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Home My WebLink AboutZMA201600022 Staff Report 2019-03-19SUMMARY COUNTY OF ALBEMARLE Project Name: ZMA201600019 2511 Avinity Staff: Megan Nedostup, Principal Planner, AICP Drive Planning Commission Public Hearing: March Board of Supervisors Public Hearing: TBD 19, 2019 Owner: James Moss Applicant: Justin Shimp Acreage: 0.91 acres Rezoning: R1 Residential to PRD Planned Residential District TMP:090000000035LO Proffers: No School Districts: Cale Elementary, Walton By -right use: Residential with existing house on Middle, Monticello High nonconforming lot Magisterial District: Scottsville Requested # of Dwelling Units: 24 DA (Development Area): N4 of Southern Urban Comp. Plan Designation: Urban Density Neighborhoods Residential Character of Property: developed with a single Use of Surrounding Properties: townhouses family house and single family residential Factors Favorable: Factors Unfavorable: None identified 1. Proposed density is in keeping with the recommended density for Urban Density Residential as shown on the Master Plan. 2. A majority of the Neighborhood Model principles are being met. 3. Affordable housing is provided with the development. RECOMMENDATION: 1. Staff recommends approval of the rezoning request. 2. Staff recommends approval of the special exception to modify the minimum area required for the establishment of a district for a Planned Unit Development, with conditions. ZMA 201600022 2511 Avinity Drive Planning Commission March 19, 2019 Page 1 STAFF PERSON: Megan Nedostup, AICP PLANNING COMMISSION: March 19, 2019 BOARD OF SUPERVISORS TBD ZMA201600022 2511 Avinity Drive PROJECT DESCRIPTION PROJECT: ZMA201600022 2511 Avinity Drive MAGISTERIAL DISTRICT: Scottsville TAX MAP/PARCEL: 090000000035L0 LOCATION: 2511 Avinity Dr., approx. 70 feet south of the intersection with Avon St. Ext. PROPOSAL: Rezone property to allow for apartments PETITION: Request for 0.9 acres to be rezoned from R1 Residential zoning district, which allows residential uses at a density of 1 unit per acre to PRD Planned Residential District which allows residential use (3 — 34 units/acre) with limited commercial uses. A maximum of 24 multifamily units is proposed for a density of 26 units/acre. Associated with this request, is a request for a special exception to allow an exception to the minimum acreage requirement of 3 acres for a PRD. OVERLAY DISTRICT(S): ENTRANCE CORRIDOR PROFFERS:No COMPREHENSIVE PLAN: Urban Density Residential — residential (6.01-34 units/acre); supporting uses such as places of worship, schools, public and institutional uses, neighborhood scale commercial, office, and service uses in Neighborhood 4 of the Southern and Western Urban Neighborhoods. POTENTIALLY IN MONTICELLO VIEWSHED: Yes BACKGROUND On September 26, 2017, the Planning Commission heard the applicant's request for approval of ZMA2016-22, provided comments on, and deferred action at the applicant's request. The deferral was to allow the applicant time to address the issues identified below: 1. Permission to use Avinity Drive for access to the development has not been demonstrated. 2. Offsite easements will be required in order to accomplish the development. The ability to obtain these easements has not been demonstrated. 3. Buildings, parking, and a courtyard are shown to cover almost the entire site; however, there is little flexibility to modify the plan and retain the courtyard should site changes be necessary during final design. This is especially important because it appears that ARB requirements cannot be met. 4. Insufficient information has been provided to justify why a PRD of less than 3 acres should be approved, given the fact that it does not share any features, other than potential access, with the adjoining PRD. 5. No information other than setbacks and building height has been provided to ensure architectural compatibility with the adjoining development. 6. Affordable housing information is not sufficiently detailed to ensure that the project will truly provide 20% affordable units. 7. No provision is made for connecting to the property to the south of this parcel. 8. Need for additional amenity area. 9. Need for additional information on stormwater management and area for drainage from underground facility ZMA 201600022 2511 Avinity Drive Planning Commission March 19, 2019 Page 2 SPECIFICS OF THE (DATE) APPLICATION PLAN PLEASE REFER TO THE STAFF REPORT FOR SEPT. 26, 2017 [Attachment A] FOR INFORMATION ON THE CHARACTER OF THE AREA, PLANNING AND ZONING HISTORY, CONFORMITY WITH THE COMPREHENSIVE PLAN, APPLICANT'S JUSTIFICATION FOR THE CHANGE, AND GENERAL IMPACTS OF THE DEVELOPMENT. Since the Commission's meeting in September 2017, the applicant worked with the owner of Avinity to provide a deed of easement to the owner of the Moss property. The required document has been signed and recorded [Attachment E]. The easement is not specific to the number of units that can be served off of Avinity Lane, which is a private street. With provision of the easement from the Avinity owner, the County is satisfied that legal access has been provided. Staff has also met several times with the applicant on the design of the development and ways in which the applicant could satisfactorily address the Commission's concerns. The applicant has addressed the Commission's comments as shown on the revised application plan [Attachment C] and as follows: 1. Permission to use Avinity Drive for access to the development has not been demonstrated. The applicant has obtained the necessary easement for access to use Avinity Drive [Attachment]. Staff believes this concern has been addressed. 