HomeMy WebLinkAboutLZC201600033 Correspondence 2016-10-05COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 4, 2016
Stone Creek Limited Partnership
c/o Hirschler Fleischer
P. O. Box 500
Richmond, VA 23218-0500
Attn: Ms. Penny Giles
RE: Stone Creek Village Apartments
Tax Map Parcel Number 09 1 00-00-00-002CO
1395 Stone Creek Point, Charlottesville, VA 22902 (the "Property")
Dear, Ms. Giles:
In response to your request for a Letter of Zoning Compliance for the Stone
Creek Village Apartments Property, referenced above, please note the following:
The Property, on which the Stone Creek Apartments are constructed, is
zoned PRD, Planned Residential Development and subject to the use
restrictions applicable to that district as contained in the County of
Albemarle Zoning Ordinance. The use of the Property for multi -family
rental housing is a use permitted by -right in the PRD zoning district
without the necessity of obtaining a conditional or special use permit,
variance, or other legislative approval (see attached copies of the PRD
section of the Zoning Ordinance).
• The Property was rezoned from R-1 Residential to Planned Residential
Development by the Albemarle County Board of Supervisors on
September 20, 2000 (ZMA1999-010) and is subject to the proffers
attached to the enclosed approval letter, dated September 28, 2000.
■ A site Development Plan (SDP200100020) was approved October 18,
2001 for 264 dwelling units with 512 parking spaces to serve the complex.
There have been various amendments to the site plan approved, resulting
in the present development.
Stone Creek Limited Partnership
October 4, 2016
Page 2
■ A site inspection has been made and the Property is in compliance with
the approved site plans and amendments, including height, parking,
setbacks and access requirements and other local zoning ordinance
requirements.
There are no pending changes in zoning and, to the best of my
knowledge, no current violations pending.
* If all or any portion of the buildings located on the Property are destroyed
they can be rebuilt to the previously existing size and shape on the same
location with no loss in dwelling units.
■ A review of records maintained by this department found no building code
violations and the Property, to the best of my knowledge, is currently in
compliance with building code ordinances.
■ The Property is recognized as one separate parcel of land which may be
conveyed, leased or mortgaged as a separate parcel. The property
currently complies with applicable subdivision laws.
■ Copies of any applicable records may be obtained from this office with a
request through the department's Records Manager, Paul Bjornsen, at
pbiornsen@albemarle.org once they have been approved or issued.
Please contact me ' have questions or require further information.
Sincerel ,
Ron . Higgins, ICP
Chief of Zoning/Deputy Zoning Administrator
Attachments:
-Albemarle County, VA, Zoning Ordinance PRD section.
-September 28, 2000 approval letter for ZMA1999-010 (with attachments).
-Zoning Map of the Property and adjacent parcels.
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 SETBACKS
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 cliaractenstics 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 #91, 6-3-15
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 Rivanna 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 #91, 6-3-15
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 Iines,
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 I 0-13-04)
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.
(§ 20-19.4, 12-10-80)
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)
18-19-3
Zoning Supplement #91, 6-3-15
19.6.2 RECREATIONAL AREA REQUIREMENTS
See section 4.16 for recreation requirements. (Amended 3-5-86)
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. lu, structures may be erected to a height not to exceed sixty-five
(65) feet. The minimum stepback requirements for any structure exceeding forty (40) feet or three (3)
stories, whichever is less, in height shall be as provided in section 4.19.
(§ 20-19.7, 12-10-80; 9-9-92; Ord. 15-18(4), 6-3-15)
19.8 BUILDING SEPARATION
The minimum building separation shall be as provided in section 4.19.
(§ 20-19.8, 12-10-80; 1-1-83; Ord. 15-18(4), 6-3-15)
19.9 SETBACKS
The minimum and maximum yards, including those for garages, shall be as provided in section 4.19.
(§ 20-19.9, 12-10-80; Ord. 15-18(4), 6-3-15)
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.
(§ 20-19.10, 12-10-80)
19.11 SIGN REGULATIONS
Sign regulations shall be as prescribed in section 4.15.
