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HomeMy WebLinkAbout08 03 2011 PC MinutesAugust 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 1) FINAL MINUTES A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on August 3, 2011, at 9:00 a.m., Lane Auditorium, County Office Building, McIntire Road, Charlottesville, Virginia. 3:30 p.m. — Room 241 - Work Session: 21. Joint meeting with PC/ARB/BOS on ministerial and legislative changes. At 4:07 p.m., the Board took a recess. Agenda Item No. 22. Joint Meeting with Planning Commission and Architectural Review Board. At 4:13 p.m., the Chair called the Board of Supervisors back to order in Room 241. PLANNING COMMISSION MEMBERS PRESENT: Mr. Don Franco, Mr. Thomas Loach, Mr. Calvin Morris, Mr. Russell Lafferty, Ms. Linda Porterfield and Mr. Duane Zobrist. ABSENT: Ms. Julia Monteith and Mr. Edward Smith. ARCHITECTURAL REVIEW BOARD MEMBERS PRESENT: Mr. William Daggett, Mr. Charles Lebo and Mr. Bruce Wardell. ABSENT: Mr. Fred Missel and Mr. Paul Wright Mr. Graham reported that this is a follow-up work session to those held with the Board last year in response to a Board action plan adopted in January 2010, with the primary goal being that the processes in the County do not make it unnecessarily difficult for development to move forward. He stated that one of the things discussed last year was clarifying their goal because while the County is trying to work on shortening approval times and get rid of unnecessary and burdensome regulations, there was also the goal of maintaining opportunities for public information and input — as well as maintaining community quality. There was recognition that this is a balancing act. Mr. Graham said that today Mr. Fritz would talk about the subdivision and site plan processes, with questions taken after his presentations and some direction given from the Board; following that, the rezoning and special use permit (legislative) processes would be discussed by Mr. Cilimberg. Item No. 22a. Community Development — Site Plan and Subdivision Review Process The executive summary presented to the Board stated that in January 2010, the Board adopted an Action Plan calling for staff to bring forward recommendations for "... reducing unnecessary and burdensome regulations and shortening approval times" related to the County's review and approval of site plans and subdivisions. On June 2, 2010, the Board heard a presentation on possible changes to the site plan and subdivision review processes and directed staff to continue to work on these issues. On September 7, 2010, a work session was held with the Architectural Review Board (ARB) and on September 14, 2010, a work session was held with the Planning Commission (PC). The minutes from those meetings are included as Attachments A and B to this Executive Summary. On July 28, 2010, a public roundtable was held and a summary of the comments received during this meeting is included as Attachment C. Staff considered all of the comments received and considered how potential changes would advance the goals set out by the Board of Supervisors. It is staff's opinion that a number of changes can be made that will be relatively easy to implement and will slightly reduce review time without adversely impacting the quality of design. Below are the recommended changes to the review process along with a brief summary of the impact of the change: ir.r 1. Preapplication submittal with review in 10 days to determine main issues and required waivers This will allow applicants to quickly and easily identify major issues with a development proposal. This action should streamline the review process somewhat because formal applications, when made, will M August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 2) FINAL MINUTES be more complete. This eliminates delays in the review process brought on by confusion over the request or lack of necessary information to review a proposal. 2. Reduced plan content to the minimum necessary for review Limited reduction in plan content may be possible for the preliminary plan. This will not reduce the review period but may reduce some burden on applicants. This change has minimal impact. 3. Public notified of Site Review Meeting and asked to attend and provide comment Notification to adjacent owners currently occurs. Re-evaluating when these meetings occur (day or evening) and stressing that these meetings are an opportunity to talk to the applicant and County staff may serve to improve public input and allow developers to respond to public comments. 4. Establish clearer submittal requirements for the final site plan The current ordinance and review process does not provide clear guidance for the final site plan approval process. Implementing this change will likely reduce the burden on the applicant and shorten the time required for final site plan approval. 5. Establish that any comment not responded to within 6 months deems the proiect withdrawn When revisions are received long after comments have been made considerable staff time is spent on re -familiarizing with the project. In addition, the project may need to essentially be re -reviewed in order to insure that no ordinance changes have occurred. In addition, only a minimal fee is required for re -activating a project. A process for applicants to request an extension to the 6 month time limit would be established. Implementing this change will allow staff to be more efficient in reviewing projects. 6. Allow the issuance of grading permits with the approval of the initial (preliminary) site plan This is consistent with the current practice for subdivisions and planned developments. Construction of streets within a subdivision may occur currently after the approval of the preliminary plat and the road plans. Grading within planned developments may occur after the approval of an erosion and sediment control plan that is consistent with the application plan. Implementing this change will shorten the total time required to build out a development. Staff recommends that the above changes be implemented. The changes listed above will serve to improve slightly the site plan and subdivision review process. Staff also has identified two options for changing the site plan and subdivision review process that retain the potential to have a greater reduction in review times. These options involve significant policy changes from current procedures: Option 1: Agent approval instead of PC approval with no right for site plans or subdivision plats to be called up for review by the PC. ARB reviews projects in Entrance Corridor Districts prior to preliminary approval. Option 2: Agent approval instead of PC approval with no right for site plans or subdivision plats to be called up for review by the PC. No ARB review of site design. ARB review limited to building, lighting and landscaping design. Proposal Pros Cons Staff/Budget Impacts Agent approval Allows projects not within PC review if waivers are involved. Slight increase in ARB instead of PC Entrance Corridors to be This will be minimized if waivers workload due to switching of approval. ARB processed administratively. are codified or made public input from PC to ARB, reviews projects Maintains public hearing administrative. Potentially even though the issues are in Entrance process for some items. reduces public input for non -EC different. Reduction in PC Corridor Districts Maintains ability for design projects. No reduction in review workload. Time/budget prior to review. Allows for some time for EC projects. savings of PC limited to the preliminary reduction of review time for time spent preparing staff approval. projects in EC. reports, attending public meetings and generating minutes. Agent approval i Allows for reduced review May result in reduction in quality 1 ARB staff impacts -Some E9 August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 3) FINAL MINUTES instead of PC times. of the built environment. reduction in ARB staff approval. No Reduces the potential for public workload due to elimination of ARB review of input. Standard-ized Entrance requirement for review for site site design. ARB Corridor design criteria may result design. review limited to in "cookie cutter" style building, lighting development. ARB review may PC staff impacts -Time/budget and landscaping be required if waivers to design savings limited to the time design. standards are sought. If waiver spent preparing staff reports, requests become common -place attending public meetings and no reduction, and possibly an generating minutes. increase in review times may occur. Staff opinion is that Option 1 will best serve the interests of the County, development community and the public. It will reduce review times for some projects significantly and will still allow design quality to be maintained. The full budget impact cannot be determined until a text amendment is prepared. The proposed changes to the review process will likely reduce the impact on the budget. No adverse impact on the budget is anticipated. Staff recommends the following changes to the site plan and subdivision review process: 1. Preapplication submittal with review in 10 days to determine main issues and required waivers. 