HomeMy WebLinkAboutSDP201200030 Action Letter 2012-12-20AL$,
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COUNTY OF ALBEMARLR
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
December 20, 2012
Scott Collins, PE - Collins Engineering
200 Garrett St. Suite K
Charlottesville, VA 22902
RE: SDP201200030 Estes Park Site Plan
Dear Mr. Collins:
The Albemarle County Board of Supervisors, at its meeting on, December 12, 2012 approved
the following three (3) variations:
Variation #1, to increase the road width by one (1) foot and allow on street parking on
one side only with the following condition:
Variation #2 to revise the unit type from attached single family residential to detached
single family residential with the following condition:
Variation #3, to shift the location of the connection to Moubry Lane with the following
condition:
The full description of the variations and staff analysis can be found 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,
David Benish
Chief of Planning
Planning Division
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE: December 12, 2012
SDP2012- 030 -Estes Park Site Plan— Variations from
ZMA2010 -011 ACTION: INFORMATION:
SUBJECT /PROPOSAL/REQUEST:
Approval of the following sections of the Zoning
Ordinance:
1. Section 8.5.5.3 Variations From Approved
Plans, Codes, And Standards Of
Developments
STAFF CONTACT(S):
Mr. Benish, Ms. Yaniglos
LEGAL REVIEW: No
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: No
REVIEWED BY:
BACKGROUND:
Estes Park was rezoned from R1- Residential to PRD- Planned Residential Development on April 11, 2012 (ZMA2010-
011), The proposed development will require three variations from the approved Application Plan. These variations are
necessary before the preliminary site plan can be approved by staff, which is currently under review. In addition to the
variation requests, the Board also has for review a rezoning amendment to allow the cash proffers to be collected for both
single family attached and detached units. The applicant is requesting the following three variations from the approved
rezoning plan:
1. Increase the road width by one (1) foot and allow on street parking on one side of the road only
2. Revise the unit type from attached single family residential to detached single family residential on the application
plan.
3. Shift the location of the connection to Moubry Lane.
DISCUSSION:
1 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENT
The variation requests have been reviewed for Zoning and Planning aspects of the regulations. Section 8.5.5.3(a)
authorizes the Director of Planning to grant variations from the approved application plat and/ or code of development.
However, due to a recent State Supreme Court decision, these variations must now be approved by the Board of
Supervisors as a Special Exception under Chapter 18 Section 31.8.
VARIATION #1:
The applicant submitted the following: Request to increase the road width by one (1) foot and allow on street parking on
one side only. Staff analysis of the variation request is provided below:
1) The variation is consistent with the goals and objectives of the comprehensive plan.
Fire and Rescue requires 20 feet of travelway width for access. With parking on both sides of the street, this
would require a 34 foot road width. The rezoning plan showed a 29 foot road width with parking on both sides of
the road, which cannot accommodate the required width for Fire and Rescue to safely use their vehicles. While
the goals and objectives of the comprehensive plan recommend parking on both sides of the street, staff finds
that for Fire and Rescue purposes allowing parking on one side of the street is appropriate in this case.
2) The variation does not increase the approved development density or intensity of development.
Density is not increased.
ESTES PARK VARIATION
December 12, 2012 BOS
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.
This variation is in general accord with the approved rezoning application by providing on street parking and
allowing for safe access for Fire and Rescue.
VARIATION #1 RECOMMENDATION:
Staff recommends approval of the variation request #1.
VARIATION #2:
The applicant submitted the following: Request for a variation to revise the unit type from attached single family
residential to detached single family residential. Staff analysis of the variation request is provided below:
Staff analysis of the variation request is provided below:
1) The variation is consistent with the goals and objectives of the comprehensive plan.
The variation is consistent with the goals and objectives by providing housing located close to employment
centers and shopping areas.
2) The variation does not increase the approved development density or intensity of development.
Density is not increased.
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 PRD district allows both attached and detached single family housing. When the property was rezoned, it
showed attached single family units, however the zoning allows for both. Therefore, it is in general accord with the
intent of the rezoning application. The applicant has also submitted a rezoning amendment for the proffers that
would allow both housing types and associated cash proffers.
VARIATION #2 RECOMMENDATION:
Staff recommends approval of the variation request #2.
VARIATION #2:
The applicant submitted the following: Request for a variation to shift the location of the connection to Moubry Lane. Staff
analysis of the variation request is provided below:
Staff analysis of the variation request is provided below:
1) The variation is consistent with the goals and objectives of the comprehensive plan..
The variation is consistent with the goals and objectives by providing a pedestrian and emergency connection to
existing neighborhoods.
2) The variation does not increase the approved development density or intensity of development.
Density is not increased.
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.
ESTES PARK VARIATION
December 12, 2012 BOS
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 new location is within the existing parcel reserved for the connection. This shift is within general accord with
the rezoning application by still providing emergency access to the development.
VARIATION #3 RECOMMENDATION:
Staff recommends approval of the variation request #3.
31.8 SPECIAL EXCEPTIONS
The board of supervisors reserves unto itself the authority to consider and act upon special exceptions as follows:
a. Matters requiring a special exception. Notwithstanding any other section of this chapter:
1. Any request for a waiver, modification, variation or substitution permitted by this chapter shall be
considered and acted upon by the board.
2. Any requirement for a decision by the planning commission required by this chapter shall be considered
and acted upon by the board. For the purposes of this section, a decision by the planning commission
does not include the consideration and action by the commission on a preliminary or final site plan under
section 32 of this chapter or any action provided in section 32 enabled under Virginia Code § 15.2-
2242(1).
b. Consideration and action. 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, provided that the board shall not be
required to make specific findings in support of its decision.
c. Conditions. In approving a special exception, the board may impose reasonable conditions to address any possible
impacts of the special exception.
d. Time for action. A request for a special exception shall be acted on by the board within ninety (90) days after the date
of the request, or concurrently with a zoning map amendment, special use permit, or site plan appeal, whichever is
longer.
e. Request. Each request for a special exception shall be made as provided under the applicable section of this chapter.
RECOMMENDATION:
Staff recommends approval of variations #1, #2, and #3.
ESTES PARK VARIATION
December 12, 2012 BOS