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HomeMy WebLinkAboutZMA199800018 Proffers Zoning Map Amendment 1998-10-17 COUNTY OF ALBEMARLE Department of Planning&Community Development 401 McIntire Road,Room 218 I' Charlottesville,Virginia 22902-4596 �?GLSQ� OArk 44% December 17, 1998 Fax(804)972 4035 t4 A A„,_ leivvtAt ,d;�la,,s ›Eakvt.etne_. Cliff Fox Foxfyre Enterprises eDGH„ 4543 Garth Road Charlottesville, VA 22901 RE: .ZMA-98-18 Waylands Grant lgs Tax Map 55, Parcels 66 and 66A Dear Mr. Fox: The Albemarle County Board of Supervisors, at its meeting on December 9, 1998, unanimously approved the above-noted request to rezone 19.20 acres from R-6, Residential to PRD, Planned Residential Development. Please note that the Board approved this as proffered, and amended by the applicant at the Board meeting on 12/9/98 (copy attached), with includes the attached General Conditions for Waylands Grant, dated 11/20/98. If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, II V. Way Cilimbe g Director of Pla ng & mmunity Development VWC/jcf ATTACHMENT Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve Allshouse 1 Proffer Statement Ba 7;lay D,lvelopment Cci p ration Robert E. Jr. and LeAnne C. Bargamin Rezoning Application ZMA 98-18 Wayland's Grant Robert E. Jr. and LeAnne Bargamin (the "Applicant") are the fee simple owners of that certain property described in rezoning application #ZMA-98-18 and is all of T'1" Map 55, parcels 66A and 66. If Applicant's rezoning application is denied, these proffers shall immediately be null and void and have no further force or effect. These proffers shall supersede all other proffers made prior to this date. (RXj �F, Plans and Illustrations. Applicant has presented as part of its Rezoning Application, an application plan entitlede �s sigg "Wayland's Grant Conceptual Plan", dated 10/20/98, revised 11/2/98, revised 11/9/98�aend tl I initialed "EKE", which is attached to these Proffers and General Conditions. Density No more than 85 dwelling units may be constructed on the Property. II. Road Improvements 2.1 Dedication. As a condition of plat approval for the subdivision, Applicant shall dedicate along the entire southern boundary of the Property, an area of land for widening State Route 691 (Jarman's Gap Road) not to exceed 30' to the centerline of the existing prescriptive easement as shown on the Conceptual Plan. Applicant and successors in title shall grant easements for temporary construction of improvements to State Route 691, as needed. 2.2 Road Improvements. Access shall be restricted to an internal public road network. As a condition of plat approval for the subdivision, Applicant shall construct as a single improvement, a 100 foot right turn lane and 100 foot taper for westbound right turn movement into the Property from State Route 691 as indicated on the Conceptual Plan. 1. Public Roads: The public streets within the neighborhood shall be at the widths shown on the Conceptual Plan and designed and constructed in accordance with the VDOT 1996 Subdivision Street Requirements. 2.3 Disposition of Dedicated Property. In the event any of the property, in Sec. 2.1 dedicated pursuant to proffer is not used for the purpose for which it is proffered, with such use being undertaken within 10 years of receipt of the property by the County, then the property shall revert to HOA. RECEIVED kinv 2.4 Inter-Parcel Access. The Applicant shall reserve a 50-foot right-of-way t r'a '?Gfurey� street to provide inter-parcel accesses to the adjoining properties, east and west of the + Planfl ii g -Pt. Property. The locations are shown on the Conceptual Plan. In the event that the area reserved for a street(s) is not used for the purpose for which it is hereby proffered within seven (7) years from the date of approval of ZMA-98-18, then such reservation shall be released and the Applicant then may use the area(s) for building lot(s) notwithstanding the density limitation contained in Article 1 above or at Applicant's option, such area may accrue to the adjoining lots. For the connection to the Gray Rock parcel to the west, the Applicant shaii construct a road meetin County rural profile standards in the r.o.w. prior to the issuance of a building permit for the 50m unit. III. Open Space 3.1 Open space for the development is shown on the Conceptual Plan as Community Open Space and Community Commons. 