HomeMy WebLinkAboutSE202200069 Staff Report 2023-03-15V
County of Albemarle
COMMUNITY DEVELOPMENT DEPARTMENT
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone: 434-296-5832
WWW.ALBEMARLE.ORG
To: Albemarle County Board of Supervisors
From: Andy Reitelbach, Senior Planner II
Date: March 15, 2023
Re: SE202200069 Old Trail Blocks 33 and 34 Special Exception Request
TMP: 055E0-01-00-OOOA3
Magisterial District: White Hall
School Districts: Brownsville E.S.; Henley M.S.; Western Albemarle H.S.
Zoning: NMD Neighborhood Model District, in compliance with ZMA2015-00001
Summary of Request for Special Exception:
The Applicant requests a special exception to vary the Code of Development approved in conjunction with
ZMA201500001 to reduce the setbacks in Blocks 33 and 34 of Old Trail as follows:
• Reduce the minimum front, side, and read setbacks from 7.5 feet to 5 feet.
• Reduce the maximum front setback from 30 feet to 25 feet.
No increase in the maximum permitted number of units or density is requested.
This special exception is permitted under County Code § 18-8.5.5.3, which permits minor changes to
Codes of Development for Neighborhood Model Districts. The Applicant requests the special exception to
allow for a variety of housing options while not changing the overall density of the blocks or the permitted
number of units.
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 December 18, 2022
E — Revised Code of Development Table 7, dated January 14, 2016; last revised December 19, 2022
F — Resolution
ATTACHMENT A
STAFF ANALYSIS
STAFF PERSON: Andy Reitelbach, Senior Planner II
BOARD OF SUPERVISORS: March 15, 2023
PROJECT: SE202200069 Old Trail Blocks 33 and 34 Special Exception
Request
TAX MAP PARCELS: 055E0-01-00-OOOA3
Special exception request to vary the Code of Development approved in conjunction with
ZMA201500001.
Proposal
The Applicant requests a special exception to vary the Old Trail Village Code of Development
approved in conjunction with ZMA201500001 to reduce the minimum front, side, and rear
setbacks for Blocks 33 and 34 from 7.5 feet to 5 feet, and to reduce the maximum front setback
for Blocks 33 and 34 from 30 feet to 25 feet. The request would only affect Blocks 33 and 34 in
Table 7 of the Code of Development which provides Minimum and Maximum Setbacks
Regulations. The Applicant requests the reduction in minimum and maximum setbacks to allow
for a variety of housing options while not changing the overall density of the Block or the
permitted number of units. (See Attachments B and C for the Location Map and Zoning Map of
the subject parcel.)
Analysis of Special Exception Request
Under County Code § 18-33.9(A), requests for special exceptions are reviewed under the criteria from
the applicable section(s) of the Zoning Ordinance. No specific findings are required in support of a
decision. Under County Code § 18-8.5.5.3(b), an applicant may request variation(s) from its Code of
Development. Supporting factors are listed in County Code § 18-8.5.5.3(c). The applicant's request
(Attachment D) addresses these findings in detail. Attachment E is the revised page of the Code of
Development showing the proposed changes to Table 7.
Staff offers the following analysis of the proposed variation against these criteria:
(1) Whether the proposed variation would be consistent with the goals and objectives of the
comprehensive plan;
This special exception request is consistent with many of the goals and objectives of the Crozet
Master Plan. Block 33 is partly within the Neighborhood Density Residential and Green Systems
areas of the Crozet Master Plan. The reduction of minimum and maximum setbacks is consistent with
the goals and objectives of providing a variety of housing options and levels of affordability. In
addition, a reduction in the minimum lot size in Block 33, from 8,000 square feet to 4,000 square feet,
was previously approved on February 16, 2022. Reducing the setback requirements allows for more
flexibility of development on the smaller lots that have been approved. The special exception request
has no impact on the buffer along 250 or the Green Systems as shown in the Master Plan.
(2) Whether the proposed variation would increase the approved development density or
intensity of development;
The special exception request is for the reduction of the minimum and maximum setback requirements
and does not affect the permitted number of units or the density or intensity of development in the
Block.
