DRRC 04-25-13 Meeting Agenda2
Item #1: TDR Density Table Revisions
In January 2013 the Board of Supervisors approved a number of revisions to the RP (Residential
Performance) Zoning District. One of the revisions was a change to the allowed density. The
currently adopted Transfer of Development Rights (TDR) density table was based on the previous
RP Density table and, therefore, needs to be updated.
Staff has revised the TDR table to follow the same format as the adopted RP Density table. Changes
include:
• Incorporating the RP density requirements (based on housing types and parcel size).
• Increasing the RP allowable density using TDR’s.
• Changing the RA (Rural Areas) permitted maximum density using TDR’s to be consistent
with the maximum RP density using TDR’s.
The adopted RP Density table has been included for reference.
If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachment: 1. Proposed Revision (deletions shown in strikethrough and additions shown
in bold underlined italics).
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ARTICLE III
Transfer of Development Rights (TDR) Program
Part 302 – Sending and Receiving Properties
§165-302.03. Calculation of development rights.
H. A sending property transferee may extinguish TDR density rights, sever and hold TDR density rights,
sever and sell TDR density rights, or apply TDR rights to a receiving property in a receiving district in
order to obtain approval for development at a density greater than would otherwise be allowed on the
land in the receiving district, up to the maximum density or intensity outlined in the table below:
Table 1
Maximum Density Allowed in Zoning Districts through Transfer of
Development Rights (TDR) Program
Zoning District
And Land Use
Property
Size
In Acres
Maximum
Density in
Dwelling
Units per Acre
Without TDRs
Maximum Density in
Dwelling Units per Acre with TDR
Transfers
RA
(Rural Areas)
*Density by parcel size for all other housing
types and developments with mixed housing
types)
*See § 165-402.05 for maximum percentage
of multifamily housing
RA
Receiving
Property
0-10
10.1-25
25.1 -50
50.1 +
1 Unit Per 5
Acres
Maximum Density allowed in the
RP District within the UDA per § 165-
402.05
15
10
10
10
RA
(Rural Areas)
Multifamily Residential Buildings & Age
Restricted Multifamily
Garden Apartments
Townhouse (single family attached)
RA
Receiving
Property
1 Unit Per 5
Acres
24
15
15
RA
(Rural Areas)
*For Designated Rural Community Centers
RA
Receiving
Property
1 Unit Per 5
Acres
1 Unit Per Acre in Designated Rural
Community Centers served by
Community Septic Systems
RP
(Residential Performance)
*Density by parcel size for all other housing
types and developments with mixed housing
types)
*See § 165-402.05 for maximum percentage
of multifamily housing
<10
10-100
>100
0-10
10.1-25
25.1 -50
50.1 +
10
5.5
4
10
6
6
6
15
8
6
15
10
10
10
RP
(Residential Performance)
4
Multifamily Residential Buildings & Age
Restricted Multifamily
Garden Apartments
Townhouse (single family attached)
N/A 20
10
10
24
15
15
R4
(Residential Planned Communtiy)
>100
4
6 10
Adopted RP Table for reference:
Density by Land Use Density (Units/Acre) Maximum Percentage of
Multifamily Housing
Multifamily Residential Buildings and Age
Restricted Multifamily (excluding garden
apartments)
20 Units/Acre 100%
Garden Apartments 10 Units/Acre 100%
Townhouse (single family attached) 10 Units/Acre N/A
Density by Parcel Size
(for all other housing types and
development with mixed housing types)
Density (Units/Acre) Maximum Percentage of
Multifamily Housing
0-10 acres 10 Units/Acre 100%
10.1-25 acres 6 Units/Acre 100%
25.1 -50 acres 6 Units/Acre 60% 75%
50.1 + acres 6 Units/Acre 50%
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Item #2: MEDCottages Addition
Staff has prepared a revision to the Zoning to include temporary family health care structure
(MedCottages – aka granny pods) as a permitted use in the following Zoning Districts:
• RA (Rural Areas)
• RP (Residential Performance)
• R5 (Residential Recreational)
• R4 (Residential Planned Community)
The Code of Virginia requires localities to allow these dwelling units as a permitted accessory
use in residential zoning districts. Staff has added temporary family health care structure as a
permitted use in the above districts and has drafted a number of supplementary use regulations
that regulate the use. The supplemental regulations are consistent with the State Code.
If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachment: 1. Proposed Revision (changes shown in bold underlined italics).
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ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101 – General Provisions
§ 165-101.02 Definitions & word usage.
CAREGIVER - An adult who provides care for a mentally or physically impaired person within the
Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to or the legally
appointed guardian of the mentally or physically impaired person for whom he is caring.
MENTALLY OR PHYSICALLY IMPAIRED PERSON - A person who is a resident of Virginia and who
requires assistance with two or more activities of daily living, as defined in § 63.2-2200, as certified in
a writing provided by a physician licensed by the Commonwealth.
TEMPORARY FAMILY HEALTH CARE STRUCTURE - A transportable residential structure, providing an
environment facilitating a caregiver's provision of care for a mentally or physically impaired person,
that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one
occupant who shall be the mentally or physically impaired person, (iii) has no more than 300 gross
square feet, and (iv) complies with applicable provisions of the Industrialized Building Safety Law (§
36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). Placing the temporary family
health care structure on a permanent foundation shall not be required or permitted.
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 204 – Additional Regulations for Specific Uses
§ 165-204.27. Temporary family health care structures.
Where allowed, temporary family health care structure, shall meet the following requirements:
A. No temporary family health care structure shall be installed without first obtaining a permit. The
permit holder shall provide the County with evidence of compliance on an annual basis as long as
the temporary family health care structure remains on the property;
B. Only one temporary family health care structure shall be placed on a lot or parcel of land. Such
structure shall meet the primary setbacks for the applicable Zoning District;
C. Any temporary family health care structure shall connect to the water, sewer, and electric utilities
serving the primary residence on the property and shall comply with all applicable requirements of
the Virginia Department of Health;
D. No signage advertising or otherwise promoting the existence of the temporary family health care
structure shall be permitted either on the exterior of the structure or elsewhere on the property;
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E. Any temporary family health care structure shall be removed within 30 days in which the mentally
or physically impaired person is no longer receiving or is no longer in need of the assistance
provided by the structure;
F. The Zoning Administrator may revoke the permit granted pursuant to subsection A above if the
permit holder violates any provision of this section or the Code of Virginia.
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401 – RA Rural Areas District
§ 165-401.02 Permitted uses.
Structures and land shall be used for one of the following uses:
DD. Temporary family health care structure.
Part 402 – RP Residential Performance District
§ 165-402.02 Permitted uses.
A. All uses shall be developed in accordance with an approved master development plan unless
otherwise waived under Article VIII of this chapter.
B. Structures and land shall be used for one of the following uses:
(15) Temporary family health care structure.
*By adding temporary family health care structure as a permitted use in the RP District it is also
automatically a permitted use in the R4 and R5 Districts