HomeMy WebLinkAboutZTA200800002 Legacy Document 2009-03-17COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZTA- 2008 -00002 Planned Staff: Elaine K. Echols, AICP
Developments and Neighborhood Model District
Planning Commission Meeting: Changes to staff report since Planning Commission
March 24, 2009 Hearing February 17, 2009: Appear in italics and bold
italics
Legal Ad: This ordinance would amend the following sections of Chapter 18, Zoning, of the Albemarle County
Code: 3.1, Definitions, to amend and delete several definitions; 8.2, Relation of planned development regulations
to other zoning regulations, to change section heading, to clarify the regulations applicable to planned
developments ( "PD "), to require that waivers and modifications be expressly granted, and to reorganize the
section; 8.3, Planned development defined, to revise the definition of "planned development "; 8.5.1, Applications
and documents to be submitted, to revise the standards and information accompanying an application to
establish a PD district; 8.5.2, Preapplication conferences, to revise the parties in a preapplication conference;
8.5.3, Review and recommendation by the planning commission„ to revise the matters considered by the
planning commission in acting on an application for a PD district; 8.5.4, Review and action by the board of
supervisors, to change section heading and to clarify the documents applicable to a PD upon approval of the PD
rezoning; 8.5.5, Final site plans and subdivision plats, to change section heading; 8.5.5.1, Contents of site plans
and subdivision plats, to revise a cross - reference; 8.5.5.2, Review of site plans and subdivision plats, to provide
that when subdivision plats and site plans are reviewed, they shall be reviewed for compliance as follows: (a) if
the PD district was established on or before December 10, 1980, the zoning and subdivision regulations currently
in effect apply unless vested rights are established; (b) if the PD district was established after December 10,
1980, at the option of the developer, the zoning and subdivision regulations in effect when the PD district was
established or those currently in effect apply, provided that if the developer elects the former, six delineated
subjects of regulation are not so grandfathered and the developer must comply with current regulations pertaining
to those 6 subjects unless vested rights are established; to revise the zoning administrator's and director of
planning's review for compliance, to define "applicable regulations," and to declare that vested rights are not
impaired; 8.5.5.3, Variations from approved plans, codes, and standards of development, to revise the provisions
of a plan, code or standard the director of planning may vary, and to authorize the director to require that
specified information be provided ; 8.5.5.4, Building permits and erosion and sediment control permits, to revise
references to county officers and bodies and to clarify other clauses; 8.5.5.5, Site plan and subdivision plat
requirements for planned development zoning districts established without an application or application plan, to
change section heading and to clarify the procedure and requirements for reviewing a site plan or subdivision plat
where there was no application plan when the PD district was established; 8.6, Amendments to planned
development districts, to revise and expand the procedure to amend a PD district by establishing requirements
for who is an eligible applicant, submitting a map if the rezoning affects less than the entire district, notice, and
factors considered during review; 20A.3, Application requirements; required documents and information, to
change reference from "general development plan" to "application plan "; 20A.4, General development plans, to
change section heading and the required elements of an application plan in a neighborhood model district
(hereinafter, NMD "); 20A.5, Codes of development, to clarify that any substantive or procedural requirement of
the Zoning Ordinance applies in an NMD unless the subject matter is expressly addressed in the code of
development (hereinafter, the "code "), to expressly require that the code be in a form required or approved by the
director of planning, to change the required elements of a code, and to limit the applicable architectural standards
in pre- existing codes to only the new required elements unless determined to be key features; 20A.6, Permitted
uses, to change a reference from "general development plan" to "application plan" and to allow a code to provide
that any use allowed by right or by special use permit in any other zoning district be a use allowed by special use
permit in an NMD; 20A.7, Residential density, to correctly state the formula for calculating residential density in
an NMD; 20A.9, Green spaces, amenities, conservation areas and preservation areas, to change references from
"site area" to the "area proposed to be rezoned" when calculating the areas of green spaces and amenities; and
20A.10, Streets, to change a reference from "department of engineering and public works" to the "department of
community development." A copy of the full text of the ordinance is on file in the office of the Clerk of the Board
of Supervisors and in the Department of Community Development, County Office Building, 401 McIntire Road,
Charlottesville, Virqinia.
RECOMMENDATION:
ZTA 08 -02
PC March 24, 2009
Staff Report Page 1
STAFF PERSON: Elaine K. Echols, AICP
PLANNING COMMISSION PUBLIC HEARING: February 17, 2009
PLANNING COMMISSION FOLLOW -UP: March 24, 2009
ZTA 08 -02: Amendment to the Planned District (PD) and Neighborhood Model District (NMD)
Regulations
ORIGIN: On April 22, 2008, the Planning Commission passed a resolution of intent to consider minor
changes to the PD regulations as well as a major change that would require that certain site plans and
subdivision plats permitted under old planned development zoning comply with current rather than
"old" regulations that existed at the time of rezoning approval. The resolution of intent is provided as
Attachment A.
PROPOSAL: The proposed text amendment is Attachment B. It has four important areas of change.
The first set of changes would bring titles and other references in conformity with current Community
Development job titles and current zoning references as well as clarify how amendments to PDs can
be made. The second change deals with old PDs, new regulations and vesting. The third change
deals with timing for a parking study. The fourth set of changes reduces the architectural information
required for NMDs. Each of these items is discussed in detail later in this report.
PUBLIC PURPOSE TO BE SERVED: The changes will help protect the public interest by causing
some undeveloped rezoned properties that predate the 1980 zoning ordinance to comply with current
regulations and cause some post 1980 undeveloped rezoned properties to comply with current
parking, landscaping, signage, Entrance Corridor, flood hazard overlay, and lighting regulations. Not
all undeveloped rezoned properties will be included because of vested rights provisions.
In addition, the public is served by having consistency between titles of decision - makers listed in the
ordinance and the current staff titles in Community Development. The public is further served by
having consistency of terms in different sections of the ordinance and clarity in identifying how
amendments to PDs can occur. Finally, the public is served by reducing staff time on enforcement of
architectural standards, which do not help implement the Neighborhood Model.
BACKGROUND: After Planning Commission discussions in April 2008, the County Attorney drafted
changes to the PD section to try to address the Commission's concerns. On July 29, 2008, staff held
a worksession with the Commission on these proposed changes, as well as several other changes
that the staff proposed the Commission consider, based on their experience in administering the PD
regulations.
At the request of the Commission, on September 30, 2008, a "roundtable" discussion was held with
the public on the vesting aspect. The Commission mainly heard comments from members of the
development community who believed that the proposed changes would adversely affect recently
approved planned developments. The Commission asked staff to work on ways to address the
concerns of the public as well as concerns of the Commission. Staff brought a set of recommended
changes to the Commission on December 9, 2008, which the Commission agreed to take to a public
hearing.
The ordinance proposed for public hearing reflected the changes requested by the Commission with
two minor additions. These additions dealt with providing clarity in how amendments to PDs can take
place and making the architectural changes retroactive to previously approved NMDs.
ZTA 08 -02
PC March 24, 2009
Staff Report Page 2
On February 4. 2009. staff made the proposed amendment available to the public through
notifications and placing the proposed amendment at the website. One comment was received prior
to public hearing It came from Frank Cox:
I have only one comment ... This is in regard to your stated mapping requirements (Section
8.5.1.c.). Your text refers to using County topography as the minimum requirement for the
application plan. Having done hundreds of these things, I believe that using such a broad contour
interval is a mistake. For projects which are planned for legitimate density levels, accurate
physiographic assessments and thoughtful planning of streets and infrastructure should be based
on current 2' contour interval topographic mapping I would suggest that your text not be
ambiguous about the map detail.
My main point is this: The County mapping is not sufficiently accurate to serve as the foundation for
good master planning (we have found "busts" as large as 15 -20' in comparison to site - specific
mapping ) Also, using 5' or 10' contours does not provide the designer with sufficient information to
create a reasonably accurate picture meeting the requirements of what the County staff typically
feels is needed for a complete review of an application plan.
If you approve application plans based on the larger contours, you are only inviling an applicant for
a return visit to one's original designs upon getting down to the detail of final plat and plans. If the
political goal is to drag out the overall planning approval process, this is a good way to do it_ It
almost guarantees the need for a subsequent "re- think" of and revision to one's master plan.
However, if you want to avoid having to share and endure the pain of a re -do, it's best to have them
prepare good mapping in the first place.
Some developer /property owners may complain that it is too expensive and not needed to
undertake site- specific mapping at the outset of a project While this may hold true for, say,
someone with an RA, large -lot application, it should be a requirement for any major project in the
development areas For an urban project, 2' contour mapping is comparatively inexpensive, easily
done. and very, very beneficial.
Staff agreed that having the most accurate topographic info available for rezoning purposes would
reduce the number of problems that occur when the site planning or subdivision phase occurs.
especially on very tight sites. Staff noted that it can spend considerable amounts of time working with
applicants who have an expectation for maximum build -out where, due to inaccurate topo. the area for
development is not as great as previously thought. Staff also noted that the time spent in exploring
options for which variations might be granted is currently not covered by fees.
However, staff further noted that applicants should be aware that an application plan does not in itself
guarantee the maximum buiid -out depicted. Actual build -out is typically determined at the site plan or
plat stage. With that in mind, staff stated that the County's 4 -foot contour interval is accurate to +1- 2'
and. according to the County Engineer, should be sufficient for rezoning planning purposes.
Furthermore. staff indicated that nothing in the proposed ordinance amendments would prevent an
applicant from using 2 -foot contour mapping should they so desire.
On February 17, 2009. the Planning Commission held a public hearing on the proposed amendment.
At that hearing, (Veil Williamson of the Free Enterprise Forum presented comments from Valerie Long.
a local laird use attorney who works on rezonings and special use permits in the County. Ms. Long's
memo is Attachment D. The County Attorney identifier) several other recommended changes at the
public hearing (Attachment E). The Commission accepted the County Attomey's changes, but asked
staff to bring back recommendations on Ms. Longs suggestions.
ZTA 08 -02
PC March 24, 2009
Staff Report Page 3
ADDITIONAL INPUT SINCE THE FEBRUARY 17 PUBLIC HEARING
Since the public hearing, the County Engineer has offered several other minor changes. Changes
recommended by the County Engineer and County Attorney, as well as changes recommended by
Ms. Long that staff can support, have been incorporated into the recommended text amendment
(Attachment 8). Each of Ms. Long's recommended changes, as well as the staff additions, are
discussed later in this report.
ADMINISTRATION / REVIEW PROCESS: The administration of the ordinance will be simplified by
providing clarity in requirements for NMDs, clarity in determining how current regulations relate to
previously approved rezonings, and reducing review time for building permits.
HOUSING AFFORDABILITY: The proposed changes should not have an impact on housing
affordability.
IMPLICATIONS TO STAFFING / STAFFING COSTS: The proposed changes should result in
reduced staff costs due to time savings in review of applications.
DETAILS OF PROPOSED AMENDMENT:
Old Planned Districts /New Regulations and Vesting
The Planning Commission's resolution of intent was based on concerns regarding old subdivision and
zoning regulations being applied to new developments. The proposed amendment provides a two-
fold way approach. Part a. of Section 8.5.5.2 Review of site plans and subdivision plats indicates that
any planned districts approved on or before December 10, 1980 must meet current zoning
requirements unless they can establish a vesting. If they can establish a vesting, then they could
choose whether to use the zoning regulations in effect at the time of the rezoning or current
regulations.
Part b. of Section 8.5.5.2 says that planned districts approved after December 10, 1980 could use the
zoning regulations in place at the time of rezoning with the exception of the Entrance Corridor Overlay
District, the Flood Hazard Overlay District, outdoor lighting, signs, parking and landscaping, which
deal with health, safety, environmental and appearance issues that the County believes are important
for any development. Current parking requirements may be more than when a rezoning was
approved or they may be less. The parking section of the Zoning Ordinance allows the Zoning
Administrator to reduce the minimum parking requirements with a study which substantiates less need
for parking. The floodplain boundaries change from time to time and the Overlay District requirements
relate to safety. Current regulations for these seven sections would be required unless the developer
or subdivider can show the prior rezoning is vested.
As the Commission is aware, state law prevails in cases of vesting such that opportunities to deal with
old zoning are limited. For example, unless an off -site improvement is specifically proffered or
required by a different agency, such as VDOT or the Albemarle County Service Authority, the locality
cannot require an off -site improvement. So a property owner's rights are protected to the extent that
he can establish a vesting. In the second case above, a property owner only has to establish a
vesting if he /she believes that the sections noted in the proposed amendment should not apply to
their development.
Parking in Neighborhood Model Districts
The proposed amendment will allow for a parking study to be provided with the rezoning or at the site
plan stage. Currently the ordinance requires that a parking study be provided at the rezoning stage.
This flexibility is viewed as important because in NMDs with a large non - residential component, there
ZTA 08 -02
PC March 24, 2009
Staff Report Page 4
can be too wide a range in uses to legitimately predict parking needs. If an applicant knows the uses
that will occupy the buildings at the rezoning stage provision of a parking study could be very
beneficial to the applicant and the County at that time. If an applicant does not know the uses,
however, it is in both the County's and the applicant's best interest to postpone providing that
information until the site plan stage.
At the site plan stage, greater certainty will exist in the uses which will occupy buildings. This
additional information can also allow an applicant to request reduced parking than what might have
been required with the rezoning. Allowing for the flexibility proposed with the amendment can help
avoid overbuilding parking lots and to take into account a build out period that can extend for many
years and varying market conditions.
Architectural Standards
The proposed amendment would reduce the amount of architectural information required with a
rezoning and leave certain questions related to architecture to builders and private architectural
review boards established for the development. Architectural standards related to the form, massing.
and proportions of structures, and fapade treatments would be retained. These items are essential in
helping to create a human - scale. neighborhood friendly environment. Standards related to
architectural styles, textures, colors, and materials would be required only if architectural compatibility
was important for the rezoning. Required standards for ornamentation would be dropped. Standard
language that a development's architectural review board will review architecture before submitting
site plans and building permits for buildings in NMDs would be required.
The amendment also contains this language:
20A.5(g)(1) through (4) shaRle-dhe-only architectural standards in the code-of development that apply to the
• • • •
The Planning Director would need to determine whether styles, materials. textures, or colors were
important to NMDs which have been approved as of the effective date of the ordinance. It is
expected that styles, materials, textures, and colors will apply only in infill projects.
