Loading...
HomeMy WebLinkAboutZMA201800009 Action Letter Zoning Map Amendment 2018-12-05 V Y COUNTY OF ALBEMARLE TRANSMITTAL TO THE BOARD OF SUPERVISORS SUMMARY OF PLANNING COMMISSION ACTION AGENDA TITLE: AGENDA DATE: ZTA 2018-06 and ZMA 2018-09: Entrance Corridor December 5, 2018 —John Warner Parkway and Rio Road STAFF CONTACT(S): SUBJECT/PROPOSAL/REQUEST: Richardson,Walker, Kamptner, Herrick, Amend the zoning ordinance and zoning map to add Graham, Gast-Bray, Maliszewski the John Warner Parkway(State Route 2500), and the portion of Rio Road (State Route 631)between PRESENTER(S): the Norfolk Southern Railway tracks and the John Margaret Maliszewski Warner Parkway, as arterial highways in the entrance corridor overlay district. SCHOOL DISTRICT:Albemarle HS, Burley MS, Agnor-Hurt ES BACKGROUND: At its meeting on October 30, 2018, the Planning,Commission voted unanimously(6:0 Keller absent)to recommend adoption of both the Zoning Text Amendment and the Zoning Map Amendment. DISCUSSION: The Federal Highway Administration reclassified the John W.Warner Parkway as an arterial street in 2016, making the Parkway eligible to be classified as an entrance corridor and to be added to the Entrance Corridor Overlay District(County Code§ 18-30.6). Rio Road from Route 29 to the Norfolk Southern Railway tracks was designated an Entrance Corridor in 2005. The segment of Rio Road between the tracks and the Parkway is now also classified as an arterial street.Adding this segment to the Entrance Corridor Overlay District would make the corridor continuous. Designation of these roads would automatically apply Entrance Corridor Overlay zoning to adjacent parcels and property within 500' of the right-of-way, providing for Architectural Review Board review of new development as outlined in County Code § 18-30.6. RECOMMENDATIONS: Staff recommends that the Board adopt: 1. The proposed Zoning Text Amendment(Attachment D). 2. The Ordinance to approve the Zoning Map Amendment(Attachment E). ATTACHMENTS: A—Planning Commission staff report B—Planning Commission action letter C—Planning Commission minutes D—Proposed ZTA E—Ordinance approving ZMA ;, STAFF CONTACT: Margaret Maliszewski PLANNING COMMISSION: October 9,2018 BOARD OF SUPERVISORS: TBD ZTA 2018-06 and ZMA 2018-09: Entrance Corridor—John Warner Parkway and Rio Road ORIGIN: At its March 6,2018 meeting,the Planning Commission voted 5:0:2(More,Firehock absent)to ask the Board of Supervisors to consider this request.On July 11,2018,the Board of Supervisors adopted a resolution of intent(Attachment A)to amend the zoning ordinance and zoning map as described herein. PROPOSAL:Amend the zoning ordinance and zoning map to add the John Warner Parkway(State Route 2500),and the portion of Rio Road(State Route 631)between the Norfolk Southern Railway tracks and the John Warner Parkway, as arterial highways in the entrance corridor overlay district. PUBLIC PURPOSE TO BE SERVED: The addition of these streets as Entrance Corridors would serve the public by maintaining the visual integrity of the streets and ensuring that new development along them is compatible with the county's natural,scenic,historic and architectural resources, thereby enhancing the quality of life in the County. BACKGROUND: The Federal'Highway Administration reclassified the John W. Warner Parkway as an arterial street in 2016. That reclassification makes the Parkway eligible to be classified as an entrance corridor and to be added to the Entrance Corridor Overlay District(County Code§ 18-30.6). Rio Road from Rt. 29 to the Norfolk Southern Railway tracks was designated an Entrance Corridor in 2005.The segment of Rio between the tracks and the Parkway is now also classified as an arterial street. Adding this segment to the Entrance Corridor Overlay District makes the corridor continuous and allows for continuity in appearance. STAFF COMMENT: The classification of a street as an arterial meets one of the two State enabling legislation criteria for local Entrance Corridor designation. The other criterion is that the proposed street must represent a significant tourist access route to the locality or to designated historic sites within the County or adjoining localities.East Rio Road and the John Warner Parkway provide access from Route 29 North to downtown Charlottesville, which includes a wealth of historic sites. Designation of these roads automatically applies Entrance Corridor Overlay zoning to adjacent parcels and property within 500' of the right-of-way.A map of the affected properties is included as Attachment B. This request will be reviewed by the three criteria previously established by the Board for amendments: • Administration/Review Process: Applications received for ARB review will follow the current process, which is coordinated with the site plan and building permit processes. • Housing Affordability: No impacts on affordable housing are anticipated as a result of this amendment. • Implications to Staffing/Staffing Costs: Adding properties to the Entrance Corridor Overlay District will result in an increase in ARB applications,with a corresponding increase in staff review time. RECOMMENDED ACTION: Staff recommends adoption of the ordinance and map amendments. ATTACHMENTS Attachment A—Resolution of Intent Attachment B—Entrance Corridor Map Attachment C—Proposed Ordinance Language RESOLUTION OF INTENT WHEREAS,the Historic,Cultural, and Scenic Resources Chapter of the Albemarle County Comprehensive Plan states that one of the objectives of the County is to"Maintain