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HomeMy WebLinkAboutZMA202000011 Code of Development 2021-01-04 (2)Premier Circle, ZMA 2020-00011 September 21, 2020; Second Submission November 20, 2020; Third Submission January 4, 2021 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 Non- residential Mixed -Use or Residential Residential Single Family Detached N N Single Family Attached N N Multifamily N 1 BR Assisted Living Facilities (20A.8a) N BR Skilled Nursing Facilities (20A.8a) N BR Group Homes (20A.8a) N BR Transient Lodging N 1 BR Home Occupation, Class A N BR Accessory Uses and Buildings Including Storage N 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 Stand Alone Parking N N Heavy Manufacturing / Storage / Distribution N N Warehousing/Distribution BR N Institutional BR SP Public Uses (5.1.12) BR BR Farmers' Markets (5.1.47) BR BR Family Day Homes (5.1.56) BR BR Childcare Center BR BR Auto Service Uses N N 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 Premier Circle, ZMA 2020-00011 September 21, 2020; Second Submission November 20, 2020; Third Submission January 4, 2021 BLOCK BLOCK 1 BLOCK 2 Mixed -Use or Non- residential Mixed -Use or Residential 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 BR BR Notes to Table A: 1. Use of all units within the existing buildings identified on the application plan as Buildings A, B, C, and Building D is permitted as multifamily housing or transient lodging until the redevelopment of the site occurs per the phasing plan outlined on the application plan. 2. 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. 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. Premier Circle, ZMA 2020-00011 September 21, 2020; Second Submission November 20, 2020; Third Submission January 4, 2021 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 MAX NON- MIN NON- MAX NON - BLOCK DWELLING DWELLING PROJECT HOUSING RESIDENT. SINGLE RESIDENT. RESIDENT. SIZE UNITS UNITS 1 GROSS TYPES BUILDING GROSS BUILDING GROSS BUILDING DENSITY FOOTPRINT (SF) AREA AREA BLOCK 1 46,609 0 01 0 DUA NA 1 20,0005 5,000 40,000 Non- SF(1.07 Residential acres) BLOCK 116,740 80 1401 37 DUA Multifamily, 5,000 0 35,000 Mixed -Use SF (2.68 Special or acres) Needs Residential Housing TOTAL 163,335 80 1401 37 DUA MF, SNH 20,0005 5,000 40,000 SF (3.75 acres) Notes to Table B: 1. Use of all units within the existing buildings identified on the application plan as Buildings A, B, C, and Building D is permitted as multifamily housing or transient lodging until the redevelopment of the site occurs per the phasing plan outlined on the application plan. 2. 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. 3. 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. 4. The size of the blocks may vary by 10%. 5. Resodential uses an 91EIGk 1 are not permitted. on the ground floor At final Wild out. The primary 5. The maximum non-residential single building footprint area is 10,000 sf for retail -only uses. Premier Circle, ZMA 2020-00011 September 21, 2020; Second Submission November 20, 2020; Third Submission January 4, 2021 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, (9,322 of Corridor Residential 46,609 Seating, 46,609 Landscape total SF) Streetscape, total SF) and Playgrounds Streetscape Block 11,674 10% Outdoor 23,348 20% Landscaped 20% Mixed -Use (11,674of Courtyards/Plazas (23,348 Bufferand or 116,740 with Landscaping of Streetscape Residential total SF) and Seating; 116,740 at Premier Meditative Garden; total SF) Indoor Community Rooms; Indoor Computer Rooms, Playgrounds TOTAL 16,3355 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. 5. A minimum of 2,500 sf of Amenity Space must be provided by the end of Phase 1 redevelopment of the site per the phasing plan outlined on the Application Plan. Premier Circle, ZMA 2020-00011 September 21, 2020; Second Submission November 20, 2020; Third Submission January 4, 2021 TABLE D: RECREATIONAL FACILITY REQUIREMENTS BLOCK FACILITY MIN. FACILITY AREA SF Recreational requirements will meet 4.16 unless Recreational requirements will substitutions are approved by the Planning Director meet 4.16 unless substitutions are at the site plan stage. If Planning Director approves approved by the Planning Director the substitution, one (1) 2,000 sf contiguous at the site plan stage. If approved, community garden may be provided as substitution a 2,000 SF contiguous space must for the requirements of 4.16 per each residential be provided per community garden multifamily building constructed. If a community with proportions adequate to the garden is provided, the garden shall provide the associated activity. following: • raised garden beds • a continuous perimeter fence • accessibility Blocks 1 & 2 • adequate sun exposure 0 adequate size, location, shape, slope and condition of the land • a water source • a plan for long-term maintenance Recreational requirements will meet 4.16 unless Recreational requirements will substitutions are approved by the Planning Director meet 4.16 unless substitutions are at the site plan stage. If Planning Director approves approved by the Planning Director the substitution, one (1) 500 sf interior fitness room at the site plan stage. If approved, may be provided as substitution for the a 500 SF min space per fitness requirements of 4.16 per each residential room with proportions adequate to multifamily building constructed. This fitness room fitness and required clearances shall provide equipment appropriate for the around equipment. residents to whom it serves. Notes to Table D: 1. Location of recreational facilities shall be assessed at the site plan stage of development and substitutions other than those listed above may be approved by the planning director to provide recreational space(s) appropriate to the population and demographic of this project. 