HomeMy WebLinkAboutZTA201800005 Staff Report 2018-11-07COUNTY OF ALBEMARLE
TRANSMITTAL TO THE BOARD OF SUPERVISORS
SUMMARY OF PLANNING COMMISSION ACTION
AGENDA TITLE:
ZTA201800005 Section 35 Fees
SUBJECT/PROPOSAL/REQUEST:
Changes to Section 35 Fees to correspond to
changes to ZTA201700006 Section 33 Zoning
Text Amendments, Zoning Map Amendments,
Special Use Permits, and Special Exceptions
AGENDA DATE:
November 7, 2018
STAFF CONTACT(S):
Greg Kamptner, Bill Fritz
PRESENTER (S):
Bill Fritz
BACKGROUND:
On September 25, 2018 the Planning Commission held a public hearing on ZTA201800005 Fees and
unanimously recommended approval (Ms. Firehock absent).
DISCUSSION:
This amendment updates the fees to correspond with recent changes approved with ZTA201700006
Section 33 Zoning Text Amendments, Zoning Map Amendments, Special Use Permits, and Special
Exceptions. The Planning Commission had no concerns about the proposed amendments. However, the
Commission did inquire when a comprehensive review of fees would occur. Staff informed the
Commission that a review of the fees is scheduled for 2019. The Commission also asked if revisions
were needed to Section 35.5 Pre -Existing Use Fee Waiver. Staff has confirmed that no changes are
needed to this section. It was implemented in 2017 in response to revisions to the Virginia Code. The
existing language is consistent with the requirements of the Virginia Code.
Staff identified minor necessary revisions to the ordinance after scheduling the Planning Commission
public hearing. These changes are only to section references within the Zoning Ordinance due to the
adoption of ZTA201700006 and the renumbering and reformatting of the fee schedule.
RECOMMENDATIONS:
The Planning Commission and staff recommend adoption of ZTA201700006 Section 35 Fees.
ATTACHMENTS:
Attachment A — Staff report from September 25, 2018 Planning Commission Meeting
Attachment B — Action letter from September 25, 2018 Planning Commission Meeting
Attachment C — Minutes from September 25, 2018 Planning Commission Meeting
Attachment D — Ordinance for adoption
Draft: October 24, 2018
ORDINANCE NO. 18-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE IV, PROCEDURE, OF THE
CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article IV, Procedure, is hereby amended and reordained as follows:
By Amending:
Sec. 35.1 Fees.
Sec. 35.2 Calculation Of Fees In Special Circumstances.
Sec. 35.3 Mode And Timing For Paying Fees.
Sec. 35.4 Fee Refunds.
Sec. 35.5 Pre -Existing Use Fee Waiver.
Chapter 18. Zoning
Article IV. Procedure
Section 35. Fees
35.1 Fees.
Each applicant shall pay the following applicable fees, provided that neither the county nor the county
school board shall be required to pay any fee if it is the applicant:
ab. Zoning map amendments:
1. Less than 50 acres; application and first resubmission: $2,688.00
2. Less than 50 acres; each additional resubmission: $1,344.00
3. 50 acres or greater; application and first resubmission: $3,763.00
4. 50 acres or greater; each additional resubmission: $1,881.00
roof ,....,i of sehedule,a pumoiie hearing a4 . plioant's r-equest; $194 .00
56. Amendments submitted under section 30.7.6: (i) because the slopes are not steep slopes:
no fee; (ii) to change any slope's designation from preserved to managed or to remove
steep slopes from the steep slopes overlay district: any application fee under subsections
(b)(1) through (5).
6-7. Amendments solely pertaining to proffers that do not affect use or density, when the
board of supervisors authorizes alternative application and procedural requirements under
section 33.7(f): $457.00 plus calculated notification and legal advertisement costs.
7. Reapplication that is substantially the same as the withdrawn application, when
authorized by the Board of Supervisors: $1.770.00.
be. Special use permits:
1. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation
Class B, to amend existing special use permit, or to extend existing special use permit;
application and first resubmission: $1,075.00
2. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation
class B, to amend existing special use permit, or to extend existing special use permit;
each additional resubmission: $538.00
Draft: October 24, 2018
3. Signs reviewed by the board of zoning appeals: See subsection 3 5. 1 Ue (#)
4. All other special use permits; application and first resubmission: $2,150.00
5. All other special use permits; each additional resubmission: $1,075.00
6, roof ,....,i of seheduled ..,,i lie i.o.,ring at . ,Beat#'' ro est: $194 .00
67. Farmers' markets without an existing commercial entrance approved by the Virginia
Department of Transportation or without existing and adequate parking - $527.00
79. Farmers' markets with an existing commercial entrance approved by the Virginia
Department of Transportation and with existing and adequate parking - $118.00
8. Reapplication that is substantially the same as the withdrawn application, when
authorized by the Board of Supervisors: $1,770.00.
