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HomeMy WebLinkAboutSTA200700002 Legacy Document 2012-08-14 (4)STAFF PERSON: Joan McDowell, Principal Planner PLANNING COMMISSION: August 7, 2007 BOARD OF SUPERVISORS: September 19, 2007 ZTA-2007-00003 - Zoning Ordinance; critical slopes; safe and convenient access. Amend Sec. 4.2.3, Location of structures and improvements, Sec. 4.2.4, Location of septic systems, Sec. 4.2.6, Exemptions, and Sec. 4.6.6, Lot access requirements, of Chapter 18, Zoning, of the Albemarle County Code. This ordinance would prohibit the disturbance of slopes of 25% or greater ("critical slopes") in order to establish or maintain a street, driveway, or a yard on a lot in the rural areas zoning district, and would reorganize the section (Sec. 4.2.3); would require that septic systems, including the drain field, be located within the approved building site for the lot and, in the rural areas zoning district, prohibit disturbing critical slopes to establish or maintain a septic system, including the drain field (Sec. 4.2.4); would eliminate for lots within the rural areas zoning district the conditional exemption allowing the disturbance of critical slopes to establish accessways (including streets, driveways and alleys) and stormwater management facilities and the provision allowing such improvements to be located outside of the building site (Sec. 4.2.6); and would establish vehicular access requirements (minimum standards for grade, width, distance from dwelling unit, clear zone) for lots in the rural areas zoning district to assure that safety vehicles have safe and reasonable access to dwelling units (Sec. 4.6.6). STA 2007-00002 - Subdivision Ordinance; family divisions; contour intervals; individual lot grading. Amend Sec. 14-212, Family subdivisions; conditions of approval, Sec. 14-302, Contents of preliminary plat, and Sec. 14-309, Soil evaluations, of Chapter 14, Subdivision of Land, of the Albemarle County Code. This ordinance would require that a lot created by family division be held by a member of the immediate family for 15 years and recordation of a restrictive covenant prohibiting transfer of the lot to a non -family member for such period (Sec. 14-212); would amend the contour intervals at which topography must be shown on a preliminary subdivision plat and require that, in the rural areas zoning district, the preliminary subdivision plat must include the proposed grading showing all individual lot grading, including access, clearing and all other lot improvements (Sec. 14-302); and would require that in the rural areas zoning district, the soil evaluation to determine the suitability of the soil for septic systems with a conventional drain field be conducted within the building site shown on the approved preliminary plat (Sec. 14-309). ORIGIN: Board of Supervisors Resolutions of Intent (Attachments A, B and C). The Resolutions for changes to the Zoning Ordinance (Attachments A and B) were based on a need to direct development away from critical slopes to more suitable terrain in order to protect and conserve critical slopes, public drinking water supplies and flood plain areas, and to reduce soil erosion, sedimentation, water pollution and ZTA 07-03 STA 07-02 PC Report Rev.07/27/07 septic disposal problems associated with the disturbance of critical slopes. In addition, to better protect the public safety, minimum standards for driveways in the Rural Areas zoning district were included to assure that fire and rescue vehicles can safely access a residence. The Board directed that the Subdivision Ordinance be amended to extend the ownership of land conveyed through a family division to a member of the immediate family from the current 2 years to a minimum of 15 years, in order to discourage the transfer of lots created by a family subdivision to someone who is not a member of the immediate family. (Attachment C) PROPOSALS: As directed by the Board of Supervisors, staff has prepared draft zoning ordinance amendments pertaining to critical slopes and safe and convenient access for emergency vehicles. In addition, draft amendments to the subdivision ordinance pertaining to the length of ownership required for ownership of family divisions and regulations pertaining to topography have also been prepared by staff. The major changes from the current regulations are discussed below. ZTA 2007-00003 Critical Slopes and Safe and Convenient Access. (Attachment D) These zoning text amendments incorporate provisions for the protection of critical slopes and provisions for access to Rural Areas zoning district residences by emergency vehicles. • Current - All new subdivisions of parcels are required to contain a minimum 30,000 square foot building site that contains room for a residence and adequate area for two septic drain fields. Among other restrictions, these building sites cannot be located in areas containing critical slopes (25% slopes or greater); however, driveways, streets, and alleys have been exempted from the critical slope restrictions. Although the building sites are required to be shown on the preliminary plats, eventual residence locations are not restricted to the location depicted on the preliminary plat. ZTA 07-03 2 STA 07-02 PC Report Rev.07/27/07 • Proposed - Amendments would remove exclusions for driveways, streets, alleys, and yards in the Rural Areas zoning district from the ordinance; therefore, street, alleys, driveways, and yards could not be constructed or maintained on critical slopes without approval of a waiver or modification. Building sites would continue to not be allowed to disturb critical slopes. Final building sites would be governed by the location shown on the preliminary plats. This provision could have an impact on the ability to exercise full development potential on some parcels. However, application for waivers would be available. Current — Although the Zoning Ordinance requires safe and convenient access for developments requiring site plans, residential structures are not subject to site plan approvals. There are no minimum standards for driveways to residential structures in the Rural Areas Zoning District. • Proposed — Amendments would provide a minimum width of 10 feet and height clearances of 14 feet for vehicular access to a residential dwelling in the Rural Areas Zoning District. In addition, driveways would be required to be within a minimum of 50 feet from the residence. Virginia Department of Transportation standards would be used for grade, as applicable. STA 2007-00002 Subdivision Ordinance: familv divisions: contour intervals: individual