HomeMy WebLinkAboutZTA201500006 Staff Report 2015-07-08FINAL ACTIONS
Planning Commission Meeting of June 2, 2015
AGENDA ITEM /ACTION
FOLLOW -UP ACTION
1. Call to Order.
Meeting was called to order at 6:00
p.m. by the Chair, Cal Morris.
PC members present were Mr.
Morris, Mr. Dotson, Mr. Randolph,
Mr. Loach, Ms. Firehock, Mr. Keller
and Mr. Lafferty. Ms. Monteith was
absent.
Staff present was Bill Fritz, Sarah
Baldwin, Amelia McCulley, Wayne
Cilimberg, Sharon Taylor, and Greg
Kamptner.
2. Other Matters Not on the Agenda
Clerk:
from the Public
No action required
None
3. Committee Reports
The following was noted by Commission
members:
Mr. Randolph reported the following:
The Rivanna Community Advisory
Council met and elected their
leadership.
The Solid Waste Committee will hold
its second Open House on Thursday
June 4t"
Mr. Firehock reported the following:
The Water Resources Advisory
Committee met and will hold an Open
House on Wednesday, June 24 at
6:30 p.m. at the COB regarding
funding options to meet regulatory
requirements. She noted there is
also a survey on line for those who
can't attend the meeting.
Mr. Loach reported the following:
The Crozet Advisory Committee held
a town hall meeting in conjunction
with the Crozet Community
Association regarding development
of the former Barnes Lumber
property. Another meeting will be
held in June.
There being no other committee reports,
the meeting moved to the next item.
4. Consent Agenda
Clerk:
Adopted Resolution of Intent for ZTA -2015-
ZTA- 2015 -000X Amend the Zoning
OOOX Farm Distilleries, Farm Breweries and
Ordinance to address Farm
Farm Wineries as shown in Attachment 1.
Distilleries, Farm Breweries and
Staff to assign project number and schedule
Farm Wineries — ROI (Mandy Burbage)
public hearing.
APPROVED CONSENT AGENDA by a
vote of 7:0.
5a. Public Hearing Item
Clerk:
Action Letter — Recommend Approval as
ZTA 2015 -00003 BZA/Variances — The
noted in the actions
Planning Commission will hold a public
The matter will go before the Board of
hearing to receive comments on its
Supervisors on a date to be determined.
intent to recommend adoption of an
ordinance amending Secs. 18 -3.1,
Definitions, 18 -31.2, Building permit
applications, 18- 32.3.5, Variations and
exceptions, 18- 32.4.2.8, Effect of
approval of initial site plan on other
future and pending approvals, 18-
32.5.2, Contents of an initial site plan,
18- 32.5.4, Groundwater assessment
information, 18- 32.6.4, Dam break
inundation zones; engineering study
and mapping information, 18- 32.7.4.1,
Erosion and sediment control,
stormwater management, and other
water regulations; water pollution; soil
characteristics, 18- 32.7.4.2 Easements
for facilities for stormwater management
facilities and drainage control, 18 -34.1,
Board of zoning appeals; appointment
and organization, 18 -34.2, Powers and
duties of the board of zoning appeals,
18 -34.3, Appeal to the board of zoning
appeals, 18 -34.4, Application for
variances, 18- 34A.1, Architectural
review board; appointment and
organization, 18- 34A.2, Powers and
duties of the architectural review board,
18 -36.1, Violations, 18 -36.2,
Enforcement, 18 -36.3, Civil penalties,
18 -36.5, Injunctive relief and other
remedies; repealing Secs. 18 -31.7,
Review of public features to determine
substantial accord with the
comprehensive plan, 18 -34.5,
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Final Planning Commission Action Memo June 2, 2015
Procedure, 18 -34.6, Decision of board
of zoning appeals; and adding Secs. 18-
32.4.2.9, Approval of early or mass
grading prior to initial site plan approval,
18- 32.4.3.9, Duty to comply, 18 -34.5,
Special use permits, 18 -34.6,
Interpreting a district map, and 18-
