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HomeMy WebLinkAboutZTA201200005 Correspondence Zoning Text Amendment 2012-06-05Amelia McCulley From: Amelia McCulley Sent: Tuesday, June 05, 2012 4:18 PM To: mbutler@selcva.org Subject: RE: B&Bs Thanks as always, for your thoughtful and insightful questions. Please see my responses below. Please let me know if you have remaining questions after reading my response. From: Morgan Butler [mailto:mbutlerCa)selcva.org] Sent: Tuesday, June 05, 2012 4:05 PM To: Amelia McCulley Subject: B&Bs Amelia, Two quick (hopefully) questions on the B&B ZTA coming before the Board tomorrow. Sorry to be sending these to you so late in the day —and so late in the process. I've just now had a chance to give this more than a cursory glance. I notice that a Rural Area parcel may have up to two B&B uses. In order to have two B&B uses on a parcel, would there need to be two single-family dwellings on the parcel? That would seem to make sense, but it's not clear to me from the draft language. If there would not need to be a second dwelling unit to allow the second B&B use, it seems to me that the five -room limit for each B&B use doesn't really serve a purpose, and that, in fact, any parcel with one dwelling unit can actually have up to ten B&B guest rooms. Yes, to qualify for the 2nd b&b use, you'd need to have two dwellings. The benefit of this restriction is that we have regulations that limit the construction of new dwellings on inadequate roads and/or insufficient frontage. The linking to a 2nd dwelling can assure (except in old, nonconforming dwellings) that the road and entrance are adequate. I'm not sure I understand your point about it not serving a purpose. Maybe you'll rethink based on what I've mentioned. Keep in mind that no more than 5 rooms are allowed within any one structure, or it crosses over to become a hotel or an inn. 2. If a landowner wanted to convert an accessory structure built as part of a B&B use to a dwelling unit with a permanent occupant, would that require a development right? Yes. The limitation to only one dwelling unless you have sufficient public road frontage applies as well as the access to the new dwelling for fire apparatus. Thanks, and sorry again for the late -in -the -day email. Best, Morgan Amelia McCulle From: Wayne Cilimberg Sent: Thursday, April 19, 2012 2:02 PM To: Amelia McCulley; Francis MacCall Subject: FW: ZTA201200005 Bed and Breakfast/ Trouist Lodging FYI: -----Original Message ----- From: Peter Hallock[mailto:carolcreekfarmogmail.com] Sent: Thursday, April 19, 2012 1:20 PM To: Planning Commission Subject: ZTA201200005 Bed and Breakfast/ Trouist Lodging To The Planning Commission Members You might consider the the property owners who does this give up their small lot division rights if they have any while they are renting these rooms. Thank you for your consideration Peter G. Hallock tou might consider 1 23 April 2012 Chairman Cal Morris Albemarle County Planning Commission 401 McIntire Road Charlottesville, VA 22902 RE: ZTA201200005 Bed & Breakfast/Tourist Lodging VIA ELECTRONIC TRANSMISSION Dear Chairman Morris and Members of the Planning Commission, While I had planned to join you for your April 20 consideration of the above referenced Zoning Text Amendment, I regret a family commitment precludes my attendance. The purpose of this letter is to vigorously support the proposal. The changes proposed will not intensify the use of the rural areas and, in many cases, will provide adaptive reuse of structures that may have exhausted their original agricultural intent. As you may recall, the Free Enterprise Forum provided a power point presentation outlining many of the regulatory challenges to making Albemarle's rural areas economically sustainable. While we have a long way to go on that list, ZTA-2012-00005 is a great first step in that direction. I look forward to our continued work together on the Rural Areas Comprehensive Plan changes referenced in the staff report. Respectfully Submitted, Neil Williamson, President cc: Albemarle County Board of Supervisors Charlottesville Regional Chamber of Commerce Agribusiness Roundtable Albemarle County Farm Bureau Board of Directors 550 Hillsdale Drive, Charlottesville, VA 22901434.220.0781 neil@freeenterpriseforum.org Freeenterpriseforum.org Amelia McCulley From: Wayne Cilimberg Sent: Tuesday, April 24, 2012 3:31 PM To: Amelia McCulley; Johnathan Newberry Subject: FW: B & B proposal Apr. 24, 2012 For tonight. From: The Sommers [mailto:wsommerC�nexet.net] Sent: Tuesday, April 24, 2012 3:27 PM To: Albemarle County Planning Commission Subject: B & B proposal Apr. 24, 2012 I am opposed to the B & B proposal because I believe it is unnecessary to have all-night accommodations in the rural area and allow wineries to subject their neighbors to more late -night noise and traffic. Please see my comments below. Planning Commission B & B Use in Rural Areas April 24, 2012 The existing regulation regarding tourist lodging protects rural residents because an on -site owner or resident manager can keep the lid on the