HomeMy WebLinkAboutZTA200900002 Legacy Document 2009-04-08COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE:
ZTA- 2008 -02 Amendment to PD & NMD Regulations j I April 14, 2009
SUBJECTIPROPOSALIREQUEST:
Request to amend the zoning ordinance to
bring titles and other references in conformity
with current Community Development job titles
and current zoning references, to clarify how
amendments to PDs can be made, to address
vesting of old projects to change timing for a
parking study, and to reduce the architectural
information required for NMDs.
STAFF CONTACT(S):
Echols
BACKGROUND:
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS:
On March 24, 2009, the Planning Commission reviewed and provided comments on this proposed draft
ordinance amendment. They asked for several changes to the amendment language, as well as a list of
approved Planned Developments (PDs) between 1980 and March 19, 2003. The Commission asked staff
to provide both the modified ordinance language and the list of PDs as a consent agenda item at an
upcoming Commission meeting.
DISCUSSION:
The modified ordinance is Attachment A with changes reflecting the March 24 discussion shown in yellow.
The approved or amended PDs that took place between 1980 and March 19, 2003 are as follows:
Briarwood
Forest Lakes South
Western Ride
Shoppers World
Pantops Shopping
Lake Reynovia
Springridge
Dennis Enterprises
Center
Peacock Hill
Glenmore
Ashcroft
Colonnades
Rio Hills Shopping
Buck Mountain
Waylands Grant
Monticello High
Center
School property
Westminster
Redfields
Jefferson Ridge
Luxor
Canterbury
Forest Lakes
North Fork Research
Gray Rock North
Rio East
Commercial
Park
It should be noted that all of these PDs are completed or at some phase of on -going development.
RECOMMENDATIONS:
Staff recommends approval of the attached zoning text amendment.
ATTACHMENTS:
ATTACHMENT A: Proposed Zoning Text Amendment dated April 6, 2009
Draft: 03/31/09
ORDINANCE NO. 09 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE
COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article I, General Provisions, Article 11, Basic Regulations, and Article III, District Regulations, are hereby
amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 8.2 Relation of planned development regulations to other zoning regulations
Sec. 8.3 Planned development defined
Sec. 8.5.1 Applications and documents to be submitted
Sec. 8.5.2 Preapplication conferences
Sec. 8.5.3 Review and recommendation by the planning commission
Sec. 8.5.4 Review and action by the board of supervisors
Sec. 8.5.5 Final site plans and subdivision plats
Sec. 8.5.5.1 Contents of site plans and subdivision plats
Sec. 8.5.5.2 Review of site plans and subdivision plats
Sec. 8.5.5.3 Variations from approved plans, codes, and standards of development
Sec. 8.5.5.4 Building permits and erosion and sediment control permits
Sec. 8.5.5.5 Site plan and subdivision plat requirements for planned development zoning districts
established without an application or application plan
Sec. 8.6 Amendments to planned development districts
Sec. 20A.3 Application requirements; required documents and information
Sec. 20A.4 General development plans
Sec. 20A.5 Codes of development
Sec. 20A.6 Permitted uses
Sec. 20A.7 Residential density
Sec. 20A.9 Green spaces, amenities, conservation areas and preservation areas
Sea 20A.10 Streets
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Application plan: The graphic depiction of a proposed development containing the information required by
section 8.5.1 iA)(e) and, within the neighborhood model district. section 20A.4. A Ip an designated and ap rove
as a general development elan for a neighborhood model district between March 19, 2003 and ]insert effective
date] is an application plan for the purposes of this chanter. (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 A
Draft: 03/31/09
Article H. Basic Regulations
Sec. 8.2
Planned developments shall be sub4ect to the following regulations in this chapter:
a. Sections applicable. Unless expressly superseded by a regulation of the ap lip cable in anned
development district- T e regulations in seetion 8 shall apply to the establishment and MgWation of all
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 submect matter is expressly addressed in the code of development under
section 20A.5, or the regulation is waived-or modified as provided in subsection (b).
b. Waivers and modifications. An applicant may request that any requirement of sections 4, 5.2126 and
32, or the 1�icable planned development district regulations be waived or modified if it is "Rd 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.
Submittal of request for waiver or modification If the applicant requests such a waiver or
modification as part of the application plan, the applicant shall submit its request in writing as
part of the application plan, and shall demonstrate that the waiver or modification would not
adversely affect the public health, safety or general welfare and, in the case of a requested
modification, that the public purposes of the original regulation would be satisfied to at least an
equivalent degree by the modification.
