ZMA202200002 Code of Development 2022-06-21SIEG PROPERTY
NEIGHBORHOOD MODEL
ZONING MAP AMENDMENT
ZMA 2022-02
CODE OF DEVELOPMENT
Submission Dates:
Original date: 02/21/22
Resubmittal #1: 06/21/22
612112022
TABLE OF CONTENTS
1. Introduction
4
1.1 Purpose and Intent
4
1.2 Existing Conditions
4
2. Code of Development
8
2.1 General Development Application Plan
8
2.2 Land Use By Block
8
2.2.1 Regional Mixed -Use Category
12
2.2.2 Urban Density Residential Category
13
2.3 Permitted and Prohibited Uses: Residential and Non- Residential
14
2.4 Use Definitions
16
2.5 Building Form Standards
18
2.5.1 Density
18
2.5.2 Lot Regulations
18
2.5.2.1 Regional Mixed -Use Center— Blocks 1 through 4
19
2.5.2.2 Urban Density- Blocks 5, 6 & 7
20
2.6 Green Space and Amenities
22
2.6.1 Green space
22
2.6.2 Buffers
22
2.6.3 Civic Spaces and Recreational Amenities
25
2.7 Phasing
26
2.8 Stormwater Management
26
2.9 Grading
26
2.10 Transportation
27
2.10.1 Street Network
27
2.10.2 Pedestrian Network
29
2.10.3 Park and Ride
29
2.10.4 Traffic Improvements
30
2.11 Parking
30
2.12 Floodplain
31
2.13 Trailways
31
2.14 Utilities
32
3. Architectural and Landscape Standards
3.1 Architectural Standards
32
3.2 Lighting Standards
32
3.3 Signage Standards
33
3.4 Landscaping Standards
33
3.4.1 Street Trees
33
3.4.2 Buffers
34
3.4.3 Tree Preservation Guidelines
34
3.5 Streetscape Treatments
34
4. Affordable Housing
35
4.1 For Sale Affordable Housing
35
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4.2 For Rent Affordable Housing
4.3 Cash -In -Lieu of Constructing Affordable Units
List of Tables:
Table 1
Existing Parcel Information
Table 2
Land Use Areas
Table 3
Characteristics of the Regional Mixed -Use Category
Table 4
Characteristics of the Urban Density Residential Category
Table 5
Permitted/Prohibited Residential Uses by Block
Table 6
Permitted/Prohibited Non -Residential Uses by Block
Table 7
Density Regulations
Table 8
Lot Standards Regional Mixed -Use Center
Table 9
Lot Standards Urban Density Residential
Table 10
Buffer Classifications
Table 11
Civic Space / Recreational Amenities
Table 12
Street Network Chart
Table 13
Relegated Parking Guidelines
List of Figures:
Figure 1
PROPERTY CONTEXT MAP
Figure 2
CRITICAL RESOURCES MAP
Figure 3
PROPOSED LAND USE DIAGRAM
Figure 4
ILLUSTRATIVE CONCEPTUAL PLAN
Figure 5
GARAGE AND DRIVEWAY EXHIBIT
Figure 6
GREEN SPACE AND TRAILWAYS
Figure 7
NEIGHBORHOOD STREET CROSS SECTION
Figure 8
CONNECTOR ROAD CROSS SECTION
Figure 9
PRIVATE STREET CROSS SECTION FOR AMENITY ORIENTED LOTS
Figure 10
TRANSPORTATION PHASING EXHIBIT
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37
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1. INTRODUCTION
1.1 Purpose and Intent
In accordance with the requirements of the Neighborhood Model District ("NMD") and the
regulations contained in 20.A.5 of the Albemarle County Zoning Ordinance (the "Zoning
Ordinance'), this "Code of Development", together with the General Development Application
Plan, entitled "Sieg Zoning Map Amendment Plan" ("Application Plan"), shall serve as the
guidelines and regulations for the development of the Sieg and Sweetspot Properties (the
"Property" and the "Development"). The Property includes Tax Map Parcels: 75-48, 75-53, 75-
56, 75-54A, 75-54, 75-55, and 75-55C. See Table 1.
The intent of the Code of Development and Application Plan is to provide a framework for the
development of the Property that is in accordance with the principles of the Neighborhood
Model, Albemarle County Comprehensive Plan, and Albemarle County Zoning regulations, while
allowing for maximum flexibility and creativity in the establishment of the Application Plan,
mixture of uses, building locations, street networks, densities within the Property, and overall
design of the project.
1.2 Existine Conditions
The Property, as shown on the Regional Context Map in Figure 1 of the Code of Development
(COD) is located within the Southern + Western Neighborhoods section of Albemarle County.
The Property, totaling 145 +/- acres and consisting of (7) parcels and existing VDOT right of way,
was surveyed by Draper Aden in 2006 and Lincoln Surveying in October, 2008. The Property
survey has also been included on the application materials. Table 1 of the COD includes the
existing property information on the 7 parcels. The Property is bordered by Interstate 64, Route
29, and portions of the Sweetspot property. The surrounding areas and adjacent property
owners are shown on the existing conditions sheet in the application plan.
The current zoning of the (7) parcels within the Property is R-1 (Residential) and HC (Highway
Commercial) zoning. The topography of the Property is primarily rolling terrain, with a stream
corridor along the Route 29 frontage of the Property. Figure 2 in the COD illustrates the
environmentally sensitive areas on the Property, including the floodplain along Route 29 and the
sensitive steep slopes on the Property, both managed and preserved, as identified by Albemarle
County.
The Property also includes the existing right-of-way of Gold Eagle Drive, which provides access to
the existing distributorship that is adjacent to the development site. This parcel, identified as
07500-00-00-055DO and owned by Virginia Eagle Properties LLC, is not being rezoned, but will
utilize the transportation network that is contemplated in this rezoning. Transportation
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improvements that are interior to the site, will be phased as shown in Figure 9. Exact timing of
improvements will be determined during the site plan review and is covered in more detail in the
Sieg Proffer Statement. The rezoning application includes the existing Gold Eagle Drive right-of-
way, as the road network is being altered to improve the site access. Site access will be provided
from Route 29, with modifications that convert the existing Gold Eagle Drive to right -in right -out
only. A second primary access to the site will be provided further south, with the inclusion of a
"Green T" intersection and merging lane for Route 29 North. The site also includes an
emergency access point at the existing Shepards Hill Road. All off -site transportation
improvements are detailed within the Transportation Impact Assessment, by Ramey Kemp
Associates, updated June 2022 and within the Proffer Statement and supporting documentation.
