HomeMy WebLinkAboutSDP201600018 Resolution - Board of Supervisors Initial Site Plan 2016-11-04 Ililie
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
November 4, 2016
Justin Shimp
Shimp Engineering
201 East Main Street, Suite M
Charlottesville, Va 22902
RE: SDP201600018 Better Living Berkmar-Special Exception
Dear Mr. Shimp,
The Albemarle County Board of Supervisors, at its meeting on, October 12, 2016 adopted the attached
resolution approving the special exception to modify the setback requirements.
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,
/ /
David Benish
(Acting)Director Planning
Planning Division
CC: B Properties LC
2PO Box 7627
Charlottesville VA 22906
*Attachment*
RESOLUTION TO APPROVE SPECIAL EXCEPTION
FOR SDP 2016-00018 BETTER LIVING BERKMAR
WHEREAS,B Properties,LC(the"Owner")is the owner of Tax Map and Parcel Numbers 04500-
00-00-112B0 and 04500-00-00-112A0(the"Property");and
WHEREAS,the Owner filed a request for a special exception in conjunction with SDP 2016-00018,
Better Living,to modify the front setback requirements of County Code§;18-4.20(a)(2)to increase the
maximum front setback from 30'to 83';to modify the side setback requirements of County Code§ 18-
4.20(a)(3)to reduce the side setback for the proposed building from 50'to 20' and to eliminate the side
setback for the proposed parking area;and to waive the buffer zone requirements of County Code§ 18-
4 21.7(c)to allow the disturbance of the 20' buffer zone along the southern property line for the construction of
the proposed parking.
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
4 relevant to the special exception in Albemarle County Code§§ 18-4.20(a)(2), 18-4.20(a)(3), 18-21.7(c)and
18-33.9,the Albemarle County Board of Supervisors hereby approves the special exception to modify the
front setback requirements of County Code § 18-4.20(a)(2)to increase the maximum front setback to 63';to
modify the side setback requirements of County Code§ 18-4.20(a)(3)to reduce the side setback for the
proposed building to 20',to waive the side setback requirements of County Code § 18-4.20(a)(3)to eliminate
Ithe side setback requirement for the proposed parking area,and to waive the buffer zone requirements of
County Code§ 18-21.7(c)to allow the disturbance of the 20' buffer zone along the southern property line for
I the construction of the proposed parking.
Claudette K.Borgersen,do herebycertifythat the foregoing writingis a true,correct copyof a
I, g � g g
Resolution duly adopted by the Board of Supervisors of Albemarle County,Virginia,by a vote of six to zero,
1 as recorded below,at a regular meeting held on October 12,2016.
Clerk,Board of County Sup visors
Aye Nay
Mr.Dill Y
I Ms.Mallek Y
Ms.McKeel Y
Ms.Palmer Y
Mr.Randolph Y
I Mr. Sheffield Y
i
•
41-1
10/12/2016 Albemarle County-File#: 16-576
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File#: 16-576 Version: 1 Nam':
Type: Special Exception Status: Consent Agenda
File created: 9/20/2016 In control: Board of Supervisors
On agenda: 10/12/2016 Final action:
Title: SDP201600018 Better Living Berkmar-Special Exceptions to Setbacks
Attachments: 1.Attachment A Special Exception Request Revised 9.2.16.PDF,2.Attachment B Site Plan(SDP2016-18 Better Living Berkmar).pdf,3.Attachment
C-Staff Analysis(rev).pdf,4.Attachment D-Current Zoninq and Places 29 Master Plan Land Use.pdf,5.Att.E Resolution
Executive Summary
AGENDA DATE: 10/12/2016
TITLE:
SDP201600018 Better Living Berkmar-Special Exceptions to Setbacks
SUBJECT/PROPOSAL/REQUEST: Resolution approving three special exceptions to various setback requirements.Rio Magisterial District.
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley,Walker, Flair,Benish,Yaniglos,Perez
PRESENTER(S): NA
LEGAL REVIEW: Yes
REVIEWED BY:Thomas C.Foley
BACKGROUND: The Applicant proposes to construct a two story building with associated parking,leasable office space,and outdoor storage and supply
pick-up areas for the relocation of Better Living Building Supply to two parcels on Berkmar Drive(Attachment B).Three(3)special exceptions are requested:
1)to increase the required maximum front setback;2)to reduce the required side setback for the proposed building and to eliminate the required side
setback for the proposed parking;and 3)to permit the disturbance of the required buffer zone.
