AGENDA DATE: 7/8/2015
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
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley, Walker, Kamptner, Benish, Yaniglos, Newberry
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Tom 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 minor site plan amendment is now under review for this property (SDP 2015-00030). Twenty-one (21) 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 architectural features such as front porches, stoops, and overhangs/eaves on Lots 5 through 11 in Block 3C and Lots 14 through 20 in Block 1B of the development to encroach one (1) foot into the required twelve (12) foot sidewalk and planting strip. The requested variation is necessary before the site plan amendment 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 requested variation meets 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 D) approving the special exception to vary the Code of Development to permit architectural features on Lots 5 through 11 in Block 3C and Lots 14 through 20 in Block 1B of the development to encroach one (1) foot into the required twelve (12) foot sidewalk and planting strip.
ATTACHMENTS:
Attachment A - Staff Report
Attachment B - Variation Request
Attachment C - Site Exhibit of Blocks 1B and 3C
Attachment D - Resolution