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Home My WebLink AboutZMA201900003 Code of Development 2020-05-27Code 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 parcels 76-46A, 76-54, and a portion of 76-46F. 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. ALBEMARLE BUSINESS CAMPUS A NEIGHBORHOOD MODEL DISTRICT ZMA201900003 I Code of Development TABLE A. Uses BLOCK 1 BLOCK 2 BLOCK 3 BLOCK 4 BLOCK 5 RESIDENTIAL Attached single-family dwellings such as two-family dwellings, triplexes, quadruplexes, and townhouses BR BR N N N Multifamily BR BR BR BR BR Group Homes BR BR BR BR BR Boarding Houses BR BR BR BR BR Home Occupation Class A BR BR BR BR BR ON -RESIDENTIAL Office/R&D/Flex BR BR BR BR BR Light Industrial N SP N N SP Retail Sales BR BR BR BR BR General Commercial Service BR BR BR BR BR Public Establishments BR BR BR BR BR Institutional BR BR BR BR BR Hotel/Conference Facility N BR N BR BR Self-service storage facilities N BR N N BR Farmers' markets N BR BR N BR Car Washes N N N N N Automobile, Truck Repair Shops N N N N N Machinery and equipment sales, service, and rental N N N N N "BR" = "By -right" "SP" _ "Special Use Permit" "N" _ "Not Permitted" Submitted: March 16, 2020 SHIMP ENGINEERING, P.C. ZMA2019-03 COD 11 ALBEMARLE BUSINESS CAMPUS A NEIGHBORHOOD MODEL DISTRICT ZMA201900003 I Code of Development Manufactured home and trailer sales and service N N N N N Motor vehicle sales, service and rental N N N N N Wholesale Distribution N N N N N Sale of major recreational equipment and vehicles N N N N N Storage Yards N N N N N Drive -through windows N N N N N Water, sewer, energy and communications distribution BR BR BR BR BR facilities Accessory uses and buildings including storage buildings BR BR BR BR BR Temporary construction headquarters and temporary BR BR BR BR BR construction storage yards (reference §18-5.1.18) Temporary industrialized buildings (reference 5.8) BR BR BR BR BR Public Uses (reference §18-5.1.12) BR BR BR BR BR Tier I and Tier II Personal wireless (reference §18-5.1.40) BR BR BR BR BR Outdoor storage, display and/or sales serving or associated N SP SP N SP with a Permitted use, other than a residential use Stand alone parking BR BR BR BR BR 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 adopted Comprehensive Plan. If no definition of the use is provided (Code of Development, Zoning Ordinance, Comprehensive Plan) then such use must be officially determined by the zoning administrator, after consultation with the director of planning, to be permitted in a articular Block pursuant to subsection 8.5.5.2(c)(1). 2.) Stand alone parking and parking structures shall be subject to screening regulations and other restrictions outlined in Section 4.12. "BR" _ "By -right" "SP" _ "Special Use Permit" "N" _ "Not Permitted" SHIMP ENGINEERING, P.C. Submitted: March 16, 2020 ZMA2019-03 COD 12 ALBEMARLE BUSINESS CAMPUS A NEIGHBORHOOD MODEL DISTRICT ZMA201900003 I Code of Development TABLE B. SQUARE FOOTAGE BLOCK 1 BLOCK 2 BLOCK 3 BLOCK 4 BLOCK 5 TOTAL MIN Non -Residential Square Footage 0 0 25,000 4,000 45,000 74,000 MAX Non -Residential Square Footage 6,000 100,000 110,000 60,000 120,000 396,000 TABLE C. RESIDENTIAL DENSITY (Density Calc) BLOCK 1 BLOCK 2 BLOCK 3 BLOCK 4 BLOCK 5 TOTAL Approximate Block Area 5.08 3.17 2.35 1.49 1.54 13.63 MIN Residential Units 29 0 0 0 0 29 MAX Residential Units 128 85 56 38 39 150 MAX Block Gross Density (DUA) 1 25 26 23 25 25 11 Notes to Table C: 1.) Total number of residential units in Albemarle Business Campus shall not exceed 150. Submitted: March 16, 2020 SHIMP ENGINEERING, P.C. ZMA2019-03 Coy 13 ALBEMARLE BUSINESS CAMPUS A NEIGHBORHOOD MODEL DISTRICT ZMA201900003 I Code of Development TABLE D. GREENSPACE & AMENITIES BLOCK 1 BLOCK 2 BLOCK 3 BLOCK 4 BLOCK 5 TOTAL Amenity Area MIN SF 23,749 Minimum 20% of NMD to be designated as amenity space 118,745 Amenity Area MIN % 10.7% Minimum 20% of NMD to be designated as amenity space 20% Sidewalk, Dog Sidewalk, Pedestrian Sidewalk, Multi -use Sidewalk, Multi -use Sidewalk, Pedestrian Park, Clubhouse, Paths, Dog Park, Path, Central Park, Path, Central Park, Path Amenities Playground, and/or Linear Pocket Park Courtyard Courtyard Other Designed Landscaping Green Space MIN SF 23,749 Minimum 20% of NMD to be designated as green space 118,745 Green Space MIN % 10.7% Minimum 20% of NMD to be designated as green space 