STRATEGIC PLAN:Goal 3-Development Areas:Attract quality employment,commercial,and high density residential uses into development areas by
providing services and infrastructure that encourage redevelopment and private investment while protecting the quality of neighborhoods,Goal 4-Economic
Prosperity: Foster an environment that stimulates diversified job creation,capital investments,and tax revenues that support community goals.
DISCUSSION: County Code§§ 18-4.20 and 18-21.7 authorize the Board to approve special exceptions to modify or waive the County's setback
requirements pursuant to County Code§§ 18-33.5 and 18-33.9.It is staff's opinion that granting these special exceptions creates consistency throughout the
block and recognizes the intended direction of development pursuant to the Comprehensive Plan,while making possible an improved site design that brings
the main building closer to compliance with the maximum front setback and facilitating a unique parking and circulation pattern for the proposal.See
Attachment C for staff analysis of the request.
BUDGET IMPACT:No budget impact will result from authorizing these special exceptions.
RECOMMENDATION:
Staff recommends that the Board adopt the attached Resolution(Attachment E)approving the three(3)special exceptions.
ATTACHMENTS:
A-Special exception requests
B-Site plan sheet depicting proposed development
C-Staff analysis of the request
D-Current Zoning Map and the Places 29 Masterplan Land Use Plan
E-Resolution
https//abemarle.legistar.com/LegislationDetail.aspx%ID=2854225&GUID=00741 E4B-F306-4BB7-AE09-86FB9F22DCF9&FullText=1 1/1
a r
AGENDA DATE: 10/12/2016
TITLE: SDP201600018 Better Living Berkmar- Special Exceptions to Setbacks
SUBJECT/PROPOSAL/REQUEST: Resolution approving three special exceptions to various setback
requirements. Rio Magisterial District.
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley,Walker,Kamptner,Benish, Yaniglos,Perez
PRESENTER(S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: B Properties, LC owns two parcels of land;Tax Map Parcels 04500-00-00-112B0 and 04500-
00-00-112A0, that are the subject of an initial site plan entitled SDP2016-18 Better Living Berkmar Drive,which is
currently under review by the County for the construction of a new two story building with a basement to house and
relocate Better Living Building Supply and add leasable office space. Additionally, outdoor storage and supply
pickup are proposed at the rear of the property. To accomplish the variety of uses and the unique parking and
circulation needs of the proposal three(3) special exceptions are requested. Special Exception#1 to increase the
front maximum setback to 83 feet, Special Exception#2 to waive the 20 feet side setback for parking adjacent to a
residential district and to allow a structure to locate closer than 50 feet to a residential district, Special Exception#3
to disturb and place improvements within the 20 foot undisturbed buffer adjacent to a residential district.
STRATEGIC PLAN: Goal 3 -Development Areas: Attract quality employment, commercial, and high density
residential uses into development areas by providing services and infrastructure that encourage redevelopment and
private investment while protecting the quality of neighborhoods. Goal 4-Economic Prosperity: Foster an
environment that stimulates diversified job creation,capital investments, and tax revenues that support community
goals.
DISCUSSION: County Code § 18-4.20 and § 18-21.7 authorize the Board of Supervisors to approve special
exceptions to modify or waive the setback requirements of the ordinance as provided for in§ 18-33.5 and § 18-
33.9. It is staff opinion that granting these special exceptions creates consistency throughout the block and
recognizes the intended direction of development pursuant to the Comprehensive Plan,while making possible an
improved site design that brings the main building closer to compliance with the maximum front setback and
facilitating a unique parking and circulation pattern for the proposal. See Attachment C for staff analysis of the
request.
BUDGET IMPACT: No budget impact will result from authorizing these special exceptions.
RECOMMENDATION: Staff recommends that the Board of Supervisors adopt the attached Resolution
(Attachment E)approving the special exceptions to modify and/or waive the setback requirements as described in
the attached staff analysis.
