HomeMy WebLinkAboutZMA201800009 Approval - County Zoning Map Amendment 2018-12-13 I 4,,,,0,,,,,,,,,N- ,
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IIRGI A'
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,Room 227
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4012
MEMORANDUM
TO: File
FROM: Margaret Maliszewski, Chief of Planning/Resource Management
DATE: December 13, 2018
RE: ZTA201800006 &ZMA201800009 Entrance Corridor—John Warner Parkway
and Rio Road East
The Albemarle County Board of Supervisors, at its meeting on December 5, 2018, by a vote of 6:0,
adopted the attached ordinances to amend the zoning map, which is part of Chapter 18, Zoning, of the
Albemarle County Code, to establish an entrance corridor overlay district (Section 30.6 of Chapter 18 of
the Albemarle County Code) upon each parcel sharing a boundary at any point with (a) State Route 2500
(John Warner Parkway) (the "John Warner Parkway") or (b) State Route 631 (Rio Road) between the
Norfolk Southern Railway tracks and the John Warner Parkway ("Rio Road East"), on the date of
adoption of this ordinance and ZTA-2018-006, and upon each parcel within 500 feet of the right-of-way of
the John Warner Parkway or Rio Road East that does not share a boundary at any point with the John
Warner Parkway or Rio Road East, respectively, on the date of adoption of this ordinance and ZTA-2018-
006. Development on parcels within an entrance corridor overlay district is subject to design review as
provided in Albemarle County Code § 18-30.6. This proposed amendment would not affect the general
usage and density range authorized by the applicable underlying zoning district regulations for each
parcel. The general usage and density range of the land use designations in the comprehensive plan
within the proposed John Warner Parkway and Rio Road East Entrance Corridors are as follows: (1)
neighborhood density residential (residential, 3-6 units/acre, and supporting uses such as religious
institutions, schools and other small-scale non-residential uses); (2) urban density residential (residential,
6.01-34 units/acre, and supporting uses such as religious institutions, schools, commercial, office and
service uses); (3) urban mixed use in centers (retail, residential, commercial, employment, office,
institutional, and open space); (4) institutional (civic uses, parks, recreational facilities, and similar uses on
County-owned property); (5) public open space (recreation and open space uses); and (6) privately
owned open space/environmental features (privately owned recreational amenities and open space;
floodplains, steep slopes, wetlands, and other environmental features).
ORDINANCE NO. 1848(6)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE III, DISTRICT REGULATIONS,
OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article III, District Regulations, is hereby amended and reordained as follows:
By Amending:
Sec. 30.6.2 Boundaries of the district.
Chapter 18. Zoning
Article III. District Regulations
Section 30.Overlay Districts
30.6 Entrance Corridor Overlay District - EC (Added 10-3-90)
30.6.1 Purpose and Intent
The purpose of this section 30.6 is to implement the enabling authority in Virginia Code § 15.2-2306(A)
by identifying those arterial streets and highways found to be significant routes of tourist access to the
county and to designated historic landmarks, structures or districts within the county or in contiguous
localities, and to require that the erection, reconstruction, alteration or restoration of structures, including
signs, on parcels contiguous to those streets and highways as provided herein, be architecturally
compatible with those historic landmarks or structures.
The comprehensive plan provides that scenic resources contribute to the community's desirability as a
place to live, enhance and protect property values, and contribute to the overall quality of life for the
county's residents. The comprehensive plan also acknowledges that scenic resources are important to
visitors as well as the county's residents, and that visitors to the Blue Ridge Mountains and the county's
rural historic structures gather a lasting impression of the county as they travel the county's scenic
roadways. The significant routes of tourist access within the entrance corridor overlay district provide
access to the county and to many of the county's historic landmarks, structures and districts including, but
not limited to Monticello, the home of Thomas Jefferson, which is on the World Heritage List
administered by the United Nations and a National Historic Landmark, Ash Lawn -Highland, the home of
James Monroe, the University of Virginia, whose Rotunda is on the World Heritage List and a National
Historic Landmark, and whose academical village is on the World Heritage List, a National Historic
Landmark and a National Register Historic District, and the county's eight historic districts on the
National Register of Historic Places, including the Southwest Mountains Rural Historic District and the
Southern Albemarle Rural Historic District.
