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HomeMy WebLinkAboutLZC201500019 Other 2015-09-11COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 229024596 Phone (434) 296-5832 Fax (434) 9724126 September 11, 2015 Hirschler Fleischer Attn: Deborah L. Cribb P. O. Box 500 Richmond, VA 23218-0500 RE: LZC2015-00019, "Lofts at Meadowcreek" 605 Rio Road East TMPs 06 1 AO -00-00-0 1500 and 06 1 AO -00-00-0 1700 Owner: Lofts at Meadowcreek, LLC (the "Property") Dear Ms. Cribb: In response to your request for a Letter of Zoning Compliance for the above referenced Property, please be advised of the following: • The Property is zoned Neighborhood Model District (NMD) under applicable laws and ordinances. The Property was the subject of a rezoning, (ZMA 2013-001) approved to NMD by the Board of Supervisors on December 11, 2013 (see attached ZMA Approval letter with Proffers and Application Plan). • The use of the property for a 65 unit multi -family residential development as shown on the Application Plan and referenced in the Proffers, is a by -right use in the NMD zoning district. Other uses in the NMD District would require an amendment to the Application Plan through the rezoning process (see attached Section 20A of the Zoning Ordinance). • This Property is recognized as one or more separate parcels of land under applicable subdivision laws and ordinances, may be conveyed, leased, or mortgaged as one or more separate parcels and currently complies with such subdivision laws and ordinances. The Property is not subject to any conditions or special limitation imposed in connection with any subdivision approval of the Property. This office has no record of any outstanding zoning violations for the Property, and there are no pending administrative, legislative or judicial proceedings which would in any manner adversely affect the status of the current zoning. The required number of parking spaces is 80, and the Property will comply with this requirement. ■ Albemarle County approved a final site development plan for the Property on July 8, 2015 entitled "THE LOFTS AT MEADOWCREEK, Albemarle County, Virginia, Rio Magisterial District, September 30, 2014, Final Site Plan" prepared by WW Associates, dated September 30, 2014, last revised June 18, 2015, and identified by the County as SDP201400067 (the "Final Site Plan"). The Final Site Plan permits the construction of 65 multi -family apartment and associated improvements on the Property subject to the September 11, 2015 LZC2015-00019 Page 2 valid issuance of a building permit and subject to the terms and conditions of the Final Site Plan. • If the Property is developed in conformance with the Final Site Pian, it will be in compliance with the Albemarle County zoning ordinance and all other applicable regulations. The County is in the process of reviewing a building permit application (B201501340MF) for this Property (the 'Building Permit"), and provided that all is in order, the County Building Official or his designee will issue a Building Permit for the construction of 65 multi -family residential apartments and other improvements shown on the Final Site Plan. If the Property is developed in accordance with the Building Permit and Final Site Development Plan, the County will issue a Certificate of Occupancy for the full use and occupancy of the Property. Please contact:rM ifyou h questions or require additional information. Since,T*, :Aonaad" L. Higgins, AICP /01 Chief of Zoniag/Deputy Zoning Administrator Attachments: Approval letter for ZMA2013-00001 with Proffers and Application Plan. Section 20A of the Albemarle County Zoning Ordinance. COUNTY OF AzsE 1ARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 229"96 Phone (434) 296-5832 Fax (434) 972-4126 January 15, 2014 Mr. William Park 1821 Avon Street, Suite 200 Charlottesville, VA. 22902 RE; ZMA201300001-- The Lofts at Meadowcreek TAX MAP PARCEL; 061A0000001500 & O81A0000001700 Dear Mr. Park: On December 11, 2013, the Board of Supervisors approved the above noted rezoning from Residential — R-4 to Neighborhood Model District -- NMD in accordance with the Code of Development dated June 17, 2013 and the attached proffers dated November 11, 2013. An application plan dated January 22, 2013 and revised May 13, 2013, with Sheet 4 of 5 subsequently revised June 10, 2013, was approved as part of the rezoning. Please refer to these documents for any future applications and requests on this property. In addition, the Board of Supervisors approved waivers of the following sectlons of the Zoning Ordinance: Section 20A.8 (a) and (b), Mixture of Uses and Housing Types; Section 4.12.2 c.1, Number of parking spaces; and Section 4.2 Critical Slopes. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been recelved and conditions have been met. This Includes: • compliance with applicable PROFFERS; • compliance with requirements of the CODE OF DEVELOPMENT; • approval of and compliance with a SITE PLAN; and approval of a ZONING COMPLIANCE CLEARANCE. I' If you have questions or comments regarding the above -noted action, please do not hesitate to contact Rebecca Ragsdale at 296.6832. Sincerely, V, V. Wayne I mberg; Director of lanning Cc Dickens, Mary J 605 Rio Roqd - East Charlottesville, VA. 22901 Rebecca Ragsdale, Zoning Elise Hackett, GDS 10 ZMA# 2013300j. The Loft AtMeaddWpek 6j1�/2013 0 Code of Development for The: Lofts at M. eadowcreek ZMA 4#20.13'0.0001 Tax Map Re'rcels: 061A0 -0040i,01500 and 061AQ-00-00-01700 Prepared by.; Bluestone L - and, L.L.C. 18-2.1 Avon St.. S u ite 200 Charlottesville, Virginia 22902 (.434) 979-2900 ATT- A ffriymw Y Original Proffers - Amendment PROFFER STATEMENT ZMA No. 