HomeMy WebLinkAboutZTA201800002 Staff Report 2019-02-06 (9)COUNTY OF ALBEMARLE
TRANSMITTAL TO THE BOARD OF SUPERVISORS
SUMMARY OF PLANNING COMMISSION ACTION
AGENDA TITLE:
ZTA 2018-02 Uses on commercially zoned
properties not served by public water or approved
central water supplies (previously referred to as
"ZTA 2018-02 Commercial and Industrial Zoned
Properties not served by public water or central
water supply systems in the Rural Area of the
Comprehensive Plan.")
SU BJ ECT/PROPOSAL/REQU EST:
Amend the Zoning Ordinance to require a special
use permit for automobile service stations,
convenience stores, and restaurants in the C-1, CO,
and HC zoning districts if they are not served by
public water or an approved central water supply; to
add uses that are allowed by -right in the Rural Areas
zoning district to be allowed by -right in the C-1, CO,
and HC zoning districts if they are not served by
public water or an approved central water supply;
and other related changes.
AGENDA DATE: February 6, 2019
STAFF CONTACT(S):
Richardson, Walker, Kamptner, Herrick,
Fritz
PRESENTER (S):
Bill Fritz
BACKGROUND:
At its meeting on December 11, 2018, the Planning Commission unanimously voted to recommend
approval of ZTA 2018-02 with the recommendation that the ordinance include the language proposed in
August 2018 to allow all by -right uses if they are within existing buildings. The Commission also
recommended additional engagement of potentially impacted property owners.
DISCUSSION:
Staff has identified all properties zoned commercially that have a public water service designation of no
service, limited service, or service only to existing structures. This resulted in 37 unique property owners
being identified. Staff has notified those property owners of the proposed amendment and public hearing.
It is not possible to identify all potentially impacted properties as there may be properties that are
designated to have public water but cannot connect to public water due to cost or technical
considerations.
The attached draft proposed ordinance includes the change recommended by the Planning Commission,
to include a provision allowing by -right uses within existing structures not served by public water or a
central water supply.
Staff has also made minor changes to the ordinance. These changes are technical clarifications or
organizational and are not significant and do not change the nature or impact of the amendment.
The Planning Commission noted that this amendment does not address the 400 gallons/day/acre issue
for all uses and recognized that this is a first step in the process of addressing the issue. The
Commission noted that, to be consistent with the Comprehensive Plan for the Rural Area, change should
occur slowly.
RECOMMENDATIONS:
The Planning Commission and staff recommend that the Board adopt the attached Ordinance to approve
ZTA 2018-02.
ATTACHMENTS:
A — Planning Commission staff report
B — December 11, 2018 Planning Commission Action Letter
C — December 11, 2018 Planning Commission minutes
D — Letters from the public
E — Proposed Ordinance
Draft: January 29, 2019
ORDINANCE NO. 19-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE III, DISTRICT REGULATIONS,
OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article III, District Regulations, is hereby amended and reordained as follows:
By Amending:
Sec. 22.2.1
By right.
Sec. 22.2.2
By special use permit.
Sec. 23.2.1
By right.
Sec. 23.2.2
By special use permit.
Sec. 24.2.1
By right.
Sec. 24.2.2
By special use permit.
Chapter 18. Zoning
Article III. District Regulations
Section 22. Commercial — C-1
Sec. 22.2 Permitted uses.
Sec. 22.2.1 By right.
The following uses shall be permitted in any C-1 district, subject to the applicable requirements of
this chapter. The zoning administrator, after consultation with the director of planning and other
appropriate officials, may permit as a use by right, a use not specifically permitted; provided that
such use shall be similar to uses permitted by right in general character and more specifically,
similar in terms of locational requirements, operational characteristics, visual impact and traffic
generation. Appeals from the zoning administrator's decision shall be as generally provided in
section 34.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary
and wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
Draft: January 29, 2019
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
16. Farmers' markets (reference 5.1.47).
17. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area
of the establishment may exceed 4,000 square feet per site by special exception approved
by the board of supervisors.
18. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area
of the establishment may exceed 4,000 square feet per site by special exception approved
by the board of supervisors.
19. Drive-through windows (reference 5.1.60). (Added 3-2-16)
b. The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Religious assembly use, cemeteries. (Amended 8-9-17)
4. Clubs, lodges (reference 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries, dry cleaners.
11. Laundromat (provided that an attendant shall be on duty at all hours during operation).
12. Libraries, museums.
2
Draft: January 29, 2019
13. Nurseries, day care centers (reference 5.1.06).
15. Tailor, seamstress.
16. ALA"9rrrovne sei=yiees stations (refer -e a S� z:iv).
17. Water, sewer, energy and communications distribution facilities.
18. Public uses (reference 5.1.12).
19. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
20. Dwellings (reference 5.1.21).
21. (Repealed 4-3-13)
22. Automobile, truck repair shop excluding body shop.
23. Temporary industrialized buildings (reference 5.8).
24. Indoor athletic facilities.
25. (Repealed 5-5-10)
26. Stormwater management facilities shown on an approved final site plan or subdivision
plat.
27. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
c. If the use is served by either public water or an approved central water supply:
1. Automobile service stations (reference 5.1.20).
2. Convenience stores.
3. Eating establishments.
d. Uses permitted by right in the Rural Areas (RA) district pursuant to section 10.2.1 provided
that the use is not served by either public water or an approved central water supply.
e. Any use listed in subsections 22.2.1(a) -(c) not served by either public water or an approved
central water supply, provided that: (i) the use is within a structure lawfully existing or vested
on February 6, 2019: (ii) no external change on the property occurs other than maintenance or
signage changes: and (iii) the use is not subject to a special use permit issued under
subsection 22.2.2(11).
(§ 20-22.2.1, 12-10-80; 6-3-81; 3-5-86; 9-9-92; 5-2-93; 9-14-93; 10-11-95; Ord. 02-18(6), 10-9-02; Ord.
04-18(2), 10-13-04; Ord. 10-18(4), 5-5-10; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16; Ord. 17-18(4),
8-9-17; Ord. 18-18(1), 1-10-18)
Draft: January 29, 2019
Sec. 22.2.2 By special use permit.
The following uses shall be permitted only by special use permit approved by the board of
supervisors:
1. Commercial recreation establishments including but not limited to amusement centers, bowling
alleys, pool halls and dance halls.
2. Energy and communications transmission facilities.
3. Hospitals.
4. (Repealed 8-9-17)
5. Veterinary office and hospital (reference 5.1.11).
6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the
comprehensive plan.
9. Stand alone parking and parking structures (reference 4.12, 5.1.41).
10. (Repealed 3-2-16)
11. Except as provided in subsection 22.2.2(16). uJJses permitted by right; that are either:
a. nNot served by public water, involving water consumption exceeding four hundred
(400) gallons per site acre per day; and/or
b. nNot served by public sewer, involving anticipated discharge of sewage other than
domestic wastes.
Any use authorized by a special use permit approved before February 6, 2019 under this
subsection continues as a special use, provided that: (i) the use complies with all conditions
of the special use permit: and (ii) any amendment to the special use permit is processed as an
application under either this subsection or subsection 22.2.2(16), as applicable.
12. Body shop.
13. Animal shelter (reference 5.1.11).
14. Tier III personal wireless service facilities (reference 5.1.40).
15. Storage/Warehousing/Distribution/Transportation.
16. If the use is not served by either public water or an approved central water supply:
a. Automobile service stations (reference 5.1.201.
b. Convenience stores.
4
Draft: January 29, 2019
c. Eating establishments.
(§ 20-22.2.2,12-10-80; 1-1-83; 6-1-83; 11-7-84; 6-14-89; 9-9-92; 6-16-99; Ord. 03-18(l),2-5-03; Ord. 04-
18(2), 10-13-04; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16; Ord. 17-18(4), 8-9-17)
Section 23. Commercial Office — CO
Sec. 23.2 Permitted uses.
Sec. 23.2.1 By right.
The following uses shall be permitted in the CO district, subject to the applicable requirements of
this chapter:
1. Administrative and business offices.
2. Professional offices, including medical, dental and optical.
3. Financial institutions.
4. Religious assembly use. (Amended 8-9-17)
5. Libraries, museums.
6. Accessory uses and structures incidental to the principal uses provided herein. The aggregate
of all accessory uses shall not occupy more than twenty (20) percent of the floor area of the
buildings on the site. The following accessory uses shall be permitted:
Eating establishments
-Newsstands;
-Establishments for the sale of office supplies and service of office equipment;
-Data processing services;
-Central reproduction and mailing services and the like;
-Ethical pharmacies, laboratories and establishments for the production, fitting and/or sale of
optical or prosthetic appliances on sites containing medical, dental or optical offices;
-(Repealed 3-17-82)
-Sale/service of goods associated with the principal use such as, but not limited to: musical
instruments, musical scores, text books, artist's supplies and dancing shoes and apparel;
-Barber shops;
-Beauty shops.
