HomeMy WebLinkAboutLZC201600010 Other 2016-02-10COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5932 _ Fax (434) 97241.26
February 10, 2016
Cheri A. Lewis, Esq.
Lewis Law Offices, PLC
619 East High Street, No. 1
Charlotiesviile, VA 22902
Re: LZC201600010 Tax Map/Parcel Nos. 056A2-01-00-02900, 056A2-01-00-02800
056A2-01-00-02700 & 056A1-01-00-06500 (the "Properties")
Dear, Ms. Lewis:
We have examined our records with respect to those certain parcels of real property located in
Albemarle County, Virginia listed above (hereinafter, the "Properties"). As Chief of
Zoning/Deputy Zoning Administrator for Albemarle County, I hereby certify the following
information:
The Properties are zoned Downtown Crozet District (DCD) (Chapter 18, Section 20B of
the Zoning Ordinance, enclosed) and are located in the Entrance Corridor (EC) overlay
district. A zoning map of the Properties is also enclosed.
2. The Properties are not subject to proffers or a code of development.
3. There no known open zoning or building code violations, exceptions, variances or
nonconforming uses on the subject Properties.
Ple=relv.
if you have any questions or require further information.
Sin
.r
d L. Higgins, AIC ' O/
of Zoning/Deputy Z ping Administrator
Enclosure: -Downtown Crozet District (DCD) zoning regulations, Section 18-20B
-Zoning Map of the Properties
ALBEMARLE COUNTY CODE
CHAPTER 1 S
ZONING
SECTION 20B
DOWNTOWN CROZET DISTRICT - DCD
Sections:
20B.1 PURPOSE AND INTENT
20B.2 PERMITTED USES
20B.3 AREA AND BULK REGULATIONS
20B.4 PARKING
20B.5 LANDSCAPING
20B.6 OUTDOOR LIGHTING
20B.7 SIDEWALKS AND STREET TREES
20B.8 RESIDENTIAL USES ALLOWED BY SPECIAL USE PERMIT; ADDITIONAL
FACTORS WHEN CONSIDERING SPECIAL USE PERMITS
20B.1 PURPOSE AND INTENT
The purpose of the Downtown Crozet District (hereinafter referred to as the "DCD") is to establish
a district in which traditional downtown development, as described for the CT6 Urban Core and
CT5 Urban Center transects in the Crozet master plan, will occur.
To these ends, the DCD provides for flexibility and variety of development for retail, service, and
civic uses with light industrial and residential uses as secondary uses. The regulations for the
DCD are intended to promote a development form and character that is different from typical
suburban development allowed by conventional zoning, and are also intended to: (i) promote the
economic and social vitality and diversity of downtown Crozet; (ii) implement the Crozet master
plan for the downtown area of Crozet so that it may serve as the commercial hub of Crozet and its
environs; (iii) provide a greater mix of uses in downtown Crozet, including increased
employment; (iv) facilitate infill and redevelopment; (v) increase the utility of the land; (vi) retain
the uniquely diverse character of Crozet; and (vii) promote a pedestrian -friendly environment.
These regulations are intended to provide maximum flexibility in establishing uses and structures
in order to implement the relevant policies of the Crozet master plan. Accordingly, although the
DCD permits uses that are commercial and light industrial in character, neither sections 21 nor 26
of this chapter apply to the DCD.
(Ord. 08-18(3), 6-11-08)
20B.2 PERMITTED USES
The following uses shall be pennitted in the DCD, subject to the regulations in this section:
A. By right uses; retail and sen4ce. The following retail and service uses are permitted by right:
1. Antique, gift, jewelry, notion and craft shops.
2. Automobile, truck repair shops excluding body shops.
3. Barber, beauty shops.
18-20B-1
Zoning Supplement #82,12-11-13
ALBEMARLE COUNTY CODE
31. Optical goods sales and service.
32. Photographic goods sales and service.
33. (Repealed 12-11-13)
34. Restaurants.
35. Retail nurseries and greenhouses.
36. Service stations.
37. Sporting goods sales.
38. Tailors and seamstresses.
39. Temporary construction headquarters and temporary construction storage yards
(reference 5.1.18).
40. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
41. Tourist lodging.
42. Visual and audio appliances.
43. Laboratories/Research and Development/Experimental Testing.
B. By right uses; office. The following office uses are permitted by right:
1. Offices.
2. Temporary construction headquarters and temporary construction storage yards
(reference 5.1.18).