(3) Whether the proposed variation would adversely affect the timing and phasing of
development of any other development in the zoning district;
This special exception would not have any impact on the timing or phasing of any other development in
the zoning district.
(4) Whether the proposed variation would require a special use permit; and
A special use permit would not be required
(5) Whether the proposed variation would be in general accord with the purpose and intent of
the approved application.
The Old Trail Village Code of Development provides a "framework" and "general parameters" for the
development of each block area contained within the Code of Development. The Code of Development
provides that these regulations are not intended as specific regulatory criteria, but are general
parameters allowing for flexibility and creativity when establishing the specific locations of buildings,
lots, and uses within each Block. Based on this information, the proposed special exception is in
general accord with the purpose and intent of the Old Trail Village Application Plan and Code of
Development. The proposed special exception has no impact on the permitted number of units,
density, or uses in the Block and allows for greater flexibility in the design and affordability of single-
family housing options. In addition, minimum front, side, and rear setbacks of 5 feet and a maximum
front setback of 25 feet is more consistent with the majority of the other blocks in Old Trail, allowing for
more consistent parameters of development throughout the project area.
Recommendation
Staff recommends that the Board adopt the attached Resolution (Attachment F) to approve the
special exception request varying the Code of Development for Blocks 33 and 34 of Old Trail to:
1) Reduce the minimum front, side, and rear setbacks from 7.5 feet to 5 feet, and
2) Reduce the maximum front setback from 30 feet to 25 feet.
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WILLIAMS MULLEN
TO: Albemarle County Staff
FROM: Nedostup, Megan
DATE: December 18, 2022
RE: ZMA2015-001 Old Trail Blocks 33 and 34 Special Exception Request- Table 7
Minimum and Maximum Setbacks
Please accept this request for the following variation to ZMA 2015-001 Old Trail Neighborhood Model District's
Code of Development (COD). We are requesting a modification to Table 7 on page 18 of the COD for the
minimum and maximum setbacks for Single Family Attached and Detached unit types for Blocks 33 and 34
(see attached approved Application Plan exhibit). We request that the minimum front, side, and rear setbacks
be reduced from 7.5 feet to 5 feet, and the front maximum setback be reduced from 30 feet to 25 feet to match
the existing pattern of development in similar blocks within Old Trail. The overall density of Old Trail and
maximum number of units permitted in this block will remain unchanged.
Below, you will find the existing and revised table and how this request meets the criteria set in Chapter 18
Section 8.5.5.3 of the Zoning Ordinance for approval of variations to codes of development.
Existing Code of Development:
Table 7: Minimum and Maximum Setbacks
Single Family
Attached and
Non -
Detached
Multi -family
residential
Front
Front
Side
Rear
Front
Front
Side
Rear
Front
Front.
Side
Rear
Blocks
Min
Max.
Min.
Min.
Min.
Max.
Min.
Min.
Min.
Max.
Min.
Min..
5, 6, 7
0
25
0
0
0
25
0
0
0
25
0
0
10, 12,
16,
17,18
5
25
5
5
5
25
0
5
5
25
0
5
19
5
25
5
5
na
na
na
na
na
na
na
na
20 thru
22
1 5
25
5
1 5
5
1 25
1 0
5
1 5
1 25
0
1 5
2425
5
25
5
5
na
na
na
na
5
25
5
5
26, 28,
29
5
25
5
5
5
25
0
5
5
25
0
5
32
5
25
5
5
5
25
0
5
na
na
na
na
30, 31,
33 thru
35
7.5
30
7.5
7.5
na
na
na
na
na
na
na
na
Proposed:
Table 7: Minimum and Maximum Setbacks
Single Family Attached and
Detached
Mufti -Family
Non -Residential
Blocks
Front
Min.
Front
Max.
Side
Min.
Rear
Min.
Front
Min.
Front
Max.
Side
Min.
Rear
Min.
Front
Min.
Front
Max.
Side
Min.
Rear
Min.
