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HomeMy WebLinkAboutSE202000005 Action Letter 2020-11-04��GFALRE Albemarle County o$ rti 9 Meeting Agenda �rRG1N1P Board of Supervisors Wednesday, November 4, 2020 1. Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. 4. Adoption of Final Agenda. Supervisor, Rio District Ned Gallaway Supervisor, Rivanna District Bea LaPisto-Kirtley Supervisor, White Hall District Ann H. Mallek Supervisor, Jack Jouett District Diantha H. McKeel Supervisor, Samuel Miller District Liz A. Palmer Supervisor, Scottsville District Donna P. Price County Executive, Jeffrey B. Richardson Clerk, Claudette K. Borgersen 1:00 PM Regular First Meeting 5. Brief Announcements by Board Members. 6. Recognitions: 6.1. 20-464 Digital Counties Survey Award. 6.2. 20-541 Veterans Day Resolution. Electronic Meeting 7. From the Public: Matters Not Listed for Public Hearing on the Agenda or on Matters Previously Considered by the Board or Matters that are Pending Before the Board. 8. Consent Agenda (on next sheet) 1:40 p.m. - Action Item: 9. 20-206 HS201900026 Homestay Special Exception Northfield Manor (Harris). (Bart Svoboda, Zoning Administrator/Director of Zoning) Albemarle County Page 1 Printed on 1012812020 Board of Supervisors Meeting Agenda November 4, 2020 3:00 p.m. - Recess. 3:15 p.m. - Work Session: 10. 20-543 Rio29 Form Based Code and Public Spaces. (Rachel Falkenstein, Principal Planner) 11. 4:15 p.m. -Closed Meeting. 12. Certify Closed Meeting. 13. Boards and Commissions: 13.1. 20-503 Vacancies and Appointments. (Travis Moms) 6:00 p.m. 14. From the Public: Matters Not Listed for Public Hearing on the Agenda or on Matters Previously Considered by the Board or Matters that are Pending Before the Board. Action Items: 15. 20-532 Draft 2021 Thomas Jefferson Planning District (TJPD) Legislative Program. (David Blount, Director, Legislative Services) Public Hearings: 16. 20-539 FY 2021 Budget Amendment and Appropriations. (Andy Bowman, Budget Manager) 17. 20-518 Appalachian Power's Request for Easement (Former Keene Landfill). To consider granting an easement to Appalachian Power Company across the former Keene Landfill property owned by the County (TMP 12900-00-00-002A0). The easement has been proposed to provide residential electrical service to the adjacent property (TMP 12100-00-00-05800). (Michael Freitas, Chief of Public Works) Albemarle County Page 2 Printed on 10/28/2020 Board of Supervisors Meeting Agenda November 4, 2020 18. 20-549 Ordinance to Amend Section 7, Deadlines, of Ordinance No. 20-A(14), An Ordinance to Ensure Continuity of Government During the COVID-19 Disaster. To receive public comment on its intent to adopt an ordinance to amend Ordinance No. 20-A(14), An Ordinance to Ensure the Continuity of Government During the COVID-19 Disaster, as authorized by Virginia Code § 15.2-1413 during the novel coronavirus (COVID-19) disaster. The proposed amendments would amend Sec. 7 pertaining to the deadlines to respond to requests for public records pursuant to the Virginia Freedom of Information Act. (Greg Kamptner) 19. From the Board: Committee Reports and Matters Not Listed on the Agenda. 20. From the County Executive: Report on Matters Not Listed on the Agenda. 21. Adjourn to November 18, 2020, 1:00 p.m., electronic meeting pursuant to Ordinance No. 20-A (14). Albemarle County Page 3 Printed on 10/28/2020 Board of Supervisors Meeting Agenda November 4, 2020 CONSENT AGENDA 8. FOR APPROVAL (by recorded vote): 8.1. 20-505 Approval of Minutes: April 19, June 7, October 2, and December 11, 2019; and February 5, February 19, and March 11, 2020. 8.2. 20-540 FY 20 Appropriations. (Andy Bowman) 8.3. 20-512 Schedule a Public Hearing to Consider Realignment of Galaxie Farm Lane. (Andy Herrick) 8.4. 20-536 Southwood Community Development Block Grant (CDBG) Certifications. (Stacy Pethia) 8.5. 20-538 Resolution for Free State Road Abandonment (vacated portion only) from the State Secondary System for Maintenance. (Rio Magisterial District) 8.6. 20-537 SE202000005 Avon Park II Development — Special Exception. (Christopher Perez) 8. FOR INFORMATION (no vote necessarv): 8.7. 20-548 Update on County -supported Thomas Jefferson Soil and Water Conservation District Programs. (Laurel Williamson) 8.8. 