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HomeMy WebLinkAbout20030319actionsACTIONS Board of Supervisors Meeting of March 19, 2003 March 24, 2003 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • Meeting was called to Order at 6:00 p.m., by the Chairman, Mr. Dorrier. All BOS members present, except Mr. Perkins. Also present were Bob Tucker, Larry Davis, Wayne Cilimberg and Ella Carey. 4. From the Public: Matters Not Listed on the Agenda. • Diantha McKeel, speaking as a private citizen and not representative of the School Board, said she does not think the County will be able to fund its programs if there is not a tax increase at some point, whether this year or next year. There needs to be some new income to support the police, fire and rescue, school system and do all the things this community wants because we are going from a rural county to an urban county. 5.2 Set public hearing on Albemarle County's Annual Plan for Administering Housing Choice Vouchers. • SET public hearing for May 7, 2003 on proposed Annual Plan. Clerk: Advertise public hearing. 5.3 Thomas Jefferson HOME Consortium Consolidated Plan, proposed use of funds. • DESIGNATED owner-occupied housing rehabilitation as the primary use of HOME funds for fiscal year beginning July 1, 2003, DESIGNATED the Albemarle Housing Improvement Program as the sub recipient of HOME funds, and SUPPORTED using HOME funds in a manner to maximize leverage of other public and private funds. Chief of Housing: Proceed as approved. 5.4 Request to participate in 2003-04 VDOT Revenue Sharing Program. • SUPPORTED the County's participation in VDOT's Revenue Sharing Program for FY 2003-04, requesting a total of $500,000 (to be matched with available County CIP funds) for Sunset Avenue improvements, AUTHORIZED Chairman to sign letter notifying VDOT of intent to participate in Program, and SUPPORTED the transfer of previously allocated Revenue Sharing funds ($300,000) for James River Road (Route 726) to Georgetown Road (Route 656). Planning staff: Proceed as approved. 6. To review proposed projects for Community Development Block Grant (CDBG) funding. Proposed activities include a Dry Well Replacement Program and development of a community service facility for the Whitewood Road area. • ADOPTED the attached resolution to apply for $375,100 in Community Development Block Grant funding from DHCD. Such funding would be secured by deed of trust on property to ensure that the community service facility is utilized as proposed for minimum of ten years with periodic reporting of activities and outcomes to the County's Office of Housing. Clerk: Forward resolution to Chief of Housing. (Attachment 1). Chief of Housing: Proceed as approved. 7. ZMA-2002-001. Fontaine Avenue Condos (Signs #77&81). • CONTINUED public hearing and DEFERRED ZMA-2002- Clerk: Schedule for April 16th agenda. 1 001, by a vote of 5:0, until April 16, 2003. 8. SP-2002-023. White Gables (Sign #56&57). • APPROVED SP-2002-023, by a vote of 5:0, subject to nine conditions. Clerk: Set out conditions of approval in Attachment 2. 9. SP-2002-071. Crown Orchard Company-Pinnacle Carter's Mountain. • APPROVED SP-2002-071, by a vote of 5:0, subject to seven conditions. Clerk: Set out conditions of approval in Attachment 2. 10. ZTA-2001-008. Neighborhood Model. • ADOPTED ZTA-2001-008, by a vote of 5:0, and APPROVED the preapplication process as recommended by staff. Clerk: Forward adopted ordinance to County Attorney's office for inclusion in next update of County Code. (Attachment 3) 11. From the Board: Matters Not Listed on the Agenda. • SCHEDULED for public hearing the real estate tax rate at $.76/$100 and the personal property tax rate at $4.28/$100. • CANCELLED the public hearing scheduled on March 26, 2003 on the Mountain Overlay District. Staff to bring back information on recommendations for a committee including staffing. Clerk: Advertise for public hearing. Planning staff: Provide information for April 2nd meeting. 12. Adjourn. • At 9:05 p.m., the meeting was adjourned until March 27, 2003 for a public workshop on the Route 29/Hydraulic/Route 250 Bypass Intersections Study. /ewc Attachment 1 - Resolution - Community Development Block Grant funding Attachment 2 - Planning Conditions of Approval Attachment 3 - ZTA-2001-008 Ordinance 2 Attachment 1 RESOLUTION WHEREAS, the County of Albemarle is committed to ensuring that safe, decent, affordable, and accessible housing is available for all residents; and WHEREAS, the County of Albemarle is committed to improving the livability of all neighborhoods and access to supportive services by residents; and WHEREAS, The County of Albemarle is committed to preserving, to the extent possible, all existing affordable housing stock and eliminating blighted conditions; and WHEREAS, pursuant to Public Hearings held January 8, 2003 and March 19, 2003 the County of Albemarle wishes to apply for $375,100 in Community Development Block Grant funds for a Community Service Facility Project for the Whitewood Village Apartments; and WHEREAS, other resources estimated in excess of $9,000,000 including, but not limited to, VHDA loans, Low- Income Housing Tax Credits, HOME funds, Federal Home Loan Bank, Virginia Housing Partnership Fund, the Albemarle Housing Initiative Fund, and funds leveraged by the Albemarle Housing Initiative Fund will be invested in the project; and WHEREAS, one hundred percent (100%) of the population residing at Whitewood Village Apartments is very-low and extremely-low income, all receiving rental assistance through project-based vouchers; and WHEREAS, the project-based contract expires March 31, 2003; and WHEREAS, the new owners have committed to improving the physical condition of the property and provide services to current and future tenants; and WHEREAS, the projected benefits of the project include ¾ Rehabilitation of 96 affordable rental units benefiting approximately 350 persons, one-third of whom are children; ¾ Construction of a community center; ¾ Provision of services to enhance the livability and improved self-sufficiency of the tenants. NOW, THEREFORE, BE IT RESOLVED that Robert W. Tucker, Jr., County Executive, is hereby authorized to sign and submit the appropriate documents for applying for this Virginia Community Development Block Grant application. 