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HomeMy WebLinkAboutSDP200800086 Approval - County Waiver, variation or substitution requirement 2014-09-22U �'IRGII`IZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 - Fax (434) 972 -4126 September 10, 2014 fl Terra Concepts, R.C. - Steve Edwards 224 Court Square Charlottesville, VA;:22902 RE: SDP - 2008: 00086. Willow Glen — Special Exception Dear Mr. Edwards:' The Albemarle County Board of Supervisors, at its meeting on, August 13, 2014, approved by a vote of 6:0, the special exception to allow variations (Variation #2) from the Application Plan (ZMA- 2006- 00019.);to: 1) replace one condominium building (28 unites) with 12 townhomes; 2) remove shared driveways for several single - family homes; 3) remove one tot lot location; and, 4) modify construction phasing, as outlined in the illustrations contained in Attachment C If you should have, any questions or comments regarding the above noted action, please do not hesitate to contact',me at (434) 296 -5832. Sincerely, ti David Benish Chief of Planning Planning Division CC: Dickerson Ridge LLC 690 Berkmar Cir Charlottesville Va 22901 *Attachment* COUNTY OF ALBEMARLE EXECUTIVE SUMMARY _ AGENDA TITLE: SDP200800086 Willow Glen — Special Exception to Authorize Variations from the Application Plan and Code of Development (ZMA200600019) SUBJ ECT /PROPOSAL /REQUEST: Special exception to authorize variations to: 1) replace condominium building with townhomes; 2) remove shared driveways for several single - family homes; 3) remove one tot lot location; and, 4) modify construction phasing. STAFF CONTACT(S): Foley, Walker, Kamptner, Cilimberg, Benish, Baldwin PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: August 13, 2013 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Willow Glen is a Planned Residential Development (PRD) containing multiple housing types located off of Town Center Drive and Dickerson Road, near the Hollymead Town Center in the Community of Hollymead. A Comprehensive Plan Amendment ( "CPA ") and rezoning to PRD, with proffers, were approved on October 10, 2007. A site plan and minor amendments have previously been approved for Phase 1, which is under construction. The applicant is requesting a special exception to authorize variations from the approved Application Plan and Code of Development. This request represents the second set of variation requests to this PRD and, as such, is referred tows "Variation #2." STRATEGIC PLAN: Goal 5: Ensure the health. and safety of the community DISCUSSION: The following summarizes findings for each variation request. The attached staff report (Attachment A) provides details for each request. ' , • Replace condominium building with town homes. Very limited demand for condominium units given the current market/economic�condition. This change will provide for more marketable and affordable units consistent with today's conditions. • Remove shared driveways for several single - family homes. Not a significant change in form from the original zoning approval..; • Remove one tot lot location. Change will be paired with an increase in the area of the remaining tot lot. • Modify construction phasing. Inconsequential change moving the phase line so that the proposed townhomes will be in Phase 2 instead of Phase 3. BUDGET IMPACT: No impact will result from this special exception authorizing multiple variations. RECOMMENDATIONS: Staff recommends approval of this special exception authorizing multiple variations. ATTACHMENTS: A = Analysis of Special Exception B —Applicant's Request C = Applicant's Justification Return to consent agenda ' Return to regular agenda i i STAFF PERSON: Sarah Baldwin BOARD OF SUPERVISORS: August 13, 2014 - SDP2008 -86 Willow Glen-Special Exception to authorize Variations (Variation #2) from the Application Plan (ZMA2006 -19) LOCATION: East of Dickerson Road on Towncenter Drive in Hollymead Town Center. TAX MAP /PARCEL: 03200- 00- 00- 049FO, 03200- 00- 00- 049GO, 03200- 00 -00- 04910, 03200- 00 -00- 049,10, 03200- 00 -00 -049 KO VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENT This variation request has been reviewed for zoning and planning aspects of the regulations. Variations are considered by the Board of Supervisors as a special exception under Chapter 18, Sections 33.5 and 33.9. Staff is recommending approval of the special exception provided that it meets the requirements of the application plan and code of development, Staff analysis of each variation request under County Code § 18- 8.5.5,3(c) is provided below. VARIATION #2: The Applicant has requested one variation containing four elements and has provided further justification for the variations in correspondence dated April 18, 2014 (Attachment C). 