HomeMy WebLinkAboutZTA201100003 Legacy Document 2012-06-25 (2)ZTA 2011 -03 & STA 2011 -01 Special Lots
Attachment B
County of Albemarle
Department of Community Development
Memorandum Revised from 1 -18 -07
To: Interested Parties
From: Amelia McCulley, Zoning Administrator
Division: Zoning and Current Development
Date: February 13, 2007
Subject: Official Zoning Determination — creation of new non - development
special lots
The purpose of this memorandum is to provide an official written zoning determination regarding the
applicability of the zoning district and general regulations to the creation of new special non -
development lots. These lots shall be limited to those created for the following uses: greenways, road
or railroad rights -of -way, central wells and septic systems, stormwater management facilities, public
utilities and cemeteries. The majority of these lots are primarily used for public purposes (such as with
roads and greenways) or for utilities (such as with central well or septic). It is my determination that
these special purpose lots are not lots for the applicability of the zoning district and general
regulations provided that (and as long as) their use is restricted to the non - development use for which
they were created. This zoning determination relates to the lot requirements and does not extend to
use or area and bulk regulations relating to structures located upon these lots. Use of the property
and location of structures on these lots is still subject to applicable zoning regulations.
In our recent comprehensive amendment to the Subdivision Ordinance, provision was made for these
lots. We plan to codify this determination with a zoning text amendment in the near future. These lots
are the same as "non- building lot" as defined in Section 14 -106 of the Subdivision Ordinance as
follows:
Non - building lot: The term "non - building lot" means a lot intended for the following uses: wells,
septic systems (including conventional drain fields), stormwater management facilities, open space,
common area, or pre- existing cemetery, but which does not contain a building site, and need not have a
development right assigned.
In the analysis to formulate this decision, I have considered the purposes and intent of both the
County's comprehensive plan and the zoning ordinance (as set forth in Section 1) and find this
decision to be consistent with them. With regards to the creation of greenways, this decision
encourages and allows the dedication of land for public purposes which might not otherwise be done
due to regulatory conflicts or the loss of rights (such as in the RA with development rights).
Greenways and greenway parcels are similar to public road rights -of -way in several respects. By this
decision, greenway parcels and other non - development special lots may be created without the use of
development rights and without the lot requirements for building site, minimum lot size, frontage and
the like. New greenway parcels may be added to existing greenway parcels to extend the greenway
system in much the same way that right -of -way dedications are done for public roads.
There are also scenarios in which existing special - purpose lots may be reduced in area or eliminated
entirely through boundary line adjustments or the like. For example, an existing railroad right -of -way
which is being abandoned and is no longer in active use, may be added in whole or in part to
ZTA 2011 -03 & STA 2011 -01 Special Lots
Attachment B
adjoining properties. In the case of subdivision improvements such as well lots which may be
abandoned and added to adjoining properties, research will need to be conducted to determine if
amendment to the original subdivision plat is necessary and what form of approval that must take.
This approval is subject to compliance with zoning regulations.
For any new or revised non - development special lot which is shown on a plat, the plat must clearly
state the following:
Lot X is for the express purpose of (an existing cemetery, railroad right -of -way, a new
well lot or a greenway or the like). It does not constitute a development lot under the
Albemarle County Zoning Ordinance; therefore, future use shall be limited to this purpose
without further County approval.
By this decision, the area and bulk regulations such as minimum size, frontage and the like are not
applicable to special non - development lots. In addition, the general regulations requiring a building
site and related utility (well and septic) approvals are also not applicable to special non - development
lots. In the Rural Areas, a development right is not required for the creation of a special non - building
lot. This memorandum is not a determination that existing special non - building lots do or do not have
development rights.
This special - purpose lot shall be limited to that area which is necessary for its express purpose and
shall not be made arbitrarily larger for future purposes. We are particularly concerned about
situations in which the express purpose may no longer be necessary and a future conversion use (for
development) is proposed. If that occurs, additional County approval is required and may include
combining this lot with adjoining property.
If questions arise in the administration of this decision, this decision will be revised to provide
clarification.
Cc: Greg Kamptner, Deputy County Attorney
Mark Graham, Director of Community Development
Wayne Cilimberg, Director of Planning
Pat Mullaney, Director of Parks and Recreation
Rick Carter, Attorney at Law