HomeMy WebLinkAboutSUB201100111 Review Comments Waiver, variation or substitution requirement 2012-04-09ALB���r
� �'IRGINZP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832
Fax (434) 972 -4126
TO: Ellie Ray, Senior Planner - Planning Services
FROM: Rebecca Ragsdale, Senior Planner- Zoning Services
DATE: April 9, 2012
RE: Belvedere (ZMA 2004 -07)- Request for Variations ( §18- 8.5.5.3)/SUB 2011 -11
This memo addresses four variation requests dated January 30, 2012 but not reviewed until
March 7, 2012 because of outstanding fees. Zoning has reviewed these requests to determine if
they are eligible variations under §18- 8.5.5.3, and the proffers Code of Development, and
General Development Plan for ZMA 2004 -07. Additional variation requests that should be
submitted have also been identified.
Reconfiguration of Block 8 to create rectilinear blocks and eliminate Park H
This request is eligible under §18- 8.5.5.3.a.2 Changes to the arrangement of uses, provided
major elements shown on the plan remain the same. Park H is described as a small
neighborhood pocket park that would provide an informal gathering spot and include 1
permanent bench. In consultation with Planning, Park H is not considered a "major element"
and this is eligible for a variation.
Proffer 3.1 is applicable to this request and in no event shall the total area of open space be
less than 25% of the total land within the Property. To complete review of this request, the
applicant must provide an updated Table 4 on Page 14 and only include acreage within the
Property.
2. Reconfigure a stormwater management facility and Park G in Block
This request is eligible under §18- 8.5.5.3.a.2 Changes to the arrangement of uses, provided
major elements shown on the plan remain the same and under §18- 8.5.5.3.a.6 Minor
changes to the design and location of stormwater management facilities, minor land
disturbance including disturbance within conservation areas, and mitigation, all subject to a
recommendation for approval by the county engineer.
Proffer 3.1 is applicable to this request and in no event shall the total area of open space be
less than 25% of the total land within the Property. To complete review of this request, the
applicant must provide an updated Table 4 on Page 14 and only include acreage within the
Property.
Conservation areas and Preservation areas must be provided as shown on the General
Development Plan along the edges of the development and between Block 9 and the 50'
ROW which are labeled Lot 117 and "Future Alignment of Roadway" on the proposed plat.
3. Request variation to Belvedere's plan and code to permit construction of Road D and
contiguous stormwater facility within the 100' Reservation Area in Block
The ordinance allows for variations of this type to be requested under §18- 8.5.5.3(2)
Changes to the arrangement of uses, provided major elements shown on the plan remain
the same and §18- 8.5.5.3.a.5 Minor changes to street design and street location, subject to
a recommendation for approval by the county engineer.
Zoning has determined that Proffer 4.2 would allow a variation request to be made, provided
that the purpose and use of the 100' ROW area specified in the proffer be maintained.
It does not appear this request is eligible for a variation as currently proposed and is beyond
the scope of what the Planning Director is authorized to approved under §18- 8.5.5.3.a.5. As
proposed with this request in conjunction with SUB 2011 -211 major elements identified on
the General Development Plan and in the Code of Development do not remain the same.
The General Development Plan was approved to show the 100' ROW area for a possible
future road, which is also designated as open space on the General Development Plan and
in the Code of Development. Linear Park K (minimum 15' in width and a Class B trail)was to
be located between development lots and the 100' ROW or at its edge. These elements
shown on the plan were to remain even if the future road was constructed. The approved
street layout did not extend into the 100'ROW area or include street connections to the
future road. A stormwater management pond is also proposed within the 100' ROW.
SUB 2011 -111 does not demonstrate how the elements of the plan and code can be
maintained if a future road is constructed. Zoning has previously advised that any requests
for a variation should address these issues which the applicant's submittal does not:
• The 100' ROW area does not include area in lots, stormwater management, or required
amenities (linear park K, etc.).
• The applicant demonstrates that the future North Free State Connector Road can still be
constructed if a 2 -lane local road is constructed in to serve Belvedere in this phase. This
is also subject to County Engineer approval.
4. Variations to the Code of Development to revise allocations of Single Family
Detached and carriage house unit minimum and maximums within Phase 2 of the
Development
This request is eligible for a variation under §18- 8.5.5.3.a.2 as long as the maximum
densities approved with the rezoning are maintained as well as the minimum of 103 carriage
house units required in Proffer 2.2. The applicant should submit revisions to Tables 1 and 2
found on Page 6 of the Code of Development, which were last revised by an approved
variation on March 24, 2011.
Additional variations that have not been requested-
• A variation should be requested under §18- 8.5.5.3.a.5. Minor changes to street
design /location are eligible for a variation request, subject to recommendation for
approval by the County Engineer. The variation request should provide updated Table 8-
Road Standards (page 32) of the Code of Development and updates to the referenced
Exhibit 11 -cross sections of the General Development Plan. The variation should
demonstrate how the on- street parking spaces anticipated to serve SOCA (SP 07 -54) on
new roads in Belvedere will be accommodated with this request to change the streets
Page 2
layout and design standards. If public Roads H, I, and Y on the proposed plat will
provide this on- street parking, then they must the SP condition, Engineering, and VDOT
requirements. Refer to the conditions of approval with SP 2007 -54 attached. It was
anticipated that some on- street parking would be provided to serve Belvedere residents
and guests.
The proposed lot sizes (Lot Size -Sheet No. 1) are not consistent with the Code of
Development. A variation should be request under §18- 8.5.5.3.a.1 to update the
minimum lot size regulations of the Code found in the description of Blocks 5 through 8
on Page 8 and also the Table 9 on Page 35 should be updated to reflect changes to the
lot size range if this variation is approved.
The applicant should provide an updated Code of Development and Application Plan to
reflect all changes comprehensively if variations are approved. The Planning Director
may require this under §18- 8.5.5.3.d.
8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF
DEVELOPMENTS
The director of planning may allow a site plan or subdivision plat for a planned development to vary from an
approved application plan, standard of development and, also, in the case of a neighborhood model district, a code
of development, as provided herein:
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;
3. Changes to phasing plans;
4. Minor changes to landscape or architectural standards;
5. Minor changes to street design and street location, subject to a recommendation for approval by the
county engineer; and
6. Minor changes to the design and location of stormwater management facilities, minor land disturbance
including disturbance within conservation areas, and mitigation, all subject to a recommendation for
approval by the county engineer.
b. The applicant shall submit a written request for a variation to the director of planning. The request shall specify
the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested
variation. The director may reject a request that fails to include the required information.
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.
d. The director of planning may require that the applicant provide an updated application plan and, in the case of
changes to a code of development, a complete amended code of development, reflecting the approved variation and
the date of the variation. If the director requires an updated application plan or code of development, the granting of
the variation shall be conditional upon the applicant providing the plan or code within thirty (30) days after approval
of the variation and a determination by the director that the plan or code were revised to correctly reflect the granted
variation.
Page 3