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HomeMy WebLinkAboutARB202000102 Code of Development 2020-09-22Premier Apartments, ZMA 202000057 September 21, 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 061M0-00-00-00600. This Code of Development establishes the unifying design guidelines, specific regulations and block characteristics. The COD also provides certainty about 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 SP Single Family Attached N BR Multifamily BR BR Special Needs Housing BR BR Transient Lodging BR BR Group Homes BR BR Accessory Uses BR BR Non -Residential Retail (Neighborhood, Community and Regional) BR BR General Commercial Service BR BR Office/R&D BR BR Flex BR BR Light Manufacturing/Storage/Distribution BR SP Heavy Manufacturing / Storage / Distribution N N Warehousing / Distribution BR N Institutional BR SP Stand-alone parking BR BR Public Uses (5.1.12) BR BR Farmers' Markets (5.1.47) BR BR Family Day Homes (5.1.56) 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 / sewage collection lines, pumping stations / appurtenances owned and operated by the ACSA. Except as otherwise expressly provided, central water supplies / central sewage systems in conformance with all applicable law. BR BR Temporary construction uses BR BR 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 and Buildings including home occupation, Class A and storage 1311 1311 Premier Apartments, ZMA 202000057 September 21, 2020 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 18-4.12. 3. The Project must contain at least two uses at final build -out. 4. The Owner shall provide affordable housing equal or greater than sixty percent (60%) of the total number of residential dwelling units constructed on the Property. See section VII of this Code of Development for Supplemental Regulations regarding Affordable Housing and Residential Uses. II. Development Square Footage Proposed and Residential Density (Section 20A.b and c) TABLE B. DENSITY, HOUSING TYPE, AND NON-RESIDENTIAL USE BY BLOCK BLOCK APPROX. MIN. MAX. MAX PERMITTED MIN NOW MAX BLOCK DWELLING DWELLING PROJECT HOUSING RESIDENTIAL NONRESIDENTIAL SIZE UNITS UNITS GROSS TYPES SF SF DENSITY BLOCK 46,609 0 12 Multifamily, Soo 20,0004 Non- SF (1.07 Special Residential acres) Needs Housing BLOCK 2 116,740 80 140 Single Family 0 10,000 Residential SF (2.68 37 DUA Attached, acres) Multifamily, Special Needs Housing TOTAL 163,335 80 140 37 DUA MF, SNH, Soo 20,000 SF (3.75 SFA acres) Notes to Table B: 1. Total maximum non-residential square footage per the Project may not exceed the total however the total square footage may be allowed in Block 1 only. 2. Total maximum gross density may not exceed 140 dwelling units for the entire Project, however the total density may be allowed in Block 2 only. 3. The size of the blocks may vary by 10%. 4. Total maximum non-residential square footage per the Project may increase to 40,000 sf of single building footprint for office -only use per the Places29 Master Plan adopted February 2, 2011, revised June 10, 2015. Premier Apartments, ZMA 202000057 September 21, 2020 5. Residential uses in Block 1 are not permitted on the ground floor. The primary use in Block 1 shall be non-residential. III. Green Space, Amenities (Section 20A.5d) and Recreational Facilities TABLE C. MINIMUM GREEN SPACE AND AMENITIES BY BLOCK AMENITY AMENITY AMENITIES GREEN GREEN GREEN SPACE AMENITY AREA AREA SPACE SPACE ELEMENTS & GREEN MIN SF % MIN SF % SPACE Block 1 4,661 10% Courtyard/Plaza, 9,322 20% Entrance 20% Non- (4,661 of Landscaping, (9,211 of Corridor Residential 46,609 Seating, 46,609 Landscape total SF) Streetscape total SF) and Streetscape Block 2 11,674 10% Outdoor 23,348 20% Landscaped 20% Residential (11,674 of Courtyards/Plazas (23,348 Buffer and 116,740 with Landscaping of Streetscape total SF) and Seating; 116,740 at Premier Meditative Garden; total SF) Community Gardens TOTAL 16,335 10% 32,670 20% 20% (16,335 of (32,670 163,350 of total SF) 163,350 total SF) Notes to Table C: 1. Location of amenities and greenspace shall be assessed at the site plan stage of development. 