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Home My WebLink AboutZTA201200006 Executive SummaryCOUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA201200006 Process Improvements SUBJECT /PROPOSAL /REQUEST: Changes to the legislative review process (re- zonings and special use permits) STAFF CONTACT(S): Messrs. Graham, Kamptner and Cilimberg AGENDA DATE: May 15, 2012 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes BACKGROUND: On September 1, 2010, Mark Graham, Director of the Community Development Department, provided the Board an overview of the variables affecting the quality and efficiency of the legislative review process for applications for re- zonings and special use permits, and requested direction on possible changes to the process. Mr. Graham noted that the four variables to consider are 1) efficiency of the review process, 2) the number of review issues, 3) the extent of review to assure quality development, and 4) the number of decision- makers. Mr. Graham said that additional opportunities for change realistically could be found in two areas — review efficiency and delegating some review issues to the ministerial process. Mr. Graham identified the following changes to the legislative review process that would help reduce time and costs: 1. Codify expectations as application requirements. 2. Codify the requirement for a pre - application conference. 3. Formalize a community meeting process. 4. By policy, avoid indefinite deferrals. On August 3, 2011, the Planning Commission met jointly with the Board of Supervisors and Architectural Review Board to receive staff information and discuss the legislative process. On November 29, 2011, the Planning Commission adopted a resolution of intent (Attachment A) for the legislative process amendments reflecting Board direction provided at the August joint work session. DISCUSSION: In preparation for the Board's September, 2010 work session, staff had consulted with several of Albemarle's peer counties that have similar expectations for re- zonings to evaluate their review processes. Staff visited Hanover and Fauquier Counties to gain further insight into the processes that they use. The common theme that staff found in both counties was a focus on pre - application preparation with prospective applicants, quality control for application acceptance and community awareness regarding application proposals. This led staff to identify the following relevant goals in making changes: Create a value -added process for both the applicant and staff keeping in mind that time is money for both parties Provide clear expectations — it will be the responsibility of staff to tell the applicant what is required in an application and the applicant is responsible for providing it Reduce iterations of re- submittal — it will be the responsibility of staff to provide complete, clear and unchanging comments of what is required for a project to be acceptable and the applicant's responsibility to provide it Get decisions made — avoid deferrals. Provided applicable criteria and expectations are met, the matter will be approved; should applicable criteria and expectations not be met then the matter should be denied On July 19, 2011, staff held a roundtable meeting with public interests to provide an overview of proposed changes and receive feedback. While attendance was rather small, the following were important comments and suggestions provided at the roundtable: There was support for a mandatory pre - application conference, but comments provided by staff to the applicant on the pre - application comment form should be valid until an application is made since the time that may be required to complete the information necessary for application submittal (e.g., a traffic study) could take several months. There was concern that the community meeting could be "one more hurdle" (another public hearing) for applicants. Those commenting requested more details on how the community meeting will be conducted and how notice will be provided. A suggested alternative was to allow flexibility for the applicant to hold the meeting when and how it feels it is most beneficial and to not make it mandatory. To the extent practical, standardize staff review time to determine whether an application is complete for all types of applications (re- zonings, special use permits, site plans, subdivision plats). At the conclusion of the August, 2011 joint work session of the Board, Commission and ARB, the consensus of the Board regarding the legislative process was as follows: A pre - application conference is to be required prior to application submittal A pre - application form is to be completed by the applicant and submitted before scheduling the pre - application conference Staff completes the pre - application comment form and provides it to the applicant within 7 days of submittal The application form will address expectations, including those based on the staff pre - application comment form Fee is not paid with submittal — applications are to be reviewed for completeness before acceptance Applicant is to be notified within 7 days of acceptance /rejection 1. If the application is accepted: a) The fee must be paid within 5 business days of the notice of acceptance to activate the review during that application submittal review period b) If the fee is not paid within 5 business days the review does not begin until the next submittal date after the fee is paid 2. If the application is rejected: a) A checklist of missing information is provided by staff to the applicant b) The applicant is eligible to reapply with the required information as early as the following month's submittal date c) A new pre - application conference is not required, but a follow -up meeting with staff can be scheduled before re- applying if the applicant so desires Community meetings: 1. Would be applicant- sponsored and required after the application is submitted to provide public information about the project; community meetings must be held within 46 days of the application submittal date for which the fee is paid 2. Staff attends the community meeting to observe and answer process and policy questions Staff has drafted ordinance amendments (Attachment B) reflecting the direction provided by the Board and reflecting the process steps and flow chart included as Attachments C and D. One modification to note in the draft amendments is an increase from 7 to 10 days for staff notification to applicants to provide the time necessary to assemble and provide comments and to be consistent with other ordinance provisions. This increase will not increase the actual review time for projects once an application is accepted for processing. The amendments in Attachment B also include housekeeping changes to address state code requirements and to organize and clarify for easier administration. The substance of the amendments reflecting process can be found on pages 22 -32. Staff believes these changes will address the goals noted with the Board in September, 2010, particularly through clearer expectations up front leading to complete applications that will allow for a more substantive initial review by staff, thus reducing the number of re- submittals and deferrals due to lack of information. RECOMMENDATIONS: Staff recommends that the Planning Commission identify any concerns they may have with the proposed amendments and direct staff to bring the text amendment forward for a Public Hearing as soon as possible. ATTACHMENTS A- November 29, 2012 Resolution of Intent B- Draft Text Amendments C- Proposed Process Steps D- Flowchart of Proposed Process ATTACHMENT A RESOLUTION OF INTENT WHEREAS, the Albemarle County Zoning Ordinance includes regulations pertaining to applying for and reviewing zoning map amendments ( "rezonings ") and special use permits; and WHEREAS, in order to improve quality and efficiency in the application and review of requests for rezonings and special use permits, it may be desirable to amend the regulations in the Zoning Ordinance pertaining to the application requirements and the review procedures for rezonings and special use permits. 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 consider amending Albemarle County Code §§ 18 -31, Administration and Enforcement, and 18 -33, Amendments, and any other sections of the Zoning Ordinance deemed to be appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. ATTACHMENT A ATTACHMENT B Draft: 05/08/12 ORDINANCE NO. 12 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE, 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 I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, and Article IV, Procedure, are hereby amended and reordained as follows: By Amending: Sec. 3.1 Definitions Sec. 4.15.5 Signs authorized by special use permit Sec. 4.8.1 Determinations concerning unspecified uses Sec. 10.5.2 Where permitted by special use permit Sec. 20.1 Intent, where permitted Sec. 20.2 Application Sec. 30.1.2 Application Sec. 31.1 Designation of zoning administrator, authority Sec. 34.4 Application for variances By Amending and Renaming: Old New Sec. 1.7 Official zoning map Zoning map Sec. 30.5.5 Permitted uses by right and special permit Permitted uses by right and by special use permit By Repealing: Sec. 1.9 Application for land use permit; payment of delinquent taxes Sec. 8.5.1 Applications and documents to be submitted Sec. 8.5.2 Preapplication conferences Sec. 8.5.3 Review and recommendation by the planning commission Sec. 8.5.4 Review and action by the board of supervisors; effect of approval Sec. 8.6 Amendments to planned development districts Sec. 20A.3 Application requirements; required documents and information Sec. 20A.4 Application plans Sec. 31.6 Special use permits Sec. 31.6.1 Reserved to board of supervisors Sec. 31.6.2 Application Sec. 31.6.3 Conditions Sec. 31.6.4 Revocation Sec. 31.8 Special exceptions Sec. 33.0 Amendments Sec. 33.1 Statement of purpose and intent Sec. 33.2 Initiation of amendments Sec. 33.2.1 Property owner petition Sec. 33.2.2 Untitled Sec. 33.2.3 Untitled Sec. 33.3 Proffer of conditions ATTACHMENT B Draft: 05/08/12 Sec. 33.3.1 Effect of conditions Sec. 33.3.2 Zoning map notation Sec. 33.3.3 Authority of zoning administrator Sec. 33.4 Public hearing -- notice Sec. 33.5 Report by planning commission to board of supervisors after hearing Sec. 33.6 Limitation on filing new petition after original denial Sec. 33.7 Withdrawal of petitions Sec. 33.8 Posting of property Sec. 33.8.1 Posting of property — planning commission hearing Sec. 33.8.2 Validation of prior notice requirement (Amended 6- 19 -96) Sec. 33.8.3 Maintenance and removal of signs Sec. 33.9 Matters to be considered in reviewing proposed amendments Sec. 33.10 Schedule of review Sec. 33.10.1 Untitled Sec. 33.10.2 Untitled By Adding: Sec. 33.1 Purpose and intent Sec. 33.2 Uniform requirements for the initiation of zoning text amendments and zoning map amendments Sec. 33.3 Uniform procedures for zoning text amendments and county- initiated zoning map amendments Sec. 33.4 Uniform procedures for owner - initiated zoning map amendments and special use permits Sec. 33.5 Uniform procedures for special exceptions Sec. 33.6 Zoning text amendments and zoning map amendments; relevant factors to be considered; effect of approval Sec. 33.7 Owner - initiated zoning map amendments; authority to accept proffers Sec. 33.8 Special use permits; relevant factors to be considered; conditions; revocation Sec. 33.9 Special exceptions; relevant factors to be considered; conditions Chapter 18. Zoning Article I. General Provisions Sec. 1.7 Offleial zoning map Zoning mao ! r�.- rwee!*: zf�!! to!efsrssrs�s.�ir , , ! Ag buildings and other- stmetufes in the eounty. ATTACHMENT B Draft: 05/08/12 ehanges on the offieial Zoning Map. Viela4ions of this pr-evision shall be punishable as pt:evided in seetion 37.0. The zoning man is identified, and shall be interpreted, as follows: a. Zoning man identified. The several mans and digital source files, and all dimensions, symbols, notations. and designations shown on the mans and in the digital source files, are collectively maintained by the department of community development, and they compose the zoning man, which is incorporated by reference as part of this chapter. The zoning map is the digital form of the zoning map adopted on December 10, 1980, as amended by all zoning map amendments after that date. The zoning map also may exist in an analog zoning map book. b. Zoning man establishes the location and boundaries ofzoning districts. The location and boundaries of the zoning districts created by this chapter are hereby established as shown on the zoning map. The zoning map also includes symbols that represent the existence of conditions, including proffers, attaching to the zoning of a parcel on the zoning map. C. Interpretation. The zoning map shall be interpreted as follows: 1. District lines follow lot lines and center lines: boundary designated. The district boundaries shown on the zoning map are intended to follow the lot lines or the center lines of streets or alley_ s as they existed on December 10, 1980 and as hereafter amended: provided that where a district boundary obviously does not follow any such line, and is not depicted on an approved subdivision plat or site plan or described by dimensions or other means, it shall be determined by measurement using a scale. 2. Waterways, roads, streets. highways, railroads, and other rights -of -way: boundary not designated. All waterways, alleys, roads, streets, highways, railroads, and other rights -of -way. if not otherwise specifically designated, shall be deemed to be in the same zoning district as the immediately abutting parcels. If the center line of a waterway, alley, road, street. highway railroad, or other right -of -way_ serves as a zoning district boundary_, the zoning of those areas. unless otherwise specifically designated, shall be deemed to be the same as that of the immediately abutting parcel up to the center line. 3. Areas not otherwise designated. The intent of this chapter is to have the entire unincorporated territory of the county within a zoning district. Except for those features and facilities identified in section 1.7(c)(2), any area not shown on the zoning map as being within a zoning district shall be deemed to be in the Rural Areas (RA) zoning district. 4. Inconsistencies. If there is an inconsistency between any information shown on the zoning map and any decision made by the board of supervisors or an interpretation of the zoning map made by the board of zoning ppeals after December 10, 1980, then the decision of the board of supervisors or the interpretation of the board of zoning appeals shall govem, d. Alterations and amendments. The zoning map shall not be altered or amended in any way except in compliance with the procedures and standards established by this chapter for a zoning map amendment. (§ 1.7, 12- 10 -80) State law reference — Va. Code §§ 15.2- 2285(A), 15.2- 2286(A)(7), 15.2 -2300. ATTACHMENT B Draft: 05/08/12 [GK: This section would be amended to reflect that the zoning map is now based on a digital source rather than the paper document adopted December 10, 1980 and thereafter amended in an analog format. As amended, this section would refer to the map as the "zoning map" rather than the "official zoning map," because the latter name has sometimes been confused with an "official map," which is a different thing altogether. This regulation also would provide the opportunity to address the issue of determining the zoning districts for roads, waterways and other linear rights -of -way that may not be expressly depicted on the maps. Staff is evaluating whether the current zoning map needs to be re- adopted in conjunction with the amendment to this section.] Prior- to initiation the for . of relview of an applieation amendment, - . speeial ose permit, varianee of other land use permit, the zoning administrator- shall require the applicant to produee satisfaetory delinquePA real est4e taxes owed to the Gottnt-y w-hieh have been pr-operly assessed against evidenee that all the subjeet propefty land he-- tolled isteeei—d b., the use pe-;�--�-it sh—all until sueh evidenee zonifig administ+a4er-. [GK: The substance of this section would be moved to the two sections dealing with applications for land use approvals, sections 33.4 (applications for zoning map amendments, special use permits and special exceptions) and section 34.4 (applications for variances).] Sec. 3.1 Defintions Digital source file: The term "digital source file" means [to be added]. [GK: This is a placeholder that would provide the definition to explain the term, which is used in amended section 1.7 pertaining to the zoning map.] Owner: The term "owner" means the owner or owners of the fee simple interest of real property. Special exception: The term "special exception" means an exception to the general regulations in anv Darticular zoning district pertaining to the size, height, area, bulk or location of structures or the areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures. that is not permitted in anv Darticular zoning district except by a special exception granted under this chapter. [GK: This definition would be added in order to distinguish, by regulation, special exceptions from special use permits.] Special use permit: The term "special use permit" means a permit for special use that is not permitted in a particular zoning district except by a special use permit granted under this chapter. [GK: This definition would be added in order to distinguish special exceptions from special use permits.] 4 ATTACHMENT B Draft: 05/08/12 Zoning man amendment: The term "zoning man amendment" means an amendment to the zoning man, which may include changing the boundaries of one or more zoning districts or the zoning district classification of one or more parcels; also sometimes referred to as a "rezoning." [GK: This definition would be added to clarify the meaning of the term, and is based on the terminology used when referring to zoning map amendments and zoning text amendments in Virginia Code §§ 15.2- 2285 and 15.2- 2286(A)(7).] Zoning text amendment: The term "zoning text amendment" means an amendment to the regulations of this chapter, which may include amending, changing or supDlementin the regulations. [GK: This definition would be added to clarify the meaning of the term, and is based on the terminology used when referring to zoning map amendments and zoning text amendments in Virginia Code §§ 15.2- 2285 and 15.2-2286(A)(7).] [GK: These definitions, while obvious to some, would be helpful to many.] Article II. Basic Regulations Sec. 4.15.5 Signs authorized by special use permit Except as provided in subsection (d), electric message signs, off -site signs, and signs in public rights -of -way may be authorized only by special use permit, as provided herein: C. Procedure and administration. The application procedure, the findings and conditions to be applied by the board of zoning appeals when considering an application for a special use permit, and the authority to revoke such a permit, shall be as provided in section 34-4 33 of this chapter. In addition to the foregoing: For an off -site sign, the board of zoning appeals shall also find that the issuance of a special use permit is necessary because an on -site sign would be ineffective to communicate its message off - site because of topography or vegetation. 2. For an electric message sign, the board of zoning appeals shall also find that the sign complies with all applicable state laws for such signs. A permit number for each special use permit issued for an off -site sign shall be affixed to the sign in a conspicuous place. (12- 10 -80; 7 -8 -92, § 4.15.05; Ord. 01- 18(3), 5 -9 -01; Ord. 10- 18(4), 5 -5 -10) State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286. [GK: This proposed amendment would update the cross - reference.] ATTACHMENT B Draft: 05/08/12 Sec. 4.8.1 Determinations concerning unspecified uses Uses other than those specified in district regulations as permitted by right or accessory uses may be added to a district on application by a 1a an owner, if the commission and board of supervisors find: a. That there is no clear intent to exclude such uses; and b. That the proposed use is appropriate within the district and would have no more adverse effects on other uses within the district, or on uses in adjoining districts, than would uses of the same general character permitted in the district. In such cases, the board of supervisors shall proceed to amend the ordinance in accord with the provisions of section 33.& (§ 4.8.1, 12- 10 -80) [GK: This proposed amendment would update the cross - reference.] rr---» -�-- - - ---- - - -- »rr--_» btA limited to, iden4ieatiea tfees, > not idepAifying tidal deemed analyses, of speeimen to the and r-epei4s petenfial non wedands A whieh are less reasonably ineh fieeessat=y to analyze thousand appheation.: feet a. regional eentext map at a topography seale of not ten feet one (1) equal one (1000) showing to those at a ma*imum of b. An boundafy (W) the to be > the leeation > t�Te mts beidndal-y aeeufate sui=vey evidenee and the soufee of the A less of area stffvey; than ineh rezoned showing to htmdr-ed and feet, of that e. map at a seale of not intetwal be one (1) equal one by the (100) dir-eeter- provided a-not the the andler- seale May required or- pei:faitted of planning where size of afe-a T�D?ff . _ Tl'}'��Sfl.!•l:T� .I!7� l.T.!!1t�EflR!!!SiE!!T� i i 6 ATTACHMENT B Draft: 05/08/12 i if tE) be desigRated jr as pf:esen,atioa areas, WWgp afeas RS loonsen,ation afeas, such as mm areas, speetmen tfees, G�i1T�SRlS!lT.'i . ..:. ��•..: �.,:. a�CT�I �ll�S7S�lT��SSDSS�T�'�i1�9:'��. The to be designated if tE) be desigRated areas as pf:esen,atioa areas, appr-opFia4e, and afeas RS loonsen,ation afeas, such as stfeams, wooded areas, speetmen tfees, non tidal wetlands, and other- 0 STE. -RE. =- ME s 3. The location general of pfoposed stfeets, alleys, sidewalks, and pedestrian paths-, 5. Gonneetions to ther-o-bighfar-es on the edsting and proposed stfeets, as well as proposed shown eompr-ehensiN,e plan; 6. The la-y for the general out water- and sewef systems, eaneeptual stofn+water management, an eoneeptual � -T. S'7'LSIP.!l�lil�!S'�f! Will 11� III NIIIII i 0,00-- WA OWN. SWALULLOAM ATTACHMENT B Draft: 05/08/12 [GK: The substance of this section would be moved to proposed section 33.4.1 See. 8.5.2 Preapplication conferences Eaeh applieant for- a planned development Shall attead a j aint meeting with the Stag 4 the depaAfflefit a community development as well as other- qualified offieials from outside agencies stich as the Vir-ginia pfeappheation conference shall be to assist the applieant to assar-e that the application and the doetiments to submitted with the appheation comply with all applicable regulations, and to identify as soon as possible nigie ng r giii tions and aeeessai-y odi f4eatior. applieation fef a planned development tha4, when stibmit4ed with its stippoi4ing doetiments, 11 be as eomp and eompr-eheasive as possibk- i§ 8.5.3, 12 10 90; Or-d. 03 19(2), 3 19 03; Or-d. 09 19(9), 10 14 nay (>~,,,-.. of § 8.5.2 Planning Commission n - ,.,.o,lufes Repealed 3 19 03) [GK: The concept of the preapplication conference would be included in proposed section 33.4, and whether it would be required would be left to the director of planning, as proposed for all other zoning map amendments.] See. 8.5.3 Review and reeommendation by the planning eommission Eaeh appheation to establish or amend a planned development distfiet shall be Y-eviewed and acted on by the Planning e0mmissiell as follows: a. The commission shall eensider- and make its r-eeemmenda4ion to the board of supetwiseFs on eae appheation for- a planned development distr-iet as it does for other- zoning map amendments. Within b. in addition to any other- faetofs r-elevant to tke eonsider-ation of a zoning map amendment, the eommission shall , side -the f ll,...,ing: Whether- the proposed p1mmed develepmepA or- a+nendment thereto satisfies the piar-pose and inten4 of the planned development dist+iet. 2. Whether- the area pi:epesed to be r-ei�oned is appropriate for- a planned development tinder- the eompr-ehefisive plan; the physioal elia-Faeter-isties of the area pfoposed to be rezoned; a-ad the r-elation of the 0 pfoposed to be 0 0a. 3. The r-elation of the pfoposed planned development to major- r-oads, utilities, publie f4eilities and mss. e. The eemmission shall either- r-eeemmead appr-oval of the appheation as proposed, appr-eval of the appheation with ehanges to be made prior- to aetion on the applieation by the board of s ATTACHMENT B Draft: 05/08/12 moms r� Q c n 1 2 10 80; Or-d. 03 18(2),3 1 9 03. OFd. 09 18(9),10 i n 09) [GK: The subject matter of subsection (a) is unnecessary because it will be addressed in proposed section 33.4; the subject matter of subsections (b) and (c) would be moved to proposed section 33.6.E . ; Ealsh applieation to establish ot: amend a planned development distr-ilet shall be Feviewed and aeted on by the board of supervisors, and approval of the . , 1;e f io shall have effect as follows: development distr-ilet as it does for other- Zoning map afflendments. if the board appr-oves the , the app shall eonstitute appr-oval of the application plan, all standafids of development submitted by the applicant, and the elade of development, as appheable. The board's aetion shall also b. Efi�eet of affr-oval. Upon approval of an appheation, the appheation plan, all standafids of development development. r�Qcc 1-2 1080 ;n.a 03 18 94 [GK: The subject matter of this section would be moved to proposed section 33.6.1 •..s•�� ..:rtes, . art .......................... — ....... . WIN Jill ATTACHMENT B Draft: 05/08/12 ��. r�s *sss*s�s*_se�a��e!�s:�ee�s!srr� ..tis!�.sss��essesr�: [GK: The substance of subsections (a), (b) and (c) would be moved to proposed section 33.4; the substance of subsection (d) would be moved to proposed section 33.6.] Article III. District Regulations Sec. 10.5.2 Where permitted by special use permit 10.5.2.1 The board of supervisors may authorize the issuance of a special use permit for more lots than the total number permitted under section 10.3.1 and section 10.3.2; provided that no such permit shall be issued for property within the boundaries for the watershed of any public drinking water supply impoundment, and further provided that no such permit shall be issued to allow more development lots within a proposed rural preservation development than that permitted by right under section 10.3.3.3(b). (Added 11 -8 -89; Amended 5 -5 -04 effective 7 -1 -04) The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in section 31.2.4.1 33.8 of this chapter with reference to the goals and objectives of the comprehensive plan relating to rural areas including the type of division proposed and specifically, as to this section only, with reference to the following: (Amended 11 -8 -89) (§ 20- 10.5.2.1, 12- 10 -80; 11 -8 -89; §18- 10.5.2.1, Ord. 98 -A(1), 8 -5 -98; Ord. 04-18(l),5-5-04 effective 7 -1 -04) [GK: This proposed change would update the cross - reference.] Sec. 20.1 Intent, where permitted PUD districts may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for planned development districts in sections 8-.0 and 330 and with densities and uses in locations in accordance with recommendations of the comprehensive plan. As described by the comprehensive plan, PUD districts are intended to serve as neighborhoods or mini - neighborhoods within designated communities and the urban area. Additionally, PUD districts may be appropriate where the establishment of a "new village" or the nucleus of a future community exists and where the PUD development would not preclude achievement of the county's objectives for the urban area, communities and villages. 10 �. 4.111 41111 �, • ��. r�s *sss*s�s*_se�a��e!�s:�ee�s!srr� ..tis!�.sss��essesr�: [GK: The substance of subsections (a), (b) and (c) would be moved to proposed section 33.4; the substance of subsection (d) would be moved to proposed section 33.6.] Article III. District Regulations Sec. 10.5.2 Where permitted by special use permit 10.5.2.1 The board of supervisors may authorize the issuance of a special use permit for more lots than the total number permitted under section 10.3.1 and section 10.3.2; provided that no such permit shall be issued for property within the boundaries for the watershed of any public drinking water supply impoundment, and further provided that no such permit shall be issued to allow more development lots within a proposed rural preservation development than that permitted by right under section 10.3.3.3(b). (Added 11 -8 -89; Amended 5 -5 -04 effective 7 -1 -04) The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in section 31.2.4.1 33.8 of this chapter with reference to the goals and objectives of the comprehensive plan relating to rural areas including the type of division proposed and specifically, as to this section only, with reference to the following: (Amended 11 -8 -89) (§ 20- 10.5.2.1, 12- 10 -80; 11 -8 -89; §18- 10.5.2.1, Ord. 98 -A(1), 8 -5 -98; Ord. 04-18(l),5-5-04 effective 7 -1 -04) [GK: This proposed change would update the cross - reference.] Sec. 20.1 Intent, where permitted PUD districts may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for planned development districts in sections 8-.0 and 330 and with densities and uses in locations in accordance with recommendations of the comprehensive plan. As described by the comprehensive plan, PUD districts are intended to serve as neighborhoods or mini - neighborhoods within designated communities and the urban area. Additionally, PUD districts may be appropriate where the establishment of a "new village" or the nucleus of a future community exists and where the PUD development would not preclude achievement of the county's objectives for the urban area, communities and villages. 10 ATTACHMENT B Draft: 05/08/12 In order to encourage the community function, appropriate commercial and industrial uses are provided in addition to a variety of residential uses. It is intended that commercial and industrial development be limited to a scale appropriate to the support of the residential uses within the PUD; provided that additional commercial and industrial activity may be permitted upon a finding that the area in which the PUD is to be located is not adequately served by such use. It is intended that these regulations provide flexibility in residential development by providing for a mix of residential uses with appropriate nonresidential uses, alternative forms of housing, flexibility in internal relationships of design elements and, in appropriate cases, increases in gross residential densities over that provided in conventional districts. [GK: This proposed change would update the cross - reference.] Sec. 20.2 Application Notwithstanding the requirements and provisions of section 8A, planned development districts, generally, where certain planned community districts have been established and have been developed or received final site development plan approval prior to the adoption of this ordinance, such districts shall be considered to have been established as PUD districts under this ordinance and shall be so designated on the zoning map. [GK: This proposed change would update the cross - reference.] Rxeept where the eption is exer-eised as provided in subseetion 20A.3(b), below, the following doettments and infoFmation shall be submitted in addition to any other doeuments required to be submitted under- seetion 8. this ehapter-.! a. A statement deser-ibing how the proposed NN4D satisfies the intent of the zening or-dinanee a-ad is. eensistent with the appheable goals and objeetives of the eempf:ehensive plan, the !and use plan, the master- plan for- the appheable development afea, and the Neighbor-hood Model; if one or- fRor-e ehafaeter-isties of the Neighbor-hood Model delineated in seetion 20A. 1 are missing ffem an appheatie the appkeafft shall justify why all of the ehai-7aeter-isties eannot of: should not be pfevided; b. A parking and leading needs study that demonstrates par-king needs and r-equir-ements and inelu- strategies for- dealing with these needs and r-equiFements, ineluding phasing plans, pafk4ag altefnative provided in seetion 4.12.9 of this ehapter-, a-ad transpeftation demand management stfat _i . iiw in seetion 4.12.12 of this ehapter-; pr-evided that the appheant may eleet to submit the par-king a-ad leading needs study in eef�munetien with the pr-elifniaar-y site plan fo+: the development if it deteFmines that the uses e. Strategies for- establishing shared stoffnwater- management f4eilities, off site stafmwater- management f4eilities, and the proposed phasing of the establishment of stem+watef management to suppeft any element of the plan. 20A to stippoft any element of the eode-. • (n,.a 03 19(2), 2 19 03; Or-d. 09 18(9), 10 14 09) 11 ATTACHMENT B Draft: 05/08/12 [GK: The substance of this section would be moved to proposed section 33.4.1 [GK: The substance of this section would be moved to proposed section 33.4.1 Sec. 30.5.5 Permitted uses by right and by special use permit 30.5.5.2 Within the immediate environs of any stream designated in section 30.5.2, no person shall commence any use involving the construction of any structure, the cutting of any living tree over six (6) inches caliper measured at six (6) inches above ground level, or the grading or other like physical alterations of the immediate environs of such stream except as follows: (Amended 9 -9- 92) d. The following uses by special use permit only: 12 °etion 20A.9; 0. A eoneeptual lot lay out; infofmation by the 40P'e-s- SttpPleffleRtedWheFe ° ° neeessafy spot elevations and aFeas Of Site Whffe existing fl. Any to thof:oughfar-es proposed the OOffiffellefiSiVe eonneetions plan-, e*istifig and pfoposed stfeets, as well as pfoposed shown on coneeptual h. The loeation featHr-es the development to the design the development, of eeatr-al btiilding of major- elements within essential of areas, padis, (Ord. 03 18(2), 3 sueh open spaee, 19 03; Ord. as green 09 18(9), envelopes, sp 10 14 09) majer- employment iesznd areas, paFk4ng r-eereation areas. afeas and stf+letefes' elvie- [GK: The substance of this section would be moved to proposed section 33.4.1 Sec. 30.5.5 Permitted uses by right and by special use permit 30.5.5.2 Within the immediate environs of any stream designated in section 30.5.2, no person shall commence any use involving the construction of any structure, the cutting of any living tree over six (6) inches caliper measured at six (6) inches above ground level, or the grading or other like physical alterations of the immediate environs of such stream except as follows: (Amended 9 -9- 92) d. The following uses by special use permit only: 12 ATTACHMENT B Draft: 05/08/12 6. Bridges, causeways and other similar structures designed for pedestrian and/or vehicular access; provided that the board of supervisors shall find, by clear and convincing evidence, in addition to the findings r-equired by section 31.2.4.1 factors to be considered under section 33.8, that: [GK: These proposed changes would update the cross - reference and refer to "factors to be considered" rather than "findings ".] Sec. 30.1.2 Application Overlay districts and amendments thereof shall be established in accordance with the provisions of section 33-.0 of this o chanter. (§ 30.1.2, 12- 10 -80) [GK: These proposed changes would update the cross - reference and refer to the "chapter" rather than the "ordinance." Other sections in the Zoning Ordinance still refer to the "ordinance," and those sections will be corrected when they are otherwise amended.] Article IV. Procedure Sec. 31.1 Designation of zoning administrator, authority The office of zoning administrator is hereby established, subject to the following: a. Authority. The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce this chapter. This authority includes, but is not limited to: Interpreting this chapter and the official zoning map; 2. Administering this chapter by making determinations and decisions on any matters arising under this chapter, including but not limited to, how a building, structure or use should be classified, whether a use is permitted within a particular zoning district, whether a proposed building or structure complies with setback, height, bulk and other requirements, whether a building, structure, use or lot is nonconforming, and whether a lot meets minimum lot size requirements. Ordering in writing the remedying of any use or structure determined to be in violation of this chapter; 4. Insuring compliance with this chapter, bringing legal action, including an action for linjunction, abatement, civil penalties or other appropriate action or proceeding subject to appeal as provided by Virginia Code § 15.2 -2311 and this chapter; In specific cases, making findings of fact and, with concurrence of the county attorney, conclusions of law regarding determinations of rights under Virginia Code §§ 15.2 -2307 and 15.2- 2311(C); 13 ATTACHMENT B Draft: 05/08/12 6. Enforcing the provisions of this chapter regulating the number of persons permitted to occupy a single - family residential dwelling unit, provided such enforcement is in compliance with applicable local, state and federal fair housing laws; a*d 7. Making decisions and determinations as to whether a pending site plan, subdivision plat, building permit application or any other application subject to review and approval by the county or the program authority complies with this chapter..; 8. Administering and enforcing proffers accented in coniunction with zoning man amendments including: (i) ordering in writing the remedying of any noncompliance with the proffers: (ii) insuring compliance with the proffers by bringing legal action, including an action for injunction . abatement, or other appropriate action or proceeding: and (iii) requiring a guarantee in the form of a surety bond, letter of credit, cash deposit, or another form of guarantee determined to be acceptable by the county attorney, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the proffers or a contract for the construction of the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the zoning administrator, upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part: and [GK: Subsection 8 would be added here, replacing what is now in section 33.3.3, because the subject matter more properly belongs here. The proposed language tracks the enabling authority in Virginia Code § 15.2- 2299.] 9. Keeping and making available for public inspection a conditional zoning index. The index shall provide ready access to the proffers accepted in conjunction with a zoning map amendment and the regulations provided for in a particular zoning district or zone. The index also shall provide ready access to all proffered cash payments and expenditures disclosure reports prepared by the board of supervisors pursuant to Virginia Code § 15.2- 2303.2. The zoning administrator shall update the index annually and no later than November 30 of each year. [GK: Subsection 9 would be added because it is an express duty imposed by Virginia Code § 15.2- 2300.1 b. Absence of specific authority not a limitation. The specific authority expressly granted to the zoning administrator in other sections of this chapter shall not be construed to be a limitation on the authority of the zoning administrator to administer and enforce those sections where specific authority is not expressed. (§ 31.1, 12- 10 -80; Ord. 09- 18(3), 7 -1 -09) State law reference — Va. Code && 15.2- 2286(A)(4). (14). 15.2 -2299. 15.2 -2300. •� • !• A• _MJWAMMM L. [GK: All of the legislative acts authorized under the zoning power (zoning text amendments, zoning map amendments, special use permits granted by the board of supervisors (the Zoning Ordinance delegates a limited range of sign - related special use permits to the board of zoning appeals) and special exceptions would be consolidated within section 33.1 14 ATTACHMENT B Draft: 05/08/12 �!�s�:�s�see�rsessr.�a:•sr_sa�. r�.�ssrssssrefassrss�■�!�s� .•sr_s�s�es:�: _ of sttper-visofs shall act upon stieh appheation and r-endef a within No be issued heafing by Vir-ginia a r-easona pefi Code 15.2 2204 stiek peR:nit shall &ieept a4ef notiee and as Pr-ovided si 33.9 of this ehapti. §1 a filed to 31.6.2 the on applieationwithin (12) Mont appliI pur-suant seetion above, substantially same petition r-eeensider-ed within twi (12) mopAhs of the date of denial-, b. WiM&wwal An be be deemed to shall n be ofjgetitiaii. appliI shall ot: l •M • i A• [GK: The subject matter of section 31.6.1 would be moved to proposed section 33.4.] The board deeision le time of sttper-visofs shall act upon stieh appheation and r-endef a within No be issued heafing by Vir-ginia a r-easona pefi Code 15.2 2204 stiek peR:nit shall &ieept a4ef notiee and as Pr-ovided si 33.9 of this ehapti. §1 a filed to 31.6.2 the on applieationwithin (12) Mont appliI pur-suant seetion above, substantially same petition r-eeensider-ed within twi (12) mopAhs of the date of denial-, b. WiM&wwal An be be deemed to shall n be ofjgetitiaii. appliI shall ot: l withdr ------ 15 defeffed, the be deemed to have been by the 4 appheation shall the the beafid does valffatar-ily WithI applieafft ta4Ee I the twelve eammission I not on applieationwithin (12) Mont the defer-fal for- dietiefmined to be taking into the of period a pefied reasonable, eensider-I sii�e 15 ATTACHMENT B Draft: 05/08/12 I&VWR MI MM JUM ff• • • , • •_ , WR§I Kew$ _ • [GK: The subject matter of section 31.6.2 would be moved to proposed section 33.4.] We am Me •m• • 1� �• [GK: The subject matter of section 31.6.3 would be moved to proposed section 33.8.] 11111 ill W. I N WIN W1- 0. 11,111 1 11'10111ffiiiii 111111 NO mill We am Me •m• • 1� �• [GK: The subject matter of section 31.6.3 would be moved to proposed section 33.8.] [GK: The subject matter of section 31.6.4 would be moved to proposed section 33.8.1 See. 31.8 Special exeeptiom a. Alatt-1 - 1 -11.11 . I . . 1.6 a s-peeial e�eeepfiaii. Notwithstanding any other- seetion of this ehap 16 , [GK: The subject matter of section 31.6.4 would be moved to proposed section 33.8.1 See. 31.8 Special exeeptiom a. Alatt-1 - 1 -11.11 . I . . 1.6 a s-peeial e�eeepfiaii. Notwithstanding any other- seetion of this ehap 16 ATTACHMENT B Draft: 05/08/12 .�!�rss�rss!es!ss�rr IN rr.I b. Gonsideffltion in the board the and aetioii. acting upon a special exeeption, shall consider- , that the board be to findings in its decision. 'lie shall not r-equir-ed make specific suppor-t of of eitizent�,, d. Pniefior A fef be by the board (90) days the aefioH. r-equest date the a special exception shall aeted on within ninety a4ef plan appeal, ReqHe�qt. of Fe"est, of vIv,hiehevef is longef. Eaeh for- eoaetif+eatly,�N,ith a zoning map amendment, be speeial use the pefmit, of site e. this ehap+er-. /(1 «.l 12 14(1) 2 r-equest a speeial 4 17\ exeeption shall made as pf:evided tinder- applieable seetion a [GK: The subject matter of section 31.8 would be moved to proposed sections 33.5 and 33.91 Section 33 Zoning Text Amendments, Zoning Man Amendments, Special Use Permits and Special Exceptions [GK: The subject matter and concepts of this section would be moved to proposed section 33.1.1 17 has left diseretion to the in n:meh eettaty making stieh , 'lie , the Weal CO.. v efiefal welfaf e, good i�eaiag aesthetie values and pr-iefities of eitizent�,, 17 ATTACHMENT B Draft: 05/08/12 [GK: The subject matter and concepts of this section would be moved to proposed section 33.1.] The board this by the te*t thereof-, by distr- of stipefviser-s May afflead Or-difianee amending ot: ehafiging afly boundary shown on the adopted zoning map, provided that pfoceedings in the followl-g fOF an), afnendment shall be initiated only [GK: The subject matter of this section would be moved to proposed sections 33.3 and 33.4.] [GK: The subject matter of this section would be moved to proposed sections 33.3 and 33.4.] [GK: The subject matter of this section would be moved to proposed section 33.7.] [GK: The subject matter of this section would be moved to proposed section 33.7.] Eaeh stieh r-e�ening shall be desigaa4ed an the zoning map by an ap be! designed by the �ening shall p ide r-eady s to the or-difianee , e inn sueh sue , nditi ns 18 .... [GK: The subject matter of this section would be moved to proposed section 33.7.] Eaeh stieh r-e�ening shall be desigaa4ed an the zoning map by an ap be! designed by the �ening shall p ide r-eady s to the or-difianee , e inn sueh sue , nditi ns 18 ATTACHMENT B Draft: 05/08/12 [GK: The subject matter of this section would be moved to amended section 1.7.1 See. 33.3.3 Authority of zoning administrator county to administef and enforce conditions attached to a rezoning including the ordering in wr-iting of the FeRWEIY appropriate eti Pfoeeedifig. [GK: The subject matter of this section would be amended to closely track the language in Virginia Code § 15.2 -2299 and would be moved to amended section 31.1.1 See. 33.4 Public hearing notice The eommission and the board of supefviser-s shall hold piablie heafings on any sueh petition or- Feselt4ion as provided by Vifginia Code § 15.2 2285, after- notice is pr-ovided as fequifed by Vifginia Code § 15.2 . if afi�'PE)FtiOfl Of the a4aeted pr-opeAyiS within a planned development, then, in addition to the notiee r-e"iFed by Vifginia Code § 15.2 2204, notiee shall be given to the Owflefs, Or- their- agents Of the 00eupants, of eaeh Pafeel within the planned development. The notiee shall be given in the 'ded in Vifginia Code § 15.2 2204 for- notiee to abutting pfopei4ies. 14owevef:, failur-e to give the additional notiee pr-ovided in this pafagr-aph to an ownef, agent or- eeettpafit of any par-eel within the planned development shall not invalidate any aetion by--*e eommission of the boafd of supefvisofs aff-eeting the planned development. r1-2 10 80; n.a 03 18(2), 3 19 03) t r , -T°tz� [GK: The subject matter of this section would be moved to proposed sections 33.3 and 33.4.1 See. 33.5 Report by pla ssion to boaFd of super-,visor-s after hea * Mig 19 Mil 1 110 .. Nil 111111111114101111,1111'' . •. .=1118511== 19 ATTACHMENT B Draft: 05/08/12 [GK: The subject matter of this section would be moved to proposed sections 33.3 and 33.4.1 Upen the denial by the board of supefvisor-s of any petition filed pttFsttai# to seetion 33.2.1 above, substantia4y the same petition shall not be reconsidered within twelve (12) months of the date of denial. [GK: The subject matter of this section would be moved to proposed section 33.4.E Sec. 33.7 Withdrawal of petitions A petition shall be . it dr w be deemed to be withdrawn, pfovided here* withdrawal, wFitten r-e"est miist be r-eeeived by the body eonsideFing the applieation prior- to it beginning its consideration of the matter- on the Ia. Upon r-eeeipt of the r-equest for- proeessing of the petition shall -ffifl4her- aetion by the eommission or- the board. Substantia44y the same petition shall not be f:eeoasider-ed within twelve (12) months of the date of withckawal tialess the body eonsider-ing the petition at the time of withdrawal specifies that the time limitation shall not appl�- (Amended 6 19 96. 10 3 01) b. if the applieant Fequests that ffir-thef pr-oeessing of foFmal aetion en the petition be indefinitely , the petition shall be deemed to have been voluntarily withdr-avI,,n by the petitionef if the 60mmission 0 board does not take aetion on the petition within �welve (1-2) Months af4er- the date the defefr-al was Fequested. Upon written Fequest Feeeived by the difeetor- of planning and eomm+taity development be the petition is deemed to be withdrawn, the direetof may grant one extension of the defeffal period period deter-mined to be reasonable, taking into consideration the size of natur-e of the pfoposed use, t 3-04-) s�e7es.f6fn 7� frTiLei tisi . r— rAWzisal [GK: The subject matter of this section would be moved to proposed section 33.4.1 .. r: rr :re!� e�s:r'= UNION I I N N. 1101, 11111 7-1 .._ [GK: The subject matter of this section would be moved to proposed section 33.4, which would be cross - referenced in section 33.3.1 !�erse�se��eeee... . . .. ATTACHMENT B Draft: 05/08/12 visible from the read. if mar-e than one Foad abuts the pFepeFty, then either-i (1) a sign shall be er-eeted in the same manner- as above for- eaeh abutting road; or- (2) if the area of the property to be used if the appheation was granted is eenfined to a paFtieulaF POrtiOR of the pr-opefty, a sign er-eeted in the same manner- as above foF the abutting read signs shall be er-eeted in the same manflet: as above on at least t�,N,o bottfidar-ies of the pfepei4y abutting lan owned by the applicant in loeations that are most conspicuous to the publie. The filing of the petition or- and to efeet the signs. Upon a finding by the board of supeR,isoFs that failtir-e to eomply the posting Fequir-ements of this seetion has denied the public Feasonable notice of the publie heafing, the board may de action on the petition or- application until reasonable notice by posting is given. (Amended 6 19 96; 10 3 01) (§ 33.8.1, 2 10 Qn 6 19 96; Or-d. 01 18(6), 10 [GK: The subject matter of this section would be moved to proposed section 33.4, which would be cross - referenced in section 33.3.1 See. 33.8.2 Validation of prior notice requirement (Amended 6 19 96) The adoption or- amendment of any zo or the appfoval of any special use pefmit shall not be deelafed invalid by Feason of a failufe as may have been required under pfior- provisions of seetion adoption, amendment, oF appFoval. (Amended 6 19 96) [GK: The subject matter of this section would be moved to proposed section 33.4, which would be cross - referenced in section 33.3.] [GK: The subject matter of this section would be moved to proposed section 33.4, which would be cross - referenced in section 33.3.1 Envir-eament; and 1.6, Relationship to Gempfeheasive Plan; of this • [GK: The subject matter of this section would be moved to proposed section 33.6.1 21 - - •_ [GK: The subject matter of this section would be moved to proposed section 33.4, which would be cross - referenced in section 33.3.1 Envir-eament; and 1.6, Relationship to Gempfeheasive Plan; of this • [GK: The subject matter of this section would be moved to proposed section 33.6.1 21 ATTACHMENT B Draft: 05/08/12 Sec. 33.10 Sehedule of review Sec 33.10.1 . — I ning tex4 amendments and speeial use permits upon the eomprehensive plan, the board o [GK: This section is unnecessary, and the issue of timing procedures would be moved to proposed section 33.2.] Sec. 33.10.2 The board of supervisors shall eensider- zening text amendment petitions by pr-opeAy owners 4 speeified 44efvals of thfee (3) months. 14ear-ing times in aeeer-d with stteh iffter-vals shall be established by r-eseltition of the board o s"eiwiser-s dtifing the month of januar-y of eaeh ealendar- year following enaetment of this or-dinanee, and said resolution shall be p4lished at least onee per- week far- two eenseeutive weeks in a newspaper- of general eir-ettlation in Albemarle Gotinty. (Amended 3 10 93) [GK: The subject matter of this section would be moved to proposed section 33.2.] Sec. 33.1 Purpose and intent The purpose and intent of section 33 is to establish the procedural and substantive requirements and criteria for considering and acting on zoning text amendments, zoning map amendments, special use permits. except for those delegated by this chanter to the board of zoning anneals, and special exceptions. ( && 33.0.33.1. 12- 10 -80: Ord. 01- 18(6), 10 -3 -01) State law reference — Va. Code && 15.2-2285,15.2-2286(A)(3),(4)_(71. 15.2 -2303. [GK: This section would incorporate the general principals of current sections 33.0 and 33.1.1 Sec. 33.2 Uniform requirements for the initiation of zoning text amendments and zoning man amendments The board of supervisors may amend, supplement, or change the zoning regulations district boundaries, or classifications of property whenever the public necessity, convenience, general welfare, or good zoning practice requires. The initiation of this process shall be as follows: a. Initiation of zoning text amendment. Any zoning text amendment shall be initiated: (i) by resolution of the board of supervisors: or (ii) by motion or resolution of the commission. Any county officer or any other person may request that the board of supervisors or the commission initiate a zoning text amendment. The board of supervisors shall consider an owner - requested zoning text amendment at specified intervals of three (3) months on dates established by resolution of the board during the month of January of each calendar year. b. Initiation of zoning map amendment. Any proposed zoning map amendment shall be initiated: (i) by resolution of the board of supervisors: (ii) by motion or resolution of the commission: or (iiil by application of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor (collectively, "owner-initiated") of the property which is the subject of the proposed zoning map amendment. 22 ATTACHMENT B Draft: 05/08/12 ( && 33.2.33.2.1.33.2.2.33.2.3. 12- 10 -80: & 33.2.1. 5 -5 -82: § 33.10.2,12-10-80 [GK: This section would incorporate the general principals of current sections 33.2, 33.2.1, 33.2.2 and 33.2.3 and further clarify the process. The language closely tracks the language in Virginia Code § 15.2 - 2286(A)(7), though in subsection (b) the term "application" is substituted for "petition" because "application" is the longstanding term used by the County.] Sec. 33.3 Uniform procedures for zoning text amendments and county- initiated zoning man amendments Each zoning text amendment and each county- initiated zoning map amendment pertaining to a parcel not owned by the county shall be subject to the following: a. Worksessions and community meetings. The director of planning is authorized to schedule worksessions before the board of supervisors, the commission, and the architectural review board, if applicable. and community meetings, as he determines to be appropriate. b. Public hearings. Before the board of supervisors acts on a zoning text amendment or a zoning map amendment, the commission shall hold at least one public hearing before making its recommendation to the board of supervisors on each application and the board of supervisors shall hold at least one public hearing. C. Notice of public hearings. Notice of public hearings shall be provided as follows: 1. Published and mailed notice. Notice of the public hearing before the commission and the board of supervisors on an application shall be provided as required by Virginia Code & 15.2 -2204 and Virginia Code S 15.2- 2285(Cl. 2. Posted notice. Notice of the public hearing before the commission and the board of supervisors on each application for a zoning map amendment shall be posted as provided in section 33.4(h)(2) to the extent those provisions are applicable in the context of the application. d. Time for decision. Decisions shall be made within the following periods: 1. By the commission. An application shall be acted on by the commission within ninetv (90) days after the date of the meeting it was first referred to the commission. The failure of the commission to make a recommendation on the application within the ninety ( 90) day period shall be deemed to be a recommendation of approval unless the county_ - applicant requests or consents to the ninety_ 90) day period being extended. 2. By the board ofsunervisors. An application shall be acted on by the board of supervisors within a reasonable period as may be necessary not to exceed twelve (12) months after the date of the meeting it was first referred to the commission unless the county— applicant requests or consents to the twelve (12) month period being extended. 3. Referral. The board of supervisors may refer an application to the commission after the commission has made a recommendation or the application has been deemed to be recommended for approval, provided that further action by the commission and action by the board of supervisors is within the periods provided in this section. 23 ATTACHMENT B Draft: 05/08/12 e. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(F). 33.4. 33.5. 33.6. 12- 10 -80: Ord. 03- 18(2).3 -19 -03 [GK: This section would incorporate the general principals of current sections 33.4, 33.5 and 33.8; specifically, subsection (a) incorporates recommendations by staff as part of the legislative process changes. In subsection (c)(2) (posted signs), it is suggested that this subsection merely cross - reference the posted sign provisions in proposed section 33.4(h)(2) since county- initiated zoning map amendments are uncommon; the other subsections are based on state law. Subsection (d)(1) would allow the planning commission to delay making a recommendation past the 90 -day period if the county- applicant requests or consents to the extension. Note that Virginia Code § 15.2 -2285 does not expressly enable deferral as stated, unlike the express authority given to local governing bodies to defer if requested or consented to; thus, the authority of the commission to defer is based on the board's authority to provide for the administration of the zoning ordinance under Virginia Code § 15.2- 2286(A)(4).] Sec. 33.4 Uniform procedures for owner - initiated zoning man amendments and special use permits Each application for an owner- initiated zoning map amendment or special use permit. except for those delegated by this chapter to the board of zoning appeals under section 4.15.5, shall be subject to the following: [GK: This section is the heart of the process changes recommended by staff for legislative actions — owner - initiated zoning map amendments and special use permits — and that is why they are addressed in the same section. Once Chapter 18 is recodified and a new numbering system is used (similar to that used in the Subdivision Ordinance and the Water Protection Ordinance), this section will likely be broken into multiple sections. Until then, the subject matter will be in one section and the headings should allow readers to easily navigate their way through the section.] a. Pre - application meeting. The director of planning is authorized to require a pre - application meeting with any applicant, to require that the applicant complete and submit information on county- provided forms before submitting an application. , and to establish procedures for responding to the information submitted by the applicant [GK: Subsection (a) would incorporate the recommendations by staff as part of the legislative processes changes. This subsection also would incorporate the "preapplication conference" required for planned developments under section 8.5.2; under current section 8.5.2, these conferences are required but as proposed the matter will be left to the director of planning to require.] b. Applications. Each application shall be composed of a completed county-provided application form, and supplemental information consisting of narratives, maps, plans, studies and other information (collectively, t�pplication ") required to review and act on the application. 1. Authority of the director ofvlanning. The director of planning is authorized to establish appropriate application forms for zoning map amendments and special use permits, and is authorized to determine what supplemental information must be submitted with each application, provided that any information identified in subsection (b)(2) pertaining to an application to establish a planned development district or to amend an existing planned development district shall be submitted. In determining what supplemental information shall be provided, the director of planning shall consider the proposed use, the proposed density, if applicable, the proposed 24 ATTACHMENT B Draft: 05/08/12 zoning district, if applicable, and other considerations he determines to be relevant under sound zoning principles. The application form shall delineate the supplemental information required to be provided. 2. Scone ofsuDDlemental information. The supplemental information that may be required by the director of planning to be submitted with each application, but which shall be required to be submitted in an application to establish or amend a planned development district, includes but is not limited to: [GK: Subsections (b)(1) and (b)(2) are set up to require all of the (b)(2) information to be provided for planned development zoning map amendments, but to allow the director of planning the discretion to determine what information is needed for all other types of zoning map amendments and special use permits. The considerations for the director in determining what information will be required are provided, but leave room for the director to consider other relevant factors as well. Checklists would be provided to the applicant letting it know what information is required.] a. Proiect DroDosal. A narrative of the Droiect proposal. including its Dublic need or benefit: an application to establish a neighborhood model district shall include a statement describing how the proposed NMD satisfies the intent of the zoning ordinance and if one or more characteristics of the Neighborhood Model delineated in section 20A.1 are missing from an application. the applicant shall justify why all of the characteristics cannot or should not be provided. [GK: This subsection would incorporate not only staffs recommended text, but a portion of the statement/ narrative required by section 20A.3 for neighborhood model planned developments.] b. Comprehensive plan. A narrative of the proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area: an application to establish a neighborhood model district also shall include a narrative as to the project's consistency with the Neighborhood Model. [GK: This subsection would incorporate not only staffs recommended text, but a portion of the statement/ narrative required by section 20A.3 for neighborhood model planned developments.] C. Impacts on Dublic facilities and infrastructure. A narrative of the proposed Droiect's impacts on public facilities and public infrastructure. d. Impacts on environmental features. A narrative of the proposed project's impacts on environmental features. e. Proposed proffers to address impacts. A narrative of the proffers proposed to address impacts from the proposed project. f. Mans. One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions: if the project is an amendment to an existing planned development district and the proposed amendment would affect less area than the entire district, the applicant shall submit a map showing the entire existing planned development district and identifying any area to be added to or deleted from the district, or identifying the area to which the amended application plan code of development . proffers or any special use permit or special exception would apply. 25 ATTACHMENT B Draft: 05/08/12 g. Plan of development or application plan. A plan of development or, for an application to establish a planned development district, an application plan, showing: (i) the street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project: (ii) typical cross - sections to show proportions, scale and streetscape /cross - sections /circulation: (iii) the-general location of pedestrian and bicycle facilities: (iv) building envelopes: (v) parking envelopes: (vi) public spaces and amenities: (vii) areas to be designated as conservation and/or preservation areas: (viii) conceptual stormwater detention facility locations: (ixl conceptual grading: and (x) a use table delineating use types, the number of dwelling units, non - residential square footage, building stories and/or heights, build -to lines. setbacks and yards, and other features. In addition: 1. Additional information for all planned development districts. An application Dlan to establish a planned development district shall include, in addition to that required by subsection (b)(2)(g): (i) topography. using the county's eg=o r information system or better topographical information, and the source of the to information, supplemented where necessary by spot elevations and areas of the site where there are existing critical slopes: (ii) a conceptual lot layout: (iii) the general layout for water and sewer systems: (iv) the location of central features or major elements within the project essential to the design of the project, such as major employment areas, parking areas and structures. civic areas, parks, open space, green ces amenities and recreation areas: and (v) standards of development including proposed yards, open space characteristics, and any landscape or architectural characteristics related to scale, proportions . and massing at the edge of the district. 2. Additional information for all neighborhood model districts. An application to establish a neighborhood model district shall include, in addition to that required by subsections (b)(2)(g) and (b)(2)(g)(1), the location of proposed green spaces and amenities as provided in section 20A.9. [GK: Subsection (b)(2)(g) would incorporate not only the plan of development requirements proposed by staff, but the application plan requirements for planned developments generally in current section 8.5.1(e) (as reflected in (b)(2)(g)(1)), and the application plan requirements for neighborhood model districts in current section 20A.4. There was a lot of overlap between the proposed plan of development and the current regulations in sections 8.5.1(e) and 20A.4, and this approach eliminates the overlap.] h. Code of development in a Proposed NMD. An application to establish a neighborhood model district shall include a code of development satisfying the requirements of section 20A.5. [GK: This subsection would incorporate the information required by section 20A.5 for neighborhood model developments required by current section 20A.3(e).] i. Parking and loading needs studv in a proposed NMD. An application to establish a neighborhood model district shall include a parking and loading needs study that demonstrates parking needs and requirements and includes strategies for dealing with these needs and requirements, including phasing plans, barking alternatives as provided in section 4.12.8, and transportation demand management strategies as provided in section 4.12.12:_ provided that the applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for the development if it 26 ATTACHMENT B Draft: 05/08/12 determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. [GK: This subsection would incorporate the information required by current section 20A.3(b) for neighborhood model developments.] Stormwater management in a proposed NMD. An application to establish a neighborhood model district shall include strategies for establishing shared stormwater management facilities, off -site stormwater management facilities, and the proposed phasing of the establishment of stormwater management facilities. [GK: This subsection would incorporate the information required by current section 20A.3(c) for neighborhood model developments.] k. Traffic impact statement. For zoning map amendments, a local traffic impact statement as required by Virginia Code & 15.2- 2222.1 and 24 VAC 30- 155 -40. 1. Recorded Plat or boundary survey. The most recently recorded plat of the parcel(sl composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed project, both of which shall include a metes and bounds description of the boundaries. M. Ownership information. Documents that verify the identity of all record title owners of the parcel(s) composing the proposed project and documents identifying the authorized signatories of the application, the proffer statement, if applicable, and all other related documents. n. Contact Person. The name, address, telephone number and e-mail address of a single contact person for communications between the county and the applicant. o. Other information. Other special studies or documentation, if applicable, and any other ther information identified as necessary by the county on the pre - application comment form. 3. Payment of delinquent taxes. The applicant shall provide satisfactory evidence that any delinquent real estate taxes owed to the county which have been properly assessed against the subject property have been paid. [GK: Subsection (b)(3) would incorporate what is now in section 1.9, and is enabled by Virginia Code § 15.2- 2286(B). The subject matter more appropriately belongs here, since it is an application requirement. A corresponding change is proposed for section 34.4, which applies to variances.] C. Filing the application: the applicant. The application may be filed by the owner, the owner's agent, or a contract purchaser with the owner's written consent (the "applicant "), with the department of community_ development, subject to the following additional requirements: 1 Reauired applicants for amendments to planned development districts. For an amendment to an existing planned development district the owner of each parcel to which the proposed amendment would result in or require a physical change to the parcel, a change in use, density or intensity on that parcel, a change to any proffer or regulation in a code of development that would apply to the parcel, a change to an owner's express obligation under a proffer or regulation in a 27 ATTACHMENT B Draft: 05/08/12 code of development even if the proffer or regulation is not expressly changed, or a change to the application plan that would apply to the parcel, shall be an applicant. 2. Number of conies of application. The director of planning is authorized to establish for each class of application the number of collated copies of the application required to be filed. [GK: The first sentence of subsection (c) is enabled by Virginia Code §§ 15.2 -2285 (zoning map amendments) and 15.2- 2286(A)(3) (special use permits and special exceptions; "suitable regulations safeguards "). Subsection (c)(1) would incorporate part of what is now in section 8.6. Subsection (c)(2) would incorporate recommendations by staff as part of the legislative processes changes.] d. Determining completeness of the application: rejecting incomplete applications. An application that rovides all of the required information shall be accepted for review and decision. An application omitting any required information shall be deemed to be incomplete and shall not be accepted. 1. Timing of determination ofcomnleteness. The director of planning shall determine whether an application is complete within ten (10) days after the application was received. 2. Procedure if application is incomplete. The director of planning shall inform the applicant in writing of the reasons why the application was rejected as being incomplete. The notice informing the he aapplicant that its application was rejected as being ncomplete shall either be mailed to the applicant by first class mail. if consented to by the developer in writingbby fax or email, or be personally delivered to the applicant. 3. Effect if timely determination not made. If the director of planning does not mail or Dersonall deliver the notice within the ten (10) day period, the application shall be deemed to be complete . rovided that the director may require the applicant to later provide the omitted information within a period specified by the director, and further provided that the director may reject the application as provided herein if the applicant fails to timely provide the omitted information. [GK: Subsection (d) would implement the enabling authority of Virginia Code §§ 15.2- 2286(A)(3) (special use permits and special exceptions) ( "suitable regulations and safeguards ") and 15.2- 2286(A)(4) (administration of the zoning ordinance) and incorporate the concepts recommended by staff as part of the legislative processes changes. Staff recommends that, because the determination of completeness can be such a crucial step in the application process and the timing of an application having to get to public hearing and action, that the requirements be spelled out in the regulations, rather than in administrative guidelines.] e. Payment offees. When an application is determined to be complete, the applicant shall pay the fee required by section 35 before the application is further processed. f. Submittal of application originally determined to be incomplete. Within six (6) months after the date the notice of rejection was mailed, e- mailed, faxed or delivered by the director of planning as provided in section 33.4(d), the applicant may submit the application with all of the information required by section 33.4(b) for a new determination of completeness under section 33.4(dl. [GK: Subsection (f) would implement the broad enabling authority of Virginia Code §§ 15.2- 2286(A)(3) (special use permits and special exceptions) ( "suitable regulations and safeguards ") and 15.2- 2286(A)(4) (administration of the zoning ordinance) and incorporate the concepts recommended by staff as part of the legislative processes changes. Staff recommends that, because the determination of completeness can be such a crucial step in the application process and the timing of an application having to get to public 28 ATTACHMENT B Draft: 05/08/12 hearing and action, that the requirements be spelled out in the regulations, rather than in administrative guidelines.] g. Worksessions and community meetings. For any application, the director of planning shall schedule worksessions before the board of supervisors, the commission, and the architectural review board. if applicable, and community meetings, as he determines to be appropriate. [GK: Subsection (g) would implement the broad enabling authority of Virginia Code §§ 15.2- 2286(A)(3) (special use permits and special exceptions) ( "suitable regulations and safeguards ") and 15.2- 2286(A)(4) (administration of the zoning ordinance) and incorporate recommendations by staff as part of the legislative processes changes.] h. Public hearings. Before the board of supervisors acts on a zoning map amendment or a special use permit. the commission shall hold at least one public hearing before making its recommendation to the board of supervisors on each application and the board of supervisors shall hold at least one public hearing. i. Notice of public hearings. Notice of public hearings shall be provided as follows: 1. Published and mailed notice. Notice of the public hearing before the commission and the board of supervisors on an application shall be provided as required by Virginia Code & 15.2 -2204 and. for zoning map amendments, as also provided by Virginia Code & 15.2- 2285(C). If the application proposes to amend an existing planned development district, written notice of the proposed amendment shall be provided to the owner of each parcel within the planned development district and the substance of that notice shall be as required by Virginia Code & 15.2- 2204(B).para paragraph 1, regardless of the number of parcels affected. 2. Posted notice. Notice of the public hearing before the commission and the board of supervisors on each application shall be posted, as follows: a. When sign must be posted. The sign shall be posted by the zoning administrator at least fifteen (15) days before the commission's public hearing on the application and shall remain posted until the board of supervisors has acted on the application or the application has been withdrawn. b. Where sign to be located. The sign shall be erected within ten (10) feet of whatever boundary line of the parcel(s) abuts a road and shall be so placed as to be clearly visible from the road. If more than one road abuts the parcel(s), then either: (1) a sign shall be erected in the same manner as above for each abutting road: or (2) if the area of the parcel(s) to be used if the application was granted is confined to a particular portion of the parcel(s), a sign erected in the same manner as above for the abutting road that is in closest proximity to, or would be impacted by, the proposed use. A sign need not be posted along Interstate 64 or along any abutting road if the sign would not be visible from that road. If no road abuts the parcel(s), then signs shall be erected in the same manner as above on at least two boundaries of the parcel(s) abutting land not owned by he applicant in locations that are most conspicuous to the public. The filing of the petition or application shall be deemed to grant consent to the zoning administrator to enter the parcel(s) to erect the sj ng s. C. Content ofsivn. Each sign shall state that the parcel(s) is subject to a public hearing and explain how to obtain additional information about the public hearing. 29 ATTACHMENT B Draft: 05/08/12 d. Maintaining the sign. The applicant shall diligently Drotect each sign from vandalism and theft, maintain each sign in an erect position in its posted location, and ensure that each sign remains legible. The failure of an applicant to comply with these responsibilities may be cause for the commission or the board of supervisors to defer action on an application until there is reasonable compliance with this paragraph. e. Ownership ofsign: violation for removing or tampering with sign. Each sign the property of the board of supervisors. It shall be unlawful for any person, except the applicant performing maintenance required by this subsection or the zoning administrator to remove or tamper with any sign. f. Effect of failure to comply. If the requirements of this subsection to post notice are not complied with: 1. Prior to action by board. The board of supervisors may defer taking action on an application if it finds that the failure to comply with this subsection materially deprived the public of reasonable notice of the public hearing. 2. Action not invalid. No action on an application shall be declared invalid solely because of the failure to post notice as required by this subsection or as may have been required under former sections 31.2.4.2 and 33.8. [GK: Subsection (i) would incorporate the requirements of Virginia Code §§ 15.2 -2204, 15.2 -2285 and current section 33.8 and its several subsections. Subsection (i)(1) also would incorporate the mailed notice requirements for amendments to existing planned development districts in current section 8.6.1 i. Time for decision. Each application shall be acted on as follows: 1. By the planning commission. An application shall be acted on by the commission within nine 90) days after the date on which it was officially submitted. The failure of the commission to make a recommendation on the application within the ninety (90) day shall be deemed to be a recommendation of approval unless the applicant requests or consents to the ninety (90) day_ period being extended. 2. By the board ofsupervisors. An application shall be acted on by the board of supervisors within a reasonable period as may be necessary not to exceed twelve (12) months after the date on which the application was officially submitted unless the applicant requests or consents to the twelve 12) month period being extended. 3. Tolling period in which action is required by the commission or the board of supervisors shall be tolled during any period in which the applicant has requested that the review of the application be suspended or the public hearings or action thereon be deferred or continued. 4. Referral. The board of supervisors may refer an application to the commission after the commission has made a recommendation or the application has been deemed to be recommended for approval, provided that further action by the commission and action by the board of supervisors is within the periods provided in this section. [GK: Subsection 0) would incorporate the requirements of Virginia Code § 15.2 -2285 (zoning map amendments), 15.2- 2286(A)(3) (special use permits and special exceptions) ( "suitable regulations and 30 ATTACHMENT B Draft: 05/08/12 safeguards ") and current sections 31.6.2 (special use permits), 31.8 (special exceptions) and 33.5 (zoning map amendments).] k. Withdrawal of application. An application may be withdrawn, or be deemed to be withdrawn, as provided herein: 1. Reauest to withdraw by applicant. An application may be withdrawn upon written reauest by the applicant. The written request must be received by the body considering the application prior to it beginning consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without further action by the commission or the board of supervisors. An applicant may not submit an application that is substantially the same as the withdrawn application within one (1) year of the date of withdrawal unless the body considering the application at the time of withdrawal specifies that the time limitation shall not apply. 2. When application deemed withdrawn. An application shall be deemed to have been voluntaril withdrawn if the applicant requested that further processing or formal action on the application be indefinitely deferred and the commission or the board of supervisors is not requested by the applicant to take action on the application within one (1) year after the date the deferral was requested. Upon written request received by the director of planning before the one (11 year period expires, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed use, the complexity of the review, and the laws in effect at the time the request for extension is made. [GK: Subsection (k) would incorporate the requirements of Virginia Code §§ 15.2 -2285 (zoning map amendments; withdrawal), 15.2- 2286(A)(3) (special use permits and special exceptions) ( "suitable regulations and safeguards "), 15.2- 2286(A)(4) (administration of the zoning ordinance), 15.2- 2286(A)(7) (zoning map amendments; withdrawal) and current sections 31.6.2 (special use permits) and 33.7 (zoning map amendments).] 1. Resubmittal ofsimilar denied application. An applicant may not submit an application that is substantially the same as the denied application within one (1)year after the date of the denial. [GK: Subsection (1) would implement the enabling authority in Virginia Code §§ 15.2- 2286(A)(3) (special use permits and special exceptions) ( "suitable regulations and safeguards"), 15.2-2286(A)(4) (administration of the zoning ordinance), 15.2- 2286(A)(7) (zoning map amendments; "substantially the same petition will not be considered ") and current sections 31.6.2 (special use permits) and 33.6 (zoning map amendments).] M. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(Fl. [GK: Subsection (m) references Virginia Code § 15.2- 2285(F), which is the statute under which challenges to zoning map amendments, special use permits and special exceptions are made.] & 1.9: & 8.5.1 (12- 10 -80: Ord. 03- 18(2), 3- 19 -03: Ord. 09- 18(9), 10 -14 -091: & 8.5.2 (& 8.5.3, 12- 10 -80: Ord. 03- 18(2), 3- 19 -03: Ord. 09-18(9),10-14-09); & 8.5.3 (& 8.5.4,12-10-80; Ord. 03- 18(2).3- 19 -03: Ord. 09- 18(9), 10- 14 -091: & 8.6, Ord. 09- 18(9), 10- 14 -09: & 20A.3 (Ord. 03- 18(2), 3- 19 -03: Ord. 09- 18(9), 10 -14 -091: & 20A.4 (Ord. 03- 18(2), 3- 19 -03: Ord. 09-18(9),10-14-09); & 31.6.2 (& 31.2.4.2, 12- 10 -80, 5 -5 -82, 6- 19 -96: Ord. 01- 18(6), 10- 3-01: & 31.2.4.2.1, 6- 19 -96: & 31.2.4.2.2, 6- 19 -96: Ord. 01-18(6),10-3-01; Ord. 09- 18(3), 7 -1 -091: & 33.5 (& 33.5. 31 ATTACHMENT B Draft: 05/08/12 12- 10 -80: Ord. 03- 18(2), 3 -19 -031: & 33.6 (& 33.6. 12 -10 -80): & 33.7: (& 33.7, 12- 10 -80, 6- 19 -96: Ord. 01- 18(6). 10 -3 -011: & 33.8, 33.8.1, 33.8.2, 33.8.3 (§ 33.8, 12- 10 -80, 6- 19 -96: Ord. 01- 18(6), 10- 3401)1 State law reference — Va. Code && 15.2 -2204. 15.2 -2285. 15.2- 2286(A)(3). (4). (7). (Bl. Sec. 33.5 Uniform procedures for special exceptions Each application for a special exception shall be subject to the followin. a. Matters requiring a special exception. Notwithstanding any other section of this chapter. 1. Any request for a waiver, modification, variation or substitution permitted by this chapter shall be considered and acted upon by the board of supervisors. 2. Anv reauirement for a decision by the commission reauired by this chapter shall be considered and acted upon by the board. For the purposes of this section, a decision by the commission does not include the consideration and action by the commission on a preliminary or final site plan under section 32 of this chapter or any action provided in section 32 enabled under Virginia Code § 15.2- 2242(1). b. Application. Each application for a special exception shall be made and include the information required by the applicable section of this chapter authorizing the waiver, modification, variation or substitution. An application shall be deemed to be officially submitted when the applicant has submitted all of the required information as determined by the director of planning. C. Public hearings. Before the board of supervisors acts on a special exception that would increase b greater than fifty (50) percent of the bulk or height of an existing or proposed building within one -half mile of an adjoining locality, the commission shall hold at least one public hearing before making its recommendation to the board of supervisors and the board of supervisors shall hold at least one public hearing. d. Notice ofpublic hearings. Notice of public hearing before the commission and the board of supervisors on an application for which a public hearing is s required under subsection (c) shall be provided as required by Virginia Code & 15.2- 2204(Cl. [GK: Under Virginia Code § 15.2 -2204, the only special exceptions that require a noticed public hearing are those for the increase in bulk or height described in subsection (c) and those which would allow a change in use, which the County allows only by special use permit.] e. Time for decision. Each application for a special exception shall be acted on by the board of supervisors within ninety (90) days after the date on which it was officially submitted, or concurrently with a zoning map amendment, special use permit, or site plan appeal, whichever is longer. £ Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(Fl. (& 31.8, Ord. 12- 18(1), 2 -8 -121 State law reference — Va. Code S 15.2- 2286(Al(31. 