HomeMy WebLinkAboutSE202100015 Review Comments Appeal to BOS 2022-04-08COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4126
To:
Albemarle County Board of Supervisors
From:
Cameron Langille, Principal Planner
Date:
February 2, 2022
Re:
SE202100015 Belvedere Special Exceptions — Request for Five (5)
Variations to Belvedere Code of Development (ZMA200400007)
TMP:
062A3-00-00-001BO, 06200-00-00-002130, 06200-00-00-002AO, 06100-00-00-
16OR5, 062GO-00-07-000EO
Magisterial District:
Rio
School Districts:
Agnor Hurt E.S.; Burley M.S.; Albemarle H.S.
Zoning:
NMD Neighborhood Model District
Special Exception Requests:
The applicant requests five (5) special exceptions to vary several sections of the Belvedere Code of
Development (COD) approved with ZMA200400007. The specific requests are summarized below:
1. Variation #62 - Waive condition #3 attached to a previously approved variation (variation #54)
related to landscaping and screening requirements in Block 9.
2. Variation #63 - Modify Section 3 of the COD for building height and porch architectural
standards of residential buildings in Blocks 8 and 10.
3. Variation #64 - Modify Section 4 of the COD for street cross -sections of roads in Blocks 8 and
10 so that they will comply with current VDOT and Fire Rescue street design requirements.
4. Variation #65 - Modify the minimum and maximum residential unit tables in Section 2 of the
COD to allow flexibility in unit types/counts between Block 8 and 10.
5. Variation #66 - Modify descriptive text of Section 2 of the COD to be consistent with variation
#65 request above.
Staff analysis of each request is provided as Attachment B.
Staff Recommendation:
Staff recommends that the Board adopt the attached Resolution (Attachment C) to approve the special
exceptions, in general accord with the submitted application.
Attachments:
A. SE2021-15 Application Materials (Special Exception Requests)
B. SE2021-15 Staff Analysis
C. Resolution
ipROUDABUSH, GALE & ASSOC. , Inc.
A PROFESSIONAL CORPORATION Serving Virginia Since 1956
November 4, 2021
Mr. Cameron Langille
Principal Planner
Albemarle County Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Revised Belvedere Special Exception
SE20210005
Dear Cameron:
Attached please find revised documents supporting the above referenced Special
Exception.
Thank you for working through these requests. Please do not hesitate to contact me if you
have concerns or require additional information.
Sincerely,
Don Franco
999 Second St SE, Charlottesville, VA 22902 Page 1 of 8
Belvedere Variance
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 #S4 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 adjacent property has since been
purchased and is now being developed as part of Belvedere and 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. The request does not impact the open space tables.
Figure 1: Original ZM
Figure 2: Variation # 54
999 Second St SE, Charlottesville, VA 22902 Page 2 of 8
Belvedere Variance
2. UPDATE THE BUILT FORM OF BELVEDERE
Requirements
A predominately two-story street elevation is encouraged with a minimum of 50% 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 anidentical housef-ont
elevation may not be repeated more than once in any grouping 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-story street elevation is encouraged with a minimum of 50% of
homes being two story. This requirement shall not apply to Blocks 8 and 10.
Similar building elevations shall be separated to minimize the awareness of repetitive
floor plans and elevations. For single family detached 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 Band 10.
Add to the end of Section 3, page3l.
c. FUTURE AMENDMENTS TO THESE STANDARDSAND THE BELVEDERE
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 Neiahborhood Association.
Inc.. in accordance with Article X Section 12 of the Belvedere Declarations of
Covenants and Restrictions (as originally recorded in Albemarle CountCountE land
records at Book 3545 Pape 1,), any aspect of these Standards and Code may be
999 Second St SE, Charlottesville, VA 22902 Page 3 of 8
Belvedere Variance
amended by the Belvedere Neighborhood Homeowners Association membership
by the same process and by the same 2 3rds majority 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 County 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 Count}�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 4 of 8
Belvedere Variance
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 and 10 are notsubject to the street design standards specified
in this table; however, they continue to be subject to VDOT and Fire Marshall approval.
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, Charlottesville, VA 22902 Page 5 of 8
Belvedere Variance
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)
BELVEDERE MAXIMUM RESIDENTIAL DENSITIES
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
Variation #26 (approved 2.3.10) modifies Tables 1 and 2 showing maximum and
minimum residential units by block and residential density.
