HomeMy WebLinkAboutZMA202000005 Code of Development 2021-12-06CODE OF DEVELOPMENT
FOR
ZMA 2020-00005
OLD DOMINION VILLAGE
TMP 05600-00-00-067BO
1263 PARKVIEW DRIVE
TMP 05600-00-00-074AO
5258 THREE NOTCH'D ROAD
CURRENT ZONING
RA - RURAL AREAS
PROPOSED ZONING
NEIGHBORHOOD MODEL - NMD
DATE: May 18, 2020
REV: November 9, 2020
REV: March 29, 2021
REV: August 9, 2021
REV: November 19, 2021
1 11/19/2021
The following is a Code of Development ("COD") drafted in accordance with Section 20A.5 of Chapter 18 of the Code of Albemarle, Virginia and specific to tax map parcel 05600-00-00-067BO and 05600-00-00-
074A0, both properties are located in the Crozet development area. This Code of Development establishes the unifying design guidelines, specific regulations and block characteristics.
The COD also provides certainty about the permitted uses, locations and appearance of central features.
I. Table of Uses by Block (Section 20A.5a)
Table A: Uses by Block (`BR" = By -Right, "SP" = Special Permit, "N" = Not Permitted)
BLOCK 1
BLOCK 2
BLOCK 3
BLOCK 4
BLOCK 5
BLOCK 6
BLOCK 7
BLOCK 8
BLOCK 9
BLOCK 10
USE
Commercial
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Single Family Detached
N
N
N
N
N
N
BR
N
N
N
N
BR
BR
BR
BR
BR
N
BR
BR
BR
Single Family Attached (See Note 4)
Home occupation, Class A, where the
N
BR
BR
BR
BR
BR
BR
BR
BR
BR
district includes residential uses
Non- Residential
BR
N
N
N
N
N
N
N
N
N
Veterinary Office and Hospital
Offices, including Medical, Dental and
BR
N
N
N
N
N
N
N
N
N
Optical
BR
N
N
N
N
N
N
N
N
N
Country Store (See Note 5)
BR
N
N
N
N
N
N
N
N
N
Child Day Center
BR
N
N
N
N
N
N
N
N
N
Private School
Accessory uses and buildings including
BR
BR
BR
BR
BR
BR
BR
BR
BR
BR
storage buildings
Temporary construction headquarters
BR
BR
BR
BR
BR
BR
BR
BR
BR
BR
and temporary construction storage yards
Group homes, where the district includes
BR
N
N
N
N
N
N
N
N
N
residential uses
BR
BR
BR
BR
BR
BR
BR
BR
BR
BR
Public Uses
BR
N
N
N
N
N
N
N
N
N
Farmer's markets
Water, sewer, energy and
BR
BR
BR
BR
BR
BR
BR
BR
BR
BR
communications distribution facilities
11/19/2021
Notes to Table A:
1. Section 5. 1. 11 -commercial kennel, veterinary service, office or hospital, animal hospital, animal shelter.
Each commercial kennel, veterinary service, office or hospital, animal hospital, animal shelter shall be subject to the following.
a. Except where animals are confined in soundproofed, air-conditioned buildings, no structure or area occupied by animals shall be closer than 500 feet to any agricultural or residential lot line. For
non -soundproofed animal confinements, an external solid fence not less than six feet in height shall be located within 50 feet of the animal confinement and shall be composed of concrete block,
brick, or other material approved by the zoning administrator.
b. For soundproofed confinements, no such structure shall be located closer than 200 feet to any agricultural or residential lot line. For soundproofed and non -soundproofed confinements, sound
measured at the nearest agricultural or residential property line shall not exceed 55 decibels.
c. In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m.
d. In areas where such uses may be in proximity to other uses involving intensive activity such as shopping centers or other urban density locations, special attention is required to protect the public
health and welfare. To these ends the commission and board may require among other things. Separate building entrance and exit to avoid animal conflicts. Area for outside exercise to be exclusive
from access by the public by fencing or other means.