cd. Site plans:
1. Initial site plans: $1,290.00 plus $16 per dwelling unit and $0.016 per square foot of
nonresidential structure; the fee paid for preapplication plans shall be applied to the fee
for initial site plans
2. Preapplication plans: $538.00
3. Final site plans: $1,613.00
4. Exception to drawing of site plan under section 32.3.5(a): $1,613.00
5. Site plan amendments under section 32.3.3(b): $538.00 (minor); $108.00 (letter of
revision)
6. Site plan amendments under section 32.3.3(b) (major): $1,613.00
7. Appeals under section 32.4.2.6: $258.00
8. Reinstatement of review under sections 32.4.2. l (d) and 32.4.3.1(e): $258.00
9. Reinstatement of review under section 32.4.2.5(e): $86.00
10. Extension of period of validity: $511.00
11. Inspections pertaining to secured site plan improvements; per inspection: $301.00
4-2-. Defeffal of sehedulea publi . meeting at , plie .*t's r-eqttesti $194.00
124-3. Dam break inundation zones; administrative fee as required by section 32.8.6: One
percent of the total amount of payment required by section 32.8.6 or one thousand dollars
($1,000.00), whichever is less. (Payment made to the Dam Safety, Flood Prevention and
Protection Assistance Fund held by the Virginia Resources Authority).
de-. Certificates of appropriateness considered by the architectural review board ("ARB"):
1. For a site plan; per review by the ARB: $1,075.00
2. For a building permit; per review by the ARB: $634.00
3. Amendment to approved certificate of appropriateness: $242.00
ef. Matters considered by the board of zoning appeals:
1. Variances: $538.00
2. Appeals: $258.00
3. Special use permits for signs under sections 4.15.5 and 4.15.5A: $538.00
4. Interpreting a district map: $258.00
fg Matters considered by the zoning administrator or other officials:
1. Official determinations regarding compliance: $199.00
2. All other official determinations, including development rights: $108.00
3. Zoning clearance for tourist lodging: $108.00
4. Zoning clearance for a home occupation, class A, a major home occupation, or a minor
home occupation: $27.00
5. Zoning clearance for temporary fundraising activity: No fee
6. All other zoning clearances: $54.00
7. Sign permits under section 4.15.4A; no ARB review required: $27.00, except for
applications for temporary signs submitted under section 4.15AA(c)(2)(b) or (c)(2)(c),
for which there shall be no fee.
2
Draft: October 24, 2018
S. Sign permits under section 4.15.4; ARB review required: $129.00
9. Letter of Map Change review: $161.00 (topographic plan only); $323.00 (topographic
plan with floodplain model)
10. Floodplain Impact Plan review: $323.00
11. Variation or exception under section 32.3.5 before approval of a final site plan: $892.00
12. Variation or exception under section 32.3.5 after approval of a final site plan: $892.00
gh. Groundwater assessments:
1. Tier 1 assessment under section 17-401: $54.00
2. Tier 3 assessment under section 17-403: $548.00
3. Tier 4 assessment under section 17-404: $1,183.00
hi. Miscellaneous:
1. Change in name of development or change in name of street: $86.00
2. Special exception: $457.00
3. Tier II personal wireless service facilities: $1,957.00
t. Required notice:
1. Initial notice fee to be provided in conjunction with an application, for preparing and
mailing notices and published notice: $435.00. except for uses under sections 5.1.47 and
5.2A, or applications submitted under section 30.7.6, for which there shall be no fee.
2. Fee for farmers' markets for published notice under section 35.1(b)(6): $220.00.
3. Fee for readvertisement and notification of public hearing after advertisement of a public
hearing and a deferral is made at the applicant's request:
a-1. Preparing and mailing or delivering up to fifty (50) notices: $215.00, except for uses
under sections 5.1.47 and 5.2A, or applications submitted under section 30.7.6, for
which there shall be no fee.
b-2. Preparing and mailing or delivering, per notice more than fifty (50): $1.08 plus the
actual cost of first class postage. No fee shall be required for applications submitted
under section 30.7.6.
c-3. Published notice: cost based on a cost quote from the publisher, except for farmers'
markets under section 35.1(c)(7) and (8), or applications submitted under section
30.7.6, for which there shall be no fee.
(§ 35.1: Amended 5- 5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92; Ord. 10-
18(7), adopted 8-4-10, effective 1-1-11; Ord. 11-18(1), 1-12-11; Ord. 11-18(7), 6-1-11; Ord. 12-18(6),
10-3-12, effective 1-1-13; Ord. 12-18(7), 12-5-12, effective 4-1-13; Ord. 13-18(7), 12-4-13, effective 1-1-
14; Ord. 14-18(l),3-5-14; Ord. 14-18(2),3-5-14; Ord. 15-18(8), adopted 10-14-15, effective 11-1-15;
Ord. 16-18(4), 4-6-16)
State law reference — Va. Code §§ 15.2-2286(A)(6), 15.2-2241(9), 15.2-2243.1.
