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Home My WebLink AboutZMA201400006 Action Letter Zoning Map Amendment 2017-05-22 of x`!' Ilu� DJP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,North Wing Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 May 22,2017 Beau Dickerson 925 E Jefferson St Suite B Charlottesville,Va. 22901 RE: ZMA201400006/Avon Park II TAX MAP/PARCEL: 09000000003100 Dear Mr.Dickerson, On May 10,2017,the Board of took action on your Zoning Map Amendment application request Amend proffers and application plan for Avon Park II on Tax Map Parcel 09000000003100 in the Scottsville District.The Zoning Map Amendment permit was approved by the Board's adoption of the attached resolution and proffers. If you have questions regarding the above-noted action,please contact Rebecca Ragsdale at(434)296- 5832. Sincerely, e,06,41.6 Elaine K.Echols,FAICP Chief of Long Range Planning Planning Division Cc Bellevue Real Estate LLC 16 Piney Glen Ct. Potomac,Md.20854 • ORDINANCE NO. 17-A(5) ZMA 2014-00006 AVON PARK II AN ORDINANCE TO AMEND THE PROFFERS AND APPLICATION PLAN APPROVED WITH ZMA 2012-00004 FOR TAX MAP PARCEL NUMBER 09000-00-00-03100 WHEREAS,the application to amend the proffers and application plan that were approved with ZMA 2012- 00004 for Tax Map Parcel Number 09000-00-00-03100 is identified as ZMA 2014-00006,Avon Park II("ZMA 2014- 06");and WHEREAS,ZMA 2014-06 proposes to amend the proffers and application plan that were approved with ZMA 2012-00004 to: 1)address the conditions related to parking and emergency access that were imposed with the approval of the initial site plan related to SDP2014-00024;and 2)reduce the cash proffer amounts;and WHEREAS,staff recommended approval of ZMA 2014-06 provided that technical revisions were made to the proffers and the application plan;and WHEREAS,the Planning Commission held a duly noticed public hearing on ZMA 2014-06 on July 12, 2016,and recommended approval with the exception of the reduction of cash proffers,conditioned on the applicant making the staff-recommended revisions,demonstrating that access to water exists for the neighboring properties to the south, and investigating three issues that concerned property owners to the north regarding screening,recreational amenities,and erosion and sediment control;and WHEREAS,subsequent to the Planning Commission public hearing,the applicant made all of the recommended revisions to the proffers and the application plan,with the exception of the cash proffer amounts,and addressed the Planning Commission's other conditions of approval noted above;and WHEREAS,on April 12,2017,the Albemarle County Board of Supervisors held a duly noticed public hearing on ZMA 2014-06; BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia,that upon consideration of the staff report prepared for ZMA 2014-06 and its attachments,including the application plan dated February 10,2015 and last revised on May 24,2016,and the proffers dated March 27,2017,the information presented at the public hearing,the material and relevant factors in County Code § 18-33.6,Virginia Code§ 15.2-2284,and for the purposes of public necessity, convenience,general welfare and good zoning practices,the Board hereby approves ZMA 2014-06,with the application plan dated February 10,2015 and last revised on May 24,2016,and the proffers dated March 27,2017. I, Claudette K.Borgersen, do hereby certify that the foregoing writing is a true,correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County,Virginia,by a vote of six to zero,as recorded below,at a regular meeting held on April 12,2017. at(aig-Wi A Clerk,Board of County Supe sors Aye Nay Mr. Dill Y Ms. Mallek Y Ms. McKeel Y Ms. Palmer Y Mr. Randolph Y Mr. Sheffield Y RESOLUTION TO ACCEPT CORRECTED PROFFER STATEMENT ZMA 2014-00006 AVON PARK II WHEREAS,Ordinance No. 17-A(5),adopted by the Albemarle County Board of Supervisors on April 12, 2017, approved ZMA 2014-00006,Avon Park II("ZMA 2014-06"); and WHEREAS,the proffer statement accepted in conjunction with ZMA 2014-06 contained an incorrect signature; and WHEREAS,the Owner has submitted a proffer statement dated April 24,2017 with the correct signature(the"Corrected Proffer Statement"),and the content of the Corrected Proffer Statement is otherwise the same as that accepted by the Board in conjunction with ZMA 2014-16. NOW,THEREFORE,BE IT HEREBY RESOLVED,that the Corrected Proffer Statement is accepted and,to the extent that it contains the correct signature of the Owner, it replaces the proffer