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HomeMy WebLinkAboutZTA201700006 Staff Report 2018-09-19 (8)COUNTY OF ALBEMARLE TRANSMITTAL TO THE BOARD OF SUPERVISORS SUMMARY OF PLANNING COMMISSION ACTION AGENDA TITLE: ZTA 2017-06 Updates and Clarifications to Section 33 Zoning Text Amendments (ZTAs), Zoning Map Amendments (ZMAs), Special Use Permits (SPs) and Special Exceptions SUBJECT/PROPOSAL/REQUEST: Public hearing on changes to Section 33 Zoning Text Amendments (ZTAs), Zoning Map Amendments (ZMAs), Special Use Permits (SPs) and Special Exceptions AGENDA DATE: September 5, 2018 STAFF CONTACT(S): Richardson, Walker, Kamptner, Echols, Fritz PRESENTER (S): Mr. Fritz BACKGROUND: On July 17, 2018, the Planning Commission held a work session on ZTA 2017-00006, and on August 7, 2018, the Planning Commission held a public hearing and voted 5:0 (More, Firehock absent) to recommend approval of ZTA-2017-00006 with the understanding that the County Attorney would clarify certain written notice provisions. DISCUSSION: During the Planning Commission's July 17, 2018 work session and August 7 public hearing, the Commission expressed concern that Zoning Map Amendments and Special Use Permit applications where the applicant does not respond to staff comments would proceed directly to the Planning Commission within 90 days of the application being submitted. The Commission was concerned that they would be reviewing applications that were incomplete and had significant outstanding issues. Staff clarified that incomplete applications are not accepted for review and would not be scheduled. The State Code requires the Commission hold a public hearing and make a recommendation on SP/ZMA applications within 90 days. Therefore, any application deemed complete is entitled to a public hearing within 90 days. No provision of the State Code requires the applicant to respond to comments made by County staff. During both the work session and public hearing, comment was received from the public expressing concern that advertising fees would be required at the time of the initial application. Currently, advertising fees are collected after the initial application but prior to the public hearing. Fees are not addressed in this ZTA. The Planning Commission has adopted a resolution of intent to amend the fees, and that ZTA will be brought forward at a future date. RECOMMENDATIONS: The Planning Commission and staff recommend adoption of ZTA 2017-06 (attachment E) ATTACHMENTS: Attachment A — Planning Commission Staff report for ZTA 201700006 for August 7, 2018 Attachment B — Planning Commission minutes for August 7, 2018 Attachment C — Planning Commission action letter for August 7, 2018 Attachment D — Planning Commission minutes for July 17, 2018 Attachment E — Proposed Ordinance Lrf2C;l1�ZA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434)296-5832 Fax (434)972-4012 MEMORANDUM TO: File FROM: Elaine Echols, Chief of Planning DATE: August 20, 2018 RE: ZTA-2017-00006 Section 33 Zoning Text Amendments, Zoning Map Amendments, Special Use Permits and Special Exceptions The Albemarle County Planning Commission, at its meeting on August 7, 2018, recommend approval, by a vote of 5:0, of ZTA-2017-00006 with the understanding that the county attorney will clarify the written notice provisions. Draft: August 24, 2018 ORDINANCE NO. 18-18( ) 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, Renumbering, and Reorganizing: Old Sec. 33.1 Purpose and intent. Sec. 33.2 Uniform requirements for the initiation of zoning text amendments and zoning map amendments. Sec. 33.3 Uniform procedures for zoning text amendments and county -initiated zoning map amendments. Sec. 33.4 Uniform procedures for zoning map amendments not initiated by the county and special use permits. Sec. 33.5 Uniform procedures for special exceptions. Sec. 33.6 Zoning text amendments and zoning map amendments; relevant factors to be considered; effect of approval. Sec. 33.7 Owner -initiated zoning map amendment; authority to accept proffers. Sec. 33.8 Special use permits; relevant factors to be considered; conditions; revocation. Sec. 33.9 Special exceptions; relevant factors to be considered; conditions. New Division 1. Zoning Text Amendments Sec. 33.1 Introduction. Sec. 33.2 Initiating a zoning text amendment. Sec. 33.3 Worksessions, stakeholder meetings, community meetings, and other public engagement. Sec. 33.4 Public hearings; notice. Sec. 33.5 Recommendation by the Planning Commission. Sec. 33.6 Action by the Board of Supervisors. Division 2. Zoning Map Amendments Initiated by the County Sec. 33.7 Introduction. Sec. 33.8 Initiating a zoning map amendment. Sec. 33.9 Worksessions, stakeholder meetings, community meetings, and other public engagement. Sec. 33.10 Public hearings; notice. Sec. 33.11 Recommendation by the Planning Commission. Sec. 33.12 Action by the Board of Supervisors. Division 3. Zoning Map Amendments Initiated by an Owner Sec. 33.13 Introduction. Sec. 33.14 Pre -application meeting. Sec. 33.15 Application for a zoning map amendment. Sec. 33.16 Information submitted with application; all applications. Draft: August 24, 2018 Sec. 33.17 Information submitted with application; conventional districts. Sec. 33.18 Information submitted with application; planned development districts, including neighborhood model districts. Sec. 33.19 Information submitted with applications; neighborhood model districts. Sec. 33.20 Filing the application; determining completeness of the application; paying fees; resubmitting an application originally determined to be incomplete. Sec. 33.21 Studies identifying potential impacts of zoning map amendment. Sec. 33.22 Proffers. Sec. 33.23 Worksessions. Sec. 33.24 Community meetings. Sec. 33.25 Public hearings; notice. Sec. 33.26 Recommendation by the Planning Commission. Sec. 33.27 Action by the Board of Supervisors. Sec. 33.28 Effect of approval of zoning map amendment; effect of proffers once accepted. Sec. 33.29 Resubmitting a similar denied application within one year is prohibited. Division 4. Special Use Permits Sec. 33.30 Introduction. Sec. 33.31 Pre -application meeting. Sec. 33.32 Application for a special use permit. Sec. 33.33 Information the Director of Planning may require to be submitted with application. Sec. 33.34 Filing the application; determining completeness of the application; paying fees; resubmitting an application originally determined to be incomplete. Sec. 33.35 Studies identifying potential impacts of special use permit. Sec. 33.36 Worksessions. Sec. 33.37 Community meetings. Sec. 33.38 Public hearings; notice. Sec. 33.39 Recommendation by the Planning Commission. Sec. 33.40 Action by the Board of Supervisors. Sec. 33.41 Revoking a special use permit for noncompliance with conditions. Sec. 33.42 Resubmitting a similar denied application within one year is prohibited. Division 5. Special Exceptions Sec. 33.43 Introduction. Sec. 33.44 Application for a special exception. Sec. 33.45 Filing the application; determining completeness of the application; paying fees; resubmitting an application originally determined to be incomplete. Sec. 33.46 Studies identifying potential impacts of special exception. Sec. 33.47 Public hearings; when required; notice. Sec. 33.48 Recommendation by the Planning Commission when required. Sec. 33.49 Action by the Board of Supervisors. Sec. 33.50 Revoking a special exception for noncompliance with conditions. Sec. 33.51 Resubmitting a similar denied application within one year is prohibited. Division 6. Deferring Action and Withdrawing an Application Sec. 33.52 Deferring action. Sec. 33.52 Requesting action after deferral. Sec. 33.54 Withdrawing an application. Draft: August 24, 2018 Chapter 18. Zoning Article IV. Procedure Section 33 Zoning Text Amendments, Zoning Map Amendments, Special Use Permits, and Special Exceptions considering and act' - . g, te*t amendments, zoning nW exeept for- those delegated by this ehapter-4 amendments,for special use perfnits-, e the board of zoning appeals, a -ad speeial • Any proposed zoning raap ameadment shall > > (§3JT„Td. 12 19(7) 12 C 12 o#o..tiye 4 1 13(§ 33 .0, 12 10 40• Ofd 01 19(6), 10 2 01) (R 33 .1, 12 100- >supplement, > Any proposed zoning raap ameadment shall > > > or- pr-aetiee requires. The ;.,;t;. tie of this pr-eeess shall be > as f 11,,...s• > > or- good zonifig b. bfitiation ef a �Fe by ws4utiofi of ndnient. ir Any proposed zoning raap ameadment shall > > be initiated: (i) > > cc » the that is the the ) of par-eel(s) subjeet of proposed zoning ma -p �. Draft: August 24, 2018 FSNWIP�JWAMR..m am Irfilm-11filwo,17.1 Mill III! RIFE will, Draft: August 24, 2018 - W • Draft: August 24, 2018 minim OWN �. , 10.0111. WE SNO o'"Hill III Draft: August 24, 2018 41 rim MIN mwPI IM, 11111 Draft: August 24, 2018 •. �.. •. p1m 011 1111-1-11M. M­ ON111111110. ~'11,11, MOVIE Ill 11m, I I I "I I M11 HIM Draft: August 24, 2018 r,JI I" I M."N I n�eneefrsssir,�a� 1� 111 . 1 .1 Ill. 11 1 assr.�ser!�cs!s!�e�_ M.1 11 11 ss��frsrs�e�ee!�sr�.*ss. Rill ow S Draft: August 24, 2018 pFojeet to the board II the eammission analysis fthe major issues, seek with the depai4mefit of eomM+tflity deN,e!E)pMlI direetien from the board oFsemmissNn on theiF expectations in addFessing those issues, i.i: eamments. and to allow the board oF loommission to r-eeeive 10 i OPINION J' 10 Draft: August 24, 2018 11 M.. WE �. IF �Tll IN 11 Draft: August 24, 2018 .� .� WN I 12 WN I I. -�I]MIII _-MI�RI MNill��Ny�Irl'NMIrRAil�il�'M�hIIR1AM1111��I 11'1p1M��1■W1Wl�I7MY1 14 L9NA1lIYNiXIIf���NA1NNlill 11 II 11NNilIliANM�1M 12 Draft: August 24, 2018 _ • ! ! ! • • Kamer -MIM I • • - I • I • I • • I • • I I 13 11.0posed use, the P9F extension is eomplexity made. Upon of the r-eview, and the laws in �,N+itten Fe"est feeeived by the eff-eet a the time the- eler4E of the board e& )Fs befef:e the extefision of the defei+al period granted by the Elir-eetoF expir-es, the to be reasonable, taking into eonsideFation the size of oat-twe of the pfoposed tise, the eomple*ity of the f:evi&w, made. The timely r-eceipt 41+0 extendeddef ffa r and the laws by the eler4 o until the in effeet at the time the r-e"est of the ext t shall ti oaf aets on the r ono for- extension is tofl the expiration of _ • ! ! ! • • Kamer -MIM I • • - I • I • I • • I • • I I 13 Draft: August 24, 2018 .. . . ........ b. 4pplieation. Each appheation for- a speeial exeeption shall be made as pfovided by, and inelude t • e�e��rsyeass!�:�se:as mss+sass:resss!ts�sreesr:ee�ses�as. 14 Draft: August 24, 2018 15 41 ., MWA RAMMI 15 Draft: August 24, 2018 16 INE 3. oil ._. 2.., . .. .,,_..,,_. _.. 16 Draft: August 24, 2018 n 17 Draft: August 24, 2018 • • • i iRMEA • A • MOM • • • AfilLWAU shall eansidef the faeters, standards, er-iter-ia, and findings, howevef denominated, in the applie- seetions of this ehaptef, pfovided that the soppoi4 of its deeision. board shall not be r-equir-ed �.� R W speeifie findintl- • • • i iRMEA • A • MOM • • • AfilLWAU 18 shall eansidef the faeters, standards, er-iter-ia, and findings, howevef denominated, in the applie- seetions of this ehaptef, pfovided that the soppoi4 of its deeision. board shall not be r-equir-ed to make speeifie findintl- 18 Draft: August 24, 2018 ,,,l;tion-s to address any possible ; aets of the s ;.,1 eiieeption. (§ 33.9, n. -.l 12 18(7), 12 State, la-,: v&reeee v. c 12, oFF etiye Code § 15.2 2296( n 1 13; R vz) 3 4 n, -.l 12 18(1), 2 4 12 Division 1. Zoning Text Amendments 1 Introduction. This division establishes the procedures and reauirements for amending the text of this chanter b adopting an ordinance (as used in this division. a "zoning text amendment"). The Board of Supervisors may adopt a zoning text amendment whenever the public necessity. convenience, general welfareor good zoning practices requires. The Commission shall consider these bases when making a recommendation on a zoning text amendment. State law reference-Va. Code && 15.2-2280. 15.2-2285. 15.2-2286. Sec. 33.2 Initiating a zoning text amendment. A zoning text amendment may be initiated as follows: A. By the Board of Supervisors. The Board of Supervisors may initiate a zoning text amendment by adopting a resolution. B. By the Commission. The Commission may initiate a zoning text amendment by adopting either a motion or a resolution. State law reference-Va. Code §§ 15.2-2285, 15.2-2286, Sec. 33.3 Worksessions, stakeholder meetings, community meetings, and other public engagement. The Director of Planning may schedule worksessions before the Board of Supervisors. the Commission, and the Architectural Review Board, if applicable. The Director is also authorized to hold stakeholder meetings, community meetings, and other forms of public engagement, as the Director determines to be appropriate or as directed by the Board of Supervisors or the Commission, to consider any proposed zoning text amendment. State law reference-Va. Code && 15.2-2285. 15.2-2286, Sec, 33.4 Public hearings: notice. Public hearings on a proposed zoning text amendment are required as follows: A. When public hearings are required. The Commission shall hold at least one public hearing before it makes its recommendation to the Board of Supervisors. After the Board receives the recommendation from the Commission, it shall hold at least one public hearing before acting. B. Notice of public hearings, generally. The Department of Community Development shall provide notice of the public hearings before the Commission and the Board pursuant to Virginia Code & 15.2- 2204. 19 Draft: August 24, 2018 C. Notice ofpublic hearings, imposing or increasing fees. The Department of Community Development shall provide notice of the public hearings before the Commission and the Board of Supervisors pursuant to Virginia Code && 15.2-107 and 15.2-2204 if the proposed zoning text amendment would impose or increase fees under this chanter. State law reference-Va. Code §§ 15.2-107. 15.2-2204, 15.2-2285. 15.2-2286. Sec. 33.5 Recommendation by the Planning Commission, The Commission shall act on a proposed zoning text amendment as follows: A. Recommendation. The Commission shall either recommend approval of the zoning text amendment as proposed, approval of the zoning text amendment with recommended changes to the text. or disapproval. B. Factors to be considered. In making its recommendation. the Commission shall consider the same factors considered by the Board of Supervisors pursuant to Section 33.6. C. Time for recommendation. The Commission shall make its recommendation on the proposed zoning text amendment within 90 days after the first Commission meeting at which it is considered. The Commission's failure to make a recommendation within the 90 -da period is deemed to be a recommendation of approval. unless the Commission extends the 90 -day period. If the Commission extends the 90 -day period, the Board may at any time direct the Commission to make a recommendation before the deadline established by the Board. State law reference-Va. Code §§ 15.2-2280, 15.2-2284, 15.2-2285. Sec, 33.6 Action by the Board of Supervisors. The Board of Supervisors shall act on a proposed zoning text amendment as follows: A. Action. The Board may either adopt the zoning text amendment, defer action to allow further amendments to the text to be made, not adopt the zoning text amendment, or refer the matter back to the Commission for further consideration and recommendation within the time for an action provided in subsection (Cl. B. Factors to be considered. In acting on a zoning text amendment. the Board shall reasonably consider the following factors: (i) the existing use and character of property: (ii) the Comprehensive Plan: (iii) the suitability of property for various uses: (iv) the trends of growth or change: (v) the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies: (vi) the community's transportation requirements: (viii the requirements for aimorts, housing, schools, parks, playgrounds, recreation areas, and other public services: (viii) the conservation of natural resources: (ix) preservingplains; (x) protectinglife and property from impounding structure failures: (xi) preserving agricultural and forestal land: (xiil conserving properties and their values: and (xiii) encouraging the most appropriate use of land throughout the County. The Board's failure to expressly consider all of these factors does not invalidate its action. C. Time for action. The Board shall act on a zoning text amendment within a reasonable period as may_ be necessary not to exceed 12 months after the first meeting at which it was considered by the 20 Draft: August 24, 2018 Commission, unless the Board extends the 12 month period. State law reference-Va. Code §§ 15.2-2280, 15.2-2284, 15.2-2285, 15.2-2286. Division 2. Zoning Man Amendments Initiated by the County Sec. 33.7 Introduction. This division establishes the procedures and requirements for amending the zoning map when the proposed amendment is initiated by the County (as used in this division. a "zoning map amendment"l. The Board of Supervisors may adopt a zoning map amendment whenever the public necessity, convenience, general welfare, or good zoning practice requires. State law reference-Va. Code §§ 15.2-2280, 15.2-2284, 15.2-2285 15.2 -22,8 -6 - Sec. 33.8 Initiating a zoning map amendment. A zoning map amendment may be initiated by the County as follows: A. By the Board of Supervisors. The Board of Supervisors may initiate a zoning map amendment by adopting a resolution. B. By the Planning Commission. The Planning Commission may_ initiate a zoning map amendment bv_ adopting either a motion or a resolution. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Sec, 33.9 Worksessions, stakeholder meetings, community meetings, and other public engagement. The Director of Planning may schedule worksessions before the Board of Supervisors, the Commission. and the Architectural Review Board, if applicable. The Director is also authorized to hold stakeholder meetings, community meetings, and other forms of public engagement, as the Director determines to be appropriate or as directed by the Board of Supervisors or the Commission, to consider any proposed zoning map amendment initiated by the County. State law reference-Va. Code §§ 15.2-2285, 15.2-2286, Sec, 33.10 Public hearings: notice. Public hearings on a proposed zoning map amendment are required as follows: A. When public hearings are required. The Commission shall hold at least one public hearing before it makes its recommendation to the Board of Supervisors. After the Board receives the recommendation from the Commission, it shall hold at least one public hearing before acting. B. Notice ofnublic hearings. Notice of the public hearings shall be provided as follows: 1. Published and mailed notice. The Department of Community Development shall provide notice of the public hearings before the Commission and the Board as required by Virginia Code §§ 15.2-2204 and 15.2-2285(Cl. 21 Draft: August 24, 2018 2. Posted notice. The Department of Community Development shall post notice of the public hearings by posting one or more signs as follows: a. When a sign must be posted. The sign shall be posted at least 21 days before the Commission's public hearing and shall remain posted until the Board has acted on the zoning map amendment. b. Where a sign is to be located. The sign shall be erected within 10 feet of each boundary line of the parcel(s) that is the subject of the zoning map amendment abutting a street and shall be placed so that it is clearly visible from the street. If more than one street abuts theparcel 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 zoning map amendment is approved 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 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 that is not subject to the zoning map amendment in locations that are most conspicuous to the public. Before posting a sign on a parcel. the Zoning Administrator shall obtain the consent of the owner to do so if the parcel is not owned by the County. c. Content ofa sign. Each sign shall state that the parcel(s) is subject to a public hearingand explain how to obtain additional information about the public hearing. d. Maintaining the sign. The County shall endeavor to 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. e. Ownership ofa sign: violation for removing or tampering with a sign. Each sign is the property of the County. It is unlawful for any person to remove or tamper with any sign. except the County or its employees or authorized agents performing maintenance required by this subsection. f. Effect ofailure to come. If the Department of Community Development fails to post any sign required by this subsection (Bl(21: 1. Prior to action by the Board. The Board may defer acting on a zoning text amendment if it finds that the failure to comply with this subsection materially deprived the public of reasonable notice of the public hearing. 2. Action is not invalid. Neither the Commission's recommendation nor the Board's approval of a zoning map amendment is invalid solely because of the failure to post notice as required by this subsection. State law reference-Va. Code §§ 15.2-2204, 15.2-2285, 15.2-2286. Sec. 33.11 Recommendation by the Planning Commission The Commission shall act on a proposed zoning map amendment as follows: 22 Draft: August 24, 2018 A. Recommendation. The Commission shall either recommend approval of the zoning man amendment as proposed, approval of the zoning map amendment with recommended changes, or denial of the application. B. Factors to be considered. In making its recommendation. the Commission shall consider the same factors considered by the Board of Supervisors pursuant to section 33.12. C. Time for recommendation. The Commission shall make its recommendation on the proposed zoning map amendment within 90 days after the first Commission meeting at which it is considered. The failure of the Commission to make a recommendation on the matter within the 90 -day period shall be deemed to be a recommendation of approval, unless the Commission extends the 90 -day -period, State law reference-Va. Code § 15.2-2280, 15.2-2284, 15.2-228515.2-2286. ec. 33.12 Action by the Board of Supervisors. The Board of Supervisors shall act on a proposed zoning map amendment as follows: A. Action. The Board may either adopt the zoning =map amendment, deny the application fora. zoning map amendment, or refer the matter back to the Commission for further consideration and recommendation within the time for an action provided in subsection (C). The Board may not adopt a zoning map amendment allowin a more intensive use, or including more land, than was contained in the public notice without an additional public hearing after notice is provided pursuant to Virginia Code && 15.2-2204 and 15.2-2285(C). B. Factors to be considered. In acting on a zoning map amendment, the Board shall reasonably consider the following factors: (i) the existing use and character of property: (ii) the Comprehensive Plan: (iii) the suitability of property for various uses: (iv) the trends of growth or change: (v) the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies: (vi) the community's transportation requirements: (viii the requirements for airports, housing, schools, parks, playgrounds, recreation areas, and other public services: (viii) the conservation of natural resources: (ix) preserving flood plains: (x) protecting life and property from impounding structure failures: (xi)preserving gricultural and forestal land: (xiil conserving properties and their values: and (xiii) encouraging the most appropriate use of land throughout the County. The Board's failure to expressly_ consider all of these factors does not invalidate its action. C. Time for action. The Board shall act on a zoning text amendment within a reasonable period as may_ be necessary, not to exceed 12 months after the first meeting at which it was considered by the Commission, unless the Board extends the 12 month period. State law reference-Va. Code && 15.2-2280. 15.2-2284, 15.2-2285. 15.2-2286. Division 3. Zoning Man Amendments Initiated by an Owner Sec, 33.13 Introduction. This division establishes the procedures and reauirements for amending the zoning man when the amendment is initiated by an owner or other persons authorized by Section 33.15 (as used in this division a "zoning map amendment"). The Board of Supervisors may adopt a zoning map amendment whenever the public necessity, convenience, general welfare, or good zoning =practice requires. 23 Draft: August 24, 2018 State law reference-Va. Code &8 15.2-2280. 15.2-2284. 15.2-2285 15.2-2286. Sec. 33.14 Pre -application meeting, Any prospective applicant for a zoning man amendment shall request and hold a meeting with the Department of Community Development before filing an application to the County. This meeting is referred to as the "pre -application meeting." A. Submitting information. The applicant shall complete and submit information on County -provided forms before or during the pre -application meeting. B. Purposes for a pre -application meeting. The p=oses 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 of Planning to identify the information the applicant must submit with the application pursuant to Sections 33.16 through 33.19. C. When a pre -application meeting is not required. The Director may exercise discretion and decide that a pre -application meeting is not required upon considering the following: (i) whether the proposed use, the proposed density. the Proposed scale, Dotential impacts, and other relevant considerations applying sound zoning principles do not warrant a pre -application meeting(ii) whether the information that may be required pursuant to Sections 33.16 through 33.19 can be identified without the meeting: (ii i) 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. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. See, 33.15 Application for a zoning map amendment. Each application for a zoning map amendment is subject to the following: A. Who may file an application. An owner, a contract purchaser with the owner's consent, or the owner's authorized agent may file an application for a zoning map amendment (collectively in this division the "owner" or the "applicant). In addition. 1. Amendments to existing proffers. Proffers that have been accepted by the Board of Supervisors in conjunction with a zoning map amendment may be amended by a later zoning map amendment. An owner whose parcel is subject to proffers mayapply to amend the proffers applicable solely to that owner's parcel. An application to amend proffers is subject to the procedures and requirements of this division, provided that the requirements described below may be waived 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 before submitting its application for a zoning map amendment: a. Waiving the requirement for public hearings. The Board may waive the requirement for a public hearing by the Commission or by the Board, or both, and the associated notice requirements, as otherwise required by this division: and, if the Board waives the 24 Draft: August 24, 2018 requirement for a public hearing by the Commission, it also may waive the requirement for a recommendation from the Commission. b. Waiving procedural requirements. The Board may waive one or more of the procedural requirements in Sections 33.14, 33.22, and 33.23. c. Waiving application requirements. The Board may waive any supplemental information which may otherwise be required to be submitted with an application under Sections 33.16 through 33.19, and determine the number of copies of the application that must be filed. 2. Amendments to existing planned developments. An owner within an existing planned development may apply for a zoning map amendment applicable solely to that owner's parcel if it would not result in or require: (i) a change in use, density, or intensity on any other parcel in the planned development; (ii) a change to any regulation in a code of development that would apply to any other parcel in the planned development; (iii) a chap env other owner's express obligation under a regulation in a code of development; or (iv) a change to the application plan that would apply to any other parcel in the planned development. B. Who must sign an application. The application shall be signed by the owner of each parcel that is the subject of the proposed zoning map amendment. In addition: 1. Amendments to existing proffers. The signatures of the owners of any other parcels subject to the same proffers are not required when an owner applies to amend the proffers applicable solely to its parcel. 2. Amendments to existing planned developments. The signatures of any other owners within an existing planned development are not required if the owner -applicant is eligible to awly for a zoning map amendment applicable solely its parcel as provided in subsection(A)(2). C. Documentation regarding the authority to apply. The Director of Planning may require the applicant to submit documentation establishing ownership of any parcel that is the subject of the application and the authority of each signatory to signpplication on behalf of the owner. D. Application forms. The Director of Planning may establish appropriate application forms for zoning map amendments. The application forms may identify the information required to be provided pursuant to Sections 33.16 through 33.19. E. Information submitted with an application. Each application shall include the information identified in Sections 33.16 through 33.19, as applicable, provided that the Director of Planning may. upon written request received from the owner, determine that the owner is not required to provide certain information, depending on: (i) the nature or extent of the proposed zoning map amendment; (ii) the proposed use; (iii) the proposed density(iv) the proposed district; (v) whether the application is to establish or amend a planned development district, including a neighborhood model district; and (vi) other considerations the Director determines to be relevant applying sound zonjng principles. State law reference-Va. Code && 15.2-2285. 15.2-2286. 15.2-2302. Sec. 33.16 Information submitted with application: all applications, Each application for a zoning map amendment shall include the following information: 25 Draft: August 24, 2018 A. Project proposal. A narrative of the project proposal, including its public need or benefit. B. 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. C. Impacts on public facilities and infrastructure. A narrative of the proposed project's impacts on public facilities and public infrastructure. D. Impacts on environmental features. A narrative of the proposed project's impacts on environmental features. E. Maps. One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions. F. Recorded plat or boundary survey. The most recently recorded Plat of the parcel(s) composingthe 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. G. 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 and all other related documents. H. Contact person. The name, address, teleohone number, and email address of a single contact person for communications between the county and the applicant. I. Payment of delinquent taxes and other charges. Satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the parcel that is the subject of the application, that are owed to the County; and have been properly assessed against the parcel, have been paid. J. 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. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Sec. 33.17 Information submitted with application; conventional districts, In addition to the information that may be required by Section 33.16, each application for a zoning man amendment to establish or amend a conventional district shall include a conceptual plan showing as applicable: A. Street network. The street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of theproject. B. Cross-sections. Typical street cross-sections to show proportions, scale and streetscape/cross- sections/circulation. C. Pedestrian and bicycle facilities. The general location of pedestrian and bicycle facilities. D. Buildings and parking. Buildingenvelopes and parkin envelopes. 26 Draft: August 24, 2018 E. Public areas. Public spaces and amenities. F. Conservation and Preservation areas. Areas to be designated as conservation areas and preservation areas. G. Stormwater management. Conceptual stormwater detention facility locations. H. Grading. Conceptual grading_ State law reference-Va. Code §.§ 15.2-2285, 15.2-2286. See, 33.18 Information submitted with application: planned development districts, including neighborhood model districts. In addition to the information that may be required by Section 33.16, each application for a zoning map amendment to establish or amend a planned development district, includinganeighborhood model district, shall include the following information: A. May. If the application 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 development district. The map shall also identify any area to be added to or deleted from the district, or identify_ the area to which the amended application plan. code of development, proffers, or anyspecial use permit or special exception would apply. B. Application Plan. If the application is to establish a planned development district, including a neighborhood model district, or to amend an approved application plan for an existing district. the applicant shall submit an application plan showing, as applicable: 1. Street network. The street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project. 2. Cross-sections. Typical street cross-sections to show proportions, scale, and streetscape/cross- sections/circulation. 3. Pedestrian and bicvcle facilities. The general location of pedestrian and bicvcle facilities. 4. Buildings and Barking. Buildingevelopes and parkin envelopes. 5. Public areas. Public spaces and amenities. 6. Conservation and preservation areas. Areas to be designated as conservation areas and preservation areas. 7. Stormwater management. Conceptual stormwater detention facility locations. 8. Grading. Conceptualrg ading. 9. Use table. 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. 27 Draft: August 24, 2018 10. Tonography. Topography. using the County's geographic information system or more accurate 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. 11. Water and sewer systems. The general layout for water and sewer systems. 12. Central features and major elements. The location of central features or mai or 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, amenitiesand recreation areas. 13. Development standards. Development standards, including proposed yards, open space characteristics, and any landscape or architectural characteristics related to scale.proportjons. and massing at the edge of the district. 14. Lot layout. A conceptual lot layout. 15. Green spaces and amenities. If the application is to establish a neighborhood model djsb ict. the location of proposed green spaces and amenities as provided in Section 20A.9. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Sec. 33.19 Information submitted with application: neighborhood model districts, In addition to the information that may be required by Sections 33.16 and 33.18, if the apTlication is to establish a neighborhood model district, the applicant shall provide the following information: A. Statement. 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. B. Neighborhood model principles. A narrative explaining the project's consistency with the neighborhood model as described in the Comprehensive Plan, C. Code of development. A code of development satisfyingthe he requirements of Section 20A.5. D. Parking and loading needs study. A parking and loading needs study that demonstrates parking needs and requirements. The study shall include strategies to address the parking needs and requjrements, including =phasing �plans, parking alternatives as provided in Section 4.12.8, and transportation demand management strategies as provided in Section 4.12.12. The Director of Planning may authorize the applicant to submit the parking and loading needs study in conjunction wjth the initial site plan for the development if the applicant shows to the Director's satisfaction that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. E. Stormwater management. Strategies to establish shared stormwater management facilities, off-site stormwater management facilities, and the proposed phasing to establish stormwater management facilities. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. 28 Draft: August 24, 2018 See, 33.20 Filing the application: determining completeness of the application: paving fees: resubmitting an application originally determined to be incomplete. Each application for a zoning map amendment shall be filed as follows: A. Where to file. The application shall be filed in the Department of Community Development. B. Number of conies to file. The Director of Planning may establish for each class of application the number of collated copies of the application required to be filed, to accept electronic applications for filing, or both. C. Determining completeness of the application. The Director of Planning shall review each filed application as follows. 1. Timing of the determination of completeness. The Director shall determine whether an application is complete within 10 days after the application was received. An application that provides all of the required information shall be determined to be complete and be accepted for review and decision. An application omittingany nv required information is incomplete and shall be deemed to not be filed and shall not be accepted for review and action. 2. Informing an applicant if the application is incomplete. If the Director determines that an application is incomplete, he shall inform the applicant by letter identifying what information must be submitted in order for the application to be complete. The letter shall be sent by first class mail or, if consented to by the applicant in writing, by fax or email (collectively_. "sent"l. or be personally delivered. The letter shall be sent or personally delivered within 10 day_ s after the application was received. 3. Effect if a timely determination is not made. If the Director does not send or personally deliver the letter as provided in subsection (C)(2) within the 10 -day period, the application shall be deemed to be complete, provided that: Cl) the Director may require the applicant to later provide the omitted information within a period specified by the Director: and (ii) the Director may refect the application because it is incomplete if the applicant fails to timely provide the omitted information. 4. If an application is incomplete: submitting information. If an application is incomplete, the applicant may submit all of the information identified in the letter provided in subsection (C)(21 within 90 days after the letter was sent or personally delivered. The Director shall review the information submitted to determine whether the application is complete as provided in this subsection (C). An incomplete application is void if the applicant fails to submit all of the information identified in the letter provided in subsection (C)(2) within 90 days after the letter was sent or personally delivered. If the applicant fails to timely submit the information identified in the letter, the applicant may proceed only filing a new application. D. Mailed notice that a complete application has been filed. For zoning map amendments pertaining to a _parcel subject to an open -space easement or a conservation easement, the Director of Planning shall provide written notice within 10 days after the application is determined to be complete to each holder of the open -space easement, other than the County, or the conservation easement. The notice shall be sent by first class mail. The notice shall inform the recipient that the application has been filed and describe the nature of the application. An action on an application shall not be declared invalid solely because of the failure to timely mail this notice. 29 Draft: August 24, 2018 E. Paving: fees. The applicant shall pay the fees required by Section 35.1 when the application is determined to be complete. The application shall not be reviewed, and any time by which action must be taken by the Commission or the Board of Supervisors shall not begin, until the applicant pays the fees. F. When an application is determined to be complete: effect. When the Director of Planning determines that the applicant has submitted all of the required information, it is determined to be complete. it is officially submitted for review and it is deemed to be referred to the Commission for the puroose of calculating the time in which action must be taken pursuant to Sections 33.26 and 33.27. State law reference-Va. Code && 15.2-2285. 15.2-2286. See, 33.21 Studies identifying potential impacts of zoning man amendment, When the filed application is complete, the Director of Planning may require an applicant to submit studies identifying the nature and extent of potential impacts resulting from a proposed zoning map amendment. In addition: A. Studies Pertaining to particular impacts. The following requirements apply to particular impacts: 1. Impacts on traffic. generally. The Director may require a traffic study for any application for a zoning map amendment. The scope of the appropriate traffic study shall be determined by the County's transportation engineer in consultation with the Virginiapartment of Transportation. 2. Impacts on public transportation facilities, public safety facilities, public school facilities, and public Parks: zoning map amendments for new residential development or new residential uses. For zoning map amendments that propose new residential development or new residential uses as defined in and subject to Virginia Code § 15.2-2303.4, studies that identify the impacts of the project on public transportation facilities, public safety facilities, public school facilities, and public parks. The studies shall identify impacts that are specifically attributable to the project and. for impacts to public facilities that are located outside of theproject. shall also identify: (il the extent to which the project creates a need, or an identifiable portion of a need, for one or more public facility improvements in excess of existing public facility capacity at the time of the zoning map amendment: and (ii) the extent to which the applicant or its successors would receive direct and material benefits from any proffer related to any public facility improvements. B. Form and content ofstudies: authority of the Director of Planning. The Director may establish the form and determine the required content of any study. C. Time to submit studies. The Director may establish deadlines by which any studies must be submitted by the applicant in order to provide County staff adequate time to review the study before scheduling the Commission's public hearing on the application. State law reference-Va. Code &§ 15.2-2285. 15.2-2286, 15.2-230315.2-2303.4. Sec, 33.22 Proffers. The Board of Supervisors may accept proffers pursuant to Virginia Code && 15.2-2303 and 15.2-2303.4 in conjunction with zoning map amendments as follows: 30 Draft: August 24, 2018 A. Purpose. Proffers are reasonable conditions proposed by the applicant governing the use of parcels being rezoned. The conditions are in addition to the regulations in this chanter that apply to the district. B. Form. Proffers shall be in writing and be in a form that is approved by the County Attorney, The Director of Planning may provide applicants with a proffer statement form. C. Proffers addressing impacts on public transportation facilities, public safety facilities, public school facilities, and public parks: zoning map amendments for new residential development or new residential uses. For zoning map amendments that propose new residential development or new residential uses as defined in and subject to Virginia Code & 15.2-2303.4, any proposed proffers addressing the impacts resulting from the new residential development or new residential uses shall comply with the requirements of Virginia Code & 15.2-2303.4(Q. D. Time to submit. The applicant shall submit proffers by the following deadlines: 1. Before the Commission's public hearing. Proposed proffers, regardless of whether they are signed by the owners of all parcels subject to the zoning map amendment, shall be submitted to the Department of Community Development at least 14 days before the Commission's public hearing on the zoning map amendment. 2. Before the Board of Supervisors' public hearing. Proposed proffers. signed by the owners of all parcels subject to the zoning map amendment, shall be submitted to the Department of Community Development before the Board's public hearing on the zoning map amendment. The Director of Planning may establish written guidelines that require signed proffers to be submitted a reasonable period of time prior to the public hearing to allow County officers and employees and members of the public a reasonable period of time to review the proffers. State law reference-Va. Code && 15.2-2303. 15.2-2303.4. Sec. 33.23 WorksessionL The Director of Planning may schedule one or more worksessions before the Board of Supervisors, the Commission, and the Architectural Review Board ("ARB"), if applicable, on any application for a zoning map amendment, subject to the following: A. Purposes for a worksession. The purposes for a worksession are to present the proposed project to the Board, the Commission, or the ARB with the Department of Community Development's analysis of the major issues, seek direction from the Board, the Commission, or the ARB on their expectations in addressing those issues. B. Factors to consider in requiring a worksession. When deciding whether to conduct a worksession, the Director shall consider: (i) the nature of the approval requested: (ii) the acreage affected: (iiil the possible impacts that could result from an approved application: and (iv) any other factors deemed relevant upon applying sound zoning principles. C. When an applicant's consent is required. The applicant's consent to a worksession is required if the worksession would extend the time for action by the Commission or the Board beyond the deadlines in Sections 33.25 and 33.26. State law reference-Va. Code && 15.2-2285. 15.2-2286. 31 Draft: August 24, 2018 Sec, 33.24 Community meetings. The applicant shall schedule and conduct one or more community meetings on any application for a zoning map amendment, unless the requirement for a community meeting is waived as provided in subsection (B), subject to the following A. Purposes for a community meeting. The p=oses for a community meeting are to 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 the regulations applicable to the proposed project, and to allow the public to ask questions about the proposed project. B. Guidelines. The Director of Planning shall establish written guidelines pertaining to notification of nearby landowners. scheduling, and conducting community meeting=s C. Community meeting may be waived: factors to consider. The Director may waive the requirement for holding a community meeting. The community meeting maybe waived when the Director. exercising reasonable discretion, decides that the meeting would not achieve the purposes for the meetjngupon considering: (i) whether the application would be likely to generate any public concerns because of the nature of the approval requested, the acreage affected, the proposed density, the proposed scale and the potential impacts: (ii) any other factors deemed relevant upon applying sound zon.ng principles: and (iii) whether the applicant has already held one or more community meetings regarding the application, making a community meeting under this section unnecessary. D. Holding in conjunction with a citizen advisory committee meeting. A community meeting maybe held during a citizen advisory committee meeting. E. When community meeting is to be held. A community meeting shall be held prior to the first public hearing on the application for a zoning map amendment. F. Additional community meetings. The Director may require that an additional community meetingbe held prior to a public hearing if a deferral has been requested and a project is resubmitted which is substantially different than the original project. State law reference-Va. Code §§ 15.2-2285, 15.2-2286, Sec. 33.25 Public hearings: notice. Public hearings on an application for a zoning map amendment are required as follows: A. When public hearings are required. The Commission shall hold at least one public hearing before it makes its recommendation to the Board of Supervisors. After the Board receives the recommendation from the Commission, it shall hold at least one public hearing before acting. B. Notice ofpublic hearings. Notice of the public hearings shall be provided as follows: 1. Published and mailed notice. The Department of Community Development shall provide notice of the public hearings before the Commission and the Board as required by Virginia Code && 15.2-2204 and 15.2-2285(C). 32 Draft: August 24, 2018 2. Posted notice. The Department of Community Development shall post notice of the public hearings by posting one or more signs as follows: a. When a sign must be posted. The sign shall be posted at least 21 days before the Commission's public hearing and shall remain posted until the Board has acted on the application or the application has been withdrawn. b. Where a sign to be located. The sign shall be erected within 10 feet of each boundary line of the parcel(s) that is the subject of the zoning map amendment abutting a street and shall be placed so that it is clearly visible from the street. If more than one street abuts the parcel(sl. 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 zoning map amendment is approved 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 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 that is not subject to the zoning map amendment in locations that are most conspicuous to the public, Before posting a sign on a parcel, the Zoning Administrator shall obtain the consent of the owner to do so if the parcel is not owned by the County. c. Content ofa 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 to defer action on an application until there is reasonable compliance with this subsection. e. Ownership of sign: violation for removingopering with sign. Each sign is the property of the County. It is unlawful for any person to remove or tamper with any sign, except the applicant performing maintenance required by this subsection or the Zoning Administrator except the County or its employees or authorized agents performing maintenance required by this subsection. f Effect of failure to comply. If the Department of Community Development fails to post any_ sign required by this subsection (Bl(21: 1. Prior to action by the Board. The Board may defer acting 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 is not invalid. Neither the Commission's recommendation nor the Board's approval of a zoning map amendment is invalid solely because of the failure to post notice as required by this subsection. State law reference-Va. Code §§ 15.2-2204, 15.2-2285, 15.2-2286. 