HomeMy WebLinkAboutZMA201900001 Code of Development 2020-03-04 ZMA2019000001
999 Rio Road
Code of Development
Community Development Department
File# 7 " o 060 d
Approved by the Board of Supervisors
Date g vzo z
Signature- Planner
January 29, 2020
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
Single Family Detached N BR
Single Family Attached BR BR
Multifamily BR N
Accessory Uses BR BR
Non-Residential
Retail(Neighborhood,Community&Regional) N N
General Commercial Service N N
Auto Commercial Sales&Service N N
Office/R&D BR N
Flex N N
Light Manufacturing/Storage/Distribution N N
Heavy Manufacturing/Storage/Distribution N N
Warehousing/Distribution N N
Institutional N N
Stand-alone parking BR BR
Electric,gas,oil&communication facilities,excluding tower structures and
including poles,lines,transformers,pipes,meters and related facilities for
distribution of local service+owned and operated by a public utility.Water BR BR
distribution/sewerage collection lines,pumping stations/appurtenances owned
+operated by the ACSA. Except as otherwise expressly provided,central water
supplies/central sewerage systems in conformance with all applicable law.
Temporary construction uses BR BR
Public uses&buildings including temporary or mobile facilities such as schools,
offices,parks,playgrounds and roads funded,owned or operated by local,state BR BR
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.
SWM facilities shown on an approved final site plan or subdivision plat. BR BR
Tier I and Tier II personal wireless service facilities. BR BR
Accessory Uses&Buildings including home occupation,Class A&storage. BR BR
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Notes to Table A:
1. 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. Stand-alone parking and parking structures shall be subject to screening regulations and other
restrictions outlined in Section 4.12.
3. 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 Type and Non-Residential Use by Block
MIN MAX MAX MIN Non-
Approximate Block Permitted MAX Non-
Block Size Dwelling Dwelling Gross Housing Types Residential Residential SF
Units Units Density SF
Block
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 SFA SFD, 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
Landscaping and
Courtyard with Seating;Multi-Use
Mixed-use 8,364 (8,364 of Landscaping 8,364 (8,364 of Path; Streetscape 20%
41,818 and Seating 41,818 total and Other Designed
total SF of SF of Block Landscaping
Block 1) 1)
Block 2
Sidewalk,
20% Central 20% Sidewalk,Central
Greenspace, Greenspace,Natural
(8 276 of Natural (8,276 of Playscape,Multi- o
Residential 8,276 41 382 Playscape, 8,276 41,382 total Use Path,Dog Park 20%
total SF of Dog Park,and SF of Block and Other Designed
Block 2) Other 2) Landscaping
Designed
Landscaping
20% 20%
TOTAL 16,700 (16,700 of 16,700 (16,700 of 20%
83,200
total SF) 83,200 total
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 Building Regulations
BLOCK 1 BLOCK 2
Mixed-use Residential
Building Height
Stories 1 Min. -3 Max. 1 Min.-3 Max.
Height 35' 35'
Setbacks
Front 3'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, Single Family Detached,
Multifamily Single Family Attached
Parking
MIN Required(35% 3-34,depending on 10- 18,depending on unit
reduction) mixture of uses 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.
3. 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
062F0-00-00-31300(2033 Shephard's Ridge), and/or their successors or
assigns, and
c. 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 062F0-00-00-28100 (2050 Shepherd's Ridge),
and/or their successors or assigns,James G. and Betty D. Cannon,the owners
of Tax Map Parcel 062F0-00-00-28000 (2044 Shepherd's Ridge),and/or their
successors or assigns and(C)Alexis Ann Halley Revocable Trust, the owner
of Tax Map Parcel 062F0-00-00-27900(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 Units. 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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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.
c. 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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