Draft: January 29, 2019
7. Water, sewer, energy and communications distribution facilities.
8. Public uses (reference 5.1.12).
9. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
10. Dwellings (reference 5.1.21).
11. Temporary nonresidential mobile homes (reference 5.8).
12. Day care, child care or nursery facility (reference 5.1.6).
13. Stormwater management facilities shown on an approved final site plan or subdivision plat.
14. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
15. Farmers' markets (reference 5.1.47).
16. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
17. Drive-through windows (reference 5.1.60). (Added 3-2-16)
18. Eating establishments provided that they: (i) are served by either public water or an approved
central water supply; and (ii) comply with the accessory use requirements of subsection
19. Uses permitted by in the Rural Areas (RA) district pursuant to section 10.2.1 provided
that the use is not served by either public water or an approved central water supply.
20. Any use listed in subsections 23.2.1(1)-(18) not served by either public water or an apTroved
central water supply, provided that: (i) the use is within a structure lawfully existing or vested
on February 6.2019: (ii) no external change on the property occurs other than maintenance or
signage changes; and (iii) the use is not subject to a special use permit issued under
subsection 23.2.2(81.
(§ 20-23.2.1, 12-10-80; 3-17-82; 3-5-86; 12-3-86; 11-1-89; 9-9-92; 5-12-93; Ord. 01-18(6), 10-9-01 ;
Ord. 04-18(2), 10-13-04; Ord. 09-18(6), 8-5-09; Ord. 10-18(4), 5-5-10; Ord. 13-18(2), 4-3-13; Ord. 16-
18(2), 3-2-16; Ord. 17-18(4), 8-9-17)
Sec. 23.2.2 By special use permit.
The following uses shall be permitted only by special use permit approved by the board of
supervisors:
1. Hospitals.
2. Funeral homes.
3. Energy and communications transmission facilities.
C9
Draft: January 29, 2019
4. Stand alone parking and parking structures (reference 4.12, 5.1.41).
5. (Repealed 3-2-16)
6. School of special instruction.
7. Clubs, lodges (reference 5.1.2).
8. Except as provided in subsection 23.2.2(181. uJ3ses permitted by right; that are either:
a. nNot served by public water, involving water consumption exceeding four hundred
(400) gallons per site acre per day; and/or
b. nNot served by public sewer, involving anticipated discharge of sewage other than
domestic wastes.
Any use authorized by a special use permit approved before February 6. 2019 under this
subsection continues as a special use, provided that: (i) the use complies with all conditions of
the special use permit: and (ii) any amendment to the special use permit is processed as an
application under either this subsection or subsection 23.2.2(18), as applicable.
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential R-15. in compliance with regulations set forth therein.
10. Hotels, motels and inns (reference 9.0).
11. Supporting commercial uses (reference 9.0).
12. (Repealed 8-9-17)
13. (Repealed 8-9-17)
14. Indoor athletic facilities.
15. Tier III personal wireless service facilities (reference 5.1.40).
16. Storage/Warehousing/Distribution/Transportation.
17. Manufacturing/Processing/Assembly/Fabrication/Recycling.
18. Eating establishments not served by either public water or an approved central water supply
provided that the eating establishment complies with the accessory use requirements of
subsection 23.2.1(61.
(§ 20-23.2.2, 12-10-80; 11-7-84; 1-1-87; 6-14-89; 6-19-91; 6-10-92; 9-15-93; Ord. 03-18(1), 2-5-03; Ord.
04-18(2), 10-13-04; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16; Ord. 17-18(4), 8-9-17)
VA
Section 24. Highway Commerical — HC
Sec. 24.2 Permitted uses.
Sec. 24.2.1 By right.
Draft: January 29, 2019
The following uses shall be permitted in any HC district, subject to the applicable requirements of
this chapter. The zoning administrator, after consultation with the director of planning and other
appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that
such use shall be similar to uses permitted by right in general character, and more specifically,
similar in terms of locational requirements, operational characteristics, visual impact and traffic
generation. Appeals from the zoning administrator's decision shall be as generally provided in
section 34.
1. Automobile laundries.
2. Automobile, truck repair shops.
3.Autei setwieest-ations (r-e€er-enee 5.1.20)
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges (reference 5.1.02).
7. Genvenienee stores.
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and
other repair and maintenance services.
M
Draft: January 29, 2019
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Manufactured home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Ea4iag establishmefAs; fast food .
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
35. Water, sewer, energy and communications distribution facilities.
36. Public uses (reference 5.1.12).
37. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
38. Indoor theaters.
39. Heating oil sales and distribution (reference 5.1.20).
40. Temporary industrialized buildings (reference 5.8).
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22. 1, commercial, C-1.
42. Indoor athletic facilities.
43. Farmers' market (reference 5.1.47).
9
Draft: January 29, 2019
44. Stormwater management facilities shown on an approved final site plan or subdivision plat.
45. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40).
46. Storage yards.
47. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
48. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
49. Storage/Warehousing/Distribution/Transportation; gross floor area of the establishment does
not exceed 4,000 square feet per site; provided that the gross floor area of the establishment
may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
50. Drive-through windows (reference 5.1.60). (Added 3-2-16)
51. If the use is served by either public water or an approved central water supply:
a. Automobile service stations (reference 5.1.201.
b. Convenience stores.
c. Eating establishments: fast food restaurants.
52. Uses permitted by right in the Rural Areas (RA) district pursuant to section 10.2. l.provided
that the use is not served by either public water or an approved central water supply.
53. Any use listed in subsection 24.2.1(1)-(51)1 not served by either public water or an approved
central water supply, provided that: (i) the use is within a structure lawfully existing or vested
on February 6.2019: (ii) no external change on the property occurs other than maintenance or
signage changes; and (iii) the use is not subject to a special use permit issued under
subsection 24.2.2(131.
(§ 20-24.2.1, 12-10-80; 6-3-81; 3-5-86; 11-1-89; 6-19-91; 9-9-92; 5-12-93; 9-15-93; 10-11-95; § 18-
24.2.1, Ord. 98-A(1), 8-5-98; Ord.02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08;
Ord. 10-18(4), 5-5-10; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16; Ord. 18-18(1), 1-10-18)
Sec. 24.2.2 By special use permit.
The following uses shall be permitted by special use permit in the HC district:
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls.
2. Septic tank sales and related service.
3. Livestock sales.
Draft: January 29, 2019
4. Veterinary office and hospital (reference 5.1.11).
5. Drive-in theaters (reference 5.1.08).
6. Energy and communications transmission facilities (reference 5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Auction houses.
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein.
10. Commercial kennels - indoor only (reference 5.1.11).
11. Stand alone parking and parking structures (reference 4.12, 5.1.41).
12. (Repealed 3-2-16)
13. Except as provided in subsection 24.2.2(18), uUses permitted by right; that are either:
a. allot served by public water, involving water consumption exceeding four hundred
(400) gallons per site acre per day; and/or
b. allot served by public sewer, involving anticipated discharge of sewage other than
domestic wastes.
Any use authorized by a special use permit approved before February 6, 2019 under this
subsection continues as a special use, provided that: (i) the use complies with all conditions
of the special use permit: and (ii) any amendment to the special use permit is processed as an
application under either this subsection or subsection 24.2.2(18), as applicable.
14. Warehouse facilities not permitted under section 24.2.1 (reference 9.0).
15. Animal shelter (reference 5.1.11).
16. Tier III personal wireless service facilities (reference 5.1.40).
17. Body shops.
18. If the use is not served by either public water or an approved central water supply:
a. Automobile service stations (reference 5.1.201.
b. Convenience stores.
c. Eating establishments: fast food restaurants.
(§ 20-24.2.2, 12-10-80; 1-1-83; 11-7-84; 6-14-89; 6-19-91; 9-9-92; § 18-24.2.2, Ord. 98-A(1), 8-5-98;
Ord. 99-18(4), 6-16-99; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord.
11-18(2), 1-12-11; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16)
Draft: January 29, 2019
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to, as
recorded below, at a regular meeting held on
Aye Nay
Mr. Dill
Mr. Gallaway
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Clerk, Board of County Supervisors
12
Draft: January 22, 2019
ORDINANCE NO. 19-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE III, DISTRICT REGULATIONS,
OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article III, District Regulations, is hereby amended and reordained as follows:
By Amending:
Sec. 22.2.1
By right.
Sec. 22.2.2
By special use permit.
