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HomeMy WebLinkAboutSDP201800050 Request of Modification, Variance, Waiver 2018-10-190 A COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone 434 296-583z Fax 434 972-4126 October 19, 2018 Ashley Davies CIO Williams Mullen 321 E. Main Street Charlottesville, Va 22902 RE: ZNFA201500007 Brookhill - Special Exception for two variatio3s to the Code of Development Dear Ms. Davies, On September 5, 2018, the Board of Supervisors approved the special exceptions to eliminate the requirement that the rear setback in Block 4 be adjacent to the Route 29 100 foot buffer and split the buffer to be provided between the new development in Block 4 and existing VDOT stormwater management pond located next to Route 29 into two sections on TMPs 04600-00-00-01800; 04600-00- 00-018A0; 04600-00-00-0 1 9A0; 04600-00-00-01 9B 1; 04600-00-00-019B3; 04600-00-00-019B4in the Rivanna District. This approval is based on the Board's adoption of the attached resolution and condition. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: * compliance with conditions of the SPECIAL USE PERMIT; approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. Before beginning uses as allowed by this special use permit or if you have questions regarding the above - noted action, please contact Rebecca Ragsdale at (434) 296-5832 ext. 3226. Sin rely, Cameron Langille Senior Planner CC: Alan Taylor 321 E. Main Street Charlottesville, VA 22902 *Attachment* RESOLT3TICN TO API" �tGVE SPE.C_A.;i+xuyriON WR Zi-201500 07 BROOKEIIL , TO VARY =,q CODE OF DEVE:'uGl rAENT R4HEREAS, the Owner of Tax Map Parcel Numbers 04600-00-00-01800, 04600-00-00-018AO, 04600-00-00-019A0, 04600-00-00-019B1, 04600-00-00-019B3, and 04600-00-00-019B4 filed a request for a special exception to vary the Code of Development approved in Conjunction with ZMA201500007 Brookhill to eliminate the requirement that the rear setback in Block 4 be adjacent to the Route 29 100 foot buffet' and to split the buffer to be provided between the new development in Block 4 and an existing VDOT stormwater management pond located next to Route 29 into two sections as shown on pages 17 and 19 of the Brookhill Code of Development dated August 8, 2018. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the Memorandum prepared in conjunction with the special exception request and the attachments thereto, intcluding staff's supporting analysis, and all of the factors relevant to the special exceptions in Albemarle County Code § § 18-8.5.5.3, 18-33.5, and 18-33.9, the Albemarle County Board of Supervisors hereby approves the special exception to vary the Code of Development approved in conjunction -with 2MA201500007 Brookhill, as described herekabove, subject to the condition attached hereto. L Claudette K. Bmgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, 'Virginia, by a vote of hve to zero. as recorded below, at a meeting held on S ember 5 2018. Clerk, oard of County Supervi�s Mr. Dill Absent Mr. Gallaway Y Ms. Mallek Y Ms. McKee] y Ms. Palmer Y Mr. Randolph y Special Exception to Vary ZMA20150M W Brookhiil Code of Development Special Exception Condition ! . The special Mcception shall apply to Block 4 as shown on pages 17 and 19 of the Brookhill Code Of Development dated August 8, 2019. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 To: Albemarle County Board of Supervisors From: Cameron Langille, Senior Planner Date: September 5, 2018 Re: Request for Special Exception for two variations to the Code of Development regarding "Lot Regulations and Setbacks" and "Buffers" for ZMA201500007 Brookhill TMP(s): 04600-00-00-01800; 04600-00-00-018A0; 04600-00-00-019A0; 04600-00-00-019B1; 04600-00-00-019B3; 04600-00-00-019B4 Magisterial District: Rivanna Magisterial District School Districts: Hollymead Elementary, Sutherland Middle, Albemarle High Zoning District: Neighborhood Model District (NMD) Summary of Request for Special Exception: The applicant is requesting two changes to the Code of Development (COD) for Brookhill. The first request is to amend the wording related to where the rear setback for buildings in Block 4 will be located. The current COD states that the 10 foot minimum rear setback in Block 4 shall be measured "adjacent to" a 100 foot wide landscaping buffer between Route 29 and the new development. The applicant is proposing to eliminate the requirement specifying that the rear setback be adjacent to the Route 29 100 foot buffer. The 100 foot buffer will still be provided, and all new buildings in Block 4 will be setback from Route 29 by at least 100 feet. The COD also requires a 50 foot planted/reforested buffer to