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HomeMy WebLinkAboutSDP201800008 Request of Modification, Variance, Waiver 2018-09-05COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 To: Albemarle County Board of Supervisors From: Tim Padalino, AICP Date: September 5, 2018 Re: Request for Special Exception to waive and modify the "Height Regulations — Setbacks and Stepbacks in Residential Districts" for The Vistas at South Pantops N NOV I' IyE:�IZ1a1Ila1Ila176I1I1IC Magisterial District: Rivanna District School Districts: Monticello H.S.; Burley M.S.; Stone -Robinson E.S. Zoning District: R-15 Residential Summary of Request for Special Exception: Management Services Corporation (the Applicant) has recently received conditional approval of an initial site plan (SDP201800008) for a proposed residential (apartment) development on South Pantops Drive called "The Vistas at South Pantops." The proposed project, which requires County approval of a final site plan and a WPO Plan, would be a by -right development of three (3) four-story structures, each containing 48 dwelling units above one level of parking, for a total of 144 units (gross density of 10.82 units/acre). The subject property is a 13.1 - acre parcel zoned R-15 Residential, and is owned by South Pantops II Land Trust. As explained in the Application Materials (Attachment A), the Applicant requests a Special Exception (SE) to: 1. Modify (reduce) the front stepback requirements of County Code §§ 18-4.9 and 18-18.8 from 15 feet to 12 feet 4 inches for the two structures closest to South Pantops Drive ("South" building and "North" building), as shown on Exhibit Sheets 1, 2, and 4 prepared by Powe Studio Architects, PC and dated July 3, 2018 (Attachment A); and 2. Waive (eliminate) the front stepback requirements of County Code §§ 18-4.9 and 18-18.8 from 15 feet to 0 for the third structure ("West" building) as shown on Exhibit Sheets 1 and 7 prepared by Powe Studio Architects, PC and dated July 3, 2018 (Attachment A). Staff analysis of this request is provided in Attachment B. Staff Recommendation: Staff recommends approval with conditions of this SE request. Specifically, Staff recommends that the Board adopt the attached Resolution (Attachment C) to approve the SE request, subject to the conditions contained therein. Attachments: A — Application Materials (Special Exception Application, Project Narrative, and Exhibit Sheets) B — Staff Analysis C — Resolution ■ `l7+►A:1ak',IF, I APPLICATION FOR A SPECIAL EXCEPTION ® Request for a waiver, modification, variation ❑ Variation to a previously approved Planned or substitution permitted by Chapter 18 = $457 Development rezoning application plan or Code of Development = $457 OR ❑ Relief from a condition of approval = $457 Provide the following ® 3 copies of a written request specifying the section or sections being requested to be waived, modified, varied or substituted, and any other exhibit documents stating the reasons for the request and addressing the applicable findings of the section authorized to be waived, modified, varied or substituted. Provide the following ❑ 3 copies of the existing approved plan illustrating the area where the change is requested or the applicable section(s) or the Code of Development. Provide a graphic representation of the requested change. ❑ 1 copy of a written request specifying the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation. Project Name and Assigned Application Number (SDP, SP or ZMA): Vistas at South Pantops - SDP 2018-8 Tax map and parcel(s): 07800-00-00-02000 Contact Person Trey Steigman, Vice President, Development, Management Services Corporation Address PO Box 5306 Daytime Phone# ( 434 ) 977-4181 City Charlottesville Fax# ( -- ) State VA Zip 22905 ---- Emailtsteigman@msc-rents.com X105 Owner of Record South Pantops II Land Trust c/o VA Land Co. Address 172 S. Pantops Dr., Suite A Daytime Phone# ( 434 ) 979-8182 City Charlottesville Fax# ( -- ) ---- Applicant (Who is the Contact Person representing?) Management Services Corporation State VA Zip 22911 Email ----------- County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 aIII "Is &'Ma APPLICATION FOR A SPECIAL EXCEPTION Owner/Applicant Must Read and Sign Each owner -initiated application for a zoning map amendment shall be signed by the owner of each parcel that is the subject of the proposed zoning map amendment, provided that: a. An owner whose parcel is subject to proffers may apply to amend the proffers applicable solely to the owner's parcel, provided that written notice of the application is provided to the