The entrance corridor overlay district is intended to implement the comprehensive plan's goal to preserve
the county's scenic resources because they are essential to the county's character, economic vitality and
quality of life. An objective of this goal is to maintain the visual integrity of the county's roadways by
using design guidelines. The entrance corridor overlay district will ensure that development is compatible
with the county's natural, scenic, historic and architectural resources by providing for review of new
construction along the identified significant routes of tourist access by an architectural review board under
design guidelines promulgated by that board and ratified by the board of supervisors.
(§ 30.6.13 10-3-90; Ord. 1048(5), 5-12-]0)
30.6.2 Boundaries of the District
The entrance corridor overlay district is established upon and comprised of those parcels contiguous to
significant routes of tourist access, regardless of the underlying zoning district or the existence of other
applicable overlay districts, as provided in section 30.6.2(b) as follows:
a. Significant routes of tourist access. The following arterial streets and highway are found to be
significant routes of tourist access and are hereinafter referred to in section 30.6 as "EC streets":
1. U.S. one 250 East (Richmond Road).
2. U.S. Route 29 North (Seminole Trail).
3. U.S. Route 29 South (Monacan Trail).
4. Virginia Route 20 South (Monticello Avenue and Scottsville Road),
5. Virginia Route 631 (5" Street and Old Lynchburg Road) from Charlottesville City limits to Route
708 (Red Hill Road) and Virginia Route 631 (Rio Road West) from U.S. Route 29 North
(Seminole Trail) to Route 743 (Earlysville Road). (Amended 1144-90, 4-12-00)
6. U.S. Route 250 West (Ivy Road and Rockfish Gap Turnpike),
7. Virginia Route 6 (Irish Road).
8. Virginia Route 151 (Critzers Shop Road),
9. Interstate Route 64.
10. Virginia Route 20 North (Stony Point Road).
11. Virginia Route 22 (Louisa Road).
12. Virginia Route 53 (Thomas Jefferson Parkway).
13. Virginia Route 231 (Gordonsville Road).
14. Virginia Route 240 (Three Noteh'd Road).
15. U.S. Route 29 Business (Fontaine Avenue)
16. U.S. Route 29/250 Bypass.
17. Virginia Route 654 (Barracks Road). (Added 11-14-90)
18. Virginia Route 742 (Avon Street). (Added 11-14-90)
19. Virginia Route 649 (Airport Road) from U.S. Route 29 North (Seminole Trail) to Virginia Route
606 (Dickerson Road). (Added 4-12-00)
20. Virginia Route 743 (Hydraulic Road and Earlysville Road) from U.S. Route 29 North (Seminole
Trail) to Virginia Route 676 (Woodlands Road). (Added 4-12-00)
21. Virginia Route 631 (Rio Road) from U.S. Route 29 North (Seminole Trail) easterly to the
Norfolk Southern Railway tracks. (Added I 1-2-05)
22. Virginia Route 631 (Rio Road) between the Norfolk Southern Railway tracks and Virginia Route
2500 (John W. Warner Parkway).
23. Virginia Route 2500 (John W. Warner Parkway).
b. Parcels contiguous to EC streets. Parcels contiguous to EC streets are:
Parcels sharing boundary with an EC street on reference date. Each parcel that had a boundary
that was shared at any point with the right-of-way of an EC street on one of the following
applicable reference dates: (i) ore October 3, 1990 for those parcels sharing a boundary with an
EC street identified in section 30.6.2(a)(1) through (16); (ii) on November 14, 1990 for those
parcels sharing a boundary with an EC street identified in section 30.6.2(a)(17) and (18); (iii) on
April 12, 2000 for those parcels sharing a boundary with an EC street identified in section
30.6.2(a)(19) and (20); (iv) on November 2, 2005 for those parcels sharing a boundary with an
EC street identified in section 30.6.2(a)(21); and (v) on December 5, 2018 for those parcels
sharing a boundary with an EC street identified in section 30.6.2(a)(22) and (23) (hereinafter, the
"applicable reference date").
2. Parcels not sharing boundary with an EC street. Each parcel within five hundred (500) feet of
the right-of-way of an EC street that did not share at any point a boundary with the right -of --way
of an EC street on the applicable reference date.
c. Extent of overlay district.
