HomeMy WebLinkAboutZMA202200006 Code of Development 2022-11-08November 7, 2022
ZMA2022-00006, 999 Rio Road, Code of Developmen
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 06100-00-00-154BO. 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.
1. Table of Uses by Block (Section 20A.5a)
The table below establishes the permitted and prohibited uses by block.
"BR" = By -Right, "SP" = Special Permit, "N" = Not Permitted
Table A. Uses: Block I — By Right, by Special Permit, and Not Permitted
Residential
Single Family Detached
BR
Single Family Attached
BR
Multifamily
BR
Accessory Uses
BR
Non- Residential
Retail (Neighborhood, Community & Regional)
N
General Commercial Service
N
Auto Commercial Sales & Service
N
Office/R&D
N
Flex
N
Light Manufacturing / Storage / Distribution
N
Heavy Manufacturing / Storage / Distribution
N
Warehousing / Distribution
N
Institutional
N
Stand-alone parking and parking structures
BR
Electric, gas, oil & communication facilities, excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for
distribution of local service + owned and operated by a public utility. Water
distribution / sewerage collection lines, pumping stations and appurtenances owned
and operated by the ACSA. Except as otherwise expressly provided, central water
supplies and central sewerage systems in conformance with all applicable law.
BR
Tempormy construction uses
BR
Public uses & buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (31.2.5) public water and sewer transmission, main or bunk lines,
treatment facilities, pum�ing stations etc., RWSA owned and/or operated.
BR
SWM facilities shown on an approved final site plan or subdivision plat,
BR
Tier I and Tier 11 personal wireless service facilities.
BR
Accessory Uses & Buildings including home occupation, Class A & storage.
BR
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Notes to Table A:
Reference to uses not otherwise defined or listed in this Code of Development shall be
defined as listed first in the Albemarle County Zoning Ordinance, or second in the "Future
Land Use Plan and Transportation NetworV Section of the Places29 Master Plan adopted
February 2, 2011, revised June 10, 2015. If no definition of the use is provided (Code of
Development Zoning Ordinance, Comprehensive Plan) or if there is uncertainty as to
whether such use is included in the uses listed in Table A, then whether such use is permitted
must be officially determined by the Zoning Administrator.
2. Stand-alone parking and parking structures shall be subject to screening regulations and other
restrictions outlined in Section 4.12.
3. The Project must contain at least two housing types.
11. Development Square Footage Proposed and Residential Density (Section 20A.5b and c)
'I a ble B. Block I — Density, Housing Type and Non-Rcsidential Use
Approximate
NUN
MA.X
MAX
Block
Permitted
MfN Non -
MAX Non -
Block Si ze
Dwelling
Dwelling
Gross
Housing Types
Residential
Residential SF
Units
Uni ts
Density
SF
Multifamily,
Single Family
Attached.
83,548 SF
10
38
20 DUA
Single Family
0
0
(1.918 acre)
Detached,
Two -Family
Attached
111. Green Space & Amenities (Section 20A.5d)
Table C. Block I — Minimum Green Space, Civic Areas, and Amenities
Amenity
Green
Amenity
Area
Amenity
Space
Green
Green Space
& Green
NUN SF
Area %
Amenities
MIN SF
Space %
Elements
Space %
Sidewalk, Courtyard
Sidewalk,
20%
with Landscaping
20%
Courtyard with
and Seating, Dog
Landscaping and
16,962
(16,710 of
Park, Natural
16,962
(16,710 of
Seating, Dog
Park, Natural
20%
83,548
Playscape & Other
83548
Playscape &
total SF)
Designed
toQ SF)
Other Designed
Landscaping
Landscaping
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Notes to Table C:
1. Section 4.16 of the Zoning Ordinance shall apply to all recreational facilities and shall be
assessed at the site plan stage of development.
IV. Architectural Standards and Landscape Treatment (Sections 20A.5g and h)
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.
V. Lot & Building Height Regulation (Section 20A.i)
Table D. Block I — Lot and Building Regulations
Building Height
Stories
I Min. - 3 Max.
Height
35'
Setbacks
Front
3'Min. — 40'Max.
Side
3'Min.-15'Max.
Bear
3' Min. (No Max.)
Stepbacks
None.
Other
Lot Size (Min. or Max.)
None.
Residential Units
Allowable
10 Min. - 38 Max.
Residential Unit Type
Single Family Detached,
Single Family Attached,
Two -Family Attached,
Multifamily
Parking
MIN Required
15 - 62+, depending on
unit count etc.
Notes to Table D:
Porches, eaves and awnings shall be considered part of the structure and shall not extend
closer to the street than the required setbacks.
2. The precise number of minimum required parking spaces shall be determined at the site plan
phase of development depending on density and types of residential units pursuant to Section
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4.12.6. Multiple parking alternatives per Section 4.12 of the Zoning Ordinance may be
utilized during the site plan phase of development as determined by the Zoning
Administrator.
3. Minimum building separation shall be required per Section 4.11 of the Zoning Ordinance.
4. Pursuant to Section 32.7.9.7, parking areas shall be screened as applicable.
5. Dumpsters and Dumpster Pads on the Property shall be screened pursuant to Section 4.12.19.
V1. 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 may be met through a variety of housing types, including but not limited to, for -
sale units or rental units.
2. For -Sale Affordable Dwelling Units. All purchasers of the Affordable Dwelling Units shall
be approved by the Albemarle County Community Development Department or its designee
("Community Development"). A for -sale Affordable Dwelling Unit shall mean any unit
affordable to households with income less than eighty percent (80%) of the area median
income (as determined by the U.S. Department of Housing and Urban Development (HUD)
from time to time) such that housing costs consisting of principal, interest, real estate taxes
and homeowners insurance (PITT) do not exceed thirty percent (30%) of the gross household
income; provided, howeve , that in no event shall the selling price for such affordable units
be more than sixty-five percent (65%) of the applicable Virginia Housing Development
Authority (VHDA) maximum sales price / loan limit for first-time homebuyer programs (the
WHDA Limit"). The Applicant or its successor shall provide the County or its designee a
period of ninety (90) days to identify and prequalify an eligible purchaser for the for -sale
Affordable Dwelling Units. The ninety (90) day period shall commence upon written notice
from the Applicant or its successor that the unit(s) will be available for sale. This notice shall
not be given more than sixty (60) days prior to receipt of the Certificate of Occupancy for the
applicable for -sale Affordable Dwelling Unit; the County or its designee may then have
thirty (30) days within which to provide a qualified purchaser for such for -sale Affordable
Dwelling Unit. If the County or its designee does not provide a qualified purchaser during
the ninety (90) day period, the Applicant or its successor shall have the right to sell the
unit(s) without any restriction on sales price or income of the purchaser(s). The regulations
outlined above shall apply only to the first sale of each of the for -sale Affordable Dwelling
Units.
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 eighty percent (80%) of the area median income (as determined by HUD
from time to time). In each subsequent calendar year, the monthly net rent for each
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For -Rent Affordable Dwelling Unit may be increased up to three percent (3%). The
term "net renf 'means that the rent does not include tenant -paid utilities or
Homeowners Association fees. 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 For -Rent 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 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. Trackin . Each subdivision plat and site plan for land within the Property shall designate lots
or units, as applicable, that will satisfy the 15% Affordable Housing Requirement. Such
subdivision plat(s) or site plan(s) shall not be required to identify the method by which the
15% 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 fifteen percent (15%) 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 15% 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 15% Affordable
Housing Requirement.
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