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Home My WebLink AboutZMA202000012 Code of Development 2022-12-19Code of Development The following is a Code of Development ("COD") drafted in accordance with Section 20A.5 of Chapter 18 of the Code of Albemarle, Virginia. This COD is specific to tax map parcels 56-91A, and 56E-2 and establishes the unifying design guidelines, specific regulations, and block characteristics within Montclair. The COD also provides certainty about the permitted uses, locations, and appearance of central features. SHIMP ENGINEERING, P.C. MONTCLAIR I Code of Development A Neighborhood Model District �cember 2022 17 June 2022 U March 2022 Revised 17 November 2021 Submitted 21 September 2020 ZMA2020-12 COD 11 Block Character Descriptions Block 1 Block 1 consists of a substantial landscape buffer along Route 240 and features a mixture of unit types and sizes. Block 1 is proposed to contain the highest residential density in the Montclair NMD. The residential units are accessed by an established road network, providing the framework of short, walkable blocks and pockets of greenspace and amenity areas. Block 2 Block 2 establishes the opportunity for neighborhood -scale commercial and residential uses. Neighborhood -scale commercial uses are dictated by this Code of Development, which include the provision for office space, restaurants, and retail services. Block 2 additionally extends east of tax map parcel 056E0-00-00-002A0, a site with an existing daycare facility. Because the Code of Development allows a daycare use in Block 2, there is an opportunity for the existing daycare facility to utilize this additional land in the NMD for future preschool expansion. Block 3 Block 3 is a residential block, positioned furthest away from Route 240 and Park Ridge Drive. As Block 1 and 2 establish higher densities, additional commercial uses, and a variety of residential unit types and sizes, Block 3 is imagined to build -out larger units in the development, at a lower density. These units are anchored by a central greenspace and back up to protected environmental features in Block 4. Block 4 Block 4 is proposed as a conservation area and is to be utilized as a community open space with passive recreational amenities. SHIMP ENGINEERING, P.C. MONTCLAIR I Code of Development A Neighborhood Model District Revised 19 December 2022 Revised 17June 2022 Revised 07 March 2022 Revised 17 November 2021 Submitted 21 September 2020 ZMA2020-12 COD 12 MONTCLAIR I Code of Development A Neighborhood Model District TABLE A. Uses BLOCKI BLOCK2 BLOCK3 BLOCK4 RESIDENTIAL Single-family detached dwellings, attached single-family dwellings such as two-family dwellings, triplexes, quadruplexes, townhouses, and townhouses with accessory apartments BR BR BR Multifamily BR BR BR Group Homes BR BR BR Boarding Houses BR BR BR Home Occupation Class A BR BR BR ON -RESIDENTIAL o v Family Day Home BR BR BR M Office N BR N o Light Industrial N N N aC Retail Sales and Service N BR N Barber, beauty shops N BR N Health Spas N BR N Child day centers (reference 5.1.06) N BR N Tailor, seamstress N BR N Restaurants N BR N Financial Institutions N BR N religious Assembly Use BR BR BR "BR" = "By -right„ "SP" _ "Special Use Permit" "N" _ "Not Permitted" SHIMP ENGINEERING, P.C. Revised 19 December 2022 Revised 17June 2022 Revised 07 March 2022 Revised 17 November 2021 Submitted 21 September 2020 ZMA2020-12 COD 13 MONTCLAIR I Code of Development A Neighborhood Model District BLOCK 1 BLOCK 2 BLOCK 3 BLOCK 4 Hotel N BR N armers' markets (reference §18-5.1.47) N N N Car Washes N N N Automobile, Truck Repair Shops N N N Machinery and equipment sales, service, and rental N N N Manufactured home and trailer sales and service N N N Motor vehicle sales, service and rental N N N Wholesale Distribution N N I N 3 Sale of major recreational equipment and vehicles N N N v Storage Yards N N N m Drive -through windows N N N a, G Water, sewer, energy and communications distribution facilities BR BR BR W <n Accessory uses and buildings including storage buildings BR BR BR Temporary construction headquarters and temporary construction storage yards (reference §18-5.1.18) BR BR BR Temporary industrialized buildings (reference 418-5.8) N N N Public Uses (reference §18-5.1.12) BR BR BR Tier I and Tier II Personal wireless (reference §18-5.1.40) BR BR BR Stand alone parking N N N Notes to Table A: 1. A minimum of two housing types "be provided in Montclair. 