The URL can be used to link to this page

Home My WebLink AboutZMA200700004 Review Comments 2007-12-05COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: co 06.21 Kansa Sigma International Headquarters December 124 40, 2007 °^°nn^n ^,n`ZMA 2007 — 004 Oakleigh FarmSP ^.26 6reaet Staiiea ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Request to rezone, 8.82 acres from R-6, residential —ACTION: INFORMATION: to Neighborhood Model District in order to provide 109 dwelling units and up to 28,800 square feet of ATTACHMENTS: YES commercial spacee�'�eside„ttl�,,se4n a -G to the northeast cornerof the s'te Request to modifi. `cgac�`-`v-'rrvvny CR 0`Z 91 /resenfinLffe gFas�.I hal' ...ar. . g an.t ndude future improvements, s Ush as POGROG pavilions, rnaintenanre building and PeGreatffiGna4 STAFF CONTACT(S): Cilimberg, Echols, Grant LEGAL REVIEW: NO BACKGROUND: On DesennOctober 54630, 20076, the Planning Commission held a public hearing on the Oakleigh Farm Orezet rezoning -request. Staff and Tthe Commission recommended denial of the rezoning request by a vote of 57:40 for the following reasons (See Attachment 1): for_ approval forf nt %NA-Uld he ahle to .. erk n, .t all of the e..MMn.t�ne s hefere the Qear.t �„ n ` 1�� standard cash Droffer or 1. Timing of payment for affordable units. 2. Provision of an easement to the adjoining property. 3. Correct wording problems in the proffers. 4. Correct the Code of Development as reauested by staff. 5. Impacts on public facilities: and DISCUSSION: On November 16, 2007, the applicant submitted new proffers, code of development and application plan in an attempt to address outstanding issues noted by staff and the Planning Commission. Staff reviewed this submittal and provided comments on the proffers to the applicant on November 30, 2007. However, staff cannot verify the status of the outstanding issues, as Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Bullets and Numbering Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Black Formatted: Underline Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25' + Tab after: 0.5' + Indent at: 0.5' Formatted: Bullets and Numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25' + Tab after: 0.5"+ Indent at: 0.5' Formatted: Font: 10 pt Formatted: Font: 10 pt signed proffers were not submitted on December 3 in accord with the Board's policy. As of staff's comments to the applicant on November 30, 2007, the status of the outstanding issues was as follows: C'n o the flan mhor G Planning Commissionoo4'nn the onnl'nan4 The applicant has responded with revised proffers that provide affordable housina dwellina units equal to at least seven and one-half percent (7.5%) of the total residential dwelling units within the project. In order to reach the 15% affordable requirement, the other 7.5% would be paid in a cash contribution equivalent to ($19,100) for each unit. This proffer language is confusing. More specifically, timing of payment for affordable units is inconsistent. Timing of payment to the County is described in one section of the proffer as prior to obtaining a certificate of occupancy for the unit (s). There are other sections of this proffer that should describe timing of payment that do not. 2. provision of an easement to the adjoining property. reaardina easements for access. landscaping and gradin-g/construction. Staffdoes not have an executed agreement vet, but understands the applicant is working on this. footage that would be available in the development (14,400 square feet) the site; however, page 26 of the Code of Development describes a non-residential gross square -footage (est) range of 7,200 — 28,800 with a note that explains the non-residential qsf of no more than 14,400 qsf can be used for retail uses. This issue is addressed. 5. Correcting the Code of Development as requested by staff. of the standard cash proffer, contributing cash to the County in the amount of $17,500 for each single family detached dwelling unit and $11,900 for each single family attached dwelling unit constructed within the property that is not an affordable dwellina unit. The applicant is also providing condominiums which would be considered apartment units. Apartment units cash proffers are not provided. 7. The provision of a buffer along the common property line with Heritage Hall had not been provided. The applicant agreed to try to make contact with Heritage Hall representatives in Roanoke. Staff has not received any new information regarding this issue. 8. The lack of affordable units to be physically located in the project., on site. In order to meet the 15% affordable housing requirement, the applicant has also agreed to provide cash in lieu of for 7.5% of the affordable units. The Director of Housinq finds this acceptable; however, the Planninq Commission requested the affordable units be physically provided within the project. 