Sec. 23.2.1
By right.
Sec. 23.2.2
By special use permit.
Sec. 24.2.1
By right.
Sec. 24.2.2
By special use permit.
Chapter 18. Zoning
Article III. District Regulations
Section 22. Commercial — C-1
Sec. 22.2 Permitted uses.
Sec. 22.2.1 By right.
The following uses shall be permitted in any C-1 district, subject to the applicable requirements of
this chapter. The zoning administrator, after consultation with the director of planning and other
appropriate officials, may permit as a use by right, a use not specifically permitted; provided that
such use shall be similar to uses permitted by right in general character and more specifically,
similar in terms of locational requirements, operational characteristics, visual impact and traffic
generation. Appeals from the zoning administrator's decision shall be as generally provided in
section 34.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary
and wine and cheese shops.
7. Furniture and home appliances (sales and service).
Draft: January 22, 2019
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
16. Farmers' markets (reference 5.1.47).
17. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area
of the establishment may exceed 4,000 square feet per site by special exception approved
by the board of supervisors.
18. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area
of the establishment may exceed 4,000 square feet per site by special exception approved
by the board of supervisors.
19. Drive-through windows (reference 5.1.60). (Added 3-2-16)
b. The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Religious assembly use, cemeteries. (Amended 8-9-17)
4. Clubs, lodges (reference 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries, dry cleaners.
11. Laundromat (provided that an attendant shall be on duty at all hours during operation).
2
Draft: January 22, 2019
12. Libraries, museums.
13. Nurseries, day care centers (reference 5.1.06).
14. Eating establishmei4s,
15. Tailor, seamstress.
16. Automobile S2f-�,iees stations (reior-efiee
17. Water, sewer, energy and communications distribution facilities.
18. Public uses (reference 5.1.12).
19. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
20. Dwellings (reference 5.1.21).
21. (Repealed 4-3-13)
22. Automobile, truck repair shop excluding body shop.
23. Temporary industrialized buildings (reference 5.8).
24. Indoor athletic facilities.
25. (Repealed 5-5-10)
26. Stormwater management facilities shown on an approved final site plan or subdivision
plat.
27. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40).
c. If the use is served by either public water or an approved central water supply:
1. Automobile service stations (reference 5.1.201.
2. Convenience stores.
3. Restaurants.
d. Uses permitted by right in the Rural Areas (RA) district pursuant to section 10.2.1. provided
that the use is not served by either public water or an approved central water supply.
e. Any use listed in subsections 22.2.1(a) -(c) not served by either public water or an approved
central water supply, provided that: (i) the use is within a structure lawfully existing or vested
on February -6, 2019; (ii) no external change on the property occurs other than maintenance or
signage changes: and (iii) the use is not subject to a special use permit issued under
subsection 22.2.2(11).
(§ 20-22.2.1, 12-10-80; 6-3-81; 3-5-86; 9-9-92; 5-2-93; 9-14-93; 10-11-95; Ord. 02-18(6), 10-9-02; Ord.
04-18(2), 10-13-04; Ord. 10-18(4), 5-5-10; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16; Ord. 17-18(4),
8-9-17; Ord. 18-18(1), 1-10-18)
Draft: January 22, 2019
Sec. 22.2.2 By special use permit.
The following uses shall be permitted only by special use permit approved by the board of
supervisors:
1. Commercial recreation establishments including but not limited to amusement centers, bowling
alleys, pool halls and dance halls.
2. Energy and communications transmission facilities.
3. Hospitals.
4. (Repealed 8-9-17)
5. Veterinary office and hospital (reference 5.1.11).
6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the
comprehensive plan.
9. Stand alone parking and parking structures (reference 4.12, 5.1.41).
10. (Repealed 3-2-16)
11. Except as provided in subsection 22.2.2(16). uJJses permitted by right; that are either:
a. nNot served by public water, involving water consumption exceeding four hundred
(400) gallons per site acre per day; and/or
b. nNot served by public sewer, involving anticipated discharge of sewage other than
domestic wastes.
Any use authorized by a special use permit approved before February 6, 2019 under this
subsection continues as a special use, provided that: (i) the use complies with all conditions
of the special use permit: and (ii) any amendment to the special use permit is processed as an
application under either this subsection or subsection 22.2.2(16), as applicable.
12. Body shop.
13. Animal shelter (reference 5.1.11).
14. Tier III personal wireless service facilities (reference 5.1.40).
15. Storage/Warehousing/Distribution/Transportation.
16. If the use is not served by either public water or an approved central water supply:
a. Automobile service stations (reference 5.1.201.
b. Convenience stores.
4
Draft: January 22, 2019
c. Restaurants.
(§ 20-22.2.2,12-10-80; 1-1-83; 6-1-83; 11-7-84; 6-14-89; 9-9-92; 6-16-99; Ord. 03-18(t),2-5-03; Ord. 04-
18(2), 10-13-04; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16; Ord. 17-18(4), 8-9-17)
Section 23. Commercial Office — CO
Sec. 23.2 Permitted uses.
Sec. 23.2.1 By right.
The following uses shall be permitted in the CO district, subject to the applicable requirements of
this chapter:
1. Administrative and business offices.
2. Professional offices, including medical, dental and optical.
3. Financial institutions.
4. Religious assembly use. (Amended 8-9-17)
5. Libraries, museums.
6. Accessory uses and structures incidental to the principal uses provided herein. The aggregate
of all accessory uses shall not occupy more than twenty (20) percent of the floor area of the
buildings on the site. The following accessory uses shall be permitted:
Eating establishments
-Newsstands;
-Establishments for the sale of office supplies and service of office equipment;
-Data processing services;
-Central reproduction and mailing services and the like;
-Ethical pharmacies, laboratories and establishments for the production, fitting and/or sale of
optical or prosthetic appliances on sites containing medical, dental or optical offices;
-(Repealed 3-17-82)
-Sale/service of goods associated with the principal use such as, but not limited to: musical
instruments, musical scores, text books, artist's supplies and dancing shoes and apparel;
-Barber shops;
-Beauty shops.
7. Water, sewer, energy and communications distribution facilities.
Draft: January 22, 2019
8. Public uses (reference 5.1.12).
9. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
10. Dwellings (reference 5.1.21).
11. Temporary nonresidential mobile homes (reference 5.8).
12. Day care, child care or nursery facility (reference 5.1.6).
13. Stormwater management facilities shown on an approved final site plan or subdivision plat.
14. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40).
15. Farmers' markets (reference 5.1.47).
16. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
17. Drive-through windows (reference 5.1.60). (Added 3-2-16)
18. Restaurants, provided that it: (i) is served by either public water or an approved central water
supply: and (ii) complies with the accessory use requirements of subsection 23.2.1(6).
19. Uses permitted by right in the Rural Areas (RA) district pursuant to section 10.2.1.provided
that the use is not served by either public water or an approved central water supply.
20. Any use listed in subsections 23.2.1(1)-(18) not served by either public water or an approved
central water supply, provided that: (i) the use is within a structure lawfully existing or vested
on February 6.2019: (ii) no external change on the property occurs other than maintenance or
signagecanges; and (iii) the use is not subject to a special use permit issued under
subsection 23.2.2(81.
(§ 20-23.2.1, 12-10-80; 3-17-82; 3-5-86; 12-3-86; 11-1-89; 9-9-92; 5-12-93; Ord. 01-18(6), 10-9-01 ;
Ord. 04-18(2), 10-13-04; Ord. 09-18(6), 8-5-09; Ord. 10-18(4), 5-5-10; Ord. 13-18(2), 4-3-13; Ord. 16-
18(2), 3-2-16; Ord. 17-18(4), 8-9-17)
Sec. 23.2.2 By special use permit.
The following uses shall be permitted only by special use permit approved by the board of
supervisors:
1. Hospitals.
2. Funeral homes.
3. Energy and communications transmission facilities.
4. Stand alone parking and parking structures (reference 4.12, 5.1.41).
5. (Repealed 3-2-16)
C:7
Draft: January 22, 2019
6. School of special instruction.
7. Clubs, lodges (reference 5.1.2).
8. Except as provided in subsection 23.2.2(18). uUses permitted by right; that are either:
a. nNot served by public water, involving water consumption exceeding four hundred
(400) gallons per site acre per day; and/or
b. allot served by public sewer, involving anticipated discharge of sewage other than
domestic wastes.
Any use authorized by a special use permit approved before February 6. 2019 under this
subsection continues as a special use, provided that: (i) the use complies with all conditions of
the special use permit: and (ii) any amendment to the special use permit is processed as an
application under either this subsection or subsection 23.2.2(18), as applicable.
