HomeMy WebLinkAboutZTA201200005 Executive Summary Zoning Text Amendment 2012-06-06COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: Zoning Text Amendment 2012-
00005 Bed and Breakfast/Tourist Lodging
SUBJECT/PROPOSAL/REQUEST:
Consider adopting an ordinance to add bed and
breakfast as a use in the Rural Areas zoning district
and to amend current regulations pertaining to
tourist lodging
STAFF CONTACT(S):
McCulley, Cilimberg, MacCall and Kamptner
LEGAL REVIEW: Yes
AGENDA DATE:
June 6, 2012
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
"Tourist lodging" is allowed as an accessory use to a single-family dwelling in the Rural Areas (RA), Village
Residential and all other Residential zoning districts. The tourist lodging use regulations require that the owner or a
manager reside in the single-family dwelling in which the guest rooms are located, and the use allows up to five (5)
guest rooms. The regulations do not limit the number of tourist lodging uses permitted on a parcel, although it is rare
that a parcel has more than one and none have more than two.
The County's transient lodging regulations were discussed during the Agricultural Economy Roundtable on November
1, 2011 and by the Planning Commission during its discussion regarding the Rural Area section of the
Comprehensive Plan on November 29, 20113he Commission concluded that the County's current zoning regulations
pertaining to transient lodging are overly restrictive, inflexible and fail to adequately connect and support agribusiness
and tourism within the Rural Areas. On March 2, 2012, the Commission adopted a resolution of intent to amend the
transient lodging regulations. "Transient lodging" includes tourist lodging, hotels and inns under the current
regulations.
On April 24, 2012, the Commission held a public hearing on the proposed zoning text amendment and recommended
that the Board approve it with three changes: (1) revise the definition of "bed and breakfast" to assure that the rooms
for dining and meetings are for guests of the bed and breakfast; (2) revise the definition of "bed and breakfast" to
eliminate the requirement that at least one guest room be in the single family dwelling; and (3) revise the
supplemental regulations for tourist lodging (County Code § 18-5.1.17) to add the building official to the class of
officials from whom approvals are required for that use. The two Commissioners who did not support the proposed
amendment cited concerns about transient lodging at farm wineries being a further expansion of the negative impacts
on neighboring properties caused by farm wineries. (See Planning Commission minutes in Attachment A).
DISCUSSION:
The key change proposed by this zoning text amendment is the creation of the "bed and breakfast" use classification
as a by right use in the Rural Areas zoning district, and it would replace the "tourist lodging" use classification in that
district (County Code § 18-10.2.1(14). Tourist lodging would continue as a use classification in the Village Residential
and the other Residential zoning districts.
The zoning text amendment would allow a bed and breakfast use to be established within a single family dwelling or
one or more accessory structures, have up to five (5) guest rooms, and could include rooms for dining and meetings
for use by the transient guests of the bed and breakfast (County Code § 18-3.1) The proposed bed and breakfast use
also would be subject to supplemental regulations that require the landowner or a manager to reside on the parcel,
limit the number bed and breakfast uses permitted on a parcel to two, establish minimum yard and parking
requirements, require the submittal of a sketch plan in conjunction with the request for a zoning clearance, prohibit
restaurants, and require approval of not only the zoning administrator, but also the building official, fire official and the
health department (County Code § 18-5.1.48). Signs, outdoor lighting and noise would be subject to current
regulations (County Code §§ 18-4.15, 18-4,17 and 18-4,18, respectively).
The table below outlines the key differences between the current tourist lodging regulations and the proposed bed
and breakfast regulations.
