DEPARTMENT OF PLANNING JEFFERSON PARISH, LOUISIANA ZONING/COMPREHENSIVE PLAN TEXT STUDY REPORT DOCKET NO.: TXT-1-15 MINOR SUBDIVISION REGULATIONS ADVERTISING DATES: 12/24/14 12/31/14 1/7/15 SUMMARY NO.: PAB PUBLIC HEARING: 1/15/15 COUNCIL DISTRICT (S): Parishwide LAST DAY TO SUBMIT ORDINANCE: LAST DAY FOR COUNCIL ACTION: 4/15/15 5/13/15 PROPOSAL: Resolution No. 121179 (extended by Resolution No. 122821) authorizing the Planning Department and the Planning Advisory Board to conduct a study of the text of Chapter 25, Article VI, Comprehensive Plan, Chapter 33, Unified Development Code, and Chapter 40 Zoning, of the Code of Ordinances of Jefferson Parish, with the intent of evaluating, clarifying, and amending regulations for minor subdivisions; establishing interim development standards during the course of the study; and providing for related matters. FINDINGS: 1. Interim development standards (Resolution No. 121179, as extended by Resolution No. 122821) allowed minor subdivision application for changes in lot orientation without objection, and to clear code violations; these standards have been effective. 2. Subdivision is the legal term for the division of a lot, tract, or parcel of land into two (2) or more lots, plots, or parcels, or building sites. 3. Subdivisions usually require legislative approval via the Parish Council, however, the Louisiana Revised Statutes includes procedures for administrative approval of subdivisions, and the Jefferson Parish Council adopted an ordinance, based on the state procedures, establishing the Planning Director as the decision maker for administrative or minor subdivisions. 4. Sec. 33-2.6 Minor Subdivision (b) Applicability of the Unified Development Code (UDC), adopted in 2008, provides the applicability for minor subdivision. It lists nine criteria used to determine eligibility for administrative approval of a subdivision. This study has identified four of the nine criteria for amendment, clarification, revision, or deletion because they are ambiguous, inconsistent with state enabling legislation, or duplicative of other parish codes, issues that have become apparent over the past six years of administering the code. 5. The identified criteria are: Sec.33-2.6(b)(1)(c) - Established Lots Sec.33-2.6(b)(1)(d) - Private Subdivisions Sec.33-2.6(b)(1)(f) - Change in Lot Orientation or Frontage Sec.33-2.6(b)(1)(h) - Code Enforcement Violations. 6. Sec.33-2.6(b)(1)(c) - Established Lots. Allows the administrative approval of a subdivision that does not reduce a lot size below the minimum area, depth or frontage requirement established by ordinance. However, this language creates uncertainty when the existing lots are already Parish-approved substandard lots, and the proposed subdivision would increase the lot size but at least one requirement would still be substandard. 7. The Planning Department recommends amending the language to clarify that administrative approval can be granted to subdivisions which increase conformance EAO/ss/jlc Date: 1/12/15 Revised: 1/8/15 Planning Department Jefferson Parish, Louisiana Page 1
Docket No.: TXT-1-15 Minor Subdivision Summary No.: without creating greater deficiency, which is consistent with the intent of state law for administrative subdivisions. 8. The proposed language lessens the burden on owners of substandard lots that were previously approved by the parish, allowing them to improve conformance via a more expeditious process. 9. Sec. 33-2.6(b)(1)(d) - Private Subdivisions. Allows the administrative approval of a subdivision as long as the application is not a private subdivision. The language is unclear as to whether it refers to the creation of a private subdivision, or a proposed subdivision within a Parish-approved private subdivision. 10. The Planning Department recommends amending the language to clarify that the creation of a private subdivision or a subdivision with private streets cannot be approved administratively. 11. Sec. 33-2.6(b)(1)(f) - Change in Lot Orientation or Frontage. Allows the administrative approval of a subdivision that does not result in a change in lot frontage that adjoins the rear lot line of the new lot with a side lot line of an adjacent lot within or abutting a residential district. Under the current process, a subdivision application that involves a change in lot frontage requires a public hearing and Council action, necessitating a longer, more expensive process for what is often a simple change. 12. However, changes in lot orientation do affect setbacks which may impact abutting property owners. Thus, the interim regulations called for adjacent neighbors to be notified so they could voice any opposition and, if there is none, allowed the subdivision to proceed administratively. 13. The Planning Department recommends retaining this notification with no objection to allow administrative approval similar to the Metairie Ridge Tree Preservation District procedure. 14. Sec. 33-2.6(b)(1)(h) - Code Enforcement Violations. Allows the administrative approval of a subdivision that does not have any outstanding Code enforcement violations. The interim regulations allowed the subdivision to proceed administratively if the subdivision resolved the violation. 