City Council

TOWN OF OCCOQUAN Town Hall, 314 Mill Street, Occoquan, VA 22125 www.occoquanva.gov | info@occoquanva.gov | (703) 491-1918 PLANNING COMMISSION MEETING October 27, 2021 | 6:30 p.m. 1. Call to Order 2. Citizen Comments 3. Approval of Minutes a. September 29, 2021 Meeting Minutes 4. Action Items a. Request to Consider Zoning Text Amendments to Town Code § 157.304 (B)(12) Regarding Illuminated Signs and to Set Public Hearing Date b. Request to Consider Zoning Text Amendments to Town Code § 157.121 to Permit Residential Use By-Right in One Story Buildings Fronting Commerce and Ellicott Streets in the B-1 Zoning District and to Set Public Hearing Date c. Request to Set Public Hearing Date for Zoning Text Amendments Relating to Land Development Process d. Request to Set Public Hearing Date for Comprehensive Plan Update 5. Discussion Items a. Comprehensive Plan Update b. Community Plan Addendum Status Update c. Planning Commission Priorities Update  Strategic Relationship Building  Alpine X/North Woodbridge Town Center 6. Adjournment Eliot Perkins Chair, Planning Commission Portions of this meeting may be held in closed session pursuant to the Virginia Freedom of Information Act. Page 1 of 28  TOWN OF OCCOQUAN PLANNING COMMISSION Town Hall – 314 Mill Street, Occoquan, VA 22125 MEETING DATE: 2021-09-29 MEETING TIME: 6:30 PM Present: Chairperson Eliot Perkins, Commissioners Darryl Hawkins, Ann Kisling, Ralph Newell, Ryan Somma Town Staff: Kirstyn Jovanovich, Town Manager; Bruce Reese, Town Engineer (remote), Martin Crim, Town Attorney (remote) 1. Call to Order The Planning Commission meeting was called to order by Chairman Perkins on 2020-09-29, at 6:30 p.m. Secretary for Meeting Commissioner Somma took minutes for the meeting. 2. Citizen Comments There were no comments. 3. Approval of Minutes a. August 25, 2021 Meeting Minutes Commissioner Somma motioned to approve the minutes. Commissioner Kisling seconded. The motion passed unanimously by voice vote. b. September 7, 2021 Meeting Minutes Commissioner Somma motioned to approve the minutes. Commissioner Kisling seconded. The motion passed unanimously by voice vote. 4. Discussion Items Chairperson Perkins introduced a new member of the Planning Commission, Ralph Newell. Commissioner Newell said he has lived in Occoquan since 2015 or 2016. He takes a vested interest in the future of the town. He served as an Election Officer for the County, has volunteered for the Honor Guard, and is an IT specialist for communications company in Fairfax. His father was a Planning Commissioner and he sat in on many meetings as a youth. Page 2 of 28 Planning Commission Meeting Minutes September 29, 2021 Page 2 a. Comprehensive Plan Update Ms. Jovanovich said the initial schedule was overly aggressive. The Comprehensive Plan update is almost done. The schedule sets a public hearing over the Comprehensive Plan for December in a joint meeting with the Town Council. This will meet the deadline to update the Plan every five years. She sent an email this evening to Commissioners with presentation slides and the Community Plan to review and provide feedback by October 8th. She needs feedback on the guiding principles or any missing elements. There will be a public meeting in January to avoid holidays for the draft addendum. 5. Action Items a. Request to make Recommendation to Town Council on Occoquan River Crossing Transmission Main Site Plan (SP-2021-007) Mr. Reece gave an overview of the plan. The Fairfax Water Authority (FWA) will be drilling a tunnel under the river containing two pipes to increase supply to the area. There are already pipes running under the river. The FWA is thinking long term about water service. Impact to the Town is well less than an acre and mostly involves stormwater management. The site plan will seek to resolve stormwater issues in Mill Park by creating a wall to divert water into an underwater storage system. Ms. Jovanovich noted that the next item in the agenda, the Zoning Text Amendments, will keep site plans that meet the code requirements from coming before the Planning Commission as they are ministerial in nature. Generally speaking, the Planning Commission won't be seeing these kinds of site plans in the future. Only when applicants seek exceptions to the Town Code. Commissioner Kisling moved to recommend approval of the Site Plan SP-2021-007. Commissioner Somma seconded. The motion passed unanimously by voice vote. b. Request to make Recommendation to Town Council on Zoning Text Amendments Relating to Land Development Process Mr. Reece said it's a very rare occasion that jurisdictions put these kinds of plans before a Planning Commission. This puts the Planning Commission in the awkward position of having no choice but to approve site plans that meet code requirements in public even if they are unpopular. Chairperson Perkins summarized that only applications needing exceptions will come to the Planning Commission. Mr. Reece recommended in section 155.003 that the “XXX” be replaced with “2,500 square feet.” Plans with less than 2,500 square feet of land disturbance don't fall within Chesapeake Bay Preservation Act requirements. Mr. Crim suggested that Sections 155.006 and 155.003 should replace the “XXX” with 625 square feet. This will allow for review opportunities for projects within certain zones that don’t meet the Chesapeake Bay Preservation Act requirements, but may still warrant a review process. Ms. Jovanovich said this change also addresses the case of site plans not being needed for small changes. These plans can cost $200 plus contractor fees. The Town still wants to have eyes on plans in the B1 area, which is the reason for the 625 square feet minimum. These changes will improve the process to make it faster and make it less expensive for homeowners. It