2013-00001, Lofts at Meadowereek Tax Map and Parcel-Number(s): 061AO-00-00-01500 and 061AO-00-00-01700 Owner(s) of Record: MARY J. DICKENS Date of Proffer Signature: November 11,, 2013 2.8 +1- acres to be rezoned from RESIDENTIAL --R-4 to NEIGHBORHOOD MODEL DISTRICT (NNID) MARY J'. DICKENS is the owner (the "Owner") of Tax Map and Parcel Number 061A0-00-00.01500 and 061A0400-00-01700 (the "Property's which is the subject of rezoning application ZMA No. 2013-00001, a project known as "LOFTS AT MEADOWCREEK" (the "Project"). The term "Owner" as referenced herein shall include withip its meaning the owner of record and successors in interest. The "Application Plan" refers to Exhibit A to the Code of Development last revised June 10, 2013. Pursuant to Section 33.7 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified above. These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the conditions are reasonable. Rio Road Improvements. At its sole expense, the Owner shall plan, design, bond and construct the travel lane m" provements on its land fronting Rio Road (State Route 63 1) in general accord with the Application Plan, The travel lane improvements shall be designed,and constructed to County and VDOT standards, including the design and construction of related drainaM slope and utility easements, as applicable. As a condition for the issuance of the first certificate of occupancy for any structure on the Property, the Owner shall complete construction of the travel lane improvements. Construction of the travel lane improvements shall be deemed complete when the County Engineer determines that the roadway is safe and convenient for traffic. In conjunction with the first site plan for the Project, the right-of-way for the travel lane improvements shall be dedicated to public use. 2. Transit Reservation Area. The Owner shall reserve on the first site plan for the Project an area for a bus pull -off from Rio Road within the northwest portion of the Property within the common open space in general accord with the Application Pfau. Should fixed -route bus service associated with the Charlottesville Area Tranait (CAT) ever be extended to serye the section of Rio Road adjacent to the Property, upon demand of the County, the Owner, at its own expense, shall construct the bus pull -off to accommodate a bus pulling off Rio Road and picking up riders. In conjunction with the bus pull -off area, the Owner shall also construct a small transit shelter to complefe the bus stop. The specific design standards of the bus pull -off and the shelter shall be determined by VDOT, CAT, and the Director of Community Development within sixty days of the County's formal request for the transit stop. In the absence of any fixed -route service, the Project shall be designed to accommodate the CAT On -demand Link or JAUNT service within the community as a means of providing public access to residents per the existing programs. 3. Affordable Housing. The Owner shall provide affordable housing equal to twenty percent (20%) of the "Affordable Units" or "Affordable Dwelling Units"). Each site plan for land within the Property shall note the aggregate number of units designated for Affordable Units. The Owner shat! convey the responsibility of constructing the affordable units to any subsequent purchaser of the Property. The current Owner or subsequent Owner shall create units affordable to households with incomes less than 30% of the area median family income not adjusted for family size (the "Affordable Unit Qualifying Income"), such that tenant -paid rent and tenant -paid utilities (with allowances for utilities to be those adopted by the Housing Office for the Housing Choice Voucher Program) do not exceed 30% of the Affordable Unit Qualifying Income. A. Rental Rates for Affordable Units_ The initial net rent for each for -rent Affordable Unit when the Unit(s) is available for occupancy shall not exceed the then -current and applicable maximum net rent provided by the County Housing Office based on fair market rents published by the U.S. Department of Housing and Urban Development. In each subsequent calendar year, the monthly net rent for each for -rent affordable unit may be increased up to three percent (3%). For proposes of this proffer statement, the term "net rent" means that the rent does not include tenant -paid utilities. The requirement that the rents for such for -rent Affordable Units may not exceed the maximum rents established in this paragraph 3A shall apply for a period of five (5) years following the date the certificate of occupancy is issued by the County for each for -rent Affordable Unit, or until the units are sold as affordable units as defined by the County's Affordable Housing Policy approved by the Board of Supervisors February 4, 2005, whichever comes first (the "Affordable Term"). B. Conveyance of Interest — All instruments conveying any interest in the for -rent affordable units during the Affordable Term shall contain language reciting that such unit is subject to the terms of this paragraph 3. In addition, all contracts pertaining to a conveyance of any for -rent affordable unit, or any part thereof, during the Affordable Term shall contain a complete and full disclosure of the restrictions and controls established by this paragraph 3. At least thirty (30) days prior to the conveyance of any interest in any for -rent affordable 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 paragraph 3 have been satisfied. C. Ragrang of Rental Rates — During the Affordable Term, within thirty (30) days of each rental or lease term for each for -rent affordable unit, the then -current owner shall provide to