3 Attachment 2 CONDITIONS OF APPROVAL Agenda Item No. 8. SP-2002-023. White Gables (Sign #56&57). Public hearing on a request to allow development of maximum of 76 condominium dwelling units in accord w/Sec 23.2.2.9 of the Zoning Ord. TM 60, Ps 26&27A contains 7.097 acs. Loc on N sd of Ivy Rd (Rt 250 W) approx 1/4 ml W of intersec of Ivy Rd & Rt 29/250 By-pass. Znd CO & EC. Samuel Miller Dist. 1. The approved final site plan shall be in general accord with the Conceptual Plan (January 10, 2003 revision) (the "Conceptual Plan") and special permit justification dated April 22, 2002. Modifications to the design of the interior loop road, approved by the Director of Engineering and Public Works to accommodate fire trucks, shall be deemed to be in general accord with the Conceptual Plan; 2. As shown on the Conceptual Plan, no new structures shall be located in the front (southern) portion of the property. There shall be a minimum distance of two hundred fifteen (215) feet between the southern-most structure and the front (southern) property line; 3. The entrance road shown on the Conceptual Plan shall be constructed by the applicant to an urban road standard from its junction with Route 250 West to the interior loop, and shall include a sidewalk or other appropriate pedestrian path, constructed to a standard acceptable to the Departments of Planning and Community Development and Engineering and Public Works, along one side connecting the interior loop to the public sidewalk at Ivy Road; 4. All roads on the property connecting to adjacent properties as shown on the Conceptual Plan shall be constructed by the applicant to an urban section standard, with a minimum width of twenty (20) feet, final width to be determined at the time of final site plan approval by the Director of Engineering and Public Works. All roads connecting to adjacent properties shall include a sidewalk or other appropriate pedestrian path along one side, constructed to a standard acceptable to the Departments of Planning and Engineering and Public Works, providing a connection to the public sidewalk at Ivy Road; 5. Upon request by the County, an access easement shall be provided on the property for traffic from the Kappa Sigma property (Tax Map 60, Parcels 27 and 27B) across the White Gables property to its entrance at Ivy Road, as shown on the Conceptual Plan. This access shall be constructed by the applicant to the same standard as required in Condition 4; 6. Should a consolidated entrance be located at a point west of the White Gables property in the future, an access easement shall be provided on the property for traffic from the National Legal Research Group property (Tax Map 60, Parcel 25) across the White Gables property, and this access shall be reserved on the final subdivision plat/site plan. This access shall be constructed by the applicant to the same standard as required in Condition 4. In the event that such consolidated entrance is provided, either the Virginia Department of Transportation (“VDOT”) or the County’s Director of Engineering may require the applicant to close the existing entrance shown on the Conceptual Plan, convert it to a right in/right out only entrance/exit, or require that other modifications be made to the entrance; 7. Within each pavilion shown on the Conceptual Plan, the largest condominium unit shall be at least thirty (30) percent larger, based on floor area, than the smallest unit within the same pavilion; 8. The applicant shall comply with all requirements of the VDOT related to design and construction of the entrance to the property, as outlined in its letter of January 28, 2003 (Attachment H). The applicant shall be responsible for the cost of a traffic signal and its installation (the "signal") at the intersection of Route 250 West and an access point serving the property approved by VDOT and the County's Director of Engineering, as provided in this condition. Unless the signal already has been installed, the applicant shall pay to the County the cost of the signal as follows: (a) Prior to the issuance of a building permit for the fourth pavilion, the applicant shall place funds in escrow or provide other security (“security”) acceptable to the County in an amount equal to the cost of the signal (currently estimated to be $140,000), which amount shall be calculated in the year in which the security is provided. The security 4 shall continue so that it is available to pay for the cost of the signal until ten (10) years after the date of approval of this special use permit; security provided that is not in an interest-bearing account shall be annually renewed, and the amount of the security shall be adjusted each year according to the consumer price index; (b) If, at any time until ten (10) years after the date of approval of this special use permit, VDOT authorizes in writing the installation of the signal, and VDOT and the County's Director of Engineering approve the signal's installation before the applicant has obtained a building permit for the fourth pavilion, the County may demand payment of the cost of the traffic signal, and the applicant shall pay the cost to the County within thirty (30) days; and (c) The County may apply the applicant's security to construction of the access road or other elements of the future transportation improvement project other than the traffic signal. 9. The applicant shall provide bicycle facilities and walkways in conjunction with road improvements to Ivy Road as required by VDOT and the Department of Engineering and Public Works in conjunction with preliminary subdivision/site plan approval. _________________ Agenda Item No. 9. SP-2002-071. Crown Orchard Company-Pinnacle Carter's Mountain. Public hearing on a request to allow co-location of 2 add'l arrays of 6 antennas at between 60 and 70 ft on existing 205-foot tall tower, in accord w/Sec 10.2.2.6 of the Zoning Ord. TMap 91, P 28 contains 234.165 acs. Znd RA. Loc on Carter’s Mountain Trail, approx 1 ml S of intersec w/Thomas Jefferson Parkway (St Rt 53). Scottsville Dist. 1. The tower shall not be increased in height; 2. The two (2) additional arrays of panel antennas may be attached only as follows: a. The highest portions of the panel antennas in the top array shall not exceed seventy-six (76) feet above ground; b. The antennas shall not exceed seven (7) feet in height or two (2) feet in width, and shall be of a color that matches the tower. Only flush-mounted antennas shall be permitted; none of the antennas shall project from the structure beyond the minimum required by the mounting equipment, and in no case shall an antenna project more than twelve (12) inches from the existing structure; and c. The antennas subject to this approval may be replaced administratively, provided that the sizing, mounting distances and heights of the replacement antennas are in compliance with these conditions of approval and in accordance with the regulations set forth in Section 5.1.40 of the Zoning Ordinance. 3. All work shall be done in general accord with that described in the applicant’s request and site construction plans, entitled “Omnipoint Communications CAP Operations - Pinnacle Carter’s Mountain”, last revised on November 7, 2002; 4. With the exception of the safety lighting required by Federal Aviation Administration regulations, outdoor lighting shall be permitted only during maintenance periods; regardless of the lumens emitted, each outdoor luminaire that is not required for safety shall be fully shielded as required by Section 4.17 of the Zoning Ordinance; 5. The permittee shall submit a report to the Zoning administrator once per year, by not later than July 1 of that year. The report shall identify each user of the tower; 6. The tower and all supporting facilities shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless communications purposes is discontinued; and 7. No satellite or microwave dishes shall be permitted on the tower. 