ATTACHMENTS:
A—Special exception requests
B—Site plan sheet depicting proposed development
C—Staff analysis of the request
D—Current Zoning Map and the Places 29 Masterplan Land Use Plan
E—Resolution
Nue, Noe
WILLIAMS MULLEN
Direct Dial: 434.951.5709
vlong@williamsmullen.com
June 27, 2016
(revised September 2, 2016)
VIA Email: cperezaalbemarle.orq
Chris Perez, Senior Planner
Albemarle County Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Re: Better Living Berkmar Drive
Special Exception Requests for SDP201600018
Dear Mr. Perez:
B Properties, LC is the owner (the "Owner) of two parcels of land identified as Albemarle County
tax map parcel 45-112B and 45-112A (the "Property") that are the subject of an initial site plan
application entitled "Better Living Berkmar Drive" and identified as SDP 2016-00018 (the "Site
Plan Application"). The Site Plan Application is currently under review by the County for the
construction of a new building to house Better Living Building Supply, including office space and
outdoor storage and supply pick up on the rear of the property. To accomplish this variety of
uses and the unique parking and circulation needs on this particular site, three special
exceptions are requested.
Better Living Building Supply was established in Charlottesville 123 years ago by the Barksdale
and Graves/Nunley family (Mrs. Nunley's maiden name was Julia Watson Graves) in 1893 and
has been in continuous operation ever since. The company moved from its downtown
Charlottesville location to the existing location in Albemarle County in 1981 and continues to be
owned and operated by the Nunley family. The Nunleys desire to maintain as much of their
business in Albemarle County as possible at the new location on Berkmar Drive at the Property.
The Property has been zoned Highway Commercial for decades, and as far as we have been
able to determine, at least since 1980, and possibly earlier.
On behalf of the Owners, we formally request the following special exceptions to accompany the
review of SDP201600018:
Special Exception #1: 4.20- SETBACKS AND STEPBACKS IN CONVENTIONAL
COMMERCIAL AND INDUSTRIAL DISTRICTS (Maximum Front Setback)
Front Maximum
30 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-
way,provided that this maximum setback shall not apply to any structure existing on June 3, 2015 and to
any structure depicted on an approved final site plan that is valid on June 3, 2015 as having a front
setback greater than 30 feet;none, on any lot, including a corner lot, abutting a principal arterial highway
321 East Main Street,Suite 400 Charlottesville,VA 22902 T 434.951.5700 F 434 817.0977
williamsmullen.com A Professional Corporation
WILLIAMS MULLEN
Chris Perez
September 2, 2016
Page 2
The maximum front setback may be increased by special exception to accommodate low impact design,
unique parking or circulation plans, or a unique target market design.
As noted above, the Property has been zoned Highway Commercial for decades, and the family
has long planned to relocate its Building Supply business there at the point that the current
facility was no longer a good fit. Justin Shimp of Shimp Engineering, and previously of
Dominion Engineering, has been working with the Nunley family for over five years in planning a
building on the Property that could accommodate the Building Supply business in the event it
needed to be relocated there. For the four decades (or more) that the Property has been zoned
HC, the HC zoning district did not include any maximum setback requirement. Just one year
ago, this all changed with the adoption of the new maximum setback of 30 feet in HC district,
which is a significant change for a by-right use, and especially for land that has been in
continuous ownership for so long. While this maximum setback might be fairly easy to
incorporate into a site design when a landowner had time to plan and prepare for it, such as a
part of a comprehensive rezoning, it is a significant change and impact for a by-right use that
has been allowed on the Property for many decades and that has been planned for over five
years. To have to suddenly redesign the project to accommodate this brand-new requirement
imposed on the Property so recently, when it was not planned for, is a hardship on the Owners,
and we contend that the Property and the proposed development merits the granting of a
special exception to permit the setback to be larger, for the reasons discussed herein.
At the request (but significantly, not the requirement) of the County staff, the Owner has agreed
that, conditioned upon final approval of the proposed site plan for the project, to voluntarily set
aside twenty feet of the Property along the entire Berkmar frontage to accommodate the future
widening and improvement of Berkmar Drive. We have been told that it would be nearly
impossible to widen the western side of Berkmar due to its topography, and that the eastern
side is the most realistic. Thus, the Owner has agreed to accommodate this future widening on
the Property as part of the approval of the final site plan, even though it is not required as part of
the Site Plan.
The official special exception request is for an increase of the maximum front yard setback from
30 feet to 83 feet. However, given the Owner's conditional willingness to set aside 20 feet of the
Property for the future widening of Berkmar Drive, the effective request is for an increase from
30 feet to 63 feet, if one were to measure from the line marked "Future 20' R.O.W. Dedication"
on sheet C3 of 6 of the Site Plan. But since that dedication is in the future, the technical request
is for the setback to be to 83 feet.
