HomeMy WebLinkAboutZMA201900001 Resubmittal 2019-12-16December 16, 2019
Code of Development
The following is a Code of Development ("COD") drafted in accordance with Section 20A.5 of Chapter
18 of the Code of Albemarle, Virginia and specific to tax map parcel 06100-00-00-154B0. This Code of
Development establishes the unifying design guidelines, specific regulations and block characteristics.
The COD also provides certainty about the permitted uses, locations and appearance of central features.
I. Table of Uses by Block (Section 20A.5a)
The table below establishes the permitted and prohibited uses by block.
"BR" = By -Right, "SP" = Special Permit, "N" = Not Permitted
Table A. Uses: By Right, by Special Permit, and Not Permitted
BLOCK
BLOCK 1
BLOCK 2
Mixed -use
Residential
Residential
Family Detached
N
BR
-Single
Family Attached
BR
BR
-Single
BR
N
-Multifamily
Accessory Uses
BR
BR
Non- Residential
Retail (Neighborhood, Community & Regional)
N
N
Retail — Furniture Store
BR
N
General Commercial Service
N
N
Auto Commercial Sales & Service
N
N
Office/R&D/Flex
BR
N
Manufacturing / Storage / Distribution
N
N
-Light
Manufacturing / Storage / Distribution
N
N
-Heavy
/ Distribution
I N
I N
-Warehousing
Institutional
I N
I N
Stand-alone parking
BR
BR
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 ACSA. Except as otherwise expressly provided,
central water supplies and central sewerage systems in conformance with
16 of the Code of Albemarle and all other applicable law.
BR
BR
-Chapter
construction uses
BR
BR
-Temporary
Public uses & buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state
or federal agencies (31.2.5); public water and sewer transmission, main or trunk
lines, treatment facilities, pumping stations etc., RWSA owned and/or operated.
BR
BR
SWM facilities shown on an approved final site plan or subdivision plat.
I BR
BR
Tier I and Tier 1I personal wireless service facilities.
I BR
I BR
L-Accessory Uses & Buildings including home occu ation, Class A & storage.
I BR
I BR
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Notes to Table A:
Reference to uses not otherwise defined or listed in this Code of Development shall be
defined as listed first, in the Albemarle County Zoning Ordinance, or second in the "Future
Land Use Plan and Transportation Network" Section of the Places29 Master Plan adopted
February 2, 2011, revised June 10, 2015. If no definition of the use is provided (Code of
Development, Zoning Ordinance, Comprehensive Plan) or if there is uncertainty as to
whether such use is included in the uses listed in Table A, then such use must be officially
determined by the Zoning Administrator to be permitted in a particular Block.
2. Notwithstanding anything herein to the contrary, "Retail Store — Furniture" as defined in the
Zoning Ordinance shall be an allowable retail/commercial use in Block 1.
3. Stand-alone parking and parking structures shall be subject to screening regulations and other
restrictions outlined in Section 4.12.
4. The Project must contain at least two housing types.
II. Development Square Footage Proposed and Residential Density (Section 20A.5b and c)
Table B. Density, Housing T e and Non -Residential Use by Block
MIN
MAX
MAX
MIN Non -
Approximate
Dwelling
Dwelling
Block
Permitted
Residential
MAX Non -
Block Size
Units
Units
Gross
Housing Types
SF
Residential SF
Block
Density
Densi
Block 1
Multifamily,
Mixed -use
41,818 SF
3
14
15 DUA
Single Family
500
6,000
(0.96 acre)
Attached
Block 2
Single Family
Residential
41,382 SF
8
14
15 DUA
Detached,
0
0
(0.95 acre)
Single Family
Attached
TOTAL
83,200 SF
11 28
15 DUA
M , S D,
500 6,000
(1.91 acre)
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III. Green Space & Amenities (Section 20A.5d)
Table C. Minimum Green Space, Civic Areas, and Amenities by Block
Green
BLOCK
Amenity
Space
Amenity
Area
Amenity
MIN
Green
Green Space
& Green
MIN SF
Area %
Amenities
SF
Space %
Elements
Space %
Block 1
20%
20%
Outdoor Plaza with
Courtyard
Landscaping and
(8,364 of
with
(8,364 of
Seating; Multi -Use
Mixed -use
8,364
41,818
Landscaping
8,364
41,818 total
Path; Streetscape
20%
total SF of
and Seating
SF of Block
and Other Designed
Block 1)
1)
Landscaping
Block 2
Sidewalk,
o
20 /o
Central
Greenspace,
o
20 /o
Sidewalk, Central
Natural
Greenspace, Natural
Residential
g,276
(8,276 of
pNatur
8,276
(8,276 of
Playscape, Multi-
20%
41,382
Dog Park, and
41,382 total
Use Path, Dog Park
total SF of
Other
SF of Block
and Other Designed
Block 2)
Designed
2)
Landscaping
Landscaping
20%
20%
TOTAL
16,700
(16,700 of
16,700
(16,700 of
20%
83,200
83,200 total
total SF)
SF
Notes to Table C:
1. Section 4.16 of the Zoning Ordinance shall apply to all recreational facilities and shall be
assessed at the site plan stage of development.
