HomeMy WebLinkAbout2009-10-14
B OARD OF SUPERVISORS
T E N T A T I V E
OCTOBER 14, 2009
6:00 P.M. LAN E AUDITORIU M
C OUNTY OFFICE BUILDIN G
1. C all to Order.
2. Pledge of Allegiance.
3. Moment of Silenc e.
4. From the Board: Matters Not Listed on the Agenda.
5. From the Public: Matters Not Lis ted for Public Hearing on the Agenda.
6. Consent Agenda (on next sheet).
PUBLIC HEAR INGS:
7. To amend the Six Year Secondary R oad Priority List that was approved by the Board of Supervisors on
May 13, 2009. The proposed amendment w ill remove Dickerson Road (Rt. 606) and add Broomley Road
bridge over the Buckingham R oad railroad.
8. PROJECT: SP2008009. A nimal Wellness C enter. PROPOSED : Veterinary Clinic for small animals.
ZON ING CATEGORY/GENERAL USAGE: D CD Dow ntown Crozet Districtvariety of commercial uses
including office, retail, service, and civic uses ; residential uses if mixed use (up to 36 units /ac re); light
industrial uses by special use permit. SECTION : 20B.2.E.17 Veterinary offices and animal hospitals.
Veterinary office and hospital; 5.1.11 Commercial Kennel, Veterinary Servic e, Office Or Hospital, Animal
H ospital, Animal Shelter. COMPREH ENSIVE PLAN LAND USE/D ENSITY: Community of Crozet, CT5
N eighborhood Center in the C roz et Master Plan which allow s for a mix of us es and residential types at net
densities of up to 12 units per acre; up to 18 units per acre if in a mixed use setting and CT 1 Development
Area Preserve. ENTRANCE COR RID OR: Yes. LOC ATION : 1100 Crozet Avenue/Route 240, approx. 400
feet south of the intersection of Jarmans Gap R oad and Crozet Avenue. TAX MAP/PARC EL: 056A20100
00700. MAGISTERIAL DISTRICT: White Hall.
9. STA2008001. Rural Areas 2lot street standard; single point of access. Amend Sections 14207, Rural
s ubdivisions, 14224.1, Waiver of certain requirements by the agent, 14225.1, Waiver of certain
requirements by the planning commission, 14404, Lot location to allow acc ess from lot onto street or
s hared drivew ay, 14412, Standards for private streets only, and 14434, Completion of onsite
improvements required prior to plat approval, of Chapter 14, Subdivision of Land, of the Albemarle C ounty
C ode. This ordinance would amend Sec. 14207 by making rural subdivisions subject to Sec. 14404 if any
proposed lot would have less than five hundred (500) feet of frontage on a major rural street identified on the
map adopted as Appendix A to the Subdivision Ordinance; Sec s. 14224.1 and 14225.1 by transferring from
the planning c ommission to the subdivision agent the authority to grant waivers permitted under Secs. 14
404 and 14412; Sec. 14404 by requiring that a s ubdivision plat establish a single public or private access
into the subdivision from an exis ting public or private street, by requiring that the proposed street provide
s uch access for all lots within the subdivision, and by amending the procedure for waiving that requirement
and the criteria for approving a waiver; Sec. 14412 by establis hing new des ign standards for private streets
s erving 2 lots (by requiring that such streets not exceed a 16% grade over 50 feet, have a travelway at least
10 feet wide, and maintain a 10 foot by 14 foot unobstructed z one) and private s treets serv ing 3 to 5 lots in
the rural areas (by requiring that such streets not exceed a 16% grade over 50 feet, allowing s treets having
a grade of less than 7% to be gravel, and maintain a 10 foot by 14 foot unobstructed zone); Sec. 14434 by
deleting the exception for certain private streets from the requirement that all onsite improv ements be
c ompleted prior to approval of the final plat where surety in lieu of completion of the improv ements is not
authorized.
10. ZTA 2008002. Planned Developments and Neighborhood Model District. Amend the follow ing
s ections of C hapter 18, Zoning, of the Albemarle County Code: 3.1, Definitions, to amend and delete
s everal definitions ; 8.2, Relation of planned development regulations to other z oning regulations , to change
s ection heading, to clarify the regulations applicable to planned developments (“PD”), to require that waivers
and modifications be express ly granted, and to reorganize the section; 8.3, Planned development defined, to
revise the definition of “planned development”; 8.5.1, Applications and documents to be submitted, to revise
the standards and information acc ompanying an application to establish a PD district; 8.5.2, Preapplication
c onferences, to revise the parties in a preapplication conference; 8.5.3, Rev iew and recommendation by the
planning commiss ion, to revis e the matters considered by the planning commission in acting on an
application for a PD district; 8.5.4, Review and action by the board of supervis ors, to change section
heading and to c larify the documents applicable to a PD upon approval of the PD rezoning; 8.5.5, Final site
plans and subdivis ion plats, to change section heading; 8.5.5.1, Contents of s ite plans and subdivision
plats, to revise a c rossreference; 8.5.5.2, Rev iew of site plans and subdivis ion plats, to provide that when
s ubdivision plats and site plans are reviewed, they shall be review ed for compliance as follows : (a) if the PD
district was established on or before D ecember 10, 1980, the zoning and subdivision regulations currently in
effect apply unless vested rights are established; (b) if the PD district was es tablished after December 10,
1980, at the option of the dev eloper, the zoning and subdivision regulations in effect when the PD district
w as established or those currently in effect apply, provided that if the developer elects the former, six
delineated subjects of regulation are not so grandfathered and the developer must comply w ith current
regulations pertaining to thos e 6 subjects unless vested rights are established; to revise the zoning
administrator’s and director of planning’s rev iew for compliance and add the county engineer’s review, to
define “applicable regulations,” to declare the applicability of C hapter 17 of the County Code, and to declare
that vested rights are not impaired; 8.5.5.3, Variations from approved plans , c odes, and standards of
development, to revise the provisions of a plan, c ode or standard the director of planning may vary, and to
authorize the director to require that specified information be provided ; 8.5.5.4, Building permits and erosion
and sediment control permits, to revise referenc es to county officers and bodies and to clarify other clauses ;
8.5.5.5, Site plan and subdivis ion plat requirements for planned development zoning districts es tablished
w ithout an application or applic ation plan, to c hange the section heading and to clarify the proc edure and
requirements for reviewing a site plan or subdiv ision plat where there was no application plan when the PD
district was established; 8.6, Amendments to planned development districts , to revise and ex pand the
procedure to amend a PD dis tric t by establis hing requirements for who is an eligible applic ant, submitting a
map if the rezoning affects les s than the entire district, notice, and factors c ons idered during review ; 20A.3,
Application requirements; required documents and information, to change the reference from “general
development plan” to “application plan” and to provide circumstances when applicant may delay submitting
parking and loading needs study until site plan; 20A.4, General development plans, to change section
heading and the required elements of an application plan in a neighborhood model district (hereinafter,
N MD ”); 20A.5, C odes of dev elopment, to clarify that any substantive or procedural requirement of the
Zoning Ordinance applies in an NMD unless the subject matter is expressly addressed in the c ode of
development (hereinafter, the “code”), to expressly require that the code be in a form required or approved by
the director of planning, to change the required elements of a c ode, and to limit the applicable architectural
s tandards in preexisting codes to only the new required elements unless determined to be k ey features;
20A.6, Permitted uses, to change the referenc e from “general development plan” to “application plan” and to
allow a code to provide that any use allowed by right or by special use permit in any other zoning district be
a use allowed by special use permit in an NMD; 20A.7, Residential density, to correctly state the formula
for calculating residential dens ity in an NMD; 20A.9, Green spaces, amenities , conservation areas and
preservation areas, to change references from “site area” to the “area proposed to be rezoned” when
c alculating the areas of green s paces and amenities; and 20A.10, Streets, to change a referenc e from
“department of engineering and public works ” to the “department of community development.
11. From the Board: Matters Not Lis ted on the Agenda.
12. Adjourn to October 16, 2009, 9:00 a.m., Department of Forestry Building.
CON SENT AGEND A
FOR APPR OVAL:
6.1 Approval of Minutes.
6.2 FY 2010 Appropriation.
6.3 Voting Credentials for VACo Annual Busines s Meeting.
6.4 ZMA2006008. Berkmar Business Park; Applic ant request for 12month ex tension.
6.5 Cancel November 11, 2009 Board of Superv isors’ meeting.
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2010 Appropriation
SUBJECT/PR OPOSAL/REQUEST:
Approv al of Appropriation #2010038 for Emergency
Rescue N otification Sys tem
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis, Wiggans, and Letteri
LEGAL R EVIEW: Yes
AGENDA DA TE:
October 14, 2010
ACTION: INFORMATION:
CON SENT A GEND A:
A CTION: x INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
Virginia Code § 15.22507 provides that any locality may amend its budget to adjus t the aggregate amount to be
appropriated during the fis cal year as shown in the currently adopted budget; provided, however, any such
amendment w hich exceeds one percent of the total expenditures shown in the currently adopted budget must be
accomplished by first publishing a notice of a meeting and holding a public hearing before amending the budget. The
Code section applies to all C ounty funds , i.e., General Fund, Capital Funds, E911, School SelfSus taining, etc.
The total of the new requested FY 2010 appropriations, itemized below, is $171,000. A budget amendment public
hearing is not required bec ause the cumulative appropriations will not exceed one perc ent of the currently adopted
budget.
STRA TEGIC PLAN:
Goal 5: Develop a comprehensive funding strategy/plan to address the County’s growing needs.
DISCU SSION :
This request involves the approval of one (1) FY 2010 appropriation as follows:
One (1) appropriation (#2010038) totaling $171,000 reappropriating an unc ompleted local government project
from FY09;
A description of this request is provided in Attachment A.
RECOMMENDA TION S:
Staff recommends approv al of the budget amendment in the amount of $171,000.00 and the approval of
Appropriation #2010038
ATTAC HMENTS
A – Desc ription of Appropriations
Ret urn t o c ons ent agenda
Ret urn t o regular agenda
Attachment A
Appropriation #2010038
$ 171,000.00
R evenue Sourc e: Gen. Govt. CIP Fund Balance $ 171,000.00
This request reappropriates the costs related to the Fire/Rescue Emergency Radio Notification System, w hich was
uncompleted as of June 30, 2009. R eappropriation of funds supports the purchase of radio equipment (550
pager/radios) for a system currently being installed w hich is set to be online by the firs t of the year. D elaying the
purchas e w ill not allow for proper programming of the equipment and will ultimately impact the ability to go online.
Ret urn t o ex ec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Amendment to the FY2009/10 through 2014/15 Six
Year Secondary System Construction Program
SUBJECT/PR OPOSAL/REQUEST:
Public hearing to consider a proposed amendment to
the Six Year Secondary System Cons truction Program
to trans fer road paving funds to the Broomley R oad
(Rt. 677) R ailroad Bridge Project and to remove the
Dickerson Road Project (R t. 606) from the Program.
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis, Kamptner, Graham,
Benish, and W ade
LEGAL R EVIEW: Yes
AGENDA DA TE:
October 14, 2009
ACTION: X INFORMATION:
CON SENT A GEND A:
A CTION: INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
At its September 2, 2009 meeting, the Board directed staff to proceed with an amendment to the approved VDOT
Six Year Secondary System Construction Program (the “Program”) in order to trans fer unpaved secondary road
funds from the Dickerson Road Paving Project to the Broomley Road Railroad Bridge Improvement Project.
The es timated cost for the Dickerson R oad Paving Project and related bridge improvements is $11,600,000, of
which VDOT has allocated approximately $1.6 million in unpaved road funds to date. The County is not scheduled to
receive any additional paving funds over the next five years; therefore, the D ickerson Road Paving Project could not
move forw ard to cons truction in the foreseeable future.
The ex isting Broomley R oad bridge s tructure has a weight limit of eight tons and cannot be used by large emergency
vehicles. Replacing the bridge is the only means of providing a structure adequate to carry all emergency vehicles.
In order to amend the approved Program, the locality mus t hold a public hearing on the proposed Program
amendment, the Board must adopt a Resolution to approve the Program amendment, and staff must request that
VDOT amend the Program. The public hearing has been set for October 14, 2009. A draft resolution is attached for
the Board’s review prior to the public hearing (Attachment A).
STRA TEGIC PLAN:
Goal 3: Develop Policies and Infrastructure Improvements to Address the County’s Growing Needs.
DISCU SSION :
The Amendment to the VD OT Program:
The ac tual amendment to the VDOT Program w ould remove the Dick ers on Road Project from the Program and
would trans fer the $1.6 million in funds allocated for road paving from that Project to the Broomley Road Bridge
Improv ement Project.
Consistency with County Priority List of Road Improvements:
The proposed amendment to the VDOT Program is c ons istent with the County’s Priority List of Secondary
Improv ements and no amendment to the Priority List is necessary at this time. The C ounty’s Priority List was
approved on May 13, 2009. It identifies the Dickerson R oad Project (including road paving and bridge improvements)
as priority #23 and is c ons idered the highest priority road paving project due to its location within the Hollymead
Development Area. How ever, without additional unpaved road fund alloc ations, any future planned road paving
projects are unlikely to be completed in the near future.
The County‘s Priority Lis t also includes a priority list for bridge improvements. There are three bridge projects listed
ahead of the Broomley Road Bridge Improvement Projec t. The status of the three projects is:
Route 743, Advance Mills under construction
Route 708, Dry Bridge Road In VDOT’s Program to be cons tructed in FY13 with Federal Bridge funds
Route 616, Black Cat R oad In VDOT’s Program to be construc ted in FY15 with Federal Bridge funds
The es timated cost of the Broomley Road Bridge Improv ement Projec t, including roadway approac hes , is $4 million
to $5 million. VD OT s taff has indicated that additional w ork is needed to provide a more accurate es timate. VDOT’s
process is to establish a more detailed cost estimate during the project scoping that occurs after a project is placed
in the Program. If approv ed, the $1.6 million will only allow the Broomley Road Bridge Improvement Project to enter
the preliminary engineering phase. Federal bridge funds are estimated to be available to fund the cons truction of this
project in FY 2017.
Use of Road Paving Funds on Other Projects:
The Board of Supervisors has been informed that, pursuant to Virginia Code § 33.123.1:1, reallocation of road
paving funds to a nonpav ing project w ould result in an adjustment in future secondary fund allocations for unpaved
roads (See Attachment B). For each $250,000 or portion thereof removed from road paving projects and applied to
secondary construction projects under this provision, VDOT has indicated that the amount of the C ounty's
nonsurface treated roads used to distribute funds under this section in subsequent years will be reduc ed by one mile
or proportional part of one mile. The $1.6 million that is proposed to be reallocated represents approximately six
miles that would be reduced in subsequent years from the funding formula used by VDOT. VDOT requires that any
Board resolution supporting the proposed amendment must indicate that the Board fully understands that this
adjustment will occur (the attached draft resolution includes such language).
The monetary impact of reallocating the $1.6 million is impossible to determine at this time, since the amount of
future alloc ations is unk now n. However, VD OT estimates that the County could expect to receive about $150,000
less per six year period if funding were restored to prev ious funding levels. In current dollars, this would amount to
the reduction of about one average rural rustic project over the six year period.
BUDGET IMPACT:
There will be no budget impact other than a potential reduction in future VD OT unpaved secondary road funds.
RECOMMENDA TION S:
Staff recommends that the Board adopt the attached R esolution reques ting that VDOT amend the Albemarle County
Six Year Secondary System Construction Program to: 1) add the Broomley R oad Bridge Improvement Project; 2)
remove the D ickerson Road Project; and, 3) request that the Unpav ed Secondary Road Funds currently allocated by
VDOT for the Dickerson Road Project be added to the County’s Secondary System C onstruction Funds to be used
for the Broomley Road Bridge Improvement Project.
ATTAC HMENTS
A Resolution
B – Virginia State Code, § 33.123.1:1. U npaved secondary road fund c reated; alloc ations
Ret urn t o regular agenda
RESOLUTION
WHEREAS, on May 13, 2009, the A lbe ma rle County Board of Supe rvisors a pproved the County Priority
List of Se c ondary Roa d Improve ments for Fisc a l Y e ars 2009/10 through 2104/15 (the “Priority List”) and
authorize d the County Exe cutive to sign the VD OT Se conda ry Syste m Construc tion Progra m for A lbe ma rle
County (the “A lbe ma rle County V D OT Construction Program”); and
WHEREAS, the Priority List include d roa d improve me nts for State Route 606 (Dic ke rson Roa d)
be tw ee n Route 850 and Route 1575 w hic h would include re pla cing two bridge s a nd re construc ting a nd surfa ce
trea ting the existing nonhard surfa ce d roa d, a nd these improve ments a re ide ntifie d in the Albema rle County
V DOT Construction Program a s V D OT Proje ct N umbe rs 0606002296, 0606002297 and 0606002P75 (the
“Dic ke rson Road Proje c t”); and
WHEREAS, the D icke rson Roa d Proje ct is be ing funde d from the U npa ve d Sec onda ry Roa d Fund
provide d by Virginia Code § 33.123.1:1 but, to da te , only $1.6 million of the estimate d $11.6 million cost to ma ke
the improve me nts has be e n a lloca ted by VD OT; and
WHEREAS, the Boa rd ha s ide ntifie d a more urge nt nee d for a bridge replac e me nt projec t on Broomle y
Roa d, referre d to a s the Broomle y Roa d Railroad Bridge Improveme nt Proje ct (the “Broomle y Roa d Proje c t”)
be c ause the existing bridge has a n eight ton limit tha t re stricts its use by c e rtain e me rgenc y vehic les.
NOW, THER EFORE, be it hereby resolve d tha t the Boa rd of Supervisors requests that V DOT a me nd
the Albemarle County VDO T Construc tion Progra m to add the Broomle y Roa d Proje ct, a nd to re move the
D ickerson Roa d Projec t; a nd
BE IT FU RTHER R ESOLV ED tha t the Board re que sts tha t the Unpaved Se conda ry Road Funds
currently a lloc ate d by V DOT for the D icke rson Roa d Proje ct be a dde d to the County’s Se conda ry Syste m
Construc tion Funds to be use d for the Broomle y Roa d Proje ct as provide d by Virginia Code § 33.123.1:1(C); a nd
BE IT FU RTHER R ESOLV ED tha t the Board a cknowle dge s that, a s provide d by Virginia Code §
33.123.1:1(C), for ea c h $250,000 or portion thereof added to the County’s Se c onda ry Syste m Construc tion Funds,
the a mount of the County’s nonsurfa c e tre ate d roa ds use d to distribute Unpa ve d Se c ondary Roa d Funds in
subsequent ye ars shall be reduce d by one mile or proportiona l part of one mile; and
BE IT FU RTHER R ESOLV ED tha t the County Exec utive is a uthoriz ed to sign the VDOT
Construc tion Progra m tha t is a me nde d c onsiste nt w ith this resolution.
G o to next a tta c hment
Re turn to exe c summa ry
§ 33.123.1:1. U npaved s econdary road fund created; allocations.
A. Before funds are alloc ated for distribution for highway construction pursuant to § 33.123.1 B 1, B 2, and B 3, a
fund shall be established for the paving of nonsurface treated secondary roads whic h c arry fifty vehic les or more per
day. Suc h fund shall contain 5.67 percent of the total funds available for highway construction under § 33.123.1 B 1,
B 2, and B 3.
B. Suc h funds shall be dis tributed to counties in the sec ondary system based on the ratio of nonsurfac e treated
roads in each county c arrying fifty vehicles or more per day to the total number of suc h nonsurface treated roads in
the Commonw ealth.
C. The governing body of any county may have funds allocated to the county under this section added to the
county's secondary sys tem construction funds allocated pursuant to § 33.123.4. For each $250,000 or portion
thereof added to secondary construction funds under this provision, the amount of the county's nonsurface treated
roads used to distribute funds under this section in s ubs equent years s hall be reduc ed by one mile or proportional
part of one mile.
(1979, c. 84; 1985, c. 42.)
Ret urn t o ex ec summary
Augus t 27, 2009
Hillary Cook DVM
3276 Fox Mtn R oad
Crozet VA 22932
RE: SP200800009 A nimal Wellness C enter – H illary C ook
Tax Map 056A 2, Section 01, Parcel 7
Dear Ms. Cook:
The Albemarle County Planning Commission, at its meeting on August 18, 2009, by a v ote of 7:0 rec ommended
approval of the abovenoted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
1. Dev elopment of the use shall be in accord with the concept plan, entitled “Animal W ellness” prepared by TCS
Engineering Co., LLC and last revised July 14, 2009, as determined by the Director of Planning and the
Zoning Administrator. To be in c onformity with the plan, development shall reflect the following elements only
and all other elements of the plan may be modified during site plan review and approv al: entrance relocation,
general location of parking areas , and outside area for walking animals. Minor modifications to the plan which
do not conflict with the elements above may be made to ensure c ompliance with the Zoning Ordinance.
2. This spec ial use permit applies to the exis ting building and any new buildings for the veterinary use will
require a new s pec ial use permit.
3. No overnight boarding us e, other than for those animals under medical care shall take place at the veterinary
hos pital.
4. The building shall be soundproofed in accordance with Section 5.1.11(b) and airconditioned.
5. No outdoor exercis e area shall be permitted. How ever, walking of animals is permitted and shall be separated
from access by the public and limited to the area behind the building as identified in Attachment D.
6. Use shall not commence until the building is served by public sewer.
Request for modification of Section 5.1.11.bApproval
• By a vote of 7:0, the Planning Commis sion approved the modification of the minimum 200 foot setback
requirements with the condition that additional soundproofing around the existing window s be provided or for
new windows they provide for adequate sound dampening. (Condition #4 above)
Waiver to allow alternative location of parking areaApproval
• By a vote of 7:0, the Planning Commission approved the w aiver to allow alternative location of parking area,
provided that the parking is screened in acc ordance with the DC D requirements and rec ommendations of
the ARB.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receiv e public
comment at their meeting on September 9, 2009.