Amending Planned Districts
The proposed ordinance amendment also contains a modified Sec. 8.& Amendments to planned
development districts. The proposed new text is below
• • .1 . (( 1 • ( • M: 1 •1 1 • • 6 •�!1 ! • • • ! • !!•� •1 !
77=6 GrarMIMITIM116 =6- I ERM1114-11 M-1 Me
ins 1101N.7111101011101 M1111111IM1,111"
• e I 1113 !1'! /!/ /''/ ! ! /II 1- • ••• .(1 111 • r W
TI
ZTA 08 -02
PC March 24, 2009
Staff Report Page 5
development district and identifying any area to be added to or deleted from the district or identifying the area
to which the amended application plan, code of development, proffers or any waiver or modification would
apply.
C, Individual notice. In addition to any notice required by Virginia Code & 15.2 -2204 and sections 33.4
and 33.8 of this chapter, written notice of the proposed amendment shall be provided to the owner of each arce
within the planned development district. The substance of the notice shall be as required by Virginia Code &
15.2 - 2204(8) paragraph 1. regardless of the number of parcels affected.
d. Factors to consider during review ofmposed amendment. In addition to any other applicable factors
to be considered in the review of a zoning may amendment, the following shall also be considered:
Whether the proposed amendment reduces, maintains or enhances the elements of a lanne
development set forth in section 8.3.
2, The extent to which the proposedamen mcnt impacts the other_parcels within the Dlanned
development district.
This section if proposed to provide clarity in who can make application to make a change within a
planned district. Recent requests for changes to Hollymead Town Center Area C. made from new
owners of property, have caused both confusion and consternation. This section should help future
applicants know whether they can make a request for a change without the consent of all other
owners in the planned district.
A full comparison of existing ordinance language with proposed ordinance language is provided as
Attachment D.
Changes since the February 17, 2009 Hearing
Staff has made the following changes to the proposed ordinance amendment since February 17.
They are as follows:
1. Provided updated State Code references in Section 8.5.5.2.x.
2. Added to Section 8.5.5.2 that the Water Protection Ordinance applies regardless of when the
application plan was approved (County Engineer recommendation).
Applicability of chanter 17. Each preliminary and final site plan and subdivision J2/at wi
a Manned development district shall be reviewed jar compliance with chapter 17 of the AlbemarlF
County Code in effect when the site plan or subdivision plat is under county review,r�pardless o /o/
when the planned development •yac established or whether the developer or subdivider elects. or
establishes vested fights, under sections 8.5.12(8 ) and (b)to proceed with review under the app
rggulations in effect when the planned development was approved.
3. Revised Section 8.5.5.2.b. in response to one of Valerie Long's requested changes as follows:
ZTA 08 -02
PC March 24, 2009
Staff Report Page 6
rl7 WA4-X�Iir41MJIii l�f�tFYtINC-
-A4rli�] /�1liP�!
l' -101 •]1f[�li��P
[stli
• ._,I-r •roe
r r •
• 1 • • -
• 19-1111
•�
ZTA 08 -02
PC March 24, 2009
Staff Report Page 6
41 .18
m1 r , r + r- ■r . o ! e
■r+ r + rr■ , ur ' 1 r +r + r rr'r ► +r r +r r r
rM
11 r + rr ► •rr r r et � 1
Ms. Long had requested that all approved application plans be considered "significant
governmental acts " - however, staff notes that application plans approved between 1980 and the
late 1990's were rather minimal. The ZTA to amend the PD regulations and establish the NMD
regulations in 2003 set a higher standard in response to concerns of the Commission for sufficient
detail to weigh the merits of a proposal As a result, staff believes that giving application plans the
status as a °significant governmental act" should be limited to application plans approved on and
after March 19, 2003 that meet the application plan requirements in effect on and after March 19,
2003.
4. Added #3 to Section 8.5.52.c to make clearer the role of the County Engineer in determining
conformity of plans for early grading with conceptual grading plans included with the application
plan in the rezoning, as follows:
5. Added information on the County Engineer's involvement to Section 8.5.5.3. — Variations. This
addition formally includes the County Engineer in determinations of whether to grant a change in
stormwater management as well as added other aspects of grading and disturbance:
u 1 ■ 1 : 1 ■ I ' ' 1 • 1 ■ ■ ■ I ■ ■ 11 .. 11.1 , ' u 1 r r - r
MTV
. ! ■ r r
r ► ► r r r t ► l 1 I ■ 1 M ■ I , • ■ ■ 11 I i ■ ■ 1 ■ • ■ ■ •
6. Section 8.5.5.4.b. and c. —modified to clarity roles of the County Engineer and Planning Director in
making determinations for early grading permits --
A gradin_g permit may be issued For site preparation grading associated with an approved
planned development if the erosion and sediment control plan merixmres. disturbed alert UW
grading are in cvnfvrmi& with the concept grading and measures shown an the application
Alan as determined 61, floe corutn' engineer, after coasulladen with the director of nlanHZ
C. if after consultation with the director of planning_ the counh, engineer finds that there is not
enough detail on the application plan to assure
are consistent with the application nlatt. agrading permit shall not he issued until the final
site plan is approved, or the final plat is tentatively approved.
Ms. Long had suggested that a provision also be included to allow for approval of an "interim"
grading plan if no grading plan had been submitted with a rezoning. She believes that an
applicant should be able to do grading before approval of a final site plan if they submit a grading
ZTA 08 -02
PC March 24, 2009
Staff Report Page 7
I r' r' r
,
► r ►
r
r + ±r r ! ►rr r "► ►
rr +r►
■ ►r r ► r r IfIld
► ► ► ►►+
►r r
r ► + r r►, ► ►►
5. Added information on the County Engineer's involvement to Section 8.5.5.3. — Variations. This
addition formally includes the County Engineer in determinations of whether to grant a change in
stormwater management as well as added other aspects of grading and disturbance:
u 1 ■ 1 : 1 ■ I ' ' 1 • 1 ■ ■ ■ I ■ ■ 11 .. 11.1 , ' u 1 r r - r
MTV
. ! ■ r r
r ► ► r r r t ► l 1 I ■ 1 M ■ I , • ■ ■ 11 I i ■ ■ 1 ■ • ■ ■ •
6. Section 8.5.5.4.b. and c. —modified to clarity roles of the County Engineer and Planning Director in
making determinations for early grading permits --
A gradin_g permit may be issued For site preparation grading associated with an approved
planned development if the erosion and sediment control plan merixmres. disturbed alert UW
grading are in cvnfvrmi& with the concept grading and measures shown an the application
Alan as determined 61, floe corutn' engineer, after coasulladen with the director of nlanHZ
C. if after consultation with the director of planning_ the counh, engineer finds that there is not
enough detail on the application plan to assure
are consistent with the application nlatt. agrading permit shall not he issued until the final
site plan is approved, or the final plat is tentatively approved.
Ms. Long had suggested that a provision also be included to allow for approval of an "interim"
grading plan if no grading plan had been submitted with a rezoning. She believes that an
applicant should be able to do grading before approval of a final site plan if they submit a grading
ZTA 08 -02
PC March 24, 2009
Staff Report Page 7
plan that conforms with the application plan. She said this would avoid an ail or nothing situation
while addressing the need for more detail
Staff could not support this change for the reason identified in #3 above. Earty application plans
had little detail so conformity with a grading plan would be difficult to assess without a site plan.
More importantly, though, if a developer wished to grade a site prior to approval of a site plan,
there would be no incentive for the developer to actually complete a site plan and grading could
take place for which a development does not occur for many years.
6. Added clarifying language to Sec. 8.5.5.5 (recommended by County Attorney) Site plan and
subdivision plat requirements where there is no application plan:
Fcrl d,r r llan or sfrbdizlkiou ku ar 1irr�e dislri�l eslublished. [f a ►�iapned xclQpment district was
established hcfQre.an applic io_ n plan was reyuiredetin..$= lQh R nrove of the zon6ug
ma"mendment but there was a valid site plan ar-subdivision pla=t pertaining to the entirehr o_f_the
disfrid a( Ute d= the zonim ma amendment w= gp=W, the approved site
plan 4i sutlidiyision at shall be deemed to be the application plan, and the ft-pt -or subdivision alat
shalt_ Viewed as �rori�ed.in s�tion 8 ,5.x. (Amended 7- 16 -86) - — —
4. Provided clarifying language Section 8.6 -- Amendments to Plans (recommended by County
Attorney );
a, &lg_ffi eW Llt�zL—Any owria. contract purchaser- r.iih_the ow..M K 's consent. ar-agy authorized W_R.t of
thp w r ofone ur :nore arxels within a larmed develocm=L y to amend_ the
csisWm_planned devel std*Qt as 61 pertaiRLLQtht�Qwn�r' .] rcel[s). The Qwner_ of each =cel
to- which�the pr=scd amendment would resulLin.9EIMirtr_a Yhe_ a in
use, densi on _(hat par�el�nge to an}�rQf�r 9r= — - ion in a c.adc-ofd Lament
that ►►ouid annly to the narcel_ a change to an ownerr exnrett nhtivalian under a nroffpr or
change to, thcApp cation plan -that would arypiy_ia the Marcel. shall be an anpficant.
5. Re -added option to Section 20-a-3. —Parking Study —added language to create the option of
providing the parking study with a site plan instead of with the rezoning:
AA parking and loadiagaa d5 _tudv that demonstrates parking pees and reauirementsand includes
strategies for dealing with_thesr nu ri,recfuiLernents. incluslin fin asing�lan �arkingait-ernativc3
AiaaWed in section 4123 of this chapter, and tram 3ion_demandmnagemeut strategies, as
provided in section 4.L.12 of this chanter_ VMEjdedjhd(jheaRa&anI my submit the narking an
loading, needs sludv in canit ►nction with the bretiminan, site elan for the deyetonment if i1
demonstrates to the sotisrad ma aLlhe totting administrator that the uses 1/gat mgj- occuni• the
6. Clarified Sec. 20A.6.a. Permitted uses —per Ms. Long's comment how the Zoning Administrator
determines if a use is allowed in a NMD
The following uses shall be permitted in an NMD, subject to the regulations in this section and section
8, the approved appLkation plan and code of development, and the accepted proffers:
a. B), right uses. The following uses are permitted by right if the use is expressly identified as -a- ,
right use in the code of development or tithe use i_s_nermhkd by a delermination by the zoning
adm&dstrayu pursuant (a section 8.5,5,&g=:
ZTA 08 -02
PC March 24, 2009
Staff Report Page 8
7. Clarified Section 20A.f.4. -- Application Plan requirements – per Ms. Long's request:
f. —Agy gLjWffed. con j2Qscd_sjM=.a s we
shown on the compreten iv a plan,
Ms. Long also suggested two items be added to Section 8.5.5.3. which refers to variations. Her first
suggestion would be to add a "catch all" category to the list of eligible variations. This -catch all'
category would be something like, -a change which the Planning Director deems reasonable Staff
cannot recommend a "catch all" category without specific parameters. The parameters keep the
Planning Director from approving something that would otherwise constitute a zoning change which
needs public review and approval by the Board.
Her second suggested change in Section 8.5.5.3. would be to add the ability for the Commission to
consider whether it would be appropriate to permit a minor increase in density in a planned district.
Because of state code requirements related to advertising specific densities with a rezoning, this type
of change could not be done.
STAFF RECOMMENDATION: Staff believes the proposed amendment represents needed changes
to the ordinance and recommends adoption of the ordinance amendment contained in Attachment B.
Attachment A:
Resolution of Intent dated 4 -22 -08
Attachment B:
Proposed ordinance amendment dated 3 -17 -09
Attachment C:
Comparison table dated 3 -24 -09
Attachment D:
Memo from Valerie tong to Neil Williamson dated 2 -17 -09
Attachment E:
County Attorney Changes 2 -17 -09
ZTA 08 -02
PC March 24, 2009
Staff Report Page 9
RESOLUTION OF INTENT
WHEREAS, the neighborhood model district regulations were adopted in 2003 as section 20A of the
Zoning Ordinance and, also at that time, the general planned development regulations set forth in section 8 of the
Zoning Ordinance were amended; and
WHEREAS, practice and experience over the past five years, together with the reorganization of the
County's development departments, recommend that sections 8 and 20A be amended; and
WHEREAS, among the key sections proposed to be amended is section 8.5.5.2, which presently
includes a grandfathering provision that provides owners the option to develop their land under the zoning and
subdivision regulations in effect when the planned development rezoning was approved even though such right to
develop under those regulations may not be vested as provided under state law, and section 4.11.3 contains a
similar grandfathering provision; and
WHEREAS, in order to better achieve the purposes of planned developments and the neighborhood
model form of development, and to assure that lands are developed under the most appropriate regulations, it is
desired to amend sections 4.11.3, 8.2, 8.5.1, 8.5.5.2, 8.5.5.3, 8.5.5.4, 20A.5, 20A.6, 20A.7 and 20A.10 of the
Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Planning Commission hereby adopts a resolution of intent to
amend sections 4.11.3, 8.2, 8.5.1, 8.5.5.2, 8.5.5.3, 8.5.5.4, 20A.5, 20A.6, 20A.7 and 20A.10 of the Albemarle
County Zoning Ordinance, and any other regulations of the Zoning Ordinance deemed appropriate to achieve the
purposes described herein; and
BE rF FURTHER RESOLVED MAT the Planning Commission shall hold a public hearing on the
zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of
Supervisors, at the earliest possible date.
