HomeMy WebLinkAboutLZC201400034 Review CommentsA�B�`9
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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
September 16, 2014
Greystone Servicing Corporation, Inc. Fannie Mae, c/o DDF
1715 Aaron Brenner Drive, Suite 500 13150 Worldgate Drive
Memphis, TN 38120 Herndon, VA 20170
RE: LZC201400034 — Certification of Zoning for Abbington Crossing I Apartments
(Formerly Squire Hill Apartments) off of Hillsdale Drive in Albemarle County, Virginia
Tax Map Parcel Nos. 06100- 00- 00 -129EO and 06100- 00- 00 -129GO Charlottesville, Virginia,
22901 (the "Property ")
Ladies and Gentlemen:
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.
Our records indicate Parcel 129E contains 10.221 acres and has 151 dwelling units. Parcel 129G
contains 3.85 acres and has 111 dwelling units. Together these two parcels contain 262 dwelling
units on 14.071 acres.
1. The property is zoned Residential, R -15, and is located in the Airport Impact Area Overlay
District -AIA. This district permits a density of 15 units per acre (see attached R -15 ordinance
section and map of zoning).
2. The parcels abutting the Property are zoned Residential -R -15, and Neighborhood Model
District -NMD.
3. The Property is not a planned unit development and is not subject to any variances or special
permits.
4. The current use of the Property as a 262 unit apartment facility is a permitted use under the
R -15 zoning without the necessity of any rezoning, special exception, special use permit or
variance.
5. SDP -340 Squire Hill Apartment Site Plan was originally approved by the Planning Commission
on September 25, 1972. The plan was titled Phase One, Building 1 through 28. That plan,
which also included Phase Two and was dated November 10, 1972, showed a total of 516 units
in 53 buildings served by 900 parking spaces on 32.18 acres, an overall density of 16.03 units
per acre. The parcels that are the subject of this determination contain a total of 262 units on
14.071 acres, a density of 18.62 units per acre.
The SDP -340 file contains two letters of revision. One dated March 1, 2004 allows the
installation of two storage sheds in Phase 2. The other, dated May 18, 2005 allows the
conversion of a tennis court to a playground area.
September 16, 2014
LZC2014 -00034
Page 2
SDP 78 -10 Squire Hill Phase II Site Plan Amendment was approved by the Board of
Supervisors on August 7, 1978. The plan, revised on May 22, 1978, showed 516 units in 53
buildings served by 900 parking spaces. The plan was divided into two stages. Stage 1
consisted of Buildings 1 through 28. Stage 2 proposed Building 29 through 53. The plan,
revised on May 22, 1978, showed 516 units in 53 buildings served by 900 parking spaces. The
plan was divided into two stages. Stage 1 consisted of Buildings 1 through 28. Stage 2
proposed Building 29 through 53. The plan was revised again on November 2, 2009; this
reconfigured the pool and clubhouses. The plan was revised again on March 8, 2010 this
changed some lighting around the entire site.
6. The entire 32.18 -acre Squire Hill project was developed at a density of 16.03 units per acre, in
conformance with R -3 zoning regulations in effect at the time of approval. Those regulations
permitted up to 20 units per acre. The current R -15 zoning limits density to 15 units per acre.
Therefore, the density of this section of Squire Hill is legally conforming.
The current Zoning Ordinance requires a total of 950 parking spaces based on 1.5 spaces for
each 1- bedroom unit and 2 spaces for each 2 & 3- bedroom unit. The parking is legally
nonconforming because the development was approved with 900 parking spaces.
7. This site was inspected for zoning compliance on September 16, 2014. No violations were
identified.
8. A review of our records revealed no unresolved zoning or building code violations associated
with this property.
9. The Property is recognized as one or more separate parcels of land and may be conveyed,
leased or mortgaged as separate parcels. The Property is in compliance with the subdivision
ordinance of Albemarle County. The Property is not subject to any other conditions or special
limitations imposed by the County of Albemarle in connection with any subdivision approval of
the Property.
