HomeMy WebLinkAboutZMA200700005 Staff Report 2007-11-07O Al,
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ALBEMARLE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
,Froj ct Name: ZMA 07-05 Avon Park II;
Staff: Rebecca Ragsdale
Private Street Request
PlanningCommission Public Hearing:
Board of Supervisors Public Hearing:
Octo er 16, 2007
November 14, 2007
Own rs: Weatherhill Development represented by
Applicant: Terra Concepts represented by Mark
Frank Pohl/Ian Bosserman
Keller
Acreage: 5.170
Rezone: R-1 to R-6 Residential
TMP Tax Map 90, Parcel 31
By -right use: 5 dwelling units and up to 7 dwelling
units with a density bonus; nom'"�"�• supporting uses
permitted in R-1 such as schools, churches, and
clubs by special use permit.
,Mag sterial District: Scottsville
Proffers: Yes
,Pro osal: Rezone from R-1 to R-6 with a proffered
Requested # of Dwelling Units: 31, at a gross
appli ation plan to provide 31 single family and
density of 6 dwelling units per acre
town iouse dwelling units
PA evelo ment Area): Neighborhood 4
Comp. Plan Designation: Neighborhood Density
Residential
,Cha acter of Prperty: Two existing homes,
Use of Surrounding Properties- Single Famil
outb ildings; approximately half of the site is wooded
Residential
actors Favorable:
Factors Unfavorable:
The rezoning is consistent with the Land Use
1. The applicant is not proposing a street
Plan recommendations.
section that meets County requirements
however has submitted :u stifi Gation fnr this
The applicant has provided an application
plan that meets Neighborhood Model design
expectations.
The applicant has provided affordable
housing and cash proffers that meet County
Policy
IREC MMENDATION: Staff recommends approval of ZMA 07 05 and the private street request; theplanft
strip giver is not recommended for approval and Private Street oe �
ZMA 07-05 Avon Park II
PC Public Hearing 10/16/07 BOS 11/14/07
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STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
ZMA 07-05 AVON PARK II
Private Street Request
REBECCA RAGSDALE
October 16, 2007
November 14, 2007
Petition:
PROJECT: ZMA 2007-005 Avon Court II
PROPOSAL: Rezone 5.17 acres from R-1 Residential (1 unit/acre) to R-6 Residential (6 units/acre)
with a proffered application plan. The proposal is to allow development of 31 townhouse and single
family units.
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: Yes
LOCATION: Avon Street Extended, approx. 1,000 feet north of the intersection of Avon Street Ext.
and Route 20, south of existing Avon Court
TAX MAP/PARCEL: Tax Map 90, Parcel 31
MAGISTERIAL DISTRICT: Scottsville
Plannina and Zonina History
There is no rezoning, plan or subdivision history on this parcel. A special use permit (SP 03-48) for
a Home Occupation Class B (Randy E. Fox) was approved in 2003 for a small engine repair shop
but will not be continued on the property if this proposed rezoning is approved. The buildings in
which the home occupation is conducted will be removed.
Plannina Commission Work Session
This rezoning was reviewed by the Commission in a work session on August 14, 2007, to discuss
two issues. The first issues was the design and layout of the proposal, specifically how residential
lots and pedestrian access related to the open space/amenity area. The Commission also
considered the private street request and proposed street section for that private street,
summarized here:
The Commission indicated the applicant's changes to the lot layout presented at the
meeting, specifically to the lots located adjacent to the existing house within the
development and the provision of more direct access for pedestrians from Stratford
Way to the open space area area was an improvement. The Commission
recommended the applicant continue looking at the layout in this area of the
development to provide more direct driveway access to the lots.
Further consideration of the proposed street design for Stratford Way was needed.
The Commission desired more information to demonstrate why the applicant's
variation should be approved and more information as to why trees normally are
placed between the sidewalk and the street. LSee Neighborhood Model sections on Formatted: Font: Italic
Neighborhood Friendly Streets & Paths, provided as Attachment E]
The applicant was encouraged to address the neighbor concerns, both those
resulting from the first phase of Avon Park regarding installation of a privacy fence
and comments made from other neighbors regarding this proposed second phase,
including a request for fencing, public road interconnection, and extension of water.
The applicant submitted a revised application plan following the Commission work session that
includes changes to the lot layout and provides direct pedestrian access adjacent to the open space
ZMA 07-05 Avon Park II
PC Public Hearing 10/16/07 BOS 11/14/07
area, has provided a detailed request for approval of Stratford Way as private street, and has
addresses all adjoining property owner concerns.
Characteristics of the Site & Area
There are two existing homes on the site, one built after 2000 and one c. 1945 dwelling, and also
outbuildings, and mature trees. (See Sheet 1 -Attachment E) Adjoining properties to the north,
south, and east are single family residential and zoned R1. Parcels to the west are currently
wooded. Immediately adjacent to this site to the north is Avon Park I, which was a rezoning (ZMA
04-03), approved May 25, 2004 for 16 single family homes and 43 townhouse units. That project is
currently under construction, near completion with some units occupied. Nearby to the north are the
MillCreek Subdivision and Snows Garden Center, along with an Industrial Area. (Attachment A -
Aerial, B -Zoning Map, C -Land Use Plan)
By -Richt Uses of the Site
The site is approximately 5 acres and is zoned R-1 which would potentially allow for 5 residential
units or up to 7 with bonus density and clustering provisions.
Specifics of Proposal
The applicant has submitted a revised rezoning plan and proffers since the Commission work
session, which appears to address the issues discussed at that meeting. Avon Park II is proposed
as a continuation of the existing Avon Park project. This rezoning is for a mixed residential
development of 20 townhomes with two -car garages, four condo/apartments with two -car garages,
and six single family houses with two -car garages, along with the existing c. 2000 single family
house to remain. The units would be served by an extension of Hathaway Street (public road) in
Avon Park and a private street that is requested. The front portion of the property, adjacent to Avon
Street Ext., will provide the open space and recreational area for the development. (Attachment E -
Application Plan) In addition to the plan and waiver request, the applicant has submitted proffers
indicating a commitment to provide 15% affordable housing and to provide cash proffers for each
residential unit meeting the Board's expectations.
Conformity with the Comprehensive Plan
Land Use Plan
The Land Use plan designates this property as Neighborhood Density Residential in Neighborhood
4. (Attachment C) Applicable statements from the Comprehensive Plan relevant to this site are
identified below in italics. Staff comments relative to the recommendations of the Land Use Plan
follow each statement:
Neighborhood Density Residential
o Neighborhood Density Residential areas are intended to have a gross density of between 3
to 6 dwellings per acre. Neighborhood Density Residential may be located within the Urban
Area, Communities and Villages.
o Neighborhood Density Residential areas are intended to accommodate all dwelling unit
types as well as institutional uses such as places of worship, public and private schools, and
early childhood education centers including day care centers and preschools.
o It is anticipated that Neighborhood Density Residential areas will accommodate small areas
of non-residential land uses on the scale of Neighborhood Service, as defined later in this
chapter, to serve residential uses.
o Any new development within an existing subdivision shall be in keeping with the character
and density of the existing development.
o New developments adjacent to existing subdivisions or developments shall be developed at
higher densities and in a form in keeping with the Neighborhood Model to support infill
development efforts.
ZMA 07-05 Avon Park II
PC Public Hearing 10/16/07 BOS 11/14/07
Avon Park II is proposed at a density of 6 dwelling units per acre, or 31 units on 5.1 acres, with one
house already existing. Non residential uses are not proposed or expected at this location. This
project is developing at a density and in a form that is in keeping with the Neighborhood Model and
adjacent development of Avon Park.
Consider the recommendations of the Southern Charlottesville Transportation Study for this
Neighborhood
The primary recommendations of this study were the construction of east -west connecting roads
within Neighborhoods 4 and 5, including the Avon -Fifth Street Connector road (Southern Parkway),
Avon -Route 20 Connector road (constructed), and an Avon -Fifth Street connector road north of I-
64. The connectors south of 1-64 were considered higher priorities. This parcel does not provide an
opportunity for either of these connecting roads.
Due to increased development in this area, including the construction of the new Monticello
High School, upgrade Avon Street Extended and Route 20 and construct bicycle facilities and
walkways in conjunction with these upgrades. Determine the right-of-way requirements for these
road upgrades and obtain and/or reserve right-of-ways as necessary.
An asphalt path has been constructed on the west side of Avon Street from the Southern Parkway
to South Mill Creek. The CIP calls for a walkway to be constructed from the Southern Parkway to
the City limits within the next 5 years. No widening for bike lanes are planned or funded at this
time.
Locate a library branch in or near Neighborhood Four.
The Jefferson -Madison Regional Library has proposed the construction of a new library in the
southern urban areas to adequately serve this area although there has not been any site selection
yet. The library needs approximately two acres of land for the 15,000 square foot facility. The
County owns large acreage near the high school and fire station off of Mill Creek Drive which may
be appropriate, although some of the property is hilly and not the best for development. Site
selection and land acquisition, if necessary, is scheduled for 2012/13 and construction in 2014/15.
A site near an east -west connector road would seem to be the best location so it would be
convenient to either Neighborhood 4 or 5. This site is in proximity to the Southern Parkway, once it
is built to Fifth Street.