the visual integrity of Albemarle's Entrance Corridors";and WHEREAS,the Albemarle County Comprehensive Plan, Chapter 5 (Historic,Cultural,and Scenic Resources),Strategy 8f proposes that consideration be given to placing the John Warner Parkway in the Entrance Corridor Overlay District to ensure that the visual integrity of the road is not diminished; and WHEREAS, the Planning Commission passed a resolution at its February 20,2018 meeting asking that consideration be given to placing the John Warner Parkway in the Entrance Corridor Overlay District;.and WHEREAS,development interest and activity in this heavily travelled East Rio/John Warner corridor makes this consideration timely. ' NOW,THEREFORE,BE IT RESOLVED THAT for purposes of public necessity, convenience,general welfare,and good zoning and development practices,the Albemarle County Board of Supervisors hereby adopts a resolution of intent to consider amending Albemarle County Code §18 • - 30.6.2 and any other sections of the Zoning Ordinance deemed to be appropriate 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 by this resolution of intent,and make its recommendations to the Board of Supervisors, at the earliest possible date. I, Claudette K Borgersen, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Albemarle County Board of Supervisors by a vote of five to zero, as recorded below, at a meeting held on July 11,2018. Clerk, Board ofCount/,hut [ s Clerk,Board of ounty Su rvtsors Aye Nay Mr. Dill Absent Mr. Gallaway Y Ms. Mallek Y Ms. McKeel Y Ms. Palmer Y Mr. Randolph Y Draft:August 28,2018 ORDINANCE NO. 18-18() AN ORDINANCE TO AMEND CHAPTER 18,ZONING, ARTICLE III,DISTRICT REGULATIONS, 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 III,District Regulations, is hereby amended and reordained as follows: By Amending: Sec. 30.6.2 Boundaries of the district. Chapter 18. Zoning Article III. District Regulations Section 30. Overlay Districts 30.6 Entrance Corridor Overlay District-EC (Added 10-3-90) 30.6.1 Purpose and Intent The purpose of this section 30.6 is to implement the enabling authority in Virginia Code § 15.2-2306(A) by identifying those arterial streets and highways found to be significant routes of tourist access to the county and to designated historic.landmarks,structures or districts within the county or in contiguous localities,and to require that the erection,reconstruction, alteration or restoration of structures,including signs,on parcels contiguous to those streets and highways as provided herein,be architecturally compatible with those historic landmarks or structures. The comprehensive plan provides that scenic resources contribute to the community's desirability as a place to live,enhance and protect property values, and contribute to the overall quality of life for the county's residents. The comprehensive plan also acknowledges that scenic resources are important to visitors as well as the county's residents,and that visitors to the Blue Ridge Mountains and the county's rural historic structures gather a lasting impression of the county as they travel the county's scenic roadways. The significant routes of tourist access within the entrance corridor overlay district provide access to the county and to many of the county's historic landmarks, structures and districts including,but not limited to Monticello,the home of Thomas Jefferson,which is on the World Heritage List administered by the United Nations and a National Historic Landmark,Ash Lawn-Highland,the home of James Monroe,the University of Virginia,whose Rotunda is on the World Heritage List and a National Historic Landmark,and whose academical village is on the World Heritage List,a National Historic • Landmark and a National Register Historic District, and the county's eight historic districts on the National Register of Historic Places, including the Southwest Mountains Rural Historic District and the Southern Albemarle Rural Historic District. The entrance corridor overlay district is intended to implement the comprehensive plan's goal to preserve the county's scenic resources because they are essential to the county's character,economic vitality and quality of life. An objective of this goal is to maintain the visual integrity of the county's roadways by using design guidelines. The entrance corridor overlay district will ensure that development is compatible with the county's natural,scenic,historic and architectural resources by providing for review of new construction along the identified significant routes of tourist access by an architectural review board under design guidelines promulgated by that board and ratified by the board of supervisors. (§ 30.6.1, 10-3-90; Ord. 10-18(5), 5-12-10) 1 Draft: August 28, 2018 30.6.2 Boundaries of the District The entrance corridor overlay district is established upon and comprised of those parcels contiguous to significant routes of tourist access,regardless of the underlying zoning district or the existence of other applicable overlay districts,as provided in section 30.6.2(b) as follows: a. Significant routes of tourist access. The following arterial streets and highway are found to be significant routes of tourist access and are hereinafter referred to in section 30.6 as"EC streets": 1. U.S.Route 250 East(Richmond Road). 2. U.S.Route 29 North(Seminole Trail). 3. U.S.Route 29 South(Monacan Trail). 4. Virginia Route 20 South(Monticello Avenue and Scottsville Road). 