2. Hotel use is limited to no more than 20 guest rooms. 3. Permitted uses and activities in Block 4 shall comply with the Albemarle County Zoning Ordinance, Chapter 17, Article VI, Stream Buffers " BR" = 'By -right" "SP" _ "Special Use Permit" "N" _ "Not Permitted" SHIMP ENGINEERING, P.C. Revised 19 December 2022 Revised 17June 2022 Revised 07 March 2022 Revised 17 November 2021 Submitted 21 September 2020 ZMA2020-12 COD 14 MONTCLAIR I Code of Development A Neighborhood Model District TABLE B. SQUARE FOOTAGE BLOCK LOCK BLOCK BLOCK4 TOTAL IN Non -Residential 0 0 0 0 0 Square Footage MAX Non -Residential 0 16,500 0 0 16,500 quare Footage TABLE C. RESIDENTIAL DENSITY BLOCK 1 BLOCK 2 BLOCK 3 BLOCK 4 TOTAL Approximate Block Area (AC) 5.7 (Gross) 4.8 (Net) 2.7 3.5 3.0 14.9 (total) 11 (net) IN Residential Units 28 8 10 - 46 MAX Residential Units 85 16 21 122 57 units 28 bonus units' MAX Block Density (DUA) 16 (Gross) 1 18 (Net) 6 9 (Gross) 12 (Net) Notes to Table C: 1. Total number of residential units in Montclair not to exceed 122. . Overall maximum net residential density not to exceed 12 DUA in Montclair. . Bonus units shall be achieved through providing additional affordable housing, beyond the baseline affordability requirements, or through the construction of small-scale housing types; small-scale housing types include, but are not limited to, bungalow courts, mall and medium multiplexes, accessory dwelling units, live/work units, small single family cottages, and tiny houses. SHIMP ENGINEERING, P.C. Revised 19 December 2022 Revised 17June 2022 Revised 07 March 2022 Revised 17 November 2021 Submitted 21 September 2020 ZMA2020-12 COD 15 MONTCLAIR I Code of Development A Neiqhborhood Model District TABLE D. GREENSPACE & AMENITIES BLOCK BLOCK2 BLOCK3 BLOCK TOTAL Approximate Block 5.7 2.7 3.5 3.0 14. Area (AC) Amenity Area MIN SF 5,000 5,000 5,000 114,809 129,80 Amenity Area MIN % 3.2% 4.2% 3.3 % 100% 20% Passive &active recreational Passive & active recreational Passive &active recreational Amenity Characteristics opportunities; sitting garden, opportunities; sitting garden,, opportunities; sitting areas, Walking paths, bike walking path, community garden central pocket parkwalking path, landscaping paths, landscaping multi -use path, community garden Green Space MIN SF 5,000 5,000 5,000 114,809 129,809 Green Space MIN % 3.2% 4.2% 3.3% 100% 20% Grass/other vegetation, Grass/other vegetation, landscape Grass/other vegetation, Green Space landscaped areas, required yards, areas, required yards, community landscaped areas, required Vegetative Buffer, Characteristics community garden, sitting garden, sitting garden, landscape yards stream garden, landscape buffer buffer Notes to Table D: 1. Multi -use path improvements dedicated to public right-of-way may count towards the minimum amenity square footage requirements in Block 1. . Amenities explicitly listed in each block provide an overview of potential amenity improvements. This list is not exhaustive and final amenities will be determined at site plan. 3. Per Section 3.1 of the Albemarle County Zoning Ordinance, uses in green space may include, but are not limited to, stormwater areas, wooded slopes, graded & revegetated slopes of 25% to 50% required yards on both residential & non-residential lots, landscaped areas, landscaped islands in parking lots, and other land covered in vegetation. Where areas for amenities are vegetated, amenities such as in parks and playgrounds, shall be included in required greenspace calculations. TABLE D1. RECREATIONAL EQUIPMENT & FACILITIES ALTERNATIVES Section 4.16.2 Minimum Facilities Alternative Facilities