2. Offsite easements will be required in order to accomplish the development. The ability to obtain these easements has not been demonstrated. The applicant has obtained the necessary easement for secondary emergency access (Attachment F]. In addition, easements were granted with this deed for landscaping, fencing, and temporary grading. If additional easements for landscaping, fencing, or grading are needed from other properties, they can and will be required at site plan. Staff believes this concern has been addressed. 3. Buildings, parking, and a courtyard are shown to cover almost the entire site; however, there is little flexibility to modify the plan and retain the courtyard should site changes be necessary during final design. This is especially important because it appears that ARB requirements cannot be met.(no longer in the EC) The property is no longer within the Entrance Corridor and, therefore, ARB review and approval is not required. The applicant has demonstrated, through the special exception process [see Attachment D], that sufficient area will be provided for open space. With the conditions recommended for the special exception, staff believes this concern has been addressed. 4. Insufficient information has been provided to justify why a PRD of less than 3 acres should be approved, given the fact that it does not share any features, other than potential access, with the adjoining PRD. The applicant has requested that the required minimum acreage for the establishment of a Planned District be modified [Attachment C]. The ordinance specifies a minimum of three (3) acres for a Planned Residential Development (PRD), and the parcel requested for the rezoning to this district is 0.9 acres. A special exception has been submitted for this request and the analysis is provided as an attachment [Attachment D]. Staff believes this concern has been addressed with the conditions for the special exception. 5. No information other than setbacks and building height has been provided to ensure architectural compatibility with the adjoining development. ZMA 201600022 2511 Avinity Drive Planning Commission March 19, 2019 Page 3 The applicant has provided architectural details for the proposed buildings. Since the property is no longer located within the Entrance Corridor, staff found the design to be reasonably compatible for the surrounding area. Staff believes this concern has been addressed. 6. Affordable housing information is not sufficiently detailed to ensure that the project will truly provide 20% affordable units. The applicant has provided language on the application plan regarding the proposed affordable housing. Staff finds that this language meets the requirements of the Affordable Housing Policy within the Comprehensive Plan and therefore, believes this concern has been addressed. 7. No provision is made for connecting to the property to the south of this parcel. A sidewalk has been provided along the whole frontage of the parcel, and along the access way connection to Avinity Drive. Staff believes this concern has been addressed. 8. Need for additional amenity area. Planning and Zoning staff have evaluated the amenity area provided under the special exception and believe that the courtyard provide is adequate for this development. Staff believes this concern has been addressed. 9. Need for additional information on stormwater management and area for drainage from underground facility. Stormwater management has been shown on the application plan and will conform to all state and County requirements. The County Engineer has evaluated the proposed location of the facility and found it to be adequate and feasible. Staff believes this concern has been addressed. PROFFERS No proffers are made by the applicant. SUMMARY FOR REZONING REQUEST Staff has identified the following factors, which are favorable to this rezoning request: 1. Proposed density is in keeping with the recommended density for Urban Density Residential as shown on the Master Plan. 2. A majority of the Neighborhood Model principles are being met. 3. Affordable housing is provided with the development. Staff has identified the following factors, which are unfavorable to this request: None identified RECOMMENDATION Staff recommends approval of the ZMA201600022 