead. (Attachment A) Magisterial District: Rivanna Proposal: Applicant proposes to construct 68 singlefamily detached units, in a pedestrian-friendly layout and with 25% open space that includes the stream on the property. (Attachment B) DA (Development Area): Hollymead Community Character of Property: The property currently has one older residence and outbuildings on it. The gently rolling terrain includes a stream with steep slopes running from the northwest to the southeast across both parcels. Factors Favorable: 1. The project would result in a neighborhood of 68 residences close to major employers expected to add jobs in the future and within walking distance of retail and services. 2. This development will be single-family detached homes at a density and scale compatible with surrounding neighborhoods that adds another type of housing to the mix of duplexes and townhouses available in the immediate area. 3. The project s road network has been designed to interconnect with roads on other nearby properties as they develop. 4. The project s design preserves the main section of the stream that flows diagonally through the center of the two parcels. The stream will become an amenity in the open space area. 5. Approval of the Critical Slopes Waiver will enable the developer to make the most efficient use of the property while preserving the stream. Staff: Judith C. Wiegand, AICP Board of Supervisors Public Hearing: Not scheduled Applicant: Scott Collins, PE, Collins Engineering, representing the owners. Rezone from: R-1, Residential, which allows 1 unit per acre to Planned Residential Development (PRD), which allows residential uses (3 34 units/acre) with limited commercial uses. By-right use: 12 residential units and up to 18 units with density bonus. Proffers: Yes Requested # of Dwelling Units: 68 Places29 Master Plan Designation: Urban Density Residential (6.01-34 units/acre) in the Hollymead Development Area. Use of Surrounding Properties: The property to the north is residential with two churches and a daycare facility, property to the east is the Forest Ridge neighborhood, property to the west is the Worth Crossing townhouses, and to the south is the Dominion Power substation. Factors Unfavorable: 1. The method used by the applicant to calculate the number of units on which the number of units on which the cash proffer for capital improvements will be paid does not follow the method stipulated in the Cash Proffer Policy of the Comprehensive Plan. 2. Additional minor changes need to be made in the wording of the proffers and on the application plan, as listed under Recommendation at the end of this report. RECOMMENDATION: Staff recommends approval of this rezoning provided certain changes are made in the application plan and proffers, as listed under Recommendation at the end of this report. Staff recommends approval of the Critical Slopes Waiver. Staff Report, Page 1

STAFF PERSON: Judith C. Wiegand, AICP PLANNING COMMISSION: August 23, 2011 September 27, 2011 Critical Slopes Waiver UPDATE: This report has been updated to the applicant s response to issues raised by the Commission at the August 23, 2011 public hearing. New information is provided in underlined type. PETITION PROJECT: ZMA 201000011, Estes Park PROPOSAL: Rezone 12.75 acres from R-1, Residential zoning district which allows 1 unit/acre to PRD, Planned Residential Development zoning district which allows residential (3 34 units/acre) with limited commercial uses. Proposed number of units is 68 for a density of 5.33 units/acre. PROFFERS: Yes EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Urban Density Residential residential (6.01 34 units/ acre); supporting uses such as religious institutions, schools, commercial, office and service uses. ENTRANCE CORRIDOR: No LOCATION: in the southeast quadrant of the intersection of Proffit Road (Rt. 649) and Worth Crossing, approximately 800 feet south of Proffit Road in the Community of Hollymead. TAX MAP/PARCEL: TMP 03200000003300 and TMP 03200000003400 MAGISTERIAL DISTRICT: Rivanna CHARACTER OF THE AREA The two subject parcels are located in the southeastern quadrant of Proffit Road and Worth Crossing/ Leake Lane. The property does not have frontage on any of the major streets in the area (i.e., Worth Crossing, Proffit Road). The property currently has a residence and several outbuildings on TMP 33-34. The property is bounded to the north by several parcels zoned R-1, Residential and occupied by a single residence (TMP 32-35), two churches (TMP 32-36G/32-36E and TMP 32-29D), a daycare facility (TMP 46B4-5), and a metal storage building (TMP 46B4-5A). The property to the west is zoned R-15, Residential and is the location of the Worth Crossing townhouses. The property to the south is owned by Dominion Virginia Power and is the site of a substation. The neighborhood to the east, Forest Ridge, is zoned R-10, Residential and consists of 44 duplex residential units. A major issue in the area has been the creation of a street network sufficient to serve both existing and proposed developments on all of the parcels in this area. SPECIFICS OF THE PROPOSAL The applicant would like to develop a pedestrian-friendly, single-family detached neighborhood of 68 homes, with a street network, an interconnection to Moubry Lane, and 25% open space. The proposed density is 5.3 units per acre. A Project Narrative prepared by the applicant is included as Attachment C. Update: As recommended by the Commission, the applicant has eliminated the public road connection to Moubry Lane. A 20 foot wide pedestrian, bike and emergency access has provided instead of the public road access. APPLICANT S JUSTIFICATION FOR THE REQUEST Staff Report, Page 2

