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HomeMy WebLinkAboutSDP200800086 Request of Modification, Variance, Waiver 2010-01-14• R Q�� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434)296 -5832 - Fax (434) 972 -4012 January 14, 2010 Mark Keller Terra Concepts, PC 224 Court Square Charlottesville, VA 22902 RE: Variation Request, dated June 9, 2008, regarding fifteen variations, which have been made in conjunction with SDP 2008 -00086 Willow Glen Final Road and Site Development Plan from . ZMA 2006 -00019 Willow Glen. Dear Mr. Keller: The County has received your variation request referenced above for 15 modifications to ZMA 2006 -019 Willow Glen. The variations requested are listed below by category: 1) Minor variations to yard requirements, maximum structure heights and minimum lot sizes: m) Amend in the minimum Lot and Yard Requirements as shown on Table 2 of the Application Plan, as permitted by Section 8.5.5.3.a.1 of the Zoning Ordinance. The proposed modification to Table 2 showing the slightly smaller minimum lot and yard requirements is shown on Sheet 7 of the proposed Site Plan. 2) Changes to the arrangement of buildings and uses shown on the plan: a) On the northwest boundary of•the property off of Road `B" (shown as Trudeau Court on the proposed Site Plan), the Applicant would like to remove one of the three proposed buildings (labeled F) which contains 16 dwelling units. In place of the deleted building, the Applicant will increase the size of "The Quad" green space and add additional parking spaces. The Applicant will also be removing the parking area shown on the Application Plan to the east (between the remaining two buildings and the Deerwood Neighborhood). The other two buildings in this area will remain (these buildings are shown as buildings E and F on the Site Plan) although the number of units in each will increase from 10 to 12. b) Add 13 units of townhomes on the southwest side of Road "E" (shown as Trudeau Court on the proposed Site Plan). c) Remove 1 townhome unit on the northeast side of Road "E " /Trudeau Court (between lot 98 on the proposed Site Plan and the curved portion of Trudeau Court. d) Substitute the end duplex unit on the northeast end of the curve of Road "C" (shown as Heathrow Glen Circle on the proposed Site Plan) with a single family detached unit. Such detached unit would be located on what is designated as lot 49 on the proposed Site Plan. e) Remove the end duplex unit and one of the single family houses on the eastern side of Road "D" (shown as Shannon Glen Court on the proposed Site Plan). f) Decrease the number of townhouse units on the eastern side of Road "G" (shown as Tempelhof Mark Keller, Willow Glen Variation Request, January 14, 2010 2 Court on the proposed Site Plan) from 10 to 4, and decrease the number of units on the western side of Road "G" /Tempelhof Court from 12 to 6. g) Add 14 units of townhouses on the south side of Road "G" /Tempelhof Court along the southernmost property line adjacent to tax map parcel 32 -50. h) Remove the small pond (considered to be a "forebay ") shown on the Application Plan west of Road "D" /Shannon Glen Court. i) Decrease the size of the larger pond in the southeastern area of the project to.preserve the existing stream channel. j) Add a con -span bridge over a creek on Road "D" /Shannon Glen Court in lieu of box culverts, to preserve the .streambed. k) Modify pedestrian and vehicular access across the dam of the retention pond. n) Add a small pond between Road "D" /Shannon Glen Court and the end of Road "G" /Tempelhof Court to accommodate the stormwater on the south side of the project area. 3) Changes to phasing plans: o) Modify the phasing plan, as permitted by Section 8.5.53(b) of the Zoning Ordinance. The proposed phasing plan is shown on sheet 5 of the proposed Site Plan, entitled "Overall Phasing Plan." Additional sub - phases may be added later. 4) Minor changes to landscape or architectural standards: None requested. 5) Minor variations to street design: 1) Remove all specialty paving at intersections shown on the Application Plan. This letter serves to provide approval of the 15 variations in keeping with the depictions on the Final Road and Site Development Plans, prepared by Terra Concepts, PC, dated October 24, 2008, and the attached application. Please remember that all Proffers remain in effect and must be satisfied. The analysis of the variation request is provided below: Section 8.5.5.3 allows the director of planning to grant minor variations of the types requested, as long as: 1. The variation is consistent with the goals and objectives of the comprehensive plan. When the rezoning for Willow Glen was approved, the Board of Supervisors also approved a Comprehensive Plan Amendment. As a result of that amendment, the area is now designated. Urban Density Residential. These variations are consistent with the goals and objectives of the comprehensive plan, as amended. 2. The variation does not increase the approved development density or intensity of development. There is no increase in the number of dwelling units; in fact, the current site plan shows two units fewer than the 234 units that were approved with the rezoning. 