ATTACHMENT A # f
Draft: 03/17/00
ORDINANCE NO. 09 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
11, BASIC REGULATIONS, AND ARTICLE I11, DISTRICT REGULATIONS, OF THE CODE OF THE
COUNTY OF ALBEMARLE. VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article 1, General Provisions, Article 1I, Basic Regulations, and Article 111. District Regulations, are hereby
amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 8.2 Relation of planned development regulations to other zoning regulations
Sec. 8.3 Planned development defined
Sec. 8.5.1 Applications and documents to be submitted
Sec. 8.5.2 Preapplication conferences
Sec. 8.5.3 Review and recommendation by the planning commission
Sec. 8.5.4 Review and action by the board of supervisors
Sec. 8.5.5 Final site plans and subdivision plats
Sec. 8.5.5.1 Contents of site plans and subdivision plats
Sec. 8.5.5.2 Review of site plans and subdivision plats
Sec. 8.5.5.3 Variations from approved plans, codes, and standards of development
Sec. 8.5.5.4 Building permits and erosion and sediment control permits
Sec. 8.5.5.5 Site plan and subdivision plat requirements for planned development zoning districts
established without an application or application plan
Sec. 8.6 Amendments to planned development districts
Sec. 24A.3 Application requirements; required documents and information
Sec. 20A.4 General development plans
Sec. 20A.5 Codes of development
Sec. 20A.6 Permitted uses
Sec. 20A.7 Residential density
Sec. 20A.9 Green spaces, amenities, conservation areas and preservation areas
Sec. 20A.10 Streets
Chapter 118. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Application plan: The graphic depiction of a proposed development containing the information required by
section 8.5.1(ftelandd withiu..t tivn,_2.4A elan de iQnated ands Yt:d
as a meral.devel_QFm�nt _ �hborttood model der' t e n. March_ f =tom
a plicatwnTlgahElhtR thi (Added 3- 19 -03)
Block: An area shown on an application plan that is typically surrounded by
streets and within which land use activities occur. Although blocks usually imply a grid street system, where
steep topography exists blocks may exist in non - rectilinear shapes. (Added 3- 19-03)
ATTACHMENT B
fre�rr
Article II. Basic Regulations
Draft: 03/17/09
Sec. 8.2 Applicable regulations:
waivers and modifications
Planned developments shall be subject to the following regulations in this chanter:
a. Sections applicable. Unless expressly superseded by a regulation of the applicable lap nned
development district. Ithe regulations '
of this chapter, other than those paining to conventional development
opme
districts stated in sections 10 through 18 20B, 22, 23, 24, 27 and 28. shall apply to each planned
development district unless the subject matter is expressly addressed in the code of development under
section 20A.5. or the regulation is waived or modified as provided in subsection M
b. Waivers and modificali��An applicant may request that any requirement of sections 4, 5.21.26 and
32, or the le planned development district regulations be waived or modified if it is feund the
board of supervisors finds the regulation to be inconsistent with planned development design principles
and that the waiver or modification is consistent with the intent and purposes of the planned
development district under the particular circumstances.
1. Submittal ofrequest for waiver or modification. If the applicant requests such a waiver or
modification as part of the application plan, the applicant shall submit its request in writing as
part of the application 1plan, and shall demonstrate that the waiver or modification would not
adversely affect the public health, safety or general welfare and, in the case of a requested
modification, that the public purposes of the original regulation would be satisfied to at least an
equivalent degree by the modification.
2. Timinz afreauest. Notwithstanding any regulation in sections 4, 5, ( or 32 establishing a
procedure for considering a waiver or modification, any request for such a waiver or
modification shall be reviewed and considered as part of the application plan. Nothing in -t#is
seetien prehi :,provided that an owner within a planned development €fern- Fequestin may
request a waiver or modification of any requirement of sections 4, 5 and 32 at any
time, under the procedures and requirements established therefore.
3. Findings. In addition to making the findings required for the granting of a waiver or
modification in sections 4, 5 2 26 aW 32, such a waiver or modification may be granted
only if it is also found to be consistent with the intent and purposes of the planned development
district under the particular circumstances, and satisfies all other applicable requirements of
section 8.
(12- 10 -80; Ord. 03- 18(2), 3- 19 -03; Ord. 05- 18(5), 6 -8 -05)
Sec. 8.3 Planned development defined
A planned development is a development that meets all of the following criteria at the time it is established or
amended: (1) the land area ptonosed to be rezoned or the area within the planned development district is under
unified control and will be planned and developed as a whole; (2) the development+
conforms with one or more approved application plans; and (3) in all planned development districts other than a
12 ATTACHMENT B
Draft: 03/17/09
planned historic district, the development will provide, operate and maintain common areas, facilities and
improvements for some or all occupants of the development where these features are appropriate.
(12- 10 -80; Ord. 03- 18(2), 3- 19 -03; Ord. 05- 18(5), 6 -8 -05)
Sec. 8.5.1 Applications and documents to be submitted
Each application for a planned development district shall be submitted as provided for other zoning map
amendments. The documents required by subsections (a) through (e) below shall be submitted with the
application. After the application is submitted, the director of
lag may request additional plans, maps, studies and reports such as, but not limited to, traffic impact
analyses, identification of specimen trees, and reports identifying potential non -tidal wetlands which are deemed
reasonably necessary to analyze the application:
a. A regional context map at a scale of not less one (1) inch equal to one thousand (1000) feet showing
topography at a maximum of ten (10) foot intervals, surrounding properties, improvements to those
properties, surrounding public streets, private roads, and other thoroughfares;
An accurate boundary survey of the tFaet 6F Plafl li area to be rezoned showing the location and type
of boundary evidence and the source of the survey;
• at a scale of • t • t one , _ to • , (10 0) provided that an
The following existing physical conditions: streams, wooded areas, potential non -tidal wetlands,
slopes in excess of twenty-five (25) percent, historic structures and sites included in the records
of the Virginia Department of Historic Resources, floodplain, and any identified features in the
open space element of the comprehensive plan;
..
007-5 -0000104-
3. Existing roads, easements, and utilities;
Oil. =1 ffiffill
Imial •l 1.
• • ._, •••• 11 i • •) - 1 l ,! ( • ll•
The present use of adjoining tFaets adjacent e s and the location of structures on adjeinin
aas�t►t parcels, if any; and departing lot lines: and
The existing location, type and size of ingress and egress to the site;
d. A traffic impact statement meeting the re uirements of state law including, but not limited to. 24 VAC
30- 155 -10 et sea.:
13 ATTACHMENT B
Draft: 03/17/09
An application plan based on a minimum of twe (2) data r-egar-eaees fer- elevatiefis te be Used On Pla
and pFa€tles at a scale of not less than one (1) inch equal to one hundred (100) feet, provided that
another interval and /or scale may be required or permitted by the director of }Manning where the size of
the area proposed to be rezoned or topographic considerations warrant. showing:
The areas to be designated as preservation areas, if appropriate, and areas to be designated as
conservation areas, such as streams, wooded areas, specimen trees, non -tidal wetlands, and
other significant environmental features;
2. The prepesed Conce to ualgrading/topography with a maximum of five (5) feet eenteur ifttef-�,ftls
using the county's geographic information system or better topographical information, and the
source of the topographical information supplemented where necessary by spot elevations and
areas of the site where existing slopes are twenty -five (25) percent or rg eater;
The general location of proposed streets, alleys, sidewalks, and pedestrian paths;
4. Typical street cross - sections to show proportions, scale, and streetscape;
Connections to existing and proposed streets, as well as proposed thoroughfares shown on the
comprehensive plan;
6. Trip generation
-7f. The general lay -out for the water and sewer systems, conceptual stormwater management, and a
conceptual mitigation plan;
87. The location of central features or major elements within the development essential to the
design of the development, such as major employment areas, parking areas and structures, civic
areas, parks, open space, green spaces, amenities and recreation areas;
48. A summary of land uses including dwelling types and densities, and the gross floor areas for
commercial and industrial uses;
4-02. The genet-a! A conceptual lot lay -out; and
4411. Standards €eF -f development including proposed yards, building heights, open space
characteristics, and any landscape or architectural characteristics related to scale, proportions,
and massing at the edge of the district.
(12- 10 -80; Ord. 03- 18(2), 3- 19 -03)
Sec. 8.5.2 Preapplication conferences
Each applicant for a planned development shall attend a joint meeting with the planning, engineering, and
zening staff of the department of community development as well as other qualified officials from outside
agencies such as the Virginia Department of Health, the Virginia Department of Transportation, and the
Albemarle County Service Authority to review the application plan and the proposed development before the
application is submitted. The purpose of the preapplication conference shall be to assist the applicant to assure
that the application and the documents to be submitted with the application comply with all applicable
regulations, and to identify as soon as possible conflicting regulations and necessary waivers or modifications.
Each applicant is encouraged to use the preapplication conference process to develop an application for a
planned development that, when submitted with its supporting documents, will be as complete and
comprehensive as possible.
14 ATTACHMENT B
Draft: 03/17/09
(§ 8.5.3, 12- 10 -80; Ord. 03- 18(2), 3- 19 -03)
(Former § 8.5.2 Planning Commission Procedures Repealed 3- 19 -03)
Sec. 8.5.3 Review and recommendation by the planning commission
Each application €er to establish or amend a planned development distric shall be reviewed and acted on by the
planning commission as follows:
a. The commission shall consider and make its recommendation to the board of supervisors on each
application for a planned development district as it does for other zoning map amendments. Within the
time provided to make a recommendation, the commission may hold work sessions on the application
and proceed to a public hearing after it determines that no further work sessions are necessary, or at any
time the applicant requests a public hearing.
in Making its Feeemmendatien on the appliemien to the beafd OF SUPeM4SOFS, the eemmissien shall
make findings abeut the fellewing In addition to any other factors relevant to the consideration of a
_zoning map amendment, the commission shall consider the following:
1. Whether the proposed planned development or amendment thereto satisfies the purpose and
intent of the planned development district.
4-2.
Whether the area imposed to be rezoned is
appropriate or a planned development under the comprehensive plan; Lh& physical
characteristics of the lmd area imposed to be rezoned; and 419 the, relation of the area proposed
to be rezoned to the surrounding area; and
21. The relation of the proposed planned development to major roads, utilities, public facilities and
services;
Depending en the findings it makes, *The commission shall either recommend approval of the
application, including all requested waivers or modifications, as proposed, approval of the application
with changes to be made prior to action on the application by the board of supervisors, or disapproval.
(§ 8.5.4, 12- 10 -80; Ord. 03- 18(2), 3- 19 -03)
Sec. 8.5.4 Review and action by the board of supervisors; effect of approval
Each application to establish or amend a planned development district shall be reviewed and acted on bvbg
board of supervisors, and approval of the application shall have effect, as follows:
a. Review and action. The board of supervisors shall consider and act on each application for a planned
development district as it does for other zoning map amendments. If the board approves the application,
the approving action shall constitute approval of the application plan, and all standards €ew -of
development submitted by the applicant, and the code of development, as applicable. The board's
action shall also identify which proffers it has accepted and which waivers or modifications it has
granted.
bbEffect of amroval. Upon approval of an application, the application
plan, all wed standards €ef -f development submitted by the applicant the code of development, as
15 ATTACHMENT B
Draft: 03/17/09
�
Jica —W and all accepted proffers- and all pproved waiv d_tnWifications shall be included as
part of the zoning regulations applicable to the planned development.
(§ 8.5.5, 12- 10 -80; Ord. 03- 18(2), 3-19-03)
See. 8.5.5 Final Site plans and subdivision plats
Sec. 8.5.5.1 Contents of site plains and subdivision plats
Each site plan and subdivision plat submitted for development in a planned development shall comply with the
following:
a_ Generally. Each site plan for a planned development shall comply with section 32 of this chapter,
subject to the waiver or modification of any such regulation pursuant to section 8.5.3(b)(3) &Z M. Each
subdivision plat for a planned development shall comply with Chapter 14 of the Cede of Al ffieN
subject to the waiver, variation or substitution of any such regulation pursuant to section 14 -237.
b. Within the neighborhood model zoning district. in addition to the requirements of PRFBgMph subWctiQn
(a), each site plan or subdivision plat for a planned development within the neighborhood model zoning
district shall pertain to a minimum area of one block and shall include a phasing plan, and each site plan
shall include building elevations for all new or modified structures.
(§ 8.5.6.1, 12- 10 -80; 9 -9 -92; § 8.5.5.1, Ord. 03- 18(2), 3- 19 -03)
Sec. 8.5.5.2 Review of site plans and subdivision plats
fifift' Sile PlaR OF SUbdiNriSiO0 PlOt fOF a PlaHHed development shall be FeViewed for- eomplianee with the
F I1E)WiR,.
Tvrvrriis�. -
s
of !his e F
with the zening adminis'FaIer.
EAgh pim iminaD and fitaI_ittr.piat> an ivision r P! aannelLdeyeJooment shall.be..reyiewed for
co�npplianc� with che_ applicable re�ulation�a�£QliQVV�;
-Plgnn d r �e ls�lslricls eslablishe�f or�.oL�f��ecmher_ [� 80. Each _ inan aDd_JinaI
sit elan ,a,�d subdivisi9npiat within a _plannedAcyelonment district established ptt_Qr before D_cc= cr
1UT19$Q. be reviewed for 'M—with the- applicable, regulations when the site plan or
subdivision plat is under county review__pro% ided .tha a thc_Qption of1he developer or ssubdivider. each
Prelimium and final-subdivision platy be reviewed for compliance with the applicable
Nr:L011;13VAN111:3
Draft: 03/17/09
qulRtwsmnrSTmw*T= 170 1'
• ' / /'I �' II /'/ i / i/ i i I' 'III' I •il
••Il • ! • • I •• •l • InITTIM •• • •�_
• 1 • • • • • ! • • • ll • ♦ ITIMP. • . • -
1111 IF 1? 1
• � •• 1 .!l • !' ell "! 1' • • •. .••
MINE!
11 �. •ll1 ! ! l" • 1• • • •
certain current subjects dregulation. If the developer or subdivider elects to have its site plan
or subdivision plat reviewed for compliance with the applicable r"Wations in effecLmh=l&
planned development district was established. the developer or subdivider may alsQ elect tQ
comply with one or more of the subiects �f regulation listed in subsection 8.5,5.2(bXjjjisjcjd
of with the corresponding regulations in effict when the planned development district was
utaUis1
nn
whether it complies with the applicable • • 1 I! other reQu=*ents of I
conforms to the application plan s follows:
_ I / / • / / !/ / / I 1 ' • l • !!. ! • • - •!! ! - ♦ - 1. ' - • � !. •
• S • • l ! "tows I1 !• 1• s- -loll !
• ••• !! �'• •!I• l �• • • • I �• 1• • loU
• !.1 • !!' ! I• ! !.• ml. I . • i ll' loll !- I I • I • l W ll
2. Director OfD
subdivision • • •loll. to the application • .! In determining conformity, the director shall
decide whether 1! or maior elementLwithin development ! ell
location as shown on the application plarLand if the buildings, parking, streets, blocks, i2aths an
other design elements are of the same =neral character, scol2e and-scale as shown on the
application plan,
17 ATTACHMENT B
Draft: 03/17/09
. • /
• • 1 'ell-11 .
• 111 ! . I -
• • , . -ITH—TIVID Woo •
it ,Ill
Applicable
regulations
ddned. For the purposes of this
•. •i •
cable
"means.
mm
and variations.
