HomeMy WebLinkAboutZMA202100002 Action Letter 2021-11-24County of Albemarle
Community Development Department - Planning
October 25, 2021
Rachel Falkenstein - Planning Manager
Action Memo to File
Rachel Falkenstein
rfaIkenstein@aIbemarle.org
Telephone: (434) 296-5832 ext.3272
RE: ZTA201900006 R1029 Form -Based Code & ZMA202100002 R1029 Form -Based Code Action Memo
On September 1, 2021 the Board of Supervisors approved the Zoning Text Amendment and Zoning Map Amendment to
establish an optional form -based code overlay district in the Rio29 Small Area Plan Area, and a proposed amendment to
the zoning map under Albemarle County Code § 18-1.7, Zoning Map, by adding one or more maps delineating the
boundaries of the Rio29 Form -Based Code Overlay District and depicting the Core Character Area, the Flex Character
Area, and the Edge Character Area therein. This overlay district is proposed for the area within a half -mile radius of the
intersection of Rio Road and U.S. Route 29, except for (a) the Berkeley, Four Seasons, Woodbrook, Greenfields,
Northfields, and Raintree subdivisions, (b) the Oakleigh NMD, and (c) Tax Parcels 04500000002600, 045000000026A1,
045000000026A2,04500000002700,045000000027A0,045000000027130,045000000029A0,045000000093A0,
045000000093130,04500000009500,045000000095A0,04500000010800,06100000013400,061Z0030000600,
061Z0030000700, and 061ZO030000800 (see attached Zoning Map).
Cc. Lea Brumfield
Senior Planner II- Zoning Division
WWW.ALBEMARLE.ORG
401 McIntire Road, North Wing, I Charlottesville, VA 22902-4579
ORDINANCE NO. 21-18(4)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE III, DISTRICT REGULATIONS, OF THE
CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article III, District Regulations, are hereby amended and reordained as follows:
By Adding:
Sec. 20C Rio29 Form -Based Code Overlay District - Rio29FBC District
By Amending:
Sec. 30.6.4 Certificates of appropriateness
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ARTICLE III. DISTRICT REGULATIONS
SECTION 20C - R1029 FORM -BASED CODE OVERLAY DISTRICT - R1029 FBC DISTRICT
Sec. 20C.1 - Purpose and intent.
The Rio29 Form -Based Code Overlay District (Rio29 FBC District) is created to encourage a development
pattern consistent with the vision described in the Rio29 Small Area Plan. The Rio29 Small Area Plan envisions
an area that is:
1. A multimodal hub with a connected network of complete streets, which are designed for all users;
2. A vibrant and diverse mixed -use community with interesting character and a human -scale built
environment; and
3. A place enhanced through conservation with a network of sustainable and usable public spaces that
enrich community and preserve and enhance natural resources.
The Rio29 Form -Based Code (Rio29 FBC) is intended to support redevelopment of existing conventional
suburban development to establish new, compact development patterns with an urban scale, mass, density,
and a mixture of uses within close proximity to each other. Further, the Rio29 FBC is intended to:
1. Allow development that achieves the vision through an administrative process;
2. Establish clear expectations for residents, property owners, developers, and the County for new
development;
3. Be applied upon adoption and allow the area to transition over time to meet the vision; and
4. Strike the appropriate balance between regulation to achieve the desired form, and flexibility to
accommodate market changes, creativity in design, and a mix of uses.
The purpose and intent of each section outlined below are based on this vision. The provisions outlined will
inform the development of property within the Rio29 FBC District and provide administrative guidance for
waivers or exceptions to the Rio29 FBC.
A. Uses. Regulation of uses in the Rio29 FBC District is de-emphasized in favor of regulation of street,
site, and building forms. Some use regulations remain to avoid negative impacts to residents and other
uses.
B. Streets. Streets in the Rio29 FBC District are designed as "complete streets" to balance the safety and
needs of all forms of traffic: pedestrian, bicycle, transit, and vehicular. A street's designated character
area(s) and function(s) determine the applicable design standards.
Local streets within the Core prioritize walkability and pedestrian comfort, with automobile movement as
a secondary focus.
page 1
C. Building standards. Building standards govern the physical form and mass of buildings in relation to one
another by establishing basic parameters for development. These parameters include building height,
ground floor ceiling height, block length, and build -to range. The purpose of the building standards
section is to support development that is well-connected, walkable, human -scaled, and includes a high -
quality public realm.
D. Parking and loading standards. Parking and loading standards promote a "park once' environment
that enables convenient access to a variety of activities by walking, biking, and using transit. These
standards encourage shared parking to reduce fragmented, inefficient, and single -purpose parking.
Parking and loading standards provide access and walkability to activities within the Rio29 FBC
District, while preventing adverse parking impacts on the pedestrian environment, public spaces, and
neighborhoods adjacent to developments.
Short-term bicycle parking standards create convenient and accessible bicycle parking areas for
customers and other visitors.
Long-term bicycle parking standards create secure and weather -protected bicycle parking areas for
employees, residents, commuters, and other visitors who generally stay at a site for several hours.
E. Architectural design standards. The physical design of buildings and neighborhoods contributes
significantly to the overall experience of a community. The distinctive characteristics of various buildings
make streets interesting, and make neighborhoods satisfying places to live and work. Simplicity
in design, honesty in expression, quality craftsmanship, human -scale proportions, and variety in
compositions and details establish a comfortable, welcoming environment.
Architectural design standards set parameters for the exterior design of buildings, addressing
appearance using appropriate materials, configurations of building elements, and suitable building
techniques. The purpose of the architectural standards section is to reinforce a human -scaled
environment with active streets and visual interest and to establish a sense of place that is unique to
the Rio29 FBC District.
F. Civic space standards. Civic spaces are intended to be places for community members to gather and
recreate, and should improve sustainability through the provision of green infrastructure services. Civic
spaces include (but are not limited to): squares, plazas, greens, linear parks, pocket parks, natural
areas, and indoor civic gathering spaces.
G. Affordable housing requirement. The provision of affordable housing is required in all residential
developments containing five or more residential dwelling units to ensure a variety of housing types
and levels of affordability are provided in alignment with the Albemarle County Comprehensive Plan
(Chapter 9, Housing) and the Housing Albemarle policy (Albemarle County Comprehensive Plan,
Appendix 9).
(§ 18-20C.1, Ord.21-18(4), 9-1-21)
Sec. 20C.2 -Administration and general provisions.
A. Title. This Code is known as the Rio29 Form -Based Code (Rio29 FBC).
B. Applicability.
1. The Rio29 FBC is an optional zoning tool. Property owners who do not opt into the Rio29 FBC
retain their existing zoning. Use of the Rio29 FBC is selected through the filing of an application for
development under the Rio29 FBC. Properties developed pursuant to the Rio29 FBC must comply
with all provisions of the Rio29 FBC.
2. Properties located in the Rio29 FBC District (as designated on the Regulating Plan) may use or
develop property pursuant to the Rio29 FBC. After such use or development, all uses permitted
pursuant to section 20C.6 are permitted on the property, subject to all Rio29 FBC regulations.
3. If an owner develops a parcel pursuant to the Rio29 FBC, Rio29 FBC regulations apply to the
entire parcel as it existed on September 1, 2021.
4. Parcels developed under the Rio29 FBC may not subsequently develop subject to the district
regulations of the underlying district.
page 2
5. Redevelopment of existing structures or incorporation of existing structures in the development of
a parcel may occur in a phased manner by submitting a conceptual plan showing the proposed
redevelopment. Existing structures incorporated into a conceptual plan are required to meet all
provisions of the Rio29 FBC.
6. In the event of any variation or conflict between any provisions of the Rio29 FBC and other
sections of the Albemarle County Code, the provisions of the Rio29 FBC govern. For development
standards not covered by this Rio29 FBC, applicable sections of the Albemarle County Code apply.
Similarly, all development must comply with all applicable Federal, State and County regulations
and ordinances including (but not limited to) Albemarle County Code Chapter 17 (Water Protection)
and other environmental regulations.
C. Application requirements and review process.
1. Preapplication meeting. Any prospective application for development in accordance with the Rio29
FBC must request and hold a meeting with the Community Development Department before
submitting an initial site plan. This meeting is referred to as the "pre -application meeting."
a. Submitting information. The applicant must complete and submit information on County
-provided forms before or during the pre -application meeting.
b. Purposes for a pre -application meeting. The purposes for a pre -application meeting are to:
i. Provide the applicant and the County a common understanding of the proposed project;
ii. Inform the applicant about the proposed project's consistency with the Regulating Plan,
other relevant policies, and County regulations;
iii. Broadly identify the planning, zoning, and other issues raised by the application that
need to be addressed by the applicant;
iv. Inform the applicant about the applicable procedure; and
v. Allow the Director of Planning to identify the information the applicant must submit with
the application pursuant to section 32.5.
2. Submission requirements.
a. Owners opting to use or develop a parcel pursuant to the Rio29 FBC must submit a Rio29
FBC application at the time of initial site plan submittal.
b. Initial site plan. The applicant must complete and submit an initial site plan according to the
requirements outlined in section 32.5.2.
c. Final site plan. The applicant must complete and submit a final site plan according to the
requirements outlined in section 32.6.2.
3. Conceptual plan.
a. A conceptual plan must be submitted when a new use or redevelopment is proposed that
will retain and/or reuse existing buildings, either temporarily or permanently, or if a phased
development is proposed that will not bring the full property in compliance during the first
phase of development.
b. The conceptual plan must be submitted as part of the Initial Site Plan or as required in
section 20C.2.D as part of a special exception. The conceptual plan must include the
following:
i. The location of all new development on the site;
ii. The location, condition, and any renovation of existing buildings to be retained;
iii. Any existing site improvements (such as parking areas, landscaping, and open space)
to be retained;
iv. The location of existing streets to be retained, future streets, and future connections to
streets on adjoining parcels;
v. The location of existing and proposed civic spaces;
vi. The proposed uses on the site;
vii. A phasing plan showing phase lines and the proposed sequence of development; and
page 3
viii. A summary of any modifications requested.
