Project Name:  ZMA 02-04 Cascadia

Staff:  Sean Dougherty


Planning Commission Public Hearing: 

June 27, 2006

Board of Supervisors Hearing:

August 2, 2006


Owners Robert Hauser Homes, Inc. and Church Hill Development, LLC

Applicant: The Kessler Group, represented by Michael Barnes


Acreage: 60.77 Acres

Rezone from: RA Rural Areas and R6 Residential to NMD Neighborhood Model District   


TMP:   Tax Map Parcel 62-25; Tax Map 78 Parcels 59 and 59A; and Tax Map Parcel 78E-H1    

Proffers:     X                 


By-right use 37 units if all development rights are in tact. 52 with a density bonus.

Magisterial District:  Rivanna


Requested # of Dwelling Units: up to 330

DA  X                             RA


Proposal: A residential development with a mixture of housing types at an average of 5.43 dwelling units per acre with up to 20,000 square feet of non-residential, neighborhood-service uses.

Comp. Plan Designation: Neighborhood Residential with a recommended density of 3-6 dwelling units per acre with supporting non-residential services.


Character of Property:  Hilly and sloping with a mix of open pastures with established and mature woodlands.

Use of Surrounding Properties:  Fontana subdivision and Avemore, Darden Towe Park, Broadus Church, Montessori School


Factors Favorable:

- The applicant has provided a generally workable plan in response to many of the site’s constraints which respond well to the Neighborhood Model.

- The applicant is committing to providing 15% for-sale and for-rent affordable housing in a manner that is acceptable to the Chief of Housing.

- The applicant has coordinated a suitable alignment for an emergency / pedestrian access to Fontana, including funds to construct a future vehicular connection, should it be desired.

- The applicant has supplemented the Code of Development with alternative standards for the sections of the Zoning and Subdivision ordinance for which they are requesting waivers.

Factors Unfavorable:

- The proffers for the Capital Improvements appears insufficient to offset impacts as compared to accepted proffers for similar projects.

- The applicant’s standard for sideyard setbacks on certain lots is narrow and the standard for the length of retaining walls is excessive.


RECOMMENDATION: Staff recommends approval if the cash proffer is increased or a specific commitment to completing improvements in Darden Towe Park is made, if  the standard for sideyard setbacks and retaining walls found in the Code of Development is modified, and with final minor revisions to the proffers and Code of Development.  






STAFF PERSON:                                                                                       Sean Dougherty

PLANNING COMMISSION:                                                                       June 27, 2006

BOARD OF SUPERVISORS:                                                                   August 2, 2006                                                                                                                   

ZMA 2004-00002 Cascadia



PROJECT: Cascadia, ZMA 2002-00004

PROPOSAL:  Rezone 55.71 acres from RA (Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) to NMD (Neighborhood Model District - residential (3 - 34 units/acre) mixed with commercial, service and industrial uses); and rezone 5.06 acres from R-6 (Residential: 6 units/acre) to NMD to allow for up to 330 dwelling units and 20,000 square feet of non residential in a planned district.


EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY:  Neighborhood Density Residential - residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non-residential uses.


LOCATION: Tax Map 62, Parcel 25, Tax Map 78, Parcels 59 and 59A, and Tax Map 78E, Parcel H1 located along Route 20 North, across from Darden Towe Park, north of Fontana Drive and south of Broadus Memorial Baptist Church.



Character of the Area: 

The property is located on Route 20 north across from Darden Towe Park, at the foothills of Pantops Mountain. Uses adjacent to the site include Frost Montessori, the Fontana Subdivision, Avemore, the Elks Lodge, Wilton Farms, and Pantops Shopping Center further to the South. The parcels are close to the edge of the Development Areas, which is located just beyond an unnamed intermittent stream that runs to the north of the Broadus Memorial Baptist Church property.


By-right Use of the Property

Development potential of the property would allow for 37 units if all development rights are in tact. With a density bonus, 52 lots would be the maximum number of lots available.


