HomeMy WebLinkAboutZMA201400006 Staff Report Zoning Map Amendment 2016-07-12 COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA 201400006 Avon Park II Staff: Rachel Falkenstein
Planning Commission Public Hearing: Board of Supervisors Public Hearing: To Be
July 12, 2016 Determined
Owners: Bellevue Real Estate, LLC Applicant: Beau Dickerson
Acreage: Approximately 5.262 acres Rezone from: Amend the proffers and
application plan for previously approved PRD
zoning (ZMA2012-014)
TMP: 09000-00-00-03100 By-right use: up to 32 dwelling units
Location: 1960 & 1968 Avon Street Extended
Magisterial District: Scottsville Proffers: Yes
Proposal: Amend the proffers and application Requested #of Dwelling Units: 32 (no
plan on 5.262 acres zoned PRD to revise the change)
site layout to provide required parking and
second connection for emergency access.
Applicant also proposes to reduce cash proffers
to $3845 per attached unit and $4918 per
detached unit.
DA (Development Area): Southern Urban Comp. Plan Designation: Neighborhood
Neighborhood (Neighborhood 4) 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 surrounded by several properties to the north are zoned R-6 (Avon
outbuildings; approximately half of the site is Park I), properties to south, and east are single
wooded. family residences zoned R-1. The parcel to the
west is currently wooded and the site of future
Biscuit Run State Park.
Factors Favorable: Factors Unfavorable:
1. The revised application plan provides for 1. A minor technical revision is needed to
a second point of access for emergency the proffers/application plan.
vehicles and an amended layout to allow
for required parking.
2. The request remains consistent with the
Comprehensive Plan and Neighborhood
Model Principles.
3. The use is consistent with the uses
permitted under the existing PRD zoning
district and the prior zoning approved on
the site.
RECOMMENDATION: Staff recommends approval of ZMA201400006 Avon Park II, provided
technical revisions are made to the proffers and application plan, as described below, prior to the
Board of Supervisors meeting.
1 ZMA 2014-06 Avon Park II
PC Public Hearing 7/12/2016
STAFF PERSON: Rachel Falkenstein
PLANNING COMMISSION: July 12, 2016
BOARD OF SUPERVISORS: To Be Determined
ZMA 201400006 Avon Park II
PETITION
PROJECT: ZMA201400006—Avon Park II
MAGISTERIAL DISTRICT: Scottsville
TAX MAP/PARCEL: 09000000003100
LOCATION: 1960 and 1968 Avon Street Extended. Approximately 1000 feet north of the
intersection of Avon Street Extended and Route 20, south of existing Avon Court.
PROPOSAL: To amend the proffers and application plan for approved ZMA201200004. 32
maximum residential units remain unchanged for a density of 6 units/acre.
PETITION: Request to amend proffers and application plan on 5.262 acres on property zoned PRD
(Planned Residential Development) which allows residential uses with limited commercial uses at a
density of 3 - 34 units/acre. No new dwellings proposed.
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.
CHARACTER OF THE AREA
Avon Park I, zoned R-6 with a proffered plan, is north of the property and consists of 16 single
family houses and 43 townhouse units. South and east of the property are mostly single family
residences zoned R-1. Directly west of the property is the future Biscuit Run State Park site which is
wooded.
The Avon Park II property currently contains two dwelling units and some outbuildings which are
proposed to be demolished with this development. The land is mostly cleared around these units
and the western half of the property is wooded (Attachment A).
SPECIFICS OF THE PROPOSAL
The Board of Supervisors approved a previous zoning map amendment on December 11, 2013
(ZMA2012-04) to rezone the property from R-6 to PRD to allow for a maximum of 32 dwelling units
(Attachment B). Subsequently, the applicant submitted an initial site plan for the development of the
property (SDP2014-24) and during their review, Fire/Rescue staff determined that a second point of
ingress and egress for emergency vehicles would be required for this development. The site plan
layout also presented issues with meeting minimum parking requirements. The site layout changes
needed to address these issues were significant enough that staff determined that an amended
application plan would be required, which is the primary reason for this ZMA.
