COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

ZTA 04-01 Cluster Developments

 

SUBJECT/PROPOSAL/REQUEST:

Amend Sections 10.2.2, 10.3.3.3, and 10.5.2 of the Zoning Ordinance pertaining to the requirement of a special use permit for Rural Preservation Developments in the Rural Areas having more than twenty lots.  This ordinance text revision would delete provisions allowing RPD's with more than twenty lots and bring RPD ordinance requirements into conformance with Virginia Code.

 

STAFF CONTACT(S):

Cilimberg; Benish; McDowell

 

REVIEWED BY:

Benish, Cilimberg

AGENDA DATE:                       ITEM NUMBER:

March 30, 2004

 

ACTION:              INFORMATION:

 

 

CONSENT AGENDA:         

     ACTION:               INFORMATION:

  N/A

ATTACHMENTS:     

Yes

 

 

 

BACKGROUND:

 

The Board of Supervisors adopted a Resolution of Intent on December 10, 2003, to bring the Rural Preservation Developments ordinance requirements into conformance with Virginia Code (Attachment A). The Executive Summary that accompanied the Resolution of Intent revision is attached as reference (Attachment B).  The Executive Summary provides the background and a discussion of the proposed ordinance text amendment.

 

STRATEGIC PLAN:

 

Goal 2.2  Protect and/or preserve the County's natural resources.

 

DISCUSSION

 

As the Planning Commission is currently still reviewing the draft Plan in worksessions and with public hearings to be conducted in the future, it is easily predicted that changes to the zoning ordinance to implement the Rural Preservation Development strategies that are contained in the draft Plan will not be completed by July 1. The proposed text change to eliminate Rural Preservation Development with more than 20 lots would bring the County into compliance.  Staff considers that this revision to eliminate larger RPDs is an interim measure that will be replaced by zoning ordinance performance standards that implement strategies contained in the Plan.  The alternative to this text change would be to remove the special use requirement for RPDs of over 20 lots without benefit of having standards to reflect the policies contained in the draft Comprehensive Plan. 

 

In reviewing the history of Rural Preservation Developments in the County, the temporary removal of RPDs of over twenty lots from the zoning ordinance would not have had a significant impact on development in the Rural Areas. Rural Preservation Developments were added to the zoning ordinance in 1989 as an alternative to conventional subdivision.  Since that time, fourteen RPDs have been approved and three are currently under review. Of the fourteen approved RPDs, only four required special use permit approval for over twenty lots.  The ten other applications, to which no action had ever been taken, three had more than twenty lots.

 

 

RECOMMENDATION:

 

Staff recommends approval of Zoning Text Amendment 04-01, per Ordinance No. 04-18( ), to amend Sections 10.2.2, 10.3.3.3, and 10.5.2 of the Zoning Ordinance.

 

ATTACHMENTS:

 

A   Executive Summary, Agenda Date December 10, 2003

 

B   Resolution of Intent, Adopted December 10, 2003

 

C   Ordinance No. 04-18( )

 

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