2. Signage shall be provided to prohibit vehicular traffic on the private street in Block 2, except
for emergency vehicles; or, bollards shall be installed.
IV. Architectural Standards and Landscape Treatment (Sections 20A.5g and h)
In addition to any architectural, landscape and site requirements illustrated or otherwise included
in other sections of this application, the Entrance Corridor Design guidelines of Section 30.6
shall also apply, which may require features and/or treatments over and above those listed in this
Code of Development.
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V. Lot & Building Height Regulation (Section 20A.i)
Table D. Lot and BuildingRe ulations
BLOCK 1
BLOCK 2
Mixed -use
Residential
Building Height
Stories
1 Min. - 3 Max.
1 Min. - 3 Max.
Height
35'
35'
Setbacks
Front
0' Min. — 50' Max.
5' Min. - 40' Max.
Side
0' Min.-10' Max.
3' Min. - 15' Max.
Rear
0'
10' Min. (No Max.)
Stepbacks
None,
None.
Other
Lot Size (Min. or Max.)
None.
None.
Residential Units
Allowable
3 Min. - 14 Max.
8 Min. - 14 Max.
Residential Unit Type
Single Family Attached,
Multifamily
Single Family Detached,
Single Family Attached
Parkin
MIN Required (35%
reduction)
3 - 34, depending on
mixture of uses
10 - 18, depending on unit
count etc.
Total Required
13 - 42, depending on mixture of uses
Notes to Table D:
1. Notwithstanding anything herein to the contrary, all non-residential uses shall be
limited in height to one (1) story, or twenty-five (25) feet. Such uses shall also be
limited to a building footprint of six thousand (6,000) square feet.
2. Porches, eaves and awnings shall be considered part of the structure and shall not
extend closer to the street than the required setbacks.
The precise number of minimum required parking spaces shall be determined at the
site plan phase of development depending on density, types of residential units, and
commercial uses pursuant to Section 4.12.6. Minimum parking requirements may
restrict some uses that historically require large amounts of parking. Multiple parking
alternatives per Section 4.12 of the Zoning Ordinance may be utilized during the site
plan phase of development as determined by the Zoning Administrator.
4. Minimum building separation shall be required per Section 4.11 of the Zoning
Ordinance.
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5. Any primary residential structures in Block 1 shall face Belvedere Boulevard.
6. The applicable setbacks for Block 2 shall be measured from the edge of Amenity
Area D.
7. Pursuant to Section 32.7.9.7, the parking areas along the northern and southeastern
boundaries of the subject property are required to be screened. In addition to Section
32.7.9.7(b), the Applicant shall provide three different reasonable types of screening
options to each of the following groups, for each of the following locations, as
follows:
a. For the screening in Block 1 at the southeastern boundary of the Property, to
(1) the Shephard's Ridge Homeowners' Association which consists of
residents immediately adjacent to the Property,
b. For the screening in Block 2 at the southeastern boundary of the Property, to
(2) Warren M. and Virginia M. Stallings, the owners of Tax Map Parcel
062FO-00-00-31300 (2033 Shephard's Ridge), and/or their successors or
assigns, and
For the screening along the northern boundary of the Property, to (3) the
owners of the three parcels across Shephard's Ridge Road from the Property:
(A) Kent J. Rychcik Living Trust and Susan W. Rychcik Living Trust, the
owners of Tax Map Parcel 062FO-00-00-28100 (2050 Shepherd's Ridge),
and/or their successors or assigns, James G. and Betty D. Cannon, the owners
of Tax Map Parcel 062FO-00-00-28000 (2044 Shepherd's Ridge), and/or their
successors or assigns and (C) Alexis Ann Halley Revocable Trust, the owner
of Tax Map Parcel 062FO-00-00-27900 (2038 Shephard's Ridge Road), and/or
its successors or assigns.
By a majority vote at a duly authorized meeting of the members of the
homeowners' association, and the individuals/entities listed in (2) and (3) above,
the applicable parties shall choose one of the three screening options provided for
each of the three locations listed above.
At minimum, at least one of the options provided shall include a fence up to seven
feet in height (or taller, if the parties agree). Such meetings shall be called within
thirty (30) days of receipt of written notice from the Applicant and/or its assigns.
In addition, such approval shall not be unreasonably withheld, delayed or
conditioned. If the Applicant does not receive a response within thirty (30) days
of receipt of the Applicant's written notice, such lack of response shall be
considered an approval of any or all of the options provided.
8. Dumpsters and Dumpster Pads on the Property shall be screened pursuant to Section
4.12.19.
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9. The Applicant shall be required to provide onsite treatment of 25% of the required
stormwater treatment. Such techniques of treatment shall include pervious pavers,
micro bioretention, or other approved measures.