35.2 Calculation Of Fees In Special Circumstances.
In the special circumstances provided below, the fee required by section 35.1 shall be calculated as
follows:
a. Simultaneous review of �.,nam ent er special use permit for outdoor disnlav and
sales and supporting initial site plan
of speeial use pefmit is being simidita-aeously feviewed with a suppet4ing initial site plan er.-
pr-elimifiar-y subdivision plat, the applioant shall pay the fee for- the . — . -mend eqn-t- A --r- dhe
speeial use pemiit, but fiet the fee for- the initial site plan E)r- pr-elimiaar-y subdivision pla4 The
applicant shall pay the fee for the special use permit, but not the fee for the initial site plan for
Draft: October 24, 2018
outdoor display and sales, which require simultaneous review of both the special use Hermit
application and a supporting initial site plan.
b. Multiple special use permits to establish a single use. If multiple special use permits are required
to establish a single use, the applicant shall pay only the largest single fee for a special use permit
for all of the special use permit applications.
(§ 35.0, 12-10-80; 5-5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92; * to be
effective 1-1-94; Ord. 02-18(4), 7-3-02; Ord. 04-18(3),10-13-04; Ord. 04-18(4), adopted 12-8-04,
effective 2-8-05; Ord. 10-18(7), adopted 8-4-10, effective 1-1-11; Ord. 12-18(6), 10-3-12, effective 1-1-
13; Ord. 15-18(8), adopted 10-14-15, effective 11-1-15)
35.3 Mode And Timing For Paying Fees.
The fees required by sections 35.1 and 35.2 shall be paid as follows:
a. Mode ofpayment. Except as provided in section 35.1(d)(13), the fee shall be in the form of cash,,
of a check payable to the "County of Albemarle.„” or by credit or debit card transaction.
b. Timing ofpayment. Except as provided in sections 33.20.
33.34, and 33.45, the applicant shall pay any applicable fees when the application is submitted.
An application presented without the required fee shall not be deemed to be submitted and shall
not be processed.
(Ord. 15-18(8), adopted 10-14-15, effective 11-1-15)
35.4 Fee Refunds.
a. Payment in full. If the zoning administrator determines after a fee required by section 3 5. 1 has
been paid that the review and approval to which the fee pertains is not required to establish the
use or structure, the fee shall be refunded to the applicant in full.
b. Partial refund. If an applicant withdraws an application within 70 days after official submittal for
review, the applicant shall receive a full refund of the initial notice fee.
(§ 18-35.3, Ord. 10-18(7), adopted 8-4-10, effective 1-1-11; § 18-35.4, Ordinance 15-18(8), adopted 10-
14-15, effective 11-1-15)
35.5 Pre -Existing Use Fee Waiver.
If an applicant applies fora special use permit, the applicable fee shall be
waived provided that the zoning administrator finds the following conditions are met:
a. The use applied for does not conform to the zoning prescribed for the district in which the use is
situated;
b. A business license was issued by the county for the applied -for use; and
The holder of the business license has operated continuously in the same location for at least
fifteen (15) years and has paid all real estate, business license, and personal property taxes related
to the use.
(Ord. 17-18(4), 8-9-17)
0
Draft: October 24, 2018
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to, as
recorded below, at a regular meeting held on
Aye Nay
Mr. Dill
Mr. Gallaway
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Clerk, Board of County Supervisors
CHAPTER 18
ZONING
SECTION 35
FEES
Sections:
35.1 FEES.
35.2 CALCULATION OF FEES IN SPECIAL CIRCUMSTANCES.
35.3 MODE AND TIMING FOR PAYING FEES.
35.4 FEE REFUNDS.
35.5 PRE-EXISTING USE FEE WAIVER.
35.1 FEES.
Each applicant shall pay the following applicable fees, provided that neither the county nor the
county school board
.„shall be required tto(�pay any fee if it is the applicant:
a. Zoning +
Ab. Zoning map amendments:
1. Less than 50 acres; application and first resubmission: $2,688.00
2. Less than 50 acres; each additional resubmission: $1,344.00
3. 50 acres or greater; application and first resubmission: $3,763.00
4. 50 acres or greater; each additional resubmission: $1,881.00
65. Amendments submitted under section 30.7.6: (i) because the slopes are not steep slopes:
no fee; (ii) to change any slope's designation from preserved to managed or to remove steep
slopes from the steep slopes overlay district: any application fee under subsections (b)(1)
through (5).
67. Amendments solely pertaining to proffers that do not affect use or density, when the board
of supervisors authorizes alternative application and procedural requirements under section
33.7(f): $457.00 plus calculated notification and legal advertisement costs.
