HomeMy WebLinkAboutSP200000069 Staff Report 2001-06-20 •
STAFF PERSON: MICHAEL BARNES Private Roads
PLANNING COMMISSION DATE: JUNE 5,2001 Under Section 14-232,subsection A(I &4),the applicant requests Planning Commission
BOARD OF SUPERVISORS DATE: JUNE 20,2001 approval for a private road connecting Avemore to Olympia Drive through the Fontana
Subdivision
ZMA 00-10 AVEMORE
SP 00-69 PROFESSIONAL OFFICE IN R-15 Character of thg Area:
SP 00-70 RETAIL USES IN R-I5 The proposed project is located to the east of Route 20 North(Stoney Point Road)approximately
ANGLED PARKING AUTHORIZATION I mile from the Route 250/Route 20 intersection(see Attachment D—Vicinity Map) The
CURVII.INAR PARKING AUTHORIZATION property currently contains the old Garnet Day School,which was formerly the old Wilton Farm
ONE-WAY CIRCULATION AUTHORIZATION Presently,the house is empty and the site is overgrown Trees fringe the upper portion of the
PRIVATE ROAD AUTHORIZATION site
In relation to surrounding properties,the site is situated on the northern side of an unnamed
Applicant's Proposal: drainage that originates near Westminster Canterbury and the Ashcroft Subdivision It drains
The applicant,Robert Mouser Homes,through their consultant,The Cox Company,has proposed across Route 20 to the Rivanna River(see Attachment E—Tax Map) The entire site slopes up
to rezone 27 46 acres from R-10 with proffers to R-15 with proffers The project proposes 406 from this small stream The Wilton Farms Apartment Complex is located below the project,but
dwelling units consisting of 360 apartments and 46 townhomes on the same side of the drainage(Tax Map Parcel#8B) The Fontana Subdivision flanks the
Two special use permits are also included in this review. They both relate to two(2),10,000 northern/uphill side of the site Avemore's proposed entrance is off Fontana Drive directly
across from the entrance to the Frost Montessori School. The Virginia Land Company owns
square foot buildings adjacent to Fontana Dnve One special use permit request is for
professional offices,the second is for retail shops At this time,the precise office and retail uses most of the land between Route 250 and the unnamed drainage(#9,10,IOA,12&1213)
are undecided. including the White House Motel(#10)and the undeveloped South Luxor parcels(#12&12B)
Dr Hurt also retains control of the undeveloped North Luxor property north of Fontana(#57)
Finally,the applicant has submitted a list of proffers. The proffers and the proffered Application
Plan are attached to the staff report as Attachment A and B,respectively Zoning and Subdivision History:
These properties have a long and complicated zoning history The original block of land was the
Petition for Rezoning and Special Use Permits: Wilton Farm It was bought by Phillip Sansone and through time has been developed into the
The rezoning petition requests a change from(previously proffered)R-10 residential and office Wilton Farm Apartments,the duplexes along Wilton Farm Drive,and the properties under
development to(proffered)R-15 residential,office,and retail development As proposed the consideration in this rezoning.
proffered plan would allow 406 dwelling units on 27 46 acres. Special use permit request SP 00-
69 would allow for professional offices in an R-15 district in accordance with Zoning Ordinance The process of breaking apart the original farm began in 1988 Dr.Sansone requested to rezone
Section 18 2 2(11). Special use permit request SP 00-70 would allow fora single floor retail the faun(a total of 45 acres)from R-1 to RIO through ZMA 88-12 Accompanying this rezoning
stores and shops not to exceeding 4,000 square feet in an R-15 district in accordance with Zoning application was a special use permit request for the Garnet Day School in the old farmhouse
The Board denied the request to rezone the entire track and instead agreed to grant the special
Ordinance Section 18 2 2(12) Both special use permit petitions apply to the properties,
described as Tax Map 78,Parcel 581 and Tax Map 78 B,Parcels 3-1 and 4-1 use permit for the school and rezone the 15 acres around the school to R-10 without a proffered
plan of development. The now defunct school and its property comprise a portion of the area
The proposals are for the properties,described as Tax Map 78,Parcel 581 and Tax Map 78 B, currently under consideration
Parcels 2A,2B,4B,3-1 and 4-1,located in the Rivanna Magisterial District on Fontana Drive
approximately 1/10 mile from the intersection of Route 20 and Fontana Drive The The second major rezoning on the old farm property was ZMA 89-24,which approved another
Comprehensive Plan designates this property as Urban Density Residential,recommended for 6- portion of the property for rezoning from R-1 to R-10 This rezoning contained the original
34 dwelling units per acre,in the Pantops Development Area(Neighborhood 3). application for the Wilton Farm Apartments and had a proffered plan that included two phases.
The first phase became the 156 apartments currently on the site(SDP 91-77) The second phase
Waiver Requests: of 76 apartments was never built Instead,the second phase was divided into two projects The
Angled and Curvilinear Parking Authonzation first project,under ZMA 94-07,SUB 94-71,ZMA 98-22,and SUB 98-22,became the duplexes
Under Section 4 12 6 5(c),the applicant has requested that the Planning Commission authorize that line Wilton Farms Drive. The second project,under ZMA 94-07,SUB 97-19 and SUB 99-
the use of angled and curvilinear parking within the Avemore Development. 113,proposed up to 11 lots with duplexes on the lots This second project was never completed
One-Way Circulation Authorization .