The applicant explained in the Project Narrative that the Estes Park rezoning would create a new single family housing option in a pedestrian-friendly design within walking distance of commercial uses and other amenities. Rezoning the property from R-1, Residential to Planned Residential Development (PRD) would allow construction of 68 single family homes at a density of 5.3 units per acre, which would be complimentary to the surrounding area and more in agreement with the Places29 Master Plan land use designation of Urban Density Residential (the current R-1 zoning would permit a maximum of 18 units with a density bonus). The applicant also indicates that Neighborhood Model principles were considered in the design of the project, including pedestrian orientation, interconnected streets, provision of open space, walkability, human-scale development, and coordination with surrounding development. (Attachment C) PLANNING AND ZONING HISTORY The property has been zoned R-1, Residential since the County s comprehensive rezoning was adopted in December 1980. Prior to 1980, the property was zoned agricultural. COMPREHENSIVE PLAN Places29 Master Plan: The Master Plan recommends Urban Density Residential land uses for the two parcels subject to this rezoning, as well as for much of the surrounding area. The two parcels subject to this rezoning are within the red circle on the excerpt from the Master Plan shown below. The orange color denotes Urban Density Residential. The primary land uses expected in this designation are multifamily and single-family residential, including two or more housing types. Since the proposed Estes Park development of single-family detached homes would be surrounded by townhouses and duplexes, this proposal meets the recommendations of the Master Plan. (Note: North is at the top of this illustration and the one below it.) Proffit Road Worth Crossing US 29 Parks and Green Systems Map: As shown in the excerpt from the Places29 Parks & Green Systems Map below, there are only a few, small areas of critical slopes on the two parcels subject to this rezoning (circled in red). The lower portion of the stream through the center of the two parcels is also shown. Staff Report, Page 3

The dashed purple line running along Worth Crossing denotes a proposed bike lane. The dashed orange line running along Proffit Road denotes a proposed multi-use path. Neither of these lanes/paths will affect the Estes Park property directly, although they will, when built, provide amenities for the residents of the proposed development. Proffit Road Worth Crossing US 29 The Neighborhood Model: Staff s analysis below indicates how well the proposed development meets the 12 principles of the Neighborhood Model. Pedestrian Orientation Neighborhood Friendly Streets and Paths Interconnected Streets and Transportation Networks The application plan shows sidewalks on both sides of all streets in the proposed development. There is a short segment of asphalt sidewalk on Worth Crossing directly in front of the Worth Crossing townhouses, but there is no sidewalk on Worth Crossing north of the proposed entrance to Estes Park. The sidewalk shown on the south side of Road B could be connected to the asphalt path, while the sidewalk on the north side of Road B could be connected to a future sidewalk on Worth Crossing north of the entrance. If the sidewalk on the north side of Road C is shown all the way to the corner of Moubry Lane, this This principle has been met. Sidewalks and paths have been provided for adequately. The streets are generally neighborhood-friendly, except that they are too narrow to accommodate onstreet parking on both sides of the street. Staff is concerned that, with the small lot size, conflicts may occur if parking is limited to one side of the street. If onstreet parking was available on both sides of the street, this principle would be met. (for further discussion, see Streets in the Staff Comments section below) Parking will now be provided on both side of the road this principal has been met. The Plan shows a main entrance from Worth Crossing and a secondary one through Moubry Lane. There is also a stub-out to the south that could be connected if the adjacent property ever develops. The road network is excellent; it provides the connection between Worth Crossing and Moubry Lane without creating a road that could be used as a speedway. This principle is met. Staff Report, Page 4

