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Home My WebLink AboutZMA201600015 Other 2017-02-18 Albemarle County Meeting Agenda Board of Supervisors Supervisor, Rivanna District Norman G. Dill Supervisor, White Hall District Ann H. Mallek Supervisor,Jack Jouett District Diantha H. McKeel Supervisor, Samuel Miller District Liz A. Palmer Supervisor, Scottsville District Rick Randolph Supervisor, Rio District Brad L. Sheffield Interim County Executive, Douglas C. Walker Clerk, Claudette K.Borgersen Wednesday, February 8,2017 2:00 PM Lane Auditorium Adjourned and Regular Night Meeting 1. Call to Order. Work Session: 2. 17-176 Albemarle County Public Transit Presentation (Kevin McDermott, Transportation Planner) 3:15 p.m. -Recess. 3:00 p.m. 3. Joint Meeting with School Board: 3.1. 17-196 Health Insurance. (Lorna Gerome, Director. Human Resources) 3.2. 17-197 Human Resources Annual Report Follow-up. (Lorna Gerome) 4:45 p.m. - Presentation: 4. 17-189 United Way - Pre-K Update. (Cathy Train, President. United Way-Thomas Jefferson Area) 5. 5:15 p.m. —Closed Meeting. 6. Cerify Closed Meeting. Albemarle County Page 1 Printed on 2/2/2017 0 410 Board of Supervisors Meeting Agenda February 8,2017 7.1 17-190 Vacancies and Appointments. (Travis Moms) 6:00 p.m. 8. Call Back to Order. 9. Pledge of Allegiance. 10. Moment of Silence. 11. Adoption of Final Agenda. 12. Brief Announcements by Board Members. 13. Recognitions: 14. From the Public: Matters Not Listed for Public Hearing on the Agenda. 15. Consent Agenda (on next sheet) Action Item: 16. 16-586 ZMA201600005 Foothills Daily Property(Deferred from February 1, 2017). (Elaine Echols,Principal Planner) Public Hearing: 17. 17-102 SP201600019 Planned Parenthood (Megan Yaniglos, Principal Planner) 18. 17-103 SP201600021 Tommy Shull's Wrecker& Repair (JT Newberry, Senior Planner) 19. 17-177 filligingil. (JT Newberry) 20. From the Board: Committee Reports and Matters Not Listed on the Agenda. 21. From the County Executive: Report on Matters Not Listed on the Agenda. Albemarle County Page 2 Printed on 2/2/2017 0 0 Board of Supervisors Meeting Agenda February 8,2017 22. Adjourn to February 14, 2017, 10:00 a.m., TJPDC Water Street. Albemarle County Page 3 Printed on 2/2/2017 • • Board of Supervisors Meeting Agenda February 8,2017 CONSENT AGENDA 15. FOR APPROVAL (by recorded vote): 15.1 17-180 First Amendment to the Promissory Note for the Lewis & Clark Exploratory Center (Greg Kamptner) 15.2 17-183 Albemarle County Board of Supervisors Rules of Procedure and Policies (Greg Kamptner) 15.3 17-145 Road Naming and Property Numbering Manual (Mark Graham) 15.4 17-170 Acquisition of Conservation Easements (ACE) Appraisals and Purchases for FY 2016 Applicant Class (Ches Goodall) 15. FOR INFORMATION (no vote necessary): 15.5 17-191 Blue Ridge Juvenile Detention Commission Charlottesville, VA Financial Report Year Ended June 30, 2016. ON FILE IN CLERK'S OFFICE 15.6 17-192 Albemarle-Charlottesville Regional Jail Authority Financial Report Year Ended June 30, 2016. ON FILE IN CLERK'S OFFICE 15.7 17-194 Charlottesville-Albemarle Joint Health Center Building Fund Modified Cash Basis Financial Report Year Ended June 30, 2016. ON FILE IN CLERK'S OFFICE 15.8 17-193 Albemarle-Charlottesville Emergency Communications Center Financial Report Year Ended June 30, 2016. ON FILE IN CLERK'S OFFICE 15.9 17-195 Darden Towe Memorial Park Financial Report Year Ended June 30, 2016. ON FILE IN CLERK'S OFFICE Albemarle County Page 4 Printed on 2/2/2017 • Board of Supervisors Meeting Agenda February 8,2017 Thank you for attending today's public hearing. During the 2017 Calendar Year,the Chair is Diantha H.McKeel. During the time set aside for "Matters Not Listed for Public Hearing on the Agenda" at the beginning of each meeting, individuals will be allowed a three-minute time limit in which to speak, unless otherwise decided. A sign up sheet is provided for your name, address and magisterial district. If you are with a group of people, you may want to have a spokesperson present your position to the Board and have others in agreement recognized by standing. If there are an unusually large number of people present to speak under this item, the Board may need to limit the number of speakers it can hear at the beginning of the meeting or limit the time each person may speak. During public hearings, the Board will try to hear everyone who wishes to speak on a subject (sign-up lists for speakers are used), but sometimes discussion has to be limited because of time constraints. If a previous speaker has stated your position, you may make that known by reference, Applicants are limited to a ten-minute presentation of their proposal and will be allowed a five-minute rebuttal at the close of the public heanng. Other