3.2 Within the Community Open Space, Applicant will construct a tot lot and a nature trail. The nature trail will be constructed within the stream buffer zone shown on the Conceptual Plan with the improvements for the lots adjacent to the stream buffer. If the trail is to be constructed adjacent to the stream and the stream meanders onto adjacent property, the trail may be placed on adjoining properties if the County obtains the necessary easements on those adjoining properties. The HOA will reserve the stream buffer including the nature trail for dedication to the County at such time that adjoining properties convey a greenway or similar path system to the County for continuation of the greenway on the unnamed intermittent stream which leads to the greenway along Powell's Creek 3.3 Applicant will convey in fee simple the Community Open Space and the Community Commons to the Wayland's Grant Homeowners Association ("HOA") before final bond release for public improvements for the development. IV Owners Association and Declaration of Covenants, Conditions and Restrictions 4.1 Declaration. The Applicant shall prepare and place on the Property, a Declaration of Covenants, Conditions and Restrictions (the "Declaration"). The Declaration's purpose will be to facilitate the planning and development of the Property in a unified and consistent manner. The Declaration shall set forth covenants, conditions and restrictions for private enforcement only by homeowners within the Property. A clear intent of the Declaration will be that the County of Albemarle will have no rights or obligations to enforce such covenants, conditions and restrictions. The Declaration shall not be interpreted as authorizing any relaxation of state or Albemarle County regulatory or minimum code standards, except as allowed by the regulations and/or the Albemarle County Code. 4.2 Fixed Standards. (a) The following elements of the Design Guidelines shall be referenced in the Declaration: (i) Types of materials to be used in construction of buildings; (ii) Minumum setbacks from properties adjacent to the Property, lot/building a-aa ratios, height restrictions; and (iii) Types of materials to be used and standard for landscaping. 4.3 Design Guidelines. The Design Guidelines also shall: (a) Provide the standards for development within the Property and explain how such standards are implemented; (b) Provide for creation of a Design Review Committee. (The County of Albemarle will not participate on such Design Review Committee). (c) Provide an outline of the procedures and contacts for approvals by the Design Review Committee in connection with design and construction within the Property; and (d) Include requirements for builders to install low flow showers and toilets as water conservation techniques. 4.4 Maintenance of Landscaping and Open Space. The Declaration shall provide a mechanism for establishing and maintaining landscaping and open space, within the Property, including the following: (a) The Applicant shall organize The Wayland's Grant Home Owners Association (the "HOA") as a non-stock corporation under the laws of Virginia for the care and maintenance of all such lands and improvements owned or entrusted to the HOA. (b) The Declaration's covenants, conditions and restrictions running with the land shall bind the HOA. The Applicant or such HOA shall be responsible for the perpetuation, maintenance and function of all open space areas. (c) The Applicant or such HOA shall provide a means for identifying Community Open Space as to location, size, use and control in one or more restrictive covenants, and such covenants shall set forth the method of assessment for the maintenance of such Community Open Space. The Declaration's method of identifying open space areas shall not supersede any applicable requirements to identify common areas in a site development plan or subdivision plat. (d) The Declaration shall be in full force and effect for a period of not less than twenty-five (25) years and shall be automatically extended for successive periods of twenty-five (25) years unless terminated in a manner set forth-in the Declaration. (e) The HOA shall continue in effect so as to control the availability of the facilities and land thereby provided and to maintain the open space for its intended function. Such Association shall not be dissolved nor shall such HOA dispose of any open space, by sale or otherwise, except to successor organizations conceived and organized under the same . standards and principles set forth herein for the HOA to own and maintain the open space. V. Miscellaneous. 5.1 Certificate. The undersigned, Robert E. Bargamin, Jr. and LeAnne C. Bargamin certify that they are the only owners of the Property that is the subject of this application. 