HomeMy WebLinkAboutHS201900026 Review Comments 2020-11-03 RESOLUTION TO DENY SPECIAL EXCEPTION APPLICATION
FOR HS2019-00026 THE MANORS LLC
BE IT RESOLVED that,upon consideration of the Memorandum prepared in conjunction with the
application and the attachments thereto, including staff's supporting analysis, any written comments
received, and all of the factors relevant to special exceptions in Albemarle County Code §§ 18-5.1.48 and 18-
33.49,the Albemarle County Board of Supervisors hereby denies the special exception application to modify
the number of guest rooms permitted in a homestay from two to five for HS2019-00026 The Manors LLC.
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution
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. Gallaway
Ms. LaPisto-Kirtley
Ms. Mallek
Ms. McKeel
Ms. Palmer
Ms. Price
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
To: Albemarle County Board of Supervisors
From: Bart Svoboda, Zoning Administrator/Rebecca Ragsdale, Principal Planner
Date: November 4, 2020 (deferred from September 16, 2020)
Re: HS201900026-2405 Northfield (Darrick Harris do Terry Bentley)
Special exception request for a Homestay
TMP: 062A1-00-OG-001 BO
Magisterial District: Rio
School Districts: Woodbrook E.S., Jouett M.S., Albemarle H.S.
Zoning District: R2 Residential
Summary of Special Exception:
The applicant requests one special exception pursuant to County Code § 18-5.1.48(i) for a proposed
homestay at 2405 Northfield Road:
1. To increase the number of guest rooms permitted in a homestay pursuant to County Code § 18-
5.1.48(j)(1)(iii) from two (2) to five (5).
Please see Attachment A for full details of staff's analysis and recommendations.
Staff Recommendation:
Staff recommends that the Board adopt the attached Resolution (Attachment G) to deny the special
exception application. If the Board chooses to approve the special exception, staff recommends that certain
conditions be imposed.
Attachments:
A. Staff Analysis
B. Applicant's Request
C. Neighbor Comments
D. County Code § 18-5.1.48 Homestay Zoning Regulations
E. Location Map
F. Parking and House Location Exhibit
G. Resolution to Deny
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Attachment A - Staff Analysis
STAFF PERSON: Bart Svoboda, Zoning Administrator
Rebecca Ragsdale, Principal Planner
BOARD OF SUPERVISORS: November 4, 2020 (deferred from September 16,2020)
PROJECT: HS201900026
PROPERTY OWNER: Darrick Harris do Terry Bentley
LOCATION: 2405 Northfield Road
TAX MAP/PARCEL: 062A1-00-OG-001B0
MAGISTERIAL DISTRICT: Rio
APPLICANT'S PROPOSAL:
The applicant proposes a homestay with up to five guest rooms offered in the basement level of
the primary single-family dwelling (#2405 Northfield Road) on the property. The owner, Darrick
Harris, proposes to reside in the upper level of the primary dwelling (#2405) and would be
present during the proposed homestay rentals. One special exception request has been
submitted to allow this proposal (Attachment B). This application was initially submitted on )
December 10, 2019 with a request that included an owner-occupancy waiver because the
owner had placed the property in an LLC. The ownership of the property has now been changed
from the LLC to Darrick Harris, and that special exception is no longer needed. The application
will meet all parking, safety inspection, and addressing requirements of the County Code.
1. Number of quest rooms- Special exception request to increase the number of guest
rooms permitted for a homestay pursuant to County Code § 18-5.1.48(j)(1)(iii) from two
` ) (2) to five (5). The Zoning Ordinance regulations found in County Code §18-5.1.48
(Attachment C) limit the number of guest rooms to two. County Code §18-5.1.48(i)
r allows for an increase in the number of guest rooms if a special exception is approved
by the Board and after notice has been provided to abutting property owners. The
definition of"Homestay" in County Code § 18-3.1 allows for no more than five guest
rooms for lodging.
ZONING AND PLANNING HISTORY:
SUB201700107-A subdivision plat was submitted on July 10, 2017 to subdivide the parcel to create
another lot that would front on Old Brook Road. That subdivision application was withdrawn on
r January 24, 2020.
q� B201701357SF- A building permit was issued on June 19, 2017 for a two-car garage with a second-
\°)\ '°U� floor office and bathroom located above the garage. (#2403) The permit was subsequently amended
-t' to expand the structure to a three-car garage. The permit was amended again most recently to
40) propose a single-family dwelling to include living space above the three-car garage. This structure is
ssiapproximately 2,750 square feet in size. A certificate of occupancy has not yet been issued for this
dwelling. The owner has indicated that he intends to use the structure for personal use at this time.
B201801002AR- A building permit for additions to the front and rear of the existing dwelling (#2405)
along with interior remodeling was issued on May 8, 2018. This results in a total square footage of
approximately 5,380 square feet in size. A certificate of occupancy has not yet been issued for this
w
dwelling. Prior to issuing a zoning clearance for a homestay, this dwelling must also obtain a
certificate of occupancy.
Zoning Complaints - Since 2017, various complaints were filed with the County regarding
construction activity and uses of the property. Concerns were received regarding use of the
property as a contractor storage yard, anda violation was found. That violation was abated in
April 2018.
CHARACTER OF THE AREA:
The property is 1.20 acres in size in the Northfields subdivision. The lot is located at the front of
the Northfields development near Rio Road with frontage on Northfield Road and Old Brook
eRoad. This is an area of low-density single-family residential uses consisting primarily of single
family detached units along with nearby non-residential use. The primary dwelling to be used for
the homestay is approximately 70'from the property line with Northfield Road, 200' from the
property line with Old Brook Road, 25' from the eastern property line, and 100' from the western
property line. The side and rear of the yard are fenced, and ample parking is located off-street.
Houses located on either side of the proposed homestay are approximately 60' and 150' away
based on Albemarle County GIS. Across Northfield Road, the nearest house is more than 280'
away and developed similarly to 2405 and 2403 Northfield Road with a main house of
approximately 6,100 square feet and a garage and guest quarters of approximately 1,500
square feet. AcrosslI' Old Brook Road from the homestay is Alliance Baptist Church. (Attachment
E) C�Q71, 1)(is VII\ — /1 rIll S t i- I C ' yflayV�
COMPREHENSIVE PLAN: 5 ' " S
The property is located just beyond the boundaries of the Rio 29 Small Area Plan. The property
is designated Neighborhood Density in the Comprehensive Plan: �(e
Neighborhood Density Residential. This designation is used in areas around Centers where
single-family detached and attached housing with a gross density range between 3—6 units per
acre is desired. This designation is also applied to existing residential areas with densities within
or below this range(see Land Use Table LU2). This designation is essentially the same as the
Neighborhood Density Residential designation in the 1996 Land Use Plan. Primary uses: single-
family residential, including two or more housing types. Secondary uses: retail, commercial, and
office uses that support the neighborhood, live/work units,open space, and institutional uses.
Retail,commercial, office, and institutional uses are encouraged to locate in Centers so they are
accessible to residents throughout the surrounding area, and so they benefit from co-location with
other neighborhood-serving businesses. However,they may be located by exception in areas
around Centers designated Neighborhood Density Residential provided they are compatible with
surrounding uses.
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ABUTTING PROPERTY OWNER COMMENTS:
Notice to abutting property owners was initially mailed on February 6, 2020. The special
exception has been deferred several times and revised from its initial submittal. The most recent
request was received on August 17, 2020. Additional abutting owner notices were mailed on
April 9, 2020, May 28, 2020, and August 24, 2020 Other interested neighbors and HOA
representatives are also aware of the proposal and xpressed interest in commenting on the
proposal. Numerous emails with comments and concerns have been provided. Two emails of
support have been received. (Attachment C-Neighbor Comments) Comments received to-date
have been in reference to the applicant's prior proposal, which included an owner-occupancy
waiver, and the owner had previously proposed to reside in the new dwelling located above the
garage (#2403). 1jh afk
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NEIGHBOR CONCERNS / t_eA IlbjiTAFF COMMENT
The dwellings comply with regulations of the Zoning Ordinance for R2
zoned parcels. The subject property is 1.2 acres in size, which allows two
dwelling units. The structures comply with required Zoning Ordinance
setbacks of 5' front and 5' sides. The property does not have a rear
setback but two fronts (Northfield Drive and Old Brook Road).