20-508 Board -to -Board, October 2020, a monthly report from the Albemarle County School Board to the Albemarle County Board of Supervisors. (Phil Giaramita) Albemarle County Page 4 Printed on 10/28/2020 Board of Supervisors Meeting Agenda November 4, 2020 Thank you for attending today's public hearing. During the 2020 Calendar Year, the Chair is Ned L. Gallaway and the Vice -Chair is Donna P. Price. During the time set aside for "Matters Not Listed for Public Hearing On the Agenda", individuals may address the Board Of Supervisors concerning any issue not listed On the agenda for Public Hearing. Individuals are allowed three minutes t0 speak, unless Otherwise decided. A sign-up sheet is provided at the meeting. During Public Hearings, the Board will Only acknowledge speakers addressing the item listed for Public Hearing. Speakers are limited t0 One appearance Of three minutes per public hearing item. A sign-up sheet is provided at the meeting and you may sign up online in advance of the meeting at http://www.albemarle.org/bosspeakers/. Speakers will be called forward in an alternating pattern of in person sign ups and online sign ups. Applicants are limited to a ten minute presentation of their proposal and are allowed a five minute rebuttal at the close of the public hearing. Time keeping is conducted through a timer and a light system at the podium. The green light will g0 On when you begin speaking and this begins your allotted time; a yellow light indicates you have one minute t0 finish your comment; a red light indicates your time has expired. If more than 10 speakers are signed up t0 speak, the time allotted t0 speak will be reduced to two minutes and the yellow light will indicate you have 30 seconds to finish your comment. In order to give all speakers equal treatment and courtesy, the Board requests that speakers adhere t0 the following guidelines: When called t0 the speaker's podium, state your name and magisterial district; Address comments directly t0 the Board as a whole; Give written statements and Other supporting material t0 the Clerk; If you represent a group Or Organization, you may ask Others present t0 raise their hands and be recognized; If you exceed your allotted time, you will be asked to end your comments; If a speaker does not use all allocated time, the unused time may not be shared with another speaker; Speakers are permitted one opportunity to comment during each of the public comment periods per meeting; Back -and -forth debate is prohibited; Do not speak from your seat or out of turn; Persons in the audience are encouraged to raise their hands t0 indicate their support Or Opposition t0 speakers at the podium or any item during the meeting; Please refrain from applause and Other forts Of approval Or disapproval, as a courtesy t0 each speaker; Signs are permitted in the meeting room s0 long as they are not attached t0 any stick Or pole and d0 not Obstruct the view of persons attending the meeting. All comments are live streamed, recorded and published on the Albemarle County website. Please turn off all pagers and cellular telephones. Clerk, Board of County Supervisors 401 McIntire Road Charlottesville, Virginia 229024596 Albemarle County Page 5 Printed on 1012812020 County of Albemarle Department of Community Development To: Albemarle County Board of Supervisors From: Christopher Perez, Senior Planner Date: November 4, 2020 Item: SE202000005 Special Exception request to vary aspects of the approved Application Plan of ZMA201400006, Avon Park 11, for changes to the mix of unit types, setbacks, road alignment, and stormwater management. Tax Map Parcel: 09000-00-00-03100 Magisterial District: Scottsville School Districts: Cale E.S; Walton M.S.; Monticello H.S. Zoning District: PRD Planned Residential Development (ZMA201400006) Summary of Request for Special Exception: The applicant is requesting minor changes to the Application Plan for Avon Park 11. This is the first variation request for this development. Specifically, the applicant is proposing the following changes: • Modification to the unit mix of the development and clustering. The approved application plan depicted 22 single-family detached units and 8 single family attached units. The proposed unit mix has been modified for more single family attached units (28 units) and two larger single-family detached units at the bottom of the property where the existing house will remain on one of the lots. • Modification to the building setbacks. All front yard setbacks will be 10' minimum from the right of way and all garages shall be 18' from the right of way or edge of sidewalk. All rear yard setbacks adjacent to Avon Park I and the southern properties shall be a minimum of 10' in addition to the open space/landscaping easement areas behind the lots. The building separation will be a minimum of 10' for all proposed development lots. • A realignment of the internal road system. The proposed upper cul-de-sac has been removed. The cul-de-sac/turn-around areas is proposed to be replaced with a similar cul-de-sac/parking area matching the lower parking lot/turnaround