2. Recreational facilities must be accessible to the residents whom 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. Premier Circle, ZMA 2020-00011 September 21, 2020; Second Submission November 20, 2020; Third Submission January 4, 2021 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. 4. The landscaping shall allow for future potential pedestrian paths or sidewalks to comply with Urban Frontage or Landscape Development Frontage as described in the Places29 Master Plan adopted February 2, 2011, revised June 10, 2015. 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 Circle, ZMA 2020-00011 September 21, 2020; Second Submission November 20, 2020; Third Submission January 4, 2021 V. Lot and Building Height Regulations (Section 20A.5 i) TABLE E. LOT AND BUILDING REGULATIONS BLOCK 1 BLOCK 2 Non -Residential Mixed -Use or Residential Building Height Stories 1 Min. 1 Min. Min. 4 Max. z 4 Max. Max. Max. Height 50' 50' Building Setbacks Front at Entrance Corridor 30' Min. — 50' Max. NA Front 10' Min.-50' Max. 5' Min. (No. Max.) Rear 10' Min. (No Max.) 5' Min. (No Max.) Side 5' Min. (No Max.) 0' Min. (No Max.) Along the UDA Boundary (also described as the northwest property line NA 50' Min. (No Max.) between the Property and Berkley Subdivision) Stepback along building face that directly faces UDA Boundary (also described as the northwest property line between the Property and Berkley Subdivision) Min. NA 15' At Building Height Of 3 Stories (OR 40') Other Lot Size (Min. or Max.) None None Residential Units Allowable See TABLE B Residential Unit Type Parking Min. Required 20-133, depending on mixture of 28-106, depending on unit count, etc. uses Total Required 1 48-239, 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 pursuant to the Zoning Ordinance Section 4.11. Premier Circle, ZMA 2020-00011 September 21, 2020; Second Submission November 20, 2020; Third Submission January 4, 2021 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' 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. 7. Total building height may only be 3 stories for retail uses per the Places29 Master Plan adopted February 2, 2011, revised June 10, 2015. Figure 1: LOT AND BUILDING REGULATIONS ILLUSTRATED (A 4 STORIES MAX. BLOCK 2 ® 50' MIN. BUILDING SETBACK AT UDA BOUNDARY WITH 20' LANDSCAPE BUFFER AT BOUNDARY LINE ®15' BUILDING STEPBACK AT UDA BOUNDARY/BOUNDARY AT RESIDENTIAL NEIGHBORHOOD AT 3RD STORY (E) 4 STORIES MAX. BLOCK 1 (C�5' MIN. FRONT AND REAR SETBACK BLOCK 2 © 30' MIN. - 50' MAX. FRONT SETBACK AT ROUTE 29 WITH EXCEPTION FOR SETBACK AT UDA BOUNDARY O' MIN. SIDE SETBACK BLOCK 2 C9 5' MIN. SIDE SETBACK BLOCK 1 Premier Circle, ZMA 2020-00011 September 21, 2020; Second Submission November 20, 2020; Third Submission January 4, 2021 VI. Parking Regulations (Section 20A.5 i) TABLE F. RESIDENTIAL PARKING REQUIREMENTS RESIDENTIAL USE NUMBER OF PARKING SPACES 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 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). Premier Circle, ZMA 2020-00011 September 21, 2020; Second Submission November 20, 2020; Third Submission January 4, 2021 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 1S 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. S. 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. VIII. Pedestrian Circulation and Access to Public Transit 1. On -site Bus Stop: The Applicant shall construct a Charlottesville Area Transit (CAT) stop (the "Transit Stop") on the Property along the frontage of Premier Circle in the approximate location shown on the Application Plan or as otherwise agreed among the County, CAT, and the Applicant. The Transit Stop shall be constructed and placed in service at the demand of the County and shall be designed and constructed in coordination with, and shall be approved by, the appropriate County authority and CAT. If any portion of the Transit Stop is located on the Property, the Owner shall dedicate it to public use or grant an easement as necessary to allow for the public access and usage of the Transit Stop. 2. Inter -parcel Pedestrian Connection: The Application Plan shows potential future pedestrian connections between the Property and the parcels along the northeast side of Westfield Road. Any such future pedestrian connection will be subject to future development and access easement agreements; therefore, it is not intended that any or all depicted connections will be made, rather that these are identified as potential points of connection to future development on the neighboring property(ies). The connections may provide a direct route for residents to access the future development of a Neighborhood Service Center and to the existing bus stop on Commonwealth Drive. The Applicant will grant such inter -parcel easement(s) across the Property at the request of the County. 10