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County of Albemarle
Department of Community Development
To: Albemarle County Board of Supervisors
From: Megan Nedostup, AICP, Development Process Manager
Date: January 6, 2021
Item: SE202000009 Southwood Phase 1: Request for Special Exception to vary the Code of
Development of ZMA201800003, Southwood Phase 1, for changes to the garage setbacks in
Blocks 5-8 and rear setbacks in Blocks 6-8.
Tax Map Parcels: 09000-00-00-001AO
Magisterial District: Scottsville
School Districts: Cale E.S; Burley M.S.; Monticello H.S.
Zoning District: Neighborhood Model District (ZMA201800003)
Summary of Request for Special Exception:
The applicant is requesting minor changes to the Code of Development (COD) for Southwood
Phase 1. This is variation request #1 for this development. Specifically, the applicant is
proposing the following changes:
• To allow front loaded garages with a setback from either the face of the unit or the porch
in Blocks 5-8.
• To reduce the rear setback from 5' to 0' in Blocks 6-8 where the lots are adjacent to
greenspace/open space or the trail buffer.
Staff recommends approval of the special exception request. Please see Attachment B for
staff's full analysis.
Staff Recommendation:
Staff recommends that the Board adopt the attached Resolution (Attachment C) to approve the
special exception request, subject to the condition contained therein.
Attachments:
A — Applicant's request dated December 4, 2020
B — Staff Analysis
C — Resolution
July 24, 2020 1 1ST REVISION October 13, 2020 1 2ND REVISION November 4, 2020, edited December 4, 2020
July 24, 2020 1 1ST REVISION October 13, 2020 1 2ND REVISION November 4, 2020, edited December 4, 2020
Southwood ZMA 2018-003
Dear Megan:
Please accept this request for the following variations to ZMA 2018-003 Southwood Phase 1 Neighborhood Model
District Code of Development. Below, you will find the provision of the code, a description of the approved standard,
and the reason(s) for the requested variation.
Variations to Building Regulations Table 5 page 13
1. Garage Setback regulations in Table 5 on Dade 13 of Code of Development for ZMA 2018-003 Southwood Phase
1 Neighborhood Model District: As approved, the Code of Development provides Garage Setbacks from framework
streets in compliance with Zoning Ordinance 4.19 in blocks 3 - 4 and does not allow framework -street -facing garages
in any other block (see attachment 1 for the original version of Table 5 as approved). This application seeks a
variation to allow framework -street -facing garages in compliance with 4.19 for blocks 5 - 8 in addition to blocks 3 -
4 (see attachments 2A for a map of the area affected by this request). The rezoning originally intended to allow
framework -street -facing garages in blocks 3 - 8 and the prohibition of font -load garages for blocks 5 - 8 was an
oversight. To allow framework -street -facing, front -load garages would bring blocks 5 - 8 in alignment and equal to
the adjacent blocks 3 and 4, as originally intended. Further, to allow framework -street -facing garages in blocks 5 - 8
will allow the following design goals to be fulfilled and enhanced (please see attachment 2B for an example of each):
- In blocks 6 - 8. lots are shallow and narrow and back to the green space, preserved slopes, and/or stream
buffer of blocks 1 and 2. Front -load garages in these areas will allow units to satisfy parking requirements
while providing some yard space by reducing surface parking area. Alley access, which would be required
for rear -load garages in blocks 6 - 8, would be detrimental to the green space and trail buffer, again making
framework street -facing, front -load garages a preferred option for these lots.
- In block 5, lots back to the recreational amenity space. A central tenant of the resident design is that
residential units create a sense of protection and enclosure around the recreational amenity. Alleys and
surface parking structures required to comply with a relegated parking scheme would contradict the
residents' goal of providing back doors with direct access to a safe, vehicle -free play area.
In addition to the garage setback requests in blocks 5 - 8, we have clarified the garage setback language from
blocks 9 - 12 of Table 5 of the COD which originally stated: "Framework street facing garage openings and/or
garage doors are not allowed in this block. All garage access must be side loaded or relegated to the rear of the
building" to instead read: "Framework street facing garage openings and/or garage doors are not allowed in this
block - all garage access must be side loaded, relegated to the rear of the building, or accessed from a non -
framework street or alley." This change is simply intended to clarify the original meaning: that a front -load garage is
determined to be such only in relation to a framework street, not in relation to non -framework streets or alleys. This
change has been highlighted in attachment 4.
