HomeMy WebLinkAboutLZC201300009 Legacy Document 2014-02-26ALg�,`Y
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832
June 28, 2013
DRA Advisors, LLC.
C/O Ms. Theresa Bohn
Zoning -Info, Inc.
3555 NW 58th Street, Suite 505
Oklahoma City, OK 73112
Fax (434) 972 -4126
RE: TMP 04600- 00- 00- 026B0, G &I VI Greens at Hollymead LLC
DRA Advisors LLC, Mark Okrent -- LZC 201300009
Dear, Ms. Bohn:
At your request, we have examined our records with respect to the parcel of land in
the County of Albemarle, (the "Property ") and are providing the following:
(a) The Property is zoned Planned Unit Development (PUD). Section 20.3.1 of
the zoning ordinance allows multi - family development as a by -right use. It is
located in the Airport Impact Area Overlay District.
(b) The Property was rezoned to a planned development community from
Residential (R -1) on May 8, 1972, prior to our current Zoning Ordinance of
1980, and given this Planned Unit Development (PUD) classification in the
new zoning map of December, 1980. The PUD zoning has remained on the
Property since that time. The original site plan was submitted June 7, 1989
which stated the current zoning as PUD, as have subsequent plans.
(c) The adjacent properties are as follows: parcels to the Northwest, West and
South are zoned PUD, parcels to the East are zoned Residential (R -1),
parcels to the Northeast are zoned Planned Residential Development (PRD),
and parcels to the North are zoned Residential (R -4).
Ms. Theresa Bohn
June 28, 2013
Page 2
(d) The Property is improved with 16 multi - family buildings with a total of 144
units. The property was developed with a site plan, SDP1997 -123.
(e) To the best of my knowledge, the current uses of the Property and the
improvements on the Property comply with all applicable requirements of the
zoning ordinance of the County. A site inspection conducted on June 24,
2013 found no deviations or deficiencies.
Please gpant-a-Ct is off e if you have any questions or require further information.
r Z rmcereiy'
nald L. Higg ns, AI
Chief of Zoning /Deputy Zoning Administrator
Enclosures: Zoning Ordinance Section 22.0
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 20
PLANNED UNIT DEVELOPMENT - PUD
Sections:
20.1 INTENT, WHERE PERMITTED
20.2 APPLICATION
20.3 PERMITTED USES - RESIDENTIAL
20.3.1 BY RIGHT
20.3.2 BY SPECIAL USE PERMIT
20.4 PERMITTED USES - COMMERCIAL /SERVICE
20.4.1 BY RIGHT
20.4.2 BY SPECIAL USE PERMIT
20.5 PERMITTED USES - SHOPPING CENTER
20.5.1 BY RIGHT
20.5.2 BY SPECIAL USE PERMIT
20.6 PERMITTED USES - INDUSTRIAL
20.7 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
20.8 REGULATIONS GOVERNING RESIDENTIAL AREAS
20.8.1 RESIDENTIAL DENSITY
20.8.2 MINIMUM AREA REQUIREMENTS FOR OPEN SPACE
20.8.3 RECREATIONAL AREA REQUIREMENTS
20.8.4 HEIGHT REGULATIONS
20.8.5 BUILDING SEPARATION
20.8.6 SETBACK AND YARD REGULATIONS
20.9 REGULATIONS GOVERNING COMMERCIAL /SERVICE AREAS
20.9.1 INTENT, GENERALLY
20.10 REGULATIONS GOVERNING SHOPPING CENTER AREAS
20.10.1 INTENT, GENERALLY
20.11 REGULATIONS GOVERNING INDUSTRIAL AREAS
20.11.1 INTENT, GENERALLY
20.12 MINIMUM OFF - STREET PARKING AND LOADING SPACE REQUIREMENTS
20.13 SIGN REGULATIONS
20.1 INTENT, WHERE PERMITTED
PUD districts may hereafter be established by amendment to the zoning map in accordance with the
provisions set forth generally for planned development districts in sections 8 and 3' ) and with densities and
uses in locations in accordance with recommendations of the comprehensive plan. As described by the
comprehensive plan, PUD districts are intended to serve as neighborhoods or mini - neighborhoods within
designated communities and the urban area. Additionally, PUD districts may be appropriate where the
establishment of a "new village" or the nucleus of a future community exists and where the PUD
development would not preclude achievement of the county's objectives for the urban area, communities
and villages.