3. The variation does not adversely affect the timing and phasing of development of any other development in the zoning district. Willow Glen is the only development in this PRD- Planned Residential District. As such, it can be developed with these variations without affecting the timing and phasing of any other developments. 4. The variation does not require a special use permit. Mark Keller, Willow Glen Variation Request, January 14, 2010 3 None of the specific variations requested requires a special use permit. 5. The variation is in general accord with the purpose and intent of the approved rezoning application. The proposed variations are in general accord with the approved rezoning. If you have any questions or need additional information , please contact Judy Wiegand or myself at 296- 5832, Sincerely, V. Wayne Ci imberg L Director of Planning CC: Judith Wiegand, Senior taninier Amelia McCulley, Head of Zoning Glenn Brooks, County Engineer Valerie W. Long Williams Mullen 321 E. Main Street, Suite 400 Charlottesville, VA 22902 Mark Keller, Willow Glen Variation Request, January 14, 2010 4 APPLICATION FOR VARIATIONS FROM APPROVED PLANS, CODES AND STANDARDS OF DEVELOPMENT WILLOW GLEN ZMA 2006 -00019 1. Describe the variation being sought: The Board of Supervisors approved the project known as "Willow Glen" on October 10, 2007 as ZMA 2006- 00019, along with CPA 2006 -003. The property was rezoned from RA to Planned Residential Development, subject to. an Application Plan prepared by Terra Concepts, PC dated September 17, 2007 (the "Application Plan "). The Applicant is requesting the following variances of the approved Application Plan for Willow Glen, as shown in more detail on the site plan application prepared by Terra Concepts, PC dated May 27, 2008 entitled "Final Road and Site Development Plans for Willow Glen" (the "Site Plan ") which was recently submitted to the Department of Community Development. On the original Application Plan, the roads were described as Roads A through G. The Site Plan has proposed more descriptive names for each road. a) On the northwest boundary of the property off of Road "E" (shown as Trudeau Court on the proposed Site Plan), the Applicant would like to remove one of the three proposed buildings (labeled F) which contains 16 dwelling units. In place. of the deleted building, the Applicant will increase the size of "The Quad" green space and add additional parking spaces. The Applicant will also be removing the parking area shown on.the Application Plan to the east (between the remaining two buildings and the Deerwood Neighborhood). The other two buildings in this area will remain (these buildings are shown as buildings E and F on the Site Plan) although the number of units in each will increase from 10 to 12. b) Add 13 units of townhomes on the southwest side of Road `.`E" (shown as Trudeau Court on the proposed Site Plan). c) Remove l townhome unit on the northeast side of Road "E " /Trudeau Court (between lot 98 on the proposed Site Plan and the curved portion of Trudeau Court. d) Substitute the end duplex unit on the northeast end of the curve of Road "C" (shown as Heathrow Glen Circle on the proposed Site Plan) with a single family detached unit. Such detached unit would be located on what is designated as lot 49 on the proposed Site Plan. Mark Keller, Willow Glen Variation Request, January 14, 2010 5 e) Remove the end duplex unit and one of the single family houses on the eastern side of Road "D" (shown as Shannon Glen Court on the proposed Site.Plan). f) Decrease the number of townhouse units on the eastern side of Road "G" (shown as Tempelhof Court on the proposed Site Plan) from 10 to 4, and decrease the number of units on the western side of Road "G" /Tempelhof Court from 12 to 6. g) Add 14 units of townhouses on the south side of Road "G" /Tempelhof Court along the southernmost property line adjacent to tax map parcel 32 -50. h) Remove the small pond (considered to be a "forebay ") shown on the Application Plan west of Road "D" /Shannon Glen Court. i) Decrease the size of the larger pond in the southeastern area of the project to preserve the existing stream channel. j) Add a con -span bridge over a creek on Road "D" /Shannon Glen Court in lieu of box culverts, to preserve the streambed. k) Modify pedestrian and vehicular access across the dam of the retention pond. 1) Remove all specialty paving at intersections shown on the Application Plan. m) Amend in the minimum Lot and Yard Requirements as shown on Table 2 of the Application Plan, as permitted by Section 8.5.5.3.a.1 of the Zoning Ordinance. The proposed modification to Table 2 showing the slightly smaller minimum lot and yard requirements is shown on Sheet 7 of the proposed Site Plan. n) Add a small pond between Road "D" /Shannon Glen Court and the end of Road "G" /Tempelhof Court to accommodate the stormwater on the south side of the project area. o) Modify the phasing plan, as permitted by Section 8.5.5.3(b) of the Zoning Ordinance. The proposed phasing plan is shown on sheet 5 of the proposed Site Plan, entitled "Overall Phasing-Plan." Additional sub - phases may be added later. 