HomeMy WebLinkAboutSE202200019 Review Comments Waiver, variation or substitution requirement 2022-06-01Staff Analysis of Special Exception Request
STAFF PERSON: Ben Holt
PLANNING COMMISSION: March 1, 2022
BOARD OF SUPERVISORS: June 1, 2022
Staff Report for Special Exception SE202200019 to modify the requirement for a minimum
stepback of 15 feet for each story that begins above 40 feet in height or for each story
above the third story, whichever is less, in the Planned Residential Development zoning
district, in association with ZMA202100006, Maplewood. (§ 18-4.19.5)
WAIVERS AND MODIFICATIONS FOR PLANNED DEVELOPMENTS
The applicant has requested to modify the requirement for a minimum stepback of 15 feet for each
story that begins above 40 feet in height or for each story above the third story, whichever is less, in
a PRD, Planned Residential Development. County Code § 18-4.19.5, stipulates that all buildings on
the property must meet the requirement that each story that begins above 40 feet in height or for
each story above the third story, whichever is less, shall include a minimum stepback shall be 15
feet. The stepback requirement applies only to the front of the building. County Code § 18-8.2(b)
permits any planned district regulation to be modified or waived by the Board of Supervisors as a
Special Exception under County Code § 18-33.43 through §18-33.51. Additionally, § 18-4.19.5
explicitly allows the Board of Supervisors to waive the requirement for a minimum stepback of 15
feet. The applicant has provided a revised request and justification for this special exception, which
can be found in Attachment 8. Staff analysis for County Code § 18-8.2(b)(3) and § 18-4.19.5 is
provided below:
3. Findings. In addition to making the findings required for the granting of a waiver or
modification in sections 4, 5, 21, 26, or 32, a waiver or modification may be granted only
if it is also found:
(No modifications or waivers are requested under sections 5, 21, 26, or 32. There are no
specific findings required for the granting of a waiver or modification as listed in § 18-4.19.5.)
to be consistent with the intent and purposes of the planned development district
under the particular circumstances, and satisfies all other applicable requirements
of section 8;
Staff has reviewed the application and finds the proposal to be in general conformance
with the Planned Residential Development (PRD) district. Staff also finds the proposed
residential development to be consistent with the goals and objectives of the
Comprehensive Plan and the Places 29 Master Plan (see Attachment 1, Staff Report for
details). The application proposes a total of six residential buildings of four stories in
height. The master plan recommends a maximum of four stories for the PRD district.
The applicant's request would remove the required 15 foot stepback for the fourth floor
of each building.
ii. to be consistent with planned development design principles;
Staff has reviewed the application against the Neighborhood Model Principles and finds
the request to meet nearly all of these principles. (See Attachment 7 for analysis of the
Neighborhood Model Principles.)
iii. that the waiver or modification would not adversely affect the public health, safety
or general welfare;
Staff finds that the public health, safety, and general welfare generally will not be
adversely affected by the modification of the requirement for a stepback of at least 15
feet for buildings that exceed three stories, or 40 feet, whichever is less. The ordinance
requirement for stepbacks is generally intended to address the aesthetic aspects of
buildings rather than public health and safety.
iv. in the case of a requested modification, that the public purposes of the original
regulation would be satisfied to at least an equivalent degree by the modification.
The regulation for stepbacks is intended to create buildings and spaces of human scale
and to promote harmonious development with the surrounding area. Furthermore, the
stepback requirement is intended to avoid the creation of spaces that create a "canyon
effect' in their physical impression. The request would remove the required stepback of
15 feet on the frontage of the building for the fourth floor. Modifying the stepback
requirement would allow the two over two townhome structures of four stories to be
uniform in building width on all four floors.
The applicant indicates in their Special Exception request (Attachment 8) that each
building within the development will front a greenspace with ample distance between
each building. Furthermore, the buildings are well removed from the adjacent streets
with a pedestrian path and landscaped buffer around the perimeter of the property. This
will provide additional space around the buildings. The layout will create a pedestrian
environment around and within the property with sufficient room between buildings.
Additionally, modifying the stepback requirement would not cause the project to exceed
the density recommendation by the master plan (an allowance of up to 34 units per
acre).
Staff recommends approval of SE202200019, a special exception request to modify the
stepback requirements for buildings in the development, with the following conditions:
1) Development of the use must be in general accord (as determined by the Director of
Planning and the Zoning Administrator) with the application plan titled, "Maplewood
Development, ZMA2021-6" prepared by Collins Engineering, dated April 19, 2021, last
revised March 22, 2022.
2) The stepback requirement is waived for the fourth story of each of the six multi -family
structures as shown on the application plan and identified in the special exception
request and narrative, titled Maplewood Special Exception Application Narrative,
SE2022-00019," dated March 17, 2022.