We have also clarified the language in Note C of Table 5 of the COD which originally stated: "The wall plane of all
street facing garages must be set back a minimum distance of three feed (3') from the primary streetfacing building
fagade" to instead read: "The wall plane of all street facing garages must be set back a minimum distance of three
feet (3') from the primary street facing building fagade or from the front porch." This change has been highlighted in
attachment 4.
2. Rear Setbacks for Blocks 6 - 8 in Table 5 on page 13 of the Code of Development: As approved, the Code of
Development provides a minimum rear setback in blocks 6 - 8 of 5 feet (see attachment 1 for the original version of
Table 5 as approved). This application seeks a variation to allow no minimum rear setback in blocks 6 - 8 (see
attachment 3A for a map of the area affected by this request). This will bring the rear setback for blocks 6 - 8 in
alignment with adjacent blocks 3 and 4 and will allow the opportunity to maximize buildable area in lots that typically
backup to the stream buffer, flood plain, or preserved slopes. As lots are not allowed within the stream buffer, flood
plain, or preserved slopes, these areas will be protected and any grading within a residential lot will not be allowed to
disturb these environmental features. Please see attachment 3B for an example of lots and proposed setback
request for blocks 6 - 8.
Please find attachment 4 for an example of final modifications to Table 5 of page 13 of the Code of Development for
ZMA 2018-003 should requests 1 and 2 be granted.
Thank you, Whitney McDermott I architect AIA I wmcdermott@brwarchitects.com
July 24, 2020 1 1ST REVISION October 13, 2020 1 2ND REVISION November 4, 2020, edited December 4, 2020
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ATTACHMENT 1: ORIGINAL TABLE 5 FROM APPROVED CODE OF DEVELOPMENT
formerly ATTACHMENT 1A
ATTACHEMENT 1A: ORIGINAL TABLE S FROM APPROVED CODE OF DEVELOPMENT
SOUTHWOOD PHASE I -A NEIGHBORHOOD MODEL DISTRICT -CODE OF DEVELOPMENT JULY 8, 2019 REV. JULY 29, 2019
6.0 BUILT FORM REQUIREMENTS BY BLOCK
TABLE 5: SMACK + BUILDING REGULATIONS BY BLOCK
REQUIREMENT
BLOCKS 3 - 4
BLOCKS
BLOCKS 6 - 9
GHBORHOOD CENTER SPECIAL
AREA
115' measured on both sides horn
Hickory Street right-of-way
BURDING HEIGHT
MIN
NO MIN
NO MIN
NO MIN
2 STORIES
2 STORIES
MAX
3STORIES OR 35
3STORIES OR 40
3SMMBOR45'
4SI'ORIES OR 45'
4STORIES OR 50'
FRONT SETBACK
FRONTS SHALL ORIENT TOWARDS HICKORY
MIN
5'
5'
5'
5
Ib
MAX
25'
25'
25'
I ,A
28"
STEPBACKn
Mgt
NA
NA
15' a
15' a
15' e
ATBUILDWGHEIGHTOF
40'
40'
3STORIES OR 45
SIDE SETBACK
MIN
3'
3'
5'
5
NO MIN
MAX
NO MAX
NO MAX
NO MAX
NO MAX
NO MAX
REAR SETBACK
MIN
NO MIN
5'
5'
5
NO MIN
MAX
NO MAX
NO MAX
NO MAX
NO MAX
NO MAX
TRAIL BUFFER SETBACK a
MIN
NA
NA
BLOCK56-8'NA
29MW
aMIN
MAX
9LOCKS9:29MIWNOMAX
NOMAX
NOMAX
GARAGE SETBACKS
FRONTACCBSMRV/MAX
TO COMPLY WITH 419C/NO MAX
FRAMEWORK STREET FACING GARAGE OPENINGS AND/OR GARAGE DOORS ARE NOT ALLOWED W THESE BLOCKS. ALL GARAGE ACCESS MAST BE SIDE LOADED OR RELEGATED TO THE REAR
OF THE BMERNG.
MAX PORCH AND DECK
4'
4'
4'
4'
9'
ENCROACHMENT
MAX RAW AND OVERHANG
2'
2'
3'
3'
T
ENCROACHMENT
SINGLE BURDING FOOTPRINT
3,000 5E
3,000 SF
10,000 SF
20,0005E
20,000 SF
MAX NON-RESIDENTIAL
STREET FACING BURDING LENGTH
NO MIN
NO MIN
NO MIN
NO MIN
50'
MIN
200'
200'
200'
lob
275'
MAX
10'
10
10'
10'
19
MIN AIR PASSAGE WIDTH
A Up to an additional 22' of front setback may he provided for non-residential and mixed -use buildings for use as a front patio or courtyard and shall not exceed 25% of the length of the front facade.