be provided between the new development in Block 4 and an existing VDOT stormwater management pond located next to Route 29. The second variation request proposes to split the buffer into two sections. One portion of the buffer will be installed between the stormwater management pond and Block 4 and will measure between 20.8 feet and 30 feet wide. A second portion of the buffer measuring between 30 feet and 35 feet wide will be installed on the opposite side of the stormwater pond. This will result in the installation of a replanted/forested buffer measuring 50 feet in total width located in two separate sections. County Code § 18-8.5.5.3 and § 18-33.5 allow special exceptions to vary approved Application Plans and Codes of Development upon considering whether the proposed variation: (1) is consistent with the goals and objectives of the comprehensive plan; (2) does not increase the approved development density or intensity of development; (3) does not adversely affect the timing and phasing of development of any other development in the zoning district; (4) does not require a special use permit; and (5) is in general accord with the purpose and intent of the approved application. County Code § 18-33.5(a)(1) requires that any request for a variation be considered and acted upon by the Board of Supervisors as a special exception. Please see Attachment C for the full staff analysis. Staff Recommendation: Staff recommends that the Board adopt the attached Resolution (Attachment D) to approve the special exception. Attachments: A — Application Materials (Applicant Justification; Revised Setback and VDOT Stormwater Management Buffer Exhibit) B — Revised ZMA201500007 Code of Development with Proposed Variations C — Staff Analysis for Setback and Buffer Variation D — Resolution 11 0 F, APPLICATION FOR A SPECIAL EXCEPTION ❑ Request for a waiver, modification, variation 9 Variation to a previously approved Planned or substitution permitted by Chapter 18 = $457 Development rezoning application plan or Code of Development = $457 OR ❑ Relief from a condition of approval = $457 Provide the following ❑ 3 copies of a written request specifying the section or sections being requested to be waived, modified, varied or substituted, and any other exhibit documents stating the reasons for the request and addressing the applicable findings of the section authorized to be waived, modified, varied or substituted. Provide the following 3 copies of the existing approved plan illustrating the area where the change is requested or the applicable section(s) or the Code of Development. Provide a graphic representation of the requested change. J� 1 copy of a written request specifying the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation. Project Name and Assigned Application Number (SDP, SP or ZMA): N gulp -Zhu W 20%Q -- o ,0 -+ Tax map and parcel(s): p,(�Ab ©y — b �0 — o o r4151q p , -- la A -- I P% vz. .1 A-ta - % ,Ck Contact Person +ems w � I l%&-v►r,s ►�.� I -car, Address S24 5. ►rir6.v► -ram-¢. City State \f R Zip ?,ZA o Z C-211 Daytime Phone# (4r;,OC ) %\ -S7'LS Fax# (4�2t) 12.,�- Email d•dl u� WiVI iw4,� yj Owner of Record -- Address Daytime Phone# (AQ-A- ) Z4S — A-013-zFax City !cant (who is the Contact Person representing?) 11� Q%A1 ter: T10--"" State Zip Email ak,1.%A,, j-&j . County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 9111. 016ss APPLICATION FOR A SPECIAL EXCEPTION Owner/Applicant Must Read and Sign Each owner -initiated application for a zoning map amendment shall be signed -by the owner of each parcel that is the subject of the Proposed zoning map amendment, provided that: a. An owner whose parcel is subject to proffers may apply to amend the proffers applicable solely to the owner's parcel, provided that written notice of the application is provided to the owners of other parcels subject to the same proffers under Virginia Code § § 15.2-2204(H) and 15.2-2302. However, the signatures of the owners of the other parcels subject to the same proffers shall not be required. b. An owner within an existing planned development may apply for a zoning map amendment, and the signatures of any other owners within the planned development is required only if the amendment could result in or require: (i) a change in use, density or intensity on that parcel; (ii) a change to any regulation in a code of development that would apply to that parcel; (iii) a change to an owner's express obligation under a regulation in a code of development; or (iv) a change to the application plan that would apply to that parcel. The applicant must submit documentation establishing ownership of any parcel and the authority of the signatory to sign the application on behalf of the owner. SEE PAGE 3 FOR SIGNATURES 0 *1 =+1 N: APPLICATION! FOR A SPECIAL EXCEPTION Owner/Applicant Must Read and Sign The foregoing information is complete 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 preclude such written communication from also being sent via first class mail. Signature of caner, Contract Purchaser, Agent Print Name Date _A96.4--- ac- 1.