5.2 The Applicant. These proffers shall run with the Property and each reference to the "Applicant" within these proffers shall include within its meaning, and shall be binding upon, Applicant's successor(s) in interest and/or the developer(s) of the Property or any portion of the Property. Barclay Development Company By: t- ✓R/f l R bert E. Bargamin, J . 21-/-7e LeAnne C. argamin ( 20 7ck41?General Conditions for Wayland's Grant1 These general conditions are a part of the Conceptual Plan dated 10/20/98 revised 11/2/98 and 11/9/98 and proffered as a part of the rezoning application for Wayland's Grant. A.) The purpose of this development is to provide a mixed-use community with opportunities for residential, office and PRD and R-6 by right uses in the Crozet Growth Area. With design features such as minimal setbacks, sidewalks, a central green, preservation of stream valleys, dedication of open space, the development is intended to accomplish in Crozet a design in keeping with the goals and objectives of the County's Comprehensive.Plan. B.) The uses allowed in the Wayland's Grant Planned Development shall be all of those uses allowed by right in the R-6 Zoning District and all of those uses allowed by right in the PRD Zoning District identified as Sections 16.2.1; 16.2.2; 19.3.1 and 19.3.2 of the Albemarle County zoning ordinance, copies of which are attached, with the restrictions as to dwelling unit types,indicated in Condition C below. Uses allowed by special use permit shall be all of those uses allowed by special use permit in the R-6 Zoning District and PRD Zoning District, with the following exceptions: 16.2.2.4 Commercial swim, golf, tennis or similar athletic facility; 16.2.2.8 Mobile Home subdivisions; 16.2.2.10. Hospitals; 16.2.2.13 Cemeteries; 16.2.2.14 Mobile Home Parks; 16.2.2.9 Rest home, nursing home convalescent home, orphanage or similar institution; 19.3.2.8 Commercial swim, golf, tennis or similar athletic facilities; 19.3.2.3 Rest home, nursing home, convalescent home, orphanage or similar institutions. Approved as a part of this development as a special use are professional offices, 2000sf each in Blocks A and B; community center; temporary sales center to convert to a residential unit or professional office; and recreational or athletic facilities for this development. C.) Uses and conditions allowed by block as shown on the Conceptual Plan;Residential types shall be limited as listed in the blocks below. 1.) Blocks A and B. Development will be in accord with the axonimetric drawing entitled "Front Block Schematic", dated "11/19/98 ", and initialed, "EKE" as to the following elements only: buildings will be aligned generally along the outside of the block in a "U" shape, facing a center'courtyard. Buildings may be single storied or multistoried with basements or half basements; pitched roofs will be provided for all structures. All other elements of the drawing are illustrations only and are not proffered. a) The following uses are allowed: Professional office: 2000sf each in Blocks A and B for T. total of 4000sf in the development, single family detached (SFD), single family attached (SFA), townhouses (TH), Multifamily (MF), community center (CC), Recreation or athletic facilities for the community (RAF), temporary sales center (TSC), condominiums (C). b) Building facades will face public streets. c) Parking shall be interior to the block, landscaped to minimize view of parking from all streets, with the exception that dwelling units on the east side of Block B may be rear loaded and dwellings on the west end of Block A may be rear loaded as governed by private driveway regulations. d) The Applicant requests a reduction in the parking requirement of 20% per the parking regulation 4.12.4 of the Albemarle County Zoning Ordinance in both Blocks A and B, 1-he streets have been designed for on-street parking which will provide parking opportunities well in %fie excess of the requested 20% reduction. e) Large variety trees, 2.5 inches in caliper, or larger, will be installed along Jarman's Gap Road at an interval of approximately every 50', as shown on the Conceptual Plan. These trees will be indicated on the site plan or subdivision plat and installed and bonded in conjunction with improvements provided for Blocks A and B. 2. Park Block. Uses: SFD, SFA, TH, TSC, CC, RAF, and Community Commons as shown on the Conceptual Plan. 3. Block C: Uses: SFD, SFA, TSC, CC, RAF. 4. Block D: Uses: SFD, SFA, TH. 5. Block F: Uses: SFD, SFA. 6. Community Open Space and Community Commons. Uses: tot lot as shown on the Conceptual Plan and in conformity with Section 4.16 of the Zoning Ordinance (Copy attached), nature trail, public utilities, storm water management devices, erosion control measures necessary for the development. 