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Home My WebLink AboutSE202200043 Staff Report 2023-03-15V County of Albemarle COMMUNITY DEVELOPMENT DEPARTMENT To: Albemarle County Board of Supervisors From: Andy Reitelbach, Senior Planner II Date: March 15, 2023 Re: SE202200043 Victorian Heights TMP: 045000000068C2; 045000000068E0 Magisterial District: Rio School Districts: Agnor-Hurt E.S.; Burley M.S.; Albemarle H.S. Zoning: R-15 Residential Summary of Request for Special Exception: 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Telephone: 434-296-5832 WWW.ALBEMARLE.ORG The Applicant requests a special exception to vary the setback and stepback requirements for a project called Victorian Heights, which is on property zoned R-15 Residential. The variations requested include the following: Increase the maximum front setback for three multi -family residential buildings on Berkmar Drive from 25 feet to 38 feet for one building, 54 feet for a second building, and 71 feet for the third building. Waive the requirement that a stepback be provided for each story that begins above 40 feet in height or for each story above the third story, whichever is less, to allow a fourth story be constructed without a stepback. These variations are permitted in the Zoning Ordinance under the following sections: • County Code § 18-4.19.4, which states that the maximum front setback for a non-infill development may be increased by special exception to accommodate low impact design, unique parking or circulation plans, or a unique target market design. • County Code § 18-4.19.5, which states that the minimum 15-foot stepback applies to all buildings on the property and may be reduced by special exception. Staff Recommendation: Staff recommends that the Board adopt the attached Resolution (Attachment F) to approve the special exception request. Attachments: A — Staff Analysis B — Location Map C — Zoning Map D — Applicant Request, dated June 28, 2022 E — Layout Exhibit, dated June 27, 2022; last revised January 9, 2023 F — Resolution ATTACHMENT A STAFF ANALYSIS STAFF PERSON: Andy Reitelbach, Senior Planner II BOARD OF SUPERVISORS: March 15, 2023 PROJECT: SE202200043 Victorian Heights TAX MAP PARCELS: 045000000068C2: 045000000068E0 Staff report for Special Exception SE202200043 to waive the requirement for a stepback of the fourth story of three multi -family residential buildings and to increase the maximum front setback from 25 feet to 38 feet for multi -family buildings, on property located in the R-15 Residential zoning district. Proposal The Applicant requests a special exception to vary the setback and stepback requirements for a project called Victorian Heights, which is located on two parcels of approximately 4.921 acres between Berkmar Drive and Woodburn Road (Attachment B — Location Map). These two parcels are zoned R- 15 Residential (Attachment C — Zoning Map). The applicant is proposing to construct a by -right residential development on this property with 88 dwelling units totql, using the 30% affordable housing bonus density provisions of the Zoning Ordinance. The density of the project would be 17.9 dwelling units per acre, with a mix of single-family attached and multi -family units, including eight affordable units. The variations requested with this special exception include the following: Increase the maximum front setback for three multi -family residential buildings in the proposed Victorian Heights development (SDP2022-00047) on Berkmar Drive from 25 feet to 38 feet for one building, 54 feet for a second building, and 71 feet for the third building. Waive the requirement that a stepback be provided for each story that begins above 40 feet in height or for each story above the third story, whichever is less, to allow a fourth story be constructed without a stepback. The applicant has provided a narrative, provided a detailed request and justification for this special exception (Attachment D), along with an exhibit depicting the proposed site layout (Attachment E). Relevant Code Sections These requested variations are permitted in the Zoning Ordinance under the following sections: • County Code § 18-4.19.4, which states that the maximum front setback for a non-infill development may be increased by special exception to accommodate low impact design, unique parking or circulation plans, or a unique target market design. • County Code § 18-4.19.5, which states that the minimum 15-foot stepback applies to all buildings on the property and may be reduced by special exception. Analysis of Special Exception Request Factors for consideration in a special exception request are described in County Code § 18-33.9(A). This section states that factors, standards, criteria, and findings, however denominated, are to be taken into consideration. The Board of Supervisors does not need to make specific findings in order to approve a special exception. In the absence of applicable special exception factors, staff has evaluated this request based on the intent of the R-15 Residential zoning district and the Neighborhood Model Principles of the Comprehensive Plan. Staff offers the following analysis of the proposed variations against these criteria: County Code §18-18.1 Intent R-15 districts are hereby created and may hereafter be established by amendment to the zoning map to provide a plan implementation zone that: -Provides for compact, high -density residential development; -Permits a variety of housing types; and -Provides incentives for clustering of development and provision of locational, environmental and developmental amenities. R-15 districts may be permitted within the community and urban area locations designated on the comprehensive plan. The requested variations would allow the applicant the flexibility in design to construct a compact, high -density development (17.9 units per acre), with a variety of housing