In order to encourage the community function, appropriate commercial and industrial uses are provided in
addition to a variety of residential uses. It is intended that commercial and industrial development be
limited to a scale appropriate to the support of the residential uses within the PUD; provided that additional
commercial and industrial activity may be permitted upon a finding that the area in which the PUD is to be
located is not adequately served by such use.
18 -20 -1
Zoning Supplement 478, 4 -3 -13
ALBEMARLE COUNTY CODE
It is intended that these regulations provide flexibility in residential development by providing for a mix of
residential uses with appropriate nonresidential uses, alternative forms of housing, flexibility in internal
relationships of design elements and, in appropriate cases, increases in gross residential densities over that
provided in conventional districts.
(§ 20.1, 12- 10 -80; Ord. 12- 18(7), 12 -5 -12, effective 4 -1 -13)
State law reference —Va. Code §§ 15.2 -2280, 15.2 -2286.
20.2 APPLICATION
Notwithstanding the requirements and provisions of section 8, planned development districts, generally,
where certain planned community districts have been established and have been developed or received final
site development plan approval prior to the adoption of this ordinance, such districts shall be considered to
have been established as PUD districts under this ordinance and shall be so designated on the zoning map.
(§ 20.2, 12- 10 -80; Ord. 12- 18(7), 12 -5 -12, effective 4 -1 -13)
State law reference —Va. Code §§ 15.2 -2280, 15.2 -2286.
20.3 PERMITTED USES - RESIDENTIAL
Within areas approved as residential on the application plan, permitted uses shall be as follows:
20.3.1 BY RIGHT
The following uses shall be permitted subject to the requirements and limitations of this chapter:
1. Detached single - family dwellings.
2. Semi - detached and attached single - family dwellings such as duplexes, triplexes, quadraplexes,
townhouses, atrium houses and patio houses provided that density is maintained, and provided further
that buildings are located so that each unit could be provided with a lot meeting all other requirements
for detached single - family dwellings except for side yards at the common wall.
3. Multiple - family dwellings.
4. (Repealed 9 -2 -81)
5. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities such as
tennis courts, swimming pools, game rooms, libraries and the like.
6. Water, sewer, energy and communications distribution facilities.
7. Public uses (reference 5.1.12).
8. Temporary construction headquarters and temporary construction storage yards (reference 5.1.18).
9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage
buildings.
10. Group homes (reference 5.1.07).
11. Stormwater management facilities shown on an approved final site plan or subdivision plat.
12. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
18 -20 -2
Zoning Supplement #78,4-3-13
ALBEMARLE COUNTY CODE
(§ 20-20.3.1,12-10-80; 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(2),
4 -3 -13)
20.3.2 BY SPECIAL USE PERMIT
The following uses shall be permitted by special use permit in the PUD district, subject to the applicable
requirements of this chapter and provided that no separate application shall be required for any such use
included in the original PUD rezoning petition:
1. Day care, child care or nursery facility (reference 5.1.06).
2. Fire, ambulance and rescue squad stations (reference 5.1.09).
3. Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13).