5. Virginia Route 631 (5'Street and Old Lynchburg Road) from Charlottesville City limits to Route 708 (Red Hill Road) and Virginia Route 631 (Rio Road West)from U.S. Route 29 North (Seminole Trail) to Route 743 (Earlysville Road). (Amended 11-14-90,4-12-00) 6. U.S.Route 250 West(Ivy Road and Rockfish Gap Turnpike). 7. Virginia Route 6 (Irish Road). 8. Virginia Route 151 (Critzers Shop Road). 9. Interstate Route 64. 10. Virginia Route 20 North(Stony Point Road). 11. Virginia Route 22(Louisa Road). 12. Virginia Route 53 (Thomas Jefferson Parkway). 13. Virginia Route 231 (Gordonsville Road). • 14. Virginia Route 240(Three Notch'd Road). 15. U.S.Route 29 Business (Fontaine Avenue) 16. U.S.Route 29/250 Bypass. • 17. Virginia Route 654(Barracks Road). (Added 11-14-90) 18. Virginia Route 742(Avon Street). (Added 11-14-90) 19. Virginia Route 649 (Airport Road) from U.S. Route 29 North(Seminole Trail) to Virginia Route 606(Dickerson Road). (Added 4-12-00) 20. Virginia Route 743 (Hydraulic Road and Earlysville Road)from U.S. Route 29 North(Seminole Trail)to Virginia Route 676 (Woodlands Road). (Added 4-12-00) 21. Virginia Route 631 (Rio Road)from U.S.Route 29 North(Seminole Trail)easterly to the Norfolk Southern Railway tracks. (Added 11-2-05) 2. Virginia Route 631 (Rio Road l between the Norfolk Southern Railway tracks and Vir.ginia Route 2500 (John W Warner Parkway)_ 23. Virginia Route 2500(John W.Warner Parkway), 2 • Draft:August 28,2018 b. Parcels contiguous to EC streets. Parcels contiguous to EC streets are: 1. Parcels sharing boundary with an EC street on reference date. Each parcel that had a boundary that was shared at any point with the right-of-way of an EC street on one of the following applicable reference dates: (i)on October 3, 1990 for those parcels sharing,a boundary with an EC street identified in section 30.6.2(a)(1)through(16); (ii) on November 14, 1990 for those parcels sharing a boundary with an EC street identified in section 30.6.2(a)(17) and,(18); (iii) on April 12, 2000 for those parcels sharing a boundary with an EC street identified in section 30.6.2(a)(19)and(20);and(iv)on November 2,2005 for those parcels sharing a boundary with an EC street identified in section 30.6.2(a)(21);_andly)on [insert date ordinance is adontedi for those parcels sharin. hioundary with an EC street identified in section 30 6 2(a1(221 and 23) (hereinafter,the"applicable reference date"). 2. Parcels not sharing boundary with an EC street. Each parcel within five hundred(500)feet of the right-of-way of an EC street that did not share at any point a boundary with the right-of-way of an EC street on the applicable reference date. c. Extent of overlay district. The overlay district extends across the entire width of each parcel contiguous to an EC street.The overlay district extends to the depth of each parcel as follows: 1. Parcels sharing boundary with an EC street on reference date. If the parcel shared a boundary with an EC street on the applicable reference date as provided in section 30.6.2(b)(1),the overlay district extends to the full depth of the parcel. 2. Parcels not sharing boundary with an EC street. If the parcel is within five hundred(500)feet of an EC street and did not share a boundary with an EC street on the applicable reference date as provided in section 30.6.2(b)(2),the overlay district extends to a depth of five hundred(500) feet from the right-of-way of the EC street. d. Effect of subsequent change to parcel boundaries. The subdivision,boundary line adjustment,or any other change to the boundaries of a parcel after the applicable reference date shall not reduce the area subject to this section 30.6 without a zoning map amendment that changes the boundaries to the entrance corridor overlay district. (§ 30.6.2, 10-3-90; 11-14-90; 9-9-92; Ord. 00-18(4),4-12-00; Ord. 01-18(3), 5-9-01; Ord. 05-18(9), 11-2- 05; Ord. 10-18(5), 5-12-10) 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 Clerk,Board of County Supervisors Aye Nay Mr. Dill Mr. Gallaway Ms. Mallek Ms.McKeel Ms. Palmer Mr.Randolph • Draft: August 28,2018 ORDINANCE NO. 18- AN ORDINANCE TO AMEND CHAPTER 18,ZONING, OF THE CODE OF THE COUNTY OF ALBEMARLE,VIRGINIA,BY AMENDING THE ZONING MAP TO EXTEND THE BOUNDARIES OF THE ENTRANCE CORRIDOR OVERLAY DISTRICT BE IT ORDAINED by the Board of Supervisors of the County of Albemarle,Virginia, that,pursuant to the authority contained in Virginia Code§ 15.2-2280,et seq.,including the purposes for zoning ordinances in Virginia Code§ 15.2-2283 and the material and relevant factors for establishing zoning districts set out in Virginia Code § 15.2-2284,the zoning map is hereby amended to extend the entrance corridor overlay district to those lands shown on the maps attached hereto as Exhibit A, which Exhibit is incorporated herein by reference. This ordinance shall be effective immediately. 