HomeMy WebLinkAboutZTA-17-1_Residential_Trans_April_24_Staff_ReportCOUNTY OF ALBEMARLE
PLANNING COMMISSION
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2017-01 Residential Tourist Lodging Public
Hearing
STAFF CONTACT(S): Rebecca Ragsdale, Elaine
Echols
AGENDA DATE:
March 20, 2018
ATTACHMENTS: Yes
BACKGROUND: This zoning text amendment (ZTA) was initiated by the Board of Supervisors on May 3,
2017. The Board also held a work session on the ZTA on July 5, 2017 to define parameters for potential
zoning changes. The Planning Commission received a briefing on this ZTA on May 23, 2017. A series of
public meeting were held September 2017 to gather input on potential changes to allow more opportunities
for residential transient lodging. The Planning Commission reviewed public input and discussed this topic in
a series of three work sessions held on October 24, 2017, December 19, 2017 , and March 20, 2018.
Topics included enforcement, neighbor impacts, parking, and protecting the Rural Areas from
commercialization. After reviewing public input and further consideration of a number of questions and
concerns from the work sessions, the Commission reached consensus on proposed changes that should
be included in the ordinance recommended for public hearing.
Conformity with the Comprehensive Plan
The following strategy is stated in the Comprehensive Plan for both the Rural Areas (Chapter 7, Strategy
4c) and the Development Areas (Chapter 8, Strategy 5e):
Study the nature and extent to which transient lodging is currently taking place and consider
whether policy or regulatory changes should occur to accommodate this use. If such changes are
determined to not be needed or appropriate, develop and implement a plan to bring errant
operators of transient lodging into conformity with the County's regulations in a timely fashion.
The Board of Supervisors directed the Planning Commission to consider regulatory changes to better
accommodate this use.
Conformity with the Board of Supervisor’s Strategic Plan
The County’s Strategic Plan also sets out the following objectives relevant to the proposed ordinance
changes:
Thriving Development Areas: Attract quality employment, commercial, and high density residential
uses into development areas by providing services and infrastructure that encourage
redevelopment and private investment while protecting the quality of neighborhoods.
Rural Areas: Preserve the character of rural life with thriving farms and forests, traditional crossroad
communities, and protected scenic areas, historic sites, and biodiversity.
Economic Prosperity: Foster an environment that stimulates diversified job creation, capital
investments, and tax revenues that support community goals.
DISCUSSION: At their March 20, 2018 work session, the Planning Commission directed staff to make the
following recommended changes to the zoning ordinance for a public hearing in April and recommendation
to the Board of Supervisors. The changes are summarized below and the full draft ordinance is provided as
Attachment D.
PAGE 2
ZTA 2017-01 Homestay Public Hearing
April 24, 2018
1. Replace the terms and definitions for “tourist lodging” and “bed and breakfast” with “homestay.”
2. Replace the parking calculations for “tourist lodging” and “bed and breakfast with “homestay” and
specifying that parking must be off-street for any homestay use, including the Residential and the
Rural Areas zoning district.
3. Allow rental of homestays in the RA zoning district (only) when the owner is not present (aka “whole
house rental”) no more than 7 days in a given month but no more than 45 overnight stays per year.
4. Require that homestays who rent without the owner present maintain a log of the number of days
rented each week and report monthly to the Zoning Administrator.
5. Require that homestays provide neighboring residents local contact emergency information.
6. Allow up to 2 guestrooms for homestays in townhouses and attached units with owner or manager
present during rental.
7. Incorporate the Short Term Rental registry provisions of the Code of Virginia.
These proposed changes respond to the Board’s directive to expand opportunities for this use in a way that
balances the goals of the strategic plan along with protecting neighborhoods.
Staff continues to work on strategies to address compliance. Initially, a proactive compliance effort will be
needed to close the compliance gap. The effort would begin with publicizing information on the
requirements for obtaining a zoning clearance and taxation requirements. Staff intends to host
workshops(s), create interactive/video tools on regulations, and provide streamlined processes with on-line
help.
Having a proactive process for compliance will also require further discussion with the Board of
Supervisors, who sets the Community Development work program priorities and allocates funding. A
proactive program would involve the need for more staff resources initially to obtain contact information for
hosts, advise them of permit requirements, and to handle the increase in applications or enforcement
efforts, if needed. Additional funding would also be needed should the County decide to seek the services
of companies that specialize in locating properties advertised for lodging. Staff believes that after the initial
compliance efforts, applications and complaints may level off. Staff will work to streamline application
activities and coordination with the Finance Department to make compliance easier. Staff will also be
seeking ways to contact Airbnb and other hosting platforms directly to work cooperatively on compliance
issues. Airbnb has a page where information on a localitiy’s regulations can be listed.
After an extensive proactive effort to close the compliance gap, staff recommends enforcement take place
on a complaint-basis.
BUDGET IMPACTS: There is potential for an increase in staff time devoted to compliance efforts, review
of increasing numbers of zoning clearances for homestays, and maintaining a record of whole house rental
reporting. The exact budget impacts are unknown at this time, but an estimate of costs for a proactive effort
to close the compliance gap will be provided to the Board of Supervisors.
RECOMMENDATION: Staff recommends that the Commission act to recommend an ordinance to the
Board of Supervisors for approval at their scheduled June 13, 2018 work session.
..
ATTACHMENTS:
A. October 24, 2017 minutes
B. December 19, 2017 minutes
C. March 20, 2018 minutes
D. Proposed ordinance changes