statement dated April 12,2017. * * * * I, Claudette K. Borgersen,do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County,Virginia, by a vote of five to zero, as recorded below, at a regular meeting held on May 10, 2017. eiaLtzLiel-e Clerk, Board of County ervisors Aye Nay Mr. Dill Y Ms. Mallek Y Ms. McKeel Y Ms. Palmer Y Mr. Randolph Y Mr. Sheffield Absent Original Proffers: 11/21/13 Amendment: 4/24/2017 PROFFER STATEMENT ZMA No. 2014-00006 Avon Park II Tax Map and Parcel Number: 09000-00-00-03100 (D.B. 3786 P.G. 060) Owner of Record: BELLEVUE REAL ESTATE, LLC Date of Proffer Signature: 4/24/2017 Proffer Statement for 5.262 acres to be rezoned from Planned Residential District(PRD)to Planned Residential District(PRD) Bellevue Real Estate LLC, a Maryland Limited Liability Company, is the owner (the "Owner") of Tax Map and Parcel Number 09000-00-00-03100 (the "Property") which is zoned as Planned Residential Development (PRD)subject to rezoning application ZMA No.2014-00006,a project known as"Avon Park II"(the"Project")and the application plan (the "Plan") entitled, "Avon Park II Zoning Map Amendment Plan, created by Roudabush, Gale, and Associates February 10, 2015, last revised May 24, 2016 . This current proffer statement (the "Proffer Statement") supersedes the proffer statement dated November 21, 2013 pertaining to ZMA-2012-00004 and the application plan entitled, Avon Park II Zoning Map Amendment Application Plan prepared by Pohl Engineering, LLC, dated August 20, 2012, last revised 10/25/13. Pursuant to Section 33 of the Albemarle County Zoning Ordinance (Chapter 18 of the Albemarle County Code), the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the Property. These conditions are proffered as a part of the PRD zoning applicable to the Property and the Owner acknowledges that the conditions are reasonable. Each signatory below signing on behalf of the Owner covenants and warrants that it is an authorized signatory of the Owner for this Proffer Statement. 1) AFFORDABLE HOUSING The Owner will provide a minimum of six (6) affordable housing units within the Project in the form of for lease or for sale affordable dwelling units (the "Affordable Dwelling Units" or "Affordable Units"). Each subdivision plat and site plan for land within the Property shall designate the lots or units, as applicable, that will, subject to the terms and conditions of this proffer condition, incorporate Affordable Units as described herein,and the aggregate number of such lots or units designated for Affordable Units within each subdivision plat and site plan shall be referenced in such subdivision plat or site plan. a) There shall be a maximum of 32 dwelling units on 30 lots in the development. The Affordable Dwelling Units shall be comprised of one or more of the following unit types: 1. Single family townhomes OR 2. Units that will be constructed and maintained as two-family dwellings as defined in the Virginia Uniform Statewide Building Code. The Owner or his successor in interest reserves the right to achieve six (6) or more Affordable Dwelling Units utilizing the above mentioned unit types alone or in combination as outlined below.The Owner shall convey the responsibility of constructing the affordable units to any subsequent purchaser of the Property. The current Owner or subsequent Owner shall create units affordable to households with incomes less than 80%of the area median family income(the"Affordable Unit Qualifying Income"),such that housing costs consisting of principal, interest, real estate taxes and homeowner's insurance (PITI) do not exceed 30% of the Affordable Unit Qualifying Income;provided, however, that in no event shall the selling price of such Affordable Units be more than sixty-five percent(65%) of the applicable Virginia Housing Development Authority (VHDA) sales price/loan limits for VHDA's first-time homebuyer programs provided that the selling price will be equal to or less than the Albemarle County affordable housing home price. This home price will increase or decrease per year based on Albemarle County's designated affordable home pricing. All financial programs or instruments described herein must be acceptable to the primary mortgage lender. The value of Seller-paid closing costs shall be excluded from the selling price of such Affordable Dwelling Units. i) For-Sale Affordable Units - All purchasers of for-sale Affordable Units shall be approved by the Albemarle County Office of Housing(the"Housing Office")or its designee. The Owner shall