HomeMy WebLinkAboutZMA201600022 Staff Report 2019-05-15COUNTY OF ALBEMARLE
TRANSMITTAL TO THE BOARD OF SUPERVISORS
SUMMARY OF PLANNING COMMISSION ACTION
AGENDA TITLE:
ZMA201600022 Moss (2511 Avinity Drive)
SUBJECT/PROPOSAL/REQUEST: Request for
0.9 acres to be rezoned from R1 Residential
zoning district to PRD Planned Residential District
(PRD). 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 modify the minimum acreage
requirement of three acres for a PRD.
SCHOOL DISTRICT:
Monticello High School, Walton Middle School, Cale
AGENDA DATE:
May 15, 2019
STAFF CONTACT(S):
Walker, Graham, Benish, Nedostup
PRESENTER (S):
Megan Nedostup
BACKGROUND:
At its meeting on March 19, 2019, the Planning Commission voted to recommend approval of
ZMA201600022 with a recommendation that a revision be made for the fence height and material. The
Commission also recommended approval of the Special Exception request to allow the minimum area
required for a Planned Residential Development to be modified with a condition. The Commission's staff
report, action letter, and minutes are attached (Attachments A, B, and C).
DISCUSSION:
At the Planning Commission meeting there were a few residents of the adjacent Avinity subdivision that
spoke. One of the residents expressed concerns about the existing fence on Avinity property and the
proposed fence being in close proximity to one another, and not the same height. The Planning
Commission discussed the need for two fences within the same area, and while not included in their
motion, expressed a desire if the adjacent owners were amenable, to have flexibility for the applicant to
provide landscaping in lieu of the proposed fence so as not to create a double fence that would be difficult
to maintain (See Attachment C for minutes). Ultimately, the Planning Commission recommended approval
of the rezoning with a recommendation that the fence be increased in height from six feet to eight feet on
the eastern side of the parking lot and make the most southern portion of the fence a solid material.
Since the Planning Commission meeting, the applicant worked with Staff to develop a note to address the
Commission's recommendation, and also their expressed concerns with allowing flexibility, but still
providing the screening necessary. The application plan has been revised to include the following note
(#9 on Application Plan Sheet 4 in Attachment D):
"The proposed fence on the eastern side of the parking lot shall be 8 feet in height, and the most southern
80 feet shall be a solid material. If the owners of tax map parcels 91A-57 and 91A-A would prefer
landscape screening in lieu of the 8 foot proposed fence, then TMP 90-35L shall provide landscape
screening in accordance with 32.7.9 of the Zoning Ordinance. If only landscaping is provided, and the
existing fence on tax map parcel 91A-A is removed, the owner or ownership entity (the "owner") of
TMP90-35L shall construct a fence on TMP 90-35L to provide screening in addition to the landscaping.
The owner shall construct the new fence within 90 days of removal of the fence on 91A-A."
Staff believes this note satisfies the Planning Commission's desire for flexibility while also
assuring that privacy and required screening along the property line is maintained for the
residents of Avinity.
The Commission also recommended approval of the request for a Special Exception to allow the
minimum area required for the establishment of a Planned Residential Development to be
reduced from three (3) acres to 0.9 acres with a condition.
RECOMMENDATIONS:
Staff recommends that the Board adopt the attached Ordinance to approve ZMA201600022 (Attachment
E), and the Resolution to approve the Special Exception (Attachment F).
ATTACHMENTS:
A — Planning Commission staff report- March 19, 2019
A1: September 26, 2017 Staff Report and Attachments
A2: Application Plan with revised date of January 8, 2019
A3: Applicant Justification for Special Exception
A4: Staff analysis for Special Exception
A& Deed for access to Avinity Drive
A6: Deed for Emergency Access
B — Planning Commission action letter
C — Planning Commission minutes
D — Revised Application Plan dated April 18, 2019
E — Ordinance to approve ZMA201600022
F — Resolution to approve Special Exception
SUMMARY
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
SUMMARY
COUNTY OF ALBEMARLE
Project Name: ZMA201600019 2511 Avinity Drive
Staff: Elaine K. Echols, FAICP
Planning Commission Public Hearing: Sept. 26,
Board of Supervisors Public Hearing: TBD
2017
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 Middle,
By -right use: Residential with existing house on
Monticello High
nonconforming lot
Magisterial District: Scottsville
Requested # of Dwelling Units: 24
DA (Development Area): N4 of Southern Urban
Comp. Plan Designation: Urban Density Residential
Neighborhoods
Character of Property: developed with a single
Use of Surrounding Properties: townhouses and single
family house
family residential
Factors Favorable:
Factors Unfavorable:
1. Proposed density is in keeping with the
1. Feasibility to accomplish the rezoning has not been
recommended density for Urban Density
established: the applicant has not demonstrated
Residential as shown on the Master Plan.
permission to use Avinity Drive for access to the
2. Relegated parking is provided, in keeping with
development.
the Neighborhood Model.
2. Offsite easements will be required in order to
3. Affordable housing may be provided with the
accomplish the development as proposed. The
development.
ability to obtain these easements has not been
demonstrated.
3. It appears that ARB requirements for landscaping
and street trees cannot be met with the proposed
development. Buildings, parking, and a courtyard
are shown to cover almost the entire site and there
is little flexibility to modify the plan and retain the
courtyard should site changes be needed.
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.
RECOMMENDATION:
Due to the outstanding issues listed under unfavorable factors, staff cannot recommend approval of
ZMA201600022.
ZMA 201600022 2511 Avinity Drive
Planning Commission Sept. 26, 2017
Page 1
ATTACHMENT A
STAFF PERSON: Elaine K. Echols, FAICP
PLANNING COMMISSION: September 26, 2017
BOARD OF SUPERVISORS TBD
ZMA201600022 2511 Avinity Drive
PROJECT: ZMA201600022 2511 Avinity Drive
MAGISTERIAL DISTRICT: Scottsville
TAX MAP/PARCEL: 090000000035LO
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 PRO 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.
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
CHARACTER OF THE AREA
The property is located on Avon Street Extended, south of Cale Elementary School. It is directly south of the
Avinity townhouse development, which is currently under construction. The Lake Reynovia residential
development is across Avon Street; low -density residential development is to the east and south. Attachment
A shows the location of the development.
SPECIFICS OF THE PROPOSAL
The applicant proposes to replace a single family house on a parcel of a little less than one acre with two
apartment buildings, a plaza -amenity, and parking area to be accessed from Avinity Drive. Twenty-four units
are proposed for a density of 26 units per acre. The plan is included as Attachment B. There are no proffers;
however, the applicant has placed a note on the plan which says, "20%affordable housing"
APPLICANrsJUSTIFICATION FOR THE REQUEST
The applicant cites the Comprehensive Plan as the justification for the request.
COMMUNITY MEETING
A community meeting for this project was held on March 22, 2017. There were approximately 19 attendees
including three persons who represented the applicant. The following concerns were raised:
• Limited numbers of parking spaces may cause spill over into the Avinity development
• Right of access to Avinity Drive and responsibilities for maintenance
• Potential damage to the Avinity Drive median with construction trucks
• Limited amenity area causing new residents to believe they can use amenities in the Avinity
development
• Architectural compatibility of the two developments.
ZMA 201600022 2511 Avinity Drive
Planning Commission Sept. 26, 2017
Page 2
ATTACHMENT A
PLANNING AND ZONING HISTORY
The property was zoned R1 Residential in 1980. No subdivision activity has taken place since that time.
However, a proffer for access to this property from Avinity Drive (to replace the driveway to the single family
house) was accepted with ZMA200600005 Avinity. An easement for access to 2511 Avinity was platted with a
subdivision for Avinity; however, no deed of easement with conditions was filed. This issue is discussed later in
the report.
Land Use: The property is designated for Urban Density Residential development in the Southern and Western
Urban Neighborhoods Master Plan. Density is recommended at 6.01— 34 units per acre. The development
proposes a density of 26 dwellings per acre, which is within the density range. No other specific
recommendations are made in the Master Plan for this area.
Density and Infill: The Comprehensive Plan promotes different levels of density for new development in the
development areas based in large part on context. Sensitivity to existing neighborhoods is important with infill
development and redevelopment. Strategy 20 in the Development Areas Chapter speaks to redevelopment in
this way:
Redevelopment can bring about a positive change to an area; however, care should be taken in
designing new buildings and structures. Creating a more urban area with greater densities can affect
existing neighborhoods as well as historic buildings and sites. Care is needed so that redevelopment
complements rather than detracts from nearby neighborhoods or historic properties. Massing, scale,
building style, materials, and other architectural elements should tie together new and old buildings.
Guidelines for redevelopment may be needed to help ensure compatibility. Strategy 6b addresses
this issue, as well. The Economic Development Chapter provides recommendations on ways the County
could promote redevelopment of areas to transform them into attractive and accessible centers for
employment.
While low density development generally is not anticipated in the Development Areas, the location and
proposed design weigh heavily in rezoning decisions.
To help determine compatibility with Avinity, staff asked if elevations could be provided showing architectural
characteristics. The applicant has indicated that it is premature to provide such drawings and said that
compatibility will be assured by the Architectural Review Board. This issue is discussed later in the report.
Neighborhood Model:
The following text describes how the proposed development meets or does not meet the principles of the
Neighborhood Model.