also reduces administrative overhead. By simplifying this it will bring more people into compliance. Page 3 of 28 Planning Commission Meeting Minutes September 29, 2021 Page 3 Commissioner Somma moved to recommend approval of the proposed ordinance, as amended to replace the triple X's with 625 square feet. Commissioner Kisling seconded. The motion passed unanimously by voice vote. 6. Discussion Items ▪ Alpine X/North Woodbridge Town Center Chairperson Perkins said there is a developer looking to develop a marina district in Belmont Bay to fully realize that area. There are now three things bringing potential competition, traffic, and impact our river. This area is going to look fundamentally different from how it looks today. We will need to get after these developments and make sure the Town Council has a good understanding. Commissioner Somma noted there is now a stock offering from Alpine X. 10. Adjournment The meeting was adjourned at 6:57 p.m. ____________________________________________ Eliot Perkins: Perkins Chair, Planning Commission Submitted by Ryan Somma, Planning Commission Secretary Page 4 of 28  TOWN OF OCCOQUAN PLANNING COMMISSION Agenda Communication 4. Action Items Meeting Date: October 27, 2021 4A: Request to Consider Zoning Text Amendments to Town Code § 157.304 (B)(12) Regarding Illuminated Signs and to Set Public Hearing Date Attachments: a. Resolution to Refer ZTA b. Draft Ordinance Submitted by: Bruce Reese Town Engineer Explanation and Summary: During its October 5, 2021 meeting, the Town Council referred a zoning text amendment regarding illuminated signs to the Planning Commission. The proposed draft Ordinance amending Town Code § 157.304 (B)(12) is attached. Staff is recommending this zoning text amendment in order to clarify the allowance of indirect lighting for signage, while continuing to prohibit internally lighted signage, with some exceptions. Staff previously confirmed with the Architectural Review Board that the intent was to allow indirect lighting for signage. Staff will provide an overview of the proposed amendments to the Planning Commission during their meeting. This is a request for the Planning Commission to review these changes, provide feedback, and to set a public hearing date. Staff Recommendation: Staff is recommending setting a public hearing date for the draft ordinance as presented. Proposed/Suggested Motion(s): “I move to set a public hearing date of ______________ on the draft ordinance.” OR Other action the Commission deems appropriate. Page 5 of 28 Page 6 of 28  ORDINANCE # O-2021-XX AN ORDINANCE TO AMEND TOWN CODE § 157.304 (B)(12) REGARDING ILLUMINATED SIGNS WHEREAS, the Town Zoning Code contains various provisions governing indirect lighting of signs and permitting backlit signs; and WHEREAS, Town Code § 157.304 (B)(12) prohibits illuminated signs, except for box signs; and WHEREAS, the definition of “illuminated sign” currently reads “A sign that is backlit, internally lighted, or indirectly lighted, but does not include a neon sign”; and WHEREAS, the Town Planning Commission and Town Council wish to eliminate the inconsistency in the Town Zoning Ordinance by eliminating the prohibition of illuminated signs and replacing it with a prohibition on internally lighted signs except for box signs (which may be internally lighted under Town Code § 157.307 (B)) and marquees (which may be internally lighted under Town Code § 157.321 (table)). NOW, THEREFORE, BE IT ORDAINED by the Council for the Town of Occoquan, Virginia meeting in ____________ session this day of , 2021: 1. That the Town Council hereby amends Town Code § 157.304 (B)(12) as follows: § 157.304 PROHIBITED SIGNS. In addition to signs prohibited elsewhere in this code or by applicable state or federal law, the following signs are prohibited. (A) General prohibitions. General prohibitions include: (1) Signs that violate any law of the state relating to outdoor advertising; (2) Signs attached to natural vegetation; (3) Signs simulating, or which are likely to be confused with, a traffic control sign or any other sign displayed by a public authority. Any such sign is subject to immediate removal and disposal by an authorized town official as a nuisance; (4) Vehicle or trailer signs; 1 Page 7 of 28  (5) Freestanding signs more than 15 feet in height; (6) Vending machines within the Old and Historic Occoquan District that are outside of a wholly enclosed structure; and (7) Any sign displayed without complying with all applicable regulations of this chapter. (B) Prohibitions based on materials. Prohibitions based on materials include: (1) Signs painted directly on a building, driveway, or road, except where expressly permitted by this chapter; (2) Animated signs; (3) Flashing signs; (4) Non-white colored signs consisting of illuminated tubing or strings of lights outlining property lines or open sales areas, rooflines, doors, windows, or wall edges of any building, except during the period October 15 through February 15; (5) Signs that emit smoke, flame, scent, mist, aerosol, liquid, or gas; (6) Signs that emit sound; (7) Any electronic sign that is generated by a series of moving images, such as a TV, digital display, or other video technology, whether displayed on a building, vehicle, or mobile unit; (8) Strings of flags (two or more connected together) visible from, and within 50 feet of, any public right-of-way; (9) Pole signs less than six feet in height; (10) Feather signs; (11) Inflatable signs; (12) Illuminated Internally lighted signs, except for marquees and box signs; and (13) Neon signs. 