HomeMy WebLinkAbout2011-1-12Tentative
BOARD OF SUPERVISORS
T E N T A T I V E
JANUARY 12, 2011
6:00 P.M., AUDITORIUM
COUNTY OFFICE BUILDING
1. Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. From the Board: Matters Not Listed on the Agenda.
5. From the Public: Matters Not Listed for Public Hearing on the Agenda.
6. Consent Agenda.
PUBLIC HEARINGS:
7. PROJECT: SP-2010-00029. Hungarian Bakery (Sign #65). PROPOSED:
Special Use Permit for a Home Occupation Class B to allow a bakery within an existing barn; no
customers on-site. ZONING CATEGORY/ GENERAL USAGE: RA Rural Areas - agricultural,
forestal, and fishery uses; residential density (0.5 unit/acre in development lots). SECTION: 10.2.2
(31) Home occupation, Class B (reference 5.2). COMPREHENSIVE PLAN LAND USE/DENSITY:
Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and
scenic resources/ density (.5 unit/ acre in development lots). ENTRANCE CORRIDOR: No.
LOCATION: 1850 Brown's Gap Turnpike (Rt. 680) at intersection with Luxor Terrace Dr. TAX MAP/
PARCEL: 057000000001A0. MAGISTERIAL DISTRICT: White Hall.
8. ZTA-2009-00012. Home Occupations. Amend Secs. 3.1, Definitions, 4.15.2,
Definitions, 4.15.6, Signs exempt from the sign permit requirement, 5.1, Supplementary regulations,
5.1.34, Accessory apartment, 10.2.1, By right, 10.2.2, By special use permit, 31.5, Zoning
clearance, 35.1, Fees; amend, reorganize and rename Sec. 5.2, Home occupations, 5.2.1,
Clearance of zoning administrator required, 5.2.2, Regulations governing home occupations, 5.2.3,
Certain permits required; repeal Sec. 5.2.4, Revocation; and add Sec. 5.2.A, Home occupations in
the rural areas zoning district, to Chapter 18, Zoning, of the Albemarle County Code.
9. ZTA-2010-00007. Body Shops. Amend Sec. 24.2.2, By special use permit, of Chapter
18, Zoning, of the Albemarle County Code. This ordinance would amend Sec. 24.2.2 by adding
body shops as a use permitted by special use permit in the Highway Commercial (HC) zoning
district.
10. ZMA-2010-00014. Hollymead Town Center (A-1) (Signs #33,36&37).
PROPOSAL: Rezone 59.162 (portions) acres from Planned Development-Mixed Commercial (PD-
MC) zoning district which allows large-scale commercial uses; and residential by special use permit
(15 units/acre) to Planned Development-Mixed Commercial (PD-MC) zoning district which allows
large-scale commercial uses; and residential by special use permit (15 units/acre), in order to
amend the existing proffers. PROFFERS: Yes. EXISTING COMPREHENSIVE PLAN LAND USE/
DENSITY: Town Center-compact, higher density area containing a mixture of businesses, services,
public facilities, residential areas and public spaces, attracting activities of all kinds. (6.01-34
dwelling units per acre) in Hollymead Development Area. ENTRANCE CORRIDOR: Yes.
LOCATION: Hollymead Town Center Area A-1, the southwest quadrant of Seminole Trail (US 29)
file:////coba-webapp01/BOSForms/Agenda/2011Files/Migration/20110112/00_Agenda.htm (1 of 2) [10/7/2020 12:15:58 PM]
Tentative
and Towncenter Drive in the Hollymead Development Area. TAX MAP/PARCEL: 032000000042A0,
04600000000500, 03200000004400 (portion), 03200000004500 (portion) MAGISTERIAL
DISTRICT: Rio.
11. From the Board: Matters Not Listed on the Agenda.
12. Adjourn.
CONSENT AGENDA
FOR APPROVAL:
6.1 Request from applicant to withdraw ZMA-2006-0008 – Berkmar Business Park.
6.2 Housing Funds - Contingent Approval of Donations to Nonprofit Agencies.
6.3 FY 2011 Budget Amendment and Appropriation.
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Housing Funds
SUBJECT/PROPOSAL/REQUEST:
Contingent Approval of Donations to Nonprofit
Agencies
STAFF CONTACT(S):
Messrs. Foley, Elliott, Davis, and White
LEGAL REVIEW: Yes
AGENDA DATE:
January 12, 2011
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: No
REVIEWED BY:
BACKGROUND:
Periodically, funding becomes available for completion of specific activities aimed at enhancing/maintaining affordable
housing in the County. Over the past few years, these funds have supported construction of such projects as Crozet
Meadows and Treesdale and have also provided down payment assistance to low-income homebuyers. The source
of funds includes County general funds, proffered funds and repayments/recapture of loans from previously funded
activities.
At its meeting on October 6, 2010, the Board approved a reappropriation of $130,000 for the Community Development
Loan Fund. In addition, the County has approximately $90,000 in proffered funds designated for housing, $64,345 in
CDBG recaptured funds, and a balance of approximately $10,300 in the Crozet Crossings Housing Trust Fund. The
exact amount of proffered and CCHTFfunds will be determined once accrued interest is added prior to requesting
appropriation.
DISCUSSION:
In response to the Board’s action and in light of the availability of other designated affordable housing funds, the Office
of Housing issued a request for proposals on October 6, 2010 to Albemarle Housing Improvement Program (AHIP),
Piedmont Housing Alliance (PHA), Habitat for Humanity, the Thomas Jefferson Community Land Trust (TJCLT),
Jordan Development Corp., and Jefferson Area Board for Aging seeking submittals on the use of approximately
$245,000 for eligible housing initiatives/projects. The following four proposals were received in response to this
solicitation:
Thomas Jefferson Community Land Trust (CLT) - $80,000
Funds would be used to meet match requirements from a private funder (1 to 1). The resulting $160,000 would
support the purchase of one or two houses. Houses would be sold to income-eligible households with the CLT
retaining ownership of the land utilizing a 90-year leasehold interest. No specific properties were identified in the
application.
Habitat for Humanity - $200,000 for Southwood Mobile Home Park
Proposed uses include:
1. $75,000 for electric repairs replacing underground wires between the meters and junction boxes.
Habitat replaced breakers last year at a cost of $80,000.
2. $50,000 for repair of water and sewer lines.
3. $40,000 for road repairs and installation of 2 weather-proof enclosures for bus stops.
4. $35,000 for trimming limbs and removing trees
Piedmont Housing Alliance/Jordan Development Corp. - $120,000
Funds would cover approximately one-third of the estimated cost of $360,000 for renovations focused on energy
improvements and exterior preservation of the Meadowlands Apartments which were constructed in 1993 and consists
of 30 units of elderly housing in Crozet serving extremely-low income and disabled persons. Proposed activities
include:
1. Replacing the roof with 30-year asphalt shingles
2. Installing new gutters and downspouts
3. Installing Hardi-plank siding and trim
AGENDA TITLE: Housing Funds
January 12, 2011
Page 2
4. Adding insulation in roof
5. Replacing refrigerators with Energy-Star models
6. Installing a solar hot water array on roof
It is estimated that this would reduce energy costs by 10% to 20%. PHA has “lined up” $195,000 ($6500 per unit) in
weatherization funds from the stimulus and is seeking additional funds from local Foundations.
Albemarle Housing Improvement Program (AHIP) - $245,000
Funds would support AHIP’s rehabilitation program by providing approximately $12,000 per unit for up to 20
substandard, owner-occupied homes. The typical rehabilitation project averages $25,000 and takes several sources
of funding to complete. Typical funding sources include HOME funds ($125,000 in FY11), the Virginia IPR program,
USDA Rural Development loans and grants, and program income. The funding sources typically approve funding on a
job-by-job basis rather than committing a fixed annual amount. AHIP has 135 households on their waiting list.
Staff reviewed the proposals and submitted the following recommendations to the Housing Committee for review and
comment at its November, 2010 meeting:
“Staff recommends providing $75,000 to both PHA and Habitat for Humanity to support the
proposed activities. Funding for PHA combined with weatherization funds would support
completion of all activities with the exception of the installation of solar panels. Funding for
Habitat for Humanity would be limited to the replacement of underground electrical wires.
Staff also recommends that the balance of funds, (approximately $150,000), be approved for
housing rehabilitation projects to be completed by AHIP. Staff did not recommend funding the
request from the CLT because no specific project was identified and the per-unit subsidy was
significantly more than other proposals.”
