HomeMy WebLinkAboutZMA201800013 Staff Report 2021-06-18COUNTY OFALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA201800013 Rio West
Staff: Rachel Falkenstein
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
June18, 2019
July 17, 2019
Owner: Auto LLC
Applicant: Shimp Engineering
Acreage: 3.32 acres
Rezone from: C1 Commercial
TMP: 04500000010000, 045000000100A0,
By -right use: C1 Commercial which allows retail sales
04500000010100, 045000000101 BO
and service; residential by special use permit (15
Location: 664 Rio Road West, Charlottesville, VA
units/ acre)
22911
Magisterial District: Rio
Proffers: Yes
Proposal: Rezone 3.3 acres from C1 Commercial to
Requested # of Dwelling Units: up to 112 units
NMD Neighborhood Model District - residential (3 — 34
units/acre) mixed with commercial, service, and
industrial uses. A max of 112 units is proposed for a
density of approximately 34 units/acre.
DA (Development Area): Neighborhood 1 — Places29
Comp. Plan Designation: Core Area within Rio29 Small
Development Area; Rio29 Small Area Plan Boundary
Area Plan- area intended to have the highest intensity of
development with a mix of uses including residential,
commercial, retail, office, institutional and employment
uses. Buildings with heights of 3-6 stories, built close to
the street, with pedestrian access and relegated parking &
Flex Area within Rio29 Small Area Plan — area intended to
allow a flexibility of uses including residential, commercial,
retail, office, institutional and employment uses. Buildings
with heights of 2-5 stories, built close to the street, with
pedestrian access and relegated parking.
Character of Property: Mostly undeveloped property
Use of Surrounding Properties Most adjacent uses are
with some areas of woods, sloping down from Rio
commercial including retail, self -storage, auto sales and
Road with one single family home.
service; 2 single family homes and a small apartment
building to the west.
Affordable Housing: Yes ®
AMI (Area Median Income): 80% AMI; 15% of units will
No ❑
be affordable rental units for those qualifying
Factors Favorable:
Factors Unfavorable:
1. The proposed development is supportive of the
1. There is nothing within the COD or proffers that will
vision and recommendations of the Rio29
guarantee a mix of uses on this site and nothing that
Connectivity Chapter and will accommodate the
will preclude the construction of only the block 2
desired Rio Rd streetscape along the frontage of
storage building and surface parking lot. Such a
this site through dedication of right of way for
development would not be in keeping with the vision
future streetscape improvements, installation of an
of the Rio29 Small Area Plan nor the intent of the
8' sidewalk, and street trees.
Neighborhood Model District (NMD) zoning.
2. The proposed development is supportive of the
2. The COD, application materials, and proffers need
vision and recommendations of the Rio29
several minor clarifying changes and small
Conservation Chapter. The applicant will construct
substantive changes prior to BOS approval, as
a section of shared use path and is providing on-
described in this report and summarized in
site open space in an area shown for a path and
Attachment 6.
linear park in the Plan.
3. If the block 1 building is constructed, the proposed
development is supportive of the vision and
recommendations of the Rio29 Character
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Chapter, by providing a development that will
create a human -scale built environment and
contribute to the mix of uses in the area.
RECOMMENDATION: Staff does not recommend approval of ZMA201800013 until staff recommendations in
Attachment 6 are met, inclusive of a commitment to the timing of the block 1 construction.
STAFF PERSON: Rachel Falkenstein
PLANNING COMMISSION: June 18, 2019
BOARD OF SUPERVISORS: July 17, 2019
ZMA 201800013 Rio West
PETITION
PROJECT: ZMA201800013 Rio Road W
MAGISTERIAL DISTRICT: Rio
TAX MAP/PARCEL: 04500000010000, 045000000100A0, 04500000010100, 045000000101 BO,
LOCATION: 664 Rio Road West, Charlottesville, VA 22911
PROPOSAL: Request to rezone the property from C1 Commercial to NMD Neighborhood Model
District to allow a mixed -use development with up to 112 residential units along Rio Road and
storage/warehousing on the back of the site.
PETITION: Rezone 3.3 acres from C1 Commercial — retail sales and service; residential by special
use permit (15 units/ acre) to NMD Neighborhood Model District - residential (3 — 34 units/acre)
mixed with commercial, service and industrial uses. A maximum of 112 units is proposed for a
density of approximately 34 units/acre.
PROFFERS: Yes
COMPREHENSIVE PLAN: Core Area within Rio 29 Small Area Plan area intended to have the
highest intensity of development with a mix of uses including residential, commercial, retail, office,
institutional and employment uses. Buildings with heights of 3-6 stories, built close to the street, with
pedestrian access and relegated parking & Flex Area within Rio29 Small Area Plan — area intended
to allow a flexibility of uses including residential, commercial, retail, office, institutional and
employment uses. Buildings with heights of 2-5 stories, built close to the street, with pedestrian
access and relegated parking.
CHARACTER OF THE AREA
The subject property consists of four parcels: three of the parcels are undeveloped and one has a
single-family house on it. The property is located on the north side of Rio Road, across from the
Daily Progress building. West of the site along Rio Rd are two single-family homes and west of
those, at the corner of Berkmar Drive, a small apartment building, with a few commercial uses on the
first floor. All other adjacent uses are commercial, including Colonial Auto Center to the north and
PhotoWorks Group and Storage Solution Center to the east. Adjacent properties are a mix of HC
Highway Commercial and C1 Commercial zoning.
The site slopes downward from Rio Road with over 100 feet of drop from the front of the site to the
rear property line. There is a small intermittent stream along the back of the property, a portion of
which is piped underground. There are no preserved slopes on the site, but there are small areas of
managed slopes in the center of the property and along the eastern boundary (Attachment 1).
SPECIFICS OF THE PROPOSAL
The applicant is proposing to rezone the 3.3-acre property from C1 Commercial to NMD
Neighborhood Model District to allow for a mix of commercial and residential uses. Though the Code
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of Development (COD) will allow a flexibility of uses on the property, the applicant has shared that
their intent is to construct a multi -family residential building along Rio Road and an interior
conditioned self -storage building behind the residential building (Attachment 2 — Application Plan).
The COD divides the property into 3 blocks. Block 1, which is approximately 1.47 acres, is called
"Active Urban" space in the application materials. Permitted uses in block 1 include multi -family
residential, retail, commercial service, and office/R&D/flex. Block 1 contains form regulations that
require buildings to be placed close to Rio Road with frequent pedestrian entrances along the street
and minimum ground story transparency requirements. Building height in block 1 is 3-6 stories with
stepbacks above the 41h story. Block 1 buildings will be designed to accommodate ground story
commercial uses along Rio Rd with a 14-foot ceiling height required. The applicant has stated that
their intent in the near term is to have residential uses on the ground story until the market can
accommodate commercial/retail along this portion of Rio Road. The COD provides different
standards for pedestrian entrances and ground story transparency for residential and commercial
uses for block 1 (Attachment 3 - COD).
Block 2 is labeled "Neighborhood Services and Local Manufacturing". Uses allowed in block 2
include light industrial/self-storage, auto sales & service, retail, general commercial service,
office/R&D/Flex, and multifamily residential. This block allows up to 310,000 sq. ft. of building with a
height of 2-6 stories, with stepbacks in the front and back of the building above 4 stories. The COD
includes regulations in block 2 for pedestrian entrances, ground story transparency, and fagade
treatments, which are different for front, rear and side fagades. The rear of the block 2 building fronts
along a future trail and greenspace.
Block 3 is called "Neighborhood Greenspace". This is an area that is shown in the Rio29 Plan as a
future linear park. Improvements in this block include a 25-foot designed landscape, parallel to the
block 2 building and a 10-foot-wide shared use path. The COD includes an allowance for a small
amount of building space here to accommodate structures such as picnic pavilions and other
structures deemed accessory to the recreational use of the block.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant is proposing to rezone this property to allow for a mixed -use development on the
property, which is not allowed under the current C1 zoning. The applicant has stated they plan to
construct a multi -story self -storage building on the northern portion of the property and a multi -family
residential building along Rio Road.
COMMUNITY MEETING
The Community Meeting for this project was held on September 27, 2018 at the Places29-Rio
Community Advisory Committee (CAC) meeting. No members of the public were in attendance at
this meeting outside of the CAC members and the Board and Planning Commission liaisons.
Attendees had questions for the applicant regarding parking and the trail connection in block 3.
Overall, there was general support for this project among members of the CAC who were present.
PLANNING AND ZONING HISTORY
There are no prior Zoning Map Amendment applications or Special Use permits associated with this
property.