The proposed setback accomplishes three important goals for this specific site. Within the 83
feet, 20 feet of that length has been marked for the future improvements and widening of
Berkmar Drive. 18 feet of the setback is primarily dedicated to providing ADA parking that is
most convenient to the entrance to Building A as shown on the initial site plan. The remainder
of the setback space is needed for a circulation aisle for the parking spaces and landscaping
along the frontage of the site. The proposed development will provide a new building and
location for Better Living Building Supply. The site, which is long and narrow, will accommodate
three separate uses, each with their own needs and specifications. More than half of the site is
dedicated to the loading and storage of building supplies. For safety and security purposes, the
rear area of the site where this use is located, will be fenced off and secured by a gate house.
WILLIAMS MULLEN
Chris Perez
September 2, 2016
Page 3
Parking for employees is relegated behind the building. The retail component is located in the
proposed building on the front portion of the site. To provide the needed customer and ADA
parking in a location that is convenient to the retail entrance on the front of the building, spaces
have been shown to the front and side of the building. This careful usage of space allows for all
three site components to function successfully, but also safely and conveniently while also
meeting the County's requirements for landscaping and future expansion of Berkmar Drive onto
the Property.
Specifically, it is important that the customers going to the various areas of the building are
separated from each other to reduce conflicts and maintain the highest levels of safety. For
example, customers and contractors who are coming to the Property to pick up lumber or
special orders from the building supply business will park in either one of the eight spaces along
the north side of the building, or in one of the 10 spaces on the east/back side of the building,
for the entrance to the Building Supply business will be in the basement of the building on the
back/north side of the building.
By contrast, it is important that customers shopping at the retail uses on the upper floor of the
building, with entrances along Berkmar and along the south side of the building, not be parking
in the spaces on either the north or east/back side of the building, which will be at a lower level.
In addition, delivery trucks will frequently use the driveway along the north side of the building,
so it is important to keep the retail customers who are not there for picking up lumber and
special orders away from that area to minimize conflicts and congestion with those delivery
vehicles.
Employee and customer vehicles will be parked in the spaces in the very back of the building.
Better Living currently has 41 employees and plans to retain all 41 employees at the new
location. In addition, the company has 8-10 company vehicles used for the business, including a
company pick-up, sales cars for the cabinet sales team, and a van for the cabinet installation
team. Finally, there are often sales representatives and other non-customer/non-employees at
the business who will also need parking. John Nunley and Justin Shimp at Shimp Engineering
have worked hard to provide sufficient parking at the site to address all these needs, but while
keeping the number as low as reasonably possible.
In addition, the Owner has carefully designed the Site Plan to comply as much as possible with
the maximum setback by shifting the vast majority of the parking originally planned for the front
of the building to the side. This presents challenges for the retail space, and creates the need
for the two additional special exception requests below, but the Owner was willing to make the
change to demonstrate efforts to meet the goals and spirit of the new maximum setback, even if
total compliance could not be achieved given the unique parking and circulation plans for the
Property and the project.
However, by shifting the parking spaces from the front to the south side of the building, to
access the spaces on the south side of the building, a travelway is required along the front of
the Property. The travelway is located as close as possible to Berkmar while still complying with
the Virginia Department of Transportation ("VDOT") requirement that there be a minimum of 50
feet between the edge of the pavement at Berkmar and the start of the travelway. This
requirement is to prevent cars turning into the travelway from backing up in the driveway and
WILLIAMS M U LLEN
Chris Perez
September 2, 2016
Page 4
into Berkmar Drive. Moving Building A closer to Berkmar, even with the current right-of-way line,
would prevent the project from complying with that VDOT requirement. Therefore, given the
unique parking and circulation plan, which creates the need for the travelway, it is not feasible to
move the building any closer to Berkmar Drive than it is already located.
Finally, we ask that you consider the fact that the Owners have been working on plans to
develop the property with a building in this location for many years, back to 2008. The Owners
and their civil engineer began designing plans for the building at this location, with substantial
parking in front of the building, as was allowed at the time. However, on June 3, 2015, after
working on the design for over seven years, the zoning ordinance was amended to require the
30-foot maximum building setback. As a result, the Owners and their engineer had to revise
their plans to attempt to incorporate the new setback requirement.