7. Additional recreational areas for this community, such as a community center and/or fitness center may be developed by the ^;:plicant or the HOA. in an area designated by the Applicant. D.) Sidewalks. Sidewalks , 4 feet wide and constructed of concrete, shall be provided along the streets and other areas shown on the Conceptual Plan. E.) Street Trees If, after consultation with the county,VDOT, and the Albemarle County Service Authority, utility location is allowed in the streets, the applicant will provide street trees roughly 50' apart in a planting strip between the back of the curb and the sidewalk. However, if negotiations are unsuccessful the applicant will construct the sidewalk adjacent to the curb and no street trees will be provided. F.) Setbacks, Maximum Height and Minimum Lot Sizes. a) The front setbacks shall be a minimum of 10'. b) On detached lots, the side yard setback for primary and secondary structures shall be a minimum of 3'. c) On attached lots, a zero side yard setback shall apply along common walls and for any accessory structures along the respective property line. d) The rear setbacks shall be a minimum of 20'. f) If and where shared driveways are constructed, the setback from the shared access easement shall be a minimum of 3'. g) Maximum height of any structure is not to exceed 45'. h) Minimum lot sizes: Minimum lot size for detached units in Blocks other than Blocks A & B shall be 4500sf; Minimum lot size for attached units in blocks other than blocks A& B shall be 2000sf; Minimum lot size in Blocks A & B shall be 1500sf. G.) BMP's. Storm water BMP's will be implemented as per the Conceptual Plan. H.) Flag lots shall be permitted. I.) Variations in site development plans and subdivision plats from approved application plans may be permitted by the director of planning and community development upon a finding that such variations are: general; keeping with the spirit and concept of the approved application plans; in accordance with the comprehensive plan; and in accordance with regulations currently in effect. Changes other than permitted herein shall be made only 111,rezoning application. ,LZIcaiv a �vulvi r c.uvZ • • • CHAPTER 18 ZONING SECTION 16 RESIDENTIAL-R-6 Sections: • 16.1 INTENT,WHERE PERMITTED • 16.2 PERMITTED USES 16.2.1 BY RIGHT 16.2.2 BY SPECIAL USE PERMIT 16.3 AREA AND BULK REGULATIONS 16.4 BONUS FACTORS(REFERENCE 2.4) 16.4.1 ENVIRONMENTAL STANDARDS 16.4.2 DEVELOPMENT STANDARDS 16.43 LOW AND MODERATE COST HOUSING 16.5 CLUSTER DEVELOPMENT OPTION REGULATIONS (Amended 8-14-85) 16.6 BUILDING SEPARATION 16.7 RECREATIONAL AREA REQUIREMENTS 16.8 HEIGHT REGULATIONS. 16.1 INTENT,WHERE PERMITTED R-6 districts are hereby created and may hereafter be established by amendment to the zoning map to provide a plan implementation zone that -Provides for compact,medium-density residential development; (Amended 9-9-92) -Permits a variety of housing types;and -Provides incentives for clustering of development and provision of locational, environmental and developmental amenities. R-6 districts may be permitted within community and urban area locations recommended for medium-density residential use in the comprehensive plan. (Amended 9-9-92) 16.2 PERMITTED USES 16.2.1 BY RIGHT - The following uses shall be permitted subject to the requirements and limitations of this ordinance: 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 • • 18-16-1 ALBEMARLE COUNTY CODE with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings such as garden apartments. 4. Cluster development of permitted residential uses. 5. 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 lot. 6. Homes for developmentally disabled persons(reference 5.1.7). 7. Boarding houses. 8. Tourist lodgings(reference 5.1.17). • 9. (Repealed 9-2-81) 10. (Repealed 9-2-81) 11. 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) 12. 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 312.5; 5.1.12).(Amended 11-1-89) 13. Temporary construction uses(reference 5.1.18). 14. Accessory uses and buildings including home occupation, Class A (reference 5.2)and storage buildings. 16.2.2 BY SPECIAL.USE PERMIT The following uses shall be-permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: 1. Community center(reference 5.1.04). • 2. Clubs, lodges,civic,fraternal,patriotic(reference 5.1.02). 3. Fire and rescue squad stations(reference 5.1.09). 4. Swim,golf,tennis or similar athletic facilities(reference 5.1.16). 5. Private schools. 18-16-2 • ALBEMARLE 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 5.1.06). 