33 Draft: August 24, 2018 Sec. 33.26 Recommendation by the Planning Commission. The Commission shall act on an application for a zoning man amendment as follows: A. Recommendation. The Commission shall either recommend approval of the zoning map amendment as proposed, approval of the zoning man amendment with recommended changes, or disapproval. The Commission's recommendation also should include its recommendations on any proposed proffers and, for any application to establish or amend a planned development district, including a neighborhood model district, its recommendations on the application plan, the code of development. and any special exception requested. B. Factors to be considered. In making its recommendation. the Commission shall consider the same factors considered by the Board of Supervisors pursuant to Section 33.27. C. Time for recommendation. The Commission shall make its recommendation on the proposed zoning map amendment within 90 days after the application is determined to be complete. The failure of the Commission to make a recommendation on the matter within the 90 -day period shall be deemed to be a recommendation of approval. The 90 -day period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code && 15.2-2284. 15.2-2285. 15.2-2286. See, 33.27 Action by the Board of Supervisors. The Board of Supervisors shall act on an application for a zoning map amendment as follows: A. Action. The Board may either adopt the zoning map amendment. denv the apnlication for a zonin map amendment, defer acting for a period of up to 36 months from the date the application was determined to be complete to allow changes to be made to the application b the he applicant prior to action by the Board, or refer the matter back to the Commission for further consideration and recommendation within the time for an action provided in subsection (C). 1. Authority to accept proffers. In approving an application for a zoning map amendment. the Board may accept the proposed proffers. 2. Intensification of use classification or expanding the land being rezoned is prohibited without additional notice and hearing. The Board may not adopt a zoning map amendment allowing a more intensive use, or including more land, than was contained in the public notice without an additional public hearing after notice is provided Dursuant to Virginia Code 66 15.2-2204 and 15.2-2285(C). B. Factors to be considered. In acting on a zoning map amendment. the Board shall reasonably consider the following factors: (i) the existing use and character of property (ii) the Comprehensive Plan: (iii) the suitability of property for various uses: (iv) the trends of growth or change: (v) the current and future requirements of the community as to land for various purnoses as determined by population and economic studies and other studies: (vi) the community's transportation requirements: (viii the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services: (viii) the conservation of natural resources: (ix) preserving flood plains: (x) protecting life and property from impounding structure failures: (xi) preserving agricultural and forestal land: (xiil conserving properties and their values: and (xiii) encouraging the most appropriate use of land 34 Draft: August 24, 2018 throughout the County. The Board's failure to expressly consider all of these factors does not invalidate its action. In addition: 1. Additional factors to be considered when acting on an application to establish planned development district, including a neighborhood model district. In addition to the other factors relevant to the consideration of a zoning man amendment, the Board shall consider the following when it reviews an application to establish a planned development district, including a neighborhood model district: (i) whether the proposed planned development satisfies the purpose and intent of the planned development district: (ii) whether the area proposed to be rezoned is appropriate for a planned development under the Comprehensive Plan: and (iii) the relation of the proposed planned development to major roads, utilities, public facilities, and public services. 2. Additional factors to be considered when acting on an application to amend existing planned development district. In addition to the other factors relevant to the consideration of a zoning map amendment. the Board shall consider the following when it reviews an application to amend an existing planned development district: (i) whether the proposed amendment reducesmaintains. or enhances the criteria of a planned development stated in Section 8.3: and (ii) the extent to which the proposed amendment impacts the other parcels within the planned development district. C. Amendments to proposed proffers after the public hearing has begun. The Board may accept, in its sole discretion, amended proffers after the public hearing on the zoning map amendment has beg 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 D. Time for action. The Board shall act on an application for a zoning map amendment within a reasonable period as may be necessary, not to exceed 12 months after the application was determined to be complete. The 12 month period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code && 15.2-2204. 15.2-2284, 15.2-2285, 15.2-2286. 15.2-2303. Sec. 33.28 Effect of approval of zoning map amendment: effect of proffers once accepted. The Board of Supervisors' adoption of a zoning map amendment constitutes acceptance of the proffers and also, for any pplication to establish or amend a planned development district, approval of the application plan, all standards of development, and the code of development. In addition: A. Become Bart ofzoning regulations. The district designation, the accepted proffers, the approved application plan, the standards of development, and the code of development, are part of the zoning regulations applicable to the parcel(s) that was the subject of the zoning map amendment. B. Effect of proffers once they are accepted. Once proffered and accepted by the Board in conjunction with an adopted zoning map amendment, the proffers continue in effect until a subsequent zoning map amendment changes the zoningof the parcel(s) subject to the proffers; provided that the proffers continue in effect if the subsequent zoning map amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. State law reference-Va. Code §§ 15.2-2285, 15.2-2286, 15.2-2303. 35 Draft: August 24, 2018 See, 33.29 Resubmitting a similar denied application within one year is prohibited, An owner may not submit an application for a zoning map amendment that is substantially the same as a denied application for a zoning map amendment for the same parcel(s) within one year after the date of the denial by the Board of Supervisors. State law reference-Va. Code && 15.2-2285. 15.2-2286. Division 4. Special Use Permits Sec, 33.30 Introduction, This division establishes the regulations and safeguards for filing, reviewing, and acting on applications for special use permits. A. Power to grant special use permits is reserved by the Board of Supervisors. The Board of Supervisors reserves the power to consider and approve or deny all applications for special use permits except as the power has been delegated to the Board of Zoning Appeals to consider and approve or deny_ applications for special use permits as provided in Section 34.5. B. Matters eligible for a special use permit. The Board may approve special use permits for those use classifications identified in the district regulations allowing identified uses by special use permit. See, 33.31 Pre -application meeting. Any prospective applicant for a special use permit shall request and hold a meeting with the Department of Community Development before filing an application with the Department. This meeting is referred to as the "pre -application meeting." A. Submitting information. The applicant shall complete and submit information on County -provided forms before or during the pre -application meeting. B. Purposes for a pre -application 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 of Planning to identify the information the applicant must submit with the application pursuant to Section 33.33. C. When a pre -application meeting is not required. The Director of Planning, exercising reasonable discretion, may decide that the pre -application meeting would not achieve the purposes for the meeting upon considering the following: (i) whether the proposed use, the proposed density proposed scale and potential impacts, and other relevant considerations applying sound zo"m principles do not warrant a pre -application meeting; (ii) whether the information delineated in section 33.33 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. 36 Draft: August 24, 2018 State law reference-Va. Code § 15.2 -2286 - Sec. 33.32 Application for a special use permit Each application for a special use permit shall be filed as follows: A. Who may file an application. An owner, a contract purchaser with the owner's consent. the owner's authorized agent (collectively in this division. the "owner" or the "applicant), or an eligible easement holder may file an application for a special use permit. An "eligNe easement holder" is a holder of an easement for which the special use permit is sought for a use allowed by the deed of easement or equivalent instrument. B. Who must sign an application. The application shall be signed by the owner or the eligible easement holder of each parcel that is the subject of the special use permit. C. Documentation regarding the authority to apply. The Director of Planning may require the applicant to submit documentation establishing ownership of, or the easement interest in, any parcel that is the subject of the application and the authority of each signatory to sign the application on behalf of the owner or the eligible easement holder. D. Application forms. The Director of Planning may establish appropriate application forms for special use permits. E. Information required to be submitted with an application. Each application shall include the information identified in Section 33.33 required by the Director of Planning to be submitted. In determining what information the applicant must submit. the Director shall consider the proposed use and other relevant considerations applying sound zoning principles. State law reference-Va. Code § 15.2-22&6— See, 33.33 Information the Director of Planning may require to be submitted with application. The Director of Planning may require any of the following information to be submitted with an application for a special use permit: A. Project proposal. A narrative of the project proposal, including its public need or benefit. B. 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. C. Impacts on public facilities and infrastructure. A narrative of the proposed projects impacts on public facilities and public infrastructure. D. Impacts on envjronmental features. A narrative of the proposed project's impacts on environmental features. E. Maps. One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions. F. Conceptual plan. A conceptual plan showing, as applicable. 37 Draft: August 24, 2018 1. Street network. The street network, including circulation within the nroiect and connections to existing and proposed or planned streets within and outside of the nroiect. 2. Cross-sections. Typical street cross-sections to show proportions, scale. and streetscape/cross-sections/circulation. 3. Pedestrian and bicycle facilities. The general location of pedestrian and bicycle facilities. 4. Buildings and narking. Building envelopes and parking envelopes. 5. Public areas. Public spaces and amenities. 6. Conservation and preservation areas. Areas to be designated as conservation areas and preservation areas. 7. Stormwater management. Conceptual stormwater detention facility locations. 8. Grading. Conceptual grading. G. 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. If the applicant is an easement holder, also the most recently recorded easement plat showing the boundaries of the easement. H. 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 and all other related documents. I. Contact person. The name, address, telephone number, and email address of a single contactperson for communications between the County and the applicant. J. Payment of delinquent taxes. Satisfactory evidence that any delinquent real estate taxesnuisance charges, stormwater management utility fees, and any other charges that constitute a lien on any parcel that is the subject of the application, that are owed to the County and have been properly assessed against the parcel, have been paid: provided that the payment of delinquent taxesnuisance charges, stormwater management utility fees, or other charges shall not be required when the applicant for a special use permit is an easement holder. K. Other information. Other special studies or documentation, if applicable, and any other information identified as necessaryby the County on the pre -application comment form. State law reference-Va. Code § 15.2 -2286 - Sec. 33.34 Filing the application: determining completeness of the application; paving fees: resubmitting an application originally determined to be incomplete Each application for a special use permit shall be filed as follows: A. Where to file. The application shall be filed with the Department of Community Development. 38 Draft: August 24, 2018 B. Number of conies to file. The Director of Planning may establish for each class of application the number of collated copies of the application required to be filed, to accept electronic apDlications for filing, or both. C. Determining completeness of the application. The Director of Planning shall review each filed application as follows. 1. Timing of the determination of completeness. The Director shall determine whether an application is complete within 10 days after the application was received. 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 is incomplete and shall be deemed to not be filed and shall not be accepted for review and action. 2. Informing an applicant if the application is incomplete. If the Director determines that an application is incomplete. the Director 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. or, if consented to by the applicant in writing, by fax or email (collectively. "sent"l. or be personally delivered. The letter shall be sent or personally delivered within 10 day_ s after the application was received. 3. Effect if timely determination is not made. If the Director does not send or personally deliver the letter as provided in subsection (C)(2) within the 10 -day period, the application shall be determined to be complete, provided that: (il the Director may require the applicant to later provide the omitted information within a period specified by the Director: and (ijl the Director may reject the application because it is incomplete if the applicant fails to timely provide the omitted information. 4. If an application is incomplete: submitting information. If an application is incomplete, the applicant may submit all of the information identified in the letter provided in subsection (C)f2) within 90 days after the letter was sent or personally delivered. The Director shall review the information submitted to determine whether the application is complete as provided in this subsection (C). An incomplete application is void if the applicant fails to submit all of the information identified in the letter provided in subsection (C)(2) within 90 days after the letter was sent or personally delivered. If the applicant fails to timely submit the information identified in the letter, the applicant may proceed only filing a new application. D. Paying fees. The applicant shall pay the fees required by Section 35.1 when the application is determined to be complete. The application shall not be further reviewed until the applicant pays the fees. E. When an application is determined to be complete: effect. When the Director of Planning determines that the applicant has submitted all of the required information, it is determined to be completeand it is officially submitted for review for the purpose of calculating the time in which action must be taken pursuant to Sections 33.39 and 33.40. F. Mailed notice to the owner that an application for a special use permit has been filed by an easement holder. The Department of Community Development shall provide written notice to the owner of the parcel for which a special use permit is sought when an application is filed b, an n eligible easement holder. The notice shall be provided within 10 days after the application for the special use permit is determined to be complete. The notice shall be sent by first class mail. The notice shall inform the 39 Draft: August 24, 2018 recipient that the aDDlication has been filed and describe the nature of the application. An action on an application shall not be declared invalid solely because of the failure to timely mail this notice. G. Mailed notice to certain easement holders that an application for a special use permit has been filed. For special use permit applications pertaining to a parcel subject to an open -space easement or a conservation easement. the Director of Planning shall provide written notice within 10 days after the application is determined to be complete to each holder of the open -space easement, other than the County, or the conservation easement. The notice shall be sent by first class mail. The notice shall inform the recipient that the application has been filed and describe the nature of the application. An action on an application shall not be declared invalid solely because of the failure to timely mail this notice. State law reference-Va. Code § 15.2-2286. Sec. 33.35 Studies identifying potential impacts of special use hermit. When the filed application is complete. the Director of Planning may require an applicant to submit studies identifying the nature and extent of potential impacts resulting from a proposed special use permit. State law reference-Va. Code § 15.2-2286. Sec. 33.36 Worksessions. The Director of Planning =may schedule one or more worksessions before the Board of Supervisors. the Commission, and the Architectural Review Board ("ARB"), if applicable, on any application for a zoning map amendment, subject to the following: A. Purposes for a worksession. The purposes for a worksession are to present the proposed project to the Board. the Commission, or the ARB with the Department of Community Development's analysis of the major issues, seek direction from the Board. the Commission, or the ARB on their expectations in addressing those issues. B. Factors to consider in requiring a worksession. When deciding whether to conduct a worksession. the Director shall consider: (i) the nature of the approval requested: (ii) the acreage affected: (iiil the possible impacts that could result from an approved application: and (iv) any other factors deemed relevant upon applying sound zoning principles. C. When an applicant's consent is 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 Sections 33.39 and 33.40. Sec, 33.37 Community meetings The applicant shall schedule and conduct one or more community meetings on any pplication for a special use permit, unless the requirement for a community meeting is waived as provided in subsection (B), subject to the following: A. Purposes for a community meeting. The p=oses for a community meeting are to provide interested members of the public the opportunity to receive information about the proposed project. the 40 Draft: August 24, 2018 applicable procedure, the policies of the Comprehensive Plan and other relevant policies, and the regulations applicable to the proposed project. and to allow the public to ask questions about the roposedproject. B. Guidelines. The Director of Planning shall establish written guidelines pertaining to notification of nearby landowners. scheduling, and conducting community meetings. C. Community meeting may be waived: factors to consider. The Director may waive the requirement for holding a community meeting. The community meeting may be waived when the Director. exercising reasonable discretion, decides that the meeting would not achieve the purposes for the meeting upon considering: (i) whether the application would be likely to generate any public concerns because of the nature of the approval requested, the acreage 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, making a community meeting under this section unnecessary. D. Holding in conjunction with a citizen advisory committee meeting. A community meeting may_ be held during a citizen advisory committee meetin, . E. When community meeting is to be held. A community meeting shall be held prior to the first public hearing on the application for a zoning map. F. Additional community meetings. The Director may require that an additional community meeting be held prior to a public hearing if a deferral has been requested and a project is resubmitted which is substantially different than the original project. State law reference-Va. Code § 15.2 -22S6 - Sec. 33.38 Public hearings: notice. Public hearings on an application for a special use permit are reauired as follows: A. When public hearings are required. The Commission shall hold at least one public hearing before it makes its recommendation to the Board of Supervisors. After the Board receives the recommendation from the Commission, it shall hold at least one public hearing before acting. B. Notice of public hearings. Notice of the public hearings shall be provided as follows: 1. Published and mailed notice. The Department of Community Development shall provide notice of the public hearing before the Commission and the Board as required by Virginia Code § 15.2- 2204(A) and (B), as otherwise required for a zoning map amendment. and Virginia Code -§ 15.2- 2204 C . 2. Posted notice. The Department of Community Development shall post notice of the public hearings before the Commission and the Board as follows: a. When a sign must be posted. The sign shall be posted at least 21 days before the Commission's public hearing on the application and shall remain posted until the Board has acted on the application or the application has been withdrawn. 41 Draft: August 24, 2018 b. Where a sign is to be located. The sign shall be erected within 10 feet of each boundary line of the parcel(s) that is the subject of the special use permit abutting a street and shall be placed so that it is clearly visible from the street. If more than one street abuts the parcel (sl. 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 zoning map amendment is approved 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 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 that is not subject to the zoning map amendment in locations that are most conspicuous to the ublic. Before posting a sign on a parcel. the Zoning Administrator shall obtain the consent of the owner to do so if the parcel is not owned by the County. c. Content ofa 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 to defer action on an application until there is reasonable compliance with this subsection. e. Ownership of sign: violation for removing or tampering with sign. Each sign is the property of the Countv. It is unlawful for any person to remove or tamper with any signexcept the applicant performing maintenance required by this subsection or the Zoning Administrator. f. Effect ofailure to come. If the Department of Community Development fails to post any sign required by this subsection(Bl(21: 1. Prior to action by the Board. The Board may defer acting 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 is not invalid. Neither the Commission's recommendation nor the Board's approval of a zoning map amendment is invalid solely because of the failure to post notice as required by this subsection. State law reference-Va. Code && 15.2-2204. 15.2-2286. Sec. 33.39 Recommendation by the Planning Commission, The Commission shall act on an application for a special use permit as follows: A. Recommendation. The Commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the Board of Supervisors, or denial of the application. B. Factors to be considered. In making its recommendation. the Commission shall consider the same factors considered by the Board under Section 33.40. 42 Draft: August 24, 2018 C. Conditions. The Commission's recommendation should include its recommendations on any proposed conditions, applying the same criteria applied by the Board under section 33.40. D. Time for recommendation. The Commission shall make its recommendation on the application within 90 days after the application is determined to be complete. The failure of the Commission to make a recommendation on the matter within the 90 -day period shall be deemed to be a recommendation of approval. The 90 -day period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code § 15.2 -22S6 - See, 33.40 Action by the Board of Suuervisors. The Board of Supervisors shall act on an application for a special use permit as follows: A. Action. The Board may either approve the special use permit, deny the application, or defer action to either allow changes to be made to the application or any proposed conditions prior to final action by the Board, or to refer the matter back to the Commission for further consideration and recommendation within the time for an action provided in subsection(Dl. B. Factors to be considered. In acting on a special use permit, the Board shall consider the following factors, provided that the Board is not required to make specific findings in pport of its action. 1. No substantial detriment. Whether the proposed special use will be a substantial detriment to adjacent parcels. 2. Character of the nearby area is unchanged. Whether the character of the adjacent parcels and the nearby area will be changed by the proposed special use. 3. Harmony. Whether the proposed special use will be in harmony with the purpose and intent of this chapter, with the uses permitted by right in the district, with the regulations provided in Section 5 as applicable, and with the public health, safety, and general welfare. 4. Consistency with the Comprehensive Plan. Whether the proposed special use will be consistent with the Comprehensive Plan. C. Conditions. In approving a special use permit, the Board may impose reasonable conditions to address any possible impacts of the special use. Except as the Board may specify in a particular case, any condition imposed on a special use shall be deemed to be essential and nonseverable from the permit itself. Any condition determined to be unreasonable, invalid, void, or unlawful shall invalidate the special use permit. The conditions may pertain to, but are not limited to, the following: 1. Preventing or minimizing smoke, dust, noise, traffic congestion, flood. and other hazardous deleterious or otherwise undesirable substances or conditions. 2. Providing adequate police and fire protection. 3. Providing adequate improvements pertaining to transportation, water, sewage, drainage. recreation, landscaping, and screening or buffering_ 43 Draft: August 24, 2018 4. Establishing special requirements relating to building setbacks, front, side, and rear yards, off- street parking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building heights, and other particular aspects of occupancy or use. 5. The period by which the use or the construction of any structure required for the use mustbeign. 6. The materials and methods of construction or specific design features: provided that any condition imposed in connection with a residential special use permit: (i) shall be consistent with the objective of providing affordable housing if the applicant proposes affordable housing: and (ii) shall consider the impact of the condition on the affordability of housing. D. Time for action. The Board shall act on an application for a special use permit within a reasonable period not to exceed nine months after the date the Commission made its recommendation on the application. The 12 month period may be extended if the applicant requests a deferral pursuant to Section 33.52. Sec. 33.41 Revoking a special use permit for noncompliance with conditions The Board of Supervisors may revoke a special use permit if it determines, after a public hearing, that the permittee or any successor has not complied with any conditions of the permit. Notice of the public hearing shall be as provided in Section 33.38. The written notice given by the Clerk of the Board to the owners, their agents, or the occupants of abutting parcels and parcels immediately across the street from the parcel(s) subject to the special use permit may be given by first-class mail rather than by registered or certified mail. State law reference-Va. Code && 15.2-2204. 15.2-2286. Sec, 33.42 Resubmitting a similar denied application within one year is prohibited An owner may not submit an application for a special use permit that is substantially the same as a denied application for a special use permit for the same parcel(s) within one year after the date of the denial by the Board of Supervisors. Division 5. Special Exceptions 43 Introduction This division establishes the regulations and safeguards for filing, reviewing. and acting on aDDlications for special exceptions. A. Power tor�special exceptions is reserved by the Board of Supervisors. The Board of Supervisors reserves the power to consider and approve or deny all applications for special exceptions. B. Matters eligible for a special exception. The Board may approve special exceptions to waive, modify. varv. or substitute anv reauirement of this chanter that is exDressly authorized to be waived. modified. varied, or substituted. 44 Draft: August 24, 2018 C. Variations and exceptions distinguished. A special exception is not required for any matter that may be varied or excepted under Section 32 or Chanter 14, or for developing and constructing residential dwellings at the use, height, and density permitted by right in the applicable district as provided by Virginia Code & 15.2-2288.1. State law reference-Va. Code § 15.2 -22S6 - See. 33.44 Application for a special exception. Each application for a special exception shall be filed as follows: A. Who may file an application. An owner, a contract purchaser with the owner's consent. the owner's authorized agent (collectively in this division. the "owner" or the "applicant"), or an eligible easement holder may file an application for a special exception permit. An "eligible easement holder" is a holder of an easement for which the special exception is sought that pertains to a use allowed by the deed of easement or equivalent instrument. B. Who must sign an application. The application shall be signed by the owner or the eligible easement holder of each parcel that is the subject of the special exception. C. Documentation regarding the authority to apply. The Director of Planning may require the applicant to submit documentation establishing ownership of_ or the easement interest in, any parcel that is the subi ect of the application and the authority of each signatory torte afte pplication on behalf of the owner or the eligible easement holder. D. Application forms. The Director of Planning may establish appropriate application forms for special exceptions. E. Information required to be submitted with an application. Each application shall include the information required b, the he applicable section of this chapter authorizing the waiver, modification. variation or substitution. State law reference-Va. Code § 15.2-2286. Sec, 33.45 Filing the application: determining completeness of the application: paving fees: resubmitting an application originally determined to be incomplete. Each application for a special exception shall be filed as follows: A. Where to file. The application shall be filed with the Department of Community Development. B. Number of copies tofile. The Director of Planning may establish for each class of application the number of collated copies of the application required to be filed, to accept electronic applications for filing,, or both. C. Determining completeness of the application. The Director of Planning shall review each filed application as follows: 1. Timing of the determination of completeness. The Director shall determine whether an application is complete within 10 days after the application was received. An application that provides all of the required information shall be determined to be complete and be accepted for review and 45 Draft: August 24, 2018 decision. An application omitting any required information is incomplete and shall be deemed to not be filed and shall not be accepted for review and action. 2. Informing an applicant if the application is incomplete. If the Director determines that an application is incomplete. the Director 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. or, if consented to by the applicant in writing, by fax or by email (collectively. "sent"), or be personally delivered. The letter shall be sent or personally delivered within 10 days after the application was received. 3. Effect if timely determination is not made. If the Director does not send or personally deliver the notice as provided in subsection (C)(2) within the 10 -day period. the application shall be deemed to be complete, provided that: (i) the Director may require the applicant to later provide the omitted information within a period specified by the Director: and (ii) the Director may reject the application as provided herein if the applicant fails to timely provide the omitted information. 4. If an application is incomplete: submitting information. If an application is incomplete, the applicant may submit all of the information identified in the letter provided in subsection Cl(2) within 90 days after the letter was sent or personally delivered. The Director shall review the information submitted to determine whether the application is complete as provided in this subsection (C). An incomplete application is void if the applicant fails to submit all of the information identified in the letter provided in subsection (C)(2) within 90 days after the letter was sent or personally delivered. If the applicant fails to timely submit the information identified in the letter, the applicant may proceed only by filing application. D. Paving fees. The applicant shall pay the fees required by Section 35.1 when the application is determined to be complete. The application shall not be further reviewed until the applicant pays the fees. E. When an application is determined to be complete: effect. When the Director of Planning determines that the applicant has submitted all of the required informatiomn. it is determined to be complete, and it is officially submitted for review for the purpose of calculating the time in which action must be taken pursuant to Sections 33.48 and 33.49. F. Mailed notice to the owner that an application for a special exception has been fled by an easement holder. The Department of Community Development shall provide written notice to the owner of the parcel for which a special exception is sought when an application is filed by an eligible easement holder. The notice shall be provided within 10 days after the application for the special exception is determined to be complete. The notice shall be sent by first class mail. The notice shall inform the recipient that the application has been filed and describe the nature of the application. An action on an application shall not be declared invalid solely because of the failure to timely mail this notice. G. Mailed notice to certain easement holders that an application for a special exception has been filed. For special exception applications pertaining to a parcel subject to an open -space easement or a conservation easement. the Director of Planning shall provide written notice within 10 days after the application is determined to be complete to each holder of the open -space easement, other than the County, or the conservation easement. The notice shall be sent by first class mail. The notice shall inform the recipient that the application has been filed and describe the nature of the application. An action on an application shall not be declared invalid solely because of the failure to timely mail this notice. 46 Draft: August 24, 2018 State law reference-Va. Code § 15.2-2286. Sec. 33.46 Studies identifying potential impacts of special exception, When the filed application is complete, the Director of Planning may require an applicant to submit studies identifying the nature and extent of potential impacts resulting from a proposed special exception. State law reference-Va. Code § 15.2 -22S6 - See, 33.47 Public hearings: when required: notice. Public hearings on an application for a special exception are required as follows: A. When public hearings are required. The Commission and the Board of Supervisors shall each hold at least one public hearing on any application for a special exception that would increase by greater than 50 percent the bulk or height of an existing or proposed building within one-half mile of an adioining locality. B. When the Board of Supervisors may elect to have the Commission make a recommendation on the application and to hold one or more public hearings. When public hearings are not required under subsection (A), the Board may elect, either by policy or for an individual application, to have the Commission first make a recommendation on the application for a special exception and for either the Commission or itself to hold one or more public hearings. C. Notice ofnublic hearings. When public hearings are required under subsection (A), the Department of Community Development shall provide notice of the public hearings before the Commission and the Board pursuant to Virginia Code & 15.2-2204(C). State law reference-Va. Code §§ 15.2-2204. 15.2-2286. Sec, 33.48 Recommendation by the Planning Commission when required. The Commission shall act on an application for a special exception as follows: A. When a Commission recommendation is required. The Commission is required to act on an application for a special exception only if a public hearing on the application is required by Section 33.47(A) or the Board of Supervisors elects to have the Commission consider the application under Section 33.47(Bl. B. Recommendation. The Commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the Board. or denial of the application. C. Factors to be considered. In making its recommendation, the Commission shall consider the factors standards, criteria, and findings, however denominated, in thea licable sections of this chater. D. Conditions. The Commission's recommendation should include its recommendations on the proposed conditions. E. Time for a recommendation. The Commission shall make its recommendation on the application within 45 days after the application is determined to be complete. The failure of the Commission to 47 Draft: August 24, 2018 make a recommendation on the matter within the 45 -day period shall be deemed to be a recommendation of approval. The 45 -day period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code § 15.2 -2286 - See. 33.49 Action by the Board of Supervisors. The Board of Supervisors shall act on an application for a special exception as follows: A. Action. The Board may either approve the application, deny the application. or defer action to either allow changes to be made to the application or any proposed conditions prior to final action by the Board or to refer the matter to the Commission for further consideration and recommendation within the time for an action provided in subsection (D). B. Factors to be considered. In actin on�a Special exception. the Board shall consider the factors_ standards, criteria, and findings, however denominated, in the applicable sections of this chapter. provided that the Board shall not be required to make specific findings in support of its action. C. Conditions. In approving a special exception. the Board may impose reasonable conditions to address any possible impacts of the special exception. Except as the Board may specify in a particular case. any condition imposed on a special exception shall be deemed to be essential and nonseverable from the special exception itself. Any condition determined to be unreasonable, invalid, void, or unlawful shall invalidate the special exception. D. Time for action. The Board shall act on an application for a special exception within 90 days after the application is determined to be complete. The 90 -day period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code § 15.2 -22&6 - Revoking a special exception for noncompliance with condition The Board of Supervisors may revoke a special exception if the Board determines, after a publichearin& that the permittee or any successor has not complied with any conditions of the special exception. Notice of the public hearing shall be as provided in Virginia Code & 15.2-2204. The written notice given by the Clerk of the Board to the owners, their agents, or the occupants of abutting= parcels and parcels immediately across the street from the parcel(s) subject to the special exception may bei ven by frst- class mail rather than by registered or certified mail. law reference-Va. Code 68 15.2-2204. 15.2-22 mitting a similar denied application within on An owner may not submit an application for a special exception that is substantially the same as a denied application for a special exception for the same parcel(s) within one ,year after the date of the denial by the Board of Supervisors. State law reference-Va. Code § 15.2-22&6- 48 Draft: August 24, 2018 Division 6. Deferring Action and Withdrawing an Application Sec. 33.52 Deferring action, After submitting an application but before action by the Board of Supervisors, an applicant for a zoning map amendment, special use permit, or special exception may request a deferral as follows: A. Request for deferral on applications submitted on and after September S. 2018. For any application submitted on and after September 5, 2018, the applicant may request that the County suspend review of the application and extend the time period for action by the Commission or the Board(the terms "suspend review" and "extend the tie for action" are collectively referred to as a "deferral" or a variation of that word) as follows: 1. Request for deferral. The applicant shall submit the written request to defer to the Director of Planning. The request shall state the date by which the applicant requests the Board will act on the application, which may not exceed 36 months after the date the application was determined to be complete. 2. Limitation, The application may not be in a state of deferral beyond 32 months after the date the application was determined to be complete if the Commission has not vet held a public hearing on the application: and further Provided that the application may not be in a state of deferral beyond 33 months after the date the application was determined to be complete if the Commission has held a public hearing and made a recommendation on the application. 3. Effect of receiving request. Upon the Director of Planning receiving a request for a deferral, review of the application shall stop and any advertised public hearing shall be cancelled. However, an applicant may resubmit information for review according to the published schedule established by the Director in anticipation of action by the Board before the deferral period ends. B. Request for deferral on applications submitted more than 36 months before September 5. 2018. For any pplication submitted more than 36 months before September 5, 2018, the applicant shall submit a written request to defer to the Director within 30 days after the applicant receives written notice from the Director about the requirements of this subsection, The Board shall act on the application within 12 months after September 5, 2018, C. Request for deferral on applications submitted less than 36 months before September 5. 2018. For any application submitted less than 36 months before September 5, 2018, the applicant shall submit a written request to defer to the Director within 30 days after the applicant receives written notice from the Director about the requirements of this subsection. The Board shall act on the application within the 36 -month period or a reasonable period of time beyond the 36 -month period required to complete the review of the application and to hold any required public hearings, Sec, 33.53 Requesting action after deferral. After the applicant's request for a deferral is granted by the Director of Planning, the applicant is responsible for requesting action by the Commission or the Board of Supervisors as follows: A. Request for action by the Commission. When the applicant is ready for action by the Commission. the applicant shall make a written request to the Director of Planning and submit all information 49 Draft: August 24, 2018 necessary for action according to the published schedule established by the Director. B. Request for action by the Board ofSunervisors. When the applicant is ready for action by the Board. the applicant shall make a written request to the Director of Planning and submit all information necessary for action according to the published schedule established by the Director. C. When the request for action must be received. The written request shall be received by the Director no later than 120 days before the end of the deferral period. D. Action on an application by the Board ofSunervisors. The Board may act on the application at any time before the end of the deferral period: provided that the Board may act on the application as soon thereafter as: (il the Commission has held a public hearing and made a recommendation: and (iil Countv staff has had sufficient time to analyze the application and satisfy all public notice requirements. On any Mplication pending before the Board. the Director of Planning shall coordinate schedulingthe he application for public hearing or action, or both, with the Clerk of the Board. E. Extension of action beyond the end of the deferral period in extenuating circumstances. The time for action may be extended beyond the end of the deferral period if there are extenuating circumstances which include, but are not limited to. inclement weather, civil emergencies, or errors in providing ublic notice as required by State law. State law reference-Va. Code § 15.2 -2286 - Sec. 33.54 Withdrawing an application. An applicant for a zoning map amendment, special use permit, or special exception may request that its application be withdrawn, or an application may be deemed withdrawn, as follows: A. Withdrawing an application. An applicant for a zoning map amendment, special use permit, or special exception may request that its application be withdrawn by submitting a written request to withdraw the application as follows. 1. To whom the request is to be sent. The written request must be sent to the Director of Planning. If the application is pending before the Board of Supervisors at the time the request is received. the Director shall immediately inform the Clerk of the Board of the request. 2. When the request must be received. The request must be received by the Director or the Clerk before the Commission or the Board, as applicable, begins to consider the application on a meetinga eg nda. 3. Effect oftimely receipt of request to withdraw. When the request to withdraw is receivedthe application shall not be further processed or reviewed by County staffnor acted on by the Commission or the Board. 