2. TimingAfteeauest Notwithstanding any regulation in sections 4, 5, 216 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-
seefien prohibits provided that_an owner within a planned development ftem fequesting 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. FindiMZs.. In addition to making the findings required for the granting of a waiver or
modification in sections 4, 5.21.26 or and 32, such a waiver or modification may be granted
only if it is also found 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.
• 1
(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 ♦earl area proposed to be rezoned or the area within the Planned development district is under
unified control and will be planned and developed as a whole; (2) the development is in genet
conforms with one or more approved application plans; and (3) in all planned development districts other than a
Draft: 03/31/09
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
planning may request additional plans, maps, studies and reports such as, but not limited to, traffic impact
analyses, identification of specimen trees, and reports identifying potential non -tidal wetlands which are deemed
reasonably necessary to analyze the application:
a. A regional context map at a scale of not less one (1) inch equal to one thousand (1000) feet showing
topography at a maximum of ten (10) foot intervals, surrounding properties, improvements to those
properties, surrounding public streets, private roads, and other thoroughfares;
b. An accurate boundary survey of the traet omit area to be rezoned showing the location and type
of boundary evidence and the source of the survey;
C. A map At a scale of not less than one (1) inch equal to one hundred (100) feet, provided that another
interval and/or scale may be required or permitted by the director of planning w
proposed to be rezoned or topogxaphic considerations warrant, showing:
1. The following existing physical conditions: streams, wooded areas, potential non -tidal wetlands,
slopes in excess of twenty -five (25) percent, historic structures and sites included in the records
of the Virginia Department of Historic Resources, floodplain, and any identified
features in the open space element of the comprehensive plan;
2. Existing topography accurately shown with ° maximum of F°°'" f e4 ~tour i ffteF als
Jcle o ffi .t less than e (i � eh al t, e hundred (1nm feet; ottie nto alandl, ale
L[ L{+ �T'fivl- [c�.TCI'[c[iTViiGTl�iix .Ri�{ ,.v......... �. ..� .. ..... ....... .... ......., ... .,....... yelopment where
using the coup is 6graphic information system or better
topographical information, and the source of the ormatio ,
3. Existing roads, easements, and utilities;
4. The name ofsh�pr4nosed development: the names of
all owners; the name of the developer, if different from the owner: the name of the person who
prepared the plan• all tax map and parcel numbers in fourteen (14) digit format; the zoning
district and all overlay zoning districts: the magisterial district: the north point: the scale: one
datum reference for elevation: if any part of the area proposed to be rezoned is within the flood
hazard overlay district (section 30.3). United States Geological Survey vertical datum shall be
shown and/or correlated to plan topography; sheet numbers on each sheet and the total number
ofsheets• the date of the drawing; and the date and description of the last revision•
5. The present use of adjoining tmets adiacent parcels: and the location of structures on adjeining
parcels, if any; and departing lot lines: and
6. The existing location, type and size of ingress and egress to the site;
d. A traffic impact statement meeting the requirements of state law including but not limited to 24 VAC
30- 155 -10 et sea
Draft: 03/31/09
An application plan based Em n minimufn of two (2) data Fefefenees fef elevafiens te be used en plans
and at a scale of not less than one 111 inch equal red (100) feet, provided that
another interval and/or scale may be required or permitted by the director of planning where the size of
the area proposed to be rezoned or topographic considerations warrant. showing:
1. The areas to be designated as preservation areas, if appropriate, and areas to be designated as
conservation areas, such as streams, wooded areas, specimen trees, non -tidal wetlands, and
other significant environmental features;
2. The prepesed Conceptual grading/topography with . fitaximum e f five (5) foot . nt...... inte ,all
> the countv'c g ogmhic information system or better topographical information, and he
source of the topographical information. supplemcntrd where necessary by snot elevations and
areas of the site where existing slopes are twenty -five (25) percent or g ems;
3. The general location of proposed streets, alleys, sidewalks, and pedestrian paths;
4. Typical street cross - sections to show proportions, scale, and streetscape;
5. Connections to existing and proposed streets, as well as proposed thoroughfares shown on the
comprehensive plan;
6. Trip generation fig o
:76. The general lay -out for the water and sewer systems, conceptual stormwater management, and a
conceptual mitigation plan;
8Z. 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;
9$. A summary of land uses including dwelling types and densities, and the gross floor areas for
commercial and industrial uses;
402. The general lot k*y eett la ; and
4410. Standards fef of development including proposed yards, building heights, open space
characteristics, and any landscape or architectural characteristics related to scale, proportions,
and massing at the edge of the district.