32 ATTACHMENT B Draft: 05/08/12 [GK: This section is enabled by Virginia Code § 15.2- 2286(A)(3) ( "suitable regulations and safeguards ") and would incorporate the procedural requirements of current section 31.8 and adding the notice and public hearing requirements in the limited circumstances provided.] Sec. 33.6 Zoning text amendments and zoning man amendments: relevant factors to be considered: effect of approval A zoning text amendment or a zoning man amendment shall be subject to the following: a. Basis to act. The board of supervisors may amend, supplement, or change the zoning = regulations . district boundaries, or classifications of property whenever the public necessity, convenience, general welfare. or good zoning practice requires. The commission shall consider these bases when making =a recommendation on an application. [GK: Subsection (a) would incorporate the language in Virginia Code § 15.2- 2286(A)(7) stating, essentially, when it is appropriate to amend the zoning ordinance or the zoning map.] b. Factors to be considered when acting. The following factors shall be reasonablv considered by the commission and the board of supervisors when they are reviewing and acting upon zonin tg ext amendments and zoning map amendments: (i) the existing use and character of property: (ii the comprehensive plan: (iii) the suitability of property for various uses: (iv) the trends of growth or change: (v) the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies: (vi) the transportation requirements of the community: (vii) the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services: (viii) the conservation of natural resources: (ix) the preservation of flood plains: (x) the protection of life and property from impounding structure failures: (xi) the preservation of agricultural and forestal land: (xii) the conservation of properties and their values: and (xiii) the encouragement of the most appropriate use of land throughout the county. [GK: Subsection (b) would list the 13 considerations in Virginia Code § 15.2- 2284.1 1. Additional factors to be considered when acting: annlication to establish planned development district. In addition to any other factors relevant to the consideration of a zoning map amendment. including those in subsection (b), the commission and the board of supervisors shall consider the following when reviewing an application to establish a planned development district: (i) whether the proposed planned development satisfies the purpose and intent of the planned development district: (ii) whether the area proposed to be rezoned is appropriate for a planned development under the comprehensive plan: and (iii) the relation of the proposed planned development to major roads, utilities, public facilities and services. [GK: Subsection (b)(1) would incorporate the factors to be considered by the planning commission in current section 8.5.3(b). Note that some of those factors included in current section 8.5.3(b)(2) were not included in subsection (b)(1) because they are already covered in subsection (b).] 2. Additional factors to be considered when acting: annlication to amend existing planned development district. In addition to any other factors relevant to the consideration of a zoning map amendment, including those in subsections (b) and (b)(1), the commission and the board of supervisors shall consider the following when reviewing an application to amend an existing planned development district: (i) whether the proposed amendment reduces, maintains or enhances the elements of a planned development set forth in section 8.3: and (ii) the extent to 33 ATTACHMENT B Draft: 05/08/12 which the proposed amendment impacts the other parcels within the planned development district. [GK: Subsection (b)(2) would incorporate the factors to be considered when amending an existing planned district under current section 8.6(d)] C. Recommendation by planning commission. The commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the board of supervisors, or disapproval. For any application for a zoning map amendment . the commission's recommendation also should include its recommendations on proposed proffers and, for any application to establish or amend a planned development district, its recommendations on the application plan. the standards of development the code of development, and any waivers or modifications requested by the applicant under section 8.2. [GK: Subsection (c) would clarify the role of the planning commission in making its recommendation and it specifically includes the required recommendation in current section 8.5.3(c) regarding planned development waivers and modifications] d. Effect of approval. The board of supervisors' approval of a zoning map amendment shall constitute acceptance of the proffers and also, for any application to establish or amend a planned development district, approval of the application plan, all standards of development. the code of development, and any waivers or modifications it has expressly granted as provided under section 8.2. The zo nin district designation, the accepted proffers, and, if applicable, the approved application plan, standards of development, and code of development, and, if applicable, the granted waivers and modifications, shall be included as part of the zoning = regulations applicable to parcel(s) that were the subject of the zoning man amendment. [GK: Subsection (d) would incorporate the principles and provisions of sections 8.5.3 and 8.5.4(b), but expand them to apply to all zoning map amendments] e. Intensification or increased restrictiveness. No land may be zoned to a more intensive use classification and no proposed regulation may be more restrictive than was contained in the public notice without an additional public hearing after notice required by Virginia Code _&-I 5.2-2204. [GK: Subsection (e) would replace current sections 33.5 and 33.9 and simply follow the language of Virginia Code § 15.2- 2285(C).] & 8.5.3 (& 8.5.4. 12- 10 -80; Ord. 03- 18(2).3- 19 -03; Ord. 09- 18(9). 10 -14 -091: & 8.5.4 (& 8.5.5. 12- 10 -80; Ord. 03- 18(2). 3- 19 -03; Ord. 09- 18(9). 10 -14 -091: & 8.6, Ord. 09- 18(9). 10- 14 -09; & 33.5. 12- 10 -80; Ord. 03- 18(2).3 -19- 03: & 33.9. 12 -10 -801 State law reference — Va. Code H 15.2 -2284. 15.2 -2285. 15.2- 2286(A)(7) . See, 33.7 Owner - initiated zoning map amendments: authority to accept proffers The board of supervisors is authorized to accept proffers pursuant to Virginia Code _&-I 5.2-23 03 in conjunction with owner- initiated zoning map amendments as follows: [GK: Virginia Code § 15.2- 2303(A) provides that the "zoning ordinance may include reasonable regulations and provisions for conditional zoning ...." Virginia Code § 15.2- 2303(G) authorizes zoning 34 ATTACHMENT B Draft: 05/08/12 ordinances to include "reasonable regulations to implement, in whole or in part, the provisions of Virginia Code §§ 15.2 -2296 through 15.2- 2302." This section replaces sections 33.3 and 33.3.1.1 a. Purpose. Proffers are conditions that are intended to provide for the protection of the community that are not generally applicable to land similarly zoned. Accordingly, proffers are reasonable conditions that are in addition to the regulations provided for the zoning district under this chapter. [GK: Subsection (a) would be composed of the two fundamental purposes of proffers stated in Virginia Code §§ 15.2 -2296 and 15.2- 2303(A).] b. Form. Proffers shall be in writing and in a form that is approved by the county attorney. The director of Tanning is authorized to provide applicants with a proffer statement form. [GK: Subsection (b) would incorporate the requirement that proffers be in writing and includes additional "reasonable regulations and provisions," all as provided in Virginia Code § 15.2- 2303(A).] C. Timing ofsubmittal. Proffers. signed by the owner of all Darcels subiect to the zoning man amendment. shall be submitted to the department of community development prior to the public hearing before the board of supervisors on the proposed public hearing. The director of planning is authorized to establish written guidelines that require signed proffers to be submitted a reasonable period of time prior to the public hearing so as to allow the county a reasonable period of time to review the proffers. [GK: The first sentence in subsection (c) states the requirement of Virginia Code § 15.2- 2303(A). The second sentence gives the director of planning the authority to administer the submittal of proffers to allow for their proper review, and the authority for this delegation is found in the board's authority to provide for administering the zoning ordinance under Virginia Code § 15.2- 2286(A)(4).] d. Amendments to proffers afterpublic hearing has begun. The board of supervisors may accept, in its sole discretion, amended proffers once the public hearing on the zoning map amendment has begun if it concludes that the amended proffers do not materially affect the overall proposal. [GK: Subsection (d) would incorporate the authority to accept amended proffers once the public hearing begins as provided in Virginia Code § 15.2- 2303(A).] e. Effect of Proffers once accepted. Once proffered and accepted by the board of supervisors in conjunction with an approved zoning map amendment, the proffers shall continue in effect until a subsequent zoning map amendment changes the zoning of the parcel(s) subject to the proffers: provided that the proffers shall continue in effect if the subsequent zoning map amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. [GK: Subsection (e) would incorporate the effect of accepted proffers as provided in Virginia Code § 15.2 - 2303(A).] £ Subseauent amendments to proffers. Once accented by the board of supervisors in coniunction with an approved zoning map amendment, proffers maybe amended only by an owner - initiated zoning map amendment as provided in sections 33.4. 33.6 and this section. The board of supervisors is authorized to waive. in its sole discretion, the requirement for a public hearing on an application to amend the proffers if it concludes that the proposed amendments do not pertain to use or density. [GK: Subsection (f) would incorporate the authority granted in Virginia Code § 15.2- 2302.] 35 ATTACHMENT B Draft: 05/08/12 ( && 33.3.33.3.1.4 -4- 90.7 -11 -071 State law reference — Va. Code §§ 15.2 -2296, 15.2 -2302, 15.2 -2303. See. 33.8 Special use permits: relevant factors to be considered: conditions: revocation Special use permits shall be subject to the following, a. Factors to be considered when acting. The commission and the board of supervisors shall review each application by considering the following factors. and the board may approve an application if it concludes: 1. No substantial detriment. The proposed special use will not be a substantial detriment to adiacent lots. 2. Character of district unchanged. The character of the district will not be changed by the proposed special use. 3. Harmony. The proposed special use will be in harmony with the purpose and intent of this chanter, with the uses permitted by right in the district, with the regulations provided in section 5 as applicable, and with the public health, safety and general welfare. 4. Consistency with comprehensive plan. The use will be consistent with the comprehensive plan. [GK: Subsection (a) would incorporate what is now in section 31.6.1, with a couple of changes. Current section 31.6.1 refers to "findings," and that term is changed to "factors" in this draft since special use permits are legislative actions, and consistency with the comprehensive plan is added as a factor to be considered since it is always part of staffs analysis.] b. Conditions. The board of supervisors may impose conditions upon the special use to address impacts arising from the use in order to protect the public health, safety welfare. The conditions may pertain to but are not limited to, the following: 1. The prevention or minimization of smoke, dust, noise, traffic congestion, flood and/or other hazardous, deleterious or otherwise undesirable substances or conditions. 2. The provision of adequate police and fire protection. 3. The provision of adeauate improvements pertaining to transportation. water. sewage. drainage recreation, landscaping and/or screening or buffering. 4. The establishment of special requirements relating to building setbacks, front, side and rear a off - street parking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building heights, and other particular aspects of occupancy or use. 5. The period by which the use must begin or the construction of any structure required for the use must commence. 6. The materials and methods of construction or specific design features, provided such a condition for residential uses shall comply with subsection (cl. 36 ATTACHMENT B Draft: 05/08/12 [GK: Subsection (b) would incorporate current section 31.6.3 and the commencement of the use /structure portion of section 31.6.4. Subsection (b)(6) is an exception to the Virginia Uniform Statewide Building Code but is subject to the considerations delineated in subsection (c) as required by by Virginia Code § 15.2 - 2286(A)(3).] C. Conditions related to residential uses. Conditions imposed in connection with residential special use permits: (i) shall be consistent with the objective of providing affordable housing if the applicant proposes affordable housing; and (ii) shall consider the impact of the conditions on the affordability of housing where the conditions specify the materials and methods of construction or specific design features. [GK: This subsection would incorporate the requirements of Virginia Code § 15.2- 2286(A)(3)] d. Conditions deemed to be essential and nonseverable. Except as the board of supervisors may specify in a particular case, any condition imposed on a special use shall be deemed to be essential and nonseverable from the permit itself and any condition determined to be invalid, void or unlawful shall invalidate the special use permit. [GK: This section would continue a portion of current section 31.6.31 e. Recommendation by planning commission. The commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the board of supervisors, or disapproval. The commission's recommendation should include its recommendations on the proposed conditions. f. Revocation for noncompliance with conditions. A special use permit may be revoked by the board of supervisors after a public hearing if the board determines that there has not been compliance with the conditions of the permit. Notice of the public hearing shall be as provided in Virginia Code & 15.2 -2204 provided that the written notice provide by the board of supervisors to the owners, their agents, or the occupants of abutting parcels and parcels immediately across the street from the parcel(s) subject to the special use permit, the board of supervisors may be given by first -class mail rather than by registered or certified mail. [GK: Subsection (f) would incorporate the revocation portion of current section 31.6.4, which is enabled by Virginia Code § 15.2- 2309(7) (which is part of the BZA enabling authority, though it includes enabling authority to local governing bodies as well). This subsection does not include the requirement that the noncompliance be "willful" because it is not required by the statute. "Willfull" generally means knowingly or purposely, or with an intent to do wrong. The term is more commonly used in criminal statutes, which is how the County generally enforced its zoning regulations when this regulation was last substantively revised. Also note that revoking a special use permit for noncompliance with a condition has been rarely used.] (& 31.6.1 (& 31.2.4.1, 12- 10 -80; Ord. 09- 18(3), 7- 1 -09); & 31.6.3 (§ 31.2.4.3, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01; Ord. 09- 18(3), 7- 1 -09); & 31.6.4 (& 31.2.4.4. 12- 10 -80; Ord. 01- 18(6), 10 -3 -01; Ord. 09- 18(3).7 -1 -0911 State law reference — Va. Code &S 15.2- 2286(A)(3). 15.2- 2309(71. Sec. 33.9 Special exceptions: relevant factors to be considered: conditions Special exceptions shall be subject to the following: 37 ATTACHMENT B Draft: 05/08/12 a. Factors to be considered when acting. In actine upon a special exception. the board of supervisors shall consider the factors, standards, criteria, and findings, however denominated, in the applicable sections of this chapter, provided that the board shall not be required to make specific findings in support of its decision. b. Conditions. In approving a special exception, the board of supervisors may impose reasonable conditions to address any possible impacts of the special exception. C. Recommendation by planning commission. For those applications considered by the commission, the commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the board of supervisors, or disapproval. The commission's recommendation should include its recommendations on the proposed conditions. 31.8. Ord. 12- 18(1).2 -8 -12 [GK: This section would incorporate the bulk of the regulations in current section 31.8, with the application portion moved to section 33.5, and it has been kept as simple as possible.] Sec. 34.4 Application for variances hureau Any owner may apply for a variance. Sueh The application shall be made to the zoning administrator in accordance with the provisions of this section and with rules adopted by the board of zoning appeals. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board of zoning appeals who shall place the matter on the docket to be acted on by the board of zoning appeals. No stwk variance shall be authorized except after notice and hearing is provided as required by seetie 2204 of the Code Virginia Code & 15.2 -2204. appheation to the eemmission w-hieh may send a r-eeemmendation to the board of zoning appeals or- appear- as -a patty at the he°^„^. The owner shall provide satisfactory evidence that any delinquent real estate taxes owed to the county which have been properly assessed against the subject property have been paid. (§ 34.4, 12- 10 -80) State law reference — Va. Code && 15.2- 2286(Bl. 15.2 -2309. [GK: This section would be amended to add what is now in section 1.9 pertaining to the payment of delinquent taxes, and is enabled by Virginia Code § 15.2- 2286(B). Other changes would also be made to this section to bring it up to date. The section will be more comprehensively amended as part of the future comprehensive revisions to Section 34. ] 38 ATTACHMENT B Draft: 05/08/12 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 Ave Nay Mr. Boyd Mr. Dumler Ms. Mallek Mr. Rooker Mr. Snow Mr. Thomas Clerk, Board of County Supervisors M ATTACHMENT C Legislative Review Process Changes I. Exploratory /Information gathering meetings and pre - application meetings A. Held each Monday afternoon the County Office Building is open B. One hour slots in each of two (2) meeting rooms beginning at 2:00, 3:00 and 4:00 II. Exploratory /Information gathering meeting A. Optional B. Scheduled by staff upon written, e-mail or verbal request III. Pre - application meeting A. Reauired prior to aoplication submittal whether or not an exploratory meetina has been held B. Pre -app form completed by applicant and submitted to schedule pre -app meeting, which inrlurlac 1. Property boundaries (tax map or plat) 2. Description of proposal being considered, including uses, scope and scale of development 3. Current use of property — description or graphic 4. Use of adioining property - description or graphic 5. Infrastructure serving site (i.e. roads, water, sewer) - description or graphic 6. Environmental features - description or graphic 7. Conceptual plan can be provided in lieu of description(s) C. After submittal of pre -app form, staff schedules pre -app meeting D. After pre -app meeting, staff completes pre -app comment form and provides to applicant within (10) days 1. Includes checklist of information required for application submittal 2. Includes requirement(s) for plan of development, 527 Traffic Study and other special studies or documentation if determined applicable E. If the applicant so desires, a follow -up meeting with staff can be scheduled to clarify any pre -app form comments before making application F. If the applicant so desires, a pre - application work session can be scheduled with the Planning Commission 1. Applicant is provided an action memo after the work session detailing Planning Commission expectations IV. Application requirements A. Addresses expectations, including those based on staff pre -app comment form/pre- application meeting with Planning Commission (if applicable) 1. Project proposal , including public need or benefit — narrative 2. Consistency with Comp Plan — narrative 3. Impact on public facilities /infrastructure — narrative 4. 1 mpact on environmental features — narrative 5. Proffers to address impacts — narrative 6. Map showing a) Regional context b) Existing physical conditions (natural and manmade) 7. Plan of development (if applicable) showing a) Street network /cross- sections /circulation b) Pedestrian /bicycle facilities C) Building envelopes d) Parking envelopes e) Public spaces /amenities f) Conservation /preservation areas g) Conceptual stormwater detention facility locations h) Conceptual grading i) Use table (1) Use types (2) # DUs (3) Non - residential sq ft (4) Bldg. stories /heights (5) Build -to lines /setbacks /yards (6) Other features 8. Section 527 Traffic Study (if applicable) 9. Other special studies or documentation (if applicable) 10. Anv other information identified as necessary on the are -aap comment form 11. Recorded plat with metes and bounds (boundary survey if portion of parcel) 12. Ownership verification 13. Applicant authorized signatures B. Application submittals 3rd Monday of each month C. Fee not paid with submittal — applications QC'ed for completeness to accept for review D. Applicant notified within (10) days of acceptance /reiection 1. If accepted a) Fee must be paid within 5 business days of notice of acceptance to activate review during that application submittal review period b) Review begins 16 days after application submittal date if fee paid within 5 business days C) If fee not paid within 5 business days, review does not begin until 16 days after the next submittal date for which fee is paid 2. If not accepted a) Checklist of missing information provided b) Eligible to reapply with required information as early as the following month's submittal date C) New pre -app meeting not required, but a follow -up meeting with staff can be scheduled before re- applying if the applicant so desires V. Continue with current process schedule and rules regarding resubmittals, scheduling work session /public hearings and deferrals A. Review begins 16 days after application submittal date for which fee is paid (Day 1 of 90 Days) B. 1st comment letter 46 days after application submittal date for which fee is paid (30 days after review begins) C. Planning Commission work session (optional in lieu of 1st comment letter) no sooner than 57 days after application submittal date for which fee is paid (41 days after review begins) D. Planning Commission public hearing (no resubmittal) no sooner than 71 days after application submittal date for which fee is paid (55 days after review begins), but no later than 106 days after application submittal date for which fee is paid (90 days after review begins) E. Resubmittals 1s' and 3rd Mondays of each month F. Staff review of resubmittals focused on how the applicant addressed prior staff comments; no new issues will be raised by staff unless new information /changes to proposal not requested by staff are provided by applicant G. Planning Commission public hearing no sooner than 57 days after any resubmittal H. 2nd resubmittal and beyond have a resubmittal fee I. Applicant may request no more than one deferral of the PC public hearing once their project has been advertised for public hearing J. Once Planning Commission public hearing is held and action is taken making a recommendation to the Board of Supervisors, a Board public hearing will not be scheduled until final changes to the project proposal, including final proffers, are made and submitted on a resubmittal date K. No further staff review after final submittal for Board of Supervisors public hearing; Board public hearing not advertised until after final submittal Vl. Community meetings A. Applicant sponsored and required after submittal (optional before submittal); must be held within 46 days of application submittal date for which fee is paid B. Staff attends required meeting to observe and answer process and policy questions VII. Codify basic requirements for pre -apps, applications and community meetings, but allow administrative policies to establish more detailed application expectations and review procedures THOSE ASPECTS OF THE PROCESS THAT ARE NEW ARE SHOWN IN UNDERLINED ITALICS ATTACHMENT F PRE - APPLICATION PROCESS - PROCESS CONCEPT OUTLINE Exploratory /Information Gathering Meetings • Anticipate will continue to be regularly used by prospective applicants and staff to exchange information regarding proposals and review processes. • Anticipate will be held prior to scheduling of a required pre - application meeting to determine if the scope, scale and complexity of the prospective project requires a pre -app meeting. Also provides opportunity to determine if applicant desires a pre - application work session with the Planning Commission. Required Pre - Application Meeting • It is anticipated that for some prospective projects it will be determined during the exploratory /information gathering meetings that a pre -app meeting will not be required when: - The scope /level of complexity does not warrant the required pre -app meeting. - The exploratory /info gathering meetings will have provided the opportunity to exchange relevant information prior to application submittal. • Necessary for newly proposed Planned Development, ZMAs /SPs that create a significant change in land use intensity or otherwise could have significant or unique impacts to the community or significant resources. • Timed to take be scheduled when the location, concept and scope of the project are known and the applicant is working on a specific application for submittal. • It is estimated that the required pre -app meeting process will take about 25 days from request for meeting to distribution of written comments after meeting; time needed for: - Submittal of pre -app material from applicant approximately 2 weeks before pre -app meeting. - Distribution of information from applicant to relevant reviewing departments and agencies for review prior to pre -app meeting. - Hold meeting on Monday afternoons (as currently). - Allow time for review /response to any follow -up questions from meeting. Revise /finalize comments as necessary and forward to applicant (no more than 10 days after meeting); • Information to be provided by applicant: - Completed pre -app checklist as provided by County. - Narrative of the proposal describing the proposed use, density /intensity of development, location and size of property, etc. - If determined necessary for staff to provide appropriate guidance, sketch plan of project showing very basic generalized layout of proposed development (build and no- build areas, road access points, etc.). Information provided will depend on project scope. Community Meetings • To inform the community about the project, County policies related to the project, the review process and allow for dialogue (questions /comments on project). • The need for community meetings will be determined in the pre -app process. • It is anticipated that some projects, particularly in the Rural Areas, will not need a community meeting. • Need for community meeting based on complexity of project, potential impacts to area (major changes to land use, traffic patterns, etc.). • May be waived if there are no major issues relevant to neighborhood /area or community meetings or the equivalent have already been held. • May utilize Master Plan Citizen Advisory Councils for neighborhood meeting /meeting location with notification of adjacent property owners and appropriate HOAs or neighborhood association. Attachment C Improving the Development Review Process for Legislative Applications In Albemarle County September 1, 2010 First, legislative zoning (rezonings and special use permits) is a discretionary act where the Board is the deciding body. This discretion allows the Board to consider the unique set of circumstances with each application and approve or deny any application based on whether the Board believes the impacts from the development are being addressed. While the County has established policies for these applications, the Board is not obligated to follow those policies. For example, in considering the downstream drainage impacts with a rezoning, the Board may deny an application if they believe the drainage impacts will harm downstream properties or receiving waters. If the same issue is considered with a site plan (a ministerial process), the application must be approved if the ordinance requirements are satisfied, regardless of whether it is felt that all impacts have been addressed. The former has significant discretion while the site plan has none. Proffers may be used to help address Board concerns with a rezoning and conditions can be required as part of a special use permit to address the impacts. Proffers or conditions are not used with a site plan. Second, staff, the Planning Commission and the Board each has a unique role in considering a legislative application. Staff's role is to advise as to consistency with established policy (e.g. Comprehensive Plan) and help identify possible neighborhood concerns. The Planning Commission's role is to consider the input from staff and the public, then provide the Board a recommendation that attempts to balance County policy, community concerns, and the applicant's interest. The Board then reviews this information and determines whether the application should be approved or denied noting approval may require an applicant to provide additional proffers for impacts. For example, the Board could consider the fiscal impact of a project to be a larger concern than the Planning Commission, necessitating a closer look at how the project addresses this impact. Third, the applicant's interest and the County's interest often diverge in considering a legislative application. For example, a proffer addressing the downstream drainage impacts may satisfy County concerns, but those measures almost always increase the developer's cost and reduce their profit. This often leads developers to view the rezoning process as a negotiation where they are attempting to maximize their profitability and the County is trying to assure community impacts are being adequately addressed. Planning Commissioners and Supervisors have been frustrated with this process, noting applicants who only partially address their expectations. Developers have been frustrated with this process, using words such as "extorted" or "coerced" to refer to proffers needed for County approval. Both situations reflect the divergent interests. With the above background, we can consider how this process may be improved. Improvements to any process typically focus on reducing the time, cost, and uncertainty in the process, while assuring the process still accomplishes its purpose. In the case of legislative zoning applications, we can focus on four variables. Those are: 1) Review efficiency, 2) Number of review issues, 3) Review standards (expected development quality), and 4) Number of people who must agree to reach a decision. Over Attachment C the last 20 years, Albemarle County has repeatedly examined its legislative review process, but almost exclusively focused on one variable, review efficiency. The last Board directed efforts that considered this question were the Development Review Process Task Force ( DRPTF) and the Resource Management Study. In both cases, the focus was on review efficiency and excluded consideration of review standards or number of review issues. At this point, the DRPTF priorities have been largely implemented and the Resource Management Study didn't identify any additional improvements to review efficiency. With that background, I'll share my perspective on applying each of the variables to the legislative review process. 1. Review Efficiency - Review efficiency is simply considering how we are processing the application with the assumption that the existing requirements are appropriate. The more efficient the review, the easier it is to reach approval. I believe past efforts have focused on review efficiency because it is the least controversial to address rather than as a result of having identified it as the critical variable. It is also my opinion that while there is still room for improvement, we are approaching the point at which the Law of Diminishing Returns comes into play. Future improvements will require larger efforts for smaller gains and those gains will be "tuning" the process rather than modifying the process. 2. Number of Review Issues - The number of review issues is the simplest variable to understand. The fewer issues that are considered in the review, the easier it is to reach approval. This can be easily demonstrated by an analogy. Consider a rezoning approval to be equivalent to a take -home exam where you must correctly answer every question to pass. You are free to resubmit your test answers as many times as you wish and will be told which questions you incorrectly answered, but you must correctly answer every question to pass. Now, let's assume you are good student and can correctly answer any question 90% of the time. If there is only 1 question (1 review issue), you should pass on the first submission 9 out of 10 times. If there are 10 questions, you should pass on the first submission 1 out of 3 times. If there are 100 questions, you should pass on the first submission approximately 1 out of 38,000 times (effectively never) and it would usually require at least 3 submissions to pass. If you were a "B" student who correctly answered 80% of the questions, it could easily take you 6 submissions to pass a test with 100 questions. You can see the difficulty of reaching approval increases exponentially as the number of review issues increases. This is the proverbial straw that breaks the camel's back. No single review issue is onerous or an unreasonable new expectation, but the cumulative effect of those review issues makes approval a complex exercise. While reducing the number of review issues would reduce time and costs, we should remember that each review issue originated as a concern expressed to Supervisors or Planning Commissioners. Those concerns are then translated into an expectation for future reviews, meaning the complexity continues to increase. Once established as a review issue, it becomes almost impossible to say a concern is no longer important. 3. Review Standards - The next development review variable to consider is the quality expected for each review issue. The lower the minimum quality, the easier it is to reach approval. Acceptable quality can be measured by a well defined standard or require a judgment decision that depends on the circumstance. Needless to say, time and uncertainty (which translates to Attachment C cost) dramatically increase when a decision requires judgment. That is easy to understand with the previous analogy where one test is multiple choice and one test is an essay. It is much more complicated to grade the essay test. To illustrate with a rezoning, consider downstream drainage impacts, which are routinely considered with both site plans (by- right) and rezoning (discretionary). For the site plan, we rely on a defined minimum standard that is an ordinance requirement. A developer may complain about the cost of satisfying that requirement, but the standard is known before they even preparing an application. Time and frustration only become an issue when the developer attempts to cut corners on the requirement in order to reduce construction costs. In considering downstream drainage impacts with a rezoning, the Board applies case by case judgment rather than a defined standard. The decision focuses on whether the project is doing everything considered reasonably appropriate to address the County's expectation for this particular situation. Conversely, we may hear complaints with a site plan that the standard was set too low. Putting this in the colloquial, the site plan is a "good enough" standard while the rezoning has a "good as it can be" standard. Applying the goal of reducing time and costs to this, we would focus on assuring the appropriate standard for downstream drainage in our County Code, then remove downstream drainage impacts as a consideration with a rezoning. This eliminates a double standard for rezoned property versus "by right" and simplifies the rezoning process. That said, there will remain a large number of review issues with a rezoning that either cannot be addressed with a site plan or the County has not elected to create this requirement. An example of the former would be offsite road improvements. An example of the latter would be historic resource protection. 4. Number of decision makers - The final variable to consider is the number of people involved in the approval. The fewer the people involved in the decision, the easier it is to reach a decision. Legislative reviews are mandated to involve a large number of people. It requires a review and recommendation by the Planning Commission (7 people), followed by an approval by the Board (6 people). An easy way to illustrate what this means is to once again consider downstream drainage impacts. For a site plan, an engineering reviewer looks at the plan, does a site visit to verify conditions, and then approves the plan or notes what is needed to approve the plan based on the defined ordinance criteria. The decision requires one person and perhaps 4 hours of time. For the same issue with a rezoning, an engineering reviewer might go through the following steps: 1) Review the plan, 2) complete a site visit to verify conditions, 3) hear neighborhood concerns, 4) provide an analysis of what can be done, 5) meet with the developer and lead planner to consider those options, 6) draft a recommendation for the Planning Commission, 7) attend a Planning Commission work session and help the seven commissioners find agreement, 8) meet again with the developer to find a way to address any remaining Planning Commission concerns, 9) prepare a revised recommendation for the Planning Commission's public hearing, 10) attend the Planning Commission public hearing to answer questions, 11) meet again with the developer to draft an appropriate proffer, 12) review the draft proffer with the County Attorney, 13) verify the final proffer addresses the concerns, and 14) attend the Board public hearing. The decision of whether this proffer is acceptable now falls on the six Board members, who may or may not share the same perspective as staff. Presuming the rezoning is approved without any additional work, the reviewer then evaluates the subsequent site plan against the proffer. If the proffer language is unique to this project, there Attachment C are often questions, which lead to additional meetings with the Zoning Administrator and County Attorney's office, followed by additional plan changes. All together, addressing this issue in a rezoning may require up to 100 hours of staff time. This same type of scenario can be applied to any other review issue. With the above, we can appreciate the complexity of making significant changes to the legislative review process. • Review efficiency has largely been addressed. Additional gains can be made by improving the application checklists and clarifying expectations, but those improvements will yield marginal improvements with respect to time and costs. • The number of review issues is a reflection of constituent concerns. While reducing the number of considered issues would reduce time, costs and uncertainty, each issue has a constituency that advocated for including it in the process. We can find improvement by shifting issues to the site plan and subdivision processes, but we must accept that the ordinance standard reflects minimum quality standards and we will see individual cases where that standard could be considered too low. • The review standards reflect a community expectation for the quality of development. Reductions in the time, cost, and uncertainty can be found by allowing issues to be addressed as part of site plans and subdivisions rather than the rezoning or special use permit. As stated above, it must be recognized that nothing more than the ordinance standard can be required of by -right development. • The decision makers and how they consider an application are mandated by the State. This process cannot be changed. However, the Board and Planning Commission are given broad discretion in how they approach each application. For example, the Board is not required to defer projects. While the County has a tradition of deferring projects to give applicants an additional chance to satisfy expectations, the County could approve or deny projects, noting their expectations have or have not been adequately addressed. Go to next attachment Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Zoning and Subdivision Ordinance Amendments — Legislative, Site Plan and Subdivision Review Processes SUBJECT /PROPOSAL /REQUEST: Resolutions of Intent STAFF CONTACT(S): Cilimberg, Fritz and Kamptner AGENDA DATE: November 29, 2011 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes BACKGROUND: On August 3, 2011, the Planning Commission met jointly with the Board of Supervisors and Architectural Review Board to receive staff information and discuss the legislative, site plan and subdivision review processes. At the conclusion of the work session, the consensus of the Board regarding the legislative process was as follows: A. A pre - application conference is to be required prior to application submittal B. A pre - application form is to be completed by the applicant and submitted before scheduling the pre - application conference C. Staff completes the pre - application comment form and provides it to the applicant within 7 days of submittal D. The application form will address expectations, including those based on the staff pre - application comment form E. Fee is not paid with submittal — applications are to be reviewed for completeness before acceptance F. Applicant is to be notified within 7 days of acceptance /rejection 1. If the application is accepted: a) The fee must be paid within 5 business days of the notice of acceptance to activate the review during that application submittal review period b) If the fee is not paid within 5 business days the review does not begin until the next submittal date after the fee is paid 2. If the application is rejected: a) A checklist of missing information is provided by staff to the applicant b) The applicant is eligible to reapply with the required information as early as the following month's submittal date c) A new pre - application conference is not required, but a follow -up meeting with staff can be scheduled before re- applying if the applicant so desires G. Community meetings: 1. Would be applicant- sponsored and required after the application is submitted to provide public information about the project; community meetings must be held within 46 days of the application submittal date for which the fee is paid 2. Staff attends the community meeting to observe and answer process and policy questions The consensus of the Board regarding the site plan and subdivision processes was as follows: Plats and plans should be subject to agent approval instead of PC approval with no right for them to be called up for review by the PC. The ARB should review projects in Entrance Corridor Districts prior to preliminary approval. In addition, the Board agreed with the following regarding process: A. Pre - application submittal with review in 10 days to determine main issues and required waivers. B. Reduced plan content to minimum necessary for review. C. Public notified of Site Review Meeting and asked to attend and provide comment. D. Establish clearer submittal requirements for the final site plan. E. Establish that any comment not responded to within 6 months deems the project withdrawn. F. Allow the issuance of grading permits with the approval of the initial (preliminary site plan). DISCUSSION: Resolutions of Intent are necessary to bring forward ordinance amendments reflecting the Board's consensus for consideration by the Planning Commission. Therefore, staff is asking the Planning Commission to pass Resolutions of Intent to specifically cover consideration of changes to these provisions. RECOMMENDATION: Adopt the attached Resolutions of Intent (Attachments A, B and C) and proceed to work session with Planning Commission in early 2012. ATTACHMENTS: A - Zoning Ordinance Resolution of Intent — Legislative Reviews B - Zoning Ordinance Resolution of Intent — Site Plan Reviews C - Subdivision Ordinance Resolution of Intent RESOLUTION OF INTENT WHEREAS, the Albemarle County Subdivision Ordinance includes regulations pertaining to the procedures for the review of applications for subdivision plats; and WHEREAS, in order to improve quality and efficiency in the application and review processes for subdivision plats, it may be desirable to amend the regulations in the Subdivision Ordinance pertaining to the application requirements and the review procedures for preliminary and final subdivision plats and to provide for dormant applications to be deemed withdrawn. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good land development practices, the Albemarle County Planning Commission hereby adopts a resolution of intent to amend Albemarle County Code § § 14 -209 et seq. and 14 -213 et seq. and any other sections of the Subdivision Ordinance deemed appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA201200006 Process Improvements SUBJECT /PROPOSAL /REQUEST: Changes to the legislative review process (re- zonings and special use permits) STAFF CONTACT(S): Graham, Kamptner and Cilimberg BACKGROUND: AGENDA DATE: December 5, 2012 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes During the work of the Board appointed Development Review Task Force which delivered its recommendations in May of 2007, several primary interests of applicants, staff and decision makers, and the public regarding process were evident: • Applicants want clarity in what is expected of them, consistency in review and reasonable predictability. • Staff wants applications that contain the information necessary to provide a complete and comprehensive review from the beginning. • The public wants to be informed as to project proposals and relevant County policies. • All parties want reliability in the decision - making timeframe. More than two years ago, in adopting its Economic Vitality Action Plan, the Board of Supervisors asked that recommended changes for legislative applications (e.g. rezoning, special use permits) be presented with the objective of simplifying and creating certainty in the development review process. Staff subsequently identified initiatives intended to help reduce time and cost which the Board concurred with on September 1, 2010: • Codify expectations as application requirements. • Codify the requirement for a pre - application conference. • Formalize a community meeting process. • By policy, avoid indefinite deferrals. On August 3, 2011, following a joint work session with the Planning Commission and Architectural Review Board, the Board endorsed pursuing legislative process amendments to accomplish these initiatives as follows: • A pre - application meeting is to be required prior to application submittal • A pre - application form is to be completed by the applicant and submitted before scheduling the pre - application meeting • Staff completes a pre - application comment form and provides it to the applicant within a specified number of days of the pre -app meeting • The application submittal form will address expectations, including those based on the staff pre - application comment form • Fee is not paid with submittal — applications are to be reviewed for completeness before acceptance • Applicant is to be notified within a specified number of days of acceptance /rejection 1. If the application is accepted: a) The fee must be paid within 5 business days of the notice of acceptance to activate the review during that application submittal review period b) If the fee is not paid within 5 business days the review does not begin until the next submittal date after the fee is paid 2. If the application is rejected: a) A checklist of missing information is provided by staff to the applicant 1 b) The applicant is eligible to reapply with the required information as early as the following month's submittal date c) A new pre - application conference is not required, but a follow -up meeting with staff can be scheduled before re- applying if the applicant so desires Community meetings: 1. Would be applicant- sponsored and required after the application is submitted to provide public information about the project; community meetings must be held within 46 days of the application submittal date for which the fee is paid 2. Staff attends the community meeting to observe and answer process and policy questions On November 29, 2011, the Planning Commission adopted a resolution of intent (Attachment A) for the legislative process zoning text amendments reflecting this Board direction provided at the August joint work session. On May 15, 2012, the Planning Commission held a work session on draft amendments and directed staff to schedule a public hearing with updated ordinance language after conducting public outreach to obtain comments from the development community. A roundtable was held on June 20, 2012 which was attended by approximately 18 people. (See Summary, Attachment B) On August 21, 2012, the Planning Commission held a public hearing on this zoning text amendment. The Planning Commission deferred action until October 23, 2012 with direction to staff to address and respond to the comments raised by the public and Commissioners, as noted in the discussion section below. On October 23, 2012, the Planning Commission recommended approval (Attachment C) of ZT201200006. DISCUSSION: Staff believes the proposed amendments provided in Attachment D reflect the legislative process changes presented by staff and endorsed by the Board of Supervisors on August 3, 2011. The following matters in bold were raised by the Commission during their review of this ZTA. Staff's response follows each: Define purpose and intent for and further describe the pre -app meeting and the community meeting. Section 33.4 a. of the proposed zoning text amendment (Attachment D) authorizes the requirement for a pre - app meeting and provides both the purposes for the meeting and the factors to consider in requiring the meeting. The pre - application process is intended to provide the potential applicant and staff a common understanding of the proposed project, provide feedback to the applicant as to a project's consistency with the Comprehensive Plan, other relevant policies and ordinance provisions, broadly identify potential issues that may need to be addressed by the applicant and confirm the information that will need to be submitted with the actual application for staff to undertake a full and comprehensive initial review of the project. Particularly for larger and /or more complex projects, it is anticipated that this pre -app process will result in applications that provide for a much more substantive initial 46 day staff review than has been occurring and, subsequently, reduce the iterations of re- submittals. This pre -app process also provides an opportunity to address a Development Review Task Force recommendation, endorsed by the Board of Supervisors on May 2, 2007, for a two phase zoning map amendment process in which the initial phase is focused on a project's "big picture" considerations and issues. Section 33.4 j. of the proposed zoning text amendment (Attachment D) authorizes the requirement for a community meeting and provides the purposes for the meeting, factors to consider in requiring the meeting, promulgation of guidelines for a meeting and when an applicant's consent for a meeting is required. The community meeting has consistently been encouraged by staff for many projects and has proven to be invaluable on projects such as Biscuit Run. It is intended to provide the public an opportunity to receive information about a project proposal and the applicable County policies, regulations and review process. There is not an expectation that the applicant will revise their proposal based on public questions and comments, but the applicant can certainly do so at their discretion. While it is anticipated that this meeting would occur during the first review period after application submittal, the applicant may choose to hold such a meeting before the application is made and a subsequent meeting after application may be determined to be unnecessary. In its recommendation of approval of this ZTA, the Commission requested that these purposes of the pre -app meeting and community meeting be further detailed in the ordinance language. Additional language has been added to Sections 33.4 a. and 33.4 j. (see Attachment D). 2 • Work with the definitions on density to make sure they do not change what we currently allow. Upon further consideration, the County Attorney has advised that further research into judicial decisions regarding density is advisable and that no changes should be made at this time. • Address what kind of supporting mechanisms the county needs to develop to make sure the public and the applicants are able to understand the pre app process. Staff has further outlined the process concepts in Attachment F, including assistance to applicants in determining what is necessary and timelines. More specific standard operating procedures will need to be developed and guidance for this process posted on the Department webpage. It is for this reason that staff is recommending an implementation date for these ordinance changes of April 1, 2013. • Further address the numbers of days before the PC meeting that signs are posted. Section 33.4 m.2.a. of the proposed zoning text amendment (Attachment D) requires posting of the sign at least 21 days before the Planning Commission's public hearing. However, Section 33.4 j.3., guidelines for community meetings, authorizes the director of planning to include the requirement for posting before community meetings are held. Elaborate on the role of the work session. Work sessions, for the benefit of the applicant and completely at their discretion, provide an opportunity to present project proposals to the Planning Commission and /or Board of Supervisors with staff analysis of major issues, seek direction from the Commission and /or Board on their expectations in response to those issues and provide the applicant, staff and Commission and /or Board the benefit of public comment. There are two alternative processes for work sessions, both of which have been practiced over the last several years. One is the pre - application work session with the Planning Commission which, consistent with Development Review Task Force recommendation for a two phase zoning map amendment process, is focused on a project's "big picture" considerations and issues, occurs before an application is made with the County and has no fee. The level of review is similar to that of a Comprehensive Plan compliance review for public projects and provides policy level guidance to potential applicants. The second process, more frequently used, occurs after an application is made and is typically held with the Commission at the end of the initial 46 day staff review and /or with the Board after Commission action. It is more particular to the more significant project proposals and associated issues. In its recommendation of approval of this ZTA, the Commission requested that these purposes of the work session be further detailed in the ordinance language. Additional language has been added to Sections 33.4 i. (see Attachment D). Hold small business roundtable meeting. Staff invited 18 small business and one time applicants from over the last two years to a meeting on October 8th. Only one applicant attended, but provided very honest and valuable input regarding experiences with our current process and recommendations for improvement. They particularly focused on the extreme importance of getting a clear understanding of the potential issues they might face with their proposal and guidance as to what information will be important to submit as it can carry considerable weight in deciding whether to invest time and money in a project. Of particular concern is making an application and then having new issues arise during its review. The importance of internal staff communication regarding all potential issues was stressed. In addition to the meeting, staff also received one written communication from an invitee expressing a positive experience in the review process, but concerns about the guidance through the procedures necessary to establish the use after Board approval. Further clarify the intent to make application plans a requirement only for PUDs and further clarify the requirements for plans of development. Section 33.4 b.2. of the proposed zoning text amendment (Attachment D), which pertains generally to zoning map amendments and special use permits, stipulates that the supplemental information noted in Section 33.4 c. may be required and notes factors to be considered by the director of planning in making the determination. Section 33.4 b.3., which pertains only to amendments to establish planned development districts, stipulates that all supplemental information noted in Section 33.4 c. is required. Section 33.4 c. also differentiates between the content for conceptual plans, which may be required for zoning map amendments for conventional districts and special use permits, and the content for application plans, which is required for amendments for planned development districts. • Elaborate on the role of the ARB in the process. Staff of the ARB have and would continue to review and provide comment on legislative reviews in the Entrance Corridor. As with all reviewers, the role of ARB staff review is advisory. The ARB can be consulted by staff or the applicant, or request review of a project, but once again any comments they provide are advisory. An applicant is under no obligation to have a project appear before the ARB in the legislative process, but can request to do so if they so choose. In addition to addressing the August 3, 2011 expectations of the Board of Supervisors, staff believes the proposed amendments provided in Attachment D address the Planning Commission's expectations in recommending approval of these amendments and are consistent with the following relevant goals in making changes in the legislative review process: • Create a value -added process for both the applicant and staff keeping in mind that time is money for both parties. • Provide clear expectations — it will be the responsibility of staff to tell the applicant what is required in an application and the applicant is responsible for providing it. • Reduce iterations of re- submittal — it will be the responsibility of staff to provide complete, clear and unchanging comments of what is required for a project to be acceptable and the applicant's responsibility to provide it. • Get decisions made — avoid deferrals. Provided applicable criteria and expectations are met, the project has the best chance for approval and should have a clear path to a Board decision; should there not be full agreement as to applicable criteria and expectations, the project should be scheduled for public hearing. RECOMMENDATION: Staff and the Planning Commission recommend that following its public hearing the Board of Supervisors adopt ZTA201200006 (Attachment D) with an effective date of April 1, 2013. ATTACHMENTS A- November 29, 2011 Resolution of Intent B- June 20, 2012 Roundtable Summary C- October 23, 2012 Planning Commission Action D- Ordinance Amendments E- Flowchart of Proposed Process F- Pre -app Process Concepts Attachment B PART SIX: COMMUNITY DEVELOPMENT The Department of Community Development includes four divisions: Administration/Central Operations, Planning, Planning/Geographic Data Services, and Zoning & Current Development. There are 84 authorized positions, although 7 % have been frozen and may not be filled. The frozen positions reflect the County's preliminary assessment of the current economic impact on Albemarle County in line with most other Virginia communities. The vision of this department is to promote the community's quality of life, which expects a sustainable economy that protects its natural resources. Achieving this vision requires developing ordinances and policies that promote the vision by a professional staff continuously communicating and involving a very interested community. The community and local government are talent rich. Albemarle's livability is enhanced by location, climate and abundant natural resources. However, a sustainable community requires a vibrant economy and a commitment to Smart Growth strategies. The County government and the community have been committed to quality growth and been steadfast in that vision for many years. Albemarle's success story results from an extremely capable and committed staff, and the support of management, Planning Commission, Board of Supervisors and involved citizens. They all expect excellence; therefore, the findings and recommendations offered are intended to build on this organization's record of success. The premise of this section's review is to present observations which may offer a different perspective. Challenging economic times may require different approaches, but an organization of excellence should be routinely challenging assumptions as part of its organizational persona. Planning, Zoning and Current Development Findings /Observations 1. The Department of Community Development is fortunate in having a depth of professional skill and education as evidenced by the number of publications and reports that are produced to implement their broad spectrum of responsibility. The Comprehensive Plan is a roadway to the future that is thorough, informative and enjoyable to read. The plan is implemented through comprehensive zoning regulations and related enforcement policies that are readily available to the public and are very informative. The staff is skilled at analysis and working with groups to achieve workable solutions. 2. The Comparative Report of Local Government Revenues and Expenditures for 2007 reports the highest per capita expenditure for the Community Development activity in comparison with the benchmark communities of Hanover, James City, Roanoke, Spotsylvania, and Stafford. 3. Relying on the Comparative Report alone, however, can be misleading because each reporting jurisdiction may report expenditures under different categories that can distort the result. For example, Albemarle is unique in having a revenue sharing agreement with the city which amounted to over $10 million dollars in the annual audit. This expense is captured in Community Development. Backing this expense out of the Comparative Report results in a per capita expense that is second highest. This comparison is valid only for indicating that expenditures are above average. 4. The Planning Division organization shows a Water Resource Manager and a Ground Water Manager, assigned to the Planning Division. The staff directory for the Planning Division also provides contact information for several General Services staff who work closely with the Planning staff on a number of issues. This includes a Water Resource Manager, Water Resource Engineer and Storm Water Inspector. Attachment B 5. Albemarle has a website that is comprehensive, informative and easy to use. Practically everything one needs to know about the County is there, or the individual is directed to a source for the information. 6. The Planning Commission and the staff work as a team at every point of the process. The Planning Commission participates in the selection of study areas, participates in community meetings, and meets in regular session almost every week. The schedule for 2009 is once a week for the year. Depending on the agenda, each meeting may have from 4 to 8 staff members present, and meetings require appropriate notifications, agenda preparation, staff reports, and minutes. The website minutes are a few months behind. 7. Site plans and subdivision plans are primarily technical in nature, and, if a plan meets all criteria, it must be approved. These plans may be approved by staff, except for County Code (14.218). The code stipulates that the Planning Commission will review a plat plan if anyone requests they review. This is in keeping with the County's commitment to maximum citizen participation, but may mislead citizens as to their degree of impact at this stage. 8. The Comprehensive Plan is primarily a Planning Division mission in cooperation with the Division of Zoning and Current Development. It is the blueprint for the County's future and one of the most important documents of the County. As a vital planning tool, it is under continuous review. The state code stipulates reviewing this plan every five years, but Albemarle revisits plan elements on a continuous basis. The plan is the basis for land, development regulations, decisions on zoning and special use permits, capital improvements, environmental protection initiatives and the assignment of resources. In many jurisdictions the plan is reviewed and, perhaps, updated every five years as a necessary state mandate. Every initiative is compared with the plan, and it is a foundation document to County thinking. It is extremely well written and publicized. 9. Frequent feedback indicates the need to define who is the customer or client that this Department services. The customer is often seen as the applicant for an inspection or plat because they are present and vocal. The builder requesting an inspection is an immediate customer, but the ultimate longer range customer is the home owner who assumes his purchase meets all code requirements. The future home owner is not available to be part of the process, but must trust the planning and inspection process to have protected his interests. 10. The County Engineer works closely with all divisions to ensure that processes, policies and procedures are coordinated and current. Monitoring the various subdivision, soil and water protection bonds is part of this service. For various reasons, the number of active bonds over 10 years old has reached 30. While the bonds are mostly for small amounts, at least four are over $100,000 and one was first posted in 1981. The passage of time makes each bond more difficult to complete, requires record keeping and may entail some liability. 11. Within the Division of Zoning and Current Development is the Current Development unit that has 12 FTE positions (See Appendix Q. This unit focuses on current and ministerial development and partners with other teams in the Department for review of broader policy issues. Feedback from staff indicates plans to separate this unit from Zoning. 12. The number of manager positions in the Zoning and Current Development division seems on the high side. If the Current Development Planning unit is moved to the Planning Division, or made its own division, then the numbers will raise even more questions. The division seemed well run and managed, especially the Zoning Enforcement unit under the Manager of Zoning Enforcement; however, the number of positions and supervisory titles, especially in the Zoning /Administration unit, warrants attention. There is a Director of Zoning & Current Development, Zoning & Current Development Assistant, Chief of Zoning/Deputy Zoning Administrator and a Manager of Zoning Administration plus four (4) planners. The Manager of Zoning Enforcement is excluded from the above. Attachment B Inspections 13. The Inspections Division has realized a 50% reduction in new home inspections and experienced no growth in commercial construction resulting from the economic downturn. Staff is being cross - trained and certified to assist inspections in other units, such as erosion inspection. A workload reduction lasting more than two years might warrant staffing adjustments, but these are highly trained professionals that are not easily replaced, and this should be a last resort based on a prolonged economic recovery. 14. There is a backlog of uncompleted building inspections. This backlog fills one wall in the storage room and exceeds 1,000 cases. Staff indicated that a few are more than ten years old and may require legal approval to remove from the files. The workload reduction is allowing Inspectors to catch up, and staff advises they are preparing a procedure to prevent recurrence. 15. The Inspections Division prioritizes inspections and some code violation complaints are addressed with a telephone call or visit and then a follow up letter but are not pursued further. Examples might be a tenant's complaint or a small project without a permit. A call or written notice is usually sufficient. This is not an unusual practice but entails some management risk. Geographic Data Services 16. Geographic Data Services is a small unit of only five employees that provides mapping and geographic information services for all County departments. Program activities include maintenance of the Geographic Information system. Projects have included a GIS Web Internet System, which allows a user to query real estate property information, building addresses for new construction, generate maps and more. 17. This unit is housed in Community Development, but is not limited in its placement to this organization. It seems to be relatively independent and able to serve many different activities throughout the government with flexibility resulting from its small size. Recommendations 1. Implement small teams to review this report's recommendations and draft implementation plans. 2. Ensure that teams addressing organizational realignment or evaluating the number of employees or supervisors should have one team member assigned from the Office of Management and Budget or Department of Human Resources to guide discussions affecting personnel. 3. Designate team leader from outside Community Development and encourage the use of Process Management tools to analyze the current processes and procedures to identify and make revisions that will be meaningful and create efficiencies. 4. Invite the County Engineer to the employee team that defines the transfer of Water Resources personnel to Community Development. 5. Consider adjusting the number of supervisory titles and positions in Zoning Administration. Apply a goal of flattening the supervisory structure. 6. Continue inspector positions with their cross training to assist other code enforcement activities of the department. 7. Eliminate the backlog of old incomplete inspection permits and give the highest priority to any permits requiring a Certificate of Occupancy. Consult the State's Record Retention Policy and the County Attorney's Office regarding options to aide in eliminating the backlog. 8. Establish completion deadlines and status reporting schedules to prevent backlogs of any permits. 9. Consider some higher level sign off on deferring follow up action on minor code violations complaints. Consider someone outside of the Inspections Division to review and sign off on a periodic basis. 10. Consider the inspections process as an enterprise operation with fees set to recover costs. Virginia law allows fees that cover the cost of inspections. By implementing this business approach, a staffing adjustment plan needs to be adopted to allow for upturns and downturns in the economy. Attachment B 11. Explore adjustments to reduce the number of Planning Commission meetings from weekly to no more than twice a month. The pre - application meeting in particular should be changed so that staff meets with developers to explain the County's expectations and requirements rather that a formal meeting with the Planning Commission. This will make the time spent by the Planning Commission more productive and will save significant staff time by eliminating the need to prepare a staff report before a developer has even made application. A pilot test period of six months would allow time to gauge effectiveness and whether savings in staff time is realized. 12. Eliminate recording of individual comments to shorten Planning Commission minutes. The Virginia Municipal Clerks Association encourages action minutes. The present summary after each agenda item is an excellent record of action. Individuals wishing to hear individual comments can listen to recordings. Shortening minutes would be a departure from the style of Board minutes, but might facilitate more up to date minutes being on the web site. 13. Evaluate areas where staff work may be reduced while still meeting all the requirements of state code. Site plans and subdivision plans could be approved by staff. Reviews are primarily technical in nature, and if a plan meets all the criteria, it must be approved. There may be debate on staff interpretation of criteria, but the issue of a plan's desirability is not part of the equation. The Comprehensive Plan and related Master Plans set the criteria. Site and subdivision plans simply fill in the details. 14. Revisit, from a cost - saving view, the County Code that stipulates that the Planning Commission may review a preliminary plat if anyone requests a review. Amend the code to limit the Planning Commission reviews to the more serious issues. 15. Have critical paths defined for any plan initiative to include labor and material cost estimates to ensure that policy makers and managers understand and buy into the investment. An Implementation Team should develop a critical path for a recently completed plan such as Crozet Master Plan or Rivanna Plan and analyze for time /cost savings. The results could be a model for a new project. Without a critical path including costs, management has no basis to determine least cost methods or efficiencies. 16. Incorporate a commitment to cost control to the existing commitment to quality service. Timelines, flow charting and similar project management techniques are used by staff, but without the inclusion of costs. Public planning departments do not generally use cost as priority in selecting projects, but they should. Private consultants cost out their work programs in order to bid and stay competitive. Albemarle has the staff talent to try this private business practice on one project as a pilot to evaluate its application to public cost management. Demands for more public hearings, reports, work sessions and revisions may be reduced if everyone knows the impact on cost and lost manpower for other projects. 17. Reduce the backlog of old bonds being carried on the books by the County. Encourage the County Engineer and the County Attorney's office to be a part of this process. These bonds carry a cost to the developer and should be released if the requirements have been satisfied. 18. Consider the reorganization of the Geographic Data Services unit to the County IT Department; however, until some of the more pressing priorities of IT are resolved, this unit should remain in Community Development with its present flexibility to assist all County departments. All of their improvements, however, should document the anticipated and actual cost savings to the County. Go to next attachment Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Community Development — Legislative Review Process SUBJECT /PROPOSAL /REQUEST: Work session to consider possible changes to the legislative review process (rezonings and special use permits) per the Economic Development Action Plan and Community Development Work Program STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Kamptner, Graham, and Cilimberg LEGAL REVIEW: Yes AGENDA DATE: September 1, 2010 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The purpose of this work session is to request Board direction on possible changes to the legislative review process, which include rezonings and special use permit applications. The County has a long history of efforts to improve these processes, with the emphasis on improving efficiency and removing impediments to decisions. Most recently, this was considered by the Development Review Process Task Force and included in the Economic Development Action Plan (Attachments A and B). Staff believes any consideration of process changes should start with a shared understanding of the nature of the legislative process, the roles and interests of the various participants, and the variables affecting quality and efficiency in the process. A summary providing the background on the process and variables affecting quality and efficiency associated with the legislative review process is attached. (Attachment C) To summarize, the four variables to consider are 1) review efficiency, 2) the number of review issues, 3) the extent of review to assure quality development, and 4) the number of decision - makers. With a legislative application, the County has a mandated process for decision making, so the number of decision - makers is set (#4 above). Staff also recognizes that the number of review issues to assure development quality reflect constituent concerns raised over the years ( #3 above) and the Board has not voiced any interest in reducing the review standards. This leaves two considerations for the County. Review efficiency ( #1 above), where staff has identified additional opportunities for changes in the process and which is discussed below, and delegating review issues ( #2 above) to the ministerial process (e.g. critical slopes) where possible, which will be presented at a future work session. DISCUSSION: An analysis of review efficiencies begins by first considering the actual time required for applications. Graphs of review times for rezonings and special use permits are provided as Attachments D and E. Several things should be noted with these graphs. First, both graphs are in chronological order from initial submittal and reflect total time regardless of the reason. To help the reader understand the dates in the graphs, a marker has been set for May 2007, when the Board adopted the recommendations of the Development Review Process Task Force. Next, with respect to rezonings, the trendline shows a significant reduction in times, which now seems to be leveling off at approximately five months. With respect to the special use permits, it is noted that the trendline is flat, with an average of approximately five months as well. Finally, in looking at a number of the lengthier rezonings (shown in the lighter bar), staff found that these applications consistently had plans that were substantially revised after Planning Commission and /or Board review, with a significant number of deferrals, indicating the initial application required multiple changes as a compromise was sought between the applicant and County. Staff also consulted with some of the County's peer counties that have similar expectations for rezonings to evaluate their review processes. Staff focused on three localities considered to be the most comparable to Albemarle County (James City, Hanover and Fauquier). Staff did not find any locality that reports typical rezoning times, but all indicate the time varied between three months and years, similar to Albemarle's experience. While all of the counties appear to desire rezoning applications to be completed within 3 -6 months, all indicated that a complex application usually takes much longer and it is not unusual for a complex application to take several years. Next, while there is no data on deferrals or denials, it appears Albemarle County is more likely than the other localities to grant deferrals and more reluctant to deny a rezoning. Staff notes that the Board has denied only one rezoning in the last ten years. This fact AGENDA TITLE: Community Development — Legislative Review Process September 1, 2010 Page 2 led staff to recognize that lengthier process times in Albemarle County may be a function of the applicant's knowledge that a deferral is always available. If the developer is seeking a compromise with the County to minimize additional development expenses, this is an important option. While "time is money ", it should be recognized that many rezoned properties are not immediately developed, but instead held for the right market conditions or the right buyer to come along, As such, an applicant may be more motivated to seek compromises than a quick decision. With this information, staff believes the County's legislative processes are comparable to the other localities. Some applications appear to take much longer than average, primarily because an applicant makes extensive use of deferrals. While the Board may wish to consider whether there should be a limit to the number of deferrals available to an applicant, staff has focused on how to improve the efficiency of the existing process. Staff believes the following changes would help reduce time and costs: 1. Codify expectations as application requirements. Many of the County's expectations are not required to be addressed with an application, which leads to applications that require extensive revisions. For example, the County should specify that the State mandated "527" traffic study must be submitted with the initial application. Extensive time and review is wasted because the traffic study delays the application and later shows the reviewed plan has not adequately addressed traffic impacts. Additionally, by codifying the expectations, the Board must review and approve the requirements as part of incorporating them into the ordinance. If the Board feels any criteria are unnecessary or additional criteria are needed, it would have the opportunity to have the criteria included in the application requirements. Staff believes this can reduce "scope creep" in the future. 2. Codify a pre - application conference. This would require applicants to submit a proposed application without a fee. Staff would review the proposal and then meet with the applicant the following week to review whether the application was found complete or what corrections are needed prior to acceptance of the application. If the application was found to be complete, the applicant would be notified of the required fee, proposed review schedule, and the date for receiving comments. The County would consider the application submitted when the fee was paid. 3. Formalize a community meeting process. Staff finds that public concerns with an application are often not identified until the public hearings, which can result in deferrals to address the newly identified concerns. By holding an applicant- sponsored community meeting prior to submittal or immediately after submittal, the applicant and the County can better identify public concerns at an early stage and avoid delays. Staff proposes that this meeting would be the applicant's meeting with the community rather than a County meeting. However, County staff would attend the meeting to answer any questions regarding County processes and expectations. 4. By policy, avoid indefinite deferrals. Indefinite deferrals usually reflect an application that has major unresolved issues and the applicant is not sure how to address those issues. In those cases, staff believes the County and the applicant would be better served by establishing a date by which a resolution of the issues is expected. If the applicant cannot meet this date, it would likely be better for the application to be withdrawn and resubmitted once the issues have been resolved. This policy would help the public as well because an indefinite deferral is difficult for the public to track, leading to frustration and feelings they are being marginalized by the process. If the Board is interested in proceeding with staff's recommendations, a resolution of intent can be prepared for the Board's approval to initiate the zoning text amendments. Given current priorities and projects already underway, staff would anticipate beginning work on this proposal in October, with ordinance amendments being reviewed by the Planning Commission by March, 2011. BUDGET IMPACT: Staff's recommendation should reduce the County's cost for application reviews. Staff will include estimates of any cost reductions and recommended fee adjustments with ordinance amendments that are brought forward. RECOMMENDATIONS: 1. Staff requests that the Board identify any additional issues that it would like staff to evaluate. 