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential R-15. in compliance with regulations set forth therein.
10. Hotels, motels and inns (reference 9.0).
11. Supporting commercial uses (reference 9.0).
12. (Repealed 8-9-17)
13. (Repealed 8-9-17)
14. Indoor athletic facilities.
15. Tier III personal wireless service facilities (reference 5.1.40).
16. Storage/Warehousing/Distribution/Transportation.
17. Manufacturing/Processing/Assembly/Fabrication/Recycling.
18. Restaurants not served by either public water or an approved central water supply, provided
that the restaurant complies with the accessory use reauirements of subsection 23.2.1(6).
(§ 20-23.2.2, 12-10-80; 11-7-84; 1-1-87; 6-14-89; 6-19-91; 6-10-92; 9-15-93; Ord. 03-18(1), 2-5-03; Ord.
04-18(2), 10-13-04; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16; Ord. 17-18(4), 8-9-17)
Section 24. Highway Commerical — HC
Sec. 24.2 Permitted uses.
Sec. 24.2.1 By right.
The following uses shall be permitted in any HC district, subject to the applicable requirements of
this chapter. The zoning administrator, after consultation with the director of planning and other
fd
Draft: January 22, 2019
appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that
such use shall be similar to uses permitted by right in general character, and more specifically,
similar in terms of locational requirements, operational characteristics, visual impact and traffic
generation. Appeals from the zoning administrator's decision shall be as generally provided in
section 34.
1. Automobile laundries.
2. Automobile, truck repair shops.
1
7. Atite aide sef- -iee statio�Tefe V c�
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges (reference 5.1.02).
:7 Ge1wenieflee St
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and
other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Manufactured home and trailer sales and service.
E:3
Draft: January 22, 2019
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Ea4ifig establishmeffts; fast food .
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
35. Water, sewer, energy and communications distribution facilities.
36. Public uses (reference 5.1.12).
37. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
38. Indoor theaters.
39. Heating oil sales and distribution (reference 5.1.20).
40. Temporary industrialized buildings (reference 5.8).
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22. 1, commercial, C-1.
42. Indoor athletic facilities.
43. Farmers' market (reference 5.1.47).
44. Stormwater management facilities shown on an approved final site plan or subdivision plat.
45. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
46. Storage yards.
47. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
48. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
L1
Draft: January 22, 2019
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
49. Storage/Warehousing/Distribution/Transportation; gross floor area of the establishment does
not exceed 4,000 square feet per site; provided that the gross floor area of the establishment
may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
50. Drive-through windows (reference 5.1.60). (Added 3-2-16)
51. If the use is served by either public water or an approved central water supply:
a. Automobile service stations (reference 5.1.201.
b. Convenience stores.
c. Restaurants.
52. Uses permitted by right in the Rural Areas (RA) district pursuant to section 10.2.1. provided
that the use is not served by either public water or an approved central water supply.
53. Any use listed in subsection 24.2.1(1)-(51)1 not served by either public water or anapproved
central water supply, provided that: (i) the use is within a structure lawfully existing or vested
on February -6, 2019; (ii) no external change on the property occurs other than maintenance or
signageges; and (iii) the use is not subject to a special use permit issued under
subsection 24.2.2(13).
(§ 20-24.2.1, 12-10-80; 6-3-81; 3-5-86; 11-1-89; 6-19-91; 9-9-92; 5-12-93; 9-15-93; 10-11-95; § 18-
24.2.1, Ord. 98-A(1), 8-5-98; Ord.02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08;
Ord. 10-18(4), 5-5-10; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16; Ord. 18-18(1), 1-10-18)
Sec. 24.2.2 By special use permit.
The following uses shall be permitted by special use permit in the HC district:
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls.
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
5. Drive-in theaters (reference 5.1.08).
6. Energy and communications transmission facilities (reference 5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Auction houses.
Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein.
Draft: January 22, 2019
10. Commercial kennels - indoor only (reference 5.1.11).
11. Stand alone parking and parking structures (reference 4.12, 5.1.41).
12. (Repealed 3-2-16)
13. Except as provided in subsection 24.2.2(18). uUses permitted by right; that are either:
a. allot served by public water, involving water consumption exceeding four hundred
(400) gallons per site acre per day; and/or
b. nNot served by public sewer, involving anticipated discharge of sewage other than
domestic wastes.
Any use authorized by a special use permit approved before February 6, 2019 under this
subsection continues as a special use, provided that: (i) the use complies with all conditions
of the special use permit: and (ii) any amendment to the special use permit is processed as an
application under either this subsection or subsection 24.2.2(18), as applicable.
14. Warehouse facilities not permitted under section 24.2.1 (reference 9.0).
15. Animal shelter (reference 5.1.11).
16. Tier III personal wireless service facilities (reference 5.1.40).
17. Body shops.
18. If the use is not served b,, either water or an approved central water supply:
a. Automobile service stations (reference 5.1.201.
b. Convenience stores.
c. Restaurants.
(§ 20-24.2.2, 12-10-80; 1-1-83; 11-7-84; 6-14-89; 6-19-91; 9-9-92; § 18-24.2.2, Ord. 98-A(1), 8-5-98;
Ord. 99-18(4), 6-16-99; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord.
11-18(2), 1-12-11; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16)
1, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to, as
recorded below, at a regular meeting held on
Aye Nay
Mr. Dill
Mr. Gallaway
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Clerk, Board of County Supervisors
11
STAFF CONTACT: William D. Fritz, AICP
PLANNING COMMISSION: December 11, 2018
BOARD OF SUPERVISORS: TBD
ZTA 2018-02 Commercial and Industrial Zoned Properties not served by public water or central
water supply systems in the Rural Area of the Comprehensive Plan.
ORIGIN: Resolution of Intent adopted by the Board of Supervisors on February 7, 2018.
PROPOSAL:
The proposed amendment would impact the following uses:
- Eating establishments
- Fast food restaurants
- Automobile service stations
- Convenience stores
The proposed amendment would make these uses by -right in the Commercial (C-1), Commercial Office
(CO) and Highway Commercial (HC) districts if served by public water or a central water system and by
special use permit if not served by public water or a central water system.
The proposed amendment would also make uses permitted by -right in the Rural Areas (RA) district
available to properties zoned Commercial (C-1), Commercial Office (CO) or Highway Commercial (HC)
not served by public water or a central water system.
The proposed ordinance would also clarify that convenience stores are a permitted use in the
Commercial (C-1) by listing them as a specific use. Currently convenience stores are not listed in the
Commercial (C-1) district. However, they are permitted because of a determination by the zoning
administrator that other uses listed in the district are of similar character. This amendment would reduce
confusion and codify long standing practice of the County.
PUBLIC PURPOSE TO BE SERVED:
Amends the Zoning Ordinance to make it more consistent with the Comprehensive Plan.
BACKGROUND: This zoning text amendment (ZTA) was initiated by the Board of Supervisors with a
resolution of intent adopted on February 7, 2018. A round table was held on April 17th. The Planning
commission held a public hearing on May 8th and May 22nd and recommended approval of the ZTA. The
Board of Supervisors held a public hearing on June 13th and deferred action. On August 8th, the Board
held a work session to discuss the review procedures for the ZTA. The Board directed staff to continue
to work on the ZTA. Staff is bringing back the first phase of the ZTA.
STAFF COMMENT:
As directed by the Board, staff has considered a ZTA that addresses both water and land use issues.
Staff has identified a small number of uses that may generate impacts inconsistent with the Rural Area
designation. Those uses are:
- Eating establishments
- Fast food restaurants
- Automobile service stations
- Convenience stores
Page I 1
Some of the impacts that may be generated by these uses include: high traffic volume, extended hours
of operation, lighting, building design inconsistent with the character of the area, high water use
(impacting both well and septic system designs), sound, and smells.
Analysis of the proposed zoning text amendment:
Zoning Ordinance section 33.6(B) establishes factors to be reasonably considered by the Planning
Commission and Board of Supervisors in the review of ZTAs. Each factor is reviewed below:
(i) the existing use and character of property
Properties served by public water or central water system are located in the development areas or have
otherwise been identified by the Board by prior actions to be suitable for development. The Board's
actions to identify properties as suitable for intense development occurred by either placing them within
the Albemarle County Service Authority jurisdictional area or approving a central water system.
