The URL can be used to link to this page

Home My WebLink AboutZTA200900009 Legacy Document 2010-05-14 (2)FINAL ACTIONS Planning Commission Meeting of November 17, 2009 AGENDA ITEM /ACTION FOLLOW -UP ACTION 1. Call to Order. • Meeting called to order by Mr. Strucko at 5:05 p.m. PC members present were Mr. Morris, Mr. Edgerton, Ms. Porterfield, and Mr. Strucko. Absent were Mr. Franco, Ms. Joseph, Mr. Loach, and Ms. Monteith. • Staff present were Wayne Cilimberg, Margaret Maliszewski, Sharon Taylor, and Greg Kamptner. 2. Work Session Staff: • Schedule the public hearing on December 15, ZTA- 2009 -00009 Entrance Corridor 2009 and address the input received. (Attachment Administration Process Amendments 1) (Margaret Maliszewski) • The Planning Commission held a work session to review the changes to the zoning ordinance being considered for Entrance Corridor Administrative Process Amendments. The Planning Commission discussed, asked questions, took public comment and provided guidance and direction as summarized in Attachment 1. No formal action was taken. • The Planning Commissioners endorsed scheduling the public hearing on December 15, 2009. The Planning Commission recessed at 6:05 p.m. for a five minute break and reconvened to the regular meeting at 6:10 p.m. 3. Call to Order. • Regular Meeting was called to order at 6:10 p.m. by Mr. Strucko. PC members present were Mr. Morris, Mr. Edgerton, Ms. Porterfield, and Mr. Strucko. Absent were Mr. Franco, Ms. Joseph, Mr. Loach and Ms. Monteith. • Staff present was Elaine Echols, David Benish, Claudette Grant, Mark Graham, Sharon Taylor and Greg Kamptner. 4. From the Public: Matters Not Listed for . No action required. Public Hearing on the Agenda. • None 5. Public Hearinq Items Staff: • Action Letter — ZMA- 2007 -00002 and Setback ZMA- 2007 -00002 Hollymead Town Center Waiver. (TIKI) • ZMA- 2007 -00002 will go before Board of PROPOSAL: Rezone 1.021 acres from PD- Supervisors on December 9, 2009. (Attachment MC Planned Development Mixed 2 — Staff Report Attachment H — Proffers, dated Commercial - large -scale commercial uses; November 2, 2009) and residential by special use permit (15 units/ acre) and HC Highway Commercial - commercial and service uses; and residential use by special use permit (15 units /acre) to PD -SC Planned Development Shopping Center - shopping centers, retail sales and service uses. (Claudette Grant) • RECOMMENDED APPROVAL, by a vote of 4:0, of ZMA- 2007 -00002 with the proffers and a note that the traffic issue is recognized and staff will explore what can be done. • APPROVED, by a vote of 4:0, the waiver request to Chapter 18, Section 2.7 (a) to allow the front setback of 5 feet for the building fronting on Timberwood Boulevard. 6. Public Hearinq Items Action Letter — Forward recommended plan to the Board of Supervisors. CPA - 2008 -00003 Village of CPA - 2008 -00003 Village of Rivanna Rivanna Master Plan will go before the Board of Master Plan - Amend the Land Use Plan Supervisors on a date to be determined. section of the Albemarle County Comprehensive Plan by replacing the existing profile of the Village of Rivanna with the Village of Rivanna Master Plan, which establishes new policies, guidelines, recommendations, goals and strategies for future development within the master plan area. (Elaine Echols) RECOMMENDED APPROVAL, by a vote of 4:0, on the Village of Rivanna Master Plan as presented by staff. 7. ZTA- 2009 -00001 Wind Turbines Clerk: (Mark Graham) Action Letter — will go before Board of Supervisors on December 2. (Attachment 3 — Attachment B of RECOMMENDED APPROVAL, by a vote of Staff Report) 4:0, of ZTA- 2009 -00001 Wind Turbines in accordance with Attachment B including the definition of fall zone. 8. 0 Old Business 0 None 9. • New Business • No PC meeting on November 24 2009. 