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HomeMy WebLinkAboutZMA201400006 Application Zoning Map Amendment 2014-09-16 f K Albemarle Couri Community Development Department !! 401 McIntire Road Charlottesville,VA 22902-4596 Planning Application Voice:(434)296-5832 Fax:(434)972-4126 1PARCEL/ OWNER INFORMATION TMP 09000-00-00-03100 Owner(s): BELLEVUE REAL ESTATE LLC Application # ZMA201400006 PROPERTY INFORMATION Legal Description ACREAGE Magisterial Dist. Scottsville Land Use Primary Residential --Single-family(incl. modular homes) Current AFD Not in A/F District Current Zoning Primary Planned Residential Development APPLICATION INFORMATION Street Address 1968 AVON STREET EXT CHARLOTTESVILLE, 22902 Entered By Danielle Roth Application Type Zoning Map Amendment 09/16/2014 Project Avon Park II Received Date 09/16/14 Received Date Final Submittal Date 09/16/14 Total Fees 2500 Closing File Date Submittal Date Final Total Paid Revision Number Comments ARS OK Legal Ad SUB APPLICATION(s) Type Sub Applicati Comment APPLICANT/ CONTACT INFORMATION ContactType Name Address Cit'State Zip Phone: PhoneCell owner/APPlicant E3£LLEVUE REAL ESTATE LLC I6 PINEY GLEN C[ T POTOMAC 146, ,20$54;: 43429600<)3 Primary Contact CLAY GREEN 1830 RIVER INN LN CHARLOTTESVILL 22901 4345310437 Applicant BEAU DICKERSON 925 E JEFFERSON ST SUITE B CHARLOTTESVILL 22902 4343215227 Signature of Contractor or Authorized Agent Date COI I n ,(�(�(xi ' 1 O Legal Geographical Data Services Division-Room 218 uII (J� j�� Description ACREAGE Charlottesville,VA rarerR im Parcel Prope information ormation 401 MrintirP ROM 91909-1096 Tax Map 09000 Section 00 Block 00 Parcel 03100 GPIN 480815882128 Major Subdiv. Acreage Total Acres 5.26 TMP Inactive? ACTIVE E-911 STREET ADDRESS INFORMATION House Num m Street Name Apartment/ City State Zipcode_ 1968 AVON STREET EXT CHp0.RLOT'fES1/ILLE � ;' 22gp 1960 AVON STREET EXT CHARLOTTESVILLE 22902 OWNER INFORMATION Name # Street Address City/State State Zip :1$EatvotjekitOTAltLLC; I6,PINEY GLEN,CT.. xPOTOMAC +D 20854 ADDITIONAL PROPERTY INFORMATION Agricultural&Forest District: Not in A/F District High School District: Monticello Traffic Zone: 176 Middle School District: Walton Voter Precinct: Cale Elem. School District: Cale Magisterial District: Scottsville Metro Planning Area?F Census Block Group: 1 CATS Area?i✓ Census Tract: 113.01 Public Water&Sewer: Water&&Sewer Water Supply Protection Area? NO Other Rural Land? NO Watershed: Moores Creek Development Area? YES Historical Significance World Heritage Site r National Historic Landmark r Virginia Landmark Register r National Register of Historic Places r Parcel Has Proffers YES Parcel Has Easements NO Current Land Use Number of Structures Number of Dwelling Units Primary: Residential -- Single-family (incl. modular homes) 5 2 Secondary: Forest Q Minor: Unassigned Q Q Comprehensive Plan Land Use Plan Area: Neighborhood 4 Primary: Neighborhood Density Other2: Unassigned Secondary: Unassigned Other3: Unassigned Minor: Unassigned Other4: Unassigned Other: Unassigned Others: Unassigned Zoning Current Zoning Zoning Adopted 12/1980 Zoning Prior to 12/1980 Primary: Planned Residential Development R1 Residential Agricultural Secondary: Unassigned Planned Industrial Park Unassigned Minor: Unassigned Planned Industrial Park Unassigned Other: Unassigned Natural Resource Extraction Overlay r Flood Hazard Overlay r Airport Impact Area r Entrance Corridor Overlay F Scenic Stream Overlay r ACTIVITY INFORMATION PLANNING ACTIVITIES BUILDING ACTIVITIES ApplicationNum CurrentStatus , SpecialConditions ApplicationNum ' CurrentPermitSt SpecialConditions ZMA201400006 Under Review ARS OK B200301664AR CO Issued ZMA2U1200004: A(Jpi'QVed $1999©t1$815F ;C0.3ssUed ZMA200700005 Approved ARS ok.ak WP0200700103 Approved SUB200800027 Approved also see Tax Map 90F, Parc SDP201400024 Approved CnO4nn7nn1A7 �n........,e.� Printed On Tuesday,September 16,2014 ,,OFA �Ii� III • r ©— COUNTY OF ALBEMARLE Department.of Community Development 401 McIntire Road,North Wing Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 Memorandum To: Chris Mulligan From: Claudette Grant Date: September 4, 2014 Subject: Avon Park II Pre-application Meeting 8/18/2014 The following are County staff comments regarding the above noted pre-application meeting.This meeting satisfies the requirement for pre-application meeting prior to submittal of your zoning map amendment application ("rezoning")and/or a special use permit application. The purpose of the meeting is summarized below: The purposes for a pre-application meeting are to: (i)provide the applicant and the county a common understanding of the proposed project; (ii) inform the applicant about the proposed project's consistency with the comprehensive plan, other relevant policies, and county regulations; (iii)broadly identify the planning, zoning and other issues raised by the application that need to be addressed by the applicant; (iv) inform the applicant about the applicable procedure;and(v) allow the director to identify the information the applicant must submit with the application, including the supplemental information delineated in subsection (c). Receiving the relevant supplemental information will allow the application to be comprehensively and efficiently reviewed. The following are staff comments: (ii) Consistency with the Comprehensive Plan: • The Comprehensive Plan currently designates this area as neighborhood density, which allows residential (3-6 units/acre); supporting uses such as religious institutions, schools, and other small-scale non-residential uses. • The proposal