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HomeMy WebLinkAbout11 18 86 PC MinutesNovember 18, 1986 The Albemarle County Planning Commission held a public hearing on Tuesday, November 18, 1986, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. David Bowerman, Chairman; Mr. Richard Cogan, Vice Chairman; Mr. Harry Wilkerson; Ms. Norma Diehl; Mr. Richard Gould; Mr. Tim Michel; and Mr. Peter Stark. Other officials present were: Mr. Ronald Keeler, Chief of Planning; Mr. David Benish; Planner; and Mr. Frederick Payne, Deputy County Attorney. The Chairman called the meeting to order at 7:30 p.m. and established that a quorum was present. The minutes.of the October 28, 1986 and November 6, 1986 meetings were approved as submitted. Commonwealth Drive Site Plan - Proposal to locate a 12,350 square foot, 2-story office/retail center to be served by 125 parking spaces. (Total square footage of office/retail use is ±19,788 square feet.) The total area of the site is 1.9 acres. Zoned C-1, Commercial. The property is located adjacent to the Sperry Corporation site in the southeast quadrant of the intersection of Hydraulic and Commonwealth Drive. Tax Map 61W, parcel 21A. Charlottesville Magisterial District. Mr. Benish gave the staff report. There was some discussion as to whether or not parking was adequate (85 spaces for 12,000 square feet). Mr. Keeler explained the requirement is 1 space/100 sq. ft. for the first 5,000 square feet of retail space, and then 1 space/200 sq. ft. thereafter. He added that it is not uncommon to have a mix of retail and office uses on one site plan and it is standard procedure to have a note placed on the plan which states that future use of the property will be limited by available parking. He explained this would preclude someone from applying for a parking variance. The chairman invited applicant comment. Mr. Roudabush, representing the applicant, addressed the Commission. He explained the waiver to allow for grading within the 20-foot buffer area adjacent to residential property was necessary because the site was previously graded and filed and left in an unstable condition. He stated the buffer strip was never a natural area. He stated the applicant had no objections to any of the proposed conditions of approval. There being no public comment, the matter was placed before the Commission. Mr. Michel moved that the Commonwealth Drive Site Plan be approved subject to the following conditions: 1. A building permit will not be issued until the following conditions are met: a. County Engineer approval of stormwater detention plans and computations; b. County Engineer approval of road plans and drainage calculations for site; c. Issuance of an erosion control permit; November 18, 1986 Page 2 d. County Engineer approval of retaining wall design; e. Virginia Department of Highways and Transportation approval of commercial entrances (and deceleration lane) and right-of-way reservation; f. Albemarle County Service Authority approval of final sewer and water plans, including sewer lateral connection sketch; g. County Fire Officer final approval of hydrant location; h. Planning staff approval of landscape plan. 2. A certificate of occupancy will not be issued until the following condition is met: a. Signs shall be posted at the western entrance to indicate this is an entrance only - no exit. 3. Waiver of section 21.7.3 of the Zoning Ordinance for grading within 20 foot buffer area. Mr. Cogan seconded the motion. Mr. Gould expressed interest in the County's "track record" in monitoring mixed uses such as this. He was concerned about inadequate parking in the future. Mr. Keeler explained that this was a zoning matter, i.e. it is their respon- sibility to ensure that the new tenant is consistent with all the zoning regula- tions. The previously stated motion for approval passed unanimously. The Chairman asked staff to request that the Zoning Administrator make a presentation to the Commission explaining the way they review requests for usage and how they go about granting new uses on a site. ZTA-86-7 FHM PARTNERSHIP - Request to amend CO, Commercial Office and 3.0 Definitions sections of the Albemarle County Zoning Ordinance to provide for "school of special instructions" as a use by right together with definition. Also, to include the sales and services of musical instruments, clubs and lodges and other semi-public establishments in CO, Commercial Office. Deferred from the November 6, 1986 Planning Commission Meeting. Mr. Keeler gave the staff report. He confirmed the proposed amendment would allow sale/service of goods associated with the principal use, but only as accessory to the school use. In response to Mr. Bowerman's question, Mr. Keeler stated that this would not necessarily restrict the clientele to members of the school only. Mr. Payne explained, "It wouldn't restrict it in the sense that it would be illegal for me, when taking my child in for drawing lessons, to buy a pencil. But it certainly would not be, in my example, an art supply store, which would advertise independently, etc. If it were open to the public, it would be difficult for me to envision how it could be accessory to a private school and be open to the public generally." _0 /I./ November 18, 1986 Page 3 Mr. Bowerman raised the question of enforcement. It was again determined this would be a responsibility of the Zoning Department and a violation would be treated as any other zoning violation. There being no public comment, the matter was placed before the Commission. Mr. Michel expressed concern about parking requirements for a "school of special instruction." Mr. Payne explained there is a provision in the Ordinance which addresses parking for schools. Mr. Keeler added that for "schools in which pupils drive to school" the requirement is 1 space/two pupils, plus 1 space/employee. He stated further that this is another instance where Zoning, at the time of issuance of a certificate of occupancy, should determine if parking is adequate. Ms. Diehl questioned how it would be possible to limit the sale of goods to students of the schools only and suggested this could possibly create parking problems. She asked what was the advantage of allowing this by right rather than by special permit in relation to the County being able to condition concerns such as the parking. Mr. Keeler responded, "It is still up to Zoning to enforce this. I am not sure it really makes a great deal of difference if the Commission and Board review it if Zoning doesn't provide the follow-up." Mr. Payne added, "As a practical matter, it does not make any difference." Ms. Diehl stated, "Although we could condition a special permit directly related to uses applied for." Mr. Payne agreed that was correct, but pointed out that even if a school were approved with a limitation of 30 students at one time (15 parking spaces plus employee parking), it would still ea Zoning issue if a violation occurred. He added, "As a practical matter, it isn't going to make a whole lot of difference because, obviously, if you have a site plan that shows 15 spaces you are inherently limited to 30 students and if you have more than 30 students, you are in violation." He added, "A special use permit is not really terribly useful when it comes to augmenting enforcement on an issue like this." Mr. Keeler stated that, historically, Zoning has encorced the regulations and he assumed they were still doing so. Mr. Cogan expressed concern that the term "Private School" could allow a trade or technical school which normally would be allowed only in the HC district. He felt the term "private school" was not specific enough. Mr. Michel agreed. He was concerned about allowing a use in the CO zone which normally would be allowed only in a zone with uses of higher intensity. Mr. Keeler stated there were two alternatives: (1) Disapprove putting it in the CO district; or (2) Put it in by special use permit. He pointed out that in developing the new Zoning Ordinance staff endeavored to keep the uses by special permit to a minimum because under the prior ordinance there were more uses by special permit than by right. 1 Mr. Bowerman agreed Mr. Cogan had a legitimate concern. A November 18, 1986 Page 4 Mr. Bowerman stated the Commission would not be as concerned if it were certain that only dance or art schools were possible. Mr. Keeler stated that the term "School of Special Instruction" could be used in place of "Private School." He read the following definition of School of Special Instruction: "A school giving musical, dramatic, artistic and cultural subjects." It was agreed this was closer to what the Commission envisioned. Mr. Keeler confirmed the term Private School could be changed to School of Special Instruction, with a definition included. In response to Ms. Diehl's question, Mr. Keeler stated that School of Special Instruction was by special use permit in the Residential district (R-3) under the prior ordinance. It was the consensus of the Commission to change the term Private School to School of Special Instruction. Mr. Payne confirmed the definition already exists in the current ordinance. It was determined the Commission had no problem with the wording for the accessory uses (23.2.1.6) as follows: Sale/service of goods associated with the principal use such as but not limited to: musical instruments, musical scores, textbooks, artist's supplies and dancing shoes and apparel. The Commission then discussed the proposed addition of clubs and lodges as a use by right in the CO district. Mr. Keeler read the following supplementary regulations in 5.1.2: "Clubs and lodges: (a) Regardless of provisions of individual zoning districts, gun clubs and shooting ranges shall be permitted by special use permit only; (2) Such subordinate uses and fund raising activities as bingo, raffles, auctions, etc., shall be conducted in enclosed buildings only. Noise from such activities shall not exceed 40 decibles at the nearest agricultural/residential property line. No such activity shall be conducted between 11 p.m. and 8 a.m." Ms. Diehl felt these uses were very different from the uses that are already in the district, which are generally daytime uses. She pointed out that these uses could be expected to generate a lot of evening activity and stressed that this is a transitional zone. She stated she could not support the use as a use by right. Mr. Michel agreed. Mr. Bowerman asked if it were possible for the Commission to recommend part of the amendment for approval. Mr. Payne confirmed this was possible but added that the Commission must address both issues, i.e. recommend that part for approval which the Commission feels appropriate, and recommend denial of that part which the Commission finds offensive. Mr. Bowerman indicated he agreed with Ms. Diehl also. Mr. Payne pointed out that clubs and lodges are permitted by special permit in the Residential district. November 18, 1986 Page 5 M Mr. Cogan stated his main concern was the possibility of a dual use, i.e. a space being shared by more than use. However, he felt this concern could be addressed if the use were permitted by special permit. Mr. Payne confirmed this was correct. Under those circumstances, Mr. Cogan stated he would have no problem with the use by special permit. Mr. Bowerman summarized it was the consensus of the Commission that it could recommend favorably on the School of Special Instruction and accessory uses, but could recommend favorably on Clubs and Lodges ONLY as a use by special permit. Ms. Diehl stated she would prefer that all three uses be by special permit since schools of special instruction could also involve evening usage. It