The Board also has zoned properties as either commercial or industrial in prior actions. However, since
the adoption of the zoning, either as part of the 1980 comprehensive rezoning or by individual applicant -
initiated rezonings, the Comprehensive Plan has been amended and the character of the County has
changed or potentially changed in various locations. This change warrants a re-evaluation of the
character of affected properties, and the special use permit process allows this reevaluation to occur. If
this ZTA were approved, certain currently existing uses would become non -conforming, and would either
be subject to the provisions of Chapter 6 (Nonconformities) or the conditions of previously approved
special use permits.
the Comprehensive Plan
Attachment C includes various Goals and Strategies from the Comprehensive Plan. The overriding
concept is the difference between the Rural Area and Development Area. An ideal ordinance would
make a distinction in the permitted uses based on the parcel's designation in the Comprehensive Plan.
However, because the Comprehensive Plan lacks the necessary level of specificity, staff has utilized
service by public water or central water system as the best parcel by parcel identification of the Board's
intent for by -right intense development of a property. Below, staff will analyze various chapters, goals,
strategies and objectives of the Comprehensive Plan.
Rural Area vs. Development Areas
The Comprehensive Plan repeatedly emphasizes that development should occur within the Development
Areas, with only limited exceptions. For example, the Growth Management chapter states as a strategy:
"Continue to encourage approval of new development proposals in the Development Areas as the
designated location for new residential, commercial, industrial, and mixed-use development. Only
approve new development proposals in the Rural Area that are supported by Rural Area goals,
objectives, and strategies." This ZTA would allow the Board to analyze the uses proposed in the Rural
Area (of the Comprehensive Plan) to determine if they are consistent with the Comprehensive Plan's
goals and strategies.
Interstate Interchange and Economic Development
The Economic Development chapter states as an objective: "Promote economic development activities
that help build on the County's assets while recognizing distinctions between expectations for the
Development Areas and the Rural Area." During the review of a special use permit, the Board is able to
analyze how a proposed project may support this objective.
The Comprehensive Plan acknowledges the value of the interstate interchanges located in the County,
and that each of these interchanges has a unique character. This ZTA would allow review of individual
Page 12
development proposals to determine if the proposed use were consistent with the character of the
interchange area.
The Comprehensive Plan speaks to by -right uses at interstate interchanges by stating: "Uses allowed by
right in the Rural Area are appropriate at interchanges". This ZTA would allow Rural Area (RA) district
uses by -right on commercially zoned properties.
Rural Crossroads
As a strategy, the Comprehensive Plan states in part: "Crossroads communities are intended to provide
only essential goods and services for their immediate area. Therefore, they should be limited in size, with
carefully delineated permissible uses. Reusing existing buildings, especially historic buildings, is
preferable to building new structures". This ZTA would allow the Board to review individual projects on a
site by site and project by project basis to determine if they were supportive of the Comprehensive Plan.
(iii) the suitability of property for various uses
Each commercial district includes a stated intent of the district. (Attachment D) The intent of each district
is unique. However, the ordinance's general intent statement for commercial districts includes the
following:
To these ends, activities involving retail, wholesale and service business shall be permitted at
appropriate locations within areas designated as the urban area, communities and villages in the
comprehensive plan.
This ZTA would allow for an individual analysis of each property not served by public water, to determine
if the character of the property were suitable for the proposed use. During the review of a special use
permit, the Board considers the following factors (Reference Section 33.40(B))
1. No substantial detriment. Whether the proposed special use will be a substantial
detriment to adjacent parcels.
2. Character of the nearby area is unchanged. Whether the character of the adjacent
parcels and the nearby area will be changed by the proposed special use.
3. Harmony. Whether the proposed special use will be in harmony with the purpose and
intent of this chapter, with the uses permitted by right in the district, with the regulations
provided in Section 5 as applicable, and with the public health, safety, and general
welfare.
4. Consistency with the Comprehensive Plan. Whether the proposed special use will be
consistent with the Comprehensive Plan.
In addition to considering these factors, the Board may impose reasonable conditions to address any
possible impacts of a special use permit.
The special use permit process allows the County to determine the suitability of an individual property for
various uses.
(iv) the trends of growth or chan
As stated previously, the properties impacted by this ZTA were rezoned in the comprehensive 1980
rezoning or by applicant -initiated rezoning. Since then, the Comprehensive Plan has been amended, in
most cases it has been amended several times. This ZTA would acknowledge the changes that have
occurred in the County.
(v) the current and future requirements of the community as to land for various purposes as
Page 13
determined by population and economic studies and other studies
The County requires commercial properties to serve the needs and desires of the community. This ZTA
would not eliminate any commercial land nor would it automatically remove allowable uses on a property.
It would require special use permit in certain cases, which may be denied. During the special use permit
review, the Board can consider individual projects' consistency with the Comprehensive Plan and the
needs of the community.
(vi) the community's transportation requirements
This ZTA would enable the Board to evaluate individual projects' impact on the community transportation
requirements to a greater degree than if the uses were by -right.
(vii) the requirements for airports, housing, schools, parks, playgrounds, recreation areas, and
other Dublic services
This ZTA would have no impact on this provision.
(viii) the conservation of natural resources
For those properties not served by public water or a central system, this ZTA would allow for an analysis
of individual proposals' impact on natural resources.
(ix) preserving flood plains
This ZTA would have no impact on this provision.
(x) protecting life and property from impounding structure failures
This ZTA would have no impact on this provision.
(xi) preserving agricultural and forestal land
This ZTA would enable the Board to review the impacts of specific proposed developments on the
agricultural and forestal lands of the County.
(xii) conserving properties and their values
This ZTA would not eliminate uses. It may make some currently by -right uses allowable only by special
use permit. A reduction in by -right uses may reduce the value of a specific parcel. However, under the
existing ordinance, adverse impacts of commercial development may reduce the value of adjacent rural
land. Approval of this ZTA would allow the individual review of certain special use permit applications.
During that review, the potential negative impacts on property values may be considered.
(xiii) encouraging the most appropriate use of land throughout the County
In staff's opinion, this ZTA would be consistent with the Comprehensive Plan. Through the special use
permit review process, the Board can encourage and support appropriate land uses.
Strategic Plan:
Rural Area Character: Preserve the character of rural life with thriving farms and forests, traditional
crossroad communities, and protected scenic areas, historic sites, and biodiversity
Page 14
This proposed ordinance will be reviewed by the three (3) criteria previously established by the Board for
amendments:
Administration/Review Process: The proposed amendment would eliminate the analysis required to
determine the water consumption of certain uses, for those sites not served by public water or a central
water system. This process is time-consuming for both the applicant and the County and has resulted in
lengthy appeals. The amendment would simply require a special use permit for certain proposed uses
not served by public water or a central water system. Special use permits are discretionary and take
more time than by -right reviews.
Housing Affordability: This proposal would have no impact on housing affordability.
Implications to Staffing/Staffing Costs: The analysis required to determine the need for a special use
permit can be time consuming and complex. This amendment would eliminate this analysis for certain
uses. The resources used to process a special use permit are less than those associated with the
determination of a need for a special use permit and the subsequent review of the special use permit.
RECOMMENDED ACTION:
Staff recommends approval of the proposed ZTA.
ATTACHMENTS
Attachment A — Resolution of Intent
Attachment B — Proposed Ordinance Language
Attachment C — Comprehensive Plan
Attachment D — Purpose and intent of commercial districts
Page 15
Bill Fritz
From: Hays Lantz <hayslantz@gmail.com>
Sent: Wednesday, December 5, 2018 12:17 PM
To: Bill Fritz
Subject: Amendment
Board of Supervisors wants to enact a zoning text amendment that will require that any future gas stations or
convenience stores proposed in a Rural Area not served by public water be required to obtain a special use permit. I am
totally in agreement with this amendment. Thank you.
Hays Lantz, Jr., PhD
4640 Vista Cy
Troy, Va
Sent from Gmaii Mobile
December 11, 2018
Planning Commission
County of Albemarle
403 McIntire Road
Charlottesville, VA 22902
Dear Commissioners,
I am the owner of a popular local business with two locations in Albemarle County, Kohr Brothers
Frozen Custard. I also own two commercial properties in Albemarle County that I bought within
the past 13 years as personal investments. These properties are located along Route 250, just east
of the I-64 interchange at Pantops.
Earlier this year, the County considered a zoning text amendment language (ZTA 2018-0002) that
would have downzoned my properties and severely restricted the by -right uses that would be
permitted on them. This proposal was put on hold after numerous property owners and citizens
spoke against it and the immense negative impact it would have on property owners' rights and the
value of their properties.
I now find out that once again the County is considering, with little notice to property owners
affected, changes to existing zoning that down zones their properties. In my case, my properties
are zoned Highway Commercial (HC). The new ordinance being considered tonight will
severally impact my properties by making certain uses now allowed by right permitted only by
special use permit since my properties are not served by public water or sewer. In particular, the
use of eating establishments which is now permitted would in the future only be allowed by a
special use permit. This would make my existing frozen custard business non -conforming. The
County should not be making well-established, existing businesses that fit well into their
neighborhoods non -conforming.
