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Home My WebLink AboutZTA201300005 Legacy Document 2013-09-18�rRGtNI'' COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2013 -05 Inoperable STAFF: McCulley, Burbage, and Kamptner Vehicles PLANNING COMMISSION DATE: September 17, 2013 SUBJECT /PROPOSAL /REQUEST: Work Session — Discussion on amending County Code § 18- 4.12.3, Prohibited activities in parking, stacking and loading areas BACKGROUND: The regulation of inoperable vehicles in Albemarle County is 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, 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. § 15.2 -905 grants the authority to limit the number of inoperable vehicles kept outside of a fully enclosed building or structure and became effective for Albemarle County on July 1, 2013. To date the Commission has discussed several proposed changes to the County's inoperable vehicle regulations, including: 1) Clarifying vehicle screening standards including: form - fitted vehicle covers, evergreen vegetation, a masonry wall, or a wood fence sufficient to completely screen the vehicle from view at ground level from anywhere outside of the property; and 2) Imposing a one vehicle limit for inoperable vehicles kept outside of a fully enclosed building in residential districts (Phase 1) and on Rural Area lots less than five acres (Phase II); and 3) Permitting one additional inoperable vehicle for up to 180 days if the vehicles are actively being used for restoration or repair and are shielded or screened from view. The provision for an additional vehicle used for restoration or repair is required per Virginia Code § 15.2 -905. At a public hearing on August 6, 2013, staff presented draft ordinance language and recommended phased implementation beginning with the residential districts and incorporating the Rural Areas at a later date (Attachment A). At the public hearing, concerns were raised about the visibility of inoperable vehicles from public roads, even if screened by form - fitted covers or some type of fencing. In response to these concerns, several Commissioners proposed that inoperable vehicles be required to be kept in side or rear yards in addition to meeting the proposed screening standards. After a lengthy discussion, the Planning Commission deferred a decision on the proposed regulations (Attachment B). Staff has since visited a variety of properties in the Development Area to investigate the potential impact of this requirement on tighter sites. DISCUSSION: Limiting the number of inoperable vehicles on residential properties and smaller lots minimizes visual blight on surrounding properties, reduces environmental impacts associated with vehicle storage, and minimizes spillover parking onto public streets. With these purposes in mind, staff requests Planning Commission feedback on the following: 1) Requiring inoperable vehicles to be kept in side or rear yards on a paved surface Staff seeks input on requiring that inoperable vehicles be kept in side or rear yards on a paved surface such as a driveway in addition to being covered or screened. Requiring that vehicles be kept on a paved surface limits their location to an established parking area rather than grass and prevents potentially hazardous fluids from leaking directly onto the ground. Relegating inoperable vehicles to side or rear yards limits their visibility from the street; however, on tighter lots these vehicles could end up being parked much closer to side and rear lot lines of adjacent properties. In addition, staff's research revealed that on many properties in the Development Area, such as those with driveways that end in front of the house or those with double frontage or corner lots, owners may have difficulty complying with this requirement. 2) Allowing form fitted covers Form - fitted vehicle covers provide a low cost option for screening inoperable vehicles. Although six of the Virginia localities researched do not allow the use of covers (Attachment C), prohibiting covers may have the unintended consequence of unsightly fencing or screening being used in lieu of a form - fitted cover. In addition, allowing covers gives those with tight lots or renters who may not have the ability to install a fence or hedge an option for screening their inoperable vehicle(s). 3) 180 days for active vehicle repair or restoration Under Virginia Code § 15.2 -905 the County must allow those actively engaged in vehicle repair or restoration to keep an additional inoperable vehicle on their property, provided that it is covered or screened. Staff has proposed a 180 day limit to allow a reasonable amount of time for an individual working on a car to order and install parts that may be more difficult to obtain. In the event that a complaint is received, the County would require the owner to provide sufficient documentation that he or she is actively working to obtain parts and can repair the vehicle within the required timeframe. The Planning Commission may choose to recommend a shorter timeframe. Anecdotally, staff notes that while many people may claim to be restoring or repairing a vehicle, not all will qualify for this statutory allowance for an additional inoperable vehicle. Furthermore, we note that more valuable vehicles are typically kept indoors during the restoration process. 4) Rural Area lots Since 2007, 52% of inoperable vehicle complaints came from the Rural Area. Of those complaints, 79% came from lots under five acres. In Phase I all Rural Area properties would be subject to the proposed screening standards. The proposed Phase II changes would impose a one vehicle limit only on Rural Area properties under five acres. The intent is to treat smaller residential lots in the Rural Area the same as residential properties within the Development Area where neighbors live in closer proximity to one another. Since the proposed changes are anticipated to increase enforcement activity in the Rural Area, staff recommends that Phase II be deferred until such time that staffing allows us to accommodate the additional workload. The Commission may chose to recommend that the introduction of screening standards in the Rural Area also be delayed until Phase II for several reasons: a) to ensure adequate staffing for enforcement; b) to consider the experience of implementing screening standards in the residential districts; and c) to avoid a one - size - fits -all approach when a different approach may be more appropriate in the Rural Area. RECOMMENDATION: Staff recommends that the Commission provide input on these four focused areas and direct staff to draft ordinance language and set a date for public hearing. ATTACHMENTS: A: Staff Report — Planning Commission Public Hearing, Inoperable Vehicles Amendment, August 6, 2013 B: Action Memo from PC Public Hearing on August 6, 2013 C: Localities Comparison ZTA 2013 -05 Inoperable Vehicles Planning Commission Work Session September 17, 2013