Public Hearing: STA-01-08, Comprehensive Revision of the Subdivision Ordinance.



Amend Chapter 14, Subdivision of Land, of the Albemarle County Code, to comprehensively revise the subdivision regulations by amending most existing regulations, repealing or adding other regulations, and reorganizing Chapter 14 and renumbering many existing regulations. 



Tucker, Foley, Davis, Graham, Cilimberg, Echols





April 20, 2005


ACTION:      X                          INFORMATION:   



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The Board of Supervisors has held ten worksessions on the proposed subdivision text amendment since it was recommended for approval by the Planning Commission on April 6, 2004.  The last worksession was held on March 2, 2005.  Major discussion revolved around the proposed overlot grading provisions and the opposition by the Blue Ridge Homebuilders  (BRHBA) to some of the proposed requirements.  A public hearing was set for April 20, 2005.  The Board also asked that staff meet with interested developers between now and the public hearing, and email alternative language for overlot grading to the Board members. 



Goal 2.1: Protect and/or preserve the County's rural Character

Goal 3.3: Develop and implement policies that address the County’s growth and urbanization while continuing to enhance the factors that contribute to the quality of life in the County.



Between March 2 and the writing of this executive summary, staff has discussed potential changes with members of the BRHBA.  At the time this summary was prepared, BRHBA members indicated they were still working on alternative language, but staff has yet to receive a response.  As such, it is not possible to include that alternative language or offer any comments on any changes to the language.  As a result, no changes to the overlot grading section have been made by staff.  Staff does believe, however, that if agreement on this section is all that is outstanding with the subdivision ordinance, the overlot grading section could be set aside for additional work.  Given the concern expressed with the overlot grading section, staff would support adopting the ordinance without the overlot grading section with the understanding that staff would work further with all interested parties, including the BRHBA, to see if consensus can be reached.  As part of that process, staff believes other changes that could expedite the review process can also be considered.   


Staff indicated at the March 2 meeting that changes would be made to catch grammatical errors and assure consistency within the document.  Attachment A is the latest draft Subdivision Text Amendment which incorporates those changes.  Attachment B contains the list of changes made since the February 23 version.



Staff recommends approval of the Subdivision Text Amendment with an effective date of 60 days from adoption of the ordinance.  The effective date 60 days in the future allows for subdivisions under review at this time to be approved under the existing ordinance.  Preliminary subdivision plats approved later than 60 days after the date of approval of the Subdivision Text Amendment would be approved under the new subdivision regulations regardless of when the plat was submitted.



ATTACHMENT A – Draft Subdivision Text Amendment dated April 11, 2005

ATTACHMENT B – Summary of Changes dated April 11, 2005

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