area. This design allows for roadway frontage and access to the proposed clustered lots at the top of the development area and provides additional parking areas for the townhouse units. Additionally, a 12' paved emergency access road is being provided for a second point of connection to the development for emergency services. The original approved application plan included this 12' roadway but showed it as a gravel road instead of a paved access roadway. • A smaller and efficient underground stormwater management facility is proposed on the site in lieu of the original stormwater management facility. County Code §18-8.5.5.3 and §18-33.49 allow special exceptions to vary approved Application Plans 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 § 18-33.49 requires that any request for a variation be considered and acted upon by the Board of Supervisors as a special exception. This request is consistent with the above noted considerations. Please see Attachment B for staffs full analysis. Staff Recommendation: Staff recommends that the Board adopt the attached Resolution (Attachment D) to approve the special exception request with the following conditions. Please note that this intensified planting area does not negate the required landscaping area elsewhere on the application plan associated with ZMA2014-6 or required by the proffers. All variations shall be as depicted on the Initial Site Plan and Subdivision Plat for the Avon Park II Development prepared by Collins Engineering and last revised on October 5, 2020. 2. The applicant shall provide landscape screening in accordance with County Code § 18-32.7.9.7, or landscaping as approved by the agent, in the open space/landscaping easement areas as shown on the depiction entitled "Intensified landscaping area for screening created by the Community Development Department on 10-13-20." Attachments: A —Application Materials B — Staff Analysis C — Intensified landscaping area for screening D — Resolution I H R;d' 11M A gs a S � s �€€��QII III€ag$Fgrala 1a®gg�aaa€ I€ g�'� �� I d��ggt d� a rd r $r p$ $adr w 8` gS��a� 1 Rill likes €i g" gq yya 6 zl Rg@xA 's Ra° a4 Seel § g till " i$a�$ d 3 riw plp� aI a g NJ a a R da � a � "€€I I ���¢I�€ €`€� •R� ��a I I� �°qaq� �¢� �"� 14144 Hog �d9 �g�d a �� 5 3 �4 ail yR 1114ig@RaI6Igyf p1R Ie I 1h 9 a �sdbrr4a Ia 5R� x �g R �I�a� axe § daR €a € r� ^4gl u d a�y add @$ anal 1 a`� g� aa.arE R W .re &A�dRla 99Y � M FLtq r a gg is S a= I C gg�gAl qg� a c 'sv ' s 3iLLULN 11 —_—_ m El G Z 4600 �� I ��� R�.• s�°� �� �� I � � N a � A A� N � FI r €°°€ >��o ..alD 3�i€Mrn s m pm> N m �rn av �o� zONNEj aE °al! <Om No Ulz �dg�€9�agffiaIffi $"' � � r e@'$a °. °a °I � -c z ® COLLINS E N GIN E E R I N G REVISIONS 200 Gl1RRER STREET, SUITE K�INRLOTTESVILLE, VP 22892 439293.3719 ¢ d S• AVON PARK II -INITIAL SITE PLAN &SUBDIVISION PLAT A�e �5H x � tlCYGYCCCYGLCKGYCGCCasanu• � p w vn vasxm vry R`mC •• _ — - - — �I�m—�Efi€Ip55€�@5�EE8fi&5�fi6fiBfi€ Wq 4fifiN6fififiNEfiNfi NNNfi6@fififi§fi4t °p^'°Rm d to �u�. eeFx, y'8 c a 4'cy 3 PAYR[Jr R€meFina xt LOn$Za S xE Sa �'ca HHH am-- :a i rzadtia-'� HM N� resFr oT — xarxnrev srxcer '.R` mrv=4, �rvy Ri R S a SRC N £a T Ila��.3$ _ of 1 _ 8�Y e9 Boa ecg —__ _ 5 s- e;g I fi I e I M' H £ � A AE Aga 'I 2I� I a°- aim c COLLINS ENGINEERING 200 GARRETT STREET. SUITE K.-CHARLOTTESVILLE VA 22902-434293.3719 AVON PARK II - INITIAL SITE PLAN & SUBDIVISION PLAT LAYOUTPLAN 0 I it I ----- T—JH I h � 29p G� aytlS a0ntl ��a '80 p3��3 I ® COLLINS ENGINEERING August 5, 2020 Christopher Perez, Senior Planner Department of Community Development 401 McIntire Road, Room 227 Charlottesville, VA 22902 800 E JEFFERSON CHARLOTTESVILLE VA 22902 (�434 293 3719 Pt-i 434 293 3719 FX ( www.collins-engineering.com RE: Avon Park II— REQUEST FOR VARIATION FROM ZMA-2014-0006 & 2012-0004 Dear Chris Perez: 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, Stanley Martin Companies (the "Applicant'), the developers of Avon Park II, (the "Property"), we hereby request a variation of the Avon Park II Zoning Map Amendment application plan, which was created by Roudabush, Crale, and Associates with a revision date of May 24, 2016 and was approved by the Board of Supervisors with revised proffers on May 10, 2017. The proposed variation includes a number of changes and modifications from the approved application plan. The main reason for the modifications and variations from the application plan are related to the challenges of servicing the proposed development with public utilities, specifically sanitary sewer. In the approved application plan, most of the proposed units relied on individual private forcemain sanitary sewer systems to provide sewer availability