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HomeMy WebLinkAboutLZC201400026 Legacy Document 2014-07-22.d11isi." r � ©�� mow Si`���RTS/ 9: �_� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 July 1, 2014 The Meadows Housing Corporation 1215 East Market Street, Suite B Charlottesville, VA 22902 Attn: Mark Watson RE: Crozet Meadows, 5821 Meadows Court, Crozet. Virginia 22932 Tax Map Parcel 05600- 00- 00 -014C1 LZC201400026 Dear Mr. Watson: You have asked for a letter that provides an analysis of the zoning and other information regarding the referenced property. This letter is based on a review of our records and an inspection of the site. ■ The property is zoned Planned Residential Development (PRD) and is located in an Entrance Corridor Overlay District (EC) (see attached map). ■ The property was originally developed under a site development plan, SDP 229. The plan shows 28 units (27 dwelling units, 1 unit for use by the manager) served by 35 parking spaces. The site plan also shows a community center served by an additional 17 spaces. ■ The original 28 units were constructed in 1979, prior to the 1980 zoning ordinance. The PRD has no expiration, therefore, in the event the buildings are destroyed they may be rebuilt in accordance with Section 19, Planned Residential Development regulations (attached). ■ The parcel is the subject of a rezoning case, ZMA- 2003 -05, which was approved to allow an additional 40 dwelling units for a total of up to 96 dwelling units. A copy of the Board's action letter and proffers (attached). I: \DEPT\Community Development\Zoning & Current Development Division \Determinations of Compliance\2014 Compliance \LZC201400026_The Meadows.doc Mr. Mark Watson July 1, 2014 Page 2 The parcel is the subject of a site plan, SDP2008 -134, which was approved on September 24, 2009. The Property is in compliance with the approved site plan. The property was inspected on June 23, 2014. The site was found to be in compliance with applicable zoning regulations. Please contact me if you have questions. Sincerel Ronald L. Higgins, AICP Chief of Zoning /Deputy Zoning Administrator Enclosures: Section 19, Planned Residential Development Regulations ZMA- 2003 -005 action letter and proffers GIS Map with Zoning District designation I: \DEPT\Community Development\Zoning & Current Development Division \Determinations of Compliance\2014 Compliance \LZC201400026_The Meadows.doc ALBEMARLE COUNTY CODE CHAPTER 18 ZONING SECTION 19 PLANNED RESIDENTIAL DEVELOPMENT - PRD Sections: 19.1 INTENT, WHERE PERMITTED 19.2 APPLICATION 19.3 PERMITTED USES 19.3.1 BY RIGHT 19.3.2 BY SPECIAL USE PERMIT 19.4 RESIDENTIAL DENSITIES 19.5 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT 19.6 MINIMUM AREA REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL USES 19.6.2 RECREATIONAL AREA REQUIREMENTS 19.7 HEIGHT REGULATIONS 19.8 BUILDING SEPARATION 19.9 SETBACK AND YARD REGULATIONS 19.10 MINIMUM OFF - STREET PARKING REGULATIONS 19.11 SIGN REGULATIONS 19.1 INTENT, WHERE PERMITTED PRD districts may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for PD districts in sections 8.0 and 33.0, and with densities and in locations in accordance with the comprehensive plan, The PRD is intended to encourage sensitivity toward the natural characteristics of the site and toward impact on the surrounding area in land development. More specifically, the PRD is intended to promote economical and efficient land use, an improved level of amenities, appropriate and harmonious physical development, and creative design consistent with the best interest of the county and the area in which it is located. To these ends, the PRD provides for flexibility and variety of development for residential purposes and uses ancillary thereto, Open space may serve such varied uses as recreation, protection of areas sensitive to development, buffering between dissimilar uses and preservation of agricultural activity. While a PRD approach is recommended for developments of any density, it is recommended but not required that the PRD be employed in areas where the comprehensive plan recommends densities in excess of fifteen (15) dwelling units per acre, in recognition that development at such densities generally requires careful planning with respect to impact. (Amended 8- 14 -85) 19.2 APPLICATION Notwithstanding the requirements and provisions of section 8.0, planned development districts, generally, where certain planned community (PC) or residential planned neighborhood (RPN) districts have been established prior to the adoption of this ordinance, such districts shall be considered to have been established as PRD districts under this ordinance and shall be so designated on the zoning map. 18 -19 -1 Zoning Supplement #81, 9 -11 -13 ALBEMARLE COUNTY CODE 19.3 PERMITTED USES 19.3.1 BY RIGHT The following uses shall be permitted by right in the PRD district, subject to the applicable requirements 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. 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. 