HomeMy WebLinkAboutZMA201800013 Code of Development 2019-08-21
Initial: October 18, 2018
Revised: March 12, 2019
Revised: April 29, 2019
Revised: June 3, 2019
Revised: June 24, 2019
Revised: July 15, 2019
Revised: July 31, 2019
Revised: August 21, 2019 (BOS Approval Date)
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, 45-101B, 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
Active Urban Neighborhood Services
& Local Manufacturing
Neighborhood
Greenspace
Residential
Single Family Attached/Townhouses SP SP N
Multifamily P P N
Non- Residential
Retail (Neighborhood, Community, Regional) P P N
General Commercial Service P P N
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Office / R&D / Flex P P N
Light Industrial / Self-Storage / Distribution SP P N
Auto Commercial Sales & Service SP P N
Institutional P P N
Parking Facilities/Structured Parking P P N
Water, sewer, energy and communications
distribution facilities
P P P
Accessory uses and buildings including storage
buildings
P P P
Temporary construction headquarters and
temporary construction storage yards (reference
5.1.18)
P P P
Public uses (reference 5.1.12) P P P
Group Homes P P N
Tier I and Tier II personal wireless service
facilities (reference 5.1.40)
P P P
Outdoor storage, display and/or sales serving or
associated with a permitted use, other than a
residential use
N SP N
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.
III. 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.
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• 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
Block
Approximate
Block Size
MIN
Dwelling
Units
MAX
Dwelling
Units
MAX
Block
Gross
Density
Permitted
Housing
Types
MIN Non-
Residential
SF
MAX Non-
Residential SF
Block 1 64,033 SF
Active Urban 1.47 Ac 30 112 76 DUA
Multifamily,
Group
Homes
0 290,900
Block 2 56,628 SF Neighborhood
Services &
Local
Manufacturing
1.3 Ac 0 62 47.7 DUA
Multifamily,
Group
Homes
0 290,900
Block 3 23,958 SF
Neighborhood
Greenspace .55 ac 0 0 0 Not
Permitted 0 600
TOTAL 3.32 Ac 30 112 33.7 DUA 0 582,400
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% 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 within the NMD are built incrementally, one (1) affordable unit shall be provided for every
seven (7) market rate units built.
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V. Green Space & Amenities (Section 20A.5d)
The table below establishes green space and amenities provided by block. The Greenspace provided in Block
3 is within the Amenity Area. The Amenity Area in Block 3 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
Area MIN
Green Space
Area MIN Green Space Elements
Block 1
Active Urban 0 0
Landscaping and Screening in
accordance with Sec. 32.7.9 of the
Albemarle County Code
Block 2
Local
Manufacturing &
Neighborhood
Services
0 0
Landscaping and Screening in
accordance with Sec. 32.7.9 of the
Albemarle County Code
Block 3
Neighborhood
Greenspace .55 Acre .5 Acre
Designed Landscape including Canopy
Cover and Understory, Landscaping and
Screening in accordance with Sec.
32.7.9 of the Albemarle County Code
% of total area 16.5% 15%
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VI. Parking Standards
Parking provided on site shall comply with regulations outlined in Sec. 4.12.6 of the Albemarle County Zoning
Ordinance unless a future parking and loading needs study is approved to allow for a lesser parking standard on the
property.
Bicycle parking may be one method utilized to alleviate the need for automobile parking.
Parking shall be constructed on site concurrent with the affiliated use.
VII. 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 an Entrance Corridor in Block 1 and Block 2 shall be subject
to Architectural Review Board (ARB) review and Sec. 30.6 “Entrance Corridor Overlay District” of the Albemarle
County Code. ARB review shall occur during site plan review.
Additional Architectural Standards:
The rear façade of any building containing a primary use in Block 2 shall be subject to the following
architectural standards:
Material Treatments MIN EIFS Treatment
Coverage MAX
Transparency MIN
3 49% 9%
1.) Windows and doors shall not contribute to the minimum number of material treatments
2.) Façade relief shall be consistent with Image 1 provided in this Code of Development
3.) Whichever material treatment is used on the rear façade nearest to the corners (shared by the rear and
side façades) shall extend horizontally for a minimum of 5’ along the side facades
Image 1.