View PC s taf f report and attac hments
View PC minutes
Ret urn t o regular agenda
If you should have any questions or c omments regarding the above noted action, please do not hesitate to contact
me at (434) 2965832.
Sincerely,
Rebecca Ragsdale
Senior Planner
Planning D ivision
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Nam e: SP 2008009 Animal Wellness
Staff: Rebec ca Ragsdale
Planning Commission Public Hearing: August 18, 2009
Board of Supervisors Public Hearing: Not yet scheduled
Owners: 1100 Crozet Avenue, LLC (Gwendolyn/Henry Smith)Applicant: Animal Wellness
Acreage: 3.45 acres Special Use Permit: Veterinary Hos pital
TMP: 56A2107,
Location: 1100 Crozet Avenue
Existing Zoning and Byri ght use:
Downtown Crozet District (DCD)
Magisterial District: White Hall Conditions: Yes
Proposal: Reuse of an exis ting building for a v eterinary clinic Requested # of Dwelling Units: NA
DA: Community of Croz et
Com prehensive Plan Desi gnation: CT 5 Urban Center & CT 1
Preservation
Character of Property:
Previously residential, now vacant/s torage use
Use of Surrounding Properties:
office, res idential, and undev eloped
Factors Favorable:
1. The Land Use Plan is supportiv e of the vet use.
2. The vet will be a new bus iness located in Downtown Crozet
adaptively reusing a currently vacant building.
3. There will be no detrimental impac ts on s urrounding
properties.
Factors Unfavorable:
There are no unfavorable factors .
RECOMMENDATION: Staff recommends approv al with c onditions of the s pecial use permit request. Modifications t o regulations to
minimum setback s for veterinary clinics of Sec tion 5.1.11 and waiver of park ing location requirements of t he Downtown Croz et Distric t are
als o reques ted and rec ommended for approval.
STAFF PERSON: Rebecca Ragsdale
PLANNING COMMISSION DATE: August 18, 2009
BOARD OF SUPERVISORS DATE: Not yet scheduled
SP 2008009 Animal Wellness
PETITION:
PROJECT: SP 2008009 Animal Wellness Center
PROPOSED: Veterinary Clinic for small animals
ZONING CATEGORY/GENERAL USAGE: DCD Downtown Crozet Districtvariety of commercial uses including office, retail, service, and
civic uses; residential uses if mixed use (up to 36 units/acre); light industrial uses by special use permit.
SECTION: 20B.2.E.17 Veterinary offices and animal hospitals.
Veterinary office and hospital; 5.1.11 Commercial Kennel, Veterinary Service, Office Or Hospital, Animal
Hospital, Animal Shelter
COMPREHENSIVE PLAN LAND USE/DENSITY: Community of Crozet, CT5 Neighborhood Center in the Crozet Master Plan
which allows for a mix of uses and residential types at net densities of up to 12 units per acre; up to 18 units per acre if in a mixed
use setting and CT 1 Development Area Preserve.
ENTRANCE CORRIDOR: Yes
LOCATION: 1100 Crozet Avenue/Route 240, approx. 400 feet south of the intersection of Jarmans Gap Road and Crozet Avenue
TAX MAP/PARCEL: 056A2010000700
MAGISTERIAL DISTRICT: White Hall
CHARACTER OF THE AREA
The veterinary hospital is proposed within an exis ting onestory building, previously us ed as apartments , t hat dates t o 1950. The
parcel is about 3.4 acres, is zoned Downtown Crozet District (DCD) and is designated CT 5 and CT 1 in the Crozet Master Plan on
the edge of Downtown. The building is set back from Crozet Av enue with driveway, parking, and trees in front. The bac k half of the
property is mostly undevelopable. Powell’s Creek forms the wes tern boundary of the property with stream buffers and there is als o a
drainage way that runs behind the existing building, which is included in the County’s s tormwater project for Downtown. The adjoining
property to the north is also zoned DCD and hous e on that property is used for as off ices. The properties adjoining to the s outh, east
and west are z oned R2 Residential. The property to the s outh will be purchas ed and used for the County ’s stormwater project.
Properties to the eas t and wes t are us ed for residences . (Attachments AAerial, Attachment BZoning, Attachment CCrozet Master
Plan)
SPECIFICS OF THE PROPOSAL
The applicant is propos ing a v eterinary clinic within the exis ting 24’x100’ struc ture. The applicant has indic ated that there will be
minimal outdoor activity , with occ asional dog walking but no other outdoor ac tivities or kennels. There will be no boarding services
provided, except for thos e animals at the vet for treatment. The expected number of employees will be 68, and there may be
additional interns or summer employees. A proposed floor plan is provided as Attachment D. With reuse of the property, VDOT
requires a relocated entrance and parking is needed which necessitates a s ite plan. The applic ant is als o reques ting a modification
from the DCD requirements for the location of park ing, s ince it will not be relegated. Since this is reus e of an exiting building with
limited sit e improv ements, the special use permit review is limited to impac ts of the v eterinary clinics land use, whic h is only
permitted by special us e permit in the DCD district (Conc ept Plan is provided as Attac hment E)
PLANNING AND ZONING HISTORY
The property was zoned R2 Residential prior to 1980 when it was z oned C1 Commerc ial. The property was rezoned to Downtown
Crozet Dis tric t (DCD) by the County on J une 11, 2008. The property could develop byright with a range of commerc ial uses or mix ed
us e under the DCD district.
CONFORMITY WITH THE COMPREHENSIVE PLAN
Croz et Master Plan
Staff believes that this propos al is in keeping with the mas ter plan goals f or Downtown. The property is des ignated CT 5 Urban Center and CT1
Dev elopment Area Pres erv e. The range of land uses recommended for CT 5 is open, including retail, s erv ices, office, and res idential us es, s o
veterinary clinic s would be a commercial us e c ons istent with that land use designation. The Mas ter Plan also rec ommends Development Area
Preserve CT1 (natural area greenway ) on the parcel. (see inset s below) The CT1 (green) area running through the middle of the property is
intended to represent preservat ion of the drainage c hannel that runs behind the building propos ed for redevelopment. The Green Infrastructure
Plan als o sugges ts a future greenway connection (white line on Green Infrastruc ture map below) running along the rear property line. The
County has not begun discussions with the applicant regarding the future greenway as efforts have been f oc used on work ing with the applicant
to ac complish the County Stormwater project, whic h would impact portions of the front of this property , as well as along the drainage channel
behind the building, with needed easements .
Crozet Mas ter Plan PlaceType & Built Infras tructure Map Green I nfras tructure Map
Neighborhood Model
A full analysis of the Neighborhood Model has not been done bec aus e of t he low level of c hange proposed for the sit e. The relevant principles
are redevelopment, relegated park ing and pedestrian orientation. The special us e permit request is for a veterinary use within an exis ting
building and site development c hanges to acc ommodate reuse of the building include relocation of the ent rance drive, park ing, and
landsc aping. The existing building predates z oning and the neighborhood model. Until or unless a new building is construc ted which would be
closer to Crozet Av enue and given the env ironmental features on the site, it is not possible to relegate parking. This is dis cus sed further under
the DCD waiv er request for park ing location below. The Downtown Crozet District also requires a sidewalk and street tres s, whic h would
provide for pedes trian orientation/neighborhood friendly s treets and paths. Staff notes that this propos al will provide redevelopment in
Downtown Crozet.
STAFF COMMENT
Staff will address each provis ion of Sec tion 31.2.4.1 of the Zoning Ordinance as follows :
31.2.4.1: Special Use Perm its provided for in this ordinance may be issued upon a finding by the Board of Supervisors that
such use will not be of substantial detriment to adjacent property,
There is no expected detriment to adjoining properties. The supplemental regulations in Section 5.1.11 of t he Zoning Ordinance
dis cus sed below address potential impact s unique to a veterinary use, such as noise affec ting nearby res idential properties or
compatibility with other adjac ent c ommercial uses .
that the character of the district will not be changed thereby and
This proposal is for reuse of an existing struc ture and a relocat ion of a new driveway to meet VDOT s tandards . The property is
loc ated along an Entranc e Corridor (Route 240/Croz et Avenue) and within the potential Crozet His toric Dis trict. Adv isory staff
comments have been provided regarding the proposal from ARB staff. This property forms a portion of the southern boundary of the
potential Crozet Hist oric Dis tric t. As suc h it forms the entranc e to the his toric district from the south on Crozet Av enue. The distric t
has been determined eligible for listing in the National Register of Historic Plac es, and this property is cons idered a contributing
resource to that dis trict. The ones tory masonry struc ture was constructed as an apartment building c a. 1950. The property currently
retains a residential charac ter. Retaining the exis ting drive would hav e less impac t on the site in general and on the wooded area in
partic ular and was recommended ins tead of creating a new drive to reduce impac ts to the Entranc e Corridor and the his toric district.
However, the relocated driveway is needed to meet sight distanc e and provide for a safe entrance /ex it to the property. To mitigate
impac ts to the Entranc e Corridor from the new driv e, new planting will be required along the frontage and in the disturbed areas.
Entrance Corridor guidelines and recommendations from the Crozet Historic Resources study will be c ons idered during the rev iew of
the planting proposal, at the time a s ite plan is submitted. The planting will be ex pec ted to maintain the residential character of the
site and to sc reen the view of the parking from the road.
that such use will be in harm ony with the purpose and intent of this ordinance,
The DCD Zoning District was established to facilitate traditional downtown development, as des cribed for t he CT6 Urban Core and CT5 Urban
Center transec ts in t he Crozet mas ter plan. To thes e ends, the DCD provides for flexibility and v ariety of development for retail, servic e, and
civ ic uses with light industrial and residential uses as sec ondary uses . The regulations for the DCD are intended to promote a development
form and charac ter that is different from typic al s uburban dev elopment allowed by conv entional z oning, and are also intended to: (i) promote
the economic and social vitality and divers ity of downtown Crozet; (ii) implement the Crozet master plan for the downtown area of Crozet so
that it may s erv e as the commercial hub of Croz et and its environs; (iii) provide a greater mix of uses in downtown Crozet, including inc reased
employment; (iv) facilitate infill and redevelopment; (v) increas e the utility of the land; (vi) retain the uniquely div ers e charac ter of Crozet; and
(v ii) promote a pedestrianfriendly env ironment.
The proposed vet at this loc ation is c ons istent with this district in that it provides for reuse of the site in a manner that adds to the mix of uses
in Downtown and a contributing s tructure to the potential historic dis tric t is being adaptively reused.
with uses permitted byright in the district,
Veterinary uses are by special us e permit so that any c onflicts with other uses in the district can be considered. Supplemental
regulations ens ure that noise and other potential impacts are addressed s o there is on conflict with other byright uses. The v eterinary
clinic will us e the ent ire building on the property so there would be no conflicts with other byright uses on the site.
with the additional regulations provided in section 5.0 of this ordinance,
Sec tion 5.1.11 is applicable to t he proposed v et use and eac h regulation is addres sed below.
a. Except where animals are confined in soundproofed, airconditioned buildings, no structure or area occupied by animals shall be
closer than five hundred (500) feet to any agricultural or residential lot line. For nonsoundproofed animal confinements, an external
solid fence not less than six (6) feet in height shall be located within fifty (50) feet of the animal confinement and shall be composed
of concrete block, brick, or other material approved by the zoning administrator; (Amended 111589)
Animals will be confined to the building while rec eiving treatment at the veterinary clinic.
b. For soundproofed confinements, no such structure shall be located closer than two hundred (200) feet to any agricultural or
residential lot line. For soundproofed confinements, noise measured at the nearest agricultural or residential property line shall not
exceed fiftyfive (55) decibels; (Amended 111589; 61400)
A request from the applicant has been made to modify this requirement.
The building in which the veterinary use would be located is less than 200 feet from t he adjoining R1 Residential lot line to the south and is
approximately 50’ from that property line. The Count y is under negotiations to purchase that property for the Crozet Stormwater Project and it is
not antic ipated to develop with residential uses . The applic ant has also submitted an engineer’s report confirming that the building is
soundproofed, but that if the room with a window is us ed for treatment, additional s oundproofing may be needed as a precaution. Staff
recommends approv al of this modification, provided that additional s oundproofing around the ex isting windows is provided, or for new window,
adequate s ound dampening is provided. The applicant has indicated they intend to replace all windows, which would prov ide additional sound
dampening.
c. In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m.
(Amended 111589; 61400)
The applicant has indicated that this requirement will be met based on propos ed bus iness hours , by appointment, between 7:30a.m. and
6:00p.m. There would be no out door activity outs ide these hours.
d. In areas where such uses may be in proximity to other uses involving intensive activity such as shopping centers or other urban
density locations, special attention is required to protect the public health and welfare. To these ends the commission and board may
require among other things: (Amended 111589)
Separate building entrance and exit to avoid animal conflicts;
(Added 111589)
Area for outside exercise to be exclusive from access by the public by fencing or other
means. (Added 111589)
As mentioned abov e, the v et will be the sole occupant of the building on t he property s o there is not need to impose any additional
requirements for a separate building entrance. The applicant has explained that there is not a need for the proposed v et bus iness to hav e a
defined fencedin area as the only outdoor activity will be occ asional walk ing of dogs. Nevertheles s, staff feels that t he area of outdoor activity
should be s pec ified with the special us e permit and has recommended a condition of approval that separates this activity from public access .
and with the public health, safety and general welfare.
The public health, safety, and general welfare of the community are protected through the s pec ial use permit proces s which as sures
that the proposed uses are appropriate in the loc ation reques ted. Albemarle County Service Aut hority (ACSA) and the Riv anna Water
and Sewer Authority (RWSA) have provided comments . (Attachment G and H) The s ite is currently served by public water but is not
connected to sewer. The applicant intends to c onnect to s ewer as part of this project and will connect to the ACSA line although there
is also a RWSA s ewer line near the site.
Virginia Department of Transportation (VDOT) requires that the entrance to the site be reloc ated to the south to prov ide adequate s ite
dis tance and that it be upgraded to VDOT standards for a commercial ent rance. (Attachment I)The reloc ated entrance is provided on
the applic ant’s Conc ept Plan.
DCD Requirem ents Waiver to allow alternative location of parking area
The DCD requires relegated parking and f or that parking as an acc ess ory use, that it be no clos er to the rightofway than any ex isting
or proposed primary s tructure on a lot. Parking areas are required to be located to the rear/and or side of primary structures as v iewed
from the rightofway. The ordinance makes no exc eption for exis ting parking areas but prov ides for a Planning Commission waiver to
allow an alternate parking loc ation. The waiv er sec tion and staff analys is are provided below.
Waiver to allow alternative location of parking area. The parking area s etback requirements in subsection 20B.3(A) may be waiv ed as
follows :
1. Consideration by commission. The commiss ion may waive the parking area setback requirements in subsec tion 20B.3(A) and
allow a park ing area to be located between a street and a primary s tructure, s ubject to reasonable conditions that it may impose,
upon a finding that:
a. There are unus ual physic al conditions on the lot or an adjoining lot including, but not limited to, the location of existing
s tructures and parking areas, steep topography or other environmental features, narrownes s or shallowness or the size or shape of
the lot that make it impossible or unfeasible to provide parking to the side or rear of a primary structure;
The waiver is requested and s upported by staff based on this criteria of the ordinanc e. The applicant wishes to reuse an ex isting s tructure, which is
permitted in the DCD dis trict. However, due to the location of the existing s tructure and drainage c hannels on t he site, and narrowness of the lot, it
is not possible to locate parking s o that it is no closer to the street than the exis ting structure.
b. The potential safety of pat rons and employees cannot be achieved with adequate lighting and other reasonable des ign solutions;
or
There are no safety c onc erns and this is not an iss ue for c ons ideration of the waiver.
c . The stric t applic ation of the applic able regulations in subsection 20B.3(A) would not further the purposes of this c hapter or
otherwise s erv e the public health, s afety, or welfare or achieve the goals establis hed in the c omprehensive plan
The strict application of the parking s etback s can only be achieved if the site is completely redeveloped. There are no conflicts public safety
issues or conflicts with the goals of the comprehensive plan with permitting this waiv er. The projec t would meet the following goals for Downtown
from the mas ter plan and also stated in the intent of the DCD district:
o Implement the Crozet mas ter plan for the downtown area of Crozet s o that it may serve as the commercial hub of
Croz et and its environs;
o Prov ide a greater mix of us es in downtown Crozet, inc luding increas ed employment;
o Facilitate infill and redevelopment
Staff rec ommends approv al of the waiv er, prov ided that the park ing is screened in acc ordance with the DCD requirement s and recommendations of
the ARB.
SUMMARY
Staff has identified the following fac tors fav orable to this application:
1. The Land Us e Plan is s upportive of the vet us e.
2. The vet will be a new busines s located in Downtown Crozet adaptively reusing a currently v acant building.
3. There will be no detrimental impac ts on surrounding properties.
Staff has identified not identified unfavorable f ac tors to t his application.
RECOMMENDED ACTION:
SP 2009008
Based on the findings contained in this s taff report, s taff rec ommends approval of Special Us e Permit 2008009 with the following
conditions :
1. Development of the us e s hall be in acc ord with the concept plan, entitled “Animal Wellness” prepared by TCS Engineering Co., LLC and last
revis ed July 14, 2009, as determined by the Direc tor of Planning and the Zoning Administrator. To be in conformity with the plan,
development shall reflect the following elements only and all other elements of the plan may be modified during site plan review and
approval: entrance relocation, general location of parking areas, and outside area for walking animals. Minor modific ations to the plan whic h
do not conflic t wit h the elements abov e may be made to ens ure c ompliance with the Zoning Ordinanc e.
2. This spec ial use permit applies to the existing building and any new buildings for the veterinary use will require a new special us e permit.
3. No ov ernight boarding use, other than for those animals under medical c are shall t ak e place at the veterinary hospital.
4. The building s hall be soundproofed and airconditioned.
5. No outdoor ex erc ise area shall be permitted. Howev er, walk ing of animals is permitted and s hall be separated from ac ces s by the public and
limited to the area behind the building as identified in Attachment D.
6. Us e s hall not c ommenc e until the building is s erv ed by public sewer.
Waiver and Modification Requests
Request for modification of Secti on 5.1.11.b
Staff rec ommends the modification of minimum 200 foot setbac k requirements be approv ed. Staff recommends approv al of this modification,
provided that additional s oundproofing around the existing windows be provided or for new windows they prov ide for adequate sound dampening.
(Condition #4 above)
Waiver to allow alternative location of parking area
Staff rec ommends approv al of the waiv er, prov ided that the park ing is screened in acc ordance with the DCD requirement s and recommendations of
the ARB.
ATTACHMENTS
A. Location MapAerial
B. Loc ation MapZoning
C. Loc ation MapCrozet Master Plan
D. Conc ept Plan
E. Floor Plan of proposed v eterinary hospital
F. Engineers Report certifying soundproof building
G. Albemarle County Serv ice Authority comments , email dated October 24, 2008 from Gary Whelan and memo dated
March 12, 2008 from Gary Whelan
H. Rivanna Water and Sewer Authorit y comments, email dated J uly 14, 2009 from J ustin Weiler, E.I.T.
I. VDOT c omments, email correspondenc e last dated November 14, 2008 from Joel DeNunzio, P.E., Staff Engineer
Return to PC actions letter
Albemarle County Planning Commission
August 18, 2009
The Albemarle County Planning Commission held a public hearing and meeting on Tuesday,
August 18, 2009, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor,
401 McIntire Road, Charlottesville, Virginia.
Members attending were Don Franco, Linda Porterfield Marcia Joseph, Calvin Morris, Bill
Edgerton, Thomas Loach, Vice Chair and Eric Strucko, Chairman. Julia Monteith, AICP, non
voting representative for the University of Virginia was present.
Other officials present were Rebecca Ragsdale, Senior Planner; David Benish, Chief of
Planning; Eryn Brennan, Senior Planner; Wayne Cilimberg, Director of Planning; Elizabeth
Moratta, Senior Planner; Glenn Brooks, County Engineer; Ron Higgins, Chief of Zoning; Scott
Clark, Senior Planner; Bill Fritz, Director of Current Development and Greg Kamptner, Deputy
County Attorney.
Call to Order and Establish Quorum:
Mr. Strucko called the regular meeting to order at 6:00 p.m. and established a quorum.
SP200800009 Animal Wellness Center
PROPOSED: Veterinary Clinic for small animals. ZONING CATEGORY/GENERAL USAGE:
DCD Downtown Crozet Districtvariety of commercial uses including office, retail, service, and
civic uses; residential uses if mixed use (up to 36 units/acre); light industrial uses by special use
permit. SECTION: 20B.2.E.17 Veterinary offices and animal hospitals. Veterinary office and
hospital; 5.1.11 Commercial Kennel, Veterinary Service, Office Or Hospital, Animal. Hospital,
Animal Shelter. COMPREHENSIVE PLAN LAND USE/DENSITY: Community of Crozet, CT5
Neighborhood Center in the Crozet Master Plan which allows for a mix of uses and residential
types at net densities of up to 12 units per acre; up to 18 units per acre if in a mixed use setting
and CT 1 Development Area Preserve. ENTRANCE CORRIDOR: Yes. LOCATION: 1100
Crozet Avenue/Route 240, approx. 400 feet south of the intersection of Jarmans Gap Road and
Crozet Avenue. TAX MAP/PARCEL: 056A2010000700. MAGISTERIAL DISTRICT: White
Hall (Rebecca Ragsdale)
Ms. Ragsdale presented a PowerPoint presentation and summarized the staff report.