Variation #37 (approved 10.12.10) modifies Tables 1 showing maximum residential
units.
999 Second St SE, Charlottesville, VA 22902 Page 6 of 8
Belvedere Variance
BELVEDERE MINIMUM RESIDENTIAL DENSITIES (REV')
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
20
42
5.32
9
9.41
23
0
0
0
23
2.44
10
93.43
50
2
0
0
50
0.54
Total
206.68
235
30
218
103
586
2.84
Proposed
This variation modifies Tables land 2 showing maximum and minimum residential
units by block and residential density, to allow some or all the units in Block 8 to
developed in Block 10. Any unused units in Block 10. shall be carried to Block A
Justification
Based on development of the project to date, the project will fall short of its approved
density. Allowing this density to shift will allow Block 10 to achieve a density more
appropriate for a designated growth area.
999 Second St SE, Charlottesville, VA 22902 Page 7 of 8
Belvedere Variance
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 100' 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)
Blocks 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:
Blocks 8 and 10 - These blocks represent buildout of Belvedere. Although the general
descriptions provided above will still apply, specific references to housing typology and
lot width are amended to allow forSFD, SFA, and TH units in both blocks. Multifamily
units are prohibited. The minimum lot width shall be 20.
Justification
This adjustment, combined with Request #4. In addition to simplifying implementation of
the buildout of Belvedere, this request provides the additional flexibility and allow for
better utilization of the permitted densities.
999 Second St SE, Charlottesville, VA 22902 Page 8 of 8
ATTACHMENT B
STAFF ANALYSIS
STAFF PERSON: Cameron Langille, Principal Planner
BOARD OF SUPERVISORS: February 2, 2022
PROJECT: SE202100015 Belvedere Special Exceptions
Five (5) Variations to Belvedere Code of Development
TAX MAP PARCELS: 062A3-00-00-001 BO, 06200-00-00-002130, 06200-00-00-002AO,
06100-00-00-160R5, 062GO-00-07-000EO
County Code § 18-8.5.5.3 authorizes the Board of Supervisors to grant variations to allow minor
changes to a Code of Development (COD) through the special exception process. Under County Code
§ 18-8.2(b), the applicant can request a waiver to the applicable planned development regulations
specified in the COD The Belvedere project is zoned Neighborhood Model Development (NMD) and is
subject to the Code of Development (COD) of ZMA2004000007. The applicant has requested five
variations.
ANALYSIS OF SPECIAL EXCEPTION REQUESTS: Requests for modifications must be reviewed
under the criteria established in County Code § 18-33.9, taking into consideration the factors,
standards, criteria and findings for each request; however, no specific finding is required in support of
a decision. Staff analysis under County Code 18-8.5.5.3(c) is provided below for each request.
1) Variation #62 to Waive Condition #3 of Variation #54
The COD establishes the development regulations that apply to the overall Belvedere project.
The COD contains landscaping and screening requirements throughout each block of
Belvedere. On November 7, 2018, the Board of Supervisors approved a variation request
(variation #54) to modify the acreage/locations of conservation and preservation open space in
Blocks 9 and 10. A condition was approved with the variation to provide landscaping for
screening purposes in a conservation area on the west side of Block 9, with conservation area
located at the corner of Farrow Drive/Fowler Drive adjacent to a residential lot. The condition
reads as follows:
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.
The applicant has requested a special exception to remove condition #3 as it was applied to variation
#54. The applicant now seeks to develop this land as a standard street intersection as opposed to a
larger open space area that would need landscaping to provide screening for adjacent residential units.
The applicant has already posted a bond to install the landscaping as required by the condition, and
would like for the bond to be released. The minimum acreages of conservation areas required by the
COD would still be met by being provided elsewhere in the block. Staff believes that given the changes
in adjacent development, the landscape screening is no longer needed.
(i) Consistent with the goals of the Comprehensive Plan;
The variation would be consistent with the Comprehensive Plan. The purpose of planned
developments is to promote variety and flexibility in design allowing for a unified site design. Approval
of this special exception would not change the quantity of conservation areas within Belvedere. The
proposed street intersection is similar to other throughout Belvedere, including several within the
street network of Block 9 that do not have landscaping screening between residential units and
adjacent streets. This request would be consistent with the Comprehensive Plan and Neighborhood
Model Principles.
