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HomeMy WebLinkAboutZTA201400003 Transmittal SummaryCOUNTY OF ALBEMARLE TRANSMITTAL TO THE BOARD OF SUPERVISORS SUMMARY OF PLANNING COMMISSION ACTION AGENDA TITLE: ZTA-2014-00003 Neighborhood Model Setbacks and Yards SUBJECT/PROPOSAL/REQUEST: Public Hearing to amend the Zoning Ordinance to modify setbacks and yard regulations in development area zoning districts AGENDA DATE: June 3, 2015 STAFF CONTACT(S): Higgins, Cilimberg, Burbage, Kamptner PRESENTER (S): Ron Higgins BACKGROUND: Since the incorporation of Neighborhood Model principles of denser, mixed uses, pedestrian oriented development into the Comprehensive Plan in 2001, the county has worked to establish this form in the development areas. This anticipates the use of reduced yard requirements to better enable this urban form in the Plan’s Development Areas. These latest zoning text amendment proposals are for all conventional zoning districts in the Development Areas. The proposed amendments represent a significant amount of input from staff, the Community Advisory Councils, the Planning C ommission, the development community and the Board. PLANNING COMMISSION ACTION: After conducting public hearings on the proposed text amendments, the Planning Commission voted to recommend to the Board of Supervisors, approval of ZTA201400003 with some modifications. The modifications were made and presented to the Board at a work session on May 6, 2015 (see May 6, 2015 BOS Work Session staff report, Attachment A). DISCUSSION: At your work session on May 6, 2015 you accepted the changes and discussed the draft ordinance provisions. The Board agreed to schedule this public hearing with further changes to the proposed ordinance that: -Removes the 3’ setback for front facing garages beyond the front wall of the dwelling. -Further clarifies the grandfathering of maximum setbacks in commercial districts for structures existing on June 3, 2015 or on a valid plan approved prior to June 3, 2015. RECOMMENDATIONS: Staff recommends acceptance of the changes noted from the Planning Commission and Boar d and adoption of ZTA201400003 (Attachment B). ATTACHMENTS: Attachment A – Board of Supervisors Work Session staff report for May 6, 2015. Attachment B – Proposed Ordinance with revisions from Planning Commission and Board of Supervisors. Attachment C – Revised Comparison Diagrams illustrating the proposed changes without a 3’ front facing garage setback beyond the front wall of dwellings. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2014-00003 Neighborhood Model – Setbacks & Yards SUBJECT/PROPOSAL/REQUEST: Work Session-Review and Discussion of proposed ordinance to modify setback and yard regulations in development areas zoning districts in order to permit Neighborhood Model forms of development. STAFF: Higgins, Cilimberg, Burbage, Kamptner BOARD OF SUPERVISORS MEETING DATE: May 6,2015 BACKGROUND The current Zoning Ordinance was adopted in 1980 and included minimum required front, side and rear yards for conventional zoning districts. The provisions adopted at that time reflected a more suburban form of development. The 2001 Neighborhood Model amendments to the Comprehensive Plan established new pr inciples of denser, mixed use, pedestrian oriented development and anticipated reduced yard requirements to better enable this urban form in the Plan’s Development Areas. Prior Resolutions of Intent (ZTAs 2004-00002 and 2005-00001) were adopted to consider amending the Zoning Ordinance to incorporate Neighborhood Model yard standards in conventional zoning districts. Although several work sessions have been held by the Planning Commission since and staff held two roundtable discussions with stakeholders in 2011, the yard requirements have not yet been amended. In the mean time, multiple projects have been rezoned to Neighborhood Model District (NMD), a planned development district added to the zoning ordinance in 2003, with the allowance for reduced setbacks and yards consistent with the Neighborhood Model principles. Also, staff reports for new Zoning Map Amendments routinely include a “Neighborhood Model Analysis” to evaluate a proposal’s adherence to the NMD principles. After conducting a public hearing on a proposed zoning text amendment to amend the yard requirements on November 11, 2014 (see Attachment A, Staff Report), the Planning Commission deferred action and asked the staff to hold another roundtable with the development community to hear th eir comments and ideas pertaining to maximum setbacks, the proposed garage off-set, and special exceptions to modify applicable setback standards. The roundtable provided valuable information, which resulted in the revised ordinance that was considered by the Planning Commission at a second public hearing on March 17, 2015 (see Attachment B, Staff Report). The Commission recommended the proposed