HomeMy WebLinkAboutZTA201500003 Staff Report 2015-05-12COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: ZTA 2015 -03 BZA Process and
Technical Changes
SUBJECT /PROPOSAL /REQUEST: Work Session to
Address State Code Requirements for BZA Process
and for Minor Technical Changes
STAFF CONTACT(S):
Amelia McCulley, Francis MacCall, Greg Kamptner
AGENDA DATE: May 12, 2015
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND: On July 1, 2015, General Assembly bill HB 1849 will be enacted into State law. This law alters
criteria relating to variances and appeals as well as revises proceedings before the Board of Zoning Appeals (BZA). A
brief background on the role of the BZA and a comparison of their actions to those of other Boards and Commissions is
provided (Attachment B). On March 17 the Planning Commission adopted the attached Resolution of Intent to
undertake ordinance amendments to ensure compliance with State law once the legislation takes effect (Attachment
A).
As noted in our report for the resolution of intent, we are also using this opportunity for updates, clarifications and
corrections to related regulations. This will be generally explained within the discussion and is specifically explained
with the annotations in the draft ordinance (Attachment D).
DISCUSSION:
Variances, Appeals and BZA Process: The Virginia Code (through HB 1849) establishes new procedural
requirements for BZA as well as a new definition and criteria for variances. This amendment provides for all
types of applications before the BZA such as variance, appeal and interpretation of a district map.
Attachment C outlines those changes.
Variation or Exception for Site Plan Improvement Requirements: Regulations that arise from the subdivision
or site plan enabling authority are eligible for administrative approval with appeal to the Commission and
Board. Because their authority originates from those and not the general zoning regulations, they are not
required to be special exceptions approved only by the Board. This amendment clarifies this distinction.
Architectural Review Board (ARB) Appointment, Organization and Procedures and Design Guidelines:
Section 34A is reorganized and reformatted for consistency with other provisions. A new section is added
(Section 34A.3 Design Guidelines) to better describe the process for developing and approving design
guidelines.
Violations: Section 36 is updated for consistency with the Virginia Code.
Housekeeping / Minor Technical Changes: These changes include updating Code Sections (both Virginia
Code and County Code) listed as cross - references. They also include amendment to the site plan regulations
consistent with the new State requirements for stormwater management. Amendments to BZA application
procedures are provided for consistency with other application procedures (for filing, checking for
completeness, resubmittal, withdrawal, etc.).
RECOMMENDATION: Staff recommends that the Planning Commission provide feedback on the attached draft
ordinance (Attachment D) and direct staff to schedule the zoning text amendment for public hearing.
ATTACHMENTS:
Attachment A: Resolution of intent
Attachment B: Background on Board of Zoning Appeals
Attachment C: HB 1849
Attachment D: Annotated Draft Ordinance