Agenda PLANNING COMMISSION REGULAR DOCKET TUESDAY, December 11, 2018 at 5:30 P.M. CITY COUNCIL CHAMBERS I. Commission Pre-Meeting (Agenda discussion(s)) Beginning: 4:30 p.m. Location: City Hall, 2nd Floor, NDS Conference II. Commission Regular Meeting Beginning: 5:30 p.m. Location: City Hall, 2nd Floor, Council Chambers A. COMMISSIONERS' REPORTS B. UNIVERSITY REPORT C. CHAIR'S REPORT D. DEPARTMENT OF NDS E. MATTERS TO BE PRESENTED BY THE PUBLIC NOT ON THE FORMAL AGENDA F. CONSENT AGENDA (Items removed from the consent agenda will be considered at the end of the regular agenda) 1. Zoning Text Initiation – Dwelling Units Clarification III. JOINT MEETING OF COMMISSION/ COUNCIL Beginning: 6:00 p.m. Continuing: until all public hearings are completed Format: (i) Staff Report, (ii) Applicant, (iii) Hearing 1. 918 Nassau Street a. ZM-18-00001 – (918 Nassau Street) (Hogwaller Farm Development) – Justin Shimp (Shimp Engineering) on behalf of Charles Hurt and Shirley Fisher (landowners) have submitted a rezoning petition for Tax Map 61 Parcels 79.17, 79.18, & 79.19, 918 Nassau Street, and a portion of Tax Map 61 Parcel 79 (Subject Properties). The rezoning petition proposes a change in zoning from the existing R-2 Two-family Residential to HW Highway Corridor with proffered development conditions. The proffered conditions include: (i) maximum height of buildings: Any structures(s) located on the property shall not exceed thirty-five (35) feet in height, where height is the vertical distance measured perpendicularly from grade from the highest point on such building or structure; (ii) future land uses: (a) the gross floor area of any singular commercial use shall not exceed 4,000 square feet. This shall not prohibit the gross floor area of multiple commercial uses from exceeding 4,000 square feet; (b) the land uses permitted on the Subject Properties are found in the HW Corridor Sec. 34-796 use matrix, but prohibits the following; Adult assisted living greater than 8 residents. Bed-and-breakfasts homestays, B&Bs, Inns, convent/monastery, nursing homes, residential treatment facility over 8 residents, shelter care facilities, amusement centers, animal boarding/grooming/kennels without outside runs or pens, art galleries, auditoriums, amphitheaters, automotive services, banks/financial institutions, bowling alleys, car washes, catering business, health clinics, veterinary clinics, private clubs, data centers, dry cleaning establishments, elementary schools, high schools, artistic instruction up to 4,000 SF, electronic gaming cafes, hotels/motels, laundromats, libraries, small breweries, movie theaters, municipal buildings, museums, music halls, offices, outdoor storage, public recreational facilities, fast food restaurants, full service restaurants, taxi stands, transit facilities, consumer service businesses over 4,001 SF, home improvement centers, pharmacies, shopping centers, shopping malls, retail stores over 4,001 SF, laboratories, and printing/ publishing facilities; (iii) affordable housing; contingent upon approval of residential density on site, the owners shall reserve ten percent (10%) of the units built on the Property for on-site for-rent affordable dwelling units (as defined herein). The units will remain affordable for a period of twelve (12) years from issuance of certificate of occupancy. For-rent affordable dwelling units shall rent at a rate making the units affordable to households with incomes at not more than 50% of the area median income (“AMI”) for the Charlottesville Metropolitan Area published annually by the United States Department of Housing and Urban Development (“HUD”). The Subject Properties are further identified on City Real Property Tax Map 61 Parcels 79, 79.17, 79.18, 79.19, & 79.201. The Subject Properties is approximately 0.8 acres. The Land Use Plan calls for Low Density Residential. The Comprehensive Plan specifies density no greater than 15 units per acre. b. SP18-00004 – (918 Nassau Street) (Hogwaller Farm Development) – Justin Shimp (Shimp Engineering) on behalf of Charles Hurt and Shirley Fisher (landowners) have submitted an application seeking approval of a Special Use permit (SUP) for a portion of Tax Map 61 Parcel 79, Tax Map 61 Parcels 79.16, 79.17, 79.18, & 79.19, 918 Nassau Street (Subject Properties). The SUP application proposes a density of 32 Dwelling Units Acres (DUA) per City Code Sec. 34-740. The applicant is requesting a rezoning (see petition ZM-18-00001) and a SUP for the proposed development of eighteen (18) one-bedroom and twelve (12) two-bedroom units split between two (2) three-story buildings for a total of thirty (30) dwelling units. The development is being proposed as an urban farm and will accommodate a 1,280 square foot greenhouse and a 600 square foot retail farm store. Additional parking, farm sheds (not to exceed 600 square feet), and agricultural fields supporting the development are proposed on an adjacent 7.52 acre county parcel. The Subject Properties are further identified on City Real Property Tax Map 61 Parcels 79, 79.16, 79.17, 79.18, 79.19, & 79.20. The Subject Properties are approximately 0.94 acres and has road frontage on Nassau Street. The Land Use Plan calls for Low Density Residential. The Comprehensive Plan specifies density no greater than 15 units per acre. Information pertaining to these requests may be viewed five days prior to the Public Hearing online at http://www.charlottesville.org/departments-and-services/departments-h-z/neighborhood-development-services or obtained from the Department of Neighborhood Development Services, 2nd Floor of City Hall, 610 East Main Street. Persons interested in this Rezoning and SUP petition may contact Matt Alfele by email (alfelem@charlottesville.org) or by telephone (434-970-3636). 2. ZT18-11-05: Amusement Centers - A proposed amendment to the text of the City’s Zoning Ordinance, City Code sections 34-480, 34-796, and 34- 1200 to revise the definition of “amusement center” and identify the zoning classifications where this use is allowable. Staff contact: Brian Haluska (haluska@charlottesville.org) 3. ZT18-11-06: Primary and Linking Street Designations in Mixed Use Zones - A proposed amendment to the text of the City’s Zoning Ordinance, City Code section 34-541 to include any undesignated streets into the designated streets listing, correct any clerical errors and standardize the language used to identify streets. The following zoning districts and streets are included Downtown Extended Corridor: East Market Street, 1st Street, 4th Street, Elliott Avenue, Levy Avenue, East Water Street, East South Street, Graves Street, Lyman Street and City Walk Way Downtown North Corridor: 8th Street, N.E., 5th Street, NE, 1st Street, 4th Street, NE, 9th Street, NE, 2nd Street, NE, 2nd Street, NW, 7th Street, NE, 6th Street NE, 3rd Street NE, 8th Street, 11st Street NE, Locust Avenue, Lexington Avenue, East Market Street, West Market Street, East High Street, West High Street, 10th Street NE, 9 ½ Street NE, Park Street, Court Square and Altamont Circle Cherry Avenue Corridor: 4th Street, 5th Street, Delevan Street, Estes St., Grove St., King St., Nalle St., 9th St., 6th St., 6½ St., 7th St, Roosevelt Brown Boulevard, Dice Street, Elm Street Neighborhood Commercial Corridor: Bainbridge St., Carlton Avenue, Douglas Avenue, Fontaine Avenue, Garden Street, Goodman Street, Hinton Avenue, Holly Street, Lewis Street, Maury Avenue, Monticello Road, Walnut Street, Meridian Street, Jefferson Park Avenue and Price Avenue. High Street Corridor: 11th Street, Willow Drive, 10th Street NE, 13th Street NE, Duke Street, and Little High Street Highway Corridor: 5th Street, Eastview Street, Monticello Avenue, Carlton Road, Hillsdale Drive, 250 Bypass, Monticello Road, Rives Street, Nassau Street, Quarry Road and Druid Avenue Urban Corridor: University Avenue, Old Ivy Road, Wise Street and 250 Bypass Central City Corridor: 8th Street, 9th Street, 10th Street, Grady Avenue, Landonia Circle and Duke Street Corner District: 12th Street, 12 ½ Street, 13th Street, 14th Street, Jefferson Park Avenue, Minor Court Lane 4. ZT18-12-07: Dwelling Units Clarification - A proposed amendment to the text of the City’s Zoning Ordinance, City Code Section 34-6 and 34-1200 to clarify language and uses which constitute dwelling units, clarify definitions for Dwelling unit; Dwelling, multifamily; Dwelling, single family attached; Dwelling, single family detached; Dwelling, townhouse; Dwelling, Two-family; DUA; Accessory apartment; Adult assisted living; Bed and breakfast (“B&B”); Bed and breakfast (“Inn”); Boarding house; Boarding, fraternity and sorority house; Condominium, Convent, Dormitory, Family, Family day home, Hotel/motel, and Lodging and add new definitions for Rooming unit and Common Party wall. IV. COMMISSION’S ACTION ITEMS Continuing: until all action items are concluded 1. Preliminary Discussion – Belleview Pump Station PUD 2. Comprehensive Plan - reserved time for continued discussions V. FUTURE MEETING SCHEDULE/ADJOURN Tuesday, December 18, 2018 - 5:00 Work Capital Improvement Program, Emmet Street PM Session Streetscape Concept, Comprehensive Plan Tuesday, January 8, 2019 – 4:30 PM Pre- Meeting Tuesday, January 8, 2019 – 5:30 PM Regular Minutes – September 11, 2018 – Pre- meeting and Meeting Regular meeting Minutes – October 9, 2018 – Pre- meeting and Regular meeting Minutes – November 13, 2018 – Pre- meeting and Regular meeting Capital Improvement Program SUP – 901 River Road 5th Street Corridor Study Zoning Text Amendments - Site Plan Requirements Preliminary Discussion – Flint Hill Emmet Street Streetscape – Comprehensive Plan Compliance Anticipated Items on Future Agendas Zoning Text Amendments –Off-street parking facilities requirements along streets designated as “framework streets” (initiated May 8, 2018) SUP –MACAA (1021 Park Street), 513 Rugby Road, 167 Chancellor PUD – Belleview Pump Station January 22, 2019 Work Session - Seminole Square Redevelopment, 501 Cherry PUD Persons with Disabilities may request reasonable accommodations by contacting ada@charlottesville.org or (434)970-3182 PLEASE NOTE: THIS AGENDA IS SUBJECT TO CHANGE PRIOR TO THE MEETING. PLEASE NOTE: We are including suggested time frames on Agenda items. These times are subject to change at any time during the meeting. LIST OF SITE PLANS AND SUBDIVISIONS APPROVED ADMINISTRATIVELY 11/1/2018 TO 11/30/2018 1. Preliminary Site Plans a. 915 6th Street SE – November 30, 2018 2. Final Site Plans a. 560 Cleveland Avenue Utility Plan– November 8, 2018 3. Site Plan Amendments a. Brody Jewish Center (TMP 6-97) – November 14, 2018 4. Subdivision a. BLA – 739 & 741 Nalle Street – TMP 30-42&43 – October 30, 2018 CITY OF CHARLOTTESVILLE DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT SERVICES STAFF REPORT REQUEST FOR INITIATION OF ZONING TEXT AMENDMENTS PLANNING COMMISSION REGULAR MEETING DATE OF PLANNING COMMISSION MEETING: December 11, 2018 Author of Staff Report: Craig A. Fabio, Assistant Zoning Administrator Date of Staff Report: November 27, 2018 Origin of Request: Clarifications in Response to Board of Zoning Appeals Determination Applicable City Code Provisions: Sec. 34-6 et seq. and Sec. 34-1200 Initiation Process Whenever the public necessity, convenience, general welfare or good zoning practice require, the City Council may, by ordinance, amend, supplement, or change the city’s zoning district regulations, district boundaries, or zoning district classifications of property. Any such amendments may be initiated by: (1) Resolution of the City Council; or (2) Motion of the Planning Commission. (See City Code §34-41(a), which is based on Virginia Code §15.2- 2286(a) (7)). (A rezoning of a particular piece of property can be initiated by Council, Planning Commission, the property owner, owner’s agent, or contract purchaser.) If a person or group seeks to effectuate such a change, the amendment can be initiated by Council or Commission, as required by Code. In such an instance, an applicant will be given the opportunity at a regularly scheduled Planning Commission meeting to present their request, seeking a vote in favor of initiating the amendment. Initiating, in this context, is the action by which the Commission decides whether to begin a formal study on the proposal, or to decline the request. Discussion At the most recent Board of Zoning Appeals (BZA) meeting a determination was made that the City of Charlottesville Zoning Ordinance does not clearly define certain uses as Dwelling Units. Specifically, it was determined that under current regulations a Fraternity is not clearly defined as a Dwelling Unit, overturning a decision made by the Zoning Administrator. This determination could be applicable to Boarding Houses and other similar uses as well. Aside from height and setback requirements, the allowable number of Dwelling Units per Acre (DUA) is the primary factor when determining the maximum allowable use for properties in many districts throughout the City of Charlottesville. The existing DUA allowances were established to limit the impacts of development on neighborhoods, in line with the City of Charlottesville 1 Comprehensive Plan. Boarding House uses generally have occupancy allowances higher than the standard four (4) occupants per Dwelling Unit, and thus arguably an already greater impact on neighborhoods. This determination could allow a property to be developed with the total allowable DUA in addition to a Boarding House. For example, a property with an allowable DUA of twenty (20) could be permitted to construct twenty (20) Dwelling Units, with four (4) occupants per unit, in addition to a Boarding House. The Boarding House would not factor into the DUA and could house dozens of additional occupants. Staff finds this determination to be contradictory to the goals of the Comprehensive Plan and requests initiation of a Zoning Text Amendment to clarify the allowances in the City of Charlottesville Zoning Ordinance. Standard of Review If initiated, the Planning Commission shall review and study each proposed amendment to determine: (1) Whether the proposed amendment conforms to the general guidelines and policies contained in the comprehensive plan; (2) Whether the proposed amendment will further the purposes of this chapter and the general welfare of the entire community; (3) Whether there is a need and justification for the change; and (4) When pertaining to a change in the zoning district classification of property, the effect of the proposed change, if any, on the property itself, on surrounding property, and on public services and facilities. In addition, the Commission shall consider the appropriateness of the property for inclusion within the proposed zoning district, relating to the purposes set forth at the beginning of the proposed district classification. City Code § 34-42 Appropriate Motions Staff supports the Board of Architectural Review’s request for initiation of this zoning text amendment. The Planning Commission has the following options for moving forward: (1) Initiate the process by making a motion such as: “I move to initiate the proposed amendments to the city’s zoning ordinance, to wit: amending Article I, Division 1, Sec. 34-6 General Provision and applicable definitions located in Article X, Sec. 34-1200. (2) Decline to initiate the process, by voting against such a motion. 2 Proposed Code Language Amend the provisions of 34-6, to add a new subparagraph (j), as follows: 34-6. Interpretation of district boundaries; rules of construction. (a)…. (j) For purposes of calculating residential density of development (dwelling units per acre) the following uses shall be counted as one (1) dwelling unit: boarding house; boarding, fraternity and sorority house; convent; monastery; family day home; residential treatment facility. Amend the Definitions within 34-1200, as follows: Dwelling means a building, or portion thereof, serving as a residence for any persons. Dwelling unit means a building, or any portion thereof, containing a one or more rooms within a building comprising complete, independent set of living facilities for residential occupancy by accommodations suitable for occupancy by one (1) or more persons. Complete, independent living facilities include permanent provisions for living, inclusive of all of the following: sleeping, eating, cooking and sanitation. consisting of sleeping, bathroom, and complete kitchen facilities for the exclusive use of such occupants, and having either direct access from the outside of the building or through a common hall to the outside of the building. Dwelling, multifamily (MFD) means a building, or portion thereof, arranged or designed to contain containing three (3) or more dwelling units. Dwelling, single-family attached (SFA) means a building containing only one (1) a single dwelling unit, where (i) the such building the dwelling is attached or connected by a common party wall to one other building containing only one dwelling unit similar building by a common party wall, and (ii) where each individual dwelling unit is designed and constructed so as to permit its sale as an individual unit. Dwelling, single-family detached (SFD) means a freestanding building that contains containing only one (1) primary a single dwelling unit, i.e., a building and such building that has no attachment or connection by a common party wall with to another similar building. Dwelling, townhouse (TH) refers to any one (1) of a series of three or more single-family attached dwellings, under single or multiple ownership, separated from one another by common party walls continuous vertical walls without openings from basement floor to roof. "Series" refers to a row of three (3) or more townhouse dwellings. Add a new definition to sec. 34-1200: Common party wall means a vertical wall shared by two buildings, without any opening(s) from basement floor to roof. Dwelling, two-family (TFD) means a building that contains , or portion thereof, arranged or designed to be occupied by two (2) families, having only two (2) dwelling units neither of which is an accessory apartment. Accessory apartment means a an independent dwelling unit located on a property on which the primary residential structure is a single-family detached dwelling, a townhouse, or a single-family attached dwelling, and the presence and use of such dwelling unit is for residential occupancy and such use which is clearly subordinate to residential occupancy of the primary residential structure. a single-family detached dwelling and in which no more than two (2) persons reside. When an accessory apartment is contained within the primary residential structure of a single family dwelling, such apartment is referred to as constitutes an "interior accessory apartment." Boarding house means a building, or portion thereof, other than a hotel, which contains three (3) or more rooming units. guest rooms designed or intended to be used, let or hired out for occupancy, for monetary compensation, where the rental or leases are for definite periods of time. Meals may or may not be provided, 3 but there is one (1) common kitchen facility. No meals are provided to outside guests. Also commonly known as a rooming house. Add a new definition to Sec. 34-1200: Rooming unit means one or more rooms: (i) forming a single, habitable unit used or intended to be used for sleeping purposes, but which do not contain permanent provisions for living, inclusive of all of the following: sleeping, eating, cooking and sanitation facilities; and (ii) such room(s) are let continuously to an occupant, in return for compensation (with or without meals included), for a period of more than thirty (30) days. Boarding, fraternity and sorority house means a boarding house occupied building, or portion thereof, which contains three (3) or more guest rooms, designed or intended to be used as a place of room/board for by members of a fraternity or sorority officially recognized by a college or university. Meals may or may not be provided, but there is one (1) common kitchen facility. Condominium means a two-family dwelling or a multifamily multiple dwelling or a development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of state and local laws. Dormitory means a boarding house building, or portion thereof, owned or operated by an educational facility, occupied by which provides boarding-house style accommodations exclusively to students, faculty or and employees of such institution. 4 CITY OF CHARLOTTESVILLE DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT SERVICES STAFF REPORT APPLICATION FOR A REZONING OF PROPERTY JOINT CITY COUNCIL AND PLANNING COMMISSION PUBLIC HEARING DATE OF HEARING: December 11, 2018 APPLICATION NUMBER: ZM18-00001 Project Planner: Matt Alfele, AICP Date of Staff Report: March 26, 2018 (updated September 19, 2018, and November 30, 2018) Applicant: Justin Shimp and Charles Hurt Applicants Representative: Justin Shimp with Shimp Engineering, P.C. Current Property Owner: Charles Hurt and Shirley Fisher Application Information Property Street Address: 918 Nassau Street (three unaddressed lots and a portion of one unaddressed lot) Tax Map/Parcels #: Tax Map 61, Parcels 79.17, 79.18, 79.19, & 79.201 and a portion of Tax Map 61, Parcel 79 Total Square Footage/ Acreage Site: Approx. 0.8 acres (34,848 square feet) Comprehensive Plan (General Land Use Plan): Low Density Residential Current Zoning Classification: R-2 Tax Status: Parcels are up to date on payment of taxes. Completeness: The application generally contains all of the information required by Zoning Ordinance (Z.O.) Sec. 34-41. Applicant’s Request (Summary) On April 10, 2018 the Planning Commission held a joint Public Hearing for the rezoning of the Subject Properties from R-2 (Two-Family Residential) to HW (Highway Corridor) with proffered development conditions; and an accompanying SUP request for the same properties to increase density from a by- right zero (0) DUA (dwelling unit per acre) to thirty-two (32) DUA. During the Public Hearing the Planning Commission expressed concerns with the County portion of the development and did not to take any action until Albemarle County granted or denied a rezoning petition. The applicant requested, and received, a deferral by the Planning Commission until the County portion of the development status was resolved. The Planning Commission also Page 1 of 17 requested Albemarle County be aware of the City’s concerns with the project. On April 18, 2018 the Planning Commission sent a letter to Albemarle County’s Planning Commission (Attachment E) Below are the main points from that letter:  Both the City and County portion of the development will only be accessible by way of City streets. Increased traffic and the introduction of lager vehicles (large trucks and equipment for farming and tree transplanting) are a concern.  The City would like to see access for all residents to Moores Creek and Rives Parks. The opportunity for public access easements and new trails needs consideration with this application. The Bicycle and Pedestrian Plan calls for a Shard Use Path along Moores Creek at this location.  The housing component of the development is very important to the City. Unintended consequences of rezoning the City portion of the development could lead to the loss of future housing stock that the current R-2 zoning allows. A rezoning on the City side to Highway Corridor currently requires a Special Use Permit for any density. Of concern is any future development that utilizes by-right commercial or retail uses without a housing component. On September 12, 2018 the Albemarle Board of Supervisors approved an ordinance to rezoning 7.52 acres from LI Light Industrial to RA Rural Areas. For more details on the county’s action see (Ordinance NO. 18-A(5) Attachment F, County Proffer Statement Attachment G, and Albemarle summary of Planning Commission Action Attachment H). Below are key portions of the approved ordinance and proffer statement:  The property will be developed in general accord with the conceptual plan titled “TMP 07700- 00-00-02000: Hogwaller Farm” dated 01-16-2018 and last revised 06-27-18 (Attachment G page 5).  A 100’ riparian buffer will be preserved from the top of Moore’s Creek bank and signed (Attachment G page 6).  Uses on the site are restricted to the uses pursuant to Section 10.2 (3), (6), (7), (9), (21), (27), and (30) (Attachment G page 2).  Any structure(s) within the Flood Hazard Overlay District shall not exceed six hundred (600) square feet of aggregated improved space (Attachment G page 2). Planning Commission held an additional joint Public Hearing on October 9, 2018 for the rezoning of the Subject Properties. During the hearing, concerns were raised with the application regarding the Use Matrix, number of affordable units, and stormwater. The applicant requested a deferral in order to hold a work session with the Planning Commission to address these concerns in more detail. On October 30, 2018 the Planning Commission held a work session with the applicant and the provided the following direction:  Concern with the name of the development. o The Human Rights Commission was contacted regarding the name of the development and any derogatory connotation. Staff was informed that this matter would be discussed at the November 15, 2018 meeting. Staff has repeatedly followed up with the Human Rights Commission on this matter, but Page 2 of 17 as of the date of this report no information has been provided.  Concern with the size of any future by-right commercial or retail development. o The applicant has updated their proffer statement to reflect a 4,000sqft gross floor maximum for any singular commercial use on site (Attachment C).  Concern with “Convenience Store” use and what that could be. o Staff recommended to the applicant to get a Zoning Determination from the Zoning Administrator on what a “Convenience Store” is. No action was taken on this recommendation.  Concern over Special Uses that remained in the proffered use matrix. o Staff consulted with the City Attorney’s Office and it was determined that SUPs could be removed from a proffered use matrix. The applicant updated their proffer statement to remove all SUPs, with the exception of Utility Facilities, Farmer’s Markets, and Outdoor Parks (Attachment C).  Concern not enough affordable units would be provided within the development. o The applicant updated their proffer statement (Attachment C) related to affordable housing: NEW PROFFER OLD PROFFER AFFORDABLE HOUSING: Contingent upon AFFORDABLE HOUSING: Contingent upon approval of residential density on site, the approval of residential density on site, the Owners shall reserve ten percent (10%) of Owners shall provide on-site for rent the units built on the Property for on-site Affordable Dwelling Units (as defined For-Rent Affordable Dwelling Units (as herein) equal to 15% (fifteen percent) of the defined herein). The units will remain Floor Area Ratio (“FAR”) of the residential affordable for a period of twelve (12) years square footage of the project, given the from issuance of certificate of occupancy. project does not exceed 1.0 Floor Area Ratio FOR-RENT AFFORDABLE DWELLING (“FAR”). If the project exceeds 1.0 FAR, the UNITS: For-Rent Affordable number of affordable units provided shall be Dwelling Units shall rent at a rate making determined by Section 34-12 of the City of the units affordable to households with Charlottesville Zoning Ordinance, Codified incomes at not more than 50% of the area through March 5, 2018. median income (“AMI”) for the FOR-RENT AFFORDABLE HOUSING: For- Charlottesville Metropolitan Area published rent affordable units shall rent at a rate annually by the United States making the units affordable to households Department of Housing and Urban with incomes at not more than Development (“HUD”). 