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ZMA201300016 Staff Report
COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 201300016, Avinity II Staff: Megan Yaniglos Planning Commission Public Hearing: Board of Supervisors Public Hearing: August 19, 2014 To be Determined Owner(s): Avon Properties, LLC Applicant: Avon Properties, LLC; Riverbend Management, Alan Taylor with Scott Collins, Collins Engineering, as the contact. Acreage: 11.886 acres Rezone from: Rezone TMP 91 -16A, 91 -16C, and 91- 16E, a total of 11.886 acres, from R1 Residential zoning district to Planned Residential District (PRD). Also, request to amend the section of the application plan for Avinity I Phase IV from approved ZMA2006- 005 zoned PRD. TMP: 091000000016A0, 091000000016CO3 By -right use: R1 Residential zoning district which 091000000016E0, 09100000001400(portion) allows residential density (1 unit/acre) and Planned Location: 2085 Avinity Loop which intersects Residential District (PRD) which allows residential (3- Route 742 Avon Street Extended; Rezoning also 34 units /acre) with limited commercial uses. includes properties adjacent to Route 20 Scottsville Road (Attachment A Magisterial District: Scottsville Proffers: Yes Proposal: Rezone a total of 11.886 acres to permit Requested # of Dwelling Units: Maximum 145 development of 102 maximum residential units, including townhouses and attached and detached single family. Avinity I Phase portion proposed to be amended to replace 24 -unit condominium building with a maximum of eight townhouses. (Attachment B) DA (Development Area): Neighborhood 4 Comprehensive Plan Designation: Urban Density Residential (6.01 -34 units /acre) and supporting uses such as religious institutions, schools, commercial, office and service uses. Character of Property: Mostly wooded and Use of Surrounding Properties: Cale Elementary undeveloped School, residential, Kappa Sigma, non - residential Factors Favorable: Factors Unfavorable: ZMA request: ZMA request: 1. The density and housing types proposed for 1. While a public interconnection to Route 20 is the development of the property is not being provided at this time, consistent with the land use accommodation for a future connection has recommendations in the Comprehensive been provided. This minimally meets inter - Plan and the goals for development in the connectivity goals of the plan, but due to County. topography and entrance spacing issues is 2. Future interconnections are shown to acceptable to staff. adjacent properties. 2. The County Engineer has found that the existing roads in Avinity I are currently not adequate to carry the traffic generated by Avinity II. Improvements necessary to mitigate the impacts need to be addressed by the applicant before the internal road system can be found adequate to serve the proposal. RECOMMENDATION: Staff recommends approval of this proposal provided certain changes are made in the application plan and ZMA 2013 - 00016, Avinity 11 Planning Commission Public Hearing, August 19`h, 2014 Staff Report, Page 1 proffers: 1. Improvements necessary to mitigate the impacts from Avinity II onto Avinity I roads need to be addressed by the applicant in coordination with the County Engineer. 2. An easement for Phase I for future public access on the existing streets needs to be addressed. 3. Technical revisions should be made to the proffers based on comments received by the Deputy County Attorney and the Housing Director. If the Planning Commission recommends approval of the rezoning request, Staff can recommend approval of the following modifications: 1. Approval of the private streets under § 14 -233 with conditions 2. Variation or Exception of the planting strip requirement under § 14 -422 (F) with conditions 3. Modification of the building separation under § 18- 8.2(b)(4). (Attachment F) ZMA 2013 - 00016, Avinity 11 Planning Commission Public Hearing, August 19`h, 2014 Staff Report, Page 2 STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: ZMA 2013 - 00016, Avinity II Megan Yaniglos August 19, 2014 To Be Determined PETITION PROJECT: ZMA201300016- Avinity II MAGISTERIAL DISTRICT: Scottsville TAX MAP /PARCELS: 091000000016A0, 091000000016CO3 091000000016E0, 09100000001400(portion) LOCATION: 2085 Avinity Loop which intersects Route 742 Avon Street Extended; Rezoning also includes properties adjacent to Route 20 Scottsville Road PROPOSAL: Rezone a total of 11.886 acres to permit development of 102 maximum residential units, including townhouses and attached and detached single