D. Special exceptions.
1. In addition to special exceptions granted under section 33, special exceptions from the Rio29 FBC
may be granted by the Board of Supervisors for the following:
a. The allowance of multi -family and single-family attached dwellings that occupy greater than
66 percent of the ground floor street -facing fagade within the Core character area;
b. The allowance of a single -use artisan manufacturing building with a footprint larger than
20,000 square feet within the Edge character area;
c. Modifications to building standards or to architectural design standards related to the
inclusion of existing buildings, subject to the conceptual plan requirements of section
20C.2.D.3;
d. Modifications to block length for reasons other than those listed in section 20C.8.C.2;
e. Relief from the provisions of 20C.2.B.3 to allow the Rio29 FBC to apply to a portion of a
parcel existing on September 1, 2021. In addition to the submittal requirements of section
33 the applicant must submit a conceptual plan showing how the entire property could be
developed in accord with the regulations of the Rio29 FBC.
2. Special exceptions from the provisions of the Rio29 FBC may be granted by the Board of
Supervisors upon a finding that the special exception:
a. Furthers the purpose and intent of the provisions of the Rio29 FBC as described in section
20C.1 (Purpose and intent);
b. Is consistent with the Regulating Plan; and
c. Is consistent with the Comprehensive Plan.
3. Special exceptions to allow modifications to building standards or architectural design standards
related to inclusion of existing buildings, or to allow relief from provisions of section 20C.2.B.3, may
be.granted by the Board of Supervisors following the submittal of a conceptual plan, where the
following additional conditions are met:
a. Renovations must not cause existing building(s) to become more nonconforming as to
building standards, architectural standards, or any other relevant requirements of this code.
b. Streets that provide site access and/or connectivity to adjacent properties must be
constructed or upgraded to meet the requirements of Section 20C.7 and be completed prior
to commencement of the use, issuance of a zoning clearance, or issuance of a Certificate of
Occupancy for the first phase of development.
c. Where a new use is proposed under section 20C.6, existing buildings (constructed prior to
September 1, 2021) being retained must be shown as part of the phase in which the building
will be first used. The following site and building improvements must be provided prior to
commencement of the use, issuance of a zoning clearance, or issuance of a Certificate of
Occupancy for the phase of development of the building's first use:
L Streets to serve each phase of development must be constructed or upgraded to meet
the requirements of section 20C.7 with each phase of development.
ii. The minimum area of required civic space, calculated based on the gross acreage of
each phase, must be constructed and dedicated with each phase of development.
iii. All existing buildings to be retained must meet architectural design standards of section
20C.10 with each phase of development.
d. Any other conditions as determined by the Board of Supervisors
E. Agent. The Director of the Albemarle County Community Development Department is hereby
designated the Agent of the Board of Supervisors for the purpose of administering the Rio29 FBC,
except as otherwise expressly provided. The Agent or their designee has the power and duty to
consider and act on requests to vary or except certain Rio29 FBC regulations, pursuant to the Rio29
FBC. All references to the Agent in this section may apply to the Agent or their designee.
(§ 18-20C.2, Ord.21-18(4), 9-1-21)
page 4
Sec. 20C.3 - Definitions.
The following definitions apply only for purposes of the Rio29 FBC.
Alley. "Alley' means a narrow, one -lane road with provisions to access utilities and loading areas.
Articulation of a fagade. "Articulation of a fagade" (or "fagade articulation") means changes in the depth
of the surface of a building face or fagade such as attached columns, recessed windows or window
bays, horizontal banding, or decorative cornices. Articulation gives texture to the building surface.
Artisan manufacturing. "Artisan manufacturing" means the production, display, and sale of individually
crafted tangible goods such as artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven
article, baked or prepared food and drink, watercraft, and similar items. Artisan manufacturing does not
include industrial -scale mass production.
Avenue. "Avenue" means a two-lane, medium -capacity street with provisions to serve both local and
through pedestrian, bicycle, and automobile traffic, as well as transit. Berkmar Drive and Hillsdale Drive
are Avenues.
Block. "Block" means an increment of land circumscribed and not traversed by streets (alleys and
pedestrian pathways excepted). Block length is measured along the edge of a street right-of-way. The
measurement is taken along parcel frontages from one corner of a street right-of-way to the next.
Boulevard. "Boulevard" means a four -lane, high -capacity street with provisions to serve both local and
through pedestrian, bicycle, and automobile traffic, as well as transit. Rio Road is a Boulevard.
Build -to range. "Build -to range" means a minimum and maximum threshold located on the front(s) of
a lot where the structure must be located, measured from the rear edge of the right-of-way or external
civic space. The building's street fagade wall must be located within the build -to range. Fagade
articulation, such as window or wall recesses and covered porches, balconies, chimneys, eaves, and
like architectural projections are not counted as the building fagade line.
Civic space. "Civic space" means an area dedicated to public use that is designated for gathering,
socializing, and recreation. Civic space is usually in the form of open outdoors space but may also be in
the form of indoor civic gathering spaces.
Commercial parking. "Commercial parking" means the use of surface or structured parking for rent,
lease, or sale.
Community facility. "Community facility' means a public or private recreational, safety, cultural, or
religious use or facility such as a camp, volunteer fire/rescue station, religious assembly use, museum,
community center, or similar facility.
Conceptual plan. "Conceptual plan" means a plan submitted pursuant to section 20C.2.C.3 that
delineates the overall scheme of redevelopment where a new use or redevelopment is proposed that will
retain and/or reuse existing buildings.
Cultural amenity space. "Cultural amenity space' means a museum, art gallery, or other cultural facility
located within a structure. This type of facility must be open to the public on a regular basis.
Development site. "Development site" means property to be developed pursuant to the Rio29 FBC.
page 5
Fagade segment length. "Fagade segment length" means the length of a building fagade without
horizontal or vertical plane articulation.
Indoor civic space. "Indoor civic space' means an indoors gathering space that provides public access
and cultural, horticultural, or other indoor amenities, designed to accommodate recreational functions
including (but not limited to): public meeting spaces, sitting, relaxing, picnicking, or education.
Institutional uses. "Institutional uses" means public or private health or educational uses and facilities
such as schools, training centers, universities, hospitals, assisted living facilities, skilled nursing facilities,
children's residential facilities, or similar facilities.
Landscaped separation zone. "Landscaped separation zone" means the area between the sidewalk and
right-of-way that is designed according to the streetscape elements standards in section 20C.7.C.
Light industrial uses. "Light industrial uses" (LI) means processing, fabricating, assembly, or disassembly
of items that take place wholly within an enclosed building and that are compatible with, and do not
detract from, surrounding uses. Light industrial uses may involve use of tools or machinery. Large scale
storage or warehousing of materials are not light industrial uses.
Linear park. "Linear park" means a long, uninterrupted park within an urban area that features a
shared use path (SUP) linking a greenway with other amenities and trails, designed to accommodate
recreational functions including (but not limited to): walking, running, cycling, sitting, and relaxing.
Live -work dwelling unit. "Live -work dwelling unit" means a dwelling unit that consists of both a residence
and a commercial or manufacturing space used by at least one resident of the unit.
Local street. "Local street" means a two-lane, low -speed street with provisions to serve local pedestrian,
bicycle and automobile traffic.
Natural area. "Natural area" means a vegetated outdoor civic space of at least 0.5 acres with little to no
impervious surfaces, designed to accommodate wildlife habitats and recreational functions including (but
not limited to): walking, jogging, biking, relaxing, or picnicking.
Pedestrian passages. "Pedestrian passage' means a pedestrian -only street with provisions to serve
local pedestrian traffic safely and conveniently. Pedestrian passages are open to the sky, except for
canopies and trellises.
Plaza. "Plaza" means an outdoor civic space of 0.25 — 2 acres surrounded on all sides by buildings or
roads, designed to accommodate recreational functions including (but not limited to): relaxing, sitting or
strolling, casual gatherings, picnics, and organized events.
Pocket park. "Pocket park" means a small park embedded within an urban or suburban neighborhood
of 0.2 — 0.5 acres, designed to accommodate recreational opportunities for residents and employees of
nearby developments, including (but not limited to): relaxing, sitting, strolling, gardening, dog -walking,
playing, or casual gatherings. The park may help the meet needs for public or private open space and
stormwater management.
Public green. "Public green" means an open outdoor civic space of 0.5 — 5 acres surrounded on all sides
by buildings or roads, designed to accommodate recreational functions including (but not limited to):
relaxing, sitting or strolling, casual gatherings, or organized events.
page 6
Public art. "Public art" means the application of creativity by artists to the production of tangible objects,
including (but not limited to): paintings, carvings, collages, sculptures, frescoes, mosaics, site -specific
installations, mobiles, engravings, bas-reliefs, and murals. Architects and landscape architects are not
artists for purposes of this definition.
Rideshare. "Rideshare" means a transportation service in which a passenger travels in a private
vehicle driven by the vehicle's owner, especially as arranged by means of a website or a mobile phone
application.
Sidewalk clear zone. "Sidewalk clear zone" means a contiguous, unobstructed portion of sidewalk that
allows the safe and convenient passage of pedestrians.
