Application No. PD-22-08, Mid-Atlantic Communities, LLC: Request to amend the York County Zoning Map, pursuant to Section 24.1-362 of the York County Zoning Ordinance, by reclassifying from R20 (Medium-Density Single Family Residential) and GB (General Business) to PDMU (Planned Development Mixed Use), approximately 12.5 acres of land located at 113 Battle Road at the southeast quadrant of the intersection of George Washington Memorial Highway (Route 17) and Battle Road (Route 718). The property is further identified as Assessor’s Parcel No. 24-56B and a portion of Assessor’s Parcel No. 24-81B. The proposed development would consist of 189 apartment units combined with approximately 29,400 square feet of retail/office space. The Comprehensive Plan designates this area General Business along Route 17 and Medium Density Residential (maximum density of 1.75 dwelling units per acre) to the rear; the property also has a Mixed Use overlay designation. Recommended denial.

 Download Combined Staff Report. If you have any questions or comments about this application, please contact Timothy C. Cross. For additional information please refer to the April 1 Combined Staff Report.

* * *

Application No. ZT/ZM-119-08, York County Board of Supervisors:  Consider amendments to the following sections of the York County Zoning Ordinance (Chapter 24.1, York County Code): Tabled

• Zoning Map – Establish an RC-Resource Conservation zoning classification for the approximately 83 acres of U.S. Naval Weapons Station property that was annexed into York County as part of a boundary line adjustment between the City of Newport News and York County which became effective July 1, 2007.  Said property is located in the vicinity of the Naval Weapons Station entrance on Route 143 (Jefferson Avenue)
• 103, General rules of interpretation – delete all references to metric dimensions; provide for use of latest editions of referenced technical standards manuals.
• 104, Definitions
  • Home occupation – clarify that home occupation must be operated by and licensed to the resident.
  • Lot line, front – clarify that front lot line includes private street right-of-way lines.
  • Lot line, rear – reference corner, through and flag lot provisions.
  • Nightclub – exempt background entertainment in restaurants.
  • Stable, public – change term to Stable, commercial.
• 106, Zoning districts and maps – add provision to establish RC-Resource Conservation as automatic initial zoning classification for any territory added to County’s jurisdictional limits.
• 108, Filing fees – Establish $50 fees for Administrative Modifications and for certain zoning certification requests; Revise refund procedures for withdrawn applications; Require developer payment of any review fee established by VDOT for traffic analysis review.
• 109, Administration, enforcement, and penalties – revise citation procedures and penalty amounts per State Code provisions and maximums.
• 114, Conditional zoning – allow proffer submission during Board public hearing on an application.
• 115, Special use permits – increase allowable Planning Commission review time to 100 days.
• 117, Certain utilities and facilities exempt – add Public Transit Shelters; require 25-foot buffer around pump stations.
• 200.1, Verification of access rights (new section) - require access rights to be verified prior to building permits on property without public street frontage.
• 201, Subdivision and consolidation of lots – clarify to require attention to all dimensional requirements; establish provisions for subdivision of shopping center parcels.
• 202, Lot frontage required – establish additional limitations on the creation of “flag lots.”
• 220, Requirements for corner lots – clarify rear yard determination process; relocate “sight triangle” provision to new section 226.
• 225, Special yard requirements – clarify “sight triangle” requirements; establish yard determination procedure for non-standard lots.
• 231, Exemptions from height regulations – Add electric substations to list of exceptions; distinguish eligibility for Board of Supervisors exception process vs. Board of Zoning Appeals variance.
• 233, Special height regulations for single family detached dwellings – allow residential sprinkler system as alternative to proximity to fire hydrants.
• 233.1, Special height regulations (new section) – allow single-family residential building height increases when “super-elevating” above flood hazard elevation.
• 242, Landscaping standards – correct discrepancy in landscape credit unit chart.
• 243, Transitional buffers – clarify buffer requirements for situations where property with nonconforming residential structure is being redeveloped for commercial use.
• 245, Greenbelts – exclude parallel utility easements greater than 20 feet wide from qualifying Greenbelt width.
• 251, Traffic management and analysis – clarify intersection Level of Service classification procedure.
• 260, General site design standards – exempt architectural/landscape lighting and certain streetlights from full-cutoff requirements; establish full-cutoff exemptions based on wattage ratings of different types of luminaires; establish light intensity maximum limits at perimeter property lines of development sites.
• 261, Public service facility standards – require 20-foot separation between trash dumpsters and commercial buildings.
• 271, Residential accessory uses – require sight-triangle compliance at private driveway/street intersections; allow approval of 8-foot fence for screening purposes on residential property; define “finished side” of fences.
• 272, Commercial and industrial accessory uses – define “finished side”; allow approval of increased fence height for screening purposes. 
