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

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: July 22, 2008 APPLICATION NUMBER: SP-08-06-09 Project Information Project Planner: Ebony Walden, Neighborhood Planner Applicant: Tenth & Main LLC. Applicants Representative: Neal Deputy of Neal Deputy Architects Applicable City Code Provisions: 34-156 through 34-164 (Special Use Permits), 34-800 through 34-827 (Site Plans), 34-867 (Landscape Plans), Section 34-420 Use Matrix Application Information Property Street Address: 100, 102, 104 Oakhurst Circle Tax Map/Parcel #: TM 11, Parcels 1, 2 & 3 Total Square Footage/Acreage Site: 1.08 acre/47,044 square feet Comprehensive Plan (Land Use Plan) Designation: Two-Family Current Zoning Classification: R-3 with Historic District Overlay Tax Status: There are no delinquent taxes. Applicant s Request: Neal Deputy of Neal Deputy Architects acting as agent for Tenth & Main LLC seeks approval of a special use permit for the properties located 100, 102, 104 Oakhurst Circle to allow for increased density of 33 DUA (35 units) from the by right density of 21 DUA (23 units) in an R-3 district. Between 22 and 87 DUA are allowed by Special Use Permit. The applicant is also requesting a front yard setback reduction from the required 25 feet to 12 feet. Vicinity Map: Mc COR RO DR CIR NTIBELLO VALLE JEFFERSON OAKHURST EEVE CIR O OD BLE VENA LN. NDON AV ² NO SCALE

Executive Summary: Neal Deputy of Neal R. Deputy Architects acting as agent for Tenth & Main LLC has submitted a preliminary site plan for the redevelopment of three parcels located at 100, 102 & 104 Oakhurst Circle. The site plan proposes the conversion of two of the existing apartment buildings into a 24 room bed and breakfast, retaining one existing building for 5 apartments, the construction of a 3 building 30-unit apartment complex with a 38 space parking garage and the realignment of the JPA/Emmett intersection. The property has approximately 340 feet of frontage on Jefferson Park Avenue and 170 feet of frontage on Oakhurst Circle and currently contains a 3 building 17 unit apartment complex to be renovated. Increased density (up to 87 DUA) is allowed in the R-3 zoning district with a special use permit. The R-3 zoning designation allows a by-right maximum of 21 dwelling units per acre (23 units for this site). This development is proposing a total of 35 dwelling units (or 32 DUA). This would allow 12 additional units than allowed by right. The general uses called for in the Land Use Plan of the Comprehensive Plan are for Two-family. This property is within a historic district and requires a recommendation on the special permit from the Board of Architectural Review as to whether the application has adverse impacts on the district. At their December 2007 meeting the BAR supported (8-0-1) (with Gardner recusing) the previous SUP motion, that the BAR would offer its support of increased density of some level on this piece of property and would allow consideration of some reduction of the front yard setback to 15 feet, but not the reduction of the side yard setback to 0 feet. The applicant has revised their side yard setback to meet code and reflect the BAR s recommendation. 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. Section 34-157 of the City Code sets the general standards of issuance for a special use permit. (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; 2

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; (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. 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. 34-157(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 (Sec. 34-162). 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 34-350 - R-3 zoning designation consists of medium-density residential areas in which medium-density residential developments, including multifamily uses, are encouraged Density Section 34-420 Use Matrix allows residential developments with a density of 22-87 DUA by special use permit in the R-3 Multi-family Residential District. Overall Analysis: 1. Proposed Use of the Property. The applicant proposes the conversion of two of the existing apartment buildings to a bed and breakfast, retaining one existing building for 5 apartments, the construction of a 3