Although a quorum was not present and no action was taken, agencies submitting applications were available to
answer additional questions.
BUDGET IMPACT:
All funds are available and designated for housing activities. Trustees of the Crozet Crossings Housing Trust Fund will
first have to approve the use of available funding prior to requesting Board appropriation of CCHTF funds.
RECOMMENDATIONS:
Staff recommends that the Board approve the proposed donations to the three nonprofit agencies listed above
contingent upon appropriation of funds for this purpose and execution of agreements between the Office of Housing
and the agencies. Staff will bring the proposed appropriations to the Board at a future meeting.
Return to consent agenda
Return to regular agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2011 Budget Amendment and Appropriation
SUBJECT/PROPOSAL/REQUEST:
Approval of Budget Amendment and Appropriation
#2011062
STAFF CONTACT(S):
Messrs. Foley, and Davis; and Ms. L. Allshouse
LEGAL REVIEW: Yes
AGENDA DATE:
January 12, 2011
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: YES
REVIEWED BY:
BACKGROUND:
Virginia Code § 15.2-2507 provides that any locality may amend its budget to adjust the aggregate amount to be
appropriated during the fiscal year as shown in the currently adopted budget; provided, however, any such amendment
which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by
first publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section
applies to all County funds, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc.
The total of the requested FY 2011 appropriations itemized below is $11,276.00. A budget amendment public hearing
is not required because the amount of the cumulative appropriations does not exceed one percent of the currently
adopted budget.
DISCUSSION:
This request involves the approval of one (1) FY 2011 appropriation as follows:
One (1) appropriation (#2011062) totaling $11,276.00 to provide a part-time officer working under the
supervision of the Sheriff’s Office for Offender Aid and Restoration’s Drug Court program.
The County and all parties associated with this appropriation have reached agreement on a Memorandum of
Understanding (MOU) which clearly delineates responsibilities and protects the County and Sheriff from any liability for
partnering with OAR on this project. The County Executive will execute the MOU after the Board approves this
appropriation.
RECOMMENDATIONS:
Staff recommends approval of the budget amendment in the amount of $11,276.00 and the approval of Appropriation
#2011062.
ATTACHMENTS
Attachment A – Appropriation Descriptions
Return to consent agenda
Return to regular agenda
1
Attachment A
Appropriation #2011062 $ 11,276.00
Revenue Source: Federal Revenue $ 11,276.00
This appropriation provides $11,276.00 for a part-time auxiliary deputy officer to assist with the administration and
monitoring of Offender Aid and Restoration (OAR) Drug Court cases working under the direction of the Albemarle
County Sheriff’s Office. Data from other Virginia communities with such an arrangement indicates that the ongoing
presence of an officer for program participants yields positive outcomes. These expenses include part -time wages
and vehicle fuel, maintenance and repair costs and will be funded through federal grant revenues received from
OAR.
Return to exec summary
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 10, 2010
David Oxford
1850 Browns Gap Tpke
Charlottesville, Va 22901
RE: SP20100029 Hungarian Bakery
TMP 05700-00-00-001A0
Dear Mr. Oxford:
The Albemarle County Planning Commission, at its meeting on November 30, 2010, by a vote of 7:0,
recommended approval of the above-noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
1. Development of the use shall be in accord with the conceptual plan titled “Hungarian Bakery
Home Occupation Class B Concept Plan” and dated 11/12/10 (hereafter “Conceptual Plan”), as
determined by the Director of Planning and the Zoning Administrator. To be in accord with the
Conceptual Plan, development shall reflect the following major elements within the development
essential to the design of the development:
a. building orientation
b. location of buildings and structures
c. location of parking areas;
Minor modifications to the plan that do not conflict with the elements above may be made to
ensure compliance with the Zoning Ordinance.
2. Compliance with Virginia Department of Health requirements regarding water supply and the
septic system for this use shall be verified by the Health Department prior to issuance of a
zoning compliance clearance and the commencement of the special use.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on January 12, 2010.
View staff report and attachments
View PC minutes
Return to agenda
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296-5832.
Sincerely,
Scott Clark
Senior Planner
Planning Division
COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: SP 2010-00029 Hungarian Bakery Staff: Scott Clark
Planning Commission Public Hearing:
November 30, 2010
Board of Supervisors Public Hearing:
TBD
Owner/s: Oxford, David M or Karen L Applicant: Oxford, David M or Karen L
Acreage: 12.173 acres Special Use Permit: 10.2.2 (31) Home
occupation, Class B (reference 5.2).
TMP: 05700-00-00-001A0
Location: 1850 Brown's Gap Turnpike (Rt. 680)
at intersection with Luxor Terrace Dr.
Existing Zoning and By-right use: RA Rural
Areas - agricultural, forestal, and fishery uses;
residential density (0.5 unit/acre in development
lots).
Magisterial District: White Hall Conditions or Proffers: Yes
RA (Rural Areas) Requested # of Dwelling Units: n/a
Proposal: Special Use Permit for a Home
Occupation Class B to allow a bakery within an
existing barn; no customers on-site
Comprehensive Plan Designation: Rural Areas
- preserve and protect agricultural, forestal, open
space, and natural, historic and scenic resources/
density (.5 unit/acre in development lots).
Character of Property: Largely open, with dense
stands of tree at south and west boundaries
Use of Surrounding Properties: Residential
and forestry
Factors Favorable:
1. The use will be entirely indoors, without
any changes to the existing structures.
2. Because no customers will come to the
site, significant traffic impacts are not
expected.
Factors Unfavorable:
Staff has not identified any factors
unfavorable to this application.
RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions.
SP 2010-29 Hungarian Bakery
PC 11-30-10 2
Petition:
PROJECT: SP201000029 Hungarian Bakery.
PROPOSED: Special Use Permit for a Home Occupation Class B to allow a bakery within an existing
barn; no customers on-site.
ZONING CATEGORY/GENERAL USAGE: RA Rural Areas - agricultural, forestal, and fishery uses;
residential density (0.5 unit/acre in development lots).
SECTION: 10.2.2 (31) Home occupation, Class B (reference 5.2).
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural,
forestal, open space, and natural, historic and scenic resources/ density (.5 unit/acre in development lots).
ENTRANCE CORRIDOR: No.
LOCATION: 1850 Brown's Gap Turnpike (Rt. 680) at intersection with Luxor Terrace Dr.
TAX MAP/PARCEL: 057000000001A0.
MAGISTERIAL DISTRICT: White Hall
Specifics of the Proposal:
The proposed home occupation class B is a bakery that would be located in approximately 1,000 square
feet of an existing barn (4,800 square feet on two levels) on the site. Approximately 140 square feet of the
existing dwelling would be used (in part) for office work related to the bakery. No customers would visit
the site, and all products would be delivered by the owners to off-site customers or to shippers. Raw
materials would arrive by standard UPS or FedEx panel trucks, one to three times per week. The bakery
would initially have no outside employees, but could have up to two in the future. (Two employees are
permitted for Home Occupation B uses.)
Planning and Zoning History:
None.
Conformity with the Comprehensive Plan:
The Comprehensive Plan designates the subject property as Rural Areas, emphasizing the preservation
and protection of agricultural, forestal, open space, and natural, historic and scenic resources as land use
options. The bakery would not change the rural character, would not require any additional structures, and
would not cause any adverse environmental impacts. In addition, the bakery would use some agricultural
products (eggs and dairy products) produced on the site, creating a value-added use for local agricultural
products. Therefore, the proposed use supports one goal of the Comprehensive Plan (support for local
agriculture) and would not be detrimental to the Plan’s goals in other areas.
Staff Comment:
Staff addresses each provision of Section 31.6 of the Zoning Ordinance:
31.6: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of
Supervisors that such use will not be of substantial detriment to adjacent property,
While there would be 1-3 deliveries by truck per week, and possibly two employees in the future, the
overall level of traffic in the area would not be significantly increased by this use. Staff has determined
that this additional traffic would be no greater than that normally expected in a residential neighborhood.