4. Energy and communications transmission facilities (reference 5.1.12).
5. Home occupation, Class B (reference 5.2).
6. Churches.
7. Stand alone parking and parking structures (reference 4.12, 5.1.41).
8. Tier III personal wireless service facilities (reference 5.1.40).
9. Farmers' markets.
(§ 20- 20.3.2, 12- 10 -80; 9 -2 -81; 11 -7 -84; Ord. 03- 18(1), 2 -5 -03; Ord. 04- 18(2), 10- 13 -04; Ord. 10- 18(4), 5 -5 -10;
Ord. 13- 18(2), 4 -3 -13)
20.4 PERMITTED USES - COMMERCIAL /SERVICE
Within areas approved as commercial /service on the application plan, uses permitted shall be as follows:
20.4.1 BY RIGHT
1. Uses permitted by right in section 22.0, commercial, C -1.
2. Uses permitted by right in section 23.0, commercial office, CO.
20.4.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit, provided that no separate application
shall be required for any such use included in the original PUD rezoning petition:
1. Uses permitted by special use permit in section 22.0, commercial, C -1.
2. Uses permitted by special use permit in section 23.0, commercial office, CO.
3. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 2 -5 -03)
20.5 PERMITTED USES - SHOPPING CENTER
Within areas approved for shopping center on the application plan, uses permitted shall be as follows:
18 -20 -3
Zoning Supplement #78,4-3-13
ALBEMARLE COUNTY CODE
20.5.1 BY RIGHT
Uses permitted by right in section 25.0, planned development - shopping centers, PD -SC.
20.5.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit, provided that no separate application
shall be required for any such use included in the original PUD rezoning petition:
1. Uses permitted by special use permit in section 25.0, planned development - shopping centers, PD -SC.
2. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 2 -5 -03)
20.6 PERMITTED USES - INDUSTRIAL
In approval of areas as industrial on the application plan, the board of supervisors shall designate the
category of uses as provided in section 29.0, planned development - industrial park, PD- IP for each
subarea of industrial on the application plan. Thereafter, except as otherwise expressly provided herein,
uses permitted shall be established in accordance with section 29.0, provided that no separate application
shall be required for any such use permitted by special use permit included in the original PUD rezoning
petition.
20.7 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
20.7.1 Minimum area required for the establishment of a PUD district shall be one hundred (100) acres.
20.7.2 Additional area may be added to an established PUD district if it adjoins and forms a logical addition to the
approved development. The procedure for an addition shall be the same as if an original application were
filed, and all requirements shall apply except the minimum acreage requirement of section 20.7.1.
20.8 REGULATIONS GOVERNING RESIDENTIAL AREAS
20.8.1 RESIDENTIAL DENSITY
The gross and net residential densities permitted in any PUD district shall be shown on the approved
application plan therefor, which shall be binding upon its approval.
The overall gross density so approved shall be determined by the board of supervisors with reference to the
comprehensive plan, but shall, in no event, exceed thirty -five (35) dwelling units per acre. In addition, the
bonus and cluster provisions of this ordinance shall be inapplicable to any PUD except as herein otherwise
expressly provided.
20.8.2 MINIMUM AREA REQUIREMENTS FOR OPEN SPACE
Not less than twenty -five (25) percent of the residential area of any PUD shall be in open space.
20.8.3 RECREATIONAL AREA REQUIREMENTS
See section 4.16 for recreation requirements. (Amended 3 -5 -86)
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
18 -20 -4
Zoning Supplement #78, 4 -3 -13
ALBEMARLE COUNTY CODE
requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five
(35) feet. (Amended 9 -9 -92)
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. (Amended 1 -1 -83)
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.
20.9 REGULATIONS GOVERNING COMMERCIAL /SERVICE AREAS
20.9.1 INTENT, GENERALLY
Commercial /service areas are intended to be of a scale, character and location appropriate to provide
convenience services primarily for the residents of the PUD district. To this end, where practical,
commercial /service areas shall be internally oriented and separated from dissimilar areas surrounding the
PUD district. External vehicular access shall be discouraged and internal pedestrian access shall be
encouraged. Total commercial /service area shall be based on dwellings served. Individual establishments
shall be limited in size to avoid the impression of general commercial development.