1) The applicant's request is "to replace one (1) 28 unit condominium with 12 townhomes and, therefore, reducing the overall density of the development, but increases the marketability of the project. The Code of Development calls for up to 54 condominium units. The code of development expressly states that the proposed condominiums were to address the need for workforce housing and requested by citizens at a series of workshops held by the applicant. However, there is now very limited demand for condominium units given the, current market/economic condition. This change will provide for more marketable and affordable units consistent with today's conditions. Staff can support this request. Future sites remain available to provide condominiums, so the original mix of housing types is still provided within the development. 2) Adjust driveway locations-,for several single- family detached homes in order to remove shared driveways. A prior approved variation removed shared driveways in Phase 1 of the development. This is not a significant change in form of the original zoning approval. Staff has no objection to this request. (3) Reduce the number of tot lot locations. The Application Plan contains a large center pavilion and two tot lots. Although the applicant is removing a tot lot, the proposal will increase the area of the remaining tot lot which is shown on a conceptual plan dated 1/29/14. Additional changes on the conceptual plan depict a new right of way behind the proposed clubhouse, additional lawn area and parking. The revised concept is consistent with the general intent of the original, rezoning approval for open space and recreational areas. Staff can support these additional changes, (4) Adjust Phase 2 limits. The .location of the proposed new townhomes discuss in 1, above is currently in Phase 3 of this development. The Applicant proposes to move the phase line so that the proposed townhomes will be in Phase 2. Staff has no objection to this request. Staff analysis of the variation request is under Section 33,9 is further guided by factors in Section 8.5.5.3(d) as provided below: 1. The variation is: consistent with the goals and objectives of the comprehensive plan. The variation and eleme;rlts are consistent with the goals and objectives of the comprehensive plan. Sites remain available to provide condominium units, so the original mix of housing types is still provided within the development. The revised concept for the tot lots and pavilion area remains consistent with the general intent of the original rezoning approval for open space and recreational areas. 2. The variation does not increase the approved development density or intensity of development. The density is decreased by replacing the 28 unit condominium building with 12 townhomes. The other requests do not affect the density or intensity of the development. 3: The variation does not adversely affect the timing and phasing of development of any other development. Proposed changes 1 -3 do not impact the timing and phasing of the development. The Attachment A applicant proposes.to move the phase line so that the proposed townhomes will be in Phase 2. Staff has j no objection to this request - _ 4. The variation -dines not require a special use- permit. A special use permit is not required for -any of - - - - - - - - these proposed changes, j S. The variation isin general accord with the purpose and intent of the approved rezoning application. All of the proposed changes are in general accord with the approved rezoning application. I RECOMMENDATION: Staff recommends abproval of this special exception to authorize Variations (Variation #2) from the Application Plan (ZMA2006 -19) to: 1) replace one condominium building (28 units) with 12 townhomes; 2) remove shared driveways for several single- family homes; 3) remove one tot lot location; and, 4) modify construction phasirig, as outlined in the illustrations contained in Attachment C. Attachment A Application f ®r Variations from Approved Plans, _Codes and Standards of Development DATE: July 25, 2014 (Revised from 12/16/14) NAME OF PLANNED DISTRICT: 'Willow Glen TAX MAP/PARCEL Ni ER(s): 32 / 497E 49G, 491,49,T, 49K — ZMA NUMBER(s): 2006 -19 Contact Person: Steve Edwards Address 4936 Old Boonsboro Road City Lynchburg State VA Zip 24503 , Daytime Phone 4( 34_) 531 -7507 E -mail swedwards8l68(@),mall.com What type of change is requested? Variation to the Plan ❑ Variation to the Code or Standard Specify the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation, The request may be rejected if it fails to include the required information. 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); 1) Remove (1) 28 -unit condo and reulace it with (12) townhomes thereby reducing density while improving project sales, 2) Adjust driveway locations for'several SFD homes in order to remove "shared" driveways. 