ordinance to the Board of Supervisors for approval with some modifications. DISCUSSION The proposed amendments to the setback and yard regulations are intended to implement the Neighborhood Model principles and enable conventional residential, commercial and industrial districts to achieve a form of development comparable to that which has been possible for approximately 10 years in planned development districts, in particular the Neighborhood Model District. To that end, the Planning Commission voted on March 17, 2015 to recommend adoption of the proposed ordinance (see Attachment C) with the following modifications: 1. Address grandfathering of proffered conventional re-zonings. --This has been accomplished in the attached ordinance by adding a note at the end of the tables in Sections 4.19 and 4.20. 2. Write in the provisions for reduction of minimum setbacks by special exception. --This has been included in the attached ordinance by adding a note after the tables in Sections 4.19 and 4.20. 3. Clarify the definition of infill so the reference is to the lot as it exists at the time of proposed development. --The proposed ordinance now includes this clarification in the definition of “infill”. 2 4. Change references to “residential structure” to “dwelling unit” as that is a defined term in the zoning ordinance. --The proposed ordinance now uses “dwelling unit” consistently. 5. Address the numbering of Sections 4.11.5 and 4.11.6 as necessary. --This has been corrected in the proposed ordinance by renumbering these sections as 4.19 and 4.20. 6. Include a note in the tables that clarifies references to yards and setbacks in the definition section (Section 3.1). --Rather than address this with a note, this draft revises the definition of “setback” to make this clarification . 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. RECOMMENDATION After review of this proposed zoning text amendment further implementing the Neighborhood Model through changes to setback and yard regulations in the development areas, staff recommends that the Board schedule this amendment for public hearing. ATTACHMENTS: Attachment A: Planning Commission Public Hearing staff report for November 11, 2014. Attachment B: Planning Commission Final Action staff report for March 17, 2015. Attachment C: Proposed Ordinance. Attachment D: Revised Comparison Diagrams illustration the proposed changes. Attachment E. Resolution of Intent, adopted March 25, 2014. Draft: 05/18/15 1 ORDINANCE NO. 15-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL REGULATIONS, ARTICLE II, BASIC REGULATIONS, AND 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 I, General Regulations, Article II, Basic Regulations, and Article III, District Regulations, are hereby amended and reordained as follows: By Amending: Sec. 3.1 Definitions Sec. 13.3 Area and bulk regulations Sec. 14.3 Area and bulk regulations Sec. 15.3 Area and bulk regulations Sec. 16.3 Area and bulk regulations Sec. 16.6 Building separation Sec. 17.3 Area and bulk regulations Sec. 17.6 Building separation Sec. 17.8 Height regulations Sec. 18.3 Area and bulk regulations Sec. 18.6 Building separation Sec. 18.8 Height regulations Sec. 19.7 Height regulations Sec. 19.8 Building separation Sec. 19.9 Setback and yard regulations Sec. 20.8.4 Height regulations Sec. 20.8.5 Building separation Sec. 20.8.6 Setback and yard regulations Sec. 21.4 Height regulations Sec. 21.7 Minimum yard requirements Sec. 21.9 Building separation Sec. 26.4 Structure height and setback Sec. 26.5 Minimum yards By Adding: Sec. 4.19 Setbacks and stepbacks in residential districts Sec. 4.20 Setbacks and stepbacks in conventional commercial and industrial districts Article I. General Provisions Sec. 3.1 Definitions. . . . Infill: As used in section 4.19, when forty percent (40%) or more, in the aggregate, of the residentially zoned lots fronting on a street are developed within five hundred (500) feet in both directions of the subject lot having less than one hundred twenty (120) feet of frontage on the same street at the time that it is developed. Draft: 05/18/15 2 . . . Setback: The distance by which any building or structure is separated from any street, road, or access easement, or lot line. (Amended 7-1-81) . . . (§ 20-3.1, 12-10-80, 7-1-81, 12-16-81, 2-10-82, 6-2-82, 1-1-83, 7-6-83, 11-7-84, 7-17-85, 3-5-86, 1-1-87, 6- 10-87, 12-2-87, 7-20-88, 12-7-88, 11-1-89, 6-10-92, 7-8-92, 9-15-93, 8-10-94, 10-11-95, 11-15-95, 10-9-96, 12-10-97; § 18-3.1, Ord. 98-A(1), 8-5-98; Ord. 01-18(6), 10-3-01; Ord. 01-18(9), 10-17-01; Ord. 02-18(2), 2-6-02; Ord. 02-18(5), 7-3-02; Ord. 02-18(7), 10-9-02; Ord. 03-18(1), 2-5-03; Ord. 03-18(2), 3-19-03; Ord. 04-18(2), 10-13-04; 05-18(2), 2-2-05; Ord. 05-18(7), 6-8-05; Ord. 05-18(8), 7-13-05; Ord. 06-18(2), 12-13- 06; Ord. 07-18(1), 7-11-07; Ord. 07-18(2), 10-3-07; Ord. 08-18(3), 6-11-08; Ord. 08-18(4), 6-11-08; Ord. 