20.9.2 Commercial /service areas shall comply to the requirements of section 21.0, commercial districts, generally,
provided that any requirement of section 21.0 shall be subject to modification, variation or waiver as
provided in section 8.0, planned development districts, generally. For such areas as may be located on the
perimeter of a PUD district, the commission shall be particularly mindful of the intent to protect the
character of adjoining development.
20.9.3 The total gross floor area of uses permitted in commercial/ service areas shall not exceed twenty (20)
square feet per dwelling unit approved on the application plan. Outdoor display service or sales areas shall
be included in gross floor area calculations. For gasoline service stations, each fuel pump shall count as
two hundred (200) square feet of gross floor area and all service bays shall be included in gross floor area
calculations. No individual commercial establishment shall have a gross floor area in excess of five
thousand (5,000) square feet.
20.9.4 Building permits for commercial /service uses shall not be issued prior to issuance of building permits for
eighty (80) percent of the dwelling units approved on the application plan.
20.10 REGULATIONS GOVERNING SHOPPING CENTER AREAS
20.10.1 INTENT, GENERALLY
Shopping center areas shall be permitted only upon a finding that:
a. The scale of the PUD development is adequate to support such use;
b. The area in which the PUD development is located is not adequately served by such use. More
specifically, no shopping center area shall be permitted which does not satisfy the requirements of
section 25.1.
18 -20 -5
Zoning Supplement 460, 5 -5 -10
ALBEMARLE COUNTY CODE
20.10.2 Shopping center areas shall comply with the requirements of section 25.0, planned development - shopping
centers, provided that any requirement of section 25.0 shall be subject to modification, variation or waiver
as provided in section 8.0, planned development districts, generally. For such areas as may be located on
the perimeter of a PUD district, the commission shall be particularly mindful of the intent to protect the
character of adjoining development.
20.10.3 Building permits for shopping center uses shall not be issued prior to issuance of building permits for
eighty (80) percent of the dwelling units approved on the application plan.
20.11 REGULATIONS GOVERNING INDUSTRIAL AREAS
20.11.1 INTENT, GENERALLY
Industrial areas are intended to provide convenient employment for residents of the PUD district, and
where deemed appropriate, for residents of surrounding areas based upon the availability of labor in such
areas. To this end, acreage devoted to industrial use shall be proportional to the population served.
Additional acreage for industrial usage may be reserved for future development to serve the overall
industrial needs of Albemarle County as recommended by the comprehensive plan.
20.11.2 Industrial areas shall comply with the requirements of section 26.0, industrial districts, generally, and
section 29.0, planned development - industrial park, except as hereinafter expressly provided. Any
requirement of sections 26.0 and 29.0 shall be subject to modification, variation or waiver as provided in
section 8.0, planned development districts, generally. For such areas as may be located on the perimeter of
a PUD district, the commission shall be particularly mindful of the intent to protect the character of
adjoining development.
20.11.3 Generally, industrial acreage shall not exceed one (1) acre per one hundred (100) dwelling units within the
PUD district, provided that the board of supervisors may increase such acreage: (1) in order to provide for
future industrial development; and /or (2) upon a finding that the industrial uses proposed will provide
employment to residents outside the PUD development.
20.11.4 Building permits for industrial uses shall not be issued prior to issuance of eighty (80) percent of the
dwelling units approved on the application plan.
20.11.5 Sections 29.3 and 29.4 shall not apply to industrial areas within a PUD district, provided that the total
number of industrial uses shall not exceed the total number of acres within the industrial area.
20.12 MINIMUM OFF - STREET PARKING AND LOADING SPACE REQUIREMENTS
Off - street parking and loading space requirements shall be in accordance with section 4.12.
20.13 SIGN REGULATIONS
Sign regulations shall be as prescribed in section 4.15.
18 -20 -6
Zoning Supplement #60, 5 -5 -10