to the lots for development. This design is not an ideal solution for the individual lots, from the maintenance to the reliability and longevity of each of the systems over time. Collins Engineering and Stanley Martin Homes analyzed the approved design and created a variation from the approved plan that allows for the design of a sanitary sewer system that can provide gravity sewer to all the proposed units. In order to implement this design, a number of variations will need to be approved from the original application plan. Building Unit Variation: The approved application plan was specific in the number of total lots for the development. The plan specifically showed 22 single-family detached units and 8 single family attached units in the development. In order to service all the proposed units with gravity sewer, the proposed unit mix has been modified for more single family attached units (28 units) and two larger single-family detached units at the bottom of the property where the existing house will remain on one of the lots. The modification to the unit mix clusters the development, keeping the proposed townhouse lots at the top of the property, allowing them to connect to the sanitary sewer system with a gravity sewer design. The modification of the unit mix also drastically decreases the overall development impact on the property, preserving the bottom area for (2) larger one -acre single family detached lots, landscaping, buffer areas, and open space. The two large single- family detached units can either continue to utilize a septic sewer system or connect to the proposed sanitary sewer system with an individual forcemain. Road Alignment: The majority of the proposed roadway system on the approved application plan will remain the same with the proposed development, with exception to the upper cul-de-sac design and the overall length of the roadway (which will be reduced with the clustered development). The extension of Hathaway Street through the property to the southern property line shall remain, as approved on the application plan, providing a roadway connection to TMP90-30. The bottom cul-de-sac area matches to the approved application plan with the proposed parking areas. The bottom parking area and turn around shall still incorporate an emergency access roadway connection to Avon Street Extended. A 12' paved emergency access road is being provided for a second point of connection to the development for emergency services. The original approved application plan included this 12' roadway, but showed it as a gravel road instead of a paved access roadway. The main change to the road alignment is the upper cul-de-sac. The cul-de-sac/tum-around areas is proposed to be replaced with a similar cul-de-sac/parking area matching the lower parking lot/turnaround area. This design allows for roadway frontage and access to the proposed clustered lots at the top of the development area, and provides additional parking areas for the townhouse units. The additional guest parking in the upper portion of the development will help ensure that there will be adequate parking and overflow parking available for all the residents and will help eliminate the possibility of guests parking in the adjacent Avon Park community. The roadway street section will be similar to the approved application plan street design with curb and gutter, planting strips, street trees, and sidewalks. The only variation with the proposed design is to extend the right of way along the public and private streets to include the planting strip and sidewalks within the right of way. This variation is consistent with the current subdivision ordinance which recommends these elements be included within the right of way and is the preferred design for the streetscape in Albemarle County. Building Setbacks: The proposed variation in the unit types and roadway sections requires a modification to the setbacks from the approved application plan. The application plan included specific setbacks per each lot, based on the application plan. With the clustering of the development, the modification of building units, and the change in the location of the right of way to include the planting strip and concrete sidewalks, the original setbacks in the approved application plan need to be modified with the variation. Instead of individual setbacks on each lot (per the current approved application plan), this variation is proposing to implement a consistent front yard and rear yard setback, and a side yard separation for the entire development. All front yard setbacks will be 10' minimum from the right of way and all garages shall be 18' from the right of way or edge of sidewalk. All