It is hard for me to understand why these changes are being considered without more input from
property owners affected. I strongly ask that you do not recommend approval of this proposed
zoning change. Instead, you should task staff to work more directly with property owners and
stake holders.on any proposed changes as was publicly promised by the Board back in June.
Sincerely,
Randolph Kohr II
Draft: December 3,2018
ORDINANCE NO. 18-18( )
AN ORDINANCE TO AMEND CHAPTER 18,ZONING,ARTICLE III, DISTRICT REGULATIONS,
OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle,Virginia,that Chapter 18,
Zoning, Article III, District Regulations, is hereby amended and reordained as follows:
By Amending:
Sec. 22.2.1 By right.
Sec. 22.2.2 By special use permit.
Sec. 23.2.1 By right.
Sec. 23.2.2 By special use permit.
Sec. 24.2.1 By right.
Sec. 24.2.2 By special use permit.
Chapter 18. Zoning
Article III. District Regulations
Section 22. Commercial—C-1
Sec.22.2 Permitted uses.
Sec.22.2.1 By right.
The following uses shall be permitted in any C-1 district, subject to the applicable requirements of
this chapter. The zoning administrator, after consultation with the director of planning and other
appropriate officials, may permit as a use by right, a use not specifically permitted; provided that
such use shall be similar to uses permitted by right in general character and more specifically,
similar in terms of locational requirements, operational characteristics, visual impact and traffic
generation. Appeals from the zoning administrator's decision shall be as generally provided in
section 34.
a. The following retail sales and service establishments:
1. Antique, gift,jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary
and wine and cheese shops.
7. Furniture and home appliances(sales and service).
8. Hardware store.
1
ATTACHMENT B
Draft: December 3,2018
9. Musical instruments.
10. Newsstands, magazines,pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
16. Farmers' markets(reference 5.1.47).
17. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area
of the establishment may exceed 4,000 square feet per site by special exception approved
by the board of supervisors.
18. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area
of the establishment may exceed 4,000 square feet per site by special exception approved
by the board of supervisors.
19. Drive-through windows(reference 5.1.60). (Added 3-2-16)
b. The following services and public establishments:
1. Administrative,professional offices.
2. Barber, beauty shops.
3. Religious assembly use, cemeteries. (Amended 8-9-17)
4. Clubs, lodges (reference 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations(reference 5.1.09).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries, dry cleaners.
11. Laundromat(provided that an attendant shall be on duty at all hours during operation).
12. Libraries,museums.
2
ATTACHMENT B
Draft: December 3,2018
13. Nurseries, day care centers(reference 5.1.06).
14. Eating establishments served by public water or a central water system.
15. Tailor, seamstress.
16. Automobile service stations (reference 5.1.20) served by public water or a central water
system.
17. Water, sewer, energy and communications distribution facilities.
18. Public uses(reference 5.1.12).
19. Temporary construction headquarters and temporary construction storage yards(reference
5.1.18).
20. Dwellings(reference 5.1.21).
21. (Repealed 4-3-13)
22. Automobile,truck repair shop excluding body shop.
23. Temporary industrialized buildings(reference 5.8).
24. Indoor athletic facilities.
25. (Repealed 5-5-10)
26. Stormwater management facilities shown on an approved final site plan or subdivision
plat.
27. Tier I and Tier II personal wireless service facilities(reference 5.1.40).
28. Convenience stores served by public water or a central sewer system.
c. Uses permitted by right pursuant to subsection 10.2.1 of section 10.2,RA,Rural Areas,
provided that the use is not served by public water or a central water system.
(§ 20-22.2.1, 12-10-80; 6-3-81; 3-5-86; 9-9-92; 5-2-93; 9-14-93; 10-11-95; Ord. 02-18(6), 10-9-02; Ord.
04-18(2), 10-13-04; Ord. 10-18(4), 5-5-10; Ord. 13-18(2),4-3-13; Ord. 16-18(2), 3-2-16; Ord. 17-18(4),
8-9-17; Ord. 18-18(1), 1-10-18)
Sec.22.2.2 By special use permit.
The following uses shall be permitted only by special use permit approved by the board of
supervisors:
1. Commercial recreation establishments including but not limited to amusement centers,bowling
alleys, pool halls and dance halls.
2. Energy and communications transmission facilities.
3
ATTACHMENT B
Draft: December 3,2018
3. Hospitals.
4. (Repealed 8-9-17)
5. Veterinary office and hospital(reference 5.1.11).
6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential -R-15, in compliance with regulations set forth therein.
7. Hotels,motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the
comprehensive plan.
9. Stand alone parking and parking structures(reference 4.12, 5.1.41).
10. (Repealed 3-2-16)
11. Except as provided in subsections 22.2.1(b)(14), (b)(16), and(b)(28), and in subsections(16),
(17), and(18) of this section, ul3ses permitted by right, not served by public water, involving
water consumption exceeding four hundred(400)gallons per site acre per day. Uses permitted
by right, not served by public sewer, involving anticipated discharge of sewage other than
domestic wastes.
12. Body shop.
13. Animal shelter(reference 5.1.11).
14. Tier III personal wireless service facilities(reference 5.1.40).
15. Storage/Warehousing/Distribution/Transportation.
16. Convenience stores not served by public water or a central water system.
17. Eating establishments not served by public water or a central water system.
18. Automobile service stations (reference 5.1.20) not served by public water or a central water
system.
(§ 20-22.2.2, 12-10-80; 1-1-83;6-1-83; 11-7-84; 6-14-89;9-9-92;6-16-99;Ord. 03-18(1),2-5-03;Ord.04-
18(2), 10-13-04; Ord. 13-18(2),4-3-13; Ord. 16-18(2), 3-2-16; Ord. 17-18(4), 8-9-17)
Section 23. Commercial Office—CO
Sec.23.2 Permitted uses.
Sec.23.2.1 By right.
The following uses shall be permitted in the CO district, subject to the applicable requirements of
this chapter:
4
ATTACHMENT B
Draft: December 3,2018
1. Administrative and business offices.
2. Professional offices, including medical, dental and optical.
3. Financial institutions.
4. Religious assembly use. (Amended 8-9-17)
5. Libraries, museums.
6. Accessory uses and structures incidental to the principal uses provided herein. The aggregate
of all accessory uses shall not occupy more than twenty (20) percent of the floor area of the
buildings on the site. The following accessory uses shall be permitted:
-Eating establishments served by public water or a central water system;
-Newsstands;
-Establishments for the sale of office supplies and service of office equipment;
-Data processing services;
-Central reproduction and mailing services and the like;
-Ethical pharmacies, laboratories and establishments for the production, fitting and/or sale of
optical or prosthetic appliances on sites containing medical, dental or optical offices;
-(Repealed 3-17-82)
-Sale/service of goods associated with the principal use such as, but not limited to: musical
instruments, musical scores,text books, artist's supplies and dancing shoes and apparel;
-Barber shops;
-Beauty shops.
7. Water, sewer, energy and communications distribution facilities.
8. Public uses(reference 5.1.12).
9. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
10. Dwellings(reference 5.1.21).
11. Temporary nonresidential mobile homes(reference 5.8).
12. Day care, child care or nursery facility(reference 5.1.6).
13. Stormwater management facilities shown on an approved final site plan or subdivision plat.
14. Tier I and Tier II personal wireless service facilities(reference 5.1.40).
15. Farmers' markets(reference 5.1.47).
5
ATTACHMENT B
Draft: December 3,2018
16. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
17. Drive-through windows(reference 5.1.60). (Added 3-2-16)
18. Uses permitted by right pursuant to subsection 10.2.1 of section 10.2, RA, Rural Areas,
.r•vi.e. - - i n• - -s b •. .li wa-r or . c-n r.l w. -r -m
(§ 20-23.2.1, 12-10-80; 3-17-82; 3-5-86; 12-3-86; 11-1-89; 9-9-92; 5-12-93; Ord. 01-18(6), 10-9-01 ;
Ord. 04-18(2), 10-13-04; Ord. 09-18(6), 8-5-09; Ord. 10-18(4), 5-5-10; Ord. 13-18(2), 4-3-13; Ord. 16-
18(2), 3-2-16; Ord. 17-18(4), 8-9-17)
Sec. 23.2.2 By special use permit.
The following uses shall be permitted only by special use permit approved by the board of
supervisors:
1. Hospitals.
2. Funeral homes.
3. Energy and communications transmission facilities.
4. Stand alone parking and parking structures(reference 4.12, 5.1.41).
5. (Repealed 3-2-16)
6. School of special instruction.
7. Clubs, lodges(reference 5.1.2).
8. Uses permitted by right (except for eating establishments), not served by public water,
involving water consumption exceeding four hundred(400)gallons per site acre per day. Uses
permitted by right,not served by public sewer, involving anticipated discharge of sewage other
than domestic wastes.