80% of the area median income for a period of not more than 15 (fifteen) years.  Concern with how stormwater will be handled for the development. o Staff has updated their analysis. See page 11 for the updated analysis. Justin Shimp (Shimp Engineering) on behalf of Charles Hurt and Shirley Fisher (landowners) have submitted a rezoning petition for Tax Map 61 Parcels 79.17, 79.18, & 79.19, 918 Nassau Street, and a portion of Tax Map 61 Parcel 79 (Subject Properties). The rezoning petition Page 3 of 17 proposes a change in zoning from the existing R-2 Two-family Residential to HW Highway Corridor with proffered development conditions. The proffered conditions include (Attachment C): (i) Maximum height of buildings: Any structures(s) located on the property shall not exceed thirty-five (35) feet in height, where height is the vertical distance measured perpendicularly from grade from the highest point on such building or structure; (ii) Future land uses: (a) The gross floor area of any singular commercial use shall not exceed 4,000 square feet. This shall not prohibit the gross floor area of multiple commercial uses from exceeding 4,000 square feet; (b) The land uses permitted on the Subject Properties are found in the HW Corridor Sec. 34-796 use matrix, but prohibits the following; Adult assisted living greater than 8 residents. Bed-and-breakfasts homestays, B&Bs, Inns, convent/monastery, nursing homes, residential treatment facility over 8 residents, shelter care facilities, amusement centers, animal boarding/grooming/kennels without outside runs or pens, art galleries, auditoriums, amphitheaters, automotive services, banks/financial institutions, bowling alleys, car washes, catering business, health clinics, veterinary clinics, private clubs, data centers, dry cleaning establishments, elementary schools, high schools, artistic instruction up to 4,000 SF, electronic gaming cafes, hotels/motels, laundromats, libraries, small breweries, movie theaters, municipal buildings, museums, music halls, offices, outdoor storage, public recreational facilities, fast food restaurants, full service restaurants, taxi stands, transit facilities, consumer service businesses over 4,001 SF, home improvement centers, pharmacies, shopping centers, shopping malls, retail stores over 4,001 SF, laboratories, and printing/ publishing facilities; (iii) Affordable housing; contingent upon approval of residential density on site, the owners shall reserve ten percent (10%) of the units built on the Property for on-site for-rent affordable dwelling units (as defined herein). The units will remain affordable for a period of twelve (12) years from issuance of certificate of occupancy. For-rent affordable dwelling units shall rent at a rate making the units affordable to households with incomes at not more than 50% of the area median income (“AMI”) for the Charlottesville Metropolitan Area published annually by the United States Department of Housing and Urban Development (“HUD”). Page 4 of 17 Vicinity Map County portion of the development Zoning Map County portion of the development Gray: County Land, Orange: (R-2) Residential Two-family, Yellow: (R-1S) Residential Single- Family, Purple: (HW) Highway Corridor, Green Stripped: Park Page 5 of 17 2016 Aerial 2013 Comprehensive Plan Land Use Map Yellow: Low Density Residential, Purple: Mixed Use, & Green: Park or Preserved Open Space, White: County Page 6 of 17 Standard of Review City Council may grant an applicant a rezoning request, giving consideration to a number of factors set forth within Z.O. Sec. 34-41. The role of the Planning Commission is and make an advisory recommendation to the City Council, as to whether or not Council should approve a proposed rezoning based on the factors listed in Z.O. Sec. 34-41(a): (a) All proposed amendments shall be reviewed by the planning commission. The planning commission shall review and study each proposed amendment to determine: (1)Whether the proposed amendment conforms to the general guidelines and policies contained in the comprehensive plan; (2)Whether the proposed amendment will further the purposes of this chapter and the general welfare of the entire community; (3)Whether there is a need and justification for the change; and (4)When pertaining to a change in the zoning district classification of property, the effect of the proposed change, if any, on the property itself, on surrounding property, and on public services and facilities. In addition, the commission shall consider the appropriateness of the property for inclusion within the proposed zoning district, relating to the purposes set forth at the beginning of the proposed district classification. Preliminary Analysis The applicant is proposing to rezone the subject properties from R-2 to HW and is congruently requesting a Special Use Permit for a density of 32 dwelling units per acre (DUA) to facilitate the development of an urban farm. The development will consist of thirty (30) dwelling units within two (2) buildings. The development will also contain a large greenhouse and a retail farm store. Additional parking, farm sheds, and agricultural fields supporting the development are proposed on an adjacent 7.52 acre county parcel (approved by the County on September 12, 2018). Under the current zoning the subject properties could accommodate five (5) two-family dwellings in the current configuration for a total of ten (10) units. If rezoned to HW the subject properties DUA would be:  By-right: zero (0) dwelling unit per lot= zero (0) units on the subject properties. Z.O. Sec. 34-796 prohibits all dwelling types with the exception of Multifamily, which is by-right. Z.O. Sec. 34-740 requires a special use permit for any density above zero (0).  Special Use Permit (per Z.O. Sec. 34-740) (maximum) forty-three (43) DUA = thirty-four (34) units on the subject properties. *These numbers reflect the acres of the rezoning application. The proposed development, as a whole, will include an additional 0.14 acres that is already zoned HW. The proposed development, as described in the SUP application (SP18-00004), will allow a maximum of thirty (30) dwelling units (0.94 acres X 32 = 30 units based on preliminary data). Page 7 of 17 Zoning History of the Subject Property Year Zoning District 1949 B-2 Business 1958 R-2 Residential 1976 R-2 Residential 1991 R-2 Residential 2003 R-2 Residential Sec. 34-42 1. Whether the proposed amendment conforms to the general guidelines and policies contained in the comprehensive plan; a. Land Use The applicant’s own analysis of the development’s consistency with the Comprehensive Plan, as required by Z.O. Sec. 34-41(d)(2), is provided in the Background section of the proposed rezoning application (Attachment B). Staff Analysis The Subject Properties are currently zoned R-2 which is one of the most restrictive zoning categories in the City. All by-right, provisional, and special uses allowed within this zoning district are Residential and Related per Z.O. Sec. 34-420 and single-family attached and two-family are the most common of these uses. The 2013 Comprehensive Plan Land Use Map indicates the Subject Properties remain low-density residential. The land use section of the comprehensive plan indicates all single or two-family type housing and a density less than fifteen (15) DUA is Low Density. High Density are locations with a DUA over fifteen (15) or locations with multi- family housing types (townhouses, apartment, condominiums). The applicant is requesting a rezoning of the Subject Properties to HW Highway Corridor in conjunction with an SUP application to accommodate a high density development. Z.O. Sec. 34-541, Highway Corridor is considered Mixed Use. The 2013 Comprehensive Plan Land Use Map describes Mixed Use as areas intended to be zones where the City encourages development of a moderate or high intensity, and where a large variety of uses will be permitted. The HW zoning district allows no residential density by-right, but allows up to forty-three (43) DUA with a special use permit. Unlike the R-2 district, the HW limits by-right Page 8 of 17 residential uses to things such as residential treatment facilities, bed-and- breakfasts, and convent/monastery. Single-family attached and detached homes are not permitted within the HW zoning districts. Multifamily dwelling units (any structure with three or more units in it) are the only type of dwelling unit allowed in the HW districts, but no density is allowed without a Special Use Permit. The majority of by-right, provisional, and special uses allowed within the HW zoning districts (per Z.O. Sec. 34-796) are commercial and retail in nature. Some examples are; gas stations, health clinics, and shopping centers. In the narrative statement the applicant is proposing thirty (30) residential units in two (2) buildings consisting of one and two-bedroom units. The applicant is also proposing a row of greenhouses and an approximately six hundred (600) square foot retail farm store. The applicant’s preliminary proffer statement retains a majority of by-right uses and only three (3) special uses (Utility Facilities, Farmer’s Markets) associated with the HW zoning district, but does remove uses that would require large footprints such as data centers and shopping centers. All automobile uses, such as gas station and sales are removed from the proposed proffered use matrix. For a full list of uses and to see a comparison to the existing HW use matrix see Attachment C. According to the Comprehensive General Land Use Plan Map, multifamily apartments with (30) units is considered High Density and a retail farm store (Z.O. Sec. 34-796 other retail stores (non-specified) up to 4,000 square feet) within the same development is considered Mixed Use. These uses are not consistent with the 2013 Comprehensive General Land Use Plan Map. The Subject Property is bordered by: Direction Zoning District Current Use East *7.52 acres of Vacant floodplain and floodway land that abuts county land Moores Creek South HW **Vacant parcel West R-1S Residential Homes and Rives Park North R-2 Residential Homes and Vacant parcels *The 7.52 acres of county land is part of the proposed development and would serve as farm land supporting the City’s portion of the development. The parcel of land was rezoned from Light Industrial to Rural Areas by the Albemarle Board of Supervisors on September 12, 2018 (Attachment F) **The vacant parcel to the south is part of the proposed development, but is already Page 9 of 17 zoned HW. The lot is part of the accompanying SUP application (SP18-00004). Staff finds the proposed rezoning is not consistent with the City’s Comprehensive General Land Use Plan Map, but may contribute to other goals within the Land Use chapter of the Comprehensive Plan. As the subject properties are centrally located to single family, multi-family, and green spaces, a higher residential density on Nassau Street, at this location, could contribute to Goal 2.3 (Enhance pedestrian connections between residence, commercial centers, public facilities, amenities and green space.). It should be noted that rezoning, on its own, will lower the existing density to zero (0). Staff analysis is of the proposed development as presented within the application materials (Attachment A, B, & C). Planning Commission should consider the implications of the development as presented in the application materials, but also the implications of a rezoning without the SUP. Staff is concerned about the potential intensity of future land uses encroaching down Linden Avenue into the fabric of the lower density neighborhood that surrounds Rives Park. In addition to the rezoning request, the applicant is also submitting an application for a SUP (SP18- 00004) to build thirty (30) one and two-bedroom units on the subject properties. The proposed use in the SUP application (residential) is consistent with the current uses near the subject properties (three story residential buildings are located just south of the subject property at Linden and Nassau), but this residential use is part of a larger development that includes a farming component (located in the county). Although the farming portion of the development will be located outside the City, ingress and egress, a farm store, and a large greenhouse will all be located within the City. The Planning Commission should look at the development as a whole as activities on the county portion of the project will directly impact City residents and infrastructure. b. Community Facilities The applicant’s own analysis of the development’s consistency with the Comprehensive Plan, as required by Z.O. Sec. 34-41(d)(2), is provided in the Background section of the proposed rezoning application (Attachment B). Staff Analysis Community Facilities (Fire, Police, and Parks) reviewed the application and finds the development would be serviced by existing fire and police. A change in use from R-2 to HW will have no impacts to existing community facilities. Parks reviewed the application as it relates to Rives Park and finds the addition of thirty (30) residential units, as presented, will have no impact on the park. The City’s Parks department is currently looking at the property adjacent to the development (tax Map 61 791) for green space and access to Moores Creek. Page 10 of 17 c. Economic Sustainability The applicant’s own analysis of the development’s consistency with the Comprehensive Plan, as required by Z.O. Sec. 34-41(d)(2), is provided in the Background section of the proposed rezoning application (Attachment B). Staff Analysis Staff finds no conflict with Chapter 3 (Economic Sustainability) of the Comprehensive Plan with a change of use from R-2 to HW. d. Environment The applicant’s own analysis of the development’s consistency with the Comprehensive Plan, as required by Z.O. Sec. 34-41(d)(2), is provided in the Background section of the proposed rezoning application (Attachment B). Staff Analysis The City’s Public Works Department and Utilities Department reviewed the proposed development and provided the following analysis: Stormwater management requirements for water quality and quantity should be accomplished for the site as a whole (both the City and County parcels), rather than as independent parcels/sites. In order to achieve this, a coordinated review between the City and County, or a review by the Virginia Department of Environmental Quality on behalf of the City and the County, will be necessary. Code of Virginia: §62.1-44.15:32(B) – Duties of the Department The Department is authorized to review the stormwater management plan for any project with real or potential interjurisdictional impacts upon the request of one or all of the involved localities to determine that the plan is consistent with the provisions of this article. Any such review shall be completed and a report submitted to each locality involved within 90 days of such request being accepted. The Department may charge a fee of the requesting locality to cover its costs for providing such services. This approach is supported by Goal 4.4 of the Land Use Chapter of the Comprehensive Plan, “Coordinate with Albemarle County on matters of land use that cross the jurisdictional border.”, as well as Goal 1.2 of the Environment Chapter, “Continue collaboration and cooperation with Rivanna Watershed stakeholders, including Albemarle County…focusing on watershed and stormwater management”. The County portion of the site affords ample space to accomplish the stormwater management requirements, though the fact that the entire site is almost completely within the limits of the 100-year floodplain limits potential stormwater management strategies. The applicant states in their Rezoning and Special Use Permit Narrative, “Stormwater runoff will largely be mitigated on the site of the development (city and county parcels) through an undisturbed riparian buffer and proposed tree plantings.” This can only be accomplished if the County Page 11 of 17 portion of the site, where the undisturbed riparian buffer lies, is allowed to be utilized for compliance with stormwater management requirements. This approach would also make it much more realistic for all stormwater management requirements to be met on-site, and avoid the need to purchase off-site nutrient credits, which is the Environmental Sustainability Division’s strong preference. As Moores Creek suffers from excessive levels of bacteria and sediment and is consequently listed as an impaired waterway, it is critical for the health of the stream to manage stormwater on-site. e. Housing The applicant’s own analysis of the development’s consistency with the Comprehensive Plan, as required by Z.O. Sec. 34-41(d)(2), is provided in the Background section of the proposed rezoning application (Attachment B). Staff Analysis The City’s Housing Development Specialist reviewed the application and finds the uses which could occur as part of a HW development, such as apartment buildings (with a SUP); on the subject properties could contribute to Goals 3.6, 8.1, & 8.2 in the Housing chapter of the Comprehensive Plan. According to Sec. 34-12 the applicant is not required to provide on or off site affordable housing, or payment into the City’s Affordable Housing Fund. Although the applicant is not required per Z.O. Sec. 34-12 to provide affordable housing, affordable units are part of the proposed development’s proffer statement. Proffer number 3 indicates: Contingent upon approval of residential density on site, the Owners shall reserve ten percent (10%) of the units built on the Property for on-site. For-Rent Affordable Dwelling Units (as defined herein). The units will remain affordable for a period of twelve (12) years from issuance of certificate of occupancy. For-Rent Affordable Dwelling Units shall rent at a rate making the units affordable to households with incomes at not more than 50% of the area median income (“AMI”) for the Charlottesville Metropolitan Area published annually by the United States Department of Housing and Urban Development (“HUD”). In the materials as proposed, two (2) units within the development would be affordable under this proffer language and rent for around $1,200 at current 80% AMI. Although staff is in favor of increasing affordable units throughout the City, we would like to see a more defined period of time other than “not more than 15 years”. A defined period of five (5), ten (10), or fifteen (15) years would give more certainty in calculating future affordable needs. Under the proposed proffer language the affordable aspect could be satisfied by providing units for any amount of time up to fifteen (15) years. Page 12 of 17 f. Transportation The applicant’s own analysis of the development’s consistency with the Comprehensive Plan, as required by Z.O. Sec. 34-41(d)(2), is provided in the Background section of the proposed rezoning application (Attachment B). Staff Analysis The City’s Traffic Department reviewed the application materials and finds the uses which could occur as part of a HW development, such as an apartment building (with an SUP); on the subject properties could contribute to Goals 1.2 & 2.6 in the Transportation chapter of the Comprehensive Plan and section 4.1 of Streets that Work. Staff is concerned that “farming” activities could include a wide range of vehicular traffic that are not suitable for a Local road, as designated by Streets that Work typology. Small low impact farming could be compatible with a Local Street Typology if it does not include large tractor trailers continuously making deliveries and pickups. Larger scale farming could produce the type of traffic more suitable for an Industrial type Street Typology. g. Historic Preservation & Urban Design The applicant’s own analysis of the development’s consistency with the Comprehensive Plan, as required by Z.O. Sec. 34-41(d)(2), is provided in the Background section of the proposed rezoning application (Attachment B). Staff Analysis Staff finds the uses which could occur as part of a HW development, such as an apartment building, (with a SUP) on the subject properties could contribute to Goal 1.3 & 1.4 in the Historic Preservation & Urban Design chapter of the Comprehensive Plan. 2. Whether the proposed amendment will further the purposes of this chapter and the general welfare of the entire community; The applicant’s own analysis of the development’s furtherance of the general welfare of the entire community is provided in the Background section of the proposed rezoning application (Attachment B). Staff Analysis Staff finds that a land use change from R-2 to HW, with a SUP for density as noted in the applicant’s narrative statement, could benefit the surrounding community by providing additional residential housing options. The development, as noted in the applicant’s narrative statement, could also benefit the surrounding community by providing access to local agricultural products. Staff finds that should the rezoning be granted without a SUP for density the community would lose residential housing options. 3. Whether there is a need and justification for the change; The applicant has provided information on the factors that led to a request to rezone the subject properties from R-2 to HW in the Narrative section of their Page 13 of 17 application (Attachment B). Staff Analysis According to the City’s 2013 Land Use Map, this portion of the City should be Low Density Residential with a DUA under fifteen (15). The existing development pattern along Nassau Street is currently consistent with the current Land Use Map. Most of the parcels in this area are single, two-family homes, or vacant. Rezoning the subject properties from R-2 to HW could contribute to many of the goals in the City’s 2013 Comprehensive Plan, but would not be consistent with the existing pattern of development along Nassau Street. Rezoning to HW (without a SUP) would keep the DUA under fifteen (15) per the Land Use Map, but it should be noted that Sec. 34-796 indicates the residential dwelling type “Multifamily” is a by- right use in the HW districts, but Sec. 34-740 states any “density” requires a SUP. 4. When pertaining to a change in the zoning district classification of property, the effect of the proposed change, if any, on the property itself, on surrounding property, and on public services and facilities. In addition, the commission shall consider the appropriateness of the property for inclusion within the proposed zoning district, relating to the purposes set forth at the beginning of the proposed district classification. The location of the subject properties are currently served by existing public utilities and facilities. The applicant has provided a narrative statement on adverse effects and mitigation in their application materials (Attachment B). Staff Analysis Any development on the subject properties would be evaluated during site plan review and need to meet all current regulations related to public utilities and facilities. Due to the location of the subject properties, staff believes all public services and facilities would be adequate to support development. The purposes set forth per Z.O. Sec. 34-350(b) and Z.O. Sec. 34-541(9) are: Two-family (R-2). The two-family residential zoning districts are established to enhance the variety of housing opportunities available within certain low-density residential areas of the city, and to provide and protect those areas. There are two categories of R-2 zoning districts: R-2, consisting of quiet, low-density residential areas in which single-family attached and two-family dwellings are encouraged. Included within this district are certain areas located along the Ridge Street corridor, areas of significant historical importance. Highway Corridor district. The intent of the Highway Corridor district is to facilitate development of a commercial nature that is more auto oriented than the mixed use and neighborhood commercial corridors. Development in these areas has been traditionally auto driven and the regulations established by this ordinance continue that trend. This district provides for intense commercial development with very limited residential use. It is intended for the areas where Page 14 of 17 the most intense commercial development in Charlottesville occurs. In relation to the purposes set forth at the beginning of the proposed district classification, staff finds the development would not meet the intent. The Highway Corridor district should facilitate development of a commercial nature that is auto oriented with very limited residential use (Z.O. Sec. 34-541(9). The proposed development (as stated in the application materials) would be mainly residential in nature with a small retail (farm store) and commercial (farm) component. Public Comments Received Community Meeting Required by Z.O. Sec. 34-41(c)(2) On September 11, 2017 the applicant held a community meeting at Clark Elementary. The applicant gave an overview of the project as it related to the need for a rezoning and a SUP. The community voiced the following concerns with the proposed development:  View from Linden Avenue could be blocked.  The development could have an adverse impact on Moores Creek.  What type of development could happen in the floodplain? Other comments included:  Appreciation for proposing an initiative “urban farm”.G  Providing affordable units. On April 10, 2018 the Planning Commission held a joint Public Hearing with City Council. Two (2) members of the public spoke and expressed the following:  The development should provide a trail to Moores Creek.  Any development should not include bringing in fill to the floodplain.  Concerned the applicant is only looking for density and will not provide any amenities or farm. On October 9, 2018 the Planning Commission held a joint Public Hearing with City Council. Four (4) members of the public spoke and expressed the following:  Concerns with any development in the Floodplain.  Concern with traffic and a large building near single family homes. Other comments included:  The concept of a small urban scale farm with hosing is interesting, but more information is need on how it could impact the environment. On October 30, 2018 the Planning Commission held a Work Session and seven (7) members of the public spoke. The expressed the following:  Concerns that the development will not have enough public amenities like trees and benches.  How will stormwater be managed on site?  Development should not happen in the floodplain.  The soil needs to be tested prior to development. Other comments included:  The City needs more affordable housing and this development will provide that.  Regulations and codes currently in place will result in this being a good Page 15 of 17 development that will have no impact on the environment.  A lot of the younger population that lives need the proposed development are excited about it and believe it will be good for the City. As of the date of this report, staff has received two (2) emails related to the rezoning or SUP application and four (4) phone calls. The emails our department received were forwarded to Planning Commission and City Council. The following concerns were expressed:  No access to the development from the County side  30 units at this location could have an adverse impact on Moores Creek.  