In the previously approved application plan, the attached units were located along Hathaway Street
with parallel on street parking provided in front of the units (Attachment B). With that layout there
was not enough room to provide for required onsite parking. The revised application plan is
proposing attached units at the east end of Stratford Way with a shared parking area at the end of
the street. The new application plan also shows an emergency access drive at the east end of
Stratford Way connecting to Avon Street Extended with bollards at each end of the travel way to
limit use to emergency vehicles only (Attachment C).
The new application plan increases the number of lots from 26 to 30. However, the maximum
number of units is still capped at 32 for a density of about 6 units/acre. The applicant is proposing 8
2 ZMA 2014-06 Avon Park II
PC Public Hearing 7/12/2016
attached units and 22 detached units and a proffer for 15% affordable units. The affordable units
will either be townhouse units or units constructed as two family dwellings within the single family or
townhouse units.
The applicant is also proposing to amend the cash proffer amounts for this development. The
previously approved proffer amounts from ZMA2012-04 were $13,913.18 for attached units and
$20,460.57 for single family detached units. The new proposed amounts are $3,845 for attached
units and $4918 for detached units.
Other changes to the proffers include the addition of landscape easements and scrim fencing to
address screening concerns from neighboring property owners in Avon Park I. While the
Comprehensive Plan does not recommend screening between residential development of the same
unit type, neighbors have requested screening and the applicant has agreed to provide it. The
applicant has also worked with the residents of Avon Park I to address needs for recreational
amenities to serve both developments. The applicant has proffered to provide a dog park and two
additional play structures adjacent to the existing tot lot area of Avon Park I. Proffers for erosion and
sediment control and overlot grading remain consistent with the previously approved proffers for
this development (Attachment D).
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant has made this request to address Fire/Rescue requirements, to ensure sufficient
parking and to reduce the cash proffer obligation. The applicant has also included additional
proffers to address concerns from neighbors in Avon Park I such as screening and the playground
area.
PLANNING AND ZONING HISTORY
• SP2003-00048—A special use permit for a Home Occupation Class B (Randy E. Fox) was
approved in 2003 for a small engine repair shop
• ZMA2007-00005 — Rezoning approved in 2007 to rezone the property from R-1 to R-6 with
proffered plan to allow development of 31 townhouse and single family units
• SDP2007-00147 — Final site plan approved in 2008
• ZMA2012-00004— Rezoning approved in 2013 to rezone the property from R-6 to PRD to allow
for a maximum of 32 dwelling units
• SDP2014-00024— Initial site plan approved in 2014 with conditions including the need to
address issues of parking and emergency access
COMPREHENSIVE PLAN
Land Use: Since the last rezoning on this property was approved the Southern and Western Urban
Neighborhoods Master Plan was adopted. However, the recommended land use designations in
this Master Plan are the same as the previous Comprehensive Plan recommendations.
The Master Plan designates this property as Neighborhood Density Residential which has a desired
density range of 3 to 6 dwelling units per acre and incorporates a range of dwelling types including
single family detached, single family attached and townhouse units.
As with the previously approved rezoning, the proposed amendment is consistent with the
Comprehensive Plan designation. The 32 units on 5.262 acres maintains a density of approximately
6 dwelling units per acre, consistent with the previous rezoning request. Non-residential uses are
not proposed or expected at this location.
The Neighborhood Model: The applicant is proposing to revise the location of single family
detached units and townhouses from the approved plan but continuing to provide the same housing
3 ZMA 2014-06 Avon Park II
PC Public Hearing 7/12/2016
types as the previously approved plan. The proposed plan shows no significant changes to the form
of the approved plan design and layout. As a result, staff did not complete an analysis for
consistency with the Neighborhood Model for this proposal since the analysis was previously done
with the original rezoning from 2007.
Relationship between the application and the purpose and intent of the requested zoning
district
The PRD district is a residential district intended to encourage sensitivity toward the natural
characteristics of the site and toward 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.