3 building 30-unit apartment complex with a 38 space parking garage and the realignment of the JPA/Emmett intersection. 2. Zoning History In 1949 this property was zoned A-1 residential. In 1958 this property was changed to R- 3 multi-family residential which allowed for the following uses: multiple dwellings, religious and educational institutions, fraternities, hospitals and dorms. The 1976 zoning map indicates that this property was zoned R-3 and allowed the following uses: R-2 uses, townhouses, tourist & rooming houses & day care centers. The property remained R-3 in 1991 which allowed R-2 uses, townhouses & day care centers. R-3 with a Historic District overlay is the current zoning designation. 3. Character and Use of Adjacent Properties Direction Use Zoning North University of Virginia University Land not zoned by the city South Single Family & Multi-family R-3/R2U/R1U Historic East Multi-family dwellings R-3 Historic District West Multi-family dwellings R-3 Entrance Corridor 4. Reasonableness/Appropriateness of Current Zoning The current zoning is reasonable and appropriate. This property is on the corner of Jefferson Park Avenue and Emmet Street, two very busy corridors. JPA is an entrance corridor. This portion of the JPA neighborhood is close to the University of Virginia and other low to medium density multifamily housing occupied by university students. This property is also bordered by the Oakhurst/Gildersleeve historic district which is primarily a single-family neighborhood bounded by the university and multi-family student developments and apartments. This designation allows for apartments with a density of up to 21 dwelling units per acre. 5. Reasonableness/Appropriateness of Proposed Zoning The reasonableness/appropriateness of the request for a special use permit to allow added density in this district is reasonable, but the appropriateness is debatable. The increase in density is to allow 12 additional units. This development is surrounded by numerous apartments and would front on Jefferson Park Avenue, an entrance corridor and is in close proximity to the University s South Lawn project. One could argue that this is an appropriate place for increased density. This project also is closer to the University than some of the areas that were rezoned in 2003 to R-UHD Residential- University High Density which allows up to 64 units per acre by right. On the other hand this development is on the edge of the Oakhurst Circle Gildersleeve Wood area, which is a primarily single family neighborhood. One could also argue that this area was not rezoned to medium/high density in 2003 because R-3 which allowed up to 21 DUA was what the community thought it should remain and this development is another 4

request to remove the effect of that decision. Thirty five apartments and a Bed and Breakfast will be intense uses on this site. 6. Consistency with Comprehensive Plan Multifamily housing is allowed with a special use permit and is consistent with the zoning ordinance. The comprehensive plan designation, however, is two family residential. 7. Potential Uses of the Property (By-Right) By-right uses in a R-3 zoning district include multifamily developments, 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, libraries and day care facilities among others. Uses allowed by special permit are: fraternities and sororities, boarding houses, adult assisted living facilities, nursing homes, developments with density of 22-87 DUA, private clubs, funeral homes and outdoor recreational facilities, among others. PROJECT REVIEW 1. Harmonious with existing patterns of use and development within the neighborhood The surrounding area contains a combination of multifamily housing that is occupied primarily by students and single family houses to the south and east of the property. This property is adjacent to R-3, R-2U and R-1U zoning districts and the University of Virginia is a block north. The portion of this property closest to the largely single family residential area, will be a bed and breakfast. That use is not consistent with patterns of use or development within this area. The bed and breakfast is by-right and has been reviewed/approved by the Board of Zoning Appeals. The portion of the property related to the special use permit application fronts on Jefferson Park Avenue, a major corridor. This corridor encompasses numerous medium density apartment buildings and this development is harmonious with those existing patterns of development. 2. Building code regulations The Building Code Official has reviewed this site plan and provided comments to the applicant, which they are addressing. 3. Conformity with comprehensive plan and policies This development is not consistent with the comprehensive plan designation which is two-family residential. This is a quality development that will improve the appearance of an entrance corridor and renovate historic properties which is consistent with comprehensive plan priorities. 4. Impact on the neighborhood (a) Traffic or parking congestion Traffic congestion: Trip generation for the proposed development is 847 vehicle trips per day, which is an increase of 347 trips per day from the current daily trips from the 17 existing apartments. The increase in density will likely increase the number of cars on JPA and Oakhurst/Gildersleeve and make it more congested at this intersection as there will be more cars entering and exiting. The applicant has 5

