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HomeMy WebLinkAboutSE202100041 Application 2021-10-19• • APPLICATION FOR A SPECIAL EXCEPTION m Request for a waiver, modification, variation or ❑ Variation to a previously approved Planned substitution permitted by Chapter 18 = 523.12 Development rezoning application plan or Application $503 + Technology surcharge $20.12 Code of Development = 523.12 Application $503 + Technology surcharge $20.12 OR ❑ Relief from a condition of approval = 523.12 Application $503 + Technology surcharge $20.12 Provide the following 0 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 : The Heritage on Rio 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. Current Assigned Application Number (HS, HO, CLE, SDP, SP or ZNU)not yet assigned Tax map and parcel(s): See EXHIBIT FOR SPECIAL EXCEPTION APPLICATION Applicant / Contact Person GW Real Estate Partners, LLC, c/o Valerie W. Long Address 321 East Main Street, Suite 400 City Charlottesville State VA Zip 22902 Daytime Phone# (434 ) 951-570 Fax# ( Owner of Record See EXHIBIT FOR SPECIAL EXCEPTION APPLICATION Address Daytime Phone# ( Fax# ( City Einail vlong@williamsmullen.com Email State _ Zip County of Albemarle Community Development Department 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 7/1/2021 r, • 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 / ac Ourchaser Valerie W. Long, Agent for Contract Purchaser Print Name FOR OFFICE USE ONLY APPLICATION# By who? Receipt # 9-20-2021 Date 434-951-5709 Daytime phone number of Signatory Fee Amount $ Date Paid Ck# By Revised 7/l2021 • 9 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, ZMA for The was provided to See EXHIBIT FOR SPECIAL EXCEPTION on Rio ation type & TION, List of Owners owners or me parce the owner of record of Tax Map and Parcel Number See EXHIBIT FOR SPECIAL EXCEPTION APPLICATION by delivering a copy of the application in the manner identified below: Hand delivery of 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 recipient's title or office for that entity] ate Mailing a copy of the application to each owner of each parcel. [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 recipient's title or office for that entity] o n 9/20/2021 Date to the following address See EXHIBIT FOR SPECIAL EXCEPTION APPLICATIO List of Owners [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]. (� IlU D G 11 0 , Tor 12 _ Signature of Applica Valerie W. Long t 1�t1 Print Applicant Name i bd$ A Revised 7/1/2021 EXHIBIT FOR ZONING MAP AMENDMENT AND SPECIAL EXCEPTION APPLICATIONS Project Name: The Heritage on Rio Date: September 20, 2021 Applicant/Developer/Purchaser: GW Real Estate Partners, LLC c/o William Gordon (will@gwrepartners.com) Robert Gordon (rob@gwrepartners.com) 145 Ednam Drive, Suite 100 Charlottesville VA 22903 434-979-8484 (office) Agent for Applicant/Developer/Purchaser/Contact Person: Valerie W. Long (vlong(a)williamsmullen.com) Williams Mullen 321 East Main Street, Suite 400 Charlottesville, VA 22902 434-951-5709 (office) List of Owners: Tax Map Parcel Numbers Owner of Record Address/Contact Information 04500-00-00-026A2 Charlottesville Rio Road Apartments LLC 110 Draper Road NW, Suite B Blacksburg, VA 24060 04500-00-00-026B5 Charlottesville Rio Road Apartments LLC 110 Draper Road NW, Suite B Blacksburg, VA 24060 04500-00-00-026B4 Charlottesville Rio Road Apartments LLC 110 Draper Road NW, Suite B Blacksburg, VA 24060 04500-00-00-02663 J. Wendell or Billie Jean Howell 445 W Rio Road Charlottesville Va 22901 04500-00-00-026B2 Abdul W. Rahim, Habib Rahim & Shaid Rahim 1433 Maymont Court Charlottesville Va, 22902 46123767 1 September 20, 2021 The Heritage on Rio Special Exception Application Narrative SE zozr In connection with the zoning map amendment application ZMA 2021- (the "ZMA Application"), submitted by GW Real Estate Partners, Inc. on September 20, 2021 (the "Applicant"), this Application for a Special Exception respectfully requests a waiver of the stepback requirements of Section 4.19 of the Albemarle County Zoning Ordinance that would otherwise apply to the four story apartment buildings proposed by the Application. If approved, the Application would permit the parcels subject to the Application (the "Property"), to be developed as a multifamily residential community known as "The Heritage on Rio" (the "Project"). The Project proposes a maximum of 250 residential units. The Application Plan submitted with the ZMA Application shows the arrangement of the apartment building envelopes within the Project. Some of the apartment buildings within the Project are proposed as four-story structures. Accordingly, each of the four-story buildings is subject to the County's front stepback requirement, which provides that for each story beginning above 40 feet in height, or for each story above the third story, whichever is less, the minimum stepback shall be 15 feet unless reduced by special exception. Zoning Ordinance § 4.19.5. There is no minimum stepback for the side and rear of structures under this rule. The apartment buildings are proposed to be built on the portion of the Project toward the rear of the Property, away from Rio Road West. The buildings that will be located adjacent to Rio Road West will not exceed three stories. The Project's two entrances will be on Rio Road West as well. Because Rio Road West is the nearest public road to the apartment buildings, and because the Project's entrance is served by Rio Road West, the facades of the apartment buildings that face Rio Road West are considered the front of the buildings for purposes of the front stepback requirement. For each of the apartment buildings that are proposed to be four stories, the Applicant requests a special exception to waive the front stepback requirement that would otherwise apply to each of these buildings The requested special exception will not result in the undesired "canyon" effect along public roads that Section 4.19 is designed to prevent.' The four-story apartment buildings are set back at a generous distance from Rio Road West, and behind a row of three story buildings that will be located adjacent to the road, such that the "canyon effect" is not even applicable in the situation. In addition, the Project's design allows sufficient space and light between the buildings to avoid the "canyon" effect. Moreover, A 10-foot wide asphalt multi -use pathway is proposed to be constructed along the entire frontage of the parcel, and would replace the existing 1 The purpose of the stepback rules was discussed during the public hearing at which the Board of Supervisors added Section 4.19 to the Zoning Ordinance. County Staff noted that Section 4.19 "avoids a 'canyon' effect." Statement of Ron Higgins, Deputy Zoning Administrator, Minutes of the Board of Supervisors Hearing, June 3, 2015, at page 99. narrower concrete sidewalk. This new pathway would also include a separation zone at least six feet in width between the curb and the new ten -foot wide multi -use path. This proposal will provide a significant enhancement to the pedestrian experience along the Project frontage, which further reduces the need for the stepback to be enforced on the buildings in the back of the Property. On side sidewalks and green space will also promote a welcoming pedestrian experience for residents walking between and around the apartment buildings. Another site specific element of the Project that supports the waiver of the stepback request has to do with the way the natural property grade gently slopes down and away from Rio Road West. As such, the four story buildings, which will be located to the rear of the Property, will not appear to be as tall relative to the elevation of the roadbed and the pedestrian/bike path, nor will they appear to be an entire floor taller than the three story buildings that will be at a slightly higher grade and adjacent to Rio Road West. In addition, if it were enforced, the front stepback requirement would significantly eliminate living space in the four story apartment buildings. The requested special exception therefore preserves living space in the apartment buildings, which will enhance the residential experience by providing more spacious accommodations to residents. As noted in more detail in the Rezoning Application Narrative, the proposed community would offer needed housing options for County residents and employees of nearby business and employment centers, and would significantly contribute to the urban redevelopment of the surrounding area envisioned by the Rio29 Small Area Plan, including by adding more residents who will support the implementation of the Rio29 Small Area Plan. Given that strict enforcement of the stepback requirement would not further the purpose of that regulation, it is appropriate to waive the requirement in light of the far greater public benefit that the Project would provide in the form of needed housing options at a high density level in a strategic location in close proximity to the Rio29 area, as contemplated by the Comprehensive Plan generally as well as the Place29 Master Plan and the Rio29 Small Area Plan. Taken as a whole, the Project's design implements the Neighborhood Model Principle that recommends Buildings and Spaces of Human Scale. The building design will incorporate different materials, textures, and features to prevent massing that is inconsistent with that goal, pursuant to a proffered statement on the Application Plan. In addition, the buildings will be subject to the review of the Architectural Review Board since the Project is located along an Entrance Corridor. The proposed design is also meant to foster a walkable and interactive residential environment to support a strong sense of community among residents. The Proposed Special Exceptions Supports the Goals of the Comprehensive Plan Modifying the front stepback requirement is consistent with the recommended future land use of the Property under the Comprehensive Plan. The Project is located in the Development Area and is designated for Urban Density Residential uses, with between 6.01 and 34 dwelling units per acre. The Places29 Master Plan supports buildings up to four stories. When placed in the context of the existing development in the surrounding area, the Project's proposal of four-story buildings in the "back row" of the project, behind three story buildings, and at a density within the recommendations of the Comprehensive Plan, would efficiently use this Urban Density Residential land in a manner consistent with the Master Plan's guidelines. The Applicant estimates that strict application of a 15-foot stepback to the apartment buildings would result in the loss of residential units. As a reduction in the number of residential units is contrary to the Comprehensive Plan's recommendation for the Property, a special exception from the stepback is warranted. If the number of units were reduced as a result of the stepback requirement, the Project would be far less effective in meeting the County's density and affordable housing goals. It would also not be financially viable to construct the Project. As noted above, Section 4.19 does not apply stepback requirements to the sides or rear of any structures in a residential zoning district. Therefore, the remaining sides of the apartment buildings are not subject to the stepback rules. For these reasons, the Applicant requests a special exception from Section 4.19 as applied to the fronts from the proposed four-story apartment buildings. The proposed height is consistent with the Master Plan's guidelines for this area of the County. Granting the requested special exception will further the goals of the Comprehensive Plan without creating any adverse impacts. Thank you for your consideration of this request. 46119767_1