HomeMy WebLinkAboutSE202100015 Application 2021-04-02•
•
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):
Applicant / Contact Person
Address
Daytime Phone# ( ) Fax#
Owner of Record
Address
Daytime Phone# (
Fax# (
City
City
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.
Email
Email
State Zip
State Zip
County of Albemarle
Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
II
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 communi anon also being sent via first class mail.
SignatureofOwner / Agent / Contract Purchaser Date
t1 r� lUrp i
Print Name
FOR OFFICE USE ONLY APPLICATION#
4-�� Z4Z.GI77-
Daytime phone number of Signatory
Fee Amount $ Date Paid
By who? Receipt# Ck#
ROUDABUSI3, GALL & ASSOC. , Inc.
A PROFrSSIOA'AL CORPORATION Serving Virginia Since if)1,6
April 2, 2021
Mr. Bart Svoboda
Zoning Administrator/Director of Zoning
Albemarle County Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Belvedere Special Exception Variance(s)
Dear Bart:
This special exception request addresses multiple modifications, variances, and special
exceptions to simplify build out of Belvedere. The requests are submitted in support of the
Block 10 Site Plan and have been assumed to be granted as part of that initial submittal.
This request is also part of a bigger package which includes a rezoning request and
determinations relative to the Block 10 green spaces. The documents are being submitted
relatively close together to provide the big picture of our request. I have separated the
requests into items which can be addressed as minor variances, more formal modifications
of the Code of Development (COD), and clear rezoning requests. Simultaneously processing
should provide us with the ability to move items, if required, between applications.
In general support of our multiple requests, early CODS tended to over regulate design.
While this helped assure that the visions were achieved, many of the specified metrics have
simply added to the work load for review and permitting staff and the developer. Heavily
detailed CODS also created unintended consequences which include reducing flexibility,
frustrating design, and increasing paperwork to monitor compliance. Based on our past
discussions with staff, it is our understanding that both staff and the developer agree:
• The NMD pattern within Belvedere is established.
• Many of the prescriptive elements of the COD are no longer required to ensure
future neighborhoods will be a natural extension of the established development
pattern.
• Development of adjacent parcels at their by right densities eliminates an original
unknown and reduces the need to transition to low density SFD units at the
property line.
• Current VDOT and health and safety requirements impact the ability to execute
some of the details shown in the Application Plan.
999 Second St SE, Charlottesville, VA 22902 Page 1 of 12
Belvedere Variance Requests 4/2/2021
We request the below listed modifications, variances, and special exceptions. Each request
is detailed in subsequent paragraphs.
1. Eliminate 2019-01413SF Landscaping Condition 43 on Fowler shoulder in the COD
2. Update the Built Form of Belvedere in the COD
3. Eliminate Road Standards in the COD
4. Update and revise Tables 1 and 2 in the COD
5. Add Planned Land Use for SuperBlock
Thank you for your consideration regarding this request. It is our hope that upon review,
you will agree with the provided justifications. Please feel free to contact me with any
questions.
Sincerely,
Don Franco
999 Second St. SE, Charlottesville, VA 22902 Page 2 of 12
Belvedere Vziarce Rernuests
1. ELIMINATE 2019-01413SF LANDSCAPING CONDITION #3
Requirement
Screening shall be installed in accordance with County Code § 18-32.7.9.7 and
completed prior to a certificate of occupancy for the lot adjacent to the Conservation
Area. The landscape plan for the screening must be submitted and approved prior to a
building permit being issued for that lot. (Variance #54, Condition #3)
Proposed
We request removal of Condition #3, Variance #54 and release of the posted landscape
bond.
Justification
Over the years, the street has gone from the buffered interconnection (Figure 1) to a typical
internal intersection (Figure 2). The Application Plan provided an interconnection through
Block 9 to an adjacent parcel, TMP 62-161). The property has since been purchased and is
now being developed as part of Belvedere the preference is to treat this as an internal
intersection versus an interconnection. Our request allows the corner lot to address both
streets and the intersection and is more consistent with other intersections with the PUD.
