HomeMy WebLinkAboutZTA201500003 Staff Report 2015-06-02COUNTY OF ALBEMARLE
STAFF REPORT
AGENDA TITLE: ZTA 2015 -03 BZA Process and
Technical Changes
SUBJECT /PROPOSAL /REQUEST: Public Hearing
for Zoning Ordinance Amendment to Address State
Code Requirements for BZA Process and for Minor
Technical Changes
STAFF CONTACT(S):
Amelia McCulley, Francis MacCall, Greg Kamptner
AGENDA DATE: June 2, 2015
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND: This ordinance amendment codifies Virginia Code amendments relating to matters before the Board
of Zoning Appeals that will become law on July 1St. These amendments resulting from HB 1849 involve Virginia Code
§15.2 -2201 (Definitions), §15.2 -2308 (Board of Zoning appeals to be created; membership, organization, etc.), §15.2-
2309 (Powers and duties of boards of zoning appeals) and §15.2 -2314 (Certiorari to review decision of board). (These
changes are outlined in Attachment C of the Commission work session report found in Attachment A to this report.)
In addition, we are updating, clarifying and correcting several ordinance references and provisions, such as those
relating to the Water Protection Ordinance, site plans and violations. Revisions to Section 32.3.5 (Site Plans Variations
and exceptions) clarify the process for requests to differ from site plan improvement requirements. Section 34A.3 is
added to codify the process for adoption and ratification of ARB Design Guidelines. As mentioned in the work session,
a new provision (Section 32.4.3.9) is added to clarify that the site, as -built and maintained, must comply with the
approved final site plan.
DISCUSSION: The draft ordinance is consistent with that which was provided to and discussed with the Commission
in informational work session on May 12tH
In accord with prior Board direction, staff will review the draft ordinance under three criteria:
PUBLIC PURPOSE TO BE SERVED: To codify Virginia Code relating to HB 1849. In addition, this
ordinance amendment provides better clarification and consistency within the zoning regulations and
across other development - regulations.
ADMINISTRATION/ REVIEW PROCESS: This amendment promoted more efficient and effective
administration of the County's zoning regulations.
HOUSING AFFORDABILITY: These regulations do not impact housing affordability.
RECOMMENDATION: Staff recommends that the Planning Commission recommend adoption of the draft ordinance
(Attachment B) to the Board of Supervisors.
ATTACHMENTS:
Attachment A: ZTA 2015 -03 Report with Attachments for PC Work Session
Attachment B: Draft Ordinance