C. By right uses; public and civic. The following public and civic uses are permitted by right;
1. Churches.
2. Clubs, lodges (reference 5.1.02).
3. Conference centers, outdoor auditoriums, public art or kiosks.
4. Cultural arts centers.
5. Day care centers (reference 5.1.06).
6. Water, sewer, energy and communications distribution facilities.
7. Fire, ambulance and rescue squad stations (reference 5.1.09).
8 Libraries.
9. Outdoor performance areas.
10. Parking structures and stand alone parking structures (reference 4.12 and 5.1.41).
18-2013-3
Zoning Supplement #82, 12-11-13
ALBEMARLE COUNTY CODE
12. Preparation of printing plates including typesetting, etching and engraving.
13. Stand-alone parking (reference 4.12).
14. (Repealed 12-11-13)
15. Tier III personal wireless service facilities (reference 5.1.40).
16. Towing and storage of motor vehicles (reference 5.1.32).
17. Veterinary offices and animal hospitals.
18. Storage/Warehousing/Distribution/Transportation.
19. Manufacturing/Processing/Assembly/Fabrication and Recycling.
F. By special use perntit, residential uses. The following residential uses are permitted by
special use permit without the restriction on first floor uses required by subsection 20B.2(D),
provided that there is no other use permitted by subsections 20B.2(A), (B) or (E) on the same
lot:
I . Apartments, either as a single-family dwelling or as a multiple -family dwelling.
2. Attached single-family dwellings such as townhouses.
3. Boarding houses.
4. Condominiums.
5. Detached single-family dwellings.
6. Group homes (reference 5.1.07)
7. Tourist lodging within detached single-family dwellings existing on June 4, 2008.
8. Dwellings occupied by the owner or employees of a permitted commercial use, and their
families. (reference 5.1.21)
9. Family day homes (reference 5.1.56).
G. Accessory uses and structures. Accessory uses and structures are permitted, including but not
limited to: (i) home occupations, Class A and Class B (reference 5.2) for primary residential
uses; (ii) storage buildings for primary residential and non-residential uses; (iii) outdoor
performance areas for primary cultural arts center uses; and (iv) prototype manufacturing for
research and development uses.
(Ord. 08-18(3), 6-11-08; Ord. 10-18(4), 5-5-10; Ord. 13-18(2), 4-3-13; Ord. 13-18(5), 9-11-13; Ord. 13-
18(8), 12-11-13)
20B.3 AREA AND BULK REGULATIONS
Area and bulk regulations within the DCD are as follows:
A. Area and bulk regulations, generally. Any buildings, structures (collectively, "buildings")
and improvements established on and after June 11, 2008 and to which subsection 20B.3(B)
18-2013-5
Zoning Supplement#82, 12-11-13
ALBEMARLE COUNTY CODE
B. Area and bulk regulations, pre-existing buildings, structures and improvements.
Notwithstanding subsections 63(A)(1) and (3), and subsection 20B.3(A) of this chapter, any
building or structure established before, and existing on, June 11, 2008, may be extended or
enlarged without complying with the maximum front and maximum side yard setbacks and
the minimum front yard setback for parking as an accessory use.
C. Corner lots; determination of front and other sides. Notwithstanding sections 4.6.2(b) and
4.6.3 of this chapter to the extent they determine when front yard setbacks apply, for purposes
of determining setbacks the director of planning (the "director") shall determine which side of
a corner lot abutting a street shall be the front based upon the prevailing building pattern that
has developed in the vicinity of the lot, and shall then determine which other sides will be the
sides and rear of the lot.
D. Minimum standards for a building facade break. Each building fagade break shall provide
either pedestrian access or motor vehicle and pedestrian access to the side and/or rear of the
building on the same lot. A building facade break providing only pedestrian access shall be a
sidewalk having a minimum width of five (5) feet. A building fagadc break providing both
motor vehicle and pedestrian access shall have a travelway at least twelve (12) feet in width
and a sidewalk on at least one side having a minimum width of five (5) feet. The travelway
and the sidewalk shall be designed and constructed to the applicable standards in the design
standards manual. Buildings separated by a building facade break shall have a minimum
separation of the width of the pedestrian access or motor vehicle and pedestrian access at all
points above the ground. See Figure 3.
E. Building entrances. Each building abutting a street shall have a primary entrance from either
the front or side of the building. A building also may have secondary entrances on the side or
rear of the building. If the primary entrance is located on the side of a building, its doors shall
face the front of the building.
