Rio29 Form-Based Code Update (2025)

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Form-Based Codes are a type of zoning that focuses on the size, shape, and relationship of buildings to streets and sidewalks, rather than on land use. The Rio29 Form-Based Code was adopted into the County zoning ordinance as Section 20C in September 2021 as a method to achieve the vision of the Rio29 Small Area Plan: the creation of a vibrant, connected mixed-use community with enhanced public amenities.

At the time of adoption, it was anticipated that review of the first site development plans completed under the Rio29 Form-Based Code would identify necessary revisions to the ordinance. This has proven to be true. In response, the Board of Supervisors adopted a resolution in April 2024 to amend the Ordinance.

Albemarle County’s Community Development Department has teamed with form-based code consultants EPR, P.C., and Dover Kohl and Partners to complete revisions to the Form-Based Code. With the help of members of the development community, property owners, and other County departments, including Parks & Recreation, Facilities & Environmental Services, and Office of Housing, proposed revisions address identified gaps, clarify regulations, coordinate with partner department and agency requirements, and simplify the review process for developments opting into this Code. The Code’s format and language have also been updated to align with the new zoning ordinance format under the Zoning Ordinance Modernization effort, allowing for seamless integration of the Code into the new County Zoning Ordinance upon adoption. Corresponding updates to the Rio29 Small Area Plan will also be made to maintain consistency between planning documents.

Key Features of the Code

  • Optional: Properties can voluntarily opt into the Form-Based Code through the site plan approval process. 
  • Street-Centric Design: The code prioritizes the design of streets, including pedestrian and cyclist areas, and the relationship of buildings to streets over traditional use-based zoning. Movement throughout the district is enhanced through the development of an urban street grid and block structure, with six defined street types: 
    • Destination Streets: New pedestrian-focused commercial streets
    • Through Corridors (Route 29) 
    • Boulevards (Rio Road) 
    • Avenues (Berkmar and Hillsdale Drives) 
    • Local Streets: New neighborhood-scale streets (previously Local Streets (Core) and Local Streets (Flex/Edge)
    • Service Streets: Service roads, access roads, alleys, or pedestrian passages
  • Mixed-Use Ability: Encourages the vertical integration of residential and commercial uses, with ground-floor commercial space required along Destination Streets. 
  • Civic Space Requirements: Mandates a certain percentage of gross acreage be dedicated to public spaces, such as plazas, parks, and pedestrian passages. 
  • Urban Design Standards: Detailed regulations for building height (up to 7 stories depending on location), building placement relative to streets (build-to ranges), architectural features (fenestration, materials, screening), parking (reduced minimums, location restrictions), landscaping, and lighting.
  • Affordable Housing: Mandates the inclusion of affordable housing in new residential developments, consistent with the Housing Albemarle Policy.

Suggested Key Changes

Based on feedback from the consultants and members of the development community, the following key changes are suggested:

  • Character Areas: Moving the “Core” character area away from the Route 29/Rio Road intersection and into the centers of the four large quadrants, or superblocks, created by those roads. This concept is similar to the “Squares” design alternative presented in the Rio29 Small Area Plan.
  • Street-centric: Organizing requirements around street types instead of character areas to ensure a consistent experience along each street, instead of just within blocks.
  • Streets: Introducing Destination Streets within Core character areas to create compact centers of activity with economic and social hubs that prioritize pedestrians, support commercial vibrancy, and foster community interaction.
  • Formatting: Aligning the Code with the formatting, structure, and language standards established by the Zoning Ordinance Modernization effort, which is comprehensively updating the County’s zoning regulations. Each subsection within the Form-Based Code would begin with an "intent/purpose" section, followed by "applicability," with Agent-approved modifications and waivers at the end of each subsection. Special Exceptions granted by the Board of Supervisors would be grouped at the beginning of the document.
  • Flexibility: Allowing more Agent-approved modifications and waivers to requirements if specific criteria are met.

Opportunities for Community Feedback

Residents are encouraged to visit the Engage Albemarle website to learn more, ask questions, and share feedback on the draft ordinance. There are also opportunities to attend public meetings, tentatively scheduled for:

  • September 25 – Rio Community Advisory Committee (CAC) Meeting
  • November 18 – Planning Commission work session
  • December 10 – Board of Supervisors work session

Feedback will help refine proposed revisions that will be presented at work sessions with the Planning Commission and Board of Supervisors.