2 Page 8 of 28 (C) Prohibitions based on location. Prohibitions based on location include: (1) Off-premises signs; (2) Signs erected on public land other than those approved by an authorized town official in writing, required by law without such approval, or permitted under VA Code § 24.2-310 E. Any sign not so authorized is subject to immediate removal and disposal by any authorized official. Removal of the sign under this provision does not preclude prosecution of the person responsible for the sign; (3) Signs on the roof surface or extending above the roofline of a building or its parapet wall; (4) Any sign which obstructs visibility for motorists or pedestrians at an intersection; (5) Window signs whose aggregate area on a window or door exceed 25% of the total area of the window or door; and (6) Commercial signs are not permitted as yard signs in business districts. 2. That this ordinance is effective upon passage. PASSED AND ADOPTED by the Town Council of the Town of Occoquan on this____ day of ____, 2021. BY ORDER OF THE TOWN COUNCIL MEETING DATE: Town Council Meeting Ord. No. O-2021-XX RE: An Ordinance to Amend Town Code § 157.304 (B)(12) Regarding Illuminated Signs MOTION: SECOND: ACTION: Votes: Ayes: Nays: 3 Page 9 of 28 Absent from Vote: Absent from Meeting: CERTIFIED COPY_________________________________________________ Town Clerk 4 Page 10 of 28  TOWN OF OCCOQUAN PLANNING COMMISSION Agenda Communication 4. Action Items Meeting Date: October 27, 2021 4B: Request to Consider Zoning Text Amendments to Town Code § 157.121 to Permit Residential Use By-Right in One Story Buildings Fronting Commerce and Ellicott Streets in the B-1 Zoning District and to Set Public Hearing Date Attachments: a. Resolution to Refer ZTA b. Draft Ordinance Submitted by: Bruce Reese Town Engineer Explanation and Summary: During its October 5, 2021 meeting, the Town Council referred a zoning text amendment regarding allowing residential use by-right in one story buildings fronting Commerce and Ellicott Streets in the B-1 zoning district to the Planning Commission. The proposed draft Ordinance amending Town Code § 157.121 is attached. In September 2017, the Town Code was updated to only allow residential use in the B-1 zoning district by special exception permit approved by the Town Council. This change was made to preserve sufficient real estate for a thriving commercial district by preventing conversion of commercial properties to residential use and encourage mixed uses within the district. The Town Code further specifies that general residential uses in the B-1 may not occupy the floor of the building that is adjacent to the primary street and/or sidewalk. This zoning text amendment request is in response to concerns expressed by some property owners who own properties outside of the central business corridor, but within the B1, that are one-story structures. As one-story dwellings, the properties are not situated for mixed-use and would not be eligible for a special use permit for residential use since the residential use would be adjacent to the primary street and/or sidewalk. This zoning text amendment would allow for one-story properties fronting Commerce Street and Ellicott Street only to be used as residential, commercial or mixed-use properties by-right. All other properties located within the B-1 would still require a special use permit for residential use regardless of structure type. At this time, four properties located on Ellicott and Commerce Streets are single story properties. Page 11 of 28 Staff will provide an overview of the proposed amendments to the Planning Commission during their meeting. This is a request for the Planning Commission to review these changes, provide feedback, and to set a public hearing date. Staff Recommendation: Staff is recommending setting a public hearing date for the draft ordinance as presented. Proposed/Suggested Motion(s): “I move to set a public hearing date of _______, on the draft ordinance.” OR Other action the Commission deems appropriate. Page 12 of 28 Page 13 of 28  ORDINANCE # O-2021-_____ AN ORDINANCE TO PERMIT RESIDENTIAL USE BY-RIGHT IN ONE STORY BUILDINGS FRONTING COMMERCE AND ELLICOTT STREETS IN THE B-1 ZONING DISTRICT WHEREAS, Town Code § 157.121 (B)(4) allows residential uses in the B-1 district only by special exception and only on floors above street/sidewalk level; and WHEREAS, a small number of buildings in the B-1 district have one story and many of those were built for residential use or have been primarily used for residential purposes over their histories; and WHEREAS, the intent of Council in requiring a special exception for residential use in the B-1 district was to preserve sufficient real estate for a thriving commercial district by preventing conversion of commercial properties to residential use; and WHEREAS, the use of one story buildings for residential purposes away from the commercial heart of the Town does not pose the same risk of losing prime commercial locations as would be posed by residential use of taller buildings or buildings in the commercial heart of the Town. NOW, THEREFORE, BE IT ORDAINED by the Council for the Town of Occoquan, Virginia meeting in ____________ session this day of , 2021: 1. That the Town Council hereby amends Town Code § 157.121 as follows: § 157.121 USES PERMITTED. Structures to be maintained or erected, or land to be used, shall be restricted to one or more of the following uses. (A) Uses permitted by right. Uses permitted by right are as follows: (1) Home appliance services; (2) Bakeries; (3) Banks; (4) Barbershops and beauty shops; (5) Bed and breakfasts; (6) Clubs and lodges; (7) Drugstores; (8) Festivals, town sponsored; (9) Hotels; (10) Laundry facilities; (11) Libraries; (12) Machinery sales and service; (13) Medical uses; Page 14 of 28  (14) Office buildings; (15) Places of assembly with less than 25 seats, as an accessory to the principal use; (16) Plumbing and electrical supply stores (with storage under cover); (17) Public