2. Staff recommends that the Board direct staff to prepare a resolution of intent to initiate the zoning text amendments for the recommended process changes for consideration by the Board at a future meeting. ATTACHMENTS Attachment A — Development Review Process Task Force Recommendations Attachment B — Resource Management Study, Community Development Recommendations Attachment C — Understanding the Legislative Review Process Attachment D — Rezoning Approval Times, Chronologic Order from Original Submission Attachment E — Special Use Permit Approval Times, Chronologic Order from Original Submission Return to regular agenda Attachment A Task Force Charge: Using the existing staff work on process improvements as a starting point, the task force will review and assess the current legislative review process for improvements in efficiency, effectiveness, quality and adequate public participation. Task Force Membership: A. Bruce Dotson Ann Mallek David Bowerman Michael Hancox Valerie Long Michael Barnes Marcia Joseph Eric Strucko Kenneth C. Boyd David C. Wyant Robert W. Tucker Robert Spekman, PhD Scope of Review: To focus on improving the legislative review process, but not to alter policy regarding the scope of legislative reviews, with consideration of the following issues: • Public input process • Timeliness of review • Quality of review • Quality of approved plans • Complexity of review • Thoroughness of review • Ease of the review process • Efficiency of the review process • Review processes in Rural Areas vs. Development Areas • Resources necessary to implement any proposed changes • Consideration of changes to current development fees Major Tasks: • Review and evaluate staff's initial set of recommendations • Identify new possibilities for process and public participation improvements • Solicit community input via a survey of citizens, development community and staff • Evaluate current process for plan review • Draft list of potential recommendations • Prioritize recommendations based on those that would have the most positive impact and those that could be implemented most quickly • Develop preliminary action plans for priority recommendations Recommendations: Committee recommendations are presented in the following three categories: 1. New actions that were identified as higher priority 2. Actions already planned or underway 3. Other ideas (1) New actions that were identified as higher priority Priority Action Steps /Timeline /Staff Resources Required 2 Phase ZMA Process The first phase of the two step process would start by defining the issues related to the proposal. These issues 2 phase ZMA process will avoid need would include, but not be limited to, the developers concept for detailed submissions until "big for the parcel, the citizen input/concerns, the county staff picture" issues have been answered, assessment of: the Comprehensive Plan's goal for the reducing cost to applicants and review parcel, how the project does or does not fit into the context time required and improving the of the surrounding neighborhood, the infrastructure ultimate quality of the project while deficiencies (either existing or caused by the proposal), etc. maintaining appropriate public input Next, the process would focus on developing and ranking design parameters that, if implemented correctly, would address the goals and mitigate the concerns. The first phase would conclude with the establishment of "findings" by the Planning Commission that, if the project implemented the design parameters, it would be generally consistent with the Comprehensive Plan and the surrounding neighborhood. A record of comments would be available to the applicant and would serve as a basis for the site design in Phase 2. The PC's "findings" would not insure the ultimate approval of the application and the project would not go to the Board at this stage, but a copy of the findings would be sent to the Board for their review and information." Phase 2 — the second phase consists of a detailed review to meet all requirements and policies of the County A related staff recommendation is to conduct a comprehensive evaluation of the 100 -plus item list to see if some /all requirements should be included in an ordinance. Community Development staff anticipates this effort can be completed in 2007 and any ordinance changes would follow this. In the short -term, development and implementation of this process requires additional staff work, but this process is intended to quickly recover that investment. Improve ARB /PC /Board • Review current applicable ARB ordinances with the coordination, clarify role of ARB Board to clarify code guidance on the role of the ARB • Explain the current practice as to ARB involvement in Clarify the sequential review process to Planning Commission processes alleviate confusion for staff, applicants, . Determine whether the Board wants to amend the planning commission and board of ordinance to reflect current practice or to use existing supervisors and clarify the extent of ordinance guidelines for ARB involvement — the review from the PC and ARB expected committee recommends that the existing guidelines be by the Board, prior to BOS review. used to refine the ARB role to its original purpose • Communicate guidance to the Planning Commission and ARB members regarding the BOS guidance, and provide training to clarify appropriate roles and functions • Prepare staff to assist ARB members to stay within the designated review and decision - making roles • Provide the following sequence in flow chart form as a gu for staff and applicant: Comp Plan amendments review step 1- PC, Step 2 - BOS, ZTAs - review step -1 PC, step 2 - BOS ZMAs - Assuming 2 part zoning review (part 1 focused on Ian use, part 2 focused on design elements) review part 1 - PC, review part 2 if in an entrance corridor- ARB, PC, BOS SPs- PC, ARB, BOS • Establish policy for extent of review - visibility and extent information required for ARB review, extent of information required for PC and BOS review. • Establish staff led training sessions for ARB, PC and BO clarify legal roles and help to establish policy. Community Development staff, with assistance from the County Attorney, can facilitate the review with the Board over the next six months. Scheduling the remaining tasks will depend on the outcome of that review. Detailed process documentation focused on creating consistent • Process flow diagrams and review process are in place review for subdivisions (SUBs) and site plans (SDPs) . These can be placed on the web as part of the one -stop web Documentation on review process for page update. ZMAs, SPs, SDPs, and SUBs will be • Process maps and documentation for ZMAs and SPs used by staff for performing reviews will be finalized after completion of the 2 phase process. and available to applicants and the Anticipate 2nd half of 2007. public to understand process. Also, • All process maps and other documentation will be need to include the complete list of reviewed on a regular basis and changed when (104) issues considered with processes are revised applications and the process for proffer • This effort will result in standards, methods and review. checklists that will insure consistency in expectations on the part of applicants, citizens and staff. This reflects an ongoing effort for Community Development staff. Establish staff authority for waivers • Adopt standards that allow staff to have clearly defined and modifications in the discretion and authority on the following items that development areas would have a significant impact on streamlining the approval process: • Private roads • Critical slopes • Buffers This task would require ordinance changes which would require some staff support as an upfront part of the process. The level of staff effort would depend on what review process was decided upon by the Board re: the ordinance changes. Develop a Proffer Policy to include • Identify appropriate staff to develop the policy elements beyond a cash amount • Review successful proffer policy models from other jurisdictions • Strive to avoid creating undefined mandates as new regulations are adopted • Determine proper process for adopting the policy if it is determined to be a Comprehensive Plan Amendment, move as quickly through that process as possible with support of the Planning Commission Community Development staff anticipates that incorporating a proffer policy into the Comprehensive Plan will take a year for development and implementation. One -stop webpage devoted to Determine what elements are important to include on staying informed about county new webpage and develop prioritized content list — use development task force survey results and input from CDD staff (staff identified electronic staff reports and electronic copies of Creation of a new webpage on the plans and other project material as priorities) county website that brings all Assess existing website content to determine what elements of the online county desired material already exists in some form or location development information together in • Assess CountyView as to its usefulness in serving one place desired functions • Identify gaps in material • Create links or new content to address gaps in highest priority areas of interest to citizens • Create an interactive page for neighborhood contact information including up -to -date email addresses to allow neighborhood representatives to post current information • Design one -stop webpage with input from citizens • Test new webpage with selected focus groups • Publicize availability of new page • Continue process with next level of priority areas Due to evolving nature of internet technology, staff anticipates that this will be an ongoing task, but estimates that the first level of priority improvements could be made to the website within 6 months. This work will be incorporated into existing ongoing improvement efforts. This will involve staff from the Community Relations Office, primarily the web content manager and the Community Relations Manager, and various Community Development staff in organizing existing information. Implementation can be accomplished as a part of regular work tasks over the next 6 months. Create a comprehensive guide to the . Review task force survey results and determine priority development process for citizen use items that should be included in a comprehensive guide • Review existing materials, printed and on the website, to "How to Understand and Get Involved see what the county already has developed regarding with County Development Processes" those items • Work concurrently with the website effort to coordinate preparation of any additional materials • Create printed (and DVD versions on demand) of the guide that is appropriate for mass dissemination and that links up with the website • Get feedback on the material from citizens prior to releasing, and make any necessary improvements • Publicize availability of new materials Many of these actions are similar to the website enhancement priority and should occur on a parallel track. Staff would estimate that an initial DVD could be released within 6 months, and then would need to be updated on a regular basis. This will involve staff from the Community Relations Office, primarily the web content manager and the Community Relations Manager, and can be accomplished as a part of regular work tasks within the six month period. It is anticipated this DVD will need to be updated as new ordinance requirements are added. Expand the contact area around . Establish appropriate contact radius projects to include more than • Review existing contact letter adjoining owners, include more . Determine appropriate new letter content including comprehensive info in the letter contact info and county resources — include citizen input • Revise letter, implement new contact radius Newly defined contact radius for • Solicit feedback from notified residents after certain time notification letters and a more period to assess effectiveness descriptive letter to be sent as the initial notification- directives for exceeding Staff estimates that this priority could be implemented within 6 minimum legally required standards to weeks. Longer term, Community Development staff anticipates be outlined in the form of an this will increase the staff resources needed to be spent with administrative policy citizens in answering questions and facilitating input. Create easily accessible space at • Use terminal in new CDD lobby to share project info with COB for project information the public • For those projects that have significant public interest, Public information/ visual displays on prepare visual display for citizens to view — determine critical projects what project info will be displayed • Identify best possible space for new display area • Publicize availability of new display area Staff estimates that this priority could be implemented within 6 weeks in the new Community Development space on the first floor of the COB. Implementation will involve staff from the Community Relations Office to assist with publicizing the new display area; this can be accomplished as a part of regular work tasks within the six week period. Longer term, it is anticipated this will increase Community Development's workload as information will need to be regularly updated and staff will need to be available to address questions and concerns raised by the information. . Examples of proffer and code of • Drafts of both documents have been prepared by staff development language for and are being internally reviewed. applicants on Web . After internal review, will circulate to interested parties. • Anticipate documents could be finalized and put on web Model Code of Development and site by mid -2007. Proffers available to applicants, which • Staff will review uses to establish conditions and reduce the need for changes and eliminate special use permit categories where possible, resubmissions of documents. Also, i.e. mobile homes need to provide examples of good CDs and proffers and standard conditions Community Development staff notes that standardized used with certain SPs (e.g. Churches, language is hard to develop due to evolving nature of proffers Home Occupations) and desire of applicants to negotiate certain items — examples of these items can be made available as "models ", but an acknowledgment should be made that these are ever - evolving documents based on the most recent approvals. As such, it is anticipated that staff will need to dedicate ongoing time to this (2) Actions already planned or underway Some of the items discussed by the task force were already planned for or underway in some form as the group was meeting. The task force wanted to reaffirm the County's commitment to these actions and in some cases they provided specific direction regarding individual action items as outlined on the following chart. task. Approval letters explaining • Staff has already started and can easily expand current remaining process through letters to provide more detailed descriptions of occupancy remaining processes. • Will implement into process upon approval by Board. Approval letters will outline steps necessary before buildings can be Community Development staff has already started this effort occupied or uses are allowed. and it can be expanded without significant workload increases Outlines of staff reports with Staff is working on possible steps to address this issue outstanding issues (provide and bring major areas of concern to the attention of the advance notice and interaction) applicant in a timely way that allows them to be responded to, recognizing the obvious need to stop the There should be no surprises for interaction with the applicant at some point and prepare applicants in a staff report. Any issue a final report should have been raised in advance of Staff reports are finalized and made available to the the staff report, with the opportunity to public and the applicant one week before the item is resolve misunderstandings or mistakes. before the Planning Commission, so there should not be any complete surprises Community Development staff notes this will be difficult to resolve without building additional time into the process schedule. The current schedule has no downtime between the resubmission deadline for materials and the deadline for completion of a staff report. Thus, if new issues are raised as a result of plan changes, there is no time in the schedule for staff and the applicant to discuss these issues. (2) Actions already planned or underway Some of the items discussed by the task force were already planned for or underway in some form as the group was meeting. The task force wanted to reaffirm the County's commitment to these actions and in some cases they provided specific direction regarding individual action items as outlined on the following chart. Action Item Status Committee Comment /Direction Alternative Engineering Review Pilot program underway The committee has recommended six month updates over the two year pilot period, with the first update scheduled for April, 2007 Counter Planner/ Person to Position created, staffed Committee supported answer simple questions the staffing of this position Organize the Planning Has been implemented in Committee was Department around the concept Crozet, additional area supportive of this of "area planners" planners will be proposed initiative for funding as the master plan schedule progresses CountyView Web to serve as Public application of Ensure that the program "project diary ", electronic access CountyView Web to be is user - friendly and to project maps, plans, etc. launched soon, currently accessible to the being tested by selected average citizen users Support hiring of a Community Position approved by BOS, Incorporate appropriate Engagement Specialist hiring planned for late communication April, 2007 responsibilities into the job description Create easily accessible display Display area has been Provide public space at COB for project designated in new information/ visual information Community Development displays on critical office space projects (3) Other Priorities In addition to the higher priority items, the task force identified a number of other actions that they felt would be significant improvements to the development review process. While these actions did not receive the highest endorsement by the task force, it was recommended that these items should be kept on record and addressed by staff as they are able. There was agreement among task force members that the item related to increasing awareness of Amail was a particularly important action and they strongly supported efforts by staff to continue focusing on using Amail as a communication tool. Actions Change submission dates for rezonings and special permits A schedule of submission dates is annually generated and can be easily modified starting in 2008. Before next year's schedule is developed, staff will seek input from the Planning Commission and community on factors they consider important for these dates. Engineer Exchange While staff is ready and willing to implement a program which trains outside engineers as reviewers, those engineering firms would need to be willing to fund the positions. It is noted there is no assurance that a trained engineer would continue working for the firm that subsidized the participation or that the engineer would continue to work in this area. Guides to correct terminology — "plug -ins" Staff has already compiled and published a glossary of terms and a "Planning 101 " on the departmental web site. This will be revised and expanded as customers identify additional subject matter. Early letter to applicants with timetables, etc. Staff has started this effort and will expand the content as applicants indicate an interest in additional materials. Sample reports and examples of good applications on Web site Staff is currently developing these materials and plans to publish this later this year. Outsourcing / Private Contractors This will be discussed with the Board as part of a broader fee study now under way. Use of contractors will significantly increase the cost of reviews and the Board will need to agree to either pass this cost through to applicants or increase Community Development's funding. Campaign to increase awareness of and use of AMail The committee felt that Amail was a useful public information tool and recommended a continued aggressive marketing campaign to get people to sign up for the service. Better coordination with neighborhood assoc/ homeowner groups The committee believes that neighborhood based information is often very effective and recommended that every effort be made to share appropriate information with neighborhood groups. Provide Citizen Planning Academies on a regular basis Citizen Planning Academies that have been held in conjunction with master plan activities have been helpful in communicating general growth management and land use information to the public. The committee recommends that more academies be conducted for the general public to share that information as much as possible. Go to next attachment Return to exec summa ATTACHMENT C Draft: 10/11/12 ORDINANCE NO. 12 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE, 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 1, General Provisions, Article 1I, Basic Regulations, Article III, District Regulations, and Article IV, Procedure, are hereby amended and reordained as follows: By Amending: Sec. 3.1 Definitions Sec. 4.15.5 Signs authorized by special use permit Sec. 4.8.1 Determinations concerning unspecified uses Sec. 10.5.2 Where permitted by special use permit Sec. 20.1 Intent, where permitted Sec. 20.2 Application Sec. 30.1.2 Application Sec. 31.1 Designation of zoning administrator, authority Sec. 34.4 Application for variances Sec. 35.1 Fees By Amending and Renaming: Old New Sec. 1.7 Official zoning map Zoning map Sec. 30.5.5 Permitted uses by right and special permit Permitted uses by right and by special use permit By Repealing: Sec. 1.9 Application for land use permit; payment of delinquent taxes Sec. 8.5.1 Applications and documents to be submitted Sec. 8.5.2 Preapplication conferences Sec. 8.5.3 Review and recommendation by the planning commission Sec. 8.5.4 Review and action by the board of supervisors; effect of approval Sec. 8.6 Amendments to planned development districts Sec. 20A.3 Application requirements; required documents and information Sec. 20A.4 Application plans Sec. 31.6 Special use permits Sec. 31.6.1 Reserved to board of supervisors Sec. 31.6.2 Application Sec. 31.6.3 Conditions Sec. 31.6.4 Revocation Sec. 31.8 Special exceptions Sec. 33.0 Amendments Sec. 33.1 Statement of purpose and intent Sec. 33.2 Initiation of amendments Sec. 33.2.1 Property owner petition Sec. 33.2.2 Untitled ATTACHMENT C Draft: 10/11/12 Sec. 33.2.3 Untitled Sec. 33.3 Proffer of conditions Sec. 33.3.1 Effect of conditions Sec. 33.3.2 Zoning map notation Sec. 33.3.3 Authority of zoning administrator Sec. 33.4 Public hearing -- notice Sec. 33.5 Report by planning commission to board of supervisors after hearing Sec. 33.6 Limitation on filing new petition after original denial Sec. 33.7 Withdrawal of petitions Sec. 33.8 Posting of property Sec. 33.8.1 Posting of property — planning commission hearing Sec. 33.8.2 Validation of prior notice requirement (Amended 6- 19 -96) Sec. 33.8.3 Maintenance and removal of signs Sec. 33.9 Matters to be considered in reviewing proposed amendments Sec. 33.10 Schedule of review Sec. 33.10.1 Untitled Sec. 33.10.2 Untitled By Adding: Sec. 33.1 Purpose and intent Sec. 33.2 Uniform requirements for the initiation of zoning text amendments and zoning map amendments Sec. 33.3 Uniform procedures for zoning text amendments and county- initiated zoning map amendments Sec. 33.4 Uniform procedures for owner- initiated zoning map amendments and special use permits Sec. 33.5 Uniform procedures for special exceptions Sec. 33.6 Zoning text amendments and zoning map amendments; relevant factors to be considered; effect of approval Sec. 33.7 Owner- initiated zoning map amendments; authority to accept proffers Sec. 33.8 Special use permits; relevant factors to be considered; conditions; revocation Sec. 33.9 Special exceptions; relevant factors to be considered; conditions Chapter 18. Zoning Article I. General Provisions Sec. 1.7 Official zoning map Zoning man map sheets en4ided "Zoning Map ef Albemafle Geenty, Nlifginia" whieh, together- with all e"lana4ei:y m then -e .. is hereby .,depte by -e f enee a-ad .-ad deelar-ed to be ., pa ft e f this er-dinanee. The Zening Map shall be iden4ified by the signattffe or- the altested signatefe ef the Chakman of the Bea The zoning adminis4a4ef shall be fespensible for- maintaining the Zoning Map, w-hieh shall be leeated in his effiees, tegether- with the etfffent �ening stattis of !and a-ad w4er- areas, buildings a-ad ether- stndetffes in the The zening administf4er- shall be auther-ized te in�efpr-et the etfffent zening states ef land and water- areas, buildings and ethef: stmettffes in the eetinty. ATTACHMENT C Draft: 10/11/12 No eha-ages of a" nalufe shall be made on said Zoning Map or- any nia#er- shown thereon eiieept in eonfofmity with the py-oeedur-es a-ad requirements of this or-dina-nee. it shall be tialawful for- a*y per-son to make unatAhor-ize ehanges on the offieial Zoning Map. Violations of this provision shall be punishable as provided in seetion 37.0. The zoning man is identified, and shall be interpreted, as follows: a. Zoning man identified. The zoning man is composed of the several mans and digital source files, and all dimensions, symbols, notations, and designations shown on the maps and in the digital source files is maintained by the department of community development, and is incorporated by reference as part of this chapter. The zoning map is the digital form of the zoning map adopted on December 10. 1980. as amended by all zoning map amendments after that date. The zoning man also may exist in an analog zoning map book. b. Zoning man establishes the location and boundaries ofzoning districts. The location and boundaries of the zoning districts created by this chapter are hereby established as shown on the zoning map. The zoning map also includes symbols that represent the existence of conditions, including proffers, attaching to the zoning of a parcel on the zoning map. C. Interpretation. The zoning man shall be interpreted as follows: 1. District lines follow lot lines and center lines: boundary designated. The district boundaries shown on the zoning map are intended to follow the lot lines and the center lines of streets or alleys as they existed on December 10. 1980 and as hereafter amended: provided that where a district boundary obviously does not follow any such line, and is not depicted on an approved subdivision plat or site plan or described by dimensions or other means, the district boundary shall be determined by measurement using a scale. 2. Waterways, roads, streets. highways, railroads. and other rights -of -way: boundary not designated. All waterways, alleys, roads, streets, highways, railroads, and other rights -of -way collectively. "features "l, if not otherwise specifically designated and if not part of a parcel abutting the feature, shall be deemed to be in the same zoning district as the immediately abutting parcels, and the departing boundary lines from those abutting parcels shall be deemed to extend to the centerline of the feature. If the center line of a feature serves as a parcel boundary_, the zoning of the feature, if not otherwise specifically designated, shall be deemed to be the same as that of the parcel to which it is a part. 3. Areas not otherwise designated. The intent of this chapter is to have the entire unincorporated territory of the county within a zoning district. Except for those features identified in subsection cl(2), any area shown on the zoning map having a white background shall be deemed to be in the rural areas (RA) zoning district. 4. Inconsistencies. If there is an inconsistency between any information shown on the zoning man and any decision made by the board of supervisors or an interpretation of the zoning map made by the board of zoning appeals after December 10. 1980, then the decision of the board of supervisors or the interpretation of the board of zoning appeals shall govern. d. Alterations and amendments. The zoning map shall not be altered or amended in any way except in compliance with the procedures and standards established by this chapter for a zoning map amendment. ATTACHMENT C Draft: 10/11/12 Prior- to initiation the for- of r-eview of an applieation amendment, speeial use pefmit, var-ianee or other land use permit, the zoning administfator shall require the applicant to prediaee satisfactory delinqttent real esta4e taxes owed to the Gotmty whieh have been pr-oper-ly assessed against e 'idenrepe thatall the subjeet pr-opefty have been The time for- the deeision for- paid. appheable per-iods review, r-eeammendation and land be tolled is by the an an applieation use pe_;�__�_it sh-A-1 until stieh evidenee r-eeeived zoning administfator-. See. 3.1 Definitions Digital source file: The media type and format to which an analog or digital source material is encoded and the file is used to produce a digital derivative. Owner: The owner or owners of the fee simple interest of real property. Special exception: An exception to the general regulations in any particular zoning district pertaining to the size height, area, bulk or location of structures or the areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures. that is not permitted in anv Darticular zoning district except by a special exception granted under this chanter. Special use permit: A permit for a special use that is not permitted in a particular zoning district except by a special use permit granted under this chapter. Zoning man amendment: An amendment to the zoning m= which may include changing the boundaries of one or more zoning districts or the zoning district classification of one or more parcels: also sometimes referred to as a "rezoning." Zoning text amendment: An amendment to the regulations of this chapter, which may include amending. changing or supplementing the regulations. Article II. Basic Regulations ATTACHMENT C Draft: 10/11/12 Sec. 4.8.1 Determinations concerning unspecified uses Uses other than those specified in district regulations as permitted by right or accessory uses may be added to a district on application by ° t^ an owner if the commission and board of supervisors find: a. That there is no clear intent to exclude such uses; and b. That the proposed use is appropriate within the district and would have no more adverse effects on other uses within the district, or on uses in adjoining districts, than would uses of the same general character permitted in the district. In such cases, the board of supervisors shall proceed to amend the ordinance in accord with the provisions of section 33.0, Sec. 4.15.5 Signs authorized by special use permit Except as provided in subsection (d), electric message signs, off -site signs, and signs in public rights -of -way may be authorized only by special use permit, as provided herein: Procedure and administration. The application procedure, the findings and conditions to be applied by the board of zoning appeals when considering an application for a special use permit, and the authority to revoke such a permit, shall be as provided in section 34-.6 33 of this chapter. In addition to the foregoing: For an off -site sign, the board of zoning appeals shall also find that the issuance of a special use permit is necessary because an on -site sign would be ineffective to communicate its message off - site because of topography or vegetation. 2. For an electric message sign, the board of zoning appeals shall also find that the sign complies with all applicable state laws for such signs. A permit number for each special use permit issued for an off -site sign shall be affixed to the sign in a conspicuous place. State law reference — Va. Code && 15.2 -2280. 152-2286. > The deeufnefAs by through below Avi amendments. f:equir-ed After- the is subseetions (a) (e) shall suh-m-i-Aped appheafien. appliemien > > > identifying tidal ad to, analyses, identifiea4ion of deefRed to speeimen tfees, and the fepei4s potential non wetlands whieh afe reasonably neeessafy analyze appliemien: ATTACHMENT C Draft: 10/11/12 r i�i7Ri _ 7�:llESSl: :I TS' islOTrUnrl warrTiTil�i'�S'�.fe�Restesn AA conservation areas, sueh as )ded areas, speeimen trees, non tidal wetlands, and ot significant o 0 ., ntl features; WWII i illiliim .0 conservation areas, sueh as )ded areas, speeimen trees, non tidal wetlands, and ot significant o 0 ., ntl features; ATTACHMENT C Draft: 10/11/12 3. The loeation general 4. T re l stfeetEiOSs of proposed seetions streets, alleys, t9 sh9vrpivpvftions, sidewalks, and sale, a-Rd pedestr4an stfeetseape; paths; ohe plan; 6. The lay r; for- the gefieral oidt eoneepttial 7. The loeation feat water and sewer systems, eoneepteal the stofmwater- d&velopffleat fflaflagefRefit, to an the des+*9-n of eefitr-al the development, elefRefits Within essential of pafk ,open spaee,gfeen stieh as spaees, majot: employment amenities areas, eefeatienafeas; pafkifig areas a-Rd s44detlffes, eivie afeas, 1 and indt io. Standafds development st fia uses; including building heights, of pfoposed yards, open space , edge of the dirt iet i12 10 80; Or-d. 03 18(2), 2 1 9 03; Or-d. 09 18(9), 10 1 n 09) See. 8.5.2 Pf!eapplieation eonfer-enees Faeh applieant for- a planned development shall attend a j oint meeting with the staff of the depaf4ment a eommtiaity development as well as other- qualified o4ieials f+om outside ageneies stieh as the Nlir-gifli r-eview the application plan and the pfoposed development befofe the applieation is submitted. The pur-pose of the submitted with the applieatio . " " i all applicable fegulations, and to identif�, as soon as possible applieation f6f a planned development that, when submitted with doeuments, will be r§ 9.5.3, 12 10 80; Ofd. 03 18(2), 3 19 03; Ofd. 09 18(9), 10 14 094 (Former- § 8.5.2 Planning Commission Proeedures Repealed 3 49 See. 8.5.3 Review and recommendation by the pla Eaek applieation to establish of amend a planned development distr-iet shall be Feviewed wid aeted on by the planning commission as follows: ATTACHMENT C Draft: 10/11/12 i�:e�sr:rsss!fes�:e� �e!�:r: ��rsreas�sr�sessrss�aee�sr :r�s:reTS .e!�s!ss� . TSiTSssS .sl��s�ee�s: �s�e !e!*��'sers'e�e�:�sesssee��. _ :raj= MIR- ., I - . M.1 . M-. M.- I MON. . E!!!!* frS!} SRIl RRSR'. EI Sl �Sl RE lIiTE��i�ET.fI�:'i!!!!!'il��F �liEl�.T� ATTACHMENT C Draft: 10/11/12 Article III. District Regulations Sec. 10.5.2 Where permitted by special use permit 10.5.2.1 The board of supervisors may authorize the issuance of a special use permit for more lots than the total number permitted under section 10.3.1 and section 10.3.2; provided that no such permit shall be issued for property within the boundaries for the watershed of any public drinking water supply impoundment, and further provided that no such permit shall be issued to allow more development lots within a proposed rural preservation development than that permitted by right under section 10.3.3.3(b). (Added 11 -8 -89; Amended 5 -5 -04 effective 7 -1 -04) The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in section 31.2.4.1 33.8 of this chapter with reference to the goals and objectives of the comprehensive plan relating to rural areas including the type of division proposed and specifically, as to this section only, with reference to the following: (Amended 11 -8 -89) !t ..... 1441 .0 r 1111.111110 NOW �, • N.01. M.-il Article III. District Regulations Sec. 10.5.2 Where permitted by special use permit 10.5.2.1 The board of supervisors may authorize the issuance of a special use permit for more lots than the total number permitted under section 10.3.1 and section 10.3.2; provided that no such permit shall be issued for property within the boundaries for the watershed of any public drinking water supply impoundment, and further provided that no such permit shall be issued to allow more development lots within a proposed rural preservation development than that permitted by right under section 10.3.3.3(b). (Added 11 -8 -89; Amended 5 -5 -04 effective 7 -1 -04) The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in section 31.2.4.1 33.8 of this chapter with reference to the goals and objectives of the comprehensive plan relating to rural areas including the type of division proposed and specifically, as to this section only, with reference to the following: (Amended 11 -8 -89) ATTACHMENT C Draft: 10/11/12 State law reference — Va. Code §§ 15.2 -2280. 15.2-2286 Sec. 20.1 Intent, where permitted PUD districts may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for planned development districts in sections " and 33-. 0 and with densities and uses in locations in accordance with recommendations of the comprehensive plan. As described by the comprehensive plan, PUD districts are intended to serve as neighborhoods or mini - neighborhoods within designated communities and the urban area. Additionally, PUD districts may be appropriate where the establishment of a "new village" or the nucleus of a future community exists and where the PUD development would not preclude achievement of the county's objectives for the urban area, communities and villages. In order to encourage the community function, appropriate commercial and industrial uses are provided in addition to a variety of residential uses. It is intended that commercial and industrial development be limited to a scale appropriate to the support of the residential uses within the PUD; provided that additional commercial and industrial activity may be permitted upon a finding that the area in which the PUD is to be located is not adequately served by such use. It is intended that these regulations provide flexibility in residential development by providing for a mix of residential uses with appropriate nonresidential uses, alternative forms of housing, flexibility in internal relationships of design elements and, in appropriate cases, increases in gross residential densities over that provided in conventional districts. Sec. 20.2 Application Notwithstanding the requirements and provisions of section 8-.0, planned development districts, generally, where certain planned community districts have been established and have been developed or received final site development plan approval prior to the adoption of this ordinance, such districts shall be considered to have been established as PUD districts under this ordinance and shall be so designated on the zoning map. State law reference — Va. Code §_§ 15.2 -2280. 15.2 -2286, 10 2. Ri NION. 0101, 'OM NOW 11 ru 10 ATTACHMENT C Draft: 10/11/12 in the for- the development if it detefmines that the needs study conjunetion that with the buildings pr-eliminafy site plan known the time the . uses may oeetipy Stfategies for are not stiffieiently at of - facilities, � mendment. 0. establishing facilities, the shafed stofmwater- management the off site stofmwater- management and proposed phasing of establishment of stomwater- inanagement • to suppoA , element of the plan. 20A to suppoft any (0M. 03 18(2", 3 19 03,7 See. 20A.4 Application in to the element of ( phims the eode-. "24 09) 8.5. 1 the f6ilowing addition application application plan in the NN4D a. The genefal Weation b. The loeation plan Fequifements of proposed of section streets, alleys, ties, (e), afe r-equifed sidewalks, and pedestrian paths; elements of an in of seetion 20A.9; proposed green areas, as provided 0. A eoneeptual lot lay out; infoftnation supplemented whefe neeessafy by spot elevations and afeas of the site where existing s-lope-S are �wenty Ave (25) per-eent or greater; pfovided in the ,ode of development-, the eompfehensive plan-, 9. The genefal lay ottt f6r- the water- and sewer- systems, eefieept+tal stom+water- ma-aagement, and -a eoneeptual mitigation ,plan; an 1 h. The loeation of eefltr-al feawFes or- major- elefnepAs within the development essential to the design of the development, sueh as building envelopes, majof employment afeas, par-king afeas and stfidetufes, etvte areas, cs, open-Spziee, green S. } eereation areas. (Or-d. 03 19(2), 3 19 03> Or-d. no 19(9), 1 0 14 no) See. 30.1.2 Application Overlay districts and amendments thereof shall be established in accordance with the provisions of section 33-.0 of this o chanter. 11 ATTACHMENT C Draft: 10/11/12 Sec. 30.5.5 Permitted uses by right and by special use permit 30.5.5.2 Within the immediate environs of any stream designated in section 30.5.2, no person shall commence any use involving the construction of any structure, the cutting of any living tree over six (6) inches caliper measured at six (6) inches above ground level, or the grading or other like physical alterations of the immediate environs of such stream except as follows: (Amended 9 -9- 92) d. The following uses by special use permit only: 6. Bridges, causeways and other similar structures designed for pedestrian and/or vehicular access; provided that the board of supervisors shall find, by clear and convincing evidence, in addition to the findings r-equifed by seefien 31.2.4.1 factors to be considered under section 33.8, that: Article IV. Procedure Sec. 31.1 Designation of zoning administrator, authority The office of zoning administrator is hereby established, subject to the following: a. Authority. The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce this chapter. This authority includes, but is not limited to: Interpreting this chapter and the official zoning map; 2. Administering this chapter by making determinations and decisions on any matters arising under this chapter, including but not limited to, how a building, structure or use should be classified, whether a use is permitted within a particular zoning district, whether a proposed building or structure complies with setback, height, bulk and other requirements, whether a building, structure, use or lot is nonconforming, and whether a lot meets minimum lot size requirements. Ordering in writing the remedying of any use or structure determined to be in violation of this chapter; 4. Insuring compliance with this chapter, bringing legal action, including an action for (injunction, abatement, civil penalties or other appropriate action or proceeding subject to appeal as provided by Virginia Code § 15.2 -2311 and this chapter; 12 ATTACHMENT C Draft: 10/11/12 5. In specific cases, making findings of fact and, with concurrence of the county attorney, conclusions of law regarding determinations of rights under Virginia Code §§ 15.2 -2307 and 15.2- 2311(C); 6. Enforcing the provisions of this chapter regulating the number of persons permitted to occupy a single - family residential dwelling unit, provided such enforcement is in compliance with applicable local, state and federal fair housing laws; affd 7. Making decisions and determinations as to whether a pending site plan, subdivision plat, building permit application or any other application subject to review and approval by the county or the program authority complies with this chapter..; 8. Administering and enforcine proffers accented in coniunction with zoning man amendments including: (i) ordering in writing the remedying of any noncompliance with the proffers: (ii) insuring compliance with the proffers by bringing legal action, including an action for injunction abatement, or other appropriate action or proceeding: and (iii) requiring a guarantee in the form of a surety bond, letter of credit, cash deposit, or another form of guarantee determined to be acceptable by the county attorney, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the proffers, or a contract for the construction of the improvements and the contractor's guarantee, in like amount and so conditioned. which guarantee shall be reduced or released by the zoning administrator, upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part: and 9. Keeping and making available for public inspection a conditional zoning index. The index shall provide ready access to the proffers accepted in conjunction with a zoning map amendment and the regulations provided for in a particular zoning district or zone. The index also shall provide ready access to all proffered cash payments and expenditures disclosure reports prepared by the board of supervisors pursuant to Virginia Code § 15.2- 2303.2. The zoning administrator shall update the index annually and no later than November 30 of each year. b. Absence ofspecific authority not a limitation. The specific authority expressly granted to the zoning administrator in other sections of this chapter shall not be construed to be a limitation on the authority of the zoning administrator to administer and enforce those sections where specific authority is not expressed. State law reference —Va. Code SS 15.2- 2286(A)(4). (14). 15.2 -2299. 15.2 -2300 ELAW-1 M ME FOLIAMS—L". • WS1611 T�T.ElF7�.fTl7f_ 0A W1,01 MON# HOW, 6,90 LIM 13 ATTACHMENT C Draft: 10/11/12 An appliea4ion filed pufsean to seetion 31.6.2 above may be withdfawn upon wr-44en r-equest-by mg eonsider-ation of the fnat4er- on the meeting agenda. Upon r-eel of the request fo the bear-d. Substan4ially the same appliea4ion shall not be feeensider-ed within twelve (12) menths ef the d4e ef the withdrawal unless the bedy leensider-ing the applieation at the time of withdrawal speeifies that the time limitatien shall net apply. s tirsees�.. f�rs�r e�e!ss! sErss.r .... Now 1111111 W. 14 .. ji An appliea4ion filed pufsean to seetion 31.6.2 above may be withdfawn upon wr-44en r-equest-by mg eonsider-ation of the fnat4er- on the meeting agenda. Upon r-eel of the request fo the bear-d. Substan4ially the same appliea4ion shall not be feeensider-ed within twelve (12) menths ef the d4e ef the withdrawal unless the bedy leensider-ing the applieation at the time of withdrawal speeifies that the time limitatien shall net apply. s tirsees�.. f�rs�r e�e!ss! sErss.r .... Now 1111111 W. 14 ATTACHMENT C Draft: 10/11/12 K. - WHMIMP-Mism W06111 i 111111 M1111111" I I do I. M.. Pill i > > standards, > findings, tha4 the board shall net be te > findings in its deeision. > provide r-e"ir-ed make speeifie suppel4 E)f i Mill I 111 K. - WHMIMP-Mism W06111 i 111111 M1111111" I I do I. M.. Pill i 15 > > standards, > findings, tha4 the board shall net be te > findings in its deeision. > provide r-e"ir-ed make speeifie suppel4 E)f 15 ATTACHMENT C Draft: 10/11/12 . Conditions. in the board to 0. ap. - . �-ial exeeption, may impose r-e sonable eonditions address an See. 33.2.1 PFOPeFty OWReF petition By the f4lifig the beard d. Timefor A for- be by the boar-dvvithin (90) days- aetion. fequest a speeial the date the exeeption shall acted on ninety after- of fequest, or- conetiffently with a zoning map amendment, special use per-mit, or- site plan appeal, ReIgtiest. Each for- be the e. request a special exeeption shall made as provided ander- applieable section o this ehaptef, (Ord. 12 18(1), 2 4 1 2) Section 33 Zoning Text Amendments, Zoning Man Amendments, Special Use Permits and Special Exceptions Sec. 33.0 Amendments The boafd of super-visor-s may amend, supplement, of ehange the r-egulations in this ehapter-, or- the zoning Chapter- 22 of Title 15.2 of the Code 4V4-gi ... 950' amended, and the pl:ovisions and ptifposes of this as oetion (Amended 10 3 01) See. 33.1 Statement of purpose and inten 16 boundafy the that fof be initiated [Oil 10,11"M amendment shall Only See. 33.2.1 PFOPeFty OWReF petition By the f4lifig the beard land to be with of sttper�visor-s of a petition of any owner- er owfiers be tO the board be of pr-aposed rezoned-, fofm by 11 1 Nei mr-w I'll W- -.. ... �Iu 16 boundafy the that fof be initiated shown on adopted zoning map, pfovided pfoceedings any in the follow' amendment shall Only See. 33.2.1 PFOPeFty OWReF petition By the f4lifig the beard land to be with of sttper�visor-s of a petition of any owner- er owfiers be tO the board be of pr-aposed rezoned-, fofm by Whieh petitiOfl Shall addfeSSed of supen4sor-s a-ad shall on a ., fee of f6fth in eetion 35.0. (Amende c c 92) 33.2 .2 By motion of the .. standard and aeeompanied 16 ATTACHMENT C Draft: 10/11/12 ISO• .. ., may" PrI -- -- . •. ZLILLMI ISO• .. ., PrI ..� ISO• .. • . -m. =11111111112=11 17 Mai ., PrI • . -m. =11111111112=11 17 Mai ATTACHMENT C Draft: 10/11/12 ii 2 10 80; Ord. 03 18(2), Z 4 Q 03) See. 33.6 Limitation on filing new petition afteF original denial Upon the denial by the board of stipen,isers of any petition filed pur-siaafit to seetion 33.2.1 above, substafitia4y the same petition shall not be Feeefisider-ed within Owelve (12) mooths of the date of denial. See. 33.7 Withdi!awal of petitions A petit;,,„ slia i be , ithd -.,w of be deemed to be , it d -.,w as pfovided i . o,-o;n. a. A petition filed pidr-sidant to seetion 33,24 may be withdraw 1 r-e"est by the applieafit. , pfocessing of the petition shall eeasevvithout fuFtlief action by the commission of the boafd. Substanlia4y the safne petition shall not be feeefisider-ed within twelve (12) fnefiths of the date of withdFwwal tifiless the body eonsidefing the petition at the time of withdfawal speeifies that the tifne limitation shall not app4�-. (Amended 6 is 96. 10 3 04) b. if the applieant f-eqtieStS that 4114het: pr-eeessifig of f4mal aetion on the petition be indefinitely the petition shall be deemed to have been voluntafily withdfavvn by the petitionef if the eommission or- the board does not take aetion an the petition within twelve (1-2) Months after- the date the deferral was the petition is deemed to be withdfawn, the difeetof may gfant one extension of the defeffal pefied fo pefiod detemined to be reasonable, taking into considefation the size of natufe Of the pfoposed ttse, eompleXitt, of the r-eview, and the !a Is in effeet at the time the r-e"est for- e4ension is made. (Adde , 3-04-) See. 33.8 Posting of property 18 srs!�:�s�rrs . .�esrss:�ssssrs I IN ii 2 10 80; Ord. 03 18(2), Z 4 Q 03) See. 33.6 Limitation on filing new petition afteF original denial Upon the denial by the board of stipen,isers of any petition filed pur-siaafit to seetion 33.2.1 above, substafitia4y the same petition shall not be Feeefisider-ed within Owelve (12) mooths of the date of denial. See. 33.7 Withdi!awal of petitions A petit;,,„ slia i be , ithd -.,w of be deemed to be , it d -.,w as pfovided i . o,-o;n. a. A petition filed pidr-sidant to seetion 33,24 may be withdraw 1 r-e"est by the applieafit. , pfocessing of the petition shall eeasevvithout fuFtlief action by the commission of the boafd. Substanlia4y the safne petition shall not be feeefisider-ed within twelve (12) fnefiths of the date of withdFwwal tifiless the body eonsidefing the petition at the time of withdfawal speeifies that the tifne limitation shall not app4�-. (Amended 6 is 96. 10 3 04) b. if the applieant f-eqtieStS that 4114het: pr-eeessifig of f4mal aetion on the petition be indefinitely the petition shall be deemed to have been voluntafily withdfavvn by the petitionef if the eommission or- the board does not take aetion an the petition within twelve (1-2) Months after- the date the deferral was the petition is deemed to be withdfawn, the difeetof may gfant one extension of the defeffal pefied fo pefiod detemined to be reasonable, taking into considefation the size of natufe Of the pfoposed ttse, eompleXitt, of the r-eview, and the !a Is in effeet at the time the r-e"est for- e4ension is made. (Adde , 3-04-) See. 33.8 Posting of property 18 ATTACHMENT C Draft: 10/11/12 , r. NEW ��erse�sr .�s�r�sr�srsrr�:eer�:e� !Effl7�!!t!!!�'i F7Zi!T�!7:E19:�! �E IS Willi- Mill, - • •_ op III • ._ • ��erse�sr .�s�r�sr�srsrr�:eer�:e� 19 !Effl7�!!t!!!�'i F7Zi!T�!7:E19:�! �E IS Willi- Mill, - • •_ 19 ATTACHMENT C Draft: 10/11/12 Pfopesed amendmen4s shall be r-eviewed in regard to seefiens 1.4, Ptffpese a-ad lntea4; 1.5, Relationship to Envir-enmeft and 1.6, Rela4ienship to Comprehensive Plan; of this • PWR W.1 rrrzr.TPW. wMirsweval The purpose and intent of section 33 is to establish the procedural and substantive requirements and criteria for considering and acting on zoning text amendments, zoning map amendments, special use permits, except for those delegated by this chapter to the board of zoning appeals, and special exceptions. Sec. 33.2 Uniform requirements for the initiation of zoning text amendments and zoning man amendments The board of supervisors may amend, supplement, or change the zoning regulations. district boundaries, or classifications of property whenever the public necessity, convenience, general welfare, or good zoning practice requires. The initiation of this process shall be as follows. a. Initiation ofa zoning text amendment. Any zoning text amendment shall be initiated: (i) by resolution of the board of supervisors: or (ii) by motion or resolution of the commission. Any county officer or any other person may request that the board of supervisors or the commission initiate a zoning text amendment. The board of supervisors shall consider an owner - requested zoning text amendment at s ecified intervals of three (3) months on dates established by resolution of the board in January each b. Initiation ofa zoning man amendment. Any proposed zoning map amendment shall be initiated: (i) by resolution of the board of supervisors: (iil by motion or resolution of the commission: or (iiil by application of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor (collectively, the "owner") of the parcel(s) that is the subject of the proposed zoning map amendment ( "owner- initiated application "l. 1. Required signatures on owner - initiated application. Each owner - initiated application for a zoning map amendment shall be signed by the owner of each parcel that is the subject of the proposed zoning map amendment, provided that: 20 ATTACHMENT C Draft: 10/11/12 a. Amendments to existing proffers. An owner whose parcel is subiect to proffers may anal to amend the proffers applicable solely the owner's parcel, provided that written notice of the application is provided to the owners of other parcels subject to the same proffers under Virginia Code && 15.2- 2204(H) and 15.2 -2302. However, the signatures of the owners of the other parcels subject to the same proffers shall not be required b. Amendments to planned developments. An owner within an existing Dlanned development may apply for a zoning map amendment, and the signatures of any other owners within the planned development is required only if the amendment could result in or require: (i) a change in use, density or intensity on that parcel: (ii) a change to any regulation in a code of development that would apply to that parcel: (iii) a change to an owner's express obligation under a regulation in a code of development: or (iv) a change to the application plan that would apply to that parcel. 2. Documentation. The director of planning may require the applicant to submit documentation establishing ownership of any parcel and the authority of the signatory to sign the application on behalf of the owner. State law reference — Va. Code SS 15.2 -2285. 15.2- 2286(A) (4). (7) 15.2 -2302 Sec. 33.3 Uniform procedures for zoning text amendments and county- initiated zoning man amendments Each zoning text amendment and each county- initiated zoning map amendment shall be subject to the following: a. Determining completeness of the application for zoning man amendment: rejecting incomplete applications. An application that provides all of the information required by the director of planning shall be determined to be complete and be accepted for review and decision. b. Worksessions and community meetings. The director of planning is authorized to schedule worksessions before the board of supervisors, the commission and the architectural review board, if applicable and community meetings, as he determines to be appropriate. C. Public hearings. Before the board of supervisors acts on a zoning text amendment or a zoning man amendment, the commission shall hold at least one public hearing before making its recommendation to the board on each application. The board also shall hold at least one public hearing before acting on the zoning text amendment or zoning map amendment. d. Notice ofnublic hearings. Notice of public hearings shall be provided as follows: 1. Published and mailed notice. Notice of the public hearing before the commission and the board of supervisors on an application shall be provided as required by Virginia Code & 15.2 -2204 and Virginia Code & 15.2- 2285(C). 2. Posted notice. Notice of the public hearing before the commission and the board of supervisors on each application for a zoning map amendment shall be posted as provided in section 33.4(m)(2) to the extent those provisions are applicable in the context of the application. e. Time for decision. Decisions shall be made within the following periods. 21 ATTACHMENT C Draft: 10/11/12 1. By the commission. Once an annlication is determined to be complete as provided in subsection al, it shall be acted on by the commission within ninety (90) days following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning. The failure of the commission to make a recommendation on the application within the ninety (90) day period shall be deemed to be a recommendation of approval, unless the commission extends the ninety (90) day period. 2. By the board ofsupervisors. An application shall be acted on by the board of supervisors within a reasonable period as may be necessary not to exceed twelve (12) months following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, unless the board extends the twelve (121 month period. 3. Referral. The board of supervisors may refer an application to the commission after the commission has made a recommendation or the application has been deemed to be recommended for approval, provided that further action by the commission and action by the board is within the twelve (12) month period provided in subsection (e)(2), unless the twelve (12) month period is extended. f. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(F)A, State law reference — Va. Code SS 15.2 -2204, 15.2 -2285. 15.2- 2286(Al (4) (71. See, 33.4 Uniform procedures for owner - initiated zoning man amendments and special use Hermits Each application for an owner - initiated zoning map amendment or special use permit, except for those delegated by this chapter to the board of zoning appeals under section 4.15.5, shall be subject to the following: a. Pre-application meeting. The director of planning is authorized to require a pre - application meeting with any applicant, to require that the applicant complete and submit information on county- provided forms before submitting an application, and to establish procedures for responding to the information submitted by the applicant (collectively, the "pre - application meeting "), subject to the following: 1. Purposes for a meeting. The p=oses for a pre - application meeting are to allow the director to understand the p=ose for the application, to identify the planning and zoning issues raised by the application, and to allow the director to identify what supplemental information delineated in subsection (c) the applicant must submit with the application. Receiving the relevant supplemental information will allow the application to be comprehensively and efficiently reviewed. 2. Factors to consider in reauiring meeting. A pre - annlication meeting shall be held unless the director, in his discretion, decides that the meeting would not achieve the purposes for the meeting upon considering the following: (i) whether the proposed use, the proposed density. the proposed zoning district, and other considerations he determines to be relevant under sound zoning principles do not warrant a pre - application meeting: (ii) whether the supplemental information delineated in subsection (c) can be identified without the meeting: (iii) whether the application would be one of a recurring nature for which the required information and the issues raised are well- established either for the proposed application: or (iv) whether the application raises any complex issues that create the need for the meeting. 22 ATTACHMENT C Draft: 10/11/12 b. Applications. Each application shall be composed of a completed county- provided application form and supplemental information (collectively, the "application") required to review and act on the application. 1. Application forms. The director of planning is authorized to establish appropriate application forms for zoning man amendments and special use permits. The application form shall delineate the supplemental information required to be provided. as set forth in subsection 2. When supplemental information may be reauired: establish or amend conventional zonin districts: amend planned development districts: obtain or amend special use permits. For each application for a zoning map amendment to establish or amend a conventional zoning distri ct, to amend a planned development district, and for each application to obtain or amend a special use permit, the director of planning may require some or all of the supplemental information delineated in subsection (c) to be submitted with each application. In determining what supplemental information must be submitted, the director shall consider the proposed use, the proposed density. the proposed zoning district, and other considerations he determines to be relevant under sound zoning principles. 3. When supplemental information required: establish planned development districts. Each application to establish a planned development district shall submit all of the supplemental information delineated in subsection (c). C. Elements of the supplemental information. The supplemental information is the following: 1. Proiect proposal. A narrative of the Proiect proposal. including its public need or benefit: an application to establish a neighborhood model district shall include a statement describing how the proposed district satisfies the intent of this chapter and if one or more characteristics of the neighborhood model delineated in section 20A.1 are missing from an application, the applicant shall justify why any characteristics cannot or should not be provided. 2. Comprehensive plan. A narrative of the proposed project's consistency with the comprehensive lan, including the land use plan and the master plan for the applicable development area: an application to establish a neighborhood model district also shall include a narrative as to the project's consistency with the neighborhood model. 3. Impacts on public facilities and infrastructure. A narrative of the proposed project's impacts on public facilities and public infrastructure. 4. Impacts on environmental features. A narrative of the proposed project's impacts on environmental features. 5. Proposed proffers to address impacts. A narrative of the proffers proposed to address impacts from the proposed Proiect. 6. Maps. One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions: if the Project is to amend an existing planned development district and the proposed amendment would affect less area than the entire district, the applicant shall submit a map showing the entire existing planned development district and identifying any area to be added to or deleted from the district, or identifying the area to which the amended 23 ATTACHMENT C Draft: 10/11/12 application plan, code of development. Droffers or any special use permit or special exception would apply. 7. Conceptual elan for zoning man amendments for conventional districts and special use hermits. For an application for a zoning map amendment to establish a conventional zoning district or a special use permit, a conceptual plan showing, as applicable: (i) the street network. including circulation within the project and connections to existing and proposed or planned streets within and outside of the project: (ii) typical cross - sections to show proportions. scale and streetscape /cross - sections /circulation: (iii) the general location of pedestrian and bicycle facilities: iv) building envelopes: (v) parking envelopes: (vi) public spaces and amenities: (vii) areas to be designated as conservation and/or preservation areas: (viii) conceptual stormwater detention facility locations: and (ix) conceptual grading. 8. Application plan for zoning man amendments for planned development districts. For an application to establish a planned development zoning district or to amend an approved application plan for an existing planned development district, an application plan showing, as applicable: (i) the street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project: (ii) typical cross - sections to show proportions, scale and streetscape/cross- sections /circulation: (iii) the general location of pedestrian and bicycle facilities: (iv) building envelopes: (v) parking envelopes: (vi) public spaces and amenities: (vii) areas to be designated as conservation and/or preservation areas: (viii) conceptual stormwater detention facility locations: (ix) conceptual grading: (x) a use table delineating use types, the number of dwelling units, non - residential square footage, building stories and/or heights, build -to lines, setbacks and yards, and other features; _(xi ) topography. using the county's geographic information system or better topographical information, and the source of the topographical information, supplemented where necessary by spot elevations and areas of the site where there are existing critical slopes: (xii) the general layout for water and sewer systems: (xiii) the location of central features or major elements within the project essential to the design of the project, such as major employment areas, parking areas and structures civic areas, parks, open space, green spaces, amenities and recreation areas: (xiv) standards of development including proposed yards, open space characteristics, and any landscape or architectural characteristics related to scale, proportions, and massing at the edge of the district xv) a conceptual lot layout: and (xvi) if the application is to establish a neighborhood model district, the location of proposed green spaces and amenities as provided in section 20A.9. 9. Code ofdevelopment in a proposed neighborhood model district. An application to establish a neighborhood model district shall include a code of development satisfying the requirements of section 20A.5. 10. Parking and loading needs study in a proposed neighborhood model district. An application to establish a neighborhood model district shall include a parking and loading needs study that demonstrates parking needs and requirements and includes strategies for dealing with these needs and requirements, including phasing plans, narking alternatives as provided in section 4.12.8 and transportation demand management strategies as provided in section 4.12.12: provided that the applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning man amendment. 11. Stormwater management in a proposed neighborhood model district. An application to establish a neighborhood model district shall include strategies for establishing shared stormwater 24 ATTACHMENT C Draft: 10/11/12 management facilities, off -site stormwater management facilities, and the proposed phasing of the establishment of stormwater management facilities. 12. Traffic impact statement. For zoning map amendments a local traffic impact statement as required by Virginia Code & 15.2- 2222.1 and 24 VAC 30- 155 -40. 13. Recorded plat or boundary survey. The most recently recorded plat of the parcel(s) composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed project, both of which shall include a metes and bounds description of the boundaries. 14. Ownership information. Documents that verify the identity of all record title owners of the parcel(s) composing the proposed project and documents identifying the authorized signatories of the application, the proffer statement, if applicable, and all other related documents. 15. Contact person. The name, address, telephone number and e -mail address of a single contact person for communications between the county and the applicant. 16. Other information. Other special studies or documentation, if applicable, and any other information identified as necessary by the county on the pre - application comment form. d. Payment of delinquent taxes. The applicant shall provide satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the county and have been properly assessed against the subject property, have been paid. e. Filing the application: number of copies. The owner, the owner's agent, or a contract purchaser with the owner's written consent (the "applicant ") may file the application with the department of community development. The director of planning is authorized to establish for each class of application the number of collated copies of the application required to be filed. f. Determining completeness of the application: rejecting incomplete applications. An application that provides all of the required information shall be determined to be complete and be accented for review and decision. An application omitting any required information shall be deemed to be incomplete and shall not be accepted. 1. Timing ofdetermination of completeness. The director of planning shall determine whether an application is complete within ten (10) days after the application was received. 2. Procedure if application is incomplete. The director of planning shall inform the applicant by letter explaining the reasons why the application was rejected as being incomplete. The letter shall be sent by first class mail, be personally delivered or, if consented to by the applicant in writing, by fax or email. 3. Effect if timely determination not made. If the director of planning does not send or deliver the notice as provided in subsection (f)(2) within the ten (14) day period, the application shall be deemed to be complete, provided that the director may require the applicant to later provide the omitted information within a period specified by the director, and further provided that the director may reject the application as provided herein if the applicant fails to timely provide the omitted information. 25 ATTACHMENT C Draft: 10/11/12 4. Notice to other owners of annlication for zoning man amendment to amend existing proffers. Within ten (10) days after an application for a zoning man amendment seeking to amend existing proffers is determined to be complete, written notice of the proposed amendment shall be provided to each owner subject to the same proffers as required by Virginia Code && 2204(H) and and 15.2 -2302. g. Payment of fees. When an application is determined to be complete, the applicant shall pay the fee required by section 35.1 before the application is further processed. h. Resubmittal of annlication originally determined to be incomplete. Within six (6) months after the date the letter that an application was rejected as being incomplete was mailed, faxed, emailed or delivered by the director of planning as provided in subsection (fl(2), the applicant may resubmit the application with all of the information required by subsections (b) and (c) for a new determination of completeness under subsection (fl. i. Worksessions. For any application, the director of planning may schedule worksessions before the board of supervisors, the commission. and the architectural review board, if applicable, as he determines to be appropriate considering the nature of the approval requested, the acreage affected, the possible impacts that could result from an approved application, and any other factors deemed relevant upon applying sound zoning principles. subject to the following: 1. Purposes for a worksession. The purposes for a worksession are to familiarize the boards or the commission with the application, to discuss issues of concern and obtain direction on those issues and if allowed by the boards or the commission, to receive public comments to learn of additional possible issues of concern. 2. When applicant's consent required. The applicant's consent to a worksession shall be required if the worksession would extend the time for action by the commission or the board beyond the deadlines in subsection (n l. j. Community meetings. For any application, the director of planning may schedule community meetings as he determines to be appropriate considering the nature of the approval requested, the acreage affected. the possible impacts that could result from an approved application, and any other factors deemed relevant upon applying sound zoning principles, subject to the following: 1. Purpose for a meeting. The p=ose for a community meeting is to provide interested members of the public information about the proposed project and to allow them to ask questions about the proposed project. 2. Factors to consider in reauiding meeting. A communitv meeting shall be held unless the director in his discretion, decides that the meeting would not achieve the P=ose for the meeting upon considering the following: (i) whether the application would be likely to generate any public concerns: or (ii) whether the applicant has already held one or more community meetings regarding the application so as to make a community meeting under this subsection unnecessary. 3. Guidelines. The director of planning is authorized to establish written guidelines pertaining to which applications should have community meetings, when in the process community meetings 26 ATTACHMENT C Draft: 10/11/12 should be conducted, and how a community meeting should be conducted including, but not limited to, how and to whom notice should be provided for community meetings, which notice may include posting_ signs at the site before the meeting_, who should schedule and lead the meeting, the format of the meeting, and how the issues identified at the meeting should be documented. 4. When applicant's consent required. The applicant's consent to a community meeting shall be required if the community meeting would extend the time for action by the commission or the board beyond the deadlines in subsection (nl. k. Review ofstaffcomments. Upon request by the applicant. the director of planning shall meet with the applicant to review comments to the application made by county staff, 1. Public hearings. Before the board of supervisors acts on a zoning map amendment or a special use ermit. the commission shall hold at least one public hearing before making its recommendation to the board on each application. The board shall hold at least one public hearing before approving an application. In. Notice of public hearings. Notice of public hearings shall be provided as follows: 1. Published and mailed notice. Notice of the public hearing before the commission and the board of supervisors on an application shall be provided as required by Virginia Code & 15.2 -2204: for zoning map amendments, as also provided by Virginia Code & 15.2- 2285(C): and, for zoning map amendments seeking to amend an existing planned development district, written notice of the proposed amendment also shall be provided to the owner of each parcel within the planned development district and the substance of that notice shall be as required by Virginia Code -& 15.2- 2204(B). paragraph 1, regardless of the number of parcels affected. 2. Posted notice. Notice of the public hearing before the commission and the board of supervisors on each application shall be posted, as follows: a. When sign must be posted. The sign shall be posted by the zoning administrator at least twenty -one (2 1) days before the commission's public hearing_ on the application and shall remain posted until the board of supervisors has acted on the application or the application has been withdrawn. b. Where sign to be located. The sign shall be erected within ten (10) feet of each bounda line of the parcel(s) that abuts a street and shall be so placed as to be clearly visible from the street. If more than one street abuts the parcel(s), then either: (1) a sign shall be erected in the same manner as above for each abutting street: or (21 if the area of the parcel(s) to be used if the application was granted is confined to a particular portion of the parcel(s), a sign erected in the same manner as above for the abutting street that is in closest proximity to, or would be impacted bv, the proposed use. A sign need not be posted along Interstate 64 or along any abutting street if the sign would not be visible from that street. If no street abuts the parcel(s), then signs shall be erected in the same manner as above on at least two boundaries of the parcel(s) abutting land not owned by the applicant in locations that are most conspicuous to the public. The filing of the application shall be deemed to grant consent to the zoning administrator to enter the parcel(s) to erect the signs. 27 ATTACHMENT C Draft: 10/11/12 C. Content ofsign. Each sign shall state that the parcel(s) is subject to a public hearing and explain how to obtain additional information about the public hearing. d. Maintaining the sign. The applicant shall diligently protect each sign from vandalism and theft, maintain each sign in an erect position in its posted location, and ensure that each sign remains legible. The failure of an applicant to comply with these responsibilities may be cause for the commission or the board of supervisors to defer action on an application until there is reasonable compliance with this subsection. e. Ownership ofsign: violation for removing or tampering with sign. Each sign is the property of the board of supervisors. It shall be unlawful for any person to remove or tamper with any sign, except the applicant performing maintenance required by this subsection or the zoning administrator. f. Effect of failure to comply. If the requirements of this subsection to post notice are not complied with: 1. Prior to action by board. The board of supervisors may defer taking action on an application if it finds that the failure to comply with this subsection materially deprived the public of reasonable notice of the public hearing. 2. Action not invalid. No action on an application shall be declared invalid solely because of the failure to post notice as required by this subsection. n. Time for decision. Each application shall be acted on as follows: 1. By the planning commission. An application shall be acted on by the commission within nine (90) days following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning. The failure of the commission to make a recommendation on the application within the ninety (901 day period shall be deemed to be a recommendation of approval unless the applicant requests or consents to the ninety (90) day period being extended. 2. By the board ofsupervisors. An application shall be acted on by the board of supervisors within a reasonable period as may be necessary not to exceed twelve (12) months following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, unless the ap_ plicant requests or consents to the twelve (12) month period being extended. 3. Tolling. The period in which action is required by the commission or the board of supervisors shall be tolled during any period in which the applicant has requested that the review of the application be suspended or the public hearings or action thereon be deferred or continued. 4. Referral. The board of supervisors may refer an application to the commission after the commission has made a recommendation or the application has been deemed to be recommended for approval, provided that further action by the commission and action by the board of supervisors is within twelve (12) months following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, unless the applicant requests or consents to the twelve (12) month period being extended. 28 ATTACHMENT C Draft: 10/11/12 o. Recommendation by commission. The commission shall either recommend approval of the application as proposed, approval subject to changes being made prior to action by the board of supervisors. or disapproval. For any application for a zoning map amendment the commission's recommendation also should include its recommendations on proposed proffers and, for any application to establish or amend a planned development district. its recommendations on the application plan, the standards of development. the code of development, and any special exception requested by the applicant under section 8.2. For any_ application for a special use permit, the commission's recommendation should include its recommendations on the proposed conditions. P. Action by the board ofsunervisors. The board of supervisors may either approve or deny the application. or defer action to allow changes to be made prior to final action by the board. Intensification of use classification prohibited without additional notice and hearing. No land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice is provided as required by Virginia Code & S 15.2 -2204 and 15.2- 2285(Cl. r. Withdrawal of annlication. An application may be withdrawn, or be deemed to be withdrawn, as provided herein: 1. Reauest to withdraw by applicant. An application may be withdrawn upon written reauest by the applicant. The written request must be received by the body considering the application prior to it beginning consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without further action by the commission or the board of supervisors. An applicant may not submit an application that is substantially the same as the withdrawn application within one (1) year of the date of withdrawal unless the body considering the application at the time of withdrawal specifies that the time limitation shall not apply. 2. When annlication deemed withdrawn. An annlication shall be deemed to have been voluntaril withdrawn if the applicant requested that further processing or formal action on the application be indefinitely deferred and the commission or the board of supervisors is not requested by the applicant to take action on the application within one (1) year after the date the deferral was requested. Upon written request received by the director of planning before the one (11 year period expires, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed use, the complexity of the review, and the laws in effect at the time the request for extension is made. S. Resubmittal ofsimilar denied application. An applicant may not submit an application that is substantially the same as the denied application within one (1) year after the date of the denial. t. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(F1. State law reference — Va. Code && 15.2 -2204. 15.2 -2285. 15.2- 2286(A)(3). (4). (7). (Bl. Sec. 33.5 Uniform procedures for special exceptions Each application for a special exception shall be subject to the following: 29 ATTACHMENT C Draft: 10/11/12 a. Matters reauirino a special exception. Notwithstanding anv other section of this chanter: 1. Any request for a waiver, modification, variation or substitution permitted by this chanter shall be considered and acted upon by the board of supervisors, provided that no special exception shall be required for the development and construction of residential dwellings at the use, height and density permitted by right in the applicable zoning district as provided by Virginia Code & 15.2- 2288.1. 2. Any requirement for a decision by the commission required by this chapter shall be considered and acted upon by the board of supervisors. For the purposes of this section, a decision by the commission does not include the consideration and action by the commission on a preliminary or final site plan under section 32 of this chapter or any variation or exception provided in section 32. b. Avvlication. Each annlication for a special exception shall be made as Drovided bv. and include the information required bv, the applicable section of this chapter authorizing the waiver, modification, variation or substitution. An application shall be deemed to be officially submitted when the applicant has submitted all of the required information as determined by the director of planning. c. Public hearings. Before the board of supervisors acts on a special exception that would increase by greater than fifty (50) percent the bulk or height of an existing or proposed building within one -half mile of an adjoining locality, the commission shall hold at least one public hearing before making its recommendation to the board on each application. The board shall hold at least one public hearing before approving an application. d. Notice of public hearings. Notice of public hearing before the commission and the board of supervisors on an application for which a public hearing is required under subsection (c) shall be provided as required by Virginia Code & 15.2- 2204(Cl. e. Time for decision. Each application for a special exception shall be acted on by the board of supervisors within ninety (90) days following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning. or concurrently with a zoning map amendment, special use permit, or site plan appeal, whichever is longer. f. Recommendation by planning commission. For those applications considered by the commission, the commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the board of supervisors, or disapproval. The commission's recommendation should include its recommendations on the proposed conditions. g. Action by the board ofsuvervisors. The board of supervisors may either approve the application, either with or without the conditions recommended by the commission, if applicable, or otherwise, deny the application, or defer action to allow changes to be made prior to final action by the board. h. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(F1. State law reference — Va. Code & 15.2- 2286(A)(3). 15.2- 2288.1 Sec. 33.6 Zoning text amendments and zoning map amendments: relevant factors to be considered: effect of approval 30 ATTACHMENT C Draft: 10/11/12 A zoning text amendment or a zoning man amendment shall be subject to the following: a. Basis to act. The board of supervisors may amend, supplement, or change the zoning regulations, district boundaries, or classifications of property whenever the public necessity, convenience, general welfare. or good zoning practice requires. The commission shall consider these bases when making a recommendation on an application. b. Factors to be considered when acting. The commission and the board of supervisors shall reasonabl consider the following factors when they are reviewing and acting upon zoning text amendments and zoning map amendments: (i) the existing use and character of property: (ii) the comprehensive plan: (jW the suitability of property for various uses: (iv) the trends of growth or change: (v) the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies: (vi) the transportation requirements of the community: (vii) the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services: (viiil the conservation of natural resources: (ix) the preservation of flood plains: (x) the protection of life and property from impounding structure failures: (xi) the preservation of agricultural and forestal land: (xiil the conservation of properties and their values: and (xiii) the encouragement of the most appropriate use of land throughout the county. 1. Additional factors to be considered when acting: application to establish planned development district. In addition to the other factors relevant to the consideration of a zoning map amendment the commission and the board of supervisors shall consider the following when reviewing an application to establish a planned development district: (i) whether the proposed planned development satisfies the V=ose and intent of the planned development district: (ii) whether the area proposed to be rezoned is appropriate for a planned development under the comprehensive plan: and (iii) the relation of the proposed planned development to major roads, utilities, public facilities and services. 