COMPLIANCE WITH The requested special exception must be evaluated on its own merits
HOA COVENANTS under applicable factors in the Zoning Ordinance and not on whether the
StS proposed use may conflict with private covenants. If the proposed use
violates the covenants, it may be enforced by the homeowners'
I ( - _ ) association. HOA representatives have indicated the covenants limit
parcels to one single family dwelling, no resubdivision is allowed, and
n� required setbacks are 35' Front, 20' sides, and 25' rear.
Concerns have been expressed that the proposed homestay is a "small
hotel" out of character of with the neighborhood. Also, concerns have
been expressed about the number of guests "up to 20 guests" and
potential impacts to neighbors. As previously mentioned, these
comments were prior to the applicant's amended proposal.
Both dwellings comply with Zoning Ordinance regulations regarding
setbacks and building height. Homestays are permitted as an accessory
SCALE OF PROPOSED use to single family dwellings. The residence (#2405) proposed for
HOMESTAY homestay guest rooms is approximately 5,380 square feet in size and the
owner would reside in the upper level of the dwelling. The proposed five
guest rooms would be in the basement level of the primary dwelling on
the property (Attachment F).
If the Board approves the special exception, staff recommends mitigating
conditions to alleviate potential impacts to neighboring properties,
including limiting t hnumber of guests to 10 and limiting parking
locations.
Staff is aware of reported concerns at Darrick Harris's existing homestay
at 7 Rockbrook Drive owned by The Manors, LLC, which was approved
CONCERNS RELATED as accessory tourist lodging in 2017. Under the prior ordinance, there is
TO OPERATION OF no requirement that homestays be owner-occupied, though they must be
ROCKBROOK MANOR an accessory use to the primary residential use of the property.
Staff is evaluating the proposed homestay at Northfield separately from
the Rockbrook Manor homestay and based on the characteristics of the
subject property and factors to be considered under County Code.
Each special exception request must be reviewed according to the
PRECEDENCE Zoning Ordinance factors to be considered and on its own merits and
unique set of circumstances, characteristics of the parcel and
surrounding parcels, along with neighbor comments. Approval of a
special exception does not obligate the Board to approve future special
exceptions.
ANALYSIS OF THE SPECIAL EXCEPTION REQUEST:
Special exceptions are subject to approval by the Board under County Code §18-33.49:
Sec. 33.49-Action by the Board of Supervisors.
The Board of Supervisors shall act on an application for a special exception as follows:
A. Action . The Board may either approve the application,deny the application,or defer action to either
allow changes to be made to the application or any proposed conditions prior to final action by the
Board,or to refer the matter to the Commission for further consideration and recommendation within
the time for an action provided in subsection(D).
B. Factors to be considered. In acting on a special exception,the Board shall consider the factors,
standards,criteria,and findings,however denominated, in the applicable sections of this chapter,
provided that the Board shall not be required to make specific findings in support of its action.
C. Conditions . In approving a special exception,the Board may impose reasonable conditions to address
any possible impacts of the special exception. Except as the Board may specify in a particular case,
any condition imposed on a special exception shall be deemed to be essential and nonseverable from
the special exception itself.Any condition determined to be unreasonable, invalid,void,or unlawful
shall invalidate the special exception.
D. Time for action .The Board shall act on an application for a special exception within 90 days after the
application is determined to be complete.The 90-day period may be extended if the applicant requests
a deferral pursuant to Section 33.52.
According to County Code §18-5.1.48(i)(2), special exceptions may be granted after notice to
abutting property owners upon consideration of the following factors:
(i) There is no detriment to any abutting lot;and
(ii) There is no harm to the public health,safety, or welfare.
According to County Code §18-33.49(B), the Board is not required to make specific findings in
support of its action. The Board may approve, approve with conditions, deny, or defer this
application. Staff analysis of the special exception request is below.
Number of Guest rooms- The Zoning Ordinance allows by-right two guest rooms for homestay
rental on residentially zoned properties. This special exception request is to increase the
number of guest rooms to five, all of which would be located within 2405 Northfield Road where
the owner would reside. Staff believes that this property is uniquely situated, and it's a larger
parcel (1.2 acres) that is fenced. However, staff believes that the increase in guest rooms from
two to five could result in additional activity on the property that could impact abutting neighbors.
Therefore, staff does not support the request.
Staff finds the following factors favorable to the requests:
1. The nearest homes are situated 60', 150' and 280'+ away from the proposed homestay.
2. The property is uniquely situated near larger non-residential uses (religious assembly)
and properties developed with a similar size and scale.
3. The property is fenced and will be gated, which provides privacy to neighboring
properties and keeps guests from wandering over to other properties.
Staff finds the following factors unfavorable to the requests:
1. The property is designated Neighborhood Density and is not in an area of the Places 29
master plan for commercial/tourism development.
2. The number of homestay rooms for rent exceeds the recently established by-right
number by three (3). The by-right number of two (2) homestay rooms for rent is more in
keeping with the character of the surrounding neighborhood.
RECOMMENDED ACTION:
Based on the staff analysis, staff recommends denial of the proposed special exception
(HS20190002).
Move to adopt the attached resolution (Attachment G) to deny the homestay
special exception application for the reasons outlined in the staff report.
ALTERNATE ACTION:
If the Board chooses instead to approve the special exception request as proposed, the II.
following conditions are recommended:
1. The Homestay use is limited to five (5) guest rooms within the existing residence as
depicted on the Parking and House Location Exhibit dated March 16, 2020.
2. The Homestay use is limited to ten (10) occupants.
3. Homestay guest rooms must be located within the dwelling currently addressed as 2405
Northfield Road.
4. The owner must reside in the dwelling currently addressed as 2405 Northfield Road.
5. Parking for homestay guests is limited to the side and rear of the dwelling as depicted on
the Parking and House Location Exhibit dated March 16, 2020.
6. The existing fence, as depicted on the Parking and House Location Exhibit dated March
16, 2020, must be maintained, or equivalent screening established and maintained that
meets the minimum requirements of County Code § 18-32.7.9.7(b)-(e).
ATTACHMENTS:
A. Staff Analysis
B. Applicant's Proposed Homestay
C. Neighbor Comments
D. County Code § 18-5.1.48 Homestay Zoning Regulations
E. Location Map
F. Parking and House Location Exhibit
G. Resolution to Approve
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A�%S l:A I � � sue; a a
11/4/2020 Albemarle County,VA Code of Ordinances
Planning. The request shall state the date i •e applicant requests the Board will act
on the application, which may not excee 36 months of -r the date the application was
determined to be complete. kenl\"-ji 'r l �"
2. Limitation. The application may not be in a state of deferral beyond 32 months after the date
the application was determined to be complete if the Commission has not yet held a public
hearing on the application; and further provided that the application may not be in a state of
deferral beyond 33 months after the date the application was determined to be complete if
the Commission has held a public hearing and made a recommendation on the application.
3. Effect of receiving request. Upon the Director of Planning receiving a request for a deferral,
review of the application shall stop and any advertised public hearing shall be cancelled.
However, an applicant may resubmit information for review according to the published
schedule established by the Director in anticipation of action by the Board before the deferral
period ends.
B. Request for deferral on applications submitted more than 36 months before September 5, 2018.
For any application submitted more than 36 months before September 5, 2018, the applicant
shall submit a written request to defer to the Director within 30 days after the applicant receives
written notice from the Director about the requirements of this subsection, The Board shall act
on the application within 12 months after September 5, 2018.
C. Request for deferral on applications submitted less than 36 months before September 5, 2018.
For any application submitted less than 36 months before September 5, 2018, the applicant shall
submit a written request to defer to the Director within 30 days after the applicant receives
written notice from the Director about the requirements of this subsection. The Board shall act
on the application within the 36-month period or a reasonable period of time beyond the 36-
month period required to complete the review of the application and to hold any required public
hearings.
