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HomeMy WebLinkAboutZMA200700004 Correspondence Zoning Map Amendment 2007-12-06pF AL �'IRG1�tA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 TO: Board of Supervisors FROM: Claudette Grant, Senior Planner DATE: December 6, 2007 RE: ZMA 2007-004 Oakleigh Farm Attached to this memo are revised, signed proffers and revisions for the code of development. This information was received on Wednesday, December 5, 2007, two days after the Monday December 3, 2007 deadline per the Board policy. This new information has not been reviewed by staff. It is provided as information to the Board. If you have any questions, please call me at 296-5832, ext. 3250 or email me at cgrantgalbemarle.org . CC: Oakleigh Albemarle LLC 690 Berkmar Cir Charlottesville, VA 22901 File pF AL �'IRG1�tA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 November 8, 2007 Terra Concepts c/o Steve Edwards 224 Court Square Charlottesville, VA 22902 RE: ZMA2007-00004 Oakleigh Farm (Sign # 62) Tax Map 45, Parcel 26A Dear Mr. Edwards: On October 30, 2007, the Albemarle County Planning Commission approved a motion to recommend denial by a vote of 7:0, of the above -noted petition to the Board of Supervisors. This recommendation of denial was based on the following staff recommendations: 1. Impacts on public facilities are not appropriately offset through proffers meeting the County's cash proffer policy or the provision of public improvements. 2. The provision of a buffer along the common property line with Heritage Hall had not been provided 3. The lack of affordable units to be physically located in the project. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on December 12, 2007. It is the Board of Supervisor's preference that a public hearing not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. Therefore any new or additional information regarding your application, including final proffers if applicable, must be submitted to our office at least twenty-three (23) days prior to your scheduled hearing date, which is November 19, 2007. Please review the attached proffer policy established by the Board of Supervisors on December 7, 2005. 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, Claudette Grant Planner Planning Division cc: Oakleigh Albemarle LLC 690 Berkmar Circle Charlottesville Va 22901 Albemarle County Planning Commission October 30, 2007 The Albemarle County Planning Commission held a work session, meeting and a public hearing on Tuesday, October 30, 2007, at 4:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Calvin Morris, Vice -Chairman; Marcia Joseph, Chairman; Duane Zobrist, Bill Edgerton; Jon Cannon; Bill Edgerton and Pete Craddock. Bill Edgerton arrived at 4:10 p.m. Absent were Eric Strucko and Julia Monteith, AICP, Senior Land Use Planner for the University of Virginia. Other officials present were Rebecca Ragsdale, Senior Planner; David Benish, Chief of Planning; Wayne Cilimberg, Director of Planning; Amelia McCulley, Director of Current Development & Zoning; Bill Fritz, Chief of Current Development and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Ms. Joseph called the meeting to order at 4:04 p.m. and established a quorum. Work Session: Crozet Downtown Zoning A review and discussion of the Crozet Downtown Zoning project, with a focused discussion on a recommendation for a single Downtown Crozet Zoning District and the zoning regulations to be established for that district, including building setbacks, building height, land uses, the requirement for mixed use, parking requirements, sidewalks, landscaping, buffer/screening requirements. (Rebecca Ragsdale) In summary, the Planning Commission held the third work session on Crozet Downtown Zoning. The primary purpose of the work session was to focus on the actual zoning regulations. The slide show presented by staff reviewed the following zoning requirements: building and parking setbacks, building height, parking, land uses, the requirement for mixed use, sidewalks, landscaping and buffer/screening requirements. The Commission discussed the zoning requirements, made comments and provided feedback and answered the questions posed by staff. Public comment was taken. No formal action was taken. An additional work session will be scheduled in the future to discuss implementation and a possible comprehensive zoning map amendment initiated by the County The Planning Commission made the following comments: The proposal for shared parking through use of trading agreements should be modified. The goal