One of the buildings would be too close to the road.  The building should be turned so the short end is facing the street and not the long street wall.  Building in the floodplain should not be allowed and the soil should be tested to see if it is suitable for food production.  Are there wetlands on the site? Staff Recommendation Staff finds the proposed development, as presented in the application materials could contribute to many goals of the City’s Comprehensive Plan. Staff finds that the by-right uses for HW as outline in Z.O. Sec. 34-796, are a mix of appropriate and inappropriate uses for the subject properties. The residential, retail, and most of the commercial uses would be appropriate in this area. The applicant has removed most of the SUP from the use matrix that would be inappropriate for this are and the three (3) that remain could be appropriate depending on conditions. Any SUP would require additional review by staff, Planning Commission, and City Council. Should the development proceed as proposed in the application and narrative, staff finds that a small scale urban farm could benefit the City in this area by providing access to local produce. A mix of single family and multifamily developments are within a 6 minute walk of the subject properties. The only other local store within walking distance is the BP at the corner of Druid Avenue and Monticello Road. Summarizing the Standard of Review, staff finds: 1. Whether the proposed amendment conforms to the general guidelines and policies contained in the comprehensive plan. Staff finds the proposed rezoning (as presented in the application materials) would not comply with the City’s Comprehensive General Land Use Plan Map, but would contribute to other chapters of the City’s 2013 Comprehensive Plan. 2. Whether the proposed amendment will further the purposes of this chapter and the general welfare of the entire community. Staff finds the proposed rezoning (as presented in the application materials) would further the purposes of this chapter and the general welfare of the entire community. 3. Whether there is a need and justification for the change. Staff finds no justification for the proposed rezoning. 4. When pertaining to a change in the zoning district classification of property, the effect of the proposed change, if any, on the property itself, on Page 16 of 17 surrounding property, and on public services and facilities. In addition, the commission shall consider the appropriateness of the property for inclusion within the proposed zoning district, relating to the purposes set forth at the beginning of the proposed district classification. Staff finds the proposed rezoning (as presented in the application materials) would have no impact on public services or facilities, but would not meet the intent of the Highway Corridor district as defined within the proposed district classification. Suggested Motions 1. I move to recommend approval of this application to rezone the subject properties from R-2, to HW, on the basis that the proposal would service the interests of the general public and good zoning practice. OR, 2. I move to recommend denial of this application to rezone the subject properties from R-2 to HW, on the basis that the proposal would not service the interests of the general public and good zoning practice. Attachments A. Rezoning Application Dated January 22, 2018 B. Applicant’s Narrative Statement and supporting documents dated March 16, 2018 and revised September 6, 2018. C. Preliminary Proffer Statement and Use Matrix Dated Undated E. Planning Commission’s letter to Albemarle County Dated April 18, 2018 F. Albemarle Ordinance NO. 18-A(5) G. County Proffer Statement signed August 20, 2018 H. Albemarle Summary of Planning Commission Action Page 17 of 17 Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment B Hogwaller Farm Rezoning & Special Use Permit Narrative March 16, 2018 Revised: September 6, 2018 RE: Rezoning and Special Use Permit Narrative, TMP 61-79 (portion), 61-79.16, 61-79.17, 61-79.18, 61-79.19, and 61-79.201 Shimp Engineering is applying for a rezoning in accordance with Sec. 34-41 of the Charlottesville Zoning Ordinance, to rezone TMP 61-79.17, 61-79.18, 61-79.19, 61-79.201, and a portion of 61-79 from R-2 (Residential) to HW (Highway Corridor). Contingent upon rezoning approval, Shimp Engineering is applying concurrently for a special use permit in accordance with Sec. 34-158, to allow for residential units in a HW district on the aforementioned parcels and TMP 61- 79.16. The proposed 30 (thirty) multifamily units on the approximately .94 acre site will be part of an innovative urban farm development comprised of City and County parcels, where the residential structures will be built on City parcels adjacent to a County parcel (TMP 77-20) that is intended to be utilized for agricultural production. It is the intent for the City parcels to also accommodate a greenhouse and a retail shop for farm sales; both uses, greenhouse and retail, are allowed by-right in a HW district. The proposed development does not trigger affordable housing provisions per Sec. 34- 12, however, the applicant wishes to provide two affordable units as a condition of approval for the requested special use permit. Project Outline: Parcels: 61-79 (portion), 61-79.16, 61-79.17, 61-79.18, 61-79.19, and 61-79.201 Current Zoning: HW: 61-79.16; R-2: 61-79 (portion), 61-79.17, 61-79.18, 61-79.19, and 61-79.201 Proposed Zoning: HW on all parcels Existing Use: Vacant and Residential Proposed Use: Residential with affordable units, greenhouse for agricultural production, farm stand for potential farm sales Current Conditions: TMP 61-79.201 has an existing single family dwelling and the remaining parcels are vacant. The parcels have a clearing towards the northwest boundaries fronting on Nassau St. and are lightly wooded towards the rear of the lots. A portion of TMP 61-79.16, 61-79.17, 61-79.18, and 61-79.19 are in the floodplain. Parcels 61-79.201 and 61-79 (portion) are entirely in the floodplain. There are a few steep slopes on the property and there are no critical slopes present on the property. Proposed Use: The development proposal for this property consists of two multi-family structures: one three story structure with 18 (eighteen) one-bedroom units and one three story structure with 12 (twelve) two-bedroom units, for a total of 30 (thirty) units. This multi-family housing development will be part of an innovative urban farm that will encompass both City and County parcels, where housing, including affordable units, will be provided on the City parcels and the County parcel will be dedicated to agricultural purposes. A greenhouse, allowed by right, in a Highway zoning district will be located on the City parcels. Additionally, a farm stand of approximately 600 square feet will be located on the city portion of the Attachment B development and will house future farm sales. The farm retail building will not exceed 4000 square feet, the maximum allowable square footage for retail use in a highway district. The development proposal includes proffered conditions for use and structure height in a HW zoning district. Affordable Housing Data: There are currently no supported affordable units on the property. No units are required to be designated as affordable in the proposed development, per Sec. 34-12 of the Charlottesville City Zoning Ordinance, however, the applicant wishes to provide two affordable units as a condition of special use permit approval. The affordable units will rent at a rate affordable to those making up to 80% of the area median income (AMI). The GFA of the residential structures, as proposed, on the property does not exceed 25,000 square feet. Given the site is approximately .94 Ac (40,946 square feet), the FAR of the site is .6. Surrounding Uses: The immediate surrounding is entirely residential. R-2 parcels with single family dwellings are northeast of the development. R-1S parcels with single family dwellings are across Nassau St. opposite the proposed development. Parcels zoned HW are south of the development. Southwest of the development along Linden Ave there are existing multi-family structures and townhomes. Consistency with Comprehensive Plan: The first goal of the Land Use Chapter of the Comprehensive Plan states, “enhance the sense of place throughout Charlottesville.” A unique development like Hogwaller Farm will inherently foster a sense of place by tying into the agricultural heritage of the area along Moore’s creek as the site of the livestock exchange and by serving as a unique residential model in Charlottesville. The second goal of the land use chapter is to, “establish a mix of uses within walking distance of residential neighborhoods that will enhance opportunities for small group interaction throughout Charlottesville.” The communal spaces within the residential development will facilitate resident interaction as well as allow for interaction between and among farm visitors. Goal 3 of the Housing Chapter is to, “grow the City’s housing stock for residents of all income levels.” Hogwaller Farm aligns with this goal because the proposed development offers a variety of housing options, in the form of one and two bedroom units in two multi-family structures. These units will be more affordable than the existing predominant housing stock in Belmont, the single family dwelling. The residential units proposed at Hogwaller Farm will directly contribute to achieving the City’s goal of “15% supported affordable housing by 2025,” by providing two affordable units. Compliance with USBC Provisions The proposed development will be in compliance with all applicable USBC provisions. Impacts on Public Facilities and Public Infrastructure: The project will have a minimal environmental footprint, and seeks to mitigate any ill effects. Stormwater runoff will largely be mitigated on the site of the development (city and county parcels) through an undisturbed riparian buffer and proposed tree plantings. Attachment C Original Proffers _______ Amendment ________ PROFFER STATEMENT Rezoning: Hogwaller Farm Tax Map and Parcel Number: 61-79 (portion), 61-79.17, 61-79.18, 61-79.19, and 61- 79.201 Owner: Franklin St. Land Trust II; Charles Wm Hurt & Shirley L Fisher, Trustees PO Box 8147 Charlottesville, VA 22906 Franklin St. Land Trust III; Justin M. Shimp, Trustee PO Box 8147 Charlottesville, VA 22906 Virginia Land Trust; Charles W Hurt, Et al, Trustees PO Box 8147 Charlottesville, VA 22906 Date of Proffer Signature: Subject properties to be rezoned from R-2 to HW Franklin St. Land Trust II is the owner of Tax Map Parcel 610079000 (the “Land Trust II Property”). Franklin St. Land Trust III, is the owner of Tax Map and Parcel Number 610079170, 610079180, 610079190 (the “Land Trust III Property”). Virginia Land Trust is the owner of Tax Map and Parcel Number 610079201 (together with the Land Trust II Property and the Land Trust III Property, the “Property”). The Property is the subject of rezoning application ZM18- 00001, a project known as “Hogwaller Farm.” Pursuant to Division 4 of the City of Charlottesville Zoning Ordinance (Chapter 34 of the City of Charlottesville Code), the Owners hereby voluntarily proffer the conditions listed below which shall be applied to the Property if it is rezoned to the requested zoning district, highway commercial (HC). These conditions are proffered as a part of the requested rezoning and the Owners acknowledge that the conditions are reasonable. Each signatory below signing on behalf of the Owners covenant and warrant that it is an authorized signatory of the Owners for this Proffer Statement 1. FUTURE USES: (a) The gross floor area of any singular commercial use shall not exceed 4,000 square feet. This shall not prohibit the gross floor area of multiple commercial uses from exceeding 4,000 square feet. (b) The use of the Property shall be restricted to the following by right uses pursuant to Section 34-796 of the City of Charlottesville Zoning Ordinance, Codified through Attachment C March 5, 2018, a copy of which is incorporated herein, inclusive of modifications as shown in strikethrough typeface: 9/4/2018 Charlottesville, VA Code of Ordinances Sec. 34-796. - Use matrix—Mixed use corridor districts. Attachment C The uses and residential densities allowed within the city's mixed use corridor districts are those identi ed within the matrix following below. (For a list of each of the city's zoning districts and their abbreviations, see section 34-216). A = Ancillary use DUA = dwelling units per acre P = provisional use permit B = by-right use GFA = gross oor area S = special use permit CR = commercial/residential MFD = multifamily development T = temporary use permit M = mixed use development M/S = mixed use or special use A/S = Ancillary or special use permit permit Use Types ZONING DISTRICTS D DE DN WME WMW CH HS NCC HW WSD URB SS CD CC RESIDENTIAL AND RELATED USES Accessory apartment, P internal Accessory apartment, P external Accessory buildings, B B B B B B B B B B B B B B structures and uses (residential) Adult assisted living 1—8 residents B B B B B B B B B Greater than 8 residents S B S S S Adult day care B Amateur radio antennas, to B a height of 75 ft. 1/14 Attachment C 9/4/2018 Charlottesville, VA Code of Ordinances Bed-and-breakfasts: Homestay B B B B B B B B B B B B B B B&B B B B B B B B B B B B B B B Inn B B B B B B B B B B B B B B Boarding: fraternity and S sorority house Boarding house (rooming S house) Convent/monastery B B B B B B B S B B B B B B Criminal justice facility B Dwellings: Multifamily M B B M M B B M B M B M M B Single-family attached B B B B B B B B B Single-family detached B B B B B B B B B Townhouse S S B Two-family B Family day home 1—5 children B B B B B B B B B 6—12 children Home occupation P P P P P P P P P P P P P P Manufactured home parks Night watchman's dwelling unit, accessory to industrial use 2/14 Attachment C 9/4/2018 Charlottesville, VA Code of Ordinances Nursing homes B S S S Occupancy, residential 3 unrelated persons 4 unrelated persons B B B B B B B B B B B B B B Residential treatment facility 1—8 residents B B B B B B B B B B B B B B 8+ residents S S S S S S S S S S S S S Shelter care facility S S S S S S S S S S S S S Single room occupancy S S S S S S S S S S S S facility Temporary family health T T T T T T T T T care structure NON-RESIDENTIAL: GENERAL AND MISC. COMMERCIAL Access to adjacent multifamily, commercial, industrial or mixed-use development or use Accessory buildings, B B B B B B B B B B B B B B structures and uses Amusement center S S S S S B S S S S Amusement enterprises (circuses, carnivals, etc.) Amusement park (putt-putt golf; skateboard parks, etc.) 3/14 Attachment C 9/4/2018 Charlottesville, VA Code of Ordinances Animal boarding/grooming/kennels: With outside runs or pens Without outside runs or B S S pens Animal shelter Art gallery: GFA 4,000 SF or less B B B B B B B B B B B B B B GFA up to 10,000 SF B B S B B S B S B B S Art studio, GFA 4,000 SF or B B B B B B B B B B B B B B less Art workshop B B B B B B B B B B B B B B Assembly (indoor) Arena, stadium (enclosed) Auditoriums, theaters Maximum capacity less B B S B B S S B B S S than 300 persons Maximum capacity greater S S S S S than or equal to 300 persons Houses of worship B B B B B B B B B B B B B B Assembly (outdoor) Amphitheater B S S S S S S B S B S S Arena, stadium (open) Temporary (outdoor T T T T T T T T T T T T T T church services, etc.) 4/14 Attachment C 9/4/2018 Charlottesville, VA Code of Ordinances Assembly plant, handcraft S Assembly plant Automobile uses: Auto parts and equipment B B B B S B sales Gas station S S B S Rental/leasing B S Repair/servicing business S B S B S Sales S B S Tire sales and recapping B B B Bakery, wholesale GFA 4,000 SF or less B B B B B B B B B B B B B B GFA up to 10,000 SF Banks/!nancial institutions B B B B B B B B B B B B B B Bowling alleys S S Car wash S S Catering business B B B B B B B B B B B B B B Cemetery Clinics: Health clinic (no GFA limit) S Health clinic (up to 10,000 S B S B B S B B S B S B B SF, GFA) Health clinic (up to 4,000 B B B B B B B B B B B B B B SF, GFA) 5/14 Attachment C 9/4/2018 Charlottesville, VA Code of Ordinances Public health clinic B B B B B B B B B B B B B B Veterinary (with outside S pens/runs) Veterinary (without S S S outside pens/runs) Clubs, private S S S S S S B S B S S B Communications facilities: Attached facilities utilizing B B B B B B B B B B B B B B utility poles as the attachment structure Attached facilities not B B B B B B B B B B B B B B visible from any adjacent street or property Attached facilities visible from an adjacent street or property Carrier on wheels (COW) Towers Monopole tower Guyed tower Lattice tower Self-supporting tower Contractor or tradesman's shop, general Crematorium (independent of funeral home) Data center >4,000 B B S S S B S B B B B S 6/14 Attachment C 9/4/2018 Charlottesville, VA Code of Ordinances <4,000 B B B B B B B B B B B B B B Daycare facility B B B B B B B B B B B B B B Dry cleaning establishments B B B B B B B B B B Educational facilities (non- residential) Elementary B B B B B B B B B B B B B B High schools B B B B B B B B B B B B B B Colleges and universities B Artistic instruction, up to B B B B B B B S S B B B B B 4,000 SF, GFA Artistic instruction, up to S B B B B S S S 10,000 SF, GFA Vocational, up to 4,000 SF, B GFA Vocational, up to 10,000 B SF, GFA Electronic gaming café S Funeral home (without crematory) GFA 4,000 SF or less B B B B B B B B GFA up to 10,000 SF B S S S S S Funeral homes (with crematory) GFA 4,000 SF or less B B GFA up to 10,000 SF B Golf course 7/14 Attachment C 9/4/2018 Charlottesville, VA Code of Ordinances Golf driving range Helipad Hospital S S S S B S Hotels/motels: Up to 100 guest rooms B B B B B B B B B B B B 100+ guest rooms B B B B B B B B B S S Laundromats B B B Libraries B B B B B B B B B B B B B B Manufactured home sales Micro-producers B B B B B B B B B B B B Small Breweries S S S S Mobile food units P P P P P P P P P P P P P P Movie theaters, cineplexes S S S S S B S B S S S S S Municipal/governmental B B B B B B B B B B B B B B o#ces, buildings, courts Museums: Up to 4,000 SF, GFA B B B B B B B S S B B B B B Up to 10,000 SF, GFA S B S B B B B S B S S B Music hall B P B B B B B S B P O#ces: Business and professional B B B B B B B B B B B B B B Medical B B B B B B B B B B B B B B 8/14 Attachment C 9/4/2018 Charlottesville, VA Code of Ordinances Philanthropic B B B B B B B B B B B B B B institutions/agencies Property management A A A A A A A A A A A A A A (ancillary to MFD) Other o#ces (non- B B B B B B B B B B B B B B speci!ed) Outdoor storage, accessory S S B S Parking: Parking garage B B A/S A/S A/S A/S A/S A/S B A/S B A/S A/S Surface parking lot (19 or B B B B B B B B B B A B A less spaces) Surface parking lot (more A A A A A A A A A A A A A A than 20 spaces) Temporary parking facilities Photography studio B B B B B B B B B B B B B B Photographic processing; B B B B blueprinting Radio/television broadcast B B B B B B B B B B B B stations Recreational facilities: Indoor: health/sports B B B B B B B B B B B B B B clubs; tennis club; swimming club; yoga studios; dance studios, skating rinks, recreation centers, etc. (on City-owned, City School Board-owned, or other public property) 9/14 Attachment C 9/4/2018 Charlottesville, VA Code of Ordinances Indoor: health/sports clubs; tennis club; swimming club; yoga studios; dance studios, skating rinks, recreation centers, etc. (on private property) GFA 4,000 SF or less B B B B B B B B B B B B B B GFA (4,001—10,000 SF) B B S B B S B B B B S S GFA more than 10,000 SF B B S B B S B S B S S Outdoor: Parks, B B B B B B B B B B B B B B playgrounds, ball !elds and ball courts, swimming pools, picnic shelters, etc. (city- owned), and related concession stands Outdoor: Parks, S S S S S B S S S S S S S S playgrounds, ball !elds and ball courts, swimming pools, picnic shelters, etc. (private) Restaurants: All night S S S S S S S S S S Drive-through windows S S S S Fast food B B B B B B B B B B B B B B Full service B B B B B B B B B B B B B B 24-hour Towing service, automobile Technology-based B B B B B B B B B B B B B B businesses 10/14 Attachment C 9/4/2018 Charlottesville, VA Code of Ordinances Taxi stand B S S B S B B S B Transit facility B B B B B B B B B B B B B B Utility facilities S S S S S S S S S S S S S S Utility lines B B B B B B B B B B B B B B NON-RESIDENTIAL USES: RETAIL Accessory buildings, B B B B B B B B B B B B B B structures and uses Consumer service businesses: Up to 4,000 SF, GFA B B B B B B B B B B B B B B Up to 10,000 SF, GFA B B B B B S S S S B B B B S 10,001+ GFA B S S S B S B S Farmer's market S S S S S S S S S S S S Greenhouses/nurseries S B B S Grocery stores: Convenience B B B B B B B B B B B B B B General, up to 10,000 SF, S B S B B S B S B S B S S B GFA General, more than 10,000 S B S B B S B S B S S S SF, GFA Home improvement center S S B Pharmacies: 1—1,700 SF, GFA B B B B B B B B B B B B B B 1,701—4,000 SF, GFA B B S B B S S B B B B B B 11/14 Attachment C 9/4/2018 Charlottesville, VA Code of Ordinances 4,001+ SF, GFA B B S B B S S B B B B B S Shopping centers S S S S S S S B S S S S S Shopping malls S S S S S S S S S S S S Temporary sales, outdoor T T T T ("ea markets, craft fairs, promotional sales, etc.) Other retail stores (non- speci!ed): Up to 4,000 SF, GFA B B B B B B B B B B B B B B 4,001 SF to 20,000 SF GFA S B S B B S S B S B S S S More than 20,000 SF, GFA S B S S B S B S S NON-RESIDENTIAL: INDUSTRIAL Accessory buildings, structures and uses Assembly, industrial Beverage or food processing, packaging and bottling plants Brewery and bottling facility Compounding of cosmetics, toiletries, drugs and pharmaceutical products Construction storage yard Contractor or tradesman shop (HAZMAT) Frozen food lockers 12/14 Attachment C 9/4/2018 Charlottesville, VA Code of Ordinances Greenhouse/nursery (wholesale) Industrial equipment: service and repair Janitorial service company Kennels Laboratory, medical >4,000 S B S B B B S S B S sq. ft. <4,000 sq. ft. B B B B B B B B B B B B B Laboratory, pharmaceutical S S S S S S S S >4,000 sq. ft. <4,000 sq. ft. B B B B B B B B B B B B B Landscape service company Laundries Manufactured home sales Manufacturing, light Moving companies Printing/publishing facility S B S S S S S S S S S Open storage yard Outdoor storage, accessory to industrial use Research and testing B B B B B S laboratories Self-storage companies Warehouses 13/14 Attachment C 9/4/2018 Charlottesville, VA Code of Ordinances Welding or machine shop Wholesale establishments (6-6-05(2); 6-19-06; 5-19-08(4); 9-2-08(2); Ord. of 9-15-08(1); 11-17-08(1); 11-17-08(2); 3-16-09(3); 7-20-09(2); 11-16-09; 2-16-10; 7- 19-10; 10-4-10(2); 12-20-10(1); 1-18-11; 4-18-11(2); 6-20-11(2); 12-17-12(2); 5-6-13(2); 12-21-15(2); 3-21-16, § 5; 9-6-16, § 1) 14/14 Attachment C 2. STRUCTURES: Any structure(s) located on the Property shall not exceed thirty-five (35) feet in height, where height is the vertical distance measured perpendicularly from grade from the highest point on such building or structure, per Section 34-1100. 3. AFFORDABLE HOUSING: Contingent upon approval of residential density on site, the Owners shall reserve ten percent (10%) of the units built on the Property for on-site For-Rent Affordable Dwelling Units (as defined herein). The units will remain affordable for a period of twelve (12) years from issuance of certificate of occupancy. FOR-RENT AFFORDABLE DWELLING UNITS: For-Rent Affordable Dwelling Units shall rent at a rate making the units affordable to households with incomes at not more than 50% of the area median income (“AMI”) for the Charlottesville Metropolitan Area published annually by the United States Department of Housing and Urban Development (“HUD”). Attachment C OWNERS: Franklin St. Land Trust II (to be signed upon final submission of proffer statement) ______________________________________________ By: Charles Wm Hurt Title: Trustee Tax Map and Parcel Number: 610079000 Franklin St. Land Trust III (to be signed upon final submission of proffer statement) ______________________________________________ By: Justin M. Shimp Title: Trustee Tax Map and Parcel Number: 610079170, 610079180, 610079190 Virginia Land Trust II (to be signed upon final submission of proffer statement) ______________________________________________ By: Charles Wm Hurt Title: Trustee Tax Map and Parcel Number: 610079201 Attachment C The undersigned Owner hereby proffers that the use and development of the Property shall be in conformance with the proffers and conditions herein above. This document shall supersede all other agreements, proffers or conditions that may be found to be in conflict. The Owner agrees that all proffers shall be binding to the property, which means the proffers shall be transferred to all future property successors of the land. WITNESS the following signature: Franklin St. Land Trust II By:__________________________ Franklin St. Land Trust III By:__________________________ Virginia Land Trust By:__________________________ COMMONWEALTH OF VIRGINIA CITY/COUNTY OF___________________, to wit: The foregoing instrument was acknowledged before me this ____day of _______________2018 by Dr. Charles Wm Hurt, Trustee of Franklin St. Land Trust II. My Commission expires: _____________________ ___________________________ Notary Public Attachment E C I TY O F CHA R LO T TE S V I LLE “A World Class City” Neighborhood Development Services 610 East Market Street Charlottesville, VA 22902 Telephone 434-970-3182 Fax 434-970-3359 www.charlottesville.org April 18, 2018 Albemarle County Planning Commission Community Development 401 McIntire Road North Wing Charlottesville, VA 22902 RE: PROJECT: ZMA201700007 Hogwaller Farm Dear Commissioners, On April 10, 2018 the City of Charlottesville’s Planning Commission held a Public Hearing for the above development project, as it relates to properties located within the City. As you are aware, the proposed development would cover properties in both the City and County and would impact both communities. As presented to the City’s Planning Commission, the portion of the development within the Charlottesville would contain thirty (30) apartment units, a large greenhouse, and small retail store (“farm store”). The portion of the development in Albemarle would include farm sheds, agricultural fields, and a tree farm. It became apparent during the Public Hearing that the applicant could not proceed with the City side of the development should he not receive his rezoning request from the County. For this reason, the applicant has deferred action on the City applications for a rezoning and a SUP until after the County makes a decision related to project ZMA201700007. During the meeting on April 10th, the following concerns were raised that the City’s Planning Commission respectively asks the County to take into consideration during your deliberation for this project:  Both the City and County portion of the development will only be accessible by way of City streets. Increased traffic and the introduction of larger vehicles (large trucks and equipment for farming and tree transplanting) are a concern.  The City would like to see access for all residents to Moores Creek and Rives Parks. The opportunity for public access easements and new trails needs consideration with this application. The Bicycle and Pedestrian Plan calls for a Shard Use Path along Moores Creek at this location.  