PUBLIC HEARING SESSION REQUEST

Sponsor: 

Board of Supervisors Meeting Date:

Planning Commission

 

March 8, 2007

 

Staff Lead:

Department: 

W. Todd Benson, Assistant Zoning Administrator

 

Community Development

 

Topic:

 

A Proposed Zoning Ordinance Text Amendment to Article 13, Part 2 Pertaining to the Procedures for Amending the Fauquier County Zoning Map and Ordinance

 

Topic Description:

This proposed text amendment establishes additional procedures for the rezoning and text amendment processes.  It is designed to address problems encountered through experience with the rezoning process; it is designed to ensure a deliberate and constant procedural process.

 

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adopting the proposed Ordinance.

Financial Impact Analysis:

No financial impact analysis has been conducted.

 

Summary Staff Report:

This proposed text amendment is principally designed to specify procedures for processing rezoning applications in order to address problems that have been consistently encountered by the staff and applicants.  The proposed changes are summarized below. 

Pre-Application Meeting

The language is amended to require a pre-application meeting at least 90 days before submission of an application.  An additional on-site meeting between staff and the applicant is also required to be held prior to submission. Staff can waive the site meetings for cases that will not benefit from early on-site collaboration about site features and environmental resources. 

 

Review Process and Timing

The amendment proposes a refinement to the initial staff review process, providing for a complete review, report, and coordination with the applicant on issues prior to scheduling the application for Planning Commission public hearing.  It provides the applicant with an opportunity to make substantive revisions in response to County and referral agency staff comments and recommended project changes. The objective is to have a complete application subject to Planning Commission public hearing with minimal revisions required.  

It gives the Planning Commission 90 days to consider an amendment, unless the applicant requests a deferral.  If the applicant submits additional information or makes a change in the application, the Planning Commission can also take up to 90 days to make a recommendation depending upon the complexities of the revisions. 

Consistent with State Code, the Board continues to have one year to act on a rezoning.  The proposed text amendment clarifies, however, that time lost because of deferrals by the applicant does not count toward the one year period.  In addition, where an applicant changes an application while it is being processed, this shall constitute a re-application and the 12-month-review period will begin anew. 

Submission Requirements

The proposed amendment also clarifies and adds submission requirements.  Clarification is provided on traffic studies.  Submission requirements for map amendments are expanded to proof of application to the Army Corps of Engineers for a wetlands determination, existing floodplain limits, and a soil survey map.   The proposed amendment also specifies the detail required in a Concept Development Plan, where such plan is voluntarily proffered, to include proposed land uses and their locations and residential density and commercial square footage tabulations, road and pedestrian networks, conceptual public facilities and utilities plan, stormwater/BMP concept plan consistent with Section 203.2(1) of the DSM, anticipated floodplain boundaries where proposed change to FEMA floodplain, character, size, type and location of open space, with tabulations showing compliance with open space requirements of Article 2, additional information as may be required by specific special district regulations in Article 5, and architectural renderings or other illustrative sketches and graphics when necessary to illustrate or define a proffer condition. 

This proposed text amendment was initiated by the Planning Commission on September 28, 2006. A public hearing was conducted on October 26, 2006.  The public hearing was kept open and the matter continued until the November meeting of the Planning Commission. Because of comments received from Carson-Ashley and Piedmont Environmental Council, the Planning Commission continued the public hearing until January but asked to be briefed on the public comments during a work session at the December meeting.  An analysis of the comments was presented to the Planning Commission on December 19, 2006 and various amendments proposed by staff to accommodate the comments and concerns raised by Carson and Ashley and Piedmont Environmental Council. The comments of Carson-Ashley and Piedmont Environmental Council are attached, as are staff’s comments in response.  The attached proposed text contains the original proposed changes in red.  On January 25, 2007, the Planning Commission unanimously recommended approval.

 

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Economic Development 

ATTACHMENTS:

1.   1. Proposed Revisions to the Zoning Ordinance

2. Public Comments

3. Memorandum

 

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