the Albemarle County Housing Office the unit number, last name of tenant, lease date, and lease amount. In addition, during the Affordable Term, the then -current owner 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. gggh Proffer for Sidewalk Improvements. The Owner shall contribute cash to the County in the amount of Twenty Thousand Dollars ($20,000.00) for the purpose of funding the construction of a sidewalk or path (as determined by the County) along the western boundary of County tax map parcel 61 A-39 for a distance of approximately 175 feet. Such contribution shall be paid to the County prior to the issuance of the first certificate of occupancy for the Property. If the cash contribution has not been used by the County for the stated purpose within ten (10) years from the date of the issuance of the first certificate of occupancy for the Property, all unexpended funds shall be refunded to the Owner. Beginning January 1, 2014, the amount of the cash contribution required by this proffer shall be adjusted annually until paid, to reflect any increase or decrease for the proceeding calendar year in the Marshall and Swift Building Cost index ("MSI"). In no event shall any cash contribution amount be adjusted to a sum less thaii the arnount initially established by this proffer. The annual adjustment shall be made by multiplying the proffered cash contribution amount for the preceding year by a fraction, the numerator of which shall be the NISI as of December 1 in the preceding calendar year, and the denominator of which shall be the MSI as of December 1 in the year preceding the calendar year most recently ended. .k 5. The Owner shall contribute cash on a per "market rate" dwelling unit basis for the purposes of addressing the fiscal impacts of the development on the County's public facilities and infrastructure. The cash contribution shall be One Thousand and 001100 Dollars ($1000.00) for each residential dwelling unit other than an affordable dwelling unit qualifying as such under Proffer 3.The cash contribution shall be paid at the time of the issuance of the building pennit for the Project, unless the timing of the payment is otherwise specified by state law. 7MA# 201300001 The Lofts at Meadowcreek 6/17/2013 ;f I. General Description of Project: The land associated with this rezoning request comprises two contiguous parcels located -at 605 East Rio Road In the County of Albemarle and currently designated as Albemarle County Tax Parcel Nos.: 061AO-00-00.01500 (2.44 +/- acres) and 061A0-00- 00-01700 (0.36 +/- acres), for a total of 2.8 +/- acres In the Rio Magisterial District (the "Property"). This application proposes to change the zoning classification of the subject parcel #loom R4 to Neighborhood Model District (NMD) as permitted In Albemarle Code Chapter 18, Section 20A, in keeping with the precepts of the Neighborhood Model frame4ork;.The lofts at Meadowcreek will be an in -fill redevelopment featuring a reslderilal community consisting of multi -family urban loft style residential units as shown on the Application Plan. Due to the property size, and the availability of other uses within one-quarter mile of the proposed development, no other uses are envisioned at this time. Ai ;The site Is currently developed with a single-family detached home on Parcel 061AD:00-00-01500. The topography is primarily gently sloping close to East Rio Road, but includes some steep grade changes in the northeast portion of the Property. Bast Rio Road (State Route 637.) Is the western boundary of the Property. Across East Rip Road Is the Treesdale site featuring eighty-eight affordable multi -family apartments. Treesdale was constructed by Bluestone Land's affiliate Pinnacle Construction and Development Corporation, and Is currently being managed by its affiliate,' Park Properties Management Company LLC. Also across Rio Road is the StoneWater subdivision, currently under construction, which Includes townhomes, and single-famlly detached homes. The northern and eastern portions of the Property are adjacent to the Charlottesville Cathollc'School property. The southern portions of the Property are adjacent to a single family residence with home occupation for an acupuryturist. The Property is currently zoned R4. The Comprehensive Plan designates the Property as Urban Density land use allowing a density of up to 34 dwelling units per acre under e;planned development approach. The Lofts at Meadowcreek Is planned for sixty- five apartments for a maximum density of 24 dwelling units per acre. ,When developing the pian for The Lofts at Meadowcreek, the Intent was to respond. to the Comprehensive Plan vision for Urban Density and market demands, while respecting the existing terrain and minimizing impacts to slope areas on the Property. Further, this plan is envisioned as a second phase of the Treesdale ZMA# 20130000. The Lofts at Meadowcreek 6/17/2013 h development, In that it extends the range of affordable housing options, and provides an opportunity for shared amenities and shared management between the properties. The Property will be developed in general accord with the Application Plan, Road alignments, building and sidewalk locations, landscaping, grading and utilities depicted on the Application Plan are conceptual and may be adjusted at the site plan stage as provided In Albemarle County Code 18.8.5.5.3 as long as they meet minimum requirements established In this Code. compliance with Planning and Toning Principles complies with Zoning Ordinance The lofts at Meadowcreek complies with the Neighborhood Model District (NMD) zoning ordinance (Chapter 18, Section 20A). Although due to the size of the