Loading...
HomeMy WebLinkAboutZTA200900020 Legacy Document 2010-12-17 (3)COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2009 -20 Regulating the construction of multiple dwellings on a single parcel and STA 2009 -01 Division of land with multiple dwellings. SUBJECT /PROPOSAL /REQUEST: Public hearing to consider the adoption of a Subdivision Ordinance amendment to allow the division of land where multiple dwellings currently exist without requiring frontage or street approval and the adoption of a Zoning Ordinance amendment to limit the construction of multiple dwellings on existing lots unless the lot has public street frontage. STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Kamptner, Graham, and Fritz LEGAL REVIEW: Yes AGENDA DATE: February 10, 2010 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On November 4, 2009, the Board of Supervisors held a work session on vehicular access issues that arose out of an appeal to the Board of staff's disapproval of a family subdivision. The parcel proposed for division was already developed with two houses, as allowed under current zoning regulations, and was served by an access easement that was shared with several other parcels. The access easement had never been approved as a private street and in order to be approved as a private street, it had to be included as part of the family subdivision which, in turn, would require the consent of all of the owners of the parcels over which the access easement crossed. In addition, the existing entrance of the access easement did not meet VDOT sight distance standards and the applicant did not control the land necessary to provide adequate sight distance to meet VDOT requirements, and the landowner having control was unwilling to grant the sight distance easement. The applicant requested that the Board defer action on the appeal to allow staff to identify possible solutions that would permit approval of the subdivision. Several solutions were presented to the Board at the November 4, 2009 work session, and the Board directed staff to return to the Board with resolutions of intent to: (1) amend the Zoning Ordinance so that only one dwelling unit per lot is permitted unless the lot has public street frontage; and (2) amend the Subdivision Ordinance so that parcels having multiple dwellings as of a specific date may be divided so that each dwelling unit is on a separate parcel without the need for private street or VDOT approval. The Board of Supervisors adopted the resolutions of intent to amend the ordinances at its meeting on December 2, 2009. On January 12, 2010, the Planning Commission held a public hearing on the proposed amendments and recommended adoption of the proposed amendments by a vote of 7:0. STRATEGIC PLAN: Goal 4: Effectively Manage Growth and Development DISCUSSION: Amendment to the Zoning Ordinance The Zoning Ordinance currently permits the construction of two dwellings on a parcel without any approval other than a building permit. The building permit is issued if all requirements of the Zoning Ordinance and the Building Code are satisfied. The requirements of the Zoning Ordinance include, but are not limited to: setbacks, density, available development rights, adequate building site and health department approval. No review occurs to insure that the lot has public or private street frontage or if the existing entrance is adequate to serve an additional dwelling. This may result in the second dwelling being established on a parcel even though the parcel may not be the minimum requirements necessary to be divided in the future because, for example, the entrance may be inadequate for a subdivision, or private street or public street approval may be required. In those examples, obtaining an adequate entrance or street approval may require obtaining land or easements or the consent of other landowners, which is not under the control of the applicant, making approval of the subdivision impossible. AGENDA TITLE: ZTA 2009 -20 Regulating the construction of multiple dwellings on a single parcel and STA 2009 -01 Division of land with multiple dwellings February 10, 2010 Page 2 The proposed zoning text amendment would amend County Code § 18 -32.2 to require a site plan in order to establish more than one dwelling unit on a lot that does not have public street frontage. Site plan review is very similar to subdivision plat review in that both reviews assure that the requirements of the County's development regulations are addressed and necessary improvements are installed. The key difference is that a site plan does not result in the parcel being divided. Site plan review of a parcel proposed to have two or more dwellings but which does not have public street frontage would assure that, in the absence of public street frontage, the parcel would be served by an access road approved by the County that complies with the County's applicable design and construction standards and that the entrance onto a public street satisfies VDOT's entrance requirements. This process would assure that, if two or more dwellings are established on the parcel, the parcel could be later subdivided to put one dwelling on each lot because the access road would be eligible to be approved as a private street at that time. The construction of multiple dwellings on a single parcel is not prohibited by this amendment. This amendment would not affect parcels that have public street frontage. In order to construct multiple dwellings on a parcel not having public street frontage, the applicant would be required to submit and obtain approval of a site plan (or site plan waiver) and /or obtain approval of a private street. This process would allow for an adequate review to insure that the property could reasonably be divided in the future. Alternatively, the applicant could subdivide the property and place one (1) dwelling on each parcel. Amendment to the Subdivision Ordinance Some parcels throughout the County currently have more than one dwelling unit located on them. Some of those second dwellings may have been built for family members, or simply as rental units. Due to changing circumstances or desires of the owners, some of them may now want to sell instead of rent these dwellings. In order to do so, the parcel must be subdivided. However, the subdivision may not be feasible because the lot is served by an access easement that is neither an approved public nor private street under the Subdivision Ordinance. In order for the subdivision to be approved, this access easement must be approved as either a private or public street. This requires consent from all of the landowners whose parcels are crossed by the access easement. This may not be possible for several reasons, including the lien holder of a parcel not wanting to grant any additional easements despite the fact the landowner is willing to grant the easement. The land use impacts of a rental or for sale unit are identical. No change in access or number of units occurs. The proposed subdivision text amendment would amend County Code §§ 14 -316, 14 -400, 14 -403 and 14 -404 to exempt those existing parcels with two or more dwellings on them as of October 14, 2009 from the lot access and street frontage requirements when they are subdivided. October 14, 2009 is the date suggested by the Board at its November work session, which was the date the Board was scheduled to consider the appeal that led to these text amendments. These amendments would allow for the division of property that has already been developed without creating any additional impacts. The amendments would also require that any plan to construct multiple dwellings on a single parcel take into account the potential impacts generated by the additional dwellings. BUDGET IMPACT: Staff does not anticipate that these text amendments would result in changes to funding or staff needed for review of subdivisions. RECOMMENDATIONS: Staff recommends that, after the public hearing, the Board adopt the attached proposed ordinances. ATTACHMENTS A — Proposed Subdivision Ordinance B — Proposed Zoning Ordinance