4. Resubmitting a similar withdrawn application within one year prohibited. An owner may not submit an application that is substantially the same as a withdrawn application for the same parcel(s) within one ,year after the date of the withdrawal. B. When an application is deemed withdrawn. An application shall be deemed to be voluntarily withdrawn if the applicant requests deferral pursuant to subsection 33.52(A) and fails to provide 50 Draft: August 24, 2018 within 90 days before the end of the deferral period all of the information required to allow the Board to act on the application, or fails to request a deferral as provided in subsection 33.52(B) or (Cl. State law reference-Va. Code § 15.2-228-6- 1, Claudette K. Borgersen, 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 Mr. Gallaway Ms. Mallek Ms. McKeel Ms. Palmer Mr. Randolph Clerk, Board of County Supervisors 51 COUNTY OF ALBEMARLE STAFF REPORT AGENDA TITLE: ZTA 2017-06 Updates and AGENDA DATE: 8/7/18 Clarifications to Section 33 Zoning Text Amendments, Zoning Map Amendments, Special ACTION: X INFORMATION: Use Permits and Special Exceptions CONSENT AGENDA: SUBJECT/PROPOSAL/REQUEST: Public ACTION: INFORMATION: hearing on changes to Section 33 -Zoning Text Amendments, Zoning Map Amendments, Special ATTACHMENTS: Yes Use Permits and Special Exceptions STAFF CONTACT(S): Greg Kamptner, Elaine Echols, Bill Fritz DESCRIPTION: An ordinance amending Secs. 18-33.1, Purpose and intent, through Sec. 18-33.9, Special exceptions; relevant factors to be considered conditions, of Chapter 18, Zoning, of the Albemarle County Code. Section 18-33 establishes the procedures and requirements for zoning text amendments (ZTAs), zoning map amendments (ZMAs), special use permits (SPs), and special exceptions (SEs). The proposed ordinance would reorganize Section 18-33 by, among other things, splitting existing sections into multiple sections and organizing those sections into divisions based on the type of application or action, and would revise, clarify and standardize the text. The primary proposed substantive changes would: (1) amend the times by which recommendations and actions must be taken on ZTAs and County -initiated ZMAs (County Code §§ 18-33.5, 18-33.6, 18-33.11, and 18-33.12); (2) amend the criteria considered by the Director of Planning to not require certain information with applications for ZMAs and SPs (County Code §§ 18-33.15 and 18-33.32); (3) allow applications for ZMAs, SPs, and SEs to be electronically filed (County Code §§ 18-33.20, 18-33.34, and 18-33.45); (4) require notice to be given to open -space and conservation easement holders when complete ZMA, SP, or SE applications affecting the property are filed (County Code §§ 18-33.20, 18- 33.34, and 18-33.45); (5) establish procedures and consequences when applications for ZMAs, SPs, and SEs are incomplete (County Code §§ 18-33.20, 18-33.34, and 18-33.45); (6) authorize the Director of Planning to require studies to identify impacts of ZMAs, SPs, and SEs (County Code §§ 18-33.21, 18-33.35, and 18-33.46); (7) incorporate the requirements of Virginia Code § 15.2-2303.4 for proffers related to residential and mixed use residential ZMAs; (8) amend the criteria for determining when a community meeting may be required for a ZMA or SP (County Code §§ 18-33.24 and 18-33.37); (9) establish when an application for an SE must be reviewed by the Planning Commission (County Code § 18-33.48); (10) authorize an SE to be revoked for noncompliance with conditions (County Code § 18- 33.50); and (11) amend the procedures and requirements to withdraw an application, to suspend application review and defer action, and to take action after deferral (County Code §§ 18-33.52, 18- 33.53, and 18-33.54). The proposed ordinance would also: (1) delete the procedure that allowed any member of the public to apply for a ZTA (current County Code § 18-33.2); and (2) delete the State law reference to judicial review of Board of Supervisors' decision on a ZMA or SP (current County Code § 18-33.4(t)). ZTA 17-06 PC August 7, 2018 Staff Report Page 1 PUBLIC PURPOSE TO BE SERVED: To clarify and modify regulations and procedures related to the administration of Section 33 for ease of understanding and administration for the staff and the public. BACKGROUND: A resolution of intent was adopted by the Board of Supervisors on April 5, 2017 and a work session specifically for deferrals and community meeting changes was held by the Commission on July 17, 2018 (See Attachment A). DISCUSSION: Section 33 contains procedural requirements related to ZTAs, ZMAs, SPs, and SEs. At the July 17 meeting on deferrals and community meeting changes, staff mentioned that the proposed ordinance amendment would also recommend changes from the County Attorney. These changes include: • reorganizing Section 18-33 by, among other things, splitting existing sections into multiple sections and organizing those sections into divisions based on the type of application or action, and would revise, clarify and standardize the text; • amending the times by which recommendations and actions must be taken on ZTAs and County -initiated ZMAs; • amending the criteria considered by the Director of Planning to not require certain information with applications for ZMAs and SPs; • allowing applications for ZMAs, SPs, and SEs to be electronically filed; • requiring that notice to be given to open -space and conservation easement holders when complete ZMA, SP, or SE applications affecting the property are filed; • establishing procedures and consequences when applications for ZMAs, SPs, and SEs are incomplete; • authorizing the Director of Planning to require studies to identify impacts of ZMAs, SPs, and SEs • incorporating the requirements of Virginia Code § 15.2-2303.4 for proffers related to residential and mixed use residential ZMAs; • authorizing an SE to be revoked for noncompliance with conditions; and • deleting the State law reference to judicial review of Board of Supervisors' decision on a ZMA or SP. Attachments B and C contain the proposed changes and an annotated version for proposed changes to Section 33, respectively. Due to the extensive reorganization of the section, staff was not able to create a "table of changes" as was done for the deferral section. Instead, the County Attorney has provided an explanation of each change in the annotated version. These attachments also include the proposed changes discussed by the Commission on July 17. The format of the changes is different than what the Commission previously viewed; however, the content is the same. Attachment D provides the flow chart that was distributed at the July 17 meeting. At the work session on July 17, the Planning Commission generally agreed with the changes proposed by staff. The Commission requested that staff look at two additional changes which are explained below: 1. Add language that allows the Planning Director to require a second community meeting if a deferral has taken place and substantive changes have occurred to an application. Staff has incorporated changes for community meetings in Sections 33.24 and 33.27 to give the Planning Director authority to require a second community meeting in certain circumstances. ZTA 17-06 PC August 7, 2018 Staff Report Page 2 2. See whether any opportunity exists to place the burden of responsibility on the applicant to respond to staff comments or withdraw an application rather than bring an underdeveloped proposal to the Commission for public hearing. The County Attorney has advised that no such opportunity exists because state law requires that a public hearing be held within 90 days of official submittal. An additional question was raised at the Planning Commission meeting regarding the County's ability to consider a request withdrawn under the current language, "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 application to take action on the application within one (1) year after the date the deferral was requested." While this statement might appear adequate, it does not capture all of the circumstances in which a postponement may take place. Some examples include: An applicant requests deferral to a definite date then fails to resubmit or pay a public hearing fee; or An applicant fails to request a deferral; or A deferral is requested and an applicant resubmits but never requests a public hearing date. At present, the County's only option would be to advertise and hold a public hearing without receiving payment for the notifications from the applicant. However, payment of the fee by the applicant is required under Section 35 Fees. As mentioned at the July 17 meeting, the proposed changes to Section 33 involve the need for concurrent adoption of changes to Section 35 Fees. A separate staff report for Section 35 includes a resolution of intent and additional information related to this proposed ordinance amendment. BUDGET IMPACT: Time savings will occur from these changes and no additional staff or funding is expected from these amendments. RECOMMENDATION: Staff recommends that the Commission recommend approval of the draft ordinance found in Attachment B. ATTACHMENTS: Attachment A: July 17, 2018 Staff Report Attachment B: Proposed Section 33 Amendment dated July 23, 2018 Attachment C: Proposed Section 33 Amendment dated July 23, 2018 Annotated Attachment D: Flow Chart presented at July 17, 2018 meeting ZTA 17-06 PC August 7, 2018 Staff Report Page 3 Albemarle County Planning Commission August 7, 2018 The Albemarle County Planning Commission reconvened from the 3:00 p.m. work session to a regular meeting at 6:00 p.m., at the County Office Building, Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Planning Commissioners attending were Tim Keller, Chair; Julian Bivins, Pam Riley, Vice -Chair; Daphne Spain, and Bruce Dotson. Absent was Karen Firehock, Jennie More and Bill Palmer, UVA representative. Other officials present were Elaine Echols, Chief of Planning; Bill Fritz, Manager of Special Projects, Chip Boyles, Thomas Jefferson Planning District Commission; Margaret Maliszewski, Chief of Planning; Heather McMahon, Senior Planner; Sharon Taylor, Clerk to Planning Commission and Greg Kamptner, County Attorney. Call to Order and Establish Quorum Mr. Keller, Chair, called the regular meeting of the Albemarle County Planning Commission to order at 6:00 p.m. and established a quorum. The meeting moved to the next item. Public Hearing ZTA-2017-00006 Section 33 -Zoning Text Amendments, Zoning Map Amendments, Special Use Permits and Special Exceptions The Planning Commission will hold a public hearing to receive comments on its intention to recommend adoption of an ordinance amending Secs. 18-33.1, Purpose and intent, through Sec. 18-33.9, Special exceptions; relevant factors to be considered conditions, of Chapter 18, Zoning, of the Albemarle County Code. Section 18-33 establishes the procedures and requirements for zoning text amendments (ZTAs), zoning map amendments (ZMAs), special use permits (SPs), and special exceptions (SEs). The proposed ordinance would reorganize Section 18-33 by, among other things, splitting existing sections into multiple sections and organizing those sections into divisions based on the type of application or action, and would revise, clarify and standardize the text. The primary proposed substantive changes would: (1) amend the times by which recommendations and actions must be taken on ZTAs and County -initiated ZMAs (County Code §§ 18-33.5, 18-33.6, 18-33.11, and 18-33.12); (2) amend the criteria considered by the Director of Planning to not require certain information with applications for ZMAs and SPs (County Code §§ 18-33.15 and 18-33.32); (3) allow applications for ZMAs, SPs, and SEs to be electronically filed (County Code §§ 18-33.20, 18-33.34, and 18-33.45); (4) require notice to be given to open -space and conservation easement holders when complete ZMA, SP, or SE applications affecting the property are filed (County Code §§ 18-33.20, 18-33.34, and 18- ALBEMARLE COUNTY PLANNING COMMISSION —August 7, 2018 PARTIAL DRAFT MINUTES — ZTA-2017-6 Updates and Clarifications Section 33 — 18-461 33.45); (5) establish procedures and consequences when applications for ZMAs, SPs, and SEs are incomplete (County Code §§ 18-33.20, 18-33.34, and 18-33.45); (6) authorize the Director of Planning to require studies to identify impacts of ZMAs, SPs, and SEs (County Code §§ 18- 33.21, 18-33.35, and 18-33.46); (7) incorporate the requirements of Virginia Code § 15.2-2303.4 for proffers related to residential and mixed use residential ZMAs; (8) amend the criteria for determining when a community meeting may be required for a ZMA or SP (County Code §§ 18- 33.24 and 18-33.37); (9) establish when an application for an SE must be reviewed by the Planning Commission (County Code § 18-33.48); (10) authorize an SE to be revoked for noncompliance with conditions (County Code § 18-33.50); and (11) amend the procedures and requirements to withdraw an application, to suspend application review and defer action, and to take action after deferral (County Code §§ 18-33.52, 18-33.53, and 18-33.54). The proposed ordinance would also: (1) delete the procedure that allowed any member of the public to apply for a ZTA (current County Code § 18-33.2); and (2) delete the State law reference to judicial review of Board of Supervisors' decision on a ZMA or SP (current County Code § 18-33.4(t)). A copy of the full text of the ordinance is on file in the office of the Clerk of the Board of Supervisors and in the Department of Community Development, County Office Building, 401 McIntire Road, Charlottesville, Virginia. (Elaine Echols) Ms. Echols noted that she needed to find the document. Ms. Spain said asked for clarification between a special exception and a special use permit while Elaine is doing that, and Mr. Keller asked that she tell us about what is on the dais. Ms. Spain said this attractive award went to Elaine Echols for her work and that of the staff on the 2016 Planning Commission annual report. She said it was recognized by the Virginia Chapter of the American Planning Association as one of the best over two dozen nominations in this category of citizen planning and so we are very appreciative to Elaine for making this happen and making the Commission look good. Thank you. Ms. Echols replied that it was very special to receive that award and that we all did this together so thank you all for everything you did, too. Mr. Keller asked staff to answer Ms. Spain's question first. Mr. Fritz replied that a special use permit is a legislative action that is permitting a use that is by special use permit in a particular zoning district. A special exception in its simplest form, we used to call those waivers or modifications, and it where you are adopting a different provision or modifying the provisions of a planned development. Ms. Spain asked have we seen those recently. Mr. Fritz replied that special exceptions go to the Board of Supervisors. Ms. Spain said so special exceptions do not come to the Planning Commission. ALBEMARLE COUNTY PLANNING COMMISSION —August 7, 2018 2 PARTIAL DRAFT MINUTES — ZTA-2017-6 Updates and Clarifications Section 33 — 18-461 Ms. Echols replied that special exceptions do come to the Commission when there is a planned district where something requires a special exception and it is included with that zoning map amendment (ZMA). Typically, staff has a report with an analysis of the special exception within that ZMA or SP report. Mr. Fritz pointed out that the Commission also sees special exceptions in instances where staff may not be recommending approval of the special exception and we will bring it to you. He said the Commission saw a special exception on the wireless facility not that long ago about the attachments to the high voltage power lines that was then taken to the Board of Supervisors. He said that was the simplest way of explaining it. Elaine Echols said she will not be able to see this amendment through and Bill Fritz and Greg Kamptner, County Attorney, will be carrying it on through. This has been a joint effort among at least the three of us if not more trying to modernize Section 33, which the bulk of the work Greg did and Bill has been part of the whole thing. She said if there were questions about the content that Greg or Bill would probably be the ones who jump in. She said we are having the public hearing tonight on this group of changes that really originated from the County Attorney's Office and as you know Section 33 relates to the processes and procedures for special use permits (SP), zoning map amendments (ZMA), special exceptions (SE) and zoning text amendments (ZTA). The proposed changes were the ones outlined in the staff report; the first one was to: - Reorganize Section 18-33 into multiple sections and adding the things that are pertinent to each section with that section. - Adding deadlines for action for county initiated ZTA's and ZMA's and applicant initiated ZMA's and SP's. - Allowing the planning director to not require certain information when that information is not relevant. - Ability to file electronically. - Requiring notice to open space and conservation easement holders, which is also very important. - Adding criteria for completeness that has to do with the fact that we get a lot of applications that are just not complete when turned in. What we have added to this section is some procedures for what do we do when we get those incomplete applications. - The changes in the proffer legislation have prompted us to need to ask applicants to give us additional information on evaluating the impacts from their development. - The State Code language related to proffers needed to be added in for a residential mix use ZMA's. - The consequences for noncompliance with the special exceptions. We don't have anything right now that says your special exception can be revoked if you do not abide by the decision of the Board, and we need that in there. - Removing the information on the judicial review because that is already in the State Code. - There needs to be corresponding changes to Section 35 fees because of when we are collecting certain fees and our recommendations to remove the fee for deferrals, remove the ZTA that is citizen initiated. As we said last time and is in the staff report, we are looking ALBEMARLE COUNTY PLANNING COMMISSION —August 7, 2018 3 PARTIAL DRAFT MINUTES — ZTA-2017-6 Updates and Clarifications Section 33 — 18-461 at trying to standardize the way of managing a refund for public hearing cost if a project does not go to public hearing within the first 70 days. After we finish this, we can talk about that resolution of intent. Ms. Echols said tonight we are asking the Commission after you hold the public hearing to discuss this ZTA and tell us if you think any changes are needed and if not we would ask that you move for approval of the ZTA to the Board of Supervisors. She said if it were completed tonight, it would go to the Board of Supervisors in September 12. Mr. Keller invited questions for staff. Hearing none, he opened the public hearing and invited public comment. Valerie Long, attorney, said she met earlier with Elaine and Bill on this when they held a work session and was one of two people who attended so she shared a lot of comments with them. She said the only one that did not get incorporated, but will admit she was on vacation last week so did not get a chance to dig in to all of this as much as she would have liked, is the issue of the requiring that the legal advertising fees be collected at the time of the application. She said that is because right now the way it works is after an application is submitted the staff reviews it to confirm that it is complete and roughly 7 days later they will write you to let you know it is deemed complete and what your application fee is and then you have 5 to 7 days to get it to us. Then the legal advertising fees are usually required prior to the staff placing the legal for the Planning Commission hearing and you can either pay the Planning Commission public hearing ad before that and then pay the Board hearing before that is advertised or you can pay them both at the same time. She did not know how often applications get withdrawn, but was concerned if the fee is specifically intended to cover the county's expenses associated with the legal advertisements and other notices it is perfectly fine to allocate those to the applicant. However, if the applicant has withdrawn the application such that there will not be any legal advertising fees she thinks it is appropriate at a minimum to refund that portion of the fee to the applicant. She said in advance of the hearing my suggestion was when staff contacts us and says okay your application is ready to go to the Planning Commission here is what your legal fee is and you need to get this to us by Friday if you want this Planning Commission date of August 7. She noted that we pretty much move heaven and earth to make sure we get that from our clients so we keep the date and our client is usually incentivized. Staff has shared with me that they have other applicants who are not so good about following up and my suggestion was well if they want to have their application reviewed by the Planning Commission it is perfectly reasonable that you have a deadline to get the fee to them. She said there may be far more other issues involved that have lead staff to go the way they have but she just wanted to share her perspective with you. She said maybe it is just as easy if you collect at the front end but there is a process in place that the fee is refunded to the applicant within a certain number of days after it is withdrawn. Either way she thinks it is important that the fees are refunded if they are not actually incurred for the purpose. Neil Williamson, with the Free Enterprise forum, said that he did not attend the meeting that Ms. Long referenced, as he was not notified of it and that being said, there are two issues that ALBEMARLE COUNTY PLANNING COMMISSION —August 7, 2018 4 PARTIAL DRAFT MINUTES — ZTA-2017-6 Updates and Clarifications Section 33 — 18-461 he has with these necessary and important changes. He said the first is the removal of deleting the procedure that allowed any member of the public to apply for a ZTA, which he did think there have been that many. When this came forward from staff, there was a discussion that this way you have to get somebody on the Board to weigh in and he was concerned about the alternative folks or the folks who do not have Board representation in their particular corner. He asked why are you silencing them and what data is driving this since he did not know how many citizen inspired ZTA's have been filed or why you need to get rid of them. He understands that it might be an issue that you have to discuss that does not have the support of a member of the Board; however, that still might be an issue you should discuss if the community is willing to put down the money to bring forward a zoning text amendment. He said that issue is one of two. Mr. Williamson said the second issue is something that he is glad Greg is here because he certainly complained about this for about 15 years — the idea that required notice be given to open space and conservation easements when a ZTA is filed. When a conservation easement is given there is no public hearing, however, when you put something into an Agricultural/Forestal District there is a public hearing and the public gets a chance to comment. He asked why these property owners get super property rights since they should be notified if they are neighboring parcels just as any other neighboring parcel would be notified. He said the idea that you now have super property rights because you have chosen to give up some of your property rights for an open space easement kind of seems unfairness to me because they did not have to come forward to get a public hearing to do what they did on their property. However, you have to notify them of public hearings of other people that want to do things with their property and he asks for a little bit of equity here. Thank you. Valerie Long said she echoed Neil's comment about both issues but in particular, the zoning text amendment she was remiss in not mentioning that but had shared those comments with staff as well. She said we have successfully obtained approval of two applicant initiated zoning text amendments at significant savings to the county and she would be happy to elaborate further. Mr. Keller invited further public comment. Hearing none, he closed the public hearing to bring it back for discussion and action. He invited further discussion. Mr. Kamptner said touching on Neil's two issues the first dealing with allowing applicants to apply for a zoning text amendment that staff took that issue to the Board several months ago and the Board's decision was when this ordinance comes forward to remove that provision, which is more generous than state law. He said state law really does not enable individuals to apply for zoning text amendments and when initiated by the Planning Commission or the Board we have had this kind of clunky process, and he will let staff elaborate on the process. However, the Board already made that decision so the ordinance that has come to the Commission is consistent with that Board direction on that issue. With respect to the notice being given to easement holders, the easement holders would be not the owner of the fee simple interest but the third party that holds an easement, for example the Virginia Outdoors Foundation so that ALBEMARLE COUNTY PLANNING COMMISSION —August 7, 2018 5 PARTIAL DRAFT MINUTES — ZTA-2017-6 Updates and Clarifications Section 33 — 18-461 they get notice of when an owner of property that is under easement has applied for a zoning approval. He said he would let staff address Valerie's comment regarding the fees. He noted that the current and the proposed ordinance both provide that the fees be to be collected when the application is deemed complete. He said the practice has been to separate the advertising fees to request those later. Ms. Echols said that is right and she thinks that was in an effort to better manage when a project came to the Planning Commission it did not work out as well as we had hoped it would work out. She said that because of the number of people who are not like Ms. Long's clients who will fail to follow through on something for whatever reason and then we are left holding an application with no idea what to do with it. She said that is part of the reason that we have put an ending on it and we at the very beginning want to be able to within that 90 days get an application to you for an action. She said we hope that will be an incentive for an applicant who decides they really do not want a recommendation for disapproval to either ask for a deferral or withdrawal. Mr. Kamptner said the fees resolution of intent when the amendments take place they will provide for the refunds and Ms. Echols said that is what is in the proposal right now to provide for those refunds. Mr. Fritz noted that the fees are not part of the ZTA that is before you tonight and they will be coming to you later. Mr. Keller invited questions for staff. Ms. Spain said on page 29 of Attachment 6 she made a note where it says 33.20.d mailed notice that a complete application has been filed is this email or snail mail. When she looked for the same section in Attachment C, she did not find it so where is that in Attachment C and does it mean email or snail mail notification that a complete application has been filed. Ms. Echols replied that it was on page 32 of Attachment C. She said the County Attorney could tell us if there is a requirement for there to be snail mail since we have typically done an email but we look for an acknowledgement that the email was received. Mr. Fritz pointed out that he believes all of our applications have an option where an applicant can choose to receive everything by email also. Mr. Kamptner said he was looking to see where we provide for that in the ordinance and it may be helpful to include that provision. Generally, if it is a state law requirement it dictates how the notice is to be provided when the county gives notice that is in addition, there is some flexibility in how the notice is provided and we can clarify that in the ordinance. Ms. Spain said in Attachment C, page 27, 33.1.5.a and b. talks about existing proffers and she was confused about why a. and b. are in the document. She said there does not seem to be ALBEMARLE COUNTY PLANNING COMMISSION —August 7, 2018 6 PARTIAL DRAFT MINUTES — ZTA-2017-6 Updates and Clarifications Section 33 — 18-461 prior reference to proffers or where the proceeding part of that is and did not think they can do proffers anymore. Mr. Fritz replied that you can do proffers on residential development, on-site proffers in particular, are still easily permitted and commercial development can have proffers as well as industrial development. Ms. Spain said but the residential being proportionate to the impact of the development. Mr. Fritz replied that there are on-site and off-site proffers and then there are cash proffers. He said cash proffers and off-site proffers are very difficult if not impossible to accept right now, but on-site proffers would be that they would increase the stream buffers or that they would do block 1 before they do block 2 and so on. Ms. Spain asked why it is there. Mr. Kamptner replied that it is there because when we think of a rezoning we are thinking from rezoning to R1 to Neighborhood Model or something like that but there are two other classes of rezonings. One is when property has already been rezoned and there are proffers and the purpose of the rezoning is simply to amend those existing proffers and what subsection Al does is lay out the legal requirements for those types of applications in who can apply. He said for years around the state there was an assumption that if I am in, for example Hollymead Town Center and own parcel 1 everybody in Hollymead Town Center has to consent to amendments to those proffers and that is not the law. He said the law is that is I own parcel one I can apply to amend the proffers as they apply just to proffer one. He said subsection A2 deals with a similar issue when we are dealing with property that is already part of a Planned Development and it is the same issue who can apply under what circumstances. He said that is what Al and A2 do and they apply to subsets of the typical zoning map amendment. Mr. Bivins said you would recall in the staff report where they mention sub item 2 and in our work session he had asked if there was a way if a particular individual was not responsive is there a way to keep that from coming to the Planning Commission. He said that at that time he did not realize there is a whole process before that block that if a person is not responsive and if the director has not deemed that the application is complete that they do not get to this point. Ms. Echols said the applicant may get their first set of comments and not respond so we want to force them into an action and you might get some of those but hopefully not many. Mr. Fritz said if the applicant requests a withdrawal that we would have a response we refund part of the fee. Mr. Riley asked Greg to explain the reason for notification for property holders of conservation easements. ALBEMARLE COUNTY PLANNING COMMISSION —August 7, 2018 7 PARTIAL DRAFT MINUTES — ZTA-2017-6 Updates and Clarifications Section 33 — 18-461 Mr. Kamptner explained that was a request by the Board going back that predates this ordinance and this was the opportunity to include it in a regulation. He said we have a number of processes that are in the ordinance that have been incorporated over the years where we go beyond the minimum that is required by state law. He said what we have learned is that posted signs are the most valuable way to get information out that there is an pending application and that is not required by state law. He said we have certain procedures where we require that in site plan and plats where notice is given to adjoining owners is just something above and beyond what is required by state law. Mr. Fritz pointed out that the notice he thought was only for the property that is subject to the rezoning. He said if the adjoining property is applying you don't notify VOF unless the easement holder is holding the property owner to the easement that they have and not expanding where the adjacent property owner put their property into a conservation easement and somehow it is bleeding over into the other property. Mr. Riley said that was good clarification. Mr. Keller asked if anyone objects to Mr. Williamson commenting. Hearing no one, he asked Mr. Williamson to speak. Neil Williamson clarified that he was concerned that adjoining property owners if you have a conservation on your property and are applying for a rezoning the easement holder should know about that. Ms. Riley asked what is new under the procedures for the special exception provision under f and g. or what is the content of what the Board of Supervisors was requesting be new. Ms. Echols replied that was the conservation easement because when she looked at that it looked like f. is there but not g. and f. has to do with the conservation easement holder. Mr. Kamptner replied that he was not sure and it could just be a cut and paste. Ms. Riley said she wanted to make sure she was not missing something of substance. Mr. Fritz pointed out that it must be from an old draft. Ms. Echols said that we believe that it was from a renumbering error and there is no substance to it. She said staff would let you know whether there is any substance to it and how to deal with that. Mr. Kamptner pointed out that error and the comment has been there for at least six months and just a cut and paste error. ALBEMARLE COUNTY PLANNING COMMISSION —August 7, 2018 8 PARTIAL DRAFT MINUTES — ZTA-2017-6 Updates and Clarifications Section 33 — 18-461 Mr. Dotson said my question is about zoning text amendment and zoning map amendments and who may initiate those. He said the exhibit C on page 20 says initiating a zoning text amendment can be by the Board of Supervisors or by the Commission and it says the Commission may initiate a zoning text amendment by adopting either a motion or a resolution. He said it was the same thing on the county initiated zoning map amendment it says either by the Board of Supervisors or by the Planning Commission and he was not sure that it is right that we should be able to directly initiate either of those. He said the Commission could recommend that the Board initiate them, but it creates an awful situation where the staff has two masters. He said the Board controls the resources, the approval of the work plan for the department, the number of staff members they have to authorize in additional positions and so forth and even though the state law says it is possible for the Commission to initiate a zoning text amendment or a zoning map amendment that he was assuming that could mean the Board of Supervisors would not know about it until after the staff had done the work on it; we had held the hearing on it and then it suddenly appeared. Mr. Kamptner replied that is possible and for the 21 years that he was advising the Planning Commission and assuming before then the Commission did adopt resolutions of intent to initiate zoning text amendments and the Commission is authorized by state law to do it just by motion. He said the practice here has always been to do it by resolution and the Board of Supervisors probably almost always adopted the major zoning text amendments or the Board at least knew about them. He said that sometimes just the timing was such that it was more efficient to have the Commission adopt the resolution. He said the practice here has been that the Commission does and he knows recently the practice evolved and the Commission would adopt a resolution that recommended that the Board adopt an ROI. Mr. Kamptner said he would recommend that the language in the draft stay as it is because it more closely parallels state law recognizing that the practice the Commission can decide no we are not going to do that we are going to let the Board. Mr. Fritz pointed out that staff has found that helpful when we have had a zoning text amendment that we have been working on and in the process we discover that another section needs to be amended that was not included in the original zoning text amendment that we are able to come to the Planning Commission quicker than going back to the Board. He said it is consistent with the work so we are fixing the zoning text amendment so that it goes. He said when we have one that is a completely new ball of wax we will go to the Board of Supervisors and say the Planning Commission did or how do you want us to prioritize it. He said it is an efficient way of doing it to have that at our option. Ms. Echols noted what Bill said the very last thing is how we make sure that we are not serving two masters is we take your resolution or intent to the Board and ask how do you want to prioritize this. She said that is how we make sure that we have their buy off in how we proceed. She said the ROI for tonight on Section 35 is a perfect example of what Bill was just explaining. ALBEMARLE COUNTY PLANNING COMMISSION —August 7, 2018 9 PARTIAL DRAFT MINUTES — ZTA-2017-6 Updates and Clarifications Section 33 — 18-461 Mr. Dotson confusing said he finds that very confusing that we are adopting an R01 that says now therefore be resolved that the Board adopts a resolution. Ms. Echols replied that should be something that should say the Planning Commission. Mr. Dotson said so staff is not concerned with the two masters problem and it has been useful in the past and so would set that concern aside. He said the other comment is that by tradition the Commission when we want to recommend that the Board initiate something has used a ROI, which is sort of a misnomer if you think about it since Greg says that the state law would allow either a motion or a ROI. He said a motion it seems to me would be a lot clearer. He said the Commission makes a recommendation that the Board do something or other or that the staff do something or other and using a ROI both for the Commission's action and the Board's he finds confusing for ZMA's and ZTA's. Mr. Fritz said under the language that says the Commission may initiate a zoning text amendment by adopting either a motion or a resolution of intent. Mr. Kamptner said when the Commission wants to recommend that the Board adopt a ROI how they do it should be identified differently and it should not be called a resolution of intent. He said it could be by motion or if you want to have a written document to pass on to the Board it could be titled a resolution recommending that the Board adopt a resolution of intent or something like that. Mr. Dotson replied that he thinks that addresses the question and we have sort of fallen into the R01 vocabulary, which we should not. He said that in Bill's point that it gives us the option and we are going to have a discussion about our bylaws and how we communicate with the Board so maybe that is where we decide how we want to term it either a resolution but not a resolution of intent or a motion. Mr. Keller said it is an excellent point especially in light of what we have been through with the R01's and then making that distinction between whatever we end up calling it having a different name than what the Supervisors. He said that Greg would be taking John Blair's place in working with you on how we are going to handle that official relationship that we want between our body and the Supervisors. He said so that gives him an opportunity to clean the language up later so we can accept what they have for now and that can be a modification after the fact. He asked Mr. Kamptner if that was correct if it needed to be. Mr. Kamptner replied yes. Mr. Bivins said he would find it helpful to have a primer at some point about the new proffer statutes because like Commissioner Spain he had been laboring under the impression that proffers were now foreboding but according to the statute, they are not. He said it appears to be an error that has been carved out that we cannot do any longer so thinks it would be helpful just as a small item on the agenda to just be brought up to speed. ALBEMARLE COUNTY PLANNING COMMISSION —August 7, 2018 10 PARTIAL DRAFT MINUTES — ZTA-2017-6 Updates and Clarifications Section 33 — 18-461 Mr. Keller suggested that we take that up under new business. He asked if someone prepared to make a motion. Mr. Bivins recommended approval of ZTA-2017-00006 Section 33 -Zoning Text Amendments, Zoning Map Amendments, Special Use Permits and Special Exceptions to the Board of Supervisors. Mr. Dotson seconded the motion. Mr. Keller invited further discussion. Mr. Kamptner said just to note it is with the understanding that he will dig through this and clarify the written notice provisions. Mr. Keller asked for a roll call. The motion was approved by a vote of 5:0. (Firehock, More absent). Mr. Keller thanked staff for all the work on this and we will look forward to the next round with Mr. Fritz. The meeting moved to the next agenda item. Regular Item. Resolution of Intent Amend Section 35 Fees to correspond with changes to Section 33 Adoption of a resolution of intent to amend the fee schedule for zoning map amendments (ZMA) and special use permits (SP) to include the minimum cost for notification of a public hearing, remove a fee for deferrals, modify circumstances for which a fee reduction for concurrent review of a site plan and ZMA or SP, remove a fee for citizen -initiated zoning text amendments, and others. (Elaine Echols) Ms. Echols said staff made reference to this in the Section 33 staff report with a resolution of intent to make sure we have corresponding changes to Section 33. She said after we make the changes to the ordinance there will be a public hearing and we will bring it back to the Commission for a public hearing. She said there have been some people asking about changing all of the fees and relooking at them and we want everybody to know that is something that Mark has committed to for the following year so we are just trying to get at what we need immediately. She said we are not trying to increase or decrease but just sort of do the even exchange or the proposed changes this is the fee for the citizen initiated ZTA and we just talked about the notification and the refund and we are moving the deferral fee fee reduction. She said there is an existing fee reduction for a site plan if you submit it with a SP or a ZMA, but we find that has been causing a lot of problems and we thought that now would be a good time to ALBEMARLE COUNTY PLANNING COMMISSION —August 7, 2018 11 PARTIAL DRAFT MINUTES — ZTA-2017-6 Updates and Clarifications Section 33 — 18-461 modify that so we would only be giving you the fee reduction when you have to have a site plan because of the use and that is outdoor display, an ARB thing. She said also, just putting in there the capability for credit or debit transaction to take place. She said so these are what we consider minor changes to the fee section and we either need you to adopt a resolution of intent or make a recommendation and a motion that the Board adopt a resolution of intent for this one where we want to get it done quickly so it can catch up with the other one. Therefore, our request is that someone make a motion to adopt the resolution of intent. Mr. Keller invited questions for staff. Ms. Spain pointed out the fourth item down did not show up on your screen and it says provide a fee for reapplication of a zoning or special use permit request — all the other phrases refer to removing or including or adding a fee. Therefore, she was confused about what provides mean. Ms. Echols replied that this is to provide a fee for reapplication. She said if a project gets deferred and it turns out there is some reason why almost at 3 years or the applicant is going to go past 3 years, but the Board of Supervisors wants this project to continue on its path because you finally have gotten it so close to something that is acceptable. She said the Board can authorize a reduced fee for them to reapply so they don't have to start all over again with the same fee. Ms. Spain asked could it say then charge a reduced fee. Ms. Echols replied yes. Mr. Bivins asked how the $852 amount on page 1 of the staff report relates to $435 amount on page 2. Ms. Echols replied that the $852 was the average cost for an advertisement fee and we got some push back on that being excessive if you did not need that much so we dropped back to say everybody has the same minimum and $435 is the figure and so our recommendation for right now is that we make that fee lower. Mr. Keller opened the public hearing and invited public comment. Hearing none, he closed the public hearing to bring the matter back for discussion and action. Mr. Dotson moved that the Planning Commission adopt a resolution of intent, also known as Attachment B, that it be modified to say now therefore be it resolved that for purposes of public necessity, convenience, general welfare and good practices the Albemarle County Planning Commission hereby adopts ..." He said my understanding is that this will not go to the Board, the Board knows and wants the fees to come along with the other Code changes to help implement them and so we are not really recommending to the Board, we are just enabling the staff to do the obvious. ALBEMARLE COUNTY PLANNING COMMISSION —August 7, 2018 12 PARTIAL DRAFT MINUTES — ZTA-2017-6 Updates and Clarifications Section 33 — 18-461 Mr. Fritz noted that it was an integral part of the other action. Ms. Spain seconded the motion. Mr. Keller invited further discussion. Hearing none, he asked for a roll call. The motion passed by a vote of 5:0. (More, Firehock absent) The meeting moved to the next item. ALBEMARLE COUNTY PLANNING COMMISSION —August 7, 2018 13 PARTIAL DRAFT MINUTES — ZTA-2017-6 Updates and Clarifications Section 33 — 18-461 Albemarle County Planning Commission July 17, 2018 The Albemarle County Planning Commission held a public hearing on Tuesday, July 17, 2018, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Tim Keller, Chair; Julian Bivins, Pam Riley, Vice -Chair; Jennie More and Daphne Spain, Karen Firehock, Bruce Dotson and Bill Palmer, UVA representative. Other officials present were Andrew Knuppel, Senior Planner, Elaine Echols, Chief of Community Development; Bill Fritz, Manager of Special Projects; Andrew Gast -Bray, Assistant Director of Community Development/Director of Planning; Sharon Taylor, Clerk to Planning Commission and Andy Herrick, Assistant County Attorney. Call to Order and Establish Quorum Mr. Keller, Chair, called the regular meeting to order at 6:00 p.m. and established a quorum. The meeting moved to the next agenda item. Work Session ZTA-2017-00006 Updates and Clarifications to Section 33 Zoning Text Amendments, Zoning Map Amendments, Special Use Permits and Special Exceptions. Work Session on Zoning Text Amendment related specifically to Deferrals. (Elaine Echols) Elaine Echols, Chief of Community Development noted that Bill Fritz is helping with this since we both have been dealing with the problems with the ordinance related to deferrals for many years. She said they have bounced many ideas off each other about how we can use our time most effectively as well as serve the public the best with zoning proposals that somehow are postponed. She pointed out that Bill Fritz is here to help answer questions and he will be taking this after I have retired on to the Board of Supervisors. Tonight we want to talk about proposed changes to a portion of Section 33 of the Zoning Ordinance. As noted in the staff report, this is not the complete group of changes but may be the most substantive thing we want to talk about. We will review these proposed changes and see if the Commission have any questions that we may answer and you may want to get some public comment on this, advise of off any changes and if you are ready for a public hearing after we are done. Staff can go ahead and set the public hearing sometime in August. Ms. Echols explained in a PowerPoint presentation that part of the group of changes from the County's Attorney's office related to Section 33 relates to processes and procedures for special use permits (SPs), zoning map amendments (ZMAs), Special Exceptions (SPEx), and zoning text amendments (ZTAs). ➢ Fee changes have not been included ➢ Page 4 of Table has a mistake ➢ Page 5 of Proposed Ordinance has funky numbering -- is supposed to reference for 32.52 Purpose of Work Session ALBEMARLE COUNTY PLANNING COMMISSION —July 17, 2018 PARTIAL DRAFT MINUTES — ZTA-2017-6 Clarifications and Updates to Section 33 — 18-461 ➢ Fee changes have not been included ➢ Page 4 of Table has a mistake ➢ Page 5 of Proposed Ordinance has funky numbering -- is supposed to reference for 32.52 Context • County Attorney's minor changes to update /modernize /standardize/ organize portions of the Zoning Ordinance • Updates to Section 33: ZTAs, ZMAs, SPs, Special Exceptions • Staff reauest for hard dates for action Ms. Echols said just to give you some context, the County Attorney Office has been working on a lot of housekeeping changes; it is to cleaning up and clarifying the language of the Zoning Ordinance trying to modernize it. The Commission have seen two that have been approved and there may be more that you have reviewed. When we bring them to you, the Commission provides us with the comments about when we think this is ready to move or we think you need to go back and look at this a little further. Therefore, that is why this is in a work session format and not trying to do a public hearing. She said what we are talking about is mostly deferrals related to zoning text amendments, actually some of the procedural things with zoning text amendments, deferrals for zoning map amendments and special use permits but we are not really talking about special exceptions. The biggest change in here is for us to ask for hard dates for action by the Board of Supervisors. Ms. Echols said the Commission should have gotten the explanation table, the color copy of the changes to the ordinance and the flow chart, which was sent out with the email sent to the development community letting people know that we were having a Round Table and the changes are to: • Remove citizen -initiated zoning text amendments (ZTAs) from the text that is a request from the Board of Supervisors basically if somebody wants to request a zoning text amendment they need to approach you to find a sponsor with the Commission or the Board of Supervisors to get a resolution of intent passed. That is something the Board wanted to do to better manage their resources and not have staff working on things before the Board agrees that staff time needs to be spent on this and the State Code does not require that we have a citizen initiated zoning text amendment policy. • Clarifications about the community meeting is the rule, not the exception. When we originally started community meetings, we were not exactly sure how to do them and it became clear that the way the ordinance was written some people were interpreting that this was an option and we had to make it clear that this was the rule and not the exception. Therefore, staff just wants to clean up the language for that. • Refine language and set firm deadline for action by the Board of Supervisors (BOS). • No separate legal ad fee; and instead increase the application fee to cover the cost of ad. • Remove deferral fee because it takes more staff time to administer that than we recover in the cost that they pay. • Reduce fee for reapplication of the same rezoning request, if authorized by Board of Supervisors (BOS). Ms. Echols said if you get past the 36 months but there is some compelling reason why your project has not been able to get an action on it you can't reapply for a year except to have the Board of Supervisors give you that permission. Therefore, what we are saying is in addition to that permission they can reduce the fee so that you do not have to pay the full fee and we are hoping that will be sufficient to help encourage people to continue getting this thing done and only use that as an exception. ALBEMARLE COUNTY PLANNING COMMISSION —July 17, 2018 PARTIAL DRAFT MINUTES —ZTA-2017-6 Clarifications and Updates to Section 33 — 18-461 • Remove fee reduction for special use permit/zoning map amendment (SP/ZMA) concurrent with Site Development Plan (SDP) except for Entrance Corridor (EC) projects. This is to try to clean up some of those timepieces that take a lot of time and discussion when we get concurrent site plans with a ZMA or SP. • Active projects under review right now that have already passed 36 months we would say you have 12 more months to get to the Board of Supervisors for action. If a project is currently under review because we do not have an end date for when action needs to be, taken saying that you have up to 36 months from the time your application was accepted. Ms. Echols said the question that we really wanted to concentrate on is what is a deferral? The problem with our ordinance is that it implies that everybody knows what that is, but it really is not explicit. A deferral is a postponement but it might be a postponement at the time for a decision, a suspension of review, an extension of time for making a decision or an extension of time for an applicant to resubmit. Any one of those could fall under what people think of as a deferral and we want to make that clear in this ordinance it is a suspension of review that allows for extending the time period for action. In other words, we want projects to be in the best state possible when they come to you and the Board of Supervisors and from time to time after someone makes an application, they need to do some more work. Therefore, we need to stop the process in order for them to do something more but also need if we are going to establish an end date for when action is needed to allow for an extension of time because the State Code requires that the Planning Commission take an action within 90 days of acceptance of that application. In addition, the Board of Supervisors is required to take action within 12 months of that same beginning time. Ms. Spain asked is a request for a deferral always initiated by the applicant. Ms. Echols replied that the Planning Commission is allowed to defer something only if it is within that 90 -day window. Therefore, if 90 days has not passed and you want to postpone a decision that is the only opportunity you have; otherwise, it has to be up to the applicant because you are obligated to give them a decision within 90 days. She pointed out the Board could defer but only up to a year. Ms. Spain thanked Ms. Echols. Ms. Echols said as noted in information sent you can see that we have a lot of projects that defer and she was not sure if anybody outside the Planning Department really had any idea how many projects there are that go into deferral. Those deferrals range from any number of things from we want our first set of comments and, oh, we may resubmit again someday maybe to yes we will resubmit and then four or five months goes by and we say you need to do something and so they say yes we will resubmit next month and then they don't. Then staff has to say you need to resubmit because we've got to have this on a schedule and keep this moving. What we are trying to do now is to establish for all those projects at a level playing field so that we can do our job and spend our time and resources wisely. Ms. Echols pointed out in the flowchart staff is recommending that you have five options after we give you your first set of comments. Staff provides a set of comments 32 days after we have accepted an application for submittal. That is a hard deadline and we need that deadline. Then it is in the applicant's hands and they have a choice to say we are ready to go to a public hearing, which happens about a tenth of the time; or, they can say we want to resubmit and are not ready to go to a public hearing; or, they cannot respond to those comments at all. What we are proposing is for those three things, they are going to a public hearing because we want to keep them moving and to