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HomeMy WebLinkAboutSUB201600004 Request of Modification, Variance, Waiver Preliminary Plat 2016-06-08 f AGENDA DATE: 6/8/2016 TITLE: SUB201600004 Briarwood Variation to the Phasing Plan SUBJECT/PROPOSAUREQUEST: 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: 4 Spo 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 ire 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 032G0-00-00-00100(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 Senior Deputy Clerk,Board of County Supervisors Ave Nay Mr.Dill Ms.Mallek Ms.McKeel Ms.Palmer Mr.Randolph Mr.Sheffield -4 � r ditt 23 i r 1 • JP 20 m = C� /A w 41 oX 2. 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(1) , <O -a -. - I 1\ go 0 # , ; .: lk iir': to * i 1,1 X t%/4" % Rol ra la ii t % Nr m ? co z 4 � � c� War" i ams ,, g sem . 1 W *0'44 'ImIF MI 4••• o ft F t moo,ii 41. 4 i; ! WINN's Iwo"Alli t:\ • ' k.4‘,,* a E\,►'1 . i 0 rejlon i voviihra li, gg be. 44. - .b4ik .\,_ st,t, , , o ' i gsr , . ;,,; _ REVISIONS ® COLLINS ENGINEERING o /.0rAN 200 GARRETT STREET,SUITE K.-CHARLOTTESVILLE,VA 22902-434.293.3719 © raw wo rn«..Q., Mil Now ..1 ?, '§'g BRIARWOOD PHASING LETTER OF REVISION 4*4;nit 4,° g �a - LAYOUT ."<,.:•M,.,..,.,•.,,===.., ,..:wt. "m"5 , ,"..P... 1 „c=,17 E"m7 ...'' oma.. Application for `' Variations from Approved Plans, Codes and Standards of Development DATE: January 4, 2016-Updated May 18, 2016 NAME OF PLANNED DISTRICT: Briarwood Subdivision TAX MAP/PARCEL NUMBER(s): 32G-1 ZMA NUMBER(s): 1991-13, 1995-005, 2004-014, and 2005-009 Contact Person: Collins Engineering Address 200 Garrett Street, Suite K City Charlottesville State VA Zip 22902 Daytime Phone( 43j 293-3719 Fax#( ) E-mail scott@collins-engineering.com What type of change is requested? x❑ Variation to the Plan ❑ Variation to the Code or Standard 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): Modification to the Phasing of the Development-There is a portion of Phase 4 incorporating 7 lots at the intersection of Sunset Drive and Sparrow Lane and at the intersection of Sunset Drive and Jersey Pine that we are requesting to move out of Phase 4 and add them as part of Phase 6. What is the reason for each of the requested variations?: The current lot layout for the Phase 4 of portion of Briarwood yields about 58 lots, based on the desired lot layout and proposed lot widths. This total lot count exceeds the maximum number of units allowed in this phase(which is 52 lots). Phase 6, based on the updated County mapping of the preserved slopes, can only accommodate about 20+ lots, but this section has an allowable lot yield of 31 SFD lots. Therefore,the applicant is requesting a variation to modify the phasing lines to accommodate the proposed lot yields by amending the phasing lines between Phase 4 and Phase 6. This variation does not increase the overall density for the project, and no additional variations for the completion of the Briarwood project are anticipated. County of Albemarle Department of Community Development 401 McIntire Road Charlottesville,VA 22902 Voice: (434)296-5832 Fax: (434) 972-4126 3/9/09 Page I of 2 Cm STAFF PERSON: Christopher P. Perez BOARD OF SUPERVISORS: June 8,2016 Staff Report for SUB201600004 Briarwood variation to the phasing VARIATIONS FROM APPROVED PLANS. CODES.AND STANDARDS OF DEVELOPMENT The variation request has been reviewed for Zoning, Engineering, 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 analysis of each variation request under County Code§ 18-8.5.5.3(c)is provided below. VARIATION—TO VARY THE PHASING PLAN: The applicant submitted the following justification (Attachment A): "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 variation to modify the phasing lines to accommodate the permitted lot yields per phase by amending the phasing lines between phase 4 and phase 6." 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 of the comprehensive plan. Interconnections, a mix of housing types, buildings that are close to the street and open space will remain. 2) The variation does not increase the approved development density or intensity of development.The variation will not increase the approved density or intensity of development. The residential units and density within this development remain within the approved lot mix from ZMA 2004-014 and ZMA2005-09. 3) The variation does not adversely affect the timing and phasing of development of any other development in the zoning district.The variation does not adversely affect any timing or phasing of this or any other development. 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 purpose and intent of the approved rezoning. The development resulting from the variation continues to provide a mixture of housing types, interconnections, and open space in Briarwood. RECOMMENDATION: Staff recommends approval of the special exception for a variation to the Briarwood PRD(SUB201600004) Phasing Plan noted as"Briarwood Phasing Letter of Revision" prepared by Collins Engineering, dated March 19, 2016 as shown and described in Attachment B. r- 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 032G0-00-00-00100(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 Senior Deputy Clerk,Board of County Supervisors Aye Nay Mr. Dill Ms. Mallek Ms. McKeel Ms.Palmer Mr. Randolph Mr. Sheffield fire 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 it 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 DEVELOPMENT The director of planning and community development 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 general development plan or code of development, as provided herein: a. The director is authorized to grant a variation from the following provisions of an approved plan, code or standard: 1. Minor variations to yard requirements, maximum structure heights and minimum lot sizes; 2. Changes to the arrangement of buildings and uses shown on the plan,provided that the major elements shown on the plan and their relationships remain the same; 3. Changes to phasing plans; 4. Minor changes to landscape or architectural standards; and 5. Minor variations to street design. d. Any variation not expressly provided for herein may be accomplished by rezoning. 3/9/09 page 2 of 2