08-18(6), 11-12-08; Ord. 08-18(7), 11-12-08; Ord. 09-18(3), 7-1-09; Ord. 09-18(5), 7-1-09; 09-18(8), 8-5- 09; Ord. 09-18(9), 10-14-09; Ord. 09-18(10), 12-2-09; Ord. 09-18(11), 12-10-09; Ord. 10-18(3), 5-5-10; Ord. 10-18(4), 5-5-10; Ord. 10-18(5), 5-12-10; Ord. 11-18(1), 1-12-11; Ord. 11-18(5), 6-1-11; Ord. 11-18(6), 6-1- 11; Ord. 12-18(3), 6-6-12; Ord. 12-18(4), 7-11-12; Ord. 12-18(6), 10-3-12, effective 1-1-13; Ord. 12-18(7), 12-5-12, effective 4-1-13; Ord. 13-18(1), 4-3-13; Ord. 13-18(2), 4-3-13; Ord. 13-18(3), 5-8-13; Ord. 13- 18(5), 9-11-13; Ord. 13-18(6), 11-13-13, effective 1-1-14; Ord. 13-18(7), 12-4-13, effective 1-1-14; Ord. 14- 18(2), 3-5-14) State law reference – Va. Code § 15.2-2286(A)(4). Article II. Basic Regulations Sec. 4.19 Setbacks and stepbacks in residential districts The following shall apply within the R-1, R-2, R-4, R-6, R-10, and R-15 districts: Infill: Setbacks Front-Minimum Front-Maximum Garage-Minimum Garage-Maximum Side-Minimum Side-Maximum Rear-Minimum Rear- Maximum Closest setback of an existing structure within 500 feet in each direction along street fronted None Front loading garage: 18 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way Side loading garage: Closest setback of an existing structure within 500 feet in each direction along street fronted None 10 feet, unless the building shares a common wall; provided that in the R-10 and R-15 districts if the abutting lot is zoned residential other than R-10 and R-15, Rural Areas, or the Monticello Historic district, any dwelling unit that exceeds 35 feet in height shall be set back 10 feet plus one foot for each foot the dwelling unit exceeds 35 feet in height None 20 feet None Draft: 05/18/15 3 Infill: Stepbacks Front Side and Rear Floors above 40 feet or the third story, whichever is less, shall be stepped back a minimum of 15 feet None Non-Infill: Setbacks Front-Minimum Front-Maximum Garage-Minimum Garage-Maximum Side-Minimum Side-Maximum Rear-Minimum Rear- Maximum Non-Infill:Building Separation Minimum Side-Maximum Non-Infill: Stepbacks Front Side and Rear 5 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way In the R-1 and R-2 districts: None In the R-4, R-6, R-10, and R-15 districts: 25 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way; none, on any lot abutting a principal arterial highway Front loading garage: 18 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way Side loading garage: 5 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way None None; see Non-Infill Building Separation None 20 feet None 10 feet, unless the building shares a common wall; provided that in the R-10 and R-15 districts if the abutting lot is zoned residential other than R-10 and R-15, rural areas, or the Monticello Historic district, any building that exceeds 35 feet in height shall be separated from any other building by 10 feet plus one foot for each foot the building exceeds 35 feet in height None Floors above 40 feet or the third story, whichever is less, shall be stepped back a minimum of 15 feet None 1. Whether a site is an infill or non-infill development, and the minimum and maximum setback, shall be determined by the zoning administrator as an official determination provided to the owner . 2. Any minimum setback and any minimum building separation for a side yard, may be reduced by special exception. 3. The maximum front setback for a non-infill development shall be increased to the depth necessary to avoid existing utilities, significant existing vegetation steep slopes, perennial and intermittent streams, stream buffers, public spaces Draft: 05/18/15 4 and public plazas shown as such on an approved site plan or subdivision plat, to satisfy a condition of a certificate of appropriateness, and in circumstances where there are multiple dwellings on the same lot and prevailing development patterns.. 4. The maximum front setback for a non-infill development may be increased by special exception to accommodate low impact design, unique parking or circulation plans, or a unique target market design. 5.The minimum 15 foot stepback may be reduced by special exception. 6. Notwithstanding section 4.6.3, the front setbacks in the districts subject to this section shall be measured from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right -of-way. 7. On any site subject to proffered conditions accepted in conjunction with a zoning map amendment establishing minimum or maximum setbacks or stepbacks, the proffered setbacks or stepbacks shall apply. Figures Figures 1 through 4 are for illustration purposes only. If there is a conflict or inconsistency between a regulation in section 4.19 to which a Figure pertains and the Figure itself, the regulation is controlling. In addition, Figures 1 through 4 merely illustrate specific requirements and do not show all applicable requirements of the applicable district regulations. Figure 