consists of a residential development with 26 single family units and an additional 6 affordable housing units located within 6 of the single family units bringing the total to 32 units. The form and proposed density(approximately 6 units per acre), are consistent with the land use recommendations of the Comprehensive Plan. • The primary intent for this proposal is to amend ZMA201200004.Although the intent to develop this property as a residential development is unchanged, providing the required on street parking in an adequate location during the site plan stage, became difficult. As a result, it was determined that the layout of the site, and the proffers relating to the affordable units would need to be amended; It is anticipated that with the revisions necessary to the proposed'plan, the proposed Neighborhood Model will remain consistent with the approved rezoning (ZMA2012-00004); A detailed review of the proposal with the Neighborhood Model was not completed at this time since one was recently completed with the approved rezoning:After the submittal, if needed, review of the Neighborhood Model will be completed. • 1 • Sol '44•000 (iii)broadly identify the planning, zoning and other issues raised by the application that need to be e addressed by the applicant • •Staff does not anticipate any problems for the main road to be public and private. • Please be aware that the previous approved site plan (SDP200700147) is no longer valid because the subject property was rezoned to a different zoning district with the approved rezoning. • Signs are not approved with the rezoning or site plan andare subject to separate permits. • It appears that there will be grading of the entire site. This could be an issue•to the adjacent property owners, as this was an issue with the approved rezoning. Please make sure this issue is dealt with during the community meeting or prior to it. • Please see application submittal checklist for other information required with the rezoning request for Neighborhood Model District zoning. (iv) applicable procedures • • Community Meeting—the applicant is required by ordinance to undertake a community meeting process as part of the review of the rezoning request. This meeting should be held, if possible, within 30 days from the date the rezoning application is submitted, and can be held prior to the submittal of the rezoning application. Staff suggests notifying adjacent residents of the property boundaries of a community meeting or open house to be held by the applicant.Adjacent property owners and neighborhoods (and the Coordinating Reviewer/planner)should receive advance notification of this meeting (date/time/location). Please work with staff to coordinate some of the details for the community meeting. • If the applicant knows of any of any waivers or modifications that are needed to implement the proposed plan, staff recommends that those requests be submitted with the initial application. Staff will then determine if the waivers should be,approved with the rezoning action or deferred for action with site plan and/or subdivision plat approval. You will need a waiver/special exception of Section 409 and 410 (Coordination of extension of street and for a private road). • A preliminary-conceptual stormwater management plan for the entire development should be • submitted for the development proposal, if there are any relevant changes. Please work with the County engineer to develop this plan. (v) Identify the information the applicant must submit with the application, including the supplemental information • An application plan should be submitted with the Zoning Map Amendment application that is consistent with Zoning Ordinance requirements. ,• Conceptual stormwater management plan. . • Latest recorded plat. • Authorized owners' signatures. • See attached pre-application checklist for other required information.This checklist will need to be filled out, signed and submitted with the ZMA application. If you have any further questions, please contact me. S,Jncerely, L, 1� R! II o(qU-y - =�• ran Senior Planner • 2 PLANNED DELOPMENT DISTRICT F AL, ZONING MAP AMENDMENT CHECKLIST for OIl`jjj t��bn 1Gir oO-OO—c .31 exp , Project Name/Tax Map Parcel Number ilRGlNtti (PLANNED DEVELOPMENT ZONING DISTRICTS-MHD, PUD,NM,PDMC,PDSC,PDIP) After the mandatory pre-application meeting,county staff will mark this checklist appropriately so that it is clear to the applicant the information from Section 33.4(c)that must be submitted with the official application Required for Provided with application? application (County Staff) (Applicant) SECTION 33.4(c) X X YES NO / ✓ A narrative of the project proposal,including its public need or benefit; • A narrative of the proposed project's consistency with the comprehensive plan, V including the land use plan and the master plan for the applicable development area. A narrative of the proposed project's impacts on public facilities and public infrastructure. A narrative of the proposed project's impacts on environmental features. f ✓ A narrative of the proffers proposed to address impacts from the proposed project.