Existing Regulations
Proposed Regulations
Tourist Lodging
Bed and Breakfast
District Where Use is Permitted
_
Rural Areas, Village Residential and all
Rural Areas zoning district
other Residential zoning districts
Maximum Number of Rooms
5
5
Allowed, Per Use
Occupancy by Owner or Manager
The owner or a manager must reside
The owner or a manager must reside
of Structures Used
within the single-family dwelling in
on the parcel
which the guest rooms are located
Structures Allowed to be Used
A tourist lodging use must be within a
A bed and breakfast use may be
single-family dwelling
within any approved' structure for
the use, including a single-family
dwelling *(Building Code, Fire Code and
Health De artmeot approvals required)
Maximum Number of Uses
_
No express limit "(Staff has not seen
Two (2)
Allowed per Parcel
more than two (2) on a parcel)
Relationship to Rural Areas
Each tourist lodging use must be
Each bed and breakfast use must be
Density and Development Rights
associated with a lawful dwelling
associated with a lawful dwelling
(density and development rights
(density and development rights
requirements must be satisfied)
requirements must be satisfied)
same as for tourist lodging)
It is staff's opinion that the proposed bed and breakfast use would not be more intense or greater in scale than the
current tourist lodging use permitted in the Rural Areas zoning district. Public comments received by the Planning
Commission included support for the zoning text amendment because it would allow for adaptive re -use of agricultural
structures and opposition because overnight accommodations in the Rural Areas were unnecessary and because the
use would subject neighbors to "more late -night noise and traffic." (See Attachment C for public comments)
This ordinance also would amend the definitions of "tourist lodging," "boarding house" and "hotel" to clarify those
terms and add definitions of "bed and breakfast" and "transient lodging" (County Code § 18-3.1), clarify that the
minimum off-street parking requirements for transient lodging and hotels is based on the number of "guest rooms"
rather than "units" and add parking requirements for the bed and breakfast use (County Code § 18-4.12.6), and
amend the supplementary regulations for tourist lodging by updating the terminology and adding the requirement for
building official approval of the structure for the use (County Code § 18-5.1.17)
BUDGET IMPACT:
None identified. Although this zoning text amendment will slightly expand the administration of transient lodging
under the Zoning Ordinance, the number of applications for tourist lodging received each year ranges from 1 to 3.
Even if there is an increase in the number of applications for bed and breakfasts under the new regulations,
existing staffing is adequate.
RECOMMENDATION:
Staff recommends that the Board adopt the attached ordinance (Attachment A) after the public hearing.
ATTACHMENTS
A - Planning Commission minutes
B - Executive Summary for PC Public Hearina
C — Public Comments — letters and emails received
D — Proposed Ordinance
Return to agenda
June 6, 2012 (Regular Meeting)
(Page 44)
ensure compliance with the Zoning Ordinance; and
The maximum number of special events per calendar year shall not exceed twenty-four (24); and
The maximum number of special event guests shall not exceed two hundred (200) persons; and
Hours of operation for the special events shall be no earlier than 11:30 a.m. and no later than
10:30 p.m.; and
No new permanent outdoor lighting shall be installed for this use; and
There shall be no outdoor amplified sound permitted for this use; and
The use shall not commence without approval from the Virginia Department of Transportation of
sight distance from the entrance to the property.
Agenda Item No. 13. SP-2012-00003. Congregation Beth Israel Cemetery in Ivy (Sign #9)
PROPOSED: Special Use Permit to allow a cemetery on a rural area residential property which
allows a cemetery under Section 10.2.2 (32) of the Zoning Ordinance.
ZONING: RA- Rural Areas- agricultural, forestal, and fishery uses; residential density (0.5
unit/acre in development lots).
ENTRANCE CORRIDOR: Yes.
COMPREHENSIVE PLAN: Rural Areas- preserve and protect agricultural, forestall, open space,
and natural, historic and scenic resources/density (0.5 unit/acre in development lots).
LOCATION: 4460 Ivy Road.
TAX MAP/PARCEL: 058000000064NN.
MAGISTERIAL DISTRICT: Samuel Miller.
(Advertised in the Daily Progress on May 21 and May 28, 2012)
Mr. Cilimberg reported that this request is offsite from the actual church in the City, at a residential
property where the owners have given an area on the eastern side of the property to the church for the
opportunity to establish a cemetery. He said the entire property is about five acres, and about'/ acres
would be devoted to the actual cemetery with the owners remaining in the existing residence on the
property. Mr. Cilimberg reported that there were no impacts identified on adjacent property and no
unfavorable factors identified, and staff, along with the Planning Commission has recommended approval
with conditions. He said that a fourth condition was added by the Commission to allow the applicant to
establish the use in 48 months rather than the ordinance requirement of 24 months.
The Chair opened the public hearing.
Mr. Brian Smith addressed the Board, stating that he was a local engineer representing
Congregation Beth Israel. Mr. Smith said this is a great opportunity for the congregation through a very
generous gift from the Mayos.
