Changes in Zoning Should Not Be Taken Lightly: A (Agricultural) to R-3 (Multi-Family Residential)

The Planning Commission Meeting held on 10/19/09 (video) showed one of the central issues associated with rezoning requests. (Note the Agenda for this meeting was not on the Town’s website at the time of this writing.)

At the 10/5/09 Planning Commission Meeting, the issue was first presented of rezoning 6.47 acres from A (Agriculture) to R-3 (Multi-Family Residential) Zoning. This is property on the souther side of Diana Drive. A Joint Public Hearing was held on 10/6/09 in Town Council Chambers. Although not as controversial as the Boxley Concrete Products Zoning Permit request, this rezoning from A to R-3 raised quite a bit of citizen interest. (Minutes of this meeting are not yet available on the Town’s website. However, there is video of the meeting at myvaresouces.com.) After a good bit of debate, the Planning Commission voted to support the rezoning in a 3 to 1 vote.

A couple of key issues were raised during this discussion:

• Rezoning of the land to R-3 would then allow all by right uses applicable under the R-3 zoning.
• The party proposing the development can put an age restrict that the leasee would be a minimum age of 55 in the proposed development.
• The parcel of land is surrounded by R-1 and A (Agricultural) zoned properties.
• The Comprehensive Plan specifically encourages developments addressing the needs of “elderly” residents.

As to the by right uses under the R-3 zoning, Chapter 30 of the Town Code covers this in Article VI. Well, those are too numerous to mention in their entirety. Your best bet is to go to the link and look at the list but, here are a few examples pulled from that list:

As to age restriction, it was noted that the Town Attorney indicated that the language of the proffers was legal. Does this necessarily mean the same thing as the intention of Town Council? The Virginia Fair Housing Act offers some information:

• §36-96.1:1 gives this definition of elderliness ‘”Elderliness” means an individual who has attained his fifty-fifth birthday.’
• §36-96.6 A. Any restrictive covenant and any related reversionary interest, purporting to restrict occupancy or ownership of property on the basis of race, color, religion, national origin, sex, elderliness, familial status, or handicap, whether heretofore or hereafter included in an instrument affecting the title to real or leasehold property, are declared to be void and contrary to the public policy of this Commonwealth.
• §36-96.6 B. Any person who is asked to accept a document affecting title to real or leasehold property may decline to accept the same if it includes such a covenant or reversionary interest until the covenant or reversionary interest has been removed from the document. Refusal to accept delivery of an instrument for this reason shall not be deemed a breach of a contract to purchase, lease, mortgage, or otherwise deal with such property.
• §36.96.7. Familial status protection not applicable to housing for older persons.
  • . Nothing in this chapter regarding unlawful discrimination because of familial status shall apply to housing for older persons. As used in this section, “housing for older persons” means housing: (i) provided under any state or federal program that is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or (ii) intended for, and solely occupied by, persons sixty-two years of age or older; or (iii) intended for, and solely occupied by, at least one person fifty-five years of age or older per unit. The following criteria shall be met in determining whether housing qualifies as housing for older persons under clause (iii) of this subsection:1. At least eighty percent of the occupied units are occupied by at least one person fifty-five years of age or older per unit; and

    2. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of age or older.

    B. Housing shall not fail to meet the requirements for housing for older persons by reason of:

    1. Persons residing in such housing as of September 13, 1988, who do not meet the age requirements of clauses (ii) and (iii) of subsection A, provided that new occupants of such housing meet the age requirements of those clauses; or

    2. Unoccupied units, provided that such units are reserved for occupancy by persons who meet the provisions of clauses (ii) and (iii) of subsection A.

Taking a look at the Comprehensive Plan, Housing Section, on page 8 of 10 you will find the heading Housing Needs and Assistance. It is noted there that:

Okay, that’s it, just wanted to point out some of the topics discussed and where you, as a citizen, could go to find out more information. A final decision on this rezoning will not be made until the next Town Council meeting on November 2, 2009.  (In case you need a reminder, that is the day before the election where Christiansburg citizens get to decide whether they want their town elections to be held in November along with County, School Board, and Delegate elections.)

The bottom line is that once the property is rezoned to R-3, this particular development does not have to go in. The owner can sell the property or do any of the byright uses scheduled for R-3 zoning.  It should be an interesting meeting.