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Home My WebLink AboutZMA201600015 Public Notification 2016-11-18 epF AL 8�4.1i it COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,North Wing Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 November 18,2016 RE: ZMA201600015 Oakleigh Dear Sir or Madam: This letter is to notify you as an adjacent property owner of the above-referenced petition described as follows. ZMA201600015 Oakleigh MAGISTERIAL DISTRICT Rio TAX MAP/PARCEL. 045000000026A0 LOCATION' Located on the south side of Rio Road West across from its intersection with Woodburn Road PROPOSAL. Amend previously approved Proffers, Code of Development and Application Plan to allow a 140-bed assisted living facility on the rear half of the site. The amended plan also seeks to allow the site to develop according to the existing approved Application Plan with a revised Code of Development and Proffers PETITION Rezone 8 82 acres from Neighborhood Model district which allows residential uses mixed with commercial, service and industrial uses at a density of 3-34 units per acre to Neighborhood Model district which allows residential uses mixed with commercial, service and industrial uses at a density of 3-34 units per acre This request seeks to amend the Code of Development to add a 140-bed assisted living facility in Blocks III, IV or V of a revised Application Plan, which would reduce the total maximum dwelling units from 109 units at a density of 12.3 units per acre to 36 units at a density of 4 0 units per acre. This request also seeks to preserve the ability to develop the existing approved Application Plan that proposes a maximum of 109 dwelling units at 12 3 units per acre Under either Application Plan, the request seeks to amend Proffers#1, 2, 4 and 6 as follows: amend Proffer#1 to provide $19,100 cash per required affordable housing unit to meet the 15% Affordable Requirement after the certificate of occupancy is issued for the 52nd dwelling unit(the existing proffer requires constructing 7 5% of total required affordable housing units and providing $19,100 cash in lieu of 7 5% remaining required affordable housing units), amend Proffer#2 to reduce cash proffers from $17,500 to $7,333 18 for each single-family detached dwelling, from $11,900 to $5,447 57 for each single-family attached dwelling that is not an affordable dwelling unit, and from $12,400 to $7,419 91 for each multi- family dwelling unit that is not an affordable unit; amend Proffer#4 to reduce the number of trees preserved under the plan with an assisted living facility from 39 trees to 13 trees and reduce the required bonding from $29,000 to $10,000; eliminate Proffer#6 which required additional erosion and sediment controls to achieve a sediment removal rate of 80% for the property. OVERLAYS Entrance Corridor(EC), Steep Slopes (Managed) and Airport Impact Area (AIA) PROFFERS Yes COMPREHENSIVE PLAN Urban Density Residential—residential (6 01 —34 units/acre), supporting uses such as religious institutions, schools, commercial, office and service uses and Urban Mixed Use (in Centers), supporting uses such as retail, residential, commercial, employment, office, institutional, and open space in Neighborhood 1 of the Places29 Master Plan This petition will be reviewed and public comment received at the ALBEMARLE COUNTY PLANNING COMMISSION MEETING ON TUESDAY,DECEMBER 6,2016. The Albemarle County Planning Commission will meet at 6:00 p.m.,Lane Auditorium, Second Floor, County Office Building,401 McIntire Road,Charlottesville,Virginia. Should you wish to attend this meeting,you may call this office during the week of the meeting to ask the tentative time the item is scheduled on the agenda. After the Commission has taken action on the proposal,a second public hearing will be scheduled for the Board of Supervisors.The Board's meeting begins at 6.00 p.m(evening meeting)or 9.00a.m.(day meeting) A letter of notification of this hearing will not be sent to adjoining owners,however,you may check this website•http://albemarle.org/upload/images/webapps/zoning/for SIGN#83 to see its status at any time. Alternatively,you may sign up for A-mail by going to www.albemarle.org. (Go to the "Department"tab at the top and select County Executive. At the County Executive's page,you will see "Albemarle County A-mail"by going to the menu on the far right of the page. It is the last item. Select this item and sign up from there.) If you do not have interne access,please feel free to contact me by phone at 434/296-5832 x 3270 Should you have any questions regarding this project,please feel free to contact me at the above noted telephone number or via e-mail at jnewberry@albemarle.org. Should you simply wish to review file material pertaining to the project,this information is available for review in the Community Development Department during normal business hours(8 a.m.