This is a request in Downtown Crozet for a veterinary clinic on a site that was rezoned to
Downtown Crozet District. There is some existing vegetation along Route 240. The existing
building proposed to be used for the reuse of the vet is setback from the road. There is an
existing driveway.
Staff found that this use was consistent with the CT5 Urban Center Designation in Downtown.
Powell Creek and storm water easements are located to the rear of the property.
The entrance will be relocated to meet safety and sight distance requirements for VDOT. There
will be some parking for the vet use, which is required to be relegated. There are provision the
Commission to waive or modify that requirement. In this case because of the existing building
and features on the site staff supports that modification.
There is another modification that goes along with this special use permit under Section 5.0
Supplemental Regulations for Veterinary Uses in the Zoning Ordinance. Because of the
proximity of the existing building to the residential zoned property line there is a modification to
the setback requirement that is requested. The applicant provided a sound test that
demonstrates that the sound proofing requirements in the ordinance can be met. Staff supports
that request.
This property is located in the Entrance Corridor. The Design Planner has reviewed it for
impacts to the Entrance Corridor. This property is also located in the potential Crozet Historic
District. Based on that perspective it was preferable not to provide the new entrance and
disturb it, but that was necessary for VDOT approval and access to the site. So there are
recommendations for mitigating those impacts with a landscaping plan. The applicant will have
to meet the site plan requirements and landscaping requirements of the Architectural Review
Board.
In summary, staff found that this was consistent with the Crozet Master Plan and Land Use
Plan and was a business that would be a new business in Downtown Crozet supporting the
goal for Downtown as the commercial center in Crozet. There would be no detrimental impacts
to adjoining property owners.
Staff did not find any unfavorable factors and recommended approval of the special use permit
SP200800009 Animal Wellness Center with the conditions outlined in the staff report along
with the approval of the two modifications with regard to Section 5.0 and allowing the alternative
parking location provided that landscaping screening requirements are met.
Mr. Strucko invited questions for staff. He asked if staff received comments from the adjacent
property owners.
Ms. Ragsdale replied that she had not.
Mr. Cilimberg noted that the adjacent owner letter was sent to all adjoining property owners.
Mr. Loach asked if the easements been worked out for the storm water project. He noted that
the staff report said that the county has not begun discussions with the applicant regarding the
future greenways as an emphasis and focus on working with the county storm water project.
He asked what the status of the easements is.
Ms. Ragsdale replied that the county does not have signed easements regarding the storm
water project. But the project managers have been in discussion and going over the design of
the project so that it met the property owners concerns. Those easements would be for the
drainage channel that runs along the northern property line and then the drainage channel in
back for channel improvements to the adjoining what will hopefully be the county owned
property for the storm water project. So the easements were not in place yet.
Ms. Joseph noted that she had a question about the entrance. The concern was that they have
an historic district and it would be better to keep the entrance where it was. If this was not a
special use permit and someone came in and wanted to use this property under the existing
zoning category would they require them to move that entrance?
Mr. Cilimberg replied that if a site plan was involved yes.
Ms. Joseph said if they were able to meet the parking requirements, etc. would they need a site
plan. If someone has been using the property as a commercial use and someone else came in
to use it as another commercial use that did not require a site plan they would not need a site
plan. She was amazed that they needed sight distance because this is an urban area. She was
trying to figure out what is the speed limit out there that they need to move this entrance to get
the sight distance.
Mr. Cilimberg noted that there are certain elements of site development that kick the
requirement for a site plan in. The establishment of parking is one of those. Once a site plan
would be required then they are dealing with construction that is not permitted by for adequate
sight distance and such for entrances.
Ms. Joseph said that they are not dealing with a recommendation, but a requirement from
VDOT.
Ms. Ragsdale replied yes. VDOT reviewed the concept plan and provided those comments,
which would be their requirements as part of the special use permit review. The property was
previously used for residential as apartment buildings. Although the property has been zoned
commercially, C1, for some time she did not know that there has use of that building
commercially to date. It may not have come up before.
Mr. Strucko opened the public hearing and invited the applicant to address the Commission.
Dr. Hillary Cook, representative for the request, offered to answer any questions.
Mr. Loach noted that the operating hours was listed as 7:30 a.m. to 6:00 p.m. He questioned if
they would want any emergency hours.
Dr. Cook replied no, that there were veterinary emergency clinics in town. She would probably
carry a pager for her clients.
Mr. Strucko invited public comment.
Joan Meyer, a Crozet resident, supported the practice being moved to Crozet. She has kept
animals as part of her family for about 25 years. She is the first vet who has ever heard her
concerns about how her animals are taken care of. Rather than just throwing drugs at a
condition she has successfully determined what the root cause of a problem may be. She
noted that after eight months of pain and infection she has a dog that is happy and healthy. She
will look forward to visiting the veterinary clinic with the rest of her family in Crozet if this request
is approved.
Anne Dagner, resident of 1122 Crozet Avenue which three doors down from the proposed site,
spoke in support of the proposal. She agreed with staff’s recommendation that the veterinary
use is a business that fits with the Crozet Downtown District Development Plan. As a side she
and her husband were both veterinarians and would be happy to have a veterinary office down
the road and don’t see any problems with that at all.
There being no further public comment, the public hearing was closed and the matter before
the Planning Commission.
Motion on Special Use Permit:
Motion: Mr. Loach moved and Mr. Morris seconded for approval of SP200800009, Animal
Wellness Center with staff’s recommended conditions.
1. Development of the use shall be in accord with the concept plan, entitled “Animal
Wellness” prepared by TCS Engineering Co., LLC and last revised July 14, 2009, as
determined by the Director of Planning and the Zoning Administrator. To be in conformity
with the plan, development shall reflect the following elements only and all other elements
of the plan may be modified during site plan review and approval: entrance relocation,
general location of parking areas, and outside area for walking animals. Minor
modifications to the plan which do not conflict with the elements above may be made to
ensure compliance with the Zoning Ordinance.
2. This special use permit applies to the existing building and any new buildings for the
veterinary use will require a new special use permit.
3. No overnight boarding use, other than for those animals under medical care shall take
place at the veterinary hospital.
4. The building shall be soundproofed in accordance with Section 5.1.11(b) and air
conditioned.
5. No outdoor exercise area shall be permitted. However, walking of animals is permitted
and shall be separated from access by the public and limited to the area behind the
building as identified in Attachment D.
6. Use shall not commence until the building is served by public sewer.
The motion carried by a vote of 7:0.
Mr. Loach pointed out that this is another success story of the Crozet Master Plan.
Mr. Strucko noted that SP200800009 would go before the Board of Supervisors with a
recommendation for approval on a date to be determined.
Motion on Two Modifications:
Motion: Mr. Loach moved and Mr. Morris seconded for approval of the two recommended
modifications of Section 5.1.11.b and the critical slopes waiver as recommended by staff.
The motion carried by a vote of 7:0.
Mr. Strucko noted that the modifications were approved as noted below and did not go to the
Board of Supervisors.
Request for modification of Section 5.1.11.b Approval
• By a vote of 7:0, the Planning Commission approved the modification of the minimum
200 foot setback requirements with the condition that additional soundproofing around
the existing windows be provided or for new windows they provide for adequate sound
dampening. (Condition #4 above)
Waiver to allow alternative location of parking area Approval
• By a vote of 7:0, the Planning Commission approved the waiver to allow alternative
location of parking area, provided that the parking is screened in accordance with the
DCD requirements and recommendations of the ARB.
Return to PC actions letter
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGEN D A TITLE:
STA 2008 01 Private Streets and Single Point of
Access
SU B JECT/PR OPOSAL/R EQUEST:
Public hearing on an ordinance to amend C ounty Code
Chapter 14, Subdivision of Land, to 1) limit the number
of entrances existing parcels may have onto public
streets and to establis h standards and procedures for
waivers therefrom and 2) modify the street standards
for private streets .
STAFF CONTACT(S):
Mess rs. Tucker, Foley, D avis, Kamptner, Graham, and
Fritz; and Ms. McCulley
LEGAL R EVIEW : Yes
A GENDA DATE:
October 14, 2009
A C TION: X INFORMATION:
C ON SENT A GENDA:
ACTION : IN FORMATION:
A TTACHMENTS: Yes
R EVIEW ED B Y:
B A C K GR OU N D :
On November 12, 2008, the Board held a public hearing on this proposed subdivision ordinance text amendment, which
w ould amend County C ode § 14404 to reduce the number of entranc es allowed onto public roads, amend County
C ode § 14412 to change the road standards for private roads serving 2lot and 3 to 5lot subdivisions, and amend the
applicable requirements for R ural Subdivisions by making the requirements of Section 14404 applicable to them. At
the close of the public hearing, the Board directed staff to work with the community to identify c oncerns and
alternativ es. On February 26, 2009, staff conducted a R oundtable discussion. On June 3, 2009 the Board held a
w orksession to discus s the options identified at the Roundtable. The Board directed staff to prepare an ordinance that
w ould apply only to certain streets and to dev elop administrative waiver criteria. The Board also directed staff to
amend the private street standards so that they were consistent with the driveway s tandards found in the Zoning
Ordinance.
STRATEGIC PLAN:
Goal 1: Enhance Quality of Life for all Citizens
Goal 4: Effectively Manage Growth & Development
Adoption of regulations designed to improv e emergency acces s (street standard) and minimizes entranc es (single point
of access) can promote these goals.
D ISC U SSION:
The proposed ordinance would amend the Subdivision Ordinance to reflect the June 3, 2009 directions from the Board.
Some of the key components of the proposed ordinance are outlined below.
Single Point of A ccess
Apply ing single point of acc ess requirements only to c ertain roads
The proposed ordinance would require single points of acces s on Major Rural Streets if the frontage of any proposed lot
is less than 500 feet. Major Rural Streets inc lude those roads with more than 1,400 vehicle trips per day (v tpd) with
two exceptions. Generally, s treets of over 1,400 v tpd are considered collector streets intended for mobility. Streets of
less than 1,400 v tpd are considered local streets intended for accessibility. Greater regulation of entrances on the
higher volume roadw ays serv es to protect the traveling public and preserv e the primary purpose of those streets which
is mobility. Some streets with less than 1,400 vtpd hav e been identified as Major Rural Streets. These include Iris h
R oad (Route 6) and Old Ballard Road. Iris h Road was added bec ause it is a Primary Road with approximately 1,200
vtpd. Old Ballard Road (R oute 677) was added at the request of the Board to reflect the volume of traffic on the road
combined w ith the level of dev elopment on the road and the geometrics of the road. H owever, the number of entranc es
on streets with low er traffic volumes will not be restric ted by the proposed ordinance and will continue to be able to
have more points of acc ess than those s ubdivisions on major rural streets.
The proposed ordinance als o would reloc ate from subsection 14404(B) to s ubsection 14404(A) the current acces s
The proposed ordinance als o would reloc ate from subsection 14404(B) to s ubsection 14404(A) the current acces s
requirements applicable to a subdivision lot that is later subdiv ided itself. This requirement is amended to clarify that
the acc ess requirements apply to any lot, rather than just the residue, of the original subdivision.
W aivers
A clear desire was stated by the participants at the Roundtable discussion to inc lude administrative waiver
provisions. The proposed ordinance authorizes administrative waivers for all w aivers pertaining to single points of
access. The factors that w ould be considered to waive the single point of acces s requirement include: whether
installing a s ingle point of access w ould substantially impact environmental res ources such as streams, stream
buffers, critical slopes, and floodplain; w hether construc tion of a single point of acces s would substantially impact
features existing on the property prior to October 14, 2009; whether granting the w aiver would contribute to
maintaining an agricultural or forestal use of the property; and whether granting the waiver would facilitate
development of areas identified in the open space plan as containing significant resources.
Private road standards
The proposed ordinance would:
Make priv ate roads serving 2lot subdiv is ions subject to the same design standards as for a driveway as
prov ided in Zoning Ordinance § 4.6.6.
Apply the clearance and maximum grade requirements for a driveway as provided in Zoning Ordinanc e §
4.6.6 to subdivisions of 3 to 5 lots.
Specify that a road’s grade is measured over a distance of 50 feet.
Establis h administrative waiver procedures and criteria for all road standard design requirements.
B U D GET IMPACT:
Administration of the proposed ordinance w ill require additional staff time to evaluate entrance conditions, 2 lot
private road standards, and proc ess waiver requests . However, the increase is considered minimal and no additional
funding or staffing will be needed.
R ECOMMEN D A TIONS:
After conducting a public hearing, staff recommends adoption of the attached ordinance.
A TTACHMENTS
A – Proposed Subdivision Ordinance
B – Major R ural Street Map
View PC minutes of August 26 2008 and October 7, 2008
Ret urn to regular agenda
Draft: 09/21/09
1
ORDINANCE NO. 09-14( )
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, ARTICLE II,
ADMINISTRATION AND PROCEDURE, AND ARTICLE IV, ON-SITE IMPROVEMENTS AND DESIGN,
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 14,
Subdivision of Land, Article II, Administration and Procedure, and Article IV, On-Site Improvements and
Design, are hereby amended and reordained as follows:
By Amending:
Sec. 14-207 Rural subdivisions
Sec. 14-224.1 Waiver of certain requirements by the agent
Sec. 14-225.1 Waiver of certain requirements by the commission
Sec. 14-404 Lot location to allow access from lot onto street or shared driveway
Sec. 14-412 Standards for private streets only
Sec. 14-434 Completion of on-site improvements required prior to plat approval
Chapter 14. Subdivision of Land
Article II. Administration and Procedure
Sec. 14-207 Rural subdivisions
The following sections of this chapter shall apply to each rural subdivision:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204 and sections 14-209, 14-226,
14-229 and 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (3),
(4), (5), (6), (7), (9), (10), (11), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14-303(A),
(B), (C), (D), (E), (F), (H), (I), (L), (O) and (P), 14-304, 14-305(B), 14-308.1, 14-309, 14-310, 14-312, 14-314
and 14-316.
D. On-site improvements and design: Sections 14-400, 14-403, 14-404 if any proposed lot would
have less than five hundred (500) feet of frontage on a major rural street identified on the map adopted as
Appendix A to this chapter, 14-406, 14-414, 14-416, 14-421, 14-426, 14-427, 14-433 and 14-438.
(9-5-96, 7-9-86, 12-21-83, 2-4-81, 5-2-79, 11-13-74, 8-28-74; 1988 Code, § 18-13(b); Ord. 98-A(1), 7-15-98;
Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(9).
Sec. 14-224.1 Waiver of certain requirements by the agent
The agent may waive requirements as provided in sections 14-313, 14-401, 14-404, 14-405, 14-407, 14-
409, 14-412, 14-419 and 14-420, as follows:
A. A subdivider shall submit to the agent a written request stating the reason and justification for
the request and all proposed alternatives. The subdivider shall have the burden of producing the evidence to
enable the agent to make the findings required by this section.
Draft: 09/21/09
2
B. The subdivider may appeal the disapproval of a waiver, or the approval of a waiver with
conditions objectionable to the subdivider, to the commission as provided in section 14-226. In reviewing a
waiver request, the commission may approve or disapprove the waiver based upon the applicable findings set
forth in this section, amend any condition imposed by the agent, and impose any conditions it deems necessary.
(Ord. 05-14(1), 4-20-05, effective 6-20-05)
Sec. 14-225.1 Waiver of certain requirements by the commission
The commission may waive requirements as provided in sections 14-234, 14-404, 14-409, 14-410, 14-
412, 14-414 and 14-422, as follows:
A. A subdivider shall submit to the agent a written request stating the reason and justification for
the request and all proposed alternatives. The subdivider shall have the burden of producing the evidence to
enable the commission to make the findings required by this section. The agent shall review the request and
transmit his recommendation of approval, approval with conditions, or disapproval to the commission. If the
agent recommends approval or approval with conditions, the recommendation shall be accompanied by a
statement by the agent as to the public purpose served by the recommendation, particularly in regard to the
purpose and intent of this chapter, the zoning ordinance and the comprehensive plan. The director of planning
and the county engineer shall provide recommendations to the commission as to whether and how the waiver
would accomplish county goals, policies, good planning practice and good engineering practice.
B. The subdivider may appeal the disapproval of a waiver, or the approval of a waiver with
conditions objectionable to the subdivider, to the board of supervisors as an appeal of a disapproval of the plat as
provided in section 14-226. In reviewing a waiver request, the board may approve or disapprove the waiver
based upon the applicable findings set forth in this section, amend any condition imposed by the commission,
and impose any conditions it deems necessary.
(9-5-96, 8-28-74 (§ 10); 1988 Code, § 18-3; Ord. 98-A(1), 8-5-98, § 14-237; Ord. 05-14(1), 4-20-05, effective
6-20-05)
State law reference--Va. Code § 15.2-2242(1).
Article IV. On-Site Improvements and Design
Sec. 14-404 Lot location to allow access from lot onto street or shared driveway.
Each lot within a subdivision shall be located as follows:
A. Single point of access required. Each lot, other than a corner lot within the development areas,
shall have reasonable access to the building site from only one street, shared driveway or alley established at the
same time as the subdivision;.
B. provided that Conditions when single point of access not required. Notwithstanding subsection
(A), a lot may be located so that its driveway enters only onto a public street abutting the subdivision if: (i) the
commission grants agent approves a waiver under subsection (C); (ii) the subdivider obtains an entrance permit
from the Virginia Department of Transportation for the access; (iii) the entrance complies with the design
standards set forth in sections 14-410(F) and 14-410(G); and (iv) the subdivider demonstrates to the agent prior
to approval of the final plat that the waiver does not violate any covenants to be recorded for the subdivision.
For purposes of this section, the term “reasonable access” means a location for a driveway or, if a driveway
location is not provided, a location for a suitable foot path from the parking spaces required by the zoning
ordinance to the building site; the term “within the subdivision” means within the exterior boundary lines of the
lands being divided.
Draft: 09/21/09
3
B. If the subdivision is within the rural areas, all subsequent divisions of the residue shall enter
only onto such street(s) shown on the approved final plat and shall have no immediate access onto to any public
street.
C. Standards for waiver. The requirements of this section subsection (A) may be waived by the
commission agent as provided in section 14-225.1 14-224.1. In reviewing a waiver request, the commission
shall determine whether: (i) the county engineer recommends an alternative standard; or (ii) because of unusual
size, topography, shape of the property, location of the property or other unusual conditions, excluding the
proprietary interests of the subdivider, strict application of the applicable requirements would result in
significant degradation of the property or to the land adjacent thereto. In approving a waiver, the commission
shall find that requiring the standard would not forward the purposes of this chapter or otherwise serve the
public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the
orderly development of the area, to sound engineering practices, and to the land adjacent thereto. In reviewing a
waiver request, the commission may allow a substitute design of comparable quality, but differing from that
required, if it finds that the subdivider would achieve results which substantially satisfy the overall purposes of
this chapter in a manner equal to or exceeding the desired effects of the requirement. A request for a waiver
may be made prior to or with submittal of a preliminary or final plat, as follows:
1. Information to be submitted. A request shall include a justification for the waiver and a
conceptual plan. The conceptual plan shall: (i) be drawn at a scale no smaller than one (1) inch equals two
hundred (200) feet showing surveyed boundaries of the property or an alternative scale approved by the agent;
(ii) show the topography of the property at the best interval available from the County including delineation of
proposed building sites; (iii) show the locations of streams, stream buffers, critical slopes, floodplains, and
known wetlands; and (v) show the proposed layout of lots, location of existing features such as buildings,
fences, drainfields, existing driveways or other access ways, or other significant features.
2. Consideration and findings. In reviewing a waiver request, the agent shall consider
whether: (i) installing a single point of access would substantially impact environmental resources such as
streams, stream buffers, critical slopes, and floodplain; (ii) construction of a single point of access would
substantially impact features existing on the property prior to October 14, 2009; (iii) granting the waiver would
contribute to maintaining an agricultural or forestal use of the property; and (iv) granting the waiver would
facilitate development of areas identified in the open space plan as containing significant resources. In
approving a waiver, the agent shall find that requiring the extension would not forward the purposes of this
chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public
health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land
adjacent thereto.
D. Terms defined. For purposes of this section, the term “reasonable access” means a location for a
driveway or, if a driveway location is not provided, a location for a suitable foot path from the parking spaces
required by the zoning ordinance to the building site; the term “within the subdivision” means within the
exterior boundary lines of the lands being divided.
(§ 18-36 (part), 9-5-96, 8-28-74; § 18-39 (part), 9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, §§ 18-36, 18-
39; Ord. 98-A(1), 8-5-98, §§ 14-500(C), 14-505; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(5).
Sec. 14-412 Standards for private streets only.
In addition to the minimum design requirements set forth in section 14-410, the following minimum
design requirements shall apply to private streets authorized by this chapter:
A. Residential private streets. Each private street serving detached residential uses authorized
under sections 14-232 or 14-233 shall satisfy the following:
Draft: 09/21/09
4
1. Streets serving two lots. Each private street serving two (2) lots shall satisfy the
following: (i) easement or right-of-way widths shall be thirty (30) feet minimum; (ii) the required materials and
minimum depth of base shall satisfy the minimum requirements described in the design standards manual; and
(iii) the surveyor shall include the following wording on the final plat: “The existing and/or proposed right-of-
way is of adequate width and horizontal and vertical alignment to accommodate a travelway passable by
ordinary passenger vehicles in all but temporary extreme weather conditions, together with area adequate for
maintenance of the travelway, as required by section 14-412 of the Albemarle County Code.” : (i) shall not
exceed a sixteen (16) percent grade calculated over a distance of fifty (50) feet; (ii) shall have a travelway that is
at least ten (10) feet in width; and (iii) shall include a rectangular zone superjacent to the driveway that is clear
of all obstructions, including any structures and vegetation, that is at least ten (10) feet in width and fourteen
(14) feet in height. The subdivider shall demonstrate to the satisfaction of the county engineer that the street
will meet the requirements of this subsection.
