Buckingham County Planning Commission Work Session Packet

Transcription

1 Buckingham County Planning Commission Work Session Packet July 16, 2012

2 Buckingham County Planning Commission Work Session Agenda ~onday,ju~16,2012 County Agriculture Building 7:00P.M. I. Call to Order by Planning Commission Chairman Invocation Pledge of Allegiance Establishment of Quorum 2. Adoption of Agenda 3. Public Comment 4. Old Business A. llzma-200- Tudor Place RPUD* B. Draft Music or Entertainment Festival Ordinance* C. Draft Noise Ordinance* 5. Commission Matters I Concerns 6. Adjournment

3 Buckingham County Planning Commission July 16, 2012 Agriculture Building 7:00PM Continued Case #11-ZMA200 OWNER/APPLICANT: Ian Jackson (I&J Homebuilders) James Madison Hwy Troy, VA PROPERTY INFORMATION - Tax Map Section 137, Parcel10B, off of Route 665 within the Tudor Place Subdivision, in the Maysville Magisterial District. ZONING DISTRICT - Agricultural District (A-1) REQUEST -Zoning Map Amendment- Mr. Ian Jackson is asking the Planning Commission to recommend approval of his request to rezone the property for the purpose of a residential PUD. ZONING INFORMATION- During the June meeting the Planning Commission had additional questions concerning the development and felt they did not have enough time to view the updated materials from the applicant. It was requested that they compile all of their concerns and the County Attorney would conduct another review of the Declarations and then the applicant would answer those questions and concerns for the July work session. The County Attorney provided his review on July 10,2012 (see attached) and the review and conditions (see attached) were provided to the applicant on July 10, The applicant provided his response (see attached) on July 12,2012. What is the desire of the Planning Commission at this time?

4 TELEPHONE TELECOPIER E. M. WRIGHT, JR. Buckingham County Attorney W. ]AMES ANDERSON HGWY 3RD FLooR, COURTHOUSE BUILDING COURTHOUSE SQUARE POBox200 BUCKINGHAM, VIRGINIA To: From: E.M. Re: Date: July 9, 2012 oner' s members In reviewing the material concerning Tudor Place I I have reviewed: 1. the revised Declarations; and 2. the "cheat sheet" handed out; 3. the portion of the zoning ordinance relating to PUDS; and 4. Certain portions of the Comprehensive Plan. I include comments about the ordinance because it requires very specific things. It requires: i. 2. Certain size lots for residential and commercial use. in the purpose at item 2 provides: " Residential and Commercial lots within the RPUD shall be a maximum. of one (1) acre. However, all uses aside from residential shall be incidental to residential." (Page 33) It requires common open space but it goes on to say: (page 35) "(b) All open space not dedicated to the public.shall be made subject to restrictive covenants running with the land thereafter" restricting its use as declared in the final development plan, and such restrictions shall be for the benefit of, and enforceable by, all present or future property owners who.shall be entitled to the use of such open space.'' I call your attention to these things because of lot 4 3 of acres. It is open space and not common space and appears to need a restrictive covenant or the size of the lots need to be reduced and the Commission needs to be advised of the use. I think the Commission needs to have a clear understanding of what is going to happen with all the property. I further believe the ordinance requires that. Once you change the zoning to RPUD the matter does not come back to you. The developer will submit a a fmal development plan to your agent to be approved.

5 E. M. WRIGHT, JR. Buckingham Couaty Attorney Member of Planning Commission July 9, 2012 page2 In regard to the revised Declarations, I believe the document is much improved. As noted before, being legal is one thing and being what might be the "best" is another thing. These are improved and would be legal when the Association is set up, etc. The Comprehensive Plan I believe the questions before the Commission are, at a minimum: 1. What is the status of Lot 43? I do not believe you can move forward urit.il that is resolved; Not in addition to comm~nts in this and the earlier memo, lot 43 shares a road with the subdivision already approved. Consent may be required with owners there for a road maintenance agreement, etc. 2. Are you satisfied with the policy matters set up in. the Declarations? 3. Are you satisfied with the intended development ofthe entire property? You may want to give some direction to the agent as what you believe to be acceptable in the fmal development plan or you may want the developer to put the entire package into a writing.. 4. Are you satisfied that this development is consistent with the Comprehensive Plan? (See pages ) I hope this will be of help to you and the Commission ~ Please let me know if you need anything further. cc: Rebecca S. Carter County Administrator Rebecca Cobb Zoner/Planner