was determined that the accessory uses would still be applicable under a special permit. Ms. Diehl moved that ZTA-86-7,to amend the Commercial Office district and 3.0 Definitions sections of the Albemarle County Zoning Ordinance to provide for School of Special Instruction, Clubs and Lodges as uses by special permit, be recommended to the Board of Supervisors for approval as follows: 1. Add to 23.2 PERMITTED USES BY SPECIAL PERMIT in the CO Commercial Office District: 23.2.2.6 School of Special Instruction 23.2.2.7 Clubs and Lodges - Civic, fraternal, patriotic (reference 5.1.2) 2. Add to 23.2.1.6 (Accessory uses and structures incidental to the principal uses provided herein) the following: Sale/service of goods associated with the principal use such as but not limited to: musical instruments, musical scores, textbooks, artist's supplies and dancing shoes and apparel. Mr. Michel seconded the motion which passed unanimously. ZTA-86-08 Cistercians of the Strict Observance in Massachusetts, Inc. - The Albemarle County Planning Commission has adopted a Resolution of Intent to amend Section 10.2.2 of the Albemarle County Zoning Ordinance to allow monasteries and convents, as defined, with a special use permit in the Rural Area Zoning District. AND SP-86-60 Cistercians of the Strict Observance in Massachusetts, Inc. - Request in accordance with Section 10.2.2 (35) of the Albemarle County Zoning Ordinance for the issuance of a special use permit to allow for a convent. Property, described as Tax Map 27, parcels 40A and 40 is located on the north side of Route 674, two miles east of White Hall. White Hall Magisterial District. Mr. Keeler presented the staff reports. ��D November 18, 1986 Page 6 Mr. Payne confirmed that the reference to Chapter 2, Title 57 of the Code of Virginia, covers his concerns. The Chairman invited applicant comment. Mr. Murray, representing the applicant, addressed the Commission. He stated there is a slight problem with Chapter 2, Title 57, but he did not feel it was an insurmountable problem. Mr. Payne agreed that the matter could be worked out. Mr. Murray suggested that the application be approved with the understanding that the applicant has satisfied Mr. Payne's requirement before an occupancy permit is issued. Mr.Payne stated he felt that was implicit in the conditions and nothing additional need be added. There being no public comment, the matter was placed before the Commission. Ms. Diehl moved that ZTA-86-08, to amend Section 10.2.2 of the Albemarle County Zoning Ordinance to allow monasteries and convents, as defined, as a use by special use permit in the RA District, be recommended to the Board of Supervisors for approval as follows: 1. ADD to 3.0 DEFINITIONS: COVENT: An association or community of recluses devoted to a religious life under a superior, a body of monks, friars, or nuns, constituting one local community. Includes also MONASTERY. MONASTERY: See COVENT. 2. Add to RA, Rural Areas uses by special permit: 10.2.2.41 Convent, Monastery 3. Add to 5.0 Supplementary Regulations: 5.1.29 COVENT, MONASTERY a. The ownership of the convent/monastery shall conform in all respects to the provisions of Chapter 2 of Title 57 of the Code of Virginia, as the same may be amended from time to time, or any successor statute. b. This provision is intended to accommodate the long term residency of nuns, monks, or friars in a communal setting as opposed to transient occupancy as may be experienced in other religious retreats; provided that nothing contained herein shall be deemed to preclude temporary lodging of guests as an accessory use to the convent or monastery. Mr. Stark seconded the motion. There was a brief discussion as to the future implications of this amendment, i.e. the possibility of an application from an unusual type of religious organization. Mr. Payne explained that it was always appropriate for the November 18, 1986 Page 7 Commission to take into consideration issues such as traffic generation, noise, sewage and water facilities, etc, but it was not appropriate for the Commission to let specific religious practices or beliefs influence their decisions. The previously stated motion for approval passed unanimously. The matter was to be heard by the Board on December 3, 1986. Mr. Cogan moved that SP-86-60 for Cistercians of the Strict Observance in Massachusetts, Inc. be recommended to the Board of Supervisors for approval subject to the following conditions: 1. Staff approval of site plan including Virginia Department of Highways and Transportation approval of entrance location/improvements; 2. Future development limited to descriptions contained in this report; 3. Compliance with 5.1.29 CONVENT, MONASTERY of the Zoning Ordinance. Mr. Wilkerson seconded the motion which passed unanimously. The matter was to be heard by the Board on December 3, 1986. ZTA-86-09 Site Development Plan - The Albemarle County Planning Commission has adopted a Resolution of Intent to amend and readopt Section 32. 0 of the Albemarle County Zoning Ordinance. The amendment will restructure the Site Development Plan requirements of the Ordinance with the primary change being provisions for a preliminary plan and final plat. Mr. Keeler presented the staff report. The Chairman invited public comment. Ms. Joan Graves addressed the Commission. Her concerns included the following: --Typographical errors in 32.3.10; 32.7.1.2; 32.7.2.7; 32.7.6.1. --Possibly change wording in 32.2.2 to make it consistent. --Questioned the use of the word "shall" in 32.3.11 as it applied to waivers. --She questioned how the general public would be made aware of waivers (32.3.11.4). --32.5.6.2 - She was concerned that a 10-foot deviation could be allowed which might make a significant difference to an adjacent property owner. --32.7.4 - She questioned if the waiver procedure should apply here. --32.7.5.3 - She was concerned that percolation tests are not referred to. --32.7.9.3 - She was concerned that allowing an agent to waive or vary landscape requirements might mean that an adjacent property owner might not be made aware of such waivers. --32.7.9.8 - She was concerned that the height of trees and shrubs has been deleted. Though Ms. Graves stated she felt the proposed amendments were much more readable than the current provisions, she was very concerned about the number of waivers allowed. i %7 1 November 18, 1986 Page 8 Mr. Blake Hurt addressed the Commission and expressed his support for the proposed amendments. There being no further public comment, the matter was placed before the Commission. Ms. Diehl stated she understood Ms. Graves' concern about the use of the term "waiver" in the Minimum Standards Section (32.2.7), and questioned whether the term was necessary in the Ordinance if "we have maintained variation and substitution." She continued, "It seems to me that waiver implies an elimination whereas variation or substitution refers to that alternate means of accomplishing the same thing." Mr. Payne responded, "I'm not really sure how much practical difference that makes. I agree with your analysis of the words and, specifically, the word 'waive' does imply that you are eliminating some particular requirement altogether. But that may very well be the result if the requirement be varied or modified as well." Ms. Diehl indicated her main concern was the public view of the term "waiver." She felt the same thing could be accomplished without using the term. Mr. Payne agreed that that was probably true, but added, "As a practical matter, I don't think there's much difference." He further stated, "Frankly, I think it is intellectually more honest (if you tell someone to forget about a requirement in this case) to call that a waiver or an elimination than it is to call it a variation." Mr. Keeler added, "If you don't have a waiver provision, then basically what you're saying is that all these requirements, in some form or another, are applicable in every single case. That may not be true." Ms. Diehl stated that situations requiring waivers, rather than variations or substitutions, would be very limited. Mr. Bowerman pointed out that the Commission does not have to grant a waiver, but the use of waivers allows the Commission to consider the individual circumstances of each site and there might be times when the public interest is best served by the granting of a waiver. Mr. Payne agreed with Ms. Diehl that waivers must be employed sparingly, because if a requirment is waived with any kind of frequency, the ordinance should be amended as it applies to that provision. Mr. Gould stated, "The whole spirit is compliance and we are only looking for those situations which simply can't comply and that gives us the power, in appropriate circumstances, to deal with them." Mr. Cogan thought that the public has a fear of the term since it implies that an entire section of the ordinance is being waived, whereas in many cases an alteration to only a portion of the ordinance is being allowed. He stressed that it must be understood that the waiver process is the exception rather than the rule. 9 November 18, 1986 Page 9 Regarding Ms. Graves' concern about staff granting waivers to the landscape plan, Mr. Cogan pointed out that staff has historically re -submitted to the Commission any change that was felt to be significant. Regarding Ms. Graves' concern about the deletion% height requirement for trees and shrubs, Mr. Keeler pointed out that it has not been deleted, but rather because the existing ordinance repeats the requirement several times, it was just moved to one place (the Landscape Ordinance). Regarding Mr. Cogan's comments about significant changes to a plan, Mr. Keeler stated, "This prohibits us from approving something that is contrary to something that you have specifically approved." He explained that the staff would never grant a waiver of a condition that the Commission has already imposed. Regarding Ms. Graves' concern about public input, Mr. Keeler explained that if adjacent property owners have concerns about landscaping, they should be present at the preliminary plan hearing. Mr. Keeler further explained, "The way the Landscape Ordinance is written, it would be administered by the staff, but that wouldn't preclude (the Commission) from making requirements at the time of the preliminary plan." He added, "The Waiver and Modification provisions for the Landscape Plan are fashioned after the provisions for administrative approval of site plan amendments and we have had that in the ordinance for a number of years and it has worked quite well." He quoted the following from the ordinance: "Provided that such variation and waiver shall result in a plan substantially in compliance with the approved site development plan together with all conditions imposed by the Planning Commission." In response to Mr. Cogan's question, Mr. Keeler confirmed that that would come after the preliminary plan, i.e. the modifications or waivers of requirements. Mr. Keeler pointed out, "But the way it's written it prohibits us from granting a waiver from a condition that (the Commission) imposed." There was some concern because the Commission would often not see a landscape plan at the time of a preliminary plan review. Mr. Keeler read the following which explained when a landscape plan is required at the time of the preliminary plan review: "The foregoing notwithstanding, a landscape plan shall be required at time of preliminary plan review when the impervious coverage of the site exceeds 80% of the gross site area or when the agent determines, due to unusual circumstances, conditions of the site, or by character of the proposed use, review at the