20% Sidewalk, Dog Park, Sidewalk, Pedestrian Sidewalk, Multi -use Sidewalk, Multi -use Sidewalk, Pedestrian Playground, and/ Paths, Dog Park, Path, Central Park, Path, Central Park, Path Green Space Elements or Other Designed Linear Pocket Park Courtyard Courtyard Landscaping Amenity + Green Space MIN % 10.7% Minimum 20% of NMD to be designated as amenity + green space 20% Notes to Table D: 1.)A minimum of 20% of Albemarle Business Campus shall be designated as green space and amenity area. Twenty percent of each block may not be designated as green space and open space however, the overall gross area of the property to be rezoned shall be designated as green space and amenity area. 2.) Section 4.16 of the Zoning Ordinance shall apply to all recreational facilities and any substitutions shall be assessed at the site plan stage of development. 3.) Amenities and green space elements may be a combination of the elements provided above. 4.) Amenity and Green Space Area in Block 1 is a minimum of 10.7% of the gross area of Block 1 and constitutes a minimum of 20% of the total amenity and green space area required within the NMD. 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 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. Submitted: March 16, 2020 SHIMP ENGINEERING, P.C. ZMA2019-03 Coy 14 TABLE E. LOT & BUILDING REGULATION BLOCK 1 IBLOCK 2 IBLOCK 3 IBLOCK 4 IBLOCK 5 Building Height Stories 1 Min - 3 Max 1 Min - 4 Max 2 Min - 4 Max 1 Min - 3 Max 1 Min - 3 Max Height 5' 60' 60' 50' 50' Setbacks Front 5' Min 5' Min - 30' Max 5' Min - 30' Max 5' Min - 30' Max 5' Min - 30' Max Side 5' Min None None None None Rear 10' None None None None it iN one and Rear Fone [ding Footprint amum Single ding Footprint Size rr each story that begin ,ove 40' in height or r each story above the ird story, whichever less, the minimum °Pback shall be 15 feet ►r each story that begii ,ove 40' in height or r each story above the ird story, whichever less, the minimum :Pback shall be 15 feet one 40 >r each story that begit love 40' in height or r each story above the ird story, whichever less, the minimum °Pback shall be 15 feet one or each story that egins above 40' in eight or for each story bove the third story, rhichever is less, the iinimum stepback shall e 15 feet Minimum Lot Size rone lNone one one lNone Notes to Table E: 1.) Porches, eaves, and awnings shall be considered part of the structure and shall not extend closer to the street than the required setbacks. 2.) The precise number of minimum required parking spaces shall be determined at the site plan phase of development depending on density, types o 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. 3.) Minimum building separation shall be required per Section 4.11 of the Zoning Ordinance. 4.) Side setbacks for structures in Block 1 may be reduced for structures sharing a common wall. 5.) Front setbacks shall be measured from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way. 6.) Dumpsters and Dumpster Pads on the Property shall be screened pursuant to Section 4.12.19. 7.) R&D/Flex and Light Industrial building footprints shall be limited to 20,000 SE Submitted: March 1, 6, 2020 ZMA2019-03 COD 15 AFFORDABLE HOUSING 15% of the total residential dwelling units built within areas designated for residential use 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. 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 (PITI) do not exceed thirty percent (30%) of the gross household income. 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 desi nee does not provide a qualified purchaser SHIMP ENGINEERIN, P.C. ALBEMARLE BUSINESS CAMPUS A NEIGHBORHOOD MODEL DISTRICT ZMA201900003 I Code of Development 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. For -Rent Affordable Dwelling Units: 1.) 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 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"). 2.) 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 Submitted: March 16, 2020 ZMA2019-03 COD 16 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. 3.) 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. 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 SHIMP ENGINEERING, P.C. ALBEMARLE BUSINESS CAMPUS A NEIGHBORHOOD MODEL DISTRICT ZMA201900003 I Code of Development 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. Submitted: March 16, 2020 ZMA2019-03 COD 17