is to make shared parking easier to achieve; however, if an owner loses parking spaces as a result of a change in an agreement, both the owner and the County need to be protected. It was agreed, however, that the viability of the businesses and mixed use over time will rely heavily on the adequacy of parking. Since the proposed regulations require fewer spaces than under current ordinances, the Commission asked staff to address any potential problems due to the lack of parking for the downtown area. The Planning Commission suggested that the minimum number of parking spaces for 2 -bedroom residential uses should be 2.0 instead of 2.5 and that staff should look at the minimum number of spaces for other uses to see if they can be further reduced. Regarding the land uses, the main goal is to allow flexibility to achieve the mixed use. The proposed regulations from the consultant would require that each building have a mixture of uses. Members of the public were concerned that requiring all buildings to have mixed use would be too onerous. Planning Commissioners were concerned that commercial and residential uses might not be achieved in the downtown without some requirements. ALBEMARLE COUNTY PLANNING COMMISSION — OCTOBER 30, 2007 DRAFT ACTION MEMO SUBMITTED TO PLANNING COMMISSION The Planning Commission asked staff to pursue other exemptions or incentives for mixed use, such as the tiered approach as suggested by staff. The Planning Commission was receptive to looking at the tier approach and other possibilities to encourage mixed use and allow additional flexibility for businesses in Downtown. The recommended 1,000 sq ft maximum average for residential units needs some work and substantiation that this is the appropriate size. Staff was requested to work on this issue and provide additional information to the Commission. The buffer regulations for parking areas need to be reviewed to ensure the safety of the public, so that cars are screened but parking areas still visible. It was questioned whether the proposed 1' setback, which was measured from the back of the curb, would present problems particularly if there were road improvements. It was questioned if ARB feedback has been solicited. - Staff has met with the design planner, but not the ARB. This would be something that would allow closer setback and would require adaption to ARB guidelines. As suggested by staff, the Commission will set the vision for the area before taking it to the ARB. Several Commissioners had problems with allowing buildings of more than 2 to 3 stories, primarily due to concerns about loss of views. It was acknowledged that some economic considerations in establishing business districts were related to the number of stories allowed. Staff noted that while some community members voiced concerns about loss of views, that the majority of the community had accepted the recommendation of a 2 story minimum and 4 story maximum, with the opportunity for special use permits for up to 6 stories or 1 story. It was the consensus of the Commission that 2 to 4 stories would be acceptable since it has been part of the community's feeling and within the guidelines of the Crozet Master Plan. The following public comment was taken: Cliff Fox voiced concerns about the mixed use requirement. They should try to relax the restrictions in a constructive way so that this is a viable thing that can occur over time. There is a need to allow flexibility and not more restrictions. Sandy Wilcox, President of the Downtown Crozet Association (DCA), addressed the following concerns of his group: o The Downtown Association is not in support of the proposed mixed use requirements and the average residential unit size. o Incentives need to be provided to encourage mixed use. o There were concerns with the parking regulations as proposed. If have grandfathered uses that don't have allocated parking and impose a new restriction for new businesses to submit a written parking easement it will present problems. Other alternatives need to be found such as the adjoining church could pave their parking lot and rent out spaces to adjacent businesses. There are potential problems with trading and sharing parking that need to be addressed. Mr. Marshall asked that the restrictions and message not be too complicated for the downtown area, with the result being that developers and builders would not understand the rules. He encouraged the Commission to move forward and not spend too much time imagining every potential future situation. The Commission has the ability to