Square. "Square" means a primarily hardscaped outdoor civic space'/z to 1 block in size, designed to
accommodate a variety of functions, including (but not limited to): farmers' markets, outdoor games, food
truck sales, concerts, social gatherings, civic gatherings, outdoor learning spaces, pop-up businesses,
and passive recreation.
Street fagade. "Street fagade" means the building elevation facing a street or civic space. Building walls
facing private interior courts, common lot lines, alleys, or pedestrian passages are not street fagades.
Street furniture. "Street furniture" means benches, seating, and tables that are available for public use
along the street frontage.
Through corridor. "Through corridor" means a high -capacity, high speed street with provisions to serve
local and regional traffic. Route 29/Seminole Trail is the only through corridor.
Transparency. "Transparency' means the amount of glass in windows and/or doors (including any
mullions, muntins and frames) as a percentage of the building fagade. Glass must have low reflectivity.
Semi -transparent, opaque, frosted, etched, and mirrored glass do not qualify as transparent glass.
(§ 18-20C.3, Ord.21-18(4), 9-1-21)
page 7
Sec. 20C.4 - Character areas.
Establishment of character areas. The Rio29 FBC District contains three character areas: Core, Flex and
Edge. Designated character areas determine the appropriate uses and forms of development within each
designated character area. The uses and forms of development are intended to implement the adopted Rio29
Small Area Plan.
A. Core. The Core character area has the highest intensity and most urban form of development within
the District. Development encompasses a mixture of uses and an active street life, encouraged by
transparent faeades, taller ceiling heights, and non-residential uses on the ground floors of buildings.
Well -designed civic spaces enhance an urban and pedestrian -friendly experience. People can easily
walk, bike, and use transit to reach their destinations within and outside of the Core.
B. Flex. The Flex character area accommodates a range of building forms and uses to transition from
higher intensity urban development in the Core to the lower intensity development along the Edge.
The Flex physically connects the Core and the Edge and has a variety of building heights and block
sizes. This connection is enhanced through a network of civic spaces and pedestrian, bike, and transit
options.
C. Edge. The Edge character area exhibits less intense development than the Core and Flex, given its
location next to existing residential neighborhoods. Buildings are expected to have lower heights and
smaller forms, while continuing to provide neighborhood services and a mixture of uses.
(§ 18-20C.4, Ord.21-18(4), 9-1-21)
Sec. 20C.5 - Regulating plan.
The Rio29 FBC Regulating Plan indicates the designated character area for each property within the Rio29
FBC District. It also includes the general location of required civic spaces, pursuant to section 20C.11.
The Rio29 Small Area Plan includes a Future Connectivity Plan, which depicts an interconnected network
of street types as depicted in section 20C.7. Site plans under the Rio29 FBC should reference the Future
Connectivity Plan. While redevelopment and new development will determine the actual location of streets, site
plans should provide direct multi -modal connections that will allow people to easily walk, bike, and use transit
to reach their destinations within and outside of the Rio29 District.
(§ 18-20C.5, Ord.21-18(4), 9-1-21)
Sec. 20C.6 - Permitted uses.
A. Permitted uses. The uses permitted in each character area are listed in Table 1. Accessory uses are
permitted unless explicitly prohibited in Table 1.
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B. Use provisions.
1. General provisions.
a. Any materials stored outdoors, with the exception of outdoor display for advertisement, must
be hidden behind an opaque fence to screen the ground -level view from any public right-of-
way or any residential use, and materials may not be piled or stacked higher than the opaque
fence; and
b. Any use producing noise, vibrations, glare and heat, or electrical disturbance that is subject
to the performance standards of section 4.14 must be conducted within an enclosed building;
and
c. Each prospective use of an industrial or manufacturing character must submit a certified
engineer's report pursuant to section 4.14.5. prior to commencement of the use, issuance of
a zoning clearance, or issuance of a Certificate of Occupancy for the site.
2. Multiple -family dwellings and single-family attached dwellings.
a. Multiple -family dwellings and single-family attached dwellings may locate on the ground floor
of the Core character area, provided that:
i. No more than two-thirds of the ground floor street facing fagade of a single building may
be occupied by multiple -family or single-family attached residential uses. This standard
does not apply to fagades facing through corridors;
ii. The construction and design of the ground story must allow for future conversion to a
commercial use. The ground floor must be sprinklered as required under the Virginia
Construction Code for commercial uses; and
iii. Temporary false floors or drop ceilings are permitted to allow shorter ground floor ceiling
heights, provided that a future conversion could comply with section 20C.8.
3. Live -work dwelling units.
a. Any non-residential use of a live -work dwelling unit must be conducted by one or more
residents of the unit.
b. Any non-residential use of a live -work dwelling unit must comply with all performance
standards of section 4.14.
c. Any non-residential use of a live -work dwelling unit must obtain a zoning clearance prior to
commencing the use.
d. The commercial or manufacturing space in a live -work dwelling unit must have a ceiling
height of at least 12 feet.
e. The residential and commercial or manufacturing spaces in a live -work dwelling unit may not
be sold, rented, or subleased separately.
f. Live -work dwelling units may have a maximum floor area of 3,000 square feet.
4. Artisan manufacturing.
a. Any individual artisan manufacturing establishment may not employ more than 20 full-time
employees or the equivalent part-time employees.
b. Any individual artisan manufacturing establishment may have regular storefront hours during
which a portion of the premises is open to the public for sale of finished products.
c. An artisan manufacturing use may hold workshops, classes, or events related to the
manufacturing use, provided they are accessory to the manufacturing use.
d. Single -use buildings containing an artisan manufacturing use within the Edge character
area may not exceed a building footprint of 20,000 square feet, unless granted a special
exception.
5. Light industrial.
a. Alight industrial use may hold, workshops, classes, or events related to the manufacturing
use, provided they are accessory to the manufacturing use.
6. Public art.
a. The following items are not considered public art, for purposes of the Rio2g FBC:
reproductions or unlimited copies of original artwork; mass-produced art objects; the overall
architectural design of a building; architectural rehabilitation or historic preservation; and
page 10
logos or interpretations of logos.
b. Public art must be located outside of buildings and be completely visible from the public
right-of-way or on a publicly viewable fagade. It must be permanently fixed, outside of sight
distance triangles.
7. Temporary uses.
a. Temporary uses must obtain a zoning clearance prior to operation, for operation of up to 180
days. Temporary use zoning clearances may not be renewed.
b. All use permitted in a character area under the Rio29 FBC may be permitted as a temporary
use per Table 1.
c. Structures used for temporary uses. Temporary uses are permitted in structures in the Rio29
District built before September 1, 2021, and in the following structures as permitted by the
Building Code:
i. Modular buildings or shipping containers of less than 256 square feet as approved by
the Virginia Construction Code;
ii. Trucks and trailers located in place for more than two hours; or
iii. In tents or outside.
d. Temporary uses are exempt from sections 20C.7, 20C.8, 20C.10, 20C.11, and 20C.12.
e. Section 20C.9 applies to temporary uses under the Rio29 FBC.
f. Temporary uses in the Rio29 FBC District may request a temporary sign permit pursuant to
section 4.15.6, for a period of up to 180 days.
8. Uses not specifically listed.
a. The Agent may determine that a use not specifically listed is permitted, provided that such
use is similar to the listed permitted uses in terms of locational requirements, operational
characteristics, visual impact and traffic generation. The Agent's determinations may be
appealed pursuant to section 34.
(§ 18-20C.6 Ord.21-18(4), 9-1-21)
Sec. 20C.7 - Street standards.
A. Street locations.
1. Each street must provide an interconnected network of streets consistent with the Rio29 Small
Area Plan.
2. New street locations will be determined in collaboration between the property owner, the Agent,
and VDOT.
3. Streets must provide a network of blocks with block lengths pursuant to section 20C.8.
4. Streets must: ,
a. Be coordinated with existing or planned streets as to location, width, grades and drainage
within the general area of the development site;
b. Connect to planned, existing, or platted streets in adjoining areas by dedication or reservation
of right-of-way.
5. All streets within a development site must be extended and constructed to the abutting property
lines to provide vehicular and pedestrian interconnections to existing or future development on
adjoining properties.
B. Street sections.
page 11
Figure 1: Boulevard streets
Sidewal
k •Bicycle
Lane
Lantlscapetl Bicycle
Separation Buffer
Travel
Lane
I
Travel Travel Travel
Lane Lane Lane
Landscaped
Median
•Bicycle Sidewalk with
Lane Ouldoor Seating
Bicycle Li ndomped
Buffer Separation
Zone
page 12
Figure 2: Avenue streets
-81-H-6'—+— 5--a',` 1111'—'"-5'—
Sidewalk Parking Travel Travel
Lane Lane
Landscaped Bicycle Bicycle
Separation Lane Lane
Zone
Parking Sidewalk
Landscaped
Separation
Zone
page 13
Figure 4: Lei
Sidewalk; Travel Travel Sidewalk
Lane Lane
Landscaped
Separation
Zone
Landscaped
Separation
Zone
page 15
CZD
r i
m iy
'm
a
Z� e6ed
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11
(elsye enup pue &g)fied q m) jopwoo gBnonll :g omBij
C. Street standards.
1. Streets within the Rio29 FBC District platted after September 1, 2021 must comply with the
following standards:
a. Rio Road must comply with Boulevard street standards;
b. Hillsdale Drive and Berkmar Drive, including extensions and future sections shown on the
Rio29 Future Connectivity Plan (see Rio29 Small Area Plan), must comply with Avenue street
standards.
c. All other streets must comply with local street standards.
d. Pedestrian passages and alleys may be provided at the option of the developer but, where
provided, must comply with Rio29 FBC standards.
e. Streets must meet the block length standards of section 20C.8.