speakers are limited to one appearance of three minutes. If additional time is required, it may be granted by consent of the Board for good cause, but such decision shall be at the sole discretion of the Board of Supervisors. The timekeeper will signal when your time is up. In order to give all speakers equal treatment and courtesy,the Board requests that speakers adhere to the following guidelines: (Note:All comments are recorded): Come forward to the speaker's podium and state your name and magisterial district (if you have an unusual spelling for your name,please spell it for the recorder); Do not speak from your seat or out of tum, Address comments directly to the Board as a whole, State your position and give facts and other data to back it up; If you represent a group or organization,you may ask others present to rise and be recognized; Back-and-forth debate is prohibited; The Board usually listens to all speakers before responding to questions asked on issues raised, Give written statements and other supporting material to the Clerk (written comments are also welcome if you do not wish to speak); The Chair may ask speakers to form a line in the interest of time; Please hold all applause and other forms of approval or disapproval,as a courtesy to each speaker, Please turn off all pagers and cellular telephones Clerk, Board of County Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 Albemarle County Page 5 Printed on 2/2/2017 COUNTY OF ALBEMARLE TRANSMITTAL TO THE BOARD OF SUPERVISORS SUMMARY OF PLANNING COMMISSION ACTION AGENDA TITLE: AGENDA DATE: ZMA201600015 Oakleigh February 8,2017 SUBJECT/PROPOSAL/REQUEST: STAFF CONTACT(S): Amend existing Application Plan, Code of Andrew Gast-Bray, Elaine Echols,J.T Newberry Development and Proffers to permit construction of a 140 bed assisted living facility on the rear half of PRESENTER(S): the site or to develop according to the existing J.T. Newberry, Elaine Echols approved Application Plan(ZMA20070004)with a revised Code of Development and Proffers. BACKGROUND: At their meeting on December 6,2016,the Planning Commission voted 7:0 to recommend approval of ZMA201600015 subject to revisions requested by both staff and the Commission. DISCUSSION: Following the Commission meeting,the applicant made the revisions recommended by staff and the Commission with two exceptions,which are described below. The existing(2007)affordable housing proffer provided for 15%affordable housing in the form of cash and units with at least half of those units to be constructed.The proposed(2017)proffers continue to provide for 15%affordable housing, but the owner could satisfy the proffer by providing cash-in-lieu of all affordable units.While this scenario was recommended by the Housing Director,the Planning Commission disagreed and recommended retaining the proffer for half of the units to be constructed.The applicant opted to follow the recommendation of the Housing Director. With the(2017)proposed changes to cash proffers for impacts to public facilities,the applicant is also seeking credit for the number of by-right lots that could have been constructed under the R-6 zoning which existed prior to approval of ZMA200700004.At the time of that rezoning,the cash proffer policy would have allowed credit for only a minimal increase in density.The applicant notes that since 2011 the Board has allowed credit for all units that could have been constructed under existing zoning. However, staff believes there is a distinction between this request and the other projects approved since 2011 because those examples were credited anywhere from 12%-26%of the project's full potential.This proposal would be asking for credit for just under half of the total units possible under the new zoning. Attachment D summarizes the changes made by the applicant and provides a justification for submitting a revised proffer statement that does not align with the recommendation from the Planning Commission.The revised proffers are shown in Attachment E.The Planning Commission's action letter, staff report and minutes from the December 6th meeting are also attached. RECOMMENDATION: Staff recommends that the Board adopt the resolution to deny ZMA201600015 because the application has not been revised in keeping with the recommendations provided by the Planning Commission. ATTACHMENTS: ~ cash :v<s " A—Planning Commission action letter �"� � ttis � �� 4� B—Planning Commission staff report pro{-eves d(o rusk junxow, c cJ vs s C—Planning Commission minutes 1 10 Gt-4o-e4.4X(c, 1,t0,u;...A 4 D—Resubmittal Memo dated December 19,2016 `J E—Proffer Statement dated December 19,2016 co,,act 4;.,.,.t w.,.J (i it. F—Resolution P('cu.....�-s �a.vc bum. -1-r y :n �o s 4fl.