There being no further public comment, the Chair closed the public hearing and the matter was
placed before the Board.
Mr. Davis suggested that they substitute the language for the fourth condition to say the use shall
commence on or before June 6, 2016, or the permit shall expire and be of no effect.
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June 6, 2012 (Regular Meeting)
(Page 46)
two dwellings on a parcel, that total could be doubled. Mr. Davis added that you could have two bed and
breakfasts on a parcel if you have two dwelling units on a parcel.
Mr. Cilimberg pointed out that you could do that now if each dwelling unit is occupied.
Ms. McCulley said that there is currently no maximum number of tourist lodging uses on any given
property, and if you have enough land there could be five.
Mr. Snow commented that nothing is really changing with exception of the provision that the
manager does not have to live in the same unit that the rooms are located, and they can be spread to
more than one building.
Mr. Rooker said it was a little bit complicated to go through the information.
Mr. Boyd said he's still not certain he understands the room provisions of the proposal.
Ms. Mallek said that a residence can be used for a family, with the bed and breakfast done
separately.
Mr. Davis clarified that it limits the number of guest rooms.
Ms. McCulley said it gives the option — which is not under current regulations — of not using the
house in which you live as your commercial use.
Mr. Rooker said that he had received a letter from a constituent who operates a bed and breakfast
that states the occupancy rate for B&Bs in the County is not high — which is different from those within the
City limits that do not experience the same occupancy issues. He said that the letter indicates the
average rate for B&Bs with online availability calendars showed under 30% occupancy, and other B&Bs
this owner spoke with showed 50% or below. Mr. Rooker indicated that current demand isn't even close
to the number of available rooms in B&Bs, adding that he doesn't see this action as expanding the
intensity of the use — only allowing flexibility in how B&Bs might be organized.
The Chair opened the public hearing.
Mr. Neil Williamson addressed the Board, stating that the Free Enterprise Forum is in favor of the
changes. Mr. Williamson said there is an opportunity here to quantify what is not a well- regulated back
door to rural area B&Bs that are not being represented in the online calendaring. He stated that for the
safety of the tourists, it's important to increase the flexibility but also ascertain that those rooms available
are safe and habitable for tourists. He said that agro-tourism or agri-tainment is a growing sector in
Albemarle County and 95% of the County is rural areas or greater — it's important that we provide those
opportunities. Mr. Williamson said he could envision a reasonable mis-factor in the idea that a residence
would have a significantly greater impact on the rural areas than a B&B operated on the same acreage.
Mr. Morgan Butler of the Southern Environmental Law Center addressed the Board, stating that
he had two questions about the proposal that Ms. McCulley answered, one of them being that there are
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(Lb a6ed)
(6ui;aan jelnb@8) Z6oZ `9 aunp
June 6, 2012 (Regular Meeting)
(Page 48)
Mr. Cilimberg clarified that houses are in a different category than a cottage for guest
accommodations, and said staff would need to talk to the building official and fire official about what the
requirements for public safety are with a guest cottage that would be occupied.
Mr. Foley said staff could check on that during the lunch break today.
Mr. Rooker asked if staff could also clarify the density language.
Ms. Mallek said she had assumed conservation easements would come first, and hopefully it
wouldn't require new advertising for letters of permission from easement holders as part of the application.
She said that she didn't want the County to be in the middle of that — so owners would have to get
approval of TNC or VOF or whoever first.
Mr. Davis said that would put the County in the middle of it.
Mr. Rooker said it could be on a process checklist from staff.
Mr. Davis said having an interpretation that the use would be in conflict would put the County in
the middle of the issue, if that's a requirement, and enforcement of a conservation easement is a separate
enforcement issue from enforcement of the zoning ordinance.
Mr. Rooker said it would have to be, because they are not County easements, and you could get
approval from the County to build a lot of things that may not be permitted under private agreements. The
County does not step in and enforce those things. It would be different if we were the easement holder.
Mr. Cilimberg pointed out that the County already had a process of notifying easement holders of
building permits, so that could be verified.
Mr. Boyd suggested moving it onto the agenda for a decision later in the day, or defer it.