utilities, including poles, lines, distribution transformers, pipes, meters or other facilities necessary for the provision and maintenance of public utilities, including water and sewerage facilities; (18) Restaurants, eating places; (19) Retail food stores; (20) Retail stores; (21) Temporary seasonal display, subject to the following conditions: display must be accessory to the principal use of the property; and display may not be present for more than 45 days; (22) Waterfront business activities: wholesale and retail marine, such as boat docks, piers, small boat docks, yacht clubs and marine servicing facilities; dock and areas for receipt, storage, and transshipment of waterborne commerce; and recreational activities, primarily conducted on or about a waterfront. All such uses shall be contiguous to a waterfront.; and (23) Detached single-family dwelling in a one-story building that fronts on Commerce Street or Ellicott Street. (B) Uses permitted by special exception permit approved by Town Council. Uses permitted by special exception permit approved by Town Council are as follows: (1) Auto services; (2) Child care facilities; (3) Funeral homes; (4) General residential uses, subject to the following condition: residential uses may not occupy the floor of the building that is adjacent to the primary street and/or sidewalk; (5) Lumber and building supply stores (with storage under cover); (6) Places of assembly; and (7) Wholesale businesses. 2. That this ordinance is effective upon passage. PASSED AND ADOPTED by the Town Council of the Town of Occoquan on this____ day of ____, 2021. BY ORDER OF THE TOWN COUNCIL MEETING DATE: Town Council Meeting Ord. No. O-2021-XX Page 15 of 28 RE: An Ordinance to Permit Residential Use By-Right in One Story Buildings Fronting Commerce and Ellicott Streets in the B-1 Zoning District MOTION: SECOND: ACTION: Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: CERTIFIED COPY_________________________________________________ Town Clerk Page 16 of 28  TOWN OF OCCOQUAN PLANNING COMMISSION Agenda Communication 4. Action Items Meeting Date: October 27, 2021 4C: Request to set Public Hearing Date for Zoning Text Amendments Relating to Land Development Process Attachments: a. Draft Ordinance Submitted by: Bruce Reese Town Engineer Explanation and Summary: At the September 29, 2021 meeting, the Planning Commission reviewed a Town Council referred zoning text amendment relating to the land development process. The next step in this process is to set a public hearing date. The proposed draft Ordinance is attached. Staff Recommendation: Staff recommends setting a public hearing date. Proposed/Suggested Motion(s): “I move to set a public hearing date of _________, on the draft ordinance.” OR Other action the Commission deems appropriate. Page 17 of 28  ORDINANCE # O-2021-_____ AN ORDINANCE TO AMEND §§ 155.003, 155.025, 155.040, 155.041, 155.043, 155.044, 155.045, 155.046, 155.061, 155.062, 156.001, 156.003, 156.015, 156.030, 156.032, 156.049, 156.066, 156.068, 156.084, AND 156.085 OF THE TOWN CODE TO ADD A SECTION NUMBERED 155.006, AND TO REPEAL SECTIONS 155.042 AND 155.063, GENERALLY RELATING TO LAND DISTURBANCE, SITE PLAN, AND SUBDIVISION PLAT REQUIREMENTS AND APPROVAL WHEREAS, Current Town Code requires a site plan for any use or development in the B-1 District, regardless of impact, which presents an unnecessary administrative burden on property owners, and WHEREAS, Current Town Code requires Council approval for all site plans, even though review of site plans is, by state law, a ministerial act and largely non-discretionary; BE IT ORDAINED by the Council for the Town of Occoquan, Virginia meeting in ____________ session this day of , 2021: 1. That the Town Council hereby amends Town Code §§ 155.003, 155.025, 155.040, 155.041, 155.043, 155.044, 155.045, 155.046, 155.061, 155.062, 156.001, 156.003, 156.015, 156.030, 156.032, 156.049, 156.066, 156.068, 156.084, and 156.085 as follows: CHAPTER 155. SITE PLAN § 155.003 DEVELOPMENT OF LAND USE REQUIRING SITE PLAN. Except as provided in Section 155.006, A a site plan is required and shall be submitted for approval of: (A) Any use or development in the B-1 District; Any development that involves the provision of public improvements, such as curbs, parking, water, sewer and stormwater facilities; (B) Any land use or development in the R-2 District, in any residential planned community division, or the R-1 District; Any improvements involving land disturbance over 625 square feet in area; (C) Churches, schools, hospitals, and nursing homes; Any additions to existing multifamily, commercial or industrial buildings and uses in excess of 10% of the sum of all gross horizontal areas under a roof or roofs, measured from the exterior faces of walls or from the center-line of party walls, excluding elevator and stair bulkheads, multi-story atriums and similar volumetric construction, not involving floor space; 1 Page 18 of 28 (D) Any exterior addition or change in any existing residential use or development when changing the residential use to commercial, industrial, or institutional use; Any addition to a Place of Assembly as defined in Town Code § 157.008; and (E) Any land use or development for which a special use permit (except signs) is required., except single trailers. and signs. § 155.025 NUMBER AND SIZE OF SHEETS; NUMBER OF COPIES. (A) A site plan may be prepared in one or more sheets to show clearly the information required by this Chapter 155 and to facilitate review and approval of the plan. If prepared in more than one sheet, match lines shall clearly indicate where the several sheets join. (B) The sheets to be used shall be 24 inches by 36 inches, or any multiple thereof. (C) The applicant shall submit a full set of the site plan in a computer