HomeMy WebLinkAboutZTA201800005 Action Letter 2018-10-16COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434)296-5832
MEMORANDUM
TO: File
Fax (434)972-4012
FROM: William D. Fritz, Development Process Manager/Ombudsman
DATE: October 16, 2018
RE: ZTA2018-00005 Section 35 — Fees
The Albemarle County Planning Commission, at its meeting on September 25, 2018, recommends
adoption, by a vote of 6:0, of ZTA-2018-5 Section 35 - Fees draft ordinance found in Attachment B of the
staff report.
Albemarle County Planning Commission
September 25, 2018
The Albemarle County Planning Commission held a public hearing on Tuesday, September 25,
2018, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire
Road, Charlottesville, Virginia.
Members attending were Tim Keller, Chair; Bruce Dotson, Julian Bivins, Jennie More, Daphne
Spain; Pam Riley, Vice -Chair and Luis Carrazana, UVA representative. Karen Firehock was
absent.
Other officials present were Bill Fritz, Manager of Special Projects; Megan Nedostup, Principal
Planner; Tim Padalino, Senior Planner; Andrew Gast -Bray, Assistant Director of Community
Development/Director of Planning; Sharon Taylor, Clerk to Planning Commission and Andy
Herrick, Assistant County Attorney.
Call to Order and Establish Quorum
Mr. Keller, Chair, called the regular meeting to order at 6:00 p.m. and established a quorum.
The meeting moved to the next agenda item.
Public Hearing Items.
PROJECT: ZTA201800005 — Section 35 — 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
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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. (Bill Fritz)
Bill Fritz noted that Elaine Echols had wrote the repair and did all the hard work and so he gets
none of the credit here. This is a zoning text amendment to amend the fees to catch up with
the recent amendments to Section 33 and it:
• removes the fee for the zoning text amendment;
• changes the notice fees to be a flat fee;
• adds a fee for re -advertisement and re -applications;
• eliminates the fee for deferral;
• changes the fee calculations for when a site plan is submitted in conjunction with a
rezoning and special use permit;
• adds credit and debit transactions; and
• Includes a refund for projects that are withdrawn within 70 days of the official
submittal.
Mr. Fritz pointed out that after the ordinance was written he found very few mistakes and they
are all because of the renumbering within Section 35 or the changes to Section 33. He said
those changes could be made before we go to the Board because it is not substantive at all; it
simply points you to the right number and he can go through and tell you what those are.
Mr. Keller invited questions for staff.
Ms. Spain said in Section C, second page F3 zoning clearance for tourist lodging that is not the
Airbnb type lodging that we have been discussing.
Mr. Fritz replied that is the existing ordinance that deals with up to five rooms.
Ms. Spain said the tourist lodging would be an established B&B not transient lodging, and Mr.
Fritz replied yes.
Ms. Spain said then under 5f, this is my personal interest zoning clearance for temporary
funding activity. She asked if raising funds for the Girl Scouts in my garage then would she need
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to apply for a zoning clearance, and Mr. Fritz responded that he did not administer that so can't
answer that question of whether a zoning clearance would be required for that.
Ms. Spain said she would imagine that most people do not realize that it is a requirement.
Mr. Fritz responded that to my knowledge it is only done when they are making use of
commercial sites; however, since he does not administer that section so he is not 100 percent
positive.
Ms. Spain said she would expect the Girl Scouts do not apply for those since they sell outside of
grocery stores but since it is no loss of revenue it is okay. She said the final 10, 11 and 12 at the
bottom are 11 and 12 the variation or exception and is that supposed to be indented and apply
to the floodplain impact plan or are they separate.
Mr. Fritz replied that 11 and 12 are their own thing and if you are asking for a variation or
exception from one of the provisions in Section 32 and there are a couple of different sections.
He said however when you have a site plan and you are going through it is a provision of the
ordinance.
Mr. Bivins said he had a question on 35.5 on the last page because he had a hard time
understanding a. since the use applied for does not conform to the zoning prescribed for the
district in which the use is situated so therefore there is no fee because the use is not an
allowed use. He said so we are not going to charge you to tell you no you cannot do this thing
there.
Mr. Fritz responded no, what he believes that is saying is that if you have a nonconforming use
and that actually you would not be applying for anything.
Mr. Bivins agreed.
Mr. Fritz replied that he would have to follow up on that one because he did not know the
answer and it may no longer be necessary because that may have applied only in the case of
zoning text amendments.
Mr. More said she had a question for Attachment C on the second page, number 12 the
deferral of scheduled public meeting at applicant's request and that is struck through and just
wondered if you could clarify is that after advertisement of a public hearing has occurred.
Mr. Fritz replied that we got rid of that because we are collecting the notice fee up front and
then we are adding a re -advertisement and if they defer we need to re -advertise that; there is
now a re -advertisement fee.
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Ms. More said so that would take care of the time when we have had an advertisement and
then a deferral the Commission still had to convene and staff is here, nothing happens but we
are required to because we advertised.
Mr. Fritz pointed out if we had to do a re -advertisement yes, but with the other changes that
are going on that kind of situation should be much more infrequent and due to some
circumstances beyond control.
Mr. Keller invited further questions.
Ms. Spain pointed out on the first page on the staff report and this is a wordsmithing issue as
Commissioner Dotson calls it on the fourth bullet point down that says provide a fee and she
made this point on the draft and it was supposed to be changed and she thinks it should just
say "include a fee". She said that the other ones all are include, remove or add a fee so provide
is not consistent with the other uses and confusing to me.
Mr. Fritz agreed to the correction and that it should be included.
Ms. Spain said also we have talked here in the past about the additions to the orientation
materials for new Planning Commissioners and she thinks this chapter with the fees would be
important for commissioners to understand just how expensive it is for applicants to apply and
reapply but also to know when the fee would be waived. She asked is there a way to make that
request.
Mr. Herrick responded that we certainly could include this in the orientation materials.
Mr. Fritz pointed out that all of the fees are scheduled for reevaluation next year so we should
have better numbers about what the actual costs of review is so that when we are working with
the County Attorney's Office we will have better numbers.
Mr. Keller opened the public hearing and invited public comment. Hearing none, he closed the
public hearing to bring the matter back for further discussion and action.
Mr. Dotson moved that the Planning Commission recommend adoption by the Board of
Supervisors of ZTA-2018-5 Section 35 Fees.
Ms. Spain seconded the motion.
The motion was approved by a vote of 6:0 (Firehock absent).
Mr. Keller said the ZTA-2018-5 Fees would be forwarded to the Board of Supervisors to a date
to be determined with a recommendation for approval.
The meeting moved to the next item on the agenda.
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