The purpose of the condition applied with variation #54 was to ensure that screening measures would
be provided between residential buildings and open space areas. This land is now proposed to be
developed as a public street to provide necessary vehicular access to future phases of the project. As
mentioned above, the applicant is expanding the acreage of conservation areas elsewhere in
Belvedere to ensure the minimum amounts of conservation areas are met, per the COD. The need for
landscaping in this specific area is no longer necessary, and removal of the condition would be a
reasonable modification.
(f1) Does not increase the approved development density or intensity of the development;
The density and intensity of the development would be unaffected by the variation.
(iii) Does not adversely affect the timing and phasing of development of any other development in
the zoning district;
The timing and phasing of development would not be affected.
(iv) Does not require a special use permit;
A special use permit would not be required.
(v) Is in general accord with the purpose and intent of the approved application.
Major elements of the Belvedere Application Plan and COD would remain in place.
2) Variation #63 to Modify Architectural Standards in Blocks 8 and 10
The applicant is requesting to modify some of the architectural standards for residential units in
Blocks 8 and 10. Specifically, the applicant requests to waive the requirement that at least 50%
of the residential units in either block be two stories, and that at least 50% of residential units in
either block have porches.
The applicant is also proposing to add language to the COD that would allow the Belvedere
Homeowners Association (HOA) to amend the existing architectural provisions in the HOA
covenants (recorded in Deed Book 3545, page 1) for the project if 2/3 of the property owners
agree once the entire project has been constructed and built.
(i) Consistent with the goals of the Comprehensive Plan;
This Variation would be consistent with the Comprehensive Plan. Architectural standards were
put into the COD to ensure that the development is consistent with the County's
Comprehensive Plan and Neighborhood Model Principles. Staff has had many discussions
with the developer regarding the units and their architectural form proposed in Blocks 8 and 10.
The modifications would not reduce the project's consistency with the Comprehensive Plan
recommendations and Neighborhood Model principles.
(ii) Does not increase the approved development density or intensity of the development;
The density and intensity of the development would be unaffected by the variation.
(iii) Does not adversely affect the timing and phasing of development of any other
development in the zoning district;
The timing and phasing of development would not be affected.
(iv) Does not require a special use permit;
A special use permit would not be required.
(v) Is in general accord with the purpose and intent of the approved application.
Major elements of the Belvedere Application Plan and COD would remain in place.
3) Variation #64 - Modify Road Standards for Blocks 8 and 10
The applicant is requesting to modify Section 4 of the COD, which establishes the design
standards for each street in Belvedere. Section 4 contains a design table that identifies the
cross-section for every road in the project. For example, the table identifies how many lanes of
traffic, bike lanes, on -street parking, sidewalks, etc. are required for each street in the entire
project.
The applicant is asking to add a footnote under Table 8 that states:
"Streets within Blocks 8 and 10 are not subject to the street design standards specified in
this table; however they continue to be subject to VDOT and Fire Marshal approval."
When the original COD was approved, VDOT and Fire Code design requirements for public
streets were more relaxed than the current standards. In some instances, the cross -sections
required by Table 8 for certain roads in Blocks 8 and 10 are practically infeasible under current
public road standards. The requested footnote would allow roads to be approved and
constructed that meet minimum design requirements that must be adhered to in order for VDOT
and the Fire Marshal to approve and accept public roads in Blocks 8 and 10 of Belvedere. The
County's Subdivision Ordinance and Zoning Ordinances, in conjunction with VDOT and Fire
Code standards, still require public streets to have most of the actual improvements that the
COD intended to capture. The variation would be consistent with the planned development
design principles.
(i) Consistent with the goals of the Comprehensive Plan;
This variation would be consistent with the Comprehensive Plan.
(ii) Does not increase the approved development density or intensity of the development;
The density and intensity of the development would be unaffected by the variation.
(iii) Does not adversely affect the timing and phasing of development of any other
development in the zoning district;
The timing and phasing of development would not be affected.
(iv) Does not require a special use permit;
A special use permit would not be required.
(v) Is in general accord with the purpose and intent of the approved application.
Major elements of the Belvedere Application Plan and COD would remain in place.
4) Variation #65 - Modify Residential Unit Counts in Blocks 8 and 10
The Belvedere COD establishes the overall number of residential units permitted throughout the entire
project, which is 775 total dwelling units. Section 2 of the COD contains tables that identify the
minimum (Table 2) and maximum number (Table 1) of residential units permitted in each block by unit
type. Each block of Belvedere is permitted to have one or more dwelling unit types, which include
single-family detached, single-family attached/townhomes, multifamily units, and carriage houses.