COMPREHENSIVE PLAN
Rio29 Small Area Plan:
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This property is within Neighborhood 1 of the Places29 Development Area and within the Rio29
Small Area Plan Boundary. The Small Area Plan lays out a vision and recommendations for
Connectivity, Character, and Conservation for future development of the area. An analysis of how
the proposal meets each component is provided below.
Connectivity:
The Small Area Plan envisions Rio29 as a multi -modal hub that has a connected network of
complete streets, designed for all users. The Connectivity Plan shows a future street network and
corresponding street typologies for existing and future Rio29 streets. Rio Road is designated as a
boulevard street type, which is intended to be a high capacity four lane street with a center median
and robust bicycle and pedestrian facilities on each side. The Rio West property has approximately
265 feet of street frontage along Rio Road and with this development the applicant proposes to
dedicate an additional 11 feet of right-of-way to accommodate the proposed boulevard streetscape
The applicant proposes to construct an 8-foot sidewalk with street trees between the back of curb
and sidewalk along Rio Road, consistent with the boulevard street section.
The application plan and proffers also provide for future connectivity to adjacent properties through
the site. Between blocks 1 and 2 there is a proposed surface parking lot. The applicant plans to
design the parking area to allow for future inter -parcel connectivity through the site when adjacent
properties redevelop. This connection has the potential to become a local street in the future, when
the demand for parking decreases in Rio29. This connection could help establish a block network as
recommended by the Rio29 Plan (Attachment 4 — Proffers). Overall, this application is supportive of
the Plan's Connectivity recommendations. Staff recommends a small change to the timing of the
street trees and sidewalk, described in more details below.
Conservation:
The Small Area Plan calls for Rio29 to be a place enhanced through conservation with a network of
sustainable and usable public amenity spaces. The Conservation Plan shows a shared use path and
linear park through the northern portion of the Rio West property. The Rio West Plan is consistent
with the Plan's Conservation recommendations by accommodating both of these features in the
design of the site. The application plan and COD show block 3 as an area for "Active Recreation".
Block 3 is about 0.55 acres in size and includes a shared use path and landscaped area behind the
block 2 building. The applicant has proffered to construct the shared use path prior to completion of
the second building on -site and has offered to dedicate the path to public use, upon demand of the
County.
Staff recommends this proffer be updated for the path to be completed concurrent with the second
building or when adjacent portions of the path are installed, whichever occurs first. Plans are in
process to extend the Berkmar Drive shared use path south to Rio Road and there may be an
opportunity to connect this site to the Berkmar Drive path, pending the cost of the extension and
cooperation of adjacent property owners. If this were to occur, the construction of the shared use
path on this site concurrent with that project would be appropriate.
There is an intermittent stream piped through a portion of this site. The application plan notes that
this stream could be daylighted, consistent with the vision in the Rio29 Plan, however, the
application plan notes the daylighting of the stream will be done "by others". Neither the proffers nor
the COD show any land outside of the shared use path being dedicated to public use for a future
park; however, there is a note on the application plan stating that the improvements should be done
by others, subsequent to the linear park dedication. If the applicant does not plan to daylight the
stream and wants to see a public commitment to fund and complete this project, there should be a
commitment by the applicant to dedicate the land to public use for a linear park at a future time, upon
demand of the County.
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Character.
The Small Area Plan envisions the transformation of Rio29 into a vibrant and diverse mixed -use
community with interesting character and a human -scaled built environment. The Plan divides Rio29
into Place Types that are intended to guide the scale and intensity of development. The southern
portion of the subject property, along Rio Rd, is within the Rio29 "Core" area, which is intended to
have the highest intensity of development and meant to accommodate ground story commercial and
retail uses. The northern portion of Rio West is designated "Flex" area, which is intended to allow a
flexibility of uses and scales of development.
Consistency of overall concept and proposed phasing: The proposed block 1 building placement is
adjacent to Rio Rd and will be designed to accommodate future ground story commercial/retail. The
COD contains requirements that will ensure most of the street frontage along Rio Road will be
framed by buildings and includes requirements for pedestrian entrances and ground story
transparency that will contribute to a human -scale built environment (Attachment 3). Parking for the
site will be relegated behind the block 1 building (Attachment 4). Staff finds that the location and
scale of the building is consistent with the character recommendations of the Rio29 Plan.
Block 2 proposes a building located behind the parking area, on the northern portion of the property.
The COD contains less stringent form standards for the block 2 building, including no maximum
setback. Block 2 does not have relegated parking, since it is intended for the building in block 1 to
screen most of block 2 and the parking area. Such an arrangement is appropriate and consistent
with the intent of the Rio29 Plan, since the focus of the Plan is the relationship of the built
environment to the public realm, namely streets and public outdoor spaces.
The applicant has stated an intention to construct the block 2 building and surface parking first and
to not begin construction of the block 1 residential building until sometime after the completion of the
block 2 storage building. Because there is no commitment to the timing of the construction of the
block 1 building with this proposal there is no guarantee that the block 1 building will be constructed
before or concurrent with or the block 2 building, or that it will be constructed at all. As such, a
scenario could occur where the site is left with a surface parking lot in front of a storage building for
several years or indefinitely. Staff is of the opinion that without a timing commitment for the
development of block 1, the proposed phasing of development creates a site that is largely
inconsistent with the character recommendations of the Rio29 Small Area Plan and the intent of the
NMD zoning district.
During a May 21 Planning Commission work session, the Commission discussed whether a timing
commitment for the block 1 building should be provided. There was not clear consensus from the
Commission about the need for a timing commitment. Some Commissioners stated they would
accept a commitment to screening that would adequately screen the parking area from Rio Road
until the block 1 building can be constructed. Other Commissioners felt that a time commitment to
the block 1 construction should be provided. Overall, Commissioners acknowledged that
enforcement of a timing commitment can be difficult.
With their most recent resubmittal after the May 21 work session, the applicant has not provided a
commitment to the timing of the block 1 building.
Screening of block 2 parking: The applicant has provided a proffer stating that the parking will be
screened in accordance with Section 32.7.9.5(e) of the Zoning Ordinance, which requires a single
row of 12-inch shrubs planted 5 feet apart. Staff does not believe this screening arrangement will be
sufficient to screen the parking from Rio Road. Open air surface parking completed prior to Block 1
should be screened consistent with all landscaping requirements of the site plan ordinance and the
Entrance Corridor Design Guidelines.
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It should also be noted that the applicant has proposed that the sidewalk and street trees along Rio
Road be installed prior to issuance of Certificate of Occupancy (CO) for block 1, or within 24 months
of CO for block 2. Staff recommends these features be installed concurrent with the screening of the
block 2 building, if the block 1 building has not yet commenced.
Active Facade Treatments and Building Scale: Language is included in the COD about requiring
"active facades" with greatest attention given to those facades fronting on an entrance corridor and
proposed greenway. The language as written in the COD is too vague and will be difficult to interpret
and enforce. Staff recommends this language be revised and clarified so that there is a clearly
enforceable standard, consistent with the expectations of the Entrance Corridor, or it should be
eliminated to avoid confusion regarding ARB authority to review plans for development of this site.
ARB review and approval of both buildings should be provided during the site plan review and can
help assure the architecture of the site promotes a human scale environment.
In addition to the character impacts on the Rio Rd street frontage, staff also has concerns about the
scale of the block 2 building as experienced from the back of this site, adjacent to the linear park and
shared use path. The applicant has committed to stepping back the block 2 building from the rear of
the property above 50 feet of height or 4 stories. To help screen and break up the appearance of the
rear of the block 2 building, the COD and application plan show an area of landscaping adjacent to
the block 2 building. Staff has concerns about the ability of this area to support large canopy trees
due to its location against the north face of a tall building and the lack of sunlight this area will
receive. Additional clarity to the language about "active facades" can help achieve a building fagade
that is more human -scale and in keeping with character recommendations from the Rio29 Plan.
Parking quantities: As mentioned above, a surface parking area is proposed between the block 1
and block 2 buildings. The COD proposes parking standards for this site that are, in some cases,
significantly less than the standards in the current ordinance including no minimum standard for
multi -family residential units. The COD also includes maximum parking standards. This format is
consistent with the recommendation of the Rio29 Plan to reduce or eliminate parking minimums and
to establish parking maximums; however, per the NMD requirements listed in Section 33.19D, the
applicant is required to provide a parking and loading needs study to justify the reduced parking
amounts.