Table 1: Existing Parcel Information
TMP
Owner
Owner Address
Acreage
Current
Zoning
75-48
Sweetspot of Albemarle,
41 PALISADES ROAD NE ATLANTA
82.61
R-1
LLC
GA, 30309
75-53
RBD Gold Eagle, LLC
455 2nd Street SE, 5"' Floor,
43.813
R-1
Charlottesville, VA 22902
75-56
THE PINES GROUP
PO BOX 1467 CHARLOTTESVILLE,
10.795
HC
VA 22902
75-54A
RBD Gold Eagle, LLC
455 2nd Street SE, 5"' Floor,
1.484
HC
Charlottesville, VA 22902
75-54
THE PINES GROUP
PO BOX 1467 CHARLOTTESVILLE,
1.502
HC
VA 22902
75-55
J W SIEG & COMPANY
1180 SEMINOLE TRAIL SUITE 290
2.2694
HC
INC
CHARLOTTESVILLE VA, 22901
75-55C
J W SIEG & COMPANY
1180 SEMINOLE TRAIL SUITE 290
0.90
HC
INC
CHARLOTTESVILLE VA, 22901
Ex. Gold
VDOT Right of Way
1.70
N/A
Ea le r/w
145.07+/-
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FIGURE 1: PROPERTY CONTEXT MAP
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FIGURE 2: CRITICAL RESOURCES MAP
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2. CODE OF DEVELOPMENT
2.1 Application Plan
The Application Plan lays out the framework for the development of the Property, while
incorporating the flexibility necessary to adapt to changing needs in the future. The Application
Plan illustrates the Development areas, Green Space, Trails, and Buffer areas all within the
Property, along with the environmentally sensitive areas that will remain undisturbed. The
Application Plan also shows the proposed alignment of the major roads through the Property,
and the connections to the adjacent properties and existing roads. Other key features of the
development are shown in the Application Plan, such as proposed civic spaces and other
elements of the rezoning.
2.2 Land Use by Block
The Application Plan has been segmented into 7 blocks, based on existing site conditions of the
Property. The blocks are classified into two different land use districts, which derive from the
Comprehensive Plan recommendations for the Property, with the included delineation of areas
that are more residential in character. The two land use districts are: Regional Mixed Use, and
Urban Density Residential. In accordance with the Southern + Western Neighborhoods
recommendations, the Property includes ample area for more commercially focused Regional
Mixed Use Service Center, while incorporating residential uses on areas of the site with
topography that is not conducive to larger commercial pads. The Regional Mixed Use Service
Center will be the heart of the development with a combination of retail, commercial,
residential, and community spaces. The Urban Density Residential area provides a transition
from the Regional Mixed Use Service Center to the surrounding areas, and provides a mix of
residential types of housing, and other uses and amenities. A summary of the Land Use Areas
can be found on Table 2. The Land Use Table lists the total acreage of each block along with the
acreage in each block that is included as development area and Green space/Amenities. The
Green space areas include the Trails, Buffer, and Park areas. Over 37% of the Property will be
included within the Green space areas.
Block sizes are flexible in size and may adjust as the site plans and subdivision plats are
developed and finalized; however, all the requirements of this Code of Development and County
Ordinances must be met for each block. The proposed density of each block will be determined
by both the acreage and land use of the block. No block size shall be modified more than twenty
percent (20%) of the gross land area listed in Table 2 on page 6 of the Code of Development.
Figure 3 in the Code of Development provides the location of the development blocks within the
Development and identifies the land uses for each block.
Figure 4 depicts an illustrative plan showing a potential road configuration. This plan is
conceptual and is intended only to show potentially how the Property can be developed under
the guidelines set forth within the Code of Development.
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Table 2: Land Use Areas
Development
Green Space/ Amenities (ac)
Land Use District
Block
Area
(ac)
Area (Roads,
Lots, Buildings,
Civic/
Green Space/
Total Green
Parking lots)
Parks
Buffers
Space
•
1
7.67
4.47
0.00
3.20
3.20
•
2
3.21
2.96
0.00
0.25
0.25
•
3
13.12
1 9.12
0.85
3.15
4.00
•
4
14.38
11.63
0.00
2.75
2.75
Urban Density
5
17.54
15.35
0.69
1.50
2.19
Residential
Urban Density
6
65.29
34.83
0.46
30.0
30.46
Residential
Urban Density
7
23.86
12.71
0.00
11.15
11.15
Residential
TOTAL
91.07 2.00 52.00 54.00
145.07 (62.8) (1.4%) (35.8%) (37.2%)
Notes:
1. The development areas and Green space areas may change within each block; however, the total minimum Green
space/Amenities area will be met throughout the development.
2. Additional Green space may be added or expanded during the design phases to allow for additional area to accommodate
utilities, stormwater management, recreational areas, and erosion control measures as necessary for the development. Also, see
section 2.4 of the Code for additional specific requirements for the proposed Green space/Amenities within the development.
3. No block size shall be modified more than 20% of the gross land area as listed in this Table 2.
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0
0
REGIOUSE
■
URBAN DENSITY RESIDENTIAL
URBANAENSITY ESI
GREEN SPACE
Iv
0
PROPOSED ACSA WATER TANK
E
TRANSPORTATION NETWORK
unn
LIMITS OF BLOCK
6LOR 5
FIGURE 3: PROPOSED LAND USE DIAGRAM
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2.2.1 Regional Mixed -Use Category
Pursuant to Figure 3, The Proposed Land Use Diagram, many areas of the Development are
designated for a flexible mix of residential and commercial uses with characteristics of a regional
mixed -use area, while also allowing some residential uses. The areas of the diagram labeled
Regional Mixed Use are primarily commercial.
The more purely commercial areas of the Development will be located within and around the
central commercial hub of the project, or Block 3, as shown on the Application Plan. Retail uses
are situated closer to Route 29, for more convenient access, while office uses are further back
into the site while also being convenient to the centralized hub of activity. The entrances into
the community, perpendicular to Route 29, create and loop around the centralized hub of
activity, a vibrant center where residents, employees, visitors, and shoppers may interact within
civic spaces and community areas to create the center of the community.
Table 3: Characteristics of the Regional Mixed -Use Category
Characteristic
Description
Notes
Block Size
N/A
Block lengths based on site design and
development area
Civic Space
Public space for outdoor events,
Outdoor meeting/plaza area and public
meetings, & gatherings (minimum
green space - See Section 2.4.3 of the Code
0.85 acre civic space in Block 3
for details
Bicycle Racks
Minimum 1 bike rack space per 5000
Bike racks shall be distributed throughout
sf of retail space
the Regional Mixed -Use Center
Uses
Predominately Non-residential uses
See Table 8 for minimum and maximum
with some residential density allowed
uses within Blocks 1-4
Relegated
Parking shall be relegated and/or
See Section 2.9 of the Code for details on
Parking
screened from the public streets by
the Relegated Parking
buildings or landscape
Lot Regulations
See Section 2.3.1 of the Code
Building
See Section 2.3.1 of the Code
Regulations
Ancillary Uses
Rest homes, assisted living facilities,
Non-residential uses that will complement
nursing homes, convalescent homes,
the residential, mixed use, retail, and office
recreational areas, health clubs,
uses within the Regional Mixed -Use Center
community space, homestay, and
hotels
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2.2.2 Urban Density Residential
Beyond the commercial and community hub shall be an Urban Density residential area, providing
varied residential options adjacent to the Regional Mixed -Use areas. The Urban Density land use
districts within the Development are designed to tuck into the rear area of the site, creating an
attractive streetscape while also providing civic areas geared towards residents. This Urban
Density area shall also serve as a transition from the central hub of activity to the R-1 zoning
areas that are adjacent to the site. Although some non-residential uses shall be allowed within
these blocks, the primary land use will be residential. The Urban Density Residential designation
applies to Block 5, Block 6 & Block 7. Note that residential uses, as allowed within this Land Use,
are also allowed within the Regional Mixed -Use Category.