2. Additional factors to be considered when acting: annlication to amend existing planned development district. In addition to the other factors relevant to the consideration of a zoning map amendment, including those in subsections (b) and (b)(1), the commission and the board of supervisors shall consider the following when reviewing an application to amend an existing planned development district: (i) whether the proposed amendment reduces maintains or enhances the elements of a planned development set forth in section 8.3: and (ii) the extent to which the proposed amendment impacts the other parcels within the planned development district. C. Effect of approval. The board of supervisors' approval of a zoning map amendment shall constitute acceptance of the proffers and also, for any application to establish or amend a planned development district, approval of the application plan, all standards of development. the code of development, and any waivers or modifications it has approved by special exception as provided under section 8.2. The zoning district designation, the accepted proffers, and, if applicable, the approved application plan, standards of development, and code of development, and, if applicable, the special exception shall be included as part of the zoning regulations applicable to parcel(s) that were the subject of the zoning may amendment. Sec. 33.7 Owner- initiated zoning map amendments: authority to accept proffers 31 ATTACHMENT C Draft: 10/11/12 The board of supervisors is authorized to accent proffers pursuant to Virginia Code & 15.2 -2303 in conjunction with owner - initiated zoning map amendments as follows: a. Purvose. Proffers are conditions that are intended to provide for the protection of the communitv that are not generally applicable to land similarly zoned. Accordingly, proffers are reasonable conditions that are in addition to the regulations provided for the zoning district under this chapter. b. Form. Proffers shall be in writing and in a form that is approved by the county attorney. The director of planning is authorized to provide applicants with a proffer statement form. C. Timing ofsubmittal. Proffers, signed by the owner of all parcels subject to the zoning map amendment . shall be submitted to the department of community development prior to the public hearing before the board of supervisors on the proposed public hearing. The director of planning is authorized to establish written guidelines that require signed proffers to be submitted a reasonable period of time prior to the public hearing so as to allow the county and members of the public a reasonable period of time to review the proffers. d. Amendments to proposed proffers after public hearing has begun. The board of supervisors may accept. in its sole discretion, amended proffers once the public hearing on the zoning man amendment has begun if it concludes that the amended proffers do not materially affect the overall proposal. e. Effect ofproffers once accepted. Once proffered and accepted by the board of supervisors in conjunction with an approved zoning map amendment, the proffers shall continue in effect until a subsequent zoning map amendment changes the zoning of the parcel(s) subject to the proffers: provided that the proffers shall continue in effect if the subsequent zoning map amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. f. Subsequent amendments to proffers. Once accepted by the board of supervisors in conjunction with an approved zoning map amendment, proffers may be amended only by an owner - initiated zoning map amendment as provided in sections 33.4. 33.6 and this section. The board is authorized to waive, in its sole discretion, the requirement for a public hearing on an application to amend the proffers if it concludes that the proposed amendments do not pertain to conditions affecting use or density and. if applicable, the notice required by section 33.4(fl(4) was provided. State law reference — Va. Code §§ 15.2 -2296, 15.2 -2302, 15.2 -2303. Sec. 33.8 Special use permits: relevant factors to be considered: conditions: revocation Special use permits shall be subject to the following: a. Factors to be considered when acting. The commission and the board of supervisors shall reasonably consider the following factors when they are reviewing and acting upon an application for a special use >1 eft: 1. No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots. 2. Character of district unchanged. The character of the district will not be changed by the proposed special use. 32 ATTACHMENT C Draft: 10/11/12 3. Harmony. The proposed special use will be in harmony with the pumose and intent of this chapter, with the uses permitted by right in the district, with the regulations provided in section 5 as applicable, and with the public health, safety and general welfare. 4. Consistency with comprehensive plan. The use will be consistent with the comprehensive plan. b. Conditions. The commission may recommend, and the board of supervisors may impose, conditions upon the special use to address impacts arising from the use in order to protect the public health. safety or welfare. The conditions may pertain to, but are not limited to, the following: 1. The prevention or minimization of smoke. dust. noise. traffic congestion. flood and/or other hazardous, deleterious or otherwise undesirable substances or conditions. 2. The provision of adequate police and fire protection. 3. The provision of adequate improvements pertaining to transportation, water, sewage, drainage, recreation, landscaping and/or screening or buffering. 4. The establishment of special requirements relating to building setbacks, front, side and rear yards . off - street parking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building heights, and other particular aspects of occupancy or use. 5. The period by which the use must begin or the construction of any structure required for the use must commence. 6. The materials and methods of construction or specific design features, provided such a condition for residential uses shall comply with subsection (cl. C. Conditions related to residential uses. Any conditions imposed in connection with residential special use permits: (i) shall be consistent with the objective of providing affordable housing if the applicant proposes affordable housing: and (ii) shall consider the impact of the conditions on the affordability of housing where the conditions specify the materials and methods of construction or specific design features. d. Conditions deemed to be essential and nonseverable. Except as the board of supervisors may specify in a articular case, any condition imposed on a special use shall be deemed to be essential and nonseverable from the permit itself and any condition determined to be invalid void or unlawful shall invalidate the special use permit. e. Revocation for noncompliance with conditions. A snecial use permit may be revoked by the board of supervisors after a public hearing if the board determines that there has not been compliance with the conditions of the permit. Notice of the public hearing shall be as provided in Virginia Code & 15.2 -2204 provided that the written notice provided by the board of supervisors to the owners, their agents. or the occupants of abutting parcels and parcels immediately across the street from the parcel(s) subject to the special use permit, the board of supervisors may be given by first -class mail rather than by registered or certified mail. State law reference — Va. Code &S 15.2- 2286(A)(3). 15.2- 2309(71. Sec. 33.9 Special exceptions: relevant factors to be considered: conditions 33 ATTACHMENT C Draft: 10/11/12 Special exceptions shall be subject to the following: a. Factors to be considered when acting. In acting upon a special exception, the board of supervisors shall consider the factors, standards, criteria, and findings, however denominated, in the applicable sections of this chapter, provided that the board shall not be required to make specific findings in support of its decision. b. Conditions. In approving a special exception, the board of supervisors may impose reasonable conditions to address any possible impacts of the special exception. Sec. 34.4 Application for variances Appliea4ien for varianees may be made by any pr-apefty owner-, tenant, gavefamefft offieial, department, board of btir-eft Any owner may apply for a variance. Stieh The application shall be made to the zoning administrator in accordance with the provisions of this section and with rules adopted by the board of zoning appeals. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board of zoning appeals who shall place the matter on the docket to be acted on by the board of zoning appeals. No sly variance shall be authorized except after notice and hearing is provided as required by seetien 15.2 2204 of the rode Virginia Code _§ 15.2 -2204. The zening ^d. mist..^ r- shall also tFanstnit ^ eepy of ° The owner shall provide satisfactory evidence that any delinquent real estate taxes nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject propem that are owed to the county and have been properly assessed against the subject property, have been paid. State law reference — Va. Code &S 15.2- 2286(BL 15.2 -2309. Sec. 35.1 Fees Each applicant shall pay the following applicable fees, provided that neither the county nor the county school board shall be required to pay any fee if it is the applicant: a. Zoning text amendments: $1000.00 b. Zoning map amendments: 1. Less than 50 acres; application and first resubmission: $2500.00 2. Less than 50 acres; each additional resubmission: $1250.00 3. 50 acres or greater; application and first resubmission: $3500.00 4. 50 acres or greater; each additional resubmission: $1750.00 5. Deferral of scheduled public hearing at applicant's request: $180.00 C. Special use permits: 1. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation Class B, to amend existing special use permit, or to extend existing special use permit; application and first resubmission: $1000.00 2. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation class B, to amend existing special use permit, or to extend existing special use permit; each additional resubmission: $500.00 3. Signs reviewed by the board of zoning appeals: See subsection 35.1(f) 34 ATTACHMENT C Draft: 10/11/12 4. All other special use permits; application and first resubmission: $2000.00 5. All other special use permits; each additional resubmission: $1000.00 6. Deferral of scheduled public hearing at applicant's request: $180.00 7. Farmers' markets without an existing commercial entrance approved by the Virginia Department of Transportation or without existing and adequate parking - $490.00 8. Farmers' markets with an existing commercial entrance approved by the Virginia Department of Transportation and with existing and adequate parking - $110.00 d. Site plans: 1. Preliminary site plans; administrative review: $1200.00 plus $15 per dwelling unit and $0.015 per square foot of nonresidential structure 2. Preliminary site plans; planning commission review: $1800.00 plus $15 per dwelling unit and $0.015 per square foot of nonresidential structure 3. Final site plans; administrative review: $1500.00 4. Final site plans; planning commission review: $2000.00 5. Waiver of drawing of site plan under section 32.2: $1500.00 6. Site plan amendments under section 32.3.8 ¶2: $500.00 (minor); $100.00 (letter of revision) 7. All other site plan amendments (major): $1500.00 8. Appeals to the board of supervisors under section 32.4.2.7: $240.00 9. Reinstatement of review under section 32.4.2.1: $240.00 10. Reinstatement of review under section 32.4.2.4: $80.00 11. Extension of period of validity: $475.00 12. Inspections pertaining to secured site plan improvements; per inspection: $280.00 13. Deferral of scheduled public meeting at applicant's request: $180.00 e. Certificates of appropriateness considered by the architectural review board ( "ARB "): 1. For a site plan; per review by the ARB: $1000.00 2. For a building permit; per review by the ARB: $590.00 3. Amendment to approved certificate of appropriateness: $225.00 Matters considered by the board of zoning appeals: 1. Variances: $500.00 2. Appeals: $240.00 3. Special use permits for signs under section 4.15.5: $500.00 g Matters considered by the zoning administrator or other officials: 1. Official determinations regarding compliance: $185.00 2. All other official determinations, including development rights: $100.00 3. Zoning clearance for tourist lodging: $100.00 4. Zoning clearance for a home occupation, class A, a major home occupation, or a minor home occupation: $25.00 5. Zoning clearance for temporary fundraising activity: No fee 6. All other zoning clearances: $50.00 7. Sign permits under section 4.15.4; no ARB review required: $25.00 8. Sign permits under section 4.15.4; ARB review required: $120.00 h. Groundwater assessments: 1. Tier 1 assessment under section 17 -401: $50.00 2. Tier 3 assessment under section 17 -403: $510.00 3. Tier 4 assessment under section 17 -404: $1100.00 35 ATTACHMENT C Draft: 10/11/12 i. Miscellaneous: 1. Change in name of development or change in name of street: $80.00 2. Relief from conditions of approval; modification or waiver of requirements: $425.00 3. Tier II personal wireless service facilities: $1820.00 j. Required notice: 1. Preparing and mailing or delivering up to fifty (50) notices: $200.00, except for uses under sections 5.1.47 and 5.2A, for which there shall be no fee. 2. Preparing and mailing or delivering, per notice more than fifty (50): $1.00 plus the actual cost of first class postage. 3. Published notice: cost based on a cost quote from the publisher, except for farmers' markets under section 35.1(c)(7) and (8) for which there shall be no fee. The fee shall be in the form of cash or a check payable to the "County of Albemarle." An application presented without the required fee shall not be deemed to be submitted and shall not be processed, provided that for applications for zonine man amendments and special use Dermits. the fee shall be Daid when the application is determined to be complete. If the zoning administrator determines after a fee has been paid that the review and approval to which the fee pertains is not required to establish the use or structure, the fee shall be refunded to the applicant in full. This ordinance shall be effective on and after March 1, 2013. 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 AveNay Mr. Boyd Mr. Dumler Ms. Mallek Mr. Rooker Mr. Snow Mr. Thomas Clerk, Board of County Supervisors 36 ATTACHMENT E Legislative Review Process Changes (Changes as compared to current process in black) Exploratory /I nformation Gathering Meetings; PC Pre -app Meeting (Optional) Follow -up Meeting with Staff (Optional) and /or Pre -app Work Session with Planning Commission (Optional) ATTACHMENT F PRE - APPLICATION PROCESS - PROCESS CONCEPT OUTLINE Exploratory /Information Gathering Meetings • Anticipate will continue to be regularly used by prospective applicants and staff to exchange information regarding proposals and review processes. • Anticipate will be held prior to scheduling of a required pre - application meeting to determine if the scope, scale and complexity of the prospective project requires a pre -app meeting. Also provides opportunity to determine if applicant desires a pre - application work session with the Planning Commission. Required Pre - Application Meeting • It is anticipated that for some prospective projects it will be determined during the exploratory /information gathering meetings that a pre -app meeting will not be required when: - The scope /level of complexity does not warrant the required pre -app meeting. - The exploratory /info gathering meetings will have provided the opportunity to exchange relevant information prior to application submittal. • Necessary for newly proposed Planned Development, ZMAs /SPs that create a significant change in land use intensity or otherwise could have significant or unique impacts to the community or significant resources. • Timed to take be scheduled when the location, concept and scope of the project are known and the applicant is working on a specific application for submittal. • It is estimated that the required pre -app meeting process will take about 25 days from request for meeting to distribution of written comments after meeting; time needed for: - Submittal of pre -app material from applicant approximately 2 weeks before pre -app meeting. - Distribution of information from applicant to relevant reviewing departments and agencies for review prior to pre -app meeting. - Hold meeting on Monday afternoons (as currently). - Allow time for review /response to any follow -up questions from meeting. Revise /finalize comments as necessary and forward to applicant (no more than 10 days after meeting); • Information to be provided by applicant: - Completed pre -app checklist as provided by County. - Narrative of the proposal describing the proposed use, density /intensity of development, location and size of property, etc. - If determined necessary for staff to provide appropriate guidance, sketch plan of project showing very basic generalized layout of proposed development (build and no- build areas, road access points, etc.). Information provided will depend on project scope. Community Meetings • To inform the community about the project, County policies related to the project, the review process and allow for dialogue (questions /comments on project). • The need for community meetings will be determined in the pre -app process. • It is anticipated that some projects, particularly in the Rural Areas, will not need a community meeting. • Need for community meeting based on complexity of project, potential impacts to area (major changes to land use, traffic patterns, etc.). • May be waived if there are no major issues relevant to neighborhood /area or community meetings or the equivalent have already been held. • May utilize Master Plan Citizen Advisory Councils for neighborhood meeting /meeting location with notification of adjacent property owners and appropriate HOAs or neighborhood association. ATTACHMENT D Draft: 08/1-310 /11/12 ORDINANCE NO. 12 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE 11, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE, 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 I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, and Article IV, Procedure, are hereby amended and reordained as follows: By Amending: Sec. 3.1 Definitions Sec. 4.15.5 Signs authorized by special use permit Sec. 4.8.1 Determinations concerning unspecified uses Sec. 10.5.2 Where permitted by special use permit Sec. 20.1 Intent, where permitted Sec. 20.2 Application Sec. 30.1.2 Application Sec. 31.1 Designation of zoning administrator, authority Sec. 34.4 Application for variances Sec. 35.1 Fees By Amending and Renaming: Old New Sec. 1.7 Official zoning map Zoning map Sec. 30.5.5 Permitted uses by right and special permit Permitted uses by right and by special use permit By Repealing: Sec. 1.9 Application for land use permit; payment of delinquent taxes Sec. 8.5.1 Applications and documents to be submitted Sec. 8.5.2 Preapplication conferences Sec. 8.5.3 Review and recommendation by the planning commission Sec. 8.5.4 Review and action by the board of supervisors; effect of approval Sec. 8.6 Amendments to planned development districts Sec. 20A.3 Application requirements; required documents and information Sec. 20A.4 Application plans Sec. 31.6 Special use permits Sec. 31.6.1 Reserved to board of supervisors Sec. 31.6.2 Application Sec. 31.6.3 Conditions Sec. 31.6.4 Revocation Sec. 31.8 Special exceptions Sec. 33.0 Amendments Sec. 33.1 Statement of purpose and intent Sec. 33.2 Initiation of amendments Sec. 33.2.1 Property owner petition Sec. 33.2.2 Untitled ATTACHMENT D Draft: 08/1-310 /11/12 Sec. 33.2.3 Untitled Sec. 33.3 Proffer of conditions Sec. 33.3.1 Effect of conditions Sec. 33.3.2 Zoning map notation Sec. 33.3.3 Authority of zoning administrator Sec. 33.4 Public hearing -- notice Sec. 33.5 Report by planning commission to board of supervisors after hearing Sec. 33.6 Limitation on filing new petition after original denial Sec. 33.7 Withdrawal of petitions Sec. 33.8 Posting of property Sec. 33.8.1 Posting of property — planning commission hearing Sec. 33.8.2 Validation of prior notice requirement (Amended 6- 19 -96) Sec. 33.8.3 Maintenance and removal of signs Sec. 33.9 Matters to be considered in reviewing proposed amendments Sec. 33.10 Schedule of review Sec. 33.10.1 Untitled Sec. 33.10.2 Untitled By Adding: Sec. 33.1 Purpose and intent Sec. 33.2 Uniform requirements for the initiation of zoning text amendments and zoning map amendments Sec. 33.3 Uniform procedures for zoning text amendments and county- initiated zoning map amendments Sec. 33.4 Uniform procedures for owner- initiated zoning map amendments and special use permits Sec. 33.5 Uniform procedures for special exceptions Sec. 33.6 Zoning text amendments and zoning map amendments; relevant factors to be considered; effect of approval Sec. 33.7 Owner- initiated zoning map amendments; authority to accept proffers Sec. 33.8 Special use permits; relevant factors to be considered; conditions; revocation Sec. 33.9 Special exceptions; relevant factors to be considered; conditions Chapter 18. Zoning Article I. General Provisions ATTACHMENT D Draft: 08/1-310 /11/12 No ehanges of any nature shall be made on said Zoning Map or any matter shown thereon exeept in eonfeffni with the preeedufes and requirements of this ordinanee. it shall be unlawful for any person to make unauthorized ehanges on the offieial Zoning Map. Viela4ions of this provision shall be punishable as provided in seetim; 1:7 A The zoning man is identified, and shall be interpreted, as follows: a. Zoning map identified. The zoning man is composed of the several mans and digital source files. and all dimensions, symbols, notations, and designations shown on the mans and in the digital source files, is maintained by the department of community development, and is incorporated by reference as mart of this chapter, The zoning man is the digital form of the zoning man adopted on December 10. 1980. as amended by all zoning map amendments after that date. The zoning map also may exist in an analog zoning map book. b. Zoning map establishes the location and boundaries ofzoning districts. The location and boundaries of the zoning districts created by this chanter are hereby established as shown on the zoning man. The zoning map also includes symbols that represent the existence of conditions, including proffers, attaching to the zoning of a parcel on the zoning map. C. Interpretation. The zoning map shall be interpreted as follows: 1. District lines follow lot lines and center lines: boundary designated. The district boundaries shown on the zoning man are intended to follow the lot lines and the center lines of streets or alleys as they existed on December 10. 1980 and as hereafter amended: provided that where a district boundary obviously does not follow any such line, and is not depicted on an approve subdivision plat or site plan or described by dimensions or other means, the district boundary hall be determined by measurement using a scale 2. Waterwaym roads, streets, highwaym railroads. and other rights -orway: boundary not designated. All waterways, alleys, roads, streets, highways, railroads, and other rights- of-wav_ collectively. "features "l, if not otherwise specifically designated and if not part of a parcel abutting the feature, shall be deemed to be in the same zoning district as the immediately abutting parcels, and the departing boundary lines from those abutting parcels shall be deemed to extend to the centerline of the feature. If the center line of a feature serves as a parcel boundary, the zoning of the feature, if not otherwise specifically designated, shall be deemed to be the same as that of the parcel to which it is a part. 3. Areas not otherwise designated. The intent of this chapter is to have the entire unincorporated territory of the county within a zoning district. Except for those features identified in subsection cl(2), any area shown on the zoning man having a white background shall be deemed to be in the rural (RA) zoning district 4. Inconsistencies. If there is an inconsistency between any information shown on the zoning map and any decision made by the board of supervisors or an interpretation of th e zoning map made by the board of zoning appeals after December 10. 1980, then the decision of the board of supervisors or the interpretation of the board of zoning appeals shall govern. d. Alterations and amendments. The zoning man shall not be altered or amended in any way except in compliance with the procedures and standards established by this chapter for a zoning map amendment. ATTACHMENT D Draft: 08/1310 /11/12 See. 1.9 Applieation for- land use permit; payment of delinquent taxes Sec. 3.1 Definitions Tl.e theoretieal mwiimum «fiber of dwelline units allowed 3 aere within a zonin ,. ,l;nk:nt �before a «lyine with all n «lieable .«.lstie «s i3 fftei«ine to eritienl sle «en stream b f— flood «lni «s "[ICa('— ViTCLfC[1TC�IIGi[�I Te,C�CfIL[CI012T�J GC IIIf �C�I.TI JIOIJOT � �ILLIIlS stmet....e he 2ht and other ffulntionslnfF etine the ,le ele �«t efn site ____ _ _ _ ___ ,. A.. oht. The mmimum number of dwelli. a tmion allowed D within n e disM4e4 withal! n «lieable ffulntiens ae..tni «inE to e..itie l sle «en stneamb f— flood «lai «s mininmm nrds maxinnim ntmewi fe l.eieM and other «e ffulntie «n oei4ei«inE to the develoi3me «4 ofa site Digital source file: The media tune and format to which an analog or digital source material is encoded. and the file is used to produce a digital derivative. Owner: The owner or owners of the fee simple interest of real property. Special exception: An exception to the general regulations in anv particular zoning district pertaining to the size height. area, bulk or location of structures or the areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures. that is not permitted in anv Darticular zoning district except by a special excention granted under this chanter. Special use permit: A permit for a special use that is not permitted in a particular zoning district except by a pedal use permit granted under this chapter Zoning map amendment: An amendment to the zoning man, which may include changing the boundaries of one or more zoning districts or the zoning district classification of one or more parcels: also sometimes referred to as a "rezoning." ATTACHMENT D Draft: 08/1310 /11/12 Zoning text amendment: An amendment to the regulations of this chanter, which may include amending, changing or supplementing the regulations. Article II. Basic Regulations Sec. 4.8.1 Determinations concerning unspecified uses Uses other than those specified in district regulations as permitted by right or accessory uses may be added to a district on application by ° landowne an owner if the commission and board of supervisors find: a. That there is no clear intent to exclude such uses; and b. That the proposed use is appropriate within the district and would have no more adverse effects on other uses within the district, or on uses in adjoining districts, than would uses of the same general character permitted in the district. In such cases, the board of supervisors shall proceed to amend the ordinance in accord with the provisions of section 33.4. Sec. 4.15.5 Signs authorized by special use permit Except as provided in subsection (d), electric message signs, off -site signs, and signs in public rights -of -way may be authorized only by special use permit, as provided herein: C. Procedure and administration. The application procedure, the findings and conditions to be applied by the board of zoning appeals when considering an application for a special use permit, and the authority to revoke such a permit, shall be as provided in section 34:6 33 of this chapter. In addition to the foregoing: For an off -site sign, the board of zoning appeals shall also find that the issuance of a special use permit is necessary because an on -site sign would be ineffective to communicate its message off - site because of topography or vegetation. 2. For an electric message sign, the board of zoning appeals shall also find that the sign complies with all applicable state laws for such signs. A permit number for each special use permit issued for an off -site sign shall be affixed to the sign in a conspicuous place. ATTACHMENT D Draft: 08/1-310 /11/12 Article III. District Regulations Sec. 10.5.2 Where permitted by special use permit 10.5.2.1 The board of supervisors may authorize the issuance of a special use permit for more lots than the total number permitted under section 10.3.1 and section 10.3.2; provided that no such permit shall be issued for property within the boundaries for the watershed of any public drinking water supply impoundment, and further provided that no such permit shall be issued to allow more development lots within a proposed rural preservation development than that permitted by right under section 10.3.3.3(b). (Added 11 -8 -89; Amended 5 -5 -04 effective 7 -1 -04) The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in section 31.2.4., 33.8 of this chapter with reference to the goals and objectives of the comprehensive plan relating to rural areas including the type of division proposed and specifically, as to this section only, with reference to the following: (Amended 11 -8 -89) Sec. 20.1 Intent, where permitted PUD districts may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for planned development districts in sections 8-.0 and 33-.0 and with densities and uses in locations in accordance with recommendations of the comprehensive plan. As described by the comprehensive plan, PUD districts are intended to serve as neighborhoods or mini - neighborhoods within designated communities and the urban area. Additionally, PUD districts may be appropriate where the establishment of a "new village" or the nucleus of a future community exists and where the PUD development would not preclude achievement of the county's objectives for the urban area, communities and villages. In order to encourage the community function, appropriate commercial and industrial uses are provided in addition to a variety of residential uses. It is intended that commercial and industrial development be limited to a scale appropriate to the support of the residential uses within the PUD; provided that additional commercial and industrial activity may be permitted upon a finding that the area in which the PUD is to be located is not adequately served by such use. It is intended that these regulations provide flexibility in residential development by providing for a mix of residential uses with appropriate nonresidential uses, alternative forms of housing, flexibility in internal relationships of design elements and, in appropriate cases, increases in gross residential densities over that provided in conventional districts. Sec. 20.2 Application ATTACHMENT D Draft: 08/1310 /11/12 Notwithstanding the requirements and provisions of section 8-.0, planned development districts, generally, where certain planned community districts have been established and have been developed or received final site development plan approval prior to the adoption of this ordinance, such districts shall be considered to have been established as PUD districts under this ordinance and shall be so designated on the zoning map. State law reference — Va. Code U 15.2- 15 2 -2286. Sec. 30.1.2 Application Overlay districts and amendments thereof shall be established in accordance with the provisions of section 33-.0 of this ^. Sec. 30.5.5 Permitted uses by right and by special use permit 30.5.5.2 Within the immediate environs of any stream designated in section 30.5.2, no person shall commence any use involving the construction of any structure, the cutting of any living tree over six (6) inches caliper measured at six (6) inches above ground level, or the grading or other like physical alterations of the immediate environs of such stream except as follows: (Amended 9 -9- 92) d. The following uses by special use permit only: 6. Bridges, causeways and other similar structures designed for pedestrian and/or vehicular access; provided that the board of supervisors shall find, by clear and convincing evidence, in addition to the findings re"ired by seefien 31.2.4.4- factors to be considered under section 33.8, that: Article IV. Procedure Sec. 31.1 Designation of zoning administrator, authority The office of zoning administrator is hereby established, subject to the following: a. Authority. The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce this chapter. This authority includes, but is not limited to: Interpreting this chapter and the official zoning map; 2. Administering this chapter by making determinations and decisions on any matters arising under ATTACHMENT D Draft: 08/1-310 /11/12 this chapter, including but not limited to, how a building, structure or use should be classified, whether a use is permitted within a particular zoning district, whether a proposed building or structure complies with setback, height, bulk and other requirements, whether a building, structure, use or lot is nonconforming, and whether a lot meets minimum lot size requirements. 3. Ordering in writing the remedying of any use or structure determined to be in violation of this chapter; 4. Insuring compliance with this chapter, bringing legal action, including an action for (injunction, abatement, civil penalties or other appropriate action or proceeding subject to appeal as provided by Virginia Code § 15.2 -2311 and this chapter; 5. In specific cases, making findings of fact and, with concurrence of the county attorney, conclusions of law regarding determinations of rights under Virginia Code §§ 15.2 -2307 and 15.2- 2311(C); 6. Enforcing the provisions of this chapter regulating the number of persons permitted to occupy a single - family residential dwelling unit, provided such enforcement is in compliance with applicable local, state and federal fair housing laws; and 7. Making decisions and determinations as to whether a pending site plan, subdivision plat, building permit application or any other application subject to review and approval by the county or the program authority complies with this chapter.-; 8. Administering and enforcing proffers accented in conjunction with zoning man amendments. including: (i) ordering in writing the remedying of any noncompliance with the proffers: (ii) insuring compliance with the proffers by bringing legal action, including an action for injunction. abatement, or other appropriate action or proceeding; and (iii) requiring a guarantee in the form of a surety bond, letter of credit, cash deposit, or another form of guarantee determined to be acceptable by the county attorney, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the proffers or a contract for the construction of the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the zoning administrator, upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part: and 9. Keening and making available for public inspection a conditional zoning jndex. The index shall provide ready access to the proffers accepted in conjunction with a zoning man amendment and the regulations provided for in a particular zoning district or zone. The index also shall provide ready access to all proffered cash payments and expenditures disclosure reports prepared by the board of supervisors pursuant to Virginia Code § 15.2- 2303.2. The zoning administrator shall update the index annually and no later than November 30 of each year. Absence of specific authority not a limitation. The specific authority expressly granted to the zoning administrator in other sections of this chapter shall not be construed to be a limitation on the authority of the zoning administrator to administer and enforce those sections where specific authority is not expressed. State law reference — Va. Code SS 15.2- 2286(A)(4). (14). 15.2 -2299. 15.2 -2300 ATTACHMENT D Draft: 08/1310 /11/12 Section 33 The p=ose and intent of section 33 is to establish the procedural and substantive requirements and criteria for considering and acting on zoning text amendments, zoning map amendments, special use permits, except for those elegated by this chanter to the board of zoning anneals, and special exceptions Sec. 33.2 Uniform requirements for the initiation of zoning text amendments and zoning man amendments The board of supervisors may amend, supplement, or change the zoning regulations, district boundaries. or classifications of property whenever the public necessity, convenience, general welfare, or good zoning Practice requires. The initiation of this process shall be as follows: a. Initiation of zoning text amendment. Any zoning text amendment shall be initiated: (i) by resolution of the board of supervisors: or (ii) by motion or resolution of the commission. Any county officer or any other person may request that the board of supervisors or the commission initiate a zoning text amendment, The board of supervisors shall consider an owner - requested zoning text amendment at specified intervals of three (3) months on dates established by resolution of the board in January each b. Initiation of zoning man amendment. Any Proposed zoning map amendment shall be initiated: resolution of the board of supervisors: (ii) by motion or resolution of the commission: or (iiil by lication of the owner, contract purchaser with the owner's written consent, or the owner's agen therefor (collectively, the "owner ") of the parcel(s) that is the subject of the Proposed zoning man amendment ( "owner- initiated application" ). 1. Required signatures on owner - initiated application. Each owner - initiated application for a zoning map amendment shall be signed by the owner of each Parcel that is the subject of the Proposed zoning map amendment, provided that: a. Amendments to existing Droffers. An owner whose parcel is subiect to proffers may a to amend the proffers applicable solely the owner's parcel, provided that written notice of the application is provided to the owners of other parcels subject to the same proffers under Virginia Code && 15.2 - 2204(!1 and 15.2 -2302. However, the signatures of the owners of the other parcels subject to the same proffers shall not be required b. Amendments to planned developments. An owner within an existing Planne development may apply for a zoning map amendment, and the signatures of any other owners within the planned development is required only if the amendment could result in or require: (i) a change in use, density or intensity on that parcel: (ii) -a change to any regulation in a code of development that would apply to that parcel: (iii) a change to an owner's express obligation under a regulation in a code of development: or (iv) a change to the application Plan that would apply to that parcel. ATTACHMENT D Draft: 08/1-310 /11/12 2. Documentation. The director of planning may require the applicant to submit documentation establishing ownership of any parcel and the authority of the signatory to sign the application on behalf of the owner. State law reference —Va. Code U 15.2 -2285. 15.2- 2286(A) (4). (7). 15.2 -2302 Sec. 33.3 Uniform procedures for zoning text amendments and county- initiated zoning man amendments Each zoning text amendment and each county- initiated zoning man amendment shall be subject to the following: a. Determining completeness of the application for zoning map amendment: rejecting incomplete applications, An application that provides all of the information required by the director of planning shall be determined to be complete and be accented for review and decision b. Worksessions and community meetings. The director of planning is authorized to schedule worksessions before the board of supervisors, the commission, and the architectural review board, if applicable, and community meetings, as he determines to be appropriate. C. Public hearings. Before the board of supervisors acts on a zoning text amendment or a zoning man amendment, the commission shall hold at least one public hearing before making its recommendation to the board on each application. The board also shall hold at least one public hearing before acting on the zoning text amendment or zoning map amendment. d. Notice of public hearings. Notice of public hearings shall be provided as follows: 1. Published and mailed notice. Notice of the public hearing before the commission and the board of supervisors on an application shall be provided as required by Virginia Code & 15.2 -2204 and Virginia Code & 15.2- 2285(Cl. 2. Posted notice. Notice of the public hearing before the commission and the board of supervisors on each application for a zoning map amendment shall be posted as provided in section 33.4(m)(2) to the extent those provisions are applicable in the context of the application e. Time for decision. Decisions shall be made within the following periods: 1. By the commission. Once an application is determined to be complete as provided in subsection al, it shall be acted on by the commission within ninety (90) days following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning. The failure of the commission to make a recommendation on the application within the ninety (90) day period shall be deemed to be a recommendation of approval_ unless the commission extends the ninety (90) day period. 2. By the board ofsupervisors. An annlication shall be acted on by the board of supervisors within a reasonable period as may be necessary not to exceed twelve (12) months following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, unless the board extends the twelve (121 month period. 10 ATTACHMENT D Draft: 08/1-310 /11/12 3. Referral. The board of supervisors may refer an application to the commission after the commission has made a recommendation or the application has been deemed to be recommended for approval, provided that further action by the commission and action by the board is within the twelve (12) month period provided in subsection (e)(2), unless the twelve (12) month period is xt n f Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(F). State law reference — Va. Code SS 15.2-2204,15.2-2285, 15.2- 2286(Al (4). (71. Sec. 33.4 Uniform procedures for owner- initiated zoning man amendments and special use permit Each application for an owner - initiated zoning man amendment or special use permit, except for those delegated by this chapter to the board of zoning appeals under section 4.15.5, shall be subject to the following: a. Pre - application meeting. The director of planning is authorized to require a pre - application meeting with any applicant, to require that the applicant complete and submit information on county- provided forms before submitting an application, and to establish procedures for responding to the information submitted by the applicant (collectively, the "pre - application meeting"), subject to the following: iL',...s...... s ,..,7.... In .. ..;,],...:n ._.1., ht-.. *A rC�}Riic A nrt-. iip_ cin at.. dirpv#A r shall snpsider 1. Purposes for a meeting The purposes for a pre - application meeting are to allow the director to understand the purpose for the application, to identify the planning and zoning issues raised b, t�pplication, and to allow the director to identify what supplemental information delineated in subsection (c) the applicant must submit with the application. Receiving the relevant supplemental information will allow the application to be comprehensively an d efficiently reviewed. 2. Factors to consider in requiring meeting. A pre - application meeting shall be held unless the director, in his discretion, decides that the meeting would not achieve the purposes for the meeting upon considering the following: (i) whether the proposed use, the proposed density, the proposed zoning district, and other considerations he determines to be relevant under sound zoning principles o not warrant a pre-application meeting; (ii) whether the supplemental information delineated in subsection (c) the applie must submit withcan be identified without the aBokeation.. '' II',,:•.... - �meeting, (iii) whether the application would be one of a recurring nature for which the required nformation 9. 'F-Pwh, W- PH,44 94 The direetor in his aiserptim; m Formatted: Font: Not Italic - Formatted: Font: Not Italic and the issues raised are well - established either for the proposed =Ii ation �; or iv) whether the application raises any complex issues that create the need for the meeting, b. Applications. Each application shall be composed of a completed county- provided application form and supplemental information (collectively, the "application ") required to review and act on the application. ATTACHMENT D Draft: 08/1-310 /11/12 1. Application forms. The director of planning is authorized to establish appropriate application forms for zoning man amendments and special use permits. The application form shall delineate the supplemental information required to be provided, as set forth in subsection (b)(2). 2. When supplemental information may be required.• establish or amend conventional zoning districts: amend planned development districts: obtain or amend special use permits. For each application for a zoning man amendment to establish or amend a conventional zoning district. to mend a planned development district, and for each application to obtain or amend a sroecial use permit, the director of planning may require some or all of the supplemental information reed bydelineated in subsection (c) to be submitted with each application. In determining what supplemental information must be submitted. the director shall consider the proposed use. the proposed density, the proposed zoning district, and other considerations he determines to be relevant under sound zoning principles. 3. When supplemental information required: establish planned development districts. Each application to establish eraxend -a planned development district shall submit all of the following supplemental information.- delineated in subsection (c). C. Elements of the supplemental information. The supplemental information is the following: 1 Project proposal. A narrative of the project proposal, including its public need or benefit: an application to establish a neighborhood model district shall include a statement describing how the proposed district satisfies the intent of this chanter and if one or more characteristics of the neighborhood model delineated in section 20A.1 are missing from an annlication, the aroplican hall justify why any characteristics cannot or should not be provided 2. Comprehensive plan. A narrative of the proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area: an application to establish a neighborhood model district also shall include a narrative as to the project's consistency with the neighborhood model. 3. Impacts on public facilities and infrastructure. A narrative of the proposed project's impacts on public facilities and public infrastructure. 4. Impacts on environmental features. A narrative of the proposed project's impacts on environmental features. 5. Proposed proffers to address impacts. A narrative of the proffers proposed to address impacts from the proposed project. 6. Maps. One or more maps showing the proposed project's regional context an d existing natural and manmade physical conditions: if the project is to amend an existing planned development district and the proposed amendment would affect less area than the entire district, the applicant shall submit a man showing the entire existing planned development district and identifying an y area to be added to or deleted from the district, or identifying the area to which the amended application plan, code of development, proffers or any special use permit or special exception would apply. 7. Plan ef',lewle,,,,,.ent a „1;eatien Wan. A Dian of eveleBme..t f an ..leaden to establish a Ble.me aeveleBme.,t distr eta ol:e..t:e., Wan she...; 7. Conceptual plan for 12 ATTACHMENT D Draft: 08/1310 /11/12 zoning p amendments for conventional districts and special use permits. For an application for a zoning map amendment to establish a conventional zoning district or a special use permit, a conceptual plan showing as applicable: (i) the street network, including circulation within the proiect and connections to existing and proposed or planned streets within and outside of the project; GO typical cross - sections to show proportions, scale and streetscape /cross- sections /circulation; (iii) the general location of pedestrian and bicycle facilities; (iv) building envelopes; (v) parking envelopes; NO public spaces and amenities; (vii) areas to be designated as conservation and/or preservation areas; (viii) conceptual stormwater detention facility locations; and (ix) conceptual grading. 8. Application plan for zoning map amendments, or planned development districts. For an application to establish a planned development zoning district or to amend an approved application plan for an existing planned development district, an application plan showing, as applicable: (i) the street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project: (ii) typical cross - sections to show proportions, scale and streetscape /cross- sections /circulation: (iii) the general location of pedestrian and bicycle facilities: (iv) building envelopes: (v) parking envelopes: (vi) public spaces and amenities: (vii) areas to be designated as conservation and/or preservation areas: (viii) conceptual stormwater detention facility locations: (ix) conceptual grading: and -(x) a use table delineating use tunes, the number of dwelling units, non - residential square footage building stories and/or heights, build -to lines, setbacks and yards, and other features=jffiftddjjjefr: Formatted: Indent: Left: 0.5 ", Hanging: 0.5" t..1.1:..L, .. lnfm,.,7 ,7,..,,.1,. ,« t distwiet ..hall : «..1..,7,. . dditim; ♦ tl,..t..,. red q,-,etiAn , (xi) topography, using the county's geographic information system or better topographical information, and the source of the topographical information, supplemented where necessaj3r by spot elevations and areas of the site where there are existing critical slopes:-(" allot (M ii) the general layout for water and sewer systems: (i-vxiii) the location of central features or major elements within the project essential to the design of the project. such as major employment areas, parking areas and structures, civic areas, parks, open space, green spaces, amenities and recreation areas: and (u) -(xiv) standards of development including proposed yards, open space characteristics, and any landscape or architectural characteristics related to scale proportions, and massing at the edge of the district.. ; (xv ) a conceptual lot layout; and xvi if the application is to establish a neighborhood model district, the location of proposed green spaces and amenities as provided in section 20A.9. Formatted: Indent: Left: 0.5 ", Hanging: Tab stops: 1 ", Left + Not at 1.5" 9_9. Code of development in a proposed neighborhood model district. An application to establish a neighborhood model district shall include a code of development satisfying the requirements of section 20A.5. 910. Parking and loading needs study in a proposed neighborhood model district. An application to establish a neighborhood model district shall include a narking and loading needs study that demonstrates narking needs and requirements and includes strategies for dealing with these needs and requirements, including phasing plans, parking alternatives as provided in section 4.12.8, and transportation demand management strategies as provided in section 4.12.12: provided that the ATTACHMENT D Draft: 08/1310 /11/12 applicant may elect to submit the narking and loading needs study in conjunction with the preliminary site Dlan for the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. 4-911. Stormwater management in a Proposed neighborhood model district. An anolicatjon to establish a neighborhood model district shall include strategies for establishing shared stormwater management facilities, off -site stormwater management facilities, and the proposed phasing of the establishment of stormwater management facilities. 4412. Traffic impact statement. For zoning map amendments, a local traffic impact statement as required by Virginia Code & 15.2- 2222.1 and 24 VAC 30- 155 -40. 413. Recorded plat or boundary survey. The most recently recorded plat of the parcel(s) composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed project, both of which shall include a metes and bounds description of the boundaries. 414. Ownership information. Documents that ven IL the identity of all record title owners of the parcel(s) composing the proposed project and documents identifying the authorized signatories of the application, the proffer statement, if applicable, and all other related documents. 4415. Contact person. The name, address, telephone number and e-mail address of a single contact person for communications between the county and the applicant. 4-316. Other information. Other special studies or documentation, if applicable, and any other information identified as necessary by the county on the pre - application comment form. d. Payment of delinquent taxes. The applicant shall provide satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the county and have been properly assessed against the subject property, have been paid. e. Filing the application: number of copies. The owner, the owner's agent, or a contract purchaser with the owner's written consent (the "applicant ") may file the application with the department of community development. The director of planning is authorized to establish for each class of application the number of collated conies of the application required to be filed f Determining completeness of the application: reiecting incomplete applications. An application that provides all of the required information shall be determined to be complete and be accented for review and decision. An application omitting any required information shall be deemed to be incomplete an d shall not be accepted. 1. Timing of determination of completeness. The director of planning shall determnne whether an application is complete within ten (101 days after the application was received. 2. Procedure if application is incomplete. The director of planning shall inform the =hcant by letter explaining the reasons why the application was rejected as being incomplete. The lett er shall be sent by first class mail, be personally delivered or, if consented to by the applicant in writing, by fax or email. 14 ATTACHMENT D Draft: 08/1-310 /11/12 3. Effect if timely determination not made. If the director of planning does not send or deliver the notice as provided in subsection (f)(2) within the ten (10) day period, the application shall be deemed to be complete, provided that the director may require the applicant to later provide the omitted information within a period specified by the director, and further provided that the director may reject the application as provided herein if the applicant fails to timely provide the omitted information. 4 Notice to other owners of application for zoning man amendment to amend existing proffers. Within ten (10) days after an application for a zoning man amendment seeking to amend existing proffers is determined to be complete, written notice of the proposed amendment shall be provided to each owner subject to the same proffers as required by Virginia Code &S 15.2- 2204(14) and 15.2 -2302. Pavment of fees. When an application is determined to be complete. the anplicant shall Dav the fee required by section 35.1 before the application is further processed. h. Resubmittal of application originally determined to be incomplete. Within six (6) months after the date the letter that an application was rejected as being incomplete was mailed, faxed, emailed or delivered by the director of planning as provided in subsection (f)(2), the applicant may resubmit the application with all of the information required by subsections (b) and (c) for a new determination of completeness under subsection (fl. i Worksessions. For any annlication, the director of planning may schedule worksessions before the board of supervisors, the commission, and the architectural review board, if applicable, as he determines to be appropriate considering the nature of the approval requested, the acreage affected, the possible impacts that could result from an approved application, and any other factors deemed relevant upon applying sound zoning principles -, subject to the following_ 1. Purposes for a worksession. The purposes for a worksession are to familiarize the boards or the commission with the application, to discuss issues of concern and obtain direction on those issues, and, if allowed by the boards or the commission, to receive public comments to learn of additional possible issues of concern. 2. When applicant's consent required. The applicant's consent to a worksession shall be required if the worksession would extend the time for action by the commission or the board beyond the deadlines in subsection (n). i. Community meetings. For any annlication, the director of planning may schedule community meetings as he etermines to be appropriate considering the nature of the approval requested, the acreage affected. the possible impacts that could result from an approved application, and any other factors deemed relevant upon applying sound zoning nrinciples, subject to the following_ 1. Purpose for a meeting. The purpose for a community meeting is s to provide interested members of the public information about the proposed project and to allow them to ask questions about the proposed project. 2. Factors to consider in requirin meeting. eeting. A community meeting shall be held unless the director, in his discretion, decides that the meeting would not achieve the purpose for the meeting upon considering the following: G) whether the application would be likely to generate any public ATTACHMENT D Draft: 08/1310 /11/12 concerns; or (ii) whether the applicant has already held one or more community meetings regarding the he application so as to make a community meeting under this subsection unnecessar. 3. Guidelines. The director of Planning is authorized to establish written guidelines Pertaining to t Formatted: Indent: Left: 0.5" which applications should have community meetings, when in the process community meetings should be conducted, and how a community meeting should be conducted including but not limited to, how and to whom notice should be provided for community meetings, which notice may include posting signs at the site before the meeting, who should schedule and lead the meeting, the format of the meeting, and how the issues identified at the meeting should be documented. 4. When applicant's consent required. The applicant's consent to a community meeting shall be required if the community meeting would extend the time for action by the commission or the board beyond the deadlines in subsection (n). k. Review ofstaffcomments. Upon request by the applicant, the director of planning shall meet with the a plicant to review comments to the application made by county staff. 1. Public hearings. Before the board of supervisors acts on a zoning map amendment or a snecial use permit, the commission shall hold at least one public hearing before making its recommendation to the board on each application. The board shall hold at least one Public hearing before approving an as Plies M. Notice of public hearings. Notice of public hearings shall be Provided as follows: 1. Published and mailed notice. Notice of the public hearing before the commission and the board of upervisors on an application shall be provided as required by Virginia Code & 15.2 -2204: for zoning map amendments, as also provided by Virginia Code & 15.2- 2285(C): and, for zoning man amendments seeking to amend an existing planned development district, written notice of the proposed amendment also shall be provided to the owner of each parcel within the planned development district and the substance of that notice shall be as required by Virginia Code S 15.2- 2204(B), Paragraph 1, regardless of the number of parcels affected. 2. Posted notice. Notice of the public hearing before the commission and the board of supervisors on each application shall be roosted, as follows: a. When sign must be Hosted. The sign shall be Hosted by the zoning administrator at leas arfk j' 4twenty -one (2 1) days before the commission's public hearing on the application and shall remain roosted until the board of supervisors has acted on the application or the application has been withdrawn b. Where sign to be located. The sign shall be erected within ten (10) feet of each boundary line of the parcel(s) that abuts a street and shall be so placed as to be clearly visible from the street. If more than one street abuts the parcel(s), then either: (1) a sign shall be erected in the same manner as above for each abutting street; or (2) if the area of the parcel(s) to be used if the application was granted is confined to a particular portion of the parcel(s), a sign erected in the same manner as above for the abutting street that is in closest proximity to, or would be impacted bv, the proposed use. A sign need not be posted along Interstate 64 or along any abutting street if the sign would not be visible from that street. If no street abuts the Parcel(s), then signs shall be erected in the same 16 ATTACHMENT D Draft: 08/1-310 /11/12 manner as above on at least two boundaries of the parcel(s) abutting land not owned by the applicant in locations that are most conspicuous to the public. The fling of the application shall be deemed to grant consent to the zoning administrator to enter the parcel(s) to erect the signs. C. Content ofsign. Each sign shall state that the parcel(s) is subject to a public hearing and explain how to obtain additional information about the public hearing. Maintaining the sign. The applicant shall diligently protect each sign from vandalism and theft, maintain each sign in an erect position in its posted location, and ensure that each sign remains legible. The failure of an applicant to comply with these responsibilities may be cause for the commission or the board of supervisors to defer action on an application until there is reasonable compliance with this subsection. e. Ownership ofsign: violation for removing or tampering with sign. Each sign is the property of the board of supervisors. It shall be unlawful for any person to remove or tamper with any sign, except the applicant performing maintenance required by this subsection or the zoning administrator. f. Effect of failure to comply. If the requirements of this subsection to post notice are not complied with: 1 Prior to action by board. The board of supervisors may defer taking action on an application if it finds that the failure to comply with this subsection materi ally deprived the public of reasonable notice of the public hearing. 2. Action not invalid. No action on an ap_nlication shall be declared invalid solely because of the failure to post notice as required by this subsection. n. Time for decision. Each application shall be acted on as follows: 1. By the Dlanninv commission. An anolication shall be acted on by the commission within nine (90) days following the first meeting of the commission after it was referred to the commission . according to the schedule established and administered by the director of planning. The failure of the commission to make a recommendation on the application within the ninety (90) day period shall be deemed to be a recommendation of approval unless the applicant requests or consents to the ninety (90) day period being extended 2 By the board ofsunervisors. An application shall be acted on by the board of supervisors within a reasonable period as may be necessary not to exceed twelve (12) months following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, unless the applicant requests or consents to the twelve (12) month period being extended. 3. Tolling. The period in which action is required by the commission or the board of supervisors shall be tolled during any period in which the applicant has requested that the review of the application be suspended or the public hearings or action thereon be deferred or continued. 4. Referral. The board of supervisors may refer an application to the commission after the commission has made a recommendation or the annlication has been deemed to be recommended 17 ATTACHMENT D Draft: 08/1-310 /11/12 for approval, provided that further action by the commission and action by the board of supervisors is within twelve (12) months following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, unless the applicant requests or consents to the twelve (12) month period being extended. 0. Recommendation by commission. The commission shall either recommend approval of the application as proposed, aapaproval subject to changes being made prior to action by the board of supervisors. or disapproval, For any application for a zoning man amendment, the commission's recommendation also should include its recommendations on proposed proffers and, for any application to establish or amend a planned development district, its recommendations on the application plan, the standards of development. the code of development, and any special exception requested by the applicant under section 8.2. For any application for a special use permit, the commission's recommendation should include its recommendations on the proposed conditions. p. Action by the board ofsupervisors. The board of supervisors may either approve or deny the application. or defer action to allow changes to be made prior to final action by the board. q. Intensification of use classification prohibited without additional notice and hearing. No land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice is provided as required by Virginia Code && 15.2 -2204 and 15.2- 2285(C). r. Withdrawal of annlication. An application may be withdrawn, or be deemed to be withdrawn, as provided herein: 1 Request to withdraw by applicant. An application may be withdrawn upon written request by the applicant. The written request must be received by the body considering the application prior to it beginning consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without further action by the commission or the board of supervisors. An applicant may not submit an application that is substantially the same as the withdrawn application within one (11 year of the date of withdrawal unless the body considering the application at the time of withdrawal specifies that the time limitation shall not apply. 2. When application deemed withdrawn. An application shall be deemed to have been voluntarily withdrawn if the applicant requested that further processing or formal action on the annlication be indefmitely deferred and the commission or the board of supervisors is not requested by the applicant to take action on the application within one (1) year after the date the deferral was requested. Upon written request received by the director of planning before the one-Cl)-year period expires, the director may grant one extension of the deferral period for a period determined to e reasonable, taking into consideration the size or nature of the proposed use, the complexity of the review, and the laws in effect at the time the request for extension is made. S. Resubmittal of similar denied application. An applicant may not submit an application that is substantially the same as the denied application within one (1) year after the date of the denial t. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(F). 18 ATTACHMENT D Draft: 08/1-310 /11/12 See, 33.5 Uniform procedures for special exceptions Each application for a special exception shall be subject to the following: a. Matters requiring a special exception. Notwithstanding any other section of this chapter. 1. Any request for a waiver, modification. variation or substitution permitted by this chanter shall be considered and acted upon by the board of supervisors, provided that no special exception shall be required for the development and construction of residential dwellings at the use, height and density permitted by right in the applicable zoning district- as provided by Virginia Code § 15.2- 2288.1. 2 Any requirement for a decision by the commission required by this chanter shall be considered and acted upon by the board of supervisors. For the purposes of this section, a decision by the commission does not include the consideration and action by the commission on a preliminary or final site plan under section 32 of this chapter or any variation or exception provided in section 32. b. Annlication. Each annlication for a special exception shall be made as provided bv. and include the information required by, the applicable section of this chapter authorizing the waiver, modification_ variation or substitution. An application shall be deemed to be officially submitted when the applicant has submitted all of the required information as determined by the director pnn C. Public hearings. Before the board of supervisors acts on a special exception that would increase by greater than fifty (50) percent the bulk or height of an existing or proposed building within one -half mile of an adjoining locality, the commission shall hold at least one public hearing before making its recommendation to the board on each application. The board shall hold at least one public hearing before approving an application. d. Notice of public hearings. Notice of public hearing before the commission and the board of supervisors on an application for which a public hearing is required under subsection (c) shall be provided as required by Virginia Code & 15.2- 2204(Cl. e. Time for decision. Each apDlication for a special exception shall be acted on by the board of supervisors within ninety (90) days following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning. or concurrently with a zoning man amendment, special use permit, or site plan appeal, whichever is longer. f Recommendation by planning commission. For those applications considered by the commission. the commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the board of supervisors, or disapproval. The commission's recommendation should include its recommendations on the proposed conditions. 9. Action by the board ofsupervisors. The board of supervisors may either approve the application, either with or without the conditions recommended by the commission, if annlicable, or otherwise, deny the application, or defer action to allow changes to be made prior to final action by the board. h. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(F l. 19 ATTACHMENT D Draft: 08/1310 /11/12 Sec. 33.6 Zoning text amendments and zoning man amendments: relevant factors to be considered: effect of approval A zoning text amendment or a zoning man amendment shall be subject to the following: a. Basis to act. The board of supervisors may amend, supplement, or change the zoning regulations. distric boundaries, or classifications of property whenever the public necessity, convenience, general welfare, or good zoning practice requires. The commission shall consider these bases when making a recommendation on an application. b. Factors to be considered when acting. The commission and the board of supervisors shall reasonably consider the following factors when they are reviewing and acting upon zoning text amendments an zoning map amendments: (i) the existing use and character of Property: (ii) the comprehensive plan: (iii) the suitability of property for various uses: (iv) the trends of growth or change: (v) the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies: (vi) the transportation requirements of the community: (vii) the requirements for airoorts, housing, schools, parks, playgrounds, recreation areas and other public services: (viii) the conservation of natural resources: (ix) the preservation of flood plains: (x) the protection of life and property from impounding structure failures: (xi) the preservation of agricultural and forestal land: (xii) the conservation of properties and their values: and (xiii) the encouragement of the most appropriate use of land throughout the county. 1 Additional factors to be considered when acting • application to establish planned development istrict. In addition to the other factors relevant to the consideration of a zoning man amendment. the commission and the board of supervisors shall consider the following when reviewing an application to establish a planned development district: (i) whether the proposed Planned development satisfies the n=ose and intent of the planned development district: (ii) whether the area proposed to be rezoned is appropriate for a Planned development under the comprehensive Plan: and (iii) the relation of the Proposed Planned development to major roads. utilities. Public facilities and services. 2. Additional factors to be considered when acting annlication to amend existing planned development district. In addition to the other factors relevant to the consideration of a zoning man amendment, including those in subsections (b) and (b)(1), the commission and the board of supervisors shall consider the following when reviewing an application to amend an existing planned development district: (i) whether the proposed amendment reduces, maintains or enhances the elements of a planned development set forth in section 8.3: and (ii) the extent to which the proposed amendment impacts the other parcels within the planned development itrit C. Effect of approval, The board of supervisors' approval of a zoning may amendment shall constitute acceptance of the proffers and also, for any application to establish or amend a planned development istrict, approval of the application plan, all standards of development, the code of development, and any waivers or modifications it has approved by special exception as provided under section 8.2. The zoning district designation, the accepted proffers, and, if applicable, the approved application plan, standards of 20 ATTACHMENT D Draft: 08/1310 /11/12 development. and code of development. and. if applicable. the special exception shall be included as Dart of the zoning regulations applicable to parcel(s) that were the subject of the zoning man amendment. State law reference — Va. Code && 15.2 -2284. 15.2 -2285, 15.2- 2286(Al(7). Sec. 33.7 Owner- initiated zoning man amendments: authority to accent proffers The board of supervisors is authorized to accent proffers pursuant to Virginia Code & 15.2 -2303 in conjunction with owner - initiated zoning man amendments as follows: a. Purpose. Proffers are conditions that are intended to provide for the protection of the community that are not generally applicable to land similarly zoned. Accordingly, proffers are reasonable conditions that are in addition to the regulations provided for the zoning district under this chapter. b. Form. Proffers shall be in writing and in a form that is approved by the county attorney. The director of planning is authorized to provide applicants with a proffer statement form. C. Timing ofsubmittal. Proffers, signed by the owner of all parcels subject to the zoning man amendment shall be submitted to the department of community development prior to the public hearing before the board of supervisors on the proposed public hearing. The director of planning is authorized to establish written guidelines that require signed proffers to be submitted a reasonable period of time prior to the public hearing so as to allow the county and members of the public a reasonable period of time to review the proffers. d. Amendments to proposed proffers after public hearing has begun. The board of supervisors may accent. in its sole discretion, amended proffers once the public hearing on the zoning man amendment has begun if it concludes that the amended proffers do not materially affect the overall rororoosaI e. Effect of proffers once accented. Once proffered and accented by the board of supervisors in conjunction with an approved zoning man amendment, the proffers shall continue in effect until a subsequent zoning man amendment changes the zoning of the parcel(s) subject to the proffers: provided that the proffers shall continue in effect if the subsequent zoning man amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. f. Subsequent amendments to proffers. Once accented by the board of supervisors in conjunction with an approved zoning map amendment, proffers may be amended only by an owner- initiated zoning man amendment as provided in sections 33.4. 33.6 and this section. The board is authorized to waive. in its sole discretion. the requirement for a public hearing on an application to amend the proffers if it concludes that the proposed amendments do not pertain to conditions affecting use or density and, if rorohcable. the notice required by section 33.4(fl(41 was provided. State law reference—Va. Code U 15.2 -2296, 15.2-2302, 152 -2303. See, 33.8 Special use permits: relevant factors to be considered: conditions: revocation Special use permits shall be subject to the following: a. Factors to be considered when acting. The commission and the board of supervisors shall reasonably consider the following factors when they are reviewing and acting upon an application for a special use lz- Wit: 21 ATTACHMENT D Draft: 08/1-310 /11/12 1. No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots. 2 Character of district unchanged. The character of the district will not be changed by the proposed special use. 3. Harmony. The proposed special use will be in harmony with the p=ose and intent of this hnter, with the uses permitted by right in the district, with the regulations provided in section 5 as applicable, and with the public health, safety and general welfare. 4. Consistency with comprehensive plan. The use will be consistent with the comprehensive plan. b. Conditions. The commission may recommend, and the board of supervisors may impose, conditions upon the special use to address impacts arising from the use in order to protect the public health safety or welfare. The conditions may pertain to, but are not limited to, the following: 1. The prevention or minimization of smoke, dust, noise, traffic congestion, flood and/or other hazardous, deleterious or otherwise undesirable substances or conditions. 2 The provision of adequate police and fire protection. 3. The provision of adequate improvements pertaining to transportation, water, sewage, drainage, recreation, landscaping and/or screening or buffering. 4. The establishment of special requirements relating to building setbacks, front, side and rear yards. off-street narking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building heights, and other particular aspects of occupancy or use. 5. The period by which the use must begin or the construction of any structure required for the use must commence. 6. The materials and methods of construction or specific design features, provided such a condition for residential uses shall comply with subsection (c). C. Conditions related to residential uses. Any conditions imposed in connection with residential special use permits: (i) shall be consistent with the objective of providing affordable housing if the applicant proposes affordable housing: and (ii) shall consider the impact of the conditions on the affordability of housing here the conditions specify the materials and methods of construction or specific design features. d. Conditions deemed to be essential and nonseverable. Except as the board of supervisors may specjfv in particular case, any condition imposed on a special use shall be deemed to be essential and nonseverable from the permit itself and any condition determined to be invalid, void or unlawful shall invalidate the special use permit. e. Revocation for noncompliance with conditions. A special use permit may be revoked by the board of supervisors after a public hearing if the board determines that there has not been compliance with the conditions of the permit. Notice of the public hearing shall be as provided in Virginia Code & 15.2 -2204. provided that the written notice provided by the board of supervisors to the owners, their agents, or the occupants of abutting parcels and parcels immediately across the street from the parcel(s) subject to the 22 ATTACHMENT D Draft: 08/1-310 /11/12 special use permit, the board of supervisors may be given by first -class mail rather than by registered or certified mail. State law reference -ya. Code U 15.2-2286(A)(3),15.2-2309(7), Sec. 33.9 Special exceptions: relevant factors to be considered: conditions Special exceptions shall be subject to the following: a. Factors to be considered when acting. In acting upon a special exception, the board of supervisors shall consider the factors, standards, criteria, and findings, however denominated, in the applicable sections of this chanter, provided that the board shall not be required to make specific findings in support of rts iin b. Conditions. In approving a sroecial exception, the board of supervisors may imroose reasonable conditions to dress any possible impacts of the special exception. Sec. 34.4 Application for variances buFe Any owner may apply for a variance. Such The application shall be made to the zoning administrator in accordance with the provisions of this section and with rules adopted by the board of zoning appeals. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board of zoning appeals who shall place the matter on the docket to be acted on by the board of zoning appeals. No sueh variance shall be authorized except after notice and hearing is provided as required by seetien 15.2 2204 of the Code Virginia Code & 15.2 -2204. The zoning administrator shall also tfansmit ° eopy of the applieation to the eommission whieh fnay send a reeemmendation to the board of zoning appeals or- appear as pai4y at the heari . The owner shall provide satisfactory evidence that any delinquent real estate taxes. nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject romper that are owed to the county and have been proroerly assessed against the subject property, have been raid Sec. 35.1 Fees Each applicant shall pay the following applicable fees, provided that neither the county nor the county school board shall be required to pay any fee if it is the applicant: Zoning text amendments: $1000.00 Zoning map amendments: 1. Less than 50 acres; application and first resubmission: $2500.00 2. Less than 50 acres; each additional resubmission: $1250.00 3. 50 acres or greater; application and first resubmission: $3500.00 4. 50 acres or greater; each additional resubmission: $1750.00 5. Deferral of scheduled public hearing at applicant's request: $180.00 Special use permits: 23 ATTACHMENT D Draft: 08/1-310 /11/12 1. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation Class B, to amend existing special use permit, or to extend existing special use permit; application and first resubmission: $1000.00 2. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation class B, to amend existing special use permit, or to extend existing special use permit; each additional resubmission: $500.00 3. Signs reviewed by the board of zoning appeals: See subsection 35.1(f) 4. All other special use permits; application and first resubmission: $2000.00 5. All other special use permits; each additional resubmission: $1000.00 6. Deferral of scheduled public hearing at applicant's request: $180.00 7. Farmers' markets without an existing commercial entrance approved by the Virginia Department of Transportation or without existing and adequate parking - $490.00 8. Farmers' markets with an existing commercial entrance approved by the Virginia Department of Transportation and with existing and adequate parking - $110.00 d. Site plans: 1. Preliminary site plans; administrative review: $1200.00 plus $15 per dwelling unit and $0.015 per square foot of nonresidential structure 2. Preliminary site plans; planning commission review: $1800.00 plus $15 per dwelling unit and $0.015 per square foot of nonresidential structure 3. Final site plans; administrative review: $1500.00 4. Final site plans; planning commission review: $2000.00 5. Waiver of drawing of site plan under section 32.2: $1500.00 6. Site plan amendments under section 32.3.8 ¶2: $500.00 (minor); $100.00 (letter of revision) 7. All other site plan amendments (major): $1500.00 8. Appeals to the board of supervisors under section 32.4.2.7: $240.00 9. Reinstatement of review under section 32.4.2.1: $240.00 10. Reinstatement of review under section 32.4.2.4: $80.00 11. Extension of period of validity: $475.00 12. Inspections pertaining to secured site plan improvements; per inspection: $280.00 13. Deferral of scheduled public meeting at applicant's request: $180.00 e. Certificates of appropriateness considered by the architectural review board ( "ARB "): 1. For a site plan; per review by the ARB: $1000.00 2. For a building permit; per review by the ARB: $590.00 3. Amendment to approved certificate of appropriateness: $225.00 f. Matters considered by the board of zoning appeals: 1. Variances: $500.00 2. Appeals: $240.00 3. Special use permits for signs under section 4.15.5: $500.00 Matters considered by the zoning administrator or other officials: 1. Official determinations regarding compliance: $185.00 2. All other official determinations, including development rights: $100.00 3. Zoning clearance for tourist lodging: $100.00 4. Zoning clearance for a home occupation, class A, a major home occupation, or a minor home occupation: $25.00 5. Zoning clearance for temporary fundraising activity: No fee 6. All other zoning clearances: $50.00 24 ATTACHMENT D Draft: 08/1-310 /11/12 7. Sign permits under section 4.15.4; no ARB review required: $25.00 8. Sign permits under section 4.15.4; ARB review required: $120.00 h. Groundwater assessments: 1. Tier 1 assessment under section 17 -401: $50.00 2. Tier 3 assessment under section 17 -403: $510.00 3. Tier 4 assessment under section 17 -404: $1100.00 Miscellaneous: 1. Change in name of development or change in name of street: $80.00 2. Relief from conditions of approval; modification or waiver of requirements: $425.00 3. Tier II personal wireless service facilities: $1820.00 Required notice: 1. Preparing and mailing or delivering up to fifty (50) notices: $200.00, except for uses under sections 5.1.47 and 5.2A, for which there shall be no fee. 2. Preparing and mailing or delivering, per notice more than fifty (50): $1.00 plus the actual cost of first class postage. 3. Published notice: cost based on a cost quote from the publisher, except for farmers' markets under section 35.1(c)(7) and (8) for which there shall be no fee. The fee shall be in the form of cash or a check payable to the "County of Albemarle." An application presented without the required fee shall not be deemed to be submitted and shall not be processed., provided that for pplications for zoning man amendments and special use permits, the fee shall be paid when the application is determined to be coral 1L. If the zoning administrator determines after a fee has been paid that the review and approval to which the fee pertains is not required to establish the use or structure, the fee shall be refunded to the applicant in full. This ordinance shall be effective on and after , _, 2012March 1. 2013. 