7. Reapplication of zoning request that is substantially the same as the withdrawn application
when authorized by the Board of Su ervisors: $1770.00
be. Special use permits:
1. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation
Class B, to amend existing special use permit, or to extend existing special use permit;
application and first resubmission: $1,075.00
2. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation
class B, to amend existing special use permit, or to extend existing special use permit; each
additional resubmission: $538.00
3..Signs reviewed by the board of zoning appeals: See subsection 35.1(1)
4. All other special use permits; application and first resubmission: $2,150.00
5. All other special use permits; each additional resubmission: $1,075.00
6. Defer-az'ef seheduled publie hearing at applieexA's r $194
67. Farmers' markets without an existing commercial entrance approved by the Virginia
Department of Transportation or without existing and adequate parking - $527.00
79. Farmers' markets with an existing commercial entrance approved by the Virginia
Department of Transportation and with existing and adequate parking - $118.00
8. Reapplication of special use permit request that is substantially the same as the withdrawn
application when authorized by the Board of Supervisors: $1770.00
cd. Site plans:
l . Initial site plans: $1,290.00 plus $16 per dwelling unit and $0.016 per square foot of
nonresidential structure; the fee paid for preapplication plans shall be applied to the fee for
initial site plans
2. Preapplication plans: $538.00
3. Final site plans: $1,613.00
4. Exception to drawing of site plan under section 32.3.5(a): $1,613.00
5. Site plan amendments under section 32.3.3(b): $538.00 (minor); $108.00 (letter of
revision)
6. Site plan amendments under section 32.3.3(b) (major): $1,613.00
7. Appeals under section 32.4.2.6: $258.00
8. Reinstatement of review under sections 32.4.2.1(d) and 32.4.3.1(e): $258.00
9. Reinstatement of review under section 32.4.2.5(e): $86.00
10. Extension of period of validity: $511.00
11. Inspections pertaining to secured site plan improvements; per inspection: $301.00
12. Defeaal of sehedWed publie meeting at appheaiA's request, $194.00
12-3. Dam break inundation zones; administrative fee as required by section 32.8.6: One
percent of the total amount of payment required by section 32.8.6 or one thousand dollars
($1,000.00), whichever is less. (Payment made to the Dam Safety, Flood Prevention and
Protection Assistance Fund held by the Virginia Resources Authority).
de. Certificates of appropriateness considered by the architectural review board ("ARB"):
1. For a site plan; per review by the ARB: $1,075.00
2. For a building permit; per review by the ARB: $634.00
3. Amendment to approved certificate of appropriateness: $242.00
e€. Matters considered by the board of zoning appeals:
1. Variances: $538.00
2. Appeals: $258.00
3. Special use permits for signs under sections 4.15.5 and 4.15.5A: $538.00
4. Interpreting a district map: $258.00
g Matters considered by the zoning administrator or other officials:
1. Official determinations regarding compliance: $199.00
2. All other official determinations, including development rights: $108.00
3. Zoning clearance for tourist lodging: $108.00
4. Zoning clearance for a home occupation, class A, a major home occupation, or a minor
home occupation: $27.00
5. Zoning clearance for temporary fundraising activity: No fee
6. All other zoning clearances: $54.00
7. Sign permits under section 4.15.4A; no ARB review required: $27.00, except for
applications for temporary signs submitted under section 4.15.4A(c)(2)(b) or (c)(2)(c), for
which there shall be no fee.
8. Sign permits under section 4.15.4; ARB review required: $129.00
9. Letter of Map Change review: $161.00 (topographic plan only); $323.00 (topographic plan
with floodplain model)
10. Floodplain Impact Plan review: $323.00
11. Variation or exception under section 32.3.5 before approval of a final site plan: $892.00
12. Variation or exception under section 32.3.5 after approval of a final site plan: $892.00
gh-. Groundwater assessments:
1. Tier 1 assessment under section 17-401: $54.00
2. Tier 3 assessment under section 17-403: $548.00
3. Tier 4 assessment under section 17-404: $1,183.00
hi. Miscellaneous:
1. Change in name of development or change in name of street: $86.00
2. Special exception: $457.00
3. Tier II personal wireless service facilities: $1,957.00
jj. Required notico-
1. Initial notice fee to be pmvided in conjunction with a lication for -preparing and mailing
notices and published notice: $435.00, excqpt for uses under sections 5.1.47 and 5.2A or
a lications submitted under section 30.7.6 for which there shall be no fee.
2. Fee for farmers' markets for published notice under section 35.1 (c)(7): $220.00
3. Fee for readvertisement and notification of public hearing after advertisement of a public
hearing and a deferral is made at the applicant's request,
a. Preparing and mailing or delivering up to fifty (50) notices: $215.00, except for uses
under sections 5.1.47 and 5.2A, or applications submitted under section 30.7.6, for which
there shall be no fee.
-2b. Preparing and mailing or delivering, per notice more than fifty (50): $1.08 plus the actual
cost of first class postage. No fee shall be required for applications submitted under section
30.7.6.
c-3. Published notice: cost based on a cost quote from the publisher, except for farmers'
markets under section 35.1(c)(7) and (8), or applications submitted under section 30.7.6, for
which there shall be no fee.
