STAFF REPORT. Zoning Text Amendment #PLN , For Boundary Line Adjustments Between Non- Conforming Lots (Countywide)

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COUNTY OF PRINCE WILLIAM 5 County Complex Court, Prince William, Virginia 22192-9201 PLANNING (703) 792-6830 Metro 631-1703, Ext. 6830 FAX (703) 792-4758 OFFICE Internet www.pwcgov.org Christopher M.

1 COUNTY OF PRINCE WILLIAM 5 County Complex Court, Prince William, Virginia PLANNING (703) Metro , Ext FAX (703) OFFICE Internet Christopher M. Price, AICP Director of Planning STAFF REPORT Zoning Text Amendment #PLN , For Boundary Line Adjustments Between Non- Conforming Lots (Countywide) Planning Commission Public Hearing Date: November 7, 2012 Staff Recommendation: Adoption I. Background is as follows: A. Purpose of the Zoning Ordinance Section of the Code of Virginia states that zoning ordinances shall be for the general purpose of promoting the health, safety, or general welfare of the public. From time to time, new standards incorporated into the ordinance (such as a revised boundary line adjustment standard between two non-conforming lots) will result in unintended consequences which should be rectified. B. Previous Development Standards Sec , prior to 2009 allowed for boundary line adjustments between two or more contiguous non-conforming lots provided that no new lot was created, lot frontage was not decreased to less than that required for the district, and lots in the A-1 district were not reduced to less than one acre. The standards in effect at the time of the 2009 amendment allowed a nonconforming lot subject to a boundary line adjustment to become more nonconforming by being reduced in size. The 2009 amendment amended the ordinance to allow boundary lines between non-conforming lots to be adjusted as long as none of the lots involved were reduced in size. However, the application of this has created hardships in certain instances, particularly in the agricultural district. C. Requests Multiple requests have been made since 2009 to adjust the boundary lines between two or more non-conforming lots when the adjustment will result in the reduction of the size of one or more of the lots. The regulation has resulted in situations where a lot cannot be developed because a possible drainfield site which could have been accommodated by a small boundary line adjustment cannot be An Equal Opportunity Employer

2 ZTA #PLN , Non-Conforming Boundary Line Adjustments Page 2 approved because of the new restriction. In response to this issue, staff is proposing the requested zoning text amendment. D. Current Ordinance Language The current ordinance (resulting from the 2009 amendment) allows for the adjustments of boundary lines between non-conforming lots to reduce the number of non-conforming lots or increase lot area, width and frontage, but does not permit a reduction in lot size. E. Zoning Text Amendment Initiated On September 25, 2012 the Board of County Supervisors initiated a zoning text amendment for boundary line adjustments between non-conforming lots. The initiating resolution can be found in Attachment C. F. Zoning and Development Review Advisory Committee The committee reviewed the proposed amendment on October 5, 2012 and had no comment. II. Current Situation is as follows: A. Application of Current Language The restriction that any of the non-conforming lots associated with a boundary line adjustment cannot be reduced in size in many instances prohibits the boundary line from being adjusted. Such adjustments are at times necessary for various reasons, including the need to incorporate areas that percolate for placement of drainfields. B. Proposed Remedy The suggested remedy for the above restrictions on boundary line adjustments between two or more non-conforming lots is to replace the current language with the language that was in effect prior to the 2009 amendment. That language allowed for a boundary line adjustment between two non-conforming lots, or among three or more non-conforming lots, provided no new lot is created, lot frontage is not decreased to less than that required at the front setback line and that, in the A-1 district, lot size is not decreased to less than one acre. C. Planning Office Recommendation The Planning Office recommends approval of Zoning Text Amendment #PLN , for boundary line adjustments between nonconforming lots. Non-conforming uses, lots and structures typically disappear over time as they are redeveloped. Opportunities for redevelopment in the Rural Area are limited and the 8,400 lots zoned A-1, Agricultural in the Rural Area that are non-conforming due to lot size are not likely candidates for redevelopment due to current policies to protect the Rural Area. Allowing minor boundary adjustments for these lots (for example to accommodate a drainfield location) is consistent with the purposes of the non-conforming use regulations. The proposed amendment will restore the standard in place prior to 2009 to remedy the unintended consequences of creating numerous unbuildable lots.

3 ZTA #PLN , Non-Conforming Boundary Line Adjustments Page 3 D. Planning Commission Public Hearing A public hearing before the Planning Commission has been advertised for November 7, III. Issues in order of importance are: A. Policy Does the amendment further the purposes of the Zoning Ordinance and further the goals of the Comprehensive Plan? B. Community Input Have members of the community raised any issues? C. Legal Are there any legal implications associated with the zoning text amendment? D. Fiscal Impact Are there budget or financial impacts? E. Timing What are the timing considerations of the zoning text amendment? IV. Alternatives beginning with the staff recommendation are as follows: A. Recommend Adoption of the amendment to the Zoning Ordinance to permit reduction of the size of a non-conforming lot as part of a boundary line adjustment 1. Policy a) Zoning Ordinance The purpose of the non-conforming lot regulations is that over time non-conforming uses, lots, and structures will be discontinued in favor of uses, lots, and structures conforming to the Zoning Ordinance. However, it is also recognized that nonconforming uses, lots, and structures need not be entirely static, and that under certain circumstances, non-conforming uses, lots, and structures may change. Section addresses changes to nonconforming lots and allows a boundary adjustment as long as the adjustment does not make a lot more non-conforming. Normally, nonconforming lots would be consolidated or reconfigured over time through redevelopment, but for A-1, Agricultural lots in the Rural Area, this is unlikely due to Rural Area policies to limit development. b) Comprehensive Plan The policy for the Rural Area is to maintain a maximum density of one dwelling per ten acres; however, the proposed amendment will not increase the number of lots in the Rural Area as the change only affects boundary adjustments between nonconforming lots and the provision that no new lots should be created will remain in place. 2. Community Input As of the date of this staff report, the Planning Office has not received any written or verbal comments on this proposal from the public.