3) Consolidate tot lots near clubhouse into (1) location. 4) Adjust sub -Phase 2 limits What is the reason for each ofthe requested variations ?: Economic and market conditions have changed. See our April 18, 2014 comment letter to Sarah Baldwin. In this letter justifications are made as follows: Request #1- see response #2 under General Site; Request #2- see response #2 under VDOT; Request #3 - see response #3 under General Site; In addition, we have provided a sketch for this arrangement which adds some parking while relocating the open s space. Request #4- is more for move sub -phase IX up in the sequence of Phase 2 and arrange sub phases VII & VIII into a Phase 3, County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126 Revised 6/2014 Page 1 of 2- Attachment B 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 the variation 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 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: The director of planning is authorized to grant a variation from the following provisions of an approved plan, code or standard: .r, L • 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 maj or elements shown on the plan and their relationships remain the same; 3. Changes to phasing plans; 4. Minor changes to =gn or architectural standards; 5, Minor changes to 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 countyengineer. 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 (3 0) days after approval of the variation and a determination by the director that theplan or code were revised to correctly reflect the granted variation. i - Revised 6/2014 Page 2 of2 Attachment B 18 April 2014 Steven W. Edwards Landscape Architect Ms, Sarah Baldwin Senior Planner Albemarle County Community Development 401 Mclnitre Road : ' Charlottesville, Virginia 22902 RE; Willow Glen; Phase 2 MSPA (SDP 201400060); Comment Response Letter Dear Sarah: Regarding the comments received on February 20, 2ou 4 responses below Willow Glen Phase 2 Minor Site Plan Amendment application, please find p General Site (Sarah Baldwin); CtfO17S are not 9, (8.5.5,31 Removing int pa cel c alternative l locations. Pleasee provide emore dinfoamation onlifwhy variation without providing the future interparcel connections are being removed. Originally we' had several Int 56 roe bycWende11 Woods) were dissolved per thed, the two connections Into TMP modification to our entr tec arcel coninectioneto TMPt32�49H, The areason this occuarredng this also Included the In p was due to y'the fact t. These losing will ibetshown at olateer date new n another her sub im ttal eat, a the County's request. . The other in.terparcel connection isacts these connections toons would have to the sites and on review because of the grading P the environment, The connection all tosu toort over 509uSnitsothereby requiring anlemte emergency and the parcel itself Is too a support access nee, As for wouidlbe tooisteep to acctommodate any futur height, nnection.e the slope of that traveiw y Furthermore, our site s ation fees, We will not be going above this threshold for our on't for streai incur unnecessary mitlg project needs and are not prepared financially to Incur additional cost. 2• [8.5,5,3] Please provide further clarification why additional condominiums ar'e being removed. l4i11ai certain market conditions exist? There recession. n One of the major changes estate market intthe the esidental of the recent recession, Impossible for new componentiof the market. For a number of reasons, it is practically imp have coaled to home buyers to get financing to purchase a condominium, Lendrs s dpling the that part of the market. One of the most glaring things that happened recession that led lenders to feel this way revolves condo ciude real estate taxes, Typically the builder Is responsible for paying hose fees, which insurance :and maintenance, on all unsold units in a condo projects, With so many builders going bankrupt, chain those fees those huge fees created osit a ions where condos had already sold. In a chain had ld dbesmart to build on the in development marret where they wouldn'tisell!The proposed wouldn't changes to the site plan reflect the shift away from condos to the much more popular townhouse' market, 4836 Old'Boonsboro Road - Lynchburg, Virginia , 24503 telex 434,531,7507 i email: swedwards8168 @9ma11,00m 1 of 3 Attachment C Steven VV, Edwards Landscape Architect 1 3, [8, 5,5.3] Please provide further clarification regarding the removal of the tot lot. Again, what are the marl(etconditions that exist? By removing'the ee se can better near t eetheuneeds of the overall all'Willow space en community. eventladult area reu s doesn't make sense Having two dlfferenttot lots accommodating different age g p when newer, play it attention In one direction on their kids,nfor�safety reasons, alther than parents focus their Jiff opposites side of the clubhouse. We believe this having to watch two different spaces on opp Is a benefit not an Impact to the community. proposed in the variation. 