AGENDA TITLE:  Briarwood PRD Amendment



Request to modify the Briarwood PRD to change building separation requirements and to establish yards and setbacks.  The properties are within the Rivanna Magisterial District at the intersection of Seminole Trail and Austin Drive (Route 1575), and are identified more particularly as follows as Tax Map 32G Parcel 1, Tax Map 32G Section 3 Parcel A and Tax Map 32G Section 3 Parcel 83.  The Comprehensive Plan designates these lands as Neighborhood Density residential (3-6 units/acre) and the PRD zoning permits a variety of residential uses.







Planning Commission Public Hearing – July 12, 2005

Board of Supervisors Public Hearing – July 13, 2005


ACTION:     X          INFORMATION: 




  ACTION:              INFORMATION:   









BACKGROUND: On February 2, 2005, the Board of Supervisors approved changes to the Briarwood PRD which allowed for changes to phasing and changes to unit types shown on the application plan, removal of one interconnection, a commitment to provide screening for the backs of units along Camelot Drive, an addition of 4 more units, and a commitment to provide affordable housing and curb/gutter/sidewalks on at least one side of the street.  The Board also approved modifications of Section 19.8 and 4.11.3 of the zoning ordinance to allow building separation of 20 feet.  The attachments listed at the end of this report provide background on activities that occurred between the Planning Commission meeting of December 7, 2004 and the Board action.


As the Commission may remember from the December 2004 meeting, the applicant did not provide all the needed documents within the necessary time frame for review at several stages in the process.  When the applicant responded to the Board’s request for information necessary for final action, the time frame for review was again diminished.   Although the applicant requested specific setbacks of 25, 6, and 10 for front, side, and rear yards, respectively, no action was taken by the Board.  The current request is to establish setbacks and change the building separation requirement established by the Board.


DISCUSSION:  Setbacks were not established for the Briarwood PRD when it was initially approved.  Consistent administrative interpretation in recent years has resulted in the application of R-4 setbacks being used.  These setbacks are 25 feet in the front, 15 feet on the sides (with ability to reduce to 10 feet), and 20 feet in the rear. 


 As staff understands it*, in either late May or early June, the owner of the Briarwood property, approached Ken Boyd about this situation and the need to establish different setbacks.  Mr. Boyd asked the Board at their meeting on June 8 to establish setbacks for Briarwood.  After an hour-long discussion at the Board meeting, the Board advised the owner that establishment of setbacks required a zoning map amendment.  The Board suggested that the owner apply for the ZMA and then it committed to review the request at the earliest possible date. It is for that reason that the Planning Commission’s hearing is scheduled for July 12 and the Board’s hearing for July 13. 


The applicant desires setbacks of 20 feet in the front, 6 feet on the sides and 5 feet in the rear as indicated in Attachment F.  With only an abbreviated review by staff, staff believes that the setbacks should be established at 20 feet for the front, 6 feet for the side, and 10 feet for the rear.  A 20-foot front yard allows for cars to be parked in front of a garage without extending into the sidewalk.   Fire flow has been verified as adequate in Briarwood for 6-foot side yards.  Regarding rear yards, staff believes that rear yards of 5 feet are so shallow as to make them practically unusable.  The minimum rear setback staff can recommend at this time is 10 feet.  Staff notes that, if unusual circumstances were to occur and reduced setbacks were desired, Section of the Zoning Ordinance allows the Planning Director to make a minor variation to setback.  These requests are reviewed on a case-by-case basis.   


Staff notes that, if this rezoning is approved, the new setbacks would apply to only the parcels being rezoned and not to the existing development.  Staff will continue to use R-4 setbacks for the existing developed part of Briarwood.   Section of the Zoning Ordinance also applies to this section of the development.


RECOMMENDATIONS:  Staff recommends that the applicant amend the approved application plan to show setbacks and building separation as follows:


Front setback:  20 feet

Side setback:      6 feet

Rear setback – 10 feet


Building separation – 12 feet


Once these notes have been added to the application plan approved on February 2, 2005 by the Board of Supervisors, staff recommends approval.




Attachment A:            Action Letters dated May 31, 2005 and February 14, 2005, respectively

Attachment B:            Minutes from February 2, 2005 Board of Supervisors’ meeting

Attachment C:            Executive Summary dated February 2, 2005

Attachment D:            Minutes from January 12, 2005 Board of Supervisors’ meeting

Attachment E:            Executive Summary for Board of Supervisors dated January 12, 2005

Attachment F:            Letter from Applicant dated June 13, 2005

 Return to regular agenda


*     The Board of Supervisors’ minutes have not been prepared as of the writing of this staff report.  The accuracy of this paragraph is still being verified.