make additional changes in the future if it is found to be necessary. Staff will follow up on how to approach the next steps. There will be a separate work session on the implementation and further discussion on the rezoning. Topics for the next work session include: Follow- up on the parking trading agreements, requirement for mixed use and average residential unit size and a discussion on implementation of zoning changes, including a possible comprehensive zoning map amendment initiated by the County. The Planning Commission took a break at 5:27 p.m. The meeting reconvened at 6:02 p.m. ALBEMARLE COUNTY PLANNING COMMISSION — OCTOBER 30, 2007 DRAFT ACTION MEMO SUBMITTED TO PLANNING COMMISSION The Albemarle County Planning Commission held a work session, meeting and a public hearing on Tuesday, October 30, 2007, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Calvin Morris, Vice -Chairman; Marcia Joseph, Chairman; Duane Zobrist, Bill Edgerton; Jon Cannon, Eric Strucko and Pete Craddock. Julia Monteith, AICP, Senior Land Use Planner for the University of Virginia was absent. Other officials present were David E. Pennock, Senior Planner; Wayne Cilimberg, Director of Planning; Greg Kamptner, Deputy County Attorney; Claudette Grant, Senior Planner; John Shepherd, Chief of Current Development; Rebecca Ragsdale, Senior Planner and Elaine Echols, Principal Planner. Call to Order and Establish Quorum: Ms. Joseph called the meeting to order at 6:02 p.m. Other Matters Not Listed on the Agenda from the Public: John Marston, a resident of Free Union, asked to speak briefly about water. He suggested that a new relationship should be encouraged for the County and Planning Commission with the Service Authority. With the change in times the County needs to become more involved with water issues. In August, the DEQ issued a draft permit to Rivanna. On September 27 of this year Rivanna submitted 6 pages of objections to the draft permit. It is unlikely that the permit will be issued in 2007. The Water Supply Plan approved in 2006 has changed from the plan presented to the public. Rivanna has taken the position that they can't build the Ragged Mountain Reservoir at the same time they construct the pipeline from the South Fork to the Ragged Mountain Reservoir. He urged the County to push forward to have this work for the pipeline from the South Fork to the Ragged Mountain Reservoir to be done as soon as possible and not be put off until 2021. With the new development being approved he felt that this pipeline needs to be done sooner than the anticipated 14 years to improve the water situation in the County. Consent Agenda: APPROVAL OF MINUTES: June 19, 2007and September 11, 2007 Ms. Joseph asked if any Commissioner wanted to pull an item off of the consent agenda. Motion: Mr. Edgerton moved, Mr. Morris seconded for approval of the consent agenda. The motion passed by a vote of 7:0. Regular Items: SUB -2007-00293 Ross and Kimberly Cottrill — Preliminary Request for preliminary plat approval to create three (3) lots on approximately 75 acres zoned Rural Areas using the Rural Preservation Development option. As part of the Rural Preservation Development, the applicant also requests a waiver of Section 14-404 of the Subdivision Ordinance in order to access the preservation tract via an access separate from the access to the two development lots. The property, described as Tax Map 95, Parcel 5, is located in the Scottsville Magisterial District on Moriah Way [Rte #1053] approximately 0.3 miles from its intersection with Black Cat Road [Route #616]. The Comprehensive Plan designates this property as Rural Areas in Rural Area 2. (David Pennock) Motion: Mr. Strucko moved, Mr. Zobrist seconded, for approval of SUB -2007-00293, Ross and Kimberly Cottrill — Preliminary Subdivision Plat and the waiver from Section 14-404 of the Albemarle County Code with the conditions recommended in the staff report. 1. VDOT approval required for all public roads and entrances. 2. Health Department approval required for drainfields on the development lots. ALBEMARLE COUNTY PLANNING COMMISSION — OCTOBER 30, 2007 3 DRAFT ACTION MEMO SUBMITTED TO PLANNING COMMISSION 3. Public Recreational Facilities Authority acceptance of easement for preservation lot is required. The motion for approval passed by a vote of 7:0. Ms. Joseph stated that SUB -2007-00293, Ross and Kimberly Cottrill — Preliminary was approved. Public Hearing Items: ZMA-2006-00016 Glenmore Leake (Sign # 31, 32, 44, 69) - Back on the schedule due to advertising error PROPOSAL: Rezone 110.94 acres from RA - Rural Area zoning district which allows agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) to PRD - Planned Residential District - residential (3 - 34 units/acre) with limited commercial uses to allow for 110 dwelling units. This proposal is an expansion of the Glenmore PRD and does not include commercial uses. Proposed density is approx. 