- One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions. If the project is to amend an existing planned development district and the proposed amendment would affect less area than the entire district,the applicant shall submit a map showing the entire existing planned development district and identifying any area to be added to or deleted from the district,or identifying the area to which the amended application plan,code of development,proffers or any special use permit or special exception would apply. An application plan showing,as applicable: 1) the street network,including Lit' circulation within the project and connections to existing and proposed or planned streets within and outside of the project; PLANNED DEVELOPMENT DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 1 of 3 2) typicals-sections to show '444111110• 1:1/proportions, o scale and li streetscape/cross-sections/circulation; 3)the general location of pedestrian and bicycle facilities; 4)building envelopes; 5)parking envelopes; 6)public spaces and amenities; V ✓ 7)areas to be designated as conservation and/or preservation areas; V 8)conceptual stormwater detention facility locations; 9)conceptual grading; 10)a use table delineating U(use types, the number of dwelling units, ❑ non-residential square footage, ad"/building stories and/or heights, 0Y-build-to lines, 4,setbacks and yards,and ❑ other features; f11)topography, using the county's geographic information system or better t% topographical information,and the source of the topographical information, supplemented where necessary by spot elevations and areas of the site where there are existing critical slopes; - .12)the general layout for water and sewer systems; PLANNED DEVELOPMENT DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 2 of 3 13)the loc. ion of central features or major elements wi n the project essential to the design of the project,such as ❑ major employment areas, a(parking areas and structures, Li/civic areas, Vparks, 12 open space, l green spaces, Zmenities and recreation areas; 14)standards of development including ❑ proposed yards, 11 open space characteristics,and any landscape or architectural characteristics related to scale, ❑ proportions,and O massing at the edge of the district; 15)a conceptual lot layout;and Other special studies or documentation,if applicable,and any other information identified as necessary by the county on the pre-application comment form. • . . A local traffic impact statement as required by Virginia Code§15.2-2222.1 and 24 VAC 30-155-40. Please note:There are additional submittal requirements outlined on the official application for a Zoning.Map Amendment. Read and Sign I hereby state that,to the best of my knowledge,the official application submitted contains all information marked on this cher list as required for application. C et Signature of person complet this checklist Date 6*os-row C. Muttfo864-q3 -71 be Print Name Daytime phone number of Signatory PLANNED DEVELOPMENT DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 3 of 3 PHONE(434)977-0205 FAX(434)296-5220 vii INFO@ROUDABUSH.COM ROUDABUSH, GALE & ASSOC., INC. ;AND SURVEYING APROFESSIONALCORPORA ION F;"dGT ELRfNE3 914 MONTICELLO ROAD AND PLANNING CHARLOTTESVILLE,VIRGINIA 22902 LJ.THOMAS GALE.L.S. MARILYNN R.GALE.LS. WILLIAM J.LEDBETTER.LS EDWARD D.CAMPBELL III.L.S. Attn: Ms.Claudette Grant, Planner Albemarle County Department of Community Development 401 McIntire Road Charlottesville,Virginia 22902 Re: ZMA201200004 AVON PARK II Waiver Request for Private Street Authorization Construction Request Waiver for a Public Road Extension Dear Mr. Newberry: In accordance with Section 14-233 of the Albemarle County Code of Ordinances,we are requesting authorization of the proposed private streets located within the Planned Residential District designated as AVON II. We also request a partial waiver for the full construction of Hathaway Road. It is noteworthy to recognize that these requests are similar to the originally PRD,approved as ZMA201200004,where modification have been made to meet current standards. This request is synonymous with the original Neighborhood model for AVON PARK,and the private streets shall be maintained by the AVON II HMO. In reference to Section 14-233(A)(1)(i),the proposed private streets,within AVON II will be constructed to VDOT standards and provide a streetscape that is more consistent with the neighborhood model.The use of private street sections will also allow for the concurrent location of private sanitary force mains within the private right-of-way,where they are more readily accessed for maintenance. In addition,the private roadway section will be constructed to VDOT public road standards, permitting intermittent parking along both sides,as shown on plans by Roudabush,Gale and Associates,dated September 15, 2014. Through the use of a private street,and applicable to Section 14-233(A)(1)(v),additional parking immediately adjacent to the right-of-way can be provided,whereas the parking that can be provided along a public right-of-way is much less. We are also requesting a partial waiver for Section 14-410 regarding the complete construction of the stubbed portion of Hathaway Road to the property line;i.e.the Hathaway extension, proposed south of the private road. In particular,we seek for the right-of-way to continue uniformly to the property line, however construction of the full roadway curb and gutter section to the property line is not feasible to construct at this time,due to numerous reasons. Construction of the full roadway section to the property line will require additional offsite easement acquisition,and also include substantial offsite grading and clearing. In addition,the offsite grading necessary to construct the full road section would greatly impact the current residential use of the adjoiner,as well as disrupt their accessibility. It should also be noted that the proposed road grades will be substantially lower than the existing grades on the adjoining parcel,when and if the roadway will be extended. As a result, installation