2511 Avinity Drive (Moss), and the Special Exception. PLANNING COMMISSION MOTION FOR ZONING MAP AMENDMENT — A. Should a Planning Commissioner choose to recommend approval of this zoning map amendment: Move to recommend approval of ZMA201600022 2511 Avinity Drive for the reasons stated in the staff report. B. Should a Planning Commissioner choose to recommend denial of this zoning map amendment: Move to recommend denial of ZMA 201600022 2511 Avinity Drive (state reasons). PLANNING COMMISSION MOTION FOR SPECIAL EXCEPTION — A. Should a Planning Commissioner choose to recommend approval of the requested special exception: ZMA 201600022 2511 Avinity Drive Planning Commission March 19, 2019 Page 4 Move to recommend approval of the requested special exception to allow the minimum area required for the establishment of a Planned Residential Development from three (3) acres to 0.9 acres for the reasons stated in the staff report. B. Should a Planning Commissioner choose to recommend denial of the requested special exception: Move to recommend denial of the requested special exception to allow the minimum area required for the establishment of a Planned Residential Development from three (3) acres to 0.9 acres (state reasons). Attachments A: September 26, 2017 Staff Report and Attachments B: Application Plan with revised date of January 8, 2019 C: Applicant Justification for Special Exception D: Staff analysis for Special Exception E: Deed for access to Avinity Drive F: Deed for Emergency Access ZMA 201600022 2511 Avinity Drive Planning Commission March 19, 2019 Page 5 managed slopes F, Avinity Drive 60, private right-of-way W.,a 96 Avinity PRD n I L J, ZMA Application Plan for 2 511 Avmity Drive TMP 09000-00-00-035LO 0.910 Acres CURRENT ZONING: R 1-Residential Entrance Corridor PROPOSED ZONING: Planned Residential District Current Revision: January 8. 2019 Initial: December 12, 2016 Revised: May 15, 2017 Revised: August 7, 2017 T Revised: September 17, 2018 Area / Proposed Density Summary: -------- - -,-- ......................... Uslopes --pr-eserveu - ji - - --- Square Ft. Acreage Percentage ._._- Site Area. 39,640 0.90 ••.•/ -Total --- - �` Proposed Open Space Area*: 11,985 0.275 30 % - - - ----------- A min®um of 25% Open Space is required per Section 19.6.1 of the County Zoning Ordinance. * Sheet 1 See Sheet 5 Exhibit for location of Open Space. Ol V Current Residential Density: 1 dwelling unit / 0.910 acres = 1.1 DUA Overview Exhibit Proposed Residential Density: 24 dwelling units / 0.910 acres = 26.4 DUA ZMA201600022 SHIMPEUNMING P* C. 0G 0 , 00 20G 30G ENGINEERING-LANDPLANMNG-PRO✓EUMNAGEMENT Graphic o,a c wicw si suix a FHONM (934) 227-5140 OWAR�TTEaVwLLE. 0. 22202 Scale: 1 "=100' MR C ANTS INf ON II12I[., I pp,I_ MC gpp�IF [[1BZ'Kt,"Irr NO 1MN WPRgSYCMIS IAC AS LdM OY M5 PIAL.OM/CY/"� [ i'1-9A suma PRaPrmr TIES carol No nga9 e l (NOT A 11000 NAM) AREA) T.Y. 91 PAR. 14 I Y 1700 2ru ❑ RI1r — ya ❑ r��N x '�• '3'• 0 LOT 4 6 T.M. 90 PAR. lR D-B. 397 P. IO2 ia 9101 AClot i t � e LOT s i d i jai $ _ N 31'00'oD' C � ST. RT. 742ii AVON STREET EXTENDED PUT SNOWING PHYSICAL SURVEO Y PARCEL 35L ON �ww cagr 3' n'i TAX MAP 90 N n.=Eaa 1eM ALBEMARLE COUNTY, VIRGINIA Nye SCALE: 1" = 40' JULY 12, 2000 e 20 [0 so Cary N NAelan Lard .Survrym u` �w R� Cha+(PllenNm, Pvy(n ra ue9e 9-a _ Book: 1942 Page: 339 FileNUmber 2000 00010063 Recorded Plat for Parcel 09000- 00- 00- 035LO 80 0 80 160 Graphic Scale: 1 "= ZMA Application Plan for ID 2 511 Avinity Drive TMP 09000-00-00-035LO 0.910 Acres CURRENT ZONING: R 1-Residential Entrance Corridor PROPOSED ZONING: Planned Residential District Current Revision: January 8. 2019 Initial: December 12, 2016 Revised: May 15, 2017 7, 2017 17, 2018 This map is a portion of "Figure 8: Southern Urban Area Neighborhood Future land Use Plan" found in Chapter 4: Future Land Use of the Albemarle County Southern and Western Urban Area Master Plan. Graphic Scale: 1 inch =1,000 feet of 6: Regional Context Exhibit ZMA201600022 SHIMPENGIMMIK, PC ENGINEERING-LANDPLANMNG-PROJECTMANAGF,AMT 912 E NIGH ST SUIM A : (.].) 2 - CHARLOTIESVILLE. VA 22902 JUSTINCISHIMP-ENGINEERING.GOM 40 0 ZMA Application Plan for ,.ha 2 511 AvinityDrive I' -- - C: �M ;1------ TMP 09000-00-00-035LO ' ' - - --- - 0.910 Acres CURRENT ZONING: RI -Residential ♦.. ce En Corridor ...�..r... Entrance rri r ..� t a PROPOSED ZONING: Planned Residential Distric t Current Revision: 2 1 Cu e t evil o. January 8. 0 9 t j� Ini' December 12 2 1 t1a1.•0 6 LL— -- '" — — — — -- :.• --- — R • M 15, 2 17 Revised: a0 _ y .•w�• - -- R A 7 2 17 .�,. Revised: August 0 Ff PP��= Revised: September 17, 2018 EXISTING DRIVEWAYTO BE REMOVED w �••':"• NOteS: •......•.. f FROM ADJOINING OPEN SPACE PARCEL JL(e••''":. 1) There are no preserved slopes on this site. E2) There are no managed slopes on this site. / \ AVON PROPERTIE .� C V;-';y`:.: 3) This property lies within the ACSAjurisdictional area •7• �— 120' ACCES3�EASEMEN TMP 091AO-00-00-0 0 for water and sewer. '•••••f.