Table 4: Characteristics of the Urban Density Residential Category
Characteristic
Description
Notes
Block Size
N/A
Block lengths based on site design and
development area
Civic Space
Minimum of 1.15 acres
Outdoor public plaza/meeting areas,
clubhouse, and Recreational Amenities —
See Section 2.4.3 of the Code for details
Bicycle Racks
Minimum (1) bike rack space per
A clubhouse and pool shall count for a
5000 sf of retail space and
total of (5) bicycle spaces required.
minimum of (1) bike space per
A tot lot recreational area shall count for
5,000 sf of non-residential space
a total of 3 spaces required.
Uses
Primarily Residential with some
See Table 9 for minimum and maximum
Non-residential uses permitted
uses within Block 5 & Block 6
Building
Primary entrance located on the
Buildings may have a secondary
Entrances
front or side of the building
entrance on the side or rear of the
building.
Roadway Network
Interparcel connections
Relegated Parking
Parking shall be relegated and/or
See Section 2.9 of the Code for details
screened from the public streets
on the Relegated Parking
by buildings or landscape
Lot Regulations
See Section 2.3.1 of the Code
Building
See Section 2.3.1 of the Code
Regulations
Ancillary Uses
Rest homes, assisted living
Non-residential uses that will
facilities, nursing homes,
complement the proposed residential
convalescent homes, recreational
uses.
areas, health clubs, and
community space
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2.3 Permitted and Prohibited Uses: Residential and Non- Residential
Table 5: Permitted/Prohibited Residential Uses by Block
RESIDENTIAL USES
DISTRICT/BLOCKS
Urban Density Residential
5, 6
X
Regional Mixed Use
Detached Single -Family Dwelling
Attached Single -Family Dwelling Units
X
Multifamily dwellings
X
X
Accessory uses and buildings, including
storage buildings
X
X
Accessory Apartments
X
Carriage Unit
X
Home Occupation Class A
X
X
Home Occupation Class B
X
X
Homestay
X
Group Homes
X
X
Family Day Homes
X
X
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Table 6: Permitted/Prohibited Non -Residential Uses by Block
NON-RESIDENTIAL USES
DISTRICTS/ BLOCKS
Regional Mixed Use
Urban Density Residential
,6&7
Assisted Living residential facilities
X
X
Administrative professional offices
X
X
Antique, gift, jewelry, notion, and craft shops
X
Barber, beauty shops
X
Breweries, Wineries and Distilleries
X
Car Wash
X
Clothing, apparel, and shoe shops
X
Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02)
X
X
Community Center
X
X
Commercial recreation establishments
X
X
Concessions for the serving of food refreshments or entertainment of club
members and guests in conjunction with swim, golf, or tennis club
X
X
Convenience Stores
X
Daycare, childcare, or nursery facility (reference 5.1.06)
X
Drive Through Window
X
Drug store, pharmacy, dispensary
X
Educational, Technical and Trade Schools
X
Restaurants (not including fast food restaurant)
X
X
Water, sewer, energy & communications facilities
X
X
Farmers' Market (reference 5.1.36) (indoor and outdoor)
X
X
Fast Food
X
Financial Institutions
X
Florist
X
Food and grocery stores including such specialtyshops as bakery, candy, milk
dispensary and wine and cheese shops
X
Furniture and home appliance (sales and services)
X
Gas Station
X
Car Charging Stations
X
X
Hardware store
X
Health club or spa
X
X
Hotels, motels, and inns
X
Indoor athletic facilities
X
X
Indoor theaters
X
Laundries, dry cleaners
X
X
Libraries
X
X
Medical center
X
Musical instrument sales
X
Newsstands, magazines, pipe and tobacco shops
X
Office and business machines sales and services
X
Optical goods sales
X
Outdoor Amphitheatre
X
X
Outdoor eating establishments or cafe
X
X
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 an entrance
corridor.
Sp
Sporting Goods Sales
X
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NON-RESIDENTIAL USES
DISTRICTS/ BLOCKS
Regional Mixed Use
Urban Density Residential
'
5,6&7
Photographic goods sales
X
Professional offices, including medical, dental and optical
X
X
Public and private utilities and infrastructure
X
X
Public uses and buildings, including temporary or mobile facilities including
schools, offices, parks, playgrounds and roads
X
X
Rest home, nursing home, and convalescent home
X
X
Retail sales and service establishments
X
X
Self-service storage facilities
X
Stand-alone parking and parking structures(reference 4.12, 5.1.18)
X
X
Stormwater management facilities on an approved final site plan or
subdivision plat
X
X
Swim, golf, tennis or athletic facility
X
X
Tailor, seamstress
X
Temporary construction uses (reference 5.1.18)
X
X
Temporary nonresidential mobile homes (reference 5.1.40)
X
X
Tier I & Tier II personal wireless service facilities (reference 5.1.140)
X
X
Veterinary offices and hospital
X
Visual and audio appliances sales
X
Water, Sewer, Energy & Communications Facilities
X
X
Wholesale Distribution
X
Manufacturing/Processing/Assembly/Fabrication/Recycling
X
Storage/Warehousing/Distribution/Transportation
x
Laboratories/Research and Development/Experimental Testing
X
Notes: (X) designates the use as permitted "By -right" within the block as shown.
(SP) designates the use as permitted through a "Special Use Permit process' through the County.
(SE) designates the use as permitted through a "Special Exception request; through the County duringthe site plan process.
Reference to uses not otherwise defined or listed in this Code of Development shall be defined as listed first, in the
Albemarle County Zoning Ordinance or second, in the adopted Comprehensive Plan. If no definition of the use is provided
(Code of Development, Zoning Ordinance, Comprehensive Plan) then such use must be officially determined by the zoning
administrator, after consultation with the director of planning, to be permitted in a particular Block pursuant to subsection
8.5.5.2(c)(1).