of the Hathaway road section should be reduced 50'short of the property line,whereas the proposed 54'public right-of-way will extend to the property line for future extension of the roadway. Thank you for your consideration regarding these requests,and as always,if I can be of any assistance,please do not hesitate to ask. Best egards, //- ' Christopher,C. Mulligan FOR OFFICE USE ONLY ZMA# SIGN# Fee Amount S Date Paid By who? Receipt# Ck# By: AiN Application for r�? Zoning Map Amendment6,'" //�� o-„ . PROJECT NAME:(How should we refer to this application?) AVb rmac- �i L TAX MAP PARCEL(s): (}f 00 -0(.1-'00 -t73i!)V Does the owner of this property own(or have any ownership interest in)any abutting property? If yes,list those tax map and parcel numbers PROPOSAL:REZONE ACRES PROPOSAL:AMEND ZMA- t 2- - 000+ FROM ZONING DISTRICT by doing the fotbwing: TO ZONING DISTRICT By adding Acres EXISTING COMP PLAN LAND USE/DENSITY; from Zoning District to Zoning District LOCATION/ADDRESS OF PARCEL(S)TO BE REZONED: Amend an existing Planned District Amend existing proffers CONVENTIONAL DISTRICTS—RA,VR,R-1,R-2,R-4, R-6,R-10,R-l5,C-1,CO,HC,LI,HI,and DCD zoning Amend a Code of Development districts EXISTING COMP PLAN LAND USE/DENSITY: PLANNED DEVELOPMENT DISTRICTS-MHD,PRD, PUD,NMD,PDMC,PDSC,and PD-IP zoning districts. LOCATION/ADDRESS OF PARCEL(S)TO BE REZONED: %ILO AVOW c , ��t;'a /[r/ r Mittt.+z..,i% Z15102.-- Are VljOZAre you submitting a preliminary site plan with this application? E]'YES ❑ NO Are you submitting a preliminary subdivision plat with this application? 0 YES 0 NO Are you proffering a plan with this application? 0 YES 0 NO Contact Person(Who should we call/write� concerning this project?): 6.444 GlL •� Address tJ3U Q.VeYI, Twp /Ai City (t,A'suqvl efv,/Li) State t Zip / wF+I Daytime Phone(`3y) S 11-043i'7� Fax#(/ ) R`13 -5324 E-mail C'pity,!�Q €i t L Ma i'/ .Cs Ill of Record ►J -E-1 A€ `Zch' .. E.S'ii°k-I1 LL (.. Address `�y7'7%(a (7,-)2-4.%4 &UtAJ G 1 City 'O '1YK. / State Mc Zip 'ZOOS+ Daytime Phone F► ) 216"'cot-3 Fax#( ) G E-mail Vt 7D ee-mZ Iet�' /n- Co in 1IM4 I Applicant(Who is the Contact person representing?): BlekE2.5o 4 Address I2'5 € YfFflw'4l c+ City aarla.k5*':ICJ State�kc Vojt Zip `l 102.- Daytime Phone l W) 32!— ' 27 Fax#( ) E-mail be41t /�te sestt () q is. !+Cwtt'1 County of Albemarle J Department of Community Development 401 McIntire Road Charlottesville,VA 22902 Voice:(434)296-5832 Fax:(434)972-4126 Zoning Map Amendment Application Revised 2/19/2014 Page 1 of 4 Section 15.2-2284 of the Code of Virginia states that,"Zoning ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and character of property,the comprehensive plan,the suitability of property for various uses,the trends of growth or change,the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies,the transportation requirements of the community,the requirements for airports, housing,schools,parks, playgrounds,recreation areas and other public services,the conservation of natural resources,the preservation of flood plains,the preservation of agricultural and forestal land,the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the locality." REQUIRED ATTACHMENTS&OTHER INFORMATION TO BE PROVIDED for �-,( THE APPLICATION TO BE OFFICIALLY SUBMITTED !S:I One(1)completed&signed copy of the appropriate checklist(see list on page 3). el One(1)copy of the Pre-application Comment Form received from county staff U One(I)copy of any special studies or documentation as specified on the Pre-application Comment Form ❑ Seventeen(17)folded copies of a Conceptual Plan for conventional zoning districts(see districts on page 1) OR rJ Seventeen(17)folded copies of an Application Plan for planned development districts(see districts on page 1) ❑ Seventeen(17)copies of a written narrative with section TITLES as follows: • PROJECT PROPOSAL The project proposal,including o its public need or benefit; (be as descriptive as possible) • For proposed Neighborhood Model District(NMD)-Provide a statement describing how the proposed district satisfies the intent of Chapter 18 and if one or more characteristics of the neighborhood model delineated in section 20A.1 of Chapter 18 are missing from the application, then provide a justification as to why any characteristics cannot or should not be provided with the proposal. • CONSISTENCY WITH COMPREHENSIVE PLAN The proposed project's consistency with the comprehensive plan,including the land use plan and the master plan for the applicable development area; • Proposed Neighborhood Model District(NMD)-Provide a narrative as to the project's consistency with the neighborhood model. • IMPACTS ON PUBLIC FACILITIES&PUBLIC INFRASTRUCTURE The proposed project's impacts on public facilities and public infrastructure. • IMPACTS ON ENVIRONMENTAL FEATURE The proposed project's impacts on environmental features. • PROPOSED PROFFERS TO ADDRESS IMPACTS The proposed proffers to address impacts from the proposed project. Proffers are voluntary offers to use property in a more restrictive way than the overall zoning district classification would allow. By State Code,proffers must have a reasonable relationship to the rezoning and are not mandatory. The rezoning must give rise to the need for the proffers;the proffers must be related to the physical development or physical operation of the property;and the proffers must be in conformity with the Comprehensive Plan. REQUIRED ATTACHMENTS CONTINUED Zoning Map Amendment Application Revised 2/19/2014 Page 2 of 4 U One(1)copy of a local traffic impact statement as required by Virginia Code§ 15.2-2222.1 and 24 VAC 