(§ 35.1: Amended 5- 5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92; Ord. 10-
18(7), adopted 8-4-10, effective 1-1-11; Ord. 11-18(1), 1-12-11; Ord. 11-18(7), 6-1-11; Ord. 12-
18(6),10-3-12, effective 1-1-13; Ord. 12-18(7),12-5-12, effective 4-1-13; Ord. 13-18(7),12-4-13,
effective 1-1-14; Ord. 14-18(1), 3-5-14; Ord. 14-18(2),3-5-14; Ord. 15-18(8), adopted 10-14-15,
effective 11-1-15; Ord. 16-18 (4), 4-6-16)
State law reference — Va. Code §§ 15.2-2286(A)(6), 15.2-2241(9), 15.2-2243.1.
35.2 CALCULATION OF FEES IN SPECIAL CIRCUMSTANCES.
In the special circumstances provided below, the fee required by section 35.1 shall be calculated as
follows:
a. Simultaneous review ofoening mmp ntendment-P special use permit, for outdoor display and
sales and supporting initial site plan_ The a licant shall pay the fee for the special use permit, but
not the fee for the initial site plan
speeial use pefmi�4s-for outdoor display and sales, which require being -simultaneously review of
both the special useen rmit application and ed wi a supporting initial site plan_
----------
plat.
a, b. Multiple special use permits to establish a single use. If multiple special use permits are
required to establish a single use, the applicant shall pay only the largest single fee for a special use
permit for all of the special use permit applications.
(§ 35.0, 12-10-80; 5-5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92; * to be
effective 1-1-94; Ord. 02-18(4), 7-3-02; Ord. 04-18(3), 10-13-04; Ord. 04-18(4), adopted 12-8-04,
effective 2-8-05; Ord. 10-18(7), adopted 8-4-10, effective 1-1-11; Ord. 12-18(6), 10-3-12, effective
1-1-13; Ord. 15-18(8), adopted 10-14-15, effective 11-1-15)
35.3 MODE AND TIMING FOR PAYING FEES.
The fees required by sections 35.1 and 35.2 shall be paid as follows:
a. Mode ofpayment. Except as provided in section 35.1(d)(13), the fee shall be in the form of
cash;-ef a check payable to the "County of Albemarle,:" or by credit or debit card transaction.
b. Timing ofpayment. Except as provided in sections 33.4(g), 34.4(e), 34.5(e), and 34.6(e), the
applicant shall pay any applicable fees when the application is submitted. An application
presented without the required fee shall not be deemed to be submitted and shall not be
processed.
(Ord. 15-18(8), adopted 10-14-15, effective 11-1-15)
35.4 FEE REFUNDS.
a. Payment in ll: If the zoning administrator determines after a fee required by section 35.1
has been paid that the review and approval to which the fee pertains is not required to establish the
use or structure, the fee shall be refunded to the applicant in MI.
b. Partial refund: If an applicant withdraws an application within 70 dg, Ls of official submittal for
review, the a licant shall receive a full refund of the initial notice fee.
(§ 18-35.3, Ord. 10-18(7), adopted 8-4-10, effective 1-1-11; § 18-35.4, Ordinance 15-18(8), adopted
10-14-15, effective 11-1-15)
35.5 PRE-EXISTING USE FEE WAIVER
If an applicant applies fora zeffing tex4 effiendmelit special use permit, the applicable fee shall be
waived provided that the zoning administrator finds the following conditions are met:
a. The use applied for does not conform to the zoning prescribed for the district in which the use is
situated;
b. A business license was issued by the county for the applied -for use; and
c. The holder of the business license has operated continuously in the same location for at least
fifteen (15) years and has paid all real estate, business license, and personal property taxes related to
the use.
(Ord. 17-18(4), 8-9-17)
COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: ZTA201800005 Section 35
Fees
SUBJECT/PROPOSAL/REQUEST: Changes to
Section 35 Fees to correspond to changes to
ZTA2017-06 Section 33 Zoning Map
Amendments (ZMAs) and Special Use Permits
(SPS)
STAFF CONTACT(S): Greg Kamptner, Bill Fritz
AGENDA DATE: September 25, 2018
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
DESCRIPTION: A full description is included as Attachment A.
PUBLIC PURPOSE TO BE SERVED: To modify fees to correspond to changes to Section 33 of the
Zoning ordinance which was approved on September 5, 2018.
BACKGROUND: On September 5, 2018, the Board of Supervisors approved changes to Section 33
Zoning Text Amendments, Zoning Map Amendments, Special Use Permits and Special Exceptions.
Staff reports for that ZTA referenced needed changes to Section 35 Fees. On August 7, 2018, the
Planning Commission adopted a Resolution of Intent to amend this section of the Zoning Ordinance.
Attachment A contains that staff report and the approved Resolution.
