ZMA202000005 Code of Development 2020-06-03CODE OF DEVELOPMENT
FOR
ZMA 2020-00005
OLD DOMINION VILLAGE
TMP 05600-00-00-067BO
1263 PARKVIEW DRIVE
TMP 05600-00-00-074AO
5258 THREE NOTCH'D ROAD
CURRENT ZONING
RURAL AREAS - RA
PROPOSED ZONING
NEIGHBORHOOD MODEL - NMD
DATE: May 18, 2020
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Code 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 and specific to tax map parcel 06100-00-00-154B0. This Code of Development establishes the unifying design guidelines, specific
regulations and block characteristics.
The COD also provides certainty about the permitted uses, locations and appearance of central features.
I. Table of Uses by Block (Section 20A.5a)
Public and private infrastructure is a permitted use in each block.
The table below establishes the permitted and prohibited uses by block.
"BR" = By -Right, "SP" = Special Permit, "N" = Not Permitted
Table A. Uses: By
Right, by Special
Permit,
and Not Permitted
BLOCK
BLOCK 1
BLOCK 1
BLOCK 2
BLOCK 3
BLOCK 4
BLOCK 5
BLOCK 6
BLOCK 7
BLOCK 8
BLOCK 9
BLOCK 10
Commercial
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Single Family
N
BR
BR
Detached
Single Family
N
BR
BR
BR
BR
BR
BR
BR
BR
Attached
Multifamily
N
N
N
N
N
N
N
N
N
N
N
Accessory Uses
Yes
Non- Residential
Veterinary Clinic
BR
Service
Stand-alone parking
BR
N
N
N
N
N
N
N
N
N
N
SWM facilities shown
Yes
Yes
Yes
Yes
Yes- SWM
Yes
Yes
Yes
Yes
Yes
Yes- SWM
on an approved final
facility
facility
site plan or
adjoining
adjoining
subdivision plat.
Notes to Table A:
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 "Future Land Use Plan and Transportation Network" Section of the Crozet Master
Plan adopted February 2, 2011, revised June 10, 2015. If no definition of the use is provided (Code of Development, Zoning
Ordinance, Comprehensive Plan) or if there is uncertainty as to whether such use is included in the uses listed in Table A, then
such use must be officially determined by the Zoning Administrator to be permitted in a particular Block.
2. Notwithstanding anything herein to the contrary, "Veterinary Clinic" as defined in the Zoning Ordinance shall bean allowable
retail/commercial use in Block 1.
3. Stand-alone parking shall be subject to screening regulations and other restrictions outlined in Section 4.12.
4. The Project must contain at least two housing types.
5. Home occupations will be permitted in all residential blocks.
6. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by -
right, a use not specifically permitted; provided that such use shall be similar to uses permitted by -right in general character and
more specifically, similar to uses permitted by -right in general character and more specifically, similar in terms of location
requirements, operational characteristics, visual impact and traffic generation.
II. Block Areas, Uses and Residential Density (Section 20A.5b and c)
Table B. Density, Housing Type and Non -Residential Use by Block
MAX
Approximate
MIN
MAX
Block
Permitted
MIN Non -
MAX Non -
Block Size
Dwelling
Dwelling
Gross
Housing Types
Residential
Residential SF
Units
Units
Density
SF
Block
Block 1
0.54 Acres
1
1
Commercial
Commercial
Block 1
0.51 Acres
12
14
14
Single Family
0
0
Residential
Attached
Block 2
0.58 Acres
14
16
16
Single Family
0
0
Residential
Attached
Block 3
0.68 Acres
15
17
17
Single Family
0
0
Residential
Attached
Block 4
0.37 Acres
2
4
4
Single Family
0
0
Residential
Detached
Block 5
0.21 Acres
4
6
6
Single Family
0
0
Residential
Attached
Block 6
0.52 Acres
13
15
15
Single Family
0
0
Residential
Attached
Block 7
0.53 Acres
14
16
16
Single Family
0
0
Residential
Attached
Block 8
0.45 Acres
11
13
13
Single Family
0
0
Residential
Attached
Block 9
0.54 Acres
11
13
13
Single Family
0
0
Residential
Attached
Block 10
1.47 Acres
10
12
12
Single Family
0
0
Residential
Detached
Residential
TOTAL
area
115
19.6 DUA
MF, SFD
5.86 Acres
The proposed development meets the future land use plan recommendations shown on the Urban Density Residential, Neighborhood
Density Residential as shown on the Crozet Future Land Use Plan.