2. Streets serving three to five lots. Each private street serving three (3) to five (5) lots
shall satisfy the following: (i) vertical centerline curvature shall meet a minimum design K value of five (5) for
crest curves and fifteen (15) for sag curves; (ii) sight distances shall not be less than one hundred (100) feet; (iii)
turnarounds shall be provided at the end of each street per American Association of State Highway and
Transportation Officials guidelines; (iv) street easements or right-of-way widths shall be thirty (30) feet
minimum; and (v) the radius for horizontal curvature shall be forty (40) feet or greater, unless otherwise
authorized by this chapter. Any standard in this paragraph (2) may be reduced to the standard for streets serving
two (2) lots where a driveway departs from the street and two lots remain to be served, and a turnaround is
provided. In addition, the following shall also apply:
(a) Private streets in the rural areas. For such private streets in the rural areas: (i)
travelway widths shall be fourteen (14) feet minimum, with three (3) feet minimum shoulder widths, and a
minimum of four (4) feet from the edge of the shoulder to the ditch centerline; (ii) the grade shall not exceed
sixteen (16) percent calculated over a distance fifty (50) feet; (iii) if the grade of any portion of the street
exceeds seven (7) percent in grade, the entire street shall be surfaced as required by Virginia Department of
Transportation standards; streets of lesser having a grade of seven (7) percent or less may use have a gravel
surface; and (iv) the street shall have a rectangular zone superjacent to the street that is clear of all obstructions,
including any structures and vegetation, that is at least fourteen (14) feet in width and fourteen (14) feet in
height.
(b) Private streets in the development areas. For such private streets in the
development areas: (i) an urban cross-section street design shall be provided, with a minimum width of twenty
(20) feet measured from the curb faces or such alternative design, including a street easement or right-of-way
width, deemed adequate by the county engineer to be equivalent to or greater than the applicable standard in the
design standards manual, so as to adequately protect the public health, safety or welfare; additional widths shall
be provided for gutters to control drainage at the discretion of the county engineer; and (ii) the entire street shall
be surfaced as required by Virginia Department of Transportation standards.
3. Streets serving six lots or more. Each private street serving six (6) or more lots shall
satisfy Virginia Department of Transportation standards, provided:
(a) Private streets in the rural areas. For such private streets in the rural areas, the
commission may approve Virginia Department of Transportation standards for mountainous terrain if the
subdivider demonstrates, for a specific, identifiable reason, the general welfare, as opposed to the proprietary
interests of the subdivider, would be better served by the application of those standards.
(b) Private streets in the development areas. For such private streets in the
development areas, the agent may approve Virginia Department of Transportation standards for mountainous
terrain or an alternative standard deemed adequate by the county engineer to be equivalent to or greater than the
applicable standard in the design standards manual, so as to adequately protect the public health, safety or
welfare.
Draft: 09/21/09
5
4. Streets serving family or two-lot subdivisions. Each private street authorized to serve a
family subdivision under section 14-232(B)(1) or a two-lot subdivision under section 14-232(B)(2) shall satisfy
the following: (i) easement or right-of-way widths shall be ten (10) feet minimum; and (ii) the surveyor shall
include the following wording on the plat: “The existing and/or proposed right-of-way is of adequate width and
horizontal and vertical alignment to accommodate a travelway passable by ordinary passenger vehicles in all but
temporary extreme weather conditions, together with area adequate for maintenance of the travelway, as
required by section 14-412 of the Albemarle County Code.”
B. Private streets serving non-residential, non-agricultural, attached residential, multi-unit
residential and combined residential and non-residential uses. Each private street authorized to serve non-
residential, non-agricultural, attached residential, multi-unit residential and combined residential and non-
residential uses under sections 14-232 or 14-233 shall satisfy Virginia Department of Transportation standards
or an alternative standard deemed adequate by the agent, upon the recommendation of the county engineer, to be
equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect
the public health, safety or welfare. The agent may require minimum travelway widths to provide for on-street
parking upon a determination that the provisions for off-street parking may be inadequate to reasonably preclude
unauthorized on-street parking.
C. Clearing land for improvements. A private street constructed to Virginia Department of
Transportation standards shall not be subject to that department’s clear zone requirements.
D. Landscaping and other improvements permitted. Subsequent to construction of a private street,
a subdivider may install ornamental plantings and any other improvements provided that they do not conflict
with sight distance, drainage facilities or other required improvements.
E. Waiver. The requirements standards of sections 14-412(A)(1)(i) and 14-412(A)(2)(a) relating to
street easement or right-of-way widths may be waived by the commission agent as provided in section 14-225.1
14-224.1, as follows: .
1. Waiver of section 14-412(A)(1)(i). The agent, with the recommendation of the county
engineer and the fire marshal, may waive the standard in section 14-412(A)(1)(i) and authorize a street having a
grade that exceeds sixteen (16) percent if the subdivider demonstrates to the satisfaction of the county engineer
and the fire marshal that public safety vehicles would be able to access each lot even though the grade may
exceed sixteen (16) percent. In developing their recommendation to the agent, the county engineer and the fire
marshal shall consider: (i) the length of the segment of the street that would exceed sixteen (16) percent; and (ii)
whether the segment that would exceed sixteen (16) percent would require the public safety vehicle to travel
uphill towards each lot. In authorizing such a grade, the agent may impose reasonable conditions to assure that
the public safety vehicles may access the lot including, but not limited to, a condition limiting the maximum
length any segment of the driveway may exceed sixteen (16) percent.
2. Waiver of section 14-412(A)(2)(a). In reviewing a waiver request for a lesser street
easement or right-of-way width under section 14-412(A)(2)(a), the commission agent shall consider whether: (i)
the subdivision will be served by an existing easement or right-of-way of fixed width that cannot be widened by
the subdivider after documented good faith effort to acquire additional width; and (ii) the existing easement or
right-of-way width is adequate to accommodate the required travelway and its maintenance. If the waiver
pertains to minimum street easement or right-of-way widths over an existing bridge, dam or other structure, the
commission agent shall consider whether: (i) the long-term environmental impacts resulting from not widening
the bridge, dam or other structure outweigh complying with the minimum width requirements, as determined by
the county engineer; or (ii) whether the bridge, dam or other structure is a historical structure. In approving a
waiver, the commission agent shall find that requiring the standard street easement or right-of-way widths would
not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would
not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound
engineering practices, and to the land adjacent thereto.
Draft: 09/21/09
6
G. Eligibility for future acceptance into the system of state highways. Any and all streets that are
not constructed to meet the standards necessary for inclusion in the system of state highways shall be privately
maintained and shall not be eligible for acceptance into the system of state highways unless improved to current
Virginia Department of Transportation standards with funds other than those appropriated by the General
Assembly and allocated by the Commonwealth Transportation Board.
(§ 18-36, 9-5-96, 8-28-74; § 18-37, 9-5-96, 11-21-79, 3-29-78, 8-28-74(part); 1988 Code, §§ 18-36, 18-37, 18-
38; Ord. 98-A(1), 8-5-98, § 14-514; Ord. 02-14(1), 2-6-02; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2242(3), 33.1-72.2.
Sec. 14-434 Completion of on-site improvements required prior to plat approval.
Except as provided in section 14-435, all on-site improvements required by this chapter, other than a
private street authorized under section 14-232(B)(1), 14-232(B)(2), 14-233(A)(2) or 14-433(B)(2) serving less
than three (3) lots, shall be completed prior to approval of the final plat. Prior to approval of the final plat:
A. The subdivider shall submit to the agent a certificate of completion of all of the improvements
prepared by a professional engineer or a land surveyor, to the limits of his license; and
B. The subdivider shall certify to the agent that all of the construction costs for the improvements,
including those for materials and labor, have been paid to the person constructing the improvements.
9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-412; Ord.
05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(9).
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded
below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Mr. Dorrier ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Slutzky ____ ____
Ms. Thomas ____ ____
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0 2 41Kilometers
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City of Charlottesville
Town of Scottsville
County ofAlbemarle
Prepared by Albemarle CountyOffice of Geographic Data Services (GDS). Map created by Elise Hackett, May 2009.
Note: The map elements depicted are graphic representations and are not to be construed or used as a legal description.This map is for display purposes only.
Legend
Major RoadsRailroadsParcelsCity Boundar yCounty Boundar yMajor Rural Streets
Albemarle County Planning Commission
August 26, 2008
STA200800001 RA 2 Lot R oad Standard/SPOA
Amend Sections 14404, Lot loc ation to allow acces s from lot onto street or shared drivew ay, 14412, Standards for
private streets only, and 14434, C ompletion of onsite improvements required prior to plat approval, of Chapter 14,
Subdiv ision of Land, of the Albemarle County Code. This ordinance would amend Sec. 14404 by requiring that the
first subdivision plat approved for a parcel after the effec tive date of this ordinanc e (the "parent parcel") must
establish a single public or private access from an ex isting public or private street outside of the parent parcel to the
lots within the subdivision, and would require that the proposed s treet provide such access for all future subdivisions
within the parent parcel, and would delete the requirement that all subsequent divisions of the residue enter only onto
such streets shown on the approved final plat and have no immediate access onto any public street; Sec. 14412 by
deleting the standard for residential private s treets serving 2 lots and requiring such streets to meet the standard
currently required for streets serving 3 to 5 lots; Sec. 14434 by deleting the exception for certain private streets from
the requirement that all onsite improvements be completed prior to approval of the final plat where surety in lieu of
completion of the improvements is not authoriz ed. A copy of the full text of the ordinance is on file in the office of
the Clerk of the Board of Supervisors and in the Department of Community Development, County Office Building,
401 Mc Intire Road, Charlottesville, Virginia. (Amelia McCulley)
Ms. McCulley presented a Pow erpoint presentation and summarized the staff report. (See Staff Report)
This is a Subdivision Ordinance amendment that achieves two things :
The first is to establis h a road standard for a private road serving tw o (2) lots. This shall be the same as the existing
standard for a private road serving 3 to 5 lots. Therefore, the new road s tandard would become a 2 to 5 lot private
road standard.
This is being proposed to improve emergency ac cess to these properties.
To improve routine access to these properties bec ause it just has to be pass able.
Planning for roads that may be ex tended in the future to serve other properties, which they want to meet the
County standards.
The second is to require that all subdivision of property (from the effectiv e date forward) to s hare the s ame access
road / entrance onto any public street.
Reducing the number of entrances onto a public road Each entrance onto a public road is a conflict point
and an opportunity for acc idents for the traveling public. It is common for local zoning and subdivis ion
regulation to reduc e and limit the numbers of entrances available to property.
Reduce the number of access roads that serve property. The res ulting roads would meet a higher
construction standard and priv ate road maintenance would be shared among more properties.
Establishing a road standard for a private street serving two (2) lots
The current Albemarle Subdivis ion regulations do not have a specific construction standard for a private
s treet serving two lots. It only requires a “trav elway pass able by ordinary passenger v ehic les in all but
temporary extreme w eather c onditions.”
Establishing a road standard for these streets will establish and effectively increase the minimum des ign and
construction standards for private streets serving two lots . In addition, it will result in improv ed emergency
acc ess to thes e properties.
Family divisions are not reviewed under this regulation. They are reviewed under other regulations and not
these two prov isions proposed for amendment.
There are shared driveways in the development area that serve the Neighborhood Model. They don’t want to
jeopardize that. This amendment does not affect shared driv eways in the development area.
Staff recommends adoption of the draft ordinance found in Attachment C.
Mr. Morris opened the public hearing and invited public comment.
Katherine Russell, resident of North Garden, felt that the changes w ere unnecess ary . Currently a surveyor c an
determine when a lot is requested to be filed if an emergency vehicle can get to the lot. There is already a sight
distance requirement that is sufficient. She did not think that they need to increase the bureaucracy of the county
and inc rease their control for things that hav e not presented big problems. It w ill restrict what people can do w ith
their land even further. It will mean that a lot of people who may w ant to do something won’t be able to afford to do
it. Unfortunately, the county continues to find w ays to infringe upon on the ow ner’s ability to utilize their property .
Property owners hav e vested interest in their properties. Every time another regulation is adopted that does not
serve the public as a whole they are trampling on people’s interest. She opposed the amendments since it would
allow the county to continue to infringe upon the property ow ner rights to us e their property. She felt that the general
public does not understand the proposal. The county should work on its current responsibilities and does not need
more c ontrol.
Gorky Shack elford said that he had a farm in Stony Point in the Rivanna distric t. He was asked by other directors
of the Albemarle Farm Bureau to come and represent them tonight. He would like to use his own s ituation as an
example. Some time ago they had their property divided out on paper in case they had to sell a lot or tw o in order to
keep the rest of the farm, w hich he hopes does not happen. The pic ture shows one 5ac re lot, two 10acre lots and
the others 21 to 30 acres. He tried to make the lots fit into the terrain and not interfere with the appearance of the
farm as a whole. W ith this ordinance, if it is pass ed, it would look very differently. The county would effectively be
taking away every division right that they have with the sight distance requirement on the country road, whic h they
don’t hav e, and the stream crossing regulations that has already been passed. He wondered if it w as worth it
because there is a great deal of loss in it. There are already a lot of private entrances on the country roads, which
can’t be changed, and a lot of people are going to have to use the same entrance any way. He did not think that all
situations would allow the lots to come out on one road as presented. He did not think that one or two commercial
entranc es w ere going to improv e the s afety. If s afety is the purpose of this proposal he did not think that it would
accomplish much. If dow n zoning is the purpose of it, then it is a very effective ordinance.
Clara Belle Wheeler, resident of Stony Point Rd, objected to the propos ed amendments. We live in a w orld where
our property rights in Albemarle County, as have already been stated, are being restricted on a daily basis by
ordinanc e being passed by elected and nonelected bodies. They live in an area, w hich is the bedrock and
foundation of this country , w here personal freedoms were fought and died for. Choic es and consequences should be
the standards by which each of us liv es. If should be her c hoice if she wants to live at an end of a dirt road that s he
can only get to in a fourwheel drive v ehic le. . If she has a heart attack in the middle of the night and an ambulance
cannot get to her, then that is her choice and she will die with the consequences. It is not up to any one else to
decide where she can or cannot live because she can’t spend $100,000 to build a road that meets s ome arbitrary
standard. Property rights are personal and are important and they are trying to restrict them. The people in the
community are tired of being told what they can and c annot do with their property. She is an environmentalist and a
farmer who felt that they would do les s damage by putting in a little road to their hous e as oppos ed a huge asphalt
covered road. She objected to the proposal for many reasons, but the cost alone w ould prohibit people from being
able to build on their property. She felt that this was a sneak y underhanded way by going around the back door to
restrict property owner rights. She asked that they not pass this amendment because building two houses on a
piece of property should not require the Planning Commission or Board to restrict them.
Kathy Rash, farmer and owner of tw o piec es of property in the W hite Hall D istrict and southern Albemarle, pointed
out lik e many others she just found out about this meeting. She was taken back by the rules and regulations
imposed. It seems that more and more regulations are being added to small farmers and people in the rural area.
Most of the other farms in her area have 50 to 60 acres. Every time she turns around the county is taking more
rights and putting more restrictions on them. If their intention is to prevent them from building on their land by tak ing
away their property rights, then the county should just say so. The small farmers feel that they are being impos ed
upon. She s tressed that they need to have the same goals and be able to w ork together to k eep the county
beautiful and the way it is now .
Rose Scarlet Myers, owner of a farm in Earlysville, said she came to this area in 1994. When they moved here it
was a very rural area. There has been a lot of development in the area, whic h has taken the quality down in the
county. The quality of the streams has been affected by the added asphalt and not taking care of the land. Every
time they continue to cut up the land in that way they are creating more havoc in the streams. She asked the
Commis sion to defeat this motion
Sarah Henley, resident in the C rozet area, s aid her husband and family had a farm in this area sinc e 1900. This
land that the bureaucrats and Albemarle County are talking about is very dear to the people who liv e on the land that
they are talking about. She asked that they consider their heritage and life sty le. They have made a lot of
sacrifices. She has been involved recently with people involved w ith developers and real estate who feel that they
have more of a v ested interest in the property than the people who live on it. It is important that they are able to
continue to farm this land. She looked at it as an inv estment that they have held onto for their families. People in
this county may have $100,000 in the bank in case someone gets sick, but they have made sacrifices and their
$100,000 is in a little parcel of land on the end of their farm. They need to be able to s ell that if it is necessary .
There is no one that wants to do it. The restrictions being placed on their farm land is making it impossible for
farmers to manage their investment. She opposed the additional regulations being adopted. She questioned if
others would like to hav e their investments put on the line for the county to decide what they can keep.
There being no further public comment, Mr. Morris closed the public hearing to bring the matter before the Planning
Commis sion.
Mr. Strucko s aid that from listening to the speakers and reading the staff report and looking at some of the
information that he has several questions. He wrestles with the notion of Albemarle County maintaining its rural
character and to allow folk s to farm and use their land as they s ee fit. But, as soon as the land is subdivided and
that lot is put on the market he w as also c ons idering that consumer and what rights he should have. That parcel’s
consumer should have s ome guarantees that protect their public health, safety and welfare. As he reads the
resolution that was unanimously adopted by the Board of Supervisors that is how it starts. So he was wrestling w ith
the County continuing to impose restrictions, which he felt were standards that the purchaser of the lot should
expect when the lot was placed on the market. H e asked if this road requirement that minimum standard. He
asked if the standard includes impervious surface.
Mr., Fritz replied that the standard for 2 to 5 lots proposed w ould be a 14’ travel way and would only be pav ed if the
grade exceeded 7 perc ent. It would be gravel otherwise.
Ms. Joseph asked if family divisions can be done without any restrictions.
Mr. Fritz replied that the proposal has no effect on family division. It w ould still require reasonable passage by a
passenger vehicle as currently required in the ordinanc e.
Ms. Joseph asked if the farmer needed the $100,000 he could subdivide the land as a family divis ion and sell it to a
family member.
Mr. Fritz replied that was c orrect.
Ms. Porterfield said that the C ommission heard from some C ounty residents that this will truly affect their ability to
sell off land. She asked staff to address that issue.
Mr. Fritz replied that this does not affect development rights. This is a design standard and does not affect the
utilization of development rights. C urrently for 3 to 5 lots, the road has to meet X standard. What is being propos ed
is for 2 to 5 lots to meet that standard.
Mr. Cannon noticed that the elected officials made a unanimous decision to bring forth this resolution. He assumed
that there was a s et of facts and concerns that gave rise to this resolution. H e asked staff to summarize or explain
that information. He as sumed it has to do with the purpose and intent to provide for orderly subdiv ision, minimize
the points of acc ess on public roads and to bring roads that are going to be used to open up land to develop to meet
a standard. H e asked what other things lead to this proposal.
Mr. Fritz replied that the Board asked s taff to come before them and explain how three separate provisions of the
ordinanc e w ere applied on a day to day basis and what the res ulting developments were. The first w as the twostep
process where there were two large lots and further division of those lots. The other was what the road standards
were. The other prov ision had to do with frontage for the rear lot. Staff is only bringing two of the three before the
Commis sion tonight. The Board asked staff to explain how the ordinance allows development to oc cur in the
County. That is the res olution that staff has brought before the Planning Commission tonight.
Ms. Porterfield asked if there was consideration of safety for fire department and police access to thes e lots.
Mr. Fritz replied that Board acknow ledged that the road standard is a higher standard to provide improved access .
But, he was not sure of the particulars on it.
Ms. Joseph asked for c omments from Mr. Loach and Mr. Strucko from their experience in their volunteer fire/resc ue
service. She noted that the County does spend money on rescue squads and the equipment. She would like to
hear about the conditions of these roads .
Mr. Strucko said that as a volunteer fire fighter at Earlysville Fire Department and member of Western Albemarle
Rescue Square that he has experienced many s ituations on rural roads w here they don’t know that a road is
substandard until they are actually confronted with a very narrow access point or driveway. There are many safety
issues involved. Occ asionally they have to abandon some of the bigger vehicles. There have been instances when
respons e time has been delayed due to s ubstandard road. It is more of a safety iss ue particularly for larger vehic les
such as pumper truck s.
Mr. Loach said that he was a volunteer fire fighter w ith C rozet Fire Department. W hen someone calls 911 they
expect s omeone to show up. H e voiced concerns about the safety of the consumer and the members risking their
lives in the truc ks from substandard roads. Not only are they risking the lives of the fire fighters, but the cos t of the
trucks is enormous. It is a problem. So if they are s etting a standard for safety for the consumer, then he supported
the notions presented.
Mr. Kamptner noted that the one thing this text amendment does is clos e an inconsistency . Several months ago the
Board adopted the ordinance that es tablishes drivew ay standards. One of the things that drove that was to have
standards to ensure that emergency v ehicles c ould reach hous es on drivew ays. The standard that ex ists right now
for twolot subdivisions is not a standard that requires access by emergency vehicles. So there is an inconsistency
between the existing and the current driv eway standards . What came out of the driveway text amendment was the
example given by fire/resc ue and it touches on one of the issues that a speak er raised if they w ant to die because
an emergency vehicle c an’t reach then that it is their right. Fire/rescue pointed out that the house that is not
accessible might catc h on fire and that fire might s pread if the emergency vehicle can’t reach that house. That w as
one of the public concerns that Fire/res cue had in supporting the driveway standards.
Motion: Mr. C annon moved and Mr. Edgerton seconded for approval of the resolution of intent put forw ard in STA
20080001 RA 2 Lot Road Standards/SPOA as presented.
Ms. Joseph noted that it was the actual text that they w ere talking about.
Mr. Morris replied that it was the zoning text in Attachment C .
Ms. Joseph pointed out that this action affects her because she has five development rights. Therefore, she was
not sitting here imposing regulations on people that she w as not imposing on herself.
