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HomeMy WebLinkAboutZMA200700001 Request of Modification, Variance, Waiver Zoning Map Amendment 2007-07-17ATTACHMENT F Waiver and Modifications Requests HM Acquisition Group LLC, ("Applicant"), owners of Hollymead Town Center — Area A (ZMA-05-0015) is requesting 13 waivers or modifications of the Zoning Ordinance. Sections of the ordinance have been copied into the report for the Commissioner's reference. The language from the Zoning Ordinance will be found in italics. Staff's recommendation is underlined. 1. SECTION 4.11.1 COVERED PORCHES, BALCONIES, CHIMNEYS AND LIKE FEATURES 4.11.1 Covered porches, balconies, chimneys, eaves and like architectural features may project not more than four (4) feet into any required yard; provided that no such feature shall be located closer than six (6) feet to any lot line. Amended 9-9-92) The applicant has requested that the encroachments listed above be able to extend up to 6 feet into the area between the build -to line and the r.o.w. line. At present, though, the maximum build -to line would be 5 feet. If approved as requested by the applicant, encroachments could be in the r.o.w. Staff can recommend that encroachments be allowed to be within 1 foot of a r.o.w. line, provided the Code of Development is modified so that the build -to line and the encroachment setback are in sync. 2. SECTION 4.12.6 MINIMUM NUMBER OF REQUIRED PARKING SPACES FOR SCHEDULED USES The applicant has requested that this development be able to use the parking schedule for shopping centers (200,000 to 600,000 square feet), 4.5 spaces per 1,000 square feet of gross leasable floor area, to be the standard schedule for all non-residential square footage in the NMD as per Table C in the Code of Development with the following exceptions: Theaters, hotels, rest homes, schools, churches, other such uses with areas of assembly. At present, though, the Code of Development does not include these exceptions. Staff can recommend approval of this waiver provided the Code of Development includes the exceptions listed above. 3. SECTION 4.12.9 STREET AND ALLEY PARKING 4.12.9 Street and alley parking may be provided as follows.- a. ollows. a. Street parking consists of parking spaces located in a public or private right -of way. Each parking space that is in a public or private right-of-way abutting the lot ATTACHMENT F shall count as a parking space for the purpose of meeting the minimum parking space requirements in sections 4.12.6 and 4.12.7. Each parking space shall be on a paved area abutting the travelway, and if the parking space is in a public right-of-way it shall not be prohibited by the Virginia Department of Transportation. The applicant has requested that on -street parking be allowed that does not abut the street where the use is located. Pages 32-33 of the Code of Development indicate the desired parking arrangements, which are supported by staff. Staff recommends that this waiver be granted by substituting this requirement for the standards set forth on Pages 32-33 of the Code of Development, entitled, Parking Standards. 4. SECTION 4.12.13 LOADING AREAS (a, c, & e) a. Loading spaces shall be provided on the same lot with the use to which it is appurtenant and shall be adjacent to the structure it serves. c. Loading spaces shall be provided in addition to and exclusive of any parking requirement on the basis of: (1) one (1) space for the first eight thousand (8,000) square feet of retail gross leasable area, plus one (1) space for each additional twenty -thousand (20, 000) square feet of retail gross leasable area; (2) one (1) space for the first eight thousand (8,000) square feet of office space plus one (1) space for each additional twenty thousand (20, 000) square feet of office space; or (3) one (1) space for the first ten thousand (10, 000) square feet of industrial floor area plus one (1) space for each additional twenty thousand (20, 000) square feet of industrial floor area. e. Each site plan that depicts a commercial or industrial building of four thousand 4,000) gross square feet or more shall provide a dumpster pad that does not impede any required parking or loading spaces, nor any pedestrian or vehicular circulation aisles. The applicant has requested that the loading standards and dumpster requirements be applied to the entire area of the development rather than on a site -by -site basis. The proposal is indicated in the Code of Development on Pages 34 and 35. Staff recommends that this waiver be granted by substituting the requirements with the standards set forth on Paaes 34 and 35 of the Code of Development. 5. SECTION 4.15.5.A.1: OFF-SITE SIGNS A.1 Off-site signs may be authorized by special use permit within any zoning district ATTACHMENT F The applicant has requested that directory signs containing two or more businesses be allowed off-site from the lot where the business is located but within Hollymead Town Center. Staff has no objection to this waiver to the extent that it will allow off-site sign by right rather than by special permit; however, the description of the waiver on page 35 must be revised to state that all other regulations for off site signs shall apply to the district. Staff recommends that off-site directory signs be allowed by -right rather than special use permit provided that all other regulations for off-site signs are not waived and that the Code of Development be modified to reflect this condition. 