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HomeMy WebLinkAboutZTA201200005 Executive Summary Zoning Text Amendment 2012-03-12COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Rural Areas District Transient Lodging Resolution of Intent for Zoning Text Amendment SUBJECT /PROPOSAL /REQUEST: Resolution of Intent to amend the regulations pertaining to Tourist Lodging within the Rural Areas Zoning District STAFF CONTACT(S): McCulley and Cilimberg AGENDA DATE: March 20, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: YES INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The land use "Tourist Lodging," more commonly known as bed and breakfasts or guesthouses, is allowed within the Rural Areas district, Village Residential district and every Residential zoning district within Albemarle County. It is currently only permitted as accessory to a single - family dwelling (see definition). A maximum of five (5) rooms are allowed within a dwelling used for tourist lodging because with six (6) or more rooms it meets the definition of "hotel." 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. Hotel: A building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests. In our work on the Rural Areas portion of the Comprehensive Plan, staff has received public input asking for more flexible and less stringent regulations to allow transient lodging. This lodging is an important connection and support to agribusiness and tourism within the Rural Areas. Transient lodging can also be a valuable use of an historic structure that generates income to preserve the structure. As part of the ongoing Comprehensive Plan review, staff will consider the provision of inns as a mid -sized option between tourist lodging and hotels, in locations appropriate for this use, such as crossroads communities. As discussed in the November 1st Agricultural Economy Roundtable and then endorsed by the Commission with the November 29th Rural Areas Comprehensive Plan Revision, there are currently two zoning requirements that unreasonably restrict the provision of tourist lodging: 1. The requirement that the tourist lodging structure be occupied and used as a residence; and 2. The requirement that all of the rooms available for transient lodging be within the single - family residence. DISCUSSION: The intent of limiting the scale of the tourist lodging use can still be achieved without these two specific requirements but with other language that assures that it remain a subordinate use of the property. While staff has not conducted a study of this, we understand that these restrictions are not typical in other localities. PUBLIC PURPOSE TO BE SERVED: Increasing the flexibility in the provision of transient lodging can better support agribusiness and agritourism in the Rural Areas. It can also allow for additional use and preservation of historic structures. Page 2 Rural Areas Transient Lodging Resolution of Intent March 20, 2012 The Board has asked staff to consider the following criteria in their review of Zoning Text Amendments: Administration / Review Process: This amendment will slightly expand the administration of this regulation. However, this is a minimal workload impact due to the low volume of applications. It will require applicants to provide some additional information with the submittal of their application. However, it will not raise the submittal requirements to a significant degree. Housing Affordability: No impacts are expected. Implications to Staffing / Staffing Costs: This can be handled by existing staff resources. BUDGET IMPACT: Staff is not aware of any budget impacts that would be caused by the adoption of such an ordinance amendment. RECOMMENDATIONS: Adopt the Resolution of Intent to Amend the Zoning Ordinance (Attachment A) and set it for public hearing as soon as reasonably available. ATTACHMENTS A- Resolution of Intent RESOLUTION OF INTENT WHEREAS, tourist lodging is a use classification allowed in the Rural Areas, Village Residential and the residential zoning districts under the Albemarle County Zoning Ordinance; and WHEREAS, tourist lodging can be connected to and support agribusiness and agritourism in the Rural Areas; and WHEREAS, tourist lodging can be a valuable use of an historic structure, allowing income to be generated that, in turn, allows the structure to be preserved; and WHEREAS, in order to allow more opportunities to provide tourist lodging, it may be desirable to amend or eliminate the requirements that tourist lodging structures be occupied and used as a residence and that all of the rooms available for transient lodging be within single family residences. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a resolution of intent to consider amending Albemarle County Code §§ 3. 1, Definitions, 5.1.17, Tourist Lodging, and any other sections of the Zoning Ordinance deemed to be appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date.