provide the County or its designee a period of one hundred twenty (120) days to identify and pre-qualify an eligible purchaser for the Affordable Units. The 120-day period shall commence upon written notice from the Owner that the units will be available for sale. This notice shall not be given more than 90 days prior to the anticipated receipt of the certificate of occupancy. If the County or its designee does not provide a qualified purchaser during this one hundred twenty (120) day period, the Owner shall have the right to sell the Unit(s) without any restriction on sales price or income of purchaser(s); provided, however, that any Units(s) sold or leased without such restriction shall nevertheless be counted toward the number of Affordable Units required to be provided pursuant to the terms of this proffer.If these Units are sold,this proffer shall apply only to the first sale of each unit. Nothing herein shall preclude the then-current Owner/builder from working with the Housing Office prior to the start of the notification periods described herein in an effort to identify qualifying purchasers for Affordable Units. b) County Option for Cash in Lieu of Affordable Units. If at any time prior to the County's approval of any preliminary site plan or subdivision plat for the subject property which includes one or more for-sale Affordable Dwelling Units, the Housing Office informs the then-current owner/builder in writing that it may not have a qualified purchaser for one or more of the for-sale Affordable Dwelling Units at the time that the then-current owner/builder expects the units to be completed, and that the County will instead accept a cash contribution to the County to support affordable housing programs in the amount of Twenty Four Thousand Three Hundred Seventy Five Dollars ($24,375.00) in lieu of each Affordable Unit(s), then the then-current owner/builder shall pay such cash contribution to the County prior to obtaining a certificate of occupancy for the Unit(s) that were originally planned to be Affordable Dwelling Units, and the then- current owner/builder shall have the right to sell the Unit(s)without any restriction on sales price or income of the purchaser(s). For the purposes of this proffer condition, such Affordable Dwelling Units shall be deemed to have been provided when the subsequent owner/builder provides written notice to the Albemarle County Office of Housing or its designee that the Affordable Units(s)will be available for sale. 2) CASH PROFFER a) The Owner shall contribute cash to the County in the following amounts for each dwelling unit constructed within the Property that is not an Affordable Dwelling Unit.The cash contribution shall be used only for capital improvements in the form of public facilities(i.e.,schools,public safety,libraries, parks or transportation) located within the Scottsville magisterial district of the County and no funds shall be used for capital improvements to any public facility existing as of the date of this Proffer Statement, such as a renovation or technology upgrade,that does not expand the capacity of such facility. The cash contribution shall not be used for any operating expense of any existing or new facility such as ordinary maintenance or repair. The cash contribution for each individual dwelling unit shall be paid to the County after completion of the final building inspection and prior to issuance of a certificate of occupancy for the individual unit. The cash contribution for each dwelling unit shall be based upon the type of the dwelling unit and in the amount set forth for each type of dwelling unit as follows: i) Thirteen Thousand Nine Hundred Thirteen Dollars and 18/100 ($13,913.18) for each attached town home/condominium unit that is not an Affordable Dwelling Unit. ii) Twenty Thousand Four Hundred Sixty Dollars and 57/100($20,460.57)for each single family detached dwelling unit. iii) Zero Dollars($0.00)for each Affordable Dwelling Unit. b) Annual Adjustment of Cash Proffers: Beginning January 1, 2017, the amount of each cash contribution required herein shall be adjusted annually until paid, to reflect any increase or decrease for the preceding calendar year in the Marshall and Swift Building Costs Index (the "MSI"). In no event shall any cash contribution amount be adjusted to a sum less than the amount initially established by these proffers. The annual adjustment shall be made by multiplying the proffered cash contribution amount for the preceding year by a fraction, the numerator of which shall be the Index as of December 1 in the preceding calendar year, and the denominator of which shall be the Index as of December 1 in the year preceding thecalendar year most recently ended. For each cash contribution that is being paid in increments, the unpaid incremental payments shall be correspondingly adjusted each year. c) The applicant will receive a cash proffer credit from Albemarle county for the number of dwelling units permitted under the prior by-right zoning of the Property (Tax Map and Parcel Number 09000-00-00- 03100), which would yield five(5)single family detached homes. 