lot grading (Attachment E). These subdivision ordinance amendments pertain to the length of immediate family ownership requirements for family divisions. In addition, amendments to the requirements for topography have been included. • Current — The requirements for the Proposed — The amendments would length of time a "member of the require the length of time a member of immediate family" must own the the immediate family owns the subdivided parcel(s) is 0 years prior to property after the family subdivision to the family subdivision and 2 years be extended to 15 years and after the family subdivision. The term recordation of a restrictive covenant "family division" means the single prohibiting transfer to a non - division of property for the purpose of immediate family member within the sale or gift to a member of the time period. No changes have been immediate family of the owner of the proposed to require a specified time of property. The definition for "member ownership prior to the family of immediate family" is "the natural or subdivision. legally defined off -spring, grandchild, grandparent, or parent of the owner of the property." • Current — Topography is required to Proposed — Amendments would be shown at maximum 5 -foot intervals require that contour intervals not and areas with critical slopes are greater than the aerial topography required to be shown on a plat available from the County. This submitted for approval. change allows the use of new technology, as it becomes available. All individual lot grading, including access, clearing, and lot improvements would be required for plats submitted with Rural Areas zoning. ZTA 07-03 3 STA 07-02 PC Report Rev.07/27/07 • Current — Soil evaluations to Proposed — Soil evaluations within the determine the suitability of soil for building sites would be required to be septic systems are required for final shown on approved preliminary plats. plat approvals. PUBLIC PURPOSES TO BE SERVED: ZTA 2007-00003 The Comprehensive Plan states that soil on steep slopes are typically more erodible than in other areas. Disturbances may result in accelerated soil erosion and sedimentation, ground or surface water pollution, landslides, flooding, drainage problems, failed septic systems, construction problems, and unproductive agricultural and forestal lands. STA 2007-00002 The intent of family divisions is to provide a mechanism for division of parcels to support the cohesiveness of families. It is not intended to provide profit -motivated short-term investment purposes, by circumventing the requirements or the ordinance. Extending the length of ownership of land would further the intent of the family divisions. BACKGROUND: Following the Mountain Overlay District (MOD) Committee's presentation of their proposal, the Board of Supervisors and Planning Commission held two public input meetings and three work sessions to discuss issues related to those recommendations. As a result of the public input received, the Board requested that staff present an alternative proposal that would apply some provisions of the MOD Committee's proposal to the entire Rural Areas. That alternative proposal was discussed with the Board at December 13th and January 10th work sessions. At the conclusion of the January 10th work session, the Board directed staff to prepare a summary of the Board's preference with respect to a proposal. The summary was presented to the Board on May 2, 2007, and the Board adopted the Resolutions of Intent (Attachments A, B, and C) to direct staff to draft the ordinance amendments. STAFF COMMENT: ZTA 2007-00003 Staff believes the administrative burden of this provision can be minimal for the County and applicants by providing digital maps depicting critical slopes in the Rural Areas. This mapping has already been prepared and made available to the public using the GIS Web. This amendment may have the impact of reducing development potential of the theoretical development rights. Therefore, nearly 14,000 notices to owners of properties in the Rural Areas zoning district that contain any amount of critical slopes were mailed on July 26. Direct links to a special web page and to property maps were provided, as well as training of several staff members to help with inquiries. ZTA 07-03 4 STA 07-02 PC Report Rev.07/27/07 STA 2007-00002 The Board agreed that requiring the length of immediate family ownership would allow family divisions to remain an option to continue to allow subdivisions that would not have to meet expensive road requirements. No requirements for ownership prior to subdivision would allow new owners the ability to retain family cohesiveness and potentially continue family farming or forestry operations. Requirements to have grading and soil evaluations for septic drain fields on preliminary plats provide assurances that the building sites will meet ordinance regulations. Administration / Review Process: An increase in the number of applications for waivers for roads and driveways across critical slopes is anticipated. In addition, review of grading plans associated with grading plats will require additional time for processing. Housing Affordability: Housing costs may increase due to the increased costs of providing detail plans and surveys with preliminary plats. A grading plan would be upwards of $1,000 and $2,000 might not be unusual for bigger or sites with difficult access. It is anticipated that providing accurate surveys and detailed plans, as well as any additional permit fees, would increase upfront costs to builders. It is also anticipated that all of the builders' costs would be passed on to the future homebuyers. As assessments do not consider the number of theoretical development rights on a property, changes in assessments are not anticipated. However, if a parcel is landlocked due to these regulations, the assessment will be adjusted accordingly. Implications to Staffing / Staffing Costs: At least one additional reviewer/inspector would be needed to review the plans. The costs for the extra staff is discussed in the fee study. It is also anticipated that applications for waivers would increase. STAFF RECOMMENDATION: Staff recommends adoption of the draft ordinances found in Attachments D and E. Attachments: Attachment A: Resolution of Intent Critical Slopes Attachment B: Resolution of Intent Safe and Convenient Access Attachment C: Resolution of Intent Family Divisions Attachment D: ZTA 2007-00003 Draft Zoning Ordinance Text Amendment Attachment E: STA 2007-00002 Draft Subdivision Ordinance Text Amendment ZTA 07-03 cJ STA 07-02 PC Report Rev.07/27/07