Pedestrian Orientation Sidewalks are shown on the rezoning plan across the frontage of Avon Street,
along Avinity Drive, and within the development. Staff notes that a sidewalk
along Avinity Drive will require an agreement with the owner of this property
in Avinity. Additionally a sidewalk shown on the northern property line will
require offsite easements. This principle will be met when it is demonstrated
that permission exists or can be given for improvements and construction on
the adjoining property. This principle is met in theory. It is discussed later in
the report.
ZMA 201600022 2511 Avinity Drive
Planning Commission Sept. 26, 2017
Page 3
ATTACHMENT A
Mixture of Uses
This proposal is for residential use and, due to the small size of the parcel and
proximity to both a school and employment area, no mixed use element is
viewed as necessary.
This principle is not applicable.
Neighborhood Centers
The development is not part of an identified center; however, it is near Cale
Elementary School which acts as a center for the neighborhood. The closest
designated center on the Master Plan is near Monticello High School.
This principle is met.
Mixture of Housing
A single housing type is shown on the plan which, given the size of the site and
Types and Affordability
its location adjacent to a mixed housing type development, is acceptable.
Regarding affordability, a note on the plan says, "20%affordable housing".
Additional language will be needed to provide the parameters for providing
this housing. This principle is met in theory. It is discussed later in the report.
Interconnected Streets
The application plan shows a vehicular connection to Avinity Drive but no
and Transportation
pedestrian or vehicular connection to the property to the south. Provision for
Networks
an interconnection to the south will help set up opportunities for
redevelopment of those properties in the future. This principle is partially
met.
Multi -modal
The closest transit stops are at Piedmont Virginia Community College and at
Transportation
the Albemarle County Office Building on 51h Street, making access to transit
Opportunities
difficult. Bike racks have been shown on the plan to encourage bicycling.
Given the limited ways in which multi -modal opportunities could be provided,
this principle is met.
Parks, Recreational
The amenity area for this development is approximately 1/6 of an acre (48' x
Amenities, and Open
56'). It represents 6% of the site. However, the development is approximately
Space
400 feet from Cale Elementary School, which serves as a park after school
hours. Provided the on -site amenity area is not reduced further in size, staff
believes additional amenity area is not necessary. This principle is met. To
justify the request for a smaller minimum PRD size, staff believes it would be
advantageous to share amenities with Avinity
Buildings and Space of
The application plan contains a note that buildings will not be taller than 3
Human Scale
stories in height. With setbacks of 15 feet, it appears that an appropriate
height and distance from the street could be achieved if there is also room to
meet Entrance Corridor requirements. However, residents who attended the
community meeting held in March were very concerned about the need for
compatibility in appearance of units along Avon Street extended. Staff shares
their concerns for appropriate form, massing, and general character of the
buildings. If elevations cannot be provided now, the applicant could describe
features of the proposed development on the application plan describing how
compatibility will be achieved. This principle is not met.
Relegated Parking
A very positive feature of the application plan is the relegated parking
provided with the design. However, it is not clear that permission to use
Avinity Drive is feasible. Without the ability to use Avinity Drive, relegated
parking cannot be achieved on this small parcel. This principle is met in theory.
Redevelopment
Redevelopment of an existing single family structure is proposed.
This principle is met.
ZMA 201600022 2511 Avinity Drive
Planning Commission Sept. 26, 2017
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ATTACHMENT A
Respecting Terrain and
A proposed grading plan was not provided as part of the concept plan;
Careful Grading and Re-
however, there are no identified managed or preserved slopes on the
grading of Terrain
property. Due to the relative flatness of the parcel, no grading information
appears to be necessary. This principle is not applicable.
Clear Boundaries with
The property is not adjacent to a Rural Area boundary.
the Rural Area
This principle is not applicable.
Although many of the Neighborhood Model principles are met or can be met with the design, the amount of
development proposed creates a very tight site with little to no room for rearrangement of buildings and
parking. At present, the plan shows improvements right at the property line in some places, meaning that
offsite easements will be required. The Design Planner notes that overhead lines exist along Avon Street,
which is an Entrance Corridor (EC). The overhead lines are not shown on the plan, but it appears they are
located 15' from the proposed trees, which will not allow sufficient space for required trees in the EC. In
addition, planting area on the south side of the parking lots is extremely limited. When final engineering and
landscape design is done for the plan, staff worries that the amenity area will be diminished such that it is not
really usable.
Regarding affordable housing, a note on the plan says, "20%Affordable Housing," which would indicate that
five affordable units will be provided in the development. Staff has asked for clarification on the meaning of
the note as well as ways in which meeting the Countys goals for 15% affordable units can actually be
accomplished. Outside of proffers, which the July 2016 State legislation disallowed for affordable units, the
County's Housing Director wonders if the County could consider a rental rate agreement be developed prior to
approval, setting forth the terms of rental for these five units. He has noted that the County uses rental rate
agreements for (by -right) density bonuses. Normally, staff would work with the applicant to establish
parameters for providing affordable housing prior to the Planning Commission's public hearing. In this
situation, the applicant has requested a public hearing without working out the details. The County would
want to understand the conditions under which affordable units will be provided, in order to know whether
the Comprehensive Plan goals have been met.
Relationship between the application and the purpose and intent of the requested zoning district
The requested zoning district is Planned Residential Development (PRD). According to the zoning ordinance,
this district is intended to encourage sensitivity toward the natural characteristics of the site and toward
impact on the surrounding area in land development. More specifically, the PRD is intended to promote
economical and efficient land use, an improved level of amenities, appropriate and harmonious physical
development, and creative design consistent with the best interest of the county and the area in which it is
located.
The PRD provides for flexibility and variety of development for residential purposes and uses ancillary thereto.
Open space may serve such varied uses as recreation, protection of areas sensitive to development, buffering
between dissimilar uses and preservation of agricultural activity. While a PRD approach is recommended for
developments of any density, it is recommended but not required that the PRD be employed in areas where the
comprehensive plan recommends densities in excess of fifteen (15) dwelling units per acre, in recognition that
development at such densities generally requires careful planning with respect to impact.
A minimum area of 3 acres is required for PRDs. The applicant has requested a special exception to allow a
minimum of 0.91 acres for a PRD, citing the location of the Avinity PRD adjacent to this project. Attachment C
contains the special exception request, which cites affordability and density as the rationale for the request. In
the past, the County has approved acreage of less than the minimum requirement when new property was
ZMA 201600022 2511 Avinity Drive
Planning Commission Sept. 26, 2017
Page 5
ATTACHMENT A
being added to an existing PRD and amenities and road systems would be shared. In this case, no sharing of
amenities is proposed. It is unknown whether sharing the private street, Avinity Drive, for access is possible.
Staff believes that the proposed development provides for an economical and efficient land use, but is not yet
convinced that harmonious development has been demonstrated.
The PRO also requires 25%open space, which the applicant believes has appropriately been illustrated and
calculated on the Application Plan. Open space is intended to provide active and passive recreation, protect
areas sensitive to development, buffer dissimilar uses from one another and preserve agricultural activities.
Open space is supposed to remain in a natural state and shall not be developed with any improvements,
except for (i) agriculture, forestry and fisheries, including appropriate structures; (ii) game preserves, wildlife
sanctuaries and similar uses; (iii) noncommercial recreational uses and structures; (iv) public utilities; (v)
individual wells; (vi) in a cluster development, onsite sewage systems if the Department of Health determines
that there are no suitable locations for a subsurface drainfield on a development lot; and (vii) stormwater
management facilities and flood control devices. In the Development Areas, staff has acknowledged that the
role of open space is different from open space in the Rural Area. However, staff has difficulty agreeing with
the applicant that the area shown as open space, which includes the area for emergency access, the courtyard,
front planting area between Avon Street Extended, all foundation plantings, and almost all on -site sidewalks
meets the open space requirements.
Staff noted earlier in the report that the
courtyard amenity area along with the Cale
Elementary playing fields can serve the
recreational needs of the development. For
perspective, the image to the right taken from
Google Maps illustrates an urban amenity area
for a new hotel in Charlottesville. This area is
similar in size to the courtyard on the
application plan. The minimum open space that
has been approved in several Neighborhood
Model developments has been 10%. If the
applicant does not wish to provide more
315 W Main Street
undeveloped space on the site, he will need to request a special exception to the 25% open space
requirement.
Anticipated impact on public facilities and services
Streets: As mentioned earlier in this report, proposed access from Avinity Drive, which is a private street
within the Avinity development. Over the course of this review, staff has requested that permission to use
Avinity Drive be demonstrated. The adjoining property owner, Avon Properties, LLC, has also contacted the
County several times with concerns for rights for passage and future maintenance. The applicant provided
copies of deeds and plats, which he says establish rights to use the roads in Avinity. However, after review, the
County Attorneys office does not agree that rights to use Avinity Drive for this development exist. Without a
deed of easement or knowledge that such an easement will be granted by the owner of Avinity Drive and TMP
091AO-00-00-000AO, there is no way to guarantee that future residents of this development will be able to use
Avinity Drive for access.
Staff from the Virginia Department of Transportation (VDOT) reviewed the proposal and did not see any
impacts to Avon Street Extended. Their only comment was that a right -turn lane may be needed, which can be
dealt with at the site plan stage.
ZMA 201600022 2511 Avinity Drive
Planning Commission Sept. 26, 2017
Page 6
ATTACHMENT A
Stormwater Management: Stormwater detention is proposed underneath the eastern parking lot.