DISCUSSION: Section 35 contains fees for all Zoning permits and applications. The proposed changes
would:
• Remove the fee for a citizen -initiated zoning text amendment (ZTA)
• Change the notice fee from an actual cost to a flat fee ($435) for the public hearings to be held
by the Planning Commission and Board of Supervisors
• Include a fee for readvertisement and notification of additional public hearings
• Provide a fee for reapplication of a zoning or SP request that is substantially the same as a
withdrawn application, when authorized by the Board of Supervisors
• Remove a fee for deferral
• Modify the fee reduction for simultaneous review of a ZMA or special use permit and site
development plan to apply only to outdoor display and sales
• Add credit or debit transaction to the mode of payment of fees
• Add a specific refund for withdrawn requests within 70 days of the official submittal date
As described in reports for ZTA 2017-06 on July 17, staff recommended a change to collect notification
fees up -front with ZMA or SP applications rather than waiting until an applicant requests a public
hearing. Staff explained that the primary fee change would be to increase the application fee by $852,
which is the average cost for public hearing notification for SPs and ZMAs. However, pushback from
applicants resulted in a recommendation for the minimum cost for advertising and notification for a
proposed SP. Although the County would be responsible for the remainder of the advertisement cost,
Section 35 Fees
PC September 25, 2018
Staff Report Page 1
having this set amount would still allow the County to recover a majority of the cost for many SPs which
go to public hearing. It would allow the County to typically recover less of the cost for ZMAs which go to
public hearing, but still recover at least half.
Staff notes that a formal review of all zoning and subdivision fees is scheduled for 2019. Staff
recommends that all fees be reevaluated at that time.
BUDGET IMPACT: Time savings will occur from these changes and no additional staff or funding is
expected from these amendments.
RECOMMENDATION: Staff recommends that the Commission recommend approval of the draft
ordinance found in Attachment B.
ATTACHMENTS:
Attachment A: Legal Description
Attachment B: August 7, 2018 Staff Report and approved Resolution of Intent
Attachment C: Proaosed Section 33 Amendment
Section 35 Fees
PC September 25, 2018
Staff Report Page 2
Attachment A
Legal Description for ZTA 201800005- Fees
ZTA 201800005 - Fees The Planning Commission will hold a public hearing on September 25, 2018 at
6:00 p.m. in the County Office Building, 401 McIntire Road, Charlottesville, Virginia 22902, to receive
comments on its intent to recommend adoption of the following ordinance to amend Chapter 18,
Zoning, of the Albemarle County Code: (1) Amend Section 18-35.1 (Fees) in order: (i) to delete the fee
for a citizen -initiated zoning text amendment; (ii) to delete the fee to defer scheduled public hearings at
the applicant's request, but to extend existing notice fees to the re -advertisement and notification of a
public hearing after advertisement of a public hearing and a deferral is made at the applicant's request;
(iii) to require applicants to pay calculated notification and legal advertisement costs for citizen -initiated
zoning map amendments solely pertaining to proffers that do not affect use or density, when the board
of supervisors authorizes alternative application and procedural requirements under Section 18-33; (iv)
to add a fee of $1,770 to reapply for a zoning map amendment or a special use permit that is
substantially the same as a withdrawn application, when authorized by the Board of Supervisors; (v) to
add an Initial notice fee of $435, to be provided in conjunction with application, for preparing and
mailing notices and published notice, except for uses under Sections 18-5.1.47 and 18-5.2A, or
applications submitted under Section 18-30.7.6, for which there would be no fee; and (vi) to add a
notice fee of $220 for farmers' markets for published notice under Section 35.1(c)(7); (2) Amend Section
18-35.2 (Calculation of Fees in Special Circumstances) to limit the availability of the reduced fee when
there is a simultaneous review of an application for a zoning map amendment or a special use permit
and a site plan or subdivision plat to only when an application for a special use permit for outdoor
display and sales is reviewed simultaneously with a site plan; (3) Amend Section 18-35.3 (Mode and
Timing for Paying Fees) to allow zoning application fees to be paid by credit or debit card; (4) Amend
Section 18-35.4 (Fee Refunds) to allow initial notice fees to be refunded if a zoning application is
withdrawn within 70 days after the date the application is officially submitted; and (5) Amend Section
18-35.5 (Pre -Existing Use Fee Waiver) to eliminate pre-existing use fee waivers for zoning text
amendments. The proposed fees and fee increases are authorized by Virginia Code §§ 15.2-2241(9) and
15.2-2286(A)(6). A copy of the full text of the proposed ordinance amendments is on file in the office of
the Clerk of the Board of Supervisors and in the Department of Community Development, County Office
Building, 401 McIntire Road, Charlottesville, Virginia.
COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: Resolution of Intent to Amend AGENDA DATE: 817118
Zoning Ordinance Section 35 Fees
ACTION: X INFORMATION:
SUBJECTIPROPOSALIREQUEST: Changes to
Section 35 Fees to correspond with changes to CONSENT AGENDA:
Section 33 Zoning Map Amendments (ZMAs) and ACTION: INFORMATION:
Special Use Permits (SPs)
ATTACHMENTS: Yes
STAFF CONTACT(S): Greg Kamptner, Elaine
Echols, Bill Fritz
DESCRIPTION: This resolution serves to begin the process of amending the fee schedule to
correspond with changes proposed in Section 33 related to deferrals (primarily) and timing for payment
of fees.