34A.3, Design guidelines, to Chapter
18, Zoning, of the Albemarle County
Code. This ordinance would amend the
definition of "variance," (18 -3.1), clarify
the scope of review for building permits
in the neighborhood model district
(NMD) (18- 31.2), repeal review of
proposed public facilities as being in
substantial accord with the
comprehensive plan (18- 31.7), clarify
the matters that may be varied or
excepted (18- 32.3.5), amend 18-
32.4.2.8 and 18- 32.7.4.1) and add (18-
32.4.2.9) regulations that are consistent
with regulations in Chapter 17 pertaining
to early or mass grading, require
additional information on site plans
within the NMD (18- 32.5.2), add an
express duty to comply with an
approved site plan by maintaining a site
as it was approved (18- 32.4.3.9),
update cross - references to State and
County regulations (18- 32.5.4, 18-
32.6.4, 18- 32.7.4.2), reorganize and
update the regulations pertaining to the
establishment and powers of the board
of zoning appeals (BZA) and the
standards and procedures for the
matters considered by the BZA (18 -34.1
through 18- 34.6), reorganize and
update the regulations pertaining to the
establishment and powers of the
architectural review board and the
procedure for adopting design
guidelines (18 -34A.1 through 18- 34A.3),
amend the scope of matters that are a
violation of the chapter (18- 36.1),
amend the information to be included in
a notice of violation (18- 36.2), prohibit
imposition of civil penalties while a
violation is appealed to the BZA (18-
36.3), and expressly identify the board
of supervisors as authorized to seek
injunctive relief in an enforcement
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Final Planning Commission Action Memo June 2, 2015
proceeding (18- 36.5). A copy of the full
text of the ordinance is 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. (Amelia
McCulley)
RECOMMEND APPROVAL OF ZTA -
2015- 00003, by a vote of 7:0, as
recommended by staff and shown in
Attachment B of the staff report.
5b. ZTA 2015 -00007 Wireless — Public
Clerk:
notice. The Planning Commission will
Action Letter — Recommend Denial as noted
hold a public hearing to receive
in the actions (See Attachment 2).
comments on its intent to recommend
Action Letter — Second Recommendation for
adoption of an ordinance that would
further analysis and consideration as outlined
amend Sec. 18- 5.1.40, Personal
in Attachment 2. (See Minutes for Details)
wireless service facilities; collocation,
The matter will go before the Board of
replacement, and removal of
Supervisors on a July 81h
transmission equipment, of Chapter 18,
Zoning, of the Albemarle County Code.
This ordinance would amend Sec. 18-
5.1.40 by requiring written notice to
landowners of all parcels within 1/8 mile
of a proposed Tier I or Tier II facility, or
an Exempt Collocation. Currently,
written notice is provided to abutting
landowners for Tier I facilities requiring
a special exception and Tier 11 facilities.
A copy of the full text of the ordinance is
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. (Bill Fritz)
RECOMMEND DENIAL OF ZTA -2015-
00007, by a vote of 7:0.
RECOMMEND, by a vote of 7:0, that an
alternative method of providing notice
for all types of projects be studied that
could utilize GIS, County View or some
other type of development tracking
software (See Attachment 2). (See
Minutes for Details)
5c. ZTA 2015 -00006 Wireless — Antenna
Clerk:
size and mounting standards. The
Action Letter — Recommend Approval as
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Final Planning Commission Action Memo June 2, 2015
Planning Commission will hold a public
noted in the actions (See Attachment 3).