proposed district some of the characteristics of the NMD are not applicable and are not included in the Application Plan and Code of Development. Comprehensive Plan land Use Plan The Land Use Plan encourages Infill development As an infill development, The ,lofts at Meadowcreek alms to develop the land in the most efficient manner ;Possible to allow the density anticipated for urban Area. Innovative development tnd design concepts are provided for this small land tract. Master Plan for Development Area As part of the Places 29 Master Plan, Urban Area, Neighborhood 2, The Lofts at Meadowcreek complies with the Intent of the Places 29 Master Plan to be more urban In character. Places 29 Master Plan designates the Property as "Urban Density Residential" which designates multifamily residential as -a primary use, By providing loft -style apartment units, the development responds to market demands of urban professionals and active retirees, Neighborhood Madel Principles . , #Due to the size of the Property, several of the Neighborhood Model Principles cannot be met (see Items 3, 8 and 9 below). As noted In the Land Use Plan, "It Is ••recognized that as individual proposals are considered, all of the principles of the •Wghborhood Model. -may not be equally applicable to any specific proposal....lt •;ds recognized that there are multiple applications of the principles of the Neighborhood Model, and balance, rational and reasonable application of those ,principles Is expected." , 4' 2MA# 201300001 The Lofts at Meadowcreek 6/17/2013 1, Pedestrian Orientation -The Lofts at Meadowcreek encourages a convenient safe and friendly, -walkable"community. Sidewalks are provided. Street views are attractive. 2. Neighborhood Friendly Streets and Paths The Lofts at Meadowcreek promotes a safe and frlendly neighborhood to pedestrians. Sidewalks and street trees help give the street a more human scale. Walking paths are provided. 3. Interconnected Streets and Transportation Networks Due to the site conditions and constraints, The Lofts at Meadowcreek does not provide street Interconnections to adjacent properties. 4. Parks and Open Space the Lofts at Meadowcreek features open space within the community and is proximate to Pen Park and Meadowcreek Golf Course. Neighborhood Centers The Lofts at Meadowcreek provides open space with a linear community center park and an Indoarfltness center for residents. Residents at the Lofts of sW adowcreek will have access to amenities across the street at Treesdale through a Shared Amenitles Agreement to be recorded prior to Issuance of tertlflcate of occupancy. Amenities at Treesdale Include a community center With meeting space, tot lot, and walking trallk 6. Buildings and Spaces of Human Scale The Lofts at Meadowcreek creates a 'livable" community that Is proportionate, ..bath horizontally and vertically, to the human scale. 1 ,p.. Relegated Parking . The Lofts at Meadowcreek includes relegated podlum parking beneath the building, 'a. Mixture of Uses The Lofts at Meadowcreek contains only multi -family residentlal uses due to the ,Property size, and availability of other uses within one-quarter mile. A waiver request Is being submitted concurrently with this Code of Development. zMA# 201300061 The Lofts at Meadowcreek 6/17/2013 0. Mixture of Housing Types and Affordability the Lofts at Meadowcreek contains only multi family residential uses due to the Property size, and availability of other uses within one-quarter mile. A waiver `request Is being submitted concurrently with this Code of Development. It Is anticipated that the project will be financed with Virginia Housing Development Authority (VHDA) Mixed -income Program, and will provide 'affordable housing consistent with the Albemarle County Affordable Housing Policy. VHDA Income requirements stipulated are 20% at 80% median area Income; 20% at 120% median area income, and 60% at no Income limit. The Lofts dt Meadowcreek is envisioned as a second phase to Treesdale, and extends the range of affordable housing options In the neighborhood. 10. Redevelopment The Lofts at Meadowcreek Is an Infill project redeveloping a single-family home site as consistent with the Comprehensive Plan Urban density Land Use. 11. Site Planning That Respects Terrain 'The Lofts at Meadowcreek are designed to respect the existing topography of the rte. The general orientation of the building fronting Rio Road minimizes impacts n the existing topography. Steep slopes and wooded areas are within a conservatlon area.A waiver request is being submitted concurrently with this Code of Development. I Z. Clear Boundaries with the Rural Areas -The Lofts at Meadowcreek Is located within Urban Area Neighborhood Two/ Places 29 and respects the Development Area's goals and objectives. There are no Impacts to a Rural Area. 11. Reduced Copy of Plan of Development See Exhibit A: The Lofts at Meadowcreek Application Plan by W.W. Associates dated January 22, 2013, last revised June 10, 2013 (sheet 4). Ill. Feature's to be Preserved (Section ZOA.g.B., 20A.1.7.) A. Existing Historic Structures: None. The existing single-family detached home was bud In 1958. It is In average condition with no historical significance. B. Hlstvrlc/Archeological Sites; None. C. Preservation Areas— None. ZMAN 201300001 The lofts at Meadowcreek 6/17/2013 D. Conservation Areas —None E. MOM of preservation —Not applicable IV. Block I lOaracteristics Due to the minimal acreage of the Property, only two Blocks are designated. 