2. The Project must contain at least two housing types with two parking spaces per Dwelling. Parking for Dwellings shall be one space in driveway and one space in garage. Additional on -street parking for
visitors shall be provided.
3. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by -right, a use not specifically permitted; provided that such use shall be similar
to uses permitted by -right in general character and more specifically, similar to uses permitted by -right in general character and more specifically, similar in terms of location requirements, operational
characteristics, visual impact and traffic generation.
4. Semi-detached and attached single-family dwellings such as two-family dwellings, triplexes, quadraplexes, and townhouses, provided that density is maintained, and provided further that buildings are
located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall.
5. Country Store means a store whose primary use is to offer for sale a wide variety of retail merchandise. Country Store shall not be subject to the regulations of 5.1.45.
11/19/2021
11. Development Acreage Proposed and Residential Density (Section 20A.5b and c)
Table B: Density, Housing Type and Non -Residential Use by Block
BLOCK
BLOCK
BLOCK
BLOCK
TOTAL
PROP.
ALLOWABLE
BLOCK
BLOCK
BLOCK
BLOCK
BLOCK
BLOCK 10
TOTAL
PROP.
ALLOWABLE
UDR
DENSITY
DENSITY
NDR
DENSITY
DENSITY
(unitstacre)
(unitstacre)
(unitstacre)
(units/acre)
Commercial
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Block Area (Acres)
0.90
0.40
0.71
1.32
4.52(2)
0.20
0.22
2.00
0.48
0.33
0.36
9.35(3)
NA
5
8
14
27
6
6
3
4
t0
4
3
4
28
3
3
Min Allowable Units
NA
10
12
32
54
12
12
6
8
16
12
7
7
56
6
6
Max Allowable Units
Min Non -Residential Use
3,171
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
Gross Floor Area (SF)
Max Non -Residential Use
5,000
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
Gross Floor Area (SF)
Notes to Table B:
1. The proposed development meets the future land use plan recommendations for Urban Density Residential (UDR) and Neighborhood Density Residential (NDR) as shown on the Crozet Comprehensive
Use Plan. Refer to Project Narrative for minimum and maximum allowable unit calculations for UDR and NDR.
2. The 4.52 acres of UDR does not include any Greenspace, Flood Hazard Overlay that lies outside of Greenspace, or Preserved Steep Slopes that lie outside of Greenspace. Net area is 4.52 acres.
a. UDR Net Density Range: (6-12 Units/Acre) * 4.52 Acres = 27 Units (min) to 54 Units (max)
3. The 10.23 Acres of NDR does not include any Greenspace or Flood Hazard Overlay that lies outside of Greenspace. It does include 0.88 Acres of Preserved Steep Slopes that lie outside of Greenspace.
Net area is 10.23 Acres - 0.88 Acres = 9.35 Acres.
a. NDR Net Density Range: (3-6 Units/Acre) * 9.35 Acres = 28 Units (min) to 56 Units (max)
4. Combined Net Unit Range: 55 Units (min) to 110 Units (max).
5. The proposed 110 units is within the Combined Net Unit Range.
6. Gross residential density: 110 Units / 23.68 Acres = 4.64 Units / Acre.
BLOCK
USE
AREA (ACRES)
1
COMMERCIAL
0.90
2
TOWNHOUSES
0.40
3
TOWNHOUSES
0.71
4
TOWNHOUSES
1.32
5
TOWNHOUSES
0.20
6
TOWNHOUSES
0.22
7
SINGLE FAMILY DETACHED
2.00
8
TOWNHOUSES
0.48
9
TOWNHOUSES
0.33
10
TOWNHOUSES
0.36
TOTAL:
6.92
11/19/2021
III. Green Space & Amenities (Section 20A.5d)
Table C. Amenities, Green Space, and Civic Areas
Amenity
Green
Area
Amenity
Space
Green
Amenity
Acreage
Area %
Amenities
Acreage
Space %
Green Space Elements
& Green Space %
Amenity 1
0.59
Dog Park,
Tree Buffer
Recreation space,
Pedestrian Path,
Amenity 2
4.06
Tot Lot 2 with slides.