� j ZONEDPRD ::::i:t':: •""P S 60°36S9 E 67. 8' 4) An existing waterline and easement is available on 1' OPEN SPACE�:if,;:;:: l;; •;4; -w Avinity Drive. • 10, SETBACK Y.n F}l 5) An existing sanitary line and easement is available on ••' v0 I „)� F:°•r:';i7�'+ 6) A 120' access easement (shown) is available on Avinity EXISTING E ° °•. Drive. (r0 BE RE ED) EXIST TREE I N W t+• tl tL :fit::t•: •• 7) A second easement is available on parcel 35A for �•' 4 0 4 _ emergency access. N..` .,::f ::. (TO EMOVED) \ N 17• r:;y; A o ...... 8) This property does not lie within a drinking water d ,. reservoir watershed. (\ �' EXISTING -1HOUSE 9) Topography and boundary information is digitized from r�7q� Y A £ �•;';' ::`,:{ I t10 BE Albemarle County GIS data and from recorded plats. ¢JAMES ROGERS MOSS r j W REMOVED)-1.—,I 10) Additional field survey provided by Commonwealth KAI�LIN E H/ , Surveying, LLC geographic information is • �'I TMP 09000-00-00-035LO '•11 Additionaldigitized from IF Oyi' : ) f z TMP 0 AG-00- approved site plans for Avinity Subdivision ZONED R1-EC SINGLE FAMILY RESISENTIAL SINGI�AMILyATr 7D jn EXISTING (/�f�/) l f r`7 NI (TO BER / D) �.F3ISTINGTREE �.I I I (TO BE REMOVED) II _ RUM: • f _AV I G^^iij•.;':N ijb" lid 4'•':iiii':r•;iW 10' SIDE SE I ' �IiE�"-.mci'•r:'iili''r'I�" i''r'i'lilim. E I f7;i?•.""g•".:::.:ey.;ii+m�'•'•!irPa"> K T--N 50°28'22• W 7BAC O I — ylm WIN BARBOUR 1 "''"'•'+'';:, I J I4u:. TMP 0-035Gq i ^iy: N — :,. ,..:. RY W SR OR S yl TMP 09000-00-035A0 2 1 I I ZONED RI 1�6.1Yi+",,y1 ISEIN AL 1 I DB541PG642 I Sheet 3 of 6: SINGLE FAMILY RESISENTIAL _ Existing Conditions 5. _ I ZMA201600022 �- .i:::� SHIMPENGINE�RING P. C. ?) ENGINEERING fLANDPLANMNG PRD✓EL7 MANAGEMENT PNONFi (934) 227-5140 Graphic Scale: 1 "= ZMA Application Plan for 2 51 1 Avmity Drive TMP 09000-00-00-035LO 0.910 Acres CURRENT ZONING: R 1-Residential Entrance Corridor PROPOSED ZONING: Planned Residential District Current Revision: January 8. 2019 Initial: December 12, 2016 Revised: May 15, 2017 Revised: August 7, 2017 Revised: September 17, 2018 Notes: 1) Landscaping shown on this sheet is conceptual. Landscaping and screening on site shall meet all requirements of Section 32.7.9 of the Albemarle County Zoning Ordinance. 2) Parking shall meet the requirements of Section 4.12 of the Albemarle County Zoning Ordinance. 3) Stormwater management facilities shall be located under the parking area. Stormwater facilities shall not be located in land contributing to the required open space per Sec. 19.6.1 of the Albemarle County Zoning Ordinance. Exact location and design of stormwater management facilities shall be determined during site plan review. 4) Building setbacks for this application shall be as shown on this sheet. Setbacks in Note 6) may be modified to accommodate landscaping. 5) Building heights shall be limited to 3 stories. 6) Setbacks: Front: 15' Side adjacent to PRD zone: 5' Side adjacent to low density residential: 10' Rear: 20' 7) 20% of the units built will be designated as affordable for a period of 10 years from the date of issuance of certificate of occupancy. The units will rent at a rate set by HUD -published Fair Market Rents, making the units affordable to those earning up to 80% of the area median income. The property owner shall maintain records documenting the household income of the occupants of the affordable units; and upon request by the County, the property owner shall provide the County with these records. 8) Large shade trees required to meet landscaping requirements per Section 32.7.9.5 of the Albemarle County Zoning Ordinance shall be planted outside of the electrical utility easement located at the front of the property. 1TE Trip Generation AM PM Use Description I ITE Qty in I out ITotal I in I out Total Apartment 1220124units 1 4 1 10 1 14 1 10 1 7 17 Sheet 4 of 6: General Development Plan ZMA201600022 SHIMPENGMMING P.C. ENGINEERING-LANDPLANMNG-PROJEGTMANAGEMENT o,a c wicw si. suiic s FHONM (934) 227-51+0 Graphic Scale: 1 ZMA Application Plan for 2. 511 Avmity Drive •i . TMP 09000 00 00 035L0 •WAF a _ 0.9 10 Acres c es qu rr ••S `t - - - F - — ` f `, — - ="` j _ _� ' : ,�• ' ' CURRENT ZONING: R 1-Residential ppo14 - Entrance Corridor ---- ------ _ PRO D ZONING: Planned Residential District Current Revision: January 8. 2019 i r �.: N. Initial: December 12, 2016 open i ir� I Revised: May 15, 2017 Space Revised: August 7, 2017 Revised: September 17, 2018 , t' :11 P r • ��' t'lll 4,144 sf per floor AWN • p a� eh3 stories1 a� 1 •- iI1 1 ►�� L IN MY • • 1 1 30 0 30 60 90 56' x 84' 4,704 sf per floof' 3 stories 12 residential units V. G.