HomeMy WebLinkAboutSTA201200002 Legacy Document 2013-12-02COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
STA 2012-02 Process Changes
SU BJ ECT/PROPOSAL/REQU EST:
Subdivision Ordinance changes in procedure and
amendments to organization and address changes
in the State Code.
STAFF CONTACT(S):
Mssrs. Fritz and Kamptner
PRESENTER (S):
Bill Fritz
LEGAL REVIEW:
AGENDA DATE:
October 9, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND:
In December 2011 the Board of Supervisors adopted a resolution of intent to amend both the zoning and subdivision
ordinances to "improve the quality and efficiency in the application and review process". The changes to the Zoning
Ordinance were adopted in 2012. Those changes affected the review process for site plans. The current subdivision text
amendment is to implement in the subdivision ordinance procedures similar to those adopted in the zoning ordinance. At
the time of adoption of the zoning ordinance changes staff stated that there would be a delay in bringing forward the
changes to the subdivision ordinance. This delay was to allow for implementation of the site plan process and to allow for
an opportunity to identify any problems or difficulties with the new administrative procedure.
STRATEGIC PLAN:
3. Encourage a diverse and vibrant local economy
DISCUSSION:
The major changes in the proposed ordinance include:
- Provide for an administrative review process solely by the agent.
- Establish that any comment not responded to within 6 months deems the project withdrawn.
- Use language similar to that used in the Zoning Ordinance.
- Update the terminology and standards to be consistent with state enabling authority.
- Simplifies 2 lot divisions in the Development Areas and subdivisions occurring after site plan approval.
Provide for an administrative review process solely by the agent.
Under the current regulations, most subdivision plats are reviewed and acted upon by the site plan agent. However,
abutting landowners and members of the Planning Commission and the Board of Supervisors may "call up" some
types of plats for review and action by the Planning Commission. Because the review and approval of subdivision plats
is ministerial in nature, subdivision plats that satisfy the minimum requirements of the County's subdivision regulations
and other applicable regulations must be approved. Given the ministerial nature of subdivision plats, this process has
extended the time for subdivision plat review and increased the cost to both the applicant and County but has not
brought corresponding value to the process. The application fee for a subdivision reviewed by the Planning
Commission is approximately $1,000 more than the cost of the application for an administratively reviewed
subdivision. The application fee does not cover the entire cost of review. The ordinance will provide that all
subdivision plats will be reviewed and administered by the agent and subdivision plats will no longer be able to be
called up to the Planning Commission for review and action. However, the agent's decisions will continue to be
appealable by the applicant to the Planning Commission and thereafter to the Board of Supervisors. This change
should reduce the time required to process an application and reduce the Planning Commission's workload and allow
it more time to spend on other planning and zoning matters.
The ordinance will continue the current requirement that staff provide notice to abutting landowners that a preliminary
subdivision plat for the abutting site has been submitted and allow them to attend the site review committee meeting
and submit comments.
Establish that any comment not responded to within 6 months deems the project withdrawn.
Revisions to a subdivision plat that are received long after staff comments have been made requires considerable
time for staff to refamiliarize themselves with the project. In addition, the project may need to essentially be re-
reviewed in order to ensure that no regulatory changes have occurred since the comments were provided. Only a
minimal fee is required for re -activating a project. The proposed ordinance provides the failure of a developer to
submit a revised subdivision plat in response to staff comments within 6 months after the comments are provided will
cause the subdivision plat to be deemed withdrawn. This change will allow staff to be more efficient in reviewing
projects.
Use language similar to that used in the Zoning Ordinance.
The state enabling authority for subdivision plats is, for the most part, identical to the state enabling authority for site
plans. Enhancing the commonality between the site plan regulations and the Subdivision Ordinance will make the
regulations of both ordinances easier for staff to administer and for the development community and the public to
understand and follow. The ordinance proposes processes similar to that used for site plans including the requirement
of submitting preliminary plats prior to final plats for larger subdivisions.
Update the terminology and standards to be consistent with state enabling authority.
The ordinance updates the terminology and standards to ensure that the subdivision plat regulations are consistent
with state enabling authority. These changes are technical in nature and are required to be in compliance with the
state code. The proposed ordinance also contains language necessary to implement the Dam Break Inundation
Zones requirements contained in the State Code and proposed with ZTA 2013-3 which is being heard at the same
time as this subdivision text amendment.
Simplifies 2 lot divisions in the Development Areas and subdivisions occurring after site plan approval.
Currently any division in the Development Areas, other than family divisions and special lots, requires the application to
be reviewed by the Site Review Committee and they are eligible to appeal to the Planning Commission. However, in
the Rural Areas two lot divisions have always been reviewed and approved administratively. Divisions creating two
lots do not have the complexity of larger divisions and staff can identify no justification for treating two lot divisions in
the development area the same as larger subdivisions. Subdivisions that occur after site plan approval currently
require a full review including submittal to the site review committee. These plats typically divide multi -family units
shown on a site plan onto individual lots for sale or divide commercial developments into blocks corresponding to the
site plan layout. The current review process for these plats mimics the work done during the approval process for the
site plan. This duplication of effort is not an efficient use of County resources and does not, in the opinion of staff,
result in a higher quality of review than would occur from the proposed streamlined process. Staff is recommending
that two lot divisions and subdivisions occurring after site plan approval be reviewed administratively without referral to
the site review committee.
BUDGET IMPACT:
Staff does not anticipate that this ordinance will result in the need for additional staff or funding.
RECOMMENDATIONS:
Staff recommends adoption of the attached ordinance.
ATTACHMENTS:
Attachment A — Resolution of Intent for process improvements
Attachment B — Resolution of Intent for dam break inundation zones
Attachment C — Proposed Subdivision Ordinance