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 Clerk,Board of County Supervisors Aye ny Mr.Dill Mr.Gallaway Ms. Mallek Ms.McKeel Ms.Palmer Mr.Randolph 4 • et OFA . IIIY •k et COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4012 MEMORANDUM TO: File FROM: Margaret Maliszewski, Chief of Planning/Resource Management DATE: November 6, 2018 RE: ZTA201800006 & ZMA20180009 Entrance Corridor—John Warner Parkway and Rio Road The Albemarle County Planning Commission, at its meeting on October 30, 2018, recommend adoption by a vote of 6:0, of ZTA201800006 &ZMA201800009 as recommended and found in Attachment C of the staff report. Albemarle County Planning Commission October 30,2018 The Albemarle County Planning Commission held a public hearing on Tuesday, October 30, 2018, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire Road, Charlottesville,Virginia. Members attending were Vice Chair Pam Riley, Karen Firehock, Julian Bivins, Daphne Spain, Bruce Dotson and Jennie More. Absent were Tim Keller, Chair and Luis Carrazana, UVA representative. Other officials present were J.T. Newberry, Economic Development Coordinator; Andrew Gast-Bray, Assistant Director of Community Development/Director of Planning; Margaret Maliszewski, Chief of Planning/Resource Management; Roger Johnson, Director of Economic Development; Sharon Taylor, Clerk to Planning Commission and Greg Kamptner, County Attorney. Call to Order and Establish Quorum Vice-Chair Pam Riley called the regular meeting to order at 6:00 p.m. and established a quorum. The meeting moved to the next item. Public Hearing Items. a. ZTA201800006 Entrance Corridor—John Warner Parkway and Rio Road Planning Commission will hold a public hearing October 30, 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 an ordinance that would amend Section 30.6.2, Boundaries of the District, of Chapter 18, Zoning, of the Albemarle County Code, to add both (a) State Route 2500 (John Warner Parkway) (the "John Warner Parkway") and (b) State Route 631 (Rio Road) between the Norfolk Southern Railway tracks and the John Warner Parkway, as arterial highways upon and along which an entrance corridor overlay district is established, and to add the date of adoption of this ordinance as an "applicable reference date." Development on parcels within an entrance corridor overlay district is subject to design review as provided in Albemarle County Code § 18- 30.6. A copy of the full text of the ordinance 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. (Margaret Maliszewski) AND b. ZMA201800009 Entrance Corridor John Warner Parkway and Rio Road The Planning Commission will hold a public hearing October 30, 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 an ordinance to amend the zoning map,which is part of Chapter 18, Zoning, of the Albemarle County Code, to establish an entrance corridor overlay district (Section 30.6 of Chapter 18 of the Albemarle County Code) upon each parcel sharing a boundary at ALBEMARLE COUNTY PLANNING COMMISSION—October 30,2018 1 18-577 and 18-578 Draft Minutes ZFA-18-6 and ZMA-2018-9 Entrance Corridor-John Warner Parkway and Rio Road any point with (a) State Route 2500 (John Warner Parkway) (the "John Warner Parkway") or (b) State Route 631 (Rio Road) between the Norfolk Southern Railway tracks and the John Warner Parkway("Rio Road East"), on the date of adoption of this ordinance and ZTA-2018-006, and upon each parcel within 500 feet of the right-of-way of the John Warner Parkway or Rio Road East that does not share a boundary at any point with the John Warner Parkway or Rio Road East, respectively, on the date of adoption of this ordinance and ZTA-2018-006. Development on parcels within an entrance corridor overlay district is subject to design review as provided in Albemarle County Code § 18-30.6.This proposed amendment would not affect the general usage and density• range authorized by the applicable underlying zoning district regulations for each parcel. The general usage and density range of the land use designations in'the comprehensive plan within the proposed John Warner Parkway and Rio Road East Entrance Corridors are as follows: (1) neighborhood density residential (residential, 3-6 units/acre, and supporting uses such as religious institutions, schools and other small-scale non-residential uses); (2) urban density residential (residential, 6.01-34 units/acre, and supporting uses such as religious institutions, schools, commercial, office and service uses); (3) urban mixed use in centers (retail, residential, commercial, employment, office, institutional, and open space); (4) institutional (civic uses, parks, recreational facilities, and similar uses on County'-owned property); (5) public open space (recreation and open space uses); and (6) privately owned open space/environmental features (privately owned recreational amenities and open space; floodplains, steep slopes, wetlands, and other environmental features). A copy of the zoning map 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. (Margaret Maliszewski) Ms. Maliszewski said that tonight we are discussing the possibility of adding the John Warner Parkway and a portion of Rio Road East to the Entrance Corridor Overlay District. You are already familiar with this topic. She said at your March 6 meeting earlier this year, you voted to ask the Board of Supervisors (BOS) to consider adding the parkway to the overlay district. On July 11, the BOS adopted a Resolution of Intent to do that. She said the Parkway was reclassified as an arterial street in 2016 by the Federal Highway Administration, which classification is one of the two State enabling legislation criteria for local Entrance Corridor designation. Ms. Maliszewski said the other criterion is that the proposed street must represent a significant route of tourist access to the locality or to designated historic sites within the locality or adjoining localities. She pointed out the Parkway connects with Rio Road East from Route 29 North to Downtown Charlottesville and Charlottesville is a locality with numerous historic sites and so the parkway qualifies under that criterion: She said Rio Road from Rt. 29 as far as the Norfolk Southern Railway tracks was designated an Entrance Corridor in 2005,the segment of Rio between the tracks and the