(12- 10 -80; Ord. 03-18(2),3-19-03)
Sec. 8.5.2 Preapplication conferences
Each applicant for a planned development shall attend a joint meeting with the planning, engineering, an
zeniRg 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 guidance provided in the preapplication conference process to develop
an application for a planned development that, when submitted with its supporting documents, will be as
complete and comprehensive as possible.
Draft: 03/31/09
(§ 8.5.3, 12- 10 -80; Ord. 03- 18(2), 3- 19 -03)
(Former § 8.5.2 Planning Commission Procedures Repeated 3- 19 -03)
Sec. 8.5.3 Review and recommendation by the planning commission
Each application €ee to establish or amend a planned development district shall be reviewed and acted on by the
planning commission as follows:
a. The commission shall consider and make its recommendation to the board of supervisors on each
application for a planned development district as it does for other zoning map amendments. Within the
time provided to make a recommendation, the commission may hold work sessions on the application
and proceed to a public hearing after it determines that no further work sessions are necessary, or at any
time the applicant requests a public hearing.
make findings about the felle In addition to-aU oi�er faciors reicvan;�o c corisideration of a
endment, the commission shall consider the-followft�
I Whether the proposed planned development or amendment thereto satisfies the Purpose and
intent of the planned develo"in fit district.
-12. The suitability a ahe tract C r tl.e p sed «1.. ned development ;., te.•...s of its feletion to all
Whether the area proposed to be rezoned is
appropriate for a planned development under the comprehensive pin; the physical
characteristics of the land area proposed to be rezoned; and W-sAhc 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;_
3. 1 1 t d a edifA, io n 1.: di °hethe the ifements of seet? n 8.2 afe
�acnic°c(cic�c °ca � ::, � ::6 e:l ::
satisfied.
C. Depending on !be findings it ffiake° *The commission shall either recommend approval of the
application a tea • aivefs as proposed, approval of the application
with changes to be made prior to action on the application by the board of supervisors, or disapproval.
The commission shall also make recommendations on all reguested waivers and modifications.
(§ 8.5.4, 12- 10 -80; Ord. 03- 18(2), 3- 19 -03)
Sec. 8.5.4 Review and action by the board of supervisors; effect of anorova
Each application to establish or amend a planned development district shall be reviewed and acted on by the
board of sum isonand 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 €ef Qf
development submitted by the applicant. and the code of development- as R lln 'cable. The board's
action shall also identify which proffers it has accepted and which waivers or modifications it has
granted.
Draft: 03/31/09
Effect ofao royal. Onee an applieatieft is approved Upon approval of an application, the application
plan, all submitted standards for Off development submitted by the applicant, the code of deydQpmgnt. as
applicablc, and all accepted proffers, and all approved waivers and modifications shall be included as
part of the zoning regulations applicable to the planned development.
(§ 8.5.5, 12- 10 -80; Ord. 03- 18(2), 3- 19 -03)
Sec. 8.5.5 Final sSite plans and subdivision plats
Sec. 8.5.5.1 Contents of site plans and subdivision plats
Each site plan and subdivision plat submitted for development in a planned development shall comply'with the
following:
a. Generally. Each site plan for a planned development shall comply with section 32 of this chapter,
subject to the waiver or modification of any such regulation pursuant to section 83- 3(b)(9) &2(b). Each
subdivision plat for a planned development shall comply with Chapter 14 ,
subject to the waiver, variation or substitution of any such regulation pursuant to section 14 -237.
b. Within the neighborhood model zoning district. In addition to the requirements of paragraph subsection
(a), each site plan or subdivision plat for a planned development within the neighborhood model zoning
district shall pertain to a minimum area of one block and shall include a phasing plan, and each site plan
shall include building elevations for all new or modified structures.