- s - VS Daytime phone number of Signatory ***If multiple property owners are required to sign the application per Section 33.2 b (1b) then make copies of this page and provide a copy to each owner to sign. Then submit each original signed page for the Special Exception Application, 0 4610 0 — 0 o --. o'v — 01 cy 1a v i Tax Map & Parcel Number: 46 --1 q , , q'b - I -% g, , ` 16 - 1CjS,,-!6.6 46 - 111% � 4t Owner Name of above Parcel: 1-M�lt+e�e, -�� ��-v�dys,e. 1A•�*{-vorL, FOR OFFICE USE ONLY SDP, SP or ZMA # Fee Amount $ Date Paid By who?eceipt # Ck# By BROOKHILL SPECIAL EXCEPTION REQUEST July 20, 2018 Variation Request #1: Minimum Rear Setback Requirement, Urban Density Residential, Blocks 2-4 Pursuant to Albemarle County Zoning Ordinance Section 8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENTS, and on behalf of our client, Riverbend Development (the "Applicant"), the developers of the Brookhill Property, (the "Property"), we hereby request a variation of the Brookhill Neighborhood Model Code of Development, dated October 13, 2016 and approved by the Board of Supervisors on November 9, 2016 as part of ZMA 2015-007. Specifically, we request relief from the provision requiring a minimum setback of 10 feet in Block 4 adjacent to the Route 29 buffer area to allow for the proposed Development of Block 4 (the "Development"), currently under review by Albemarle County staff and the Architectural Review Board. The Route 29 Buffer (the "Buffer") requires a 100-foot landscape buffer, therefore creating an extensive setback area along the Entrance Corridor and primary frontage of the property. In addition, the Applicant has agreed to extensive reforestation of areas within the Buffer that were previously timbered to ensure an adequate and naturally landscaped frontage. This includes hundreds of trees and shrubs within the 100-foot deep swath of land. According to subsection a of 8.5.5.3, The director of planning is authorized to grant a variation from the following provisions of an approved plan, code or standard: 1. Minor changes to yard requirements, build -to lines or ranges, maximum structure heights and minimum lot sizes. We request relief from the 10-foot minimum rear setback requirement for Block 4 as established on page 17 of the Code of Development in Table 2.3.2.2. The notes section of this table states: "Rear setback for Block 4 shall be adjacent to the Route 29 Buffer". The Application Plan and Code of Development are attached for your refence. As noted previously, the Route 29 Buffer already provides at minimum a 100-foot setback along the Route 29 frontage that will be extensively landscaped due to the Applicant's reforestation efforts. The Development of Block 4 includes multiple apartment buildings and associated parking and support structures. There are three areas within the Block 4 site plans in which the 10-foot rear setback is not met, as shown in the attached exhibit. We contend that the 100-foot setback established by the Buffer is more than adequate in this case and the addition of 10 feet of setback adjacent to the Buffer is not necessary and does not provide any additional public benefit. Renderings of the proposed Development from Route 29 are also attached, demonstrating the extensive buffer area and providing a simulation of the reforestation efforts of the Applicant. We ask for the County's support of this minor variation request to the Brookhill Code of Development. • We find that this request is consistent with the goals and objectives of the comprehensive plan. The Brookhill Neighborhood Model District was approved as being consistent with the rand Use Plan of Albemarle County. The Development provides opportunities for economic development in Albemarle County and a variety of new housing options within the Development Area. Brookhill, proposed as a mixed -use and walkable community, is consistent with the principles of the Neighborhood Model while also protecting areas of environmental sensitivity. This variation does not propose any change that would impact the Application Plan or the Development's overall consistency with the Comprehensive Plan. We find that this request does not increase the approved development density or intensity of