VI. Supplementary Regulations — Residential Uses and Affordable Housing
1. 15% of the total residential dwelling units within the project shall be Affordable
Dwelling Units (the "15% Affordable Housing Requirement"). The 15% Affordable
Housing Requirement may be met through a variety of housing types, including but
not limited to, for -sale units or rental units.
2. For -Sale Affordable Dwelling. All purchasers of the affordable units shall be
approved by the Albemarle County Community Development Department or its
designee ("Community Development"). A for -sale Affordable Dwelling Unit shall
mean any unit affordable to households with income less than eighty percent (80%)
of the area median income (as determined by the U.S. Department of Housing and
Urban Development (HUD) from time to time) such that housing costs consisting of
principal, interest, real estate taxes and homeowners insurance (PITT) do not exceed
thirty percent (30%) of the gross household income; provided, however, that in no
event shall the selling price for such affordable units be more than sixty-five percent
(65%) of the applicable Virginia Housing Development Authority (VHDA)
maximum sales price / loan limit for first-time homebuyer programs (the "VHDA
Limit"). The Applicant or its successor shall provide the County or its designee a
period of ninety (90) days to identify and prequalify an eligible purchaser for the for -
sale Affordable Dwelling Units. The ninety (90) day period shall commence upon
written notice from the Applicant or its successor that the unit(s) will be available for
sale. This notice shall not be given more than sixty (60) days prior to receipt of the
Certificate of Occupancy for the applicable for -sale Affordable Dwelling Unit; the
County or its designee may then have thirty (30) days within which to provide a
qualified purchaser for such for -sale Affordable Dwelling Unit. If the County or its
designee does not provide a qualified purchaser during the ninety (90) day period, the
Applicant or its successor shall have the right to sell the unit(s) without any restriction
on sales price or income of the purchaser(s). This shall apply only to the first sale of
each of the for -sale Affordable Dwelling Units.
3. For -Rent Affordable Dwelling Units.
a. Rental Rates. The net rent for each rental housing unit which shall qualify as
an Affordable Dwelling Unit ("For -Rent Affordable Dwelling Unit") shall not
exceed HUD's affordability standard of thirty percent (30%) of the income of
a household making eighty percent (80%) of the area median income (as
determined by HUD from time to time). In each subsequent calendar year, the
monthly net rent for each For -Rent Affordable Dwelling Unit may be
increased up to three percent (3%). The term "net rent" means that the rent
does not include tenant -paid utilities or Homeowners Association fees. The
requirement that the rents for such For -Rent Affordable Dwelling Units may
not exceed the maximum rents established in this Section shall apply for a
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December 16, 2019
period of ten (10) years following the date the certificate of occupancy is
issued by the County for each For -Rent Affordable Dwelling Unit, or until the
units are sold as low or moderate cost units qualifying as such under either the
VHDA, Farmers Home Administration, or Housing and Urban Development,
Section 8, whichever comes first (the "Affordable Term").
b. Conveyance of Interest. All deeds conveying any interest in the For -Rent
Affordable Dwelling Units during the Affordable Term shall contain language
reciting that such unit is subject to the terms of this Section. In addition, all
contracts pertaining to a conveyance of any For -Rent Affordable Dwelling
Unit, or any part thereof, during the Affordable Term shall contain a complete
and full disclosure of the restrictions and controls established by this Section.
At least thirty (30) days prior to the conveyance of any interest in any For -
Rent Affordable Dwelling Unit during the Affordable Term, the then -current
Owner shall notify the County in writing of the conveyance and provide the
name, address and telephone number of the potential grantee, and state that
the requirements of this Section have been satisfied.
Reporting Rental Rates. During the Affordable Term, within thirty (30)
days of each rental or lease term for each For -Rent Affordable Dwelling Unit,
the Applicant or its successor shall provide to the Housing Office a copy of
the rental or lease agreement for each such unit rented that shows the rental
rate for such unit and the term of the rental or lease agreement. In addition,
during the Affordable Term, the Applicant or its successor shall provide to the
County, if requested, any reports, copies of rental or lease agreements, or
other data pertaining to rental rates as the County may reasonably require.
4. Tracking. Each subdivision plat and site plan for land within the Property shall
designate lots or units, as applicable, that will satisfy the 15% Affordable Housing
Requirement. Such subdivision plat(s) or site plan(s) shall not be required to identify
the method by which the 15% Affordable Housing Requirement will be satisfied.
The aggregate number of such lots or units designated for affordable units within
each subdivision plat or site plan shall constitute a minimum of fifteen percent (15%)
of the lots or units in such subdivision plat or site plan, unless such subdivision plat or
site plan does not contain any residential uses. The Applicant, at the Applicant's
option, may accelerate the provision of affordable units ahead of the 15% Affordable
Housing Requirement and shall be entitled to receive credit on future subdivision
plat(s) or site plan(s) for any such units provided beyond the 15% Affordable
Housing Requirement.
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