Parks and Open Space Neighborhood Centers Buildings and Spaces of Human Scale Relegated Parking Mixture of Uses Mixture of Housing Types and Affordability Redevelopment Site Planning that Respects Terrain Clear Boundaries with the Rural Areas The applicant has maintained 25% open space and incorporated the longest stretch of the existing stream into the open space. Staff believes that if a recreational amenity, such as a tot lot or picnic area is included, this principle will be met. A tot lot will be provided (additional notes need on application plan) this principle has been met. The proposed development and the area around it are intended to be residential to support nearby centers. The nearest center is on the west side of Worth Crossing; residents of the proposed development will be able to walk to a major grocery store and several other shops and businesses. This principle is met. The proposed neighborhood would include 68 single-family homes that are arranged in a compact block pattern. The maximum building height would be 35 feet. When the homes are designed, staff would like to see the garages deemphasized by placing them so they are no closer to the street than the front of the homes. This principle is met. Two offstreet parking spaces have been provided for each residence; one is in the garage and other is in the driveway in front of the garage. County regulations require two offstreet spaces for single-family detached dwellings (Section 4.22 definition of Single Family Dwelling, and Section 19.10). So, the proposed development meets County parking requirements. However, the parking will not be relegated unless the front of the garages are either flush with the front of the house or, preferably, recessed so the emphasis is on the front of the house rather than the garage. Until the designs for the houses have been developed, staff cannot determine if this principle is met. The proposed single-family neighborhood has a duplex neighborhood and a townhouse development adjacent to it. Two churches and a daycare are also nearby. With the shopping center on the west side of Worth Crossing, the mixture of uses in this area is excellent; this principle is met. When considered together with the adjacent townhomes and duplexes, there is a good mixture of housing types in this area. No information has been provided on eventual sales prices for the homes in the development, although they have been described to staff as midpriced. The applicant proposes, with the agreement of the Office of Housing, to provide cash in lieu of affordable housing units. As noted in the discussion of proffers below, the method used to calculate the number of affordable units does not comply with the requirements of the Affordable Housing Policy of the Comprehensive Plan; this principle is not met. There is one residence and several outbuildings on one of the parcels. These structures will be demolished in order to construct the development. The applicant has documented the buildings in advance of demolition, as requested by staff. This principle is met. The open space has been configured to include the stream and protect the wetlands. There is only one small area of 2:1 slopes on the site and the applicant has applied for a critical slopes waiver (See below). No retaining walls are proposed. This principle is met. This project is not located adjacent to the boundary with the Rural Areas so this principle is not relevant. Staff Report, Page 5

Economic Vitality Action Plan The primary goal of the County s Economic Vitality Action Plan is to: Increase the County s economic vitality and future revenues through economic development by expanding the commercial tax base and supporting the creation of quality jobs for local residents. This Plan is developed for the benefit and economic well being, first, of current local residents and existing local businesses. The proposed Estes Park development would support the Plan by providing housing for employees of existing and potential businesses in the County, particularly in an area of the county where employment growth is expect to occur. Staff believes that this proposal is consistent with the goals and objectives of the Economic Vitality Action Plan. STAFF COMMENT Relationship between the application and the purpose and intent of the requested zoning district: The following section is an excerpt from the Zoning Ordinance: PRD districts may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for PD districts in sections 8.0 and 33.0, and with densities and in locations in accordance with the comprehensive plan. The PRD is intended to encourage sensitivity toward the natural characteristics of the site and toward impact on the surrounding area in land development. More specifically, the PRD is intended to promote economical and efficient land use, an improved level of amenities, appropriate and harmonious physical development, and creative design consistent with the best interest of the county and the area in which it is located. To these ends, the PRD provides for flexibility and variety of development for residential purposes and uses ancillary thereto. Open space may serve such varied uses as recreation, protection