COUNTY OF ALBEMARLE
Haden Place is a request to rezone 6.69 acres from R2 Residential to NMD Neighborhood Model District for 34 residential units (20 detached, 14 attached).
Cilimberg, Echols, Ragsdale
LEGAL REVIEW: NO
December 13, 2006
ACTION: X INFORMATION:
Wendell W. Gibson of Gibson Homes is the owner/applicant with Kelly Strickland of Dominion Development Resources (formerly Rivanna Engineering & Surveying) as the consulting engineer.
On October 11, 2006, the Board of Supervisors held a public hearing on this rezoning request and voted to defer the item. Discussion and issues identified by the Board during consideration of this item included:
The applicant has requested that this item be scheduled before the Board and submitted a response letter to each item the Board discussed at the October meeting, along with revised proffers and an amendment to the application plan. These items were received on December 1, 2006. (Attachments A, B, and C) Under the prior Board deferral action, this item was not re-advertised as it was a continuation of the proposed project advertised for the October 11, 2006 Board hearing.
The new proffers and changes to the application plan were submitted later than the deadlines established in the Boardís adopted policy regarding submission of materials for zoning applications. The applicant did not advise staff that they would be submitting new information until after the item was already placed on the December 13, 2006 Board meeting agenda. Since the applicant is proposing changes to proffers, it is legally required that a new public hearing be advertised reflecting these changes.
Staff has not had time to thoroughly review the new information for form and content but offers the following preliminary comments below.
With the revised proffers and addendum Sheet A11 to the application plan submitted December 1, 2006, the applicant now proposes to construct the connection from Haden Place to Summerford Lane, which is off-site across the adjoining property in Old Trail. The plan and proffers reviewed at the October 11, 2006 Board meeting proposed that this interconnection be constructed to the Haden Place property line only. Staff is supportive of this connection, but has not had adequate review time to fully evaluate the proffers and plan changes.
The revised proffers the applicant has submitted no longer include off-site improvements to Killdeer for pavement widening nor a vehicular road connection to Killdeer Lane. The applicant has indicated that they are suggesting this as a change they are willing to make to the plans to respond to neighbor concerns regarding Killdeer Lane. Haden Lane and Killdeer Lane, along with the intersection of Killdeer Lane to Jarmanís Gap Road, are inadequate roadways to serve additional traffic. With the previous application discussed at the Boardís October 11, 2006 public hearing, the applicant proposed a connector road from Haden Lane to Killdeer Lane and off-site pavement widening on both Haden and Killdeer Lanes. These are the minimum improvements necessary to accommodate traffic from the Haden Place development. VDOT will not allow additional traffic on Killdeer Lane until the intersection improvements are made at Jarmanís Gap Road. Connections from Old Trail to Haden or Killdeer Lanes have also been prohibited until those roads are improved to handle the additional traffic. Staff is not supportive of the proposal to no longer provide off-site improvements to Killdeer Lane and to no longer provide the vehicular interconnection, as this would not establish an interconnected street grid. The applicant has not revised the cash proffer amount offered to mitigate transportation impacts, but has provided further information regarding cash value of improvements that are offered in the proffers. (Attachment A)
The applicant has added a proffer to provide phasing of affordable units with construction of the market rate units proposed in the project. The applicant proposes that units be phased, based on pre-qualified buyers, with construction of the town house units in the project. Staff cannot comment on this proffer at this time since there has not been adequate review time to consult with the Housing Director and other reviewers. As stated previously, in order for the new proffers to be approved, another public hearing is required.
The new information submitted cannot be acted on since a public hearing is required. The proffers, application plan, and code of development as submitted for the October 11, 2006 public hearing can be acted on for approval or denial. If the Board wants to consider the changes offered by the applicant, a new public hearing should be set and properly advertised.
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