1 unit/acre. PROFFERS: Yes EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Neighborhood Density Residential - residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small- scale non-residential uses. ENTRANCE CORRIDOR: No LOCATION: 1.25 miles south of the intersection of Route 250 East and Hacktown Road, North of the Rivanna River, west of Carroll Creek, and east of the Development Area boundary. TAX MAP/PARCEL: Tax Map 93 Parcels A11-1 and A5-1, Tax Map 94 Parcel 74 and portions of Tax Map 94 Parcels 15, 16, 16A MAGISTERIAL DISTRICT: Scottsville (Elaine Echols) MOTION: Mr. Craddock moved, Mr. Zobrist seconded for approval of ZMA-2006-00016, Glenmore Leake, for 110 dwelling units subject to the following conditions being met before Board action: The applicant shall meet the Board's cash proffer and affordable housing expectations for 110 residential units. The plan shall be amended to show a complete pedestrian connection along Farringdon, Carroll Creek Road and Piper Way. The applicant shall coordinate asphalt pathway locations so that they are placed on the same side of the street as a majority of the residences; The motion failed by a vote of 5:2. (Mr. Morris and Mr. Zobrist voted aye.) (Mr. Craddock, Mr. Strucko, Mr. Cannon, Ms. Joseph and Mr. Edgerton voted nay.) Ms. Joseph said that ZMA-2006-00016, Glenmore Leake would go to the Board of Supervisors on November 14, 2007 with a recommendation for denial based on the applicant's failure to address the conditions recommended at the August 21, 2007 meeting. ZMA-2007-00014 Liberty Hall Amendment (Sign # 36, 39) PROPOSAL: Rezone 8.01 acres from NMD Neighborhood Model District - residential (3 - 34 units/acre) mixed with commercial, service and industrial uses) to NMD Neighborhood Model District - residential (3 - 34 units/acre) mixed with commercial, service and industrial uses to amend the proffers to allow for for - lease affordable housing for approved units. No additional dwelling units are proposed. PROFFERS: Yes EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Crozet Master Plan designates the property CT3 Urban Edge: single family residential (net 3.5-6.5 units/acre) supporting uses such as religious institutions and schools and other small-scale non-residential uses, and CT4 Urban General: residential (net 4.5 units/acre single family, net 12 units/acre townhouses/apartments, net 18 units/acre mixed use) with supporting uses such as religious institutions and schools and mixed uses including retail/office ENTRANCE CORRIDOR: Yes ALBEMARLE COUNTY PLANNING COMMISSION — OCTOBER 30, 2007 4 DRAFT ACTION MEMO SUBMITTED TO PLANNING COMMISSION LOCATION: Tax Map 56, Parcels 97A, 97A1, and 97 (only a .833 acre southwest portion of the property as shown on the General Development Plan) along Radford Lane near its intersection with Rockfish Gap Turnpike (Rt. 250 W) MAGISTERIAL DISTRICT: White Hall (Rebecca Ragsdale) Ms. Long, representative for the applicant Weatherhill Development, said that staff summed up all of the issues very well. It was essentially a technical amendment to the proffers to provide additional flexibility for the affordable housing to be for rent units in addition to for sale units and also to expand the types of units that could be provided as affordable units. Ms. Joseph asked that they expand the affordable housing proffer so that it includes the option to offer cash in the event that the County prefers cash to a housing unit at the time of site plan approval because a potential buyer has not been found. Ms. Long replied in the affirmative. Action on ZMA-2007-00014: Motion: Mr. Strucko moved, Mr. Morris seconded, for approval of ZMA-2007-00014, Liberty Hall Amendment, as amended, to include the additional proffer language offered by Ms. Long. The motion passed by a vote of 7:0. Ms. Joseph stated that ZMA-2007-00014, Liberty Hall Amendment will go before the Board of Supervisors with a recommendation for approval on December 12, 2007. ZMA-2007-00004 Oakleigh Farm (Sign # 62) PROPOSAL: Rezone 8.82 acres from R-6 zoning district which allows residential uses and 6 units/acre to NMD - Neighborhood Model zoning district which allows residential mixed with