Underground storage is the only way the proposed development could accommodate stormwater
management since the rest of the site would be developed with buildings, parking, a courtyard, and an
emergency access area. The County Engineer has said that the applicant has provided no information on where
the facility will drain. He has said that an outlet may require an easement from adjacent owner. Although staff
has requested a demonstration that offsite easements can be obtained, the applicant has yet to provide the
necessary information.
Fire and Rescue: Fire and Rescue staff have reviewed the request and have no concerns. An emergency access
easement is shown across the southwestern corner of the property. This same area is also shown for open
space. Staff notes that it would be difficult for the emergency accessway to serve the dual purpose of amenity
area and emergency access.
Utilities: ACSA and RWSA have indicated that water and sewer service are available for this project.
Schools: Albemarle County Schools estimates that the proposed development will generate five students. It is
estimated that three of those students would go to Cale Elementary and two students would go to Burley
Middle School and Monticello High School. According to the Schools Division, Cale is currently at capacity. One
of the challenges with Virginia Code §15.2-2303.4 is knowing how to advise applicants on ways to mitigate
impacts. School enrollment figures change from year to year and district boundaries can changeover time.
Rather than proffer mitigation of school impacts, the applicant has indicated he will provide 20% affordable
housing.
Parks: No additional impacts to parks are expected from this development because playgrounds at all of the
County schools act as public parks during non -school hours. The proposed development is approximately 400
feet from Cale Elementary School, which can provide for recreational amenities after school hours.
Anticipated impact on natural, cultural and historic resources
There are no known natural, historic, or cultural resources on the property.
Anticipated impact on nearby and surrounding properties
The proposed plan shows improvements on adjoining properties which are not owned by the applicant.
Landscaping, construction/grading, and drainage easements will be needed if the plan is to be accomplished.
To date, no evidence that these easements will be granted has been provided.
As noted above, neighboring property owners raised concerns for sufficient parking area, architectural
compatibility, and amenity area at the community meeting for this request. Staff continues to share concerns
about architectural compatibility. Staff also worries that final design of the site will result in a reduction in
amenity area on the site.
Public need and justification for the change
Provision of residential units in the Development Areas is in keeping with the County's growth management
goals for residential development at higher densities in the County's designated Development Areas.
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:
ZMA 201600022 2511 Avinity Drive
Planning Commission Sept. 26, 2017
Page 7
ATTACHMENT A
1. Proposed density is in keeping with the recommended density for Urban Density Residential as shown
on the Master Plan.
2. Relegated parking is provided, in keeping with the Neighborhood Model.
3. Affordable housing maybe provided with the development.
Staff has identified the following factors, which are unfavorable to this request:
1. Feasibility to accomplish the rezoning has not been established: the applicant has not demonstrated
permission to use Avinity Drive for access to the development.
2. Offsite easements will be required in order to accomplish the development. The ability to obtain these
easements has not been demonstrated.
3. It appears that ARB requirements for landscaping and street trees cannot be met with the proposed
development. Buildings, parking, and a courtyard are shown to cover almost the entire site and there
is little flexibility to modify the plan and retain the courtyard should site changes be needed.
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.
Due to the number of outstanding issues, staff cannot recommend approval of this rezoning or the requested
special exception to reduce the minimum acreage for a PRD.
PLANNING COMMISSION MOTION —
A. Should a Planning Commissioner choose to recommend approval of this zoning map amendment:
Move to recommend approval of ZMA201600022 2511 Avinity Drive.
B. Should a Planning Commissioner choose to recommend denial of this zoning map amendment:
Move to recommend denial of ZMA 201600022 2511 Avinity Drive for the reasons identified as factors
unfavorable to this request in the staff report.
Attachments
A: Location Map
B: Rezoning Plan dated August 4, 2017
C: Special Exception Request dated August 7, 2017
ZMA 201600022 2511 Avinity Drive
Planning Commission Sept. 26, 2017
Page 8
ATTACHMENT A
managed
slopes
Avinity Drive l I
60private right-of-way _--_---� ja`
i
Avinity PRD
7-- --
41
o,a �.
b „�a.m.
„o
Site
-- _ -
�I
96
Area / Proposed Density Summary:
Square Ft. Acreage Percentage
Total Site Area: 39,G40 0.910 100.0 %
Proposed Open Space Area*: 1 1,985 0.275 30 %
A minimum of 25% Open Space 15 required per Section 19.G. I of the County Zommg Ordinance.
See Sheet 5 Exhibit for location of Open Space.
Current Residential Density: I dwelling unit / 0.9 10 acres = 1 . 1 DUA
Proposed Residential Density: 24 dwelling units / 0.9 10 acres = 2G.4 DUA
ZMA Application Plan for
25 1 1 Avinity Drive
TM P 09000-00-00-03 5 LO
0.9 10 Acres
CURRENT ZONING: RI -Residential
Entrance Corridor
PROPOSED ZONING: Planned Residential District
Current Revision: January 8. 201 9
Initial: December 12, 20 1 G
Revised: May 15, 2017
�--- Revised: August 7, 2017
T Revised: September 17, 2018
(`J slopes
i i
_i........
N Sheet I of G:
Overview Exhibit
ZMA201000022
AIMMMENUNEERIN6P.C.
100 0 100 200 300 E,GINF.F.RING-IANDPIANMNG-PROJELTMANAGF.MENT
oia c wicw si suix a FHONM (934) 227-5140
Graphic Scale: 1 "=100' ON.a�,.ESwLLE. 0. 22202
ATTACHMENT B
MIS CEWWS RWr ON 7/1 ti 1 I AlIM1L14D 1Y $F Cry VA ttFl i14 w
YPR CERTI rS AW WAS 711 OY M1 NA1 l
SUWEC °flpV[AIY UES WITHIN HV0 R" x /
(NOT A fL000 NAI/RD AREA)
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ST. RT. 742:i AVON STREET EXTENDED
PUT SNOWING PHYSICAL SURVEY
PARCEL 35L ON
h. IN3
TAX MAP 90
ALBEMARLE COUNTY, VIRGINIA
.`
SCALE: 1' = 40' JULY 12. 2000 r ° 'uotla
0 2R eo+ u
Caryl /. fte[an
CAanlinft v U,, /5'ryinio
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Book: 19Q Pape: 339 FNNumber: 200040010053 Seq:3
Recorded Plat for Parcel 09000-00-00-0351-0
80 0 80 160
Graphic Scale: 1 "=
ZMA Application Plan for
25 1 1 Av i n i ty Drive
TM P 09000-00-00-03 5 LO
0.9 10
Acres
CURRENT ZONING: RI-Re5ldential
Entrance Corridor
PROPOSED ZONING: Planned Re5ldentlal
Dl5trict
Current Revl5lon: January 8.
20 19
Initial: December
12, 201 G
Revised: May
15, 2017
t 7, 20 1 7
g
5e. 3eptembed
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 ofthe
Albemarle County Southern and Western Urban Area Master Plan.
Graphic SW le: 1 inch =1,000 feet
of G :
Regional Context Exhibit
ZMA201000022
SIWENRNEERIM PACe
I�'iY!//d/a'�';7/dll�i/Id//7JJ/'Id/dViYID1,'7U/�'NYl/Id/f%II�/r/
912 E HIGH ST SUIM A
CMARLOTIESVILLE: VA 22902 JV STN05 oMP-ENGINEERINGCOM
ATTACHMENT B
40 0
rile
ZMA Application Plan for
,.ha —; 25 1 1 Avinity Drive
;a,�
•%: i.%::: •:` •.� L—"MlvElvlrw�li"-•'.'a•:8 W.•v`°:� i'.1:1:�/
•:.il------ TMP 09000-00-00-03 5 LO
0.9 10 Acres
ice` v'•`':. �.,_: --_ ---- ---- :-- ;-- L_r-
:*,, CURRENT ZONING: RI -Residential
` '� .sa..-r'�i r. Y�lirrL�.. sSi�r �.'xi!+•:''�".9
:. ...-.�..�... Entrance Corridor
..�
:`'�_;=`i;=�r: �`.��>'`' �� _.� y'�= s': � ::fir: �:;; �:;�: �fi: ��::r,:J::;: � : �..: � •::''"``;"`r
PROPOSED ZONING: Pla ed eslde teal District
nn n R R
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R Current o Islo uar • January 8 20 19
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t Y
Initial: December 12 2016 n b
--
'- - e Ised: May 15 2017
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PPS-= Revised: September 17, 2018
EXISTING DRIVEWAY TO BE REMOVED •'':"• Notes:
•�•`•�'':••'''• f FROM ADJOINING OPEN SPACE PARCEL JL(e-•''":.
1) There are no preserved slopes on this site.
2) There are no managed slopes on this site.
/ \ AVON PROPER TIEL C V.i°';:'`::+ 3) This property lies within the ACSA jurisdictional area
'77• �— 120' ACCESS\EASEMEN TMP 091AO-00-00-0 0 for water and sewer.
E•,••''r.� ZONED':.:r�
•••r'r S 60°36'S9" E 67. 8' 4) An existing waterline and easement is available on
1' OPEN SPACE�,� •%•rani.
Avinity Drive.
• 10' SETBACK Y.n F 5) An existing sanitary line and easement is available on
parcel 35A.