Swings and climbing
features.
Recreation space,
Amenity 3
0.65
Tot Lot 1 with slides,
swings, and climbing
features.
Green Space 1
Future Greenway
5.74
WPO Buffer
Green Space 2
Future Greenway
2.06
WPO Buffer
Green Space 3
0.30
SWM/BMP Facility
Green Space 4
0.05
Tree Buffer
TOTAL
5.30
22.3%
8.21
34.7%
57.19c
Notes to Table C:
1. Total area of the property is 23.68 Acres.
2. Total area of amenities is 5.30 Acres (22.3%).
3. Total area of greenspace is 8.21 Acres (34.7%).
4. Total area of development is 10.17 acres (43.0%).
5. Section 4.16 of the Zoning Ordinance shall apply to all recreational facilities and shall be assessed at the site plan stage of development.
6. Amenities shall be reviewed and approved as part of the Site Plan approval Process.
7. All amenities shall be owned by the HOA.
DEVELOPMENT AREA SUMMARY:
COMMERCIAL/RESIDENTIAL ....................... 6.92 ACRES
RIGHT-OF-WAY & ACCESS EASMENT........ 3.25 ACRES
AMENITIES....................................................... 5.30 ACRES
GREEN SPACE 8.21 ACRES
TOTAL............................................................. 23.68 ACRES
11/19/2021
IV. Lot & Building Height Regulation (Section 20A.i)
Table D: Building height, Setbacks, Lot Areas. Parking
BLOCK
BLOCK2
BLOCK3
BLOCK4
BLOCKS
BLOCK6
BLOCK7
BLOCKS
BLOCK9
BLOCK10
Commercial
SFA
SFA
SFA
SFA
SFA
SFD
SFA
SFA
SFA
Building Height
Stories
1 Min. - 2 Max.
1 Min. - 3 Max.
1 Min. - 3 Max.
1 Min. - 3 Max.
1 Min. - 3 Max.
1 Min. - 3 Max.
1 Min. - 3 Max.
1 Min. - 3
Max.
1 Min. - 3 Max.
1 Min. - 3 Max.
Height
25'
35'
35'
35'
35'
35'
35'
35'
35'
35'
Setbacks for Primary Structure
Front
0' Min. — 105'
Max.
15' Min.
20' Max.
15' Min.
20' Max.
15' Min.
20' Max.
15' Min.
20' Max.
15' Min.
20' Max.
15' Min.
50' Max.
15' Min.
20' Max.
15' Min.
20' Max.
15' Min.
20' Max.
Garage
None
17' min
17' min
17' min
17' min
17' min
17' min
17' min
17' min
17' min
Side
0' Min.-30' Max.
5' Min.
5' Min.
5' Min.
5' Min.
5' Min.
5' Min.
5' Min.
5' Min.
5' Min.
Rear
0' Min — 25' Max
10' Min.
(No Max.)
10' Min.
(No Max.)
10' Min.
(No Max.)
10' Min.
(No Max.)
10' Min.
(No Max.)
10' Min.
(No Max)
10' Min.
(No Max.)
10' Min.
(No Max.)
10' Min.
(No Max.)
Setbacks for Accessory Structures
Side
5' Min
5' Min
5' Min
5' Min
5' Min
5' Min
5' Min
5' Min
5' Min
5' Min
Rear
5' Min
5' Min
5' Min
5' Min
5' Min
5' Min
5' Min
5' Min
5' Min
5' Min
Residential Lot Area
Min Lot Area
None.
None.
None.
None.
None.
None.
None.
None.
None.
None.
Parking
Min Required
10 - 15,
depending on net
floor of building
10-20,
depending on
unit count etc.
16-24,
depending on
unit count etc.
28-64,
depending on
unit count etc.
6-12,depending
on unit count
etc.
8-16,depending
on unit count
etc.
20-32, depending
on unit count etc.
8-24,
depending on
unit count etc.
6-14,
depending on
unit count etc.
8-14,
depending on
unit count etc.