4 ZTA #PLN , Non-Conforming Boundary Line Adjustments Page 4 3. Legal The adoption of the zoning text amendment will incorporate the proposed restrictions and requirements into the Zoning Ordinance, which is enforceable by the County. Legal issues resulting from Planning Commission action would be appropriately addressed by the County Attorney s Office. 4. Fiscal Impact There is no direct fiscal impact of the zoning text amendment. 5. Timing The Planning Commission has until February 5, 2013, 90 days from the first public hearing, to take action on this proposal. A recommendation to adopt the zoning text amendment would meet the 90-day requirement. B. Do Not Recommend Adoption of the amendment to the Zoning Ordinance to permit reduction of the size of a non-conforming lot as part of a boundary line adjustment. 1. Policy a. Zoning Ordinance The non-conforming use provisions of the Zoning Ordinance would remain with the unintended consequence of numerous undevelopable lots. b. Comprehensive Plan The decision not to adopt the amendment will not impact the policies of the Comprehensive Plan. 2. Community Input As of the date of this staff report, the Planning Office has not received any written or verbal comments on this proposal from the public. 3. Legal If the zoning text amendment is not adopted, then those lots that are rendered undevelopable by the existing language would require a variance from the Board of Zoning Appeals to be developed. Legal issues resulting from Planning Commission action would be appropriately addressed by the County Attorney s Office 4. Fiscal Impact No fiscal impacts are identified if the Planning Commission takes no action on the request. 5. Timing The Planning Commission has until February 5, 2013, 90 days from the first public hearing, to take action on this proposal. A recommendation to adopt the zoning text amendment would meet the 90-day requirement.

5 ZTA #PLN , Non-Conforming Boundary Line Adjustments Page 5 V. Recommendation is that the Planning Commission concur with Alternative A and recommend adoption of Zoning Text Amendment #PLN , for boundary line adjustments between non-conforming lots. Staff: David McGettigan, Attachments: A. Proposed Text Amendment B. BOCS Initating Resolution

6 Attachment A Proposed Text Amendment ARTICLE VI. NONCONFORMING USES; RIGHTS PART 601. NONCONFORMING USES, LOTS AND STRUCTURES Section Purpose. The purpose of this section is to regulate nonconforming uses, lots and structures in a manner consistent with sound planning and zoning principles. The general intent is that over time nonconforming uses, lots and structures will be discontinued in favor of uses, lots and structures conforming to this Chapter and the Zoning Map. However, it is also recognized that nonconforming uses, lots and structures need not be entirely static, and that under certain circumstances, nonconforming uses, lots and structures may change, according to law and the provisions of this Chapter. (No , App. B, ) Section Use of Nonconforming Lots. 1. Any unimproved lot or record, located in any zoning district, that is nonconforming as to the lot area, lot width or lot frontage, or combination thereof, required in the zoning district in which the lot is located may be used for any use permitted by right or with a Special Use Permit in such zoning district, provided all other standards of the zoning district are met. 2. Nonconforming lots may change as follows: (c) The boundaries of a nonconforming lot(s) may be adjusted along with the boundaries of a contiguous nonconforming or conforming lot(s) to decree the number of nonconforming lots or to increase lot area, lot width, and lot frontage, provided such adjustment does not result in an additional nonconforming lot being created; does not make the conforming lot(s) nonconforming, and does not result in further reduction of lot area, lot width, or lot frontage or lot width to less than that required at the front setback line, or reduction of lot area of any of the nonconforming lots that existed prior to the boundary adjustment; except that within the A-1 Agriculture district, a nonconforming lot may be reduced in area as long as the lot size does not decrease to less than one (1) acre. and no additional nonconforming lot is created ZTA #PLN , Non-Conforming Boundary Line Adjustments Page A-1

7 Attachment B BOCS Initation Resolution ZTA #PLN , Non-Conforming Boundary Line Adjustments Page B-1

Staff Report. Planning Commission Public Hearing: October 17, 2007 Staff Recommendation: Denial

Staff Report. Planning Commission Public Hearing: October 17, 2007 Staff Recommendation: Denial COUNTY OF PRINCE WILLIAM 5 County Complex Court, Prince William, Virginia 22192-9201 PLANNING (703) 792-6830 Metro 631-1703, Ext. 6830 FAX (703) 792-4401 OFFICE Internet www.pwcgov.org Stephen K. Griffin,