F.
v� I „)� F:°•r:';i��'' 6) A 120' access easement (shown) is available on Avinity
•,'t;:� EXISTING E ° ° \•, Drive.
mil" I (r0 BE RE ED) EXIST TREE I "IW \+• tl tL :fit::::: •• 7) A second easement is available on parcel 35A for
�• 4 0 4 _ emergency access.
..N..` ..::f I (TO EMOVED) \ N 17• •'•••''•"'•,
8) This property does not lie within a drinking water
` ly " C: •��;....�r, reservoir watershed.
(\ yr EXISTING .
HOUSE 9) Topography and boundary information is digitized from
A £ 1c
i u ; Fr`,.i'•`'.: Albemarle County GIS data and from recorded plats.
(TO BE v)
r, al It'i
REMOVED) ,LAMES ROGERS MOSS \ -1.-,I �"• r. 10) Surveying,
field survey provided by Commonwealth
w 1v Surveying, LLC
TMP 09000-00-00-035LO / 1 Additional geographic digitized from
yrl, 1 w r-I IF KAITLIN E ) 9 9 Phic information is
ZONED R1-EC TMP O AO 00-7p 05700 approved site plans for Avinity Subdivision
SINGLE FAMILY RESISENTIAL SING F LyATT 'rPD
jn EXISTING (/�f�/) p , (,
(TO BER ( VED) �.F3ISTINGTREE I I 1
I (TO BE REMOVED)
L I f !
• � � I �:':::ii;�liEl;ii;E: 1 �� . � C•~=irri:.::xa�=�•i'•r'.il'iiE�EIi:
50°28' SIDE SETBACK — _ I I 1M.
k:i"m.:::.:x�.::: m:'•': ; I'•'
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. 1
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WIN BARBOUR b :
TMP 0-035G1f!riti!.>
:. ..:.,( N RY W SR OIR S '
??; ia15 2 I I TMP 09000-00-035A0 _ 1
I?Ig':Ili W I I ZONED Ri
fC+,I4Y;'iF ISEIN AL
,:,::;«; 1 I DB 541 PG 642 I Sheet 3 of C
�•:' ,ril I I I SINGLE FAMILY RESISENTIAL
110
Existing Conditions
ZMA201 000022
80 120 : r:...Ef SMIMMEMMERIM P.C.
i•,- Tom-,
.mad :I I..•::::1;.
') ENGAFF.RING'IANDPIANMNG-PROJELTMANAGF.MF.NT
PHONE, (934) 227-5140
Graphic Scale: 1 "=
ATTACHMENT B
25
/lA Application Plan for
I Avinity Drive
TM P 09000-00-00-03 5 LO
0.9 10 Acres
CURRENT ZONING: RI -Residential
Entrance Corridor
PROPOSED ZONING: Planned Residential District
Current Revision: January 8. 201 9
Initial: December 12, 20 1 G
Revised: May 15, 201 7
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.
ITE 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 G:
General Development Plan
ZMA201000022
WMPEMMERIM P.C.
ENGINF.F.RING-IANDPIANMNG- PROJECT MINA 0—AFM
Graphic Scale: 1
"I c "I'" IT. —IT' s FHONF (934) 227-51+0
ATTACHMENT B
25
30 0 30 60 90
ZMA Application Plan for
I I Av i n i ty Drive
TM P 09000-00-00-03 5 LO
0.9 10 Acres
CURRENT ZONING: RI-Re5ldentlal
Entrance Corridor
D ZONING: Planned Re5ldentlal Di5trlct
Current Revl5lon: January 8. 201 9
Initial: December 12, 201 G
rr Revi5ed: May 15, 2017
rt Revi5ed: August 7, 20 17
Revised: September 17, 2018
A minimum of 25% Open Space 15 required per
Section 19.G. I of the County Zoning Ordinance.
Site Area:
Open Space Required:
Open Space Provided:
39,G40 SF
9,910 5F
1 1,985 5F
2511 Avin ity Dr. Open SpeceAllocedon
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 11,985
Sheet 5 of G:
Open Space Exhibit
ZMA201G00022
SIWEYUMERIM P.C.
I�iYH/t�/d�'7GYiSf,YN]JIIIN/rldW1,10)JUYIf, h1G110%, dYI
Graphic Scale: 1 "=
oia c wicw si. suiic s FHONM (934) 227-5140
ATTACHMENT B
APARTMENT FRONT ELEVATION
APARTMENT CONCEPT
2511 AVINITY DRIVE
ALBEMARLE COUNTY, VIRGINIA
APARTMENT CONCEPT
]S]I hNIM LPIE
NflM4&6CftlNIo. HBilIM1
►', GAINES GROUP
Lr.,.e,_- T_1_T.
APARTMENT CONCEPT
Sil �'AIIIYGN�E
wJFniLL1F C- W �-'nF(5 NN
(NITS CONCEALED
IF WELL
ECTURAL SHINGLE
PLANK SIDING
'ONE COLOR PALETTE
ZAILING
)R STONE
„, ".,.IR BREEZEWAY
"GAINES GROUP
0 iARCHITECTS
7AESGROUP
GIN
r,kr_H. Tp(=T3
APARTMENT RENDERING
LanGscaping sho is conceptual
APARTMENT CONCEPT
2511 AVINIIY DRIVE
ALBEMARLE COUNTY, VIRGINIA
ZMA Application Plan for
25 1 1 Avinity Drive
TMP 09000-00-00-035LO
0.9 10 Acres
CURRENT ZONING: RI -Residential
Entrance Corridor
PROPOSED ZONING: Planned Residential District
Current Revision: February 22, 20 19
Initial: December 12, 201IS
Revised: May 15, 201 7
Revl5ed: August 7, 2017
Revised: September 17, 2018
Revised: Janauary 8, 2019
►',GAIN€S GROUP
0C,IIARCHITECTS
Sheet G of G:
Architectural Elevation
ZMA201000022
SHIM IFNRMEj?1NG, P.C.
ENGF F.RING-JANDPJAN"G-PROJELTMANAGF.MF.NT
912 E HIGH SM SJiTE A PNONE'(�3IJ S1T-StIO
=..a.oTTESVILLE. VA—M A CHUnT B
SHIMPROJECTP MANAGEMENT
CIVIL ENGINEERING
LAND PLANNING
ENGINEERING'
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
ATTACHMENT C
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
ATTACHMENT C
Attachments: Open Space Exhibits dated August 14, 2018
ATTACHMENT C
25 1 1 AVINITY DRIVE: Courtyard Exhibit
0.91 ACRE SITE 10 0 10
3,248 5F Courtyard
August 14, 2018 SCALE: 1"=10'
20 30
ATTACHMENT C
0.91 ACRE SITE 'u " 'u b1 &U
1 1,985 5F Open Space Provided
August 14, 2018 SCALE: 1
ATTACHMENT C
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.
ATTACHMENT D
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-00-00-000AO and 09000-00-00-035LO
DEED OF EASEMENT AND AGREEMENT
THIS DEED OF EASEMENT AND AGREEMENT (this "Agreement') dated as of May
3 Isr 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 091 AO-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
ATTACHMENT E
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 Ri ts. 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 term
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
ATTACHMENT E
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.
GRANTOR:
AVON PROPERTIES, LLC, a Virginia limited
Liability coi}tany n _
By: �J
Name:
Title:
COMMONWEALTH OF VIRGINIA)
) TO -WIT
CITY/COUNTY OF Q)no "cb6j jea
The foregoing instrument was acknowledged before me, Moh5m'(Y .MCD04c+R.Ci
Notary Public, this 33 �s� day of %LLA.4 , 2018, by jArAy_4Aj j .7ond vp as
V�V_- wp ,dm'P- of Avon Properties, LLC, a Virginia limited liability company, who is
personally known to me, on behalf of the
�company.
��% t t--
Notary Public
36263530_2
Registration Number:
My commission expires: <
Notary Seal
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1�1o1.pAarlowe Vic.,,
NOTARY o
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REG. #7633624 n
c7 My COMMISSION: Q
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ATTACHMENT
EXHIBIT A
APPROVED APPLICATION PLAN FOR AVINITY
0
ATTACHMENT
AIINIAV of
gee$
ATTACHMENT
Prepared by: Frederick W. Payne (VSB #14185)
Payne & Hodous, LLP
414 East Jefferson Street
Charlottesville, Virginia 22902 C (10)
-
Tax Map Parcel ID 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 _!� day of w1ftRLj, 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. 09000-00-00-035A0,
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
ATTACHMENT F
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 "Easement 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
ATTACHMENT F
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:
(SEAL)
Y MOSS, SR.
a— , 1„04� (SEAL)
�1URA J. MOSS
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF -j2i1 1j.e Ma. (a ,_, to -wit:
The foregoing instrument was acknowledged before me this -5— day of nj N
20L by JERRY W. MOSS, SR., and LAURA J. MOSS. aac
My commission expires: (D ( 3 0 1 2t, L
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ATTACHMENT
COUNTY OF 0
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434)296-5832 Fax (434) 972-4126
July 9, 2018
Justin Shimp
C/O Shimp Engineering
201 E. Main Street, Suite M
Charlottesville, Va 22902
RE: ZMA201600022 Moss (2511 Avinity Drive)
Dear Mr. Shimp,
The Albemarle County Planning Commission, at its meeting on March 19, 2018, by a vote of 6:0,
recommended approval of the above -noted petition to the Board of Supervisors with the reasons and
conditions as stated in the staff report and recommend that the applicant increase the fence height from six
feet to eight feet on the eastern side of the parking lot and make the most southern portion of the fence a
solid material.