10. If destroyed, under existing law, the improvements could be rebuilt to the previously existing
size and shape on the same location with the same density conditions applicable if commenced
within one year and completed within two years.
Please contact me if you have questions or require additional information.
Sincer
Francis H. MacCall
Principal Planner
Designee to the Zoning Administrator
Attachments: Zoning Map, Zoning Ordinance Section 18
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources September 16, 2014
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 18
RESIDENTIAL - R -15
Sections:
18.1 INTENT, WHERE PERMITTED
18.2 PERMITTED USES
18.2.1 BY RIGHT
18.2.2 BY SPECIAL USE PERMIT
18.3 AREA AND BULK REGULATIONS
18.4 BONUS FACTORS (REFERENCE 2.4)
18.4.1 ENVIRONMENTAL STANDARDS
18.4.2 DEVELOPMENT STANDARDS
18.4.3 AFFORDABLE HOUSING
18.5 CLUSTER DEVELOPMENT OPTION REGULATIONS (Amended 8- 14 -85)
18.6 BUILDING SEPARATION
18.7 RECREATIONAL AREA REQUIREMENTS
18.8 HEIGHT REGULATIONS
18.1 INTENT, WHERE PERMITTED
R -15 districts are hereby created and may hereafter be established by amendment to the zoning
map to provide a plan implementation zone that:
- Provides for compact, high - density residential development; (Amended 9 -9 -92)
- Permits a variety of housing types; and
- Provides incentives for clustering of development and provision of locational, environmental and
developmental amenities.
R -15 districts may be permitted within the community and urban area locations designated on the
comprehensive plan. (Amended 9 -9 -92)
18.2 PERMITTED USES
18.2.1 BY RIGHT
The following uses shall be permitted by right in the R -15 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.
18 -18 -1
Zoning Supplement #81, 9 -11 -13
ALBEMARLE COUNTY CODE
3. Multiple - family dwellings such as garden apartments.
4. Cluster development of permitted residential uses.
5. 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 lot.
6. Homes for developmentally disabled persons (reference 5.1.07).
7. Boarding houses.
8. Tourist lodgings (reference 5.1.17).
9. (Repealed 9 -2 -81)
10. (Repealed 9 -2 -81)
11. 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.
12. 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 Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11 -1 -89)
13. Temporary construction uses (reference 5.1.18).
14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
15. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10 -9 -02)
16. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
17. Family day homes (reference 5.1.56). (Added 9- 11 -13)
(§ 18.2.1, 12- 10 -80; 9 -2 -81; 11 -1 -89; Ord. 02-18(6),10-9-02; Ord. 04-18(2),10-13-04; Ord. 13-18(5),9-
11-13)
18.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted by special use permit in the R -15 district, subject to the
applicable requirements of this chapter:
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).
18 -18 -2
Zoning Supplement #81, 9 -11 -13
ALBEMARLE COUNTY CODE
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. Day care, child care or nursery facility (reference 5.1.6).
8. Mobile home subdivisions (reference 5.5).
9. Rest home, nursing home, convalescent home, orphanage or similar institution (reference
5.1.13).
10. Hospitals.
11. Professional offices.
12. Retail stores and shops on a single floor, compatible with the residential characteristics of the
district, with a gross floor area not exceeding four thousand (4,000) square feet.
