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HomeMy WebLinkAboutSDP201600042 Review Comments Appeal to BOS 2022-11-02waters treetstudio July 5, 2016 Ms. Rachel Falkenstein -Planner Albemarle County Community Development 401 McIntire Road Charlottesville, Virginia 22902 RE: Region Ten Women's Shelter Site Plan Special Exception Requests/Justifications Dear Rachel: Please permit this letter to serve as our Special Exception request for following three items associated with the proposed Region Ten Women's Shelter site plan on TMP 76-46F. Section 4.20.a - Reduction of 50' minimum side Yard setback adjacent to a Residential District The applicant wishes to request waiver of the 50' minimum side yard setback adjacent to any Residential District for the portion of the property immediately adjacent to the intersection of Old Lynchburg Road and Old Lynchburg Place. Old Lynchburg Road is a public road right-of-way and Old Lynchburg Place is a private road serving the apartment complex on the neighboring residentially zoned parcel, TMP 76-54A1. Reduction of this minimum setback to 25' allows the proposed building to be situated closer to the intersection of Old Lynchburg Road and Old Lynchburg Place on the best remaining building site of TMP 76-46F and reduces the amount of disturbance of wooded, managed steep slopes at the rear of the building site. Reduction of this minimum setback would not cause any negative impact on the adjacent residential parcel since the "affected" area is a narrow sliver of land between the applicants parcel and the Interstate 64 right-of-way containing the private road, sidewalks, existing steep slopes, and drainage features which limit further development of this portion of the residential parcel. It is our opinion that relief from this setback results in an improved site design. Section 21.7.c - Disturbance of 20' "Buffer' Zone adjacent to Residential District to install site entrance The applicant wishes to request special exception to allow disturbance of the required 20' "buffer"zone adjacent to Residential District. The County code prohibits any construction activity in the "buffer' zone; however, disturbance of this buffer would allow the parking lot entrance to the site to connect directly to the private road, Old Lynchburg Place, which happens to reside in an access easement within the 20'"buffer. It is not likely that VDOT would permit a new entrance onto Old Lynchburg Road in such close proximity to the intersection with Old Lynchburg Place. It is our opinion that the proposed disturbance to the "buffer"in this case results in an improved site design. Section 21.7.c - Disturbance of 20' "Buffer' Zone adjacent to Residential District to install stormwater manaaement facility and landscape screening of parking lot and building The applicant wishes to request special exception to allow disturbance of the required 20' "buffer' zone adjacent to Residential District in order to create a bio-filter for stormwater management in the low point of topography that is formed in the "buffer' area between the proposed parking lot and Old Lynchburg Place. Additionally, granting of this exception will allow for installation of landscaping to screen the bio-filter, parking lot, and building to meet Entrance Corridor guidelines. The "buffer' area that is proposed to be disturbed is immediately adjacent to the private road/sidewalk serving the neighboring apartments. It is developed in nature, consisting of turf and a scattering of a few very small trees. It is our opinion that the existing ni 3'd street se cl,arlottesvilie, ,v•rgirua 22902 434-295-8177 t waterstreetstudio.ne: landscaping in the "buffer' in this area does not meet the minimum requirements and that granting of this exception would allow minimal screening requirements to be satisfied, resulting in an improved site design. The applicant wishes for each of these requests to be considered independently so that each one or all may be granted if deemed appropriate. Sincerely, Alan Franklin, PE Cc: Christy Depew; Kathy Williams ill 3'd street se - . .. - virgmia 22902 434.295.8177 t waterstreetstumo.net STAFF PERSON: BOARD OF SUPERVISORS: Attachment C Rachel Falkenstein December 14, 2016 Staff analysis of the special exception requests to modify setback and waive buffer zone requirements Both special exception requests have been reviewed for zoning and planning aspects of the applicable regulations. Special exceptions are considered by the Board under County Code §§ 18-33.5 and 18-33.9. In acting upon a special exception, the Board shall consider the factors, standards, criteria, and findings however denominated in the applicable sections of the Zoning Ordinance. Staff analysis of the Applicant's request for special exceptions to modify the requirements of County Code § 18-4.20(a) and to waive the requirements of County Code § 18-21.7(c), is provided below. Special Exception #1— To modify the 50 foot minimum requirement for a side yard setback adjacent to a residential district as provided for in Chapter 18 Section 4.20(a) If the abutting lot is zoned residential no portion of any structure, excluding signs, shall be located closer than 50 feet from the district boundary. The minimum side setback for a new building within the CO Commercial Office zoning district abutting a lot zoned residential is 50 feet from the district boundary. Section 18-4.20(a)(3) allows this setback to be reduced by special exception. The applicant requests to reduce this minimum setback to 25 feet to allow for the construction of a building adjacent to the R-15 Residential zoning district. The applicant proposes to reduce the setback to 25 feet from the adjacent parcel TMP 76-54A1 which is zoned R-15 and contains Cavalier Crossing apartments. The proposed building will be located at the comer of Old Lynchburg Road and Old Lynchburg Place, a private drive providing access to the Cavalier Crossing apartments. The apartments are set back several hundred feet from Old Lynchburg Road and are located to the rear (east) of the Region Ten parcel. The proposed building would be adjacent to a narrow strip of TMP 76-54A1 on the north side of Old Lynchburg Place that is constrained