The land for this second project is now a portion of the area currently under consideration
Under Section 4.12.6.2,the applicant has requested that the Planning Commission authorize the The third portion of the site currently under consideration is TMP 78-581 This section is the
portion of the old farm that was split offduring the original application for the Wilton Farm
use of one-way circulation within the Avemore Development.
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buildings to the Fontana Unfortunately,the buildings cannot be closer to Fontana Drive blocking the majority of vistas that residents of Fontana enjoy.. The plan also uses the
because the property line does not abut the road. However,their onentation is towards the "Garrets,"the apartment/garage combinations,as retaining structures This architectural
entrance on to Fontana Drive off Route 20 and Fontana Drive itself Concept drawings have technique reduces the need for large,visually unpleasing retaining walls
shown the extra area between the buildings and the road as a usable pedestnan area(see
Attachment G) The plan might benefit more from following the contours;however,to do so would cause the
applicant to lose the long,narrow theme of the Avemore Boulevard entrance that they feel is
9 Where site llumunanon is proposed,down-directed and shielded lights should be used important to their project.
The der elopment will have to meet the requirements of the Outdoor Lighting Ordinance
(4 17) Specific Standards for Residential,Commercial and Industrial Land Uses(Residential
Densities and Relationships to Other Land Uses, Residential Development Design,pp.22-23)
10.Historic buildings should be adaptively reused (Redevelopment)
The Wilton farmhouse was identified in the Neighborhood Three Study as one of the older In rezoning deliberations,the county should he mindful of the intent to encourage infill
homes in the Neighborhood. The histonc significance of the home is unknown,however,the development,contain most future growth within the designated Development Areas,and avoid
Garnet Day School altered the interior of the home.Under this proposal the home would be rural development pressure Unless contrary to natters of public health and safety,residential
removed rezoning to the upper end of the Comprehensive Plan recommended land use density ranges
should be favored even if the density exceeds that of surrounding developments
11 The phasing of developments should match service and infrastructure availability and The proposed development is in the middle of the density range. it matches the density of
capacity Wilton Farms Apartment and it significantly increases the residential density when compared to
Water and sewer service is available to serve this development. the Fontana Subdivision
12 Overall development density should be as high a level as is practical Maintenance of the integrity of residential areas should be accomplished using buffering.
The Land Use Plan designates this area as Urban Density(6 to 34 units per acre) At 15 screening,and physical separation of adjacent nonresidential uses (Mix of Uses)[Note. The
dwelling units per acre,the development is in the middle of the range The 20,000 square Neighborhood Model suggests that a major separation of residential and nonresidential uses is
feet of professional office and commercial use adds diversity to the site not mandatory Architectural and landscape features can and should be used to achieve
13 The integrity of adjacent residential areas should be maintained through use of buffering, compatibility]
screening,and separation of adjacent non-residential uses. The applicant is using the office buildings to screen the dwellings from Route 20 and Fontana
In this mixed-use development,the ability to meet this objective is difficult Furthermore, Dnve
the proposed office and commercial uses are not necessarily incompatible The applicant has For larger developments,layout and design should provide for varying building orientation and
work to integrate the design of the uses into the architecture of the site and to place the setback,dwelling unit type,façade treatment,and lot size to avoid repetitiveness. Open space
parking away from the main public road—Fontana Drive(Attachment G) should be employed as a design feature to establish and define smaller neighborhood areas
14 Developments should be designed with an internal orientation to foster a sense of place and within the larger developments. The PRD/PUD approach is particularly applicable for larger
avoid the image of continuous suburban sprawl (Buildings and spaces of Human Scale) developments (Buildings and Spaces of Human Scale)
The development attempts to incorporate the principles of New Urbanism. Avemore The proffer exhibits B-F show a variety of building designs and facade treatments Green space
Boulevard is kept narrow with street trees and traffic circles. While the amenities are not is spread through out the site Because of their size and number,the apartment building might
central to the development,green space is provided throughout the development The dominate the appearance of the site. The applicant should be encouraged to vary the look of the
townhome"village green"is intended to be community open space(Attachment H) Finally, apartments slightly while remaining constant to the architectural theme of the development
the commercial and office buildings are intended to be a pedestrian destination for the entire Specific standards for commercial development in the Land Use Plan also apply to this site.
neighborhood.(Attachment G). These standards are as follows:
15 Provisions should be made for innovative design that reduces housing costs (Affordability A Commercial zoning districts should be permitted only in designated Villages,Communities
with Dignity) and the Urban Area Only limited supporting commercial uses appropriate to the Rural
The applicant has indicated that the apartments would rent from$600 for the small Areas should he included in the Rural Areas zoning provisions (Clear Edges)
apartments over the garages and continue up from this point This rezoning is proposed in the Pantops Neighborhood(Neighborhood 3)that is part of the
16.Lot design and residential layout should be based on a rational use of land that reflects Urban Area.