The use itself would be located indoors on a 12-acre parcel and so should not be audible to nearby
SP 2010-29 Hungarian Bakery
PC 11-30-10 3
properties. The nearest residence is 450 feet away from the barn where the main activity would take
place.
that the character of the district will not be changed thereby
The bakery would support the rural character of the district by using on-site agricultural products. No new
structures would be constructed and traffic impacts would be minimal.
and that such use will be in harmony with the purpose and intent of this ordinance,
Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural Areas zoning: “This district
(hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the
zoning map for the following purposes:
-Preservation of agricultural and forestal lands and activities;
-Water supply protection;
-Limited service delivery to the rural areas; and
-Conservation of natural, scenic, and historic resources. (Amended 11-8-89)”
The bakery would use some agricultural products produced on the site, would not cause any negative
impacts on preservation, water supply, or conservation in the Rural Areas, and would not create a demand
for service delivery.
with uses permitted by right in the district,
The bakery would not conflict with the agricultural, forestal, and residential uses allowed by right in the
district.
with the additional regulations provided in section 5.0 of this ordinance,
5.2.2.1 The following regulations shall apply to any home occupation:
a. Such occupation may be conducted either within the dwelling or an accessory structure, or
both, provided that not more than twenty- five (25) percent of the floor area of the dwelling shall
be used in the conduct of the home occupation and in no event shall the total floor area of the
dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five
hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only
in connection with home occupation, Class B;
The proposed use would include an office space (only partially devoted to this use) in 140 square
feet of the existing 3,314-square-foot dwelling. This would be approximately four percent of the
dwelling’s floor area, well below the 25-percent limit.
The total area devoted to the use would include 1,000 square feet of the existing barn and the
previously-mentioned 140 square feet in the dwelling, which is less than the 1,500-square-foot
limit.
b. There shall be no change in the outside appearance of the buildings or premises, or other
visible evidence of the conduct of such home occupation provided that a home occupation, Class
B, may erect one home occupation Class B sign as authorized by section 4.15 of this chapter.
SP 2010-29 Hungarian Bakery
PC 11-30-10 4
The proposed bakery would be located in an existing barn, and no external modifications to the
barn are proposed.
Accessory structures shall be similar in facade to a single-family dwelling, private garage, shed,
barn or other structure normally expected in a rural or residential area and shall be specifically
compatible in design and scale with other development in the area in which located.
All structures needed for this use already exist on the site and are compatible with the rural
surroundings.
Any accessory structure which does not conform to the setback and yard regulations for main
structures in the district in which it is located shall not be used for any home occupation;
No such structures are proposed for this use.
c. There shall be no sales on the premises, other than items hand crafted on the premises, in
connection with such home occupation; this does not exclude beauty shops or one-chair barber
shops;
No on-site sales are proposed.
d. No traffic shall be generated by such home occupation in greater volumes than would normally
be expected in a residential neighborhood, and any need for parking generated by the conduct of
such home occupation shall be met off the street;
Staff has determined that the traffic would be no greater than that normally expected in a
residential neighborhood. All parking would be off-street, adjacent to the barn.
e. All home occupations shall comply with performance standards set forth in section 4.14;
Section 4.14 sets standards for impacts of uses in industrial districts, including noise; vibration;
glare; air pollution; water pollution; radioactivity; and electrical interference. A small bakery is
not expected to have any such impacts. Waste water will be treated through a system approved by
the Virginia Department of Health.
f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall not
be deemed home occupations.
No such uses are proposed for this site.
and with the public health, safety and general welfare.
Staff at the Virginia Department of Health has stated that the site can support the necessary water supply
and septic facilities for this use. The applicants will need to have Health Department approval for those
systems before beginning the use.
The Virginia Department of Transportation did not have any concerns regarding the property’s entrance
onto Route 680.
SP 2010-29 Hungarian Bakery
PC 11-30-10 5
Summary:
Staff has identified the following factors favorable to this application:
1. The use will be entirely indoors, without any changes to the existing structures.
2. Because no customers will come to the site, significant traffic impacts are not expected.
Staff has not identified any factors unfavorable to this application.
Recommended Action:
Based on the findings contained in this staff report, staff recommends approval of SP201000029
Hungarian Bakery subject to the following conditions:
1. Development of the use shall be in accord with the conceptual plan titled “Hungarian
Bakery Home Occupation Class B Concept Plan” and dated 11/12/10 (hereafter
“Conceptual Plan”), as determined by the Director of Planning and the Zoning
Administrator. To be in accord with the Conceptual Plan, development shall reflect the
following major elements within the development essential to the design of the
development:
a. building orientation
b. location of buildings and structures
c. location of parking areas;
Minor modifications to the plan which do not conflict with the elements above may be
made to ensure compliance with the Zoning Ordinance.
2. Compliance with Virginia Department of Health requirements regarding water supply
and the septic system for this use shall be verified by the Health Department prior to
issuance of a zoning compliance clearance and the commencement of the special use.
Planning Commission Motion:
A. Should a Planning Commissioner choose to recommend approval of this special use permit:
Move to recommend approval of SP 2010-00029 Hungarian Bakery subject to the conditions as
recommended by staff.
B. Should a Planning Commissioner choose to recommend denial of this special use permit:
Move to recommend denial of SP 2010-00029 Hungarian Bakery. Should a commissioner motion to
recommend denial, he or she should state the reason(s) for recommending denial.
Attachments
Attachment A – Conceptual Plan
Attachment B – Location Map
Attachment C - Area Map
Return to actions letter
Attachment A
BROWN
S GAP TPKELUXOR TERRACE DR
G R A N D VIEW DR
COUNT Y OFA AL
LB
EEA
M
R
RI I IGNVF
OUNDED AD 1744
NSP201000029 Hungarian Bakery00.05 0.10.025 Miles
► Prepared by Albemarle County Community Development Dept. Map created by Scott Clark, November 2010.► Note: The map elements depicted are graphic representations and are not to be construed or used as a legal description. This map is for display purposes only.► Parcel boundaries reflect most recent available data.Attachment B
Roads
Bui ldings
Driveways
B
ROWNS GA
P
T
P
K
E
IVY RD
THREE NOTCH'D RD
JONES M IL L R D
COW PATH LNCAN N O N BR O O K WAY
LAKE TREE LN
WEST DRHALCYON D R
SEVEN HILLS LN
ROCKFISH G A P TPKEWESTOVER DRW H IT E HALL RDPARK RIDGE DRLONG MEADOW LN
L A K E SIDE DRG R A N D V IE W D R
GATE POST LNSPRING CREE K LNCOUNT Y OFA AL
LB
EEA
M
R
RI I IGNVF
OUNDED AD 1744
NSP201000029 Hungarian Bakery00.5 10.25 Miles
► Prepared by Albemarle County Community Development Dept. Map created by Scott Clark, November 2010.► Note: The map elements depicted are graphic representations and are not to be construed or used as a legal description. This map is for display purposes only.► Parcel boundaries reflect most recent available data.Attachment C
Roads
ALBEMARLE COUNTY PLANNING COMMISSION – NOVEMBER 30, 2010
DRAFT PARTIAL MINUTES - ZTA-2010-7 BODY SHOPS AND SP-2010-29 HUNGARIAN BAKERY
1
Albemarle County Planning Commission
November 30, 2010
The Albemarle County Planning Commission held a public hearing, meeting, and work session on
Tuesday, November 30, 2010, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second
Floor, 401 McIntire Road, Charlottesville, Virginia.
Members attending were Don Franco, Calvin Morris, Linda Porterfield, Ed Smith, Mac Lafferty, Thomas
Loach, Vice Chairman and Duane Zobrist, Vice Chairman. Julia Monteith, AICP, non-voting
representative for the University of Virginia was present.
Other officials present were Scott Clark, Senior Planner; Claudette Grant, Senior Planner; Ron Higgins,
Chief of Zoning; Joan McDowell, Senior Planner; Bill Fritz, Director of Current Development; Wayne
Cilimberg, Director of Planning; and Greg Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Loach called the regular meeting to order at 6:0 2 p.m. and established a quorum.
Public Hearing Items:
ZTA-2010-00007 Body Shops
Amend Sec. 24.2.2, By special use permit, of Chapter 18, Zoning, of the Albemarle County Code. This
ordinance would amend Sec. 24.2.2 by adding body shops as a use permitted by special use permit in
the Highway Commercial (HC) zoning district. A copy of the full text of the ordinance is on file in the office
of the Clerk of the Board of Supervisors and in the Department of Community Development, County
Office Building, 401 McIntire Road, Charlottesville, Virginia. (Ron Higgins)
Mr. Higgins noted that the zoning text amendment was really better described as a repair job. Staff was
made known of an anomaly in a use on 29, which was zoned HC, Highway Commercial. The property
had been a auto dealership for many year for used cars and then changed to new cars. As it evolved,
they moved the car sales portion out into another building. What they were left with was the accessory
use they were allowed to have, which was a body shop. The use went from a dealership to a body shop.