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SrfIRA; 14 VIH' �-
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Figure 1: Original ZM
Figure 2: Variation # 54
999 Second SL. SE, Charlouesville, VA 22902 Page 3 of :12
Belvedere Variance Requests 4/2/2021
2. UPDATE THE BUILT FORM OF BELVEDERE
Requirements
A predominately two-story street elevation is encouraged with a minimum of50%of
homes being two story. (COD, General Style, Form, Massing and Proportion of
Structures, p. 23)
Similar building elevations shall be separated to minimize the awareness of repetitive
floor plans and elevations. For singlefamilydetached homes an identical house front
elevation may not be repeated more than once in anygrouping of 6 or fewer adjacent
lots sharing frontage on a common street. An identical plan may not be constructed
on lots thatface each other across a roadway other than an Alley. (COD, General Style,
Form, Massing and Proportion of Structures, p. 23)
50% of the detached homes shall have front porches with a minimum depth of 7 feet
and a minimum width of 15 feet Lots requiring such porches will be determined by the
ASC. (COD, General Style, Form, Massing and Proportion of Structures, p. 23)
Proposed
A predominately two-storystreet elevation is encouraged with a minimum of 50% of
homes being two story. This requirement shall not apF(y to Blocks B. 10 and the
51=Block, if approved.
Similar building elevations shall be separated to minimize the awareness of repetitive
floor plans and elevations. For singlefamilydetached homes an identical house front
elevation may not be repeated more than once in anygrouping of 3 or fewer adjacent
lots sharing frontage on a common street An identical plan may not be constructed
on lots thatface each other across a roadway other than an Alley.
50% of the detached homes shall have front porches with a minimum depth of 7 feet
and a minimum width of 15 feet. Lots requiring such porches will be determined by the
ASC. This requirement shall not apply to Blocks 8 10 and the Super Blo"
approved.
Add to the end of Section 3, page3l.
999 Second St. SE, Charlottesville, VA 22902 Page 4 of 12
Belvedere Variance
c. FUTURE AMENDMENTS TO THESE STANDARDS AND THE BEL VEDERE
ARCHITECURAL CODE
Upon completion of the Belvedere Development and after the Developer of
Belvedere has turned over control of the Architectural Standards Committee to
the duly elected Board of Directors of the Belvedere Neighborhood Association
Inc.. in accordance with Article X. Section 12 of the Belvedere Declarations of
Covenants and Restrictions (as originally recorded in Albemarle County Iand
records at Book 3545 Page 1) any aspect of these Standards and Code may be
amended by the Belvedere Neighborhood Homeowners Association membership
by the same process and by the same 2/3rds maiority vote of the membership
necessary to amend the Belvedere Declarations, as is outlined in Article XI
Section 2 of the Belvedere Declaration.
Any future amendments made by the Association Board under this paragraph
shall not require any further Variation to the Albemarle Coup Code the
Association shall be under no obligation to apply for such and the Association
may proceed subject only to the review of the Virginia Department of
Professional and Occupational Regulation's (DPOR) Common Interest
Community (CIC Board.
Justification
Since the project was zoned in 2005, the County's approach to Neighborhood Model
Districts (NMD) has evolved. The focus has shifted from prescribing the outcome to
providing for more flexibility and fewer metrics. Both staff and the development team
agree that the character of the NMD is established and the reduction in details will not
negatively impact the outcome.
While no changes to the built form are proposed, eliminating requirements such as two-
story buildings and front porches, simplifies the COD, reduces the time required review and
monitor these items, and reduces recordkeeping. This request originated with building
permit and zoning inspection staff.
Adding the new language allows the residents to self -govern and reduces the potential for
zoning violations and the need for variations, special exceptions, and zoning amendments
in the future.
999 Second St. SE, Charlottesville, VA 22902 Page 5 of 12
Belvedere Variance Requests 4/2/2021
3. UPDATE ROAD STANDARDS
Requirement
Section 4 Street Classifications prescribes the design characteristics (e.g., width, parking)
for each road within the NMD.
Proposed
Add a General Table Note to Table 8 Road Standards stating:
Streets within Blocks 8,10, and the Super Block, if approved, are not subject to the
street design standards specified in this table.
Justification
Since the project was submitted for rezoning in 2005, both VDOT and the County have
implemented NMD style streets requirements. Additionally, health and safety related
codes, primarily addressing on -street parking and emergency access, often conflict with the
COD requirements. Eliminating the street design standards specified for Blocks 8,10, and
the Super Block, if approved, maintains the same quality of roads and development while
simplifying the design and approval process.
999 Second St. SE, Charlottesvilie, VA 22902 Page 6 of 12
Belvedere Variance Requests 4/2/2021
4. UPDATE AND REVISE TABLES 1 & 2
Requirement
Section 2 Planned Land Uses of the COD states:
The residential unit count and densities are shown on the following Tables land 2.
