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HomeMy WebLinkAboutZTA201200009 Legacy Document 2012-12-19 (13)Albemarle County Planning Commission November 29, 2011 The Albemarle County Planning Commission held a meeting on Tuesday, November 29, 2011, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Russell (Mac) Lafferty, Ed Smith, Thomas Loach, Linda Porterfield, Don Franco, and Calvin Morris, Vice - Chair. Commissioners absent was Duane Zobrist, Chair. Julia Monteith, AICP, Senior Land Use Planner for the University of Virginia was present. Other officials present were: Susan Stimart, Economic Development Facilitator; Lee Catlin, Assistant to the County Executive for Community and Business Partnerships; Amelia McCulley, Zoning Administrator /Director of Zoning; J.T. Newberry, Senior Planner; Elaine Echols, Principal Planner; Andy Sorrel, Senior Planner; Wayne Cilimberg, Director of Planning; and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Mr. Morris, Vice Chair called the regular meeting to order at 6:00 p.m. and established a quorum. Consent Agenda: a. Approval of Minutes — May 10, 2011 & June 21, 2011 b. Resolutions of Intent — Urban Development Areas — Streetscapes: 1. Zoning Ordinance, and 2. Subdivision Ordinance (Wayne Cilimberg) Resolution of Intent — Phase III Industrial Uses (ZTA201000004) (Wayne Cilimberg) Resolutions of Intent — Process improvements for: 1. Zoning map amendments and special use permits, 2. Review of applications for site plans, and 3. Review of applications for subdivision plats (Wayne Cilimberg) Mr. Morris asked if any Commissioner would like to pull an item from the consent agenda for further review. Mr. Lafferty asked for clarification on item d. process improvements. He asked what happens if the fee is not paid and if staff could indefinitely hold an application. Mr. Cilimberg replied as regards to fee payments under the legislative process change proposals. He noted under the concept agreed to by the Board that re- zonings and special use permit applications would be reviewed first and cleared for processing before the fee is paid. But nothing is being proposed tonight that specifically makes those changes as what is before the Commission is only a Resolution of Intent to proceed with changes reflecting what the Board concurred with which the Commission also saw at the joint work session with the Board and ARB. Mr. Lafferty pointed out he noticed if the applicant does not reply to the comment within six months, then the application is voided. Mr. Cilimberg replied that was on the ministerial process side, which was a little different process. Mr. Lafferty asked if the request would just sit there or was there some priority of applications. ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 29, 2011 PAGE 1 DRAFT PARTIAL MINUTES - CONSENT AGENDA SITE PLANS AND SUBDIVISION PLAT PROCESS IMPROVEMENT Mr. Cilimberg replied site plans are treated a little differently because they are following the requirements of the zoning ordinance for a specific inclusion of information. So if there is no response to staff review comments after 6 months and /or the fee is not paid, then the application would have to be resubmitted and a new fee at that time would be paid. Mr. Lafferty noted he did not read that the application would have to be resubmitted. Mr. Franco requested that item d. be pulled from the consent agenda for further discussion. Mr. Loach questioned the background of the urban development areas. It says in 2007 the General Assembly adopted a requirement that all localities with a population of between 20,000 and 130,000 and a growth rate of 15% or more designate urban development areas (UDAs) in their comprehensive plan. He asked if the 15% is over a decade. Mr. Cilimberg replied that it is over a decade. That was the same legislation under which the Commission reviewed the two UDA's ultimately amended into the comp plan. It is under this same legislation that staff would also be bringing forward some changes in the zoning. Ms. Porterfield noted Mr. Franco took care of her request. Motion: Mr. Franco moved and Ms. Porterfield seconded for approval of the consent agenda items a, b,1., b.2. and c. The motion carried by a vote of (6:0). Mr. Morris noted the consent agenda items a., b.1., b.2. and c. were approved. He invited discussion on item d. He asked for staff's interpretation. Mr. Cilimberg said staff has brought to the Commission a resolution of intent that reflected what the Board concluded based on the minutes and the actions of the joint work session of the Commission, Board and Architectural Review Board in August of this year. Staff reflected directly what was the conclusion of the Board, Commission and ARB work session and are asking for resolutions of intent that would allow staff to move forward with the actual work on ordinance provisions, which would not be enacted until they go through a public hearing process with the Planning Commission and then with the Board of Supervisors. This is simply the first step towards that ultimately taking place. Staff typically has brought resolutions of intent to the Commission because they meet more often than the