Participate with the City to construct the eastern branch of the southern water loop. This loop
will link the Avon Street and Pantops Mountain Water tanks and improve water distribution in
the Neighborhood. Build another smaller water tank on Avon Street to increase flow to
Neighborhoods 4 & 5.
The eastern branch of the southern loop is programmed in RWSA's CIP for construction in FY 09-
10.
Provide additional water storage in the southern portion of the Neighborhood to support demand
and ensure adequate fire flow.
Storage tanks have been developed as part of Avon Park and Mosby Mountain development that
will provide water storage and address fire flow issues for this area.
ZMA 07-05 Avon Park II
PC Public Hearing 10/16/07 BOS 11/14/07
Extend the Biscuit Run Interceptor to provide capacity for the entire drainage basin.
The Biscuit Run interceptor was extended close to the Biscuit Run property as part of the
improvements provided to serve the Mosby Mountain development off of Fifth Street.
New development and redevelopment along Route 20 and Avon Street Extended should be
designed in a manner that is sensitive to its location within the Monticello viewshed and
designation as Entrance Corridor Roadways.
The proposed development is not in the Monticello viewshed. The Architectural Review Board has
provided comments on the Application Plan.
Open Space Plan -- The County's Open Space Plan shows no significant environmental resources
on this property.
Principles of the Neighborhood Model -- Conformity with the Neighborhood Model is assessed
below:
Pedestrian
Sidewalks are shown along all streets, both public and private, internal to
Orientation
the development, connecting different buildings to the amenities and to
other buildings. The applicant has also provided a sidewalk across the
frontage of the property along Avon Street Extended. This principle is met.
Neighborhood
Street trees are shown for all proposed streets; however, street trees along
Friendly Streets
the private street (Stratford Way) are proposed behind the curb and
and Paths
sidewalk, which does not meet the desired street section. The applicant
Att chment E
has submitted a private street request and justification for this design for
the Commission to consider. This principle is met.
Interconnected
Opportunities for north -south interconnections exist to adjoining properties
Streets and
and are provided via a planned interconnection approved with Avon Park,
Transportation
shown as Hathaway Street on the application plan. (Attachment E) This
Networks
interconnection is being extended to the Brooks property to the south of
this proposed development. This principle is met.
We ho�io h^^n n vided fr.r nnnn^n+inn to the adjG'R'Rg
proparty to the nerth the Spoils/Sadler n arty whi^h Avnn Pork and
is 4
proposed APark II However, or� nd the applicant `.
exte ,.diRg streets wi+hiR the ed .deyel.,r,r. eRt that w. u l d be .,.Ji.,G r,4
to this site.
Parks and Open
Proposed amenity and recreation areas comprise 1.69 acres or 33% of the
Space
site and are located on the front one-third of the property on Avon Street
Ext. The area would include a pavilion, picnic tables, grill area, and
horseshoe pits_ These amenities are proposed as aand as nrnn^sed is a
substitution of recreation requirements of the ordinance to olln, , these
f^rather than a -providing a tot lot_, which can be appFeved by the
Planning ,air^^t^r This development will be added to Avon Park I and will
have access to those amenities as well, which includes a tot lot, so the
substitution is supported. This principle is met.
ZMA 07-05 Avon Park II
PC Public Hearing 10/16/07 BOS 11/14/07
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Nei hborhood
Cale Elementary School is the nearest center to this area and a place to
Centers
which the residential units can relate. However, it is a mile away. This area
is expected to relate to the adjoining center proposed in Biscuit Run under
review. This principle is met.
Buildings and
The scale of the buildings appears to be appropriate and this principle is
Spaces of Human
met. A site section is provided in the application plan.
Scale
Relegated Parking
Parking for residential units is provided in garages and guest parking is the
only arkin rovided outside of garages. This principle is met.
Mixture of Uses
Non-residential uses are not expected within this development and the
nearest non-residential use is a church approximately a quarter -mile to the
north on Avon Street Extended. A commercial center is approximately a
mile away at the intersection of Mill Creek Drive and Avon Street Extended.
No additional mixture of uses is recommended and this principle is met
with nearb uses.
Mix ure of Housing
The mixture of housing types, with four multi -family units, townhomes, and
Typ sand
single family, is viewed as appropriate and the applicant has committed
Aff rdability
that 15% of the units will be affordable. This principle is met.
Redevelopment
The project represents redevelopment from low density rural residential to
higher density residential. The existing house on the site and outbuildings
closest to Avon Street will be demolished and the other existing house on
the property will remain and be integrated into Avon Park II. This principle
is met.
Site Planning that
As previously indicated, the property has some topographical challenges
Respects Terrain
and slopes downward towards Avon Street. This principle is met for most
of the project; however, staff has concerns regarding the proposed grading
for Lot 28 as they are proposed as 2:1 slo es. -
Clear Boundaries
Not applicable, the nearest Rural Area boundary is to the east of Route 20
with the Rural
and south.
Areas
This district (hereafter referred to as R-6) is to provide a plan implementation zone that:
-Provides for compact, medium -density residential development;
(Amended 9-9-92)
-Permits a variety of housing woes; and
-Provides incentives for clustering of development and provision of locational, environmental and
developmental amenities.
R-6 districts may be permitted within community and urban area locations recommended for medium -density
residential use in the comprehensive plan. (Amended 9-9-92)
ZMA 07-05 Avon Park II
PC Public Hearing 10/16/07 BOS 11/14/07
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16.3 AREA A -ND BULK REG[ZATIDi\S
F., = �-ND 3ULK REGULATIONS
Use Rlan recommendation of Neighborhood
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3 Zoning, which is consistent with the Land stops: Not at 1" + 1.5" + 2"+ z.s" + 3" +
Avon Park I is also zoned R6 and this 3.5" + 4" + 4.5" + s' + 5.5" + 6°
—Approximately 50% of the site, on the western half is wooded and there are significant grade
changes across the site, from elevations of 690 at the highest point near proposed Hathaway Street
and 590 near Avon Street Ext. The woods would be removed and the slopes graded in order to
accomplish the plan proposed. The existing vegetation located around the homes on the site is
propdsed to remain. There are no environmental features shown on the County's Open Space Plan.
The Historic Preservation planner provided information regarding historic resources. Albemarle
County Real Estate records indicate that the existing dwelling on Tax Map 90, Parcel 31 was
constructed c. 1945 and is therefore considered historic. This resource has not been evaluated for
listing on the National or State historic registers. The applicant has indicated on the Site Plan Study
that the existing c. 2000 or later dwelling will be retained but the historic structure will be removed
because of its condition. Staff is requesting that the applicant provide documentation of the
resource, in accordance with the Department of Historic Resources (DHR) standards prior to its
removal, which they have agreed to provide. The Virginia Department of Historic Resources' (DHR)
Data Sharing System (DSS) also identified the Midvale School (DHR #002-1141), which is on the
adjoining property.
Anti i ated im act on public facilities and services
Stre is - The development will generate an additional 208 trips per day on Avon Street Extended
which provides primary access to the site. Traffic counts are not available at this location although
north of Mill Creek Drive; the street has 10,306 Average Daily Trips (ADT) with a Level of Service E.
Regarding Avon St. Extended, the hope is that the road can continue to function as a 2 -lane (with
turn lanes), lower speed (35-40 mph) road that can stay more in keeping with a neighborhood
ZMA 07-05 Avon Park II
PC Public Hearing 10/16/07 BOS 11/14/07
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widow/orphan control
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STANDARD LEVEL
SCATS LE' -T=
C01T ^r;=IONAL
CLUSTER
CONG'ENTIONAL
CLUSTER
<ECUI-Et-1E'dTS
CE'-T-OFIL'.NT
DEVELOPMESTT
DEVELOPIdENT
Gress densis•:
6 du acre
6 dMiacre
9 &daces
9du acre
S{iayssmn Lm Size
�Addzd'-17-SS)
7.260 Gq R
ti A
4,840 sq fr.
N.A
i'ards. miuivaum:
Freut
_5 feet'_=
feet
25 feet
25 feet
Side°'
15feet
1 _'set
15 feet
15 feet
Rem
�i l feet
20 feet
10 feet
20 Feet
[a'• Nataitu= aide raids -hall be
reduced to not les-- than ten [10'• Feet in acconbace rash
section 4.11.3. Amended 1-1-83
llaxirumu
Smunue hei zht
35 feet
35 feet
3? Feet
35 feet
Use Rlan recommendation of Neighborhood
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3 Zoning, which is consistent with the Land stops: Not at 1" + 1.5" + 2"+ z.s" + 3" +
Avon Park I is also zoned R6 and this 3.5" + 4" + 4.5" + s' + 5.5" + 6°
—Approximately 50% of the site, on the western half is wooded and there are significant grade
changes across the site, from elevations of 690 at the highest point near proposed Hathaway Street
and 590 near Avon Street Ext. The woods would be removed and the slopes graded in order to
accomplish the plan proposed. The existing vegetation located around the homes on the site is
propdsed to remain. There are no environmental features shown on the County's Open Space Plan.
