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HomeMy WebLinkAboutSUB201700067 Resolution - Board of Supervisors 2018-04-25COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 April 25, 2018 Scott Collins Collins Engineering 800 E. Jefferson Street Charlottesville, Va 22902 RE: SUB201700067 Dunlora Park — Special Exception Dear Mr. Collins, The AIbemarle County Board of Supervisors, at its meeting on, April 4, 2018 adopted the attached resolution approving the special exceptions to modify setback to increase the maximum front setback for Lots 7, 8, 10, and 11 from 25' to 50' subject to the condition listed in the attached. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincerely, s° Chris Perez Senior Planner Planning Division CC: Dunlora Investments LLC 455 2nd Street Se 5th Floor Charlottesville Va 22902 *Attachment* RESOLUTION TO APPROVE SPECIAL EXCEPTION FOR SUB 201700067 DUNLORA PARK WHEREAS, the Owner of Tax Map Parcel Numbers 062F0-04-00-00700, 062F0-04-00-00800, 062F0-04-00-01000, and 062F0-04-00-01100 filed a request for a special exception in conjunction with SUB 201700067 Dunlora Park, to modify the required setbacks, as depicted on the pending plans under review by the County's Department of Community Development. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the Executive Summary prepared in conjunction with the special exception request and the attachments thereto, including staffs supporting analysis, and all of the factors relevant to the special exception(s) in Albemarle County Code §§ 18-4.19(4), 18-15.3, 18-33.5, and 18-33.9, the Albemarle County Board of Supervisors hereby approves the special exception to modify the required setbacks, subject to the condition attached hereto. * * f T, Claudette K. Borgersen, 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 six to zero, as recorded below, at a regular meeting held on April 4, 2018. ME 649 F- - 0" 6, 1 'We, Clerk, Board of County S Ave Nay Mr. Dill _Y Mr. Gallaway Y Ms. Mallek Y Ms. McKeel Y Ms. Palmer Y Mr. Randolph Y SUB 201700067 Dunlora Park — Special Exception to Front Setbacks Special Exception Condition 1. The maximum front setback on Tax Map Parcel Numbers 062F0-04-00-00700, 062F0-04-00-00800, 062FO-04-00-01000, and 062FO-04-00-01100 shall be fifty feet (50'). _ Albemarle County xrr,, Executive Summary File #: 18-228, Version: 1 AGENDA DATE: 4/4/2018 TITLE: SUB201700067 Dunlora Park- Special Exception to Front Setbacks SUBJECTIPROPOSALIREQUEST: The developer of Dunlora Park, phase 1 has requested a special exception to increase the maximum front setback for Lots 7, 8, 10, and 11 from 25 feet to 50 feet. ITEM TYPE: Consent Action Item STAFF CONTACT(S): Richardson, Walker, Kamptner, Blair, Benish, Nedostup, Perez PRESENTER (S): Christopher Perez LEGAL REVIEW: Yes REVIEWED BY: Jeffrey B. Richardson BACKGROUND: The developer of Dunlora Park, Phase 1 (SUB2017-67, approved on 9-28-2017) has requested a special exception to increase the maximum front setback for Lots 7, 8, 10, and 11 (TMP 062F0040000700, 062F0040000800, 062F0040001000, and 062F0040001100) from 25' to 50'. These four (4) lots were developed under the by -right R-4 zoning and utilize non-infill setbacks, and are located on a cul-de- sac, Marin Court. In this development the use of cul-de-sacs was essential to provide a minimum of 25% open space and preserve the existing streams and preserved slopes, which make up (3) sides of the property. In order to preserve these environmental features the development included two (2) cul-de-sacs. The density of the development is in conformity with the Comprehensive Plan, which designates a recommended density of 3 - 6 residential units/acre for this area. The development was approved at a density of 4.87 units/acre by providing four (4) affordable homes, which allowed four (4) additional market rate units. STRATEGIC PLAN: Thriving Development Areas: Attract quality employment, commercial, and high density residential uses into development areas by providing services and infrastructure that encourage redevelopment and private investment while protecting the quality of neighborhoods; Economic Prosperity: Foster an environment that stimulates diversified job creation, capital investments, and tax revenues that support community goals. DISCUSSION: The frontage for the cul-de-sac lots vary in width between 38' and 45'. They narrow at the right -of-way and widen as the lots get deeper. Utilizing the 5' minimum or the 25' maximum front yard setbacks on a cul-de-sac lot creates a serious hardship for any builder. In order to meet these setbacks the