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Home My WebLink AboutZTA201400002 Executive Summary�rRGtNI'' COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2014 -02 Miscellaneous Administrative Amendments SU BJ ECT /PROPOSAL /REQU EST: Work Session — Discussion about amending County Code §18 (Zoning Ordinance) for Miscellaneous Administrative Updates, Corrections and Clarifications STAFF CONTACT(S): McCulley, Burbage and Kamptner AGENDA DATE: April 15, 2014 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: PUBLIC PURPOSE TO BE SERVED: 1) To update regulations based on Virginia Code requirements and other changes; 2) To further clarify problematic or conflicting regulations; and 3) To reformat for consistency and clarity. These amendments are expected to not only improve the administration of these Zoning regulations for staff, but also to provide more clarity for the public. BACKGROUND: The Commission adopted a resolution of intent for these amendments on March 18, 2014 (Attachment A). It is important for us to review the Zoning regulations on a fairly regular basis for accuracy, consistency and clarity. Changes to Virginia Code, to case law, to agency names and to practice, should be properly reflected in our regulations. Zoning text amendments, particularly those changing section numbers or references, often result in cross - references that are outdated. Names for various uses have changed over time and need to be updated and made consistent. For example, the Ordinance refers to both the older term "automobile laundry" and the more common current term "car wash" for the same use. Regulations which create an unintended conflicting or unexplained result need resolution. An example of this conflict is the current higher sound standard (lower maximum sound level allowance than the ordinance standard) for soundproofed confinements at commercial kennels than for nonsoundproofed confinements. There are two guiding principles by which staff is bringing this set of amendments forward: 1) these are not substantive policy amendments but are to better clarify existing policy or regulation; and 2) these are not to include amendments that are pending and /or will be pursued comprehensively. An example under #2 relates to the fact that we are intending to undertake a major overhaul of the commercial district use provisions to broaden use categories. This will be similar to what was done with the industrial districts and will involve a great deal of public input as well as extensive research. Therefore for example, while we wish to correct some of the issues with the multitude of commercial use category different and /or outdated names for the same use, that work will be deferred to be included with the commercial district amendments. These commercial amendments are prioritized to be undertaken once we have established provisions that implement the Comprehensive Plan. DISCUSSION: A listing of the proposed amendments is found on Attachment B. Because the majority of these are housekeeping in nature, staff is highlighting only three for focused discussion. For Focused Discussion: 1. Location of a Additional Dwelling Unit(s) on a Residentially -Zoned Parcel: Generally, many development regulations require that construction of multiple dwellings on a parcel comply with the applicable Zoning and Subdivision regulations so they can be subdivided. Subdivision may not always be anticipated in the near term with construction of a 2" dwelling, but it often becomes either a choice or something required by a lending institution. The Zoning Ordinance requires a site plan for the location of three (3) or more dwellings on one parcel that has public street frontage or for the location of a 2nd dwelling unit on a lot that does not have public road frontage ( §32.2 a). A 2nd dwelling unit is permitted without a site plan on a lot that has public road frontage. The site plan for this use (more than one dwelling on a parcel) is primarily an illustration that the property can be subdivided. In the case of multiple parcels on a private road, the site plan can also involve review of that road for maintenance and construction standards. The location of more than one dwelling must comply with density (minimum lot area) and other applicable requirements (Attachment C). For example, in the Rural Areas, in order to build a 2nd dwelling unit, the lot must have either a minimum of a) four (4) acres and two (2) development rights or b) twenty -three (23) acres and one (1) development right. {A development right is required for each lot and /or for each dwelling that is under 21 acres.} There is currently a conflict in how this situation is treated within the Zoning regulations (Attachment C). The Rural Areas district includes language which allows detached single family dwellings and rental dwellings /cottages, provided each dwelling meets yard, area and other requirements ( §10.4 Area and Bulk regulations). The residential districts have slightly different language and the provision that yard, area and other requirements be met for rental units. We recommend utilizing standard language whether for the RA or a Residential district. In addition, the reference to "rental" units is an older provision that is no longer a valid land use distinction. With the exception of accessory apartments, all dwellings have associated land use impacts that don't necessarily vary based on whether they are rental or not. The purpose of this discussion is to determine how far someone must go in complying with the Zoning and subdivision regulations when they are not subdividing but are seeking a building permit for a new dwelling on property occupied by at least one dwelling. Staff recommends that requirements extend to the building site, lot area and setbacks for the new and existing dwellings as they were located on a separate lot from the existing dwelling. In the typical residential case, the parcel will not have adequate public road frontage for each dwelling. Therefore, subdivision approval would involve a private street (common driveway) to serve both dwellings. Staff suggests that going as far as requiring this approval would be premature and over - reaching. 2. Revise Regulations relating to Swim, Golf and Tennis Clubs: § 5.1.16 of the Zoning Ordinance states: 5.1.16 SWIMMING, GOLF, TENNIS CLUBS Each swimming, golf or tennis club shall be subject to the following: a. The swimming pool, including the apron, filtering and pumping equipment, and any buildings, shall be at least seventy -five (75) feet from the nearest property line and at least one hundred twenty -five (125) feet from any existing dwelling on an adjoining property, except that, where the lot upon which it is located abuts land in a commercial or industrial district, the pool may be constructed no less than twenty -five (25) feet from the nearest property line of such land in a commercial or industrial district; b. When the lot on which any such pool is located abuts the rear or side line of, or is across the street from, any residential district, a substantial, sightly wall, fence, or shrubbery shall be erected or planted, so as to screen effectively said pool from view from the nearest property in such residential district; c. (Repealed 6- 14 -00) d. The board of supervisors may, for the protection of the health, safety, morals and general welfare of the community, require such additional conditions as it deems necessary, including but not limited to provisions for additional fencing and /or planting or other landscaping, additional setback from property lines, additional parking space, location and arrangement of lighting, and other reasonable requirements; e. Provision for concessions for the serving of food, refreshments or entertainment for club members and guests may be permitted under special use permit procedures. ZTA 2014 -02 Miscellaneous Administrative Amendments April 15, 2014 This supplementary regulation includes provisions that relate only to swimming pools (a and b or 2 of the 4 regulations). Because the section heading includes the other two uses, it becomes problematic as to what applies to which uses. Staff has not researched whether the regulation relating increased setbacks associated with pools remains relevant today. Because these regulations are within §5, a special exception is available for modification. If the Commission finds that this provision warrants further study, staff will conduct research. One of the regulations that applies to all three (3) uses, (e), is not practical nor is it necessary. A concession stand associated with one of these uses shouldn't rise to the level of a separate special use permit review. Entertainment is limited to that which is accessory to the primary use. In addition, the noise impacts are addressed because it is subject to the noise ordinance. Summary: If the Commission has questions relating to the amendments in the attached narrative, please let us know. For those that relate to specific VA Code provisions, those are found together in Attachment D. BUDGET IMPACT: There is no additional staffing or budget impact expected from these amendments. To the extent that they update and clarify existing regulations, they will save some time. RECOMMENDATION: Staff recommends that the Commission provide input on these focused areas and direct staff to draft Ordinance language and set a date for public hearing as soon as practical. ATTACHMENTS: A: Resolution of Intent B: Narrative List of Miscellaneous Amendments C: Location of an Additional Dwelling when One Exists on a Parcel — Relevant Regulations D: Various Relevant VA Code Provisions ZTA 2014 -02 Miscellaneous Administrative Amendments April 15, 2014