6 Conditions for Tudor Place RPUD I. An Erosion and Sediment Control Plan must be submitted to the office (if required by the E&S Ordinance) and the appropriate fees/bond paid. The following steps shall be followed for the implementation of the E&S plan: a. TWo estimates (on their respective letterheads) from two different contractors for stating the estimated cost of implementation of thee & S according to the approved plan, stating the estimated cost of maintenance of thee & S before, during and after, and the estimated cost of the final stabilization of thee & S Plan as approved by the plan approving authority and these estimates shall be submitted to the Zoning office and the performance guarantee shall be the higher of the two estimates plus 10% for cost overruns and administrative costs. These estimates shall be separate from the road construction performance guarantee estimate. b. The performance guarantee shall be issued to the county and once the performance guarantee is issued to the County and approved by the County and the appropriate fees paid, the Agent shall issue an E & S permit. c. Fees: $300.00/or thefzrstacre and $50.00for each acre after thefzrst acre. Checks shall be made out to: Buckingham County Treasure. d Once the applicant is ready for the implementation of thee & S upon the land, the applicant shall notify the County of the start date and estimated completion date. e. The applicant shall be responsible for any and all E & S implementation, maintenance and final stabilization of thee & S Plan as submitted and approved by the Plan approving authority. f It shall be the responsibility of the applicant to notify the agent upon implementation of the plan is complete upon the land The County shall make every effort to come to the site and inspect and any specification as shown on the approved E & S Plan shall be corrected by the applicant and if the applicant fails to correct any specifications, the agent shall call upon the performance guarantee to hire a contractor to correct any measure. g. During implementation, maintenance and till final stabilization, the applicant shall once a week visually inspect for anyfailures of thee & Sand shall call the agent to notify of such failures and the applicant shall take immediate steps to correct any failures. Failure by the applicant, shall cause the agent to call upon the performance guarantee to correct any failures not corrected by the applicant. h. The applicant shall call the agent once final stabilization has been reached/or inspection by the County Agent. i. Once all requirements and final stabilization is reached the agent shall release the performance guarantee 2. A performance guarantee shall also be posted with the County for the Construction of the Road to meet the requirements of a road under the Zoning and Subdivision Ordinance. The performance guarantee for the road shall follow the estimate plus 10% policy as described for E&S. The construction of the road shall proceed no farther until the E & S is implemented upon the land and the E & S is approved by the Count The County may release the road guarantee when the road has been constructed to the Ordinance standard and has been accepted by VDOT. 3. The final plat shall show adequate easement along any stream, drainage course and other water ways for the purpose of widening, deepening, relocating, improving, or protecting. Such easements shall not be considered part of the required street width. 4. Soil evaluations sheets and plats showing the location of the drain fields shall be submitted showing the land will adequately support the necessary septic tank systems. 5. Well and sewer systems shall be approved by the Virginia Department of Health and all sewer systems must be designed and installed with a 100% reserve. 6. The developer shall be responsible for the erection of the Street signs according to the specifications as specified by our 911 Coordinator. The fee for address markers and street signs shall be $30.00 for each address marker and $ for each Street sign. The fee is to be paid to the Buckingham County Treasure prior to final approval. 7. All fees shall be paid in full before the agent shall be allowed to sign off on the final plat. The minimum fee for a major subdivision is $ plus $50.00 per lot.