2. Streets must meet the standards below, in collaboration with the Virginia Department of
Transportation (VDOT). Standards vary by street type and character area. Lane width and design
will be determined in conjunction with VDOT and Fire Rescue staff, and must comply as closely as
feasible with street sections shown in the Rio29 Small Area Plan.
Table 2: Street standards
'
Boulevard
Avenue
Local
streets
Local streets
Through
Pedestrian
Alleys
(Core)
(Flex/Edge)
corridor
passages:
Minimum
8ft
8ft
8ft
Eft
14 ft (Shared use
10ftminimum
Not required
sidewalkwidth
path standard)
pedestrian travel
way
Landscaped
Eft
6ft
Eft
6ft
8ft
18inminimum
Not required
separation
distance from
zone
buildings
Bicycle lane
5ft
5ft
Not
Not required
Not required
Not required
Not required
required
Bicycle buffer
3ft
n/a
n/a
n/a
n/a
n/a
n/a
Landscaped
Eft minimum
n/a
n/a
n/a
n/a
n/a
n/a
median
Parking
n/a
8ft
8ft
8 ft (optional)
n/a
n/a
n/a
3. Sidewalk standards generally.
a. Sidewalk width. Sidewalks wider than the minimum standards are permitted at the property
owner's discretion. Wider sidewalks may accommodate outdoor caf6s, other seating
associated with ground story uses, or small displays outside of pedestrian entrances,
provided that a five-foot wide sidewalk clear zone is maintained.
The five-foot sidewalk clear zone is not applicable to shared use paths (SUP). SUPs must not
be obstructed within the minimum required width.
b. Maintenance of sidewalks. Property owners must maintain any sidewalk beyond the minimum
sidewalk width and any sidewalk used to accommodate outdoor caf6s, other seating
associated with ground story uses, or small displays outside of pedestrian entrances.
page 18
D. Modifications to street standards.
1. The Agent may approve modifications to the street standards of this section, provided that the
resulting street meets the purpose and intent of this section and provides for continuity with
existing or planned streets on adjacent properties.
2. A SUP or two-way cycle track may be provided in lieu of bicycle/pedestrian facilities if it is deemed
appropriate by County Transportation Planning staff and VDOT, and the applicant can provide for
appropriate transition to adjacent facilities. SUPs must be designed and constructed in accord with
the Albemarle County Design Standards Manual.
3. The bicycle buffer may be reduced in width where a physical barrier is provided and where
appropriate transitions are provided to adjacent properties, if deemed appropriate by VDOT and
County Transportation Planning staff.
4. Appropriate locations for on -street parking must be determined in collaboration with County
Transportation Planning and VDOT staff during project design. On -street parking is required for
local streets within the Core, in locations deemed appropriate by Transportation Planning and
VDOT staff.
5. The landscaped separation zone may be reduced in width on local streets where street trees are
planted within grates or tree wells along sidewalks, provided that (a) the landscape design includes
adequate soil volumes below the pavement and (b) a minimum five-foot wide sidewalk clear zone
is maintained along the sidewalk.
E. Street ownership and maintenance.
1. Public streets. All boulevards, avenues, and local streets must be public streets and be dedicated
to public use, and acceptable to VDOT.
2. New Streets. Property owners or a third party approved by the Agent must construct the new public
streets and associated streetscape elements to serve their site as required in this section.
3. Existing Streets. Where a development site fronts existing public street(s), the property owner(s)
must:
a. Construct street or intersection improvements required by VDOT to safely accommodate
traffic to serve the site;
b. Construct sidewalks, landscaping, and other streetscape elements along the development
site frontage required by this section; and
c. Reserve land for future dedication along the development site frontage for future street
widening to accommodate on -street facilities such as bicycle lanes, bicycle buffers, and/or
medians, as required by this section. Land reserved for on -street facilities such as bicycle
lanes, bicycle buffers, and/or medians must be dedicated to the County upon demand of the
County.
4. Streetscape elements. Owners must dedicate to the County all required streetscape elements
between their lot lines and the backs of curbs upon the demand of the County. Any streetscape
elements that VDOT does not agree to maintain will be owned by the County, unless otherwise
specified in this section.
a. Privately owned and maintained streets.
i. Pedestrian passages and alleys. Pedestrian passages and alleys are optional, to be
owned and maintained by the property owner, unless other parties agree to maintain
them.
ii. Perpetual easement. The owner must ensure public access to the private street
through a perpetual easement. The easement must include any portions of streetscape
elements or pedestrian passages that are privately owned and maintained.
5. Instrument assuring maintenance. The owner must submit an instrument assuring the perpetual
maintenance of the streetscape elements, alleys, and/or pedestrian passages. The instrument will
be subject to review and approval by the County Attorney and must be suitable for recordation in
the office of the Circuit Court Clerk of the County.
page 19
F. Streetscape elements.
1. The following streetscape elements must be provided:
Table 3: Streetscape elements standards by street type
'Boulevard
Avenue)
'.Local streets (Core) r
Local streets (Flex/Edge);
Street lighting
R
R
R
R
Streettrees
Refer to section
Refer to section
Refer to section
Refer to section
20C.10.D
20C.10.D
20C.10.D
20C.10.D
Street furniture
At least 1 bench (or 4
O
At least 1 bench (or 4
O
seats) every 100-ft
seats) every 100-ft
Trash & recycling
1 trash and 1 recycling
O
1 trash and 1 recycling
O
receptacles
receptacle every 250-ft
receptacle every 250-ft
and at least 2 corners of
and at least 2 corners of
each intersection
each intersection
Street signage
Refer to section4.15
Refer to section4.15
Refer to section4.15
Refer to section4.15
Pedestrian
Required at locations
Required at locations
Required at locations
Required at locations
accommodations
deemed appropriate
deemed appropriate
deemed appropriate
deemed appropriate
in collaboration with
in collaboration with
in collaboration with
in collaboration with
VDOT and County
VDOT and County
VDOT and County
VDOT and County
transportation staff,
transportation staff,
transportation staff,
transportation staff,
according to Virginia
according to Virginia
according to Virginia
according to Virginia
Supplement to the2009
Supplement to the2009
Supplement to the2009
Supplement to the2009
MUTCD
MUTCD
MUTCD
MUTCD
Enhanced transit stop
R
I R
R
I R
Green infrastructure
O
O
R
O
/ stormwater control
measures
R = Required; O = Optional
G. Modifications to streetscape elements.
1. The Agent may grant substitutions or modifications to streetscape standards as listed above,
provided that the resulting streetscape meets the purpose and intent of this section and provides
for continuity with streetscapes of existing or planned adjacent streets.
2. Streetscape elements. The Agent may grant a reduction or modification in the number or frequency
of required streetscape elements if VDOT standards or the presence of existing overhead or
underground utilities, fire hydrants, curb cuts, or other existing features prevent the compliance
with the standards in this section.
3. Landscaped separation zone. The Agent may allow an alternative design and reduced width of
landscaped separation zones, provided that the landscape design includes adequate soil volumes
below the pavement.
H. Streetscape elements generally.
1. How to measure. Spacing of streetscape elements will be measured on an average distance along
the site frontage to meet the requirements of section 20C.7.G. Clustering of streetscape elements
is acceptable.
2. Streetscape elements must continue existing spacing patterns established on adjacent
developments, if applicable.
3. Lighting.
a. Lighting within the Rio29 FBC District must meet section 4.17.4 standards.
b. Lighting may be used as an integral design component to enhance architecture, landscaping,
and other site design elements.
page 20
4. Street Trees.
a. Street trees must be planted within appropriately sized grates or tree wells at grade or in a
planting strip abutting the sidewalk and spaced according to the table below.
b. Street trees must be selected from a current list of recommended large or medium shade
trees, subject to the approval of the Agent when site conditions warrant medium shade trees
per Table 4 below.
Table 4: Landscaping requirements by street type
Through corridor
Boulevard
Avenue
Localstreet
Landscaping
Large shade trees must
Large shade trees at
Large trees at least 2%
Large or medium trees
requirements
be at least 3inches
least 2%inches caliper
inches caliper (measured
at least 2 inches caliper
caliper (measured 6
(measured 6 inches
6 inches above the
(measured 6 inches
inches above the ground)
above the ground).
ground). The maximum
above the ground).
The maximum average
The maximum average
average distance
The maximum average
distance between trees
distance between trees
between trees must be
distance between trees
must be 50 feet or less
must be 50 feet or less
40 feet or less per block
must be 50 feet or less
per block length.
per block length.
I length.
per block length.
5. Street furniture. Street furniture must comply with the following standards.
a. Benches and seating.
i. Benches and seating must be made of durable, high -quality materials such as concrete,
wood, iron, steel, and fiberglass.
ii. Benches and seating must be provided at the interval provided in section 20C.7.F.
iii. Benches and seating may be clustered if the average number of seats/benches
provided is equivalent to the standard in section 20C.7.F.
iv. Fifty percent of clustered public seating or benches must comply with the Americans
with Disabilities Act Accessibility Guidelines (ADAAG), see ADAAG section 4.32.
v. Benches and seating must be located on or adjacent to a sidewalk. If benches are
located on a sidewalk, a five-foot wide sidewalk clear zone must be maintained along
the sidewalk. Benches must not be located where they may interfere with street trees,
transit stops, or streetlights.
vi. Benches and seating may be integrated as a part of other streetscape elements if
their primary function and accessibility is not compromised. This may include but is not
limited to seating integrated as a seat wall around trees and landscaping, or seating
incorporated as a part of public art.
vii. Temporary or movable seating may be used to meet the standards in section 20C.75,
to allow seats to meet specific social and microclimate needs. Temporary or movable
seating must be maintained by the property owner and remain open to the general
public, not just the patrons of an establishment.
b. Tables.
i. Tables must be made of durable, high -quality materials such as concrete, wood, iron,
steel, and fiberglass.
ii. Any tables and/or chairs placed on a sidewalk must maintain a five-foot sidewalk clear
zone.
iii. Temporary or movable tables may also be used to meet the requirements in section
20C.71, to allow tables to meet specific social and microclimate needs. Temporary
or movable tables must be maintained by the property owner and remain open to the
public, not just the patrons of an establishment.