Specifics of the Proposal

The applicant has proposed a compact neighborhood with a small non-residential center (maximum 20,000 sq. ft.) close to Route 20, and a centrally located neighborhood center, including a clubhouse with a pool. During the March 28, 2006 work session the Commission affirmed that a vehicular connection to Fontana would not be appropriate at this time. This connection, to the rear of the site is now proposed as an emergency / pedestrian connection. Toward the front of the property, a pedestrian pathway (with intermittent stairs and “switchbacks”) climbs the grade through a linear park, intersects the Neighborhood Center (pool and clubhouse) half of the way up the grade, then terminates in Summit Park. The road design and development plan work well with the topography, using the structures to mitigate the grade, and a serpentine vehicular alignment allows for a gentler grade. The project is primarily residential and includes a number of potential housing types, including single family detached on a variety of lot sizes, townhouses (primarily alley-loaded), and multifamily buildings, including a potential senior living facility (See Attachment A, the Location Map; Attachment B, the Code of Development; Attachment C for Proffers). The project is proposed to have two vehicular access points: Cascadia Drive and Route 20, Delphi Drive to Fontana Drive (where traffic signal and pedestrian crosswalk and signal exist).


The application was submitted with proffers. They are summarized as follows:


·        Proffer 1: For affordable housing, the applicant commits to provide 15% affordability on a range of unit types, with at least 33% for-sale. The for-sale units will be in the form of townhouses and condominiums.


·        Proffer 2: Dedicate 20-wide strip of land along Route 20 to accommodate future widening.


·        Proffer 3: Build and dedicate an emergency / pedestrian connection to the edge of the Fontana subdivision. Contribute funds to the County for the purposes of upgrading the connection to provide vehicular access in the future.


·        Proffer 4: Provides the ability for the Church to make a vehicular connection to the non-residential portion of Cascadia and provide to the church a residential lot for purchase that would allow access to church property that is currently inaccessible.


·        Proffer 5: Contribution cash to the CIP for schools and other public facilities per each market-rate dwelling unit as follows: $2,000 for single family, $1000 for townhouse, and $500 for multifamily. Based on the applicant’s proposal, this would amount to roughly $300,000.


Applicant’s Justification for the Request:   

The applicant has stated that the development is a compact development on challenging terrain that creates usable outdoor areas by building into the topography. The plan provides a series of level pocket parks and coherent, walkable transitions in-between. Further applicant justification is that the Comprehensive Plan calls for this area to support Neighborhood Density Residential uses.


Planning and Zoning History

Tax Map 62, Parcel 25, Tax Map 78, Parcel 59, Tax map 78, Parcel 59A, and Tax Map 78 E, Parcel H1 were all zoned “Agricultural” until 1980. In 1980, these parcels were given an RA (Rural Areas) zoning classification. Each parcel remains RA, with the exception of Parcel 78E, Parcel H1 (5.06 acres), which was rezoned to R-6 through ZMA 94-06, allowing for the development of Fontana.


On February 2, 2006, the applicant held an informational meeting regarding Cascadia for residents who live near the project, including Fontana, the closest subdivision and concentration of housing. A Planning Commission public hearing was held on February 28, 2006. A Planning Commission work session was held on March 28, 2006. (See Attachment D for the February public hearing minutes and Attachment E for the March work session minutes.)


During the March 28, 2006 work session, the Commission discussed seven primary topics and offered the applicant feedback and direction for revisions in advance of this public hearing. Staff’s discussion / findings on these topics are underlined in italics as applicable.


  1. The Commission concluded that the proposed development plan adequately reflects the principles of the Neighborhood Model and conforms to the Comprehensive Plan designation for land use.


  1. The Commission concluded that the density and distribution thereof is appropriate. The property’s relationship with the edge of the Rural Areas was discussed as a potential consideration for decreased density. However, the Commission spoke to the need to respect the Comprehensive Plan density range and the associated goals regarding the Neighborhood Model and density in the Development Areas.


  1. The Commission concluded that the connection to Fontana should be graded and stubbed out to the on the adjacent property with an emergency and pedestrian connection. The applicant has responded to this request by proposing Proffer #3, which commits to engineer the connection, grade it, provide a sub –grade to accommodate a future road, and contribute funds to the County to build the road, should future road improvements in Neighborhood Three make the connection more viable.