The motion passed by vote of 7:0.
Mr. Morris said that STA20080001, RA 2 Lot Road Standards/SPOA will go to the Board of Supervisors with a
recommendation for approval at a time to be determined with the follow ing proposed ordinance language set out in
materials distributed on 8/26/08 as Attachment C for STA200800001 RA 2 Lot Road Standard/SPOA
ORDINAN CE N O. 0814
AN ORDIN ANCE TO AMEND CHAPTER 14, SU BDIVISION OF LAND , AR TICLE IV, ONSITE
IMPROVEMENTS AN D D ESIGN, OF THE C ODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT OR DAIN ED By the Board of Supervisors of the County of Albemarle, Virginia, that C hapter 14, Subdivision of
Land, Article IV, OnSite Improvements and Design, is hereby amended and reordained as follows:
By Amending:
Sec. 14404 Lot location to allow acc ess from lot onto street or shared driveway
Sec. 14412 Standards for private s treets only
Sec. 14434 Completion of onsite improvements required prior to plat approval
Chapter 14. Subdivision of Land
Article IV. OnSite Improvements and Design
Sec. 14404 Lot location to allow access from lot onto street or shared driveway.
Each lot within a s ubdivision shall be located as follows:
A. The first subdiv ision plat approved for a parcel on and after [ins ert effective date] (hereinafter, the
“parent parcel”) shall es tablish a s ingle public or private street to provide access from an existing public or private
street outside of or adjac ent to the parent parcel to the lots within the s ubdivision. The street shall als o provide such
access for all future s ubdivisions within the boundaries of the parent parcel as it existed on [insert effective date].
The requirement of a single acces s street shall not apply to any subdivision whose streets and acc ess are subject
to section 14409.
AB. Each lot, other than a corner lot within the development areas, shall have reasonable access to the
building site from only one street, shared driveway or alley established at the s ame time as the subdivision or the
subdivision of the parent parcel as provided in subsection (A); provided that a lot may be located so that its drivew ay
enters only onto a public street abutting the subdivis ion if: (i) the commission grants a waiver under subsection (C );
(ii) the subdivider obtains an entranc e permit from the Virginia D epartment of Trans portation for the access; (iii) the
entranc e complies with the design standards set forth in sections 14410(F) and 14410(G); and (iv) the subdivider
demons trates to the agent prior to approval of the final plat that the waiver does not violate any covenants to be
recorded for the s ubdivision. For purposes of this s ection, the term “reas onable access” means a location for a
driveway or, if a drivew ay location is not prov ided, a location for a suitable foot path from the parking spac es
required by the zoning ordinance to the building site; the term “within the subdivision” means w ithin the exterior
boundary lines of the lands being divided.
B. If the subdivision is within the rural areas, all subsequent divisions of the residue shall enter only
onto such street(s) show n on the approved final plat and shall have no immediate access onto to any public street.
C . The requirements of this section may be waived by the commission as provided in section 14
225.1. In review ing a waiver request, the c ommission shall determine whether: (i) the c ounty engineer recommends
an alternative standard; or (ii) because of unusual size, topography, shape of the property, location of the property or
other unusual conditions, excluding the proprietary interests of the subdivider, strict applic ation of the applicable
requirements w ould result in s ignificant degradation of the property or to the land adjacent thereto. In approving a
waiver, the commission shall find that requiring the standard would not forward the purposes of this chapter or
otherwis e serve the public interest; and granting the waiver would not be detrimental to the public health, safety or
welfare, to the orderly development of the area, to s ound engineering practices, and to the land adjacent thereto. In
reviewing a waiver reques t, the commission may allow a substitute design of comparable quality, but differing from
that required, if it finds that the subdiv ider would achieve results w hich substantially satis fy the overall purposes of
this chapter in a manner equal to or exc eeding the desired effects of the requirement.
(§ 1836 (part), 9596, 82874; § 1839 (part), 9596, 101977, 51077, 82874; 1988 Code, §§ 1836, 1839; Ord.
98A(1), 8598, §§ 14500(C ), 14505; Ord. 0514(1), 42005, effectiv e 62005)
State law referenceVa. Code § 15.22241(5).
Sec. 14412 Standards for private streets only.
In addition to the minimum des ign requirements set forth in section 14410, the following minimum des ign
requirements shall apply to private streets authorized by this chapter:
A. Res idential private s treets. Eac h private street serving detached residential uses authorized under
sections 14232 or 14233 shall satisfy the following:
1. Streets serving two lots. Eac h private street s erving two (2) lots shall satis fy the following:
(i) easement or rightofway widths shall be thirty (30) feet minimum; (ii) the required materials and minimum depth of
base shall satisfy the minimum requirements described in the design standards manual; and (iii) the surveyor shall
include the following wording on the final plat: “The existing and/or proposed rightofway is of adequate width and
horizontal and vertical alignment to accommodate a travelw ay pas sable by ordinary passenger vehicles in all but
temporary extreme weather conditions, together with area adequate for maintenanc e of the travelw ay, as required by
section 14412 of the Albemarle County Code.”
21. Streets serv ing three two to five lots. Each private street serving three (3) two (2) to five
(5) lots shall satisfy the follow ing: (i) vertical centerline curv ature s hall meet a minimum design K value of five (5) for
crest curves and fifteen (15) for sag curves; (ii) sight distances shall not be less than one hundred (100) feet; (iii)
turnarounds shall be provided at the end of each street per American Association of State H ighw ay and
Transportation Officials guidelines; (iv) street easements or rightofway w idths shall be thirty (30) feet minimum; and
(v) the radius for horiz ontal curvature shall be forty (40) feet or greater, unless otherwis e authorized by this chapter.
Any standard in this paragraph (2) may be reduced to the standard for streets serving two (2) lots w here a drivew ay
departs from the street and two lots remain to be served, and a turnaround is provided. In addition, the follow ing
shall also apply:
(a) Private streets in the rural areas. For such private streets in the rural areas: (i)
travelway w idths shall be fourteen (14) feet minimum, with three (3) feet minimum shoulder widths , and a minimum
of four (4) feet from the edge of the shoulder to the ditch centerline; (ii) if any portion of the street exceeds seven (7)
percent in grade, the entire street shall be surfaced as required by Virginia Department of Transportation standards;
streets of lesser grade may use a grav el s urface.
(b) Private streets in the development areas. For such private streets in the
development areas: (i) an urban crosssection street design shall be prov ided, with a minimum width of twenty (20)
feet measured from the curb faces or such alternativ e des ign, including a street easement or rightofway width,
deemed adequate by the c ounty engineer to be equiv alent to or greater than the applicable standard in the des ign
standards manual, so as to adequately protect the public health, safety or w elfare; additional widths shall be
provided for gutters to control drainage at the discretion of the county engineer; and (ii) the entire s treet shall be
surfaced as required by Virginia Department of Trans portation standards.
32. Streets serving six lots or more. Each private street serving six (6) or more lots shall
satisfy Virginia D epartment of Transportation standards, provided:
(a) Priv ate s treets in the rural areas . For such priv ate streets in the rural areas, the
commis sion may approv e Virginia Department of Transportation standards for mountainous terrain if the subdivider
demons trates, for a specific, identifiable reason, the general welfare, as opposed to the proprietary interests of the
subdivider, would be better served by the application of those standards .
(b) Private streets in the development areas. For such private streets in the
development areas, the agent may approve Virginia Department of Transportation s tandards for mountainous terrain
or an alternativ e standard deemed adequate by the county engineer to be equivalent to or greater than the applicable
standard in the design standards manual, so as to adequately protect the public health, safety or welfare.
43. Streets serv ing family or twolot subdivisions. Each priv ate street authoriz ed to serve a
family subdivision under section 14232(B)(1) or a tw olot subdivision under section 14232(B)(2) shall satisfy the
following: (i) easement or rightofway w idths shall be ten (10) feet minimum; and (ii) the surveyor shall include the
following wording on the plat: “The exis ting and/or proposed rightofway is of adequate width and horizontal and
vertical alignment to acc ommodate a travelw ay pas sable by ordinary passenger vehicles in all but temporary
extreme weather conditions, together with area adequate for maintenance of the travelw ay, as required by section
14412 of the Albemarle County Code.”
B. Private streets serving nonresidential, nonagricultural, attached residential, multiunit residential
and combined residential and nonres idential uses. Each private s treet authoriz ed to serve nonresidential, non
agricultural, attached residential, multiunit residential and combined residential and nonresidential uses under
sections 14232 or 14233 shall satisfy Virginia Department of Transportation standards or an alternative standard
deemed adequate by the agent, upon the recommendation of the county engineer, to be equivalent to or greater than
the applic able standard in the design standards manual, so as to adequately protect the public health, safety or
welfare. The agent may require minimum travelway widths to provide for onstreet parking upon a determination that
the provisions for offstreet parking may be inadequate to reasonably preclude unauthorized onstreet parking.
C . Clearing land for improvements. A private street constructed to Virginia Department of
Transportation standards shall not be subject to that department’s clear zone requirements.
D. Landsc aping and other improvements permitted. Subsequent to construction of a private street, a
subdivider may install ornamental plantings and any other improvements provided that they do not conflict w ith sight
distance, drainage facilities or other required improvements.
E. Waiver. The requirements of section 14412(A)(2)(a) 14412(A)(1)(a) relating to street easement or
rightofway widths may be waiv ed by the commission as provided in section 14225.1. In reviewing a waiv er
request for a lesser street easement or rightofway width, the commis sion shall consider w hether: (i) the subdivis ion
will be s erv ed by an ex isting easement or rightofway of fixed width that cannot be widened by the subdivider after
documented good faith effort to acquire additional w idth; and (ii) the existing eas ement or rightofw ay width is
adequate to acc ommodate the required travelw ay and its maintenanc e. If the w aiver pertains to minimum street
easement or rightofway widths ov er an existing bridge, dam or other structure, the commiss ion shall consider
whether: (i) the longterm environmental impacts resulting from not w idening the bridge, dam or other structure
outweigh complying w ith the minimum width requirements, as determined by the county engineer; or (ii) whether the
bridge, dam or other structure is a historical structure. In approving a waiver, the commission shall find that
requiring the standard street easement or rightofway widths would not forw ard the purposes of this chapter or
otherwis e serve the public interest; and granting the w aiver would not be detrimental to the public health, safety or
welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto.
(§ 1836, 9596, 82874; § 1837, 9596, 112179, 32978, 82874(part); 1988 Code, §§ 1836, 1837, 1838; Ord.
98A(1), 8598, § 14514; Ord. 0214(1), 2602; Ord. 0514(1), 42005, effective 62005)
State law referenceVa. Code § 15.22242(3).
Sec. 14434 C ompletion of onsite improvements required prior to plat approval.
Except as provided in section 14435, all onsite improvements required by this chapter, other than a private
street authorized under s ection 14232(B)(1), 14232(B)(2), 14233(A)(2) or 14433(B)(2) serving less
than three (3) lots, shall be completed prior to approval of the final plat. Prior to approv al of the final plat:
A. The subdivider shall submit to the agent a certificate of completion of all of the improvements
prepared by a profess ional engineer or a land surveyor, to the limits of his license; and
B. The subdivider shall certify to the agent that all of the construction costs for the improvements,
including those for materials and labor, have been paid to the person constructing the improvements.
9596, 121582, 42176, 21976, 82874 (§ 3); 1988 Code, § 1818; Ord. 98A(1), 8598, § 14412; Ord. 0514(1),
42005, effective 62005)
State law referenceVa. Code § 15.22241(9).
I, Ella W. Jordan, do hereby certify that the foregoing w riting is a true, correc t copy of an Ordinance duly adopted by
the Board of Superv isors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded below , at a regular
meeting held on _________________________.
__________________________________ Clerk,
Board of County Supervisors
Aye Nay
Mr. Boy d ____ ____
Mr. Dorrier ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Slutzky ____ ____
Ms. Thomas ____ ____
Go to next set of minutes
Return to exec summary
Albemarle C ounty Planning C ommission
October 7, 2008
Public Hearing Items:
STA200800001 R ural Areas 2lot Street Standards
Amend Sections 14207, Rural subdivisions, 14404, Lot location to allow access from lot onto street or
shared driveway, 14412, Standards for private streets only, and 14434, C ompletion of onsite
improvements required prior to plat approval, of C hapter 14, Subdivision of Land, of the Albemarle County
C ode. This ordinance would amend Sec. 14207 by making rural subdivisions subject to Sec. 14404;
Sec. 14404 by requiring that the first subdivision plat approved for a parcel after the effective date of this
ordinance (the “parent parcel”) must establish a single public or private access from an existing public or
private street outside of the parent parcel to the lots within the subdivision, and would require that the
proposed street provide such access for all future subdivisions within the parent parcel, and would delete
the requirement that all subsequent divisions of the residue enter only onto such streets show n on the
approved final plat and have no immediate access onto any public street; Sec. 14412 by deleting the
standard for residential private streets serving 2 lots and requiring such streets to meet the standard
currently required for streets serving 3 to 5 lots; Sec. 14434 by deleting the exception for certain private
streets from the requirement that all onsite improvements be completed prior to approval of the final plat
w here surety in lieu of completion of the improvements is not authorized. A copy of the full text of the
ordinance is on file in the office of the C lerk of the Board of Supervisors and in the D epartment of
C ommunity D evelopment, County Office Building, 401 McIntire R oad, Charlottesville, Virginia. (Amelia
McCulley)
Mr. Fritz separated the request into two parts because there are two main areas of this proposal. The first
part is a single point of access component, and the other is the road standard. This is a rehashing of an
action that was taken on February 6, 2008. There are two amendments being proposed the twolot road
standard and the single point of access. H e made a powerpoint presentation and reviewed the staff
report.
Mr. Morris asked if the items w ould be taken separately.
Mr. Fritz replied that the Planning C ommission can take a single action, but the presentation w ill be done
separately so there can be two separate conversations.
The proposal is to require all subdivisions of property from an effective date forw ard to share the
same point of access, a single entrance. Why is this back before the Commission? Frankly, staff
told the C ommission w hat the ordinance would do, but forgot to actually write the ordinance to do
that. Therefore, staff made a mistake and now is adding that language. Staff is proposing a
section that will require rural divisions to comply w ith Section 14404, w hich is the section being
amended. The purpose of this amendment is to reduce the number of entrances onto a public
road and thereby reduce conflict points for accidents. By reducing the number of access roads
serving a property, the resulting roads would meet a higher construction standard and private road
maintenance will be shared amongst more properties. These changes do not impact family
divisions or developmentarea shared driveways.
What happens is that a large parcel is divided into Parcel A and Parcel B. This is a rural division,
and each lot is approved with a separate entrance onto the public street. Subsequent subdivisions
occur where Parcel A is divided into a front and back division served by a private street serving
parcels A1 and A2. Another subdivision w ould subdivide Parcel B into B1 and B2 w ith a private
street that serves those tw o. Under the proposed ordinance, there would be a single entrance.
Waivers from the Commission are available.
Staff recommends that the Commission adopt the revised subdivision text amendment that is
Attachment B. This subdivision text amendment is set for a public hearing with the Board of
Supervisors on November 12. The ordinance codifies w hat staff described in its August
presentation to the Commission.
Ms. Joseph asked w hat section they w ere looking at and where are the changes.
Mr. Fritz noted that the only changes from the material presented to the Commission in August w ere in
Section 14207(d) in 14404.
Ms. Joseph noted that the big concern expressed by the public after the last meeting w as the Highway
D epartment and that this w ould stop rural development because of H ighw ay Department requirements.
She questioned if it had something to do w ith sight distance. With a single point of access it has to have a
certain sight distance. A driveway does not have a sight distance requirement.
Mr. Fritz noted that on the slide w here Parcel A and Parcel B are divided and Parcel A is further divided,
the lots are served either by one or tw o access points. Therefore, the VD OT standard is going to be the
privatestreet access. If on the other hand the ordinance w as amended, all four of the lots w ould require
that a single point of access be used for the property as it exists now and all subsequent divisions of the
property w ould have to use that access. There would be four lots accessing a single point. That would
require a commercial entrance, w hich does have higher entrance requirements.
Ms. Joseph said that in essence it is supposed to be a safer entrance for all of the four residents that are
using it.
Mr. Fritz agreed that it improved the sight distance.
Ms. Porterfield asked if family subdivisions would be the only properties not affected by this change.
Mr. Fritz replied that this will not apply to family subdivisions. There is also an exemption to a different
provision of the ordinance regarding interparcel connections in the development areas. What you would
have is one section of the ordinance saying have multiple connections and another section of the
ordinance saying that you will only get one. Staff removed that conflict.
Ms. Porterfield questioned why family divisions w ere not included.
Mr. Fritz said that if a family division occurs and it is held for four years and the family chose to further
divide that property, then it would be subject to this regulation. That would not be a family division.
Mr. Strucko asked if no upgrades to different standards would have to be made.
Mr. Fritz replied that is correct.
Mr. Edgerton asked if the State Code would prohibit the C ommission from applying this to family divisions.
Mr. Kamptner noted that because Albemarle C ounty is a highgrowth locality, the County can establish the
regulations they desire.
Mr. Loach asked for clarification that this came out of the resolution of intent dated February 6, 2008 from
the Board of Supervisors as Attachment A.
Mr. Fritz replied that it was the resolution of intent that was included in the packet dated February 6, 2008,
w hich w as supported by the Board of Supervisors.
Mr. Loach asked if there was a provision for a w avier of this requirement.
Mr. Fritz replied a w aiver could be requested.
Mr. Loach asked if this was done in accordance with Fire/R escue officials.
Mr. Fritz replied that Fire/Rescue issues were included in road standards. Single point of access does not
have much to do with the road standards that were developed in association with Fire/R escue and
engineers.
Ms. McCulley noted that the indirect positive impact and basic planning concept behind restricting access
is reducing the number of conflict points along a highw ay. Each conflict point could create an accident. In
terms of public safety, this a better solution than allow ing as many entrances as the frontage allowed.
Mr. Morris asked staff if they w ant to take the second part for public input.
Mr. Fritz noted that the second part deals with the standard of the road once you get past the actual
entrance.
There is a current provision in the Zoning Ordinance that says when a building permit application is
made, certain design standards must be met for the access to that new dwelling. These standards
were created in association w ith Fire/Rescue. The current Zoning Ordinance has road standards
that apply to roads serving three or more lots. The draft ordinance w ould make that tw o or more
lots. Currently if you have two lots, the road standard is simply reasonable access by motor vehicle.
The Zoning Ordinance lotaccess standards are more restrictive in some respects than the
subdivision road standards. Particularly, the maximum grade is 16 percent and there is a minimal
vertical clearance of 14’. Private streets in the rural area currently do not have that requirement.
Ms. McC ulley has provided a very good table in the packet. It compares the provisions for
driveways, 2lot subdivision, 3lot to 5lot subdivision and 6 or more lots. If you look at the
maximum grade for driveways, there is a 16 percent grade. But there is no maximum grade for 2
lot or 3to5 lot subdivision roads. When you get over 7 percent, it is required to be paved. But
there is no maximum grade. In the 3to5 lot standard there is a minimum surface requirement
with a 14’ w ide gravel travel way. But, there is no similar standard for a drivew ay.
C onsideration of Differences –
Could a current subdivision approval result in a lot design and/or road that w ill not meet driveway
standards for issuance of a building permit? The answ er to that question is yes.
If driveway standards are based on access by public vehicles, should the subdivision road also
meet this standard? That question is one for the Commission to consider.
Options for the C ommission
Separate the roadstandard issue for further discussion and allow the SPOA Subdivision
Amendment to move forw ard; OR
Recommend a revision of the road standard (w here less restrictive than the driveway standard) to
be incorporated into the pending STA2008001.
Or, the Commission could make no changes to the draft Subdivision Text Amendment. The draft
Subdivision text is to simply apply the 3to5 lot standard to 2 lots, thereby becoming a 2to5 lot
standard.
Mr. Edgerton asked if the current drivew ay maximum grade of 16 percent does not even apply to the 3to
5 lots.
Mr. Fritz replied that was correct.
Mr. Edgerton said the second alternative is to get these into alignment before they approve them. H e said
w hat w ould change here is that they w ould have 16 percent listed for a new box that would say 2to5 lots.
Mr. Fritz replied that was correct.
Mr. Morris opened the public hearing and invited public comment. There being none, the public hearing
w as closed and the matter came back before the C ommission.
Ms. Joseph said that it sounds as if they are just cleaning up something that they missed the first time
around w ith the rural areas insertion. It makes perfect sense if they are going to have high standards for
driveways that they ought to have that same standard for the entry going into it. Therefore, she could
support both.
Mr. Edgerton asked if she was recommending a revision of the road standard (w here less restrictive than
the driveway standard) to be incorporated into the pending STA2008001. H e asked if that was
something that w ould send everybody back to square one and start over again.
Mr. Fritz noted that if the C ommission’s intent is to give staff direction to incorporate the driveway
standards into the 2to5 lot standard, they can get the language right before it goes to the Board.
Mr. Edgerton asked if that would include up to 16 percent grade and the 14’ high vertical grade to
accommodate equipment such as a fire truck.
Mr. Fritz replied yes.
Ms. McCulley noted that they would still be able to keep this on the November 12 Board of Supervisors
public hearing date.
Mr. Edgerton noted that there were a lot of members of the public that were present at the w ork session
that are not here tonight. He questioned if there was a notice requirement that they have to w orry about.
Mr. Fritz noted that staff had been instructed that no additional public notice was needed.
Mr. Edgerton suggested that this was the most appropriate way to move ahead.
Ms. McCulley questioned if they need to provide additional legal notice.
Mr. Kamptner replied no, that the notice has been provided and the Commission is making its
recommendation. These changes are not any of the types of things that would trigger the need for
additional notice at the Planning C ommission stage.
