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HomeMy WebLinkAboutZTA201600002 Ordinance 2016-02-26Draft: 02/23/16 ORDINANCE NO. 16 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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 IV, Procedure, is hereby amended and reordained as follows: By Amending: Sec. 33.4 Uniform procedures for owner- initiated zoning map amendments and special use permits Sec. 33.7 Owner - initiated zoning map amendments; authority to accept proffers Sec. 35.1 Fees Chapter 18. Zoning Article IV. Procedure Sec. 33.4 Uniform procedures for owner - initiated zoning map amendments and special use permits Each application for an owner - initiated zoning map amendment or a special use permit, except for those zoning map amendments subject to alternative application and procedural requirements authorized by the board of supervisors under section 33.7(1) and those special use permit applications 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 "), subject to the following: 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; (ii) 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. 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 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 for the proposed application; and (iv) whether the application raises any complex issues that create the need for the meeting. Draft: 02/23/16 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. 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)(2). 2. When supplemental information may be required; 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. 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). Elements of the supplemental information. The supplemental information is the following: 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 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. 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. 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. Proposed proffers to address impacts. A narrative of the proffers proposed to address impacts from the proposed project. 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 2 Draft: 02/23/16 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. 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; (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. 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; (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 steep 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. 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 Draft: 02/23/16 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 property, have been paid. 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 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. 4 Draft: 02/23/16 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 existing proffers. 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 §§ 15.2- 2204(H) and 15.2 -2302. g. Payment offees. 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 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 (f). 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: 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. 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). Community meetings. A community meeting shall be held for each application, subject to the following: Purposes for a meeting. The purposes for a community meeting are to: (i) provide interested members of the public the opportunity to receive information about the proposed project, the applicable procedure, 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 Draft: 02/23/16 affected, the proposed density, the proposed scale, and the potential impacts; (ii) any other factors deemed relevant upon applying sound zoning principles; and (iii) 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. 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 of staff comments. 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. M. Notice ofpublic hearings. Notice of public hearings shall be provided as follows: 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 (21) 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: (i) a sign shall be erected in the same manner as above for each abutting street; or (ii) 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 0 Draft: 02/23/16 impacted by, 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. Content of sign. 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 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 applicant requests or consents to the ninety (90) day period being extended. 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 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. 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 7 Draft: 02/23/16 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, 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 of supervisors. 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. In approving an application for a zoning map amendment, the board may accept the proposed proffers as provided in section 33.7. In approving an application for a special use permit, the board may impose conditions as provided in section 33.8. 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 application. An application may be withdrawn, or be deemed to be withdrawn, as provided herein: 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 (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 Draft: 02/23/16 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. Upon written request received by the clerk of the board of supervisors before the extension of the deferral period granted by the director expires, the board of supervisors may grant one additional extension of the deferral 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. The timely receipt by the clerk of the extension request shall toll the expiration of the extended deferral period until the board acts on the request. 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). ((§ 33.2, 12- 10 -80) (§ 33.4,12- 10 -80; Ord. 03- 18(2), 3- 19 -03) (§ 33.5, 12- 10 -80; Ord. 03- 18(2), 3- 19 -03) (§ 33.6, 12- 10 -80) (§ 33.7, 12- 10 -80, 6- 19 -96; Ord. 01- 18(6), 10 -3 -01) (§ 33.8, 12- 10 -80, 6- 19 -96) (§ 33.8.1, 12- 10 -80, 6- 19 -96; Ord. 01- 18(6), 10 -3 -01) (§ 33.8.2, 12- 10 -80, 6- 19 -96) (§ 33.8.3, 12- 10 -80, 6- 19-96); §33.4, Ord. 12- 18(7), 12 -5 -12, effective 4 -1 -13; Ord. 14- 18(2), 3 -5 -14) State law reference —Va. Code §§ 15.2-2204,15.2-2285, 15.2-2286(A)(3),(4),(7), (B). 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 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. Timing of submittal. 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. If amended proffers are submitted after the public hearing is closed, the board may accept, in its sole discretion, the amended proffers after holding another public hearing. 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; 0 Draft: 02/23/16 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 by an owner - initiated zoning map amendment. An application to amend proffers shall be subject to the procedures under section 33.4, provided that beafd shall aet on the applieation within a reasonable time not to exeeed twelve (12) months a to amend proffers, it shall hold a public hearing. Notiee of the public hearing shall be provided as required by seetions 3 3.4 (f)(4) and 3 3.4 (m). in its sole diser-etion, the board may wai've the proposed amendments do to eofidifions aff-eetia.9, use or- deasi if the proposed amendment solely pertains to amending proffers that do not affect conditions of use or density and, following consultation with the director of planning, the applicant submits a request to the clerk of the board of supervisors before filing an application for a zoning =map amendment under section 33.4(b): 1. Waiver of reauirement for public hearings. The board of supervisors may waive the requirement for a public hearing by the commission or by the board of supervisors. or both, and the associated notice requirements, as otherwise required under section 33.4: and, if the board waives the requirement for a public hearing y the commission. it also may waive the requirement for a recommendation from the commission. 2. Waiver of procedural requirements. The board may waive one or more of the procedural requirements in subsections 33.4(al. (il. and (il. 3. Waiver of application requirements. The board may waive any supplemental information which may otherwise be required to accompany an application under subsections 33.4(b)(2) and (c), and determine the number of copies of the application that must be filed. (§ 33.7, Ord. 12- 18(7), 12 -5 -12, effective 4 -1 -13 (§ 33.3, 12- 10 -80; 4 -4 -90; Ord. 07- 18(1), 7- 11 -07) (§ 33.3.1, 12- 10 -80; 4 -4 -90) State law reference — Va. Code §§ 15.2 -2296, 15.2 -2302, 15.2 -2303. Sec. 35.1 Fees Each applicant shall pay the following applicable fees, provided that neither the eounty nor the county school board shall be required to pay any fee if it is the applicant: a. Zoning text amendments: $1,075.00 b. Zoning map amendments: 1. Less than 50 acres; application and first resubmission: $2,688.00 2. Less than 50 acres; each additional resubmission: $1,344.00 3. 50 acres or greater; application and first resubmission: $3,763.00 4. 50 acres or greater; each additional resubmission: $1,881.00 10 Draft: 02/23/16 5. Deferral of scheduled public hearing at applicant's request: $194.00 6. Amendments submitted under section 30.7.6: (i) because the slopes are not steep slopes: no fee; (ii) to change any slope's designation from preserved to managed or to remove steep slopes from the steep slopes overlay district: any application fee under subsections (b)(1) through (5). 7. Amendments solely pertaining to proffers that do not affect use or density when the board of supervisors authorizes alternative application and procedural requirements under section 33.7(f): $457.00. 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. Dill Ms. Mallek Ms. McKeel Ms. Palmer Mr. Randolph Mr. Sheffield Clerk, Board of County Supervisors 11