[§ 33.52: (§ 33.4: §33.2, 12-10-80)(§33.4,12-10-80; Ord. 03-18(2), 3-19-03)(§33.5, 12-10-80; Ord. 03-18(2)-, 3-
19-03)(§33.6, 12-10-80)(§33.7, 12-10-80, 6-19-96; Ord. 01-18(6), 10-3-01)(5 33.8, 12-10-80, 6-19-96)0'33.8.1,
12-10-80, 6-19-96; Ord. 01-18(6), 10-3-01)0.33.8.2, 12-10-80, 6-19-96)(§33.8.3, 12-10-80, 6-19-96); § 33.4,
Ord. 12-18(7)-, 12-5-12, effective 4-1-13; Ord. 14-18(2), 3-5-14; Ord. 16-18(3)-, 4-6-16; Ord. 16-18(4), 4-6-16); §
33.52, Ord. 18-18(3), 9-5-18]
State Law reference—Va. Code § 15.2-2286 .
Sec. 33.53 - Requesting action after deferral.
After the applicant's request for a deferral is granted by the Director of Planning, the applicant is
responsible for requesting action by the Commission or the Board of Supervisors as follows:
A. Request for action by the Commission. When the applicant is ready for action by the Commission,
7/9
11/4/2020 Albemarle County,VA Code of Ordinances
the applicant shall make a written request to the Director of Planning and submit all information
necessary for action according to the published schedule established by the Director.
B. Request for action by the Board of Supervisors. When the applicant is ready for action by the
Board, the applicant shall make a written request to the Director of Planning and submit all
information necessary for action according to the published schedule established by the Director.
C. When the request for action must be received. The written request shall be received by the
Director no later than 120 days before the end of the deferral period.
D. Action on an application by the Board of Supervisors. The Board may act on the application at any
time before the end of the deferral period; provided that the Board may act on the application as
soon thereafter as: (i)the Commission has held a public hearing and made a recommendation;
and (ii) County staff has had sufficient time to analyze the application and satisfy all public notice
requirements. On any application pending before the Board, the Director of Planning shall
coordinate scheduling the application for public hearing or action, or both, with the Clerk of the
Board.
E. Extension of action beyond the end of the deferral period in extenuating circumstances. The time
for action may be extended beyond the end of the deferral period if there are extenuating
circumstances which include, but are not limited to, inclement weather, civil emergencies, or
errors in providing public notice as required by State law.
[§ 33.53: (§ 33.4: §33.2, 12-10-80)(§33.4,12-10-80; Ord. 03-18(2), 3-19-03)(§33.5, 12-10-80; Ord. 03-18(2)_, 3-
19-03)(§33.6, 12-10-80)(§33.7, 12-10-80, 6-19-96; Ord. 01-18(6), 10-3-01)(§33.8, 12-10-80, 6-19-96)(§33.8.1,
12-10-80, 6-19-96; Ord. 01-18(6)., 10-3-01)(§33.8.2, 12-10-80, 6-19-96)(§33.8.3, 12-10-80, 6-19-96); § 33.4,
Ord. 12-18(7)-, 12-5-12, effective 4-1-13; Ord. 14-18(2)-, 3-5-14; Ord. 16-18(3)-, 4-6-16; Ord. 16-18(4), 4-6-16); §
33.53, Ord. 18-18(3), 9-5-18]
State Law reference—Va. Code § 15.2-2286 .
Sec. 33.54- Withdrawing an application.
An applicant for a zoning map amendment, special use permit, or special exception may request
that its application be withdrawn, or an application may be deemed withdrawn, as follows:
A. Withdrawing an application. An applicant for a zoning map amendment, special use permit, or
special exception may request that its application be withdrawn by submitting a written request
to withdraw the application as follows:
1. To whom the request is to be sent. The written request must be sent to the Director of
Planning. If the application is pending before the Board of Supervisors at the time the request
is received, the Director shall immediately inform the Clerk of the Board of the request.
2. When the request must be received. The request must be received by the Director or the
Clerk before the Commission or the Board, as applicable, begins to consider the application
8/9
11/4/2020 Albemarle County,VA Code of Ordinances
on a meeting agenda.
3. Effect of timely receipt of request to withdraw. When the request to withdraw is received, the
application shall not be further processed or reviewed by County staff, nor acted on by the
Commission or the Board.
4. Resubmitting a similar withdrawn application within one year prohibited. An owner may not
submit an application that is substantially the same as a withdrawn application for the same
parcel(s) within one year after the date of the withdrawal.
B. When an application is deemed withdrawn. An application shall be deemed to be voluntarily
withdrawn if the applicant requests deferral pursuant to subsection 33.52(A) and fails to provide
within 90 days before the end of the deferral period all of the information required to allow the
Board to act on the application, or fails to request a deferral as provided in subsection 33.52(B) or
(C).
{§ 33.54: (§ 33.4: §33.2, 12-10-80)(§33.4,12-10-80; Ord. 03-18(2), 3-19-03)(§33.5, 12-10-80; Ord. 03-18(2)-, 3-
19-03)(§33.6, 12-10-80)(§33.7, 12-10-80, 6-19-96; Ord. 01-18(6), 10-3-01)(§33.8, 12-10-80, 6-19-96)(§33.8.1,
12-10-80, 6-19-96; Ord. 01-18(6), 10-3-01)(§33.8.2, 12-10-80, 6-19-96)(§33.8.3, 12-10-80, 6-19-96); § 33.4,
Ord. 12-18(7)_, 12-5-12, effective 4-1-13; Ord. 14-18(2)_, 3-5-14; Ord. 16-18(3)_, 4-6-16; Ord. 16-18(4), 4-6-16); §
33.54, Ord. 18-18(3), 9-5-18]
State Law reference—Va. Code § 15.2-2286 .
9/9
Objective 3: Ensure sufficient land area exists in the Development Areas to
accommodate future residential housing needs.
The County regularly reviews land capacity in the Development Area to determine if sufficient land is
available to meet residential development needs in the future. Since 1945, the nationwide trend in
housing development has favored single-family homes. I n Albemarle County, this trend was prevalent
until about 1996. It has recently given way to the changing needs of younger residents, as many young
adults are waiting longer to start families and are looking for a more urban lifestyle before starting
families. Additionally, many baby boomers—individuals born between the years 1 946 and 1964 are
downsizing rather than increasing the size of their houses.
Rising gasoline costs may also place a larger demand on residents' disposable income, increasing the
attractiveness of living close to employment centers, rather than farther away in more suburban or rural
areas. While the County anticipates that the demand for single-family detached housing will continue,
it will likely not be at the same rate or in the same suburban form.
As seen in the residential Capacity Analysis discussed in the Development Areas Chapter, projections
suggest that by the year 2030, approximately 15,000 additional dwelling units will be needed to
accommodate the County's future population. According to the Development Area Master Plans, the
Development Areas can accommodate a range of approximately 13,800 to 29,000 new dwelling units.
Under current zoning, approximately 1 3,400 to 1 9,900 new dwelling units can be built.
Strategy 3a: Continue to monitor the supply of land designated and zoned for residential use in the
Development Areas to ensure adequate capacity for future populations.
Albemarle County tracks building permits and certificates of occupancy for new residential housing
and performs a capacity analysis approximately once every ten years. More frequent monitoring
is needed due to the increase in housing construction over the last ten years, and the reduction of
developable land area that resulted from the donation of 1,200 acres of Development Areas land
for Biscuit Run State Park in the Southern Neighborhoods. As part of a future analysis, potential
residential capacity through redevelopment should be considered. Redevelopment of existing
properties can reduce the amount of raw land needed for new residential development. This effort
should be done to ensure that any future expansion of the Development Areas boundaries is not
premature.
The Development Areas Chapter describes the expected additional housing units needed for future
populations and where those new units should be located. An illustration of how much residential
land is needed and can be provided for future populations is provided in the Reference Documents.
Objective 4: Provide for a variety of housing types for all income levels and help
provide for increased density in the Development Areas.
The County's Neighborhood Model promotes a mixture of housing types within the Development Areas.
Through application of the Growth Management Policy and the recommendations of the Neighborhood
Model, the County has been successful in making sure a variety of housing types have been constructed.
