HomeMy WebLinkAboutSUB201300112 Executive SummaryCOUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE::ZMA2005- 09_Briarwood PRD AGENDA DATE: September-4,2013
Special,.Exception
ACTION: INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Special Exception to allow a variation to the Phasing CONSENT AGENDA:
Plan ACTION: X INFORMATION:
STAFF CONTACT(S):
Mr. Benish and 'Mr. Perez
LEGAL REVIEW: No
ATTACHMENTS: Yes
REVIEWED'BY:
BACKGROUND:
The Briarwood development is located off of Seminole Trail (Route 29) and is zoned Planned Residential Development
(PRD) and has proffers associated with it. The development has been through numerous rezonings (ZMA91 -13, ZMA95-
05, ZMA2004 -14, and ZMA2005 -09). On March 16, 2011 a variation from the approved application plan modified the
phasing plan for the development (reviewed under SDP2010- 00084). The applicant is requesting a special exception to
allow for another variation to the phasing plan for the development as authorized by County Code Section 18- 8.5.5.3
STRATEGIC PLAN:
Goal 5: Ensure the health and safety of the community.
DISCUSSION:
With this variation the applicant proposes to modify the phasing plan to react to the current market and builder demands.
The total number of townhouse units and single family units in each phase shall remain unchanged for each phase, and
the total number of units within the entire development will also remain unchanged per Proffer #9. Based on market
demands the applicant has updated the lot widths in the development, which has created the need to modify some of the
phasing lines within the plan, without any changes to the overall density.
The applicant submitted a request and justification for the variation by letter dated March .25, .2013 (Attachment B) with
revised phasing plan dated April 22, 2013 (Attachment A), and the request has been reviewed for Zoning, Engineering
and Planning aspects of the regulations and staff finds no objection. This variation will allow the revised phases as
depicted on "Briarwood Phasing Letter of Revision" prepared by Collins Engineering, dated April 22, .2013 to become the
phase plan for Briarwood. Section 8.5.5.3(a) authorizes the Director of Planning to grant variations from the approved
application plan. However, due to the State Supreme Court decision, these variations must now be approved by the
Board of Supervisors as a Special Exception under Chapter 18 Section 33.5 and 33.9. Staff is recommending approval
of the variation.
PHASING PLAN VARIATION:
The applicant submitted the following request: "Overall market and builder demands are the reason for this modification
request. The market demand for this neighborhood is smaller single family houses and smaller townhouse lots. This
change to -the overall phasing will allow us to accomplish the changes to the lot demand, while maintaining the same
overall density on the plan." Staff analysis of the variation request is provided below:
1) The variation is consistent with the goals and objectives of-the comprehensive-plan.
The variation is consistent with the goals and objectives of the comprehensive plan. Interconnections, a mix of
housing-types, buildings that are close to the street and open space will remain.
2) The variation does not increase the approved development density or intensity of development.
The variation will not increase the approved density or intensity of development. The residential units and density
within this development remain within the approved lot mix from ZMA 2004 -014 and ZMA2005 -09.
Variation to Briarwood Phasing Plan
September 4, 2013 BOS
3) The variation does not adversely affect the timing and phasing of development of any other development
in the zonin district
g
The variation does not adversely affect any timing or phasing of this or any other development.
4) The variation does not require a special use permit.
A special use permit is not required.
5) The variation is in general accord with the purpose and intent of the approved rezoning application.
The variation is in general accord with the purpose and intent of the approved rezoning. The development
resulting from the variation continues to provide a mixture of housing types, interconnections, and open.space in
Briarwood.
RECOMMENDATION: Staff recommends approval of this Special Exception for a variation to the Briarwood PRD
(ZMA2005 -09) Phasing Plan noted as " Briarwood Phasing Letter of Revision" prepared by Collins Engineering,
dated April:22, 2013.
Attachments
A) Briarwood Existing and Proposed Phasing Plan
B) Application for Variation
Variation to Briarwood Phasing Plan
September 4, 2013 BOS
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Application for
Variations from Approved Plans,
Codes and Standards of Development
DATE: 3/25/'13
NAME OFPLANNED DISTRICT: .Briarwood Development, 32G -1, 32- G -3 7A, and 32G -3 783
.ZMANUMBER(s): ZMA 91 -13, ZMA 95 -05, and ZMA-2004-14
Contact Person: SCOTT COLLINS, COLLINS ENGINEERING
Address 200 Garrett Street, Suite K City CHARLOTTESVILLE State VA Zip 229.02
Daytime Phone 4( 34} 293 -3719 Fax 4( L3 293 -3719 E -mail scoff @collins - engineering.com
What type of change is requested?:
0 Variation to the Plan ❑ Variation to the Code or Standard
Provide a copy of the existing plan (may be a reduced copy) illustrating the area for which the change is requested. Provide a
graphic representation of the requested change.
Describe the variation being sought (may attach separate sheets):
We are proposing to modify the existing phasing lines as shown on the ZMA 2004 -14 and recently approved Variation, dated 3- 16 -2 -11.
The total number of townhouse units and single family units in each phase shall remain the same for each of the phases, and
the total number of units within the entire development will also remain the same per Proffer #9. Based on market demands,
we have updated the lot widths in the development, which has created the need to modify some of the phasing lines within
the plan, without any changes to overall density at this time.
What is the reason for each of the requested variations ?:
Overall market and builder demands are the reason for this modification request. The market demand for this
neighborhood is smaller single family houses and smaller TH lots. This change to the overall phasing will allow us to accomplish
the changes to the lot demand, while still maintaining the same overall density on the plan.
Couniy :of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA. 22902 Voice: (434 }..296 -5$32 Fax: (434) 9724126
7/24106 Page 1 oft
In accordance with § 8.5.5.3 c) of the Zoning Ordinance, in order to grant the variation, the Planning. Director must
make positive findings under-5 criteria. Please provide information about these criteria for the Director's
consideration (may attach separate sheets).
1. Is the variation consistent with the goals and objectives of the comprehensive plan?
yes
2. Does the variation increase the approved development density or intensity of development?
No
3. Does the variation adversely affect the timing and phasing of development of any other development in'the
zoning district?
No
4. Does the variation require a special use permit?
No
5. Is it in general accord with the purpose and intent of the approved rezoning application?
Yes
§ 8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENT
The director of planning and community development 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 general development plan or code of development, as provided herein:
a. The director is authorized to grant a variation from the following provisions of an approved plan, code or
standard:
1. Minor variations to yard requirements, 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; and
_5. Minor variations to street design.
d. Any variation not expressly provided for herein may be accomplished by rezoning.
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