The applicant has requested permission to submit the parking and loading needs study concurrent
with the initial site plan once final uses are determined for the site. Staff is comfortable with this
approach, but until a parking and loading needs study is provided, staff is not comfortable
recommending approval of the proposed parking numbers included in the COD. The parking
numbers should be removed from the COD and language added to state that parking shall be
provided consistent with County Code, unless a parking and loading needs study is approved by
staff to allow for alternative parking standards. Staff also recommends the addition of bicycle parking
requirements in the COD as one method to alleviate the need for surface parking on the site.
Affordable Housing:
The applicant did not provide a detailed breakdown of unit types or sizes in the application materials,
beyond stating in the COD that block 1 can accommodate 30-112 multi -family units. After the May 21
work session, the applicant has revised the COD to provide 15% of the units as affordable rental
units. The COD requires that 15% of the residential units be rented at a rate determined by the
Housing Director to be affordable to those making no more than 80% of the County's median
household income. This proposal is consistent with the Comprehensive Plan recommendation that a
minimum of 15% of all units developed under rezoning and special use permits be affordable units
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and the methods of calculating affordability are consistent with the County's current affordable
housing policy.
The applicant is not proposing to provide two or more housing types with this development, which is
a requirement of the Neighborhood Model zoning district. The applicant submitted a special
exception request to waive the requirement for a mix of housing types (20A.8(a) of the Code)
(Attachment 7). The Rio29 Small Area Plan recommends a higher intensity and scale of
development for this property, which would be most supportive of multi -family residential units rather
than other lower intensity housing types such as townhouses or single family detached. The property
is also within a quarter mile of a mix of existing housing types, including single family detached,
townhouses, and multi -family units. The applicant is also providing 15% affordable units, which will
ensure a mix of housing affordability on site. For these reasons, staff is supportive of the special
exception request to not provide two or more housing types on this site.
The Neighborhood Model:
Many of the Neighborhood Model principles were addressed previously in this report, through the
discussion of the Rio29 Plan and affordable housing. Staff's analysis below addresses only the
applicable principles of the Neighborhood Model that have not previously been discussed.
Pedestrian Orientation The applicant is providing an 8' sidewalk, street trees, and sufficient right
of way for a future buffered bike lane along Rio Rd (there is currently a
Multi -modal non -buffered bike lane). The applicant is constructing a shared use path
Transportation Choices on the back of the property that will eventually connect to the Berkmar
Drive shared use path that will also have a sidewalk connection to Rio
Rd. These principles are met. Staff has recommended adjustments to
the timing of these features.
Mixture of Uses Discussed above; this principle will be met if/when the full site is built out.
Neighborhood Centers This project is within the Rio29 urban center and the proposed
development is consistent with the expected scale and intensity of the
center.
Mixture of Housing Discussed above; this principle is met.
Types and Affordability
Interconnected Streets Discussed above; this principle is met.
and Transportation
Networks
Parks, Recreational As discussed above, this principle is met through the construction of the
Amenities, and Open shared use path in block 3. However, there is no commitment to
Space dedication of land for the future linear park outside of the shared use
path.
Building and Spaces of As discussed, these principles will be met when the block 1 building is
Human Scale constructed.
Relegated Parking
Redevelopment This site is mostly vacant, with one single family house that will be
demolished. This principle is met.
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Respecting Terrain and It is unknown at this time if this principle will be met, however, the
Careful Grading/Re- application plan seems to indicate that no large retaining walls will be
grading used in the grading of this site, instead the buildings themselves will
serve as retaining features on this site.
Relationship between the application and the intent and purposes of the requested zoning district:
Neighborhood Model District (Code Section 18-20A):
According to Section 20A, "The NMD Zoning district is intended to provide for compact, mixed -use
developments with an urban scale, massing, density and infrastructure configuration that integrates
diversified uses within close proximity to each other within the development areas identified in the
comprehensive plan." Staff finds that the proposed development is consistent with the intent of the NMD
zoning district, so long as block 1 and 2 buildings are constructed together, or block 1 is constructed first,
or relatively soon after completion of block 2.
Anticipated impact on public facilities and services:
Streets:
Staff does not anticipate a significant traffic impact on the nearby street network with this application.
The improvements proposed with this application will help improve Rio Road's bicycle and
pedestrian facilities.
Schools:
Students living in this area would attend Agnor-Hurt Elementary School, Burley Middle School, and
Albemarle High School. Based on the number and type of units proposed the following yield of
students is estimated for this development, based on the allowed range of 30-112 units: between 3-
13 elementary school students, 1-3 middle school students, and 2-6 high school students.
With current enrollment, Agnor-Hurt Elementary and Burely Middle School are under capacity;
however, Albemarle High School 2018-19 enrollment was over -capacity by 126 students. There are
currently no projects in the CIP to address school capacity impacts at these schools, therefore, no
proffers would be expected from this development to address school capacity.
Fire & Rescue:
This project is near the Seminole Fire Station and Berkmar Rescue Squad station. Fire & Rescue
has not expressed any concerns with, or objections to, this proposal.
Utilities:
This project is in the ACSA water and sewer service jurisdictional area and both services are
available. Neither ACSA nor RWSA have expressed any concerns with, or objections to, this
proposal.
Anticipated impact on environmental, cultural and historic resources:
There are no known cultural or historic resources on the site. The applicant proposes to provide a
minimum of 25% of stormwater treatment on site.
Anticipated impact on nearby and surrounding properties:
Use of the property as proposed is not anticipated to have impacts on adjacent properties. The
improvements proposed along the Rio Road street frontage and the shared use path and
greenspace in the rear should provide a benefit to nearby and surrounding properties.
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Public need and justification for the change:
The proposed development with development of block 1 and 3 would be consistent with the
community's vision as laid out in the Rio29 Small Area Plan. However, staff's concern about the lack
of a timing commitment for the block 1 construction is a potential deterrent from the vision for this
area.
PROFFERS
The draft proffers for this application are summarized below (Attachment x). The applicant did not
provide written proffers until their most recent submittal, so staff has not had the opportunity to
review these until the writing of this report. Staffs comments are provided after the proffer summary
in italics.
Proffer 1. Interconnected streets and transportation network: This proffer states that the
applicant will provide an access easement for inter -parcel connectivity, upon demand of the
County.
Staff is supportive of this proffer.
Proffer 2. Relegated Parking: This proffer states that if surface parking is constructed on the
site prior to the construction of the block 1 building, then the parking area should be screened in
accordance with section 32.7.9.5(e) of County Code.
Staff would prefer a commitment to the timing of the construction of the block f building. If no
commitment can be made, screening should be provided consistent with screening requirements
of the site plan ordinance and the ARB design guidelines.
Proffer 3. Multi -Use Path: The applicant proffers to construct a multi -use path consistent with
Class A standards (10' asphalt path) prior to the completion of the second building on site and to
dedicate the path to public use upon demand of the County.
Staff recommends this proffer be revised to state the path will be constructed prior to completion
of the second building on site, or concurrent with adjoining sections of the path, whichever
occurs first. Access from Rio Rd should also be constructed at the time of the path with a public
access easement.
As discussed above, staff also recommends future dedication of land for the linear park, upon
demand of the County.
Proffer 4 Stormwater Management: The applicant proposes to provide a minimum of 25% of
stormwater management on site.
Staff is supportive of this proffer
Proffer 5 Right of Way Dedication: The applicant proposes to dedicate a portion of right of way
along Rio Rd as shown on the application plan prior final site plan approval. Installation of
planting strip and sidewalk is proposed prior to issuance of CO for the block 1 building or within
24 months of issuance of CO for the block 2 building.
Staff recommends more details be provided in the proffer statement such as the dimensions of
the right-of-way dedication and a reference to the sheet of the application plan that shows the
proposed right-of-way area. Staff also recommend the timing of the installation of sidewalk and
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street trees be adjusted to be concurrent with installation of block 2 screening, if block 1 building
construction has not commenced. Dedication should occur after these features have been built.
SUMMARY
Staff has identified the following factors which are favorable to this request:
1. The proposed development is supportive of the vision and recommendations of the Rio29
Connectivity Chapter and will accommodate the desired Rio Rd streetscape along the
frontage of this site through dedication of right of way for future streetscape improvements,
installation of an 8' sidewalk, and street trees.
2. The proposed development is supportive of the vision and recommendations of the Rio29
Conservation Chapter. The applicant will construct a section of shared use path and is
providing on -site open space in an area shown for a path and linear park in the Plan.
3. If the block 1 building is constructed, the proposed development is supportive of the vision and
recommendations of the Rio29 Character Chapter, by providing a development that will create
a human -scale built environment and contribute to the mix of uses in the area.