The Historic Preservation planner provided information regarding historic resources. Albemarle
County Real Estate records indicate that the existing dwelling on Tax Map 90, Parcel 31 was
constructed c. 1945 and is therefore considered historic. This resource has not been evaluated for
listing on the National or State historic registers. The applicant has indicated on the Site Plan Study
that the existing c. 2000 or later dwelling will be retained but the historic structure will be removed
because of its condition. Staff is requesting that the applicant provide documentation of the
resource, in accordance with the Department of Historic Resources (DHR) standards prior to its
removal, which they have agreed to provide. The Virginia Department of Historic Resources' (DHR)
Data Sharing System (DSS) also identified the Midvale School (DHR #002-1141), which is on the
adjoining property.
Anti i ated im act on public facilities and services
Stre is - The development will generate an additional 208 trips per day on Avon Street Extended
which provides primary access to the site. Traffic counts are not available at this location although
north of Mill Creek Drive; the street has 10,306 Average Daily Trips (ADT) with a Level of Service E.
Regarding Avon St. Extended, the hope is that the road can continue to function as a 2 -lane (with
turn lanes), lower speed (35-40 mph) road that can stay more in keeping with a neighborhood
ZMA 07-05 Avon Park II
PC Public Hearing 10/16/07 BOS 11/14/07
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widow/orphan control
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oriented, multi -modal type of collector road. It was anticipated that east -west street connections
(Willoughby connector, Southern Parkway) would help distribute traffic to the larger regional road
network (Fifth Street, Route 20) that currently almost have to travel on Avon to reach almost any
city/university destination.
Some of VDOT and the County's initial comments regarding streets have been addressed, since
the applicant no longer proposes maintaining the existing drive from Avon Street Ext. into the
property. The request to allow Stratford Way as a private street is discussed below.
Scho Is — The development is expected to generate 8 students broken down as follows: 4 Formatted: Font: Not Bold, Underline
elementary school students, 2 middle school students, and 2 high school students. These students
will attend Cale Elementary School, Walton Middle School, and Monticello High School. Cale will
be renovated in 2006 to add classrooms. The renovation will replace the portable units currently in
use and also accommodates the growth from development of this adjoining site.
There is an additional elementary school proposed in the CIP for the Southern Urban Areas to
address growth in the Southern Urban Areas. At present, an elementary school is being considered
in conjunction with the Biscuit Run development.
,Fire, Rescue, Police — Fire, Rescue, and Police facilities are located nearby in buildings south of W
64. The Monticello Fire Station located near Monticello High School provides fire and rescue
services to the area. Albemarle County 5`h Street Office Building is contains the County's Police
Department, although the police patrol all areas of the County regardless of the location of the
statin 1. No impact to these facilities is expected.
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Utilit es — Albemarle County Service Authority indicates that water and sewer service is available - Formatted: underline
to the site. Single family lots will be served by grinder pumps, which the ACSA does not have an Formatted: Normal (Web), Indent: Left: -0.5"
objection to and were approved in Avon Park I. Generally, grinder pumps are not recommended
because of private maintenance and easements are required. However, the easements have been
locat d in such a way that they do not cut across properties. (See Utility Plan, Sheet 3 -Application
Plan, lAttachment E)
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This Itroiect is expected to be in keeping with the residential character of this area. Th
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Proffers
The applicant has submitted proffers (Attachment D) including a commitment to the application
plan, which are summarized below. The proffers have been reviewed by the County Attorney and
only rhinor changes are needed and there are no outstanding substantive issues.
ZMA 07-05 Avon Park II
PC Public Hearing 10/16/07 BOS 11/14/07
Affordable Housing- This proffer provides for four affordable units, identified as 21/22 and
23/24 on the application plan and proposed as Stacked-flatsmultifamily units which may
either be for -sale or for -lease units. The affordable housing policy of providing 15%
affordable, which is 4.5 units for this development, is met through provision of these four
units and a cash contribution is proffered for the 0.5 unit. These proffers are acceptable to
the Housing Director.
Cash Proffer- The applicant has proffered to meet the Board's cash proffer policy, by
proffering $343,000 to the County for mitigating impacts from this development. That
amount is equal to $11,900 per market rate townhome and $17,500 for each single family
unit.
Private Street Reauest
The §ubdivision Ordinance specifies criteria for the Commission to approve a private street. The
criterik of this section of ordinance for Stratford Wa'
t
The street section proposed is
Staff has provided the ordinance criteria for authorizing private streets under Section 14-
233A, followed by comments below.
1. Neighborhood model development.,The proposed private street(s) would enable the principles of
the neighborhood model to be more fully implemented than could be achieved with a public street,
without diminishing other principles of the neighborhood model, in the following circumstances:
the subdivision would have a streetscape more consistent with the neighborhood
have lower travel speeds. The arrangement of sidewalks and planting strips is not in
keeping with recommendations of the Neighborhood Model and is discussed under the
Plantina StriD waiver section below..
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JR) the subdivision design would allow it to better achieve the density goals of the Formatted: Font: li pt, Bold
comprehensive plan;
This design will allow density in keeping with the Land Use Plan., —1 Formatted: Font: 11 pt
ZMA 07-05 Avon Park II
PC Public Hearing 10/16/07 BOS 11/14/07
(iii) rear vehicular access to buildings would be provided so that the buildings may face a Formatted: Font: 11 pt, Bold
common amenity;
Rear vehicle access is not provided to the residential units. The subject parcel is rectangular
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(iv) a significant environmental resource would be protected; or
No significant environmental resources exist on the site.,
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(v) relegated parking would be provided to arreeater extent than could otherwise be provided, ,--1 Formatted: Font: 11 pt, Bold J
Relegated parking is not achieved to a -greater extent and parkinq provided is front loaded,
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mostly in garages.
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,2. Two lot subdivision. The proposed private street(s) would be within a two lot subdWisionWFormatted: Font: 11 pt, Bold
3. General iveyWre. The geneFfil welfaFe, as opposed to the pr-opr-ietaFy interest of the subdiv4der-,
would be better- seFved by the eORStFUetiOH of one or more pr-Wate streets than by the
eonstruetion of public streets
sSinco the traffic on each section of the private street will be very low and the streets will not
Th
The
a
in
to
ZMA 07-05 Avon Park II
PC Public Hearing 10/16/07 BOS 11/14/07
will allow healthier trees and because of how
ler pavement.
ing a waiver of Planting Strips Section 14-222F(2
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10
The street design proposed by the applicant will allow for greater density to be achieved
on a property in the development area; it does not , however, result in a form that greater
reflects principles of the Neighborhood Model., Formatted: Font: (Default) Arial, Not Bold
be more fully achieved.
The waiver does not allow relegated parking to occur or to help buildings face the street.
ourndses of this chanter or otherwise serve the public interest: and granting the waiver would not be
land between the curb and the sidewalk, provide a softened appearance to streets and
enhance the quality of the walk for pedestrians. Trees also provide a barrier between the
pedestrian and a moving car.
Staff does not support this waiver. Planting strips located behind the curb provide a greater
sense of enclosure and this is important to creating a Neighborhood Model form of
development and providing for the pedestrian.
Summary
Staff has found the following factors favorable to this rezoning request:
1. The rezoning is consistent with the Land Use Plan recommendations.
2. The applicant has provided an application plan that meets Neighborhood Model
design expectations.
3. The applicant has provided affordable housing and cash proffers that meet County
Policy
Staff has found the following factors unfavorable to this request:
1. The applicant is rot -proposing a street section that does not meets County
requirements., however has submitted : stifiGatien fr,r this . tin -
RECOMMENDATION
Staff tecommends approval of ZMA 07--05 and or°,,.,+„ Str,,,,+ Request—the private street request
with waiver of the plantinq strip requirement.
ATTACHMENTS
A. Aerial Map
B. Zoning Map
C. Land Use Plan
D. Proffer Forms
E. Neighborhood Model -Neighborhood Friendly Streets & Paths sections
F. Private Road d6l6#+#ic Justifications dated September 10, 2007 and prepared b
Mark Keller of Terra r,,.,. epts P.G.
ZMA 07-05 Avon Park II 11
PC Public Hearing 10/16/07 BOS 11/14/07
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G. Application Plan -Titled "Zoning Map Amendment for Avon Park II", prepared by Terra
Concepts, P.C., dated April 30, 2007 and last revised September 10, 2007
ZMA 07-05 Avon Park II 12
PC Public Hearing 10/16/07 BOS 11/14/07
ALBEMARLE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
Project Name: ZMA 07-05 Avon Park II;
Staff: Rebecca Ragsdale
Private Street Request
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
October 16, 2007
November 14, 2007
Owners: Weatherhill Development represented by
Applicant: Terra Concepts represented by Mark
Frank Pohl/Ian Bosserman
Keller
Acreage: 5.170
Rezone: R-1 to R-6 Residential
TMP: Tax Map 90, Parcel 31
By -right use: 5 dwelling units and up to 7 dwelling
units with a density bonus; supporting uses permitted
in R-1 such as schools, churches, and clubs by
special use permit.