file format acceptable to the Town along with two clearly legible blue or black line copies (four administrative, plus Planning Commission members) of a site plan, prepared in accordance with the requirements of this chapter 155, are required to be submitted for approval, as provided in this chapter. § 155.040 SUBMISSION OF SITE PLAN. The required number of copies of the site plan, preliminary or final, shall be filed with the Town Engineer or designee.Planning Commission The filing of the plan, signed by the applicant or his or her agent, shall constitute the application for approval. The plan shall be accompanied by a receipt from the Town Treasurer evidencing the payment of all site plan fees, as prescribed by the Town Council for the examination and approval of site plans. § 155.041 RESPONSIBILITY OF THE PLANNING COMMISSION GENERALLYREVIEW OF SITE PLAN. The Town Engineer, assisted by other staff, applicable state agencies, and applicable public authorities, shall review each site plan application for compliance with state code, the Town Comprehensive Plan, and Town ordinances and for consistency with development standards that promote and protect public health, safety, and welfare. Where Town ordinances do not explicitly provide a standard for development, the Town Engineer shall be guided by the applicable provisions of the Prince William County Design and Construction Standards Manual as in effect on the date of the application. The Town Engineer is responsible for forwarding the site plan to state agencies or other public authorities as necessary and for compliance with the time limitations for review under Virginia law. The Planning Commission is responsible for checking the site plan for general completeness and compliance with the adopted plans or such administrative requirements as may be established prior to routing copies to reviewing agencies or officials. It shall see that all examination and review of the site plan are completed by the approving authorities. The Planning Commission shall recommend approval or disapproval of the site plan to the Town Council, in accordance with reviewing authorities’ recommendations. It shall then return to the applicant two copies of the site plan, together with modifications, noting 2 Page 19 of 28 any changes that will be required. Such return to the applicant shall be made not later than 45 days from the date of submission, except under abnormal circumstances. § 155.043 PERIOD OF VALIDITY OF APPROVED SITE PLAN. An approved preliminary site plan shall become null and void if the final site plan is not submitted to the Planning Commission Town Engineer within six months from the date of approval of the preliminary plan. An approved final site plan shall be valid for a period of five years from the date of approval thereof. A site plan shall be deemed final once it has been reviewed and approved by the Council Town Engineer if the only requirement remaining to be satisfied in order to obtain a building permit is the posting of any bonds and escrows. Construction or development may begin upon approval by Council the Town Engineer of the final site plan, upon payment of site plan fees and acquisition of construction permits. The Planning Commission Town Engineer may grant a single one-time, six-month extension, upon written request of the applicant, made at least 30 days before the expiration of the approved site plan. § 155.044 MINOR ADJUSTMENTS OF APPROVED SITE PLAN; EFFECT OF DEVIATIONS FROM APPROVED SITE PLAN. After a site plan has been approved by the Town Council Town Engineer, minor adjustments of the site plan, which comply with the spirit of this section and other provisions of this subchapter Chapter 155, with the intent of the approving bodies in their approval of site plans, and with the general purpose of the master plan for development of the area, may be approved by the Planning Commission Town Engineer, with concurrence of the reviewing authorities concerned. Deviation from an approved site plan without the written approval of the Planning Commission shall void the plan, and the Planning Commission shall require the applicant to submit a new site plan for consideration. Any such minor adjustment must be in writing signed by the Town Engineer to be effective. No such minor adjustment shall be granted that has the effect of a zoning variance. § 155.045 MAJOR REVISIONS OF APPROVED SITE PLAN; WAIVER OF REQUIREMENTS OF SUBCHAPTER CHAPTER 155. Application for approval of any major revision of an approved site plan may be made in the same manner as for approval of an original site plan; and any requirement of this subchapter Chapter 155 may be waived by the Town Council Town Engineer in specific cases where such requirement is found to be unreasonable in terms of burden on the developer in relation to the public benefit and where such waiver will not be adverse to the purposes of this subchapter Chapter 155. Any such waiver shall be made in writing supported by an analysis of the private burden and public benefit involved and the substitute, if any, proposed in place of the waived requirement. No such waiver shall be granted that has the effect of a zoning variance. § 155.046 EXTENSION OF SITE PLAN APPROVALS TO ADDRESS HOUSING CRISIS. (A) Any valid final site plan outstanding as of January 1, 2009, shall remain valid until July 1, 3 Page 20 of 28 2014, or such later date provided for by the terms of the town’s approval, local ordinance, resolution, or regulation, or for a longer period as agreed to by the Town Council by express action and recorded roll call vote. Any other plan or permit associated with such site plan extended by this section shall likewise be extended for the same time period. (B) The extension of site plan validity provided under state law to address