5 Attachment 3 ORDINANCE NO. 03-18(2) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, and Article IV, Procedure, of the Code of the County of Albemarle are amended and reordained as follows: By Amending: Sec. 3.1 Definitions Sec. 4.15.11 Regulations applicable in the PUD zoning district Sec. 7.0 Establishment of districts Sec. 8.1 Intent Sec. 8.2 Relation of planned development regulations to general zoning, subdivision or other regulations Sec. 8.3 Planned development defined Sec. 8.4 Where permitted Sec. 8.5 Procedures for PD applications Sec. 8.5.1 Applications, materials to be submitted Sec. 8.5.3 Preapplication conferences Sec. 8.5.4 Planning commission recommendations to the board of supervisors Sec. 8.5.5 Action by board of supervisors Sec. 8.5.6 Final site development plans and subdivision plats Sec. 8.5.6.1 Contents of site development plans: subdivision plats Sec. 8.5.6.2 Approval of site development plans: subdivision plats Sec. 8.5.6.3 Variations from approved application plans Sec. 8.5.6.4 Building permits, grading permits Sec. 8.5.6.5 Special provisions applicable to certain PD districts Sec. 33.4 Public notice Sec. 33.5 Report by planning commission to board of supervisors after hearing By Deleting: Sec. 8.5.2 Planning commission procedures By Adding: Sec. 8.6 Amendments to planned development districts Sec. 20A.1 Purpose and intent Sec. 20A.2 Status as a planned development district Sec. 20A.3 Application requirements; required documents and information Sec. 20A.4 General development plans Sec. 20A.5 Codes of development Sec. 20A.6 Permitted uses Sec. 20A.7 Residential density Sec. 20A.8 Mixture of uses Sec. 20A.9 Green spaces, amenities, conservation areas and preservation areas Sec. 20A.10 Streets 6 Chapter 18. Zoning Article I. General Provisions Sec. 3.1 Definitions Amenity: An area of activity designed principally for, and accessible to, persons residing or working within a development. Areas of activity may be either indoors or outdoors, including but not limited to swimming pools and tennis, volleyball and basketball courts. An outdoor area of activity may be a passive or an active area, including but not limited to playgrounds, pedestrian paths through natural areas, courtyards, and paved pedestrian areas for gathering. An indoor area of activity includes, but is not limited to gyms, weight rooms, indoor swimming pools, indoor basketball courts, and other indoor recreational areas. Amenities may be located in required green space and be included in both required green space and amenity calculations. Application plan: The graphic depiction of a proposed development containing the information required by section 8.5.1(d). Block: An area shown on an application plan or a general development plan that is typically surrounded by streets and within which land use activities occur. Although blocks usually imply a grid street system, where steep topography exists blocks may exist in non-rectilinear shapes. Code of development: The development standards for a neighborhood model district that include, but are not limited to, uses delineated at the block level, densities, maximum building heights, yards or build-to lines, and architectural and landscape treatments. Conservation area: An area identified on a plan submitted for approval which contains cultural assets or natural features such as non-tidal wetlands, floodplain, slopes identified in the open space element of the comprehensive plan, or streams and stream buffers, within which only limited disturbance or development is allowed. Uses allowed in conservation areas include, but are not limited to, utilities, greenways, pedestrian paths, streets, and stormwater management facilities, where, in the opinion of the director of engineering, no other location is reasonably available and when these improvements have the least impact possible on the environmental features of the area. General development plan: An application plan for a proposed development within the neighborhood model district, containing the information required by sections 8.5.1(d) and 20A.4. Green space: An area of land covered in grass or other vegetation or a water feature required by this chapter. Uses in green space may include, but are not limited to, stormwater areas, wooded slopes, graded and revegetated slopes of twenty-five percent (25%) to fifty percent (50%), required yards on both residential and non-residential lots, landscaped areas, landscaped islands in parking lots, and other land covered in vegetation. Where areas for amenities are vegetated, such as in parks and playgrounds, amenities shall be included in required green space calculations. Non-tidal wetland: A wetland, other than a tidal wetland, that is inundated or saturated by surface or groundwater at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions as defined by the United States Environmental Protection Agency pursuant to section 404 of the federal Clean Water Act, in 33 C.F.R. § 328.3(b). Preservation area: An area identified on a plan submitted for approval which contains natural features such as non-tidal wetlands, floodplain, streams and stream buffers that are to be preserved in a natural state and not be developed with any manmade feature. 7 Specimen tree: A tree in a mature form that approaches the optimum form and density characteristics for the particular species and variety. Article II. Basic Regulations Sec. 4.15.11 Regulations applicable in the PUD and NMD zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Planned Unit Development (PUD) and Neighborhood Model (NMD) zoning districts: Sign Type Number of Signs Allow ed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet Freestandin g 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 24 square feet, aggregated; if more than 1 sign, no single sign shall exceed 12 square feet 12 feet 5 feet Projecting 1 per street frontage 24 square feet 30 feet, but not to exceed the top of the fascia or mansard Not applicable Subdivision 2 per entrance per subdivision 24 square feet, aggregated, per entrance 6 feet 5 feet Temporary 1 per street frontage per establishment 24 square feet 12 feet, if freestanding sign; 20 feet, if residential wall sign or 30 feet if nonresidential wall sign, but not to exceed the top of the fascia or mansard 5 feet Wall As calculated pursuant to section 4.15.20 1 square foot per 1 linear foot of establishment structure frontage, not to exceed 32 square feet if residential wall sign, or 100 square feet if nonresidential wall sign 20 feet, if residential wall sign or 30 feet if nonresidential wall sign Same as that applicable to structure (12-10-80; 7-8-92, § 4.15.12.4; Ord. 01-18(3), 5-9-01; 03-18(2), 3-19-03) 8 State law reference – Va. Code § 15.2-2280. Article III. District Regulations Sec. 7 Establishment of districts For the purposes of this chapter, the unincorporated areas of Albemarle County are hereby divided into the following districts: Commercial District - C-1 Commercial Office - CO Heavy Industry - HI Highway Commercial - HC Light Industry - LI Overlay Districts: Airport Impact Area - AIA Flood Hazard - FH Natural Resource Extraction - NR Scenic Streams - SS (Amended 9-9-92) Entrance Corridor - EC (Added 10-3-90) Neighborhood Model - NMD Planned Development-Industrial Park - PD-IP Planned Development-Mixed Commercial - PD-MC Planned Development-Shopping Centers - PD-SC Planned Residential Development - PRD Planned Unit Development - PUD Residential - R-1 Residential - R-2 Residential - R-4 Residential - R-6 Residential - R-10 Residential - R-15 Rural Areas – RA