take ALBEMARLE COUNTY PLANNING COMMISSION —July 17, 2018 3 PARTIAL DRAFT MINUTES —ZTA-2017-6 Clarifications and Updates to Section 33 — 18-461 responsibility for what happens with their project. We are recommending that the other two options that already exist are that they can withdraw their application or they can request a deferral. The only change in this is that instead of having an applicant decide when they are going to a public hearing, and we have to wait on them telling us, we are taking them within 90 days. That puts the onerous on the applicant to say oh no do not take me I am going to put in my letter of deferral and we say give it to us or we are taking you to public hearing. Ms. Echols said we do not do that now because we don't have the public hearing fee that has been paid, which is why we want to include it in the initial cost. Therefore, if you look at the top level in the flow chart the gray box on the left says public hearing and decision within 90 days of acceptance and that is if somebody wants to go within 90 days. There is a minimum of 25 days from a Planning Commission meeting before we can schedule something for the Board of Supervisors. Ms. Riley asked where does the case of an application that does not have complete information come into this. Ms. Echols replied that it never even gets its first set of comments. Ms. Riley asked if it is halted at the very first level. Ms. Echols replied yes that an incomplete application is not processed, put in our system as incomplete. we contact the applicant and say you need to give us all this information the next submittal period, which information complete enough to meet our ordinance requirements. She said it may not satisfy all the questions we have but it meets the legal standard for being able to process an application. Therefore, if a person gets to the Planning Commission within 90 days and decides when they get here and to they are not quite ready and ask to defer then they can do that. We are recommending that continues but they just have to give us something in writing and tell us what the time period is that they want and can still get to the Board within 12 months if they make all their submittals on time. These are the two fast tracks and she would say many of our special use permits where the applicants are serious about their project get through in less than a year. Many if not most of the projects for special use permits for an applicant conscientiously pursuing approval they will get through somewhere in 4 to 6 months, a year at the most. Ms. Echols said we have the other group of people who have deferred and what happens to them. Therefore, if someone has requested a deferral they need to give us the information within the time period that they have asked for so that a decision can be made within 36 months or 3 years of the time of the acceptance of their application. We have heard that is generous and it may be but that is sort of the way the ordinance is set up now. If you read the ordinance, you can see that it implies that you can have a deferral for one year from the planning director, the planning director can extend it for up to another year and then if you want another deferral you go to the Board of Supervisors. They are not restricted to a year but that is their cutoff generally and why we are talking about the 36 months to try to follow the pattern that was already in the Zoning Ordinance. We have projects that have been here for well over 36 months with a project that has been here since 2010 that has been deferred and taken out of deferral and deferred and taken out of deferral; a project from 2015 that is very controversial and the public keeps asking when is it going to get to the Planning Commission and to the Board; and we have a lot of trouble answering that question because we don't have that ability to cut it off and say they have exceeded the time period that they have. ALBEMARLE COUNTY PLANNING COMMISSION —July 17, 2018 4 PARTIAL DRAFT MINUTES —ZTA-2017-6 Clarifications and Updates to Section 33 — 18-461 Ms. Echols said that is why we are asking for comments from you of putting in a definitive time period so that then we know when something will end, close the file out and say nobody is going to come back and ask to resurrect this. Therefore, there are different points along the way that we are asking people to either resubmit or withdraw and if they fail to resubmit within a time period then we are considering that a voluntary withdrawal. If someone defers the onerous is on the applicant and if they have not given us anything and we have nothing we can take to the Planning Commission for a public hearing at that point we say you have failed to meet your obligation and voluntarily withdrawn. Ms. Echols said you did not have this in your packet so you could really look at it in some detail, so not all of my detailed pages shown in the slide might make any sense to you right now, and you may or may not be ready to make any recommendations or decisions on this. However, she wanted to set it up for you to see that we are trying to establish the different times during the process that someone can ask for a deferral, resubmit and what happens if they fail to resubmit. She said it is not unusual for someone to be in a state of deferral but in contact with us asking questions if this will work; and that is okay because they are still actively pursuing but we still need to have some deadlines on it. Ms. Spain noted that it is a state of deferral and it sounds like a state of denial. Ms. Echols replied that we have had some of those, too. She pointed out when we went to the Roundtable there was only two people and she had sent between 55 and 60 emails to our applicants for the last several years and our regular customers. We had one member of the development community who does a lot of work with clients and represents a lot of applicants that came and she provided a great deal of good comment. We also had a Board of Supervisors member who was there to also listen and provide some comment and they thought in general that the proposed changes seemed fair. Comments from Roundtable • In general, changes proposed seem to be fair, but... • Concern: Unfair to take advertisement fee up front and not use it if the applicant withdraws before the public hearing and the applicant would be out of that money. Ms. Echols said what we tried to explain to them is that we spend well in excess of what we take in for an application and maybe as much as 2% times at the minimum of what we take in. However, we also said we would call this an application fee; we are not separating out the legal ad fees; we would just increase the application fee to represent the average advertisement cost. We still are not going to recover our money but we will be able to cover the advertisement in almost all cases by that increase in the fee. That gave the Board member some pause because increasing fees is not done lightly and so he wanted to bring some of those issues to the Board of Supervisors so that is something else we would need to be talking about is how we deal with fee increases. One of the things that was talked about was in order to deal with what might seem like an unfair situation is to setup a refund based on the percentage of activity that had taken place. We kind of do that now, but something a little more formal like if you are doing it from the application point to the time you get your comments we might give you one-half of your fee back because we have not done all of that work. Therefore, you would not be out of that money. That is something the Board wants to review as well. • Refund of a portion of the application fee should be available if withdrawal takes place before public hearing. • Requests for action or withdrawal should go to the Planning Division, not the Clerk. • From Board of Supervisors member: we need to look at reducing fees for special use permits (SPs) for certain uses. He was most concerned with the impact of the fees on religious ALBEMARLE COUNTY PLANNING COMMISSION —July 17, 2018 5 PARTIAL DRAFT MINUTES —ZTA-2017-6 Clarifications and Updates to Section 33 — 18-461 institutions especially the small religious institutions that don't have a lot of money to work with in the first place. • From applicant representative: we need to look at reducing the number of uses for which special use permits (SPs) are required and that might also save everyone some time and money. Ms. Echols said we provided a lot of examples to the two people that was at the Roundtable on the kinds of deferrals we get and they both were surprised at the range of things we deal with that take so much time to figure out what state is this in. However, after we explained that she believe that is why they came to the conclusion that they felt like the changes that were proposed were fair. We can come back around and you can ask all of your questions but from here we need to know whether you have enough with what you have gotten to say okay you can bring us the rest of the Section 33 changes and we will go ahead and set a public hearing for August 7. We can get you those changes 10 days in advance and it is possible that if we get through this in August that it could go to the Board in September. She said the staff is very anxious to see this change so that we can discontinue the activities we have to do to get applicants to give us some kind of a letter telling us the state of the application. The changes in the fees we need to do a little bit of work on and bring back and we need to talk about that internally. However, for right now we wanted to know if the basic ideas about deferrals and the 36 - month deadline are things you could support. Ms. Spain said when we asked for that in Pantops she had no appreciation of the complications involved here in the number of cases and thinks this is a well -needed change and asked the grandfathering situation for those in deferral now and if those would be held to these changed guidelines. Ms. Echols replied staff is recommending that anything that is under review now that is past three years from the date of acceptance has 12 months to get finished and anything that has not hit three years yet they have up to three years. Mr. Keller asked to build on what Ms. Spain said, and suggested that it would be helpful for new planning commissioners from this point on to get whatever ultimately is the process that is agreed upon that this be in the orientation packet and explained. He said the details presented are a great clarification to some of the statements made from the development community, staff and the public at different points asking these kinds of questions. Mr. Keller asked Andy Herrick if a note could go in that notebook given to the new commissioners. Mr. Herrick replied that he was making a note of this for Mr. Blair and agreed that is a great observation for what might be part of future commissioner orientation. Mr. Keller thanked Ms. Spain for pointing that out. Ms. Firehock said the first question about the ordinance language pertaining to community meetings and public notice is one under #3 guidelines, which is on page 2 of S, that says the director of planning shall establish written guidelines pertaining to notification for nearby property owners scheduling and conducting community meetings. She said this is changing it from they are authorized that they could do this to they "shall" do this. Ms. Echols replied that they are established and we provide them to the CAC's if you have not seen them. ALBEMARLE COUNTY PLANNING COMMISSION —July 17, 2018 6 PARTIAL DRAFT MINUTES —ZTA-2017-6 Clarifications and Updates to Section 33 — 18-461 Ms. Firehock replied that I have but was just confused by the thing that it says shall using a future verb tense, and Ms. Echols replied that there always will be established community guidelines and it won't be lost. Mr. Fritz pointed out the other advantage is if we discover a better way of communicating it is easier for the director to amend that than to have to come back and amend the ordinance. Ms. Firehock said that makes sense and then the other question was regarding the community meeting will be held ahead of the public hearing. She asked staff how far ahead of the public hearing the community meeting must be held. Ms. Echols relied that we typically like the community meeting to be held within the first 30 days so that we can get the comments we send to the applicant so that we note that these were the items that were discussed at the community meeting please pay attention to them or we believe these things are important. But, right now all we have said by practice is that you need to have that community meeting before the public hearing and so people have said well the ordinance does not require that and we are thinking that is what the intension was. That is the only reason why we wanted to put it in here so that it is clear when people say I don't even want to have a community meeting then staff can say you need to have a community meeting and it needs to happen before the public hearing. Ms. Firehock asked would it be too difficult to specify how many days prior to the public hearing, such as 7 days, because sometimes it seemed that the community meeting is held so close to the public hearing that in fairness to all sides the applicant has not had a chance to even digest what the community told them. She said we are not really realizing the importance sitting around the dial saying well what about these comments and how are you addressing those when they have not even had time to address them and they just might not be realizing the importance that we place on the community input. She asked is there some way we could say like 7 days before or some period of time where one could have maybe done something with their application or at least come up with a proposal for how they might modify it. Ms. Echols replied yes, we could put that in the community guidelines but not in the ordinance. Mr. Fritz pointed out that the director is sitting here and he heard you so when he goes to develop those guidelines that we have talked about in the prior section for scheduling and conducting of the meetings. Ms. More asked when a community meeting is held and then there is an excessive amount of time between that and a public hearing, particularly when there has been a deferral, if there are substantial changes to what the applicant is requesting my experience so far has been the applicant has not come back to do another community meeting so she had a concern about that. She said your intention here is to stop the deferrals from going on and on, and wonders if that can be considered as part of the processes if there is a threshold where there is enough substantial changes that needs to go back to the community because they have not given input on changes that were made after a deferral. Ms. Echols said we could put something in the community guidelines that recommends that if substantial changes have been made over a period of time it is strongly recommended that an applicant attend a second community meeting. There are other avenues for the public to be able to know what is going on and we are trying to sort of walk that line. If we have people who are very interested in a project we keep their emails so that we can let them know when there is a new submittal that has come ALBEMARLE COUNTY PLANNING COMMISSION —July 17, 2018 7 PARTIAL DRAFT MINUTES —ZTA-2017-6 Clarifications and Updates to Section 33 — 18-461 in. In addition, we let you know on controversial projects that our planners are sending something to the CAC is saying just so you know X project has been resubmitted you can find the information here. Ms. More said that has worked for those projects that tend to not move swiftly but there is a large interest in the CAC and guessed that was putting another pressure on the planner to make sure that list goers out especially if something suddenly gets onto the schedule. We have had those people who have had their community meeting, they are waiting and enough months go by and it kind of goes off their radar and then it is next Tuesday. She pointed out that just happened with one, but the notification did go out and was comfortable with that. She said my other question is about the factors that would be considered by the director of planning and waiving the community meeting and asked can you give an example. Ms. Echols replied yes, the only time the planning director waives a community meeting is after he has contacted the Board of Supervisors member to have them say it is okay to waive it. She said it is actually the planning director's designee and the planner is always in consultation with either a principal planner, chief or the director. The first thing we do is contact the Board member and we say this is the project, we don't think it rises to the level of needing a community meeting; do you agree and then they tell us if it does or it does not. Ms. Echols said in one case we had a body shop and the applicant was very offended that he had to do a community meeting at all and we have made other body shops do community meetings and he just decided that he did not want to do one. We sent it to the Board member of that area and said the applicant has made this request and we have had similar projects that have come through; there have been community meetings and we have had no one to show up; do you believe a community meeting is needed in this particular situation. Sometimes the Board member will say a community meeting is needed or not; one example is the Yancey project that you saw tonight where we contacted the Board member and said there have been a number of different community meetings that have taken place, do you think we need to have an extra community meeting and the Board member said no; and it is a rarity that we recommend that somebody not have a community meeting. Another example, is a person who is asking for a Class B Home Occupation, which is for an accessory structure, what they want to do is make their art in an accessory structure on their property and we said that one we think maybe does not rise to the level of needing a community meeting so we asked the Board member who agreed since it is so minor as to not really rise to that level. Ms. More said if there is a long deferral that the applicant has been very engaged with the community that a second community meeting probably is not necessary. However, I can think of some situations where there might have been a community meeting and what was shown to the community and they were not that interested at the time and a deferral happens. If there are substantial changes she feels like something could slip through and just wanted to make sure that there is some kind of process that would trigger the request is different enough that we need to go back to the community with this. Mr. Keller asked what about timeframe and do you think if something is at the three-year window even if it is the same. Ms. More replied that she was saying it is not the same and there would have to be some kind of whatever it is that staff could determine where there has been enough substantial change. Mr. Keller pointed out we have seen with a number of things recently that have stretched out that there is a whole new community in effect in some of these areas; and was asking the question is there a responsibility to involve the community a second time closer to that time. ALBEMARLE COUNTY PLANNING COMMISSION —July 17, 2018 8 PARTIAL DRAFT MINUTES —ZTA-2017-6 Clarifications and Updates to Section 33 — 18-461 Ms. Firehock said that is a judgment again that we can leave to our planning director, but she was sensitive making somebody have the same meeting over again when it is a straight forward proposal and not controversial and was comfortable with some judgement being exercised. Ms. More said she would like to call attention to those applications that are controversial and have substantial changes and maybe it is a reach out to the CAC of that area if that is where the original community meeting was held. Ms. Riley agreed with Commissioner More that if there has been substantial change or there was inadequate information provided at the first meeting would be a good basic for a second community meeting. Andrew Gast -Bray, Director of Planning, said the nature of the three years being selected was supposed to in no small part address the idea of something capturing most transients in just a pure timeframe issue. In fact, when he was in New England it was five years and that was because of what the state legislature had determined as being it is no longer really the same situation so whatever that might be. Mr. Gast -Bray said he agreed with what he was hearing that if there is substantial change that what was reviewed is no longer accurate that he liked the idea of sort of in the context of a minor versus major change in an application that we might recommend a second community meeting. Ms. More suggested that it could be the consideration of the director of planning in waiving a meeting to talk with that supervisor to find out if we should do another community meeting. Ms. Riley said Section 33 seems to be broken up in 33.3 which is for initiated zoning map amendments by the county and then 33.4 is those not initiated by the county. She asked what is the definition of initiated by the county. Ms. Echols replied if the county wanted to rezone an area like the Downtown Crozet District that would be a zoning map amendment initiated by the county and we would not do it on a spot basis but we might have a district or an area that we want to redesignate. It does not happen often, it is rare that it happens, but it does happen and we might do that with what comes out of the small area plan and might initiate a zoning map amendment for 200 properties or something like that. Ms. Riley said so just to be clear about this then the efforts to expand the boundary for Sweet Spot would that have been a county initiated zoning map amendment. Ms. Echols replied that it was a Comprehensive Plan Amendment but the applicant would have had to make and sign the application for that zoning map amendment. Ms. Riley asked if the Southwood rezoning application going to be a county initiated zoning map amendment. Ms. Echols replied no, we don't own the property so that will be initiated by the applicant. She said the rezoning that the county does are comprehensive in their scope like the 1980 zoning map amendment where we established zoning districts throughout the development areas; that was one the county initiated. ALBEMARLE COUNTY PLANNING COMMISSION —July 17, 2018 9 PARTIAL DRAFT MINUTES —ZTA-2017-6 Clarifications and Updates to Section 33 — 18-461 Mr. Fritz said there have been two county initiated rezonings, one is the 1980 rezoning and the other was the Downtown Crozet District. Ms. Riley asked for a clarification on staff's recommendation for removal of language under a and why it is being removed. Ms. Echols replied that was a zoning text amendment and the language is something that the Board of Supervisors back in January said that they did not want to have applicant initiated zoning text amendments. She said because what happens is the staff may get started down a path on something that does not have the support of the Board and we may be using those resources that we need to be using on other Board priorities. Ms. Echols said the alternative that they laid out was if an applicant wants a zoning test amendment they need to approach the Commissioner or the Board of Supervisors to get someone that will champion it for them to get the Planning Commissioner or the Board to adopt a resolution of intent to begin the process of study where we had also set up a public participation process. She said it is not to prevent someone with a good idea from saying we think this would be a good change, but mainly to get it to the right decision makers rather than having staff have to drop everything they are doing and do all the work on a zoning text amendment because someone has made an application. Mr. Bivins said regarding the flowchart when an applicant is none nonresponsive after you have reached out to them why should that come on to a public hearing and not enough to say you are nonresponding you are no longer on the calendar. Ms. Echols replied partly because we are obligated to get somebody to you within 90 days. Mr. Bivins said there are other opportunities when someone is not responsive we can push them along earlier in the process to free up slots for people who are engaged and trying to move through the process in a timely manner. Mr. Fritz replied that it would be nice but thinks we are taking the view that the Code says when we get an application the Planning Commission is supposed to act on it within 90 days. If they make the application and it clears the hurdle to get and be reviewed they are entitled to being heard without any further action on their part so we are taking that reading of it to make sure that we are compliant with the Code. Ms. Echols said we are also using that as a tool for an applicant to understand; they have to make a choice either to have a public hearing that goes down and that they are denied or they are going to defer or withdraw and so it is trying to push the applicant to make a decision. She said we are also trying hard to get out of the business of having to call and beg for someone to give us a status. Mr. Fritz said it actually takes a lot of resources. Mr. Bivins said that he appreciates that so my point is since it does take a lot of resources that at some point, a person or entity is nonresponsive and there are consequences in other parts of our life for not being responsive. He asked why that should take the space on the Commission's agenda when you have a group of individuals here who are actually trying to move projects forward. ALBEMARLE COUNTY PLANNING COMMISSION —July 17, 2018 10 PARTIAL DRAFT MINUTES —ZTA-2017-6 Clarifications and Updates to Section 33 — 18-461 Mr. Fritz noted that we are just taking a very literal reading of the State Code if they file their application and meet the minimum threshold to get their application in they are entitled to a review. Ms. Echols said we are hopeful that people will not want to waste your time and staff will do what we can to encourage them to get it in a shape for you to act and not take something to you that you are just going to have to say we have to deny this. Mr. Fritz pointed out we would not advise someone to do that but it is an option. Mr. Bivins said he understood that the proposal is to move all fee collection up front and not an increase in the fee that he thinks is an important thing for people to understand. He said there is a rebate function here that if you get to this point then we will give you some X amounts that staff will figure out. Mr. Bivins said he would like it clear that you are not increasing fees and changing the timing of the fee. Mr. Dotson said he had two comments and requests two clarifications. The first comment is that he would agree with Commissioner More if a project changed substantially the planning director would have the basis for calling for a second community meeting. However, he would not agree if the population in the area changes that would warrant a second meeting since he would think that the original population was still representative of public concern rather than holding another meeting if the population changed. The second comment is that he was amazed in reading through this how much staff time must go into calling, chasing, pushing and begging, etc. and he has served on two groups one about 20 years ago the Land Use Regulation Committee (LURC) and more recently the Regulatory Streamlining Committee and it would always come up about how the county staff is dragging its feet or extending the process and how the applicant was having to push the county staff. Mr. Dotson said everybody is interested in making the process work better. Mr. Dotson said he had two clarifications and asked if an applicant requests a zoning text amendment or a Comprehensive Plan amendment and has filed an application that has to go to the Board of Supervisors for them to agree to even consider it and asked if that is a fact. Ms. Echols replied that Is a true fact that when we were talking to the Board about zoning text amendments and staff resources early this year what we said is we have a hard time knowing how to balance the Board's priorities and we think if the Board will say what is important to them the staff can respond to them and also for the Board to prioritize the things that we do including some of the initiatives that you would like for us to take. The Entrance Corridor issue set aside, if you have something that you want to work on and adopt a resolution of intent we are obligated to take that to the Board and ask them how do you want us to address this so we have the staff resources to do the work that needs to be done. Mr. Dotson said if there is an applicant who is interested in a zoning text amendment or a Comprehensive Plan amendment is there an application and a fee. Ms. Echols replied no, there has been an application and a fee and what we are proposing is that be all taken out, but if someone wants to do it they need to get your ear, the Board member's ear and come to speak to the Commission in matters not on the agenda asking if you would consider pursuing on our behalf because we think these things can be improved by it and the Commission would ask staff to find ALBEMARLE COUNTY PLANNING COMMISSION —July 17, 2018 11 PARTIAL DRAFT MINUTES —ZTA-2017-6 Clarifications and Updates to Section 33 — 18-461 out more about that. We would start with the authorization of this work rather than a response to someone's idea. Mr. Dotson said a special use permit or zoning map amendment would be for a particular property; there is an application, a fee and an obligation, as Mr. Fritz said to process that within a certain time. If on the other hand there an idea, issue or a problem that person needs to either go to the Board of Supervisors or the Commission to make a convincing case and then it becomes county initiated matter with no fee to that person at all. Mr. Fritz replied that was correct and that part of the issue, and you have stated it perfectly, the State Code outlines a process for rezonings and special use permits, however, it outlines no process for the zoning text amendments. So it creates this false understanding if you file an application and submit a fee we can take that and never process it and the Board could simply say don't put it on schedule ever or on our agenda for a resolution of intent. There is nothing in our ordinance or the State Code that would require that to move forward at all so this allows them to come to the Commission meeting and speak under matters not on the agenda and they can talk to individuals. There are plenty of opportunities to speak before the Planning Commission and the Board. Mr. Dotson said in a sense if there is a private interest in a zoning map amendment or a special use permit there is an application and a fee and if it is more of a policy or public matter then it has to go through the public bodies. Mr. Fritz replied that he had that exactly. Ms. Spain asked how the applicant would know that and if they would contact your office and you tell them that is what they need to do, and Mr. Fritz replied yes. Ms. Firehock commented that you asked at the beginning and we were generally in support of this approach and I am and applaud efforts to reduce confusion and wondered whether we might also at some point move towards making an easy searchable data base since we will have this nice clear process. She said other communities to have this where you can look up a status of a proposal and know whether it was deferred, went to the Board or the community meeting is coming up so she spends a lot of time as do other Commissioners and staff answering questions from confused citizens that have no idea where that thing is in its process. She said now if we clean up the process perhaps we could make it easier to find. Mr. Gast -Bray said that is something we are very much working on; it is part of the Rio/29 as our pilot test to vet it and make sure we can really track this through. He said we have been working with elements including our County View software to see if we can track this. He said other places do that and we are trying to figure out how we can do the same thing. Ms. Firehock said that being on the website would help many people track projects. Mr. Gast -Bray said that is understood but he cannot promise because we do not have all the ducks in a row and we will do this first and maybe look and explore that opportunity later but that is very much the questions that we are asking as well. ALBEMARLE COUNTY PLANNING COMMISSION —July 17, 2018 12 PARTIAL DRAFT MINUTES —ZTA-2017-6 Clarifications and Updates to Section 33 — 18-461 Ms. Echols pointed out our Neighborhood Planner David Fox who has moved on to greener pastures was looking into that and he did a lot of research for us on and we want to get to that point so she is hopeful we will. Mr. Keller invited public comment. Morgan Butler, with the Southern Environmental Law Center, said that he came tonight primarily to get some clarification on what is being proposed and the idea of clarifying this section of the ordinance makes a lot of sense. From reading through the staff report and listening to the discussion tonight he has one question as well as one concern to raise. He said my question is that Ms. Echols mentioned that there were some deferrals that have been setting there for years, the applicant requested deferral and they are just kind of in this no man's land but they are not being moved forward and the question is why 33.4.r.2 does not address those under the current ordinance. He said it says, "an application shall be deemed to have been voluntarily withdrawn if the applicant requested that further processing or formal action on the action 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 year after the date the deferral was requested." He said it seems that it is getting to Mr. Bivins point that after a year of inactivity if a deferral has been requested this to me reads that it should be at that point deemed voluntarily withdrawn; there is nothing in here that says the request for the deferral has to be in writing so that should not be the hang up and so that is the question. Mr. Butler said the concern that he has is another thing that some of the Commissioners have touched on tonight and that is the proposed process that seemed to allow for a very long deferral. As an example, you consider an applicant goes to the Planning Commission; gets a recommendation from the Commission within that 90 day window, and then they decide to defer; they could do so for another 2% years and then suddenly bring it back up and be able to go straight to the Board of Supervisors at that point after 2% years of this thing just sitting dormant. He said that to me does not seem to be fair to the public, as folks have noted tonight a lot can change in 2% years; the development can occur around the proposal; Planning Commission member, Board of Supervisors members change; the Comprehensive Plan can change; and of course the project itself may have changed significantly in that period of time. He said it seems that after a certain amount of time passes it will often make sense to have a proposal be deemed withdrawn and have it go back through to the process so it can go through these different layers of public review again. Under the current system the default rule as he just read a minute ago is that you have one year for a deferral, yes there is a possibility that you may extend it beyond that year if the planning director or the Board of Supervisors approves of extending that but one year is the default. If you go beyond that you are deemed withdrawn and have to go back to the Planning Commission. He said the concern is that we are considering some could in some circumstances change that period to 2% years that is concerning and wondered if maybe the solution may be to cap the one for deferral at one year or 16 months under this proposal that has a 36 -month total time period. He said it is hard to explain and hoped that made sense. Neil Williamson, with the Free Enterprise Forum, said the intent of this is quite good and that the term of art in the legal realm of voluntarily withdrawn is a misnomer but it is probably a legal misnomer that we get to live with. He said in terms of the differences for requiring an additional community meeting before going back to the Planning Commission you have seen these applications morph. He said the community meeting identifies a buffer of trees that they want to have on the south side of the property that changes the application from the community meeting to the Planning Commission meeting or the ARB has an issue with the specimen of tree and that changes so the levels of changes happen all the ALBEMARLE COUNTY PLANNING COMMISSION —July 17, 2018 13 PARTIAL DRAFT MINUTES —ZTA-2017-6 Clarifications and Updates to Section 33 — 18-461 time and some times these are significant. He said in an ARB meeting on Monday they wanted to swing the building around and make it an L instead of in a rectangle; those changes are significant changes and it takes time to do those things. He said that as some of you know that are involved in development it is not always easy to get these things changed on a dime and it costs you more than a dime. He said the process at three years for an entire process is not overly lengthy; the concern of the transient nature of the community is something that we deal with everyday with approved projects. He said leaving it in the 36 -month period whenever the Planning Commission hears it and whatever changes that he has found that the instance of having two public hearings, unlike the city where there is one, has created the opportunity for significant improvements between the two even if they are different and he would push hard against going forward with anything that changes that 36 months. However, he would completely agree to end this nebulous business, but respect the person that has paid the money on the front end for everything, communicating so to bring it forward with the staff recommendation probably for denial for the reasons of the comments not answered. He said if you are requiring paying everything up front, you have to deliver everything in the end. Mr. Keller said in light of these two speakers and the points that they have made does the commissioners have any further thought for staff in going forward to public hearing. Mr. Dotson asked that the request go forward to public hearing. Ms. More said she was comfortable going forward. Ms. Firehock said that she had already said everything except in light of the two speakers she was leaning more in the sympathy zone for the length of time it takes to make substantial changes especially as we saw with the last recession where financial hardship also made it very difficult for people to move forward with proposals as they were originally construed. Ms. Riley said she was comfortable moving forward with this. Mr. Keller said that he was also. Ms. Spain said that she was also. Mr. Bivins said that he was comfortable but would still like there to be some conversation about constructive withdrawal when a person does not response and also was concerned that good ideas and people with investment ability tend to go to places where they can have those ideas be realized. Therefore, given that this area is entering into a group of regions that are competitive and attractive that we figure out ways in which we can be responsive and keep individuals who are bringing good ideas here. He said there is a population here that is being left on the side of the road and some of that occurs because we are comfortable with the amount of time that it takes to make a decision and does not think that time is what the market actually would like us to do. Mr. Keller thanked everyone for coming. Ms. Echols said this was the hardest presentations to put together due to the hard concepts and thanked the Commission for the direction. She said that the other changes to Section 33 and a table on what is going on will be provided and we will set the public hearing for August 7. ALBEMARLE COUNTY PLANNING COMMISSION —July 17, 2018 14 PARTIAL DRAFT MINUTES —ZTA-2017-6 Clarifications and Updates to Section 33 — 18-461 COUNTY OF ALBEMARLE STAFF REPORT AGENDA TITLE: ZTA 2017-06 Updates and Clarifications to Section 33 Zoning Text Amendments (ZTAs), Zoning Map Amendments (ZMAs), Special Use Permits (SPs) and Special Exceptions SUBJECT/PROPOSAL/REQUEST: Work Session on Zoning Text Amendment related specifically to Deferrals STAFF CONTACT(S): Elaine Echols, Bill Fritz, Greg Kamptner, John Blair AGENDA DATE: 7/17/18 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes PUBLIC PURPOSE TO BE SERVED: The purpose for the full amendment to Section 33 of the Zoning Ordinance is to update terms and definitions and clarify regulations and procedures related to ZTAs, ZMAs, SPs, and special exceptions. It is expected not only to improve the administration of these Zoning regulations, but also to provide more clarity for the public and others who use them. BACKGROUND: The Board of Supervisors adopted a resolution of intent to amend the Zoning Ordinance to make changes to Section 33 on April 5, 2017 (Attachment A). Included with other "clean-ups" are changes to Section 33 to codify existing practice and provide greater precision with deferrals of ZMAs and SPs. A deferral occurs when an applicant requests that staff suspend review of an application for a period of time or to extend the time for action by the Planning Commission or Board of Supervisors. At present, there are 35 zoning map amendment and special use permit requests under review. Over half are in some state of deferral. Activity with staff is taking place on a few of these projects; however, for some of the others, applicants have not been in contact with staff for many months or years. Current wording in the zoning ordinance implies a three- year limit for a project to achieve action by the Board of Supervisors but is not explicit. This lack of precision creates problems about the status of a project for applicants and the public. It is even more troublesome for staff who must spend at least ten hours per project ascertaining where a project sits on a time schedule for action by the Board of Supervisors if action has not been taken within one year or has not been to the Planning Commission. More hours are then spent cajoling applicants to make a written request for deferral. For example, on a controversial project submitted in early 2015, an additional fifteen hours was spent trying to get an applicant to provide a written request to defer a project. This project has not yet reached the Planning Commission for a public hearing and it is unknown when or if it will be scheduled. Such a situation is not uncommon. Because these activities are so time consuming and unpredictable for the public, staff is recommending that firm deadlines for action be included in the zoning ordinance. DISCUSSION: Proposed zoning text changes are included in Attachment B. They codify current practice relating to community meetings, provide a definitive time for action by the Board of Supervisors, and establish parameters and procedures for requesting deferral and withdrawal of an application. The proposed timeline is for a maximum of 36 months from acceptance of an application for review to action by the Board of Supervisors. Attachment C contains information on the purpose for each proposed change. Proposed changes also relate to the timing for payment of fees and for fee reductions if time runs out before the Board acts and an applicant must reapply. A roundtable discussion with members of the development community is scheduled for July 16. Results of this meeting will be shared with the Commission on July 17. Additional changes to Section 33 are under development by the County Attorney, which are similar to the "housekeeping" amendments approved for other sections in the Zoning Ordinance in recent months. These minor non -substantive changes will be provided with the amendments scheduled for public hearing later in the summer. BUDGET IMPACT: The zoning text amendments related to deferrals and community meetings will allow for increased staff time for development review or other planning projects. No additional staff or funding will be needed because of the amendments. RECOMMENDATION: Staff recommends that the Commission review the proposed changes, take public comment, and advise on any desired changes prior to holding a public hearing on Section 33 of the Zoning Ordinance. ATTACHMENTS: Attachment A: Resolution of intent for Section 33 ZTA adopted April 5, 2017 Attachment B: Draft Zoning Text Amendment for a portion of Section 33 Attachment C: Table of Proposed Changes for Zoning Text Amendment draft July 2, 2018 ATTACHMENT A Adopted by the Board of Supervisors April 5, 2017 on Consent Agenda RESOLUTION OF INTENT WHEREAS, the Albemarle County Zoning Ordinance includes regulations pertaining to legislative zoning actions such as zoning text amendments, zoning map amendments, special use permits, and special exceptions in Albemarle County Code § 18-33; and WHEREAS, it is desired to reorganize the section; to expressly enable the planning director to require an applicant to provide studies to identify impacts to roads, schools, public safety, and parks in conjunction with an application for a zoning map amendment; to require that notice be provided to holders of open space or conservation easements when an application for a zoning map amendment or special use permit has been filed pertaining to the eased property; to clarify the purpose of the community meeting and the consequences for an applicant's refusal to hold a community meeting; to clarify what is required for an application to be deemed complete; to amend the requirements to extend a deferral; and to amend related regulations as appropriate. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare, and good zoning and development practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to consider amending Albemarle County Code § 18-33 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. ATTACHMENT A ATTACHMENT B Draft: July 24, 2018 ORDINANCE NO. 18-18( ) 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, Renumbering, and Reorganizing: Old Sec. 33.1 Purpose and intent. Sec. 33.2 Uniform requirements for the initiation of zoning text amendments and zoning map amendments. Sec. 33.3 Uniform procedures for zoning text amendments and county -initiated zoning map amendments. Sec. 33.4 Uniform procedures for zoning map amendments not initiated by the county and special use permits. Sec. 33.5 Uniform procedures for special exceptions. Sec. 33.6 Zoning text amendments and zoning map amendments; relevant factors to be considered; effect of approval. Sec. 33.7 Owner -initiated zoning map amendment; authority to accept proffers. Sec. 33.8 Special use permits; relevant factors to be considered; conditions; revocation. Sec. 33.9 Special exceptions; relevant factors to be considered; conditions. New Division 1. Zoning Text Amendments Sec. 33.1 Introduction. Sec. 33.2 Initiating a zoning text amendment. Sec. 33.3 Worksessions, stakeholder meetings, community meetings, and other public engagement. Sec. 33.4 Public hearings; notice. Sec. 33.5 Recommendation by the Planning Commission. Sec. 33.6 Action by the Board of Supervisors. Division 2. Zoning Map Amendments Initiated by the County Sec. 33.7 Introduction. Sec. 33.8 Initiating a zoning map amendment. Sec. 33.9 Worksessions, stakeholder meetings, community meetings, and other public engagement. Sec. 33.10 Public hearings; notice. Sec. 33.11 Recommendation by the Planning Commission. Sec. 33.12 Action by the Board of Supervisors. Division 3. Zoning Map Amendments Initiated by an Owner Sec. 33.13 Introduction. Sec. 33.14 Pre -application meeting. Sec. 33.15 Application for a zoning map amendment. Sec. 33.16 Information submitted with application; all applications. Draft: July 24, 2018 Sec. 33.17 Information submitted with application; conventional districts. Sec. 33.18 Information submitted with application; planned development districts, including neighborhood model districts. Sec. 33.19 Information submitted with applications; neighborhood model districts. Sec. 33.20 Filing the application; determining completeness of the application; paying fees; resubmitting an application originally determined to be incomplete. Sec. 33.21 Studies identifying potential impacts of zoning map amendment. Sec. 33.22 Proffers. Sec. 33.23 Worksessions. Sec. 33.24 Community meetings. Sec. 33.25 Public hearings; notice. Sec. 33.26 Recommendation by the Planning Commission. Sec. 33.27 Action by the Board of Supervisors. Sec. 33.28 Effect of approval of zoning map amendment; effect of proffers once accepted. Sec. 33.29 Resubmitting a similar denied application within one year is prohibited. Division 4. Special Use Permits Sec. 33.30 Introduction. Sec. 33.31 Pre -application meeting. Sec. 33.32 Application for a special use permit. Sec. 33.33 Information the Director of Planning may require to be submitted with application. Sec. 33.34 Filing the application; determining completeness of the application; paying fees; resubmitting an application originally determined to be incomplete. Sec. 33.35 Studies identifying potential impacts of special use permit. Sec. 33.36 Worksessions. Sec. 33.37 Community meetings. Sec. 33.38 Public hearings; notice. Sec. 33.39 Recommendation by the Planning Commission. Sec. 33.40 Action by the Board of Supervisors. Sec. 33.41 Revoking a special use permit for noncompliance with conditions. Sec. 33.42 Resubmitting a similar denied application within one year is prohibited. Division 5. Special Exceptions Sec. 33.43 Introduction. Sec. 33.44 Application for a special exception. Sec. 33.45 Filing the application; determining completeness of the application; paying fees; resubmitting an application originally determined to be incomplete. Sec. 33.46 Studies identifying potential impacts of special exception. Sec. 33.47 Public hearings; when required; notice. Sec. 33.48 Recommendation by the Planning Commission when required. Sec. 33.49 Action by the Board of Supervisors. Sec. 33.50 Revoking a special exception for noncompliance with conditions. Sec. 33.51 Resubmitting a similar denied application within one year is prohibited. Division 6. Deferring Action and Withdrawing an Application Sec. 33.52 Deferring action. Sec. 33.52 Requesting action after deferral. Sec. 33.54 Withdrawing an application. Draft: July 24, 2018 Chapter 18. Zoning Article IV. Procedure Section 33 Zoning Text Amendments, Zoning Map Amendments, Special Use Permits, and Special Exceptions exeept fof those delegated by this ehapter-t amendments, speeial use permits> o he bear -d of zoning appeals, a-ad�i eeial exeept}efiS (§ 33. 1, �8(�2 5 12 �� etive 4 1 131§ 3� n 12 10 80; Or -d. 0 18(6) 10 3 01) (§ 33. 12 10 � � T�crrc � ��� : o�c To ��o � orcroT Toto�o � o����c Tv- �7 amend,supplement, > > or- practiee requires. The initimiea of this pr-eeess shall be > as follows7L > > or- good zoning IN �i Ell Draft: July 24, 2018 . . .. . . . . . . . . . . . . Mill III! ItIFIF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... MINLIQU Draft: July 24, 2018 ms 1 imlef mm mill delegated by this ehapter- to the board of zoning appeals under- seetion 4.15.5, shall be subjeet to •. ms 1 imlef mm mill delegated by this ehapter- to the board of zoning appeals under- seetion 4.15.5, shall be subjeet to Draft: July 24, 2018 NOW mwlfl� go v16 WAR �. , Draft: July 24, 2018 HUMMINI 11.111111. WIN-' .0. . . . . . . . . . . . Draft: July 24, 2018 11k NMI. •.11111111. MO.. WHOM.' Mmm . MO. MI. ... . ..jijj�� Draft: July 24, 2018 IM IM Mill S Draft: July 24, 2018 analysis of the major --issues, seek direction ffom the boaFd of commission on their- expectations eomments. 