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
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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;
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Zoning Supplement #77,4-1-13
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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.
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Zoning Supplement #81, 9-11-13
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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
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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