Z-17-18 Text Amendment to Change Definition of a Conforming Lot

​DATE:                July 17, 2017

An Ordinance by Councilmember Howard Shook to amend zoning ordinance section 1628.006(2) to change the definition and manner of calculating a conforming lot, and for other purposes.
The proposed text amendment will provide additional guidance to the public and permitting officials in the administration on how to propcrly define and calculate a conforming lot. Currently, the zoning ordinance defines the term "conforming lot" and the manner in which real property interests are included and excluded. Specifically, this proposed text amendment will offer more detail on how to define and calculate a lot based on square footage and the location of easements, leases, utilities, and licenses.
FINDINGS OF FACTS:
Property location: The proposed legislation is nol tied to a specific parcel, rather it is proposed to impact properties in all zoning districts as described in the 1982 Atlanta Zoning Ordinance.
Property size and physical features: The proposed legislation is not tied to a specific parcel. However, when a parcel within the boundaries of the City are defined and calculated, the calculations will be determined based on square footage and location of easements. In the proposed legislation, underground utility easements and common driveways will be included when determining the conformity of a lot. Currently, the zoning ordinance defines the conformity of a lot by excluding underground utility easements and common driveways.
Surrounding zoning/land uses: The proposed legislation will not change the underlying zoning of any property located within the city limits nor will the legislation require any change in land use designations.
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CDP land use map designation: The  Development Plan currently suggests the appropriate areas for all conuncrcial, residential, industrial, live work, neighborhood commercial, special public interest and Jilixed-u.se districts for all parcels located within thc proposed text amendment. The proposed Ordinance does not seek to revise the land use designations within any geographical area within the city limits. This proposed text amendment seeks only to change the manner in which a confornling lot is defined and calculated.
PROPOSAL:
The proposal is to define the lcrm "conförrning lot" and the manner in which real property interests are included and excluded for purposes of calculating the square footage and access to such lot.
Currently, City Code Section 16-28.()()6(2) defines and calculates a "Lot Conforming" as follows:
(2) Lot, Conforming, Defined: A conforming lot is a parcel of land meeting the requirements of this part as to dimensions and access. In determineng whether a lot is conforming, the area of any easement, lease, license or other similar instrument for transferring real property interests shall be excluded, except that easements serving the lot, such as utility easements and common driveways not serving any streets, shall be included. Unless otherwise indicated, the term "lot" as used in these regulations shall be construed to mean a conforming lot.
The proposal is to amend the text to read:
(2) Lot, Conforming, Defined: A conforming lot is a parcel of land meeting the lot requirements of this part as to minimum size and street frontage. In determining whether a lot is conforming, the area of any easement, lease, license or other similar instrument for transferring real property interests shall be excluded, except that underground utility easements and common driveways, shall be included. Unless otherwise indicated, the term "lot" as used in these regulations shall be construed to mean a conforming lot.
CONCLUSIONS:

1. Compatibility with Comprehensive Development Plan (CDP): timing of development: Since no development project is being proposed, this consideration is not applicable.
2. Availability of and effect of public facilities and services: referral to other agencies: Since no development projects are being proposed as part of the text amendment, these considerations are not applicable.
3. Effect on character of the neighborhood:

The proposed amendment should not have any negative effects on the character of neighborhoods. In fact, parcels that are currently defined and calculated as non-conforming
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lots based on the location of certain easenwnts and common driveways will now be included in the calculation of a conlorming lot.

1. Suitability of proposed land use:

Since no development prmecl is being proposed, this consideration is not applicable.

1. Effect on adjacent property:

The proposed text amendment will promote neighborhoods with legal non-conforming lots by defining a lot, based on square [ootagc, to include underground utilities and common driveways thereby increasing available land for infill residential development. This proposed definition and calculation may ofler existing parcels a stronger basis for being in compliance Wilh the existing zoning regulations.

1. Economic use of current zoning:

Since no development projects are being proposed as part of this text amendment, these considerations are not applicable.

1. Compatibility with policies related to tree preservation:

The proposed legislation Will not affect these requirements.
STAFF RECOMMENDATION: APPROVAL