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential R-15. in compliance with regulations set forth therein.
10. Hotels,motels and inns(reference 9.0).
11. Supporting commercial uses(reference 9.0).
12. (Repealed 8-9-17)
13. (Repealed 8-9-17)
14. Indoor athletic facilities.
15. Tier III personal wireless service facilities(reference 5.1.40).
6
ATTACHMENT B
Draft: December 3,2018
16. Storage/Warehousing/Distribution/Transportation.
17. Manufacturing/Processing/Assembly/Fabrication/Recycling.
18. Accessory uses and structures incidental to the principal uses provided herein. The aggregate
of all accessory uses shall not occupy more than twenty (20) percent of the floor area of the
buildings on the site. The following accessory uses shall be permitted:
-Eating establishments not served by public water or a central water system.
(§ 20-23.2.2, 12-10-80; 11-7-84; 1-1-87; 6-14-89; 6-19-91; 6-10-92; 9-15-93; Ord. 03-18(1), 2-5-03; Ord.
04-18(2), 10-13-04; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16; Ord. 17-18(4), 8-9-17)
Section 24.Highway Commerical-HC
Sec. 24.2 Permitted uses.
Sec. 24.2.1 By right.
The following uses shall be permitted in any HC district, subject to the applicable requirements of
this chapter. The zoning administrator, after consultation with the director of planning and other
appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that
such use shall be similar to uses permitted by right in general character, and more specifically,
similar in terms of locational requirements, operational characteristics, visual impact and traffic
generation. Appeals from the zoning administrator's decision shall be as generally provided in
section 34.
1. Automobile laundries.
2. Automobile,truck repair shops.
3. Automobile service stations(reference 5.1.20)served by public water or a central water system.
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges(reference 5.1.02).
7. Convenience stores served by public water or a central water system.
8. Educational,technical and trade schools.
9. Factory outlet sales-clothing and fabric.
10. Feed and seed stores(reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service.
7
ATTACHMENT B
Draft: December 3,2018
13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and
other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels,motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Manufactured home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food restaurants served by public water or a central water system.
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands-vegetables and agricultural produce(reference 5.1.19).
34. Wholesale distribution.
35. Water, sewer, energy and communications distribution facilities.
36. Public uses(reference 5.1.12).
37. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
8
ATTACHMENT B
Draft: December 3,2018
38. Indoor theaters.
39. Heating oil sales and distribution(reference 5.1.20).
40. Temporary industrialized buildings(reference 5.8).
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial,C-1.
42. Indoor athletic facilities.
43. Farmers' market(reference 5.1.47).
44. Stormwater management facilities shown on an approved final site plan or subdivision plat.
45. Tier I and Tier II personal wireless service facilities(reference 5.1.40).
46. Storage yards.
47. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site;provided that the gross floor area of
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
48. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
49. Storage/Warehousing/Distribution/Transportation; gross floor area of the establishment does
not exceed 4,000 square feet per site; provided that the gross floor area of the establishment
may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
50. Drive-through windows(reference 5.1.60). (Added 3-2-16)
51. Uses permitted by right pursuant to subsection 10.2.1 of section 10.2, RA, Rural Areas,
provided that the use is not served by public water or a central water system.
(§ 20-24.2.1, 12-10-80; 6-3-81; 3-5-86; 11-1-89; 6-19-91; 9-9-92; 5-12-93; 9-15-93; 10-11-95; § 18-
24.2.1, Ord. 98-A(1), 8-5-98; Ord.02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08;
Ord. 10-18(4), 5-5-10; Ord. 13-18(2),4-3-13; Ord. 16-18(2), 3-2-16; Ord. 18-18(1), 1-10-18)
Sec.24.2.2 By special use permit.
The following uses shall be permitted by special use permit in the HC district:
1. Commercial recreation establishment including but not limited to amusement centers,bowling
alleys, pool halls and dance halls.
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital(reference 5.1.11).
9
ATTACHMENT B
Draft: December 3,2018
5. Drive-in theaters(reference 5.1.08).
6. Energy and communications transmission facilities(reference 5.1.12).
7. Hospitals, nursing homes, convalescent homes(reference 5.1.13).
8. Auction houses.
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential -R-15, in compliance with regulations set forth therein.
10. Commercial kennels- indoor only(reference 5.1.11).
11. Stand alone parking and parking structures(reference 4.12, 5.1.41).
12. (Repealed 3-2-16)
13. E -. pr. i•-• in . - '•n 24 2 1 .n. I , . in . - i. 1: 1' ,n.
(20) of this section, uUses permitted by right, not served by public water, involving water
consumption exceeding four hundred (400) gallons per site acre per day. Uses permitted by
right, not served by public sewer, involving anticipated discharge of sewage other than
domestic wastes.
14. Warehouse facilities not permitted under section 24.2.1 (reference 9.0).
15. Animal shelter(reference 5.1.11).
16. Tier III personal wireless service facilities(reference 5.1.40).
17. Body shops.
18. Automobile service stations(reference 5.1.20)not served by public water or a central water
system.
19. Convenience stores not served by public water or a central water system.
20. Eating establishments; fast food restaurants not served by public water or a central water
system.
(§ 20-24.2.2, 12-10-80; 1-1-83; 11-7-84; 6-14-89; 6-19-91; 9-9-92; § 18-24.2.2, Ord. 98-A(1), 8-5-98;
Ord. 99-18(4), 6-16-99; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord.
11-18(2), 1-12-11; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16)
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true,correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia,by a vote of to, as
recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Aye Nay
10
ATTACHMENT B
Draft: December 3,2018
Mr. Dill
Mr. Gallaway
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
11
ATTACHMENT B
Growth Management Chapter.
Goal pg 3.1
Albemarle County's Development Areas will be attractive, vibrant areas for residents and
businesses, supported by services, facilities, and infrastructure. Growth will be directed to the
Development Areas and the County's Rural Area with its agricultural, forestal, historic, cultural,
scenic, and natural resources will be preserved for future generations.
Pg 3.7
Strategy la: Continue to encourage approval of new development proposals in the
Development Areas as the designated location for new residential, commercial, industrial, and
mixed-use development. Only approve new development proposals in the Rural Area that are
supported by Rural Area goals, objectives, and strategies.
Economic Development Chapter
Objective 1 pg. 6.5
Promote economic development activities that help build on the County's assets while
recognizing distinctions between expectations for the Development Areas and the Rural Area.
Rural Area Chapter
Pg. 7.3
Features expected in the Rural Area include:
6. Distinct boundaries between the Development Areas and buildings and sites that are clearly
rural; and
Pg. 7.4
Farmers and other residents of the Rural Area need historic crossroads communities not only as
places to find basic support services, but also as centers of community life.
Land Use Plan for the Rural Area
Policy and Zoning Ordinance changes are recommended to promote the County's preferred
uses for the Rural Area, including supportive uses for agriculture, historic preservation, tourism,
crossroads communities, and strengthening land conservation initiatives. The strategies
discussed in this Chapter all share the goal of helping to keep the Rural Area rural.
ATTACHMENT C
Consideration of New Uses in the Rural Area
It is important that any change take place slowly with enough time to evaluate potential impacts.
Analysis of the impacts of the recent Zoning Ordinance changes should be conducted before
adopting new zoning regulations. Policies, programs and regulations that address only one
aspect of the Rural Area to the detriment of others should be avoided or, where already in
place, revised. Only by prudent and thoughtful decision making will the Rural Area resources be
preserved while encouraging uses that benefit the economy.
Pg 7.31
Objective 5: Recognize and support crossroads communities, which serve as rural scale
community meeting places and provide opportunities for residents to take part in community life.
Strategy 5b: Consider amending the Zoning Ordinance to allow for small-scale, supportive uses
in designated crossroads communities. Examples of such uses are country stores, offices, day
care facilities, doctor/dentist offices, and public institutional uses, such as post offices.
Crossroads communities are intended to provide only essential goods and services for their
immediate area. Therefore, they should be limited in size, with carefully delineated permissible
uses. Reusing existing buildings, especially historic buildings, is preferable to building new
structures. Such existing buildings would need to be renovated and reused at a scale that is
appropriate for the area and that does not require additional infrastructure. Expansions of
infrastructure, such as roads, water, or sewer, should not be provided to these crossroads
centers.