family. Avinity I Phase portion proposed to be amended to replace 24 -unit condominium building with a maximum of eight townhouses. PETITION: Rezone 11.886 acres from R1 Residential zoning district which allows residential density (1 unit /acre) to Planned Residential District (PRD) which allows residential (3 -34 units /acre) with limited commercial uses. Also, request to amend the section of the application plan for Avinity I Phase IV from approved ZMA2006 -005 zoned PRD. 102 maximum residential units proposed for a density of 9 units per acre. ENTRANCE CORRIDOR: Yes PROFFERS:YES COMPREHENSIVE PLAN: Urban Density Residential (6.01 -34 units /acre) and supporting uses such as religious institutions, schools, commercial, office and service uses in Neighborhood 4. CHARACTER OF THE AREA The site is located off of Scottsville Road (State Route 20), and Avon Street Extended. Avinity I is adjacent to the parcels proposed to be rezoned and will be the main access into the development. Cale Elementary, the Kappa Sigma Fraternity, and single family residential are also adjacent to the site. The property is currently mostly wooded with some open areas. This area is in the Development Area, Neighborhood 4, while across Route 20 is designated Rural Area in the Comp Plan. SPECIFICS OF THE PROPOSAL The applicant has requested that this proposal be heard by the Planning Commission without receiving the latest comments beforehand. The applicant proposes to rezone TMP 91 -16A, 91 -16C, and 91 -16E, a total of 11.886 acres, from R1 Residential zoning district to Planned Residential District (PRD) (Attachment B). The proposal includes a mixture of townhouse and single family residential units at a maximum of 145 units. Along with the residential units, the applicant is proposing a tot lot, dog park, pavilion, and passive recreation park as amenities. Access to the site will be through the existing Avinity development, adjacent to Avon Street Extended. An emergency only access will be provided out to Route 20 south. Public connectivity to Route 20 is not being provided due to topographic and entrance spacing issues. While this is not ideal, the applicant has provided an opportunity for future connection to an adjacent parcel. All the streets within the existing Phase I development are private, and the applicant is requesting private streets to be approved with this new development. Associated with this request is an amendment to the approved application plan for Avinity I (ZMA2006 -005, Avinity). The applicant is proposing to revise a portion of the plan approved with ZMA2006 -005 by replacing condominium /mulit- family units with six to eight townhouses units, reducing the total number of units from 124 units to 106 -108. By eliminating this building, there will now be no multi - family residential within Avinity 1. Avinity I was approved providing two unit types, townhouse and condo /multi - family. If approved, the combined Phase I and 11 will provide three unit types, townhouse and single family attached /detached (no commercial). APPLICANT'S JUSTIFICATION FOR THE REQUEST The Comprehensive Plan designates the subject properties for Urban Density Residential, which allows 6.01- 34 units /acre. The applicant wishes to develop the property at a density (up to ten (10) dwelling units per ZMA 2013 - 00016, Avinity 11 Planning Commission Public Hearing, August 19`h, 2014 Staff Report, Page 3 acre) in keeping with the Urban Density designation. Avinity I (ZMA2006 -005) was approved as a Planned Residential Development, and the applicant envisions this rezoning request as a second phase of that development, extending the range of the housing type options and amenities. PLANNING AND ZONING HISTORY ZMA2006 -005 Avinity was approved by the Board of Supervisors on June 13, 2007. This approval was for 124 units that consisted of townhouse and condo units. SDP2010 -072 Avinity Final Site Plan approved March 2011. CONFORMITY WITH THE COMPREHENSIVE PLAN Land Use Plan: Neighborhood 4 The land use designations on this property are Urban Density Residential, which is intended to provide residential uses at a gross density of 6.01 -34 units /acre. 