COUNTY OF ALBEMARLE
Request to rezone 32.34 acres of Tax Map Parcels 80-48 and 94-1 from RA to PRD with proffers
LEGAL REVIEW: NO
October 10, 2007
ACTION: X INFORMATION:
On August 21, 2007, the Planning Commission held a public hearing on the Livengood rezoning. The Planning Commission recommended approval with the following conditions: (1) The applicant shall meet the Board’s cash proffer and affordable housing expectations for 43 residential units; (2) the applicant shall coordinate asphalt pathway locations so that they are placed on the same side of the street as residences and do not switch to the opposite side of the road between existing and proposed portions of Glenmore; and (3) the applicant provides a minimum greenway area dedication in a proffer.
Although it is not reflected in the Action Memo, the Commission engaged in discussion on paths that would lead to the Livengood section along internal Glenmore roads. In the end, the Commission did not ask the applicant to proffer that Glenmore Associates would build paths inside Glenmore. However, they did ask that Glenmore Associates work with the Glenmore Community Association and enter into a private agreement for provision of paths. The Commission asked that the applicant provide this information before the Board of Supervisors meeting. The Commission also approved a critical slopes waiver and waivers associated with private streets and rural cross-sections. At the writing of this report, staff has yet received the agreement.
Attachment I contains the action memo of the Commission. Attachment II is the staff report reviewed by the Planning Commission with the previous plan and proffers.
Since the Planning Commission meeting, the applicant has modified his proffers to meet the County’s affordable housing policy and to provide cash proffers meeting the Board’s expectation of $17,500 on all single-family detached units. The applicant has shown pedestrian paths in the locations requested by the Commission. The proffer format has also been changed such that the existing Glenmore proffers are not being revised; rather the proffers reflect only the addition of this land to the Glenmore development. Because there is no greenway on the Livengood property, the greenway dedication is not necessary with the Livengood proffers. The dedication will be made with the Leake rezoning which the Board will hear on November 14, 2007.
Attachment III contains the updated proffers and Attachment IV is the Application Plan. Minor wording changes to the proffers that have been requested by the County Attorney’s office are expected on signed proffers before the public hearing.
Staff recommends approval of ZMA 06-01 with the current proffers (Exhibit C) and the amended application plan (Exhibit D).
Staff recommends approval of a waiver to Sections 4.6.2 and 4.6.3.b. of the Zoning Ordinance to allow for the application of setbacks for the affordable dwelling units to be as shown on the application plan.
ATTACHMENT I: Planning Commission Action Memo for August 21, 2007
ATTACHMENT II: Staff Report dated August 21, 2007
ATTACHMENT III: Signed proffers dated October 1, 2007
ATTACHMENT IV: Application Plan dated September 10, 2007
View PC minutes of August 21, 2007; June 5, 2007; December 12, 2006; and October 17, 2006
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