2.4 Use Definitions
Carriage Unit
The term carriage unit within this Code of Development shall be defined as follows: A separate,
independent, accessory dwelling unit detached from, but located on the same parcel as the
structure of and clearly subordinate to a single family detached dwelling, as distinguished from a
duplex or other two-family dwelling. Notwithstanding any provisions of Section 5.1.34 of the
Albemarle County Code, carriage units shall be permitted on lots comprised of detached single-
family dwellings, subject to the following restrictions:
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1. No more than one (1) carriage unit shall be permitted per each detached single-family
dwelling.
2. The gross floor area devoted to a carriage unit shall not exceed thirty (35) percent of the
total gross floor area of the main dwelling.
3. The gross floor area of a carriage unit shall not be included in calculating the gross floor
area of the main dwelling unit for uses such as home occupations as provided in Sections
5.2 and 5.2A of the Albemarle County Code and other similar uses whose area within a
dwelling unit is regulated.
4. A carriage unit shall enjoy all accessory uses availed to the main dwelling, except that no
carriage unit shall be permitted as accessory to another carriage unit or accessory
apartment.
5. All carriage units shall be located in the rear of the lot.
6. Notwithstanding any other requirements of this Code of Development, carriage unit
setbacks shall be the same as for the principal building with which it shares a lot, except
for the rear yard setback, which shall be a minimum of (5) feet.
7. Any single family dwelling containing a carriage unit shall be provided with a minimum of
three (3) off-street parking spaces, arranged so that each parking space shall have
reasonably uninhibited access to the street or alley, as applicable, subject to approval of
the zoning administrator.
8. In blocks where carriage units shall be constructed, the alley shall be designed and
constructed with a clear travel lane having a minimum width of 20 feet.
Accessory Apartment
The term accessory apartment within this Code of Development shall be defined as a separate,
independent dwelling unit that is attached and within the structure of the main dwelling.
Accessory apartments as subject to the requirements and conditions as set forth in Section
5.1.34 of the Albemarle County Code.
Amenity -Oriented Lots
Notwithstanding Section 4.6.1 and 4.6.2 of the County zoning ordinance, attached and detached
residential units with the front of the unit facing a grass mall, park, green space, or any other
similar amenity area (collectively, "Amenity') are permitted throughout the development,
provided that the Amenity must be at least thirty feet (30) in width, and an open area, from face
of building to face of building must remain at a minimum of fifty feet (50) in width. In addition,
Amenity -Oriented lots shall be served by a private street. The applicant has requested a waiver
of the street standards for roads serving amenity -oriented lots.
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2.5 Building Form Standards
The Development is designed in accordance with the principles of the Neighborhood Model,
while maintaining a level of flexibility in the product type and density of the community to adapt
to current and future market conditions.
2.5.1 Density
Allowable densities within the Development have been arranged in accordance with the
Albemarle County Comprehensive Plan to establish a compact form of development within the
County's designated Growth Area, thus protecting the rural surroundings. Table 7 lists the
allowable density range for each block (not including the acreage of the Green Space) based on
unit type and mixture of uses. The Property will include a minimum of 500 residential units and
a maximum of 1,365 residential units. Non-residential uses are capped at 350,000 square feet
per the details of Table 7.
Table 7: Density Regulations
Maximum/Maximum Use Regulations per Rezoning Plan' 1
a
Residential Uses
Non -Residential Uses
0
Block Areal
z
(acres)
Density Range
Dwelling Unit
Dwelling Unit
Minimum Non-
Maximum Non-
(
(units)
Minimum
Maximum
Residential (SF)
Residential (SF)
1
4.47
0-34 units
0
151
0
30,0002
2
2.96
0-34 units
0
100
0
30,0002
3
91.12
0-34 units
0
310
40,000
140,0002
11.63
0-34 units
0
395
60,000
290,000
15.35
6-34 units
92
532
0
0
34.83
6-34 units
208
1,184
0
0
12.71
6-34 units
76
432
0
0
Total Comprehensive Plan Recommended
500
3,104
100,000
450,0002
Densities:
Soo
1,365
100,000
350,0002
Total Min. & Max. Allowed Density
1. Block areas are exclusive of Green Space area. A total of 54.0 acres are not included in the Density calculations for the Development.
2. Maximum non-residential square footage in each of these blocks and the total maximum non-residential square footage do not include the
square footage of ancillary uses as listed in Section 2.2 of the Code of Development.
3. Assisted living facilities & rest homes, nursing homes, and convalescent homes shall qualify as meeting the residential component of the
block, and shall not count against the minimum or maximum dwelling units in this block.
2.5.2 Lot Regulations and Setbacks
The setbacks, lot sizes, and lot coverages listed in the tables below shall establish the minimum
separation and building requirements for the Development within the blocks as indicated. Note
in the charts below that SFD= Single Family Detached and SFA= Single Family Attached.
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2.5.2.1 Regional Mixed -Use Center— Blocks 1 through 4
Table 8: Lot Standards Regional Mixed -Use Center
Requirement
Minimum
Maximum
Notes
Front setback
No minimum
30' maximum
Exceptions to the maximum setbacks
shall be considered during the site
Porches
No minimum
No maximum
plan process
Side setback
No minimum
No maximum
Minimum 10' bldg. separation
Side, Corner Lot setback
5'
No maximum
Rear setback
5'
No maximum
Height
No minimum
4 stories/ 60'
Buildings greater than 4 stories must
step back a minimum of 15 feet after
5 stories/70' with
the 4`h story or provide a minimum
Special Exception
15-foot front setback or side setback
adjacent to a street
Lot size
No minimum
No maximum
Building Footprint
No minimum
50,000 sf (Non-
Maximum does not apply to assisted
Residential) & No
living facilities, rest homes,
maximum for
recreational and civic spaces, &
Residential Units
health clubs.
Notes:
1. Buildings over 3 stories shall require a 26' wide, exclusive of shoulders, aerial fire apparatus access road that is no
more than 30' from the building to meet Fire and Rescue regulations.
2. Side and rear minimum setbacks for any primary structure shall be constructed and separated in accordance with
the current edition of the Building Code.
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2.5.2.2 Urban Density Residential — Blocks 5, 6 & 7
Table 9: Lot Standards Urban Density Residential
Requirement
Minimum
Maximum
Notes
Front Setback
5' minimum
25' maximum
Exceptions to the maximum
setbacks shall be considered
Porches
4' minimum
25' maximum
during the site plan process
Side Setback
5'
No maximum
Minimum 10' bldg. separation
Side, Corner Lot Setback
5'
No maximum
Rear Setback
10,
No maximum
Garage Setbacks
See Figure 5
See Figure 5
Height
No minimum
4 stories/ 60'
Buildings greater than 4 stories must
step back a minimum of 15 feet after
5 stories/70'
the 4th story or provide a minimum
with Special
15-foot front setback or side setback
Exception
adjacent to a street
Lot size
No minimum
No maximum
Building Footprint
No minimum
15,000sf (Non-
Maximum does not apply to
Residential) &
assisted living facilities, rest
No maximum
homes, recreational and civic
for Residential
spaces, health clubs, and multi -
Units
family buildings
Note: Buildings over 3 stories shall require a 26' wide, exclusive of shoulders, aerial fire apparatus access road that is
no more than 30' from the building to meet Fire and Rescue regulations.