9. ARB comments need to be addressed. The applicant has made revisions to the tree preservation proffer that address staff concerns; however, for clarification purposes staff makes the followinq request; The revised proffer extends the bonding period to 5 years and starts the bonding period upon issuance of the first residential building permit. The applicant has explained that this represents the point at which the vast majority of the site work will be completed. Because site work can continue beyond this time, and because building construction can also impact trees to remain, this starting point seems too early. The trees would be best protected by a bonding period that starts with the issuance of the last Certificate of Occupancy. In addition, page 43 of the Code of Development (top of page, letter "e") indicates that the `Arborist shall conduct regular Integrated Plant Management (IPM) visits during the growing season for 3 to 5 years to inspect for insect, disease, nutrient or environmental problems." The arborist's time period should correspond to the bonding period, so that a professional arborist monitors the trees in question throughout the period of potential impact. Staff has approved a parking modification request for this project. A Formatted: Font: 10 pt Formatted: Bullets and Numbering Formatted: Indent: Left: 0.75" Formatted: Font: 10 pt, Bold, Italic , Formatted: Font: 10 pt Formatted: Bullets and Numbering �, Formatted: Indent: Left: 0.75" i Formatted: Font: 10 pt, Bald, Italic Formatted: Font: 10 pt Formatted: Bullets and Numbering Formatted: Font: 10 pt Formatted: Indent: Left: 0.75" Formatted: Font: 10 pt, Bold, Italic Formatted: Bullets and Numbering Formatted: Font: 10 pt Formatted: Indent: Left: 0.25" Formatted: Font: 10 pt, Bald, Italic Formatted: Font: 10 Dt Formatted: Indent: Left: 0.25", First line: 0", Tab stops: 0.81", Left + Not at 1" J Formatted: Bullets and Numbering Formatted: Font: Bald, Italic Formatted: Indent: Left: 0.75" Formatted: Font: Bald, Italic Formatted: Font: 10 pt Formatted: Indent: Left: 0.25", Hanging: 0.5", Space Before: 0 pt, After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 1" + Indent at: 1", Tab stops: -1", Left + 0.75", List tab + Not at 1" + 1.5" + 2" + 2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5" + 6" Formatted: Bullets and Numbering Formatted: Font color: Black Formatted: Font: Bold, Italic Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 1" + Indent at: 1", Tab stops: 0.75", List tab + Not at 1" Formatted: Bullets and Numbering Formatted: Font color: Black Formatted: Bullets and Numbering Formatted: Indent: Left: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 1" + Indent at: 1", Tab stops: 0.31", Left Formatted: Bullets and Numbering Formatted RECOMMENDATIONS: Staff and Tthe Planning Commission recommended denial of the rezoning request. While the applicant has attempted to address the outstanding issues noted by staff and the Planning Commission and staff reviewed the applicant's new submittal and provided comments, the applicant failed to submit signed proffers in accord with Board policy on December 3, 2007. Therefore, staff recommends the Board defer action on this rezoning. Furthermore, as the Commission has not had the opportunity to review the information submitted after its action, staff cannot verify that the reasons for the Commission's recommendation have been fully addressed without this application being referred back to the Planning Commission. Formatted: Font: (Default) Arial, 10 pt, Not Bold Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5", Tab stops: 0", List tab Formatted: Bullets and Numbering Formatted: Font: (Default) Arial, 10 pt Formatted: Indent: Left: 0.25" Formatted: Font: (Default) Arial, 10 pt, Not Bold Formatted: Font: (Default) Arial, 10 pt Formatted: Bullets and Numbering Formatted: Font: (Default) Arial, 10 pt, Not Bold Formatted: Indent: Left: 0.75" Formatted: Font: (Default) Arial, 10 pt Formatted: Bullets and Numbering Formatted: Indent: Left: 0.75" Formatted: Font: (Default) Arial, 10 pt, Not Bold Formatted: Indent: Left: 0.25" Formatted: Font: (Default) Arial, 10 pt Formatted: Bullets and Numbering Formatted: Font: (Default) Arial, 10 pt, Not Bold Formatted: Bullets and Numbering Formatted: Font: (Default) Arial, 10 pt Formatted: Font: (Default) Arial, 10 pt Formatted: Indent: Left: 0.25" Formatted: Font: (Default) Arial, 10 pt, Not Bold Formatted: Font: (Default) Arial, 10 pt Formatted: Bullets and Numbering Formatted: Indent: Left: 0.25" Formatted: Font: (Default) Arial, 10 pt Formatted: Bullets and Numbering Formatted: Font: (Default) Arial, 10 pt Formatted: Bullets and Numbering Formatted: Font: (Default) Arial, 10 pt, Not Bold Formatted: Bullets and Numbering Formatted: Font: (Default) Arial, 10 pt, Not Bold Formatted: Bullets and Numbering Formatted: Font: (Default) Arial, 10 pt 5,2006 ILLUSTRATION & Application Plan,. dated April 30, 2007, revised November 16, 2007 Attachment III: Proffers, dated November 16, 2007