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 102 units on 13.456 acres maintain a density of approximately 10 dwelling units per acre. Non residential uses are not proposed or expected at this location. This Phase II 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 Avinity I. The draft Comprehensive Plan update (not adopted at this time) also recommends this area for Urban Density Residential, except for parcel 91 -16A, which is recommended for Industrial Service. Neighborhood Model -The Neighborhood Model describes the more "urban" form of development desired for the Development Areas. It establishes the 12 Principles for Development that should be adhered to in new development proposals. Pedestrian The application plan shows sidewalk on all streets and connections to Orientation Avinity I. A pedestrian connection should be shown to the church as was requested in the community meeting. With the pedestrian connection, this principle will be met. Neighborhood The proposed streets have sidewalks and street trees and are Friendly Streets and interconnected to create an internal block. This principle is met. Paths Interconnected There is no connection to Route 20, except for emergency access. Right Streets and of way is proposed to be provided in multiple locations to the property Transportation line to provide for future interconnections. This principle is minimally met. Networks See further discussion below. Parks and Open The plan has 3.78 acres of proposed open space which includes active Space and passive recreational areas that will provide amenities for the residences of Avinity I and II. This principle is met. Neighborhood The proposed development, and those around it are mostly residential. Centers There is a shopping center within 2/3 of a mile, and a public school and church adjacent to the site. This principle is met. Buildings and The garages on the homes will be set back a minimum of three feet from Spaces of Human the porch or face of the home. This principle is met. Scale Relegated Parking Parking will be located in garages that will be set back from the porch or building face of the home. This principle is met. Mixture of Uses The proposed neighborhood has a mixture of residential uses. With a church, school and shopping center nearby, the mixture of uses in this area is acceptable; this principle is met. Mixture of Housing There are three different housing types being proposed with this plan, ZMA 2013 - 00016, Avinity 11 Planning Commission Public Hearing, August 19`h, 2014 Staff Report, Page 4 Types and single family detached /attached, and townhouses. The multi - family Affordability housing option is being eliminated in Phase I, however a single family detached option is being established in Phase II. Affordable housing is being proffered with this plan. This principle is met. Redevelopment This development is located within the Development Areas, Neighborhood 4, and the density and uses proposed meet those recommendations as shown in the Comprehensive Plan. This principle is met. Site Planning that There is an area shown as managed slopes and will be required to meet Respects Terrain the design requirements in the steep slopes ordinance for disturbance during the site plan process. This principle is met. Clear Boundaries This project is directly across from the rural areas. The application plan with the Rural Areas shows landscaping and a three board fence to mitigate visual impacts. The site plan will need to meet Architectural Review Board design guidelines. This principle is met. 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 Avinity II development would support the Plan by providing housing for employees of existing and potential businesses in the County. STAFF COMMENT Relationship between the application and the purpose and intent of the requested zoning district: The following section is an excerpt from the Zoning Ordinance: PRD districts may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for PD districts in sections 8.0 and 33.0, and with densities and in locations in accordance with the Comprehensive Plan. A PRD 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. To these ends, a PRD provides for flexibility and variety of development for residential purposes and uses ancillary thereto. Open space may serve such varied uses as recreation, protection of areas sensitive to development, buffering between dissimilar uses and preservation of agricultural activity. While a PRD approach is recommended for developments of any density, it is recommended but not required that the PRD be employed in areas where the comprehensive plan recommends densities in excess of fifteen (15) dwelling units per acre, in recognition that development at such densities generally requires careful planning with respect to impact. (Amended 8- 14 -85) The general form of this proposal is consistent with the intent