2. Reduced plan content to minimum necessary for review. 3. Public notified of Site Review Meeting and asked to attend and provide comment. 4. Establish clearer submittal requirements for the final site plan. 5. Establish that any comment not responded to within 6 months deems the project withdrawn. 6. Allow the issuance of grading permits with the approval of the initial (preliminary site plan). 7. Agent approval instead of PC approval. ARB reviews projects in Entrance Corridor Districts prior to preliminary approval (Option 1). Staff recommends that the Board consider the options identified by staff and provide guidance that will allow staff to prepare a resolution of intent necessary to initiate the necessary zoning and subdivision text amendments. Mr. Fritz reported that in June 2010 staff came to the Board with some recommendations, with guidance from them in the development of recommendations in this report: 1) clearly stating submittal requirements and require appropriate level of detail; 2) specify time frames/limits for reviews and approvals to ensure timely decisions; 3) allow more decisions to be handled administratively; eliminate multiple public hearings; and presumption of approval (approve to minimum standards). He said they also kept in mind time delays and the cause for any slowing down of the review process: 1) multiple resubmissions; failure to provide necessary corrections; 2) Certificate of Appropriateness (ARB); 3) Planning Commission approval of waivers or modifications; 4) Planning Commission review of plans; and 5) outside agencies (e.g. VDOT, ACSA, Health. Mr. Fritz stated that the County doesn't have much to do with addressing the outside agencies but did try to ensure that their review times are not extended. He said that the key concepts used when staff was trying to determine whether they were doing the right thing in terms of recommendation: 1) predictable for applicants and citizens; 2) maintaining opportunity for public input; 3) maintaining quality development; and 4) reducing approval time. With that in mind, Mr. Fritz stated, staff is recommending six proposals to be endorsed for the subdivision and site plan process — but there will not be substantial improvement in the review process timelines with these changes: 1) preapplication submittal with review in 10 days to determine main issues and required waivers. This would identify any information needed in order for the waiver to be reviewed. He said that in many cases applications are incomplete and there is a back and forth just getting the application ready to be reviewed, so this could help reduce review time as well as reducing confusion and August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 4) FINAL MINUTES the burden on the applicant as far as what to submit; 2) reducing plan content to the minimum necessary for review. This does not significantly reduce review time, but it could reduce the burden on the applicant in terms of submittal. Staff does not see a lot of opportunities for reduction in plan content, but there may be some possibilities there; 3) public notification of Site Review Meeting and asked to attend and provide comment. He said that staff already does that but they looked at enhancing it in terms of when the meeting is held. He said they considered whether the timing of the meeting was the best and most appropriate time, noting that it is currently done on Thursdays at 10:00 a.m.; 4) establish clearer submittal requirements for final site plan. Currently the final site plan processes are not written out clearly in the ordinance or County policies — so clarifying that would help avoid confusion for the applicant and should improve staff efficiency, which may help reduce review timelines; 5) establish that any comment not responded to within six months deems the project withdrawn. That could have a potential impact on the review process because staff spends a lot of time refamiliarizing itself on old projects that come back. The public also loses track of the status of the project so this would help maintain public input and improve staff's efficiency — with extension processes built in; and 6) allow the issuance of grading permits with the approval of the initial or preliminary site plan. This would potentially shorten the overall time it takes for a development to occur — not necessarily what the review time would be. Mr. Fritz said that staff has looked at the process from concept to actual occupancy of a building and is aware of issues there in terms of dealing with certificates of appropriateness, design guidelines, landscaping, etc. He stated that this work session will not get into that level of detail, but staff is proposing that a concept be formed with early grading permits — which is already done with two other types of developments. Mr. Fritz explained that with subdivision approval you can start road construction before your final subdivision is approved, and planned developments can be graded as long as it is consistent with the application plan approved with the planned development — staff is proposing to treat preliminary site plans the same way. , Ms. Mallek asked if this would only leave the final site plan process to be able to move forward. Mr. Fritz responded that there would have to be some initial preliminary approval that would have had to occur, just as in a rezoning, without all the details worked out yet. Mr. Loach asked if there would be no pending waivers on the site at that time. Mr. Fritz explained that the concept staff has shared with the Board, Commission and ARB was that the preliminary approval would be granted with the stipulation that early grading could be done when specific things such as a landscape plan or waiver are accomplished. Mr. Lafferty asked if this would include installation of utilities as part of the grading. Mr. Fritz replied that it could potentially include stormwater and other utilities, which can be done now with road plans, but that is something to be finalized in the text amendment. He said that it is probable that some utilities could be done, but the work wouldn't be done to determine where lines and such would go or what size of pipe would be needed. Mr. Rooker stated that there are some advantages to this approach, but also some risks to the applicant noting that Albemarle Place does not have final site plan approval but is doing substantial grading and stormwater work. He said there is always the possibility they could never come to an agreement with respect to their final site plan, or final ARB approval for what they are trying to do, but they are making a substantial investment while those decisions are still pending. You are not necessarily doing the applicant a favor all the time by advancing grading. Mr. Dorrier asked if Stonefield (formerly Albemarle Place) has the records and permits needed to do what they want. Mr. Graham replied that they cannot even do the preliminary grading without some installation of storm utilities because once the ground is disturbed the drainage patterns are affected, and there must be some utilities put in just to make the site work. on August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 5) FINAL MINUTES Mr. Fritz mentioned that Branchlands was graded for a long time before the first buildings went in and some people were concerned that it sat graded but idle for a long