development. The density of the Brookhill Development is established through the Code of Development and this document provides overall limits and parameters of density, and well as the allowed intensity of development within the various blocks of the Neighborhood Model District. The proposed apartment buildings are within compliance of the density regulations as established by ZMA 2015-007, and no change to density is requested. • We find that this request does not adversely, affect the timing and phasing of development of any other development in the zoning district. This request has no impact to any other development within the Brookhill Development or any other development in the general vicinity. The Site Plan for the proposed apartment buildings is currently under review by County staff, and the Architectural Review Board has also initially reviewed the portions of Block 4 that are visible from the Entrance Corridor. • We find that this request does not require a special use permit The proposed apartment buildings are a by -right use within Block 4 of the Brookhill Development. • We find that this request is in general accord with the Purpose and intent of the approved application. The Purpose and Intent of the Brookhill Code of Development is stated as such: The intent of the Code of Development and Application Plan is to provide a framework for the Development of Brookhill that is in accordance with the principles of the Neighborhood Model, Albemarle County Comprehensive Plan, and Albemarle County Zoning Regulations, while allowing for maximum flexibility and creativity in the establishment of the Application Plan, mixture of uses, building locations, street networks, densities within the property, and overall design of the project. The Route 29 Buffer area is a clearly established component of both the Code of Development and the Application Plan. Because this extensive area of buffering is already required and established in the proposed site plan for the apartments, the variation request for relief from an additional setback beyond the 100 feet is consistent with the intent of both the Application Plan, which shows the buffer area, and the Code of Development, which contemplates flexibility and creativity. Variation Reguest #2: VDOT Stormwater Management Facility Buffer Pursuant to Albemarle County Zoning Ordinance Section 8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENTS, and on behalf of our client, Riverbend Development (the "Applicant"), the developers of the Brookhill Property, (the "Property"), we hereby request a variation of the Brookhill Neighborhood Model Code of Development, dated October 13, 2016 and approved by the Board of Supervisors on November 9, 2016 as part of ZMA 2015-007. Specifically, we request relief from the provision within Section 2.4.2 of the Code of Development regarding Buffers. In this section, the Route 29 Buffer (the "Buffet") is established, requiring a 100-foot landscape buffer along Route 29. Within the Buffer, there is an allowance to reduce the depth to 50 feet in the area of an existing VDOT stormwater management facility (the Stormwater Facility Buffer). The purpose of the Buffer is to screen Development from the Entrance Corridor. In the Notes Section of the Buffer Classification Table on page 19 of the Code of Development, it states: Buffer shall be reduced to 50' between the VDOT stormwater management facility and the Development. Any portion of the 50' buffer that is disturbed shall be replanted with a mixture of deciduous and evergreen shrubs and trees to be approved by the Director of Planning. As part of the Brookhill Development, the existing VDOT stormwater management facility (the "Facility"), located along the Route 29 frontage of the Property, is being expanded to accommodate additional stormwater runoff. Due to the location of the Facility, the existing dam, and the surrounding grades, expansion of the Facility will bring it further into the Development area of the site and within closer proximity to the proposed apartment building in Block 4 of the Development. See the attached exhibit showing the expanded Facility and proposed buffer areas. The expanded Facility presents challenges in achieving the 50-foot buffer required between the Facility and the Development, as required in the Code of Development. The Applicant has committed to provide 50 feet of buffer area in the vicinity of the Facility, however, due to the expanded size of the Facility, the total 50-foot area is not available in between the Facility and the proposed apartment building. Instead, this requested variation would allow flexibility for the full depth of the