5, 6, 7
0
25
0
0
0
0
25
0
0
25
0
0
10, 12,
16, 17,
18
5
25
5
5
5
25
0
5
5
25
0
5
19
5
25
5
5
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
20 thru
22
5
25
5
5
5
25
0
5
5
25
0
5
24,25
5
25
5
5
n/a
n/a
n/a
n/a
5
25
5
5
26, 28,
29
5
25
5
5
5
25
0
5
5
25
0
5
32
5
25
5
5
5
25
0
5
n/a
n/a
n/a
n/a
30, 31,
35
7.5
30
7.5
7.5
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
33,34
5
25
5
5
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Section 8.5.5.3 (code in italics, response following)
(1) is consistent with the goals and objectives of the comprehensive plan;
One of the guiding principles within the most recently adopted Crozet Master Plan includes the
following: ...ensuring that new and infill development is compatible in scale and design and provides
housing choice for all community members...."
The reduction of setbacks in Blocks 33 and 34 will allow a smaller unit type that will provide more
housing choice in Crozet, meeting the guiding principle outline in the Master Plan. This request also
furthers the Growth Management Policy and Objective 4 of the Comprehensive Plan's Development
Areas Chapter: "Use Development Area land efficiently to prevent premature expansion of the
Development Areas" by providing smaller lots to produce the allowable units approved under the Old
Trail code of development. This decrease in setback would match the existing form of development in
Old Trail.
(2) does not increase the approved development density or intensity of development;
As stated above, the overall permitted density for Blocks 33 and 34 and Old Trail NMD will remain
unchanged.
(3) does not adversely affect the timing and phasing of development of any other development in the
zoning district;
The proposed change to the setbacks in these blocks will not adversely affect the timing and phasing
of any other development in the zoning district.
(4) does not require a special use permit; and
This proposed change does not require a special use permit and is permitted under 8.5.5.3(a)(1)
"Minor changes to yard requirements, build -to lines or ranges, maximum structure heights and
minimum lot sizes".
(5) is in general accord with the purpose and intent of the approved application.
This change is in general accord with the purpose and intent of the approved application, as the
number of permitted units will remain unchanged.
Page 2
January 14, 2016
Revised December 19, 2022
Table 6a: Single Family detached Minimum Lot Size Regulations
Blocks
$ uare Feet
5, 7, 12, 16-18, 19-26, 32, 33
4,000
10, 28, 29
5,500
34
3,000
30,31
8,000
35
9,000
Minimum lot size shall be 1,000 square feet for single family attached and
multi -family uses in all permitted blocks.
Notwithstanding the provisions of Table 6a: Single Family Detached Minimum
Lot Size Regulations to the contrary, minimum lot sizes for cluster cottage
units and/ or affordable housing units shall be 1, 000 square feet in all blocks.
The setbacks for single family (attached and detached), multi -family, and non-
residential development shall vary by block according to Table 7. The setbacks
in Table 7 show both the minimum and maximum setbacks and these setbacks
shall also apply to accessory structures. Roof overhangs and eaves shall be
allowed to encroach into the 5 foot building setback line up to 1 foot. There
shall be no minimum setback ( i. e. zero feet) along the side property line at the
point of attachment of two or more single family dwelling units of any type.
Attached garages shall be permitted for single family dwelling units in all
blocks.
Table 7: Minimum and Maximum Setbacks
Single Family Attached and
Detached
Multi -Family
Non -Residential
Blocks
Front
Min.
Front
Max.
Side
Min.
Rear
Min.
Front
Min.
Front
Max.
Side
Min.
Rear
Min.
Front
Min.
Front
Max.
Side
Min.
Rear
Min.
5, 6, 7
0
25
0
0
0
0
25
0
0
25
0
0
10, 12,
16, 17,
18
5
25
5
5
5
25
0
5
5
25
0
5
19
5
25
5
5
1 n a
n a
n a
n a
n a
n a
n a
n a
20 thru
22
5
25
5
5
5
1 25
1 0
5
1 5
1 25
0
1 5
24,25
5
25
5
5
n a
n a
n a
n a
5
25
5
5
26, 28,
29
5
25
5
5
5
25
0
5
5
25
0
5
32
5
25
5
5
5
25
0
5
n a
n a
n a
n a
30, 31,
35
7.5
30
7.5
7.5
n a
n a
n a
n a
n a
n a
n a
n a
33, 34
5
25
5
5
n a
n a
n a
n a
n a
n a
n a
n a
In