Minimum 2,000 sq. ft. tot lot Natural Playscape (>_ 2000 sq. ft.) Community Gardens Pedestrian Trails Bike Trails 1/2 basketball court Active Recreation Areas Picnic Shelter Bocce Ball Court Notes to Table Dl: 1. The alternative equipment & facilities provided are non -exhaustive and are meant to provide a general framework for potential equipment & facilities substitutions that may be pursued at site plan. SHIMP ENGINEERING, P.C. Revised 19 December 2022 Revised 17June 2022 Revised 07 March 2022 Revised 17 November 2021 Submitted 21 September 2020 ZMA2020-12 COD 16 MONTCLAIR I Code of Development A Neighborhood Model District Architectural Standards (Sections 20A.5g) Form, Massing, Maximum Facade No building facade' may extend for more than 30', measured and Proportion of Segment Length horizontally, without a physical break or visual break in the Structures plane of the facade Permitted Options Physical breaks in the plane of the facade (such as wall recesses for Articulating a and vertical and horizontal projections) Facade Visual breaks in the plane of the facade, including material changes, texture changes, and detailing Roofline breaks, balconies, arcades, awnings, and canopies Facade Treatments Visibly discernible stories shall be achieved through the use of windows and/or building entries on each story, using varied building materials, special ground -floor design treatments, and other facade elements or other architectural details Building Facades in Building facades facing Route 240 and Park Ridge Drive in Blocks 1 & 2 shall be Blocks 1 & 2 designed as front building facades unless a landscape screening buffer is provided in accordance with §18-32.7.9.7. Prohibited Building Aluminum siding, vinyl siding, unfinished/untreated wood siding Facade Materials Notes to Architectural Standards: 1. Building facade shall pertain to a series of attached structures or one singular structure. I I I I I I I I I I I I I I I I I I I I JkI I I I I t-30.0'— I I I I I I I I I I I I Maximum 30' of horizontal length of building facade before a physical break or visual break in the plane of the facade SHIMP ENGINEERING, P.C. Revised 19 December 2022 Revised 17June 2022 Revised 07 March 2022 Revised 17 November 2021 Submitted 21 September 2020 ZMA2020-12 COD 17 MONTCLAIR I Code of Development A Neighborhood Model District TABLE E. LOT 5 BUILDING REGULATION BLOCK 1 BLOCK 2 qq BLOCK 3 BLOCK 4 Building Height Stories 1 Min - 3 Max 1 Min - 3 Max 1 Min - 3 Max Height 45' 45' 45' Building Footprint (MAX) Residential 1,500 SF 2,000 SF 2,500 SF Non -Residential + Mixed Use - - - etbacks Front 5' Min 5' Min 5' Min Side 5Min 5' Min 5' Min Rear 5' Min 10' Min 10' Min Notes to Table E: 1. Side setbacks apply unless the building shares a common wall . Front setbacks shall be measured from the edge of the right-of-way or the exterior edge of the sidewalk, if the sidewalk is outside of the fight -of -way. . Building separation shall comply with all applicable USBC regulations & Section 4.11 of the Zoning Ordinance. . Minimum and maximum building story ranges provided are for above grade stories. 5. Accessory structures shall be a minimum of 5' from property lines. SHIMP ENGINEERING, P.C. Revised 19 December 2022 Revised 17June 2022 Revised 07 March 2022 Revised 17 November 2021 Submitted 21 September 2020 ZMA2020-12 COD 18 ng area relegated Ridge Drive 1 Figure 4 --- MONTCLAI R I Code of Development A Neighborhood Model District Parking Areas (Section 20A.Si(8)) Parking shall be generally located as shown in Figure 4. Relegated parking from Route 240 and Park Ridge Drive are key design elements of the parking program shown in Figure 4. Parking, stacking, and loading shall be provided in accordance with Section 4.12 of Chapter 18 of the Albemarle County Code except that the location of required parking may be provided on -site off-street, on -street, or in a parking lot so long as the minimum number of parking spaces is provided within the NMD. Any off -site parking space provided must be within 350' of the building or