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Home My WebLink AboutZMA200600015 Action Letter 2008-05-190 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 May 20, 2008 Mr. Michael Barnes KG Associates P.O. Box 5702 Charlottesville, VA 22905 RE: Application for Variation dated 4-23-08 for ZMA 2006-16 Livengood Dear Mr. Michael: Thank you for your variation requests of 4-23-08 to enlarge the proposed park and add an alley behind lots fronting Penclower and Fernclown Lanes. This letter serves to provide approval to these variations in keeping with the depictions on the Preliminary Plat dated March 21, 2008 prepared by Rouclabush and Gale, and the attached application. The analysis of the variation request is provided below: Section 8.5,5.3 allows the director of planning to grant minor variations to minimum lot sizes and to the arrangement of buildings and uses shown on the plan, provided that the major elements shown on the plan and their relationships remain the same and: 1) The variation is consistent with the goals and objectives of the comprehensive plan. This proposal supports the goals and objectives of the Neighborhood Model which is part of the comprehensive plan by allowing for parking to the rear of lots, using an alley and by enlarging an open space/park area. 2) The variation does not increase the approved development density or intensity of development. The variation would not increase the approved density or intensity of the development. The number of lots and units remains the same. 3) The variation does not adversely affect the timing and phasing of development of any other development in the zoning district. The variation does not affect any timing or phasing of any other development. 4) The variation does not require a special use permit. This variation does not require a special use permit. 5) The variation is in general accord with the purpose and intent of the approved rezoning application. This variation supports the principles of the Neighborhood Model, in conformity with the approved rezoning. If you have any questions or need additional information, please contact me at 296-5823. Sincerely, Elaine K. Echols Principal Planner for the Development Areas Megan Yaniglos— Current Development Glenn Brooks — County Engineer EMER Ary A' LqT 20-- �61 21 L6T 16, tQT 26- N �A Application for Variations from Approved Plans, �y Codes and Standards of Development DATE: f, NAME OF PLANNED DISTRICT: 4- Z.M1A NUMBER(s): t� � ' 2.,-0& a { Contact Personf�=t'i<- Address ' c} f i d. ('it4 f., N.` (`�` State.. '§ p' Z'P Daytime Phone C�)°O lvv�`� F. {�)t-r1`�`J-r _E nail _ t..¢'`;seaa What type of change is requested?: Variation to the Plan ❑ Variation to the Code or Standard Provide a copy of the existing plan (may be a reduced copy) illustrating the area for which the change is requested. Provide a graphic representation of the requested change. Describe the variation being sought (may attach separate sheets): amu.' 1(L t-i,ir-' Yom.. i I✓ Ga,.,: ctl t`c$ g2 {! i ---------------- —r—ice- ` ____ j f it,<..:^. n j al/ ) ('V,r_ is '?4a. 7 A, ti: �_ _ ;(-t f b.a_ ��-___� t _______ ,{ a ` Li, -1 1' c @@ y i Ztr.-i i g t£ e o- �(- e L{ti, Ci g--- ^qtr✓ E p : �K, f y, -Y - ___ st:.�--- €.,,..c 'e.-3 "zr 55 r y What is the reason for each of the requested variations?: ---- c i4 41-dt.,> cv %_ .-z's < r� ``i r Z r t CtU t,�a.'sa:' t. o a -r `'� ; In accordance with § 8.5.5.3 c) ofthe Zoning Ordinance, in order to grant the variation, the Planning Director must make positive findings under 5 criteria. Please provide information about these criteria for the Director's consideration (may attach separate sheets). L Is the variation consistent with the goals and objectives of the comprehensive plan? 2. Does the variation increase the approved development density or intensity of development? C 3. Does the variation adversely affect the timing and phasing of development of any other development in the zoning district? U, 4. Does the variation require a special use pennit? 5. Is it in general accord with the purpose and intent of the approved rezoning application? § 8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENT The director of planning and community development may allow a site plan or subdivision plat for a planned development to vary from an approved application plan, standard of development and, also, in the case of a neighborhood model district, a general development plan or code of development, as provided herein: a. The director is authorized to grant a variation from the following provisions of an approved plan, code or standard: 1. Minor variations to yard requirements, maximum structure heights and minimum lot sizes: 2. Changes to the arrangement of buildings and uses shown on the plan, provided that the major elements shown on the plan and their relationships remain the same; 3. Changes to phasing pians: 4. Minor changes to landscape or architectural standards; and 5. Minor variations to street design. d. Any variation not expressly provided for herein may be accomplished by rezoning. 