of the Planned Residential Development district. The proposal includes amenities, is within the recommended density, and provides a variety of residential unit types. However there are three major concerns: 1. While a public interconnection to Route 20 is not being provided at this time, accommodations for future connections have been provided. However, the existing (Phase 1) and proposed (Phase 11) streets will need an easement to allow public access for future development, since they are private streets. The easement for Phase II can be dealt with during the subdivision plat process since a ZMA 2013 - 00016, Avinity 11 Planning Commission Public Hearing, August 19`h, 2014 Staff Report, Page 5 condition of approval for the private street is that the easement be created. However, the applicant needs to address the easement for Phase I prior to the approval of the rezoning. 2. The County Engineer has found that the existing roads in Avinity I currently are not adequate to carry the traffic generated by Avinity II or future development. Improvements necessary to mitigate the impacts have not been fully addressed by the applicant at this time. This issue is discussed in more detail in the "Streets" section later in the report. Public need and justification for the change: The County's Comprehensive Plan supports development in the designated development areas that is consistent with the use, density, and form recommended in the Plan. An addition of residential uses in this portion of the County could be beneficial for County residents who wish to live in this portion of the County. Impact on Environmental, Cultural, and Historic Resources: The site contains wooded areas and areas of managed steep slopes. The woods would be removed and the slopes graded in order to accomplish the plan proposed. The wooded areas are not shown on the County's Open Space Plan. The site is not visible from Monticello, and no historic structures are on the property. Anticipated impact on public facilities and services: StrPPts� An updated traffic study was provided and reviewed by the County Engineer and VDOT. The Traffic Impact Analysis (TIA) did not recommend any upgrades to Avon Street. However, the internal roads within Avinity I are not adequate for the additional traffic generated by Avinity II or future development. There are potential mitigations measures (traffic calming, directional changes) that can be done in order to mitigate these impacts. To date, the applicant has not addressed these concerns. The measures will need to be addressed before the approval of the rezoning, as they are off -site improvements and cannot be addressed during the site plan process. VDOT has stated that if the emergency access off of Route 20 is used, as is stated on the application plan, for construction vehicle traffic, that additional measures will be required (such as a right turn lane on Route 20). The applicant may need to acquire additional easements in order to build the construction entrance in this location. This concern can be dealt with during the permit process for the entrance. Schools: Students living in this area would attend Cale Elementary School, Walton Middle School, and Monticello High School. Representatives from the Schools have indicated the Cale Elementary is close to capacity, however the applicant is providing the full cash proffer amount for capital improvements to offset the impacts of the development. Fire and Rescue: Fire and Rescue service is provided through the Monticello Fire Station. Utilities: This project is in the water and sewer service jurisdictional area and both services are available. The Authority has not identified any capacity issues or constraints with this proposal. Cash Proffer Policy: The applicant has offered the full cash proffer amount for single family residential and attached units outside of those units that could be developed by -right which is consistent with the County's Cash Proffer Policy. Consistent with a recent Board direction regarding the cash proffer policy, the applicant is requesting a credit for the by -right lots under the cash proffer that could be developed under the current zoning designation. The applicant has provided a by -right conceptual subdivision plat (Attachment D) showing a total of twelve (12) lots allowed by right under the current R -1 zoning. Staff has reviewed this proposal and found the subdivision to be feasible and this request is consistent with previous requests for credit. Anticipated impact on nearby and surrounding