3) LANDSCAPE EASEMENTS a) The Owner shall obtain a variable width landscape easement behind lots 1-7 on Tax Map and Parcel Number 090F0-00-00-000A1 (owned by the Avon Park Community Association) as shown on the Plan. The owner shall install plants within the proposed easement as per the final approved landscape plan during the first fall planting season after the adjacent retaining wall is installed but prior to the issuance of the certificate of occupancy for the seventh completed dwelling unit located on lots 1 through 7. There shall be no obligation on the Owner to install landscaping on the adjoining property if permission from the impacted property owner is not obtained. b) The Owner shall install plants within the proposed 10' landscape easement shown on page 5 of the Plan at the rear of lots 8-10 prior to the issuance of the certificate of occupancy for the 3rd completed dwelling unit located on lots 8-10. c) The Owner shall install plants within the proposed 10' landscape easement shown on page 5 of the Plan at the rear of lots 13-15 prior to the issuance of the certificate of occupancy for the 3rd completed dwelling unit located on lots 13-15. d) The Owner shall install plants within the proposed 10' landscape easement shown on page 5 of the Plan at the rear of lots 16-22 prior to the issuance of the certificate of occupancy for the 7th completed dwelling unit located on lots 16-22. e) The Owner shall install plants within the proposed 10' landscape easement shown on page 5 of the Plan at the rear of lots 23-26 prior to the issuance of the certificate of occupancy for the 3rd completed dwelling unit located on lots 23-26. f) The Owner shall install plants as shown on Page 9 of the Plan within the proposed 20' private drainage and landscape easement shown on page 5 of the Plan at the rear of lots 28-30 prior to the issuance of the certificate of occupancy for the 3rd completed dwelling unit located on lots 28-30. g) The Owner shall install the off-site plants along Hathaway Street at the entrance to the Avon Park 2, as shown on page 9 of the Plan,development during the first fall planting season after the base coat of asphalt is installed on the road. 4) EROSION AND SEDIMENT CONTROL The Owner shall provide additional erosion and sediment control measures beyond the standard regulatory requirements stated in the Virginia Erosion and Sediment Control Handbook (VESCH) applicable on the date of approval of this Proffer Statement. These additional measures shall consist of the following: a) Silt Fencing(VESCH Standard 3.05): i) Contributing drainage area to non-wire reinforced silt fence shall be reduced from one quarter(0.25) acre per 100 feet of silt fence length to two-tenths(.20)per 100 feet of silt fence. Contributing drainage area to wire reinforced silt fence shall not exceed one quarter acre per 100 feet of silt fence; and ii) Maximum contributing drainage area to non-wire reinforced silt fence from minor swales or ditch lines shall be reduced from 1 acre and no greater than 1 cfs to 0.8 acre and no greater than.08 cfs. Maximum contributing drainage area to wire reinforced silt fence from minor swales or ditch lines shall be 1 acre and no greater than 1 cfs; and iii) The height of any silt fence shall be a minimum of 24 inches above the original ground surface and shall not exceed 34 inches above ground elevation; and iv) Post spacing for non-wire-reinforced silt fence shall be reduced from a maximum 6 feet apart to a maximum 5 feet apart. Post spacing for wire reinforced silt fence shall be reduced from a maximum 10 feet apart to a maximum 8 feet apart. b) Temporary Diversion Dike(VESCH Standard 3.09): i) The maximum allowable drainage area to a temporary diversion dike shall be reduced from five (5) acres to three(3) acres. c) Temporary Sediment Trap (VESCH Standard 3.13): i) Maximum total contributing drainage area shall be reduced from three(3)acres to two(2)acres; and