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Home My WebLink AboutZTA201300005 Legacy Document 2013-08-27COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2013 -05 Inoperable Vehicles SUBJECT /PROPOSAL /REQUEST: Public Hearing to Amend Code § 18- 4.12.3, Prohibited activities in parking, stacking and loading areas, to Limit the Number of Inoperable Vehicles Kept on Residential Properties and Smaller Lots and Introduce Screening Standards STAFF CONTACT(S): Amanda Burbage, Amelia McCulley, Lisa Green and Greg Kamptner AGENDA DATE: August 6, 2013 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes BACKGROUND: The regulation of inoperable vehicles in Albemarle County is currently addressed in two sections of the County Code: Chapter 9 Motor Vehicles and Traffic and Chapter 18, the Zoning Ordinance. Currently both sections of the County Code allow up to two inoperable vehicles to be stored outside of an enclosed building or structure on any lot, provided that they are shielded or screened from view by covers. In response to concerns raised by neighborhood groups in the County's urban areas about the impacts of storing inoperable vehicles outside, Albemarle County sought the enabling authority to further regulate the keeping of inoperable vehicles under Virginia Code § 15.2 -905 (Attachment A). This enabling authority became effective on July 1, 2013. ORIGIN: Board of Supervisors' resolution for zoning text amendment (Attachment B). At the same meeting, the Board agreed to set the Chapter 9 Motor Vehicles and Traffic regulation amendment for public hearing. PROPOSAL: The proposed zoning ordinance amendment will allow one inoperable vehicle to be kept outside of an enclosed building or structure on residential properties and on Rural Area lots less than five acres. In addition, the amendment will introduce screening standards for the keeping of any inoperable vehicle, requiring that they be screened by a form - fitted cover, masonry wall, wood fence, or evergreen vegetation that sufficiently prevents the vehicle from being visible at ground level from surrounding properties. PUBLIC PURPOSE TO BE SERVED: Limiting the number of inoperable vehicles on residential properties and smaller lots minimizes visual blight on surrounding properties, reduces environmental impacts associated with inoperable vehicle storage, and better preserves quality of life in the County's neighborhoods. ORDINANCE AMENDMENT CRITERIA: Based on prior Board direction, staff reviews ordinance amendment impacts under the following additional criteria: Administration / Review Process: Consistency between the two regulations and clarification of screening standards will improve their administration. Housing Affordability: There is no discernible impact on housing costs. Implications to Staffing / Staffing Costs: If the amendment is adopted, the number of inoperable vehicle violations is anticipated to increase due to increased limitations placed on the permitted number of inoperable vehicles in certain areas and more stringent screening standards. On average, inoperable vehicles complaints comprise about 20% of the County's code enforcement workload. A significant majority of those complaints occur within the areas where the keeping of inoperable vehicles will become more restrictive. In addition, given the increase in complaints following the June 2013 work session, staff anticipates additional complaints will result due to heightened public awareness of the change in regulations. STRATEGIC PLAN: Goal 5. Ensure the health and safety of the community. Planning Commission Public Hearing — ZTA 2013 -05 Inoperable Vehicles August 6, 2013 DISCUSSION: The Commission discussed this amendment in work session on June 11th (Attachments C and D). The general consensus was that the County should limit the number of inoperable vehicles to the extent possible under the state enabling authority and that screening standards should be clarified. After researching the extent of this enabling authority, the County Attorney's office determined that while § 15.2 -905 grants Albemarle County the authority to limit the number of inoperable vehicles kept on private property, it does not grant the ability to prohibit inoperable vehicles if they are kept within a fully enclosed building or otherwise shielded or screened from view. The draft ordinance (Attachment E) provides the following: A definition for "cover or covered" that excludes tarps that are not form - fitted. A definition for "shielded or screened from view" that includes a masonry wall, wood fence, or evergreen vegetation that sufficiently hides the vehicle from view at ground level from surrounding properties. Visibility at ground level is the standard used in the Virginia Code. On Rural Areas parcels five acres or larger, two inoperable vehicles may be kept outside of an enclosed building, provided that they are covered or screened (no change from current regulations). On Rural Area parcels less than five acres and on properties in residential districts, one inoperable vehicle may be kept outside of an enclosed building, provided it is covered or screened. On Rural Area parcels less than five acres and on properties in residential districts, up to two inoperable vehicles may be kept for active vehicle restoration and repair, as enabled by Virginia Code, for up to 180 days provided that they are covered or screened. Licensed businesses regularly engaged in vehicle sales, salvage or repair are exempt per Virginia Code. BUDGET IMPACT: As noted under "Implications to Staffing," we anticipate an increase in enforcement activity resulting from this amendment. Between 2007 and 2012, the County averaged 49 inoperable vehicle violations per year (approximately 4 per month) requiring 8 -10 hours of code enforcement staff time per violation. Code enforcement staff estimates that the proposed changes have the potential to triple the number of violations, an increase in enforcement activity equivalent to an additional 0.5 Full Time Equivalent employee (FTE). Staff is further exploring a ticketing and/ or towing program which could help to streamline the enforcement process and reduce the amount of staff time required to abate each violation. STAFF RECOMMENDATION: Staff recommends a phased approach to adoption of the draft ordinance language found in Attachment E. In phase one, staff proposes changing regulations in the County's residential districts and introducing screening standards. Staff recommends a delayed effective date of January 1, 2014 to give the public adequate time to be informed of and to come into compliance with the new regulations. Staff recommends phasing in the Rural Area regulations at a later date once the County has had time to assess the impact of the first phase of regulations on code enforcement workload. PLANNING COMMISSION MOTION A. Should a Planning Commissioner choose to recommend approval of this Zoning Text Amendment: Move to recommend approval of the draft ordinance in Attachment E. B. Should a Planning Commissioner choose to modify this Zoning Text Amendment: Move to recommend approval of the draft ordinance in Attachment E with modifications noted above. C. Should a Planning Commissioner choose to recommend denial of this Zoning Text Amendment: Move to recommend denial of the draft ordinance in Attachment E. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. Attachments: Attachment A: Virginia Code 15.2 -905 Attachment B: Resolution of Intent, May 8, 2013 Attachment C: Staff Report — Planning Commission Work Session, Inoperable Vehicles Amendment, June 11, 2013 Attachment D: Action Memo from PC Work Session on June 11, 2013 Attachment E: Draft Zoning Ordinance Inoperable Vehicles Amendment Planning Commission Public Hearing — ZTA 2013 -05 Inoperable Vehicles August 6, 2013