Magisterial District: Scottsville
Proffers: Yes
Proposal: Rezone from R-1 to R-6 with a proffered
Requested # of Dwelling Units: 31, at a gross
application plan to provide 31 single family and
density of 6 dwelling units per acre
townhouse dwelling units
DA (Development Area): Neighborhood 4
Comp. Plan Designation: Neighborhood Density
Residential
Character of Property: Two existing homes,
Use of Surrounding Properties: Single Family
outbuildings; approximately half of the site is wooded
Residential
Factors Favorable:
Factors Unfavorable:
1. The rezoning is consistent with the Land Use
1. The applicant is not proposing a street
Plan recommendations.
section that meets County requirements.
2. The applicant has provided an application
plan that meets Neighborhood Model design
expectations.
3. The applicant has provided affordable
housing and cash proffers that meet County
Policy
RECOMMENDATION: Staff recommends approval of ZMA 07 05 and the private street request; the planting
strip waiver is not recommended for approval.
ZMA 07-05 Avon Park II
PC Public Hearing 10/16/07 BOS 11/14/07
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
ZMA 07-05 AVON PARK II
Private Street Request
REBECCA RAGSDALE
October 16, 2007
November 14, 2007
Petition•
PROJECT: ZMA 2007-005 Avon Court II
PROPOSAL: Rezone 5.17 acres from R-1 Residential (1 unit/acre) to R-6 Residential (6 units/acre)
with a proffered application plan. The proposal is to allow development of 31 townhouse and single
family units.
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: Yes
LOCATION: Avon Street Extended, approx. 1,000 feet north of the intersection of Avon Street Ext.
and Route 20, south of existing Avon Court
TAX MAP/PARCEL: Tax Map 90, Parcel 31
MAGISTERIAL DISTRICT: Scottsville
Planning and Zoning History
There is no rezoning, plan or subdivision history on this parcel. A special use permit (SP 03-48) for
a Home Occupation Class B (Randy E. Fox) was approved in 2003 for a small engine repair shop
but will not be continued on the property if this proposed rezoning is approved. The buildings in
which the home occupation is conducted will be removed.
Planning Commission Work Session
This rezoning was reviewed by the Commission in a work session on August 14, 2007, to discuss
two issues. The first issues was the design and layout of the proposal, specifically how residential
lots and pedestrian access related to the open space/amenity area. The Commission also
considered the private street request and proposed street section for that private street,
summarized here:
The Commission indicated the applicant's changes to the lot layout presented at the
meeting, specifically to the lots located adjacent to the existing house within the
development and the provision of more direct access for pedestrians from Stratford
Way to the open space area was an improvement. The Commission recommended
the applicant continue looking at the layout in this area of the development to provide
more direct driveway access to the lots.
Further consideration of the proposed street design for Stratford Way was needed.
The Commission desired more information to demonstrate why the applicant's
variation should be approved and more information as to why trees normally are
placed between the sidewalk and the street. [See Neighborhood Model sections on
Neighborhood Friendly Streets & Paths, provided as Attachment E]
The applicant was encouraged to address the neighbor concerns, both those
resulting from the first phase of Avon Park regarding installation of a privacy fence
and comments made from other neighbors regarding this proposed second phase,
including a request for fencing, public road interconnection, and extension of water.
The applicant submitted a revised application plan following the Commission work session that
includes changes to the lot layout and provides direct pedestrian access adjacent to the open space
ZMA 07-05 Avon Park II 2
PC Public Hearing 10/16/07 BOS 11/14/07
area, has provided a detailed request for approval of Stratford Way as private street, and has
addresses all adjoining property owner concerns.
Characteristics of the Site & Area
There are two existing homes on the site, one built after 2000 and one c. 1945 dwelling, and also
outbuildings, and mature trees. (See Sheet 1 -Attachment E) Adjoining properties to the north,
south, and east are single family residential and zoned R1. Parcels to the west are currently
wooded. Immediately adjacent to this site to the north is Avon Park I, which was a rezoning (ZMA
04-03), approved May 25, 2004 for 16 single family homes and 43 townhouse units. That project is
currently under construction, near completion with some units occupied. Nearby to the north are the
MillCreek Subdivision and Snows Garden Center, along with an Industrial Area. (Attachment A -
Aerial, B -Zoning Map, C -Land Use Plan)
By -Right Uses of the Site
The site is approximately 5 acres and is zoned R-1 which would potentially allow for 5 residential
units or up to 7 with bonus density and clustering provisions.
Specifics of Proposal
The applicant has submitted a revised rezoning plan and proffers since the Commission work
session, which appears to address the issues discussed at that meeting. Avon Park II is proposed
as a continuation of the existing Avon Park project. This rezoning is for a mixed residential
development of 20 townhomes with two -car garages, four condo/apartments with two -car garages,
and six single family houses with two -car garages, along with the existing c. 2000 single family
house to remain. The units would be served by an extension of Hathaway Street (public road) in
Avon Park and a private street that is requested. The front portion of the property, adjacent to Avon
Street Ext., will provide the open space and recreational area for the development. (Attachment E -
Application Plan) In addition to the plan and waiver request, the applicant has submitted proffers
indicating a commitment to provide 15% affordable housing and to provide cash proffers for each
residential unit meeting the Board's expectations.
Conformitv with the Comprehensive Plan
Land Use Plan
The Land Use plan designates this property as Neighborhood Density Residential in Neighborhood
4. (Attachment C) Applicable statements from the Comprehensive Plan relevant to this site are
identified below in italics. Staff comments relative to the recommendations of the Land Use Plan
follow each statement:
Neighborhood Density Residential
o Neighborhood Density Residential areas are intended to have a gross density of between 3
to 6 dwellings per acre. Neighborhood Density Residential may be located within the Urban
Area, Communities and Villages.
o Neighborhood Density Residential areas are intended to accommodate all dwelling unit
types as well as institutional uses such as places of worship, public and private schools, and
early childhood education centers including day care centers and preschools.
o It is anticipated that Neighborhood Density Residential areas will accommodate small areas
of non-residential land uses on the scale of Neighborhood Service, as defined later in this
chapter, to serve residential uses.
o Any new development within an existing subdivision shall be in keeping with the character
and density of the existing development.
o New developments adjacent to existing subdivisions or developments shall be developed at
higher densities and in a form in keeping with the Neighborhood Model to support infill
development efforts.
ZMA 07-05 Avon Park II
PC Public Hearing 10/16/07 BOS 11/14/07
Avon Park II is proposed at a density of 6 dwelling units per acre, or 31 units on 5.1 acres, with one
house already existing. Non residential uses are not proposed or expected at this location. This
project is developing at a density and in a form that is in keeping with the Neighborhood Model and
adjacent development of Avon Park.
• Consider the recommendations of the Southern Charlottesville Transportation Study for this
Neighborhood
The primary recommendations of this study were the construction of east -west connecting roads
within Neighborhoods 4 and 5, including the Avon -Fifth Street Connector road (Southern Parkway),
Avon -Route 20 Connector road (constructed), and an Avon -Fifth Street connector road north of I-
64. The connectors south of 1-64 were considered higher priorities. This parcel does not provide an
opportunity for either of these connecting roads.
• Due to increased development in this area, including the construction of the new Monticello
High School, upgrade Avon Street Extended and Route 20 and construct bicycle facilities and
walkways in conjunction with these upgrades. Determine the right-of-way requirements for these
road upgrades and obtain and/or reserve right-of-ways as necessary.
An asphalt path has been constructed on the west side of Avon Street from the Southern Parkway
to South Mill Creek. The CIP calls for a walkway to be constructed from the Southern Parkway to
the City limits within the next 5 years. No widening for bike lanes are planned or funded at this
time.
• Locate a library branch in or near Neighborhood Four.
The Jefferson -Madison Regional Library has proposed the construction of a new library in the
southern urban areas to adequately serve this area although there has not been any site selection
yet. The library needs approximately two acres of land for the 15,000 square foot facility. The
County owns large acreage near the high school and fire station off of Mill Creek Drive which may
be appropriate, although some of the property is hilly and not the best for development. Site
selection and land acquisition, if necessary, is scheduled for 2012/13 and construction in 2014/15.
A site near an east -west connector road would seem to be the best location so it would be
convenient to either Neighborhood 4 or 5. This site is in proximity to the Southern Parkway, once it
is built to Fifth Street.
• Participate with the City to construct the eastern branch of the southern water loop. This loop
will link the Avon Street and Pantops Mountain Water tanks and improve water distribution in
the Neighborhood. Build another smaller water tank on Avon Street to increase flow to
Neighborhoods 4 & 5.
The eastern branch of the southern loop is programmed in RWSA's CIP for construction in FY 09-
10.
• Provide additional water storage in the southern portion of the Neighborhood to support demand
and ensure adequate fire flow.
Storage tanks have been developed as part of Avon Park and Mosby Mountain development that
will provide water storage and address fire flow issues for this area.
LI°IH U/ -UJ HVUII VdfK 11 4
PC Public Hearing 10/16/07 BOS 11/14/07
• Extend the Biscuit Run Interceptor to provide capacity for the entire drainage basin.
The Biscuit Run interceptor was extended close to the Biscuit Run property as part of the
improvements provided to serve the Mosby Mountain development off of Fifth Street.