Staff has identified the following factors which are unfavorable to this request:
1. There is nothing within the COD or proffers that will guarantee a mix of uses on this site and
nothing that will preclude the construction of only the block 2 storage building and surface
parking lot. Such a development would not be in keeping with the vision of the Rio29 Small
Area Plan nor the intent of the Neighborhood Model District (NMD) zoning.
2. The COD, application materials, and proffers need several minor clarifying changes and small
substantive changes prior to BOS approval, as described in this report and summarized in
Attachment 6.
RECOMMENDATION
Staff does not recommend approval of ZMA201800013 until staff recommendations in Attachment 6
are met, inclusive of a commitment to the timing of the block 1 construction.
PLANNING COMMISSION MOTION:
A. If the ZMA is recommended for approval: Move to recommend approval of ZMA201800013
Rio West with staff recommended revisions in attachment 6 (state whether a timing
commitment for block 1 should be provided)
B. If the ZMA is recommended for denial: Move to recommend denial of ZMA201800013 Rio
West with the reasons for denial.
ATTACHMENTS:
1 - Location Map
2- Application Plan
3 - Code of Development (COD)
4 - Draft Proffer Statement
5 - Project Narrative
6- Staff recommended revisions prior to BOS
7 - Special exception request
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My determination of topography or contours or any depiction of physical Improvements,property lines or boundaries is for general information only and shall not be used for the design,modification,or construction of improvements to real property or for Hood plain determination May 13,2019
ZONING MAP AMMENDMENT 2018-00013
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RIO ROAD WEST
A9NORMUlil* �, e, r .oy% ECHIECK-FIL-A \ J TMP(s) 45-101,45-101B,45-100-A,45-100
/ Albemarle County,Virginia
• .F1EME �,>. �+ olO
Submitted 18 October 2018
4,, tarbucks ri, + " Revised 12 March 2019
$ R 'E Revised 29 Apnl 2019
KROGER,Jy TJMA% ! + ' ,e: �' Revised 03 JUNE 2019
+ •. ,a , �! DICKS SPORTING GOODS
•
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'` ` Context Map
,e^E r 3 ee o
yr •* • ELEMENTARY SCHOOL'
i, J : ,� project number. 18.030
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w'' ' �' 5,,, '(� �'° ACAC " ' ;_ -f -,►�`' 4 -Proposed Circulation
j. Rnl<v CVS ,',e. cont., i _. 5 Conceptual Stormwater&Grading Plan
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.•.- „I ,, , ' . �-: 4 . - 4 Ia, ALBEMARLE' As ueff t.,'j ,•' 8 -Conceptual Greenspace Section
' " % i � • •— . • ` '' �s ' 9 -Conceptual Site Section
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% ;_,�� TMP45948 i � �/�" RIO ROAD WEST
i� �r \ i DB 14651169 J ,,. j �I �/ ;•-;�-ice_�-,--_`j. i i
% ----- I /'CMA Properties LLC CID Colonial Auto Cent) J� �. - --� may__. TMP(s) 45-101,45-101 B,45-100-A.45-100
� l v•• / Zone'Highway Commercial _;f�- - : �•i+ �/ !'�' %Use:Commercial .+ �-
�' "� C / Submitted* 18 October 2018
� � Tr�p4s-173 _l ��: - / . Revised 12 March 2019
yam—; ��� ' Revised:29 April 2019
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-:'CMA PropertiaslFic t ) � _ :-___-____�-,, ;;��. ; =: �i -t` ��� / Revised:03 J U N E 2019
/Zone.Highway Commercial ) �l --�----_ y---_�ii� �� // �/ __ ' / -__-_____-
j uta.vaaantCommercial... / / J __-___ - /�� . N existing Conditions
/ MI..),,,),/
B f•i�� �� i3 Sheet 2 of 9
��----!•�' J �i Auto LL= i TMP 45-105 J N Ire
-_-_✓'� ! ;..�}�► 1�„\ • DB 18701119 I r`'/1` -i i1
- Zone Highway Commercial _ .i
`` 1 ,�' �/i---r _� MP 45• Use:Commercial -1,k\` ___ �
‘ _-___- ':\��\�\, \\ -- i Fa-IMF-7 --- �"•'- -_. Auto LLC .� L `-_�F--'��'
�• ..,1 B 43581399 3 _--I-Zone:C1 Commercial - _ ----`""'T
-'--- �^,1p�,neestments INC- Use.Residential `� '��
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�� v am Commerce --1 dsloo I =- \ —"
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�'. ._ TMP45.70 � \ /� ll I 1-: TMP45-102 • -- i - ---_-.- _.
- DB-365Vi06 __ .' I DB 47551449
03 I I _ �. @ I ) /The Geoffrey d Kilmer and Denise B,1 Dinh,Ton
Zoj`Fa C1 Comme al \� r AaoL /' Kilmer Asset Protection Trust _ _ ,.
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---� fr R _ A \��� - Use:Commercial ��-- I
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`e I I I t�\I I 1- U.S.Route 29
1 �� 1 I __= --i---- -- -----� I _ _._J. ) (Seminole Trail)
L---i—=�-- _ ) J. ' .1_ -.tr.,. Grade Separated
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I TMP 45-102A I TMP81.120K I I T_-...\`
ld M DB 4194/501 I DB 4365146 I I
I Woredia Enterprises INC DBA The Daily Progress County of Albemarle,Virginia 1 I
I I a.Highway Commercial ne ay Commercial
Ua g ghway
Commercial I Use Commercial I I
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y 7 -- _- _-
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-=' ---
------\_ �i 1�� RIO ROAD WEST
/ \ - ! TMP(s) 45 101,45 101 B,45 100 A,45 100
-
�� �--2,- . y---- Submitted 18 October 2018
\ ,_ _ -_----_--- -i%%;, '.`..-----
�� , -- Revised:12 March 2019
l _ __ .!------1Revised 29 April 2019
' / �' // ; _----__-_-_,-;;;.----„,—
/ Revised:03 JUNE 2019
I / �` � Block &Activity Network
_--�i'' ` =LOCK 3 -_ \
\ f----__,_ - Neighbo[hood-" Land Disturbance Sheet 3 of 9
\ `. �, i �- -y Greenspace i 3.32 Acres
, \ `�` \ f- BLO
CK I \ All areas potentially changed by development.
''•.,\''-• ,„; Neighborhood Services
; Local&Neighbo 1.47 Acres
_`_ ,____ 'on SW boundary
Includes pedestrian and bike zones to be developed
/\' __ \ 200'on NEboundary in future site plans.Structured parking is permitted
\ '�.___ - ---- Angle f sti g r---- \
\ \ \.: ' -_- ----- \ `,sewer easement. -- \, 1.47 ACRES anywhere m buildable area
\�`\S''-\\2\‘'
\ ` �> 3 32 ACRES
l
"" Open space=Neighborhood Greenspace- ,
'ir .55 Acre
3 I - --- Area dedicated for the Future Linear Park
8 -1 ____ Active Urban
J' %1 O I \, 200'block depth ;/ -.55 ACRE
I _ Open air surface 1
I BLOCK 1 _parking lots shall 1''-l`-
__ - Active Urban =not be permitted - —1 3 ACRE
within 50'of the
edge of ROW
-220'block width between 11111 Buildable=Local Manufacturing&Neighborhood
vehicular entrances Services+Active Urban
, 2.77 Acres
r __�___�______ _ ___�__ _ Includes building area,pedestrian and bike zones,as well
i I` V' ,'Conceptual Rio Road West I I as amenity areas to be developed in future site plans
I I depicted with idealized streetscape improvemeints I 2.77 ACRES
(I,
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1 This requirement shall not preclude structured parking
y 100 0 100 200 300 from being located within 50'of the ROW
a 1-11-11-1
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site I � iii I �� -- Z, APPLICATION PLAN
` ) / � ,- %%' RIO ROAD WEST
The relegated parking provides opportunity (7/7 -
_ / J
for a fature Type C local street creating possible / ;:%, -'S!%;= %'r� .+� - TMPI§L45;101,45-101 B,45-100-A,45-100
inter arcel circulation and connection ac ss the site. --
.. • ",-, • Submitted:18 October 2018
Pedestrian connections between the Active Urba _ ---_ - /%-�� :-'.'_--yam � ' Revised 12 March 2019
_ / , �, _ --t �� Revised 29 April 2019
area and the Neighborhood Greens ace will be ;-� - % �/'% ``
included in site plan design 1 _ ;_ --- �j ��� �-- Revised:03 JUNE 2019
I i /i- - _ --„:-- - ..�
/" J; / / r;. �—� /c-�'C Proposed Circulation
�.� % - .--- ( \ Sheet 4of9
--
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�' ,•,A 5'concrete sidewalk / �� + , ` = y'`y
\ \`.connects the Active -- .a4
I \ Urban and Neighborhood - -_-_ - - v.