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 &Le Nay Mr. Boyd Mr. Dumler Ms. Mallek Mr. Rooker Mr. Snow Mr. Thomas Clerk, Board of County Supervisors 25 ATTACHMENT D Draft: 11/27/12 ORDINANCE NO. 12 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, ARTICLE 111, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE, 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 I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, and Article IV, Procedure, are hereby amended and reordained as follows: By Amending: Sec. 3.1 Definitions Sec. 4.8.1 Determinations concerning unspecified uses Sec. 4.15.5 Signs authorized by special use permit Sec. 10.5.2 Where permitted by special use permit Sec. 20.1 Intent, where permitted Sec. 20.2 Application Sec. 30.1.2 Application Sec. 31.1 Designation of zoning administrator, authority Sec. 34.4 Application for variances Sec.35.1 Fees By Amending and Renaming: Old New Sec. 1.7 Official zoning map Zoning map Sec. 30.5.5 Permitted uses by right and special permit Permitted uses by right and by special use permit By Repealing: Sec. 1.9 Application for land use permit; payment of delinquent taxes Sec. 8.5.1 Applications and documents to be submitted Sec. 8.5.2 Preapplication conferences Sec. 8.5.3 Review and recommendation by the planning commission Sec. 8.5.4 Review and action by the board of supervisors; effect of approval Sec. 8.6 Amendments to planned development districts Sec. 20A.3 Application requirements; required documents and information Sec. 20A.4 Application plans Sec. 31.6 Special use permits Sec. 31.6.1 Reserved to board of supervisors Sec. 31.6.2 Application Sec. 31.6.3 Conditions Sec. 31.6.4 Revocation Sec. 31.8 Special exceptions Sec. 33.0 Amendments Sec. 33.1 Statement of purpose and intent Sec. 33.2 Initiation of amendments Sec. 33.2.1 Property owner petition Sec. 33.2.2 Untitled Sec. 33.2.3 Untitled ATTACHMENT D Draft: 11/27/12 Sec. 33.3 Proffer of conditions Sec. 33.3.1 Effect of conditions Sec. 33.3.2 Zoning map notation Sec. 33.3.3 Authority of zoning administrator Sec. 33.4 Public hearing -- notice Sec. 33.5 Report by planning commission to board of supervisors after hearing Sec. 33.6 Limitation on filing new petition after original denial Sec. 33.7 Withdrawal of petitions Sec. 33.8 Posting of property Sec. 33.8.1 Posting of property — planning commission hearing Sec. 33.8.2 Validation of prior notice requirement (Amended 6- 19 -96) Sec. 33.8.3 Maintenance and removal of signs Sec. 33.9 Matters to be considered in reviewing proposed amendments Sec. 33.10 Schedule of review Sec. 33.10.1 Untitled Sec. 33.10.2 Untitled By Adding: Sec. 33.1 Purpose and intent Sec. 33.2 Uniform requirements for the initiation of zoning text amendments and zoning map amendments Sec. 33.3 Uniform procedures for zoning text amendments and county- initiated zoning map amendments Sec. 33.4 Uniform procedures for owner- initiated zoning map amendments and special use permits Sec. 33.5 Uniform procedures for special exceptions Sec. 33.6 Zoning text amendments and zoning map amendments; relevant factors to be considered; effect of approval Sec. 33.7 Owner- initiated zoning map amendments; authority to accept proffers Sec. 33.8 Special use permits; relevant factors to be considered; conditions; revocation Sec. 33.9 Special exceptions; relevant factors to be considered; conditions Chapter 18. Zoning Article I. General Provisions Sec. 1.7 Offleial zoning map Zoning man map sheets efAitled "Zoning Map of Albemafle Count-y, Vir-ginia" whieh, together- with all expla-na4ei=y ma4e The Zening Map shall be identified by the signatufe of the attested signattife of the Chakma-a of the Board e The zoning administfatef shall be fespensible for- maipAaining the Zoning Map, whieh sha4l be leeated in hig effiees, tegethef with the euff&4 zening status of !a-ad and watef afeas, buildings and ethef stmetufes in the The zoning administfatef shall be auther-ized to interpret the etir-r-ent zening status of land and water- areas, buildings and other- stizuetwes in the eetinty. No eha-ages of any natufe shall be made on said Zoning Map or- afty ina#er- shevffi ther-een e*eept in eeafefmit • ATTACHMENT D Draft: 11/27/12 with the pr-eeedufes and r-equir-emen4s of this or-dinanee. it shall be tifilawful for- aity per-son io make una+ither-ized ehanges on the offieial Zoning Map. VielcAions of this pr-evision shall be punishable as provided in seetion 37.0. The zoning man is identified_ and shall be interpreted, as follows: a. Zoning map identified. The zoning map is composed of the several maps and digital source files, and all dimensions, symbols, notations, and designations shown on the maps and in the digital source files, is maintained by the department of community development, and is incorporated by reference as part of this chapter. The zoning map is the digital form of the zoning map adopted on December 10. 1980. as amended by all zoning map amendments after that date. The zoning map also may exist in an analog zoning map book. b. Zoning map establishes the location and boundaries of districts. The location and boundaries of the districts created by this chapter are hereby established as shown on the zoning map. The zoning map also includes symbols that represent the existence of conditions, including proffers. attaching to the zoning of a parcel on the zoning map. C. Interpretation. The zoning map shall be interpreted as follows: 1. District lines follow lot lines and center lines: boundary designated. The district boundaries shown on the zoning map are intended to follow the lot lines and the center lines of streets or alleys as they existed on December 10. 1980 and as hereafter amended: provided that where a district boundary obviously does not follow any such line, and is not depicted on an approved subdivision plat or site plan or described by dimensions or other means, the district boundary shall be determined by measurement using -a. scale. 2. Waterwa)m roads, streets, highwqvm railroads, and other ri hg is -of -way_: boundary not designated. All waterways, alleys, roads, streets, highways, railroads, and other rights -of -way collectively. "features"), if not otherwise specifically designated and if not part of a parcel abutting the feature, shall be deemed to be in the same district as the immediately abutting parcels, and the departing boundary lines from those abutting parcels shall be deemed to extend to the centerline of the feature. If the center line of a feature serves as a parcel boundary_, the zoning of the feature, if not otherwise specifically designated, shall be deemed to be the same as that of the parcel to which it is a part. 3. Areas not otherwise designated. The intent of this chapter is to have the entire unincorporated territory of the county within a district. Except for those features identified in subsection (c)(21 any area shown on the zoning map having a white background shall be deemed to be in the rural areas (RA) district. 4. Inconsistencies. If there is an inconsistency between any information shown on the zoning map and any decision made by the board of supervisors or an interpretation of the zoning map made by the board of zoning appeals after December 10. 1980, then the decision of the board of supervisors or the interpretation of the board of zoning appeals shall govem. d. Alterations and amendments. The zoning map shall not be altered or amended in any way except in compliance with the procedures and standards established by this chapter for a zoning map amendment. State law reference— Va. Code && 15.2- 2285(A). 15.2- 2286(A)(71. 15.2 -2300. ATTACHMENT D Draft: 11/27/12 �•r�sr��e , F�sfs . Prior- to inifia4iea the for- of review of an appliea4ien amendment, speeial use pefmit, vafianee or- other- !a-ad use pemait, the zoning administr-ater- shall require the applieapA ie pr-eduee satisfaetei-y delifiquepA real estate twies owed to the Ceu*ty whieh hm,e been pr-aper-ly assessed against e iiddeqn-repe Rh-at A-114 the subjeet pr-epei4y ha-,�e been The time for- the deeision fer- paid. appheable per-iods r- neada4ion and en an apphea4ion Sec. 3.1 Definitions Digital source file: The media type and format to which an analog or digital source material is encoded and the file is used to produce a digital derivative. Owner: The owner or owners of the fee simple interest of real property. Special exception: An exception to the general regulations in any particular district pertaining to the size, height. area, bulk or location of structures or the areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses, and of courts. _yards, and other open spaces to be left unoccupied by uses and structures. that is not permitted in any particular district except by a special exception granted under this chapter. Special use permit: A permit for a special use that is not permitted in a particular district except by a special use permit granted under this chapter. Zoning map amendment: An amendment to the zoning map, which may include changing the boundaries of one or more districts or the district classification of one or more parcels: also sometimes referred to as a "rezoning." Zoning text amendment: An amendment to the regulations of this chapter, which may include amending. changing or supplementing the he regulations. State law reference — Va. Code & 15.2- 2286(A) (41. Article II. Basic Regulations Sec. 4.8.1 Determinations concerning unspecified uses Uses other than those specified in district regulations as permitted by right or accessory uses may be added to a district on application by ,. laadev,,%e an owner if the commission and board of supervisors find: a. That there is no clear intent to exclude such uses; and 4 ATTACHMENT D Draft: 11/27/12 b. That the proposed use is appropriate within the district and would have no more adverse effects on other uses within the district, or on uses in adjoining districts, than would uses of the same general character permitted in the district. In such cases, the board of supervisors shall proceed to amend the ordinance in accord with the provisions of section 33.4. State law reference — Va. Code & 15.2- 2286(Al(41. Sec. 4.15.5 Signs authorized by special use permit Except as provided in subsection (d), electric message signs, off -site signs, and signs in public rights -of -way may be authorized only by special use permit, as provided herein: C. Procedure and administration. The application procedure, the findings and conditions to be applied by the board of zoning appeals when considering an application for a special use permit, and the authority to revoke such a permit, shall be as provided in section 34-.6 33 of this chapter. In addition to the foregoing: For an off -site sign, the board of zoning appeals shall also find that the issuance of a special use permit is necessary because an on -site sign would be ineffective to communicate its message off - site because of topography or vegetation. 2. For an electric message sign, the board of zoning appeals shall also find that the sign complies with all applicable state laws for such signs. 3. A permit number for each special use permit issued for an off -site sign shall be affixed to the sign in a conspicuous place. State law reference — Va. Code && 15.2 -2280. 15.2 -2286. . MW I _101 WIN , N_'�! "' M-11 NNNNNIN_11 I �� "am NO ATTACHMENT D Draft: 11/27/12 areas, Mill ill, The afeas to be designa4ed as pfesenva4ien > and afeas to be designmed as eensefvation > streams, areas, speeimen trees, wetlands, and othe ...;f;, apA o o .it.,l f .,t,,.. � os• > > stipplemented where alleys, neeessafy by spet elevatiefis and meas of the site where existing slopes af:e twenty five (25) sidewalks, and pedestfian paths-, > seale, > eempfeheasive plan; ♦ ON 11 mll I'll I I'm i i MI VU areas, Mill ill, The afeas to be designa4ed as pfesenva4ien > and afeas to be designmed as eensefvation > streams, areas, speeimen trees, wetlands, and othe ...;f;, apA o o .it.,l f .,t,,.. � os• > > stipplemented where alleys, neeessafy by spet elevatiefis and meas of the site where existing slopes af:e twenty five (25) sidewalks, and pedestfian paths-, > seale, > eempfeheasive plan; ♦ ON 11 mll I'll I I'm i i The afeas to be designa4ed as pfesenva4ien > and afeas to be designmed as eensefvation > streams, areas, speeimen trees, wetlands, and othe ...;f;, apA o o .it.,l f .,t,,.. � os• > > stipplemented where alleys, neeessafy by spet elevatiefis and meas of the site where existing slopes af:e twenty five (25) sidewalks, and pedestfian paths-, > seale, > eempfeheasive plan; ATTACHMENT D Draft: 11/27/12 See. 8.5.3 Review and meommendation by the planning eommission Eaeh io development distr-iet be by ib apphea4ion establish of: amend a -plafmed shall plaming eenmnission as follows! r-eviewed and aeted an fef development distriet it does fef Within fef develepment tha4, its eoneeptual applieation a planned when sttbmitted with s"pefting will as eofnpk4e 8. A land ifieludifig dwelling t"es densities, ; the f4eer- areas, fof summai=y 0 9. A eefteeptual io. Standards of a-ad uses le! development tises; , ineluding and building and heights, gross afeas of proposed yards, open spaee ehar-aeter-is edge of See. 8.5.2 Pr-eapplieation the distfiet. eonfer-enees See. 8.5.3 Review and meommendation by the planning eommission Eaeh io development distr-iet be by ib apphea4ion establish of: amend a -plafmed shall plaming eenmnission as follows! r-eviewed and aeted an fef development distriet it does fef Within fef develepment tha4, its deeuments, be applieation a planned when sttbmitted with s"pefting will as eofnpk4e See. 8.5.3 Review and meommendation by the planning eommission Eaeh io development distr-iet be by ib apphea4ion establish of: amend a -plafmed shall plaming eenmnission as follows! r-eviewed and aeted an fef development distriet it does fef Within applieation a planned as ethef time te the held zening map ameadmen4s. the provided make a r-eeemmendation, eeffmiission may work sessions on applieatien an shall , side,. the following: ATTACHMENT D Draft: 11/27/12 mill . _ . sr..- re! r�: s�eeeer� :�:rssrsre•_e!��esssee�:r�ssM disappr-eval. The eenmnissien shall also make r-eeemmendatiens en all r-e"ested waivers an ea•fieat • •... . .. 9 ... L ME RME .. HTS7i��.7lSF/lTItS!T rTSi/!!7 ts!! TTr! WIT YIiTSl� MOM RMEALWO-k �e!.!.. : r! esrsr. �e !e��ess:efsrsrsse�sj!ass!+.rs! ��es!�: in > a ehange use, te the to in would apply paf:eel, a ehafige an owner's expr-ess obligation under- a pf:of-fef: ef: r-eg�l —a appliel pla-a that wetild apply to the par-eel, shi be an • ATTACHMENT D Draft: 11/27/12 b. 4mendment less Man the dkt-Fieo- if the less qfi�eeting apea entipe tha* the distr-iet, the map. -proposed the ameadment would aff-eet existing planned area epAir-e applieafft shall submit a map showing entir-e develepment distfiet and identifying any afea to be added to or- deleted from the distr-iet, or- identifying4he area to whieh the amended applieation -plan, eede of development, would apply, pr-effenq - IF of medifie- KVVA . !ze!r�res!r�r�seesr.�s�seser�: RMEAM Article III. District Regulations Sec. 10.5.2 Where permitted by special use permit 10.5.2.1 The board of supervisors may authorize the issuance of a special use permit for more lots than the total number permitted under section 10.3.1 and section 10.3.2; provided that no such permit shall be issued for property within the boundaries for the watershed of any public drinking water supply impoundment, and further provided that no such permit shall be issued to allow more development lots within a proposed rural preservation development than that permitted by right under section 10.3.3.3(b). (Added 11 -8 -89; Amended 5 -5 -04 effective 7 -1 -04) The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in section 344.4 33.8 of this chapter with reference to the goals and objectives of the comprehensive plan relating to rural areas including the type of division proposed and specifically, as to this section only, with reference to the following: (Amended 11 -8 -89) State law reference – Va. Code §§ 15.2-2280-15.2-2286, Sec. 20.1 Intent, where permitted PUD districts may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for planned development districts in sections 8-.0 and 33-.0 and with densities and uses in locations in accordance with recommendations of the comprehensive plan. As described by the comprehensive plan, PUD districts are intended to serve as neighborhoods or mini - neighborhoods within designated communities and the urban area. Additionally, PUD districts may be appropriate where the establishment of a "new village" or the nucleus of a future community exists and where the PUD development would not preclude achievement of the county's objectives for the urban area, communities and villages. .. • KVVA . !ze!r�res!r�r�seesr.�s�seser�: RMEAM Article III. District Regulations Sec. 10.5.2 Where permitted by special use permit 10.5.2.1 The board of supervisors may authorize the issuance of a special use permit for more lots than the total number permitted under section 10.3.1 and section 10.3.2; provided that no such permit shall be issued for property within the boundaries for the watershed of any public drinking water supply impoundment, and further provided that no such permit shall be issued to allow more development lots within a proposed rural preservation development than that permitted by right under section 10.3.3.3(b). (Added 11 -8 -89; Amended 5 -5 -04 effective 7 -1 -04) The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in section 344.4 33.8 of this chapter with reference to the goals and objectives of the comprehensive plan relating to rural areas including the type of division proposed and specifically, as to this section only, with reference to the following: (Amended 11 -8 -89) State law reference – Va. Code §§ 15.2-2280-15.2-2286, Sec. 20.1 Intent, where permitted PUD districts may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for planned development districts in sections 8-.0 and 33-.0 and with densities and uses in locations in accordance with recommendations of the comprehensive plan. As described by the comprehensive plan, PUD districts are intended to serve as neighborhoods or mini - neighborhoods within designated communities and the urban area. Additionally, PUD districts may be appropriate where the establishment of a "new village" or the nucleus of a future community exists and where the PUD development would not preclude achievement of the county's objectives for the urban area, communities and villages. ATTACHMENT D Draft: 11/27/12 In order to encourage the community function, appropriate commercial and industrial uses are provided in addition to a variety of residential uses. It is intended that commercial and industrial development be limited to a scale appropriate to the support of the residential uses within the PUD; provided that additional commercial and industrial activity may be permitted upon a finding that the area in which the PUD is to be located is not adequately served by such use. It is intended that these regulations provide flexibility in residential development by providing for a mix of residential uses with appropriate nonresidential uses, alternative forms of housing, flexibility in internal relationships of design elements and, in appropriate cases, increases in gross residential densities over that provided in conventional districts. law reference — Va. Code 86 15.2 -2280. 15.2 -22 Sec. 20.2 Application Notwithstanding the requirements and provisions of section 8-.0, planned development districts, generally, where certain planned community districts have been established and have been developed or received final site development plan approval prior to the adoption of this ordinance, such districts shall be considered to have been established as PUD districts under this ordinance and shall be so designated on the zoning map. law reference — Va. Code &S 15.2 -2280. 15.2 -22 i 141111111-11 W .11 W ■ ji 301 MAMMA -1. 41101 WN 1111 Mil I �. A. 10 ATTACHMENT D Draft: 11/27/12 (Or-d. 03 18(2), 3 19 03; Or-d. 09 18(9), 10 14 09) See. 20A.4 Appliention phms In addition to the appheation plan r-equir-emeffts of seetion 8.5. 1 (e), the following are r-equir-ed elements ef an a. The general leeation of proposed > alleys, sidewalks, and pedestr4aff paths; b. The leea4iea of proposed gfeen > > as pfevided in.. oetior -2n n 9; ; inf4ma4ion supplemeff ted where neeessaf y by spot eleva4ieas a-ad af eas A- f site ;0.�her-e e*isfiag slop es- afe twenty five (25) pefeepA of gr-ea4er-; provided in the eede of develepffiefft-, C Any proposed ewmeetions to existing and pf:epesed stfeets, as well as proposed thef:eughfafes sheNN% e the eempr-eheasive plan-, h. The leea4ien of een a! features of: majef: elemefAs within the development essential to the design of the developmefft, sueh as building > > > • (0f:d. 03 18(2), 3 19 03; Or-d. 09 18(9), 10 14 09) Sec. 30.1.2 Application Overlay districts and amendments thereof shall be established in accordance with the provisions of section 33-.0 of this o State law reference— Va. Code & 15.2- 2286(A) (41. Sec. 30.5.5 Permitted uses by right and by special use permit 30.5.5.2 Within the immediate environs of any stream designated in section 30.5.2, no person shall commence any use involving the construction of any structure, the cutting of any living tree over six (6) inches caliper measured at six (6) inches above ground level, or the grading or other like physical alterations of the immediate environs of such stream except as follows: (Amended 9 -9- 92) 11 ATTACHMENT D Draft: 11/27/12 d. The following uses by special use permit only: 6. Bridges, causeways and other similar structures designed for pedestrian and/or vehicular access; provided that the board of supervisors shall find, by clear and convincing evidence, in addition to the findings r-e"ir-ed by section 3 1.2.4. ' factors to be considered under section 33.8, that: Article IV. Procedure Sec. 31.1 Designation of zoning administrator, authority The office of zoning administrator is hereby established, subject to the following: a. Authority. The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce this chapter. This authority includes, but is not limited to: Interpreting this chapter and the official zoning map; 2. Administering this chapter by making determinations and decisions on any matters arising under this chapter, including but not limited to, how a building, structure or use should be classified, whether a use is permitted within a particular district, whether a proposed building or structure complies with setback, height, bulk and other requirements, whether a building, structure, use or lot is nonconforming, and whether a lot meets minimum lot size requirements. Ordering in writing the remedying of any use or structure determined to be in violation of this chapter; 4. Insuring compliance with this chapter, bringing legal action, including an action for linjunction, abatement, civil penalties or other appropriate action or proceeding subject to appeal as provided by Virginia Code § 15.2 -2311 and this chapter; 5. In specific cases, making findings of fact and, with concurrence of the county attorney, conclusions of law regarding determinations of rights under Virginia Code § § 15.2 -2307 and 15.2- 2311(C); 6. Enforcing the provisions of this chapter regulating the number of persons permitted to occupy a single - family residential dwelling unit, provided such enforcement is in compliance with applicable local, state and federal fair housing laws; aftd 7. Making decisions and determinations as to whether a pending site plan, subdivision plat, building permit application or any other application subject to review and approval by the county or the program authority complies with this chapter-; 8. Administering and enforcing proffers accented in conjunction with zoning man amendments. including: (i) ordering in writing the remedying of any noncompliance with the proffers: (ii) insuring compliance with the proffers by bringing legal action, including an action for iniunction, 12 ATTACHMENT D Draft: 11/27/12 abatement, or other appropriate action or proceeding: and (iii) requiring a guarantee in the form of a surety bond, letter of credit, cash deposit, or another form of guarantee determined to be acceptable by the county attorney; in an amount sufficient for and conditioned upon the construction of any physical improvements required by the proffers or a contract for the construction of the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the zoning administrator, upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in Dart: and 9. Keening and making available for Dublic inspection a conditional zoning index. The index shall provide ready access to the proffers accepted in conjunction with a zoning map amendment and the regulations provided for in a particular district or zone. The index also shall provide ready access to all proffered cash payments and expenditures disclosure reports prepared by the board of supervisors pursuant to Virginia Code & 15.2- 2303.2. The zoning administrator shall update the index annually and no later than November 30 of each year. Absence of specific authority not a limitation. The specific authority expressly granted to the zoning administrator in other sections of this chapter shall not be construed to be a limitation on the authority of the zoning administrator to administer and enforce those sections where specific authority is not expressed. State law reference — Va. Code && 15.2- 2286(A)(4). (14). 15.2 -2299. 15.2 -2300. !r_�!�:wt��:tra!r_eas_ _ e�!r_�srs!s:r.�raser_zsr�eri .a!r_essee!�: _ 101: 1 •� IM • M• �• l iSSSr:!!l Y: �� l!�Efli :1!'f!l lei 101: 1 •� •� �; ■,.T,� 13 ATTACHMENT D Draft: 11/27/12 Limitation offiling new applieation after original denial. Upon denial by !he beafd of supeiwiser-s of an5 applieation filed ptffstiant to seetion 31.6.2 above, stibstan4ially the same petition shall not be * der-ed within twelve (12) menths of the da4e of denial., b. Rth&cai�wl ef-petition. An applieation shall be withdrav,,%, or- be deemed to be withdfawn, as pfwvide IF our WIN Ufr.9wgq MI ftMWAW.JAIELW11K.SaWAMff$lIff$YAWS . . . .._ .._ . . m m �� or- nattffe of the proposed use, the eemplexity of the feview, a-ad the laws in effeet OA the time ftMWAW.JAIELW11K.SaWAMff$lIff$YAWS . . . .._ .._ . . m m �� UPM0N!l'iTf!*E � 14 a UPM0N!l'iTf!*E � 14 ATTACHMENT D Draft: 11/27/12 pr-elimifiar-y of: fifial site plan under- seetieft 32 of this ehaptef: or- any aetion provided in seetion 32 enabled tmdef Virginia Code § 15.2 2242(4). , > , standaMs, that the board be > to findings in its deeisieff. > shall not feqttifed make speeifie stippef4 of d. Pmefop A for- be by the beaf:d days aetion. f:e"est the date the mop a speeial exeeption shall aeted on within fliflety (90) ill 1 11 40 > is longer, f6f: be the > or- sit-e e. fv"est this ehapter, (O-.1 12 14/1\ 2 4 12) a speeial exeeption shall made as provided tmder- applieable seetion a pr-elimifiar-y of: fifial site plan under- seetieft 32 of this ehaptef: or- any aetion provided in seetion 32 enabled tmdef Virginia Code § 15.2 2242(4). Section 33 Zoning Text Amendments, Zoning Man Amendments, Special Use Permits and Special Exceptions 15 > , standaMs, that the board be > to findings in its deeisieff. > shall not feqttifed make speeifie stippef4 of d. Pmefop A for- be by the beaf:d days aetion. f:e"est the date the a speeial exeeption shall aeted on within fliflety (90) after- of pla-a appeal, whiehever- Request. Eaeh > is longer, f6f: be the > or- sit-e e. fv"est this ehapter, (O-.1 12 14/1\ 2 4 12) a speeial exeeption shall made as provided tmder- applieable seetion a Section 33 Zoning Text Amendments, Zoning Man Amendments, Special Use Permits and Special Exceptions 15 ATTACHMENT D Draft: 11/27/12 m •g • 6 The board this by the tex4 thefeef-, by distf of stipefviser-s may amend or-diamee amending or- eha-aging any e in !he 4 11 wI— . • Illill _ OWN i • imFit _ _ . OWN ,Ok- The board this by the tex4 thefeef-, by distf of stipefviser-s may amend or-diamee amending or- eha-aging any e in !he 4 11 wI— . • • ST�?!}fE!!fET�!!t��TS!E!!'�.E !�!!fE['A.l�.T�lf!ESf • Illill _ OWN i • _ _ • ST�?!}fE!!fET�!!t��TS!E!!'�.E !�!!fE['A.l�.T�lf!ESf i • 16 ATTACHMENT D Draft: 11/27/12 Eaeh sueh r-ezoning shall be designated aft the zoning map by an appr-opr-ime symbol designed by the zofii*g administfater, ht addition, the zoning admiaistfmor- shall keep a-ad maintain the eenditional zoning ifidex whieh The zoning administfa4or- shall be vested with a4l neeessafy atAher-ity on beha4f of the beafd of superviser-s e •..�.w. • .. Ell I M-1-1111-11111 - - - .. 17 ORION � 111 1 11011 1 11010 111110 IWO NOW OR" 17 Pr. Ill WIT IN WIWISINIMINIII Will ATTACHMENT D Draft: 11/27/12 18 NOW _ill, him mili 6 --umsn 18 ATTACHMENT D Draft: 11/27/12 plan, 9111211111111-111 oil! oil. 11111 WIN IMI the bear-d E) Sec. 33.1 Purpose and intent The purpose and intent of section 33 is to establish the procedural and substantive requirements and criteria for considering and acting on zoning text amendments, zoning map amendments, special use permits, except for those delegated by this chapter to the board of zoning appeals, and special exeeptions. 19 JiIII OF N N 10 W W11 the bear-d E) Sec. 33.1 Purpose and intent The purpose and intent of section 33 is to establish the procedural and substantive requirements and criteria for considering and acting on zoning text amendments, zoning map amendments, special use permits, except for those delegated by this chapter to the board of zoning appeals, and special exeeptions. 19 ATTACHMENT D Draft: 11/27/12 State law reference— Va. Code && 15.2 -2285. 15.2- 2286(A)(3). (4). (7). 15.2 -2303. Sec. 33.2 Uniform reauirements for the initiation of zoning text amendments and zoning man amendments The board of supervisors may amend, supplement, or change the zoning regulations district boundaries, or classifications of property, whenever the public necessity, convenience, general welfare, or good zoning practice requires. The initiation of this process shall be as follows. a. Initiation of zoning text amendment. Any zoning text amendment shall be initiated: (i) by resolution of the board of supervisors: or (ii) by motion or resolution of the commission. Any county officer or any other person may request that the board of supervisors or the commission initiate a zoning text amendment. The board of supervisors shall consider an owner - requested zoning text amendment at specified intervals of three (3) months on dates established by resolution of the board in January each year. b. Initiation of zoning map amendment. Any proposed zoning map amendment shall be initiated: (i) by resolution of the board of supervisors: (ii) by motion or resolution of the commission: or (iii) by application of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor (collectively, the "owner") of the parcel(s) that is the subject of the proposed zoning map amendment ( "owner- initiated application" ). 1. Required signatures on owner - initiated application. Each owner - initiated application for a zoning map amendment shall be signed by the owner of each parcel that is the subject of the proposed zoning map amendment, provided that: a. Amendments to existing Proffers. An owner whose Darcel is subi ect to proffers may ap01 to amend the proffers applicable solely the owner's parcel, provided that written notice of the application is provided to the owners of other parcels subject to the same proffers under Virginia Code && 15.2- 2204(H) and 15.2 -2302. However, the signatures of the owners of the other parcels subject to the same proffers shall not be required b. Amendments to Planned develovments. An owner within an existing Dlanned development may for a zoning map amendment, and the signatures of any other owners within the planned development is required only if the amendment could result in or require: (i) a change in use, density or intensity on that parcel: (ii) a chap ee to any regulation in a code of development that would apply to that parcel: (iii) a change two an owner's express obligation under a regulation in a code of development: or (iv) a change to the application plan that would apply to that parcel. 2. Documentation. The director of planning may require the applicant to submit documentation establishing ownership of any parcel and the authority of the signatory to sign the application on behalf of the owner. State law reference— Va. Code && 15.2 -2285. 15.2- 2286(A) (4). (7). 15.2 -2302. See, 33.3 Uniform procedures for zoning text amendments and county- initiated zoning man amendments Each zoning text amendment and each county- initiated zoning map amendment shall be subject to the following: 20 ATTACHMENT D Draft: 11/27/12 a. Determining completeness of the annlication for zoning man amendment: reiectino incomplete applications. An application that provides all of the information required by the director of planning shall be determined to be complete and be accepted for review and decision. b. Worksessions and community meetings. The director of planning is authorized to schedule worksessions before the board of supervisors, the commission. and the architectural review board, if applicable. and community meetings, as he determines to be appropriate. C. Public hearings. Before the board of supervisors acts on a zoning text amendment or a zoning map amendment, the commission shall hold at least one public hearing before making its recommendation to the board on each application. The board also shall hold at least one public hearing before acting on the zoning text amendment or zoning map amendment. d. Notice of public hearings. Notice of public hearings shall be provided as follows: 1. Published and mailed notice. Notice of the public hearing before the commission and the board of supervisors on an application shall be provided as required by Virginia Code & 15.2 -2204 and Virginia Code & 15.2- 2285(C1. 2. Posted notice. Notice of the public hearing before the commission and the board of supervisors on each application for a zoning map amendment shall be posted as provided in section 33.4(m)(2) to the extent those provisions are applicable in the context of the application. e. Time for decision. Decisions shall be made within the following periods: 1. By the commission. Once an application is determined to be complete as provided in subsection (a), it shall be acted on by the commission within ninety (tom 90) days following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning. The failure of the commission to make a recommendation on the application within the nine (t� 90) day period shall be deemed to be a recommendation of approval, unless the commission extends the ninety (90) day period. 2. By the board ofsuvervisors. An application shall be acted on by the board of supervisors within a reasonable period as may be necessary not to exceed twelve (12) months following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, unless the board extends the twelve (12) month period. 3. Referral. The board of supervisors may refer an application to the commission after the commission has made a recommendation or the application has been deemed to be recommended for approval, provided that further action by the commission and action by the board is within the twelve (12) month period provided in subsection (e)(2), unless the twelve (12) month period is extended. f. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(Fl. State law reference— Va. Code && 15.2 -2204. 15.2 -2285. 15.2- 2286(Al (41. ( See, 33.4 Uniform procedures for owner - initiated zoning man amendments and special use Hermits 21 ATTACHMENT D Draft: 11/27/12 Each application for an owner- initiated zoning man amendment or special use permit, except for those delegated by this chapter to the board of zoning appeals under section 4.15.5, shall be subject to the following: a. Pre - application meeting. A pre - application meeting shall be held with each prospective applicant (the "applicant'), and the applicant shall complete and submit information on county- provided forms before submitting an application (collectively, the "pre-application meeting"), iect to the following: 1. Purposes for a meeting. The purposes for a pre - application meeting are to: (i) provide the applicant and the county a common understanding of the proposed project :: (u) inform the applicant about the proposed project's consistency with the comprehensive plan. other relevant policies, and county regulations: (iii) broadly identify the planning, zoning and other issues raised by the application that need to be addressed by the applicant: (iv) inform the applicant about the applicable procedure: and (v) allow the director to identify the information the applicant must submit with the application, including the supplemental information delineated in subsection (c). Receiving the relevant supplemental information will allow the application to be comprehensively and efficiently reviewed. 2. Factors to consider in reauiring meeting. A pre - application meeting shall be held unless the director, in his discretion, decides that the meeting would not achieve the purposes for the meeting upon considering the following: (i) whether the proposed use, the proposed density, proposed scale and potential impacts, the proposed district, and other considerations he determines to be relevant under sound zoning principles do not warrant a pre - application meeting: (ii) whether the supplemental information delineated in subsection (c) can be identified without the meeting; (iii) whether the application would be one of a recurring nature for which the required information and the issues raised are well- established either for the proposed application: and iv) whether the application raises any complex issues that create the need for the meeting. b. Applications. Each application shall be composed of a completed county- provided application form and supplemental information (collectively, the "application ") required to review and act on the application. 1. Application forms. The director of planning is authorized to establish appropriate application forms for zoning map amendments and special use permits. The application form shall delineate the supplemental information required to be provided as set forth in subsection (bl(2). 2. When sunnlemental information may be reauired: establish or amend conventional districts: amend Planned development districts: obtain or amend special use permits. For each application for a zoning map amendment to establish or amend a conventional district, to amend a planned development district, and for each application to obtain or amend a special use permit, the director of planning may require some or all of the supplemental information delineated in subsection (c) to be submitted with each application. In determining what supplemental information must be submitted. the director shall consider the proposed use, the proposed density the proposed district, and other considerations he determines to be relevant under sound zoning principles. 3. When supplemental information required: establish planned development districts. Each application to establish a planned development district shall submit all of the supplemental information delineated in subsection (c). C. Elements of the supplemental information. The supplemental information is the follouin r. Pip) ATTACHMENT D Draft: 11/27/12 1. Proiect proposal. A narrative of the Droiect proposal, includine its Dublic need or benefit: an application to establish a neighborhood model district shall include a statement describing how the proposed district satisfies the intent of this chapter and if one or more characteristics of the neighborhood model delineated in section 20A.1 are missing from an application, the applicant shall justify why any characteristics cannot or should not be provided. 2. Comprehensive plan. A narrative of the proposed project's consistency with the comprehensive lan, including the land use plan and the master plan for the applicable development area: an application to establish a neighborhood model district also shall include a narrative as to the project's consistency with the neighborhood model. 3. Impacts on public facilities and infrastructure. A narrative of the proposed project's impacts on public facilities and public infrastructure. 4. Impacts on environmental features. A narrative of the proposed project's impacts on environmental features. 5. Proposed proffers to address impacts. A narrative of the Droffers DroDosed to address impacts from the proposed project. 6. Maps. One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions: if the project is to amend an existing planned development district and the proposed amendment would affect less area than the entire district, the applicant shall submit a map showing the entire existing planned development district and identifying area to be added to or deleted from the district, or identifying the area to which the amended application plan, code of development, proffers or any special use permit or special exception would apply. 7. Conceptual plan for zoning map amendments for conventional districts and special use permits. For an application for a zoning map amendment to establish a conventional district or a special use permit, a conceptual plan showing, as applicable: (i) the street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project; typical cross - sections to show proportions, scale and streetscape /cross- sections /circulation: (iii) the general location of pedestrian and bicycle facilities: (iv) building envelopes: (v) parking envelopes: (vi) public spaces and amenities: (vii) areas to be designated as conservation and/or preservation areas: (viii) conceptual stormwater detention facility locations, and (ix) conceptual rg ading_ 8. Application plan for zoning map amendments for planned development districts. For an application to establish a planned development district or to amend an approved application plan for an existing planned development district, an application plan showing as applicable: (i) the street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project; typical cross - sections to show proportions, scale and streetscape /cross - sections /circulation: (iii) the general location of pedestrian and bicycle facilities: (iv) building envelopes: (v) parking envelopes: (vi) public spaces and amenities: (vii) areas to be designated as conservation and/or preservation areas: (viii) conceptual stormwater detention facility locations: (ix) conceptual rg ading; (x) a use table delineating use types, the number of dwelling units, non - residential square footage, building stories and/or heights, build -to lines, setbacks and yards, and other features: (xil topography. using the county's geographic information system or better topographical information and the source of the topographical information, supplemented where necessary spot elevations and 23 ATTACHMENT D Draft: 11/27/12 areas of the site where there are existing critical slopes: (xii) the general layout for water and sewer systems: (xiii) the location of central features or major elements within the project essential to the design of the project, such as major employment areas, parking areas and structures. civic areas, parks, open space, green spaces, amenities and recreation areas: (xiv) standards of development including proposed yards, open space characteristics, and any landscape or architectural characteristics related to scale, proportions, and massing at the edge of the district: (xv) a conceptual lot layout: and (xvi) if the application is to establish a neighborhood model district, the location of proposed green spaces and amenities as provided in section 20A.9. 9. Code of development in a proposed neighborhood model district. An application to establish a neighborhood model district shall include a code of development satisfying the requirements of section 20A.5. 10. Parking and loading needs study in a proposed neighborhood model district. An application to establish a neighborhood model district shall include a parking and loading needs study that demonstrates parking needs and requirements and includes strategies for dealing with these needs and requirements, including phasing plans, parking alternatives as provided in section 4.12.8, and transportation demand management strategies as provided in section 4.12.12: provided that the applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. 11. Stormwater management in a proposed neighborhood model district. An application to establish a neighborhood model district shall include strategies for establishing shared stormwater management facilities, off -site stormwater management facilities, and the proposed phasing of the establishment of stormwater management facilities. 12. Traffic impact statement. For zoning map amendments a local traffic impact statement as required by Virginia Code & 15.2- 2222.1 and 24 VAC 30- 155 -40. 13. Recorded plat or boundary survey. The most recently recorded plat of the parcel(s) composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed project, both of which shall include a metes and bounds description of the boundaries. 14. Ownership information. Documents that verify the identity of all record title owners of the parcel(s) composing the proposed project and documents identifying the authorized signatories of the application, the proffer statement, if applicable, and all other related documents. 15. Contact person. The name, address, telephone number and e-mail address of a single contact person for communications between the county and the applicant. 16. Other information. Other special studies or documentation, if applicable, and any other information identified as necessary by the county on the pre - application comment form. d. Payment of delinquent taxes. The applicant shall provide satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the county and have been properly assessed against the subject propert y. have been paid. 24 ATTACHMENT D Draft: 11/27/12 e. Filing the application: number of conies. The owner, the owner's agent, or a contract purchaser with the owner's written consent (the "applicant") may file the application with the department of community development. The director of planning is authorized to establish for each class of application the number of collated copies of the application required to be filed. f. Determining completeness of the application: rejecting incomplete applications. An application that provides all of the required information shall be determined to be complete and be accepted for review and decision. An application omitting any required information shall be deemed to be incomplete and shall not be accepted. 1. Timing of determination of completeness. The director of planning shall determine whether an application is complete within ten (10) days after the application was received. 2. Procedure if application is incomplete. The director of planning shall inform the lic appant by letter explaining the reasons why the application was rejected as being incomplete. The letter shall be sent by first class mail, be personally delivered or, if consented to b, the he applicant in writing, by fax or email. 3. Effect if timely determination not made. If the director of planning does not send or deliver the notice as provided in subsection (f)(2) within the ten (10) day period, the application shall be deemed to be complete, provided that the director may require the applicant to later provide the omitted information within a period specified by the director, and further provided that the director may reject the application as provided herein if the applicant fails to timely provide the omitted information. 4. Notice to other owners of application for zoning map amendment to amend existingTro ers. Within ten (10) days after an application for a zoning map amendment seeking to amend existing proffers is determined to be complete, written notice of the proposed amendment shall be provided to each owner subject to the same proffers as required by Virginia Code && 2204(H) and and 15.2 -2302. g. Payment of fees. When an application is determined to be complete, the applicant shall pay the fee required by section 3 5. 1 before the application is further processed. h. Resubmittal of application originally determined to be incomplete. Within six (6) months after the date the letter that an application was rejected as being incomplete ncomplete was mailed, faxed, emailed or delivered by the director of planning as provided in subsection (f)(2), the applicant may resubmit the application with all of the information required by subsections (b) and (c) for a new determination of completeness under subsection (fl. i. Worksessions. For any application, the director of planning may schedule worksessions before the board of supervisors, the commission, and the architectural review board, if applicable, as he determines to be appropriate considering the nature of the approval requested, the acreage affected, the possible impacts that could result from an approved application, and any other factors deemed relevant upon applying sound zoning principles, subject to the following: 1. Purposes for a worksession. The purposes for a worksession are to present the proposed project to the board or the commission with the department of community development's analysis of the major issues, seek direction from the board or commission on their expectations in addressing those issues, and to allow the board or commission to receive public comments. 25 ATTACHMENT D Draft: 11/27/12 2. When applicant's consent required. The applicant's consent to a worksession shall be required if the worksession would extend the time for action by the commission or the board beyond the deadlines in subsection (n). i. Community meetings. A community meeting shall be held for each application, subject to the following: 1. Purposes for a meeting. The immoses for a communitv meeting are to: (i) Drovide interested members of the public the opportunity to receive information about the proposed project, the applicable procedure, and the policies of the comprehensive plan, other relevant policies. and regulations applicable to the proposed project: and (ii) to allow the public to ask questions about the proposed project. 2. Factors to consider in requiring meeting. A community meeting shall be held unless the director . in his discretion, decides that the meeting would not achieve the purposes for the meeting upon considering the following: (i) whether the application would be likely to generate any public concerns because of the nature of the approval requested, the acreage affected, the proposed density, proposed scale, and the potential impacts: (iii) any other factors deemed relevant Won applying sound zoning principles: and (iv) whether the applicant has already held one or more community meetings regarding the application so as to make a community meeting under this subsection unnecessary. 3. Guidelines. The director of planning is authorized to establish written guidelines pertaining to which applications should have community meetings, when in the process community meetings should be conducted, and how a community meeting should be conducted including, but not limited to, how and to whom notice should be provided for community meetings, which notice may include posting signs at the site before the meeting,, who should schedule and lead the meeting,, the format of the meeting,, and how the issues identified at the meeting should be documented. 4. When applicant's consent required. The applicant's consent to a community meeting shall be required if the community meeting would extend the time for action by the commission or the board beyond the deadlines in subsection (n). k. Review ofstaffcomments. Upon request b, the he applicant, the director of planning shall meet with the applicant to review comments to the application made by county staff, 1. Public hearings. Before the board of supervisors acts on a zoning map amendment or a special use ermit, the commission shall hold at least one public hearing before making its recommendation to the board on each application. The board shall hold at least one public hearing before approving an application. M. Notice of public hearings. Notice of public hearings shall be provided as follows: 1. Published and mailed notice. Notice of the public hearing before the commission and the board of supervisors on an application shall be provided as required by Virginia Code & 15.2 -2204: for zoning map amendments, as also provided by Virginia Code & 15.2- 2285(C): and, for zoning map amendments seeking to amend an existing, planned development district, written notice of the proposed amendment also shall be provided to the owner of each parcel within the planned development district and the substance of that notice shall be as required by Virginia Code & 15.2- 2204(B). paragraph 1, regardless of the number of parcels affected. 26 ATTACHMENT D Draft: 11/27/12 2. Posted notice. Notice of the public hearing before the commission and the board of supervisors on each application shall be posted, as follows: a. When sign must be vosted. The sign shall be posted by the zoning administrator at least twenty -one (2 1) days before the commission's public hearing on the application and shall remain posted until the board of supervisors has acted on the application or the application has been withdrawn. b. Where sign to be located. The sign shall be erected within ten (10) feet of each boundary line of the parcel(s) that abuts a street and shall be so placed as to be clearly visible from the street. If more than one street abuts the parcel(s), then either: (1) a sign shall be erected in the same manner as above for each abutting street: or (2) if the area of the parcel(s) to be used if the application was granted is confined to a particular portion of the parcel(s), a sign erected in the same manner as above for the abutting street that is in closest proximity to, or would be impacted bv, the proposed use. A sign need not be posted along Interstate 64 or along any abutting street if the sign would not be visible from that street. If no street abuts the parcel(s), then signs shall be erected in the same mariner as above on at least two boundaries of the parcel(s) abutting land not owned by the applicant in locations that are most conspicuous to the public. The filing of the application shall be deemed to grant consent to the zoning administrator to enter the parcel(s) to erect the signs. C. Content ofsian. Each sign shall state that the parcel(s) is subject to a public hearing explain how to obtain additional information about the public hearing. d. Maintaining the sign. The applicant shall diligently protect each sign from vandalism and theft, maintain each sign in an erect position in its posted location, and ensure that each sign remains legible. The failure of an applicant to comply with these responsibilities may be cause for the commission or the board of supervisors to defer action on an application until there is reasonable compliance with this subsection. e. Ownership ofsign: violation for removing or tampering with sign. Each sign is the property of the board of supervisors. It shall be unlawful for any person to remove or tamper with any sign, except the applicant performing maintenance required by this subsection or the zoning administrator. f Effect of Lailure to comply. If the requirements of this subsection to post notice are not complied with: 1. Prior to action by board. The board of supervisors may defer taking action on an application if it finds that the failure to comply with this subsection materially deprived the public of reasonable notice of the public hearing. 2. Action not invalid. No action on an application shall be declared invalid solely because of the failure to post notice as required by this subsection. n. Time for decision. Each application shall be acted on as follows: 1. By the planning commission. An application shall be acted on by the commission within ninety (90) days following the first meeting of the commission after it was referred to the commission . according to the schedule established and administered by the director of planning. The failure of 27 ATTACHMENT D Draft: 11/27/12 the commission to make a recommendation on the application within the ninety (90) day period shall be deemed to be a recommendation of approval unless the applicant requests or consents to the nine (t� 90) day period being extended. 2. By the board ofsunervisors. An application shall be acted on by the board of supervisors within a reasonable period as may be necessary not to exceed twelve (12) months following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, unless the applicant requests or consents to the twelve (12) month period being extended. 3. Tolling. The period in which action is required by the commission or the board of supervisors shall be tolled during any period in which the applicant has requested that the review of the application be suspended or the public hearings or action thereon be deferred or continued. 4. Referral. The board of supervisors may refer an application to the commission after the commission has made a recommendation or the application has been deemed to be recommended for approval, provided that further action by the commission and action by the board of supervisors is within twelve (12) months following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, unless the applicant requests or consents to the twelve (12) month period being extended. o. Recommendation by commission. The commission shall either recommend aDDroval of the application as proposed, approval subject to changes s being made prior to action by the board of supervisors. or disapproval. For any application for a zoning map amendment the commission's recommendation also should include its recommendations on proposed proffers and, for any application to establish or amend a planned development district, its recommendations on the application plan. the standards of development . the code of development, and any special exception requested by the applicant under section 8.2. For any application for a special use permit, the commission's recommendation should include its recommendations on the proposed conditions. P. Action by the board ofsunervisors. The board of supervisors may either approve or deny the application, or defer action to allow changes to be made prior to final action by the board. Intensification of use classification prohibited without additional notice and hearing. No land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice is provided as required by Virginia Code && 15.2 -2204 and 15.2- 2285(C1. r. Withdrawal of application. An application may be withdrawn, or be deemed to be withdrawn, as provided herein: 1. Reauest to withdraw by applicant. An application may be withdrawn upon written reauest by the applicant. The written request must be received by the body considering the application prior to it beginning consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without further action by the commission or the board of supervisors. An applicant may not submit an application that is substantially the same as the withdrawn application within one (0 =year of the date of withdrawal unless the body considering the he application at the time of withdrawal specifies that the time limitation shall not apply. 28 ATTACHMENT D Draft: 11/27/12 2. When annlication deemed withdrawn. An annlication shall be deemed to have been voluntaril withdrawn if the applicant requested that further processing or formal action on the annlication be indefinitely deferred and the commission or the board of supervisors is not requested by the applicant to take action on the application within one (11 year after the date the deferral was requested. Upon written request received by the director of planning before the one (il year period expires, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed use, the complexity of the review, and the laws in effect at the time the request for extension is made. S. Resubmittal ofsimilar denied application. An applicant may not submit an application that is substantially the same as the denied application within one (11 year after the date of the denial. t. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(Fl, State law reference — Va. Code &S 15.2 -2204. 15.2 -2285. 15.2- 2286(A)(3) (4) (7). (B) . See, 33.5 Uniform procedures for special exceptions Each application for a special exception shall be subject to the following: a. Matters requiring a special exception. Notwithstanding any other section of this chapter. 1. Any request for a waiver, modification, variation or substitution permitted by this chapter shall be considered and acted upon by the board of supervisors, provided that no special exception shall be required for the development and construction of residential dwellings at the use, height and density permitted by right in the applicable district as provided by Virginia Code & 15.2- 2288.1. 2. Anv reauirement for a decision by the commission reauired by this chapter shall be considered and acted upon by the board of supervisors. For the purposes of this section, a decision by the commission does not include the consideration and action by the commission on a preliminary or final site plan under section 32 of this chapter or any variation or exception provided in section 32. b. Avvlication. Each application for a snecial exception shall be made as nrovided bv. and include the information required bv, the applicable section of this chapter authorizing the waiver, modification variation or substitution. An application shall be deemed to be officially submitted when the applicant has submitted all of the required information as determined by the director of planning. C. Public hearings. Before the board of supervisors acts on a special exception that would increase by greater than fifty (50) percent the bulk or height of an existing proposed building within one -half mile of an adjoining locality, the commission shall hold at least one public hearing before making its recommendation to the board on each application. The board shall hold at least one public hearing before approving an application. d. Notice of public hearings. Notice of public hearing before the commission and the board of supervisors on an application for which a public hearing is required under subsection (c) shall be provided as required by Virginia Code & 15.2- 2204(C). e. Time for decision. Each application for a special exception shall be acted on by the board of supervisors within ninety(90) days following the first meeting of the commission after it was referred to the 29 ATTACHMENT D Draft: 11/27/12 commission, according to the schedule established and administered by the director of planning. or concurrently with a zoning man amendment, special use permit, or site plan anneal, whichever is longer. f. Recommendation by planning commission. For those applications considered by the commission, the commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the board of supervisors, or disapproval. The commission's recommendation should include its recommendations on the proposed conditions. g. Action by the board ofsuRervisors. The board of supervisors may either approve the application, either with or without the conditions recommended by the commission, if applicable, or otherwise den application, or defer action to allow changes to be made prior to final action by the board. h. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(F)A, State law reference — Va. Code & 15.2- 2286(A)(3). 15.2- 2288.1 See, 33.6 Zoning text amendments and zoning man amendments: relevant factors to be considered: effect of approval A zoning text amendment or a zoning map amendment shall be subject to the following: a. Basis to act. The board of supervisors may amend, supplement, or change the zoning regulations, district boundaries, or classifications of property whenever the public necessity, convenience, general welfare. or good zoning practice requires. The commission shall consider these bases when making a recommendation on an application. b. Factors to be considered when acting. The commission and the board of supervisors shall reasonabl consider the following factors when they are reviewing and acting upon zoning text amendments and zoning map amendments: (i) the existing use and character of property: (ii) the comprehensive plan: (iii) the suitability of property for various uses: (iv) the trends of growth or change: (v) the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies: (vi) the transportation requirements of the community: (vii) the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services: (viii) the conservation of natural resources: (ix) the preservation of flood plains: (x) the protection of life and property from impounding structure failures: (xi) the preservation of agricultural and forestal land: (xii) the conservation of properties and their values: and (xiii) the encouragement of the most appropriate use of land throughout the county. 1. Additional factors to be considered when acting: annlication to establish planned development district. In addition to the other factors relevant to the consideration of a zoning map amendment. the commission and the board of supervisors shall consider the following when reviewing an application to establish a planned development district: (i) whether the proposed planned development satisfies the purpose and intent of the planned development district: (ii) whether the area proposed to be rezoned is appropriate for a planned development under the comprehensive plan; and (iii) the relation of the proposed planned development to major roads, utilities, public facilities and services. 2. Additional factors to be considered when acting: application to amend existing planned development district. In addition to the other factors relevant to the consideration of a zoning map 30 ATTACHMENT D Draft: 11/27/12 amendment, including those in subsections (b) and (b)(1), the commission and the board of supervisors shall consider the following when reviewing an application to amend an existing planned development district: (i) whether the Proposed amendment reduces, maintains or enhances the elements of a planned development set forth in section 8.3: and (ii) the extent to which the proposed amendment impacts the other parcels within the planned development district. C. Effect of annroval. The board of supervisors' approval of a zoning map amendment shall constitute acceptance of the proffers and also, for any application to establish or amend a planned development district, approval of the application plan, all standards of development, the code of development, and any waivers or modifications it has approved by special exception as provided under section 8.2. The district designation, the accepted proffers, and, if applicable, the approved application plan, standards of development, and code of development, and, if applicable, the special exception shall be included as part of the zoning regulations applicable to parcel(sl that were the subject of the zoning map amendment. State law reference — Va. Code &S 15.2 -2284. 15.2 -2285. 15.2- 2286(Al(71. See, 33.7 Owner - initiated zoning map amendments: authority to accent proffers The board of supervisors is authorized to accept proffers pursuant to Virginia Code &15.2-2303 in conjunction with owner- initiated zoning map amendments as follows: a. Purpose. Proffers are conditions that are intended to provide for the protection of the community that are not generally applicable to land similarly zoned. Accordingly. proffers are reasonable conditions that are in addition to the regulations provided for the district under this chapter. b. Form. Proffers shall be in writing and in a form that is approved by the county attorney. The director of planning is authorized to provide applicants with a Proffer statement form. C. Timing ofsubmittal. Proffers, signed by the owner of all parcels subject to the zoning map amendment shall be submitted to the department of community development prior to the public hearing before the board of supervisors on the proposed public hearing. The director of planning is authorized to establish written guidelines that require signed proffers to be submitted a reasonable period of time Prior to the public hearing so as to allow the county and members of the public a reasonable period of time to review the proffers. d. Amendments to proposed proffers after public hearing has begun. The board of supervisors may accept in its sole discretion, amended proffers once the public hearing on the zoning map amendment has begun if it concludes that the amended Proffers do not materially affect the overall Proposal. e. Effect of proffers once accented. Once proffered and accepted by the board of supervisors in conjunction with an approved zoning map amendment, the proffers shall continue in effect until a subsequent zoning map amendment changes the zoning of the parcel(s) subject to the proffers: provided that the proffers shall continue in effect if the subsequent zoning map amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. £ Subsequent amendments to proffers. Once accepted by the board of supervisors in conjunction with an approved zoning map amendment, proffers may be amended only by an owner- initiated zoning map amendment as provided in sections 33.4.33.6 and this section. The board is authorized to waive. in its sole discretion, the requirement for a public hearing on an application to amend the proffers if it 31 ATTACHMENT D Draft: 11/27/12 concludes that the proposed amendments do not pertain to conditions affecting use or density and, if applicable, the notice required by section 33.4(fl(4) was provided. State law reference — Va. Code && 15.2 -2296. 15.2 -2302. 15.2 -2303. See, 33.8 Special use permits: relevant factors to be considered: conditions: revocatio Special use permits shall be subject to the following: a. Factors to be considered when acting. The commission and the board of supervisors shall reasonably consider the following factors when they are reviewing and acting upon an application for a special use >l eft: 1. No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots. 2. Character of district unchanged. The character of the district will not be chantey the proposed special use. 3. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter, with the uses permitted by right in the district, with the regulations provided in section 5 as applicable, and with the public health, safety and general welfare. 4. Consistency with comprehensive plan. The use will be consistent with the comprehensive plan. b. Conditions. The commission may recommend, and the board of supervisors may impose, conditions upon the special use to address impacts arising from the use in order to protect the public health, safety or welfare. The conditions may pertain to, but are not limited to, the following: 1. The prevention or minimization of smoke, dust, noise, traffic congestion, flood and/or other hazardous, deleterious or otherwise undesirable substances or conditions. 2. The provision of adequate police and fire protection. 3. The provision of adequate improvements pertaining to transportation, water, sewage, drainage. recreation, landscaping and/or screening or buffering. 4. The establishment of special requirements relating to building setbacks, front, side and rear , yards, off - street parking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building heights, and other particular aspects of occupancy or use. 5. The period by which the use must begin or the construction of any structure required for the use must commence. 6. The materials and methods of construction or specific design features, provided such a condition for residential uses shall comply with subsection (cl. C. Conditions related to residential uses. Any conditions imposed in connection with residential special use permits: (i) shall be consistent with the objective of providing affordable housing if the applicant proposes 32 ATTACHMENT D Draft: 11/27/12 affordable housing: and (ii) shall consider the impact of the conditions on the affordability of housing where the conditions specify the materials and methods of construction or specific design features. d. Conditions deemed to be essential and nonseverable. Except as the board of supervisors may specify in a articular case, any condition imposed on a special use shall be deemed to be essential and nonseverable from the permit itself and any condition determined to be invalid, void or unlawful shall invalidate the special use permit. e. Revocation for noncompliance with conditions. A special use permit may be revoked by the board of supervisors after a public hearing if the board determines that there has not been compliance with the conditions of the permit. Notice of the public hearing shall be as provided in Virginia Code & 15.2 -2204. provided that the written notice provided by the board of supervisors to the owners, their agents. or the occupants of abutting parcels and parcels immediately across the street from the parcel(s) subject to the special use permit, the board of supervisors may be ig ven by first -class mail rather than by registered or certified mail. State law reference — Va. Code &S 15.2- 2286(A)(3). 15.2- 2309(71. See, 33.9 Special exceptions: relevant factors to be considered: conditions Special exceptions shall be subject to the following: a. Factors to be considered when acting. In acting upon a special exception, the board of supervisors shall consider the factors, standards, criteria, and findings, however denominated, in the applicable sections of this chapter, provided that the board shall not be required to make specific findings in support of its decision. b. Conditions. In approving a special exception, the board of supervisors may impose reasonable conditions to address any possible impacts of the special exception. State law reference — Va. Code & 15.2- 2286(A) (31. Sec. 34.4 Application for variances bwe Any owner may apply for a variance. The application shall be made to the zoning administrator in accordance with the provisions of this section and with rules adopted by the board of zoning appeals. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board of zoning appeals who shall place the matter on the docket to be acted on by the board of zoning appeals. No s variance shall be authorized except after notice and hearing is provided as required by seetio 15.2 220 l of the Code Virginia Code _& 15.2 -2204. The zening administrator- shall also +r-a -n '+ ^ eepy ^r appheatien to the eeffh-nission w-hieh may send a r-eeenffneadation to the bear-d of zoning appeals or- appear- as -a party at the he^�rg. The owner shall provide satisfactory evidence that any delinquent real estate taxes nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the county and have been properly assessed against the subject property; have been paid. State law reference — Va. Code && 15.2- 2286(Bl. 15.2 -2309. Sec. 35.1 Fees 33 ATTACHMENT D Draft: 11/27/12 Each applicant shall pay the following applicable fees, provided that neither the county nor the county school board shall be required to pay any fee if it is the applicant: a. Zoning text amendments: $1000.00 b. Zoning map amendments: 1. Less than 50 acres; application and first resubmission: $2500.00 2. Less than 50 acres; each additional resubmission: $1250.00 3. 50 acres or greater; application and first resubmission: $3500.00 4. 50 acres or greater; each additional resubmission: $1750.00 5. Deferral of scheduled public hearing at applicant's request: $180.00 C. Special use permits: 1. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation Class B, to amend existing special use permit, or to extend existing special use permit; application and first resubmission: $1000.00 2. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation class B, to amend existing special use permit, or to extend existing special use permit; each additional resubmission: $500.00 3. Signs reviewed by the board of zoning appeals: See subsection 35.1(f) 4. All other special use permits; application and first resubmission: $2000.00 5. All other special use permits; each additional resubmission: $1000.00 6. Deferral of scheduled public hearing at applicant's request: $180.00 7. Farmers' markets without an existing commercial entrance approved by the Virginia Department of Transportation or without existing and adequate parking - $490.00 8. Farmers' markets with an existing commercial entrance approved by the Virginia Department of Transportation and with existing and adequate parking - $110.00 d. Site plans: 1. Initial site plans: $1200.00 plus $15 per dwelling unit and $0.015 per square foot of nonresidential structure; the fee paid for preapplication plans shall be applied to the fee for initial site plans 2. Preapplication plans: $500.00 3. Final site plans: $1500.00 4. Exception to drawing of site plan under section 32.3.5(a): $1500.00 5. Site plan amendments under section 32.3.3(b): $500.00 (minor); $100.00 (letter of revision) 6. Site plan amendments under section 32.3.3(b) (major): $1500.00 7. Appeals under section 32.4.22.7 32.4.2.6: $240.00 8. Reinstatement of review under sections 32.4.2. l (d) and 32.4.3.1(e) : $240.00 9. Reinstatement of review under section 32.4.2.5(e): $80.00 10. Extension of period of validity: $475.00 11. Inspections pertaining to secured site plan improvements; per inspection: $280.00 12. Deferral of scheduled public meeting at applicant's request: $180.00 e. Certificates of appropriateness considered by the architectural review board ( "ARB "): 1. For a site plan; per review by the ARB: $1000.00 2. For a building permit; per review by the ARB: $590.00 3. Amendment to approved certificate of appropriateness: $225.00 f. Matters considered by the board of zoning appeals: 1. Variances: $500.00 2. Appeals: $240.00 34 ATTACHMENT D Draft: 11/27/12 Special use permits for signs under section 4.15.5: $500.00 g Matters considered by the zoning administrator or other officials: 1. Official determinations regarding compliance: $185.00 2. All other official determinations, including development rights: $100.00 3. Zoning clearance for tourist lodging: $100.00 4. Zoning clearance for a home occupation, class A, a major home occupation, or a minor home occupation: $25.00 5. Zoning clearance for temporary fundraising activity: No fee 6. All other zoning clearances: $50.00 7. Sign permits under section 4.15.4; no ARB review required: $25.00 8. Sign permits under section 4.15.4; ARB review required: $120.00 11. Groundwater assessments: 1. Tier 1 assessment under section 17 -401: $50.00 2. Tier 3 assessment under section 17 -403: $510.00 3. Tier 4 assessment under section 17 -404: $1100.00 i. Miscellaneous: 1. Change in name of development or change in name of street: $80.00 2. Relief from conditions of approval; modification or waiver of requirements: $425.00 3. Tier II personal wireless service facilities: $1820.00 Required notice: 1. Preparing and mailing or delivering up to fifty (50) notices: $200.00, except for uses under sections 5.1.47 and 5.2A, for which there shall be no fee. 2. Preparing and mailing or delivering, per notice more than fifty (50): $1.00 plus the actual cost of first class postage. 3. Published notice: cost based on a cost quote from the publisher, except for farmers' markets under section 35.1(c)(7) and (8) for which there shall be no fee. The fee shall be in the form of cash or a check payable to the "County of Albemarle." An application presented without the required fee shall not be deemed to be submitted and shall not be processed provided that for annlications for zonine man amendments and special use Dermits. the fee shall be paid when the anplication is determined to be complete. If the zoning administrator determines after a fee has been paid that the review and approval to which the fee pertains is not required to establish the use or structure, the fee shall be refunded to the applicant in full. (Amended 5- 5 -82; 9 -1 -85; 7 -1 -87; 6 -7 -89; 12 -11 -91 to be effective 4 -1 -92; 7- 8 -92; Ord. 10- 18(7), adopted 8 -4- 10, effective 1 -1 -11; Ord. 11- 18(1), 1- 12 -11; Ord. 11- 18(7), 6 -1 -11; Ord. 12- 18(6), adopted 10 -3 -12, effective 1- 1-13) State law reference - Va. Code &S 15.2- 2286(Al(61. This ordinance shall be effective on and after April 1, 2013. 35 ATTACHMENT D Draft: 11/27/12 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 Ave Nay Mr. Boyd Mr. Dumler Ms. Mallek Mr. Rooker Mr. Snow Mr. Thomas Clerk, Board of County Supervisors 36 25.0 20.0 e Q 15.0 s E O p 10.0 f 5.0 0.0 Approved SPs, Submitted January 2007 - December 2009 Arraneed By Orieinal Submission Date E x - £ t„ _ _ 3 _ _ _ w g V _ = r u a c E - : - = c m m - a '' °-' _ _ m m m _ - .E F D -_ - �° o o E at - at - A ap E n u m - - E - ~ "> '> - E w u .E ? c m .a .a A ° i ,c 'o u_ m' 2- _= 3 E - w - c 3 .3 - a - o� ` a' w a F a c��, Q- Q °: x Q 8 3 t '° u m r a A_ m o" c J m �' u E z z `e v A c a ti a o o 3 3 A x Q E a w x a Attachment E ATTACHMENT E Legislative Review Process Changes (Changes as compared to current process in black) Exploratory /Information Gathering Meetings; PC Pre -app Meeting (Optional) Follow -up Meeting with Staff (Optional) and /or Pre -app Work Session with Planning Commission (Optional) 3.0 2.5 d 0 2.0 0 n n 0 `o N 1.5 a N •00 O 1.0 d Y 0.5 0.0 Attachment D ZMAs Approved Jan2005- March2010 Arranged by Original Submittal Date •O A g 0£ O W L •� N LL O p O V 9 6 q u LL- S tlCRO v Q K a a> H t _N i y w w Y 3 ;°. a= x a a s> y a 3 z v 10 3 a •u i m u` ¢ c Y t7 c N y O0 ° a ac 3 `w 3£ c= a ;: o �. N '° d 0 ,� °£° o x 0 m x w Y °° o a° °° N a c m` o z o °o y _ Z .. _ .. a m .� v1pi m £= N a v°°i co c x£ F u w o z o f w¢ z z` £ u> o s S O w n a° x a L w a w m t s u w m :. a 6 d :. ; C O d ry (7 W Oh s .. ¢ £ ° Q,5 w - g am d 3 w `w —Z E u - E Q °' Y> a 3 o m `o r; Z z l7 3_ 3 z ¢ o 2 z o¢ " 'c O ¢ £ m o> o ° ~ u j > 'C Project, Arranged by Original Date of Submission Best Fit Curve CL CL •O A g 0£ O W L •� N LL O p O V 9 6 q u LL- S tlCRO v Q K a a> H t _N i y w w Y 3 ;°. a= x a a s> y a 3 z v 10 3 a •u i m u` ¢ c Y t7 c N y O0 ° a ac 3 `w 3£ c= a ;: o �. N '° d 0 ,� °£° o x 0 m x w Y °° o a° °° N a c m` o z o °o y _ Z .. _ .. a m .� v1pi m £= N a v°°i co c x£ F u w o z o f w¢ z z` £ u> o s S O w n a° x a L w a w m t s u w m :. a 6 d :. ; C O d ry (7 W Oh s .. ¢ £ ° Q,5 w - g am d 3 w `w —Z E u - E Q °' Y> a 3 o m `o r; Z z l7 3_ 3 z ¢ o 2 z o¢ " 'c O ¢ £ m o> o ° ~ u j > 'C Project, Arranged by Original Date of Submission ATTACHMENT D Legislative Review Process Changes Exploratory /Information Gathering Meetings (Optional) Follow -up Meeting with Staff (Optional) and /or Pre -app Work Session with Planning Commission (Optional) Accepted —fee paid within 5 business days and review begins COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA201200006 Process Improvements SUBJECT /PROPOSAL /REQUEST: Changes to the legislative review process (re- zonings and special use permits) STAFF CONTACT(S): Messrs. Graham, Kamptner and Cilimberg AGENDA DATE: August 21, 2012 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes BACKGROUND: The Board of Supervisors adopted an Economic Vitality Action Plan ( "Plan ") on August 4, 2010, following extensive public discussion and review. The plan establishes five objectives related to supporting economic vitality in Albemarle County, Objective 2 of the Plan is stated below: Simplify and create certainty in the development review process, giving the applicant a reasonable expectation for the time and cost needed for development review when applicants are adhering to the regulations appropriately. One of the strategies of that objective is to "consider amendments to the development ordinances to reduce complexity of plan approval ", with specific mention of presenting recommended changes to the Board of Supervisors for legislative applications (e.g. rezoning, special use permits). The process improvements outlined in this staff report are intended to implement this strategy of the Economic Vitality Action Plan as directed by the Board of Supervisors. On September 1, 2010, Mark Graham, Director of the Community Development Department, provided the Board of Supervisors an overview of the variables affecting the quality and efficiency of the process for applications for re- zonings and special use permits (legislative review process), and requested direction on possible changes to the process. Mr. Graham noted that the four variables to consider are: 1) efficiency of the review process, 2) the number of review issues, 3) the extent of review to assure quality development, and 4) the number of decision - makers. Mr. Graham said that additional opportunities for change realistically could be found in two areas — review efficiency and delegating some review issues to the site plan /subdivision (ministerial review) process. Mr. Graham identified the following changes to the legislative review process that would help reduce time and costs: 1. Codify expectations as application requirements. 2. Codify the requirement for a pre - application conference. 3. Formalize a community meeting process. 