4 Block A *contalns the formal entrance to the developmen4 and Includes a tree -find street leading to urban style loft apartments (2 levels, l6' height each level) over podium parking.: The building is oriented to the exlsting property contours. Parking for68 cars will be r?legated below the apartment units, and 12 surface parking spaces will be pro% M4. A request for a waiver for off-street parking requirements has been submitted. Block B contains the Open Space and will Include the stormwater management facllltles and passlve recreational space. V. lot and Building Height Regulations (Section 20A.512., 3, and 4) Block Minimum Front Side !tear Max Lot Width Setback Setback Setback Bldg Height E NA 10' 10' 10' 60'. B NA NA NA NA NA 0 err $ ace Restrictions/Requirements associated with Standards Above None I ZMA# 201300001 The softs at Meadowcreek 6/17/2013 Vi. Table of Uses by $lock (Section 20A.Sx, 20A.5.e., 20A.511 ZOA.5.1.1., and 20A.5.1.2.) The tabl6 below establishes the permitted uses, the special uses, and prohibited uses by block. The letter "P" symbolizes uses permitted by -right. The letters "SP"symbolize uses allowed by special use permit only. The lack of either symbol means that the use is prohibited in the block. Permitted/Prohibited Uses by Block Residential Uses Block Max. A B Mulif- amily P Unit Accessory uses and buildings Including storage uildln s P P Temporary construction uses P P s Non -Residential Uses Types Affordable Adr4inistreftive, Erofessfohal offices P Non- Restrictlons/Requlrements Associated with Uses Above (1) Accessary structures are not allowed between the building and the street VII. Developed Square Footage (Section 20AS.b. and 0 Density, HouslangType, Affordable Units, and Non-residential Use by Block MF = multifamfly (Condominfurni is a form of ownership which is allowed In Mf section) f. Fock Size Min. Max. Max. Unit Minimum Maximum Unit Min. Max. Units Units Density Types Affordable Affordable Type Non- Non - In units 'Units Units 's Res. Sq. Res. Sq. per Ft. Ft. acre A 2.24 60 65 23 MF 10 13 MF N/A N/A B 0.55 N/A N/A N/A N/A NIA N/A N/A N/A N/A I „ ZMA# 201300001 The Lofts at Meadowcreek '6/17/2013 4 VIII, Green Space and Amenities (Section 20A.5.d., Section 20A.S.I.6, and 7., and 20A.S.1.9.) The Green space includes landscaping for passive recreational uses. Park benches shall be provided. A fitness center will be available on the ground level of the apartment building. Appllear r will work with its affillate company to allow residents of Lofts at Meadowcreek to have use of amenities at Treesdale.. Minimum Gri'en Space, Civic Areas, and Amenity Areas by Block ' Amenity Area — Min. Sq. Ft. Amenities Green Space Green Space Elements Black B 'GreeOpace 24,40 2 beaches, paths24,400trees Z I Minimum of 5 flowering And 5 shade trees Fitness Center 90 Flmess center, space NA NA , -meeting Tota! 25,309 24,400 7 ZMA# 201300001 The Lofts at Meadowcreek 6/17/2013 IX. Architecture (Section 20A5.g.1-4) Form, massing, and proportions of structures The human response is perhaps the most significant component of the creation of any architectural environment, As with the residential project across Rio Road (Treesdale), the Lofts at Meadowcreek is a three story residential structure; with the addition of a partial loft above. The building sits atop a basement parking garage, buried along the Rio Road facade, with the exception of a portion of the basement exposed for vehicular access. As the entry portion of the basement Is revealed, the building recedes away from Rio Road, with the garage entry more than 120 feet from the property line. In addltlon, Rio Road rises from north to south with the elevation of the first floor less than 5 feet higher than Rio Road at the northern end to more than ten feet keLgw the road at the southern end. A viewer from the road will thus experience a constantly changing visual relationship. In fact, the highest point of the loft roof is 35' above the average street elevation along Rio Road. The top. -loft level recedes significantly from the main building facade, resulting in a building with the dominant portion of the main facade only 33 feet from the main floor', and only 28 feet from the average Rio Road elevation. In addition, to minimize the building height, the ceiling height of each loft level has been reduced from nine feet to eight feet. Other architectural elements and features have been employed to divide the building and create a varied elevation, The fa;ade is broken with horizontal divisions and the use of two color masonry that create a strong ground story image, Along the elevation, second,and third floor materials alternate between masonry and two color siding to divide tbebuilding Into smaller visual elements, and the exaggerated stepped cornice emphasizes this division. Varied window arrangements along the elevation again emphasize both the vertical and horizontal division. Again, the upper loft recedes significantly from the main facade and steps to again break up the massing. Illustrations included are examples only to Illustrate how scale, massing, and pedestrian orientation may be achieved within the Property, but are not intended to represent the specific- form of the final product nor describe final design requirements. Final zoning Interpretation of the project should not use these illustrations as the standard for re.view,of the project's architecture. I ZMA# 201300001 The Lofts at Maadowcreek 6/17/2013 X. Landscape Treatments (Section 20A,5.h.) Area , Specific Plant Type Spacing Quantity Special Conditions Location Street Entrance Street 1 every Shade trees and small Frontage Road shade tree S0 feet flowering trees alternating Small flowering tree Yard Grass/bawn Slope (no greater than 33%) ,Building shrubs 6 I Planted symmetrically In Ontrance beds on eltherslde of door Restrlc-tions/Requirements Associated with Standards Above (1) Species must conform to the Albemarle County Recommended Plants list. (2) Planting standards shall conform to the Virginia Nurserymen's Association GOIdelines for Planting, XI, Descriptions of Methods to be used for Stormwater Management .