properties: At this juncture, staff believes that there are no negative impacts to the adjacent properties, and no adjacent owner has raised concerns about the proposal. ZMA 2013 - 00016, Avinity 11 Planning Commission Public Hearing, August 19`h, 2014 Staff Report, Page 6 PROFFERS The applicant has provided proffers. (Attachment C). The proffers are in need of technical fixes. The following describes the proffers provided: Proffer 1. Cash Proffer for Capital Improvements Project: The Owner proposes to provide a cash proffer for each unit built in the development to offset the impacts of the development. As stated above, the applicant is requesting a credit for the by -right lots, staff has found that the subdivision plat provided is feasible as a by- right option for twelve (12) lots. Proffer 2. Affordable Housing: In order to mitigate community impacts from the rising cost of housing, the Owner will provide a minimum of 15% of the residential units as affordable or provide cash in lieu of units. This proffer meets the intent of the Affordable Housing policy. Proffer 3. Cost Index: The Owner proposes to adjust the amounts in Proffers 1 and 2 annually according to the Marshall and swift Building Cost Index. The amounts shall not be less than those described in Proffers 1 and 2. This proffer is consistent with current practice. WAIVERS AND MODIFICATIONS The applicant has requested three modifications: 1. Approval of the private streets under § 14 -233 (Attachment F) 2. Variation or Exception of the planting strip requirement under § 14 -422 (F) (Attachment F) 3. Modification of the building separation under § 18- 8.2(b)(4). (Attachment F) 1. AUTHORIZATION OF PRIVATE STREETS Private streets may be authorized by the Planning Commission as provided by any one of the provisions of Section 14 -233. The applicant has requested approval of the private streets using General Welfare [Section 14- 233(A)(3)] as justification, (ordinance language presented in bold italics followed by staff comment): ANALYSIS OF SECTION 14- 233(A)(3) General Welfare. The general welfare, as opposed to the proprietary interest of the subdivider, would be better served by the construction of one or more private streets than by the construction of public streets The main access for Avinity Phase II is through Avinity I, which is served by private streets. This property cannot be developed with public streets because it has no direct connection to any existing public street (cannot achieve an access on Route 20 that meets VDOT standards). Allowing the use of private streets allows for development of the property with density and a character of development consistent with the Comprehensive Plan and also with Phase I of the development. As stated previously in this report, an easement should be provided to ensure that interconnection between parcels can be made in this area, and that the streets are open to the public. This easement can be provided during the subdivision process. ANALYSIS OF SECTION 14 -234: Per Section 14- 234(c), the Commission may authorize one or more private roads to be constructed in a subdivision if it finds that one or more of the circumstances described in section 14 -232 exists and that: (ordinance language presented in bold italics followed by staff comment) 1. The private road will be adequate to carry the traffic volume which may be reasonably expected to be generated by the subdivision. Engineering has evaluated the traffic study and determined that the additional traffic generated by Avinity II and future connections will require improvements within Avinity I, in order to mitigate the impacts. The proposed private streets, within Avinity ll, will be adequate to carry the small volume of traffic, as well as future interconnections, and will be built to Virginia Department of Transportation Standards. ZMA 2013 - 00016, Avinity 11 Planning Commission Public Hearing, August 19`h, 2014 Staff Report, Page 7 2. The comprehensive plan does not provide for a public street in the approximate location of the proposed private road; The Comprehensive Plan does not recommend a public street in the location of this proposal /private streets. 3. The fee of the private road will be owned by the owner of each lot abutting the right -of -way thereof or by an association composed of the owners of all lots in the subdivision, subject in either case to any easement for the benefit of all lots served by the road; Section 14 -317 of the Subdivision Ordinance requires that a maintenance agreement be submitted for review by Planning staff and the County Attorney in all situations where improvements are required to be maintained. The applicant has indicated that the private streets will be entirely owned and maintained by the Avinity HOA. This will be addressed during the subdivision plat process. 