Parkway is now also classified as an arterial street and so adding this segment to the Entrance Corridor Overlay District would make the corridor continuous. Ms. Maliszewski said designation of these roads would apply Entrance Corridor Overlay zoning to adjacent parcels and property within 500' of the right-of-way. She said that sometimes that is confusing so a diagram was included on the slide to detail how parcels are included in the overlay. She explained that parcels that are adjacent to the street are included to the full depth of the parcel and parcels that are not adjacent are included up to 500'from the right of way. She said the addition of these streets as Entrance Corridors serves the public by maintaining the visual integrity of the streets, ensuring that new development along them is compatible with the historic character ALBEMARLE COUNTY PLANNING COMMISSION—October 30,2018 • 2 18-577 and 18-578 Draft Minutes ZrA-18-6 and ZMA-2018-9 Entrance Corridor-John Warner Parkway and Rlo Road of the County,and that enhances the quality of life in the County. Ms. Maliszewski said that you are considering both a Zoning Text Amendment and a Zoning Map Amendment and so there is language in the ordinance that would be changed to make this happen. She said that language was included in your staff report and the zoning map would be updated accordingly. She said the Commission will be voting on two amendments and staffs recommendation is for adoption of both the ordinance and map amendments and have motion language when you are ready for it. She said we also have some additional photos if you would like to see them and enlarged maps if you need those for reference. Ms. Riley invited questions for staff. Mr. Dotson said since this is a County-initiated item is the abutting property owner notification process the same for this as for most rezonings, and Ms. Maliszewski replied yes. Hearing no other questions, Ms. Riley opened the public hearing and asked Mr. Kamptner if we need to handle these separately. Mr. Kamptner replied that you can open a single public hearing and there will be two actions at the end. Ms. Riley opened the public hearing for both ZTA-2018-6 and ZMA-2018-9 and invited public comment. Neil Williamson, with the Free Enterprise Forum, said right now your Entrance Corridor Ordinance is a mess and you have routes in that corridor that are not legal but they remain in the ordinance. He said there was a resolution of intent that was on a February agenda for the Board of Supervisors that was pulled from the consent agenda and never to be heard from again. In addition, you have design criteria that had not been reviewed in 8 years and these are structural problems. He said the people who deal with those structural problems are staff and the ARB who actually have no function in determining what roads become Entrance Corridors. He said he always likes to ask the question how many Entrance Corridors are enough since there are 22 Entrance Corridors, which was not the legislative intent when this came about. He said we believe that considering where the ordinance and design guidelines are today, which is something that he has heard this group talk about many times about the staff demands. He said the structural components are challenging because the Planning Commission brought forward this zoning text amendment, the regulations are not right, the Code is not right and it needs repair. He said in time he believes this is the right road to go in to complete the Corridor but this is not the time, and asked the Commission to please vote this down. John Springett, a resident in Dunlora Subdivision, said he wished the world was perfect and we were up to date in everything we tried to do, but he disagrees with the last speaker in terms of waiting on this proposition since he thinks enough has been done,you have done hard work and he believes we should move ahead. Pam Macintyre, resident on 446 Alwood Lane, said she did not understand how she was impacted by this and got a letter from you saying that she would be impacted by this. She asked who will give me more information. ALBEMARLE COUNTY PLANNING COMMISSION—October 30,2018 3 18-577 and 18-578 Draft Minutes ZTA-18-6 and ZMA-2018-9 Entrance Corridor-John Warner Parkway and Rio Road Ms. Riley asked staff to answer her question. Ms. Maliszewski explained that your property falls within the proposed overlay probably because it is within the 500 feet from the Parkway and the single-family detached residences do not undergo Architectural Review Board review so that property really would not be impacted. She said that the property falls within it but the additional design review regulations would not apply because of the zoning of your property, it is a single-family detached residence. She asked Mr. Kamptner if he wanted to weigh in on that. Mr. Kamptner, County Attorney, said that your type of house or building is exempt from the regulations that are being adopted. He suggested that Ms. Macintyre arrange a time to talk with Margaret and look at the map. Ms. Maliszewski pointed out if you still have that letter that my name and phone number are on it, and Ms. Macintyre replied okay,she would call. There being no further public comment, Ms. Riley asked Margaret to take one minute to describe the concept of the overlay. Ms. Maliszewski explained that an overlay is a district that overlays the underlying zoning so the underlying zoning is still there and just on top of that is the Entrance Corridor District and its