types, including single-family attached and multi -family units. Because the applicant is using the affordable housing bonus density provisions of the ordinance, eight of the units would be designated affordable. In addition, the requested variations would allow a larger contiguous area of open space in the development, with a common alley serving the rears of all units. Increasing the maximum setback allows more considerate grading of the managed steep slopes located on the property. Comprehensive Plan: Development Areas Objective 2 Create a physical environment that supports healthy lifestyles through application of the Neighborhood Model Principles, including the following: Parks, Recreational Amenities, and Open Space The applicant plans to put open space in the area between Berkmar Drive and the multi -family buildings that are proposed to be set back farther than would be allowed without approval of the special exception request. The multi -family buildings will all front on the open space, with rear access from the central alley. A sidewalk will be constructed along the fronts of the buildings, creating a design of amenity -oriented units. This sidewalk will also connect with the asphalt trail proposed to bisect the development, connecting with Woodburn Road. Buildings and Space of Human Scale Stepbacks are usually provided to help provide spaces of human scale for pedestrians walking along the street fronts. With the maximum setback proposed to be increased, the multi -family residential buildings will be set back anywhere from 38 feet to 71 feet from Berkmar Drive, depending on the specific building. With a large area of open space between the buildings and Berkmar, pedestrians will likely not feel confined by taller buildings that are constructed without the required stepback. Waiving the stepback for the fourth story of the buildings will not have a negative impact on the spaces of human scale in the development. Relegated Parking The proposed design of the site allows the applicant to relegate all parking to the center of the property. All garages and driveways, for both the single-family attached units and the multi -family units, will be rear -loading, accessed from a central alleyway. By putting the open space in front of the multi- family units, they become more like amenity -oriented residences, with the parking behind the buildings, away from the Berkmar Drive right-of-way. Increasing the maximum front setback allows this open space to be placed between the Berkmar and the residences, while shifting the parking and alley access into the center of the development to create a more compact circulation plan. Respecting Terrain and Careful Grading and Re -Grading of Terrain There are areas of managed steep slopes along the Berkmar Drive frontage of this property. By increasing the maximum front setback, the multi -family buildings can be shifted farther back away from the street frontage, allowing for more careful grading of these slope areas in compliance with the design requirements of the ordinance. Recommendation Staff recommends that the Board adopt the attached Resolution (Attachment F) to approve the special exception request SE202200043 Victorian Heights to increase the required maximum front setback and to waive the required stepback for a fourth story on the three multi -family buildings. Attachment B - SE2022-00043 Victorian Heights - Location Map y, (Nola: some Hems on map may not appear In legenJ) 45-69B3 45-'"D2' Parce��nk '�:�` ❑Parcels 45-67A R7 45-68D1 45-71 45-66 D5 45-73 45-68f tier 45-74A 45-74 45-76C 45-68G-2 .. asas � as-�s Rd � dbV�.rie • � o N 45-82 a � as -sac vai� Ia�l�a N� //' asA�/C7+.y y y �:j O� ' �` I'•t w�. 45 68 ('1„' a v r. � xb i t3 \ +• _ t. P a ?�� vs 45-112B 376ft °' h vss9�7��8. 4$-112F 45-112 ':; .':� � ' tr rS, FKn. clswen 45%68A cyeasapnooarem iiRAW Ioa4 entiin lMmaps Sary, 45-S6A 7y��7 45-86 45-112G 45-1 L2C o-". - 4581`-O8� hx=' SIM)2WM32 My determination oftopography or mMours,or any JeplNm Mphyslcal Improvement, properly lines or brandishes as for general lnfnfromon only aM shall rot be ifor he design, mMifietion, or onstmoton of Improvements to real property mfm flood plain determination. February 20, 2023 Map elements may stale larger man GIG data treasurM In My, map or as provided on the date Jovmi page Jae M Me projection used. Map Projection: y%Ki web Mercator (Mviliary Sphere) (EPSG 3857) My determination of opography or tumours, or any eeplmon m physical Improyemems, proceli' lines or boundaries Is for general Inmmabon only and shall not be used for Ne design, mMl ceffis , or mrmWNm mmprovemams to reel propMy most bond plain detemtlnation. 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Map ProjectionK SFWI Web Mercator QIUMINry SpMre) (EPSG 3gl COLLINS ENGINEERING Boo F JEFFERsoN CHARLOTTFSVIL E VA 22902 434 293 3719, 434 293 3719 FX www.collins-engincering.com June 28, 2022 Bill Fritz Development Process Manager Department of Community Development 401 McIntire Road, Room 227 Charlottesville, VA 22902 RE: Victorian Heights- REQUEST FOR SPECIAL EXCEPTIONS Maximum Front Yard Exception Request forR-15 Non-Infill Zoning &Exception Request for Relief from the Building Stepback Requirement for Buildings higher than 3 stories Dear Bill Fritz: Please allow this letter to serve as our official request for a special exception for the maximum front yard setback within the R-15 zoning and a special exception request for relief of the Stepback requirements for the multi -family buildings within the Victorian Heights project The following information is a description of the reasons for the special exceptions and how these requests are consistent with the comprehensive plan. The two special exception requests are being proposed for Buildings 1, 2 and 3 within the Victorian Heights Residential Development The special exception requests are in accordance with