15. Because the Department of Inspection and Code Enforcement has mechanisms in place to remedy code violations, i.e. adjudication, fines, liens, or denial of a building permit, the Planning Department recommends Sec. 33-2.6(b)(1)(h) be deleted from the subdivision regulations. Further, the subdivision is needed sometimes to clear the violation, thus creating an intractable situation. 16. Jefferson Parish s Comprehensive Plan calls for review of all regulations and codes, including the subdivision regulations, and revision as necessary to address ineffective and unnecessary provisions. 17. These amendments to the minor subdivision criteria are consistent with state law, the Parish Comprehensive Plan, and will improve administration of Parish requirements. PLANNING DEPARTMENT RECOMMENDATION 1. That Chapter 33. Unified Development Code Section. 33-2.26 Minor Subdivision, be amended to read as follows: Sec. 33-2.6 (a) (b) Minor Subdivision Purpose. The provision of adequate data concerning land use, utility requirements, traffic impact, streets, servitudes and dedications is vital to ensure the continued health, safety and welfare of the Parish s residents. Recognizing that the significance of this data is reduced for small-scale projects that are most heavily impacted by cost of producing this data, that the need for a public hearing is reduced for most small projects, and in accordance with law, the Parish herein establishes a simplified procedure for minor subdivisions. Applicability. Any subdivision meeting the criteria established in this section may be submitted to the Planning Director for administrative review subject to the requirements of this section. Plats shall be prepared in accordance with the requirements listed in the Appendix of this UDC. EAO/ss/jlc Date: 1/12/15 Revised: 1/8/15 Planning Department Jefferson Parish, Louisiana Page 2
Docket No.: TXT-1-15 Minor Subdivision Summary No.: (1) The realignment or shifting of lot boundary lines including removal, addition, alignment, or shifting of interior lot boundary lines, or the designation or redesignation of lot numbers provided the application meets the following requirements: a. Does not involve the creation of any new street, right-of-way in full ownership, or other public improvement but may provide for the dedication, acceptance, relocation, or deletion of public utility servitudes granted to Jefferson Parish, other than streets. b. Does not involve more than two (2) acres of land or ten (10) lots of record. c. Does not involve the creation of a lot that is below the minimum width, depth, and area requirements of the zoning district, or this Code when the district lacks dimensional standards, except when the new width, depth, or area increases conformance with the minimum width, depth or area requirements of the zoning district, or this Code when the district lacks dimensional standards, without creating any greater deficiency in any of these requirements. d. Does not involve the creation of a private subdivision with private street(s) as described in Sec. 33-7.5 Transportation of this UDC or the creation of a private or common driveway as described in Sec. 33-6.4 Block and Lot Standards (c) Single-family residential lots of this UDC. e. Does not result in a lot of record that is designated with two (2) or more zoning districts, excluding overlay districts. f. Does not result in a change in a lot frontage that would adjoin the rear lot line of the new lot adjoining the side lot line of an adjacent another lot or the side lot line of the new lot adjoining the rear lot line of another lot, when the property to be subdivided is within or abutting a residential zoning district, unless the following conditions are met: 1. The adjacent lot(s) is under the same ownership as the subject lot; or 2. The Planning Director receives no letter of objection after notifying abutting property owner(s) of the application for minor subdivision. The applicant shall provide the Planning Department with a notarized list of the names and addresses of the abutting property owners affected by the change in lot orientation as part of the application for minor subdivision, and the costs of certified mail shall be borne by the applicant. Any objection, which must comply with the following criteria, shall result in a major subdivision application: i. Objection must be made in writing and signed by the abutting property owner(s) objecting to the minor subdivision; ii. iii. Objection must be received in the Planning Department office within ten (10) days of the date of postage on the letter notifying the abutting property owner(s) of the application for minor subdivision; and Objection to application shall be considered valid only if related to possible negative impact on neighboring properties if the minor subdivision is approved. A letter to the Planning Director objecting to the minor subdivision must detail the abutting property owner s concerns regarding the specific impacts that the proposed minor subdivision may have on the abutting property. EAO/ss/jlc Date: 1/12/15 Revised: 1/8/15 Planning Department Jefferson Parish, Louisiana Page 3