(§ 20-19.11, 12-10-80)
18-19-4
Zoning Supplement #91, 6-3-15
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 219
Charlottesville, Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 - 4012
September 28, 2000
Denise LaCour
P O Box 744
Charlottesville, VA 22902
RE: ZMA-99-10 Creekside, Tax Map 91, Parcel 2C
Dear Ms. LaCour:
The Albemarle County Board of Supervisors, at its meeting on September 20, 2000,
unanimously approved the above -noted request, Please note that this approval is subject to the
attached proffers.
If you have any questions, please do not hesitate to contact me,
Sincerely,
a.Wfqayne ' imberg
Director o canning & omr
I VWCljcf
Culley .lack Kelsey Bob Ball
ar Steve Allshouse
mill'd�3s�P1:Tn�-�ES_L:L•-T--+.f��
�-
PROFFER FORM
Date; September 20, 2000
ZMA # 99-010
Tax Map and Parcel Number(s) 91-2C
Original Proffer
Amended Proffer _
(Amendment #
22.104 Acres to be rezoned from R-1 to PRD
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
protlered as a part of the requested rezoning and it is agreed that; (1) the rezoning itself gives rise to the need for the
ccnditions; and (2) such conditions have a reasonable relation to the rezoning request.
(1) Development of the property shall be in general conformity with the plan entitled "Application Site PIan. The
Creekside Apartments" consisting of Sheets 1-4 dated 11-15-99. and last revised 8-15-00, herein referred to in
the Proffers as "the Application Plan".
(2) The project shall consist of a maximum of 264 multi -family dwelling units located in 12 buildings as shown on
Sheet 2 of the Application Plan. The project shall be phased, with development of six buildings in the frost
phase and six buildings in the second phase.
(3) The common open space, including but not limited to, the club house and associated amenities, the tot lots,
basketball court, walking trails, pond and woods, as shown on Sheet 2 of the Application Plan shall be owned
and maintained by the developer/owner.
(4; Driveways shall be constructed with curb and gutter as shown on Sheet 2 of the Application Plan and shall be
maintained by the developer/owner.
(5) All interior roadways shall be private roads and shall be maintained by the developer/owner.
(6) That portion of the property situated within seventy-five feet (75) from the centerline of existing Route 20
South shall be dedicated to the Virginia Department of Transportation ("VDOT"') for the intended purpose of
VDOT widening Route 20 South, lit the event that VDOT does not utilize all or a portion of this dedicated
property within ten (10) years of approval of this rezoning request, any portion of the property not so used shall
be reconveyed to the property owner at no cost to owner.
(7) In addition to the mandatory 100' stream buffer for that portion of the Moore's Creek tributary located to the
north of the proposed entrance drive as shown on Sheet 2 of the Application Plan, a voluntary 100' buffer zone
shall be established for the intermittent stream Iocated to the south of the proposed entrance drive. Said buffer
shall be measured 100 feet from the centerline of the streambed and no buildings or parking lot shall be
constructed within said buffer zone. Trees will be removed only as necessary for grading activities and
improvements shown on the approved site plan or as stipulated in the approved stormwater or mitigation plan.
(8) The trees located along the tributary to Moore's Creek and outside of the grading limits -as shown on Sheet 3 of
the Application Plan shall be preserved.
(9) Evergreen trees shall be planted beside Buildings 201, 202 and 204 and their associated parking lots as well as
along the upper half of the northern boundary of the property in general accordance with the landscaping plan
shown on Sheet 3 of the Application Plan for the express purpose of screening the development from the
adjacent community, Willow Lake.
(10) . Landscaping shall be in general accordance with Sheet 3 of the Application Plan as well as with Sheets 1-21 of
the "Slope Drawings for Creekside Apartments", prepared by Albiston Associates, Landscape Architects, dated
8-9-2000. Where conflict may exist between page I of each of the slope drawings (Slope Between Upper
Parking Area and High School; Slope Facing Route 20; Slope Along Mill Creek Road) and the subsequent
pages, page I is to be considered directive. Any modification will occur as (i) required by the Architcctural
Review Board for that portion of the property visible from Route 20 South and (ii) as may be approved with
staff approval where a better location, size or type of'species may be warranted to achieve slope stabilization,
case of maintenance or aesthetics,
d,;.reral accordance with the Alternate Grading flan dated 8-9-00 and last rev1SL:1'L o-:3-uu
and submitted herewith to the County.
Sincerely, / /
Charles W. Hurt, President
HURT INVESTMENT COMPANY
Owner
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