HomeMy WebLinkAboutZMA202000005 Code of Development 2020-12-07CODE OF DEVELOPMENT
FOR
ZMA 2020-00005
OLD DOMINION VILLAGE
TMP 05600-00-00-067BO
1263 PARKVIEW DRIVE
TMP 05600-00-00-074AO
5258 THREE NOTCH'D ROAD
CURRENT ZONING
PROPOSED ZONING
NEIGHBORHOOD MODEL - NMD
DATE: May 18, 2020
REVISED: November 9, 2020
1 11/9/2020
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 05600-00-00-067BO and 05600-00-00-
074A0, both properties are located in the Crozet development area. 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: By -Right Use, Special Permit Use, and Not Permitted
BLOCK 1
BLOCK 2
BLOCK 3
BLOCK 4
BLOCK 5
BLOCK 6
BLOCK 7
BLOCK 8
BLOCK 9
BLOCK 10
Commercial
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Single Family Detached
N
N
N
N
N
N
BR
N
N
N
Single Family Attached
N
BR
BR
BR
BR
BR
N
BR
BR
BR
Home Occupation
N
BR
BR
BR
BR
BR
N
BR
BR
BR
Non- Residential
Veterinary Clinic Service
BR
N
N
N
N
N
N
N
N
N
Medical Office
BR
N
N
N
N
N
N
N
N
N
Country Store
BR
N
N
N
N
N
N
N
N
N
Child Day Care
BR
N
N
N
N
N
N
N
N
N
Private School
BR
N
N
N
N
N
N
N
N
N
Utilities
Public Utilities
BR
BR
BR
BR
BR
BR
BR
BR
BR
BR
Private Utilities
BR
BR
BR
BR
BR
BR
BR
BR
BR
BR
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Notes to Table A:
1. Section 5. 1. 11 -commercial kennel, veterinary service, office or hospital, animal hospital, animal shelter.
Each commercial kennel, veterinary service, office or hospital, animal hospital, animal shelter shall be subject to the following.
a. Except where animals are confined in soundproofed, air-conditioned buildings, no structure or area occupied by animals shall be closer than 500 feet to any agricultural or residential lot line. For
non -soundproofed animal confinements, an external solid fence not less than six feet in height shall be located within 50 feet of the animal confinement and shall be composed of concrete block,
brick, or other material approved by the zoning administrator.
b. For soundproofed confinements, no such structure shall be located closer than 200 feet to any agricultural or residential lot line. For soundproofed and non -soundproofed confinements, sound
measured at the nearest agricultural or residential property line shall not exceed 55 decibels.
c. In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m.
d. In areas where such uses may be in proximity to other uses involving intensive activity such as shopping centers or other urban density locations, special attention is required to protect the public
health and welfare. To these ends the commission and board may require among other things. Separate building entrance and exit to avoid animal conflicts. Area for outside exercise to be exclusive
from access by the public by fencing or other means.
2. The Project must contain at least two housing types with two parking spaces per Dwelling. Parking for Dwellings shall be one space in driveway and one space in garage.
3. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by -right, a use not specifically permitted; provided that such use shall be similar
to uses permitted by -right in general character and more specifically, similar to uses permitted by -right in general character and more specifically, similar in terms of location requirements, operational
characteristics, visual impact and traffic generation.
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11. Development Acreage Proposed and Residential Density (Section 20A.5b and c)
Table B: Density, Housing Type and Non -Residential Use by Block
BLOCK 1
BLOCK 2
BLOCK 3
BLOCK 4
BLOCK 5
TOTAL
UDR
BLOCK 6
BLOCK 7
BLOCK 8
BLOCK 9
BLOCK 10
TOTAL
NDR
Commercial
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Block Area (Acres)
0.75
0.46
0.78
1.26
0.80
4.52(2)
0.31
2.17
1.15
0.21
0.44
9.35(3)
Min Allowable Units
NA
5
6
10
6
27
2
8
12
3
3
28
Max Allowable Units
NA
10
12
19
13
54
3
16
24
6
7
56
Min Non -Residential Use
Gross Floor Area (SF)
3,171
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
Max Non -Residential Use
Gross Floor Area (SF)
5,000
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
Notes to Table B:
1. The proposed development meets the future land use plan recommendations for Urban Density Residential (UDR) and Neighborhood Density Residential (NDR) as shown on the Crozet Comprehensive
Use Plan. Refer to Project Narrative for minimum and maximum allowable unit calculations for UDR and NDR.
2. The net area for UDR is 4.52 acres.
3. The net area for NDR is 9.35 acres.
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III. Green Space & Amenities (Section 20A.5d)
Table C. Amenities, Green Space, and Civic Areas
Amenity
Green
Area
Amenity
Space
Green
Amenity
Acreage
Area %
Amenities
Acreage
Space %
Green Space Elements
& Green Space %
Amenity 1
0.17
Dog Park
Amenity 2
4.49
Recreation space
Clubhouse with
Picnic Area.
