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:
Single-family dwellings, Townhomes, Multiple-family dwellings, Owner occupied rooming and boarding houses (with CUP), Rest homes (with CUP), Clubs and Lodges (with CUP), Home occupations, Professional Offices (with CUP) Condominiums, Portable storage containers.
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:
"The growth of Christiansburg's elderly population is outpacing surrounding localities; the Town must, therefore, consider carefully the neeeds of this group. Elderly persons are often retirees living on fixed incomes. Moreover, mobility is often limited in this age group and living space requirments are lower; proximity to services is a primary concern. There are 3 large elderly housing facilities in Montgomery County, one of which is located near downtown Christiansburg and two which are in close proximity to the Town's northern limits. Considering the availability of services in both the downtown and Route 460/114 areas, both of these areas represent ideal locations for future elderly housing projects within the Town."
In the
Goals, Objectives and Strategies of this same document:
HOUSING GOALS AND OBJECTIVES, Objective 1 (page 9 of the .pdf)
"Strategies...
- d. Encourage the construction of retirement housing. And,
- e. Encourage the construction of nursing homes and housing for the elderly and disabled."
In Section I. Summary of Planning Factors...(page 3) Section 7. Housing, para. 2 gives this information:
- As the Town's population ages, though, there is a concern that the housing needs of the elderly may not be provided for by the existing housing stock. Such factors as the restricted mobility and limited incomes of this population sector should be taken into account and multi-family housing should be provided in close proximity to existing (northern and downtown areas) and developing (Falling Branch area) service centers.
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.