Consideration should be given to allowing some of these uses by-right in existing buildings with
performance standards such as square footage and architectural features that are reflective of
historic and rural area uses to be established in the Zoning Ordinance. Residents of crossroads
communities need to be involved in determining appropriate uses for those communities. It
should be noted that this goal emphasizes providing greater support for existing Rural Area
residents rather than encouraging or supporting new residential development in the Rural Area.
Pg 7.33
Objective 6: Provide distinct boundaries between the Rural Area and the Development Areas.
Residents and visitors sense they are in the Rural Area and not the Development Areas when
they are surrounded by a large number of agricultural uses, forests, and natural resources.
Having a clear distinction between the Development Areas and the Rural Area is important in
order to maintain a necessary environment for agriculture, as well as for tourism.
Strategy 6a: Promote use of Rural Area land up to the boundary with the Development Areas.
Do not require transitional areas between the Rural Area and Development Areas.
Because the Development Areas covers only 5% of the total County land area, it is expected to
have a density similar to the City. Wise use of the Development Areas necessitates building up
to the boundary with the Rural Area. However, development is not expected to transition from a
dense Development Area through a large lot suburban zone into the Rural Area. More guidance
on the relationship of the Rural Area to the Development Areas at their joint boundary is found
in the Neighborhood Model Guidance section in the Appendix to this Plan.
ATTACHMENT C
Strategy 6b: Develop rural design standards to be used in conjunction with site plans in the
Rural Area, especially for parking lots, signage, entrance requirements, and landscaping.
This Plan identifies uses that support rural area residents, such as community centers and
places of worship. It also recommends consideration of new uses that can support the
agricultural and forestry economy. Some of these uses require conformity with current zoning
standards for features such as parking lots, landscaping, pedestrian access, signage, and the
like; however, site development plan standards are intended for the Development Areas. Rural
standards are needed to help rural uses blend better into the rural landscape and function more
appropriately as a rural use. They should be developed and adopted as part of the Zoning
Ordinance.
Rural Interstate Interchanges
Interstate interchanges are included in this Section because they have the capacity to both
reflect and detract from the rural nature of the County. For travelers on Interstate 64, views from
the interstate may provide the only visitor experience and memory of the County. For those
traveling on this highway, rural uses along the interstate reflect the rural character of much of
Albemarle County.
Three and one-half rural interstate interchanges are located in the Rural Area; Crozet, Ivy, Black
Cat Road, and the southern part of the Shadwell interchange. These interchanges are different
in character and function from each other, as well as from interchanges in the Development
Areas. The Ivy interchange is very rural with narrow winding roads in both directions. The Black
Cat interchange has narrow winding roads in one direction and a connection to Route 250 East
in the other direction. The Crozet interchange with Route 250 West is better developed as it
provided the only east-west connection over Afton Mountain prior to the construction of 1-64. It is
still heavily travelled. The southern part of the Shadwell Interchange connects directly to Route
250 East and is also a heavily travelled area. Development adjacent to and dependent upon
rural interstate interchanges is not served by public water and sewer nor is it intended to be
served by public utilities. Interstate interchanges in the Rural Area should not be used as tourist
destinations or tourist"stops" along Interstate 64.
Pg. 7.34
Strategy 6c: Permit uses at rural interstate interchanges that support agriculture and forestry.
Uses allowed by right in the Rural Area are appropriate at interchanges. Some uses allowed by
special use permit may also be appropriate at interchanges because they provide a unique
opportunity for agricultural goods to be transported to markets outside of the County. Size,
scale, visibility, and function should all be considered for new uses allowed by special use
permit. Traffic generated by such uses should be typical of agricultural uses and not large
frequent trucking activities on rural roads.
ATTACHMENT C
Pg 7.5
Criteria for Review of New Uses As new uses are proposed in the Rural Area, it is essential that
they be able to meet the following standards. New uses should:
• relate directly to the Rural Area and need a Rural Area location in order to be successful, (e.g.,
a farm winery has to be located in the Rural Area and would be unlikely to succeed in the
Development Areas);
• be compatible with, and have a negligible impact, on natural, cultural, and historic resources;
• not conflict with nearby agricultural and forestal uses;
• reflect a size and scale that complements the character of the area in which they will be
located;
• be reversible so that the land can easily return to farming, forestry, conservation, or other
preferred rural uses;
• be suitable for existing rural roads and result in little discernible difference in traffic patterns;
• generate little demand for fire and rescue and police service;
• be able to operate without the need for public water and sewer;
• be sustainable with available groundwater; and
• be consistent with other Rural Area policies.
Most importantly, the success of the use should be related to its rural location. For example, a
farm winery where most of the grapes are grown onsite is a Rural Area use. A standalone wine
store that sells wines from all over the world is a commercial use that belongs in the
Development Areas. A department store distribution center located near an interstate
interchange should be in the Development Areas, but a storage and distribution facility for
locally produced agricultural products could be located in the Rural Area.
Performance standards will be needed for any new uses to ensure that the size, scale, and
location of the new commercial uses recommended for the Rural Area are appropriate. It is of
prime importance that the appearance and function of new uses blend and not detract from the
key features of the Rural Area. New uses should not overwhelm an area in terms of their
function or visibility.
ATTACHMENT C
COMMERCIAL DISTRICTS—GENERALLY
21.1 INTENT, WHERE PERMITTED It is intended that commercial districts hereby and
hereafter created shall be for the purposes of providing places to conduct commerce and
business as well as to provide places of employment and strengthen the local economic base.
To these ends, activities involving retail, wholesale and service business shall be permitted at
appropriate locations within areas designated as the urban area, communities and villages in
the comprehensive plan. A review of transportation impacts shall be a major consideration in the
establishment and development of all commercial districts.
. COMMERCIAL - C-1
22.1 INTENT, WHERE PERMITTED C-1 districts are hereby created and may hereafter be
established by amendment to the zoning map to permit selected retail sales, service and public
use establishments which are primarily oriented to central business concentrations. It is
intended that C-1 districts be established only within the urban area, communities and villages
in the comprehensive plan. (Amended 9-9-92)
COMMERCIAL OFFICE—CO
23.1 INTENT, WHERE PERMITTED CO districts are hereby created and may hereafter be
established by amendment to the zoning map to permit development of administrative, business
and professional offices and supporting accessory uses and facilities. This district is intended as
a transition between residential districts and other more intensive commercial and industrial
districts.
HIGHWAY COMMERCIAL— HC
24.1 INTENT, WHERE PERMITTED HC districts are hereby created and may hereafter be
established by amendment to the zoning map to permit development of commercial
establishments, other than shopping centers, primarily oriented to highway locations rather than
to central business concentrations. It is intended that HC districts be established on major
highways within the urban area and communities in the comprehensive plan. It is further
intended that this district shall be for the purpose of limiting sprawling strip commercial
development by providing sites with adequate frontage and depth to permit controlled access to
public streets
ATTACHMENT D
RESOLUTION OF INTENT
WHEREAS,the Albemarle County Zoning Ordinance requires a special use permit for uses
permitted by right, not served by public water,involving water consumption exceeding four hundred
(400)gallons per site acre per day in the Commercial(C-1),Commercial Office(CO), Highway
Commercial(HC), Light Industry(LI), Heavy Industry(HI),and Planned Development Industrial Park
(PDIP)zoning districts pursuant to Albemarle County Code §§18-22.2.2, 18-23.2.2, 18-24.2.2, 18-26.2,
18-27.2, 18-28.2, 18-29.2 ;and
WHEREAS,the Albemarle County Board of Supervisors enacted the four hundred(400)gallons
per site acre per day standard for by-right permitted uses not served by public water for industrially zoned
properties in 1985 and for commercially zoned properties in 1989; and
WHEREAS, it is desired to amend the regulations by specifically delineating water-consuming
uses not served by public water as by-right or by special use permit rather than by water consumption.
NOW,THEREFORE,BE IT RESOLVED THAT for purposes of public necessity,
convenience,general welfare,and good zoning and development practices,the Board of Supervisors
hereby adopts a resolution of intent to consider amending Albemarle County Code §§18-22.2.2, 18-
23.2.2, 18-24.2.2, 18-26.2, 18-27.2, 18-28.2 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 shall hold a public hearing
on the zoning text amendment proposed by this resolution of intent,and make its recommendations to the
Board of Supervisors, at the earliest possible date.
I,Claudette K Borgersen, do hereby certify that the foregoing writing is a true and correct copy of a
Resolution duly adopted by the Albemarle County Board of Supervisors by a vote of_to as
recorded below,at a regular meeting held on
Clerk,Board of County Supervisors
Aye Nay
Mr. Dill
Mr. Galloway
Ms. Mallek
Ms. McKeel
Ms.Palmer
Mr. Randolph
ATTACHMENT A