topographic and other physical features rather than massive grading to eliminate or B. Highway-oriented commercial development should he located in clusters with common
counteract those features (Site Planning that Respects Terrain) access points Highway-oriented commercial development not located in such clusters
The plan calls for the buildings to be"stair-stepped"down the slope. As the buildings move should utilize service roads or shared access with adjoining sites to minimize the number of
down the slope,they gain height This strategy allows the project to gain density without
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intersections on higher volume roads. To encourage this approach,areas designated for the applicant has also provided open space with amenities as well as a clubhouse for the
commercial development should not be less than three acres and should be of reasonable residents.
topography to allow unified access
The office/commercial building façade treatments and relegated parking limit the potential Public need and justification for the change
The Comprehensive Plan calls for high density on this property. It is wedged between the
for a"strip"appearance Wilton Farm Apartments and the single-family houses of Fontana. This development works
C. Rezoning to a commercial designation for sites of three acres or more should he to meet the goal of higher density while being sensitive in its layout to the two different
accomplished under a planned approach accompanied by traffic analysts existing housing types
The applicant performed a traffic analysis. VDOT and the County staff had significant Anticipated impact on public facilities and services
reservations about several assumptions and methodologies used. Instead of re-analyzing the Water and Sewer Water and sewer service is available to the property
report,the developer agreed to provide for several essential off-site improvements(Proffer E,
F,H,&K) Roads—The Route 20 corridor currently experiences a significant amount of vehicular
D Commercial uses adjacent to residential areas should be effectively buffered and screened in
and pedestrian traffic This project will increase the traffic on Route 20. Staff has
accordance with zoning regulations Generally,commercial office uses should be employed identified three main areas of improvement along Route 20 They are a traffic light at
the Fontana Dnve/Route 20 intersection,a sidewalk along Route 20 between Fontana
as transitional areas between residential development and heavier commercial or industrial
Drive and Route 250,and improvements to the Route 20/250 intersection
areas Any uses(including commercial office uses)allowed adjacent to residential areas
should be compatible in operational aspects,and any potentially objectionable aspects The applicant has proffered fifty percent of the light or$50,000(which ever is lesser)
should be adequately addressed at rezoning towards the traffic light or other improvements in the Route 20 corridor(Proffer K).
The development is proposing to use a mixture of office and commercial between the bulk of The developer of Fontana is required through the subdivision plat to install a traffic
the residential development and Route 20 and Fontana Dnve This acts as a buffer for the signal when the Fontana Drive/Route 20 intersection reaches a Level of Service(LOS)
residential units. With the addition of an architectural design that provides for a unifying of D and meets traffic warrants A preliminary investigation by VDOT shows that the
theme,the office/commercial building blends into the project and provides a destination for intersection currently does not meet warrants,but estimates that the intersection is
its residents. quickly approaching a LOS D. County and VDOT staff estimate that the increasing
E Mixed commercial and residential areas as well as mixed uses within buildings should be traffic from Fontana will soon justify the light At that time,Fontana Developer will be
required to install or bond for the light before either the next phase's final plat is
encouraged as land and energy-efficient developments,along with infill of existing
approved or before the Fontana roads are accepted into the State Highway System
commercial areas.(Mixture of Uses and Centers)
The proposal provides a good,general development concept for a mixed-use,infill project. Public Transportation—The scale of the project and its close proximity to the Wilton
Farms Apartment Complex,which already is served by the bus system,make this
F Commercial uses should locate in areas where public utilities and facilities are adequate to
support such uses. Upgrading and extension of roads,water,sewer,electrical,telephone, project an ideal candidate for inclusion within the public transportation system The
possibility of providing public transport and a bus stop will be investigated at the site
natural gas systems,and community facilities should be considered in review of a
plan stage.
commercial rezoning request.
Utilities are adequate to support this proposal Stormwater management—Stormwater management plans were submitted as part of
this proposal Both the regional detention option and the on-site option appear to be
Other Staff Comments feasible at this conceptual stage
Analysis of the Rezoning Fiscal Analysis—A fiscal analysis has been performed and is included as Attachment I.
Relationship between the application and the purpose and intent of the requested Anticipated impact on natural,cultural,and historic resources
youfng district
The Intent Section of the R-I5 district lists three goals:A)Provision for a compact,high No impact is expected on natural,cultural or historic resources.
density development;B)Provision of a variety of housing types;and,C)Provision of Anticipated impact on nearby and surrounding propertiel
locational,environmental and developmental amenities The developer has worked to meet the concerns of the Fontana residents By augmenting the
Staff believes that the density proposed in this development is consistent with the district's buffer along the border with Fontana,providing for the connector road to Olympia Dnve,and
first intent for higher density. The use of the garage apartment,townhomes and apartment removing the detention basin on the Fontana property,the developer has met many of their
provides a variety of housing types. It would be preferable to have a system of concerns Since the development will mirror the density and housing type of Wilton Farms
homeownership included in the development to increase a sense of place However,the Apartments,no impact on this development is envisioned.