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PUBLIC ROAD OR GREENSPACE
SCENARIO 3.
SCENARIO 2
SCENARIO 3
2 CAR
�z 2B'
�z
9'
GARAGE
PARKING
i MIN IN l
f Mir IN ;
2 MEirTIN
SPACE
2
2SURFACE
SURFACE
PARKING zPARKING
RPGA�RKIGNEG
SPACE
SPACES
PRIVATE ALLEY OR STREET „�&LL
�joy
MIX
� Z o 2o' MINIMUMTRAVELWAY PAVEMENT WIDTH B 2 i o
Lre iP_
PUBLIC
ROAD
NOTES:
i. EACH SINGLE FAMILY LOT WILL HAVE A MINIMUN
OF 2 OFF STREET PARKING SPACES.
2. OFF STREET PARKING SPACES WILL BE LOCATED
IDEWALK
S MIN I"
MIN
EITHER IN DETACHED GARAGES, ON PARKING
2 CAR
3'
PADS ORA COMBINATION OF BOTH.
GARAGE
MIN
3. GARAGES WILL BEA MINIMUM OF 2B'DEEP AND
PARKING
°.��
LOCATED EITHER S'FROM OR GREATER THAN 26'
SPACES
FROM REAR PROPERTY LINES ADJACENT TO THE
PRIVATE ROAD OR ALLEY.
;. GARAGES WILL BE MINIMUM OF 7' FROMTHE
2CAR
EDGE OF PAVEMENT OF PRIVATE ALLEY.
GARAGE
5• ASPHALT PARKING PADS WILL BE BUILT WITH A
PARKING
MINIMUM DEPTH OF 28' FROM REAR PROPERTY
SPACES
UNES ADJACENT TO THE PRIVATE ROAD OR
ALLEY. EACH PARKING SPACE WILL HAVE
MINIMUM WIDTH OF 9'.
6. DRIVEWAY GRADES MUST BE B%OR FLATTER.
THE GRADE TRANSITION BETWEEN THE PRIVATE
ALLEY AND DRIVEWAY, BETWEEN THE DRIVE ANE
GARAGE OR PARKING PAD (OR ANYWHERE IN THE
SCENARIO q
SCENARIO 5
DRIVEWAY) SHALL NOT EXCEED 20% GRADE
DIFFERENCE.
r IN THE CASE WHERE THE PROPERTY LINE IS NOT:
FEET OR MORE FROM THE EDGE OF PAVEMENT
OR FACE OF CURB OF THE ALLEY, THE GARAGE
SHALL BE A MINIMUM OF 7 FEET FROM THE ALLEI
EDGE OF PAVEMENT OR FACE OF CURB.
FIGURE 5: GARAGE AND DRIVEWAY EXHIBIT
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2.6Green Space and Amenities
The Development will feature over 54 acres of Green Space. This Green space represents more
than 37%of the entire community's land area, and includes the Buffer areas, the trails, parks and
civic amenity areas, and general green space. The Green space will not only provide a linear trail
system throughout the community but shall also preserve environmentally sensitive areas such
as steep slopes and natural buffers. The Green space areas shall be located outside of private
lots and right-of-way. All Green space will be owned and maintained by the Homeowners
Association. Establishment of the buffers, trails, and amenities within the Green space shall be
the responsibility of the developer.
2.6.1 Green space
The proposed Green Space serves a dual purpose of both protecting the environmentally
sensitive areas of the site and providing pedestrian access and amenities throughout the
community. The Green space features primitive nature trails throughout the open areas and
buffer areas.
The areas outside of the actual improved areas in the Development and not depicted as either
the Buffer areas, Parks, or Trails shall be considered "Green Space'. Green Space includes some
of the more environmentally sensitive steep slope areas and provides a transition between the
proposed lot development and stream corridors. The proposed Green Space areas will
accommodate the stormwater management areas and site utilities and may be expanded during
the design phases to allow for additional area to accommodate utilities, stormwater
management, recreational areas, and erosion control measures as necessary for the
development.
2.6.2 Buffers
Buffers are part of the Green Space Area within the Development. There are (3) proposed Buffers to
be located on the Property, which are outlined below. Each of the buffers shall be established at the
time of development of the individual block that contains the buffer, or prior. If the buffers as shown
on the Application plan and described below are disturbed during construction (above what is
permitted), additional approvals for increases in square footage and/or dwelling units
(site/subdivision plans and/or building permits) will not be approved until the buffer is restored or
bonded. All buffers shall be measured from the property lines or edges of the public right-of-way.
Installation and maintenance of freestanding signage, pedestrian paths, and trails shall be allowable
disturbances within the buffer areas. Disturbances to the Buffer for required site distances for the
roadway access points as shown on the Application plan and utility connections shall also be allowed.
In addition, removal and replacement of trees within the buffer shall be allowed if the Director of
Community Development determines that the existing tree or trees create a substantial risk to
people or property. Proposed replacement plantings shall be selected from the County's Native
Plant Database. Buffers shall not be located within any private lot, and the buffer shall be owned and
maintained by the Homeowners Association.
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Table 10: Buffer Classifications
Buffer
Buffer Width
Description
Notes
Route 29
30 feet wide Buffer
Buffer along Route 29 to
1. 30' portion of the buffer may be disturbed for grading
Buffer
screen development from
within the development and shall be replanted with a
Entrance Corridor.
mixture of deciduous and evergreen shrubs and trees to
be approved by the Director of Planning.
2. (2) proposed road connection points within the Route 29
buffer —see Application plan.
Perimeter
30 feet wide Buffer
Natural undisturbed buffer
1. Any portion of the Perimeter Buffer that is not currently
Buffer
b/w the development and the
wooded shall be planted and screened with a mixture of
adjacent properties
deciduous and evergreen shrubs and trees to be
approved by the Director of Planning.
2. (2) proposed connection points within the perimeter
buffer — see Application plan for location.
Interstate 64
30 feet wide Buffer
Natural undisturbed buffer or
1. Any portion of the Interstate 64 Buffer that is not
Buffer
replanted/landscaped buffer
currently wooded or that is disturbed during the grading
between the development and
for the development or roadway improvements shall be
Interstate 64
planted and screened with a mixture of deciduous and
evergreen shrubs and trees to be approved by the
Director of Planning.
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a
s.