Docket No.: TXT-1-15 Minor Subdivision Summary No.: g. Does not result in the creation of a through lot if the abutting lots are lots with single frontage when property to be subdivided is within or abutting a residential zoning district. h. Does not have outstanding Code enforcement violations i.h. Otherwise meets all the requirements of the subdivision and zoning ordinances, including Section 40-182 Application requirements and review procedures for Planning Department of Article X.5 Metairie Ridge Tree Preservation District (MRTPD). * * * PLANNING ADVISORY BOARD RECOMMENDATION: SPEAKERS DATE FOR AGAINST PAB RECOMMENDATION 1/15/14 ZONING ORDINANCE REFERENCE: ANALYSIS: Purpose of the Study Resolution No. 121179, adopted on June 26, 2013 and extended by Resolution No. 122821, authorized the Planning Department and the Planning Advisory Board to conduct a study of the text of Chapter 25, Article VI, Comprehensive Plan, Chapter 33, Unified Development Code, and Chapter 40 Zoning, of the Code of Ordinances of Jefferson Parish, with the intent of evaluating, clarifying, and amending regulations for minor subdivisions; the resolution also established interim development standards during the course of the study. Background Sec. 33-2.6 Minor Subdivision of Chapter 33, Unified Development Code (UDC) adopted on February 13, 2008, provides the applicability for minor subdivision. The state legislation, R.S. 33:113.1 Administrative Procedure which authorizes governing authorities to adopt minor subdivision procedures, refers to such procedures as administrative. The use of the terms administrative approval and minor subdivision are used interchangeably by Planning Department staff and in this report to refer to the same procedure for subdivision. Nine criteria are listed in Sec. 33-2.6 Minor Subdivision to determine eligibility for administrative approval of a subdivision. In the six years that the Planning Department processed applications using the criteria, staff identified four of the nine to study for amendment, clarification, revision, or deletion because they are ambiguous or duplicative of other parish codes. The identified criteria are 1) Sec.33-2.6(b)(1)(c) applicable to established lots, 2) Sec.33-2.6(b)(1)(d) applicable to private subdivisions, 3) Sec.33-2.6(b)(1)(f) applicable to change in lot orientation or frontage, and 4) Sec.33-2.6(b)(1)(h) - applicable where the subject property has outstanding code enforcement violations. The interim development standards in Resolution No. 121179, and extended by Resolution No. 122821, allow minor subdivision for changes in lot orientation without objection, and to clear code violations. These standards have been effective during the study period. Sec. 33-2.6(b)(1)(c) - Established Lot(s) Does not reduce a lot size below the minimum area, depth, or frontage requirement established by ordinance. The word reduce implies an existing condition, thus the Planning Department has applied this criterion to applications involving existing lots. In Jefferson Parish, many lots were platted prior to the adoption of the current zoning ordinance or Unified Development Code. And, in 2003 the Parish adopted regulations prohibiting construction across lot lines, a situation found in many older parts of the parish. As homes previously built across multiple lots are torn down, and new construction is proposed, citizens must consolidate the lots into a single lot of record. A recent example involved a property owner with two lots, each 24-foot wide. They were required to resubdivide, erasing the interior lot line before Inspection and Code Enforcement could issue a building permit for the new single-family home. The lots were designated R-1A, Single-Family which requires a 50-foot width. The width of the new lot was only 48-feet wide; deficient by two (2) feet of the requirement established by EAO/ss/jlc Date: 1/12/15 Revised: 1/8/15 Planning Department Jefferson Parish, Louisiana Page 4
Docket No.: TXT-1-15 Minor Subdivision Summary No.: ordinance, but the extent of the property owned. While the described situation is clearly not reducing either of the existing lots, whether or not the criterion clearly authorizes the described situation as eligible for administrative action because the lot width created is still below the minimum requirement established by ordinance is ambiguous. The Planning Department recommends amending the language to clarify that administrative approval can be granted to subdivisions which increase conformance without creating greater deficiency, which is consistent with the intent of state law for administrative subdivisions. The proposed language lessens the burden on owners of substandard lots that were previously approved by the parish, allowing them to improve conformance via a more expeditious process. Sec. 33-2.6(b)(1)(d) - Private Subdivisions The application is not