§ 16-18R.008. Development controls.

See SPI-18 Mechanicsville: Development Controls Table for Bulk Limitations, Maximum Building Coverage, Public Space Requirements, and Minimum Open Space Requirements.

For purposes of this chapter, and notwithstanding the provisions of code section 16-29.001(24), mixed-use development is defined as any development which contains as principal uses both residential and non-residential uses on the same development site, and in which each of such uses constitute at least 20 percent of the total floor area, excluding accessory uses. When either the total non-residential or residential floor area of a development is less than 20 percent of the total floor area, minimum residential useable open space requirements (UOSR) or public space requirements (PSR) shall not apply to said floor area.

1.

Residential uses may utilize net lot area (NLA) or gross lot area (GLA) when calculating maximum permitted residential floor area, provided that useable open space requirements (UOSR) are calculated based on the same lot area.

2.

Affordable new sales housing units or rental housing units requirements:

a.

Affordable workforce housing bonus: All or portion of the non-residential floor area ratio (FAR) may be utilized for residential purposes as indicated in SPI-18 Mechanicsville: Development Controls Table, provided that 20 percent or more affordable sales or rental housing units are provided for that portion of residential units resulting from said utilization.

b.

The mix of affordable studio, one bedroom, two bedroom, and three bedroom units shall be proportionally similar to the percentage bedroom mix in the overall development. The size of each affordable unit shall not be smaller than the smallest unit for each unit type in the overall development. Said units shall be distributed evenly throughout the development and or building.

c.

Affordable workforce housing shall have the maximum price or maximum rent set forth for moderate income housing units as defined in Part 19, Chapter 1, section 19-1006.

d.

Affordable workforce housing requirements shall be in place for a minimum of 15 years from the date of issuance of the occupancy permit and shall include deed restrictions governing the value or rental rate placed on the affordable units.

e.

No housing unit associated with a development project for which bonus FAR calculations were applied shall be issued an occupancy permit until such time as documentation is provided to the bureau of buildings establishing that the affordable workforce housing requirements have been met and have been instituted as part of the warranty deed as an allowable exception to title for each affordable workforce unit that is a part of said development project.

3.

Minimum open space requirements. There are no total open space requirements (TOSR):

a.

For residential uses, including all residential components of mixed use developments:

i.

Open space requirements as indicated on Table I, "Land Use Intensity Ratios" shall be required for UOSR only, subject to additional requirements contained in subsection ii below for Subarea 10.

ii.

In Subarea 10, when a development spans public streets or contains non-contiguous parcels, credit for provided useable open space may be transferred offsite to parcels within the development, provided that:

1)

Both parcels are within SPI 18 Subarea 10; and

2)

Said open space is in excess of the minimum open space required for the donor parcel; and

3)

Said open space is constructed at the same time as the residential components to which it is credited.

b.

For nonresidential uses, including all non-residential components of mixed-use developments: Public Space requirements shall be as indicated in SPI-18 Mechanicsville: Development Controls Table. See section 16-28.012 for definitions and measurements. Required yards, sidewalks and supplemental zone widths that are constructed on private property may be counted towards this requirement. Such public space may include planted areas, fountains, community gardens, parks plazas, hardscape elements related to sidewalks and plazas, and similar features located on private property.

c.

For mixed-uses: The sum of minimum open space requirements specified in subsections a. and b. above for non-residential and residential shall be met.

d.

All buildings and structures built before 1950 shall have no Useable Open Space requirements or Public Space Requirements, provided that additions that increase the building footprint by more than ten percent of the pre-1950 footprint shall be subject to said requirements and that the entire development lot and floor area shall be used in determining these requirements.

e.

Residential balconies: Balconies for residential units, which are enclosed on not more than three sides, may be counted towards UOSR for a maximum depth of six feet.

4.

Yards and supplemental zones: shall be as indicated in SPI-18 Mechanicsville: Development Controls Table.

5.

For additional subarea requirements see SPI-18 Mechanicsville: Development Controls Table.

(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)