4. Except where required by the commission to serve a specific public purpose, the private road will not serve through traffic nor intersect the state highway system in more than one location; and The private streets will not serve through traffic, nor intersect the state highway system in more than one location. Staff recommends for interconnection purposes, that the applicant provide future access to adjacent parcels. The private streets in the future may intersect the state highway system in more than one location; however the roads will be required to be built to VDOT standards and able to carry the traffic. Staff believes that the interconnectivity provided by the private streets is consistent with the Comprehensive Plan. 5. If applicable, the private road has been approved in accordance with section 30.3, flood hazard overlay district, of the zoning ordinance and other applicable law. As proposed the private streets will not require any upgrades nor impact the flood plain. SUMMARY: This proposal meets the requirements of the ordinance, therefore, Staff recommends approval of the private street request with the condition that an easement be established and the streets remain open for public use. 2. VARIATION OF THE PLANTING STRIP The applicant has requested that the sidewalks be located directly adjacent to the curb and that the planting strips be eliminated and replaced with a landscaping easement located on the back of the sidewalk. In waiving the requirement for planting strips, the Planning Commission is required to consider the following: (i) a waiver to allow a rural cross - section has been granted An urban section has been requested. (ii) a sidewalk waiver has been granted A sidewalk waiver has not been requested. (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 Eliminating the planting strip, in and of itself, does not promote a goal of the Comprehensive Plan or Neighborhood Model. There is no neighborhood master plan yet. During the rezoning of Avinity I, a planting strip waiver was granted, and sidewalks are provided on one side of the street only, with no planting strip in between. By granting this waiver, this development will be consistent with the adjacent Avinity I. (iv) waiving the requirement would enable a different principle of the Neighborhood Model to be more fully achieved This criterion is not met. ZMA 2013 - 00016, Avinity 11 Planning Commission Public Hearing, August 19`h, 2014 Staff Report, Page 8 The agent or the commission may approve a request for a variation to substitute a required improvement upon finding that because of an unusual situation, the subdivider's substitution of a technique, design or materials of comparable quality from that required by the applicable regulation results in an improvement that substantially satisfies the overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement in the applicable regulation. Staff Comment: Staff believes that by providing a landscape easement on the back of the sidewalk is substantially the same as the planting strip, and also is consistent with the existing Avinity I design. During the Avinity I rezoning, the Planning Commission approved a planting strip modification, as well as a modification for sidewalks on one side of the street. This request is consistent with that previous action and design, and sidewalks are provided on both sides of the street in this proposed development. Staff recommends approval of this waiver with the condition that a six (6) foot landscape easement be established on the back of the sidewalk. 3. MODIFICATION OF THE BUILDING SEPARATION This modification is considered a Special Exception and is ultimately under the decision of the Board of Supervisors. The Planning Commission will be making a recommendation to the Board for this request. This special exception requires consideration of the following factors delineated in County Code § 18- 8.2(b)(3): The waiver is consistent with the intent and purposes of the planned development district under the particular circumstances, and satisfies all other applicable requirements of section 8. The intent and purpose of the Planned Residential District includes providing "variety and flexibility in design necessary to implement