6. Trash & recycling receptacles.
a. Trash and recycling receptacles must be made of durable, high quality materials, such as
galvanized or stainless steel.
b. Trash and recycling receptacles must be located at the intervals required in section 20C.7.F.
c. Trash and recycling must be located as near to corner and high activity generators (such
as major civic, commercial, and transit destinations) as is practical without interfering with
pedestrian, cyclist, transit, and vehicular traffic.
page 21
7. Pedestrian accommodations.
a. Marked crosswalks.
i. Marked crosswalks must be provided at locations deemed appropriate, pursuant to the
Virginia Supplement to the 2009 Manual on Uniform Traffic Control Devices (MUTCD)
Part 3. Markings.
ii. Marked crosswalks must be provided mid -block and at unsignalized locations deemed
appropriate pursuant to the VDOT IIM-TE-384.0 Pedestrian Crossing Accommodations
at Unsignalized Locations.
b. Signals. Pedestrian signals must be provided at all signalized crosswalks along all
boulevards, avenues, and local streets in the Core character area, pursuant to the Virginia
Supplement to the 2009 Manual on Uniform Traffic Control Devices (MUTCD) Part 4.
Highway Traffic Signals.
8. Enhanced transit stops.
a. Enhanced transit stops generally.
i. Any required enhanced transit stop must comply with the standards of the local transit
authority and the Rio29 FBC.
ii. Each enhanced transit stops must include a shelter and seating in accord with the
standards of the local transit authority.
iii. Each enhanced transit stop must be ADA accessible.
b. Enhanced transit stop locations.
i. Enhanced transit stops are required in locations currently served or that will be served
by Charlottesville Area Transit or other transit providers following completion of project
construction.
ii. Site plans for developments larger than two acres are subject to review by the Agent
and by local transit authorities to determine transit service needs.
iii. Transit stops must be located along a curb extension allowing transit vehicles to
stop and board passengers without leaving the travel lane. Where parking lanes are
provided, the stop must be aligned with the parking lane.
iv. Other streetscape elements, such as trash and recycling receptacles, signage, and
seating, must not obstruct sidewalks and accessible boarding areas.
c. Enhanced transit stop design standards.
i. An ADA accessible boarding area from the transit shelter and adjacent sidewalk must
be provided at each transit stop.
ii. Where boarding platforms are not level with the sidewalk, an ADA accessible ramp
must be provided from the sidewalk to the platform.
iii. Transit shelters must cover and protect at least one bench or four seats from weather
elements.
iv. Shelters may not block the minimum required widths of sidewalks or shared -use paths.
(§ 18-20C.7, Ord.21-18(4), 9-1-21)
page 22
Sec. 20C.8 - Building standards.
A. Building standards by character area.
Table 5: Building standards by character area
Through corridor':
Core
Flex
Edge
(all character
'. areas)
Building height'
Minimum height: 2 stories
Minimum height: 2 stories
Minimum height: 2
Minimum height:
stories
1 story
Maximum height:5 stories
Maximum height: 4 stories
Maximum height: 3
Maximum height:
stories
varies by character
Bonus factors:
Bonus factors:
area
Up to 7 stories may be
Up to 5 stories may be
1 story buildings
permitted when Bonus
permitted when Bonus
permitted by special
Categories are provided
Categories are provided
exception
under section20C.12
under section20C.12
(Affordable Housing
(Affordable Housing
Requirement).
Requirement).
Ground floor height
All buildings must have at
Not required
Not required
Not required
(measured floor -to -floor)
least a 15-foot ground floor
height.
Block length
200 - 350 feet
200 - 400 feet
200 - 500 feet
200 - 500 feet
Blocks longer than 300 feet
Blocks longer than 300 feet
Blocks longer than
Blocks longer than
must feature at least one
must feature at least one
300 feet must
300 feet must
mid -block alley or pedestrian
mid -block alley or pedestrian
feature at least one
feature at least
passage
passage.
mid -block alley or
one mid -block
pedestrian passage.
alley or pedestrian
passage.
Build -to range
0 - 10 feet
0 - 10 feet -
0 - 25 feet
0-35 feet
Maximum average distance
60 feet
75 feet
75 feet
n/a
between ground floor
pedestrian entrances
IBuilding height is measured pursuant to section 3.1.
B. Building standards generally.
1. Build -to range and street fagades.
a. At least 66 percent of a site's street frontage must be built within the build -to range, with the
exception of frontage along through corridors.
b. Ground floor street fagades within seven feet of a block corner are exempt from this
requirement, to allow for special treatments.
2. Block length.
a. No block face may have a length greater than 300 feet without an alley or pedestrian
pathway providing through -access to another street, alley, or civic space.
b. Development sites with less than 100 feet of street frontage are exempt from this
requirement.
page 23
C. Modifications to building standards. The Agent may grant modifications to building standards as listed
below, provided that the resulting building and site design still meets the purpose and intent of this
section.
1. Reduction of ground floor height. The Agent may approve a reduction in ground floor height
where a temporary false floor or drop ceiling is constructed to allow ground floor residential uses,
consistent with section 20C.6, provided that a future conversion to commercial uses could comply
with this section.
2. Block length. The Agent may approve modifications to required block lengths for the following:
a. To accommodate street connection(s) to existing or planned adjacent street(s);
b. To accommodate a requirement of VDOT or the Department of Fire Rescue;
c. To avoid a natural feature such as a water protection ordinance buffer or preserved slopes;
d. To avoid a planned or existing civic space;
e. To allow future streets to align with existing travel ways, private streets, or parcel lines within
or adjacent to the site;
f. To avoid or accommodate existing utilities; or
g. To allow smaller block sizes for drive aisles or counterflow streets along through corridors.
3. Required build -to range. Provided the modifications meet the purpose and intent of this section,
the Agent may approve modifications to required build -to -range and the requirement to build to
two-thirds of the site's street build -to range or both when natural features (such as existing mature
trees), terrain, or existing utilities would otherwise interfere with required build -to range.
4. Minimum height. The Board of Supervisors may approve modifications to the required minimum
height to allow the reuse of existing one-story buildings that are incorporated within a larger
conceptual plan, provided that conditions identified in section 20C.2.D are met.
5. Incorporation of green building design. The agent may approve modifications to section 20C.10 to
allow the incorporation of green building design.
D. StormwaterManagement. Each site plan must comply with all applicable requirements of section 32.
Figure 7. Building height measurement
1 Story
1 Story
1 Story
Ground Story
(15ft floor -to -floor)
i
s
a
i
s
0
1
Basement - - - - - - - -- -- -
•
If no more than 1/2 of a
story is located below
grade, it is not considered a
story.
Established Curb
Grade
page 24
Figure 8: Build -to range measurement
i-----------------------------I
�
I 100-ft street frontage
t--- ---------- ------ -- ---- - - - - I,
I
I
r �
I
I
I
I
I
I
I
Property boundary
Facade built to at least 66% of
the site's street frontage
Build -To Range
L_____________________________(0-10 feet in the Core and Flex
Y4 Character Areas)
Figure 7. Block -length measurement
I
I
I
I
I
I
I
,
I
- ❑ Pedestrian Passage - - - -�
Fd�G
I I
I ( �
Local Street I ❑ ❑ ❑ Q Q A ❑ ❑'
I �',
Alley
Block length is measured
along the edge of the -----------
street right-of-way, along
parcel frontages from one
corner of a street to the
next.
Page 25 Features that may be used to satisfy
(§ 18-20C.8, Ord.21-18(4), 9-1-21) block length requirement
Sec. 20C.9 - Parking standards.
A. Motor vehicle parking. The parking, stacking and loading requirements in section 4.12 of this chapter
apply to the Rio29 Form -Based Code Overlay District provided that the provisions of sections 4.12.4a,
4.12.5, 4.12.6, 4.12.7, 4.12.13a, 4.12.13c, and 4.12.13e do not apply to developments utilizing the
provisions of the Rio29 Form -Based Code Overlay District.
1. Location and type of motor vehicle parking areas.
Table 6: Location and type of motor vehicle parking areas by character area
'Core
Flex
Edge.
On -street surface parking
On -street surface parking
On -street surface parking
(parallel or angled)'
(parallel or angled)'
(parallel or angled)'
Off-street surface parking
Off-street surface parking (must
Off-street surface parking (must
(must be located to the rear of
be located to the rear or side of
be located to the rear or side of
Permitted parking types
buildings)
buildings)
buildings)
Structured parking
Structured parking
By special exception: structured
parking
All off-street parking should be
located to the rear or side of
buildings.
a. Parkingminimum
setback (primary use):
Surface parking must
be located at least 10
feet from the right-
of-way to allow for
adequate screening.
Structured parking
must be located within
the build -to range of
the property's desig-
Location and setbacks
nated character area.
b. Parking minimum
setback(accessory
use): Parking must be
located no closer to the
right-of-way than any
existing or proposed
primary structure on
the lot and at least 10
feet from the right-
of-way to allow for
adequate screening.
Parking types must be consistent with the frontage street type (see section 20C.7).
page 26
2. Required motor vehicle parking spaces.
Table 7: Required number of motor vehicle parking spaces by use
Non-residential
(excluding hotels and
lodging)
Hotels and lodging
Residential (including
live/work)
1 space per 1,000
0.5 spaces per guest
1 space per dwelling
Minimum
square feet of gross
room.
unit.
floor area.