• New development and redevelopment along Route 20 and Avon Street Extended should be
designed in a manner that is sensitive to its location within the Monticello viewshed and
designation as Entrance Corridor Roadways.
The proposed development is not in the Monticello viewshed. The Architectural Review Board has
provided comments on the Application Plan.
Open Space Plan -- The County's Open Space Plan shows no significant environmental resources
on this property.
Principles of the Neighborhood Model -- Conformity with the Neighborhood Model is assessed
below:
Pedestrian
Sidewalks are shown along all streets, both public and private, internal to
Orientation
the development, connecting different buildings to the amenities and to
other buildings. The applicant has also provided a sidewalk across the
frontage of the property along Avon Street Extended. This principle is met.
Neighborhood
Street trees are shown for all proposed streets; however, street trees along
Friendly Streets
the private street (Stratford Way) are proposed behind the curb and
and Paths
sidewalk, which does not meet the desired street section. The applicant
(Attachment E)
has submitted a private street request and justification for this design for
the Commission to consider. This principle is met.
Interconnected
Opportunities for north -south interconnections exist to adjoining properties
Streets and
and are provided via a planned interconnection approved with Avon Park,
Transportation
shown as Hathaway Street on the application plan. (Attachment E) This
Networks
interconnection is being extended to the Brooks property to the south of
this proposed development. This principle is met.
Parks and Open
Proposed amenity and recreation areas comprise 1.69 acres or 33% of the
Space
site and are located on the front one-third of the property on Avon Street
Ext. The area would include a pavilion, picnic tables, grill area, and
horseshoe pits. These amenities are proposed as a substitution of
recreation requirements of the ordinance rather than providing a tot lot.
This development will be added to Avon Park I and will have access to
those amenities as well, which includes a tot lot, so the substitution is
supported. This principle is met.
Neighborhood
Cale Elementary School is the nearest center to this area and a place to
Centers
which the residential units can relate. However, it is a mile away. This area
is expected to relate to the adjoining center proposed in Biscuit Run under
review. This principle is met.
Buildings and
The scale of the buildings appears to be appropriate and this principle is
Spaces of Human
met. A site section is provided in the application plan.
Scale
Relegated Parking
Parking for residential units is provided in garages and guest parking is the
only parking provided outside of garages. This principle is met.
Mixture of Uses
Non-residential uses are not expected within this development and the
nearest non-residential use is a church approximately aquarter-mile to the
ZMA 07-05 Avon Park II 5
PC Public Hearing 10/16/07 BOS 11/14/07
STAFF COMMENT
Relationship between the application and the purpose and intent of the
requested zoning district
The applicant has requested a rezoning to R6 Residential and the intent of that district in the
Ordinance and lot and setback requirements are provided here:
This district (hereafter referred to as R-6) is to provide a plan implementation zone that:
-Provides for compact, medium -density residential development;
(Amended 9-9-92)
-Permits a variety of housing types; and
-Provides incentives for clustering of development and provision of locational, environmental and
developmental amenities.
R-6 districts may be permitted within community and urban area locations recommended for medium -density
residential use in the comprehensive plan. (Amended 9-9-92)
16.3 .ARE A AtiD BULK REGULATIONS
AND 3U!K RECG==I:-_NS
north on Avon Street Extended. A commercial center is approximately a
mile away at the intersection of Mill Creek Drive and Avon Street Extended.
No additional mixture of uses is recommended and this principle is met
us _ER
with nearby uses.
Mixture of Housing
The mixture of housing types, with four multi -family units, townhomes, and
Types and
single family, is viewed as appropriate and the applicant has committed
Affordability
that 15% of the units will be affordable. This principle is met.
Redevelopment
The project represents redevelopment from low density rural residential to
6 do acre
higher density residential. The existing house on the site and outbuildings
9du acre
closest to Avon Street will be demolished and the other existing house on
(Adcked7-17-85)
the property will remain and be integrated into Avon Park 11. This principle
is met.
Site Planning that
As previously indicated, the property has some topographical challenges
Respects Terrain
and slopes downward towards Avon Street. This principle is met for most
N: A
of the project; however, staff has concerns regarding the proposed grading
for Lot 28, as they are proposed as 2:1 slopes.
Clear Boundaries
Not applicable, the nearest Rural Area boundary is to the east of Route 20
with the Rural
and south.
Areas
_5 feet
STAFF COMMENT
Relationship between the application and the purpose and intent of the
requested zoning district
The applicant has requested a rezoning to R6 Residential and the intent of that district in the
Ordinance and lot and setback requirements are provided here:
This district (hereafter referred to as R-6) is to provide a plan implementation zone that:
-Provides for compact, medium -density residential development;
(Amended 9-9-92)
-Permits a variety of housing types; and
-Provides incentives for clustering of development and provision of locational, environmental and
developmental amenities.
R-6 districts may be permitted within community and urban area locations recommended for medium -density
residential use in the comprehensive plan. (Amended 9-9-92)
16.3 .ARE A AtiD BULK REGULATIONS
AND 3U!K RECG==I:-_NS
Staff believes this proposal meets the intent of the R-6 Zoning, which is consistent with the Land
Use Plan recommendation of Neighborhood Density. Avon Park I is also zoned R6 and this
proposal will be added to that development.
ZMA 07-05 Avon Park II 6
PC Public Hearing 10/16/07 BOS 11/14/07
3TkI,N.RT
]3=J3 LE' -T-_
CC1T,:T-ICI.- L
us _ER
CO`T-'EHI=C'Ir-
CLL3T7R
REQCI-�EMEYIS
Das Lu?- 'd_
Gross densirr
6 du acre
6 do acre
9 du -ac -re
9du acre
MinimunLot Size
(Adcked7-17-85)
:.260 Gg ft
1 3
4_84D sq ft.
N: A
lards. miiiit=:
Frcnt
_ feet
_'5 feet
_5 feet
25 feet
Side°'
15 feet
15 feet
15 feet
15 feet
Rem
W-1 feet
=D feet
10 feet
24 feet
a'• �,iinimiuu side ■aids .1911 be reduced to not less than ten (10) feet in accordance with section 4.11.3. `Auaended 1-1-83
Maximum
StmctureheiAt
35 feet
35 feet
35 feet
35 feet
Staff believes this proposal meets the intent of the R-6 Zoning, which is consistent with the Land
Use Plan recommendation of Neighborhood Density. Avon Park I is also zoned R6 and this
proposal will be added to that development.
ZMA 07-05 Avon Park II 6
PC Public Hearing 10/16/07 BOS 11/14/07
Impact on Environmental, Cultural, and Historic Resources
Approximately 50% of the site, on the western half is wooded and there are significant grade
changes across the site, from elevations of 690 at the highest point near proposed Hathaway Street
and 590 near Avon Street Ext. The woods would be removed and the slopes graded in order to
accomplish the plan proposed. The existing vegetation located around the homes on the site is
proposed to remain. There are no environmental features shown on the County's Open Space Plan.
The Historic Preservation planner provided information regarding historic resources. Albemarle
County Real Estate records indicate that the existing dwelling on Tax Map 90, Parcel 31 was
constructed c. 1945 and is therefore considered historic. This resource has not been evaluated for
listing on the National or State historic registers. The applicant has indicated on the Site Plan Study
that the existing c. 2000 or later dwelling will be retained but the historic structure will be removed
because of its condition. Staff is requesting that the applicant provide documentation of the
resource, in accordance with the Department of Historic Resources (DHR) standards prior to its
removal, which they have agreed to provide. The Virginia Department of Historic Resources' (DHR)
Data Sharing System (DSS) also identified the Midvale School (DHR #002-1141), which is on the
adjoining property.
Anticipated impact on public facilities and services
Streets - The development will generate an additional 208 trips per day on Avon Street Extended
which provides primary access to the site. Traffic counts are not available at this location although
north of Mill Creek Drive; the street has 10,306 Average Daily Trips (ADT) with a Level of Service E.
Regarding Avon St. Extended, the hope is that the road can continue to function as a 2 -lane (with
turn lanes), lower speed (35-40 mph) road that can stay more in keeping with a neighborhood
oriented, multi -modal type of collector road. It was anticipated that east -west street connections
(Willoughby connector, Southern Parkway) would help distribute traffic to the larger regional road
network (Fifth Street, Route 20) that currently almost have to travel on Avon to reach almost any
city/university destination.
Some of VDOT and the County's initial comments regarding streets have been addressed, since
the applicant no longer proposes maintaining the existing drive from Avon Street Ext. into the
property. The request to allow Stratford Way as a private street is discussed below.
Schools - The development is expected to generate 8 students broken down as follows: 4
elementary school students, 2 middle school students, and 2 high school students. These students
will attend Cale Elementary School, Walton Middle School, and Monticello High School. Cale will
be renovated in 2006 to add classrooms. The renovation will replace the portable units currently in
use and also accommodates the growth from development of this adjoining site.
There is an additional elementary school proposed in the CIP for the Southern Urban Areas to
address growth in the Southern Urban Areas. At present, an elementary school is being considered
in conjunction with the Biscuit Run development.