,.o Gre@ space ! ����.
al /
Possible Future Loc i
1- `4111*-N"' type'C Street'
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A -ed"-1 Intersection of \ ' ' I
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1'Rio Road West& 1 I / // -- I ,Nu: �----- 1
1 Berkmar Drivel with - \ 11'ROW ,
_--\-. \conceptual roundabout 1 1 I - \ I -
1_ 1 Dedication "I- — -------- -�--_
t t.„ - =-t..,. - — -- U.S-Route 29
' Right In, ' (Seminole Trail)
Right Out only ____ .._ _-W._.., _ -___.__-.__- _ - - Grade Separated
Interchange
1 —
�% Conceptual Rio Road West I - �`
I depicted with idealized streetscape improvements I I Intersection of
, Riuio Rasoadpa rt Westof 8VDOT'S 29 U.S.RouteSolu 29tions
j 1 1 /� at the Grade Separated Interchange
1 { \ I I b lt project
V
___------, I I NIL AI with conceptual dogbone intersection
,-3 .—
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I__I I__I I__I I I Circulation Key
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StormwaterMagement �'�/ .•ram APPLICATION PLAN
All design and engin nng will comply with :-: , ;— '-'\.-- I
applicable County and Stktifigulations.Stormwater j' y RIO ROAD WEST
management design wabetonsistent with similar II !��� %;�= %� %I
_urban developmenfprolects ar twill utilize on-site ! / / T -,„- -- -• ! TMP(s) 45-101,45-1016,45-100-A,45-100
undergroupd stormwater management facilities ej ,// ,- ne,' :=' �:": .�
/ _ - _:;.•'��"' ,�------ Submitted.18 October 2018
Conceptual Grading N / / '%i -- - �_ _`-'--- `% - ( i Revised'12 March 2019
Building siting on the property will be respons =" = '' '
' i '' __--�-�` �// Revised 29 April 2019
/
the existing topography.Buildings will be designed --1-_--_ _ - -="-%: ';-,. - -. Revised:03 JUNE 2019
i reduce the need for retaining walls `--- _fi -=�-� -"_- �' - /' '
} �7_- -- j/ ' ice '\ // /
-— Conceptual Grading
/; - ,. r;• �� \ & Stormwater
•,J ,_,- i_' '/�/ -�•�r / ( j Sheet 5 of 9
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(Seminole Trail)
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�i; I' i Conceptual Rio Road West I I
j j I �� depicted with idealized streetscape i rovements
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ZONING MAP AMMENDMENT 2018-00013
APPLICATION PLAN
RIO ROAD WEST
TMP(s) 45-101,45-101B,45-100-A,45-100
Submitted 18 October 2018
Revised 12 March 2019
Revised 29 April 2019
Revised:03 JUNE 2019
Conceptual Street Section:
Conceptual Streetscape 1 Property Street Scape �RTo Roi11f W€�t
with idealized improvements 1 from existing curb to building front Sheet 6 of 9
see sheet 7 for technical section
50'Max Height
along build to line
Floor 4
Residential
Floor 3
Residential
Floor 2
Residential
tl Aft*
. ,• `1+• }` �� 4 y� Atilt, 10'-12' Floor to Floor
"t ram"r�� J+� 3 l .>r fi r s F y S• �i 7 / �F J V �*-iit4AV
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l;, • {` te r' " r `=S ,�.rs , Flex Space
ii1��� � l i ;v�-r j ` n � ..++J 14'Floor to Floor
HN",,,Ili‘igh..-
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10 0 10 20 s 60 �"
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ZONING MAP AMMENDMENT 2018-00013
APPLICATION PLAN
RIO ROAD WEST
TMP(s) 45-101,45-101B,45-100-A,45-100
Submitted 18 October 2018
Revised:12 March 2019
Revised:29 April 2019
Revised:03 JUNE 2019
Technical Conceptual Section
Sheet 7 of 9
Existing Conditions Proposed Street Improvements
IMITS OF STREET SCAPE WORK LIMITS OF STREET SCAPE WORK
r 7 T r------, T T7
I �:._�� Vithe(IPi' 1
iiititi�� jl 1 BUILDING FRONTAGE
_ I I LIMIT DUE TO EXISTING
'" � � I 2. TELEPHONE EASEMENT
s ��I_ I
4 -414,k-7 ‘;--_ --_,A. ,
�,) '_ .„ j .rally
15' . ,rP �1ti/i- r 15'
EXISTING TELEPHONE EASEMENT ,� EXISTING TELEPHONE EAS MENT
(TELEPHONE UNES WITHIN EXISTING EASEMENT) (TELEPHONE UNES WITHIN EXISTING WENT)
11.14\
AIM\
1,/a \� ( ..���•�\ I - 11. 3P
ill WI 1 ____ _ EXI"1 NG R 0 W DEDICATION
H it—_ _ EXISTING ROW —��
I—� - Ur BACK of SIDEWALK) ��
n _ ----- F / NEW R 0 W�r 3'
J/ '
(AT BACK co.NEW SIDEWALK)
xi TO REMAIN EXISTING TO REMAIN TIC
SIDEWALK—TBR 8' 8' 10'
NEW PLANTING STRIP NEW SIDEWALK FRONTAGE ZONE t
L
(SEPARATION ZONE) (PEDESTRIAN ZONE) (VARIABLE WIDTH.3'MIN) J
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5 0 5 10 15
Graphic Scale'1"=5' I I
SHIMP ENGINEERING, P.C.
1.)The proposed multi-use trail will be a Class A- ZONING MAP AMMENDMENT 2018-00013
type 2 low-maintenance multi-use path designed APPLICATION PLAN
in accordance with regulations outlined in the RIO ROAD WEST
Albemarle County Design Standards Manual
updated Apnl 27,2015 or to any standard approved TMP(s) 45-101,45-101 B,45-100-A,45-100
by the Planning Director.
2.)"Conceptual Daylighted Stream"shown for Submitted'18 October 2018
illustrative purposes only Daylighting and stream Revised.12 March 2019
_restoration improvements shall be performed by Revised.29 April 2019
others subsequent to the linear park dedication Revised:03 JUNE 2019
Conceptual Greenspace Section
Sheet 8 of 9
15'Rear stepback
after rear facade
height of 50'
Rear facade height shall be the average
height of three equidistant points measured
from grade along the rear facade
Rear facade made active through tactics Minimum 25' Conceptual Min.10'Asphalt Path
outlined in COD Designed Landscape Daylighted Stream with 2'Cleared
Flnnr
Shoulders
Floor 1
—rwrir,':, Avspi,,, .. :::t..sc-:.,„.,,,:,_..:-., „,.4.4.4i
Basement 1 cm P G) 9 i �" 5 ^^ 55
'zFof, V/"�Yr"' I`4 :44,, #�,, 7 vf[.r •tip ,, Vi ' v .e"_;4C1y/ "'y:��r-
W�. .7�; J � 't F k�T''4 I tS l \�I !lak�V \ .�i 'p .x,Y
Ai'°}sue bay r+r-i��7i► �� %*�% c' y or II.,/ -v.
1I ( .rl 1 '_..fit! t k�,ye K`y� x:i )f= t: '
•
i�j Basement 2 ; .i: `, l.:.. �. •:r3 i':., � "' ' ,i ' '' �►''tis,i 'fit,i.
i
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z PASSIVE RECREATION ACTIVE RECREATION
H in future linear park. along trail and future green street
N The location of the trail in Block 3 should align with trail sections
planned or constructed on adjacent properties Final alignment
to be approved by the Planning Director
10 0 10 20
Graphic Sc
30
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The topography and existing characteristics of the ZONING MAP AMMENDMENT 2018-00013
site are used to define the blocks and inform the APPLICATION PLAN
design of future buildings.Block widths and depths RIO ROAD WEST
are designed at a walkable scale.