4. By policy, avoid indefinite deferrals. On August 3, 2011, following a joint work session with the Planning Commission and Architectural Review Board, the Board endorsed pursuing legislative process amendments that could accomplish these four changes. On November 29, 2011, the Planning Commission adopted a resolution of intent (Attachment A) for the legislative process zoning text amendments reflecting this Board direction provided at the August joint work session. On May 15, 2012, the Planning Commission held a work session on draft amendments and directed staff to schedule a public hearing with updated ordinance language after conducting public outreach to obtain comments from the development community. A roundtable was held on June 20, 2012 which was attended by approximately 18 people. DISCUSSION: Staff's focus in presenting the concepts for proposed changes from the outset of initial discussions with the Board of Supervisors has been on pre - application preparation with prospective applicants, quality control for application acceptance and community awareness regarding application proposals. This led staff to identify the following relevant goals in making changes: Create a value -added process for both the applicant and staff keeping in mind that time is money for both parties Provide clear expectations — it will be the responsibility of staff to tell the applicant what is required in an application and the applicant is responsible for providing it Reduce iterations of re- submittal — it will be the responsibility of staff to provide complete, clear and unchanging comments of what is required for a project to be acceptable and the applicant's responsibility to provide it Get decisions made — avoid deferrals. Provided applicable criteria and expectations are met, the matter will be approved; should applicable criteria and expectations not be met then the matter should be denied Based on these goals and the direction provided by the Board in August, 2011, staff has drafted ordinance amendments (Attachments B and C) that would enable the process steps and flow chart included as Attachments D and E. Attachment B is a clean version of the ordinance amendments and Attachment C notes changes to the proposed ordinance since the Commission's May 15th work session and provides explanatory notes regarding the amendments. The amendments also include housekeeping changes to address state code requirements and to organize and clarify for easier administration. The substance of the amendments reflecting process begins with Section 33.1 Purpose and Intent. At the June 20th roundtable, public comments generally centered on the following (with staff follow -up in bold): Mandatory Pre -app Forms and Meetings Concern was expressed that this adds another level of work for the applicant that will lengthen the process, especially if the most knowledgeable staff are not present at the meeting to advise and provide follow -up response. It was also noted that there should be discretion to not require pre -app forms and meetings in all cases as some applications by their nature are fairly simple. While the proposed ordinance authorizes the director of planning to require pre - application meetings, the decision to require a pre -app meeting in any particular case is at the director's discretion. In developing the concepts for these process changes, pre -app meetings have been presumed to be mandatory, particularly considering that the material required for submittal of the application is specified as a result of the pre -app meeting and the application will not be accepted for review unless all requirements are satisfied. The intent is to assure that the pre - application process adds value for staff and the applicant by establishing a clear understanding of what information will be need to be submitted with the actual application for staff to undertake a full and comprehensive initial review of the project. For many projects, it is anticipated that this pre -app process will result in applications that yield a much more substantive initial 46 day review than often currently occurs and reduce the iterations of re- submittals. But there may be circumstances where the nature of the project warrants waiver of this requirement by the director. Such projects would have application requirements that are very straightforward and applicant understanding of the application requirements that make the mandatory pre -app process unnecessary. The administrative process necessary to support these ordinance amendments will establish flexibility for this distinction. Mandatory Community Meetings It was noted that the proposed ordinance does not stipulate that community meetings are mandatory. There was also some concern regarding the requirement for community meetings, their timing, how they should be conducted, who to contact and the burden they may place on the applicant and staff. The proposed ordinance authorizes the director of planning to schedule community meetings as determined to be appropriate. The intent is to assure the interested public understands the proposed project. In developing the concepts for these process changes, community meetings have been presumed to be mandatory to provide the interested public opportunity to know what the project proposes. But there may be circumstances where the nature of the project warrants waiver of this requirement by the director. Such projects would be those that do not generate public concerns. In some cases, the applicant may choose to hold a community meeting before making application, something the staff encourages, and such a meeting after making application may not be necessary. The administrative process necessary to support these ordinance amendments will establish flexibility for these distinctions and address the details of timing, format, notification and management. Deferrals Concern was expressed about the current possibility for repeated deferrals for projects that are advertised for public hearing with the Commission and Board which limit community awareness because the projects go "underground" for a period of time. On the other hand, it was also noted that deferrals are not desired by applicants, but sometimes are necessary to yield better projects that respond to Commission and /or Board issues. It should be noted that the current process allows only one deferral at the applicant's request once a public hearing is advertised. Requests for deferral at the public hearing are at the discretion of the Commission and Board. The proposed ordinance establishes the time within which the Commission and Board must make a decision, but it does not limit the number of Commission and Board deferrals. Staff believes that the proposed pre -app process and community meetings will greatly reduce the need for deferrals. Notifications regarding deferrals will be detailed in the administrative process necessary to support the ordinance amendments. Review schedule A desire was expressed for more flexibility in the review schedule since every re- submittal does not require the same amount of review time. There was also interest in integrating the Architectural Review Board (ARB) into the schedule of legislative reviews. Beyond the time within which the Commission and Board must make a decision, the review schedule itself is not spelled out in the proposed ordinance amendments. Nor are the particulars of who reviews a particular project. In developing the concepts for these process changes, a standard review schedule has been presumed to allow reviewing staff appropriate time to review multiple project reviews concurrently. But there may be circumstances where the nature of the project warrants waiver of the standard schedule by the director. Already, when possible, staff accelerates reviews for those applications that are fairly simple. It should also be noted that ARB staff already reviews projects in the Entrance Corridors as part of the legislative process. Small - projects /businesses Question was raised as to how the County is reaching out to the small business owners who want to understand and work through the process. Opinion was expressed that small business owners need a consultant to make it through the process. It was suggested that small businesses that have gone through the legislative process be consulted as to their experiences and recommendations for changes. As noted, the proposed ordinance amendments provide discretion to the director of planning in determining application requirements based on the nature of the project. As part of establishing the administrative process necessary to support the ordinance amendments staff will meet with small business applicants who have gone through the process in the last year to provide input on their process experiences and recommendations. It should be noted that Community Development and Office of Community and Business Partnerships are also coordinating in providing special assistance to small businesses that will be going through the County's development review processes. Fees It was recommended that projects which by their nature have application requirements that are very straightforward and reviews that are fairly simple have lower fees. It was also recommended that redevelopment of sites in a manner that addresses County development goals should have lower application and submittal requirements. The current fees were adopted in 2011. A review of these fees is planned for 2013. With the experience of the legislative process changes in place, these and other fee changes can be considered at that time. Application plans Question was raised as to the requirement for application plans and their content. The proposed ordinance amendments only stipulate the requirement for application plans with planned development re- zonings as is the case now. The expected content of these application plans is listed in the proposed ordinance language. These amendments further provide that the director of planning may require application plans for other legislative decisions based on the nature of the proposed project. The content of these plans can also be tailored to address the nature of the proposal. Staff believes these changes set the framework to accomplish an objective of the Economic Vitality Action Plan and affirmed by the Board in September, 2010, particularly through clearer expectations up front leading to complete applications that will allow for a more substantive initial review by staff, thus reducing the number of re- submittals and deferrals due to lack of information. A commitment to providing more information and guidance regarding projects will be a mutual responsibility of both applicants and staff from the beginning of discussion on potential applications. Because of the need to develop the necessary administrative process to enact these ordinance provisions and fully engage the development community in that effort, staff believes the effective date for this ZTA should be January 1, 2013. RECOMMENDATION: Staff recommends that following its public hearing the Planning Commission recommend approval of ZTA201200006 with an effective date of January 1, 2013. ATTACHMENTS A- November 29, 2012 Resolution of Intent B- Ordinance Amendments (Clean) C- Ordinance Amendments (Compare with notes) D- Proposed Process Steps E- Flowchart of Proposed Process 3 ATTACHMENT A RESOLUTION OF INTENT WHEREAS, the Albemarle County Zoning Ordinance includes regulations pertaining to applying for and reviewing zoning map amendments ( "rezonings ") and special use permits; and WHEREAS, in order to improve quality and efficiency in the application and review of requests for rezonings and special use permits, it may be desirable to amend the regulations in the Zoning Ordinance pertaining to the application requirements and the review procedures for rezonings and special use permits. 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 consider amending Albemarle County Code §§ 18 -31, Administration and Enforcement, and 18 -33, Amendments, and any other sections of the Zoning Ordinance deemed to be appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. ATTACHMENT A Draft: 08/13/12 ATTACHMENT B ORDINANCE NO. 12 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE, 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 I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, and Article IV, Procedure, are hereby amended and reordained as follows: By Amending: Sec. 3.1 Definitions Sec. 4.15.5 Signs authorized by special use permit Sec. 4.8.1 Determinations concerning unspecified uses Sec. 10.5.2 Where permitted by special use permit Sec. 20.1 Intent, where permitted Sec. 20.2 Application Sec. 30.1.2 Application Sec. 31.1 Designation of zoning administrator, authority Sec. 34.4 Application for variances Sec.35.1 Fees By Amending and Renaming: Old New Sec. 1.7 Official zoning map Zoning map Sec. 30.5.5 Permitted uses by right and special permit Permitted uses by right and by special use permit By Repealing: Sec. 1.9 Application for land use permit; payment of delinquent taxes Sec. 8.5.1 Applications and documents to be submitted Sec. 8.5.2 Preapplication conferences Sec. 8.5.3 Review and recommendation by the planning commission Sec. 8.5.4 Review and action by the board of supervisors; effect of approval Sec. 8.6 Amendments to planned development districts Sec. 20A.3 Application requirements; required documents and information Sec. 20A.4 Application plans Sec. 31.6 Special use permits Sec. 31.6.1 Reserved to board of supervisors Sec. 31.6.2 Application Sec. 31.6.3 Conditions Sec. 31.6.4 Revocation Sec. 31.8 Special exceptions Sec. 33.0 Amendments Sec. 33.1 Statement of purpose and intent Sec. 33.2 Initiation of amendments Sec. 33.2.1 Property owner petition Sec. 33.2.2 Untitled Sec. 33.2.3 Untitled Draft: 08/13/12 ATTACHMENT B Sec. 33.3 Proffer of conditions Sec. 33.3.1 Effect of conditions Sec. 33.3.2 Zoning map notation Sec. 33.3.3 Authority of zoning administrator Sec. 33.4 Public hearing -- notice Sec. 33.5 Report by planning commission to board of supervisors after hearing Sec. 33.6 Limitation on filing new petition after original denial Sec. 33.7 Withdrawal of petitions Sec. 33.8 Posting of property Sec. 33.8.1 Posting of property — planning commission hearing Sec. 33.8.2 Validation of prior notice requirement (Amended 6- 19 -96) Sec. 33.8.3 Maintenance and removal of signs Sec. 33.9 Matters to be considered in reviewing proposed amendments Sec. 33.10 Schedule of review Sec. 33.10.1 Untitled Sec. 33.10.2 Untitled By Adding: Sec. 33.1 Purpose and intent Sec. 33.2 Uniform requirements for the initiation of zoning text amendments and zoning map amendments Sec. 33.3 Uniform procedures for zoning text amendments and county- initiated zoning map amendments Sec. 33.4 Uniform procedures for owner- initiated zoning map amendments and special use permits Sec. 33.5 Uniform procedures for special exceptions Sec. 33.6 Zoning text amendments and zoning map amendments; relevant factors to be considered; effect of approval Sec. 33.7 Owner - initiated zoning map amendments; authority to accept proffers Sec. 33.8 Special use permits; relevant factors to be considered; conditions; revocation Sec. 33.9 Special exceptions; relevant factors to be considered; conditions Chapter 18. Zoning Article I. General Provisions Sec. 1.7 Official zoning p Zoning man Virginia, The unincorporated aFeas of Albemarle Ceu*ty, are hereby divided into distr4ets, map sheets efftided "Zoning Map of Albeinafle Gounty, Vir-ginia" whieh, together- with all expla-na4er-y ma4ter- The Zoning Map shall be identified by the signatufe or- the at4ested signatwe of the Chaiffflan of the Boar Stipervisor-s, together- with the date of adoption of this or-dinanee. The zoning ad+ninistFator- shall be responsible for- maintaining the Zoning Map, whieh sha4l be loeated in his offiees, together- with the etiffent zoning sta-vds of kad and water- afeas, buildings and other- sti=aetufes in The zoning administfator- shall be authorized to interpret the ettffen4 zoning status of kad a-ad wa4er- afeas, buildings and other- stmetufes in the eotmty. No eha-ages of any natwe shall be made on said Zoning Map or- any mat4er- shown ther-eon &Eeept in eonfbfmity Draft: 08/13/12 ATTACHMENT B with the pr-eeedufes and r-equir-emefAs of this or-dina-nee. 14 shall be unlawfidl for- any per-son to make unauthorized ehanges on the offieial Zoning Map. Violations of this provision shall be punishable as provided in section 37.0. The zoning man is identified, and shall be interpreted, as follows: a. Zoning man identified. The zoning man is composed of the several mans and digital source files and all dimensions, symbols, notations, and designations shown on the maps and in the digital source files, is maintained by the department of community development, and is incorporated by reference as part of this chapter. The zoning map is the digital form of the zoning map adopted on December 10. 1980. as amended by all zoning map amendments after that date. The zoning map also may exist in an analog zoning map book. b. Zoning man establishes the location and boundaries ofzoning districts. The location and boundaries of the zoning districts created by this chapter are hereby established as shown on the zoning map. The zoning map also includes symbols that represent the existence of conditions, including proffers, attaching to the zoning of a parcel on the zoning man. C. Interpretation. The zoning map shall be interpreted as follows: 1. District lines follow lot lines and center lines: boundary designated. The district boundaries shown on the zoning map are intended to follow the lot lines and the center lines of streets or alleys as they existed on December 10. 1980 and as hereafter amended; provided that where a district boundary obviously does not follow any such line, and is not depicted on an approved subdivision plat or site plan or described by dimensions or other means, the district boundary shall be determined by measurement using a scale. 2. Waterways, roads, streets. highways, railroads, and other rights -of -way: boundary not desi nated. All waterways, alleys, roads, streets, highways, railroads, and other ri hts- of-wav collectively, "features "), if not otherwise specifically designated and if not part of a parcel abutting the feature, shall be deemed to be in the same zoning district as the immediately abutting parcels, and the departing boundary lines from those abutting parcels shall be deemed to extend to the centerline of the feature. If the center line of a feature serves as a parcel boundary, the zoning of the feature, if not otherwise specifically designated, shall be deemed to be the same as that of the parcel to which it is a part. 3. Areas not otherwise designated. The intent of this chapter is to have the entire unincorporated territory of the county within a zoning district. Except for those features identified in subsection c)(2), any area shown on the zoning map having a white background shall be deemed to be in the rural areas (RA) zoning district. 4. Inconsistencies. If there is an inconsistency between any information shown on the zoning map and any decision made by the board of supervisors or an interpretation of the zoning map made by the board of zoning appeals after December 10, 1980, then the decision of the board of supervisors or the interpretation of the board of zoning appeals shall govern. d. Alterations and amendments. The zoning map shall not be altered or amended in any way except in compliance with the procedures and standards established by this chapter for a zoning map amendment. State law reference — Va. Code &S 15.2- 2285(A). 15.2- 2286(A)(7). 15.2 -2300 Draft: 08/13/12 ATTACHMENT B �•..�r��e , Erssfrr�n+s r -r. Prior- to initiation the for- . of relview of an applieation — . amendment, speeial ose PeR:Ait, N,afianee OF other- land use pet:mit, the zoning adfninistr-4or- shall require the applieant to pr-oduee safisfaetoi=y delinquepA real estate taxes owed to the Gotmt-y whieh haw been proper-!), assessed against evidenee that all the subjeet pr-opefty i have been The time for the deeision for- paid. applicable periods r- I nendation and on an appliea4ion a Sec. 3.1 Definitions Density, gross: The theoretical maximum number of dwelling units allowed per acre within a zoning district before complying with all applicable regulations pertaining to critical slopes, stream buffers, flood plains, minimum yards, maximum structure height, and other regulations affecting the development of a site. Density permitted by right: The maximum number of dwelling units allowed per acre within a zoning district Won complying with all applicable regulations pertaining to critical slopes, stream buffers, flood plains. minimum yards, maximum structure height. and other regulations pertaining to the development of a site. Digital source file: The media type and format to which an analog or digital source material is encoded and the file is used to produce a digital derivative. Owner: The owner or owners of the fee simple interest of real property. Special exception: An exception to the general regulations in anv particular zoning district pertaining to the size height, area, bulk or location of structures or the areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses, and of courts, _yards, and other open spaces to be left unoccupied by uses and structures. that is not permitted in anv particular zoning district except by a special exception granted under this chanter. Special use permit: A permit for a special use that is not permitted in a particular zoning district except by a special use permit granted under this chapter. Zoning map amendment: An amendment to the zoning map, which may include changing the boundaries of one or more zoning districts or the zoning district classification of one or more parcels: also sometimes referred to as a "rezoning." Zoning text amendment: An amendment to the regulations of this chapter, which may include amending changing Draft: 08/13/12 ATTACHMENT B or supplementing the regulations. Article II. Basic Regulations Sec. 4.8.1 Determinations concerning unspecified uses Uses other than those specified in district regulations as permitted by right or accessory uses may be added to a district on application by a 'a an owner, if the commission and board of supervisors find: a. That there is no clear intent to exclude such uses; and b. That the proposed use is appropriate within the district and would have no more adverse effects on other uses within the district, or on uses in adjoining districts, than would uses of the same general character permitted in the district. In such cases, the board of supervisors shall proceed to amend the ordinance in accord with the provisions of section 33.E Sec. 4.15.5 Signs authorized by special use permit Except as provided in subsection (d), electric message signs, off -site signs, and signs in public rights -of -way may be authorized only by special use permit, as provided herein: C. Procedure and administration. The application procedure, the findings and conditions to be applied by the board of zoning appeals when considering an application for a special use permit, and the authority to revoke such a permit, shall be as provided in section 34-.6 33 of this chapter. In addition to the foregoing: For an off -site sign, the board of zoning appeals shall also find that the issuance of a special use permit is necessary because an on -site sign would be ineffective to communicate its message off - site because of topography or vegetation. 2. For an electric message sign, the board of zoning appeals shall also find that the sign complies with all applicable state laws for such signs. A permit number for each special use permit issued for an off -site sign shall be affixed to the sign in a conspicuous place. State law reference – Va. Code &S 15.2-2280-15.2-2286, submitted, appheation. After- the appheation is plans, , Draft: 08/13/12 ATTACHMENT B 2. Existing topography the 1111111111111111111 1 1111111111 1 1 "1',"", 1 1 .......... I III I .......... I .......... I .......... I I t.,. in ... ........ shown the using o the county's t,,..,,,...,,..b . iea ififor-m ti.,.t• ogr-,,..1.;,.,,1 Z Existing ads �. 4. The easements, the Rm.,tion � n n development; s utilities; of the the � the developer-, if fiame of diff-efent from the proposed the I I N I NO _0 I i ... 1_1 of all ownefs; the fiame of twc in foufteen owner-; natne digit of f6fmat; per-son the who pfepar-ed distr-iot plan; all map disty-iets; and par-ee4 the number-s 2. Existing topography the t.,. in aceufately f shown the using o the county's t,,..,,,...,,..b . iea ififor-m ti.,.t• ogr-,,..1.;,.,,1 Z Existing ads �. 4. The easements, the Rm.,tion � n n development; s utilities; of the the � the developer-, if fiame of diff-efent from the proposed the nafnes the of all ownefs; the fiame of twc in foufteen owner-; natne digit of f6fmat; per-son the who pfepar-ed distr-iot plan; all map disty-iets; and par-ee4 the number-s distr-iet; (14) the zoning the and dat--bim all over-lay for- zoning if magisteFial *A- he--, 4feqAfflfie'�_ north point; is 1.I seale; ofie the tqE)E)d r-efer-enee hazard distfiet elevation; (seetion 30.3), any United pat4 of area pr-opose� over-lay the total the date the dfawing; the d sheet number-s and deseriptio 5. The on eaeh of the last sheet and .- v. neffiber- of sheets; of and present acprai43ng lot 6. Theo ;st:.i,. ttse lines; 1,.e of abt4ting and t:,.,, t "e and > size „4'ingress and egress to the site; > and 30 155 10 etseq.; An less than ineh to hundr-ed feet, tha4 e. appheation plan at a seale of not one (1) eqtial one (100) pr-ovided i The to be desigfia4ed 4 to be designated areas as pfeser-va4ion areas, appfopr-ia4e, and areas trees, tidal as eofiseR,ation afeas, sueh as streams, wooded ai-7eas, speeimen non wetlands, and other- Draft: 08/13/12 ATTACHMENT B fieeessar-y by spot elevations and af eas of the site wher-e existifig s!E)pes afe PA,eflty f4N,e (25) • w�wauswrr,�w�wxwan�ww�www 4. Typical stfeeter-oss seetiontoshow pr- � le, and olio a r. plan; coneeptual 7. The loeation featwes the development to the desi-g* the development, of eeatf a! ot: maj or- elements within essential of paflcs, open space, 8. A stieh as gfeen space land ineluding majot: employment e aes and dwelling types areas, Teer-e-atie par4ing densities, areas and stfidettif-es, ea the �-Ililvllli�- , floor- fe-r- sttmmai-y 0 of uses uses; and and gFoss af:eas • w�wauswrr,�w�wxwan�ww�www iw�r�wwl��il w�r�w mom w�wauswrr,�w�wxwan�ww�www iw�r�wwl��il w�r�w mom Draft: 08/13/12 ATTACHMENT B es�:r�e�ssr:rsr.�eess _ .�s:reess.. ero:erlre� s*stee!+ferss:re:� i= 2. Whether- the area proposed to be rezoned is appropriate for- a planned development ttnder- the sompf-ehefisive plan; the physiloal ehafaeter-isties of the afea proposed to be Fezoned; and the Fel.,t:,.n of the . ed to be a the . .�,1ing n 0 0 o t„ 0� F —wsin. NO I , M'11 ANN Draft: 08/13/12 ATTACHMENT B Article III. District Regulations Sec. 10.5.2 Where permitted by special use permit 10.5.2.1 The board of supervisors may authorize the issuance of a special use permit for more lots than the total number permitted under section 10.3.1 and section 10.3.2; provided that no such permit shall be issued for property within the boundaries for the watershed of any public drinking water supply impoundment, and further provided that no such permit shall be issued to allow more development lots within a proposed rural preservation development than that permitted by right under section 10.3.3.3(b). (Added 11 -8 -89; Amended 5 -5 -04 effective 7 -1 -04) The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in section 31.2.4.1 33.8 of this chapter with reference to the goals and objectives of the comprehensive plan relating to rural areas including the type of division proposed and specifically, as to this section only, with reference to the following: (Amended 11 -8 -89) State law reference — Va. Code && 15.2 -2280. 15.2 -2286. 9 �. • Article III. District Regulations Sec. 10.5.2 Where permitted by special use permit 10.5.2.1 The board of supervisors may authorize the issuance of a special use permit for more lots than the total number permitted under section 10.3.1 and section 10.3.2; provided that no such permit shall be issued for property within the boundaries for the watershed of any public drinking water supply impoundment, and further provided that no such permit shall be issued to allow more development lots within a proposed rural preservation development than that permitted by right under section 10.3.3.3(b). (Added 11 -8 -89; Amended 5 -5 -04 effective 7 -1 -04) The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in section 31.2.4.1 33.8 of this chapter with reference to the goals and objectives of the comprehensive plan relating to rural areas including the type of division proposed and specifically, as to this section only, with reference to the following: (Amended 11 -8 -89) State law reference — Va. Code && 15.2 -2280. 15.2 -2286. 9 Draft: 08/13/12 ATTACHMENT B Sec. 20.1 Intent, where permitted PUD districts may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for planned development districts in sections "and 330 and with densities and uses in locations in accordance with recommendations of the comprehensive plan. As described by the comprehensive plan, PUD districts are intended to serve as neighborhoods or mini- neighborhoods within designated communities and the urban area. Additionally, PUD districts may be appropriate where the establishment of a "new village" or the nucleus of a future community exists and where the PUD development would not preclude achievement of the county's objectives for the urban area, communities and villages. In order to encourage the community function, appropriate commercial and industrial uses are provided in addition to a variety of residential uses. It is intended that commercial and industrial development be limited to a scale appropriate to the support of the residential uses within the PUD; provided that additional commercial and industrial activity may be permitted upon a finding that the area in which the PUD is to be located is not adequately served by such use. It is intended that these regulations provide flexibility in residential development by providing for a mix of residential uses with appropriate nonresidential uses, alternative forms of housing, flexibility in internal relationships of design elements and, in appropriate cases, increases in gross residential densities over that provided in conventional districts. State law reference — Va. Code && 15.2 -2280. 15.2 -2286. Sec. 20.2 Application Notwithstanding the requirements and provisions of section ", planned development districts, generally, where certain planned community districts have been established and have been developed or received final site development plan approval prior to the adoption of this ordinance, such districts shall be considered to have been established as PUD districts under this ordinance and shall be so designated on the zoning map. State law reference — Va. Code S& 15.2 -2280. 15.2 -2286 i 1 141 111 11111i INNOW Oil. ff Draft: 08/13/12 ATTACHMENT B Str-a4egies for- faeilities, 40R*Water- e. facilities, establishing the shafed stemawater- the management ef4 site Management facilities. and pfoposed phasing of establishment of stonnwatef management to suppoA any element of the plan. 20A to suppoi4 (Or 03 18(2), 3 19 See. in to the a+ij, element 03; n,-a 09 of the 19(9), 10 eed-t- 14 09) 8.5. 1 the follo,,N,ing addition applieation .lie t:,,,. , ian in the a. The genefal plan RTN4D loeation of pfoposed Fequir-ements stfeets, of seetion alleys, sidewalks, (e), and pedestrian af e r-e"ir-ed elements of an paths; section 20A.9; e. A eafieept--btal lot lay out; infoFfflation supplemented "er-e Reeessafy by spot elevations and areas of the site where &Eistifig 4epe& are twenty five (25) ° ° > seale, and stFeetseape, fi Any proposed eenneetions to e�iisting and pfoposed stfeets, as well as proposed ther-otighfares shown on 9. The gener-al la-y oidt for- the water and sewef systems, eoneeptual storfflwa4ef management, and -a h. The loeation of eePAr-al features or- major- elements within the developmepA essepAial to the design of the development, stieh as ktilding envelopes, major- emplayment areas, parking areas and stfidettires, elvfe eoneeptual are-as, padis, open span green sp ies -a eer-e-atien are-as. (Ord. 03 19(2), 3 19 03; Ord. 09 18(9), 10 14 09) See. 30.1.2 Application Overlay districts and amendments thereof shall be established in accordance with the provisions of section 33-.0 of this a chanter. State law reference — Va. Code 6 15.2- 2286(Al(41. 11 Draft: 08/13/12 ATTACHMENT B Sec. 30.5.5 Permitted uses by right and by special use permit 30.5.5.2 Within the immediate environs of any stream designated in section 30.5.2, no person shall commence any use involving the construction of any structure, the cutting of any living tree over six (6) inches caliper measured at six (6) inches above ground level, or the grading or other like physical alterations of the immediate environs of such stream except as follows: (Amended 9 -9- 92) d. The following uses by special use permit only: 6. Bridges, causeways and other similar structures designed for pedestrian and/or vehicular access; provided that the board of supervisors shall find, by clear and convincing evidence, in addition to the findings fe"47ed by seetion 31.2.4.1 factors to be considered under section 33.8, that: Article IV. Procedure Sec. 31.1 Designation of zoning administrator, authority The office of zoning administrator is hereby established, subject to the following: a. Authority. The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce this chapter. This authority includes, but is not limited to: Interpreting this chapter and the official zoning map; 2. Administering this chapter by making determinations and decisions on any matters arising under this chapter, including but not limited to, how a building, structure or use should be classified, whether a use is permitted within a particular zoning district, whether a proposed building or structure complies with setback, height, bulk and other requirements, whether a building, structure, use or lot is nonconforming, and whether a lot meets minimum lot size requirements. Ordering in writing the remedying of any use or structure determined to be in violation of this chapter; 4. Insuring compliance with this chapter, bringing legal action, including an action for (injunction, abatement, civil penalties or other appropriate action or proceeding subject to appeal as provided by Virginia Code § 15.2 -2311 and this chapter; In specific cases, making findings of fact and, with concurrence of the county attorney, conclusions of law regarding determinations of rights under Virginia Code §§ 15.2 -2307 and 15.2- 2311(C); 12 Draft: 08/13/12 ATTACHMENT B 6. Enforcing the provisions of this chapter regulating the number of persons permitted to occupy a single - family residential dwelling unit, provided such enforcement is in compliance with applicable local, state and federal fair housing laws; a*d Making decisions and determinations as to whether a pending site plan, subdivision plat, building permit application or any other application subject to review and approval by the county or the program authority complies with this chapter..; 8. Administering and enforcing proffers accented in coniunction with zoning man amendments including: (i) ordering in writing the remedying of any noncompliance with the proffers: (ii) insuring compliance with the proffers by bringing legal action, including an action for injunction . abatement, or other appropriate action or proceeding: and (iii) requiring a guarantee in the form of a surety bond, letter of credit, cash deposit, or another form of guarantee determined to be acceptable by the county attorney, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the proffers or a contract for the construction of the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the zoning administrator, upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part: and 9. Keeping and making available for public inspection a conditional zoning index. The index shall provide ready access to the proffers accepted in conjunction with a zoning map amendment and the regulations provided for in a particular zoning district or zone. The index also shall provide ready access to all proffered cash payments and expenditures disclosure reports prepared by the board of supervisors pursuant to Virginia Code & 15.2- 2303.2. The zoning administrator shall update the index annually and no later than November 30 of each year. Absence of specific authority not a limitation. The specific authority expressly granted to the zoning administrator in other sections of this chapter shall not be construed to be a limitation on the authority of the zoning administrator to administer and enforce those sections where specific authority is not expressed. State law reference — Va. Code S& 15.2- 2286(A)(4). (14). 15.2 -2299. 15.2 -2300. rem- We M ma •m • mum MM fei5!Tl��:�iil�!TT�Ef _ .iTl�SR!� _ ....!....T...... efYSrrte![:�TlTTZflTl�f[L�!* MEEMMMMULL. • O �• 13 Draft: 08/13/12 ATTACHMENT B • �• �l 14 the defer-fal for- determined to be ta I the of pefiod a period reasonable, Fation si�e request extension made, •� WIN Will -�m- . I �. • �• �l 14 the defer-fal for- determined to be ta I the of pefiod a period reasonable, Fation si�e request extension made, • �• �l 14 Draft: 08/13/12 ATTACHMENT B •� • • O �• , �. buffering; the to the building anWor- ser-eening or- establishment ingress of special r-equir-ements r-elating hOtfFS setbacks, side and fear- yar-ds, Off dwation intensity StFeet par-king, building height and egress, Of side storage of materials, &Eeept the and o�ttse, and"or- othef pai4ietilaf aspeets of oeettPaney ol: use. as t be deemed to be to from the issuance the it atithor-ity of sp-I sh-A-111 essential and nonsever-able of peffnit •� • • O �• •� ANZAI 15 , �. •� ANZAI 15 , •� ANZAI 15 Draft: 08/13/12 ATTACHMENT B Section 33 Zoning Text Amendments, Zoning Man Amendments, Special Use Permits and Special Exceptions gm—LANUAIMEMMUMO NO 11. WIN WWW"Ismil", 111 • _ gm—LANUAIMEMMUMO in the follow* - MO. 16 WIN WWW"Ismil", 111 in the follow* - MO. 16 Draft: 08/13/12 ATTACHMENT B 0. . . • !( ...... !!!.f!Efff!tZS7�ST.�:!l�Sti!Eff !1t:1 lt1:!!f!TSlEfF7i l7><'iITS.T.EIS:�R iii. . ju • �i �. !( ...... !!!.f!Efff!tZS7�ST.�:!l�Sti!Eff !1t:1 lt1:!!f!TSlEfF7i l7><'iITS.T.EIS:�R iii. . ju • �i • • • I a Ell • ME! A 1011 �. �. Will I WE V MEN • • • I a Ell • ME! A 1011 17 Rolm 17 Draft: 08/13/12 ATTACHMENT B (12 10 90; Or-El. 03 18(2),3 19 03) new petition after- original denial See. 33.6 Limitation on filing Upon the by the boafd filed to 33.2.1 Elenial the be of supefvisors of any petition pttfsuafA section tWe!N'e the date above, substantial4y Of deflial. same petition shall not feeofisider-ed Withifl (12) fRORthS Of See. 33.7 Withdrawal of petitions A be . ,:tb.,7,-.,.wn .. be ,700,x.0,] to be , ,;tl„7,-awf her mmullill petition shall (12 10 90; Or-El. 03 18(2),3 19 03) new petition after- original denial See. 33.6 Limitation on filing Upon the by the boafd filed to 33.2.1 Elenial the be of supefvisors of any petition pttfsuafA section tWe!N'e the date above, substantial4y Of deflial. same petition shall not feeofisider-ed Withifl (12) fRORthS Of See. 33.7 Withdrawal of petitions A be . ,:tb.,7,-.,.wn .. be ,700,x.0,] to be , ,;tl„7,-awf her petition shall as vide -einr am - • •_ • 18 Draft: 08/13/12 ATTACHMENT B 19 mull, "11 No" 11iffil-111-1- 1 1116 1111111111 HIM Pm rx rx •• . • 19 1 • • 19 I - S-1 - ININ Sec. 33.1 Purpose and intent Draft: 08/13/12 ATTACHMENT B The purpose and intent of section 33 is to establish the procedural and substantive requirements and criteria for considering and acting on zoning text amendments, zoning map amendments, special use permits, except for those delegated by this chapter to the board of zoning appeals, and special exceptions. niform requirements for the initiation of zoning text amendments and zoning man amendments The board of supervisors may amend, supplement, or change the zoning re lations. district boundaries, or classifications of property whenever the public necessity, convenience, general welfare, or good zoning practice requires. The initiation of this process shall be as follows. a. Initiation of zoning text amendment. Any zoning text amendment shall be initiated: (i) by resolution of the board of supervisors: or (ii) by motion or resolution of the commission. Any county officer or any other person may request that the board of supervisors or the commission initiate a zoning text amendment. The board of supervisors shall consider an owner - requested zoning text amendment at specified intervals of three (3) months on dates established by resolution of the board in January each b. Initiation of zoning man amendment. Any proposed zoning map amendment shall be initiated: (i) by resolution of the board of supervisors: (iiiij by motion or resolution of the commission: or (iii) by application of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor (collectively, the "owner ") of the parcel(s) that is the subject of the proposed zoning map amendment ( "owner- initiated application" ). 1. Required signatures on owner- initiated application. Each owner - initiated application for a zoning map amendment shall be signed by the owner of each parcel that is the subject of the proposed zoning map amendment, provided that: a. Amendments to existing proffers. An owner whose Darcel is subiect to proffers may aDDI to amend the proffers applicable solely the owner's parcel, provided that written notice of the application is provided to the owners of other parcels subject to the same proffers under Virginia Code && 15.2- 2204(H) and 15.2 -2302. However, the signatures of the owners of the other parcels subject to the same proffers shall not be required b. Amendments to planned developments. An owner within an existing Dlanned development may apply for a zoning map amendment, and the signatures of any other owners within the planned development is required only if the amendment could result in or require: i) a change in use, density or intensity on that parcel: (ii) a change to any regulation in a code of development that would apply to that parcel: (iii) a change to an owner's express obligation under a regulation in a code of development: or (iv) a change to the application plan that would apply to that parcel. 20 Draft: 08/13/12 ATTACHMENT B 2. Documentation. The director of planning may require the applicant to submit documentation establishing ownership of any parcel and the authority of the signatory to sign the application on behalf of the owner. State law reference — Va. Code && 15.2 -2285. 15.2- 2286(A) (4). (7). 15.2 -2302. Sec. 33.3 Uniform procedures for zoning text amendments and county- initiated zoning map amendmmis Each zonin_ text amendment and each county- initiated zoning map amendment shall be subject to the following: a. Determining completeness of the application for zoning man amendment: rejecting incomplete applications. An application that provides all of the information required by the director of planning shall be determined to be complete and be accepted for review and decision. b. Worksessions and community meetings. The director of planning is authorized to schedule worksessions before the board of supervisors, the commission and the architectural review board, if applicable. and community meetings . as he determines to be appropriate. C. Public hearings. Before the board of supervisors acts on a zoning text amendment or a zoning man amendment, the commission shall hold at least one public hearing before making its recommendation to the board on each application. The board also shall hold at least one public hearing before acting on the zoning text amendment or zoning map amendment. d. Notice ofvublic hearings. Notice of public hearings shall be provided as follows: 1. Published and mailed notice. Notice of the public hearing before the commission and the board of supervisors on an application shall be provided as required by Virginia Code & 15.2 -2204 and Virginia Code & 15.2- 2285(Cl. 2. Posted notice. Notice of the public hearing before the commission and the board of supervisors on each application for a zoning map amendment shall be posted as provided in section 33.4(m)(2) to the extent those provisions are applicable in the context of the application. e. Time for decision. Decisions shall be made within the following periods: 1. By the commission. Once an application is determined to be complete as provided in subsection al, it shall be acted on by the commission within ninety (90) days following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning. The failure of the commission to make a recommendation on the application within the ninety (90) day period shall be deemed to be a recommendation of approval, unless the commission extends the ninety (90) day period. 2. By the board ofsuvervisors. An application shall be acted on by the board of supervisors within a reasonable period as may be necessary not to exceed twelve (12) months following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, unless the board extends the twelve (121 month period. 3. Referral. The board of supervisors may refer an application to the commission after the commission has made a recommendation or the application has been deemed to be recommended for approval, provided that further action by the commission and action by the board is within the 21 Draft: 08/13/12 ATTACHMENT B twelve (12) month period provided in subsection (e)(21 unless the twelve (12) month period is extended. f. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(Fl. State law reference — Va. Code &S 15.2 -2204. 15.2 -2285. 15.2- 2286(Al (41. (7). See. 33.4 Uniform procedures for owner - initiated zoning map amendments and special use permits Each application for an owner- initiated zoning map amendment or special use permit, except for those delegated by this chapter to the board of zoning appeals under section 4.15.5, shall be subject to the following: a. Pre - application meeting. The director of planning is authorized to require a pre - application meeting ith any applicant, to require that the applicant complete and submit information on county- provided forms before submitting an pplication. and to establish procedures for responding to the information submitted by the applicant (collectively, the "pre - application meeting"), subject to the following: 1. Factors to consider. In considering whether to reauire a pre - application meeting. the director shall consider the proposed use, the proposed density, the proposed zoning district. and other considerations he determines to be relevant under sound zoning principles so as to be able to identify what supplemental information delineated in subsection (c) the applicant must submit with the application. 2. Waiver when required supplemental information already identified. The director in his discretion may waive the pre - application meeting if he has identified the supplemental information delineated in subsection (c) that must be submitted with each application for a particular class of zoning map amendments or special use permits. b. Applications. Each application shall be composed of a completed county-provided application form and supplemental information (collectively, the "application") required to review and act on the application. 1. Application forms. The director of planning is authorized to establish appropriate application forms for zoning map amendments and special use permits. The application form shall delineate the supplemental information required to be provided. as set forth in subsection (b)(21 2. When supplemental information may be reauired: establish or amend conventional zonin districts: amend planned development districts: obtain or amend special use permits. For each application for a zoning map amendment to establish or amend a conventional zoning district, to amend a planned development district, and for each application to obtain or amend a special use permit, the director of planning may require some or all of the supplemental information required by subsection (c) to be submitted with each application. In determining what supplemental information must be submitted, the director shall consider the proposed use, the proposed density the proposed zoning district, and other considerations he determines to be relevant under sound zoning principles, 3. When supplemental information required: establish planned development districts. Each application to establish or amend a planned development district shall submit all of the following supplemental information. C. Elements of the supplemental information. The supplemental information is the following: 22 Draft: 08/13/12 ATTACHMENT B 1. Proiect vroposal. A narrative of the proiect proposal, including its public need or benefit: an application to establish a neighborhood model district shall include a statement describing how the proposed district satisfies the intent of this chanter and if one or more characteristics of the neighborhood model delineated in section 20A.1 are missing from an application, the applicant shall justify why any characteristics cannot or should not be provided. 2. Comprehensive plan. A narrative of the proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area: an application to establish a neighborhood model district also shall include a narrative as to the project's consistency with the neighborhood model. 3. Impacts on public facilities and infrastructure. A narrative of the proposed project's impacts on public facilities and public infrastructure. 4. Impacts on environmental features. A narrative of the proposed project's impacts on environmental features. 5. Proposed proffers to address impacts. A narrative of the proffers proposed to address impacts from the proposed project. 6. Maps. One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions: if the project is to amend an existing planned development district and the proposed amendment would affect less area than the entire district, the applicant shall submit a map showing the entire existing planned development district and identifying any area to be added to or deleted from the district, or identifying the area to which the amended application plan, code of development, proffers or any special use permit or special exception would apply. 7. Plan of development or application plan. A plan of development or, for an application to establish a planned development district, an application plan, showing: (i) the street network, including circulation within the project and connections to existing proposed or planned streets within and outside of the project: (ii) typical cross - sections to show proportions, scale and streetscape /cross - sections /circulation; (iii) the general location of pedestrian and bicycle facilities: iv) building nvelopes; (y) parkin envelopes; (vi) public spaces and amenities; (vii) areas to be designated as conservation and/or preservation areas: (viii) conceptual stormwater detention facility locations: (ix) conceptual grading; and (x) a use table delineating use types, the number of dwelling units, non - residential square footage, building stories and/or heights, build -to lines . setbacks and yards, and other features. In addition: a. Additional information for all planned development districts. An application Dlan to establish a planned development district shall include, in addition to that required by subsection (c)(7): (i) topography, using the county's geographic information system or better topographical information and the source of the topographical information, supplemented where necessary spot elevations and areas of the site where there are existing critical slopes: (ii) a conceptual lot layout: (iii) the general layout for water and sewer systems; (iv) the location of central features or major elements within the project essential to the design of the project, such as major employment areas, arl ng areas and structures, civic areas, parks, open space, green spaces, amenities and recreation area and (v) standards of development including proposed yards, open space characteristics. 23 Draft: 08/13/12 ATTACHMENT B and any landscape or architectural characteristics related to scale, proportions, and massing at the edge of the district. b. Additional information for all neighborhood model districts. An application to establish a neighborhood model district shall include, in addition to that required by subsections cl(7) and (c)(7)(a, the location of proposed green spaces and amenities as provided in section 20A.9. 8. Code ofdevelonment in a vrovosed neighborhood model district. An application to establish a neighborhood model district shall include a code of development satisfying the requirements of section 20A.5. 9. Parking and loading needs study in a proposed neighborhood model district. An application to establish a neighborhood model district shall include a parking and loading needs study that demonstrates parking needs and requirements and includes strategies for dealing with these needs and requirements, including phasing plans, parking alternatives as provided in section 4.12.8. and transportation demand management strategies as provided in section 4.12.12: provided that the applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. 10. Stormwater management in a proposed neighborhood model district. An application to establish a neighborhood model district shall include strategies for establishing shared stormwater management facilities. off -site stormwater management facilities, and the proposed phasing of f the establishment of stormwater management facilities. 11. Traffic impact statement. For zoning map amendments. a local traffic impact statement as required by Virginia Code & 15.2- 2222.1 and 24 VAC 30- 155 -40. 12. Recorded plat or boundary survey. The most recently recorded plat of the parcel(s) composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed project, both of which shall include a metes and bounds description of the boundaries. 13. Ownership information. Documents that verify the identity of all record title owners of the parcel(s) composing heproposed project and documents identifying the authorized signatories of the application, the proffer statement, if applicable, and all other related documents. 14. Contact person. The name, address, telephone number and e -mail address of a single contact person for communications between the county and the applicant. 15. Other information. Other special studies or documentation, if applicable, and any other ther information identified as necessary y the county on the pre - application comment form. d. Payment of delinquent taxes. The applicant shall provide satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the county and have been properly_ assessed against the subject property, have been paid. e. Filing the application: number of copies. The owner, the owner's agent, or a contract purchaser with the owner's written consent (the "applicant") may file the application with the department of community 24 Draft: 08/13/12 ATTACHMENT B development. The director of planning is authorized to establish for each class of application the number of collated copies of the application required to be filed. f. Determining completeness of the application: rejecting incomplete applications. An application that provides all of the required information shall be determined to be complete and be accepted for review and decision. An application omitting any required information shall be deemed to be incomplete and shall not be accepted. 1. Timing of determination of completeness. The director of planning shall determine whether an application is complete within ten (10) days after the application was received. 2. Procedure if application is incomplete. The director of planning shall inform the applicant by letter explaining the reasons why the application was rejected as being incomplete. The letter shall be sent by first class mail, be personally delivered or, if consented to by the applicant in writing, by fax or email. 3. Effect if timely determination not made. If the director of planning does not send or deliver the notice as provided in subsection (f)(2) within the ten (10) day period. the application shall be deemed to be complete, provided that the director may require the applicant to later provide the omitted information within a period specified by the director, and further provided that the director may reject the application as provided herein if the applicant fails to timely provide the omitted information. 4. Notice to other owners of application for zoning may amendment to amend existingSro fers. Within ten (10) days after an application for a zoning map amendment seeking to amend existing proffers is determined to be complete, written notice of the proposed amendment shall be provided to each owner subject to the same proffers as required by Virginia Code && 2204(H) and and 15.2 -2302. Pavment of fees. When an application is determined to be complete. the applicant shall Dav the fee required by section 35.1 before the application is further processed. h. Resubmittal of application originally determined to be incomplete. Within six (6) months after the date the letter that an application was rejected as being ncomplete was mailed, faxed, emailed or delivered by the director of planning as provided in subsection (f)(2), the applicant may resubmit the application with all of the information required by (b) and (c) for a new determination of completeness under subsection (fl. i. Worksessions. For any application, the director of planning may schedule worksessions before the board of supervisors, the commission. and the architectural review board, if applicable, as he determines to be appropriate considering the nature of the approval requested, the acreage affected, the possible impacts that could result from an approved application, and any other factors deemed relevant upon appl n�ng sound zoning principles. j. Community meetings. For anyapplication, the director of planning may schedule community meetings as he determines to be appropriate considering the nature of the approval requested, the acreage affected the possible impacts that could result from an approved application, and any other factors deemed relevant upon applying sound zoning principles. The director of planning is authorized to establish written guidelines pertaining to which applications should have community meetings, when in the process community meetings should be conducted, and how a community meeting should be conducted including. but not limited to, how and to whom notice should be provided for community meetings, who should 25 Draft: 08/13/12 ATTACHMENT B schedule and lead the meeting. the format of the meeting, and how the issues identified at the meeting should be documented. k. Review ofstaffcomments. Upon request by the applicant, the director of planning shall meet with the applicant to review comments to the application made by county staff. 1. Public hearings. Before the board of supervisors acts on a zoning map amendment or a special use permit. the commission shall hold at least one public hearing before making its recommendation to the board on each application. The board shall hold at least one public hearing before approving an application. In. Notice ofvublic hearings. Notice of public hearings shall be provided as follows: 1. Published and mailed notice. Notice of the public hearing before the commission and the board of supervisors on an application shall be provided as required by Virginia Code & 15.2 -2204: for zoning map amendments, as also provided by Virginia Code & 15.2- 2285(C): and, for zoning map amendments seeking to amend an existing planned development district, written notice of the proposed amendment also shall be provided to the owner of each parcel within the planned development district and the substance of that notice shall be as required by Virginia Code & 15.2- 2204(B). paragraph 1, regardless of the number of parcels affected. 2. Posted notice. Notice of the public hearing before the commission and the board of supervisors on each application shall be posted, as follows: a. When sign must be vosted. The sign shall be posted by the zoning administrator at least fifteen (15) days before the commission's public hearing on the application and shall remain posted until the board of supervisors has acted on the application or the application has been withdrawn. b. Where sign to be located. The sign shall be erected within ten (10) feet of each boundary line of the parcel(s) that abuts a street and shall be so placed as to be clearly visible from the street. If more than one street abuts the parcel(s), then either: (1) a sign shall be erected in the same manner as above for each abutting street: or (21 if the area of the parcel(s) to be used if the application was granted is confined to a particular portion of the parcel(s), a sign erected in the same manner as above for the abutting street that is in closest proximity to, or would be impacted bv, the proposed use. A sign need not be posted along Interstate 64 or along any abutting street if the sign would not be visible from that street. If no street abuts the parcel(s), then signs shall be erected in the same manner as above on at least two boundaries of the parcel(s) abutting land not owned by the applicant in locations that are most conspicuous to the public. The filing of the application shall be deemed to grant consent to the zoning administrator to enter the parcel(s) to erect the signs. C. Content ofsivn. Each sign shall state that the parcel(s) is subject to a public hearing and explain how to obtain additional information about the public hearing d. Maintaining the sign. The applicant shall diligently protect each sign from vandalism and theft, maintain each sign in an erect position in its posted location, and ensure that each sign remains legible. The failure of an applicant to comply with these responsibilities may be cause for the commission or the board of supervisors to defer action on an application until there is reasonable compliance with this subsection. 26 Draft: 08/13/12 ATTACHMENT B e. Ownership ofsign: violation for removing or tampering with sign. Each sign is the property of the board of supervisors. It shall be unlawful for any person to remove or tamper with any sign, except the applicant performing maintenance required by this subsection or the zoning administrator. f. Effect of failure to comply. If the requirements of this subsection to post notice are not complied with: 1. Prior to action by board. The board of supervisors may defer taking action on an application if it finds that the failure to comply with this subsection materially deprived the public of reasonable notice of the public hearing. 2. Action not invalid. No action on an application shall be declared invalid solely because of the failure to post notice as required by this subsection. n. Time for decision. Each application shall be acted on as follows: 1. By the planning commission. An application shall be acted on by the commission within nine (90) days following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning. The failure of the commission to make a recommendation on the application within the ninety (901 daperiod shall be deemed to be a recommendation of approval unless the applicant requests or consents to the nine (t�v period being extended. 2. By the board ofsupervisors. An application shall be acted on by the board of supervisors within a reasonable period as may be necessary not to exceed twelve (12) months following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, unless the applicant requests or consents to the twelve (12) month period being extended. 3. Tolling period in which action is required by the commission or the board of supervisors shall be tolled during any period in which the applicant has requested that the review of the application be suspended or the public hearings or action thereon be deferred or continued. 4. Referral. The board of supervisors may refer an application to the commission after the commission has made a recommendation or the application has been deemed to be recommended for approval, provided that further action by the commission and action by the board of supervisors is within twelve (12) months following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, unless the applicant requests or consents to the twelve (12) month period being extended. o. Recommendation by commission. The commission shall either recommend approval of the application as proposed, approval subject to changes being made prior to action by the board of supervisors. or disapproval. For any application for a zoning map amendment the commission's recommendation also should include its recommendations on proposed proffers and, for any application to establish or amend a planned development district, its recommendations on the application plan, the standards of development code of development, and any pecial exception requested b, the he applicant under section 8.2. For any application for a special use permit, the commission's recommendation should include its recommendations on the proposed conditions. 27 Draft: 08/13/12 ATTACHMENT B D. Action by the board ofsuvervisors. The board of supervisors may either approve or deny the application. or defer action to allow changes to be made prior to final action by the board. Intensification of use classification prohibited without additional notice and hearing. No land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice is provided as required by Virginia Code && 15.2 -2204 and 15.2- 2285(Cl. r. Withdrawal of application. An application may be withdrawn, or be deemed to be withdrawn, as provided herein: 1. Reauest to withdraw by applicant. An application may be withdrawn upon written reauest by the applicant. The written request must be received by the body considering the application prior to it beginning consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without further action by the commission or the board of supervisors. An applicant may not submit an application that is substantially the same as the withdrawn application within one (1) year of the date of withdrawal unless the body_ considerin tg he application at the time of withdrawal specifies that the time limitation shall not apply. 2. When application deemed withdrawn. An application shall be deemed to have been voluntaril withdrawn if the applicant requested that further processing or formal action on the application be indefinitely deferred and the commission or the board of supervisors is not requested by the applicant to take action on the application within one (1) year after the date the deferral was requested. Upon written request received by the director of planning before the one (11 year period expires, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed use, the complexity_ of the review, and the laws in effect at the time the request for extension is made. S. Resubmittal ofsimilar denied application. An applicant may not submit an application that is substantially the same as the denied application within one (1) year after the date of the denial. t. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(F1. State law reference — Va. Code && 15.2 -2204. 15.2 -2285. 15.2- 2286(A)(3). (4). (7L (B). See, 33.5 Uniform procedures for special exceptions Each application for a special exception shall be subject to the following: a. Matters requiring a special exception. Notwithstanding any other section of this chapter. 1. Any request for a waiver, modification, variation or substitution permitted by this chapter shall be considered and acted upon by the board of supervisors, provided that no special exception shall be required for the development and construction of residential dwellings at the use, height and density permitted by right in the applicable zoning district. 2. Any requirement for a decision by the commission required by this chapter shall be considered and acted upon by the board of supervisors. For the purposes of this section, a decision by the commission does not include the consideration and action by the commission on a preliminary or 28 Draft: 08/13/12 ATTACHMENT B final site plan under section 32 of this chanter or any variation or exception provided in section 32. b. Application. Each application for a special exception shall be made as provided by, and include the information required by, the applicable section of this chapter authorizing the waiver, modification, variation or substitution. An application shall be deemed to be officially submitted when the applicant has submitted all of the required information as determined by the director of planning. C. Public hearings. Before the board of supervisors acts on a special exception that would increase by greater than fifty (50) percent the bulk or height of an existing or proposed building within one -half mile of an adjoining locality, the commission shall hold at least one public hearing before making recommendation to the board on each application. The board shall hold at least one public hearing before approving an application. d. Notice of public hearings. Notice of public hearing before the commission and the board of supervisors on an application for which a public hearing is required under subsection (c) shall be provided as required by Virginia Code & 15.2- 2204(Cl. e. Time for decision. Each application for a special exception shall be acted on by the board of supervisors within ninety (90) days following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, or concurrently with a zoning map amendment, special use permit, or site plan appeal, whichever is longer. f. Recommendation by planning commission. For those applications considered by the commission, the commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the board of supervisors, or disapproval. The commission's recommendation should include its recommendations on the proposed conditions. g. Action by the board ofsunervisors. The board of supervisors may either approve the application. either with or without the conditions recommended by the commission, if applicable, or otherwise, deny the application, or defer action to allow changes to be made prior to final action by the board. h. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(F). State law reference — Va. Code S 15.2- 2286W(3). 15.2- 2288.1. See, 33.6 Zoning text amendments and zoning man amendments: relevant factors to be considered: effect of approval A zoning text amendment or a zoning map amendment shall be subject to the following: a. Basis to act. The board of supervisors may amend, supplement, or change the zoning regulations, district boundaries, or classifications of property whenever the public necessity, convenience, general welfare, or good zoning practice requires. The commission shall consider these bases when making a recommendation on an application. b. Factors to be considered when acting. The commission and the board of supervisors shall reasonably consider the following factors when they are reviewing and acting upon zoning text amendments and zoning map amendments: (i) the existing use and character of property (ii) the comprehensive plan: (iii) the suitability of property for various uses: (iv) the trends of growth or change: (v) the current and future 29 Draft: 08/13/12 ATTACHMENT B requirements of the community as to land for various purposes as determined by population and economic studies and other studies: (vi) the transportation requirements of the community: (vii) the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services: - viii the conservation of natural resources: (ix) the preservation of flood plains: (x) the protection of life and property from impounding structure failures: (xi) the preservation of agricultural and forestal land: (xii) the conservation of properties and their values: and (xiii) the encouragement of the most appropriate use of land throughout the county. 1. Additional factors to be considered when acting: annlication to establish planned development district. In addition to the other factors relevant to the consideration of a zoning map amendment. the commission and the board of supervisors shall consider the following when reviewinan application to establish a Dlanned development district: (i) whether the proposed planned development satisfies the purpose and intent of the planned development district: (ii) whether the area proposed to be rezoned is appropriate for a planned development under the comprehensive plan: and (iii) the relation of the proposed planned development to major roads, utilities, public facilities and services. 2. Additional factors to be considered when acting: annlication to amend existing planned development district. In addition to the other factors relevant to the consideration of a zoning map amendment, including those in subsections (b) and (b)(1), the commission and the board of supervisors shall consider the following when reviewing an application to amend an existing planned development district: (i) whether the proposed amendment reduces, maintains or enhances the elements of a planned development set forth in section 8.3: and (iij the extent to which the proposed amendment impacts the other parcels within the planned development district. C. Effect ofavvroval. The board of supervisors' approval of a zoning map amendment shall constitute acceptance of the proffers and also, for any application to establish or amend a planned development district, approval of the application plan, all standards of development. the code of development, and any waivers or modifications it has ap_Droved by special exception as provided under section 8.2. The zoning district designation, the accepted proffers, and, if applicable, the approved application plan, standards of development, and code of development, and, if applicable, the special exception shall be included as part of the zoning regulations applicable to parcels) that were the subject of the zoning map amendment. State law reference — Va. Code && 15.2 -2284. 15.2 -2285. 15.2- 2286(Al(71. Sec. 33.7 Owner - initiated zoning map amendments: authority to accept proffers The board of supervisors is authorized to accept proffers pursuant to Virginia Code � 15.2 -2303 in conjunction with owner- initiated zoning map amendments as follows: a. Purpose. Proffers are conditions that are intended to provide for the protection of the community that are not generally pplicable to land similarly zoned. Accordingly, proffers are reasonable conditions that are in addition to the regulations provided for the zoning district under this chapter. b. Form. Proffers shall be in writing and in a form that is approved by the county attorney. The director of planning is authorized to provide applicants with a proffer statement form. C. Timing ofsubmittal. Proffers, signed by the owner of all parcels subject to the zoning map amendment. shall be submitted to the department of community . development prior to the public hearing before the board of supervisors on the proposed public hearing. The director of planning is authorized to establish 30 Draft: 08/13/12 ATTACHMENT B written :guidelines that require signed proffers to be submitted a reasonable period of time-12n or to the public hearing so as to allow the county and members of the Dublic a reasonable period of time to review the proffers. d. Amendments to proposed proffers after public hearing has begun. The board of supervisors may accept in its sole discretion, amended proffers once the public hearing on the zoning map amendment has begun if it concludes that the amended proffers do not materially affect the overall proposal. e. Effect of proffers once accepted. Once Droffered and accepted by the board of supervisors in coniunction with an approved zoning map amendment, the proffers shall continue in effect until a subsequent zoning map amendment changes the zoning of the parcel(s) subject to the proffers: provided that the proffers shall continue in effect if the subsequent zoning map amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. £ Subseauent amendments to proffers. Once accepted by the board of supervisors in coniunction with an approved zoning maD amendment, proffers maybe amended only by an owner- initiated zoning map amendment as provided in sections 33.4, 33.6 and this section. The board is authorized to waive, in its sole discretion, the requirement for a public hearing on an application to amend the proffers if it concludes that the proposed amendments do not pertain to conditions affecting use or density_ and. if applicable, the notice required by section 33.4(fl(4) was provided. State law reference — Va. Code && 15.2 -2296. 15.2 -2302. 15.2 -2303. See. 33.8 Special use Hermits: relevant factors to be considered: conditions: revocation Special use permits shall be subject to the following: a. Factors to be considered when acting. The commission and the board of supervisors shall reasonably consider the following factors when they are reviewing and acting upon an application for a special use >l eft: 1. No substantial detriment. The DroDosed special use will not be a substantial detriment to adiacent lots. 2. Character of district unchanged. The character of the district will not be chantey the proposed special use. 3. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter, with the uses permitted by right in the district, with the regulations provided in section 5 as applicable, and with the public health, safety and general welfare. 4. Consistency with comprehensive plan. The use will be consistent with the comprehensive plan. b. Conditions. The commission may recommend, and the board of supervisors may impose, conditions upon the special use to address impacts arising from the use in order to protect the public health, safety or welfare. The conditions may pertain to, but are not limited to, the following: 1. The prevention or minimization of smoke, dust, noise, traffic congestion, flood and/or other hazardous, deleterious or otherwise undesirable substances or conditions. 2. The provision of adequate police and fire protection. 31 Draft: 08/13/12 ATTACHMENT B 3. The provision of adeauate improvements Dertaining to transportation. water. sewage. drainage recreation, landscaping and/or screening or buffering. 4. The establishment of special requirements relating to building setbacks, front, side and rear yards, off - street parking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building heights, and other particular aspects of occupancy or use. 5. The period by which the use must begin or the construction of any structure required for the use must commence. 6. The materials and methods of construction or specific design features, provided such a condition for residential uses shall comply with subsection (cl. C. Conditions related to residential uses. Any conditions imposed in connection with residential special use permits: (i) shall be consistent with the objective of providing affordable housing if the applicant proposes affordable housing: and (ii) shall consider the impact of the conditions on the affordability of housing where the conditions specify the materials and methods of construction or specific design features. d. Conditions deemed to be essential and nonseverable. Except as the board of supervisors may specify in a particular case, any condition imposed on a special use shall be deemed to be essential and nonseverable from the pennit itself and any condition determined to be invalid, void or unlawful shall invalidate the s ecial use permit. e. Revocation for noncompliance with conditions. A special use Dermit may be revoked by the board of supervisors after a public hearing if the board determines that there has not been compliance with the conditions of the permit. Notice of the public hearing shall be as provided in Virginia Code & 15.2 -2204 provided that the written notice provided by the board of supervisors to the owners, their agents. or the occupants of abutting parcels and parcels immediately across the street from the parcel(s) subject to the special use permit, the board of supervisors may be given by first -class mail rather than by registered or certified mail. State law reference — Va. Code S& 15.2- 2286(A)(3). 15.2- 2309(71. See, 33.9 Special exceptions: relevant factors to be considered: conditions Special exceptions shall be subject to the following: a. Factors to be considered when acting. In acting upon a special exception, the board of supervisors shall consider the factors, standards, criteria, and findings, however denominated, in the applicable sections of this chapter, provided that the board shall not be required to make specific findings in support of its decision. b. Conditions. In approving a special exception, the board of supervisors may impose reasonable conditions to address any possible impacts of the special exception. State law reference — Va. Code & 15.2- 2286(A) (31. Sec. 34.4 Application for variances 32 Draft: 08/13/12 ATTACHMENT B bureau Any owner may apply for a variance. The application shall be made to the zoning administrator in accordance with the provisions of this section and with rules adopted by the board of zoning appeals. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board of zoning appeals who shall place the matter on the docket to be acted on by the board of zoning appeals. No such variance shall be authorized except after notice and hearing is provided as required by seetie 15.2 2204 of the Code Virginia Code 6 15.2 -2204. The zenine ^a. iaistr-me. shall also transmit ^ eonv „r�i.° pafty at the hear-ing. The owner shall provide satisfactory evidence that any delinquent real estate taxes nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property that are owed to the county and have been properly assessed against the subject property, have been paid. Sec. 35.1 Fees Each applicant shall pay the following applicable fees, provided that neither the county nor the county school board shall be required to pay any fee if it is the applicant: a. Zoning text amendments: $1000.00 b. Zoning map amendments: 1. Less than 50 acres; application and first resubmission: $2500.00 2. Less than 50 acres; each additional resubmission: $1250.00 3. 50 acres or greater; application and first resubmission: $3500.00 4. 50 acres or greater; each additional resubmission: $1750.00 5. Deferral of scheduled public hearing at applicant's request: $180.00 C. Special use permits: 1. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation Class B, to amend existing special use permit, or to extend existing special use permit; application and first resubmission: $1000.00 2. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation class B, to amend existing special use permit, or to extend existing special use permit; each additional resubmission: $500.00 3. Signs reviewed by the board of zoning appeals: See subsection 35.1(f) 4. All other special use permits; application and first resubmission: $2000.00 5. All other special use permits; each additional resubmission: $1000.00 6. Deferral of scheduled public hearing at applicant's request: $180.00 7. Farmers' markets without an existing commercial entrance approved by the Virginia Department of Transportation or without existing and adequate parking - $490.00 8. Farmers' markets with an existing commercial entrance approved by the Virginia Department of Transportation and with existing and adequate parking - $110.00 d. Site plans: 1. Preliminary site plans; administrative review: $1200.00 plus $15 per dwelling unit and $0.015 per square foot of nonresidential structure 2. Preliminary site plans; planning commission review: $1800.00 plus $15 per dwelling unit and $0.015 per square foot of nonresidential structure 3. Final site plans; administrative review: $1500.00 4. Final site plans; planning commission review: $2000.00 5. Waiver of drawing of site plan under section 32.2: $1500.00 33 Draft: 08/13/12 ATTACHMENT B 6. Site plan amendments under section 32.3.8 ¶2: $500.00 (minor); $100.00 (letter of revision) 7. All other site plan amendments (major): $1500.00 8. Appeals to the board of supervisors under section 32.4.2.7: $240.00 9. Reinstatement of review under section 32.4.2.1: $240.00 10. Reinstatement of review under section 32.4.2.4: $80.00 11. Extension of period of validity: $475.00 12. Inspections pertaining to secured site plan improvements; per inspection: $280.00 13. Deferral of scheduled public meeting at applicant's request: $180.00 e. Certificates of appropriateness considered by the architectural review board ( "ARB "): 1. For a site plan; per review by the ARB: $1000.00 2. For a building permit; per review by the ARB: $590.00 3. Amendment to approved certificate of appropriateness: $225.00 f. Matters considered by the board of zoning appeals: 1. Variances: $500.00 2. Appeals: $240.00 3. Special use permits for signs under section 4.15.5: $500.00 g Matters considered by the zoning administrator or other officials: 1. Official determinations regarding compliance: $185.00 2. All other official determinations, including development rights: $100.00 3. Zoning clearance for tourist lodging: $100.00 4. Zoning clearance for a home occupation, class A, a major home occupation, or a minor home occupation: $25.00 5. Zoning clearance for temporary fundraising activity: No fee 6. All other zoning clearances: $50.00 7. Sign permits under section 4.15.4; no ARB review required: $25.00 8. Sign permits under section 4.15.4; ARB review required: $120.00 h. Groundwater assessments: 1. Tier 1 assessment under section 17 -401: $50.00 2. Tier 3 assessment under section 17 -403: $510.00 3. Tier 4 assessment under section 17 -404: $1100.00 i. Miscellaneous: 1. Change in name of development or change in name of street: $80.00 2. Relief from conditions of approval; modification or waiver of requirements: $425.00 3. Tier II personal wireless service facilities: $1820.00 Required notice: 1. Preparing and mailing or delivering up to fifty (50) notices: $200.00, except for uses under sections 5.1.47 and 5.2A, for which there shall be no fee. 2. Preparing and mailing or delivering, per notice more than fifty (50): $1.00 plus the actual cost of first class postage. 3. Published notice: cost based on a cost quote from the publisher, except for farmers' markets under section 35.1(c)(7) and (8) for which there shall be no fee. The fee shall be in the form of cash or a check payable to the "County of Albemarle." An application presented without the required fee shall not be deemed to be submitted and shall not be processed, provided that for applications for zoning map amendments and special use permits, the fee shall be paid when the application is 34 Draft: 08/13/12 ATTACHMENT B determined to be complete. If the zoning administrator determines after a fee has been paid that the review and approval to which the fee pertains is not required to establish the use or structure, the fee shall be refunded to the applicant in full. State law reference — Va. Code && 15.2- 2286(Al(61. This ordinance shall be effective on and after , 2012. 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. Dumler Ms. Mallek Mr. Rooker Mr. Snow Mr. Thomas Clerk, Board of County Supervisors 35 Draft: 0"8 /13/12 ATTACHMENT C ORDINANCE NO. 12 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE, 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 I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, and Article IV, Procedure, are hereby amended and reordained as follows: By Amending: See. 3.1 Definitions Sec. 4.15.5 Signs authorized by special use permit Sec. 4.8.1 Determinations concerning unspecified uses Sec. 10.5.2 Where permitted by special use permit Sec. 20.1 Intent, where permitted Sec. 20.2 Application Sec. 30.1.2 Application Sec. 31.1 Designation of zoning administrator, authority Sec. 34.4 Application for variances Sec. 35.1 Fees By Amending and Renaming: Old New Sec. 1.7 Official zoning map Zoning map Sec. 30.5.5 Permitted uses by right and special permit Permitted uses by right and by special use permit By Repealing: Sec. 1.9 Application for land use permit; payment of delinquent taxes Sec. 8.5.1 Applications and documents to be submitted Sec. 8.5.2 Preapplication conferences Sec. 8.5.3 Review and recommendation by the planning commission Sec. 8.5.4 Review and action by the board of supervisors; effect of approval Sec. 8.6 Amendments to planned development districts Sec. 20A.3 Application requirements; required documents and information Sec. 20A.4 Application plans See. 31.6 Special use permits Sec. 31.6.1 Reserved to board of supervisors Sec. 31.6.2 Application Sec. 31.6.3 Conditions Sec. 31.6.4 Revocation Sec. 31.8 Special exceptions Sec. 33.0 Amendments Sec. 33.1 Statement of purpose and intent Sec. 33.2 Initiation of amendments Sec. 33.2.1 Property owner petition Sec. 33.2.2 Untitled Sec. 33.2.3 Untitled Draft: 0"8 /13/12 ATTACHMENT C Sec. 33.3 Proffer of conditions Sec. 33.3.1 Effect of conditions Sec. 33.3.2 Zoning map notation Sec. 33.3.3 Authority of zoning administrator Sec. 33.4 Public hearing -- notice Sec. 33.5 Report by planning commission to board of supervisors after hearing Sec. 33.6 Limitation on filing new petition after original denial Sec. 33.7 Withdrawal of petitions Sec. 33.8 Posting of property Sec. 33.8.1 Posting of property — planning commission hearing Sec. 33.8.2 Validation of prior notice requirement (Amended 6- 19 -96) Sec. 33.8.3 Maintenance and removal of signs Sec. 33.9 Matters to be considered in reviewing proposed amendments Sec. 33.10 Schedule of review Sec. 33.10.1 Untitled Sec. 33.10.2 Untitled By Adding: Sec. 33.1 Purpose and intent Sec. 33.2 Uniform requirements for the initiation of zoning text amendments and zoning map amendments Sec. 33.3 Uniform procedures for zoning text amendments and county- initiated zoning map amendments Sec. 33.4 Uniform procedures for owner - initiated zoning map amendments and special use permits Sec. 33.5 Uniform procedures for special exceptions Sec. 33.6 Zoning text amendments and zoning map amendments; relevant factors to be considered; effect of approval Sec. 33.7 Owner - initiated zoning map amendments; authority to accept proffers Sec. 33.8 Special use permits; relevant factors to be considered; conditions; revocation Sec. 33.9 Special exceptions; relevant factors to be considered; conditions Chapter 18. Zoning Article I. General Provisions Draft: 0/08 /13/12 ATTACHMENT C ehanges on the effieial Zoning Map. Violations ofthis preN4sien shall be punishable as proN4ded in seetien 37.0. The zoning man is identified, and shall be int=reted, as follows: a. Zoning man identified. TheThe zoning may is composed of the several mans and digital source fil es. and all dimensions, symbols, notations. and designations shown on the mans and in the digital source files_ ere �.' °'yis maintained by the department of community development. and «' °•L °°~- ~ ° °° " &-z ~° mapoWiieh is incorporated by reference as part of this chanter. The zoning man is the digital form of the zoning man adopted on December 10. 