HomeMy WebLinkAboutZTA200800002 Legacy Document 2008-07-22 (3)Proposed Changes to Planned Development Section of Zoning Ordinance and
Neighborhood Model Section of Zoning Ordinance
July 29, 2008
Section #
Existing Text
Proposed Text
Impact /Reason for
Change
Section 8 Contains the
Basic Regulations for
Planned Districts
8.5.1 Application
b. An accurate boundary survey of the
b. An accurate boundary survey of the
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tract or plan limit showing the
tract or area to be rezoned showing
location and type of boundary
the location and type of boundary
evidence;
evidence and the source of the
survey;
c. A map showing:
c. A map at a scale of not less than one
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(1) inch equal to one hundred (100)
consistency with other
feet; other interval and/or scale may
required documents
be required or permitted by the
director of planning where size of the
tract or topographic considerations
warrant showing:
c.2. Existing topography accurately
2. Existing topography accurately
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shown with a maximum of five (5)
shown using County GIS or better
foot contour intervals at a scale of
topographical information and the
source of the topography;
not less than one (1) inch equal to
one hundred (100) feet; other interval
and/or scale may be required or
permitted by the director of planning
and community development where
topographic considerations warrant;
Not currently a requirement
3. The name of the proposed
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development; names of the
consistency with other
owner, developer and individual
required documents.
who prepared the plan; tax map
and parcel number; zonim
magisterial district; north point;
scale; one datum reference for
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elevation (where section 30.3 .
flood hazard overlay district is
involved. United States
Geological Survey vertical datum
shall be shown and/or correlated
to plan topography). sheet number
and total number of sheets: date
of drawing; date and description
of latest revision:
4. The existing owners and zoning
district; and
5. The present use of adjoining tracts
and the location of structures on
adjoining parcels, if any; and
4. Owner, zoning, tax map and
parcel number and present use of
adjacent parcels; departing lot
lines and the location of structures
on adjoining parcels, if any; and
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Moved from Section d.6.:
Trip generation figures;
Moved to Section d.
Trip generation figures:
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d. An application plan based on a
minimum of two (2) data references
for elevations to be used on plans
and profiles showing:
e. An application plan at a scale of not
less than one (1) inch equal to one
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consistency with other
required documents.
hundred (100) feet: other interval
and/or scale may be required or
permitted by the director of planning
where size of the tract or topographic
considerations warrant showing:
d.2. The proposed grading/topography
with a maximum of five (5) foot
contour intervals;
2. Conceptual grading/topography
using County GIS or better
topographic information
supplemented where necessary by
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consistency with other
required documents.
spot elevations and areas of the
site where existing slopes are
twenty -five (25) percent or
r
d.10. The general lot lay -out; and
9. Conceptual lot lay -out; and
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8.5.5.2 Review of site
plans and
Subdivisions
Each preliminary and final site plan or
subdivision plat for a planned
development shall be reviewed for
compliance with the applicable
Each preliminary and final site plan and
This is the change the
Commission has asked for
and it makes the current
subdivision and zoning
subdivision plat for a planned
development shall be reviewed for
compliance with the applicable zon ing
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regulations: (1) in effect at the time the
lands were zoned to a planned
development district; or, (2) at the option
of the applicant, currently in effect. In
addition, each preliminary and final site
plan or subdivision plat for a planned
development shall be reviewed for
compliance with the following:
and subdivision regulations, including the
regulations the default
regulations, and allows the
regulations in effect when
the PD was approved only
if the owner can show that
it has a vested right under
Virginia Code § 15.2 -2307
(significant governmental
act, reliance on the act,
incurring of extensive
obligations or substantial
expenses in diligent pursuit
of the approval). The
companion to this section
is section 8.5.5.3(x)(6),
which allows for variations
when an owner can't
establish a vested right,
but also can't comply with
current regulations and
stay in compliance with the
approved planned
development
applicable code of development, in effect
when the site plan or subdivision plat is
under county review: provided that at the
option of the developer or subdivider,
each preliminary and final site plan and
subdivision plat may be reviewed for
compliance with the applicable zoning
and subdivision regulations in effect when
the planned development was approved if
the developer or subdivider establishes a
vested right as provided in Virginia Code
15.2 -2307 or other applicable statute to
develop under the previously approved
planned development district. For
purposes of this section, an approved
planned development with an application
plan is a significant governmental act for
purposes of Virginia Code § 15.2 -2307.