9.7
Albemarle Comprehensive Plan ADOPTED June 10, 2015
BACK TO TOP
Figure 2: Units by Type in the Development Area and Rural Area in 2013
Single- Single-family Multi-family--
family Attached & Apartments and
Detached Townhouses Condos Mobile Total Units
(SFD) (SFA/TH) (MF/Condo) Homes (MH)
Development
Area Units 9,484 4,458 8,729 1,029 23,700
Rural Area Units 16,904 295 515 737 18,451
Source: Albemarle County 2013
Although zoning in earlier decades allowed for different housing types to be constructed in the Rural
Area, only one type of housing may be constructed with Rural Area zoning now- -single-family detached
units. More information on housing in the Rural Area may be found in the Rural Area Chapter.
Figure 3: Housing Types in Albemarle County
Strategy 4a: Through rezonings and special
use permits, continue to ensure a mixture of 4., A
housing types are provided that also support
all income levels of County residents.
■1 SFD
Applications for residential rezonings and special •2 SFA/TH
use permits typically include requests for higher 63% ■3 MF/Condo
densities than existing zoning allows. As Ir
�4 MH
applications are submitted, County staff members
work with developers to ensure they are aware
of County expectations for a variety of housing
types and several levels of affordability. When
a rezoning or special use permit request is
presented to the Planning Commission and Board Source: Albemarle County 2013
of Supervisors, County staff provides information
on how well that proposal meets such expectations. Ultimately, Board of Supervisors determines
whether these expectations are met.
To date, the Board of Supervisors has ensured that a variety of housing types are approved in the
Development Areas. Of rezonings and special use permits approved between 2001 and 201 2:
• 24% were approved for single-family detached units (only 6% are built at this time);
• 33% were for single-family attached units and townhouses (only 21% are built at this time);
and
• 43% were for multi-family and condos (only 23% are built).
When most of these projects were approved, flexibility was factored in to allow developers and
builders to respond to market demands. Developers might alter the proportion of single-family to
multifamily homes included in the proposed development in order to provide the most currently
salable types of residences. This flexibility could result in the choice of single-family detached units
over attached or multifamily units, meaning that the Comprehensive Plan's highest recommended
density would not be achieved. If the highest densities are achieved, the proportion of single-family
9.8
Albemarle Comprehensive Plan ADOPTED June 10, 2015
BACK TO TOP
A
detached units to other types of housing may be lower in the Development Areas than exists now.
As Albemarle County rebounds from the recent economic recession, regular capacity analysis will
be required to ensure sufficient land and mixture of unit types are available to serve all income
levels and housing needs.
Strategy 4b: Amend the Zoning Ordinance to provide for more opportunities to construct accessory
units that will help diversify the housing supply as well as meet a portion of the County's affordable
housing needs.
Accessory units, both attached and detached, are an integral part of a diverse housing supply.
Examples of accessory units include apartments created within single-family homes, apartments
constructed over garages, and carriage houses created within an outbuilding. Sometimes called
"granny flats" or "in-law apartments," these units provide an opportunity for individuals in need of
assistance to live on site with care-giving relatives, or provide a source of supplemental income to
help pay for the owner's mortgage. The Neighborhood Model includes recommendations to increase
opportunities to for construction of accessory units. Some creative ways of providing accessory units
have been achieved in Neighborhood Model developments; however, limitations remain. Zoning
Ordinance amendments are needed to allow construction of detached accessory units. New
regulations should consider:
• Requiring that the property owner reside on-site;
• Establishing a maximum size limit for detached accessory units;
• Limiting accessory units to one per residence, parcel or lot;
• Limiting the number of occupants that can reside in accessory units;
• Requiring that primary and accessory units be located on the same parcel; and
• Requiring detached accessory unit be constructed to the side of or in the backyard of the
primary residence.
Objective 5: Support provision of housing which meets the needs of various ages
and levels of mobility.
In this Chapter, emphasis is placed on understanding the diverse housing needs, including the special
needs of various populations. In the future, the greatest change in housing needs is likely to come from
the County's senior population. Currently, the County's largest age cohort is made up of 40 — 64 year
olds (see Background Chapter) who are fast approaching retirement age. While the number of
individuals in the under 5 and 5 - 19 age groups has grown since 1970, the percentage of the total
population that these groups represent has decreased. During the 1980's and 1 990's, the 20 - 39 age
group was the majority, but as those individuals aged and progressed to the next age group, the 40 -
64 age group became the County's largest representative age group. If people in this age group
continue to live in Albemarle County, the 65+ age group could see a dramatic increase in the next ten
to twenty years.
Strategy 5a: Encourage developers to include housing for seniors and individuals with disabilities in
new residential and mixed-use developments. Approve these proposals when they are in keeping
with the Neighborhood Model.
The development community attempts to anticipate market demand when planning for new
residential units. While the County cannot require a particular housing type, staff should encourage
9.9
Albemarle Comprehensive Plan ADOPTED June 10, 2015
BACK TO TOP
11/4/2020 Albemarle County,VA Code of Ordinances
[§ 33.49: (§ 33.5: Ord. 12-18(7)_, 12-5-12, effective 4-1-13; §31.8, Ord. 12-18(1)_, 2-8-12; Ord. 16-18(3), 4-6-
16)+(§ 33.9: Ord. 12-18(7)_, 12-5-12, effective 4-1-13; §31.8, Ord. 12-18(1)_, 2-8-12); § 33.49, Ord. 18-18(3)_, 9-
5-18]
State Law reference—Va. Code § 15.2-2286 .
Sec. 33.50 - Revoking a special exception for noncompliance with conditions.
The Board of Supervisors may revoke a special exception if the Board determines, after a public
hearing, that the permittee or any successor has not complied with any conditions of the special
exception. Notice of the public hearing shall be as provided in Virginia Code § 15.2-2204 . The
written notice given by the Clerk of the Board to the owners, their agents, or the occupants of
abutting parcels and parcels immediately across the street from the parcel(s) subject to the special
exception may be given by first-class mail rather than by registered or certified mail.
(§ 33.50; Ord. 18-18(3), 9-5-18)
State Law reference—Va. Code §§ 15.2-2204 , 15.2-2286 .
Sec. 33.51 - Resubmitting a similar denied application within one year is prohibited.
An owner may not submit an application for a special exception that is substantially the same as a
denied application for a special exception for the same parcel(s) within one year after the date of
the denial by the Board of Supervisors.
(§ 33.51; Ord. 18-18(3), 9-5-18)
State Law reference—Va. Code § 15.2-2286 .
DIVISION 6. - DEFERRING ACTION AND WITHDRAWING AN APPLICATION
Sec. 33.52 - Deferring action.
After submitting an application but before action by the Board of Supervisors, an applicant for a
zoning map amendment, special use permit, or special exception may request a deferral as
follows:
A. Request for deferral on applications submitted on and after September 5, 2018. For any
application submitted on and after September 5, 2018, the applicant may request that the County
suspend review of the application and extend the time period for action by the Commission or
the Board (the terms "suspend review" and "extend the tie for action" are collectively referred to
as a "deferral" or a variation of that word) as follows:
1. Request for deferral. The applicant shall submit the written request to defer to the Director of
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11/4/2020 Albemarle County,VA Code of Ordinances
application under Section 33.47(B).
B. Recommendation. The Commission shall either recommend approval of the application as
proposed, approval of the application with changes to be made prior to action on the application
by the Board, or denial of the application.
C. Factors to be considered. In making its recommendation, the Commission shall consider the
factors, standards, criteria, and findings, however denominated, in the applicable sections of this
chapter.
D. Conditions. The Commission's recommendation should include its recommendations on the
proposed conditions.
E. Time fora recommendation. The Commission shall make its recommendation on the application
within 45 days after the application is determined to be complete. The failure of the Commission
to make a recommendation on the matter within the 45-day period shall be deemed to be a
recommendation of approval.The 45-day period may be extended if the applicant requests a
deferral pursuant to Section 33.52.
[§ 33.48: (§ 33.5: Ord. 12-18(7)-, 12-5-12, effective 4-1-13; §31.8, Ord. 12-18(1), 2-8-12; Ord. 16-18(3), 4-6-
16)+(§ 33.9: Ord. 12-18(7)-, 12-5-12, effective 4-1-13; §31.8, Ord. 12-18(1), 2-8-12); § 33.48, Ord. 18-18(3)-, 9-
5-18]
State Law reference—Va. Code § 15.2-2286 .