Thus, because of all of these unique parking and circulation plans affecting the Property and the
project, implementation of the 30-foot maximum setback is not feasible, practical, or safe. In
addition, this new maximum setback requirement is a significant burden on a by-right use that
has been permitted for at least 36 years, has been in the design process for over seven years,
and suddenly has to redesign its project to comply with the new requirement.
For all of these reasons, we request that the Board grant the special exception request so that
this local business, which has been in continuous ownership and operation by the Nunley family
for 123 years, may relocate their business to the Property and continue to operate in Albemarle
County for years to come.
Special Exception #2: 4.20 SETBACKS AND STEPBACKS IN CONVENTIONAL
COMMERCIAL AND INDUSTRIAL DISTRICTS (Minimum Parking Setback)
Side and Rear Minimum
If the abutting lot is zoned residential, rural areas, or the Monticello Historic district: (i) no portion of any
structure, excluding signs, shall be located closer than 50 feet from the district boundary; and(ii) no off-
street parking or loading space shall be located closer than 20 feet to the district boundary.
In order to locate Building A as close as possible to the Berkmar Drive frontage of the property,
and thus get as close to complying with the new 30 foot maximum setback imposed upon the
Property, parking for the retail component of the site that would have previously been located in
front of Building A has been relegated to the side of the building. As mentioned before, the
proposed parking and circulation layout is needed to serve the various components of the site.
The property that is immediately south of the project is currently zoned R-6 Residential,
meaning that the southern property line of the site forms the district boundary for the Highway
Commercial zoning district and requires that parking be setback a minimum of 20 feet. Due to
the narrow width of the Property, one row of retail parking is designed within portions of the 20
foot parking setback. This movement of parking from the front setback to the side setback helps
to prioritize the Berkmar Drive frontage as an Entrance Corridor and the front door to the
property. Although the adjacent property is currently zoned R-6, the Places 29 Masterplan Land
Use Plan designates these parcels as Office/ R & D/ Flex/ Light meaning that the existing
WILLIAMS MULLEN
Chris Perez
September 2, 2016
Page 5
zoning is not aligned with the vision for this area. Within the entire block there are no residential
uses and no other properties zoned residential. It is also our understanding that the owners of
those parcels have officially submitted an application to rezone the properties to a commercial
zoning. If that rezoning were to be approved, the 20 foot parking setback would no longer be
applicable. Granting this Special Exception creates consistency throughout the block, and
recognizes the intended direction of development pursuant to the Comprehensive Plan, and
makes possible an improved site design that brings the Building A closer to compliance with the
new 30-foot maximum setback. For all of these reasons, we request that the Board of
Supervisors grant this special exception request.
In addition as part of this same request, we request that the Board of Supervisors also permit
Building D shown on the site plan to be closer than 50 feet to the R-6 Residential zoned parcel.
A portion of Building D (which is a storage shed) is adjacent to the R-6 parcel and is located
only 22 feet from the property line. This is necessary to allow sufficient space between Building
D and Building B shown on the plan for loading equipment to safely load and transport lumber
and other building supplies within the area shown as "Loading & Storage Area" on the site plan.
Again, the relatively narrow width of the parcel is challenging. With the proposal by the owners
of the R-6 property to rezone it to commercial use, we believe this request is reasonable under
the circumstances for the same reasons as described above.
Special Exception#3: 21.7 (c) Buffer
Buffer zone adjacent to residential and rural areas districts.
No construction activity including grading or clearing of vegetation shall occur closer than twenty(20) feet
to any residential or rural areas district. Screening shall be provided as required in section 32.7.9. The
board of supervisors may waive by special exception the prohibition of construction activity, grading or the
clearing of vegetation in the buffer in a particular case upon consideration of whether: (i) the developer or
subdivider demonstrates that grading or clearing is necessary or would result in an improved site design;
(ii) minimum screening requirements will be satisfied; and(iii) existing landscaping in excess of minimum
requirements is substantially restored.
The unique combination of the shape of the proposed Better Living site and the development
program necessitates clearing and grading of portions of the 20 foot buffer zone designated on
the southern property line adjacent to the parcels that are currently zoned R-6 Residential. As
discussed in Special Exception Request#2, the site plan locates one row of parking within the
20 foot buffer zone. To construct the proposed parking, clearing and grading will be necessary.