proposed providing: bikes for B & B guest, a car available for car sharing on site to help mitigate this impact and a rent reduction for residents who do not have a car. It can also be expected that a significant number of students will walk or take transit as a means of travel. The intersection realignment ( T intersection) was first a recommendation of the joined City/County/University JPA neighborhood study conducted by the PACC (Planning and Coordination Council) Task Force in 1988 and adopted by City Council in 1989. Similar improvements to the intersection were also referred to in the 2001 JPA Corridor Study conducted by the University of Virginia. The redesign of this intersection proposed by the applicant improves safety for pedestrians and bicyclists. Thought the removal of the northbound right-turn yield control at the intersection will cause the queues to be slightly longer than with the current intersection configuration, the difference will not have a significant impact. According to the recent traffic study conducted, this does not result in an appreciable reduction in intersection operation or approach level of service. Since the City is very supportive of pedestrian/bike improvements, the Traffic Engineering Division and the Director of NDS support this improvement and believe that this intersection realignment is consistent with the City s goals of creating pedestrian and bicycle friendly environments. The intersection plans are in review as part of the site plan process. Parking: The site plan shows 42 on-site parking spaces provided for the project. Based on the requirement of one parking space for each 2-bedroom unit and 1 parking space for each one-bedroom unit and 0.3 spaces per bedroom for a bed and breakfast 43 off-street parking spaces are required for this site. They need to provide one additional parking space on site. (b) Noise, light, dust, odor fumes, vibrations, and other factors, which adversely affect the natural environment, including quality of life of the surrounding community. This use should not adversely affect the natural environment. The plan calls for the preservation of 7 existing trees and includes LID strategies that are also environmentally friendly. This portion of the development that will be new construction is currently a paved parking area, so the new construction will decrease the impervious area and add numerous tree and shrubs to enhance the visual appearance of the site. This development would add more students to this area, which has been perceived as increasing noise and litter in the neighborhood. (c) Displacement of existing residents or businesses; This property is currently occupied by 17 apartments; therefore current residents will have to be displaced to begin construction and renovation. However, the site will 6

have a greater density of housing available once it is complete than it has currently, thereby creating more opportunities for housing in the area. (d) Discouragement of economic development activities that may provide desirable employment or enlarge the tax base; This development will encourage economic activity as this will be a bed & breakfast which will add some commercial activity to the city and this area. (e) Undue density of population or intensity of use in relation to the community facilities existing or available; The proposed plans have been reviewed by the City s utility and the engineering divisions. They have determined that the additional density over the by-right allowance is not going to have a significant impact on the existing community facilities. (f) Reduction in the availability of affordable housing which will meet the current and future needs of the city; This use does not reduce the availability of affordable housing. These are currently student apartments and the new development will provide more student housing than is currently on-site. (g) Impact on school population and facilities; This will likely be a student apartment development and it is not anticipated that school aged children will not reside in this development. (h) Destruction of or encroachment upon conservation or historic districts; and This property is within a historic district and requires a recommendation on the special permit from the Board of Architectural Review as to whether the application has adverse impacts on the district. At their December 2007 meeting the BAR supported (8-0-1) (with Gardner recusing) that the BAR would offer its support of increased density of some level on this piece of property and would allow consideration of some reduction of the front yard setback to 15 feet, but not the reduction of the side yard setback to 0 feet. The applicant has revised their plans to provide a 10 side setback as required. This plan also includes renovation of the 2 existing structures, which expresses a preservation of the historic properties in this area. (i) Conformity with federal, state and local laws This project will conform to all applicable laws. (j) Massing and scale of the project This is a significant 3 story project on a very prominent corner. The massing and scale are not inappropriate for this area. The development fronts on Jefferson Park Avenue, an entrance corridor, which can perhaps withstand more dense development. The Board of Architectural will have design review over this project and make sure the scale and massing are in line with the surrounding historic fabric. 7

