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
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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:
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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 •
•
•
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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
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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•