8F-1-1 Intent:

The intent of the Planned Business Development (PBD) District is to promote the efficient use of commercial/industrial land by allowing a range of land uses and densities and the flexible application of development controls. This may be accomplished while also protecting surrounding property, the natural features and scenic beauty of the land.

The Planned Business Development district is provided in recognition that many commercial, office and light industrial establishments seek to develop within unified areas, usually under single ownership or control. Because these concentrations of retail, service, office, and industrial establishments are generally stable and offer unified internal arrangement and development, potentially detrimental design effects can be recognized and addressed during the review of the development. For these reasons, the provisions for the PBD allow greater development latitude. Districts should be proposed and planned for areas that provide for adequate development and expansion space, controlled access points, landscaped parking areas and public utilities. Development of the PBD will take place in general accordance with an approved Master Plan, which may allow for clustering of uses and densities in various areas of the site.

Planned Business Development districts should be a visual asset to the community. Buildings within the district are to be architecturally complementary and the relationship among individual establishments should be harmonious. The site should be well landscaped and parking and loading areas are to be screened.

8F-2-1 Permitted Uses:

All of the light industrial, office and commercial use types listed in Articles 6.1B, Village Center (VC); 6.1C, Commercial Services (CS); and 7.1A Light Industrial (LI) of this ordinance are permitted in the PBD except residential use types. Light industrial use as permitted in Article 7.1A shall comprise a minimum of thirty percent (30%) of the gross square footage in the PBD. No use shall be permitted except in the conformity with the uses specifically included in the final Master Plan approved pursuant to section 8F-6.

(Ord. of 1-4-2011)

8F-3-1 Standards:

Each Planned Business Development shall be subject to the following site development standards.

8F-3-1.1 Minimum district size: fifty (50) acres of contiguous land. Properties separated by a secondary road or stream shall be considered contiguous for the purposes of this Article.

8F-3-1.2 Minimum front setbacks: All structures proposed to front on existing public streets external to the PBD shall be located a minimum of thirty (30) feet from the existing public right-of-way.

8F-3-1.3 Lots in the PBD district shall comply with the yard requirements set forth in the district regulations referred to in 8F-2-1.

8F-3-1.4 Lot coverage:

a.

More than one (1) principal structure may be placed on a lot.

b.

Maximum lot coverage shall be determined through the preliminary development plan process but in no case shall exceed fifty percent (50%).

8F-3-1.5 Public streets in the PBD district shall be built in accordance with VDOT standards. If the location of a land use type is amended as permitted in 8F-6-4.5, the road standards required may be increased or decreased as necessary. In reviewing the PBD preliminary master plan, the commission may recommend, and the Board may approve, one (1) or more private streets within the proposed district. Private street standards, specifications and a proposed maintenance agreement shall be submitted with the preliminary Master Plan.

8F-3-1.6 The applicants may propose a reduction to the number of parking spaces required by this ordinance for each use type, if justified. This proposal will be reviewed with consideration given to potential future uses of the site, parking demand and expansion potential.

8F-3-1.7 Maximum height of structures: Forty-five (45) feet, including rooftop mechanical equipment. The maximum height may be increased provided each required yard (side, rear, or buffer) is increased five (5) feet for each one (1) foot in height over forty-five (45) feet. In no case shall the maximum height exceed sixty (60) feet.

8F-3-1.8 Central water and sewer service shall be utilized. Drainfields and individual wells will not be permitted in the PBD district.

8F-3-1.9 Utilities shall be placed underground.

8F-4-1 Physical Character Shall Be Considered:

The Planned Business Development district should be designed and developed to be a visual asset to the community of Culpeper County. Since the relationship of the development to the community and the prospects for economic success of the project have much to do with the physical character of the development, these factors shall be considered in reviewing a Planned Business District application. For this reason the following site development recommendations are made.