Form-Based Codes are a type of zoning that focuses on the size, shape, and relationship of buildings to streets and sidewalks, rather than on land use. The Rio29 Form-Based Code was adopted into the County zoning ordinance as Section 20C in September 2021 as a method to achieve the vision of the Rio29 Small Area Plan: the creation of a vibrant, connected mixed-use community with enhanced public amenities.

At the time of adoption, it was anticipated that review of the first site development plans completed under the Rio29 Form-Based Code would identify necessary revisions to the ordinance. This has proven to be true. In response, the Board of Supervisors adopted a resolution in April 2024 to amend the Ordinance.

Albemarle County’s Community Development Department has teamed with form-based code consultants EPR, P.C., and Dover Kohl and Partners to complete revisions to the Form-Based Code. With the help of members of the development community, property owners, and other County departments, including Parks & Recreation, Facilities & Environmental Services, and Office of Housing, proposed revisions address identified gaps, clarify regulations, coordinate with partner department and agency requirements, and simplify the review process for developments opting into this Code. The Code’s format and language have also been updated to align with the new zoning ordinance format under the Zoning Ordinance Modernization effort, allowing for seamless integration of the Code into the new County Zoning Ordinance upon adoption. Corresponding updates to the Rio29 Small Area Plan will also be made to maintain consistency between planning documents.

Key Features of the Code

  • Optional: Properties can voluntarily opt into the Form-Based Code through the site plan approval process. 
  • Street-Centric Design: The code prioritizes the design of streets, including pedestrian and cyclist areas, and the relationship of buildings to streets over traditional use-based zoning. Movement throughout the district is enhanced through the development of an urban street grid and block structure, with six defined street types: 
    • Destination Streets: New pedestrian-focused commercial streets
    • Through Corridors (Route 29) 
    • Boulevards (Rio Road) 
    • Avenues (Berkmar and Hillsdale Drives) 
    • Local Streets: New neighborhood-scale streets (previously Local Streets (Core) and Local Streets (Flex/Edge)
    • Service Streets: Service roads, access roads, alleys, or pedestrian passages
  • Mixed-Use Ability: Encourages the vertical integration of residential and commercial uses, with ground-floor commercial space required along Destination Streets. 
  • Civic Space Requirements: Mandates a certain percentage of gross acreage be dedicated to public spaces, such as plazas, parks, and pedestrian passages. 
  • Urban Design Standards: Detailed regulations for building height (up to 7 stories depending on location), building placement relative to streets (build-to ranges), architectural features (fenestration, materials, screening), parking (reduced minimums, location restrictions), landscaping, and lighting.
  • Affordable Housing: Mandates the inclusion of affordable housing in new residential developments, consistent with the Housing Albemarle Policy.

Suggested Key Changes

Based on feedback from the consultants and members of the development community, the following key changes are suggested:

  • Character Areas: Moving the “Core” character area away from the Route 29/Rio Road intersection and into the centers of the four large quadrants, or superblocks, created by those roads. This concept is similar to the “Squares” design alternative presented in the Rio29 Small Area Plan.
  • Street-centric: Organizing requirements around street types instead of character areas to ensure a consistent experience along each street, instead of just within blocks.
  • Streets: Introducing Destination Streets within Core character areas to create compact centers of activity with economic and social hubs that prioritize pedestrians, support commercial vibrancy, and foster community interaction.
  • Formatting: Aligning the Code with the formatting, structure, and language standards established by the Zoning Ordinance Modernization effort, which is comprehensively updating the County’s zoning regulations. Each subsection within the Form-Based Code would begin with an "intent/purpose" section, followed by "applicability," with Agent-approved modifications and waivers at the end of each subsection. Special Exceptions granted by the Board of Supervisors would be grouped at the beginning of the document.
  • Flexibility: Allowing more Agent-approved modifications and waivers to requirements if specific criteria are met.

Opportunities for Community Feedback

Residents are encouraged to visit the Engage Albemarle website to learn more, ask questions, and share feedback on the draft ordinance. There are also opportunities to attend public meetings, tentatively scheduled for:

  • September 25 – Rio Community Advisory Committee (CAC) Meeting
  • November 18 – Planning Commission work session
  • December 10 – Board of Supervisors work session

Feedback will help refine proposed revisions that will be presented at work sessions with the Planning Commission and Board of Supervisors.

Page last updated: 18 Sep 2025, 04:14 PM