commercial, service and industrial uses and 3 - 34 units/acre. Proposed number of units is 109 for a density of 12.3 units/acre. PROFFERS: Yes EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Urban Density Residential - residential 6.01-34 units/acre) and supporting uses such as religious institutions, schools, commercial, office and service uses. Neighborhood 1 ENTRANCE CORRIDOR: Yes LOCATION: 547 Rio Road West (Route 631) directly across the street from Woodburn Road (Route 659) TAX MAP/PARCEL: TM: 45/P: 26A MAGISTERIAL DISTRICT: Rio (Claudette Grant) Motion: Mr. Craddock moved, Mr. Zobrist seconded, for denial of ZMA-2007-00004, Oakleigh Farm, as recommended by staff for the reasons stated in the staff report as unfavorable conditions. Discussion: Staff noted to the Commission that the applicant had agreed to address the following items that had been identified in the staff report: 1. Timing of payment for affordable units. 2. Provision of an easement to the adjoining property. 3. Making the proffers and Code of Development consistent with regards to limitations on the amount of retail square footage that would be available in the development (14,400 square feet) 4. Correcting wording problems in the proffers. 5. Correcting the Code of Development as requested by staff. ALBEMARLE COUNTY PLANNING COMMISSION — OCTOBER 30, 2007 5 DRAFT ACTION MEMO SUBMITTED TO PLANNING COMMISSION The Commission agreed that the applicant had appropriately addressed the issues related to pedestrian access to Berkeley by contacting the adjoining owners. Regarding the recommendation for denial, Mr. Cilimberg asked if it was based on the unfavorable factors identified by staff that had not been committed to by the applicant. There were some things that the applicant said at tonight's meeting that they would address. In addition, he asked if the Commission's recommendation was also based on the lack of a provision of affordable units physically located in the project. Mr. Zobrist asked that Mr. Strucko's concern be added about the fact that there is no policy in place for protecting the rural areas as opposed to the development areas. He does not want to overload the development areas until there is a current policy to protect the rural areas. Mr. Strucko agreed, but questioned if that was part of the motion or the sediment of the other Commissioners. Mr. Cannon noted that he felt the same way, but it was not part of his vote on this. The Commission agreed with Mr. Cilimberg's summary. The motion for denial passed by a vote of 7:0. Ms. Joseph stated that ZMA-2007-0004, Oakleigh Farm will go before the Board of Supervisors with a recommendation for denial on December 12, 2007. The recommendation for denial was based on the following reasons: 1. Impacts on public facilities are not appropriately offset through proffers meeting the County's cash proffer policy or the provision of public improvements. 2. The provision of a buffer along the common property line with Heritage Hall had not been provided 3. The lack of affordable units to be physically located in the project. The Planning Commission took a 10 minute break at 7:26 p.m. The meeting reconvened at 7:37 p.m. Work Sessions: ZMA-2007-00016 Watkins 250 Rezoning PROPOSAL: Rezone 3.0 acres from R1 - Residential (1 unit/acre) to HC Highway Commercial which allows commercial and service uses; and residential use by special use permit (15 units/ acre) for a Landscape Contracting business PROFFERS: No EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Community of Crozet; CT -3 Urban Edge: single family residential (net 3.5-6.5 units/acre) supporting uses such as religious institutions and schools and other small-scale non-residential uses ENTRANCE CORRIDOR: Yes LOCATION: 5168 Rockfish Gap Turnpike/Route 250 West, east of Radford Lane & adjacent to Clover Lawn TAX MAP/PARCEL: Tax Map 56, Parcels 107C & 98D MAGISTERIAL DISTRICT: White Hall (Rebecca Ragsdale) In summary, a work session on ZMA-2007-00016, Watkins 250 Rezoning was held by the Planning Commission. In a power point presentation, staff summarized and provided an overview of the ALBEMARLE COUNTY PLANNING COMMISSION — OCTOBER 30, 2007 6 DRAFT ACTION MEMO SUBMITTED TO PLANNING COMMISSION applicant's proposal. The Commission reviewed and discussed the proposal, answered the questions posed by staff and made comments and suggestions. The applicant made a power point presentation and addressed the following issues: Taper vs. turn lane; Fence vs cedars; Connection to old 250 and Water and sewer hookup. Public comment