8F-4-1.1 The principal entrance into the PBD district should be sufficiently landscaped to comply with the purposes of this district. In addition, the first one hundred (100) linear feet of street, leading through this principal entrance into the PBD, should have a landscaped median of sufficient width and planting density to meet the purposes of this district.

8F-4-1.2 Parking within the PBD should be located to the side or rear of the principal structures on the lot, wherever feasible. During review, consideration will be given to topographical constraints, innovative site design, buffering and landscaping factors.

8F-5-1 Applicable Zoning Regulations:

All zoning regulations applicable from the zoning districts set forth in section 8F-2-1 shall apply to the development of the PBD district, unless modified herein, or by the Board of Supervisors in the approval of the final Master Plan.

8F-6-1 Time Frame:

Notwithstanding the time frames outlined in this section, the maximum time frames permitted shall be those mandated by the Code of Virginia. Culpeper County will make every reasonable effort to complete the application process within a shorter time frame.

8F-6-2 Meeting to Discuss Application Requirements:

Prior to submitting a formal application for review and approval under these provisions, the applicant and County staff shall meet to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting.

8F-6-3 Application to Constitute Amendment to Zoning Ordinance:

Any application to rezone land to the PBD designation, shall constitute an amendment to the zoning ordinance pursuant to Article 22. The written and graphic information submitted by the applicant as part of the application process shall constitute proffers pursuant to Article 29 of this ordinance and shall be submitted in a proffer form which complies with Article 29. Once the Board of Supervisors has approved the final Master Plan, all accepted proffers shall constitute conditions pursuant to Article 29.

8F-6-4 Applicant Shall Complete Rezoning Application Packet:

To initiate an amendment, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written information, which shall constitute a preliminary Master Plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include:

8F-6-4.1 A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements.

8F-6-4.2 Existing zoning, land use and ownership of each parcel proposed for the district.

8F-6-4.3 A general statement of planning objectives to be achieved by the PBD district, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented, and objectives towards any specific human-made and natural characteristics located on the site.

8F-6-4.4 A description and analysis of existing site conditions, including information on topography, historic resources, natural water courses, floodplains, unique natural features, tree cover areas, known archeological resources, etc.

8F-6-4.5 The proposed conceptual location of each land use type of the proposed development. These designations shall be flexible, however site plan approval of a use which is located in an area for which it was not planned shall be contingent upon receipt of a revised Master Plan which reflects the change, and which is acceptable to the Planning Commission or the zoning administrator.

8F-6-4.6 The gross square footage for each use type proposed in the PBD.

8F-6-4.7 The proposed size, location and use of other portions of the tract, including landscaping and parking.

8F-6-4.8 A traffic circulation plan, including the location of access drives, parking and loading facilities, pedestrian walks and the relationship to existing and proposed external streets and traffic patterns. General information on the trip generation, ownership, maintenance and proposed construction standards for these facilities should be included. A Traffic Impact Analysis may be required by the zoning administrator.

8F-6-4.9 If a reduction to the number of parking spaces is requested, a justification for this request shall be submitted. Based on adequate justification, the commission may recommend, and the Board may approve such a reduction.

8F-6-4.10 The proposed schedule of site development. At a minimum, the schedule should include an approximate commencement date for construction and a proposed build-out period.

8F-6-4.11 Generalized statements pertaining to architectural design principles and guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, signage plans, landscaping, etc.

8F-6-4.12 Signage in the proposed PBD shall be in accordance with this ordinance, or an alternative signage plan specifically for the PBD may be submitted concurrently, or separately. Such an alternative plan shall be reviewed by the Planning Commission for a recommendation and then shall be approved or denied by the Board of Supervisors.

8F-6-5 Planning Commission to Review Applications:

The completed rezoning application and supporting preliminary Master Plan materials shall be submitted to the Planning Commission for review and analysis. The commission shall review this information and make a report of its findings to the Board of Supervisors. The commission shall as part of its review hold a public hearing pursuant to section 15.2-2204 of the Code of Virginia, as amended. The proposed district shall be posted with signs indicating the date and time of the commission public hearing.