The proposed development includes 29% of the site as open space and clusters development on
the western portion of the site, adjacent to Avon Park I. It makes efficient use of resources by
sharing amenities and infrastructure with the adjacent neighborhood. Avon Park II will be accessed
by extending an existing roadway from Avon Park I and will share amenities with the adjacent
development including recreational areas.
Anticipated impact on public facilities and services
Streets:
There are no major changes to the street layout on the amended application plan with the exception
of the new emergency access. The primary access to the site will be via Hathaway Street which
runs through Avon Park I and will be extended into Avon Park II. The proposed east/west internal
roadway, Stratford Way, will be a both public and private street. The western portion of Stratford
Way will be a public street and terminate in a cul-de-sac. The eastern portion of the road will be a
private street that will be constructed to VDOT standards but will allow the applicant to place
sanitary force mains within the right-of-way and will allow a T-intersection at the end of the roadway
with a parking area. The private street can be approved administratively by staff with the road plan
review in accordance 14-233(b)(1) since the private street will be serving multi-family dwelling units.
VDOT and engineering staff have no objections with the proposed street layout.
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. The amended application plan provides for a second means of emergency access from
Avon Street Extended. 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) and Albemarle County
Service Authority (ACSA).
Anticipated impact on environmental, cultural and historic resources
As stated in the previous staff report approximately half of the site 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 proposed plan. There is a small area of managed slopes on the
4 ZMA 2014-06 Avon Park II
PC Public Hearing 7/12/2016
site; however, these are not shown as features for preservation on the Parks and Green Systems
Plan within the Southern and Western Neighborhoods Master Plan.
Anticipated impact on nearby and surrounding properties
This project continues to be in keeping with the residential character of this area. Staff is of the
opinion that measures contained in the application plan and proffers to address screening, overlot
grading and erosion and sediment control will adequately mitigate impacts to neighboring
properties.
Public need and justification for the change
The applicant is amending the proffers and application plan to change the site layout, primarily to
address emergency management issues and to ensure adequate parking on site for future property
owners.
While there is no demonstrated public need and justification for the cash proffer reduction, the
applicant has made his request consistent with recent requests for cash proffer reductions. The new
amounts are consistent with the maximum cash proffer amounts that were recommended by the
Fiscal Impact Advisory Committee (FIAC); however, it should be noted that the Board has since
repealed the County's cash proffer policy.
PROFFERS
The applicant has provided proffers which are summarized below (Attachment D).
• A total of 6 affordable housing units as for rent or for sale townhomes or two-family dwellings or
as cash in lieu of affordable units. The Housing Director has reviewed the affordable housing
proffer and has no objections to the proposed language.
• Cash proffers for each dwelling unit constructed within this development (not including the
affordable units and by-right credit for 5 units) in the amount of$3,845 for attached units and
$4918 for detached units.
• Landscaping easements to provide screening for adjacent properties
• Additional erosion and sediment control measures to limit impacts to neighboring properties and
Avon Street during construction
• Recreational amenities in accordance with recommendations from Avon Park I residents
• Provisions for overlot grading
• A proffer for temporary fence to screen the site during construction
Staff is recommending the following technical fix related to the proffers/application plan:
1. The timing language in note 3 on sheet 5 of the application plan conflicts with the timing
language in proffer 3a. The proffer refers to the landscaping being installed prior to the 7th CO
and the other says following the 7th CO. The note and the proffer language should be made
consistent.
SUMMARY
Staff has identified the following factors, which are favorable to this request:
1. The revised application plan provides for a second point of access for emergency vehicles and
an amended layout to allow for required parking.
2. The request remains consistent with the Comprehensive Plan and Neighborhood Model
Principles.
3. The use is consistent with the uses permitted under the existing PRD zoning district and the
prior zoning approved on the site.
Staff has identified the following factors which are unfavorable to this request:
1. A minor technical revision is needed to the proffers/application plan.
5 ZMA 2014-06 Avon Park II
PC Public Hearing 7/12/2016
RECOMMENDATION
Staff recommends approval of ZMA201400006 Avon Park II, provided technical revisions
are made to the proffers and application plan, as described above, prior to the Board of
Supervisors meeting.