(§ 8.5.6.1, 12- 10 -80; 9 -9 -92; § 8.5.5.1, Ord. 03- 18(2), 3- 19 -03)
Sec. 8.5.5.2 Review of site plans and subdivision plats
Haeh preliminafy and final site Plan eF subdivisieff plat feF a planned development shall be reviewe
final site plan or subdivisien pleA fef a planned development shall be feviewed far- eofflplianee with the
following:
authorized - wnrrcrsvr-rcxvcmzcacroir5- and - any c :.. .... ......::p:..................., if ..y,
b. The pefmitted uses withift the plafified development zoning e ineluding all proffers, as detefmified
develepment; Vided .
of this haptef
T
e. iff additieft to the feFegeiftg' eeflfefmitywith the application plan and the standaMs of Within eaeh neighbor-hood madel zoning dis4fiet, the Viiefal develepment plan and the eede e
with the zening administrator.
.
Each preliminary and final site plan and subdivision plat for a planned development shall be reviewed for
compliance with the applicable regulations, as follows:
a Planned development districts established on or before December 10, 1980. Each preliminary and final
site plan and subdivision plat within a planned development district-established on or before December
10 1980 shall be reviewed for compliance with the applicable regulations when the site plan or
Draft: 03/31/09
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whether complies with the applicable regulationamd other ' /.i x.11 °1. _ of _law, and whether
conforms 1 the application 21a 1 1.
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Draft: 03/31/09
decide whether , central features or major elements . TMITW —IMI Me 71 .r r. ,. Sam
location as t•wn on the application plan and if the buildings, varking, streets, blocks, paths ,
other design elements are of me general character, .• and scale as shown on the
application pla,
3. Coyzlr) arrmw—Re cfwT[VI e.Tz�feer shall determine whether an erosion and sediment onti
ApUcable rewilations defined, For the purposes of this scction 8.5.5.2, the term "applicable
regulations"a r, •• 'ate and applicable, all a, ,g regulations, all subdivision •1_
application pla• (except for • , , ts a thorized to b hown at a conceptual or
including those plans formerly referred to as general develol)ment 121ans, conditions of a0roval,
accepted woffirs, the code of deve1qpment, spe ial use permits, variances, and waivers, modifications
and •,
1111111 '110 to. FMINIFIre 417-1P
(§ 8.5.6.2, 12- 10 -80; 9 -9 -92; § 8.5.5.2, Ord. 03- 18(2), 3- 19 -03)
Sec. 8.5.5.3 Variations from approved plans, codes, and standards of developments
The diFeeter efplatmifig and eemmunity devetepme director of In anning 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 getteral develepment plan of code of development, as provided
herein:
a. The director planning is authorized to grant a variation from the following provisions of an approved
plan, code or standard:
Minor variations clta to yard requirements, build -to lines or ranges, 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;
Minor changes to landscape or architectural standards; and
Minor variatiens to street design and street location, subject to a recommendation for
approval by the county engineer, an
Draft: 03/31/09
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including disturbance within conservation areas, and mifigatiQii, subject to a recomincridation
for / 1 • by • .
Ay engin=L
b. The applicant shall submit a written request for a variation to the director QLplan ning; tT_he request
shall specify the provision of the plan, code or standard for which the variation is sought, and state the
reason for the requested variation;, tThe director may reject a request that fails to include the required
information.
C. The director f nla�nnina 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.
case or cnanges to a cone or aevetopment a comptete amenaea coae of aeveiopmem, renecttng the
approved variation and the date of the variation. If the director requires an updated application lan or
code of development, the granting of the variation shall be conditional upon the applicant providing the
plan or code within thirty (30) days after approval of the variation and a determination by the director
that the plan or —c were revised to correctly reflect the granted variation.
p. Any variation not expressly provided for herein may be accomplished by rezening zOIIIAp
amendment.
(§ 8.5.6.3, 12- 10 -80; 9 -9 -92; § 8.5.5.3, Ord. 03- 18(2), 3- 19 -03)
Sec. 8.5.5.4 Building permits and permits
Building permits and gradin 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 gradin a permit may be issued for site preparation grading associated
with an approved planned development if an the erosion and sediment control plan measures_ disturbed
area and grading are in conformity with the concept grading and measures shown on the application
plan as determined by the country en ing eer. after consultation with the director ofmanni, satisfaetery
grading is eonsistefi4with the appreN,ed applieatien plan.
in eases where If- after consultation with the director of planning, the county engineer finds that there is
not enough detail on the approved application plan to assure eansistenej that the imposed aittdi g —and
other measures are consistent with the application plan, a
grading permit shall not be issued until the final site plan is approved, or the final subdivision plat is
tentatively approved.