The aggregate number of private, on -site, surface parking spaces may not
Maximum
exceed 150%of the aggregate parking minimum. There is no maximum
for residential developments.
3. Parking standards.
a. On -street parking. On -street parking, including parallel and angled street parking, is exempt
from parking setback requirements. Parking along a frontage street or drive aisle parallel to
a through corridor may also be exempt from the minimum setback requirement. On -street
parking is not permitted on boulevards and is required on local streets in the Core character
area.
b. Parking structure location. Parking structures are not required to meet the build -to range
along a through corridor.
4. Required motor vehicle parking standards.
a. The Agent may permit parking to be located off -site or shared if a shared parking agreement
is provided and the applicant demonstrates that the off -site parking facility is safely
accessible to a pedestrian within a walking distance of one -quarter mile from the offsite
facility to the entrance to the establishment. In determining safety and accessibility, the
Agent may consider the presence of pedestrian paths such as sidewalks, location of street
crossings, and obstacles to a pedestrian's safe passage between the off -site parking facility
and the development.
b. On -street parking located on or adjacent to the site may be counted towards the minimum
requirement.
5. Pick-up or drop-off zones.
a. Uses requiring 20 or more parking spaces must dedicate at least one space per 20 provided
spaces as a rideshare, cab, and delivery pick-up or drop-off zone.
b. The pick-up or drop-off zone spaces must be clearly labeled, with maximum loading times of
15 minutes during peak use hours.
c. If on -street surface parking is used to meet the minimum parking spaces requirement, the
pick-up or drop-off zone must be on -street surface parking.
d. Uses requiring fewer than 20 parking spaces are exempt from this requirement, unless a
shared parking agreement is used to meet this parking requirement.
6. Modifications to parking standards.
a. The Agent may grant the following modifications to minimum and maximum required parking
spaces, provided that the resulting parking still meets the purpose and intent of this section:
I. An increase in the required maximum parking spaces to allow for the redevelopment of
an existing surface parking area that is part of a larger conceptual plan;
ii. An increase in the required maximum parking spaces provided a parking and loading
needs study submitted by the owner demonstrates a clear need for additional on -site
parking and options for shared parking within one -quarter of mile of the site are not
available; or
iii. Reduction(s) in minimum required parking spaces consistent with section 4.12.12.
page 27
b. The Agent may grant the following modifications to parking area design requirements:
i. Reduction in parking space size to accommodate compact vehicles or autonomous
vehicles; or
ii. Reduction in access aisle minimum design requirements to accommodate compact or
autonomous vehicles.
7. Minimum landscaping requirements for parking areas.
a. Large trees measured at 2'/z inches caliper (measured six inches above the ground) must
align the perimeter of parking areas, located at least every 40 feet. These trees must be
evenly spaced, with species selected from the Recommended Plant List.
b. At least one tree must be planted in the interior of parking areas for every 10 parking spaces
provided.
c. Trees must be evenly distributed throughout the interior of the parking area.
8. Minimum design requirements for structured motor vehicle parking areas.
a. The ground story of structured parking must have non -parking uses located between the
parking structure and any sidewalk for at least two-thirds of the street fagade within the Core
character area, except for frontage along through corridors.
b. Structured parking at the perimeter of a building must be screened so that vehicles on all
parking levels are substantially screened from adjacent streets and civic spaces. Sloped
ramps may not be located along the perimeter of a parking structure.
c. Architectural features or vegetative screens are required to hide parked vehicles and shield
lighting that does not meet section 20C.10.E.
d. Parking structure fagades are exempt from the transparency requirements in Section
20C.10.B.
e. Parking structure fagades must meet the fagade articulation requirements in section
20C.10.C.
f. Signage and light sources internal to parking structures must not be visible from outside the
structure.
B. Bicycle parking location and type of bicycle parking facilities.
1. Short-term bicycle parking.
a. Required short-term bicycle parking must be visible from nearby bikeways and located:
i. On the public access level;
ii. Within fifty feet of the main building entrances; or
iii. Outside the building.
b. Required short-term bicycle parking maybe located on the sidewalk or within a landscaped
separation zone, in accord with this section, provided that a five-foot wide sidewalk clear
zone is maintained along the sidewalk.
2. Long-term bicycle parking.
a. Long-term bicycle parking must be covered and within:
i. A locked room or locker;
ii. An area enclosed by a fence with a locked gate;
iii. An area within view of an attendant or security guard or monitored by a security
camera; or
iv. An area visible from employee work areas.
b. Required long-term bicycle parking for residential uses may be located within dwelling units
or within deck, patio or private storage areas accessory to dwelling units, if approved by
the Agent.
c. Long-term bicycle parking spaces for non-residential uses may be located off -site, within 300
feet of the site, upon a determination by the Agent that such an arrangement would better
serve the public. The off -site parking distance is measured in walking distance from the
nearest point of the remote parking area to the closest primary entrance of the use served.
page 28
3. Minimum required bicycle parking spaces.
Table 8: Minimum number of required bicycle parking spaces by use
Non-residential uses
`' Residential uses
Short-term
1 space per 4,000 square feet of
0.1 spaces per bedroom
gross floor area
Long-term
1 space per 10,000 square feet of
0.5 spaces per bedroom
gross floor area
4. Minimum design requirements for bicycle parking facilities.
a. Bicycle parking facilities must:
i. Provide for storage and locking of bicycles, either in lockers, medium -security racks, or
equivalent installation in which both the bicycle frame and the wheels may be locked by
the user;
ii. Be designed not to damage bicycles;
iii. Facilitate easy locking without interference from or to adjacent bicycles;
iv. Be anchored so that they cannot be easily removed;
v. Be of solid construction, resistant to rust, corrosion, hammers, and saws;
vi. Be consistent with their environment in color and design; and
vii. Be incorporated whenever possible into building or street furniture design.
b. Bicycle parking areas must
I. Provide for adequate lighting both within the area and along the route to the building
entrance;
ii. Include adequate clearance around racks or lockers to give cyclists room to maneuver,
and to prevent conflicts with pedestrians or parked cars;
iii. Be clearly marked as such and separated from auto parking; and
iv. Be located on a paved or pervious, dust -free surface with a slope no greater than three
percent. Parking surfaces may not be gravel, landscaping rock or pebbles, or wood
chips.
c. Wall -mounted or similar bicycle racks may not exceed 25 percent of required short-
term bicycle parking.
5. Modifications to bicycle parking regulations. The Agent may grant modifications to bicycle parking
standards provided that the resulting parking still meets the purpose and intent of this section.
C. Loading. No loading facilities are required. Where provided, loading facilities must be located to the rear
and/or alley side of buildings, and consistent with section 20C.10.F.
(§ 18-20C.9, Ord.21-18(4), 9-1-21)
Sec. 20C.10 - Architectural design standards.
A. Sites within the Rio29 Form -Based Code Overlay District are eligible for staff -approved County-
wide certificate of appropriateness in Sec.30.6.4(b). Developments must receive a certificate of
appropriateness before a building permit is issued.
B. Transparency requirements. The following table outlines the minimum transparency requirements for
building fagades facing boulevards, avenues, local streets, pedestrian passages, and civic spaces in
each character area. Specific standards are outlined for buildings with frontage along through corridors.
These requirements do not apply to alleys, rear and interior side yard elevations, structured parking, or
buildings facing natural areas, unless specifically stated.
1. Minimum ground story transparency. Ground story transparency is measured between two and
twelve feet above the abutting sidewalk.
2. Minimum upper story transparency. A general minimum transparency requirement is measured
from floor to floor of each story above the ground story.
page 29
Figure 8: Minimum transparency requirements
Transparency is the amount of glass within the frames of windows and doors as a percentage of
the building facade. -,
Table 9: MinimumMinimum transparency requirements
Core
Flex
Edge
Buildings with frontage;
along through corridors.
Minimum Ground Story
60%
45%
30%
30%
Transparency
Minimum Upper Story
40%
25%
25%
25%
Transparency
C. Fagade articulation requirements.
1. Applicability. The maximum fagade segment length applies to building fagades facing through
corridors, boulevards, avenues, pedestrian passages, and civic spaces.
2. Maximum fagade segment length. No building fagade segment facing a boulevard, avenue,
pedestrian passage, or civic space may exceed double the building height proposed without a
physical or visual break in the plane of the fagade. Permitted options for articulating a fagade are
described in subsection 4.
3. Through corridor fagade articulation requirement. No building fagade segment facing a through
corridor may exceed four times the building height proposed without a physical or visual break in
the plane of the fagade. Permitted options for articulating a fagade are described in subsection 4.
4. Permitted options for articulating a fagade include:
a. Physical breaks in the plane of the fagade (such as wall recesses and vertical and horizontal
projections);
b. Visual breaks in the plan of the fagade, including material changes, texture changes, and
detailing; and
c. Roofline breaks, balconies, arcades, awnings and canopies.
Figure 9: Maximum facade segment length
1 Story
1 Story
1 Story
Ground Story
(Minimum Height:
15-ft floor -to -floor)
I
r >
No building facade segment without a
physical or visual facade break may
exceed double the building height
page 30
D. Minimum planting requirements.
1. All trees must be planted parallel to the street in the landscaped separation zone, pursuant to
section 20C.7.H.4
2. All trees and other vegetation species must be from the Recommended Plant List.
3. Each development site must use at least five different species selected from the Recommended
Plant List, with no more than 20% of one species used.