of areas sensitive to development, buffering between dissimilar uses and preservation of agricultural activity. While a PRD approach is recommended for developments of any density, it is recommended but not required that the PRD be employed in areas where the comprehensive plan recommends densities in excess of fifteen (15) dwelling units per acre, in recognition that development at such densities generally requires careful planning with respect to impact. (Amended 8-14-85) The proposed Estes Park development complies with the requirements of section 8 of the zoning code; it will be under unified control, will include an application plan, and will provide, operate, and maintain common areas for the residents of the development. Estes Park is proposed for an area designated Urban Density Residential (6.01-34 units per acre) in the Places29 Master Plan. While the proposed density in Estes Park is 5.33 units per acre, slightly less than the minimum, the development will be single-family detached homes on smaller lots, an appropriate residential alternative to the townhomes and duplexes nearby. Staff Report, Page 6

The applicant has incorporated the stream into the 25% open space required for a PRD development and has used it as an amenity on the site. The applicant has worked with the neighbors and County staff to minimize impacts on surrounding developments and neighborhoods. As an example, the applicant has proffered construction of a sidewalk and planting strip on one side of Moubry Lane as a means of traffic calming and to provide safer walking places for all residents of the area. Also, the cul-de-sac will be removed in a way that is sensitive to the grades of that part of Forest Ridge and the close proximity of homes in that development. The proposed 68 units represent a significantly more efficient and economical use of the land than the 12 units (18 with density bonus) that would be possible under the current R-1, Residential zoning. The applicants are proposing a road network that will not only serve the Estes Park development, but will also tie into the surrounding developments and create the foundation of a street network that will ultimately serve the entire southeastern quadrant of the Proffit Road and Worth Crossing/Leake Lane area. Staff believes that the proposal meets the intent of the Planned Residential Development (PRD) district. Public need and justification for the change: The County is experiencing additional employment growth in the Places29 area as the Rivanna Station Military Base expands and the University of Virginia Research Park continues to add businesses. Providing housing for employees and their families in reasonable proximity to these jobs is an important County goal. Rezoning the property so that additional units can be constructed in a design that follows the principles of the Neighborhood Model will help ensure that additional homes in a housing type not yet found in this immediate area will be built. Impact on Environmental, Cultural, and Historic Resources: The applicant has designed the development so that the main portion of the stream that runs through the center of the parcels remains in the open space area; it will be a natural amenity. The house and outbuildings currently on one of the parcels (TMP 32-34) will be demolished. They have been documented by the Historic Preservation Committee prior to their demolition. The Estes Family cemetery is located in the southwest corner of the site. It is currently very overgrown and most of the graves are unmarked. The Historic Preservation Committee has viewed the site and an expert in old cemeteries has indicated that the boundaries shown on the application plan reflect the edges of the cemetery. Staff has requested that the applicant charge the proposed homeowners association with fencing and maintaining the cemetery. Anticipated impact on public facilities and services: Streets: VDOT has indicated that: While two offstreet parking spaces per unit meet VDOT requirements so that the proposed development could be designed with parking on only one side of the street, VDOT would prefer that the streets be designed for parking on both sides. Otherwise, one side of each street will need to be posted with No Parking signs. VDOT has expressed concern that, since the two offstreet spaces are one behind the other (one is in the garage), some residents may choose not to use one or the other of their offstreet spaces. This might mean more cars parked onstreet, might lead to parking in restricted areas, and could result in residents complaints or parking conflicts if a resident s home was located on the wrong side of the street. Onstreet parking by residents would also cut down on the number of spaces for guest parking or for the third (or subsequent) car belonging to a household. Staff Report, Page 7

