CITY OF CHARLOTTESVILLE, VIRGINIA
                  CITY COUNCIL AGENDA



  Agenda Date:      July 18, 2022

  Action            Approval of resolution
  Required:

  Presenter:        Lisa Robertson, City Attorney

  Staff             Maxicelia Robinson, Deputy Clerk of Council
  Contacts:         Kyna Thomas, Clerk of Council

  Title:            Reconstituting the Charlottesville Planning Commission to
                    Achieve Staggered Terms (1 reading)


Background
State law establishes certain parameters to be satisfied by a locality when appointing
individuals to serve as Planning Commission (“PC”) members. Within Virginia Code
§15.2-2212 the General Assembly specifies that (i) all PC members must be residents
of the City, (ii) all must be qualified by knowledge and experience to make decisions on
questions of community growth and development; (iii) at least one-half of the
membership (i.e., 4 members) must be owners of real property.

When the membership of a PC is first appointed, the individuals appointed serve
respectively for terms of one year, two years, three years and four years, divided
equally or as nearly equally as possible between the membership. Subsequent
individuals appointed to those “seats” then serve four-year terms. If done correctly, the
terms will remain staggered so that a commission will never have more than one or two
terms expire in any given year.

Discussion
On August 31, 2022 five of seven seats on the Planning Commission will expire. This
situation is out of sync with the requirements of Virginia Code §15.2-2212. Staff
proposes that City Council take formal action, by resolution, to reconfigure and
reconstitute the membership, as if Council were filling each of the seats on the
Commission for the first time. This will require three of the five seats to be filled for a
short “Interim Term”. Upon the expiration of the Interim Term, each subsequent
appointment to that seat (whether an incumbent, or a different individual) will be for a
term of four years, which will always expire on August 31, regardless of the date on
which an appointee’s term commences.
Alignment with City Council's Vision and Strategic Plan
N/A

Community Engagement
None required

Budgetary Impact
None

Recommendation
Approval.
Suggested motion: "I MOVE the RESOLUTION Reconstituting the Charlottesville
Planning Commission and appointing or reappointing its members for staggered
terms"

Alternatives
Approval of the resolution is required in order to comply with state law and the City's
zoning ordinance.

Attachments
1.   RESOLUTION for PC Staggered Terms