• 273, Location, height and size requirements – increase locational options for accessory structures in rear yards; specify setback measurement criteria for in-ground and above-ground pools.
• 281, General requirements for home occupations – clarify that home occupation is a business conducted by the occupant of a residence; provide for Board of Supervisors approval of parking requirements/limits for home occupations requiring special use permits...
• 283, Home occupations by special use permit – allow Board of Supervisors to approve extension of on-site employee authorization as a “minor modification.”
• 306, Table of land uses – amend Table of Land Uses to allow: Bed and Breakfast by Special Use Permit in RC – Resource Conservation; require Special Use Permit for helipads in IL and IG Districts; require Special Use Permit for soil stockpiling operations.
• 307, Prohibited uses – list containerized cargo unit storage, except as specifically authorized, as a Prohibited Uses.
• 374, HRM-Historic Resources Management Overlay district – add reference to State-managed resource database; update references to resource study guidelines; revise description of Phase 1, II and III study requirements; require protection of resource sites during construction; require certification  of resource study preparation procedures.
• 375, TCM – Tourist Corridor Management Overlay District – prohibit neon tubing in signs or as building accents.
• 376, WMP- Watershed Management and Protection Area overlay – remove Jones Pond and Bethel Reservoir watersheds; allow new septic systems if owner of watershed approves.
• 377, Yorktown Historic District overlay – expand the list of minor modifications allowed with administrative approval and clarify certain items requiring HYDC approval.
• 402, Open space (cluster) development – require conventional subdivision setback dimensions for lots on the perimeter of a cluster development;  require 45-foot perimeter separation area to remain undisturbed except for stormwater facility as approved by abutting property owners.
• 407, Standards for Accessory apartments – clarify requirements for recording conditions/restrictions.
• 419, Standards for forestry – correct an inaccuracy in buffer width description.
• 440, Standards for temporary sale of seasonal commodities – increase allowable term from 90 to 120 days; provide exemption to surety-posting requirement.
• 444 and 446, Standards for temporary office, construction, business trailers – provide exemption to surety-posting requirement.
• 481, Standards for shopping centers – allow “neighborhood” shopping center to include up to 15,000 square feet of floor area if community shopping center parking standards are met.
• 490.1, Soil stockpiling - establish special use permit performance standards for soil stockpiling operations.
• 495, Standards for storage, handling and disposal of fly ash – establish an exemption from special use permit review for “beneficial reuse” of fly ash pursuant to state definitions and requirements.
• 498, Submission requirements – require developer to provide homeowners association with certain cost and lifecycle information related to HOA-owned facilities; require proffer-related covenants to be reviewed / approved by County.
• 505, Review and approval procedures for site plans – define the “vesting” threshold as the issuance of Land Disturbing Activity Permit rather than Building Permits.
• 601, General provisions (off-street parking) – establish provision allowing zoning administrator to authorize the use of “shopping center” parking ratios for certain other types of retail centers.
• 604, Calculation of required parking – provide authority for zoning administrator to require parking to be constructed in “reserve” area when needed to meet demand.
• 702, General sign regulations – modify design standard for V-shaped signs; clarify wall sign standards for tenant spaces in shopping center; allow sign height increases based on elevation of adjoining roadway; allow sign permit issuance upon site plan approval, rather than business license.
• 704, Temporary signs – allow “grand opening” signs for changes in ownership of businesses; allow “now-hiring” signs for 60-day term.
• 706, Off-premises directions signs – allow off-premises real estate open house signs in rights-of-way signs.
• 707, Exempt signs – allow exceptions to general sign standards; increase construction signage allowance to 3 signs per site; clarify ballpark sign provisions; increase allowances for on-site directional boards.
• 708, Community identification signs – allow signs on each side of entrance.
• 710, Prohibited signs – modify to allow electronic changeable message signs with message change frequency as often as every four seconds.
• 801/802, Nonconforming uses / nonconforming structures – modify, per state code, to allow 4-year re-establishment period in the event of damage/destruction associated with federally declared disaster; clarify applicability of Floodplain Management requirements.
• 805, Validity of previously-issued permits – reference administrative setback adjustment provisions for subdivisions in the review/approval process when lot size or lot width amendments occur.
• Appendix Figures: I-2 and II-3 – clarify terminology and side/rear yard designations; II-4, add reference to private drives; II-7.1(new) – accessory structure locations; III-2 – revised Watershed Management/Protection Overlay map; Letter of Credit forms – correct out-of-date information.

Download Combined Staff Report. If you have any questions or comments about this application, please contact J. Mark Carter.