COUNTY OF ALBEMARLE
Subdivision of existing parcels with multiple dwellings on them
Resolutions of intent to amend the Subdivision and Zoning Ordinances to allow for the subdivision of existing parcels with multiple dwellings on them
Messrs. Tucker, Foley, Davis, Kamptner, Graham, and Fritz
LEGAL REVIEW: Yes
December 2, 2009
ACTION: X INFORMATION:
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, and 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 (Option 2 in the November 4, 2009 Executive Summary); 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 (Option 4 in the November 4, 2009 Executive Summary).
Goal 4: Effectively Manage Growth and Development
Proposed resolution of intent to amend the Zoning Ordinance (Option 2 and Option 4)
This resolution of intent would initiate a zoning text amendment to allow only one dwelling unit per lot unless the lot has public street frontage upon and after a date to be established in the ordinance (Option 2) and to grandfather existing parcels with multiple dwelling units on them so that those parcels may be subdivided without public street frontage, a private street approval, or VDOT approval of the entrance of the access easement onto a state road.
Proposed resolution of intent to amend the Subdivision Ordinance (Option 4)
This resolution of intent would also initiate a subdivision text amendment similar to the zoning text amendment regarding the grandfathering of existing parcels with multiple dwelling units on them, as explained in the paragraph above.
Staff does not anticipate that these text amendments would result in changes to funding or staff needed for review of subdivisions.
Adopt the Resolutions of Intent to amend the Subdivision and Zoning Ordinances attached as Attachments A and B, respectively.
A – STA Resolution of Intent
B – ZTA Resolution of Intent
Return to consent agenda
Return to regular agenda