by steep slopes and a stormwater management facility. Due to its narrow size and the presence of slopes and drainage facilities, it is unlikely that this portion of the adjacent parcel will be developed residentially. The applicant proposes for a small corner of the Women's Treatment Center to encroach into the 50 foot setback requirement. By locating the facility close to the comer of Old Lynchburg Road and Old Lynchburg Place, the applicant is able to avoid disturbance to existing woods and managed steep slopes at the rear of the building site. It is staffs opinion that the proposed 25 foot setback is appropriate for this site since there are no existing residences on the portion of the parcel adjacent to the proposed building and this area is not likely to be developed residentially in the future. Additionally, the applicant is proposing landscaping and street trees along Old Lynchburg Place to help screen the proposed building. Special Exception # 2 - To waive the 20 foot undisturbed buffer requirement as provided for in Chapter 18 Section 21.7(cl Buffer zone adjacent to residential and rural areas districts. No construction activity including grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or rural areas district. Screening shall be provided as required in section 32.7.9. The board of supervisors may waive by special exception the prohibition of construction activity, grading or the clearing of vegetation in the buffer in a particular case upon consideration of whether: (i) the developer or subdivider demonstrates that grading or clearing is necessary or would result in an improved site design; (ii) minimum screening requirements will be satisfied; and (iii) existing landscaping in excess of minimum requirements is substantially restored. The applicant proposes to allow disturbance of the required 20 foot buffer zone adjacent to a residential district in order to install an entrance, a bio-filter and additional landscaping and screening. Currently, the 20 foot buffer zone contains a private street, Old Lynchburg Place, and is mostly cleared except for a few small street trees. The applicant proposes to construct the site entrance off of Old Lynchburg Place, which will require construction within the buffer zone. The applicant also proposes to construct a bio-filter adjacent to the buffer, which will require a small amount of grading and installation of drainage facilities within the buffer zone. Additional street trees and landscaping are also proposed within the buffer to provide screening of the bio-filter and parking area. Staff is of the opinion that disturbance of the 20 foot buffer will result in an improved site design. A site entrance off of Old Lynchburg Place is a more desirable location than an entrance off of Old Lynchburg Road. The area adjacent to the buffer is the most appropriate location for the bio-filter as it is the lowest point on site. The applicant is proposing to install street trees and a row of shrubs within the buffer to meet the minimum screening requirements. The proposed disturbances will result in increased landscaping and screening than currently exist within the buffer. Region Ten Special Exceptions -Zoning Map �s _- 2ioo Legend RES-CREE (Note Some mi on map Trey nal appear In lal I 410 76-55E o ` ar_ 6P-01-OG-4 13976P�01-OG-2 780 76P-0.1-OG-1 13776P=O1�OH710 13576P'09-OH-9 .13376P_01-OH-7 ' 12976P 01`OHS 12576R!0I 0H-4 SI 76P-01-OH-2 122, 117 7��-OH-37\C 1 12076P-01-OD-3 01.OI=10 �O �O. '` 11976Pr07-01-9 %14' 76P-01_AD` 11596ROA-01-7 �yNC 01-01���r3109 GQ'� J� HB�RG-p< 175 195 �76P- 76P-01-01- IIR P6P 76PA1-01-2AU376P- 76P-01AJ-8,� 701 Wq N00 �76P-01-,OB-4.776P-01-OJA 114 ` 11376P=01-OJ-7 � 111�� �110�/ \ 76P-01,-0� J-4 160 ,10876 P`01-0 B-1 10576P-01-OJ-2 76'S4A,1 180 76P-01 -OJ31 376P�1AJ-1 r 6P�706104`1-OA-4 �s4 200 J _ f._� 220 100 6507 �76P-0.1-OA-1 76-46F PA2-O 500 120 240 i MOUNTA,NwGG�RO 100 260 - 76d60;1 I 76-46A r 7654 295 275 J i 211 ft 875 5TH S2 631 ZMA. NA1,00020 STHIST 769 9 D ce�mpNc oet�as Ias c ti sllcmane.vg 76146H A76-54P (43) 291 Map is for Display Purposes Only • Aerial Imagery from Vg Commonweal of Virginia and gtKx Sousa November 15, 2010 RESOLUTION TO APPROVE SPECIAL EXCEPTIONS FOR SDP 2016-00042 REGION TEN WOMEN'S TREATMENT CENTER WHEREAS, the Owner of Tax Map Parcel Number 07600-00-00-046FO (the "Property") filed a request for two special exceptions in conjunction with SDP201600012, Region Ten Women's Treatment Center, to modify the required 50' setback and to waive the buffer zone requirement, as depicted on the pending plans under review by the County's Department of Community Development. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the executive summary prepared in conjunction with the application, and its supporting analysis included as Attachment C thereto, the Applicant's special exception request dated July 5, 2016 and Major Site Plan Amendment entitled "Region Ten Women's Shelter" prepared by Alan Franklin, P.E. and dated July 5, 2016, and all of the factors relevant to the special exceptions in Albemarle County Code §§ 18-4.20, 18-21.7, 18-33.5, and 18-33.9, the Albemarle County Board of Supervisors hereby approves the special exceptions to modify the required 50' setback and to waive the buffer zone requirement for the development of the Property, 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 Nay Mr. Dill Ms. Mallek Ms. McKee) Ms. Palmer Mr. Randolph Mr. Sheffield SDP 2016-00042, Region Ten Women's Treatment Center Special Exception Condition 1. The minimum setback between the proposed building and the north-western strip of the adjacent property, Tax Map Parcel 07600-00-00-054A1, shall be 25 feet; and 2. The disturbance of the required 20 foot buffer zone adjacent to Tax Map Parcel 07600-00-00-046A0 and Tax Map Parcel 07600-00-00-054A1 shall be for the purpose of installing an entrance off of Old Lynchburg Place, a bio-filter for stonnwater management in the low point of the topography between the proposed parking lot and Old Lynchburg Place, and additional landscaping and screening that meet the minimum screening requirements and the Entrance Corridor guidelines to screen the biofilter, parking lot, and building.