F ,Stories. For the purposes of this section 20B, each story shall be visibly discernible from the
street and be composed of habitable space and/or occupiable space, as defined by the Virginia
Uniform Statewide Building Code. Visibly discernible stories shall be achieved through the
use of windows or building entries on each story, using varied building materials, special
ground -floor design treatments, or other facade elements or other architectural details. In
accordance with the procedures stated in subsection 20B.3(H), the director may waive the
requirement that windows, building entries or other facade elements be used to make each
story visibly discernible if the applicant demonstrates to the satisfaction of the director that
the use of other architectural details would render the stories visibly discernible to an
equivalent degree.
G. No structures within easements within setbacks. No structures shall be established within
easements located within setbacks.
H. Modifications or waivers to change maximum setbacks or minimum building,faVade break. In
accordance with the procedures stated in subsection 20B.3(I), the director may modify the ten
(10) foot front building setback and authorize the front building setback to be increased to up
to twenty (20) feet, may waive the maximum side yard setback and establish a different
setback, and may waive the minimum building facade break and establish a different
minimum building facade break. The director may grant a waiver or modification in the
following circumstances: (i) to allow outdoor cafe seating; (ii) to accommodate public spaces
and plazas; (iii) where topography, easements, or unusual physical conditions make
compliance with the requirement impracticable; (iv) where the required sidewalk and street
trees are located on the lot instead of in a public right-of-way; (v) the strict application of the
requirement would not further the purposes of this chapter or otherwise serve the public
health, safety or welfare, and the waiver or modification would better achieve the goals of the
18-2013-7
Zoning Supplement #82,12-11-13
ALBEMARLE COUNTY CODE
c. The strict application of the applicable regulations in subsection 20B.3(A) would not
further the purposes of this chapter or otherwise serve the public health, safety, or
welfare or achieve the goals established in the comprehensive plan.
2. Consideration by the board of supervisors. The board of supervisors may consider a
request under this subsection only as follows:
a. The denial of the request, or the approval of the request with conditions
objectionable to the applicant may be appealed to the board of supervisors as an
appeal of the plat, as provided in section 14-226 of the Code, or a denial of the site
plan, as provided in sections 32.4.2.7 or 32.4.3.9 of this chapter, to which the waiver
pertains. If subdivision plat or site plan approval is not required, the applicant may
file a written appeal with the clerk of the board of supervisors within ten (10) days of
the date of the written action by the director or the commission. A waiver
considered by the commission in conjunction with an application for a special use
permit shall be subject to review by the board of supervisors without the filing of an
appeal.
b. In considering a request, the board may grant or deny the request based upon the
findings set forth in subsection 20B.3(J)(1), amend any condition imposed by the
commission, and impose any conditions it deems necessary for the reasons set forth
in subsection 20B.3 (J)(1).
K. Tums defined. The term "primary building" means the buildings or structures on a lot that
comply with the minimum and maximum front yard setback requirements for a primary building
as provided in subsection 20B.3(A). The term "secondary building" means any building or
structure that is not a primary building on a lot containing at least one (1) primary building.
(Ord. 08-18(3), 6-11-08; Ord. 10-18(l), 1-13-10)
20B.4 PARKING
The parking, stacking and loading requirements stated in section 4.12 of this chapter shall apply in
the DCD, subject also to the following:
A. No maximum number of spaces. Notwithstanding section 4.12.4(a), there shall be no
limitation on the maximum number of parking spaces that may be provided.
B. Minimum number of parking spaces. Notwithstanding sections 4.12.6 and 4.12.7, except
when shared parking is approved as provided in subsection 20BA(C) below, the following
schedule shall apply to determine the minimum number of off-street parking spaces required
to be provided:
1. Residential uses: One (1) space for each dwelling unit having one (1) bedroom; two (2)
spaces for each dwelling unit having two (2) or more bedrooms.
2. Non-residential uses: For all non-residential uses other than convalescent homes and
nursing homes, one (1) space per one thousand (1,000) square feet of net floor area. For
convalescent homes and nursing homes, one (1) space per each five (5) bedrooms plus
one (1) space per employee per shift, or as otherwise provided in a parking study
submitted by the applicant and reviewed and approved by the zoning administrator. For
the purposes of this subsection, "net floor area" shall be deemed to be: (a) eighty (80)
percent of the gross floor area; or (b) at the request of the applicant, the actual floor area
as shown on floor plans submitted by the applicant, delineating the actual net floor area,
which plans shall be binding as to the maximum net floor area used.