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III. Amenities & Green Spaces (Section 20A.5d)
Table C. Minimum Amenities and Green Spaces
Green
BLOCK
Amenity
Space
Area
Amenity
MIN SF
Green
Amenity
MIN SF
Area %
Amenities
Space %
Green Space Elements
& Green Space %
Amenitv 1
0.15
0.6
Dog park
0.6
Amenity 2
0.32
1.3
Recreation space
1.3
Amenity 3
3.05
12.9
Recreation space
12.9
Amenity 4
0.82
3.5
Recreation space,
3.5
playground
Green Space
23.8
WPO Buffer - Only
23.8
1
passive recreation and
5.64
greenway trails will be
permitted in this area.
Green Space
1.4
Bioretention Basin
1.4
2
0.33
Conservation
13.9
Conservation
13.9
Area
3.30
TOTAL
4.34
18.3
9.27
39.1
57.4
Notes to Table C:
1. All recreational areas shall be private. There will not be any public recreation areas within this development.
2. Section 4.16 of the Zoning Ordinance shall apply to all recreational facilities and shall be assessed at the site plan stage of
development.
3. Signage shall be provided to prohibit vehicular traffic on the private street in Block 3, except for emergency vehicles; or, bollards
shall be installed.
IV. Architectural Standards and Landscape Treatment (Sections 20A.5g and h)
In addition to any architectural, landscape and site requirements illustrated or otherwise included in other sections of this application,
the Entrance Corridor Design guidelines of Section 30.6 shall also apply, which may require features and/or treatments over and above
those listed in this Code of Development. The front of the townhouses in Block 2 and 6 shall face Route 240.
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V. Lot & Building Height Regulation (Section 20A.i)
BLOCK 1
BLOCK 1
BLOCK 2
BLOCK 3
BLOCK 4
BLOCK 5
BLOCK 6
BLOCK 7
BLOCK 8
BLOCK 9
BLOCK 10
Commercial
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Building Height
Stories
1 Min. - 2
1 Min. - 3
1 Min. - 3
1 Min. - 3
1 Min. - 3
1 Min. - 3
1 Min. - 3
1 Min. - 3
1 Min. - 3
1 Min. - 3
1 Min. - 3
Max.
Max.
Max.
Max.
Max.
Max.
Max.
Max.
Max.
Max.
Max.
Height
25'
35'
35'
35'
35'
35'
35'
35'
35'
35'
35'
Setbacks
Front
0' Min. — 50'
15' Min. -
15' Min. -
5' Min. -
20' Min. -
5' Min. -
5' Min. -
5' Min. -
5' Min. -
5' Min. -
20' Min. -
Max.
25' Max.
25' Max.
10' Max.
40' Max.
10' Max.
10' Max.
10' Max.
10' Max.
10' Max.
40' Max.
Side
0' Min.-10'
5' Min. - 15'
5' Min. -
5' Min. -
10' Min. -
5' Min. -
5' Min. -
5' Min. -
5' Min. -
5' Min. -
10' Min. -
Max.
Max.
15' Max
10' Max
20' Max
10' Max
10' Max
10' Max
10' Max
10' Max
20' Max
Rear
0'
10' Min.
10' Min.
10' Min.
10' Min.
10' Min.
10' Min.
10' Min.
10' Min.
10' Min.
10' Min.
(No Max.)
(No Max.)
(No Max.)
(No Max.)
(No Max.)
(No Max.)
(No Max.)
(No Max.)
(No Max.)
(No Max.)
Other
Lot Size
(Min. or
None.
None.
None.
None.
None.
None.
None.
None.
None.
None.
None.
Max.)