Buildings should be designed to anticipate future TMP(s) 45-101,45-1018,45-100-A,45-100
development and provide for multiple access points
In addition,buildings should be designed with active Submitted 18 October 2018
facades as defined in the code of development. Revised. 12 March 2019
Revised:29 April 2019
Notes Revised:03 JUNE 2019
1.)Internal sidewalks shall be a paved surface,
minimum of 5'in width Conceptual Site Section
Sheet 9 of 9
Right-of-Way Active Local Manufacturing & Active
Urban Neighborhood Services Recreation
Rio Road West Block I Block II Block III
Conceptual ROW with multimodal 200'Deep x 220'Wide 150'-200'Variable Depth x 220'Wide (Variable Dimension
•transit:shown with idealized street
improvements A sidewalk with stairs will transect the site connecting the Active Urban and Greenspace Amenity Areas
Possible Future
Connection
Suitable for Type C
Max Allowable Building Height 6 Stories 'Local Street'
15'Stepback along Rio Road W above 4
• t,,,. ``t `0, - it1� stories • Max Allowable Building Height
W Rw �.:- i 6 Stones
15'Stepback above 4 stories
n ..+f-
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HIGH POINT MID SITE LOW POINT
N Includes residential and commercial uses Low intensity manufacturing that serves Natural amenity area for residents,this
the surrounding residences,residential area will feature a designed landscape
uses may be incorporated with a multi-use path.The greenspace
is a component of a larger linear park
concept that is ultimately imagined to
40 0 40 80 120 connect Berkmar Drive and Route 29.
I I
Graphic Scale:1"=40' SHIMP ENGINEERING, P.C.
PROJECT MANAGEMENT
SliIM p -k
CIVIL ENGINEERING
LAND PLANNING
ENGINEERING
October 18, 2018 �'"—'
Revised: March 12, 2019 `��
Revised: April 29, 2019
Revised: June 3, 2019
ZMA2018-13 Rio Road West
Code of Development
The following is a Code of Development drafted in accordance with Sec.20A.5 of Chapter 18 of the
Code of Albemarle; this Code of Development is specific to tax map parcels 45-101, 45-101 B, 45-100A,
and 45-100 in Albemarle County. This Code of Development establishes the unifying design guidelines,
specific regulations, and block characteristics of this Neighborhood Model District. 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 residential and non-residential uses, special uses and
prohibited uses by block.
"P" = "Permitted"
"SP" = "Special Use Permit"
"N" = "Not Permitted"
Table A. Uses: By Right, by Special Permit and Not Permitted
Restrictions & Requirements Associated with standards in the table:
Mixed uses (residential and commercial) are allowed in Blocks 1 and 2.
Table A. Uses: By Right, by Special Permit, and Not Permitted
BLOCK BLOCK 1 BLOCK 2 BLOCK 3
Neighborhood Neighborhood
Active Urban Services & Local Greenspace
Manufacturing
Residential
SP SP N
Single Family Attached/Townhouses
Multifamily P P N
Non- Residential
Retail (Neighborhood, Community, p P N
Regional)
P P N
General Commercial Service
ATTACHMENT 3
Office/ R&D/ Flex P P N
Light Industrial / Self-Storage/ SP P N
Distribution
SP P N
Auto Commercial Sales & Service
Institutional P P N
Parking Facilities/Structured Parking P P N
Water, sewer, energy and P P P
communications distribution facilities
Accessory uses and buildings including P P P
storage buildings
Temporary construction headquarters P P P
and temporary construction storage
yards (reference 5.1.18)
P P P
Public uses (reference 5.1.12)
Group Homes P P N
Tier I and Tier II personal wireless P P P
service facilities (reference 5.1.40)
Outdoor storage, display and/or sales
serving or associated with a permitted N SP N
use, other than a residential use
Greenspace and Amenities P P P
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 in any of the three noted
documents (Code of Development, Zoning Ordinance, Comprehensive Plan) then such use
must be officially determined by the zoning administrator to be permitted in a particular Block
pursuant to subsection 8.5.5.2(c)(1).
2.) Accessory uses in Block 3 shall be accessory to the recreational use of the block
II. Use Requirements and Restrictions (Section 20A.5.e)
Uses and buildings permitted within the neighborhood greenspace shall be accessory to recreational
use.
Hotels, motels, and inns shall be considered general commercial service use.
Rio Road West-Code of Development 2
ATTACHMENT 3
Ill. Prohibited Uses (Section 20A.5.f)
The following are prohibited uses within the NMD:
• All uses expressly provided for in Sec. 26.2(d) of the Albemarle County Code.
• Single Family Detached Residential
IV. Development Square Footage Proposed and Residential Density (Section 20A.5b & c)
Table B. Density, Housing Type and Non-Residential Use by Block
MIN MAX MAX Permitted MIN Non- MAX Non-
Approximate Dwelling Dwelling Block Housing Residential Residential
Block Size Units Units Gross Types SF SF
Block Density
Block 1 64,033 SF
Multifamily,
Active Urban 1.47 Ac 30 112 80 DUA Group 0 290,900
Homes
Block 2 56,628 SF
Neighborhood Multifamily,
Services & 1.3 Ac 0 62 47.7 DUA Group 0 310,000
Local Homes
Manufacturing
Block 3 23,958 SF
Neighborhood 55 ac 0 0 0 Not 0 600
Greenspace Permitted
TOTAL 3.32 Ac 30 112 33.7 DUA 0 601,500
Notes to Table B:
1.) Non-residential square footage allowed in neighborhood greenspace to accommodate
structures such as picnic pavilions and buildings accessory to the recreational use of the block.
2.) 15% of the residential units built within the NMD will be designated as affordable for a period of
10 years from the date of issuance of certificate of occupancy. The units will rent at a rate
making them affordable to those making no more than 80°/0 of Albemarle County's median
family income. The monthly rental rate shall not exceed 30% of the monthly gross income of a
family making 80% of Albemarle County's median family income. The property owner shall
maintain records documenting the household income of the occupants of the affordable units;
and upon request by the County, the property owner shall provide the County with these
records.
If the residential units with the NMD are built incrementally, one affordable unit shall be provided
for every seven market rate units built.
Rio Road West-Code of Development 3
ATTACHMENT 3
V. Green Space &Amenities (Section 20A.5d)
The table below establishes green space and amenities provided by block. The Greenspace
provided in Block III is within the Amenity Area. The Amenity Area in Block III is to be outdoor,
ground story open space.
Table C. Minimum Green Space and Amenities by Block
Table C. Minimum Green Space and Amenities by Block
BLOCK Amenity Green Space
Area MIN Area MIN Green Space Elements
Block 1
Landscaping and Screening in
Active Urban 0 0 accordance with Sec. 32.7.9 of the
Albemarle County Code
Block 2
Local Landscaping and Screening in
Manufacturing & 0 0 accordance with Sec. 32.7.9 of the
Neighborhood Albemarle County Code
Services
Block 3
Designed Landscape including Canopy
Neighborhood Cover and Understory, Landscaping and
Greenspace 55 Acre 5 Acre Screening in accordance with Sec.
32.7.9 of the Albemarle County Code
% of total area 16.5% 15%
Rio Road West-Code of Development 4
ATTACHMENT 3
a.) Parking Standards
Parking provided on site shall comply with regulations outlined in Sec. 4.12.6 of the Albemarle County
Zoning Ordinance unless the use is expressly provided for in the table below:
Type of Land Use Parking Space Required for Each:
Minimum Maximum
Residential
Single Family .5 per unit 2 per unit
Attached/Townhouses
Multifamily, any unit of 500 None required 1 per unit
square feet or less
Multifamily, one (1) None required 2 per unit
bedroom
Multifamily, two or more None required 3 per unit
bedrooms
Non-Residential
Retail 1 per 500 sq. ft. plus 1 per 1 per 150 sq. ft. plus 1 per
2 employees on shift employee on shift
General Commercial 1 per 500 sq. ft. plus 1 per 1 per 150 sq. ft. plus 1 per
Service 2 employees on shift employee on shift
Office/ R&D/ Flex 1 per 500 sq. ft. 1 per 150 sq. ft.
Light Industrial/ 1 per 5,000 sq. ft. plus 1 1 per 1,000 sq. ft. plus 1
Distribution per 2 employees on shift per employee on shift
Self-Storage Facility 1 per 100 units plus 1 per 2 1 per 50 units plus 1 per
employees on shift every employee on shift
Auto Commercial Sales & 1 per 5,000 sq. ft. of indoor 1 per 1,500 sq. ft. of indoor
Service showroom area plus 1 per showroom area plus 1 per
2 employees on shift employee on shift
1.) When calculating parking totals, the number of parking spaces required shall be rounded up
to the nearest whole number.
2.) Parking minimums and maximums may be waived or modified upon request by the
developer and approval by the zoning administrator. Developer requests for parking
reductions shall be made in accordance with Sec. 4.12.2.c(1) of the Albemarle County
Zoning Ordinance.
Rio Road West-Code of Development 5
ATTACHMENT 3
VI. Architectural Standards (Section 20A.5g)
The form of the building and proportions of structures shall be informed by the lot and building
regulations provided for within this code of development.
