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HomeMy WebLinkAboutZTA201100003 Legacy Document 2011-06-29 (7)COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Resolution of Intent to Amend the Subdivision Ordinance for Special Lots STA 2011- 01 SUBJECT /PROPOSAL /REQUEST: Adoption of Resolution of Intent to Provide Exemptions for the Creation of Special Lots for Specific Identifiable Purposes Other Than Development STAFF CONTACT(S): Ms. McCulley, Messrs. Fritz and Kamptner PLANNING COMMISSION AGENDA DATE: April 19, 2011 CONSENT AGENDA ACTION: Yes ATTACHMENTS: Yes BACKGROUND: Through consistent administrative interpretation and practice, we have allowed the creation of special (non - development) lots (See Attachment A). This determination was made after considering the purposes and intent of both the County's comprehensive plan and the Zoning Ordinance (as set forth in Section 1). These special lots are created for specific uses such as greenways, road rights -of -way, central wells and septic systems, stormwater management facilities, public utilities and cemeteries. When the Subdivision Ordinance was amended in 2005, the term "non- building lot" was included. We are proposing amendment to the Subdivision Ordinance to instead use the term "special lot" and the proposed definition, to be consistent with the proposed Zoning Ordinance language. DISCUSSION: Without an exemption, these lots would otherwise have to comply with the requirements of the Zoning Ordinance such as minimum lot size, lot frontage, building site, development right (in Rural Areas) and the like. As the Commission can imagine, it is impractical and serves no public purpose for a 100 foot x 100 foot central well lot to be made to increase in size from 10,000 square feet to 2 acres with a building site and a development right. In addition, based on our experience already, requiring compliance with the full Zoning Ordinance regulations will discourage dedication of land for public purposes such as for greenways. The purpose of this zoning text amendment and accompanying subdivision text amendment is to codify the administrative practice. Allowing the exemption from certain provisions for lots, for the creation of special lots, serves a general public purpose. RECOMMENDATION: Adoption of Attachment B, Resolution of Intent. This is set for public hearing with the Commission on May 10th and with the Board on June 8th ATTACHMENTS: A — Official Zoning Determination for Special Lots dated February 28, 2007 B — Resolution of Intent STA C — Draft Subdivision Ordinance Language