  1. The Commission concluded that it was not critical that the church participate in the rezoning. In Proffer #4, the applicant proposes strategies that would allow the church to make a vehicular connection to Cascadia and gain access to a portion of the church parcel that the church currently cannot access.


  1. The Commission concurred that they needed more information regarding proffers for similar projects to determine whether the applicant’s cash proffers are sufficient. Staff has a general update on this which is covered in more detail later in this report.


  1. The Commission suggested that the applicant increase the number of affordable units to achieve the affordable housing goal. The applicant has responded by committing to 15% of the total residential lots developed. This 15 % would be a mix of for-sale and for-rent units.


  1. The Commission concurred that the applicant has treated the edge of the Rural Areas appropriately with respect to the Comprehensive Plan.


Comprehensive Plan:

The Land Use Plan recommends the area for neighborhood density residential at a density of 3-6 dwelling units per acre. The Cascadia Plan proposes a maximum average density of 5.4 dwelling units per acre, with the highest density (12.4 dwelling units per acre) in Block 3 and the lowest density (3.3 dwelling units per acre) in Block 6.


The Land Use Plan also designates that Neighborhood Density Areas will accommodate small areas of non-residential land uses on the scale of Neighborhood Service. The overall limit of the non-residential uses (20,000 sq. ft.) and the maximum size of any one retail or restaurant use limited to 4,000 square feet will keep this portion of the project at a neighborhood scale.


Conformity with the Neighborhood Model:


Pedestrian Orientation

Sidewalks are provided on both sides of all streets, except at two locations, which will require a waiver. Details regarding the applicant’s waiver request are described in the waivers evaluation (Attachment H). All dwellings and proposed uses are within a two-minute walk of Cascadia Park, the linear green space that transects the road system as it meanders up the grade. The Village Green will create an anchor of activity and the sort of “place” the Neighborhood Model identifies. Its location among the densest form of development creates a very walkable neighborhood, particularly given the uses proposed in the blocks surrounding the Village Green.  From the Village Green, pedestrian routes are twofold. The applicant proposes a multi-use trail in the naturalized in the Entry Park and sidewalks along Delphi Drive leading to Fontana Drive, Darden Towe Park, existing sidewalks along Route 20, and points east. Additionally, the connection proposed to Fontana would allow for residents to walk and bike to existing and proposed neighborhoods.

Neighborhood Friendly Streets and Paths

Streets will have sidewalks and street trees. The internal street network, by its winding nature, will decrease speeds. This also decreases the overall slope of the roadways, allowing them to be more walkable. The significant use of on-street parking proposed will further work to refine the quality of the streets in the Cascadia Neighborhood. The applicant is requesting a waiver to use private streets.

Interconnected Streets and Transportation Networks

The Commission previously affirmed that a full vehicular connection to Fontana would not be appropriate at this time. The applicant has proffered to build an emergency / vehicle connection and contribute funds to the County to build the road in the future.  A trail has been provided along the Entry Park to Broadus Memorial Church, which will support foot traffic. The applicant has proffered a reservation along that trail to provide vehicular access between the church and the non-residential portion of Cascadia.



Parks and Open Space

The plan provides ample urban-scaled outdoor spaces. Conservation areas along the in the unnamed intermittent stream are delineated. Within the development, the applicant is proposing a clubhouse with a 2,000 sq. ft. pool, a small formal Village Green, a naturalized, but usable Entry Park, three pocket parks and a series formalized spaces and multi-use trails. Two of the pocket parks will contain a tot lot. The property’s proximity to Darden Towe Park affords this project great access to a variety of playing fields, trails, and open space. Pedestrian access is already signaled across Route 20 from Fontana Drive to the entrance of Darden Towe.

Neighborhood Centers

The plan proposes two neighborhood centers in the form of the pool and clubhouse and Village Green with adjacent Non-Residential uses. The Code contains commitments for features and fixtures in the Village Green area including thematic lighting, benches, trash cans, bike racks and furnishings. In addition to these proposed neighborhood centers, Neighborhood Three also contains Avemore, Broadus Memorial Baptist Church, the Elk’s Lodge, Frost Montessori, and the Lewis and Clark Exploratory Center.

