COUNTY OF ALBEMARLE
Request to rezone approximately 17.10 acres from RA, R-1, and R-4 (existing zoning) to R-4 with proffered plan and other proffers
Messrs. Tucker, Foley, Davis, Kamptner, Graham, and Cilimberg; and Ms. Echols
LEGAL REVIEW: Yes
March 19, 2008
ACTION: X INFORMATION:
On August 8, 2007, the Board of Supervisors held a public hearing on this project which had been recommended for denial by the Planning Commission on March 17, 2007. The Board’s August 8 report can be found at http://www.albemarle.org/upload/images/Forms_Center/Departments/Board_of_Supervisors/ Forms/Agenda/2007Files/20070808/FontanaExecSummary.htm. An excerpt from the Board’s minutes concerning this item is Attachment A.
At its August 8, 2007 meeting the Board of Supervisors heard concerns from residents within the existing Fontana subdivision about unfinished pedestrian paths, drainage and erosion problems, and the safety of existing pedestrian paths. The applicant agreed to defer action on the rezoning until he had addressed these issues to the satisfaction of the staff. The expectation was for the applicant to proffer a plan for pedestrian paths in prior phases of Fontana. The plan would represent how the applicant would correct the drainage, erosion, and safety problems, apply the standard for construction which had been used in the last two phases of the development, and complete the pathway system.
Goal 4: Effectively Manage the County’s Growth and Development.
Since the Board meeting in August 2007, the applicant has provided a pathways plan and modified it twice in an attempt to respond to staff comments. Staff and the applicant have met twice to discuss the plan and modifications and several homeowners were present at both meetings. It was staff’s opinion that the path plan that was being provided by the applicant could not be implemented and, after numerous discussions, staff decided to prepare a plan for the applicant’s consideration. This plan, which has now been proffered (Attachment B, Proffer 10), relies on the County Engineer, the applicant, and affected property owners to work out completion of the system in the field. The standard to be used is a four-foot wide asphalt path. Drainage and erosion problems are to be corrected.
Attachment C contains the proffered plan of development (Proffer 1).
This is a residential development which would provide cash contributions in accord with the Board of Supervisors’ policy to address the proposal’s impact to public facilities.
Staff believes that, with the proffer for construction and completion of the Fontana path system and other proffer modifications to address County policies and make the proffers legally acceptable, the applicant has appropriately addressed the Board’s expectations. Staff recommends approval of the ZMA 2004-008, inclusive of proffers dated February 24, 2008 and signed March 12, 2008.
Attachment A – Excerpt from August 8, 2007 Board of Supervisor’s Meeting
Attachment B – Proffers including Pedestrian path Plan dated 2-25-08
Attachment C – Rezoning Plan (proffered) dated July 30, 2007
Return to regular agenda