In addition, the Planning Commission recommend approval, by a vote of 6:0 of Special Exception request
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 and the following
condition:
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.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296-5832.
S
,incere'r
Megan
Principal Planner
Planning Division
Ms. Banton called the roll.
The motion was approved by a vote of 6:0 (Spain absent).
Mr. Keller thanked the applicant and said the item would be moving on to the Board of
Supervisors.
ZMA201600022 Moss (2511 Avinity Drivel
Ms. Megan Nedostup introduced herself and said she would be going through the staff report.
She said that with the exception of Mr. Bivins, all other Commissioners had been present at the
last Planning Commission meeting where this proposal had been discussed. She said her
presentation would be short and if Commissioners had any additional questions to cover, she
would have extra slides at the end of the presentation to go through.
Ms. Nedostup said the proposal was one to rezone from R-1 to Planned Residential
Development (PRD) and that a public hearing was held on September 26, 2017 and was
deferred by the applicant at that time to address nine issues that were identified in the staff
report.
Ms. Nedostup showed an image to orient the Commission on the location, which was located
along Avon Street Extended next to Avinity and by Cale Elementary School. She then displayed
the plan that had been submitted and reviewed at the last Planning Commission meeting in
September 2017. She said that not a lot had changed in terms of design. Ms. Nedostup said the
two buildings and the parking area were roughly in the same location. She said there had been
added additional pedestrian facilities and the parking had been modified and the courtyard had
been extended.
Ms. Nedostup said the applicant had addressed several of the issues that were identified at the
last planning Commission meeting to staffs satisfaction, as was outlined in the staff report. She
said that one of the significant issues identified and addressed included access to the site from
Avinity Drive. Ms. Nedostup said at the last Planning Commission meeting, the developer had
not demonstrated that they had adequate access but since then they had worked with the
adjacent property owner and obtained access. She said there had been a lack of information
and justification provided at the last meeting for the reduction request for the Planned
Resident Development. She stated there was a minimum of three acres and the developer
wanted to reduce that to 0.9 acres. Ms. Nedostup said the developer had submitted additional
information that demonstrated 25 percent open space onsite, including the courtyard and
pedestrian circulations throughout the site. She said staff was satisfied and could support that
request.
_33_
Albemarle County Planning Commission
FINAL Meeting Minutes — 3-19-19
Ms. Nedostup said another issue had been the lack of detail regarding affordable housing. She
said the applicant did provide language on the application plan to address the concern of 20
percent, and staff had found that the language met the policy in the Comprehensive Plan.
Ms. Nedostup said that due to the applicant's response and ability to address the issues, staff
was recommending approval of the rezoning and in addition to the rezoning request, there was
a request for a special exception for the reduction in the required PRD acreage from 3 acres to
0.9 acres. She said a detailed analysis of this request was provided in Attachment D.
Ms. Nedostup offered to answer questions.
Mr. Keller opened the public hearing and invited the applicant to speak.
Mr. Justin Shimp introduced himself as the engineer for the project. He noted that some time
had passed since the application was last before the Planning Commission, when all
Commissioners except one had been present. He said he would give a quick run-through of the
application to highlight changes and would report on the interactions with the neighbors.
Mr. Shimp displayed an image of the subject house and noted that the built Avinity
neighborhood was in the background. He then displayed an aerial photo that showed the scale
of the development relative what had been built, pointing out that a lot of the development
that had been built was phase 2.
Mr. Shimp said the adjacent lot was owned by Mr. Jason Moss, who was present at the
meeting. Mr. Shimp said Mr. Moss had lived for about 30 years in a house that was displayed
on the screen. Mr. Shimp said it was an interesting situation where the development had
happened all around them and the Mosses had come back with their own piece to redevelop.
Mr. Shimp said this was one of the rare times this had happened in his career.
Mr. Shimp showed another image, which he said depicted an attempt to show the buildings
were being made at scale that was similar to what had been built around it. He said the
difference was that the newer buildings were multifamily buildings so there would be more
people in smaller spaces, but the size of the buildings was equivalent to a three -unit townhouse
and a seven -unit townhouse if it were built to what was normally within Avinity.
Mr. Shimp said the property was about one acre and had an existing house in the middle. He
said there was a driveway that was built as part of the Avinity neighborhood. He said this
driveway was the main reason why it had taken the application 18 months to get back to the
Planning Commission. He noted that the driveway was due to foresight from a prior Planning
Commission in 2006 that had put a condition on the application plan for Avinity that inter -
parcel connections be provided, and it ultimately ended up happening with the easement.
Mr. Shimp said someone had been thinking ahead because the Avinity driveway used to be in
one location and there was an easement. However, he said when a new entrance was built to
_3y_
Albemarle County Planning Commission
FINAL Meeting Minutes — 3-19-19
the approved PRD, there was a lack of coordination on the site plan but it had been caught by
the Planning Commission and had been attached to the zoning, and that had made it a legally
binding requirement so that was how access to the subject property had been granted.
Mr. Shimp displayed the site plan and said there had been a lot of details in the plan. Mr. Shimp
said that PRD and Planned Unit Development applications normally spoke to a suburban
construct, so the 25 percent open space requirement, some people might think that would
mean preserved trees. However, Mr. Shimp asked what would be done with a 1-acre infill site.
He said there was really not a good zoning ordinance for that in Albemarle, so the request was
for a PRD with a request for a special exception to go from 3 acres to 1 acre. He said they had
demonstrated via detail in the plan that there was sufficient amenity area for the residents. Mr.
Shimp said that in this case, pretty much all of the 25 percent was usable space, whereas many
times there would be trees that were nice but not an actual amenity area. Mr. Shimp said all of
the space at Avinity was usable for different functions, with a courtyard with a landscaped lawn
game area and another grass area to walk dogs.
Mr. Shimp showed an image of the street to give an idea of the missing piece in what was
otherwise developed as an urban form. He showed a photo of the Sam Craig units being built
along Avon Street. Mr. Shimp said his firm modeled the architectural requirements after those
units. He said another of the confusing aspects of this had been that Avon Street used to be an
entrance corridor. He said the developer had said they did not need to do an architectural
proffer because the ARB would require a comparable design. However, Mr. Shimp said that had
ceased to be the case, so his client had hired an architect to produce a rendering for the proffer
which picked up the detail of the Craig units so that in construction they would look similar. He
said that had been one of the questions from the staff and the neighbors. Mr. Shimp said this
would be a different product from what was around, but he said he thought that they have
demonstrated that the scale and design was compatible.
Mr. Shimp presented an illustration showing that the Craig units were three stories with a roof
top, and he noted that the Avinity Moss units would be three stories with a low hip roof and a
very similar look.
Mr. Shimp said he did not have traffic numbers but there was only a very minimal increase and
that was determined to be adequate.
Mr. Shimp said that because the application had been deferred for so long, there had been a
neighborhood meeting two and a half years ago. He said the neighborhood had changed and
people had moved in and out. Mr. Shimp said they held another neighborhood meeting a few
nights ago and he said he thought some people were relieved to see some of the architectural
renderings and that there was compatibility. He said those were some of the questions that
they answered.
Mr. Shimp said one small item was brought up at the neighborhood meeting that he was willing
to address and keep working on between now and the Board of Supervisors meeting. He stated
_35_
Albemarle County Planning Commission
FINAL Meeting Minutes — 3-19-19
that the plan had a required screening fence on the back of the property, which was required
by the ordinance to be six feet.
Mr. Shimp said the adjacent neighbors had noted that at one point the PRD had been intended
for higher intensity than the single house. He said that development would have required an
eight -foot screening fence, and he had agreed to match that height -- which would be clarified
in the final application plan.
Mr. Shimp pointed to an image of a house that he said would have the potential of light shining
in from the parking lot. He said they would agree to provide a solid fence at that portion of the
land to provide a little extra screening.
Mr. Shimp said another item that came up at the neighborhood meeting was the potential for
people from this development to stroll over to Avinity and use their clubhouse, patio and dog
park. He said because this development would be a rental community, the owner had offered
to put in a condition that if residents were to go over and use those, that would be grounds to
be removed. However, he said the preference was that this new development would join the
Avinity Home Owners Association. Mr. Shimp said they would send them a letter.
Mr. Shimp said that had nothing to do with the zoning question, but he wanted the Planning
Commission to know they would submit a letter offering a contribution to the maintenance of
the road, which was currently free to the owner in exchange for an opportunity to buy into the
HOA so that people who lived in the new development could use those amenities and it could
be one community. He said that in the context of Avinity, a product that was really missing was
small apartment buildings with 20 percent affordable units, and that would be five affordable
units. He noted that this would fill in the piece.
Mr. Shimp said he felt remaining items could be resolved from a zoning and application plan
standpoint, and a few minor tweaks with the fencing detail would move this forward.
Mr. Keller asked Commissioners if there were any questions for Mr. Shimp.
Ms. Riley stated that Mr. Shimp would match the eight feet and asked if there was any
vegetation or any other screening beyond the fence.
Mr. Shimp responded that it would just be a fence on that side.
Ms. Riley asked how close the Avinity fence was to the fence. She asked if it were correct that
they were not close.
