Mountain Overlay District; Phasing and Clustering of Rural Areas Subdivisions; Family Divisions



Board discussion of the Proposed MOD Plan and Phasing and Clustering frameworks for ordinances; extension of ownership for Family Divisions



Tucker, Foley, Graham, Cilimberg, Benish, McDowell






September 13, 2006


ACTION:      X                         INFORMATION: 



  ACTION:                               INFORMATION: 











The Board of Supervisors held two consecutive work sessions on May 10, 2006, to discuss the Mountain Overlay District Committee's proposed framework plan for protecting mountain resources (Attachment A) and  the proposed ordinance frameworks for the phasing and clustering of subdivisions in the Rural Areas (RA) as recommended by the Planning Commission (Attachment B).   The concept of phasing and clustering of subdivisions in the RA is an implementation initiative recommended in the Rural Areas section of the Comprehensive Plan approved in March 2005.  The key implementation initiatives were considered to be the measures having the greatest potential to lessen development pressure on the Rural Areas (Attachment C).


At the Board's request, the two public information open houses noted above were held to give citizens opportunities to learn more about these important issues.  The week following the open houses, the Board and Planning Commission held two joint meetings at Burley Middle School auditorium to receive public input.  Numerous staff members were involved in the preparation for the open houses and input meetings.  A flyer was developed and mailed to approximately 500 groups, individuals, businesses, and committee members and hand-delivered to 25 businesses in the RA; advertisements were placed in the Daily Progress two times; e-mails were sent to both “Rural Area” and “Land Use” email lists on the County's A-mail (approximately 600 people); the County's web sites were updated to include notices and information; news releases were sent to 16 media outlets; radio and television interviews were done; and news articles in local papers were published. Since the County Fair was being held at the same time as the public input meetings, a Rural Areas planner staffed a table at the Fair to answer questions and receive comment sheets.  Three new  publications, Phasing and Clustering of Rural Areas Subdivisions, Mountain Overlay District, and Protecting Albemarle County's Rural Spaces, were developed; a power point presentation was prepared and presented to give citizens a better understanding of the County's land use policies regarding Development Areas and Rural Areas, as well as information pertaining to the key topics.  A sample subdivision showing phasing and clustering both separate and combined was drawn on a hand-painted background that allowed the information to be made more easily understood, and new, more detailed, maps showing parcels within the MOD were developed and displayed; and the most recent RA demographic information was presented on charts. Over 90 comment sheets were forwarded to the Board.


These notification and information processes for the MOD and phasing and clustering frameworks noted above resulted in extensive public comment.  Approximately 80 individuals spoke at the two public meetings, over 90 written comments were received and forwarded to the Board, and numerous phone calls were received by staff.



Goal 2:1 Protect and/or preserve the County's rural character.

Goal 2:2 Protect and/or preserve the County's natural resources.



The Board determined that public input on the proposed MOD and phasing and clustering frameworks was imperative prior to their making any decision to further pursue these ordinance amendments. The purpose of this work session is for the Board to give staff direction regarding the Mountain Overlay District proposal and proposed amendment to the RA Zoning District for the phasing of subdivisions, clustering of subdivisions, and/or phasing and clustering combined.  As family divisions were recommended by the Planning Commission for exclusion from phasing and clustering regulations, direction regarding changes to the family division ordinance is also requested. The County Attorney has drafted Resolutions of Intent for these proposals (Attachments D, E, F, and G).


This work session also offers an opportunity for the Board to respond to citizen comments by directing staff to amend specific aspects of the frameworks, and/or determine that the County should explore alternative implementation measures.



The budget impacts of these frameworks cannot be determined until the Board provides further direction on ordinance development.



Based on the recommendations in the Comprehensive Plan, the recommendation of the MOD Committee regarding the MOD, and the Planning Commission regarding the ordinance frameworks for the phasing and cluster of subdivisions, staff recommends that Board adopt the following Resolutions of Intent:

·         Mountain Overlay District (Attachment D)

·         Phasing of Subdivisions (Attachment E)

·         Clustering of Subdivisions (Attachment F)

·         Family Divisions (Attachment G).



A - Mountain Overlay District Committee Proposal for Protection of Albemarle County's Mountain Resources

B - Planning Commission Recommendations to the Board of Supervisors for Phasing, Clustering, and Family

                  Divisions Framework Plan

C - Key Implementation Categories --Rural Areas Comprehensive Plan (approved March 2, 2005)

D - Resolution of Intent for Mountain Overlay District

E - Resolution of Intent for Phasing of Subdivisions

F - Resolution of Intent for Clustering of Subdivisions

G - Resolution of Intent for Family Divisions

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