time. Mr. Fritz said that the proposals he mentioned are what staff recommends, but they also have two other options that are significant changes — both of them shifting approval of site plans or subdivisions from the Planning Commission, with the agent making that decision. Mr. Fritz noted that the Commission would still be involved with waivers and modifications, but staff recommends that over time more of those waivers and modifications have standards developed so that they are performance standards or administrative waivers. He said that the first option is agent approval only after ARB review occurs, with the second option being agent approval without ARB review. The ARB would not be involved in site design. The ARB would be involved in only the review of the site for the building design - lighting and the structure itself. Mr. Lafferty asked if this is a different agent than the previous. Mr. Fritz responded that this would be him. Currently the agent approves the site plans and subdivisions after the Site Review Committee has approved it, with VDOT, the Health Department, the Service Authority and others as members of that Committee. He said that this shift would make the ARB like the Service Authority or VDOT whereby they will have to have reviewed the project before it gets preliminary approval, applying only to projects in the Entrance Corridor District. Option two, he said, would have no ARB involvement and would be done just like it is now except there would not be an appeal process to the Commission for site plans and subdivisions. Mr. Fritz added that staff currently approves some now if they are not in the EC. Ms. Mallek asked if there was an appeal process for those circumstances. Mr. Fritz explained that a project can be appealed to the Planning Commission but there are a lot of projects that do not get appealed. He said if the Site Review Committee finds it meets the standards for r preliminary approval, staff can approve it with whatever conditions must be satisfied for the final — and this new recommendation is that it be done in all cases, with no appeal process. Mr. Zobrist pointed out that any member of the Planning Commission can call it up. Mr. Fritz said that abutting property owners, the Planning Commission, the applicant, or staff can appeal it — but this would mean there would be no appeal process. Mr. Boyd commented that the Planning Commission has no authority to do anything with it anyway. Mr. Fritz responded that that's the primary reason staff is recommending this change, as there have been situations where people have appealed and it has to be approved by the Commission because it meets all the requirements of the Ordinance. Ms. Mallek said she likes the idea of the ARB review being earlier. Mr. Fritz said that option two simplifies the process and shortens review times, but also significantly reduces the role of the ARB — so in an effort to maintain quality, staff is recommending option one. Ms. Porterfield said that her concern when she first saw this is that it removes people who have direct input from a magisterial district, as there are six people who are appointed to handle a district — and when this is moved to the ARB this is not really their purview. She asked if there had been no appeals in the past that could not have been overturned by the Planning Commission. ;* Mr. Fritz replied that he cannot think of a by -right project that has ever gone to the Commission on appeal that staff was recommending approval for, that the Commission could deny. He also said that some of those cases were appealed to the Board and they overturned the denial, but he cannot recall a August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 6) FINAL MINUTES time when the Planning Commission found a provision in the ordinance where an application was not meeting those requirements. Ms. Porterfield asked what items would be considered for public hearings, and who the public hearing entity would be. Mr. Fritz said that projects in the Entrance Corridor would be going to the ARB and would have a public hearing process, and other projects would only go to the Site Review Committee — not to the Planning Commission. Ms. Porterfield responded that none of the people on the Site Review Committee are the people who have been appointed to look out for residents and businesses in the community. Ms. Mallek said that before this would happen there would have to be a really careful set of guidelines and criteria, so the application is already meeting a high standard. Mr. Rooker stated that site plan approval is statutory so an application only has to meet the requirements for that approval. Mr. Fritz said at any time design criteria could be amended within the limits of the State Code. Mr. Rooker noted that when he was on the Planning Commission, projects would be brought forward and because there was local input sometimes things would be changed at that level in responses to concerns. He said that while the Commission does not have discretion to deny an application, that is a point at which voluntary changes can be made. Mr. Rooker stated that it is up to the Commission as to what the value of that is. +►` Mr. Loach stated that it is often a double-edged sword as there is an expectation that cannot be met due to statutory requirements, but there are changes and agreements made in certain circumstances. The problem with the other issue with the site review only is that it is done mostly during the day so community access is limited. Mr. Fritz said that part of this proposal is reevaluating when the site review meetings are held, and stressing that the meetings are the opportunity to talk to the applicant and County staff. He stated that there are members on that panel representing a certain area of expertise, with staffs role being protection of the community's interests at large. Staff would be trying to utilize these meetings much like the Commission meeting by facilitating conversations between abutting owners, nearby owners and the applicant, and talking through and doing the kinds of things the Commission does now. The ordinance is the same for the staff as it is for the Planning Commission. Staff is proposing that there be a revitalization of the site review meeting and a refocus of its purpose. Mr. Loach said that the Planning Commission member for a certain district can be there for those meetings as well, and process -wise it may work out better. Mr. Fritz reiterated that staff has not worked out the details of this but it is the concept. Mr. Rooker noted that the site review meetings are not really public hearings, noting that often there is no public comment at ARB meetings. Mr. Daggett stated that it is infrequent, but is invited at every meeting. The public is asked to comment on each and every project, and if they are there they do comment. Mr. Rooker commented that option one seems to be a good option, if it does not just result in a r shift from the Commission to the ARB. Mr. Franco stated that most of the Commission items are related to land use, and typically their hands are tied because of zoning. He said his concern is that it expands the ARB's power or puts more August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 7) FINAL MINUTES Vft,W gray area into the situation, as architectural standards could be endless in terms of what might be required of the applicant. He said part of question is what should be the role of the ARB. Mr. Wardell reiterated that the ARB's jurisdiction is only the Entrance Corridors, so anything falling outside of that does not go to them. Ms. Mallek said that the site plan level is often where the biggest decision is made that does affect the Entrance Corridor, so there is a role for the ARB there. Mr. Franco stated that if the ARB's role is focusing on architecture, they may actually impact things such as building size and height. Mr. Graham said that what Mr. Franco is getting at is the difference between option one or two, with option one maintaining the ARB's role for site layout and grading, and option two saying that performance standards would be adopted, thus removing that role. Mr. Daggett responded that the ARB has discussed this among themselves as they are often challenged in terms of making anything out of the buildings that are presented, and Mr. Wardell has addressed this well in the past. Mr. Wardell said there are times when the ARB is really just dressing up the back of buildings, and there is public concern of roads and intersections that are under their purview — but when they receive a site plan that does not promote the quality of public concerns the ARB is challenged with making the building palatable. He stated that the question is how to get expertise and input sooner in the process so the Commission and staff can benefit from that instead of having it there and "painting a mural on what you're given." 