The URL can be used to link to this page

Home My WebLink AboutZTA200900007 Legacy Document 2009-05-14AL,9 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA2009 -00007 Temporary Construction Headquarters, Yards- Section 5.1.18 SUBJECTIPROPOSAUREQUEST: Amendment to delete of 18 -month time limit for construction headquarters and addprovisions for consistent administrative regulation of both temporary construction headquarters and temporary construction yards STAFF: John Shepherd and Sherri Proctor PLANNING COMMISSION DATE: May 19, 2009 BOARD OF SUPERVISORS DATE: TBA BACKGROUND: 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 permitting procedures for both of these uses. The Planning Commission held a work session on this proposal on April 21, 2009. The Commission adopted the Resolution of Intent and discussed the utility of defining the terms "temporary construction yard," temporary construction headquarters" and "active construction activity." The proposal to approve these with zoning clearances rather than building permits was also discussed. DISCUSSION: This amendment reorganizes sections 5.1.18, 5.1.18.1 and 5.1.18.2 into a single, well drafted section. The intent is to establish consistent regulation of temporary construction yards and temporary construction headquarters, to allow these uses by zoning clearance rather than temporary permit and to allow these uses to be located on the same site rather than the same parcel as the construction. This ZTA includes the following changes to the permitting process for these headquarters and yards: 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 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. 2. The proposed amendment replaces "temporary permit' with "zoning clearance." Presently, these "temporary permits" are processed as building permits. It is appropriate that these be processed as zoning clearances because the supplemental regulations are in the zoning ordinance rather than the building code. Zoning clearances can be approved with specific conditions that are appropriate to a site. 3. The term, "within the recorded subdivision or on the same lot" is replaced by the term, "site." This is a minor change that allows these uses to be located on property that is subject to site development plans as well as recorded subdivisions. It is staff opinion that the supplemental regulations provide sufficient definition of temporary construction headquarters and yards. These are clearly distinguished from "storage yard" and "heavy equipment and heavy vehicle parking and storage yard" because they are limited to the site and are temporary. In response to the work session, modified language has been added to better define "discontinued construction." The proposed ordinance now uses the same terms that are in the building code - "suspended or abandoned." A clause has been added to allow the zoning administrator to extend the period of duration in the event of inclement weather. PUBLIC PURPOSE TO BE SERVED: The public is served when ordinance language is clear and the regulation of similar uses is consistent. ADMINISTRATION/ REVIEW PROCESS: The administrative approval of temporary construction yards for periods longer than 18 months will eliminate the time and cost to process these modifications. HOUSING AFFORDABILITY: The reduction of time and cost necessary to process waivers for construction yards for residential projects operating for more than 18 months may have a positive impact on housing costs. RECOMMENDATION: Staff recommends approval of the draft ordinance. (See Attachment A) ATTACHMENTS: ATTACHMENT A: Albemarle County Zoning Ordinance Section 5.1.18 ATTACHMENT B: Resolution of Intent ATTACHMENT C: Mike Mathews' letter of support 2 Draft: 05/06/09 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 amended 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 H. Basic Regulations Sec. 5.1.18 Temporary construction headquarters; and .m op rary construction yards 5.1.18.4 TEMPORARY CONSTRUCTION READQUARTE Temporary _ construction headquarters and temnorary construetionyards are permitted as follows: R. Temporary i clearance allowing t=l)oraly construction he dguarters sming a construction project, subject to the al. Duration. A tempafafy peffftit may be issued by the zoning The headquarters shall be authorized on the site for a period beginning no earlier than thirty (30) days prior to the commencement of actual construction and terxiiaat ending no later than *• erAy-(20) thirty (M days after completion of the last building to be constructed in the project or thirty (30) days after active construction on the site is suspended or abandoned whichever occurs first (hereinafter, he "ending date"). Construction shall be deemed to be suspended or abandoned if no substantive progress, characterized by =rQyed building inspections or other evidence that substantial work has been performed in the Tior thirty (30) day period. The zoning administrator may extend the ending date upon the written retluest of the owner, if the suspension or abandonment of active constriction is the result of inclement weather. The headquarters shall be removed from the site by the---q J date.; b2. Location. Sueh uses The headquarters shall be located within the same det 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 to prevent dust of and debris from blowing or spreading onto adjacent properties er and public streets nights -of way. :• 'u ! !. �!.- ••_1.•,•11_1._ M. 1 11_. _' E-e v1 -e Attachment A Draft: 05/06/09 al. Duration,. m: -- r � .- ,so be i.�.�ad �,. «�e . ,�,h :.......:.............. «,._ for- ....,,..:,, ..,.« ,,. exeeea eighteen (1 4) ...°., hs 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 on the ending date. All materials, supplies, equipment. debris and other items composing the yard shall be removed from the site by the ending date. The zoning administrator may extend the ending date, 1pon the written request of the owner, if the suspension or abandonment of active construction is the result of inclement weather K. Location. Stieh a The yard shall be located within *he °° efded stibdivis °° whie - it en the same let site where the construction project is located. In additim no portion of a yard shall be located: G) closer than fifty (50) feet to any public street right -of -way existing prior to the recording of the subdivision plat served by the yard or existing prior to the commencement of the construction project: and Gil closer than one hundred fifty (150) feet to any nreexisting dwelling not owned or leased by the owner -of the subdivision or construction project served by t e . Maintenance. The area in the vicinity of the yard and the access roads thereto shall be treated or maintained in to prevent dust of and debris from blowing or spreading onto edjeiniog ac properties Fight and public street rights -of -way. $tteh 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,; 1. ■. - Wo 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 Clerk, Board of County Supervisors Ave Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Attachment A •. ■ 1. ■. - Wo 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 Clerk, Board of County Supervisors Ave Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Attachment A 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 From: Michael Matthews [mailto:mikem @matthewsdevelop.com] Sent: Thursday, April 16, 2009 1:19 PM To: Amelia McCulley Subject: FW: ZTA on construction yards - - - - -- Forwarded Message From: Michael Matthews <mikem@matthewsdevelop.com> Date: Tue, 14 Apr 2009 13:10:03 -0400 To: Calvin Morris <Cal mor@msn.com> Conversation: ZTA on construction yards Subject: ZTA on construction yards Cal, I wanted to give you a heads up that you will have an item on next week's agenda to consider a zoning text amendment for construction yards, essentially giving the zoning administrator authority to approve them. I give the staff, and specifically Amelia McCulley, a huge amount of credit for putting this forward, and I urge the PC to approve it. It came about because we realized that our construction yard at the MJH replacement hospital site will very soon not be in compliance with the ordinance. The ordinance just doesn't contemplate how to handle a construction project that lasts more than 18 months, and ours is going to last twice that long. I feel that as long as the zoning administrator has the authority to approve these things, the county will always be protected. From our perspective, it is a necessity to allow us to keep up the great work that is happening at the hospital site. Knock on wood, but so far, we are still right on schedule and right on budget, if not even a little bit better than that. Let me know if you or your colleagues have any questions. I would be there to testify on behalf of the ZTA, but I coach my 8 year old's baseball team, and we have a practice at 6:00 that night. I'd be in big trouble if I missed that! Michael Matthews Owner's Representative, Martha Jefferson Hospital Matthews Development Company One Boar's Head Pointe, Suite #131 Charlottesville, VA 22903 (434) 972 -7764 mikem @matthewsdeveloo.com Attachment C