HomeMy WebLinkAboutSUB201600004 Staff Report 2016-06-02AGENDA DATE: 6/8/2016
TITLE:
SUB201600004 Briarwood Variation to the Phasing Plan
SUBJECT/PROPOSAL/REQUEST: Special exception to allow a variation to the phasing plan
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley, Walker, Kamptner, Benish, Yaniglos, Perez
PRESENTER (S): N/A
LEGAL REVIEW: No
REVIEWED BY: Choose an item.
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) and over the years
has been granted multiple variations to the phasing of the application plan to allow for changes in the size
of lots to react to market demands. With this special exception request the applicant is seeking a variation
to the phasing plan for the development as authorized by County Code § 18-8.5.5.3.
STRATEGIC PLAN: Goal 3: Development Areas - Attract quality employment, commercial and high
density residential uses into development areas by provided services and infrastructure that encourage
redevelopment and private investment while protecting the quality of neighborhoods.
DISCUSSION: The applicant's request is for a special exception to modify the phasing plan to react to the
current market and builder demands and fulfill the maximum lot counts permitted in phase 4 and phase 6.
The current lot layout for phase 4 yields 58 lots, based on the desired lot sizes. This lot count exceeds the
maximum lots permitted in phase 4, which is 52. The current lot layout of phase 6, based on the updated
County mapping of the preserved slopes can only accommodate 20 lots; however, this phase is permitted
31 lots. The applicant requests a special exception to vary the phasing lines between phase 4 and phase 6
to accommodate the permitted lot yields per phase. 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 pursuant to Proffer #9. With this variation, phase 4 would be
returned to its original lot boundaries per the amended application and phasing plan for ZMA2004-14.
The applicant submitted a request and justification for the special exception by letter dated January 4,
2016, which was updated on May 18, 2016, to address staff comments (Attachment A) with the revised
phasing plan dated March 19, 2016 (Attachment B). The request has been reviewed for zoning,
engineering and planning aspects of the zoning regulations and staff finds no objection. This special
exception would allow the revised phases as depicted on "Briarwood Phasing Letter of Revision" prepared
by Collins Engineering, dated March 19, 2016 to become the phasing plan for Briarwood. County Code
§ 18-8.5.5.3 allows special exceptions to vary approved Application Plans and Codes of Development upon
considering whether 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. County Code § 18-33.5(a)(1) requires that any request for a variation be considered
and acted upon by the Board of Supervisors as a special exception. Staff opinion is that the requested
variation meets the five criteria listed. A detailed analysis is provided in the staff report (Attachment C).
BUDGET IMPACT: There is no budget impact related to this special exception request
RECOMMENDATION:
Staff recommends that the Board adopt the attached Resolution (Attachment D) approving this special
exception request.
ATTACHMENTS:
A) Application for Variation
B) Briarwood Existing and Proposed Phasing Plan
C) Staff Report
D) Resolution
RESOLUTION TO APPROVE SPECIAL EXCEPTION
FOR SUB 2016-00004 BRIARWOOD VARIATION TO THE PHASING
WHEREAS, Woodbriar Associates (the "Owner") is the record owner of Tax Map and Parcel
Number 032GO-00-00-00100 (the "Property"); and
WHEREAS, the Owner (through Collins Engineering) filed a request for a special exception in
conjunction with SUB 2016-00004, Briarwood Variation to the Phasing, to modify the boundaries of Phase 4
and Phase 6 as depicted on the phasing plan prepared by Collins Engineering entitled `Briarwood Phasing
Letter of Revision", dated March 19, 2016.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the executive
summary prepared in conjunction with the application, and its supporting analysis, and all of the factors
relevant to the special exception in Albemarle County Code §§ 18-8.5.5.3, 18-33.5, and 18-33.9, the
Albemarle County Board of Supervisors hereby approves the special exception to modify the boundaries of
Phase 4 and Phase 6, as depicted on the phasing plan prepared by Collins Engineering entitled `Briarwood
Phasing Letter of Revision", dated March 19, 2016 and attached hereto, by moving land from Phase 4 into
Phase 6, but with the maximum number of dwelling units permitted within each phase unchanged.
I, Travis O. Morris, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as
recorded below, at a regular meeting held on
Ave hLay
Mr. Dill
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Mr. Sheffield
Senior Deputy Clerk, Board of County Supervisors
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