1 Figure 2 Draft: 05/18/15 5 Figure 3 Figure 4 State law reference – Va. Code § 15.2-2280 Sec. 4.20 Setbacks and stepbacks in conventional commercial and industrial districts Setbacks and stepbacks shall be provided as follows: a. Conventional commercial districts. The following shall apply within the C-1, CO, and HC districts: Setbacks Front-Minimum Front-Maximum 10 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way 30 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way, provided that this maximum setback shall not apply to any structure existing on June 3, 2015 and to any structure depicted on an approved final site Draft: 05/18/15 6 Side and Rear- Minimum Side and Rear- Maximum Stepbacks Front Side and Rear plan that is valid on June 3, 2015 as having a front setback greater than 30 feet; none, on any lot abutting a principal arterial highway If the abutting lot is zoned residential, rural areas, or the Monticello Historic district: (i) no portion of any structure, excluding signs, shall be located closer than 50 feet from the district boundary; and (ii) no off-street parking or loading space shall be located closer than 20 feet to the district boundary. If the abutting lot is zoned commercial or industrial, any primary structure shall be constructed and separated in accordance with the current edition of the Building Code. None Floors above 40 feet or the third story, whichever is less, shall be stepped back a minimum of 15 feet None 1. The maximum front setback shall be increased to the depth necessary to avoid existing utilities, significant existing vegetation, steep slopes, perennial and intermittent streams, stream buffers, public spaces and public shown as such on an approved site plan or subdivision plat, to satisfy a condition of a certificate of appropriateness , and in circumstances where there are multiple buildings on the same lot and prevailing development patterns. 2. The maximum front setback may be increased by special exception to accommodate low impact design, unique parking or circulation plans, or a unique target market design. 3. Any minimum setback may be reduced by special exception. 4. The minimum 15 foot stepback may be reduced by special exception. 5. Notwithstanding section 4.6.3, the front setbacks in the districts subject to this subsection shall be measured from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right -of-way. 6. On any site subject to proffered conditions accepted in conjunction with a zoning map amendment establishing minimum or maximum setbacks or stepbacks, the proffered setbacks or stepbacks shall apply. b. Conventional industrial districts. The following shall apply within the LI and HI districts: Setbacks Front-Minimum Front-Maximum Side and Rear- Minimum 10 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way None In the LI district, if the abutting lot is zoned residential, rural areas, or the Monticello Historic district: (i) no portion of any structure, excluding signs, shall be located closer than 50 feet from the district boundary; and (ii) no portion of any off-street parking space shall be located closer than 30 feet from the district boundary. In the HI district, if the abutting lot is zoned residential, rural areas, or the Monticello Historic district: (i) no portion of any structure, excluding signs, shall be located closer than 100 feet from the district boundary; and (ii) no portion of any off-street parking space shall be located closer than 30 feet from the district boundary. If the abutting lot is zoned commercial or industrial, any primary structure shall be constructed and separated in accordance with the current edition of the Building Code. Draft: 05/18/15 7 Side and Rear- Maximum Stepbacks Front Side and Rear None Floors above 40 feet or the third story, whichever is less, shall be stepped back a minimum of 15 feet None 1. Any maximum front setback may be increased by special exception. 2. Any minimum setback may be reduced by special exception. 3. The minimum 15 foot stepback may be reduced by special exception. 4. Notwithstanding section 4.6.3, the front setbacks in the districts subject to this subsection shall be measured from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right -of-way. 5. On any site subject to proffered conditions accepted in conjunction with a zoning map amendment establishing minimum or maximum setbacks or stepbacks, the proffered setbacks or stepbacks shall apply. Figures Figures 1 through 6 are for illustration purposes only. If there is a conflict or inconsistency between a regulation in section 4.20 to which a Figure pertains and the Figure itself, the regulation is controlling. In addition, Figures 1 through 6 merely illustrate specific requirements and do not show all applicable requirements of the applicable district regulations. Figure 1 Draft: 05/18/15 8 Figure 2 Figure 3 Draft: 05/18/15 9 