Residential
14 Min. -
15 Min. -
2 Min. -
4 Min. -
13 Min. -
14 Min. -
11 Min. -
11 Min. -
10 Min. -
12 Min. —
Units
None.
16 Max.
17 Max.
4 Max.
6 Max.
15 Max.
16 Max.
13 Max.
13 Max.
12 Max.
14 Max.
Allowable
Commercial
Single
Single
Single
Single
Single
Single
Single
Single
Single
Single
Residential
Family
Family
Family
Family
Family
Family
Family
Family
Family
Family
Unit Type
Attached
Attached
Attached
Detached
Attached
Attached
Attached
Attached
Attached
Detached
Parking
MIN
10-15,
24 - 28,
28- 32,
30 - 34,
6-8,
8-12,
26 - 30,
28 - 32,
22 - 26,
22 - 26,
20 - 24,
Required
depending
depending
depending
depending
depending
depending
depending
depending
depending
depending
depending
(35 %
on size of
on unit
on unit
on unit
on unit
on unit
on unit
on unit
on unit
on unit
on unit
reduction)
the building
count etc.
count etc.
count etc.
count etc.
count etc.
count etc.
count etc.
count etc.
count etc.
count etc.
Total
Required
1 10-15
26
30
32
7
10
28
30
24
24
22
Notes to Table D:
1. Notwithstanding anything herein to the contrary, all non-residential uses shall be limited in height to one (2) story, or
twenty-five (25) feet. Such uses shall also be limited to a building footprint of six thousand (6,000) square feet.
2. Porches, eaves and awnings shall be considered part of the structure and may extend closer to the street than the required
setbacks.
3. The precise number of minimum required parking spaces shall be determined at the site plan phase of development
depending on density, types of residential units, and commercial uses pursuant to Section 4.12.6. Minimum parking
requirements may restrict some uses that historically require large amounts of parking. Multiple parking alternatives per
Section 4.12 of the Zoning Ordinance may be utilized during the site plan phase of development as determined by the
Zoning Administrator. Most all units will have off street parking with driveways and/or garage.
4. Minimum building separation shall be required per Section 4.11 of the Zoning Ordinance.
5. Any primary residential structures in Blocks shall face the internal roads.
6. Pursuant to Section 32.7.9.7, the parking areas along the southern boundaries of the subject property are required to be
screened. In addition to Section 32.7.9.7(b), the Applicant shall provide three different reasonable types of screening
options to each of the following groups, for each of the following locations, as follows:
a. For the screening in Block 1 at the south & eastern boundary of the Property, to
(1) Trees will be planted immediately adjacent to the Property line,
At minimum, street trees will be planted on each residential lot
Three Notch'd Road will be improved with curb and gutter, street trees and sidewalk.
7. Dumpsters and Dumpster Pads on the Property shall be screened pursuant to Section
4.12.19.
8. The Applicant shall be required to provide onsite treatment of 25% of the required stormwater treatment. Such techniques
of treatment shall include pervious pavers, micro bioretention, or other approved measures.
9. Transportation network, including vehicular, pedestrian and bicycle facilities will be served by private roads with street
trees and sidewalks on both side of the streets. No bike lanes are provided within the development. All internal streets
proposed as private and will be maintained by an HOA.
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VI. Supplementary Regulations — Residential Uses and Affordable Housing
1. 15% of the total residential dwelling units 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.
2. 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 (PITT) 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 (the "VHDA Limit"). 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
thirty (30) 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 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.
3. For -Rent Affordable Dwelling.
a. 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").
b. 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 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 ForRent 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.
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.
4. Trackiniz. 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 within each subdivision plat or site plan shall constitute a minimum of fifteen
percent (15%) of the lots or units in such subdivision plat or site plan, unless such subdivision plat or site plan does not
contain any residential uses. The Applicant, at the Applicant's option, may accelerate the provision of affordable units
ahead of the 15% Affordable Housing Requirement and shall be entitled to receive credit on future subdivision plat(s) or
site plan(s) for any such units provided beyond the 15% Affordable Housing Requirement.
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