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Home My WebLink AboutZMA199900014 Proffers Zoning Map Amendment 2000-01-25Date: 1/21/2000 Original Proffer Amended Proffer (Amendment # ) ZMA # 99-14 Tax Map Parcel(s) # 61-36 & 61-36A1 1.23 Acres to be rezoned from R-4 to R-10 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 proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. (1) If the property is not used for professional offices as authorized by a special use permit pursuant to section 17.2.2.11 of the Zoning Ordinance, then the uses of the property shall be limited to those identified in section 15.2.1 of the Zoning Ordinance, and the property shall also be subject to the requirements of sections 15.3, 15.4, 15.5, 15.6, and 15.7 of the Zoning Ordinance. The referenced provisions of the Zoning Ordinance shall be those in effect on February 9, 2000, copies of which are attached hereto. Sig , atures of All Owners M Signature of Attorney -in -Fact (Attach Proper Power of Attorney) PROFFORM.WPD Rev. December 1994 Leonard Mailloux Printed Names of All Owners Grace Mailloux Printed Name of Attorney -in -Fact Date JAN 2 1 2000 PLANNING AND COMMUNITY DEVELOPMENT ALBEiI'IARLE COUNTY CODE 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 10. Hospitals. 11. Home occupation, Class B (reference 5.2). 12. Churches. (Added 9-2-81) 13. Cemeteries. (Added 9-2-81) 14. Mobile home parks (reference 5.3). (Added 3-5-86) 15.3 AREA AND BULK REGULATIONS (Amended 3-18-81) AREA AND BULK REGULATIONS 15.4 BONUS FACTORS (REFERENCE 2.4) 15.4.1 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 8-14-85; 9-9-92) 18-15-3 Zoning Supplement #3, 2-6-99 ALBEMARLE COUNTY CODE 15.4.2 DEVELOPMENT STANDARDS 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 fmal approval. Forprovision 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) 15.4.3 LOW AND MODERATE COST HOUSING For provision of low or moderate cost housing units as follows, a density increase of thirty (30) percent shall be granted: a. At least thirty (30) percent of the number of units achievable under gross density -standard level shall be developed as low or moderate cost units; and b. The initial sale price for sale units or the rental rate for a period of five (5) years for rental units shall qualify as low or moderate cost housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development Section 8; and c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the low or moderate cost units for a period of five (5) years or until the units are sold as low or moderate cost units whichever comes first; and d. If sale units, the developer shall provide the director of planning and community development with confirmation of the initial sale price for the low or moderate cost units prior to the issuance of building permits for the bonus units; (Amended 8-14-85) e. Mobile homes for rent in an approved mobile home park shall be considered rental units under this section provided they qualify as low or moderate cost housing under the Housing and Urban Development Section 8 program; (Added 3-5-86) f. Mobile home lots for rent in an approved mobile home park shall qualify for this bonus provided the developer shall enter into an agreement with the County of Albemarle that the lots shall be available for rent to mobile home owners for a period of five (5) years; (Added 3- 5-86) g. Mobile home lots for sale in an approved mobile home subdivision shall qualify for this bonus provided the developer shall restrict the use of the lots to mobile homes or other low or moderate cost housing for a period of five (5) years. (Added 3-5-86) 15.4.4 The cumulative effect of density factors above may not exceed fifty (50) percent (Amended 8-14-85) 18-15-4 Zoning Supplement #3, 2-6-99 ALBEMARLE COUNTY CODE 15.5 CLUSTER DEVELOPMENT OPTION REGULATIONS At the option of the owner, regulations under cluster development provisions in section 15.3 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) 15.6 BUILDING SEPARATION In any case in which there is more than one main structure on any parcel, there shall be a minimum of thirty (30) feet between such structures except as otherwise provided in section 4.11.3. This provision shall not apply to structures built to a common wall. (Added 1-1-83) (Amended 8-14-85) 15.7 RECREATIONAL AREA REQUIREMENTS See section 4.16 for recreation requirements. (Amended 3-5-86) 18-15-5 ALLLS C[ YIAAL.F, t.,V tJ! r I I t-. t/IlG 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 5.1.06). S. Mobile home subdivisions (reference 5.5). 9. Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13). 10. Hospitals. 11. Professional offices. 12. Retail stores and shops on a single floor, compatible with the residential characteristics of the district, with a gross floor area not exceeding four thousand (4,000) square feet. 13. Home occupation, Class B (reference 5.2). 14. Churches. (Added 9-2-81) 15. Cemeteries. (Added 9-2-81) 16. Parking structures located wholly or partly above grade. (Added 11-7-84) 17. Mobile home parks (reference 5.3). (Added 3-5-86) 17.3 AREA AND BULK REGULATIONS AREA AND BULK REGULATIONS STANDARD LEVEL BONUS LEVEL CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT Gross density 10 du/acre IO du/acre 15 du/acre 15du/acre Minimum Lot Size (Added 7-17-85) 4,356 sq ft N/A 2,904 sq ft. N/A Yards, minimum: Front 25 feet 25 feet 25 feet 25 feet Side") 15 feet 15 feet 15 feet 15 feet Rear 20 feet 20 feet 20 feet 20 feet (a) Minimum side yards shall be reduced to not less than (10) feet in accordance with section 4.11.3. Maximum Structure height 65 feet 65 feet 65 feet 65 feet 17.4 BONUS FACTORS (REFERENCE 2.4) (Amended 8-14-85) 17.4.1 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. 18-17-3 Zoning Supplement #3, 2-26-99