Mr. Cilimberg stated that the clarifications the Board is looking for are to the definition as to
development rights and an understanding of what code provisions for fire safety would be applicable to
these additional units being used as guest rooms.
Mr. Davis added, the new construction, and mentioned that there may be an existing structure that
doesn't have access. He said that an existing B&B would remain as a nonconforming use if they weren't
in full compliance, unless they came in for a change that required a new approval — but any new one
would be subject to these rules.
Agenda Item No. 15. Housing Choice Voucher Annual Plan and Administrative Plan.
Revisions related to the Project -based Voucher Program have been requested by the U.S. Department of
Housing and Urban Development and a chapter has been added to the Administrative Plan regarding
procedures for the use of Project -based Vouchers. A chapter has also been added as required to comply
with regulations related to the Violence Against Women Act. (Advertised in the Daily Progress on May 21
District Transient Lodging (Bed
and Breakfast Use)
Albemarle County Board of Supervisors
Public Nearing
June 6, 2012
Thank you, Madam Chair. Good morning. I'm handing out copies of a comparison
chart of the existing & proposed regulations. It is also found within the staff report
and I'll go over it in this powerpoint.
• Tourist lodging is permitted by -right in RA, Village
Residential and every residential zoning district as
accessory to single-family dwelling.
• Must be within a single-family dwelling in which
someone (typically the owner or manager) resides.
• Maximum of five (5) rooms for each transient lodging
use.
Tourist lodging is permitted as a use by -right, that is accessory to a single-family
dwelling. A maximum of 5 guest rooms are allowed with each use. The tourist
lodging use is allowed in all residential districts, Village Residential and the Rural
Areas district. The focus of this amendment is the language in blue — that it currently
must be within a single-family dwelling in which someone (typically the owner or
manager) resides.
History
• Comments received in Comprehensive Plan review,
including the Agricultural Economy Roundtable (ii-i-ii) -
our regulations are overly restrictive, inflexible and fail to
adequately connect and support agribusiness and tourism
in the Rural Areas.
• Planning Commission resolution of intent adopted March
ZOth.
• On April 24ch the Commission recommended approval
with 3 changes. The two Commissioners who did not
support the amendment cited concerns about further
expansion of negative impacts on neighboring properties
caused by farm wineries.
In our Comp Plan work on the agricultural economy, we heard that our existing
regulations are overly restrictive, inflexible and don't adequately serve the purpose of
connecting and supporting agribusiness and tourism in the Rural Areas.
On April 241h, the PC held their public hearing and recommended approval of this
ordinance amendment with 3 fairly minor changes. Two Commissioners who did not
support it expressed concerns about further expansion of negative impacts on
neighboring properties caused by farm wineries. They asked if we could differentiate
the b&b use that takes place on a farm winery from one that takes place on other RA
property. The CA's office advised that this type of differentiation is not legally
defensible and does not constitute the uniform application of a zoning regulation.
3
Comparison-_E—xisting and
Proposed
District Where Use Is Permitted
1 Rural Areas, Village Residential and
Rural Areas zoning district
all other Residential zornn d,stncts
Maximum Number of Rooms
i 5
5
Allowed, Per Use
_ ._ ..
.
Occupancy of Structures Used
-....__
Someone (typically the owner or
..,,_. ........—
The owner or a manager must
I manaaer) must reside on the arcel 1
reside on the arcel
Structures Allowed to be Used
A tourist lodging use must be within a 1
A bed and breakfast use may be
single-family dwelling
within any approved' structure for
the use including a single-family
dwelling (`Suddrng Code, Fire Code
and Health Department approvals
--
Maximum Number of uses
I No express limit'
Allowed per Parcel
has not seen more than two (2) 1
Two (2)
on a P alce
_._ _. ) --11
_.__.
Relationship to Rural Areas
Each tourist lodging use must be
Each bed and breakfast use must
is
Density and Development Rights
associated with a lawful dwelling j
be associated with a lawful dwelling
(density and development rights
(density and development rights
requirements must be satisfied)
requirements must be satisfied, as
J
with tourist lodging)
In summary, it is staffs opinion that this amendment does not intensify this use.
There is no increase in the number of guest rooms allowed. Keep in mind also that
this amendment does not expand allowed uses associated with a b&b. It is focused
entirely on allowing the use to occur in a structure or structures that are not a single
family dwelling.