a private subdivision. The existing language is unclear as to whether this criterion refers to the creation of a subdivision with private streets, or to a proposed subdivision of lots within a Parish-approved subdivision with private streets. The primary intent of Sec. 33-2.6(b)(1) of the Unified Development Code (UDC) is to allow the administrative approval of subdivision that involves the realignment or shifting of lot boundary lines including removal, addition, alignment, or shifting interior boundary lines or designation or the re-designation of lot numbers The lots in Parish-approved subdivisions with private streets are lots of record, and by all measures are comparable to the lots in the regular or standard subdivisions, and thus should be granted access to the same administrative procedures. To address these issues, the Planning Department recommends amending the language to clarify that it is the creation of a subdivision with private streets that cannot be approved administratively, but that the administrative approval process applies equally to the lots within Parish-approved subdivisions with private streets. Sec. 33-2.6(b)(1)(f) - Change in Lot Orientation or Frontage Does not result in a change in lot frontage that would adjoin the rear lot line of the new lot with the side lot line of an adjacent lot when the property to be subdivided is within or abutting a residential district. When the property to be resubdivided is within the Metairie Ridge Tree Preservation District (MRTPD), the provisions of Article X.5, Sec. 40-182(b)(1), and its successor, shall prevail. Under the current process a subdivision application that involves a change in lot frontage requires a public hearing and a final action by the Parish Council, necessitating a longer, more expensive process for what is often a simple change. However, changes in orientation do affect setbacks which may impact abutting property owner. Thus, the interim regulations called for adjacent neighbors to be notified via the same notification procedures already established for minor subdivisions in the MRPTD so adjacent neighbors could express any opposition; and, if there was none, then allowed the subdivision to proceed administratively. Change in lot orientation occurs on corner lots (street intersections) where the side of the subdivided (new) lot becomes the rear, which will then abut the side of adjacent property. The most relevant issue with a change in lot orientation is when the frontage changes, it creates different side and rear yards for the new lot which may impact the rear and side yards of the adjacent properties. For example, prior to the subdivision, the original lot had a side yard setback of five feet for buildings (in the R-1A and less restrictive residential districts), but after the subdivision (frontage change) the rear yard setback (which was the side yard) becomes 20 feet (or 20 percent of the depth of the lot in the R-1A and less restrictive residential districts). The lot orientation, which only changes the legal frontage of the lot because it is located at a street corner, affects only the abutting properties directly with respect to side or rear yard setbacks. Another issue with the existing requirement as written is that it is limited to the situation in which the new lot s rear lot line adjoins the existing lot s side lot line, but not when the new lot s side lot line adjoins the existing lot s rear lot line even though the impacts could be the same. To address these issues, the Planning Department recommends amending the language to remove reference to a change in lot frontage, to focus it on the subdivision s result of the both new lot s rear lot line adjoining the adjacent lot s side lot line or new lot s side lot line adjoining the adjacent lot s rear lot line. EAO/ss/jlc Date: 1/12/15 Revised: 1/8/15 Planning Department Jefferson Parish, Louisiana Page 5
Docket No.: TXT-1-15 Minor Subdivision Summary No.: The Planning Department also recommends the notification of adjacent property owners, and if no objection received, allowing administrative approval similar to the MRTPD, as used effectively in the interim standards. Sec. 33-2.6(b)(1)(h) - Code Enforcement Violations Does not have any outstanding Code enforcement violations. A code violation prohibits a minor subdivision of a property until that violation is cleared with the Department of Inspection and Code Enforcement. The criterion that an application with outstanding Code violations is ineligible for minor subdivision procedures was part of a larger Parish effort to deal with blight post-katrina. That same criterion was included for all planning department actions that might otherwise be eligible for administrative approval, including site plan review. At the time, the Property Maintenance Zoning/Quality of Life department was not yet created, nor was many of the other Code enforcement ordinances that address blight adopted. The Parish officials viewed requiring applications with outstanding violations to go through the legislative procedure as a deterrent to allowing