1Mr. Lebo noted that the ARB has stated that they would rather be a resource than a hurdle. Mr. Rooker said it has been a problem for years because by the time the ARB sees something, there is a site plan presented that is not amenable to doing their job. Mr. Lebo mentioned that it happened with the Target store at Hollymead and with the Regal Cinema at Stonefield. Mr. Wardell said it could be addressed through the composition of the site review committee so that representation could happen earlier. The committee could include someone from the Commission or ARB. He said that option one would have no design review if the project is not in the EC, and those that are would fall under the ARB's jurisdiction. Ms. Porterfield stated that she does go to site review meetings, and it has not been a place where there is a tremendous amount of give and take — and often the applicant does not even come. It is not required that the applicant attend the meeting. Most of the time the staffs report comes out the day before the site review meeting and that is not enough time to expect the populous get to a meeting and especially if the meeting is at 10:00 a.m., in the morning. She emphasized that she does not want to see people in the County disenfranchised if they want to speak on an issue. There have been many applications at the Commission level that should probably have not been there, but they ended up with some compromise. At least it allows the public to talk. If the Board is going to appoint a Commission that is magisterial based, then their input should be used. Also people should be able to use and call their Commission member when they have a problem. Mr. Loach commented that if the process changes so the meetings are moved to the evenings with better notification, perhaps the site plan would be a better venue than the Planning Commission's three minutes. Ms. Porterfield said she doesn't have an issue with changing the process, but wants to ensure that the public has an opportunity to provide input. She has a problem with eliminating someone August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 8) FINAL MINUTES 1%d"` (Commissioner) that the people know about. The site review committee is not what the Commission does. Mr. Franco stated that some decisions have to come out of the process, and part of what makes it work at the Commission level is guidance from decision makers. Mr. Rooker added that they actually take a vote. Mr. Franco said that confusion comes in at that point also, because the Commission is really just voting on the standards already in place. Mr. Loach asked if it could be changed so that there is still a right to appeal. Mr. Franco asked who would the appeal go to. Mr. Fritz stated that staff went back and reviewed the concepts considered in June, one of which being approval if minimum standards are met. If it meets the standards for approval, the application would get approved. He said they were envisioning the site review meeting as an opportunity to have the applicant and concerned individuals try to negotiate — but if opponents do not like a project and it meets ordinance requirements, the project would be approved. Mr. Fritz noted that they were not looking at any appeal process, because it is a ministerial process and if it meets the requirements of the ordinance, it must be approved. There would not be an appeal process of an approval, but a denial or conditions the applicant wasn't in favor of could be appealed. He added that there are very few projects that have ever been appealed to the Planning Commission that were purely administrative and had no waivers associated with them. Mr. Fritz said that many of the items before the Commission have been dual appeals — with the site plan or subdivision appealed but also a waiver associated with it. He said if you backed out the administrative portion and kept just the waiver, it would still go to the Planning Commission — and it is a completely separate conversation as to how those waivers would be changed. Mr. Rooker asked if there is some change made in the site plan at that level in order to gain approval of the waiver. Mr. Fritz responded that they are associated with the waiver and would have occurred regardless. Mr. Rooker explained that if there is an application, for example, with three waivers and a pending site plan approval with a lot of public comment, sometimes the applicant will propose changes in the site plan after hearing community input. Mr. Fritz said that those opportunities would still exist under option one as long as the waivers existed because the agent could not approve it until the waivers had been approved because it would not meet the minimum requirements of the ordinance. Ms. Porterfield stated that under that scenario, the ARB would only hear projects in the Entrance Corridor — so anything that is anywhere else would only be heard by the agent. Mr. Fritz explained that if there was a project that involved no waivers and no modifications and was not within the EC district there would be a notification, then a site review meeting, and then administrative approval if it met the minimum requirements. Mr. Franco noted that the site review meeting would provide the opportunity for the public to speak. Mr. Fritz responded, "yes". Mr. Wardell said the vast majority of EC projects are relatively straightforward site plans and applications, with some being a little more complicated — and Ms. Margaret Maliszewski will often approve things administratively. He stated there is a second category where she will bring forth several questions to be answered by the applicant, with the third category being things she thinks the ARB should hear. Mr. Wardell said that there is essentially a judgment call to be made as to the input needed on issues, and those could go to the Planning Commission. The complicated issues with a lot of neighbor involvement would actually go to the Commission. August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 9) FINAL MINUTES Mr. Franco responded that that doesn't work because the Planning Commission's role is less subjective with site plans, and once something has been rezoned it must be reviewed by specific existing standards. Mr. Rooker commented that there were six recommendations made by staff before these options were considered, and asked if there is a consensus if those recommendations are worth doing — as he supports them as a good starting point. He said that he would support the first option for items in the ARB corridor because it makes sense, as right now they are having to deal with site plans that are virtually impossible for them to do their job. Mr. Rooker stated that eliminating that tension would save applicants time by eliminating the need to redesign their site to meet some ARB guidelines, which leaves the issue of what to do with things that are not in the corridor. He said that he is concerned about site review committee meetings at night, as it may create staff overtime in dealing with them. He is not sure that that is going to be a great approach. He thinks it narrows down to do you want to continue to allow call-ups on things that are not in the corridor. Mr. Dorrier said that the issue of appeal needs to be addressed, as Ms. Porterfield's point about representation by district is an important one — as neighbors and the applicant need a way to have input. He stated that if a Commissioner called up a problematic site plan, people would leave feeling that the system is working for them — even if they lost. Mr. Franco stated that most of the appeals he was considering were those the applicant was appealing. He thinks many times the Commission has been used as feedback on