the housing crisis in division (A) above shall not be effective unless any performance bonds and agreements or other financial guarantees of completion of public improvements in or associated with the proposed development are continued in force. § 155.061 CONSTRUCTION REQUIREMENTSINSPECTION OF IMPROVEMENTS. The construction standards for off-site improvements and on-site improvements, required by this chapter, shall conform to the design and construction standards of the town. The Planning Commission or its agents shall approve the plans and specifications for all required improvements, and The Town Engineer and applicable state or local agencies shall inspect the installation of such improvements shown on the approved final site plan to assure conformity to the plan. Such inspection and approval of the improvements is required for bond release. § 155.062 AGREEMENT AS TO CONSTRUCTION. Prior to approval of the final site plan, the applicant shall execute an agreement to construct such required improvements as are located within public rights-of-way or easements or such as are connected to any public facility, and shall file a performance bond with surety acceptable to the town in the amount of the estimated costs of the required improvements, as determined by the Planning Commission. CHAPTER 156. SUBDIVISIONS § 156.001 DEFINITIONS. [The following definition is modified as shown; the remainder of the section is unchanged by this ordinance] AGENT. The representative of the Planning Commission Town who has been appointed to serve the Commission Town Council in the processing, reviewing, and approving of preliminary subdivision plats. § 156.003 EXCEPTION. (A) Where the subdivider can show that a provision of these standards would cause unnecessary hardship if strictly adhered to, and where, because of topographical or other conditions peculiar to the site, and where, in the opinion of the agent, an exception may be made without destroying the intent of such provisions, the agent, with approval of the Council, may authorize an exception. 4 Page 21 of 28 (B) (1) Any exception to be authorized shall be stated, in writing, by the agent, with the reasoning upon which the exception is justified, and shall be noted on the plat. (2) No exception to this Chapter 156 may be granted if it is opposed, in writing, by the highway engineer or health official Virginia Department of Transportation or the Virginia Department of Health. § 156.015 APPOINTED. The agent appointed by the Town Council is delegated the responsibility and authority to oversee administration of this Chapter 156 and shall have the responsibility of approving or denying the preliminary plats. § 156.030 PLATTING REQUIRED. Any owner or developer of any tract of land situated within the town who subdivides a parcel of land shall prepare a plat of such subdivision, in accordance with the provisions of this Chapter 156, and shall record the plat in the office of the Clerk of the Court. No such subdivision plat shall be recorded unless it has been submitted to approved by the agent, approved, and certified by the Planning Commission in accordance with the regulations set forth in this Chapter 156. § 156.032 APPEALS. If a final plat of a subdivision is denied by Planning Commissionthe agent, the subdivider may appeal the decision of the Planning Commission agent to the Circuit Court of the county. If a preliminary plat has been denied by the agent, the subdivider may appeal the decision of the agent to the Planning Commission. § 156.049 CHANGES. No change, erasure, or revision shall be made on any subdivision plat intended for recording, nor on accompanying data sheets, after the written approval of the Planning Commission agent on the plat or sheets, unless written authorization for such change has been granted by the agent Planning Commission. § 156.066 SUITABLE LAND. The Planning Commission agent may not approve the subdivision of land if it has been determined that, from adequate investigations conducted by all public agencies concerned and in the best interest of the public, the site is not suitable for the platting and development purposes being proposed. The Planning Commission agent may require the subdivider to furnish topographic maps, floodplain profile elevation information, or other relevant information. § 156.068 IMPROVEMENTS. (A) Cost of required improvements. All required improvements shall be installed by the subdivider at his or her cost. Specifications that have been established either by the State Department of Transportation (VDOT) for streets or town regulations, ordinances, and codes 5 Page 22 of 28 shall be followed. The subdivider’s bond shall not be released until all construction has been completed and approved by the Town Engineer or appropriate official. All improvements shall be in accordance with the requirements of this section. (B) Construction of public streets. All public streets in the proposed subdivision shall be designed and constructed in accordance with the standards set by VDOT for acceptance into the state secondary road system, and at no cost to the town. (1) Alignment and layout. (a) The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas and proposed streets, as shown on the approved site plan. The street arrangement must cause no unnecessary hardship to owners of adjoining property when seeking convenient access to their property. (b) Where, in the opinion of the agent, it is desirable to provide for street access to adjoining properties, the right-of-way of the proposed streets shall be extended to the boundary line of such properties. (c) Half streets along the boundary of land proposed for subdivision shall not be permitted, unless approved by Town Council. (d) Wherever possible, streets shall intersect at right angles. In