The housing component of the development is very important to the City. Unintended consequences of rezoning the City portion of the development could lead to the loss of future housing stock that the current R-2 zoning allows. A rezoning on the City side to Highway Corridor currently requires a Special Use Permit for any density. Of concern is any future development that utilizes by-right commercial or retail uses without a housing component. The City’s Planning Commission is intrigued by the idea of an Urban Farm that has a residential component and contributes to the surrounding community by providing local products and a live work environment. It is also apparent, through information gained at the April 10th meeting, this development hinges on the outcome of the County’s rezoning process. It would be premature for the City to act upon Page 1 of 2 Attachment E the applicant’s request for a rezoning and SUP before the County’s portion of the development is resolved. Thank you for taking the time to hear our thoughts and concerns as you prepare to make a recommendation on this project. Sincerely, The City of Charlottesville Planning Commission Lisa Green — Chair Taneia Dowell Genevieve Keller Kurt Keesecker Jody Lahendro John Santoski Lyle Solla-Yates Page 2 of 2 Attachment F ORDINANCE NO. 18-A(5) ZMA 2017-07 HOGWALLER FARM AN ORDINANCE TO REZONE 7.52 ACRES FROM LI LIGHT INDUSTRIAL TO RA RURAL AREAS FOR TAX MAP PARCEL NUMBER 07700-00-00-02000 WHEREAS, the application to rezone 7.52 acres from LI Light Industrial to RA Rural Areas for Tax Map Parcel Number 07700-00-00-020000 is identified as ZMA 2017-00007 Hogwaller Farm (“ZMA 2017-07”); and WHEREAS, staff recommended denial of ZMA 2017-07 for reasons set forth in the May 1, 2018 Planning Commission staff report; and WHEREAS, the Planning Commission held a duly noticed public hearing on ZMA 2017-07 on May 1, 2018 and recommended denial; and WHEREAS, subsequent to the Planning Commission meeting, the applicant submitted a revised conceptual plan and revised proffers, which staff believes address the issues of concern raised by staff and the Planning Commission; and WHEREAS, on August 1 and September 12, 2018, the Albemarle County Board of Supervisors held duly noticed public hearings on ZMA 2017-07. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon consideration of the staff report prepared for ZMA 2017-07 and its attachments, including the proffers dated August 20, 2018, which include the use restrictions and the establishment and maintenance of a riparian buffer as recommended by staff, as well as the establishment of a maximum aggregate limit of 600 square feet for any structure(s) within the Floor Hazard Overlay District as requested by the Board on August 1, and the rezoning application plan entitled “TMP 07700-00-00-02000: Hogwaller Farm, ZMA Application: 2017-00007”, prepared by Shimp Engineering, P.C., dated January 16, 2018 and last revised on June 27, 2018 (the “conceptual plan”), the information presented at the public hearing, the material and relevant factors in Virginia Code § 15.2-2284, the intent of the RA Rural Areas zoning district stated in County Code § 18-10.1, and for the purposes of public necessity, convenience, general welfare, and good zoning practices, the Board hereby approves ZMA 2017-07 with the proffers dated August 20, 2018 and the conceptual plan dated January 16, 2018 and last revised on June 27, 2018. *** I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded below, at a regular meeting held on _________________________. _________________________________________ Clerk, Board of County Supervisors Aye Nay Mr. Dill ____ ____ Mr. Gallaway ____ ____ Ms. Mallek ____ ____ Ms. McKeel ____ ____ Ms. Palmer ____ ____ Mr. Randolph ____ ____ Attachment G Attachment G Attachment G Attachment G Attachment G Attachment G ATTACHMENT C Attachment G Attachment G 012340513&789*+,&78-3& & & ?4@:AB6CDE&F6BG&4BGEH&:9H:4IEI&4J&BG6I&K6IBH6?B;&&L4AKI6KE&IBH6:&KEMED4:@E5B&6I&B4&CE&K6I?49HA7EK&BGH497G& BGE&MAH649I&KEI675&HEN96HE@E5BI&?45BA65EK&GEHE65;&&& & OPQR&STRU&VPWXYZZP[&\]P]R& & OPQR&STRURS&^_&WỲaZR& & bGE&J4DD4F657&9IEI&IGADD&CE&:EH@6BBEK&Cc&H67GB&65&BGE&Ld&K6IBH6?B>&I9CeE?B&B4&BGE&A::D6?ACDE&HEN96HE@E5BI&4J& BG6I&?GA:BEHf& & 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DBI45E&DB5FB5IB&4C&FG6D&:H4V6D645&DG@AA&54F&XB&@::A6I@XAB&F4&A@5E&E6V6EBE&XBFKBB5&FGB&BCCBIF6VB&E@FB&4C&FG6D& 4HE65@5IB&PHBCBHB5IB&DBIF645&.;SR&@5E&’4VBUXBH&/>&.n/n;& & Po&?10.1;S;.>&.?0.10/1p&..0/0/np&n0n0n?p&o&./0.1;S;.>&qHE;&n/0NP.R>&/0=0n/p&qHE;&110./PQR>&20.Q011R& & .1;S;?&“5&@EE6F645&F4&FGB&C4HB74657>&FGBHB&DG@AA&XB&:BHU6FFBE&XL&H67GF&@5L&E6V6D645&4C&A@5E&65F4&:@HIBAD&B@IG& 4C&KG6IG&DG@AA&XB&FKB5FL045B&P?.R&@IHBD&4H&U4HB&65&@HB@;&&’4&D9IG&:@HIBA&DG@AA&XB&65IA9EBE&65& EBFBHU65657&FGB&59UXBH&4C&:@HIBAD&KG6IG&U@L&XB&IHB@FBE&XL&H67GF&:9HD9@5F&F4&DBIF645&.1;S;.p& :H4V6EBE&FG@F&P@R&54&D9IG&E6V6D645&DG@AA&@CCBIF&FGB&59UXBH&4C&:@HIBAD&KG6IG&U@L&XB&E6V6EBE& :9HD9@5F&F4&DBIF645&.1;S;.p&PXR&FGBHB&U@L&XB&A4I@FBE&54F&U4HB&FG@5&45B&P.R&EKBAA657&956F&45&@5L& :@HIBA&IHB@FBE&:9HD9@5F&F4&FG6D&DBIF645p&PIR&@F&FGB&F6UB&4C&@5L&D9IG&E6V6D645>&FGB&4K5BH&4C&FGB&:@HIBA& D4&E6V6EBE&DG@AA&EBD675@FB&FGB&59UXBH&4C&:@HIBAD&65F4&KG6IG&B@IG&:@HIBA&D4&E6V6EBE&U@L&XB&C9HFGBH& E6V6EBE&:9HD9@5F&F4&DBIF645&.1;S;.&F47BFGBH&K6FG&@77HB7@FB&@IHB@7B&A6U6F@F645D&65&@II4HE@5IB&K6FG& DBIF645&.1;S;.p&@5E&PER&54&D9IG&E6V6D645&DG@AA&65IHB@DB&FGB&59UXBH&4C&:@HIBAD&KG6IG&U@L&XB&IHB@FBE& :9HD9@5F&F4&DBIF645&.1;S;.;&&& & Po&?10.1;S;?>&.?0.10/1p&..0/0/np&n0n0n?p&o&./0.1;S;?>&qHE;&n/0NP.R>&/0=0n/p&qHE;&1.0./P2R>&.10S01.R& & ./0.102& 345657&89::;&<.1=>&.0.10./& Attachment H COUNTY OF ALBEMARLE TRANSMITTAL TO THE BOARD OF SUPERVISORS SUMMARY OF PLANNING COMMISSION ACTION AGENDA TITLE: AGENDA DATE: ZMA201700007 Hogwaller Farm September 12, 2018 SUBJECT/PROPOSAL/REQUEST: STAFF CONTACT(S): Rezone 7.52-acre parcel from Light Industrial (LI) which Kamptner, Pohl, Benish, Padalino allows industrial, office, and limited commercial uses (no residential uses), to Rural Areas (RA) which allows PRESENTER(S): agricultural, forestal, and fishery uses as well as Tim Padalino residential uses. SCHOOL DISTRICTS: Cale – Elementary; Walton – Middle; and Monticello – High BACKGROUND: At the August 1, 2018 Board meeting, a public hearing was conducted on ZMA201700007 Hogwaller Farm. The staff report for that meeting included a recommendation for approval, and the Board voted to adopt Ordinance 18-A(5) to approve ZMA201700007. However, the County Attorney’s Office has since concluded that another public hearing and Board action is required because the proffers were amended after the August 1 public hearing was closed. Due to the length of the August 1, 2018 staff report and attachments, it is not included with this Transmittal Summary, but may be found with the Board’s August 1, 2018 meeting materials. DISCUSSION: The applicant has submitted revised proffers (Attachment A), which include all of the proffers the Board previously considered during the August 1 public hearing, as well as an additional proffer (#5) to establish a maximum limit of six hundred (600) square feet (aggregate total) for any structure(s) within the Flood Hazard Overlay District. This additional proffer formalizes the verbal commitment which was discussed and found to be acceptable at the August 1 Board meeting. Please note the revised proffers do not include a commitment to specify gravel as the parking lot surface material. Although the applicant’s intent is for the parking lot to be gravel, the applicant has expressed reluctance to have this material specification become a legislative requirement established through this ZMA petition. After extensive coordination with Frank Pohl, County Engineer and Floodplain Administrator, staff is in agreement with the applicant that the appropriate method and time to address the issue of parking lot materials is during the detailed review of the Floodplain Development Permit application, which is required for improvements within the Flood Hazard Overlay District. The Floodplain Development Permit application and review process would include project-specific and property-specific details that are necessary in order for the Floodplain Administrator to make an informed decision about the design and material specification(s) of proposed improvements. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Ordinance (Attachment B) to approve ZMA201700007 with proffers. ATTACHMENTS: Attach. A – Revised Proffer Statement (signed and dated 8/20/2018) with proffered Conceptual Plan (dated 6/27/2018) Attach. B – Ordinance to Approve ZMA201700007 CITY OF CHARLOTTESVILLE DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT SERVICES STAFF REPORT APPLICATION FOR A SPECIAL USE PERMIT JOINT CITY COUNCIL AND PLANNING COMMISSION PUBLIC HEARING DATE OF HEARING: December 11, 2018 APPLICATION NUMBER: SP18-00004 Project Planner: Matthew Alfele, AICP Date of Staff Report: March 26, 2018 (updated September 19, 2018 and December 1, 2018) Applicant: Justin Shimp and Charles Hurt Applicant’s Representative: Justin Shimp with Shimp Engineering, P.C. Current Property Owner: Charles Hurt and Shirley Fisher Application Information Property Street Address: 918 Nassau Street (four unaddressed lots and a portion of one unaddressed lot) Tax Map/Parcel #: Tax Map 61, Parcels 79.16, 79.17, 79.18, 79.19, & 79.201 and a portion of Tax Map 61, Parcel 79 Total Square Footage/ Acreage Site: Approx. 0.94 acres (40,946 square feet) Comprehensive Plan (General Land Use Plan): Low Density Residential Current Zoning Classification: R-2 Tax Status: Parcel is up to date on payment of taxes Completeness: The application generally contains all of the information required by Zoning Ordinance (Z.O.) Secs. 34-41(d), and 34-158(a) and (b). Applicant’s Request (Summary) On April 10, 2018 the Planning Commission held a joint Public Hearing for a SUP on the Subject Properties to increase density from a by-right zero (0) DUA (dwelling unit per acre) to thirty-two (32) DUA. During the Public Hearing the Planning Commission expressed concerns with the County portion of the development and did not want to take any action until Albemarle County granted or denied a rezoning petition. The applicant requested, and received, a deferral by the Planning Commission until Page 1 of 19 the County portion of the development status was resolved. The Planning Commission also requested Albemarle County to be aware of the City’s concerns with the project. On April 18, 2018 the Planning Commission sent a letter to Albemarle County’s Planning Commission (See Rezoning Application ZM18-00001 Attachment E) Below are the main points from that letter:  Both the City and County portion of the development will only be accessible by way of City streets. Increased traffic and the introduction of lager vehicles (large trucks and equipment for farming and tree transplanting) are a concern.  The City would like to see access for all residents to Moores Creek and Rives Parks. The opportunity for public access easements and new trails needs consideration with this application. The Bicycle and Pedestrian Plan calls for a Shard Use Path along Moores Creek at this location.  The housing component of the development is very important to the City. Unintended consequences of rezoning the City portion of the development could lead to the loss of future housing stock that the current R-2 zoning allows. A rezoning on the City side to Highway Corridor currently requires a Special Use Permit for any density. Of concern is any future development that utilizes by-right commercial or retail uses without a housing component. On September 12, 2018 the Albemarle Board of Supervisors approved an ordinance to rezoning 7.52 acres from LI Light Industrial to RA Rural Areas (See Rezoning Application ZM18-00001 Ordinance NO. 18-A(5) Attachment F, County Proffer Statement Attachment G, and Albemarle summary of Planning Commission Action Attachment H). Below are key portions of the approved ordinance and proffer statement:  The property will be developed in general accord with the conceptual plan titled “TMP 07700- 00-00-02000: Hogwaller Farm” dated 01-16-2018 and last revised 06-27-18 (Rezoning Application ZM18-00001 Attachment G page 5).  A 100’ riparian buffer will be preserved from the top of Moore’s Creek bank and signed (Rezoning Application ZM18-00001 Attachment G page 6).  Uses on the site are restricted to the uses pursuant to Section 10.2 (3), (6), (7), (9), (21), (27), and (30) (Rezoning Application ZM18-00001 Attachment G page 2).  Any structure(s) within the Flood Hazard Overlay District shall not exceed six hundred (600) square feet of aggregated improved space (Rezoning Application ZM18-00001 Attachment G page 2). Planning Commission held an additional joint Public Hearing on October 9, 2018 for the SUP of the Subject Properties. During the hearing, concerns were raised with the application regarding the Use Matrix, number of affordable units, and stormwater. The applicant requested a deferral in order to hold a work session with the Planning Commission to address these concerns in more detail. On October 30, 2018 the Planning Commission held a work session with the applicant and the provided the following direction:  Concern with the name of the development. Page 2 of 19 o The Human Rights Commission was contacted regarding the name of the development and any derogatory connotation. Staff was informed that this matter would be discussed at the November 15, 2018 meeting. Staff has repeatedly followed up with the Human Rights Commission on this matter, but as of the date of this report no information has been provided.  Concern with the size of any future by-right commercial or retail development. o The applicant has updated their proffer statement to reflect a 4,000sqft gross floor maximum for any singular commercial use on site (see rezoning staff report for ZM18-00001).  Concern with “Convenience Store” use and what that could be. o Staff recommended to the applicant to get a Zoning Determination from the Zoning Administrator on what a “Convenience Store” is. No action was taken on this recommendation.  Concern over Special Uses that remained in the proffered use matrix. o Staff consulted with the City Attorney’s Office and it was determined that SUPs could be removed from a proffered use matrix. The applicant updated their proffer statement to remove all SUPs, with the exception of Utility Facilities, Farmer’s Markets, and Outdoor Parks (see rezoning staff report for ZM18-00001).  Concern not enough affordable units would be provided within the development. o The applicant updated their proffer statement related to affordable housing (see rezoning staff report for ZM18-00001).  Concern with how stormwater will be handled for the development. o Staff has updated their analysis (see rezoning staff report for ZM18- 00001) and page 11. Justin Shimp has submitted a special use application (SUP) for 918 Nassau Street, a portion of tax map 61, parcel 79, and tax map 61 parcels 79.16, 79.17 ,79.18, 79.19, & 79.201 (Subject Properties) for residential density. The SUP application is being requested (in conjunction with rezoning application ZM18-00001) to accommodate the development of (18) one-bedroom and (12) two-bedroom units split between (2) three-story apartment buildings for a total of (30) dwelling units. The development is being proposed as an urban farm and will accommodate a 1,280 square foot greenhouse and an approximately 600 square foot retail farm store. Additional parking, farm sheds, and agricultural fields supporting the development are proposed on an adjacent 7.52 acre county parcel. The applicant has submitted a rezoning petition (ZM1-00001) and a SUP application (SP18- 00004) in order to develop a specific project on the subject properties (Attachment C). Per the two applications the proposed development involves:  ZM18-00001 – A rezoning request of the subject properties from R-2 to HW (Highway Corridor).  SP18-00004 – A SUP request for a density of thirty-two (32) DUA. The applicant is proposing two (2) multi-family apartments on the subject properties. Page 3 of 19 Vicinity Map County portion of the development site. Zoning Map County portion of the development site. Gray: County Land, Orange: (R-2) Residential Two-family, Yellow: (R-1S) Residential Single-Family, Purple: (HW) Highway Corridor, Green Stripped: Park Page 4 of 19 2016 Aerial 2013 Comprehensive Plan Land Use Map Yellow: Low Density Residential, Purple: Mixed Use, & Green: Park or Preserved Open Space, White: County Page 5 of 19 Standard of Review City Council may grant an applicant a special permit or special use permit, giving consideration to a number of factors set forth within Zoning Ordinance Sec. 34-157. If Council finds that a proposed use or development will have potentially adverse impacts, and if Council identifies development conditions that could satisfactorily mitigate such impacts, then Council may set forth reasonable conditions within its SUP approval. The role of the Planning Commission is to make an advisory recommendation to the City Council, as to (i) whether or not Council should approve a proposed SUP and if so, (ii) whether there are any reasonable development conditions that could mitigate potentially adverse impacts of the propose use or development. Section 34-157 of the City’s Zoning Ordinance lists a number of factors that Council will consider in making a decision on a proposed SUP. Following below is staff’s analysis of those factors, based on the information provided by the applicant. 34-157(1) whether the proposed use or development will be harmonious with existing patterns of use and development within the neighborhood. The properties immediately surrounding the subject property are described as: Direction Zoning District Current Use East *7.52 acres of Vacant floodplain and floodway land that county land abuts Moores Creek South HW Vacant parcel West R-1S Residential Homes and Rives Park North R-2 Residential Homes and Vacant parcels * The 7.52 acres of county land is part of the proposed development and would serve as farm land supporting the City’s portion of the development. The parcel of land was rezoned from Light Industrial to Rural Areas by the Albemarle Board of Supervisors on September 12, 2018 (See Rezoning Application ZM18-00001 Attachment F). The uses surrounding the subject property are mostly single family, two-family, and vacant parcels. In addition, multi-family and commercial/industrial uses are in close proximity to the proposed development. Most buildings surrounding the subject property are one (1) or two (2) story in height, but within close proximity (at the corner of Nassau and Linden) are three (3) story condos and apartments. The buildings adjacent to the subject properties are two (2) single family homes. Directly across the street from the subject properties is access to Rives Park. Commercial and industrial uses such as Van Yahres Tree Company, Albemarle Heating & Air, and JAUNT are all within 0.2 miles of the subject properties. Page 6 of 19 Staff Analysis: The site plan (Attachment C) and application materials (Attachment A and B) propose two (2) three (3) story multi-family buildings with twelve (12) two- bedroom units in one and eighteen (18) one-bedroom units in the second for a total of thirty (30) dwelling units. The site plan also shows thirty-eight (38) parking spaces, a farm store (approximately 600 square feet), and a greenhouse (approximately 1,280 square feet). The county portion of the development shows eleven (11) additional parking spaces, sheds to house farming equipment, and over 7 acres of land for farming. The proposed uses are not consistent with the current uses along Nassau Street running north, but the proposed uses are consistent with the uses along Linden Avenue. The concept of a small urban farm in this location could be harmonious with the existing patterns of uses within the neighborhood. 34-157(2) whether the proposed use or development and associated public facilities will substantially conform to the city's comprehensive plan. The applicant’s own analysis of the development’s consistency with the Comprehensive Plan, as required by Z.O. Sec. 34-41(d)(2), is attached (Attachment B) Below are specific areas of the Comprehensive Plan for which the development may be in compliance: a. Land Use 2.2: Encourage small businesses that enhance existing neighborhoods and employment centers. 2.3: Enhance pedestrian connections between residences, commercial centers, public facilities, amenities and green spaces. 2.4: Enhance the role of schools and parks by expanding the community use of these places. 3.2: Enhance existing neighborhood commercial centers and create opportunities for other in areas where they will enhance adjacent residential areas. Provide opportunities for nodes of activity to develop, particularly along mixed-use corridors. b. Economic Sustainability 3.6: Align zoning ordinances to facilitate economic activity in new areas of commercial opportunity identified in the updated future land use map. c. Housing 1.3: Evaluate the effects new developments have on transit, the environment, density, open space configuration, commuter costs and affordable housing. 3.6: Promote housing options to accommodate both renters and owners at all price points, including workforce housing. Page 7 of 19 8.1: Encourage mixed-use and mixed-income housing developments. 8.2: Link housing options and employment opportunities in City land use decisions. 8.5: Promote redevelopment and infill development that supports bicycle and pedestrian-oriented infrastructure and robust public transportation to better connect residents to jobs and commercial activity. d. Transportation 2.1: Provide convenient and safe bicycle and pedestrian connections between new and existing residential developments, employment areas and other activity centers to promote the option of walking and biking. 2.3: Improve walking and biking conditions by discouraging and/or minimizing curb cuts for driveways, parking garages, etc. in new development and redevelopment. 2.6: Promote urban design techniques, such as placing parking behind buildings, reducing setbacks and increasing network connectivity, to create a more pedestrian friendly streetscape and to reduce speeds on high volume roadways. e. Historic Preservation & Urban Design 1.4: Develop pedestrian-friendly environments in Charlottesville that connect neighborhoods to community facilities, to commercial areas and employment centers, and that connect neighborhood to each other, to promote a healthier community. Below are specific areas of the Comprehensive Plan for which the development may not be in compliance: f. Land Use 2.1: When considering changes to land use regulations, respect nearby residential areas. 3.1: Respect natural resources and sensitive environmental areas, including designated flood plain areas, rivers and streams. g. Environment 1.4: Ensure that planning for future land and recreational uses along the Rivanna River adequately protects water quality. Comprehensive Plan The 2013 General Land Use Plan Map calls for the subject properties to be Low Density Residential. Low Density Residential, as described within the Land Use Map, includes all land occupied by single or two-family type housing. The density in these areas by- right should be no greater than 15 dwelling units per acre. Page 8 of 19 Staff Analysis: As noted in 34-157(2)(a) through 34-157(2)(e) above, many of the City’s Comprehensive Plan goals could be achieved through a residential and commercial development of this type on the subject properties. The subject properties’ location could promote more pedestrian and cycling trips to Rives Park and some of the commercial uses along Linden Avenue. Several goals in the 2013 Comprehensive Plan speak to a desire to have density, as appropriate, in locations that will foster alternative transportation options to employment and parks. The proposed development is not consistent with existing development patterns along Nassau Street, but would be consistent with the existing development patterns along Linden Avenue. The development of an urban farm with supporting infrastructure (farm store and greenhouse) along with thirty (30) dwelling units (within 2 buildings) could create a unique opportunity in this part of the City. Streets that Work Plan The Streets that Work Plan (approved September 2016 as an amendment to the Comprehensive Plan) labels Nassau Street as Local. The full plan can be viewed at: http://www.charlottesville.org/departments-and-services/departments-h- z/neighborhood-development-services/streets-that-work/streets-that-work-plan Local Streets are characterized as the majority of the street network and have no specific associated typology due to the variation of context and available space. The Streets that Work Plan notes design elements on Local Streets should not exceed the dimensions specified for Neighborhood B streets, and that techniques such as curb extensions are appropriate. A minimum of five (5) to six (6) feet of clear zone width for sidewalks is recommended for Neighborhood B streets. Sidewalks and on-street parking are noted as the highest priority street elements. Staff Analysis: Based on the application package and supporting documents (attachments, A, B, & C), staff concludes that the pedestrian network along the subject properties’ frontage is consistent with the Streets that Work Plan. Staff is concerned that “farming” activities could include a wide range of vehicular traffic that are not suitable for a Local road, as designated by Streets that Work typology. Small low impact farming could be compatible with a Local Street Typology if it does not include large tractor trailers continuously making deliveries and pickups. Larger scale farming could produce the type of traffic more suitable for an Industrial type Street Typology. 34-157(3) whether proposed use or development of any buildings or structures will comply with all applicable building code regulations. Page 9 of 19 Based on the information contained within the application (attachment A and C), the proposed development would likely comply with applicable building code regulations. However, final determinations cannot be made prior to having the details required for final site plan and building permit approvals. 