ii) The storage volume requirement shall be increased by a factor of 1.2. d) Temporary Sediment Basin(VESCH Standard 3.14): i) A temporary sediment basin shall be provided where the total contributing drainage area exceeds two (2)acres; and ii) The permanent pool and dry storage volumes shall be increased by a factor of 1.2. • • F 6) ADDITIONAL TREE REMOVAL The owner shall identify the location of the trees located at the rear of tax map parcels identified as 090F0-00-00- 000A2, 090F0-00-0E-04200, 090F0-00-0E-04300, and 090F0-00-0E-04400. If trees are located within 5' or less of the property line the owner will remove the trees on those adjoining existing properties. Tree removal will be subject to the existing property owner's written approval permitting the Owner,the owner's subcontractors, and/or employees, of Avon Park II property to come onto the property and remove the trees. 7) ALLOWED USES The use of the Property shall be limited to those uses allowed by right under section 19.3.1; and the use allowed by special use permit under section 19.3.2(7) of chapter 18, Zoning, of the Albemarle County Code, Zoning Supplement #91 dated 6-3-15 and in effect on the date of approval of this Proffer, copies of which are attached hereto and incorporated herein as Attachment A. 8) RECREATIONAL AMENITIES The Owner shall provide and install the following recreational amenities in the existing "park" on Tax Map and Parcel Number 090F0-00-00-000A 1 (owned by the Avon Park Community Association). These amenities are at the request of the Avon Park Community Association Board and will be installed upon issuance of the 24th Certificate of Occupancy. a) A 40' x 50' fenced dog park area with two small benches. b) Two(2)additional play structures for older children in the existing tot lot area. 9) OVERLOT GRADING The Owner shall submit an overlot grading plan(hereinafter the"Grading Plan")meeting the requirements of this proffer condition with the application for each subdivision ofthe Property. The Plan shall show existing and proposed topographic features.The Grading Plan shall be approved by the County Engineer prior to approval of an erosion and sediment control plan related to said subdivision. The land area within the subdivision shall be graded as shown on the approved Plan.No building permit shall be issued for any dwelling on a lot where the County Engineer has determined the lot grading is not in general conformance with the approved Plan. The Grading Plan shall satisfy the following: a) The Grading Plan shall show all proposed streets, building sites, setbacks, surface drainage, driveways, trails, and other features the County Engineer determines are needed to verify that the Plan satisfies the requirements of this proffer condition. b) The Grading Plan shall be drawn to a scale not smaller than one(1) inch equals fifty (50)feet. c) All proposed grading shall be shown with contour intervals not greater than two (2)feet. All concentrated surface drainage over lots shall be clearly shown with the proposed grading. All proposed grading shall be designed to assure that surface drainage can provide adequate relief from the flooding of dwellings in the event a storm sewer fails. d) Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not exceed a gradient of three (3) feet of horizontal distance for each one (1) foot of vertical rise or fall (3:1). Steeper slopes shall be vegetated with low maintenance vegetation as determined to be appropriate by the County's program authority in it approval of an erosion and sediment control plan for the land disturbing activity. These steeper slopes shall not exceed a gradient of two (2) feet of horizontal distance for each one (1) foot of vertical rise or fall (2:1) unless the County Engineer finds that the grading recommendations for steeper slopes have adequately addressed the impacts. e) Surface drainage may flow acrossup to three(3)lots before being collected in a storm sewer or directed to a drainage way outside of the lots. f) No surface drainage across a residential lot shall have more than one-half(1/2)acre of land draining to it. g) All drainage from streets shall be carried across lots in a storm sewer to a point beyond the rear of the building site h) The Grading Plan shall demonstrate that for each dwelling unit, an area at least ten (10) feet in width abutting the primary dwelling entrance facing the street not be served by a stairway, has grades no steeper than ten percent(10%)should the primary dwelling entrance facing the street