Buildings and Spaces of Human Scale

The applicant proposes a front build-to line (as measured from the curb) of a minimum of 15 feet and a maximum of 30 feet. This range results from strong preferences Dominion Power has for the placing underground electrical service. Staff is believes approving this project with the proposed range will allow the developer to proceed with the project with enough flexibility once site planning begins and electrical, gas, cable, and telephone service designs are approved.

The property’s steep incline is a challenge to walkability and human scale. The rendering from Route 20 illustrated in the Code of Development shows a system of stairs extending up the grade. The applicant has committed to constructing stairs of concrete or similar materials where necessary along the pedestrian connection that climbs the grade.

Relegated Parking

Relegated parking is considered that which is located behind and to the side of buildings by the Neighborhood Model. With that definition, the plan relegates parking and the Code of Development commits to this design approach.

Mixture of Uses

The proposal illustrates a mixture of uses. A minimum of 7,000 sq. ft. and a maximum of 20,000 sq. ft. of non residential development seems appropriate at this location. The variety of housing types proposed in Cascadia represents a wide mix.


Mixture of Housing Types and Affordability

The proposal provides a wide variety of housing types including single-family detached, townhouses, multifamily buildings, accessory apartments, two-family dwellings, and residential space above commercial. The applicant is proffering to provide 15% of the maximum allowable dwelling units as affordable housing in for-rent and for-sale products.


The property has served as a residence and farm.

Planning that Respects Terrain

The Cascadia plan illustrates that changes in terrain will be mitigated with terracing in the form of building splits and walkouts.

Clear Boundaries with the Rural Areas

Public input from the residents of Key West, those who use Stony Point Road, and Pantops Masterplan participants indicates that the property’s frontage on Stony Point Road should work to retain the rural character of Stony Point Road. Additionally, public input indicates that the non-residential portion of Cascadia should be hidden from the Entrance Corridor to the greatest extent possible. The applicant has committed to a concept plan for the area that the ARB supports and that works toward the goals stated above. Page 13 of the Code of Development contains a commitment to “preserve as many existing trees as possible”. Any proposal to disturb these trees will be subject to the Planning Director’s approval as part of an early grading plan or by the ARB as part of a site plan. It is unlikely the ARB would approve the removal of all of the trees.



Relevant Neighborhood Three Recommendations from the Comprehensive Plan are as follows:


• Provide Community level park service to the eastern portion of the Neighborhood by installing Community park facilities at Darden Towe Park.


The applicant is not proffering anything specific, but rather providing cash proffers for the County’s Capital Improvement Program. This money could be allocated toward these improvements.


• New development and redevelopment along Route 250 East and Route 20 should be designed in a manner that is sensitive to its location within Monticello’s viewshed and along designated Entrance Corridor Roadways. Utilize the voluntary guidelines outlined in the Neighborhood Three Study for development within the Monticello viewshed.


The proposal responds to this recommendation and has been vetted by the Architectural Review Board. The project is not visible from Monticello. As mentioned, a firmer commitment to retaining trees in the Entry Park would provide greater assurances regarding Entrance Corridor treatment.


• Consider the recommendations of the Neighborhood Three Study for the location of walkways, streetlights and bicycle facilities.


The proposal includes neighborhood-friendly streets and multiple connections.  Standards for the brightness of streetlights and other forms of lighting are contained in the Code. This will be enforceable and will allow for efficient lighting of the Cascadia neighborhood. In keeping with the recommendations the applicant’s proposal includes a multi-use trail along Route 20 and sidewalks parallel to Route 20 on Delphi Drive.


Virginia Byway System

Route 20 is a State designated Virginia Byway. A Virginia Byway is an existing road with relatively significant aesthetic and cultural values, leading to or lying within an area of historic, natural, or recreational significance. A Virginia Byway designation does not place any restrictions upon properties along the Byway. The primary purpose is to give formal recognition to deserving roads and to further the creation of a system of roads to promote tourism and public appreciation of natural and historic resources. The General Development Plan illustrates an appropriate response to the Byway.

Staff Comment:

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

The general development plan conforms to the intent of the Neighborhood Model District.

Anticipated impact on public facilities and services



The initial traffic study (dated May 8, 2003) performed for this property was updated given the age of the original study. (See attachment F for an Addendum to the initial traffic study).