preliminary plan stage is warranted or in any case where required by the Commission." Mr. Payne pointed out that the Commission does not see a landscape plan, in most cases,under the existing procedure, nor does the public see the plan. — rah November 18, 1986 Page 10 Mr. Bowerman felt this was no different from the current operating procedure. Mr. Cogan indicated he understood, but stated he would like to avoid deferrals of preliminary plans. Mr. Keeler indicated staff was aware of the Commission's concerns and in certain cases would advise applicants to have a landscape plan available at the time of preliminary plan review. Mr. Cogan cautioned against getting into a situation where the landscaping is compromised because the site is being overdeveloped. Ms. Diehl stated that this essentially does not change the current procedure, which is working well. Mr. Payne confirmed this was true. Mr. Bowerman stated that one result of this Site Development Ordinance is that the developer will be able to save some of the "up front" money. Mr. Wagner, a local developer, added that not only will be the developer be saved time and money, the staff will save time and, therefore, the County will save money also. Mr. Stark moved that ZTA-86-09, to amend and readopt Section 32.0 of the Albemarle County Zoning Ordinance which will restructure the Site Development Plan require- ments of the Ordinance with the primary change being provisions for a preliminary plan and final plat, be recommended to the Board of Supervisors for approval as follows: R N./ N6vember 18, 1986 Page 11 32.0 SITE DEVELOPMENT PLAN 32.1 INTENT There is a mutual responsibility between Albemarle County and the developer to develop land in an orderly manner. The purpose of this section is to encourage innovative and creative design and facilitate use of the most advantageous techniques and highest standards in the development of land in Albemarle County; and to ensure that land is used in a manner which is efficient, harmonious with neighboring property and in accordance with the adopted Comprehensive Plan for Albemarle County and with the provisions of this ordinance. Nothing herein shall require the approval of any development, use or plan, or any feature thereof, which shall be found by the commission, the board of supervisors or its agent, to constitute a danger to the public health, safety or general welfare, or which shall be determined by such commission, board of supervisors or agent, to be departure from or violation of sound engineering design or standards. Compliance with the provisions of this section shall in no event be construed to relieve the applicant of the duty of compliance with all other provisions of the law applicable I'Ww to the development in question. 32.2 WHEN REQUIRED 32.2.1 A site development plan shall be required for any construction, use, change in use or other development in all zoning districts; provided that no such plan shall be required for.the following: a. The construction or change in occupancy of any single-family detached dwelling unit which is located upon a tract or parcel whereon are located or proposed to be located an aggregate of two (2) or fewer such units. b. The location of a two-family dwelling on any lot or parcel not occupied by any other dwellings. C. Any accessory structure to a single-family or two-family dwelling. d. Any agricultural activity except as otherwise provided in section 5.0. e. . Any change in or expansion of a use except where the sale of gasoline is involved; provided that: (1) such change or expansion does not occasion additional November 18, 1986 Page 12 parking under the requirements of this ordinance; (2) no additional ingress/egress or change in ingress/egress is recommended by Virginia Department of*60 Highways and Transportation based on intensification of use; (3) no additional ingress/egress or alteration of existing ingress/egress is proposed. 32.2.2 The foregoing notwithstanding, the commission may waive the requirement of a site development plan in a particular case upon a finding that the requirement of such plan would not forward the purpose of this ordinance or otherwise serve the public interest; provided that no such waiver shall be made until the commission has considered the recommendation of the agent. The agent may recommend approval, approval with conditions, or denial of such waiver. In the case of conditional approval, the agent in his recommendation shall state the relationship of the recommended condition to the provisions of this section. No condition shall be imposed which could not be imposed through the application of the regulations of section 32.0. 32.3 ADMINISTRATION 32.3.1 The director of planning and community development of Albemarle County is hereby designated the agent of the board of supervisors, (agent) of Albemarle County for purposes of the administration of this section. 32.3.2 The agent shall be responsible for the receipt and processing of site development plan applications subject to the procedures as hereinafter provided. 32.3.3 The agent may from time to time establish such reasonable administrative procedures as shall be necessary for the proper administration of this section. 32.3.4 All county and state officers and employees responsible for the supervision and enforcement of this section shall have the right to enter upon the property at all reasonable times during the period of construction for the purpose of making periodic inspections for compliance with this section. It shall be the responsibility of the developer to notify the zoning administrator when each stage of development shall be ready for inspection for compliance with the approved site development plan in accordance with schedules and regulations promulgated by the zoning administrator and as approved by the board of supervisors. 32.3.5 Improvements - Construction and Bonding All improvements required by this section shall be installed at the cost of the developer, except where cost sharing or reimbursement agreements between Albemarle County and the developer are appropriate, the same to be recognized by formal written agreement prior to site development plan approval. 9 7& November 18, 1986 Page 13 such fees to be paid one-half at the time of filing of the plan and the remainder prior to final approval. Such fees shall be calculated as set forth in section .►. 35. (amended 5-5-82). b. In addition, for site development plan field inspections as the site is developed, the developer shall pay to the county a fee as prescribed by a fee schedule of the building inspections department. C. All fees shall be paid prior to the issuance of any certificate of occupancy. 32.3.10 APPEALS The Board of Supervisors reserves unto itself the right to review all decisions of the commission made in the administration of Section 32.0 which in its discretion, it shall deem necessary to the proper administration hereof. Any person aggrieved by any decision of the commission in the administration of this section may demand a review of the application by the Albemarle County Board of Supervisors. Such demand shall be made by filing a request therefor in writing with the agent within ten (10) calendar days of the date of such decision. The board of supervisors may affirm, reverse or modify, in whole or in part, the decision of the commission. In so doing, the board of supervisors shall give due consideration to the recommendations of the site plan review committee and the commission. In addition, it may consider such other evidence as it deems necessary for a proper review of the application. Any person aggrieved by a decision of the agent or site review committee may demand a review by the commission of the specific decision concerned. Such request shall be made in writing and filed with the agent within ten (10) calendar days of the date of such decision. For the purpose of this section the term "person aggrieved" shall be limited to the applicant, persons required to be notified pursuant to section 32.4.2.5 the commission, any member thereof, the agent, the zoning administrator, county executive, board of supervisors, or any member thereof. 32.3.11 WAIVER, VARIATION, SUBSTITUTION 32.3.11.1 The commission may waive, vary, or accept substitution for any requirement of 32.7 - Minimum Standards for Improvements in a particular case upon a finding that requirement of such improvement would not forward the purposes of this ordinance or otherwise serve the,public interest; or .in the case of substitution, that such �1_77 November 18, 1986 Page 14 32.3.6 The approval of site development plan or the installation of the improvements as required by this section shall not obligate the county to accept improvements for maintenance, repair or operation. Acceptance shall be subject to county and/or state regulations, where applicable, concerning the acceptance of each type of improvement. 32.3.7 Prior to the final approval of any site development plan, there shall be executed by the owner or developer an agreement to construct all physical improvements required by or pursuant to this section which are to be dedicated to public use. The agent may require prior to final approval, issuance of a building permit, or issuance of a certificate of occupancy a bond with surety approved by the agent, in an amount sufficient to cover the estimated costs of such improvements. In determining the estimated costs of the improvements to be bonded, the owner or developer shall submit an estimate of such costs which shall be reviewed and approved by the county engineer. The agreement and bond shall provide for and be conditioned upon completion of all work within a time specified by the agent. The completion of all other improvements required by or pursuant to this section shall be certified and/or bonded as provided in section 31.2.3 of this ordinance. 32.3.8 Revisions No change, revision or erasure shall be made on any pending or final site development plan nor on any accompanying data sheet where approval has been endorsed on the plan or sheet unless authorization for such change is granted in writing by the agent. Any site development plan may be revised, provided that request for such revision shall be filed and processed in the same manner as the original site development plan. The foregoing notwithstanding, the agent may approve administratively, without submission to the site review committee or the commission, minor changes to approved site development plans in any case in which he shall determine that the site development plan, as amended, is in compliance with the terms of all applicable law; is substantially in compliance with the approved site development plan together with all conditions imposed by the commission or agent thereof; and will have no additional adverse impact on adjacent properties or public facilities. 32.3.9 FEES a. The developer shall pay to the county a fee for the examination and approval or disapproval of site development plans submitted pursuant to this section November 18, 1986 Page 15 alternative will satisfy the purpose of this ordinance to at least an equivalent degree as the required improvement. "obw 32.3.11.2 Whenever, because of unusual size, topography, shape of the property, location of the property, or other unusual conditions, excluding the proprietary interests of the developer, strict application of the requirements of 32.7 would result in significant degradation of the site or adjacent properties, the requirement may be varied or waived by the commission; provided that, such variance or waiver shall not be detrimental to the public health, safety, or welfare, to the orderly development of the area, or to the sound engineering practice. 