B In Block 11, for buildings over two (2) stories adjacent to the hail buffer, parking and or drive aisles shall be between the building and the bail buffer.
_+C The wall plane of all street facing garages must be set back a minimum distance of three feet (T) tom the primary street facing building facade
D A stepback is not requked for buildings with a heat setback of at least 15
E Stepbacks apply to non-residential and multifamily residential buildings only.
F Coops, other agricultural use structures, and other accessory buildings except for Flexible Use Structures and Accessory Apartments must meet accessory structure setbacks (4.11_2).
G Flexible Use Structures as defined in the Code of Development have the same minimum setbacks as the principal buildings With which they share a lot except for rear and side setbacks, which shall be a minimum of T
Page 13 of 21
3/5/20201:33 PM
July 24, 2020 1 1ST REVISION October 13, 2020 1 2ND REVISION November 4, 2020, edited December 4, 2020
ATTACHMENT 2A: AREA AFFECTED BY REQUESTED VARIATION
formerly ATTACHMENT 18
mly TRAIL BUFFER
FRONT -LOAD GARAGES REQUESTED
TO BE ALLOWED BLOCKS 5,6,7,& 8
PER COD AS APPROVED, FRONT -LOAD
GARAGES ALLOWED IN BLOCKS 3,4
IBA
R�K 10
h
BLOCK9 BSL!�CK 11
P
OLD LYNCHBURG ROAD
EzkBng Southwood Community
no rezoning at this time
BLOC! 12
July 24, 2020 1 1ST REVISION October 13, 2020 1 2ND REVISION November 4, 2020, edited December 4, 2020
ATTACHMENT 2B: FRONT -LOAD GARAGE SCENARIOS
FRONT -LOAD GARAGE SCENARIOS
trai/buffer or green
/ block 4 sim. blocks 6 & 7sim.
front -load gaffe a/lowed er CODras a roved_ 1 f_ranRfoad - - e requested bl ks 5-8
framework street
` root_ 00 garage request ocres
\ BLOCK 5
recreational facility or green space
DIAGRAM LEGEND
P r�
FRONT -LOAD GARAGE
❑� RESIDENTIAL UNIT
GRAPHIC SCALE
0 40'- 80'-0. 120'-
0. 0.
July 24, 2020 1 1ST REVISION October 13, 2020 1 2ND REVISION November 4, 2020, edited December 4, 2020
ATTACHMENT 3A: AREA AFFECTED BY REQUESTED VARIATION
formerly ATTACHMENT 28
��•
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• BnO�fK]
PRE$ERVEDSLOPF$
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/,'
TRAIL BUFFER
"NO MINIMUM" REAR SETBACK REQUESTED TO
BE ALLOWED BLOCKS 6,7,&8
PER COD AS APPROVED, "NO MINIMUM" REAR
.
BLOCK 10
SETBACK: ALLOWED IN BLOCKS 3,4
j
/•
\ %
BLOCKS
BIOCKI BLOCK
BLOCKS
rm.c>a
IBIOCKb\
IBLOCKS
1
\BLOCK)
•`
_•1
1
— " — STREAM BUFFER
'`
/^
-----------
FLOODPLAIN
�•
OT�Tffl"Bl
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OLD LYNCHBURG ROAD
BL CKK 9 BLOCK I I
d L
e �
EAOng Southwood Community
no rezoning at this time
BLOCK 12
July 24, 2020 1 1ST REVISION October 13, 2020 1 2ND REVISION November 4, 2020, edited December 4, 2020
ATTACHMENT 3B: "NO MIN." REAR SETBACK SCENARIOS
�T
Tree buffer and green space
BLOCK 3 BLOCK 8 -
black4sim. I blacks 6&7sim.
DIAGRAM LEGEND:
----- --- --- - -------- ------ -
RESIDENTIAL UNIT
EXISTING REAR SETBACK OF
"NO MIN." PER COD AS
REQUESTED REAR SETBACK OF "NO MIN."
