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HomeMy WebLinkAboutZMA201200004 Executive Summary 2013-09-11COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA201200004, Avon Park II SUBJECT /PROPOSAL /REQUEST: Request to rezone 5.262 acres from R -6 residential zoning district to PRD, planned residential district zoning district to allow 32 maximum residential units. STAFF CONTACT(S): Cilimberg, Benish, Grant NO AGENDA DATE: September 11, 2013 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: YES 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 5" 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 5" 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 5" 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 • 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: (lots 1 -4 rear setbacks increased to 30 -ft from 20 -ft and lot 9/10 increased side setback to 20 -ft 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 ZMA 201200004 BOS September 11, 2013 Executive Summary Page 2