applicant feels that the development will be better run as a managed,rental facility. Finally,
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Staff remains concerned about the setbacks between the duplexes along Wilton Farms Drive Waiver Requests:
and the backside of the proposed townhomes The developer has mitigated the setback issue Angled and Curvilinear Parking Authonzatioq
for now by removing several of the offending townhomes from this Application Plan Under Section 4.12 6 5(c),the applicant has requested that the Planning Commission authonzed
(Attachment B) The developer currently owns most of the duplexes along Wilton Farms the use of angled and curvilinear parking within the Avemore Development The Engineering
Drive It is his stated intent to purchase the remaining duplexes and to incorporate them into Department has found no problems with either the angled or curvilinear parking on this
a revised Application Plan if and when this rezoning is passed At the time of that generalized plan The Planning Department believes that the angled parking adds to the
amendment to the Application Plan,he will demonstrate how all of the townhomes can be boulevard feel of the entrance and the curvilinear park provides no problems.
installed and setbacks between the townhomes and the duplexes can be satisfied
One-Way Circulation Authorization
Analysis of the Special Use Permit as related to Section 31.2.4.1 of the Zoning Under Section 4 12 6.2,the applicant has requested that the Planning Commission authorize the
Ordinance: use of one-way circulation within the Avemore Development. Staff believe that the one-way
The Board of Supervisors hereby reserves unto itself the right to issue all special use permits circulation along Avemore Boulevard will not pose a significant hazard and adds to the
permitted hereunder. Special use permits for uses as provided in this ordinance may be issued boulevard feel of the entrance. Staff recommends that the one-way circulation pattern be limited
upon a finding by the Board of Supervisors that such use will not be of substantial detriment to to Avemore Boulevard exclusively
adjacent property, private Roads
The special uses proposed for the offices and retail uses. They would be in two buildings Under Section 14-232,subsection A(I&4),the applicant requests Planning Commission
totaling 20,000 square feet. The retail uses are designed to provide small scale goods and approval for a private road connecting Avemore to Olympia Drive through the Fontana
services to the residential community There are retail uses that could have a detrimental impact Subdivision Staff has encouraged this interconnection and recommends approval
of the adjoining properties Staff is recommending conditions to the special use permit,which Section 32 7 2 4 states that"For a development of fifty(50)or more dwelling units,reasonably .
prohibit any potentially detrimental uses. In order to get permission for a use outside not on the direct vehicular access shall be provided from all residential units to two(2)public streets
defined list within the proffers,the applicant would have to seek an amendment to these Special connections" The Avemore proposal has only one entrance on to a public road—Fontana Drive
Use Permits. Finally,they are limited by the Zoning Ordinance to 4,000 square feet of Wilton Farm Drive fails to meet the second entrance requirement because it is a private road
commercial space on a single floor This size limitation should act as a self-selecting Thus,the developer,at staffs suggestion,has sought an additional access point to meet the
mechanism,which will limit larger,more intrusive uses requirements of Section 32 7 2 4. This access should be a private road for two reasons. First,the
that the character of the district will not be changed thereby developer can construct a more modest road that is more in keeping with an entrance to a
The office and commercial uses frame the entrance way into the neighborhood and not detract development than would an entrance into a public road Second,if the connector road remains
believes that these uses will complement the neighborhood and character of the private,the developer can place speedn bumps in the road to discourage cut through traffic The
from it Staff
speed bumps would not be allowed in a public road
district
and that such use will be in harmony with the purpose and intent of this advance, It is important to point out again that this private road connection between Avemore requires the
participation of several actors The Fontana HOA has stated their support for the road
The office and commercial uses are designed to complement the residential part of the interconnection because it meets several of their needs(i.e.removal of an unsightly basin and
development They follow the architecture theme of the other buildings and provide a pedestnan diversion of a portion of Avemore's traffic)(see HOA letter—Attachment F). The second actor
destination for residents of the neighborhood. is Dr.Hurt. The connector road must tie into Olympia Drive if and when it is extended The
with die uses permitted by right in the district extension is entirely on Dr.Hurt's properties. Dr Hurt has shown this connection in schematic
plans for his properties. It is staffs intent to use the site plan and subdivision processes to
The Neighborhood Model call for the integration of commercial and office uses with residential encourage the extension of Olympia Drive on to Dr.Hurt's property;however,there are no
uses at a limited scale. If anything,staff would like to see a better mixture of uses through out definite plans for the extension at this time. If Olympia Extended is built,the connection
the development instead of simply restncting them to the front. between it and Avemore will be completed(see Connector Road Exhibit—Attachment D and
with additional regulations provided in_Section 5.0 Qt.this ordinance. Proffer K)
These Special Use Permits are not regulated under Section 5 0 of the Zoning Ordinance SUMMARY
and with the public health,safety and general welfare. The applicant has proposed rezoning 27 i acres from R-10 with proffers to R-15 with proffers
The proffered plan calls for 360 apartments,46 townhomes and two office/commercial
This project is in general accord with efforts to promote public health,safety and general welfare buildings The applicant has met most of the staffs concerns and staff recommends for approval
because the applicant has made an effort to limit potential impacts that the development could of the project.
have on surround developments(e.g,traffic)
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Staff has identified the following factors that are favorable to this request 2 Clothing,apparel and shoe shops.