how they interpret a provision when there is a hard disagreement between staff and the applicant — but once that decision is made whether it complies or not, he does not know that there should be an appeal process for the public. Mr. Loach asked what impact this would have on Commission work sessions. Mr. Fritz responded that the Commission can have a work session on any item they want to. Mr. Rooker said they would not have a work session on an item they would not be seeing. Mr. Franco stated that the pre -application meeting is the more appropriate time for the ARB to be present, as any constraints desired need to come early in the process. Mr. Rooker noted that someone had recommended having an ARB member on the site review committee. Mr. Daggett said that he said that he heard from all members of the ARB that they would be happy to join in and be a resource as an advisory body for projects outside of the corridor, without being an imposition on the applicant whereby they might be able to stimulate some conversation and get the applicant and neighbors together to think in a different way. Mr. Franco stated that with the Hollymead Town Center, for example, design drove a lot of it — but he would want to have an agreement early on as to what level of mass grading would be acceptable, adding that Stonefield needed mass grading also. Mr. Wardell asked if there is a bond requirement at the preliminary site grading level. Mr. Franco responded that there is an erosion control plan that must be bonded. Mr. Wardell said that the worst case scenario would be that stormwater runoff could be handled, but only site stabilization can be mandated. Nlkw Mr. Daggett stated that a project in the Entrance Corridor is different, as conditions could be imposed. August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 10) FINAL MINUTES Ms. Porterfield noted that the big piece missing here is the rest of the County that is not on a corridor, so the opportunity for public comment would be lost. She does not know that the third recommendation would work unless a lot is changed in the process. She agreed that there would be a financial burden by having staff attend night meetings, suggesting that projects outside of the EC be appealed to the Planning Commission if necessary — with a subcommittee of the Commission to look at them, comprised of the Planner, the Commission member of that district, and two others. Ms. Porterfield said it could be done as a Consent Agenda item if the item should be moved up to a full hearing. Mr. Franco responded that his concern is that gives the perception that the public has the ability to influence the decision. Mr. Daggett stated that if it meets the letter of the law and there are no waivers or issues, then there is nothing that can be done other than approval. Mr. Fritz stated that that is correct. Mr. Fritz noted that often people walk out of a meeting more frustrated than when they came in because they appealed an item, and there was nothing that could be done. Ms. Mallek agreed, stating that public input without any use for it just makes people angry because they feel like they have wasted their time. Ms. Porterfield said that a smaller group would be a nicer way to explain that from the Commission, and at least it gives them an ability to come and talk. Mr. Loach commented that there are ways not to incur too much additional staff expense and said he agrees that providing an opportunity for the public to speak is important, expressing concern that the perception may be that government is making decisions without them. Mr. Franco said if that is the goal then the first public contact should happen at the pre -application committee. Mr. Loach agreed that the best way to engage the public is early in the process. Ms. Mallek said that that's why developers who reach out to the neighborhood before a project even gets to the pre -application stage are way ahead of the game, offering a non -confrontational environment to get really good suggestions. Mr. Franco noted that those meetings are not always non -confrontational. Mr. Graham said this conversation is talking about increasing public input, but the development community may not perceive what is being discussed now as a significant improvement. Mr. Franco stated that it may take something longer to get off the ground, but to at least have the constraints on the table ahead of time would be helpful — then an applicant can listen to the input and staff can react to what is or isn't included. He said that it is a good idea to spend more time at the early phase of design, before a developer is too far into a project. He thinks they are prioritizing what the important [constraints] are. Mr. Daggett commented that at that stage things are in the concept phase and you cannot legislate good design, but a group of people at the conceptual level can lend some point of view to a project that will positively impact it — including community concerns. Mr. Wardell said that as a designer you are hoping to get some guidance from the ARB person, the engineer, the stormwater planner, the fire department, etc. — but the only designer ultimately is the applicant. Mr. Franco said that the designers are putting their concerns on the table so they can be addressed, and having that all up front might be a better way to standardize the process. n August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 11) FINAL MINUTES Mr. Loach pointed out that the community has come a long way through master planning, and people can look around at the plan and know what to expect — so the more they know up front, the less likelihood for confrontation. Mr. Franco agreed, but said that a lot of what was decided years ago has now tied hands at the site plan level. He emphasized that people need to understand that they need to be engaged at the Comp Plan level. Mr. Zobrist commented that this process being recommended doesn't really simplify anything Mr. Graham responded that he does not see any improvements here that the development community would perceive as simplification. Mr. Wardell said that if he went into the process and got feedback early, and knew there was not a possibility of running into the Commission or the ARB, that would be an improvement in his scenario. Mr. Fritz stated that there is nothing to prevent someone from doing that now. The pre -application being considered here is a process whereby the applicant would submit and within 10 days fundamental issues identified with the project would be identified — things related to zoning, parking, waivers, ARB issues, etc. He does not even know if the County could require a public process. The staff is going to give them that information in 10 days so they can go and prepare their plan. He stated that if there is a requirement for public process, they will likely forego a pre -application process and file their application because the County has 60 days to act on it. Mr. Wardell said they have been in other jurisdictions where a pre -application conference is required. Mr. Fritz stated that it could be required now. Mr. Zobrist said that if the objective is to speed up the process, the process itself needs to be examined because this process takes time and money. Mr. Rooker noted that Mr. Graham had indicated that if these things were adopted with one of the two options, it would save time, and it would assure that similar quality measures in place. Mr. Graham responded that these six steps would provide minimal improvements to the time; the options would improve time. Mr. Rooker said that if a member of the Commission or ARB is on the site review committee, he thinks you create a whole lot more certainty early on in the process. He stated that he would be in favor of adopting option one, as all of the waivers are still going to come up to the Commission and most projects of significance have some waiver requirements attached to them. Mr. Rooker added that at some point it needs to be decided what the goal is and what should be taken forward. Mr. Graham responded that the question is whether the Board of Supervisors agrees with the six recommendations, and whether option one is moved forward as staff is suggesting. Mr. Rooker said that if an ARB member and Commission member is added it would be a better