Figure 4 Figure 5 Draft: 05/18/15 10 Figure 6 State law reference – Va. Code § 15.2-2280 Article III. District Regulations Section 13 Residential R-1 Sec. 13.3 Area and bulk regulations AREA AND BULK REGULATIONS Area and bulk regulations within the R-1, Residential, district are as follows: STANDARD LEVEL BONUS LEVEL CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT Gross density 0.97 du/acre 0.97 du/acre 1.45 du/acre 1.45du/acre Minimum Lot Size 45,000 sq ft 30,000 sq ft 30,000 sq ft. 20,000 sq ft Minimum frontage: public, private 120 feet 100 feet 100 feet 80 feet Yards, minimum: Front 25 feet 25 feet 25 feet 25 feet Side 15 feet 15 feet 15 feet 1 5 feet Rear 20 feet 20 feet 20 feet 20 feet The minimum and maximum yards, including those for garages, and minimum building separation, shall be as provided in section 4.19. Maximum Structure height 35 feet 35 feet 35 feet 30 feet Draft: 05/18/15 11 Section 14 Residential R-2 Sec. 14.3 Area and bulk regulations Area and bulk regulations within the R-2, Residential, district are as follows: STANDARD LEVEL BONUS LEVEL CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT Gross density 2 du/acre 2 du/acre 3 du/acre 3 du/acre Minimum Lot Size 21,780 sq ft 14,500 sq ft 1 4,520 sq ft. 9,700 sq ft Minimum frontage: public, private 80 feet 70 feet 70 feet 65 feet Yards, minimum: Front 25 feet 25 feet 25 feet 25 feet Side 10 feet 10 f eet 10 feet 10 feet Rear 20 feet 20 feet 20 feet 20 feet (a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimu m side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4 .11.3 and are approved under chapter 14. The minimum and maximum yards, including those for garages, and minimum building separation, shall be as provided in section 4.19. Maximum Structure height 35 feet 35 feet 35 feet 35 feet (§ 20-14.3, 12-10-80; Ord. 08-18(4), 6-11-08) Section 15 Residential R-4 Sec. 15.3 Area and bulk regulations (Amended 3-18-81) Area and bulk regulations within the R-4, Residential, district are as follows: STANDARD LEVEL BONUS LEVEL CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT Gross density 4 du/acre 4 du/acre 6 du/acre 6 du/acre Minimum Lot Size (added 7-17-85) 10,890 sq ft N/A 7,260 sq ft. N/A Yards, minimum: Front 25 feet 25 feet 25 feet 25 feet Side(a) 15 feet 15 feet 15 feet 15 feet Rear 20 feet 20 feet 20 feet 20 feet (a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are approved under chapter 14. The minimum and maximum yards, including those for garages, and minimum building separation, shall be as provided in section 4.19. (Amended 1-1-83; 6-11-08) Maximum Structure height 35 feet 35 feet 35 feet 35 feet (§ 20-15.3, 12-10-80; 1-1-83; 7-17-85; Ord. 08-18(4), 6-11-08) Draft: 05/18/15 12 Section 16 Residential R-6 Sec. 16.3 Area and bulk regulations Area and bulk regulations within the R-6, Residential, district are as follows: STANDARD LEVEL BONUS LEVEL CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT Gross density 6 du/acre 6 du/acre 9 du/acre 9du/acre Minimum Lot Size (Added 7-17-85) 7,260 sq ft N/A 4,840 sq ft. N/A Yards, minimum: Front 25 feet 25 feet 25 feet 25 feet Side(a) 15 feet 15 feet 15 feet 15 feet Rear 20 feet 20 feet 20 feet 20 feet (a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are approved under chapter 14. The minimum and maximum yards, including those for garages, shall be as provided in section 4.19. (Amended 1-1-83, 6-11-08) Maximum Structure height 35 feet 35 feet 35 feet 35 feet (§20-16.3, 12-10-80; 1-1-83; 7-17-85; Ord. 08-18(4), 6-11-08) Sec. 16.6 Building separation In any case in which there is more than one main structure on any parcel, there shall be a minimum of thirty (30) feet between such structures except as otherwise provided in section 4.11.3. This provision shall not apply to structures built to a common wall. The minimum building separation shall be as provided in section 4.19. (Amended 1-1-83) (Amended 8-14-85) Section 17 Residential R-10 Sec. 17.3 Area and bulk regulations Area and bulk regulations within the R-10, Residential, district are as follows: STANDARD LEVEL BONUS LEVEL CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT Gross density 10 du/acre 10 du/acre 15 du/acre 15du/acre Minimum Lot Size (Added 7-17-85) 4,356 sq ft N/A 2,904 sq ft. N/A Yards, minimum: Front 25 feet 25 feet 25 feet 25 feet Side(a) 15 feet 15 feet 15 feet 15 feet Rear 20 feet 20 feet 20 feet 20 feet (a) Minimum side yards may be reduced to not less than (10) feet in accordance with section 4.11.3, provided that minimum side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are approved unde r chapter 14. The minimum and maximum yards, including those for garages, shall be as provided in section 4.19. Maximum Structure height 65 feet 65 feet 65 feet 65 feet (§ 20-17.3, 12-10-80; 7-17-85; Ord. 08-18(4), 6-11-08) Draft: 05/18/15 13 Sec. 17.6 Building separation In any case in which there is