C. Applicability oichapter 17. Each preliminary and final site plan and subdivision plat within a lap nned
development district shall be reviewed for compliance with chapter 17 of the Albemarle County Code in
effect when the site plan or subdivision plat is under county review. regardless of when the lanne
development was established or whether the developer or subdivider elects. or establishes vested rights,
under sections 8.5.5.2(a) and (bl to proceed with review under the applicable regulations in effect when
the planned development was a yrn owed.
f. Vested rights not impaired. Nothing in this section shall be construed as authorizing the impairment of
a vested right that may be established under Virginia Code U 15.2226UC),_ 15-2 -2297. 15.2 -2298.
(§ 8.5.6.2, 12- 10 -80; 9 -9 -92; § 8.5.5.2, Ord. 03- 18(2), 3- 19 -03)
See. 8.5.5.3 Variations from approved plans, codes, and standards of developments
The director of lap nning may allow a site plan or subdivision
plat for a planned development to vary from an approved application plan, standard of development and, also, in
the case of a neighborhood model district, a general development plan Ew code of development, as provided
herein:
The director planning is authorized to grant a variation from the following provisions of an approved
plan, code or standard:
1. Minor Miens Qhan= to yard requirements, build -to lines or rangeg& maximum structure
heights and minimum lot sizes;
Changes to the arrangement of buildings and uses shown on the plan, provided that the major
elements shown on the plan and their relationships remain the same;
Changes to phasing plans;
4. Minor changes to landscape or architectural standards; and
Minor YaFiatieRs to street design and street location, subiect to a recommendation for
approval by the county engineer,
& • l.l•
• • • • .1 • Fir-TI-1-1
. (W"11.11' • Il I •.�
"ap
lip
Applicable
regulations
ddned. For the purposes of this
section 8.5.5.2. the term
cable
"means.
reg 1 ions
as appropriate and applicable, all zoning
regulations, all subdivision
regulations, the
application
plan (except
for those elements authorized to
be shown at a conceptual or
general level).
including
those
formerly referred to as general development
plans. conditions ofARproy
accented
proffers. the
code of development. special use
permits. variances. and waivers.
modifications
and variations.
C. Applicability oichapter 17. Each preliminary and final site plan and subdivision plat within a lap nned
development district shall be reviewed for compliance with chapter 17 of the Albemarle County Code in
effect when the site plan or subdivision plat is under county review. regardless of when the lanne
development was established or whether the developer or subdivider elects. or establishes vested rights,
under sections 8.5.5.2(a) and (bl to proceed with review under the applicable regulations in effect when
the planned development was a yrn owed.
f. Vested rights not impaired. Nothing in this section shall be construed as authorizing the impairment of
a vested right that may be established under Virginia Code U 15.2226UC),_ 15-2 -2297. 15.2 -2298.
(§ 8.5.6.2, 12- 10 -80; 9 -9 -92; § 8.5.5.2, Ord. 03- 18(2), 3- 19 -03)
See. 8.5.5.3 Variations from approved plans, codes, and standards of developments
The director of lap nning may allow a site plan or subdivision
plat for a planned development to vary from an approved application plan, standard of development and, also, in
the case of a neighborhood model district, a general development plan Ew code of development, as provided
herein:
The director planning is authorized to grant a variation from the following provisions of an approved
plan, code or standard:
1. Minor Miens Qhan= to yard requirements, build -to lines or rangeg& maximum structure
heights and minimum lot sizes;
Changes to the arrangement of buildings and uses shown on the plan, provided that the major
elements shown on the plan and their relationships remain the same;
Changes to phasing plans;
4. Minor changes to landscape or architectural standards; and
Minor YaFiatieRs to street design and street location, subiect to a recommendation for
approval by the county engineer,
& • l.l•
• • • • .1 • Fir-TI-1-1
. (W"11.11' • Il I •.�
b. The applicant shall submit a written request for a variation to the director tanning;, tThe request
shall specify the provision of the plan, code or standard for which the variation is sought, and state the
18 ATTACHMENT B
Draft: 03/17/09
reason for the requested variation;, tThe director may reject a request that fails to include the required
information.
C. The director of planning is authorized to grant a variation upon a determination that the variation: (l) is
consistent with the goals and objectives of the comprehensive plan; (2) does not increase the approved
development density or intensity of development; (3) does not adversely affect the timing and phasing
of development of any other development in the zoning district; (4) does not require a special use
permit; and (5) is in general accord with the purpose and intent of the approved application.
d. The director of planning may require thaubc applicanLprQyide an updated application -plan and. in the
case of changes to a code of development a_compIcte re_flectinz th
ap. roved variation and -.the date of the variation. II' thr dire! -a eo an tij1dated aprzl ration nImn to
code of dpyq opmW,.__the._granting of the variation steal l_.be conditiot3al_.uR[tll the applicant n vidi t�h
plan or code wit in hir -(30) daya-aftvLapprQVaLuf the_yariation and a determination by the director
th.at-flac.pian -Qr s� w xt d_to correctly reflect Chi �ranted_var�tiQU,
Any variation not expressly provided for herein maybe accomplished by Fezenin inning mailman
atnendmeat.
(§ 8.5.6.3, 12- 10 -80; 9 -9 -92; § 8.5.5.3, Ord. 03- 18(2), 3- 19 -03)
Sec. 8.5.5.4 Building permits and erosion and sedimen# eon gradine permits
Building permits and eFesion and sed i ment eem grading permits may be issued as provided herein:
a. A building permit, including any special footings or foundation permits, may be issued for any work
within a planned development, excluding the installation of street signs, only after the approval of the
final site plan or final subdivision plat in the area in which the permit would apply.
b. A grading permit may be issued for site preparation grading associated
with an approved planned development if an the erosion and sediment control plan measures, disturbed
area.and Pradin� are in_n£armity with the concept grasling and measstre s�t��rn vn.the anion
plan as-dr,termined _hy_the countx �gintrcx, after cansultati.on 6e irc tar afplan_G Sat gfaeteF)
in 00FIjURetiOR Will! !he
fni in oases L o ki a Ifrafte onsultation with the director -eq&j = finds that there is
not enough detail on the approved application plan to assure e0RsisteRe5 th8 ;,t1t :.ptgnosed ceding and
other measures ar eonsistcal —with the anprcatio_n plan, a
gradif lljwl.be issued until the final site plan is approved, or the final subdivision plat is
tentatively approved.
ed. Within each neighborhood model district, the department of planning and community development shall
review each building permit application or modification to determine whether the proposed structure
conforms with the architectural and landscape standards in the approved code of development.
(§ 8.5.6.4, 12- 10 -80; 9 -9 -92; § 8.5.5.4, Ord. 03-18(2),3-19-03)
Sec. 8.5.5.5
Siitr p�an�and ..su�divisi�a_..;pjats�v�itiain a planned �evslop_rnettt�istriel_fQr ►�!hicl�an�a plication_nlan �a�n4t
19 ATTACHMENT B
Draft: 03/17/09
a. No valid site plan or subdivision plat at time district established If a planned development zetri+�g
district was established witheut befo r an approved application plan as was required by section 8 to-b-c
approved as hart of the zoning map amendment and there was no valid site plan or subdivision plat
pertaining to the entirety of the planned development district, then neither a site plan nor a subdivision
plat shall be approved for any lands within the district unless and until an application plan and all other
documents required by section 8.5 are submitted by the owner and are approved as provided therein.
b. Valid site plan or subdivision plat at time district established
established in ee*�uaefien with an appFeVed Sit If planned development district was established
before an application plan was required by section 8 to be approved as part of the zoning map
amendment but there was a valid site plan or subdivision plat pertaining to the entirety of the planned
development district at the time the zoning man amendment was a roved, the approved site plan or
subdivision plat shall be deemed to be the application plan, and the distr-ie4 shall be deemed te
eemplied with the r-equir-ements of seetien 8. In sueh a ease, if the site plan OF subdivision plat has
expired, a new site plan er- subdivisien plat Faust be approved pFier- te any develepment a
or subdivision plat shall be reviewed as provided in section 8.5.5.2. (Amended 7- 16 -86)
(§ 8.5.6.5, 12- 10 -80; 9 -9 -92; § 8.5.5.5, Ord. 03- 18(2), 3- 19 -03)
Sec. 8.6 Amendments to planned development districts
I IF
114,11 1 VMiR, 1=71 WARM M,
fill
•� • �' •11.1 ".! 1- 1 • • • • 1• 1 -1 • (. W • 1"
less areaAhan the entire district, the gl2pligaUL"I submit a map showing the entire existinglAannI
development district and identifying any area to be added to or deleted from the district, o
the area to which the amended application 121an, code of development, proffers or any waivcr or
modification would • •
•• • 1._ . ! 1 . !_•• �- - •111." • 1 - • •
20 ATTACHMENT B
.....
. ......................
.. . ..........
ON
I IF
114,11 1 VMiR, 1=71 WARM M,
fill
•� • �' •11.1 ".! 1- 1 • • • • 1• 1 -1 • (. W • 1"
less areaAhan the entire district, the gl2pligaUL"I submit a map showing the entire existinglAannI
development district and identifying any area to be added to or deleted from the district, o
the area to which the amended application 121an, code of development, proffers or any waivcr or
modification would • •
•• • 1._ . ! 1 . !_•• �- - •111." • 1 - • •
20 ATTACHMENT B
Draft: 03/17/09
btAs-mquircd by Virginia Co&,§ 15.2- 2204(B t rag�ph lTr ga�less of the numbezvF
Pau=15 affectcl
d. Fa au- tQg=ideLdiwmgreview 4ffo ,vsed_em enL-In.additioato -my other_applgable_
factors ng shall also be
tmidetc�L
1— = Whether the prQnosed amendment_ mdu=,_maintains_Dr_enhances the _elements of a plannesl
dynment_seL orth in section 8.3.
2 —_Zhs extent to w hiclt thcjxa -cd amendtnratim s.mithitt the plarttied
development district.
Article Iii. District Regulations
Sec. 20A.3 Application requirements; required documents and information
SS ere tle_Qptig,n is exercised_ argy�dedirisubsce _ti],Lt�1.1�7te following documents and
information shall be submitted in addition to any other documents required to be submitted under section 8.5 of
this chapter:
a. A statement describing how the proposed NMD satisfies the intent of the zoning ordinance and is
consistent with the applicable goals and objectives of the comprehensive plan, the land use plan, the
master plan for the applicable development area, and the Neighborhood Model: if one or more
characteristics of the Neighborhood Model delineated in section 20A.1 are missing from an application,
the applicant shall justi6, why all of the characteristics cannot or should not be provided;
b. A parking and loading needs study that demonstrates parking needs and requirements and includes
strategies for dealing with these needs and requirements, including phasing plans, parking alternatives
as provided in section 4.12.8 of this chapter, and transportation demand management strategies as
provided in section 4.I2.12 of this chapter; provid-c&-thaUka ligant may subm il= Ih-C- and
Imi_ing_g€ad yAiunction ►with the._prelimi acv sit�pla� 4r the developm nt if it demonstrates
to the satisfaction of the zoning administrator that the =s_that-ma building. t
sufficiently.,. Qw-n auhc- Umc -uLthe zopi mat} amendment,
Strategies for establishing shared stormwater management facilities, off -site stormwater management
facilities, and the proposed phasing of the establishment of stormwater management facilities.
d " general deyelepme ' At- plicatio plan, as provided in section 20A.4, including all information
required by sections 8 or 20A to support any element of the plan.
e. A code of development, as provided in section 20A.5, including all information required by sections 8
or 20A to support any element of the code.
(Ord. 03- 18(2), 3- 19 -03)
See. 20A.4 Applicatipm plans
A general de%,elapment plan shall seF%,e as !be applieetion plan FequiFed by seetion 8.5. 1 (d) of this ehapten In
addition to the application plan requirements of section 8.5.1(de ), the following are required elements of the
a �plisationTlan k the_NMD
21 ATTACHMENT B
Draft: 03/17/09
a._= Thy gee rWgca on_otprapszsed tt SS, -alle jdewAs,and °e estrian paths;
b,_ The location of propospd.grecn -5paces. amenities, conservation areas_or pnr serradon. areas 'd-ed
in section 20A9: — - - --
C. A eonceyaLlol.lay -QUt
d. nceptual_ggraditoppgraphy uAWg- a county_g�ggra hit informatiQtl_sYSte�keQponhic
information s=Lcmen1ed "hernecuazy_by__-sptsleyations and areas of3he_site where exiging.slops
are twenty -five (2) nerccnt or greater;
1 � l— [■ 1 MT 11-31M ■ 1 [■ �.� 1 1 I ! ILK !e- - 1 Ili .'
�jnknronos_ed _c_o_ntt ctivns to existi� sand otopowd.s.uy as well as proposed thoroughfares slI�?•► n on
the comnrchens.iY €.plats; _- _
g..._She e$ neral Iay -am - for-the water and se�st_ems, Boas tual toriuNN ater management
concentuaLmitigation. planand
h cocationoi,oentral:�eatta��or major e1Cn��nla �� ithin the- d€vcEonm_ent essential to the deli n of the
development. such as- building enveio_ e& ma or viii1)1o3 ment. areas. narkiu g.arcas.andattuMi m -., c:wic
are I[,s - open -sparm. paces- amellititti .incf lesrr�ttinrs arm
(Ord. 03-18(2), 3- 19 -03)
Sec. 20A.5 Codes of development
A code of development shall establish the unifying design guidelines, the specific regulations for the district,
and the use characteristics of each block; provide for certainty in the location of and appearance of central
features, and the permitted uses in the district; and provide a flexible range of a mix of uses and densities. AA
wbga a iye or ,procedural requirement of this cha_ ply to an NMD unless,,thc s- ub�ect matter is
cxpressl in lhe -cD-&_ of dey elopment. Each wde-QUcydopment shall
wherwise To satisfy these requirements, each code of development shall
establish:
a. The uses permitted in the district by right and by special use permit, as provided in section 20A.6.
b. The amount of developed square footage proposed, delineated for the entire N M D and by block by use-,
and amenity, sure•° and lei eeveFage. The developed square footage may be expressed as a proposed
22 ATTACHMENT B
Draft: 03/17/09
range of square footage.