The circumstances are as follows.
Change of “dealership” to “body shop” in HC was revealed in review of building permit for
addition.
Primary use changed from “motor vehicle sales, service, rental” to “body shop” when auto sales
were removed from site. Staff discovered that HC zoning does not include “body shop.”
As a result of that, staff set about to repairing this problem. When looking at relative intensity in
the C-1, HC, and LI districts it is appropriate to include the “body shop” use in HC by Special Use
Permit.
Use of “body shop” was not included in the ZTA to add the same use by SP in C -1 in 1992, even
though it is allowed by SP in LI zoning.
In addition, the use is similar in character to other uses in HC, such as “automobile and truck
repair shops.”
It is in keeping with the character and intent of HC to “permit commercial establishments…
primarily oriented to highway locations…”
Making this an SP use helps to assure its appropriateness at HC sites through the additional
review and the attachment of conditions as needed.
This amendment allows for a use that can be in keeping with the district regulations and provides
a more logical progression of uses in various districts.
“Body shop” is defined differently in the Zoning Ordinance as being separate from auto repair
while body shop activity can happen accessory to auto repair. That was not the case in this
business. They actually moved everything out except the body shop function, which made it a
primary use.
ALBEMARLE COUNTY PLANNING COMMISSION – NOVEMBER 30, 2010
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Implications
This proposal will not change the review process for the “body shop” use.
This proposal will have no significant effect in terms of staffing and costs.
This proposal will have no effect on housing affordability or availability
Proposed Text Change
Staff recommends approval of the draft ordinance as recommended in the staff report.
Sec. 24.2.2 By special use permit
The following uses shall be permitted by special use permit in the HC district:
…..
17. Body shops.
There being no questions for staff, Mr. Loach invited public comment. There being none, the public
hearing was closed, and the matter brought before the Planning Commission for further discussion and
action.
Motion: Ms. Porterfield moved and Mr. Lafferty seconded for approval of the draft ordinance for ZTA-
2010-00007 Body Shops as recommended in the staff report.
The motion carried by a vote of 7:0.
Mr. Loach noted that ZTA-2010-00007 Body Shops would go before the Board of Supervisors on a date
to be determined.
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SP-2010-00029 Hungarian Bakery
PROPOSED: Special Use Permit for a Home Occupatio n Class B to allow a bakery within an existing
barn with no customers on-site.
ZONING CATEGORY/GENERAL USAGE: RA Rural Areas - agricultural, forestal, and fishery uses;
residential density (0.5 unit/acre in development lots).
SECTION: 10.2.2 (31) Home occupation, Class B (reference 5.2).
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural,
forestal, open space, and natural, historic, and scenic resources/ density ( .5 unit/ acre in development
lots).
ENTRANCE CORRIDOR: No.
LOCATION: 1850 Brown's Gap Turnpike (Rt. 680) at intersection with Luxor Terrace Dr.
TAX MAP/PARCEL: 05700-00-00-001A0.
MAGISTERIAL DISTRICT: White Hall (Scott Clark)
Mr. Clark presented a PowerPoint presentation and summarized the staff report for SP-2010-00029,
Hungarian Bakery.
The proposed Home Occupation Class B is a bakery that would be located in approximately 1,000 square
feet of an existing barn (4,800 square feet on two levels) on the site. Approximately 140 square feet of
the existing dwelling would be used (in part) for office work related to the bakery. No customers would
visit the site, and all products would be delivered by the owners to off -site customers or to shippers. Raw
materials would arrive by standard UPS or FedEx pan el trucks, one to three times per week . The bakery
would initially have no outside employees, but could have up to two in the future . (Two employees are
permitted for Home Occupation Class B uses.) Virginia Department of Transportation did not have any
concerns with the entrance to the site. The Health Department has confirmed that although the use will
probably need a larger septic field in general the site can support whatever will be needed to handle the
waste from this use.
Favorable Factors:
1. The use will be entirely indoors, without any changes to the existing structures.
2. Because no customers will come to the site, significant traffic impacts are not expected.
Factors Unfavorable:
Staff has not identified any factors unfavorable to this application.
Staff recommends approval of the Special Use Permit subject to the conditions recommended in the staff
report. Condition one requires the development to be in accord with the sketch plan presented.
Condition two requires confirmation of the Health Department’s approval of the eventual plans for water
and septic treatment.
Mr. Loach invited questions for staff.
Mr. Lafferty asked if the barn was presently occupied with people.
Mr. Clark replied that it was clearly in use, but he had not been inside. Therefore, he deferred the
question to the applicant.
There being no further questions, Mr. Loach opened the public hearing, and invited the applicant to
address the Commission.
David Oxford, applicant, said Mr. Clark’s presentation was accurate. They would like to allow for some
growth for an employee, which is the reason they are doing the special use permit . He emphasized that
this was a very small operation essentially, for what his wife could make in her spare time as a small side
business. Since they have house pets they cannot operate in their home and the business has to be
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operated in an accessory structure. They don’t anticipate any significant impacts to the local community
because there are no customers on site. There will be no e xternal changes. He noted that the patio was
a structure added on by the previous owners of the property, and they used it for storage.
Mr. Lafferty noted that the deck was what he was referring to, but he was not sure it has any impact on
the business.
Mr. Oxford said the deck was available to guest quarters they put up there.
Mr. Loach asked what was the hours of operation.
Mr. Oxford replied that it would be whenever his wife could fit it in between milking and home schooling
the children. In general, it would be somewhere between 9 a.m. to 6 p.m.
There being no questions for the applicant, Mr. Loach invited public comment.
Robyn Milesad, direct neighbor to the Oxfords, said that she had two questions for the Board. She
understands the object of having a special use permit is because they cannot do the business in their
home. She asked what precedent this approval would set for special use permits for other more
objectionable uses in outbuildings. She did not know how they decided that. In their totally residential
neighborhood once they have a commercial operation in an outbuilding does that pave the way for
something less desirable under a special use permit. She hoped that the Commission would postpone
this and notify more than the four contiguous neighbors. She asked if it there could be a wider broadcast
of the information to the people who are not necessarily contiguous.
There being no further public comment, Mr. Loach closed the public hearing to bring the matter before the
Planning Commission for further discussion and action. He asked staff to explain the procedure
regarding the postponement question.
Mr. Cilimberg replied there is a County Code requirement for notification plus the public notice sign
placed on the site. That combination is in the County Code, which meets the requirements for notification
and making people aware of the site being subject to a request. In addition, there is a legal ad. They
have met all those requirements. There are no further requirements that lead to the need for additional
notification.
Mr. Kamptner noted that the Commission is just making a recommendation to the Board of Supervisors.
The Board of Supervisors will hold a public hearing on this at some point in the future.
Mr. Loach said he wanted to make it clear that the public notice sign is up and there is notification beyond
the four people because of the sign and the public notice.
Mr. Cilimberg asked to speak to the question of precedent. Each request received in any area is subject
to review under the circumstances of that particular request independent of others. It is not precedent
setting to have one home occupation approved in a particular location. It is on a case by case basis
review.
Mr. Loach noted that this is not unique for the Planning Commission since they look at special use
permits on a case by case basis. The Commission takes in all available information and public comment
to base their decision on.
Motion: Ms. Porterfield moved and Mr. Morris seconded to recommend approval of SP-2010-00029,
Hungarian Bakery subject to the conditions as recommended by staff.
1. Development of the use shall be in accord with the conceptual plan titled “Hungarian Bakery
Home Occupation Class B Concept Plan” and dated 11/12/10 (hereafter “Conceptual Plan”), as
determined by the Director of Planning and the Zoning Administrator. To be in accord with the
Conceptual Plan, development shall reflect the following major elements within the development
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essential to the design of the development:
a. building orientation
b. location of buildings and structures
c. location of parking areas;
Minor modifications to the plan that do not conflict with the elements above may be made to
ensure compliance with the Zoning Ordinance.
2. Compliance with Virginia Department of Health requirements regarding water supply and the
septic system for this use shall be verified by the Health Department prior to issuance of a zoning
compliance clearance and the commencement of the special use.