Fire, Rescue, Police - Fire, Rescue, and Police facilities are located nearby in buildings south of I-
64. The Monticello Fire Station located near Monticello High School provides fire and rescue
services to the area. Albemarle County 5th Street Office Building is contains the County's Police
ZMA 07-05 Avon Park II 7
PC Public Hearing 10/16/07 BOS 11/14/07
Department, although the police patrol all areas of the County regardless of the location of the
station. No impact to these facilities is expected.
Utilities - Albemarle County Service Authority indicates that water and sewer service is available
to the site. Single family lots will be served by grinder pumps, which the ACSA does not have an
objection to and were approved in Avon Park I. Generally, grinder pumps are not recommended
because of private maintenance and easements are required. However, the easements have been
located in such a way that they do not cut across properties. (See Utility Plan, Sheet 3 -Application
Plan, Attachment E)
Anticipated impact on nearby and surrounding properties
This project is expected to be in keeping with the residential character of this area. The applicant
has mitigated all concerns raised by adjoining property owners that were raised at the August 14
work session.
Proffers
The applicant has submitted proffers (Attachment D) including a commitment to the application
plan, which are summarized below. The proffers have been reviewed by the County Attorney and
only minor changes are needed and there are outstanding substantive issues.
Affordable Housing- This proffer provides for four affordable units, identified as 21/22 and
23/24 on the application plan and proposed as multifamily units which may either be for -sale
or for -lease units. The affordable housing policy of providing 15% affordable, which is 4.5
units for this development, is met through provision of these four units and a cash
contribution is proffered for the 0.5 unit. These proffers are acceptable to the Housing
Director.
Cash Proffer- The applicant has proffered to meet the Board's cash proffer policy, by
proffering $343,000 to the County for mitigating impacts from this development. That
amount is equal to $11,900 per market rate townhome and $17,500 for each single family
unit.
Private Street Request
The Subdivision Ordinance specifies criteria for the Commission to approve a private street. The
applicant has requested a private street be approved under neighborhood model development
criteria of this section of ordinance for Stratford Way. (Attachment F) The street section proposed is
shown on sheet 2 of 3 of the application plan as a 33' ROW with two 11' travel lanes and
5`sidewalks behind the curb and is approximately 500' total, with about 230' section to the west and
a 260`section to the east. Street trees would be provided behind the sidewalk on individual lots. This
is a variation from the standard expected of curb, 6' planting strip, then a 5' foot sidewalk. The
applicant has indicated in their justification that this design is proposed to keep the existing house
on the property, to promote healthier trees and because of how water and sewer easements must
be located.
Staff has provided the ordinance criteria for authorizing private streets under Section 14-233A,
followed by comments below.
1. Neighborhood model development. The proposed private street(s) would enable the principles of
the neighborhood model to be more fully implemented than could be achieved with a public street,
without diminishing other principles of the neighborhood model, in the following circumstances:
(i) the subdivision would have a streetscape more consistent with the neighborhood model;
ZMA 07-05 Avon Park II
PC Public Hearing 10/16/07 BOS 11/14/07
The applicant has provided a private street that is narrower than a public street and will
have lower travel speeds. The arrangement of sidewalks and planting strips is not in
keeping with recommendations of the Neighborhood Model and is discussed under the
Planting Strip waiver section below.
(ii) the subdivision design would allow it to better achieve the density goals of the
comprehensive plan;
This design will allow density in keeping with the Land Use Plan.
(iii) rear vehicular access to buildings would be provided so that the buildings may face a
common amenity;
Rear vehicle access is not provided to the residential units. The subject parcel is rectangular
shaped and is not conducive to providing alleys.
(iv) a significant environmental resource would be protected; or
No significant environmental resources exist on the site.
(v) relegated parking would be provided to a greater extent than could otherwise be provided.
Relegated parking is not achieved to a greater extent and parking provided is front loaded,
mostly in garages.
Staff supports the proposed private street and recommends approval since the traffic on each
section of the private street will be very low and the streets will not interconnect.
Plantina Strin Waiver
The Subdivision Ordinance specifies criteria for the Commission to approve a waiver of the planting
strip requirement. Street trees are proposed on individual lots, behind the sidewalk. This is a
variation from the standard expected of curb, 6' planting strip, then a 5' foot sidewalk. The applicant
has indicated in their justification that this design will allow healthier trees and because of how
water and sewer easements must be located under pavement.
Staff has provided the ordinance criteria for granting a waiver of Planting Strips Section 14-222F(2)
followed by comments below.
(i) a waiver to allow a rural cross-section has been granted;
The applicant is proposing an urban section.
(ii) a sidewalk waiver has been granted;
The applicant proposes to provide the 5' sidewalk required by the ordinance.
(iii) reducing the size of or eliminating the planting strip promotes the goals of the
comprehensive plan, the neighborhood model, and the applicable neighborhood master plan;
and;
The street design proposed by the applicant will allow for greater density to be achieved
on a property in the development area; it does not , however, result in a form that greater
reflects principles of the Neighborhood Model.
(iv) waiving the requirement would enable a different principle of the neighborhood model to
be more fully achieved.
The waiver does not allow relegated parking to occur or to help buildings face the street.
ZMA 07-05 Avon Park II 9
PC Public Hearing 10/16/07 BOS 11/14/07
In approving a waiver, the commission shall find that requiring planting strips would not forward the
purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be
detrimental to the public health, safety or welfare, to the orderly development of the area, and to the
land adjacent thereto.
Street design that addresses character and appearance as well as design speed and
capacity are important in the Development Areas. Trees, usually planted in grassy strips of
land between the curb and the sidewalk, provide a softened appearance to streets and
enhance the quality of the walk for pedestrians. Trees also provide a barrier between the
pedestrian and a moving car.
Staff does not support this waiver. Planting strips located behind the curb provide a greater
sense of enclosure and this is important to creating a Neighborhood Model form of
development and providing for the pedestrian.
Summary
Staff has found the following factors favorable to this rezoning request:
1. The rezoning is consistent with the Land Use Plan recommendations.
2. The applicant has provided an application plan that meets Neighborhood Model
design expectations.
3. The applicant has provided affordable housing and cash proffers that meet County
Policy
Staff has found the following factors unfavorable to this request:
1. The applicant is proposing a street section that does not meet County requirements.
RECOMMENDATION
Staff recommends approval of ZMA 07-05 and the private street request with a waiver of the
planting strip requirement.
ATTACHMENTS
A. Aerial Map
B. Zoning Map
C. Land Use Plan
D. Proffer Form
E. Neighborhood Model -Neighborhood Friendly Streets & Paths sections
F. Private Road Justifications
G. Application Plan -Titled "Zoning Map Amendment for Avon Park II", prepared by Terra
Concepts, P.C., dated April 30, 2007 and last revised September 10, 2007
ZMA 07-05 Avon Park II 10
PC Public Hearing 10/16/07 BOS 11/14/07
ALBEMARLE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
Project Name: ZMA 07-05 Avon Park II
Staff: Rebecca Ragsdale
Planning Commission Work Session:
Planning Commission Public Hearing:
August 14, 2007
October 16, 2007
Board of Supervisors Public Hearing:
November 14, 2007
Owners: Weatherhill Development represented
Applicant: Terra Concepts represented by Mark
by Frank Pohl/Ian Bosserman
Keller
Acreage: 5.170
Rezone: R-1 to R-6 Residential
TMP: Tax Map 90, Parcel 31
By -right use: 5 dwelling units and up to 7
dwelling units with a density bonus, or other
supporting uses permitted in R-1 such as
schools, churches, and clubs by special use
permit.
Magisterial District: Scottsville
Proffers: Yes
Proposal: Rezone from R-1 to R-6 with a
Requested # of Dwelling Units: 31
proffered application plan to provide 31 single
family and townhouse dwelling units
DA (Development Area): Neighborhood 4
Comp. Plan Designation: Neighborhood
Density Residential
Character of Property: Two existing homes,
Use of Surrounding Properties: Single Family
outbuildings; approximately half of the site is
Residential
wooded
RECOMMENDATION: The Commission is asked to provide guidance on the proposed layout, the
private street request, and any other issues the Commission believes are important to resolve
before a public hearing.
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PC Work Session August 14, 2007
STAFF PERSON:
PLANNING COMMISSION:
ZMA 07-05 AVON PARK II
REBECCA RAGSDALE
August 14, 2007
Petition•
PROJECT: ZMA 2007-005 Avon Court II
PROPOSAL: Rezone 5.17 acres from R-1 Residential (1 unit/acre) to R-6 Residential (6 units/acre)
with a proffered application plan. The proposal is to allow development of 31 townhouse and single
family units.
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: Yes
LOCATION: Avon Street Extended, approx. 1,000 feet north of the intersection of Avon Street Ext.
and Route 20, south of existing Avon Court
TAX MAP/PARCEL: Tax Map 90, Parcel 31
MAGISTERIAL DISTRICT: Scottsville
The rezoning plan (Attachment A) shows the desired layout which contains townhouses at the
entrance, two streets or drives on the perimeter of the property with units and an amenity area
internal to the development. The amenity area contains passive and active areas. Stormwater
management is proposed under the "open green space" shown on the plan.
