Fillable Sup Complete Application Fillable 6-18 2019 (Montgomery County, Virginia)

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Sup Complete Application Fillable 6-18 2019 (Montgomery County, Virginia)

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MONTGOMERYCOUNTY
PLANNING&GISSERVICES
SPECIALUSEPERMIT
APPLICATION
PROCESSAND
PROCEDURES
2 | Page 5/15/2019
TableofContents
SpecialUsePermitProcessandProcedures..........................................................3
SpecialUsePermitApplicationChecklist..............................................................6
Pre‐ApplicationMeetingRequestForm................................................................8
SpecialUsePermitApplicationForm....................................................................10
SpecialUsePermitRegulations............................................................................11

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Montgomery County Planning & GIS Services
Special Use Permit Process & Procedures
Step 1. Contact Planning & GIS Staff.
It is recommended that all prospective applicants meet with County staff to discuss development trends,
appropriate zoning in accordance with proposed use and the County’s Comprehensive Plan. Meetings can
be scheduled with planning staff by contacting Montgomery County Planning & GIS by phone: (540) 394-
2148 or by email: mcplan@montgomerycountyva.gov
Step 2. Preliminary Review Meeting
A preliminary review meeting allows customers to discuss his/her proposal with County staff to ascertain
any additional information required to file a complete application. The Preliminary Review Meeting will
provide customers early input of whether a proposed development will require a submission packet to the
Virginia Department of Transportation (VDOT) in accordance with Code of Virginia §15.2-2222.2 and 24
VAC 30-155 effective July 1, 2007. Please contact the Planning Department to determine if a review meeting
is required and/or to schedule a Preliminary Review Meeting. If a review meeting is required, the Preliminary
Review Meeting Form (pg. 8) must be received no less than 2 weeks prior to the meeting date.
Step 3. Traffic Impact Analysis and Scope of Work Meeting.
Development projects located within 3,000 feet of a state-controlled non-limited access highway or to a
connection to a state-controlled limited access highway may require the submission of a Traffic Impact
Analysis to the Virginia Department of Transportation (VDOT) with your application. If the proposed SUP
generates the following number of vehicle trips, a Traffic Impact Analysis will be required:
Residential More than 100 vehicle trips per peak hour
Commercial, Office,
Industrial
More than 250 vehicle trips per peak hour or 2,500 vehicle
trips per day
Mixed-Use
More than 100 vehicle trips per peak hour from only the
residential portion OR more than 250 vehicle trips per peak
hour or 2,500 vehicle trips per day from the entire proposal
Additionally, if the proposal would generate more than 1,000 vehicle trips per peak hour, VDOT will require a
Scope of Work Meeting prior to submission of the Traffic Impact Analysis. The Traffic Impact Analysis, if
required must be completed and submitted at the time of filing an application for a special use permit.
Step 4. Complete and Submit Application to Montgomery County Planning
The Special Use Permit Application Form (pg. 10) is required. Please refer to and complete the Special
Use Permit Checklist (pg. 6-7) to ensure all the materials are submitted. Incomplete applications will not
be accepted or placed on the Planning Commission agenda.
Step 5. Review of Proposal (Application)
The Planning Department will review the application for completeness in accordance County ordinances.
If the application is found to be incomplete, the Planning Department will return the application, site plans,
and filing fee to the applicant or agent, with a description of the manner and areas in which the application
is incomplete.
Once an application is determined to be complete, the Planning Department distributes the application and
exhibits to various County departments and outside agencies, when applicable, for review. Development
review departments include Building and Inspections, Public Service Authority, Montgomery County Public
Schools, Emergency Services, Zoning, Environmental Services, VDOT, and Planning. The departments
4 | Page 5/15/2019
review the proposed development for conformity with the Comprehensive Plan, its effect on the area, its
demand on services/infrastructure, and conformity with the County’s development ordinances and
standards.
Applicants and/or their agents will attend a meeting with all the Development Review Committee at its next
scheduled meeting. After receiving comments from the Committee, a revised application and/or site plan,
if required, will be requested if necessary. Notwithstanding any initial determination of completeness, the
Planning Director, the Planning Commission, or the Board of Supervisors may at any time during the review
process find that essential information is lacking and may deem the application incomplete.
APPLICATIONS THAT DO NOT MEET APPLICATION REQUIREMENTS OR HAVE OUTSTANDING
ISSUES THAT NEED TO BE ADDRESSED WILL NOT BE CERTIFIED FOR PUBLIC HEARING.
Step 6. Staff Reports.
The Department of Planning drafts a staff report and distributes to the Planning Commission. Staff reports
are available to the public after receipt by the Planning Commissioners,1 week prior to the Planning
Commission meeting date. Staff reports may be sent, emailed, or held for pick up upon request.