The motion carried by a vote of 7:0.
Mr. Loach noted that SP-2010-00029, Hungarian Bakery would go before the Board of Supervisors on a
date to be determined with a recommendation for approval with conditions.
Return to actions letter
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2009-12 Home Occupations
SUBJECT/PROPOSAL/REQUEST:
Amend the Albemarle County Zoning Ordinance
Rural Areas District to allow Minor Home
Occupations and Major Home Occupations as by-
right uses
STAFF CONTACT(S):
Cilimberg, McDowell, McCulley
LEGAL REVIEW: No
AGENDA DATE:
January 12, 2011
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
The Planning Commission held a public hearing f or this zoning text amendment on December 21, 2010. By a vote
of 6:0, the Planning Commission recommended approval of this amendment as recommended by staff with
minor grammatical modifications and any technical changes staff deemed necessary for Board approval.
DISCUSSION:
The attached amendment dated January 5, 2011 reflects the action of the Planning Commission.
RECOMMENDATION:
Approve ZTA 2009-12 Home Occupations as provided in the attached amendment dated 1/5/11.
ATTACHMENTS:
A. Draft Ordinance dated January 5, 2011
B. Planning Staff Report
C. Planning Commission minutes: December 21, August 17, and June 15, 2010
Return to agenda
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1
ORDINANCE NO. 11-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE,
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 I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, and Article IV,
Procedure, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 4.15.2 Definitions
Sec. 4.15.6 Signs exempt from the sign permit requirement
Sec. 5.1 Supplementary regulations
Sec. 5.1.34 Accessory apartment
Sec. 10.2.1 By right
Sec. 10.2.2 By special use permit
Sec. 31.5 Zoning clearance
Sec. 35.1 Fees
By Amending, Reorganizing, Renaming and Incorporating the Substance into Another Section (old
section number first, followed by section number in which substance incorporated):
Sec. 5.2 Home occupations in zoning districts other than the rural areas zoning district
Sec. 5.2.1 Sec. 5.2 Clearance of zoning administrator required
Sec. 5.2.2 Sec. 5.2 Regulations governing home occupations
Sec. 5.2.3 Sec. 5.2 Certain permits required
By Repealing:
Sec. 5.2.4 Revocation
By Adding:
Sec. 5.2.A Home occupations in the rural areas zoning district
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Home Occupation, Class A: An occupation, not expressly prohibited by section 5.2, conducted for profit within
a dwelling unit solely by one or more members of the family residing within the dwelling unit; provided that
nothing herein prohibits the occupation from engaging other persons who work off-site and do not come to the
dwelling unit to engage in the occupation. (Amended 8-5-09)
Home Occupation, Class B: An occupation, not expressly prohibited by section 5.2, conducted for profit within
a dwelling unit solely by one or more members of the family residing within the dwelling unit and up to two (2)
additional persons not residing within the dwelling unit, with or without the use of one or more accessory
structures; provided that nothing herein prohibits the occupation from engaging other persons who work off-site
and do not come to the dwelling unit or to any accessory structure to engage in the occupation. (Amended 8-5-
09)
Home Occupation, Major: An occupation, not expressly prohibited by section 5.2A, conducted for profit within
a dwelling unit solely by one or more members of the family residing within the dwelling unit and up to two (2)
additional persons not residing within the dwelling unit, with or without the use of accessory structures;
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provided that nothing herein prohibits the occupation from engaging other persons who work off-site and do not
come to the dwelling unit or to any accessory structure to engage in the occupation.
Home Occupation, Minor: An occupation, not expressly prohibited by section 5.2A, conducted for profit within
a dwelling unit solely by one or more members of the family residing within the dwelling unit; provided that
nothing herein prohibits the occupation from engaging other persons who work off-site and do not come to the
dwelling unit to engage in the occupation.
. . .
Nonconforming Use: The term “nonconforming use” means a lawful principal use of the lot or a Class A, Class
B, major or minor home occupation existing on the effective date of the zoning regulations applicable to the
district in which the use is located, or a more restricted use, that does not comply with the applicable use
regulations of that zoning district. A nonconforming use may have accessory uses, but an accessory use, other
than a Class A, Class B, major or minor home occupation, shall not be eligible to be a nonconforming use. A
use that is seasonal on the effective date of this chapter shall be eligible to be a nonconforming use. A use that
is casual, intermittent, or temporary on the effective date of this chapter shall not be eligible to be a
nonconforming use. (Amended 6-14-00)
. . .
Article II. Basic Regulations
Sec. 4.15.2 Definitions
The following definitions shall apply in the interpretation and implementation of this section 4.15:
. . .
(25) Home occupation Class B sign. The term “home occupation Class B sign” means a sign on the
premises of a dwelling unit that has an authorized Class B or major home occupation that does not
exceed four (4) square feet in sign area and only states the name of the person occupying the dwelling
and identifies the product or service offered by the home occupation.
. . .
Sec. 4.15.6 Signs exempt from the sign permit requirement
The following signs are exempt from the sign permit requirement set forth in section 4.15.4 provided that they
comply with the regulations set forth below and all other applicable regulations of this section 4.15:
. . .
(7) Home occupation class B sign. A home occupation class B sign that does not exceed four (4) square
feet in sign area.
. . .
Sec. 5.1 Supplementary regulations
The following supplementary regulations apply to referenced uses in all districts whether or not such uses are
permitted by right or by special use permit. These supplementary regulations are in addition to all other
requirements of this chapter, the Code, and all other applicable laws. Unless a waiver or modification is
expressly prohibited, Aany requirement of section 5.0 may be modified or waived in an individual case, as
provided herein:
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3
a. The commission may modify or waive any such requirement upon a finding that such requirement
would not forward the purposes of this chapter or otherwise serve the public health, safety, or welfare;
or that a modified regulation would satisfy the purposes of this chapter to at least an equivalent degree
as the specified requirement; and upon making any finding expressly required for the modification or
waiver of a specific requirement; except that, in no case, shall such action constitute a modification or
waiver of any applicable general regulation set forth in section 4.0 or any district regulation. In granting
such a modification or waiver, the commission may impose such conditions as it deems necessary to
protect the public health, safety, or welfare.
b. The board of supervisors shall consider a modification or waiver of any requirement of section 5.0 only
as follows:
1. The denial of a modification or waiver, or the approval of a modification or waiver with
conditions objectionable to the developer may be appealed to the board of supervisors as an
appeal of a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as
provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A
modification or waiver considered by the commission in conjunction with an application for a
special use permit shall be subject to review by the board of supervisors.
2. In considering a modification or waiver, the board may grant or deny the modification or waiver
based upon the finding set forth in subsection (a), amend any condition imposed by the
commission, and impose any conditions it deems necessary for the reasons set forth in
subsection (a).
(12-10-80; 9-9-92; Ord. 01-18(4), 5-9-01)
Sec. 5.1.34 Accessory apartment
Each accessory apartment shall be subject to the following:
a. An accessory apartment shall be permitted only within the structure of the main dwelling to which it is
accessory. Usage of freestanding garage or other accessory structure for an accessory apartment is
expressly prohibited. Not more than one (1) accessory apartment shall be permitted within any single-
family detached dwelling.
b. The gross floor area devoted to an accessory apartment shall not exceed thirty-five (35) percent of the
total gross floor area of the structure in which it is located.
c. The gross floor area of such an accessory apartment shall not be included in calculating the gross floor
area of the main dwelling unit for calculation purposes uses such as 5.2 HOME OCCUPATIONS or
other like provisions of this ordinance home occupations as provided in sections 5.2 and 5.2A and other
similar uses in this chapter whose area within a dwelling unit is regulated.
d. An accessory apartment shall enjoy all accessory uses availed to the main dwelling, except that no
accessory apartment shall be permitted as accessory to another accessory apartment.
e. Any single family dwelling containing an accessory apartment shall be provided with a minimum of
three (3) off-street parking spaces, arranged so that each parking space shall have reasonably
uninhibited access to the street, subject to approval of the zoning administrator.
f. A single-family dwelling which adds an accessory apartment shall be deemed to remain a single-family
dwelling and shall be considered one (1) dwelling unit for purposes of area and bulk regulations of the
district in which such dwelling is located.