Sec. 33.49 -Action by the Board of Supervisors.
The Board of Supervisors shall act on an application for a special exception as follows:
A. Action. The Board may either approve the application, deny the application, or defer action to
either allow changes to be made to the application or any proposed conditions prior to final
action by the Board, or to refer the matter to the Commission for further consideration and
recommendation within the time for an action provided in subsection (D).
B. Factors to be considered. In acting on a special exception, the Board shall consider the factors,
standards, criteria, and findings, however denominated, in the applicable sections of this chapter,
provided that the Board shall not be required to make specific findings in support of its action.
C. Conditions. In approving a special exception, the Board may impose reasonable conditions to
address any possible impacts of the special exception. Except as the Board may specify in a
particular case, any condition imposed on a special exception shall be deemed to be essential
and nonseverable from the special exception itself. Any condition determined to be
unreasonable, invalid, void, or unlawful shall invalidate the special exception.
D. Time for action. The Board shall act on an application for a special exception within 90 days after
the application is determined to be complete. The 90-day period may be extended if the applicant
requests a deferral pursuant to Section 33.52.
5/9
11/4/2020 Albemarle County,VA Code of Ordinances
Ord. 12-18(7)_, 12-5-12, effective 4-1-13; Ord. 14-18(2)-, 3-5-14; Ord. 16-18(3)_, 4-6-16; Ord. 16-18(4), 4-6-16); §
33.45, Ord. 18-18(3), 9-5-18]
State Law reference—Va. Code § 15.2-2286 .
Sec. 33.46 - Studies identifying potential impacts of special exception.
When the filed application is complete, the Director of Planning may require an applicant to submit
studies identifying the nature and extent of potential impacts resulting from a proposed special
exception.
(§ 33.46; Ord. 18-18(3), 9-5-18)
State Law reference—Va. Code § 15.2-2286 .
Sec. 33.47 - Public hearings; when required; notice.
Public hearings on an application for a special exception are required as follows:
A. When public hearings are required. The Commission and the Board of Supervisors shall each
hold at least one public hearing on any application for a special exception that would increase by
greater than 50 percent the bulk or height of an existing or proposed building within one-half
mile of an adjoining locality.
B. When the Board of Supervisors may elect to have the Commission make a recommendation on
the application and to hold one or more public hearings. When public hearings are not required
under subsection (A), the Board may elect, either by policy or for an individual application, to
have the Commission first make a recommendation on the application for a special exception
and for either the Commission or itself to hold one or more public hearings.
C. Notice of public hearings. When public hearings are required under subsection (A), the
Department of Community Development shall provide notice of the public hearings before the
Commission and the Board pursuant to Virginia Code § 15.2-2204 (C).
[§ 33.47: (§ 33.5: Ord. 12-18(7)_, 12-5-12, effective 4-1-13; §31.8, Ord. 12-18(1)-, 2-8-12; Ord. 16-18(3), 4-6-16);
§ 33.47, Ord. 18-18(3)., 9-5-18]
State Law reference—Va. Code §§ 15.2-2204 , 15.2-2286 .
Sec. 33.48 - Recommendation by the Planning Commission when required.
The Commission shall act on an application for a special exception as follows:
A. When a Commission recommendation is required. The Commission is required to act on an
application for a special exception only if a public hearing on the application is required by
Section 33.47(A) or the Board of Supervisors elects to have the Commission consider the
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11/4/2020 Albemarle County,VA Code of Ordinances
later provide the omitted information within a period specified by the Director; and (ii)the
Director may reject the application as provided herein if the applicant fails to timely provide
the omitted information.
4. If an application is incomplete;submitting information. If an application is incomplete, the
applicant may submit all of the information identified in the letter provided in subsection (C)
(2)within 90 days after the letter was sent or personally delivered. The Director shall review
the information submitted to determine whether the application is complete as provided in
this subsection (C). An incomplete application is void if the applicant fails to submit all of the
information identified in the letter provided in subsection (C)(2)within 90 days after the letter
was sent or personally delivered. If the applicant fails to timely submit the information
identified in the letter, the applicant may proceed only by filing a new application.
D. Paying fees. The applicant shall pay the fees required by Section 35.1 when the application is
determined to be complete. The application shall not be further reviewed until the applicant pays
the fees.
E. When an application is determined to be complete; effect. When the Director of Planning
determines that the applicant has submitted all of the required information, it is determined to
be complete, and it is officially submitted for review for the purpose of calculating the time in
which action must be taken pursuant to Sections 33.48 and 33.49.
F. Mailed notice to the owner that an application for a special exception has been filed by an
easement holder. The Department of Community Development shall provide written notice to the
owner of the parcel for which a special exception is sought when an application is filed by an
eligible easement holder. The notice shall be provided within ten days after the application for
the special exception is determined to be complete. The notice shall be sent by first class mail.
The notice shall inform the recipient that the application has been filed and describe the nature
of the application. An action on an application shall not be declared invalid solely because of the
failure to timely mail this notice.
G. Mailed notice to certain easement holders that an application for a special exception has been
filed. For special exception applications pertaining to a parcel subject to an open-space easement
or a conservation easement, the Director of Planning shall provide written notice within ten days
after the application is determined to be complete to each holder of the open-space easement,
other than the County, or the conservation easement. The notice shall be sent by first class mail.
The notice shall inform the recipient that the application has been filed and describe the nature
of the application. An action on an application shall not be declared invalid solely because of the
failure to timely mail this notice.
[§ 33.45: (§ 33.4: §33.2, 12-10-80)(§33.4,12-10-80; Ord. 03-18(2), 3-19-03)(§33.5, 12-10-80; Ord. 03-18(2)-, 3-
19-03)(§33.6, 12-10-80)(§33.7, 12-10-80, 6-19-96; Ord. 01-18(6), 10-3-01)0.33.8, 12-10-80, 6-19-96)(§33.8.1,
12-10-80, 6-19-96; Ord. 01-18(6), 10-3-01)(§33.8.2, 12-10-80, 6-19-96)(§33.8.3, 12-10-80, 6-19-96); § 33.4,
3/9
11/4/2020 Albemarle County,VA Code of Ordinances
information required by the applicable section of this chapter authorizing the waiver,
modification, variation, or substitution.
[§ 33.44: (§ 33.2: Ord. 12-18(7), 12-5-12, effective 4-1-13(§33.0, 12-10-80; Ord. 01-18(6), 10-3-01)(§33.1, 12-
10-80)(§33.2, 12-10-80) (§§33.2.1, 33.2.2, 33.2.3, 12-10-80; 5-5-82)(§33.10.2, 12-10-80, 3-10-93))+(§ 33.4: §
33.2, 12-10-80)(§33.4,12-10-80; Ord. 03-18(2), 3-19-03)(§33.5, 12-10-80; Ord. 03-18(2), 3-19-03)(§33.6, 12-
10-80)(§33.7, 12-10-80, 6-19-96; Ord. 01-18(6), 10-3-01)(§33.8, 12-10-80, 6-19-96)(§33.8.1, 12-10-80, 6-19-96;
Ord. 01-18(6)-, 10-3-01)(§33.8.2, 12-10-80, 6-19-96)(§33.8.3, 12-10-80, 6-19-96); § 33.4, Ord. 12-18(7), 12-5-
12, effective 4-1-13; Ord. 14-18(2)_, 3-5-14; Ord. 16-18(3), 4-6-16; Ord. 16-18(4)_, 4-6-16)+(§ 33.5: Ord. 12-18(7)
, 12-5-12, effective 4-1-13; §31.8, Ord. 12-18(1)_, 2-8-12; Ord. 16-18(3), 4-6-16); § 33.44, Ord. 18-18(3), 9-5-
18]
State Law reference—Va. Code § 15.2-2286 .
Sec. 33.45 - Filing the application; determining completeness of the application; paying fees; resubmitting an
application originally determined to be incomplete.
Each application for a special exception shall be filed as follows:
A.Where to file. The application shall be filed with the Department of Community Development.
B. Number of copies to file. The Director of Planning may establish for each class of application the
number of collated copies of the application required to be filed, to accept electronic applications
for filing, or both.