Step 7. Revisions.
Changes to a proposal can be made prior to the scheduled Planning Commission hearing provided:
❒
The proposed use remains unchanged
❒
The revisions are submitted ten (10) business days prior to the scheduled Planning
Commission hearing. This will allow staff time to review the changes and incorporate
pertinent information within the staff presentation at the public hearing. If revisions are
requested after this time, the applicant must request a minimum one month deferral, unless
otherwise waived by the Planning Commission. Minor proffer revisions may be accepted up
until noon on the day of the meeting.
Step 9. Planning Commission Public Hearing.
Planning Commission public hearings are generally held the second Wednesday of each month at 7:00
p.m. Two notices of the scheduled hearing and agenda are published in the local newspaper 2 weeks prior
to the Planning Commission hearing. Individual notices are also sent to the adjacent property owners of
the subject property by the Planning Department. The Planning Commission schedule is included in this
package and can also be found on the Montgomery County website.
At the Public Hearing, County staff provides a brief review of the development being proposed and makes
a recommendation to the Commission. The applicant or authorized representative is required to attend
and is usually expected to make a presentation. A time limit of three minutes is allotted to those who wish
to speak regarding the request. The Planning Commission may waive the time limits based on the merits
of the situation.
The Planning Commission will take one of the following actions for each agenda item:
Vote to approve a request for deferral (deferrals may be requested by a Planning Commissioner
or by the applicant);
Vote to deny a request for deferral (in which case one of the two actions below will occur);
Vote to recommend approval to the Board of Supervisors; or
Vote to recommend denial to the Board of Supervisors.
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Step 10. Board of Supervisors Public Hearing.
Once the Planning Commission makes a recommendation for approval or denial, the proposal is generally
placed on the agenda for the Board of Supervisors. Advertising, notification, staff reports, and
presentations follow the same procedures as for the Planning Commission. The vote of the Board of
Supervisors is final.
If a request is denied by the Board of Supervisors or withdrawn by the applicant, the request or a
substantially similar request cannot be heard for one year.
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Special Use Permit Application Checklist
The applicant shall submit ten (10) copies of all required materials listed below. Applications will NOT be
accepted without the following attachments:
□
Application Form (pg 10). The application form must be signed by all of the property owners. If
ownership is in the name of any type of legal entity or organization including, but not limited to, a
name of a corporation, partnership, or association, or in the name of a trust, or in a fictitious name,
a document acceptable to the County must be submitted certifying that the person signing the
application has the authority to do so. If the application is submitted by an agent of the owner, the
agent shall sign the application as well.
□
Comprehensive Plan Justification. References should be made to the Comprehensive Plan
Policy sections in the text portion of the plan. The Comprehensive Plan map provides an overview
of the future land use policy areas, but does not provide a guide to the specific land use policies
adopted by Montgomery County.
Land use policies are articulated in the Planning and Land Use portion of Montgomery County, 2025
(chapter 2). available at the Planning & GIS Services Department or on the web. If the proposed
development, rezoning, or special use permit is located in a village or village expansion area not
covered by an adopted village plan, then the proposal needs to be consistent with the overall
Comprehensive Plan.
Villages and Village Expansion Areas. If the proposed development, rezoning, or special use permit
is located in a village or village expansion area covered by an adopted Village Plan, the proposal
needs to be consistent with both the overall county Comprehensive Plan and with the village plan.
Information that must be addressed concerning the County Comprehensive Plan when submitting
special use permit applications includes:
a) Compliance with required lot minimums, district minimums, and availability of water and sewer
b) Describe, in specific detail, how the request fits with the land use policies included under the
appropriate land use policy area. There are seven land use policy areas: Resource Stewardship
(PLU 1.2), Rural (PLU 1.3), Rural Communities (PLU 1.4), Residential Transition (PLU 1.5),
Villages (PLU 1.7), Village Expansion Areas (PLU 1.6), and Urban Expansion Areas (PLU 1.8).
Each area has specific policies covering land uses, community design, and community facilities
and utilities.
c) If the proposed request requires an E and S permit (land disturbance of more than 10,000 square
feet) or with large areas of impervious surface (paved parking areas, etc.), the proposal will need
to address groundwater, surface water, and stormwater runoff concerns included in the
Environmental Resources Chapter. (ENV6.5, ENV5.6)
□
Concept Development Plan. Required for all special use permit requests. A concept plan is an
initial plan, which shows the general nature of the land use change or development, which is
intended. It differs from the final site plan, or, plot plan, which is required prior to the issuance of
zoning approval and a building permit.
The level of needed detail may vary depending on the nature, size and complexity of the proposed
project; however, the following items shall be addressed with a concept plan submittal:
Existing Site Features:
a) Name of all landowners, applicant (if different), developer, engineer/ party preparing the plans.