hearing to receive comments on its
Staff to draft Resolution of Intent regarding
intent to recommend adoption of an
additional request as outlined in Attachment 3
ordinance that would amend Sec. 18-
to bring back to Planning Commission on
5.1.40, Personal wireless service
June 16tH
facilities; collocation, replacement, and
The matter will go before the Board of
removal of transmission equipment, of
Supervisors on July 8t"
Chapter 18, Zoning, of the Albemarle
County Code. This ordinance would
amend Sec. 18- 5.1.40 by increasing the
maximum antenna size allowed from
1152 to 1400 square inches, and by
increasing the maximum distance an
antenna may project from the structure
to which it is attached from 12 inches,
measured from the face of the antenna,
to 12 inches for the closest point and 18
inches for the farthest point, measured
from the back of the antenna. A copy of
the full text of the ordinance is 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. (Bill Fritz)
RECOMMEND APPROVAL OF ZTA-
2015- 00006, by a vote of 7:0, with the
ordinance language as recommended
by staff.
REQUEST, by consensus, that staff
draft a resolution of intent for
consideration of additional changes as
requested by Verizon Wireless to reflect
input provided by the Planning
Commission (See Attachment 3). (See
minutes for details.)
The Planning Commission recessed
at 7:29 p.m. and the meeting
reconvened at 7:35 p.m.
5d. ZTA 2015 -00008 Wireless —
Clerk:
Replacement of wooden pole with
Action Letter — Recommend Denial as noted
metal pole. The Planning Commission
in the actions (See Attachment 4).
will hold a public hearing to receive
The matter will go before the Board of
comments on its intent to recommend
Supervisors on July 8t"
adoption of an ordinance that would
amend Sec. 18- 5.1.40, Personal
wireless service facilities; collocation,
replacement, and removal of
transmission equipment, of Chapter 18,
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Final Planning Commission Action Memo June 2, 2015
Zoning, of the Albemarle County Code.
This ordinance would amend Sec. 18-
5.1.40 by requiring a special exception
to replace a wooden monopole with a
metal monopole if the monopole is
located closer in distance than its height
to any lot line and the document
authorized by Sec. 18- 5.1.40(c)(3) does
not exist. Currently, such a replacement
is allowed by right. A copy of the full text
of the ordinance is 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. (Bill Fritz)
RECOMMEND DENIAL OF ZTA -2015-
00008, by a vote of 5:2, (Morris, Loach
nay) for reasons as outlined in
Attachment 4.
6. Old Business
Secretary:
None
None
7. New Business
Secretary:
Mr. Morris, by vote of 7:0, chosen as
Staff to update Committee List.
Planning Commission liaison to
Natural Heritage Committee
Request by Ms. Firehock to
establish work group with Mr. Keller
to work on Dark Skies Policy in
response to Phil Inanna's email on
implementation. Staff suggested
bringing this proposal up at the July
8 joint Board /PC work session.
NO PLANNING COMMISSION
MEETING ON June 9, 2015.
THE NEXT PLANNING
COMMISSION MEETING WILL BE
HELD ON TUESDAY, JUNE 16,
2015.
8. Adjourn to June 16, 2015 Albemarle
County Planning Commission meeting,
6:00 p.m., Auditorium, Second Floor,
County Office Building, 401 McIntire
Road, Charlottesville, Virginia.
The meeting was adjourned at 8:30
p.m.