The site was originally designed with a double loaded parking lot in front of the building. As a
result, the building would have been over 100 feet from the property line with two rows of
parking in front of the building along Berkmar Drive. Moving more parking to the side of the
building is an option that respects the goals of the new maximum setback requirements while
also bringing the building as far forward as possible for this particular site. Thus, as
contemplated by the special exception criteria, this required grading and clearing will result in an
improved site design.
In addition, the minimum screening requirements will be satisfied. Pursuant to the screening
requirements contained in Section 32.7.9, a fence measuring 6 feet will be provided along the
edge of the parking lot to provide adequate screening between the parking lot and the adjacent
property if the adjacent property ever actually develops as a low-density residential use. Given
WILLIAMS M U LLE N
Chris Perez
September 2, 2016
Page 6
the active commercial rezoning application for the adjacent property, this buffer zone will likely
not be applicable.
Given that the criteria in Section 21.7(c) has been satisfied, and given the other unique facts
described herein, we request that the Board grant the special exception request to disturb the
buffer adjacent to a residential district.
Thank you for your assistance during this process, and we appreciate your consideration of
these three Special Exception requests. We appreciate the County working with us to find
solutions at this site to retain Better Living Building Supply in Albemarle County. By approving
this request, we can ensure that their legacy, local presence, and outstanding support for the
community continues well into the future. Please let us know if you need any additional
information to process this request.
Sincerely,
Lhit,,(1,0iC (Ai
Valerie W. Long
cc: John Nunley, Better Living Building Supply/B. Properties L.C,
Justin Shimp, PE, Shimp Engineering
312031604 docx
Attachment C
STAFF PERSON: Christopher P.Perez
BOARD OF SUPERVISORS: October 12,2016
Staff analysis of the special exception requests to setback requirements
Each special exception request has been reviewed for zoning and planning aspects of the applicable regulations.
Special exceptions are considered by the Board under Chapter 18 Sections 33.5 and 33.9. 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. Staff analysis of the Applicant's request for special exceptions to modify the
requirements of County Code § 18-4.20(a)(2)and 18-4.20(a)(3),and to waive the requirements of County Code
§ 18-21.7(c),is provided below.
Special Exception#1 -To modify the front maximum setback as provided for in Chapter 18 Section 4.20(a)2.
Front Maximum: 30 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the
right-of-way
The maximum front setback for a new building proposed in the Highway Commercial(HC)zoning district is 30 feet
from the right-of-way. Section 4.20(a)2 allows this setback to be increased by special exception to accommodate
low impact design,unique parking or circulation plans, or a unique target market design. The applicant requests to
increase the maximum front setback to 83 feet. As part of the request the applicant has agreed to reserve 20 feet of
frontage along Berkmar Drive for future dedication upon demand of the county for the planned future widening of
Berkmar Drive,thus the net effect of the request is to increase the maximum front setback to 63 feet post dedication.
Planning and zoning staff support this special exception request because it is essential to the design of the current
proposal and meets the required findings to approve a special exception under Section 4.20(a)2.
Staff analysis is provided as follows: The site negatively slopes away from Berkmar Drive. In an effort to avoid
massive amounts of grade and fill the developer has taken advantage of the hillside by incorporating the natural
topography into the design of the building and layout of the site,which is made up of a two story building with a
basement and outdoor storage yard at the rear of the property. The top floor of the building houses the retail
component of the site and will be accessed at ground level from the front of the building facing Berkmar Drive,the
floor below is intended for office space and is accessed by the north entrance,and the basement overlooks the
outdoor storage yard and will house special orders and customer pickups and is accessed at the rear of the building.
This building design allows for a unique parking and circulation pattern that relegates the majority of the parking for
the various uses to the sides and to the rear of the building and helps separate customer traffic from product delivery
traffic.
The design of the site relies heavily on a travelway that fronts the property and runs parallel to Berkmar Drive.
VDOT requires a minimum of 50 feet between the edge of pavement at Berkmar and the start of the travelway.
Additionally,VDOT is requiring the site share an entrance with the adjacent property,TMP 45-112E,which is
currently under review by the County for a rezoning from R-6 zoning to Highway Commercial(ZMA2016-9
Wood/Von Storch—Rezoning).The shared entrance location and design has not been finalized at the time of this
request but is likely to require a travelway along the front of both properties in order to serve each development.
This too provides further justification for approval of the special exception.
In summary granting the special exception to increase the front maximum setback aids in the feasibility of this low
impact design,accommodates the unique parking and circulation patterns for the proposal,and allows the site to
meet the shared entrance requirement of VDOT.