PUBLIC PURPOSE TO BE SERVED: To simplify a process that is excessively complicated and time
consumptive at present.
BACKGROUND: On July 17, staff explained several proposed changes to Section 35 Fees to help
simplify administering a process for deferrals. Attachment A contains the staff report, which identifies
the proposed changes.
DISCUSSION: The Commission is asked to adopt the Resolution of Intent in Attachment B to make the
following changes to the Fees section in the Zoning Ordinance:
• Remove a fee for a citizen -initiated zoning text amendment (ZTA)
• Include a flat fee in the application for notice of the first public hearing to be held by the Planning
Commission and Board of Supervisors
• Include a fee for readvertisement and notification of additional public hearings
• Provide a fee for reapplication of a zoning or SP request that is substantially the same as a
withdrawn application, when authorized by the Board of Supervisors
• Remove a fee for deferral
• Modify the fee reduction for simultaneous review of a ZMA or special use permit and site
development plan to apply only to outdoor display and sales
• Add credit or debit transaction to the mode of payment of fees
• Add a specific refund for withdrawn requests within 70 days of the official submittal date
As described on July 17, staff recommended a change to collect notification fees up front with ZMA or
SP applications rather than waiting until an applicant requests a public hearing. Staff explained that the
primary fee change would be to increase the application fee by $852, which is the average cost for
public hearing notification for SPs and ZMAs.
ROI — Section 35 Fees
PC August 7, 2018
Staff Report Page 1
Since 2011 when it began collecting a separate public hearing fee after giving the applicant comments,
staff has heard many applicants say they prefer to pay a single fee upfront. However, feedback was
recently received from a regular applicant that this practice would be unfair and overly burdensome to
some applicants, especially small SP requests. Staff explained that the refund policy already exists for
the Zoning Administrator to authorize a refund of monies which have not been spent in reviewing an
application, if a withdrawal is requested. However, staff recommended that a standard process for
refunds be codified so that an applicant knows how and when a withdrawal may result in a refund. Staff
suggested that refunding a percentage of the application cost might serve to standardize
reimbursements in a fair and consistent way.
After looking at refunding a percentage of the cost or lowering the cost, staff believes that a less
cumbersome way to achieve the same goal would be to raise the application fee by $435 and make
that amount available for refund if an applicant withdrew prior to any notifications (70 days after official
submittal). This would place the burden on the applicant to request the refund before any more staff
time is spent on the project.
The current proposed fee increase represents the minimum (rather than the average) cost for any SP
or ZMA notification. Although the County would be responsible for the remainder of the advertisement
cost, having this set amount would still allow the County to recover a majority of the cost for many SPs
which go to public hearing. It would allow the County to typically recover less of the cost for ZMAs
which go to public hearing. If an applicant is serious about a proposal and wants it to proceed in a
timely manner, payment up front should not be an issue. By day 70, an applicant has received
comments from a mandatory preapplication meeting and a comprehensive set of comments from all
reviewers.
Staff notes that a formal review of all zoning and subdivision fees is scheduled for 2019. A Board of
Supervisors member has asked that fees for non-profit organizations, such as religious institutions and
private firetrescue companies be reevaluated. Staff is not in a position to provide such an evaluation
right now and would like for changes associated with Section 33 be acted upon at the earliest possible
date. When all fees are reevaluated collectively and comprehensively, further changes to Section 35
are likely.
RECOMMENDATION: Staff recommends approval of the attached Resolution of Intent for Section 35
fees. The Planning Commission will review specific fee changes in ordinance form at a future public
hearing. Staff is anxious that all changes related to Section 33, including collection of public hearing
fees up front, be in place before the end of 2018 so that review schedules for 2019 can reflect those
changes.
ATTACHMENTS:
Attachment A: Staff Report dated July 17, 2018
Attachment B: Resolution of Intent to Amend Section 35
ROI — Section 35 Fees
PC August 7, 2018
Staff Report Page 2
COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: ZTA 2017-06 Updates and Clarifications
to Section 33 Zoning Text Amendments (ZTAs), Zoning
Map Amendments (ZMAs), Special Use Permits (SPs)
and Special Exceptions
SUBJECTIPROPOSALIREQUEST: Work Session on
Zoning- Text Amendment related specifically to Deferrals
STAFF CONTACT(S): Elaine Echols, Bill Fritz, Greg
Kamptner, John Blair
AGENDA DATE: 7117118
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
PUBLIC PURPOSE TO BE SERVED: The purpose for the full amendment to Section 33 of the Zoning Ordinance is to
update terms and definitions and clarify regulations and procedures related to ZTAs, ZMAs, SPs, and special exceptions.
