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Home My WebLink AboutSDP201400024 Executive Summary 2014-03-10 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ZMA201200004, Avon Park II December 11, 2013 SUBJECT/PROPOSAL/REQUEST: ACTION: X INFORMATION: Request to rezone 5.262 acres from R-6 residential zoning district to PRD, planned CONSENT AGENDA: residential district zoning district to allow 32 ACTION: INFORMATION: maximum residential units. STAFF CONTACT(S): ATTACHMENTS: YES Cilimberg, Benish, Grant LEGAL REVIEW: NO BACKGROUND: On September 11, 2013, the Board of Supervisors held a public hearing for the Avon Park II rezoning request. The Board, by a vote of 6:0, deferred ZMA201200004 with proffers, to December 9th in order to give the applicant time to address concerns from adjacent residents regarding this rezoning request. Staff and the Planning Commission had recommended approval of the rezoning request. DISCUSSION: The applicant has provided the following revisions to the application plan (Attachment A): • The townhouses shown as lots 8— 10 have been relocated from the northeast corner to the southwest corner of the intersection of Hathaway Street and Stratford Way. • Lot widths, street parking, and street tree locations have all been adjusted to accommodate the relocation of the townhouses. • Additional street lighting is now provided for the streets and path to the tot lot. • Side setbacks have been increased from 5 feet to 7.5 feet for lots adjacent to the existing Avon Park I houses. • A landscape buffer is added to the north side of the project,adjacent to the existing Avon Park I residences. Also in reference to maintaining the existing landscape buffer on the north side of the project adjacent to Avon Park 1, a note has been added regarding`the Saving of existing trees if -possible. • The cover sheet of the plan has a revised parking schedule and bedroom table to reflect relocated lots and a revised note now indicates that street lighting is provided. The following summarize the revisions to the proffers (Attachment B), exclusive of minor technical revisions: • Proffers 1 and 2, the affordable housing proffers, have been revised to reflect the revised lot numbers. • Proffer 3, regarding the cash contribution to mitigate fiscal impacts, has been revised to show a credit for 5 by-right units, which was the number of by-right units that could be developed under the R-1 zoning of the site before it was amended to R-6 when ZMA 2007-00005 was approved on November 14, 2007. The proffers accepted in conjunction with ZMA 2007-00005 did not provide a credit for the by- right units allowed under the prior R-1 zoning. Staff has verified that 5 units could have been constructed on the site under the R-1 zoning. • Proffer 6 has been added to address overlot grading concerns to require that all grading be conducted pursuant to an overlot grading plan approved by the County Engineer. As discussed by the Board, the applicant has met with the adjacent neighbors regarding their concerns about the pending development and has addressed the neighbors' concerns. It is staffs understanding that ZMA 201200004 BOS December 11, 2013 Executive Summary Page 1 °+rte the neighbors are satisfied with the revisions proposed by the applicant. Staff has reviewed the applicant's revisions and finds them satisfactory with the exception of the credit for cash proffers option that goes back to a couple prior rezoning requests, proposed by the applicant. The applicant has also provided Attachment C, the proffers without a credit for the by-right units, as an option. This is an issue the Board will need to address. RECOMMENDATIONS: If the Board is satisfied with the applicant's revisions, including the by-right development credit for the by-right units predating the current zoning, staff recommends approval of ZMA2012-00004 with the attached proffers and application plan. (See Attachments A and B) ATTACHMENTS: Attachment A: Application plan, dated August 20, 2012, revised October 25, 2013 Attachment B: Proffers, dated December 2, 2013 Attachment C: Proffers, dated November 21, 2013 PC minutes Return to agenda ZMA 201200004 BOS December 11,2013 Executive Summary Page 2 COUNTY OF ALBEMARLE ciLie,Luubci EXECUTIVE SUMMARY ApplineirTA fact 01_,%4 AGENDA TITLE: AGENDA DATE: ZMA201200004, Avon Park I I September 11, 2013 SUBJECT/PROPOSAL/REQUEST: ACTION: X INFORMATION: Request to rezone 5.262 acres from R-6 residential zoning district to PRD, planned CONSENT AGENDA: residential district zoning district to allow 32 ACTION: INFORMATION: maximum residential units. STAFF CONTACT(S): ATTACHMENTS: YES Cilimberg, Benish, Grant LEGAL REVIEW: NO BACKGROUND: On March 19, 2013, the Planning Commission held a public hearing for the Avon Park II rezoning request. The Commission, by a vote of 6:1, recommended approval of ZMA201200004 with proffers,to be amended, as follows prior to the Board of Supervisors hearing. 1. The 5th proffer regarding Certificate of Occupancy or replacement proffer regarding plats is not necessary because the platting is already a requirement of the Subdivision Ordinance. Eliminate the 5th proffer. 2. The applicant needs to provide a proffer restricting uses to those that are residential plus what staff feels is necessary to continue to have for the PRD district. 3. In addition to the technical fixes to the proffers identified by staff,the applicant should work with the adjacent neighbors regarding the fence type (to be installed along the site boundary) DISCUSSION: The attached proffers have been revised to reflect the changes recommended by the Planning Commission and staff. (See Attachment II) The following reflects revisions to the proffers: • The 5th proffer regarding Certificate of Occupancy or replacement proffer regarding plats has been eliminated. (as noted in number 1 above) • A new proffer 5 has been added to restrict uses to those that are residential plus what staff feels is necessary for the PRD district (as noted in number 2 above). Those uses (special uses) restricted include day care, fire and rescue squad stations, rest home, electrical power substations, home occupation, Class B, churches, swim, golf, tennis or similar athletic facilities, professional offices, Tier III personal wireless service facilities, historical centers, and farmer's markets. • Additional technical fixes/corrections have been made to the proffers (as noted in number 3 above). These include: • The affordable housing proffers (1 and 2) have been simplified as recommended by the Director of Housing and Planning Commission. The affordable units will be 6 apartments located within 6 townhouse units (one floor of a three story townhouse) and function like an accessory unit. Because of this unit type, previous language in the proffer referring to either"for sale" or"for rent" units is not necessary and has been eliminated. The applicant has also eliminated the option of providing cash in lieu of constructing affordable units. The six affordable units will therefore be constructed within the townhouse units. ZMA 201200004 BOS September 11, 2013 Executive Summary Page 1 • Proffer 3 remains the same and there is no comment. • Proffer 4 has been revised to provide additional information regarding erosion and sediment control per the suggestion and to the satisfaction of the County Engineer. As recommended by the Commission, the applicant has met with the adjacent neighbors regarding the .fence type to be used along the border of the development. The details of the fence have been reviewed with the neighbors again to make sure they address any concerns and the plans reflect what was agreed with the neighbors. The neighbors are satisfied with the current fence details/design, The application plan has also been revised per the request of adjacent property owners in Avon Park I for the changes to the setbacks as follows: (jots 1-4 rear setbacks increased to 30-ft from 20-ft and lot 9/10 increased .side setback to 20ft from 15-ft).'(See Attachment III) RECOMMENDATIONS: Staff and the Planning Commission recommend approval of ZMA201200004 with the attached, revised proffers, and plan based on the information provided, as described above. (See Attachments II and III) ATTACHMENTS: Attachment I: Planning Commission staff report, dated March 19, 2013 Attachment II: Proffers, dated August 30, 2013 Attachment III: Plan, dated August 20, 2012, and revised August 30, 2013 (on file) PC minutes Return to agenda ZMA 201200004 BOS September 11, 2013 Executive Summary Page 2