Update: Parking will now be provided on both sides of the public roads. This issue has been addressed According to the traffic analysis provided by the applicant, a left turn lane from Proffit Road into Moubry Lane is not warranted at this time, but it is very close. Future background traffic growth on Proffit Road could warrant a left turn lane into Moubry Lane. The construction of a left turn lane appears to require acquisition of right-of-way from adjacent parcels to accommodate the widening necessary for the left turn lane. (See Attachment D) Staff agrees with VDOT s recommendation that the streets be widened enough to allow parking on both sides of the street. Schools: Students living in the proposed Estes Park development will attend Baker-Butler Elementary, Sutherland Middle, and Albemarle High schools. Fire and Rescue: The Hollymead Fire/Rescue Station on Airport Road is the nearest station. Utilities: RWSA and ACSA have provided comments on the proposed Estes Park development. Water and sewer are available at the site and no problems with provision of them are known. (See Attachments F and G) The County s Cash Proffer Policy states that: It is the policy of the County to require that the owner of property that is rezoned for residential uses to provide cash proffers equivalent to the proportional value of the public facilities deemed necessary to serve the proposed development on the property. Accordingly, the Board will accept cash proffers for rezoning requests that permit residential uses in accordance with this policy. However, the Board may also accept cash, land or in-kind improvements in accordance with County and State law to address the impacts of the rezoning. This would mean that 68 single-family detached homes at $19,100 per unit would result in a total of $1,298,800 minus the credit for the Sidewalk Expense. Anticipated impact on nearby and surrounding properties: The primary impact anticipated on surrounding properties is an increase in traffic. The proposed 68 units are expected to generate approximately 729 trips per day, according to the traffic impact assessment prepared by the applicant. These trips are not expected to cause adverse impacts on traffic operations at the site entrance along Worth Crossing. or at the Moubry Lane/Proffit Road intersection. The traffic study also evaluated whether a turn lane from Proffit Road into Moubry Lane was warranted by the additional traffic from Estes Park. Construction of a left turn lane is not warranted. VDOT has indicated, though, that the left turn lane may be necessary as background traffic increases and/or additional development takes place in the area. The design of the interconnection from Estes Park to Moubry Lane, as shown on the application plan, meets both VDOT and County requirements. The design includes lowering the surface of the road at the cul-de-sac, removing those parts of the cul-de-sac that will no longer be part of the road, lengthening affected driveways, and returning the surplus portions of the cul-de-sac to adjacent property owners. Staff Report, Page 8

Residents of the Forest Ridge neighborhood have expressed concern from the beginning of the Estes Park rezoning that they would no longer be able to walk along Moubry Lane once it became a through street. Forest Ridge was built before the County began requiring sidewalks and street trees in Development Area neighborhoods. Forest Ridge residents also expressed concern about the potential for speeding along Moubry Lane since the street is a wide one. Staff measured the width as 38 feet from curb to curb. Staff suggested that a sidewalk built in the right-of-way on one side of Moubry Lane would help reduce the width. VDOT noted that a planting strip (minimum 2.5 feet in width) would need to be provided between the new sidewalk and the street. The total reduction in street width will be approximately 8 feet. When cars are parked onstreet, that will further reduce the speedway appearance of Moubry Lane. The applicant has responded to staff and VDOT requests in Proffer 3 below, which provides for the requested improvements. Update: The public road connection to Moubry Lane has been eliminated as recommended by the Planning Commission. A 20 foot pedestrian, bike and emergency access connection has in place of the public road connection. Phasing: The applicant has indicated on the cover sheet and application plan that three phases are contemplated. In a letter dated June 20, 2011, the applicant states that: The Estes Park Project includes three construction phases. All phases are shown on the site plan sheet of the application plan. Phase 1 includes lots 1-20, 26 & 27, and 38-47 and associated infrastructure. Temporary turn-arounds will be provided as necessary with Phase 1. Phase 2 covers the remaining of the lots and infrastructure on site. Phase 3 covers off-site improvements to the Forest Ridge Neighborhood along Moubry Lane. Staff has requested that the phasing information now included on the cover sheet of the application plan be expanded to include the information in the paragraph above. Since the letter of June 20 will not be adopted as part of the rezoning, the information needs to be on the approved plan. PROFFERS Attachment D contains the current draft proffers. Some changes in the wording relating to the form of the proffer have been requested and others are expected prior