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Home My WebLink AboutZTA201400001 Minutes Zoning Tex Amendment 2014-05-23— 1 — Planning Commission FINAL Action Memo — May 13, 2014 FINAL ACTIONS Planning Commission Meeting of May 13, 2014 AGENDA ITEM /ACTION FOLLOW -UP ACTION 1. Call to Order. • Meeting was called to order at 6:01 p.m. by the Chair, Cal Morris. • PC members present were Mr. Morris, Mr. Dotson, Mr. Randolph, Mr. Loach, Ms. Firehock, and Mr. Keller. Mr. Lafferty and Ms. Monteith were absent. • Staff present was Ron Higgins, Amanda Burbage, David Benish, Rachel Falkenstein, Amelia McCulley, Wayne Cilimberg, Sharon Taylor and Greg Kam ptner. 2. Other Matters Not on the Agenda from Clerk: the Public • No action required • None 3. Review of Board of Supervisors Meeting Clerk: — May 7, 2014. No action required Mr. Cilimberg reviewed the actions taken on May 7, 2014. 4. Consent Agenda Clerk: a. Places 29 Advisory Council For Informational Purposes Only feedback on CCP- 2014 -00001 (Rachel Falkenstein) APPROVED CONSENT AGENDA for item (a) by a vote of 6:0. (Lafferty absent) 5a. Work Sessions Staff: • Refer to Commission comments and direction to ZTA- 2014 -00001 Agricultural Operations staff noted in Attachment 1 & Farm Breweries - State Code changes 0 Staff to do further research, develop draft Amend the Zoning Ordinance to Address ordinance language and schedule work session State Code Requirements for Farms & Farm prior to scheduling public hearing. (See minutes Breweries (Mandy Burbage) for details) The Commission received staff's presentation, took public comment and provided comments and direction as shown in Attachment 1. No formal action taken. (See minutes for details) The Planning Commission recessed at 7:52 pm and reconvened at 8:01 pm. 5b. ZTA- 2014 -00003 Neighborhood Model Staff: Setbacks and Yards Refer to comments and direction to staff noted in Review and Discussion of proposals for Attachment 2 amending the County Code /Zoning • Staff to do further research, develop draft Ordinance to modify setback and yard ordinance language and schedule public hearing. requirements in development area zoning (See minutes for details) districts to support the Neighborhood Model goals and objectives. (Ron Higgins) The Commission received staff's — 1 — Planning Commission FINAL Action Memo — May 13, 2014 presentation, took public comment and provided comments and direction as shown in Attachment 2. (See minutes for details) 6. Old Business Staff: • Mr. Keller and Mr. Dotson provided Staff to provide any feedback it has on report results of the committee meeting on format. Rural Areas and asked for any staff feedback on the report format (on file with the printed minutes in the office of the clerk). 7. New Business Secretary: • Cal Morris recognized for ten years of • Staff to follow up with Commissioners on service with Albemarle County. availability of funds for LUEP Legal Seminar. • Commissioner Keller, Randolph, Morris, • Staff to follow with Commission regarding the date and Lafferty expressed interest in for the work session on ZTA- 2014 -00001 attending the 2014 LUEP Legal Agricultural Operations & Farm Breweries. Seminar on May 29 in Charlottesville. (Dotson participating as panelist) • Proffer Policy Public Roundtable scheduled for Thursday, May 15 from 4:00 to 6:00 p.m. in room 241 of County Office Building. • Commission to adjourn to May 29 LUEP Legal Seminar at the May 15 roundtable. • No Planning Commission meeting on May 20, 2014 or May 27, 2014. • The next Planning Commission meeting will be held on Tuesday, June 3, 2014. 8. Adjourn to May 15, 2014 Proffer Policy Roundtable, 4:00 p.m., Room 241, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. • The meeting was adjourned at 8:57 p.m. Attachment 1 — ZTA- 2014 -00001 Agricultural Operations & Farm Breweries - State Code changes — Planning Commission Comments Attachment 2 — ZTA- 2014 -00003 Neighborhood Model Setbacks and Yards- Planning Commission Comments —2— Planning Commission FINAL Action Memo — May 13, 2014 ATTACHMENT 1 Amendment to Zoning Ordinance to Address State Code Requirements for Agricultural Operations & Farm Breweries In a work session Ms. Burbage presented a PowerPoint presentation on the proposed amendment to the Zoning Ordinance to address State Code requirements for Agricultural Operations and Farm Breweries. Staff requested feedback on the following two items from the Commission on using the following standard to regulate certain activities involving the public and occurring at a farm, farm winery or farm brewery: Setbacks /Minimum Acreage. 1. Whether or not the Commission feels setbacks for parking and outdoor activity areas or a minimum acreage requirement should be used to mitigate impacts associated with bringing the public to an agricultural operation or a farm brewery. 