COUNTY OF ALBEMARLE

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

Resolution of Intent to Amend Section 4.2 Critical Slopes Regulations in the Zoning Ordinance

 

 

SUBJECT/PROPOSAL/REQUEST:

Adopt a Resolution of Intent to amend the critical slopes regulations to provide additional administrative waivers and exemptions

 

 

STAFF CONTACT(S):

Messrs. Tucker, Foley, Davis, Kamptner, Graham, and Ms. McCulley

 

 

LEGAL REVIEW:   Yes

 

AGENDA DATE:

April 1, 2009

 

ACTION:               INFORMATION: 

 

CONSENT AGENDA:

  ACTION:   X          INFORMATION: 

 

 

ATTACHMENTS:   Yes

 

 

REVIEWED BY:

 

 

 

BACKGROUND:

On May 2, 2007, the Development Review Task Force (DRTF) presented its recommendations to the Board.  One of the recommendations was “to establish staff authority for waivers and modifications in development areas.”  The zoning text amendment for the first phase of these waivers was adopted by the Board on January 14, 2009.  In the initial discussion of the amendment on January 7th, the Board indicated that the regulations delineating the circumstances under which the agent may authorize the disturbance of critical slopes in the Development Areas should be broadened.

 

STRATEGIC PLAN:

Goal One:  Enhance the Quality of Life for all Citizens - Affordable Housing

Goal One:  Enhance the Quality of Life for all Citizens – Economic Vitality

Goal Four: Effectively Manage Growth & Development

 

DISCUSSION:

The zoning text amendment adopted by the Board on January 14, 2009 authorized the agent to waive the prohibition of disturbing critical slopes in the those zoning districts typically found in the Development Areas in two circumstances: (1) the critical slopes were created during the development of the property pursuant to a site plan approved by the County; or (2) the critical slopes will be disturbed to replace an existing structure located on critical slopes under specified circumstances.

 

The proposed zoning text amendment would broaden the authority granted to the agent to grant waivers.  For example, when the disturbed area would be less than an established threshold, or when the developer obtained approval of a mitigation plan addressing the impacts of disturbance.  This authority would continue to extend to only those critical slopes not identified as resources in the Open Space Plan.  The proposed zoning text amendment also could reconsider whether certain minor disturbances currently requiring a waiver, such as the disturbance of manmade critical slopes resulting from development allowed under a previously approved site plan, should be exempt from the waiver requirement, or be exempt subject to compliance with established performance standards. 

 

BUDGET IMPACT:

Staff anticipates that adoption of the proposed ordinance would reduce staff time and costs associated with preparing staff reports and making presentations at Planning Commission meetings.  The proposed ordinance would also reduce the time spent by the Commission in review and deliberation on waivers.    

 

RECOMMENDATIONS:

Staff recommends that the Board adopt the attached Resolution of Intent (Attachment A).

 

ATTACHMENTS

Attachment A:  Resolution of Intent

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