Motion: Ms. Joseph moved and Mr. Edgerton seconded to recommend approval of STA20080001
R ural Areas 2lot Street Standards and Lot Access Driveway Standards to the Board of Supervisors as
recommended by staff, amended as follows:
Include revised text on SPOA (single point of access), and
Include a revision of the private road standard for revision for grade and vertical clearance to be
consistent w ith the driveway standard.
The motion passed by a vote of 6:0. (C annon absent)
Mr. Morris noted that STA20080001 Rural Areas 2lot Street Standards and Lot Access D riveway
Standards w ould go before the Board of Supervisors on November 12 w ith a recommendation for
approval w ith the resolution of intent as follow s:
OR DINANC E NO. 0814( )
AN OR DINANCE TO AMEN D CHAPTER 14, SU BDIVISION OF LAN D, ARTICLE II,
ADMINISTR ATION AND PR OCEDU R E, AR TICLE IV, ON SITE IMPR OVEMENTS AN D D ESIGN, OF
TH E COD E OF THE C OUN TY OF ALBEMARLE, VIR GINIA
BE IT OR DAIN ED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 14,
Subdivision of Land, Article II, Administration and Procedure, and Article IV, OnSite Improvements and
D esign, are hereby amended and reordained as follows:
B y Amending:
Sec. 14207 Rural subdivisions
Sec. 14404 Lot location to allow access from lot onto street or shared drivew ay
Sec. 14412 Standards for private streets only
Sec. 14434 Completion of onsite improvements required prior to plat approval
Chapter 14. Subdivision of Land
Article II. Administration and Procedure
Sec. 14207 R ural subdivisions
The following sections of this chapter shall apply to each rural subdivision:
A. General: Sections 14100 through 14108.
B. Administration and procedure: Sections 14200 through 14204 and sections 14209, 14
226, 14229 and 14236.
C. Plat requirements and documents to be submitted: Sections 14300, 14301, 14302(A)(1),
(3), (4), (5), (6), (7), (9), (10), (11), (14) and (15), 14302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14
303(A), (B), (C), (D), (E), (F), (H), (I), (L), (O) and (P), 14304, 14305(B), 14308.1, 14309, 14310, 14
312, 14314 and 14316.
D. Onsite improvements and design: Sections 14400, 14403, 14404, 14406, 14414, 14
416, 14421, 14426, 14427, 14433 and 14438.
(9596, 7986, 122183, 2481, 5279, 111374, 82874; 1988 Code, § 1813(b); Ord. 98A(1), 715
98; Ord. 0514(1), 42005, effective 62005)
State law referenceVa. Code § 15.22241(9).
A rticle IV. OnSite Improvements and Design
Sec. 14404 Lot location to allow access from lot onto street or shared driveway.
Each lot w ithin a subdivision shall be located as follows:
A. The first subdivision plat approved for a parcel on and after [insert effective date]
(hereinafter, the “parent parcel”) shall establish a single public or private street to provide access from an
existing public or private street outside of or adjacent to the parent parcel to the lots within the subdivision.
The street shall also provide such access for all future subdivisions within the boundaries of the parent
parcel as it existed on [insert effective date]. The requirement of a single access street shall not apply to
any subdivision w hose streets and access are subject to section 14409.
AB. Each lot, other than a corner lot within the development areas, shall have reasonable
access to the building site from only one street, shared driveway or alley established at the same time as
the subdivision or the subdivision of the parent parcel as provided in subsection (A); provided that a lot
may be located so that its driveway enters only onto a public street abutting the subdivision if: (i) the
commission grants a waiver under subsection (C ); (ii) the subdivider obtains an entrance permit from the
Virginia Department of Transportation for the access; (iii) the entrance complies with the design standards
set forth in sections 14410(F) and 14410(G); and (iv) the subdivider demonstrates to the agent prior to
approval of the final plat that the w aiver does not violate any covenants to be recorded for the subdivision.
For purposes of this section, the term “reasonable access” means a location for a driveway or, if a
driveway location is not provided, a location for a suitable foot path from the parking spaces required by
the zoning ordinance to the building site; the term “within the subdivision” means w ithin the exterior
boundary lines of the lands being divided.
B. If the subdivision is w ithin the rural areas, all subsequent divisions of the residue shall enter
only onto such street(s) shown on the approved final plat and shall have no immediate access onto to any
public street.
C. The requirements of this section may be waived by the commission as provided in section
14225.1. In review ing a waiver request, the commission shall determine whether: (i) the county engineer
recommends an alternative standard; or (ii) because of unusual size, topography, shape of the property,
location of the property or other unusual conditions, excluding the proprietary interests of the subdivider,
strict application of the applicable requirements w ould result in significant degradation of the property or to
the land adjacent thereto. In approving a waiver, the commission shall find that requiring the standard
w ould not forw ard the purposes of this chapter or otherw ise serve the public interest; and granting the
w aiver would not be detrimental to the public health, safety or w elfare, to the orderly development of the
area, to sound engineering practices, and to the land adjacent thereto. In review ing a waiver request, the
commission may allow a substitute design of comparable quality, but differing from that required, if it finds
that the subdivider w ould achieve results which substantially satisfy the overall purposes of this chapter in
a manner equal to or exceeding the desired effects of the requirement.
(§ 1836 (part), 9596, 82874; § 1839 (part), 9596, 101977, 51077, 82874; 1988 Code, §§ 1836,
1839; Ord. 98A(1), 8598, §§ 14500(C), 14505; Ord. 0514(1), 42005, effective 62005)
State law referenceVa. Code § 15.22241(5).
Sec. 14412 Standards for private streets only.
In addition to the minimum design requirements set forth in section 14410, the following minimum
design requirements shall apply to private streets authorized by this chapter:
A. R esidential private streets. Each private street serving detached residential uses
authorized under sections 14232 or 14233 shall satisfy the following:
1. Streets serving two lots. Each private street serving tw o (2) lots shall satisfy the
follow ing: (i) easement or rightofway widths shall be thirty (30) feet minimum; (ii) the required materials
and minimum depth of base shall satisfy the minimum requirements described in the design standards
manual; and (iii) the surveyor shall include the following wording on the final plat: “The existing and/or
proposed rightofway is of adequate width and horizontal and vertical alignment to accommodate a
travelw ay passable by ordinary passenger vehicles in all but temporary extreme weather conditions,
together with area adequate for maintenance of the travelway, as required by section 14412 of the
Albemarle County C ode.”
21. Streets serving three tw o to five lots. Each private street serving three (3) two (2)
to five (5) lots shall satisfy the following: (i) vertical centerline curvature shall meet a minimum design K
value of five (5) for crest curves and fifteen (15) for sag curves; (ii) sight distances shall not be less than
one hundred (100) feet; (iii) turnarounds shall be provided at the end of each street per American
Association of State Highway and Transportation Officials guidelines; (iv) street easements or rightofw ay
w idths shall be thirty (30) feet minimum; and (v) the radius for horizontal curvature shall be forty (40) feet
or greater, unless otherwise authorized by this chapter. Any standard in this paragraph (2) may be
reduced to the standard for streets serving two (2) lots where a drivew ay departs from the street and tw o
lots remain to be served, and a turnaround is provided. In addition, the follow ing shall also apply:
(a) Private streets in the rural areas. For such private streets in the rural areas:
(i) travelway widths shall be fourteen (14) feet minimum, with three (3) feet minimum shoulder w idths, and
a minimum of four (4) feet from the edge of the shoulder to the ditch centerline; (ii) if any portion of the
street exceeds seven (7) percent in grade, the entire street shall be surfaced as required by Virginia
D epartment of Transportation standards; streets of lesser grade may use a gravel surface.
(b) Private streets in the development areas. For such private streets in the
development areas: (i) an urban crosssection street design shall be provided, w ith a minimum w idth of
twenty (20) feet measured from the curb faces or such alternative design, including a street easement or
rightofw ay w idth, deemed adequate by the county engineer to be equivalent to or greater than the
applicable standard in the design standards manual, so as to adequately protect the public health, safety
or welfare; additional widths shall be provided for gutters to control drainage at the discretion of the county
engineer; and (ii) the entire street shall be surfaced as required by Virginia D epartment of Transportation
standards.
32. Streets serving six lots or more. Each private street serving six (6) or more lots
shall satisfy Virginia Department of Transportation standards, provided:
(a) Private streets in the rural areas. For such private streets in the rural areas,
the commission may approve Virginia Department of Transportation standards for mountainous terrain if
the subdivider demonstrates, for a specific, identifiable reason, the general welfare, as opposed to the
proprietary interests of the subdivider, would be better served by the application of those standards.
(b) Private streets in the development areas. For such private streets in the
development areas, the agent may approve Virginia Department of Transportation standards for
mountainous terrain or an alternative standard deemed adequate by the county engineer to be equivalent
to or greater than the applicable standard in the design standards manual, so as to adequately protect the
public health, safety or welfare.
43. Streets serving family or twolot subdivisions. Each private street authorized to
serve a family subdivision under section 14232(B)(1) or a twolot subdivision under section 14232(B)(2)
shall satisfy the follow ing: (i) easement or rightofway widths shall be ten (10) feet minimum; and (ii) the
surveyor shall include the following w ording on the plat: “The existing and/or proposed rightofway is of
adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary
passenger vehicles in all but temporary extreme w eather conditions, together with area adequate for
maintenance of the travelway, as required by section 14412 of the Albemarle County Code.”
B. Private streets serving nonresidential, nonagricultural, attached residential, multiunit
residential and combined residential and nonresidential uses. Each private street authorized to serve
nonresidential, nonagricultural, attached residential, multiunit residential and combined residential and
nonresidential uses under sections 14232 or 14233 shall satisfy Virginia Department of Transportation
standards or an alternative standard deemed adequate by the agent, upon the recommendation of the
county engineer, to be equivalent to or greater than the applicable standard in the design standards
manual, so as to adequately protect the public health, safety or welfare. The agent may require minimum
travelw ay w idths to provide for onstreet parking upon a determination that the provisions for offstreet
parking may be inadequate to reasonably preclude unauthorized onstreet parking.
C. C learing land for improvements. A private street constructed to Virginia Department of
Transportation standards shall not be subject to that department’s clear zone requirements.
D. Landscaping and other improvements permitted. Subsequent to construction of a private
street, a subdivider may install ornamental plantings and any other improvements provided that they do not
conflict with sight distance, drainage facilities or other required improvements.
E. Waiver. The requirements of section 14412(A)(2)(a) 14412(A)(1)(a) relating to street
easement or rightofway widths may be waived by the commission as provided in section 14225.1. In
reviewing a w aiver request for a lesser street easement or rightofw ay w idth, the commission shall
consider whether: (i) the subdivision will be served by an existing easement or rightofw ay of fixed w idth
that cannot be w idened by the subdivider after documented good faith effort to acquire additional w idth;
and (ii) the existing easement or rightofw ay w idth is adequate to accommodate the required travelway
and its maintenance. If the waiver pertains to minimum street easement or rightofway widths over an
existing bridge, dam or other structure, the commission shall consider whether: (i) the longterm
environmental impacts resulting from not widening the bridge, dam or other structure outw eigh complying
w ith the minimum w idth requirements, as determined by the county engineer; or (ii) w hether the bridge,
dam or other structure is a historical structure. In approving a waiver, the commission shall find that
requiring the standard street easement or rightofway widths would not forward the purposes of this
chapter or otherwise serve the public interest; and granting the waiver w ould not be detrimental to the
public health, safety or welfare, to the orderly development of the area, to sound engineering practices,
and to the land adjacent thereto.
(§ 1836, 9596, 82874; § 1837, 9596, 112179, 32978, 82874(part); 1988 Code, §§ 1836, 18
37, 1838; Ord. 98A(1), 8598, § 14514; Ord. 0214(1), 2602; Ord. 0514(1), 42005, effective 620
05)
State law referenceVa. Code § 15.22242(3).
Sec. 14434 C ompletion of onsite improvements required prior to plat approval.
Except as provided in section 14435, all onsite improvements required by this chapter, other than
a private street authorized under section 14232(B)(1), 14232(B)(2), 14233(A)(2) or 14433(B)(2)
serving less
than three (3) lots, shall be completed prior to approval of the final plat. Prior to approval of the final plat:
A. The subdivider shall submit to the agent a certificate of completion of all of the
improvements prepared by a professional engineer or a land surveyor, to the limits of his license; and
B. The subdivider shall certify to the agent that all of the construction costs for the
improvements, including those for materials and labor, have been paid to the person constructing the
improvements.
9596, 121582, 42176, 21976, 82874 (§ 3); 1988 Code, § 1818; Ord. 98A(1), 8598, § 14412;
Ord. 0514(1), 42005, effective 62005)
State law referenceVa. Code § 15.22241(9).
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle C ounty, Virginia, by a vote of _____ to _____, as
recorded below, at a regular meeting held on _________________________.
__________________________________
C lerk, Board of County Supervisors
Aye N ay
Mr. Boyd ____ ____
Mr. Dorrier ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Slutzky ____ ____
Ms. Thomas ____ ____
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA2008002. Planned Developments and Neighborhood Model District.
SUBJECT/PROPOSAL/REQUEST:
Amend the Zoning Ordinance to bring titles and other references in
conformity with current Community Development job titles and current zoning
references, to clarify how amendments to PDs can be made, to address
vesting of old projects, to change timing for a parking study, and to reduce
the architectural information required for NMDs.
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Kamptner, Graham, and Cilimberg, and Ms.
Echols
LEGAL REVIEW: Yes
AGENDA DATE:
October 14, 2009
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
On August 5, 2009, the Board held a worksession on the proposed changes to the Planned Development District and Neighborhood Model District regulations.
The Board discussed the proposal, recommended no changes and asked staff to set a public hearing for the next available public hearing date. The executive
summary dated July 1, 2009, which was deferred until August 5, 2009, is available online with all of its attachments:
http://www.albemarle.org/upload/images/Forms_Center/Departments/Board_of_Supervisors/Forms/Agenda/2009Files/20090701/ZTA200802PDExecSummary.htm.
A summary of all of the proposed changes is included as Attachment C.
STRATEGIC PLAN:
Goal 1: Enhance the Quality of Life; Goal 4: Effectively Manage Growth and Development.
DISCUSSION:
Minor changes for clarity have been made to the draft ordinance the Board reviewed on August 5, 2009. Sections 8.2(b)(1) and 8.2(b)(3), which pertain to waivers,
were revised to consolidate the required findings in one subsection and clarify that the applicant must submit information that addresses the required findings.
Section 8.5.1(c)(5), which pertains to the maps submitted with an application plan, was amended to change the phrase “adjacent parcels” to “abutting parcels”
since staff requires only information regarding parcels physically touching the land proposed for rezoning . Sections 8.5.5.5(a) and (b), which pertain to the
applicable procedure when the planned development district was established without an application plan, were modified to refer to a subdivision plat or site plan
that was valid at the time of the rezoning, or was approved in conjunction with the rezoning.
BUDGET IMPACT:
This zoning text amendment is expected to reduce staff time related to regulating architecture and the timing of review of parking studies. An increase in staff
time may be experienced in reviewing and making determinations relative to vesting.
RECOMMENDATIONS:
After conducting a public hearing, staff recommends the Board adopt the attached ordinance.
ATTACHMENTS
A – Draft Ordinance
B – July 1, 2009/August 5, 2009 Executive Summary
C – Proposed Changes to Planned Development Section of Zoning Ordinance and Neighborhood Model Section of Zoning Ordinance, September 30, 2009
Return to regular agenda
Attachment A
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1
ORDINANCE NO. 09-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, 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, and Article III, District Regulations, are hereby
amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 8.2 Relation of planned development regulations to other zoning regulations
Sec. 8.3 Planned development defined
Sec. 8.5.1 Applications and documents to be submitted
Sec. 8.5.2 Preapplication conferences
Sec. 8.5.3 Review and recommendation by the planning commission
Sec. 8.5.4 Review and action by the board of supervisors
Sec. 8.5.5 Final site plans and subdivision plats
Sec. 8.5.5.1 Contents of site plans and subdivision plats
Sec. 8.5.5.2 Review of site plans and subdivision plats
Sec. 8.5.5.3 Variations from approved plans, codes, and standards of development
Sec. 8.5.5.4 Building permits and erosion and sediment control permits
Sec. 8.5.5.5 Site plan and subdivision plat requirements for planned development zoning districts
established without an application or application plan
Sec. 8.6 Amendments to planned development districts
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.9 Green spaces, amenities, conservation areas and preservation areas
Sec. 20A.10 Streets
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Application plan: The graphic depiction of a proposed development containing the information required by
section 8.5.1(d)(e) and, within the neighborhood model district, section 20A.4. A plan designated and approved
as a general development plan for a neighborhood model district between March 19, 2003 and October 14, 2009
is an application plan for the purposes of this chapter. (Added 3-19-03)
. . .
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. (Added 3-19-03)
. . .
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. (Added 3-19-03)
Attachment A
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Article II. Basic Regulations
Sec. 8.2 Relation of planned development regulations to other zoning regulations Applicable regulations;
waivers and modifications
Planned developments shall be subject to the following regulations in this chapter:
a. Sections applicable. Unless expressly superseded by a regulation of the applicable planned
development district, Tthe regulations in section 8 shall apply to the establishment and regulation of all
planned development districts of this chapter, other than those pertaining to conventional development
districts stated in sections 10 through 18, 20B, 22, 23, 24, 27 and 28, shall apply to each planned
development district unless the subject matter is expressly addressed in the code of development under
section 20A.5, or the regulation is waived or modified as provided in subsection 8.2(b).
b. Waivers and modifications. An applicant may request that any requirement of sections 4, 5, 21, 26 and
32, or the applicable planned development district regulations be waived or modified if it is found to be
inconsistent with planned development design principles and that the waiver or modification is
consistent with the intent and purposes of the planned development district under the particular
circumstances. by the board of supervisors, as follows:
1. Submittal of request for waiver or modification. If the applicant requests such a waiver or
modification as part of the application plan, the applicant shall submit its request in writing as
part of the application plan, 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 how the findings required by subsection 8.2(b)(3) would
be satisfied.
2. Timing of request. Notwithstanding any regulation in sections 4, 5, 21, 26 or 32 establishing a
procedure for considering a waiver or modification, any request for such a waiver or
modification shall be reviewed and considered as part of the application plan. Nothing in this
section prohibits ; provided that an owner within a planned development from requesting may
request a waiver or modification of any requirement of sections 4, 5, 21, 26 or and 32 at any
time, under the procedures and requirements established therefore.
3. Findings. In addition to making the findings required for the granting of a waiver or
modification in sections 4, 5, 21, 26 or and 32, such a waiver or modification may be granted
only if it is also found: (i) to be consistent with the intent and purposes of the planned
development district under the particular circumstances, and satisfies all other applicable
requirements of section 8; (ii) to be consistent with planned development design principles; (iii)
that the waiver or modification would not adversely affect the public health, safety or general
welfare; and (iv) 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.
4. Express waiver or modification. Each waiver and modification must be expressly granted and
no waiver or modification shall be deemed to have been granted by implication.
(12-10-80; Ord. 03-18(2), 3-19-03; Ord. 05-18(5), 6-8-05)
Sec. 8.3 Planned development defined
A planned development is a development that meets all of the following criteria at the time it is established or
amended: (1) the land area proposed to be rezoned or the area within the planned development district is under
unified control and will be planned and developed as a whole; (2) the development is in general accord
Attachment A
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conforms with one or more approved application plans; and (3) in all planned development districts other than a
planned historic district, 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.
(12-10-80; Ord. 03-18(2), 3-19-03; Ord. 05-18(5), 6-8-05)
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 director of
planning 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 area to be rezoned showing the location and type
of boundary evidence and the source of the survey;
c. A map at a scale of not less than one (1) inch equal to one hundred (100) feet, provided that another
interval and/or scale may be required or permitted by the director of planning where the size of the area
proposed to be rezoned or topographic considerations warrant, showing:
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, cemeteries, 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 using the county’s geographic information system or better
topographical information, and the source of the topographical information;
3. Existing roads, easements, and utilities;
4. The existing owners and zoning district The name of the proposed development; the names of
all owners; the name of the developer, if different from the owner; the name of the person who
prepared the plan; all tax map and parcel numbers in fourteen (14) digit format; the zoning
district and all overlay zoning districts; the magisterial district; the north point; the scale; one
datum reference for elevation; if any part of the area proposed to be rezoned is within the flood
hazard overlay district (section 30.3), United States Geological Survey vertical datum shall be
shown and/or correlated to plan topography; sheet numbers on each sheet and the total number
of sheets; the date of the drawing; and the date and description of the last revision;
5. The present use of adjoining tracts abutting parcels; and the location of structures on adjoining
abutting parcels, if any; and departing lot lines; and
6. The existing location, type and size of ingress and egress to the site;
Attachment A
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d. A traffic impact statement meeting the requirements of state law including, but not limited to, 24 VAC
30-155-10 et seq.;
e. An application plan based on a minimum of two (2) data references for elevations to be used on plans
and profiles at a scale of not less than one (1) inch equal to one hundred (100) feet, provided that
another interval and/or scale may be required or permitted by the director of planning where the size of
the area proposed to be rezoned or topographic considerations warrant, 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 Conceptual grading/topography with a maximum of five (5) foot contour intervals
using the county’s geographic information system or better topographical information, and the
source of the topographical information, supplemented where necessary by spot elevations and
areas of the site where existing slopes are twenty-five (25) percent or greater;
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;
76. The general lay-out for the water and sewer systems, conceptual stormwater management, and a
conceptual mitigation plan;
87. 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;
98. A summary of land uses including dwelling types and densities, and the gross floor areas for
commercial and industrial uses;
109. The general A conceptual lot lay-out layout; and
1110. Standards for of 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.
(12-10-80; Ord. 03-18(2), 3-19-03)
Sec. 8.5.2 Preapplication conferences
Each applicant for a planned development shall attend a joint meeting with the planning, engineering, and
zoning staff of the department of community development 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.