Architectural design and detail of structures visible from the Entrance Corridor shall be subject to Sec.
30.6 "Entrance Corridor Overlay District" of the Albemarle County Code.
Buildings within the NMD shall feature active facades, with greatest attention given to those facades
fronting on an entrance corridor and the proposed greenway. An active façade shall be defined as
follows:
• Stepbacks as required by Table D
• Ground floor transparency as required by Table D
• Variation in materials
• Façade breaks (projections, recesses)
• Architectural detailing and elements such as canopies, balconies, water tables, string courses,
cornices, varying roof forms, etc.
Historic Resources
There are no designated historic sites or structures on the property.
VII. Landscape Treatment(Section 20A.5h)
Landscaping and screening shall be provided in accordance with Sec. 32.7.9 of the Albemarle County
Code.
Additional Landscape Requirements:
Block II: The rear of Block II adjacent to Block III shall feature medium or large trees appropriate
for the planting conditions at a minimum spacing of 30'
Rio Road West-Code of Development 6
ATTACHMENT 3
VIII. Lot & Building Height Regulation (Section 20A.5i)
Table D. Lot & Building Regulation
Table D. Lot and Building Regulations
BLOCK 1 BLOCK 2 BLOCK 3
Neighborhood Neighborhood
Active Urban Services & Local Greenspace
Manufacturing
Building Height
Stories
Primary 3 Min.—6 Max. 2 Min.—6 Max. 1 Max
Ground Floor to 14' Min. 9' Min N/A
Floor
Setbacks
Front 2' min.— 12' max. N/A 10' min. —30' max.
Side 0' 0' Min. 5' min.
Rear 0' 0' 15' min.
Minimum 15' after the Minimum 15' after the
4th Floor Ceiling 4th Floor Ceiling
Stepbacks Height or 50'Vertical Height or 50'Vertical N/A
Height
Height
(see note 3)
Frontage Build-out 70% min. N/A N/A
Other
Allowable Building 290,900 310,000 600
SF
Front Façade: Front Façade:
residential: 30%; residential: 30%;
commercial 60% commercial 30%
Rear Façade: Rear Façade:
Ground Floor Residential 10% residential: 10%
Transparency MIN Commercial: 15% commercial: 15% N/A
All Other Facades: All Other Facades:
Residential. none Residential: none
required required
Commercial: none Commercial: none
required required
MIN Distance
Between Ground residential 100'; residential 100';
Floor Pedestrian commercial 50' commercial 50'
Entrances
Lot Coverage 90% Max. 90% Max 10% Max
Rio Road West-Code of Development 7
ATTACHMENT 3
Notes to Table D:
1.) Porches, eaves and awnings are considered to be part of the structure and shall not encroach
into the minimum setback.
2.) Non-residential square footage allowed in neighborhood greenspace to accommodate
structures such as picnic pavilions and structures accessory to the recreational use of the block.
3.) The rear façade of any building in Block 2 shall not extend more than 50' vertical height without
a 15' stepback, where the rear façade height is the average height of three equidistant points
measured from grade along the rear façade. This stepback is a rear a façade stepback.
4.) Front setback for Block 1 shall be measured from the edge of the future ROW dedication line for
Rio Road Was shown on Sheet 7 of the Application Plan.
5.) Frontage build-out is measured as the portion of the front setback line that must be occupied by
a structure.
6.) Lot Coverage is the amount of impervious surfaces permitted in each block.
7.) Buildings within the NMD shall be constructed in accordance with all applicable USBC
standards, including building separation.
Rio Road West-Code of Development 8
ATTACHMENT 3
Original Proffers X
Amendment
DRAFT PROFFER STATEMENT
ZMA Number: 2018-00013
Tax Map and Parcel Number: 04500-00-00-10000, 04500-00-00-100A0, 04500-00-00-10100,
04500-00-00-101 B0
Owner: Auto LLC
Date of Proffer Signature:
Draft Proffer Date: June 3, 2019
Rezone 3.32 acres from C-1 to NMD
Auto LLC, is the owner (the "Owner") of Tax Map and Parcel Numbers 04500-00-00-
10000,04500-00-00-100A0, 04500-00-00-10100, 04500-00-00-101B0 (the "Property") which is
the subject of rezoning application ZMA No. 2018-00013, a project known as "Rio Road W"
(the"Project").
Pursuant to Section 33 of the Albemarle County Zoning Ordinance (Chapter 18 of the Albemarle
County Code), the Owner hereby voluntarily proffers the conditions listed below which shall be
applied to the Property if ZMA 2018-00013 is approved. These conditions are proffered as a part
of the requested rezoning and the Owner acknowledges that the conditions are reasonable. Each
signatory below signing on behalf of the Owner covenants and warrants that they are an
authorized signatory of the Owner for this Proffer Statement.
1.) INTERCONNECTED STREETS AND TRANSPORTATION NETWORKS:
Upon demand by the County, the property owner shall draft and record an access
easement for the purposes of interparcel connectivity and shared access to Rio
Road W for adjacent parcels. The location of the access easement shall be
provided in general accord with Sheet 4 of the Application Plan, prepared by
Shimp Engineering dated October 18, 2018 and last revised June 3, 2019; this
plan depicts the general location as "possible future local type `C Street.' At the
time of easement recordation, the property owner and the County shall agree to
the terms of the easement to include location,width, and maintenance.
2.) RELEGATED PARKING
Attachment 4
In the event on-site open air surface parking is completed prior to the
commencement of vertical construction of a building in Block I,the parking area
shall be screened from Rio Road in accordance with Sec. 32.7.9.5(e)of the Code
of Albemarle during the next planting season after issuance of Certificate of
Occupancy of any building in Block 2.
3.) MULTI-USE PATH
A multi-use path shall be constructed in Block 3 to comply with Class A-type 2
low maintenance, multi-use path standards as outlined in the Albemarle County
Design Standards Manual or to any standard approved by the Director of
Planning. The path shall be constructed prior to the issuance of Certificate of
Occupancy of the 2"a building on-site and shall be constructed to align with
adjacent sections of path that are planned or already constructed.
Upon demand by the County,the multi-use path constructed in Block 3 shall be
donated to the County for public access and maintenance. This dedication shall
occur prior to the development of any portions of the trail located directly
adjacent to the property.
4.) STORMWATER MANAGEMENT
All design and engineering for improving the property will comply with
applicable County and State regulations. Stormwater management design will be
consistent with similar urban development projects and will utilize on-site
underground detention and/or infiltration below the parking area in Blocks 1 and
2. A minimum of 25%of treatment shall be provided on site.
5.) RIGHT OF WAY DEDICATION
The property owner shall dedicate a portion of the property along Rio Road W, as
shown on the application plan, to public right of way. Dedication of right of way
shall occur prior to approval of final site plan. Installation of planting strip and
sidewalk shall occur prior to issuance of Certificate of Occupancy in Block 1 or
within 24 months of issuance of certificate of occupancy in Block 2.
Attachment 4
OWNER:
Auto LLC
(to be signed upon final submission of proffer statement)
By: Auto LLC
Title: Member
Tax Map and Parcel Number: 04500-00-00-10000, 04500-00-00-100A0, 04500-00-00-
10100, 04500-00-00-101B0
Attachment 4
The undersigned Owner hereby proffers that the use and development of the Property shall be in
conformance with the proffers and conditions herein above. This document shall supersede all
other agreements,proffers or conditions that may be found to be in conflict. The Owner agrees
that all proffers shall be binding to the property,which means the proffers shall be transferred to
all future property successors of the land.
WITNESS the following signature:
Auto LLC
By:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to wit:
The foregoing instrument was acknowledged before me this day of 2019
by Auto LLC.
My Commission expires:
Notary Public
Attachment 4
PROJECT MANAGEMENT
CIVIL ENGINEERING
LAND PLANNING
ENGINEERINC `
October 18,2018
RE: ZMA 2018- Project Narrative
TMP 45-101,45-101B,45-100-A,45-100
Project Proposal
This is a request to rezone TMP 45-100,45-100A,45-100B, and 45-101 (collectively the"property")from Commercial
(C-1) to Neighborhood Model District (NMD). The property is located approximately 1,000' linear feet west of the
intersection of Route 29 and Rio Road W and is approximately 3.3 acres in the aggregate.
The property is located in a commercial area in the Rio29 community of Albemarle County. The property is
designated as"Urban Density Residential"in the Future Land Use Map, recommending the site develop at a density
of 6-34 dwelling units per acre (DUA). The proposed project benefits Albemarle County by creating a holistic
development inclusive of residential and complimentary commercial uses; allocating a portion of the site for
neighborhood green space, a portion of which will ultimately be incorporated into a larger public greenway system;
and contributing to on-site streetscape improvements along Rio Road as this roadway transitions into an urban
corridor with a complete streetscape.
