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    Home » Sec. 35.1-42.5. Planned Unit Development Application Procedure.

    Sec. 35.1-42.5. Planned Unit Development Application Procedure.


    Sec. 35.1-42.5. Planned Unit Development Application Procedure.
    Before any permit shall be issued for the erection of a permanent building in a proposed Planned Unit Development, and before any subdivision plat or any part thereof may be filed in the Office of the Clerk of the Circuit Court, the developer or his authorized agent shall apply for and secure approval of such Planned Unit Development in accordance with the following procedures:
    (a) Preapplication Conference. A meeting or meetings will be held between the applicant and the staff of the Planning Division to provide for a review of the Planned Unit Development regulations and to discuss the proposed plans of the applicant.
    (b) Application for Sketch Plan Approval.
    (1) In order to allow the Planning Commission and the developer to reach an understanding on basic design requirements prior to detail design investment, the developer shall submit a sketch plan (prepared by a Virginia registered architect, landscape architect, or engineer with seal and signature affixed to the plan) of his proposal to the Lynchburg Planning Division.
    The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing; and it shall clearly show the following information:
    a. The location of the various uses and their areas in acres;
    b. The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private;
    c. Delineation of the various residential areas, indicating for each area its general extent, size, and composition in terms of total number of dwelling units; approximate percentage allocations by dwelling unit type (i.e., single-family detached, duplex, townhouse, garden apartments, high-rise); and general description of the intended market structure (i.e., luxury, middle-income, moderate-income, elderly units, family units, etc.); plus a calculation of the residential density as stated in Section 35.1-42.4 above for each area;
    d. The interior open space system;
    e. The overall drainage system including storm water management;
    f. If grades exceed three (3) percent or portions of the site have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding, a topographic map showing contour intervals of not more than five (5) feet of elevation shall be provided along with an overlay outlining the above susceptible soil areas, if any;
    g. Principal ties to the community at large with respect to transportation, water supply, and sewage disposal;
    h. General description of the provision of other community facilities such as schools, fire protection services, and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated;
    i. A location map showing uses, zoning, and ownership of abutting land;
    j. An architectural rendering of each structure type proposed for the project shall be prepared to scale.
    (2) In addition, the following documentation shall accompany the sketch plan:
    a. Evidence of how the developer's particular mix of land uses meets existing community demands;
    b. Evidence that the proposal is compatible with the goals of the City's General Plan;
    c. General statement as to how common open space is to be owned and maintained;
    d. If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of this section shall show the intended total project;
    e. A sample of the proposed exterior material including color and texture.
    (3) The City Planner shall review all materials submitted and notify the applicant when the application for sketch plan approval is complete. Upon determination that the application is complete, the City Planner shall set a date for review by the Technical Review Committee and the Design Review Board. The developer or his representative is required to attend both the meeting of the Technical Review Committee and the Design Review Board.
    The Technical Review Committee shall consider the project's compliance with City Codes and regulations and the ability of the City to provide service to this proposed project.
    The Design Review Board's review shall be restricted to the following:
    a. Aesthetic and architectural relationships with the surrounding communities;
    b. Conclusions regarding on-site amenities and improvements;
    c. On-site arrangement of improvements and structures;
    d. Consistency with the Housing Assistance Plan for Federal and/or State funded projects.
    (4) Within thirty (30) days of the referral, the Technical Review Committee and the Design Review Board shall submit a report to the City Planner noting the feasibility and adequacy of those design elements under their sphere of interest. This report need only concern itself with general conceptual acceptance or disapproval, as the case may be, and in no way implies any future acceptance or rejection of detailed design as will be required in the later site plan review state. Both the Technical Review Committee and the Design Review Board may state in their reports any other consideration of acceptance on their parts.
    (5) Upon receipt of the reports from the Technical Review Committee and the Design Review Board, the City Planner shall set a date for a public hearing by the Planning Commission for the purpose of considering a conditional use permit for a Planned Unit Development for the applicant's plan in accordance with the procedures established for amendments to the Zoning Ordinance and the Official Zoning Map in Section 35.1-17B., including the proportions of a sign and notice to the surrounding property owners.
    (6) The Planning Commission shall review the sketch plan and its related documents, and shall render either a favorable recommendation to the City Council or an unfavorable report.
    a. A favorable recommendation shall include a recommendation to the City Council that the conditional use permit for the Planned Unit Development be approved. The recommendation shall be based on the following findings which shall be included as part of the report:
    1. The proposal conforms to the General Plan.
    2. The proposal meets the intent and objectives of a Planned Unit Development as expressed in subsections (a) and (b) of Section 35.1-42.1.
    3. The proposal is conceptually sound in that it meets a community need and it conforms to accepted design principals in the proposed functional roadway system, land use configuration, open space system, drainage system, and scale of the elements both absolutely and to one another.
    4. There are adequate services and utilities available or proposed to be made available in the construction of the development.
    5. A recommendation is made to either approve or deny an increase in residential density. A favorable recommendation will include the amount of increase but not to exceed twenty-five (25) percent. In either case, the reasons for the recommendation must be clearly stated.
    b. An unfavorable recommendation shall state clearly the reasons therefore and, if appropriate, point out to council and the applicant what might be necessary in order to receive a favorable recommendation.
    (7) Upon receipt of the report from the Planning Commission, City Council shall set a date and conduct a public hearing for the purpose of considering a conditional use permit for a Planned Unit Development for the applicant's plan. If City Council grants the conditional use permit, the zoning map shall be so notated by an appropriate symbol to show the existence of an approved Planned Unit Development. City Council, in order to fully protect the public health, safety and welfare of the community, may attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not limited to, visual and acoustical screening; land use mixes; order of construction and/or occupancy; circulation systems both vehicular and pedestrian; availability of sites within the area for necessary public services such as schools, firehouses, and libraries; protection of natural and/or historic sites; and other such physical or social demands. City Council shall state its findings at this time with respect to the land use intensity or dwelling unit density as called for in Section 35.1-42.4. (Ord. No. O-83-154, § 1, 7-12-83)
    Last updated date: 10/23/2006 4:15:21 PM