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HomeMy WebLinkAboutZTA201200009 Legacy Document 2012-12-19 (28)Attachment B Excerpts from the Site Plan Processes Zoning Text Amendment Highlighting the Key Revisions to the August 28, 2012 Draft Zoning Text Amendment Sec. 3.1 Definitions Requirements: As used in section 32, the regulatory provisions of this chanter, including all applicable proffers. Vecial use permits and conditions thereof special exceptions and conditions thereof variances and conditions thereoff, application plans, codes of development and other applicable laws, and the rules, regulations and design guidelines identified by the architectural review board as being required to be satisfied in order to obtain a certificate of appropriateness. See, 32.4.1.4 Review of preapp &cation pla Each oreannlication nlan meeting the requirements of sections 32.4.1.2 and 32.4.1.3 and each letter nrovided b section 32.4.1.l(b) shall be reviewed by the agent. Within ten (10) days after the submittal, the agent shall send vaitten comments to the developer addressing the following: a. Compliance with zoning. Whether the proposed use and density complies with this chanter and all applicable proffers, special use permits and conditions thereof, special exceptions and conditions thereof, variances and conditions thereof, application plans and codes of development. State law reference — Va. Code && 15.2-2241(9). 15.2-2255,152 -2258,15.2-2283,15.2-228 A Sec, 32.4.2.2 Review of initial site plan by site review committee and architectural review board Upon receipt of an initial site plan from the agent, the site review committee and the architectural review board shall review the plan as follows: a. Site review committee review. The site review committee shall review each plan for compliance with the technical requirements of this chapter and other applicable laws. Upon completion of its review, the site review committee shall transmit to the agent its requirements and recommendations. The site review committee also may recommend to the agent conditions of initial site plan approval, including conditions required to satisfied before a grading Hermit maybe issued under chanter 17. Anv recommended conditions shall pertain to any requirements of this chapter and other applicable laws. b. Architectural review board review. The architectural review board shall review each plan for sites within an entrance corridor overlay district proposing development that is not exempt from review under section 30.6.5 as follows: 1. Purpose and scone of review. The architectural review board shall review the plan for consistency with the design guidelines. The scone of review by the board shall be to consider (i) those elements delineated in section 30.6.4(c)(2) that may be evaluated under the initial site plan and which may include, but not be limited to, the location. anq configuratio ns Formatted: Font color: Auto onentatieg of structures tutder section 30 ^' ` " (iii the location and configuration of • •• — Formatted: Font color: Auto parking areas and the location of landscaped areas under section 30.6.4(cl(3k): and iii) to Formatted: Font color: Auto identify4he existing trees, wooded areas and natural features that should be preserved under 1 Attachment B section 30.6.4(c)(5). '^ 6 4AP) 4;o f , °The specific types of landscaping and screening to be provided on the site under section 30.6.4(c)(4)�) shall not be considered by the board for consistency with the design guidelines during its review of the plan. 2. Submittal requirements. The architectural review board's review shall be based on the initial site plan and the information provided with the initial site plan under sections 32.5.2, 32.5.3, 32.5.4 and 32.5.5. The developer shall not be required to submit any other information. 3. Transmittal ofreauirements and recommendations. Upon completing its review. the architectural review board shall transmit to the agent: (i) its requirements resulting from its review of the elements of sections 30.6.4(c)(2). (3) and (5) delineated in subsection (b)(1) in order to satisfy the design guidelines. pefm#; (ii) any recommendations including, but not limited to, recommendations pertaining to those elements of sections 30.6.402), (3) and (5) for which requirements were not identified under subsection (b)(3)(i); and (iii) any recommended conditions of initial site plan approval, including conditions required to be satisfied before a grading permit may be issued under chapter 17. Any recommended conditions shall pertain to ensuring compliance with the design guidelines under the elements of sections 30.6.4(c)(2). (3) and (5) delineated in subsection (b)(1). 