2. The minimum amenity space and greenspace area per block may vary so long as the overall total is provided per the Project. 3. Amenity Space maybe provided within buildings. 4. Amenity Space maybe within Greenspace per the Zoning Ordinance Section 20A.9.d. TABLE D: RECREATIONAL FACILITY REQUIREMENTS BLOCK FACILITY MIN. FACILITY AREA SF Blocks 1 & 2 One (1) 2,000 sf contiguous community garden 2,000 SF contiguous space per space per each residential multifamily building garden with proportions adequate constructed. This garden shall provide the following: to the tasks required while • raised garden beds gardening • a continuous perimeter fence • accessibility • adequate sun exposure • adequate size, location, shape, slope and condition of the land • a water source Premier Apartments, ZMA 202000057 September 21, 2020 Notes to Table D: 1. Location of recreational facilities shall be assessed at the site plan stage of development. 2. Recreational facilities must be accessible to the residents to which they serve and are not required to be accessible to the public. IV. Architectural Standards and Landscape Treatment (Sections 20A.5g and h) Landscaped Buffer Next to Street A Landscaped Buffer shall be provided adjacent to the Entrance Corridor as specified in the Entrance Corridor Design guidelines, subject to the following conditions: 1. Street trees shall be appropriate for the grade of the terrain. 2. Street trees shall be placed to avoid utility easements and overhead powerlines when possible. 3. A row of vegetative screening as specified in Section 18-32.7.9.7 shall be used adjacent to parking along the Entrance Corridor. Landscaping Along Premier Circle Landscaping along Premier Circle and any interior roads shall be provided as specified in Interior Roads section of the Entrance Corridor Design guidelines. Landscaping of Buildings and Other Structures at Entrance Corridor Landscaping along Buildings in Block 1 shall be provided as specified in the Entrance Corridor Design guidelines. Landscaping of Parking Areas Landscaping in parking areas in Block 1 adjacent to the Entrance Corridor shall be provided as specified in the Entrance Corridor Design guidelines. Landscaped Buffer Next to UDA Boundary A 20' minimum landscaped Buffer shall be provided adjacent to the UDA Boundary as described in the "Future Land Use Plan and Transportation Network" Section of the Places29 Master Plan adopted February 2, 2011, revised June 10, 2015 also described as the northwest property line between the Property and Berkley Subdivision. This buffer must contain a mixture of ever green or deciduous trees and shrubs and provide screening to comply with the Zoning Ordinance Section 32.7.9.7 where required. This buffer may be disturbed but must be replanted. Premier Apartments, ZMA 202000057 September 21, 2020 V. Lot and Building Height Regulations (Section 20A.5 i) TABLE E. LOT AND BUILDING REGULATIONS BLOCK 1 BLOCK 2 Mixed Use Residential Building Height Stories Min. Max. 1 Min. 3 Max. 1 Min. 4 Max. Max. Height 35' so, Building Setbacks Front at Entrance Corridor 30' Min. —SO' Max. NA Front 10' Min. —SO' Max. 5' Min. (No. Max.) Rear 10' Min. (No Max.) 5' Min. (No Max.) Side 5' Min. (No Max.) 0' Min. (No Max.) UDA Boundary NA 50' Min. (No Max.) Stepback at UDA Boundary Min. At Building Height Of NA 15' 3 Stories (OR 40') Other Lot Size (Min. or Max.) None None Residential Units Allowable See TABLE B Residential Unit Type Parking Min. Required 2 —80, depending on mixture of uses 28 —182, depending on unit count, etc. Total Required 1 30-262, depending on mixture of uses 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 and types of residential units pursuant to Section VI of this Code of Development and non-residential uses pursuant to 18-4.12.6 . Minimum parking requirements may restrict some uses that historically require large amounts of parking. Multiple parking alternatives per 18-4.12 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 18-4.11 of the Zoning Ordinance. 4. Any primary structure in Block 1 shall conform to provisions of the Entrance Corridor Design Guidelines. 