Village Residential - VR Sec. 8 Planned development districts – generally Sec. 8.1 Intent The planned development districts are the Planned Residential Development (PRD), Planned Unit Development (PUD), Neighborhood Model (NMD), Planned Development – Mixed Commercial (PDMC), Planned Development – Shopping Centers (PDSC), and Planned Development – Industrial Park (PD-IP) zoning districts. Each of these districts is distinct in purpose; however, all are intended to provide for variety and flexibility in design necessary to implement the various goals and objectives set forth in the comprehensive plan. Through a planned development approach, the regulations in section 8 are intended to accomplish the goals and objectives of the comprehensive plan to a greater extent than the regulations of conventional districts. In addition, these regulations are intended to promote: economical and efficient land use through unified development; improved levels of amenities; appropriate and harmonious physical development; creative design; and a better environment than generally realized through conventional district regulations. In view of the substantial public advantages of planned development, these regulations are intended to encourage the planned development approach in areas appropriate in terms of location and character. Planned development districts shall be developed: to provide for the comfort and convenience of residents; to facilitate the protection of the character of surrounding neighborhoods; and to lessen traffic 9 impacts through a reasonably short travel time between origins and destinations of persons living, working, or visiting in such developments. Housing, commercial and service facilities, and places of employment shall be related either by physical proximity or by adequate street networks so as to promote these objectives. Sec. 8.2 Relation of planned development regulations to other zoning regulations The regulations in section 8 shall apply to the establishment and regulation of all planned development districts. If any regulation in section 8 or the specific planned development district conflicts with any regulation in sections 4, 5 or 32 of this chapter, an applicant may request that any requirement of sections 4, 5 and 32, or the planned development district regulations be waived or modified if it is found to be inconsistent with planned development design principles. The applicant shall submit its request in writing as part of the application, and shall demonstrate that the waiver or modification would not adversely affect the public health, safety or general welfare and, in the case of a requested modification, that the public purposes of the original regulation would be satisfied to at least an equivalent degree by the modification. Notwithstanding any regulation in sections 4, 5, or 32 establishing a procedure for considering a waiver or modification, any waiver or modification to a regulation applicable to a planned development shall be reviewed and considered as part of the application plan. Sec. 8.3 Planned development defined A planned development is a development that meets all of the following criteria: (1) the land is under unified control and will be planned and developed as a whole; (2) the development is in general accord with one or more approved application plans; and (3) the development will provide, operate and maintain common areas, facilities and improvements for some or all occupants of the development where these features are appropriate. Sec. 8.4 Where permitted A planned development districts may be established in any development area identified in the comprehensive plan, provided that its location is suitable for the character of the proposed uses and structures. Sec. 8.5 Procedures for planned development applications Sec. 8.5.1 Applications and documents to be submitted Each application for a planned development district shall be submitted as provided for other zoning map amendments. The documents required by subsections (a) through (e) below shall be submitted with the application. After the application is submitted, the director of planning and community development may request additional plans, maps, studies and reports such as, but not limited to, traffic impact analyses, identification of specimen trees, and reports identifying potential non-tidal wetlands which are deemed reasonably necessary to analyze the application: a. A regional context map at a scale of not less one (1) inch equal to one thousand (1000) feet showing topography at a maximum of ten (10) foot intervals, surrounding properties, improvements to those properties, surrounding public streets, private roads, and other thoroughfares; b. An accurate boundary survey of the tract or plan limit showing the location and type of boundary evidence; c. A map showing: 10 1. The following existing physical conditions: streams, wooded areas, potential non-tidal wetlands, slopes in excess of twenty-five (25) percent, historic structures and sites included in the records of the Virginia Department of Historic Resources, floodplain, and any identified features in the open space element of the comprehensive plan; 2. Existing topography accurately shown with a maximum of five (5) foot contour intervals at a scale of not less than one (1) inch equal to one hundred (100) feet; other interval and/or scale may be required or permitted by the director of planning and community development where topographic considerations warrant; 3. Existing roads, easements, and utilities; 4. The existing owners and zoning district; 5. The present use of adjoining tracts and the location of structures on adjoining parcels, if any; and 6. The existing location, type and size of ingress and egress to the site; d. An application plan based on a minimum of two (2) data references for elevations to be used on plans and profiles showing: 1. The areas to be designated as preservation areas, if appropriate, and areas to be designated as conservation areas, such as streams, wooded areas, specimen trees, non- tidal wetlands, and other significant environmental features; 2. The proposed grading/topography with a maximum of five (5) foot contour intervals; 3. The general location of proposed streets, alleys, sidewalks, and pedestrian paths; 4. Typical street cross-sections to show proportions, scale, and streetscape; 5. Connections to existing and proposed streets, as well as proposed thoroughfares shown on the comprehensive plan; 6. Trip generation figures; 7. The general lay-out for the water and sewer systems, conceptual stormwater management, and a conceptual mitigation plan; 8. The location of central features or major elements within the development essential to the design of the development, such as major employment areas, parking areas and structures, civic areas, parks, open space, green spaces, amenities and recreation areas; 9. A summary of land uses including dwelling types and densities, and the gross floor areas for commercial and industrial uses; 10. The general lot lay-out; and 11. Standards for development including proposed yards, building heights, open space characteristics, and any landscape or architectural characteristics related to scale, proportions, and massing at the edge of the district. Sec. 