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4
g. A guest or rental cottage shall not be deemed to be an accessory apartment, but shall be deemed to be a
single-family detached dwelling, whether or not used as such, subject to area and bulk regulations of the
district in which such cottage is located. No accessory apartment shall be permitted within any guest or
rental cottage.
h. The owner must reside in any dwelling to which the apartment unit is accessory or the apartment unit
itself.
i. The provisions of section 4.1.6 notwithstanding, for lots not served by a central sewer system, no
accessory apartment shall be established without written approval from the local office of the Virginia
Department of Health of the location and area for both original and future replacement fields adequate
to serve the main dwelling and accessory apartment.
j. An Aaccessory apartment shall be deemed to be a dwelling unit for the purposes of sections 14-232
Private Roads of Chapter 14, Subdivision of Land of the Code of Albemarle 14-234 and 14-410 of the
Code. (Added 8-10-94)
Sec. 5.2 Home occupations in zoning districts other than the rural area zoning district
Sec. 5.2.1 Clearance of zoning administrator required
Except as herein provided, no home occupation shall be established without approval of the zoning
administrator. Upon receipt of a request to establish a home occupation, Class B, the zoning administrator shall
refer the same to the Virginia Department of Highways and Transportation for approval of entrance facilities
and the zoning administrator shall determine the adequacy of existing parking for such use. No such clearance
shall be issued for any home occupation, Class B, except after compliance with section 5.2.3 hereof. (Amended
3-18-81)
Sec. 5.2.2 Regulations governing home occupations
5.2.2.1 The following regulations shall apply to any home occupation:
a. Such occupation may be conducted either within the dwelling or an accessory structure, or both,
provided that not more than twenty- five (25) percent of the floor area of the dwelling shall be used in
the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory
structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet;
provided that the use of accessory structures shall be permitted only in connection with home
occupation, Class B;
b. There shall be no change in the outside appearance of the buildings or premises, or other visible
evidence of the conduct of such home occupation provided that a home occupation, Class B, may erect
one home occupation Class B sign as authorized by section 4.15 of this chapter. Accessory structures
shall be similar in facade to a single-family dwelling, private garage, shed, barn or other structure
normally expected in a rural or residential area and shall be specifically compatible in design and scale
with other development in the area in which located. Any accessory structure which does not conform to
the setback and yard regulations for main structures in the district in which it is located shall not be used
for any home occupation;
c. There shall be no sales on the premises, other than items hand crafted on the premises, in connection
with such home occupation; this does not exclude beauty shops or one-chair barber shops;
d. No traffic shall be generated by such home occupation in greater volumes than would normally be
expected in a residential neighborhood, and any need for parking generated by the conduct of such
home occupation shall be met off the street;
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5
e. All home occupations shall comply with performance standards set forth in section 4.14;
f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall not be
deemed home occupations.
5.2.2.2 Prior to issuance of clearance for any home occupation, the zoning administrator shall require the
applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing
regulations.
(§ 20-5.2.2, 12-10-80; § 18-5.2.2, Ord. 98-A(1), 8-5-98; Ord. 01-18(3), 5-9-01)
Sec. 5.2.3 Certain permits required
No home occupation, Class B, shall be established until a permit shall have been issued therefor. The provisions
of section 5.2.1 of this ordinance shall apply hereto, mutatis mutandis.
Sec. 5.2.4 Revocation
The zoning administrator may revoke any clearance or permit issued pursuant to this section, after hearing, for
noncompliance with this ordinance or any condition imposed under the authority of this section.
Each home occupation authorized in a zoning district other than the rural areas zoning district shall be subject to
the following:
a. Purpose and intent. The purpose for authorizing home occupations in zoning districts other than the
rural areas zoning district is to encourage limited home-based economic development, balanced with the
need to protect and preserve the quality and character of the county’s residential neighborhoods. The
regulations in this section are intended to ensure that authorized home occupations will be compatible
with other permitted uses and the residential neighborhood by regulating the scale, hours, external
activities, external appearance and other impacts that may arise from a home occupation.
b. Location and area occupied by a home occupation. A home occupation shall be located and sized as
follows:
1. Class A home occupations. A Class A home occupation shall be conducted entirely within the
dwelling unit, provided that not more than twenty-five (25) percent of the gross floor area of the
dwelling unit shall be used for the home occupation and further provided that the gross floor
area used for the home occupation shall not exceed one thousand five hundred (1500) square
feet.
2. Class B home occupations. A Class B home occupation shall be conducted within the dwelling
unit or an accessory structure, or both, provided that not more than twenty-five (25) percent of
the gross floor area of the dwelling unit shall be used for the home occupation and further
provided that the cumulative gross floor area used for the home occupation shall not exceed one
thousand five hundred (1500) square feet.
c. Exterior appearance. The exterior appearance of a parcel with a home occupation shall be subject to
the following:
1, Class A home occupations. There shall be no change in the exterior appearance of a dwelling
unit or other visible evidence of the conduct of a Class A home occupation.
2. Class B home occupations. There shall be no change in the exterior appearance of a dwelling
unit or other visible evidence of the conduct of a Class B home occupation, except that one
home occupation sign may be erected as authorized by section 4.15. Accessory structures shall
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6
be similar in façade to a single-family dwelling, private garage, shed, barn or other structure
normally expected in a residential area and shall be specifically compatible in design and scale
with other residential development in the area in which it is located. Any accessory structure
that does not conform to the applicable setback and yard requirements for primary structures
shall not be used for a home occupation.
d. Sales. No home occupation shall sell goods to a customer who comes to the site except for goods that
are hand-crafted on-site and goods sold that are directly related to a beauty shop or a one-chair barber
shop home occupation.
e. Traffic generated by a home occupation. The traffic generated by a home occupation shall not exceed
the volume that would normally be expected by a dwelling unit in a residential neighborhood.
f. Parking. All vehicles used in a home occupation and all vehicles of employees, customers, clients or
students shall be parked on-site.
g. Performance standards. All home occupations shall comply with the performance standards in section
4.14.
h. Prohibited home occupations. The following uses are prohibited as home occupations: (1) tourist
lodging; (2) nursing homes; (3) nursery schools; (4) day care centers; and (5) private schools.
i. Zoning clearance required. No home occupation shall commence without a zoning clearance issued
under section 31.5, subject to the following:
1. Class A home occupations. Prior to the zoning administrator issuing a zoning clearance for a
Class A home occupation, the applicant shall sign an affidavit affirming his understanding of
the requirements of section 5.2.
2. Class B home occupations. Prior to the zoning administrator issuing a zoning clearance for a
Class B home occupation: (a) there shall be a valid special use permit for the Class B home
occupation; (b) the applicant shall provide the zoning administrator evidence that the Virginia
Department of Transportation has approved the entrance to the site; and (c) the applicant shall
sign an affidavit affirming his understanding of the requirements of section 5.2.
Sec. 5.2A Home occupations in the rural areas zoning district
Each home occupation authorized in the rural areas zoning district shall be subject to the following:
a. Purpose and intent. The purpose for authorizing home occupations in the rural areas zoning district is
to encourage limited home-based economic development, balanced with the need to protect and
preserve the quality and character of the county’s agricultural areas and residential neighborhoods in the
rural areas zoning district. The regulations in this section are intended to ensure that authorized home
occupations will be compatible with other permitted uses, the agricultural areas, and the residential
neighborhoods by regulating the scale, hours, external activities, external appearance and other impacts
that may arise from a home occupation.
b. Location and area occupied by a home occupation. A home occupation shall be located and sized as
follows:
1. Major home occupations. A major home occupation shall be conducted within the dwelling
unit or accessory structures, or both, provided that not more than twenty-five (25) percent of the
gross floor area of the dwelling unit shall be used for the home occupation and further provided
that the cumulative area used for the home occupation, including the gross floor area within the
dwelling unit or any accessory structure and the area used for outdoor storage as provided in
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7
section 5.2A(g), shall not exceed one thousand five hundred (1500) square feet. Plants that are
planted in the ground that are to be used for a major home occupation do not count toward the
one thousand five hundred (1500) square feet limitation.