4. At least one large tree (2'/z inches caliper measured six inches above the ground) must be planted
in the interior of parking areas for every 10 parking spaces provided. These trees must be evenly
spaced.
5. No grading, trenching, or tunneling may impact more than 25 percent of the critical root zone
(CRZ).
6. Landscape plans must be prepared and sealed by a licensed landscape architect (as defined
under Code of Virginia § 54.1-400), a landscape designer certified by the Virginia Society of
Landscape Designers, an arborist certified by the International Society of Arboriculture, or a
horticulturalist certified by the Virginia Nursery and Landscape Association. This requirement may
be waived the Agent.
7. The following note must be included on each project's landscape plan: "All site plantings of trees
and shrubs must be allowed to reach, and be maintained at, mature height; the topping of trees is
prohibited. Shrubs and trees must be pruned minimally and only to support the overall health of the
plant."
E. Lighting requirements.
1. Outdoor luminaires. Light fixtures must comply with section 4.17.4.
a. Exterior, outdoor lighting must not exceed 2,000 lumens.
b. Light levels must not exceed 0.5-foot candles at the ground.
2. Color and appearance.
a. All exterior fixtures must be fitted with lamps with a white light and color temperature between
2000 and 3000 Kelvin.
3. Pole -mounted light fixtures.
a. Pole -mounted light fixtures (both the fixture and the pole) must be dark brown, dark bronze,
or black.
b. Freestanding pole -mounted light fixtures (including the base) must not exceed 20 feet in
height.
4. Decorative lighting. Lighting that is used to enhance architecture, landscaping and other site
design elements must comply with the following standards.
a. Exterior light used for decorative effect must comply with section 4.17.4.
b. Outdoor light fixtures in the Edge character area must be equipped with automatic timing
devices and must remain unlit between 11:00 p.m. and dawn.
c. Illuminations must not project beyond the architectural, landscaping, or site design elements.
F. Mechanical, service and loading requirements.
1. Applicability. In addition to the provisions of section 32.7.9.7 the following elements must be
screened from view from through corridors, boulevards, avenues, local streets, pedestrian
passages, and civic spaces:
a. Refuse collection, dumpsters, recycling bins, and refuse handling areas that accommodate a
dumpster or five or more trash or recycling cans;
b. Building or ground -mounted mechanical equipment, including (but not limited to):
transformers, backflow preventors, telephone risers, equipment cabinets, generators, and
similar devices;
c. Mechanical equipment on roofs;
d. Air conditioning or similar HVAC equipment;
e. Loading docks, berths, or similar spaces, including (but not limited to): service entrances and
maintenance areas; and
f. Outdoor storage of materials, equipment, and vehicles.
page 31
G. Permitted and prohibited building facade materials. Materials are permitted or prohibited for building
facades according to the table below.
Table 10: Permitted and prohibited building facade materials
Permitted
Materials
Prohibited
..Materials -
Allowed in LIMITED
.amounts
Stone
Natural stone/native stone
X
Stone veneer
X
Cast stone
X
Artificial stone (concrete base)
X
Brick
Natural brick
X
Prefabricated panel brick and tilt -up brick
textured paneling
X
Stucco
Stucco - cementitious orelastomeric finish
X
Concrete
Concrete finished to an architectural level
X
Precast concrete including precast concrete
panels
X
Concrete block: Decorative concrete -
masonry unit
X
Concrete block with stucco
X
Split face block
Allowed only as an accent
Glass
Glass curtain wall system
X
Glass block
X
Tinted glass
X
Metal
Aluminum siding
X
Metal curtain wall systems, Metal panel
systems, Metal panels, individual,
including prefinished, and cut, stamped, or
cast ornamental
X
Reflective materials are
only allowed in small
quantities
Corrugated metal siding and metal siding
with an industrial profile
X
Metal sheets with expressed seams
X
Wood
Wood siding
X
Unfinished or untreated wood siding
X
Plywood siding (T1-11)
X
Wood clapboard (including high quality
manufactured wood)
X
Tile
X
Synthetics/Composites
Fiber cement siding- panels, boards (for
example, Hardi plank)
X
Foam -based products: cellular PVC trim
Allowed only for
architectural details
above the lst floor
Vinyl siding
X
Scored stucco (imitation brick/stone)
X
Other
Green walls
X
(§ 18-20C.10, Ord.21-18(4), 9-1-21)
page 32
Sec. 20C.11 - Civic space standards.
A. Civic space requirements.
1. Minimum area and civic space type options.
a. Each development under the Rio29 FBC must devote at least the following minimum
percentage of gross acreage to civic space:
Table 11: Civic space requirements by character area
CharacterArea
Minimum Percentage of Gross Acre-
-
Civic Space Type Options
:age. Dedicated to Civic Space
Square
Plaza
Public green
Linear park
Core
10%
Pocket park
-
Pedestrian street
Indoor civic gathering spaces
Dedication of civic space shown on
Regulating Plan
Plaza
Public green
Linear park
Flex
15%
Pocket park
Pedestrian street
Natural area
Dedication of civic space shown on
Regulating Plan
Plaza
Public green
Linear park
Edge
20%
Pocket park
Natural area
Dedication of civic space shown on
Regulating Plan
page 33
2. Areas dedicated to stormwater management may contribute to the civic space requirements,
provided they meet all civic space design standards and satisfy all required elements.
3. Ownership and access. Required civic spaces must:
a. Be dedicated to the County;
b. Be properly maintained;
c. Provide public access at least 12 hours per day;
d. Be located at the ground level or an upper story that is open and accessible to the general
public, and provide clear visual connections to pedestrians on an adjacent public sidewalk;
and
e. Be designated and reserved on site(s) to be determined during site plan approval and
approved by the Agent.
4. Dedication of required civic spaces as shown on Regulating Plan. The total acreage and
boundaries of civic spaces dedicated to the County as shown on the Regulating Plan may be
modified in a site plan, provided the modification meets the acreage requirements shown in Table
11. The Agent may permit a modified location provided that such location is equivalent in acreage
and type of civic space required.
5. Cash -in -lieu of civic space. Cash -in -lieu of civic space(s) may be provided to the County to assist
with off -site construction of a required civic space shown on the Regulating Plan, provided:
a. The required civic space shown on the Regulating Plan is located within one -quarter of a
mile; and the required on -site civic space is less than 0.2 acres in size; or,
b. The required on -site civic space is less than 0.2 acres.
B. Civic space diagrams.
page 34
Figure 10. Square concept diagram
I - - - - - - - -- 80-ft - - - - - - - - - - I
Figure 11: Plaza concept diagram
T
601ft
Plantings
Movable Furniture
Areas to sit
Street Frontage on
at least 2 sides
- - - - - - - 30% pervious surface
- - - - - - 30% shade over Plaza
- - - - - - Movable Furniture
Clear access to
greenway or transit
Areas to sit
Street Frontage on
at least 1 side
page 35
Figure 12: Public green concept diagram
F- - - - - -- 80-ft---------i
T
I
I
I
I
I
I
80-ft
I
I
I
I
I
I
01
Figure 13: Linear park concept diagram
F----30-60ft-----i
T
i
I
I
I
I
300-ft length
minimum ,
I
1
Areas to sit
Open grassy lawn /
Minimum 60% perviqus area
Shared Use Path /
Clear access to greenway or
transit
Street Frontage on
at least 2 sides
--------Trees
- - - - - - Open grass lawn and plantings
- - - - - - - - Maximum of 15% impervious surface
area, excluding Shared Use Path
- - Shared Use Path
Areas to sit
page 36
Figure 14: Pocket park concept diagram
T
20-ft
t------ 60-ft wide i
Figure 15: Pedestrian street concept diagram
100-ft length
minimum ,
20-ft
�Oaw
No
1■
OrdIto''
0
0
Minimum 30% pervi
area
Places to sit
Plantings
- Street frontage on a minimum
of two sides
- Clear zone of 12-ft for pedestrians
Planters or street trees
Maximum of 20% of street used
for restaurant seating or retail
display
Bollards to obstruct
non -emergency traffic
page 37
Figure 16: Natural area concept diagram
------- - - - ------TrailorSharedUsePath
_ Maximum 10% impervious
surface area
(%- -------Areas to sit
r
Figure IT indoor civic gathering space concept diagram
A-
�INEE���
- - - - - - - - Clearly and visibly open to the
public during the required hours
Welcoming frontage / entry
Indoor plantings
Areas to sit
C. Civic space design standards.
1. Civic spaces must include:
a. All required elements listed in Table 12; and
b. At least one Additional Element listed in Table 12 (Civic Space Design Standards), or as
approved by the Agent.
2. All civic spaces developed under the Rio29 FBC must comply with the design standards as listed
in Table 12.
page 38
- - - - - - - - Clearly and visibly open to the
public during the required hours
Welcoming frontage / entry
Indoor plantings
Areas to sit
C. Civic space design standards.
1. Civic spaces must include:
a. All required elements listed in Table 12; and
b. At least one Additional Element listed in Table 12 (Civic Space Design Standards), or as
approved by the Agent.