more than one main structure on any parcel, there shall be a minimum of thirty (30) feet between such structures except as otherwise provided in section 4.11.3. This provision shall not apply to structures built to a common wall. The minimum building separation shall be as provided in section 4.19. (Amended 1-1-83) Sec. 17.8 Height regulations Except as otherwise provided in section 4.10, structures may be erected to a height not to excess exceed sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be set back from any street right-of-way or single-family residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five (35) feet. The minimum stepback requirements for any structure exceeding forty (40) feet or three (3) stories, whichever is less, in height shall be as provided in section 4.19. (Amended 9- 9-92) (Amended 8-14-85) Section 18 Residential R-15 Sec. 18.3 Area and bulk regulations Area and bulk regulations within the R-15, Residential, district are as follows: STANDARD LEVEL BONUS LEVEL CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT Gross density 15 du/acre 15 du/acre 20 du/acre 20 du/acre Minimum Lot Size (Added 7-17-85) 2,904 sq ft N/A 2,178 sq ft. N/A Yards, minimum: Front 25 feet 25 feet 25 feet 25 feet Side(a) 15 feet 15 feet 15 feet 15 feet Rear 20 feet 20 feet 20 feet 20 feet (a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are approved under chapter 14. The minimum and maximum yards, including those for garages, shall be as provided in section 4.19. (Amended 1-1-83) Maximum Structure height 65 feet 65 feet 65 feet 65 feet (§ 20-18.3, 12-10-80, 6-11-08; 1-1-83; 7-17-85; Ord. 08-18(4), 6-11-08) Sec. 18.6 Building separation In any case in which there is more than one main structure on any parcel, there shall be a minimum of thirty (30) feet between such structures except as otherwise provided in section 4.11.3. This provision shall not apply to structures built to a common wall. The minimum building separation shall be as provided in section 4.19. (Amended 1-1-83) Sec. 18.8 Height regulations Except as otherwise provided in section 4.10, structures may be erected to a height not to exceed sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be set back from any Draft: 05/18/15 14 street right-of-way or single-family residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five (35) feet. The minimum stepback requirements for any structure exceeding forty (40) feet or three (3) stories, whichever is less, in height shall be as provided in section 4.19. (Amended 9- 9-92) (Amended 8-14-85) Section 19 Planned Residential Development – PRD Sec. 19.7 Height regulations Except as otherwise provided in section 4.10, structures may be erected to a height not to exceed sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be set back from any street right-of-way or single-family residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five (35) feet. The minimum stepback requirements for any structure exceeding forty (40) feet or three (3) stories, whichever is less, in height shall be as provided in section 4.19. (Amended 9- 9-92) Sec. 19.8 Building separation Except as otherwise provided in section 4.11.3, whether or not located on the same parcel, there shall be a minimum of thirty (30) feet between main structures. This provision shall not apply to structures built to a common wall. The minimum building separation shall be as provided in section 4.19. (Amended 1-1-83) Sec. 19.9 Setbacks and yard regulations 19.9.1 Structures to be located on the outer perimeter of a PRD district shall conform to the setback and yard regulations of the adjoining district. 19.9.2 Within the PRD district, the board of supervisors shall establish minimum setback and yard requirements at time of establishment of such district. The minimum and maximum yards, including those for garages, shall be as provided in section 4.19. Section 20 Planned Unit Development – PUD Sec. 20.8.4 Height regulations Except as otherwise provided in section 4.10, structures may be erected to a height not to exceed sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be set back from any street right-of-way or single-family residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five (35) feet. The minimum stepback requirements for any structure exceeding forty (40) feet or three (3) stories, whichever is less, in height shall be as provided in section 4.19. (Amended 9-9-92) Draft: 05/18/15 15 Sec. 20.8.5 Building separation Except as otherwise provided in section 4.11.3, whether or not located on the same parcel there shall be a minimum of thirty (30) feet between main structures. This provision shall not apply to structures built to a common wall. The minimum building separation shall be as provided in section 4.19. (Amended 1-1-83) Sec. 20.8.6 Setback and yard regulations Structures to be located on the outer perimeter of a PUD district