HomeMy WebLinkAboutZTA200900019 Legacy Document 2010-02-11ALB��-7
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZTA 2009 -019 Zoning
Amendment relating to Definition of Family
SUBJECT /PROPOSAL /REQUEST: To exempt
the Rural Area Zoning District from section 3 of
the definition of Family.
STAFF: Ms. McCulley, Mr. Heide
PLANNING COMMISSION DATE:
February 16, 2010
BOARD OF SUPERVISORS DATE:
April 7,2010
ORIGIN: Board of Supervisors' initiated resolution of intent adopted December 2, 2009.
BACKGROUND: The Zoning Ordinance currently allows six unrelated people to reside together as a single
housekeeping unit in a dwelling or dwelling unit in the Rural Areas district as well as all other districts other
than the R -1, R -2 and R -4 districts. This allows a dwelling to be more intensely occupied within the RA, than in
other higher density zoning districts.
DISCUSSION: This proposed amendment would limit the definition of family in the Rural Areas to two (2)
or more persons related by blood, marriage, adoption, or guardianship, and /or not more than two (2)
unrelated persons living together as a single housekeeping unit in a dwelling or dwelling unit. The other
applicable zoning districts include R -1, R -2, and R -4. In addition, the amendment will limit the number of
families able to occupy a dwelling unit to one.
PUBLIC PURPOSE TO BE SERVED: A) Public necessity and convenience. B) General welfare.
C) Prevention of overcrowding in less dense zoning districts.
ADMINISTRATION/ REVIEW PROCESS: This amendment will prevent a dwelling unit from being more
intensely occupied than in other, higher density zoning districts. Because it is a change from the current
regulation which has been in force since 1978, it may present a challenge both for staff to enforce and for
those in the Rural Areas who own or occupy homes in which more than two unrelated persons reside.
HOUSING AFFORDABILITY: While staff cannot predict the impact on affordable housing, it is possible
that there may be implications regarding rental affordability.
RECOMMENDATION:
Staff recommends approval of the draft ordinance. (See Attachment C)
ATTACHMENTS:
ATTACHMENT A: Resolution of intent
ATTACHMENT B: Ordinance amendments (Sections 3 and 4) dated January 28, 2010.
RESOLUTION OF INTENT
WHEREAS, the current definition of "family" in the Albemarle County Zoning Ordinance has two
meanings depending on the zoning district to which it is applied, and these varied meanings allow a
dwelling unit to be more intensely occupied within some zoning districts than in others; and
WHEREAS, the impacts resulting from a family's occupation of a dwelling unit are generally the
same in all zoning districts; and
WHEREAS, it is desired to amend the Zoning Ordinance's definition of "family" to establish a single
meaning applicable to all zoning districts.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Board of Supervisors hereby adopts a resolution of intent to
amend Zoning Ordinance § 3.1 and any other sections of the Zoning Ordinance determined to be
appropriate to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the
zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of
Supervisors, at the earliest possible date.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of six to zero, as
recorded below, at a regular meeting held on December 2, 2009.
Ave Nay
Mr. Boyd
Y
Mr. Dorrier
Y
Ms. Mallek
Y
Mr. Rooker
Y
Mr. Slutzky
Y
Ms. Thomas
Y
Clerk! Board of ¢oun�y Supervisors
Attachment eAl
Draft: 01/28/10
ORDINANCE NO. 10 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
ARTICLE II, BASIC REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article I, General Provisions, and Article II, Basic Regulations, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
By Adding:
Sec. 4.8.4 Residential uses
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Family:
1. An individual; or
bleed, unr-ela4ed per-sens living together- as a single housekeeping unit in a dwelling or- dwelling unit; eF�
3. For- the pufpeses of this or-dinanee the fellewing shall fiet apply to the R 1, R 2 and R 4 residential distr-iets:
fflaffiage,
tegether as a single hetisekeeping unit in a dwelling ef dwelling u
2. Two (2) or more persons related by blood marriage adopted or guardianship (collectively. "related" and
conversely, "unrelated ") and/or: (a) in Rural Areas R -1 R -2 and R -4 zoning districts not more than two
(2) unrelated persons living together as a single housekeeping unit in a dwelling unit; or (b) in all other
zoning districts. not more than six (6) unrelated persons living together as a single housekeeping unit in a
dwelling unit.
Article H. Basic Regulations
No dwelling unit shall be occupied by more than one (1) family.
Attachment W 13
Draft: 01 /28/10
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded
below, at a regular meeting held on
x- Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Snow
Mr. Thomas
Clerk, Board of County Supervisors