} See Application Plan, Exhibit Stormwater management quantity and quality controls for the area rezoned will be provided to meet the requirements of the Albemarle County Water Protection Ordinance. Xli. Street Cross -Sections (Section 20A.1.5,1,5,) See Application Plan, Exhibit A, sheet C -S. 9 JAIMI w— x-1, bviMM Am— Frr M iMlVMIL0tM 9if!'s Qjd1��B�a r e `� asrr� �o�t®4e•:�am ■ • • •� BROZ-0011-4 0040a I amp a0ism I am III �� III I I!I i II'I�It�1l�; �I III �� 111 I III i Il�l��llll�� �i� II( = 1111"I ' Ias- FA in tip s x lip F aka" 0 . — Uwkn ce s n w soVuoce ww�f 113 r--_ k rZ mww w w A—mics■ti \ \ IL I lit I I ' ld-- a f , . i uilaro�{ I Dean KAR� a D -M 711 f r 11 -rel I k t � Am ' I ;Ili + i 1 1'r �. - # � r � L' •' 4 . . t.f'. i.Y. �-_ .,.r, _,k:/t '�h _ __.—_,i�.'J :��•2 r_'f I _ 1"A 'r! I it a 711 -4 � Am .v r l!� J r, i � I I i ;Ili + i 1 1'r �. - # � r � L' •' 4 . . t.f'. i.Y. �-_ .,.r, _,k:/t '�h _ __.—_,i�.'J :��•2 r_'f �.��' 'jf.r i.�Yi'.j ' ❑VON 0114 I is F�: 0 0 I is F�: ALBEMARLE COUNTY CODE CHAPTER 18 ZONING SECTION 20A NEIGHBORHOOD MODEL - NMD Sections: 20A.1 PURPOSE AND INTENT 20A.2 STATUS AS A PLANNED DEVELOPMENT DISTRICT 20A.5 CODES OF DEVELOPMENT 20A.6 PERMITTED USES 20A.7 RESIDENTIAL DENSITY 20A.8 MIXTURE OF USES 20A.9 GREEN SPACES, AMENITIES, CONSERVATION AREAS AND PRESERVATION AREAS 20A.10 STREETS 20A.1 PURPOSE AND INTENT The purpose of the Neighborhood Model distnct (hereinafter reterred to as the "NMD") is to establish a planned development district in which traditional neighborhood development, as established in the county's Neighborhood Model, will occur. The county's Neighborhood Model was adopted as part of the comprehensive plan, and is hereinafter referred to as the "Neighborhood Model." The regulations in section 20A encourage a development form and character that is different from conventional suburban development by providing the following characteristics: Pedestrian orientation; Neighborhood friendly streets and paths; Interconnected streets and transportation networks; - Parks and open space as amenities; - Neighborhood centers; - Buildings and spaces of human scale; - Relegated parking; Mixture of uses and use types; Mixture of housing types and affordability; Redevelopment; Site planning that respects terrain; and Clear boundaries with the rural areas. The NMD is intended to provide for compact, mixed-use developments with an urban scale, massing, density, and an infrastructure configuration that integrates diversified uses within close proximity to each other within the development areas identified in the comprehensive plan. The particular uses permitted within a particular district, as well as the character, form and density of the development, shall be derived from the comprehensive plan, including the land use plan for the applicable development area, the master plan for the applicable development area, and the Neighborhood Model. Density shall be achieved with careful attention to design, as articulated in the Neighborhood Model. These regulations are intended to provide an applicant with maximum flexibility in creating and implementing the general development plan and the code of development. (Ord. 03-18(2), 3-19-03) 18-20A-1 Zoning Supplement #77,4-1-13 ALBEMARLE COUNTY CODE 20A.2 STATUS AS A PLANNED DEVELOPMENT DISTRICT An NMD is a planned development district within the meaning of section 8 of this chapter, subject to the following: a. As a planned development district, the standards for development shall be particular to the district and not be based on standards established for conventional zoning districts or the general standards for commercial or industrial districts in sections 21 and 26, respectively, of this chapter. The standards for development that are submitted by an applicant and approved by the board of supervisors for a particular NMD shall be the district's code of development described in section 20A.5. b. An application is not necessarily required to possess every characteristic of the Neighborhood Model delineated in section 20A.1 in order to be approved as an NMD. The size of the proposed district, its relationship to a larger neighborhood, or other similar factors may prevent the application from possessing every characteristic. C. An NMD shall have no minimum acreage requirement. (Ord. 03-18(2), 3-19-03) 20A.3 (Repealed 12-5-12, effective 4-1-13) 20A.4 (Repealed 12-5-12, effective 4-1-13) 20A.5 CODES OF DEVELOPMENT A code of development shall establish the unifying design guidelines, the specific regulations for the district, and the use characteristics of each block; provide for certainty in the location of and appearance of central features, and the permitted uses in the district; and provide a flexible range of a mix of uses and densities. Any substantive or procedural requirement of this chapter shall apply to an NMD unless the subject matter is expressly addressed in the code of development. Each code of development shall be in a form required or otherwise approved by the director of planning. To satisfy these requirements, each code of development shall establish: a. The uses permitted in the district by right and by special use permit, as provided in section 20A.6. b. The amount of developed square footage proposed, delineated for the entire NMD and by block by use and amenity. The developed square footage may be expressed as