area containing the use affiliated with the parking area to contribute to the minimum parking requirement. Landscape Treatments (Section 20A.5h) Landscaping and screening shall be provided in accordance with Section 32.7.9 of the Albemarle County Code. Plantings maybe provided in the Virginia Department of Transportation right-of-way only as permitted by VDOT Both evergreen and deciduous trees and shrubs of varying sizes will create a natural buffer along the Route 240 frontage and will be subject to Architectural Review Board approval. The Route 240 buffer shall be 100' in width, measured from the Route 240 edge of pavement. Dumpsters and Dumpster Pads on the Property shall be screened pursuant to Section 4.12.19 of the Zoning Ordinance. Revised 19 December 2022 Revised 17June 2022 Revised 07 March 2022 Revised 17 November 2021 Submitted 21 September 2020 ZMA2020-12 COD 19 Sidewalks & Pedestrian Paths (Section 20A.Si(5)) Sidewalks and pedestrian paths shall be generally located per the Application Plan associated with this ZMA. Exact location of sidewalks and pedestrian paths will be determined at site plan. Sidewalks within the NMD must be constructed, at minimum, to VDOT standards. Sidewalks will be located generally as shown in Figure 5 of this Code of Development and as provided for in the Application Plan however, final sidewalk locations will be determined at site plan. Modifications to general sidewalk locations may be pursued at site plan so long as pedestrian connections providing comparable connectivity to the connections shown in Figure 5 are provided. The "comparable connectivity" of any modifications to the general location of sidewalk connections shown in Figure 5 shall be determined by the Director of Planning or its designee. In addition to the general locations shown in Figures sidewalks will be constructed to provide safe and convenient pedestrian connections between parking areas and building entrances. Figure 6' 1. Source: VDOT Road Design Manual, Appendix A(1): VDOT Complete Streets: Bicycle & Pedestrian Facility Guidelines, Bus D& Parkin Guidelines, (A(1)-24, 26) ihWENGINEERING, P.C. MONTCLAIR I Code of Development A Neighborhood Model District 1. Access to eastern portion of Block 2 to be provided through adjacent parcel, TMP 56E-2A Revised 19 December 2022 Revised 17June 2022 Revised 07 March 2022 Revised 17 November 2021 Submitted 21 September 2020 ZMA2020-12 COD 110 Figure 51 AFFORDABLE HOUSING 15% of the total residential dwelling units built within areas designated for residential use 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. For -Sale Affordable Dwelling Units: All purchasers of the affordable 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 (PITI) do not exceed thirty percent (30%) of the gross household income. 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 ninety (90) 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 SHIMP ENGINEERING, P.C. 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). This shall apply only to the first sale of each of the for -sale Affordable Dwelling Units. For -Rent Affordable Dwelling Units: 1.) 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 For -Rent Affordable Dwelling Unit may be increased up to three percent (3%). The term "net rent" 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"). 2.) 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 MONTCLAIR I Code of Development A Neighborhood Model District Revised 19 December 2022 Revised 17June 2022 Revised 07 March 2022 Revised 17 November 2021 Submitted 21 September 2020 ZMA2020-12 COD 111 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. 3.) 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. Tracking: 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 SHIMP ENGINEERING, P.C. 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. MONTCLAIR I Code of Development A Neighborhood Model District Revised 19 December 2022 Revised 17June 2022 Revised 07 March 2022 Revised 17 November 2021 Submitted 21 September 2020 ZMA2020-12 COD 112