owners of other parcels subject to the same proffers under Virginia Code §§ 15.2-2204(H) and 15.2-2302. However, the signatures of the owners of the other parcels subject to the same proffers shall not be required. b. An owner within an existing planned development may apply for a zoning map amendment, and the signatures of any other owners within the planned development is required only if the amendment could result in or require: (i) a change in use, density or intensity on that parcel; (ii) a change to any regulation in a code of development that would apply to that parcel; (iii) a change to an owner's express obligation under a regulation in a code of development; or (iv) a change to the application plan that would apply to that parcel. The applicant must submit documentation establishing ownership of any parcel and the authority of the signatory to sign the application on behalf of the owner. SEE PAGE 3 FOR SIGNATURES • 0 APPLICATION FOR A SPECIAL EXCEPTION Owner/Applicant Must Read and Sign The foregoing information is complete and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written communication from also being sent via first class mail. �(,crtlD/1t2EA 464-1 Signature of Owner, Contract Purchaser, Agent Trey Steigman, Vice President, Development In •-t -n- a -2-013 Date 434/977-4181 x105 Management Services Corporation Print Name Daytime phone number of Signatory ***If multiple property owners are required to sign the application per Section 33.2 b (lb) then make copies of this page and provide a copy to each owner to sign. Then submit each original signed page for the Special Exception Application. Tax Map & Parcel Number: 07800-00-00-02000 Owner Name of above Parcel: South Pantops zz Land Trust FOR OFFICE USE ONLY SDP, SP or ZMA # �ij� - Fee Amount O Date Paid YK By who? Receipt 4 c Ck# L, -j By ra% MSC Management Services Corporation Real Property Managers, Developers and Brokers July 18, 2018 Mr. Tim Padalino, Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902-4596 By Hand Delivery and Electronic Delivery (tpadalinogalbemarle.org) RE: Application for Special Exception — Vistas at South Pantops — SDP -2018-00008, TMP 78-20 Dear Mr. Padalino: Enclosed please find the Application for Special Exception and the Application Fee for this request on behalf of the Vistas at South Pantops project to obtain relief from a provision of Section 4.19 of the Zoning Ordinance that requires a minimum 15 -foot front stepback to apply to all buildings on the subject property for each story that begins above 40 feet in height or for each story above the third story, whichever is less. By way of background, the proposed project is a 144 -unit multi -family residential community containing three (3) buildings each with forty-eight (48) dwelling units within four -stories constructed above an under -ground garage level. The subject property is currently undeveloped vacant land located along the South Pantops Drive urban ring of the County of Albemarle and is zoned R-15 Multi -Family Residential. Please reference the enclosed exhibit Sheets 1-7 dated July 3, 2018 as prepared by Powe Studio Architects, PC. Sheet 1 shows the proposed site plan layout with three (3) buildings identified as "North", "South", "West". South Pantops Drive is the public street right-of-way located on the north -side frontage of the subject property. Sheet 1 shows the proposed building front stepback for both the "North" and "South" buildings of approximately 12' 4" feet. We request that the 15 -foot front stepback requirement for these two buildings be reduced to 12' 4" feet, which is equivalent to the width of one room architectural module for the proposed building. There is no building front stepback proposed for the "West" building, and we thus also request that the front stepback requirement for that building be reduced to 0 feet. Sheet 2 shows the cross-section elevation of the "South" building as it related to the frontage public street right-of-way of South Pantops Drive. The proposed building mass is the darkened area and the building envelope as per the zoning ordinance is the lightened area. Sheet 2 shows that a building envelope designed per the zoning ordinance limits would be significantly more imposing upon the 102 S. First Street, Suite 301,1.0. Box 5306, Charlottesville,VA 22905 (434) 977-4181 Voice 1 (43=1) 295-8025 fax � www mONE OFsc-rents.cum THE CATON COMPANIES Charlareesville Farnwillc Harrisonburg Xknassas Richmond Roanoke Salem Greenville, N'C the future of success 121 frontage public street right-of-way of South Pantops Drive than is