7 8. The final plat shall include the statement ''the subdivision of the land described herein is with the free consent and in accordance with the desire of the undersigned owner, proprietors, and trustees." The statement shall be signed by such person and duly acknowledged before an official authorized to take acknowledgments of deeds 9. 'fhe final plat shall show accurate location and dimensions by bearing and distances with all curve data on all lots and streets, boundaries of all proposed or existing easements, minimum building setback lines, area of each designated lot, designated open space, designated recreational space, all existing public streets, their names, numbers and widths, existing utilities, and those to be provided such as sanitary sewers, storm drains, water mains, manholes and underground conduits including their size and type, water courses and their names, names of owners and their property lines, both within the boundary of the subdivision and adjoining said boundaries. 10. In the event that any one or more of the conditions is declared void for any reason whatever, such decision shall not affect the remaining portion of the permit, which shall remain in full force and effect, and for this purpose, the provisions of this are hereby declared to be severable. 11. That all federal, state and local regulations, ordinances and laws be strictly adhered to. 12. The road shall be constructed in three phases and each phase shall be given to VDOT within one year of completion of that phase. a Phase one shall include lots 1-15 with phase one of the road complete prior to issuance of building permit 15 b. Phase two shall include lots with phase two of the road complete prior to issuance of building permit 35 c. Phase three shall include lots with phase three of the road complete prior to issuance of building permit Each dwelling unit shall have a minimum of 500 sq ft of parking. 14. Setbacks from front of property shall be a minimum of35ft from the front property line. 15. The northern most portion of the property identified as lot 43 in the preliminary plat and containing approximately 11 acres shall not be rezoned RPUD but will remain A-1 and have deed restrictions barring further division.

8 Rebecca Cobb From: Sent To: Subject: Ian Jackson Thursday, July 12, 2~12 1:21 PM Rebecca Cobb Re: tudor place Hi Rebecca, Thank you for the information from the County Attorney and Planning Commission. The 15 conditions that have been outlined-we are agreeable. to and more particularly# 15 identifying Lot 43 will remain A1 and will have a Deed Restriction barring further subdivision of this lot. We look forward to our meeting at 7.00 on 16th as a Work Session with the Planning Commission. Regards, Ian On Tue, JuliO, 2012 at 2:20PM, Rebecca Cobb <rcobb@buckinghamcounty.virginia.gov> wrote: Ian, As discussed on the phone, attached is the letter from the County Attorney to myself and the PC. Also attached are the recommendation of conditions. Please respond to both of these no later than Thursday a.m. so that it can be provided to the PC for the work session on July 16th. tet me know if you have any questions. Zoning Administrator I Plan run Buckingham County Administration W. James Andarson Hw.f PO Box 252 Buckingham, VA Ph:

9 Music or Entertainment Festival Ordinance This ordinance is enacted in the interest of the public health, safety, and general welfare to provide for the control and regulation of musical or entertainment festivals conducted of groups or gatherings of persons for the purpose of listening to or participating in such festivals and events. Section 1 - Definitions Board means the Board of Supervisors of Buckingham County, Virginia. Event means any music festival, dance festival, public dance, or similar gathering, at which music may be provided by professional or amateur performers, or by prerecorded means, other than parades authorized by proper governmental authority, to which members of the public are admitted and which is attended by more than 300 persons. Section 2 -Hours of Operation No entertainment, floor show or other event shall take place at an outdoor gathering between the hours of 11:00 p.m. and 8:00 a.m., unless the Board determines that other hours of operation will not constitute a serious disturbance to the residents in the neighborhood of the site of the outdoor gathering. Section 3 -Permit Requirements No person shall stage, promote or conduct any musical, entertainment festival or similar event in the unincorporated areas of the county unless there shall have been first obtained from the board a special entertainment permit for such event. Application for such special entertainment permits shall be in writing and filed with the board at least 60 days before the date of such event. Such applications shall have attached thereto and made a part thereof the plans, statements, approvals and other documents required by this section. Such permit shall not be issued unless.the following conditions are met and the following plans, statements and approvals submitted to the board with the application: Location & Attendance Every permittee must supply the location of the proposed event, the name and address of the owner of the property and the total number of tickets to be offered, if any, and the number of persons expected to be in attendance. Water Supply Every permittee under this article shall provide an ample supply of potable water for drinking and sanitation purposes on the premises of the outdoor gathering. The location, type, and quantity of water facilities on the premises must be approved by the Virginia Department of Health.