4
Points to Keep in Mind
• Any structure that meets the definition of a dwelling unit
requires compliance with zoning regulations for such
(density, development rights, setbacks, site plan, etc.).
• Any structure in which guest rooms will be located
(whether a sf dwelling or a non-residential existing or
proposed) shall require approval from the Fire Official, the
Building Official and the Health Department (as
applicable).
• The use is subject to supplemental regulations that
establish minimum yard and parking requirements, among
other things.
Keep in mind that each b&b use must be associated with a dwelling unit. Each
dwelling unit still has to comply with applicable zoning regulations relating to lot area,
development rights, setbacks and so forth. In addition, this ZTA establishes setback
requirements for accessory structures used for guest rooms. Finally, it codifies /
clarifies that any structure used for guest rooms must receive approval from the Fire
Official, Building Official and Health Dept. as applicable.
Summary
Staff recommends adoption of Attachment D, proposed
ordinance for transient lodging (bed and breakfast
use) in the Rural Areas zoning district.
The ordinance amendment is Attachment D of your staff report.
SEC MeY61K- M, ft'
JIM too �-
11
I
Definitions
• Bed and Breakfast: A use composed of transient
lodging provided within a single family dwelling and/or
one or more structures that are accessory to the single
family dwelling, having not more thanfive (5) guest
rooms in the aggregate, and which also may include
rooms for dining and.for meetings for use by transient
guests of the bed and breakfast provided that the dining
and meeting rooms are accessory to the bed and
breakfast use.
7
EXISTING REGULATIONS RELATING TO TOURIST LODGING
From Section 3.1 Definitions:
Boarding House: A building arranged or used for lodging, with or without meals, for
compensation.
Tourist Lodging: One or more rooms located within a single-family dwelling which is
actually used as such, which rooms are used secondarily to such single-family use for
the temporary accommodation of transients in return for compensation, whether or not
such rooms are used in conjunction with other portions of such dwelling.
Guest Room: A room which is intended, arranged or designed to be occupied, or which
is occupied by one (1) or more guests paying direct or indirect compensation therefor,
but in which no provision is made for cooking.
From Section 4.12.6 MINIMUM NUMBER OF REQUIRED PARKING SPACES FOR
SCHEDULED USES
Dwellings: (Amended 2-5-03)
Single family detached (including manufactured homes): Two (2) spaces per unit,
except when the Virginia Department of Transportation requires three (3) spaces to
offset the loss of ancillary onstreet parking because a reduced urban street width has
been permitted in accordance with the "VDOT Subdivision Street Requirements."
Tourist lodging: One (1) space per unit in addition to the parking required for a single
family dwelling. (Amended 2-5-03)
Section 5 Supplementary Regulations
5.1.17 TOURIST LODGING
The zoning administrator shall issue a zoning compliance clearance for tourist lodging
provided that the Albemarle County fire official and the Virginia Department of Health
issue their approvals for the use, and all other applicable requirements of this chapter
are satisfied. (Amended 10-3-01)
(§ 5.1.17, 12-10-80; Ord. 01-18(6), 10-3-01)
%.,omparison
xi�;t and
0
=�
Existing Regulations
Proposed Regulations
District Where Use is Permitted
Tourist Lod inq
Rural Areas, Village Residential and
Bed and Breakfast
Rural Areas zoning district
all other Residential zonin_g districts
Maximum Number of Rooms
5
5
Allowed, Per Use
Occupancy of Structures Used
Someone (typically the owner or
The owner or a manager must
Structures Allowed to be Used
manager) must reside on the parcel
A tourist lodging use must be within a
reside on the parcel
A bed and breakfast use may be
single-family dwelling
within any approved* structure for
the use, including a single-family
dwelling (*Building Code, Fire Code
and Health Department approvals
Maximum Number of uses
No express limit*
are required)
Allowed per Parcel
(*Staff has not seen more than two (2)
Two (2)
on a arcel)
Relationship to Rural Areas
Each tourist lodging use must be
Each bed and breakfast use must
Density and Development Rights
associated with a lawful dwelling
be associated with a lawful dwelling
(density and development rights
(density and development rights
requirements must be satisfied)
requirements must be satisfied, as
with tourist lodging)