was taken. No formal action was taken. Public comment was received from the following persons: Anita Jacobson, an adjoining property owner, noted concerns about the large amount of commercial businesses on adjacent properties. She looks out of her guest room onto the house next door that is being requested to be rezoned for this use. She objected to more commercial property in the immediate area. Unfortunately she was only one of the other 18 home owners present to make that objection. She talked with some of the others and they also object. She asked that this property not be rezoned and be left the way it is. Scott Peyton, life long resident of western Albemarle and member of Scenic 250, said that he was deeply sympathetic to Mr. Watkins personal and professional needs. The county needs to step up to the plate and assist him. But, he was opposed to the proposed rezoning because of the visual and traffic impacts on Route 250. The Planning Commission reviewed and discussed the questions posed by staff and provided the following comments. 1. Is the proposed use appropriate at this location? What additional uses, if any, should be permitted? (Specific Use - Landscape Service — Home Business) The Planning Commission was split on the issue of whether the use is appropriate for a landscape service — home business on this site. Four Commissioners (Mr. Craddock, Mr. Edgerton, Mr. Morris and Mr. Cannon) recommended that that the applicant proceed with the review process and further refine their concept, particularly as it relates to buffering along Rt. 250 and adjacent to the Rural Area and residential uses in Clover Lawn. They also indicated they would want to see the allowable uses under the proposed zoning be restricted to only the use they seek. Traffic impacts were also noted as a concern by the Commission. Three Commissioners (Ms. Joseph, Mr. Zobrist and Mr. Strucko) disagreed with the concept. 2. Should the applicant be required to connect to public water and sewer? The Planning Commission was very concerned about the public water and sewer issue, but could not provide an answer about connecting to public sewer until staff provides additional information. It was noted that a special use permit would be required if they use more than 400 gallons per site acre per day. This is something that needs to be taken into consideration. The policy is if property is in the development area it should be on public water and sewer. The applicant may choose to use well water for watering landscape material. The cost of hook up fees to public utilities could be a consideration. The applicant did not know the current amount of water his business used daily. The Commission noted that additional information was needed before a decision could be made on this issue. The Planning Commission expressed the following additional comments and concerns: A suggestion was made that this use should be allowed in the Rural Area. Concerns were expressed about the traffic impact; interconnection; number of truck deliveries on site, particularly when talking about 18 wheelers and concerns about preservation along Route 250. Some Commissioners felt that the buffer as shown on the master plan would be greatly improved with what has been proposed. ALBEMARLE COUNTY PLANNING COMMISSION — OCTOBER 30, 2007 7 DRAFT ACTION MEMO SUBMITTED TO PLANNING COMMISSION As far as the nursery use it may be a good transition from rural areas to commercial area. Old Business Ms. Joseph asked if there was any old business. There will be no Planning Commission meeting next week, November 6, as it is Election Day. The appeal before BZA for Rio Trucking is on November 13 with Ms. Joseph arguing the case. She asked for assistance from other Commissioners. Staff pointed out that the Rural Area Comp Plan implementation priorities do include a look at uses in the rural area. This item will likely be delayed due to the frozen positions in Planning, but ultimately will be pursued. There being no further old business, the meeting proceeded. New Business Ms Joseph asked if there was any new business. There being none, the meeting proceeded. Adjournment With no further items, the meeting adjourned at 9:08 p.m. to the Tuesday, November 13, 2007 meeting at 6:00 p.m. at the County Office Building, Second Floor, Auditorium, 401 McIntire Road, Charlottesville, Virginia. V. Wayne Cilimberg, Secretary (Recorded and transcribed by Sharon C. Taylor, Recording Secretary) ALBEMARLE COUNTY PLANNING COMMISSION — OCTOBER 30, 2007 8 DRAFT ACTION MEMO SUBMITTED TO PLANNING COMMISSION