It is expected not only to improve the administration of these Zoning regulations, but also to provide more clarity for the
public and others who use them.
BACKGROUND: The Board of Supervisors adopted a resolution of intent to amend the Zoning Ordinance to make
changes to Section 33 on April 5, 2017 (Attachment A). Included with other "clean-ups" are changes to Section 33 to
codify existing practice and provide greater precision with deferrals of ZMAs and SPs. A deferral occurs when an
applicant requests that staff suspend review of an application for a period of time or to extend the time for action by the
Planning Commission or Board of Supervisors.
At present, there are 35 zoning map amendment and special use permit requests under review. Over half are in some
state of deferral. Activity with staff is taking place on a few of these projects; however, for some of the others, applicants
have not been in contact with staff for many months or years_ Current wording in the zoning ordinance implies a three-
year limit for a project to achieve action by the Board of Supervisors but is not explicit. This lack of precision creates
problems about the status of a project for applicants and the public. It is even more troublesome for staff who must spend
at least ten hours per project ascertaining where a project sits on a time schedule for action by the Board of Supervisors if
action has not been taken within one year or has not been to the Planning Commission. More hours are then spent
cajoling applicants to make a written request for deferral. For example, on a controversial project submitted in early 2015,
an additional fifteen hours was spent trying to get an applicant to provide a written request to defer a project. This project
has not yet reached the Planning Commission for a public hearing and it is unknown when or if it will be scheduled. Such
a situation is not uncommon. Because these activities are so time consuming and unpredictable for the public, staff is
recommending that firm deadlines for action be included in the zoning ordinance.
DISCUSSION: Proposed zoning text changes are included in Attachment B. They codify current practice relating to
community meetings, provide a definitive time for action by the Board of Supervisors, and establish parameters and
procedures for requesting deferral and withdrawal of an application. The proposed timeline is for a maximum of 36 months
from acceptance of an appiication for review to action by the Board of Supervisors. Attachment C contains information on
the purpose for each proposed change. Proposed changes also relate to the timing for payment of fees and for fee
reductions if time rims out before the Board acts and an applicant must reapply. A roundtable discussion with members of
the development community is scheduled for July 16. Results of this meeting will be shared with the Commission on July
17.
Additional changes to Section 33 are under development by the County Attorney, which are similar to the "housekeeping"
amendments approved for other sections in the Zoning Ordinance in recent months. These minor non -substantive
changes will be provided with the amendments scheduled for public hearing later in the summer.
BUDGET IMPACT: The zoning text amendments related to deferrals and community meetings will allow for increased
staff time for development review or other planning projects. No additional staff or funding will be needed because of the
amendments.
RECOMMENDATION: Staff recommends that the Commission review the proposed changes, take public comment, and
advise on any desired changes prior to holding a public hearing on Section 33 of the Zoning Ordinance.
ATTACHMENTS:
Attachment A: Resolution of intent for Section 33 ZTA adopted April 5, 2017
Attachment B: Draft Zoning Text Amendment for a portion of Section 33
Attachment C: Table of Proposed Changes for Zoning Text Amendment draft July 2, 2018
ATTACHMENT A
ATTACHMENT B
RESOLUTION OF INTENT
WHEREAS, Section 35, Fees, of the Zoning Ordinance (Chapter 18 of the Albemarle
County Code) establishes a schedule of fees for various zoning related applications and
approvals under the Zoning Ordinance, and procedures and other requirements related thereto;
and
WHEREAS, it is desired to amend Section 35.1 of the Zoning Ordinance in order to
delete the fee for a citizen -initiated zoning text amendment; raise the application fee for zoning
map amendments and special use permit but attribute a portion of the fee for notice for a single
public hearing by the Planning Commission and the Board of Supervisors; provide for a refund
of this portion of the fee before a certain date; add a fee to re -advertise and provide other public
notice for additional public hearings; add a fee to reapply for a zoning map amendment or a
special use permit that is substantially the same as a withdrawn application, when authorized by
the Board of Supervisors; delete the fee to defer an application; and allow fees to be paid by
credit or debit card; and
WHEREAS, it is desired to amend Section 35.2 of the Zoning Ordinance to limit the
availability of the reduced fee when there is a simultaneous review of an application for a zoning
map amendment or a special use permit and a site plan or subdivision plat to only when an
application for a special use permit for outdoor display and sales is reviewed simultaneously with
a site plan; and
WHEREAS, it is desired to amend Section 35.3 of the Zoning Ordinance in order to
allow paid fees to be refunded if an application is withdrawn within 70 days after the date the
application is officially submitted.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good zoning practices, the Albemarle County Board of
Supervisors hereby adopts a resolution of intent to amend Section 35.1 of the Zoning Ordinance
to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public
hearing on the zoning text amendment proposed pursuant to this resolution of intent, and make
its recommendations to the Board of Supervisors at the earliest possible date.
ATTACHMENT B