8.5.2 Preapplication conferences 11 Each applicant for a planned development shall attend a joint meeting with the planning, engineering, and zoning staff as well as other qualified officials from outside agencies such as the Virginia Department of Health, the Virginia Department of Transportation, and the Albemarle County Service Authority to review the application plan and the proposed development before the application is submitted. The purpose of the preapplication conference shall be to assist the applicant to assure that the application and the documents to be submitted with the application comply with all applicable regulations, and to identify as soon as possible conflicting regulations and necessary waivers or modifications. Each applicant is encouraged to use the preapplication conference process to develop an application for a planned development that, when submitted with its supporting documents, will be as complete and comprehensive as possible. Sec. 8.5.3 Review and recommendation by the planning commission Each application for a planned development shall be reviewed by the planning commission as follows: a. The commission shall consider and make its recommendation to the board of supervisors on each application for a planned development district as it does for other zoning map amendments. Within the time provided to make a recommendation, the commission may hold work sessions on the application and proceed to a public hearing after it determines that no further work sessions are necessary, or at any time the applicant requests a public hearing. b. In making its recommendation on the application to the board of supervisors, the commission shall make findings about the following: 1. The suitability of the tract for the proposed planned development in terms of: its relation to all applicable provisions of the comprehensive plan; physical characteristics of the land; and its relation to the surrounding area; 2. The relation of the proposed planned development to major roads, utilities, public facilities and services; 3. Each requested waiver or modification, including whether the requirements of section 8.2 are satisified. c. Depending on the findings it makes, the commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the board of supervisors, or disapproval. Sec. 8.5.4 Review and action by the board of supervisors The board of supervisors shall consider and act on each application for a planned development district as it does for other zoning map amendments. If the board approves the application, the approving action shall constitute approval of the application plan and all standards for development submitted by the applicant. The board’s action shall also identify which proffers it has accepted and which waivers or modifications it has granted. Once an application is approved, the application plan, all submitted standards for development, and all accepted proffers shall be included as part of the zoning regulations applicable to the planned development. Sec. 8.5.5 Final site plans and subdivision plats Sec. 8.5.5.1 Contents of site plans and subdivision plats 12 Each site plan and subdivision plat submitted for development in a planned development shall comply with the following: a. Generally. Each site plan for a planned development shall comply with section 32 of this chapter, subject to the waiver or modification of any such regulation pursuant to section 8.5.3(b)(3). Each subdivision plat for a planned development shall comply with Chapter 14 of the Code of Albemarle, subject to the waiver, variation or substitution of any such regulation pursuant to section 14-237. b. Within the neighborhood model zoning district. In addition to the requirements of paragraph (a), each site plan or subdivision plat for a planned development within the neighborhood model zoning district shall pertain to a minimum area of one block and shall include a phasing plan, and each site plan shall include building elevations for all new or modified structures. Sec. 8.5.5.2 Review of site plans and subdivision plats Each preliminary and final site plan or subdivision plat for a planned development shall be reviewed for compliance with the applicable regulations: (1) in effect at the time the lands were zoned to a planned development district; or, (2) at the option of the applicant, currently in effect. In addition, each preliminary and final site plan or subdivision plat for a planned development shall be reviewed for compliance with the following: a. The approved application plan, and the approved standards for development, the accepted proffers, and the authorized waivers or modifications and any conditions imposed therewith, if any; b. The permitted uses within the planned development zoning district, including all proffers, as determined by the zoning administrator after consultation with the director of planning and community development; in making this determination, the zoning administrator shall be guided by section 22.2.1 of this chapter; c. In addition to the foregoing, conformity with the application plan and the standards of development. Within each neighborhood model zoning district, the general development plan and the code of development, as determined by the director of planning and community development after consultation with the zoning administrator. Sec. 8.5.5.3 Variations from approved plans, codes, and standards of development The director of planning and community development may allow a site plan or subdivision plat for a planned development to vary from an approved application plan, standard of development and, also, in the case of a neighborhood model district, a general development plan or code of development, as provided herein: a. The director is authorized to grant a variation from the following provisions of an approved plan, code or standard: 1. Minor variations to yard requirements, maximum structure heights and minimum lot sizes; 2. Changes to the arrangement of buildings and uses shown on the plan, provided that the major elements shown on the plan and their relationships remain the same; 3. Changes to phasing plans; 4. Minor changes to landscape or architectural standards; and 5. Minor variations to street design. 