be less than ten(10)feet from the Lot's property line, then this grade requirement shall only extend to the area between the entrance and the lot line. This graded area also shall extend from the primary entrance to the driveway or walkway connecting the dwelling to the street. i) Any requirement of this proffer condition may be waived by submitting a request for special exception with the Plan. If such a request is made, it shall include a justification for the request containing a valid professional seal from a PE, LA or LS type B. In reviewing a waiver request, the County Engineer shall consider whether the alternative proposed by the Owner satisfies the purpose of the requirement to be waived to at least an equivalent degree. j) In the event the County adopts overlot grading regulations after the date this Proffer Statement is approved, any requirement of those regulations that is less restrictive than any requirement of this proffer condition shall supersede the corresponding requirement of this proffer condition. 9) SCRIM FENCE A Scrim Fence shall be installed along the Avon Park 1 property line at the rear lots 1-9 shown on the Plan on the owner's property or, if granted permission by the owner of lot 090F0-00-00-000A1 to protect the plantings and provide existing residents an additional visual screen during construction. The height of the screening material shall not exceed 6 feet and will be installed immediately following the grading of lots 1-9. OWNER Be evue Reall Estate,L.L.C. Name: J /) A italhezt< Tax Map and Parcel Number:09000-00-00-03100 ATTACHMENT A 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 SETBACKS 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 considered to have been established as PRD districts under this ordinance and shall be so designated on the zoning map. 18-19-1 Zoning Supplement#91,6-3-15 ATTACHMENT A 19.3 PERMITTED USES 19.3.1 BY RIGHT The following uses shall be permitted by right in the PRD district,subject to the applicable requirements of this chapter: 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). 11. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02) 12. Tier I and Tier II personal wireless service facilities(reference 5.1.40). (Added 10-13-04) 13. Family day homes(reference 5.1.56).(Added 9-11-13) (§20-19.3.1, 12-10-80;9-2-81; 11-1-89;5-12-93;Ord.02-18(6), 10-9-02;Ord.04-18(2), 10-13-04;Ord. 13-18(5), 9-11-13) 19.3.2 BY SPECIAL USE PERMIT The following uses shall be permitted by special use permit in the PRD district,subject to the applicable requirements of this chapter and provided that no separate application shall be required for any such use as shall be included in the original PRD rezoning petition: (Amended 5-5-10) 18-19-2 Zoning Supplement#91,6-3-15 ATTACHMENT A 1. Day care,child care or nursery facility(reference 5.1.06). 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. Stand alone parking and parking structures(reference 4.12,5.1.41). (Added 11-7-84;Amended 2-5- 03) 8. Swim,golf,tennis or similar athletic facilities(reference 5.1.16). (Added 9-13-89) 9. Professional offices. (Added 6-8-94) 10. Tier III personal wireless service facilities(reference 5.1.40). (Added 10-13-04) 11. Historical centers,historical center special events,historical center festivals(reference 5.1.42). (Added 6-8-05) 12. Farmers'markets(reference 5.1.47). (Added 5-5-10) • (§ 20-19.3.2, 12-10-80; 9-2-81; 11-7-84; 9-13-89; 6-8-94; Ord. 03-18(1),2-5-03; Ord. 04-18(2), 10-13-04;Ord. 05- 18(7),6-8-05;Ord. 10-18(4),5-5-10) 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. (§20-19.4, 12-10-80) 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) 18-19-3 Zoning Supplement#91,6-3-15 ATTACHMENT A 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 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. The minimum stepback requirements for any structure exceeding forty (40) feet or three (3) stories,whichever is less,in height shall be as provided in section 4.19. (§20-19.7, 12-10-80;9-9-92;Ord. 15-18(4),6-3-15) 19.8 BUILDING SEPARATION The minimum building separation shall be as provided in section 4.19. (§20-19.8, 12-10-80; 1-1-83;Ord. 15-18(4),6-3-15) 19.9 SETBACKS The minimum and maximum yards,including those for garages,shall be as provided in section 4.19. (§20-19.9, 12-10-80;Ord. 15-18(4),6-3-15) 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. (§20-19.10, 12-10-80) 19.11 SIGN REGULATIONS Sign regulations shall be as prescribed in section 4.15. (§20-19.11, 12-10-80) 18-19-4 Zoning Supplement#91,6-3-15