shall conform to the setback and yard regulations of the adjoining district. Within the PUD district, the board of supervisors shall establish minimum setback and yard requirements at time of establishment of such district. The minimum and maximum yards, including those for garages, shall be as provided in section 4.19. Section 21 Commercial Districts – Generally Sec. 21.4 Height regulations Except as otherwise provided in section 4.10, structures may be erected to a height not to exceed sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be set back from any street right-of-way or single-family residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five (35) feet. The minimum stepback requirements for any structure exceeding forty (40) feet or three (3) stories, whichever is less, in height shall be as provided in section 4.20. (Amended 9- 9-92) Sec. 21.7 Minimum yard requirements The minimum yard requirements in the commercial districts are as follows: a. Adjacent to public streets. No portion of any structure, excluding signs, shall be erected closer than thirty (30) feet to any public street right-of-way. No off-street parking or loading space shall be located closer than ten (10) feet to any public street right-of-way. The minimum and maximum front yards shall be as provided in section 4.20. (Amended 7-10-85; 7-8-92) b. Adjacent to residential and , rural areas, or the Monticello Historic districts and rural areas districts. No portion of any structure, excluding signs, shall be located closer than fifty (50) feet to any residential or rural areas district. No off-street parking or loading space shall be located closer than twenty (20) feet to any residential or rural areas district. If the abutting lot is zoned residential, rural areas, or the Monticello Historic district, the minimum and maximum side and rear yards shall be as provided in section 4.20. (Amended 7-10-85; 7-8-92) c. Buffer zone adjacent to residential and rural areas districts. No construction activity including grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or rural areas district. Screening shall be provided as required in section 32.7.9. The board of supervisors may waive by special exception the prohibition of construction activity, grading or the clearing of vegetation in the buffer in a particular case upon consideration of whether: (i) the developer or subdivider demonstrates that grading or clearing is necessary or would result in an improved site Draft: 05/18/15 16 design; (ii) minimum screening requirements will be satisfied; and (iii) existing landscaping in excess of minimum requirements is substantially restored. (Amended 9-9-92) 1. Waiver by the commission. The commission may waive the prohibition of construction activity, grading or the clearing of vegetation in the buffer in a particular case where the developer or subdivider demonstrateds that grading or clearing is necessary or would result in an improved site design, provided that: (i) minimum screening requirements are met and (ii) existing landscaping in excess of minimum requirements is substantially restored. (Added 7-10-85) 2. Waiver by the agent. In accordance with the procedures stated in section 2.5 of this chapter, the agent may waive the prohibition of construction activity, grading or the clearing of vegetation in the buffer zone in the following circumstances: (i) adequate landscape screening does not currently exist and the installation of screening which meets or exceeds the requirements of this chapter would result in disturbance to the buffer; (ii) an arborist or landscape architect certifies that trees in the buffer are dying, diseased or will constitute a fall hazard; (iii) the county engineer determines that disturbance of the buffer is necessary in order to address an existing drainage problem; or (iv) disturbance of the buffer will result in improved screening through the use of a berm, a retaining wall or similar physical modification or improvement. In such a case, the developer or subdivider shall illustrate the result of both the existing screening without disturbance of the buffer and the screening that would be provided as a result of the disturbance of the buffer. (12-10-80, §§ 21.7, 21.7.1, 21.7.2, 21.7.3; 7-10-85, 7-8-92, 9-9-92; Ord. 01-18(3), 5-9-01; Ord. 09-18(1), 1- 14-09, § 21.7) Sec. 21.9 Building separation Whether or not located on the same parcel, main structures shall be constructed and separated in accordance with Table 401 Fire Resistance Ratings of Structure Elements of the BOCA Basic Building Code, 1994 Edition or its equivalent in the current edition of the BOCA Basic Building Code. The minimum building separation shall be as provided in section 4.20. (Amended 10-15-06) Section 26 Industrial Districts – Generally Sec 26.4 Structure height and setback (Formerly Standard Ratios, Repealed 4-3-13) The maximum structure height and