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HomeMy WebLinkAboutZTA200900020 Legacy Document 2010-12-17 (4)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: Amend the subdivision ordinance to allow division of land where multiple dwellings currently exist without requiring frontage or street approval. Also, to limit the construction of multiple dwellings on existing lots unless the lot has public street frontage. STAFF CONTACT(S): Messrs. Kamptner and Fritz LEGAL REVIEW: No AGENDA DATE: January 12, 2010 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: X 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 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 public street, it had to be included as part of the family subdivision, for which the consent of all of the owners of the parcels over which the access easement crossed was required. 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, 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 and Zoning Ordinances so that parcels having multiple dwellings as of a set 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 approved the resolutions of intent to amend the ordinances at its meeting on December 2, 2009. STRATEGIC PLAN: Goal 4: Effectively Manage Growth and Development DISCUSSION: Amendment to the Zoning Ordinance Currently the ordinance permits the construction of two dwellings on a parcel without anything other than a building permit. The building permit will be issued if all requirements of the ordinance are met such as but not limited to: setbacks, density, available development rights, adequate building site and health department approval. The second dwelling may be placed on a property in a manner that does not allow the property to be divided in the future. For example, the entrance may be inadequate for a subdivision. Private street or public street approval may be required. Obtaining an adequate entrance or street approval may require obtaining land or easements which is not under the control of the applicant making approval of the subdivision impossible. The intent of the amendment to the Zoning Ordinance is to prevent the construction of multiple dwellings on a parcel that may not be subdivided. The construction of multiple dwellings on a single parcel is not prohibited by this amendment. This amendment does not affect parcels that have public street frontage. In order to construct multiple dwellings on a property not having public street frontage the applicant will be required to submit and obtain approval of a site plan (or site plan waiver). This process will 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 Properties throughout the County currently have more than one dwelling unit located on them. Some of these second homes may have been built for family members or simply as rental units. Due to changing circumstances or desires of the owners, they now want to sell instead of rent these dwellings. In order to do so the property must be subdivided. However, the subdivision may not be feasible because the lot is served by a private driveway. In order for the subdivision to be approved this driveway must be approved as either a private or public street. This would require consent from all the property owners crossed by the driveway. This may not be possible for any number of reasons including something as simple as the lien holder of a property not wanting to grant any additional easements despite the fact the property owner 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. Therefore, staff is recommending that the ordinance be permitted to allow the division of property having two (2) or more dwellings as of October 14, 2009 without requiring frontage, and /or VDOT approval. BUDGET IMPACT: Staff does not anticipate that these text amendments would result in changes to funding or staff needed for review of subdivisions. RECOMMENDATIONS: These amendments will allow for the division of property that has already been developed without creating any additional impacts. The amendments will also require that the construction of multiple dwellings on a single parcel takes into account the potential impacts generated by the additional dwellings. ATTACHMENTS: Attachment A - Subdivision Ordinance Text Attachment B - Zoning Ordinance Text ORDINANCE NO. 10 -14( ) AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, ARTICLE III, SUBDIVISION PLAT REQUIREMENTS AND DOCUMENTS TO BE SUBMITTED, AND ARTICLE IV, ON -SITE IMPROVEMENTS AND DESIGN, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 14, Subdivision of Land, Article III, Subdivision Plat Requirements and Documents to be Submitted, and Article IV, On -Site Improvements and Design, is hereby amended and reordained as follows: By Amending: Sec. 14 -316 Approval of entrance onto public streets Sec. 14 -400 Minimum lot requirements Sec. 14 -403 Lot frontage Sec. 14 -404 Lot location to