ed. Within each neighborhood model district, the department of planning and ommunity 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)
Draft: 03/31/09
See. 8.5.5.5 Site plan nnd subdivision plot requir-enients for planned development zoning distriets
established without an applieation or- applientio ite plan and subdivision nla
requirements when there is no application plan
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a. No valid site plan or subdivision Dlat at time district established. If a planned development netting
district was established withattt before an eppreved application plan es wm required by section 8 te-k
approved as yW of the zoning =map amendment and there was no valid site plan or subdivision -Pig
pertaining to the entirety of the planned developement 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. Is Buie ° disfdet was pfevie° °I°
established in eenjunetion with aft appFeved site If a planned development district was established
before an application In an was required by section 8 to beapgoved as part of the zoning man
amendment but there was a valid site plan or subdivision plat pertaining to the entirety of the lanne
development district at the time the zoning man amendment was aplgove d, the approved site plan or
subdivision plat shall be deemed to be the application plan, and the distrie! shall be deefoed to have
eemplied with the fequirenieftts of seetieff 8. in stieh a ease, if the site plan er subdivisieft plat hass
expired, a new site plan of! subdivision plat must be approved prieF to any development ftetivity
i a
or subdivision plat shall be reviewed as provided in section 8.5.5.2. (Amended 7- 16 -86)
• 12-10-80; 9-9-92; § : 1 1 : 3-19-03)
1 Amendments 1 planned 1 1 l districts
M 6.0 NOW
s 1 :.l 1 1' tl _}' .t1 t1 1 '11.1 . • <L1
or by amendment t• the atmliQation i2lan, codQ of development, proffers or any or modification,
accordance pwcedures .1.1 requirements of - _11. : and those applicable 1 zoning 11:1 amendments
rally, and smwect to the following additionalitcluircincrits:
a. EUzible anylkant. Any •.!" contract pumhaser •..1.1.'1.1. - consent, or any e. L•. _'1 .!•1.
the owner, of one or more parcels within .. . 1 :11'1 development district in 11 • .11.'.11 the
existing planned development district as 1 main • the owner's 1. 1' owner of } /. -
• which thQ 1 11• '1 amendment would result in or 't physical le.!!' to the parcel, 1.e
density or ! -1. on that parcel, 1a!•' to any t •. or '' ...•t in • code of development
that would app • the I...t- 1!1•' to an owner's •1 obligation under a moffer or 11 in
11' of development 1 if the proffer • • _•1 is not expressly chanud, or le!•' to 1-
application P1 & to the Parcel-shall be an appHonL
1 Amendment affecting Lm area than the entire ! t !(. // If the liroposed amendment 1'.1. - 1 affect
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Draft: 03131/09
the area to which the amended application 121an, code of deyclo12WgnL4MQffqm=M
modification .• • r r
C. IndividuaLnotice—In addition m=�� uired by Virginia Code § 15,2--M4 and sections
and 33.8 of S 1. notice of 1. / • r • • • amendment s1 , r • provided • &
factors owner of each parcel within the pl t district. The substance of the nuti=sbatl-
III- WITR=11
• be considered -1 ! the review of !. zoning 11..1 amendment, k4lowing-shall also be
•1_ _!- •k-
MCIRRM-TrMiRrou Me . Put
1'!
1 •rll'1 ••1 1 •1
2 The extent to which the proposed amendment impacts the other parcels within the planned
development district.
Article III. District Regulations
Sec. 20A.3 Application requirements; required documents and information
x�ept where the option is exercised as provided in subsection (b) below the following documents and
information shall be submitted in addition to any other documents required to be submitted under section 8.5 of
this chapter:
a. A statement describing how the proposed NMD satisfies the intent of the zoning ordinance and is
consistent with the applicable goals and objectives of the comprehensive plan, the land use plan, the
master plan for the applicable development area, and the Neighborhood Model; if one or more
characteristics of the Neighborhood Model delineated in section 20A.1 are missing from an application,
the applicant shall justify why all of the characteristics cannot or should not be provided;
b. A parking and loading needs study that demonstrates parking needs and requirements and includes
strategies for dealing with these needs and requirements, including phasing plans, parking alternatives
as provided in section 4.12.8 of this chapter, and transportation demand management strategies as
provided in section 4.12.12 of this chapter' provided that the applicant may elect to submit the parking
and loading needs study in conjunction with the preliminary site plan for the develo ment if it
determines that the uses that may occur
buildings are not sufficiently known at the time of the zoning map amendment.