In addition, each preliminary and final
site plan or subdivision plat for a planned
development shall be reviewed for
compliance with the following:
Not currently included in list of review
items
d. The water protection ordinance and
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all other applicable regulations.
8.5.5.3. Variations
from approved plans,
codes, and standards
of developments
a. The director is authorized to grant a
variation from the following
provisions of an approved plan, code
or standard:
1. Minor variations to yard
requirements, maximum structure
heights and minimum lot sizes;
a. The director is authorized to grant a
variation from the following
provisions of an approved plan, code
or standard:
1. Minor chato yard requirements,
build -to lines or ranges, maximum
structure heights and minimum lot
sizes;
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5. Minor variations to street design, and
5. Minor variations to street design and
street location subject to approval by
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the Couinty Engineer; and
Not currently listed as a variation
6. Variations to applicable requirements
This section allows for
variations when an owner
can't establish a vested
right, but also can't comply
where the planned development was
approved under prior zoning and
subdivision regulations and the site
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plan or subdivision plat is reviewed
with current regulations
and stay in compliance
with the approved planned
development. Otherwise,
we would have land that
would have a zoning
designation with no
permitted use.
under current applicable zoning and
subdivision regulations and the
applicable requirement cannot be
satisfied without amending the
application plan; the variation shall
be only to the extent necessary to
allow the site plan or subdivision plat
to be approved without amending the
application plan; no requirement may
be varied to a standard below that in
effect when the planned development
was approved.
Not currently listed as a variation
7. Minor changes to stormwater
management and disturbance of
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conservation areas, subject to review
and approval by the County
Engineer;
Not in the ordinance
d. The Director of Planning may
New requirement needed
to keep track of
relationships of approved
variations within a planned
development.
require that the applicant provide an
updated application plan and in the
case of changes to a Code of
Development, an updated Code of
Development reflecting the approved
variation and the date of the
variation. If the Director requjres the
updated plan or code, it shall be
provided within 30 days of approval
of the variation.
Section 20A Contains
Neighborhood Model
District Regulations
20A.4 General
Development Plans
The requirements for an application
plan for the NMD area as follows: In
addition to the application plan
requirements of section 8.5.1(d), the
following are required elements of the
general development plan:
The requirements for an application
plan for the NMD area as follows:
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b. The eneral allocation of uses to
Deleted
Information is duplicated
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each block in terms of residential,
elsewhere
commercial, industrial,
institutional, amenities, parks,
recreational facilities open to the
public, and any other use category
proposed by the applicant and
which complies with the
requirements of section 20A.8.
c. The location of proposed green
Moved
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spaces, amenities, conservation
areas or preservation areas, as
provided in section 20A.9.
d. Building footprints or graphic
Moved
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representations of central features
or major elements that are
essential to the design of the
development, shown at the block
level.
Plan contents from Section 8
1. The general location of proposed
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reiterated, except where requirements
streets, alleys, sidewalks, and
are in excess of Section 8.
pedestrian paths;
2. The location of proposed green
spaces, amenities, conservation areas
or preservation areas, as provided in
section 20A.9.
3. Conceptual lot lay -out;
4. Conceptual grading/topography
using County GIS or better
topographic information
supplemented where necessary by
spot elevations and areas of the
site where existing slopes are
twenty -five (25) percent or
greater.
5. Typical street cross - sections to show
proportions, scale, and streetscape,
which, alternatively, maybe
provided in the Code of
Development;
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6. Connections to existing and
proposed streets, as well as proposed
thoroughfares shown on the
comprehensive plan;
7. The general lay -out for the water and
sewer systems, conceptual
stormwater management, and a
conceptual mitigation plan;
8. The location of central features or
major elements within the
development essential to the design
of the development, such as buildin
envelopes, major employment areas,
parking areas and structures, civic
areas, parks, open space, green
spaces, amenities and recreation
areas;
20A.5. Codes of
Requirements
Development
A code of development shall establish the
A code of development shall establish the
Establish standard format
unifying design guidelines, the specific
unifying design guidelines, the specific
for ease of review and
regulations for the district, and the use
regulations for the district, and the use
administration
characteristics of each block; provide for
characteristics of each block; provide for
certainty in the location of and appearance
certainty in the location of and appearance
of central features, and the permitted uses
of central features, and the permitted uses
in the district; and provide a flexible
in the district; and provide a flexible
range of a mix of uses and densities. To
range of a mix of uses and densities.