13 b. The applicant shall submit a written request for a variation to the director; the request shall specify the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation; the director may reject a request that fails to include the required information. c. The director is authorized to grant a variation upon a determination that the variation: (1) is consistent with the goals and objectives of the comprehensive plan; (2) does not increase the approved development density or intensity of development; (3) does not adversely affect the timing and phasing of development of any other development in the zoning district; (4) does not require a special use permit; and (5) is in general accord with the purpose and intent of the approved application. d. Any variation not expressly provided for herein may be accomplished by rezoning. Sec. 8.5.5.4 Building permits and erosion and sediment control permits Building permits and erosion and sediment control permits may be issued as provided herein: a. A building permit, including any special footings or foundation permits, may be issued for any work within a planned development, excluding the installation of street signs, only after the approval of the final site plan or final subdivision plat in the area in which the permit would apply. b. An erosion and sediment control permit may be issued for site preparation grading associated with an approved planned development if an erosion and sediment control plan satisfactory to the director of engineering and public works has been submitted and reviewed in conjunction with the application plan, and the director of planning and community development determines the proposed grading is consistent with the approved application plan. In cases where the director finds that there is not enough detail on the approved application plan to assure consistency, no erosion and sediment control permit shall be issued until the final site plan is approved, or the final plat is tentatively approved. c. Within each neighborhood model district, the department of planning and community development shall review each building permit application or modification to determine whether the proposed structure conforms with the architectural and landscape standards in the approved code of development. Sec. 8.5.5.5 Site plan and subdivision plat requirements for planned development zoning districts established without an application or application plan If a planned development zoning district was established without an approved application plan as required by section 8, then neither a site plan nor a subdivision plat shall be approved for any lands within the district unless and until an application plan and all other documents required by section 8.5 are submitted by the owner and are approved as provided therein. If such a district was previously established in conjunction with an approved site plan the approved site plan shall be deemed to be the application plan, and the district shall be deemed to have complied with the requirements of section 8. In such a case, if the site plan or subdivision plat has expired, a new site plan or subdivision plat must be approved prior to any development activity. (Amended 7-16-86) Sec. 8.6 Amendments to planned development districts Each amendment to a planned development district shall be submitted and reviewed as provided in section 8. In addition, with each application to amend the area of the planned development district, or to amend the proffers, the application plan, the general development plan, or the code of development within an area that is less than the entire district, the applicant shall submit a map showing the entire 14 existing planned development district and identifying any area to be added to or deleted from the district, or identifying the area to which the amended proffers, application plan, general development plan, or code of development will apply. Section 20A Neighborhood Model -NMD Sec. 20A.1 Purpose and intent The purpose of the Neighborhood Model district (hereinafter referred to as the “NMD”) is to establish a planned development district in which traditional neighborhood development, as established in the county’s Neighborhood Model, will occur. The county’s Neighborhood Model was adopted as part of the comprehensive plan, and is hereinafter referred to as the “Neighborhood Model.” The regulations in section 20A encourage a development form and character that is different from conventional suburban development by providing the following characteristics: - Pedestrian orientation; - Neighborhood friendly streets and paths; - Interconnected streets and transportation networks; - Parks and open space as amenities; - Neighborhood centers; - Buildings and spaces of human scale; - Relegated parking; - Mixture of uses and use types; - Mixture of housing types and affordability; - Redevelopment; - Site planning that respects terrain; and - Clear boundaries with the rural areas. The NMD is intended to provide for compact, mixed-use developments with an urban scale, massing, density, and an infrastructure configuration that integrates diversified uses within close proximity to each other within the development areas identified in the comprehensive plan. The particular uses permitted within a particular district, as well as the character, form and density of the development, shall be derived from the comprehensive plan, including the land use plan for the applicable development area, the master plan for the applicable development area, and the Neighborhood Model. Density shall be achieved with careful attention to design, as articulated in the Neighborhood Model. These regulations are intended to provide an applicant with maximum flexibility in creating and implementing the general development plan and the code of development. Sec. 20A.2 Status as a planned development district An NMD is a planned development district within the meaning of section 8 of this chapter, subject to the following: a. As a planned development district, the standards for development shall be particular to the district and not be based on standards established for conventional zoning districts or the general standards for commercial or industrial districts in sections 21 and 26, respectively, of this chapter. The standards for development that are submitted by an applicant and approved by the board of supervisors for a particular NMD shall be the district’s code of development described in section 20A.5. 15 b. An application is not necessarily required to possess every characteristic of the Neighborhood Model delineated in section 20A.1 in order to be approved as an NMD. The size of the proposed district, its relationship to a larger neighborhood, or other similar factors may prevent the application from possessing every characteristic. c. An NMD shall have no minimum acreage requirement. Sec. 20A.3 Application requirements; required documents and information The following documents and information shall be submitted in addition to any other documents required to be submitted under section 8.5 of this chapter: a. A statement describing how the proposed NMD satisfies the intent of the zoning ordinance and is consistent with the applicable goals and objectives of the comprehensive plan, the land use plan, the master plan for the applicable development area, and the Neighborhood Model; if one or more characteristics of the Neighborhood Model delineated in section 20A.1 are missing from an application, the applicant shall justify why all of the characteristics cannot or should not be provided; b. A parking and loading needs study that demonstrates parking needs and requirements and includes strategies for dealing with these needs and requirements, including phasing plans, parking alternatives as provided in section 4.12.8 of this chapter, and transportation demand management strategies as provided in section 4.12.12 of this chapter. c. Strategies for establishing shared stormwater management facilities, off-site stormwater management facilities, and the proposed phasing of the establishment of stormwater management facilities. d. A general development plan, as provided in section 20A.4, including all information required by sections 8 or 20A to support any element of the plan. e. A code of development, as provided in section 