Chapter 18, Section 4.19 of the Albemarle County Zoning Ordinance. This section of the code allows for an increase of the maximum front setback for a non-infill development to accommodate low impact design, unique parking or circulation plans, or a unique target market design. In addition, this section of the code allows for a reduction of the Stepback requirement for buildings that are over 3 stories in height or taller than 40 feet Project Narrative: This project, which is located between Berkmar Drive and Woodburn Road, is a mixed residential development consistent with the requirements of the R-15 zoning on the property. A total of 88 units are proposed on the 4.514 acre parcel, including 34 townhouse units and 54 multifamily condominium units. Included with the proposed design is the commitment of affordable housing to utilize a 30% bonus density increase on the property. The applicant is proposing to construct 11 for -sale townhouse units on the property, and will receive additional density of 10 market rate units. This bonus density helps achieve the recommended density on the parcel, matching the intent of the comprehensive plan. The project was also developed with a minimum of 25% open space to provide passive and active recreational amenities for the development, and will provide affordable housing to the community. Special Exception request to the Maximum Setback Requirement: A special exception is proposed for the multi -family lot on the property for the (3) multi -family residential buildings. This multi -family development lot fronts on Berkmar Drive, however the majority of the development lot is located adjacent to the proposed open space parcel. Within the open space parcel are the active and passive recreational amenities for the site. These amenities are centrally located to the buildings on the property, with the multi -family buildings fronting on these open spaces. This design allows for a cohesive neighborhood design that creates central open space areas and a pedestrian oriented design, including a sidewalk and trailway network though the property. With the buildings fronting on these amenity areas, the buildings exceed the maximum front yard setback from the right of way. Therefore, the applicant is requesting a special exception to allow the buildings to be located along the open space parcel and setback from the existing street as shown on the site plan. The buildings will be 71', 53.5' and 38' from the right of way along Berkmar Drive. Under the Non-infill Setback requirements within section 4.19 of the Albemarle County Zoning document, a special exception may be granted for the maximum front setback of a lot within the R-15 district to accommodate low impact design, unique parking or circulation plans, or a unique target market design. With this proposed exception request the development is achieving all three of the above justifications for a special exception. First the special exception allows for a better parking and circulation plan with the garages relegated from the street with the proposed alley. Second, the design meets the target market design of the neighborhood and a design principle of the Neighborhood model within the Comprehensive plan for this area with fronting the buildings on the open space amenity areas. Finally, the creation of the open space parcels limits the impact area of the development 1.228 acres of the 4.514 acre development is being used for open space amenities. As illustrated in the final site plan, the proposed special exception for the front yard setback within this proposed development creates a better design for the neighborhood, provides relegated parking within the development, and creates a pedestrian oriented development, all which are design principles of the Neighborhood model within the Comprehensive plan for Albemarle County. Approval of this special exception request for the maximum front yard setback helps achieve a development that is consistent with the comprehensive plan its development principles. Special Exception request to the Required Stepback: The multi -family residential buildings (buildings 1,2 and 3 shown on the final site plan) proposed as four-story structures that include a roof deck access and private amenity areas. These residential buildings are proposed to be built fronting on the shared open spaces located between the buildings and Berkmar Drive. The open space amenity area will provide ample setback areas from Berkmar Drive and will include open space, pedestrian amenities and landscaping that will all complement the massing of the proposed buildings and help create an inviting pedestrian environment The special exception to waive the front stepback requirement will not result in the undesired "canyon' effect along Berkmar Drive, as the buildings will be set back at a generous distance. In addition, the project design allows for sufficient space and light between the buildings to avoid the "Canyon' effect through the use of the open space area as a residential amenity. This design will provide a significant enhancement to the pedestrian experience along Berkmar Drive. As shown in the final site plan, modifying the front stepback requirement is consistent with the recommended land use of the property within the Comprehensive plan. The design creates a pedestrian and amenity -oriented design and helps centrally locate the amenity areas to the proposed residential buildings. In addition, the reduction of the stepback allows for the density within the R-15 zoning to be achieved and the overall density of the development is consistent with the goals of the comprehensive plan for the property, including the provided affordable for -sale housing. Thank you again for the consideration of this special exception requests, and please contact me if you have any questions or require any further information. Sincerely, Scott Collins