minimum setback for structures exceeding thirty-five (35) feet in height in the industrial districts are as follows: a. Maximum height. Except as otherwise provided in section 4.10, structures may be erected to a height not to exceed sixty-five (65) feet. The minimum stepback requirements for any structure exceeding forty (40) feet or three (3) stories, whichever is less, in height shall be as provided in section 4.20. b. Minimum setback. Any structure exceeding thirty-five (35) feet in height shall be set back from any street right-of-way or residential or agricultural district a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five (35) feet plus the applicable minimum yard. Draft: 05/18/15 17 (§ 26.4, Ord. 13-18(1), 4-3-13; § 26.6, 12-10-80, 9-9-92) Sec. 26.5 Minimum yards (Formerly Off-Street Parking and Loading Requirements, Repealed 4-3-13) The minimum yard requirements in the industrial districts are as follows: a. Adjacent to public streets. No portion of any structure, excluding signs, shall be located within fifty (50) feet of any public street right-of-way. No portion of any off-street parking or loading space shall be located within ten (10) feet of any public street right-of-way. The minimum and maximum front yards shall be as provided in section 4.20. b. Adjacent to district other than commercial or industrial district. No portion of any structure, excluding signs, shall be located within fifty (50) feet of any district other than a commercial or industrial district and no portion of any off-street parking space shall be located within thirty (30) feet of any district other than a commercial or industrial district. In the heavy industry (HI) district, no portion of any structure, excluding signs, shall be located within one hundred (100) feet of any district other than a commercial or industrial district and no portion of any off-street parking shall be located within thirty (30) feet of any district other than a commercial or industrial district. If the abutting lot is zoned residential, rural areas, or the Monticello Historic district, the minimum and maximum side and rear yards shall be as provided in section 4.20. (Amended 7- 10-85; 7-8-92) c. Buffer adjacent to district other than commercial or industrial district. No construction activity, including grading or clearing vegetation (collectively, “disturbance”), shall occur within thirty (30) feet of any district other than a commercial or industrial district except in the following circumstances: (i) adequate landscape screening does not currently exist and disturbance is necessary to install screening that meets or exceeds the screening requirements in section 32.7.9; (ii) an arborist or landscape architect certifies that trees in the buffer are dying, diseased or will constitute a fall hazard and must be removed; (iii) the county engineer determines that disturbance is necessary in order to address an existing drainage problem; or (iv) disturbance will result in improved screening through the use of a berm, a retaining wall or similar physical modification or improvement. When disturbance is allowed under subsection (i), (ii), (iii) or (iv), the developer shall submit an illustration showing the existing screening without disturbance and the screening that would be installed after the disturbance, and disturbance shall be allowed only if the screening installed after the disturbance is equal to or exceeds the screening existing prior to disturbance. (Amended 9-9-92) d. Special exception to disturb buffer abutting district other than a commercial or industrial district. The board of supervisors may authorize a disturbance in the buffer required to be maintained under subsection (c) by special exception. The board shall consider whether disturbance is necessary or would result in an improved site design, provided that: (i) minimum screening requirements are met; and (ii) existing landscaping in excess of minimum requirements is substantially restored. (Added 7- 10-85) e. Building separation. The minimum building separation shall be as provided in section 4.20. (§ 26.5, Ord. 13-18(1), 4-3-13; § 26.10, Ord. 09-18(1), 1-14-09; §§ 26.10, 26.10.1, 26.10.2, 26.10.3; 12-10- 80; 7-10-85, 7-8-92, 9-9-92) Draft: 05/18/15 18 I, Ella W. Jordan, 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 _____ to _____, as recorded below, at a regular meeting held on _________________________. __________________________________ Clerk, Board of County Supervisors Aye Nay Mr. Boyd ____ ____ Ms. Dittmar ____ ____ Ms. Mallek ____ ____ Ms. McKeel ____ ____ Ms. Palmer ____ ____ Mr. Sheffield ____ ____ Proposed Conventional and PDD Residential, Non-infill Proposed Conventional Residential, Infill Example Existing Residential, Commercial & Industrial Front Setbacks (side view) Proposed Residential, Commercial & Industrial Front Step Back (side view) Front setback Front setback