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Home My WebLink AboutZTA201300005 Legacy Document 2013-10-23 (2)Planning Commission — June 11, 2013 Final Action Memo FINAL ACTIONS Planning Commission Meeting of June 11, 2013 AGENDA ITEM/ACTION FOLLOW -UP ACTION 1. Call to Order. • Meeting was called to order at 6:00 p.m. by Mr. Morris, Chair. PC members present were Mr. Morris, Mr. Lafferty, Vice - Chair; Mr. Franco, Mr. Randolph and Mr. Smith. Mr. Loach and Mr. Dotson were absent. Ms. Monteith was absent. • Staff present was Rebecca Ragsdale, Amanda Burbage, Amelia McCulley, Wayne Cilimberg, Sharon Taylor, and Greg Kamptner. 2. From the Public: Matters Not Listed for Public Staff: Hearing on the Agenda. • None • Neil Williamson, with the Free Enterprise Quorum, spoke regarding Mr. Randolph's offer to fill the vacant Scottsville District seat on the Board of Supervisors and stressed the importance of keeping that initiative separate from his Planning Commission work. 3. Review of Board of Supervisors Meeting - June 5, Staff: 2013 None Mr. Cilimberg reviewed the Board's June 5, 2013 meeting actions. 5a. Work Sessions Staff: • Refer to comments, suggestions ZTA- 2013 -00004 Family Day Homes - Review and and direction to staff noted in discussion of proposed zoning ordinance changes to Attachment 1. family day home regulations. Proposed changes • Staff to develop draft language include an increase in the number of children family and bring back to Planning day homes may care for by -right instead of by Commission for public hearing special use permit, revision of the family day home as soon as possible. definition in Section 3.1, and revision of the supplemental regulations in Section 5.1.06. (Rebecca Ragsdale) The Commission received staff's presentation, took public comment, and provided comments on the information provided. Staff was asked to draft ordinance language and set a date for public hearing taking the Commission's comments into consideration as noted in Attachment 1. No formal action taken. 5b. ZTA- 2013 -00005 Inoperative Vehicle Ordinance - Staff- Discuss amending County Code § 18- 4.12.3, • Refer to comments, suggestions Prohibited activities in parking, stacking and loading and direction to staff noted in Planning Commission — June 11, 2013 Final Action Memo areas, to limit the number of inoperable vehicles kept Attachment 2. on private property and introduce screening • Staff to do additional research, standards (Amanda Burbage) develop draft language and bring back to Planning The Commission received staff's presentation, took Commission for public hearing. public comment, and provided comments on the • Request made for information information provided. Staff was asked to do on the number of complaints additional research, work on draft language and set a and where they are coming date for public hearing taking the Commission's from. comments into consideration as noted in Attachment 2. No formal action taken. 5c. ZTA- 2011 -00006 Phase I Noise Amendment - Staff: Discuss Amending County Code Chapter 18 (Zoning) • Refer to comments, suggestions §4.18.05 and Chapter 7 (Health and Safety) §7 -106 to and direction to staff noted in Clarify Agricultural Exemptions (Amelia McCulley) Attachment 3. • Staff to develop draft language The Commission received staff's presentation, took and bring back to Planning public comment, and provided comments on the Commission for public hearing. information provided. Staff was asked to draft ordinance language and set a date for public hearing taking the Commission's comments into consideration as noted in Attachment 3. No formal action taken. 8. Old Business Staff: • None • None 9. New Business Staff: • THE NEXT JOINT CITY /COUNTY PLANNING • None COMMISSION MEETING WILL BE HELD ON TUESDAY, JUNE 25, 2013 AT 5:00 P.M. 10. • The Commission adjourned to June 25, 2013, 5:00 p.m., Joint City /County Planning Commission Meeting, City Space, Charlottesville, Virginia. • The meeting was adjourned at 8:18 p.m. Attachment 1— ZTA- 2013 -00004 Family Day Homes Work Session — Planning Commission Comments Attachment 2 — ZTA- 2013 -00005 Inoperative Vehicle Ordinance Work Session — Planning Commission Comments Attachment 3 - ZTA- 2011 -00006 Phase I Noise Amendment Work Session — Planning Commission Comments Planning Commission — June 11, 2013 Final Action Memo ATTACHMENT 1— ZTA -SP- 2012 -00013 ZTA- 2013 -00004 Family Day Homes — Planning Commission Comments The Commission held a work session to receive staff's presentation, take public comment, and comment on the following ordinance changes: 1. By right provisions, including a zoning clearance process for Family Day Homes caring for between 6 and 12 children; 2. Supplemental regulations; and 3. Abutting owner notification only for special exceptions. The Planning Commission supported staff's recommendation, as noted below, for the allowance for 6 to 12 children and was particularly appreciative of the fee being dropped from $2,000 to $50. They asked staff to be careful in the wording as a concern for the neighbors. The Planning Commission supported staff's recommendation with suggested changes, to move forward with the public hearing process, and come back with revisions to the draft ordinance to address and respond to the comments raised by the public and Commissioners, as follows: • Supported the allowance for 6 to 12 children without a special use permit requirement, • Appreciative of the fee being dropped from $2,000 to $50, • The impacts need to be addressed for noise, parking, and particularly for traffic, • Staff clarified for the Commission that the State Code requires notice to abutting owners for a Family Day Home permit of 6 -12 children. If there is neighbor objection, the permit cannot be approved administratively. • The Commission would like to see this back to the Commission as soon as it is possible. • The Commission recommended further work on the neighbor notification process and approval process to avoid confusion if there are scenarios where there are neighbor objection because of this State Code provision: • They want to avoid confusion about how public input will be considered. • Allow for notification to the community, not just abutting landowners, of the business intending to operate so that everyone has a chance to comment upon it. • One Commissioner suggested a public notice sign be posted and that it not be the same color as our public hearing signs but distinctly different to notify all public and not just adjacent owners. Public comment was taken from the following individuals: (See Minutes for details) Ryan Davidson Bob Garland Susan Crews Terri Lamb Neil Williamson, with Free Enterprise Forum Nancy gMenter Noel Stringham Planning Commission — June 11, 2013 3 Final Action Memo ATTACHMENT 2 — ZTA- 2013 -00005 Inoperative Vehicle Ordinance — Planning Commission Comments In a work session the Planning Commission discussed the proposed ordinance changes (as modified by staff changing the minimum number of inoperable vehicles from 0 to 1, per the County's interpretation of the state enabling authority) of the number of inoperable vehicles allowed and screening standards. The Planning Commission provided feedback on the proposed ordinance changes, as follows: • The majority of the Commission (excluding Franco) asked staff to explore the zero possibility and examine screening. However, if it cannot be zero (0) then it needs to be one (1) and it needs to be screened. (Mr. Franco disagreed and suggested leaving it at the two (2) that they currently limit it at if it is screened. He objected to portions of the Commission's recommendation in if it is not visible, then why regulate it.) (Mr. Randolph favored zero (0), but if somebody wanted to have a project going on properly covered then one (1) is fine.) • Request to make a provision to take a look at this again in two to three years and reevaluate it. • Questioned if there is a way to put time limit on lots less than 5 acres to allow for car break down and repair. • Questioned whether to allow form fitting covers Public comment taken from the following individuals: Bob Garland supported staff's original recommendation that zero (0) inoperable vehicles be allowed on lots less than 5 acres. (See minutes for details) Planning Commission — June 11, 2013 4 Final Action Memo ATTACHMENT 3 — ZTA- 2011 -00006 Phase I Noise Amendment Planning Commission Comments The Commission held a work session to receive staff's presentation, take public comment, and comment on the information provided. The Commission discussed and reviewed staff's suggestions on the following and provided comments. 1. Clarify that the use of outdoor amplified music for farm workers is not exempt as an agricultural activity. 2. Clarify that the agricultural exemption relating to the use of outdoor amplified music and public address systems for working with livestock (horses, cattle, etc.) be limited as follows: a. The exemption from the noise regulations for bona fide agricultural activity ends at 8 p.m. and the applicable maximum sound levels apply at that time; b. The exemption only applies when it is related to 1) actively training livestock and/or handlers /riders or 2) an organized event such as a show. This sound should not be exempt when the animals are at rest and not being actively worked or as part of an organized event. The Commission provided the following suggestions: • Focus on 2b. and the music and not a. as noted above. • If have to have music, then making it comply with the noise ordinance is the best way to deal with the situation discussed. • Before the public hearing staff will take sound meter readings at Podraza site to determine if the music exceeds the ordinance regulations. • Suggested possibility of adding amplified music for farm workers or non residential guests to condition 1. • It makes sense to apply the same standard as for farm wineries. Planning Commission — June 11, 2013 5 Final Action Memo