Attachment A
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Each applicant is encouraged to use the guidance provided in 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.
(§ 8.5.3, 12-10-80; Ord. 03-18(2), 3-19-03)
(Former § 8.5.2 Planning Commission Procedures Repealed 3-19-03)
Sec. 8.5.3 Review and recommendation by the planning commission
Each application for to establish or amend a planned development district shall be reviewed and acted on 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 In addition to any other factors relevant to the consideration of a
zoning map amendment, the commission shall consider the following:
1. Whether the proposed planned development or amendment thereto satisfies the purpose and
intent of the planned development district.
12. The suitability of the tract for the proposed planned development in terms of its relation to all
applicable provisions of the comprehensive plan Whether the area proposed to be rezoned is
appropriate for a planned development under the comprehensive plan; the physical
characteristics of the land area proposed to be rezoned; and it’s the relation of the area proposed
to be rezoned to the surrounding area; and
23. 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
satisfied.
c. Depending on the findings it makes, tThe 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. The commission shall also make
recommendations on all requested waivers and modifications.
(§ 8.5.4, 12-10-80; Ord. 03-18(2), 3-19-03)
Sec. 8.5.4 Review and action by the board of supervisors; effect of approval
Each application to establish or amend a planned development district shall be reviewed and acted on by the
board of supervisors, and approval of the application shall have effect, as follows:
a. Review and action. 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 of
development submitted by the applicant, and the code of development, as applicable. The board’s
Attachment A
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6
action shall also identify which proffers it has accepted and which waivers or modifications it has
granted.
b. Effect of approval. Once an application is approved Upon approval of an application, the application
plan, all submitted standards for of development submitted by the applicant, the code of development, as
applicable, and all accepted proffers, and all approved waivers and modifications shall be included as
part of the zoning regulations applicable to the planned development.
(§ 8.5.5, 12-10-80; Ord. 03-18(2), 3-19-03)
Sec. 8.5.5 Final sSite plans and subdivision plats
Sec. 8.5.5.1 Contents of site plans and subdivision plats
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) 8.2(b). Each
subdivision plat for a planned development shall comply with Cchapter 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 subsection
(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.
(§ 8.5.6.1, 12-10-80; 9-9-92; § 8.5.5.1, Ord. 03-18(2), 3-19-03)
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, 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.
Each preliminary and final site plan and subdivision plat for a planned development shall be reviewed for
compliance with the applicable regulations, as follows:
Attachment A
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a. Planned development districts established on or before December 10, 1980. Each preliminary and final
site plan and subdivision plat within a planned development district established on or before December
10, 1980 shall be reviewed for compliance with the applicable regulations when the site plan or
subdivision plat is under county review; provided that, at the option of the developer or subdivider, each
preliminary and final site plan and subdivision plat may be reviewed for compliance with the applicable
regulations in effect when the planned development was approved if the developer or subdivider
establishes a vested right as provided in Virginia Code §§ 15.2-2296 et seq. or 15.2-2307 to develop
under the previously approved planned development district.
b. Planned development districts established after December 10, 1980. Each preliminary and final site
plan and subdivision plat within a planned development district established after December 10, 1980
shall be reviewed for compliance with the applicable regulations in effect when the planned
development district was established or, at the option of the developer or subdivider, in effect when the
site plan or subdivision plat is under county review; subject to the following:
1. Election to comply with regulations in effect when district established; exception for certain
current subjects of regulation unless vested rights established. If the developer or subdivider
elects to have its site plan or subdivision plat reviewed for compliance with the applicable
regulations in effect when the planned development district was established, all of the following
subjects of regulation in effect when the site plan or subdivision plat is under county review
shall apply unless vested rights are established under Virginia Code §§ 15.2-2296 et seq. or
15.2-2307: (i) entrance corridor overlay district (section 30.6); (ii) flood hazard overlay district
(section 30.3); (iii) landscaping and screening (section 32.7.9); (iv) outdoor lighting (section
4.17); (v) parking (section 4.12); and (vi) signs (section 4.15). If rights are determined to have
vested, the regulations for these six subjects in effect when rights vested shall apply. For the
purposes of this section 8.5.5.2(b), an application plan approved on and after March 19, 2003
that complies with the requirements of an application plan under section 8.5.1(e) or section
20A.4, or a prior version thereof in effect on and after March 19, 2003, is a significant
governmental act within the meaning of Virginia Code § 15.2-2307.
2. Election to comply with regulations in effect when district established; election to comply with
certain current subjects of regulation. If the developer or subdivider elects to have its site plan
or subdivision plat reviewed for compliance with the applicable regulations in effect when the
planned development district was established, the developer or subdivider may also elect to
comply with one or more of the subjects of regulation listed in subsection 8.5.5.2(b)(1) in effect
when the site plan or subdivision plat is under county review instead of with the corresponding
regulations in effect when the planned development district was established.
c. Review for compliance and conformance. A site plan or subdivision plat shall be reviewed to determine
whether it complies with the applicable regulations and other requirements of law, and whether it
conforms to the application plan, as follows:
1. Zoning administrator. The zoning administrator shall determine whether a site plan or
subdivision plat complies with the applicable regulations. In addition, the zoning administrator,
after consultation with the director of planning, shall determine whether the proposed permitted
uses comply with the applicable regulations and, in doing so, may permit as a use by right a use
that is not expressly classified in this chapter if the zoning administrator further determines that
the use is similar in general character to the uses permitted by right in the district or by the code
of development and is similar in terms of locational requirements, operational characteristics,
visual impacts, and traffic, noise and odor generation.
2. Director of planning. The director of planning shall determine whether a site plan or
subdivision plat conforms to the application plan. In determining conformity, the director shall
determine whether the central features or major elements within the development are in the
Attachment A
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8
same location as shown on the application plan and if the buildings, parking, streets, blocks,
paths and other design elements are of the same general character, scope and scale as shown on
the application plan.
3. County engineer. The county engineer shall determine whether an erosion and sediment control
plan, grading plan, stormwater management plan, road or street plan, and mitigation plan
conform with the concept grading, stormwater management, streets, and mitigation shown on
the application plan.
d. Applicable regulations defined. For the purposes of this section 8.5.5.2, the term “applicable
regulations” means, as appropriate and applicable, all zoning regulations, all subdivision regulations, the
application plan (except for those elements authorized to be shown at a conceptual or general level),
including those plans formerly referred to as general development plans, conditions of approval,
accepted proffers, the code of development, special use permits, variances, and waivers, modifications
and variations.
e. Applicability of chapter 17. Each preliminary and final site plan and subdivision plat within a planned
development district shall be reviewed for compliance with chapter 17 of the Albemarle County Code in
effect when the site plan or subdivision plat is under county review, regardless of when the planned
development was established or whether the developer or subdivider elects, or establishes vested rights,
under sections 8.5.5.2(a) and (b) to proceed with review under the applicable regulations in effect when
the planned development was approved.
f. Vested rights not impaired. Nothing in this section shall be construed as authorizing the impairment of
a vested right that may be established under Virginia Code §§ 15.2-2261(C), 15.2-2297, 15.2-2298,
15.2-2303 or 15.2-2307.
(§ 8.5.6.2, 12-10-80; 9-9-92; § 8.5.5.2, Ord. 03-18(2), 3-19-03)
Sec. 8.5.5.3 Variations from approved plans, codes, and standards of developments
The director of planning and community development director of planning 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 of planning is authorized to grant a variation from the following provisions of an approved
plan, code or standard:
1. Minor variations changes to yard requirements, build-to lines or ranges, 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 changes to street design and street location, subject to a recommendation for
approval by the county engineer; and
6. Minor changes to the design and location of stormwater management facilities, land disturbance
including disturbance within conservation areas, and mitigation, subject to a recommendation
for approval by the county engineer.
Attachment A
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9
b. The applicant shall submit a written request for a variation to the director of planning;. tThe 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;. tThe director may reject a request that fails to include the required
information.
c. The director of planning 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. The director of planning may require that the applicant provide an updated application plan and, in the
case of changes to a code of development, a complete amended code of development, reflecting the
approved variation and the date of the variation. If the director requires an updated application plan or
code of development, the granting of the variation shall be conditional upon the applicant providing the
plan or code within thirty (30) days after approval of the variation and a determination by the director
that the plan or code were revised to correctly reflect the granted variation.
e. Any variation not expressly provided for herein may be accomplished by rezoning zoning map
amendment.
(§ 8.5.6.3, 12-10-80; 9-9-92; § 8.5.5.3, Ord. 03-18(2), 3-19-03)
Sec. 8.5.5.4 Building permits and erosion and sediment control grading permits
Building permits and erosion and sediment control grading 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 grading permit may be issued for site preparation grading associated
with an approved planned development if an the erosion and sediment control plan measures, disturbed
area and grading are in conformity with the concept grading and measures shown on the application
plan as determined by the county engineer, after consultation with the director of planning. 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.
c. In cases where If, after consultation with the director of planning, the county engineer finds that there is
not enough detail on the approved application plan to assure consistency that the proposed grading and
other measures are consistent with the application plan, no erosion and sediment control permit shall a
grading permit shall not be issued until the final site plan is approved, or the final subdivision plat is
tentatively approved.
cd. 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.
(§ 8.5.6.4, 12-10-80; 9-9-92; § 8.5.5.4, Ord. 03-18(2), 3-19-03)
Sec. 8.5.5.5 Site plan and subdivision plat requirements for planned development zoning districts
established without an application or application plan Site plan and subdivision plat
requirements when there is no application plan
Attachment A
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10
Site plans and subdivision plats within a planned development district for which an application plan was not
approved shall be subject to the following:
a. No valid site plan or subdivision plat at time district established. If a planned development zoning
district was established without before an approved application plan as was required by section 8 to be
approved as part of the zoning map amendment and neither a final site plan or subdivision plat
pertaining to the entirety of the planned development district was valid at the time of the zoning map
amendment nor was approved in conjunction with the approval of the zoning map amendment, 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.
b. Valid site plan or subdivision plat at time district established. If such a district was previously
established in conjunction with an approved site plan If a planned development district was established
before an application plan was required by section 8 to be approved as part of the zoning map
amendment but a final site plan or subdivision plat pertaining to the entirety of the planned development
district was valid at the time of the zoning map amendment or was approved in conjunction with the
approval of the zoning map amendment, the valid or approved site plan or subdivision plat 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 site plan or subdivision plat shall
be reviewed as provided in section 8.5.5.2. (Amended 7-16-86)
(§ 8.5.6.5, 12-10-80; 9-9-92; § 8.5.5.5, Ord. 03-18(2), 3-19-03)
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 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.
A planned development district may be amended after it is established, either by the addition or removal of land,
or by an amendment to the application plan, code of development, proffers or any waiver or modification, in
accordance with the procedures and requirements of section 8 and those applicable to zoning map amendments
generally, and subject to the following additional requirements:
a. Eligible applicant. Any owner, contract purchaser with the owner’s consent, or any authorized agent of
the owner, of one or more parcels within a planned development district may apply to amend the
existing planned development district as it pertains to the owner’s parcel(s). The owner of each parcel
to which the proposed amendment would result in or require a physical change to the parcel, a change in
use, density or intensity on that parcel, a change to any proffer or regulation in a code of development
that would apply to the parcel, a change to an owner’s express obligation under a proffer or regulation in
a code of development even if the proffer or regulation is not expressly changed, or a change to the
application plan that would apply to the parcel, shall be an applicant.
b. Amendment affecting less area than the entire district; map. If the proposed amendment would affect
less area than the entire district, the applicant shall submit a map showing the entire 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 application plan, code of development, proffers or any waiver or
modification would apply.
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c. Individual notice. In addition to any notice required by Virginia Code § 15.2-2204 and sections
33.4 and 33.8 of this chapter, written notice of the proposed amendment shall be provided to the
owner of each parcel within the planned development district. The substance of the notice shall
be as required by Virginia Code § 15.2-2204(B), paragraph 1, regardless of the number of
parcels affected.
d. Factors to consider during review of proposed amendment. In addition to any other applicable
factors to be considered in the review of a zoning map amendment, the following shall also be
considered:
1. Whether the proposed amendment reduces, maintains or enhances the elements of a planned
development set forth in section 8.3.
2. The extent to which the proposed amendment impacts the other parcels within the planned
development district.
Article III. District Regulations
Sec. 20A.3 Application requirements; required documents and information
Except where the option is exercised as provided in subsection 20A.3(b), below, tThe 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; provided that the applicant may elect to submit the parking
and loading needs study in conjunction with the preliminary site plan for the development if it
determines that the uses that may occupy the buildings are not sufficiently known at the time of the
zoning map amendment.
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 An application 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.
(Ord. 03-18(2), 3-19-03)
Sec. 20A.4 General development Application 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(de ), the following are required elements of the
general development plan an application plan in the NMD:
Attachment A
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12
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.
a. The general location of proposed streets, alleys, sidewalks, and pedestrian paths;
b. The location of proposed green spaces, amenities, conservation areas or preservation areas, as provided
in section 20A.9;
c. A conceptual lot lay-out;
d. Conceptual grading/topography using the county geographic information system or better topographic
information supplemented where necessary by spot elevations and areas of the site where existing slopes
are twenty-five (25) percent or greater;
e. Typical street cross-sections to show proportions, scale, and streetscape, which, alternatively, may be
provided in the code of development;
f. Any proposed connections to existing and proposed streets, as well as proposed thoroughfares shown on
the comprehensive plan;
g. The general lay-out for the water and sewer systems, conceptual stormwater management, and a
conceptual mitigation plan; and
h. The location of central features or major elements within the development essential to the design of the
development, such as building envelopes, major employment areas, parking areas and structures, civic
areas, parks, open space, green spaces, amenities and recreation areas.
(Ord. 03-18(2), 3-19-03)
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. Any
substantive or procedural requirement of this chapter shall apply to an NMD unless the subject matter is
expressly addressed in the code of development. Each code of development shall be in a form required or
otherwise approved by the director of planning. 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.
Attachment A
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13
b. The amount of developed square footage proposed, delineated for the entire NMD and by block by use,
and 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, number of
residential dwelling units, dwelling units by type, and delineating at least two (2) housing types, as
provided in section 20A.8.
d. The amount of land area and percentage of gross acreage devoted to green space and amenities, as
provided in section 20A.9.
e. All requirements and restrictions associated with each use delineated in paragraph subsection 20A.5(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 which may be provided through illustrations;
2. Architectural styles;
3. Materials, colors, and textures;
4. Roof form and pitch;
5. Architectural ornamentation;
62. Façade treatments, including window and door openings;
7. Landscape treatments; and
83. The preservation of historic structures, sites, cemeteries, and archeological sites identified by
the Virginia Department of Historic Resources. ; and
4. Architectural styles, materials, colors and textures if these elements are determined to be
necessary in order for a proposed development to be compatible with its contiguous developed
surroundings.
The provisions in a code of development adopted prior to October 14, 2009 pertaining to subsections
20A.5(g)(1) through (4) shall be the only architectural standards in the code of development that apply
to the planned development.
h. Preliminary lot lay-out. Landscape treatments where landscaping in addition to that required by section
32 is proposed. The provisions in a code of development adopted prior to October 14, 2009 pertaining
to landscape treatments as required under former subsection 20A.5(g)(7) shall apply to the planned
development.
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);
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32. Build-to lines or ranges, which are the required distance from the right-of-way to a structure;
43. Minimum and maximum lot and yard dimensions;
54. Minimum number of stories and Mmaximum building heights;
65. Location of Ssidewalks and pedestrian paths locations;
76. Acreage devoted to and characteristics of Ggreen space, and amenities, and recreational areas
and facilities as required by section 4.16;
87. Location, acreage and characteristics of Cconservation areas and preservation areas as defined
in section 3.1, if applicable;
98. Location of Pparking areas;
109. Location, acreage and characteristics of Ccivic spaces, which are public areas for community or
civic activities (e.g., libraries and their associated yards, schools and places of worship);
(Ord. 03-18(2), 3-19-03)
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 application plan and code of development, and the accepted proffers:
a. By right uses. The following uses are permitted by right if the use is expressly identified as a by right
use in the code of development or if the use is permitted in a determination by the zoning administrator
pursuant to subsection 8.5.5.2(c)(1):
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 subsections 20A.6(b)(2) and (b)(3);
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.
9. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
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15
b. By special use permit. The following uses are permitted by special use permit if the use is expressly
identified as use permitted by special use permit in the code of development:
1. Each use allowed by right or by special use permit in any other zoning district.
12. Drive-through windows serving or associated with permitted uses.
23. 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.
(Ord. 03-18(2), 3-19-03; Ord 04-18(2), 10-13-04)
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
dividing the proposed number of dwelling units in the proposed district by the gross acreage of the
district.
(Ord. 03-18(2), 3-19-03)
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 area proposed to be rezoned.
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 area proposed to be rezoned.
3. For areas having a land use designation not addressed in paragraphs subsections 20A.9(a)(1)
and 20A.9(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.
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16
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 area
proposed to be rezoned.
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 area proposed to be rezoned.
3. For areas having a land use designation not addressed in paragraphs subsections 20A.9(b)(1)
and 20A.9(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.
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.
(Ord. 03-18(2), 3-19-03)
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 community development.
(Ord. 03-18(2), 3-19-03)
Attachment A
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17
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded
below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Mr. Dorrier ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Slutzky ____ ____
Ms. Thomas ____ ____
Attachment C, p.1 Proposed Changes to Planned Development Section of Zoning Ordinance and Neighborhood Model Section of Zoning Ordinance September 30, 2009 Section # Existing Text Proposed Text Impact/Reason for Change Section 3.1 Definitions Application plan: The graphic depiction of a proposed development containing the information required by section 8.5.1(d) Application plan: The graphic depiction of a proposed development containing the information required by section 8.5.1(d)and, within the neighborhood model district, section 20A.4. A plan designated and approved as a general development plan for a neighborhood model district between March 19, 2003 and [insert effective date] is an application plan for the purposes of this chapter. Cleanup 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 Block: An area shown on an application 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 Deletes term “general development plan”. (see below) 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. Definition deleted. General Develop-ment Plan is now just, “application plan” to eliminate confusion. Section 8.2 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. 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 and that the waiver or modification is consistent with the intent and purposes of the planned development district under the particular circumstances. If the applicant requests such a waiver or modification as part of the application plan, 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 Sec. 8.2 Applicable regulations; waivers and modifications Planned developments shall be subject to the following regulations in this chapter: a. Sections applicable. Unless expressly superseded by a regulation of the applicable planned development district, the regulations of this chapter, other than those pertaining to conventional development districts stated in sections 10 through 18, 20B, 22, 23, 24, 27 and 28, shall apply to each planned development district unless the subject matter is expressly addressed in the code of development under section 20A.5, or the regulation is waived or modified as provided in subsection (b). b. Waivers and modifications. An applicant may request that any requirement of sections 4, 5, 21, 26 and 32, or the applicable planned development district regulations be waived or modified by the board of supervisors as follows: 1. Submittal of request for waiver or modification. If the applicant requests such a waiver or modification as part of the application plan, the applicant shall submit its request in writing as part of the application plan, and shall demonstrate how Changes section title for easier reference, clarifies which sections are available for waivers and modifications, organizes section, and makes clear that waivers must be expressly granted by the Board.