20A.5, including all information required by sections 8 or 20A to support any element of the code. Sec. 20A.4 General development plans A general development plan shall serve as the application plan required by section 8.5.1(d) of this chapter. In addition to the application plan requirements of section 8.5.1(d), the following are required elements of the general development plan: a. The amount of gross square footage devoted to nonresidential uses and a residential equivalent, expressed as the product of the square feet per unit multiplied by the number of dwelling units proposed. If a residential equivalent is not provided by the applicant, it shall be the product of one thousand five hundred (1500) square feet multiplied by the number of dwelling units proposed. b. The general allocation of uses to each block in terms of residential, commercial, industrial, institutional, amenities, parks, recreational facilities open to the public, and any other use category proposed by the applicant and which complies with the requirements of section 20A.8. c. The location of proposed green spaces, amenities, conservation areas or preservation areas, as provided in section 20A.9. d. Building footprints or graphic representations of central features or major elements that are essential to the design of the development, shown at the block level. 16 Sec. 20A. 5 Codes of development A code of development shall establish the unifying design guidelines, the specific regulations for the district, and the use characteristics of each block; provide for certainty in the location of and appearance of central features, and the permitted uses in the district; and provide a flexible range of a mix of uses and densities. To satisfy these requirements, each code of development shall establish: a. The uses permitted in the district by right and by special use permit, as provided in section 20A.6. b. The amount of developed square footage proposed, delineated for the entire NMD and by block by use, amenity, streets and lot coverage. The developed square footage may be expressed as a proposed range of square footage. c. The maximum residential densities, as provided in section 20A.7, and the maximum number of residential units for individual residential land use categories and mixed-use categories, delineating at least two (2) housing types, as provided in section 20A.8. d. The amount of land area devoted to green space and amenities, as provided in section 20A.9. e. All requirements and restrictions associated with each use delineated in paragraph (a). f. All uses expressly prohibited in the district, so that they may not be considered to be uses accessory to a permitted use. g. Architectural and landscape standards that will apply in the NMD, which shall address the following: 1. The form, massing, and proportions of structures; 2. Architectural styles; 3. Materials, colors, and textures; 4. Roof form and pitch; 5. Architectural ornamentation; 6. Façade treatments, including window and door openings; 7. Landscape treatments; and 8. The preservation of historic structures, sites, and archeological sites identified by the Virginia Department of Historic Resources. h. Preliminary lot layout. i. For each block: 1. The range of uses permitted on the block by right and by special use permit; 2. All requirements and restrictions associated with each use delineated in paragraph (i)(1); 3. Build-to lines, which are the required distance from the right-of-way to a structure; 17 4. Minimum and maximum lot and yard dimensions; 5. Maximum building heights; 6. Sidewalk and pedestrian path locations; 7. Green space and amenities; 8. Conservation areas and preservation areas, if applicable; 9. Parking areas; 10. Civic spaces, which are public areas for community or civic activities (e.g., libraries and their associated yards, schools and places of worship); Sec. 20A.6 Permitted uses The following uses shall be permitted in an NMD, subject to the regulations in this section and section 8, the approved general development plan and code of development, and the accepted proffers: a. By right uses. The following uses are permitted by right: 1. Each use allowed by right or by special use permit in any other zoning district, except for those uses allowed only by special use permit delineated in subsection (b); provided that the use is identified in the approved code of development. 2. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformity with Chapter 16 of the Code of Albemarle and all other applicable law. 3. Accessory uses and buildings including storage buildings. 4. Home occupation, Class A, where the district includes residential uses. 5. Temporary construction uses. 6. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies, public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority. 7. Tourist lodgings, where the district includes residential uses. 8. Homes for developmentally disabled persons, where the district includes residential uses. b. By special use permit. The following uses are permitted by special use permit: 1. Drive-through windows serving or associated with permitted uses. 18 2. 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 a travelway. Sec. 20A.7 Residential density Residential density within each NMD shall be as follows: a. The gross residential density should be within the applicable recommended gross density range established in the land use element of the comprehensive plan. In its deliberations regarding the appropriate residential density for the district, the board of supervisors shall take into account the amount of land devoted to non-residential uses. b. The gross residential density shall be measured in dwelling units per acre and calculated by taking the gross acreage of the district divided by the proposed number of dwelling units in the proposed district. Sec. 20A.8 Mixture of uses There shall be a mixture of uses within each NMD as follows: a. Each district shall have at least two housing types; provided that this requirement may be waived by the board of supervisors if the district is an infill project or at least two (2) housing types are already present within one-quarter mile of the proposed district. The following are considered to be different housing types: (1) single family detached dwellings; (2) single family attached dwellings; (3) duplexes; (4) triplexes; (5) quadplexes; (6) townhouses; (7) multifamily dwellings; (8) accessory apartments; (9) manufactured housing; and (10) special needs housing such as assisted living facilities, group homes, and nursing homes. An “infill project” is a project in which a parcel is developed or redeveloped, where abutting or nearby parcels are already developed, and the project area is relatively small compared to the developed abutting or nearby parcels. b. Each district shall have at least two different general use classifications (i.e., residential, commercial, industrial, institutional, parks or recreational facilities open to the public); provided that this requirement may be waived by the board of supervisors if a different use is already present within one-quarter mile of the proposed district and accomplishes the mixture of uses within the neighborhood sought to be achieved by this section to an equivalent degree. c. The mixture