C. Strategies for establishing shared stormwater management facilities, off -site stormwater management
facilities, and the proposed phasing of the establishment of stormwater management facilities.
d.p ication plan, as provided in section 20A.4, including all information
required by sections 8 or 20A to support any element of the plan.
e. A code of development, as provided in section 20A.5, including all information required by sections 8
or 20A to support any element of the code.
(Ord. 03-18(2),3-19-03)
Sec. 20A.4 General development Apnlicatinn plans
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Draft: 03/31/09
A genefal development plan shall sef�ve as the appliea4ion plan reEluired by seetieft 8.5.1(d) efthis . In
addition to the application plan requirements of section 8.5. 1(de ), the following are required elements of the
genefal development plan an application plan in the NMD:
hundf:ed (1500) square feet multiplied by the numbef of &,elliag tinits pfepesed.
,
institutional, amenities, paFIEs, reeremienal fiwilities open to the publie, and ", other use eategory proposed by4he
,..lieant and ..,1.:,.1, a plies with the ents of section 20A.8.
amenities, e. The location of proposed green spaees, ) as provided
�iRsGetion 20TT
d. Building foetpFints of gfaphie representations ef eentral fi��tifes er majef elements that afe essential to
the design of the development, 'AR-11AM A fh@- h- 1SME
a. The general location of proposed streets, alleys, sidewalks, and pedestrian ap the
b. The location of proposed green spaces, amenities, conservation areas or preservation areas. as provided
in section 20 a.
C. A conceptual lot lay -out:
d. Conceptual gradingltQpography using the county geographic information system or better to�ogL
information supplemented where necessary by snot elevations and areas of the site where existing slopes
are twenty-five (25) percent or egr ater
e. Typical street cross - sections to s iaw proportions, scale, and streetscape, which. alternatively. me
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
h. The location of central features or major elements within the development essential to the design of the
develonment_ such as building envelones. maior emnlovment areas. narking areas and structures. civic
(Ord. 03- 18(2), 3- 19 -03)
See. 20A.5 Codes of development
A code of development shall establish the unifying design guidelines, the specific regulations for the district,
and the use characteristics of each block; provide for certainty in the location of and appearance of central
features, and the permitted uses in the district; and provide a flexible range of a mix of uses and densities. Any
substantive or procedural requirement of this chapter shall apply to an NMD unless the subject matter is
expressly addressed in the code of&v_ —e Pment. Each code of development shall be in a farm reaujred or
otherwise approved by the director of planning. To satisfy these requirements, each code of development shall
establish:
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Draft: 03/31/09
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 NMD and by block by use;
and amenity, stfeets and lot eovefage. The developed square footage may be expressed as a proposed
range of square footage.
C. The maximum
Fesidential units fef individual residenfial land use eategeries and mixed use , number of
residential dwelling units, dwelling units by tv delineating at least two (2) housing types, as
provided in section 20A.8.
d. The amount of land area and percentage of gross acreage devoted to green space and amenities, as
provided in section 20A.9.
e. All requirements and restrictions associated with each use delineated in paragraph (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 landseape standards that will apply in the NMD, which shall address the following:
1. The form, massing, and proportions of structures which may be rp ovided through
illustrations;
styles;
Z MPAe.i.al., elers and teiAufes;
4. Roof fbm and ,
62. Fagade treatments, ' ;
7. Landseape tfealments; and-
43, The preservation of historic structures, sites, cemeteries. and archeological sites identified by
the Virginia Department of Historic Resources.. Land
4 Architectural sriies materials colors and textures if these elements are determined to be
necessary in order for a proposed development to be compatible with its contiguous developed
surroundings.
The y rU isions in a code of development adopted nrior to [effective date of ordinance] pertaining, t9
subsections 20A 5(g)(1 ) tthrough (4) shall be the only architectural standards in the code of development
that apply to the planned development.