regulations that go with it. Ms. Firehock said it adds additional regulations on top of the underlying zoning similar to a historic district where you have a certain zoning but then there might be additional rules that apply. She said however, in this case it did not apply to single-family residential. She said it is really governing rules so if someone wants to erect a new commercial structure there they have to come in and see that their building design purports to the standards for it to be in an Entrance Corridor and those are mostly aesthetic standards. Ms. Maliszewski pointed out that the vast majority of properties that are reviewed by the Architectural Review Board are commercial or multi-family residential. Ms. Riley said at this point because this is a public comment period she would ask Ms. Macintyre come and meet with the staff about your specific property just so we can move on with the meeting but thank you. She invited other public comment. Hearing none, the public hearing was closed and the matter before the Commission for discussion. Mr. Dotson said he was prepared to make a motion but did not want to close down the discussion. Mr. Firehock commented that years ago when the Planning Commission was asked to weigh in on priorities for the Board of Supervisors to work on when we were working on the Comprehensive Plan that as the past Chair of the Planning Commission that she looked at strategies and the Commission specifically recommended looking at the standards for the Entrance Corridors and making much more detailed and thoughtful character driven standards. She said it would be much as Charlottesville had gone through when it went through the process of reviewing their Entrance Corridors by looking at the character of each Corridor and making more site contextually sensitive ALBEMARLE COUNTY PLANNING COMMISSION—October 30,2018 4 18-577 and 18-578 Draft Minutes ZTA-18-6 and ZMA-2018-9 Entrance Corridor-John Warner Parkway and Rio Road recommendations. She said the Board of Supervisors at that time declined to take that up as a priority and so the Planning Commission unfortunately or fortunately, however you look at it, is not able to direct the Board of Supervisors to do things, we are only able to recommend and they did not agree to that recommendation. Therefore, she just wanted to say that for the record, we did understand the importance of that but it has not been mutually agreed to. Ms. Maliszewski said that she would just add that staff and the ARB are interested in doing that as well but she thinks that we may be getting into some of that as we proceed with the Rio 29 work that might be able to lead to some additional updates. Mr. Gast-Bray said that it is complex because the mechanisms that were originally envisioned with the original legislation really did not apply very well to what we were trying to achieve In the long run. He said that having a better tool and mechanistic structure that actually addresses what we are trying to achieve preserving special corridors and character that are not best served by the legislation under which we were doing that; so it was always a tough fit and we were challenged and always facing issues. He said hopefully with any new work we would be addressing a mechanism that will allow us to go forward. Mr. Dotson said that he wanted to make a motion based on being consistent with the Comprehensive Plan, treatment with those properties that are located west of the railroad track and with tourism, one of the goals of our Economic Development Strategic Plan that we will be talking about shortly. He moved to recommend adoption of ZTA-2108-06 Entrance Corridor—John Warner Parkway and Road to the Board of Supervisors in response to the Planning Commission recommendation. Ms. Firehock seconded the motion. Ms. Riley invited further discussion. Ms. More said that she was not opposed to moving forward with this but thinks what you just said makes me even more concerned about the need to revisit the design regulations and not letting that piece slip away from us. She noted that we have heard about it and your answer makes me a little more concerned that it is something that we need to revisit even though it does not make me not want to add this to it. Mr. Gast-Bray said let me just say that this way all parties are in agreement that the segment that is being chosen in particular is not one of those corridors and this would not inhibit our ability to move forward in that way and repair those things and this was consistent with the original consideration of the matter. He said it is independent of your ruling tonight, the problems that we have fundamentally with the other ones. Ms. More said we must acknowledge that they are there. Ms. Riley asked for a roll call. The motion passed by a vote of 6:0(Keller absent). Mr. Dotson moved that the Planning Commission recommend to the Board of Supervisors that they ALBEMARLE COUNTY PLANNING COMMISSION—October 30,2018 5 18-577 and 18-578 Draft Minutes ZTA-18-6 and ZMA-2018-9 Entrance Corridor-John Warner Parkway and Rio Road adopt Zoning Map Amendment ZMA-2018-09 Entrance Corridor— John Warner Parkway and Rio Road. Ms. Spain seconded the motion. Ms. Riley invited further discussion. Hearing none,she asked for a roll call vote. The motion passed by a vote of 6:0(Keller absent). Ms. Riley said both ZMA-2018-09 and ZTA-2018-6 was unanimously recommended for adoption and would be forwarded to the Board of Supervisors at a date to be determined. The meeting moved to the next