2. If a setback is recommended if the Commission feels the swim, golf, tennis setback standard (75 feet from the property line & 125 feet from a residence) is adequate. Public Comment was taken from the following individuals: • David vanRoijen • Marcia Joseph • Ben Rowe • Mr. David King, of King Family Vineyards of Crozet, Virginia, and Chair of the Virginia Wine Board. • Neil Williamson, with the Free Enterprise Forum • Charlotte Shelton, of North Garden • Jeff Werner, Piedmont Environmental Council • Morgan Butler, Southern Environmental Law Center (For additional detail see minutes) In summary, the Planning Commission generally supported Mr. Keller's suggestion to treat farm breweries the same as farm wineries and have a lower special use permit threshold than 200 attendees at any one time for events at agricultural operations. (5:1) (Dotson, Randolph, Firehock, Keller and Morris - yes) (( Loach no) (Lafferty absent) Note: Mr. Loach disagreed because he supported staff's recommendation for the special use permit thresholds and setback requirements at agricultural operations. The Planning Commission provided the following input: - Agreed that the threshold for number for attendees at events be at any one time and not over the course of a day. - Asked for additional information on event attendance thresholds less than 200 attendees (50 and 150 discussed) and frequency of events (24 events/ year discussed). - Asked for definition of bona fide agricultural operations. - Asked for clarifying preamble for new ordinance sections. The Commission requested that staff do additional research and set follow up work session date. —3— Planning Commission FINAL Action Memo — May 13, 2014 ATTACHMENT 2 ZTA- 2014 -00003 Neighborhood Model Setbacks and Yards - Comments and Recommendations In a work session Ron Higgins presented a PowerPoint presentation on the proposed amendments to the Zoning Ordinance to address Neighborhood Model Principles in the Development Areas by amending the County Code /Zoning Ordinance to modify setback and yard requirements in development area zoning districts to support the Neighborhood Model goals and objectives. Staff requested that the Planning Commission respond to the following: • Is use of min /max street setback for "infill" as defined acceptable? • Are the other min /max street setbacks acceptable? • Are proposed side bldg separations /side yards and rear yards acceptable? • Is proposed front only "step back" for buildings in excess of 40' or three stories in height (whichever is less) acceptable? Public Comment: Neil Williamson, Free Enterprise Forum, supported staff's recommendations. He suggested if the goal of the comp plan is to pull houses forward why not allow houses to come forward in conventional infill development. He supported special exceptions, particularly for infill development cases where there are natural or physical barriers on a parcel, and preferred that they be administrative. The Planning Commission provided the following feedback: • Is use min /max street setback for "infill" as defined acceptable? Yes. There was emphasis on maintaining the character of the neighborhood with any infill development. The Commission generally agreed with Mr. Williamson's comments. Are the other min /max street setbacks acceptable? Yes. Are proposed side building separations /side yards and rear yards acceptable? Yes. • Is proposed front only "step back" for buildings in excess of 40' or three stories in height acceptable? Yes, but with request that staff provide information on where the side or rear yards of R -10, R -15, commercial and industrial zoning exist adjacent to single family residential and Rural Area. The Planning Commission directed that the public hearing be scheduled without a roundtable and requested the following: • Synopsis of amendments in normal language be sent out to Citizen Advisory Councils. • Provide photographs in addition to diagrams that show examples so public can better visualize the proposals. • In diagrams indicate front and rear as it is not clear which way building is facing. (For additional detail see minutes) _4_ Planning Commission FINAL Action Memo — May 13, 2014 FINAL ACTIONS Planning Commission Meeting of June 24, 2014 AGENDA ITEM /ACTION FOLLOW -UP ACTION 1. Call to Order. • Meeting was called to order at 6:00 p.m. by Cal Morris, Chair. • PC members present were Morris, Loach, Randolph, Keller and Lafferty, Vice Chair. Firehock, Dotson and Monteith were absent. • Staff present was Bill Fritz, David Benish, Amanda Burbage, Francis MacCall, Sharon Taylor, Wayne Cilimberg and Greg Kamptner. 