34-157(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 Traffic, Parking, and Other Modes of Transportation The City Traffic Engineer has reviewed the development plan and traffic Study (Attachment D) and finds a development of this type would not adversely affect traffic on Nassau, Linden or the surrounding street network. The development proposes one (1) of the buildings will create a street wall along Nassau Street which will screen the parking lot from view. Although the proposed development is not directly on a mass transit line, bus route 3 has a stop accessible through Rives Park (a 5 minute walk away). A four (4) foot sidewalk currently runs along the west side of Nassau Street across from the subject properties. The applicant will be required to install a sidewalk on the east side of Nassau Street in front of the subject properties. This will add to the pedestrian network of the City. The development plan calls for thirty (30) dwelling units consisting of eighteen (18) one-bedroom and twelve (12) two-bedroom units in two (2) buildings and thirty- eight (38) parking spaces. This generally meets the requirements per Z.O. Sec. 34- 984 of the City Zoning Code. Parking congestion may occur if residents have more than one (1) vehicle or have guests that visit by car. On street parking is currently not prohibited on Nassau Street. Staff Analysis: The City Traffic Engineer has reviewed the development plan and traffic study and finds it will not have a major impact on the amount of traffic or parking on Nassau, Linden, or the surrounding street network. Vehicular Access One (1) point of vehicular access off a City maintained street is required for the proposed development per Z.O. Sec. 34-896(a). Current vehicular ingress and egress to the subject property includes one (1) access point on Nassau Street. Due to the location of the county parcel, it is likely ingress and egress to this parcel will also be through the subject properties. Page 10 of 19 Staff Analysis: The vehicular ingress /egress and circulation pattern, as shown on the site plan (attachment C); is consistent with a residential development and will have no impact to the intersection of Nassau and Linden. Staff is concerned the site plan does not indicate a second point of ingress /egress for farm equipment. It appears that residential, commercial (farm store), and agricultural traffic will utilize one circulation pattern. Depending on the level of farming intensity or commercial activity, this could create conflict. Staff is also concerned with agricultural deliveries to the development. Depending on the level and type of farming to take place, large deliveries on tractor-trailers could be a constant activity. b) Noise, lights, dust, odor, fumes, vibration, and other factors which adversely affect the natural environment The proposed development could result in an increase in noise, odor, and vibration as the development proposes a farm use. It should be noted the farm use is on the county portion of the development and the City portion is residential and commercial. The development will be required to plant street trees and landscaping per Z.O. Sec. 34-867. No lighting plan was provided but will be required during final site plan review. Staff Analysis: Two (2) multi-family buildings with a total of thirty (30) units at this location will have minimal impact and can be mitigated through existing site plan regulations. The farm store and greenhouse should also have minimal impact to the surrounding neighborhood and can be mitigated through existing site plan regulations. Although the “farming” portion of the development is located in the county and is not technically within the City’s jurisdiction, staff’s analysis includes the whole development as it cannot be fully reviewed without the farming aspect. Based on the application materials and narrative, the applicant is indicating the farming component (County) is directly connected to the residential and commercial aspect (City) of the development. Depending on the type of and intensity of farming, unwanted odors, noise, or vibration could affect the neighborhood. The applicant materials indicate farming activities will be small scale and directly related to products sold at the farm store. From the application materials, no large scale farming is being proposed. Prior to County approval the applicant was proposing tree farming on the county portion of the development. With the proffer (See Rezoning Application ZM18-00001 Attachment G) requiring a 100’ riparian buffer, tree farming is no longer being proposed. In addition the City’s Public Works Department and Utilities Department reviewed the proposed development and provided the following analysis: Page 11 of 19 Stormwater management requirements for water quality and quantity should be accomplished for the site as a whole (both the City and County parcels), rather than as independent parcels/sites. In order to achieve this, a coordinated review between the City and County, or a review by the Virginia Department of Environmental Quality on behalf of the City and the County, will be necessary. Code of Virginia: §62.1-44.15:32(B) – Duties of the Department The Department is authorized to review the stormwater management plan for any project with real or potential interjurisdictional impacts upon the request of one or all of the involved localities to determine that the plan is consistent with the provisions of this article. Any such review shall be completed and a report submitted to each locality involved within 90 days of such request being accepted. The Department may charge a fee of the requesting locality to cover its costs for providing such services. This approach is supported by Goal 4.4 of the Land Use Chapter of the Comprehensive Plan, “Coordinate with Albemarle County on matters of land use that cross the jurisdictional border.”, as well as Goal 1.2 of the Environment Chapter, “Continue collaboration and cooperation with Rivanna Watershed stakeholders, including Albemarle County…focusing on watershed and stormwater management”. The County portion of the site affords ample space to accomplish the stormwater management requirements, though the fact that the entire site is almost completely within the limits of the 100-year floodplain limits potential stormwater management strategies. The applicant states in their Rezoning and Special Use Permit Narrative, “Stormwater runoff will largely be mitigated on the site of the development (city and county parcels) through an undisturbed riparian buffer and proposed tree plantings.” This can only be accomplished if the County portion of the site, where the undisturbed riparian buffer lies, is allowed to be utilized for compliance with stormwater management requirements. This approach would also make it much more realistic for all stormwater management requirements to be met on-site, and avoid the need to purchase off-site nutrient credits, which is the Environmental Sustainability Division’s strong preference. As Moores Creek suffers from excessive levels of bacteria and sediment and is consequently listed as an impaired waterway, it is critical for the health of the stream to manage stormwater on-site. c) Displacement of existing residents or businesses The subject properties are currently vacant with the exception of 918 Nassau Street (single family home). No businesses will be displaced, but one (1) existing single- family home will be removed. Page 12 of 19 d) Discouragement of economic development activities that may provide desirable employment or enlarge the tax base As noted above, the subject property is vacant and any use has the potential to add to the City’s tax base. e) Undue density of population or intensity of use in relation to the community facilities existing or available The City’s Comprehensive Plan identifies community facilities as fire protection, police enforcement, and emergency response services; public utilities and infrastructure; and public parks and recreation opportunities. The applicant’s proposal narrative (Attachment B) has not adequately discussed this issue within its comprehensive plan analysis required by Z.O. Sec. 34-41(d)(3). Staff Analysis: Fire, Police, Public Utilities, and Parks have all reviewed the proposed plan and finds the development will have little impact on existing community facilities. The proposed development is on a City maintained street and can be served by existing fire, police, and emergency response services. The additional density of the site will also have limited impact on surrounding parks. In reviewing the application, Parks believes additional density at this location will enhance Rives Park by adding more activity to this location. Stormwater requirements will be reviewed with final site plan. All utilities, such as water and sewer will be reviewed with the final site plan. f) Reduction in the availability of affordable housing in the neighborhood The subject properties are currently vacant with the exception of 918 Nassau Street. One single-family home will be removed, but it is unknown if it contains an affordable unit as defined by City code. Refer to the rezoning application ZM18- 00001 and Rezoning Application ZM18-00001 Attachment F for additional information on affordable housing. g) Impact on school population and facilities The applicant’s project proposal narrative (Attachment A) does not specifically analyze this factor, as required by Z.O. Sec. 34-158(b). Staff Analysis: Because housing is open to all, there is a possibility that families with children could take residence here. Therefore, some impact could be created for school population and facilities. h) Destruction of or encroachment upon conservation or historic districts The subject property is not within or encroach upon any design control district. Page 13 of 19 i) Conformity with federal, state and local laws, as demonstrated and certified by the applicant Based on the information contained within the application (Attachment A, B, and C), the proposed development would likely comply with applicable federal and state laws. As to local ordinances (zoning, water protection, etc.), it generally appears that this project, as detailed in the application, can be accommodated on this site in compliance with applicable local ordinances; however, final determinations cannot be made prior to having the details required for final site plan and building permit approvals. Specific Z.O. requirements reviewed preliminarily at this stage include massing and scale (building height, setbacks, stepbacks, etc.) and general planned uses. In a preliminary review of the site plan, staff has found that the parking will need to conform to Z.O. Sec 34-873 for screening and interior landscaping. In addition, Rivanna Water and Sewer Authority (RWSA) will need to review the final site plan as it relates to a large easement that runs through the proposed parking lot. The site plan will also need to conform to Z.O. Sec. 34-1103 for lots with two or more principal buildings within the development unless the recommended conditions are approved. Sec. 34-1103. - Two or more principal buildings or structures on one lot. (a) No lot or parcel of land shall contain more than one (1) principal building or structure, except where such lot or parcel is used for a multifamily, mixed- use, commercial, or industrial development. (b) In circumstances where more than one (1) principal building or structure is authorized, as set forth above, all buildings and structures must conform to required yard and other lot requirements for the district in which the lot or parcel is located. This is not intended to be a full list of site plan requirements and a full review at final site plan submission will generate additional comments. From this initial review, staff believes the proposed development can be accommodated on this site with a few adjustments during the final site plan review process. j) Massing and scale of project The application materials (Attachment A, B, and C) depict two (2) multi-family buildings that are three (3) stories above the surface of the subject properties as viewed from Nassau Street. The site plan (Attachment C) indicates the maximum height of the building will be thirty-five (35) feet. The maximum height for districts zoned HW is eighty (80) feet, but the accompanying rezoning application (ZM18- 00001) proposed a proffer statement that reduces the max height to thirty-five (35) feet. The massing of the residential units will be very similar to the existing multi- family units on Linden Avenue. No height is given for the farm store or greenhouse, Page 14 of 19 but under the proffer statement they could not exceed thirty-five (35) feet. The application materials indicate the farm store will be approximately six hundred (600) square feet, but not more than a maximum of four thousand (4,000) square feet. Most commercial greenhouses are no more than twenty (20) feet tall. No architectural or elevations drawings were submitted with this application. Staff Analysis: The massing and footprint are consistent with HW requirements. Staff would recommend the height of the buildings not exceed thirty-five (35’) in order to maintain a scale that is consistent with the surrounding buildings to the southwest of the site. This height is reflected in the rezoning application preliminary proffer statement. Staff would also recommend that the height of the farm store not exceed twenty (20) feet. Due to the residential nature of Nassau Street and the requirement that buildings in the HW Corridor create a streetwall (Sec. 34-738), staff recommends modifications to the setbacks, and stepback of five (5) feet after the first two stories. Three story buildings up against Nassau with a run of 180 feet could create a large streetwall in a mostly residential setting. Stepping back 5 feet after the second story (somewhere within 20 to 28 feet for a building with a max height of 35 feet) could reduce the massing along Nassau and create some articulation. Staff would also like to see some modulation to the front of the building along Nassau Street to better incorporate it into the surrounding neighborhood. The illustrative graphic (Attachment B) indicates some modulation, but it is not reflected on the site plan. Planning Commission might consider a condition that breakups the massing along Nassau Street. 34-157(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; In 1949 the property was zoned B-2 Business. In 1958 the property was zoned R-2 Residential and has retained that zoning calcification. (Application ZM18-00001 is requesting the zoning return to HW). According to Z.O. Sec. 34-350(b)(1), R-2, consisting of quiet, low-density residential areas in which single-family attached and two-family dwellings are encouraged. According to Z.O. Sec. 34-541(9), HW, The intent of the Highway Corridor district is to facilitate development of a commercial nature that is more auto oriented than the mixed use and neighborhood commercial corridors. This district provides for intense commercial development with very limited residential use. Staff Analysis: If the Planning Commission recommends approval of the corresponding rezoning request (ZM18-00001), staff finds the proposed development could to be harmonious with the zoning district, but is too residential in nature to comply with Sec. 34- Page 15 of 19 541(9). If Planning Commission recommends denial of the corresponding rezoning request, staff finds the proposed development not to be harmonious with the zoning district. 34-157(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; and Based on the information contained within the application and site plan (Attachment A, B, and C), the proposed development would likely comply with applicable local ordinances. However, final determinations cannot be made prior to having the details required for final site plan and building permit approvals. 34-157(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. The subject property is not located in a design control district. Public Comments Received Community Meeting Required by Z.O. Sec. 34-41(c)(2) On September 11, 2017 the applicant held a community meeting at Clark Elementary. The applicant gave an overview of the project as it related to the need for a rezoning and a SUP. The community voiced the following concerns with the proposed development:  View from Linden Avenue could be blocked.  The development could have an adverse impact on Moores Creek.  What type of development could happen in the floodplain? Other comments included:  Appreciation for proposing an initiative “urban farm”.  Providing affordable units. On April 10, 2018 the Planning Commission held a joint Public Hearing with City Council. Two (2) members of the public spoke and expressed the following:  The development should provide a trail to Moores Creek.  Any development should not include bringing in fill to the floodplain.  Concerned the applicant is only looking for density and will not provide any amenities or farm. Page 16 of 19 On October 9, 2018 the Planning Commission held a joint Public Hearing with City Council. Four (4) members of the public spoke and expressed the following:  Concerns with any development in the Floodplain.  Concern with traffic and a large building near single family homes. Other comments included:  The concept of a small urban scale farm with hosing is interesting, but more information is need on how it could impact the environment. On October 30, 2018 the Planning Commission held a Work Session and seven (7) members of the public spoke. The expressed the following:  Concerns that the development will not have enough public amenities like trees and benches.  How will stormwater be managed on site?  Development should not happen in the floodplain.  The soil needs to be tested prior to development. Other comments included:  The City needs more affordable housing and this development will provide that.  Regulations and codes currently in place will result in this being a good development that will have no impact on the environment.  A lot of the younger population that lives need the proposed development are excited about it and believe it will be good for the City. As of the date of this report, staff has received two (2) emails related to the rezoning or SUP application and four (4) phone calls. The emails our department received were forwarded to Planning Commission and City Council. The following concerns were expressed:  No access to the development from the County side  30 units at this location could have an adverse impact on Moores Creek.  One of the buildings would be too close to the road.  The building should be turned so the short end is facing the street and not the long street wall.  Building in the floodplain should not be allowed and the soil should be tested to see if it is suitable for food production.  Are there wetlands on the site? Staff Recommendation Staff recommends the Planning Commission focus on the following items during review:  Appropriate density. The only request being made is for density. All other proposed uses on the site are by-right under HW zoning. The appropriateness of “uses” should be discussed through the Rezoning and not the SUP. Page 17 of 19 Recommended Conditions Staff recommends that a request for density could be approved with the following conditions: 1. Up to 32 dwelling units per acre (DUA) are permitted on the subject properties. 2. The design, height, setbacks and other characteristics of the development shall remain essentially the same, in all material aspects, as described within the application materials (Attachment C) dated January 23, 2018. Except as the design details of the development may subsequently be modified to comply with staff comments, or by any other provision(s) of these SUP Conditions, any change of the development that is inconsistent with the application shall require a modification of this SUP. Key elements of this design are: a. Two (2) multi-family residential buildings containing eighteen (18) one- bedroom and twelve (12) two-bedroom units for a total of thirty (30) dwelling units on the subject properties. b. Thirty-five (35’) feet maximum height of the multi-family residential buildings. c. Modification of front yard setback to ten (10) foot minimum and no maximum to accommodate the layout of buildings as presented in the application materials. d. Parking located behind the building and not visible from the City’s right of way. 3. Twenty (20’) feet maximum height on the farm store or any nonresidential building on the subject properties. 4. The maximum height of the street wall of any building or structure with frontage along Nassau Street shall be two (2) stories. After two (2) stories there shall be a minimum stepback of five (5) feet along at least fifty (50) percent of the length of the streetwall. 5. The greenhouse must be screened (Z.O. Sec. 34-871 S-2 Screening) from the adjacent R-2 parcels. 6. All outdoor lighting and light fixtures shall be full cut-off luminaires and shielded in a manner to direct all light down. 7. Conform to Z.O. Sec. 34-881(2)-Bicycle Storage Facilities or the most current Bicycle Storage Facilities code for multi-family dwellings at time of development. 8. Trash facility shall be provided and screened per Z.O. Sec. 34-872(b)(2). 9. An alternative ingress/egress point for farm equipment and large deliveries to the county portion of the development should be explored with direction from the City’s Traffic Engineer. If an alternative point cannot be accommodated: a. The applicant will work with the City’s Traffic Engineer during final site plan review to develop a comprehensive traffic plan that will keep residential and farm (farm equipment deliveries and pickups) traffic separated. Page 18 of 19 10. The applicant will work with the City’s Parks and Recreation Department to implement any portion of the Bicycle and Pedestrian Plan (as shown in the 2015 Bicycle and Pedestrian Master Plan Updates, adopted September 8, 2015) that abuts the development and provide access to Moores Creek. 11. The applicant will work with Army Corps of Engineers (ACOE) for a determination on any potential wetlands. Documentation will need to be provided to the City prior to the issuance of a Land Disturbance Permit. 12. For any development that will be cross jurisdictional, the City will work with Albemarle County on stormwater management. This could include requesting review of the development by the Virginia Department of Environmental Quality (DEQ) on behalf of the City and County. 13. At a minimum, stormwater management must comply with the requirements of the VSMP. There is a preference for onsite quality treatment, understanding that the site is limited by the fact that certain best management practice (BMPs) are precluded from installation in the 100-year floodplain. Suggested Motions 1. I move to recommend approval of this application for a Special Use Permit for subject properties in the R-2 (application ZM18-00001 under review to rezone from R-2 to HW) zone to permit residential development with residential density with the following listed conditions. a. ________________________________________________________________ b. ________________________________________________________________ c. ________________________________________________________________ d. ________________________________________________________________ e. ________________________________________________________________ f. ________________________________________________________________ g. ________________________________________________________________ h. ________________________________________________________________ OR, 2. I move to recommend denial of this application for a Special Use Permit for the subject properties in the R-2 zone. Attachments A. Special Use Application Dated January 22, 2018 B. Special Use Permit Narrative and supporting documents Dated January 23, 2018 and revised September 6, 2018 C. Site Plan Dated January 23, 2018 D. Traffic Study Dated January 23, 2018 Page 19 of 19 Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment B Hogwaller Farm Rezoning & Special Use Permit Narrative March 16, 2018 Revised: September 6, 2018 RE: Rezoning and Special Use Permit Narrative, TMP 61-79 (portion), 61-79.16, 61-79.17, 61-79.18, 61-79.19, and 61-79.201 Shimp Engineering is applying for a rezoning in accordance with Sec. 34-41 of the Charlottesville Zoning Ordinance, to rezone TMP 61-79.17, 61-79.18, 61-79.19, 61-79.201, and a portion of 61-79 from R-2 (Residential) to HW (Highway Corridor). Contingent upon rezoning approval, Shimp Engineering is applying concurrently for a special use permit in accordance with Sec. 34-158, to allow for residential units in a HW district on the aforementioned parcels and TMP 61- 79.16. The proposed 30 (thirty) multifamily units on the approximately .94 acre site will be part of an innovative urban farm development comprised of City and County parcels, where the residential structures will be built on City parcels adjacent to a County parcel (TMP 77-20) that is intended to be utilized for agricultural production. It is the intent for the City parcels to also accommodate a greenhouse and a retail shop for farm sales; both uses, greenhouse and retail, are allowed by-right in a HW district. The proposed development does not trigger affordable housing provisions per Sec. 34- 12, however, the applicant wishes to provide two affordable units as a condition of approval for the requested special use permit. Project Outline: Parcels: 61-79 (portion), 61-79.16, 61-79.17, 61-79.18, 61-79.19, and 61-79.201 Current Zoning: HW: 61-79.16; R-2: 61-79 (portion), 61-79.17, 61-79.18, 61-79.19, and 61-79.201 Proposed Zoning: HW on all parcels Existing Use: Vacant and Residential Proposed Use: Residential with affordable units, greenhouse for agricultural production, farm stand for potential farm sales Current Conditions: TMP 61-79.201 has an existing single family dwelling and the remaining parcels are vacant. The parcels have a clearing towards the northwest boundaries fronting on Nassau St. and are lightly wooded towards the rear of the lots. A portion of TMP 61-79.16, 61-79.17, 61-79.18, and 61-79.19 are in the floodplain. Parcels 61-79.201 and 61-79 (portion) are entirely in the floodplain. There are a few steep slopes on the property and there are no critical slopes present on the property. Proposed Use: The development proposal for this property consists of two multi-family structures: one three story structure with 18 (eighteen) one-bedroom units and one three story structure with 12 (twelve) two-bedroom units, for a total of 30 (thirty) units. This multi-family housing development will be part of an innovative urban farm that will encompass both City and County parcels, where housing, including affordable units, will be provided on the City parcels and the County parcel will be dedicated to agricultural purposes. A greenhouse, allowed by right, in a Highway zoning district will be located on the City parcels. Additionally, a farm stand of approximately 600 square feet will be located on the city portion of the Attachment B development and will house future farm sales. The farm retail building will not exceed 4000 square feet, the maximum allowable square footage for retail use in a highway district. The development proposal includes proffered conditions for use and structure height in a HW zoning district. Affordable Housing Data: There are currently no supported affordable units on the property. No units are required to be designated as affordable in the proposed development, per Sec. 34-12 of the Charlottesville City Zoning Ordinance, however, the applicant wishes to provide two affordable units as a condition of special use permit approval. The affordable units will rent at a rate affordable to those making up to 80% of the area median income (AMI). The GFA of the residential structures, as proposed, on the property does not exceed 25,000 square feet. Given the site is approximately .94 Ac (40,946 square feet), the FAR of the site is .6. Surrounding Uses: The immediate surrounding is entirely residential. R-2 parcels with single family dwellings are northeast of the development. R-1S parcels with single family dwellings are across Nassau St. opposite the proposed development. Parcels zoned HW are south of the development. Southwest of the development along Linden Ave there are existing multi-family structures and townhomes. Consistency with Comprehensive Plan: The first goal of the Land Use Chapter of the Comprehensive Plan states, “enhance the sense of place throughout Charlottesville.” A unique development like Hogwaller Farm will inherently