6. SECTION 4.15.5.A.3: SIGNS IN PUBLIC RIGHTS-OF-WAY. A.3 Signs in public rights-of-way; provided: (1) the subdivision or planned development to which the sign pertains abuts the public right-of-way; (2) the sign is either a subdivision sign or a sign identifying a planned development authorized by sections 19.0, 20.0, 25.0, 25A, and 29.0; (3) the freestanding sign regulations, other than setback regulations, applicable to the lot with the use to which the sign pertains shall apply, and (4) if the sign is located within an entrance corridor overlay district, a certificate of appropriateness is issued by the architectural review board. The applicant has requested that freestanding, portable, canopy, awning and projecting signs be allowed to encroach into the r.o.w. on Town Center Road and Meeting Street provided VDOT restrictions apply and the County Engineer has determined that an adequate clear zone for pedestrian traffic exists and can be maintained. Staff recommends that this waiver be granted by substituting the requirements with the standards set forth on Page 36 of the Code of Development. 7. SECTION 4.15.11 — SIGNAGE SETBACKS The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Planned Unit Development (PUD) and Neighborhood Model (NMD) zoning districts: Sign Area Sign Sign Sign Type Number of Signs Allowed ( Maximum) Height Setback Maximum) (Minimum) 1 or more per establishment, as 24 square feet, Directory authorized by zoning administrator aggregated 6 feet 5 feet Freestandi ng Projecting Temporary Wall ATTACHMENT F 1 per street frontage, or 2 per 24 square feet, entrance, per lot with 100 or more feet of aggregated: if continuous street frontage plus 1 per lot more than 1 sign, 12 feet if the lot is greater than 4 acres and has no single sign more than 1 approved entrance on its shall exceed 12 frontage square feet 30 feet, but not 1 per street frontage 24 square feet to exceed the top of the fascia or mansard 12 feet, if freestanding sign; 20 feet, if wall 1 per street frontage per establishment 24 square feet sign, but not to exceed the top of the fascia or mansard as calculated pursuant to section 4.15.20 1 sf per 1 linear foot of establishment structure 20 feet, but not frontage, not to to exceed the top exceed 32 sf if of the fascia or residential wall mansard sign, or 100 sf if non residential wall sign 5 feet Not applicable 5 feet Same as that applicable to structure The applicant has requested that the minimum sign setbacks in these sections above be waived, provided that VDOT and the County Engineer approve. Staff recommends that this waiver be granted bV substituting the requirements with the standards set forth on Page 36 of the Code of Development. RECREATION REGULATIONS (SECTION 4.16.2 AND 4.16.3.3) 8. SECTION 4.16.2 & 4.16.3.3 This section applies standard regulations for recreational amenities for various development forms and density. Due to its length, this section has not copied it into the body of this report. The applicant has asked that the individual requirements for multi -family development be substituted with the amenities and open space described in the Code of Development which include a central plaza, a linear park, a greenway, series of pocket parks, trails, and a clubhouse with a pool. The only outstanding issue has to do with the proposed area for both a basketball court and a doa park. Staff recommends that this waiver be granted by substituting the requirements with the recreational amenities proposed in the Code of Development so long as the basketball court and dog park are separated from each other and this ATTACHMENT F separation is shown on the general development plan (can be done prior to Board review). 9. SECTION 4.17.4.b.1 Lighting Standards b. Each parcel, except those containing only one or more single-family detached dwellings, shall comply with the following: (Added 10-17-01) 1. The spillover of lighting from luminaires onto public roads and property in residential or rural areas zoning districts shall not exceed one-half (%) foot candle. A spillover shall be measured horizontally and vertically at the property line or edge of right-of-way or easement, whichever is closer to the light source. (Amended 10-17-01) The applicant has asked that street lighting be allowed to spillover into the r.o.w. in the area between parked cars and the travelway. Staff recommends that spillover be measured at the edge of the travelway, identified as the area between the parked cars and the travelway, as clarified on page 35 of the Code of Development. 10. SECTION 5.1.16 SWIMMING, GOLF, TENNIS CLUBS 5.1.16 Each swimming, golf or tennis club shall be subject to the following: a. The swimming pool, including the apron, filtering and pumping equipment, and any buildings, shall be at least seventy-five (75) feet from the nearest property line and at least one hundred twenty-five (125) feet from any existing dwelling on an adjoining property, except that, where the lot upon which it is located abuts land in a commercial or industrial district, the pool may be constructed no less than twenty-five (25) feet from the nearest property line of such land in a commercial or industrial district; b. When the lot on which any such pool is located abuts the rear or side line of, or is across the street from, any residential district, a substantial, sightly wall, fence, or shrubbery shall be erected or planted, so as to screen effectively said pool from view from the nearest property in such residential district; c. (Repealed 6-14-00) d. The board of supervisors may, for the protection of the health, safety, morals and general welfare of the community, require such additional conditions as it deems necessary, including but not limited to provisions for additional fencing and/or planting or other landscaping, additional setback from property lines, additional parking space, location and arrangement of lighting, and other reasonable requirements; e. Provision for concessions for the serving of food, refreshments or entertainment for club members and guests may be permitted under special use permit procedures. ATTACHMENT F The applicant has asked that this section in its entirety be waived, except that there would be no pool within 125 feet of an existing property line not associated with Area A2. Page 17 of the Code of Development generally describes this request. Staff recommends aaaroval of this waiver provided that the swimmin including the apron, filtering and pumping equipment, and any buildings, shall be at least one hundred twenty-five feet (125) feet from the closest property line that abuts the boundary of HTC Area A2. This waiver would also allow that concessions for the serving of food, refreshments or entertainment for club members and quests not require a special use permit. 