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ORDINANCE UPDATES: OVERVIEW

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Updating the TND ordinance to the best standards.

In order to execute on our master plan vision, we have requested a series of text changes and additions to the Botetourt County TND Ordinance. We believe each change is necessary for the success of Harvest at Blue Ridge, but will also help guide the ordinance toward the vision for Traditional Neighborhoods outlined in the County’s comprehensive plan. The changes also bring the ordinance up to date and in line with other localities containing successful TNDs. Having a Traditional Neighborhood Development ordinance in our county allows for the county to experiment with unconventional and emerging neighborhood standards, while limiting the impact from affecting ordinary residential areas county-wide.

COTTAGE DWELLINGS

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Housing options increase the potential of home ownership and strengthen neighborhoods.

We hope for Harvest at Blue Ridge to feel like an organically grown neighborhood with wide variety of housing options. Unfortunately, the current zoning ordinance restricts variety within TNDs by limiting all single-family detached dwellings to one categorization. The achievable single-family detached housing, as a result, tends to materialize as something closer to suburban tract housing, rather than a natural feeling neighborhood. Our new classification will allow us to expand our type of housing options within the core area of the neighborhood - including new cottage, pocket court cottage, and cottage loft configurations (seen below). Concerns about smaller lots county-wide about smaller lots will be mitigated, as this designation would only be limited to use in a TND, concerns from neighbors about small lots next door are mitigated by limiting the use only to a core area, and concerns that TND core areas will only be small lots are mitigated by the percentage limitation and by current TND density regulations.

COTTAGE

  • Smaller single family detached dwellings

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  • Cottages increase affordability of single-family dwellings, encouraging ownership

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  • Maximizes use of space within the Core area, helping to eliminate residual, unused spaces.

TEXT ADDITIONS REQUESTED
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Sec 25-601

Definitions.

 

Addition of “Dwelling, Cottage” definition

  • Dwelling, cottage: a dwelling which otherwise meets the definition of a single-family detached dwelling but is of a more appropriate scale for empty-nesters and workforce housing, the specifications of which being defined in Section 25-206. To be located within the core area of a Traditional Neighborhood Development for the purpose of promoting variety within the neighborhood.

Sec 25 - 206 (b)

Residential lot and building requirements. Minimum lot area

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Addition of minimum lot area for “Dwelling, cottage” in a TND

  • Dwelling, cottage

    • One thousand (1,000) square feet

Sec 25 - 206 (e)

Residential lot and building requirements. Required yards for residential uses.

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Addition of setback requirements for “Dwelling, cottage” in a TND

  • 1. Front

  • Dwelling, cottage

    • Minimum: Zero (0) feet

    • Maximum: Fifteen (15) feet ​​

  • 2. Side

  • Dwelling, cottage

    • Minimum: Five (5) feet

    • Maximum: None

  • 3. Rear

  • Dwelling, cottage

    • Minimum: Six (6) feet

    • Maximum: None 

Sec 25 - 204 (a)

Permitted uses. Core area

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Addition of Dwelling, Cottage as a permitted use within a TND’s Core area, with percentage limitation

  • Dwelling, cottage (maximum of ten (10) percent of total parcels)

Sec 25 206 (c)

Residential lot and building requirements. Minimum lot width

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Addition of minimum lot width for “Dwelling, cottage” in a TND

  • Dwelling, cottage

    • Twenty-four (24) feet

PARK-FRONTED DWELLINGS

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An alternative to the typical suburban streetscape.

This is a clarification of code to allow houses to be accessed vehicularly by a rear alley alone. This will allow for certain homes in the neighborhood to front on amenities, like shared yards and courts. Homes fronted on pocket courts and parks give buyers a pleasant front porch experience while limiting the amount of yard work the homeowner needs to do. Thus, these types of homes are extremely popular with seniors. The change also allows for appealing streetscapes and pedestrian walkways - rather than sidewalks being the only means for pedestrian travel.

 

Any home for which this applies, as well as the neighborhood generally, will be applicable to county employee review before rezoning – as required by the TND ordinance. This means Harvest at Blue Ridge, and any potential TND in the future, must work with emergency services to ensure proper access to all lots.

PARK-FRONTED DWELLINGS

  • Parcels fronted on shared spaces rather than streets

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  • Accessed vehicularly by rear alley

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  • Creates a vastly more appealing front-porch experience than traditional street fronted parcels

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  • Increased socialization amongst neighbors

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  • Creates a more interesting and beautiful walking experience than roadside sidewalks

TEXT ADDITIONS REQUESTED
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Sec 25-210

Streets, alleys, paths, blocks, and parking.

 

Addition of new subsection defining alleyways and their allowable use

  • (h) Alleys

    • Private alleys, subject to the ​dimensional requirements of subsection (d) of this chapter, and which are approved by the board as part of the Development Plan approval, shall not require sidewalks, may be used in the Core, Edge, or Workplace Zones, and may be utilized as the primary access for lots which front on parks or plazas.

