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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
April 23, 2013
Vito Cetta
1730 Owensville Dr.
Charlottesville,Va. 22901
RE: ZMA201 200004/Avon Park II
TAX MAP/PARCEL: 09000000003100
Dear Mr. Cetta:
The Albemarle County Planning Commission, at its meeting on March 19, 2013, by a vote of 6:1,
recommended approval as recommended by staff with proffers, as amended, as follows to be worked out
between the applicant and staff before the Board of Supervisors hearing.
Please note that this approval is subject to the following conditions:
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. In addition, beyond the technical fixes to the proffer the applicant should work with the adjacent
neighbors regarding the fence type; and
3. The applicant provide a proffer restricting uses to those that are residential plus what staff feels is
necessary to continue to have for the PRD district as part of the work to be done between now and
the Board of Supervisors hearing.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on June 12, 2013.
View staff report and attachments
Return to exec summary
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at(434)296-5832.
Sincerely,
Claudette Grant
Senior Planner
Planning Division
Cc Bellevue Real Estate LLC
16 Piney Glen Ct.
Potomac, MD. 20854
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 201200004 Avon Park II Staff: Claudette Grant
Planning Commission Public Hearing: Board of Supervisors Public Hearing: To Be
March19, 2013 Determined
Owners: Bellevue Real Estate, LLC Applicant: Bellevue Real Estate, LLC. Contact
Vito Cetta
Acreage: Approximately 5.262 acres Rezone from: R-6 residential to PRD planned
residential district with proffers.
TMP: Tax Map Parcel(s) 09000-00-00-03100 By-right use: The R-6 district allows residential
(See Attachments A and B) uses at a density of(6 units/acre).
Location: 1960 Avon Street Extended.
Approximately 1000 feet north of the intersection
of Avon Street Extended and Route 20, south of
existing Avon Court.
Magisterial District: Scottsville Proffers: Yes
Proposal: Rezone 5.262 acres from R-6, Requested #of Dwelling Units: —32
residential zoning district to PRD, planned
residential district zoning district. 32 maximum
units proposed for a density of 6 units/acre. (See
Attachment C)
DA (Development Area): Neighborhood 4 Comp. Plan Designation: Neighborhood
Density Residential—residential (3—6
units/acre) supporting uses such as religious
institutions, schools and other small-scale non-
residential uses.
Character of Property: The property consists Use of Surrounding Properties: Adjoining
of two existing houses and surrounded by properties to the north, south, and east are
several outbuildings; approximately half of the single family residences and zoned R-6 and R-
site is wooded. 1. Parcels to the west are currently wooded.
Immediately adjacent and to the north of the
subject property is Avon Park I, a recently built
residential development which was approved on
May 25, 2004 for 16 single family houses and 43
townhouse units (ZMA 04-03).
Factors Favorable: Factors Unfavorable:
1. The rezoning request would be 1. Arden Drive, the only road access for
consistent with the Comprehensive Plan. this proposed development, is not
2. The use is consistent with the uses completed, has not been constructed
permitted under the existing PRD zoning adequately and cannot be accepted into
district and the prior zoning approved on the state secondary system at this time.
the site. 2. The proffers need to be technically
3. This rezoning request would provide revised.
additional residential opportunities for
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PC Public Hearing 3/19/2013
residents in this portion of the County.
RECOMMENDATION: If the proffers can be adequately and technically revised as recommended
by staff, staff can recommend approval of rezoning ZMA201200004, Avon Park II with revised
proffers.
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PC Public Hearing 3/19/2013
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STAFF PERSON: Claudette Grant
PLANNING COMMISSION: March 19, 2013
BOARD OF SUPERVISORS: To Be Determined
ZMA 201200004 Avon Park II
PETITION
PROJECT: ZMA201200004/Avon Park II
PROPOSAL: Rezone 5.262 acres from R-6 zoning district which allows residential uses at a density of
6 units per acre to PRD zoning district which allows residential uses with limited commercial uses at a
density of 3 - 34 units/acre. 32 maximum units proposed for a density of 6 units/acre.
ENTRANCE CORRIDOR: Yes
PROFFERS: Yes
COMPREHENSIVE PLAN: Neighborhood Density Residential - residential (3-6 units/acre); supporting
uses such as religious institutions, schools, and other small-scale non-residential uses.
LOCATION: 1960 Avon Street Extended. Approximately 1000 feet north of the intersection of Avon
Street Extended and Route 20, south of existing Avon Court.
TAX MAP/PARCEL: 09000000003100
MAGISTERIAL DISTRICT: Scottsville
CHARACTER OF THE AREA
This area is primarily developed of single family residential units. The surrounding area is also quite
wooded with some mature trees. Nearby and to the north are the MillCreek South Subdivision and
Snows Garden Center, along with an Industrial Area.