3 Department store.
1 The plan provides for increase interparcel interconnections
4 Drug store,pharmacy
2. The plan provides for regional detention of stormwater runoff This provides for better 5 Florist
long-term maintenance. 6 Food and grocery stores including such specialty shops as bakery,candy,milk
3 The plan provides for a mixed-use development with amenities dispensary and wine and cheese shops.
7. Furniture and home appliances(sales and service)
4. The developer has worked to offset the impact to the adjacent properties through proffers 8 Hardware store
for traffic improvements. 9 Musical instruments.
5. The developer is providing off-site improvements such as sidewalks,money towards a 10.Newsstands,magazines,pipe and tobacco shops.
traffic light or other improvements along Route 20,and the connector road to Olympia 11.Optical goods
Drive 12 Photographic goods.
13 Visual and audio appliances
Staff has identified the following factors that are unfavorable to this request 14 Sporting goods
1 The plan,under the regional detention proposal,detains only for stormwater quality 15 Retail nurseries and greenhouses.
control because the site does not easily accommodate the ability to detain the water b The following services and public establishments.
quality volume. The stormwater quantity impacts are mitigated because the site is so
close to the Rivanna River and the Westminster Basin is over compensating for flow in 1. Barber,beauty shops.
this small drainage. 2 Churches,cemeteries
3 Funeral homes
2 The plan does not provide for a centralized recreational amenity;however,the applicant 4 Health spas
is providing for open space and amenities around the periphery. 5 Indoor theaters.
3 The plan does not place the commercial btiildings as close to Fontana Dnve as staff 6 Laundries,dry cleaners.
would like to see;however,staff recognizes that the location of the property lines keeps 7 .Libraries,museums.
the building farther back. 8 Nurseries,day care centers(reference 5.1 06)
4 The office and commercial uses allowed under the Special Use Permits are undefined at 9 Eating establishments
this time. However,staff believes that the conditions of the Special Use Permits will 10.Tailor,seamstress
11.Medical center
limit the most objectionable uses in a residential area.
12 Indoor athletic facilities. (Added 9-15-93)
RECOMMENDED ACTION 13 Farmers'market(reference 5 1 36) (Added 10-11-95)
▪ Staff recommends approval of the rezoning(ZMA 00-10)and the proffers as proposed — Staff also recommends the authorization of the angled and curvilinear parking,the
▪ Staff also recommends approval of the Special Use Permit(SP 00-69)for professional authonzation of one-way circulation on Avemore Boulevard only,and the authonzation for a
offices allowed under Section 18.2 2(11)of the Albemarle County Zoning Ordinance with private road to connect the Avemore Development to the extension of Olympia Drive
the following condition:
1 The professional office uses shall be limited,in combination with the retail stores and Attachments.
shops uses allowed in SP 00-70,to not exceed 20,000 square feet. A—Proffers
Staff also recommends the Special Use Permit(SP 00-70)for retail stores and shops on a B—Application Plan
single floor,compatible with the residential characteristics of the district,with a gross floor C—Proffer Exhibits
area not exceeding four thousand(4,000)square feet,which is allowed under Section 18 2 2 D—Connector Road and Regional Stormwater Pond Exhibit
(12)of the Albemarle County Zoning Ordinance with the following conditions E—Tax Map
1 For the purposes of this Special Use Permit,Retail stores and shops shall be defined F—Fontana Homeowner Association's Letter
as the commercial uses listed below. G -Conceptual Drawings for the Commercial Area
H—Conceptual Drawings for the Village Green Area
a The following retail sales and service establishments: I—Fiscal Analysis
1 Antique,gift,jewelry,notion and craft shops
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lam II Ili 04: 11p SCOTT L KROMER 1604129E-2161 p.2 May 31 01 04: 11p SCOTT L KROMER 10041296-2161 p.3
at least 24"high at planting,and the gates and brick corners will be approximately
32"high At least three(3)benches will be provided in the Village Green The
Avemore Proffers Village Green improvements will be built in conjunction with the construction of the
townhouse section phase of the development
Die applicant a objective with this development is to provide a compact,high-density residential
development with a variety of housing types and environmental and developmental amenities (2) In addition to the Village Green,outdoor recreation facilities will consist of at least
Facilities Col appropriate and complementary professional and retail services will he located within three (3)tot lots to be placed in the approximate locations shown on the Plan
the development With design features such as sidewalks,a central green,a community clubhouse, [reference 4 16 2[
walking trails and preservation of open space,the development is intended to he sensitive to the
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natuial characteristics of the site and to the surrounding areas,to provide an improved level of (3) The community clubhouse will contain an outdoor swimming pool,indoor fitness
amenities, and to promote economical and efficient land use and appropriate and harmonious center,community room,business center,and leasing and management office for the
physical development,in order to accomplish a design in keeping with the goals and objectives of development At least two outdoor(2)picnic table and at least two(2)outdoor grills
the County's Comprehensive Plan The development will be a premier residential community and will be provided in the area adjacent to the creek behind the clubhouse.