number of people using the five rental rooms in a single-family structure and and presumably can control the noise level of late -hours activities. Imagine the impact on neighbors if a few 20-somethings rent a separate five -room structure and the whole fraternity spends the night there partying. Also, remember the tragedy at Clifton Inn when the property was left unattended by management. Structures associated with wineries are generally characterized as farm structures and thus are exempt from government oversight such as building permits and inspections for structural, electrical, and plumbing code compliance. Would overnight accommodations at a winery (as opposed to accommodations in a rural residence) also be exempt from regulations intended to protect the public? Chap. 18, Art. I Sec. 3.1 Definitions Bed and Breakfast: A use composed of transient lodging provided within a single family dwelling and one or more structures accessory to the single family dwelling, having not more than five guest rooms in the aggregate.... Sec. 5.1.48 Bed and Breakfast Number of bed and breakfast uses. Any parcel may have up to two bed and breakfast uses, provided that the permitted density is maintained. How about a definition of ap rcel? What is the permitted density-- is it "five guest rooms in the aggregate"? And how about putting a limit on the number of guests that may occupy those five rental rooms? Many rural properties consist of multiple parcels. Would five rental rooms be allowed on each parcel that contains a single family dwelling? Does each parcel require its own on -parcel manager? What if a winery with five parcels wants to aggregate five 5-room structures into one 25-room structure? Does this proposal mean we could end up with the equivalent of a Comfort Inn on land zoned rural agricultural? "Proposed regulations will be somewhat more complex to administer than the current ordinance... minimum workload impact due to low volume of applications..." That's in the past --how about the future? With the proposed end of regulation, 1 would expect many new applications. "This [expansion of administration of this regulation] can be handled by existing staff resources" I guess there are a lot of people in County government with excess time on their hands. "While staff has not conducted a study of this, we understand that these restrictions are not typical in other localities." Who told them this? A winery owner who wants no restriction on his ability to keep the party ;oing all night? The wineries would have you believe that no one under 65 will rent their rooms, that renters will be quiet and respectful of the neighbors late at night, and that nothing but good will come from their pursuing their own financial self-interest. I don't believe them. Judith Sommer Keswick, VA Art m Lee tieitrone Brook Hollow Farm 6057 Gordonsville Road Keswick, VA 22947 434-296-1288 beltroneco@yahoo.com April 23, 2012 Mr. Cal Morris Albemarle County Planning Commission County Office Building McIntyre Road Charlottesville, Virginia Dear Mr. Morris: As our Planning Commission representative, my wife Lee and I would like you to present and add our following comments into the public comment section during the Tuesday, April 24, 2012 public hearing for ZTA 2012-005 Rural Areas District Transient Lodging (Bed and Breakfast Use). Out-of-state travel prevents us from attending the meeting in person. We are particularly concerned about the Sec. 3.1 Definitions change that as stated, "...which also may include rooms for dining for overnight guests or other transient guests and for meetings for private parties that are accessory to the bed and breakfast use." From our reading of the definition, this will enable a bed and breakfast to actually serve meals from a kitchen on premises not just for breakfast, but lunch, supper and dinner. The term "transient guests" also seems to indicate an ability to serve meals to other individuals who may not necessarily be staying overnight, but as stated in the definition, be present "...for private parties that are accessory to the bed and breakfast use." If this change to the current ordinance is made it will be the start of the creation of public restaurants in the rural areas, especially at farm wineries, an activity that has been determined inappropriate and not in character with the rural areas. Our additional concern is one of noise enforcement, especially at farm wineries. The county admits there is not enough staff to enforce outdoor amplified music noise subject to decibel meter checks. No one is on duty on weekends to make these checks, and evening incidents during weekdays will also not be able to be checked with staff not on duty after normal working hours. Of equal importance is perhaps the creation of a confusing, double standard. Will noise from a farm winery with up to five bed and breakfast units and "transient guests" regulated by the recently -enacted decibel standard? Will the audibility noise standard, addressed by the Albemarle County Police with its around -the -clock presence, apply to other farms that