violations to continue. If an applicant is cited by the Parish, occasionally a part of the required remedy is receiving a building permit. To receive a building permit, the applicant may need a subdivision. However, if the subdivision otherwise qualified for administrative approval, it would need to go to the parish council because of the violation. And while the applicant is going through the longer legislative process, the violation and citation are in limbo, because the subdivision and building permit needed to clear it are taking a longer time. The main issue that arises is that Department of Inspection and Code Enforcement and the Department of Property Maintenance Zoning already have in place mechanisms to enforce and resolve violations. Various Code Violations are remedied through the adjudication process, which includes the payment of the violation fines by the applicant; placing a lien on the property; or denying of a building permit to the subject property. Advancing a minor subdivision application to a major subdivision application results in a longer, more expensive process for what is often a simple change. To address this, the Planning Department recommends deleting the provision that a subdivision cannot be processed administratively if it has any outstanding Code enforcement violations as there are other procedures in place to resolve Code Violations. Consistency with the Comprehensive Plan The proposed amendments to Sec. 33-2.6 Minor Subdivisions of Chapter 33, Unified Development Code (UDC) are consistent with the Comprehensive Plan as they support Policy 10.2.1, which is to Conduct a thorough review of all regulations and codes, including the Parish zoning ordinance and subdivision regulations, and revise as necessary to supplement deficiencies and remedy ineffective, obsolete, unnecessary or inconsistent provisions, thus ensuring consistency with the Jefferson Parish Comprehensive Plan. Conclusion By evaluating the Parish s procedures in accordance with the policies of the Comprehensive Plan, the Planning Department continues to seek out ways to provide the best possible service to the public. Jefferson Parish s minor subdivision process provides an expeditious and efficient process for eligible applications to combine or divide land that meets all applicable zoning requirements. The amendments proposed by this study continue to allow property owners to utilize this process and may increase the number of applications eligible for the process. EAO/ss/jlc Date: 1/12/15 Revised: 1/8/15 Planning Department Jefferson Parish, Louisiana Page 6
RESOLUTION NO. 121179 Called a study to evaluate, clarify, and amend regulations for minor subdivisions Interim development standards: Lot(s) with outstanding Code Enforcement violations can be processed as minor subdivisions if the subdivision will clear the violation Subdivisions that would result in a change in lot orientation can be processed as minor subdivisions if: Adjacent lot is under the same ownership The Planning Department receives no objection after notifying abutting property owners
SUBDIVISIONS Subdivision is the legal term for the division of a lot, tract, or parcel of land into two (2) or more lots, plots, parcels, or building sites. Subdivisions usually require legislative approval via the Parish Council, however, the Louisiana Revised Statutes includes procedures for administrative approval of subdivisions, and the Jefferson Parish Council adopted an ordinance, based on the state procedures, establishing the Planning Director as the decision maker for administrative or minor subdivisions.
TEXT AMENDMENT TOPICS Nine criteria are used to determine eligibility for administrative approval of a subdivision The Planning Department identified four of the nine criteria to study for amendment, clarification, revision, or deletion because they are ambiguous or duplicative of other parish codes: Established lots Private Subdivisions Change in lot orientation or frontage Code Enforcement violations
ESTABLISHED LOTS CURRENT CODE LANGUAGE Sec. 33-2.6(b)(1)(c) Does not reduce a lot size below the minimum area, depth, or frontage requirement established by ordinance. ISSUES Creates uncertainty regarding existing lots already approved by the Parish as substandard lots when the subdivision would increase lot size but at least one requirement would still be substandard.
ESTABLISHED LOTS (CONT D) RECOMMENDED LANGUAGE Does not involve the creation of a lot that is below the minimum width, depth, and area requirements of the zoning district, or this Code when the district lacks dimensional standards, except when the new width, depth, or area increases conformance with the minimum width, depth or area requirements of the zoning district, or this Code when the district lacks dimensional standards, without creating any greater deficiency in any of these requirements. RESULTS Clarifies ambiguous language while still consistent with state law. Lessens the burden on owners of substandard lots previously approved by the Parish to improve conformance with dimensional standards.