C. Determining completeness of the application. The Director of Planning shall review each filed
application as follows:
1. Timing of the determination of completeness. The Director shall determine whether an
application is complete within ten days after the application was received. An application that
provides all of the required information shall be determined to be complete and be accepted
for review and decision. An application omitting any required information is incomplete and
shall be deemed to not be filed and shall not be accepted for review and action.
2. Informing an applicant if the application is incomplete. If the Director determines that an
application is incomplete, the Director shall inform the applicant by letter explaining the
reasons why the application was rejected as being incomplete. The letter shall be sent by first
class mail, or, if consented to by the applicant in writing, by fax or by email (collectively,
"sent"), or be personally delivered. The letter shall be sent or personally delivered within ten
days after the application was received.
3. Effect if a timely determination is not made. If the Director does not send or personally
deliver the notice as provided in subsection (C)(2) within the ten-day period, the application
shall be deemed to be complete, provided that: (i)the Director may require the applicant to
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11/4/2020 Albemarle County,VA Code of Ordinances
DIVISION 5. - SPECIAL EXCEPTIONS
Sec. 33.43 - Introduction.
This division establishes the regulations and safeguards for filing, reviewing, and acting on
applications for special exceptions.
A. Power to grant special exceptions is reserved by the Board of Supervisors. The Board of
Supervisors reserves the power to consider and approve or deny all applications for special
exceptions.
B. Matters eligible for a special exception. The Board may approve special exceptions to waive,
modify, vary, or substitute any requirement of this chapter that is expressly authorized to be
waived, modified, varied, or substituted.
C. Variations and exceptions distinguished. A special exception is not required for any matter that
may be varied or excepted under Section 32 or Chapter 14, or for developing and constructing
residential dwellings at the use, height, and density permitted by right in the applicable district as
provided by Virginia Code § 15.2-2288.1 .
[§ 33.43: (§ 33.5: Ord. 12-18(7)_, 12-5-12, effective 4-1-13; §31.8, Ord. 12-18(1)_, 2-8-12; Ord. 16-18(3), 4-6-16);
§ 33.43, Ord. 18-18(3), 9-5-18]
State Law reference—Va. Code § 15.2-2286 .
Sec. 33.44-Application for a special exception.
Each application for a special exception shall be filed as follows:
A. Who may file an application. An owner, a contract purchaser with the owner's consent, the
owner's authorized agent(collectively in this division, the "owner" or the "applicant"), or an
eligible easement holder may file an application for a special exception permit. An "eligible
easement holder" is a holder of an easement for which the special exception is sought that
pertains to a use allowed by the deed of easement or equivalent instrument.
B. Who must sign an application. The application shall be signed by the owner or the eligible
easement holder of each parcel that is the subject of the special exception.
C. Documentation regarding the authority to apply. The Director of Planning may require the
applicant to submit documentation establishing ownership of, or the easement interest in, any
parcel that is the subject of the application and the authority of each signatory to sign the
application on behalf of the owner or the eligible easement holder.
D. Application forms. The Director of Planning may establish appropriate application forms for
special exceptions.
E. Information required to be submitted with an application. Each application shall include the
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11/4/2020 Albemarle County,VA Code of Ordinances
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, R-15, PRD, and PUD districts:
Infill: Setbacks
Front-Minimum Closest setback of an existing main building within 500 feet in
each direction along the same side of the street fronted
Front-Maximum None
Garage-Minimum Front loading attached or detached garage: Whichever is
greater between the closest setback of an existing main
building within 500 feet in each direction along the same side
of the street fronted or 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
Garage-Maximum None
Side-Minimum 10 feet, unless the building shares a common wall; provided
that (a) 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 ten feet plus one foot for
each foot the dwelling unit exceeds 35 feet in height; and (b)
any minimum side setback otherwise required by this section
may be reduced in accordance with section 4.11 .3.
Side-Maximum None
Rear-Minimum 20 feet
Rear-Maximum None
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11/4/2020 Albemarle County,VA Code of Ordinances
Infill: Stepbacks
Front For each story that begins above 40 feet in height or for each
story above the third story, whichever is less, the minimum
stepback shall be a minimum of 15 feet
Side and Rear None
Non-Infill: Setbacks
Front-Minimum 5 feet from the right-of-way or the exterior edge of the
sidewalk if the sidewalk is outside of the right-of-way
Front-Maximum 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, including a
corner lot, abutting a principal arterial highway or interstate
Garage-Minimum 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: Five feet from the right-of-way or the
exterior edge of the sidewalk if the sidewalk is outside of the
right-of-way
Garage-Maximum None
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11/4/2020 Albemarle County,VA Code of Ordinances
Side-Minimum 5 feet, unless the building shares a common wall; provided
that (a) 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 five feet plus one foot for
each foot the dwelling unit exceeds 35 feet in height; and (b)
any minimum side setback otherwise required by this section
may be reduced in accordance with section 4.11 .3
Side-Maximum None
Rear-Minimum 20 feet
Rear- Maximum None
Non-Infill: Building
Separation
Minimum 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 ten
feet plus one foot for each foot the building exceeds 35 feet
in height
Side-Maximum None
Non-Infill: Stepbacks
Front For each story that begins above 40 feet in height or for each
story above the third story, whichever is less, the minimum
stepback shall be 15 feet
Side and Rear None
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11/4/2020 Albemarle County,VA Code of Ordinances
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 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 buildings on the same lot and prevailing
development patterns. On any parcel with multiple main buildings, at least one main building
shall meet the maximum setback.
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 applies to all buildings on the property and 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
C Donal Rasldantlal Districts,Will.Exsmpls
A4n[�
Iro
�® Inq..urly Sul<
line
f�rm
ROW
_...._0(: 500'
• Infill z 40%of residentially zoned frontage developed within 500'o1 suh)ect lot(frontage 51201
Front loading garage min 18 from edge of ROW or sidewalk,if outside of ROW
4/5
11/4/2020 Albemarle County,VA Code of Ordinances
Figure 2
Conventional Residential Districts(except R-1 and R-2),
HondnfMl
Min 20
from rear
',. prnpeny
line
• Min 10'side
Front loading building
game mn separation
18frm
edge of ROW F t
or sidewalk if 25 inert'
outside I
ROW
5 in !18'mm
1111111111211111111
•No maximum front setback In R1&R2 dlsbtcn&along principal arterials
Figure 3
Conventional Residential Districts
Front Stepback(side view)
I
Mr stepbads
Kioeo 1W00111
40'!3 stones whichever is less
Front setback ROW
5'min
25 max(R4 6 above)
Figure 4
Conventional Residential Districts(R-10 or R-15 only)
Abutting Single Family Residential, Rural Areas,or
Monticello Historic Districts, Side & Rear Setback
—0011 -R7=----
iigt
-, Structure exceeds 35'
--a _ .Z --va Sttle+rear setback
R-10 or R-15 District 1'additional setback or Single Family Residential.
building separation required Rural Areas.or Monticello
for each 1'over 35' Historic District
( Ord. 15-18(4)-, 6-3-15; Ord. 16-18(1). 3-2-16; Ord. 17-18(4)-, 8-9-17; Ord. 19-18(5), 7-17-19)
State Law reference—Va. Code § 15.2-2280 .
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SECTION 14- RESIDENTIAL- R-2
Sec. 14.1 - Intent,where permitted.
This district(hereafter referred to as R-2) is created to establish a plan implementation zone that:
- Provides a potential transition density between higher and lower density areas established
through previous development and/or zoning in community areas and the urban area; and
- Provides incentives for clustering of development and provision of locational, environmental and
development amenities.
R-2 districts may be permitted within community and urban area locations designated on the
comprehensive plan. (Amended 9-9-92)
Sec. 14.2 - Permitted uses.
Sec. 14.2.1 - By right.
The following uses shall be permitted by right in the R-2 district, subject to the applicable
requirements of this chapter:0Detached single-family dwellings.
2. Cluster development of permitted residential uses.Q(3. Rental of permitted residential uses and guest cottages, provided that yard, area and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lay-out.
4. (Repealed 9-2-81)
5. (Repealed 9-2-81)
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and owned
and operated by a public utility. Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the Albemarle County Service Authority.