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). 12. Churches. (Added 9-2-81) - 13. Cemeteries. (Added 9-2-81) 14. Mobile Home Parks(reference 5.3). (Added 3-5-86) 16.3 AREA AND BULK REGULATIONS , AREA AND BULK REGULATIONS STANDARD LEVEL BONUS LEVEL CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT Gross density 6 du/acre 6 du/acre 9 du/acre 9du/acre Minimum Lot Size (Added 7-17-85) 7,260 sq ft N/A 4,840 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 Maximum Structure.height 35 feet 35 feet 35 feet 35 feet 16.4 BONUS FACTORS(REFERENCE 2.4) (Amended 8-14-85) /16.4.1 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) 16.4.2 DEVELOPMENT STANDARDS For dedication of land to public use not otherwise required by law, density may be increased as follows: • • 18-16-3 ALBEMARLE COUNTY CODE 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 riot exceed fifteen (15) percent. The dedication shall be accepted by the board of supervisors prior to final approval. 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) 16.43 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 (3:�') percent of the number of units achievable under gross density-standard level shall be deve:c ped 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 bee 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) 16.4.4 The cumulative effect of density factors above may not exceed fifty(50)percent(Amended 8-14- 85) 16.5 CLUSTER DEVELOPMENT OPTION REGULATIONS (Amended 8-14-85) At the option of the owner,regulations under cluster development provisions in section 16.3 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. 18-16-4 ALBEMARLE COUNTY CODE 16.6 BUILDING SEPARATION 1n 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. (Amended 1-1-83) (Amended 8-14-85) 16.7 RECREATIONAL AREA REQUIREMENTS See section 4.16 for recreation requirements. (Amended 3-5-86) 16.8 HEIGHT REGULATIONS Except as otherwise provided in section 4.10, structures may be erected to a height of thirty-five (35)feet. (Amended 9-9-92)(Amended 8-14-85) 18-16-5 — ALBEMARLE COUNTY CODE • 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 SETBACK AND YARD REGULATIONS 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 • 18-19-1 • ALBEMARLE COUNTY CODE considered to have been established as PRD districts under this ordinance and shall be so designated on the zoning map. 19.3 PERMITTED USES 19.3.1 BY RIGHT • The following uses shall be permitted subject to the requirements and limitations of this ordinance: 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). • 19.3.2 BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit,. provided that no separate application shall be required for any such use as shall be included in the original PRD rezoning petition: 1. Day care,child care or nursery facility(reference 5.1.06). 18-19-2 ALBEMARLE COUNTY CODE "• 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. Parking structures located wholly or partly above grade.(Added 11-7-84) 8. Swim,golf,tennis or similar athletic facilities(reference 5.1.1.6). (Added 9-13-89) 9. Professional offices. (Added 6-8-94) 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. 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) 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 • 18-19-3 • ALBEMARLE COUNTY CODE 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;provided that any structure exceeding thirty-five(35) feet in height shall be set back from any street right-of-way or single-family residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two(2) feet for each one(1) foot of height in excess of thirty-five(35)feet. (Amended 9-9-92) 19.8 BUILDING SEPARATION Except as otherwise provided in section 4.11.3, whether or not located Ion the same parcel, there shall be a minimum of thirty(30) feet between main structures. This provision shall not apply to structures built to a common wall. (Amended 1-1-83) 19.9 SETBACK AND YARD REGULATIONS 19.9.1 Structures to be located on the outer perimeter of a PRD district shall conform to the setback and yard regulations of the adjoining district. 19.9.2 Within the PRD district, the board of supervisors shall establish minimum setback and yard requirements at time of establishment of such district. 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. 