will reflect the applicant's commitment to providing high quality and attractive architectural design The Director of Planning may determine that substitutions of recreation facilities are in
In connection with the applicant's rezoning application,the following proffers are made. general accord with this proffer and in satisfaction of the minimum requirements of Section
41621
A 1 he Conceptual Development Plan dated March 28,2001,last revised May 10,2001 (the D The applicant agrees to participate in the development of a regional SWM/BMP facility in
"elns'alleduponcompl hereto cos mpletion
lphis phases of
Alton Tvechara shownof the
theel Plan willnlieu of any requirement that it develop on-site SWM/BMP facilities for the Avemore
he installed upon completionofallphasesofconstruction Thecharacterofthedevelo development
will be in general accord with the form and character that is suggested by and is compatible development
with the proposed building elevations attached as the exhibits listed below Modifications
to the elevations shown on the attached exhibits which are either suggested by or required (I) The regional SWM/BMP facility will be designed and sized to provide a standing
by the Albemarle County Architectural Review Board will be deemed to be in"general pool with a water quality volume equal to approximately 92,100 cubic feet at the
accord" approximate location shown on the Plan
Exhibit B "Shops,"dated 12-15-00 (2) The regional SWM/BMP facility meeting the above design requirements shall fulfill
Exhibit C "Apartments,"dated 12-15-00 the Avemore development's requirement for stormwater quantity and quality for all
Exhibit D "Garages,"dated 12-15-00 portions of the development draining to the facility Any portion not draining to the
Exhibit E "Townhomes,"dated 12-15-00 facility will have to meet the stormwater quantity and quality requirements by means
Exhibit F "Clubhouse,"dated 12-15-00 of a separate stormwater management plan
B Commercial buildings will have two(2)street facades(each with at least one street-level (3)
expense,regional
during fB'MPcility will Avemore constructedcosr by the
awppllica t,at its
ts initiall
entrance),facing both Fontana Drive and the development. P g phase
to the issuance of permits for additional phases
C In satisfaction of the recreation facility requirements set forth in Section 4 16 of the County
Zoning Ordinance and in order to better meet the needs of the residents of Avemore,the (4) The engineering design of the regional SWM/BMP facility will be subject to final
following amenities are proffered engineering and site plan approval by Albemarle County's Department of
• Engineering.The Department of Engineering will have the right to reduce the design
(1) The Village Green will be surrounded by a hedge. Large variety trees,2 5 inches in parameters outlined in this Item D if hydrology characteristics,hydraulic engineering,
caliper or larger and of a species common to the area,will be located every 40 feet geotechnical engineering or topographic conditions dictate a modified design
on center between the hedge and the travelway surrounding the Village Green There
will be access points to the Village Green at each of the four corners,each of which (5) The proffer set forth in this Item D is contingent on the availability of contiguous off-
will consist of one(1)gateway flanked by two(2)brick corners The hedge will he site property and the cooperation of the owners of such off-site property in providing
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May 31 01 04: 12p SCOTT & KRONER
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the necessary dedication of such property fin the purposes of construction and J the Open Space shown on the plan along the shared common boundary with lots 1 through
maintenance of the SWM/BMP facility The off-site land will be dedicated under 10,Fontana,Phase 1,will consist of(i)a forty foot(40')buffer which will not be disturbed
terms satisfactory to the applicant and the County prior to Issuance of a grading during construction and(u)a seventy foot(70')building set back
permit for Avemore
K 1 he applicant will contribute the lesser of(t)50%of the cost of Installing a traffic signal at
(6) In the event that the applicant determines that the regional S WM/BMP facility is not the intersection of Fontana Drive and State Route 20 or(u)850,000,such sum to be applied
feasible under the terms and conditions outlined in this Item D,the applicant ui Its only to the cost of installing such traffic signal. If the County obtains full funding for such
sole discretion shall have the right to construct on-site SWM/BMP improvements to traffic signal from other sources and the applicant is not required to contribute toward the
satisfy County water quality and water quantity requirements In such event the cost of such signal,the applicant agrees that its contribution may be applied instead toward
proffers set forth in this Item D shall be null and void. the portion of the Route 20 improvement project in the area between Fontana Drive and U S
Route 250 Such payment will be made by the applicant at the later to occur of(x)the
E Applicant will acquire sufficient right-of-way,as determined by the County of Albemarle installation of such traffic signal(oi installation of the Route 20 improvements,as the case
Engineer,for a private,urban cross-section connector road that will be constructed to VDOT may be)or(y)the issuance of the first building permit for the Avemore development
Mountainous Terrain Standards Such right-of-way will commence at the round- Submitted as of the 31"day of May,2001 by
about/parking area at the northeastern corner of the development,in the general area shown
on the Plan as"Reserved for Private Street Connection(24'Pavement Maximum),"and will USER MES,
terminate at Olympia Drive. Ibis right-of-way will he platted prior to approval of a site plan H A� .
for the Avemore development
By._
In conjunction with the construction of the phase closest to the area shown on the Plan as Robert M Hauser,President
'Reserved for Private Street Connection,"the applicant will either construct the connector GRIT R1GR OFFICE PARK,IL L C
road or bond with the County for the construction of the connector road.1 his bond will be
held until the completion of the connector road,provided,however,that if Olympia Drive B Robert iau • me Inc,M a
ii not extended to a point where the connector road can be completed within 15 years,the
bond will he returned to the applicant,with interest 13y'
Robed M Hauser,President
F Upon construction or widening of Fontana Dn6e,the applicant will construct a four toot(4')
w ide,concrete sidewalk along Fontana Drive,between Avemore Boulevard and State Route
20
C, Internal walking paths will be five feet(5')wide and will be paved in asphalt
II Prior to site plan approval for phase l of Avemore,the applicant will dedicate to public use
an eight foot (8') wide right-of-way for the construction, maintenance and repair of a
sidewalk across Wilton Lots 16A,16B,17-1, 17-2 and 17-3,along the common boundary
of such lots with State Route 20.