Maximum
Required
10-15
20
24
64
12
16
32
24
14
14
11/19/2021
Notes to Table D:
1. Covered porches, balconies, chimneys, eaves and like architectural features may extend no more than 4' into any setback, and must be at least six feet from any lot line.
2. There will be a 20' dedicated Buffer Area along Route 240 for screening per Section 32.7.9.7.
3. There will be a 20' Buffer Area along TMP 56-74 for screening per Section 32.7.9.7.
4. The number of required parking spaces shall be determined during the site plan phase of development depending on density, types of residential units, and commercial uses pursuant to Section 4.12.6.
5. A minimum of 1 parking space per 4 townhouses shall be provide for guest parking.
V. Architectural Standards and Landscape Treatment (Sections 20A.5g and h)
1. In addition to any architectural, landscape and site requirements illustrated or otherwise included in other sections of this application, the Entrance Corridor Design guidelines of Section 30.6 shall also apply,
which may require features and/or treatments over and above those listed in this Code of Development.
2. Residential structures in Blocks 2, 3, 4, 5, 6, 7, 8, 9, and 10 shall have driveway access from the internal public streets.
3. Residential structures in Blocks 4 and 5 shall be subject to ARB review and approval. The architectural design of the building facades facing Route 240 will be required to incorporate a level of detail
appropriate to the location on the Entrance Corridor.
4. Screening trees shall be planted in a 20' tree buffer along Route 240, and a 20' tree buffer along the eastern boundary with TMP 56-74. Screening shall consist of double staggered row of mixed evergreen trees.
5. Street trees shall be deciduous at 40' on center located in a 6' landscape strip on each side of internal public streets per Section 32.7.9.5.
6. Frontage Improvements along Route 240 shall include 4' bicycle lane, curb and gutter, deciduous street trees at 35' on center located in a 6' landscape strip (per Section 32.7.9.5), and 5' wide sidewalk.
7. Transportation network, including vehicular and pedestrian facilities will be served by public roads and 5' wide sidewalks on the internal streets.
8. All internal streets shall be public.
11/19/2021
VI. Supplementary Regulations — Residential Uses and Affordable Housing
1. 15% of the total residential dwelling units within the project shall be Affordable Dwelling Units (the "15% Affordable Housing Requirement"). The 15% Affordable Housing Requirement maybe met through
a variety of housing types, including but not limited to, for -sale units or rental units. Required number of Affordable Units = 110 Units * 0.15 = 16. There will be 20 Affordable Dwelling Units provided in
Block 4.
2. For -Sale Affordable Dwelling Units.
a. The Owner may meet the Affordable Housing Requirement by constructing Affordable Dwelling Units. For purposes of this Proffer 1(A), "Affordable Dwelling Unit" shall mean any unit affordable to
households with incomes less than eighty percent (80%) of the area median income (as determined from time to time by the Albemarle County Office of Housing) in no event shall the selling price for
such affordable units be more than sixty-five (65%) of the applicable federal HOME Investment Partnership Program (HOME) Homeownership Value Limits at the beginning of the 180-day period
referenced in Proffer 1(A)(1) hereof (the "VHDA Limit"). The Owner shall impose by contract the responsibility herein of constructing and selling the Affordable Dwelling Units to any subsequent owner
or developer of the Property (or any portion thereof). Such subsequent owner(s) and/or developer(s) shall succeed to the obligations of the Owner under this Proffer 1; and the term "Owner" shall refer to
such subsequent owner(s) and/or developer(s), as applicable.