32.3.11.3 Upon finding in any case that by substitution of technique, design, or materials of comparable quality but differing from those required by 32.7, a developer will achieve results which substantially satisfy the overall purposes of this ordinance in a manner equal to or exceeding the desired effects of the requirement in 32.7, the commission may approve such substitution of technique, design, or materials. 32.3.11.4 A developer requesting waiver, variation, or substitution pursuant to this section shall file with the agent a written request which shall state reasons and justifications for such request together with such alternatives as may be proposed by the developer. Such request shall be submitted prior to commission consideration by such date as may be specified by the agent. No such request shall be considered by the commission until the commission has considered the recommendation of the agent. The agent may recommend approval, approval with conditions, or denial. A recommendation of approval or conditional approval shall be accompanied by a statement from the agent as to public purpose served by such recommendation, particularly in regard to the purpose and intent of this ordinance, the subdivision ordinance, and the comprehensive plan. 32.4 PROCEDURE Preliminary Conference With Staff 32.4.1 An informal meeting and discussion between the applicant and the county planning staff may be held prior to the submission of a preliminary plan. The applicant may present a preliminary schematic master plan showing: a. Boundary lines of subject property; b. Existing land conditions, existing topography at a maximum of ten (10) foot contour intervals, and soils information; CM November 18, 1986 Page 16 c. General lay -out design of what is proposed on a scale of not smaller than one (1) inch equals one hundred (100) feet; d. Building setback lines; e. Zoning of subject property and adjacent parcels; and f. Notation if within public water supply watershed. This is not to be considered binding by the county or the owner of the property, but serves simply as a guide toward future development as each section of development is submitted for final approval. 32.4.2 PRELIMINARY PLAN SUBMITTAL 32.4.2.1 Applications for preliminary plan approval shall be submitted to the Albemarle County Department of Planning & Community Development. Plans which lack information required by S 32.5 shall be deemed to be incomplete and shall be rejected by the agent within ten (10) days of submittal. 32.4.2.2 There is hereby created a site plan review committee composed of representatives of the Albemarle County Department of Planning & Community Development, the Albemarle County Engineer's Office, the Albemarle County Service Authority, the Watershed Management Official, the Albemarle County Fire Official, the Virginia Department of Health, the Virginia Department of Highways and Transportation, and the United States Department of Agriculture Soil Conservation Service. The committee shall have the power to make rules for the regulation of its business, subject to the approval of the commission. 32.4.2.3 The agent shall transmit all applications for preliminary plan approval to the site plan review committee. The committee shall review all such applications for technical compliance with the provisions hereof. Upon completion of its review, the committee shall make recommendations to the agent. 32.4.2.4 The developer shall revise the plan to include all requirements of the site plan review committee and shall submit such revisions by a date prescribed by the agent. Where the revised plan does not include required revisions, the agent shall suspend review and notify the applicant in writing that the plan shall not proceed until required revisions are complete as determined by the agent. -1R01 November 18, 1986 Page 17 cm Nothing contained herein shall obligate the developer to revise the plan to include recommendations of the committee. However, in such case in which the developer does not revise the plan to include recommendations of the committee, the developer shall submit in writing to the agent by the revision date a statement as to the reasons and justification for not incorporating such recommendations in the revised plan. At such time as the agent determines that the plan is in compliance with the requirements of this section, the agent shall transmit the plan together with the recommendations of the committee and his comments and recommendations to the commission for action. 32.4.2.5 Notice of preliminary plan submission shall be sent by first class mail to the last known address of all owners of property adjacent to the development. In any case in which the property so adjacent is owned by the applicant, notice shall be given to the owners of the next adjoining property not owned by the applicant. Mailing to the address shown on the current real estate tax assessment books of Albemarle County shall be deemed adequate compliance with this requirement. No preliminary plan shall be approved within ten (10) calendar days of the date of the mailing of such notice. The notice shall state the type of use proposed, specific location of development, appropriate county office where the preliminary plan may be viewed, and date of commission meeting. (Amended 6-3-81). 32.4.2.6 The commission shall approve or disapprove the application within sixty (60) calendar days from the date of the application, except in those cases where the agent has suspended review of the preliminary plan under Section 32.4.2.4 of this ordinance. In so doing, the commission shall give due consideration to the recommendations of the site plan review committee and the agent. In addition, it may consider such other evidence as it deems necessary for a proper review of the application. In approving a preliminary plan, the Commission may determine to review in whole or in part the final site development plan. 32.4.2.7 Any person aggrieved by a decision of the agent, site plan review committee, or the Commission may appeal the specific decision concerned, pursuant to Section 32.3.10 of this ordinance. 32.4.3 FINAL SITE DEVELOPMENT PLAN SUBMITTAL 32.4.3.1 In order to be eligible for administrative approval by the agent a final site development plan shall be submitted within six (6) months of the date of commission approval of the preliminary plan. In any case, the final site '_Q9i November 18, 1986 Page 18 development plan shall be submitted within one year of the commission approval of the preliminary plan or the preliminary plan approval shall expire. The site development plan shall be reviewed by the commission if (1) there is substantial change from the approved preliminary plan; or (2) if the commission requested review of the plan during preliminary plan approval. During the above time period, the applicant shall work to satisfy the conditions of preliminary plan approval and to obtain tentative approvals for the final site development plan from the agencies represented on the site plan review committee. The final site development plan shall be reviewed in accordance with the regulations of § 32.0 in effect at time of preliminary site development plan approval. 32.4.3.2 Application for final site development plan (also called site development plan) approval shall be submitted to the Albemarle County Department of Planning & Community Development. Plans which lack items required in Section 32.6 shall be deemed to be incomplete and shall be rejected by the agent. 32.4.3.3 The agent shall transmit application for site development plan approval to the site plan review committee for its review. The committee shall review such application for technical compliance with the provisions hereof and any conditions of approval of the preliminary plan. 32.4.3.4 For a plan not eligible for administrative approval, the committee shall make recommendations to the agent. The plan shall proceed as for a preliminary plan, following procedures in Sections 32.4.2. 32.4.3.5 For a plan eligible for administrative approval, the committee shall give final approval to the plan if required revisions are complete, or defer approval if further required revisions are necessary. 32.4.3.6 At such time as the plan is approvable, all members of the site review committee shall sign the master drawing required under § 32.6.4. 32.4.3.7 Approval of the site development plan pursuant to this section shall expire twelve (12) months after the date of approval unless actual building construction shall have commenced and is thereafter prosecuted in good faith. 32.4.3.8 Any person aggrieved by a decision of the agent or site plan,%d review committee or commission may appeal the specific decision concerned, pursuant to Section 32.3.10 of this ordinance. 981� November 18, 1986 Page 19 M 32.5 PRELIMINARY PLAN CONTENT 32.5.1 Fourteen (14) clearly legible blue or black line copies of a preliminary plan shall be filed with the Albemarle County Department of Planning & Community Development. 32.5.2 If revisions are necessary, seven (7) full-sized revised copies and one (1) reduced revised copy no larger than 11" x 17" shall be submitted by the revisions deadline. 32.5.3 All waiver requests shall be submitted with the preliminary plan and clearly state the specific items being requested for waiver. 32.5.4 The preliminary plan shall be dimensioned to the accuracy standards required in 32.5.6(r) 32.5.5 The preliminary plan shall be prepared to the scale of one (1) inch equals twenty (20) feet or to such scale as may be approved by the agent in a particular case; no sheet shall exceed 42 inches by 36 inches in size. The preliminary plan may be prepared on one (1) or more sheets. If prepared on more than one (1) sheet, match lines shall clearly indicate where the several sheets join. 32.5.6 The preliminary plan shall contain the following information: a. The name of the development; name of the owner, developer, and individual who prepared the plan; tax map and parcel number; zoning; together with description of any variances zoning proffers, and bonus factors applicable to the site; magisterial district, county and state; north point; scale; one datum reference for elevation (where 30.3 Flood Hazard Overlay District is involved, United States Geological Survey vertical datum shall be shown and/or correlated to plan topography); the source of the topography; the source of the survey; sheet number and total number of sheets; date of drawing; date and description of latest revision; owner, zoning, tax map and parcel number and present use of adjacent parcels; departing lot lines; minimum setback lines, yard and building separation requirements; vicinity map at a scale of one inch equals two thousand feet; and boundary dimensions. b. Written schedules or data as necessary to demonstrate that the site can accommodate the proposed use, including: Proposed uses and maximum acreage occupied by each use; maximum number of dwelling units by type; gross residential density; square footage of recreation 193 November 18, 1986 Page 20 area, percent and acreage of open space; maximum square footage for commercial and industrial uses; maximum number of employees; maximum floor area ratio and lot coverage if industrial; maximum height of all structures; schedule of parking including maximum amount required and amount provided; and maximum amount of impervious cover on the site; if a landscape plan is required, maximum amount_ of paved parking and vehicular circulation areas. C. Description of any variances, rezoning proffers or bonus factors which are applicable to the site. d. If phasing is planned, phase lines and proposed timing of development. e. Existing topography (up to 20% slope, maximum five (5) foot contours, over 20% slope, maximum ten (10) foot contours). Proposed grading (maximum five (5) foot contours) supplemented where necessary by spot elevations; areas of the site where existing slopes are 25% or greater. Existing topography for the entire site and a minimum of 200 feet outside of the site unless otherwise approved by the agent. f. Existing landscape features as described in Section 32.7.9.4(c). g. The name and location of all watercourses and other bodies of water adjacent to or on the site. Indicate if the site is located within a reservoir watershed. h. Location of septic setback lines from watercourse and other bodies of water. i. one hundred (100) year flood plain limits, as shown on the official flood insurance maps for the County of Albemarle. j. Existing and proposed streets, access easements and travelways, together with street names, state route numbers, right-of-way lines and widths, centerline radii, and pavement widths. k. Location and size of: existing water and sanitary sewer facilities and easements; storm sewer facilities, drainage channels; and drainage easements. 