10. Adjourn to December 1, 2009, Planning Commission Meeting at 6:00 p.m., Auditorium, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. The meeting was adjourned at 7:15 p.m. Attachment 1 — ZTA- 2009 -00009 Entrance Corridor Administration Process Amendments Comments Attachment 2 — ZMA- 2007 -00002 Hollymead Town Center (TIKI) - Attachment H of Staff Report — Proffers, dated November 2, 2009 Attachment 3 — ZTA- 2009 -00001 Wind Turbines — See Staff Report Attachment B and definition of fall zone 3 ATTACHMENT 1 Work Session - ZTA- 2009 -00009 Entrance Corridor Administration Process Amendments The Planning Commission held a work session to review the proposed changes to amend the Albemarle County Zoning Ordinance to change Section 30.6 Entrance Corridor Overlay District (ECOD) and related sections to streamline procedural requirements and improve efficiency and effectiveness in Entrance Corridor (EC) review, and to address recommendations of the Development Review Task Force (DRTF). Staff reviewed the revised draft and updated concepts and asked for guidance. The Planning Commission discussed, asked questions, took public comment and provided guidance and direction as summarized below. No formal action was taken. The Planning Commission endorsed staff to schedule the public hearing on December 15, 2009 and to take the following comments and responses from the Commission and public into consideration: Planning Commission comments: • Revise the flow chart by adding colors (such as red, green, yellow) to emphasize the quickest route to approval. Also add $ to emphasize where fees occur. • Page 18, section H, "shall be valid" is repeated. • Replace the word "background" in the opaque background definition. • Morgan Butler, SELC, commented: o Streamlining means notice to adjacent owners is more important. The compatibility /consistency concept in the ECs means abutting owners have meaningful input. o Page 11 doesn't spell out how the county -wide CofA will happen. The ordinance should spell out the categories /uses. 0 30.6.9 states that the PC and the SDP agent can waive EC conditions for public health reasons. Currently this is limited to the PC. It is odd to add staff ability to overstep the ARB. • Neil Williamson, Free Enterprise Forum, commented: • The comprehensive plan changes regarding economic development state that costs associated with new ordinances must be outlined. This hasn't been done yet. • Agrees with the previously stated health /safety comments. • Regarding notice, the ARB /ARB staff see a lot of applications that aren't huge (signs, for example). Placing the notice cost on the county or the applicant for this is unfair. • Regarding, page 44 of attachment C, 30.6.7.i., it is grossly unfair to not allow an applicant to resubmit the same application as was denied. It is the job of the ARB to receive applications. Planning Commission comments: • The Planning Commission agreed with the notion of getting the public involved and giving the public opportunity to comment. Abutting land owners should get notice. • The architectural compatibility issue was mentioned. • The new ordinance should address the cost component /fee structure. • Agreed with the public safety /health issue and questioned the language expansion to give authority to the agent. Staff was requested to work on this language. • Fair notification to the public is needed without adding time and cost. The question was raised on where to draw the line on the types of applications to provide public notice. The public has some responsibility for knowing the process. It is a choice between streamlining and $. • Question raised: can wording be added to the notification letter for SPs and ZMAs regarding upcoming ARB review? ARB review doesn't always follow these applications. • A suggestion was made by Mr. Kamptner to add criteria to the ordinance regarding parameters for the county -wide Certificate of Appropriateness. 4 • In reference to public safety, Mr. Kamptner noted the following suggestion. At the original adoption of the ordinance, all site plans went to the Planning Commission. The determination is very technical in nature. Criteria can be added for when the site plan agent can make that determination, which would be in consultation with the county engineer, building official, and fire /safety. • Concerns over the costs of notification were expressed. One Commissioner asked if there is a way to provide lesser notification at a lesser cost or can notification be provided for anything out of the ordinary? Commissioner Morris said it was adding an unnecessary step. 5 Attachment 2 ZMA- 2007 -00002 Hollymead Town Center (TIKI) - Attachment H of Staff Report — Proffers, dated November 2, 2009 (See Staff Report) Attachment 3 — ZTA- 2009 -00001 Wind Turbines — See Staff Report Attachment B and definition of fall zone