Special Exception#2-To modify the side setbacks for parking and structures as provided for in Chapter 18
Section 4.20(a)3.
Side and Rear Minimums:If the abutting lot is zoned residential, rural areas, or the Monticello Historic district: (i)
no portion of any structure, excluding signs, shall be located closer than 50 feet from the district boundary; and(ii)
no off-street parking or loading space shall be located closer than 20 feet to the district boundary.If the abutting lot
is zoned commercial or industrial, any primary structure shall be constructed and separated in accordance with the
current edition of the Building Code
Section 4.20(a)3 allows the side setback to be modified or waived by special exception. The applicant requests to
locate parking within the 20 foot side setback and requests one of the storage sheds at the rear of the property be
Attachment C
located closer than 50 feet to the adjacent residentially zoned parcel. Planning and zoning staff support this special
exception request because of the findings in the analysis that follows.
As mentioned previously,the proposed parking and circulation layout of the site is needed to serve the various
components of the site. The properties immediately to the south of the project,TMP 45-112E and TMP 45-112, are
currently zoned R-6 Residential. The Highway Commercial zoning district requires that parking be setback a
minimum of 20 feet from residential districts. Due to the narrow width of the property,one row of retail parking is
designed within portions of the 20 foot parking setback. This movement of parking from the front setback to the side
setback helps to prioritize the Berkmar Drive frontage and aids in the relegation of parking to the side of the
building. As previously mentioned the adjacent property designated as Office/R&D/Flex/Light in the
Places 29 Masterplan has an active application in our office to rezone from R-6 to Highway Commercial
(ZMA2016-9 WoodNon Storch—Rezoning).If the rezoning is approved,the 20 foot parking setback will no longer
be applicable.
In addition,and as part of the same request the applicant seeks to permit`Storage Shed D' as depicted on the site
plan,to locate closer than 50 feet to the R-6 Residential zoned parcel.A portion of the building is located 20 feet
from the property line. If the rezoning were to be approved,the 50 foot building setback would no longer be
applicable.The reduction to the side setback is necessary for the current design of the site and allows sufficient
space between the various storage sheds to allow loading equipment to safely load and transport lumber and other
building supplies within the `Loading and Storage Area' as depicted on the site plan.
Based on the site's low impact design,unique parking and circulation pattern,the adjacent property's active
rezoning,and the Places 29 Masterplan Land Use Plan designation it seems reasonable to grant the special exception
to reduce or omit the side setback for structures.
Special Exception#3-To waive the 20 foot undisturbed buffer provision as provided for in Chapter 18
Section 21.7(c)
Buffer zone adjacent to residential and rural areas districts. No construction activity including grading or clearing
of vegetation shall occur closer than twenty(20)feet to any residential or rural areas district. Screening shall be
provided as required in section 32.7.9. The board of supervisors may waive by special exception the prohibition of
construction activity,grading or the clearing of vegetation in the buffer in a particular case upon consideration of
whether: (i)the developer or subdivider demonstrates that grading or clearing is necessary or would result in an
improved site design; (ii)minimum screening requirements will be satisfied;and(iii)existing landscaping in excess
of minimum requirements is substantially restored.
The combination of the shape of the proposed Better Living site,the unique parking and circulation pattern for the
proposal,and the VDOT requirement to share an entrance with the adjacent property requires improvements and
clearing/grading within portions of the 20 foot buffer zone designated on the southern property line adjacent to the
parcels that are currently zoned R-6 Residential.If the rezoning of the adjacent properties were to be approved the
buffer would no longer be applicable. As previously discussed in the analysis of Special Exception#2,the site plan
locates one row of parking within the 20 foot buffer zone. To construct the proposed parking, clearing and grading
within the buffer are necessary. Relegating the majority of the parking to the side and rear of the building respects
the goals of the new maximum setback requirements,resulting in an improved site design.The applicant intends to
meet the minimum screening requirements of the buffer by providing a 6 feet tall screening fence along the edge of
the parking lot to provide adequate screening between the parking lot and the adjacent property. Staff supports the
special exception to waive the buffer requirement.
RECOMMENDATION:
Staff recommends that the Board of Supervisors adopt the attached Resolution(Attachment E)approving the special
exceptions to modify and/or waive the setback requirements for reasons discussed above.
Current Zoning — Highway Commercial and R-6
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