1. Proposed conceptual.layout for water and sanitary sewer facilities and storm drainage facilities, including storm detention ponds or structures, indicating direction of flow in all pipes and watercourses with arrows. R -99 November 18, 1986 Page 21 M. Location of other existing and proposed utilities and utility easements. n. Location of existing and proposed ingress to and egress from the site, showing the distance to the centerline of the nearest existing street intersection. o. Location and dimensions of all existing and proposed improvements including: buildings (maximum footprint and height) and other structures; walkways; fences; walls; trash containers; outdoor lighting; landscaped areas and open space; recreational areas and facilities; parking lots and other paved areas; loading and service areas together with the proposed paving material types for all walks, parking lots, and driveways; and signs. P. All areas intended to be dedicated or reserved for public use. q. Landscape plan in conformance with Section 32.7.9. r. Where deemed appropriate by the agent due to intensity of development, estimated traffic generation figures for the site based upon current Virginia Department of Highways and Transportation rates for residential land uses, and, the Federal Highway Administration Publication "Development and Application of Trip Generation Rates" for all other land uses. Indicate the estimated vehicles per day and direction of travel for all connections to a public road. S. The preliminary plan shall be dimensioned to at least the following standards for accuracy: 1. Boundary, setback and zoning lines - 1 foot in 1,000 feet (1:1,000). 2. Existing contours - one-half of the contour interval. 3. Proposed contours - within five feet horizontally and vertically. 4. Existing structures, utilities and other topographic features - within five feet. 5. Proposed structures, roads, parking lots and other improvements - within five feet. t. The agent or the commission may require additional information to be shown on the preliminary plan as deemed necessary in order to provide sufficient information for the staff and/or commission to adequately review a preliminary plan. -1 g 5, November 18, 1986 Page 22 32.6 FINAL SITE DEVELOPMENT PLAN CONTENT 32.6.1 Final site development plans together with amendments thereto shall be prepared and sealed by an architect, professional engineer, land surveyor with a 3(b) license, or landscape architect, all of whom shall be licensed to practice in the State of Virginia. 32.6.2 Final site development plans shall be prepared on mylar, sepia, or other such transparency material which shall be termed as the master drawing. Fourteen (14) clearly legible blue or black line copies of the master drawing shall be filed with the Albemarle County Department of Planning & Community Development. 32.6.3 Six (6) copies of a landscape plan shall be filed with the site development plan if not previously submitted. 32.6.4 If revisions are necessary, seven (7) full-sized revised copies shall be submitted by the revision deadline. When the plan is ready for final approval, the full-sized revised master drawing shall be submitted for signatures. Once signatures have been obtained the applicant shall submit four (4) copies of the signed master drawing to the agent. 32.6.5 The site development plan shall be prepared to the scale of one (1) inch equals twenty (20) feet or larger; no sheet shall exceed 36 x 42 inches in size. The site development plan may be prepared on one (1) or more sheets. If prepared on more than one (1) sheet, match lines clearly indicate where the sheets join. 32.6.6 The site development plan shall reflect conditions of approval of the preliminary plan. The site development plan shall contain the following information in addition to all the information required on the preliminary plan: a. Specific written schedules or notes as necessary to demonstrate the requirements of this ordinance are being satisfied. In addition to preliminary plan information, indicate if sale or rental units; number of bedrooms per unit, and number of units per building if multi -family; specifications for recreational facilities. b. Proposed grading (up to 20% slope, maximum two (2) foot contours; over 20% slope, maximum five (5) foot contours). C. Detailed plans for proposed water and sanitary sewer facilities, including: all pipe sizes, types and grades; proposed connections to existing or proposed central systems; location and dimensions of proposed easements and whether the same are to be publicly or privately maintained; profiles and cross sections of November 18, 1986 Page 23 all water and sewer lines including clearance where lines cross; all water main location and sizes; valves and fire hydrant locations; all sanitary sewer appurtenances by type and number; the station on the plan to conform to the station shown on the profile and indicate the top and invert elevation of each structure. d. Detailed construction drainage and grading plans: 1. Profiles of all ditches and channels whether proposed or existing. Show: existing and proposed grades, and invert of ditches, cross pipes or utilities; typical channel cross sections for new construction; and actual cross sections for existing channels intended to remain. 2. Profiles of all storm sewer systems showing existing and proposed grades. 3. Plan view of all drainage systems with all structures, pipes and channels numbered or lettered on the plan and profile views. Show sufficient dimensions and bench marks to allow field stake out of all proposed work from the boundary lines. 4. A drainage summary table for culverts, storm, sewer and channels as described in the following example: Istructure I I I Invert I Invert I I I (Number I Description I Lengthl In I Out ISlope I Remarks I 1 ( 42" RCP I 50' ( 424.50 1424.00 1100% (Provide I I I Class III I I I I I 12, EW- I I I I 2 I I I DI-3B I I L=8 I 426.00 I------ i --- I IS-1 I I I I I I I Top I I I I I 1432.00 I I I I 3 I I I PG-2A I I 400' I 420.00 I 1400.00 I I I 15.00%I D=12" I I I I 4 I I I I Grade Swale I I I I 200' I I 420.00 I 1415.00 I 12.50%I D=18" I I I 5. A legend showing all symbols and abbreviations used on the plan. 09 November 18, 1986 Page 24 6. General notes, typical sections, and details of all items not covered by Virginia Department of Highways and Transportation standard drawings. 7. Flood plain limits for the 100 year storm for all water courses that have a drainage area of 100 acres or more. e. Typical street sections together with specific street sections where street cut or fill is five (5) feet or greater; centerline curve data; radius of curb returns or edge of pavement; location, type, and size of proposed ingress/egress to/from the site; together with culvert size; symmetrical transition of pavement at intersection with existing street; the edge of street surface or face of curb for full length of proposed street; when proposed streets intersect with or adjoin existing streets or travelways, both edges of existing pavement, or travelway together with curb and gutter indicated for a minimum of one hundred (100) feet or the length of connection, whichever is the greater distance. f. Signature panels for Department of Planning & Community Development, Department of Engineering, Department of Zoning, Fire officer, Albemarle County Service Authority, Virginia Department of Health, Virginia Department of Highways and Transportation. g. For all parking and loading areas, indicate: size; angle of stalls; width of aisles and specific number of spaces required and provided and method of computation. Indicate type of surfacing for all paved or gravel areas. h. The final plan shall be dimensioned to at least the following standards for accuracy: 1. Boundary, setback and zoning lines - 1 foot in 10,000 feet (1:10,000). 2. Existing contours - one half of the contour interval. 3. Proposed contours - within 1 foot horizontally and vertically. 4. Spot elevations - within one -tenth (0.101) of a foot. 5. Existing structures, utilities and other topographic features - within two feet. For critical structures accuracy should be within one -tenth of a foot. November 18, 1986 Page 25 6. Proposed structures, roads, parking lots and other improvements - within one one -hundredth (0.01') of a foot. h. Landscape plan in conformance with Section 32.7.9. 32.7 MINIMUM STANDARDS FOR IMPROVEMENTS 32.7.1 Comprehensive Plan NEW The Comprehensive Plan for Albemarle County provides a framework within which public and private decisions can promote the most beneficial arrangement of land use and related public services. The Comprehensive Plan provides for a balanced development policy which accommodates future growth while preserving existing amenities. There is a mutual responsibility between the county and the developer to develop land in an orderly manner in accordance with the intent of the comprehensive plan. The comprehensive plan shall serve as a guide to the developer in preparation of a site development plan. All agencies of the County shall employ, and all other public agencies are encouraged to employ, the standards and recommendations of the comprehensive plan in review of site development plans. 32.7.1.1 In the case of any construction, use, change of use or other SAME development required to be reviewed by the commission under section 15.1-456 of the Code, the provisions of this ordinance shall be deemed supplementary to the said section and shall be construed in accordance therewith. (12-10-80). Any public area, facility or use as set forth in paragraph (a) of section 15.1-456 of the Code which is within, but not the entire subject of, an application under this section, shall be reviewed by the commission as to whether or not the same is substantially in accord with the comprehensive plan as well as for compliance with the design standards hereof. Approval of such application shall be deemed approval of such area, facility or use pursuant to section 15.1-456 (a), (b), and (d) of the Code, subject to review by the board of supervisors pursuant to section 32.3.10 hereof, which review shall, as to such area, facility or use, be deemed to constitute review pursuant to section 15.1-456 (b) of the Code. Upon approval or disapproval of any plan showing such facility, the commission shall promptly communicate its findings to the governing body by forwarding the same in writing to the clerk of the board of supervisors. 