HomeMy WebLinkAboutLZC201400036 Legacy Document 2014-10-09� GF AL8
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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
October 1, 2014
Mr. Pete Caramanis, Attorney for SM Charlottesville, LLC
c/o Royer, Caramanis & McDonough, PLC
200 -C Garrett Street
Charlottesville, VA 22902
RE: LZC2014- 00036, "Westlake Hills" Subdivision, Phase 1
TMP56, Parcels 53, 95A & 95B
Owner: SM Charlottesville, LLC (the "Property ")
Dear Mr. Caramanis:
In response to your request for a Letter of Zoning Compliance for the above referenced
Property, please be advised of the following:
• The Property is zoned R -1 Residential.
The use of the property for up to 47 single family detached dwellings on separate lots, as
shown on the approved subdivision plat of "Westlake Hills, Phase 1, Lots 1 thru 47 and
Plat Combining Tax Map 53, 95A and 95B Whitehall Magisterial District, Albemarle
County, Virginia" dated September 3, 2013, last revised January 30, 2014 prepared by
Roudabush, Gale & Associates, Inc., Engineers, Surveyors and Land Planners, is a by-
right use in the R -1 zoning district (see attached Section 13 of the Albemarle County
Zoning Ordinance).
This office has no record of any open zoning violations for the Property.
This office is not aware of any nonconforming issues, variances, special exceptions or
proffers affecting the Property.
Please conta t-m i you ave questions or require additional information.
Since y,
R d L. Higgins, AICP
Chief of Zoning /Deputy Zoning Administrator
Attachment: Section 13 of the Albemarle County Zoning Ordinance.
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 13
RESIDENTIAL - R -1
Sections:
13.1
INTENT, WHERE PERMITTED
13.2
PERMITTED USES
13.2.1
BY RIGHT
13.2.2
BY SPECIAL USE PERMIT
13.3
AREA AND BULK REGULATIONS
13.4
BONUS FACTORS (REFERENCE 2.4)
13.4.1
ENVIRONMENTAL STANDARDS
13.4.2
DEVELOPMENT STANDARDS
13.4.3
AFFORDABLE HOUSING
13.5
CLUSTER DEVELOPMENT OPTION REGULATIONS
13.1 INTENT, WHERE PERMITTED
This district (hereafter referred to as R -1) is created to establish a plan implementation zone that:
- Recognizes the existence of previously established low density residential districts in
communities and the urban area; (Amended 9 -9 -92)
- Provides incentives for clustering of development and provision of locational, environmental and
development amenities; and
- Provides for low density residential development in community areas and the urban area.
(Amended 9 -9 -92)
R -1 districts may be permitted within community and urban area locations designated on the
comprehensive plan. (Amended 9 -9 -92)
13.2 PERMITTED USES
13.2.1 BY RIGHT
The following uses shall be permitted by right in the R -1 district, subject to the applicable
requirements of this chapter:
1. Detached single - family dwellings.
2. Cluster development of permitted residential uses.
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)
18 -13 -1
Zoning Supplement #81, 9 -11 -13
ALBEMARLE COUNTY CODE
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 occupation, Class A (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 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. Tourist lodgings (reference 5.1.17).
11. Homes for developmentally disabled persons (reference 5.1.07).
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)
(§ 20- 13.2.1, 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)
13.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted by special use permit in the R -1 district, subject to the
applicable requirements of this chapter: (Amended 5 -5 -10)
1. Community center (reference 5.1.04).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
3. Fire and rescue squad stations (reference 5.1.09).
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. Day care, child care or nursery facility (reference 5.1.06).
8. Mobile home subdivisions (reference 5.5).
9. Home occupation, Class B (reference 5.2).
18 -13 -2
Zoning Supplement #81, 9 -11 -13
ALBEMARLE COUNTY CODE
10. Churches. (Added 9 -2 -81)
11. Cemeteries. (Added 9 -2 -81)
12. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
13. Historical centers, historical center special events, historical center festivals (reference
5.1.42). (Added 6 -8 -05)
14. Farmers' markets (reference 5.1.47). (Added 5 -5 -10)
(§ 20- 13.2.2, 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)
13.3 AREA AND BULK REGULATIONS
AREA AND BULK REGULATIONS
13.4 BONUS FACTORS (REFERENCE 2.4)
13.4.1 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 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 (5) 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)
13.4.2 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 (10) percent shall be granted.
For dedication of land to public use not otherwise required by law, density may be increased as
follows:
18 -13 -3
Zoning Supplement #60, 5 -5 -10
STANDARD LEVEL
BONUS LEVEL
CONVENTIONAL
CLUSTER
CONVENTIONAL
CLUSTER
REQUIREMENTS
DEVELOPMENT
DEVELOPMENT
DEVELOPMENT
DEVELOPMENT
Gross density
0.97 du /acre
0.97 du /acre
1.45 du /acre
1.45dulacre
Minimum Lot Size
45,000 sq ft
30,000 sq ft
30,000 sq ft.
20,000 sq ft
Minimum
frontage:
public, private
120 feet
100 feet
100 feet
80 feet
Yards, minimum:
Front
25 feet
25 feet
25 feet
25 feet
Side
15 feet
15 feet
15 feet
15 feet
Rear
20 feet
20 feet
20 feet
20 feet
Maximum
Structure height
35 feet
35 feet
35 feet
30 feet
13.4 BONUS FACTORS (REFERENCE 2.4)
13.4.1 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 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 (5) 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)
13.4.2 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 (10) percent shall be granted.
For dedication of land to public use not otherwise required by law, density may be increased as
follows:
18 -13 -3
Zoning Supplement #60, 5 -5 -10
ALBEMARLE COUNTY CODE
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)
13.4.3 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)
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)
i. The occupancy of the affordable units shall be restricted to those households with incomes at
or below eighty (80) percent of the area median incorne 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
18 -13 -4
Zoning Supplement #60, 5 -5 -10
ALBEMARLE COUNTY CODE
delineates the terms and conditions pertaining to rental rates, occupancy and reporting during
the minimum ten (10) year period. (Added 10 -3 -07)
(§ 13.4.3, 12- 10 -80; 8- 14 -85; 3 -5 -86; Ord. 07- 18(2), 10 -3 -07)
13.4.4 The cumulative effect of density factors above may not exceed fifty (50) (Amended 8- 14 -85)
13.5 CLUSTER DEVELOPMENT OPTION REGULATIONS
At the option of the owner, regulations under cluster development provisions in section 13.3 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)
18 -13 -5
Zoning Supplement #60, 5 -5 -10