5. Dumpsters and Dumpster Pads on the Property shall be screened pursuant to the Zoning Ordinance Section 4.12.19. 6. At the UDA Boundary as described in the "Future Land Use Plan and Transportation Network" Section of the Places29 Master Plan adopted February 2, 2011, revised June 10, 2015 also described as the NW property line between the Property and Berkeley Subdivision, a 20' Premier Apartments, ZMA 202000057 September 21, 2020 minimum landscaped buffer shall be maintained as measured from the property line. See Section IV. of this Code of Development for more regulations regarding the Landscaped Buffer Next to the UDA Boundary. Figure 1: LOT AND BUILDING REGULATIONS ILLUSTRATED Le:1�.z.18 r,� s 64 STORIES MAX. BLOCK 2 ® 50' MIN. BUILDING SETBACK AT UDA BOUNDARY WITH 20' LANDSCAPE BUFFER AT BOUNDARY LINE ®15' BUILDING STEPBACK AT UDA BOUNDARY AT 3RD STORY (P5' MIN. FRONT AND REAR SETBACK BLOCK 2 WITH EXCEPTION FOR SETBACK AT UDA BOUNDARY 0' MIN. SIDE SETBACK BLOCK 2 VI. Parking Regulations (Section 20A.5 i) (E) 3 STORIES MAX. BLOCK 1 f) 30' MIN. - 50' MAX. FRONT SETBACK AT ROUTE 29 D 5' MIN. SIDE SETBACK BLOCK 1 TABLE F. RESIDENTIAL PARKING REQUIREMENTS RESIDENTIAL USE NUMBER OF PARKING SPACES single family attached 1 bedroom 1.3 2+bedrooms 1.3 multifamily <500 sf 0.35 1 bedroom 1.3 2+bedrooms 1.3 special needs housing <500 sf 0.35 1 bedroom 1.3 2+bedrooms 1.3 0 Premier Apartments, ZMA 202000057 September 21, 2020 Location of Parking 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 the uses described in Table E in section VI of this Code of Development and pursuant to the Zoning Ordinance Section 4.12.6. 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. Screening Pursuant to the Zoning Ordinance Section 32.7.9.7, the parking areas along Premier Circle and Route 29 boundaries of the Property are required to be screened as specified in the Zoning Ordinance Section 32.7.9.7(b). VII. Supplemental Regulations for Affordable Housing and Residential Uses The Owner shall provide affordable housing equal or greater than sixty percent (60%) of the total number of residential dwelling units constructed on the Property, subject to the following conditions: 1. These units may be created as for -sale or for -rent. The affordable housing objective may be met through any of the permitted housing types per Section I of this Code of Development. 2. "For -Sale Affordable Housing Units" shall be a residential unit offered for sale to Qualifying Families with evidence of incomes 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. All purchasers of for -sale affordable units shall be approved by Albemarle County Community Development Department or its designee. The Owner shall provide the County or its designee a period of 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 Albemarle County or its designee does not provide a qualified purchaser within this 120-day period for such For -Sale Affordable Housing Units, the Owner shall have the right to sell the unit(s) without any restriction on sales price or income of the purchaser(s). 3. "For -Rent Affordable Housing Units" shall be a residential unit offered for rent to Qualifying Families with evidence of incomes less than eighty percent (80%) of the area median income (as determined by HUD from time to time) at an initial rent that does not exceed the then - current and applicable U.S. Department of Housing and Urban Development (HUD) Fair Market Rents minus an allowance for any tenant -provided utilities. The designated affordable rental units shall remain affordable for a minimum of 10 years after initial occupancy. 4. Affordable Units shall also be defined as a for -rent or for -sale dwelling unit for households with income less than 80% or below the Area Median Income (AMI) as determined by the U.S. Department of Housing and Urban Development such that housing costs do not exceed HUD's affordability standard of thirty percent (30%) of household income. Premier Apartments, ZMA 202000057 September 21, 2020 5. Each subdivision plat or site plan shall designate the number of affordable units provided and the minimum number of required affordable units per the Code of Development.