2. All civic spaces developed under the Rio29 FBC must comply with the design standards as listed
in Table 12.
page 38
Table 12: Civic space design standards
Civic Space
Required Elements
Additional Elements
Street Frontage'
Size -
Minimum
Other Design Standards
Types
Requirement
Dimensions
- Art installation
or a focal
element
- Gathering places
- Movable
furniture
%block to
80-feet on all
- Permanent seating
Square
- Plantings
- Trees
2sidesminimum
one block
sides
infrastructure required
- Areas to sit
- Stalls for
vendors, such
as food truck
parking
- Minimum 30% pervious
surface area, not including
pervious paving
- Areas to sit
- Provision of shade over
- Plantings
30% of the plaza, provided
Gathering places
- Trees
t on all
permanently or at minimum
Plaza
- Art installation or a
- Stalls for
1 side minimum
between June and September.
focal element
vendors, such
acres
ac* res
sides
sides
Shade trees may fulfillthis
as food truck
requirement
parking
- Provides clear access to the
greenway network and transit
station or future transit
station location
- Minimum 60% pervious
- Playgrounds
surface area, not including
- Plantings
pervious paving
- Trees
- Paved pedestrian or Shared
- Open grass lawn for
- Gathering
Use Paths creating walkways
Public Green
passive or active use
places
2 sides minimum
0.5-5acres
sides ton all
sides
ch
incorporate
ncorpto rteacoodinahe green, ted
- Areas to sit
- Stalls for
patterorateacoordinated
pattern
vendors, such
- Provide clear access to the
as food truck
g network and transit
parking
stationsations or future transit
station locations
30-60 foot
- Areas to sit
w
width
- Maximum of 15% impervious
Linear Park
- Trees
- Plantings
None
n/a
surface area, excluding shared
- Shared use paths
- Open grass
use paths
lawn
300 foot
length
- Art installation
or a focal
element
- Areas to sit
20feet width
- Minimum 30% pervious
- Playgrounds
5
surface area, not including
Pocket park
- Plantings
- Open grass area
None
pervious paving
for passive or
acre
acre
_ Paving in excess of 30%of the
active use
60feet length
site must be pervious paving
- Trees
- Community
gardens
- Art installation
or a focal
element
- Maximum of 20%of
- Provision of
pedestrian street may be used
shade over
for restaurant seating or retail
15%of street,
display and sales
- Places to sit
provided
20feetwidth
- Clear pedestrian movement
Bollards or other
permanently
zone of12'minimum
Pedestrian
obstructions to non-
oratminimum
2 sides minimum
n/a
- Passages through buildings
Street
emergency traffic
between June
may serve as pedestrian
and September.
100feet
streets, provided they meet
- Planters or street trees
Shadetrees
length
all requirements
mayfulfill this
- Pedestrian passages may
requirement.
serve as pedestrian streets,
- Green
provided they meet all
infrastructure
requirements
- Stalls for
vendors
Natural area
- Trails or shared use
nity
Comm gardens
None
0.5 acres
n/a
- Maximum of 10%impervious
paths (SUP)
_ Areas to sit
minimum
surface area
- Clearly and visibly open to
the public during the required
hours
Indoorcivic
- Areas to sit
- Playgrounds
- A welcoming frontage
- Art installation or
- Gathering
n/a
n/a
1000 sf area
- Space may be used for public
space
indoor plantings
places
meetings during required
public hours, and private
meetings or events after the
required public hours
D. Trail Standards.
1. Shared use paths (SUPs) must meet or exceed the standards of the Albemarle County Design
Standards Manual for Class A Type Two (2) low -maintenance multi-use/shared use paths.
2. Trails must meet or exceed the standards of the Albemarle County Design Standards Manual for
Class B Type Two (2) high -maintenance pedestrian paths.
3. Trails and SUPs should be coordinated (as to location, width, drainage, and other factors) with
other existing or planned trails or SUPs within the general area and must be extended and
constructed to abutting property lines. To the extent possible, trails and SUPs should provide
connectivity to nearby or adjacent civic spaces.
(§ 18-20C.11, Ord.21-18(4), 9-1-21)
Sec. 20C.12 -Affordable housing requirement.
A. Affordable housing requirements generally.
1. Affordable housing in the Rio29 FBC District is governed by the Albemarle County Comprehensive
Plan (Chapter 9, Housing), the Housing Albemarle policy (Albemarle County Comprehensive Plan,
Appendix 9), and the standards of this section.
2. Affordable housing requirements may be met by provision of owner -occupied affordable housing,
rental affordable housing, or a combination of the two, as approved by the Agent.
B. Affordable housing requirement. Each development containing five or more residential dwelling units
must comply with the Albemarle County Comprehensive Plan (Chapter 9, Housing), the Housing
Albemarle policy (Albemarle County Comprehensive Plan, Appendix 9), and the standards of this
section.
C. Anti -displacement and tenant relocation requirements. The following activities must comply with the
Albemarle County Tenant Relocation Guidelines for Non -Federally Funded Residential Developments:
1. Redevelopment or rehabilitation of existing residential units;
2. Conversion of rental housing to non-residential use(s);
3. Demolition for rebuilding a site; and
4. Sale by contract where the contract requires an empty building.
D. Incentives. Additional affordable housing units beyond the minimum requirements of the above
subsections may qualify for incentives.
1. Eligibility. Developments that provide at least five percent more affordable housing units than
the required number of such units may qualify for one story of building height in addition to the
maximum permitted in the Core and Flex character areas. Units must remain affordable at the AMI
levels in the Housing Albemarle policy (Appendix 9) for at least 30 years.
(§ 18-20C.12, Ord.21-18(4), 9-1-21)
SECTION 30 - OVERLAY DISTRICTS
30.6 - Entrance corridor overlay district - EC
30.6.4 - Certificates of appropriateness.
The architectural review board is authorized to issue certificates of appropriateness for any structure, and
associated improvements, or any portion thereof, that are visible from the EC street to which the parcel is
contiguous, as follows:
a. Development requiring a certificate of appropriateness. The following developments require a certificate
of appropriateness:
1. Building permits required. Each structure and/or site improvement for which a building permit is
required, even though it is not a development for which a site plan is required, unless the structure
and/or site improvement is exempt under section 30.6.5, No building permit shall be approved until
page 41
the certificate of appropriateness is obtained.
2. Site plans required. Each structure and/or site improvement for which a building permit is required
in a development for which a site plan is required, unless the improvement is exempt under section
30.6.5. No site plan shall be approved until the certificate of appropriateness is obtained.
b. Types of certificates of appropriateness. The architectural review board is authorized to issue the
following types of certificates of appropriateness:
1. Specific developments. For specific developments associated with one or more building permits or
a single site plan.
2. Signs in a new multi -business complex or shopping center. For all of the signs in a new multi -
business complex or shopping center, where the architectural review board first conducts a
comprehensive sign review. Once a certificate of appropriateness for signs in a new multi -business
complex or shopping center is issued, the director of planning is authorized to determine whether a
particular sign satisfies the conditions of the certificate of appropriateness.
3. County -wide certificates of appropriateness. County -wide certificates of appropriateness may be
issued for classes of structures, sites, improvements, or architectural elements, subject to the
applicable design criteria and procedures, as follows:
a. Categories of structures, sites, improvements, or architectural elements eligible for
county -wide certificates of appropriateness. The following categories of structures, sites,
improvements, or architectural elements shall be eligible for county -wide certificates of
appropriateness:
2. Structures located 750 feet or more from an EC street that are not more than five
stories tall.
3. Structures that are proposed to be located behind another structure that fronts an
EC street as viewed from the EC street, where the rear structure is no more than
twice the height of the front structure.
4. Personal wireless service facilities.
5. Signs, except for wall signs whose height exceeds 30 feet.
6. Safety fencing and screening fencing.
7. New or replacement rooftop -mounted or ground -mounted equipment.
8. Additions to structures or improvements for which a certificate of appropriateness
was issued, where the design of the addition to the structure or improvement
is consistent with the architectural design approved with the certificate of
appropriateness.
9. New structure or site lighting or changes to existing structure or site lighting.
10. Minor amendments to site plans and architectural plans.
11. Building permits for which the proposed change occupies 50 percent or less of the
altered elevation of an existing structure.
12. Permits classified in sections 5-202, 5-203, 5-204 and 5-208(A) not otherwise
exempt under section 30.6.5(k).
13. New structures, site changes, or reuse of existing structures in accordance with
section 20.C.
(§ 30.6.4, 10-3-90; § 30.6.4.1, 10-3-90; 5-18-94; § 30.6.4.2, 10-3-90; § 30.6.5(formerly § 30.6.3.2, 7-8-92; Ord.
01-18(3) , 5-9-01); § 30.6.4, Ord. 10-18(5) , 5-12-10; Ord. 12-18(2) , 3-14-12; § Ord. 21-18(4), 9-1-21 )
page 42
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of five to zero, as recorded
below, at a regular meeting held on September 1. 2021.
Aye Nay
Mr.
Gallaway
Y
Ms.
LaPisto-Kirtley
Y
Ms.
Mallek
Y
Ms.
McKee)
Y
Ms.
Palmer
Y
Ms.
Price
Absent
Clerk, Board of County Supervisors
page 43
ORDINANCE NO.21-A(6)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, OF THE CODE OF THE COUNTY OF
ALBEMARLE, VIRGINIA, BY AMENDING THE ZONING MAP TO ESTABLISH THE BOUNDARIES OF
THE RI029 FORM -BASED CODE OVERLAY DISTRICT
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that, pursuant to the
authority contained in Virginia Code § 15.2-2280, et seq., including the proposes for zoning ordinances in
Virginia Code § 15.2-2283 and the material and relevant factors for establishing zoning districts set out in
Virginia Code § 15.2-2284, the zoning map is hereby amended to establish the Rio29 Form -Based Code Overlay
District on those lands shown on the regulating plan attached hereto as Exhibit A, which Exhibit is incorporated
herein by reference.
This ordinance shall be effective immediately.
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of five to zero, as recorded
below, at a regular meeting held on September 1, 2021.
(�Zz&e� /�i'S
Clerk, Board of County Sup
Ave Nay
Mr. Gallaway
Y
Ms. LaPisto-Kirtley
Y
Ms. Mallek
Y
Ms. McKee)
Y
Ms. Palmer
Y
Ms. Price
Absent
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