to the Board of Supervisors public hearing. Individual proffers are described below: Proffer 1: Worth Crossing Connection. The applicant proposes to construct the entrance road into the proposed development, as shown on the application plan. This proffer is necessary to ensure that the entrance is constructed as shown on the application plan because much of the entrance road would be located on a parcel not included in this rezoning application. Staff supports the inclusion of this proffer. It has been recently revised, so staff is awaiting comments from the County Attorney on the precise wording. Proffer 2: Moubry Lane Sidewalk. The applicant has agreed to construct a sidewalk, planting strip, and associated drainage facilities within the existing right-of-way along the east side of Moubry Lane. The cost of these improvements would be deducted from the funds received from the cash proffer for capital improvements. These improvements will provide two important benefits. First, Forest Ridge residents will have a safer place to walk once the cul-de-sac is removed and Moubry Lane becomes a through street. The planting strip will also provide a small buffer between the sidewalk and the street, as well as a location for residents mailboxes. Staff Report, Page 9

The second benefit is that the resulting street will be narrower, thereby providing a form of traffic calming. When residents and their guests park along the street, the parked cars will increase the traffic calming effect of the narrower street. Staff believes this is an excellent way to deal with the increase of traffic on the Moubry Lane once it becomes a through street and also supports funding these improvements through the cash proffer for capital improvements funds. Update: The proffer to construct this sidewalk has been removed since the public road Estes Park will no longer be connected to Moubry Lane. Proffer 3: Cash Proffer for Capital Improvements Projects. At the beginning of this proffer, the applicant explains the method used to calculate the number of units on which the applicant is willing to pay a cash proffer for capital improvements. The applicant subtracted the total number of units, including bonus units, that could be built under the current R-1, Residential zoning (18) from the total number of proposed units (68). The result is 50 units on which the applicant is proffering cash for capital improvements. Staff notes that the County s Cash Proffer Policy states, [a] rezoning s impact on public facilities will be evaluated based on the gross number of proposed dwelling units. To determine the number of units, the policy does, [n]ot give credits for those dwelling units permitted under existing zoning regulations (except as provided in sections C(6)(c) and (e)). Sections C(6)(c) and (e) refer to credits that may be applicable. Section (c) states: c. No increase or small increase in density: In rezoning applications where there is a minimal increase in density, a credit may be given for the number of residential units allowed under the existing zoning and the cash proffer amount will be based only on the estimated density increase resulting from the rezoning. This credit may be allowed only for those rezoning applications where the rezoning seeks the design flexibility allowed by the Neighborhood Model zoning district or seeks to amend a prior rezoning with no increase in density. The credit should not be allowed if the rezoning application seeks to increase density in a conventional, rather than a planned, zoning district. Staff does not consider an increase from 18 by-right units to 68 units to be a minimal increase, so this credit should not apply. Section (e) states: e. Substantial upgrades to design/development standards: The Board may consider development proposals that include substantial upgrades to current design/development standards and ordinance requirements as justification for granting a credit to the pre-existing lot yield. Pre-existing lot yields will be calculated using average actual recorded lot yields provided the applicant has not otherwise submitted documentation indicating higher lot yields in conformance with existing ordinances and reflective of site specific physical features. Staff notes that the proposed development incorporates many Neighborhood Model features, but the County generally achieves this result with other residential developments. So the fact that the proposed Estes Park development will fulfill most of the principles does not distinguish it from other residential rezonings. Staff believes that Estes Park should pay the full single-family detached amount for all 68 units. This would mean that for 68 single-family detached homes at $19,100 per unit, the total would be: $1,298,800. minus the credit for the Sidewalk Expense. Staff Report, Page 10

