HomeMy WebLinkAboutZTA201100003 Legacy Document 2011-06-29 (4)STAFF: Amelia McCulley
PLANNING COMMISSION: May 10, 2011
BOARD OF SUPERVISORS: June 8, 2011
ZTA: 2011 -03 Exemptions for Creation of Special Lots
ORIGIN: Resolution of Intent proposed by staff and adopted by the Planning
Commission (Attachment A). This was done concurrently with the resolution of
intent to amend the Subdivision Ordinance, STA 2011 -01.
PROPOSAL: Amend the Zoning Ordinance by providing exemptions from
certain Zoning Ordinance requirements, for the creation of Special Lots for
identifiable purposes other than development. Special lots are established for
purposes such as public parks and greenways, central well or sewer facilities,
pre- existing cemeteries, public utilities, road rights -of -way and the like.
PUBLIC PURPOSE TO BE SERVED: These special lots are limited to their
identifiable special purpose and are restricted from being used for development.
Therefore, it does not serve a public or practical purpose for them to meet
requirements for the creation of lots that are established for development. (The
term, "development lot," used within this report is not the same as "development
lot" in the Rural Areas district and is used here to refer to lots which can be
developed. These development lot requirements, such as minimum lot size,
width, frontage, building site and development right (RA only), are neither
relevant nor necessary to their special purpose. Furthermore, requiring that
these lots meet all requirements established for development lots can
unnecessarily increase their size and value. As a result, this can discourage
property owners from providing land for these special purposes such as for public
parks and greenways, pre- existing cemeteries and road rights -of -way.
BACKGROUND: Our consistent administrative practice has allowed the
establishment of special lots. This and the subdivision text amendment (STA)
will codify this practice. (See official zoning determination in Attachment B.)
An example of the need for these exemptions is with the creation of greenway
lots whether required by proffer or offered through a subdivision process.
Greenway properties commonly consist of floodplain and critical slopes and do
not include an approved building site. They do not typically have road frontage
and are part of a greenway system with road or pedestrian access offsite. In
addition, greenway lots often have an elongated or odd shape, which is generally
prohibited. Without appropriate exemptions, these lots would not meet Zoning
and Subdivision Ordinance requirements.
Another example of the need for special lot exemption from regulations is with
the establishment of a central well / community waterworks. The Virginia Health
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ZTA: 2011 -03 Exemptions for Creation of Special Lots
Department requires the creation of a well lot and a deed of dedication. This well
lot, often consisting of only 100 ft x 100 ft in area, is approximately' /4 of an acre
as opposed to the 2 acre minimum lot size required in the Rural Areas district.
The Health Department regulations further state:
The intent of these materials (plat and deed) is to describe the proposed
well lot and record the information to ensure the well lot is only used for
waterworks related materials or activities. Therefore, no additional
buildings, parking lots, or storage may occur on or within the well lot.
(Reference to plat and deed added.)
STAFF DISCUSSION: In conjunction with the STA, notes will be required to be
placed on the plat which will state the identified purpose of the special lot and will
limit the allowed use of the property. Approval of these lots will be subjected to
limited requirements and approvals that are appropriate considering the limited
uses allowed.
The following are criteria the Board has identified should be addressed with each
Ordinance amendment:
Administration / Review Process: Clear ordinance authority, including
review process and notes for plats, will improve the administration and review
process for special lots. This will also provide predictability and clarity for
property owners / applicants.
Housing Affordability: No direct impacts are identified. Without these
exemptions, the well lots, greenway lots and other special lots should be
increased in size. This and other requirements have associated costs that will
likely be passed on to property owners. This additional cost would likely
negatively impact housing affordability.
Implications to Staffing / Staffing Costs: As described under
"administration / review process," this amendment will have a positive impact
on staffing.
STAFF RECOMMENDATION: Staff recommends adoption of the draft
ordinance found in Attachment C.
Attachment A: Resolution of Intent
Attachment B: Official Zoning Determination for Creation of Special Lots
Attachment C: Draft Zoning Ordinance Amendment