1 The applicant will provide sufficient right-of-way in the area between Wilton Farm Road and
State Route 20 necessary to facilitate the construction of a second left-turn lane from Montana
Drive onto State Route 20,provided that such right-of-way will not create a zoning violation
for any existing improvements along the path of such new right-of-way. This right-of-way
will be provided at the time the Avemore road plan is approved by Albemarle County
Page 3 of 4 Page 4 of 4
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ATTACHMENT I'
REc;t1 V tU
Anton S Gardner 4. We request that the no build line be extended to at least 70 feet from
1608 Merano Lane ID'? aY/1101 the Avemore property line,and even further,if that is practical. We
Charlottesville,VA 22911 PLANNING AND appreciate your modification of the design to move the garages further
804 245-9255(phone/fax) COMMUNITY DEVELOPMENT down the hill and hope that this enables the larger no build line
April 23, 2001 5. We endorse the 40 foot no disturb line from the Avemore property line
and would appreciate it if could be extended further. It is our
Mr. Robert Hauser understanding that Stonehaus will dear out the dead trees, rubble and
Stonehaus Development such within that no disturb line and will remove the water tank that is
114 Whitewood Rd. close to the Fontana development. We would also like to discuss
Charlottesville,VA 22901 saving some trees that appear to lie beyond the 40 foot line.
6. We appreciate the opportunity to provide suggestions for the planting
Dear Bob: of trees to create an additional buffer between the Fontana and
Avemore developments on the north and east side of Avemore.We
Thanks for meeting with me over the past several weeks to discuss the understand that you have said that you would agree to such plantings
Avemore development. I think that our discussions have been productive and I where there was a need to create a fuller buffer than already exists.
have shared the information with the Board of Directors of the Fontana Owners 7. You have mentioned that you will provide a sidewalk from the Avemore
Association, Inc. (FOAI). Thanks also for following up on the traffic light entrance along the Fontana Drive side of Avemore down to Route 20.
information. I hope that we can get a more definitive reading of existing We would be pleased to discuss its location in relation to our adjacent
commitments. Property.
The Board met last Thursday and authorized me to communicate several 8. We continue to be concerned about the lighting effects of the
things to you on its behalf,as outlined below. development on our view shed. I will follow-up subsequently with more
1. We have the strongest interest in a traffic light as soon as possible at information on this subject in order to diminish the'halo'effect of the
the intersection of Fontana Drive and Route 20. We do not want to development.
enter into the controversy of who should pay for it, but we are 9. Regarding architecture,we do support having the Architectural Review
convinced that it should be completed concurrent with Phase 1 of the Board review the site plans. In addition,we are drafting language that
Avernore project. might provide comfort to us regarding the character of the development
2. We also support the creation of another entrance/exit to the Avemoreend that could be incorporated into a proffer. I will send this to you
project on its east side adjacent to the Fontana development. We are under separate cover.
willing to enter into an agreement with Stonehaus to grant an
easement for a road that would connect with Olympia Drive in I am still working on the question of ownership of the land to the east of
exchange for a restoration of the current storm detention area in the FOAI property. I will contact you when I have this.
accordance with mutually satisfactory plans. We would expect the
restoration of our property to be completed at the earliest possible , The FOAL anticipates a constructive relationship with Stonehaus in the
time. We would expect that the road would be built only when there development of your property. It appears that we have the basis for a fruitful and
was a connector built from Olympia Drive to Route 250. Until then,the mutually beneficial set of agreements. I look forward to hearing your response to
improvements should be secured by a bond or otherwise acceptable this letter.
method.