The maximum . and the maximum number o
Fesidemial units for- individual rvsidellt�_;J I-and use eategeFies and mixed use emeger-iest
number of
residentia _dW_C il' n its by typc, arld.delineating at least two (2) housing types, as
provided in section 20A.8.
d. The amount of land area and percentUc_Q[gmss acreagc devoted to green space and amenities. as
provided in section 20A.9.
e. All requirements and restrictions associated with each use delineated in paragraph (a).
f. All uses expressly prohibited in the district, so that they may not be considered to be uses accessory to a
permitted use.
g. Architectural and Wdseape standards that will apply in the NMD, which shall address the following:
i. The form, massing, and proportions of structures whK ron �ydedJh p
i llttstrati�ns;
2. AFShiteOPdFal WOW
1. Roof fbFm and Piteh;
62. Faeade treatments, '
W. Landseepe treaIments, and
53.. The preservation of historic structures, sites, and archeological sites identified by the Virginia
Department of Historic Resources. ;-and
4- Architcoural _ nd textures -j fsvese e I c nu n is are determ ined_
Ldcv elo mS;nt_tv_be con ipati1)1 ex ith its Qont' gm ou s dm&lo,
Ib 371 Yi5i tl �n� s�de_of develonmertt d xioL _festive date_of ordinanceLpertaining to
subs=tiuns_2_QA.5 ]LI.] through (4) shall be the_only sichiteetural ��andards izi the code of devtW
thatapply to the planned development.
PFelimmaFy let lay e
�,an scope treatmerj S ' at re stited by sectiotl
32 is r - osed. -
i. For each block:
The range e €uses permitted on the block by right and by special use permit;
32. Build -to lines or>an , which are the required distance from the right -of -way to a structure,
41 Minimum and maximum lot ate -yaFd dimensions;
23 ATTACHMENT B
Draft: 03/17/09
-54. Minimum number of stories.and Mmaximum building licights,
65. LQcau
�2WSsidewalks and pedestrian paths leeaiieiis;
Ac me deltoietfiQand characteristics of Ggreen space, and amenities d_recreational areas
and_.faciliti G;
87. LootLm ,,
creaRc and
baracteristics_ofGconservation areas and preservation areas as defined
in-I;qft 3A, if applicable;
98. LQcaiiQn-of Pparl:ing areas;
}g9_ . tMUiQ ace racte�ist �s °f Cgivic spaces, which are public areas for community or
civic activities (e.g., libraries and their associated yards, schools and places of worship);
(Ord. 03-18(2),3-19-03)
Sec. 20A.6 Permitted uses
The following uses shall be permitted in an NMD, subject to the regulations in this section and section 8, the
approved geReFal developmen $ plan and code of development, and the accepted proffers:
a. By right uses. The following uses are permitted by right i_f_iht' usc�_�Y identified as a_b
use in the -code..ofdeveionmetttor if3he_use�s- unuttq-Cby+a determinatim -mo 'n tmtor
PiLuuant to sectiva$� :
I . Each use allowed by right or by special use permit in any other zoning district, except for those
uses allowed only by special use permit delineated in subsections {b) mIJhU; provided
that the use is identified in the approved code of development.
2. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection Iines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Awliority. Except as otherwise expressly provided, central water supplies and central sewerage
systems in conformity with Chapter 16 of the Code of Albemarle and all other applicable law,
3. Accessory uses and buildings including storage buildings.
4. Home occupation, Class A, where the district includes residential uses.
5. Temporary construction uses.
6. Public uses and buildings including temporary or mobile facilities such as schools, offices.
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies,
public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations
and the like, owned and/or operated by the Rivanna Water and Sever Authority.
7. Tourist lodgings, where the district includes residential uses.
8. Homes for developmentally disabled persons, where the district includes residential uses.
9. Tier I and Tier I personal wireless service facilities (reference 5.1.40). (Added 10- 13-04)
24 ATTACHMENT B
Draft: 03/17/09
b. By special use permit. The following uses are permitted by special use permit iflh- ttse is expressly
identi[ied �,5_ttse permitted by_s_[��i�Lume oenidt in the cflde of dexelonent:
1. Each_us"JLQKed by ri t or by sp �iaLuse permit in any. other zonina district.
+2. Drive - through windows serving or associated with permitted uses.
-21 Outdoor storage, display and/or sales serving or associated with a by right permitted use, if any
portion of the use would be visible from a travelway.
(Ord. 03- I8(2), 3- 19 -03; Ord 04- 18(2), 10- 13 -04)
Sec. 20A.7 Residential density
Residential density within each NMD shall be as follows:
a. The gross residential density should be within the applicable recommended gross density range
established in the land use element of the comprehensive plan. In its deliberations regarding the
appropriate residential density for the district, the board of supervisors shall take into account the
amount of land devoted to non - residential uses,
b. The gross residential density shall be measured in dwelling Lill its per acre and calculated by'
dividiR9 he Mposed nUmber of dweflinQUnjs�in the proposed district by the,gross acreage of the
district-T
(Ord. 03- 18(2), 3 -19 -03)
Sec. 20A.9 Green spaces, amenities, conservation areas and preservation areas
Each NMD shall include the following:
Green space. The minimum area devoted to green space is as follows:
For areas shown in the land use element of the comprehensive plan as neighborhood density
residential, urban density residential, transitional, neighborhood service, community service, or
office service, the area devoted to green space shall be at least twenty percent (20 %) of the
gross acreage of the site area; grstposed to be rezoned.
2. For areas shown in the land use element of the comprehensive plan as regional service, off ice
regional or industrial service, the area devoted to green space shall be at least fifteen percent
(15 %) of the gross acreage of the site ate proposed to__be
3. For areas having a land use designation not addressed in par-agFaphs subsections (a)(1) and
(a)(2), the recommendations of the applicable provisions of the comprehensive plan shall be
guidance on the minimum area devoted to green space.
4. The minimum area devoted to green space may be reduced by the board of supervisors at the
request of the applicant. In acting on a request, the board shall consider these factors: the
relationship of the site to adjoining or nearby properties containing public green space such as
parks or natural areas; the known future uses of the ef41e adjoining properties; and whether a
reduction would better achieve the neighborhood model goals of the comprehensive plan.
25 ATTACHMENT B
Draft: 03/I7/09
b. Amenities. The minimum area devoted to amenities is as follows:
For areas shown in the land use element of the comprehensive plan as neighborhood density
residential, urban density residential, neighborhood service, and community service, the area
devoted to amenities shall be at least twenty percent (20 %) of the gross acreage of the site area
For areas shown in the land use element of the comprehensive plan as regional service, off-ice
service, office regional service or industrial service, the area devoted to amenities shall be at
least ten percent (14° /Q) of the gross acreage of the site a kased to be rezoned.
3. For areas having a land use designation not addressed in paragraphs subsections (b)(I) and
(b)(2), the recommendations of the applicable provisions of the comprehensive plan shall be
guidance on the minimum area devoted to amenities.
4. The minimum area devoted to amenities may be reduced by the board of supervisors at the
request of the applicant. In acting on a request, the board shall consider these factors: the
relationship of the site to adjoining or nearby properties containing amenities; the proportion of
residential uses to nonresidential uses proposed; the known future uses of the of the adjoining
properties; and whether a reduction would better achieve the neighborhood model goals of the
comprehensive plan.
C. additional requirements for amenities. Amenities shall also be subject to the following:
At least ninety percent (9U° /a) of the residential units in the NMD shall be within a one - quarter
mile walk of an amenity.
The size, location, shape, slope and condition of the land shall be suitable for the proposed
amenity.
3. The amenity shall be suitable for the specific population to be served.
4. The design of any recreational facilities shall meet the minimum design requirements from
recognized sources of engineering and recreational standards.
5. In nonresidential areas of the development, amenities shall be located so that they are easily
accessible to patrons and employees of the development.
d. Green space within parks and recreational amenities. Any portion of an amenity that is covered in
grass or other vegetation may be counted as both green space and an amenity.
C. Preservalion areas within green space. Preservation areas that preserve environmental features shalt be
included as green space area.
f. Conservation areas within green space. Conservation areas that maintain environmental features shall
be included as green space area.
(Ord. 03- 18(2), 3- 19 -03)
Sec. 20A.10 Streets
Each street within an NMD shall meet the street standards for a traditional neighborhood development
established by the department of A 19tiblie WOF145 QQm Lop qn t.
26 ATTACHMENT B
Draft: 03/17/09
(Ord. 03- 18 (2), 3- 19 -03)
1, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded
below, at a regular meeting held on
Aye Nay
Mr_ Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Clerk, Board of County Supervisors
27 ATTACHMENT B
Proposed Changes to Planned Development Section of Zoning Ordinance and
Neighborhood Model Section of Zoning Ordinance
March 24, 2009
Section #
Existing Text
Proposed Text
Impact/Reason for
Change
Section 3.1 Definitions
Application plan: The graphic depiction of a
Application plan: The graphic depiction of a proposed
Cleanup
proposed development containing the information
development containing the information required by
required by section 8.5.1(d)
section 8.5.1(d)and. within the neighborhood model
district. section 20A.4. A plan designated and approved
as a general development plan for a neighborhood
model district between March 19, 2003 and [insert
effective date] is an application plan for the purposes of
this chapter.
Block. An area shown on an application plan or a
Block. An area shown on an application plan that is
Deletes term "general
general development plan that is typically
typically surrounded by streets and within which land
development plan ".
surrounded by streets and within which land use
use activities occur. Although blocks usually imply a
(see below)
activities occur. Although blocks usually imply a
grid street system, where steep topography exists blocks
grid street system, where steep topography exists
may exist in non - rectilinear shapes
blocks may exist in non- rectilinear shapes
General development plan: An application plan
Definition deleted.
General Development
for a proposed development within the
Plan is now just,
neighborhood model district, containing the
"application plan" to
information required by sections 8.5.1(d) and
eliminate confusion.
20A.4.
Section 8.2
8.2 Relation of planned development
Sec. 8.2 Applicable regulations; waivers and
Changes section title
modifications
regulations to other zoning regulations
for easier reference,
The regulations in section 8 shall apply to the
establishment and regulation of all planned
development districts. An applicant may request
Planned developments shall be subiect to the following
clarifies which sections
available for
waivers and
regulations in this chapter=
that any requirement of sections 4, 5 and 32, or
the planned development district regulations be
waived or modified if it is found to be inconsistent
with planned development design principles and
that the waiver or modification is consistent with
the intent and purposes of the planned
development district under the particular
circumstances. If the applicant requests such a
waiver or modification as part of the application
plan, the applicant shall
Unless exp
a. Sections applicable. ressly
superseded by a regulation of the applicable planned
modifications,
organizes section, and
makes clear that
waivers must be
expressly granted by
the Board.
development district . the regulations of this chapter
other than those pertaining to conventional development
districts stated in sections 10 through 18, 20B, 22.23.
24.27 and 28, shall apply to each planned development
district unless the subject matter is expressly addressed
in the code of development under section 20A.5. or the
regulation is waived or modified as provided in
28 ATTACHMENT C
29 ATTACHMENT C
submit its request in writing as part of the
application, and shall demonstrate that the waiver
or modification would not adversely affect the
public health, safety or general welfare and, in the
case of a requested modification, that the public
purposes of the original regulation would be
satisfied to at least an equivalent degree by the
modification. Notwithstanding any regulation in
sections 4, 5, or 32 establishing a procedure for
considering a waiver or modification, any request
for such a waiver or modification shall be
reviewed and considered as part of the application
plan. Nothing in this section prohibits an owner
subsection (bl.
b. Waivers and modi ications. An applicant may
request that any requirement of sections 4, 5.2126 and
32, or the planned development district
regulations be waived or modified if it is found t�l_.1e
board--of-supervisors finds the regulation to be
inconsistent with planned development design principles
and that the waiver or modification is consistent with the
intent and purposes of the planned development district
under the particular circumstances.
Submittal ofreguest for waiver or
modifcation. If the applicant requests such a waiver or
within a planned development from requesting a
modification as part of the application plan, the
waiver
applicant shall submit its request in writing as part of the
or modification of any requirement of sections 4,
application flan, and shall demonstrate that the waiver
5 and 32 at any time, under the procedures and
or modification would not adversely affect the public
requirements established therefore. In addition to
health, safety or general welfare and, in the case of a
making the findings required for the granting of a
requested modification, that the public purposes of the
waiver or modification in sections 4, 5 and 32,
original regulation would be satisfied to at least an
such a waiver or modification may be granted
equivalent degree by the modification.
only if it is also found to be consistent with the
2. Timing ofreauest. Notwithstanding any
intent and purposes of the planned development
regulation in sections 4, 5, 21_2-6 or 32 establishing a
district under the particular circumstances, and
Procedure for considering a waiver or modification, any
satisfies all other applicable requirements of
request for such a waiver or modification shall be
section 8.
reviewed and considered as part of the application plan
provided that an owner within a planned development
may request a waiver or modification of any
requirement of sections 4, 5, 21, 26 or 32 at any time,
under the procedures and requirements established
therefore.
3. Findings. In addition to making the
findings required for the granting of a waiver or
modification in sections 4, 5.21.26 or 32, such a waiver
or modification may be granted only if it is also found to
be consistent with the intent and purposes of the planned
development district under the particular circumstances,
and satisfies all other applicable requirements of section
8.
4. Express waiver or modification. Each
waiver n modification must be expressly rante
29 ATTACHMENT C
30 ATTACHMENT C
no waiver or mod i f ication shall be deemed to have been
granted by implication.
Section 8.3 PD defined
8.3 PLANNED DEVELOPMENT DEFINED
A planned development is a development that meets all
Acknowledges that PDs
A planned development is a development that
of the following criteria at the time it is established or
can be amended. uses
meets all of the following criteria: (1) the land is
gmgnded: (1) the area proposed to be rezoned or the
word, "conforms" to
under unified control and will be planned and
area - within the planned development district is under
make distinctions
developed as a whole; (2) the development is in
unified control and will be planned and developed as a
between conventional
general accord with one or more approved
whole; (2) the development conforms with one or more
districts and planned
application plans; and (3) in all planned
approved application plans; and (3) in all planned
districts.
development districts other than a planned historic
development districts other than a planned historic
district, the development will provide, operate and
district, the development will provide, operate and
maintain common areas, facilities and
maintain common areas, facilities and improvements
improvements for some oral I occupants of the
for some or all occupants of the development where
development where
these features are appropriate.
these features are appropriate.