4. Anneal. The architectural review board's identified requirements under subsection 011(3) is a decision that may be appealed as provided in section 30.6.8. C. Consistency: reconciliation of conflicts. Any requirement of the architectural review board shall be consistent with the requirements of this chapter. If there is a conflict between any requirement of any applicable law and any requirement identified by the architectural review board, the requirement of the applicable law shall control. If there is a conflict between a requirement and a recommendation. the requirement shall control. The agent shall review and act on an initial site plan as follows: C. Action to approve and notice of approval. If the agent determines that the initial site plan complies with all applicable requirements, he shall approve the plan and promptly issue a letter to the developer informing the developer of the approval and stating the requirements that must be included with submittal of the final site plan and those conditions which must be satisfied prior to approval of the final site plan.- and, where applicable, those conditions which must be satisfied prior to issuance of a grading permit under section 17- 204(E). The agent shall mail the letter by first class mail, personally deliver it to the developer, or, if consented to by the developer in writing, deliver it by fax or email. The approval of an initial site plan affects the following pending and future approvals: Attachment B a. Issues pertaining to a certificate of appropriateness. An approved initial site plan that has complied with the architectural review board's requirements identified under section 32.4.2.2(b) shall be deemed to e consistent with the applicable design guidelines pertaining to the elements of sections 30.6.4(cl(21. (3) and (5) delineated in section 32.4.2.2(bl(11. b. Erosion and sediment control plan and grading permit: conventional zoning districts. On-any-site within a conventional zoning district that is ,.e including anv conventional zoning district also within an entrance corridor overlay district -° °~'^ ... ° a—r., an annroved initial site plan is an "a rnn Dyed site plan" within the meaning of section 17- 204(E` ° ° " °a° ° °a . As such, an erosion and sediment control plan and corresponding grading permit may be approved asunder chapter 17, provided: 47 o that the developer has satisfied the conditions of approval identified by the agent in the letter required by section 32.4.2.5(c). C. Erosion and sediment control plan and grading permit: planned development zoning districts. Notwithstanding section 8.5.5.4(c), on any site within a planned development zoning district, including a planned development zoning district also within an entrance corridor overlay district. an approved initial site plan is an "approved site plan" within the meaning of section 17 -204(E °F'' °' °a° ° ). As such, an erosion and sediment control plan and corresponding grading permit may be approved asunder chapter 17 provided that the developer has satisfied theGoa"deonditions of approval identified by the agent in the letter required by section 32.4.2.5(c). Nothing in this section shall affect the ability of a developer to obtain approval of an erosion and sediment control plan and corresponding grading permit prior to approval of an initial site plan as provided in section 8.5.5.4(bl. Each initial site plan shall contain the following information: a. General information. The name of the development: names of the owner, developer and individual who prepared the plan: tax man and parcel number: boundary dimensions: zoning district: descriptions of all proffers, special use permits and conditions thereof . special exceptions and conditions thereof. variances and conditions thereof, application plans, codes of development and bonus factors applicable to the site: magisterial district: county and state: north point: scale: one datum reference for 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): the source of the topography: departing lot lines: minimum setback lines, yard and building separation requirements: the source of the survey: sheet number and total number of sheets: and the names of the owners, zoning district, tax map and parcel numbers and present uses of abutting parcels. Paragraph pertaining to the delayed effective date of this ordinance: This ordinance shall be effective on and after January 1, 2013; provided that: (i) any preliminary or final site plan submitted before January 1, 2013 shall be reviewed and acted upon under the site plan regulations in effect on S°TOctober 2, 2012, (ii) the preliminary or final site plan submitted before January 1, 2013 is approved by April 1, 2013, and (iii) any final site plan submitted on or after January 1, 2013 for which a preliminary site plan was approved prior to January 1, 2013 shall be reviewed and acted upon under the site plan regulations effective on and after January 1, 2013. Attachment B Return to exec summary