` i it i i / A minimum of 25% Open Space is required per Section 19.6.1 of the County Zoning Ordinance. Site Area: 39,640 SF Open Space Required: 9,910 SF Open Space Provided: 11,985 SF 2511 Avin ity Dr. Open SpeceAllowtion SF Provided Area Type %of Total Active Recreation Area 3,248 Courtyard 27% Passive Recreation Area 8,737 Lawn/Ped Paths 73% Total Open Space Provided 1L985 Sheet 5 of 6: Open Space Exhibit ZMA201600022 SHIMPEUNMING P.C. ENGINEERING-LANDPLANMNG-PRO✓EGTMNAGEMENT Graphic Scale: 1 "= o,a c wicw si. suiic s FHONM (934) 227-51+0 APARTMENT FRONT ELEVATION APARTMENT CONCEPT 2511 AVINITY DRIVE ALBEMARLE COUNTY, VIRGINIA APARTMENT CONCEPT ]S]I hNIM LPIE NflM4&6CftlNIo. HF91M1 ►', GAINES GROUP Lr.,.e,_- T_,_T. APARTMENT CONCEPT Si.I N'AIIIYGN�E w\bFnILL1F C� W 1-'nFG NN (NITS CONCEALED IF WELL ECTURAL SHINGLE PLANK SIDING 'ONE COLOR PALETTE ZAILING )R STONE „, ".,.IR BREEZEWAY "GAINES GROUP 0 iARCHITECTS 7GAINES GROUP 'IF r_H TF,_T3 ZMA Application Plan for 2 51 1 Avinity Drive APARTMENT RENDERING LanGscaping shawt is conceptual APARTMENT CONCEPT 2511 AVINIIY DRIVE ALBEMARLE COUNTY, VIRGINIA TMP 09000-00-00-035LO 0.910 Acres CURRENT ZONING: R 1-Residential Entrance Corridor PROPOSED ZONING: Planned Residential District Current Revision: February 22, 2019 Initial: December 12, 2016 Revised: May 15, 2017 Revised: August 7, 2017 Revised: September 17, 2018 Revised: Janauary 8, 2019 r10AINEs GROUP L A Sheet 6 of 6: Architectural Elevation ZMA201600022 SHIMPBUIEMI G, PC ENGINEERING-LANDPMAININC -PROJECT MANAGEMENT 912 E HIGH ST, GVITE A PNONE'(d3dJ 221-5160 c r,nRioTTESVILLE. VA —9— JJSMNp9niMP—ENGINEERING. C OV GEMENT SHIMP PROJECT OCIVLIL AND PLANNING ENGINEERING`` C� Amelia McCulley, Director of Zoning & Elaine Echols, Chief of Planning Albemarle County Department of Community Development 401 McIntire Road Charlottesville, VA 22902 August 14, 2018 Revised Exhibits: February 28, 2019 Regarding: ZMA201600022 — 2511 Avinity Drive PRD Open Space Requirements Dear Ms. McCulley & Ms. Echols, In the pursuit of our rezoning request ZMA2016-00022, a request to rezone .91 acre located at TMP 90-35L with a physical address of 2511 Avinity Drive from R-1 Residential to PRD, we want to clarify how the design of our development achieves the character of a PRD, specifically in regards to the intent of the open space requirements, despite not meeting the minimum three (3) acre area requirement per §19.5.1. To remain consistent with open space requirements outlined for PRD zoning districts in §19.6 of the Albemarle County Code, our design proposal dedicates at minimum 25% of the land area of the site to common open space. TMP 90-35L is approximately 39,639 SF; to meet the 25% open space requirements 9,910 SF of common open space would need to be dedicated. Our design proposal provides 11,985 SF of open space, exceeding the 25% minimum requirement. §4.7(c)3 of Albemarle County Code states that not more than eighty (80) percent of the minimum required open space shall consist of the following: (i) land located within the one -hundred year floodplain, (ii) land subject to occasional, common or frequent flooding as defined in Table 16 Soil and Water Features of the United States Department of Agriculture Soil Conservation Service, Soil Survey of Albemarle County, Virginia, August, 1985; (iii) critical or preserved slopes, and (iv) land devoted to stormwater management facilities or flood control devices. Given the PRD land area requirements of three (3) acres, 80 percent of the required open space for a PRD could be dedicated to land that may not be entirely usable or accessible by residents. For the purposes of this letter, usable open space means open space where residents can engage in recreational activities on land that is not considered prone to flooding and is not designated as fragile terrain. For a 3 acre PRD site, .75 acre is required to be designated as open space to meet the open space requirements. Of this .75 acre, .6 acre could be within the one -hundred year floodplain, subject to occasional, common or frequent flooding, designated as critical or preserved slopes, or devoted to stormwater management facilities, leaving .15 acre, or 6,534 SF, for usable, accessible recreation space. The open space provided at 2511 Avinity Drive is nearly double the square footage of the minimum usable square footage of a conforming three (3) acre PRD, despite the land area of 2511 Avinity Drive (.91 acre) being less than a third of the land area of a conforming PRD. The proposed open space at 2511 Avinity Drive is not located within the one -hundred year floodplain, subject to occasional, common or frequent flooding, designated as critical or preserved slopes, or devoted to stormwater management facilities. The open space design proposal at 2511 Avinity Drive exceeds the 25% open space requirement and provides usable open space for residents of the 24 unit development. A more formal courtyard area situated between the two residential buildings will provide residents with the opportunity to sit in the shade of a sitting garden, enjoy lawn games in a designated area that is sufficient in size for corn hole or a small bocce ball court, and stroll along the pedestrian paths around the perimeter of the courtyard. The lawn game area of the courtyard will provide residents the opportunity to engage in