10 Restrooms Every permittee under this article shall provide some means of restrooms. Either flush-type water closets or portable chemical toilets may be used. All restrooms must meet the approval of the Virginia Department of Health. Trash Every permittee under this article shall follow the County Solid Waste Ordinance. The pickup and removal of refuse, trash, garbage and rubbish from the site shall be at the permittee's expense. Fire & Medical Every permittee shall plan for adequate fire and medical facilities to include but not limited to parking space designated and kept open for access and travel by ambulance, fire truck, helicopter, and other emergency vehicles to transport patients or staff to appropriate on-site and off-site treatment facilities. Parking & Traffic Control Every permittee under this article shall provide adequate parking space for persons attending the outdoor gathering by motor vehicle. At a minimum, a separate parking space shall be provided for every four persons expected to attend the gathering. A plan for adequate ingress and egress to the outdoor gathering premises including sufficient traffic flow shall be approved by the Sheriff's Office. Food & Concessions If food and concessions will be available then all concessionaires must hold valid permits or licenses, as required by the Virginia Department of Health. Lighting Every permittee under this article planning to conduct a portion of an outdoor gathering after dark, or planning to allow persons attending the outdoor gathering to remain on the premises after dark, shall provide electrical illumination to ensure that those areas which are occupied are lighted at all times. Installation of electrical devices shall be done In conformance with the Virginia Statewide Building Code and may require an electrical permit. The plan shall show the location of lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the event is located. Dust Control A permittee must explain methods of maintaining a clean roadway and dust control measures. All hard surfaced roads must be clear of dirt and debris. Section 4 -Minors No person under the age of 18 years of age shall be admitted to any festival unless accompanied by a parent or legal guardian, the parent or legal guardian to remain with the said minor at all times. Section S -Right of Entry No permit shall be issued under this ordinance unless the applicant agrees to provide the board, its lawful agents, or duly constituted law enforcement officers to go upon the property at any time for the purpose of determining compliance with the provisions of this ordinance. The Board shall have the right

11 to revoke any permit issued under this ordinance upon noncompliance with any of its provisions and conditions. Section 6 - Violations Any person, firm or corporation who violates any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, may be fined up to two thousand five hundred dollars ($2,500). Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this ordinance is committed, continued, or permitted by such persons, firm or corporation and shall be punishable as herein provided. Section 7- Validity It is declared to be the intent of the Board that if any section, subsection, sentence, clause phrase, or portion of this ordinance shall for any reason be held invalid, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and individual provision, and such holding shall not affect the validity of the remaining portions thereof. Section 8- Waivers The Board shall have exclusive power to waive requirements and conditions of this ordinance if deemed excessive or inappropriate for a particular applicant. Section 9 -Effective Date This ordinance shall be effective upon adoption by the Board of Supervisors.

12 Declaration of Polley Noise Ordinance At certain levels, noise can be detrimental to the health, welfare, safety and quality of life of inhabitants of the county, and in the public interest noise should be restricted. It is, therefore, the policy of the county to reduce, and eliminate where possible, excessive noise and related adverse conditions in the community, and to prohibit unnecessary, excessive, harmful and annoying noises from all sources subject to its police power. Nothing in this Ordinance shall be construed to limit, hinder, or in any way interfere with the normal conduct of daily work activity, either commercial or residential. Definitions Agricultural production shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof, used for processing or retail merchandising of such crops, livestock or livestock products. Agricultural products shall mean crops, livestock and livestock products, which shall include, but not be limited to the following: (1) Field crops, including corn, wheat, oats, rye, barley, hay, tobacco, peanuts, potatoes and dry beans; (2) Fruits, including apples, peaches, grapes, cherries and berries; (3) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions; (4) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (5) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, fur-bearing animals, milk, eggs and furs. Emergency work shall mean work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from immediate exposure to a danger, including work performed by public service companies when emergency inspection, repair of facilities, or restoration of services is required for the immediate health, safety or welfare of the community. Noise disturbance shall mean any sound that may cause, or tend to cause, an adverse psychological or physiological effect on human beings or endangers or injures personal or real property. It shall also include those acts specified herein as noise disturbances. Person shall mean any individual, corporation, cooperative, partnership, firm, association, trust, estate, private institution, group, agency or any legal successor, representative, agent or agency thereof. Plainly audible means any sound that can be heard clearly by a person using his or her unaided hearing faculties.

