MONTGOMERY COUNTY PLANNING DEPARTMENT

Similar documents
MONTGOMERY COUNTY PLANNING DEPARTMENT

Action MEMORANDUM. Jeffrey L. Zyon~enior Legislative Analyst

MONTGOMERY COUNTY PLANNING DEPARTMENT

MONTGOMERY COUNTY PLANNING DEPARTMENT

MONTGOMERY COUNTY PLANNING DEPARTMENT

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

AN AMENDMENT to the Montgomery County Zoning Ordinance to: - establish the Montgomery Village Overlay Zone. Development Standards for Euclidean Zones

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

MEMORANDUM. Agenda Item 9A July 17, 2018 Introduction. July 13, 2018 TO: County Council FROM: Jeffry L. Zyon/ Lor Legislative Analyst

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

MEMORANDUM. Action - Zoning Text Amendment 15-12, Overlay Zone - Montgomery Village

Attachment 4 ANALYSIS I. Current Special Exception Use Standards for Accessory Apartments (Also See Attachment 2 Table for Quick Comparison)

County Council Of Howard County, Maryland

Town of Cumberland Town Council Neighborhood Meeting Notice Monday, December 12, 2016 at 5:30 P.M. Town Council Chambers

MEMORANDUM. Background

COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY, MARYLAND SITTING AS THE DISTRICT COUNCIL 2017 Legislative Session

SUBDIVISION, PLANNED UNIT DEVELOPMENT, & PLANNING APPROVAL STAFF REPORT Date: February 1, 2007

MEMORANDUM. Action-Revised Zoning Text Amendment 16-20, Overlay Zone -Bethesda

\Z Jeffrey L. Zyontz, Senior Legislative Analyst

ORDINANCE WHEREAS, the adoption of this Ordinance shall not be construed as an admission that the aforesaid claim has merit or is correct; and

REQUEST FOR SPECIAL EXCEPTION FOR MANUFACTURED HOMES IN THE AR-1 & R-5 DISTRICT APPLICATION NO.

2/16/2016. City Council City Hall Wilmington, North Carolina Dear Mayor and Councilmembers:

PLANNED UNIT DEVELOPMENT, SIDEWALK WAIVER, & SUBDIVISION STAFF REPORT Date: November 6, 2008

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION. Description

MEMORANDUM. Action - Revised Zoning Text Amendment 16-20, Overlay Zone - Bethesda

By: District Council at Request of the Planning Board. AN AMENDMENT to the Montgomery County Zoning Ordinance to:

ARTICLE 800 PLANNED UNIT DEVELOPMENTS

City-Initiated Study for the West Side of Roncesvalles Avenue, Between Marmaduke Street and Marion Street Final Report

MEMORANDUM. Action. Staff recommends approval of the attached resolution.

Town of Falmouth s Four Step Design Process for Subdivisions in the Resource Conservation Zoning Overlay District

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

Review of Land Divisions in Open Space and Residential Zones 660

TOWNSHIP OF MANALAPAN COUNTY OF MONMOUTH

PENNY LAKES SUBDIVISION

State Law reference Extraterritorial jurisdiction, V.T.C.A., Local Government Code et seq.

Micro Scale Practices Declaration

ARTICLE 1 GENERAL PROVISIONS

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

ARTICLE SINGLE FAMILY SITE CONDOMINIUM DEVELOPMENT STANDARDS

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

City of Flagler Beach Planning and Architectural Review Board Tuesday, November 5, 2013 at 5:30 p.m. City Hall Commission Chambers Agenda

ORDINANCE NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA, AS FOLLOWS:

JUSTIFICATION STATEMENT Minor Subdivision - Plat Raymond F. Kravis Center for the Performing Arts, Inc. Initial Submittal: September 11, 2018

MONTGOMERY COUNTY PLANNING DEPARTMENT

TOWN OF FREEPORT Planning Department

City of Fort Lupton Amended Plat Process

1. Adopted the required findings for the project specified in Attachment A of the staff report dated February 6, 2004, including CEQA findings;

Faribault Place 3 rd Addition Preliminary Plat, Final Plat, & PUD

SPECIAL USE PERMIT (SUP) APPLICATION

VIRGINIA DEPARTMENT OF TRANSPORTATION SURVEY SUBCOMMITTEE WHITE PAPER SURVEY IMPLEMENTATION PLAN MAY 15, 2009

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

TOWNSHIP OF MENDHAM Ord. No

ORDINANCE NUMBERb5"- 03

CONDOMINIUM REGULATIONS

Initial Subdivision Applications Shall Include the Following:

TOWN COUNCIL TOWN OF GYPSUM, STATE OF COLORADO ORDINANCE NO. 10 SERIES 2017 AN ORDINANCE AMENDING THE STRATTON FLATS PLANNED UNIT DEVELOPMENT GUIDE

