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Home My WebLink AboutZTA201300005 Legacy Document 2013-10-23COUNTY 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: October 22, 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 kept 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 Development Area 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). Under § 15.2 -905 Albemarle County may limit the number of inoperable vehicles kept on private property, but may not prohibit inoperable vehicles that are kept within a fully enclosed building or are otherwise shielded or screened from view. The Planning Commission discussed this amendment on June 11 (Attachment B), August 3 (Attachment C), and September 17 (Attachments D & E). The general consensus was that in residential districts the number of inoperable vehicles should be limited to one and that screening standards should be established. In addition, the Planning Commission proposed that inoperable vehicles be kept behind the front face of the house to limit their visibility from the street. The Commission favored deferring any changes in the Rural Area until staff has had adequate time to assess the impact of the proposed changes in residential districts. At the September 17th work session, the Commission requested that staff explore the use of drip pans to address the environmental impact of fluids that may leak from an inoperable vehicle. Fluids such as motor oil, gasoline and antifreeze can be hazardous to humans and animals if consumed; therefore, capturing these fluids in a drip pan is not recommended while a vehicle is being stored. Best practices for preventing leaking fluids from contaminating soil and water include either draining fluids or using absorbent materials to capture spills followed by immediate proper disposal. Storage of inoperable vehicles on grass is problematic as leaks can be difficult to monitor. Due to the enforcement challenges posed by requiring such practices, staff does not recommend that they be incorporated into the Zoning Ordinance at this time. A future amendment to the Water Protection Ordinance may be the most appropriate method of addressing this issue. ORIGIN: Board of Supervisors' resolution for zoning text amendment (Attachment F). 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 provided that they are kept behind any face of the house that is oriented toward a street. In addition, the amendment will introduce screening standards for the keeping of inoperable vehicles, requiring that they be screened by a 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 minimizes visual blight on surrounding properties, reduces environmental impacts associated with inoperable vehicle storage, Planning Commission Public Hearing — ZTA 2013 -05 Inoperable Vehicles Page 1 of 3 October 22, 2013 reduces spillover parking onto adjacent roads 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 further restricting the number of inoperable vehicles in residential districts and introducing more stringent screening standards. On average, inoperable vehicles complaints comprise about 20% of the County's code enforcement workload, and 41 percent of those complaints occur in residential districts. Staff anticipates additional complaints could result from heightened public awareness of the change in regulations. STRATEGIC PLAN: Goal 5. Ensure the health and safety of the community. DISCUSSION: The draft ordinance (Attachment G) provides the following: In residential districts, 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 properties in residential districts, one inoperable vehicle may be kept outside of an enclosed building, provided it is covered or screened and kept behind any face of the house that is oriented toward a street. 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. This provision still requires that they are covered or screened and kept behind any face of the house that is oriented toward a street; and that the second vehicle is being used for the restoration or repair. The 180 day period may be extended if the owner can demonstrate that the extension is necessary. 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 double 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 adoption of the ordinance language found in Attachment F. In addition, staff recommends a delayed effective date of January 1, 2014 to give the public adequate time to come into compliance with the new regulations. 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 G. B. Should a Planning Commissioner choose to recommend denial of this Zoning Text Amendment: Move to recommend denial of the draft ordinance in Attachment G. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. Planning Commission Public Hearing — ZTA 2013 -05 Inoperable Vehicles Page 2 of 3 October 22, 2013 Attachments: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Attachment G: Virginia Code § 15.2 -905 Action Memo — Planning Commission Work Session, June 11, 2013 Action Memo — Planning Commission Public Hearing, August 6, 2013 Staff Report — Planning Commission Work Session, September 17, 2013 Action Memo — Planning Commission Work Session, September 17, 2013 Resolution of Intent, MaV 8, 2013 Draft Zoning Ordinance Inoperable Vehicles Amendment Planning Commission Public Hearing — ZTA 2013 -05 Inoperable Vehicles Page 3 of 3 October 22, 2013