2. , What is the reason for each of the requested variations? The Applicant is requesting these variances as a result of a desire to implement certain project design suggestions from the Department of Environmental Quality's ( "DEQ ") consultant.. The modifications. requested in this application assist the Applicant in minimizing I the environmental impacts of the project. The vast majority of the proposed changes are being requested in order to mitigate the environmental impact of the project. The Applicant has chosen to modify the Mark Keller, Willow Glen Variation Request, January 14, 2010 C.1 Application Plan to permit the two streams running through the Property to remain almost entirely in their natural state and limit the amount of piping necessary for the development. As a result, the Applicant is requesting the movement of several buildings and several units, but the proposed density of the project will not change significantly from the Application Plan. The Applicant is requesting (i) as a result of the DEQ consultant informing the Applicant of the need to relocate the amenity pond off of the stream channel. The Applicant is requesting 0) as a result of the DEQ consultant advising the Applicant of the benefits of retaining the natural state of the two streams which flow through the property. The Applicant determined that leaving the streams in their natural state would reduce the space available for the retaining pond but such a reduction in size would not affect the effectiveness of the pond. Therefore, the Applicant plans to reduce the size of the pond while maintaining its nature as an amenity of the project. The Applicant is requesting (k) in order to easily facilitate maintenance of the pond as well as encourage the pedestrian use of the pond as an amenity of the proj ect. The Applicant is requesting (m) to facilitate the changes referenced above, in that slightly smaller minimum lot and yard requirements are needed to provide room for the other changes discussed herein. In addition to modifying the plan to permit the natural flow of the streams, the Applicant intends to create an additional pedestrian connection to the central green for the residents living in units to the northeast and southeast areas of the project, to encourage greater use of enjoyment of the central green. The Applicant is requesting (o) to permit more phases in the development, which will provide greater flexibility during the life of the project, in light 'of current market conditions and challenges. The first phase continues to include the major road infrastructure, including the important connection to Town Center Drive. 3. 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. a) Is the variation consistent with the goals and objectives of the comprehensive plan? Yes, the variations are consistent with the comprehensive plan goals for this district. As noted above, the Board of Supervisors approved a Comprehensive Plan Amendment for this property at the same time it approved the rezoning Mark Keller, Willow Glen Variation Request, January 14, 2010 16140130 7 request. The property is now designated under the land use plan for.Urban Density Residential use, and the requested variations do not conflict with that designation in any way. The variations requested will actually make the project even more consistent with the Neighborhood Model principals, in that it will facilitate an improved plan that better demonstrates the principle of site planning that respects terrain. It will also continue to reflect the important principles of having a variety of type of housing, open space, a network of streets and pedestrian paths, and buildings and spaces of human scale, among other principles. b) Does the variation increase the approved development density or intensity of the development? No, the proposed variations would not increase the approved density or.intensity of the development. The currently approved Application Plan permits 234 units, and the variation is not proposing to increase this amount. Although the proposed modification only shows 232 units, the Applicant desires to preserve the right for the remaining two units in the future. c) Does the variation adversely affect the timing and phasing of development of any other development in the zoning district? The variances requested do not affect the timing and phasing of this.project nor any other development in the zoning district. The variances requested are minor internal shifts that do not affect any other development in the zoning district. d) Does the variation require a special permit? No, none of the variances requested require a special permit. e) Is it in general accord with the purpose and intent of the approved rezoning application? Yes, the Application Plan, as revised with the requested variances, would continue to be in general accord with the purpose and intent of the approved rezoning application. All of the major components of the Application Plan remain intact, such as the large central green, the network of streets and sidewalks, the critical connection to Town Center Drive, and the mixture of housing types. The proposed internal shifts in unit location and pond size and location will enable a more environmentally sensitive development without having any impact on these elements, and their relationships will remain the same.