01Y AL LIRG113t4+ COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 June 26, 2007 Michael Barnes Post Office Box 5207 Charlottesville, VA 22905 RE: ZMA 2006-00015 Livengood (Glenmore Section S5) (Sign # 26 & 30) Tax Map 80, Parcel 48; Tax Map 94, Parcel 1 Dear Mr. Barnes: The Albemarle County Planning Commission, at its meeting on June 5, 2007, indefinitely deferred the above -noted petition by a unanimous vote. If you have any questions, please do not hesitate to contact me. Sincerely, Sean Dougherty Senior Planner Planning Division SD/SM Cc: Livengood, Robert D & Carolyn S 1192 Ashton Road Keswick, VA 22947 Ella Carey Glenn Brooks Steve Allshouse Sherri Proctor Sarah Baldwin pF AL� ti �IRGltst�' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 August 29, 2007 Michael Barnes PO Box 5207 Charlottesville, VA 22905 RE: ZMA2006-00015 Glenmore Livengood (Sign # 26,30) TAX MAP/PARCEL: Tax Map 80, Parcel 48 and Tax Map 94, Parcel 1 ZMA2006-00016 Glenmore Leake (Sign # 31, 32, 44, 69) Tax Map 94, Parcel 16, 74, and 16A (portion thereof) and Tax Map 93A1, Parcel 1 Dear Mr. Barnes: The Albemarle County Planning Commission, at its meeting on August 21, 2007, recommended approval of the above -noted petitions to the Board of Supervisors. Please note that this approval is subject to the following conditions: Regarding ZMA2006-00015 Glenmore Livengood 1. The applicant shall meet the Board's cash proffer and affordable housing expectations for 43 residential units. 2. The applicant coordinates asphalt pathway locations so that they are placed on the same side of the street as residences and do not switch to the opposite side of the road between existing and proposed portions of Glenmore. 3. The applicant provides a minimum greenway area dedication in a proffer. Regarding ZMA2006-00016 Glenmore Leake 1. Prior to the Board of Supervisors hearing the applicant will enter into an agreement with the Glenmore Homeowner Association on all issues discussed and be reduced into writing by counsel. 2. The applicant shall meet the Board's cash proffer and affordable housing expectations for 110 residential units. 3. The plan shall be amended to show a complete pedestrian connection along Farringdon, Carroll Creek Road and Piper Way. Please be advised that the Albemarle County Board of Supervisors will review ZMA2006-00015 Livengood on October 10, 2007 and ZMA2006-00016 Leake on November 14, 2007. Glenmore Leake and Livengood August 29, 2007 If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincerely, Sean Dougherty Planner Planning Division SD/SM Cc: Glenmore Associates Limited Partnership PO Box 5207 Charlottesville, VA 22905 Robert D & Carolyn S Livengood 1192 Ashton Road Keswick Va 22947 Ella Carey Glenn Brooks Steve Allshouse COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA 06-15 Glenmore Livengood Expansion SUBJECT/PROPOSAL/REQUEST: Request to rezone 32.34 acres of Tax Map Parcels 80-48 and 94-1 from RA to PRD with proffers STAFF CONTACT(S): Cilimberg, Echols LEGAL REVIEW: NO AGENDA DATE: October 10, 2007 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: YES BACKGROUND: On August 21, 2007, the Planning Commission held a public hearing on the Livengood rezoning. The Planning Commission recommended approval with the following conditions: (1) The applicant shall meet the Board's cash proffer and affordable housing expectations for 43 residential units; (2) the applicant shall coordinate asphalt pathway locations so that they are placed on the same side of the street as residences and do not switch to the opposite side of the road between existing and proposed portions of Glenmore; and (3) the applicant provides a minimum greenway area dedication in a proffer. Although it is not reflected in the Action Memo, the Commission engaged in discussion on paths that would lead to the Livengood section along internal Glenmore roads. In the end, the Commission did not ask the applicant to proffer that Glenmore Associates would build paths inside Glenmore. However, they did ask that Glenmore Associates work with the Glenmore Community Association and enter into a private agreement for provision of paths. The Commission asked that the applicant provide this information before the Board of Supervisors meeting. The Commission also approved a critical slopes waiver and waivers associated with private streets and rural cross-sections. At the writing of this report, staff has yet received the agreement. Attachment I contains the action memo of the Commission. Attachment II is the staff report reviewed by the Planning Commission with the previous plan and proffers. DISCUSSION: Since the Planning Commission meeting, the applicant has modified his proffers to meet the County's affordable housing policy and to provide cash proffers meeting the Board's expectation of $17,500 on all single-family detached units. The applicant has shown pedestrian paths in the locations requested by the Commission. The proffer format has also been changed such that the existing Glenmore proffers are not being revised; rather the proffers reflect only the addition of this land to the Glenmore development. Because there is no greenway on the Livengood property, the greenway dedication is not necessary with the Livengood proffers. The dedication will be made with the Leake rezoning which the Board will hear on November 14, 2007. Attachment III contains the updated proffers and Attachment IV is the Application Plan. Minor wording changes to the proffers that have been requested by the County Attorney's office are expected on signed proffers before the public hearing. RECOMMENDATIONS: Staff recommends approval of ZMA 06-01 with the current proffers (Exhibit C) and the amended application plan (Exhibit D). Staff recommends approval of a waiver to Sections 4.6.2 and 4.6.3.b. of the Zoning Ordinance to allow for the application of setbacks for the affordable dwelling units to be as shown on the application plan. ATTACHMENTS: ATTACHMENT I: Planning Commission Action Memo for August 21, 2007 ATTACHMENT II: Staff Report dated August 21, 2007 ATTACHMENT III: Signed proffers dated October 1, 2007 ATTACHMENT IV: Application Plan dated September 10, 2007