10 I 10 Draft: July 24, 2018 11 ft�. • •. �.liftPillI III Ifol i III 11111i !Ill All IMR ME I!Ill! 11 Draft: July 24, 2018 12 INII1NIMiYM�W1MIWIMWICINNvi4lti0l 12 Draft: July 24, 2018 _ • !I !IM ! • • 13 f1foposed use, the Paf extension is eomplexity made. Upon of the feview, wr-itten Fe"est and the laws in feeeived by the effeet at the time the eleAE of the board e& to be reasonable, taking into eonsidefation the size of oat-twe of the pFE)pE)sed tise, the eomple*ity of the f:eview, made. The timely r-eceipt the extended defefr-al pefiod and the laws by the eler4c until the in effeet of the ext boafd aets on at the time the r-e"est t shall the , osr for- e*tension is to!! the expifation of _ • !I !IM ! • • 13 Draft: July 24, 2018 b. Appheation. Each appheation for- a speeial exeeption shall be made as pfovided by, and inelude t , vaFiation of substitution. 14 1 10 14 M. MINNOW ..fM 14 Draft: July 24, 2018 proposed eonditions. 15 ''III All . . ....... . . I 1� I I I I I IH 11 11 M11 Kim . ......... ........ . ... . ........ . ................ ... . . . ........ MVM 15 Draft: July 24, 2018 16 oil 1 .M 0! -M M 111.11 we Mill Mi Mill - Ilk 16 Draft: July 24, 2018 m WE 0. 111 POWN M OWN. M*1 I9r•1L\m•[VN1aN17LVAaYKSS0]NN4kTAF11\Y0.NLr•YIrlbxl1 r•7NWarlk\(Va1INA 17INA Ia•rlOs11YYr 1012 add .tet 1,.t� T pr-oposoa speeial 3. H-ai-Hion:y. The proposed speeiai ttse will be in harmony with the p-bir-pose and intent 0 ehapter-, with the uses peFmitted by right in tke distr-iot, with the r-egttla4ions pr-ovided ift P'tr 17 0. 111 POWN M OWN. M*1 I9r•1L\m•[VN1aN17LVAaYKSS0]NN4kTAF11\Y0.NLr•YIrlbxl1 r•7NWarlk\(Va1INA 17INA Ia•rlOs11YYr 1012 add .tet 1,.t� T pr-oposoa speeial 3. H-ai-Hion:y. The proposed speeiai ttse will be in harmony with the p-bir-pose and intent 0 ehapter-, with the uses peFmitted by right in tke distr-iot, with the r-egttla4ions pr-ovided ift P'tr 17 Draft: July 24, 2018 18 \ ... . ....... . ................ Tl ".Tm; i ji \iNINEPIN ROMM W.M. WON i/ 18 Draft: July 24, 2018 Division 1. Zoning Text Amendments 1 Introduction. This division establishes the procedures and reauirements for amending the text of this chanter b adopting an ordinance (as used in this division. a "zoning text amendment"). The Board of Supervisors may adopt a zoning text amendment whenever the public necessity. convenience, general welfareor good zoning practices requires. The Commission shall consider these bases when making a recommendation on a zoning text amendment. State law reference-Va. Code && 15.2-2280. 15.2-2285. 15.2-2286. Sec. 33.2 Initiating a zoning text amendment. A zoning text amendment may be initiated as follows: A. By the Board of Supervisors. The Board of Supervisors may initiate a zoning text amendment by adopting a resolution. B. By the Commission. The Commission may initiate a zoning text amendment by adopting either a motion or a resolution. State law reference-Va. Code §§ 15.2-2285, 15.2-2286, Sec. 33.3 Worksessions, stakeholder meetings, community meetings, and other public engagement. The Director of Planning may schedule worksessions before the Board of Supervisors. the Commission, and the Architectural Review Board, if applicable. The Director is also authorized to hold stakeholder meetings, community meetings, and other forms of public engagement, as the Director determines to be appropriate or as directed by the Board of Supervisors or the Commission, to consider any proposed zoning text amendment. State law reference-Va. Code && 15.2-2285. 15.2-2286, Sec, 33.4 Public hearings: notice. Public hearings on a proposed zoning text amendment are required as follows: A. When public hearings are required. The Commission shall hold at least one public hearing before it makes its recommendation to the Board of Supervisors. After the Board receives the recommendation from the Commission, it shall hold at least one public hearing before acting. B. Notice of public hearings, generally. The Department of Community Development shall provide notice of the public hearings before the Commission and the Board pursuant to Virginia Code & 15.2- 2204. 19 (§ 33.9, n. -.l 12 18(7), 12 State law r—efereeee v. c 12, oFF e five Code § 15.2 2296( n 1 13; R vz) 3 4 n, -.l 12 18(1), 2 4 12 Division 1. Zoning Text Amendments 1 Introduction. This division establishes the procedures and reauirements for amending the text of this chanter b adopting an ordinance (as used in this division. a "zoning text amendment"). The Board of Supervisors may adopt a zoning text amendment whenever the public necessity. convenience, general welfareor good zoning practices requires. The Commission shall consider these bases when making a recommendation on a zoning text amendment. State law reference-Va. Code && 15.2-2280. 15.2-2285. 15.2-2286. Sec. 33.2 Initiating a zoning text amendment. A zoning text amendment may be initiated as follows: A. By the Board of Supervisors. The Board of Supervisors may initiate a zoning text amendment by adopting a resolution. B. By the Commission. The Commission may initiate a zoning text amendment by adopting either a motion or a resolution. State law reference-Va. Code §§ 15.2-2285, 15.2-2286, Sec. 33.3 Worksessions, stakeholder meetings, community meetings, and other public engagement. The Director of Planning may schedule worksessions before the Board of Supervisors. the Commission, and the Architectural Review Board, if applicable. The Director is also authorized to hold stakeholder meetings, community meetings, and other forms of public engagement, as the Director determines to be appropriate or as directed by the Board of Supervisors or the Commission, to consider any proposed zoning text amendment. State law reference-Va. Code && 15.2-2285. 15.2-2286, Sec, 33.4 Public hearings: notice. Public hearings on a proposed zoning text amendment are required as follows: A. When public hearings are required. The Commission shall hold at least one public hearing before it makes its recommendation to the Board of Supervisors. After the Board receives the recommendation from the Commission, it shall hold at least one public hearing before acting. B. Notice of public hearings, generally. The Department of Community Development shall provide notice of the public hearings before the Commission and the Board pursuant to Virginia Code & 15.2- 2204. 19 Draft: July 24, 2018 C. Notice ofpublic hearings, imposing or increasing fees. The Department of Community Development shall provide notice of the public hearings before the Commission and the Board of Supervisors pursuant to Virginia Code && 15.2-107 and 15.2-2204 if the proposed zoning text amendment would impose or increase fees under this chanter, State law reference-Va. Code §§ 15.2-107. 15.2-2204, 15.2-2285. 15.2-2286. Sec. 33.5 Recommendation by the Planning Commission The Commission shall act on a proposed zoning text amendment as follows: A. Recommendation. The Commission shall either recommend approval of the zoning text amendment as proposed, approval of the zoning text amendment with recommended changes to the text. or disapproval. B. Factors to be considered. In making its recommendation. the Commission shall consider the same factors considered by the Board of Supervisors pursuant to Section 33.6. C. Time for recommendation. The Commission shall make its recommendation on the proposed zoning text amendment within 90 days after the first Commission meeting at which it is considered. The Commission's failure to make a recommendation within the 90 -da period is deemed to be a recommendation of approval. unless the Commission extends the 90-daLperiod. If the Commission extends the 90 -day period, the Board may at any time direct the Commission to make a recommendation before the deadline established by the Board. State law reference-Va. Code §§ 15.2-2280, 15.2-2284, 15.2-2285. Sec, 33.6 Action by the Board of Supervisors The Board of Supervisors shall act on a proposed zoning text amendment as follows: A. Action. The Board may either adopt the zoning text amendment, defer action to allow further amendments to the text to be made, not adopt the zoning text amendment, or refer the matter back to the Commission for further consideration and recommendation within the time for an action provided in subsection (Cl. B. Factors to be considered. In acting on a zoning text amendment. the Board shall reasonably consider the following factors: (i) the existing use and character of property: (ii) the Comprehensive Plan: (iii) the suitability of property for various uses: (iv) the trends of growth or change: (v) the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies: (vi) the community's transportation requirements: (viii the requirements for aimorts, housing, schools, parks, playgrounds, recreation areas, and other public services: (viii) the conservation of natural resources: (ix) preservingplains; (x) protectinglife and property from impounding structure failures: (xi) preserving agricultural and forestal land: (xiil conserving properties and their values: and (xiii) encouraging the most appropriate use of land throughout the County. The Board's failure to expressly consider all of these factors does not invalidate its action. C. Time for action. The Board shall act on a zoning text amendment within a reasonable period as may_ be necessary not to exceed 12 months after the first meeting at which it was considered by the 20 Draft: July 24, 2018 Commission, unless the Board extends the 12 month period. State law reference-Va. Code §§ 15.2-2280, 15.2-2284, 15.2-2285, 15.2-2286. Division 2. Zoning Man Amendments Initiated by the County Sec. 33.7 Introduction. This division establishes the procedures and requirements for amending the zoning map when the proposed amendment is initiated by the County (as used in this division. a "zoning map amendment"l. The Board of Supervisors may adopt a zoning map amendment whenever the public necessity, convenience, general welfare, or good zoning practice requires. State law reference-Va. Code §§ 15.2-2280, 15.2-2284, 15.2-2285 15.2 -22,8 -6 - Sec. 33.8 Initiating a zoning map amendment. A zoning map amendment may be initiated by the County as follows: A. By the Board of Supervisors. The Board of Supervisors may initiate a zoning map amendment by adopting a resolution. B. By the Planning Commission. The Planning Commission may initiate a zoning map amendment bv_ adopting either a motion or a resolution. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. See. 33.9 Worksessions, stakeholder meetings, community meetings, and other public engagement. The Director of Planning may schedule worksessions before the Board of Supervisors, the Commission. and the Architectural Review Board, if applicable. The Director is also authorized to hold stakeholder meetings, community meetings, and other forms of public engagement, as the Director determines to be appropriate or as directed by the Board of Supervisors or the Commission, to consider any proposed zoning map amendment initiated by the County. State law reference-Va. Code §§ 15.2-2285, 15.2-2286, Sec, 33.10 Public hearings: notice. Public hearings on a proposed zoning map amendment are required as follows: A. When public hearings are required. The Commission shall hold at least one public hearing before it makes its recommendation to the Board of Supervisors. After the Board receives the recommendation from the Commission, it shall hold at least one public hearing before acting. B. Notice ofnublic hearings. Notice of the public hearings shall be provided as follows: 1. Published and mailed notice. The Department of Community Development shall provide notice of the public hearings before the Commission and the Board as required by Virginia Code §§ 15.2-2204 and 15.2-2285(C). 21 Draft: July 24, 2018 2. Posted notice. The Department of Community Development shall post notice of the public hearings by posting one or more signs as follows: a. When a sign must be posted. The sign shall be posted at least 21 days before the Commission's public hearing and shall remain posted until the Board has acted on the zoning map amendment. b. Where a sign is to be located. The sign shall be erected within 10 feet of each boundary line of the parcel(s) that is the subject of the zoning map amendment abutting a street and shall be placed so that it is clearly visible from the street. If more than one street abuts the parcel(sl. 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 zoning map amendment is approved 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 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 that is not subject to the zoning map amendment in locations that are most conspicuous to the public. Before posting a sign on a parcel. the Zoning Administrator shall obtain the consent of the owner to do so if the parcel is not owned by the County. c. Content ofa 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 County shall endeavor to 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. e. Ownership ofa sign: violation for removing or tampering with a sign. Each sign is the property of the County. It is unlawful for any person to remove or tamper with any sign. except the County or its employees or authorized agents performing maintenance required by this subsection. f. Effect ofailure to come. If the Department of Community Development fails to post any sign required by this subsection (Bl(21: 1. Prior to action by the Board. The Board may defer acting on a zoning text amendment if it finds that the failure to comply with this subsection materially deprived the public of reasonable notice of the public hearing. 2. Action is not invalid. Neither the Commission's recommendation nor the Board's approval of a zoning map amendment is invalid solely because of the failure to post notice as required by this subsection. State law reference-Va. Code §§ 15.2-2204, 15.2-2285, 15.2-2286. Sec. 33.11 Recommendation by the Planning Commission The Commission shall act on a proposed zoning map amendment as follows: 22 Draft: July 24, 2018 A. Recommendation. The Commission shall either recommend approval of the zoning man amendment as proposed, approval of the zoning map amendment with recommended changes, or denial of the application. B. Factors to be considered. In making its recommendation. the Commission shall consider the same factors considered by the Board of Supervisors pursuant to section 33.12. C. Time for recommendation. The Commission shall make its recommendation on the proposed zoning map amendment within 90 days after the first Commission meeting at which it is considered. The failure of the Commission to make a recommendation on the matter within the 90 -day period shall be deemed to be a recommendation of approval, unless the Commission extends the 90 -day -period, State law reference-Va. Code § 15.2-2280, 15.2-2284, 15.2-228515.2-2286. ec. 33.12 Action by the Board of Su - The Board of Supervisors shall act on a proposed zoning map amendment as follows: A. Action. The Board may either adopt the zoning =map amendment, deny the application fora. zoning map amendment, or refer the matter back to the Commission for further consideration and recommendation within the time for an action provided in subsection (C). The Board may not adopt a zoning map amendment allowin a more intensive use, or including more land, than was contained in the public notice without an additional public hearing after notice is provided pursuant to Virginia Code && 15.2-2204 and 15.2-2285(C). B. Factors to be considered. In acting on a zoning map amendment, the Board shall reasonably consider the following factors: (i) the existing use and character of property; (ii) the Comprehensive Plan; (iii) the suitability of property for various uses; (iv) the trends of growth or change: (v) the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies: (vi) the community's transportation requirements; (viii the requirements for airports, housing, schools, parks, playgrounds, recreation areas, and other public services; (viii) the conservation of natural resources; (ix) preserving floodplains; (x) pTqWqfiq&jjfe and property from impounding structure failures: (xi)preserving gricultural and forestal land; (xiil conserving properties and their values; and (xiii) encouraging the most appropriate use of land throughout the County. The Board's failure to expressly_ consider all of these factors does not invalidate its action. C. Time for action. The Board shall act on a zoning text amendment within a reasonable period as may_ be necessary, not to exceed 12 months after the first meeting at which it was considered by the Commission, unless the Board extends the 12 month period. State law reference-Va. Code && 15.2-2280. 15.2-2284, 15.2-2285. 15.2-2286. Division 3. Zoning Map Amendments Initiated by an Owner Sec, 33.13 Introduction. This division establishes the procedures and reauirements for amending the zoning man when the amendment is initiated by an owner or other persons authorized by Section 33.15 (as used in this division, a "zoning map amendment"). The Board of Supervisors may adopt a zoning map amendment whenever the public necessity, convenience, general welfare, or good zoning practice requires. 23 Draft: July 24, 2018 State law reference-Va. Code &b 15.2-2280. 15.2-2284. 15.2-2285 15.2-2286. Sec. 33.14 Pre -application meeting. Any prospective applicant for a zoning man amendment shall request and hold a meeting with the Department of Community Development before filing an application to the County. This meeting is referred to as the "pre -application meeting." A. Submitting information. The applicant shall complete and submit information on County -provided forms before or during the pre -application meeting. B. Purposes for a pre -application meeting. The p=oses 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 of Planning to identify the information the applicant must submit with the application Dursuant to Sections 33.16 through 33.19. C. When a pre -application meeting is not required. The Director may exercise discretion and decide that a pre -application meeting is not required upon considering the following: (i) whether the proposed use, the proposed density. the Proposed scale, Dotential impacts, and other relevant considerations apple sound zoning= principles do not warrant a pre -application meeting(ii) whether the information that may be required pursuant to Sections 33.16 through 33.19 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. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. See, 33.15 Application for a zoning map amendment. Each application for a zoning map amendment is subject to the following: A. Who may file an application. An owner, a contract purchaser with the owner's consent, or the owner's authorized agent may file an application for a zoning map amendment (collectively in this division the "owner" or the "applicant). In addition. 1. Amendments to existing proffers. Proffers that have been accepted by the Board of Supervisors in conjunction with a zoning map amendment may be amended by a later zoning man amendment. An owner whose parcel is subject to proffers may pply to amend the proffers applicable solelyto that owner's parcel. An application to amend proffers is subject to the procedures and requirements of this division, provided that the requirements described below may be waived 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 before submitting its application for a zoning map amendment: a. Waiving the requirement for public hearings. The Board may waive the requirement for a public hearing by the Commission or by the Board, or both, and the associated notice requirements, as otherwise required by this division: and, if the Board waives the 24 Draft: July 24, 2018 requirement for a public hearing by the Commission, it also may waive the requirement for a recommendation from the Commission. b. Waiving procedural requirements. The Board may waive one or more of the procedural requirements in Sections 33.14, 33.22, and 33.23. c. Waiving application requirements. The Board may waive any supplemental information which may otherwise be required to be submitted with an application under Sections 33.16 through 33.19, and determine the number of copies of the application that must be filed. 2. Amendments to existing planned developments. An owner within an existing planned development may apply for a zoning map amendment applicable solely to that owner's parcel if it would not result in or require: (i) a change in use, density, or intensity on any other parcel in the planned development; (ii) a change to any regulation in a code of development that would apply to any other parcel in the planned development; (iii) a change to any other owner's express obligation under a regulation in a code of development; or (iv) a change to the application plan that would apply to any other parcel in the planned development. B. Who must sign an application. The application shall be signed by the owner of each parcel that is the subject of the proposed zoning map amendment. In addition: 1. Amendments to existing proffers. The signatures of the owners of any other parcels subject to the same proffers are not required when an owner applies to amend the proffers applicable solely to its parcel. 2. Amendments to existing planned developments. The signatures of any other owners within an existing planned development are not required if the owner -applicant is eligible to awly for a zoning map amendment applicable solely its parcel as provided in subsection(A)(21. C. Documentation regarding the authority to apply. The Director of Planning may require the applicant to submit documentation establishing ownership of any parcel that is the subject of the application and the authority of each signatory to signpplication on behalf of the owner. D. Application forms. The Director of Planning may establish appropriate application forms for zoning map amendments. The application forms may identify the information required to be provided pursuant to Sections 33.16 through 33.19. E. Information submitted with an application. Each application shall include the information identified in Sections 33.16 through 33.19, as applicable, provided that the Director of Planning may. upon written request received from the owner, determine that the owner is not required to provide certain information, depending on: (j) the nature or extent of the proposed zoning map amendment; (ii) the proposed use; (iii) the proposed density(iv) the proposed district; (v) whether the application is to establish or amend a planned development district, including a neighborhood model district; and (vi) other considerations the Director determines to be relevant applying sound zonjng principles. State law reference-Va. Code && 15.2-2285. 15.2-2286. 15.2-2302. Sec. 33.16 Information submitted with application: all applications, Each application for a zoning map amendment shall include the following information: 25 Draft: July 24, 2018 A. Project proposal. A narrative of the project proposal, including its public need or benefit. B. 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. C. Impacts on public facilities and infrastructure. A narrative of the proposed project's impacts on public facilities and public infrastructure. D. Impacts on envjronmental features. A narrative of the proposed project's impacts on environmental features. E. Maps. One or more mans showing the proposed project's regional context and existing natural and manmade physical conditions. F. Recorded plat or boundary survey. The most recently recorded plat of the parcel(s) composing 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. G. 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 and all other related documents. H. Contact person. The name, address, telephone number, and email address of a single contact person for communications between the county and the applicant. I. Payment of delinquent taxes and other charges. Satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the parcel that is the subject of the application, that are owed to the County. and have been roperly assessed against the parcel, have been Haid. J. Other information. Other special studies or documentation, if applicable, and any other information identified as necessary y the County on the pre -application comment form. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Sec. 33.17 Information submitted with application; conventional districts. In addition to the information that may be required by Section 33.16, each application for a zoning map amendment to establish or amend a conventional district shall include a conceptual plan showing applicable: A. Street network. The street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of theproject. B. Cross-sections. Typical street cross-sections to show proportions, scale and streetscape/cross- sections/circulation. C. Pedestrian and bicycle facilities. The general location of pedestrian and bicycle facilities. D. Buildings and parking. Buildingenvelopes and parkin envelopes. 26 Draft: July 24, 2018 E. Public areas. Public spaces and amenities. F. Conservation and Preservation areas. Areas to be designated as conservation areas and preservation areas. G. Stormwater management. Conceptual stormwater detention facility locations. H. Grading. Conceptual grading_ State law reference-Va. Code §.§ 15.2-2285, 15.2-2286. See, 33.18 Information submitted with application: planned development districts, including neighborhood model districts. In addition to the information that may be required by Section 33.16, each application for a zoning map amendment to establish or amend a planned development district, includinganeighborhood model district, shall include the following information: A. May. If the application 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 development district. The map shall also identify any area to be added to or deleted from the district, or identify_ the area to which the amended application plan. code of development, proffers, or any pecial use permit or special exception would apply. B. Application Plan. If the application is to establish a planned development district, including_a neighborhood model district, or to amend an approved application plan for an existing district. the applicant shall submit an application plan showing, as applicable: 1. Street network. The street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project. 2. Cross-sections. Typical street cross-sections to show proportions, scale, and streetscape/cross- sections/circulation. 3. Pedestrian and bicvcle facilities. The general location of pedestrian and bicvcle facilities. 4. Buildings and Barking. Buildingevelopes and parkin envelopes. 5. Public areas. Public spaces and amenities. 6. Conservation and preservation areas. Areas to be designated as conservation areas and preservation areas. 7. Stormwater management. Conceptual stormwater detention facility locations. 8. Grading. Conceptualrg ading. 9. Use table. 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. 27 Draft: July 24, 2018 10. Tonoyranhv. Tonography, using the County's geographic information system or more accurate 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. 11. Water and sewer systems. The general layout for water and sewer systems. 12. Central features and major elements. The location of central features or mai or 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, amenitiesand recreation areas. 13. Development standards. Development standards, including proposed yards, open space characteristics, and any landscape or architectural characteristics related to scale, proportions_ and massing at the edge of the district. 14. Lot layout. A conceotual lot layout. 15. Green spaces and amenities. If the application is to establish a neighborhood model district. the location of proposed green spaces and amenities as provided in Section 20A.9. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Sec. 33.19 Information submitted with application: neighborhood model districts, In addition to the information that may be required by Sections 33.16 and 33.18, if the application is to establish a neighborhood model district, the applicant shall provide the following information: A. Statement. 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. B. Neighborhood model principles. A narrative explaining the project's consistency with the neighborhood model as described in the Comprehensive Plan, C. Code of development. A code of development satisfyingthe he requirements of Section 20A.5. D. Parking and loading needs study. A parking and loading needs study that demonstrates parking needs and requirements. The study shall include strategies to address the parking needs and requjrements, including Zphasing zplans, parking alternatives as provided in Section 4.12.8, and transportation demand management strategies as provided in Section 4.12.12. The Director of Plannine may authorize the applicant to submit the parking and loading needs study in conjunction with the initial site plan for the development if the applicant shows to the Director's satisfaction that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. E. Stormwater management. Strategies to establish shared stormwater management facilitiesoff-site stormwater management facilities, and the proposed phasing to establish stormwater management facilities. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. 28 Draft: July 24, 2018 See, 33.20 Filing the application: determining completeness of the application: paving fees: resubmitting an application originally determined to be incomplete. Each application for a zoning man amendment shall be filed as follows: A. Where to file. The application shall be filed in the Department of Community Development. B. Number of conies to file. The Director of Planning may establish for each class of application the number of collated copies of the application required to be filed, to accept electronic applications for filing, or both. C. Determining completeness of the application. The Director of Planning shall review each filed application as follows: 1. Timing of the determination of completeness. The Director shall determine whether an application is complete within 10 days after the application was received. An application that provides all of the required information shall be determined to be complete and be accepted for review and decision. An application omittingany nv required information is incomplete and shall be deemed to not be filed and shall not be accepted for review and action. 2. Informing an applicant if the application is incomplete. If the Director determines that an application is incomplete, he shall inform the applicant by letter identifying what information must be submitted in order for the application to be complete. The letter shall be sent by first class mail or, if consented to by the applicant in writing, by fax or email (collectively. "sent"l. or be personally delivered. The letter shall be sent or personally delivered within 10 day_ s after the application was received. 3. Effect if timely determination is not made. If the Director does not send or personally deliver the letter as provided in subsection (C)(2) within the 10 -day period, the application shall be deemed to be complete, provided that: (i) the Director may require the applicant to later provide the omitted information within a period specified by the Director; and (ii) the Director may reject the application because it is incomplete if the applicant fails to timely provide the omitted information. 4. If an application is incomplete: submitting information. If an application is incomplete, the applicant may submit all of the information identified in the letter provided in subsection (Cl(21 within 90 days after the letter was sent or personally delivered. The Director shall review the information submitted to determine whether the application is complete as provided in this subsection (C). An incomplete application is void if the applicant fails to submit all of the information identified in the letter provided in subsection (C)(2) within 90 days after the letter was sent or personally delivered. If the applicant fails to timely submit the information identified in the letter, the applicant may proceed only filing a new application. D. Mailed notice that a complete application has been filed. For zoning map amendments pertaining to a _parcel subject to an open -space easement or a conservation easement, the Director of Planning provide written notice within 10 days after the application is determined to be complete to each holder of the open -space easement, other than the County, or the conservation easement. The notice shall inform the recipient that the application has been filed. An action on an application shall not be declared invalid solely because of the failure to timely mail this notice. E. Paying fees. The applicant shall pay the fees required by Section 35.1 when the application is 29 Draft: July 24, 2018 determined to be complete. The application shall not be reviewed, and any time by which action must be taken by the Commission or the Board of Supervisors shall not begin, until the applicant pays the fees. F. When an application is determined to be complete: effect. When the Director of Planning determines that the applicant has submitted all of the required information, it is determined to be complete. it is officially submitted for review and it is deemed to be referred to the Commission for the purpose of calculating the time in which action must be taken pursuant to Sections 33.26 and 33.27. State law reference-Va. Code §.§ 15.2-2285, 15.2-2286. Sec. 33.21 Studies identifying potential impacts of zoning man amendment. When the filed application is complete. the Director of Planning may require an applicant to submit studies identifying the nature and extent of potential impacts resulting from a proposed zoning map amendment. In addition: A. Studies pertaining to particular impacts. The following requirements apply to particular impacts: 1. Impacts on traffic, generally. The Director may require a traffic study for any application for a zoning map amendment. The scope of the appropriate traffic study shall be determined by the County's transportation engineer in consultation with the Virginia Department of Transportation. 2. Impacts on public transportation facilities, public safety facilities, public school facilities, and public narks: zoning man amendments for new residential development or new residential uses. For zoning map amendments that propose new residential development or new residential uses as defined in and subject to Virginia Code & 15.2-2303.4. studies that identify the impacts of the project on public transportation facilities, public safety facilities, public school facilities. and public parks. The studies shall identify impacts that are specifically attributable to the project and, for impacts to public facilities that are located outside of the project, shall also identi , :(il the extent to which the project creates a need, or an identifiable portion of a need, for one or more public facility improvements in excess of existing public facility capacity at the time of the zoning map amendment; and (ii) the extent to which the applicant or its successors would receive direct and material benefits from any proffer related to any public facility improvements. B. Form and content ofstudies; authority of the Director of Planning. The Director may establish the form and determine the required content of an, stud tudv. C. Time to submit studies. The Director may establish deadlines by which any studies must be submitted b the he applicant in order to provide County staff adequate time to review the study before scheduling the Commission's public hearing on the application. State law reference-Va. Code §§ 15.2-2285. 15.2-2286, 15.2-2303, 15.2-2303.4. Sec, 33.22 Proffers. The Board of Supervisors may accept proffers pursuant to Virginia Code §§ 15.2-2303 and 15.2-2303.4 in conjunction with zoning map amendments as follows: 30 Draft: July 24, 2018 A. Purpose. Proffers are reasonable conditions proposed by the applicant governing the use of parcels being rezoned. The conditions are in addition to the regulations in this chapter that apply to the district. B. Form. Proffers shall be in writing and be in a form that is approved by the County Attorney, The Director of Planning may provide applicants with a proffer statement form. C. Proffers addressing impacts on public transportation facilities, public safety facilities, public school facilities, and public parks: zoning map amendments for new residential development or new residential uses. For zoning map amendments that propose new residential development or new residential uses as defined in and subject to Virginia Code & 15.2-2303.4, any proposed proffers addressing the impacts resulting from the new residential development or new residential uses shall comply with the requirements of Virginia Code & 15.2-2303.4(Cl. D. Time to submit. The applicant shall submit proffers by the following deadlines: 1. Before the Commission's public hearing. Proposed proffers, regardless of whether they are signed by the owners of all parcels subject to the zoning map amendment, shall be submitted to the Department of Community Development at least 14 days before the Commission's public hearing on the zoning map amendment. 2. Before the Board of Supervisors' public hearing. Proposed proffers, signed by the owners of all parcels subject to the zoning map amendment, shall be submitted to the Department of Community Development before the Board's public hearing on the zoning map amendment. The Director of Planning may establish written guidelines that require signed proffers to be submitted a reasonable period of time prior to the public hearing to allow County officers and employees and members of the public a reasonable period of time to review the proffers. State law reference-Va. Code && 15.2-2303. 15.2-2303.4. Sec. 33.23 WorksessionL The Director of Planning may schedule one or more worksessions before the Board of Supervisors, the Commission, and the Achitectural Review Board ("ARB"), if applicable, on any application for a zoning map amendment, subject to the following: A. Purposes for a worksession. The purposes for a worksession are to present the proposed project to the Board, the Commission, or the ARB with the Department of Community Development's analysis of the major issues, seek direction from the Board, the Commission, or the ARB on their expectations in addressing those issues. B. Factors to consider in requiring a worksession. When deciding whether to conduct a worksession, the Director shall consider: (i) the nature of the approval requested: (ii) the acreage affected: (iiil the possible impacts that could result from an approved application: and (iv) any other factors deemed relevant upon applying sound zoning principles. C. When an applicant's consent is required. The applicant's consent to a worksession is required if the worksession would extend the time for action by the Commission or the Board beyond the deadlines in Sections 33.25 and 33.26. State law reference-Va. Code && 15.2-2285. 15.2-2286. 31 Draft: July 24, 2018 See, 33.24 Community meetings. The applicant shall schedule and conduct one or more community meetings on any application for a zoning map amendment, unless the requirement for a community meeting is waived as provided in subsection (B), subject to the followin. A. Purposes for a community meeting. The p=oses for a community meeting are to 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 the regulations applicable to the proposed project, and to allow the public to ask questions about the proposed project. B. Guidelines. The Director of Planning shall establish written guidelines pertaining to notification of nearby landowners. scheduling, and conducting community meetings. C. Community meeting may be waived: factors to consider. The Director may waive the requirement for holding a community meeting. The community meeting maybe waived when the Director. exercising reasonable discretion, decides that the meeting would not achieve the Purposes for the meet] &wM considering: (i) whether the application would be likely to generate any public concerns because of the nature of the approval requested, the acreage affected, the proposed density, the proposed scale, and the potential impacts: (ii) any other factors deemed relevant upon applying sound zonjn principles: and (iii) whether the applicant has already held one or more community meetings regarding the application, making a community meeting under this section unnecessary. D. Holding in conjunction with a citizen advisory committee meeting. A community meeting maybe held during a citizen advisory committee meeting. E. When community meeting is to be held. A community meeting shall be held prior to the first public hearing on the application for a zoning map amendment. F. Additional community meetings. The Director may require that an additional community meeting be held prior to a public hearing if a deferral has been requested and a project is resubmitted which is substantially different than the original project. State law reference-Va. Code §§ 15.2-2285, 15.2-2286, Sec. 33.25 Public hearings: notice. Public hearings on an application for a zoning map amendment are required as follows: A. When public hearings are required. The Commission shall hold at least one public hearing before it makes its recommendation to the Board of Supervisors. After the Board receives the recommendation from the Commission, it shall hold at least one public hearing before actin. B. Notice ofpublic hearings. Notice of the public hearings shall be provided as follows: 1. Published and mailed notice. The Department of Community Development shall provide notice of the public hearings before the Commission and the Board as required by Virginia Code && 15.2-2204 and 15.2-2285(C). 32 Draft: July 24, 2018 2. Posted notice. The Department of Community Development shall post notice of the public hearings by posting one or more signs as follows: a. When a sign must be posted. The sign shall be posted at least 21 days before the Commission's public hearing and shall remain posted until the Board has acted on the application or the application has been withdrawn. b. Where a sign to be located. The sign shall be erected within 10 feet of each boundary line of the parcel(s) that is the subject of the zoning map amendment abutting a street and shall be placed so that it is clearly visible from the street. If more than one street abuts the parcel (sl. 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 zoning map amendment is approved 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 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 that is not subject to the zoning =map amendment in locations that are most conspicuous to the public, Before posting a sign on a parcel. the Zoning Administrator shall obtain the consent of the owner to do so if the parcel is not owned by the County. c. Content ofa 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 to defer action on an application until there is reasonable compliance with this subsection. e. Ownership of sign: violation for removing or tampering with sign. Each sign is the property of the County. It is unlawful for any person to remove or tamper with any sign, except the applicant performing maintenance required by this subsection or the Zoning Administrator except the County or its employees or authorized agents performing maintenance required by this subsection. £ Effect of failure to comply. If the Department of Community Development fails to post any sign required by this subsection (Bl(21: 1. Prior to action by the Board. The Board may defer acting on an application if it finds that the failure to comply with this subsection materially deprived the public of reasonable notice of the public hearin . 2. Action is not invalid. Neither the Commission's recommendation nor the Board's approval of a zoning map amendment is invalid solely because of the failure to post notice as required by this subsection. State law reference-Va. Code §§ 15.2-2204, 15.2-2285, 15.2-2286. 33 Draft: July 24, 2018 See, 33.26 Recommendation by the Planning Commission, The Commission shall act on an application for a zoning man amendment as follows: A. Recommendation. The Commission shall either recommend approval of the zoning map amendment as proposed, approval of the zoning man amendment with recommended changes, or disapproval. The Commission's recommendation also should include its recommendations on any proposed proffers and, for any application to establish or amend a planned development district, including a neighborhood model district, its recommendations on the application plan, the code of development. and any special exception requested. B. Factors to be considered. In making its recommendation, the Commission shall consider the same factors considered by the Board of Supervisors pursuant to Section 33.27. C. Time for recommendation. The Commission shall make its recommendation on the proposed zoning map amendment within 90 days after the application is determined to be complete. The failure of the Commission to make a recommendation on the matter within the 90 -day period shall be deemed to be a recommendation of approval. The 90 -day period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code && 15.2-2284. 15.2-2285. 15.2-2286. See, 33.27 Action by the Board of Supervisors. The Board of Supervisors shall act on an application for a zoning map amendment as follows: A. Action. The Board may either adopt the zoning map amendment. denv the anplication for a zonin map amendment, defer acting for a period of up to 36 months from the date the application was determined to be complete to allow changes to be made to the application b the he applicant prior to action by the Board, or refer the matter back to the Commission for further consideration and recommendation within the time for an action provided in subsection (C). 1. Authority to accept proffers. In approving an application for a zoning map amendment, the Board may accept the proposed proffers. 2. Intensification of use classification or expanding the land being rezoned is prohibited without additional notice and hearing. The Board may not adopt a zoning map amendment allowing a more intensive use, or including more land, than was contained in the public notice without an additional public hearing after notice is provided Dursuant to Virginia Code 66 15.2-2204 and 15.2-2285(C). B. Factors to be considered. In acting on a zoning map amendment. the Board shall reasonably consider the following factors: (i) the existing use and character of property; (ii) the Comprehensive Plan: (iii) the suitability of property for various uses: (iv) the trends of growth or change: (v) the current and future requirements of the community as to land for various pumoses as determined by population and economic studies and other studies: (vi) the community's transportation requirements: (viii the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services: (viii) the conservation of natural resources: (ix) preserving flood plains: (x) protecting life and property from impounding structure failures: (xi) preserving agricultural and forestal land: (xiil conserving properties and their values: and (xiii) encouraging the most appropriate use of land 34 Draft: July 24, 2018 throughout the County. The Board's failure to expressly consider all of these factors does not invalidate its action. In addition: 1. Additional factors to be considered when acting on an application to establish Planned development district_ including a neighborhood model district. In addition to the other factors relevant to the consideration of a zoning man amendment. the Board shall consider the following when it reviews an application to establish a planned development district, including a neighborhood model district: (i) whether the proposed planned development satisfies the purpose and intent of the planned development district: (ii) whether the area proposed to be rezoned is appropriate for a planned development under the Comprehensive Plan: and (iii) the relation of the proposed planned development to major roads, utilities, public facilities, and public services. 2. Additional factors to be considered when acting on an application to amend existing planned development district. In addition to the other factors relevant to the consideration of a zoning map amendment. the Board shall consider the following when it reviews an application to amend an existing planned development district: (i) whether the proposed amendment reducesmaintains. or enhances the criteria of a planned development stated in Section 8.3: and (ii) the extent to which the proposed amendment impacts the other parcels within the planned development district. C. Amendments to proposed proffers after the public hearing has begun. The Board may accept, in its sole discretion, amended proffers after the public hearing on the zoning map amendment has bei 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 D. Time for action. The Board shall act on an application for a zoning map amendment within a reasonable period as may be necessary, not to exceed 12 months after the application was determined to be complete. The 12 month period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code && 15.2-2204. 15.2-2284, 15.2-2285, 15.2-2286. 15.2-2303. Sec. 33.28 Effect of approval of zoning map amendment: effect of proffers once accented. The Board of Supervisors' adoption of a zoning map amendment constitutes acceptance of the proffers and also, for anyapplication to establish or amend a planned development district, approval of the application plan, all standards of development, and the code of development. In addition: A. Become Bart ofzoning regulations. The district designation, the accepted proffers, the approved application plan, the standards of development, and the code of development, are part of the zoning regulations applicable to the parcel(s) that was the subject of the zoning map amendment. B. Effect of proffers once they are accepted. Once proffered and accepted by the Board in conjunction with an adopted zoning map amendment, the proffers continue in effect until a subsequent zoning map amendment changes the zoningof f the parcel(s) subject to the proffers; provided that the proffers continue in effect if the subsequent zoning map amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. State law reference-Va. Code §§ 15.2-2285, 15.2-2286, 15.2-2303. 35 Draft: July 24, 2018 See, 33.29 Resubmitting a similar denied application within one year is prohibited. An owner may not submit an application for a zoning man amendment that is substantially the same as a denied application for a zoning man amendment for the same parcel(s) within one year after the date of the denial by the Board of Supervisors. State law reference-Va. Code && 15.2-2285. 