item. ALBEMARLE COUNTY PLANNING COMMISSION—October 30,2018 6 18-577 and 18-578 Draft Minutes ZTA-18-6 and ZMA-2018-9 Entrance Corridor-John Warner Parkway and Rio Road Draft: November 19,2018 ORDINANCE NO. 18-18() • AN ORDINANCE TO AMEND CHAPTER 18,ZONING,ARTICLE III,DISTRICT REGULATIONS, 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 III,District Regulations,is hereby amended and reordained as follows: By Amending: Sec. 30.6.2 Boundaries of the district. Chapter 18. Zoning Article III. District Regulations Section 30.Overlay Districts 30.6 Entrance Corridor Overlay District-EC(Added 10-3-90) 30.6.1 Purpose and Intent The purpose of this section 30.6 is to implement the enabling authority in Virginia Code § 15.2-2306(A) by identifying those arterial streets and highways found to be significant routes of tourist access to the county and to designated historic landmarks, structures or districts within the county or in contiguous localities,and to require that the erection,reconstruction, alteration or restoration of structures, including signs,on parcels contiguous to those streets and highways as provided herein,be architecturally compatible with those historic landmarks or structures. The comprehensive plan provides that scenic resources contribute to the community's desirability as a place to live, enhance and protect property values, and contribute to the overall quality of life for the county's residents. The comprehensive plan also acknowledges that scenic resources are important to visitors as well as the county's residents, and that visitors to the Blue Ridge Mountains and the county's rural historic structures gather a lasting impression of the county as they travel the county's scenic .roadways. The significant routes of tourist access within the entrance corridor overlay district provide access to the county and to many of the county's historic landmarks, structures and districts including,but not limited to Monticello,the home of Thomas Jefferson,which is on the World Heritage List administered by the United Nations and a National Historic Landmark,Ash Lawn-Highland,the home of James Monroe,the University of Virginia,whose Rotunda is on the World Heritage List and a National Historic Landmark, and whose academical village is on the World Heritage List, a National Historic Landmark and a National Register Historic District, and the county's eight historic districts on the National Register of Historic Places,including the Southwest Mountains Rural Historic District and the Southern Albemarle Rural Historic District. The entrance corridor overlay district is intended to implement the comprehensive plan's goal to preserve . the county's scenic resources because they are essential to the county's character,economic vitality and quality of life. An objective of this goal is to maintain the visual integrity of the county's roadways by using design guidelines. The entrance corridor overlay district will ensure that development is compatible with the county's natural,scenic,historic and architectural resources by providing for review of new construction along the identified significant routes of tourist access by an architectural review board under design guidelines promulgated by that board and ratified by the board of supervisors. (§ 30.6.1, 10-3-90; Ord. 10-18(5),5-12-10) 1 • Draft: November 19,2018 30.6.2 Boundaries of the District The entrance corridor overlay district is established upon and comprised of those parcels contiguous to significant routes of tourist access,regardless of the underlying zoning district or the existence of other applicable overlay districts,as provided in section 30.6.2(b) as follows: a. Significant routes of tourist access. The following arterial streets and highway are found to be significant routes of tourist access and are hereinafter referred to in section 30.6 as"EC streets": 1. U.S.Route 250 East(Richmond Road). 2. U.S.Route 29 North(Seminole Trail). 3. U.S.Route 29 South(Monacan Trail). 4. Virginia Route 20 South(Monticello Avenue and Scottsville Road). 5. Virginia Route 631 (5!"Street and Old Lynchburg Road) from Charlottesville City limits to Route 708 (Red Hill Road) and Virginia Route 631 (Rio Road West)from U.S.Route 29 North (Seminole Trail)to Route 743 (Earlysville Road). (Amended 11-14-90,4-12-00) 6. U.S.Route 250 West(Ivy Road and Rockfish Gap Turnpike). 7. Virginia Route 6(Irish Road). 8. Virginia Route 151 (Critzers Shop Road). 9. Interstate Route 64. 10. Virginia Route 20 North(Stony Point Road). 11. Virginia Route 22 (Louisa Road). 12. Virginia Route 53 (Thomas Jefferson Parkway). 13. Virginia Route 231 (Gordonsville Road). 14. Virginia Route 240(Three Notch'd Road). 15. U.S.Route 29 Business (Fontaine Avenue) 16. U.S.Route 29/250 Bypass. 17. Virginia Route 654(Barracks Road). (Added 11-14-90) 18. Virginia Route 742(Avon Street). (Added 11-14-90) • 19. Virginia Route 649 (Airport Road) from U.S. Route 29 North(Seminole Trail) to Virginia Route 606 (Dickerson Road). (Added 4-12-00) 20. Virginia Route 743 (Hydraulic Road and Earlysville Road) from U.S. Route 29 North(Seminole Trail)to Virginia Route 676(Woodlands Road). (Added 4-12-00) 21. Virginia Route 631 (Rio Road)from U.S. Route 29 North(Seminole Trail) easterly to the Norfolk Southem,Railway tracks. (Added 11-2-05) 22 Virginia Route 631 (Rio Road)between_the Norfolk Southern Railway tracks and Virginia Route 2500(John W.Warner Parkway)_ 23. Virginia Route 250(1(John W. Warner Par vay). 