8.5.1 Application and
Each application for a planned development
Each application for a planned development district
Cleanup
documents to be
district shall be submitted as provided for other
shall be submitted as provided for other zoning map
submitted
zoning map amendments. The documents
amendments. The documents required by subsections
required by subsections (a) through (e) below
(a) through (e) below shall be submitted with the
shall be submitted with the application. After the
application. After the application is submitted, director
application is submitted, the director of planning
pfpjanaing may request additional plans, maps, studies
and community development may request
and reports such as, but not limited to, traffic impact
additional plans, maps, studies and reports such
analyses, identification of specimen trees, and reports
as, but not limited to, traffic impact analyses,
identifying potential non -tidal wetlands which are
identification of specimen trees, and reports
deemed reasonably necessary to analyze the application:
identifying potential non -tidal wetlands which
are deemed reasonably necessary to analyze the
application:
b. An accurate boundary survey of the tract or
b. An accurate boundary survey of the tract or area to
Cleanup
plan limit showing the location and type of
be_,re.zot ed showing the location and type of
boundary evidence;
boundary evidence And the sourcc of the survey;
30 ATTACHMENT C
31 ATTACHMENT C
c. A map showing:
c. A map aI.a scale of not less than one (l) inch equal
Clarification/cleanup
tQ_onc hundred_(1.00) felt, provided that another
and
interval al d /or.scalc may be required or permitted
consistency with other
by the director of pIannirig where the size of the
required documents
area proposed to tx rezoned or topographic
considerations warrant showing:
c.2. Existing topography accurately shown with a
_
2. Existing topography accurately shown using the
Cleanup
maximum of five (5) foot contour intervals at
wup +'s geographic infonnation system or better
a scale of not less than one (1) inch equal to
t graphical information, and the source of the
one hundred (100) feet; other interval and/or
topographical information;
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 development; the names
Clarification and
of all oNN ncrs; the name ol'the developer, it dilli: rent
consistency with other
from the owner; the name cif the pcnon who prepared
required documents.
ft_plam-41 _tax n,ap and parcel numbers in !i„rrtcen
l)d.igit format; the zon ing d istrict and all over Iay
t�M _districts, the magisterial district; tktc north point;
the scalgL-Prtc dictum reference for ,elc%ation; if any part
of.the area oropcase±� to be rezoned_ is �+ ithin the flood
haxardLmcr .district (section 30.3), United States
Geological Survey vertical datum shall be shown and/or
correlated tvplan topography; sheet numbers on each
sheet and. the.totaI n urn her of shcelti; the date oft lie
*avirtg;and the date and description of the last
4. The existing owners and zoning district; and
4. The present use of Macent parcels; the location of
Clarification and
S. The present use of adjoining tracts and the
structures on adjacent parcels, if any; and departing lot
cleanup
location of structures on adjoining parcels, if
Upq&and
any; and
d, A traffic impact statement meeting the
from Section d.6.:
Cleanup to conform
Trip generation figures;
rcquirements of state law including, but riot limited to,
with state requirements
24 VAC 30- 155 -10er seq.;
e. An application plan at a scale of'not less than
d. An application plan based on a minimum of
Clarification and
two (2) data references for elevations to be
one (1) inch equal to one htmdred (100) fret, provided
consistency with other
used on plans and. profiles showing:
that another interval and /or swalc may be required sir
required documents.
permitted h� tlic director ofplannijig where (lie ,izc of
the area pry po-,cd to be rezoned _or topographic
31 ATTACHMENT C
32 AYFACHMENT C
considprfttions warrant, showing,
d.2. The proposed grading/topography with a
2. Conceptual grading/topography using the
Clarification and
maximum of five (5) foot contour intervals;
9914M ±'s gcographic information system or better
consistency with other
topographical inii�rnriti,�n, and the source c�1 tite
required documents.
-topographical inform; it ion, supplemented ++ I,crc
necessary b y spot elevations and areas o f t ht ,itc + +here
existing slopes are t►+cnty -live (2 5) percent or greater:
9. A.conceptual lot fay- 0111:.111!
d.10. The general lot lay -out; and
Clarification
Standards for development including proposed
10. Standards of development including proposed
yards, building heights, open space characteristics,
yards, building heights, open space characteristics, and
and any Iandscape or architectural characteristics
any landscape or architectural characteristics related to
related to scale, proportions, and massing at the
scale, proportions, and massing at the edge of the
edge of the district.
district.
8.5.2 Preapplication
Each applicant for a planned development shall
Each applicant for a planned development shall attend a
Cleanup
Conferences
attend a joint meeting with the planning,
joint meeting with the staff ol` the department of
engineering, and zoning staff as well as other
community development as well as other qualified
qualified officials from outside agencies such as
officials from outside agencies such as the Virginia
the Virginia Department of Health, the Virginia
Department of Health. the Virginia Department of
Department of Transportation, and the Albemarle
Transportation, and the Albemarle County Service
County Service Authority to review the
Authority to review the application plan and the
application plan and the proposed development
proposed development before the application is
before the application is submitted.
submitted.
8.5.3 Review and
Each application for a planned development shall
Each application to establi.shh ox-mcnd a planned
Clarification
Recommendation by the
be reviewed by the planning commission as
development dlM'rt shall be reviewed and acted an by
Planning Commission
follows:
the planning commission as follows:
Lln- addition to any other factors relevant to the
b. In making its recommendation on the
Cleanup
application to the board of supervisors, the
cansidctation -of a zoning map amendment, the
commission shall make findings about the
gommission shall consider the following:
following:
1. Whether the.proposcd planned development or
Clarification
amendment thereto satisfies the purpose and intent (.)f'
the planned development district.
2.. Whether the area proposed to be rezoned is
1.The suitability of the tract for the proposed
Cleanup
planned development in terms of its relation to all
appropriate for a planned dcvOoptnent under the
applicable provisions of the comprehensive plan.
coMprehensive plan: the physical charaetci isric'. of the
physical characteristics of the land and it's
area proposed it) be rezoned; and . the relation of the area
32 AYFACHMENT C
33 ATTACHMENT C
relation to the surrounding area;
proposed to be rezoned to the surrounding area; and
3.Each requested waiver or modification,
deleted
Moved to the section
including whether the requirements of section 8.2
on waivers.
are satisfied.
c. Depending on the findings it makes, the
c. The commission shall either recommend approval of
commission shall either recommend approval of
the application, including all requested waivers or
the application, as proposed, approval of the
modifications_ as proposed, approval of the application
application with changes to be made prior to
with changes to be made prior to action on the
action on the application by the board of
application by the board of supervisors, or disapproval.
supervisors, or disapproval.
Sec. 8.5.4 Review and
Sec. 8.5.4 Review and action by the board of
Sec. 8.5.4 Review and action by the board of
Cleanup
action by the board of
supervisors
supervisors; effect of approval
supervisors
Each application to establish or amend a planned
development district shall be reviewed and acted on by
the board of supervisors and approval of the application
shall have effect, t as follows:
The board of supervisors shall consider and act on
a. Review and action. The board of supervisors
Clarification
each application for a planned development
shall consider and act on each application for a planned
district as it does for other zoning map
development district as it does for other zoning map
amendments. If the board approves the
amendments. If the board approves the application, the
application, the approving action shall constitute
approving action shall constitute approval of the
approval of the application plan, and all standards
application plan, all standards of development submitted
for development submitted by the applicant. The
by the applicant, and the code of development. as
board's action shall also identify which proffers it
applical . The board's action shall also identify which
has accepted and which waivers or modifications
proffers it has accepted and which waivers or
it has granted.
modifications it has granted.
Once an application is approved the application
b. Effect of approval. U- pon approval of an
Cleanup and
application, the application plan, all standards of
plan, all submitted standards of development and
clarification
all accepted proffers shall be included as part of
development submitted by the applicant the code of
the zoning regulations applicable to the planned
development, as applicable, all accepted proffers= and all
development.
approved waivers and modifications shall be included as
part of the zoning regulations applicable to the planned
development.
8.5.5.2 Review of site
Each preliminary and final site plan or subdivision
Each preliminary and final site plan and subdivision plat
As requested by the
for a planned development shall be reviewed for
plans and Subdivisions
plat for a planned development shall be reviewed
Planning Commission,
compliance with the applicable regulations, as follows:
for compliance with the applicable regulations: (1)
this section sets
in effect at the time the lands were zoned to a
thresholds for
fanned development district; or, (2) at the option
a. Planned development districts established on or
conformity with current
33 ATTACHMENT C
of the applicant, currently in effect. In addition,
each preliminary and final site plan or subdivision
plat for a planned development shall be reviewed
for compliance with the following:
a. The approved application plan, the
approved standards for development, the
accepted proffers, and the authorized
waivers or modifications and any
conditions imposed therewith, if any;
b. The permitted uses within the planned
development zoning district, including all
proffers, as determined by the zoning
administrator after consultation with the
director of planning and community
development; in making this
determination, the zoning administrator
shall be guided by section 22.2.1 of this
chapter;
c. In addition to the foregoing, conformity
with the application plan and the
standards of development. Within each
neighborhood model zoning district, the
general development plan and the code of
development, as detennined by the
director of planning and community
development after consultation with the
zoning administrator.
k re December !U, 1980. Each preliminary and final
site plan and subdivision plat within it planned
development district. established on or before December
1% -1984 -shall be reviewed for compliance wish the
a api
We regulations in of ect when the site plan or
subdivision pl_at_is.under county review; provided that,
alt the option at the devclvpsr or subdivider, each
Ricliminary and final site plan and subdivision plat may
be rev'ick%cd tier compliance ► %Ith the applicable
ogulathsir, v%Iicn the planned dcvclopmcni \\ I'll,
aptoved iftliv developer or subdivider cstl-ihlishcti a
xesiW_right_asprovided in Virginia Code § 15? -2297 or
§�15Q develop under the previously approved
panned dexelopwrit district,
b,__ 1'lc ►►+ur�l cl�'1'c lvj�r ►re►rr clisrrrc rs rsrrrlrli.�lrr r! r. ►Jr� r
December 1r1. 1980, Each preliminary and iin.ri tiitc
pli nand suMvision plat %viIItiit a 1) humcd dcvclopn]cnt
districtestabhcd aticr IUcccinber 10, 1980 shall be
rcaciewed for compliance with the applicable regulations
infect when the planned development district vvas
estabbshod air, at the option ol'the developer or
sttbsiivjd-crjn.&cct when the site plan or subdivision
plat is ttudU_cQUnty revic%k; subject to the following:
1. E[eCnon to c'r ►nyi ;- is ah regill(I iOW i►r c fOc Cf
► hen. distr_ia- estabibilic,l• (,v qj0o?i jor certain currepa
5 1,5.pf regulr ► lion wit, .v.� , i .,►s'[l rigfrrS C5r[1hii,+lrc'z1.
Me the developer or ski lid Iv idci elects to have its ;itc plan
or sulidiv ision plat rcv icvvcd Ior compliance vvitIt the
app IIca1)te regulations in effect vv hen the planned
cicvcIolli em_Ciistrict ►vas established, ;all ot-1hc
"ovv Ings_ubjccls of ref;ulation in e 111 when the site
RI—M or subdivision •s under county review shall
apTly._unless_v_ested rights are cstablished under
YAM niaCQ:de:. §_§ 15.2 -2297, 15,2 -22198, 15.2- 23,03 or
15.2- 23Q7,..(i) entrance corridor overlay district (section
IM ;iii) flood hazard overlay district (section 30.3);
ail _lan.dscaping and. screening (section 32.7-9), ; (iv)
outdoor lighting (scction_4_.17)z(v) parking (section
zoning regulations,
where properties were
rezoned before the
current regulations
went into place. None
of the proposed
changes affects rights
established under
vesting provisions of
the State Code.
It further clarifies the
roles of the Zoning
Administrator,
Planning Director, and
County Engineer in
determinations of
conformity for PDs.
34 ATTACHMENT C
4_12);_and (vi) signs (section 4.15). if rights are
determined to have ►•csted, the rcgulUtieuts for these six
subjects in effect ►► hen rights vested shall apply. for
the purposes of this section 8.5.5.2(b), an application
plan approved on and after March 19, 2003 that
complies with the requirements of an application plan
under section 8.5.1(c) Qr section 20A.4, or a prior
►ersi in effect on and after March, 19, 2003
is a significant governmental act within the mcaningof
Virginia Code § 15? -?307.
2. l:let'limi to cimij)ly %Oth regulotions in effect
;Olen clisrricr to ['r. ►►rrl}l}, "'irh
ce1[[rllr_cra►c•nl subjects rJ'regulu► ion, II ttic dc►cloper
or subdivider elects to have its site plan oar subdI►1sion
plat rc► iewed for compliance ►► ith the app licablc
regulations in cflict when the planned development
distriq was o1aUshcd, the.dcYe toper. or subdivider
may also elect to comply with one or more of tltc
subjects of regulation listed in subsection 8.5.5,2(b)(1)
instead of with the corr_qpponding regulations in ellect
when the ]F aWcdstevel Wcnt district was established.
c._ _ _ Yie tio' f0l Cptj ?p1hm(-e wi(l c u► f ,ra►ru►rt'c'. A
- Wan_or.subdivigan plat shall be reviewed to
determine whether it complies with the applicable
regulations and other reeluirLments of law, and ►►hethcr
it conforms to the application plan, as fallo► ►s:
1. zeming iOmil►i.slr. ellor. _ _The zoning administrator
§all dcterm inc w bother a mie plan or subdivision plat
r,oniptics ► ►ith the applicable regulations. In addition,
he io iiIng ad n7inistrator, afler consultation with the
dilutor of planning, shall determine whether the
pMpgsed permitted uses comply ►with the applicable
mgulalions and, in doing so, may permit as a usc:.by
right a commercial use that is not expressly classified in
this.chaptcr if the /oning ,idnninistrator I'urthcr
determincithat t I i c u se- is similar in general character to
a commercial use permitted by right in a convcutt'anal
cone rnere ial zoninL, district and is similar in terms. of
35
ATTACHMENT C
jo.cational requirements, operational characteristics,
visual impacts and traffic gencration.
2_ Director cfplu+uaing, The dircioor of planning
shall eicterminc whether a site phut or subdivision plat
conforms to the application plan, In determining
confomtiity, the dircctot-5j>aII decILie whether the cenIral
features or major elements %% ithin the Mc](,l,ment arc
in the same location as sho%%n on the api,Iication plan
aW if the buildings, parking, strcci,, hloL :k,, paths and
other design elements arc oI' the same general character,
scope and__5gale as sho•c n on ilie application plan.