of uses shall be based upon the uses recommended in the land use element of the comprehensive plan. The required mixture of uses may be obtained with different uses in different buildings or a mixture of uses within the same building. Sec. 20A.9 Green spaces, amenities, conservation areas and preservation areas Each NMD shall include the following: a. Green space. The minimum area devoted to green space is as follows: 1. For areas shown in the land use element of the comprehensive plan as neighborhood density residential, urban density residential, transitional, neighborhood service, community service, or office service, the area devoted to green space shall be at least twenty percent (20%) of the gross acreage of the site. 19 2. For areas shown in the land use element of the comprehensive plan as regional service, office regional or industrial service, the area devoted to green space shall be at least fifteen percent (15%) of the gross acreage of the site. 3. For areas having a land use designation not addressed in paragraphs (a)(1) and (a)(2), the recommendations of the applicable provisions of the comprehensive plan shall be guidance on the minimum area devoted to green space. 4. The minimum area devoted to green space may be reduced by the board of supervisors at the request of the applicant. In acting on a request, the board shall consider these factors: the relationship of the site to adjoining or nearby properties containing public green space such as parks or natural areas; the known future uses of the of the adjoining properties; and whether a reduction would better achieve the neighborhood model goals of the comprehensive plan. b. Amenities. The minimum area devoted to amenities is as follows: 1. For areas shown in the land use element of the comprehensive plan as neighborhood density residential, urban density residential, neighborhood service, and community service, the area devoted to amenities shall be at least twenty percent (20%) of the gross acreage of the site. 2. For areas shown in the land use element of the comprehensive plan as regional service, office service, office regional service or industrial service, the area devoted to amenities shall be at least ten percent (10%) of the gross acreage of the site. 3. For areas having a land use designation not addressed in paragraphs (b)(1) and (b)(2), the recommendations of the applicable provisions of the comprehensive plan shall be guidance on the minimum area devoted to amenities. 4. The minimum area devoted to amenities may be reduced by the board of supervisors at the request of the applicant. In acting on a request, the board shall consider these factors: the relationship of the site to adjoining or nearby properties containing amenities; the proportion of residential uses to nonresidential uses proposed; the known future uses of the of the adjoining properties; and whether a reduction would better achieve the neighborhood model goals of the comprehensive plan. c. Additional requirements for amenities. Amenities shall also be subject to the following: 1. At least ninety percent (90%) of the residential units in the NMD shall be within a one- quarter mile walk of an amenity. 2. The size, location, shape, slope and condition of the land shall be suitable for the proposed amenity. 3. The amenity shall be suitable for the specific population to be served. 4. The design of any recreational facilities shall meet the minimum design requirements from recognized sources of engineering and recreational standards. 5. In nonresidential areas of the development, amenities shall be located so that they are easily accessible to patrons and employees of the development. d. Green space within parks and recreational amenities. Any portion of an amenity that is covered in grass or other vegetation may be counted as both green space and an amenity. 20 21 e. Preservation areas within green space. Preservation areas that preserve environmental features shall be included as green space area. f. Conservation areas within green space. Conservation areas that maintain environmental features shall be included as green space area. Sec. 20A.10 Streets Each street within an NMD shall meet the street standards for a traditional neighborhood development established by the department of engineering and public works. Article IV. Procedure Sec. 33.4 Public hearing - notice The commission and the board of supervisors shall hold a public hearings on any such petition or resolution as provided by Virginia Code § 15.2-2285, after notice is provided as required by Virginia Code § 15.2-2204. If any portion of the affected property is within a planned development, then, in addition to the notice required by Virginia Code § 15.2-2204, notice shall be given to the owners, or their agents or the occupants, of each parcel within the planned development. The notice shall be given in the manner provided in Virginia Code § 15.2-2204 for notice to abutting properties. However, failure to give the additional notice provided in this paragraph to an owner, agent or occupant of any parcel within the planned development shall not invalidate any action by the commission or the board of supervisors affecting the planned development. Sec. 33.5 Report by planning commission to board of supervisors after hearing After the conclusion of the hearing provided for in this section, unless the proceedings are terminated as provided herein, the commission shall report to the board of supervisors its recommendation with respect to the proposed amendment. Failure of the commission to report to the board of supervisors within ninety (90) days after the first meeting of the commission following the date the proposed amendment has been referred to the commission shall be deemed approval by the commission. In acting favorably with respect to a proposed amendment initiated by the petition of a property owner or owners, the commission need not confine its recommendation to the proposed amendment as set forth in the petition, but may reduce or enlarge the extent of land that it recommends be rezoned or may recommend that land be rezoned to a different zoning classification than that petitioned for, if, the commission is of the opinion that such revision is in accord with public necessity, convenience, general welfare and good zoning practice and is in furtherance of the purposes of this ordinance and section; provided that before recommending an enlargement of the extent of land or a rezoning to a less restricted classification than was set forth in the petition, the commission shall hold a further hearing on the matter, pursuant to the requirements of Virginia Code § 15.2-2204 and section 33.4. No amendment to the zoning map shall be approved for a change in zoning classification different from that applied for and contained in the public notice of hearing nor for any land not included therein without referring said change to the commission for its review and recommendations and proceedings pursuant to this section and section 33.3; provided, however, that an amendment may be approved for only a portion of the area proposed for rezoning if the portion rezoned is accurately and sufficiently delimited in the approval action, or if a portion is reclassified pursuant to section 30.3.