30-155-40. U One(1)copy of the most recent recorded plat,that shows the Deed Book/Page Number,of the parcel(s) composing the proposed project,or a boundary survey if a portion of one or more parcels compose the proposed project,both of which shall include a metes and bounds description of the boundaries. ❑ One(1)copy of ownership information(if applicant is not also the owner). If ownership of the property is in the name of any type of legal entity or organization including,but not limited to, the name of a corporation,partnership or association,or in the name of a trust,or in a fictitious name,a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser,a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner,a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's written consent. See Attachment A in the Land Use Law Handbook for more information. ❑ As the owner/agent I certify that any delinquent real estate taxes,nuisance charges,stormwater management utility fees,and any other charges that constitute a lien on the subject property,which are owed to the County of Albemarle and have been properly assessed against the subject property,have been paid. For a Neighborhood Model District(NMD)-new or amendment of an existing NMD U Seventeen (17)copies of the Code of Development satisfying the requirements of section 20A.5. ❑ One(1)copy of a parking and loading needs study that demonstrates parking needs and requirements and includes strategies for dealing with these needs and requirements,including phasing plans,parking alternatives as provided in section 4.12.8,and transportation demand management strategies as provided in section 4.12.12;provided that the applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. U One(1)copy of strategies for establishing shared stormwater management facilities,off-site stormwater management facilities,and the proposed phasing of the establishment of stormwater management facilities. OPTIONAL ATTACHMENTS: Ca Proffer Form signed by owner(s)(1 copy). Additional Information,if any.(17 copies) Ste, Pis i:SG (.once` < 44 tI cr Low,"rri r I %fro THE FOLLOWING ZONING DISTRICT CHECKLISTS WILL BE USED BY BOTH THE APPLICANT AND STAFF DURING THE MANDATORY PRE-APPLICATION MEETING. ALSO CONSULT THE OTHER DOCUMENTS BELOW BEFORE SUBMITTING AN APPLICATION: CONVENTIONAL ZONING DISTRICT CHECKLIST STAF11 ANALYSIS OF ZMA&SP REQUESTS PLANNED DEVELOPMENT ZONING DISTRICT WATER AND SEWER EVALUATION CHECKLIST CHECKLIST PLANNING COMMISSION REQUEST FOR INFO NEIGHBORHOOD MODEL DISTRICT CHECKLIST PROFFER FORM(MS Word doe) Zoning Map Amendment Application Revised 2/19/2014 Page 3 of 4 Sol *owl Owner/Applicant Must Read and Sign I hereby certify that I own the subject property,or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate,true,and correct to the best of my knowle.:. :y signin:t .: ication I am consenting to written comments,letters and or notifications regarding this a.• ' . .n . -: provided to me or my designated contact via fax and or email. This consent does not preci .i' u , r;• ommunication from also being sent via first class mail. - AIM q `1S/l y Sim- re of 0*4"1"..1.1"""-. ontract Purchaser Date &ccv 07c, Qa.� 1-13'1. 49 . 6 777 Print Name Daytime phone number of Signatory Required FEES to be paid once the application is deemed complete: What type of Zoning Map Amendment are you applying for? ❑ Zoning Map Amendment of less than 50 acres $2,500 ❑ Zoning Map Amendment of greater than 50 acres $3,500 To be paid after staff review for public notice: Most applications for a Zoning Map Amendment require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore,at least two fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. > Preparing and mailing or delivering up to fifty(50)notices $200+actual cost of first-class postage - > Preparing and mailing or delivering each notice after fifty(50) $1.00 for each additional notice+actual cost of first-class postage > Legal advertisement(published twice in the newspaper for each public hearing) Actual cost (averages between$150 and$250) Other FEES that may apply: ❑ Deferral of scheduled .ublic hearin_ at a..licant's re.uest $180 Ma w ".;*-4.::51. :-.-i0, " a ti , a r ,.. j K Resubmittal fees for original Zoning Map Amendment fee of$2,500 ❑ First resubmission FREE ❑ Each additional resubmission(TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,250 rz,. s �`�.u:g3n.:;.,'Att.', .. .v. _ r.3 AsiMM'-'�6 �'�-�:�>��T�-�"<.'ai"�. .�"t ;e:+s a„"'�.4r'a °�r Resubmittal fees for original Special Use Permit fee of$3,500 ❑ First resubmissionFREE CI Each additional resubmission(TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,750 $1,750 The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance. Zoning Map Amendment Application Revised 2/19/2014 Page 4 of 4 rnminamiasa.. DICKERSON HOMES & DEVELOPMENT Project Proposal: Avon Park II (the "Project) 5.262 acres has been rezoned from R-6 to Planned Residential District(PRD). We are applying for a zoning amendment. The packet before you is an updated proposal for the second phase of Avon Park, aptly named Avon Park II. There have been a number of approvals granted for Avon Park II the most recent being June 2014. Dickerson Homes and Development,the prospective purchaser and developer of the property,along with county staff discovered several and significant issues with the existing,approved,site plan. We have re-designed the site plane and in doing so have created a plan that will be conforming to the neighborhood model and an aesthetically please site. We have maintained nearly 2acres of open space and have proposed the same number