APPROVED AND AS
REQUESTED TO REMAIN
EXISTING REAR SETBACK OF 5' PER
COD AS APPROVED
street
EXISTING REAR SETBACK PER COD AS
APPROVED AND AS REQUESTED TO REMAIN
private alley
GRAPHIC SCALE
ILOCK 5 j -
0 40'- 80'-0' 120'-
0. 0'
July 24, 2020 1 1ST REVISION October 13, 2020 1 2ND REVISION November 4, 2020, edited December 4, 2020
ATTACHMENT 4: MODIFICATIONS TO TABLE 5 AS REQUESTED (CHANGES HIGHLIGHTED)
formerly ATTACHMENT 3
6.0 BUILT FORM REQUIREMENTS BY BLOCK
TABLE 5: $ETBACK+ BUILDING REGULATIONS BY BLOCK
REQUIREMENT
NEIGHBORHOOD CENTER SPECIAL AREA
BLOCKS 3-4
BLOCK
BLOCKS 6-9
BLOCKS I0-12
115' measured on both sides fmm Hickory
Street righlof+my
BUILDING HEIGHT
MIN
NO MIN
NOMIN
NO MIN
2STORIES
2STORIES
MAX
3STORIES OR 35'
3STORIES OR 40'
3STORIES OR 45'
4STORIES OR 45
4STORI ES OR 50'
FRONTSETBACK
FRONTS SHALL ORIENT TOWARDS HICKORY
MIN
5'
5'
5'
5'
1U
MAX
25'
25'
25'
IS,A
28'A
STEPBACKD
MIN
NA
NA
15' E
15' E
15' E
AT BUILDING HEIGHT OF
40'
40'
3 STORIES OR M'
SIDESEIBACK
MIN
3'
3'
5'
S'
NO MIN
MAX
NO MAX
NO MAX
NO MAX
NO MAX
NO MAX
REAR SETBACK
MIN
NO MIN
5'
BLOCKS 6 - 8: NO MIN/ NO MAX
5'
NO MIN
MAX
NO MAX
NOMM
BLOCK 9:5 MIN/NO MAX
NO MAX
NO MAX
TRAIL BUFFER SETBACK a
MIN
NA
NA
BLOCKS 6 - 8: NA
20' MIN
U MIN
MAX
BLOCKS 9: 20 MIN/NO MAX
NO MAX
NO MAX
GARAGESETBACK
BLOCKS 6- 8: TO COMPLY WITH 4.190/NO MAX
FRAMEWORKSTREET FACING GARAGE OPENI NES AND/OR GARAGE DOORS ARE NOT ALLOWED IN
FRONT ACCESS MIN/MAX
TOCOMRYWRH4.19C/NOMAX
TO COMPLY WITH 4A9 C/NO MAX
BLOCKS 9: FRAMMORK STREET FACING GARAGE OPENINGS
THESE BLOCKS- ALL GARAGE ACCESS MUST BE SIDE LOADED, RELEGATED TO THE REAR OF THE
AND/OR GARAGE DOORS ME NOT ALLOWED IN THIS BLOCK -ALL
BUILDING, OR ACCESSED FROM A NON -FRAMEWORK STREET OR ALLEY.
GARAGE ACCESS MUST BE SIDE LOADED, RELEGATED TO THE REAR
OF THE BUILDING, OR ACCESSED FROM A NON -FRAMEWORK
STREET OR ALLEY.
MAX PORCH AND DECK ENCROACHMENT
4'
4'
4'
4'
9'
MA% SAVE AND OVERHANG
2-
2'
3'
3'
T
ENCROACHMENT
SINGLE BUILDING FOOTPRINT
3.000 SF
3,000 SF
10.000 SF
20,000 SF
20,000 SF
MAX NON-RESIDENTIAL
STREET FACING BUILDING LENGTH
NO MIN
NOMIN
NO MIN
NO MIN
50'
MIN
200'
200'
200'
200'
275'
MAX
10'
10'
10'
10'
10'
MIN AIR PASSAGE WIDTH
A Up to an additional 22' of from setback may be provided for non-residential and mixed -use buildings for use as a from patio or courtyard and shall not exceed 25%of the length of the front facade.
B In Block 11, for buildings over two (2) stories adjacent W the Vail buffer, parking and or drive aisles shall be between the building and the tail buffer.
C The wall plane of all "at facing garages must be set back a minimum distance of three feet (3') from the primary street facing building facade or from the front porch.
D A stepback is not required for buildings with a front setback of at least 15'.
E Stepbacks apply W non-residential and muRifamily residential buildings only.
F Coops, other agricultural use structures, and other accessory buildings except for Flexible Use Structures and Accessory Apartments must meet accessory structure setbacks (4.11.2).
6 Flexible Use Structures as defined in the Code of Development have the same minimum setbacks as the principal buildings with which they share a lot except for rear and side setbacks, which shall be a minimum of 3'.