The Policy also includes a potential credit for affordable units constructed as part of a development. However, since Estes Park is proffering cash-in-lieu of affordable units, this credit would not apply. This proffer also includes language that the Sidewalk Expense should be credited against the total amount the applicant would pay under this proffer. The Sidewalk Expense includes construction of the sidewalk, planting strip, and related drainage facilities on Moubry Lane. Staff believes that these improvements are essential to provide safer pedestrian facilities for the residents of Forest Ridge and that these improvements would have to be made by the County, if not provided by the developer. So, staff supports the inclusion of the Sidewalk Expense credit in the proffers. The amount will be included in this Proffer prior to the public hearing before the Board of Supervisors. Update: Since there is no longer a proffer to construct the sidewalk on Moubry Lane, the cash proffer credit for this improvement has been removed. Proffer 4: Affordable Housing. It is staff s understanding that, with the agreement of the County s Chief of Housing, the applicant is proffering to provide cash in lieu of affordable units, rather than the affordable units themselves. So, the first paragraph ( a ) of Proffer #4 applies. The applicant proffers cash in lieu of 15% or ten (10) seven (7) affordable units. However, as with Proffer #3, this proffer is based on 50 units rather than the 68 included in the rezoning. The Affordable Housing Policy asks for a minimum of 15% of the units; no credits are offered that would apply to the Estes Park rezoning. Staff believes that all 68 units should be included in the 15% calculation, which would result in 10.2 units of affordable housing. The Chief of Housing has indicated that, where the 15% works out to include a fraction of a unit, the cash-in-lieu payment may use the fractional number rather than rounding the number up to 11, as would be done for provision of actual units. Thus, 10.2 units at $21,125 per unit, would result in a proffer amount of $215,475. Update: The applicant has modified this proffer and is now providing a cash amount based on the total units in the proposed development, which is consistent with the Cash Proffer Policy. The County Attorney has indicated that the standard language used in this proffer relating to for sale units is being revised. The applicant has been advised that further changes in this wording may be necessary and may be made before the proffer is reviewed by the Board of Supervisors. Proffer 5: Moubry Lane Interconnection. The applicant has included this proffer to clarify for the residents of Forest Ridge that the Moubry Lane Interconnection will be constructed with consideration for Forest Ridge residents. The proffer states that construction of the interconnection will not begin until the rest of the Estes Park project is nearing completion, that Moubry Lane and the interconnection will not be used as a construction entrance, and that the cul-de-sac will be removed at the time the interconnection is made. Staff supports this proffer as recognition of the need to mitigate the impacts of construction of the interconnection as much as possible. Update: this proffer has been eliminated Proffer 5 6: Erosion and Sediment Control. The applicant proffers additional erosion and sediment control. Staff is comfortable with this part of the proffer. Section b covers revegetation. The County Engineer has noted that the timeline for establishment of permanent vegetation is now required by County ordinance, so it does not need to be proffered. Staff Report, Page 11

Staff recommends removing section b. Staff also notes that the signature line for Ruth Johnson Estes will need to be revised to reflect that her heirs will be signing these proffers. WAIVERS The applicant has applied for a Critical Slopes Waiver. The critical slopes waiver request has been reviewed. Staff s analysis follows: Description of critical slope area and proposed disturbance: The majority of critical slopes which need a waiver are along the stream banks on the property. (See Attachment B, Grading Plan sheet) Areas Acres Total site 12.75 acres Critical slopes 0.27 2% of site Critical slopes disturbed 0.1 3% of critical slopes Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative locations: The portion of critical slopes off the Moubry Lane cul-de-sac is exempt, and will be disturbed to make the road connection. The other road crossings are arguably exempt, because they involve the layout of the development, which is being reviewed with the rezoning. Compliance with Zoning Ordinance 18-4.2: movement of soil and rock Proper slope construction, control of drainage, and vegetative stabilization will help prevent any movement of soil. Some movement may occur over time due to natural stream bank erosion. excessive stormwater runoff Some subdivision road and rooftops will drain through this stream to a stormwater pond. siltation Inspection and bonding by the County will try to minimize siltation during construction. Proper stabilization and maintenance will help to achieve long term stability. loss of aesthetic resource This area will be visible from the roads and houses in the neighborhood. It is not currently visible from off-site. septic effluent This neighborhood is serviced by public sewer. Based on the review above, there are no engineering concerns. These critical slopes are almost inconsequential, and most of the disturbances are for roads and access, which could be considered exempt. Staff Report, Page 12

