HomeMy WebLinkAboutZTA201600001 Minutes 2016-04-06COUNTY OF ALBEMARLE
TRANSMITTAL TO THE BOARD OF SUPERVISORS
SUMMARY OF PLANNING COMMISSION ACTION
AGENDA TITLE:
ZTA 2016-01 Eligible Applicants
SUBJECT/PROPOSAL/REQUEST:
Public Hearing to Amend the Zoning
Ordinance to Address Requirements When an
Easement Holder Files for a Special Use
Permit, Special Exception or Variance
AGENDA DATE:
April 6, 2016
STAFF CONTACT(S):
Amanda Burbage, Amelia McCulley, Greg
Kamptner
PRESENTER (S):
Amanda Burbage
BACKGROUND:
On February 23, 2016, the Planning Commission adopted an expanded Resolution of Intent (Attachment
B) and recommended approval of ZTA 2016-01 by a vote of 7:0, as recommended by staff with one
grammatical correction, if the Board of Supervisors is satisfied that 1) the county is appropriate in the role
of interpreting private easement terms, 2) there is a clear understanding of what happens if a property
owner objects, and 3) the Board is satisfied that the process for notifying an owner as provided in the
ordinance is acceptable (Attachment A). The Planning Commission's action letter, staff report, and
minutes from the meeting are attached (Attachments C through E).
DISCUSSION:
The staff report for the February 23, 2016 Commission public hearing (Attachment D) outlines the
background and provisions of the proposed ordinance amendment. Staff's responses to the
Commission's recommended conditions for approval are provided in italics.
1) The Board of Supervisors is satisfied that the county is appropriate in the role of interpreting
private easement terms
The County Attorney's office routinely evaluates deeds between private parties, as well as articles
of incorporation, operating agreements, by laws, and resolutions of private entities in order to
make various decisions affecting a land use application. The easement holder will have the
burden of demonstrating to the satisfaction of the County that the special use permit that it seeks
would allow a use that clearly falls within the scope of the easement.
2) There is a clear understanding of what happens if a property owner objects
The County is legally required to process a complete application within an established timeframe
set forth in the ordinance. An application will not be deemed complete if the County Attorney's
office finds any information provided by the applicant to be inadequate in satisfying the County's
ordinance requirements. A property owner who disagrees with the determination that the
easement holder is an eligible applicant may have standing to appeal the determination to the
Board of Zoning Appeals (BZA). Processing the special use permit application would be stayed
until the BZA acts on the appeal. In the absence of an appeal pending before the BZA, once the
County deems an application to be complete, any disputes between the property owner and the
easement holder regarding the application are a private matter and would not halt the County's
review process without the consent of the applicant. For example, the County is obligated to
process a subdivision application even if it violates the terms of private covenant.
3) The Board is satisfied that the process for notifying an owner as provided in the ordinance is
acceptable
The ordinance proposes written notice to the property owner(s) sent by mail to the address on
record within 10 days of receiving the complete application. This new notification requirement
ensures that the property owner(s) receives early notice that an application has been made. In
addition, current notification requirements associated with a special use permit application include
written notice of the community meeting, a sign posted on the property, a legal ad prior to each
public hearing, and written notice prior to each public hearing.
RECOMMENDATIONS:
Staff recommends that the Board adopt the proposed zoning text amendment (Attachment A).
ATTACHMENTS:
A — Proposed Ordinance
B — Resolution of Intent
C — February 23 Planning Commission action letter
D — February 23 Planning Commission staff report
E — February 23 Planning Commission minutes