rear yard setbacks shall be a minimum of 5' when adjacent to open space areas, and 15' feet when adjacent to the boundary of the property. The building separation will be a minimum of 10' for all proposed development lots. Having consistent development setbacks for the project will be much easier to enforce during the building inspection review process and field zoning inspections over specific individual lot setbacks for each of the development lots in the project. Stormwater Management: The approved application plan proposed a stormwater manage facility at the bottom of the property along Avon Street Extended to treat the entire development. With the proposed clustering of the Avon Park II development units, the overall disturbed footprint and the proposed amount of impervious area have been decreased from the original design. These two factors substantially decrease the size of the stormwater management facility required to detain and treat the run-off from the site. A much smaller and efficient underground stormwater management facility is proposed on the site in lieu of the original stormwater management facility, which incorporated most of the lower portion of the site. This system will be easier to maintain and helps limit the amount of disturbance on the site, while still providing the required stormwater management for the development. Variations from Approved Plans, Codes, and Standards of Development Variations to Application plans and Code of Developments may be approved by the Board of Supervisors. The approval of the variations shall be based on five (5) requirements for the analysis of the variation. These five (5) requirements include if the 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. Below is a summary of how the proposed Variation for the Avon Park II project meets these requirements: 1. The variation is consistent with the goals and objectives of the comprehensive plan. The proposed variation creates a more uniformed development with streetscape design elements and lot setback that are consistent with the current Albemarle County development ordinances. The variation also allows for the clustering of the development to limit the disturbed area and provide gravity sewer for the proposed lots. 2. The variation does not increase the approved development density or intensity of the development. All the minimum and maximum residential and non-residential densities in the development shall remain the same as the approved rezoning. 3. The variation does not have any impacts to the timing and phasing of the development or any other development in the general vicinity. 4. The proposed variation does not require a special use permit. 5. The variation is in general accord with the purposed and intent of the approved rezoning application. The main elements from the application plan are consistent with the proposed development and variations. The existing proffers for the Avon Park II project shall remain the same with the project and the proposed variation will not change any of the requirements. The development will still provide the required affordable housing and cash proffers. The required landscaping easements and landscaping buffer will be implemented, as required by the proffers. Additional E&S control, recreational amenities, overlot grading plan, and temporary fence to screen the site during construction will all be implemented with the design and construction of the development, as required by the proffers. Thank you again for the consideration of this variation for the Avon Park II project, and please contact me if you have any questions or require any further information. Sincerely, �ce�t"� Ce�iitd Scott Collins • • P APPLICATION FOR A SPECIAL EXCEPTION ❑ Request for a waiver, modification, variation ❑ 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. Project Name : Current Assigned Application Number (SDP, SP or Tax map and parcel(s): 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. ❑ 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. Avon Park II 090000-00-00-03100 Applicant / Contact Person Collins Engineering Address 200 Garrett Street, Suite K City Daytime Phone# ( Owner of Record Charlottesville SDP2020-00050 State VA Zip 22902 Fax# ( ) Email scoff@collins-engineering.com Stanley Martin Companies LLC Address 11710 Plaza America Drive, Suite 1100 City Daytime Phone# ( Fax# ( Reston Email State VA Zip 20190 County of Albemarle Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 • • APPLICATION FOR A SPECIAL EXCEPTION APPLICATION SIGNATURE PAGE If the person signing the application is someone other than the owner of record, then a signed copy of the "CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER" form must be provided in addition to the signing the application below. (page 3) Owner/Applicant Must Read and Sign By signing this application, I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner of the subject parcel(s) listed in County Records. I also certify that the information provided on this application and accompanying information is accurate, true, 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 Owner / Agent / Contract Purchaser Scott Collins Print Name FOR OFFICE USE ONLY APPLICATION# 8-5-20 Date 434-293-3719 Daytime phone number of Signatory Fee Amount $ Date Paid By who? Receipt # Ck# By 0111: N■-/• APPLICATION FOR A SPECIAL EXCEPTION CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER This form must accompany this zoning application if the application is not signed by the owner of the property. I certify that notice of the application for, Avon Park II - variation Reqest [Name of the application type & was provided to Stanley Martin [Name(s) of the record owners of the parcel] the owner of record of Tax Map and Parcel Number 09000-00-00-03100 by delivering a copy of the application in the manner identified below: X Hand delivery of a copy of the application to Jeremy Swink, vice president of Stanley Martin Companies [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipients title or office for that entity] o n 8-5-20 Date Mailing a copy of the application to [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipients title or office for that entity] on to the following address Date [Address; written notice mailed to the owner at the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records satisfies this requirement]. Signature of Applicant Scott Collins Print Applicant Name 8-5-20 Date ATTACHMENT B — STAFF ANALYSIS STAFF PERSON: Christopher Perez BOARD OF SUPERVISORS: November 4, 2020 Staff analysis of SE202000005 Special Exception to vary aspects of the approved Application Plan was conducted pursuant to the following applicable provisions and evaluation criteria contained in County Code §18-8.5.5.3: 8 PLANNED DEVELOPMENT DISTRICTS - GENERALLY 8.5 PROCEDURES FOR PLANNED DEVELOPMENT APPLICATIONS 8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENTS a. 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; 2. Changes to the arrangement of buildings and uses shown on the plan, provided that the major elements shown on the plan and their relationships remain the same; 4. Minor changes to landscape or architectural standards 5. Minor changes to street design and street location, subject to a recommendation for approval by the county engineer; 6. Minor changes to the design and location of stormwater management facilities, minor land disturbance including disturbance within conservation areas, and mitigation, all subject to a recommendation for approval by the county engineer. c. The director of planning is authorized to grant a variation upon a determination that the 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. Staff Analysis — Request for Special Exception to Vary: Variation request for changes to the mix of unit types, setbacks, road alignment, and stormwater management. Variation is per County Code §18-8.5.5.3(a)(1), (2), (4), (5), and (6). Evaluation criteria per County Code §18-8.5.5.3(c): (1) The requested variation is consistent with the goals and objectives in the Comprehensive Plan. The proposed changes are consistent with the Neighborhood Model principles of a Mixture of Housing Types and Affordability, Interconnected Streets, and Pedestrian Orientation. Evaluation criterion met. (2) The requested Variation would not increase the approved development density or intensity of development. The proposed change in the mix of unit types to increase the majority of units from SFD to SFA slightly increases the visual prevalence of the development in some areas and reduces it in other areas. The development remains residential with no increase in proposed building heights, and the density is not changing from the previous approval. With the revised setbacks the distance to the adjacent property lines remains the same as the previous approval. The applicant proposes that Lots 1-4 and Lots 23-28 receive a 10' rear setback adjacent to a 15' open space area that contains a drainage and landscaping easement. Combined, the total proposed distance to the adjacent property line is 25'. The previously approved rear setbacks for this area was 25' and 20'. The applicant proposes that Lots 13-16 and Lots 17-22 receive a 10' rear setback adjacent to a 10' open space area that contains a landscaping easement/landscape buffer. Combined, the total proposed