Stormwater Facility Buffer to be provided not just in between the Facility and the Development, but also in between the Facility and the Entrance Corridor. The area between the Facility and Route 29 includes land within the VDOT right-of- way, however VDOT has already agreed to allow the plantings as shown on our exhibit and the necessary easement document is underway. Thus, the 50-foot requirement could be successfully accomplished using both areas. This option creates far superior screening from the Entrance Corridor because both the proposed expanded Facility and the Development will be appropriately screened from view. The attached rendering demonstrates the proposed landscaping of the expanded Facility compared to the existing conditions. The proposal also includes the removal of the existing chain link fence surrounding the Facility and replacement with a more attractive dark metal fence, as preferred by the Architectural Review Board. 3 In addition, the Applicant has agreed to extensive reforestation of other areas within the Buffer that were previously timbered to ensure an adequate and naturally landscaped frontage. This includes hundreds of trees and shrubs within the standard 100-foot deep swath of land. According to subsection a of 8.5.5.3, The director of planning is authorized to grant a variation from the following provisions of an approved plan, code or standard. ...4. Minor changes to landscape or architectural standards We request relief from the 50-foot buffer requirement in between the Facility and the Development in order to provide a solution which splits the buffer area to buffer both the Facility and the Development. The full 50-foot depth of buffering will be accomplished with this request; however, the area in between the Facility and Route 29 will be utilized. As noted previously, the remainder of the Route 29 Buffer provides a 100-foot landscape buffer along the Route 29 frontage that will be extensively landscaped due to the Applicant's reforestation efforts. We ask for the County's support of this minor variation request to the Brookhill Code of Development. • We find that this request is consistent with the goals and objectives of the comprehensive plan. The Brookhill Neighborhood Model District was approved as being consistent with the Land Use Plan of Albemarle County. The Development provides opportunities for economic development in Albemarle County and a variety of new housing options within the Development Area. Brookhill, proposed as a mixed -use and walkable community, is consistent with the principles of the Neighborhood Model while also protecting areas of environmental sensitivity. This variation does not propose any change that would impact the Application Plan or the Development's overall consistency with the Comprehensive Plan. We find that this request does not increase the approved development density or intensity of development. The density of the Brookhill Development is established through the Code of Development and this document provides overall limits and parameters of density, and well as the allowed intensity of development within the various blocks of the Neighborhood Model District. The proposed adjustments to the buffer do not impact the density as approved for the Property. We find that this reguest does not adversely affect the timing and phasing of development of any other development in the zoning district. This request has no impact to any other development within the Brookhill Development or any other development in the.general vicinity. The Site Plan for the proposed apartment buildings is currently under review by County staff, and the Architectural Review Board has also initially reviewed the portions of Block 4 that are visible from the Entrance Corridor. The Board of Architectural Review discussed this variation request and determined that it is favorable to screen the Facility from the Entrance Corridor. • We find that this request does not require a special use permit. The proposed apartment buildings and Facility are a by -right use within Block 4 of the Brookhill Development. 