HomeMy WebLinkAboutZTA200900007 Legacy Document 2009-04-15WHIN
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COUNTY OF ALBEMARLE•
EXECUTIVE SUMMARY
AGENDA TITLE: ZTA2009 -00007 Temporary
Construction Headquarters, Yards- Section 5.1.18
SUBJECT /PROPOSAL /REQUEST: Resolution of Intent &
Work Session — Deletion of 18 -month time limit for
construction headquarters and provisions for consistent
administrative regulation of both temporary construction
headquarters and temporary construction yards
BACKGROUND:
STAFF: John Shepherd and Sherri
Proctor
PLANNING COMMISSION DATE: April
21, 2009
Section 5.1.18.1 allows construction headquarters, which are also known as mobile office trailers to be located on a site
until 20 days after completion of the last building. Section 5.1.18.2 restricts temporary construction yards to a period not to
exceed eighteen months. The purpose of this amendment is to provide appropriate and consistent time limits and
administrative procedures for both of these uses.
DISCUSSION:
It is staff opinion that both temporary construction yards and temporary construction headquarters are similar uses
that should be administered in a consistent manner. We do not identify a justification to limit construction yards to a
period of 18 months while allowing temporary construction headquarters to remain throughout the life of a project.
It is also staff opinion that the 18 -month time limit is too short for many projects. The construction of the new Martha
Jefferson Hospital is a case in point. Without this amendment, the construction yard for that project will require a
modification of this supplemental regulation from the Planning Commission.
This ZTA includes the following revisions to the ordinance.
1. The eighteen month limit for temporary construction yards is deleted. The amendment requires that temporary
construction yards, like temporary construction headquarters be terminated no later than thirty days after completion
of the last building in the project. It is staff opinion that permits for both temporary construction headquarters and
temporary construction yards should run with the life of a project. It is also staff opinion that thirty days is an
appropriate length of time to remove these uses after completion of a project.
2. The term, "temporary permit" is replaced by the term, "zoning clearance." This is a minor change that accurately
identifies the required permit for these uses.
3. The term, "within the recorded subdivision" is replaced by the term, "site." This is also a minor change that allows
these uses to be located on property that is subject to site development plans as well as recorded subdivisions.
RECOMMENDATIONS:
Staff recommends approval of the attached Resolution of Intent. (See Attachment B) Staff asks that the Commission
advise if it recommends revisions to the proposed ZTA and to set this matter for public hearing.
ATTACHMENTS:
ATTACHMENT A: Albemarle County Zoning Ordinance Section 5.1.18
ATTACHMENT B: -- Resolution of Intent
Draft: 04/14/09
ORDINANCE NO. 09 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, OF THE
CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article 11, Basic Regulations, of the Code of the County of Albemarle is arnended and reordained as follows:
By Amending, Renaming and Renumbering:
Sec. 5.1.18 Temporary construction headquarters; and Sec. 5.1.18
temporary construction yards
Sec. 5.1.18.1 Temporary construction headquarters Sec. 5.1.18 (part)
Sec. 5.1.18.2 Temporary construction yards Sec. 5.1.18 (part)
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 5.1.18 Temporary construction headquarters; and temporary construction yards
Temporary construction headquarters and temporary construction yards are permitted as follows:
a. Temporary construction headquarters. The zoning administrator is authorized to issue a zoning
clearance allowing temporary construction headquarters serving a construction _ project, subject to the
following:
al. Duration. " temper-a•• pefmit may be issued by the zening .,,a., inisb.at ^r The headquarters
shall be authorized on the site for a period beginning no earlier than thirty (3 0) days prior to the
commencement of actual construction and tefminutin g ga&g no later than twen 0) thjr
30 days after completion of the last building to be constructed in the project hereinafter, the
"termination date"), The headquarters shall be removed from the site by the termination date or
within thirty (30) days after active construction is discontinued, whichever occurs first.;
b2. Location. Sueh uses The headquarters shall be located within the F-eeer-ded subdi. isien ef n the
same let site where the construction project is located,;
e3. Maintenance. The area in the vicinity of sueh uses the headquarters and the access roads
thereto shall be treated or maintained in seeb a manner as to that prevents dust er and debris
from blowing or spreading onto adjacent properties er- and public streets rights -of- -way.
ab. Temporary construction yards. The zoning administrator may issue a zoning clearance allowing
temporary construction yards serving a construction project, subject to the following:
al . Duration. n temper -a -y pe fmit Fray be issued by the zening ,,,a., mist...,,.,- f „ . pefied net to
e�ieeed eighteen (19) mend, The yard shall be authorized on the site for a period beginning no
earlier than thirty (30) days prior to the commencement of actual construction and ending no
_ later than the termination date. All materials, supplies, equipment, debris and other items _
Attachment A
Draft: 04/14/09
composing the yard shall be removed from the site by the termination date or within thirty (301
days after active construction is discontinued, whichever occurs first.;
h2. Location. Sueh-a The yard shall be located within the r er-de' subdivisien w ieh 4 ser-ves of
en the same Iat site where the construction project is located. In addition. no portion of a Yard
hall be located: (i) closer than fifty (50) feet to any public street right -of -way existing prior to
the recording of the subdivision served by the yard or existingprjor to the commencement of
the construction project; and (ii) closer than one hundred fifty (150) feet to any preexisting
dwelling not owned or leased by the owner of the subdivision or construction proiect served by
thy;
SIR M-wommi--
pro
el Maintenance. ^ l ^ of sue ^ The area in the vicinity of the yard and the access roads
thereto shall be treated or maintained in such manner as to that prevents dust er and debris from
blowing or spreading onto adjei-nin adjacent properties ent my publ e , fight e f wa<, and
public street rights -of -way. Sueh All yards shall be maintained in a clean and orderly manner,
and building material and construction residue and debris shall not be permitted to accumulate :,
944. cr e pan er -e deemed neeessafy and desirable by the zening adfninist,.^4,,,,_.Mien sue
meastifes shall be pi:evided The zoning administrator may require appropriate screening nr
fencing around a yard if the yard will be located in or adjacent to a residential zoning district.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded
below, at a regular meeting held on
Aye Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Clerk, Board of County Supervisors
e. ...n
.....
944. cr e pan er -e deemed neeessafy and desirable by the zening adfninist,.^4,,,,_.Mien sue
meastifes shall be pi:evided The zoning administrator may require appropriate screening nr
fencing around a yard if the yard will be located in or adjacent to a residential zoning district.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded
below, at a regular meeting held on
Aye Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Clerk, Board of County Supervisors
RESOLUTION OF INTENT
WHEREAS, Sections 5.18, Temporary Construction Headquarters, Yards, 5.18.1, Temporary
Construction Headquarters, and 5.18.2, Temporary Construction Yards, of the Zoning Ordinance establish
regulations pertaining to temporary construction headquarters and yards serving a project while construction is
ongoing; and
WHEREAS, it is desired to amend Sections 5.1.18, 5.1.18.1 and 5.1.18.2 to revise the duration during
which temporary construction headquarters and yards may remain on a site, to revise terminology, and to
reorganize those sections.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a
resolution of intent to amend Zoning Ordinance §§ 5.1.18, 5.1.18.1 and 5.1.18.2 and any other regulations of the
Zoning Ordinance deemed appropriate to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the
zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of
Supervisors, at the earliest possible date.
Attachment B