satisfy these requirements, each code of
Each code of development shall be in a
form required or otherwise approved by
development shall establish:
the director of the department of
community development. To satisfy these
requirements, each code of development
shall establish:
b. The amount of developed square
b. The amount of developed square
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footage proposed, delineated for the
footage proposed, delineated for the
entire NMD and by block by use,
entire NMD and by block by use, and
amenity, streets and lot coverage.
amenity. The developed square
The developed square footage may
footage may be expressed as a
be expressed as a proposed range of
proposed range of square footage.
square footage.
c. The maximum residential densities,
c. The maximum number of residential
Removal of extraneous
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as provided in section 20A.7, and the
dwelling units, dwelling units by
information.
maximum number of residential units
type, delineating at least two (2)
for individual residential land use
housing types, as provided in section
categories and mixed -use categories,
20A.8.
delineating at least two (2) housing
types, as provided in section 20A.8.
1. The amount of land area devoted to
d. The amount of land area and
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green space and amenities, as
percentage of gross acreage devoted
provided in section 20A.9.
to green space and amenities, as
provided in section 20A.9.
g. Architectural and landscape
g. Architectural standards that will
Separated landscape
standards that will apply in the
apply in the NMD, which shall
requirements from
NMD, which shall address the
address the following:
architectural standards.
following:
1. The form, massing, and
1. The form, massing, and
Staff does not have the
proportions of structures;
proportions of structures which
expertise or resources to
2. Architectural styles;
may be provided through
review and enforce
3. Materials, colors, and textures;
illustrations;
architectural standards
4. Roof form and pitch;
2. The preservation of historic
except with the Entrance
5. Architectural ornamentation
structures, sites, and
Corridor.
6. Fagade treatments, including
archeological sites identified
window and door openings;
by the Virginia Department of
7. Landscape treatments; and
Historic Resources.
8. The preservation of historic
structures, sites, and
archeological sites identified
by the Virginia Department of
Historic Resources.
d. 7. Landscape treatments;
g. Landscape treatments where
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landscaping in addition to that
required in Section 32 of the Zoning
Ordinance is proposed.
h. Preliminary lot lay -out.
Remove
Information is duplicated
elsewhere
i. For each block:
i. For each block:
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1. The range of uses permitted on
1. The uses permitted on the block
the block by right and by special
by right and by special use
use permit;
permit;
2. All requirements and restrictions
2. Build -to lines or ran es, which
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associated with each use
are the required distance from
delineated in paragraph (i)(1);
the right -of -way to a structure;
3. Build -to lines, which are the
3. Minimum and maximum lot
required distance from the right-
dimensions;
of -way to a structure;
4. Minimum numbers of stories and
4. Minimum and maximum lot and
maximum building heights:
yard dimensions;
5. Sidewalk and pedestrian path
5. Maximum building heights;
locations;
6. Sidewalk and pedestrian path
6. Acreage devoted to and
locations;
characteristics of green space
7. Green space and amenities;
and amenities;
8. Conservation areas and
7. Conservation areas and
preservation areas, if applicable;
preservation areas as defined in
9. Parking areas;
section 3.1 , if applicable;
10. Civic spaces, which are public
8. Location of parking areas;
areas for community or civic
9. Location, acreage, and
activities (e.g., libraries and their
characteristics of civic spaces,
associated yards, schools and
which are public areas for
places of worship);
community or civic activities
(e.g., libraries and their
associated yards, schools and
places of worship);
20A.6. Permitted
b. By special use permit. The following
b. By special use permit. A code of
Many NMD's have such a
Uses
uses are permitted by special use
development for an NMD may
range of permitted uses,
provide that one or more of the
permit:
that it is difficult to know
following uses are permitted by
how one use may relate to
special use permit:
another. Allowing a future
1. Each use allowed by right or by
use by special use permit
special use permit in any other
allows for conditions to be
zoning district.
applied in the future that
may not be anticipated
during the rezoning.
20 A.7 Residential
b. The gross residential density shall be
b. The gross residential density shall be
Corrects the error in the
Density
measured in dwelling units per acre
measured in dwelling units per acre
formula as currently stated.
and calculated by taking the gross
and calculated by dividing the
acreage of the district divided by the
proposed number of dwelling units in
the proposed district by the gross
proposed number of dwelling units in
acreage of the district.
the proposed district.
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