Mr. Shimp responded that they were pretty close and that it would need coordination. He said
that the site plan for the adjacent property required them to put a fence up, and now he was
required to put up a fence, so there would be competing fences.
_36_
Albemarle County Planning Commission
FINAL Meeting Minutes — 3-19-19
Ms. Riley asked how much space would be between the fences.
Mr. Shimp said it could be as little as a foot.
Mr. Keller asked Mr. Shimp if that was something he was hoping to work out with the HOA.
Mr. Shimp responded that he would work with staff on the fencing issue and tweak the
application plan to clarify that. He said it was a neighbor to neighbor issue where the ordinance
required one person to build a fence and the ordinance required another person to build a
fence, and they just needed to do that in a reasonable way. He said it was a maintenance issue
but that they didn't want there to be an odd space that got overgrown with weeds or wildlife.
Mr. Keller asked if there were any further questions.
Mr. Bivins asked if there were any members of the audience who wanted to speak to the issue.
Mr. Paul McArter of 2012 Avinity Loop introduced himself and said he had spoken to the
Commission several times before. He said he had three things he wanted to state that were
concerns on his behalf. He said one of them had already been alluded to working on, which was
the spillover in to Avinity. He said some of Avinity's amenities like the clubhouse were behind
lock and key and were not necessarily a concern -- but sidewalks, lawns, the dog park, doggie
bags, a future playground and several things like that were concerns from both a wear -and -tear
and liability perspective.
Mr. McArter said that one thing Mr. Dotson had mentioned last time was that you drive past
the Avinity sign to get to this place, and obviously anything on the other side of that sign would
be part of Avinity. Mr. McArter said they he was happy to hear they were discussing the
possibility of joining the HOA. He said Avinity was developer run and that would mean some
stuff was outside of the homeowner's control. He wanted to make sure those issues were
brought up and that it was nice to hear there was something to work with.
Mr. McArter said the second item was the change to the entrance corridor rules. He said one of
the concerns he had was that the developer for Avinity II made promises up front about what it
would look like when done, but now the county had lost the oversight control as an Entrance
Corridor. He said if there was a mechanism to make sure that this development was actually
built like what they recommended, that would relieve some concerns for residents.
Mr. McArter said the third item was not specific to the project but was about Avon Street
Extended as a whole. He said that Cale Elementary School was getting very overwhelmed by all
of the new developments that were going in. He said that adding this with the two bedrooms,
which would lend themselves to an additional child, added to concerns about Cale getting more
people given to them in a very short period of time.
_37_
Albemarle County Planning Commission
FINAL Meeting Minutes — 3-19-19
Ms. Cara Cavanaugh at 2144 Avinity Loop said that she appreciated the neighborhood meeting
and that a lot of her questions and concerns had been answered. She said she just wanted to
touch on a few things to make them public record. She said that Mr. McArter had mentioned
the need for assurance that the design piece was what they would see when it was built. She
said that based on the new changes, she appreciated the design cues that were taken from the
Craig buildings. She said she hoped that along with the landscaping would actually be done. Ms.
Cavanaugh said she could not say that on other developments within that property. She said
she had been told that because one was residential, and one was site plan, but she was now
being told that was not necessarily true and the oversight might not be there.
Ms. Cavanaugh said her second piece was the maintenance and the property management and
the tenant management. She said she was all for affordable housing and apartments. She said
she lived in apartments for 18 years. However, she said that in the residence that was currently
on the property, there was a violent sex offender living right next to Cale Elementary School,
and she was very concerned that there was no vetting process for tenants at this location. She
said as someone who had to apply for apartments for 18 years, that was always part of it -- and
she was hoping that there could be some sort of assurance with the owner that there could be
something built in. She said the bus stop was right on the corner there, and the victim of the
sex offender was 11 years old. Ms. Cavanaugh thanked Mr. Shimp for the work he had done to
educate the neighbors.
Ms. Marty Power of 2084 Avinity Loop said she was the owner of the town home right next to
the development. She said she appreciated what Shimp Engineering had done to come over
and talk to the neighborhood. She said her biggest concern was the fence and she wanted to go
on record to support what Mr. Shimp was proposing with an eight- or nine -foot fence that was
closed so that headlights do not come into her house.
Ms. Power said the other concern she had was that the first time that they saw the proposal, a
dumpster had been located next to her backyard. She said she wanted some assurances that
the dumpster would stay where it was and would not be pulled over to the right next to her
backyard. She said she was concerned about the odor and other things. Ms. Power said she
welcomed the development and looked forward to the opportunities the new residents would
have if they could be part of the HOA. She said having that kind of development in the
neighborhood could definitely make a difference.
Mr. Keller asked the applicant back to answer questions.
Mr. Shimp said he had two clarification to make based on the comments. He said sheet 6 in the
application plan was the rendering of the buildings. He said the way the staff had the
application up; those renderings were proffered. He said even though the application was not
within the ARB's jurisdiction, the developer had to build in accordance with the design that was
in the record. He said the folks who had spoken to that issue could know that what had been
presented to them was what the county will be required to enforce. He said zoning staff would
make sure that the building was built that way.
_3g_
Albemarle County Planning Commission
FINAL Meeting Minutes — 3-19-19
Mr. Shimp said the other clarification related to the dumpster and said it was the same sort of
issue. He said because there was connectivity with the road and the emergency access as a
main function, the dumpster being where it was located would not be a lot of change. He said
there was a lockdown with the application plan, which was a very specific application plan but a
small site. He said for those two items, people could be assured they were locked down.
Ms. Riley asked about the offer made to build an eight -foot fence in the back portion adjacent
to a homeowner's parcel and if it would be solid. Mr. Shimp said that would be something that
could be added to the recommendations, and he would tweak the application before it went to
the Board of Supervisors to explicitly state that.
Mr. Bivins asked Mr. Shimp to state the number of affordable units that would be considered at
the development.
Mr. Shimp responded that it would be 5 units or 20 percent.
Mr. Bivins asked what that would be five units if there were 42 units.
Mr. Shimp said there were 24 units in the whole development.
Mr. Bivins said that given the desire for affordability, he wondered if there was flexibility to
designate handicapped spaces or if that was locked in.
Mr. Shimp responded that there was a requirement for a number of accessible parking spaces
based on Americans with Disabilities Act (ADA) codes, and there were two such spaces for this
project. He said that the plans might not show them, but they were intended to be there. He
said the requirement was one per 25 units, and regardless of what was shown on the plan,
there would have to be two spaces.
Mr. Bivins asked Mr. Shimp if he would fix it.
Mr. Shimp responded he would.
Mr. Shimp said the county's system did not require all units on the first floor to be accessible
units that were also affordable. He said it would be good practice to do so because people who
received housing voucher assistance could get into those units, but it was not something that
was required and was instead left up to the developer and the builder.
Ms. Riley asked for further clarification about the mix of units within the development and how
long the term would be for a commitment to keeping the affordable units affordable.
Mr. Shimp said the mix would be 18 two -bedroom and six one -bedroom units, and the
affordable units would likely follow that same ratio. He said there was a different price point set
_39_
Albemarle County Planning Commission
FINAL Meeting Minutes — 3-19-19
for the affordable units so there would probably be a diversity of units as well, and the term of
affordability would be 10 years.
Ms. Riley said she was assuming that was within the county's policy.
Ms. Nedostup confirmed this.
Mr. Dotson said that regarding the woman who lived in the unit directly opposite and closest to
the parking lot who had talked about the wall, it seemed that Mr. Shimp was willing to build an
eight -foot or nine -foot fence. He suggested that Mr. Shimp do a mock-up of the fence to show
what eight feet would look like and what nine feet would like. He said that more was not
necessarily better, and it could become something that instead of protecting would become an
intrusion in its own right.
Mr. Shimp said the fence would be eight feet and would match the fence that was there. He
said there was actually an eight -foot fence along there now and he wanted to make sure it
matched. He said there was some coordination that had to happen but he would stay on top of
it, and neighbors were happy with what that height. Mr. Shimp said he agreed that it could be
intimidating if a neighbor did not know how it would be sitting next to the house.
Mr. Keller asked if there were any further questions for the applicant. Hearing none, he closed
the public hearing and brought the matter back before the Commission for discussion and
action.
Ms. Firehock commented that she was fine with a little less open space, but she did not want to
set a precedent that sidewalks would count toward the open space calculation. She said she
expected to see sidewalks in a quality development. She said she would like to have open space
be something that actually had a different purpose than simply walking through the
development, and the sidewalk was not a trail.
Ms. Riley said she had heard the applicant say he was amenable to doing an eight -foot fence
with solid material and that Mr. Shimp had said they could make that a recommendation. She
said sometimes the Commission made conditions and sometimes just made recommendations,
and she asked Mr. Herrick if a recommendation would be binding.
Mr. Herrick said it would not be binding and that anything that would be binding would need to
be made a condition of the recommendation.
Ms. Riley said she was struggling because there needed to be further discussion between the
neighbors, and she did not want to bind them into an outcome that the neighbor and the
applicant might want to change later because there was an improved design. She said the
Commission had made recommendations in the past and generally felt that applicants would
follow through on them and do the negotiations with those neighbors before an item went to
-ao-
Albemarle County Planning Commission
FINAL Meeting Minutes — 3-19-19
the Board of Supervisors. She said she was open to that process and wondered what other
Commissioners thought.