all hillside areas, streets running with contours shall be required to meet the intersecting streets at angles of not less than 60 degrees unless approved by the agent upon recommendation of the highway engineer. (2) Alleys in new subdivisions. Use of alleys in new subdivisions is not permitted. (3) Private streets. (a) Private streets shall not be allowed in any new subdivisions; except that townhouse, multifamily, and apartment projects may have access to a publicly maintained road via a private street, provided that it meets the appropriate design standards as approved by the Planning Commission of the town regulations Town Engineer. In no case shall there be reserve strips. (b) Private streets shall be platted such that all lot owners are assured perpetual right of access to a publicly maintained street. The final plat shall note each private street as “privately owned and privately maintained by the lot owner(s)”. The final plat shall also provide an adequate easement for ingress, egress, maintenance of utilities, and public agencies, including police and fire departments. (c) Private streets shall be constructed of minimum pavement design of six-inch 21A subgrade and two-inch SM-2A asphalt surface, or other such road section approved by the Town Engineer. Dead-end streets or cul-de-sacs shall be terminated with a turnaround approved by the Town Engineer. (4) Names. (a) Proposed streets that are obviously in alignment with other existing and named streets shall bear the names of the duplicate existing street names, regardless of the use of the suffixes “street”, “avenue”, “boulevard”, “road”, “driveway”, “place”, “lane”, or “court”. (b) Street names shall be indicated on the preliminary and final plats and shall be approved by the Council. (c) Names of existing streets shall not be changed, except by approval of the Town Council. (d) Street names shall be approved by County GIS for full use in the 9-1-1 system. (5) Identification signs. Street identification signs shall be readable from either side, of a design 6 Page 23 of 28 approved by the Town Council, and installed at all intersections by the subdivider. (C) Monuments. (1) Installation. All monuments shall be installed by the subdivider and shall meet the minimum specifications described in this division (C). Upon completion of subdivision streets, sewers, and other improvements, the subdivider shall make certain that all required monuments are clearly visible for inspection and use. Such monuments shall be inspected and approved before an occupancy permit is issued by the Building Official. (2) Location. All lot corners shall be marked with iron pipe not less than three-fourths inch in diameter and 18 inches long, and driven so as to be flush with the finished grade. (D) Water facilities. Public water service shall be extended by the subdivider to all lots within a subdivision, in accordance with the approved site plan. (E) Sewerage facilities. Public sewerage facilities shall be extended by the subdivider to all lots within a subdivision, and septic tanks will not be permitted. The subdivider shall provide each lot with a satisfactory and sanitary means of sewage collection and disposal in accordance with the approved site plan. (F) Storm drainage facilities. The subdivider shall provide all necessary information needed to determine what drainage improvements are necessary to develop such property. The subdivider shall install the approved storm drainage facilities in accordance with the approved site plan. (G) Fire protection. Fire hydrants shall be required in a subdivision at locations approved by the agent, provided adequate public water is available. The location and design of the fire hydrants shall meet the American Insurance Association’s specifications and be in accordance with the approved site plan. (H) Easements. The Planning Commission agent may require the subdivider to provide easements through adjoining property. The width of easement provided for drainage, water, sewer, power lines, and other utilities in the subdivision shall be determined by the Planning Commission. agent. (I) Plans and specifications. Six blue or black line prints of the plans and specifications, for all required physical improvements to be installed, shall be prepared by an engineer or land surveyor and shall be submitted with the final plat to the agent for approval within 30 days. If approved, one copy, bearing certification of such approval, shall be returned to the subdivider. If denied, all papers, except for one copy, shall be returned to the subdivider, with written reason(s) for denial. (J) Bonding. (1) Performance bond. (a) The subdivider shall furnish a cash bond or equivalent, a surety bond of a surety company, or a certified check, payable to the town, in an amount equal to the total cost of the public improvements determined by the Council agent using the most recent county unit price list. Such bond or check shall guarantee that the improvements will be installed within a 7 Page 24 of 28 reasonable length of time in a manner acceptable to the Council. agent. The bond or check shall accompany the final plat. When construction has been completed, approved, and accepted on sections of the required improvements, the Council agent may release the bond submitted for the amount of the entire required improvements or a portion thereof leaving an amount adequate to cover the entire cost of the improvements yet to be constructed, approved, and accepted. (b) Occupancy permits shall not be issued until all proposed public and private improvements on a site plan are completed; however, the Zoning Administrator shall have the authority, in his or her discretion and in appropriate cases, to accept a completion bond in a satisfactory amount to ensure completion of public or