process than what exists now. Mr. Franco agreed, stating that the time saving will be less back and forth between a developer and staff. Mr. Daggett added that it is the certainty earlier that is almost more important than the time, because the time spent in the design process is where time is really lost. August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 12) FINAL MINUTES 1164" Ms. Porterfield said that the items that come to the Planning Commission are not just all plain vanilla. Mr. Rooker asked her how many times they have come up with no waiver, that they would not have come up anyway. Ms. Porterfield responded that there have been at least a few in recent memory, but in the long run there were a couple of changes made by the applicant because they listened at that level. Ms. Porterfield said that another vehicle would be use of community councils, because that is who they are representing. Mr. Loach asked if the percentage of applications appealed is so high that it is problematic, with no waiver involved. Mr. Fritz responded that the number of appealed applications where there is no waiver is very low, which is why staff felt comfortable with option one. Mr. Loach said that if the percentage is that low, then it should not be a problem to add some kind of appeal process. Mr. Zobrist stated that even in 2006 and 2007 — at the peak of activity — there were very few site plans called up. Mr. Thomas commented that he agrees with Mr. Rooker on the six recommendations, and asked what the issue would be with adding two more members to the site review committee. Mr. Fritz replied that there would be no problem, as Commissioners come to those meetings now, but their role would need to be clarified. He said that the controversial projects are the ones that get appealed but staff does not know until it happens. Mr. Wardell said that when public discontent arises with a project, the question is how to "poke the bear early." He stated that there is an assumption when things come before a board for review that the community has already had input, and good developers will do that anyway as a matter of course — but there are some jurisdictions where you know you will get hammered at every corner until the public input is allowed. Mr. Loach stated that, to some degree, that is already happening, as some of the growth areas that are master planned have advisory boards — which tend to come forward early on with feedback they have received at the early stages. He added that at one time there was a planner assigned to each growth area, who was sensitive to the community and knew what their expectations were. Mr. Wardell said that perhaps another box to check could be added that asks a developer if they have met with the neighborhood. Ms. Mallek stated that the idea was discussed seven years ago on the Development Review Task Force as being a really important element. Mr. Rooker asked how often execution on a site plan takes place as opposed to a rezoning, which already has a process to go to the Commission and the Board. Mr. Franco responded that rezonings happen a lot more, with far fewer by -right site plans, with the biggest unknown usually being the ARB because it is very subjective. Mr. Rooker commented that that's why it makes sense to have an ARB member on the site review committee, and if option one is adopted that prevents a conflict between a site plan and the ARB's view of it. August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 13) FINAL MINUTES Mr. Boyd stated that he concurs with Mr. Rooker and Mr. Thomas, and suggested asking staff to move forward with the six recommendations and option one. There is still plenty of time for public input and further discussion. He added that he appreciates this discussion; it has been very helpful. (Consensus of the Board to move forward with the following six recommendations and to follow Option 1: Option 1: Agent approval instead of PC approval with no right for site plans or subdivision plats to be called up for review by the PC. ARB reviews projects in Entrance Corridor Districts prior to preliminary approval. Six Recommendations: 1. Pre -application submittal with review in 10 days to determine main issues and required waivers. 2. Reduced plan content to minimum necessary for review. 3. Public notified of Site Review Meeting and asked to attend and provide comment. 4. Establish clearer submittal requirements for the final site plan. 5. Establish that any comment not responded to within 6 months deems the project withdrawn. 6. Allow the issuance of grading permits with the approval of the initial (preliminary site plan). Item No. 22b. Community Development — Legislative Review Process. The executive summary presented to the Board stated that On September 1, 2010, Mark Graham, Director of the Community Development Department, provided the Board an overview of the variables affecting the quality and efficiency of the legislative review process for applications for re -zonings and special use permits, and requested direction on possible changes to the process (September 1, 2010 executive summary provided as Attachment A). Mr. Graham noted that the four variables to consider are 1) efficiency of the review process, 2) the number of review issues, 3) the extent of review to assure quality development, and 4) the number of decision -makers. Mr. Graham said that additional opportunities for change realistically could be found in two areas — review efficiency and delegating some review issues to the ministerial process. Mr. Graham identified the following changes to the legislative review process that would help reduce time and costs: 1. Codify expectations as application requirements. 2. Codify the requirement for a pre -application conference. 3. Formalize a community meeting process. 4. By policy, avoid indefinite deferrals. In concurrence with Mr. Graham's conclusions, the Board directed staff to prepare a resolution of intent to initiate the zoning text amendment for the recommended process changes for consideration by the Board at a future meeting. In preparation for the September 1, 2010 work session, staff consulted with several of Albemarle's peer counties that have similar expectations for re -zonings to evaluate their review processes. Staff visited Hanover and Fauquier Counties to gain further insight into the processes that they use. The common theme that staff found in both counties was a focus on pre -application preparation with prospective applicants, quality control for application acceptance and community awareness regarding application proposals. These findings further verified the approach Mr. Graham outlined on September 1 st. With this in mind, staff believes the following are relevant goals in making changes (see Attachment B for flow chart of changes): A. Create a value-added process for both the applicant and staff keeping in mind that time is money for both parties August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 14) FINAL MINUTES 11%W B. Provide clear expectations — it will be the responsibility of staff to tell the applicant what is required in an application and the applicant should provide it C. Reduce iterations of re -submittal — it will be the responsibility of staff to provide complete, clear and unchanging comments of what is required for a project to be acceptable and the applicant will provide it D. Get decisions made — avoid deferrals. Provided applicable criteria and expectations are met then the matter is approved; should applicable criteria and expectations not be met then the matter should be denied As such, staff recommends the following changes to the legislative review process: A. A pre -application conference is to be required prior to application submittal B. A pre -application form is to be completed by the applicant and submitted before scheduling the pre -application conference C. Staff completes the pre -application comment form and provides it to the applicant within 7 days of submittal 1. Includes checklist of information required for application submittal 2. Includes requirement(s) for a plan of development, a traffic study and other special studies or documentation if determined to be applicable D. The application form will address expectations, including those based on the staff pre - application comment form E. Fee is not paid with submittal — applications are to be reviewed for completeness before acceptance F. Applicant is to be notified within 7 days of acceptance/rejection 1. If the application is accepted: a) The fee must be paid within 5 business days of the notice of acceptance to activate the review during that application submittal review period b) If the fee is not paid within 5 business days the review does not begin until the next submittal date after the fee is paid 2. If the application is rejected: a) A checklist of missing information is provided by staff to the applicant b) The applicant is eligible to reapply with the required information as early as the following month's submittal date c) A new pre -application conference is not required, but a follow-up meeting with staff can be scheduled before re -applying if the applicant so desires G. Community meetings: 1. Would be applicant -sponsored and required after the application is submitted to provide public information about the project; community meetings must be held within 46 days of the application submittal date for which the fee is paid 2. Staff attends the community meeting to observe and answer process and policy questions Staff believes these changes will address the goals noted, particularly through clearer expectations up front leading to complete applications that will allow for a more substantive initial review by staff, thus reducing the number of re -submittals and deferrals due to lack of information. Staff held a roundtable meeting with public interests on July 19th to provide an overview of the proposed changes and receive feedback. While attendance was rather small, the following were important comments and suggestions provided at the roundtable: • There was support for a mandatory pre -application conference, but comments provided by staff to the applicant on the pre -application comment form should be SW valid until an application is made since the time that may be required to complete the information necessary for application submittal (e.g., a traffic study) could take several months. There was concern that the community meeting could be "one more hurdle" August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 15) FINAL MINUTES (another public hearing) for applicants. Those commenting requested more details on how the community meeting will be conducted and how notice will be provided. A suggested alternative was to allow flexibility for the applicant to hold the meeting when and how it feels it is most beneficial and to not make it mandatory. To the extent practical, standardize staff review time to determine whether an application is complete for all types of applications (re -zonings, special use permits, site plans, subdivision plats). Staff is not yet proposing a resolution of intent to amend the zoning ordinance for two reasons: 1) it wants to confirm the Board's concurrence with these proposed changes through this scheduled worksession; and 2) Based on Board feedback, staff wants to tailor the resolution to only those changes that must be codified while allowing administrative policies to establish more detailed application expectations and review procedures where possible. Staff's recommendation should reduce the County's overall cost for application reviews, though the differences are not anticipated to result in more than a 10% cost reduction in rezoning and special use permits. The majority of the cost remains in preparing materials for public hearings and changes resulting from public hearings. While staff may spend more time on a project before the application is accepted for review and without a fee being paid, time spent on review after the application/fee is accepted should be reduced, especially if this process is effective in reducing the number of re -submittals. Since the fees collected for applications and re -submittals only cover a portion of the actual County processing cost, the reduced review time is a cost savings to the County. Staff recommends that the Board concur with the changes recommended in items A through G beginning at the bottom of page 1. Should the Board agree with these recommendations, staff will prepare a resolution of intent to initiate the necessary zoning text amendment for the recommended process changes for consideration by the Board on an upcoming consent agenda. Mr. Cilimberg stated that he would be discussing the legislative process, which is very different and depending on what staff has to work with — along with what an applicant knows is expected in the beginning. He said that in September 2010 the Board concurred with staff recommendations: 1) codifying expectations, 2) require pre -application conference, 3) provide a community meeting process, and 4) maintain dates for public hearings — avoiding indefinite referrals and a cycle of review and respond. He stated that since then staff has consulted with comparable counties, particularly Fauquier and Hanover, and found that pre -application preparation with prospective applicants was highly emphasized — to make sure applicants understood what needed to be submitted and a true quality control mechanism for applications to be accepted, as well as community awareness regarding what the proposals are. Mr. Cilimberg said staff had drafted recommendations that the Board reviewed, along with a roundtable meeting held in mid -July that was minimally attended but staff did provide an opportunity for that input. He stated that staff has established that the process should be value-added, as time is money for both applicants and the County, so whatever can be done to shorten the timeframe in the review process is encouraged. Mr. Cilimberg stated that they need to make sure there is a common understanding between applicants and County staff regarding expectations with the projects being submitted, which can vary from project to project. Staffs goal is to reduce iterations of re -submittal. Mr. Cilimberg said that there can be three or four re -submittals with just about any legislative review, and many times the first review after an application is made requires a resubmittal that is essentially a lot of material that staff needs to review from the beginning. Ms. Mallek asked why an application would be accepted if it was incomplete. SWW Mr. Cilimberg responded that it was accepted under County provisions, which are rather minimal and need to be addressed. He said that ultimately the goal is to make a decision and avoid further deferrals with projects. August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 16) FINAL MINUTES '"" In the proposed process changes, Mr. Cilimberg stated that staff is recommending the following changes: 1) requiring a pre -application meeting; 2) pre -application form completed by applicant to schedule pre -application meeting; 3) staff pre -application comment form to applicant within seven days; 4) application addresses the items identified in the pre -application comment form; and 5) no fee submitted at time of application — applications QC'ed for acceptance. Mr. Cilimberg stated that staff would handle the quality control process, with notification back to applicants that the information is all there before they would have to pay a fee. He said if the application is accepted, the fee gets paid at that point; if it is not then staff provides specifics to the applicant. Mr. Cilimberg stated that staff has also built in the idea of mandatory community meetings, applicant -sponsored, required after submittal but possibly occurring beforehand. He said that staff would attend those meetings but would not be there to answer questions about whether a project is good or bad — only to answer policy questions. Mr. Cilimberg said that at the roundtable, attendees supported the pre -application conferences but emphasized that the comments need to be valid until the applicant can make the application. He cited an example of identifying the need for a transportation study, which requires scoping with staff and VDOT and retaining a professional to do that work and having that then submitted — which can take a number of months. Mr. Cilimberg said that applicants would not want staff comments to become invalid because of the time necessary to get the information together for