AGENDA DATE: 9/2/2015
TITLE:
Title
ZMA200400024 Special Exception to Vary Old Trail Village Code of Development
BODY
SUBJECT/PROPOSAL/REQUEST: Resolution approving a special exception to vary the approved Code of Development. White Hall Magisterial District.
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, Benish, Yaniglos, Newberry
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: A zoning map amendment was approved for Old Trail Village on September 14, 2005, that rezoned the property from Rural Areas, R-1, and R-6 to Neighborhood Model District, inclusive of an Application Plan and Code of Development. An application for a site plan is now under review for this property (SDP 2015-00007). Twenty-two (22) variations to the Application Plan and/or Code of Development have previously been granted. The Applicant has requested a special exception to vary the Code of Development to permit changes to stormwater treatment for Blocks 11, 12, 14 and 15. The Applicant has also requested four special exceptions for Block 12: to reduce lot sizes, to increase building height, to reduce setbacks and to allow architectural features such as overhangs/eaves to encroach up to one foot into the required setback. All of these variations are necessary before the site plan can be approved by staff.
STRATEGIC PLAN: 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.
DISCUSSION: County Code § 18-8.5.5.3 allows special exceptions to vary approved Application Plans and Codes of Development upon considering whether the proposed 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 five requested variations meet the five criteria listed. A detailed analysis is provided in the Staff Report (Attachment A).
BUDGET IMPACT: There is no budget impact.
RECOMMENDATION:
Recommendation
Staff recommends that the Board adopt the attached Resolution (Attachment E) approving the special exception to vary the Code of Development to permit changes to stormwater treatment for Blocks 11, 12, 14 and 15 and to permit the requested variations for Block 12, as described in the attached staff report.
ATTACHMENTS:
Attachment A - Staff Report
Attachment B - Stormwater Variation Request and Exhibit
Attachment C - Block 12 Final Site Plan (Sheet 1 and Sheet 4)
Attachment D - Front, Side and Rear Elevations
Attachment E - Resolution