� �J C.o-►14-c,4- a,-.: y P� o ) s V J NMeat4r, F4.c- t, :c5 0c I c s - Mt_ Fn..t.., C`R ik*awc 4 — May Et1r+ Goo t Ic+4 5 :r 39444 DMA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,North Wing Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 January 27,2017 CORRECTED:January 31,2017(as shown in bold below) Edwards Design Studio do Steve Edwards 4936 Old Boonsboro Road Lynchburg,VA 24502 RE: ZMA201600015 Oakleigh Dear Mr.Edwards, The Albemarle County Planning Commission,at its meeting on December 6,2016,took the following actions on the above noted petition to make their recommendation to the Board of Supervisors: • By a vote of 7:0,recommend approval of ZMA-2016-15 Oakleigh,Scenario A,with the exception that reduced cash proffers and modified proffers for affordable housing not be accepted;that the proffer for enhanced erosion and sediment control be retained;that"department store","fast food restaurants","indoor theaters", and"outdoor amphitheater"uses not be approved for inclusion in the Code of Development;that a location for potential emergency access through the Berkeley Subdivision be removed from the Application Plan,that the possibility for a shared emergency access with the adjoining property owner,Medical Facilities of America,is verified and other minor technical changes requested by staff before the Board of Supervisors meeting. • By a vote of 7:0,recommend approval of ZMA-2016-15 Oakleigh,Scenario B,with the exception that reduced cash proffers and modified proffers for affordable housing not be accepted;with the revised Code of Development(except those four uses recommended for exclusion in the prior motion for Scenario A also are recommended for exclusion under Scenario B);that the Code set a minimum number of residential units of 53 units in order to be consistent with the Comprehensive Plan and other minor technical changes requested by staff before the Board of Supervisors meeting. If you should have any questions or comments regarding the above noted action,please do not hesitate to contact me at (434)296-5832,ext.3270. Sincerely, Y\stiwtizAX J.T.Newberry Senior Planner Planning Division CC: Oakleigh Albemarle LLC 690 Berkmar Circle Charlottesville VA 22901 ORDINANCE NO. 17-A(5) ZMA 2016-00015 OAKLEIGH AN ORDINANCE TO AMEND THE APPLICATION PLAN, CODE OF DEVELOPMENT,AND PROFFERS APPROVED WITH ZMA 2016-00015 FOR TAX MAP PARCEL NUMBER 04500-00-00-026A0 WHEREAS,the application to amend the application plan,code of development,and proffers that were approved with ZMA 2007-00004 for Tax Map Parcel Number 04500-00-00-026A0(the"Property")is identified as ZMA 2016-00015,Oakleigh("ZMA 2016-15");and WHEREAS,ZMA 2016-15 proposes to amend the application plan,code of development,and proffers that were approved with ZMA 2007-00004 to permit the construction of a 140-bed assisted living facility on the rear half of the site and to revise the uses permitted on the Property,or to develop according to the existing application plan with a revised code of development to revise the uses permitted on the Property;and WHEREAS,staff recommended approval of ZMA 2016-15 provided that revisions were made to the application plan and the proffers;and WHEREAS,the Planning Commission held a duly noticed public hearing on ZMA 2016-15 on December 6, 2016,and recommended approval,conditioned on the applicant making the staff-recommended revisions;and WHEREAS,subsequent to the Planning Commission public hearing,the applicant made all of the recommended revisions to the application plan,and all but two of the recommended revisions to the proffers,and provided written justification for those two unrevised items on December 19,2016;and WHEREAS,on February 8,2017,the Albemarle County Board of Supervisors held a duly noticed public hearing on ZMA 2016-15. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle,Virginia,that upon consideration of the staff report prepared for ZMA 2016-15 and its attachments,including the application plan and code of development dated June 30,2016 and last revised on December 16,2016,and the proffers dated January 30, 2017,the information presented at the public hearing,the material and relevant factors in County Code§ 18-33.6, Virginia Code§ 15.2-2284,and for the purposes of public necessity,convenience,general welfare and good zoning practices,the Board hereby approves ZMA 2016-15,with the application plan and code of development dated June 30,2016 and last revised on December 16,2016,and the proffers dated January 30,2017. I,Claudette K.Borgersen,do hereby certify that the foregoing writing is a true,correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County,Virginia,by a vote of to ,as recorded below, at a regular meeting held on Clerk,Board of County Supervisors Aye Nay Mr. Dill _ Ms.Mallek Ms.McKeel Ms.Palmer Mr. Randolph Mr. Sheffield