7 | Page 5/15/2019
b) Date, revision date(s), scale and north point of plan.
c) Lot size in acres and/or square feet, property lines and dimensions and any easements.
d) Zoning and existing use of property and all adjoining properties.
e) All existing buildings, and streets and/or other adjacent improved or unimproved rights-of-way.
f) All existing physical features such as tree cover, natural watercourses, recorded drainage
easements, and 100-year floodplain limits.
Proposed Site Features:
g) Location of proposed access areas, loading zones, SWM facilities and streets or other rights-
of-way.
h) Structures: dimensions, use and the general types of exterior materials.
i) Outside lighting: general location, height and type, and shielding.
j) General landscaping plan. Existing trees and shrubs are recommended to be maintained
wherever possible.
k) General location and type of screening (fences, walls, vegetation), signs and trash enclosures.
□
Filing Fee. The application fee shall be paid when the application is submitted. Fees are
determined by the current fee schedule. Contact Planning & GIS staff for assistance calculating
fees. Checks should be payable to “ Treasurer of Montgomery County”.
Please note: In addition to the application fee, an invoice will be sent to the applicant/owner for fees
associated with legal advertisements as required by the Commonwealth of Virginia.
□
Digital Submission of Application and all exhibits. Applications will not be considered complete
until digital items are received. An Adobe PDF document format is preferred for compatibility.
□
Ensure all applicable items identified in “Special Use Permit Requirements” (pg 11) are
addressed in the application package (concept plan, justification statement, etc). It may be
necessary to attach additional documentation.
□
Completed Preliminary Review Meeting Application & Preliminary Review Meeting-
Application Checklist Forms (pg 8-9 if required).
□
Items determined necessary in Preliminary Review Meeting (pg 9)
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Preliminary Review Meeting Request
Special Use Permit
Montgomery County, Virginia
755 Roanoke St. Suite 2A, Christiansburg, VA 24073;
540-394-2148; mcplan@montgomerycountyva.gov
Contact Information: □ Owner □ Contract Purchaser □ Other (Please list:_____________)
Name: Address:
Telephone: Email:
Subject Property Description:
Location: (Describe in relation to nearest intersection)
Address: (if applicable) Existing Zoning: Acreage:
Parcel ID Number(s): Property Owner(s):
Existing Use:
Description of Proposed Development and Uses:
The requested information below MUST be submitted
A. Proposed Use(s):
B. Proposed Use Details (check all that applies):
□
Residential
Total Single Family # of Units: ______________ Total Multi-Family # of Units: ______________
□
Commercial
Use_____________________ S.F. ________
Use_____________________ S.F. ________
Use_____________________ S.F. ________
Applicant Signature:
______
Date: 
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FOR INTERNAL STAFF USE ONLY
VDOT Requirements
In accordance with the Code of Virginia
§15.2-2222.2 and 24 VAC 30-155, the project:
□
Will require a Traffic Impact Analysis (TIA) submission and review by VDOT. TIA must be submitted with
rezoning application.
□
Applicant will be required to coordinate a Scope of Work Meeting with VDOT (Project will generate 1,000 or
more vehicle trips per peak hour.)
This determination is based upon the information provided by the applicant on the submitted
Preliminary Review Request Form. Determination is subject to change based upon changes to the
request.
Information and VDOT forms regarding the VDOT’s Traffic Impact Analysis Regulations Administrative
Guidelines can be obtained online at www.virginiadot.org/projects/chapter527.
□
Documentation of Community Meeting. Community meetings can be held after submitting application.
County staff should be notified a least a week in advance of meeting date.
□
Survey Plat. Copies no larger than 11”x17”
□
Traffic Impact Analysis (TIA) - County: Based upon the proposed use and location, the project may
substantially affect roadways and the County may require a traffic impact analysis.
□
Elevations: Copies reduced to 8 ½” x 11” of proposed buildings must be submitted in addition to an
electronic copy in “.pdf” format.
□
Other:
Applicant’s Signature/Printed Name Date
Staff Signature (Planning) Date
This form is to verify completion of the required Preliminary Review Meeting and must be submitted at the time of
filing of applications. Based upon the proposed development, County staff has determined the information
checked on this form must be submitted in addition to regular submission requirements for Rezoning, Provisional
Use Permit, or Amendment to Proffer Application
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Special Use Permit Application Form
Montgomery County, Virginia
755 Roanoke St. Suite 2A, Christiansburg, VA 24073;
540-394-2148; mcplan@montgomerycountyva.gov
Applicant Information: (PLEASE PRINT – if additional owners, please attach additional sheets)
Owner of Record (attach separate page for add’l owners): Address:
Telephone: Email:
Applicant Name: Owner Contract Purchaser/Lessee Address:
Telephone: Email:
Representative Name and Company: Address:
Telephone: Email:
Property Description:
Location or Address: (Describe in relation to nearest intersection)
Parcel ID Number(s): Acreage: Existing Zoning:
Comprehensive Plan Designation: Existing Use:
Description of Request:
(Please provide additional information on attached sheet if necessary)
Proposed Use(s) including acreage:
I certify that the information supplied on this application and on the attachments provided (maps or other information)
is accurate and true to the best of my knowledge. In addition, I hereby grant permission to the agents and
employees of Montgomery County and State of Virginia to enter the above property for the purposes of processing
and reviewing the above application.