15.2-2286. Division 4. Special Use Permits Sec, 33.30 Introduction, This division establishes the regulations and safeguards for filing, reviewing, and acting on applications for special use Hermits. A. Power to grant special use permits is reserved by the Board of Supervisors. The Board of Supervisors reserves the power to consider and approve or deny all applications for special use permits except as the power has been delegated to the Board of Zoning Appeals to consider and approve or deny_ applications for special use permits as provided in Section 34.5. B. Matters eligible for a special use permit. The Board may approve special use permits for those use classifications identified in the district regulations allowing identified uses by special use permit. See, 33.31 Pre -application meeting. Any prospective applicant for a special use permit shall request and hold a meeting with the Department of Community Development before filing an application with the Department. This meeting is referred to as the "pre -application meeting A. Submitting information. The applicant shall complete and submit information on County -provided forms before or during the pre -application meeting. B. Purposes for a pre -application 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 of Planning to identify the information the applicant must submit with the application pursuant to Section 33.33. C. When a pre -application meeting is not required. The Director of Planning, exercising reasonable discretion, may decide that the pre -application meeting would not achieve the purposes for the meeting pon considering the following: (i) whether the proposed use, the proposed density proposed scale and potential impacts, and other relevant considerations applying sound zo"m principles do not warrant a pre -application meeting; (ii) whether the information delineated in section 33.33 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. 36 Draft: July 24, 2018 State law reference-Va. Code § 15.2-2286. Sec. 33.32 Application for a special use Hermit Each application for a special use permit shall be filed as follows: A. Who may file an application. An owner, a contract purchaser with the owner's consent, the owner's authorized agent (collectively in this division. the "owner" or the "applicant), or an eligible easement holder may file an application for a special use permit. An "eligible easement holder" is a holder of an easement for which the special use permit is sought for a use allowed by the deed of easement or equivalent instrument. B. Who must sign an application. The application shall be signed by the owner or the eligible easement holder of each parcel that is the subject of the special use permit. C. Documentation regarding the authority to apply. The Director of Planning may require the applicant to submit documentation establishing ownership of, or the easement interest in, any parcel that is the subject of the application and the authority of each si 11?�ry to sip Lh=e application on behalf of the owner or the eligible easement holder. D. Application forms. The Director of Planning may establish appropriate application forms for special use permits. E. Information required to be submitted with an application. Each application shall include the information identified in Section 33.33 required by the Director of Planning to be submitted. In determining what information the applicant must submit. the Director shall consider the proposed use and other relevant considerations applying sound zoning principles. State law reference-Va. Code § 15.2 -22&6 - Sec, 33.33 Information the Director of Planning may require to be submitted with application. The Director of Planning may require any of the following information to be submitted with an application for a special use permit: A. Project proposal. A narrative of the project proposal, includingpublic need or benefit. B. 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. C. Impacts on public facilities and infrastructure. A narrative of the proposed project's impacts on public facilities and public infrastructure. D. Impacts on environmental features. A narrative of the proposed project's jmpacts on environmental features. E. Maps. One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions. F. Conceptual plan. A conceptual plan showing, as applicable: 37 Draft: July 24, 2018 1. Street network. The street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project. 2. Cross-sections. Typical street cross-sections to show proportions, scale. and streetscape/cross-sections/circulation. 3. Pedestrian and bicycle facilities. The general location of pedestrian and bicycle facilities. 4. Buildings and narking. Building envelopes and parking envelopes. 5. Public areas. Public spaces and amenities. 6. Conservation and preservation areas. Areas to be designated as conservation areas and preservation areas. 7. Stormwater management. Conceptual stormwater detention facility locations. 8. Grading. Conceptual grading. G. 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. If the applicant is an easement holder, also the most recently recorded easement plat showing the boundaries of the easement. H. Ownership information. Documents that verify the identity of all record title owners of the parcel(sl composing the proposed project and documents identifying the authorized signatories of the application and all other related documents. I. Contact person. The name, address, telephone number, and email address of a single contact person for communications between the County and the applicant. J. Payment of delinquent taxes. Satisfactory evidence that any delinquent real estate taxesnuisance charges, stormwater management utility fees, and any other charges that constitute a lien on any parcel that is the subject of the application, that are owed to the County and have been properly assessed against the parcel, have been paid: provided that the payment of delinquent taxesnuisance charges, stormwater management utility fees, or other charges shall not be required when the applicant for a special use permit is an easement holder. K. Other information. Other special studies or documentation, if applicable, and any other information identified as necessary y the County on the pre -application comment form. State law reference-Va. Code § 15.2-2286. Sec. 33.34 Filing the application: determining completeness of the application: paving fees: resubmitting an application originally determined to be incomplete Each application for a special use permit shall be filed as follows: A. Where to file. The application shall be filed with the Department of Community Development. 38 Draft: July 24, 2018 B. Number of conies to file. The Director of Planning may establish for each class of application the number of collated copies of the application required to be filed, to accept electronic applications for filing, or both. C. Determining completeness of the application. The Director of Planning shall review each filed application as follows. 1. Timing of the determination of completeness. The Director shall determine whether an application is complete within 10 days after the application was received. 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 is incomplete and shall be deemed to not be filed and shall not be accepted for review and action. 2. Informing an applicant if the application is incomplete. If the Director determines that an application is incomplete. the Director 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. or, if consented to by the applicant in writing, by fax or email (collectively. "sent"l. or be personally delivered. The letter shall be sent or personally delivered within 10 day_ s after the application was received. 3. Effect if timely determination is not made. If the Director does not send or personally deliver the letter as provided in subsection (C)(2) within the 10 -day period, the application shall be determined to be complete, provided that: (il the Director may require the applicant to later provide the omitted information within a period specified by the Director: and (fi the Director may reject the application because it is incomplete if the applicant fails to timely provide the omitted information. 4. If an application is incomplete: submitting information. If an application is incomplete. the applicant may submit all of the information identified in the letter provided in subsection (Cl(21 within 90 days after the letter was sent or personally delivered. The Director shall review the information submitted to determine whether the application is complete as provided in this subsection (C). An incomplete application is void if the applicant fails to submit all of the information identified in the letter provided in subsection (C)(2) within 90 days after the letter was sent or personally delivered. If the applicant fails to timely submit the information identified in the letter, the applicant may proceed only filing a new application. D. Paying fees. The applicant shall pay the fees required by Section 35.1 when the application is determined to be complete. The application shall not be further reviewed until the applicant pays the fees. E. When an application is determined to be complete: effect. When the Director of Planning determines that the applicant has submitted all of the required informationit is determined to be complete, and it is officially submitted for review for the purpose of calculating the time in which action must be taken pursuant to Sections 33.39 and 33.40. F. Notice to the owner about an application for a special use permit filed by an easement holder when the application is determined to be complete. The Department of Community Development shall provide written notice to the owner of the parcel for which a special use permit is soughtas provided by Virginia Code & 15.2-2204(H) when an application is filed by an eligible easement holder. The notice shall be provided within 10 days after the application for the special use permit is determined to be complete. 39 Draft: July 24, 2018 State law reference-Va. Code § 15.2-2286. Sec. 33.35 Studies identifying potential impacts of special use permit. When the filed application is complete, the Director of Planning may require an applicant to submit studies identifying the nature and extent of potential impacts resulting from a proposed special use permit. State law reference-Va_ Code § 15.2 -228 -6 - See, 33.36 Worksessions. The Director of Planning may schedule one or more worksessions before the Board of Supervisors. the Commission, and the Achitectural Review Board ("ARB"), if applicable, on any -application for a zoning map amendment, subject to the following: A. Purposes for a worksession. The purposes for a worksession are to Present the proposed project to the Board, the Commission, or the ARB with the Department of Community Development's analysis of the major issues, seek direction from the Board. the Commission, or the ARB on their expectations in addressing those issues. B. Factors to consider in requiring a worksession. When deciding whether to conduct a worksession. the Director shall consider: (i) the nature of the approval requested: (ii) the acreage affected: (iiil the possible impacts that could result from an approved application: and (iv) any other factors deemed relevant upon applying sound zoning principles. C. When an applicant's consent is 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 Sections 33.39 and 33.40. State law reference-Va. Code § 15.2 -22&6 - See, 33.37 Community meetings. The applicant shall schedule and conduct one or more community meetings on any pplication for a special use permit, unless the requirement for a community meeting is waived as provided in subsection (B), subject to the following: A. Purposes for a community meeting. The purposes for a community meetingare re to provide interested members of the public the opportunity to receive information about the proposed project, the applicable procedure, the policies of the Comprehensive Plan and other relevant policies, and the regulations applicable to the proposed project, and to allow the public to ask questions about the proposed project. B. Guidelines. The Director of Planning shall establish written guidelines pertaining to notification of nearby landowners, scheduling, and conducting community meetings. C. Community meeting may be waived.• factors to consider. The Director may waive the requirement for holding a community meeting. The community meeting maybe waived when the Director, exercising reasonable discretion, decides that the meeting would not achieve the purposes for the meeting upon considering: (i) -whether the application would be likely to generate any public concerns because of 40 Draft: July 24, 2018 the nature of the approval requested, the acreage 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 rding the application, making a community meeting under this section unnecessary. D. Holding in conjunction with a citizen advisory committee meeting. A community meeting maybe held during a citizen advisory committee meeting= E. When community meeting is to be held. A community meeting shall be held prior to the first public hearing on the application for a zoning map. F. Additional community meetings. The Director may require that an additional community meeting be held prior to a public hearing if a deferral has been requested and a project is resubmitted which is substantially different than the original project. See. 33.38 Public hearings: notice. Public hearings on an application for a special use permit are required as follows: A. When public hearings are required. The Commission shall hold at least one public hearing before it makes its recommendation to the Board of Supervisors. After the Board receives the recommendation from the Commission, it shall hold at least one public hearing before acting. B. Notice of public hearings. Notice of the public hearings shall be provided as follows: 1. Published and mailed notice. The Department of Community Development shall provide notice of the public hearing before the Commission and the Board as required by Virginia Code _§-1 5.2- 2204(A 15.2 - 2204(A) and (B), as otherwise required for a zoning map amendment, and Virginia Code & 15.2- 2204 C . 2. Posted notice. The Department of Community Development shall post notice of the public hearings before the Commission and the Board as follows: a. When a sign must be posted. The sign shall be posted at least 21 days before the Commission's public hearing on the application and shall remain posted until the Board has acted on the application or the application has been withdrawn. b. Where a sign is to be located. The sign shall be erected within 10 feet of each boundary line of the parcel(s) that is the subject of the special use permit abutting a street and shall be placed so that it is 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 abuttingstreet: or ii) if the area of the parcel(s) to be used if the zoning map amendment is approved 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 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 that is not subject to the zoning map amendment in locations that are most conspicuous to the 41 Draft: July 24, 2018 ublic. Before Dostinu a sim on a parcel. the Zoning Administrator shall obtain the consent of the owner to do so if the parcel is not owned by the County. c. Content ofa si n. 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 sig remains legible. The failure of an applicant to comply with these responsibilities may be cause for the Commission or the Board to defer action on an application until there is reasonable compliance with this subsection. e. Ownership ofa sign: violation for removing or tampering with sign. Each sign is the property of the Countv. It is 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 offailure to comply. If the Department of Community_ Development fails to post any sign required by this subsection 1. Prior to action by the Board. The Board may defer acting on an application if it finds that the failure to comply with this subsection materially dprived the public of reasonable notice of the public hearing 2. Action is not invalid. Neither the Commission's recommendation nor the Board's approval of a zoning map amendment is invalid solely because of the failure to post notice as required by this subsection. State law reference-Va. Code §§ 15.2-2204. 15.2-2286. Sec. 33.39 Recommendation by the Planning Commission, The Commission shall act on an application for a special use permit as follows: A. Recommendation. The Commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the Board of Supervisors, or denial of the application. B. Factors to be considered. In making its recommendation. the Commission shall consider the same factors considered by the Board under Section 33.40. C. Conditions. The Commission's recommendation should include its recommendations on any proposed conditions, applying the same criteria applied by the Board under section 33.40. D. Time for recommendation. The Commission shall make its recommendation on the application within 90 days after the application is determined to be complete. The failure of the Commission to make a recommendation on the matter within the 90 -day period shall be deemed to be a recommendation of approval. The 90 -day period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code § 15.2-22&6- 42 Draft: July 24, 2018 See, 33.40 Action by the Board of Supervisors. The Board of Supervisors shall act on an application for a special use permit as follows: A. Action. The Board may either approve the special use permit, deny the application, or defer action to either allow changes to be made to the application or any proposed conditions prior to final action by the Board, or to refer the matter back to the Commission for further consideration and recommendation within the time for an action provided in subsection (D). B. Factors to be considered. In acting on a special use permit. the Board shall consider the following factors, provided that the Board is not required to make specific findings in support of its action. 1. No substantial detriment. Whether the proposed special use will be a substantial detriment to adjacent parcels. 2. Character of the nearby area is unchanged. Whether the character of the adjacent parcels and the nearby area will be changed by the proposed special use. 3. Harmony. Whether the proposed special use will be in harmony with the pWose and intent of this chapter, with the uses permitted by right in the district, with the regulations provided in Section 5 as applicable, and with the Public health, safety, and general welfare. 4. Consistency with the Comprehensive Plan. Whether the proposed special use will be consistent with the Comprehensive Plan. C. Conditions. In approving a special use permit. the Board may impose reasonable conditions to address any possible impacts of the special use. Except as the Board may specify in a particular case. any condition imposed on a special use shall be deemed to be essential and nonseverable from the permit itself. Any condition determined to be unreasonable, invalid, void, or unlawful shall invalidate the special use permit. The conditions may pertain tobut are not limited to, the following: 1. Preventing or minimizing smoke. dust. noise. traffic congestion. flood. and other hazardous deleterious or otherwise undesirable substances or conditions. 2. Providing adequate police and fire protection. 3. Providing adequate improvements pertaining to transportation, water, sewage, drainage. recreation, landscaping, and screening or buffering_ 4. Establishing special requirements relating to building setbacks, front, side, and rear yards, off- street parking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building heights, and other particular aspects of occupancy or use. 5. The period by which the use or the construction of any structure required for the use must begin. 6. The materials and methods of construction or specific design features: provided that any condition imposed in connection with a residential special use permit: (i) shall be consistent with the objective of providing affordable housingif the applicant proposes affordable housing and (ii) shall consider the impact of the condition on the affordability of housing. 43 Draft: July 24, 2018 D. Time for action. The Board shall act on an application for a special use permit within a reasonable period not to exceed nine months after the date the Commission made its recommendation on the application. The 12 month period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code § 15.2 -22S6 - Sec. 33.41 Revoking a special use permit for noncompliance with conditions The Board of Supervisors may revoke a special use permit if it determines, after a public hearing, that the permittee or any successor has not complied with any conditions of the permit. Notice of the public hearing shall be as provided in Section 33.38. The written notice given by the Clerk of the Board to the owners, their agents, or the occupants of abutting parcels and parcels immediately across the street from the parcel(s) subject to the special use permit may be given by first-class mail rather than by registered or certified mail. State law reference-Va. Code §§ 15.2-2204. 15.2-2286. Sec. 33.42 Resubmitting a similar denied application within one year is nrohibite An owner may not submit an application for a special use permit that is substantially the same as a denied application for a special use permit for the same parcel(s) within one year after the date of the denial by the Board of Supervisors. Division 5. Special Exceptions Sec, 33.43 Introduction, This division establishes the regulations and safeguards for filing. reviewing. and acting on applications for special exceptions. A. Power to grant special exceptions is reserved by the Board ofSunervisors. The Board of Supervisors reserves the power to consider and approve or deny all applications for special exceptions. B. Matters eligible for a special exception. The Board may approve special exceptions to waive, modify. vary, or substitute any requirement of this chapter that is expressly authorized to be waived, modified varied, or substituted. C. Variations and exceptions distinguished. A special exception is not required for any matter that may be varied or excepted under Section 32 or Chapter 14, or for developing and constructing residential dwellings at the use, height, and densitv permitted by right in the applicable district as provided by Virginia Code & 15.2-2288.1. State law reference-Va. Code § 15.2 -22&6 - Sec, 33.44 Application for a special exception. Each application for a special exception shall be filed as follows: 44 Draft: July 24, 2018 A. Who may file an annlication. An owner, a contract purchaser with the owner's consent. the owner's authorized agent (collectively in this division. the "owner" or the "applicant"), or an eligible easement holder may file an application for a special exception permit. An "eligible easement holder" is a holder of an easement for which the special exception is sought that pertains to a use allowed by the deed of easement or equivalent instrument. B. Who must sign an application. The application shall be signed by the owner or the eligible easement holder of each parcel that is the subject of the special exception. C. Documentation regarding the authority to avvly. The Director of Planning may require the applicant to submit documentation establishing ownership of, or the easement interest in, any parcel that is the subject of the application and the authority of each signatory to sign the application on behalf of the owner or the eligible easement holder. D. Application forms. The Director of Planning may establish appropriate application forms for special exceptions. E. Information required to be submitted with an application. Each application shall include the information required by the applicable section of this chapter authorizing the waiver, modification. variation, or substitution. State law reference-Va. Code § 15.2-2286 Sec. 33.45 Filing the application: determining completeness of the application: paving fees: resubmitting an application originally determined to be incomplete. Each application for a special exception shall be filed as follows: A. Where to file. The application shall be filed with the Department of Community Development. B. Number of conies to file. The Director of Planning may establish for each class of application the number of collated copies of the application required to be filed, to accept electronic applications for filing, or both. C. Determining completeness of the application. The Director of Planning shall review each filed application as follows: 1. Timing of the determination ofcomvleteness. The Director shall determine whether an application is complete within 10 days after the application was received. 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 is incomplete and shall be deemed to not be filed and shall not be accepted for review and action. 2. Informing an avvlicant if the annlication is incomplete. If the Director determines that an application is incomplete. the Director shall inform the applicant by letter explaining the reasons why the he application was rejected as beingicomplete. The letter shall be sent by first class mail, or, if consented to b. the he applicant in writing, by fax or by email (collectively, "sent"), or be Dersonallv delivered. The letter shall be sent or personally delivered within 10 days after the application was received. 45 Draft: July 24, 2018 3. Effect if timely determination is not made. If the Director does not send or personally deliver the notice as provided in subsection (C)(2) within the 10 -day period. the application shall be deemed to be complete, provided that: (i) the Director may require the applicant to later provide the omitted information within a period specified by the Director: and (ii) the Director may reject the application as provided herein if the applicant fails to timely provide the omitted information. 4. If an application is incomplete: submitting information. If an application is incomplete. the applicant may submit all of the information identified in the letter provided in subsection Cl(2) within 90 days after the letter was sent or personally delivered. The Director shall review the information submitted to determine whether the application is complete as provided in this subsection (C). An incomplete application is void if the applicant fails to submit all of the information identified in the letter provided in subsection (C)(2) within 90 days after the letter was sent or personally delivered. If the applicant fails to timely submit the information identified in the letter, the applicant may proceed only by filing as plies D. Paying fees. The applicant shall pay the fees required by Section 35.1 when the application is determined to be complete. The application shall not be further reviewed until the applicant nays the fees. E. When an application is determined to be complete: effect. When the Director of Planning determines that the applicant has submitted all of the required information, it is determined to be complete, and it is officially submitted for review for the purnose of calculating the time in which action must be taken pursuant to Sections 33.48 and 33.49. F. Notice to the owner about an application for a special exception filed by an easement holder when the application is determined to be complete. The Department of Community Development shall provide written notice to the owner of theparcel for which a special exception is sough t as provided by Virginia Code & 15.2 2204(H) when an application is filed by an eligible easement holder. The notice shall be provided within 10 days after the application for the special exception is determined to be complete. Sec. 33.46 Studies identifying potential impacts of special exception, When the filed application is complete, the Director of Planning may require an applicant to submit studies identifying the nature and extent of potential impacts resulting from a proposed special exception. State law reference-Va. Code § 15.2-2286. Sec. 33.47 Public hearings: when required: notice. Public hearings on an application for a special exception are required as follows: A. When public hearings are required. The Commission and the Board of Supervisors shall each hold at least one public hearing on any pplication for a special exception that would increase by greater than 50 percent the bulk or height of an existingor proposed building within one-half mile of an adjoining locality 46 Draft: July 24, 2018 B. When the Board of Supervisors may elect to have the Commission make a recommendation on the application and to hold one or more public hearings. When public hearings are not required under subsection (A), the Board may elect, either by policy or for an individual application, to have the Commission first make a recommendation on the application for a special exception and for either the Commission or itself to hold one or more public hearings. C. Notice of public hearings. When public hearings are required under subsection (A). the Department of Community Development shall provide notice of the public hearings before the Commission and the Board pursuant to Virginia Code & 15.2-2204(C). State law reference-Va. Code &8 15.2-2204. 15.2-2286. Sec. 33.48 Recommendation by the Planning Commission when required The Commission shall act on an application for a special exception as follows: A. When a Commission recommendation is required. The Commission is required to act on an application for a special exception only if a public hearing on the application is required by Section 33.47(A) or the Board of Supervisors elects to have the Commission consider the application under Section 33.47(Bl. B. Recommendation. The Commission shall either recommend approval of the application as proposed approval of the application with changes to be made prior to action on the application by the Board. or denial of the application. C. Factors to be considered. In making its recommendation. the Commission shall consider the factors standards, criteria, and findings, however denominated, in the applicable sections of this chanter. D. Conditions. The Commission's recommendation should include its recommendations on the proposed conditions. E. Time for a recommendation. The Commission shall make its recommendation on the application within 45 days after the application is determined to be complete. The failure of the Commission to make a recommendation on the matter within the 45 -day period shall be deemed to be a recommendation of approval. The 45 -day period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code § 15.2 -22B6 - Sec, 33.49 Action by the Board of Supervisors. The Board of Supervisors shall act on an application for a special exception as follows: A. Action. The Board may either approve the application, den, the he application, or defer action to either allow changes to be made to the application or any proposed conditions prior to final action by the Board or to refer the matter to the Commission for further consideration and recommendation within the time for an action provided in subsection (D). B. Factors to be considered. In acting on a special exception, the Board shall consider the factors standards, criteria, and findings, however denominated, in the applicable sections of this chapter. provided that the Board shall not be required to make specific findingssupport of its action. 47 Draft: July 24, 2018 C. Conditions. In approving a special exception, the Board may impose reasonable conditions to address any possible impacts of the special exception. Except as the Board may specify in a particular case. any condition imposed on a special exception shall be deemed to be essential and nonseverable from the special exception itself. Any condition determined to be unreasonable, invalid, void, or unlawful shall invalidate the special exception. D. Time for action. The Board shall act on an application for a special exception within 90 days after the application is determined to be complete. The 90 -day period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code § 15.2-2286. Revoking a special exception for noncompliance with condition The Board of Supervisors may revoke a special exception if the Board determines. after a public hearin that the permittee or any successor has not complied with any conditions of the special exception. Notice of the public hearing shall be as provided in Virginia Code & 15.2-2204. The written notice given by the Clerk of the Board to the owners, their agents, or the occupants of abutting parcels and parcels immediatelv across the street from the Darcel(s) subiect to the special exception may be given bv first- class mail rather than by registered or certified mail. tate law reference-Va. Code 66 15.2-2204. 15.2-22 Sec. 33.51 Resubmitting a similar denied application within one year is prohibited An owner may not submit an application for a special exception that is substantially the same as a denied application for a special exception for the same parcel(s) within one year after the date of the denial by the Board of Supervisors. State law reference-Va. Code § 15.2 -22&6 - Division 6. Deferring Action and Withdrawing an Application Sec, 33.52 Deferring action. After submitting an aaPDlication but before action by the Board of Supervisors, an applicant for a zoning map amendment, special use permit, or special exception as follows: A. Reauest for deferral on annlications submitted on and after [effective date of the ordinancel. For an application submitted on and after Leffective date of the ordinance], the applicant may request that the County suspend review of the application and extend the time period for action by the Commission or the Board (the terms "suspend review" and "extend the tie for action" are collectively referred to as a "deferral" or a variation of that word) as follows: 1. Request for deferral. The applicant shall submit the written request to defer to the Director of Planning. The request shall state the date by which the applicant requests the Board will act on the application, which may not exceed 36 months after the date the application was determined to be complete. 2. Limitation. The application may not be in a state of deferral beyond 32 months after the date the application was determined to be complete if the Commission has not vet held a public 48 Draft: July 24, 2018 hearing on the application: and further provided that the application may not be in a state of deferral beyond 33 months after the date the application was determined to be complete if the Commission has held a public hearing and made a recommendation on the application. 3. Effect of receiving request. Upon the Director of Planning receiving a request for a deferral_ review of the application shall stop and any advertised public hearing shall be cancelled. However, an applicant may resubmit information for review according to the published schedule established by the Director in anticipation of action by the Board before the deferral period ends. B. Request for deferral on applications submitted more than 36 months before !effective date of the ordinancel. For any application submitted more than 36 months before [effective date of the ordinance], the applicant shall submit a written request to defer to the Director within 30 days after the applicant receives written notice from the Director about the requirements of this subsection. The Board shall act on the application within 12 months after [effective date of the ordinancel. C. Reauest for deferral on avvlications submitted less than 36 months before !effective date of the ordinancel. For any application submitted less than 36 months before [effective date of the ordinance], the applicant shall submit a written request to defer to the Director within 30 days after the applicant receives written notice from the Director about the requirements of this subsection. The Board shall act on the application within the 36 -month period or a reasonable period of time beyond the 36 -month period required to complete the review of the application and to hold any required public hearings State law reference-Va. Code §15.2-2286. Sec. 33.53 Requesting action after deferral. After the applicant's request for a deferral is granted by the Director of Planning, the applicant is responsible for requesting action by the Commission or the Board of Supervisors as follows: A. Request for action by the Commission. When the applicant is ready for action by the Commission, the applicant shall make a written request to the Director of Planning and submit all information necessary for action according to the published schedule established by the Director. B. Request for action by the Board of Supervisors. When the applicant is ready for action by the Board. the applicant shall make a written request to the Director of Planning and submit all information necessary for action according to the published schedule established by the Director. C. When the request for action must be received. The written request shall be received by the Director no later than 120 days before the end of the deferral period. D. Action on an application by the Board ofSuvervisors. The Board may act on the application at any time before the end of the deferral period: provided that the Board may act on theapplication as soon thereafter as: (i) the Commission has held a public hearing and made a recommendation: and (iil Countv staff has had sufficient time to analyze the application and satisfy all public notice requirements. On anyapplication pending before the Board. the Director of Planning shall coordinate schedulingtpplication for public hearing or action, or both, with the Clerk of the Board. E. Extension of action beyond the end of the deferral period in extenuating circumstances. The time for action may be extended beyond the end of the deferral period if there are extenuating circumstances 49 Draft: July 24, 2018 which include, but are not limited to, inclement weather, civil emergencies, or errors in providing public notice as required by State law. State law reference-Va_ Code § 15.2 -22S -6 - See, 33.54 Withdrawing an application. An applicant for a zoning man amendment, special use permit, or special exception may request that its application be withdrawn, or an application may be deemed withdrawn. A. Withdrawing an application. An applicant for a zoning map amendment, special use Hermit. or special exception may request that its application be withdrawn by submitting a written request to withdraw the application as follows. 1. To whom the request is to be sent. The written request must be sent to the Director of Planning. If the application is pending before the Board of Supervisors at the time the request is received. the Director shall immediately inform the Clerk of the Board of the request. 2. When the request must be received. The request must be received by the Director or the Clerk before the Commission or the Board, as applicablebegins to consider the application on a meeting agenda. 3. Effect of timely receipt of request to withdraw. When the request to withdraw is received. the application shall not be further processed or reviewed by County staff, nor acted on by the Commission or the Board. 4. Resubmitting a similar withdrawn application within one year prohibited. An owner may not submit an application that is substantially the same as a withdrawn application for the same parcel(s) within one ,year after the date of the withdrawal. B. When an application is deemed withdrawn. An application shall be deemed to be voluntarily withdrawn if the applicant requests deferral pursuant to subsection 33.52(A) and fails to provide within 90 days of the end of the deferral period all of the information required to allow the Board to act on the application, or fails to request a deferral as provided in subsection 33.52(B) State law reference-Va. Code § 15.2-22&6- 1, Claudette K. Borgersen, 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 ay Mr. Dill Mr. Gallaway Ms. Mallek Ms. McKeel Ms. Palmer Clerk, Board of County Supervisors 50 Mr. Randolph 51 Draft: July 24, 2018 ATTACHMENT C Draft: July 24, 2018 ORDINANCE NO. 18-18( ) 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, Renumbering, and Reorganizing: Old Sec. 33.1 Purpose and intent. Sec. 33.2 Uniform requirements for the initiation of zoning text amendments and zoning map amendments. Sec. 33.3 Uniform procedures for zoning text amendments and county -initiated zoning map amendments. Sec. 33.4 Uniform procedures for zoning map amendments not initiated by the county and special use permits. Sec. 33.5 Uniform procedures for special exceptions. Sec. 33.6 Zoning text amendments and zoning map amendments; relevant factors to be considered; effect of approval. Sec. 33.7 Owner -initiated zoning map amendment; authority to accept proffers. Sec. 33.8 Special use permits; relevant factors to be considered; conditions; revocation. Sec. 33.9 Special exceptions; relevant factors to be considered; conditions. New Division 1. Zoning Text Amendments Sec. 33.1 Introduction. Sec. 33.2 Initiating a zoning text amendment. Sec. 33.3 Worksessions, stakeholder meetings, community meetings, and other public engagement. Sec. 33.4 Public hearings; notice. Sec. 33.5 Recommendation by the Planning Commission. Sec. 33.6 Action by the Board of Supervisors. Division 2. Zoning Map Amendments Initiated by the County Sec. 33.7 Introduction. Sec. 33.8 Initiating a zoning map amendment. Sec. 33.9 Worksessions, stakeholder meetings, community meetings, and other public engagement. Sec. 33.10 Public hearings; notice. Sec. 33.11 Recommendation by the Planning Commission. Sec. 33.12 Action by the Board of Supervisors. Division 3. Zoning Map Amendments Initiated by an Owner Sec. 33.13 Introduction. Sec. 33.14 Pre -application meeting. Sec. 33.15 Application for a zoning map amendment. Sec. 33.16 Information submitted with application; all applications. Draft: July 24, 2018 Sec. 33.17 Information submitted with application; conventional districts. Sec. 33.18 Information submitted with application; planned development districts, including neighborhood model districts. Sec. 33.19 Information submitted with applications; neighborhood model districts. Sec. 33.20 Filing the application; determining completeness of the application; paying fees; resubmitting an application originally determined to be incomplete. Sec. 33.21 Studies identifying potential impacts of zoning map amendment. Sec. 33.22 Proffers. Sec. 33.23 Worksessions. Sec. 33.24 Community meetings. Sec. 33.25 Public hearings; notice. Sec. 33.26 Recommendation by the Planning Commission. Sec. 33.27 Action by the Board of Supervisors. Sec. 33.28 Effect of approval of zoning map amendment; effect of proffers once accepted. Sec. 33.29 Resubmitting a similar denied application within one year is prohibited. Division 4. Special Use Permits Sec. 33.30 Introduction. Sec. 33.31 Pre -application meeting. Sec. 33.32 Application for a special use permit. Sec. 33.33 Information the Director of Planning may require to be submitted with application. Sec. 33.34 Filing the application; determining completeness of the application; paying fees; resubmitting an application originally determined to be incomplete. Sec. 33.35 Studies identifying potential impacts of special use permit. Sec. 33.36 Worksessions. Sec. 33.37 Community meetings. Sec. 33.38 Public hearings; notice. Sec. 33.39 Recommendation by the Planning Commission. Sec. 33.40 Action by the Board of Supervisors. Sec. 33.41 Revoking a special use permit for noncompliance with conditions. Sec. 33.42 Resubmitting a similar denied application within one year is prohibited. Division 5. Special Exceptions Sec. 33.43 Introduction. Sec. 33.44 Application for a special exception. Sec. 33.45 Filing the application; determining completeness of the application; paying fees; resubmitting an application originally determined to be incomplete. Sec. 33.46 Studies identifying potential impacts of special exception. Sec. 33.47 Public hearings; when required; notice. Sec. 33.48 Recommendation by the Planning Commission when required. Sec. 33.49 Action by the Board of Supervisors. Sec. 33.50 Revoking a special exception for noncompliance with conditions. Sec. 33.51 Resubmitting a similar denied application within one year is prohibited. Division 6. Deferring Action and Withdrawing an Application Sec. 33.52 Deferring action. Sec. 33.52 Requesting action after deferral. Sec. 33.54 Withdrawing an application. Draft: July 24, 2018 Chapter 18. Zoning Article IV. Procedure Section 33 Zoning Text Amendments, Zoning Map Amendments, Special Use Permits, and Special Exceptions exeept fof those delegated by this ehapter-t amendments, speeial use permits> o the-baar-d of zoning appeals, a-adspeeial exeept}efis-. (§ 33. 1, �8(�2 5 12 �� etive 4 1 131§ 3� n 12 10 80; Or -d. 0 18(6) 10 3 01) (§ 33. 12 10 � � T�crrc � ��� : o�c To ��o � orcroT Toto�o � o����c Tv- �7 amend,supplement, > > or- practiee requires. The initimiea of this pr-eeess shall be > as follows7L > > or- good zoning IN �i Ell Draft: July 24, 2018 . . .. . . . . . . . . . . . . Mill III! ItIFIF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... 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Upon of the feview, wr-itten Fe"est and the laws in feeeived by the effeet at the time the eleAE of the board e& to be reasonable, taking into eonsidefation the size of oat-twe of the pFE)pE)sed tise, the eomple*ity of the f:eview, made. The timely r-eceipt the extended defefr-al pefiod and the laws by the eler4c until the in effeet of the ext boafd aets on at the time the r-e"est t shall the , osr for- e*tension is to!! the expifation of _ • !I !IM ! • • 13 Draft: July 24, 2018 b. Appheation. Each appheation for- a speeial exeeption shall be made as pfovided by, and inelude t , vaFiation of substitution. 14 1 10 14 M. MINNOW ..fM 14 Draft: July 24, 2018 proposed eonditions. 15 ''III All . . ....... . . I 1� I I I I I IH 11 11 M11 Kim . ......... ........ . ... . ........ . ................ ... . . . ........ MVM 15 Draft: July 24, 2018 16 oil 1 .M 0! -M M 111.11 we Mill Mi Mill - Ilk 16 Draft: July 24, 2018 m WE 0. 111 POWN M OWN. M*1 I9r•1L\m•[VN1aN17LVAaYKSS0]NN4kTAF11\Y0.NLr•YIrlbxl1 r•7NWarlk\(Va1INA 17INA Ia•rlOs11YYr 1012 add .tet 1,.t� T pr-oposoa speeial 3. H-ai-Hion:y. The proposed speeiai ttse will be in harmony with the p-bir-pose and intent 0 ehapter-, with the uses peFmitted by right in tke distr-iot, with the r-egttla4ions pr-ovided ift P'tr 17 0. 111 POWN M OWN. M*1 I9r•1L\m•[VN1aN17LVAaYKSS0]NN4kTAF11\Y0.NLr•YIrlbxl1 r•7NWarlk\(Va1INA 17INA Ia•rlOs11YYr 1012 add .tet 1,.t� T pr-oposoa speeial 3. H-ai-Hion:y. The proposed speeiai ttse will be in harmony with the p-bir-pose and intent 0 ehapter-, with the uses peFmitted by right in tke distr-iot, with the r-egttla4ions pr-ovided ift P'tr 17 Draft: July 24, 2018 18 \ I'', 111-jr i i/ 18 Draft: July 24, 2018 Comment: Section 33 is amended, renumbered, and reorganized to provide the procedures for each of five legislative actions (zoning text amendments, zoning map amendments initiated by the county, zoning map amendments initiated by an owner, special use permits, and special exceptions) in their own division. This will allow the reader to more easily understand the procedural and substantive requirements for each legislative action. The language style has been standardized and staff has endeavored to write the regulations in "plain English." The primary proposed substantive changes would: (1) amend the times by which recommendations and actions must be taken on ZTAs and County -initiated ZMAs (County Code §§ 18-33.5,18-33.6, 18-33.11, and 18-33.12); (2) amend the criteria considered by the Director of Planning to not require certain information with applications for ZMAs and SPs (County Code §§ 18-33.15 and 18- 33.32); (3) allow applications for ZMAs, SPs, and SEs to be electronically filed (County Code §§ 18- 33.20, 18-33.34, and 18-33.45); (4) require notice to be given to open -space and conservation easement holders when complete ZMA, SP, or SE applications affecting the property are filed (County Code §§ 18-33.20, 18-33.34, and 18-33.45); (5) establish procedures and consequences when applications for ZMAs, SPs, and SEs are incomplete (County Code §§ 18-33.20, 18-33.34, and 18- 33.45); (6) authorize the Director of Planning to require studies to identify impacts of ZMAs, SPs, and SEs (County Code §§ 18-33.21, 18-33.35, and 18-33.46); (7) incorporate the requirements of Virginia Code § 15.2-2303.4 for proffers related to residential and mixed use residential ZMAs; (8) amend the criteria for determining when a community meeting may be required for a ZMA or SP (County Code §§ 18-33.24 and 18-33.37); (9) establish when an application for an SE must be reviewed by the Planning Commission (County Code § 18-33.48); (10) authorize an SE to be revoked for noncompliance with conditions (County Code § 18-33.50); and (11) amend the procedures and requirements for deferring action, requesting action after deferral, withdrawing an application (County Code §§ 18-33.52, 18-33.53, and 18-33.54). The proposed ordinance would also: (1) delete the procedure that allowed any member of the public to apply for a ZTA (current County Code § 18-33.2); and (2) delete the State law reference to judicial review of the Board of Supervisors' decision on a ZMA or SP (current County Code § 18- 33.4(t)). Division 1. Zoning Text Amendments Sec. 33.1 Introduction. This division establishes the procedures and requirements for amending the text of this chapter by adopting an ordinance (as used in this division, a "zoning text amendment"). The Board of Supervisors may adopt a zoning text amendment whenever the public necessity, convenience, general welfare, or good zoning practices requires. The Commission shall consider these bases when making a recommendation on a zoning text amendment. State law reference-Va. Code §§ 15.2-2280, 15.2-2285, 15.2-2286. Comment: Section 33.1 consolidates the purpose and intent language of current sections 33.1 and 19 Draft: July 24, 2018 33.2 (introductory paragraph), as well as the basis for the Board to amend the zoning ordinance stated in current section 33.6(a). Sec. 33.2 Initiating a zoning text amendment. A zoning text amendment may be initiated as follows: A. By the Board of Supervisors. The Board of Supervisors may initiate a zoning text amendment by adopting a resolution. B. By the Commission. The Commission may initiate a zoning text amendment by adopting either a motion or a resolution. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Comment: Section 33.2 is current section 33.2(a). Under State law, the Commission is enabled to initiate a zoning text amendment by motion, though the longstanding Commission practice is to do so by resolution. Sec. 33.3 Worksessions, stakeholder meetings, community meetings, and other public engagement. The Director of Planning may schedule worksessions before the Board of Supervisors, the Commission, and the Architectural Review Board, if applicable. The Director is also authorized to hold stakeholder meetings, community meetings, and other forms of public engagement, as the Director determines to be appropriate or as directed by the Board of Supervisors or the Commission, to consider any proposed zoning text amendment. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Comment: Section 33.3 is current section 33.3(b), which refers to community meetings and worksessions. In this revised section, "stakeholder meetings" are added. Sec. 33.4 Public hearings; notice. Public hearings on a proposed zoning text amendment are required as follows: A. When public hearings are required. The Commission shall hold at least one public hearing before it makes its recommendation to the Board of Supervisors. After the Board receives the recommendation from the Commission, it shall hold at least one public hearing before acting. B. Notice ofpublic hearings, generally. The Department of Community Development shall provide notice of the public hearings before the Commission and the Board pursuant to Virginia Code § 15.2-2204. C. Notice of public hearings, imposing or increasing fees. The Department of Community Development shall provide notice of the public hearings before the Commission and the Board of Supervisors pursuant to Virginia Code §§ 15.2-107 and 15.2-2204 if the proposed zoning text amendment would impose or increase fees under this chapter. State law reference-Va. Code §§ 15.2-107, 15.2-2204, 15.2-2285, 15.2-2286. 