submittal. He stated that there was concern that the community meeting might be one more hurdle, potentially another public hearing, and developers asked about flexibility and when and how those meetings might be conducted. There was also the suggestion that the meetings not be mandatory. Mr. Rooker asked if Fauquier and Hanover require those meetings. Mr. Cilimberg replied that Hanover does require community meetings and has made a commitment that their Board member and Planning Commissioner for the district of the proposed project will attend. He said that they were flexible in whether the meeting took place before or after application was made and have found that decision makers as well as the public have a better idea of what the project is all about before they are sitting in a public hearing considering the project. Mr. Cilimberg stated that they didn't elaborate on whether decisions were made more quickly, but found that their decision - makers as well as the public were more aware of the projects proposal and the issues associated with it — and how those were received by the community. Mr. Rooker commented that it is always a problem when a Board or Commission member gets to a public hearing and has heard very little about a project — then a bunch of people show up with several different issues — so to be able to mold that early in the process makes sense. Mr. Cilimberg said that there had been a comment about standardizing review time for all applications, so if there is a seven-day turnaround for pre -applications for legislative and a ten-day turnaround for ministerial the question of why there is a difference needs to be addressed. He said that staff's recommendations are for the Board's concurrence with the proposed process changes, which are really up -front types of changes that don't have to go through multiple iterations of resubmittal — including the mandatory community meeting and a standardized review time for all applications. Mr. Cilimberg stated that they would also want to build into this process change the length of time deemed reasonable to give applicants reliance on the pre -application comments so they know they are still valid for six months. He added that you cannot go out two years because things can change in plans or ordinances but there is a reasonable period of time that an applicant should have an expectation that they can make their application and rely on the comments they received in the pre -application process. Mr. Cilimberg stated that a resolution of intent would be provided for the changes that must be codified. Staff would like to use the administrative policies as much as possible for detailing applicant expectations and review procedures as it would then not be necessary for them to go through subsequent zoning text amendments if only minor changes would be required. Staff will also further develop process details including how the community meetings will be conducted and how notice will be provided. August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 17) FINAL MINUTES 4,40, Ms. Mallek commented that with clear expectations and reducing re -submittals, that is based upon the intent of the applicant to actually step up and meet expectations — but there are applicants who really have no intent of meeting community goals. Mr. Cilimberg said that staff hopes in part that this would be addressed through establishing what needs to be included in their application so at least the material is there to be reviewed, and by having the quality control of no fees until the application is accepted, it is hoped there would at least be a better start. Ms. Mallek asked if there would be increased fees for re -submittals if they were based upon original questions, to deter applicants from doing a constant back and forth. Mr. Cilimberg responded that the fee changes the Board adopted this year will help in that regard. After the first re -submittal, a fee is associated with the second and subsequent re -submittals. Mr. Morris commented that he really likes the proposed process as it provides opportunities for the Board and the Commission to be involved in the early stages. Mr. Boyd said it is not really much different from what happens today, as he often attends many developer meetings with the public. Mr. Cilimberg stated that it is upping the ante on applicants and staff to get the front end in better shape. Mr. Loach said that public comment can start with advisory committees, which represent a cross- section of the community already and have familiarity with these issues — as well as bringing their knowledge of the master plan and what is allowed. Mr. Cilimberg stated that applicants will want as much help as they can get with holding community meetings and utilizing existing channels to bring those together. Mr. Rooker, Mr. Boyd and Mr. Thomas said they see no reason for not going forward with these recommendations at this time. (Consensus of the Board to concur with the following recommendations; that staff will prepare a resolution of intent to initiate the necessary zoning text amendment for the recommended process changes for consideration by the Board: Community Development — Legislative Review Process A. A pre -application conference is to be required prior to application submittal; B. A pre -application form is to be completed by the applicant and submitted before scheduling the pre -application conference C. Staff completes the pre -application comment form and provides it to the applicant within 7 days of submittal 1. Includes checklist of information required for application submittal 2. Includes requirement(s) for a plan of development, a traffic study and other special studies or documentation if determined to be applicable D. The application form will address expectations, including those based on the staff pre -application comment form E. Fee is not paid with submittal — applications are to be reviewed for completeness before acceptance F. Applicant is to be notified within 7 days of acceptance/rejection 1. If the application is accepted: a) The fee must be paid within 5 business days of the notice of acceptance to activate the review during that application submittal review period b) If the fee is not paid within 5 business days the review does not begin until the next submittal date after the fee is paid August 3, 2011 Board of Supervisors (Regular Day Meeting) Planning Commission & Architectural Review Board Joint Meeting With Board (Page 18) FINAL MINUTES 2. If the application is rejected: a) A checklist of missing information is provided by staff to the applicant b) The applicant is eligible to reapply with the required information as early as the following month's submittal date c) A new pre -application conference is not required, but a follow-up meeting with staff can be scheduled before re -applying if the applicant so desires G. Community meetings: 1. Would be applicant -sponsored and required after the application is submitted to provide public information about the project; community meetings must be held within 46 days of the application submittal date for which the fee is paid 2. Staff attends the community meeting to observe and answer process and policy questions Mr. Daggett said that the ARB had asked him to articulate the issue of County projects coming to them late in the process, creating a time crunch because of other approvals and a construction schedule. The ARB has really been seen as just a hurdle to get over. He added that this has been the case with some of the school projects, and they hope that the County's own agencies that are approving buildings would be a real exemplary applicant and come through the process the same as everyone else does. He thinks that this new process will help a great deal. Mr. Boyd suggested that Mr. Foley convey to Pam Moran in the school system an interest in following the rules for their capital projects. (Note: At 5:55 p.m., Planning Commission and ARB members left the meeting, with Board of Supervisors members staying.) The joint meeting ended at 5:55 p.m. Adjournment: At the conclusion of the joint meeting with the Board of Supervisors, the Planning Commission and Architectural Review Board meeting adjourned at 5:55 p.m. �.o V. Wayne dilimberg, Secre ry Albemarle County Plannin Commis on M