SUMMARY Staff has identified the following factors, which are favorable to this rezoning request: 1. The project would result in a neighborhood of 68 residences close to major employers expected to add jobs in the future and within walking distance of retail and services. 2. The new development will be single-family detached homes at a density and scale compatible with surrounding residential neighborhoods that adds another type of housing to the mix of duplexes and townhouses now available in the immediate area. 3. The project s road network has been designed to interconnect with roads on other nearby properties as they develop, as well as to create a road network that will serve the larger Proffit Road/Worth Crossing area. 4. The applicant proposes to create a second entrance by completing the interparcel connection set up when the Forest Ridge neighborhood was developed in the 1990s. The existing cul-desac at the end of Moubry Lane will be removed, the grade will be improved, and affected driveways along Moubry Lane extended to meet the reconstructed road. 5. The applicant has proffered to construct a sidewalk and planting strip on one side of Moubry Lane to provide a safer place for Forest Ridge residents to walk once Moubry Lane becomes a through street. By narrowing the street, the sidewalk/parking strip will also serve as a form of traffic calming for the Forest Ridge neighborhood. 6. The project s design preserves the main section of the stream, an environmental feature that flows diagonally through the center of the two parcels. The stream will become an amenity in the open space area. 7. Approval of the Critical Slopes Waiver will enable the developer to make the most efficient use of the property while preserving the main section of the stream. Staff has found the following factors unfavorable to this rezoning: 1. The method used by the applicant to calculate the number of units on which the number of affordable housing units will be provided and the number of units on which the cash proffer for capital improvements will be paid does not follow the method stipulated in the Affordable Housing Policy or the Cash Proffer Policy of the Comprehensive Plan. 2. The width of the streets in the proposed development will allow parking on only one side of the street; VDOT will require that the other side be posted with No Parking signs, which may lead to parking conflicts when the site is fully developed. 3. A tot lot or other type of recreational amenity has not been provided within the 25% open space. 4. Additional minor changes need to be made in the wording of the proffers and on the application plan, as listed under Recommendation at the end of this report. RECOMMENDATION (Updated to reflect revisions to application plan and proffers) Staff recommends approval of this rezoning provided certain changes are made in the application plan and proffers, as listed below: 1. The applicant meets the policies for providing cash proffers, which is based on the total number of units in the proposed development (68 total units * $19,100 per unit = $1,298,800). 2. The following technical changes need to be made on the application plan: a. Lot-to-lot drainage along roads D and A will need to be addressed, per the County Engineer. Staff Report, Page 13

b. The Phasing information now included in Scott Collins letter dated June 20, 2011 needs to be added to the phasing information now included on the cover sheet of the application plan. c. Add note to application plan describing the improvements to be provided in the proposed pocket park (tot lot, etc.). Staff recommends approval of the Critical Slopes Waiver. PLANNING COMMISSION MOTION Zoning Map Amendment: A. Should a Planning Commissioner choose to recommend approval of this zoning map amendment: Move to recommend approval of with the changes in the application plan and proffers as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this zoning map amendment: Move to recommend denial of. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. PLANNING COMMISSION MOTION Critical Slopes Waiver: A. Should a Planning Commissioner choose to recommend approval of the critical slopes waiver: Move to recommend approval of the Critical Slopes Waiver for, as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of the critical slopes waiver: Move to recommend denial of the Critical Slopes Waiver for. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENT A: Location Map ATTACHMENT B: Application Plan, dated June 20, 2011 (revised sheets 1 and 3) ATTACHMENT C: Applicant s Project Narrative, dated February 7, 2011 ATTACHMENT D: VDOT Comments, dated July 15, 2011 ATTACHMENT E: Revised Draft Proffers, dated August 31, 2011 ATTACHMENT F: ACSA Comments, dated February 11, 2011 ATTACHMENT G: RWSA Comments, dated February 23, 2011 ATTACHMENT H: Applicant s Letter Describing Revisions to Plan, dated September 12, 2011 Staff Report, Page 14