20 Draft: July 24, 2018 Comment: Section 33.4 is current sections 33.3(c) and (d), revised to apply only to zoning text amendments. Subsection (C) is new but it does not impose a new requirement. Sec. 33.5 Recommendation by the Planning Commission. The Commission shall act on a proposed zoning text amendment as follows: A. Recommendation. The Commission shall either recommend approval of the zoning text amendment as proposed, approval of the zoning text amendment with recommended changes to the text, or disapproval. B. Factors to be considered. In making its recommendation, the Commission shall consider the same factors considered by the Board of Supervisors pursuant to Section 33.6. C. Time for recommendation. The Commission shall make its recommendation on the proposed zoning text amendment within 90 days after the first Commission meeting at which it is considered. The Commission's failure to make a recommendation within the 90 -day period is deemed to be a recommendation of approval, unless the Commission extends the 90 -day period. If the Commission extends the 90 -day period, the Board may at any time direct the Commission to make a recommendation before the deadline established by the Board. State law reference-Va. Code §§ 15.2-2280, 15.2-2284, 15.2-2285 Comment: Section 33.5(A) is new for zoning text amendments but does not impose a new requirement. Section 33.5(B) is current section 33.6(b). Section 33.5(C) is current section 33.3(e)(1) and is required by Virginia Code § 15.2-2285(B) (which requires a recommendation in 100 days or a shorter period prescribed by the ordinance). The language in Section 33.5(C) is greatly simplified because, for a zoning text amendment, there is no "applicant" to which the current 90 -day trigger normally applies; the 90 -day period is also an outside period; the expectation is that the Commission will not need the full 90 -day period between, for example, a first worksession on a zoning text amendment and the date on which it makes its recommendation. The last clause of Section 33.5(C) ("unless the Commission extends the 90 -day period") is new to expressly authorize the County to extend the time for a Commission recommendation its own application. Sec. 33.6 Action by the Board of Supervisors. The Board of Supervisors shall act on a proposed zoning text amendment as follows: A. Action. The Board may either adopt the zoning text amendment, defer action to allow further amendments to the text to be made, not adopt the zoning text amendment, or refer the matter back to the Commission for further consideration and recommendation within the time for an action provided in subsection (C). B. Factors to be considered. In acting on a zoning text amendment, the Board shall reasonably consider the following factors: (i) the existing use and character of property; (ii) the Comprehensive Plan; (iii) the suitability of property for various uses; (iv) the trends of growth or change; (v) the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies; (vi) the community's transportation requirements; (vii) the requirements for airports, housing, schools, parks, playgrounds, recreation areas, and other public services; (viii) the conservation of natural resources; (ix) preserving flood plains; (x) protecting life and property from impounding structure failures; (xi) preserving agricultural and forestal land; (xii) 21 Draft: July 24, 2018 conserving properties and their values; and (xiii) encouraging the most appropriate use of land throughout the County. The Board's failure to expressly consider all of these factors does not invalidate its action. C. Time for action. The Board shall act on a zoning text amendment within a reasonable period as may be necessary not to exceed 12 months after the first meeting at which it was considered by the Commission, unless the Board extends the 12 month period. State law reference-Va. Code §§ 15.2-2280, 15.2-2284, 15.2-2285, 15.2-2286. Comment: Section 33.6(A) is new for zoning text amendments but does not impose a new requirement. Section 33.6(B) is current section 33.6(B). Section 33.6(C) is current sections 33.3(e)(2) and (3) and is required by Virginia Code § 15.2-2286(7) (which requires action within 12 months). The calculation of the 12 month period has been simplified and changed to be consistent with the changes to Section 33.5. The last clause of Section 33.6(C) ("unless the board extends the twelve (12) month period") is new to expressly authorize the County to extend the time for board action on its own application. Comment: There are two subsections in the current regulations that are not addressed in this division or in this ordinance at all: (1) current section 33.3(a), which pertains to the completeness of an application for, among other types of applications, a zoning text amendment; under the current and prior regulations, the County has allowed anyone to apply for a zoning text amendment and once that application is filed, it goes to either the Commission or the Board to consider whether to adopt a resolution of intent; this procedure is neither provided for or required under Virginia law; without this procedure, any person may nonetheless persuade a Commissioner or a Board member to ask staff to analyze an amendment to the text and have the matter come to the Commission or the Board to consider adopting a resolution; and (2) current section 33.3(f), which states that any action contesting a decision of the Board shall be as provided in Virginia Code § 15.2-2285(C). This provision is unnecessary. Division 2. Zoning Map Amendments Initiated by the County Sec. 33.7 Introduction. This division establishes the procedures and requirements for amending the zoning map when the proposed amendment is initiated by the County (as used in this division, a "zoning map amendment") The Board of Supervisors may adopt a zoning map amendment whenever the public necessity, convenience, general welfare, or good zoning practice requires. State law reference-Va. Code §§ 15.2-2280, 15.2-2284, 15.2-2285 15.2-2286. Comment: Section 33.7 consolidates the purpose and intent language of current sections 33.1 and 33.2 (introductory paragraph), as well as the basis for the Board to amend the zoning ordinance stated in current section 33.6(a). Sec. 33.8 Initiating a zoning map amendment. A zoning map amendment may be initiated by the County as follows: A. By the Board of Supervisors. The Board of Supervisors may initiate a zoning map amendment by adopting a resolution. 22 Draft: July 24, 2018 B. By the Planning Commission. The Planning Commission may initiate a zoning map amendment by adopting either a motion or a resolution. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Comment: Section 33.8 is current section 33.2(a). Under State law, the Commission is enabled to initiate a zoning map amendment by motion, though the longstanding Commission practice is to do so by resolution. Sec. 33.9 Worksessions, stakeholder meetings, community meetings, and other public engagement. The Director of Planning may schedule worksessions before the Board of Supervisors, the Commission, and the Architectural Review Board, if applicable. The Director is also authorized to hold stakeholder meetings, community meetings, and other forms of public engagement, as the Director determines to be appropriate or as directed by the Board of Supervisors or the Commission, to consider any proposed zoning map amendment initiated by the County. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Comment: Section 33.9 is current section 33.3(b). Sec. 33.10 Public hearings; notice. Public hearings on a proposed zoning map amendment are required as follows: A. When public hearings are required. The Commission shall hold at least one public hearing before it makes its recommendation to the Board of Supervisors. After the Board receives the recommendation from the Commission, it shall hold at least one public hearing before acting. B. Notice of public hearings. Notice of the public hearings shall be provided as follows: 1. Published and mailed notice. The Department of Community Development shall provide notice of the public hearings before the Commission and the Board as required by Virginia Code §§ 15.2-2204 and 15.2-2285(C). 2. Posted notice. The Department of Community Development shall post notice of the public hearings by posting one or more signs as follows: a. When a sign must be posted. The sign shall be posted at least 21 days before the Commission's public hearing and shall remain posted until the Board has acted on the zoning map amendment. b. Where a sign is to be located. The sign shall be erected within 10 feet of each boundary line of the parcel(s) that is the subject of the zoning map amendment abutting a street and shall be placed so that it is 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 zoning map amendment is approved 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 impacted by, the proposed use. A sign need not be posted along Interstate 64 or along any abutting street if the sign 23 Draft: July 24, 2018 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 that is not subject to the zoning map amendment in locations that are most conspicuous to the public. Before posting a sign on a parcel, the Zoning Administrator shall obtain the consent of the owner to do so if the parcel is not owned by the County. c. Content of a 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 County shall endeavor to 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. e. Ownership of a sign; violation for removing or tampering with a sign. Each sign is the property of the County. It is unlawful for any person to remove or tamper with any sign, except the County or its employees or authorized agents performing maintenance required by this subsection. £ Effect offailure to comply. If the Department of Community Development fails to post any sign required by this subsection (13)(2): 1. Prior to action by the Board. The Board may defer acting on a zoning text amendment if it finds that the failure to comply with this subsection materially deprived the public of reasonable notice of the public hearing. 2. Action is not invalid. Neither the Commission's recommendation nor the Board's approval of a zoning map amendment is invalid solely because of the failure to post notice as required by this subsection. State law reference-Va. Code §§ 15.2-2204, 15.2-2285, 15.2-2286. Comment: Section 33.10 is current sections 33.3(c) and (d), and 33.4(m)(2), revised to apply only to zoning map amendments initiated by the County. Sec. 33.11 Recommendation by the Planning Commission. The Commission shall act on a proposed zoning map amendment as follows: A. Recommendation. The Commission shall either recommend approval of the zoning map amendment as proposed, approval of the zoning map amendment with recommended changes, or denial of the application. B. Factors to be considered. In making its recommendation, the Commission shall consider the same factors considered by the Board of Supervisors pursuant to section 33.12. C. Time for recommendation. The Commission shall make its recommendation on the proposed zoning map amendment within 90 days after the first Commission meeting at which it is considered. The failure of the Commission to make a recommendation on the matter within the 90 -day period shall be deemed to be a recommendation of approval, unless the Commission extends the 90 -day period. State law reference-Va. Code §§ 15.2-2280, 15.2-2284, 15.2-2285, 15.2-2286. 24 Draft: July 24, 2018 Comment: Section 33.11(A) is new for zoning map amendments initiated by the County but does not impose a new requirement. Section 33.11(B) is current section 33.6(b). Section 33.11(C) is current section 33.3(e)(1) and is required by Virginia Code § 15.2-2285(B) (which requires a recommendation in 100 days or a shorter period prescribed by the ordinance). The language is greatly simplified because, for a zoning map amendment initiated by the County, there is no "applicant" to which the current 90 -day trigger normally applies; the 90 -day period is also an outside period; the expectation is that the Commission will not need the full 90 -day period between, for example, a first worksession on a zoning map amendment and the date on which it makes its recommendation. The last clause of Section 33.11(C) ("unless the Commission extends the 90 -day period") is new to expressly authorize the County to extend the time for a Commission recommendation for its own application. Sec. 33.12 Action by the Board of Supervisors. The Board of Supervisors shall act on a proposed zoning map amendment as follows: A. Action. The Board may either adopt the zoning map amendment, deny the application for a zoning map amendment, or refer the matter back to the Commission for further consideration and recommendation within the time for an action provided in subsection (C). The Board may not adopt a zoning map amendment allowing a more intensive use, or including more land, than was contained in the public notice without an additional public hearing after notice is provided pursuant to Virginia Code §§ 15.2-2204 and 15.2-2285(C). B. Factors to be considered. In acting on a zoning map amendment, the Board shall reasonably consider the following factors: (i) the existing use and character of property; (ii) the Comprehensive Plan; (iii) the suitability of property for various uses; (iv) the trends of growth or change; (v) the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies; (vi) the community's transportation requirements; (vii) the requirements for airports, housing, schools, parks, playgrounds, recreation areas, and other public services; (viii) the conservation of natural resources; (ix) preserving flood plains; (x) protecting life and property from impounding structure failures; (xi) preserving agricultural and forestal land; (xii) conserving properties and their values; and (xiii) encouraging the most appropriate use of land throughout the County. The Board's failure to expressly consider all of these factors does not invalidate its action. C. Time for action. The Board shall act on a zoning text amendment within a reasonable period as may be necessary, not to exceed 12 months after the first meeting at which it was considered by the Commission, unless the Board extends the 12 month period. State law reference-Va. Code §§ 15.2-2280, 15.2-2284, 15.2-2285, 15.2-2286. Comment: Section 33.12(A) is new for zoning text amendments but does not impose a new requirement. The last sentence of Section 33.12(A) does not impose a new requirement; it is an element of Virginia law that is partially covered in current section 33.4(q), a section that applies only to zoning map amendments initiated by an owner. Section 33.12(B) is current section 33.6(b). Section 33.12(C) is current sections 33.3(e)(2) and (3) and is required by Virginia Code § 15.2- 2286(7) (which requires action within 12 months). The calculation of the 12 month period has been simplified and changed to be consistent with the changes to Section 33.11. The last clause of Section 33.12(C) ("unless the Board extends the 12 month period") is new to expressly authorize the County to extend the time for Board action on its own application. 25 Draft: July 24, 2018 Comment: There are two subsections in the current regulations that are not addressed in this division or in this ordinance at all: (1) current section 33.3(a), which pertains to the completeness of an application for, among other types of applications, a zoning map amendment initiated by the County; this procedure is unnecessary for this type of application; and (2) current section 33.3(f), which states that any action contesting a decision of the Board shall be as provided in Virginia Code § 15.2-2285(C). This statute is self-executing and does not need to be in the Zoning Ordinance. Division 3. Zoning Map Amendments Initiated by an Owner Sec. 33.13 Introduction. This division establishes the procedures and requirements for amending the zoning map when the amendment is initiated by an owner or other persons authorized by Section 33.15 (as used in this division, a "zoning map amendment"). The Board of Supervisors may adopt a zoning map amendment whenever the public necessity, convenience, general welfare, or good zoning practice requires. State law reference-Va. Code §§ 15.2-2280, 15.2-2284, 15.2-2285 15.2-2286. Comment: Section 33.13 consolidates the purpose and intent language of current sections 33.1 and 33.2 (introductory paragraph), as well as the basis for the Board to amend the zoning ordinance stated in current section 33.6(a). Sec. 33.14 Pre -application meeting. Any prospective applicant for a zoning map amendment shall request and hold a meeting with the Department of Community Development before filing an application to the County. This meeting is referred to as the "pre -application meeting." A. Submitting information. The applicant shall complete and submit information on County -provided forms before or during the pre -application meeting. B. Purposes for a pre -application 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 of Planning to identify the information the applicant must submit with the application pursuant to Sections 33.16 through 33.19. C. When a pre -application meeting is not required. The Director may exercise discretion and decide that a pre -application meeting is not required upon considering the following: (i) whether the proposed use, the proposed density, the proposed scale, potential impacts, and other relevant considerations applying sound zoning principles do not warrant a pre -application meeting; (ii) whether the information that may be required pursuant to Sections 33.16 through 33.19 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. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. 26 Draft: July 24, 2018 Comment: Section 33.14 is current section 33.4(a). Sec. 33.15 Application for a zoning map amendment. Each application for a zoning map amendment is subject to the following: A. Who may file an application. An owner, a contract purchaser with the owner's consent, or the owner's authorized agent may file an application for a zoning map amendment (collectively in this division, the "owner" or the "applicant). In addition: Amendments to existing proffers. Proffers that have been accepted by the Board of Supervisors in conjunction with a zoning map amendment may be amended by a later zoning map amendment. An owner whose parcel is subject to proffers may apply to amend the proffers applicable solely to that owner's parcel. An application to amend proffers is subject to the procedures and requirements of this division, provided that the requirements described below may be waived 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 before submitting its application for a zoning map amendment: a. Waiving the requirement for public hearings. The Board may waive the requirement for a public hearing by the Commission or by the Board, or both, and the associated notice requirements, as otherwise required by this division; and, if the Board waives the requirement for a public hearing by the Commission, it also may waive the requirement for a recommendation from the Commission. b. Waiving procedural requirements. The Board may waive one or more of the procedural requirements in Sections 33.14, 33.22, and 33.23. c. Waiving application requirements. The Board may waive any supplemental information which may otherwise be required to be submitted with an application under Sections 33.16 through 33.19, and determine the number of copies of the application that must be filed. 2. Amendments to existing planned developments. An owner within an existing planned development may apply for a zoning map amendment applicable solely to that owner's parcel if it would not result in or require: (i) a change in use, density, or intensity on any other parcel in the planned development; (ii) a change to any regulation in a code of development that would apply to any other parcel in the planned development; (iii) a change to any other owner's express obligation under a regulation in a code of development; or (iv) a change to the application plan that would apply to any other parcel in the planned development. B. Who must sign an application. The application shall be signed by the owner of each parcel that is the subject of the proposed zoning map amendment. In addition: 1. Amendments to existingproffers. The signatures of the owners of any other parcels subject to the same proffers are not required when an owner applies to amend the proffers applicable solely to its parcel. 2. Amendments to existing planned developments. The signatures of any other owners within an existing planned development are not required if the owner -applicant is eligible to apply for a zoning map amendment applicable solely its parcel as provided in subsection (A)(2). 27 Draft: July 24, 2018 C. Documentation regarding the authority to apply. The Director of Planning may require the applicant to submit documentation establishing ownership of any parcel that is the subject of the application and the authority of each signatory to sign the application on behalf of the owner. D. Application forms. The Director of Planning may establish appropriate application forms for zoning map amendments. The application forms may identify the information required to be provided pursuant to Sections 33.16 through 33.19. E. Information submitted with an application. Each application shall include the information identified in Sections 33.16 through 33.19, as applicable, provided that the Director of Planning may, upon written request received from the owner, determine that the owner is not required to provide certain information, depending on: (i) the nature or extent of the proposed zoning map amendment; (ii) the proposed use; (iii) the proposed density; (iv) the proposed district; (v) whether the application is to establish or amend a planned development district, including a neighborhood model district; and (vi) other considerations the Director determines to be relevant applying sound zoning principles. State law reference-Va. Code §§ 15.2-2285, 15.2-2286, 15.2-2302. Comment: Section 33.15(A) is current sections 33.2(b)(iii), 33.4(b)(1). Section 33.15(A)(1) is current section 33.7(f). Section 33.15(A)(2) is current section 33.2(b)(1)(b). Section 33.15(B) is based on current sections 33.2(b)(1)(a) and (b). Section 33.15(C) is current section 33.2(b)(1). Section 33.15(D) is current section 33.4(b)(2). Section 33.15(E) is current section 33.4(b)(3) and (4); Section 33.15(E) also revises the criteria for the Director of Planning in deciding whether the owner is allowed to not provide certain information. Section 33.15(F) is current section 33.4(f)(first sentence). Sec. 33.16 Information submitted with application; all applications. Each application for a zoning map amendment shall include the following information: A. Project proposal. A narrative of the project proposal, including its public need or benefit. B. 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. C. Impacts on public facilities and infrastructure. A narrative of the proposed project's impacts on public facilities and public infrastructure. D. Impacts on environmental features. A narrative of the proposed project's impacts on environmental features. E. Maps. One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions. F. 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. G. 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 and all other related documents. 28 Draft: July 24, 2018 H. Contact person. The name, address, telephone number, and email address of a single contact person for communications between the county and the applicant. I. Payment of delinquent taxes and other charges. Satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the parcel that is the subject of the application, that are owed to the County, and have been properly assessed against the parcel, have been paid. J. 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. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Comment: Section 33.16 is current section 33.4(e)(1), (2), (3), (4), (5), (6)(part), (13), (14), (15), and (16), and section 33.4(d) (payment of delinquent taxes and other charges). Sec. 33.17 Information submitted with application; conventional districts. In addition to the information that may be required by Section 33.16, each application for a zoning map amendment to establish or amend a conventional district shall include a conceptual plan showing, as applicable: A. Street network. The street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project. B. Cross-sections. Typical street cross-sections to show proportions, scale and streetscape/cross- sections/circulation. C. Pedestrian and bicycle facilities. The general location of pedestrian and bicycle facilities. D. Buildings and parking. Building envelopes and parking envelopes. E. Public areas. Public spaces and amenities. F. Conservation and preservation areas. Areas to be designated as conservation areas and preservation areas. G. Stormwater management. Conceptual stormwater detention facility locations. H. Grading. Conceptual grading. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Comment: Section 33.17 is current section 33.4(e)(7). Sec. 33.18 Information submitted with application; planned development districts, including neighborhood model districts. In addition to the information that may be required by Section 33.16, each application for a zoning map amendment to establish or amend a planned development district, including a neighborhood model district, shall include the following information: 29 Draft: July 24, 2018 A. Map. If the application 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 development district. The map shall also identify any area to be added to or deleted from the district, or identify the area to which the amended application plan, code of development, proffers, or any special use permit or special exception would apply. B. Application plan. If the application is to establish a planned development district, including a neighborhood model district, or to amend an approved application plan for an existing district, the applicant shall submit an application plan showing, as applicable: 1. Street network. The street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project. 2. Cross-sections. Typical street cross-sections to show proportions, scale, and streetscape/cross-sections/circulation. 3. Pedestrian and bicycle facilities. The general location of pedestrian and bicycle facilities. 4. Buildings and parking. Building envelopes and parking envelopes. 5. Public areas. Public spaces and amenities. 6. Conservation and preservation areas. Areas to be designated as conservation areas and preservation areas. 7. Stormwater management. Conceptual stormwater detention facility locations. 8. Grading. Conceptual grading. 9. Use table. 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. 10. Topography. Topography, using the County's geographic information system or more accurate 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. 11. Water and sewer systems. The general layout for water and sewer systems. 12. Central features and major elements. 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. 13. Development standards. Development standards, including proposed yards, open space characteristics, and any landscape or architectural characteristics related to scale, proportions, and massing at the edge of the district. 14. Lot layout. A conceptual lot layout. 30 Draft: July 24, 2018 15. Green spaces and amenities. If the application is to establish a neighborhood model district, the location of proposed green spaces and amenities as provided in Section 20A.9. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Comment: Section 33.18(A) is current section 33.4(e)(6)(part). Section 33.18(B) is current section 33.4(e)(8). Sec. 33.19 Information submitted with application; neighborhood model districts. In addition to the information that may be required by Sections 33.16 and 33.18, if the application is to establish a neighborhood model district, the applicant shall provide the following information: A. Statement. 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. B. Neighborhood model principles. A narrative explaining the project's consistency with the neighborhood model as described in the Comprehensive Plan. C. Code of development. A code of development satisfying the requirements of Section 20A.5. D. Parking and loading needs study. A parking and loading needs study that demonstrates parking needs and requirements. The study shall include strategies to address the parking 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. The Director of Planning may authorize the applicant to submit the parking and loading needs study in conjunction with the initial site plan for the development if the applicant shows to the Director's satisfaction that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. E. Stormwater management. Strategies to establish shared stormwater management facilities, off-site stormwater management facilities, and the proposed phasing to establish stormwater management facilities. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Comment: Section 33.19 is current section 33.4(e)(1)(part), (2)(part), (9), (10) and (11). Sec. 33.20 Filing the application; determining completeness of the application; paying fees; resubmitting an application originally determined to be incomplete. Each application for a zoning map amendment shall be filed as follows: A. Where to file. The application shall be filed in the Department of Community Development. B. Number of copies to file. The Director of Planning may establish for each class of application the number of collated copies of the application required to be filed, to accept electronic applications for filing, or both. 31 Draft: July 24, 2018 C. Determining completeness of the application. The Director of Planning shall review each filed application as follows: 1. Timing of the determination of completeness. The Director shall determine whether an application is complete within 10 days after the application was received. 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 is incomplete and shall be deemed to not be filed and shall not be accepted for review and action. 2. Informing an applicant if the application is incomplete. If the Director determines that an application is incomplete, he shall inform the applicant by letter identifying what information must be submitted in order for the application to be complete. The letter shall be sent by first class mail or, if consented to by the applicant in writing, by fax or email (collectively, "sent"), or be personally delivered. The letter shall be sent or personally delivered within 10 days after the application was received. Effect if a timely determination is not made. If the Director does not send or personally deliver the letter as provided in subsection (C)(2) within the 10 -day period, the application shall be deemed to be complete, provided that: (i) the Director may require the applicant to later provide the omitted information within a period specified by the Director; and (ii) the Director may reject the application because it is incomplete if the applicant fails to timely provide the omitted information. 4. If an application is incomplete; submitting information. If an application is incomplete, the applicant may submit all of the information identified in the letter provided in subsection (C)(2) within 90 days after the letter was sent or personally delivered. The Director shall review the information submitted to determine whether the application is complete as provided in this subsection (C). An incomplete application is void if the applicant fails to submit all of the information identified in the letter provided in subsection (C)(2) within 90 days after the letter was sent or personally delivered. If the applicant fails to timely submit the information identified in the letter, the applicant may proceed only by filing a new application. D. Mailed notice that a complete application has been filed. For zoning map amendments pertaining to a parcel subject to an open -space easement or a conservation easement, the Director of Planning shall provide written notice within 10 days after the application is determined to be complete to each holder of the open -space easement, other than the County, or the conservation easement. The notice shall inform the recipient that the application has been filed. An action on an application shall not be declared invalid solely because of the failure to timely mail this notice. E. Paying fees. The applicant shall pay the fees required by Section 35.1 when the application is determined to be complete. The application shall not be reviewed, and any time by which action must be taken by the Commission or the Board of Supervisors shall not begin, until the applicant pays the fees. F. When an application is determined to be complete; effect. When the Director of Planning determines that the applicant has submitted all of the required information, it is determined to be complete, it is officially submitted for review and it is deemed to be referred to the Commission for the purpose of calculating the time in which action must be taken pursuant to Sections 33.26 and 33.27. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. 32 Draft: July 24, 2018 Comment: Section 33.20(A) is current section 33.4(e)(part). Section 33.20(B) is current section 33.4(e)(part) and revised to expressly enable the Department of Community Development to accept electronic filings. Sections 33.20(C)(1), (2) and (3) are current section 33.4(f)(part). Section 33.20(C)(4) is new, at the request of the Department of Community Development, and replaces current section 33.4(h). Section 33.20(D) is new, at the request of the Board of Supervisors. Section 33.20(E) is current section 33.4(8). Section 33.20(F) is new, intended to address and clarify a State law requirement. Sec. 33.21 Studies identifying potential impacts of zoning map amendment. When the filed application is complete, the Director of Planning may require an applicant to submit studies identifying the nature and extent of potential impacts resulting from a proposed zoning map amendment. In addition: A. Studies pertaining to particular impacts. The following requirements apply to particular impacts: 1. Impacts on traffic, generally. The Director may require a traffic study for any application for a zoning map amendment. The scope of the appropriate traffic study shall be determined by the County's transportation engineer in consultation with the Virginia Department of Transportation. 2. Impacts on public transportation facilities, public safety facilities, public school facilities, and public parks; zoning map amendments for new residential development or new residential uses. For zoning map amendments that propose new residential development or new residential uses as defined in and subject to Virginia Code § 15.2-2303.4, studies that identify the impacts of the project on public transportation facilities, public safety facilities, public school facilities, and public parks. The studies shall identify impacts that are specifically attributable to the project and, for impacts to public facilities that are located outside of the project, shall also identify: (i) the extent to which the project creates a need, or an identifiable portion of a need, for one or more public facility improvements in excess of existing public facility capacity at the time of the zoning map amendment; and (ii) the extent to which the applicant or its successors would receive direct and material benefits from any proffer related to any public facility improvements. B. Form and content of studies; authority of the Director of Planning. The Director may establish the form and determine the required content of any study. C. Time to submit studies. The Director may establish deadlines by which any studies must be submitted by the applicant in order to provide County staff adequate time to review the study before scheduling the Commission's public hearing on the application. State law reference-Va. Code §§ 15.2-2285, 15.2-2286, 15.2-2303, 15.2-2303.4. Comment: Section 33.21 is new, necessitated in part by the recent change in the law pertaining to proffers for residential rezonings (Virginia Code § 15.2-2303.4). Sec. 33.22 Proffers. The Board of Supervisors may accept proffers pursuant to Virginia Code §§ 15.2-2303 and 15.2-2303.4 in conjunction with zoning map amendments as follows: 33 Draft: July 24, 2018 A. Purpose. Proffers are reasonable conditions proposed by the applicant governing the use of parcels being rezoned. The conditions are in addition to the regulations in this chapter that apply to the district. B. Form. Proffers shall be in writing and be in a form that is approved by the County Attorney. The Director of Planning may provide applicants with a proffer statement form. C. Proffers addressing impacts on public transportation facilities, public safety facilities, public school facilities, and public parks; zoning map amendments for new residential development or new residential uses. For zoning map amendments that propose new residential development or new residential uses as defined in and subject to Virginia Code § 15.2-2303.4, any proposed proffers addressing the impacts resulting from the new residential development or new residential uses shall comply with the requirements of Virginia Code § 15.2-2303.4(C). D. Time to submit. The applicant shall submit proffers by the following deadlines: 1. Before the Commission's public hearing. Proposed proffers, regardless of whether they are signed by the owners of all parcels subject to the zoning map amendment, shall be submitted to the Department of Community Development at least 14 days before the Commission's public hearing on the zoning map amendment. 2. Before the Board of Supervisors' public hearing. Proposed proffers, signed by the owners of all parcels subject to the zoning map amendment, shall be submitted to the Department of Community Development before the Board's public hearing on the zoning map amendment. The Director of Planning may establish written guidelines that require signed proffers to be submitted a reasonable period of time prior to the public hearing to allow County officers and employees and members of the public a reasonable period of time to review the proffers. State law reference-Va. Code §§ 15.2-2303, 15.2-2303.4. Comment: Section 33.22(A) is current section 33.7(a), with revisions. Section 33.22(B) is current section 33.7(b). Section 33.22(C) is new to implement in part the recent change in the law pertaining to proffers for residential rezonings (Virginia Code § 15.2-2303.4). Section 33.22(D)(1) is new, to ensure that County staff has sufficient time to include an analysis of the proposed proffers in the staff report. Section 33.22(D)(2) is current section 33.7(c). Sec. 33.23 Worksessions. The Director of Planning may schedule one or more worksessions before the Board of Supervisors, the Commission, and the Achitectural Review Board ("ARB"), if applicable, on any application for a zoning map amendment, subject to the following: A. Purposes for a worksession. The purposes for a worksession are to present the proposed project to the Board, the Commission, or the ARB with the Department of Community Development's analysis of the major issues, seek direction from the Board, the Commission, or the ARB on their expectations in addressing those issues. B. Factors to consider in requiring a worksession. When deciding whether to conduct a worksession, the Director shall consider: (i) the nature of the approval requested; (ii) the acreage affected; (iii) the possible impacts that could result from an approved application; and (iv) any other factors deemed relevant upon applying sound zoning principles. 34 Draft: July 24, 2018 C. When an applicant's consent is required. The applicant's consent to a worksession is required if the worksession would extend the time for action by the Commission or the Board beyond the deadlines in Sections 33.25 and 33.26. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Comment: Section 33.23 is current section 33.4(1). Sec. 33.24 Community meetings. The applicant shall schedule and conduct one or more community meetings on any application for a zoning map amendment, unless the requirement for a community meeting is waived as provided in subsection (B), subject to the following: A. Purposes for a community meeting. The purposes for a community meetingaprovide 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 the regulations applicable to the proposed project, and to allow the public to ask questions about the proposed project. B. Guidelines. The Director of Planning shall establish written guidelines pertaining to notification of nearby landowners. scheduling; and conducting community meetings C. Community meeting may be waived: factors to consider. The Director may waive the requirement for holding a community meeting. The community meeting maybe waived when the Director. exercising reasonable discretion, decides that the meeting would not achieve the p=oses for the meeting upon considering: (i) whether the application would be likely to generate any public concerns because of the nature of the approval requested, the acreage affected, the proposed density,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, making a community meeting under this section unnecessary. D. Holding in conjunction with a citizen advisory committee meeting. A community_ meeting may_ be held during a citizen advisory committee meeting. E. When community meeting is to be held. A community meeting shall be held prior to the first public hearing on the application for a zoning map amendment. F. Additional community meetings. The Director may require that an additional community meeting be held prior to a public hearing if a deferral has been requested and a project is resubmitted which is substantially different than the original project. State law reference-Va. Code §§ 15.2-2285. 15.2-2286, Comment: Sections 33.24(A) through (D) is current section 33.40). Section 33.24(E) is new to expressly codify the current practice. Section 33.24(F) is new. Sec. 33.25 Public hearings; notice. Public hearings on an application for a zoning map amendment are required as follows: 35 Draft: July 24, 2018 A. When public hearings are required. The Commission shall hold at least one public hearing before it makes its recommendation to the Board of Supervisors. After the Board receives the recommendation from the Commission, it shall hold at least one public hearing before acting. B. Notice ofpublic hearings. Notice of the public hearings shall be provided as follows: 1. Published and mailed notice. The Department of Community Development shall provide notice of the public hearings before the Commission and the Board as required by Virginia Code §§ 15.2-2204 and 15.2-2285(C). 2. Posted notice. The Department of Community Development shall post notice of the public hearings by posting one or more signs as follows: a. When a sign must be posted. The sign shall be posted at least 21 days before the Commission's public hearing and shall remain posted until the Board has acted on the application or the application has been withdrawn. b. Where a sign to be located. The sign shall be erected within 10 feet of each boundary line of the parcel(s) that is the subject of the zoning map amendment abutting a street and shall be placed so that it is 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 zoning map amendment is approved 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 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 that is not subject to the zoning map amendment in locations that are most conspicuous to the public. Before posting a sign on a parcel, the Zoning Administrator shall obtain the consent of the owner to do so if the parcel is not owned by the County. c. Content of a 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 to defer action on an application until there is reasonable compliance with this subsection. e. Ownership of a sign; violation for removing or tampering with sign. Each sign is the property of the County. It is unlawful for any person to remove or tamper with any sign, except the applicant performing maintenance required by this subsection or the Zoning Administrator except the County or its employees or authorized agents performing maintenance required by this subsection. f. Effect of failure to comply. If the Department of Community Development fails to post any sign required by this subsection (13)(2): 36 Draft: July 24, 2018 1. Prior to action by the Board. The Board may defer acting 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 is not invalid. Neither the Commission's recommendation nor the Board's approval of a zoning map amendment is invalid solely because of the failure to post notice as required by this subsection. State law reference-Va. Code §§ 15.2-2204, 15.2-2285, 15.2-2286. Comment: Section 33.25 is current section 33.4(m). Sec. 33.26 Recommendation by the Planning Commission. The Commission shall act on an application for a zoning map amendment as follows: A. Recommendation. The Commission shall either recommend approval of the zoning map amendment as proposed, approval of the zoning map amendment with recommended changes, or disapproval. The Commission's recommendation also should include its recommendations on any proposed proffers and, for any application to establish or amend a planned development district, including a neighborhood model district, its recommendations on the application plan, the code of development, and any special exception requested. B. Factors to be considered. In making its recommendation, the Commission shall consider the same factors considered by the Board of Supervisors pursuant to Section 33.27. C. Time for recommendation. The Commission shall make its recommendation on the proposed zoning map amendment within 90 days after the application is determined to be complete. The failure of the Commission to make a recommendation on the matter within the 90 -day period shall be deemed to be a recommendation of approval. The 90 -day period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code §§ 15.2-2284, 15.2-2285, 15.2-2286. Comment: Section 33.26(A) is current section 33.4(o). Section 33.26(B) is current section 33.6(b). Section 33.26(C) is current section 33.4(n)(1), but the language is simplified. Current section 33.4(n)(3), which pertained to "tolling" the time in which action is required, is addressed in Section 33.52. Sec. 33.27 Action by the Board of Supervisors. The Board of Supervisors shall act on an application for a zoning map amendment as follows: A. Action. The Board may either adopt the zoning map amendment, deny the application for a zoning map amendment, defer acting for a period of up to 36 months from the date the application was determined to be complete to allow changes to be made to the application by the applicant prior to action by the Board, or refer the matter back to the Commission for further consideration and recommendation within the time for an action provided in subsection (C). 1. Authority to accept proffers. In approving an application for a zoning map amendment, the Board may accept the proposed proffers. 37 Draft: July 24, 2018 2. Intensification of use classification or expanding the land being rezoned is prohibited without additional notice and hearing. The Board may not adopt a zoning map amendment allowing a more intensive use, or including more land, than was contained in the public notice without an additional public hearing after notice is provided pursuant to Virginia Code §§ 15.2-2204 and 15.2-2285(C). B. Factors to be considered. In acting on a zoning map amendment, the Board shall reasonably consider the following factors: (i) the existing use and character of property; (ii) the Comprehensive Plan; (iii) the suitability of property for various uses; (iv) the trends of growth or change; (v) the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies; (vi) the community's transportation requirements; (vii) the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; (viii) the conservation of natural resources; (ix) preserving flood plains; (x) protecting life and property from impounding structure failures; (xi) preserving agricultural and forestal land; (xii) conserving properties and their values; and (xiii) encouraging the most appropriate use of land throughout the County. The Board's failure to expressly consider all of these factors does not invalidate its action. In addition: Additional factors to be considered when acting on an application to establish planned development district, including a neighborhood model district. In addition to the other factors relevant to the consideration of a zoning map amendment, the Board shall consider the following when it reviews an application to establish a planned development district, including a neighborhood model district: (i) whether the proposed planned development satisfies the purpose and intent of the planned development district; (ii) whether the area proposed to be rezoned is appropriate for a planned development under the Comprehensive Plan; and (iii) the relation of the proposed planned development to major roads, utilities, public facilities, and public services. 