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Home My WebLink AboutZTA201600001 Resolution - Board of Supervisors 2016-01-06File #: 16 -104, Version: 1 AGENDA DATE: 12/9/2015 Albemarle County Executive Summary TITLE: County Code Regulations Regarding Applications for Rezonings and Special Use Permits SUBJECTIPROPOSALIREQUEST: Resolutions of Intent to amend County Code regulations regarding applications for rezonings to amend proffers that do not affect use or density, and to amend the definition of "owner" ITEM TYPE: Consent Action Item STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, Graham, Cilimberg PRESENTER (S): NIA LEGAL REVIEW: Yes REVIEWED BY: Thomas C. Foley BACKGROUND: Virginia Code § 15.2 -2302 authorizes the Board to waive the requirement for a public hearing when an applicant for a rezoning seeks only to amend existing proffers that do not affect use or density. County Code § 18- 33.7(f) implements Virginia Code § 15.2 -2302 and allows applications to first come to the Board to decide whether to require the Planning Commission to hold a public hearing, whether to refer the application to the Planning Commission at all, and whether the Board will require itself to hold a public hearing on the application. Albemarle County Code § 18 -33.4 authorizes an "owner" to apply for rezonings and special use permits, which is defined in Albemarle County Code § 18 -3.1 as the fee simple owner of the parcel to which the application pertains. It has become apparent from a recent inquiry from an electric utility interested in upgrading its electric transmission lines that the definition may be too restrictive where, as in the case of the electric utility, the prospective applicant is an easement holder seeking a special use permit for a use allowed by the deed of easement. Without the amendment, the owner of the fee simple interest in a parcel retains complete control over how the easement lands may be used under the Zoning Ordinance, even though the owner previously sold the property right to the easement holder to use the easement lands for a particular purpose. STRATEGIC PLAN: Goal 2. Critical Infrastructure. Prioritize, plan and invest in critical infrastructure that responds to past and future changes and improves the capacity to serve community needs. DISCUSSION: Proffer Procedures and Requirements Although the Board may waive the requirement for a public hearing when an applicant for a rezoning is seeking only to amend existing proffers that do not affect use or density, County Code § 18 -33.4 still requires an applicant for such a rezoning to comply with a number of requirements that apply to all rezoning applications, including: (1) a pre- application meeting, unless it is waived by the director of planning; (2) submitting a complete application in the requisite number of copies; (3) paying the applicable fee for a rezoning (the current fee regulations do not distinguish this type of application from any other rezoning application); (4) holding a work session, if required by the director of planning; and (5) holding a Albemarle County Page 1 of 2 Printed on 92/22/2015 pow: red by Le ;',tarT" File #: 16 -104, Version: 1 community meeting, if required by the director of planning. Some applications to amend proffers that do not affect use or density may be minor, technical, or noncontroversial, and a further simplified application process may be warranted in the Board's discretion. Thus, County Code § 18 -33.7 could be amended to simplify the application requirements for such rezonings, allow the Board to decide whether work sessions and community meetings may be eliminated in conjunction with its decision as to whether public hearings will be required, and establish a separate fee for this class of zoning map amendment. With each such application, the Board would decide the appropriate level of public engagement and whether Planning Commission and board public hearings would be required. Definition of "Owner" The definition of "owner" in County Code § 3.1 could be amended to clarify that certain easement holders may be eligible to apply for a special use permit when the permit they seek is consistent with the uses for which the easement was acquired. BUDGET IMPACT: An analysis of the budget impact related to the ordinance amendments will be provided as part of the ordinance amendment discussion. RECOMMENDATION: Staff recommends that the Board adopt the resolutions of intent (Attachments A and B). A - Resolution of Intent for Proffer Amendments B - Resolution of Intent for Definition of Owner Albemarle County Page 2 of 2 Printed on 12/22/2015 powered by Legit tar'"" RESOLUTION OF INTENT WHEREAS, the Albemarle County Zoning Ordinance includes regulations pertaining to the procedures and requirements for applications for zoning map amendments ( "rezonings ") and special use permits; and WHEREAS, Virginia Code § 15.2 -2302 enables local governing bodies to establish an expedited process to amend proffers that do not affect use or density, and Albemarle County Code §§ 18 -33.4 and 33.7 establish the procedures and requirements for rezonings in which the applicant seeks to amend such proffers, but applicants are currently required to file the application, pay the fee, and comply with certain procedural requirements, that apply to any other applicant- initiated rezoning; and WHEREAS, in order to improve the efficiency of applications for rezonings seeking to amend proffers that do not affect use or density, it may be desirable to amend the regulations in Albemarle County Code §§ 18- 33 and 18 -35.1 pertaining to the application and procedural requirements, as well as the fees, for such rezonings. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare, and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to consider amending Albemarle County Code § § 18 -33 and 18 -35.1, 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 shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendations to the Board of Supervisors, at the earliest possible date. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution 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 Clerk, Board of County Supervisors Ave Nay Mr. Boyd Ms. Dittmar Ms, Mallek Ms. McKeel Ms. Palmer _ Mr. Sheffield RESOLUTION OF INTENT WHEREAS, the Albemarle County Zoning Ordinance includes regulations pertaining to the procedures and requirements for applications for zoning map amendments ( "rezonings ") and special use permits; and WHEREAS, Albemarle County Code § 18 -33.4 authorizes an "owner" to apply for rezonings and special use permits, which is defined in Albemarle County Code § 18 -3.1 as the fee simple owner of the parcel to which the application pertains, and it has become apparent that the definition may be too restrictive in those cases where the prospective applicant is an easement holder seeking a special use permit for a use allowed by the deed of easement; and WHEREAS, in order to improve the efficiency of the special use permit application process, it may be desirable to amend the definition of "owner" in Albemarle County Code § 18 -3.1 to clarify that certain easement holders may be eligible applicants for special use permits when the permit they seek is consistent with for which the easement was acquired. the uses NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare, and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to consider amending Albemarle County Code § 18 -3.1, 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 shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendations to the Board of Supervisors, at the earliest possible date. 1, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution 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 Clerk, Board of County Supervisors Mr. Boyd _ Ms. Dittmar _ Ms. Mallek _ Ms. McKeel Ms. Palmer _ Mr. Sheffield