2. From the Public: Matters Not Clerk: Listed for Public Hearing on the No action required Agenda. • None 3a. Public Hearing Clerk: • Action Letter — Recommend Action as ZTA- 2014 -00004 Personal noted in the action and shown in Wireless Service Phase II Attachment 1. The Planning Commission will hold a public hearing to receive comments • ZTA- 2014 -00004 will be forwarded to the on its intent to recommend adoption Board of Supervisors to be heard on a of an ordinance that would amend date to be determined. (Tentative date - Secs. 3.1, Definitions, 5.1.40, August 6). Personal wireless service facilities, 30.6.4, Certificates of . Staff requested emails from public be appropriateness, and 30.6.5 sent to bfritz(a_)albemarle.org for those Development exempt from wishing to be added to notification list. requirement to obtain certificate of appropriateness, of Chapter 18, Zoning, of the Albemarle County Code. This ordinance would amend Sec. 18 -3.1, by adding a definition of "mobile personal wireless service facility "; amend Sec. 18- 5.1.40, by amending the required supporting information accompanying an application for a personal wireless service facility (PWSF) pertaining to trees and photographic simulations, by amending the exemptions from Albemarle County Planning Commission FINAL Action Memo — 06 -24 -2014 regulations pertaining to building sites and setbacks that otherwise would apply to a PWSF, by amending the screening and siting requirements for Tier II PWSF's to require them to be sited to minimize their visibility from any entrance corridor overlay district, and to exempt mobile personal wireless service facilities from the requirements of section 18- 5.1.40 subject to obtaining a zoning clearance, durational limits, siting requirements, and other requirements; and amend Secs. 18- 30.6.4 and 18- 30.6.5 by adding PWSF's to the classes of development exempt from review by the County's architectural review board under Sec. 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. (Bill Fritz) RECOMMEND ZTA- 2014 - 00004, by a vote of 3:2 (Morris, Lafferty, Loach aye) (Randolph, Keller nay), as shown in Attachment 1. Recess. The Commission recessed at 7:55 p.m. and reconvened at 8:04 p.m. 4.a. Work Session Staff: • Staff to schedule public hearing for July ZTA- 2014 -00001 Farms & Farm 15, 2014. Breweries — State Code Changes Review proposed Zoning Ordinance amendments to Address State Code Requirements for Farms & Farm Breweries (Mandy Burbage) The Commission received staff's presentation, took public comment Albemarle County Planning Commission FINAL Action Memo — 06 -24 -2014 and, by a vote of (5:0), requested a public hearing be scheduled for July 15, 2014. (See minutes for details) 6. Old Business Secretary: • None • None 7. New Business Secretary: • Planning Commission will be Determine date of joint PC /BOS work participating in joint work session session on broadband and wireless with Board of Supervisors in service. August regarding broadband and wireless service. • City of Charlottesville hired a director of traveling who is going to work with the bicycle and pedestrian coordinator. • No PC meeting on July 1, 2014 • Joint work session with Board of Supervisors on Tuesday, July 8, 2014 regarding Cash Proffer Policy 8. Adjourn to July 8, 2014 Joint Albemarle County Board of Supervisors /Planning Commission meeting, 5:00 p.m., Room 241, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. • The meeting was adjourned at 9:02 p.m. ATTACHMENT 1 — ZTA- 2014 -00004 Personal Wireless Service Phase II — Planning Commission Recommendation Albemarle County Planning Commission FINAL Action Memo — 06 -24 -2014 ATTACHMENT 1 ZTA- 2014 -00004 Personal Wireless Service Phase II — Planning Commission Recommendation RECOMMEND as follows: ❑ Recommend approval of the modification of submittal requirements and how tree information is submitted. ❑ Recommend approval of provision to allow the requirement of photo simulations. ❑ Recommend additional evaluation of modification of the critical slope regulations to allow the tower and base station without a special exception. ❑ Recommend approval of modification of the critical slope regulations to require the access road to require a special exception. ❑ Recommend additional evaluation of modification of method of reducing setback to include a letter of authorization from the abutting owner. ❑ Recommend approval of modification of allowing base station equipment to be closer to the property line. ❑ Recommend approval of provisions for temporary facilities with modifications to the time limit. ❑ Recommend denial of removal of requirement for a Certificate of Appropriateness. (See Minutes for further details) Albemarle County Planning Commission 4 FINAL Action Memo — 06 -24 -2014