32.7.1.2 Site development plans may include provision for the SAME reservation and/or dedication of suitable areas for parks, w.r schools, open space and other public facilities, utilities, and uses as recommended in the adopted comprehensive plan for Albemarle County. The developer shall confer with the November 18, 1986 Page 2 6 board of supervisors or its agent and/or other appropriate public officials of the county to ascertain, if, and when, and in what manner such areas should be reserved for acquisition by the county. Nothing in this provision shall be construed to preclude the dedication of any property for public use which is not included in the comprehensive plan, provided such property is acceptable to the county for dedication and maintenance. The board of supervisors may require, as a condition precedent to approval of the development, that the developer allocate space necessary for public purposes, to the extent that the same shall be reasonably necessitated by the particular development. Where the particular development contributes in part, along with other development or developments in the area, to the need for such facilities, the developer may be required to contribute lands, on a pro-rata basis, for such facilities as are reasonably attributable to the particular development. 32.7.1.3 Where the comprehensive plan indicates a proposed SAME right-of-way greater than that existing on the boundaries of a site development plan, such additional right-of-way shall be reserved for public use when the plan is approved by the measurement of setback from such proposed right-of-way line. 32.7.2 SAFE AND CONVENIENT ACCESS; CIRCULATION; PEDESTRIAN WAYS; NEW PARKING AND LOADING Each development shall be provided with safe and convenient , ingress from and egress to one or more public roads designed to: reduce or prevent congestion in the public streets; minimize conflict and friction with vehicular traffic on the public street and on -site; minimize conflict with pedestrian traffic; and provide continuous and unobstructed access for emergency purposes such as police, fire and rescue vehicles. To these ends, the commission in review of a site development plan may specify the number, type, location and design of access points to a public street together with such measures as may be deemed appropriate to insure adequate functioning of such access points. 32.7.2.1 Each entrance onto any public road for vehicular traffic to SAME and from each development shall be subject to the approval of the commission upon the advice of the resident engineer of the Virginia Department of Highways and Transportation and other staff and shall be constructed in accordance with the design standards of the Virginia Department of Highways and Transportation. 32.7.2.2 In the case of any multi-laned divided highway, no such SAME entrance which is not directly opposite any crossover in the median of any such highway shall be permitted within five hundred (500) feet of any such crossover except upon findings by the commission that (1) there is no other reasonably practicable access to such development except within five hundred feet of any such crossover; (2) that no reasonable means of alternative access is available to such development; and (3) that the provision of an entrance q-7J November 18, 1986 Page 27 within five hundred (500) feet of any such crossover will be consistent with the public health, safety and general welfare. 32.7.2.3 Where discharge waters of the one hundred year storm could NEW reasonably be anticipated to inundate, block, destroy or otherwise obstruct the principal means of access to a residential development or part thereof: a. The principal means of access shall be designed and constructed so as to provide unobstructed access at time of flooding subject to the requirements of 30.3 Flood Hazard Overlay District; and/or b. Alternative vehicular access available to all dwellings and not subject to flooding shall be provided. 32.7.2.4 For a development of fifty (50) or more residential units, NEW reasonably direct vehicular access shall be provided from all residential units to two (2) public street connections. The forgoing notwithstanding, the commission for any scale of residential development may require two points of access to a public street where such access is deemed warranted due to the character of the residents of such development including but not limited to the elderly, handicapped, and developmentally disabled. 32.7.2.5 The commission may require provision for and/or construction REVISED of travel lanes or driveways to serve adjoining properties. The pavement of vehicular travel lanes or driveways designed to permit vehicular travel on the site and from adjacent property and parking areas shall be not less than twenty (20) feet in width. 32.7.2.6 On any site bordering a primary, arterial or interstate SAME highway, or adjacent to an existing service road in the state highway system, the developer, in lieu of providing travel lanes or driveways that provide vehicular access to and from adjacent parking areas and adjacent property, may dedicate where necessary, and construct a service road in accordance with existing standards for the Virginia Department of Highways and Transportation for such roads. In no such event shall the setback requirement be greater if the service road is dedicated than the setback required without dedication, except that in no event shall a building be constructed closer than twenty (20) feet from the nearest right-of-way line. Upon satisfactory completion, inspection and application by the developer, the county shall take the necessary procedural steps to have such service road accepted by the Virginia Department of Highways and Transportation for maintenance. 32.7.2.7 On -site parking and circulation shall be designed and NEW constructed in accordance with 4.12 OFF-STREET PARKING AND LOADING REQUIREMENTS, subject to county engineer approval in accordance with sound engineering practices, including but November 18, 1986 Page 28 not limited to grade, drainage, and paving specifications; and agent approval of the.safe and convenient vehicular No circulation patterns. 32.7.2.,8 Provision shall be made for sidewalks and pedestrian SAME walkways which will enable pedestrians to walk safely and conveniently between buildings on the site and from the site to adjacent property. When feasible, pedestrian underpasses or overpasses are to be encouraged in conjunction with major vehicular routes. Provision shall be made where appropriate for pedestrian walkways in relation to private and public areas of recreation and open space such as schools, parks, gardens and areas of similar nature. Connection shall be made wherever possible of walkways and bicycle ways to similar facilities in adjacent developments. All sidewalks and curbs and gutters proposed to be accepted for maintenance by the Virginia Department of Highways and Transportation shall be built in accordance with the construction standards of the Virginia Department of Highways and Transportation and shall conform to the provisions of section 15.1-381 of the Code. All other sidewalks and walkways shall conform to section 15.1-381 of the Code and shall be of material, specifications and design approved by the county engineer. Sidewalks and pedestrian walkways may be required on one or both sides of streets to the reasonable satisfaction of the commission in residential subdivisions of a proposed density of two (2) or more dwelling units per acre and in commercial and industrial developments whenever the commission shall determine that the same to be reasonably necessary to protect the public health, safety and welfare and that the need therefor is substantially generated by the proposed development. 32.7.3 STREETS; ROADS: NEW In the case of any site development plan involving multiple uses, including multiple dwelling units, the principal means of access thereto shall conform to the standards of the Virginia Department of Highways and Transportation or in the case of a private road to the standards of the County as set forth in Section 18-36 of Chapter 18 Subdivision of Land of the Albemarle County Code, whether or not the property is proposed to be subdivided. The Commission may waive this requirement for accessways between adjoining properties and emergency accessways required pursuant to 32.7.2 of this ordinance. 32.7.3.1 The board of supervisors, or its agent, may modify street SAME geometric design standards for local, collector and minor loop streets or private roads, provided that: a. Approval for modification is obtained from the Virginian Department of Highways and Transportation where applicable; and ,!29,l November 18, 1986 Page 29 09 b. Off-street parking spaces are provided to compensate for the loss of on -street parking due to modification of geometric design standards; and C. The developer shall be responsible for the placing of "no parking" signs on all travel lanes, driveways or streets to prohibit parking on such roads or driveways. Where cul-de-sac turn-arounds are utilized under this modification, if the right-of-way radius is fifty (50) feet and the paved radius is forty (40) feet, the developer shall install "no parking" signs for the complete circle where such signs are required by the Commission. If the right-of-way radius is increased to sixty (60) feet and the paved radius is increased to fifty (50) feet, parking on the turn -around may be permitted. 32.7.3.2 All cul-de-sacs shall have a turning radius of at least SAME fifty (50) feet. In the case of any such street which is not part of the state highway system, the Commission may require at least one sign of a type approved by the county engineer be posted giving notice that such street is not a through street. NEW No road segment ending in a cul-de-sac or loop street shall serve more than forty-nine (49) residential units except as provided in 32.7.2 of this ordinance. 32.7.3.3 In any case where existing public street right-of-way is REVISED less than fifty (50) feet, additional right-of-way shall be dedicated to provide for a fifty (50) foot width. Such dedication shall be measured to be twenty-five (25) feet from the existing street centerline except as otherwise required by the commission. In any case where the commission determines that a right-of-way in excess of fifty (50) feet will be necessary to serve the traffic which may reasonably be expected to be generated by the proposed development, such greater width of right-of-way may be required by the commission. Public street right-of-way of less than fifty (50) feet may be permitted upon recommendation of the Virginia Department of Highways and Transportation. 32.7.4 DRAINAGE; STORMWATER MANAGEMENT; SOIL EROSION SAME Provisions shall be made for the disposition of surface water run-off from the site including such on -site and off -site drainage facilities and drainage easements as the commission, upon recommendation of the county engineer, may deem adequate. 