Amenity 3
0.85
Playground with
slides, swings, and
climbing features.
Future Greenway
Green Space 1
Trails to be provided
5.63
WPO Buffer
by County
Future Greenway
Green Space 2
Trails to be provided
4.49
WPO Buffer
by County
Green Space 3
0.30
SWM/BMP Facility
TOTAL
5.51
23.3%
8.06
34.0%
57.3%
Notes to Table C:
1. Total area of the property is 23.68 Acres.
2. Section 4.16 of the Zoning Ordinance shall apply to all recreational facilities and shall be assessed at the site plan stage of development.
3. In reference to 20A.9 and recreation areas provided in accordance with 4.16 count as amenities include indoor or outdoor areas designed and accessible to persons living or working within the development
area. An outdoor area will include but not be limited to playgrounds, pedestrian paths, courtyards, and paved pedestrian areas for gatherings. An indoor area of activity can include but not limited to gyms,
picnic areas. Amenities may be located in required green space.
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IV. Lot & Building Height Regulation (Section 20A.i)
Table D: Building height, Setbacks, Lot Areas. Parking
BLOCK 1
BLOCK 2
BLOCK 3
BLOCK 4
BLOCK 5
BLOCK 6
BLOCK 7
BLOCK 8
BLOCK 9
BLOCK 10
Commercial
SFA
SFA
SFA
SFA
SFA
SFD
SFA
SFA
SFA
Building Height
Stories
1 Min. - 2 Max.
1 Min. - 3 Max.
1 Min. - 3 Max.
1 Min. - 3 Max.
1 Min. - 3 Max.
1 Min. - 3 Max.
1 Min. - 3 Max.
1 Min. - 3
Max.
1 Min. - 3 Max.
1 Min. - 3 Max.
Height
25'
35'
35'
35'
35'
35'
35'
35'
35'
35'
Setbacks
Front
0' Min. — 105'
Max.
27' Min.
40' Max.
27' Min.
40' Max.
20' Min.
30' Max.
20' Buffer Area
20' Min.
30' Max.
20' Buffer Area
20' Min.
30' Max.
20' Buffer Area
27' Min.
50' Max.
27' Min.
40' Max.
27' Min.
40' Max.
27' Min.
40' Max.
Side
0' Min.-30' Max.
5' Min.
5' Min.
5' Min.
5' Min.
5' Min.
5' Min.
5' Min.
5' Min.
5' Min.
Rear
0' Min — 25' Max
10' Min.
(No Max.)
10' Min.
(No Max.)
20' Min.
(No Max.)
20' Min.
(No Max.)
10' Min.
(No Max.)
20' Min.
20' Buffer Area
(No Max)
10' Min.
(No Max.)
10' Min.
(No Max.)
10' Min.
(No Max.)
Residential Lot Area
Min Lot Area
None.
None.
None.
None.
None.
None.
None.
None.
None.
None.
Parking
Min Required
10 - 15,
depending on net
floor of building
10-20,
depending on
unit count etc.
12-24,
depending on
unit count etc.
20-38,
depending on
unit count etc.
12-26,
depending on
unit count etc.
4-6,depending
on unit count
etc.
16-32,depending
on unit count etc.
24-48,
depending on
unit count etc.
6-12,
depending on
unit count etc.
6-14,
depending on
unit count etc.
Maximum
Required
10-15
20
24
38
26
6
32
48
12
14
Notes to Table D:
1. Porches, eaves and awnings shall not be considered part of the structure and may extend a maximum of 5' into the front setback.
2. Blocks 4, 5 and 6 shall have a 20' Buffer Area along the front of the lots for screening per Section 32.9.7(d).
3. Block 7 shall have a 20' Buffer Area along the rear of the lots for screening per Section 32.9.7 (d).
4. The number of required parking spaces shall be determined during the site plan phase of development depending on density, types of residential units, and commercial uses pursuant to Section 4.12.6.
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V. Architectural Standards and Landscape Treatment (Sections 20A.5g and h)
1. 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.
2. Residential structures in Blocks 1, 3, 4, 5, 7, 8, 9 & 10 shall front on the internal streets. Residential structures in Blocks 4, 5 and 6 shall front on Route 240, with driveway connections to internal streets.
3. Screening trees shall be planted in a 20' buffer along the southern boundary of Blocks 4, 5 & 6, and a 20' buffer along the eastern boundary of Block 7. Screening shall consist of double staggered row of
evergreen trees.
4. Street trees shall be deciduous and located in a 5' landscape strip on each side of internal private streets.
5. Frontage Improvements along Route 240 shall include curb and gutter, deciduous street trees located in a 6' landscape strip, and 8' wide asphalt Multi -Use Path.
6. Transportation network, including vehicular, pedestrian and bicycle facilities will be served by private roads and 8' wide asphalt Multi -Use Path on the internal streets.
7. All internal streets shall be private and maintained by an HOA.
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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 maybe 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 period often (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 ForRent 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. Trackine. 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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