2. Minor home occupations. A minor home occupation shall be conducted entirely within the
dwelling unit, provided that not more than twenty-five (25) percent of the gross floor area of the
dwelling unit shall be used for the home occupation and further provided that the gross floor
area used for the home occupation shall not exceed one thousand five hundred (1500) square
feet.
c. Exterior appearance. The exterior appearance of a parcel with a home occupation shall be subject to
the following:
1. Major home occupations. There shall be no change in the exterior appearance of a dwelling
unit or other visible evidence of the conduct of a major home occupation, except that one home
occupation sign may be erected as authorized by section 4.15. Accessory structures shall be
similar in façade to a single-family dwelling, private garage, shed, barn or other structure
normally expected in a residential area and shall be specifically compatible in design and scale
with other residential development in the area in which it is located. Any accessory structure
that does not conform to the applicable setback and yard requirements for primary structures
shall not be used for a home occupation.
2, Minor home occupations. There shall be no change in the exterior appearance of a dwelling
unit or other visible evidence of the conduct of a minor home occupation.
d. Visitors and sales. Visitors and sales related to a home occupation shall be subject to the following:
1. Major home occupations. Customers, clients and students may visit a major home occupation.
The sale of goods by the major home occupation to a customer who comes to the site is
prohibited except for goods that are hand-crafted on-site and goods that are directly related to a
major home occupation, including but not limited to tools for pottery making and frames for
artwork.
2. Minor home occupations. No customers, clients or students may visit a minor home occupation
for a purpose related to the home occupation. The sale of goods or the provision of services by
the minor home occupation to a customer, client or student at the site is prohibited.
e. Traffic generated by a major home occupation. The traffic generated by a major home occupation shall
not exceed ten (10) vehicle round trips per day or more than thirty (30) vehicle round trips per week.
For the purposes of this section, a “vehicle round trip” means one vehicle entering and exiting the site.
f. Parking. All vehicles used in a home occupation and all vehicles of employees, customers, clients or
students related to a major home occupation shall be parked on-site.
g. Outdoor storage. The storage of goods, products, equipment other than vehicles used in a home
occupation, or any materials associated with a home occupation, other than natural landscaping
materials such as mulch and plants, outside of an enclosed structure is prohibited.
h. Days and hours of operation for major home occupations. Major home occupations may operate up to
six (6) days per week and the hours of operation shall be between 7:00 a.m. and 8:00 p.m. for those
home occupations that have employees, customers, clients or students visiting the site.
i. Number of vehicles used in a home occupation. The number of vehicles that may be used in a home
occupation that are parked or stored on-site shall not exceed two (2) motor vehicles and two (2) trailers.
Draft: 01/05/11
8
j. Number of home occupations. More than one home occupation is permitted on a parcel, provided that
the area occupied and the traffic generated by the home occupations shall be considered cumulatively
and all requirements of this section shall apply.
k. Performance standards. All home occupations shall comply with the performance standards in section
4.14.
l. Prohibited home occupations. The following uses are prohibited as home occupations: (1) any use
requiring a special use permit under section 10.2.2; (2) animal rescue centers; (3) automobile
graveyards; (4) restaurants; (5) storage yards; (6) gun sales, unless the guns are made on-site by one or
more family members residing within the dwelling unit; (7) on-site pet grooming; (8) body shops;
(9) equipment, trailers, vehicles or machinery rentals; (10) shooting ranges; (11) commercial stables;
(12) rummage or garage sales other than those determined by the zoning administrator to be occasional;
(13) veterinary clinics or hospitals; (14) pyrotechnic (fireworks or bomb) device manufacturing or sales;
and (15) any other use not expressly listed that is determined by the zoning administrator to be contrary
to the purpose and intent of section 5.2A.
m. Waivers and modifications. The waiver or modification of any requirement of section 5.2A is
prohibited except as provided herein:
1. Area. The area requirements in section 5.2A(b) may be waived or modified, provided that the
waiver or modification shall not authorize the home occupation to occupy more than forty-nine
(49) percent of the gross floor area of the dwelling. In granting a waiver or modification of the
area requirement, the commission shall make the following findings in addition to those
findings in section 5.1: (1) the nature of the home occupation requires storage or additional
space within the dwelling unit to conduct the home occupation; (2) the primary use of the
dwelling unit as a residence is maintained; and (3) the waiver or modification would not change
the character of the neighboring agricultural area or the residential neighborhood.
2. Traffic. The traffic limitation in section 5.2A(e) may be waived or modified. In granting a
waiver or modification of the traffic limitation, the commission shall find, in addition to those
findings in section 5.1, that the waiver or modification would not change the character of the
neighboring agricultural area or the residential neighborhood.
n. Zoning clearance required; notice of request. No home occupation shall commence without a zoning
clearance issued under section 31.5. For each zoning clearance requested for a major home occupation,
the zoning administrator shall provide written notice that an application for a zoning clearance has been
submitted to the owner of each abutting parcel under different ownership than the parcel on which the
proposed home occupation would be located. The notice shall identify the proposed home occupation,
its size, its location, and whether any waiver or modification is requested. The notice shall invite the
recipient to submit any comments before the zoning clearance is acted upon. The notice shall be mailed
at least five (5) days prior to the action on the zoning clearance as provided in section 32.4.2.5.
Article III. District Regulations
Sec. 10.2.1 By right
The following uses shall be permitted by right in the RA d istrict, subject to the applicable requirements of this
chapter:
. . .
7. Accessory uses and buildings including major home occupations (reference 5.2A), Class A (reference
5.2), minor home occupations (reference 5.2A), and storage buildings.
Draft: 01/05/11
9
. . .
Sec. 10.2.2 By special use permit
. . .
31. Home occupation, Class B (reference 5.2).
. . .
Article IV. Procedure
Sec. 31.5 Zoning clearance
The zoning administrator shall review requests for zoning clearances as follows:
a. When required. A zoning clearance shall be required in the following circumstances:
1. New use. Prior to establishing a new non-residential, other than an agricultural, use.
2. Change or intensification of existing use. Prior to changing or intensifying an existing non-
residential, other than an agricultural, use.
3. Change of occupant. Prior to a new occupant taking possession of an existing non-residential,
other than an agricultural, use.
4. Specific buildings, structures or uses. Prior to establishing any building, structure or use for
which a zoning clearance is required under section 5.
b. Approval. If the proposed building, structure, improvements, and site, and the proposed use thereof,
comply with this chapter, the zoning administrator shall issue the zoning clearance.
c. Circumstance when zoning clearance shall not be issued. The zoning administrator shall not issue a
zoning clearance if, after review of any site, the zoning administrator determines that additional
improvements are necessary to protect the public health or safety, regardless of whether the
improvements are shown on the site plan. (Added 9-9-92; Amended 10-3-01) (§ 31.2.3.3, 9-9-92; Ord.
01-18(6), 10-3-01)
d. Commercial and industrial uses defined. For the purposes of this section 31.45, production agriculture
is not a commercial or industrial use, and a class A, class B, minor or major home occupation, class A or
class B, is a commercial use. (Added 9-9-92; Amended 10-3-01)
e. Effect of renumbering and renaming. Any other section of this chapter that refers to section 31.2.3.2 or
to a zoning compliance clearance shall be deemed to be a reference to section 31.45 or a zoning
clearance.
(§ 31.2.3.2, 9-9-92; Ord. 01-18(6), 10-3-01)
Sec. 35.1 Fees
Each applicant shall pay the following applicable fees, provided that neither the county nor the county school
board shall be required to pay any fee if it is the applicant:
. . .
Draft: 01/05/11
10
g. Matters considered by the zoning administrator or other officials:
1. Official determinations regarding compliance: $185.00
2. All other official determinations, including development rights: $100.00
3. Zoning clearance for tourist lodging: $100.00
4. Zoning clearance for a home occupation, class A, a major home occupation, or a minor home
occupation: $25.00
5. Zoning clearance for temporary fundraising activity: No fee
6. All other zoning clearances: $50.00
7. Sign permits under section 4.15.4; no ARB review required: $25.00
8. Sign permits under section 4.15.4; ARB review required: $120.00
. . .
The fee shall be in the form of cash or a check payable to the “County of Albemarle.” An application presented
without the required fee shall not be deemed to be submitted and shall not be processed.
(Amended 5- 5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92; Ord. 10-18(7), adopted 8-5-
10 to be effective 1-1-11)
Go to next attachment
Return to exec summary
ZTA200900012 Home Occupations
PC Public Hearing November 21, 2010
Staff Report Page 1
STAFF: Joan McDowell, Principal Planner Rural Areas
PLANNING COMMISSION: November 21, 2010
BOARD OF SUPERVISORS: To Be Determined
ZTA: 200900012 Home Occupations
ORIGIN: Resolution of Intent adopted August 5, 2009 (Attachment I) by the Board Supervisors.