11. SECTION 8.5.1.D.6 APPLICATIONS AND DOCUMENTS TO BE SUBMITTED (TRIP GENERATION FIGURES) The applicant has not provided trip generation figures because of the extensive traffic study used for the HTC Comprehensive Plan Amendment and the rezoning of Area B. Staff can recommend this waiver because the original traffic study for the Hollymead Town Center and subsequent Places 29 traffic modeling have provided sufficient traffic generation data and analysis to further this request. Staff recommends approval of this waiver. 12. SECTION 27.7.2 & 3 MINIMUM YARD REQUIREMENTS 21.7.1 Adjacent to public streets: No portion of any structure, except signs, shall be erected closer than thirty (30) feet to any public street right-of-way. No off- street parking or loading space shall be located closer than ten (10) feet to any public street right -of- way. (Amended 7-10-85; 7-8-92) 21.7.3 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. (Amended 9-9-92) This request refers to a portion of Block D adjacent to Tax Map 32 Parcel 43 as well as a portion of Blocks A-1, B-3, and B-4 adjacent to Tax Map 32, Parcels 51 56. The Code of Development shows setbacks and build -to lines that are closer than 30 feet to a public street right-of-way. Also, a buffer zone is not shown on the general plan of development. Staff has no issue with the modifications for setbacks/build-to lines or with the waiving of the 20 foot buffer where property is shown as Industrial Service on the Land Use Plan. Staff cannot support the waiver for the building closest to ATTACHMENT F Deerwood on the western side of the development unless the use is specifically shown either in the Code of Development or on the Application Plan as residential. This is because the adjoining property is shown as urban density residential and the building shown is practically on the property line. Staff recommends that the waiver for setbacks and a buffer be granted for only the portion of Block D adjacent to Tax Map 32 Parcel 43 as well as a portion of Blocks A-1 and B-3 adjacent to Tax Map 32 Parcels 51 unless the plan or Code is changed to make the building in B-4 residential only. If the building in B-4 is made residential only, then staff can recommend that the setback be modified to be as it is shown on the general plan of development and the buffer requirement be waived. Nothing in this recommendation, however, requires that the building be constructed at the property line. 13. SECTION 32.7.9.8 SCREENING 32.7.9.8 The following requirements shall apply to screening: a. When required, screening shall consist of a planting strip, existing vegetation, a slightly opaque wall or fence, or combination thereof, to the reasonable satisfaction of the agent. Where only vegetative screening is provided, such screening strip shall not be less than twenty (20) feet in depth. Vegetative screening shall consist of a double staggered row of evergreen trees planted fifteen (15) feet on center, or a double staggered row of evergreen shrubs planted ten (10) feet on center. Alternate methods of vegetative screening may be approved by the agent. Where a fence or wall is provided, it shall be a minimum of six (6) feet in height and plantings may be required at intervals along such fence or wall. (32.8.6.1, 7-10-85; Amended 5-1-87) b. Screening of parking lots shall not be counted toward the interior landscaping requirement. When screening is required along the frontage of public streets, the agent shall determine if the street tree requirement has been met. (32.8.6.2, 7- 10-85) c. Screening shall be required in the following instances: 1. Commercial and industrial uses shall be screened from adjacent residential and rural areas districts. (32.8.6.3. a, 7-10-85) 2. Parking lots consisting of four (4) spaces or more shall be screened from adjacent residential and rural areas districts. (32.8.6.3.b, 7-10-85; Amended 5-1- 87) 3. Objectionable features including, but not limited to, the following uses shall be screened from adjacent residential and rural areas districts and public streets: loading areas, refuse areas, storage yards, detention ponds, recreational facilities determined to be of objectionable character by the agent other than children's play areas where visibility is necessary or passive recreation areas where visibility is desirable. (32.8.6.3. c. 5, 7-10-85; Amended 5-1-87) 4. Double frontage residential lots shall be screened between the rear of the residences and the public right-of-way when deemed appropriate by the agent. 32.8.6.3. d, 7-10-85; Amended 5-1-87) ATTACHMENT F 5. The agent may require screening of any use, or portion thereof, upon determination that the use would otherwise have a negative visual impact on a property listed on the Virginia Historic Landmarks Register. (32.8.6.3.f, 7-10- 85,- Amended 5; Amended 5-1-87) The applicant has requested that the screening requirements be replaced with a set of standards used in Cascadia and Rivanna Village at Glenmore. These standards would require that no screening of uses occur; rather, screening of objectionable uses would be provided. The Code of Development provides for screening standards. Staff recommends that this waiver be granted by substituting the requirements with the standards on pages 36 and 37 of the Code of Development.