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RESIDENTIAL LOT REQUIREMENTS

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More choice and more beautiful streetscapes.

At Daleville Town Center, starter and move-up housing options sit on large lots. The spacing between the houses works against the TND ordinance’s purpose of creating streetscapes framed by buildings. Sides of dwellings, usually bare and unappealing, are made more prominent by the wide spacing the current code requirements. By amending the lot and building requirements to the above standards, we can achieve a more organic looking neighborhood and situate the range of housing options on appropriately sized lots.

UNDER CURRENT CODE

  • Housing types are heavily segmented

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  • Density is prioritized in the Core areas, limiting single-family detached structures to the Edge area

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  • Starter and move-up housing sit on lots the same size as executive housing, resulting in awkward spacing between houses

TEXT CHANGES REQUESTED
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Sec 25-206 (a)

Residential lot and building requirements. Minimum lot size

 

Changes to minimum lot sizes allowed in TNDs

  • Single-family detached dwellings:

    • Current language: Six thousand (6,000) square feet

    • Proposed language: Four thousand (4,000) square feet. 

  • Duplex dwellings:

    • Current language: Nine thousand five hundred (9,500) square feet.

    • Proposed language: Forty-four hundred (4,400) square feet. 

  • Single-family attached dwellings:

    • Current language: One thousand six hundred (1,600) square feet.

    • Proposed language: Twelve hundred eighty (1,280) square feet.

Sec 25- 206 (d)

Residential lot and building requirements. Maximum lot coverage

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Changes to maximum lot coverage in TNDs.

  • Current language: Single-family detached, duplex and single-family attached dwelling units: 

    • Seventy-five (75) percent.

  • Proposed language: Single-family detached, duplex, single-family attached, and cottage dwellings:

    • Eighty (80) percent​

Sec 25- 206 (c)

Residential lot and building requirements. Minimum lot width

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Changes to minimum lot widths in TNDs

  • Single-family detached dwellings: 

    • Current language: Sixty (60) feet

    • Proposed language: Forty (40) feet.

  • Duplex dwellings: 

    • Current language: Ninety (90) feet.

    • Proposed language: Forty-four (44) feet.

  • Single-family attached dwellings: 

    • Current language: Eighteen (18) feet

    • Proposed language: Sixteen (16) feet.

  • Multi-family structures:

    • Current language: Ninety (90) feet.

    • Proposed language: Seventy-two (72) feet.

Sec 25- 206 (e)

Residential lot and building requirements. Required yards for residential uses.

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Changes to setback requirements in TNDs.

  • 3. Rear.

    • Single-family detached and duplex dwellings:

      • Current language: Minimum: Twenty-five (25) feet.

      • Proposed language: Minimum: Six (6) feet.

    • Single-family attached and multi-family dwellings:

      • Current language: Minimum: Twenty-five (25) feet.

      • Proposed language: Minimum: Six (6) feet.

COMMERCIAL LOT REQUIREMENTS

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Commercial, built to a neighborhood scale.

These changes are intended to ensure appropriately-scaled commercial options for a TND. We believe that commercial options in our neighborhood shouldn’t be limited to large, subdivided buildings. Instead, we envision a mix of larger, mixed use buildings and small, specialized shops (such as barbershops, coffee shops, or boutique retailers) on appropriately-sized lots – like you would find in Fincastle or Buchanan. 

UNDER CURRENT CODE

  • Retail is limited to subdivided large buildings, and adjacent parcels zoned for normal business

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  • Requires expensive buildout - limiting potential small business tenants

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  • Not reflective of a small neighborhood

TEXT CHANGES REQUESTED
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Sec 25-207 (b)

Commercial and industrial lot and building requirements. Minimum lot areas for commercial uses

 

Changes to minimum commercial lot area in TNDs

  • Current language: Commercial Lots: 

    • Eight thousand five hundred (8,500) square feet.

  • Proposed language: Commercial lots: 

    • One thousand (1,000) square feet.

Sec 25 - 207 (e)

Commercial and industrial lot and building requirements. Required yards for commercial uses

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Changes to required yards for commercial uses.

  • 3. Rear.

    • Existing language: Thirty-five (35) feet when served by a rear alley; no rear setback required when the rear of the lot also functions as a primary access for pedestrian traffic

    • Proposed language: Minimum: Six (6) feet.

 

  • 4. Accessory buildings. 

    • Existing language: Not closer than ten (10) feet to a side or rear lot line; not permitted in front yards

    • Proposed language: Six (6) feet from a side or rear lot line; not permitted in front yards.

Sec 25 - 207 (c)

Commercial and industrial lot and building requirements. Minimum lot width

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Changes to minimum commercial lot width in TNDs

  • Current Language: Commercial lots:

    • Seventy (70) feet at the minimum front setback line.