active recreation. The remainder of the land area contributing to the open space calculation is largely dedicated to passive recreation and features pedestrian paths and landscaping features to contribute to an enjoyable experience for residents utilizing the interconnected pedestrian paths throughout the development. Included with this letter are two open space exhibits of the site, one showing the open space area calculation for the requested PRD and one showing the proposed courtyard design for the requested PRD. Thank you for your time in reviewing our open space justification for a PRD district at 2511 Avinity Drive. If you have any questions or would like to speak further about this matter please reach out at a time that is convenient for you. Respectfully, Kelsey Schlein Attachments: Open Space Exhibits dated August 14, 2018 251 1 AVINITY DRIVE: Courtyard Exhibit 0.91 ACRE SITE 10 0 10 20 30 3,248 SF Courtyard August 14, 2018 SCALE: 1"=10' 11,985 SF Open Space Provided SCALE: 1 "=30' August 14, 2018 STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Megan Nedostup March 19, 2019 TBD Staff Report for Special Exception to modify the minimum area required for establishment of a district for Planned Residential Development. The applicant is requesting to modify the acreage requirement for Planned Residential Development zoning district. The minimum acreage required for the establishment of the district is three (3) acres and the proposed rezoning parcel is 0.9 acres. County Code § 18-8.2(b) permits any planned district regulation to be modified or waived by the Board of Supervisors as a Special Exception under County Code §§ 18-33.43 through 18-33.51. Staff analysis for County Code § 18-8.2(b)(3) is provided below: 3. Findings. In addition to making the findings required for the granting of a waiver or modification in sections 4, 5, 21, 26, or 32, a waiver or modification may be granted only if it is also found: No modifications or waivers are requested under sections 4, 5, 21, 26, or 32. to be consistent with the intent and purposes of the planned development district under the particular circumstances, and satisfies all other applicable requirements of section 8; Staff has reviewed the intent and purposes of the Planned Residential Development District and found the proposal to be consistent with the purposes including the density, economical and efficient land use, and flexibility for a variety of development for residential types in this area. to be consistent with planned development design principles; The application has been reviewed under the Neighborhood Model Principles and has been found to meet those principles. iii. that the waiver or modification would not adversely affect the public health, safety or general welfare; Staff has found that the public health, safety, and general welfare will be maintained. iv. in the case of a requested modification, that the public purposes of the original regulation would be satisfied to at least an equivalent degree by the modification. The parcel is adjacent to an existing PRD, Avinity, and staff finds that the acreage requirement in this location is less important than the design of the site/development and the provision of a different housing type for this area of the County. The development will contain a courtyard, sidewalks for its residents to walk, is located within 500 feet of Cale Elementary School, and is approximately a mile from the future Biscuit Run Park. Staff recommends approval of this request with the following conditions: 1. The special exception shall include elements depicted on the exhibits entitled "Open Space Exhibit' and "Courtyard Exhibit' prepared by Shimp Engineering and dated August 14, 2018. This document prepared by and when recorded return to: Williams Mullen, P.C. 321 E. Main Street, 0' floor Charlottesville, VA 22902 Attn: Mary Katherine McGetrick, Esq. #47084 Tax Parcel Nos. 091AO-00-00-0OOAO and 09000-00-00-035LO DEED OF EASEMENT AND AGREEMENT THIS DEED OF EASEMENT AND AGREEMENT (this "Agreement") dated as of May 315' 2018 (the "Effective Date"), by and between AVON PROPERTIES, LLC, a Virginia limited liability company (the "Grantor") to be indexed as grantor, and JAMES R. MOSS (the "Grantee") to be indexed as grantee, recites and provides as follows: RECITALS WHEREAS, Grantor is the owner of certain real property located in Albemarle County, Virginia, having approximately 1.7 acres, and being more specifically identified as County tax parcel number 091AO-00-00-000AO (the "Grantor Property"). WHEREAS, Grantee is the owner of certain real property located in Albemarle County, Virginia, having approximately 0.91 acre, with an address of 2511 Avinity Drive, and being more specifically identified as County tax parcel number 09000-00-00-035LO (the "Grantee Property"). WHEREAS, Grantee desires to obtain an easement for access over and through a portion of the Grantor Property as described herein for ingress and egress to and from the Grantee Property for the purposes and subject to the terms and conditions hereinafter set forth. WHEREAS, Grantor desires to grant said easement for access over and through the Grantor Property as hereinafter provided and subject to the terms and conditions hereof. AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals, which shall constitute a part of this Agreement, and the following mutual promises, agreements and undertakings, and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties hereto agree as follows: Access Easement. 