private improvements in lieu of actual completion where the Zoning Administrator finds that a completion bond adequately protects future owners. (2) Maintenance bond. The subdivider shall be required to file a maintenance bond with the town in an amount considered adequate and in a form satisfactory to the town, in order to assure the satisfactory condition of the required landscape improvements, for a period of one year after the date of their acceptance. by the Town Council. (3) Phased development. If development is projected over a period of years, the Planning Commission agent may authorize submission of final plats by section or phase of development, subject to requirements or guarantees for improvements in future sections or phases of development essential for the protection of any approved section of development. (4) Absence of bond. In the absence of a performance bond or check, no final plat shall be approved or recorded until the required improvements have been installed and approved by the agent or his or her authorized representative. (5) Final as-built drawings. Final as-built drawings, showing all subsurface utility conditions, shall be provided prior to release of the performance bond. Three certified reproducible copy shall be provided to the agent, with accompanying letter certifying accuracy, submitted in sufficient time to permit review prior to release of performance bond. (K) Sidewalks. Sidewalks shall be constructed in all subdivisions in accordance with the specifications of VDOT. (L) Curb and gutter. Where deemed necessary by the agent the Planning Commission, curbs and gutters shall be installed in accordance with the standards and specifications of the Town Engineer and VDOT. § 156.084 APPROVAL OF FINAL PLAT. The completed plat shall be submitted to the Planning Commission agent for approval. The plat shall not be approved until the subdivider has complied with the general requirements and minimum standards of design in accordance with this Chapter 156 and has made satisfactory arrangements for performance bond, cash, or cash bond to cover the cost of necessary improvements, in lieu of construction, to the satisfaction of the town. Upon the approval by the 8 Page 25 of 28 Planning Commissionagent, the plat will be signed by the Planning Commission or its agent, marked “approved”, and returned to the subdivider, who will cause the plat to be recorded in the Clerk’s office of the Circuit Court of the county. No plat shall be recorded until approval has been made. If the plat submission is denied, the Planning Commission agent will return the plat to the subdivider, indicating corrections to be made by the subdivider. § 156.085 EXTENSION OF SUBDIVISION PLAT APPROVALS TO ADDRESS HOUSING CRISIS. Provisions for extension of zoning approvals shall be in conformance with VA Code§ 15.2- 2209.1. The extension of subdivision plat validity provided under state law to address the housing crisis shall not be effective unless any performance bonds and agreements or other financial guarantees of completion of public improvements in or associated with the proposed development are continued in force. 2. That the Town Council hereby adds a new section numbered 155.006 to the Town Code as follows: § 155.006 SITE SKETCH IN LIEU OF SITE PLAN REQUIREMENT. The following types of development shall not require submission or approval of a site plan, but shall require approval of a site sketch showing the location of all site improvements or alterations, a scale, a north arrow, the site address(es), the name of the preparer, and the date of preparation. The site sketch shall comply with the substantive requirements of this Chapter 155. The Town Engineer will review a submitted site sketch and either issue an approval of it or return it with the reasons for its rejection within 60 days. Prior to commencing the development permitted under the approved site sketch, the property owner shall post a copy of the approval document in a prominent place on the property, visible to the public from the public right-of-way adjacent to the property. The approval document must remain posted in such location until completion of the development. (A) Land disturbance over 625 square feet in area but less than 2,500 square feet in area. (B) Land use or development on a single lot in the R-1 or R-2 district where (i) the lot contains an existing dwelling unit that is not being removed in connection with the land disturbance and (ii) less than 2,500 square feet of land will be disturbed. 3. That Sections 155.042 and 155.063 of the Town Code are repealed. 4. That this ordinance is effective __________________________________. MOTION: 9 Page 26 of 28  Date:______________ SECOND: Regular Meeting Ord. No.___________ RE: ACTION: Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: CERTIFIED COPY_________________________________________________ Town Clerk 10 Page 27 of 28  TOWN OF OCCOQUAN PLANNING COMMISSION Agenda Communication 4. Action Items Meeting Date: October 27, 2021 4D: Request to set Public Hearing Date for Comprehensive Plan Update Attachments: a. Comprehensive Plan Update Draft (to be provided) Submitted by: Kirstyn Jovanovich Town Manager Explanation and Summary: The Planning Commission in the process of updating the Town’s 2016-2026 Comprehensive Plan. A review of the Comprehensive Plan is required every five years. The Planning Commission has drafted proposed updates, which are included in the draft document. This is a request to set a public hearing date for the Comprehensive Plan Update. Staff Recommendation: Staff recommends setting a public hearing date. Proposed/Suggested Motion(s): “I move to set a public hearing date of ________, on the Comprehensive Plan Update.” OR Other action the Commission deems appropriate. Page 28 of 28