-5p.m.,Mon-Fri).To assure the information is ready for your viewing and to allow staff to be available to help with any questions,we encourage you to schedule a viewing time.Please contact me during business hours to schedule an appointment. While an appointment is not required,we do give priority to those with appointments. Those without appointments may fmd the materials are in use by others and/or staff is not available to help. Sincerely, JT Newberry Senior Planner Planning Division ABUTTING PROPERTY OWNERS 663 BERKMAR LLC A AND A LIMOUSINE SERVICE LLC BERKMAR OFFICE LLC BLACK CAIMAN REAL ESTATE LLC CETIC,PREMIL OR RANKA COMMERCIAL RENTALS LLC CRITZER,LAWRENCE L OR PRISCILLA DAVIS,KENNETH L TR OF KENNETH L DAVIS TR&FUNAI,MASON&CONNIE DEMREP LLC EJM GARDEN LLC HALL,WAYNE A OR DEBORAH S HENIX VENTURES LLC KANG,BYONG K&SUSAN LEBO COMMERCIAL PROPERTIES INC MEDICAL FACILITIES OF AMERICA LXXVI(76)LIMITED PARTNERSHIP MOBILE PARKS OF CHARLOTTESVILLE INC C/O WENDELL WOOD MTB INVESTMENTS LLC OAKLEIGH ALBEMARLE LLC OVATION GROUP LLC PARSONS,RUTH POWELL,ROBERT K,TRUSTEE OF THE ROBERT K POWELL REV TRUST PRITCHETT,MONTIE A OR JUNE M SCHECTMAN,JOEL OR LISA DRAINE SCOTT,W STEPHEN OR JOAN B HACKETT-SCOTT STEWART,BLANE TGR INVESTMENTS LLC THOMAS,WILLIAM R OR RACHEL CASTILLO T VALENTE,ANTHONY OR MARY K WHITTEN,WILLIAM OR OLIVIA B cc: Edwards Design Studios C.O Steve Edwards 4936 Old Boonsboro Road Lynchburg,Va.24502 City Manager PO Box 911 Charlottesville,VA 22902 I. L� 8<; Alta" r IRGI.tP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,North Wing Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 November 18,2016 Edwards Design Studio C.O Steve Edwards 4936 Old Boonsboro Road Lynchburg,Va.24502 RE: ZMA201600015 Oakleigh Dear Mr Edwards, This letter is to notify you that your above-referenced petition has been scheduled for public hearings as follows. - , r This petition will be reviewed and public comment received at the ALBEMARLE COUNTY PLANNING COMMISSION MEETING ON TUESDAY,NOVEMBER 1,2016. The Albemarle County Planning Commission will meet at 6.00 p.m.,Lane,Auditorium, Second Floor, County Office Building,401 McIntire Road,Charlottesville,Virginia.You or your representative must be 'present at this meeting;you may call this office during the week of the meeting to ask the tentative time the item is scheduled on the agenda. After the Commission has taken action on the proposal,a second public hearing will be scheduled for the Board of Supervisors. The Board's meeting begins at 6.00 p.m(evening meeting)or 9:00a.m. (day meeting).You or your representative must be present at this meeting; A letter of notification of this hearing will not be sent to adjoining owners,however,you may check this website: http.//albemarle.org/upload/images/webapps/zoning/for SIGN#83 to see its status at any time. Alternatively,you may sign up for A-mail by going to www.albemarle.org. (Go to the"Department"tab at the top and select County Executive. At the County Executive's page,you will see"Albemarle County A- mail"by going to the menu on the far right of the page. It is the last item. Select this item and sign up from there.) If you do not have internet access,please feel free to contact me by phone at 434/296-5832 x 3270. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS At least fifteen(15)days preceding the commission's public hearing,the Zoning Administrator or designee shall erect on the property,subject to the above-referenced application(s),a sign(or signs)indicating the property is to be subject to public hearing and referencing how to obtain additional information regarding such hearing. The sign shall be erected within ten(10)feet of whatever boundary line of such land abuts a public road and shall be so placed as to be clearly visible from the road. If more than one such road abuts the property,then a sign shall be erected in the same manner as above for each such abutting road. If no public road abuts thereon,then signs shall be erected in the same manner as above on at least two boundaries of the property abutting land not owned by the applicant. The filing of the petition or application shall be deemed to grant consent to the Zoning Administrator or designee to enter upon the property and to erect the signs. Mr.Edwards Page 2 November 18,2016 Upon a finding by the Board of Supervisors that failure to comply with the posting requirements of this section has denied the public reasonable notice of the public hearing,the Board may defer action on the petition or application until reasonable notice by posting is given. The applicant shall exercise due diligence to protect the sign or signs erected,pursuant to section 33.8, from vandalism and theft;maintain the sign or signs in the location or locations in an erect position as placed by the Zoning Administrator or designee; and ensure that such sign or signs remain legible. Failure to comply with these responsibilities may be grounds for the Commission or the Board of Supervisors to defer action on the petition or application until there is reasonable compliance. Any sign erected pursuant to section 33.8 shall remain the property of the Board of Supervisors.It shall be unlawful for any person, except the applicant performing maintenance required by this section or the zoning administrator or an authorized agent of either,to remove or tamper with any sign erected pursuant to section 33.8. All such signs shall be removed by the Zoning Administrator or designee within fifteen (15)days following the Board of Supervisor's final action on the petition or application or the applicant's withdrawal of the petition or application. Should you have any questions regarding the procedure for posting of signs,please do not hesitate to contact the Zoning Administrator Sincerely, 3-4- 11-2)-s- JT Newberry Senior Planner Planning Division CC: Oakleigh Albemarle LLC 690 Berkmar'Cir Charlottesville VA 22901 AFFIDAVIT November 18,2016 I,Stephanie L Collier,hereby certify that the attached notification letter was sent on the above date to those persons listed on said notification. A total of 31 letters were sent(this includes those listed receiving a copy). Given under my hand in the County of Albemarle, State of Virginia 18th day of November 2016. • N tary Public My commission expires May 31,2020 FILE. ZMA201600015