1.1 Subject to the terms and conditions set forth herein, Grantor does hereby grant and convey to Grantee, a perpetual, non-public, non-exclusive easement on the Grantor Property for the benefit of and appurtenant to the Grantee Property (together with Grantee and its successors in title) across, along, on, over and through the Grantor Property from the northern boundary of the Grantee Property to the connection point on Avinity Drive, for purposes of ingress and egress from Grantee Property over and across Avinity Drive to Avon Street Extended, a public right of way (the "Easement Area"), for vehicular and pedestrian travel, and ingress and egress to and from the Grantee Property ("Access Easement"). This Access Easement shall be non-public and shall not be dedicated to public use. The Access Easement is shown as "120' Access Easement to Benefit TMP 90-35L" on that certain Plat titled "Subdivision Plat, Avinity, Phase I, Lots 27 thru 93," dated February 9, 2011, prepared by Roudabush, Gale & Associates, Inc. and recorded in Deed Book 4018, page 497. 1.2 The easements, rights of use and access and covenants created herein are (i) expressly made subject to such recorded conditions, restrictions, easements and reservations and such other matters of record as may lawfully apply to the Grantor Property, and (ii) not for the benefit of the general public, but only for the benefit of Grantee, its successors in title, and only that property shown as TM 90 P 35L on the approved application plan attached hereto as Exhibit A. 2. Grantor's Reservation of Rights. Grantor for itself and its successors, assigns, employees, agents, contractors, servants, licensees, customers, affiliates, parent, invitees or guests hereby reserves all rights to the Grantor Property not inconsistent with the rights of use and access and covenants created herein. 3. Captions and Headings. The captions and headings contained in this Agreement are included herein for the convenience of reference only and shall not be construed to limit or enlarge the terms hereof or otherwise affect the meaning or interpretation of this Agreement. 4. Invalidation. The invalidation of any provision of this Agreement by judgment, court order, legislative mandate or a finding that such provision is illegal, invalid or unenforceable shall in no way affect any other provision hereof, and all other provisions hereof shall remain in full force and effect. 5. Waiver. Waiver by any party of a breach of any term or provision of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other tern or provision hereof. 6. Modifications. This Agreement shall not be amended or modified unless in writing by the parties hereto. 7. Governing Law. The parties hereto agree that all matters of construction and interpretation with regard to this Agreement shall be governed by the laws of the Commonwealth of Virginia. 8. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. [Signature Pages Follow] 2 IN WITNESS WHEREOF, the Grantor has placed its signature and seal on this Agreement as of the date and year first written above pursuant to all necessary authority. AVON PROPERTIES, LLC, a Virginia limited Liability coiftany /j _ By: _ Name: - /W J , j )ar'VLO Title: ss,L COMMONWEALTH OF VIRGINIA) ) TO -WIT CITY/COUNTY OF Q�g 4 ca6j jam) The foregoing instrument was acknowledged before me, (Yigc�tSpn (Yl• (��n� d Notary Public, this 3I5'r day of _ k�, 2018, by j S •Ion 1WD as of Avon Properties, LL , a Virginia limited liability company, who is personally known to me, on behalf of the company. Notary Public 36263530_2 Registration Number: �l 4 3 3 (Q LIA My commission expires: ?�1 • ZA1°1 Notary Seal 3 MarIoµe" c �`.: • NOTARY •'•., o PUBLIC RFG. #�g3624 o. n MY oCOMMISSION: Q ? g •. EXPIRES 2 08(31/2079 :• ...... ........... 11 .