HomeMy WebLinkAboutLZC201700008 Correspondence 2017-02-15COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
February 14, 2017
Hirschler Fleischer
P. O. Box 500
Richmond, Virginia 23218-0500
Attn.: Deborah L. Cribb
Re: Letter of Zoning Compliance (LZC201700008)
Tax Map Parcel ID 06100-00-00-028A0,
211 Whitewood Road (the "Property")
Ladies and Gentlemen:
In response to your letter of January 24, 2017, please be advised of the following:
The Property is located within the limits of the County of Albemarle, Virginia.
2. The Property is zoned PRD Planned Development Residential and is subject only to the
use restrictions generally applicable to that classification which are contained in the
County of Albemarle Zoning Ordinance (the "Zoning Ordinance"). Copies of the
sections of the Zoning Ordinance applicable to the Property and existing buildings
(including setback and height and bulk requirements) are enclosed.
3. The use as a multi -family residential use with no more than 96 dwelling units, and other
uses customarily accessory and incidental thereto, is permitted without the necessity of
any rezoning, special exception, use permit or variance.
4. The current zoning setback requirements are:
Front - 5 feet minimum.
Rear - 20 feet.
Side- 10 feet of building separation.
Setbacks are measured from the existing right-of-way or property lines. For the front
setback, if the sidewalk is outside the right-of-way, the setback is measured from the
exterior edge of the sidewalk.
Hirschler Fleischer
February 15, 2017
Page 2
6. The required number of parking spaces for the Property are:
134 Regular
11 Handicapped
145 Total
7. Ingress and egress to and from the Property is to and from publicly dedicated roadways.
8. 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.
9. The Property is recognized as a separate parcel of land under the subdivision ordinance of
the County of Albemarle. The Property may be conveyed, leased or mortgaged as a
separate parcel and the Property currently complies with such subdivision ordinance and
other applicable subdivision laws. The Property is not subject to any conditions or
special limitations imposed by the County of Albemarle in connection with any
subdivision approval of the Property.
10. Copies of any applicable records may be obtained from this office with a request through
the department's Records Manager, Paul Bjornsen, at pbjomsenkalbemarle.or�4 once
they have been approved or issued.
11. The extent of damage that can be sustained by the Property which can be repaired without
having to bring any nonconforming uses which may exist up to Code is governed by
Albemarle County Code Chapter 18, Section 6. A copy of that section of the County of
Albemarle Zoning Ordinance is enclosed. The Zoning Ordinance can be obtained online
at www.albemarle.orq/countycode. See reference above for Chapter and Sections.
12. The Property is currently in compliance with the Zoning Ordinance and any applicable
proffers or conditions, including but not limited to all regulations regarding setbacks,
dedications, parking and height.
13. This department has no record of any open/pending zoning or building violations with
respect to the Property, and the undersigned is unaware of any violations of the applicable
portions of the Zoning Ordinance.
If you have a ons or need further assistance, please contact me.
Sincerely,
naI L. ggin�P
Chief of Zoning/Deputy Zoning Administrator
Attachments: Copies of applicable sections of Zoning Ordinance
Zoning section GIS Map
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 characteristics 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 lines,
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 10-13-04)
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 4.10, 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.
Q 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.
Q 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
61
4CMD co
C J
W V j 04 V �LZ'L9•
N'N
c�c Co40Tt V N� N
�.�►G .� !-'� b.�D '1^' N.i O� N
J c
W G O rD�41 N 00 IOW +71 _ O�
Q—r+
NcoO
p, N�
4Jww .,F.'+
-sj—N7, � /
.0
N W j �— W+
+'O O
j 4 +.,\
A � ..�0 �►. � V1 N
Tj YAP! D ' +LL
N
a
So
m n'
N ,a 2
j J 0)
ddv WA—!w Dw`N DNw >Iw w
O..00 O.
3F 3$$. , ]p3.p $' L'a Y'o�mcea.o•o^®pu; o r
CD
s :Y«aA a aF 3 ggdCL
S g A C
UH
5` 3
3
3