3.- - County engineer. The county engineer shall
determine wlicther an erosion and wdiment control
1j,, _grading plan, stormwatcr rnan,igC111Cnt plan, road
or- tr'ee:t plan, and mitigation plan conform with the
conce� grading, stortttwatcr �xtanagcment, stt'eets, and
mitigation shown on the application plan.
d. Apl,4icoble regulations elefirrcel. For the
gurposes_of this section 8.5.7.2, the term "applicable
regulat Cmeans, as appropriate and applicable:, all
zortiMpegu lat ions, all subdivision regulations, the
appli" ion plan (except for those elements authorizcd
to be shown at a conceptual or general lcvc1), including
those plans formerly referred to as general development
plans, conditions of'approj al, accepted proffers, the
Cg&,gUdcvelopment, special use pcajLLt&.�variances,
and waiyc s, modifications and variations,
Applicable regulations tiefincil. For the purposes-of this
section, [lie term "applicable regulations" tttCans, as
appropriate, all zoning regulatiolts, tllc application plan
(RM,-cpL for those CICJDsnts riut1106Zed to be shown at a
,con"ptual or general level), including those plans
formerly rclerrcd to as general development plans,
,uneiitions of approval, accepted proffers, the COLIC of
Oc�r±elopment, special use permits, variances, and
waivers modifications and varlatiOlis.
36
: T'rACHMENT C
37 ATTACHMENT C
�A plic eibih(j., oJOmp er /7. 1 :ach preliminary
.and final site plan and subdivision plat within a planned
development district shall be reviewed for compliance
with chapter 17 of the Albemarle County Code in effect
when the ,ire plan or subdI% ision flat is under county
reY.lew. regardless of A lien the planned development
was e a s e _w whether the developer or subdivider
ckos, or establishes vested rights, under sections
$.5.5.2(-a) and tb7 to proceed with review under the
applicable regulations in effect when the planned
dgY5�10ptturtt waS approved.
Phis not ims heel. Nothing in this
secti Aall_be construed as authorizing the
impgiM nt9f a_vested right that may be established
tt ll rgijaL Qo4c §y 15.2-2261(C), 15.2 -2297, 15.2 -
2M,15.2~2303 or 15,2- 2307.
8.5.5.3. Variations from
The director of planning and community
The director of :plan.ning is authorized to grant a
Cleanup
approved plans, codes,
development may allow a site plan or subdivision
variation from the following provisions of an approved
and standards of
plat for a planned development to vary from an
plan, code or standard:
developments
approved application plan, standard of
development and. also, in the case of a
I. Minor chaW
-5 to yard requirements, build -to
neighborhood model district, a general
lines or ranges, maximum structure heights and
development plan or code of development, as
minimum lot sixes;
provided herein:
I . Minor variations to yard requirements,
maximum structure heights and minimum lot
sizes;
5. Minor variations to street design, and
5. Minor changes to street design and street location,
Cleanup
Subject to a recommeradslig for approval by .the cQ#ply
Cr) pincer; and
6. Minor changes to the design and locadon-of
Not currently listed as a variation
Clarification and
5torm.water management facilities, land disturbance
cleanup.
induding dkturbance within conservation areas, and
mitigation, subject to a recommendation for approval
§.Y. the county engineer.
The applicant shall submit a written request for a
The applicant shall submit a written request for a
Clarification
variation to the director: the request shall specify
variation to the director of planning. The request shall
the provision of the plan, code or standard for
specify the provision of the plan, code or standard for
37 ATTACHMENT C
Section 8.5.5.4 Building
permits and erosion and
sediment control permits
which the variation is sought, and state the reason
for the requested variation; the director may reject
a request that fails to include the required
information.
C. 'rhe director is authorized to grant a
variation upon a determination that the variation:
(l) is consistent with the goals and objectives of
the comprehensive plan; (2) does not increase the
approved development density or intensity of
development; (3) does not adversely affect the
timing and phasing of development of any other
development in the zoning district; (4) does not
require a special use pen-nit; and (5) is in general
accord with the purpose and intent of the
Not in the ordinance
Any variation not expressly provided for herein
may be accomplished by rezoning.
Section 8.5.5.4 Building permits and erosion and
sediment control permits
Building permits and erosion and sediment control
permits may be issued as provided herein:
b. An erosion and sediment control permit
may be issued for site preparation grading
associated with an approved planned development
ifan erosion and sediment control plan
satisfactory to the director of engineering and
which the variation is sought, and state the reason for
the requested variation. The director may reject a
request that fails to include the required information.
C. The director o_fpiartning is authorized to grant a
variation upon a determination that the variation: (1) is
consistent with the goals and objectives of the
comprehensive plan; (2) does not increase the approved
development density or intensity of development; (3)
does not adversely affect the timing and phasing of
development of any other development in the zoning
district; (4) does not require a special use permit: and (5)
is in general accord with the purpose and intent of the
approved application.
d. 'Iltc Director of' V1annjng ngXL -e_c uir. 3hai_thc
applicant provide an updated app -Ito tim an and, in
the case of changes-lo--a Code of Development, an
updated Code of DevcIuprgFmtLtlecting the approved
variation and (fie dale of the variation. If the Director
requires (lit updated plain Or Cede, it shall kit: J)Wu ided
within 30 days ofappro►•al of the ya- riatiaL
C. Any variation not expressly provided for herein
may be accomplished by zoning man amendment
See. 8.5.5.4 Building ,permits and gding permits
Building permits and grading permits may be issued as
provided herein:
b. A grading permit may be issued for site
preparation grading associated with an approved
planned development ifth—c erosion and sediment control
plan measures, disturbed area and grading are in
conformity with the conccp a aTid measures
shown on the app1icaliQn�lan as detenn,ined..b� ( he
Cleanup
New requirement
needed to keep track of
approved variations
within a planned
development.
Cleanup
Cleanup
38 ATTACHMENT C
39 ATTACHMENT C
public works has been submitted and reviewed in
co -u llty engineer. after consultation with the director of
planning
conjunction with the application plan, and the
director of planning and community development
determines the proposed grading is consistent with
Q1 lT,,after conulw with the director Q
the approved application plan.
Riannin the counly en ineer finds that there is not
enough detail on the appreve application plan to assure
C. In cases where the director finds that there
is not enough detail on the approved
consistency that the proposed grading and other
measures are cons istent_ with tic-apj ication plan, a
application plan to assure consistency no
grading permit shall not be issued until the final site
erosion and sediment control permit shall
plan is approved, or the final sul _. ivi Q plat is
be issued until the final site plan is
tentatively approved.
approved, or the final plat is tentatively
approved.
d. Within each neighborhood model district, the
department of community development shall review
d. Within each neighborhood model district,
each building permit application or modification to
the department of planning and
determine whether the proposed structure conforms with
community development shall review
the architectural and landscape standards in the
each building permit application or
approved code of development.
modification to determine whether the
proposed structure conforms with the
architectural and landscape standards in
the approved code of development.
Sec. 8.5.5.5
Site plan and subdivision plat requirements for
Site plan and subdivision plat requirements -where
Cleanup and
planned development zoning districts
clarification
established without an application or
application plan
Site plans and subdiyis.ig".1ats within a planned
development district for whic_UnApplx lion plan _was
not approved shall be subiect to the following:
If a planned development zoning district was
established without an approved application plan
as required by section 8 then neither a site plan
A. No valid site p*m or subdivision p1gLaUi -�
district emabdished. if a planned development district
nor a subdivision plat shall be approved for any
lands within the district unless and until an
was established befom an application plan was required
application plan and all other documents required
by section 8 to be anprptied as Ille /cmin.g man
by section 8.5 are submitted by the owner and are
amendm�tt� ibeie was no valid site plan or
approved as provided therein.
subdivision plat12ertain ",to the entirety of in anned
dg�reJontne t-dd tdgJ, then neither a site plan nor a
If such a district was previously established in
subdivision plat shall be approved for any lands within
conjunction with an approved site plan the
the district unless and until an application plan and all
approved site plan shall be deemed to be the
other documents required by section 8.5 are submitted
application plan, and the district shall be deemed
I by the owner and are approved as provided therein_
39 ATTACHMENT C
40 ATTACHMENT C
to have complied with the requirements of section
8. In such a case, if the site plats or subdivision
plat has expired, a new site plan or subdivision
plat must be approved prior to any development
activity.
11. Vaticl.sile id nr.or-suhdivision P ar !i ve
Ali.► H(l li_4Planned development district
►►ati establisled hefore_atLap rat on�lan was required
h► .cation 8 if) be appir as Hart of the zoning mills
amendment but there was a valid site. plan or SUbdi► iNi011
plat pertaining to the entirety-af thLplanned
development district at the time the zorliny -ln.ap
anlendnllenl was approved, the approved site plan or
subdivision plat shall be deemed to be the application
plan, and the site plan or subdiv. a at sha_I.1._be
vicwed.as. prov itied irt.section 8.5.5_.
A planned development-4 strict n a tcr_jJ
Sec_ 8.6 Amendments to
Each amendment to a planned development
Clarification as to who
planned development
district shall be submitted and reviewed as
is established, either by the ad_d__iti -omor remoyaLofla13d,
can request an
districts
provided in section 8. In addition, with each
or by an amendment to. _the licatiQn Flans code. of
amendment to a PD,
application to amend the area of the planned
development, proffers or any waiver or mod 111 cat ion, in
responding to Board of
development district, or to amend the proffers, the
accordance with the procedures anAregtiirellicnt5cif
Supervisors' request
application plan, the general development plan, or
section 8 and thosc applicable-to zoning,pa;�p
the code of development within an area that is less
amendtmrnts.genci aIIN, and subiect to_ the folio -wing
than the entire district, the applicant shall submit a
additional rcquii cnients:
map showing the entire existing planned
development district and identifying any area to
a, l:ligibte cr lrccrttl. And owner act
be added to or deleted from the district, or
purchaser with the owner's consent, or any authorized
identifying the area to which the amended
agent of the owner, of one or more t mels within a
proffers, application plan, general development
planned dcvelopmenl_digrict nn -o a "pal amend the
plan, or code of development will apply.
existing planned devq opnicn - istrkt-as_it -pertains to
the owner's parcel(s). The-owner of each parcel to
which the proptsscd anlcnd,rwnLwo-u1d-msu.lt in or
require a physic a I change to the pmel. a change in -.use,
density-or intensity t a areal. a -ghangg=tQ=anv
proffer or regulation in a code of develonmentshat
would apply to the parcel, a change 1Q- a..ow'rtui'S
express obligation under a pryffr or regulation in a
code of development even.ii�proffer or regulation is
not cxpressly changed, or. _a c]larlge to th OhCati011
plan that WOtild apply tothe.parcel,_shall he an
applicant.
b. :111101(fincwt a1 cling Ic.sx_.ra_rca_ilcc» 1he_en ire
rlisirirl; nw1►. If the proposed amendment would affect
less area than the entire d isTrict. the t-shall
40 ATTACHMENT C
24.A.3 Neighborhood
The following documents and information shall be
Model Application
submitted in addition to any other documents
requirements, required
required to be submitted under section 8.5 of this
documents and
chapter:
information
Parking study b. A parking and loading needs study that
demonstrates parking needs and requirements and
includes strategies for dealing with these needs
and requirements. including phasing plans,
parking alternatives as provided in section 4.12.8
of this chapter, and transportation demand
management strategies as provided in section
4.12.12 of this chanter:
Submit a map showing the entire existing planned
development district and identifying any area to be
added to or deleted front the district, or identifying the
area to which the aincnded application plan, code of
development, proffers or any k +ai% -cr or ntodil ical ion
k %ould apjty.
c— Individual notice. In addition to an. notice
required by Virginia Code k 15 -2-22„0.1 and sertioitis
31,-and 33.8 oft h i s chapter, %►rItten notice oft I ii:
Mrposed amendment shall be provided to the o%% tier of
e k parcel «ithin the planned development district.
The sub &taacc of the notice shall be as required by
YY &ia Code § 15,7- 2204(f3), paragraph 1, rcgardlcss
of.the.nutnbcr ofpjmcls affected.
d. - -- Favorr. to..cons.Wer during review ojPruimsed
e,mendltmeni, in addition to any other applicable factors
to be considered in the review of a totting map
aTncndmcnt,..thc following shall also be considered:
1, Whether the proposed amendment
reduces, maintains or enhances the elements ofa
planned development set firth in section 8.3..
2, 'The extent to which the proposed
amendment impacts the other pares s ►yi�i t �.r3lanned
d[ese.99ment district,
I�x�eo_ here She option is exercised as provided in
subsection._(.b), N low, the following documents and
information shall be submitted in addition to any other
documents required to be submitted under section 8.5 of
this chapter:
41
A parking and loading needs study that demonstrates
parking needs and requirements and includes strategies
for dealing with these needs and requirements, including
phasing plans, parking alternatives as provided in
section 4.12.8 ofthis chapter, and transportation demand
management strategies as provided in section 4.12.12 of
this chapter;_providcd that the applicant may sLibmit the
parkinp. and loa ina needs study in conjunction �% ith the
Cleanup
Amend to allow a
parking study at the
time of rezoning or at
the time of site plan
approval.
ATTACHMENT C
42 ATTACHMENT C
p_rWiminary site plan for the development if it
detnon�tratcs to the satisfaction ofthe zoning
administrator that the uses than 11111y occupy the
F uildings are not sufficient 1, kntmn at the tllnc of the
zonin g Tmp amendment.
d. A general development plan, as provided
d. An application plan, as provided in section
Cleanup
in section 20A.4, including all information
20A.4, including all infonnation required by sections 8
required by sections 8 or 20A to support any
or 20A to support any element of the plan.
element of the plan.
20AA
General development plans
Annlirati4n plans
Cleanup to clarify that
The requirements for an application plan for the
In addition to the application plan requirements of
all PD plans are called
NMD area as follows: In addition to the
section 8.5.1(d), the following arc required elements of
"application plans"
application plan requirements of section 8.5.1(d),
application plan in the NMD:
the following are required elements of the general
development Ian:
b. The general allocation of uses to each block
Deleted
Information is
in terms of residential, commercial,
duplicated elsewhere
industrial, institutional, amenities, parks,
recreational facilities open to the public, and
any other use category proposed by the
applicant and which complies with the
requirements of section 20A.8.
c. The location of proposed green spaces,
Moved
Cleanup
amenities, conservation areas or preservation
areas, as provided in section 20A.9.
d. Building footprints or graphic representations
Moved
Cleanup
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 reiterated, except
I. a, The general location of proposed
Clarification /cleanup
where requirements are in excess of Section S.
streets, alleys, sidewalks, and pedestrian paths;
b---The location of proposed green spaces,
amenities, conservation areas or preservation areas, as
paQvided in section 20A.9;
C. A conceptual lot lay -out;
d, Conceptual grading/topography using the
county geographic information system or better
topographic information supplemrnted ►vhcre necessary
by spot elevations and areas of the site wherc existing
sivpcs are twenty -five (25) percent or greater;
e,- - - - - 'I' . icaI street cross- sections to show
42 ATTACHMENT C
43 ATTACHMENT C
proportions. scale, and streetscape, which_ alternatively.
m provided in the code of development:
f. Any proposed connections to existing and
proposed streets, as well as proposed thoroughfares
shown on the comprehensive-plan-
9- The general lay -out for the water and sewer
systems, conceptual stormwater management, and a
conceptual mitigation plan; and
h. The location of central features or ma'or
elements within the development essential to the design
of the development, such as building envelopes. maior
employment areas parking areas and structures civic
areas, parks, open space, green spaces, amenities and
recreation areas.