The proposed district satisfies the intent of Chapter 18 Sec. 20A.1 in a multitude of ways however, the project
proposal as presented does not explicitly satisfy the NMD characteristic for a "mixture of housing types and
affordability," because only multi-family housing units are proposed. The location of the proposed district and the
physical size of the proposed district facilitate the need for multi-family housing. Low density housing types like single
family detached and two-family attached dwellings would not contribute to the urban form the county is striving for in
this area. Additionally, low density housing types would not provide housing for as many families as multi-family
housing types.
The proposed district does not explicitly satisfy the interconnected streets and transportation networks characteristic
of a NMD because of limitations in the physical size of the site however, the proposed design with relegated parking
offers the opportunity for the parking lot to be transformed into a possible future inter-parcel local roadway connection
between the active urban and neighborhood commercial portions of the site.
Lastly,the site is not a redevelopment effort because the parcel is currently vacant and so the proposed district does
not provide redevelopment opportunity.
Despite not explicitly providing the aforementioned characteristics on-site, the proposed district implements design
principles and on-site uses that provide the following characteristics: pedestrian orientation, neighborhood friendly
streets and paths, parks and open space as amenities, neighborhood centers, buildings and spaces of human scale,
relegated parking, mixture of uses and use types, site planning that respects terrain, and clear boundaries with the
rural areas.
Attachment 5
PROJECT MANAGEMENT
imp CIVIL ENGINEERING
LAND PLANNING
ENGINEERING
Consistency with the Comprehensive Plan
The property is located within the core area of the Rio29 Small Area Plan which envisions the area as an urban
center in Albemarle County. It is the intent of this project to be mixed-use, adhere to the maximum recommended
residential density on the property,and provide neighborhood commercial services on-site.
The NMD district will allow for the property to develop in a manner that is consistent with recommendations outlined
in the Rio29 Small Area Plan. Residential and commercial uses on the property will allow for the development to
contribute to the urban character of the area as it transitions towards a multi-modal, urban area.
The proposed project anticipates streetscape improvements to improve pedestrian connectivity and to promote
neighborhood friendly streets. On-site design will incorporate open space/amenity areas, feature relegated parking
measures, and site design that is respectful of terrain. The project proposal does not explicitly delineate two housing
types on-site however attached housing types, townhomes, and multi-family units are allowed on site, per the use
table. Multi-family housing should be prioritized on this site.
Impacts on Public Facilities&Public Infrastructure
The proposed development will facilitate public infrastructure improvements by proposing landscape and sidewalk
improvements on site that are part of a larger streetscape improvement along Rio Road W. The development has
access to public water and sewer in the development areas.
Impacts on Environmental Features
All design and engineering for improving the property will comply with applicable County and State regulations.
Stormwater management design will be consistent with similar urban development projects and will utilize on-site
underground stormwater management facilities.
Proposed Proffers to Address Impacts
There are no proffered conditions affiliated with this rezoning request.
Attachment 5
ZMA2018-13 Rio West—Staff Recommended Revisions Prior to BOS
June 18,2019 PC Public Hearing
Proffers(Attachment 4)
• Proffer 2. Relegated Parking: Staff recommends a commitment to timing of the block 1
construction.The most enforceable option is holding the building permit or certificate of
occupancy(CO)for block 2 until commencement or completion of the block 1 building.
Alternatively,a time commitment such as commencement of block 1 within 2 years of issuance of
CO for block 2 could be proffered; however,this is more difficult to enforce.
If the Commission is comfortable with screening in lieu of a timing commitment:screening
should be consistent with all screening requirements of the site plan and Entrance Corridor Design
Guidelines.
• Proffer 3. Multi-Use Path:Staff recommends the timing for this proffer be revised to state that it
will be constructed prior to completion of the second building on site or upon demand of the
County to allow installation concurrent with adjoining sections of the path,whichever occurs first.
• Proffer S Right of Way Dedication: More details such as the dimensions of the right-of-way
dedication and specific page of the application plan are needed.Timing of installation of sidewalk
and street trees should be concurrent with installation of block 2 screening, if block 1 construction
has not yet commenced.
Application Plan (Attachment 2)
• Sheet 8-contains a note that stream daylighting is to be performed "by others subsequent to the
linear park dedication." Staff recommends a clear commitment to the timing and area of the
future park dedication be provided. Staff recommends the park area contain the stream and land
north of the stream to the property line.
COD(Attachment 3)
General
• Include information about minimum lot size.This is needed to allow for future subdivision of the
property.
Greenspace&Amenities(sheet 4)
• Section 4.16 is applicable to NMD developments-a recreation substitution will be required now
or with the site plan if the required facilities are not provided (for 112 units: 2 tot lots and 1/2
basketball court).
Parking Standards(sheet 5)
• Per 33.19D a parking and loading needs study is required. Provide justification to allow lesser
parking standards as proposed. If study is not to be provided prior to approval of COD, parking
standards as listed should be deleted.A note should be included in the COD to state that parking
will be consistent with County Code unless a future parking and loading needs study is approved
to allow for a lesser parking standard.
• Include standards for bicycle parking as one method to alleviate need for automobile parking.
• Include note stating that parking shall be phased concurrent with timing of building phasing on
site.
ATTACHMENT 6
Architecture(sheet 6)
• The note about active facades needs more specificity. An enforceable standard (specially
relating to bullet points about variation in materials,façade breaks,and architectural detailing)
agreed upon by the applicant and ARB design planner should be provided.Alternatively,this
language should be deleted and ARB review during site plan for both block 1 and 2 buildings will
help ensure architecture that is human scale.
Lot and building height (sheet 7)
• Table D notes stepbacks after the 4th floor or 50 feet.This should be clarified to indicate if this
applies to the greater/lesser of 4th floor or 50 feet.
• Staff recommends a stepback above the 3rd floor or 40 feet for the rear of the block 2 building or
alternative architecture features,to be approved by ARB design staff,to achieve a human scale
environment.
• Revise note 5 to state"portion of the minimum front setback line that must be occupied by a
structure"
• Clarify as to whether pedestrian entrances to be provided on all facades or just fronts.
ATTACHMENT 6
PROJECT MANAGEMENT
(NIL ENGINEER:NG
LAN: PLANNING
FNGlivttl
Albemarle County Board of Supervisors
401 McIntire Road C.
Charlottesville,Virginia 22902-4596
March 12, 2019
RE: Neighborhood Model District Requirements Waiver Request I ZMA2018-13 Rio Road W
Dear Albemarle County Board of Supervisors,
ZMA2018-13 is a request to rezone TMP 45-100, 45-100A, 45-101, 45-101B (collectively, the `property") from Commercial (C1) to
Neighborhood Model District(NMD).The proposed development will comply with much of the intent of the Neighborhood Model District.
however the development will not feature strict adherence to all Neighborhood Model principles, therefore, the applicant would like to
request waivers for the following.
• Per Sec. 20A.8(a) of Albemarle County Code the applicant requests the requirement for a mixture of housing types to be
waived
Please consider the following justification for the waiver requests:
The vision for the character of the Rio 29 area outlined in the Small Area Plan adopted December 2018 is to "transform Rio29 into a
vibrant and diverse mixed-use community with interesting character and human-scaled built environment," and recommendations
provided to achieve this vision include"establish[ing]an urban form that is human-scale and pedestrian oriented."and"encourage[ing]
the desired form and allow[ng] flexibility in use." In the recommendations section, the Small Area Plan says to "pursue form-based
code as a mechanism to promote the desired form."At this time the County does not have a form based code in place to achieve the
vision outlined in the Rio29 Small Area Plan but the County does have the Neighborhood Model District which allows for flexibility in
design and use within a development. Using the intent of the Neighborhood Model District and the recommendations outlined in the
Rio29 Small Area Plan, the applicant has proposed a code of development that will ensure the urban form desired in the Small Area
Plan will be achieved on the site.
• Per Sec. 20A.8(a) of Albemarle County Code the applicant requests the requirement for a mixture of housing types to be
waived
The Small Area Plan designates Rio Road W as a boulevard in its Connectivity Plan. In order to achieve the urban scale the plan calls
for along the boulevard street section, a multi-story building should be constructed and therefore multi-family housing is the most
appropriate housing type to achieve the urban form desired. Multi-family housing will begin to establish the necessary density to create
a walkable.multi-modal community along the Rio Road W corridor.
ATTACHMENT 7