ZMA202000012 Code of Development 2021-11-17Code 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.
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MONTCLAIR I Code of Development
A Neighborhood Model District
Revised 17 November 2021
Submitted 21 September 2020
ZMA2020-12 COD 11
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
N
Multifamily
BR
BR
BR
N
Group Homes
BR
BR
BR
N
Boarding Houses
BR
BR
BR
N
Home Occupation Class A
BR
BR
BR
N
ON -RESIDENTIAL
Family Day Home
BR
BR
BR
N
Office
N
BR
N
N
Light Industrial
N
N
N
N
Retail Sales and Service
N
BR
N
N
Barber, beauty shops
N
BR
N
N
Health Spas
N
BR
N
N
Child day centers (reference 5.1.06)
N
BR
N
N
Tailor, seamstress
N
BR
N
N
Restaurants
N
BR
N
N
Financial Institutions
N
BR
N
N
Religious Assembly Use
BR
BR
BR
N
"BR" = "By -right"
"SP" _ "Special Use Permit"
"N" _ "Not Permitted"
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Revised 17 November 2021
Submitted 21 September 2020
ZMA2020-12 COD 12
MONTCLAIR I Code of Development
A Neighborhood Model District
BLOCK 1
BLOCK 2
BLOCK 3
BLOCK 4
Hotel
N
BR
N
N
armers' markets (reference §18-5.1.47)
N
N
N
N
Car Washes
N
N
N
N
Automobile, Truck Repair Shops
N
N
N
N
Machinery and equipment sales, service, and rental
N
N
N
N
Manufactured home and trailer sales and service
N
N
N
N
Motor vehicle sales, service and rental
N
N
N
N
Wholesale Distribution
N
N I
N
N
Sale of major recreational equipment and vehicles
N
N
N
N
Storage Yards
N
N
N
N
Drive -through windows
N
N
N
N
Water, sewer, energy and communications distribution facilities
BR
BR
BR
BR
Accessory uses and buildings including storage buildings
BR
BR
BR
BR
Temporary construction headquarters and temporary
construction storage yards (reference §18-5.1.18)
BR
BR
BR
N
Temporary industrialized buildings (reference 418-5.8)
N
N
N
N
Public Uses (reference §18-5.1.12)
BR
BR
BR
BR
Tier I and Tier II Personal wireless (reference §18-5.1.40)
BR
BR
BR
N
Stand alone parking
N
N
N
N
Notes to Table A:
1. A minimum of two housing types shall be provided in Montclair.
. Hotel use is limited to no more than 20 guest rooms
" BR" = 'By -right"
"SP" _ "Special Use Permit"
"N" _ "Not Permitted"
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Revised 17 November 2021
Submitted 21 September 2020
ZMA2020-12 COD 13
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
Square Footage
TABLE C. RESIDENTIAL DENSITY
BLOCK 1
BLOCK 2
BLOCK 3
BLOCK 4
TOTAL
Approximate Block Area
(AC)
8.16 (Gross)
6.68 (Net)
2.71
3.52
3.02
17.41
IN Residential Units
40
8
10
-
58
MAX Residential Units
120
16
21
157
80 units
40 bonus units'
MAX Block Density
(DUA)
14 (Gross)
17 (Net)
5
9 (Gross)
12 (Net)
Notes to Table C:
1. Total number of residential units in Montclair not to exceed 157.
. Overall maximum 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
rough 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.
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Revised 17 November 2021
Submitted 21 September 2020
ZMA2020-12 COD 14
MONTCLAIR I Code of Development
A Neiqhborhood Model District
TABLE D. GREENSPACE & AMENITIES
BLOCK
BLOCK2
BLOCK3
BLOCK
TOTAL
Approximate Block
Area (AC)
8.16
2.71
3.52
3.02
17.41
Amenity Area MIN SF
10,000
5,000
5,000
131,000
151,00
Amenity Area MIN %
2.8%
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
10,000
5,000
5,000
131,000
151,00
Green Space MIN %
2.8%
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 Blocks 1 and 2.
. 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.
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Revised 17 November 2021
Submitted 21 September 2020
ZMA2020-12 COD 15
Architectural Standards (Sections 20A.5g)
FORM, MASSING, AND PROPORTION OF STRUCTURES
Attached building facades facing a street shall not extend for more than 40 feet without
a change in plane. The minimum change in plane shall be 2 feet and the cumulative total
length of the change in plane shall extend for no less than 10% of the length of the building facade.
RESIDENTIAL DESIGN EXHIBITS
MONTCLAIR I Code of Development
A Neighborhood Model District
Figures 1 & 2 demonstrate possible form, massing, and proportions of residential structures within the NMD; final architectural designs to be
determined at site plan.
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
BLOCK 1 AND 2 BUILDING FACADES
Building facades facing Route 240 and Park Ridge Drive in Blocks 1 & 2 shall be designed as front building facades unless a landscape screening buffer
is provided in accordance with § 18-32.7.9.7.
Figure 1
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ZMA2020-12 COD 16
MONTCLAIR I Code of Development
A Neighborhood Model District
TABLE E. LOT 5 BUILDING REGULATION
BLOCK 1
BLOCK 2 Lim
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
5' Min
5' Min
5' Min
-
ear
5' Min
10' Min
10' Min
-
otes to Table E:
1. Side setbacks apply unless the building shares a common wall
. Per Section 4.20(a)(1) of the Albemarle County Zoning Ordinance, on any parcel with multiple main buildings, at least one main building
hall meet the maximum setback
. 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.
5. Minimum and maximum building story ranges provided are for above grade stories.
. Accessory structures shall be a minimum of 5' from property lines.
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Revised 17 November 2021
Submitted 21 September 2020
ZMA2020-12 COD 17
parking area
Park Ridge D
l
relegated from
Figure 4
MONTCLAIR 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 may be provided in the
Virginia Department of Transportation right-of-way
only as permitted by VDOT. Dumpsters and Dumpster
Pads on the Property shall be screened pursuant to
Section 4.12.19 of the Zoning Ordinance.
Revised 17 November 2021
Submitted 21 September 2020
ZMA2020-12 COD 18
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
Sto Des & Paz Guidelines, (A(1)-24, 26)
ihfiTP EN INEERING, P.C.
MONTCLAIR I Code of Development
A Neighborhood Model District
Figure 5
Revised 17 November 2021
Submitted 21 September 2020
ZMA2020-12 COD 19
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
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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 17 November 2021
Submitted 21 September 2020
ZMA2020-12 COD 110
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
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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
Applicanfs 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 17 November 2021
Submitted 21 September 2020
ZMA2020-12 COD 111