allow access from lot onto street or shared driveway Chapter 14. Subdivision of Land Article III. Subdivision Plat Requirements and Documents to be Submitted Sec. 14 -316 Approval of entrance onto public streets. The subdivider shall submit, prior to or with the final plat, evidence satisfactory to the agent that the entrance of the principal means of access for each lot onto any existing or proposed public street complies with Virginia Department of Transportation standards provided that this requirement shall not apply to any subdivision of a parcel where two (2) or more dwellings existed on the parcel on October 14, 2009 and one existing dwelling would be located on each lot created. (Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05) Article IV. On -Site Improvements and Design Sec. 14 -400 Minimum lot requirements. Each lot within a subdivision shall satisfy the minimum lot requirements established in the zoning ordinance provided that no street frontage or lot access requirement shall apply to any lot that would be created from the subdivision of a parcel where two (21 or more dwellings existed on the parcel on October 14, 2009 and one existing dwelling would be located on each lot created. (§ 18 -29 (part), 9 -5 -96, 8- 28 -74; § 18 -34 (part), 9 -5 -96, 8- 28 -74; 1988 Code, §§ 18 -29, 18 -34; Ord. 98 -A(1), 8 -5 -98, § 14 -500; Ord. 02- 14(1), 2 -6 -02; Ord. 05- 14(1), 4- 20 -05, effective 6 -20- 05) State law reference - -Va. Code §§ 15.2 - 2241(3). Sec. 14 -403 Lot frontage. Each lot within a subdivision shall have frontage on an existing or proposed street provided that this requirement shall not apply to any lot that would be created from the subdivision of a parcel where two (2) or more dwellings existed on the parcel on October 14, 2009 and one existing dwelling would be located on each lot created. (§ 18 -30 (part), 9 -5 -96, 8- 28 -74; § 18 -36, 9 -5 -96, 8- 28 -74; 1988 Code, §§ 18 -30, 18 -36; Ord. 98 -A(1), 8 -5 -98, § 14 -504; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05) State law reference - -Va. Code § 15.2 -2241 (3). Sec. 14 -404 Lot location to allow access from lot onto street or shared driveway. Each lot within a subdivision shall be located as follows: A. Single point of access required. Each lot, other than a corner lot within the development areas, shall have reasonable access to the building site from only one street, shared driveway or alley established at the same time as the subdivision; provided that, if the subdivision is in the rural areas, each lot created from the subsequent division of any lot within the subdivision shall enter only onto such street(s) established at the same time as the original subdivision and shall have no immediate access onto any other public street. B. Conditions when single point of access not required. Notwithstanding subsection (A), a lot may be located so that it has reasonable access to the building site from a public street abutting the subdivision if: (i) the agent approves a waiver under subsection (C); (ii) the subdivider obtains an entrance permit from the Virginia Department of Transportation for the access; (iii) the entrance complies with the design standards set forth in sections 14- 410(F) and 14- 410(G); and (iv) the subdivider demonstrates to the agent prior to approval of the final plat that the waiver does not violate any covenants to be recorded for the subdivision. C. Lots exempt from requirements of subsections (A) and (B). The requirements of subsections (A) and (B) shall not apply to the subdivision of a parcel where two (2) or more dwellings existed on the parcel on October 14. 2009 and one existing dwelling would be located on each lot created. GD. Standards for waiver. The requirements of subsection (A) may be waived by the agent as provided in section 14- 224.1. A request for a waiver may be made prior to or with submittal of a preliminary or final plat, as follows: Information to be submitted. A request shall include a justification for the waiver and a conceptual plan. The conceptual plan shall: (i) be drawn at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property or an alternative scale approved by the agent; (ii) show the topography of the property at the best interval available from the County including delineation of proposed building sites; (iii) show the locations of streams, stream buffers, critical slopes, floodplains, and known wetlands; and (v) show the proposed layout of lots, location of existing features such as buildings, fences, drainfields, existing driveways or other access ways, or other significant features. 