20A.5. Codes of
A code of development shall establish the
A code of development shall establish the unifying
Establish standard
Development
unifying design guidelines, the specific
design guidelines, the specific regulations for the
format for ease of
regulations for the district, and the use
district, and the use characteristics of each block;
review and
characteristics of each block; provide for certainty
provide for certainty in the location of and appearance
administration
in the location of and appearance of central
of central features, and the permitted uses in the district;
features, and the permitted uses in the district; and
and provide a flexible range of a mix of uses and
provide a flexible range of a mix of uses and
densities. Any substantive or procedural requirement of
densities. To satisfy these requirements, each
this chapter shall apply to an NMD unless the subiect
matter is expressly addressed in the code of
code of development shall establish:
development Each code of development shall be in a
form required or otherwise approved by the director of
planning. To satisfy these requirements, each code of
develop ment shall establish:
b. The amount of developed square footage
b. The amount of developed square footage
Cleanup
proposed, delineated for the entire NMD and by
proposed, delineated for the entire NMD and by block
block by use, amenity, streets and lot coverage.
by use; and amenity. The developed square footage may
The developed square footage may be expressed
be expressed as a proposed range of square footage.
as a proposed range of square footage.
C. The maximum residential densities, as
C. The maximum number of residential dwelling
Removal of extraneous
provided in section 20A.7, and the maximum
units, dwelling units by type. and delineating at least
information.
number of residential units for individual
two (2) housing types, as provided in section 20A.8.
residential land use categories and mixed -use
categories, delineating at least two (2) housing
types, as provided in section 20A.8.
d. The amount of land area devoted to green
d. The amount of land area and percentage of
Clarification
space and amenities, as provided in section 20A.9.
gross acreage devoted to green space and amenities, as
43 ATTACHMENT C
44 ATTACHMENT C
rovided in section 20A.9.
g. Architectural and landscape standards that
g. Architectural standards that will apply in the
Cleanup to separate
will apply in the NMD, which shall address the
NMD, which shall address the following:
landscape requirements
following:
from architectural
standards.
1. The form, massing, and proportions of
1. The form, massing, and proportions of structures
Deleted items do not
structures;
which may be provided through ill�tstratigns;
relate specifically to the
2. Architectural styles;
I F Fade treatments;
goals of the
3. Materials, colors, and textures;
3. The preservation of historic structures, sites, and
Neighborhood Model.
4. Roof form and pitch;
archeological sites identified by the Virginia
5. Architectural ornamentation
Department of Historic Resources; and
6. Facade treatments, including window and
4. Architectural styles materials, colors and textures if
door openings;
these elements are_determirLrd to be teary = in
7. Landscape treatments; and
order for a proposed d_velnrtt�Knt #�¢rnpati6le
8. 'rhe preservation of historic structures,
with its contiguous de WHQurtd.ing ,
sites, and archeological sites identified
by the Virginia Department of Historic
Resources.
d. 7. landscape treatments;
g. Landscape treatments where landscaping .in addition
Clarification
to that m idn Scion._2 ' _ro
_ oscdr
h. Preliminary lot lay -out.
Remove
Information is
duplicated elsewhere
i. For each block:
i. For each block:
Clarification /cleanup
1. The range of uses permitted on the block
2. Build -to lines or ram, which are the required
by right and by special use permit;
distance from the right -of -way to a structure;
2. All requirements and restrictions
3. Minimum and maximum lot dimensions;
associated with each use delineated in
4. Mini tit tm num.bcx_ o"wries-an-d maximum
paragraph {iX]);
building heights;
3. Build -to lines, which are the required
5. Location of sidewalks and pedestrian paths;
distance from the right -0f - -way to a
6. Acreage devoted to and characteristics _0 green
structure:
space, amenities, and recreational areas-and
4. Minimum and maximum lot and yard
facilities as_rq.quirectsection 4.16;
dimensions;
7. Location, acreage and-characteristics_.0-f
5, Maximum building heights:
conservation areas and preservation areas as
6. Sidewalk and pedestrian path locations;
defined in scc_tion j, if applicable;
7. Green space and amenities;
8. Location of parking areas;
8. Conservation areas and preservation
9. Location, acrmgf_mCch_a_Me eristics of civic
areas. if applicable;
spaces, which are public areas for community or
9. Parking areas;
civic activities (e.g., libraries and their associated
14. Civics aces, which are public areas for
yards, schools and places of worship);
44 ATTACHMENT C
45 ATTACHMENT C
community or civic activities (e.g.,
libraries and their associated yards.
schools and places of worship);
20A.6. Permitted Uses
The following uses shall be permitted in an NMD,
The following uses shall be permitted in an NIVID,
Clarification about
subject to the regulations in this section and
subject to the regulations in this section and section 8,
what is and isn't by-
section 8, the approved plan and code of
the approved applica.UoB plan and code of development,
right in the Code of
development. and the accepted proffers:
and the accepted proffers:
Development
a. By right uses. The following uses are
a. By right rises. The following uses are permitted
permitted by right:
by right if the use is expressly identified as a by right
1. Each use allowed by right or by special
use a.the cede of dc, elopmetit or if the use is pe nil itted
use permit in any other zoning district,
byaActerm i nat ion by tlic zoning administrator pursuant
except for those uses allowed only by special
to- rzion
use permit delineated in subsection_(b)
provided that the use is identified in the
1. Each use allowed by right or by special use
approved code of development.
permit in any other zoning district, except for these uses
allowed only by special use permit delineated in
subsections (b)(2) and (b)(3); provided that the use is
identified in the approved code of development.
By special use pernnir. The following uses are
b. By special rare permit. The following uses are
Allowing a future use
permitted by special use permit:
permitted by special use permit if the use is expressly
by special use permit
identified-as use permitted by special use permit in the
allows for conditions to
r d .o - Vclopment:
be applied in the future
that may not be
L Each use allowed by right or by special use
anticipated during the
permit in any other /oil ing district.
rezoning.
20 A.7 Residential
b. The gross residential density shall be
b. The gross residential density shall be measured in
Corrects the error in the
Density
measured in dwelling units per acre and
dwelling units per acre and calculated by dividing
formula as currently
calculated by taking the gross acreage of the
the.proposed.number offd Iih units in the
stated.
district divided by the proposed number of
proposed .district by the brass acreage of the
dwelling units in the proposed district.
district.
Sec. 20A.9 Green
l . For areas shown in the land use element
I . For areas shown in the land use element of the
Cleanup and
spaces, amenities,
of the comprehensive plan as neighborhood
comprehensive plan as neighborhood density residential,
clarification
conservation areas and
density residential. urban density residential,
urban density residential, transitional, neighborhood
preservation areas
transitional, neighborhood service, community
service, community service, or office service, the area
service, or office service, the area devoted to
devoted to green space shall he at least twenty percent
green space shall be at least twenty percent (20 %)
(20 %) of the gross acreage of the area proposes
of the gross acreage of the site.
rezoned.
2. For areas shown in the land use element
2. For areas shown in the land use element of the
45 ATTACHMENT C
Sec. 20A.10 Streets
of the comprehensive plan as regional service,
office regional or industrial service, the area
devoted to green space shall be at least fifteen
percent (15 %) of the gross acreage of the site.
3. For areas having a land use designation
not addressed in paragraphs (a)( 1) and (a)(2), the
recommendations of the applicable provisions of
the comprehensive plan shall be guidance on the
minimum area devoted to green space.
b. Amenities. The minimum area devoted to
amenities is as follows:
1. For areas shown in the land use element of
the comprehensive plan as neighborhood density
residential, urban density residential,
neighborhood service, and community service, the
area devoted to amenities shall be at least twenty
percent (20 %) of the gross acreage of the site.
2. For areas shown in the land use element
of the comprehensive plan as regional service,
office service, office regional service or industrial
service, the area devoted to amenities shall be at
least ten percent (10 %) of the gross acreage of the
site.
3. For areas having a land use designation
not addressed in paragraphs (bx 1) and (b)(2), the
recommendations of the applicable provisions of
the comprehensive plan shall be guidance on the
minimum area devoted to amenities.
Each street within an NMD shall meet the street
standards for a traditional neighborhood
development established by the department of
engineering and Vublic works.
comprehensive plan as regional service, office regional
or industrial service, the area devoted to green space
shall beat least fifteen percent (15 %) of the gross
acreage of the area proposed to be rezoned.
3. For areas having a land use designation not
addressed in subsections (a)(1) and (a)(2), the
recommendations of the applicable provisions of the
comprehensive plan shall be guidance on the minimum
area devoted to green space.
b. Amenities. The minimum area devoted to
amenities is as follows:
1. For areas shown in the land use element of the
comprehensive plan as neighborhood density residential,
urban density residential, neighborhood service, and
community service, the area devoted to amenities shall
be at least twenty percent (20 %) of the gross acreage of
the area proposed to be rezoned.
2. For areas shown in the land use element of the
comprehensive plan as regional service, office service,
office regional service or industrial service, the area
devoted to amenities shall beat least ten percent (10 %)
of the gross acreage of the area proposed to be rezoned.
3. For areas having a land use designation not
addressed in subsections (b)(1) and (b)(2), the
recommendations of the applicable provisions of the
comprehensive plan shall be guidance on the minimum
area devoted to amenities.
Each street within an NMD shall meet the street
standards for a traditional neighborhood development
established by the department community developmen
A.
Cleanup
46 ATTACHMENT C
AA
WILLIAMS MULLEN
MEMORANDUM
TO: Neil Williamson
FROM: Valerie Long
DATE: February 17, 2009
RE: Proposed Modifications to Planned District Regulations
Here are my suggested comments to the proposed ordinance revisions that were attached to the
staff report for the Planning Commission meeting tonight. Since I will not be able to attend the
meeting, I appreciate your bringing them to the staff and Commission's attention:
1. Section 8.5.5.2. I think this is a reasonable approach to addressing the "old zoning" issue.
But it is important that a clause be added to this section that affirmatively states that an approved
Application Plan constitutes a "significant governmental act" for purposes of the vesting statute.
This was included in the chart that was part of the staff report for the July 29`h PC work session.
We raised this issue at the December 9`h PC meeting, but it does not appear it was included in the
most recent draft. The following language needs to be inserted: "For purposes of this Section,
an approved application plan is a significant governmental act for purposes of Virginia Code
Section 15.2- 2307."
2. Section 8.5.5.2.c.1: I like the flexibility that this section provides in allowing the Zoning
Administrator some additional discretion (or really just clarifying her existing discretion).
3. Section 8.5.5.3.a: I suggest a new subsection 7 be added that is a "catch all" category —
changes that the Planning Director, Zoning Administrator and others agree makes sense, but that
cannot be fit into one of the 6 categories of permitted changes. Perhaps something such as
"Other changes that the Planning Director deems reasonable." This flexibility would still be
subject to the provisions of subparagraph 8.5.5.3.d, which requires that all changes be "in general
accord with the purpose and intent of the approved application."
4. Section 8.5.5.3.d(2) — suggest that the Commission consider whether it would be appropriate
to permit a minor increase in density or intensity provided that the Planning Director determines
that such an increase would not have an adverse impact on traffic or other issues. There may be
a change that would permit an additional dwelling unit or two, or a slightly larger building that
someone might deem an improvement or at least a nominal change with no impact, and/or that
would more efficiently utilize the development area land (achieve densities closer to what is
contemplated by the Land Use Plan), and the Director might want that flexibility and discretion
to approve a very minor increase.
47
ATTACHMENT D
5. Section 8.5.5.4: If I understand this section correctly, it changes the ability to obtain a mass
grading permit prior to approval of final site plan if the Planning Director determines that the
grading plan that was approved as part of the zoning approval does not have enough detail. If
that is the case it creates an "all or nothing" situation, the developer has to wait until final site
plan approval (or tentative final site plan approval which takes nearly as long) before any
grading can begin. This is a huge change and could cripple a project. I suggest including a
provision that allows the developer to amend the grading plan in the interim period to provide
one with more detail as required by the Director. This avoids an all or nothing situation, and also
seems to address the need for more detail.
5. Section 24A.4.f: Add the words "Any proposed" at the beginning of this section. There may
be existing and proposed streets to which it would not be appropriate to propose or make
connections (such as into an established neighborhood where no such connection was ever
contemplated). These are the types of issues that should be discussed and analyzed as part of the
rezoning process, and it should not be something that would cause an application to be deemed
incomplete just because the connections were not shown on the proposed plan.
7. Section 20A.6.a. At the end of this section, add the following: "...or if the use is permitted
by a determination of the Zoning Administrator pursuant to Section 8.5.5.2.c.1 (this refers back
to my paragraph 2 above). Without this change, it seems that Section 8.5.5.2.c. I grants some
flexibility /discretion to the Administrator, but then arguably takes it away again in Section
20.A.6. I may be mistaken, but that is how I interpret this issue.
48
ATTACHMENT D
Recommended Changes from County Attorney's Office
ZTA 08 -02
Planning Commission Public Hearing
February 17, 2009
■ Section 8.5.5.2(x): Add a reference to Virginia Code 15.2 -2297 right before the
reference to Virginia Code 15.2 -2307. Reason: For a pre -1980 PD, vested rights
could have accrued under what is now Virginia Code 15.2 -2297, which was the
proffer enabling legislation applicable to Albemarle County from July 1, 1978
until Virginia Code 15.2 -2298 was adopted in the 1980's.
■ Section 8.5.5.5(b): Clarify by adding to the first part of the new text that the site
plan or subdivision plat was valid "at the time the zoning map amendment was
approved..." Reason: Owner should not rely on a plan or plat that was no longer
valid at the time of the zoning map change: owner can rely on a plan or plat as the
application plan if it was valid at the time of the zoning map change, even if it
later expired.
■ Section 8.6(a): In the next to last line after the clause pertaining to a change to a
proffer or regulation in a code of development, add a clause stating that when the
amendment might change an owner's obligations under a proffer or regulation in
a code of development (without changing the proffer /regulation itself) that o Amer
must be an applicant.
49
ATTACHMENT E