homes on a cul -de-sac lot must be front loaded with garages that extend closer to the road, a form of development (often referred to as "snout houses") discouraged by County policies. Allowing the front yard setback to be increased to 50' on these cul-de-sac lots allows the construction of single-family detached homes that does not require a front loaded garage that is stretched to meet the maximum setback. The houses can be developed in a manner that relegates the garages behind the front porches of the proposed units. Section 4.19(4) of the Albemarle County Zoning Ordinance permits a special exception to be granted for the Albemarle County Page 1 of 2 Printed on 3/28/2018 File #: 18-228, Version: 1 maximum front setback of a lot within the R-4 district to accommodate low impact design, unique parking or circulation plans, or a unique target market design. With this proposed exception request, the special exception addresses the unique circumstances created by the shape of cul-de-sac lots and allows for a better parking and circulation plan with the garages relegated by the front porches or fronts of the houses on these four (4) lots. Second, by relegating the garages, the design meets the target market design of the neighborhood and a design principle of the neighborhood model within the Comprehensive Plan for this area (relegating parking). Based on the above -mentioned circumstance staff supports the special exception. Additionally the proposal does not cause an unusual layout or design and does not have any apparent negative affect on neighboring or nearby development. As illustrated in the attached exhibits these four (4) lots will be consistent with the other homes in the development, and all the houses on the cul-de-sac will be constructed on the same plane, creating a homogenous streetscape. BUDGET IMPACT: None RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution (Attachment C) to approve the special exception. ATTACHMENTS: A - Application Materials (Applications for Special Exception) B - Staff Analysis C Resolution Albemarle County Page 2 of 2 Printed on 3/28/2018 powered by Logistar" COLLINS 800 E JEFFERSON CHARLOTTE.SVILLE VA 22902 434 293 3719 434 293 3719 www. c all i ns-en gi neer ing. co m December 13, 2017 Christopher Perez Senior Planner Department of Community Development 401 McIntire Road, Room 227 Charlottesville, VA 22902 ItE: Dunlora Park— RYiQUE'ST FOR SPECIAL EXCEPTION Maximum Front Yard Exception Request for R-4 Non Infxll Zoning Dear Chris Perez: Please allow this letter to serve as our official request for a special exception for the maximum front yard setback within the R-4 zoning for the Dunlora Park project. The following information and attached exhibits is a description why that the special exception is being sought and the reason for the special exception. Also included with this information is the proposed modification to the front yard setback that would be part of the approval if the special exception is accepted. A special exception is being proposed for the Dunlora Park Residential Development, specifically lots 7, 8, 10 and 11 within the Dunlora Park Subdivision. These (4) lots were created under the R4 by -right zoning for the development and are located at the end of a cul-de-sac road (Marin Court), This project utilizes the non-infill setbacks for residential lots within a development area, which include a 10' side yard building separation, a 20' rear yard setback, and a 5' minimum and 25' maximum front yard setback. The comprehensive plan for this development area indicates a density of 3 to 6 residential units on the property. This property is proposed to be developed at a density of 4.87 units. A bonus density for affordable housing is being utilized within this development to achieve a density higher than 4 units per acre. Four (4) affordable houses are proposed within the development, which allows for the construction of four (4) additional market rate units. This bonus density helps achieve the recommended density on the parcel, matching the intent of the comprehensive plan. The project was also developed with a minimum of 25% open space to preserve the existing streams and preserved slopes on the property. The development includes (2) cul-de-sac road designs, due to the existing streams and preserved slopes on (3) sides of the property. In addition, this development is an infill development within an existing residential neighborhood, where no future road connections were established for a connection to this property. A special exception is proposed for these (4) residential lots