2. Consideration and findings. In reviewing a waiver request, the agent shall consider whether: (i) installing a single point of access would substantially impact environmental resources such as streams, stream buffers, critical slopes, and floodplain; (ii) construction of a single point of access would substantially impact features existing on the property prior to October 14, 2009; (iii) granting the waiver would contribute to maintaining an agricultural or forestal use of the property; and (iv) granting the waiver would facilitate development of areas identified in the open space plan as containing significant resources. In approving a waiver, the agent shall find that requiring the extension would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto. DE. Terms defined. For purposes of this section, the term "reasonable access" means a location for a driveway or, if a driveway location is not provided, a location for a suitable foot path from the parking spaces required by the zoning ordinance to the building site; the term "within the subdivision" means within the exterior boundary lines of the lands being divided. (§ 18 -36 (part), 9 -5 -96, 8- 28 -74; § 18 -39 (part), 9 -5 -96, 10- 19 -77, 5- 10 -77, 8- 28 -74; 1988 Code, §§ 18 -36, 18 -39; Ord. 98 -A(1), 8 -5 -98, §§ 14- 500(C), 14 -505; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05; Ord. 09- 14(2), 10- 14 -09) State law reference - -Va. Code § 15.2 -2241 (5). I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Snow Mr. Thomas ORDINANCE NO. 10 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article IV, Procedure, of the Code of the County of Albemarle is amended and reordained as follows: By Amending: Sec. 32.2 When site plan is required; waiver of drawing of site plan Chapter 18. Zoning Article IV. Procedure =Sec. 32.2 When site plan is required; waiver of drawing of site plan A site plan meeting the requirements of section 32 and all other applicable regulations shall be required as follows: a. When required. A site plan shall be required for any construction, use, change in use or other development in all zoning districts; provided that no site plan shall be required for the following: The construction or location of any single - family detached dwelling on a lot on which not more than two (2) dwellings are located or proposed to be located if the lot has public street frontage, or the construction or location of one (1) dwelling unit on a lot that does not have public street frontage. 2. The construction or location of a two - family dwelling on any lot not occupied by any other dwellings. 3. Any structure that is accessory to a single - family detached or two - family dwelling. 4. Any agricultural activity except as otherwise provided in section 5. 5. Any change in or expansion of a use provided that: (i) the change or expansion does not require additional parking under section 4.12 of this chapter; (ii) no additional ingress /egress or alteration of existing ingress /egress is required by the Virginia Department of Transportation based on the intensification of the use; and (iii) no additional ingress /egress or the alteration of existing ingress /egress is proposed by the developer. (32.2.1, 1980) b. Waiver of certain details of site plan by the commission. After providing notice as provided by section 32.4.2.5, the commission may waive certain details of a site plan otherwise required by sections 32.5 and 32.6 in a particular case upon a finding that the details waived would not forward the purposes of this chapter or otherwise serve the public interest; provided that no such waiver shall be made until the commission has considered the recommendation of the agent. The agent may recommend approval, approval with conditions, or denial of the waiver. If the agent recommends approval of the waiver with conditions, he shall state the relationship of the recommended condition to the provisions of this section. No condition shall be imposed which could not be imposed through the application of the regulations of section 32. The waiver shall identify the details otherwise required by sections 32.5 and 32.6 that are waived. (32.2.2, 1980; Amended 5 -1 -87) C. Waiver of certain details of site plan by the agent. In accordance with the procedures stated in section 2.5 of this chapter, the agent may waive certain details of a site plan otherwise required by sections 32.5 and 32.6 if: (i) the site review committee finds that all of the details required by sections 32.5 and 32.6 are not necessary for its review of the proposed development; and (ii) the zoning administrator, in consultation with the county engineer and the manager of zoning enforcement, finds that the details waived are not necessary to determine that the site is developed in compliance with this chapter and all other applicable regulations. The waiver shall identify the details otherwise required by sections 32.5 and 32.6 that are waived. (12- 10 -80, § § 32.2, 32.2.1, 32.2.2; 5 -1 -87; Ord. 09 -18 (1) , 1- 14 -09, § 32.2) I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Aye Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Snow Mr. Thomas Clerk, Board of County Supervisors