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 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 R.ivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11 -1 -89) 8. Temporary construction uses (reference 5.1.18). 9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage buildings. 10. Homes for developmentally disabled persons (reference 5,1.7). 11. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10 -9 -02) 12. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) 13. Family day homes (reference 5.1.56). (Added 9- 11 -13) (§ 20- 19.3.1, 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(5), 9- 11 -13) 19.3.2 BY SPECIAL USE PERMIT The following uses shall be permitted by special use permit in the PRD district, subject to the applicable requirements of this chapter and provided that no separate application shall be required for any such use as shall be included in the original PRD rezoning petition: (Amended 5 -5 -10) 18 -19 -2 Zoning Supplement #81, 9 -11 -13 ALBEMARLE COUNTY CODE 1. Day care, child care or nursery facility (reference 5.1.06). 2. Fire and rescue squad stations (reference 5.9). 3. Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13). 4. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; microwave and radio - wave transmission and relay towers, substations and appurtenances (reference 5.1.12). 5. Home occupation, Class B (reference 5.2). 6. Churches. (Added 9 -2 -81) 7. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7 -84; Amended 2 -5- 03) 8. Swim, golf, tennis or similar athletic facilities (reference 5.1.16). (Added 9- 13 -89) 9. Professional offices. (Added 6 -8 -94) 10. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) 11. Historical centers, historical center special events, historical center festivals (reference 5.1.42). (Added 6 -8 -05) 12. Farmers' markets (reference 5.1.47). (Added 5 -5 -10) (§ 20- 19.3.2, 12- 10 -80; 9 -2 -81; 11 -7 -84; 9- 13 -89; 6 -8 -94; Ord. 03- 18(1), 2 -5 -03; Ord. 04- 18(2), 10- 13 -04; Ord. 05- 18(7), 6 -8 -05; Ord. 10- 18(4), 5 -5 -10) 19.4 RESIDENTIAL DENSITIES The gross and net residential densities permitted in any PRD 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 PRD except as herein otherwise expressly provided. 19.5 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT 19.5.1 Minimum area required for the establishment of a PRD district shall be three (3) acres. 19.5.2 Additional area may be added to an established PRD 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 19.5.1. 19.6 MINIMUM AREA REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL USES 19.6.1 Not less than twenty -five (25) percent'of the area devoted to residential use within any PRD shall be in common open space except as hereinafter expressly provided. (Amended 9- 13 -89) 19.6.2 RECREATIONAL AREA REQUIREMENTS See section 4.16 for recreation requirements. (Amended 3 -5 -86) 18 -19 -3 Zoning Supplement #81, 9 -11 -13 ALBEMARLE COUNTY CODE 19.6.3 In the case of any proposed PRD having a total gross area of not less than three hundred (300) acres and a gross residential density of not more than two (2) dwelling units per acre, the board of supervisors may waive the provision of common open space and recreation area as hereinabove required provided that not less than thirty -five (35) percent of the gross area of such proposed PRD shall be devoted solely to agriculture. For purposes of this section only, the term "devoted solely to agriculture" shall be deemed to include not more than one dwelling unit, which shall be included in the determination of the gross density of the PRD. 19.7 HEIGHT REGULATIONS Except as otherwise provided in section 4.10, structures may be erected to a height not to exceed sixty -five (65) feet; provided that any structure exceeding thirty -five (35) feet in height shall be set back from any street right -of -way or single- family residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty -five (35) feet. (Amended 9- 9 -92) 19.8 BUILDING SEPARATION Except as otherwise provided in section 4.11.3, whether or not located on the same parcel, there shall be a minimum of thirty (30) feet between main structures. This provision shall not apply to structures built to a common wall. (Amended 1 -1 -83) 19.9 SETBACK AND YARD REGULATIONS 19.9.1 Structures to be located on the outer perimeter of a PRD district shall conform to the setback and yard regulations of the adjoining district. 19.9.2 Within the PRD district, the board of supervisors shall establish minimum setback and yard requirements at time of establishment of such district. 19.10 MINIMUM OFF - STREET PARKING REGULATIONS Off - street parking and loading space requirements shall be in accordance with section 4.12; provided that the board of supervisors may vary or waive such requirements at time of establishment of a PRD district. 19.11 SIGN REGULATIONS Sign regulations shall be as prescribed in section 4.15. 