the proposed building mass. If the intent of the front stepback ordinance is to reduce the massing along the public street right-of-way, then we submit that this intent is fully addressed by the proposed building mass with the 12' 4" feet front stepback for the "North" and "South" buildings, and with a 0 -foot front stepback for the "West" building, and that each satisfies the purposes of the stepback regulation at least to an equivalent degree as compared to a 15 -foot stepback. Sheet 3 & 4 "South" and Sheet 5 & 6 "North" show comparative illustrative perspective of the proposed front stepback for each of these buildings along the public street right-of-way of South Pantops Drive. Sheet 7 shows the illustrative perspective of the proposed front stepback for the "North" and "South" building and the proposed "West" building, that does not include a front stepback. The "West" building facade is approximately 440 -feet (147 yards) away from the frontage public street right-of-way of South Pantops Drive. Also, the base floor elevation of the "West" building is approximately 14 feet below the elevation of the frontage public street right-of-way of South Pantops Drive. If the intent of the front stepback requirement is to reduce the massing along the public street right-of-way, then we submit that this intent is fully addressed by the proposed "North" and "South" building front stepbacks of 12' 4", and that given the location and elevation of the "West" building any front stepback would be virtually unperceivable from the frontage public street right-of-way of South Pantops Drive, such that the proposed 0 -foot stepback for that building is appropriate. For all of these reasons, we contend that strict enforcement of the 15 -foot stepback would not forward the purposes of the Zoning Ordinance or otherwise serve the public health, safety or welfare, and that this proposal satisfies the purposes of the stepback regulation at least to an equivalent degree as compared to the 15 -foot stepback. Please let me know if you have any questions or require any additional information. Thank you for your time and consideration of this request. Sincerely, Trey Steigman Vice President, Development Management Services Corporation Enclosures (3) Application for Special Exception Application Fee for Special Exception ($457 — MSC Check #32258) Vistas at South Pantops Exhibit Sheets 1-7, Powe Studio Architects, PC cc: Vistas at South Pantops/MSC File Valerie Long, Williams Mullen Greg Powe, Powe Studio Architects, PC Riki Van-Niekerk, Roudabush, Gale & Associates l n G v I 0 1 mo A I A u u In rA ry I u ra MANAGEMENT SERVICES CORPORATION ALBEMARLE COUNTY, VA SITE PLAN © Powe Studio Architects PC 3 JULY 2018 Is 5'-0" THE VISTAS AT SOUTH PANTOPS MANAGEMENT SERVICES CORPORATION ALBEMARLECOUNTY, VA BUILDING STEPBACK Q PRIVATE DRIVE 0 ozoo h �— EDGE OF I RIGHT OF WAY J © Powe Studio Architects PC 3 JULY 2018 z THE VISTAS AT SOUTH PANTOPS MANAGEMENT SERVICES CORPORATION ALBEMARLE COUNTY, VA SOUTH BUILDING PERSPECTIVE © Powe Studio Architects PC 3 JULY 2018 a SCALE: THE VISTAS AT SOUTH PANTOPS MANAGEMENT SERVICES CORPORATION ALBEMARLE COUNTY, VA SOUTH BUILDING PERSPECTIVE WITH STEPBACK C Powe Studio Architects PC 3 JULY 2018 4 THE VISTAS AT SOUTH PANTOPS NORTH BUILDING ©Powe Studio Architects PC MANAGEMENT SERVICES CORPORATION ALBEMARLE COUNTY, VA PERSPECTIVE 3 JULY 2018 5 SCALE: THE VISTAS AT SOUTH PANTOPS NORTH BUILDING MANAGEMENT SERVICES CORPORATION © Powe Studio Architects PC ALBEMARLE COUNTY, VA PERSPECTIVE WITH STEPBACK 3 JULY 2018 (0 SCALE: THE VISTAS AT SOUTH PANTOPS WEST BUILDING FLANKED BY MANAGEMENT SERVICES CORPORATION ALBEMARLE COUNTY, VA NORTH AND SOUTH BUILDINGS © Powe Studio Architects PC 3 JULY 2018 14 ATTACHMENT B — STAFF ANALYSIS STAFF PERSON: Tim Padalino BOARD OF SUPERVISORS: September 5, 2018 Staff analysis of this special exception request has been conducted pursuant to County Code §§ 18-18.8, 18-4.19, 18- 33.5, and 18-33.9. County Code § 18-33.9(a) ("Factors to be considered when acting") states that "In acting upon a special exception, the board of supervisors shall consider the factors, standards, criteria, and findings, however denominated, in the applicable sections of this chapter, provided that the board shall not be required to make specific findings in support of its decision" (emphasis added). However, the applicable sections containing regulations which the Applicant requests to be waived and modified through a Special Exception (County Code §§ 18-18.8 and 18-4.19) contain no explicit factors, standards, criteria, or findings. Therefore, Staff