4 We find that this request is in general accord with the purpose and intent of the approved application. The Purpose and Intent of the Brookhill Code of Development is stated as such: The intent of the Code of Development and Application Plan is to provide a framework for the Development of Brookhill that is in accordance with the principles of the Neighborhood Model, Albemarle County Comprehensive Plan, and Albemarle County Zoning Regulations, while allowing for maximum flexibility and creativity in the establishment of the Application Plan, mixture of uses, building locations, street networks, densities within the property, and overall design of the project. The Route 29 Buffer area is a clearly established component of both the Code of Development and the Application Plan. Because this extensive area of buffering is already required and established in the proposed site plan for the apartments, the variation request to allow flexibility on the location of the 50-foot Facility Buffer is consistent with the intent of both the Application Plan, which shows the buffer area, and the Code of Development, which contemplates flexibility and creativity. List of Attachments: Brookhill Code of Development, dated October 13, 2016, Approved by the Board of Supervisors on November 6, 2016 Brookhill Application Plan, dated September 16, 2016 Setback Exhibit, dated July 12, 2018 SWM Buffer Exhibit, dated July 12, 2018 Project Renderings, no date SWM Renderings, dated July 12, 2018 36586091_1 5 OF E[ WILE TRAIL *NO'POLO GROUNDS YIOAV LOOKI" SOUTHEAST FROM SEYINOLE TRAIL fNTO THE ENTFLA SEE AT ARCHER AVENUE PH01-0 KEY 4 LOOKING SOUTHEAST FROM SEMINOLE TRAIL INTO BROOKNILL BLOCK 48 AT THE SWM POND BROOKHILL ENTRANCE CORRIDOR Charlottesville, Va NW INTO ORGGKJ41LL HL.00K 4A LOOKING SOUTHEAST FROM SEMINOLE TRAIL INTO BROOKHILL BLOCK 40 B:OHLEAR ROUTE 29 NORTH EXISTING CONDITIONS LANDSCAPE SCREENING EXHIBIT BROOKHILL APARTMENTS, ALBEMARLE COUNTY, VIRGINIA ROUTE 29 NORTH PROPOSED SCREENING 07/12/18 V152000 IM B4HLER i --- -� � � � � � Air► -_ I // lei, Ll / !� I poll \ I .1 � L■.I i; i � Ir III,! -- -- �t;K •�- ' lip �� � K -.- aa�. u � � K i� i � saw. _� • P I\ ® OWN �p��;+ i���/ ��i,1vv��i!�r���Iir[r���� iii'-=Q��v�t�`�i �• `` � � / ,,-�=;5%i — � �`�� - t Amw mass of ---------------- FC)] nH LERBROOKHILL ,. ENGINEERING SETBACK PARK ., PROPFAMILY `r APARTMENTS PROPOSED PLANTING AREA 4 STORY 60' MAX PROP. HEIGHT '\ (BUILDING TYPE V) 4.; f ' FF=45.50 1 i `, • ( I , `\ * / BF = 44 .84 1 CO OJLS I 50' BUFFER LINE \ I 44 4 I PROPOSED PROPERTY LINE 442 ; CR PROP. 6 46 2 , FENCE ;' / _ ----- 4 L PROP. Al RI. RAP — v _ 7co PROP. --- EXTEN- DED I , II I 1I , PROPOSED ROPOSED 10. .0 �';445 REFORESTED BUFFER ' ,`, `I 1 1' 7 ' DETENTION ,, ,j�, , , BIVIP AREA I 1 `jI ,PROPOSED `\ \`\. PLANTING AREA - , --------- ---- I ------ ------ ------------ ------------ ---------- ____----- '�——--------- _ -- -- A 111 �i _ _ -_____________----------------------------- _____- o - M --------------------------------------------- �� — ----------- ---- ------------ ROUTE 2 THE 50' PLANTING BUFFER AREA BETWEEN ROUTE 29 ___= -_ -- _ - - - - - -- ------------------- - AND THE PROPOSED BUILDING IN THE SWM AREA �- - - - - - - - - - - - - - - _ - l/ARIABLE WIDTH -SPEED LIMIT 45 M.P.H. WILL BE SATISFIED BY A COMBINATION OF PLANTINGS _ _ - - - - - - -- �' _— — — — D.B. 220 P. 159 D.B. 312 P. 552 H.W.P B. l P. 254 BOTH IN BETWEEN THE BUILDING AND FACILITY, AND _ - -- - - ------------------------ _- _ ' w IN BETWEEN THE FACILITY AND ROUTE 29, AS SHOWN.�ww-"=_ ---- B R O O K H I L L- BLOCK 4 APARTMENTS 1p Date I Initials I Project# I Rev ]ENGINEERING 40 20 10 0 40 28 BLACKWELL PARK LANE, SUITE201 WARRENTON, VA 20186 SWM BUFFER EXHIBIT PHONE:(540) 349.4500 FAX:(540) 34M321 THE INFORMATION, DESIGN AND CONTENT OF THIS PLAN ARE PROPRIETARY AND SHALL NOT BE 1 "= 40' COPIED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN AUTHORIZATION FROM BOHLER 2.3.2.2 Urban Density Residential — Block 2 through Block 4 Requirement Minimum Maximum Notes Front Setback 5' minimum 25' maximum Exceptions to the maximum setbacks shall be considered Porches 4' minimum 25' maximum during the site plan process Side Setback 5' No maximum Minimum 10' bldg. separation Side, Corner Lot Setback 5' No maximum Rear Setback 10, No maximum Garage Setbacks See Figure 12 See Figure 12 Figure 12 is located on Sheet 30 of the Code of Development Height No minimum 4 stories/ 60' Buildings greater than 3 stories must step back a minimum of 15 5 stories/70' feet after the 3rd story or provide a with Special minimum 15 foot front setback or Exception side setback adjacent to a street Lot size No minimum No maximum Building Footprint No minimum 15,000sf (Non- Maximum does not apply to Residential) & assisted living facilities, rest No maximum homes, recreational and civic for Residential spaces, health clubs, and multi - Units family buildings Note: Buildings over 3 stories shall require a 26' wide, exclusive of shoulders, aerial fire apparatus access road that is no more than 30' from the building to meet Fire and Rescue regulations. Variation #1: August 8.2018 — Removed Notes for Block 4 from Rear Setback 4 story 5 story Figure 3: Front yard