of units,Thirty-two (32), on the same number of lots,twenty-six (26). The break down of units consists of Twenty(20) single-family detached homes accompanied by six (6) attached homes with 6 Terrance level apartments that we are proffering as affordable dwelling units. Public need/Benefit: With any and every land development there are going to be both positives and negatives. With Avon Park II we feel the positives far out weigh the negative. Since the demise of biscuit run as a development option there is a shortage of housing south of the city. Avon Park,though a small development,provides a strong option for the community. It has a unique proximity to the downtown area and major transportation arteries. Further, we have planned a mix of housing types both in size and style in order to cater to a number of differing aesthetics and budgets but maintaining the character of the community. The site incorporates the neighborhood model that the county has been very much in favor for as well as maintaining nearly two acres of open space where native trees,shrubs,and grasses will be planted enhancing not only the beauty of the site but also in capturing and cleaning the storm water runoff. We are also introducing 6 terrace level apartments that will be affordable as defined by the county,not simply a one time affordable unit,but a home that will remain affordable as affordable is defined by Albemarle County. 925 E.Jefferson St I Charlottesville,VA 22902 info@buildDHD.com 1434.321.5227 builddhd.com @buildDHD I fb/builddhd • DICKERSON HOMES & DEVELOPMENT Lastly,there is a very small impact on the community as a whole. We are capturing and treating our storm water runoff,the roads remain private,and With 26 homes being constructed and 6 accessories apartments there is a negligible impact two the schools,public safety etc...The benefit to the county with the influx of residential tax revenue and the supporting through development of local business far out weigh the negative. 925 E.Jefferson St I Charlottesville,VA 22902 info@buildDHD.com I 434.321.5227 builddhd.com I @buildDHD I fb/builddhd Original Proffers Amendment PROFFER STATEMENT ZMA No. 2012-00004 Tax Map and Parcel Number(s): 09000-00-00-03100 Owner(s)of Record: BELLEVUE REAL ESTATE,LLC Date of Proffer Signature: September 15, 2014 5.262 acres to be rezoned from R-6 to Planned Residential District(PRD) Bellevue Real Estate LLC, a Maryland Limited Liability Company, is the owner(the"Owner") of Tax Map and Parcel Number 09000-00-00-03100 (the"Property")which is the subject of rezoning application ZMA No. 2012-00004 a project known as"Avon Park II" (the"Project"). Pursuant to Section 33 of the Albemarle County Zoning Ordinance(Chapter 18 of the Albemarle County Code), the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified above. These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the conditions are reasonable. Each signatory below signing on behalf of the Owner covenants and warrants that it is an authorized signatory of the Owner for this Proffer Statement. 1. AFFORDABLE HOUSING The Owner will provide 6 Affordable Dwelling Units (ADU)within the Project in the form of accessory apartments constructed within six (6)townhouse units. The ADUs shall be comprised of accessory apartments located within the lower level of each townhouse unit as shown on the Application Plan. The accessory apartments shall be owned by the same owner as the townhouse unit directly above each accessory apartment and each townhouse/accessory apartment type shall be located on a single lot. The Owner shall convey the responsibility of constructing the accessory apartments to any subsequent purchaser of the Property. 2. There will be a maximum of 32 dwelling units on 26 lots within the development. Twenty (20) of the 26 lots are identified on the Application Plan as having single-family detached dwelling units. The remaining six (6) lots are identified on the Application Plan as having two (2) dwelling units per lot: a 2-story townhome unit over an affordable dwelling unit. The units on these six (6) lots shall be constructed and maintained as two-family dwelling units as defined in the Virginia Uniform Statewide Building Code. The Declaration of Covenants for Avon Park 2 shall contain the following language for the 6 units: "The townhouse/accessory 1 Version:12/10/12 soosi apartment units within Avon Park 2 are constructed and must be maintained as two-family dwelling units as defined in the Virginia Uniform Statewide Building Code." 3. CASH PROFFER No cash proffers shall be paid to the county with the development of the second phase of Avon park. 4. EROSION AND SEDIMENT CONTROL The Owner shall provide additional erosion and sediment control measures above and beyond the standard regulatory requirements as stated in the Virginia Erosion and Sediment Control Handbook (VESCH) . These additional measures shall consist of the following: a) Silt Fencing (VESCH Standard 3.05) : i) Contributing drainage area to non-wire-reinforced silt fence shall be reduced from one quarter (0.25) acre per 100 feet of silt fence length to two-tenths (0.20) acre per 100 feet of silt fence. Contributing drainage area to wire-reinforced silt fence shall not exceed one quarter acre per 100 feet of silt fence; and ii) Maximum contributing drainage area to non-wire-reinforced silt fence from minor swales or ditch lines shall be reduced from 1 acre and no greater than 1 cfs to 0.8 acre and no greater than 0.8 cfs. Maximum contributing drainage area to wire-reinforced silt fence from minor swales or ditch lines shall be 1 acre and