Improvements to Route 20 and Fontana and Elks Drive (widening, sidewalks, and traffic signal) were initially prescribed by VDOT to allow this development. In the past year and a half, these improvements were completed. VDOT’s remaining concern is that the applicant is not proffering enough toward the project’s impacts on the Route 20 and Route 250 intersection and measures required to improve this intersection. VDOT specifically requested that the applicant’s cash proffer be increased to account for an increase in traffic impact at the Route 20/ 250 intersection. The applicant has not amended the cash proffer amount, but has combined funds for CIP and schools (roughly $300,000) to mitigate impacts to schools, roads and infrastructure, emergency services, and parks. VDOT does not have a design or budget for improving the 20/250 intersection. The Cascadia development adds approximately 2,700 trips per day to local roads, with a majority of those trips passing through the Route 20 and 250 intersection.


Water and Sewer


Water and sewer service is adequate to serve the development. A majority of this property is located outside of the Albemarle County Service Authority’s Jurisdictional Area. Action to extend the Jurisdictional Area boundary is expected concurrent with Board action on this rezoning. The existing water pressure at and elevation of 500 feet in the adjacent Fontana subdivision is 3,300 GPM @ 20 PSI. The proposal has been reviewed by Fire and Rescue. This high pressure will safely accommodate this form of development.

Stormwater management

The applicant has proposed to manage most of the site’s stormwater runoff by improving an existing stormwater pond associated with the Fontana subdivision and new detention ponds that will lie between Route 20 and the non-residential portion of the development. A conceptual approach for managing stormwater has been approved by staff. This is a conceptual plan that will not be engineered until the site planning process.

School, and Fiscal Impacts


Attachment G contains the Fiscal Impact Analysis for the project.  The summary of the fiscal analysis reveals a negative net fiscal impact.  This situation is not unusual in that all projects with primarily a residential component result in a net negative fiscal impact.


Anticipated impact on natural, cultural, and historic resources

Significant areas of Important Woodlands (approximately 10 acres), as identified in the Open Space Plan will be lost in order to achieve the proposed density. Some of these woodlands, particularly inside the 50’ preservation area along the unnamed tributary that runs behind the property, will be preserved. During the March 28, 2006 work session, the Commission affirmed the density and development plan are appropriate for this portion of the Development Areas.


Anticipated impact on nearby and surrounding properties

The Commission affirmed that the connection to Verona Drive in Fontana would establish a undesirable condition with respect to the width and design of the existing roads in Fontana. Staff believes the establishment of the emergency and pedestrian connection will allow for these neighborhoods to be sufficiently linked without adding traffic that would originate in or be distributed through Cascadia. A 70-foot setback and a 30-foot screening buffer are proposed from the property line of homes in Fontana. Residential zoning district regulations do not require screening between residential uses. Staff believes the applicant has sufficiently addressed the neighboring residential properties, given the fact that the uses and form of development in this portion of Cascadia will be similar to that in Fontana.


Public need and justification for the change

The Comprehensive Plan recommends for development within the designated Development Areas reflects the justification for the zoning change.




The proffers are acceptable to the County Attorney with minor revisions. The following discusses the substance of the proffers.


Proffer 1: Affordable Housing:

The applicants commits to 15% affordability on the maximum number of units constructed within Cascadia. At least 33% of these would be offered for sale. Up to 33% may be offered as for-rent accessory units above garages or part of the primary structure, and the remainder would be for-rent townhouses and condominiums. The applicant proposes a mechanism for ensuring affordable rental rates on for-rent units that is acceptable to the Chief of Housing. 


Proffer 2: Route 20 Dedication:

This proffer allows for a widening of Route 20 North, should that be pursued in the future, dedicates the land with the first subdivision or site plan, and includes a provision that the applicant will maintain this area until the road is widened or the County requests in writing for this maintenance to cease. At present, there are no widening plans for Route 20 to establish whether more right-of-way is needed. Given this, staff is satisfied with the proposed right-of-way.