T
I5Ntt
OREENSPACE
'
�
PROPOSED TRAILWAY
PRESERVED SLOPES
O
��
MANAGED SLOPES
CRITICAL SLOPES
STORM WATER FACILITY
•
LIMITS OF BLOCK
JJ
J
Figure 6: GREEN SPACE AND TRAILWAYS
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2.6.3 Civic Spaces and Recreational Amenities
The Application Plan shows the approximate location of (3) Civic Spaces to be located within
the Development, which are in addition to the trailways and passive recreational spaces
provided along the streams within the Green Space areas. These spaces are designed to
provide recreational and civic amenities to the community. The Civic Spaces shall include some
combination of the following: parks, pocket parks, meeting areas, public plazas, and
recreational amenities for Property residents and visitors, as noted in Table 11. The Mixed Use
Civic Space is a public gathering area and all trail systems on the Property are open and
available to the public.
Table 11: Civic Space / Recreational Amenities
Civic Space
Minimum
Location
Notes
Area per
Civic space
Mixed Use
0.85 acres
Block 3
1. Outdoor plaza and meeting space
Center — Civic
within the mixed use center (minimum
Space #1
15,000 sf).
2. Green space grass area and pond
within the mixed use center for
gatherings and active outdoor play
(minimum 22,000 sf)
Upland Park &
0.69 acres
Block 5
1. Pool and Community Center building
Recreational
(minimum 10,000 sf pool + outdoor
Areas— Civic
pool deck area)
Space #2
2. Recreational play areas or residential
amenities (minimum 20,000 sf area)
Neighborhood
0.46 acres
Block 6
1. Outdoor plaza and meeting area
Park — Civic
2. Tot lot playground area (8,000 sf min.)
Space #3
3. Open recreational area
4. Hard surface play court such as a
basketball court, tennis court, or sport
court.
5. Minimum 5 spaces for trail parking.
Note: Additional trail parking available
in the Mixed Use Center.
6. Trail connections to the Property trail
network and future Hedgerow Park.
Note: All trails are open to the public.
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2.7Phasins
The land disturbance and grading for the Development will be determined during the site plan
review process. The site may be developed in one or multiple phases.
2.Ktormwater Management
All designs and engineering for improving the Property will adhere to the State Stormwater
Management regulations and Albemarle County Water Protection Ordinance. A master
stormwater management plan shall be completed and submitted to Albemarle County for review
and approval, prior to the approval of the first initial site plan or subdivision plat. Stormwater
management facilities shall be located outside of the buffer areas, development lots, preserved
slopes, trail areas, steam buffers, floodplain on the Property. Additional protective measures for
erosion and sediment control shall be installed along the limits of the trails to protect the
existing perennial streams on the Property. Additional measures may include, but not be limited
to, installation of silt fence with wiring backing along the stream buffers, usage of filter socks and
floc logs for protection measures along the stream buffers, providing additional wet and dry
storage area in basins below the disturbed areas, or installation of erosion control matting for all
slopes with the use of tackifiers in seeding and soil stabilization applications.
2.9Grading
The vision for the Development is to respect the existing topography and natural landscape,
when possible. An overlot grading plan shall be reviewed and approved in conjunction with the
master stormwater management plan for the development during or prior to the approval of the
first site plan or subdivision plat. Retaining walls will be required, due to the topographic
challenges of the Property. The final design of the retaining walls shall be included with the site
and subdivision development plans for the Development. The following standards shall apply to
retaining walls:
1. The maximum height for a single retaining wall shall be 6 feet. Retaining walls over 6 feet
in height, as measured from the top of the wall to finished grade at the bottom of the
wall, shall be allowed at the discretion of the Director of Community Development. The
overall retained height may exceed six feet with multiple stepped retaining walls.
2. Retaining walls greater than 600 feet in length shall be allowed at the discretion of the
Director of Community Development.
3. Landscaping shall be installed at the base and/or top of the retaining walls to integrate
the walls into the site and help reduce the massing.
4. Retaining walls visible from the public streets or civic areas shall be compatible with the
adjacent building architecture materials and/or colors.
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2.10 Transportation
2.10.1Street Network
In accordance with Albemarle County's Neighborhood Model for Development, the Development
is designed to facilitate multi -modal transportation, with an emphasis on pedestrian usage,
bicycling, and transit. These modes of transportation have been contemplated in the design of
the streets, streetscape, and transportation infrastructure within the community. The design of
the streets will comply with the Virginia Department of Transportation (VDOT) Standard Street
Requirements. Roadways shall include sidewalks and street trees in accordance with Albemarle
County regulations. Alleys shall be allowed within each block of the development and shall meet
the requirements of Albemarle County standards. Any alley providing access to a carriage unit
shall have a minimum clear travel lane width of 20 feet.
Table 12: Street Network Chart
Roadway
Travelway
Bike
Parking
Sidewalk
Speed
Notes
lanes
& Street
Limit
Trees
(max)
Neighborhood
2-way
No
Yes
Yes
25
1. Parking one side only to
Streets —Public
traffic w/
mph
maintain minimum
VDOT Roads
curb/gutter
Fire/Rescue travelway
Connector
2-way
Yes
No
Yes
30
1. Parking bump -outs between
Roads —Public
traffic w/
mph
bike lane and curb
VDOT Roads
curb &
2. Lots fronting on connector
gutter
road shall have driveway
access from an alley.
3. Optional landscape median
Private Streets-
2-way
No
Yes,
Yes
25
1. Sidewalk located adjacent to
Private streets,
traffic w/
parallel
mph
the Public amenity space.
Private
curb &
spaces
2. Street Trees located
travelways, &
gutter
along
adjacent to the Public
Private streets
private
Amenity space.
serving
streets &
3. Private Road to be
Amenity-
perpendic-
constructed to County/VDOT
Oriented Lots'
ular
Standards.
allowed
4. Only allowed as specified by
along
the Subdivision Ordinance or
travelways
Zoning Ordinance
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TYPICAL NEIGHBORHOOD
STREET PARRING ON ONE SIDE
(nata ale)
GS MPH DESIGN SPEED)
FIGURE 7: NEIGHBORHOOD STREET CROSS SECTION
OTYPICAL CONNECTOR ROAD
MPHDE51EED1
G5
IaMPNPO5TOEOII5PFED1
FIGURE 8: CONNECTOR ROAD CROSS SECTION
TMuzPP aNw Rlvare RoaD
E Vo11.'NzrFFn
FIGURE 9: PRIVATE STREET CROSS SECTION FOR AMENITY ORIENTED LOTS
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FIGURE 10: TRANSPORTATION PHASING EXHIBIT
2.10.2Pedestrian Network
The Development will feature an extensive pedestrian network, including sidewalks and trails, as
depicted on the Application Plan and as noted in this Code of Development. In addition to
providing recreational opportunities, the pedestrian network will provide routes for residents to
walk between areas of the site and to public places such as the parks, community areas, and the
neighborhood center. Sidewalks shall be constructed in accordance with VDOT and Albemarle
County standards, and will either be located within public access easements or public right-of-
way. The pedestrian network will also connect to the larger trail network of the Hedgerow
Property, Ragged Mountain and other City and County parks, providing a valuable amenity for
residents of a visitors to the site.