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Historic Resources
There are no designated historic sites or structures on the property.
VIII. 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 2/Southern Portion of Block 3: The area located at the rear of Block 2 adjacent to Block
3 and the southern portion of Block 3 shall feature medium or large trees appropriate
for the planting conditions at a minimum spacing of 30’. One and a half (1.5) understory canopy
trees shall be provided for every medium or large tree located in this area.
Landscape improvements in Block 1 and the Right of Way Dedication area shall be provided in accordance with the
proffer statement provided with this ZMA. Block 1 shall be a maintained landscape until the Block is improved with
structures.
IX. Lot & Building Height Regulation (Section 20A.5i)
Table D. Lot & Building Regulation
Table D. Lot and Building Regulations
BLOCK 1 BLOCK 2 BLOCK 3
Active Urban
Neighborhood
Services & Local
Manufacturing
Neighborhood
Greenspace
Building Height
Stories Primary 3 Min.– 6 Max. 2 Min.– 6 Max. 1 Max
Ground Floor to
Floor 14’ Min. 9’ Min N/A
Setbacks
Front 2' min. – 12' max. N/A 5’ min.
Side 0' 0' 5’ min.
Rear 0’ 0’ 15’ min.
Stepbacks
Minimum 15’ after the
4th Floor Ceiling
Height or 50’ Vertical
Height whichever is
lesser
Minimum 15' after the
4th Floor Ceiling
Height or 50' Vertical
Height whichever is
lesser
(see note 3 for rear
stepback)
N/A
Frontage Build-out 70% min. N/A N/A
Other
Allowable Building
SF 290,900 290,900 600
Min Lot Size SF 2,000 2,000 N/A
Ground Floor
Transparency MIN
Front Façade:
residential: 30%;
commercial 60%
(see Section VII)
N/A
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Rear Façade:
Residential: 10%
Commercial: 15%
All Other Facades:
Residential: none
required
Commercial: none
required
MIN Distance
Between Front
Façade Ground
Floor Pedestrian
Entrances
residential 100';
commercial 50'
residential 100';
commercial 50'
Lot Coverage 90% Max 90% Max 10% Max
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 W
as shown on Sheet 7 of the Application Plan.
5.) Frontage build-out is measured as the portion of the minimum 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.
X. Phasing
The purpose of the following conditions is to ensure mixed-use development of the property satisfies
Neighborhood Model District principles and objectives outlined in the Rio Road W Small Area Plan and
Albemarle County Comprehensive Plan.
Block 1 Landscape Improvements
The property owner shall install landscape improvements in Block 1 adjacent to the Rio Road W Right-of-Way
in accordance with all applicable provisions of Sec. 32.7.9 of the Code of Albemarle and Entrance Corridor
Design Guidelines within one year of the issuance of certificate of occupancy for any building in Block 2 and
the owner shall construct an 8’ sidewalk consistent with the Technical Conceptual Section shown on Sheet 7 of
the Application Plan, prepared by Shimp Engineering dated October 18, 2018 and last revised June 24, 2019,
provided that commencement of construction of any building in Block 1 has not occurred, where construction
shall be considered installation of utilities, building footers, or other site improvements necessary for building
completion. If commencement of construction of any building in Block 1 has occurred within one year of
issuance of certificate of occupancy of any building in Block 2, the property owner shall provide landscape
improvements in accordance with all applicable provisions of Sec. 32.7.9 of the Code of Albemarle and
Entrance Corridor Design Guidelines within one year of the issuance of certificate of occupancy of any building
in Block 1.
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Block 1 Building Construction
A building permit for any primary building in Block 1 shall be obtained within two years of issuance of certificate
of occupancy of any primary building in Block 2. If, for any reason, a building permit for any primary building in
Block 1 is not obtained and actively pursued within two years of issuance of certificate of occupancy of any
primary building in Block 2, then the property owner of Block 1 shall make a cash contribution to Albemarle
County. A cash contribution payment shall commence two years after issuance of certificate of occupancy for
any primary building in Block 2 (the “anniversary”) and shall be paid to the County within 30 days after the
anniversary and within 30 days after every subsequent anniversary until an initial zoning inspection affiliated
for a building permit is obtained for any primary building in Block 1. The annual cash contribution amount shall
be $10,000.00.