PLANNING COMMISSION MOTION:
A. If the ZMA is recommended for approval: Move to recommend approval of ZMA201400006 with
proffers as recommended by staff.
B. If the ZMA is recommended for denial: Move to recommend denial of ZMA20140006 with the
reasons for denial.
ATTACHMENTS
A— Location Map
B —ZMA2012-14 Staff Report
C —Application Plan
D— Proffers
6 ZMA 2014-06 Avon Park II
PC Public Hearing 7/12/2016
Attachment A
pip" jar N
N u
i•4!"* Pr
qc,..
,,
, .
/ .N
2. E
G , ,
O
r .n,
/ "4
E t / \
co
ff
MI' :
\ ;"` �;�.
w
�� - tea`
i% dS / i ,',../it . 40•1.,tl
, /��/ ''z
ft
L;;*:
¢ ' fr Si yy,S�iY% t+ �j} ,� ; tib
' 4'4�� is i 1 �r • y`
Sp A } ♦r \ •'i, „, ` Y � .
0 6 S .< ;� "t ',,. ::� .r)/. 4,';',/,,,,A:•-,,,,•;,,,,1 f f fr '/ : ^..',,
i
*".ffy ',! �L Y " yA'J"t A L, rrf .'"at �r� ' ey'�i L f • �▪ 'I.• + '{ ty.
CU Y
, C S. P,
.3_ , \ ,d 4'..;- '' ^ #4 -, y • r M. o-
/
Q ��'"f - -----•--.._ - �.l .ai`- T7^o, -
r a%9 M, s0enrs."_ ,hr 4./..'�/`•\\\.. , -,.**1 % 4 +� � f.�''*.,.y� Cyt{
a�
,
Q t M icy, Cf) . r�oLL \:i, ; •
14. • "41r,...1/ \ 'IhMM��{����JiJJJ,,r 4.
I`{ •
���
�d ,* ' J"y
'702t ' �I���Iooroolc/r o� rn1-rn ria �
l�
-�
N••• oo� ym)Q•°+o1,4- A.,1:,..--„"?..,,**).' ! �•' � * rVi1�U r , *9,`",k9/2/,,
: ' �I� p'" k � ,"t. ▪ ktr �4M I/1Nu.?1,u./i� 9' _ r ) i, 'C . 4 �N�N'\LLyO . " LLO�'r '4 r1 Nt .-417 ' � '+ 'OV,M� U /T, Oq Rt / . . . 5 • k" �ii "p sce «a \ LL\ Nrb \ p/iL�;__.
V s G \ _ . i
cos
4,1
•
r0 � ocf,-rLL, 1_ix . sljU � e ° S'/WNrn� NUq.LL �Wn%.QqO. .< .
..ILO, ! '
•
<°
et y, i• y4'' �T " ‘44-.."1/4 ft,„,,,i • O,,,t4� o ' y ,,,! -1-,-.b....1.41.-!. 14 44 �ix• ?4� QU _vplp
rm 17,'` i 5 t Vk • r,
V PY 7'$-''";‘ 9 '
'f fr, r d""4iw* e te�f r :n' .Evt " yma ./, f 1- / "' tr jr / rr �
/ y � Trk•/+ ,i7ortr ri,ISV , .� i v " EJ . s si } G's 4,s am � T, � _ y,
.11/
tf,-,if '+r "4,44'71.4.4%1'. .:11_1.4"t,esti t t.. 04
Attachment B
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
1 Avon Park II
PC Public Hearing 3/19/2013
Attachment B
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.
2 Avon Park ll
PC Public Hearing 3/19/2013
Attachment B
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.
3 Avon Park II
PC Public Hearing 3/19/2013
Attachment B
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 isintended 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.
4 Avon Park II
PC Public Hearing 3/19/2013
Attachment B
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 II 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
5 Avon Park II
PC Public Hearing 3/19/2013
Attachment B
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 satisfaction of 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.
6 Avon Park II
PC Public Hearing 3/19/2013
Attachment B
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.
7 Avon Park II
PC Public Hearing 3/19/2013