PRIVATE SUBDIVISIONS CURRENT CODE LANGUAGE Sec. 33-2.6(b)(1)(d) The application is not a private subdivision. ISSUE The existing language is unclear as to whether this criterion refers to the creation of a subdivision with private streets, or to a proposed subdivision of lots within a Parish-approved subdivision with private streets.
PRIVATE SUBDIVISIONS (CONT D) RECOMMENDED LANGUAGE Does not involve the creation of a private subdivision with private street(s) as described in Sec. 33-7.5 Transportation of this UDC or the creation of a private or common driveway as described in Sec. 33-6.4 Block and Lot Standards (c) Single-family residential lots of this UDC. RESULTS Recommended language clarifies that it is the creation of a subdivision with private streets that cannot be approved administratively. The administrative approval process applies equally to the lots within Parish-approved subdivisions with private streets.
CHANGE IN LOT ORIENTATION CURRENT CODE LANGUAGE Sec. 33-2.6(b)(1)(f) Does not result in a change in lot frontage that would adjoin the rear lot line of the new lot with the side lot line of an adjacent lot when the property to be subdivided is within or abutting a residential district. When the property to be resubdivided is within the Metairie Ridge Tree Preservation District (MRTPD), the provisions of Article X.5, Sec. 40-182(b)(1), and its successor, shall prevail. ISSUES When frontage changes, different side and rear yards for the new lot are created, and affect the rear and side yards of the adjacent properties. Existing criterion is limited to the situation when the new lot s rear lot line adjoins the existing lot s side lot line, but not when the new lot s side lot line adjoins the existing lot s rear lot line.
CHANGE IN LOT ORIENTATION (CONT D) RECOMMENDED LANGUAGE Does not result in the rear lot line of the new lot adjoining the side lot line of an another lot or the side lot line of the new lot adjoining the rear lot line of another lot, when the property to be subdivided is within or abutting a residential zoning district, unless the following conditions are met: 1. The adjacent lot(s) is under the same ownership as the subject lot; or 2. The Planning Director receives no letter of objection after notifying abutting property owner(s) of the application for minor subdivision. The applicant shall provide the Planning Department with a notarized list of the names and addresses of the abutting property owners affected by the change in lot orientation as part of the application for minor subdivision, and the costs of certified mail shall be borne by the applicant. Any objection, which must comply with the following criteria, shall result in a major subdivision application: i. Objection must be made in writing and signed by the abutting property owner(s) objecting to the minor subdivision; ii. Objection must be received in the Planning Department office within ten (10) days of the date of postage on the letter notifying the abutting property owner(s) of the application for minor subdivision; and iii. Objection to application shall be considered valid only if related to possible negative impact on neighboring properties if the minor subdivision is approved. A letter to the Planning Director objecting to the minor subdivision must detail the abutting property owner s concerns regarding the specific impacts that the proposed minor subdivision may have on the abutting property.
CHANGE IN LOT ORIENTATION (CONT D) RESULTS Recommended language removes reference to a change in lot frontage, to focus on the subdivision s result of either the new lot s rear lot line adjoining the adjacent lot s side lot line or the new lot s side lot line adjoining the adjacent lot s rear lot line. Provides for notification to affected property owners and opportunity to comment on possible negative impact if minor subdivision approved.
CODE ENFORCEMENT VIOLATIONS CURRENT CODE LANGUAGE Sec. 33-2.6(b)(1)(h) Does not have any outstanding Code Enforcement violations. ISSUES Department of Inspection and Code Enforcement and the Department of Property Maintenance Zoning already have mechanisms in place to enforce and resolve violations. Sometimes subdivision is needed to clear the violation.
CODE ENFORCEMENT VIOLATIONS (CONT D) RECOMMENDED LANGUAGE <Delete criterion from list> RESULTS By deleting the provision that a subdivision cannot be processed administratively if it has any outstanding Code enforcement violations, adjudication can proceed more quickly and enforcement can occur more efficiently.
CONSISTENCY WITH THE COMPREHENSIVE PLAN Support Policy 10.2.1, to Conduct a thorough review of all regulations and codes, including the Parish zoning ordinance and subdivision regulations, and revise as necessary to supplement deficiencies and remedy ineffective, obsolete, unnecessary or inconsistent provisions, thus ensuring consistency with the Jefferson Parish Comprehensive Plan.