Planning and Zoning History
There is no rezoning, plan or subdivision history on this parcel. A special use permit (SP 03-48) for
a Home Occupation Class B (Randy E. Fox) was approved in 2003 for a small engine repair shop
but will not be continued on the property if this proposed rezoning is approved. The buildings in
which the home occupation is conducted will be removed.
Characteristics of the Site & Area
There are two existing homes on the site, one built after 2000 and one c. 1945 dwelling, and also
outbuildings, and mature trees. (See Sheet 1 -Attachment E) Adjoining properties to the north,
south, and east are single family residential and zoned R1. Parcels to the west are currently
wooded. Immediately adjacent to this site to the north is Avon Park I, which was a rezoning (ZMA
04-03), approved May 25, 2004 for 16 single family homes and 43 townhouse units. That project is
currently under construction, near completion with some units occupied. Nearby to the north are the
MillCreek Subdivision and Snows Garden Center, along with an Industrial Area. (Attachment A -
Aerial, B -Zoning Map, C -Land Use Plan)
By -Right Uses of the Site
The site is approximately 5 acres and is zoned R-1 which would potentially allow for 5 residential
units or up to 7 with bonus density and clustering provisions.
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PC Work Session August 14, 2007
Specifics of Proposal
Avon Park II is proposed as a continuation of the existing Avon Park project. This rezoning is for a
mixed residential development of 20 townhomes with two -car garages, four condo/apartments with
two -car garages, and four single family houses with two -car garages, along with the existing c. 2000
single family house to remain. The units would be served by an extension of Hathaway Street
(public road) in Avon Park and a private street that is requested. The front portion of the property,
adjacent to Avon Street Ext., will provide the open space and recreational area for the development.
(Attachment E -Application Plan) In addition to the plan and waiver request, the applicant has
submitted proffers indicating a commitment to provide 15% affordable housing and to provide cash
proffers per residential unit.
Conformity with the Comprehensive Plan
Land Use Plan
The Land Use plan designates this property as Neighborhood Density Residential in Neighborhood
4. (Attachment C) Applicable statements from the Comprehensive Plan relevant to this site are
identified below in italics. Staff comments relative to the recommendations of the Land Use Plan
follow each statement:
Neighborhood Density Residential
o Neighborhood Density Residential areas are intended to have a gross density of between 3
to 6 dwellings per acre. Neighborhood Density Residential may be located within the Urban
Area, Communities and Villages.
o Neighborhood Density Residential areas are intended to accommodate all dwelling unit
types as well as institutional uses such as places of worship, public and private schools, and
early childhood education centers including day care centers and preschools.
o It is anticipated that Neighborhood Density Residential areas will accommodate small areas
of non-residential land uses on the scale of Neighborhood Service, as defined later in this
chapter, to serve residential uses.
o Any new development within an existing subdivision shall be in keeping with the character
and density of the existing development.
o New developments adjacent to existing subdivisions or developments shall be developed at
higher densities and in a form in keeping with the Neighborhood Model to support infill
development efforts.
Avon Park II is proposed at a density of 6 dwelling units per acre, or 31 units on 5.1 acres, with one
house already existing. No non residential uses are proposed nor expected at this location. This
project is developing at a density and in a form that is in keeping with the Neighborhood Model and
adjacent development of Avon Park.
• Consider the recommendations of the Southern Charlottesville Transportation Study for this
Neighborhood
The primary recommendations of this study were the construction of east -west connecting roads
within Neighborhoods 4 and 5, including the Avon -Fifth Street Connector road (Southern Parkway),
Avon -Route 20 Connector road (constructed), and an Avon -Fifth Street connector road north of I-
64. The connectors south of 1-64 were considered higher priorities. This parcel does not provide an
opportunity for either of these connecting roads.
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• Due to increased development in this area, including the construction of the new Monticello
High School, upgrade Avon Street Extended and Route 20 and construct bicycle facilities and
walkways in conjunction with these upgrades. Determine the right-of-way requirements for these
road upgrades and obtain and/or reserve right-of-ways as necessary.
An asphalt path has been constructed on the west side of Avon Street from the Southern Parkway
to South Mill Creek. The CIP calls for a walkway to be constructed from the Southern Parkway to
the City limits within the next 5 years. No widening for bike lanes are planned or funded at this
time.
• Locate a library branch in or near Neighborhood Four.
The Jefferson -Madison Regional Library has proposed the construction of a new library in the
southern urban areas to adequately serve this area although there has not been any site selection
yet. The library needs approximately two acres of land for the 15,000 square foot facility. The
County owns large acreage near the high school and fire station off of Mill Creek Drive which may
be appropriate, although some of the property is hilly and not the best for development. Site
selection and land acquisition, if necessary, is scheduled for 2012/13 and construction in 2014/15.
A site near an east -west connector road would seem to be the best location so it would be
convenient to either Neighborhood 4 or 5. This site is in proximity to the Southern Parkway, once it
is built to Fifth Street.
• Participate with the City to construct the eastern branch of the southern water loop. This loop
will link the Avon Street and Pantops Mountain Water tanks and improve water distribution in
the Neighborhood. Build another smaller water tank on Avon Street to increase flow to
Neighborhoods 4 & 5.
The eastern branch of the southern loop is programmed in RWSA's CIP for construction in FY 09-
10.
• Provide additional water storage in the southern portion of the Neighborhood to support demand
and ensure adequate fire flow.
Storage tanks have been developed as part of Avon Park and Mosby Mountain development that
will provide water storage and address fire flow issues for this area.
• Extend the Biscuit Run Interceptor to provide capacity for the entire drainage basin.
The Biscuit Run interceptor was extended close to the Biscuit Run property as part of the
improvements provided to serve the Mosby Mountain development off of Fifth Street.
• New development and redevelopment along Route 20 and Avon Street Extended should be
designed in a manner that is sensitive to its location within the Monticello viewshed and
designation as Entrance Corridor Roadways.
The proposed development is not in the Monticello viewshed. The Architectural Review Board has
provided comments on the Application Plan.
Open Space Plan -- The County's Open Space Plan shows no significant environmental resources
on this property.
ZMA 07-05 Avon Park II 4
PC Work Session August 14, 2007
Principles of the Neighborhood Model -- Conformity with the Neighborhood Model is assessed
below:
Pedestrian
Sidewalks are shown along all streets, both public and private, internal to
Orientation
the development, connecting different buildings to the amenities and to
other buildings. Externally, no sidewalk is shown across the frontage of
Avon Street Extended. Staff recommends that the frontage improvements
across the site provide for a pedestrian path on Avon Street Ext.
Neighborhood
Street trees are shown for all streets proposed; however, street trees along
Friendly Streets
the private street (Stratford Way) are proposed behind the curb and
and Paths
sidewalk, which does not meet the desired street section.
Interconnected
Opportunities for north -south interconnections exist to adjoining properties
Streets and
and the development is being accessed via a planned interconnection
Transportation
approved with Avon Park, shown as Hathaway Street on the application
Networks
plan. (Attachment E) This interconnection is being extended to the Brooks
property to the south of this proposed development.
No interconnections have been provided for connecting to the adjoining
property to the north, the Spauls/Sadler property, which Avon Park and
proposed Avon Park II wrap around. However, the applicant is not
extending streets within the proposed development that would be adjacent
to this site.
Parks and Open
Proposed amenity and recreation areas comprise 1.69 acres or 33% of the
Space
site and are located on the front one-third of the property on Avon Street
Ext. This topic is included in the discussion section of the report below.
Neighborhood
Cale Elementary School, is the nearest center to this area and a place to
Centers
which the residential units can relate. However, it is a mile away. This area
is expected to relate to the adjoining center proposed in Biscuit Run under
review. This principle is met.
Buildings and
The scale of the buildings appears to be appropriate and this principle is
Spaces of Human
met. A site section is provided in the application plan.
Scale
Relegated Parking
Parking for residential units is provided in garages and guest parking is the
only parking provided outside of garages.
Mixture of Uses
Non-residential uses are not expected within this development and the
nearest non-residential use is a church approximately a quarter -mile to the
north on Avon Street Extended. A commercial center is approximately a
mile away at the intersection of Mill Creek Drive and Avon Street Extended.
No additional mixture of uses is recommended and this principle is met
with nearby uses.
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Mixture of Housing
The mixture of housing types is viewed as appropriate and the applicant
Types and
has committed that 15% of the units will be affordable.
Affordability
Redevelopment
The project represents redevelopment from low density rural residential to
higher density residential. The existing house on the site and outbuildings
closest to Avon Street will be demolished and the other existing house on
the property will remain and be integrated into Avon Park II.
Site Planning that
As previously indicated, the property has some topographical challenges
Respects Terrain
and slopes downward towards Avon Street. The applicant's proposal
appears to be sensitive to the site terrain, however staff feels the portion of
the project adjacent to the open sace area can be improved.
Clear Boundaries
Not applicable
with the Rural
Areas
Impacts
Environmental, Cultural, and Historic - Approximately 50% of the site, on the western
half is wooded and there are significant grade changes across the site, from elevations of 690 at the
highest point near proposed Hathaway Street and 590 near Avon Street Ext. The woods would be
removed and the slopes graded in order to accomplish the plan proposed. The existing vegetation
located around the homes on the site is proposed to remain. There are no environmental features
shown on the County's Open Space Plan.