Board and it allows those things to get started in the pipeline with the understanding that nothing is obligating them to approve anything in particular. However, the ordinance work would be based on the outcome of that Board meeting, which would come to the Planning Commission for discussion in public hearing. Mr. Franco pointed out his concern is the resolutions basically are the bottom line of the consensus of the Board regarding the process. If they recall that joint meeting was started 45 minutes late. There was a heavy discussion that took place. In discussions he had with some of the Board members he was not sure it was fully vetted amongst the Board. Since this is really an action that the Board has initiated his preference would be that they act on the resolution. He has concerns of whether this really represents consensus. He would hate for staff to take their resolution and move forward with a process that maybe the Board has not fully vetted. Ms. Porterfield agreed with Mr. Franco because if the Commission acts on this they are essentially removing the Planning Commission from the items that are going to be taken care of here. That is the basic philosophy that was presented to them. The Planning Commission is not going to be part of this anymore. She was not sure that all Commissioners agree they should be removed. If the Board wants to remove the Commission, then that is up to them. Mr. Cilimberg pointed out that passing the resolution does not actually enact that removal being referred to. It would lead staff to write provisions that would do that if enacted. However, again it comes through ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 29, 2011 PAGE 2 DRAFT PARTIAL MINUTES - CONSENT AGENDA SITE PLANS AND SUBDIVISION PLAT PROCESS IMPROVEMENT the public hearing process with the Planning Commission. He noted that what Ms. Porterfield just mentioned applies to the site plan and subdivision process. Ms. Porterfield noted unfortunately staff is recommending option one with the six items that go with that. Option one is that the site plans or subdivision plats will never be called up for review by the Planning Commission. The Commission would essentially be removing themselves. She thought that was something not vetted by the Planning Commission at all as to whether they agree with that. Mr. Kamptner clarified that the resolution does not remove the Commission from anything. Ms. Porterfield noted that the philosophy behind it does. Mr. Kamptner noted the Commission is not obligated to even recommend whatever ordinance comes out of this resolution. Ms. Porterfield said she did not agree with the resolution of intent based on what has been presented. Mr. Kamptner asked to be clear that would be items d.2. and d.3. He asked if that was correct. Ms. Porterfield replied that was correct. She supported what Mr. Franco had suggested as the way to go. Mr. Franco said he understands the Commission is not approving anything other than the resolution. He did not think they should devote effort to something if it is not the Board's wishes. Having them actually confirm that this is their consensus would be helpful. Mr. Morris said recalling that session it was extremely hurried and almost at the last minute they had to go back into session and said let's do something. Mr. Franco agreed with Mr. Morris. He did not agree with the whole direction they were going. However, he was not arguing that at this point. He would like the Board to confirm that there was consensus along these lines. Mr. Morris asked for motions. Mr. Kamptner asked for a couple of motions. What he was hearing is that none of the Commissioners have a concern with the resolution dealing with the legislative process d.1. That is just to work on the processes for zoning map amendments and special use permits. By statute and ordinance those will always come through the Planning Commission anyway. Therefore, the process in that regard is not being changed. Mr. Morris asked if he wanted d.1. separated and voted on separately, and Mr. Kamptner replied yes. Mr. Franco said he was comfortable with that. Motion: Mr. Franco moved and Ms. Porterfield seconded for approval of the resolution of intent for consent item d.1. The motion carried by a vote of (6:0). Mr. Morris asked for a motion on consent agenda items d.2. and d.3. Mr. Franco asked if they could just simply not take an action or do they need to vote this down in order to get it to the Board. Mr. Kamptner suggested the motion could be to direct staff to present it to the Board of Supervisors for their consideration. ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 29, 2011 PAGE 3 DRAFT PARTIAL MINUTES - CONSENT AGENDA SITE PLANS AND SUBDIVISION PLAT PROCESS IMPROVEMENT Motion: Mr. Franco moved and Mr. Lafferty seconded to direct staff to refer consent agenda items d.2. and d.3. to the Board of Supervisors without recommendation for their action. The motion carried by a vote of (6:0). Mr. Morris noted the consent agenda was approved. ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 29, 2011 PAGE 4 DRAFT PARTIAL MINUTES - CONSENT AGENDA SITE PLANS AND SUBDIVISION PLAT PROCESS IMPROVEMENT