The URL can be used to link to this page

Home My WebLink AboutSDP201400006 Request of Modification, Variance, Waiver 2019-09-11 eg A COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,North Wing Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 September 11,2019 Steve Edwards-Edwards designStudio 4836 Old Boonsboro Road,Lynchburg,VA 24503 Steve@edwardsdesignstudio.com/(434)-531-7507 RE: Approval Letter/Request for Variation to"Landscaping Along Streets"Requirements — Willow Glen Major Site Plan Amendment(SDP201900017) Mr. Edwards: I have received your request for an administrative variation to the"Landscaping Along Streets" requirements contained in County Code § 18.32.7.9.5.d("Location and spacing of street trees"),and have reviewed this request to locate street trees outside of the designated right of way and within landscaping easements in consultation with other staff in the Community Development Department. After our review of the"Willow Glen Phase 2 Landscape Easements"exhibit(dated August 29,2019 and prepared by Edwards designStudio)as well as the corresponding"Special Exception Request" document(dated August 28,2019 and prepared by Steve W. Edwards),I find that the proposed variation would substantially satisfy the overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement in section 32.7. Specifically, such a variation would allow for the siting of a minimum of ten(10) street trees that are required per County Code § 18.32.7.9.5 ("Landscaping Along Streets")in locations that would not conflict with planned utilities and which would still help satisfy the following purposes of the Zoning Ordinance and the desired effects of the requirements of County Code § 18.32.7: • § 18.1.4 ZONING ORDINANCE-PURPOSES: The purposes of this chapter are to promote the public health, safety, convenience, and welfare and to accomplish the objectives of Virginia Code §§ 15.2-2200 and 15.2-2283.To these ends,this chapter is intended to: C. Facilitate creating a convenient, attractive and harmonious community; • § 18.32.7.9.1 LANDSCAPING AND SCREENING-PURPOSES: The purposes for requiring landscaping and screening as part of a development are to: b. Promote the public health, safety and welfare; c. Conserve energy by providing shade and wind breaks; e. Improve air quality; Page 1 of 2 Accordingly, I approve this request in this individual case pursuant to County Code § 18.32.3.5 with the following conditions: 1. A minimum of ten(10)street trees must be planted within the landscape easement(s)in Block 4, in general accord with the proposed landscaping shown on the"Willow Glen Phase 2 Landscape Easements"exhibit(dated August 29,2019 and prepared by Edwards design Studio). 2. The landscape easement(s)must have a minimum width of five(5) feet, in general accord with the proposed landscaping shown on the"Willow Glen Phase 2 Landscape Easements"exhibit (dated August 29,2019 and prepared by Edwards design Studio). 3. The proposed landscape easement(s)to accommodate the required street trees outside of the right of way(ROW)must be shown on the corresponding final plat(SUB201900132), and a note must be included as follows(or similar): "The purpose of this landscape easement is to provide a location outside of the right way for the installation and perpetual maintenance of street trees, in order to satisfy the "landscaping along streets"requirements contained in Zoning Ordinance Section 32.7.9.5. The location of the required street trees within this landscape easement is permissible per a variation approved with conditions by the Agent, pursuant to Zoning Ordinance Section 32.3.5, on September 11, 2019." 