The Historic Preservation planner provided information regarding historic resources. Albemarle
County Real Estate records indicate that the existing dwelling on Tax Map 90, Parcel 31 was
constructed c. 1945 and is therefore considered historic. This resource has not been evaluated for
listing on the National or State historic registers. The applicant has indicated on the Site Plan Study
that the existing c. 2000 or later dwelling will be retained but the historic structure will be removed
because of its condition. Staff is requesting that the applicant provide documentation of the
resource, in accordance with the Department of Historic Resources (DHR) standards prior to its
removal The Virginia Department of Historic Resources' (DHR) Data Sharing System (DSS) also
identified the Midvale School (DHR #002-1141), which is on the adjoining property.
Streets - The development will generate an additional 208 trips per day on Avon Street Extended
which provides primary access to the site. Traffic counts are not available at this location although
north of Mill Creek Drive; the street has 10,306 Average Daily Trips (ADT) with a Level of Service E.
Regarding Avon St. Extended, the hope is that the road can continue to function as a 2 -lane (with
turn lanes), lower speed (35-40 mph) road that can stay more in keeping with a neighborhood
oriented, multi -modal type of collector road. It was anticipated that east -west street connections
(Willoughby connector, Southern Parkway) would help distribute traffic to the larger regional road
network (Fifth Street, Route 20) that currently almost have to travel on Avon to reach almost any
city/university destination.
Some of VDOT and the County's initial comments regarding streets have been addressed, since
the applicant no longer proposes maintaining the existing drive from Avon Street Ext. into the
property. County Engineering has noted that the private street requires more information and the
request should reference section 14-233, and have earthwork and alignment information for the
public road comparison as that section requires.
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Schools - The development is expected to generate 8 students broken down as follows: 4
elementary school students, 2 middle school students, and 2 high school students. These students
will attend Cale Elementary School, Walton Middle School, and Monticello High School. Cale will
be renovated in 2006 to add classrooms. The renovation will replace the portable units currently in
use and also accommodates the growth from development of this adjoining site.
There is an additional elementary school proposed in the CIP for the Southern Urban Areas to
address growth in the Southern Urban Areas. At present, an elementary school is being considered
in conjunction with the Biscuit Run development.
Fire, Rescue, Police - Fire, Rescue, and Police facilities are located nearby in buildings south
of 1-64. The Monticello Fire Station located near Monticello High School provides fire and rescue
services to the area. Albemarle County 5t" Street Office Building is contains the County's Police
Department, although the police patrol all areas of the County regardless of the location of the
station. No impact to these facilities is expected.
Utilities - Albemarle County Service Authority indicates that water and sewer service is available
to the site. Single family lots will be served by grinder pumps, which the ACSA does not have an
objection to and were approved in Avon Park I. Generally, grinder pumps are not recommended
because of private maintenance and easements are required. However, the easements have been
located in such a way that they do not cut across properties. (See Utility Plan, Sheet 3 -Application
Plan, Attachment E)
Affordable Housing -The proposal includes 30 units and the expectation of providing 15% of
those units as affordable is 4.5 units.
Entrance Corridor -The design planner has reviewed the applicant's proposal for impacts to the
Entrance Corridor of Avon Street Ext. Initial comments requested changes to the EC frontage
treatment in the open space/recreation area of the site and to landscaping, along with a site section
to better understand the proposal in relation to the Entrance Corridor. The applicant submitted
revisions addressing these comments and the Design Planner has indicated that the treatment
along the EC appears to be acceptable and specific comments regarding landscaping and the
hammerhead area have been provided:
o The landscaping comment was addressed in part by the addition of "low" shrubs at the
hammerhead. Planting at the hammerhead is appropriate, but the double row of low shrubs
may present an appearance that is so formal and consistent that it draws additional attention
to the spot. A mix of trees and shrubs may be more appropriate. A note indicating "mixed
trees and shrubs" could suffice at this stage of review, with specific plant types, species,
size, spacing, etc. to be reviewed at the site plan review stage.
o The landscaping comment was also addressed in part by the addition of three trees behind
units 17-19. Trees were not added behind units 9-16 due to the proposed slope and a
proposed "cabled utility easement" in that location. The visibility of units 9-16 from the EC is
questionable. They are distant from the EC and would only be visible for a short period of
time due to the curve in the road and trees on the adjacent properties. The addition of trees
in this area would help integrate the buildings into the surrounding environment, but given
the questionable visibility from the EC and the trees added at units 17-19, no additional
changes are recommended.
o Revise the "low shrubs on slope" note and the corresponding shrub symbols to indicate
"mixed trees and shrubs" between the two trees illustrated east of the Stratford Way
hammerhead.
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PC Work Session August 14, 2007
PROFFERS
The applicant has submitted proffers (Attachment D) including a commitment to the application
plan, which are summarized here with staff comments noted:
1. Affordable Housing- This proffer provides for four affordable units, identified as 21/22 and
23/24 on the application plan and are proposed as stacked flats. The affordable housing
policy of providing 15% affordable, which is 4.5 units for this development, is intended to be
met through provision of these four units and a cash contribution for the required 0.5 unit.
This is acceptable to the Housing Director. However, the applicant has not yet provided for the
cash contribution in the proffers and the term for the rental unit should be revised to provided for
10 instead of 5 years.
2. Cash Proffer- The applicant has proffered to provide $10,900 for each market rate
townhome/condo unit, which is 20 units, and $16,500 for each single family detached unit,
which is six units. This is a total of $317,000.
The applicant is seeking credit for Neighborhood Mode design and is proffering less than the
Board's cash proffer policy expectations which are:
Single Family Detached -- $17,500
Single Family Attached/Townhouse -- $11,900
Multifamily -- $12,400
Staff recommends that the cash proffers be revised consistent with the Board's policy, which does
not provide credits for Neighborhood Model design which is an expectation for all developments.
This would mean an increase to $343,000.
QUESTIONS FOR THE COMMISSION
Question for the Commission: Is the layout and design appropriate?
In general, the development provides a logical expansion of the existing Avon Park development.
Access is proposed through the existing Avon Park and no new access is proposed from Avon
Street Extended. The additional units conform with the Neighborhood Model by providing three
different types of housing and extending a public street to an adjoining property to the south.
Staff has several concerns with the layout, though. First, Stratford Way ends at a hammerhead that
is bordered by two new house sites and an existing house. Access to the proposed lot 28 has to
circle around Lot 31. This accessway is proposed to also function as a pedestrian path to the open
space/amenity area. Staff believes that this layout is undesirable and suggests that a different
housing type be proposed where Lots 27, 28, and 31 are shown. Staff understands that such a
change could be problematic to the applicant given the fact that he desires to retain the existing
house on Lot 31 because it was so recently constructed.
Second, the proposed amenity and recreation area is located adjacent to Avon Street Extended
rather than within the development. The applicant has said that this location is better because the
topography makes it difficult to connect the western and eastern parts of the development by
roadway. The distance from the townhouse lots 1 — 16 is not terribly far (less than a quarter mile),
but for children in these units, walking through what is essentially an alley (Stratford Way) and
ZMA 07-05 Avon Park II
PC Work Session August 14, 2007
sharing a walkway with the driveway for Lots 31 and 28 is not desirable. Also, the applicant is not
proposing a tot lot as required by the ordinance and is requesting a substitution for the proposed
amenities shown on the plan from the Director of Planning.
Third, the arrangement of units along Stratford Way places the fronts of houses along what will
appear to be an alley because of the entry way with a parking lot that ends in a hammerhead. Staff
believes that if the units on Lots 27, 28, and 31 were townhouses and townhouse lots 17 — 24 were
single-family lots, Stratford Way might be able to operate more as a street and less as an alley.
Question for the Commission: Does the Commission support Stratford Way as
a private street?
Stratford Way is proposed as a private street with a 33' right-of-way, two travel lanes of 11' and
sidewalks. There are no street trees proposed and the applicant has indicated they would be
provided behind the curb on the private properties. Stratford Way provides primary access to all
residential units proposed within the development and should meet the desired street section,
providing for street trees between the curb and sidewalk. Since the street is not expected to
interconnect to adjoining properties and the public road interconnection is provided through the site
with Hathaway Street, staff can support the private road request, if the appropriate street section is
provided.
Other issues in need of resolution after the Commission meeting
Staff notes that this proposal is not yet in final form and there will need to be revisions to meet
subdivision and zoning ordinance requirements. Hathaway Street will need to be extended to the
adjoining property and the grading will have to be revised behind Lots 15 and 16 (at a minimum) to
accommodate this extension. Cash proffers will need to be revised to reflect the Board's current
proffer policy. The affordable housing cash contribution will need to be finalized.
RECOMMENDATION
The Commission is asked to provide guidance on the proposed layout, the private street request,
and any other issues the Commission believes are important to resolve before a public hearing.
ATTACHMENTS
Attachment A — Aerial Map
Attachment B — Zoning Map
Attachment C — Land Use Plan
Attachment D — Proffers
Attachment E -Application Plan -Titled "Zoning Map Amendment for Avon Park II", prepared by
Terra Concepts, P.C., dated April 30, 2007 and last revised July 16, 2007.
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