ATTACHMENT B — STAFF ANALYSIS
STAFF PERSON: Megan Nedostup, AICP, Development Process Manager
BOARD OF SUPERVISORS: January 6, 2021
Staff analysis of this special exception request to vary from the approved ZMA Code of Development and
Application Plan was conducted pursuant to the following applicable provisions and evaluation criteria
contained in County Code §18-8.5.5.3:
8 PLANNED DEVELOPMENT DISTRICTS - GENERALLY
8.5 PROCEDURES FOR PLANNED DEVELOPMENT APPLICATIONS
8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENTS
a. The director of planning is authorized to grant a variation from the following provisions of an
approved plan, code or standard:
1. Minor changes to yard requirements, build -to lines or ranges, maximum structure heights
and minimum lot sizes;
2. Changes to the arrangement of buildings and uses shown on the plan, provided that
the major elements shown on the plan and their relationships remain the same;
c. The director of planning is authorized to grant a variation upon a determination that the variation:
(1) is consistent with the goals and objectives of the comprehensive plan;
(2) does not increase the approved development density or intensity of development;
(3) does not adversely affect the timing and phasing of development of any other
development in the zoning district;
(4) does not require a special use permit; and
(5) is in general accord with the purpose and intent of the approved application.
Staff Analysis — Request for Special Exception to Vary:
Special Exception request to vary the Code of Development of ZMA201800003, Southwood Phase 1, for
changes to the garage setbacks in Blocks 5-8 and rear setbacks in Blocks 6-8. Variation is per County Code
§18-8.5.5.3(a)(1)(2).
Evaluation criteria per County Code §18-8.5.5.3(c):
(1)
The requested variation is consistent with the goals and objectives in the Comprehensive Plan. The
proposed changes are consistent with the Neighborhood Model District and Neighborhood Model
principles.
Evaluation criteria met. Garages will be setback from the front fagade or porch of the units. The
lots requesting the modification to the rear setback will be located adjacent to open space.
(2)
The requested Variation would not increase the approved development density or intensity of
development.
Evaluation criteria met. The density or intensity of development is not increasing.
(3)
The requested Variation does not adversely affect the timing or phasing of development of any other
development in the zoning district.
Evaluation criteria met. No change in the timing or phasing of development will occur with these
changes.
(4)
The requested Variation does not require a Special Use Permit.
Evaluation criteria met. These changes do not require a special use permit.
(5)
The requested Variation is in general accord with the purpose and intent of the approved application
plan. The proposal will provide additional open space. The total density and non-residential square
footage remain the same. The proposal is consistent with the Neighborhood Model District and
Neighborhood Model principles and provides additional pedestrian connectivity and open space.
Evaluation criteria met.
i
Additional factors for consideration:
A. Please see the application for Variation Request (Attachment A) for the applicant's description and
justification.
Staff Recommendation — Request for Special Exception:
With regards to the findings contained herein, inclusive of the criteria to be considered per County Code §18-
8.5.5.3(c), as well as other additional factors, staff recommends approval of this Special Exception Request,
subject to the following condition:
1. All changes to the Code of Development shall be in accordance with the Front -loaded garage
scenario, the "No min" rear setback scenario, and the revised Table 5 prepared by BRW Architects
entitled "Attachment 2B: Front -load Garage Scenarios"; "Attachment 3B: "No Min." Rear Setback
Scenarios" and "Attachment 4: Modifications to Table 5 as requested (changes highlighted)" last
revised on December 4, 2020.
RESOLUTION TO APPROVE
SE202000009 SOUTHWOOD PHASE I
NOW BE IT RESOLVED that, upon consideration of the Memorandum prepared in conjunction
with the special exception request and the attachments thereto, including staffs supporting analysis, and all
of the factors relevant to the special exception in Albemarle County Code §§ 18-8.5.5.3 and 18-33.49, the
Albemarle County Board of Supervisors hereby approves SE202000009 Southwood Phase I to vary the Code
of Development approved in conjunction with ZMA201800003 Southwood Phase I for changes to the garage
setbacks in Blocks 5-8 and rear setbacks in Blocks 6-8, subject to the condition 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
Ave Nay
Mr. Gallaway
Ms. LaPisto-Kirtley
Ms. Mallek
Ms. McKee)
Ms. Palmer
Ms. Price
SE202000009 Southwood Phase I Condition
1. All changes to the Code of Development shall be in accordance with the Front -loaded garage scenario, the "No
min" rear setback scenario, and the revised Table 5 prepared by BRW Architects entitled "Attachment 2B: Front -
load Garage Scenarios"; "Attachment 3B: "No Min." Rear Setback Scenarios" and "Attachment 4: Modifications
to Table 5 as requested (changes highlighted)" last revised on December 4, 2020.