has conducted a general analysis of this SE request relative to the "Intent" of the R-15 — Residential zoning district (County Code § 18-18.1), and relative to Comprehensive Plan policies and recommendations that front stepback requirements are intended to support or advance, including "Pedestrian Orientation" and "Buildings and Spaces of Human Scale." Staff Analysis: Analysis relative to the Intent of the R-15 Residential zoning district (per County Code §18-18.1): ■ If applied as required per County Code § 18-4.19, the required front yard stepback would result in the elimination of a number of apartment units from the "West" building. ■ As requested by the Applicant, waiving the front stepback requirement from the "West" building (which is located approximately 440' from the front property line) would allow the Applicant to construct more dwelling units — and thereby help enable this property in the Development Areas to be more intensively used for "compact, high-density residential development," as intended in this zoning district. ■ The resulting density on-site is consistent with the existing zoning district. ■ No objection. Analysis relative to Comprehensive Plan: ■ Appendix A.8: "Neighborhood Model Design Guidance" and ■ Development Areas Objective 2: "Create a physical environment that supports healthy lifestyles through application of the Neighborhood Model Principles" [including "Pedestrian Orientation" and "Buildings and Spaces of Human Scale"]. Pedestrian ■ Requiring front stepbacks is one way the County attempts to ensure that Development Areas Orientation have "high quality development" with a significant degree of "pedestrian orientation." ■ The requested front stepback modifications (reductions) for the "South" and "North" buildings, as shown on the Application Materials, would not be contradictory to this pedestrian orientation principle because the modified front stepbacks would be so minor that they would not be expected to result in a pedestrian experience that would feel unsafe, inconvenient, or uncomfortable. (See `Additional Factor" B, below.) ■ The proposed locations of the "South" and "North" relative to the public right-of-way (ROW) — 18' front setback and 95' front setback, respectively — would further minimize any anticipated impacts of reduced (modified) front stepbacks. ■ The requested waiver for the "West" building would not be contradictory to pedestrian orientation principles because of its location far from South Pantops Drive and away from the public ROW. No objection. Buildings and Spaces - Requiring front stepbacks is one way the County attempts to ensure that Development Areas of Human Scale: have "relationships among building height, yards, parking and architectural features" that create a positive "perceived scale of buildings and development." Form, Massing, and ■ The requested front stepback modifications (reductions) for the "South" and "North" Proportion buildings would still reasonably "reduce the mass of a large building to make the building more visually interesting and not overwhelming to the pedestrian," and would still result in a "combined effect of the form and size of a building or group of buildings" that is not overwhelming or uninviting. ■ The distance of the "West" building from the public ROW means that the requested waiver of that front stepback requirement would not result in form, massing, or proportion that would be objectionable as viewed from the front property line along South Pantops Drive. No objection. Buildings and Spaces ■ Requiring front stepbacks is one way the County attempts to ensure that Development Areas of Human Scale: have appropriate "spatial enclosure" and a desirable "relationship of building height and Building Heights and setback to road widths." Spatial Enclosure ■ The requested modified front stepbacks for the "South" and "North" buildings would be so minor that they would not be expected to result in any "feeling of pedestrian confinement" which "often occurs when buildings are very tall and streets are narrow." ■ The distance of the "West" building from the public ROW means that the requested waiver of that front stepback requirement would not result in buildings that would feel overwhelming to a person standing next to the property on South Pantops Drive. No objection. Additional factors for consideration: A. The requested front stepback modifications for the "South" and "North" buildings (from 15' to 12'4") represent a request for an approximately 18% reduction from the required front stepback. This Special Exception request, as shown