setbacks for Non-residential buildings within the Neighborhood Service Center and Urban Density Blocks 171Page ZMA — Code of Development Brookhill 2.4.2 Buffers Buffers are part of the Greenspace Area within Brookhill. There are (5) proposed Buffers to be located on the Brookhill property, which are outlined below. Each of the buffers shall be established at the time of development of the individual block that contains the buffer. If the buffers as shown on the Application plan and described below are disturbed during construction (above what is permitted), additional approvals for increases in square footage and/or dwelling units (site/subdivision plans and/or building permits) will not be approved until the buffer is restored or bonded. All buffers shall be measured from the property lines or edges of the public right-of-way. Installation and maintenance of freestanding signage, pedestrian paths, and trails shall be allowable disturbances within the buffer areas. Disturbances to the Buffer for required site distances for the roadway access points as shown on the Application plan and utility connections shall also be allowed. In addition, removal and replacement of trees within the buffer shall be allowed if the Director of Community Development determines that the existing tree or trees create a substantial risk to people or property or the trees are diseased or dying. Buffers shall not be located within any private lot, and the buffer shall be owned and maintained by the Homeowners Association. Buffer Classification Buffer Buffer Width Description Notes Route 29 100 feet wide Buffer along Route 29 to 1. 30' portion of the buffer may be disturbed for grading Buffer (70' Natural screen development from within the development, and shall be replanted with a Undisturbed Buffer Entrance Corridor. mixture of deciduous and evergreen shrubs and trees to & 30' Planted / be approved by the Director of Planning. Reforested Buffer) Note: See Figure 4 for 2. Buffer shall be reduced to 50' around the VDOT additional details on the stormwater management facility. The buffer shall be Buffer. planted on both sides of the VDOT swm facility so long as a total of 50' buffer is provided. Any portion of the 50' buffer that is disturbed shall be replanted with a mixture of deciduous and evergreen shrubs and trees to be approved by the Director of Planning. Perimeter 30 feet wide Buffer Natural undisturbed buffer b/w 1. Any portion of the Perimeter Buffer that is not currently Buffer the development and the wooded shall be planted and screened with a mixture of adjacent Neighborhoods deciduous and evergreen shrubs and trees to be approved Note: See Figure 5 & 6 for by the Director of Planning. additional details on the 2. (2) proposed connection points within the perimeter Buffer. buffer — see Application plan for location. Polo Grounds 30 feet wide Buffer Natural undisturbed buffer or 1. Any portion of the Polo Grounds Road Buffer that is not Road Buffer replanted/landscaped buffer currently wooded or that is disturbed during the grading between the development and for the development or roadway improvements shall be Polo Grounds Road planted and screened with a mixture of deciduous and Note: See Figure 7 for evergreen shrubs and trees to be approved by the additional details on the Director of Planning. Buffer. 2. (2) proposed road connection points within the Polo Grounds Road buffer — see Application plan. Brookhill 20 feet wide Buffer Natural undisturbed buffer and 1. Any portion of the Brookhill Historic House Buffer that Historic around the new landscaping between the is not currently wooded shall be planted/screened in House Buffer perimeter of the development and the Brookhill accordance with County and/or DHR buffer screening Brookhill lot lot requirements. Ashwood Variable width- Natural undisturbed buffer or 1. Minimum 30 feet wide buffer between the adjacent lots Connector Minimum 20 feet replanted evergreen and the proposed Ashwood connector road. Road Buffer wide buffer landscaped buffer 2. Replant any portion of buffer that is disturbed from road construction with evergreen trees and shrubs. Variation #2: August 8, 2018 — Updated Buffer Note for Route 29 Buffer at the VDOT swm facility. 