1980, as amended by all zoning man amendments after that date The zoning map also may exist in an analog zoning man book. b. Zoning man establishes the location and boundaries ofzonin_g districts. The location and boundaries of the zoning districts created by this chanter are hereby established as shown on the zoning man. The zoning man also includes symbols that represent the existence of conditions, including proffers. attaching to the zoning of a parcel on the zoning man. C. Interpretation. The zoning man shall be interpreted as follows: 1. District lines follow lot lines and center lines: boundary designated. The district boundaries shown on the zoning map are intended to follow the lot lines Brand the center lines of streets or alleys hey existed on December 10. 1980 and as hereafter amended: provided that where district boundary obviously does not follow any such line, and is not depicted on an approved subdivision plat or site plan or described by dimensions or other means, itthe district boundary shall be determined by measurement using a scale. 2. Waterways, roads, streets, highways, railroads, and other rights-of-way 7 boundary not designated. All waterways, alleys, roads, streets, highways, railroads, and other rights- of-way. (collectively, "features"), if not otherwise specifically designated and if not part of a parcel abutting the feature, shall be deemed to be in the same zoning district as the immediately abutting parcels-, and the departing boundary lines from those abutting parcels shall be deemed to extend to the centerline of the feature. If the center line of a rail-read-, or other Fieh. of wa-vfeature serves as a parcel boundary, the zoning disbk2Lboun " k-, 5-° ~i~° Af th ° °- °°° °~' °°° °f the feature, if not otherwise sroecifically designated. shall be deemed to be the same as that of the :......,.a:° gly °w,,..:~ roarcel ee-to .,..« ° ~' ~°which it is a Part. �GK: This subsection was revised from the May 8, 2012 draft to clarify its meaning.] 3 Areas not otherwise designated. The intent of this chanter is to have the entire unincorporated territory of the county within a zoning district. Except for those features an&—fa s identified in e~ ' .'' .'subsection (c)(2), any area P. shown on the zoning man shaving a �istfietwhite back -round shall be deemed to be in the R*w" ~°° °rural areas (RAl zoning district. [GK: This subsection was revised from the May 8, 2012 draft to clarify that features shown on a white background are deemed to be in the RA zoning district. That zoning district's color designation on the zoning map is white. 4. Inconsistencies. If there is an inconsistency between any information shown on the zoning man and any decision made by the board of supervisors or an interpretation of the zoning man made Draft: 0/08 /13/12 ATTACHMENT C by the board of zoning anneals after December 10, 1980, then the decision of the board of uroervisors or the interpretation of the board of zoning anneals shall govern. d. Alterations and amendments. The zoning man shall not be altered or amended in any way except in compliance with the procedures and standards established by this charoter for a zoning man amendment. Formatted: Double underline [GK: This section would be amended to reflect that the zoning map is now based on a digital source rather than the paper document adopted December 10, 1980 and thereafter amended in an analog format. As amended, this section would refer to the map as the "zoning map" rather than the "official zoning map," because the latter name has sometimes been confused with an "official map," which is a different thing altogether. This section also would address the issue of determining the zoning districts for waterways, roads, and other delineated features that are depicted on the maps, for example, by black lines (roads) or blue (waterways), but which do not match any color assigned to a zoning district. Issues pertaining to the zoning of these features rarely arise, but the revisions would provide guidance when they do.] Formatted: Double underline Formatted: Strikethrough Formatted: No widow /orphan control Sec. 3.1 DefintiensDefinitions Density, gross: The theoretical maximum number of dwelling units allowed per acre within a zoning district before complying with all applicable regulations pertaining to critical slopes, stream buffers, flood plains, minimum yards, maximum structure height, and other regulations affecting the development of a site. Densitv permitted bLright: The maximum number of dwelling units allowed per acre within a zoning district upon complying with all applicable regulations pertaining to critical slopes, stream buffers, flood plains, minimum yards, maximum structure height, and other regulations pertaining to the development of a site. Formatted: Font: Not Bold [GK: These definitions were not part of the May 8, 2012 draft. The residential density allowed under the current zoning district regulations is expressed as "gross density," which is the maximum theoretical density that could be achieved before complying with, for example, the critical slopes regulations, the requirements for minimum yards, and other regulations affecting the development of a site. The first definition above would define "gross density," and that definition distinguishes it from "density permitted by right," which is the term used in Virginia Code § 15.2- 2288.1. Virginia Code § 15.2- 2288.1 provides that a locality cannot require a special exception for "for the development and construction of residential dwellings at the use, height and density permitted by right under the local zoning ordinance." In a very recent unpublished Virginia Supreme Court decision, the court held that, under Virginia Code § 15.2- 2288.1, the town could not require a special exception to disturb critical slopes for a residential development in order to achieve the density permitted by right. The definitions address that case by Draft: OM8 /13/12 ATTACHMENT C clarifying that the "density permitted by right" under the County's zoning ordinance is the density achieved after complying with all of the other regulations pertaining to development.] [GK: This definition is used in amended section 1.7, which pertains to the zoning map.] Owner: The teFm "gwfief" ...,.....s t�owner or owners of the fee simple interest of real property. Special exception: The tegm " special exception" ...,.an ° °An exception to the general regulations in any particular zoning district pertaining to the size, height. area, bulk or location of structures or the areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures, that is not permitted in any particular zoning district except by special exception granted under this chanter [GK: This definition would be added in order to distinguish, by regulation, special exceptions from special use permits.] Special use permit: The tefm "°peel°' ..se pefinit" . " permit for a special use that is not permitted in a particular zoning district except by a special use permit granted under this chanter. [GK: This definition would be added in order to distinguish special exceptions from special use permits.] Zoning man amendment: amendment to the zoning map, which may include changing the boundaries of one or more zoning districts or the zoning district classification of one or more parcels: also sometimes referred to as a "rezoning." [GK: This definition would be added to clarify the meaning of the term, and is based on the terminology used when referring to zoning map amendments and zoning text amendments in Virginia Code §§ 15.2- 2285 and 15.2- 2286(A)(7).] Zonine text amendment: amendment to the regulations of this chapter, which may include amending, changing or supplementing the regulations. [GK: This definition would be added to clarify the meaning of the term, and is based on the terminology used when referring to zoning map amendments and zoning text amendments in Virginia Code §§ 15.2- 2285 and 15.2- 2286(A)(7).] Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Draft: 0"8 /13/12 ATTACHMENT C State law reference — Va. Code & 15.2- 2286(A)(4). Article II. Basic Regulations Sec. 4.8.1 Determinations concerning unspecified uses Uses other than those specified in district regulations as permitted by right or accessory uses may be added to a district on application by , '..ndow er an owner if the commission and board of supervisors find: a. That there is no clear intent to exclude such uses; and b. That the proposed use is appropriate within the district and would have no more adverse effects on other uses within the district, or on uses in adjoining districts, than would uses of the same general character permitted in the district. In such cases, the board of supervisors shall proceed to amend the ordinance in accord with the provisions of section 33.0-. State law reference — Va. Code & 15.2- 2286(A)(4). [GK: This proposed amendment would update the cross - reference. This section was mistakenly located after section 4.15.5 in the May 8, 2012 draft.] Sec. 4.15.5 Signs authorized by special use permit Except as provided in subsection (d), electric message signs, off -site signs, and signs in public rights -of -way may be authorized only by special use permit, as provided herein: Procedure and administration. The application procedure, the findings and conditions to be applied by the board of zoning appeals when considering an application for a special use permit, and the authority to revoke such a permit, shall be as provided in section 33-.6 333 of this chapter. In addition to the foregoing: For an off -site sign, the board of zoning appeals shall also find that the issuance of a special use permit is necessary because an on -site sign would be ineffective to communicate its message off - site because of topography or vegetation. For an electric message sign, the board of zoning appeals shall also find that the sign complies with all applicable state laws for such signs. A permit number for each special use permit issued for an off -site sign shall be affixed to the sign in a conspicuous place. [GK: The formatting of the legislative histories of the sections in the zoning ordinance is currently being revised and the histories will be added to all of the sections in this ordinance before these regulations are codified in the County Code.] Draft: 0"8 /13/12 ATTACHMENT C State law reference — Va. Code &6 15.2 -2250. 15.2 -2286 - -- Formatted: Double underline [GK: This proposed amendment would update the cross - reference.] • Formatted: Strikethrough Uses other than these speeified in distriet regulations as permitted by right or- aeoessoryuses may be added te�a a. That there is elear intent exeltide ...el.. a an b. That the proposed use is appropriate within thy, distriet and wolild have nR 4:nRre adverse effgets R44 Ot iisys ivithin the distriet, or on uses in adjoining distriets, than would uses of the same genefal Pharaety permitted in the di in sueh eases, the board of supervisors shall proeeed to affi-end- the Rrdinanee i4; aPPOrd A.Vith the PFON'iSiOnS 0 seetion 33 .0. is; 4.9.1, 12 10 am [GK: This section is now located before section 4.15.5. It was mistakenly placed after section 4.15.5 in the May 8, 2012 draft.] See 8.5.1 Appheat:....s and doeuments to be submitted Eaeh applieation for a planned dei,elopment dist+iet shall be submitted as preN4ded for other After the applieeAiefi is Submitted, the Elkeeter ofplafffling fflay re"est additional plans, maps, identifying potential nsn tidal vAich affe deemed reasonably neeessafy to analyze the applioation: properties ,...«..o.. «.1:ng «..l.l:e stfeet.. private roads and other tho«oughfafe... Formatted: Indent: Left: 0 ", Hanging: 0.5" .:de«ee and the s of the s and a" idenfified feawFes e. A map at R seale ofnss less than one (1) ineh e"al to one hundred (100) CM, provided tIgHt RnFitlie in, , the open spaee element of the e rehensi a plan. tore..... phie..l :«ferma4io« and the souree of the topo..«, .Meal infemialio«. Draft: 0"8 /13/12 ATTACHMENT C Draft: 0/08 /13/12 ATTACHMENT C and massing at th and aft), landseape or arehiteetffal ehafaeter-isties related to edge of the dis � � [GK: The substance of this section would be moved to proposed section 33.4.1 See. 8.5.2 Pr-eappheation egafeFenees review the appheation plan and the proposed development before the applioation is submitted. The purpose of the pfeapplioation eenferenee—shall h- P, to assist the appheant to assure that the applioation and the doeuments to submitted with the appheatieft eempiy with all appheable regiala4ians, a-Ed to identify as seaft as possible appheation fer a planned &velepment that, when submit4ed with its siippet4ing deeiifflents,will be as eample and eemprehensive as possible. ( e fine.. § o c 2 nl...,. ing Ce ...nisi,. v..eeedufe„ Repealed 3 19 03) [GK: The concept of the preapplication conference would be included in proposed section 33.4 and the proposed ordinance would authorize the director of planning to determine which zoning map amendments must have a preapplication meeting.] See Q G 3 Dey*e.. and .. . lotion by the planning eommission the CORWAi Eaeh appheation to establish or amend a planned development distfiet shall be reviewed and aeted on by the a. The eenunission shall eensider and atake its r-eeemmendation to the board of supefvisers on eae appheafien for a planned d"elopment distT-iet as it does f6r edw zoning map amendmews. Within the tiffie provided tR make Fi f:ersm-m-endatiea, the eemmission may hold wRr-k qe,,,;qiPwq An t�hk- appheation an-' b. In addition to any other &eters relevant to the eensider-atien of a zoning map , 51...11 ,.,.....:,1,.« the f.11,.. ifIg. i . AWiethef the pfoposed planned development or amendment thereto satisfies the pufpose and intent 2. Whether the area proposed to be f ezened is appropriate fef a planned development under the Draft: 0/08 /13/12 ATTACHMENT C R. ThR R,4hff FeeafflMend approval of the appheation as Preposed, approval of the disappreval. (§ 8.5.4, 12 10 80; Ord 03 18(2), 1 19 03; Ord 09 i o(n) 10 14 nn), [GK: The subject matter of subsection (a) is unnecessary because it will be addressed in proposed section 33.4; the subject matter of subsections (b) and (c) would be moved to proposed section 33.6.1 See. 8.5.4 Rev*ew and aetion by the board of supen,isor-s; effeet of appr-o,,,a [GK: The subject matter of this section would be moved to proposed section 33.6.1 See. 8.6 Amendments to planned development distriets, Formatted: Body Text 3 Draft: 05/08 /13/12 ATTACHMENT C [GK: The substance of subsections (a), (b) and (c) would be moved to proposed section 33.4, subject to further revisions to address the Virginia Supreme Court's June 7, 2012 decision in Town of Leesburg v. Long Lane Associates and new law (Virginia Code § 15.2 -2302, amended) that became effective July 1, 2012. The substance of subsection (d) would be moved to proposed section 33.6.1 Article III. District Regulations Sec. 10.5.2 Where permitted by special use permit 10.5.2.1 The board of supervisors may authorize the issuance of a special use permit for more lots than the total number permitted under section 10.3.1 and section 10.3.2; provided that no such permit shall be issued for property within the boundaries for the watershed of any public drinking water supply impoundment, and further provided that no such permit shall be issued to allow more development lots within a proposed rural preservation development than that permitted by right under section 10.3.3.3(b). (Added 11 -8 -89; Amended 5 -5 -04 effective 7 -1 -04) The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in section 41, 4 1 33.8 of this chapter with reference to the goals and objectives of the comprehensive plan relating to rural areas including the type of division proposed and specifically, as to this section only, with reference to the following: (Amended 11 -8 -89) State law reference — Va. Code U 15.2 -2280. 15.2 -2286. [GK: This proposed amendment would update the cross - reference.] Draft: 0"8 /13/12 ATTACHMENT C See. 20.1 Intent, where permitted PUD districts may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for planned development districts in sections 8-.0 and 33A and with densities and uses in locations in accordance with recommendations of the comprehensive plan. As described by the comprehensive plan, PUD districts are intended to serve as neighborhoods or mini - neighborhoods within designated communities and the urban area. Additionally, PUD districts may be appropriate where the establishment of a "new village" or the nucleus of a future community exists and where the PUD development would not preclude achievement of the county's objectives for the urban area, communities and villages. In order to encourage the community function, appropriate commercial and industrial uses are provided in addition to a variety of residential uses. It is intended that commercial and industrial development be limited to a scale appropriate to the support of the residential uses within the PUD; provided that additional commercial and industrial activity may be permitted upon a finding that the area in which the PUD is to be located is not adequately served by such use. It is intended that these regulations provide flexibility in residential development by providing for a mix of residential uses with appropriate nonresidential uses, alternative forms of housing, flexibility in internal relationships of design elements and, in appropriate cases, increases in gross residential densities over that provided in conventional districts. State law reference — Va. Code H 15.2 -2280, 15.2 -2286. [GK: This proposed amendment would correct the cross - references.] Sec. 20.2 Application Notwithstanding the requirements and provisions of section 8�, planned development districts, generally, where certain planned community districts have been established and have been developed or received final site development plan approval prior to the adoption of this ordinance, such districts shall be considered to have been established as PUD districts under this ordinance and shall be so designated on the zoning map. State law reference — Va. Code && 15.2 -2280. 15.2 -2286. [GK: This proposed amendment would correct the cross - reference.] See. 20A.3 Applieation requirements; required doeuments and info «Fe««...tien ..hall be ,...t,.. fitted in addition to any other deetiments requii this eh Draft: 0"8 /13/12 ATTACHMENT C ineluding all information required by seetieris 9 or f4eilities, and the proposed phasing of the establishment of stem+water management f4eilities. d. An appheation plan, as previded in seetiRn .....e„t of the plan. � to s ele , '1!1 A to elerneat of the eAde sWpart (Ord nz 18(2), 3 19 03; n..,1 09 18(9), 10 14 no) [GK: The substance of this section would be moved to proposed section 33.4.1 See. 20A.4 Appheation plans «l: eetion plan theTAiR ' a The ..e e..,.1 18,.,.4:8« Of..FOPesed streets alleys, Side...aRffi and pedestrian paths; b. The leeation of proposed green spaees, amenities, eensep,,afien areas or presevxafien areas, as previd seetion 20A.9; are Piverity five (25) pereent E)r greater-, 9. The general la-y eiit for the water and sewer plan; > Management, eaneeptual mitigation « Formatted: Indent: Left: 0" parks, development, saeh as building envelopes, majef ernple�q�ent areas, parlEing areas and Stfuetufes, eivie open spaee, green spaees, amenities and reereattion areas. [GK: The substance of this section would be moved to proposed section 33.4.1 Formatted: Body Text 2, Don't keep with next, Don't keep lines together Draft: 0"8 /13/12 ATTACHMENT C Sec. 30.1.2 Application Overlay districts and amendments thereof shall be established in accordance with the provisions of section 33-.0 of this ordinanee chapter. State law reference — Va. Code § 15.2- 2286(A)(4). [GK: These proposed amendments would correct the cross - reference and refer to the "chapter" rather than the "ordinance." Other sections in the Zoning Ordinance still refer to the "ordinance," and those sections will be corrected when they are otherwise amended. This section was mistakenly located after section 30.5.5 in the May 8, 2012 draft. Sec. 30.5.5 Permitted uses by right and by special use permit 30.5.5.2 Within the immediate environs of any stream designated in section 30.5.2, no person shall commence any use involving the construction of any structure, the cutting of any living tree over six (6) inches caliper measured at six (6) inches above ground level, or the grading or other like physical alterations of the immediate environs of such stream except as follows: (Amended 9 -9- 92) d. The following uses by special use permit only: 6. Bridges, causeways and other similar structures designed for pedestrian and/or vehicular access; provided that the board of supervisors shall find, by clear and convincing evidence, in addition to the findings re"ked by section 31.2.4.1 factors to be considered under section 33.8, that: [GK: These proposed amendments would correct the section heading, update the cross - reference, and refer to "factors to be considered" rather than "findings ".] See. 30.1.2 Applieation (§ 3 0.1.2, 12 10 em [GK: This section is now located before section 30.5.5. it was mistakenly placed after section 30.5.5 in the May 8, 2012 draft.] Article IV. Procedure 14 Draft: 0"8 /13/12 ATTACHMENT C Sec. 31.1 Designation of zoning administrator, authority The office of zoning administrator is hereby established, subject to the following: a. Authority. The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce this chapter. This authority includes, but is not limited to: 1. Interpreting this chapter and the official zoning map; 2. Administering this chapter by making determinations and decisions on any matters arising under this chapter, including but not limited to, how a building, structure or use should be classified, whether a use is permitted within a particular zoning district, whether a proposed building or structure complies with setback, height, bulk and other requirements, whether a building, structure, use or lot is nonconforming, and whether a lot meets minimum lot size requirements. 3. Ordering in writing the remedying of any use or structure determined to be in violation of this chapter; 4. Insuring compliance with this chapter, bringing legal action, including an action for (injunction, abatement, civil penalties or other appropriate action or proceeding subject to appeal as provided by Virginia Code § 15.2 -2311 and this chapter; 5. In specific cases, making findings of fact and, with concurrence of the county attorney, conclusions of law regarding determinations of rights under Virginia Code §§ 15.2 -2307 and 15.2- 2311(C); 6. Enforcing the provisions of this chapter regulating the number of persons permitted to occupy a single - family residential dwelling unit, provided such enforcement is in compliance with applicable local, state and federal fair housing laws; and 7. Making decisions and determinations as to whether a pending site plan, subdivision plat, building permit application or any other application subject to review and approval by the county or the program authority complies with this chapter.; 8. Administering and enforcing proffers accented in conjunction with zoning man amendments. including: (i) ordering in writing the remedying of any noncompliance with the proffers: (ii) insuring compliance with the proffers by bringing legal action, including an action for injunction abatement. or other appropriate action or proceeding: and (iii) requiring a guarantee in the form of a surety bond, letter of credit, cash deposit, or another form of guarantee determined to be acceptable by the county attorney, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the proffers, or a contract for the construction of the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the zoning administrator. upon the submission of satisfactory evidence that construction of the improvements has been completed in hole or in part: an [GK: Subsection 8 would be added, replacing what is in current section 33.3.3, because the subject matter more properly belongs here. The proposed language tracks the enabling authority in Virginia Code § 15.2- 2299.] Draft: OM8 /13/12 ATTACHMENT C 9. Keening and making available for public inspection a conditional zoning index. The index shall provide ready access to the proffers accented in conjunction with a zoning man amendment and the regulations provided for in a particular zoning district or zone. The index also shall provide ready access to all proffered cash payments and expenditures disclosure reports prepared by the board of supervisors pursuant to Virginia Code § 15.2- 2303.2. The zoning administrator shall update the index annually and no later than November 30 of each year. [GK: Subsection 9 would be added because it is an express duty imposed by Virginia Code § 15.2 - 2300.1 b. Absence of specific authority not a limitation. The specific authority expressly granted to the zoning administrator in other sections of this chapter shall not be construed to be a limitation on the authority of the zoning administrator to administer and enforce those sections where specific authority is not expressed. is 3 i i 12 10 an. OFEI nn 19(3), 7 1 nog State law reference —Va. Code && 15.2-2286(A)(4),(14),15.2-2299,15.2-2300. See. 31.6 Speeial use per-ndts- [GK: All of the legislative acts authorized under the zoning power (zoning text amendments, zoning map amendments, special use permits granted by the board of supervisors and special exceptions) would be consolidated within section 33. Note that the zoning ordinance delegates a limited range of sign- related special use permits to the board of zoning appeals.] [GK: The subject matter of section 31.6.1 would be moved to proposed sections 33.4 (the exercise of power) and 33.8 (matters to consider).] See. 31.6.2 Appliestion Feeonunendations. Faikffe of the eemmission to repet4 within ninety (90) days af4er the first meeting of thee eentinuanee of the eensideratien of the applieatien by the eonmnissienunlil the date of the deferfe Draft: 0"8 /13/12 ATTACHMENT C (y31.2.4.'Lt2 10 900, 3 3 82, 6 19 96; Ord. 0 18(6), i n 3 01; s31�r.2.1, 6 19 96; §31z2.4.2.?, 6 19 96; Ord, [GK: The subject matter of section 31.6.2 would be moved to proposed section 33.4.1 See. 31.6.3 Conditions permit is granted as it Y in the publie interest and may require a bond with surety or other- appr- ved seetwity to ensuf e that the eenditions so imposed shall be eemplied with. The eonditions shall relate to gliee and fire preteetion, transperta4ion, water, sewerage, drainage, reereation, landseapin Side R-Rd Fear yafds, off stFeet parking, ingFess a-ad egress, houfs of aperation, Bt4Side StOfage ef meAefia!S, dufation and intensity of tise, building height and/or other paftiettlar aspeets of eee"aney or use. Exeept a board of supef-,4sers may otherwise speeifleally provide in a paf6eulaf ease, any eendifien imposed iinder- the Draft: 0"8 /13/12 ATTACHMENT C (§ 31 n z 12 10 on. Ord 01 19(6) 1n 4 01. n..,1 nn 19(g),7 1 nn) [GK: The subject matter of section 31.6.3 would be moved to proposed section 33.8.1 Ce.. 31.6.4 Deyoeation �A.ay speeial use peFmit issued pursuarA to this ehapter may be revoked by the beafd of supefvisers, after netiee and heafing piirsiiant to Virginia Gede § 15.2 2204, for willful neneeffiplia-nee with this ehapter or aily eendit issii d is not eanumeneed within twen4y feef (24) months after the permit is issued, !he pefmi! shall be deeme twenty fouf (24) months after the permit is issai-ed. Ue bomd of supervi 3% 1- Elition of approval, that the peffflit4ee has aeqttifed a vested fight tinder Vifginia Cede § 15.2 2307. [GK: The subject matter of section 31.6.4 would be moved to proposed section 33.8.1 See. 31.8 Speeial exeeptions L Any request for- a waiver, modifieation, variation or substi"ien peFmitted by this ehapter shall bee preliminat=y or final site plan iinder seytiRn 32 of this ehapter or afty aetion pf:ovided in seetiRA 42 enabled tmde« Vif9i«:a Code A 15.2 2242(l). Draft: 0"8 /13/12 ATTACHMENT C (Ord 17 18(l),-2 Q 11) [GK: The subject matter of section 31.8 would be moved to proposed sections 33.5 and 33.9.1 Section 33 Zoning Text Amendments. Zoning Map Amendments. Special Use Permits and Special Exceptions Sea 33 .0 Amendments boundaries or elassifioations ofproperty on the zoning map, in eenfqrmity with the pfovisigns f Chapter 22 ofTitle 15.2 ofthe Code OPArginia (1950), as amended, and the PFOVisions and pufposes ofthis seetion. (Amended 10 3 01) (§ 33 .0, 12 10 Qn. Ord. 01 19(6) 10 z 01) [GK: The subject matter of this section would be moved to proposed section 33. 1.1 eaeh eeffi4y to be exereised reasonably in detefmining the manner of its development. The Vir-ginia Legislawf-e provide guidi4 faeters for the board of supeFN4sor-s in its quest to exereise its legislative mandate in fomiulating-a reasonable «al:ey of eounty «la««: «a for the general good and .. elf ffe [GK: The subject matter of this section would be moved to proposed section 33.1.1 Sea 33.2 inidat:an of amendments The board of stipervisers may amend this ordinanee by amending the text thereof-, or by ehafiging any distrie beiindary shown on the adopted zoning map, provided that preeeedings for any ameadme14 shall be inifia4ed— enly in the following manner. [GK: The subject matter of this section would be moved to proposed sections 33.3 and 33.4.1 See. 33.2.1 Property owner- petition whieh petition shall be addressed to the bE)afd of supefvisers and shall be on a standard form and aeeempanied-by 3z 12 By motion of the Draft: 0"8 /13/12 ATTACHMENT C [GK: The subject matter of this section would be moved to proposed sections 33.3 and 33.4.1 See. 33.3 PFoffer- of eondiflons 15.2 2295, the owner of the land tha4 is the subjeet of the rez — , in"ting, reasonable eonditions to be applied to sueh f:ezening as pa-4 thefeFif. Silelq eRnd-itionq a-re. RiAherized by, a*d shall eew"Ply with, 3A i i GE)de § 15.2 2303; PFB','ided that the PrOffIffing thereof by the OWReF Shall be deeffied p4FRI! CHPit'. @VideRAR F144, .. .Bane, (Amended n n nn 7 11-0-7) [GK: The subject matter of this section would be moved to proposed section 33.7.] or substantially revised zoning ardinanee. All sueh eenditions shall be in addition to the reg.4ations prei,ided4� [GK: The subject matter of this section would be moved to proposed section 33.7.1 See. 33.3.2 Zoning map notation Eaeh sueh rezoning shall be designated on the zoning map by an appropriate symbol designed by the zoning amiminis#_atsm. 1-1; addition, the zoning administrateF sha4l keep and maintain the eonditional i4;dR4C;;%Ph [GK: The subject matter of this section would be moved to amended section 1.7.1 Q.... 33.3.3 Authority of zoning ..dyninist....4.... The zoning administFater shall be vested with all neeessat=y autherity on behalf of the board of supervisors of-fl- edi [GK: The subject matter of this section would be amended to closely track the language in Virginia Code § 15.2 -2299 and would be moved to amended section 31.1.1 idedby3vlir-ginia ode § 152 2285, aftefnefiee isprevided as fequifedbyN14ginia Cade § i5.2 2204. if Effly pet4ion of the affeeted prep" is within a plafined d&velepmeR4, then, in addition to the netiee f:eEtHired by ViFgiflift Code § 15.2 2204, Fiefiee shall be given to the owners, or theif: agen4s or the eeeupaR�s, of eaeh p within the planned development. The nefiee shall be given in the fnafmer provided in Nlifgiaia Code § 15.2 ew*er, agent or eeeupafAi of afiy pafeel within the planned development ARII nFit inAffilida4e afty aefien by-the 20 Draft: 0"8 /13/12 ATTACHMENT C n 2 10 an. Ord. nz 19(2),3 1 9 nz) [GK: The subject matter of this section would be moved to proposed sections 33.3 and 33.4.1 See. 33.5 Report by planning eomm-iWon to board of supen4ser-s after- hear-in herein, the eerrunissien shall repei4 to the board of stipep,,isers its reeenmnendatien with r-espeet to the prop amendment. Failtif e of !he eemmission to report to the beafd of supep,4sers within ninety (90) days afler- the or may reeommend- that land- be re-Zoned ts a d-iff-eftent zoning elassifioation than giat petitioned foF, if-, th reeammending an enlargement of the ex4ent of land or a rezoning to a less Festrieted elassifieatien than was s Vir-ginia Gede § 14.2 _"_44 And qeetinA 44.4.. 448 aflnefldmeR4 to the zening map shall be apffeved for a ehafige-hii [GK: The subject matter of this section would be moved to proposed sections 33.3 and 33.4.1 See. 33.6 Umitation on filing new petition afteF original denial Upen the denial by the board of supei-7visers of any petition filed pufsuant to seetion 33.2.1 above, substantial4y [GK: The subject matter of this section would be moved to proposed section 33.4.1 See. 33.7 Withdrawal of petitions A pelifien shall be withdrawn, of be deemed ie be withdFawn, as pfavided 44@f ein a. A petition filed pufsuan4 to seetion 33.2.1 may be withdr-awn upon written request by the appheant. The body eensideringthe petifien a4 the tim-e RfA.A.,4hd_rawaI speeifies that the time limitatisA shall not appb�. (Amended c 19 nc. 10 3 01) the petifieft shall be deemed to have been by the petitioner if the of tlqe 21 Draft: 0"8 /13/12 ATTACHMENT C hmrd det-'s not take aetion on the petitien within V�Yelve (1-2) months aftef the date the defeffalwa.,; requested. U-pen written request reeeived by the direeter of planning and eenwaunity development before the petition is deemed to be withdrawn, the direetef may gran4 one ex4ension of the defeffal pefied fef a 3-04 -) [GK: The subject matter of this section would be moved to proposed section 33.4.E See. 33.8 Posting of proper- regarding zoning map amendments initiated pufsuant to seetion 33.2.1 above oF speeial use peFmit appheations initiated pursuami# toseetism -11.22.4.2 sha4l be provided by posting signs on the subjee (Amended 6 19 964 [GK: The subject matter of this section would be moved to proposed section 33.4, which would be cross - referenced in section 33.3.] See. 33.8.1 Posting of pFoper-ty planning eommission hear-in At least fifteen (15) days before the eemmission's pikhe heafing, the zoning admiaistn#er or designee shall er on the propei4y speeified in seetion 33.9 above, a sign or signs indioating the property is to be subjeet to publie within tea (10) feet ef ;A1,14ate;kaf I;o+4ffldm:y line of the preperty abu4s a read and shall be se plaeedd A,'4 to he eleaff4y N4sible ffom the road. if more than one road abuts the property, then either: (1) a sign shall be ereeted in the same manner as above for- eaeb abutting road; or (2) if the area of the property to be used if the appheation was gran that is in elesest pre36fiiity te, or would be impaeted by, the proposed use. If iqs rRad- RhutS the prop",, thefl signs shall be ereeted in the safne mafmer as above on at least two boundafies of the propel4y abutting land appheatiOR Shall be deeffied tE) gFRIA* ARNSM-t *Fi the Zoning adffiiaistr-Mer or designee te enter iipea the prepeAy and to ereet the signs. Upon a finding by the board of supev,4sors thm faiWe to eemply with the pestin remeffts of this seefien has denied the pikhe reasonable nefiee of the piAlie hearing, the board may defe-F /R 33.9.1, 12 10 401 6 19 96. OFEI 01 18(6), 10 2 01 [GK: The subject matter of this section would be moved to proposed section 33.4, which would be cross - referenced in section 33.3.1 See. 318.2 Validation of p4or- notiee requirement (Am-end-ed 6 10 06) deelaf ed iwv-alid by reason of a faiWre to post notiee as may ha-,e been r-eqttired tmder prier provisions ef seefiee 31.2.4.2 and seetion 33.8, provided a publie hearing was eendueted by the beafd of siipefvisers prior to stfeb 22 Draft: 0"8 /13/12 ATTACHMENT C [GK: The subject matter of this section would be moved to proposed section 33.4, which would be cross - referenced in section 33.3.] [GK: The subject matter of this section would be moved to proposed section 33.4, which would be cross - referenced in section 33.3.] Relationship to See. 33.9 Matter-S to hP, osed amendments ; , Efwi« and 1 G Relationship to Comprehensive Plan; of this or- dinanee [GK: The subject matter of this section would be moved to proposed section 33.6.] See 3310 Sehea..leofr -vie , C..,. 44 n 1n 1 For the puTeses of providing for orderly growth and reasoned eensidefation of the potential inVaet of proposed rei% ings, zoning t&a amendments and speeial use permits upen the eeffiprehensive plan, the)-AP-R-rd- Fif [GK: The issue of timing procedures would be moved to proposed section 33.2.1 z See ooms — 33.10 .2 The board of supervisors shall eensider zoning t&a amendment petitions by ffapeFty evmers at speeified inte of thfee (3) months. 14eafing times in aeeerd with sueh intefvals shall be established by resolution of the beaF FeseWien shall be published at least anee pef week f6f: twe eanseetitive weeks in a newspapef of genefal eireulatien in n lbema fle County. (Amended 3 10 93) [GK: The subject matter of this section would be moved to proposed section 33.2.] 23 Draft: 0"8 /13/12 ATTACHMENT C Sec, 33.1 Purpose and intent The p=ose and intent of section 33 is to establish the procedural and substantive requirements and criteria for considering and acting on zoning text amendments, zoning map amendments, special use permits. except for those delegated by this chapter to the board of zoning appeals, and special exceptions. [GK: This section would incorporate the general subject matter of current sections 33.0 and 33.1.1 Sec, 33.2 Uniform requirements for the initiation of zoning text amendments and zoning man amendments The board of supervisors may amend, supplement, or change the zoning regulations, district boundaries. or classifications of property whenever the public necessity, convenience, general welfare, or good zoning practice requires. The initiation of this process shall be as follows: a. Initiation of zoning text amendment. Any zoning text amendment shall be initiated: (il by resolution of the board of supervisors; or (h) by motion or resolution of the commission. Anv county officer or any other person may request that the board of supervisors or the commission initiate a zoning text amendment. The board of supervisors shall consider an owner - requested zoning text amendment at specified intervals of three (3) months on dates established by resolution of the board a....:..,. the ...84h F b. in January each salenda� year. Initiation of zoning may amendment. Any proposed zoning man amendment shall be initiated: (i) by resolution of the board of supervisors: (iil by motion or resolution of the commission: or (iiil by application of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor collectively. the "owner initiated "1 of the prwhieh arcel(s) that is the subject of the proposed zoning map amendment- "owner - initiated a lication" . 1. Required signatures on owner - initiated application. Each owner - initiated application for a zoning map amendment shall be signed by the owner of each parcel that is the subiect of the proposed zoning map amendment, provided that: a. Amendments to existing proffers. An owner whose parcel is subject to proffers may apply to amend the proffers applicable solely the owner's parcel, provided that written notice of the application is provided to the owners of other parcels subject to the same proffers under Virginia Code H 15.2- 2204(H) and 15.2 -2302. However, the signatures of the owners of the other parcels subject to the same proffers shall not be required b. Amendments to planned developments. An owner within an existing planned development may apply for a zoning map amendment, and the signatures of any other owners within the planned development is required only if the amendment could result in or require: 6) a change in use, density or intensity on that parcel; (ii) a change to any regulation in a code of development that would apply to that parcel; (iii) a change to an owner's express obligation under a regulation in a code of development; or (jv) a change to the application plan that would apply to that parcel. 2. Documentation. The director of planning may require the applicant to submit documentation establishing ownership of any parcel and the authority of the si ng atory to sign the application on behalf of the owner. 24 Draft: O"8 /13/12 ATTACHMENT C State law reference — Va. Code SS 15.2 -2285. 15.2- 22R6(Al (41. (71. 15.2 -2302. [GK: This section would incorporate the general principles in current sections 33.2, 33.2.1, 33.2.2 and 33.2.3 and further clarify the process. The language closely tracks the language in Virginia Code § 15.2 - 2286(A)(7), though in subsection (b) the term "application" is substituted for "petition" because "application" is the longstanding term used by the County. Subsections (b)(1)(a) and (b) incorporate the principles in current section 8.6 but which are revised to address Town of Leesburg v. Long Lane Associations (Virginia Supreme Court, June 7, 2012), and the amendment to Virginia Code § 15.2 -2302, effective July 1, 2012.1 Sec. 33.3 Uniform procedures for zoning text amendments and county- initiated zoning man amendment Each zoning text amendment and each county- initiated zoning map amendment by44e+ounty-shall be subject to the following: aa. Determining completeness of the application for zoning map amendment: rejecting incomplete applications. An application that provides all of the information required by the director of planning shall be determined to be complete and be accepted for review and decision. [GK: Subsection (a) was not included in the May 8, 2012 draft. It is added to this draft to provide a procedure for County- initiated zoning map amendments that, though much simpler, is somewhat similar to that for owner - initiated zoning map amendments.] b. Worksessions and community meetings. The director of planning is authorized to schedule worksessions before the board of supervisors, the commission, and the architectural review board. if Whcable, and community meetings, as he determines to be appropriate. bc. Public hearings. Before the board of supervisors acts on a zoning text amendment or a zoning map amendment, the commission shall hold at least one public hearing before making its recommendation to the boardAser�-an each applicationthe. The board also shall hold at least one public hearing before acting on the zoning text amendment or zoning map amendment_ ed. Notice of public hearings. Notice of public hearings shall be provided as follows: 1. Published and mailed notice. Notice of the public hearing before the commission and the board of supervisors on an =hcation shall be provided as required by Virginia Code & 15.2 -2204 and Virginia Code & 15.2 -2285(Cl. 2. Posted notice. Notice of the public hearing before the commission and the board of supervisors on each application for a zoning man amendment shall be posted as provided in section 33.4(hm)(2) to the extent those provisions are applicable in the context of the application, de. Time for decision. Decisions shall be made within the following periods: 1. By the commission. A6.ROnce an application is determined to be complete as provided in subsection (a), it shall be acted on by the commission within ninety (90) days a€terfollowing the ° ^F'6efirst meeting of the commission after it was first-referred to the commission, according to the schedule established and administered by the director of planning. The failure of the commission to make a recommendation on the application within the ninety (90) day period shall be deemed to be a recommendation of apa rte, unless the guests or een to the commission extends the nine 90 day period 25 Draft: OM8 /13/12 ATTACHMENT C 2. By the board of supervisors. An application shall be acted on by the board of supervisors within a reasonable period as may be necessary not to exceed twelve (12) months a€terfollowing the date first meeting of the commission after it was fi fst referred to the commission, according to the schedule established and administered by the director of planning, unless theme ~ ~' FeElffeStS OF " board extends the twelve (12) month period' [GK: Subsections (e)(1) and (2) were amended after the May 8, 2012 draft to use the first meeting of the commission after the application is referred to the commission as the event that starts the clocks running because the "referral" terminology is used in Virginia Code § 15.2- 2285.. The May 8, 2012 draft used the date the application was determined to be complete as the date upon which the clocks began to run. This change was made because actual processing of a complete application does not begin until the fees are paid and the application cycle in which an application is processed will depend on when the fees are paid.] 3. Referral. The board of supervisors may refer an application to the commission after the commission has made a recommendation or the application has been deemed to be recommended for approval, provided that further action by the commission and action by the board e€ s e isers is within the eeFiedetwelve (12) month period provided in this ' ~~ ~.subsection (e)(2), unless the twelve (12) month period is extended. ef. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(F). [GK: This section would incorporate the general principles of current sections 33.4, 33.5 and 33.8; specifically, subsection (a) provides for the determination that an application is complete. Subsection (b) incorporates recommendations by staff as part of the legislative process changes. In subsection (d)(2) (posted signs), it is suggested that this subsection merely cross - reference the posted sign provisions in proposed section 33.4(m)(2) since county- initiated zoning map amendments are uncommon; the other subsections are based on state law. Subsection (e) ties the starting of the time for a decision to the first meeting of the planning commission after the matter is referred to it, which is the language from Virginia Code § 15.2 -2285, but provides that the referral will be according to the schedule established and administered by the director of planning. Subsection (e)(1) would allow the planning commission to delay making a recommendation past the 90 -day period. Virginia Code § 15.2 -2285 does not expressly enable deferral as stated, unlike the express authority given to local governing bodies to defer if requested or consented to; however, in this section the County is the applicant and the decision - maker, and the authority of the commission and the board is based on the board's authority to provide for the administration of the zoning ordinance under Virginia Code § 15.2- 2286(A)(4).] Sec. 33.4 Uniform procedures for owner - initiated zoning man amendments and special use hermits Each application for an owner- initiated zoning map amendment or special use permit, except for those delegated by this chanter to the board of zoning anneals under section 4.15.5. shall be subiect to the following: [GK: This section is the heart of the process changes recommended by staff for legislative actions — owner - initiated zoning map amendments and special use permits — and that is why they are addressed in the same section. When Chapter 18 is recodified and a new numbering system is used (similar to that used in the Subdivision Ordinance and the Water Protection Ordinance), this section will likely be broken into multiple sections within the same article. Until then, the subject matter will be in one section and the headings should allow readers to easily navigate their way through it.] 26 Draft: W08 /13/12 ATTACHMENT C a. Pre - application meeting. The director of planning is authorized to require a pre-application meeting with any applicant, to require that the annlicant complete and submit information on county - provided forms before submitting an annlication, and to establish procedures for responding to the information submitted by the applicant (collectively, the "pre - application meeting"), subject to the following_ 1. Factors to consider. In considering whether to require a pre - application meeting, the director shall consider the proposed use, the proposed density, the proposed zoning district, and other considerations he determines to be relevant under sound zoning principles so as to be able to identify what supplemental information delineated in subsection (c) the applicant must submit with the application. 2. Waiver when required supplemental information already identified. dentified. The director in his discretion Formatted: Indent: Left: o ", Hanging: 1 ", may waive the pre - application meeting if he has identified the supplemental information Tab stops: o.s", Left + Not at o^ delineated in subsection (c) that must be submitted with each application for a particular class of zoning map amendments or special use ep rmits [GK: Subsection (a) would incorporate the recommendations by staff as part of the legislative processes changes. This subsection also would incorporate the "preapplication conference" required for planned developments under section 8.5.2but as proposed, whether a pre - application meeting will be required will be left to the discretion of the director of planning. In response to public comments received at the May 15, 2012 worksession and the subsequent roundtable, this subsection was amended to clarify the factors the director would consider to decide whether to require a pre - application meeting in a particular case, and the circumstances in which the pre - application meeting would not be required.] b. Applications. Each application shall be composed of a completed county - provided application form: and s nplemental information collectively. the "application") required to review and act on the application. 1. Application forms. The director of planning is authorized to establish appropriate annlication forms for zoning man amendments and special use permits. ° «a is a _: 1 t,. 1 « _« :« ...,.,.t q14 no I t..l «C,.- ......t:..« .........t be qu 1.nn_itt..,l with k*l,.1. wmIi....ti..« « ..:,l,..l tl...t .. «..: «F Ail identifi'-d in ....l gRotien Rh)P) « m ;lion fia , t tabligh ....1.... «e.l d6-,vP n4;Me «t ,....,1 ..« ,... :..a:« «1..........,1 .1...,,.1 .. «.«,. «t ,l:..t -:,.t ..hall 1.......1......:tt,..l In d et,..-...:...: «.. NAARt« «1,......8...t..l iRfQF_M_RfiRR ..1...11 1......- ,...:,1,..1 tl.,. dirR,.t..- ,.0 «1........: «,...hall oa use. the oree,.,.ea aensit..:r,.« «lieable the oree,...ea , e a:,.t. et i faimlieable «a The application form shall delineate the supplemental information required to be provided, as set forth in subsection (b)(2). a2. When supplemental information may be required; establish or amend conventional zoning districts; amend planned development districts: obtain or amend special use permits. For each application for a zoning map amendment to establish or amend a conventional zoning district, to amend a planned development district, and for each application to obtain or amend a special use permit, the director of planning may require some or all of the supplemental information required 27 Draft: 0108 /13/12 ATTACHMENT C by subsection (c) to be submitted with each application. In determining what supplemental information must be submitted, the director shall consider the Proposed use, the proposed density, the proposed zoning district, and other considerations he determines to be relevant under sound zoning principles. 3. When supplemental information required; establish planned development districts. Each application to establish or amend a planned development district shall submit all of the following supplemental information. [GK: Subsections (b)(1), (2) and (3) are set up to require all of the subsection (c) information to be provided for applications to establish planned development zoning districts, but to allow the director of planning the discretion to determine what information is needed for all other types of zoning map amendments and special use permits. The considerations for the director in determining what information will be required are provided, but leave room for the director to consider other relevant factors as well. Checklists would be provided to the applicant letting it know what information is required. Subsection (b) was reorganized after the May 8, 2012 draft in response to public comments asking for more clarity as to when supplemental information would be required and what information would be required for a particular application.] C. Elements of the supplemental information. The supplemental infonnation is the following_ 1. Project proposal. A narrative of the project proposal, including its public need or benefit: an Formatted: Indent: Left: 0 ", Hanging: t" a phcation to establish a neighborhood model district shall include a statement descriMng how the proposed NM Pdistrict satisfies the intent of this chanter and if one or more characteristics of the Neie be -heed Mode neighborhood model delineated in section 20A.1 are missing from an application, the applicant shall justify why all e€heany characteristics cannot or should not be provided. [GK: Subsection (c)(1) would incorporate not only staffs recommended text, but a portion of the statement/ narrative required by section 20A.3 for neighborhood model planned developments.] b 2. Comprehensive plan. A narrative of the proposed project's consistency with the comprehensive Formatted: Indent: LeR: o ", Hanging: 1" plan, including the land use plan and the master elan for the applicable development area: an a phcation to establish a neighborhood model district also shall include a narrative as to the project's consistency with the ei borhood model. [GK: Subsection (c)(2) would incorporate not only staffs recommended text, but a portion of the statement/ narrative required by section 20A.3 for neighborhood model planned developments.] e_3. Impacts on public facilities and infrastructure. A narrative of the proposed project's impacts on Formatted: Indent: Left: 0.5 ", Hanging: 0.5" Public facilities and public infrastructure. 44. Impacts on environmental features. A narrative of the proposed project's impacts on Formatted: Indent: Left: 0.5 ", Hanging: 0.5" environmental features. e5. Proposed proffers to address impacts. A narrative of the proffers proposed to address impacts Formatted: Indent: Left: 0.5 ", Hanging: 0.5" from the proposed project. €6. Maps. One or more mans showing the proposed project's regional context and existing natural Formatted: Indent: Left: 0.5 ", Hanging: o.s" and manmade physical conditions: if the project is Ito amend an existing planned development district and the proposed amendment would affect less area than the entire district. 28 Draft: OM8 /13/12 ATTACHMENT C the applicant shall submit a man showing the entire existing planned development district and i entifving any area to be added to or deleted from the district, or identifying the area to which the amended application plan, code of development, proffers or any special use permit or special establish a planned development district, an annlication plan. showing: (i) the street network. including circulation within the project and connections to existing and proposed or planned streets within and outside of the roroject: (ii) typical cross - sections to show proportions_,scale cross - sections /circulation: (iii) the general location of pedestrian and bicycle facilities: iv) building envelopes: (v) parking envelopes: (vi) public spaces and amenities: (vii) areas to be designated as conservation and/or preservation areas; (viii) conceptual stormwater detention facility locations: (ix) conceptual grading: and (x) a use table delineating use types, the number of welling units, non - residential square footage, building stories and/or heights, build -to lines . setbacks and yards, and other features. In addition: Formatted: Double underline Formatted: No underline Formatted: Indent: Left: 0.5 ", Hanging: 0.5" 4-a. Additional information for all planned development districts. An application plan to Formatted: Indent: Left: 0 ", Hanging: 1.5 ", establish a planned development district shall include, in addition to that required by Tab stops: 1 ", Left + Not at 1.5" subsection (b4(2 c)(7): (i) topography. using the county's geographic information system or better topographical information, and the source of the topographical information, surorolemented where necessary by snot elevations and areas of the site where ere are existing critical slopes: (ii) a conceptual lot layout: (iii) the general layout for water and sewer systems: (iv) the location of central features or major elements within the project essential to the design of the project, such as major employment areas. parking areas and structures, civic areas, narks, open space, green spaces, amenities and recreation areas: and (y) standards of development including proposed yards. omen space characteristics, and any landscape or architectural characteristics related to scale . proportions, and massing at the edge of the district. 2b Additional information for all neighborhood model districts. An application to establish a Formatted: Indent: Left: 0 ", Hanging: 1.5 , neighborhood model district shall include, in addition to that required by subsections Tab stops: 1 ", Left + Not at 1.5" �Z(71 and (' " ^ "a,z„i,z, "' �(7Z(a, the location of proposed green spaces and amenities as provided in section 20A.9. [GK: Subsection (c)(7) would incorporate not only the plan of development requirements proposed by staff, but the application plan requirements for planned developments generally in current section 8.5.1(e) (as reflected in (c)(7)(a)), and the application plan requirements for neighborhood model districts in current section 20A.4. There is a lot of overlap between the proposed plan of development and the current regulations in sections 8.5.1(e) and 20A.4, and this approach eliminates the overlap.] h8. Code ofdeveloyment in a proposed XMQneighborhood model district. An aroroljcatjon to establish- Formatted: Indent: Left: 0.5" a neighborhood model district shall include a code of development satisfying the requirements of section 20A.5. [GK: Subsection (c)(8) would incorporate the information required by section 20A.5 for neighborhood model developments required by current section 20A.3(e).] R Parking and loading needs study in a proposed NAIDneighborhood model district. An application- to Formatted: Indent: Left: os" establish a neighborhood model district shall include a narking and loading needs study tha demonstrates parking needs and requirements and includes strategies for dealing with these needs and requirements, including phasing plans, narking alternatives as provided in section 4.12.8. and 29 Draft: OM8 /13/12 ATTACHMENT C transportation demand management strategies as provided in section 4.12.12_ provided that the a plicant may elect to submit the narking and loading needs study in conjunction with the preliminary site plan for the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. [GK: Subsection (c)(9) would incorporate the information required by current section 20A.3(b) for neighborhood model developments.] i10. Stormwater management in a proposed 114Aneighborhood model district. An application to Formatted: Left, rodent: Left: os" establish a neighborhood model district shall include strategies for establishing shared stormwater management facilities, off -site stormwater management facilities, and the proposed phasing of the establishment of stormwater management facilities. [GK: Subsection (c)(10) would incorporate the information required by current section 20A.3(c) for neighborhood model developments.] kI 1. Traffic impact statement. For zoning man amendments, a local traffic impact statement as Formatted: Indent: Left: 0.5" required by Virginia Code & 15.2- 2222.1 and 24 VAC 30- 155 -40 112. Recorded plat or boundary survey. The most recently recorded plat of the parcel(s) composing Formatted: Indent: Left: os ", Hanging: os" the r project, or a boundary survey if a portion of one or more parcels compose the proposed project_ both of which shall include a metes and bounds description of the boundaries. +a13. Ownership information. Documents that verify the identity of all record title owners of the Formatted: Indent: Left: 0.5" parcel(s) composing the proposed project and documents identifving the authorized signatories of the application, the proffer statement, if applicable, and all other related documents. n14. Contact person. The name, address, telephone number and e-mail address of a single contact Formatted: Indent: Left: 0.5" person for communications between the county and the applicant. e15. Other information. Other special studies or documentation, if applicable, and any other Formatted: Indent: Left: o.s ", Hanging: o.s" information identified as necessary by the county on the pre- application comment form 3d. Payment ofdelinauent taxes. The applicant shall provide satisfactory evidence that any delinquent real Formatted: Indent: Left: o ", Hanging: o.s" estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the county hand have been properly assessed again the subject property, have been paid. [GK: Subsection (d) would incorporate what is now in section 1.9, and is enabled by Virginia Code § 15.2 - 2286(B), as revised to incorporate the amendments that became effective July 1, 2012. The amended state enabling authority expanded the authority of localities beyond delinquent real estate taxes to allow collecting delinquent nuisance charges, stormwater management utility fees, and any other charges that constitute a lien. The subject matter is more appropriate here, rather than in section 1.9, since it is an application requirement. A corresponding change is proposed for section 34.4, which applies to variances.] ee. Filing the application: *'-°W.number ofcopies. The °~ lirptipp mgy h- o a by the owner. the owner's agent, or a contract purchaser with the owner's written consent (the "applicant"" ) may file the application with the department of community development. subject to the felle.°:.,e additional Draft: 0"8 /13/12 ATTACHMENT C 2 ' •mber °r°°ig° °° °r,.... ". sign The director of planning is authorized to establish for each class of application the number of collated conies of the application required to be filed [GK: The first sentence of subsection (e) is enabled by Virginia Code §§ 15.2 -2285 (zoning map amendments) and 15.2- 2286(A)(3) (special use permits and special exceptions; "suitable regulations safeguards "). The second sentence would incorporate recommendations by staff as part of the legislative processes changes.] df. Determining completeness ofthe application: rejecting incomplete applications. An application that provides all of the required information shall be determined to be complete and be accented for review and decision. An application omitting any required information shall be deemed to be incomplete and shall not be accented. 1 Timing of determination ofcomnleteness. The director of planning shall determine whether an application is complete within ten (10) days after the application was received. 2. Procedure if aoolication is incomplete. The director of planning shall inform the applicant in yaidng-otv letter explaining the reasons why the application was rejected as being incomplete. The ° ., ......,:,.,...t «,...t :.,.......,:,...t: ...a ,.,, hPiRP :....,...._,,.. letter shall eilhef--be FAAJ led to the gpoli eagngsent by first class mail be personally delivered or, if consented to by the 4eve eaffapplicant in writing, by fax or email, or hR O °- 1;A4;All a°1iA' ° - °a 3. Effect iftimely determination not made. If the director of planning does not ffk&Asend or deliver the notice as provided in subsection 2 within the ten 10 day period, the lication shall be deemed to be complete, provided that the director may require the applican to later provide the omitted information within a period specified by the director, and further provided that the director may reject the application as provided herein if the applicant fails to e4. Notice to other owners ofannlication for zoning man amendment to amend existing proffers Within ten 00) days after an application for a zoning map amendment seeking to amend existing proffers is determined to be complete, written notice of the proposed amendment shall be provided to each owner subject to the same proffers as required by Virginia Code H 15.2 - 2204 (H) and 15.2 -2302. [GK: Subsection (f) would implement the enabling authority of Virginia Code §§ 15.2- 2286(A)(3) (special use permits and special exceptions) ( "suitable regulations and safeguards ") and 15.2- 2286(A)(4) (administration of the zoning ordinance) and incorporate the concepts recommended by staff as part of the legislative processes changes. Staff recommends that, because the determination of completeness can be such a crucial step in the application process and the timing of an application having to get to public hearing and action, that the requirements be spelled out in the regulations, rather than in administrative guidelines. Subsection (f)(4) would be added to ensure that the notice required by Virginia Code §§ 15.2- 2302, which cross - references 15.2- 2204(H), effective July 1, 2012, is provided.] � Formatted: Indent: Left: 0" Formatted: Font: Not Bold Formatted: Indent: Left: 0.5 ", Hanging: 0.5 ", Tab stops: Not at 0" Draft: 0"8 /13/12 ATTACHMENT C g. Payment of fees. When an annlication is determined to be complete, the applicant shall nay the fee required by section 35.1 before the annlication is further processed. [GK: Subsection (g) deviates from the regular time at which fees are collected — when the application is submitted — and a corresponding change would be made to section 35.1.1 C •h. *'° u Resubmittal of application originally determined to be incomplete. Within six (6) months after the date the ^°f�onletter that an application was rejected as being incomplete was mailed, faxed emailed or delivered by the director of planning as provided in ° °' �' ^'asubsection (D(2) 1. the applicant may subff+Aresubmit the annlication with all of the information required by seetien �4Fbsubsections (bl and (cl for a new determination of completeness under � ° °'�," ^'asubsection (fl. [GK: Subsection (h) would implement the broad enabling authority of Virginia Code §§ 15.2- 2286(A)(3) (special use permits and special exceptions) ( "suitable regulations and safeguards ") and 15.2- 2286(A)(4) (administration of the zoning ordinance) and incorporate the concepts recommended by staff as part of the legislative processes changes. Staff recommends that, because the determination of completeness can be such a crucial step in the application process and the timing of an application having to get to public hearing and action, that the requirements be spelled out in the regulations, rather than in administrative guidelines.] gi Worksessions and eopiniuniq, nieefingg.. For any application_ the director of Dlanning 5b"mav schedule worksessions before the board of supervisors, the commission, and the architectural review board, if applicable, as he determines to be appropriate considering the nature of the approval requested, the acreage affected, the possible impacts that could result from an approved application, and any other factors deemed relevant upon applying sound zoning principles. [GK: Subsection (i) would implement the broad enabling authority of Virginia Code §§ 15.2- 2286(A)(3) (special use permits and special exceptions) ( "suitable regulations and safeguards ") and 15.2- 2286(A)(4) (administration of the zoning ordinance) and incorporate recommendations by staff as part of the legislative processes changes. In the May 8, 2012 draft, worksessions and community meetings were addressed in the same subsection. This subsection was further revised after the May 8, 2012 to incorporate criteria as to when the director may require a worksession.] Community meetings. For any application, the director of planning may schedule community meetings as he determines to be appropriate considering the nature of the approval requested, the acreage affected, the possible impacts that could result from an approved application, and any other factors deemed relevant upon applying sound zoning principles. The director of planning is authorized to establish written guidelines pertaining to which applications should have community meetings, when in the process community meetings should be conducted, and how a community meeting should be conducted including, but not limited to, how and to whom notice should be provided for community meetings, who should schedule and lead the meeting, the format of the meeting, and how the issues identified at the meeting should be documented. [GK: Subsection 0) would implement the broad enabling authority of Virginia Code §§ 15.2- 2286(A)(3) (special use permits and special exceptions) ( "suitable regulations and safeguards ") and 15.2- 2286(A)(4) (administration of the zoning ordinance) and incorporate recommendations by staff as part of the legislative processes changes. The second sentence was added to address comments made at the planning commission's May 15, 2012 worksession and the subsequent roundtable. In the May 8, 2012 draft, worksessions and community meetings were addressed in the same subsection. This subsection was further Draft: 0"8 /13/12 ATTACHMENT C revised after the May 8, 2012 to incorporate criteria as to when the director may require a community meeting.] hk. Review ofstaffcomments. Upon request by the applicant, the director of planning shall meet with the applicant to review comments to the application made by county staff. [GK: Subsection (k) is new, added in response to comments made at the planning commission's May 15, 2012 worksession and the subsequent roundtable.] 1. Public hearings. Before the board of supervisors acts on a zoning map amendment or a special use Formatted: Tab stops: 0 ", Left permit, the commission shall hold at least one public hearing before making its recommendation to the board e upepA er- on each application -and -the. The board of .... .-." eFs shall hold at least one public hearing before approving an application. [GK: Subsection (1) was amended after the May 8, 2012 draft to state that the Board is required to hold at least one public hearing "before approving an application," which is the phrase used in Virginia Code § 15.2- 2285(C) for zoning map and zoning text amendments.] Formatted: Indent: Left: 0 ", Hanging: 0.5" im. Notice of public hearings. Notice of public hearings shall be provided as follows: 1. Published and mailed notice. Notice of the public hearing before the commission and the board of supervisors on an arorolication shall be provided as required by Virginia Code & 15.2- 2204 -and:: for zoning map amendments, as also provided by Virginia Code § 15.2- 2285(ca.: he ApplJoAtion Proposes): and, for zoning map amendments seeking to amend an existing planned development district, written notice of the proposed amendment also shall be provided to the owner of each parcel within the planned development district and the substance of that notice hall be as required by Virginia Code § 15.2- 2204(B). paragraph 1, regardless of the number of— parcels affected. 2 Posted notice. Notice of the public hearing before the commission and the board of suroervisors on each application shall be posted, as follows: a. When sign must be posted. The sign shall be posted by the zoning administrator at least fifteen (15) days before the commission's public hearing on the application and shall remain posted until the board of supervisors has acted on the application or the application has been withdrawn. b. Where sign to be located. The sign shall be erected within ten (10) feet of •°' atev-Feach boundary line of the parcel(s) that abuts a F%dstreet and shall be so placed as to be clearly visible from the readstreet. If more than one eeadstreet abuts the parcel(s) then either: (1) a sign shall be erected in the same manner m above for each abutting readstreett or (2) if the area of the roarcel(s) to be used if the application was granted is confined to a particular portion of the parcel(s), a sign erected in the same manner as above for the abutting F%dstreet that is in closest nroxir " to. or would be impacted bv. the proposed use. A sign need not be roosted along Interstate 64 or along any abutting F%dstreet if the sign would not be visible from that F%dstreet. If no readstreet abuts the parcel(s), then signs shall be erected in the same manner as above on at least two boundaries of the parcel(s) abutting land not owned by the applicant in locations that are most conspicuous to the public. The filing of the eetitien- eEannlication sha11 be deemed to grant consent to the zoning administrator to enter the parcel(s) to erect the signs. 33 Draft: 0108 /13/12 ATTACHMENT C C. Content ofsign. Each sign shall state that the parcel(s) is subject to a public hearing and explain how to obtain additional information about the roublic hearing. d. Maintaining the sign. The applicant shall diligently protect each sign from vandalism and theft, maintain each sign in an erect position in its posted location, and ensure that each sign remains legible. The failure of an applicant to comroly with these responsibilities may be cause for the commission or the board of supervisors to defer action on an application until there is reasonable compliance with this pafagfashsubsection. e. Ownership ofsign: violation for removing or tampering with sign. Each sign is the property of the board of supervisors. It shall be unlawful for any person to remove or tamper with any sio except the applicant performing maintenance required by this subsection or the zoning admjnistrator +° �' ° f. Effect of failure to comply. If the requirements of this subsection to post notice are not comrolied with: 1. Prior to action by board. The board of supervisors may defer taking action on an application if it finds that the failure to comply with this subsection materially deprived the public of reasonable notice of the public hearing. 2. Action not invalid. No action on a n application shall be declared invalid solely because of the failure to post notice as required by this subsection [GK: Subsection (m) would incorporate the requirements of Virginia Code §§ 15.2-2204,15.2-2285 and current section 33.8 and its several subsections. Subsection (m)(1) also would incorporate the mailed notice requirements for amendments to existing planned development districts in current section 8.6.] Vin. Time for decision Each application shall be acted on as follows: 1. By the planning commission. An application shall be acted on by the commission within ninety rom days aft- a ° a°+° ° ..., inn it Affioia . ••w : + + °a following the first meeting of f the commission after it was referred to the commission, according to the schedule established and administered by the director of planning. The failure of the commission to make a recommendation on the application within the ninety (901 day period shall be deemed to be a recommendation of approval unless the applicant requests or consents to the ninety (90) day period being extended. 2. By the board of supervisors. An application shall be acted on by the board of supervisors within a reasonable period as may be necessary not to exceed twelve (12) months afteF thk- a°+° °r • °' t�he Annlis°+i°; wn° °f full° °••hmit + °afollowing the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, unless the applicant requests or consents to the twelve (121 month period being extended. [GK: Subsections (n)(1) and (2) were amended after the May 8, 2012 draft to use the first meeting of the commission after the application is referred to the commission as the event that starts the clocks running, and this is the terminology used in Virginia Code § 15.2 -2285. The May 8, 2012 draft used the date the application was determined to be complete as the date upon which the clocks began to run. This change Draft: OM8 /13/12 ATTACHMENT C was made because actual processing of a complete application does not begin until the fees are paid and the application cycle in which an application is processed will depend on when the fees are paid.] 3. Tolling. The period in which action is required by the commission or the board of supervisors shall be tolled during any period in which the applicant has requested that the review of the rorolication be suspended or the public hearings or action thereon be deferred or continued. 4. Referral. The board of suroervisors may refer an aronlication to the commission after the commission has made a recommendation or the application has been deemed to be recommended for approval, provided that further action by the commission and action by the board of = ervisors is within .twelve 12 months followin g the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning, unless the applicant requests or consents to the twelve (12) month period being extended. [GK: Subsection (n) would incorporate the requirements of Virginia Code § 15.2 -2285 (zoning map amendments), 15.2- 2286(A)(3) (special use permits and special exceptions) ( "suitable regulations and safeguards ") and current sections 31.6.2 (special use permits), 31.8 (special exceptions) and 33.5 (zoning map amendments).] ko. Recommendation by commission. The commission shall either recommend approval of the application as proposed, approval subject to changes being made prior to action by the board of supervisors, or disapproval. For any application for a zoning map amendment, the commission's recommendation also should include its recommendations on proposed proffers and, for any application to establish or amend a planned development district, its recommendations on the application plan, the standards of development, the code of development, and any special exception requested by the applicant under section 8.2. For any application for a special use permit, the commission's recommendation should include its recommendations on the proposed conditions. [GK: Subsection (o) would clarify the role of the planning commission in making its recommendation and it specifically includes the required recommendation in current section 8.5.3(c) regarding planned development waivers and modifications. This subsection consolidates what were subsections 33.6(c) (zoning text and map amendments) and 33.8(e) (special use permits) in the May 8, 2012 draft, because the subject matter is more appropriate here.] P. Action by the board ofsupervisors. The board of supervisors may either approve or deny or defer action to allow changes to be made prior to final action by the board. [GK: This section is new; it was not included in the May 8, 2012 draft.] q_. Intensification of use classification prohibited without additional notice and hearing. No land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice is provided as required by Virginia Code H 15.2 -2204 and 15.2- 2285(C). [GK: Subsection (q) would replace current sections 33.5 and 33.9 and would follow the language of Virginia Code § 15.2- 2285(C). The subject matter of this subsection was located in subsection 33.6(e) of the May 8, 2012. However, the subject matter is more appropriate here.] r. Withdrawal of application. An application may be withdrawn, or be deemed to be withdrawn, as provided herein: Formatted: Indent: Left: 0 ", Hanging: 1 ", Tab stops: 0.48 ", Left + 1 ", Left Draft: 0"8 /13/12 ATTACHMENT C 1 Request to withdraw by applicant. An application may be withdrawn upon written request by the a plicant. The written request must be received by the body considering the application prior to it beginning consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without further action by the commission or the oard of supervisors. An applicant may not submit an application that is substantially the same as the withdrawn application within one (1) year of the date of withdrawal unless the body considering the application at the time of withdrawal specifies that the time limitation shall not apply. 2. When application deemed withdrawn. An application shall be deemed to have been voluntarily withdrawn if the applicant requested that further processing or formal action on the application be indefinitely deferred and the commission or the board of supervisors is not requested by the applicant to take action on the application within one (1) year after the date the deferral was requested. -Upon written request received by the director of planning before the one (1) year period expires, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed use, the complexity of the review, and the laws in effect at the time the request for extension is made [GK: Subsection (r) would incorporate the requirements of Virginia Code §§ 15.2 -2285 (zoning map amendments; withdrawal), 15.2- 2286(A)(3) (special use permits and special exceptions) ( "suitable regulations and safeguards "), 15.2- 2286(A)(4) (administration of the zoning ordinance), 15.2- 2286(A)(7) (zoning map amendments; withdrawal) and incorporate provisions in current sections 31.6.2 (special use permits) and 33.7 (zoning map amendments).] Is. Resubmittal ofsimilar denied application. An apphcant may not submit an annlication that is substantially the same as the denied application within one (1) year after the date of the denial. [GK: Subsection (s) would implement the enabling authority in Virginia Code §§ 15.2- 2286(A)(3) (special use permits and special exceptions) ( "suitable regulations and safeguards "), 15.2- 2286(A)(4) (administration of the zoning ordinance), and 15.2- 2286(A)(7) (zoning map amendments; "substantially the same petition will not be considered ").] nit. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code & 15.2- 2285(Fl. [GK: Subsection (t) references Virginia Code § 15.2- 2285(F), which is the statute under which challenges to zoning map amendments, special use permits and special exceptions are made.] State law reference —Va. Code && 15.2-2204,15.2-2285,15.2-2286 f41. f71. (Bl. Sec. 33.5 Uniform procedures for special exceptions Each application for a special exception shall be subject to the following: a. Matters requiring a special exception. Notwithstanding any other section of this chanter: 1. Any request for a waiver, modification, variation or substitution permitted by this chapter shall be considered and acted upon by the board of supervisors, provided that no special exception shall be required for the development and construction of residential dwellings at the use, height and density_ permitted by right in the applicable zoning district. strict_ Draft: 0"8 /13/12 ATTACHMENT C [GK: The definitions of "gross density" and "density permitted by right" would be added to section 3.1 and they are relevant to subsection (a)(1). The residential density allowed under the current zoning district regulations is expressed as "gross density," which is the maximum theoretical density that could be achieved before complying with, for example, the critical slopes regulations, the requirements for minimum yards, and other regulations affecting the development of a site. "Gross density" is distinguishable from "density permitted by right," which is the term used in Virginia Code § 15.2- 2288.1. Virginia Code § 15.2- 2288.1 provides that a locality cannot require a special exception for "for the development and construction of residential dwellings at the use, height and density permitted by right under the local zoning ordinance." In a very recent unpublished Virginia Supreme Court decision, the court held that, under Virginia Code § 15.2- 2288.1, the town could not require a special exception to disturb critical slopes for a residential development in order to achieve the density permitted by right. The definitions address that case by clarifying that the "density permitted by right" under the County's zoning ordinance is the density achieved after complying with all of the other regulations pertaining to development.] 2. Anv reauirement for a decision by the commission reauired by this chanter shall be considered and acted upon by the board. of supervisors. For the p=oses of this section, a decision by the commission does not include the consideration and action by the commission on a preliminary or final site plan under section 32 of this chapter or any aetieavariation or exception provided in section 32 enR14I-a ..