13 Exceptions [The following noises are exempt from the provisions of this ordinance.] (1) The emission of sound for the purpose of alerting persons to the existence of sound in the performance of emergency work; (2) Music, bells, chimes or other sounds which are emanating from a church, temple, synagogue or other place of worship; (3) Radios, sirens, horns and bells on police, fire, or other emergency response vehicles. (4) Parades, fireworks displays, school-related activities, and other such public special events or public activities. (5) Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or person in possession of the premises served by any such alarm to turn off the alarm. (6) Locomotives and other railroad equipment and aircraft (7) Household tools, lawnmowers, and other lawn care equipment with manufacturer's recommended mufflers installed, between 6:00a.m. and 11:00 p.m. (8) The production of agricultural, horticultural and forestall products, including, but not limited to sawmill operations. (9) Noise caused by, or arising out of, activities related to repair, maintenance, replacement or alteration of public utility systems or parts thereof, and appurtenances thereto, where such activity is reasonably necessary to further a public safety interest and/or to minimize disruption in the provision of public services, e.g., water and sewer service. Specific Prohibitions The following acts are declared to be noise disturbances in violation of this article. The acts so specified shall not be deemed to be an exclusive enumeration of those acts which may constitute a noise disturbance. (1} Sounding the horn or warning device of a vehicle, except when necessary as a warning during the operation of the vehicle. {2) Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph or any other device for the production of sound, between the hours of 11:00 p.m. and 7:00a.m. of the following day, at a volume sufficient to be plainly audible across property boundaries or through partitions common to two (2) or more residences within a building. (3) Using a radio receiving set, an audio cassette player, a compact disc player, a loudspeaker, or other device in public for the production of sound in a motor vehicle at a volume sufficient to be plainly audible at one hundred (100) feet from such vehicle.

14 (4) The owning, keeping, or possessing of any animal or animals which howl, bark, meow, or squawk in such a manner as to permit sound to be heard across a property boundary or through partitions common to two (2) dwelling units within a building, and which sound has a duration of a least fifteen (15) consecutive minutes with no pause for greater than five (5) minutes during said fifteen (15) minute period. This subsection shall not apply to any bona fide agricultural activity. No person shall be convicted of a violation of this subsection (4) unless there shall have been before the court competent evidence that the complainant or a law enforcement official or other code enforcement officer had, prior to the issuance of any summons or warrant, requested the abatement of the noise complained of, and that such noise continued at an unlawful level after such request. Penalties A violation of any provision of this article shall constitute a class Ill misdemeanor. Each separate act on the part of the person violating this article shall be deemed a separate offense, and each day a violation is permitted to continue unabated shall constitute a separate offense. Undue hardship waiver (1) Any person responsible for a noise source may apply to the Board of Supervisors for a waiver, or partial waiver, from the provisions of this article. The board of supervisors may grant such waiver, or partial waiver, upon a finding that compliance with the provisions ofthis article from which a waiver is sought would produce serious economic hardship without producing substantial benefit to the public (2) In determining whether to grant such variance, the Board of Supervisors shall consider the time of day the noise will occur, duration of the noise, whether the noise is intermittent or continuous, its extensiveness, the technical and economic feasibility of bringing the noise into conformance with this chapter, and such other matters as are reasonably related to the impact of the noise on the health, safety and welfare of the community, and the degree of hardship that may result from the enforcement of the provisions of this chapter. (3) No waiver or partial waiver, issued pursuant to this article, shall be granted for a period to exceed one {1) year, but any such waiver, or partial waiver may be renewed for successive like periods if the board of supervisors shall find such renewal is justified after again applying the standard set forth in this article. No renewal shall be granted except upon written application submitted thereof. Severability If any provision of this chapter should be determined by a court of competent jurisdiction to be invalid, such determination shall not affect the validity of the remaining provisions of this chapter. The original ordinance was adopted by the Buckingham County Board of Supervisors in December 1990 and any revisions will go into full force and effect upon adoption.