no greater than 1 cfs; and iii) The height of silt fence shall be a minimum of 24 inches above the original ground surface and shall not exceed 34 inches above ground elevation; and iv) Post spacing for non-wire reinforced silt fence shall be reduced from a maximum 6 feet apart to a maximum 5 feet apart. Post spacing for wire reinforced silt fence shall be reduced from a maximum 10 feet apart to a maximum 8 feet apart. b) Temporary Diversion Dike (VESCH Standard 3.09) : i) The maximum allowable drainage area to a temporary diversion dike shall be reduced from 5 acres to three (3) acres. c) Temporary Sediment Trap (VESCH Standard 3.13) : i) Maximum total contributing drainage area shall be reduced from 3 acres to 2 acres; and ii)• The storage volume requirement shall be increased by a factor of 1.2. d) Temporary Sediment Basin (VESCH Standard 3.14) : i) A temporary sediment basin shall be provided where the total contributing drainage area exceeds two (2) acres; and ii) The permanent pool and dry storage volumes shall be increased by a factor of 1.2. 5. ALLOWED USES The use of the Property shall be limited to those uses allowed by right under Section 19.3.1; and the use allowed by special use permit under Section 19.3.2(7), of Chapter 18, Zoning, of the Albemarle County Code, as those sections are in effect on September xx, 2013, copies of which are attached hereto in incorporated herein as Attachment A. OWNER 2 Version:12/10/12 fir' Bellevue Real Estate,L.L.C. e: Beau)P7rson (Owner's Agent) /Tax Ma v'C Parcel Number:09000-00-00-03100 3 Version:12/10/12 FOR OFFICE USE ONLY ZMA# 6 SIGN# f *toad Fee Amount Sar o /SOtiy Date Paid7By who?))ie,KP.�ie✓1 Nbr�S £ Receipt#97549 Ck# 3 By: Application fo # ` :' Zoning Map Amendment PROJECT NAME:(How should we refer to this application?) Ave v 1 1711e1 ... 3T TAX MAP PARCEL(s): og o O - --00 -031a4> Does the owner of this property own(or have any ownership interest in)any abutting property? If yes,list those tax map and parcel numbers PROPOSAL:REZONE ACRES PROPOSAL:AMEND ZMA- t Z - 0 00+ FROM ZONING DISTRICT by doing the following: TO ZONING DISTRICT lietlk3y adding Acres EXISTING COMP PLAN LAND USE/DENSITY: from Zoning District to Zoning District LOCATION/ADDRESS OF PARCEL(S)TO BE REZONED: 1 Amend an existing Planned District ❑ Amend existing proffers CONVENTIONAL DISTRICTS-RA,VR,R-1,R-2,R-4, El R-6,R-10,R-15,C-1,CO,HC,LI,HI,and DCD zoning Amend a Code of Development districts EXISTING COMP PLAN LAND USE/DENSITY: PLANNED DEVELOPMENT DISTRICTS-MHD,PRD, PUD,NMD, PDMC,PDSC,and PD-IP zoning districts. LOCATION/ADDRESS OF PARCEL(S)TO BE REZONED: t{.o kNioni cT. Fps'o emtrzt.atm-tuZ;,YR 11 j02 Are you submitting a preliminary site plan with this application? 'YES El NO Are you submitting a preliminary subdivision plat with this application? 0 YES ❑ NO Are you proffering a plan with this application? 0 YES 0 NO Contact Person(Who should we call/write concerning� this project?): CL# -j LAN Address `h i 83O K-tVCJ't+ I'J%) 6j City a+-� ktv+/ State V4 Zip J Zz9pi Daytime Phone(T3'I) 531"o"#-y7 Fax#of, q13 -3-57-4 E-mail Carry, eih hitt/ .Ls cM Owner of Record -ewe- tkeic- €.Sl tint_ L L J Addresstt ( ",)2,4 &Lew.) C City R-rb",VN-C, State rn q Zip 54 Daytime Phone(434yt�1p-e. q) Z1 b -000 3 Fax#( ) E-mail �v flirt Co rn Applicant(Who is the Contact person representing?): 13^LbAek. Elsc Address q Z'5 € Yerreass,4 c'% City a,.io Sr+e J State Vh '1 Zip r 22OZ.. Daytime Phone thy) .324_ 5221 Fax#( ) E-mail 13e4ut aleeso�t ) q ijt iI,;/c C"'h County of Albemarle Department of Community Development 401 McIntire Road Charlottesville,VA 22902 Voice: (434)296-5832 Fax: (434)972-4126 Zoning Map Amendment Application Revised 2/19/2014 Page 1 of 4 Section 15.2-2284 of the c ie of Virginia states that, "Zoning ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and character of property,the comprehensive plan,the suitability of property for various uses,the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies,the transportation requirements of the community,the requirements for airports, housing, schools,parks,playgrounds, recreation areas and other public services,the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the locality." REQUIRED ATTACHMENTS&OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE OFFICIALLY SUBMITTED ❑ One(1)completed&signed copy of the appropriate checklist(see list on page 3). ❑ One(1)copy of the Pre-application Comment Form received from county staff U One(1)copy of any special studies or documentation as specified on the Pre-application Comment Form U Seventeen(17)folded copies of a Conceptual Plan for conventional zoning districts(see districts on page 1) OR ❑ Seventeen(17)folded copies of an Application Plan for planned development districts(see districts on page 1) U Seventeen(17)copies of a written narrative with section TITLES as follows: • PROJECT PROPOSAL The project proposal,including o its public need or benefit; (be as descriptive as possible) • For proposed Neighborhood Model District(NMD)-Provide a statement describing how the proposed district satisfies the intent of Chapter 18 and if one or more characteristics of the neighborhood model delineated in section 20A.1 of Chapter 18 are missing from the application, then provide a justification as to why any characteristics cannot or should not be provided with the proposal. • CONSISTENCY WITH COMPREHENSIVE PLAN The proposed project's consistency with the comprehensive plan,including the land use plan and the master plan for the applicable development area; • Proposed Neighborhood Model District(NMD)-Provide a narrative