32.7.4.1 Except as the commission may otherwise require in a SAME particular case, or as expressly provided herein, such facilities shall be so designed and installed that the rate of surface water run-off from the site, due to a rainfall of a ten-year return period intensity as shown on the frequency November 18, 1986 Page 30 analysis curve for Charlottesville, Virginia, shall be no greater after the proposed development than before; provided, that the same may be accomplished without unreasonable adverse impact on the environment of the site. This subsection shall apply only within the geographic limits as hereinafter described: the drainage basins of Moores Creek, Meadow Creek, Powell Creek, Redbud Creek, Town Branch and those unnamed branches, whether perennial or intermittent, which flow directly into the Rivanna River from either side, beginning at the crossing of U. S. Rt. 29 over the South Fork of the Rivanna River, thence with the South Fork to its confluence with the North Fork of the Rivanna and thence downstream with the Rivanna River to its confluence with Moores Creek; all as shown on maps published by the United States Geological Survey entitled, "Charlottesville East, Virginia," "Charlottesville West Virginia," "Earlysville, Virginia," "Simeon, Virginia," and "Alberene, Virginia." Within the geographic area herein above described, this subsection shall not apply to the following: a. Lands which are designated as lying within the flood plain of any stream in accordance with section 30.3 of this ordinance; b. The development of any lot or parcel which results in a total impervious surface coverage of not greater than twenty thousand (20,000) square feet; C. Any development, the final site development plan and/or subdivision plat of which has been approved by the commission prior to the adoption of this section, as amended; and d. In any case where the developer shall demonstrate to the reasonable satisfaction of the county engineer and the commission that off -site improvements or other provisions for the disposition of surface water run-off would equally or better serve the public interest and safety, and that such method of disposition would not adversely affect downstream properties. 32.7.4.2 In addition to the provisions of S4.14 and other applicable law, provisions shall be made for the minimization of pollution of downstream watercourses and groundwater where such measures are deemed warranted by the commission due to peculiar character of a particular use. In determining what measures, if any, are warranted, the commission shall consider the recommendation of the county engineer and where applicable the watershed management official in light of the character of the proposed use including but not limited to: storage of petroleum products, pesticides, poisons, synthetic organic compounds or other substances which, if improperly stored or inadvertently discharged, may November 18, 1986 Page 31 WATER, SEWER, AND OTHER UTILITIES reasonably be anticipated to pollute surface or ground waters. This provision shall not apply to residential use. ,%W 32.7.4.3 All provisions for soil erosion and sedimentation control SAME shall comply with the provisions of the Albemarle County Soil Erosion and Sedimentation Control Ordinance. 32.7.4.4 In review of site development plans, the site plan review NEW committee should refer to the U. S. Department of Agriculture Soil Conservation Service Soil Survey of Albemarle County, Virginia August, 1985 in commenting as to soil suitability for the intended development including specific reference to Table 10 Building Site Development, Table 12 Construction Materials, and Table 16 Soil and Water Features. In such case where soils are rated as poor or severely limited for an intended use, or where high seasonal water table and/or hydrologic group D soils are encountered, the site plan review committee shall so notify the commission together with recommendations for special design measures. 32.7.5 REVISED Adequate provision shall be made by the developer for utilities, both on -site and off -site. Where deemed appropriate by the commission in accordance with S32. the developer shall provide easements through the development for extension of such utilities to other all 7.1, .+► properties. 32.7.5.1 Within the service areas of the Albemarle County Service REVISED Authority and where the commission determines public water and/or sewer to be reasonably available, such service shall be extended by the developer. All such facilities shall be constructed to Albemarle County Service Authority specifications and dedicated to the Albemarle County Service Authority. Except as otherwise provided by Albemarle County Service Authority policy all costs shall be borne by the developer. 32.7.5.2 All public facilities, utility and drainage easements REVISED outside the right-of-way of public streets are to be shown on the final site development plan provided that new easements may be generally shown and accurately dedicated by separate plat. Utility installation in public streets and rights -of -way shall be coordinated with street construction plans and profiles approved by the Virginia Department of Highways and Transportation resident engineer for Albemarle County and the county engineer. 32.7.5.3 No site development plan shall be approved by the commission NEW without verification from the Albemarle County Service Authority and Albemarle County Fire Official that adequate *Iwr capability exists to serve such development including required fire flows together with all other approved �9� November 18, 1986 Page 32 developments to be served by such system. Where the development is to be served by a central water or sewer system other than the Albemarle County Service Authority, no approval shall be granted until the requirements of Title 15.1, Chapter 9, Article 7 of Code have been satisfied. Where service is proposed by individual well or septic system, no approval shall be granted until written approval from the Virginia Department of Health has been received by the agent. 32.7.6 FIRE PROTECTION 32.7.6.1 In areas where public water is deemed reasonably available TO BE by the commission, fire hydrants and distribution systems REPLACED shall be provided by the developer. Hydrant locations and fire flow requirements shall be as prescribed by Insurance Service Offices (ISO) standards and subject to approval of the Albemarle County fire official. Access ways for emergency vehicles shall be provided as specified by the fire official. In areas where public water is not reasonably available, the fire official may require such alternative provisions as deemed reasonably necessary to provide adequate fire protection. 32.7.7 RECREATION REQUIREMENTS 32.7.7.1 Recreational areas shall be provided in accordance with 4.16 RECREATION REGULATIONS of this ordinance. 32.7.8 SIGNS AND LIGHTING 32.7.8.1 Signage shall be approved by the zoning administrator in NEW accordance with §4.15 SIGNS of this ordinance. Approval of a site development plan shall in no fashion be deemed as approval of any signage except such signs as may be specifically required by the commission to regulate traffic, prohibit parking, or to serve some other purpose of this ordinance. 32.7.8.2 outdoor lighting shall be .directed away from roadways and adjacent properties and shielded where necessary. 32.7.9 LANDSCAPING AND SCREENING REQUIREMENTS The purpose of these requirements is to provide for the installation, preservation and maintenance of plant materials intended to: a. Insure development which is consistent with the goals of the comprehensive plan related to natural resources and with the plan's environmental and land use -standards; b. Promote the public health, safety and welfare; 19 ,�6 November 18, 1987 Page 33 C. Conserve energy by providing shade and wind breaks; d. Provide pervious area which helps to reduce runoff and to recharge groundwater; e. Improve air quality; f. Minimize noise, dust and glare; g. Promote traffic safety by controlling views and defining circulation patterns; h. To protect and preserve the appearance, character and value of the neighboring properties. 32.7.9.1 When Required Whenever a site development plan is required by this ordinance a landscape plan shall be required as precedent to final site development plan approval. The foregoing not withstanding, a landscape plan shall be required at time of preliminary plan review: when the impervious coverage of the site exceeds eighty (80) percent of the gross site area; or when the agent determines due to unusual circumstances, conditions of the site or by character of the proposed use, review at the preliminary plan stage is warranted; or in any case where required by the commission. 32.7.9.2 Administration; Appeal a. The agent in review of the landscape plan shall consider comments from other agencies before approving the plan, including the Virginia Department of Highways and Transportation and the Albemarle County Service Authority. Once the landscape plan is approved, no changes may be made unless the revision has been approved by the agent. b. Required landscaping may be bonded in accordance with S 32.3.5 to insure completion prior to the issuance of a certificate of occupancy. All required landscaping shall be completed by the first planting season following the issuance of a certificate of occupancy. A maintenance bond for the required landscaping shall be posted by the developer in favor of the county. If the landscaping is completed prior to the issuance of a certificate of occupancy, then the maintenance bond shall be posted prior to the issuance of a certificate of occupancy. If the landscaping is bonded for completion, rather than completed prior to the issuance of a certificate of occupancy, then the maintenance bond shall be posted when the materials are planted and before the completion bond is released. "1"7 November 18, 1986 Page 34 The maintenance bond shall be in the amount of one-third of the value of required trees and/or shrubs, and shall be held for a period of twelve (12) months following the planting date. .400 At the end of the twelve (12) month time period, the bond shall be released if all required plantings are in healthy condition as determined by the zoning administrator. Thereafter, required landscaping shall be maintained in healthy condition by the current owner or property owner's association, and replaced when necessary. Replacement material shall conform to the original intent of the landscape plan. When existing plantings are preserved in lieu of required new plantings, the bond shall be calculated according to the replacement value of plantings which meet minimum requirements of this ordinance. C. Any person aggrieved by a decision of the agent may demand a review of the plan by the commission pursuant to Section 32.3.10 of this ordinance. 32.7.9.3 Variation and Waiver a. The agent may vary or waive the requirement of a landscape plan in whole or in part together with improvements required herein upon a finding that requirement of such plan and/or improvement would not forward purposes of this ordinance or otherwise serve the public interest; provided that, such variation or waiver shall result in a plan substantially in compliance with the approved site development plan together with all conditions imposed by the commission or agent thereof; and, provided further that such variation or waiver shall have no additional adverse visual impact on adjacent properties or public areas nor otherwise be inconsistent with 32.7.9 of this section. b. Whenever, because of unusual size, topography, shape of the property, location of the property, or other unusual conditions, excluding the proprietary interests of the developer, strict application of the requirements of 32.7.9 would result in significant degradation of the site or adjacent properties, the requirement may be varied or waived by the agent; provided that, such variance or waiver shall not be detrimental to the public health, safety, or welfare, or to the orderly development of the area, or to sound engineering practice. C. A developer requesting variation or waiver pursuant to this section shall file with the agent a written _request which shall state reasons and justifications for such request together with such alternatives as may be proposed by the developer. The agent may approve, a�ig November 18, 1986 Page 35 09 approve with conditions, or deny such request. In the case of conditional approval or denial the agent shall notify the developer in writing as to reasons for such action within five (5) days of such decision. 