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HomeMy WebLinkAboutZTA200800003 Legacy Document 2009-11-13ATTACHMENT A RESOLUTION OF INTENT WHEREAS, Zoning Ordinance § 4.2.5 authorizes the Planning Commission to waive the prohibition against disturbing slopes of 25 percent or greater; and WHEREAS, Zoning Ordinance § 4.7 requires Planning Commission approval of open space and various issues relating to open space within a development under applicable standards set forth in section 4.7; and WHEREAS, Zoning Ordinance §§ 21.7.3 and 27.10.3 establish minimum buffers for commercial and industrial uses, respectively, adjacent to residential and rural areas, and authorize the Planning Commission to waive the buffer requirement under applicable standards set forth in the Zoning Ordinance; and WHEREAS, Zoning Ordinance § 32.2 authorizes the Planning Commission to waive the requirement for a fully -drawn site plan upon the recommendation of the Site Review Committee and the Agent; and WHEREAS, the Development Review Task Force (the "DRTF ") was charged by the Board of Supervisors to review and assess current legislative land use processes to identify needed improvements in efficiency, effectiveness, quality and public participation; and WHEREAS, one of the recommendations of the DRTF was "to establish staff authority for waivers and modifications in the development areas" and both the DRTF and County staff have recommended issues in which staff - approved waivers and modifications should be considered; and WHEREAS, in order to improve efficiency in the development process, Zoning Ordinance § 4.2.5 should be amended to authorize staff to consider and approve requests to waive the prohibition against disturbing slopes of 25 percent or greater where the slopes were created artificially as part of a prior development approval; Zoning Ordinance § 4.7 should be amended to authorize staff to review and approve open space because existing standards provide sufficient guidance; Zoning Ordinance §§ 21.7.3 and 27.10.3 should authorize staff to waive the buffer requirements because existing standards provide sufficient guidance; and Zoning Ordinance § 32.2 should be amended to authorize staff to consider and approve requests to waive the requirement for a fully -drawn site plan where the site is served by an access road that serves no other parcels and where a parcel was developed prior to the current site plan regulations were adopted where the proposed site change is a minor addition such as a greenhouse or a small building addition. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good land development practices, the Board of Supervisors hereby adopts a resolution of intent to amend Zoning Ordinance §§ 4.2.5, 4.7, 21.7.3, 27.10.3 and 32.2 and any other regulations of the Zoning Ordinance deemed appropriate to achieve the purposes described herein. 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 A RESOLUTION OF INTENT WHEREAS, Subdivision Ordinance § 14 -404 requires that each subdivision have a single access from an existing street and the Planning Commission is authorized to waive this requirement under specified circumstances; and WHEREAS, on January 23, 2008, the Board of Supervisors adopted a resolution of intent to amend Subdivision Ordinance § 14 -404 to provide, among other things, that all future lots created from the subdivision of an existing parcel share the same entrance to an existing public or private street, including those lots resulting from future subdivisions of the original parcel; and WHEREAS, the Development Review Task Force (the "DRTF ") was charged by the Board of Supervisors to review and assess current legislative land use processes to identify needed improvements in efficiency, effectiveness, quality and public participation; and WHEREAS, one of the recommendations of the DRTF was "to establish staff authority for waivers and modifications in the development areas" and both the DRTF and County staff have recommended issues in which staff - approved waivers and modifications should be considered; and WHEREAS, in order to improve efficiency in the development process, Subdivision Ordinance § 14 -404 should be further amended to authorize staff to consider and approve a waiver when the parcel being subdivided is physically separated by an existing public street. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good land development practices, the Board of Supervisors hereby adopts a resolution of intent to amend Albemarle County Code § 14 -404 and any other regulations of the Subdivision Ordinance deemed appropriate to achieve the purposes described herein. BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the subdivision text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date.