PUBLIC HEARING AGENDA REQUEST

Sponsor:

Board of Supervisors Meeting Date: 

Raymond E. Graham, Vice Chairman, Cedar Run District Supervisor

July 12, 2007

Staff Lead:

Department: 

Kevin J. Burke, County Attorney

County Attorney

Topic: 

A Zoning Ordinance Text Amendment to Article 2 to Add Sections 3-332 and 5-3200 to Permit the Use of Density from Adjoining Parcels in the RA and RC Zones Without Parcel Consolidation with Special Exception Approval

Topic Description:

A recent amendment to the Zoning Ordinance permitted the consolidation of adjoining parcels in order to cluster the density of both parcels in a single location.  The proposed amendment would afford the same opportunity, by special exception, to adjoining property owners where the adjoining property owners do not wish to consolidate the parcels.  The adjoining properties would continue to be subject to the 85 percent open space requirement for the combined total acreage.  The proposal is effectively a codification of the concept of “landowner compacts” advocated by some rural planners in order to facilitate planning of cluster subdivisions across multiple parcels.  The ordinance currently provides for the same outcome in many instances, but this amendment would permit the result through a different procedural mechanism.  Common practical impediments to formal parcel consolidation include survey costs, estate planning concerns, and the requirement for multiple lender consents to such consolidations.  In addition, the ordinance as drafted would permit an applicant to utilize density on an adjacent parcel in those instances where the property is currently put to some use which requires a special exception or special permit.   The Planning Commission recommended denial of the proposed amendments.  Following the public hearing in May on this item, the Board of Supervisors recommended additional clarification to the ordinance and suggested limitation on the potential number of parcels which could be combined per the provision.  Revised text reflecting the discussion is attached hereto as an alternate version.

Requested Action of the Board of Supervisors: 

Conduct a public hearing and consider adoption of the attached Ordinance Option A or Option B.

Financial Impacts Analysis:

No financial impact analysis has been conducted.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Department of Community Development