Under Table 1 of the COD, the maximum number of units in Blocks 8 and 10 are as follows:
• Block 8: 27 single family detached, 16 single family attached, 26 carriage houses.
• Block 10: 50 single family detached, 2 single family attached, 10 carriage houses.
This variation request is to allow any of the units permitted in Block 8 to be provided in Block 10. The
3
intent of this variation is to allow flexibility in unit types and quantities in Block 10, and to ensure that
the overall minimum and maximum restrictions imposed by the original COD are still met once both
blocks are completed.
(i) Consistent with the goals of the Comprehensive Plan;
This variation would be consistent with the Comprehensive Plan.
(ii) Does not increase the approved development density or intensity of the development;
This variation would allow shifting of units between only Blocks 8 and 10. Both blocks would remain
predominantly single family. The intensity would not be affected and the overall density would remain
unchanged.
(iii) Does not adversely affect the timing and phasing of development of any other
development in the zoning district;
The timing and phasing of development would not be affected.
(iv) Does not require a special use permit,
A special use permit would not be required.
(v) Is in general accord with the purpose and intent of the approved application.
Major elements of the Belvedere Application Plan and COD would remain in place.
5) Variation #66 - Modify Descriptive Text of Section 2 of the COD
This variation proposes to modify descriptive text of the land use section (Section 2) on page 9 of the
COD as it applies to Blocks 8 and 10 by adding the following:
Add the following to the end of Regulating Land Use:
Blacks 8 and 10 - These blocks represent buildout of Belvedere. 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 in both blocks. Multifamily
units are prohibited. The minimum lot width shall be 20.
The purpose of this variation is to ensure that the descriptive text of the COD is consistent with
variation #65 mentioned earlier in this report. By adding the language above, the developer would be
able to provide the mixture of single-family detached and attached dwellings sought through variation
#65. The lot width established by the new text would allow flexibility in block design to ensure that the
minimum and maximum number of units between Blocks 8 and 10 would not encroach into sensitive
environmental features.
(i) Consistent with the goals of the Comprehensive Plan;
This variation would be consistent with the Comprehensive Plan
(ii) Does not increase the approved development density or intensity of the development;
This variation would not affect density of the development. Intensity of the development would remain
consistent with the intent of the original COD.
(iii) Does not adversely affect the timing and phasing of development of any other
development in the zoning district;
The timing and phasing of development would not be affected.
(iv) Does not require a special use permit;
A special use permit would not be required.
0
(v) Is in general accord with the purpose and intent of the approved application.
Major elements of the Belvedere Application Plan and COD would remain in place.
RECOMMENDATION:
Staff recommends that the Board adopt the attached Resolution (Attachment C) to approve as
special exceptions Variations #62-#66 to the Belvedere Code of Development, in general
accord with the special exception application submitted by Roudabush, Gale & Assoc., Inc.
dated November 4, 2021.
5
RESOLUTION TO APPROVE SPECIAL EXCEPTIONS
FOR SE 2021-00015 BELVEDERE — FIVE VARIATIONS TO CODE OF DEVELOPMENET
WHEREAS, upon consideration of the Memorandum prepared in conjunction with the SE 2021-00015
Belvedere — Five Variations to Code of Development application and the attachments thereto, including
staff s supporting analysis, any comments received, and all of the factors relevant to the special exceptions in
Albemarle County Code §§ 18-8.2(b), 18-8.5.5.3, and 18-33.9, the Albemarle County Board of Supervisors
hereby finds that the proposed special exceptions:
(1) would be consistent with the goals and objectives of the Comprehensive Plan,
(2) would not increase the approved development density or intensity of development,
(3) would not adversely affect the timing and phasing of development of any other development in the
zoning district,
(4) would not require a special use permit, and
(5) would be in general accord with the purpose and intent of the approved application.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
approves as special exceptions Variations #62466 to the Belvedere Code of Development, in general accord
with the special exception application submitted by Roudabush, Gale & Assoc., Inc. dated November 4,
2021.
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
Ave Nay
Mr. Andrews
Mr. Gallaway
Ms. LaPisto-Kirtley
Ms. Mallek
Ms. McKee)
Ms. Price