191Page ZMA — Code of Development Brookhill STAFF PERSON: BOARD OF SUPERVISORS: Cameron Langille September 5, 2018 Staff Report for Special Exception #1 to Vary the Code of Development for Block 4 approved with ZMA201500007 Brookhill VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENT Each variation request has been reviewed for zoning and planning aspects of the regulations. Variations are considered by the Board of Supervisors as a Special Exception under County Code §§ 18-33.5 and 18- 33.9. Staff analysis under County Code § 18-8.5.5.3(c) is provided below. The applicant is requesting a change to the Code of Development (COD) for Brookhill, specifically the standard for the rear setback location for Block 4, as specified in Section 2.3.2.2 of the COD. 1) The variation is consistent with the goals and objectives of the comprehensive plan. The variation is consistent with the comprehensive plan. 2) The variation does not increase the approved development density or intensity of development. The maximum residential density within this block, and the development, will not increase. The COD requires a minimum of 144 units be provided in Block 4. The COD also allows for a maximum of 816 units within Block 4, provided that the overall density is between 6 and 34 dwelling units/acre. A total of 147 units in Block 4A for a density of 17.86 units/acre. A total of 169 units is proposed in Block 4B for a density of 22.27 units/acre. The combined density of both blocks will be 19.97 units/acre. The intensity of the development will not be affected because all new buildings in Block 4 will be setback from Route 29 by at least 100 feet. Furthermore, the final site plan for Block 4 is proposing to install additional landscaping within the 100 foot Route 29 buffer, beyond what is required by the COD. The Entrance Corridor and Landscaping exhibits in Attachment A demonstrate that the visual impacts of the new buildings will be not result in a greater intensity of development. 3) The variation does not adversely affect the timing and phasing of development of any other development in the zoning district. The timing and phasing of the development is unaffected. 4) The variation does not require a special use permit. A special use permit is not required. 5) The variation is in general accord with the purpose and intent of the approved rezoning application. The location and scale of Block 4 will be consistent with the approved rezoning application plan and original intent of the COD. This variation is in general accord with the approved rezoning application. Staff Report for Special Exception #2 to Vary the Code of Development for Block 4 approved with ZMA201500007 Brookhill VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENT Each variation request has been reviewed for zoning and planning aspects of the regulations. Variations are considered by the Board of Supervisors as a Special Exception under County Code §§ 18-33.5 and 18- 33.9. Staff analysis under County Code § 18-8.5.5.3(c) is provided below. The applicant is requesting a change to the COD for Brookhill, specifically the location of a required 50 foot landscaping buffer around a VDOT stormwater management facility that is between Route 29 and Block 4, as specified in Section 2.4.2 of the COD. 6) The variation is consistent with the goals and objectives of the comprehensive plan. The variation is consistent with the comprehensive plan. The Future Land Use Plan and Transportation Network chapter of the Places29 Master Plan calls for a forested buffer along Route 29. The Master Plan recommends that the buffer be between a minimum of 30 feet and 50 feet in overall width to provide separation between Seminole Trail and new developments. The variation will still result in the installation of a forested buffer that measures 50 feet in total width between development in Block 4 of Brookhill and the Route 29 right of way. 7) The variation does not increase the approved development density or intensity of development. The maximum residential density within this block, and the development, will not increase. The COD requires a minimum of 144 units be provided in Block 4. The COD also allows for a maximum of 816 units within Block 4, provided that the overall density is between 6 and 34 dwelling units/acre. A total of 147 units in Block 4A for a density of 17.86 units/acre. A total of 169 units is proposed in Block 4B for a density of 22.27 units/acre. The combined density of both blocks will be 19.97 units/acre. 8) The variation does not adversely affect the timing and phasing of development of any other development in the zoning district. The timing and phasing of the development is unaffected. 9) The variation does not require a special use permit. A special use permit is not required. 10) The variation is in general accord with the purpose and intent of the approved rezoning application. The buffer will still be installed in the general location identified on the approved rezoning application plan. This variation is in general accord with the approved rezoning application.