Attachment C, p.2 modification, any request for such a waiver or modification shall be reviewed and considered as part of the application plan. Nothing in this section prohibits an owner within a planned development from requesting a waiver or modification of any requirement of sections 4, 5 and 32 at any time, under the procedures and requirements established therefore. In addition to making the findings required for the granting of a waiver or modification in sections 4, 5 and 32, such a waiver or modification may be granted only if it is also found to be consistent with the intent and purposes of the planned development district under the particular circumstances, and satisfies all other applicable requirements of section 8. the findings required by subsection 8.2(b)(3) would be satisfied. 2. Timing of request. Notwithstanding any regulation in sections 4, 5, 21, 26 or 32 establishing a Procedure for considering a waiver or modification, any request for such a waiver or modification shall be reviewed and considered as part of the application plan; provided that an owner within a planned development may request a waiver or modification of any requirement of sections 4, 5, 21, 26 or 32 at any time, under the procedures and requirements established therefore. 3. Findings. In addition to making the findings required for the granting of a waiver or modification in sections 4, 5, 21, 26 or 32, a waiver or modification may be granted only if it is also found (i) to be consistent with the intent and purposes of the planned development district under the particular circumstances, and satisfies all other applicable requirements of section 8; (ii) to be consistent with planned development design principles; (iii) that the waiver or modification would not adversely affect the public health, safety, or general welfare; and (iv) 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. 4. Express waiver or modification. Each waiver and modification must be expressly granted and no waiver or modification shall be deemed to have been granted by implication. Section 8.3 PD defined 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) in all planned development districts other than a planned historic district, 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. A planned development is a development that meets all of the following criteria at the time it is established or amended: (1) the area proposed to be rezoned or the area within the planned development district is under unified control and will be planned and developed as a whole; (2) the development conforms with one or more approved application plans; and (3) in all planned development districts other than a planned historic district, 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. Acknowledges that PDs can be amended; uses word, “conforms” to make distinctions between conventional districts and planned districts. 8.5.1 Application 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 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, director of planning 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 Cleanup
Attachment C, p.3 reports identifying potential non-tidal wetlands which are deemed reasonably necessary to analyze the application: reasonably necessary to analyze the application: b. An accurate boundary survey of the tract or plan limit showing the location and type of boundary evidence; b. An accurate boundary survey of the tract or area to be rezoned showing the location and type of boundary evidence and the source of the survey; Cleanup c. A map showing: c. A map at a scale of not less than one (1) inch equal to one hundred (100) feet, provided that another interval and/or scale may be required or permitted by the director of planning where the size of the area proposed to be rezoned or topographic considerations warrant, showing: Clarification/cleanup and consistency with other required documents 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; 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, cemeteries, floodplain, and any identified features in the open space element of the comprehensive plan; Cleanup c.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; 2. Existing topography accurately shown using the county’s geographic information system or better topographical information, and the source of the topographical information; Cleanup 4. The existing owners and zoning district; and 4. The name of the proposed development; the names of all owners; the name of the developer, if different from the owner; the name of the person who prepared the plan; all tax map and parcel numbers in fourteen (14) digit format; the zoning district and all overlay zoning districts; the magisterial district; the north point; the scale; one datum reference for elevation; if any part of the area proposed to be rezoned is within the flood hazard overlay district (section 30.3), United States Geological Survey vertical datum shall be shown and/or correlated to plan topography; sheet numbers on each sheet and the total number of sheets; the date of the drawing; and the date and description of the last revision; Clarification and consistency with other required documents. 5. The present use of adjoining tracts and the location of structures on adjoining parcels, if any; and 5. The present use of abutting parcels; the location of structures on abutting parcels, if any; and departing lot lines; and Clarification and cleanup from Section d.6.: Trip generation figures; d. A traffic impact statement meeting the requirements of state law including, but not limited to, 24 VAC 30-155-10 et seq.; Cleanup to conform with state requirements d. An application plan based on a minimum of two (2) data references for elevations to be used on plans and profiles showing: e. An application plan at a scale of not less than one (1) inch equal to one hundred (100) feet, provided that another interval and/or scale may be required or permitted by the director Clarification and consistency with other required
Attachment C, p.4 of planning where the size of the area proposed to be rezoned or topographic considerations warrant, showing documents. d.2. The proposed grading/topography with a maximum of five (5) foot contour intervals; 2. Conceptual grading/topography using the county’s geographic information system or better topographical information, and the source of the topographical information, supplemented where necessary by spot elevations and areas of the site where existing slopes are twenty-five (25) percent or greater; Clarification and consistency with other required documents. d.10. The general lot lay-out; and 9. A conceptual lot lay-out; and Clarification 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. 10. Standards of 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. Cleanup 8.5.2 Preapplication Conferences 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. Each applicant for a planned development shall attend a joint meeting with the staff of the department of community development 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. Each applicant is encouraged to use the guidance provided in 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. Cleanup 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: Each application to establish or amend a planned development district shall be reviewed and acted on by the planning commission as follows: Clarification b. In making its recommendation on the application to the board of supervisors, the commission shall make findings about the following: b. In addition to any other factors relevant to the consideration of a zoning map amendment, the commission shall consider the following: Cleanup 1.Whether the proposed planned development or amendment thereto satisfies the purpose and intent of the planned development district. Clarification 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 it’s relation to the surrounding area; 2. Whether the area proposed to be rezoned is appropriate for a planned development under the comprehensive plan; the physical characteristics of the area proposed to be rezoned; and the relation of the area proposed to be rezoned to the surrounding area; and Cleanup 3.Each requested waiver or modification, including whether the requirements of section 8.2 are satisfied. deleted Moved to the section on waivers.
Attachment C, p.5 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. c. 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. The commission shall also make recommendations on all requested waivers and modifications. Cleanup and clarification Sec. 8.5.4 Review and action by the board of supervisors Sec. 8.5.4 Review and action by the board of supervisors Sec. 8.5.4 Review and action by the board of supervisors; effect of approval Each application to establish or amend a planned development district shall be reviewed and acted on by the board of supervisors, and approval of the application shall have effect, as follows: Cleanup 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. a. Review and action. 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, all standards of development submitted by the applicant, and the code of development, as applicable. The board’s action shall also identify which proffers it has accepted and which waivers or modifications it has granted. Clarification Once an application is approved the application plan, all submitted standards of development and all accepted proffers shall be included as part of the zoning regulations applicable to the planned development. b. Effect of approval. Upon approval of an application, the application plan, all standards of development submitted by the applicant, the code of development, as applicable, all accepted proffers, and all approved waivers and modifications shall be included as part of the zoning regulations applicable to the planned development. Cleanup and clarification 8.5.5.1.Contents of site plans and subdivision plats 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 sub-stitution of any such regulation pursuant to section 14-237. 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 8.2(b). Each subdivision plat for a planned development shall comply with chapter 14, subject to the waiver, variation or substitution of any such regulation pursuant to section 14-237. Cleanup 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. b. Within the neighborhood model zoning district. In addition to the requirements of subsection (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. Cleanup 8.5.5.2 Review of site plans and Each preliminary and final site plan or subdivision plat for a planned development shall be reviewed for compliance with Each preliminary and final site plan and subdivision plat for a planned development shall be reviewed for compliance with the As requested by the Planning
Attachment C, p.6 Subdivisions 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, 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. applicable regulations, as follows: a. Planned development districts established on or before December 10, 1980. Each preliminary and final site plan and subdivision plat within a planned development district established on or before December 10, 1980 shall be reviewed for compliance with the applicable regulations in effect when the site plan or subdivision plat is under county review; provided that, at the option of the developer or subdivider, each preliminary and final site plan and subdivision plat may be reviewed for compliance with the applicable regulations when the planned development was approved if the developer or subdivider establishes a vested right as provided in Virginia Code § 15.2-2297 or § 15.2-2307 to develop under the previously approved planned development district. b. Planned development districts established after December 10, 1980. Each preliminary and final site plan and subdivision plat within a planned development district established after December 10, 1980 shall be reviewed for compliance with the applicable regulations in effect when the planned development district was established or, at the option of the developer or subdivider, in effect when the site plan or subdivision plat is under county review; subject to the following: 1. Election to comply with regulations in effect when district established; exception for certain current subjects of regulation unless vested rights established. If the developer or subdivider elects to have its site plan or subdivision plat reviewed for compliance with the applicable regulations in effect when the planned development district was established, all of the following subjects of regulation in effect when the site plan or subdivision plat is under county review shall apply unless vested rights are established under Virginia Code §§ 15.2-2297, 15.2-2298, 15.2-2303 or 15.2-2307: (i) entrance corridor overlay district (section 30.6); (ii) flood hazard overlay district (section 30.3); (iii) landscaping and screening (section 32.7.9); (iv) outdoor lighting (section 4.17); (v) parking (section 4.12); and (vi) signs (section 4.15). If rights are determined to have vested, the regulations for these six subjects in effect when rights vested shall apply. For the purposes of this section 8.5.5.2(b), an application plan approved on and after March 19, 2003 that complies with the requirements of an application plan under section 8.5.1(e) or section 20A.4, or a prior version thereof in effect on and after March, 19, 2003, is a significant Commission, this section sets thresholds for conformity with current zoning regulations, where properties were rezoned before the current regulations went into place. None of the proposed changes affects rights established under vesting provisions of the State Code. It further clarifies the roles of the Zoning Administrator, Planning Director, and County Engineer in determinations of conformity for PDs.
Attachment C, p.7 governmental act within the meaning of Virginia Code § 15.2-2307. 2. Election to comply with regulations in effect when district established; election to comply with certain current subjects of regulation. If the developer or subdivider elects to have its site plan or subdivision plat reviewed for compliance with the applicable regulations in effect when the planned development district was established, the developer or subdivider may also elect to comply with one or more of the subjects of regulation listed in subsection 8.5.5.2(b)(1) instead of with the corresponding regulations in effect when the planned development district was established. c. Review for compliance and conformance. A site plan or subdivision plat shall be reviewed to determine whether it complies with the applicable regulations and other requirements of law, and whether it conforms to the application plan, as follows: 1. Zoning administrator. The zoning administrator shall determine whether a site plan or subdivision plat complies with the applicable regulations. In addition, the zoning administrator, after consultation with the director of planning, shall determine whether the proposed permitted uses comply with the applicable regulations and, in doing so, may permit as a use by right a use that is not expressly classified in this chapter if the zoning administrator further determines that the use is similar in general character to the uses permitted by right in the district or by the code of development and is similar in terms of locational requirements, operational characteristics, visual impacts, and traffic, noise and odor generation. 2. Director of planning. The director of planning shall determine whether a site plan or subdivision plat conforms to the application plan. In determining conformity, the director shall decide whether the central features or major elements within the development are in the same location as shown on the application plan and if the buildings, parking, streets, blocks, paths and other design elements are of the same general character, scope and scale as shown on the application plan. 3. County engineer. The county engineer shall determine whether an erosion and sediment control plan, grading plan, stormwater management plan, road or street plan, and mitigation plan conform with the concept grading, stormwater
Attachment C, p.8 management, streets, and mitigation shown on the application plan. d. Applicable regulations defined. For the purposes of this section 8.5.5.2, the term “applicable regulations”means, as appropriate and applicable, all zoning regulations, all subdivision regulations, the application plan (except for those elements authorized to be shown at a conceptual or general level), including those plans formerly referred to as general development plans, conditions of approval, accepted proffers, the code of development, special use permits, variances, and waivers, modifications and variations. Applicable regulations defined. For the purposes of this section, the term “applicable regulations” means, as appropriate, all zoning regulations, the application plan (except for those elements authorized to be shown at a conceptual or general level), including those plans formerly referred to as general development plans, conditions of approval, accepted proffers, the code of development, special use permits, variances, and waivers modifications and variations. e. Applicability of chapter 17. Each preliminary and final site plan and subdivision plat within a planned development district shall be reviewed for compliance with chapter 17 of the Albemarle County Code in effect when the site plan or subdivision plat is under county review, regardless of when the planned development was established or whether the developer or subdivider elects, or establishes vested rights, under sections 8.5.5.2(a) and (b) to proceed with review under the applicable regulations in effect when the planned development was approved. f. Vested rights not impaired. Nothing in this section shall be construed as authorizing the impairment of a vested right that may be established under Virginia Code §§ 15.2-2261(C), 15.2-2297, 15.2-2298, 15.2-2303 or 15.2-2307. 8.5.5.3. Variations from approved plans, codes, and standards of developments 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 of planning and community development is authorized to grant a variation from the The director of planning 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 code of development, as provided herein: a. The director of planning is authorized to grant a variation from the following provisions of an approved plan, code or Cleanup
Attachment C, p.9 following provisions of an approved plan, code or standard: 1. Minor variations to yard requirements, maximum structure heights and minimum lot sizes; standard: 1. Minor changes to yard requirements, build-to lines or ranges, maximum structure heights and minimum lot sizes; 5. Minor variations to street design, and 5. Minor changes to street design and street location, subject to a recommendation for approval by the county engineer; and Cleanup Not currently listed as a variation 6. Minor changes to the design and location of stormwater management facilities, land disturbance including disturbance within conservation areas, and mitigation, subject to a recommendation for approval by the county engineer. Clarification and cleanup. 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. b. The applicant shall submit a written request for a variation to the director of planning. 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 of planning 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. Clarification Not in the ordinance d. The Director of Planning may require that the applicant provide an updated application plan and, in the case of changes to a Code of Development, an updated Code of Development reflecting the approved variation and the date of the variation. If the Director requires the updated plan or code, it shall be provided within 30 days of approval of the variation. Cleanup Any variation not expressly provided for herein may be accomplished by rezoning. e. Any variation not expressly provided for herein may be accomplished by zoning map amendment New requirement needed to keep track of approved variations within a planned development. Section 8.5.5.4 Building permits and erosion and sediment control permits Section 8.5.5.4 Building permits and erosion and sediment control permits Sec. 8.5.5.4 Building permits and grading permits Cleanup Building permits and erosion and sediment control permits may be issued as provided herein: Building permits and grading permits may be issued as provided herein: Cleanup
Attachment C, p.10 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. c. 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. d. 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. b. A grading permit may be issued for site preparation grading associated with an approved planned development if the erosion and sediment control plan measures, disturbed area and grading are in conformity with the concept grading and measures shown on the application plan as determined by the county engineer, after consultation with the director of planning. c. If, after consultation with the director of planning, the county engineer finds that there is not enough detail on the approved application plan to assure consistency that the proposed grading and other measures are consistent with the application plan, a grading permit shall not be issued until the final site plan is approved, or the final subdivision plat is tentatively approved. d. Within each neighborhood model district, the department of 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. Site plan and subdivision plat requirements where there is no application plan Site plans and subdivision plats within a planned development district for which an application plan was not approved shall be subject to the following: a. No valid site plan or subdivision plat at time district established. If a planned development district was established before an application plan was required by section 8 to be approved as part of the zoning map amendment and neither a final site plan or subdivision plat pertaining to the entirety of the planned development district was valid at the time of the zoning map amendment nor was approved in conjunction with the approval of the zoning map amendment, 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. b. Valid site plan or subdivision plat at time district established. If a planned development district was established before an application plan was required by section 8 to be approved as part of the zoning map amendment but a final site plan or subdivision plat pertaining to the entirety of the planned Cleanup and clarification
Attachment C, p.11 development district was valid at the time of the zoning map amendment, the valid or approved site plan or subdivision plat shall be deemed to be the application plan, and the site plan or subdivision plat shall be reviewed as provided in section 8.5.5. 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 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. A planned development district may be amended after it is established, either by the addition or removal of land, or by an amendment to the application plan, code of development, proffers or any waiver or modification, in accordance with the procedures and requirements of section 8 and those applicable to zoning map amendments generally, and subject to the following additional requirements: a. Eligible applicant. Any owner, contract purchaser with the owner’s consent, or any authorized agent of the owner, of one or more parcels within a planned development district may apply to amend the existing planned development district as it pertains to the owner’s parcel(s). The owner of each parcel to which the proposed amendment would result in or require a physical change to the parcel, a change in use, density or intensity on that parcel, a change to any proffer or regulation in a code of development that would apply to the parcel, a change to an owner’s express obligation under a proffer or regulation in a code of development even if the proffer or regulation is not expressly changed, or a change to the application plan that would apply to the parcel, shall be an applicant. b. Amendment affecting less area than the entire district; map. If the proposed amendment would affect less area than the entire district, the applicant shall submit a map showing the entire 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 application plan, code of development, proffers or any waiver or modification would apply. c. Individual notice. In addition to any notice required by Virginia Code § 15.2-2204 and sections 33.4 and 33.8 of this chapter, written notice of the proposed amendment shall be provided to the owner of each parcel within the planned development district. The substance of the notice shall be as required by Virginia Code § 15.2-2204(B), paragraph 1, regardless of the number of parcels affected. d. Factors to consider during review of proposed amendment. In addition to any other applicable factors to be considered in the review of a zoning map amendment, the following shall also be considered: 1. Whether the proposed amendment reduces, Clarification as to who can request an amendment to a PD, responding to Board of Supervisors’ request
Attachment C, p.12 maintains or enhances the elements of a planned development set forth in section 8.3. 2. The extent to which the proposed amendment impacts the other parcels within the planned development district. 20.A.3 Neighborhood Model Appli-cation require-ments; 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: Except where the option is exercised as provided in subsection 20A.3(b), below, 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: Cleanup Parking study 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; 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; provided that the applicant may submit the parking and loading needs study in conjunction with the preliminary site plan for the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. Amend to allow a parking study at the time of rezoning or at the time of site plan approval. 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. d. An application plan, as provided in section 20A.4, including all information required by sections 8 or 20A to support any element of the plan. Cleanup 20A.4 General development plans The requirements for an application plan for the NMD area as follows: In addition to the application plan requirements of section 8.5.1(d), the following are required elements of the general development plan: Application plans In addition to the application plan requirements of section 8.5.1(d), the following are required elements of an application plan in the NMD: Cleanup to clarify that all PD plans are called “application plans” 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. Deleted Information is duplicated elsewhere c. The location of proposed green spaces, amenities, conservation areas or preservation areas, as provided in section 20A.9. Moved Cleanup 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. Moved Cleanup
Attachment C, p.13 Plan contents from Section 8 reiterated, except where requirements are in excess of Section 8. a. The general location of proposed streets, alleys, sidewalks, and pedestrian paths; b. The location of proposed green spaces, amenities, conservation areas or preservation areas, as provided in section 20A.9; c. A conceptual lot lay-out; d. Conceptual grading/topography using the county geographic information system or better topographic information supplemented where necessary by spot elevations and areas of the site where existing slopes are twenty-five (25) percent or greater; e. Typical street cross-sections to show proportions, scale, and streetscape, which, alternatively, may be provided in the code of development; f. Any proposed connections to existing and proposed streets, as well as proposed thoroughfares shown on the comprehensive plan; g. The general lay-out for the water and sewer systems, conceptual stormwater management, and a conceptual mitigation plan; and h. The location of central features or major elements within the development essential to the design of the development, such as building envelopes, major employment areas, parking areas and structures, civic areas, parks, open space, green spaces, amenities and recreation areas. Clarification/cleanup 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 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. Any substantive or procedural requirement of this chapter shall apply to an NMD unless the subject matter is expressly addressed in the code of development. Each code of development shall be in a form required or otherwise approved by the director of planning. To satisfy these requirements, each code of development shall establish: Establish standard format for ease of review and administration 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. b. The amount of developed square footage proposed, delineated for the entire NMD and by block by use, and amenity. The developed square footage may be expressed as a proposed range of square footage. Cleanup c. The maximum residential densities, as provided in section 20A.7, and the maximum number of residential units c. The maximum number of residential dwelling units, dwelling units by type, and delineating at least two (2) housing Removal of extraneous
Attachment C, p.14 for individual residential land use categories and mixed-use categories, delineating at least two (2) housing types, as provided in section 20A.8. types, as provided in section 20A.8. information. d. The amount of land area devoted to green space and amenities, as provided in section 20A.9. d. The amount of land area and percentage of gross acreage devoted to green space and amenities, as provided in section 20A.9. Clarification e. All requirements and restrictions associated with each use delineated in paragraph (a). e. All requirements and restrictions associated with each use delineated in subsection 20A.5(a). Cleanup g. Architectural and landscape standards that will apply in the NMD, which shall address the following: g. Architectural standards that will apply in the NMD, which shall address the following: Cleanup to separate landscape requirements from architectural standards. 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. 1. The form, massing, and proportions of structures which may be provided through illustrations; 2. Façade treatments; 3. The preservation of historic structures, sites, and archeological sites identified by the Virginia Department of Historic Resources; and 4. Architectural styles, materials, colors and textures if these elements are determined to be necessary in order for a proposed development to be compatible with its contiguous developed surroundings. The provisions in a code of development adopted prior to [effective date of ordinance] pertaining to subsections 20A.5(g)(1) through (4) shall be the only architectural standards in the code of development that apply to the planned development. Deleted items do not relate specifically to the goals of the Neighborhood Model. d. 7. Landscape treatments; h. Landscape treatments where landscaping in addition to that required in Section 32 is proposed. The provisions in a code of development adopted prior to [effective date of ordinance] pertaining to landscape treatments as required under former subsection 20A.5(g)(7) shall apply to the planned development. Clarification h. Preliminary lot lay-out. Remove Information is duplicated elsewhere 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); i. For each block: 1. The range of uses permitted on the block by right and by special use permit; 2. Build-to lines or ranges, which are the required distance from Clarification/cleanup
Attachment C, p.15 3. Build-to lines, which are the required distance from the right-of-way to a structure; 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); the right-of-way to a structure; 3. Minimum and maximum lot dimensions; 4. Minimum number of stories and maximum building heights; 5. Location of sidewalks and pedestrian paths; 6. Acreage devoted to and characteristics of green space, amenities, and recreational areas and facilities as required by section 4.16; 7. Location, acreage and characteristics of conservation areas and preservation areas as defined in section 3.1, if applicable; 8. Location of parking areas; 9. Location, acreage and characteristics of civic spaces, which are public areas for community or civic activities (e.g., libraries and their associated yards, schools and places of worship); 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 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. The following uses shall be permitted in an NMD, subject to the regulations in this section and section 8, the approved application plan and code of development, and the accepted proffers: a. By right uses. The following uses are permitted by right if the use is expressly identified as a by right use in the code of development or if the use is permitted by a determination by the zoning administrator pursuant to section 8.5.5.2(c)(1): 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 subsections (b)(2) and (b)(3); provided that the use is identified in the approved code of development. Clarification about what is and isn’t by-right in the Code of Development By special use permit. The following uses are permitted by special use permit: b. By special use permit. The following uses are permitted by special use permit if the use is expressly identified as use permitted by special use permit in the code of development: 1. Each use allowed by right or by special use permit in any other zoning district. Allowing a future use by special use permit allows for conditions to be applied in the future that may not be anticipated during the rezoning. 20 A.7 Residential Density 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. b. The gross residential density shall be measured in dwelling units per acre and calculated by dividing the proposed number of dwelling units in the proposed district by the gross acreage of the district. Corrects the error in the formula as currently stated. Sec. 20A.9 Green spaces, amenities, 1. For areas shown in the land use element of the comprehensive plan as neighborhood density residential, urban density residential, transitional, neighborhood service, 1. For areas shown in the land use element of the comprehensive plan as neighborhood density residential, urban density residential, transitional, neighborhood service, Cleanup and clarification
Attachment C, p.16 conservation areas and preservation areas 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. 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. community service, or office service, the area devoted to green space shall be at least twenty percent (20%) of the gross acreage of the area proposed to be rezoned. 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 area proposed to be rezoned. 3. For areas having a land use designation not addressed in subsections (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. 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. 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 area proposed to be rezoned. 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 area proposed to be rezoned. 3. For areas having a land use designation not addressed in subsections 20A.9 (b)(1) and 20A.9.(b)(2), the recommendations of the applicable provisions of the comprehensive plan shall be guidance on the minimum area devoted to amenities. Cleanup and clarification 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. Each street within an NMD shall meet the street standards for a traditional neighborhood development established by the department community development. Cleanup