The overlay district extends across
the entire width of each
parcel
contiguous to an EC street.
The overlay district extends to the
depth of each parcel as
follows:
1. Parcels sharing boundary with'an EC street on reference date. If the parcel shared a boundary
with an EC street on the applicable reference date as provided in section 30.6.2(b)(1), the overlay
district extends to the full depth of the parcel.
2. Parcels not sharing boundary with an EC street. If the parcel is within five hundred (500) feet of
an EC street and did not share a boundary with an EC street on the applicable reference date as
provided in section 30.6.2(b)(2), the overlay district extends to a depth of five hundred (500) feet
from the right-of-way of the EC street.
d. Effect of subsequent change to parcel boundaries. The subdivision, boundary line adjustment, or any
other change to the boundaries of a parcel after the applicable reference date shall not reduce the area
subject to this section 30.6 without a zoning map amendment that changes the boundaries to the
entrance corridor overlay district.
(§ 30.6.2, 10-3-90; 1144-90; 9-9-92; Ord. 00-18(4), 4-12-00; Ord. 01-18(3), 5-9-01; Ord. 05-18(9), I1-2-
O5; Ord. 10-18(5), 5-12-10)
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote six to zero,
as recorded below, at a meeting held on December 5, 2018.
Agnimmulawm � "
Mr.
Dill
Y
Mr.
Gallaway
Y
Ms.
Mallek
Y
Ms.
McKeel
Y
Ms.
Palmer
Y
Mr.
Randolph
Y
ORDINANCE NO. 18-A(6)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, OF THE CODE OF THE COUNTY OF
ALBEMARLE, VIRGINIA, BY AMENDING THE ZONING MAP TO EXTEND THE BOUNDARIES OF
THE ENTRANCE CORRIDOR OVERLAY DISTRICT
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that, pursuant to the
authority contained in Virginia Code § 15.2-2280, et seq., including the purposes of zoning ordinances in Virginia
Code § 15.2-2283 and the material and relevant factors for establishing zoning districts set out in Virginia Code §
15.2-2284, the zoning map is hereby amended to extend the entrance corridor overlay district to those lands
shown on the maps attached hereto as Exhibit A, which Exhibit is incorporated herein by reference.
This ordinance shall be effective immediately.
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below,
at a meeting held on December 5, 2018.
Mr.
Dill
Y
Mr.
Gallaway
Y
Ms.
Mallek
Y
Ms.
McKeel
Y _
Ms.
Palmer
Y _
Mr.
Randolph
Y
RESOLUTION OF INTENT
WHEREAS, the Historic, Cultural, and Scenic Resources Chapter of the Albemarle County
Comprehensive Plan states that one of the objectives of the County is to "Maintain the visual integrity of
Albemarle's Entrance Corridors'; and
WHEREAS, the Albemarle County Comprehensive Plan, Chapter 5 (Historic, Cultural, and
Scenic Resources), Strategy 8f proposes that consideration be given to placing the John Warner Parkway
in the Entrance Corridor Overlay District to ensure that the visual integrity of the road is not diminished;
and
WHEREAS, the Planning Commission passed a resolution at its February 20, 2018 meeting
asking that consideration be given to placing the John Warner Parkway in the Entrance Corridor Overlay
District; and
WHEREAS, development interest and activity in this heavily travelled East Rio/John Warner
corridor makes this consideration timely.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare, and good zoning and development practices, the Albemarle County Board
of Supervisors hereby adopts a resolution of intent to consider amending Albemarle County Code § I&
30.6.2 and any other sections of the Zoning Ordinance deemed to be appropriate to achieve the purposes
described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing
on the zoning text amendment proposed by this resolution of intent, and make its recommendations to the
Board of Supervisors, at the earliest possible date.
I, Claudette K Borgersen, do hereby certify that the foregoing writing is a true and correct copy ofa
Resolution duly adopted by the Albemarle County Board of Supervisors by a vote of five to zero, as
recorded below, at a meeting held on July 11, 2018.
Ave
Mr.
Dill
Absent
Mr.
Gallaway
Y
Ms.
Mallek
Y _
Ms.
McKeel
Y _
Ms.
Palmer
Y
Mr.
Randolph
Y