4. The proposed street trees to be located outside the right of way and within one or more landscaping easements must be shown on the corresponding major site plan amendment (SDP201900017)and on the road plans(SUB201400115). These street trees should be identified by a note(or other convention)which includes reference to the deed book and page number of the recorded final plat on which the landscape easement(s) are shown. 5. Prior to approval of the final plat(SUB201900132)or the major site plan amendment (SDP201900017),the developer must submit to the agent a maintenance agreement instrument that assures the Willow Glen property owners association's access to and perpetual maintenance of the street trees located outside of the ROW and within the landscaping easement(s), as specified in County Code § 18.32.7.9.9. The instrument shall be subject to review and approval by the County Attorney and shall be in a form and style so that it may be recorded in the office of the Clerk of the Circuit Court of the County. 6. Prior to approval of the major site plan amendment(SDP201900017), the developer must enter into an agreement with the county to complete the installation of the street trees located outside of the ROW and within the landscaping easement(s)within a period of time agreed to by the parties, and shall provide a surety to guarantee the completion of the improvements,as specified in County Code § 18.32.8.2. Specifically, the street trees located outside of the ROW and within the landscaping easement(s)must be bonded as part of the bonds associated with the road plans (SUB201400115). (Please reference condition 4) If you have any questions or requests for assistance,please feel free to contact me at(434)-296-5832 x 3088 or tpadalino(a albemarle.org. Thank you. Sincerely, -r,t,;,,,,u,(;(414.1 - ago Tim Pada 0o, AICP Senior Planner I Community Development Department I County of Albemarle Page 2 of 2 uetiyiiStudio Landscape Architecture and Site Planning 28 August 2019 Mr. Tim Padalino, Senior Planner Albemarle County Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 RE: Willow Glen: Administrative Landscape Special Exception Request to SDP201900017 Dear Tim: This formal request is in response to your August 5th comment#16. Pursuant to Section 32.3.5b in the Albemarle County Zoning Ordinance, we respectfully request permission to locate several of the required street trees outside the designated right-of-way. These few instances occur on both the public and private streets within the Willow Glen (Phase 2 portion)development. Included are exhibits illustrating these easement areas which extend five (5)feet behind the designated right-of-way onto the individual lots. These easements will also be reiterated on the easement plat and site plans being submitted. The purpose for this request is due to apparent conflicts with the necessary utilities and their associated easements, sidewalks, and required sight distance clearances imposed by VDOT. By making this request, it is our understanding that this is not a special exception; therefore, it doesn't require the BOS approval-only yours as the Agent. Comment 16A states additional trees are required along Tradeau Court between lots 4.1-4.25. We feel the area between lots 4.1-4.6 are satisfied and can remain as shown. The street frontage measures 107'. Divided by 50 requires two (2)trees. These are shown on either side of the street parking. Between lots 4.7-4.25 the street frontage measures 432'. Divided by 50 requires nine (9)trees. Fifteen (15)trees have been shown of which (10)are located within the proposed landscape easement shown. That provides an additional six (6)trees. We feel the above now satisfies the concern along lots 4.1-4.25. Comment 16B states additional trees are required along the northeast side of Heathrow Glen Circle between lots 6.1-6.12. The street frontage in this area measures 375'. Divided by 50 requires seven and half(7.5)trees. We have shown six (6). The remaining trees we feel