a proposed range of square footage. C. The maximum number of residential dwelling units, dwelling units by type, and delineating at least two (2) housing types, as provided in section 20A.8. d. The amount of land area and percentage of gross acreage devoted to green space and amenities, as provided in section 20A.9. e. All requirements and restrictions associated with each use delineated in subsection 20A.5(a). f. All uses expressly prohibited in the district, so that they may not be considered to be uses accessory to a permitted use. g. Architectural standards that will apply in the NMD, which shall address the following: 1. The form, massing, and proportions of structures which may be provided through illustrations; 2. Facade treatments; 18-20A-2 Zoning Supplement #77,4-1-13 ALBEMARLE COUNTY CODE The preservation of historic structures, sites, cemeteries, and archeological sites identified by the Virginia Department of Historic Resources; and 4. Architectural styles, materials, colors and textures if these elements are determined to be necessary in order for a proposed development to be compatible with its contiguous developed surroundings. The provisions in a code of development adopted prior to October 14, 2009 pertaining to subsections 20A.5(g)(1) through (4) shall be the only architectural standards in the code of development that apply to the planned development. h. Landscape treatments where landscaping in addition to that required by section 32 is proposed. The provisions in a code of development adopted prior to October 14, 2009 pertaining to landscape treatments as required under former subsection 20A.5(g)(7) shall apply to the planned development. i. For each block: The uses permitted on the block by right and by special use permit; 2. Build -to lines or ranges, which are the required distance from the right-of-way to a structure; 3. Minimum and maximum lot dimensions; 4. Minimum number of stories and maximum building heights; 5. Location of sidewalks and pedestrian paths; 6. Acreage devoted to and characteristics of green space, amenities, and recreational areas and facilities as required by section 4.16; 7. Location, acreage and characteristics of conservation areas and preservation areas as defined in section 3.1, if applicable; 8. Location of parking areas; 9. Location, acreage and characteristics of civic spaces, which are public areas for community or civic activities (e.g., libraries and their associated yards, schools and places of worship); (Ord. 03-18(2), 3-19-03; Ord. 09-18(9), 10-1409) 20A.6 PERMITTED USES The following uses shall be permitted in an NMD, subject to the regulations in this section and section 8, the approved application plan and code of development, and the accepted proffers: a_ By right uses. The following uses are permitted by right if the use is expressly identified as a by right use in the code of development or if the use is permitted in a determination by the zoning administrator pursuant to subsection 8.5.5.2(c)(1): 1. Each use allowed by right or by special use permit in any other zoning district, except for those uses allowed only by special use permit delineated in subsections 20A.6(b)(2) and (b)(3); provided that the use is identified in the approved code of development. 2. Water, sewer, energy and communications distribution facilities. 3. Accessory uses and buildings including storage buildings. 18-20A-3 Zoning Supplement #81,9-11-13 ALBEIVARLE COU�'VTY CODE 4. Horne occupation, Class A, where the district includes residential uses. Temporary construction headquarters and temporary construction storage yards (reference 5.1.18). 6. Public uses (reference 5.1.12). Tourist lodgings, where the district includes residential uses. 8. Group homes, where the district includes residential uses. 9. Tier I and Tier H personal wireless service facilities (reference 5.1.40). 10. Farmers' markets (reference 5.1.47). 11. Family day homes (reference 5.1.56). (Added 9-11-13) b. By special use permit. The following uses are permitted by special use permit if the use is expressly identified as use permitted by special use permit in the code of development: 1. Each use allowed by right or by special use permit in any other zoning district. Drive-through windows. Outdoor storage, display and/or sales serving or associated with a by right permitted use, if any portion of the use would be visible from a travelway. (Ord. 03-18(2), 3-19-03; Ord 04-18(2), 10-13-04; Ord. 09-18(9), 10-14-09; Ord. 10-18(4),5-5-10-, Ord. 13- 18(2), 4-3-13; Ord. 13-18(5), 9-11-13) 20A.7 RESIDENTIAL DENSITY Residential density within each NMD shall be as follows: a. The gross residential density should be within the applicable recommended gross density range established in the land use element of the comprehensive plan. In its deliberations regarding the appropriate residential density for the district, the board of supervisors shall take into account the amount of land devoted to non-residential uses. b. The gross residential density shall be measured in dwelling units per acre and calculated by dividing the proposed number of dwelling units in the proposed district by the gross acreage of the district. (Ord. 03-18(2), 3-19-03; Ord. 09-18(9), 10-14-09) 20A.8 MIXTURE OF USES There shall be a mixture of uses within each NMD as follows: a. Each district shall have at least two housing types; provided that this requirement may be waived by the board of supervisors if the district is an infill project or at least two (2) housing types are already present within one-quarter mile of the proposed district. The following are considered to be different housing types: (1) single family detached dwellings; (2) single family attached dwellings; (3) duplexes; (4) triplexes; (5) quadplexes; (6) townhouses; (7) multifamily dwellings; (8) accessory apartments; (9) manufactured housing; and (10) special needs housing such as assisted living facilities, group homes, and nursing homes. An "infill project" is a project in which a parcel is developed or redeveloped, where abutting or nearby parcels are already developed, and the project area is relatively small compared to the developed abutting or nearby parcels. 