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HomeMy WebLinkAboutSDP201200046 Legacy Document 2014-04-14COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: April 3, 2013 SDP2012 -046 Cascadia- Preliminary Site Plan - Variations #1 -4 from ZMA 2002 -004 ACTION: INFORMATION: SUBJECT /PROPOSAL /REQUEST: CONSENT AGENDA: Approval of the following sections of the Zoning ACTION: X INFORMATION: Ordinance: 1. Section 8.5.5.3 Variations From Approved ATTACHMENTS: Yes Plans, Codes, And Standards Of Developments REVIEWED BY: STAFF CONTACT(S): Mr. Benish, Ms. Yaniglos LEGAL REVIEW: No BACKGROUND: Cascadia was rezoned to Neighborhood Model District, with an associated application plan and Code of Development (COD), in August 2006 (ZMA2002 -004). The proposed development will require four variations from the approved Application Plan and Code of Development. These variations are necessary before the final site plan can be approved by staff. The applicant is requesting the following four variations from the approved rezoning plan and code of development: 1. To vary the street layout. 2. To allow public maintenance of various streets. 3. To allow variations to the front and rear yard setbacks. 4. To vary the street sections for Delphi Drive and provide new street sections for the townhouse lots. DISCUSSION: 1. VARIATIONS FROM APPROVED PLANS. CODES. AND STANDARDS OF DEVELOPMENT The variation requests have been reviewed for Zoning and Planning aspects of the regulations. Section 8.5.5.3(a) authorizes the Director of Planning to grant variations from the approved application plat and/ or code of development However, due to a recent State Supreme Court decision, these variations must now be approved by the Board of Supervisors as a Special Exception under Chapter 18 Section 31.8. VARIATION #1- To Vary the Street Layout: The applicant submitted the following (Attachment A): In an effort to meet VDOT minimum street design requirements, we propose the modified street layout, as shown in the attached exhibit. We have eliminated Summit Park Circle in favor of fitting a reverse curve in Delphi Lane and making a T- intersection at Delphi Lane and Glisssade Lane near Lot 71. Also, Delphi Lane has been made a through street extending to the Fontana subdivision and a T- intersection with Glissade Lane near Lot 52 has been provided. Short Street has been renamed and Alley's G and I have been removed. Alley H has been named Backwater Alley and it extends from Flat Waters Lane to Delphi Lane. Backwater Alley is one -way. Staff analysis of the variation request is provided below: 1) The variation is consistent with the goals and objectives of the comprehensive plan. The revised street layout is consistent with the goals and objectives of the comprehensive plan by providing on- street parking, rear access to lots via alleyways while allowing for safe access for Fire and Rescue vehicles and meeting VDOT requirements. The design changes were also recommended and /or required by Fire Rescue, VDOT and Engineering. 2) The variation does not increase the approved development density or intensity of development. CASCADIA VARIATION April 3, 2013 BOS Density is not increased. 3) The variation does not adversely affect the timing and phasing of development of any other development in the zoning district. The timing and phasing of the development is unaffected. 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. This variation is in general accord with the approved rezoning application while also addressing the concerns of VDOT and Fire and Rescue. VARIATION #1 RECOMMENDATION: Staff recommends approval of the variation request #1 with the following conditions: 1. Provide "Do Not Enter" and "One Way" signage for Backwater Alley. VARIATION #2- To Allow Public Maintenance of Various Streets: The applicant submitted the following: The Code of Development (COD) denotes certain streets to be publicly maintained per Note 1 on Page 21 of the COD. It also allows the developer to request other streets in the development to be publicly maintained as approved by VDOT and the Director of Planning per Note 2 on Page 21 of the COD. Streets requested to be publicly maintained: The 120 linear foot portion of Delphi Lane east of the intersection with Glissade Lane, Oval Park Lane, Flat Waters Lane and Boulder Hill Lane. Staff analysis of the variation request is provided below: 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 by allowing for the streets to be publicly maintained instead of privately, which is a County policy. 2) The variation does not increase the approved development density or intensity of development. Density is not increased. 3) The variation does not adversely affect the timing and phasing of development of any other development in the zoning district. The timing and phasing of the development is unaffected. 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 approved rezoning application by the review and approval of this request by the Director of Planning and VDOT per the Code of Development. VARIATION #2 RECOMMENDATION: Staff recommends approval of the variation request #2 with no conditions. VARIATION #3- To Allow Variations to the Front and Rear Yard Setbacks: The applicant submitted the following: Request to vary the required setbacks per the COD for Lots 118 -125 to be as follows: front build to range be revised from 5 feet -25 feet to 3 feet -25 feet, and rear setbacks from 10 feet to five (5) feet. Staff analysis of the variation request is provided below: 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 by allowing Lots 118 -125 to front on an amenity (Summit Park) and have access from the rear of the property. This creates a more pedestrian friendly development and is consistent with the Neighborhood Model principles. 