` FALN (f EXHIBIT A APPROVED APPLICATION PLAN FOR AVINITY 0 -_t- Smd No1jv3q1'1ddv 'Lv'1 Ll L� i ilAJANIAV il Prepared by: Frederick W. Payne (VSB #14185) Payne & Hodous, LLP 414 East Jefferson Street f y Charlottesville, Virginia 22902 €,/p - Tax Map Parcel II) No.: 09000-00-00-035A0, 09000-00-00-035LO DEED OF EASEMENT (for Construction, Landscaping & Grading and for emergency vehicle access) THIS DEED OF EASEMENT is made as ofthis _5 day of 2019, by and between JERRY W. MOSS, SR., AND LAURA J. MOSS, husband and wife, hereinafter collectively Grantor, and JAMES R. MOSS, Grantee. WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Albemarle County, Virginia, identified by Albemarle County Tax Map Parcel ID No. 09000-00-00-035AO, and described as all that certain tract or parcel of land, situated in Albemarle County, Virginia, on the east side of State Route 742, containing 0.895 acres, more or less, as shown and more particularly described on a plat dated September 22, 1978, of record in the Clerk's Office of Albemarle County in Deed Book 780, page 85; and being the same property conveyed to the Grantor by deed of Laura J. Moss, dated March 28, 2003, and recorded in the aforesaid Clerk's Office in Deed Book 2431, page 496; and WHEREAS, Grantee is the owner of that certain real property (hereinafter the "Grantee Property"), identified by Albemarle County Tax Map Parcel ID No. 09000-00-00-035L0, and described as all that certain lot or parcel of land, with improvements thereon, lying and being situate in Albemarle County, Virginia, shown as Lot 4, Tax Map 90, Parcel 35L, containing 0.9101 acres, as shown on a plat by Gary M. Whelan, Land Surveyor, dated July 12, 2000, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1942, page 341; being the same property conveyed to Grantee by deed of Laura Jean Moss, dated January 15, 2014, of record in the said Clerk's Office in Deed Book 4454, page 577; and 1 WHEREAS, for the purposes of redeveloping the Grantee Property, Grantee desires an easement for temporary construction, landscaping, and grading and for emergency vehicle access across portions of the Grantor Property; and WHEREAS, Grantor desires to convey to Grantee such easement on such portions of the Grantor Property that are within the hatched area (hereinafter the `Basement Area") shown on that certain plat prepared by Shimp Engineering PC, dated January 3, 2019, which is attached hereto and incorporated herein as Exhibit A (hereinafter the "Easement Plat"). NOW, THEREFORE, in consideration of the premises and the sum of TEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor does hereby GRANT and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto Grantee, its successors and assigns, a non-exclusive easement over the Easement Area (the "Easement"), on the following terms and conditions. Reference is made to the Easement Plat for the exact location and dimensions of the Easement Area as it crosses the Grantor Property. 1. The Easement is for Grantee's use in connection with its construction and development activities on the Grantee Property. Specifically, the Easement is for the construction activities related to the development of the Grantee Property, including minor grading, regrading, sloping, resloping, contouring or recontouring and landscaping of those portions of the Easement Area as necessary for the aforesaid construction and development activities, as well as for access for fire and other emergency vehicles to the Grantee Property. 2. Grantee and its employees, agents, contractors, successors and assigns shall have full and free use of the Easement Area for the purposes named herein and shall have all rights and privileges reasonably necessary for the exercise of this Easement. 3. Grantee shall, at its sole cost and expense, be responsible for any maintenance or repair required to the Easement Area as a result of the work performed by or at the direction of Grantee and shall otherwise maintain the Easement Area in a good state of repair and in a safe and orderly condition. 4. Upon completion of the work within the Easement Area, Grantee, at its sole expense, shall (a) remove all of its construction and associated debris generated by or at the 2 direction of Grantee during the construction period, (b) restore the Easement Area to as close to its original condition as is reasonably possible under the terms of this Deed of Easement, as applicable, and (c) continue to maintain the easement so that it is safe and convenient for emergency vehicles at all times except in severe temporary weather conditions. 5. This Easement and any rights hereunder shall be appurtenant to and shall run with the Grantee Property. 6. Grantee shall indemnify and hold Grantor harmless from any and all liability, loss or damages, including reasonable attorneys' fees, arising out of or resulting from or in any way connected with the use of the Easement by Grantee, its agents, servants, employees and/or contractors. Notwithstanding anything herein to the contrary, Grantee shall not indemnify or hold Grantor harmless from any liability, loss or damages arising out of or resulting from or in any way connected with the negligence or willful misconduct of Grantor or its agents, servants, employees and/or contractors. WITNESS the following signatures and seals: (((C///�� _(SEAL) Y . MOSS, SR. � 0— ` , "4 PkJ-1 (SEAL) �1URA J. MOSS COMMONWEALTH OF VIRGINIA CITY/COUNTY OF 1211 b-e rvt4�l p , to -wit: The foregoing instrument was acknowledged before me this _5— day of 20 q by JERRY W. MOSS, SR., and LAURA J. MOSS. 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