The residential units shown below may be adjusted by block and unit type; however
the total maximum number of units shall not exceed 775. (COD p. 5)
TABLE 1. BELVEDERE MAXIMUM RESIDENTIAL i]F.NSiTIF.S
BLOCK
GROUP
AREA
AC
TABLE 1 MAXIMUM RESIDENTIAL DENSITIES
SFD
SFA TH
APARTMENT MF
CARRIAGE
HOUSE
UNITS
Total
Density
1
15.08
0
0
12
0
12
0.80
2
26.83
0
20
302
0
322
12.00
3
12.48
25
0
0
14
39
3.13
4
16.68
32
11
0
36
69
4.14
5
6.86
34
0
0
24
58
8.45
6
9.32
30
9
0
14
53
5.69
7
8.72
34
0
0
32
66
7.57
8
7.90
27
16
0
26
69
8.73
9
9.41
25
0
0
0
25
2.66
10
93.4
52
0
0
10
62
0.66
Total
206.68
259
56
314
146
775
3.75
999 Second St. SE, Charlottesville, VA 22902 Page 7 of 12
Belvedere Variance Requests
BELVEDERE MINIMUM RESIDENTIAL DENSITIES iREV11
BLOCK
GROUP
AREA
AC
TABLE 2 MINIMUM RESIDENTIAL DENSITIES
SFD
SFA TH
APARTMENT MF
CARRIAGE
HOUSE
UNITS
Total
Density
1
15.08
0
0
0
0
0
0
2
26.83
0
19
218
0
237
8.83
3
12.48
25
0
0
14
39
3.13
4
16.68
28
11
0
22
61
3.66
5
6.86
29
0
0
16
45
6.56
6
9.32
28
0
0
11
39
4.18
7
8.72
30
0
0
20
50
5.73
8
7.90
22
0
0
0
42
5.32
9
9.41
23
0
0
0
23
2.44
10
93.43
50
0
0
0
50
0.54
Total
206.68
235
30
218
103
586
2.84
Proposed
BELVEDERE MAXIMUM RESIDENTIAL DENSITIES fREV11
BLOCK
GROUP
AREA
AC
SUPPLEMENTAL TABLE 1A RESIDENTIAL DENSITIES
SFD
SFA TH
APARTMENT
MF
CARRIAGE
HOUSE
UNITS
Total
Density
1-7, 9
105.38
163
30
302
101
596
5.66
Su erblock
1 101.3
109
0
36
145
1.57
Total
206.68
302
302
137
741
3.59
a A minimum of 2 Carriage House units may be required to satisfy the affordable housing
proffer.
999 Second St. SE, Charlottesville, VA 22902 Page 8 of 12
Belvedere Variance Requests 4/2/2021
Justification
The following tables walk through how we arrived at our request. The first table provides
an updated count of the units that have been platted/provided for to date. The count
includes a range of Carriage House Units that can be constructed. To date, a minimum of 85
units have been constructed.
BLOCK
GROUP
AREA
AC
RESIDENTIAL UNITS PLATTED TO DATE
SFD
SFA TH
APARTMENT
MF
CARRIAGE
HOUSE
UNITS
Total
Density
1
15.08
0
0
0
0
0
0.80
2
1 26.83
0
19
302
0
321
12.00
3
12.48
25
0
0
14
39
3.13
4
16.68
28
11
0
22 to 26
67 to 71
5
6.86
29
0
0
16to19
50t
6
9.32
28
8
0
10
46
5.69
7
8.72
30
0
0
23 to 32
59 to 68
9
9.41
23
0
0
0
23
2.66
To -Date
105.38
163
30
302
85 to 101
580 to 596
Several years ago, building code regulations and interpretations changed such that a
breezeway connecting the otherwise stand-alone accessory building to the principal
structure made the accessory part of the principal structure. The net result was the
Carriage Houses were no longer assigned separate addresses. Making it much harder for
the developer to maintain an accurate count of the affordable units. The lower end of the
range, 85, is the number of verified units. The upper end of the count includes both lots
with contracts to provide and those allowed to have the Carriage Houses. The next two
tables combine the residue, Blocks 8 and 10, into a SuperBlock incorporate the "to -date"
counts relative to the minimum and maximum totals. The minimums assume that only the
85 Carriage Houses are built in the project to -date.
BLOCK
GROUP
AREA
AC
MINIMUM RESIDENTIAL DENSITIES
SFD
SFA TH
APARTMENT
MF
CARRIAGE
HOUSE
UNITS
Total
Density
To -Date
105.38
163
30
302
85
580
5.50
Superblock
Min
101.3
72
0
0
0
92
0.90
Min Total
206.68
235
30
302
85
672
3.25
COD Min
206.68
235
30
218
103
586
2.84
999 Second St. SE, Charlottesville, VA 22902 Page 9 of 12
Belvedere Variance
The next table assumes the maximum number of Carriage Houses are realized in the
developed areas and the SuperBlock develops at its highest allowable density. The final
total for that scenario is 695 units, roughly 10% below the maximum of 775 units.