Except as otherwise expressly provided, central water supplies and central sewerage systems in
conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-
12-93)
7. Accessory uses and buildings including home occupations (reference 5.2) and storage buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
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31.2.5); public water and sewer transmission main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority
(reference 31.2.5, 5.1.12). (Amended 11-1-89)
10. Homestays (reference 5.1.48).
11. Group home (reference 5.1.07). (Amended 8-9-17)
12. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
13. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
14. Family day homes (reference 5.1.56). (Added 9-11-13)
15. Urban beekeeping(reference 5.1.63).
(§ 20-14.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 13-
18(5), 9-11-13; Ord. 17-18(4), 8-9-17; Ord. 18-18(4), 10-3-18; Ord. 19-18(6)-, 8-7-19)
Sec. 14.2.2 - By special use permit.
The following uses shall be permitted by special use permit in the R-2 district, subject to the
applicable requirements of this chapter: (Amended 5-5-10)
1. Community center(reference 5.1.4).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
3. Fire and rescue squad stations (reference 5.1.9).
4. Swim,golf, tennis, or similar athletic facilities(reference 5.1.16).
5. Private schools.
6. Electrical power substations, transmission lines and related towers; gas or oil transmission lines,
pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and
radio-wave transmission and relay towers, substations and appurtenances (reference 5.1.12).
7. Child day center(reference 5.1.6).
8. Manufactured home subdivisions (reference 5_5).
9. Assisted living facility, skilled nursing facility, children's residential facility, or similar institution
(reference 5.1.13).
10. Hospitals.
11. Home occupation, Class B (reference 5.2).
12. Religious assembly use. (Added 9-2-81; Amended 8-9-17)
13. Cemeteries. (Added 9-2-81)
14. Tier Ill personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
15. Historical centers, historical center special events, historical center festivals (reference 5.1.42).
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11/4/2020 Albemarle County,VA Code of Ordinances
(Added 6-8-05)
16. Farmers' markets (reference 5.1.47). (Added 5-5-10)
(§ 20-14.2.2, 12-10-80; 9-2-81; Ord. 04-18(2)-, 10-13-04; Ord. 05-18(7), 6-8-05; Ord. 10-18(4)_, 5-5-10; Ord. 17-
18(4)-, 8-9-17; Ord. 17-18(5)-, 10-11-17; Ord. 18-18(1)_, 1-10-18; Ord. 19-18(3)-, 6-5-19)
Sec. 14.3 -Area and bulk regulations.
Area and bulk regulations within the R-2, Residential, district are as follows:
I �
REQUIREMENTS STANDARD LEVEL BONUS LEVEL
Q CONVENTIONAL CLUSTER , CONVENTIONAL CLUSTER
J DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
Gross density 2 du/acre 2 du/acre 3 du/acre 3 du/acre
Minimum Lot 21,780 sq ft 14,500 sq ft 14,520 sq ft , 9,700 sq ft
Size
Minimum
frontage:
public, private ( 80 feet 70 feet 70 feet 65 feet
The minimum and maximum yards, including those for garages, and minimum building
separation, shall be as provided in section 4.19.
Maximum ` 35 feet 35 feet 35 feet 35 feet
structure height
(§ 20-14.3, 12-10-80; Ord. 08-18(4), 6-11-08; Ord. 15-18(4)_, 6-3-15)
Sec. 14.4 - Bonus factors. (Reference 2.4)
Sec. 14.4.1 - Environmental standards.
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For maintenance of existing wooded areas equal to: ten percent to 19 percent of the site, a density
increase of five percent shall be granted; 20 percent or greater of the site, a density increase of ten
percent shall be granted.
In order to qualify for this bonus, a conservation plan as specified in section 32.7.9 shall be
required. (Amended 9-9-92)
For provision of significant landscaping in the form of street trees as specified in section 32.7.9, a
density increase of five percent shall be granted. This bonus shall not be granted if existing trees
along road frontages have been needlessly removed. (Amended 8-14-85; 9-9-92)
Sec. 14.4.2 - Development standards.
For serving lots with an internal road system which is the sole access to the existing state-
maintained road system, a density increase of ten percent shall be granted.
For dedication of land to public use not otherwise required by law, density may be increased as
follows:
The acreage of the land dedicated and accepted shall be multiplied by twice the gross density-
standard level, and the resulting number of dwellings may be added to the site, provided that the
density increase shall not exceed 15 percent. The dedication shall be accepted by the board of
supervisors prior to final approval.
For provision of road improvements to secondary or primary roads not otherwise required by this
ordinance or Chapter 14 of the Code of Albemarle, a density increase up to 20 percent shall be
granted, to be agreed upon by the commission and the applicant, based upon the relative need for
transportation improvements in the area. The need for such improvements shall be established by
the Virginia Department of Highways and Transportation. (Amended 8-14-85)
Sec. 14.4.3 -Affordable housing.
For providing affordable housing units, a density increase of 30 percent shall be granted, subject to
the following:
a. At least one-half of the additional housing units allowed by this density bonus shall be developed
as affordable housing units. (Amended 10-3-07)
b. The initial sale price for sale units or the rental rate for a period of at least ten years for rental
units shall qualify as affordable housing under either the Virginia Housing Development
Authority, Farmers Home Administration or Housing and Urban Development housing choice
voucher program. (Amended 10-3-07)
c. If rental units, the developer shall enter into an agreement with the County of Albemarle
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restricting the rental rates of the affordable units for a period of at least ten years or until the
units are sold as affordable units, whichever comes first. (Amended 10-3-07)
d. If sale units, the developer shall provide the chief of housing with confirmation of the initial sale
price for the affordable units prior to the issuance of building permits for the bonus units.
(Amended 8-14-85; 10-3-07)
e. Manufactured homes for rent in an approved manufactured home park shall be considered
rental units under this section provided they qualify as affordable housing under the Housing and
Urban Development housing choice voucher program. (Added 3-5-86; Amended 10-3-07)
f. Manufactured home lots for rent in an approved manufactured home park shall qualify for this
bonus provided the developer enters into an agreement with the County of Albemarle that the
lots shall be available for rent to manufactured home owners for a period of at least ten years.
(Added 3-5-86; Amended 10-3-07)
g. Manufactured home lots for sale in an approved manufactured home subdivision shall qualify for
this bonus provided the developer restricts the use of the lots to manufactured homes or other
affordable housing for a period of at least ten years. (Added 3-5-86; Amended 10-3-07)
h. The decision to extend the periods beyond the ten year minimum provided in subsections (b), (c),
(f) and (g) shall be in the sole discretion of the developer. (Added 10-3-07)
i. The occupancy of the affordable units shall be restricted to those households with incomes at or
below 80 percent of the area median income for for-sale units and at or below 60 percent of the
area median income for rental units. The chief of housing or his designee must approve all
purchasers of for-sale units based on household income. Prior to issuance of the first certificate
of occupancy for a building providing affordable rental units, the developer shall enter into a
rental rate agreement with the county, approved by the county attorney, that delineates the
terms and conditions pertaining to rental rates, occupancy and reporting during the minimum
ten-year period. (Added 10-3-07)
(§ 14.4.3, 12-10-80; 8-14-85; 3-5-86; Ord. 07-18(2), 10-3-07)
Sec. 14.4.4-The cumulative effect of density factors above may not exceed 50 percent. (Amended 8-14-85)
Sec. 14.4.5 - Cluster development option regulations.
At the option of the owner, regulations under cluster development provisions in section 14.3 may
be used for cluster development of the land to be subdivided and developed. Use of cluster
provisions shall be subject to other requirements of this ordinance, applicable health requirements
and the provisions of Chapter 14 of the Code of Albemarle.
(Amended 8-14-85)
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126oanett St,Suite A | po Box an | Charlottesville,VA 22902 hoyomndslpemn"
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3NOVerOb8r 2020
Board ofSupervisors
County ofAlbemarle
4Dl McIntire Road
Charlottesville, VA229O2
Dear Supervisors,
| represent Darr{ck Harris who has before you an application for a
Special Exception /5E\ to allow an additional three bedrooms for a
"Hornestay" residential use that he intends to host in his new
residence at2405Northfie|dsRoad.