are not farm wineries? Thank you for your consideration of the above. Art and Lee Beltrone Amelia McCulley From: Amelia McCulley Sent: Wednesday, May 02, 2012 11:40 AM To: 'Jeff Werner' Subject: B&B questions - response Please see below. Thanks for your good questions. From: Jeff Werner [mailto Jwerner pecva.org] Sent: Tuesday, May 01, 2012 1:49 PM To: Amelia McCulley Cc: Rex Linville Subject: B&B questions Amelia: I missed the Plan Comm work session on the B&Bs so I missed the details on how the draft regs would work. (My son had a lacrosse game.) I know we have some time before this goes to the BoS, but I'd like to talk to you about PEC's questions/concerns, and whether or not they should even be concerns. I can call you, come to your office, or you can type an e-mail, whatever is easiest for you. Jeff, I'm emailing responses to your questions here, but Wayne and/or I am happy to meet with you to go over them or any additional questions. Just as a lead-in to answering your questions, I wanted to mention that the proposed ordinance does not increase the intensity of this use as measured in number of guest rooms allowed; it actually puts a cap with a maximum of two b&b uses or to guest rooms max. No cap on the use currently exists. PEC support's promoting and facilitating more tourist activity in thee Rural Area. After all, if people can see it and enjoy it, they'll be willing to help protect it. However, as you are well aware, there is is always a small percentage of people that exploit such opportunities and thus create the concerns. My general questions are as follows. (Rex. Did I miss anything big?) Questions: • What are the siting, well and septic, access, etc. regulations that will apply to existing and new structures to be used as lodging? What will prevent people from renovating existing or building new structures/cottages on substandard lots with substandard access/roads/driveways, which later become divided into "new" lots with homes? Let me break out the requirements by a) Zoning b) Bldg & Fire and c) VDH. a) Zoning —new construction of a dwelling will have to comply with bldg site, well & septic and lot access requirements (section 4.6.6). Construction of a 2nd dwelling on a parcel not having public road frontage requires a site plan (section 32.2.a (1)). There must be a dwelling on the property to qualify for a b&b use. Construction of a structure other than a new dwelling does not have specific access/road/driveway standards in general and not for b&b use or other accessory residential uses, in particular. Any new construction of a structure involving sewage disposal must comply with the full septic requirements (primary and reserve based on a 3 bedrm house). The proposed ordinance maintains the existing requirements. Subdivision creating new lots is subject to the access road and entrance requirements of the Subdivision Ordinance. b) Bldg & Fire — Requires that any structure used for guestrooms at least meet the same standards as a residence. There are some additional requirements relating to egress, smoke detectors, etc. c) VDH — requires an approvable private water supply, onsite sewage disposal and adequate food service facilities. • What are the access requirements regarding entering and exiting site from public roads? A January 20o6 Traffic Impact Study for a B&B in Loudoun County concluded an ii room expansion would "produce 152 weekday daily trips, 179 Saturday daily trips (without event) and 437 Saturday daily trips (with event)." (see attached.) Any new entrance is subject to VDOT approval of the entrance permit. To my knowledge, there have never been any additional or specific VDOT requirements for this use. I think this is because it has been seen as an accessory use to a dwelling. It appears that either the traffic generation was considered minimal or as roughly equivalent to that generated by a family occupying the structure. Keep in mind that the proposed ordinance limits the number of guest rooms to 10 per parcel, whereas there are no current limits to the number. Your attachment is related to tourist lodging involving 20 rooms. This issue is relevant as we continue to talk about the idea of expanding allowance for inns in the RA. • Will the number of —new and/or exiting —structures to be used as lodging units be directly related to the parcel's available development/division rights? The number of b&b uses allowed and therefore the number of guest rooms allowed is directly related to the number of lawful dwellings per parcel. Therefore, it is related to the pat -eel's development rights (with the exception of any nonconformities). • What will be done for parcels in conservation easement? Some eased properties have restrictions that might preclude this use. We will incorporate review of this issue as part of our review for a b&b application. I would expect that if the propeity is shown as being in a conservation easement, that we'd need confirmation that the proposed use is permitted before we approve it. Thanks for mentioning this as we're considering SOPS, this will be included. Thanks Jeff