Albemarle County Planning Commission

October 30, 2007



ZMA-2007-00004 Oakleigh Farm (Sign # 62)

PROPOSAL:  Rezone 8.82 acres from R-6 zoning district which allows residential uses and 6 units/acre to NMD - Neighborhood Model zoning district which allows residential mixed with commercial, service and industrial uses and 3 - 34 units/acre.  Proposed number of units is 109 for a density of 12.3 units/acre.


EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY:  Urban Density Residential - residential 6.01-34 units/acre) and supporting uses such as religious institutions, schools, commercial, office and service uses. Neighborhood 1


LOCATION: 547 Rio Road West (Route 631) directly across the street from Woodburn Road (Route 659)



(Claudette Grant)


Motion:  Mr. Craddock moved, Mr. Zobrist seconded, for denial of ZMA-2007-00004, Oakleigh Farm, as recommended by staff for the reasons stated in the staff report as unfavorable conditions.




Staff noted to the Commission that the applicant had agreed to address the following items that had been identified in the staff report:


1.                   Timing of payment for affordable units.

2.                   Provision of an easement to the adjoining property.

3.                   Making the proffers and Code of Development consistent with regards to limitations on the amount of retail square footage that would be available in the development (14,400 square feet)

4.                   Correcting wording problems in the proffers.

5.                   Correcting the Code of Development as requested by staff.


The Commission agreed that the applicant had appropriately addressed the issues related to pedestrian access to Berkeley by contacting the adjoining owners. 


Regarding the recommendation for denial, Mr. Cilimberg asked if it was based on the unfavorable factors identified by staff that had not been committed to by the applicant. There were some things that the applicant said at tonight’s meeting that they would address. In addition, he asked if the Commission’s recommendation was also based on the lack of a provision of affordable units physically located in the project.


Mr. Zobrist asked that Mr. Strucko’s concern be added about the fact that there is no policy in place for protecting the rural areas as opposed to the development areas.  He does not want to overload the development areas until there is a current policy to protect the rural areas.


Mr. Strucko agreed, but questioned if that was part of the motion or the sediment of the other Commissioners.


Mr. Cannon noted that he felt the same way, but it was not part of his vote on this.


The Commission agreed with Mr. Cilimberg’s summary.



The motion for denial passed by a vote of 7:0. 


Ms. Joseph stated that ZMA-2007-0004, Oakleigh Farm will go before the Board of Supervisors with a recommendation for denial on December 12, 2007.  The recommendation for denial was based on the following reasons:


  1. Impacts on public facilities are not appropriately offset through proffers meeting the County’s cash proffer policy or the provision of public improvements.
  2. The provision of a buffer along the common property line with Heritage Hall had not been provided

3.       The lack of affordable units to be physically located in the project.



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