NON-EXCLUSIVE EASEMENT AGREEMENT

MONTGOMERY COUNTY PLANNING BOARD

ARTICLE 50. PD 50. Unless otherwise stated, the definitions and interpretations in Chapter 51 apply to this

STAFF REPORT KETCHUM CITY COUNCIL REGULAR MEETING OF MARCH 21, James R. Laski, applicant s attorney

SENATE BILL 224. (0lr1091) ENROLLED BILL Judicial Proceedings/Environmental Matters

Town of Minden Subdivision Application

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

KRONER S MOBILE WEST COMMERCIAL BUSINESS PARK SUBDIVISION

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

Nassau County Single Land Split Application

Los Angeles City Planning Department RECOMMENDATION REPORT

Boundary Line Adjustment Application

MINOR SUBDIVISION FINAL PLAT APPLICATION Town of Apex, North Carolina

BACKGROUND FACTS. 151 South Main Street Hotel and Residences Condominium Subdivision. James R. Laski, applicant s attorney

NASSAU COUNTY BUILDING DEPARTMENT MOBILE/MANUFACTURED HOME APPLICATION CHECKLIST

ZONING ORDINANCE: OPEN SPACE COMMUNITY. Hamburg Township, MI

DCA Proposed Development Code Amendment to Subdivision Regulations. Division 51A-8.500, Subdivision Layout and Design

90 Sloping Sky Mews - Fort York Neighbourhood (Block 3A) Rezoning Application to Remove the Holding Symbol ( h ) Final Report

Condominium Unit Requirements.

ZONING AMENDMENT & SUBDIVISION STAFF REPORT Date: July 9, 2015

(effective Jan. 1, 2017) Recordation of maps and plats; specifications (Georgia Plat Act)

CPC CA 3 SUMMARY

The legal descriptions used in Georgia (the metes and bounds, and plat map also known as the lot and block system) appear in Chapter 27.

DEED OF EASEMENT AND AGREEMENT Forest Conservation Easement

DAWES OAK SUBDIVISION

ARTICLE 100 SUBDIVISION APPLICATION PROCEDURE AND APPROVAL PROCESS

CITY OF GRAND JUNCTION, COLORADO

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

MINOR PLAT. The following documents are provided as required by the City of Conroe for use in the above titled platting submittals:

City of Sanibel. Planning Department STAFF REPORT

GUIDELINES, PROCEDURES, AND REQUIREMENTS OF THE BELMONT BOARD OF SELECTMEN FOR PETITIONS TO LAY OUT A PUBLIC HIGHWAY

MINOR SUBDIVISION APPLICATION

Article Optional Method Requirements

Subtitle 24 Revision to incorporate SGT SB 236 8/3/2012 STAFF DRAFT 2

MINOR SUBDIVISION COMMITTEE COUNTY OF MONTEREY, STATE OF CALIFORNIA

Executive Summary Planning Code Text Amendment HEARING DATE: JANUARY 11, 2018 EXPIRATION DATE: FEBRUARY 20, 2018

PLANNED UNIT DEVELOPMENT & SUBDIVISION STAFF REPORT Date: May 6, 2004

BOUNDARY LINE ADJUSTMENT PROCEDURE

SECTION 10.8 PUD (PLANNED UNIT DEVELOPMENT) OVERLAY ZONE

Transcription:

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION MCPB Item No. 4 Date: 2/22/18 (SRA 18-01) Minor Subdivisions Ownership Units Gregory Russ, Planner Coordinator, FP&P, gregory.russ@montgomeryplanning.org, 301-495-2174 Pam Dunn, Chief, FP&P, pamela.dunn@montgomeryplanning.org, 301-650-5649 Description Completed: 2/15/18 The subdivision code only allows the creation of an ownership unit on a record plat covered by an approved site plan. SRA 18-01 would also allow the creation of these units when the property described in a plat was subject to conditional use or special exception approval. An ownership unit is not a change to any condition of approval for the subdivision that created the lot in the original subdivision or the site plan. Similarly, the approval of an ownership unit plat would not be a change to the conditional use or special exception approval under SRA 18-01. Summary Staff recommends approval of SRA 18-01 to allow the creation of ownership units when the property described in a plat was subject to conditional use or special exception approval. Currently, the Subdivision Regulations only allow the creation of an ownership unit on a record plat covered by an approved site plan Background/Analysis Currently, the creation of deed, mortgage or lease lines within a commercial, industrial or multi-family residential lot does not require the approval of a new subdivision plan. Within this type of subdivision and typically for the purpose of separately financing different portions of the subdivision, the owner can create or delete internal lots to reflect a new deed, mortgage or lease line and may plat under the minor subdivision procedure. All prior conditions of approval for the original subdivision remain in full force and effect and the number of trips generated on any new lot will not exceed those permitted for the original lot or as limited by an Adequate Public Facilities agreement. Any necessary cross-easements, covenants or other deed restrictions necessary to perpetuate previous approvals must be executed prior to recording the record plat. The creation or deletion of internal lots to reflect a deed, mortgage or lease line and the creation of ownership units within a previously recorded lot (creating lines within lots or areas within a subdivision) are permitted under the minor subdivision provision. SRA 18-01 would also allow the creation of these 1