distance to the adjacent property line is 20'. The previously approved rear setback for this area was 20'. Staff recommends that screening trees be provided behind the SFA lots adjacent to the Avon Park I development on the north side of the subject property, and recommends that screening trees be provided behind the SFA lots adjacent to the southern properties to help soften the appearance of the townhomes and break up the views of the rear of the townhomes. Evaluation criterion met. (3) The requested Variation does not adversely affect the timing or phasing of development of any other development in the zoning district. Evaluation criterion met. (4) The requested Variation does not require a Special Use Permit. Evaluation criterion met. (5) The requested Variation is in general accord with the purpose and intent of the approved application plan. The total density of the development and general layout remain the same. The proposal is consistent with the Neighborhood Model principles and provides additional open space. Evaluation criterion met. Additional factors for consideration: A. Planning, Engineering, VDOT, Fire and Rescue, and Building Inspection staff have reviewed the request and have no objection to the proposed changes to the internal road network. B. Please see the application for Variation Request (Attachment A) for the applicant's description and justification. Staff Recommendation — Request for Special Exception: With regards to the findings contained herein, inclusive of the criteria to be considered per County Code §18- 8.5.5.3(c), as well as other additional factors, staff recommends approval of this Special Exception request with the following conditions: 1. All variations shall be as depicted on the Initial Site Plan and Subdivision Plat for the Avon Park II Development prepared by Collins Engineering and last revised on October 5, 2020. 2. The applicant shall provide landscape screening in accordance with County Code §18-32.7.9.7, or landscaping as approved by the agent, in the open space/landscaping easement areas as shown on the depiction entitled "Intensified landscaping area for screening created by the Community Development Department on 10-13-20." Staff recommends that the Board adopt the attached Resolution (Attachment D) to approve the Special Exception Request to vary the Application Plan approved in conjunction with ZMA201400006 Avon Park II to make minor changes to the mix of unit types, setbacks, road alignment, and stormwater management, pursuant to County Code §18-8.5.5.3(a)(1), (2), (4), (5), and (6). Attachment C: Intensified landscaping area for screening created by the Community Development Department on 10-13-20 I sun-r '"HIRnY Dfi 19, iC M vrDl'CRIl WE VM E.'EWMTM K V —WLEr AHN IgWM C M.fG 1...: V.tl - WWOMD00.Mr ;; _= 111.' Y. V Y4a•1(.alrlKDGI[W6 M [GMIrMK(.ltl WdCS'DID(Yl�l/.M1 rx[tiDE°Daor[mErc rov_o.row ma 1/MJSCA.IIL Ui'!!M E✓�Lar•D [I rlm M/�1 ce w. l••m��� � • veol[raclrwrE• _ / ro.D nucL+aarn WJMIYDL M(MAY � I r ,aD.Dl,I •,= I I I�r V 1 I I y e It, �1 I J _ uD.flm:n K�SI�IINtlT The applicant shall provide landscape screening in accordance with § 18.32.7.9,7 or landscaping as approved by the agent, in the open space/landscaping easement areas highlighted above. This intensified planting area does not negate the required landscaping area elsewhere on the application plan associated with ZMA2014-6 or required by the proffers. RESOLUTION TO APPROVE SE202000005 AVON PARK II DEVELOPMENT NOW BE IT RESOLVED that, upon consideration of the Memorandum 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 in Albemarle County Code §§ 18-5.5.3 and 18-33.49, the Albemarle County Board of Supervisors hereby approves SE202000005 Avon Park II Development to vary the Application Plan approved in conjunction with ZMA201400006 Avon Park II for the mix of unit types, setbacks, road alignment, and stormwater management, subject to the conditions attached hereto. I, 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 to as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye- May Mr. Dill Mr. Gallaway Ms. Mallek Ms. McKee) Ms. Palmer Mr. Randolph SE202000005 Avon Park II Development Conditions 1. All variations shall be as depicted on the Initial Site Plan and Subdivision Plat for the Avon Park II Development prepared by Collins Engineering and last revised on October 5, 2020. 2. The applicant shall provide landscape screening in accordance with County Code § 18-32.7.9.7, or landscaping as approved by the agent, in the open space/landscaping easement areas as shown on the depiction entitled "Intensified landscaping area for screening created by the Community Development Department on 10-13-20."