can be displaced and included/counted within the inside portion of the Heathrow Glen Circle. Since this section doesn't include any lots but only open space, we feel there is no requirement for street trees. Just along the outside section in front of lots 8.1-8.10. However, in order to achieve continuity and a human scale along the street we have shown six (6)trees. We feel these should account for something and be accepted as an alternative location within the right-of-way where street trees can't be planted directly along Heathrow Glen Circle due to the above mentioned conflicts. Furthermore, on the east side of Block 6, along the inside edge of Heathrow Glen Circle between lots 6.13-6.24, there is 344'of street frontage. Divided by 50 requires seven (7)trees. We have shown seven (7)to satisfy this section. Again, between this section and the section along lots 6.1- 6.12, there are an additional six (6)trees which should be considered extra and used to satisfy situations where we fall short. 4936 Old Boonsboro Road • Lynchburg, Virginia • 24503 •tele: 434.531.7507 email: steve@edwardsdesignstudio.com 1 of 2 t•I*04•1 designStudio Landscape Architedure and Site Planning In considering the above, it's also worth noting, there are some non-negotiable conditions by the utility providers. For instance, Dominion Power requires direct access to their services and distribution boxes from the street. Charlottesville Gas requires the same. This is necessary to provide immediate and a safe repair environment for their crews.As for Comcast and CenturyLink, they typically follow Dominion Power and are located in the same trenches; therefore they are also located in these areas. Fortunately, the above providers are somewhat flexible towards landscaping-where they allow trees and shrubs to occur within their easements; despite requiring agreements with the developer. VDOT is also somewhat flexible provided sight distances aren't impacted. However, Albemarle County Service Authority is less willing to allow street trees in their easement; hence, that is why we haven't opted to remove parking in front of lots 4.1-4.25 to allow for additional parking islands and within any development it seems to always be wise to have more parking available. The fact remains even though the easements aren't shown they still exist within the private road right-of-way. Additionally, it's also worth pointing out the enormous effort given to adding additional plants to the project that certainly exceed minimum standards for required plantings. We aren't trying to lessen the need for street trees but we do want credit for the effort we have given in other regards to make Willow Glen a vibrant community while trying our best to meet all the requirements. Through this effort, we hope Willow Glen will blend as well as buffer itself to the surrounding area and make the residents thoroughly appreciate the uniqueness of Willow Glen from other developments in the area. In closing, placing these trees as shown is the best we can possibly do and still satisfy not only the County but the Service Authority, VDOT and the other utility parties. What is being shown has been revised from our previous submittal and we have additionally made efforts to shift water meters and sewer laterals (and their respective easements)wherever possible to allow for additional trees along the streets. We hope with your familiarly and our recent discussions this request makes sense where you can justify supporting it quickly. If you have any questions please do not hesitate to call. I can be reached at 434-531-7507. Sincerely, tt cc: Lori Schweller, Anne Yost attachments 4936 Old Boonsboro Road • Lynchburg, Virginia • 24503 •tele: 434.531.7507 email: steve@edwardsdesignstudio.com 2 of 2 Iad" ..ash,� •'1.,,, A Pk ��Gs x''A *, IP 0 I i II, IMP 32-49H \ LOT LOT LOT LOT LOT LOT \ 4.1 4.2 4.3 4.4 4.5 4.6 , ! \\1411 441, LOT Sill is - _rii 11010 LOT \- Al . �mLiii.l�lM—. •�m.