2. Additional factors to be considered when acting on an application to amend existing planned development district. In addition to the other factors relevant to the consideration of a zoning map amendment, the Board shall consider the following when it reviews an application to amend an existing planned development district: (i) whether the proposed amendment reduces, maintains, or enhances the criteria of a planned development stated in Section 8.3; and (ii) the extent to which the proposed amendment impacts the other parcels within the planned development district. C. Amendments to proposed proffers after the public hearing has begun. The Board may accept, in its sole discretion, amended proffers after 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. D. Time for action. The Board shall act on an application for a zoning map amendment within a reasonable period as may be necessary, not to exceed 12 months after the application was determined to be complete. The 12 month period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code §§ 15.2-2204, 15.2-2284, 15.2-2285, 15.2-2286, 15.2-2303. Comment: Sections 33.27(A) and 33.27(A)(1) are current section 33.4(p). Section 33.27(A)(2) is an element of Virginia law that is partially covered in current section 33.4(q). Section 33.27(B) is 38 Draft: July 24, 2018 current section 33.6(b). Section 33.27(C) is current section 33.7(d), but the language is greatly simplified. Section 33.27(D) is current section 33.4(n)(2). Current section 33.4(n)(3), which pertained to "tolling" the time in which action is required, is addressed in Section 33.52. Sec. 33.28 Effect of approval of zoning map amendment; effect of proffers once accepted. The Board of Supervisors' adoption of a zoning map amendment constitutes acceptance of the proffers and also, for any application to establish or amend a planned development district, approval of the application plan, all standards of development, and the code of development. In addition: A. Become part of zoning regulations. The district designation, the accepted proffers, the approved application plan, the standards of development, and the code of development, are part of the zoning regulations applicable to the parcel(s) that was the subject of the zoning map amendment. B. Effect ofproffers once they are accepted. Once proffered and accepted by the Board in conjunction with an adopted zoning map amendment, the proffers continue in effect until a subsequent zoning map amendment changes the zoning of the parcel(s) subject to the proffers; provided that the proffers continue in effect if the subsequent zoning map amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. State law reference-Va. Code §§ 15.2-2285, 15.2-2286, 15.2-2303. Comment: Sections 33.28(introduction) and 33.28(A) are current section 33.6(c). Section 33.28(B) is current section 33.7(e). Sec. 33.29 Resubmitting a similar denied application within one year is prohibited. An owner may not submit an application for a zoning map amendment that is substantially the same as a denied application for a zoning map amendment for the same parcel(s) within one year after the date of the denial by the Board of Supervisors. State law reference-Va. Code §§ 15.2-2285, 15.2-2286. Comment: Section 33.29 is current section 33.4(s). Comment: Current 33.4(t), which states that any action contesting a decision of the Board of Supervisors shall be as provided in Virginia Code § 15.2-2285(C), is omitted from this ordinance. Virginia Code § 15.2-2285(C) is self-executing and does not need to be in the Zoning Ordinance. Division 4. Special Use Permits Sec. 33.30 Introduction. This division establishes the regulations and safeguards for filing, reviewing, and acting on applications for special use permits. A. Power to grant special use permits is reserved by the Board of Supervisors. The Board of Supervisors reserves the power to consider and approve or deny all applications for special use permits except as the power has been delegated to the Board of Zoning Appeals to consider and approve or deny applications for special use permits as provided in Section 34.5. 39 Draft: July 24, 2018 B. Matters eligible for a special use permit. The Board may approve special use permits for those use classifications identified in the district regulations allowing identified uses by special use permit. State law reference-Va. Code § 15.2-2286. Comment: Sections 33.30 (introduction) and 33.30(A) consolidate the purpose and intent language of current sections 33.1 and 33.4 (introductory paragraph). Section 33.30(B) is new but does not impose a new requirement. Sec. 33.31 Pre -application meeting. Any prospective applicant for a special use permit shall request and hold a meeting with the Department of Community Development before filing an application with the Department. This meeting is referred to as the "pre -application meeting." A. Submitting information. The applicant shall complete and submit information on County -provided forms before or during the pre -application meeting. B. Purposes for a pre -application 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 of Planning to identify the information the applicant must submit with the application pursuant to Section 33.33. C. When a pre -application meeting is not required. The Director of Planning, exercising reasonable discretion, may decide that the pre -application 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, and other relevant considerations applying sound zoning principles do not warrant a pre -application meeting; (ii) whether the information delineated in section 33.33 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. State law reference-Va. Code § 15.2-2286. Comment: Section 33.31 is current section 33.4(a). Sec. 33.32 Application for a special use permit. Each application for a special use permit shall be filed as follows: A. Who may file an application. An owner, a contract purchaser with the owner's consent, the owner's authorized agent (collectively in this division, the "owner" or the "applicant), or an eligible easement holder may file an application for a special use permit. An "eligible easement holder" is a holder of an easement for which the special use permit is sought for a use allowed by the deed of easement or equivalent instrument. 40 Draft: July 24, 2018 B. Who must sign an application. The application shall be signed by the owner or the eligible easement holder of each parcel that is the subject of the special use permit. C. Documentation regarding the authority to apply. The Director of Planning may require the applicant to submit documentation establishing ownership of, or the easement interest in, any parcel that is the subject of the application and the authority of each signatory to sign the application on behalf of the owner or the eligible easement holder. D. Application forms. The Director of Planning may establish appropriate application forms for special use permits. E. Information required to be submitted with an application. Each application shall include the information identified in Section 33.33 required by the Director of Planning to be submitted. In determining what information the applicant must submit, the Director shall consider the proposed use and other relevant considerations applying sound zoning principles. State law reference-Va. Code § 15.2-2286. Comment: Section 33.32(A) is current section 33.4(b)(1). Section 33.15(B) is new, is based on current section 33.2(b)(1), and does not impose a new requirement. Section 33.15(C) is new, is based on current section 33.2(b)(1), and does not impose a new requirement. Section 33.15(D) is current section 33.4(b)(2). Section 33.32(E) is current section 33.4(b)(3). Section 33.32(E) also revises the criteria for the Director of Planning in deciding whether the owner is allowed to not provide certain information. Sec. 33.33 Information the Director of Planning may require to be submitted with application. The Director of Planning may require any of the following information to be submitted with an application for a special use permit: A. Project proposal. A narrative of the project proposal, including its public need or benefit. B. 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. C. Impacts on public facilities and infrastructure. A narrative of the proposed project's impacts on public facilities and public infrastructure. D. Impacts on environmental features. A narrative of the proposed project's impacts on environmental features. E. Maps. One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions. F. Conceptual plan. A conceptual plan showing, as applicable: 1. Street network. The street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project. 2. Cross-sections. Typical street cross-sections to show proportions, scale, and streetscape/cross- sections/circulation. 41 Draft: July 24, 2018 3. Pedestrian and bicycle facilities. The general location of pedestrian and bicycle facilities. 4. Buildings and parking. Building envelopes and parking envelopes. 5. Public areas. Public spaces and amenities. 6. Conservation and preservation areas. Areas to be designated as conservation areas and preservation areas. 7. Stormwater management. Conceptual stormwater detention facility locations. 8. Grading. Conceptual grading. G. 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. If the applicant is an easement holder, also the most recently recorded easement plat showing the boundaries of the easement. H. 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 and all other related documents. 1. Contact person. The name, address, telephone number, and email address of a single contact person for communications between the County and the applicant. J. Payment of delinquent taxes. Satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on any parcel that is the subject of the application, that are owed to the County and have been properly assessed against the parcel, have been paid; provided that the payment of delinquent taxes, nuisance charges, stormwater management utility fees, or other charges shall not be required when the applicant for a special use permit is an easement holder. K. 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. State law reference-Va. Code § 15.2-2286. Comment: Sections 33.33(A), (B), (C), (D), (E), (F), (G), (H), (I), and (K) are current sections 33.4(c)(1)(part), (2)(part), (3), (4), (6)(part), (7)(part), (13), (14), (15), and (16) respectively. Section 33.33(J) is current section 33.4(g). Sec. 33.34 Filing the application; determining completeness of the application; paying fees; resubmitting an application originally determined to be incomplete. Each application for a special use permit shall be filed as follows: A. Where to file. The application shall be filed with the Department of Community Development. 42 Draft: July 24, 2018 B. Number of copies to file. The Director of Planning may establish for each class of application the number of collated copies of the application required to be filed, to accept electronic applications for filing, or both. C. Determining completeness of the application. The Director of Planning shall review each filed application as follows: 1. Timing of the determination of completeness. The Director shall determine whether an application is complete within 10 days after the application was received. 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 is incomplete and shall be deemed to not be filed and shall not be accepted for review and action. 2. Informing an applicant if the application is incomplete. If the Director determines that an application is incomplete, the Director 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, or, if consented to by the applicant in writing, by fax or email (collectively, "sent"), or be personally delivered. The letter shall be sent or personally delivered within 10 days after the application was received. Effect if a timely determination is not made. If the Director does not send or personally deliver the letter as provided in subsection (C)(2) within the 10 -day period, the application shall be determined to be complete, provided that: (i) the Director may require the applicant to later provide the omitted information within a period specified by the Director; and (ii) the Director may reject the application because it is incomplete if the applicant fails to timely provide the omitted information. 4. If an application is incomplete; submitting information. If an application is incomplete, the applicant may submit all of the information identified in the letter provided in subsection (C)(2) within 90 days after the letter was sent or personally delivered. The Director shall review the information submitted to determine whether the application is complete as provided in this subsection (C). An incomplete application is void if the applicant fails to submit all of the information identified in the letter provided in subsection (C)(2) within 90 days after the letter was sent or personally delivered. If the applicant fails to timely submit the information identified in the letter, the applicant may proceed only by filing a new application. D. Paying fees. The applicant shall pay the fees required by Section 35.1 when the application is determined to be complete. The application shall not be further reviewed until the applicant pays the fees. E. When an application is determined to be complete; effect. When the Director of Planning determines that the applicant has submitted all of the required information, it is determined to be complete, and it is officially submitted for review for the purpose of calculating the time in which action must be taken pursuant to Sections 33.39 and 33.40. F. Notice to the owner about an application for a special use permit filed by an easement holder when the application is determined to be complete. The Department of Community Development shall provide written notice to the owner of the parcel for which a special use permit is sought as provided by Virginia Code § 15.2-2204(H) when an application is filed by an eligible easement holder. The notice shall be provided within 10 days after the application for the special use permit is determined to be complete. 43 Draft: July 24, 2018 State law reference-Va. Code § 15.2-2286. Comment: Section 33.34(A) is current section 33.4(e)(part). Section 33.34(B) is current section 33.4(e)(part) and revised to expressly enable the Department of Community Development to accept electronic filings. Section 33.34(C)(1), (2), and (3) is current section 33.4(f)(part). Section 33.34(C)(4) is new, at the request of the Department of Community Development, and replaces current section 33.4(h). Section 33.34(D) is current section 33.4(g). Section 33.34(E) is current section 33.4(f)(first sentence) with revised terminology. Section 33.34(F) is is current section 33.4(f)(5). Sec. 33.35 Studies identifying potential impacts of special use permit. When the filed application is complete, the Director of Planning may require an applicant to submit studies identifying the nature and extent of potential impacts resulting from a proposed special use permit. State law reference-Va. Code § 15.2-2286. Comment: Section 33.35 is new, to expressly provide for an implied authority arising from the applicant's obligation to show that it favorably satisfies the criteria for a special use permit (e.g., consistency with the comprehensive plan, no substantial detriment to adjacent parcels). Sec. 33.36 Worksessions. The Director of Planning may schedule one or more worksessions before the Board of Supervisors, the Commission, and the Achitectural Review Board ("ARB"), if applicable, on any application for a zoning map amendment, subject to the following: A. Purposes for a worksession. The purposes for a worksession are to present the proposed project to the Board, the Commission, or the ARB with the Department of Community Development's analysis of the major issues, seek direction from the Board, the Commission, or the ARB on their expectations in addressing those issues. B. Factors to consider in requiring a worksession. When deciding whether to conduct a worksession, the Director shall consider: (i) the nature of the approval requested; (ii) the acreage affected; (iii) the possible impacts that could result from an approved application; and (iv) any other factors deemed relevant upon applying sound zoning principles. C. When an applicant's consent is 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 Sections 33.39 and 33.40. State law reference-Va. Code § 15.2-2286. Comment: Section 33.36 is current section 33.4(1). Sec, 33.37 Community meetings. The applicant shall schedule and conduct one or more community meetings on any pplication for a special use permit, unless the requirement for a community meeting is waived as provided in subsection (B), subject to the following: 44 Draft: July 24, 2018 A. Purposes for a community meeting. The nurnoses for a community meeting are to provide interested members of the public the opportunity to receive information about the proposed project, the applicable procedure, the policies of the Comprehensive Plan and other relevant policies. and the regulations applicable to the proposed project, and to allow the public to ask questions about the proposed nroiect. B. Guidelines. The Director of Planning shall establish written guidelines pertaining to notification of nearby landownersscheduling, and conducting community meetings. C. Community meeting may be waived: factors to consider. The Director may waive the requirement for holding a community meeting. The community meeting may be waived when the Director. exercising reasonable discretion, decides that the meeting would not achieve the p=oses for the meeting upon considering: (i) whether the application would be likely to generate any public concerns because of the nature of the approval requested, the acreage 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 regardingthe he application, making a community meeting under this section unnecessary. D. Holding in conjunction with a citizen advisory committee meeting. A community_ meeting may_ be held during a citizen advisory committee meetjn- E. When community meeting is to be held. A community meeting shall be held prior to the first public hearing on the application for a zoning man• F. Additional community meetings. The Director may require that an additional community meeting be held prior to a public hearing if a deferral has been requested and a project is resubmitted which is substantially different than the original project. State law reference-Va. Code § 15.2 -2286 - Comment: Sections 33.37(A) through (C) are current section 33.40), but with substantive changes. Section 33.37(D) is new to expressly codify the current practice. Sec. 33.38 Public hearings; notice. Public hearings on an application for a special use permit are required as follows: A. When public hearings are required. The Commission shall hold at least one public hearing before it makes its recommendation to the Board of Supervisors. After the Board receives the recommendation from the Commission, it shall hold at least one public hearing before acting. B. Notice of public hearings. Notice of the public hearings shall be provided as follows: 1. Published and mailed notice. The Department of Community Development shall provide notice of the public hearing before the Commission and the Board as required by Virginia Code § 15.2- 2204(A) and (B), as otherwise required for a zoning map amendment, and Virginia Code § 15.2- 2204(C). 2. Posted notice. The Department of Community Development shall post notice of the public hearings before the Commission and the Board as follows: 45 Draft: July 24, 2018 a. When a sign must be posted. The sign shall be posted at least 21 days before the Commission's public hearing on the application and shall remain posted until the Board has acted on the application or the application has been withdrawn. b. Where a sign is to be located. The sign shall be erected within 10 feet of each boundary line of the parcel(s) that is the subject of the special use permit abutting a street and shall be placed so that it is 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 zoning map amendment is approved 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 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 that is not subject to the zoning map amendment in locations that are most conspicuous to the public. Before posting a sign on a parcel, the Zoning Administrator shall obtain the consent of the owner to do so if the parcel is not owned by the County. c. Content of a 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 to defer action on an application until there is reasonable compliance with this subsection. e. Ownership of a sign; violation for removing or tampering with sign. Each sign is the property of the County. It is 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 offailure to comply. If the Department of Community Development fails to post any sign required by this subsection (13)(2): 1. Prior to action by the Board. The Board may defer acting 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 is not invalid. Neither the Commission's recommendation nor the Board's approval of a zoning map amendment is invalid solely because of the failure to post notice as required by this subsection. State law reference-Va. Code §§ 15.2-2204, 15.2-2286. Comment: Section 33.38 is current section 33.4(m). Sec. 33.39 Recommendation by the Planning Commission. The Commission shall act on an application for a special use permit as follows: 46 Draft: July 24, 2018 A. Recommendation. The Commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the Board of Supervisors, or denial of the application. B. Factors to be considered. In making its recommendation, the Commission shall consider the same factors considered by the Board under Section 33.40. C. Conditions. The Commission's recommendation should include its recommendations on any proposed conditions, applying the same criteria applied by the Board under section 33.40. D. Time for recommendation. The Commission shall make its recommendation on the application within 90 days after the application is determined to be complete. The failure of the Commission to make a recommendation on the matter within the 90 -day period shall be deemed to be a recommendation of approval. The 90 -day period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code § 15.2-2286. Comment: Section 33.39(A) is current section 33.4(0). Section 33.39(B) is current section 33.8(a). Section 33.39(C) is current section 33.8(b). Section 33.39(D) is current section 33.4(n)(1). Current section 33.4(n)(3), which pertained to "tolling" the time in which action is required, is addressed in Section 33.52. Sec. 33.40 Action by the Board of Supervisors. The Board of Supervisors shall act on an application for a special use permit as follows: A. Action. The Board may either approve the special use permit, deny the application, or defer action to either allow changes to be made to the application or any proposed conditions prior to final action by the Board, or to refer the matter back to the Commission for further consideration and recommendation within the time for an action provided in subsection (D). B. Factors to be considered. In acting on a special use permit, the Board shall consider the following factors, provided that the Board is not required to make specific findings in support of its action: 1. No substantial detriment. Whether the proposed special use will be a substantial detriment to adjacent parcels. 2. Character of the nearby area is unchanged. Whether the character of the adjacent parcels and the nearby area will be changed by the proposed special use. 3. Harmony. Whether the proposed special use will be in harmony with the purpose and intent of this chapter, with the uses permitted by right in the district, with the regulations provided in Section 5 as applicable, and with the public health, safety, and general welfare. 4. Consistency with the Comprehensive Plan. Whether the proposed special use will be consistent with the Comprehensive Plan. C. Conditions. In approving a special use permit, the Board may impose reasonable conditions to address any possible impacts of the special use. Except as the Board may specify in a particular case, any condition imposed on a special use shall be deemed to be essential and nonseverable from the 47 Draft: July 24, 2018 permit itself Any condition determined to be unreasonable, invalid, void, or unlawful shall invalidate the special use permit. The conditions may pertain to, but are not limited to, the following: 1. Preventing or minimizing smoke, dust, noise, traffic congestion, flood, and other hazardous, deleterious or otherwise undesirable substances or conditions. 2. Providing adequate police and fire protection. 3. Providing adequate improvements pertaining to transportation, water, sewage, drainage, recreation, landscaping, and screening or buffering. 4. Establishing special requirements relating to building setbacks, front, side, and rear yards, off- street parking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building heights, and other particular aspects of occupancy or use. 5. The period by which the use or the construction of any structure required for the use must begin. 6. The materials and methods of construction or specific design features; provided that any condition imposed in connection with a residential special use permit: (i) shall be consistent with the objective of providing affordable housing if the applicant proposes affordable housing; and (ii) shall consider the impact of the condition on the affordability of housing. D. Time for action. The Board shall act on an application for a special use permit within a reasonable period not to exceed nine months after the date the Commission made its recommendation on the application. The 12 month period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code § 15.2-2286. Comment: Section 33.40(A) is current section 33.4(p). Section 33.40(B) is current section 33.8(a), but Section 33.40(B)(3) is revised to refer to the proposed use changing the character of the "adjacent parcels and the nearby area" rather than changing the character of the "district," which was interpreted in the past to refer to both the zoning district and the geographical district.. Section 33.40(C) is current sections 33.8(b), (c), and (d). Section 33.40(D) is current section 33.4(n)(2), though how the period is calculated is revised; the result is the same as under the current regulations — the Board must act within 12 months after the application is determined to be complete. Current section 33.4(n)(3), which pertained to "tolling" the time in which action is required, is addressed in Section 33.52. Sec. 33.41 Revoking a special use permit for noncompliance with conditions. The Board of Supervisors may revoke a special use permit if it determines, after a public hearing, that the permittee or any successor has not complied with any conditions of the permit. Notice of the public hearing shall be as provided in Section 33.38. The written notice given by the Clerk of the Board to the owners, their agents, or the occupants of abutting parcels and parcels immediately across the street from the parcel(s) subject to the special use permit may be given by first-class mail rather than by registered or certified mail. State law reference-Va. Code §§ 15.2-2204, 15.2-2286. 48 Draft: July 24, 2018 Comment: Section 33.41 is current section 33.8(e), but by referencing Section 33.38, the rule is clarified so that the notice of the public hearing to revoke the permit is the same as the notice to approve the permit. Sec. 33.42 Resubmitting a similar denied application within one year is prohibited An owner may not submit an application for a special use permit that is substantially the same as a denied application for a special use permit for the same parcel(s) within one year after the date of the denial by the Board of Supervisors. State law reference-Va. Code § 15.2-2286. Comment: Section 33.42 is current section 33.4(s). Comment: Current 33.4(t), which states that any action contesting a decision of the Board of Supervisors shall be as provided in Virginia Code § 15.2-2285(C), is omitted from this ordinance. Virginia Code § 15.2-2285(C) is self-executing and does not need to be in the Zoning Ordinance. Division 5. Special Exceptions Sec. 33.43 Introduction. This division establishes the regulations and safeguards for filing, reviewing, and acting on applications for special exceptions. A. Power to grant special exceptions is reserved by the Board of Supervisors. The Board of Supervisors reserves the power to consider and approve or deny all applications for special exceptions. B. Matters eligible for a special exception. The Board may approve special exceptions to waive, modify, vary, or substitute any requirement of this chapter that is expressly authorized to be waived, modified, varied, or substituted. C. Variations and exceptions distinguished. A special exception is not required for any matter that may be varied or excepted under Section 32 or Chapter 14, or for developing and constructing residential dwellings at the use, height, and density permitted by right in the applicable district as provided by Virginia Code § 15.2-2288.1. State law reference-Va. Code § 15.2-2286. Comment: Section 33.43 is current section 33.5(a). Sec. 33.44 Application for a special exception. Each application for a special exception shall be filed as follows: A. Who may file an application. An owner, a contract purchaser with the owner's consent, the owner's authorized agent (collectively in this division, the "owner" or the "applicant"), or an eligible easement holder may file an application for a special exception permit. An "eligible easement holder" is a holder of an easement for which the special exception is sought that pertains to a use allowed by the deed of easement or equivalent instrument. 49 Draft: July 24, 2018 B. Who must sign an application. The application shall be signed by the owner or the eligible easement holder of each parcel that is the subject of the special exception. C. Documentation regarding the authority to apply. The Director of Planning may require the applicant to submit documentation establishing ownership of, or the easement interest in, any parcel that is the subject of the application and the authority of each signatory to sign the application on behalf of the owner or the eligible easement holder. D. Application forms. The Director of Planning may establish appropriate application forms for special exceptions. E. Information required to be submitted with an application. Each application shall include the information required by the applicable section of this chapter authorizing the waiver, modification, variation, or substitution. State law reference-Va. Code § 15.2-2286. Comment: Section 33.44(A) is current section 33.5(b)(1). Section 33.44(B) is new, is based on current section 33.2(b)(1), and does not impose a new requirement. Section 33.44(C) is current section 33.5(b)(1) part. Section 33.44(D) is new, is based on current section 33.4(b)(2). Section 33.44(E) is new, is based on current section 33.4(b)(3). Section 33.32(F) is new, is based on current section 33.4(f)(first sentence). Section 33.44(G) is new, at the request of the Board of Supervisors. Sections 33.44(B), (C), (E), and (F) are intended to fill in procedural gaps based on the procedures used for special use permits. Sec. 33.45 Filing the application; determining completeness of the application; paying fees; resubmitting an application originally determined to be incomplete. Each application for a special exception shall be filed as follows: A. Where to file. The application shall be filed with the Department of Community Development. B. Number of copies to file. The Director of Planning may establish for each class of application the number of collated copies of the application required to be filed, to accept electronic applications for filing, or both. C. Determining completeness of the application. The Director of Planning shall review each filed application as follows: 1. Timing of the determination of completeness. The Director shall determine whether an application is complete within 10 days after the application was received. 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 is incomplete and shall be deemed to not be filed and shall not be accepted for review and action. 2. Informing an applicant if the application is incomplete. If the Director determines that an application is incomplete, the Director 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, or, if consented to by the applicant in writing, by fax or by email (collectively, "sent"), or be personally delivered. The letter shall be sent or personally delivered within 10 days after the application was received. 50 Draft: July 24, 2018 3. Effect if a timely determination is not made. If the Director does not send or personally deliver the notice as provided in subsection (C)(2) within the 10 -day period, the application shall be deemed to be complete, provided that: (i) the Director may require the applicant to later provide the omitted information within a period specified by the Director; and (ii) the Director may reject the application as provided herein if the applicant fails to timely provide the omitted information. 4. If an application is incomplete; submitting information. If an application is incomplete, the applicant may submit all of the information identified in the letter provided in subsection (C)(2) within 90 days after the letter was sent or personally delivered. The Director shall review the information submitted to determine whether the application is complete as provided in this subsection (C). An incomplete application is void if the applicant fails to submit all of the information identified in the letter provided in subsection (C)(2) within 90 days after the letter was sent or personally delivered. If the applicant fails to timely submit the information identified in the letter, the applicant may proceed only by filing a new application. D. Paying fees. The applicant shall pay the fees required by Section 35.1 when the application is determined to be complete. The application shall not be further reviewed until the applicant pays the fees. E. When an application is determined to be complete; effect. When the Director of Planning determines that the applicant has submitted all of the required information, it is determined to be complete, and it is officially submitted for review for the purpose of calculating the time in which action must be taken pursuant to Sections 33.48 and 33.49. F. Notice to the owner about an application for a special exception filed by an easement holder when the application is determined to be complete. The Department of Community Development shall provide written notice to the owner of the parcel for which a special exception is sought as provided by Virginia Code § 15.2-2204(H) when an application is filed by an eligible easement holder. The notice shall be provided within 10 days after the application for the special exception is determined to be complete. State law reference-Va. Code § 15.2-2286. Comment: Section 33.45 is intended to fill in procedural gaps based on the procedures for specialexceptions. Section 33.45(A) is new, is based on current section 33.4(e), and does not impose new requirements. Section 33.45(B) is new, is based on current section 33.4(e)(part), does not impose new requirements, and is revised to expressly enable the Department of Community Development to accept electronic filings. Section 33.45(C) is new and is based on current section 33.4(f). Section 33.45(C)(4) is at the request of the Department of Community Development. Section 33.45(D) is new, but is based on current section 33.4(g), and does not impose new requirements. Section 33.45(E) is new, but is based on current section 33.4(f) (first sentence). Section 33.45(F) is new, but is based on current section 33.4(f)(5). Sec. 33.46 Studies identifying potential impacts of special exception. When the fled application is complete, the Director of Planning may require an applicant to submit studies identifying the nature and extent of potential impacts resulting from a proposed special exception. State law reference-Va. Code § 15.2-2286. 51 Draft: July 24, 2018 Comment: Section 33.46 is new, to expressly provide for the implied authority arising from the applicant's obligation to show that it favorably satisfies the criteria for a special exception (e.g., consistency with the comprehensive plan, no substantial detriment to adjacent parcels). Sec. 33.47 Public hearings; when required; notice. Public hearings on an application for a special exception are required as follows: A. When public hearings are required. The Commission and the Board of Supervisors shall each hold at least one public hearing on any application for a special exception that would increase by greater than 50 percent the bulk or height of an existing or proposed building within one-half mile of an adjoining locality. B. When the Board of Supervisors may elect to have the Commission make a recommendation on the application and to hold one or more public hearings. When public hearings are not required under subsection (A), the Board may elect, either by policy or for an individual application, to have the Commission first make a recommendation on the application for a special exception and for either the Commission or itself to hold one or more public hearings. C. Notice ofpublic hearings. When public hearings are required under subsection (A), the Department of Community Development shall provide notice of the public hearings before the Commission and the Board pursuant to Virginia Code § 15.2-2204(C). State law reference-Va. Code §§ 15.2-2204, 15.2-2286. Comment: Section 33.47(A) is current section 33.5(c). Section 33.47(B) is new, is intended to acknowledge the existing policy between the Board and the Department of Community Development as to when the Commission will make a recommendation on an application and when public hearings may be held, and is intended to provide the Board of flexibility in a given situation. Section 33.47(C) is current section 33.5(e). Sec. 33.48 Recommendation by the Planning Commission when required. The Commission shall act on an application for a special exception as follows: A. When a Commission recommendation is required. The Commission is required to act on an application for a special exception only if a public hearing on the application is required by Section 33.47(A) or the Board of Supervisors elects to have the Commission consider the application under Section 33.47(B). B. Recommendation. The Commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the Board, or denial of the application. C. Factors to be considered. In making its recommendation, the Commission shall consider the factors, standards, criteria, and findings, however denominated, in the applicable sections of this chapter. D. Conditions. The Commission's recommendation should include its recommendations on the proposed conditions. 52 Draft: July 24, 2018 E. Time for a recommendation. The Commission shall make its recommendation on the application within 45 days after the application is determined to be complete. The failure of the Commission to make a recommendation on the matter within the 45 -day period shall be deemed to be a recommendation of approval. The 45 -day period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code § 15.2-2286. Comment: Section 33.48(A) is new, to clarify the specific circumstances when Commission review and action is required. Section 33.48(B) is current section 33.5(g). Section 33.48(C) is current section 33.9(a). Section 33.48(D) is current section 33.5(g). Section 33.48(E) is new to provide a deadline for Commission recommendation. Sec. 33.49 Action by the Board of Supervisors. The Board of Supervisors shall act on an application for a special exception as follows: A. Action. The Board may either approve the application, deny the application, or defer action to either allow changes to be made to the application or any proposed conditions prior to final action by the Board, or to refer the matter to the Commission for further consideration and recommendation within the time for an action provided in subsection (D). B. Factors to be considered. In acting on a special exception, the Board shall consider the factors, standards, criteria, and findings, however denominated, in the applicable sections of this chapter, provided that the Board shall not be required to make specific findings in support of its action. C. Conditions. In approving a special exception, the Board may impose reasonable conditions to address any possible impacts of the special exception. Except as the Board may specify in a particular case, any condition imposed on a special exception shall be deemed to be essential and nonseverable from the special exception itself. Any condition determined to be unreasonable, invalid, void, or unlawful shall invalidate the special exception. D. Time for action. The Board shall act on an application for a special exception within 90 days after the application is determined to be complete. The 90 -day period may be extended if the applicant requests a deferral pursuant to Section 33.52. State law reference-Va. Code § 15.2-2286. Comment: Section 33.49(A) is current section 33.5(h). Section 33.49(B) is current section 33.9(a). Section 33.49(C) is current section 33.9(c). Section 33.49(D) is current section 33.5(f). Sec. 33.50 Revoking a special exception for noncompliance with conditions The Board of Supervisors may revoke a special exception if the Board determines, after a public hearing, that the permittee or any successor has not complied with any conditions of the special exception. Notice of the public hearing shall be as provided in Virginia Code § 15.2-2204. The written notice given by the Clerk of the Board to the owners, their agents, or the occupants of abutting parcels and parcels immediately across the street from the parcel(s) subject to the special exception may be given by first- class mail rather than by registered or certified mail. State law reference-Va. Code §§ 15.2-2204, 15.2-2286. 53 Draft: July 24, 2018 Comment: Section 33.50 is new, intended to add the authority that exists for revoking a special use permit for violating conditions. Sec. 33.51 Resubmitting a similar denied application within one year is prohibited. An owner may not submit an application for a special exception that is substantially the same as a denied application for a special exception for the same parcel(s) within one year after the date of the denial by the Board of Supervisors. State law reference-Va. Code § 15.2-2286. Comment: Section 33.51 is new, intended to add the same prohibition that exists for denied special use permit applications. Comment: Current 33.5(1), which states that any action contesting a decision of the Board of Supervisors shall be as provided in Virginia Code § 15.2-2285(C), is omitted from this ordinance. Virginia Code § 15.2-2285(C) is self-executing and does not need to be in the Zoning Ordinance. Division 6. Deferring Action and Withdrawing an Application Sec, 33.52 Deferring action. After submittingan application but before action by the Board of Supervisors, an applicant fora Zoning man amendment, special use permit, or special exception as follows: A. Request for deferral on applications submitted on and after fe ective date of the ordinancel. For any application submitted on and after [effective date of the ordinance], the applicant may request that the County suspend review of the application and extend the time period for action by the Commission or the Board (the terms "suspend review" and "extend the tie for action" are collectively referred to as a "deferral" or a variation of that word) as follows: 1. Request for deferral. The applicant shall submit the written request to defer to the Director of Planning. The request shall state the date by which the applicant requests the Board will act on the application, which may not exceed 36 months after the date the application was determined to be complete. 2. Limitation. The application may not be in a state of deferral beyond 32 months after the date the application was determined to be complete if the Commission has not vet held a public hearing on the application; and further provided that the application may not be in a state of deferral beyond 33 months after the date the application was determined to be complete if the Commission has held a public hearing and made a recommendation on the application. 3. Effect of receivingquest. Upon the Director of Planning receiving a request for a deferral. review of the application shall stop and any advertised public hearing shall be cancelled. However, an applicant may resubmit information for review according to the published schedule established by the Director in anticipation of action by the Board before the deferral period ends. B. Request for deferral on applications submitted more than 36 months before [effective date of the ordinancel. For any pplication submitted more than 36 months before [effective date of the ordinance], the applicant shall submit a written request to defer to the Director within 30days after 54 Draft: July 24, 2018 the applicant receives written notice from the Director about the reauirements of this subsection. The Board shall act on the application within 12 months after [effective date of the ordinancel. C. Request for deferral on applications submitted less than 36 months before Leffective date of the ordinancel. For any application submitted less than 36 months before [effective date of the ordinance], the applicant shall submit a written request to defer to the Director within 30 days after the applicant receives written notice from the Director about the reauirements of this subsection. The Board shall act on the application within the 36 -month period or a reasonable period of time beyond the 36 -month period required to complete the review of the application and to hold any required public hearings. State law reference-Va. Code § 15.2-2286. Comment: Section 33.52 is current section 33.4(r)(part), with significant changes to simplify the current regulations, which are difficult for staff to administer and which allow applications to be deferred multiple times. Sec. 33.53 Requesting action after deferral. After the applicant's request for a deferral is granted by the Director of Planning, the applicant is responsible for requesting action by the Commission or the Board of Supervisors as follows: A. Request for action by the Commission. When the applicant is ready for action by the Commission, the applicant shall make a written request to the Director of Planning and submit all information necessary for action according to the published schedule established by the Director. B. Request for action by the Board of Supervisors. When the applicant is ready for action by the Board, the applicant shall make a written request to the Director of Planning and submit all information necessary for action according to the published schedule established by the Director. C. When the request for action must be received. The written request shall be received by the Director no later than 120 days before the end of the deferral period. D. Action on an application by the Board of Supervisors. The Board may act on the application at any time before the end of the deferral period; provided that the Board may act on the application as soon thereafter as: (i) the Commission has held a public hearing and made a recommendation; and (ii) County staff has had sufficient time to analyze the application and satisfy all public notice requirements. On any application pending before the Board, the Director of Planning shall coordinate scheduling the application for public hearing or action, or both, with the Clerk of the Board. E. Extension of action beyond the end of the deferral period in extenuating circumstances. The time for action may be extended beyond the end of the deferral period if there are extenuating circumstances which include, but are not limited to, inclement weather, civil emergencies, or errors in providing public notice as required by State law. State law reference-Va. Code § 15.2-2286. Comment: Section 33.53 is primarily new, but is an extension of the deferral -related regulations in current section 33.4(r)(part). 55 Draft: July 24, 2018 Sec. 33.54 Withdrawing an application. An applicant for a zoning map amendment, special use permit, or special exception may request that its application be withdrawn, or an application may be deemed withdrawn. A. Withdrawing an application. An applicant for a zoning map amendment, special use permit, or special exception may request that its application be withdrawn by submitting a written request to withdraw the application as follows: 1. To whom the request is to be sent. The written request must be sent to the Director of Planning. If if the application is pending before the Board of Supervisors at the time the request is received, the Director shall immediately inform the Clerk of the Board of the request. 2. When the request must be received. The request must be received by the Director or the Clerk before the Commission or the Board, as applicable, begins to consider the application on a meeting agenda. 3. Effect of timely receipt of request to withdraw. When the request to withdraw is received, the application shall not be further processed or reviewed by County staff, nor acted on by the Commission or the Board. 4. Resubmitting a similar withdrawn application within one year prohibited. An owner may not submit an application that is substantially the same as a withdrawn application for the same parcel(s) within one year after the date of the withdrawal. B. When an application is deemed withdrawn. An application shall be deemed to be voluntarily withdrawn if the applicant requests deferral pursuant to subsection 33.52(A) and fails to provide within 90 days of the end of the deferral period all of the information required to allow the Board to act on the application, or fails to request a deferral as provided in subsection 33.52(B) or (C). State law reference-Va. Code § 15.2-2286. Comment: Section 33.54 is current section 33.4(r)(part), with significant changes to simplify the current regulations, which are difficult for staff to administer. This section also is amended to apply to applications for special exceptions. I, Claudette K. Borgersen, 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 Aye Nay Mr. Dill Mr. Gallaway Ms. Mallek Ms. McKeel Ms. Palmer Mr. Randolph Clerk, Board of County Supervisors 56 Draft: July 24, 2018 57 or Applicant Applicant says Applicant i/ Applicant does withdraws deferral oftime they are ready date and Flowchart showing Proposed New Process for Action and Deferral of SPs and ZMAs within 90 days, ATTACHMENT D additional ell to go to public date orsubmit preferably months from deferral of time acceptance of all info before public 7/2/18 for ROS to period required for hearing (PH) according to decide (up to 36 action by 120 advertised w{in 90 days monthsfrom daysfrom end or Applicant does ROS public not respond to PC public hearing and { 6 mos comments or hearing and decision (Min 4 mos, ask for deferral decision within Max 12 mos No deferrals or withdrawal 90 days of from Acceptance Acceptance) County accepts First set of or Applicant says Applicant Applicant Applicant ROS public application for corn ments sent theywill submits all info requests submits all info hearing and review, 32 days later resubmittogo according to deferral to according to decision within including to PH w{in 90 published allow a published 12 months of Deferral for 1. action w{in 12 public hearing days schedule to decision within schedule to Acceptance < 12 mos months of tees- allow for PH 12 months of allow for PH Acceptance "Acceptance" and decision Acceptance and decision within 90 days within 12 of Acceptance let months of or Applicant Applicant i/ Applicant does withdraws deferral oftime requests date and not request ROS within 90 days, submits all infc additional date orsubmit preferably months from deferral of time acceptance of all info before public application) for ROS to period required for hearing is according to decide (up to 36 action by 120 advertised monthsfrom daysfrom end or Applicant Applicant requests 120 days from requests PC deferral oftime of Deferral date and for ROS to submits all infc decide (up to 36 to allow PC and 1 months from ROS to act acceptance of within deferral application) period according to Applicant does not request PC date or ROS date or submit all info required for action by 120 daysfrom end Applicant withdraws Automatic withdrawal 9 Clock Starts 0 Days from Start Applicant withdraws Applicant submits all ini according to published scheduleto allow for PH and decision w{in 90 days from end of PC public hearing and decision no laterthan 120 daysfrom end of deferral Applicant does not request 1305 date or submit all info required for action by 90 daysfrom end of deferral Applicant withdraws Automatic withdrawal ROS public hearing and decision within 36 months of < 36 mos Maximum deferral Acceptance Automatic withdrawal End of Deferral Period No later than No later than 90 120 days from days from End End of Deferral of Deferral Period Period Automatic withdrawal ROS public hearing and decision within 36 months of < 36 mos Maximum deferral Acceptance Automatic withdrawal End of Deferral Period