3. We are willing to grant an expanded easement for the entrance/exit i Sincerely,
onto Fontana Drive at Avemore Boulevard. In exchange we would
expect that the FOAL property fronting Fontana Drive would be
landscaped with a buffer according to a plan that is mutually Anton S.Gardner,
acceptable. Also,Stonehaus would agree that neither the easement Member,Board of Directors,
area nor any other FOAI property would be used as a staging or I FOAI
storage area prior to or during the development process and that all
storage and staging would be confined to the property of the Avemore I CC: members, Board of Directors,FOAI
site. I Michael Barnes,Albermarle County
17
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COUNTY OF ALBEMARLE ZMA 00-10
ATTACHMENT I May 30,2001
s rty Page Two
ah
tVV�, In terms of the annual impact that the development of 195 MF's and 60 SFAITH's would have on the
MEMORANDUM County's capital costs,CRIM estimates the following result
CIP Impact—Current Zoning
TO: Michael Barnes,Planner Schools CF Pay-As-You-Go (S0)
Schools CF Debt Service ($227,000)
FROM: Steven A Allshouse,Fiscal Impact Planner n i,
Total Schools CIP Impact ($227,000)
DATE: May 30,2001
County CF Pay-As-You-Go (SO)
RE: ZMA 00-10(Avemore)'Second Amendment' County CF Debt Service ($0)
Total Cty Govt CIP Impact (S0)
Per your second set of amended instructions,I analyzed two separate scenarios for the property in Net Annual CIP Impact (S227,000)
question The first scenario involved the maximum development that could take place under existing
zoning,while the second scenario involved the proposed development of this piece of land The Note that these(.'IP figures are included in the fiscal impact numbers listed on the previous page
results of these two analyses appear in the attached "Budget Summary --Current Zoning" and ("The$227,000 in capital costs is part of this$854,000 in the estimated total annual expenditures
"Budget Summary--Proposed Zoning"documents •
resulting from the development of 195 MF's cad60 SFA/TH's). These(7P numbers are presented
separately to highlight the magnitude of the capital costs that would be associated with such
In the case of the first scenario,I assumed that 255 dwelling units,including 195 multifamily(MF) development
units and 60 single family attached residences/townhouses(SFA/TH's),would be built during the
course of five years,with roughly equal numbers of units constructed in each year CRIM estimates The second scenario that I ran involved the proposed construction of 360 multi-family/apartment
that,after build-out,the type and level of development that could take place under existing zoning (MF)units,46 SFA/TH's,4,000 square feet of retail space,and 16,000 square feet of taxable office
would result in the following annual net fiscal impact space on the property I assumed the residential development would be completed in roughly equal
increments during the five year build-out,whereas the non-residential construction would take place
Fiscal Impact—Current Zoning all in year one CRIM estimates that,after build-out,this project would have the following net annual
fiscal impact
Property Taxes $163,000
Other Revenues 359,000 Fiscal Impact—Proposed Development
Total Revenues $522,000 Property Taxes $266,000
Other Revenues 625,000
School Expenditures ($697,000)
County Govt Expenditures (157,000) Total Revenues $891,000
Total Expenditures ($854,000) School Expenditures ($1,128,000)
County Govt Expenditures (269,000)
Net Annual Fiscal Impact (S332,000)
Total Expenditures ($1,397,000)
Net Annual Fiscal Impact (S506,000)
�l
ZMA 00-10
May 30,2001 i
s
Page Three
. i
'
As for the impact of this proposed development on the County of Albemarle's capital costs,GRIM eo
estimated the following outcome p i
00 0000 m NN OOONOON.-.ON-.m222 �D00000 OI -. IV�2lVn .:g22hh
�NNNN m »^»»N»»NN-.NNNNNN»1.1
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SchoolsCFPay-As-You-Go (S0) UN2 e222a NN00000ONe.ON,.N..NOSW000OO S N NONnn .+I.IN
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,p,p 22222 R NNOOONOONaON. ;»:4m�Npbsgasa R N nNOnn NRiNM„nl
g m»»NN m NI.IN»NMNN«M N»N»NNN1.1 M ,N,NNNN NM +•
Net Annual CIP Impact ($375,000) N » « h
min m0000 m NN000 Noo N..o N.=.1: ”.gg o ,, .n a 2
Again,these OP numbers are included m the total annual expenditures of S1,397,000 shown on the wawa» wawa»„»wawa»»„»»» »» » » w»»» M gip ER R
previous page,and are presented separately to illustrate the relative magnitude of capital costs o
pp _ S I
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The number generated by the two scenarios that I ran indicate that,if the County approves :wawa » N . „ »w»„w » »N
ZMA 00-10,the differential net annual focal impact would be S332,000-S506,000=-S174,000. » » r
This number means that,annually,the County would be S174,000 worse off approving ZMA ' • ,. 5
min »"0000 I NM2ans2»May.a:=»»22Mma N N mn.A0 F.Ilas.yl
00 10 than denying the proposal. 8 "" "
Note (I)Although my analysis suggests that approval of ZMA 00-10 would result in a net annual — "
NN m0000 -.N000moo-.ao-.o o--m »2N»No m a a•+ �onogN �•�.
fiscal drain to the County,this fact alone does not necessarily mean that ZMA 00-10 should be wawa» w»»« N»»»»»«S»»» N » »»MaN NN»»»» :»
denied,since the totel mix of development taking place in Albemarle County in any given year might
generate a revenue-neutral outcome,(2)If Albemarle does nor approve ZMA 00-10,the growth that n
m0000 a 2�000m000 N000mooNnmoo Nao 0 Qu2sQ 2:6.2Nm �$
is assumed to be associated with this proposed development would likely take place somewhere else 8 »"""^ » 2 w a w a -.
in the County,and(3)When deciding whether or not to approve a proposed development,Albemarle F
takes into consideration a number of issues other than just the project's fiscal impact These issues
include, but are not necessarily limited to, affordable housing, transportation impacts, and I
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environmental well-being
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