that are located on a cul-de-sac within the proposed R-4 development. Based on the proposed design, the front of the lots narrow down at the right of way from the proposed cul-de-sac and widens out as the lot gets deeper. Within the 25' maximum front yard setbacks, these lots vary in width between 38' and 45'. On behalf of the owners of the property, we are requesting a special exception to increase the maximum front yard setback from 25' to 50 % This increase of the front yard setback will allow the proposed construction of the single family detached houses, as shown in the attached Exhibit A. As shown in this exhibit, the increase in the front yard setback will still allow all the houses around the proposed cul-de-sac to be developed within the same building plane (along the solid red line illustrated in the attached exhibit). The purple line illustrates the existing 25' maximum front yard setback around the cul-de-sac, and the blue line represents the existing right of way. By allowing the additional 25' front yard setback, the single family detached houses can be developed in a manor that relegates the garages behind the front porches of the proposed units. Exhibit B illustrates how these (3) lots would meet the 25' maximum front yard setback. Lots 7 and 11 would extend a garage out from the front of the house to the front yard setback to meet the requirement. Lot S and 10 would extend the porch approximately 3 feet to meet this requirement. Lot 9 currently meet the 25' maximum front yard setback. Under the Non-infill Setback requirements within section 4.19 of the Albemarle County Zoning document, a special exception may be granted for the maximum front setback of a lot within the R-4 district to accommodate low impact design, unique parking or circulation plans, or a unique target market design. With this proposed exception request, the development is achieving (2) of the above justifications for a special exception. First, the special exception allows for a better parking and circulation plan with the garages relegated by the front porches or fronts of the houses on these (4) lots. Second, by relegating the garages, the design meets the target market design of the neighborhood and a design principle of the Neighborhood model within the Comprehensive plan for this area (relegating parking). If this development was a R-1 or R-2 development, no special exception would be required because there is no maximum front yard setback. Additionally, all other lots within the proposed development meet and comply with the maximum 25' front yard setback. As illustrated in the attached exhibits, the proposed special exception for the front yard setback within this proposed development creates a better design for the neighborhood, and helps achieve relegated parking within the development, which is a design principle of the Neighborhood model within the Comprehensive plan for Albemarle County. The homes on these (4) lots will be consistent with the other homes in the development, and all the houses will be constructed on the same plane, creating a homogeneous streetscape. Approval of this special exception request for the maximum front yard setback helps achieve a development that is consistent with the comprehensive plan its development principles. Thank you again for the consideration of this special exception request, and please contact me if you have any questions or require any further information. Sincerely, Scott Collins O la .lo j LL 1Ai „ q ,LL 'n N j �y LL $ e HL/1� ll ALL N `. �r 0 P e - •1 ; J �irx:yo / e7 ``�r '�.d ,.� ..• � � CAL. w Q LL. x co LL �tn w O `^ ^1 - \ O N J rODuj CL V Nk �a ff�`. c u N O Q I f Ln X' m N _ % LL . t- L!1 W X O N N rq N w V r N 1�L z J a �.,0 C4 J' ry / Z !' N Q rF z� U Q U. ' !- Lin nco .t f p LL .� Attachment B STAFF PERSON: BOARD OF SUPERVISORS: Christopher Perez April 4, 2018 Staff analysis of the special exception reguest to front setback requirements The special exception request has been reviewed for zoning and planning aspects of the applicable regulations. Special exceptions are considered by the Board under Chapter 18 Sections 33.5 and 33.9. In acting upon a special exception, the Board shall consider the factors, standards, criteria, and findings, however denominated, in the applicable sections of this chapter. Staff analysis of the requests under County Code § 18-4.19(4) and § 18-15.3 is provided below. Notably, the Board is not obligated to make specific findings in support of its decision. Special Exception - To modify the front setback as provided for in Chapter 18 Section 4.19(4). Front: Maximum front setback of 25 feet from the right-of-way The developer of Dunlora Park, phase 1 has requested a special exception to increase the maximum front setback for Lots 7, 8, 10, and 11 from 25' to 50'. These four (4) lots were developed under the by -right R-4 zoning and utilize non-infill setbacks, and are located on a cul- de-sac, Marin Court. In this development the use of cul-de-sacs was essential to provide a minimum of 25% open space and preserve the existing streams and preserved slopes, which make up (3) sides of the property. In order to preserve these environmental features the development included two (2) cul-de-sacs. The density of the development is in conformity with the Comprehensive Plan, which designates a recommended density of 3 - 6 residential units/acre for this area. The development was approved at a density of 4.87 units/acre by providing four (4) affordable homes, which allowed four (4) additional market rate units. The frontage for the cul-de-sac lots vary in width between 38' and 45'. They narrow at the right- of-way and widen as the lots get deeper. Utilizing the 5' minimum or the 25' maximum front yard setbacks on a cul-de-sac lot creates a serious hardship for any builder. In order to meet these setbacks the homes on a cul-de-sac lot must be front loaded with garages that extend closer to the road, a form of development (often referred to as "snout houses") discouraged by County policies. Exhibit B illustrates how these four (4) lots would meet the 25' maximum front yard setback if the special exception is not approved. Lots 7 and 11 would extend a garage out from the front of the house to the front yard setback to meet the requirement. Lots 8 and 10 would extend the porch approximately 3 feet to meet this requirement. Lot 9 currently meets the 25' maximum front yard setback. If this development was zoned R-1 or R-2 or if the R-4 zoning had a minimum frontage requirement, Section 4.6.1(C) of County Code would effectively avoid this problem because the depth of the front yard is established where minimum lot width is achievable; however, the R-4 zoning district does not provide a minimum lot width, thus the minimum and maximum setbacks govern. Allowing the front yard setback to be increased to 50' on these cul-de-sac lots effectively does what Section 4.6.1(C) is designed to do, it allows the construction of the single-family detached home that does not require a front loaded garage that is stretched to meet the maximum setback, as shown in the attached Exhibit A. As depicted in this exhibit, the increase in the front yard setback will still allow all the homes around the cul-de-sac to be developed within the same building plane (along the solid red line illustrated in the attached exhibit). The purple line illustrates the existing 25' maximum front yard setback around the cul-de-sac, and the blue line represents the existing right-of-way. By allowing the 50' front yard setback, the single family Attachment B detached houses can be developed in a manner that relegates the garages behind the front porches of the proposed units. Section 4.19(4) of the Albemarle County Zoning Ordinance permits a special exception to be granted for the maximum front setback of a lot within the R-4 district to accommodate low impact design, unique parking or circulation plans, or a unique target market design. With this proposed exception request, the development is achieving (2) of the above justifications for a special exception. First, the special exception addresses the unique circumstances created by the shape of cul-de sac -lots and allows for a better parking and circulation plan with the garages relegated by the front porches or fronts of the houses on these four (4) lots. Second, by relegating the garages, the design meets the target market design of the neighborhood and a design principle of the neighborhood model within the Comprehensive Plan for this area (relegating parking). Based on the above -mentioned circumstance staff supports the special exception. Additionally the proposal does not cause an unusual layout or design and does not have any apparent negative affect on neighboring or nearby development. As illustrated in the attached exhibits these four (4) lots will be consistent with the other homes in the development, and all the houses on the cul-de-sac will be constructed on the same plane, creating a homogenous streetscape. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution (Attachment C) to approve the special exception to increase the maximum front setback for Lots 7, 8, 10, and 11 from 25' to 50'.