foster a sense of place by tying into the agricultural heritage of the area along Moore’s creek as the site of the livestock exchange and by serving as a unique residential model in Charlottesville. The second goal of the land use chapter is to, “establish a mix of uses within walking distance of residential neighborhoods that will enhance opportunities for small group interaction throughout Charlottesville.” The communal spaces within the residential development will facilitate resident interaction as well as allow for interaction between and among farm visitors. Goal 3 of the Housing Chapter is to, “grow the City’s housing stock for residents of all income levels.” Hogwaller Farm aligns with this goal because the proposed development offers a variety of housing options, in the form of one and two bedroom units in two multi-family structures. These units will be more affordable than the existing predominant housing stock in Belmont, the single family dwelling. The residential units proposed at Hogwaller Farm will directly contribute to achieving the City’s goal of “15% supported affordable housing by 2025,” by providing two affordable units. Compliance with USBC Provisions The proposed development will be in compliance with all applicable USBC provisions. Impacts on Public Facilities and Public Infrastructure: The project will have a minimal environmental footprint, and seeks to mitigate any ill effects. Stormwater runoff will largely be mitigated on the site of the development (city and county parcels) through an undisturbed riparian buffer and proposed tree plantings. Attachment B Attachment C SITE DEVELOPMENT PLAN FOR Hogwaller Farm FIRE MARSHAL'S NOTES LEGEND TAX MAP 61, PARCELS 79,79.16,79.17,79.18,79.19, 79.201 EXIST NEW DESCRIPTION 16 5 16 TC 5 x x 12 TC 12 5 5 CITY OF CHARLOTTESVILLE, VIRGINIA 5 5 16 TW x 12 TW 5 5 VICINITY MAP SCALE: 1"=1000' 16 BW x 12 BW RD RD OWNER/DEVELOPER S S 6''W 6''W GAS GAS T OHE OHE ZONING E W UGE UGE V I OHT OHT E JUSTIN M. SHIMP R45183 LEGAL REFERENCE Lic. No. UGT UGT R F O SITE SOURCE OF BOUNDARY & TOPO BUILDING HEIGHT BUILDING SETBACKS FLOOD ZONE EXISTING USE SHEET INDEX ELECTRIC / TELEPHONE / CABLE TV SHEET C1 - COVER SHEET PROPOSED USE SHEET C2 - CONTEXT PLAN SHEET C3 - EXISTING CONDITIONS SHEET C4 - SITE PLAN PARKING SCHEDULE LAND USE SCHEDULE NOTES x x x x ITE TRIP GENERATION LAND DISTURBANCE CITY PERMITS SIGNS COMPACT PARKING CROSSWALK HANDICAP ACCESSIBLE AISLE CG-12 HANDICAP PARKING APPROVALS: DIRECTOR OF NEIGHBORHOOD DEVELOPMENT SERVICES DATE Attachment C NASSAU STREET (45') CITY OF CHARLOTTESVILLE PAVED PARKING AREA SFA GREENHOUSE RESIDENTIAL FARM STORE APPROVED IN CITY OF SFA CHARLOTTESVILLE CITY OF CHARLOTTESVILLE RESIDENTIAL COUNTY OF ALBEMARLE APPROVED IN CITY OF CHARLOTT COUNTY OF ALBEM CITY OF WESTERN PROPERTY LINE IS TMP CHARLOTTESVILLE BOUNDARY BETWEEN CITY OF 07700-00-00-020A0 CHARLOTTESVILLE AND ALBEMARLE KEYSER, ARTHUR FARM FARM SHEDS COUNTY IN ACCORDANCE WITH B OR SUE C ENTRANCE RECORDED PLATS FOR CITY PARCELS 1.81 ACRES PARKING ZONED LI (LIGHT AREA INDUSTRY) EXISTING ESVILLE DRAINAGE DITCH ARLE TMP 07700-00-00-02000 TMP DR FRANKLIN STREET LAND TRUST II AIN 07700-00-00-021A0 A GE 7.52 ACRES FLOW ZONED LI (LIGHT INDUSTRY) FALLS, JOHN RA ZONING REQUESTED HARVEY OR VIRGINIA S 5 ACRES DRAINAGE FL FLOODWAY ZONED LI (LIGHT OW INDUSTRY) DRAINAGE FLOW EXISTING CRITICAL SLOPES ALONG WESTERN BANK OF MOORE'S CREEK TMP 07700-00-00-038B0 (UNDISTURBED) RIVANNA WATER AND SEWER AUTHORITY 51.1 ACRES ZONED LI (LIGHT INDUSTRY) TMP 07700-00-00-038B0 MOORE RIVANNA WATER AND SEWER 'S CREEK AUTHORITY 51.1 ACRES ZONED LI (LIGHT INDUSTRY) Attachment C TO BE RELOCATED TO REMAIN EXISTING STEEP SLOPES Attachment C NASSAU STREET NEW SIDEWALK 3-STORY 6 UNITS PER FLOOR 4320 SF PER FLOOR TO BE RELOCATED TO REMAIN PAVED PARKING LOT 38 SPACES @ 8.5' x 18' 20' TRAVEL WAY 1280 SF 600 SF 1-STORY GREENHOUSE 3-STORY 1-STORY 4 UNITS PER FLOOR EXISTING 3360 SF PER FLOOR STEEP SLOPES FARM STORE CITY OF CHARLOTTESVILLE COUNTY OF ALBEMARLE CITY OF CHARLOTTES COUNTY OF ALBEMARL 1440 SF 1-STORY FARM SHEDS VILLE E GRAVEL SURFACE FARM PARKING 11 SPACES @ 9 x 18 Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D CITY OF CHARLOTTESVILLE DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT SERVICES STAFF REPORT REQUEST FOR A ZONING TEXT AMENDMENT PLANNING COMMISSION REGULAR MEETING DATE OF PLANNING COMMISSION MEETING: December 11, 2018 Author of Staff Report: Brian Haluska, Principal Planner Date of Staff Report: November 26, 2018 Proposed Change To Ordinance: Amusement Center Regulations Applicable City Code Provisions: §34- 201 et seq. and §34-1190 et seq. (Amendments to the Zoning Ordinance), §34-480 and §34-796 (Use matrices – mixed use and commercial corridor districts), §34-1200 Definitions, and Chapter 34, Article IX, Division 9 – Standards for Provisional Uses Executive Summary This is a proposed zoning text amendment to amend the regulations pertaining to amusement centers. Adoption of the change would require amendments to the Provisional Use Permit regulations (§34-1170 et seq.), the Commercial district use matrix (§34-480) and the Mixed-Use (§34-796) district use matrix. The original initiation indicated that the definition section would be reviewed, but staff is not proposing a change to that section of the code. Staff recommends that the use be permitted with a Provisional Use Permit in the following zoning districts: • B-2 Commercial zone • B-3 Commercial zone • M-I Manufacturing-Industrial zone • IC Industrial Corridor zone • Downtown Corridor • Downtown Extended Corridor • Downtown North Corridor • West Main East Corridor • West Main West Corridor • Cherry Avenue Corridor • Highway Corridor • Water Street Corridor • Urban Corridor • Central City Corridor Staff recommends that the use be permitted with a Special Use Permit in the following zoning districts: 1 • Corner District Staff recommends that the use no longer be permitted in the following zoning districts: • South Street Corridor Background At the Planning Commission’s November 13, 2018 meeting, a study period was initiated at the request of Staff. Staff has been approached by a party that is looking to open a billiards hall in the City on a major road that seemed to be an appropriate location for such a use, but the code did not permit amusement centers in the zone. While considering the proposed change, staff noted two other businesses in operation that meet the definition of an amusement center in the code, but may not have received the appropriate approvals at their current locations. Study Period and Public Hearing Once an amendment has been initiated by City Council, it is deemed referred to the Planning Commission for study and recommendation (City Code §34-41(d)). From the time of initiation, the planning commission has 100 days in which to make its recommendation to City Council, or else it will be deemed to be a recommendation of approval. If the Planning Commission initiates the request, the 100 day recommendation requirement does not apply. Staff will provide the Planning Commission with reports and analyses as appropriate and a joint public hearing will be scheduled for the next available date. Standard of Review As per §34-42 of the City Code, if initiated, the planning commission shall review and study each proposed amendment to determine: (1) Whether the proposed amendment conforms to the general guidelines and policies contained in the comprehensive plan; (2) Whether the proposed amendment will further the purposes of this chapter and the general welfare of the entire community; (3) Whether there is a need and justification for the change; and (4) When pertaining to a change in the zoning district classification of property, the effect of the proposed change, if any, on the property itself, on surrounding property, and on public services and facilities. In addition, the commission shall consider the appropriateness of the property for inclusion within the proposed zoning district, relating to the purposes set forth at the beginning of the proposed district classification. Proposed Zoning Text Change Revise the Commercial (§34-480) matrix as follows: • Strike the “S” and place a “P” in the row labeled “Amusement Center”, under the B-2 zoning district column. 2 • Strike the “S” and place a “P” in the row labeled “Amusement Center”, under the B-3 zoning district column. • Strike the “S” and place a “P” in the row labeled “Amusement Center”, under the M-I zoning district column. • Strike the “S” and place a “P” in the row labeled “Amusement Center”, under the IC zoning district column. • Add “1176” to the row labeled “Amusement Center” under the “Requirements 34-XXXX” column Revise the Mixed Use (§34-796) matrix as follows: • Strike the “S” and place a “P” in the row labeled “Amusement Center”, under the D zoning district column. • Strike the “S” and place a “P” in the row labeled “Amusement Center”, under the DE zoning district column. • Strike the “S” and place a “P” in the row labeled “Amusement Center”, under the DN zoning district column. • Strike the “S” and place a “P” in the row labeled “Amusement Center”, under the WME zoning district column. • Strike the “S” and place a “P” in the row labeled “Amusement Center”, under the WMW zoning district column. • Strike the “S” and place a “P” in the row labeled “Amusement Center”, under the WSD zoning district column. • Strike the “S” and place a “P” in the row labeled “Amusement Center”, under the URB zoning district column. • Strike the “B” and place a “P” in the row labeled “Amusement Center”, under the HW zoning district column. • Place a “P” in the row labeled “Amusement Center”, under the CH zoning district column. • Place a “P” in the row labeled “Amusement Center”, under the CC zoning district column. • Strike the “S” in the row labeled “Amusement Center”, under the SS zoning district column. • Add “1176” to the row labeled “Amusement Center” under the “Requirements 34-XXXX” column Amend §34-1170 et seq. as necessary, adding §34-1176 Amusement Centers Standard of Review Analysis 1. Whether the proposed amendment conforms to the general guidelines and policies contained in the comprehensive plan; The 2013 Comprehensive Plan Land Use goals encourage the establishment of nodes of activity that enable small group interaction. 2. Whether the proposed amendment will further the purposes of this chapter and the general welfare of the entire community; 3 The purposes of the chapter would be furthered by the amendment by encouraging economic development activities by permitting these types of uses to more easily locate within the City. 3. Whether there is a need and justification for the change; There are currently activities of this nature taking place within the City. They have been operating with no impacts to the surrounding properties being generated by the games regulated under the amusement center definition. The justification for the change is to go through a less stringent review that is commiserate with the level of impact they have on adjacent properties. 4. When pertaining to a change in the zoning district classification of property, the effect of the proposed change, if any, on the property itself, on surrounding property, and on public services and facilities. This zoning text amendment does not include a change in the zoning district classification of any particular property. Public Comment No public comment has been received at this time. Recommendation In reviewing the regulation of amusement centers in the City, staff identified three types of uses that all fit in the current definition of an amusement center. The first is a commercial establishment – typically a restaurant – where the amusement center use is ancillary. The second is a use type that is typically referred to as an arcade – a business where almost the entire area is occupied by games. These types of uses were tightly regulated in the 1980’s and 90’s when they were social gathering locations for younger residents in communities. These types of uses have mostly disappeared in the wake of the boom in video gaming consoles. The third type of use is a business that combines a restaurant with an arcade and emphasize the social aspect of the games therein. Several national chains exist that follow this model. Here, staff has some concerns about the nature of these uses because they can potentially be parking intensive due to their large size, but this is a function of the size of the business, not its reliance on electronic games as a driver of attendance. In each of the examples above, the presence of games does nothing to increase the impact of the use. The businesses need to be well-managed regardless of whether the games are present or not. To that end, staff recommends that amusement centers be permitted via a provisional use permit throughout most of the commercial and mixed-use zones. The provisional use permit would contain the same conditions that apply to a music hall – in that four or more calls for police service 4 at an amusement center would give the zoning administrator grounds to force the removal of the games. The two zones where staff suggests a different approach are the Corner District and South Street District. In the Corner District, staff has concerns about permitting amusement centers by provisional use permit without some consideration of parking impact. Staff also has difficulty finding any reason why an amusement center would be an acceptable use in the South Street corridor given the nature of the district, and proposes that it be removed as a permitted use in that zone. Staff recommends that the zoning text amendment be recommended for approval by the Planning Commission and City Council as written to amend the regulations for Amusement Centers in the Mixed Use and Commercial Zoning Districts. Suggested Motions 1. “I move to recommend approval of this zoning text amendment to the Provisional Use Permit regulations (§34-1170 et seq.), the Commercial district use matrix (§34-480) and the Mixed-Use (§34-796) district use matrix of the Code of The City of Charlottesville, 1990, as amended, to amend the regulations for Amusement Centers on the basis that the changes would serve the interests of (public necessity, convenience, general public welfare and/or good zoning practice).” 2. I move to recommend approval of this zoning text amendment to amend to the Provisional Use Permit regulations (§34-1170 et seq.), the Commercial district use matrix (§34-480) and the Mixed-Use (§34-796) district use matrix of the Code of The City of Charlottesville, 1990, as amended, to amend the regulations for Amusement Centers on the basis that the changes would serve the interests of (public necessity, convenience, general public welfare and/or good zoning practice) with the following additions and modifications:” a. b. 3. “I move to recommend denial of this zoning text amendment to the Provisional Use Permit regulations (§34-1170 et seq.), the Commercial district use matrix (§34-480) and the Mixed-Use (§34-796) district use matrix of the Code of The City of Charlottesville, 1990, as amended, to amend the regulations for Amusement Centers on the basis that the changes would not serve the interests of (public necessity, convenience, general public welfare and/or good zoning practice) for the following reasons: ….” a. b. 5 Appendices 1. Current Sections of the Code proposed to be modified 2. Mark up of the code sections showing changes 3. Proposed code sections as they would be after the changes proposed in this report. 6 Sec. 34-480. - Use matrix—Commercial districts. Use Types Zoning Districts B-1 B-2 B-3 M-I ES IC Requirements 34-XXXX Amusement S S S S Center Sec. 34-796. - Use matrix—Mixed use corridor districts. Use Types D DE DN WME WMW CH HS NCC HW WSD URB SS CD CC Requirements 34-XXXX Amusement S S S S S B S S S S Center Sec. 34-480. - Use matrix—Commercial districts. Use Types Zoning Districts B-1 B-2 B-3 M-I ES IC Requirements 34-XXXX Amusement S S S S 1176 Center P P P P Sec. 34-796. - Use matrix—Mixed use corridor districts. Use Types D DE DN WME WMW CH HS NCC HW WSD URB SS CD CC Requirements 34-XXXX Amusement S S S S S P B S S S S P 1176 Center P P P P P P P P Sec. 34-1176. – Amusement Centers. (New Code Section) For amusement centers the following requirements shall apply: (1) Any amusement center that remains open after 2:00 a.m. on any day shall have a security guard on site between the hours of 2:00 a.m. and 6:00 a.m. or until one-half hour after the amusement center closes, whichever is earlier. (2) In the event more than four (4) incidents at the property require police service/response over any two (2) month period, the provisional use permit shall be suspended by the zoning administrator, for three hundred sixty-five (365) days. Following any such suspension, any other uses on the site may continue to operate, but only in the form that is permitted within the applicable zoning district without the requirement of a provisional use permit. Sec. 34-480. - Use matrix—Commercial districts. Use Types Zoning Districts B-1 B-2 B-3 M-I ES IC Requirements 34-XXXX Amusement P P P P 1176 Center Sec. 34-796. - Use matrix—Mixed use corridor districts. Use Types D DE DN WME WMW CH HS NCC HW WSD URB SS CD CC Requirements 34-XXXX Amusement P P P P P P P P P S P 1176 Center Sec. 34-1176. – Amusement Centers. (New Code Section) For amusement centers the following requirements shall apply: (1) Any amusement center that remains open after 2:00 a.m. on any day shall have a security guard on site between the hours of 2:00 a.m. and 6:00 a.m. or until one-half hour after the amusement center closes, whichever is earlier. (2) In the event more than four (4) incidents at the property require police service/response over any two (2) month period, the provisional use permit shall be suspended by the zoning administrator, for three hundred sixty-five (365) days. Following any such suspension, any other uses on the site may continue to operate, but only in the form that is permitted within the applicable zoning district without the requirement of a provisional use permit. CITY OF CHARLOTTESVILLE DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT SERVICES STAFF REPORT REQUEST FOR A ZONING TEXT AMENDMENT PLANNING COMMISSION REGULAR MEETING DATE OF PLANNING COMMISSION MEETING: December 11, 2018 Author of Staff Report: Brian Haluska, Principal Planner Date of Staff Report: November 28, 2018 Proposed Change To Ordinance: Mixed-Use District Descriptions Applicable City Code Provisions: §34-541. – Mixed use districts – Intent and description. Executive Summary This is a proposed zoning text amendment to amend the regulations pertaining to the description of the mixed-use districts in the City of Charlottesville. Adoption of the change would require amendments to the Mixed-Use District Descriptions in §34-541. Staff recommends that the following changes be approved. Background At the Planning Commission’s November 13, 2018 meeting, a study period was initiated at the request of Staff. Staff had recently encountered a question of the designation of 10th Street NE in the Downtown North Zone, which is not identified as a primary or linking street despite the fact that DN zoned property fronts on 10th Street NE. Staff has previously identified a number of other errors and omissions in this section of the code when listing the primary and linking streets in each of the mixed-use districts. These errors cause confusion among the applicant and staff when attempting to apply the setback requirements tied to road frontages. Additionally, staff proposes standardizing the nomenclature of streets across all districts to minimize confusion. Study Period and Public Hearing Once an amendment has been initiated by City Council, it is deemed referred to the Planning Commission for study and recommendation (City Code §34-41(d)). From the time of initiation, the planning commission has 100 days in which to make its recommendation to City Council, or else it will be deemed to be a recommendation of approval. If the Planning Commission initiates the request, the 100 day recommendation requirement does not apply. Staff will provide the Planning Commission with reports and analyses as appropriate and a joint public hearing will be scheduled for the next available date. 1 Standard of Review As per §34-42 of the City Code, if initiated, the planning commission shall review and study each proposed amendment to determine: (1) Whether the proposed amendment conforms to the general guidelines and policies contained in the comprehensive plan; (2) Whether the proposed amendment will further the purposes of this chapter and the general welfare of the entire community; (3) Whether there is a need and justification for the change; and (4) When pertaining to a change in the zoning district classification of property, the effect of the proposed change, if any, on the property itself, on surrounding property, and on public services and facilities. In addition, the commission shall consider the appropriateness of the property for inclusion within the proposed zoning district, relating to the purposes set forth at the beginning of the proposed district classification. Proposed Zoning Text Change Revise the Mixed Use District Intent and Definitions (§34-541) as follows: (2) Downtown Extended • Edit Market Street to reflect the correct name of East Market Street • Edit 1st Street and 4th Street to clarify location • Add Elliott Avenue, Levy Avenue and East Water Street to the list of primary streets. • Add East South Street, Graves Street, Lyman Street, and City Walk Way to the list of linking streets. (3) Downtown North • Edit the name of the zone to reflect the correct name of the Downtown North zone • Edit 8th Street, N.E.; 5th Street, N.E.; 1st Street; 4th Street, N.E.; 9th Street, N.E.; 2nd Street, N.E.; 2nd Street, N.W.; 7th Street, N.E.; 6th Street, N.E.; 3rd Street, N.E.; 8th Street, and 11st Street, N.E. to standardize nomenclature and clarify location. • Strike one of the two references to 9th Street NE in the list of primary streets. • Edit Locust Street to reflect the correct name of Locust Avenue • Edit Lexington Street to reflect the correct name of Lexington Avenue • Edit Market Street to reflect both East Market Street and West Market Street are included. • Edit High Street to reflect both East High Street and West High Street are included. • Add 10th Street NE and 9 ½ Street NE to the list of primary streets • Add Park Street, Court Square and Altamont Circle to the list of linking streets. (6) Cherry Avenue Corridor • Edit 4th St., 5th St., Delevan St., Estes St., Grove St., King St., Nalle St., 9th St., 6th St., 6½ St., and 7th St to clarify location and standardize nomenclature. • Edit 9th/10th Connector to reflect the correct name of Roosevelt Brown Boulevard. • Add Dice Street and Elm Street to the list of linking streets. 2 (7) High Street Corridor • Edit 11th Street to clarify location • Edit Willow Street to reflect the correct name of Willow Drive. • Add 10th Street NE to the list of primary streets • Add 13th Street NE, Duke Street, Little High Street to the list of linking streets. (8) Neighborhood Commercial Corridor • Edit Bainbridge St., Carlton Ave., Douglas Ave., Fontaine Ave., Garden St., Goodman St., Hinton Ave., Holly St., Lewis St., Maury Ave., Monticello Rd., and Walnut St. to standardize nomenclature. • Add Meridian Street, Jefferson Park Avenue and Price Avenue to the list of primary streets. (9) Highway Corridor • Edit 5th Street to clarify location • Edit East View Street to reflect accurate name of Eastview Street • Edit Monticello Ave and Carlton Rd to standardize nomenclature • Add Hillsdale Drive to the list of primary streets. • Add 250 Bypass, Monticello Road, Rives Street, Nassau Street, Quarry Road and Druid Avenue to the list of linking streets. (10) Urban Corridor • Add University Avenue to list of primary streets. • Add Old Ivy Road, Wise Street and 250 Bypass to list of linking streets. (11) Central City Corridor • Edit 8th Street, 9th Street and 10th Street to clarify location. • Add Grady Avenue to the list of primary streets. • Add Landonia Circle and Duke Street to the list of linking streets. (14) Corner District • Edit 12th Street, 12 ½ Street, 13th Street and 14th Street to clarify location. • Remove 13th Street from the list of primary streets. • Add Jefferson Park Avenue to the list of primary streets. • Add Minor Court Lane to the list of linking streets. 3 Standard of Review Analysis 1. Whether the proposed amendment conforms to the general guidelines and policies contained in the comprehensive plan; The 2013 Comprehensive Plan Land Use community vision includes a goal of a “Smart, Citizen-Focused Government”. 2. Whether the proposed amendment will further the purposes of this chapter and the general welfare of the entire community; The purposes of the chapter would be furthered by the amendment by clarifying existing regulations. 3. Whether there is a need and justification for the change; The change would clarify the regulations pertaining to the mixed-use districts in the City, and would reduce the confusion created by errors and omissions within this section of the Code. 4. When pertaining to a change in the zoning district classification of property, the effect of the proposed change, if any, on the property itself, on surrounding property, and on public services and facilities. This zoning text amendment does not include a change in the zoning district classification of any particular property. Public Comment No public comment has been received at this time. Recommendation Staff recommends that the zoning text amendment be recommended for approval by the Planning Commission and City Council as written to amend the regulations for Mixed Use Districts. Suggested Motions 1. “I move to recommend approval of this zoning text amendment to the intent and description of the mixed use districts (§34-541 et seq.), of the Code of The City of Charlottesville, 1990, as amended, on the basis that the changes would serve the interests of (public necessity, convenience, general public welfare and/or good zoning practice).” 2. I move to recommend approval of this zoning text amendment to the Intent and description of the mixed use districts (§34-541 et seq.), of the Code of The City of Charlottesville, 1990, as amended, on the basis that the changes would serve the 4 interests of (public necessity, convenience, general public welfare and/or good zoning practice) with the following additions and modifications:” a. b. 3. “I move to recommend denial of this zoning text amendment to the Intent and description of the mixed use districts (§34-541 et seq.), of the Code of The City of Charlottesville, 1990, as amended, on the basis that the changes would not serve the interests of (public necessity, convenience, general public welfare and/or good zoning practice) for the following reasons: ….” a. b. Appendices 1. Current Sections of the Code proposed to be modified 2. Mark up of the code sections showing changes 3. Proposed code sections as they would be after the changes proposed in this report. 