8F-6-6 Commission to Make Report:

The commission shall make a report of its findings to the Board of Supervisors within one hundred (100) days after the first meeting of the commission at which the application may be considered, unless the applicant requests or agrees to a delay or postponement in the commission's action, or requests or agrees to an extension of this time frame. The commission's report shall recommend approval, approval with modifications, or disapproval of the PBD and accompanying preliminary Master Plan. Failure of the commission to make a report of its findings to the Board of Supervisors within this period shall constitute a Commission recommendation of approval.

8F-6-7 Modifications to Preliminary Master Plan:

If the commission recommends denial of the preliminary Master Plan, or approval with modification, the applicant shall, if requested in writing, have sixty (60) days to make any modifications. If the applicant desires to make any modifications to the preliminary Master Plan, the Board of Supervisors' review and action shall be delayed until such changes are made and submitted for review.

8F-6-8 Board of Supervisors to Hold Hearing:

The Board of Supervisors shall review the PBD application and preliminary Master Plan, and after holding a public hearing act to approve or deny the plan within ninety (90) days after such hearing. Approval of the preliminary Master Plan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to Article 29 of this ordinance. The Plan approved by the Board of Supervisors shall constitute the final Master Plan for the PBD. Once approved by the Board of Supervisors, the zoning administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PBD district.

8F-7-1 Major Revisions:

Major revisions to the final Master Plan shall be reviewed and approved following the procedures and requirements of 8F-6. Major revisions include, but are not limited to changes such as:

8F-7-1.1 Any significant increase in the density of the development;

8F-7-1.2 Substantial change in circulation or access;

8F-7-1.3 Substantial changes in the mixture of land uses (substantial shall be any increase or decrease in floor area of a particular land use type of more than forty percent (40%)).

8F-7-1.4 Any other change that the zoning administrator finds is a major divergence from the approved final Master Plan.

8F-7-2 Minor Amendments:

All other changes in the final Master Plan shall be considered minor amendments. Minor amendments may be approved by the zoning administrator or Planning Commission as part of the site plan review process for the site plan submittal which proposes to implement such a change.

8F-8-1 Site Development Plans:

Following the approval of the final Master Plan, the applicant or its authorized agent, shall be required to submit site development plans for approval. Site plans for any phase or component of the PBD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for site plans are found in Article 20 of this ordinance.

8F-8-2 Independent Subdivision Review:

It is the intent of this section that subdivision review within a PBD be carried out independently, under the regulations set forth in the Subdivision Ordinance.

8F-9-1 Time Limits:

If the applicant fails to submit a Site Plan for at least one (1) portion of the Planned Business Development District within twenty-four (24) months of the approval of the PBD and final Master Plan, the zoning administrator shall review the matter and consider whether or not to recommend that the Board of Supervisors take action to rezone the PBD to the district designations in effect prior to the approval of the final master plan.

8F-10-1 Periodic Inspections and Permit Review:

The zoning administrator shall periodically inspect the site and review all building permits issued for the development to ensure compliance with the submitted development schedule.

8F-11-1 Provisions:

In order to ensure unified control of a PBD development without requiring common ownership of all property within the PBD, the following provisions must be met to provide for united control:

8F-11-1.1 Unification by common development criteria in covenants and restrictions recorded among the land records of the Culpeper County Circuit Court, which criteria meet the intent of the Master Plan for the PBD.

8F-11-1.2 Unification through formation of an Owner's Association which will ensure common areas and features are developed and maintained which meet the intent of the Master Plan and comply with the covenants and restrictions.

8F-11-1.3 The covenants and restrictions shall be submitted for review with the petition for PBD zoning.
(Ord. of 6-1-1999)

Editor's note— Article 8F was adopted in its entirety on 6-1-1999.