HomeMy WebLinkAboutLZC201600012 Action Letter 2016-03-25COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 229024596
Phone 434)296-5832 Fax 434 972-4126
March 25, 2016
51' Street Apartments, LLC
c/o Hunton & Williams LLP
951 East Byrd Street
Richmond, Virginia 23219
Attn: Andrew J. Tapscott, Esquire
Citizens Bank, National
Association 20 Cabot Road
Medford, MA 02155
Attn: Comm. Loan MMF 160
GRS Title Services, LLC
Riverfront Plaza, West
Tower 901 E. Byrd Street,
Suite 1100 Richmond, VA
23219
Attn: Ms. Michelle Rogers
RE: LZC201600012 for TMP07600-00-00-054A3
Tax Map Nos. 07600-00-00-054A2; 07600-00-00-054A3; 07600-00-00-054A0;
07600-00-00-055B0; 07600-00-00-055D0; 07600-00-00-05410, and;
07600-00-00-0541A, located in Albemarle County, Virginia, (the "Property")
Ladies and Gentlemen:
This letter is in response to your request for zoning verification for the above -
referenced properties (collectively, the "Property"). You have requested certain
information with respect to the use and zoning of the Property, and the Property's
compliance with applicable codes, regulations and ordinances, and, in that regard, we
advise you as of the date hereof, as follows:
5th Street Apartments, LLC,
Citizens Bank, National Assoc.,
GRS Title Services, LLC
3/25/2016
Page 2
1. The County of Albemarle, Virginia is responsible for the enforcement of building
codes, zoning ordinances, subdivision ordinances and similar codes or ordinances
related to commercial, residential and industrial development in Albemarle County.
2. The Property is zoned R10, Residential District (Tax Map Nos. 07600-00-00-
054A2; 07600-00-00-054A0; 07600-00-00-055B0; and 07600-00-00-055D0) and R2,
Residential District (Tax Map Nos. 07600-00-00-054A3; 07600-00-00-05410; and
07600-00-00-0541A) under the laws or ordinances of the County of Albemarle and is
subject to those restrictions generally applicable to those classifications. Attached
hereto is a copy of the general provisions of this jurisdiction's Zoning Ordinance (the
"Zoning Ordinance") for the R10, Residential District and the R2, Residential District
relating to the zoning and use of the Property and a copy of the zoning section sheets
indicating the current zoning classification of the Property.
3. The Property is subject to a Site Plan (SDP201500043) which is subject to
approval by the County of Albemarle Department of Community Development ("Site
Plan"). In accordance with the Site Plan, the Property may be used for a 200 unit
apartment community, which is a permitted use under the Zoning Ordinance without the
necessity of any rezoning, special exception, use permit or variance being required and
without the necessity of relying upon non -conforming use or grandfathered status.
4. No application for rezoning of the Property, or for a special or conditional use
permit or variance in connection with the Property, is now pending.
5. To the best of my knowledge, there are no zoning violations or subdivision
violations currently existing or being investigated.
6. The Property is in compliance with the Zoning Ordinance and Subdivision
Ordinance and all applicable zoning and subdivision regulations, without any variance or
subdivision approval being required.
Sin ly,
_%�
on L. Hiaains. AICP
Chef of Zoning/Deputy Zoning Administrator
Attachments:
A. Sections 18-17 (R-10 District) & 18-14 (R-2 District) of Albemarle County
Code.
B. GIS Map of zoning for the Property.
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 14
RESIDENTIAL - R-2
Sections:
14.1
INTENT, WHERE PERMITTED
14.2
PERMITTED USES
14.2.1
BY RIGHT
14.2.2
BY SPECIAL USE PERMIT
14.3
AREA AND BULK REGULATIONS
14.4
BONUS FACTORS (REFERENCE 2.4)
14.4.1
ENVIRONMENTAL STANDARDS
14.4.2
DEVELOPMENT STANDARDS
14.4.3
AFFORDABLE HOUSING
14.1 INTENT, WHERE PERMITTED
This district (hereafter referred to as R-2) is created to establish a plan implementation zone that:
-Provides a potential transition density between higher and lower density areas established through
previous development and/or zoning in community areas and the urban area; and
-Provides incentives for clustering of development and provision of locational, environmental and
development amenities.
R-2 districts may be permitted within community and urban area locations designated on the
comprehensive plan. (Amended 9-9-92)
14.2 PERMITTED USES
14.2.1 BY RIGHT
The following uses shall be permitted by right in the R-2 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)
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
Iines, 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
18-14-1
Zoning Supplement #81, 9-11-13
ALBEMARLE COUNTY CODE
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 occupations (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 5.1.7).
12. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
13. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
14. Family day homes (reference 5.1.56). (Added 9-11-13)
(§ 20-14.2.1, 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)
14.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted by special use permit in the R-2 district, subject to the
applicable requirements of this chapter: (Amended 5-5-10)
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).
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. Home occupation, Class B (reference 5.2).
18-14-2
Zoning Supplement 981, 9-11-13
ALBEMARLE COUNTY CODE
12. Churches. (Added 9-2-81)
13. Cemeteries. (Added 9-2-81)
14. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
15, Historical centers, historical center special events, historical center festivals (reference
5.1.42). (Added 6-8-05)
16. Farmers' markets (reference 5.1.47). (Added 5-5-10)
(§ 20-14.2.2, 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)
14.3 AREA AND BULK REGULATIONS
Area and bulk regulations within the R-2, Residential, district are as follows:
STANDARD LEVEL
BONUS LEVEL
CONVENTIONAL
CLUSTER
CONVENTIONAL
CLUSTER
REQUIREMENTS
DEVELOPMENT
DEVELOPMENT
DEVELOPMENT
DEVELOPMENT
Gross density
2 dulacre
2 dulacre
3 du/acre
3 dulacre
Minimum Lot Size
21,780 sq ft
14,500 sq ft
14,520 sq $.
9,700 sq ft
Minimum
frontage:
public, private
80 feet
70 feet
70 feet
65 feet
The minimum and maximum
yards, including those for garages, and minimum building separation,
shall be as provided in section 4.19.
Maximum
Structure hei t
35 feet
35 feet
35 feet
35 feet
(§ 20-14.3, 12-10-80; Ord. 08-18(4), 6-11-08; Ord. 15-18(4), 6-3-15)
14.4 BONUS FACTORS (REFERENCE 2.4)
14.4.1 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)
14.4.2 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:
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.
18-14-3
Zoning Supplement #91, 6-3-15
ALBEMARLE COUNTY CODE
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)
14.4.3 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) shaIl 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 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)
(§ 14.4.3, 12-10-80; 8-14-85; 3-5-86; Ord. 07-18(2), 10-3-07)
18-14-4
Zoning Supplement #9I, 6-3-15
ALBEMARLE COUNTY CODE
14.4.4 The cumulative effect of density factors above may not exceed fifty (50) percent. (Amended
8-14-85)
14.4.5 CLUSTER DEVELOPMENT OPTION REGULATIONS
At the option of the owner, regulations under cluster development provisions in section 14.3 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)
18-14-5
Zoning Supplement #91, 6-3-15