5 Sec. 34-541. - Mixed use districts—Intent and description. (1) Downtown Corridor. The intent of the Downtown Corridor district is to provide for a mixture of commercial and residential uses, and encourage such development by right, according to standards that will ensure harmony with the existing commercial environment in the city's downtown area. Ground-floor uses facing on primary streets should be commercial in nature. The area within this zoning district is the entertainment and employment center of the community and the regulations set forth within this district are designed to provide appropriate and convenient housing for persons who wish to reside in proximity to those activities. Within the Downtown Corridor district the following streets shall have the designations indicated: Primary streets: All streets are primary. Linking streets: None. (2) Downtown Extended Corridor. Historically, the areas within the Downtown Extended district contained manufacturing uses dependent upon convenient access to railroad transportation. In more recent times, use patterns within this area are similar to those within the Downtown district. The intent of this district is to encourage an inter-related mixture of high-density residential and commercial uses harmonious with the downtown business environment, within developments that facilitate convenient pedestrian and other links to the Downtown area. Within the Downtown Extended district, the following streets shall have the designations indicated: Primary streets: Garrett Street, Monticello Avenue, 6th Street, Market Street, Carlton Road and 10th Street, N.E. Linking streets: Avon Street, Dice Street, 1st Street, 4th Street, Gleason Street, Goodman Street, Oak Street, and Ware Street. (3) North Downtown Corridor. The Downtown North Corridor district is the historic center of the City of Charlottesville, and contains many historic structures. In more recent years this area has also developed as the heart of the city's legal community, including court buildings and related law and professional offices, and commercial and retail uses supporting those services. Within this area, residential uses have been established both in single-use and in mixed-use structures. Many former single-family dwellings have been converted to office use. The regulations for this district are intended to continue and protect the nature and scale of these existing patterns of development. Within the Downtown North Corridor district, the following streets shall have the designations indicated: Primary streets: 8th Street, N.E. (between High Street and Jefferson Street), 5th Street, N.E., 1st Street, 4th Street, N.E., High Street, Jefferson Street, Market Street, 9th Street, 9th Street, N.E., 2nd Street, N.E., 2nd Street, N.W., 7th Street, N.E., 6th Street, N.E., and 3rd Street, N.E. Linking streets: East Jefferson Street (east of 10th Street, N.E.), 8th Street, 11th Street, N.E., Lexington Street, Locust Street, Maple Street, Sycamore Street. (4) West Main West Corridor. The land use and lots on West Main Street west of the railroad bridge are generally larger in size than those east of the bridge. The West Main West district ("WMW") is established to provide the opportunity for large-scale redevelopment that may alter established patterns of commercial and residential development along West Main Street and that will respect the character of neighborhoods in close proximity. Within this district, the purpose of zoning regulations is to facilitate redevelopment while at the same time creating a walkable, mixed use "main street" setting that encourages vibrant pedestrian activity. The following streets shall have the designations indicated: a. Where only one (1) street abuts a lot, that street is considered the primary street. b. Where more than one (1) street abuts a lot, the following are considered primary streets: (i) West Main Street; (ii) Roosevelt Brown Boulevard; (iii) Jefferson Park Avenue; (iv) Wertland Street; (v) 10th Street NW. c. Where a lot with multiple street frontages on the primary streets listed in subsection b. exists, each frontage is considered a primary street. d. Where a lot has multiple street frontages, streets not listed in subsection b. above will be considered a linking street. (5) West Main East Corridor. The land use and lots on West Main Street east of the railroad bridge are smaller than those west of the bridge, containing existing buildings (including historic buildings) that have been renovated to accommodate modern commercial uses. Established buildings are located in close proximity to the street on which they front. Within this district, the purpose of zoning regulations is to encourage a continuation of the established pattern and scale of commercial uses, and to encourage an extension of a walkable, mixed use "main street" setting eastward from the railroad bridge, continuing into the area where the West Main Street Corridor transitions into the city's downtown. Within the West Main Street East district ("WME"), the following streets shall have the designations indicated: a. Where only one (1) street abuts a lot, that street is considered the primary street. b. Where more than one (1) street abuts a lot, the following are considered primary streets: (i) West Main Street; (ii) Commerce Street; (iii) South Street; (iv) Ridge Street; (v) 7th Street SW; (vi) 4th Street NW. c. Where a lot with multiple street frontages on the primary streets listed in subsection b. exists, each frontage is considered a primary street. d. Where a lot has multiple street frontages, streets not listed in subsection b. above will be considered a linking street. (6) Cherry Avenue Corridor. This zoning classification establishes a district designed to encourage conservation of land resources, minimize automobile travel, and promote employment and retail centers in proximity to residential uses. It permits increased development on busier streets without fostering a strip-commercial appearance. It is anticipated that development will occur in a pattern consisting of ground-floor commercial uses, with offices and residential uses located on upper floors. This district is intended to promote pedestrian-oriented development, with buildings located close to and oriented towards the sidewalk areas along primary street frontages. Within the Cherry Avenue Corridor district the following streets shall have the designations indicated: Primary streets: Cherry Avenue, 9th/10th Connector. Linking streets: 4th St., 5th St., Delevan St., Estes St., Grove St., King St., Nalle St., 9th St., 6th St., 6½ St., 7th St. (7) High Street Corridor. The areas included within this district represent a section of High Street that has historically developed around medical offices and support services, as well as neighborhood- oriented service businesses such as auto repair shops and restaurants. The regulations within this district encourage a continuation of the scale and existing character of uses established within this district, and are intended to facilitate infill development of similar uses. Within the High Street corridor district the following streets shall have the designations indicated: Primary streets: East High Street and Meade Avenue. Linking streets: 11th Street, Gillespie Avenue, Grace Street, Grove Avenue, Hazel Street, Moore's Street, Orange Street, Riverdale Drive, Stewart Street, Sycamore Street, Ward Avenue, and Willow Street. (8) Neighborhood Commercial Corridor district. The intent of the Neighborhood Commercial Corridor district is to establish a zoning classification for the Fontaine and Belmont commercial areas that recognize their compact nature, their pedestrian orientation, and the small neighborhood nature of the businesses. This zoning district recognizes the areas as small town center type commercial areas and provides for the ability to develop on small lots with minimal parking dependent upon pedestrian access. The regulations recognize the character of the existing area and respect that they are neighborhood commercial districts located within established residential neighborhoods. Within this district the following streets shall have the designations indicated: Primary streets: Bainbridge St., Carlton Ave., Douglas Ave., Fontaine Ave., Garden St., Goodman St., Hinton Ave., Holly St., Lewis St., Maury Ave., Monticello Rd., and Walnut St. Linking streets: None. (9) Highway Corridor district. The intent of the Highway Corridor district is to facilitate development of a commercial nature that is more auto oriented than the mixed use and neighborhood commercial corridors. Development in these areas has been traditionally auto driven and the regulations established by this ordinance continue that trend. This district provides for intense commercial development with very limited residential use. It is intended for the areas where the most intense commercial development in Charlottesville occurs. Within this district the following streets shall have the designations indicated: Primary streets: Bent Creek Road, Carlton Rd., Emmet Street, 5th Street, Harris Road, Hydraulic Road, Monticello Ave., and Seminole Trail. Linking streets: Angus Road, East View Street, Holiday Drive, India Road, Keystone Place, Knoll Street, Linden Avenue, Line Drive, Michie Drive, Mountain View Street, Seminole Circle, and Zan Road. (10) Urban Corridor. The intent of the Urban Corridor district is to continue the close-in urban commercial activity that has been the traditional development patterns in these areas. Development in this district is both pedestrian and auto oriented, but is evolving to more of a pedestrian center development pattern. The regulations provide for both a mixture of uses or single use commercial activities. It encourages parking located behind the structure and development of a scale and character that is respectful to the neighborhoods and university uses adjacent. Within this district the following streets shall have the designations indicated: Primary streets: Barracks Road, Emmet Street, and Ivy Road. Linking streets: Arlington Boulevard, Cedars Court, Copeley Drive, Copeley Road, Earhart Street, Massie Road, Meadowbrook Road, Millmont Street and Morton Drive. (11) Central City Corridor. The intent of the Central City Corridor district is to facilitate the continued development and redevelopment of the quality medium scale commercial and mixed use projects currently found in those areas. The district allows single use development, but encourages mixed use projects. The regulations are designed to encourage use of and emphasize proximity to natural features or important view sheds of natural features. Development allowed is of a scale and character that is appropriate given the established development that surrounds the district. Within the Central Corridor district the following streets shall have the designations indicated: Primary streets: East High Street, Harris Street, Long Street, Preston Avenue, Rose Hill Drive, 10th Street, Preston Avenue, and River Road. Linking streets: Albemarle Street, Booker Street, Caroline Avenue, Dale Avenue, 8th Street, Forest Street, 9th Street, and West Street. (12) Water Street Corridor District. The intent of the Water Street Corridor District is to provide for a mix of commercial, retail and entertainment uses in a way that complements and supports the Downtown Pedestrian Mall area. As the Downtown Pedestrian Mall develops, the natural spillover will be to this area. While not a complete pedestrian zone, it contains many characteristics thereof. Development therefore should blend the pedestrian scale with a slightly more automobile oriented feel to achieve this supportive mixed-use environment. Primary streets: All. Linking streets: None. (13) South Street Corridor District. Adjacent to the downtown area and wedged against the railroad tracks is a small grouping of large historic homes, many of which have been converted to offices and/or apartments. In order to preserve the rich character and style of these few remaining structures from another era, the South Street Corridor District has been created. This district is intended to preserve the historic pedestrian scale, recognizing the importance of this area to the history of the downtown area. Primary streets: South Street. Linking streets: None. (14) Corner District. The Corner District is established to provide low-intensity missed-use development to primarily serve the area surrounding the University of Virginia. It encourages development at a scale that respects the established character of the historic commercial area adjacent to the central grounds of the University. Within the district two- and three-story buildings front the streets establishing a pedestrian scale for retail and commercial uses. Primary streets: University Avenue, West Main Street, Wertland Street, Elliewood Avenue 13th Street and 14th Street. Linking streets: Chancellor Street, 12th Street, 12½ Street and 13th Street. (5-19-08(3); 3-21-16, § 2) Sec. 34-541. - Mixed use districts—Intent and description. (1) Downtown Corridor. The intent of the Downtown Corridor district is to provide for a mixture of commercial and residential uses, and encourage such development by right, according to standards that will ensure harmony with the existing commercial environment in the city's downtown area. Ground-floor uses facing on primary streets should be commercial in nature. The area within this zoning district is the entertainment and employment center of the community and the regulations set forth within this district are designed to provide appropriate and convenient housing for persons who wish to reside in proximity to those activities. Within the Downtown Corridor district the following streets shall have the designations indicated: Primary streets: All streets are primary. Linking streets: None. (2) Downtown Extended Corridor. Historically, the areas within the Downtown Extended district contained manufacturing uses dependent upon convenient access to railroad transportation. In more recent times, use patterns within this area are similar to those within the Downtown district. The intent of this district is to encourage an inter-related mixture of high-density residential and commercial uses harmonious with the downtown business environment, within developments that facilitate convenient pedestrian and other links to the Downtown area. Within the Downtown Extended district, the following streets shall have the designations indicated: Primary streets: Garrett Street, Monticello Avenue, 6th Street, East Market Street, Carlton Road, and 10th Street, N.E., Elliott Avenue, Levy Avenue, and East Water Street. Linking streets: Avon Street, City Walk Way, Dice Street, 1st Street S, 4th Street SE, Gleason Street, Goodman Street, Graves Street, Lyman Street, Oak Street, East South Street, and Ware Street. (3) North Downtown North Corridor. The Downtown North Corridor district is the historic center of the City of Charlottesville, and contains many historic structures. In more recent years this area has also developed as the heart of the city's legal community, including court buildings and related law and professional offices, and commercial and retail uses supporting those services. Within this area, residential uses have been established both in single-use and in mixed-use structures. Many former single-family dwellings have been converted to office use. The regulations for this district are intended to continue and protect the nature and scale of these existing patterns of development. Within the Downtown North Corridor district, the following streets shall have the designations indicated: Primary streets: 10th Street NE, 8th Street, N.E. (between High Street and Jefferson Street), 5th Street, N.E., 1st Street N, 4th Street, N.E., East High Street, West High Street, Jefferson Street, East Market Street, West Market Street, 9th Street NE, 9th 1/2 Street, N.E., 2nd Street, N.E., 2nd Street, N.W., 7th Street, N.E., 6th Street, N.E., and 3rd Street, N.E.. Linking streets: Altamont Circle, East Jefferson Street (east of 10th Street, N.E.), 8th Street NE, 11th Street, N.E., Court Square, Lexington StreetAvenue, Locust StreetAvenue, Maple Street, Park Street, and Sycamore Street. (4) West Main West Corridor. The land use and lots on West Main Street west of the railroad bridge are generally larger in size than those east of the bridge. The West Main West district ("WMW") is established to provide the opportunity for large-scale redevelopment that may alter established patterns of commercial and residential development along West Main Street and that will respect the character of neighborhoods in close proximity. Within this district, the purpose of zoning regulations is to facilitate redevelopment while at the same time creating a walkable, mixed use "main street" setting that encourages vibrant pedestrian activity. The following streets shall have the designations indicated: a. Where only one (1) street abuts a lot, that street is considered the primary street. b. Where more than one (1) street abuts a lot, the following are considered primary streets: (i) West Main Street; (ii) Roosevelt Brown Boulevard; (iii) Jefferson Park Avenue; (iv) Wertland Street; (v) 10th Street NW. c. Where a lot with multiple street frontages on the primary streets listed in subsection b. exists, each frontage is considered a primary street. d. Where a lot has multiple street frontages, streets not listed in subsection b. above will be considered a linking street. (5) West Main East Corridor. The land use and lots on West Main Street east of the railroad bridge are smaller than those west of the bridge, containing existing buildings (including historic buildings) that have been renovated to accommodate modern commercial uses. Established buildings are located in close proximity to the street on which they front. Within this district, the purpose of zoning regulations is to encourage a continuation of the established pattern and scale of commercial uses, and to encourage an extension of a walkable, mixed use "main street" setting eastward from the railroad bridge, continuing into the area where the West Main Street Corridor transitions into the city's downtown. Within the West Main Street East district ("WME"), the following streets shall have the designations indicated: a. Where only one (1) street abuts a lot, that street is considered the primary street. b. Where more than one (1) street abuts a lot, the following are considered primary streets: (i) West Main Street; (ii) Commerce Street; (iii) South Street; (iv) Ridge Street; (v) 7th Street SW; (vi) 4th Street NW. c. Where a lot with multiple street frontages on the primary streets listed in subsection b. exists, each frontage is considered a primary street. d. Where a lot has multiple street frontages, streets not listed in subsection b. above will be considered a linking street. (6) Cherry Avenue Corridor. This zoning classification establishes a district designed to encourage conservation of land resources, minimize automobile travel, and promote employment and retail centers in proximity to residential uses. It permits increased development on busier streets without fostering a strip-commercial appearance. It is anticipated that development will occur in a pattern consisting of ground-floor commercial uses, with offices and residential uses located on upper floors. This district is intended to promote pedestrian-oriented development, with buildings located close to and oriented towards the sidewalk areas along primary street frontages. Within the Cherry Avenue Corridor district the following streets shall have the designations indicated: Primary streets: Cherry Avenue, 9th/10th ConnectorRoosevelt Brown Boulevard. Linking streets: 4th Street. SW, 5th St.reet SW, Delevan St.reet, Estes St.reet, Grove St.reet, King St.reet, Nalle St.reet, 9th St.reet SW, 6th St.reet SW, 6½ 1/2 St.reet SW, 7th St.reet SW (7) High Street Corridor. The areas included within this district represent a section of High Street that has historically developed around medical offices and support services, as well as neighborhood- oriented service businesses such as auto repair shops and restaurants. The regulations within this district encourage a continuation of the scale and existing character of uses established within this district, and are intended to facilitate infill development of similar uses. Within the High Street corridor district the following streets shall have the designations indicated: Primary streets: 10th Street NE, East High Street and Meade Avenue. Linking streets: 11th Street NE, 13th Street NE, Duke Street, Gillespie Avenue, Grace Street, Grove Avenue, Hazel Street, Little High Street, Moore's Street, Orange Street, Riverdale Drive, Stewart Street, Sycamore Street, Ward Avenue, and Willow StreetDrive. (8) Neighborhood Commercial Corridor district. The intent of the Neighborhood Commercial Corridor district is to establish a zoning classification for the Fontaine and Belmont commercial areas that recognize their compact nature, their pedestrian orientation, and the small neighborhood nature of the businesses. This zoning district recognizes the areas as small town center type commercial areas and provides for the ability to develop on small lots with minimal parking dependent upon pedestrian access. The regulations recognize the character of the existing area and respect that they are neighborhood commercial districts located within established residential neighborhoods. Within this district the following streets shall have the designations indicated: Primary streets: Bainbridge St.reet, Carlton Ave.nue, Douglas Avenue., Fontaine Ave.nue, Garden St.reet, Goodman St.reet, Hinton Ave.nue, Holly St.reet, Jefferson Park Avenue, Lewis St.reet, Maury Ave.nue, Meridian Street, Monticello Road., Price Avenue and Walnut Street. Linking streets: None. (9) Highway Corridor district. The intent of the Highway Corridor district is to facilitate development of a commercial nature that is more auto oriented than the mixed use and neighborhood commercial corridors. Development in these areas has been traditionally auto driven and the regulations established by this ordinance continue that trend. This district provides for intense commercial development with very limited residential use. It is intended for the areas where the most intense commercial development in Charlottesville occurs. Within this district the following streets shall have the designations indicated: Primary streets: Bent Creek Road, Carlton Road., Emmet Street, 5th Street SW, Harris Road, Hillsdale Drive, Hydraulic Road, Monticello Ave.nue, and Seminole Trail. Linking streets: 250 Bypass, Angus Road, Druid Avenue, East Vview Street, Holiday Drive, India Road, Keystone Place, Knoll Street, Linden Avenue, Line Drive, Michie Drive, Monticello Road, Mountain View Street, Nassau Street, Quarry Road, Rives Street, Seminole Circle, and Zan Road. (10) Urban Corridor. The intent of the Urban Corridor district is to continue the close-in urban commercial activity that has been the traditional development patterns in these areas. Development in this district is both pedestrian and auto oriented, but is evolving to more of a pedestrian center development pattern. The regulations provide for both a mixture of uses or single use commercial activities. It encourages parking located behind the structure and development of a scale and character that is respectful to the neighborhoods and university uses adjacent. Within this district the following streets shall have the designations indicated: Primary streets: Barracks Road, Emmet Street, University Avenue and Ivy Road. Linking streets: 250 Bypass, Arlington Boulevard, Cedars Court, Copeley Drive, Copeley Road, Earhart Street, Old Ivy Road, Massie Road, Meadowbrook Road, Millmont Street, and Morton Drive, and Wise Street. (11) Central City Corridor. The intent of the Central City Corridor district is to facilitate the continued development and redevelopment of the quality medium scale commercial and mixed use projects currently found in those areas. The district allows single use development, but encourages mixed use projects. The regulations are designed to encourage use of and emphasize proximity to natural features or important view sheds of natural features. Development allowed is of a scale and character that is appropriate given the established development that surrounds the district. Within the Central Corridor district the following streets shall have the designations indicated: Primary streets: Grady Avenue, East High Street, Harris Street, Long Street, Preston Avenue, Rose Hill Drive, 10th Street NW, Preston Avenue, and River Road. Linking streets: Albemarle Street, Booker Street, Caroline Avenue, Dale Avenue, Duke Street, 8th Street NW, Forest Street, 9th Street NW, Landonia Circle, and West Street. (12) Water Street Corridor District. The intent of the Water Street Corridor District is to provide for a mix of commercial, retail and entertainment uses in a way that complements and supports the Downtown Pedestrian Mall area. As the Downtown Pedestrian Mall develops, the natural spillover will be to this area. While not a complete pedestrian zone, it contains many characteristics thereof. Development therefore should blend the pedestrian scale with a slightly more automobile oriented feel to achieve this supportive mixed-use environment. Primary streets: All. Linking streets: None. (13) South Street Corridor District. Adjacent to the downtown area and wedged against the railroad tracks is a small grouping of large historic homes, many of which have been converted to offices and/or apartments. In order to preserve the rich character and style of these few remaining structures from another era, the South Street Corridor District has been created. This district is intended to preserve the historic pedestrian scale, recognizing the importance of this area to the history of the downtown area. Primary streets: South Street. Linking streets: None. (14) Corner District. The Corner District is established to provide low-intensity missed-use development to primarily serve the area surrounding the University of Virginia. It encourages development at a scale that respects the established character of the historic commercial area adjacent to the central grounds of the University. Within the district two- and three-story buildings front the streets establishing a pedestrian scale for retail and commercial uses. Primary streets: Jefferson Park Avenue, University Avenue, West Main Street, Wertland Street, Elliewood Avenue, 13th Street NW and 14th Street NW. Linking streets: Chancellor Street, Minor Court Lane, 12th Street NW, 12 1/2½ Street NW, and 13th Street NW. (5-19-08(3); 3-21-16, § 2) Sec. 34-541. - Mixed use districts—Intent and description. (1) Downtown Corridor. The intent of the Downtown Corridor district is to provide for a mixture of commercial and residential uses, and encourage such development by right, according to standards that will ensure harmony with the existing commercial environment in the city's downtown area. Ground-floor uses facing on primary streets should be commercial in nature. The area within this zoning district is the entertainment and employment center of the community and the regulations set forth within this district are designed to provide appropriate and convenient housing for persons who wish to reside in proximity to those activities. Within the Downtown Corridor district the following streets shall have the designations indicated: Primary streets: All streets are primary. Linking streets: None. (2) Downtown Extended Corridor. Historically, the areas within the Downtown Extended district contained manufacturing uses dependent upon convenient access to railroad transportation. In more recent times, use patterns within this area are similar to those within the Downtown district. The intent of