2) The variation does not increase the approved development density or intensity of development. Density is not increased. CASCADIA VARIATION April 3, 2013 BOS 2 3) The variation does not adversely affect the timing and phasing of development of any other development in the zoning district. The timing and phasing of the development is unaffected. 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. This request is in general accord with the approved rezoning application by allowing the lots to front on a park, maintain rear vehicular access, and provide a development consistent with the Neighborhood Model principles. VARIATION #3 RECOMMENDATION: Staff recommends approval of the variation request #3 with the following condition: 1. Maintain 18 feet from the garage to the edge of pavement from the road. VARIATION #4- Vary the Street Sections for Delphi Drive and provide New Street Sections for the Townhouse Lots. The applicant submitted the following: Request a modification to the Delphi Drive street sections from the intersection with Fontana Drive at Station 10 +00 to Station 11 +58 and from Station 11 +58 to its intersection with Delphi Lane at Station 14 +30 to address the unavailability of right of way in that area. Request for the street sections be modified to 29 feet from face of curb to face of curb for Oval Park Lane and Flat Waters Lane. Also, request for Backwater Alley to be 20 feet wide to accommodate Fire and Rescue requirements. Staff analysis of the variation request is provided below: Staff analysis of the variation request is provided below: 6) The variation is consistent with the goals and objectives of the comprehensive plan. The design is consistent with the goals and objectives of the comprehensive plan while recognizing the practical engineering realities of this development. The design changes were also approved and /or required by VDOT and Fire Rescue. 7) The variation does not increase the approved development density or intensity of development. Density is not increased. 8) The variation does not adversely affect the timing and phasing of development of any other development in the zoning district. The timing and phasing of the development is unaffected. 9) The variation does not require a special use permit. A special use permit is not required. 10) The variation is in general accord with the purpose and intent of the approved rezoning application. This variation is in general accord with the approved rezoning application while also addressing the concerns of Fire Rescue, and the lack of right of way available at the entrance off of Fontana Drive. VARIATION #4 RECOMMENDATION: Staff recommends approval of the variation request as described in the narrative provided by the applicant. This does not approve the exhibit for Variation #4 that was provided with the request, as they show pavement sections that provide more detail than necessary, and these details will be worked out for the street sections during the site plan review process in accordance with the requirements of the ordinance. 31.8 SPECIAL EXCEPTIONS The board of supervisors reserves unto itself the authority to consider and act upon special exceptions as follows: a. Matters requiring a special exception. Notwithstanding any other section of this chapter: 1. Any request for a waiver, modification, variation or substitution permitted by this chapter shall be considered and acted upon by the board. 2. Any requirement for a decision by the planning commission required by this chapter shall be considered and acted upon by the board. For the purposes of this section, a decision by the planning commission does not include the consideration and action by the commission on a preliminary or final site plan under section 32 of this chapter or any action provided in section 32 enabled under Virginia Code § 15.2- 2242(1). CASCADIA VARIATION April 3, 2013 BOS 3 b. Consideration and action. In acting upon a special exception, the board shall consider the factors, standards, criteria, and findings, however denominated, in the applicable sections of this chapter, provided that the board shall not be required to make specific findings in support of its decision. c. Conditions. In approving a special exception, the board may impose reasonable conditions to address any possible impacts of the special exception. d. Time for action. A request for a special exception shall be acted on by the board within ninety (90) days after the date of the request, or concurrently with a zoning map amendment, special use permit, or site plan appeal, whichever is longer. e. Request. Each request for a special exception shall be made as provided under the applicable section of this chapter. RECOMMENDATION: Staff recommends approval of variations #1, #2, #3, and #4 with the conditions and recommendations listed in this report. ATTACHMENTS: A. Applicant request and exhibits. CASCADIA VARIATION April 3, 2013 BOS 4