the various goals and objectives set forth in the comprehensive plan." Avinity II is located in the development areas, and the comprehensive plan designates this parcel as Urban Density Residential which allows 6 -34 units per acre. By allowing the buildings to be closer than 30 feet, the development can meet the goals of the comprehensive plan by providing a development that is compact and keeping development in areas where the County wants development to occur. Minimum building separation will be ten (10) feet with architectural features and building overhangs allowed to encroach into the setback no further than one (1) foot. ii. The waiver is consistent with planned development design principles The waiver is consistent with those principles for PRD set forth in County Code § 18 -19 (Section 19 of the Zoning Ordinance). iii. The waiver would not adversely affect the public health, safety or general welfare. Minimum building separation will be eight feet and this separation was previously reviewed and found acceptable by the reviewing agencies (Building Official, Zoning, Fire and Rescue), provided that acceptable building materials are used (enforced through building permit review) and that an adequate maintenance easement between the buildings is established to allow for maintenance of the building and lots. iv. The public purposes of the original regulation would be satisfied to at least an equivalent degree by the modification. This factor does not apply, as the applicant is asking for a waiver and not for the regulation to be modified. However, the public purpose of the PRD will be satisfied to an equivalent degree based upon the finding stated above. Staff CnmmPnt- Staff's opinion is that the waiver satisfies the factors in County Code § 18- 8.2(b)(3). If the special exception is approved, the minimum building separation will be 10 feet. This separation was previously review and found acceptable the reviewing agencies (Zoning, Fire - Rescue, provided that acceptable building materials are used (enforced through building ZMA 2013 - 00016, Avinity 11 Planning Commission Public Hearing, August 19`h, 2014 Staff Report, Page 9 permit review) and that an adequate maintenance easement between the building is established to allow for maintenance of the buildings and lots. Staff recommends approval of the special exception with the following conditions: 1. The applicant shall submit a revised subdivision plat that shows an eight (8) foot maintenance easement between structures to allow residents to maintain their units. 2. The minimum building separation shall be ten (10) feet with architectural features and building overhangs allowed to encroach into the setback no further than one foot. SUMMARY Staff has identified the following factors, which are favorable to this rezoning request: 1. The density and housing types proposed for the development of the property is consistent with the land use recommendations in the Comprehensive Plan and the goals for development in the County. 2. Future interconnections are shown to the adjacent properties. Staff has found the following factors unfavorable to this rezoning: 1. While a public interconnection to Route 20 is not being provided at this time, accommodation for a future connection has been provided. This minimally meets inter - connectivity goals of the plan, but due to topography and entrance spacing issues is acceptable to staff. 2. The County Engineer has found that the existing roads in Avinity I are currently not adequate to carry the traffic generated by Avinity 11. Improvements necessary to mitigate the impacts need to be addressed by the applicant before the internal road system can be found adequate to serve the proposal. RECOMMENDATION Staff can recommend approval of this proposal provided certain changes are made in the application plan and proffers: 1. Improvements necessary to mitigate the impacts from Avinity II onto Avinity I roads need to be addressed by the applicant in coordination with the County Engineer. 2. An easement for Phase I for future public access on the existing streets needs to be addressed. 3. Technical revisions should be made to the proffers based on comments received by the Deputy County Attorney and the Housing Director. PLANNING COMMISSION MOTION — Zoning Map Amendment: A. Should a Planning Commissioner choose to recommend approval of this zoning map amendment: Move to recommend approval of ZMA 2013 - 00016, Avinity II with the changes in the application plan, and proffers as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this zoning map amendment: Move to recommend denial of ZMA 2013 - 00016, Avinity II based on the following identified by the Planning Commission. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ZMA 2013 - 00016, Avinity 11 Planning Commission Public Hearing, August 19`h, 2014 Staff Report, Page 10 PLANNING COMMISSION MOTION— Modifications/Variations: Private Street: A. Should a Planning Commissioner choose to approve the private street request: Move to approve the private street request associated with ZMA2013 -016 Avinity II, with the conditions and reasons listed by staff. B. Should a Planning Commissioner choose to deny the private street request: Move to deny the private street request for ZMA2013 -016 Avinity II. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. Planting Strip: A. Should a Planning Commissioner choose to approve the planting strip variation request: Move to approve the planting strip variation request associated with ZMA2013 -016 Avinity II, with the conditions and reasons listed by staff. B. Should a Planning Commissioner choose to deny the planting strip variation: Move to deny the planting strip variation request for ZMA2013 -016 Avinity II. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial Building Separation: A. Should a Planning Commissioner choose to recommend approval of the building separation modification request: Move to recommend approval of the building separation modification request associated with ZMA2013 -016 Avinity II, with the conditions and reasons listed by staff. B. Should a Planning Commissioner choose to recommend denial of the building separation modification request: Move to recommend denial of the building modification request for ZMA2013 -016 Avinity II. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial ATTACHMENT A: Vicinity Maps ATTACHMENT B: Application Plan ATTACHMENT C: Proffers dated July 7, 2014 ATTACHMENT D: Conceptual By -right Subdivision Plat ATTACHMENT E: Applicant modification requests dated March 18, 2014 ATTACHMENT F: Illustrative Plan ZMA 2013 - 00016, Avinity 11 Planning Commission Public Hearing, August 19`h, 2014 Staff Report, Page 11 lip AL P 1 ID MENEM plan Ing +� •r f u� ij 1 n I !off rr n' ■ N� POk".�^ �, §1 Mli -n On • - Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 9, 2014 OC- 78- 90C -75 90' 6 -48 90C -53 906 -fi5 91 -1D ' � OD -78 906 74 Ag II V { 9QC'66 1.90C 91 -1 -� �' Legend (Note: Some items on map may not appear in legend) rte' goG� � -52 9\ OC =73% n 90C 91-2E °nom °Rrea1 -67 Cale E5 xj 906 -72 gi_12 °wMM��n 10 ©F�a�RES��ES,A,�oN °Ce�a��, �-- 900-68 ova \ 00 9OC -A3� + / �- 90C -69 900 ----i91 �- rn AL0CSS1AnON ®POS.oEr E ®-10111.E asM oS o0 �ooa��/ 1 -13 -12C 9OD-71 L] 9 1A'2,7. �7 9� 91A A2 41A -30 91-12B g�_12A 91A;3291A -34 D �.- 9p ,_.� '914- 4091A�33� 91 -11 oo �QrS� 9UC -A6 . 3St 91 = 4 91'A -38 190 + A- 4491 A�45 ms's 90 -35G i. � �• • �-� ✓ s �� 9p 91A`5791R- A,8791A5Y091A -53 O 905 `, 91 51 54 96D,65 91 -10 �DO�� f9 D -111 �, �► 9 �.99A'6491 �90 A= 7 4D -51� �i 91A 77 80 91 -14 0D_A1 r- O �9p.�.g A- � �. � 9� I-W 91 -16C 90 902 ��. , S ..,� 90 -35B 91 -15 TM X90 90D,3 �V , 9p 3 i �� S R �'�~ :91 91 -9 co W 904 4 . 9p+ �`� ,O 91 ifiE 91 16D_ 90 35T y ODJ7 742 , Op8 90 -35F ' c� f 91 16A1+ 0 4D 9 �� )..OD-9 91 -16A J 90 -35W so =35x 91 -ifiB v10 90035M `�- - 90 -35Y �C� 90 -35N 386 90 "35P -''. . yOE ALBF �2Ilf �, 9Q_35 Geographic Services �, www.albemarle.org l�iRC- 90 -35V r �» (434) 296 -5532 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 9, 2014 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 9, 2014 9-'A-39205c 91A- 372056, .� ,� r r ,: 20852055,x91 A 3820 389y A �46 "? r� 9,1A -43' '91A-45203491A"48 Legend ( Note: Some items on map may not appear in legend) - X20.49, 91A 442317 20309J1A 50 i 91A -57 `2095•/'� 201891A -53 L 3133 ^n X231599 A -87 > "� 208fi;� * , ,r -, a P� . awmmu a�aM�Er,A,o„ ®Cea" C209991A 72rk.. 201491A -54 91A 5991A =62 2103 f 239391A 88914'S1ry2010� , ' b b9,1A- 74.230791A�89 \ �.* ° �91R'S3 91A 5591A -56 ` y` t� ®1- CC,,,o„ ®aO- OFFICE „sM Pa `at 91A474521�209�K„ 91 -14 W 1799 f4`�'76271 91A�829. `. 4}. is / ❑vllerP r 90 -35H 91�A�ra9 .86� ' * r ' * 91 A -85 9 -,j' e, 193 ,. 0 91 -1fiG� � , ��'�: '" YRTM':•91 R�' , °% �. � '�Riy��N. a: k. sr�° r'�"� '�` ;'���►' - ,. .. i ` � �; - �" 1610 i, ` �J �.. : " M 26 �1! �!* 20 - n 90 -35M a ILI 235 T1 .! yOE ALBF GIS -Web 90 -35N a ti Geographic Data Services www.albemarle.org (434) 296 -5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 9, 2014