b. All purchasers of the for sale Affordable Dwelling Units shall be approved by the Albemarle County Office of Housing or its designee (the "Office of Housing"). At the proposed time of construction of
any Affordable Dwelling Unit, the Owner shall provide the Office of Housing a period of one hundred eighty (180) days to identify and approve an eligible purchaser for such affordable unit. The 180-day
qualification period shall commence upon written notice from the Owner to the Office of Housing of the approximate date the Unit is expected to receive a certificate of occupancy from the County (the
"Notice"). Such Notice shall be given no more than ninety (90) days prior to the expected issuance of the certificate of occupancy, and the 180-day approval period shall extend no less than ninety (90)
days after the issuance of the certificate of occupancy. Nothing in this Proffer 1 shall prohibit the Office of Housing from providing the Owner with information on income eligibility sufficient for the
Owner to identify eligible purchasers of Affordable Dwelling Units for approval by the Office of Housing. If, during the 180-day qualification period, (i) the Office of Housing fails to approve a qualified
purchaser, (ii) a qualified purchaser fails to execute a purchase 'contract for an Affordable Dwelling Unit, or (iii) a local non-profit affordable housing provider does not purchase the unit, then, in any case,
the Owner shall have the right to sell the Unit without any restriction on sales price or income of the purchaser(s), and such unit shall be counted toward the satisfaction of this Proffer 1. This Proffer 1
shall apply only to the first sale of each of the for -sale Affordable Dwelling Units. For the purposes of this Proffer 1, such Affordable Dwelling Units shall be deemed to have been provided when the
subsequent Owner/builder provides written notice to the Albemarle County Office of Housing or its designee that the unit(s) will be available for sale.
3. For -Rent Affordable Dwelling Units.
a. Rental Rates. The net rent for each rental housing unit which shall qualify as an Affordable Dwelling Unit ("For -Rent Affordable Dwelling Unit") shall not exceed HUD's affordability standard of thirty
percent (30%) of the income of a household making less than or equal to sixty percent (60%) of the area median income (as determined by HUD from time to time). In each subsequent calendar year, the
monthly net rent for each For -Rent Affordable Dwelling Unit may be increased up to three percent (3%). The term "net rent" means that the rent does not include Homeowners Association fees but does
include an allowance for tenant -paid utilities. The requirement that the rents for such For -Rent Affordable Dwelling Units may not exceed the maximum rents established in this Section shall apply for a
period of ten (10) years following the date the certificate of occupancy is issued by the County for each For -Rent Affordable Dwelling Unit, or until the units are sold as low or moderate cost units
qualifying as such under either the VHDA, Farmers Home Administration, or Housing and Urban Development, Section 8, whichever comes first (the "Affordable Term").
b. Conveyance of Interest. All deeds conveying any interest in the For -Rent Affordable Dwelling Units during the Affordable Term shall contain language reciting that such unit is subject to the terms of
this Section. In addition, all contracts pertaining to a conveyance of any For -Rent Affordable Dwelling Unit, or any part thereof, during the Affordable Term shall contain a complete and full disclosure
of the restrictions and controls established by this Section. At least thirty (30) days prior to the conveyance of any interest in any ForRent Affordable Dwelling Unit during the Affordable Term, the then -
current Owner shall notify the County in writing of the conveyance and provide the name, address and telephone number of the potential grantee, and state that the requirements of this Section have been
satisfied.
c. Reporting Rental Rates. During the Affordable Term, within thirty (30) days of each rental or lease term for each For -Rent Affordable Dwelling Unit, the Applicant or its successor shall provide to the
Housing Office a copy of the rental or lease agreement for each such unit rented that shows the rental rate for such unit and the term of the rental or lease agreement. In addition, during the Affordable
11/19/2021
Term, the Applicant or its successor shall provide to the County, if requested, any reports, copies of rental or lease agreements, or other data pertaining to rental rates as the County may reasonably
require.
4. Tracking. Each subdivision plat and site plan for land within the Property shall designate lots or units, as applicable, that will satisfy the 20% Affordable Housing Requirement. Such subdivision plat(s) or
site plan(s) shall not be required to identify the method by which the 20% Affordable Housing Requirement will be satisfied. The aggregate number of such lots or units designated for affordable units within
each subdivision plat or site plan shall constitute a minimum of twenty percent (20%) of the lots or units in such subdivision plat or site plan, unless such subdivision plat or site plan does not contain any
residential uses. The Applicant, at the Applicant's option, may accelerate the provision of affordable units ahead of the 20% Affordable Housing Requirement and shall be entitled to receive credit on future
subdivision plat(s) or site plan(s) for any such units provided beyond the 20% Affordable Housing Requirement.
11/19/2021