18 -19 -4 Zoning Supplement 481, 9 -11 -13 I o� A O G vIRGINYP COUNTY OF ALBFMARLF Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5823 Fax (434) 972 -4126 October 21, 2004 Brian P. Smith Brian P. Smith PE Civil Engineering Inc. 105 West High Street Charlottesville, VA 22902 RE: ZMA 2003 -005 The Meadows Expansion Amendment (Sign 457); Tax Map 56, Parcels 14C and 14C1 Dear Mr. Smith: The Board of Supervisors approved your rezoning application on October 6, 2004. Your rezoning of 26.843 acres from PRD allowing 40 dwelling units to PRD allowing 96 dwelling units was approved in accordance with the attached proffers dated September 29, 2004. An application plan /plan of development dated September 29, 2004 was approved as part of the rezoning. Please refer to these documents for any future applications and requests on this property. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property may lawfully begin until all applicable approvals have been received and conditions have been met. This includes compliance with: • compliance with applicable PROFFERS; • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. If you have questions or comments regarding the above -noted action, please do not hesitate to contact Keith Lancaster at 296 -5832. Sincerely, r U,� V. Wayne Cil berg Director of Planning Cc: Amelia McCulley Bill Fritz Tex Weaver Chuck Proctor Steve Allshouse Keith Lancaster Original Proffer Amended Proffer (Amendment # ob PROFFER FORM Date: October 6, 2004 ZMA #2003 -005 Tax Map and Parcel Number(s) 56 -14C & 14C1 26.843 acres to be rezoned from PRD allowing 40 dwelling units to PRD allowing 96 dwelling units. Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. The proffers apply to rezoning and the Application Plan prepared by Brian P. Smith, P.E. and dated September 29, 2004. 1) Maximum Units. The maximum number of residential units is ninety -six. 2) Occupancy. Occupancy shall be limited to persons aged sixty-two years or older, low and moderate income'elderly and/or disabled persons who qualify as such under regulations established by the United States Department of Housing and Urban Development. A husband and wife occupying a dwelling unit shall be qualified occupants provided that one of the spouses is -at least sixty -two years old. 3) Walking Path. The walking path (identified on the Application Plan as "Proposed Walking Path") shall be located as shown on the Application Plan and shall be shown on every subdivision plat or site plan. The path shall be no less than five feet in width, except where existing landscaping or utilities prevent the full five foot width. The subsurface shall be four inches of crushed stone and the surface shall be asphalt, prime and seal, recycled pavement, crusted stone, or any other hard surface approved by the County Engineer. 4) Temporary Construction Easement. The Owner shall reserve that area identified on the Application Plan as "20' Wide Temporary Construction Easement.. " Upon the request of the County, the Owner shall grant to the County a twenty -foot wide temporary construction easement in the location shown on the Application Plan to facilitate the construction of a street on Tax Map 56 Parcel 17A connecting Crozet Avenue to the Old Trail Subdivision. This proffer and the Owner's grant of this easement shall be conditional upon the County agreeing in the deed of easement to restore as nearly as possible the premises within the easement to their original condition by backfilling trenches, replacing fences, trees and shrubbery, and reseeding or restoring groundcover, provided that the County shall not be required to repair or replace any structures within the easement. if the County does not request the temporary construction easement within ten years of the date of approval of ZMA 2003 -005, this proffer shall expire and the Iands shall thereafter not be subject to this reservation. 5) Land Disturbance. Land disturbance shall be limited to those areas where a structure, utility, driveway, street, parking area or other such improvements are shown on the application plan. Additional disturbance may take place if the agent finds that the location, design, construction, and maintenance of these improvements will have the minimum environmental impact on the area and yet allow the improvements to adequately serve the project. The site plan shall include a Tree Conservation Plan as described in Section 32.7.9.4(b) of the Zoning Ordinance. The tree eservation area shall be shown on the site plan, i es of ers, P' d Names 1 Owners,e GL.�7iG v� OR Signature of Attorney -in -Fact Printed Name of Attorney -in -Fact (Attach Proper Power of Attorney) win / gyp^ ;a mu per^ MR / - \ I ( 1 \ / �\ \Ili_`` INb V1 � > - b> „� o R� a R L 7HE MEADOWS EWAMON 79 HOME and CaMMUNf1YCENIER for iMEL06SY $ 0 0 N) Xl if \ u tea• .\\ �` \�\ � .�..:�} +, ,r� �,' b o F,: P e P �� \ .� \ \.� M1s ; W � . ao \ �' \ \. . \ \ \ '� -. \ o- ¢ ��G1. coo g � N �Ra; "r r �� , +`�!•� '-, , \ \ �.n' � ;,,R ,\ \ ,� \ P6 r` b+ (7 �r..dTM1f R*�•�TT.n,P � .' ` \ \Rl� ` \ ro IV- Nk � ♦ 4 '�•.. \� `�. 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