18-20A-4 Zoning Supplement #81, 9-11-13 ALBEMARLE COUNTY CODE b. Each district shall have at least two different general use classifications (i.e., residential, commercial, industrial, institutional, parks or recreational facilities open to the public); provided that this requirement may be waived by the board of supervisors if a different use is already present within one-quarter mile of the proposed district and accomplishes the mixture of uses within the neighborhood sought to be achieved by this section to an equivalent degree. C. The mixture of uses shall be based upon the uses recommended in the land use element of the comprehensive plan. The required mixture of uses may be obtained with different uses in different buildings or a mixture of uses within the same building. (Ord. 03-18(2), 3-19-03) 20A.9 GREEN SPACES, AMENITIES, CONSERVATION AREAS AND PRESERVATION AREAS Each NMD shall include the following: a. Green space. The minimum area devoted to green space is as follows: 1. For areas shown in the land use element of the comprehensive plan as neighborhood density residential, urban density residential, transitional, neighborhood service, community service, or office service, the area devoted to green space shall be at least twenty percent (201/6) of the gross acreage of the area proposed to be rezoned. 2. For areas shown in the land use element of the comprehensive plan as regional service, office regional or industrial service, the area devoted to green space shall be at least fifteen percent (15%) of the gross acreage of the area proposed to be rezoned. 3. For areas having a land use designation not addressed in subsections 20A9(a)(1) and 20A.9(a)(2), the recommendations of the applicable provisions of the comprehensive plan shall be guidance on the minimum area devoted to green space. 4. The minimum area devoted to green space may be reduced by the board of supervisors at the request of the applicant. In acting on a request, the board shall consider these factors: the relationship of the site to adjoining or nearby properties containing public green space such as parks or natural areas; the known future uses of the adjoining properties; and whether a reduction would better achieve the neighborhood model goals of the comprehensive plan. b. Amenities. The minimum area devoted to amenities is as follows: For areas shown in the land use element of the comprehensive plan as neighborhood density residential, urban density residential, neighborhood service, and community service, the area devoted to amenities shall be at least twenty percent (20%) of the gross acreage of the area proposed to be rezoned. 2. For areas shown in the land use element of the comprehensive plan as regional service, office service, office regional service or industrial service, the area devoted to amenities shall be at least ten percent (10%) of the gross acreage of the area proposed to be rezoned. 3. For areas having a land use designation not addressed in subsections 20A.9(b)(1) and 20A.9(b)(2), the recommendations of the applicable provisions of the comprehensive plan shall be guidance on the minimum area devoted to amenities. 4. The minimum area devoted to amenities may be reduced by the board of supervisors at the request of the applicant. In acting on a request, the board shall consider these factors: 18-20A-5 Zoning Supplement #78, 43-13 ALBE'hfARLE COUNTY CODE the relationship of the site to adjoining or nearby properties containing amenities; the proportion of residential uses to nonresidential uses proposed; the known future uses of the adjoining properties; and whether a reduction would better achieve the neighborhood model goals of the comprehensive plan. C. Additional requirements for amenities. Amenities shall also be subject to the following: 1. At least ninety percent (90%) of the residential units in the MMI) shall be within a one- quarter mile walk of an amenity. 2. The size, location, shape, slope and condition of the land shall be suitable for the proposed amenity. 3. The amenity shall be suitable for the specific population to be served. 4. The design of any recreational facilities shall meet the minimum design requirements from recognized sources of engineering and recreational standards. 5. In nonresidential areas of the development, amenities shall be located so that they are easily accessible to patrons and employees of the development. d. Green space within parks and recreational amenities. Any portion of an amenity that is covered in grass or other vegetation may be counted as both green space and an amenity. e. Preservation areas within green space. Preservation areas that preserve environmental features shall be included as green space area. f. Conservation areas within green space. Conservation areas that maintain environmental features shall be included as green space area. (Ord. 03-18(2), 3-19-03; Ord. 09-18(9), 10-14-09) 20A.10 STREETS Each street within an :.MD shall meet the street standards for a traditional neighborhood development established by the department of community development. (Ord. 03-18(2), 3-19-03; Ord. 09-18(9), 10-14-09) 18-20A-6 Zoning Supplement 47; 8, 4-3-13