� I LOT \ 0 )� MIH — 7�v _ �_ OR/ 4.9 LOT V �' 4. r . \ ••1 41) U U ��I' Ip•r LOT itis . •141110,A 4.12 lir,-,.W W ,-/...� 'llillr�i494 TRUE): AU COUR / �III�eI � LOT 1lAt • 1` �,0 $ 1�111��II��.� LOT LOT ili: Or) • 7 1 . _) — .\ � — / � ��` 11i111'1r 4.14 IOT 880��,�•. F • aI ♦ ill, ,s 8 7 I. 1_�� ♦ 11:,...,,, , ` I LOT \ /_ •As PFQit• -lv I � �� F 1 cA 4, 1111:11,, I I 4.17 Ill��r •� ! __ ; ,� lily •_ LOT =� �7 . 7 ' . / ` � IIIIl1i/. . 4.18 ";7 LOT LOT LOT LOT O ,/ ♦ N l \ 1hIpI / I /// 2.21 2.20 2.19 2.18 O• LOT / g * / , , ' ! III . M! 2.17 LOT / / 1411h1/4IIIiui 2.16 � / LOT (I/ ''A"I • r, . 2.14 ris \ i_, • — LOT i ► '_ .,_. \ • • . _ - Z 0 , eta i ft NOTE: 1. UTILITY ALIGNMENT IS SHOWN FOR GRAPHICAL PURPOSES,ACTUAL LOCATION IS IN THE GENERAL AREA 2. HATCHED AREA INDICATES 5'LANDSCAPE EASEMENT OVER PRIVATE LOTS. WILLOW GLEN PHASE 2 ta>,4114.1 LANDSCAPE EASEMENTS designStudio 1/ Landscape FLchdedure and Site Planrvng 0 10' 20' 40' telel 434.531 .7507 date: 8/29/19 sheets: 1/3 edwardsdesignstudio.com 9,li ,��i�� LOT 4111r4t41-14W— � a—,�,t•�. �� t - VeNV 11�' IV11 4.14 4 4 �\1 ►� . sv • IIII,'�i J. 1LOT �0� � "itik ♦ ,Ii\ `V,�illiks, •I41�Ijl��,,! �' LOT Ir � 1s. (ft.111‘- \ 'lip�� 410 1.17 4.18 � '� ♦ilk, ly ij i 114il,, #Ili . w, 18 `, ) IIII � LOT ,; �' 111**‘ 7 IIII, u I„„,.,, lik Sill _!S N.,04wiip �l' 'I� LOT LOT LOT LOT LOT LOT LOT s.�D ��! lik 0111) Pt P/ 'e/ III'+'I "�4144111.44 �� liar `� gs C � I,hlillp� T �" 'Lai--- _ — — � i 4� 'i N. �-Imo►\ ��L iiiili �Y1l. 1 fie) � -- - - �I ,, :, ... . 3:' S ,�V II��Auu \`�i`♦g,,iiimilivim,♦,�► ,„„v„„„,►,..vi �i,m,,r.1a\\\,„„1i\�\\\N\ ,,,,1■ Ali, • ' 1�� 41(--. ---, _-' 10f, dik __WOO �! --.-- I � - ♦ ♦ �� —--ice-- / „.......,,,, 4,„..._ kati L L , LOT 41 a I h.-. / / — — G — G — G . - - G � •1 I1��4 '�� W ,IV IW v ,V.- fi. LOT ----, �. O • S, / '��' 2.11 _ �� `S `S sn ^u�&I�IMnO\ v'#\!L �'lug►�r�1wL�i �w ,II� T. l lima �r�Ewa orse ,&E sra tAi arr of .r �.y �.v(� �.�. .. �� 0 �: OVO�O�OOOOli�11. ► ►� ►��3��M�d+i►�D�AWE.i►�,D' tr r�w trI A s►�.,I 47.01 0 k 2.10 milk§ 40, 2O9 I IV* h ! 1 i I _ _,,, , LOT LOT LOT LOT LOT LOT LOT LOT LOT LOT LOT LOT LOT I� �� /�� 3.1 3.2 3.3 3.4 3.5 3.8 3.7 3.8 3.8 3.10 3.11 3.12 3.13 LOT <A I I it 2.8 1 I I - NOTE: 1. UTILITY ALIGNMENT IS SHOWN FOR GRAPHICAL PURPOSES,ACTUAL LOCATION IS IN THE GENERAL AREA 2. HATCHED AREA INDICATES 5'LANDSCAPE EASEMENT OVER PRIVATE LOTS. WILLOW GLEN PHASE 2JAiLD LANDSCAPE EASEMENTS designStudio a ••••=1-- Landscape 4chitedure and Srte Planrrng 0 10' 20' 40' telel 434.531 .7507 date: 8/29/19 sheets: 2/3 edwardsdesignstudio.com III LOT LOT LOT LOT LOT LOT LOT LOT LOT LOT LOT LOT 12 II IL__'r `I 6.1 6.2 6.3 6.4 8.5 6.6 6.7 6.8 fig 6.10 6.11 ' ; ` I I � 0 _ _ �� _ H f 1 I �I�rel ■ rIT en,1 I _ 11 1 ' — ,: 1re, - 1 li • � t� a FW.., Vaneml ire, 1 _ It Olt _ _ i — 1�� --•- illirell. _ ..e , 1 I n 1 t I -----_____:4 ' a I Pi to . 1 _ ___.---,--, ___. - TJ) L± ,___ _ . . ..„. ,,, • ..2.,...„, ........ G . L21. GHT DISTANCE _ ., -' —\III \II �+� `' ✓ - - - G G G — G — G — I�G G — G u_�._ — G — G — G — — G. ' G G — 2&, DISTAHFCE \pJ-. _ V7 HE'THROW GLEItC1RCLE- - - - - W A iiiligil W W W N - .._ ITV W ---- W - A 1110 iii= :2 4-± - i - -ii:tEnm- - :ft:,-+-iiAii - -lei — L:i - -.1 -ilim,-;-='-i - ' S i r S S S 1 �711r' we _ 110 I I;. b Jo I • I LOT 7.14 — LI - - L LOT I L — i L — i L — i L _ 11 _ LOT LOT LOT LOT LOT LOT LOT 7.7 7.8 7.9 7.10 7.11 7.12 NOTE: 1 UTILITY ALIGNMENT IS SHOWN FOR GRAPHICAL PURPOSES,ACTUAL LOCATION IS IN THE GENERAL AREA. WILLOW GLEN PHASE 2JAr� LANDSCAPE EASEMENTS designStudio �� 'l Landscape Architecture and Site Planning —/ 0 10' 20' 40' telel 434.531 .7507 edwardsdesignstudio.com date: 8/29/19 sheets: 3/3