Owner 1 Signature Date
Owner 2 Signature (for add’l owners please attach separate sheet) Date
Applicant Signature Date
Representative/Agent Signature Date
11 | Page 5/15/2019
Additional Special Use Permit Requirements
The applicant for special use permit shall provide a statement of justification to address the following items in
the application materials to demonstrate what impact the proposed request will have on the County’s
resources and how the request complies with Montgomery County’s comprehensive plan.
Section 10-54(3)(g), Montgomery County Zoning Ordinance
(g) Issues for Consideration. In considering a Special Use Permit application, the following factors shall be
given reasonable consideration. The application shall address all the following in its statement of justification
or Special Use Permit plat unless not applicable, in addition to any other standards imposed by this Ordinance:
1. Whether the proposed Special Use Permit is consistent with the Comprehensive Plan (Addressed
under “3. Comprehensive Plan Justification”).
2. Whether the proposed Special Use Permit will adequately provide for safety from fire hazards and
have effective measures of fire control.
3. The level and impact of any noise emanating from the site, including that generated by the proposed
use, in relation to the uses in the immediate area.
4. The glare or light that may be generated by the proposed use in relation to uses in the immediate
area.
5. The proposed location, lighting and type of signs in relation to the proposed use, uses in the area, and
the sign requirements of this Ordinance.
6. The compatibility of the proposed use with other existing or proposed uses in the neighborhood, and
adjacent parcels.
7. The location and area footprint with dimensions (all drawn to scale), nature and height of existing or
proposed buildings, structures, walls, and fences on the site and in the neighborhood.
8. The nature and extent of existing or proposed landscaping, screening and buffering on the site and in
the neighborhood.
9. The timing and phasing of the proposed development and the duration of the proposed use.
10. Whether the proposed Special Use Permit will result in the preservation or destruction, loss or damage
of any topographic or physical, natural, scenic, archaeological or historic feature of significant
importance.
11. Whether the proposed Special Use Permit at the specified location will contribute to or promote the
welfare or convenience of the public.
12. The traffic expected to be generated by the proposed use, the adequacy of access roads and the
vehicular and pedestrian circulation elements (on and off-site) of the proposed use, all in relation to
the public's interest in pedestrian and vehicular safety and efficient traffic movement.
13. Whether, in the case of existing structures proposed to be converted to uses requiring a Special Use
Permit, the structures meet all code requirements of Montgomery County.
14. Whether the proposed Special Use Permit will be served adequately by essential public facilities and
services.
15. The effect of the proposed Special Use Permit on groundwater supply.
16. The effect of the proposed Special Use Permit on the structural capacity of the soils.
17. Whether the proposed use will facilitate orderly and safe road development and transportation.
18. The effect of the proposed Special Use Permit on environmentally sensitive land or natural features,
wildlife habitat and vegetation, water quality and air quality.
12 | Page 5/15/2019
19. Whether the proposed Special Use Permit use will provide desirable employment and enlarge the tax
base by encouraging economic development activities consistent with the Comprehensive Plan.
20. Whether the proposed Special Use Permit considers the needs of agriculture, industry, and
businesses in future growth.
21. The effect of the proposed Special Use Permit use in enhancing affordable shelter opportunities for
residents of the County.
22. The location, character, and size of any outdoor storage.
23. The proposed use of open space.
24. The location of any major floodplain and steep slopes.
25. The location and use of any existing non-conforming uses and structures.
26. The location and type of any fuel and fuel storage.
27. The location and use of any anticipated accessory uses and structures.
28. The area of each use; if appropriate.
29. The proposed days/hours of operation.
30. The location and screening of parking and loading spaces and/or areas.
31. The location and nature of any proposed security features and provisions.
32. The number of employees.
33. The location of any existing and/or proposed adequate on and off-site infrastructure.
34. Any anticipated odors, which may be generated by the uses on site.
35. Whether the proposed Special Use Permit uses have sufficient measures to mitigate the impact of
construction traffic on existing neighborhoods and school areas.
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Sup Complete Application Fillable 6-18 2019 (Montgomery County, Virginia)

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Completed 18 July 2020

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