32.7.9.4 Contents The landscape plan shall show the following: a. The location, size and type of all proposed plant materials, and verification that minimum landscaping and screening requirements have been satisfied. Plant materials may be indicated in the following generic terms on the landscape plan: large or medium shade tree; screening tree; screening shrub; or street shrub. The required plant materials shall be chosen from a recommended species list approved by the agent. Plant material not listed may be substituted for required plant material only if such substitution is expressly approved by the agent. b. Existing trees or wooded areas may be preserved in lieu of planting new materials in order to satisfy landscaping and screening requirements, subject to the agent's approval. In such case, the landscape plan shall indicate the trees to be saved; limits of clearing; location and type of protective fencing; grade changes requiring tree wells or walls; and trenching or tunnelling proposed beyond the limits of clearing. In addition, the applicant shall sign a conservation checklist approved by the agent to insure that the specified trees will be protected during construction. Except as otherwise expressly approved by the agent in a particular case, such checklist shall conform to specifications contained in the Virginia Erosion & Sediment Control Handbook, pp III-284 through III-297. C. In addition, the landscape plan shall indicate existing landscape features on the site. Such features shall include but shall not be limited to: 1. Wooded area indicated by general type (evergreen or deciduous) and location of tree line; 2. Small groups of trees and individual trees of six (6) inch caliper or greater, or ornamental trees of any size, indicated by common name, approximate caliper and location; 3. Natural features which distinguish the site, such as prominent ridge lines; rock outcroppings or water features; 0 November 18, 1986 Page 36 4. Man-made features of local, historic or scenic importance; 5. Scenic vistas across the site from a public road. The agent may require that any or all such features be preserved upon determination following a site inspection, that the features contribute significantly to the character of the Albemarle County landscape and that the preservation of such features is necessary to satisfy the purpose and intent of this ordinance. The purpose of this section is to protect unique amenities which could otherwise be irretrievably lost due to careless site design. It is not intended that this section be applied indiscriminately, nor to prohibit development. 32.7.9.5 Minimum Standards The following minimum standards shall apply: a. Large street trees shall be one and one-half (1 1/2) inches to one and three-quarters (1 3/4) inches minimum caliper (measured six (6) inches above ground level) when planted. Medium street trees shall be one (1) inch to one and one -quarter (1 1/4) inches minimum caliper when planted. Evergreen trees for screening shall be a minimum four (4) feet to five (5) feet in height when planted. Shrubs for screening shall be a minimum eighteen (18) inches to thirty (30) inches in low height when planted. Shrubs for street planting shall be minimum twelve (12) inches to eighteen (18) inches in height when planted. b. All landscaping shall be planted according to established planting procedures using good quality plant materials. Planting islands shall contain a minimum of fifty (50) square feet per tree, with a minimum dimension of five (5) feet in order to protect the landscaping and allow for proper growth. Wheel stops, curbing, or other barriers shall be provided to prevent damage to landscaping by vehicles. Where necessary, trees shall be welled or otherwise protected against change of grade. All pervious areas of the site shall be permanently protected from soil erosion with grass or other ground cover or mulch material. 32.7.9.6 Street Trees The following requirements shall apply to street trees: a. Street trees shall be required along existing or proposed public streets in any development which is subject to site development plan approval in all commercial and industrial districts and residential 400 development of a density of four (4) dwelling units per 600 November 18, 1986 Page 37 acre or greater. The agent may waiver this requirement in certain cases where site conditions warrant an alternate solution. gip..► b. Street trees shall be selected from a current list of recommended large shade trees, approved by the agent. Medium shade trees may be substituted, subject to the approval of the agent when site conditions warrant smaller trees. The agent may approve substitutions of species of large or medium shade trees. C. Street trees shall be planted with even spacing in a row adjacent to the public street right-of-way. One large street tree shall be required for every fifty (50) feet of road frontage, or portion thereof, if twenty-five (25) feet or more. Where permitted, one (1) medium shade tree shall be required for every forty (40) feet of road frontage, or portion thereof, if twenty (20) feet or more. The agent may approve minor variations in spacing. d. In the case of development with units for sale, the trees shall be protected through an open space or easement arrangement and shall be maintained by a property owner's association. 32.7.9.7 Parking Lot Landscaping `4W All development subject to site development plan review shall include the following required landscaping for parking lots consisting of five (5) spaces or more: a. Street trees: Street trees shall be planted in accordance with section 32.7.9.6 along the public street frontage which abuts a parking lot. The trees shall be planted between the street right-of-way and the parking area, within the parking setback. If required street trees cannot be planted within the parking setback or within ten (10) feet of the street right-of-way due to sight distance, utility easement or other conflicting requirements, then the planting strip shall be enlarged to accommodate the trees. If this requirement creates a hardship by causing the relocation of required parking spaces, then the additional planting area may be counted toward the interior landscaping requirement; and b. Interior landscaping: Exclusive of the requirements of 32.7.9.7 (a) and (c), an area equal to five (5) percent of the paved parking and vehicular circulation area shall be landscaped with trees or shrubs. This shall include one large or medium shade tree per ten (10) parking spaces or portion thereof, if five (5) spaces or more. Interior landscaping shall be -located in reasonably dispersed planting islands or perimeter 3O/ November 18, 1986 Page 38 32.7.9.8 areas. Shrub plantings adjacent to a building shall not be counted as interior landscaping; and C. Additional plantings along public streets: When a '` parking lot is located such that the parked cars will be visible from a public street, then additional landscaping of low street shrubs shall be required between the street and the parking lot. Shrubs shall be in a single row planted five (5) feet on center. Alternate methods of landscaping designed to minimize the visual impact of the parking lot may be approved by the agent. Screening The following requirements shall apply to screening: a. When required, screening shall consist of a planting strip, existing vegetation, a sightly opaque wall or fence, or combination thereof, to the reasonable satisfaction of the agent. Where only vegetative screening is provided, such screening strip shall not be less than twenty (20) feet in depth. Vegetative screening shall consist of a double staggered row of evergreen trees planted fifteen (15) feet on center, on or a double staggered row of evergreen shrubs planted ten (10) feet on center. Alternate methods of vegetative screening may be approved by the agent. Where a fence or wall is provided, it shall be minimum six (6) feet in height and plantings may be required at *400 intervals along such fence or wall. b. Screening of parking lots shall not be counted toward the interior landscaping requirement. When screening is required along the frontage of public streets, the agent shall determine if the street tree requirement has been met. C. Screening shall be required in the following instances: 1. Commercial and industrial uses shall be screened from adjacent residential and rural areas districts. 2. Parking lots consisting of four (4) spaces or more shall be screened from adjacent residential and rural areas districts. 3. Objectionable features including, but not limited to the following uses shall be screened from adjacent residential and rural areas districts and public streets: - loading areas - refuse areas M ��a November 18, 1986 Page 39 - storage yards - detention ponds - recreational facilities determined to be of objectionable character by the agent other than children's play areas where visibility is necessary or passive recreation areas where visibility is desirable. 4. Double frontage residential lots shall be screened between the rear of the residences and the public right-of-way when deemed appropriate by the agent. 5. The commission may require screening of any use or portion thereof, upon determination that the use would otherwise have a negative visual impact on a property listed on the Virginia Historic Landmarks Register. 32.7.10 GENERAL 32.7.10.1 Condominium and common wall projects of all types shall indicate on the site development plan those areas reserved for rental purposes and those areas reserved for sale purposes. 32.7.10.2 One (1) set of approved plans, profiles and specifications *„> shall be at the site at all times when work is being performed. 32.7.10.3 Upon the completion of all required water, sewer and gas lines shown on the approved site development plan, the developer shall submit to the agent three (3) copies of the completed record or as -built site development plan or location plat for all water, sewer, gas lines and easements certified by an engineer or surveyor. The record or as -built utility plan shall be submitted at least one (1) week prior to the anticipated occupancy of any building or block of buildings for the review and approval by the agent for conformity with the approved site development plan, this ordinance and regulations of Albemarle County and state agencies. M November 18, 1986 Page 40 Mr. Wilkerson seconded the motion for approval which passed unanimously. The matter was to be heard by the Board on December 3, 1986. NEW BUSINESS Mr. Bowerman read a letter from the Piedmont Environmental Council which explained that PEC had received a grant from the Virginia Division of Historic Landmarks to undertake a Preservation Planning Project for Northeastern Albemarle County. PEC was requesting that the Commission identify local residents who might be interested in working on the project and also that the Commission comment on the project as it progresses. Mr. Payne stated he felt it would be a inadvisable for the Commission to become involved, or to take an official position on a non -official project. Mr. Michel agreed that he felt it was not appropriate for the Commission to become involved. There being no further business, the meeting adjourned at 9:40 p.m. DS �1 3 i John Horn , Secretary M 3 0'