°ag_..;_gila a r-de c , -4 4 22424) b. Annlication. Each application for a special exception shall be made as provided bv, and include the information required by, the applicable section of this chanter authorizing the waiver, modification_ variation or substitution. An application shall be deemed to be officially submitted when the applicant has submitted all of the required information as determined by the director of planning. C. Public hearings. Before the board of supervisors acts on a special exception that would increase by greater than fifty (501 percent ethe bulk or height of an existing or proposed building within one -half mile of an adjoining locality, the commission shall hold at least one public hearing before making its recommendation to the board on each application. The ar hall hold at least one public hearing before approving an application. [GK: Subsection (c) was amended after the May 8, 2012 draft to state that the Board is required to hold at least one public hearing "before approving an application," which is the phrase used in Virginia Code § 15.2- 2285(C) for zoning map and zoning text amendments.] d. Notice ofnublic hearings. Notice of public hearing before the commission and the board of supervisors on an application for which a public hearing is required under subsection (c) shall be provided as required by Virginia Code & 15.2- 2204(C). [GK: Under Virginia Code § 15.2 -2204, the only special exceptions that require a noticed public hearing are those for the increase in bulk or height described in subsection (c) and those which would allow a change in use, which the County allows only by special use permit.] e. Time for decision. Each aWlication for a special exception shall be acted on by the board of supervisors within nine 90 days afte-r th-Fe d-Fit ke Q--R- ih'hi Pah i t A.AffiRS Qflj P i A I 144 SI I hffnit-4 ed-following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning_, or concurrently with a zoning map amendment. special use permit. or site plan appeal, whichever is longer. Draft: 05/08 /13/12 ATTACHMENT C [GK: Subsection (e) was amended after the May 8, 2012 draft to use the first meeting of the commission after the application is referred to the commission as the event that starts the clocks running because the "referral" terminology is used in Virginia Code § 15.2 -2285. The May 8, 2012 draft used the date the application was determined to be complete as the date upon which the clocks began to run. This change makes the time for decision consistent with that for zoning map amendments and special use permits, but it includes additional flexibility to allow applications for special exceptions to be processed in conjunction with a zoning map amendment, special use permit or site plan appeal.] ff. Recommendation by ylanninz commission. For those applications considered by the commission, the commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the board of supervisors, or disapproval. The commission's recommendation should include its recommendations on the proposed conditions. [GK: Subsection (f) would clarify the role of the planning commission in those circumstances when a special exception will be reviewed by the planning commission. The subject matter of this subsection was in section 33.9(c) of the May 8, 2012 draft, but it is more appropriate here.] Formatted: Double underline R. Action by the board ofsupervisors. The board of supervisors may either approve the application, either with or without the conditions recommended by the commission, if applicable, or otherwise, deny the ayplication, or defer action to allow changes to be made prior to final action by the board. [GK: This subsection was not included in the May 8, 2012 draft.] h. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code § 15.2- 2285(F). [GK: This section is enabled by Virginia Code § 15.2- 2286(A)(3) ( "suitable regulations and safeguards ") and would incorporate the procedural requirements of current section 31.8 and adding the notice and public hearing requirements in the limited circumstances provided.] Sec. 33.6 Zoning text amendments and zoning man amendments: relevant factors to be considered: effect of approval A zoning text amendment or a zoning map amendment shall be subject to the following: a. Basis to act. The board of supervisors may amend, supplement, or change the zoning regulations, district boundaries, or classifications of property whenever the public necessity. convenience, general welfare. or good zoning practice requires. The commission shall consider these bases when making -a recommendation on an application. [GK: Subsection (a) would incorporate the language in Virginia Code § 15.2- 2286(A)(7) stating, essentially, when it is appropriate to amend the zoning ordinance or the zoning map.] b. Factors to be considered when - acting. The c IJRAVi - r..,.«,._....t...,, h-R _,...,., RRh- ... ........:........a hwe th commission and the board of supervisors shall reasonably consider the following factors when they are reviewing and acting upon zoning text amendments and zoning man amendments: (i) the existing use and 38 '- Formatted: Indent: Hanging: 0.19" Draft: 0/08 /13/12 ATTACHMENT C character of property; (ii) the comprehensive plan; (iii) the suitability of property for various uses-_(iv) the trends of growth or change: (v) the current and future requirements of the community as to land for various p=oses as determined by population and economic studies and other studies: (vi) the transportation requirements of the community: (vii) the requirements for airports, housing. schools. narks. playawnds, recreation areas and other public services: (viii) the conservation of natural resources: (ix) the preservation of flood plains: (x) the protection of life and proroertv from impounding structure failur es- (xi) the preservation of agricultural and forestal land: (xii) the conservation of properties and their values: and (xiii) the encouragement of the most appropriate use of land throughout the county. [GK: Subsection (b) would list the 13 considerations in Virginia Code § 15.2- 2284.1 1. Additional factors to be considered when acting: annlication to establish planned development district. In addition to anythe other factors relevant to the consideration of a zoning map amendment. ' the commission and the board of supervisors shall consider the following when reviewing an application to establish a planned development district: i) whether the proposed planned development satisfies the V=ose and intent of the planned development district: (ii) whether the area proposed to be rezoned is appropriate for a planned development under the comprehensive plan: and (iii) the relation of the proposed rolanned development to major roads, utilities, public facilities and services. [GK: Subsection (b)(1) would incorporate the factors to be considered by the planning commission in current section 8.5.3(b). Note that some of those factors included in current section 8.5.3(b)(2) were not included in subsection (b)(1) because they are already covered in subsection (b).] 2. Additional factors to be considered when acting: application to amend existing planned development district. In addition to anvthe other factors relevant to the consideration of a zoning map amendment, including those in subsections (b) and (b)(1), the commission and the board of supervisors shall consider the following when reviewing an application to amend an existing planned development district: (i) whether the proposed amendment reduces, maintains or enhances the elements of a planned development set forth in section 8.3: and (ii) the extent to which the proposed amendment impacts the other parcels within the planned development district. [GK: Subsection (b)(2) would incorporate the factors to be considered when amending an existing planned district under current section 8.6(d).] [GK: Prior subsection (c) was moved to section 33.4(0), where it more appropriately belongs.] dc. Effect of approval. The board of supervisors' approval of a zoning man amenmhall constitute acceptance of the proffers and also, for any application to establish or amend a planned development district, approval of the application plan, all standards of development, the code of development. and any waivers or modifications it has -ff Rmtk-d-approved by s ecial exception as provided under section 8.2. The zoning district designation, the accented proffers, and, if applicable, the approved application Draft: 0"8 /13/12 ATTACHMENT C plan, standards of development, and code of development, and, if applicable. the ...-...Aed w ive-s an' mad eaHen special exception shall be included as part of the zoning regulations applicable to parcel(sl that were the subject of the zoning map amendment. [GK: Subsection (c) would incorporate the principles and provisions of sections 8.5.3 and 8.5.4(b), but expand them to apply to all zoning map amendments] tate law reference -Va. Code && 152 -2284. 15.2-2285,15.2-2286(A)(7). [GK: Prior subsection (e) was moved to section 33.4(q), where it more appropriately belongs.] See. 33.7 Owner - initiated zoning man amendments: authority to accent proffers The board of supervisors is authorized to accent proffers pursuant to Virginia Code § 15.2 -2303 in conjunction with owner - initiated zoning man amendments as follows: Formatted: Double underline [GK: Virginia Code § 15.2- 2303(A) provides that the "zoning ordinance may include reasonable regulations and provisions for conditional zoning ... " Virginia Code § 15.2- 2303(G) authorizes zoning ordinances to include "reasonable regulations to implement, in whole or in part, the provisions of Virginia Code §§ 15.2 -2296 through 15.2- 2302." This section replaces sections 33.3 and 33.3.1.1 a. Purpose. Proffers are conditions that are intended to provide for the protection of the community that are not generally applicable to land similarly zoned. Accordingly, proffers are reasonable conditions that are in addition to the regulations provided for the zoning district under this chanter. [GK: Subsection (a) would be composed of the two fundamental purposes of proffers stated in Virginia Code §§ 15.2 -2296 and 15.2- 2303(A).] b. Form. Proffers shall be in writing and in a form that is approved by the county attorney. The director of planning is authorized to provide applicants with a proffer statement form. [GK: Subsection (b) would incorporate the requirement that proffers be in writing and includes additional "reasonable regulations and provisions," all as provided in Virginia Code § 15.2- 2303(A).] C. Timing of submittal. Proffers, signed by the owner of all parcels subject to the zoning map amendment_ hall be submitted to the department of community development prior to the public hearing before the board of supervisors on the proposed public hearing. The director of planning is authorized to establish written guidelines that require signed proffers to be submitted a reasonable period of time prior to the public hearing so as to allow the county and members of the public a reasonable period of time to review the proffers. [GK: The first sentence in subsection (c) states the requirement of Virginia Code § 15.2- 2303(A). The second sentence gives the director of planning the authority to administer the submittal of proffers to allow for their proper review, and the authority for this delegation is found in the board's authority to provide for administering the zoning ordinance under Virginia Code § 15.2- 2286(A)(4).] 40 Draft: OM8 /13/12 ATTACHMENT C d. Amendments to proposed proffers after public hearing has begun. The board of supervisors may accerot. in its sole discretion, amended proffers once the public hearing on the zoning man amendment has begun if it concludes that the amended proffers do not materially affect the overall nroroosal. [GK: Subsection (d) would incorporate the authority to accept amended proffers once the public hearing begins as provided in Virginia Code § 15.2- 2303(A). Note that a material amendment to a proposed proffer which would trigger the need for another public hearing may be found regardless of whether the proposed amendment would increase or reduce the owner's obligations or would be less or more restrictive.] e. Effect of proffers once accepted. Once proffered and accented by the board of supervisors in conjunction with an approved zoning man amendment, the proffers shall continue in effect until a subsequent zoning map amendment changes the zoning of the parcel(s) subject to the proffers: provided that the proffers shall continue in effect if the subsequent zoning map amendment is mart of a comprehensive implementation of a new or substantially revised zoning ordinance. [GK: Subsection (e) would incorporate the effect of accepted proffers as provided in Virginia Code § 15.2 - 2303(A).] f. Subseauent amendments to proffers. Once accented by the board of supervisors in coni unction with an approved zoning man amendment, proffers may be amended only by an owner- initiated zoning map amendment as provided in sections 33.4. 33.6 and this section. The boarder is authorized to waive, in its sole discretion, the requirement for a public hearing on an application to amend the proffers if it concludes that the proposed amendments do not pertain to ••g- A- density onditions affecting use or density and, if applicable, the notice required by section 33.4(1)(4) was provided. [GK: Subsection (f) would incorporate the authority granted in Virginia Code § 15.2 -2302. The notice requirements for a zoning text amendment to amend proffers is provided in section 33.4, and it includes the notice requirements required to be given to other owners subject to the same proffer statement within 10 days after the application is determined to be complete, as provided in Virginia Code §§ 15.2 -2302 and 15.2- 2204(H), and the requirement for notice of the public hearing as provided in Virginia Code §§ 15.2- 2204 and 15.2- 2285(C), unless the public hearing is waived by the board.] Sec. 33.8 Special use permits: relevant factors to be considered: conditions: revocation Special use permits shall be subject to the following: a. Factors to be considered when acting.- The commission and the board of supervisors shall fevie � °`~` heation by ,.,..,side..: ~seasonably consider the following factors.- when they are reviewing and the hgard- may an. actin upon an application :r:' °a °for a special use permi t: 1. No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots. 2. Character of district unchanged. The character of the district will not be changed by the proposed special use. 3. Harmony. The proposed special use will be in harmony with the p=ose and intent of this chapter, with the uses permitted by right in the district, with the regulations provided in section 5 as applicable, and with the public health, safety and general welfare 41 Formatted: Left, Indent: Left: 0 ", Hanging: 0.5" Formatted: Not Highlight Draft: 0"8 /13/12 ATTACHMENT C 4 Consistency with comprehensive plan. The use will be consistent with the comprehensive rolan. [GK: Subsection (a) would incorporate what is now in section 31.6.1, with a couple of changes. Current section 31.6.1 refers to "findings," and that term is changed to "factors" in this draft since special use permits are legislative actions, and consistency with the comprehensive plan is added as a factor to be considered since it is always part of staff's analysis.] b. Conditions.- The commission may recommend. and the board of supervisors may impose, conditions on the special use to address imroacts arising from the use in order to protect the public health, safety or welfare. The conditions may pertain to, but are not limited to, the following: Formatted: Indent: Left: 0 ", Hanging: 0.5" 1. The prevention or minimization of smoke, dust, noise, traffic congestion, flood and/or other hazardous, deleterious or otherwise undesirable substances or conditions. 2. The provision of adequate police and fire protection. 3. The provision of adequate improvements pertaining to transportation, water, sewage. drainage. recreation, landscaping and/or screening or buffering. 4 The establishment of special requirements relating to building setbacks_ front, side and rear vazds_ off-street narking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building heights, and other particular aspects of occupancy or use. 5. The period by which the use must begin or the construction of any structure required for the use must commence. 6. The materials and methods of construction or specific design features, provided such a condition for residential uses shall comply with subsection (cl. [GK: Subsection (b) would incorporate current section 31.6.3 and the commencement of the use /structure portion of section 31.6.4. Subsection (d)(6) is an exception to the Virginia Uniform Statewide Building Code but is subject to the considerations delineated in subsection (c) as required by Virginia Code § 15.2 - 2286(A)(3).] C. Conditions related to residential uses. Conditions Any conditions imposed in connection with residential special use permits: (i) shall be consistent with the objective of providing affordable housing if the applicant proposes affordable housing: and (iil shall consider the impact of the conditions on the affordability of housing where the conditions specify the materials and methods of construction or specific design features. [GK: This subsection would incorporate the requirements of Virginia Code § 15.2- 2286(A)(3)] d. Conditions deemed to be essential and nonseverable. Except as the board of supervisors may specify in a particular case, any condition imposed on a special use shall be deemed to be essential and nonseverable from the permit itself and any condition determined to be invalid_ void or unlawful shall invalidate the special use permit. [GK: This subsection would continue a portion of current section 31.6.3.1 42 Draft: 0"8 /13/12 ATTACHMENT C ..e,7 .al ,.F tl.e ,1 « «1 :,...6 with ,111.. «..e., t.. h,-,m d6., ««:..« to tl. «nlio 1ti A4; 1.., the 1...,. «.l ..F .... «a...,:.... «.. «.1:..,. « « «...,,.1 T11e .. a «,7,.ti..« A....l.l «,.11.,1,.:t.1 «.,. «.1.1ti.. «.. an tl.,. «,. «,...,..1 ..,. «,1: ti,.lis [GK: Prior subsection (e) was moved to section 33.4(0), where it more appropriately belongs.] €e. Revocation for noncompliance with conditions.- A special use permit may be revoked by the board of supervisors after a public hearing if the board determines that there has not been compliance with the conditions of the permit. Notice of the public hearing shall be as provided in Virginia Code & 15.2 -2204. provided that the written notice pf&v4deprovided by the board of supervisors to the owners, their agents. or the occupants of abutting parcels and parcels immediately across the street from the parcel(sl subiect to the special use permit, the board of supervisors may be given by first -class mail rather than by registered or certified mail. [GK: Subsection (e) would incorporate the revocation portion of current section 31.6.4, which is enabled by Virginia Code § 15.2- 2309(7) (which is part of the BZA enabling authority, though it includes enabling authority to local governing bodies as well). This subsection does not include the requirement that the noncompliance be "willful' because it is not required by the statute. "Willful" generally means "knowingly" or "purposely," or with intent to do wrong. The term is more commonly used in criminal statutes, which is how the County primarily enforced its zoning regulations when this regulation was last substantively revised. Also note that revoking a special use permit for noncompliance with a condition has been rarely used.] State law reference — Va. Code S& 15.2- 228 fi(A1t31. 1 i2- 2309(71. See, 33.9 Special exceptions: relevant factors to be considered: condifion Special exceptions shall be subject to the following: a. Factors to be considered when acting. In acting upon a special exception, the board of supervisors shall consider the factors, standards, criteria, and findings, however denominated, in the applicable sections of this chanter, provided that the board shall not be required to make specific findings in support of its decision. b. Conditions. In approving a special exception, the board of supervisors may impose reasonable conditions to address any possible impacts of the special exception. _____ shall either «..,1,..«. end a „11 of the a 1 ea4ion as orevesed. a ,al ,.F .1L1R"I k.,.. t.. ho mad,-, nrio« to thR .. « «1:.1.,ti..« 1... tl.o 1.0.1 «.1 ..F S.. «e«.,:....«.. « .1 :...1.... «....,.1 [GK: Prior subsection (c) was moved to section 33.5(f), where it more appropriately belongs.] state law reference — Va. Code &S& 15.2-2286 3 [GK: This section would incorporate the bulk of the regulations in current section 31.8, with the application portion moved to section 33.5, and it has been kept as simple as possible.] Sec. 34.4 Application for variances 43 Draft: O"8 /13/12 ATTACHMENT C Appheatien fef varianees may be made by any prepeAy owner, tenant, govemment offieial, depaFtment, board e Formatted: Tab stops: 0 ", Left + 0.5 ", Left bureau Any owner may apply for a variance. Sueh The application shall be made to the zoning administrator in accordance with the provisions of this section and with rules adopted by the board of zoning appeals. -The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board of zoning appeals who shall place the matter on the docket to be acted on by the board of zoning appeals. No sueh variance shall be authorized except after notice and hearing is provided as required by seetien 14.;1 "04. of fl;k- r a Virginia Code S 15.2 -2204. appheation to !he eenunissien whieh may send a reeenunenda4ien to the board of zoning appeals or appear as party °t the hearing The owner shall provide satisfactory evidence that any delinquent real estate taxes. nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the county w 6ehand have been properly assessed against the subject property, have been paid. [GK: This section would be amended to add what is now in section 1.9, and is enabled by Virginia Code § 15.2- 2286(B), as revised to incorporate the amendments that became effective July 1, 2012. The amended state enabling authority expanded the authority of localities beyond delinquent real estate taxes to allow collecting delinquent nuisance charges, stormwater management utility fees, and any other charges that constitute a lien. Other changes would also be made to this section to bring it up to date. The section will be more comprehensively amended as part of the future comprehensive revisions to Section 34.1 Sec. 35.1 Fees Each applicant shall Dav the following aDDlicable fees. Drovided that neither the countv nor the county school board shall be required to 1aany fee if it is the applicant: a. Zoning text amendments: $1000.00 b. Zoning map amendments: 1. Less than 50 acres; application and first resubmission: $2500.00 2. Less than 50 acres; each additional resubmission: $1250.00 3. 50 acres or greater; application and first resubmission: $3500.00 4. 50 acres or greater; each additional resubmission: $1750.00 5. Deferral of scheduled public hearing at applicant's request: $180.00 C. Special use permits: 1. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation Class B, to amend existing special use permit, or to extend existing special use permit; application and first resubmission: $1000.00 2. Additional lots under section 10.5.2.1, public utilities, day care center, home occupation class B, to amend existing special use permit, or to extend existing special use permit; each additional resubmission: $500.00 3. Signs reviewed by the board of zoning appeals: See subsection 35.1(fl 4. All other special use permits; application and first resubmission: $2000.00 5. All other special use permits; each additional resubmission: $1000.00 6. Deferral of scheduled public hearing at applicant's request: $180.00 7. Farmers' markets without an existing commercial entrance approved by the Virginia is Department of Transportation or without existing and adequate parking - $490.00 8. Farmers' markets with an existing commercial entrance approved by the Virginia Department of Transportation and with existing and adequate parking - $110.00 44 Draft: 0"8 /13/12 ATTACHMENT C d. Site plans: 1. Preliminary site plans; administrative review: $1200.00 plus $15 per dwelling unit and $0.015 per square foot of nonresidential structure 2. Preliminary site plans; planning commission review: $1800.00 plus $15 per dwelling unit and $0.015 per square foot of nonresidential structure 3. Final site plans; administrative review: $1500.00 4. Final site plans; planning commission review: $2000.00 5. Waiver of drawing of site plan under section 32.2: $1500.00 6. Site plan amendments under section 32.3.8 42: $500.00 (minor); $100.00 (letter of revision) 7. All other site plan amendments (major): $1500.00 8. Appeals to the board of supervisors under section 32.4.2.7: $240.00 9. Reinstatement of review under section 32.4.2.1: $240.00 10. Reinstatement of review under section 32.4.2.4: $80.00 11. Extension of period of validity: $475.00 12. Inspections pertaining to secured site plan improvements; per inspection: $280.00 13. Deferral of scheduled public meeting at applicant's request: $180.00 e. Certificates of appropriateness considered by the architectural review board ( "ARB" 1. For a site plan; per review by the ARB: $1000.00 2. For a building permit; per review by the ARB: $590.00 3. Amendment to approved certificate of appropriateness: $225.00 f. Matters considered by the board of zoning appeals: 1. Variances: $500.00 2. Appeals: $240.00 3. Special use permits for signs under section 4.15.5: $500.00 g Matters considered by the zoning administrator or other officials: 1. Official determinations regarding compliance: $185.00 2. All other official determinations, including g evelopment rights: $100.00 3. Zoning clearance for tourist lodging: $100.00 4. Zoning clearance for a home occupation, class A, a major home occupation, or a minor home occupation: $25.00 5. Zoning clearance for temporary fundraising activity: ctivity: No fee 6. All other zoning clearances: $50.00 7. Sign permits under section 4.15.4; no ARB review required: $25.00 8. Sign permits under section 4.15.4; ARB review required: $120.00 h. Groundwater assessments: 1. Tier 1 assessment under section 17 -401: $50.00 2. Tier 3 assessment under section 17 -403: $510.00 3. Tier 4 assessment under section 17 -404: $1100.00 i. Miscellaneous: 1. Change in name of development or change in name of street: $80.00 2. Relief from conditions of approval; modification or waiver of requirements: $425.00 3. Tier I1 personal wireless service facilities: $1820.00 j. Required notice: 45 Draft: O"8 /13/12 ATTACHMENT C 1. Preparing and mailing or delivering up to fifty (50) notices: $200.00, except for uses under sections 5.1.47 and 5.2A for which there shall be no fee. 2. Preparing and mailing or delivering, per notice more than fifty (50): $1.00 plus the actual cost of first class postage. 3. Published notice: cost based on a cost quote from the publisher, except for farmers' markets under section 35.1(c)(7) and (8) for which there shall be no fee. The fee shall be in the form of cash or a check payable to the "County of Albemarle." An application presented without the required fee shall not be deemed to be submitted and shall not be processed, provided that for applications for zoning may amendments and special use permits, the fee shall be paid when the application is determined to be complete. If the zoning administrator determines after a fee has been paid that the review and anoroval to which the fee pertains is not required to establish the use or structure. the fee shall be refunded to the applicant in full State law reference — Va. Code U 15.2- 2286(A)(6). [GK: This section was not included in the May 8, 2012 draft. This section would be amended to be consistent with proposed section 33.4(g), which allows the fees to be paid when the application is determined to be complete. It neither imposes new fees nor amends any existing fees. The proposed changes are in boldface type in the last paragraph of the section.] This ordinance shall be effective on and after 1 2012. 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 AveNay Mr. Boyd Mr. Dumler Ms. Mallek Mr. Rooker Mr. Snow Mr. Thomas Clerk, Board of County Supervisors 46 ATTACHMENT D Legislative Review Process Changes I. Exploratory /Information gathering meetings and pre - application meetings A. Held each Monday afternoon the County Office Building is open B. One hour slots in each of two (2) meeting rooms beginning at 2:00, 3:00 and 4:00 II. Exploratory /Information gathering meeting A. Optional B. Scheduled by staff upon written, e -mail or verbal request III. Pre - application meeting A. Required prior to application submittal whether or not an exploratory meeting has been held B. Pre -app form completed by applicant and submitted to schedule pre -app meeting, which inrlurlac 1. Property boundaries (tax map or plat) 2. Description of proposal being considered, including uses, scope and scale of development 3. Current use of property — description or graphic 4. Use of adjoining property - description or graphic 5. Infrastructure serving site (i.e. roads, water, sewer) - description or graphic 6. Environmental features - description or graphic 7. Conceptual plan can be provided in lieu of description(s) C. After submittal of pre -app form, staff schedules pre -app meeting D. After pre -app meeting, staff completes pre -app comment form and provides to applicant within (10) days 1. Includes checklist of information required for application submittal 2. Includes requirement(s) for plan of development, 527 Traffic Study and other saecial studies or documentation if determined applicable E. If the applicant so desires, a follow -up meeting with staff can be scheduled to clarify any pre -app form comments before making application F. If the applicant so desires, a pre - application work session can be scheduled with the Planning Commission 1. Applicant is provided an action memo after the work session detailing Planning Commission expectations IV. Application requirements A. Addresses expectations, including those based on staff pre -app comment form/pre- application meeting with Planning Commission (if applicable) 1. Project proposal , including public need or benefit — narrative 2. Consistency with Comp Plan — narrative 3. Impact on public facilities /infrastructure — narrative 4. Impact on environmental features — narrative ATTACHMENT D 5. Proffers to address impacts — narrative 6. Map showing a) Regional context b) Existing physical conditions (natural and manmade) 7. Plan of development (if applicable) showing a) Street network /cross- sections /circulation b) Pedestrian /bicycle facilities C) Building envelopes d) Parking envelopes e) Public spaces /amenities f) Conservation /preservation areas g) Conceptual stormwater detention facility locations h) Conceptual grading i) Use table (1) Use types (2) # DUs (3) Non - residential sq ft (4) Bldg. stories /heights (5) Build -to lines /setbacks /yards (6) Other features 8. Section 527 Traffic Study (if applicable) 9. Other special studies or documentation (if applicable) 10. Anv other information identified as necessary on the are -aap comment form 11. Recorded plat with metes and bounds (boundary survey if portion of parcel) 12. Ownership verification 13. Applicant authorized signatures B. Application submittals 3rd Monday of each month C. Fee not paid with submittal — applications QC'ed for completeness to accept for review D. Applicant notified within (10) days of acceptance /reiection 1. If accepted a) Fee must be paid within 5 business days of notice of acceptance to activate review during that application submittal review period b) Review begins 16 days after application submittal date if fee paid within 5 business days C) If fee not paid within 5 business days, review does not begin until 16 days after the next submittal date for which fee is paid 2. If not accepted a) Checklist of missing information provided b) Eligible to reapply with required information as early as the following month's submittal date C) New pre -app meeting not required, but a follow -up meeting with staff can be scheduled before re- applying if the applicant so desires ATTACHMENT D V. Continue with current process schedule and rules regarding resubmittals, scheduling work session /public hearings and deferrals A. Review begins 16 days after application submittal date for which fee is paid (Day 1 of 90 Days) B. 1st comment letter 46 days after application submittal date for which fee is paid (30 days after review begins) C. Planning Commission work session (optional in lieu of 1st comment letter) no sooner than 57 days after application submittal date for which fee is paid (41 days after review begins) D. Planning Commission public hearing (no resubmittal) no sooner than 71 days after application submittal date for which fee is paid (55 days after review begins), but no later than 106 days after application submittal date for which fee is paid (90 days after review begins) E. Resubmittals 1s' and 3rd Mondays of each month F. Staff review of resubmittals focused on how the applicant addressed prior staff comments; no new issues will be raised by staff unless new information /changes to proposal not requested by staff are provided by applicant G. Planning Commission public hearing no sooner than 57 days after any resubmittal H. 2nd resubmittal and beyond have a resubmittal fee I. Applicant may request no more than one deferral of the PC public hearing once their project has been advertised for public hearing J. Once Planning Commission public hearing is held and action is taken making a recommendation to the Board of Supervisors, a Board public hearing will not be scheduled until final changes to the project proposal, including final proffers, are made and submitted on a resubmittal date K. No further staff review after final submittal for Board of Supervisors public hearing; Board public hearing not advertised until after final submittal Vl. Community meetings A. Applicant sponsored and required after submittal (optional before submittal); must be held within 46 days of application submittal date for which fee is paid B. Staff attends required meeting to observe and answer process and policy questions VII. Codify basic requirements for pre -apps, applications and community meetings, but allow administrative policies to establish more detailed application expectations and review procedures THOSE ASPECTS OF THE PROCESS THAT ARE NEW ARE SHOWN IN UNDERLINED ITALICS ATTACHMENT E Legislative Review Process Changes Exploratory /Information Gathering Meetings (Optional) Follow -up Meeting with Staff (Optional) and /or Pre -app Work Session with Planning Commission (Optional) Accepted —fee paid within 5 business days and review begins ATTACHMENT B ZTA- 2012 -00006 Legislative Review Process Improvements — Amend Secs. 1.7, Official zoning map, 3.1, Definitions, 4.8.1, Determinations concerning unspecified uses, 4.15.5, Signs authorized by special use permit, 10.5.2, Where permitted by special use permit, 20.1, Intent, where permitted, 20.2, Application, 30.1.2, Application, 30.5.5, Permitted uses by right and special permit, 31.1, Designation of zoning administrator, authority, 34.4, Application for variances, 35.1, Fees; and repeal Secs. 1.9, Application for land use permit; payment of delinquent taxes, 8.5.1, Applications and documents to be submitted, 8.5.2, Preapplication conferences, 8.5.3, Review and recommendation by the planning commission, 8.5.4, Review and action by the board of supervisors; effect of approval, 8.6, Amendments to planned development districts, 20A.3, Application requirements; required documents and information, 20A.4, Application plans, 31.6, Special use permits, 31.6.1, Reserved to board of supervisors, 31.6.2, Application, 31.6.3, Conditions, 31.6.4, Revocation, 31.8, Special exceptions, and 33 (and its subsections), Amendments; and adding Secs. 33.1, Purpose and intent, 33.2, Uniform requirements for the initiation of zoning text amendments and zoning map amendments, 33.3, Uniform procedures for zoning text amendments and county- initiated zoning map amendments, 33.4, Uniform procedures for owner- initiated zoning map amendments and special use permits, 33.5, Uniform procedures for special exceptions, 33.6, Zoning text amendments and zoning map amendments; relevant factors to be considered; effect of approval, 33.7, Owner - initiated zoning map amendments; authority to accept proffers, 33.8, Special use permits; relevant factors to be considered; conditions; revocation, 33.9, Special exceptions; relevant factors to be considered; conditions; of Chapter 18, Zoning, of the Albemarle County Code. This ordinance would amend the regulations pertaining to the zoning map and its interpretation (1.7); relocate the obligation to pay delinquent taxes as a condition of applying for a land use permit but add and update that obligation (from 1.9 to 33.4 and 34.4); add definitions (3.1); update cross - references to related sections (4.8.1, 4.15.5, 10.5.2, 20.1, 20.2, 30.1.2, 30.5.5); relocate the application requirements, procedures and relevant considerations for planned developments (from 8.5.1 through 8.5.4 and 8.5.6), the neighborhood model district (from 20A.3 and 20A.4), special use permits (from 31.6.1 through 31.6.4) and special exceptions (from 31.8), to section 33 and its subsections; add express authority for the zoning administrator to administer and enforce proffers and to keep and make available a conditional zoning index (31.1), and allow application fees for zoning map amendments and special use permits to be paid when the application is determined to be complete instead of at the time the application is first submitted (35.1). In repealing the existing regulations for zoning map and zoning text amendments in Sec. 33(current 33.0 through 33.10), this ordinance would consolidate all legislative zoning actions of the board of supervisors in new subsections in Sec. 33 applicable to zoning map amendments, zoning text amendments, special use permits and special exceptions and these subsections would pertain to purpose and intent (33.1), uniform requirements for the initiation of zoning text amendments and zoning map amendments (33.2), uniform procedures for zoning text amendments and county- initiated zoning map amendments (33.3), uniform procedures for owner - initiated zoning map amendments and special use permits (33.4), uniform procedures for special exceptions (33.5), relevant factors to be considered for zoning text amendments and zoning map amendments and the effect of approval (33.6), authority to accept proffers in conjunction with owner - initiated zoning map amendments (33.7), relevant factors to be considered for special use permits and authority to impose conditions and revoke permit (33.8), and relevant factors to be considered for special exceptions and authority to impose conditions (33.9). A copy of the full text of the ordinance, and documentation pertaining to the proposed fees, are 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. (Wayne Cilimberg) Wayne Cilimberg presented a PowerPoint presentation and explained the proposal. LEGISLATIVE REVIEW August 21, 2012 PC Public Hearing "...reducing unnecessary and burdensome regulations and shortening approval times" "...streamline the process..." Clarifying the Goal ATTACHMENT B • Shorten Approval Times and Cost of Development Review • Avoid Unnecessary and Burdensome Regulations • Maintain Opportunities for Public Info / Input • Maintain Community Quality Specific Goals • Create a value -added process • Provide clear expectations • Reduce iterations of re- submittal • Get decisions made Staff Recommendations Concurred with by BOS — 9/1/10 • Codify Expectations - Application requirements should reflect the issues the Board wants routinely considered with each application. • Require Pre - application Conference — Verify the application is complete and give early notice of potential issues / concerns • Provide a Community Meeting Process — Get the neighbor's concerns on the table as early as possible • Maintain Dates for Public Hearings — Avoid indefinite deferrals that confuse neighbors and used in complaints about the time to approval Staff Follow -up After 9/1/10 • Consulted with several of Albemarle's peer counties — • Visited Fauquier and Hanover • Common Theme - • Pre - application preparation with prospective applicants • QC for application acceptance • Community awareness regarding application proposals • Drafted Recommendations - • Reviewed with BOS members June and July, 2011 • Roundtable meeting 7/19/11 • Joint BOS /PC /ARB Meeting 8/3/11 • PC Resolution of Intent 11/29/11 • PC Work Session 5/15/12 • Roundtable meeting 6/20/12 Legislative Review Process Changes t Applicant requests Planning Cnffl 11SSInn Public Hearing Roundtable Feedback E 10 days a} adceptance/re Qlns 0,11,0 mmiinit, m 1't staff MMM ants 46 days nm.%Uhmlttals (16 and 3M Mondays of each month) - I "Tree; additional paid 0tatt comments 80 days • 7/19111 Comments re: concepts - ATTACHMENT B txploratory�l of orm atlon Gathorin8 MQQVMEs (npt Ion al) Fallow -up Meeting with Staff (0ptlena1) and /er Pre -app work session with Planning Commission (Optional) PC work 5vsslon Coptlonal) • Support mandatory pre - application conference — comments should be valid until application • Community meeting "one more hurdle" — flexibility for when and how; not mandatory • Standardize staff review time for all applications (re- zonings, special use permits, site plans, subdivision plats) ATTACHMENT B Roundtable Feedback 6/20/12 Comments re: proposed ordinance — • Pre -app Forms and Meetings add work and time for applicant; need for knowledgeable staff; discretion to not require pre -app forms and meetings • Community meetings not stipulated as mandatory; concern regarding requirement, timing, how conducted, who to contact and applicant and staff the burden • Repeated deferrals limit community awareness; deferrals not desired by applicants, but can yield better projects • More flexibility in the review schedule; integrate the Architectural Review Board (ARB) • Reach out to the small business owners • Lower fees for simpler applications /reviews; lower requirements for redevelopment of sites that address County development goals • Requirement for application plans and expected content Proposed Ordinance Changes (See Staff Report Attachment B and C) • Authorizes Director to require pre - application meeting /procedures; provides for waiver • Authorizes Director to schedule community meeting as determined appropriate • Authorizes Director to establish application requirements, including supplemental information; all supplemental information only required for planned development • Establishes determination of completeness, timing of determination, payment of fees when complete, timing of re- submittal if incomplete and timing for PC & BoS decision One of the things the flowchart notes is that when an application is made the fee is not paid. That is a concept staff has been working with for quite some time. The application would be reviewed by staff and within ten days would notify the applicant as to whether not the application has been accepted or rejected. If it has met all of the requirements it would be accepted. It would be in those cases where application requirements were not met that it would be rejected. It is only at that time that the fee actually is paid by the applicant. Recommendations • Approval of ZTA- 2012 -00006 • Effective January 1, 2013 — allows development of administrative process to enact the ordinance and provide for exceptions; consult with small business applicants and engage the development community Questions /Comments? Mr. Morris invited questions for staff. Mr. Randolph noted he was concerned about the fact that the initial meeting could in any way be interpreted as a substitute for an official meeting later in the process. He asked if the exploratory information gathering meeting was the same meeting described under mandatory community meetings. ATTACHMENT B Mr. Cilimberg replied no, the exploratory information gathering is really for the applicant to come in and talk to staff in the early stages of considering a project. They may be considering a project in looking at sites and want to talk to staff about specific sites. That is a very early meeting and would not involve the community. Typically staff encourages applicants once they have settled on what they want to do with the project and the location to meet with the community. They do that today. That particular meeting would truly be more valuable after they have decided they are proceeding with the project and they have a location for that project. Mr. Randolph said that was really the basis of his concern. He wants to be clear that one meeting is not going to pre -empt in this flowchart the occurrence of a second meeting. Mr. Cilimberg said the flowchart was the concept that they developed much earlier in the process and went to the public for their comment. The flowchart indicated a community meeting that could be mandatory. The ordinance provides for the community meeting to be established by the director based on a determination that it is needed in a particular case. Therefore, he can't say that in every case they would need to have that community meeting. Someone might simply be asking for a change in a proffered set of uses or they may have an application like tonight where they might have talked to the community even before applying. The community meeting is not going to add value to the public's information. The discretion intended in the ordinance is that they would not have to require a community meeting in every case. Mr. Randolph noted that he wanted to be clear that if an application had some degree of controversy that the pre- meeting prior to application would not pre- exempt in any way the necessity of a meeting later on in the process. Ms. Monteith asked if the definition of a community meeting is the people within a certain geographic relationship or an open community meeting. Mr. Cilimberg replied that is part of what staff wants to work on in preparing to enact the ordinance, which is why they need the few months before January 1St to really define community meeting. There are a lot of different options to have people meaningful attend. They will be working on that. The notification process right now is for all abutting owners, which are the owners immediately surrounding the project. At a minimum he would think they would want in a community meeting where necessary to have those people informed and invited. Mr. Loach agreed that they need to have criteria on the threshold for those meetings particularly if at the first meeting the citizens are not satisfied. He questioned if staff has data on the percentage of deferrals to the number of applications. It seems in his experience that the number of deferrals is directly proportionate to the scope and size of the project. It seems the larger the project almost inevitably he is going to see a higher incidence of deferrals. It may be the nature of the beast. He would like to see some verbiage in that criteria where there is an advisory board set up by the board under the master plan and that the advisory committee be involved in that process. Mr. Cilimberg said that might actually be a setting for the community meeting, which has been mentioned and would be one of those things that they would want to look at. He wanted to be clear that the community meetings are not intended to rectify differences. They are intended to get all of the information on a project out for the community to understand. It is hoped if an applicant meets before applying that they will hear community concerns and try to address them as best they can. However, once an application is made it is not intended that a community meeting is going to make the applicant go back to the drawing board. That was not the intent from the beginning. Mr. Graham has done a lot of analysis on our timing and deferrals of projects and found the bigger the project they have tended to have more deferrals. Sometimes that is the nature of the project itself. The project goes through some evolution from the day the application is made to actually coming before the Commission and ultimately before the Board for approval. Mr. Cilimberg noted most recently they saw Fifth Street Avon project, which had been deferred previously ATTACHMENT B It was a different project in terms of the applicants being able to commit and lay out the things they wanted to do when it came to the Commission than it was when they originally received that application. By having more of a rigorous pre -app process where the applicants are providing information they can then review with the applicant and talk about and provide an official response to say what is needed in the application. They are hopeful resubmittals and deferrals will be reduced because more will have been addressed up front. Mr. Loach raised concern with the Planning Commission spending time trying to resolve financial proffers, which is the Board's responsibility. The Commission should discuss the main issues and then have the proffers resolved before they go to the Board. The Board could resolve the proffers. Mr. Cilimberg replied that on proffers staff has tried to really define what the substantive issues are. The nature of proffers is they are at the applicant's discretion as to how they submit those. They have some proffers that are fairly well established in terms of how they can be written to meet certain policies they have in the Comprehensive Plan. However, whether or not certain proffers are made would be the applicant's decision. What staff tries to call out is where they feel like a particular impact may not have been adequately addressed by what they got. It probably does end up being best for the Commission to decide whether or not they feel like the substance of the proffer is meeting the impact or not in making a recommendation to the Board and not try to wordsmith the language. Mr. Smith asked if the first community meeting they are talking about would strictly be at the free will of the applicant and the county has no jurisdiction or input. Mr. Cilimberg replied that was not in the flowchart and not something they showed as a part of the process. That is something staff encourages the applicants to do today on their own before they make applications. That is not a requirement anywhere. Mr. Franco made the following comments: - It would be important to add some lines about the purpose and intent of these meetings, such as the pre app and community meeting. Just from tonight's discussion they are probably coming at it from different views. Staff's point was that basically the pre -app meeting was to inform the public about the details of the project being proposed. - It is important to have the county at those meetings and as part of that purpose have the county explain to the public what is allowed and what is called for in the Comp Plan. He knew they were going to follow this up with policies, but it seems like this is a good place to make sure that purpose and intent is understood clearly. - The same thing with the pre -app meeting — there were a lot of comments in the Roundtable about wanting to get senior staff there and making it valuable. It is really important to make sure there is a commitment to making that meeting valuable. Mr. Cilimberg said that is what they want to do now. In every case they are not going to have the opportunity to have senior staff there. However, they want to make sure they have staff knowledgeable about that project's location and what it proposes. Staff wants to have a form that can be submitted by the applicants for the pre -app meetings so they can prepare and be able to respond to the applicants with better knowledge of circumstances on the property, the Comprehensive Plan recommendations, and to make the pre -apps work for the applicant and staff. Mr. Franco noted that right now they have an optional pre -app meeting. He asked if there was anything that prevents initiating some of those forms and procedures that he just talked about now and not making the pre -app meeting a requirement but trying to improve the process that they have. Mr. Cilimberg replied they can certainly have forms for pre - applications, but just can't require them to be submitted. They also can schedule pre -app meetings based on receiving the information up front. But again they cannot require that it be submitted. Mr. Franco said he was not asking that it be required. He was saying if they had the forms and improved ATTACHMENT B the process along the lines he was talking about would they even have to change the Code to make it mandatory. He asked if the applicant would see the value in it and start using it. Mr. Cilimberg replied that he could not answer that for the applicant. This is going to be somewhat of an administrative call based on the nature of the project. There are some projects where before an application is made they really need to be able to advise the applicant on what needs to be submitted. Staff needs to know something about the project's details so they can provide comment to the applicant out of a pre app meeting so they will submit that information needed. Part of what is included here is the idea that these submittal requirements would be set out of the pre app meeting. Mr. Franco noted that he was not sure how that works. If they look at the Fifth Street project that came before the Commission a couple of weeks ago there was a lot of controversy. There was a lot of back and forth between the applicant and staff about what was required and if there was enough information. They heard it particularly on critical slopes and some of the other items. He asked how this is going to improve it. He assumed staff had given information to the applicant before saying they wanted more definition on the project and the applicant simply said they were not able to provide that at this point in time. He was not sure how the extra steps are improving the process. Mr. Cilimberg noted what they want to try to define for the applicant is the things that need to be submitted. There are also things that are at the applicant's choice. As an example, he knows for that particular project there are special use permits that are going to be necessary. Staff cannot require that they submit the special use permit under anything that is proposed here. They can mention that out of the pre app meeting. However, staff can ask that the applicant submit information that is relevant to the application they are making. That really is what it is trying to hone in on. It is those things that are necessary for the application they are making. Mr. Franco noted that he was not sure how that helped because he heard staff say on critical slopes that they just did not have enough information to make that judgment. Mr. Cilimberg said they would not accept a critical slopes application if it did not have that information. So the request would not be before the Commission. Ms. Monteith said as a follow up to that she would say that in the time she has been serving on the Commission the issues that they have gotten really tangled up on are the ones that require inner agency activity where maybe it is not all in the purview of the county. For instance it may include DEQ, VDOT or Service Authority interaction and they get a little bit confused about exactly who they should be listening to when they don't know who the ultimate authority is in a case. So she did not have a specific suggestion on this. However, what she is suggesting is that be thought about and there is something in this chart that reflects what should happen in that kind of situation. Mr. Cilimberg noted the concept at least is that as an applicant is pulling the project together and anticipating making application for the pre app meeting that they will get the basic information that is necessary to determine not only what kinds of submittal requirements may be necessary, but also who is going to need to be part of that review and even participate in the pre app meeting. There are going to be some unusual circumstances in any case. They don't have projects that repeatedly come in proposed to build on a piece of land that has environmental issues. That will not always be the case. However, there will be some cases where they will see based on that location that they should be consulting and trying to include in the pre app discussion the agency that might have a responsibility for that plan. Ms. Monteith agreed that these are always exceptions and she was just trying to allow for the exceptions. Mr. Cilimberg pointed out in response to Mr. Franco's comment, as an example, that until there has actually been an application staff accepts made for a critical slopes waiver that would not be before the Commission to make a decision on. Mr. Franco said that he was trying to understand the process when there are disagreements on the level of information that is required to review the plan. In his experience that is what creates a lot of the ATTACHMENT B deferrals versus other things. Either the applicant is trying to gather more information or they are in disagreement with staff on what is required. He was not sure if knowing that sooner helps. He thinks getting resolution to that sooner helps. Mr. Cilimberg said that is what pre app meetings are intended to do. It is to identify those things and say they will be needed and must be submitted. That is part of what they would look at when the submittal is made in accepting the application to move forward. Mr. Franco said it would be assuming it is one of the items that it is something that the applicant says they don't need or it is not required by the ordinance how does that work. Mr. Cilimberg replied if it is not required by the ordinance they can't ask for it. Mr. Dotson said he had several things concerning public input. Other Commissioners have had that concern. There were some other items that needed to be cleaned up with a little bit of housekeeping. In terms of community meetings attachment B describes some of the things that would be in written guidelines that would be established in the future. It includes the following: In which applications should have community meetings - He would restate that to say they should have community meetings waived if they are saying there shall be community meetings. It says the Planning Director shall establish written guidelines. Will those come before the Commission and would they have an opportunity to have input on those. Would that be by the January 15t effective date of the ZTA. Mr. Cilimberg said if the Commission wants review of the guidelines in what they are setting up they would bring those to them. Mr. Morris noted that it would be very helpful. Mr. Dotson noted the second thing on public notice was the posting of signs on property that is going to be rezoned. He thinks that is a very effective way of notifying people. What they are saying is 15 days before the public hearing. He suggested why not 15 days after the completed application is filed. That would give the public more time to get information. Mr. Cilimberg said the minimum they have to provide for now is 15 days. However, they do post public notice signs earlier now. However, it is not codified to be that. Mr. Kamptner noted the posting of signs is something the county does in addition to what is required by state law. State law does not require the signs be posted. Fifteen days is the deadline that the county imposed on itself when they first started doing sign posting. Zoning actually gets the signs up well in advance. Mr. Cilimberg noted what was being suggested is the possibility of having a much earlier posting in the ordinance. Mr. Dotson suggested that it be some specific number after the completed application is filed so there is more time or more opportunity for exchange of information. In the flowchart and narrative it says about pre app meetings that these are intended to be required. Attachment D, page 86 says required prior to application submittal whether or not an exploratory meeting has been held. If that is the intent he did not what the draft ordinance language says. He has the same concern where they say our intent on community meetings is that applicant sponsored and required meetings after submittal. Again, he did not think the language says that. The language he reads says the director of planning is authorized to require. That puts the burden on the director to say they need one rather than one is required and the director is authorized to waive it. They do a lot of waivers here. It seems that it is required, but the director is authorized to waive it. On community meetings when they develop those guidelines they would address under which circumstances they would waive it. He thought that was kind of a housekeeping inconsistency between what is stated as intent and what the language of the ordinance ATTACHMENT B could accomplish depending on how one read it Mr. Randolph noted on page 3 under small projects and businesses it is stated in non -bold bring that opinion was expressed that small business owners need a consultant to make it through the process. He was assuming they may hear from Ms. Long or Mr. Williamson about that point this evening. He hopes so. However, he did have a question that it is stated in here with some assurance that the staff will meet with small business applicants who are going through the process in the last year to provide input on their process experiences and recommendations. It should be noted that the Community Development Office and the Office of Community and Business Partnerships are also prepared to provide special assistance. Given the limitations already on staff time and resources how much time is the staff really prepared to provide and how effective from a small business standpoint especially will that support be to meeting these objectives. Mr. Cilimberg replied he believed on the latter first that they are working with the other office mentioned to actually begin a test program of assistance assigning one of our staff to a project for more direct assistance with a small business when they come in for an application. That is not going to be initially for every application. That is really a test that they want to start having. The question of how they are engaging small businesses they actually before they complete the guidelines and process that he mentioned earlier, which the Commission said they would like staff to bring to them, they actually want to have a roundtable with the small businesses that have applied and get their input on what were some of the stumbling blocks for them. What were some of the things that they may have been able to do better as they actually develop the guidelines? They don't want to put it in the County Code because if they change a little bit they have to amend the whole zoning text. Instead they would want to hear one on one from them about those experiences and be able to reflect improvements in how they assist applicants. Different cases may need different assistance. Some persons, such as churches, are not going through our process on a regular basis. That was the intent there. Mr. Smith did not think that a pre app meeting should be required for everyone. Mr. Cilimberg noted that staff feels that there will be some cases where they should not require them due to the nature of the application. That is why they would want to have the waiver provision. In the pre app process they want to identify if a traffic study is needed. Mr. Franco said that he believed in the pre app meeting, but felt it can be improved under its current form without making it mandatory. He suggested that they improve what they have now that is optional because he felt they would find that more people would use it if it is more beneficial. He uses the pre app meeting not only for his benefit but to educate the staff on what is coming in so they are better prepared to receive it and make comments back during that period of time. Mr. Morris said what he sees in this entire process is moving towards ensuring that they get a completed application before the applicant actually moves forward. In talking with zoning inspectors the things that they just beat themselves up about are projects that have to be halted and corrected because of incomplete applications. It seems that it is moving towards ensuring that they have a completed application before they move forward. Mr. Cilimberg agreed that it is certainly the intent. In fact, that is why they felt the pre app process was so important for many of the applications so that after the pre app meeting staff could say this is what they need to submit. Mr. Loach said he hoped in the future they could go back to the community planner where each community knew who their planner would be. It worked very well in Crozet since that planner knew the community's reaction on the project and worked closely with the community and advisory committee on the educational process for the community. He would hope there would be a role for the work session in this process since it is a valuable one. Mr. Kamptner noted that work sessions are recognized as part of the process. ATTACHMENT B Mr. Cilimberg pointed out it was in Section 33.3.b on page 21. Ms. Monteith noted that it was also on the chart. Mr. Lafferty agreed that the process should be mandatory at the discretion of the director. It can take cases of where people come in with a good knowledge of what is required. Then they can waive the mandatory meeting. He liked Mr. Dotson's idea after January 1St, assuming this goes through, to have some types of workshops or seminars to let the community know since staff has all this time available to them, then they can go ahead and make that recommendation. Mr. Morris opened the public hearing and invited public comment. Charlie Armstrong, resident of Baymont Court, generally applauds the Commission's efforts to continue trying to make this process more streamlined. There have been a lot of concerns from applicants that it may not streamline as much as it hoped to. There are added steps that detract from the benefits that could be had by removing other steps. Hopefully, this Commission and staff continue to improve the draft ordinance before it goes to the Board and can keep an eye to that. There is one specific concern with language he wants to bring to their attention, which he hopes he is interpreting incorrectly. On page 4 of attachment C of the draft ordinance, there is a new definition for density permitted by right that is a new term. He is no lawyer, but the way he reads this is that density permitted by right would be affected essentially by what is called the developable area of the property in question at which would have a particularly negative impact on development area projects. Dunlora Forest, which was just passed on tonight's consent agenda, they did a brief analysis on what this definition as he and others in the development community have interpreted it by reading it would have lost 30 percent of its by -right density if that definition changes the density regulation as they read it. Specifically the words "upon complying with the applicable regulations pertaining to critical slopes" to him means that they have to take those areas out of the area calculations. If he is interpreting that incorrectly at least it would be good to get something on the record now asking for an interpretation of it. Valerie Long, attorney, echoed the comment from Charlie Armstrong. She shares his concerns precisely for the same exact reasons and she interprets it exactly the way he does. She thinks that could have a very detrimental impact on proposed projects both in the development areas and the rural areas. It would be a dramatic changing of the rules that at a minimum requires far greater discussion and community engagement if that is the direction they are going. Generally as stated last time this was considered they obviously applaud the efforts of the staff to hold the Roundtable discussions and provide an opportunity for input from the development community and honor the intentions that this zoning text amendment goals serves to achieve. However, she wanted to express the same concerns about the process changes. Mr. Franco articulated very well that really the place to start rather than requiring things to be mandatory was to start with trying to fix the process. She uses the pre - application process regularly, but she would not say that it is working well at all. She knows how it works because this is what she does. There is nowhere on the web site that she was aware of where someone who does not do this regularly can go and understand the process. One suggestion she had last time would be to put together a simple one or two page flyer saying here is how our process works. The City has a flyer that is pretty simple, which she still goes back and refers to as a reminder sometimes in the city. That would be an important step. First thing they say we highly recommend you have a pre - application conference. Here is when they are scheduled. There is nowhere on the County's website that lists where pre - application meetings are scheduled. She knows that the meetings are Monday afternoons, but she did not know that the folks she works with otherwise know that. The process could be much better. It is unclear who you call actually to schedule a pre - application meeting. She calls different people depending on the project. She is concerned with the laundry list of things the applicant is required to bring to a pre - application meeting. It looks a lot like an application itself to have to bring all of the things to the ATTACHMENT B pre -app meeting when the goal is to try to learn early on about what is going to be needed. It will require a lot more work on the front end. The whole point is to shift some of this analysis to the front end so they can ideally have fewer delays on the back end. That is an honorable goal. However, it requires so much more leg work on the front end before they even have a clue what the reaction from the staff is going to be. Her concern is getting trapped in adding new procedures that are well intentioned that end up back firing usually on the development community at the end of the day. Her suggestion would be to try to improve the pre - application process infrastructure first; make sure there are forms on the website that are available that the public can find; and that the guidance is there. If they are going to require a community meeting make sure that the staff is prepared to help facilitate those community meetings. Sometimes depending on the area it is easy to identify a homeowner association point of contact. However, sometimes it is nearly impossible. Sometimes there is none. Sometimes she struggles with who she reaches out to host a community meeting and has had to write letters to 100 people. She has never had the staff be able to help advise her on who to reach out to. So her concern is they are requiring this significant change, but there is not really the infrastructure in place in terms of points of contact and how they reach out. As a point of comparison, in the City they like neighborhood meetings; too, the City has a site on their website that lists the point of contact for every one of their neighborhoods. So they know where to go and it is a little bit easier. The website is not always up to date, but at least it is there. That is what she meant by infrastructure. She has a number of other comments if anyone is interested. She would be happy to send the comments in writing. There are a number of other substantive changes here that she has a lot of concerns with that have not been discussed. Mr. Morris pointed out the Commission would love to see the additional comments in writing Neil Williamson, with the Free Enterprise Forum, said first and foremost he believed that Mr. Cilimberg cited that there were a lot of good things that are in the procedures and policies. Currently according to the staff report the ARB staff reviews Entrance Corridor proposals. He sees no reason to put that into Code. Right now it is working and it is working fine so leave that be and pull it out of this ordinance. Second, with all due respect to the Commission and staff he was concerned a little bit that they are turning the tables on the very folks that are paying the fees and putting forth the applications blaming the victim. A property owner came in with a bridge proposal last week and David Wyant was presenting for him. He had someone walk him through the process instructing him which way to go. He remembers a few years back a rural area church came in to put a shed in their back yard. He thought it took three years because they were a nonconforming use for a 150 year old church to have the ability to put a shed in their back yard. He asked if that special use permit because it had to come up to date required a community meeting. He was worried that they were not focusing on what he thought the real problem is. He thinks Mr. Lafferty has said again and again there are some issues with staffing and whether or not staff has the resources to appropriately push through these things. If they don't, they need to hear that. That needs to come from this Commission coming forward. If this is part of the Board of Supervisor's economic vitality plan to move things forward and to make sure the community is engaged perhaps they need to dedicate resources to it. Is there a lack of resources or are resources not being applied efficiently. He thinks there is more to this than simply blaming the victim saying they are not bringing in enough with their application. Only in government can they add additional time to a process and call it streamlining. There being no further public comment, Mr. Morris closed the public hearing to bring the matter before the Planning Commission for discussion and action. Mr. Dotson requested to hear comments from legal staff regarding the gross density and density permitted by right comment just to understand it. Mr. Cilimberg said it might be better if he first answers it because he had to interpret it when Mr. Kamptner wrote it. He would first answer it and then Mr. Kamptner can chime in. This is not at all being ATTACHMENT B critical because actually he thought it was a very effective way to deal with some questions that arise out of the State Code. The way it is written in the ordinance is to determine the number of units that can be achieved on a piece of property based on its true gross density. In other words, if it is a R -4 property of 10 acres it gets 40 units. That is the starting point. The units they can effectively develop is ultimately not based on what their gross density is but how many units they can put on the property once they take out critical slopes unless they can get a waiver, take out floodplain unless they get a special use permit, and that type of thing.. However, if they can put all 40 units in the area that remains after those areas are taken away they get the 40 units. It is not changing. That is actually the way it has always worked and the way it works today and will continue. This just defines basically how the process works. It is differentiating between where they start and where they finish as he sees it. That is the practical explanation of what he read. Mr. Kamptner said Mr. Cilimberg had explained it very well. What he was trying to do was address a couple of issues that stem from an unpublished Supreme Court decision that came out about three months ago. In the development of the Town of Occoquan, where about a quarter of the property of a proposed residential development was on critical slopes, the town required a critical slopes waiver for the development to extend into the critical slopes. The developer did not want to pursue the critical slopes waiver. There is a section in the Virginia Code that says that for residential developments localities cannot require any special use permits in order to obtain the density allowed by right. Therefore, the court said that the applicant was not required to obtain the critical slopes waiver in that case because of that particular statute. They had that case which caught a number of localities by surprise because the particular type of special use permit that is not allowed by this statute is one that pertains to use, height of buildings and a couple of other provisions. The court characterized the critical slopes waiver as a use permit and not as an area permit or anything else. So they greatly expanded what a use means, which means in any of our residential developments right now if their area is 80 percent critical slopes but they are zoned R -4 and are 10 acres they are entitled to 40 development lots. That is a problem. Our zoning ordinance does not create density permitted by right. It establishes a gross density. Each conventional zoning district has a set gross density. The definition that they came up with is trying to capture what that means. It is the theoretical density that you could get without conforming to setbacks. The prohibition for critical slopes in Albemarle County you have to get the special exception in order to disturb the critical slopes. All of the other regulations that come into play as to what your actual density will ultimately be. So they added the two definitions to clarify what gross density is. It is the existing standard in all of our zoning districts, but also to address the Town of Occoquan case. That is the density permitted by right because that is what the statute says that prohibited special use permits in these cases The Planning Commission noted there were a lot of questions. They voiced concern with their difficulty in understanding the proposed definitions and other legal verbiage along with the other points of contention expressed by Ms. Long. If they are talking about things at this level the Commission did not have the knowledge to make this decision at this point. The question was about making sure two new definitions cited tonight are allowing what they are saying they are allowed. Mr. Morris said he would like to see the results of the small business roundtable along with answers to some of the questions raised. Mr. Cilimberg acknowledged that he heard the Commission wanted to see the results of the small business roundtable and had a question about how the two new definitions work that were cited tonight and making sure that they allowing what they say they allow. He asked what else they wanted so staff could make sure it was worked on. Mr. Lafferty said he would like to see whatever was on Ms. Long's list addressed before they go forward. ATTACHMENT B Mr. Cilimberg noted that staff had not seen the list. He questioned if he meant by addressed in other words a response to what she is proposing or the ordinance changed to. Mr. Morris invited Ms. Long to come forward and address Mr. Lafferty's question. Ms. Long pointed out the following additional concerns for the Commission's consideration: 1. Section 33.4 is a repeat comment from the last time she was here. There is a new section that says that even with special use permits or rezoning that are not in a planned district, such as HC or R4, that there is now discretion to require the applicant to submit a laundry list of so called supplemental materials, which does include an application plan. Right now under a special use permit or a non planned district rezoning one is not required to submit an application plan. That is a change. In some cases she could appreciate why that is a reasonable thing and most of the time applicants bring something like an application plan together with all rezonings and with many special use permits. But this is a big change to go from saying they are not required to saying we can require them. That has not been mentioned in any of the staff reports as part of this proposal. That is a change she would deal with quite a bit. 2. Another is the authority to require a work session. As someone mentioned work sessions can be an extremely helpful tool. She uses them often. However, that is a change to require a work session. How does that affect the timing for when the Planning Commission public hearing would be held? Does that string out the timeline? What if they are in a disagreement with the staff and staff thinks you need a work session. What if you ask to go to the Planning Commission because they will support their request because they don't have time to wait for a work session? A work session will easily add two to four months to the process. Those are the kinds of things that need to be talked about more at a minimum in a staff report and discussed. 3. Time frame — It talks about the review on a project does not really start until the 16th day after it is submitted. She did not have a chance to process how the deadlines are working. It looks like it is adding even more time to the review process than was originally discussed. She was not sure why they were phrased that way. Mr. Franco suggested putting some language in the Code describing the purpose of the pre app and community meetings is important and some language about who might be required to attend the pre -app from the county's perspective. The Planning Commission took a straw pull to see if they wanted to support a recommendation to go back to drawing board and then bring it back as soon as possible. The Commission supported giving staff direction tonight to respond to the questions raised tonight and hold the small business roundtable and then bring it back to the Commission. The Planning Commission supported the continuance of the public hearing to a date certain so the public can provide additional input and staff can respond to the questions raised. Ms. Monteith noted that everything in the report is not in the chart. In the chart work sessions are optional. She thinks the process constructed is a good one and makes a lot of sense. What they are trying to do is to have applications more complete and have everybody more informed in the process. She did not see any large problems with what was being proposed. It could be improved with some refinement. However, applications always get refined before they go to the Board. Mr. Cilimberg noted a couple of things, as follows: - The work session is not a requirement of the ordinance. The language says the director can schedule work sessions. It is always treated with the applicant's agreement. If staff needs to massage that language, they certainly can. - It was mentioned about the 16 day start up. They have not changed anything in the clock of how they review today. They start the review 16 days after the application is made. The actual first comments go to the applicant 46 days after the application is made. That is to keep them on a 90 day schedule for their action. None of that is changing, but was noted. - The fundamental questions staff needs the Commission's direction on are whether or not they feel pre apps should be mandatory with the ability that they be waived. Whether they feel ATTACHMENT B community meetings are mandatory with the ability to be waived. What he has heard tonight from the public is against that. That is the fundamental changes in the ordinance. Staff wants the proposed ordinance to reflect what the Planning Commission wants when it is sent on to the Board. Mr. Lafferty felt the pre app meeting should be mandatory with the discretion to waive it or in other words waive it with knowledgeable applicants. The traffic study is an example of something that needs to be identified earlier in the process. Mr. Randolph suggested that the staff report address the issues discussed. Motion: Mr. Franco moved and Mr. Randolph seconded to defer ZTA- 2012 -00006 Legislative Review Process Improvements to October 23, 2012 to continue the public hearing so staff can address the concerns heard from the Commission and the public. The motion passed by a vote of 7:0 Mr. Cilimberg said he appreciated input from the Commission and public. Staff will focus on further defining and describing the pre app meeting and the community meeting and work with the definitions on density to make sure they are clear. They will talk about what kind of supporting mechanisms the county needs to develop to make sure the public and the applicants are able to understand the pre app process. They will have the small business roundtable meeting. They will make sure they are not applying the work session as a requirement established by the planning director. Also, to include what Mr. Randolph mentioned which is to give them why they are doing a couple of these big changes. Mr. Franco added that they were going to get clarification on whether the intent was to extend the need for the application plan to R -4 and others - not PUD zonings. That was one of Ms. Long's points. Mr. Cilimberg said the application plan is not a requirement in those districts. It could be an application plan or a concept plan, something less than a full blown application plan, could in the pre app process be requested information for the application that gets made. It is not a requirement for every case. Mr. Franco said this does not make it a requirement. Mr. Kamptner said the regulations require the application plan only for planned developments. The alternative type of plan that might be required as determined by the director is called a plan of development. Staff will further clarify that because they want people to be comfortable that application plans will only be required for PUD's. Mr. Cilimberg said it would not be a requirement in each case, but there would be some big conventional rezonings where staff may say they need to have that as part of an application. The Commission can decide whether that is something they feel is appropriate to do or not. That is the way the ordinance has been intended to establish that requirement. Mr. Franco noted one of the comments they have heard consistently through here has been ARB involvement. Again, just sort of the same way they address some of the items of the Roundtable just addressing what the benefits are of bringing the ARB. Mr. Cilimberg said he was hearing that the comment was not to include ARB in the ordinance that the level of input now being provided by the staff was fine and they did not need to put them in the ordinance as a participant in the legislative process. He thought that was what he was hearing. Actually he did not believe they have listed the ARB. Mr. Kamptner said the ARB's role in this ordinance is minimal. They are referenced a couple of times there for both the county initiated and the owner initiated zoning map amendments. Applications can be referred to the ARB for work sessions. There is one other reference in this ordinance to the ARB. Their ATTACHMENT B role for the legislative process remains defined under the ARB regulations. Mr. Franco said he was not looking to debate it, but just wanted to understand a little bit better. Mr. Cilimberg said he thought what he mentioned about including the participants in the pre app process, the ARB staff would be one of those participants. In summary, the Planning Commission deferred ZTA- 2012 -00006 Legislative Review Process to October 23, 2012 to continue the public hearing with direction to staff to come back with revisions to the staff report to address and respond to the comments raised by the public and Commissioners, as follows: Define purpose and intent for and further describe the pre app meeting and the community meeting; Work with the definitions on density to make sure they do not change what we currently allow; Address what kind of supporting mechanisms the county needs to develop to make sure the public and the applicants are able to understand the pre app process; Further address the numbers of days before the PC meeting that signs are posted. Elaborate on the role of the work session. Hold small business roundtable meeting; Further clarify the intent to make application plans a requirement only for PUDs and further clarify the requirements for plans of development; Elaborate on the role of the ARB in the process. Staff asked the Commission to hold onto tonight's staff report for the next meeting.