SPECIFICS OF THE PROPOSAL
The Board of Supervisors approved a rezoning application (ZMA2007-00005, Avon Park II) on
November 14, 2007 inclusive of 7 single family detached units and 24 condominiums/townhouse units.
The applicant is proposing to revise and rezone the plan approved with ZMA2007-00005 by increasing
the total number of residential units by one unit, to 32, changing the number of unit types to 20 single
family detached units and 6 condominium/townhouses inclusive of 6 apartments, and an existing house
on the property that was approved to remain will now be demolished. The applicant is also requesting
to rezone the subject parcel from R-6 to PRD zoning because the PRD zoning district will allow greater
flexibility for lot sizes and setbacks, which will achieve the density recommended in the Comprehensive
Plan.
Several years have gone by and the applicant has had difficulty marketing and selling the approved
development. The applicant believes this proposed revision and rezoning will provide a better
development and be more economically feasible. There are no major changes to the form and layout of
the plan from the previous approved plan, and staff can support the proposed changes provided the
issues related to road access, which are addressed later in this report, are addressed.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
As mentioned above, the original rezoning was approved for a mix of 31 residential units, which
focused more on the development of condominium/townhouse units. The applicant believes the real
estate market has changed to a point in which single family detached units will do better economically
than townhouses. As a result, the applicant is requesting this rezoning in hopes that the revised
residential unit types will be more marketable and that there will be some flexibility regarding lot sizes
and setbacks allowing him to achieve the density recommended in the Comprehensive Plan.
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PC Public Hearing 3/19/2013
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PLANNING AND ZONING HISTORY
• 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.
• A Home Occupation Class A (HO200600229) was approved in 2006 for an office use for a
custom woodwork and painting business.
• ZMA2007-00005 was approved in 2007.
• SDP2007-00147, the final site plan was approved in 2008.
• SUB2008-00027 was approved in 2008.
COMPREHENSIVE PLAN
Land Use Plan: The purpose/intent of the Neighborhood Density designation is to provide for a gross
residential density of three (3) to six (6) dwelling units per acre, a range of dwelling unit types, and
neighborhood-scale non-residential uses.
The County's Open Space Plan shows no significant environmental resources on this property.
The proposed rezoning is consistent with the Comprehensive Plan designation. The proposed 32 units
on 5.262 acres maintain a density of approximately 6 dwelling units per acre. Non residential uses are
not proposed or expected at this location. As previously approved, this rezoning request is proposed to
develop at a density and in a form that is in keeping with the Neighborhood Model and adjacent
development of Avon Park I.
The Neighborhood Model: The applicant is proposing to revise the number of single family detached
units and townhouses from the approved plan, continuing to provide the same housing types as
approved. The proposed plan shows no significant changes from the approved plan design and layout.
As a result, an analysis for consistency with the Neighborhood Model was not done for this proposal
since an analysis for consistency with the Neighborhood Model was done with the approved plan.
Economic Vitality Action Plan
The primary goal of the County's Economic Vitality Action Plan is to:
Increase the County's economic vitality and future revenues through economic development by
expanding the commercial tax base and supporting the creation of quality jobs for local residents.
This Plan is developed for the benefit and economic well being, first, of current local residents and
existing local businesses.
The proposed Avon Park II rezoning (residential use) would support the Plan by providing additional
employment and residences for the local community.
Relationship between the application and the purpose and intent of the requested zoning
district
The PRD district is intended to encourage sensitivity toward the natural characteristics of the site and
toward impact on the surrounding area in land development. More specifically, the PRD is intended to
promote economical and efficient land use, an improved level of amenities, appropriate and
harmonious physical development, and creative design consistent with the best interest of the county
and the area in which it is located. The PRD provides for flexibility and variety of development for
residential purposes and uses ancillary thereto.
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Staff believes the proposal is consistent with the intent of the district and does serve as an appropriate
residential use within the County and is consistent with the Land Use Plan recommendation of
Neighborhood Density.
Anticipated impact on public facilities and services
Streets:
Arden Drive, which serves as access for the developed Avon Park I and proposed Avon Park I I has not
met all the necessary design requirements for the State and County, and the developer has gone out of
business. In addition, the road was built incorrectly at its entrance onto Avon Street Extended (Rt. 742),
such that it drains across the public road. The inlets and stormwater management are therefore not
functioning, and the neighbor on the opposite side of Avon Street has stated his concern with the
damage that has occurred to his property. It is recommended that no further development be approved
on or served by Arden Drive until this matter is satisfactorily resolved. (See Attachment H for
engineering comments)The applicant has provided a proffer which attempts to address this issue;
however, staff believes this proffer does not adequately address the issue. The County has been forced
to call the bonds, and the County has had difficulty obtaining bond payment from the insurance
company. This process is ongoing. See additional discussion regarding the proffers in the proffer
section of this report. (See Attachment G for proffers)
Schools:
Students living in this area would attend Cale Elementary School, Walton Middle School, and
Monticello High School.