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2.10.3 Park and Ride & Transit Stop
A Park and Ride parking lot will be located conveniently within the Property for any commuters,
as shown conceptually on the application plan. The exact location of this feature and sizing will
be determined during the site plan review process but shall remain within Block 3. The
minimum size of the park and ride parking area will be 30 cars. The area may also serve as
parking for a trailhead to access the pedestrian pathways through the site. In addition, a transit
stop shall be provided within the vicinity of the park & ride area or within the vicinity of Block 3
for central access to the stop. The transit stop shall be constructed in accordance with County or
the transit service requirements.
2.10.4Traffic Improvements
All traffic improvements are identified in the Traffic Impact Analysis (TIA) report for the Property
and updated TIA supplemental reports.
2.11 Parking
All parking throughout the Development shall be provided in accordance with Section 18.4.12 of
the Albemarle County Code. Shared parking shall be allowed within the Regional Mixed Use
Center, in accordance with Section 4.12 of the Zoning Ordinance and as approved by the Zoning
Administrator. Parking lots shall be relegated and/or screened from the streets by buildings,
landscaping, walls, fences, or a combination of various practices. Screening may include
landscaping screening, shrubbery, fencing, decorative walls, or other vegetative screening
alternatives. All tree canopy landscaping requirements within the parking areas shall conform to
the landscaping standards as specified in the Albemarle County Zoning Ordinance Section 32.7.9.
All lots that include a carriage unit shall provide a minimum of (2) off-street parking spaces. See
Figure 5 of the Code of Development for parking and garage setbacks.
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Table 13: Relegated Parking Guidelines
Type of Relegated
Minimum Setback
Location
Notes
Parking
Parking as an
6' side and rear
Regional
1. Parking lot preferably located to the side or
Accessory Use
parking setback
Mixed Use and
rear of the primary structure, when
from r/w. Front
Urban Density
possible, and shall not extend past the front
setback established
areas
of the building
by the primary
2. Parking lots shall be screened from public
structure
r/w with evergreen shrubs or 4' max. height
opaque wall.
3. Walls or fences used to augment screening
shall be a minimum of 42" in height.
Parking as a
10' front parking
Regional
1. Parking lots shall be screened from public
Primary Use (Stand
setback from r/w.
Mixed -Use
r/w with continuous evergreen shrubs or 4'
along Parking)
6' side and rear
Center and
max. height opaque wall.
parking setback
Urban Density
2. Walls or fences used to augment screening
from r/w.
Areas
shall be a max. of 42" in height.
Front loaded
3' behind the front
Urban Density
1. Garages shall be stepped back from the
Garages
building face of the
Area
front of the residential homes for relegated
house or porch
parking.
2. See Figure 5 of the Code of Development
for setbacks from sidewalks and public
streets
2.12 Floodplain
A 100-year floodplain currently exists on the Property along the Route 29 frontage, according to
FEMA floodplain maps. The current floodplain mapping is not based on updated topography for
the Property. With the updated topography from the recently performed aerial survey, the
floodplain mapping for the Property will be updated. This process will require a FEMA floodplain
map revision or LOMR. In addition, with the proposed improvements Route 29 for the entrances
and entrance improvements may require a modification to the floodplain. This will also require a
FEMA floodplain map revision, or LOMR-F. Both map revisions will be processed through
Albemarle County and FEMA in conjunction with the development of the Property.
2.13 Trailways
The Development shall include a trailway network through the Green space area as shown on the
Application Plan and in Figure 5, connecting the areas of development throughout the property
and providing pedestrian connections to the Regional Mixed -Use Center. Trails will also provide
an access point that will connect to the Hedgerow Park property and future bike and pedestrian
trails it will include. The trails on the Property will be part of a much larger network connecting
miles of bike and commuter trails throughout Charlottesville and Albemarle County. All the
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trailways proposed within the Green space will be classified as primitive nature trails and will be
designed in accordance with the primitive nature trailway design specifications as outlined in the
Albemarle County Engineering Design manual. All trailway connections throughout the Property
shall be installed and completed with the development of the specific block. These trailway
connections to the Green space trail may be a primitive nature trail, a high maintenance stone
dust or gravel pedestrian path, or a low maintenance asphalt path. Trailways may be extended
into future blocks within the Development, but at a minimum, the network will follow in concept
what is shown on Figure 6.
2.14 Utilities
The developer is extending water and sanitary sewer utilities to the Property for the proposed
development. The utilities will cross Route 29 and route through the development blocks. In
addition, a water tank and booster pump shall be installed within Block 6 for the development.
This facility will be reviewed, approved, and accepted by VDH and ACSA. ACSA will own and
maintain the water tower and booster pumps to service the development.
A flow capacity certification will be requested from RWSA during the review and approval
process for each proposed phase of development. All proposed dwelling units shall be served by
gravity sewer laterals, connecting to the public sanitary sewer lines.
A utility master plan shall be submitted to the Albemarle County Service Authority for review and
approval, prior to the approval of the first initial site plan or subdivision plat.
3. Architectural and Landscape Standards
3.1 Architectural Standards
The standards provided in this Code of Development are intended to define the elements of
architecture that will ensure a high -quality development of varied styles that still complement
one another. An architectural review board will be established for the Development at the time
of the first subdivision plat approval and recordation of covenants and restrictions. All structures
will be subject to review by the Sieg Architectural Review Committee to ensure that conformity
with the architectural and landscaping guidelines is achieved.
Portions of the Development shall also be subject to review by the Albemarle County
Architectural Review Board, which has purview over the County's Entrance Corridors. Route 29
and Interstate 64 are considered Entrance Corridors; therefore, buildings and site development
within the Route 29 & Interstate 64 viewsheds and overlay districts shall be subject to review
under the Albemarle County Architectural Review Board Certificate of Appropriateness process.
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As specified in section 18-20A.5.g of the Albemarle County Zoning Ordinance, the following
standards are established for various elements of architecture and streetscapes. The
Architectural Review Committee may allow modifications or variances from the Architectural
Design Guidelines, as listed below. These modifications shall be made on a case -by -case basis.
Below are various standards intended to address the Architectural form, massing, proportions of
structures, and Architectural Styles for the development
1. Building facades shall include breaks across the fagade at a minimum of every 80 linear
feet to vary the form and features of the building. Building step backs, entrances,
windows, changes in building material, and other architectural elements all can be
utilized to achieve breaks within the building fagade.
2. Primary entrances for all non-residential buildings shall be located either on the front of
the building or side of the building facing the public right of way or civic Green space
area. Additional secondary entrances may be utilized in the rear of the buildings.
3. Parking shall be relegated and/or appropriately buffers, see Parking specifications with
the Code of Development, Section 2.9.
4. Building heights shall vary throughout the Development.
5. Porches or the front of single family detached houses shall face the public streets or
Green spaces. Porches may project up to 3 feet within the required front yard setback,
but in no case shall they be closer than 2 feet to any property line.