units when the property described in a plat was subject to conditional use or special exception approval. An ownership unit is only for the convenience of the owner, is not to be used to determine building setbacks or to establish conformance with any other law or regulation and is not a change to any condition of approval for the subdivision that created the lot in the original subdivision or the site plan. Similarly, the approval of an ownership unit plat would not be a change to the conditional use or subdivision approval under SRA 18-01. In either scenario, conditions of approval for the original subdivision must be adhered to. Staff recommends approval of SRA 18-01 as introduced. Attachments 1. SRA 18-01 as introduced 2

ATTACHMENT 1 Subdivision Regulation Amendment No.: 18-01 Concerning: Minor Subdivisions Ownership Units Draft No. & Date: 1 12/20/17 Introduced: January 16, 2018 Public Hearing: Adopted: Effective: Ordinance No.: COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND SITTING AS THE DISTRICT COUNCIL FOR THAT PORTION OF THE MARYLAND-WASHINGTON REGIONAL DISTRICT WITHIN MONTGOMERY COUNTY, MARYLAND Lead Sponsor: Councilmember Floreen AN AMENDMENT to: - allow the creation of ownership units under certain additional circumstances; and - generally amend the provisions concerning the creation of ownership units By amending Montgomery County Code Chapter 50. Subdivision of Land Section 50.7. Minor Subdivision Section 50.7.1. Applicability Boldface Heading or defined term. Underlining Added to existing law by introduced Subdivision Regulation Amendment. [Single boldface brackets] Deleted from existing law by introduced Subdivision Regulation Amendment. Double underlining Added to the Subdivision Regulation Amendment by amendment. [[Double boldface brackets]] Deleted from existing law or the Subdivision Regulation Amendment by amendment. * * * Existing law unaffected by Subdivision Regulation Amendment.

ORDINANCE The County Council for Montgomery County, Maryland, sitting as the District Council for that portion of the Maryland-Washington Regional District in Montgomery County, Maryland, approves the following Ordinance: 2

1 2 3 Sec. 1. Chapter 50 is amended as follows: Division 50.7. Minor Subdivision * * * 4 5 Section 7.1. Applicability * * * 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 E. Ownership Plat. An ownership plat may be recorded to delineate separate ownership units within a lot approved for a [commercial, industrial, or multiunit residential] Commercial, Industrial, Multi-Unit Residential or Group Living use as follows: 1. Ownership units to reflect deed, mortgage, or lease lines may be created by an ownership plat if: a. the lot on which the ownership units are created is included on a plat approved by the Board and has: i. site plan approval under Section 59-7.3.4; ii. conditional use approval under Section 59-7.3.1; or iii. special exception approval under the Zoning Ordinance in effect before November 1, 2014; b. the location and design of all structures on the ownership units satisfy Chapters 8, 19, and 22; c. the ownership units do not violate any other provision of law or adversely affect any conditions of approval for the subdivision plan that created the underlying lot or [for the site plan] any approval required by Subsection 7.1.E.1.a; 3

24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 d. any necessary cross easements, covenants, or other deed restrictions necessary to implement all conditions of approval are executed before recording the ownership plat; and e. the ownership units are suitable for the type of development, the use contemplated, and the available utilities and services. 2. Ownership units must be depicted on the ownership plat with metes and bounds descriptions inside the boundary of the underlying lot as shown on the record plat. 3. Private roads may not be delineated as a separate ownership unit on an ownership plat. 4. No person can record an ownership plat, or sell any property with reference to an ownership plat, until the plat has been approved by the Board and recorded in the land records. 5. The Board may apply conditions to the approval of an ownership plat. 6. An ownership unit created under this section is not: a. a change to any condition of approval for the subdivision that created the lot in the original subdivision or [the site plan] any approval required by Subsection 7.1.E.1.a; or b. used to establish building setbacks or to establish conformance with subdivision or zoning requirements. * * * 4

45 Sec. 3. Effective Date. This amendment takes effect when it becomes law. 46 47 Approved: 48 49 50 51 52 Isiah Leggett, County Executive This is a correct copy of Council action. Date 53 Megan Davey Limarzi, Esq. Clerk of the Council Date 5