h Pfeliffiinafy lot lay ^a'' L n
A&capejtreatments where landscaping in addition to that required by sectio
32 is proposed. The provisions in a code of development adopted nrior to [effective date of ordinance]
i. For each block
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Draft: 03/31/09
1. The range e€ uses permitted on the block by right and by special use permit;
;
32. Build -to lines or ranges, which are the required distance from the right -of -way to a structure;
43.. Minimum and maximum lot and yard dimensions;
54. Minimum number of stories and Mmaximum building heights;
65. Location of £sidewalks and pedestrian paths laeatiens;
46. Acreage devoted to and characteristics of Ggreen space, atld amenities, and recreational areas
and facilities as required by section 4.16;
SZ. Location acreage and characteristics of Goonservation areas and preservation areas as defined
in section 3.1, if applicable;
9$. Location of Pparking areas;
499. Location, acroagp and characteristics of Ggivic 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)
See. 20A.6 Permitted uses
The following uses shall be permitted in an NMD, subject to the regulations in this section and section 8, the
approved general development a 1� plan and code of development, and the accepted proffers:
a. By right uses. The following uses are permitted by right if the use is expressly identified as a by right
use in the code of development or if the use is permitted by a determination by the zoning administrator
pursuant to section 8.5.5.2(cl(11:
1. Each use allowed by right or by special use permit in any other zoning district, except for those
uses allowed only by special use permit delineated in subsections (b)(21 and (bl(31; provided
that the use is identified in the approved code of development.
2. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central sewerage
systems in conformity with Chapter 16 of the Code of Albemarle and all other applicable law.
3. Accessory uses and buildings including storage buildings.
4. Home occupation, Class A, where the district includes residential uses.
5. Temporary construction uses.
6. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies,
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Draft: 03/31/09
public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations
and the like, owned and/or operated by the Rivanna Water and Sewer Authority.
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 11 personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
b. By special use permit. The following uses are permitted by special use permit if the use is expressly
identified as use permitted by special use permit in the code of development:
42. Drive - through windows serving or associated with permitted uses.
23. Outdoor storage, display and/or sales serving or associated with a by right permitted use, if any
portion of the use would he visible from a travelway.
(Ord. 03- 18(2), 3- 19 -03; Ord 04- 18(2), 10- 13 -04)
See. 20A.7 Residential density
Residential density within each NMD shall be as follows:
a. The gross residential density should be within the applicable recommended gross density range
established in the land use element of the comprehensive plan. In its deliberations regarding the
appropriate residential density for the district, the board of supervisors shall take into account the
amount of land devoted to non- residential uses.
b. The gross residential density shall be measured in dwelling units per acre and calculated by taking the
dividing the }nosed number of dwellingmttits in the proposed district by the moss acreage of the
district.
(Ord. 03- 18(2), 3- 19 -03)
Sec. 20A.9 Green spaces, amenities, conservation areas and preservation areas
Each NMD shall include the following:
a. Green space. The minimum area devoted to green space is as follows:
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 }posed to be rezoned.
For areas shown in the land use element of the comprehensive plan as regional service, office
regional or industrial service, the area devoted to green space shall be at least fifteen percent
(15 %) of the gross acreage of the site area MI)osed to be rezoned.
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Draft: 03/31/09
3. For areas having a land use designation not addressed in paragraphs subsections (a)(1) and
(ax2), the recommendations of the applicable provisions of the comprehensive plan shall be
guidance on the minimum area devoted to green space.
4. The minimum area devoted to green space may be reduced by the board of supervisors at the
request of the applicant. In acting on a request, the board shall consider these factors: the
relationship of the site to adjoining or nearby properties containing public green space such as
parks or natural areas; the known future uses of the of the adjoining properties; and whether a
reduction would better achieve the neighborhood model goals of the comprehensive plan.
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
proposed to be rezoned.
2. For areas shown in the land use element of the comprehensive plan as regional service, office
service, office regional service or industrial service, the area devoted to amenities shall be at
least ten percent (10 %) of the gross acreage of the site area proposed to be rezoned.
For areas having a land use designation not addressed in par -agraphs 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.
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 (90 %) of the residential units in the NMD shall be within a one - quarter
mile walk of an amenity.
2. The size, location, shape, slope and condition of the land shall be suitable for the proposed
amenity.
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.
In nonresidential areas of the development, amenities shall be located so that they are easily
accessible to patrons and employees of the development.
d. Green space within parks and recreational amenities. Any portion of an amenity that is covered in
grass or other vegetation may be counted as both green space and an amenity.
e. Preservation areas within green space. Preservation areas that preserve environmental features shall be
included as green space area.
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Draft: 03/31/09
£ 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 engineefing and publieweflEs community development.
(Ord. 03- 18(2), 3- 19 -03)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded
below, at a regular meeting held on
A_ye Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
17
Clerk, Board of County Supervisors