2 Draft: November 19,2018 b. Parcels contiguous to EC streets. Parcels contiguous to EC streets are: 1. Parcels sharing boundary with an EC street on reference date. Each parcel that had a boundary that was shared at any point with the right-of-way of an EC street on one of the following applicable reference dates: (i)on October 3, 1990 for those parcels sharing a boundary with an EC street identified in section 30.6.2(a)(1) through(16); (ii) on November 14, 1990 for those parcels sharing a boundary with an EC street identified in section 30.6.2(a)(17) and(18); (iii)on April 12,2000 for those parcels sharing a boundary with an EC street identified in section 30.6.2(a)(19)and(20);and(iv)on November 2,2005 for those parcels sharing a boundary with an EC street identified in section 30.6.2(a)(21); and(v)on December 5,2018 for those parcels sharine a boundary with an EC street identified in section 30.6 2(al(221 and(231(hereinafter,the "applicable reference date"). 2. Parcels not sharing boundary with an EC street. Each parcel within five hundred(500) feet of the right-of-way of an EC street that did not share at any point a boundary with the right-of-way of an EC street on the applicable reference date. c. Extent of overlay district. The overlay district extends across the entire width of each parcel contiguous to an EC street. The overlay district extends to the depth of each parcel as follows: 1. Parcels sharing boundary with an EC street on reference date. If the parcel shared a boundary with an EC street on the applicable reference date as provided in section 30.6.2(b)(1),the overlay district extends to the full depth of the parcel. 2. Parcels not sharing boundary with an EC street. If the parcel is within five hundred(500)feet of an EC street and did not share a boundary with an EC street on the applicable reference date as provided in section 30.6.2(b)(2),the overlay district extends to a depth of five hundred(500) feet from the right-of-way of the EC street. d. Effect of subsequent change to parcel boundaries. The subdivision,boundary line adjustment,or any other change to the boundaries of a parcel after the applicable reference date shall not reduce the area subject to this section 30.6.without a zoning map amendment that changes the boundaries to the entrance corridor overlay district. (§ 30.6.2, 10-3-90; 11-14-90; 9-9-92; Ord. 00-18(4),4-12-00; Ord. 01-18(3), 5-9-01; Ord. 05-18(9), 11-2- 05; Ord. 10-18(5),5-12-10) 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 Clerk,Board of County Supervisors Aye Nay Mr. Dill Mr. Gallaway Ms. Mallek Ms. McKeel Ms. Palmer Mr.Randolph 3 A ORDINANCE NO. 18-A(6) AN ORDINANCE TO AMEND CHAPTER 18,ZONING,OF THE CODE OF THE COUNTY OF ALBEMARLE,VIRGINIA,BY AMENDING THE ZONING MAP TO EXTEND THE BOUNDARIES OF THE ENTRANCE CORRIDOR OVERLAY DISTRICT BE IT ORDAINED by the Board of Supervisors of the County of Albemarle,Virginia,that,pursuant to the authority contained in Virginia Code § 15.2-2280,et seq.,including the purposes of zoning ordinances in Virginia Code § 15.2-2283 and the material and relevant factors for establishing zoning districts set out in Virginia Code § 15.2-2284,the zoning map is hereby amended to extend the entrance corridor overlay district to those lands shown on the maps attached hereto as Exhibit A,which Exhibit is incorporated herein by reference. This ordinance shall be effective immediately. 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 Clerk,Board of County Supervisors Aye Nav Mr.Dill Mr. Gallaway Ms.Mallek Ms.McKeel Ms.Palmer Mr.Randolph • inlunto Lk,a, ��3 � , {. .r �y e •O�� urn �� • I, .t a m c, ♦�♦ WI a� 4 ,,,,,,, ....., .. ...... -,..) , 10- spran 't icz, •00 • so'tor • � tt..•. ba\ o . ? 4111. � tliy y� • br ♦♦c ,, s•O= r ' pa �,,` ‘.4`•ow. 11 /4W -,,qe lit %V 4.111 Of Q. 41' o I� K O��tptxso�� .',��,•G�pd -III O hill mtl� 0� �U.,;,: ?} `1 9s MION SQ:1P��.' '�•.. Si •, �••••. 7% �, ,,,5,-*;,. ', ALE a1\st.44. • , /i�/ \'i��////�� 1 ; � c 416 .,4 \����•,�;�-=rit e►� :7:11.14111: AArlilir ' 001E'A ..:.'",4404M04 I il vs" 1°°' * te'lli .i., 1 10-#, g ,,,,,,,„ .fr,,,,.._, ,,....r,„._,,,,,,,..,,, 4,. , ,,,,,,,,,_, de .„. In, vg 4 I 40• hrilr Ntbl R° ,Qlf•K� EFhg 7 'ir,"z. e , ,Iel A / ♦4� kelp Air R?F4 ..as: a1 ,.,,T,I �r �II��\ t111001, tee` alt Mai R��ow= /� �,�\I$- ...•4 1 'm1111-• ."iVEa cHASEimp•LN imor 1111111111 \ likta *AIWA AS lip .4.,.2. 411iity - /4'. /7 ori '- 1'9%.- it.\\1/4)r.,:ber. 4rAili1P. 416' 0.111 .11 P J s;� ► �' k'j< ' . .' moo/ too ��/�=y ,/ ,• 11r�� op J v:.... 4.• 4/ x} '•�. A.?. aj 4 , 10 � citailraf- `41 o�\\`/ Ilk . 4 � � \l� I O ,, 44.1%%. „,. , . .... tiv *,-,4,,,,„,,,,p,„ 7 044.4 figi 431 \ }r i ii, /T'p �` G q�- / ..► .4111 i NE�N kir• ,,. A. ,� k' City of % ®:;; : -; �N/ 4t 44 _ Charlottesville '>+u -*V_ ., •.AF It / Yr �\ `. . N P Y....,,,„.# 34, .$ **r `�.� ****Existing Entrance Corridor Street �`p2 0 ****Proposed Entrance Corridor Street l V l Existing Entrance Corridor Overlay '`£` P ,...�.i 1 I Proposed Entrance Corridor Overlay Addition / • %�••4,74 —Roads �hr*r Parcels 9/21/18 — ) Feet =EV` � ._. _.__- v...__.. -_ 0 500 1.000 2.000 ` ía MO ? Not-i41.11• COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4012 MEMORANDUM TO: File FROM: Margaret Maliszewski, Chief of Planning/Resource Management DATE: November 6, 2018 • RE: ZTA201800006 & ZMA20180009 Entrance Corridor — John Warner Parkway and Rio Road The Albemarle County Planning Commission, at its meeting on October 30, 2018, recommend adoption by a vote of 6:0, of ZTA201800006 &ZMA201800009 as recommended and found in Attachment C of the staff report.