13. Home occupation, Class B (reference 5.2).
14. Churches. (Added 9 -2 -81)
15. Cemeteries. (Added 9 -2 -81)
16. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7 -84;
Amended 2 -5 -03)
17. Mobile home parks (reference 5.3). (Added 3 -5 -86)
18. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -03)
19. Historical centers, historical center special events, historical center festivals (reference
5.1.42). (Added 6 -8 -05)
20. Farmers' markets (reference 5.1.47). (Added 5 -5 -10)
( §20- 18.2.2, 12- 10 -80; 9 -2 -81; 11 -7 -84; 3 -5 -86; 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)
18.3 AREA AND BULK REGULATIONS
Area and bulk regulations within the R -15, Residential, district are as follows:
(§ 20 -18.3, 12- 10 -80, 6- 11 -08; 1 -1 -83; 7- 17 -85; Ord. 08- 18(4), 6- 11 -08)
18 -18 -3
Zoning Supplement #60, 5 -5 -10
STANDARD LEVEL
BONUS LEVEL
CONVENTIONAL CLUSTER
CONVENTIONAL CLUSTER
REQUIREMENTS
DEVELOPMENT DEVELOPMENT
DEVELOPMENT DEVELOPMENT
Gross density
15 du/acre 15 du/acre
20 du /acre 20 du/acre
Minimum Lot Size
(Added 7- 17 -85)
2,904 sq ft N/A
2,178 sq ft. N/A
Yards, minimum:
Front
25 feet 25 feet
25 feet 25 feet
SideW
15 feet 15 feet
15 feet 15 feet
Rear
20 feet 20 feet
20 feet 20 feet
(a) Minimum side yards may
be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum side
yards may be reduced to zero (0) feet on one side in zero lot line developments in
accordance with section 4.11.3 and are approved
under chapter 14. (Amended 1 -1 -83)
Maximum
Structure height
65 feet 65 feet
65 feet 65 feet
(§ 20 -18.3, 12- 10 -80, 6- 11 -08; 1 -1 -83; 7- 17 -85; Ord. 08- 18(4), 6- 11 -08)
18 -18 -3
Zoning Supplement #60, 5 -5 -10
ALBEMARLE COUNTY CODE
18.4 BONUS FACTORS (REFERENCE 2.4)
(Amended 8- 14 -85)
18.4.1 ENVIRONMENTAL STANDARDS
For maintenance of existing wooded areas equal to: ten (10) percent to nineteen (19) percent of
the site, a density increase of five (5) percent shall be granted; twenty (20) percent or greater of the
site, a density increase of ten (10) 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 8- 14 -85; 9 -9 -92)
18.4.2 DEVELOPMENT STANDARDS
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 fifteen (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 twenty (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)
18.4.3 AFFORDABLE HOUSING
For providing affordable housing units, a density increase of thirty (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 (10) 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
restricting the rental rates of the affordable units for a period of at least ten (10) 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 (10)
years. (Added 3 -5 -86; Amended 10 -3 -07)
18 -18 -4
Zoning Supplement #60, 5 -5 -10
ALBEMARLE COUNTY CODE
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 (10) years. (Added 3 -5 -86; Amended 10-
3-07)
h. The decision to extend the periods beyond the ten (10) year minimum provided in subsections
(b), (c), (f) and (g) shall be in the sole discretion of the developer. (Added 10 -3 -07)
The occupancy of the affordable units shall be restricted to those households with incomes at
or below eighty (80) percent of the area median income for for -sale units and at or below sixty
(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 (10) year period. (Added 10 -3 -07)
(§ 18.4.3, 12- 10 -80; 8- 14 -85; 3 -5 -86; Ord. 07- 18(2), 10 -3 -07)
18.4.4 The cumulative effect of density factors above may not exceed thirty-three (33) percent.
(Amended 8- 14 -85)
18.5 CLUSTER DEVELOPMENT OPTION REGULATIONS (Amended 8- 14 -85)
At the option of the owner, regulations under cluster development provisions in section 18.3 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.
18.6 BUILDING SEPARATION
In any case in which there is more than one main structure on any parcel, there shall be a
minimum of thirty (30) feet between such structures except as otherwise provided in section
4.11.3. This provision shall not apply to structures built to a common wall. (Amended 1 -1 -83)
18.7 RECREATIONAL AREA REQUIREMENTS
See section 4.16 for recreation requirements. (Amended 3 -5 -86)
18.8 HEIGHT REGULATIONS
Except as otherwise provided in section 4. 10, structures may be erected to a height not to exceed
sixty -five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be set
back from any 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) (Amended 8- 14 -85)
18 -18 -5
Zoning Supplement #60, 5 -5 -10