this district is to encourage an inter-related mixture of high-density residential and commercial uses harmonious with the downtown business environment, within developments that facilitate convenient pedestrian and other links to the Downtown area. Within the Downtown Extended district, the following streets shall have the designations indicated: Primary streets: Garrett Street, Monticello Avenue, 6th Street, East Market Street, Carlton Road, 10th Street NE, Elliott Avenue, Levy Avenue, and East Water Street. Linking streets: Avon Street, City Walk Way, Dice Street, 1st Street S, 4th Street SE, Gleason Street, Goodman Street, Graves Street, Lyman Street, Oak Street, East South Street, and Ware Street. (3) Downtown North Corridor. The Downtown North Corridor district is the historic center of the City of Charlottesville, and contains many historic structures. In more recent years this area has also developed as the heart of the city's legal community, including court buildings and related law and professional offices, and commercial and retail uses supporting those services. Within this area, residential uses have been established both in single-use and in mixed-use structures. Many former single-family dwellings have been converted to office use. The regulations for this district are intended to continue and protect the nature and scale of these existing patterns of development. Within the Downtown North Corridor district, the following streets shall have the designations indicated: Primary streets: 10th Street NE, 8th Street NE (between High Street and Jefferson Street), 5th Street NE, 1st Street N, 4th Street NE, East High Street, West High Street, Jefferson Street, East Market Street, West Market Street, 9th Street NE, 9 1/2 Street NE, 2nd Street NE, 2nd Street NW, 7th Street NE, 6th Street NE, and 3rd Street NE. Linking streets: Altamont Circle, East Jefferson Street (east of 10th Street, N.E.), 8th Street NE, 11th Street NE, Court Square, Lexington Avenue, Locust Avenue, Maple Street, Park Street, and Sycamore Street. (4) West Main West Corridor. The land use and lots on West Main Street west of the railroad bridge are generally larger in size than those east of the bridge. The West Main West district ("WMW") is established to provide the opportunity for large-scale redevelopment that may alter established patterns of commercial and residential development along West Main Street and that will respect the character of neighborhoods in close proximity. Within this district, the purpose of zoning regulations is to facilitate redevelopment while at the same time creating a walkable, mixed use "main street" setting that encourages vibrant pedestrian activity. The following streets shall have the designations indicated: a. Where only one (1) street abuts a lot, that street is considered the primary street. b. Where more than one (1) street abuts a lot, the following are considered primary streets: (i) West Main Street; (ii) Roosevelt Brown Boulevard; (iii) Jefferson Park Avenue; (iv) Wertland Street; (v) 10th Street NW. c. Where a lot with multiple street frontages on the primary streets listed in subsection b. exists, each frontage is considered a primary street. d. Where a lot has multiple street frontages, streets not listed in subsection b. above will be considered a linking street. (5) West Main East Corridor. The land use and lots on West Main Street east of the railroad bridge are smaller than those west of the bridge, containing existing buildings (including historic buildings) that have been renovated to accommodate modern commercial uses. Established buildings are located in close proximity to the street on which they front. Within this district, the purpose of zoning regulations is to encourage a continuation of the established pattern and scale of commercial uses, and to encourage an extension of a walkable, mixed use "main street" setting eastward from the railroad bridge, continuing into the area where the West Main Street Corridor transitions into the city's downtown. Within the West Main Street East district ("WME"), the following streets shall have the designations indicated: a. Where only one (1) street abuts a lot, that street is considered the primary street. b. Where more than one (1) street abuts a lot, the following are considered primary streets: (i) West Main Street; (ii) Commerce Street; (iii) South Street; (iv) Ridge Street; (v) 7th Street SW; (vi) 4th Street NW. c. Where a lot with multiple street frontages on the primary streets listed in subsection b. exists, each frontage is considered a primary street. d. Where a lot has multiple street frontages, streets not listed in subsection b. above will be considered a linking street. (6) Cherry Avenue Corridor. This zoning classification establishes a district designed to encourage conservation of land resources, minimize automobile travel, and promote employment and retail centers in proximity to residential uses. It permits increased development on busier streets without fostering a strip-commercial appearance. It is anticipated that development will occur in a pattern consisting of ground-floor commercial uses, with offices and residential uses located on upper floors. This district is intended to promote pedestrian-oriented development, with buildings located close to and oriented towards the sidewalk areas along primary street frontages. Within the Cherry Avenue Corridor district the following streets shall have the designations indicated: Primary streets: Cherry Avenue, Roosevelt Brown Boulevard. Linking streets: 4th Street SW, 5th Street SW, Delevan Street, Estes Street, Grove Street, King Street, Nalle Street, 9th Street SW, 6th Street SW, 6 1/2 Street SW, 7th Street SW (7) High Street Corridor. The areas included within this district represent a section of High Street that has historically developed around medical offices and support services, as well as neighborhood- oriented service businesses such as auto repair shops and restaurants. The regulations within this district encourage a continuation of the scale and existing character of uses established within this district, and are intended to facilitate infill development of similar uses. Within the High Street corridor district the following streets shall have the designations indicated: Primary streets: 10th Street NE, East High Street and Meade Avenue. Linking streets: 11th Street NE, 13th Street NE, Duke Street, Gillespie Avenue, Grace Street, Grove Avenue, Hazel Street, Little High Street, Moore's Street, Orange Street, Riverdale Drive, Stewart Street, Sycamore Street, Ward Avenue, and Willow Drive. (8) Neighborhood Commercial Corridor district. The intent of the Neighborhood Commercial Corridor district is to establish a zoning classification for the Fontaine and Belmont commercial areas that recognize their compact nature, their pedestrian orientation, and the small neighborhood nature of the businesses. This zoning district recognizes the areas as small town center type commercial areas and provides for the ability to develop on small lots with minimal parking dependent upon pedestrian access. The regulations recognize the character of the existing area and respect that they are neighborhood commercial districts located within established residential neighborhoods. Within this district the following streets shall have the designations indicated: Primary streets: Bainbridge Street, Carlton Avenue, Douglas Avenue, Fontaine Avenue, Garden Street, Goodman Street, Hinton Avenue, Holly Street, Jefferson Park Avenue, Lewis Street, Maury Avenue, Meridian Street, Monticello Road, Price Avenue and Walnut Street. Linking streets: None. (9) Highway Corridor district. The intent of the Highway Corridor district is to facilitate development of a commercial nature that is more auto oriented than the mixed use and neighborhood commercial corridors. Development in these areas has been traditionally auto driven and the regulations established by this ordinance continue that trend. This district provides for intense commercial development with very limited residential use. It is intended for the areas where the most intense commercial development in Charlottesville occurs. Within this district the following streets shall have the designations indicated: Primary streets: Bent Creek Road, Carlton Road, Emmet Street, 5th Street SW, Harris Road, Hillsdale Drive, Hydraulic Road, Monticello Avenue, and Seminole Trail. Linking streets: 250 Bypass, Angus Road, Druid Avenue, Eastview Street, Holiday Drive, India Road, Keystone Place, Knoll Street, Linden Avenue, Line Drive, Michie Drive, Monticello Road, Mountain View Street, Nassau Street, Quarry Road, Rives Street, Seminole Circle, and Zan Road. (10) Urban Corridor. The intent of the Urban Corridor district is to continue the close-in urban commercial activity that has been the traditional development patterns in these areas. Development in this district is both pedestrian and auto oriented, but is evolving to more of a pedestrian center development pattern. The regulations provide for both a mixture of uses or single use commercial activities. It encourages parking located behind the structure and development of a scale and character that is respectful to the neighborhoods and university uses adjacent. Within this district the following streets shall have the designations indicated: Primary streets: Barracks Road, Emmet Street, University Avenue and Ivy Road. Linking streets: 250 Bypass, Arlington Boulevard, Cedars Court, Copeley Drive, Copeley Road, Earhart Street, Old Ivy Road, Massie Road, Meadowbrook Road, Millmont Street, Morton Drive, and Wise Street. (11) Central City Corridor. The intent of the Central City Corridor district is to facilitate the continued development and redevelopment of the quality medium scale commercial and mixed use projects currently found in those areas. The district allows single use development, but encourages mixed use projects. The regulations are designed to encourage use of and emphasize proximity to natural features or important view sheds of natural features. Development allowed is of a scale and character that is appropriate given the established development that surrounds the district. Within the Central Corridor district the following streets shall have the designations indicated: Primary streets: Grady Avenue, East High Street, Harris Street, Long Street, Preston Avenue, Rose Hill Drive, 10th Street NW, Preston Avenue, and River Road. Linking streets: Albemarle Street, Booker Street, Caroline Avenue, Dale Avenue, Duke Street, 8th Street NW, Forest Street, 9th Street NW, Landonia Circle, and West Street. (12) Water Street Corridor District. The intent of the Water Street Corridor District is to provide for a mix of commercial, retail and entertainment uses in a way that complements and supports the Downtown Pedestrian Mall area. As the Downtown Pedestrian Mall develops, the natural spillover will be to this area. While not a complete pedestrian zone, it contains many characteristics thereof. Development therefore should blend the pedestrian scale with a slightly more automobile oriented feel to achieve this supportive mixed-use environment. Primary streets: All. Linking streets: None. (13) South Street Corridor District. Adjacent to the downtown area and wedged against the railroad tracks is a small grouping of large historic homes, many of which have been converted to offices and/or apartments. In order to preserve the rich character and style of these few remaining structures from another era, the South Street Corridor District has been created. This district is intended to preserve the historic pedestrian scale, recognizing the importance of this area to the history of the downtown area. Primary streets: South Street. Linking streets: None. (14) Corner District. The Corner District is established to provide low-intensity missed-use development to primarily serve the area surrounding the University of Virginia. It encourages development at a scale that respects the established character of the historic commercial area adjacent to the central grounds of the University. Within the district two- and three-story buildings front the streets establishing a pedestrian scale for retail and commercial uses. Primary streets: Jefferson Park Avenue, University Avenue, West Main Street, Wertland Street, Elliewood Avenue, 13th Street NW and 14th Street NW. Linking streets: Chancellor Street, Minor Court Lane, 12th Street NW, 12 1/2 Street NW, and 13th Street NW. (5-19-08(3); 3-21-16, § 2) CITY OF CHARLOTTESVILLE DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT SERVICES STAFF REPORT REQUEST FOR A ZONING TEXT AMENDMENT PLANNING COMMISSION REGULAR MEETING DATE OF PLANNING COMMISSION MEETING: December 11, 2018 Author of Staff Report: Craig A. Fabio, Asst. Zoning Administrator Date of Staff Report: November 2, 2018 Proposed Change To Ordinance: Clarification of residential density calculations and applicable definitions Applicable City Code Provisions: §34-6 et seq. and §34-1200. Definitions Executive Summary This is a proposed zoning text amendment to clarify density regulations, associated with development. Adoption of the change would require amendments to the general Zoning regulations (§34-6 et seq.) and Definitions (§34-1200 et seq.). Background At the most recent Board of Zoning Appeals (BZA) meeting a determination was made that the City of Charlottesville Zoning Ordinance does not clearly define certain uses as Dwelling Units. Specifically, it was determined that under current regulations a Fraternity is not clearly defined as a Dwelling Unit, overturning a decision made by the Zoning Administrator. This determination could be applicable to Boarding Houses and other similar uses as well. Aside from height and setback requirements, the allowable number of Dwelling Units per Acre (DUA) is the primary factor when determining the maximum allowable use for properties in many districts throughout the City of Charlottesville. The existing DUA allowances were established to limit the impacts of development on neighborhoods, in line with the City of Charlottesville Comprehensive Plan. Boarding House uses generally have occupancy allowances higher than the standard four (4) occupants per Dwelling Unit, and thus arguably an already greater impact on neighborhoods. This determination would allow a property to be developed with the total allowable DUA in addition to a Boarding House. For example, a property with an allowable DUA of twenty (20) could be permitted to construct twenty (20) four occupant Dwelling Units as well as a Boarding House, which would not factor into the DUA and could house dozens of additional occupants. Staff finds this determination to be contradictory to the goals of the Comprehensive Plan and has submitted a Zoning Text Amendment to clarify the allowances in the City of Charlottesville Zoning Ordinance. 1 Standard of Review As per §34-42 of the City Code, if initiated, the planning commission shall review and study each proposed amendment to determine: (1) Whether the proposed amendment conforms to the general guidelines and policies contained in the comprehensive plan; (2) Whether the proposed amendment will further the purposes of this chapter and the general welfare of the entire community; (3) Whether there is a need and justification for the change; and (4) When pertaining to a change in the zoning district classification of property, the effect of the proposed change, if any, on the property itself, on surrounding property, and on public services and facilities. In addition, the commission shall consider the appropriateness of the property for inclusion within the proposed zoning district, relating to the purposes set forth at the beginning of the proposed district classification. Proposed Zoning Text Change Amend §34-6 et seq. to clarify existing uses and allowances Amend §34-1200. Definitions et seq. as necessary Standard of Review Analysis 1. Whether the proposed amendment conforms to the general guidelines and policies contained in the comprehensive plan; The 2013 Comprehensive Plan looks to promote infill development, and increase commercial vitality and density in appropriate areas. The proposed amendments will provide clarity necessary to appropriately promote infill development. 2. Whether the proposed amendment will further the purposes of this chapter and the general welfare of the entire community; The purposes of the chapter would be furthered by the amendment. The amendment would provide an additional means to regulate appropriate growth. 3. Whether there is a need and justification for the change; Without the proposed amendments uses with potentially large numbers of occupants and impacts on neighborhoods would not be accounted for in density calculations. Staff has recommended changes to promote appropriate development throughout the City. 4. When pertaining to a change in the zoning district classification of property, the effect of the proposed change, if any, on the property itself, on surrounding property, and on public services and facilities. This zoning text amendment does not include a change in the zoning district classification of any particular property. 2 Public Comment No public comment has been received at this time. Recommendation The City of Charlottesville is a built out City. The majority of development the City will see moving forward will be infill or redevelopment. Due to Zoning regulations and financial restrictions most development looks to maximize the potential of each site. While the proposed changes would appear to reduce the maximum occupancy of properties, as interpreted by the Board of Zoning Appeals, this is not effectively true as the Zoning Administrator’s determination that a Boarding House is a Dwelling Unit is consistent with previous approvals and development. Staff recommends that the zoning text amendments be recommended for approval by the Planning Commission to City Council as written to amend and clarify the City of Charlottesville Zoning Ordinance. Appropriate Motions 1. “I move to recommend approval of this zoning text amendment to amend and re- ordain §34-6 et seq. and §34-1200 (Amendments to the Zoning Ordinance) on the basis that the changes would serve the interests of (public necessity, convenience, general public welfare and/or good zoning practice).” 2. “I move to recommend denial of this zoning text amendment to amend and re-ordain §34-6 et seq. and §34-1200. (Amendments to the Zoning Ordinance) on the basis that the changes would not serve the interests of (public necessity, convenience, general public welfare and/or good zoning practice) for the following reasons: ….” a. b. 3 Proposed Code Language Amend the provisions of 34-6, to add a new subparagraph (j), as follows: 34-6. Interpretation of district boundaries; rules of construction. (a)…. (j) For purposes of calculating residential density of development (dwelling units per acre) the following uses shall be counted as one (1) dwelling unit: boarding house; boarding, fraternity and sorority house; convent; monastery; family day home; residential treatment facility. Amend the Definitions within 34-1200, as follows: Dwelling means a building, or portion thereof, serving as a residence for any persons. Dwelling unit means a building, or any portion thereof, containing a one or more rooms within a building comprising complete, independent set of living facilities for residential occupancy by accommodations suitable for occupancy by one (1) or more persons. Complete, independent living facilities include permanent provisions for living, inclusive of all of the following: sleeping, eating, cooking and sanitation. consisting of sleeping, bathroom, and complete kitchen facilities for the exclusive use of such occupants, and having either direct access from the outside of the building or through a common hall to the outside of the building. Dwelling, multifamily (MFD) means a building, or portion thereof, arranged or designed to contain containing three (3) or more dwelling units. Dwelling, single-family attached (SFA) means a building containing only one (1) a single dwelling unit, where (i) the such building the dwelling is attached or connected by a common party wall to one other building containing only one dwelling unit similar building by a common party wall, and (ii) where each individual dwelling unit is designed and constructed so as to permit its sale as an individual unit. Dwelling, single-family detached (SFD) means a freestanding building that contains containing only one (1) primary a single dwelling unit, i.e., a building and such building that has no attachment or connection by a common party wall with to another similar building. Dwelling, townhouse (TH) refers to any one (1) of a series of three or more single-family attached dwellings, under single or multiple ownership, separated from one another by common party walls continuous vertical walls without openings from basement floor to roof. "Series" refers to a row of three (3) or more townhouse dwellings. Add a new definition to sec. 34-1200: Common party wall means a vertical wall shared by two buildings, without any opening(s) from basement floor to roof. Dwelling, two-family (TFD) means a building that contains , or portion thereof, arranged or designed to be occupied by two (2) families, having only two (2) dwelling units neither of which is an accessory apartment. Accessory apartment means a an independent dwelling unit located on a property on which the primary residential structure is a single-family detached dwelling, a townhouse, or a single-family attached dwelling, and the presence and use of such dwelling unit is for residential occupancy and such use which is clearly subordinate to residential occupancy of the primary residential structure. a single-family detached dwelling and in which no more than two (2) persons reside. When an accessory apartment is contained within the primary residential structure of a single family dwelling, such apartment is referred to as constitutes an "interior accessory apartment." Boarding house means a building, or portion thereof, other than a hotel, which contains three (3) or more rooming units. guest rooms designed or intended to be used, let or hired out for occupancy, for monetary compensation, where the rental or leases are for definite periods of time. Meals may or may not be provided, 4 but there is one (1) common kitchen facility. No meals are provided to outside guests. Also commonly known as a rooming house. Add a new definition to Sec. 34-1200: Rooming unit means one or more rooms: (i) forming a single, habitable unit used or intended to be used for sleeping purposes, but which do not contain permanent provisions for living, inclusive of all of the following: sleeping, eating, cooking and sanitation facilities; and (ii) such room(s) are let continuously to an occupant, in return for compensation (with or without meals included), for a period of more than thirty (30) days. Boarding, fraternity and sorority house means a boarding house occupied building, or portion thereof, which contains three (3) or more guest rooms, designed or intended to be used as a place of room/board for by members of a fraternity or sorority officially recognized by a college or university. Meals may or may not be provided, but there is one (1) common kitchen facility. Condominium means a two-family dwelling or a multifamily multiple dwelling or a development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of state and local laws. Dormitory means a boarding house building, or portion thereof, owned or operated by an educational facility, occupied by which provides boarding-house style accommodations exclusively to students, faculty or and employees of such institution. 5 CITY OF CHARLOTTESVILLE DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT SERVICES STAFF REPORT PRELIMINARY DISCUSSION: BELLEVIEW PUMP STATION SPECIAL USE PERMIT SP18-0009 DATE OF PLANNING COMMISSION MEETING: December 11, 2018 Project Planner: Matt Alfele, AICP Date of Staff Report: November 28, 2018 Project Name: Belleview SD Private Sanitary Pump Station Location: Tax Map 20 Parcels 142 – 148, 121 – 122, 125 – 126, & 129 (Subject Property) Various Owners, according to City GIS records: Azalea Cottages, LLC; Core Azalea, LLC; Gilbert Station, LLC; RL Beyer Construction, Inc. Applicant’s Representative: Justin Shimp with Shimp Engineering, PC. Applicable City Code Provisions: Chapter 34 (Zoning) Zoning District: R-1S – Residential Small Lots Date Special Use Permit application was submitted: October 23, 2018 RE: SUP Application for a private sanitary pump station Background An application for a private sanitary pump station for the subject property was submitted to the City for review on October 23, 2018. Prior to scheduling a Public Hearing, Planning Commission is being asked to become familiar with the project and provide guidance to the applicant. As part of the proposed Belleview Subdivision a private sanitary pump station that can support up to 49 single family homes is being proposed. During staff’s review of the proposed Belleview Subdivision, concerns were raised regarding lawful lots and Utility Facilities. Resolution was reached with the City Attorney’s office and according to Sec. 34-420 Utility Facilities may be perused by Special Use Permit for R-1S lots. A Utility Facility is defined in Sec. 34-1200 as “Utility facilities means and refers to the following: sewage treatment plants, sewer pumping stations, water treatment plants, water pumping stations, gas regulator facilities, gas distribution facilities, incinerators and electric power transformer substations, and utility transmission line alignments and towers owned by public service corporations but which are not governed by city franchise arrangements”. Page 1 of 3 Questions/Topics for Discussion Key points and questions Planning Commission may wish to keep in mind during their preliminary discussion:  Discuss the proposed SUP request in light of the following: o Impacts from an underground sanitary pump station on the surrounding neighborhood. These impacts could be noise, smell, and lighting. o Maintenance of the sanitary pump station. The application materials indicate an HOA will be established and responsible for maintaining the facility. Staff is concerned with the possibility of the HOA becoming defunct and the City stepping in and taking over operation of the facility. o Barriers that are preventing a preferred gravity feed sanitary system. o Planning Commission’s standard of review when discussing a SUP: (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; i. Conformity with federal, state and local laws, as demonstrated and certified by the applicant; and, 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; Page 2 of 3 (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; and (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.  Also keep in mind the proposed SUP is for a sanitary pump station and not residential dwelling units. The corresponding subdivision (Belleview) is a by-right development. Attachments A. Application dated 10/17/2018 B. Project Narrative dated 10/23/2018 C. Sanitary Drainage Exhibit not dated D. Site Plan dated 10/22/2018 E. Link to subdivision information: http://www.charlottesville.org/home/showdocument?id=62715 (Information starts on page 216) Page 3 of 3 Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment B Attachment B Attachment C Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D