Mr. Bivins said there were several things he thought the Commission was leaning toward. He
said the applicant had said they would like to join the HOA, and HOAs typically had owners who
would say yes or no at some point as to whether or not they could join. Mr. Bivins said it was in
the applicant's interest to do what they said they would do -- otherwise the other half of the
desire probably wouldn't get fulfilled. He said he did not think the applicant wanted to create
an environment where there were harsh feelings, and he would help support the applicant's
desire to join the HOA.
Mr. Keller said the Commission was interested in connectivity and asked if there was a
mechanism whereby the redundant fence could still be required in case the other fence came
down. He said it seemed like these should be resources that could be spent on something else
rather than on a redundant fence.
Ms. Nedostup said if the fence was shown on the site plan and there was a desire to remove
the fence because of the parking along the residential neighbor, the ordinance required
screening of the parking.
Mr. Keller asked if that meant there could be a vegetative fence that could go next to the
physical fence.
Ms. Nedostup responded that she did not know from the application plan where the existing
fence was to determine if there was enough room to put in vegetation on one side or the other,
and that might require an easement.
Mr. Keller pointed out that Ms. McCulley had kept a list of zoning items to fix and suggested it
would be appropriate for Ms. Nedostup to add the fence to a similar list of items to fix if they
started seeing more of these fences. He said there should be ways to come up with not doing
something that was not necessary, but at the same time there could be a protection that if the
other fence went away, this one would remain. He said if the HOA agreement were to fall apart
in 10 years, there would still be a responsibility.
Ms. Nedostup said if the fence were a requirement of the site plan, it would be a site plan
violation and they would need to replace the screening.
Mr. Keller said he was trying to find a way to take the redundancy out because the Commission
was trying to align circulation. He said it seemed to him that they really didn't want to create a
redundancy of dueling fences.
Mr. Herrick said he thought Mr. Keller's point was well taken, but it was an administrative site
plan issue rather than a rezoning issue. He said there was a ZMA before the Commission, and
-41-
Albemarle County Planning Commission
FINAL Meeting Minutes - 3-19-19
the fence issue was really something that would be addressed with a site plan regulation rather
than a rezoning.
Mr. Keller said he was just asking if it could be something to put on the list for items to think
about.
Mr. Herrick said he understood.
Mr. Keller said he had not heard of a double fence in the years he had been on the Commission
and was wondering if it would come up again with more infill development. He said he was not
suggesting the fence be addressed in the rezoning.
Ms. Nedostup said staff would take a closer look at the site plan if the neighbors were
amenable to having vegetation instead of a fence because the regulations did allow that
distinction.
Mr. Keller said that might be more effective in terms of the car lights.
Ms. Riley said she was prepared to make a motion.
Ms. Riley moved to recommend approval of ZMA-2016-22, 2511 Avinity Drive, for the reasons
stated in the staff report, and she recommended that the applicant increase the fence height
from six to eight feet on the eastern side of the parking lot and make the southernmost portion
of the force a solid material.
Mr. Bivins seconded the motion.
Mr. Keller asked Mr. Herrick if he was comfortable with the modification.
Mr. Herrick responded that he was if it was the will of the Planning Commission, adding that the
Planning Commission spoke through approved motions.
Mr. Dotson noted that there was no reference to any of the attached exhibits and asked if they
were needed.
Ms. Nedostup said the approval for the ZMA was with the application plan, so there was no
need to make a reference.
Mr. Herrick said that was correct and it was a rezoning and not a special use permit.
Ms. More asked for clarification that the recommendation as it was presented in the motion
would still allow for the possibility of a double wall to be reconsidered in the site plan process.
-42-
Albemarle County Planning Commission
FINAL Meeting Minutes - 3-19-19
Mr. Herrick said if the motion were adopted, that would be the recommendation of the
Planning Commission. However, he said that staff's review of the site plan would be governed
by the site plan ordinance.
Mr. Keller said they had heard that the vegetative fence could be an alternative.
Mr. Keller said they had heard a second. He asked for further discussion. Hearing none, he
called for the roll.
The motion was approved by a vote of 6:0 (Ms. Spain was absent from the meeting and the
vote).
Mr. Keller thanked staff.
Ms. Nedostup said there was also a motion for the special exception.
Ms. Riley made a motion to recommend approval of the requested special exception to allow
the minimum area required for the establishment of a Planned Residential Development from 3
acres to 0.9 acres for the reasons listed in the staff report.
Mr. Bivins seconded the motion.
The motion was approved by a vote of 6:0 (Ms. Spain was absent from the meeting and the
vote).
Mr. Keller thanked staff and the applicant and said the project would move on to the Board of
Supervisors.
Regular Item - 2018 Planning Commission Annual Report
Mr. Keller said they still had to hear the Planning Commission's annual report and an update on
proffers from Mr. Herrick and asked the Commission if they were willing to proceed on both.
Ms. Firehock said she had a sick relative who was waiting to be picked up and taken home and
thus would not be present for the proffer presentation, but she had previously done a lot of
work on proffers.
Mr. Keller asked Mr. Herrick how long the proffer presentation would be.
Mr. Herrick responded that he would plan for no more than 10 minutes but was also happy to
take questions.
Ms. Firehock withdrew her concern as long as the presentation didn't take an hour and a half.
43
Albemarle County Planning Commission
FINAL Meeting Minutes — 3-19-19
managed
slopes
III. Avinity Drive
60' private right-of-way
------------
96
Area / Proposed Density Summary:
Square Ft. Acreage Percentage
Total Site Area: 39,G40 0.910 100.0 %
Proposed Open Space Area': 1 1,955 0.275 30 %
A minimum of 25% Open Space is required per Section 19.G. I of the County Zoning Ordinance
See Sheet 5 Exhibit for location of Open Space.
Current Residential Density: I dwelling unit / 0.9 10 acres = I. I DUA
Proposed Residential Density: 24 dwelling units / 0.9 10 acres = 2G.4 DUA
ZMA Application Plan for
25 1 1 Avinity Drive
TM P 09000-00-00-03 5 LO
0.9 10 Acres
CURRENT ZONING: RI -Residential
Entrance Corridor
PROPOSED ZONING: Planned Residential District
Current Revision: April 18. 201 9
Initial: December 12, 20 1 G
Revised: May 15, 2017
Revised: August 7, 2017
Revised: September 17, 2018
Revised: January 8,20 19
nity PRD
u� —
I --p��served
[� slopes -
1
---------
N Sheet I of G:
Overview Exhibit
ZMA201000022
AWMPENGINEERING, P.C.
100 0 100 200 300 EyGINF.F.RING-IANDPIANMNG-PROJELTMANAGF.MENT
oia c wicw si suix a FHONM (934) 227-5140
Graphic Scale: 1 "=100' ON.a�,.EeVwLLE. 0. 22202
RNr 7/1 Zi "' I SUNH.1ID r 69(OM' 1
C(RnMS WAS 711
l ) �� VA 14 w
Y'S
NP IIEWWS S OY M1 NA1 VA RF
SUBIEC Vflp�[AIY UIS WITHIN HV0 R" x /
(NOT A fL000 NAI/RD AREA)
i.u. 91 PAR. 14
1790
er SS
i 9
LOT 4
6 T.Y. 90 PAR. 35L
D.B. 382 P. 102
0.9101 AC.
a
.A i
11
• =
I
UIT S '-
1y
i
I
1
I
_.—_—
M T'00'CO' C ea
`aNRm
� WNr
1
ST. RT. 742:i AVON STREET EXTENDED
PUT SNOWING PHYSICAL SURVEY
PARCEL 35L ON
h. I413
TAX MAP 90
ALBEMARLE COUNTY, VIRGINIA
.`
SCALE: 1' = 40' JULY 12. 2000 ' 'uoqa
o mra+ u
Caryl /. fte[an
CA nlsift v U,, /5'ryinio
14111111 G-a
Book: IM Pape: 339 FOaNumber: 200040010053 Seq:3
Recorded Plat for Parcel 09000-00-00-035LO
80 0 80 160
Graphic Scale: 1 "=
ZMA Application Plan for
25 1 1 Av i n i ty Drive
TM P 09000-00-00-03 5 LO
0.9 10 Acres
CURRENT ZONING: RI -Residential
Entrance Corridor
PROPOSED ZONING: Planned Re5ldential District
Current Revi5lon: April 18. 20 19
Initial: December 12, 201 S
Revised: May 15, 2017
7, 2017
7, 2018
8, 2019
This map is a portion of"Figure 8: Southern Urban Area Neighborhood
Future Land Use Plan" found in Chapter 4: Future Land Use ofthe
Albemarle County Southern and Western Urban Area Master Plan .
Graphic SW le: 1 inch =1,000 feet
)f G :
Regional Context Exhibit
ZMA201000022
SIIIMPENGINEEWV6 PACe
FAY0/d/00111A K,11//7JJ/INrool/r/
912 E HIGH ST SUIM A : (.].) Y — a
CNARLOTTESVILLE, VA 22902 JUSTINOSNIMP—ENGINEERING.=M
ZMA Application Plan for
25 1 1 Avinity Drive
TMP 09000-00-00-03 5 LO
k ...:::.::.:..:..:..:..:.. ..t•. 0.9 10 Acres
•., I CU ENT ZONING• I eside teal
RR R R n
�.�.
tl
. •. Entrance Corridor.
rI
.