The Board worked hard on the M0Dle3tay Ordinance that hrecently
adopted. in doing so, the Board made a policy decision that
hornestaysupto five bedrooms may be permissible asanaccessory
residential use in residential areas. The ordinance provides criteria
to evaluate certain requests such as for additional bedrooms. His
request meets the criteria under the zoning ordinance provisions for a
hornestay and | ask that you approve the request.
Mr. Harris is seeking the additional bedrooms sohe can rent tosmall
groups rather than individuals ashe has found that isa way toattract
�
more responsible guests. Me does not intend to rent single rooms out
by the night but rather wishes to meet need for short-term housing V/,\= »` "
for small groups of family members or friends who seek
accommodations ina home setting.
Staff`x decision to recommend denial pf the proposed special
exception is not grounded in any analysis of actual impacts the
additional three bedrooms may have over the two-bedroom
hornestay use permitted by right.
Staff has made a finding in the staff report that "the application will
meet all parking, safety inspections, and addressing requirements of
the County Code.'' (staff report page 1\. Staff also stated it "believes
the propertyisunique|v situated" noting the following characteristics
in favor of approving the use:
Cn/nmerc/o/Real Estate, Land Use&Local Goromn�ontLaw
• the single-family residence the use would take place in is on a larger parcel (1.2 acres),
• it is fenced providing privacy to neighboring properties,
• it is located near larger non-residential uses (a church with active daycare), and
• it is located near other properties developed with a similar size and scale.
(See Staff Report page 4)
The two criteria in the ordinance for a homestay special exception request are:
• there is no detriment to any abutting lot; and
• there is no harm to public health, safety, or welfare
The abutting lot owners have not made any complaints to Mr. Harris and have not filed any
objections or comments with the County. The size of the lot, on-site parking, and the fencing
and landscaping screening Mr. Harris' property well protect the abutting lot owners.
ik,o.,S) As noted, staff has found that the use will meet all parking and safety inspection requirements.
Staff has not specifically pointed to anything that suggests allowing an additional three
JX4k)
bedrooms would compromise public health, safety or welfare.
Staff's bases their recommendation to deny on an entirely subjective concern about the impact
on the character of the neighborhood, yet if the staff report is read closely, staff does not
actually find that the additional three bedrooms would make the use out of character with the
neighborhood. Staff only states that "the by-right number of two homestay rooms for rent is
more in keeping with the character of the surrounding neighborhood."
Mr. Harris has gone above and beyond in building an attractive single-family residence that is
capable of hosting additional guests comfortably while protecting his neighbors. I ask that you
approve his request.
Sincerely,
/Ve
Mayn rd Sipe, Esq.
August 17, 2020
Rebecca Ragsdale, Principal Planner
Community Development
County of Albemarle
401 McIntire Road
Charlottesville, VA 22903
Re:The Manors Home Stay Special Exception Request (HS201900026)
Dear Ms. Ragsdale,
There were a few points you have raised that you felt were unfavorable to the Homestay
Special Exception request I have applied for. I have taken several steps to address these points.
First, I am withdrawing the special exception request to waive the owner occupancy
requirement under the County's zoning ordinance Section 5.1.48(j)(1)(iv). I will be residing in
the primary dwelling (2405 Northfields Road) which will be my personal home. I informed you
of this in my previous letter to you in April but wanted to make certain you take note of this.
You previously have suggested that "the sole use of the primary dwelling (#2405)would be for
homestay use." This is not true as the principal use of 2405 will be as my residence, with guest
rooms in my residence being occasionally occupied as part of the proposed homestay use.
You have repeatedly raised a concern that the property at 2405 Northfields Road was owned in
the name of a corporate entity(my limited liability company,The Manors LLC). I don't agree
that the type of ownership should have anything to do with how the proposed homestay use is
reviewed or approved. However, in order to address any concerns you or others may have with
the form of ownership, I have transferred the property's ownership back into my own name.
The recent deed is attached. There should no longer be any concerns expressed about the form
of ownership.
A concern was also expressed that the proposed homestay use "would be commercial in nature
and appear out of character with the surrounding neighborhood." A homestay is, by its very
definition in Section 3.1 of the County's Zoning Ordinance, recognized as "an accessory
residential use." It is thus by definition a "residential use" and conforms with the Places 29
master plan that designates the area for neighborhood residential uses. It is important to keep
in mind that the use of the property will remain entirely residential as it will be my home. The
property will continue to appear residential in nature in all aspects. No one objectively viewing
the property from Northfields Road or any other vantage point will notice anything
"commercial" about the property.
As for the scale and character,the improvements I have made to the residence at 2405
Northfields Road cannot fairly be said to have any negative impact on the neighborhood. While
I've expanded the size of the residence.from what it was before, my newly renovated residence
is not at all out of line with some of the larger homes in the neighborhood such as the one
directly across the road at 2406 Northfields Road or the residences at 2418 Northfields Road
and 1430 Old Brook Road. Prior to my renovations,the residence was more of an eyesore that
hurt the neighborhood's character because it was in need of substantial repairs and yard
maintenance (see photo of prior condition attached). The improvements I have made to the
residence at 2405 Northfields Road have resulted in a much more attractive and up-scale
residence which only enhances the character of the neighborhood. (see photo of renovated
residence attached).
As for the homestay use, it is unlikely tharthe neighbors will even notice it. The homestay will
have occasional guests, mostly over weekends. Guests will likely spend much of their time
away from my residence attending events they have traveled to Charlottesville for. All guests
will be directed to access the homestay directly from Rio Road so there will not be any
noticeable additional traffic going through the neighborhood. Guests will generally park their
vehicles in the rear of the residence. The parking area will not be visible from Northfield Road
as it is fenced on all sides and there will be a gated entrance. The yard areas are fenced and
heavily landscaped for my privacy and enjoyment, but they will also serve to protect my
immediate neighbors.
I ask you to carefully re-evaluate my application for an increase in the number of guest rooms
permitted from two to five. Given the changes I have outlined,there should no longer be any
concerns related to owner occupancy,the form of ownership,the nature of the homestay use,
or its scale and character.
Sinc
Darrick Harris, Owner
202000009269.002
Tax Map I Parcel : 062A1-00-OG-01800 Prepared by and return to:
Consideration:Deed from LLC,exempt pursuant to Lair D.Haugh,VSB 4i 25187
Code of Virginia Section 58.1-81 l(A)(11). Haugh&Ilaugh,P.C.
Title Insurer for this transaction:None.This deed is 435 Park Street
prepared without benefit of title examination.No opinion on title Charlottesville,Virginia
is provide. 22902
THIS DEED OF GIFT dated this the 15th day of July,2020,by and between
TAF MANORS,LI,C,a Virginia limited liability company, GRANTOR, and
DARRICK HARRIS,GRANTEE,whose address is 255 Lakeview Dr.,Charlottesville,
Virginia 22901.
WITNESSETH:
THAT for and in consideration of$10.00,receipt of which is hereby
acknowledged,the said Grantor does hereby GIVE,GRANT,and CONVEY,with
GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee,
all that certain lot or parcel of land,with the improvements thereon and appurtenances
thereto belonging as described in Schedule A attached hereto.
This conveyance is made expressly subject to any and all easements,conditions,
restrictions,covenants,and reservations contained in duly recorded deeds,plats.' nd
other instruments constituting constructive notice in the chain of title to the said property
' hereby conveyed,as the same may lawfully apply,which have not expired by a time
limitation contained therein or have not otherwise become ineffective.
WITNESS the following signatures and seals:
202000009269.003
T I tL t� ,LLC
BY: C
Its:_ Y — ..
�5JONNTY OF AirCO ti�iMto
CITY OUNTY OF 19 t 3 11 ;to-wit: j
The foregoing was sigrJ d and cI owledged before me this the I day of
.�U`- _,2020,by 1 cr.c E. Carl t 5 _ _, 0 iii `� f
The Manors,LLC,on behalf of said company.
I
I
My commission expires: Ob
112/
61 ANAVICTORiAGONZALEZ Notary Public
NOTARY 1559488
7y.+.t OOMMONNYFALIBOFVIRGINIA
MY CO tM$$QN D3nRF5 FEBRUARY 21I,20121
r
Attachment - Photographs
Photograph of residence prior to renovations
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Photograph of renovated house viewed from Northfields Road
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