Attachment 1 - ZTA 2015 -000X Farm Distilleries, Farm Breweries and Farm Wineries -
Adopted Resolution of Intent
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Final Planning Commission Action Memo June 2, 2015
Attachment 2 - ZTA- 2015 -7 Wireless — Public notice — Planning Commission Recommendation
Attachment 3 - ZTA- 2015 -6 Wireless — Antenna size and mounting standards — Planning
Commission Recommendation
Attachment 4 - ZTA- 2015 -8 Wireless — Replacement of wooden pole with metal pole —
Planning Commission Recommendation
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Final Planning Commission Action Memo June 2, 2015
ATTACHMENT 1
ZTA 2015 -000X Farm Distilleries, Farm Breweries and Farm Wineries —
RESOLUTION OF INTENT
WHEREAS, the Albemarle County Zoning Ordinance authorizes farm wineries and farm
breweries to hold various events and activities related to the farm winery and farm brewery; and
WHEREAS, effective July 1, 2015, Virginia Code §§ 15.2- 2288.3:2 will require localities
to permit and regulate limited distilleries (to be referred to as "farm distilleries" in the Zoning
Ordinance) in material respects the same way that farm wineries and farm breweries are
permitted and regulated, and the Planning Commission previously adopted a resolution of intent
to amend the Zoning Ordinance to implement Virginia Code § 15.2- 2288.3:2; and
WHEREAS, the cumulative impacts generated by farm wineries, farm breweries, and
farm distilleries, including traffic on rural roads, parking, and water consumption, particularly
when the events or activities are held on small parcels in the agricultural zoning districts, should
be further studied; and
WHEREAS, it is desired to amend the Albemarle County Zoning Ordinance if such study
identifies any substantial impacts on the health, safety, or general welfare of the public arising
from traffic, parking, water consumption, or any other identified adverse impacts.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good zoning practices, the Planning Commission hereby
adopts a resolution of intent to amend Albemarle County Code §§ 18 -3.1, 18- 5.1.25, 18- 5.1.57,
and any other appropriate sections of the Albemarle County Zoning Ordinance to achieve the
purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public
hearing on the zoning text amendment proposed by this resolution of intent, and make its
recommendation to the Board of Supervisors, at the earliest possible date.
_$_
Final Planning Commission Action Memo June 2, 2015
ATTACHMENT 2
ZTA 2015 -7 Wireless — Public Notice — Planning Commission Recommendation
RECOMMEND DENIAL OF ZTA- 2015 - 00007, by a vote of 7:0, of the recommended ordinance
language.
RECOMMEND, by a vote of 7:0, that an alternative method of providing notice for all types of
projects be studied that could utilize GIS, County View or some other type of development
tracking software.
In summary, the Planning Commission recommended a comprehensive analysis be done
of ways to increase opportunities for citizen involvement in all types of building and
development activity within the County. The Commission discussed timing of notices,
posting of building permits on subject property, and requiring contractors to identify
themselves and have some sort of handout that would explain what they are doing.
(See Minutes for Additional Details)
_g_
Final Planning Commission Action Memo June 2, 2015
ATTACHMENT 3
ZTA 2015 -6 Wireless — Antenna size and mounting standards
RECOMMEND APPROVAL OF ZTA- 2015 - 00006, by a vote of 7:0, with the ordinance language
as recommended by staff.
REQUEST, by consensus, that staff draft resolution of intent for consideration of additional
changes as requested by Verizon Wireless to increase antenna size and to reflect input
provided by the Planning Commission. (See minutes for additional details)
By consensus, the Planning Commission made a directive recommendation that the statements
from Verizon Wireless be considered about the increase in antenna size, and that staff have
adequate time to research these other issues comprehensively.
- 10 -
Final Planning Commission Action Memo June 2, 2015
ATTACHMENT 4
ZTA 2015 -8 Wireless — Replacement of Wooden Pole with Metal Pole — Planning
Commission Recommendation
The Planning Commission recommended denial, by a vote of 5:2, of ZTA- 2015 -08 Wireless
Amendment — Replacement of Wood Poles with Metal Poles due to the concerns expressed in
staff's analysis and others as noted below:
- This amendment will result in additional review costs to the County and increased review
times.
- It will not prevent the replacement of decaying poles or result in the removal of any
previously approved sites.
- Questioned whether there are reasonable grounds to justify denial of replacement of a
wood pole with a metal pole.
- The amendment is proposed to address a single case and that is not the best way to
conduct public policy.
- Concern about penalizing the telecommunications industry for improving the durability
and safety of poles by moving from wood to metal poles. The County would be creating
a standard where they are saying the County is going backwards in terms of use of
wood, when clearly the tensile strength of metal and the ability of metal to collapse far
exceeds the capability of wood.
(See Minutes for additional details.)
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Final Planning Commission Action Memo June 2, 2015