  • Proposed Language: Commercial lots:

    • Twenty (20) feet at the minimum front setback line. 

ADU & GARAGE REQUIREMENTS

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A solution for workforce housing

We hope for Harvest at Blue Ridge to offer Accesory Dwelling Units, both as a workforce housing solution and as a way for new home buyers to have an additional source of revenue to mitigate mortgage costs. By reducing the required lot square footage, we can ensure this as an option for more homeowners in the neighborhood. Additionally, we’d like to encourage garages and ADUs further toward the rear alleys, rather than building them attached to the principle structure (which requires longer driveways and cuts into rear yard square footage.) The language as it’s currently written encourages garages and potential ADUs to be build attached to the primary structure. By eliminating the distinction between the two, we can encourage ADUs and garages to be built closer to the alleyways. Current language which limits ADUs to a maximum of 1,000 square feet and requiring one off street parking spot per ADU remain unchanged.

UNDER CURRENT CODE

  • Garages at Daleville Town Center are exclusively built attached to the principal dwellings

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  • No ADUs have been built at Daleville Town Center because of lot requirements

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  • Large areas of backyards are consumed by driveway

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  • Rear alleyways lack character and back yards are under utilized

TEXT CHANGES REQUESTED
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Sec 25-431 (e)

Accessory uses and structures; parcel limitations. Accessory Dwellings

 

Changes to required minimum lot sizes for accessory dwelling units.

  • Current language: (3) In the PUD and TND districts, accessory dwellings are permitted provided that:

    • a. An accessory dwelling that is a detached, separate structure from the principal use may located on a parcel of no less than twenty thousand (20,000) square feet, and no more than one (1) accessory dwelling is permitted per parcel, in addition to the principal dwelling

    • b. An accessory dwelling that is contained within the principal structure may located on a parcel of no less than ten thousand (10,000) square feet, and no more than one (1) accessory dwelling is permitted per parcel, in addition to the principal dwelling.

  • Proposed language: (3) In the PUD and TND districts, accessory dwellings are permitted provided that:

    • a. An accessory dwelling, whether a detached, separate structure from the principal use or contained within the principal structure, may be located on a parcel of no less than five thousand (5,000) square feet, and no more than one (1) accessory dwelling is permitted per parcel, in addition to the principal dwelling.

MISCELLANEOUS

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Clean-up and clarifications.

Our remaining text updates serve as clarifications of current code to help meet the spirit of the TND ordinance. 

TEXT CHANGES REQUESTED
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Sec 25-204 (a)

Permitted Uses. Core area

 

Change which allows R4 to be a permitted use within the core area of TNDs .

  •  Current language: All permitted residential and civic uses of the R-1, R-2, and R-3 districts, except home agriculture

  • Proposed language: All permitted residential and civic uses of the R-1, R-2, R-3, and R-4 districts, except home agriculture 

Sec 25- 206 (j)

Residential lot and building requirements.

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Addition ensuring that covered, unenclosed porches, as well as other items outlined in Sec 25-431(h)(2) can encroach into required yards in TNDs

  • Within an approved TND district, encroachments will be allowed in required yards according to Sec 25-431 (h)(2) in addition to:

    • Covered, unenclosed entry porches

    • Eaves

    • Steps

    • Stoops

    • Enclosed garbage can corals

    • Rain barrels

    • Gutters

Sec 25-211 (h)

Property owners association

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Change clarifying that property owners association shall be established at time of subdivision of parcels, rather than at rezoning

  • Current language: A property owners association shall be established at the time of zoning for the approval of a TND. All foundation documents for the POA shall be subject to approval of the county and at minimum shall provide for:

    • (a) Design guidelines and procedures for review and approval of structures and site plans.

  • Proposed language: The foundation documents for a property owners association shall be submitted at the time of zoning for the approval of a TND. The POA shall be established upon the approval of the first subdivision of parcels within the TND. Such foundation documents shall be subject to the approval of the county and at minimum shall provide for:

    • (a)  Design guidelines and procedures for a review and approval of structures and site plans.

Sec 25- 206 (i)

Residential lot and building requirements.

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Addition clarifying that single-family attached density calculations are done without regard to other uses in same area used for calculation

  • The calculation of permitted density of single-family attached units shall be made without regard to other uses on the same parcels

Sec 25-431 (h)

Parcel limitations. Permitted structures in required yards

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Change ensuring that covered, unenclosed porches in TNDs may encroach into a required yard in a similar manner that an uncovered, unenclosed porch may.

  • c. The following structures shall not be permitted to encroach or project into any yard

    • Current language: 1. Covered entry porches, enclosed or unenclosed

    • Proposed language: 1. Covered entry porches, enclosed or unenclosed, except within a TND, pursuant to Sec 25-206 (j)

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