Fire and Rescue:
The Monticello Fire Station located near Monticello High School provides fire and rescue services to the
area. Fire/Rescue has no objection with this development as proposed.
Utilities:
The site is serviced by public water and sewer. No immediate or significant service capacity issues
have been identified by Rivanna Water and Sewer Authority (RWSA). (See Attachment E)
Albemarle County Service Authority (ACSA) comments are attached (See Attachment F)
Anticipated impact on environmental, cultural and historic resources
As stated in the ZMA200700005 staff report 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.
As described in the ZMA200700005 staff report 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. Staff expects the applicant to still provide this previously agreed
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PC Public Hearing 3/19/2013
upon information.
Anticipated impact on nearby and surrounding properties
This project is expected to be in keeping with the residential character of this area. With appropriate
revisions to the proposed proffers, staff believes possible impacts on nearby and surrounding
properties related to street and stormwater issues can be mitigated.
Public need and justification for the change
The proposed rezoning will provide additional employment and residential opportunities for the local
community.
PROFFERS
The applicant has provided proffers which are summarized below.
The applicant has made a commitment to provide 6 affordable housing units for lease or sale. The
applicant has also provided the County an option for cash in lieu of the affordable units. Cash proffers
are provided for each dwelling unit constructed within this development. The applicant has also agreed
to provide additional erosion and sediment control measures. Lastly, because of the substandard
condition of the access road, the applicant has offered a proffer that states no certificates of occupancy
will be issued until the drainage issues related to the Arden Drive (the entry road) intersection with Avon
Street Extended has been resolved. (See Attachment G)
Staff has the following concerns and suggestions related to the proffers:
1. If the 6 proposed accessory units are intended to be the affordable units, then the
language "for-sale" and "for-rent" units is not necessary. Staff suggests the proffer
language be kept simple.
2. Proffer 4 regarding erosion control should refer to the County Engineer or the
Engineering Division rather than department.
3. Proffer 5 conditions resolution of the Arden Drive issue on the first certificate of
occupancy. This is not a preferred position for the County. When a property is sold and
ready to be occupied, the County is dealing with a homeowner, and denying access to
the homeowner's home. It would be preferable to condition building permit issuance, and
to specify that resolution is to the satisfactionfof the County and VDOT.
In conclusion, while staff believes there should be no additional development approvals for properties
accessing Arden Drive until the road is completed, deficiencies corrected, and the road can be
accepted into the state secondary system, if the proffers are adequately revised as previously
recommended above, then staff could support the rezoning request.
SUMMARY
Staff has identified the following factors, which are favorable to this request:
1. The rezoning request would be consistent with the Comprehensive Plan.
2. The use is consistent with the uses permitted under the existing PRD zoning
district and the prior zoning approval on this site.
3. This rezoning request would provide additional residential opportunities for
residents in this portion of the County.
Staff has identified the following factors which are unfavorable to this request:
1. Arden Drive, the only road access for this proposed development, needs to be
completed adequately.
2. The proffers need to be technically revised.
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PC Public Hearing 3/19/2013
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RECOMMENDATION
If the proffers can be adequately and technically revised as recommended by staff, staff can
recommend approval of rezoning ZMA201200004, Avon Park II with revised proffers.
ATTACHMENTS
ATTACHMENT A—Tax Map
ATTACHMENT B—Vicinity Map
ATTACHMENT C—Application Plan, dated 08/20/12, and revised 01/07/13
ATTACHMENT D— Electronic Mail from Megan Olevnik, dated February 1, 2013
ATTACHMENT E— Electronic Mail from Victoria Fort, dated September 19, 2012
ATTACHMENT F— Electronic Mail from Alex Morrison, dated October 3, 2012
ATTACHMENT G — Proffers, dated March 2013
ATTACHMENT H — Memorandum from Glenn Brooks, dated September 18, 2012, and revised March
March 5, 2013
PLANNING COMMISSION MOTION:
A. If the ZMA is recommended for approval: Move to recommend approval of ZMA201200004 with
proffers as recommended by staff.
B. If the ZMA is recommended for denial: Move to recommend denial of ZMA20120004 with the
reasons for denial.
Return to PC actions letter
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