5. Reasonable conditions of approval that would satisfactorily mitigate impact on the surrounding neighborhood In order to mitigate the impact on traffic and parking the applicant has included (as stated in the attached narrative) a car-sharing program, a rent discount to students without cars and bicycles provided to the bed and breakfast guests. The applicant has also been working with city staff for some time on the proposed intersection realignment, which will provide noteworthy improvements in pedestrian/bicycle safety. These innovative and progressive car/parking strategies are industry best practices and will support the City s commitment to sustainable practices. The applicant has also suggested the opportunity for parking lifts to accommodate more parking. Staff is not sure how enforceable the car-sharing and parking lifts are from this department s point of view. Bike storage facilities to accommodate at least 14 bikes (a maximum of one for every 2 dwelling units as allowed by 34-881) are suggested. Providing a number of bikes for residents would also be appropriate. 6. Requested exceptions and modifications The applicant is requesting a reduction of the front yard setback from a 25 minimum to 12. Although the average setback for this development is 33, one of the buildings (building C) will be setback 12. The area in front of all of the buildings will be sufficiently landscaped and will provide a buffer between the buildings and pedestrians. A building closer to the street provides a more human scaled environment and is a good planning practice. This request is not unreasonable. Low Impact Development Strategies: Submission of a Low Impact Development worksheet is a requirement for special use permit applications for new developments. The applicant tentatively proposes having 13 points on the LID worksheet for capturing and re-using storm water run-off. These points will need to be verified through the site plan process. Attachments: Site Plan, SUP Narrative, Low Impact Development Worksheet Public Comments Received: A site plan conference for this project was held on May 7th, 2008, three members from the JPA Neighborhood Association attended. Residents where concerned about the number of rooms in the Bed and Breakfast, potential increases in density and increasing the vehicle travel on Oakhurst/Gildersleeve, a rather narrow residential street. They were generally pleased with renovating the existing structures. The applicant had discussed the intention of providing 2 valets so that B & B guests would not travel down Oakhurst Circle/Gildersleeve Wood to park in the main garage. Residents were considered about the applicant maintaining 2 valets indefinitely. This would be hard to enforce. A no-thru traffic sign at Oakhurst Circle/Gildersleeve Wood was also proposed by the applicant, but Traffic Engineering does not think such a sign is appropriate or would be effective. Staff Recommendation: 8

Staff generally believes this is a quality development with many of the best planning practices that promote sustainability including renovating and reusing historic properties, water reuse, pedestrian & bike friendly improvements and an attempt to decrease automobile use in several ways. The applicant has been innovative and fairly responsive to the needs of the surrounding community and tried to mitigate the impacts of this development. A large portion of this site is currently a parking lot; therefore this development will be a significant improvement to the Jefferson Park Avenue Corridor. The proposed density and scale of development are not out of character with new development along this corridor. Staff s reservations are that the increase in density to allow 12 additional units than allowed by right is a density increase in an area that was reserved as R-3 zoning because residents wanted to retain a lower by-right density than nearby University High Density districts. Thought this increase in density by itself is not out of character with the area, 35 units together with a 24 bed and breakfast (although the B & B is by right) intensify the usage of the site. Conversely, the applicant could potentially build 16 new units with up to 4 bedrooms by-right (69 bedrooms total including the 5 existing units to remain). This request is for 30 2-bedroom and 5 one bedroom units (65 bedrooms), so this request can also be viewed as less than the maximum bedrooms allowed-by right. Staff recommends approval with the following conditions: a) Providing at least one on-site car for car-sharing as proposed by the applicant with verification of such arrangement before the Certificate of Occupancy is granted. b) Bike storage facilities to accommodate at least 14 bikes. c) $100 rent reduction for residents without automobiles d) The owner providing at least 4 bicycles free for use by B & B guests and residents. e) Re-alignment of the JPA/Emmet intersection provided that final approval is granted by city staff including the acquisition/closure of a portion of the Jefferson Park Avenue right of way. f) Reduction of the front yard setback to 12 feet. g) Planning Commission Approval of the Preliminary Site Plan h) Issuance of a Certificate of Appropriateness from the BAR Suggested Motions: 1. I move to recommend the approval of this Special Use Permit application for increased density of 33 DUA at TM 11, Parcels 1, 2 & 3 refereed to as Oakhurst Inn & Apartments on the basis that the proposal would serve the interests of the general public welfare and good zoning practice. 2. I move to recommend the approval of this Special Use Permit application for increased density of 33 DUA at TM 11, Parcels 1, 2 & 3 refereed to as Oakhurst Inn & Apartments with the conditions outlined by staff, on the basis that the proposal would serve the interests of the general public welfare and good zoning practice 3. I move to recommend denial of this Special Use Permit application for increased density of 33 DUA at TM 11, Parcels 1, 2 & 3 refereed to as Oakhurst Inn & Apartments on the basis that the proposal would not serve the intent of the general public welfare due to the following: 9