County mulls changes to development rules

Albemarle County officials are considering revisions to an ordinance that allows owners of planned developments to build under the zoning rules that were in place when the projects were approved, even if those rules have since changed.

A round-table discussion, tentatively scheduled for later this month, will allow developers and other interested parties to give their input on the plan to tighten zoning requirements for existing planned developments, said Elaine Echols, senior planner for the county.

The exact date of the meeting has not been set, she said.

The current ordinance allows developers to choose between new zoning regulations or those in existence when their planned development was approved, Echols said.

A possible major change to the ordinance would require property owners to prove they have a vested right to develop property under old zoning regulations or be forced to use new regulations, she said.

“We’re still in the preparation phase of this plan,” Echols said. “The staff has a lot of research to do.”

She said staff is still trying to determine how property owners will prove they have a vested right to the property.

A planned development is land that is zoned with a plan of development in place. The county’s 50 planned developments include residential, commercial, neighborhood model mixed-use and industrial properties.

Albemarle staff is still researching paperwork on each of the county’s planned developments to see which would be affected by the vesting requirement, Echols said.

“It’s too early to give a definite list of who would be affected,” she said.

Neil Williamson, executive director of the Free Enterprise Forum, said changes to the zoning requirements could drastically affect existing planned developments. The Free Enterprise Forum is a nonprofit organization that analyzes local government policy.

Forcing developers to construct projects under new zoning regulations would “move the process backwards quickly,” Williamson said.

“This is a knee-jerk reaction that could make some projects impossible to complete,” he said. “If zoning goes with the land, then this should be an issue that is decided when the property is zoned. If commissioners have concerns about zoning a piece of property, then they should reject the request.”

Williamson said there have only been a few instances in recent years in which developers have chosen to use old zoning regulations to complete new construction. Echols said that most developers instead choose to use existing zoning requirements.

Planning Commission members asked staff to look into tightening zoning regulations in April after a developer came forward with plans to build on property zoned in the 1970s, according to meeting minutes.

A list of proposed changes, which also include minor changes to text in the zoning ordinance, was presented to the Planning Commission in July, Echols said.

Marcia Joseph, at-large planning commissioner, said a recent lull in zoning requests has given the commission time to look into tightening the ordinance. She said streamlining regulations for all developers would ensure current standards are met.

“We’re taking a breather now and having a chance to look at things that need to be taken care of,” Joseph said. “We want to be fair to the people who are developing now and the neighbors who are expecting the same [zoning] requirements for everyone.”

Jay Willer, executive vice president of the Blue Ridge Home Builders Association in Charlottesville, said developers appreciate having their voices heard, but they hope it will lead to a plan that is fair.

The association represents builders and building suppliers in Central Virginia.

“We just hope they listen to our concerns and take those into account when they make changes,” Willer said. “The devil is always in the details.”

The Planning Commission must also hold a public hearing before any recommendations about the zoning ordinance can be made to the Albemarle Board of Supervi-sors for its approval.