18-2013-9
Zoning Supplement #82,12-11-13
ALBEMARLE COUNTY CODE
20B.6 OUTDOOR LIGHTING
Notwithstanding subsection 4.17.4(b)(1) of this chapter, the spillover of lighting from first -story
luminaries from non-residential uses in the DCD onto public streets and onto other non-residential
uses is permitted, provided that the Virginia Department of Transportation approves the spillover
of light onto public street rights-of-way.
(Ord. 08-18(3), 6-11-08)
2011.7 SIDEWALKS AND STREET TREES
For each development requiring approval of a site plan under section 32 of this chapter, sidewalks
and street trees in the DCD shall be provided as follows:
A. Sidewalk design. Each sidewalk proposed to be accepted for maintenance by the Virginia
Department of Transportation shall be designed and constructed according to Virginia
Department of Transportation standards or to the standards in the design standards manual,
whichever is greater. Each sidewalk proposed to be privately maintained shall be constructed
using concrete, designed so that no concentrated water flow runs over them, and otherwise
satisfy the standards in the design standards manual. Each sidewalk on Crozet Avenue, Three
Notch'd Road and the street identified in the Crozet master plan as the new Main Street shall
be at least ten (10) feet wide. All other sidewalks shall be at least eight (8) feet wide. See
Figure 9.
B. Sidewalk ownership. Each sidewalk, including street trees, proposed to be accepted for
maintenance by the Virginia Department of Transportation, shall be dedicated to public use.
Each sidewalk, including street trees, proposed to be privately maintained, shall be maintained
by the owner of the lot on which the sidewalk and street trees exist or an owners association
that is obligated to maintain the sidewalk and street trees. The agent may require that a
sidewalk proposed by the developer to be privately maintained instead be dedicated to public
use if the agent determines that the sidewalk serves a public purpose and there is a need for
the sidewalks to be publicly owned and maintained.
C. Street trees. Notwithstanding section 32.7.9.6 of this chapter, street trees shall be planted
within grates on each sidewalk or in a planting strip abutting the sidewalk, spaced at a
minimum of twenty-five (25) and a maximum of forty (40) feet on center and the distance of
each tree from the edge of the sidewalk shall be approved by the agent. Street trees shall be
selected from a current list of recommended large shade trees, subject to the approval of the
agent when site conditions warrant medium shade trees. See Figure 9.
D. Waivers./ rom sidewalk andlor street hee requirements. In accordance with the procedures
stated in subsection 20B.3(I), the agent may waive the requirements for a sidewalk and/or
street trees where the developer demonstrates that: (i) either the Virginia Department of
Transportation prohibits establishing sidewalks and/or planting street trees or existing utility
easements prohibit establishing sidewalks and/or planting street trees; (ii) there are unusual
physical conditions on the lot or an adjoining lot including, but not limited to, the location of
existing structures and parking areas, steep topography or other environmental features, the
narrowness, shallowness, size or shape of the lot, or the width or alignment of the existing
sidewalk, that make it impossible or unfeasible to provide the required sidewalk and/or street
trees as provided in subsections 20B.7(A) and (C); or (iii) the strict application of the
requirements of subsections 20B.7(A) and (C) would not further the purposes of this chapter
or the DCD or otherwise serve the public hearlth, safety, or welfare or achieve the goals
established in the comprehensive plan.
(Ord. 08-18(3), 6-11-08; Ord, 10-18(1), 1-13-10)
18-20B-11
Zoning Supplement #82, 12-11-13
ALBEMARLE COUNTY CODE
Figure 3: Building fagade breaks
10' setback from ROW
? qPv landsop- requirw-menir.-
W40
Aft
Figure 4: Stepbacks and building height
Ow
SUP 16,
mechanical
penthouse
4 D' I
'to:A
feel
,-QA 0 4or w;dth I
18-20B-13
Zoning Supplement #82,12-11-13
at least
C high
ALBEMARLE COUNTY CODE
Figure 7: Screening requirements
M* a SWULe FAMILY DETACHED
r~FAW ;
++++ et,aiiva SG
i
� 4
COMMERCIAL 4+ `
;~ V
+
Figure 8: Screening requirements
18-20B-15
Zoning Supplement 992,12-11-13
1
t'
i
�i A
COMMERCIAL
OR
'1
A 0.
1
SINGLE FAMILY
DETACHED
i �
1
a i
1
18-20B-15
Zoning Supplement 992,12-11-13