4. Sheet 5 does; not show the townhome units that are Please see Sheel 5 again. These proposed townhome units are shown, These are located within Phase IID, 5. See responses below under Engineering, 6. See responses below under VDOT. 7. See responses below under Fire Rescue, Engineering (Glenn;Brooks, dated 215114); 1. An amendment to the erosion and sediment control plans will be needed if they are still active, lans will be submitted separately soon. An amendment to our ES &C p 2 We have the addressed this issue In tour response 01 to Sarah. VDOT (Troy Austin „dated 2!7114): f, Good access management rec prat that the!singletfamily lots along tHeathr w Glen circle roadway, W6 w I continue to rise shared entrances, Where possible, it would be good practice fort the townhouse units to use shared entrances as well We are amending our MSPA for Phase 2 to maintain the already approved shared driveway betwween Lots 42 &43; however we will be removing the shared driveway between Lots 46 &47 to better accommodate for the public needs (Input received from both the buyers OTI bap approval t nremve shared'” driveways earlier in Phasel1 in keeping with, PP As for modifying the townhome driveways within this project we fee lot change original) hange, Furthermore, this type cost approved this way and warrants no c prohibitive at this point in the protect and would cause significant delays mov(ng forward and would more resemble a parking lot condition than driveway. athrow 2, The entrance shown to Lot 40 is very ed't close to the intersection traveling from h {annon Glen and Shannon Glen Court, It may p opposing Court to this parcel to make this turning movement without crossing into the opp lane. but feel there is no need to change this since it was We will consider this at a later date originally approved as shown, 3. Storm sewer should cross the public roads perpendicularly, An additional struction may be needed`n'ear the property line between Lots 741 & 74J to allow the storm sewer to cross Prestvick Glen Drive perpendicularly. Duly noted: We will amend this alignment across Prestwick Glen Drive. 4, it is unclear to us whether the road plans and/or site plan for this development have previously been approved, Please advise to the status of prior approvals. This issue has been dare roved and times, According rlf to exist in the system. I DeNunzlo, these plans hny 4836 Old Boonsboro Road - Lynchburg, Virginia • 24503 tele; 434.531,7507 email, swedwards8168 @g mall ,com 2of3 Attachment C 'i Steven W. Edwards Landscape Architect j In addition tb "the four comments above, we have also Incorporated (2) advisory signs (W13 -5) and.Yemoved (1) parallel parking space along the curve section of Heathrow Glen Circle per our oonversatlon following the approval of the Final Site Plans, See Sheet 10 for these:, revislons, ,s Fire Rescue(Robbie Gilmer): 1. Radii at the north end of Hartsfield Court shall not be less than 25 ft. This will allow for fire' access to building A (Lot 1) and Building B (Lot 2). We have jn&based the r l at the north cannot meekithe 25•footminimum. The best f t we we can do Is a 15 feetradll at the face of face See Sheet 7 for this change, 2. Fire hydrant:spacing shall be every 500 ft. per travelway. Fire hydrants'have not moved since our original plans were approved. All fire hydrants are spaced no greater than 500 -feet per travelway. Please see those plans if you have additional concerns. 3. Fire Flow test required prior to final submittal. A fire flow test was originally submitted and is on -file. Unless there is a need to.repeat the. effort we would ask that this comment be removed, We appreciate your time and effort in reviewing our plans and respectfully request that your approval be given to these amendments, In the event there are additional questions please feel free to contact us. If you have any questions please do not hesitate to call. Sincerely, :i Steven W. Edwards, CLA cc, George Ray, Willow Glen Albemarle, Inc. Alan Franklin enclosures; Se0ransmittal ,3 4836 Old Bgonsboro Road'- Lynchburg, Virginia - 24503 - tele: 434,531.7507 email: swedwardsB168 @gmatl,com 3 of 3 Attachment C �• ;. 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NvL,C• :po,r•,.yy �rP.•:,o•v ✓:,, °zh4;S' �:5.$:E';ior',cj °4����,��saF�y, lop, 00 : FORGOpsualio n � I 114; 1 \1 �;�• I MINOR SITE PLAN AMENDMENT FOR PHASE 2 °..E° WILLOW GLEN r ••1 �� E ALEEMARLE COUNTY, VIRGINIA OVERALL SITE PLAN��7� Attachment C �1 28 17 r. ID, Attachment C Attachment C i