in the Application Materials, would still require these two buildings to have front stepback dimensions that are equivalent to approximately 82% of the front stepback that would otherwise be required by County Code. B. The requested front stepback waiver for the "West" building (from 15' to 0') is a response to County Code § 18-4.19, Note 5, which states "The minimum 15 foot stepback applies to all buildings on the property and may be reduced by special exception. " Staff believes stepback requirements most directly benefit the public when applied to structures that have a spatial relationship with the public realm; conversely, when buildings are located with a large setback far away from the front property boundary with the public ROW (or with a front setback of 440' in this case), the front stepback requirement has less relevance to the public and creates less benefit for the public. While building stepbacks can contribute to high-quality development in many situations and can be efficacious in many different contexts, the location of the "West" building relative to South Pantops Drive nullifies much of Staff's concerns about the Applicant's request to waive (eliminate) the front stepback requirement for the "West" building. C. Please reference the Application Materials (Attachment A) for the applicant's explanation and justification. Staff Recommendation: With regards to the findings contained herein, staff recommends approval with conditions of this special exception request. Specifically, staff recommends that the Board adopt the attached Resolution (Attachment C) to approve the special exception request to waive and modify the "Height Regulations — Setbacks and Stepbacks in Residential Districts" for The Vistas at South Pantops, in accordance with the specific terms and details contained in the Application Materials, and subject to the conditions attached thereto. RESOLUTION TO APPROVE SPECIAL EXCEPTION FOR SDP201800008 THE VISTAS AT SOUTH PANTOPS WHEREAS, the Owner of Tax Map Parcel Number 07800-00-00-02000 (the "Property") filed an Application for a special exception to modify (reduce) the front stepback requirements of County Code §§ 18-4.9 and 18-18.8 from 15 feet to 12 feet 4 inches for the two proposed structures closest to South Pantops Drive ("South" building and "North" building), and to waive (eliminate) the front stepback requirements of County Code §§ 18-4.9 and 18-18.8 from 15 feet to 0 for the third structure ("West" building), as shown and described on the Application Materials (including the Application for Special Exception memorandum dated July 18, 2018 and the Exhibit Sheets prepared by Powe Studio Architects, PC and dated July 3, 2018. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the Memorandum prepared in conjunction with the special exception request and the attachments thereto, including staff's supporting analysis, and all of the factors relevant to the special exception in Albemarle County Code §§ 18-18.1, 18-18.8, 18-4.19, 18-33.5, and 18-33.9, the Albemarle County Board of Supervisors hereby approves the special exception to modify and waive the front stepback requirements for the development of the Property as set forth above, subject to the conditions attached herein. I, Claudette K. Borgersen, 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 Nay Mr. Dill Mr. Gallaway Ms. Mallek Ms. McKeel Ms. Palmer Mr. Randolph Clerk, Board of County Supervisors SDP201800008 The Vistas at South Pantops Special Exception Conditions 1. The front stepback of the "South" building and the "North" building shall not be less than twelve feet four inches (12' 4"), and shall otherwise be consistent with the terms, details, specifications, and other information contained in the Application Materials (including the application, the Application for Special Exception memorandum dated July 18, 2018, and the Exhibit Sheets prepared by Powe Studio Architects, PC, dated July 3, 2018). 2. The front stepback of the "West" building may be zero feet (0') or more, and shall otherwise be consistent with the terms, details, specifications, and other information contained in the Application Materials (including the application, the Application for Special Exception memorandum dated July 18, 2018, and the Exhibit Sheets prepared by Powe Studio Architects, PC, dated July 3, 2018). 3. Grading and construction of the proposed improvements are subject to approval of a Final Site Plan, a Water Protection Ordinance Plan, and a Virginia Stormwater Management Program permit, and all other applicable plan approval(s) and/or permit(s).