Proffer 3: Interconnection:

This proffer establishes the framework and funds for connecting to Verona Drive in Fontana and the larger system of roads anticipated to connect to Rolkin Road and Route 250 East. However, for now, the connection will be built as an emergency and pedestrian connection. The proffer establishes a sub-grade for a future vehicular connection and the funds to construct it. If the funds are not used for the connection within 10 years of approval of the rezoning, the funds may be used for other transportation improvements identified in the CIP for Neighborhood Three. The amount of these funds will not be established until the road is engineered during the site plan stage.


Proffer 4: Church Connections:

This proffer provides a reservation for a private access easement to allow access between Broadus Church and the non-residential portion of Cascadia. The church would be required to build the connection.  The proffer also offers the first right of refusal on a parcel within Cascadia that the church could purchase in order to access part of the church property that is currently inaccessible. The subdivision ordinance could require a connection to this land during the subdivision process in Block 6. However, given the challenging terrain, proximity to the edge of the Rural Areas, large area of critical slopes, and that the connection would provide access to less than 10 lots, a connection to this land may not be required. The applicant has proffered to offer the church the first right of refusal on the lot that could provide access to the church’s land. During the March 28, 2006 work session, the Commission affirmed that the participation of the church in the rezoning was not critical to the rezoning. Staff believes that Proffer 2, regarding connections to Fontana and Proffer 4, regarding connections to the church, provide a reasonable mechanism providing potential future connections.


Proffer 5: Combined CIP and Schools Cash Contribution: This proffer makes a contribution to the CIP for schools and other public facilities for each market-rate dwelling unit as follows: $2,000 for single family, $1000 for townhouse, and $500 for multifamily. Based on the applicant’s proposal, this would amount to roughly $300,000 and will be dependent upon the final mix of housing types in Cascadia.


Capital Improvement Projects


Capital Improvement Projects for which this project increases a need include a fire station in Neighborhood Three, upgrading the Route 250 and Route 20 intersection (vehicular and pedestrian), providing pedestrian facilities from the entrance to Darden Towe Park to the interior, and adding community park facilities (tot lots, basketball court, picnic shelter) to Darden Towe. The estimate for these improvements totals $440,000.


Cascadia’s estimated equitable share of the planned fire station has been estimated at $101,000. That leaves roughly $200,000 for improvement to the Route 250 and 20, schools, and all other impacts associated with the development. The applicant has proffered to provide the County with funds to build the connection to Verona Drive in Fontana or the equivalent amount (to be determined after the connection is engineered) to be contributed to CIP projects in Neighborhood Three. This contribution, if not used for a vehicular connection to Fontana, may be used to improve the Route 20 and 250 intersection or any other capital project identified for Neighborhood Three.




Projects and expenses anticipated for the schools serving Cascadia include construction of a new auditorium at Monticello High School ($5 million), an energy conservation / lighting upgrade for Stoney Point Elementary ($147,000), HVAC replacement at Stoney Point Elementary ($265,000), and general computer upgrades ($1 million). These improvements, though not the sole responsibility of the applicant, total $6,412,000.



 Staff believes that, based on its actions on recent residential rezonings, the Board has set an expectation for offsets to impacts caused by residential developments.  Different types and levels of rezonings will have different impacts.  The location of the proposed development also plays into the amount and type of offsets needed. As such, staff must rely on previous actions of the Board as guidance to applicants on expectations for off-sets to impacts of new development.  The following table is offered for reference.



# of Units

Cash Proffer

ZMA 03-12 Stillfried Lane Townhouses


$3000/unit for capital improvements or affordable housing programs; no physical improvements or land for future public facilities.

ZMA 05-14 Poplar Glen (currently scheduled for a BOS hearing on July 5, 2006)


$3200/unit for capital improvements and $66,000 for affordable housing program in lieu of providing four affordable units; no physical improvements or land for future public facilities.

ZMA 04-24 Old Trail Village


$50,000 Cash proffer for park projects, Cash proffer for schools: $1000/sfd unit; $500/th unit; $250/apt.; Cash proffer for public faculties:  $1000/sfd unit; $500/th unit; $250/mf unit; and physical improvements including completion of Western Avenue and dedication of land for Western Park.

ZMA 05-05  Liberty Hall


$3,200 per unit cash proffer for public facilities; no physical improvements or land for future public facilities.