PROPOSED ZONING: Pla ed elide teal District
nn n (
R R
a I
�.
I I
- - Current Re ision• April ril l8 2019
Initial: December 12, 2016
— — — I
Rev Ised: May 15 2017 :
1 -
_,
'.I
ledu ust 7 2017
_ Ren : A
f
i'. I1::: II FF..=z:;;7�::7ii�i':{ci• e `F` _ i� W�
--
''•4
r a`
Ren sed: Se em er 17 ,
2018
PP : Revised: January 8 2019 ••"'•'' ::•'• EXISTING DRNEWAV TO BE REMOVED Notes:
7 f FROM ADJOINING OPEN SPACE PARCEL
1) There are no preserved slopes on this site.
. I Fray_::^::r ri.'':r:i'r:: .;e: / f�f!" • is
.� 2) There are no managed slopes on this site.
;I • • o AVON PROPERTIE 'L C Vi:;�; 3) This property lies within the ACSAjurisdictional area
[F. 7 v+ �— 120' ACCES3\EASEMEN TMP 091A0-00-00.00 for water and sewer.
r' ZONED PRID --
I:;:( I I r S 60°3B'59' E iSTd8' 4) An existing waterline and easement is available on
OPEN SPACE •I'•�r:�rri.
Avinity Drive.
—10, SETBACK 5) An existing sanitary line and easement is available on
i l - - - t:
I I ( t'' :�:::i::f;Jr: °: parcel 35A.
1 I ^`.'', j.•`' 6) A 120' access easement (shown) is available on Avinity
.::_ ... "
" " �
.: •: 1 EXISTING E \ t:;:?;,:�"• Drive.
':I:I I :ri:c _ • JJ �•• F•r
•• ?:' ,• '•.j'••" I (TO BE RE ED) EXIST TREE I N W t+: •. tjt::: ' f' �':, 7) A second easement is available on parcel 35A for
I I: I�: •:: -. c::•1
I: I (TO EMOVED) \ °• o emergency access.
N ::?.::> I ru 4F �ii;?:^rear fir•
r :, y2 I \ A o •.'' :•-:•.' 8) This property does not lie within a drinking water
I d' '"';•i' r^ m 1e' C:Y ��iy r reservoir watershed.
F (\ I EXISTING IA �'�
1 9) Topography and boundary information is digitized from
HOUSE £
<r CrG BE I v) �:, r Albemarle County GIS data and from recorded plats.
al REMOVED) �r'i 10) Additional field survey provided by Commonwealth
JAMES ROGERS MOSS I'�I ;i:::::.':. wi•1 r-I IDS• Surveying.LLC
I:' ?; ::.r;•. , 1 TMP 09000-00-00-035LO F a •11) Additional geographic information is digitized from
KAITLIN E HOyi' \
V approved site plans for Avinity Subdivision
7. Z ZONED R1-EC TMPO99R1A0.DO- 05�o01
to �I / I /ZONED D �'
SINGLE FAMILY RESISENTIAL I SING FAMILY ATT
Ull EXISTING
' :;; ?•r; I I r BE R ":SJ(ISTING TREE I � I
! `�' ::4:; y` •• :I I (TO BE REMOVED)
N 50°28' SIDE SETBACK I
IOi':,,•.•"^"'"•-.y,.•ijrE:m„,•"mri
WIN BARBOUR
TMP 0.035Gq RY W SR OR S '
I I ;e:f ::"•1?e::•r.<?Z' 1 , ci..i.....ilii?tl i:, __ �r:F?• •: I I I TMP 09000-00-035A0
2 1 I I ZONED R1 •a?: ;::a. •.:• •i ?• 1:. ',e rEci,�^.'.: 1..,.nMII+.. ISEI)1 AL 1 : I DB 1 P 2 I
::::::....::...... I 54 G64 Sheet 3 of 6:
�!I:::::ila I I I
I I SINGLE FAMILY RESISENTIAL
Existing Conditions
_ I ZMA201000022
40 0 40 80 120`.:: SHIMPENGINEERING, P.C.
?€) ENOJNE.E.RJNO-IANDPJ.ANMNO-PROJECTMANAOF.MM
o,a c wicw si suix a pNONFi (934) 227-5140
Graphic Scale: 1 "=40' ON.a�TTES�LLE. 0. 22202
251
/IA Application clan for
I Avinity Drive
TMP 09000-00-00-03 5 LO
0.9 10 Acres
CURRENT ZONING: RI -Residential
Entrance Corridor
PROPOSED ZONING: Planned Re5idential Dl5trict
Current Revi5ion: April 18. 2019
Initial: December 12, 20 1 G
Revised: May 15, 2017
Revised: August 7, 2017
Revised: September 17, 2018
Notes: Revised: January 8, 2019
1) Landscaping shown on this sheet is conceptual. Landscaping and
screening on site shall meet all requirements of Section 32.7.9 of
the Albemade County Zoning Ordinance.
2) Parking shall meet the requirements of Section 4.12 of the Albemarle County
Zoning Ordinance.
3) Storrrwater management facilities shall be located under the parking area.
Stomrwater facilities shall not be located in land contributing to the required open
space per Sec. 19.6.1 of the Albemade County Zoning Ordinance. Exact location and
design of storrnvater 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 cerfificate of
occupancy. The units will rent at a rate set by HUD -published Fair
Market Rents, making the units affordable to those earring 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.
9) The proposed fence on the eastern side of the parking lot shall be 8 feet in height,
and the most southern 80 feet shall be a solid material. If the owners of tax map
parcels 91A-57 and 91A-A would prefer landscape screening in lieu of the 8 foot
proposed lence, then TMP 90-35L shall provide landscape screening in accordance
with 32.7.9 of the Zoning Ordinance. If only landscaping is provided and the existing
fence on tax map parcel 91A-A is removed, the owner or ownership entity (the
"owner') of TMP90-35L shall construct a fence on TMP 90-35L to provide screening
in addition to the landscaping. The owner shall construct the new fence within 90
days of removal of the fence on 91A-A.
ITE 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 G:
General Development Plan
ZMA201000022
.WMPENUNEERING, P.C.
ENGINT.F.RING-IANDPIANMNG- PROJECT MANr1GF.MFM
"I c "I'" IT. —IT' s FHONF (934) 227-51+0
Graphic Scale: 1
FH -r� --
FP
--�
open
p
ZMA Application Plan for
251 1 Av i n i ty Drive
TMP 09000-00-00-035LO
ki
0.9 10 Acres
CURRENT ZONING: RI -Residential
Entrance Corridor
ZONING: Planned Residential District
Current Revision: April 18. 20 19
Initial: December 12, 201 S
Revised: May 15, 2017
Revised: August 7, 2017
Revised: September 17, 2018
Revised: January 8, 20 19
-v�
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IN
A minimum of 25% Open Space 15 recluirecl per
Section 19.G.1 of the County Zoninci Orclinance.
VON WIFl
Will
SF Provided Area Type % of Tota I
Courtyardential
Active Recreation Area 3,248
Passive Recreation Area 8,737 Lawn/Ped Paths 73%
Total Open Space Provided 1L985
30 0
30 60 90
Sheet 5 of G:
Open Space Exhibit
ZMA201000022
SIWENUMERIM P.C.
I�iYH/��/�'�9GYiSIGG�//]JIIG�GYG�(iDJ,'7/a/�"NYLGh�G�d�l/�'dYI
Graphic Scale: 1 "=
oia c wicw si. suiic s FHONM (934) 227-51+0
APARTMENT FRONT ELEVATION
APARTMENT CONCEPT
2511 AVINITY DRIVE
ALBEMARLE COUNTY, VIRGINIA
APARTMENT CONCEPT
v rtYIXI £
n4.nnwt GA+ Ir.n u rvn
►', GAINES GROUP
rAI.F1 - T_t_T.
APARTMENT CONCEPT
AI (, AIIR'GM E
9Ft�n4'.F�-�aR. nFfaNN
(NITS CONCEALED
IF WELL
ECTURAL SHINGLE
PLANK SIDING
'ONE COLOR PALETTE
ZAILING
)R STONE
„, ".,.IR BREEZEWAY
"GAINES GROUP
0 iARCHITECTS
7AESGROUP
GIN
Fr_� TF::=T3
APARTMENT RENDERING
LanGscaping sho is conceptual
APARTMENT CONCEPT
2511 AVINITY DRIVE
ALBEMARLE COUNTY, VIRGINIA
ZMA Application Plan for
25 1 1 Avinity Drive
TMP 09000-00-00-035LO
0.9 10 Acres
CURRENT ZONING: RI-Re5idential
Entrance Corridor
PROPOSED ZONING: Planned Re5idential District
Current Revision: April 18. 201 9
Initial: December 12, 20 1 G
Revised: May 15, 2017
Revised: August 7, 2017
Revised: 5eptember 17, 2018
R�sed: January 5,2019
Revised: February 22, 201 9 (elevations only)
►',GAIN€S GROUP
04C'lIARCHiTECTS
Sheet G of G:
Architectural Elevation
ZMA201000022
SMIM IENNNEERIN6 P.C.
ENGJIIU"G-JANDPJAN"G-PROJELTMANA6BOT
912 E HIGH SM SJ:TE A PwONE: "a, S1T—S1lG
01ARioTTESV:LLE. VA woos JuSMNOSH:MP—ENGINEERING. C CM