as to the project's consistency with the neighborhood model. • IMPACTS ON PUBLIC FACILITIES& PUBLIC INFRASTRUCTURE The proposed project's impacts on public facilities and public infrastructure. • IMPACTS ON ENVIRONMENTAL FEATURE The proposed project's impacts on environmental features. • • PROPOSED PROFFERS TO ADDRESS IMPACTS The proposed proffers to address impacts from the proposed project. Proffers are voluntary offers to use property in a more restrictive way than the overall zoning district classification would.allow. By State Code,proffers must have a reasonable relationship to the rezoning and are not mandatory. The rezoning must give rise to the need for the proffers; the proffers must be related to the physical development or physical operation of the property; and the proffers must be in conformity with the Comprehensive Plan. REQUIRED ATTACHMENTS CONTINUED Zoning Map Amendment Application Revised 2/19/2014 Page 2 of 4 V ❑ One(1)copy of a local traffimpact statement as required by Virginia Code§ 15.2-2222,1 and 24 VAC 30-155-40. U One(1)copy of the most recent recorded plat,that shows the Deed Book/Page Number,of the parcel(s) composing the proposed project,or a boundary survey if a portion of one or more parcels compose the proposed project,both of which shall include a metes and bounds description of the boundaries. U One(1)copy of ownership information(if applicant is not also the owner). If ownership of the property is in the name of any type of legal entity or organization including,but not limited to, the name of a corporation,partnership or association,or in the name of a trust,or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser,a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner,a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's written consent. See Attachment A in the Land Use Law Handbook for more information. U As the owner/agent I certify that any delinquent real estate taxes,nuisance charges,stormwater management utility fees,and any other charges that constitute a lien on the subject property,which arc owed to the County of Albemarle and have been properly assessed against the subject property,have been paid. For a Neighborhood Model District(NMD)-new or amendment of an existing NMD U Seventeen (17)copies of the Code of Development satisfying the requirements of section 20A.5. U One(1)copy of a parking and loading needs study that demonstrates parking needs and requirements and includes strategies for dealing with these needs and requirements,including phasing plans,parking alternatives as provided in section 4.12.8,and transportation demand management strategies as provided in section 4.12.12;provided that the applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. U One(1)copy of strategies for establishing shared stormwater management facilities,off-site stormwater management facilities,and the proposed phasing of the establishment of stormwater management facilities. OPTIONAL ATTACHMENTS: U Proffer Form signed by owner(s)(1 copy). U Additional Information,if any.(17 copies) THE FOLLOWING ZONING DISTRICT CHECKLISTS WILL BE USED BY BOTH THE APPLICANT AND STAFF DURING THE MANDATORY PRE-APPLICATION MEETING. ALSO CONSULT THE OTHER DOCUMENTS BELOW BEFORE SUBMITTING AN APPLICATION: CONVENTIONAL ZONING DISTRICT CHECKLIST STAFF ANALYSIS OF ZMA&SP REQUESTS PLANNED DEVELOPMENT ZONING DISTRICT WATER AND SEWER EVALUATION CHECKLIST CHECKLIST PLANNING COMMISSION REQUEST FOR INFO NEIGHBORHOOD MODEL DISTRICT CHECKLIST PROFFER FORM(MS Word doe) • Zoning Map Amendment Application Revised 2/19/2014 Page 3 of 4 `re *0r./ Owner/Applicant Must Read and Sign I hereby certify that I own the subject property,or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate,true,and correct to the best of my knowledge.By signing this application I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not p clue uch wri unication from also being sent via first class mail. Signature of Owner/Agent or Contract Purchaser Date Vt1D CffT 4 s'31 - 2.11Z Print Name Daytime phone number of Signatory Required FEES to be paid once the application is deemed complete: What type of Zoning Map Amendment are you applying for? ❑ Zoning Map Amendment of less than 50 acres $2,500 ❑ Zoning Map Amendment of greater than 50 acres $3,500 To be paid after staff review for public notice: Most applications for a Zoning Map Amendment require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore,at least two fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. > Preparing and mailing or delivering up to fifty(50)notices $200+actual cost of first-class postage > Preparing and mailing or delivering each notice after fifty(50) $1.00 for each additional notice+actual cost of first-class postage > Legal advertisement(published twice in the newspaper for each public hearing) Actual cost (averages between$150 and$250) Other FEES that may apply: ❑ Deferral of scheduled public hearin: at .phcant's request $180 % VAri 'z'*4 i 4 .. -4-arm,x' �"c1`.�.,54�aa .ra.,� �w:'i r- .M..s `.4'"s-r`;, zY.�, „N 1; Resubmittal fees for original Zoning Map Amendment fee of$2,500 U First resubmission FREE LI Each additional resubmission(TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,250 x-` z.�.a s r `- =c ,'"`` ``' ri h r ` x t v 'S >ev a ifs ,,�,;,, -+c .n t . Resubmittal fees for original Special Use Permit fee of$3,500 U First resubmission FREE ❑ Each additional resubmission(TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,750 The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance. Zoning Map Amendment Application Revised 2/19/2014 Page 4 of 4