6. Architectural features and overhangs shall be permitted to project up to V within any
required yard setback.
3.2 Lighting Standards
All outdoor lighting throughout the Development shall be subject to the lighting regulations
found in Section 18-4.17 of the Albemarle County Zoning Ordinance.
3.3 Signage Standards
All signage within the Development shall conform to the Albemarle County Zoning Ordinance
Section 4.5.11.
3.4 Landscaping Standards
The standards provided in this Code of Development are intended to define the elements of the
landscaping, screening, and buffering for the project. All landscaping shall conform to the
landscaping standards as specified in the Albemarle County Zoning Ordinance Section 32.7.9.
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3.4.1 Street Trees
Street trees will be provided throughout the Development, in planting strips, as specified in the
transportation section of the Code of Development. The street trees shall be in accordance with
the approved VDOT street trees as outlined in the VDOT design manual and regulations. Spacing
of street trees shall be planted in accordance with Section 32.7.9 of the Albemarle County Code
for Landscaping and Screening requirements. Street trees along the new access road into the
development from Route 29 and along any other public streets within view from the entrance
corridor shall be subject to the approval of the Albemarle County Architectural Review Board and
shall meet the requirements outlined in the Architectural Review Board Design Guidelines. All
other landscaping shall be subject to Section 32.7.9 of the Albemarle County Code for
landscaping and screening requirements.
3.4.2 Buffer
See Code of Development Section 2.4.1 for design standards and requirements for exterior
landscaping buffers around the Development.
3.4.3 Tree Preservation Guidelines
Preservation measures shall be administered to trees within wooded areas to be maintained
within the Green space areas and Buffers as delineated in the Application Plan, with enhanced
preservation efforts directed toward trees with trunk diameters greater than 18 inches at breast
height. Tree preservation shall be in accordance with the Albemarle County Conservation Plan
Checklist and Tree Preservation & Protection, chapter 3.38 of the Virginia Erosion and Sediment
Control Handbook.
3.5 Streetscape Treatments
Within the Regional Mixed- Use Service Center district, a significant amount of street furniture,
signage, and lighting will be provided, including trash receptacles, benches and bicycle racks.
These amenities will foster a pedestrian -oriented streetscape. Bicycle racks will be located
throughout the Urban Density areas, as well as the civic spaces to promote alternative
transportation to these areas.
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4. Affordable Housing.
The Owner or its successors in interest reserve the right to meet the Affordable Housing
Requirement through a variety of housing types, including but not limited to, for -sale units or
rental units or payment of cash -in -lieu. A minimum of 15% of the total residential units will be
affordable as outlined below:
4.1 For -Sale Affordable Dwelling Units
The Owner may meet the Affordable Housing Requirement by constructing Affordable Dwelling
Units. For purposes of this section 4, "Affordable Dwelling Unit" shall mean any unit affordable
to households with incomes less than eighty percent (80%) of the area median income (as
determined from time to time by the Albemarle County Community Development Department)
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; provided,
however; that in no event shall the selling price for such affordable units be more than sixty-five
percent (65%) of the applicable Virginia Housing Development Authority (VHDA) maximum
sales price/loan limit for first-time homebuyer programs at the beginning of the 180-day period
referenced in requirement 1(A)(1) hereof (the "VHDA Limit"). The Owner shall impose by
contract the responsibility herein of constructing and selling the Affordable Dwelling Units to
any subsequent owner or developer of the Property (or any portion thereof). Such subsequent
owner(s) and/or developer(s) shall succeed to the obligations of the Owner under this section;
and the term "Owner" shall refer to such subsequent owner(s) and/or developer(s), as
applicable.
Role of County Community Development Department. All purchasers of the for- sale Affordable
Dwelling Units shall be approved by the Albemarle County Community Development
Department or its designee (the " Community Development Department"). At the proposed
time of construction of any Affordable Dwelling Unit, the Owner shall provide the Community
Development Department a period of one hundred eighty (180) days to identify and approve an
eligible purchaser for such affordable unit. The 180-day qualification period shall commence
upon written notice from the Owner to the Community Development Department of the
approximate date the Unit is expected to receive a certificate of occupancy from the County
(the "Notice"). Such Notice shall be given no more than ninety (90) days prior to the expected
issuance of the certificate of occupancy, and the 180-day approval period shall extend no less
than ninety (90) days after the issuance of the certificate of occupancy. Nothing in this
requirement shall prohibit the Community Development Department from providing the Owner
with information on income eligibility sufficient for the Owner to identify eligible purchasers of
Affordable Dwelling Units for approval by the Community Development Department. If, during
the 180-day qualification period, (i) the Community Development Department fails to approve a
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qualified purchaser, or (ii) a qualified purchaser fails to execute a purchase contract for an
Affordable Dwelling Unit, then, in either case, the Owner shall have the right to sell the Unit
without any restriction on sales price or income of the purchaser(s), and such unit shall be
counted toward the satisfaction of this requirement. This requirement shall apply only to the
first sale of each of the for -sale Affordable Dwelling Units. For the purposes of this requirement,
such Affordable Dwelling Units shall be deemed to have been provided when the subsequent
Owner/builder provides written notice to the Albemarle County Community Development
Department or its designee that the unit(s) will be available for sale.
Tracking. Each subdivision plat and site plan for land within the Property shall: i) designate the
lots or units, as applicable, that will constitute Affordable Dwelling Units within the Project and
ii) contain a running tally of the Affordable Dwelling Units either constructed or contributed for
under this section. The designated lots or units shown on the applicable subdivision plat or site
plan may not be shown as being constructed in a future phase.
4.2 For -Rent Affordable Dwelling Units.
Rental Rates. The net rent for each rental housing unit which will 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 periodically). 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. 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 Virginia Housing Development Authority, Farmers Home Administration,
or Housing and Urban Development, Section 8, whichever comes first (the "Affordable Term").
Conveyance of Interest. All deeds conveying any interest in the For -Rent Affordable Dwelling
Units during the Affordable Term shall contain language reciting that such unit is subject to the
terms of paragraph 113. 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 paragraph 113. 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.
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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 then- current Owner shall provide to
the Albemarle County Community Development Department 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 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.
4.3 Cash in Lieu of Constructing Affordable Dwelling Units.
In lieu of constructing For -Sale, or For -Rent Affordable Dwelling Units as described above, the
Owner has the option to make a cash contribution to Albemarle County for the affordable
housing program in the amount of Dollars ($ ) (the
"Affordable Housing Cash Payment") for each such unit as follows: the Owner shall exercise the
option to make, and thereby shall pay the Affordable Housing Cash Payment to the County, if the
Affordable Housing requirement has not been proportionally met otherwise, prior to the
issuance of a Certificate of Occupancy for each required Affordable Dwelling Unit.
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