ZMA  02-04  Cascadia (PROPOSED)


Cash proffer for schools and other public facilities: $2,000 /sfd, $1000/th, $500/mf unit.

Note: sfd = single familty detached, th = townhouse, mfd = multifamily


Proffer Summary


In order to better mitigate the intensity this project adds to this portion of Neighborhood Three, staff feels the cash proffer should be increased to reflect those accepted with similar recent projects or that the applicant’ commit at least one improvement identified in the CIP for Darden Towe Park (pedestrian facilities, tot lot, basketball court, or picnic shelter).


Code of Development


The Code of Development has been revised to include standards that will substitute for sections of the Zoning and Subdivision ordinance for which the applicant is requesting a waiver. Attachment H discusses these waiver requests and Attachment I, a waiver outline, summarizes the request, staff’s recommendation, and any associated conditions. Where necessary, staff has recommended conditions or alternative standards to be added to the Code so that the waiver can be recommended for approval.


Prior to resubmitting materials for a public hearing, the Code of Development was reviewed. Staff offered the applicant recommendations that would allow the Code of Development to be prepared for PC action. Many of these finer-detail changes were made. However, two issues remain.


Staff recommended the applicant amend the Code of Development, Table D on Page 16. A sideyard setback of 3’ (6’ between like structures) is listed for single-family detached lots up to 70’ wide. This would be measured from the property line to closest portion of the structure. Staff recommends that using this setback on the wider lots, primarily in upper portion of Cascadia, would create an undesirable condition with respect to the sideyard, front setback, and mass of single family detached houses permitted to be 38’ tall. Staff’s recommendation is that the 3’ setback only be permitted on lots up to 60’ wide and that a 5’ setback be used on lots wider than 60’. Though this may seem like a small detail, it will have an effect on the massing and character of Cascadia.


In order to resolve issues raised during ARB preliminary review, the applicant was asked to commit to a maximum height and length for walls not visible from the Entrance Corridor. To address this, the applicant has committed to not building walls higher than six feet or longer than 300 feet. The design planner has recommended that continuous walls in lengths greater than 100 feet may be inappropriate. Staff’s concern is that this standard for the length of walls internal to the site is excessive. This standard would allow for a contiguous 1,800 square feet of wall face without measures to break up the massing and better balance the feature with the topography. The applicant has also requested that walls in excess of 6 feet tall or 300 feet long may be approved at the discretion of the Director of Planning. Staff recommends that walls should be limited to 100’ long and 6’ tall and that walls exceeding this length could be permitted at the discretion of the Planning Director.


Waiver and Modification Requests

The applicant is requesting 23 waivers from the Ordinance (See Attachment H for the waiver analysis and Attachment I for an outline of staff’s recommendation and associated conditions). The requested waivers are categorized as follows:


·        Staff supports waiver.

·        Staff cannot support waiver now, but may (with more information) at the site plan stage.

·        Staff cannot support waiver at all.


Since the last submission, the applicant has amended the Code of Development to provide alternative standards for the sections of the Ordinance the waiver is requested. A majority of the issues with the waivers are resolved. Staff is recommending approval for all but three of the waivers. The waivers not recommended for approval are as follows:


- Minimum Number of Required Parking Spaces for Scheduled Uses (may recommend at site plan)

- Minimum Design Requirements and Improvements for Parking Areas (may recommend at site plan)

- Waiver from providing sidewalks on both sides of Delphi Lane (staff does not support)





Factors Favorable to this request


Factors Unfavorable to this request

·        The proffers for capital improvement projects appear insufficient to offset impacts as compared to accepted proffers for other similar projects.




Staff recommends approval of the rezoning if the following is provided:



Waiver Recommendation:

Staff recommends approval of 20 of the 23 waivers requested. Staff may support two requests at the site plan stage when more information is known. Staff does not support one waiver request.





A.     Location Map

B.     Code of Development (on file in the Clerk's office)

C.    Proffers

D.    Minutes from February 28, 2006 PC public hearing

E.     Minutes from March 28, 2006 PC work session

F.     Traffic Study Addendum

G.    Fiscal Impact Report

H.     Full Waiver Analysis and Recommendations

I.         Waiver Check Sheet

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