BLOCK
GROUP
AREA
AC
MAXIMUM RESIDENTIAL DENSITIES
SFD
SFA TH
APARTMENT
MF
CARRIAGE
HOUSE
UNITS
Total
Density
To -Date
105.38
163
30
302
101
596
5.66
Superblock
Max
101.3
79
16
0
36
131
1.29
Max Total
206.68
242
30
302
121
695
3.36
COD Max
206.68
259
56
314
146
775
7.75
An additional 2 -10 Carriage Houses units may need to be built in Block 8 to satisfy the
affordable housing proffer. As all various development scenarios show that more than 10
additional Carriage Houses will be hard to accommodate, the maximum was lowered from
36 to 10.
Given the minimum densities, except for the Carriage house units, have been satisfied, we
labeled the revised table as maximum values and provided a footnote to highlight the need
to satisfy the Carriage House proffer.
There is also no potential to exceed the total maximum number of units. To close the gap
between our potential buildout and the project's maximum, we reviewed the COD tables
and identified 14 unused units in Block 1 (12 MF), Block 2 (1 SFD), Block 6 (1 SFD). As
provided for in the COD, these 14 unused units were added to the SuperBlock.
Finally, as provided for in the COD, we removed the distinction between SFD and SFA/TH.
Consolidation of the single-family units into one category simplifies the need to track unit
types, reducing staffs monitoring requirements. As stated earlier in this request, staff and
the developer agree that the character of Belvedere is already established.
BELVEDERE RESIDENTIAL DENSITIES (REV11
BLOCK
GROUP
AREA
AC
TABLE 1 2 RESIDENTIAL DENSITIES
SFD
SFA TH
APARTMENT
MF
CARRIAGE
HOUSE
UNITS
Total
Density
1-7, 9
105.38
163
30
302
101
596
5.66
Su erblock
1 101.3
1)9
0
10
145
1.57
Total
1 206.68
302
302
111
715
3.59
999 Secood St. SE, Charlottesville, VA 22902 Page 10 of 12
Belvedere Variance Requests
5. ADD PLANNED LAND USES FOR SUPERBLOCK
Requirement
Section 2 Planned Land Uses of the COD describes the general features of each block:
Blocks 5 through 8 - These Blocks radiate off of the Village green and Belvedere
Boulevard and are characterized by lots of multifamily residential that are primarily
alley loaded. Lots would range between 30' and 60' in width with town homes and
multifamily interspersed in several locations. Along the railroad, a 1 00'ROW is being
reserved for the future Parkway. In the interim, this area will be used for open
recreation fields and interconnecting trails. Pocket parks and the Neighborhood
Center site will serve as the primary amenities and identity of these neighborhoods.
(COD p. 8)
locks 10 -This Block encompasses the outermost transect which is a ridge top
overlooking the Rivanna (R)iver. The outer edge of this ridge will have front loaded
single family homes sited on predominantly larger lots (60' width and above). Most
clearing. Grading and home footprints would occur above the 25% slopes, and Open
Space and Linear Park J in the form of conservation and preservation areas will allow
for the retention of large stands of forested area below the clustered lot pattern of
Block 10. The focal point of this neighborhood is an oval that contains a small cluster
of alley loaded, ridge top lots (40 (foot) width or larger) oriented towards the
centralized Park "L" (COD p. 9)
Proposed
Add the following to the end of Regulating Land Use:
SuperBlock - This Block represents buildout of Belvedere, Blocks 8 and 10. Although
the general descriptions provided above will still apply, specific references to housing
typology and lot width are amended to allow for SFD, SFA, and TH units. Multifamily
units are prohibited. The minimum lot width shall be 20'.
Justification
These adjustments are needed to execute the SuperBlock as described in Request #4. In
addition to simplifying implementation, they provide the additional flexibility and allow for
better utilization of the permitted densities.
999 Second St. SE, Charlottesville, VA 22902 Page 11 of 12
Belvedere Variance Requests
999 Second St. SE, Charlottesville, VA 22902 Page 12 of 12
g
5� i ;� ------
ZMA
From Survey/Plats
Development Plan Area (acres)
206.68
203.92
Not included in re -zoning (R4)
49.80
48.97
Total Property area
256.50
252.89
Block 10
93.40
93.60
N
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it
Levenson
10.73 ac
1oN4y R
R4
3.61 acres less compared to ZMA
TMP 62-2A DB4723 PG653
"Physical and Boundary Survey of TMP'S 61-60,62-2A1, 62-2C, 62A3-1 & 62-2B Part of
Belvedere" May 4, 2016
OPEN SPACE
SCALE 1 "=400' (HORIZONTAL)
400 0 400 800
SCALE IN FEET
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