19.11 SIGN REGULATIONS • Sign regulations shall be as prescribed in section 4.15. • 1 • • • 18-19-4 ALBEMARLE COUNTY CODE 4.16 RECREATION REGULATIONS Developed recreational area(s) shall be provided for every development of thirty (30) units or more equal to or exceeding four (4) dwelling units per acre. except for single-familx and mo- family dwellings developed on conventional lots. (Added 3-5-86) 4.16.1 MINIMUM AREA A minimum of two hundred (200) square feet per unit of recreational area shall be provided in common area or open space on the site. this requirement not to exceed five(5) percent of the gross site area. The commission shall consider the appropriateness of such area for the intended purpose. using the following guidelines: 1. Slope in active recreation areas shall not exceed ten(10) percent. Slope and drainage shall be approved by the county engineer: 2. The size and shape of each recreation area shall be adequate for the intended use: 3. Groundcover shall consist of turf grass or contained mulch such as pine bark, shredded tires. or pea gravel: 4. Existing wooded or steep areas may qualify as passive recreation area provided no other suitable area is available on the site: 5. Access shall be adequate for pedestrians and service vehicles if necessary: 6. Location shall be compatible with adjoining uses, convenient to users and suitable for supervision. 4.16.2 MINIMUM FACILITIES The following facilities shall be provided within the recreational area: 4.16.2.1 One (1) tot lot shall be provided for the first thirty (30) units and for each additional fifty (50) units and shall contain equipment which provides an amenity equivalent to: • One(1)swing(four(4)seats) One(I)slide Two(2)climbers One(1)buckabout or whirl Two(2)benches. Substitutions of equipment or facilities may be approved by the director of planning. and community development, provided they offer a recreational amenity equivalent to the facilities listed above, and are appropriate to the needs of the occupants. Each tot lot shall consist of at least two thousand (2.000) square feet and shall be fenced. where determined necessary by the director of planning and community development, to provide a safe environment for young children. 4 16.2.2 One-half(1/2) court for basketball shall be provided for each one hundred (100) units, consisting of a thirty(30) foot by thirty(30) foot area of four(4) inch 21-A base and one and one half(I 1.'2) inches bituminous concrete surface, and a basketball backboard and net installed at regulation height. • 18-4-48 ALBEMARLE COUNTY CODE Y � 4.16.3 ADDITIONAL REQUIREMENTS 4.16.3.1 Equipment specifications shall be approved the director of planning. and community development on advice of the director of parks and recreation. 4 16.3.2 Recreational equipment and facilities shall be maintained in. a safe condition and replaced as necessary. Maintenance shall be the responsibility of the proper owner if rental units or a homeowners'association if sale units. 4.16.3.3 Recreational facilities shall be completed when fifty (50) percent of the units have received certificates of occupancy. 18-4-49 -32 , Ik risnei i.w-, -1-fuoixei "ti) -71-2u3k4ortmcy -.....i., r,. . .-.. . , . . . . - it-beg-, c.11-4,4-0.-414- 4 filitit /11Ni • , s 1 . gbiyill 1 ,0 -7Lpmai-ig -12°Ig - ''Y s4.10.61 ,, agRi ti ; rm •i N'• o tt)4k, / 6-4„,, /- gar Mr Wif !, tit 4 N ,- <. \ . / , t, ' ,42, ci pi ,II -,-- 1111 ,,%e , r• ., _ c tRz Ail „ - 1. iik ,., .. , .../ 4/N \--1 1,7 ..€$ . —‘ • t--- - /FleD d , . . . /1 ziFf) : . e /it b '''‘',;•• !r', iv ,..... . ) , , ` .,� r t.\/0 = tJ) .J V l�-�L.) t.l� r. 0 ' • i \ I ` , j , I /' ' 1 Li- wrar o.e:.....u.os 1 - ( 'i ii. POTENTIAL INTERPARCEL CONNECTION . / ( r I / -L \ ' J RURAL SECTION WITH TRAIL TO MATCH GRAYROCR ( 01 �—r I 1 I I / '- /L / V (INTERPA CEL C,. )+ \ \ \ °...:. l I I 1 /// ^ ( /----- \ . 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' RCP erN I I 1::: \ 1 BLQCI4 F) \ ) \ \\ \ \ \ \ I I / I //r/ u•I• e�4. V; (n ?a Q -1—'1 X�g -- ` \ \ \ �C \ ( / III 1 \ ' / �k / ( ) o o- 11, "= X�x� _ / \ I I \ I\ \1`\ \\ \ I ( /f/ ,•' ' .t / / / ) `f Q "�Lij w \ \ �_ mm r;'�,=i.,woar \ / //—/ I l l I I I--I ' L_ -- I. / / / t ...-.{�L, r Cr as Z co �l 1 /1 \ '` �J %' — // // /I// •f// / / �I-=-)4-- /i 'I� ( I ( �' 4:`e 'N ~ A LAND USE SUMMARY TOTAL DWELLING UNITS: 85 0E515140 er WE TN 10-20-99 ECEIVED 3. PROFESSIONAL OFFICE (BLOCKS A 6 81: 4.000 SF - TN 10-20-98 B. LAND USE AREA'SUMMARY acRim°r WE 1 TOTAL PROPERTY AREA: 19.20 AC _ 2. RESIOENTIAI LAND USE: 15.40 AC (756) nu UM 3. OPEN SPACE: 3.80 AC 43 U/4C '''LE i:d. DENSITY: _ I:50 DEC I 1 ' r C. SETBACKS �Oi 1. FRONT YARD: 10 FT 1.1 2. SIDE YARD: 3 FT "AT 3. REAR YARD: 20 FT wos°r - 4 MAXIMUM BUILDING HEIGHT 45' Planning Dept: DEVELOPMENT BLOCK A 6 B PARKING SUMMARY f PARKING REOUIREO: A RESDENTIAL: 2 SP/OU..32 ■ 2 • 64 SP OF 1 B. PROFESSIONAL OFFICE: 1 SP/200 SF NET • 16 SP - C. 20;WAIVER REDUCTION: (15 VP) Mr b•