PUBLIC PURPOSE TO BE SERVED: The Rural Areas Plan recognizes the increasing frequency of
applications for home occupations. Restructuring the standards that define which uses are permitted by
right (Minor HO) and which should require additional review (Major HO) could streamline approvals for
low impact uses and more effectively manage or prevent high impact uses. These standards could also
more clearly define which uses (such as those that approximate contractors' storage yards) would not be
permitted as home occupations.
Rural Areas Comprehensive Plan Strategies:
The County should: Review the Zoning Ordinance to re-evaluate by-right uses and uses by special
permit, such as home occupations and farm sales, to encourage uses that promote the preservation of rural
lands and activities, including but not limited to farm sales and agricultural service businesses, low-
impact forms of recreation, temporary special events, arts and crafts sales, garden centers, and discourage
uses that are contrary to the County's growth management policies, including but not limited to swim or
tennis clubs, new schools, and off-site parking for industrial districts.
PROPOSAL: Amend the Albemarle County Zoning Ordinance Rural Areas District to allow Minor
Home Occupations and Major Home Occupations as by-right uses. A by-right permit for all Home
Occupations would allow greater opportunities for occupants of residences to work from home while
maintaining the residential or rural character of the area. Minor and Major Home Occupations would be
available only in the Rural Areas (RA) zoning district. The existing Class A and Class B Home
Occupation regulations would remain in effect for all other zoning districts where they are currently
allowed. Lawful Home Occupation uses in the Rural Areas District existing at the time this ordinance is
adopted would be allowed to continue as nonconforming uses.
BACKGROUND:
On August 17, 2010, the Planning Commission held a second work session to consider furtherchanges to
the zoning ordinance for Home Occupations. Using the direction given by the Planning Commission,
ordinance amendments have been developed and are included as Attachment II. A chart comparing uses
that are allowed for personal use, Class A, Class B, Minor, and Major Home Occupations is included as
reference (Attachment III).
DISCUSSION:
The following summarizes the Planning Commission’s work session discussion (italics) followed by a
brief summary describing how these were addressed in the ordinance.
1. Request for additional consideration of places of worship as a Home Occupation.
Home Occupations are intended to address ‘for profit’ businesses within a residence; therefore,
churches operating within residences (home churches) will be addressed with an upcoming
zoning text amendment for churches.
ZTA200900012 Home Occupations
PC Public Hearing November 21, 2010
Staff Report Page 2
2. Define “small engine repair” to refer to lawnmower/snow blower and the like; should be allowed
as a home occupation; define “public garage/body shop” to clarify that they are intended for
motorized vehicles and would include engine repair.
A public garage is currently defined in the zoning ordinance and no changes to the existing public
garage definition have been proposed. In the Rural Areas zoning district, public garages are
allowed by special use permit.
Sec. 3.1: Garage, Public: A building or portion thereof, other than a private
garage, designed or used for servicing or repairing motor driven vehicles.
(Amended 11-1-89)
In previous HO Class B special use permit applications, three requests for small engine
repair were approved and no applications were denied. The small engine repair use
would continue to be permitted under the proposed regulations as a by-right use and a
special use permit would be required for a public garage. The Zoning Division was
concerned that a list for types of home occupations that would be allowed (along with
their definitions) would be inconsistent and difficult to compile with the zoning
ordinance and is not necessary, in this case.
3. Include the following information in an application for Home Occupation:
- Request for information regarding hazardous, flammable chemicals/materials, which would
trigger sending the Home Occupation application to the Fire Department.
- Major Home Occupation – property owner must sign the application in addition to the
person who will be engaged in the home occupation.
The application would contain these requirements.
4. Add “fireworks, manufacture and sales” to the prohibited Home Occupation list.
Proposed Section 5.2A.i (14) would prohibit pyrotechnic (fireworks or bomb) device
manufacturing or sales.
5. Change of ownership of property would require Home Occupation to be renewed (similar to the
requirement for a zoning clearance when the occupation of a commercial use changes).
Proposed Section 31.5 would require a zoning clearance for a change or intensification of an
existing use and for a change of occupant.
6. Notices to adjacent property owners – increase to two weeks (five days not enough time); put date
when they have to respond or application may be approved. Expand other notices that are
“policy” to two weeks department wide. For Home Occupation ordinance, put in two weeks and
do the others later.
As noted in other ordinance discussions about notice to adjacent owners, it has been our practice
to notify well in advance of the minimum five (5) days stated by the ordinance. Rather than treat
this notice differently than other notices, in the future the Planning Commission may recommend
that an amendment of the zoning ordinance should include a comprehensive review of all zoning
notification requirements.
7. Consider placing lots less than two acres into Major Home Occupation category (concern
regarding truck/trailer in driveway) to see if there are any performance standards that need to be
ZTA200900012 Home Occupations
PC Public Hearing November 21, 2010
Staff Report Page 3
added that would ensure that the neighbors of those smaller parcels would at least know when
major home occupations came through.
The proposed ZTA would apply only to the Rural Areas zoning district. Because the proposed
regulations have been removed from all other districts, it would generally not apply to the smaller
(less than two acres) lots unless by exception as a nonconforming lot. All other residential zoning
districts would be subject to the existing Class A (by right) and Class B (by special use permit)
home occupation regulations.
8. Staff will develop criteria for waivers.
Proposed Section 5.2A (m) allows waivers to be determined by the Planning Commission, which
would provide public notice and provide opportunity for public comment. At the work session,
staff had proposed allowing an administrative waiver. However, in response to the Planning
Commission’s concern regarding notification and potential impacts on neighbors if waivers were
granted, staff recommends that waivers be considered by the Commission, with appeals to the
Board of Supervisors.
Waivers or modifications of requirements of Section 5.2A would be available only for area (size)
and traffic requirements, as the remaining regulations would provide the restrictions necessary for
by-right Home Occupations to comply with the Purpose and Intent for home occupations. In
addition, these two areas were typically the only modifications from regulations that applicants
have requested with previous home occupation Class B permits.
In addition to the Planning Commission recommendations, the proposed zoning text amendment includes
the following changes:
1. General housekeeping and reorganization of the home occupation regulations. Class A and Class
B Home Occupation regulations would remain in effect in all other zoning district (other than the
RA) that currently permits home occupation uses.
2. Grants home occupations as nonconforming uses, if they were existing at the effective date of the
new ordinance. As a nonconforming use, it would be allowed to continue even though it may not
comply with the zoning regulations applicable to the district in which the use is located.
Expansions of those uses would be subject to the current (new) regulations.
3. Added a Purpose and Intent for Home Occupations.
4. Accommodations have been included in this amendment for the requirements of the Artisan Trail,
a non-profit organization that connects individual artisan entrepreneurs by creating, marketing
and linking craft trails throughout the state. These regulations would also apply to other Major
and Minor Home Occupation businesses.
Proposed Section 4.15.2 Signs would allow a home occupation business a maximum 4 sq. ft.
that would identify the business owner and the product or service offered by the home
occupation. Artisan Trail signs containing the logo and identification that this business is on
the Artisan Trail has been interpreted as a directional (incidental) sign; therefore, they would
also be permitted subject to the same size limitations. .
5. Regulations allowing revocation of home occupations have been removed, as zoning compliance
is addressed through the normal enforcement procedures.
ZTA200900012 Home Occupations
PC Public Hearing November 21, 2010
Staff Report Page 4
BUDGET IMPACT:
An amendment to Section 35.1 Fees has been proposed to include a $25.00 fee for both Home
Occupations Major and Minor to obtain a Zoning Compliance. A major home occupation or one
involving a waiver would require a site inspection whereas a minor home occupation would not. The
proposed standards also require notifications to adjacent property owners for either a waiver or a major
home occupation. The fees for notices as previously adopted and effective January 1, 2011, are as
follows: 1. Preparing and mailing or delivering up to fifty (50) notices: $200.00 plus the actual cost of
first class postage. 2. Preparing and mailing or delivering, per notice more than fifty (50): $1.00 plus the
actual cost of first class postage.
Administration / Review Process: A streamlined review process would eliminate the requirement for
special use permits replaced by zoning compliance, an administrative process. Waivers would be
considered by the Planning Commission. Notices to adjacent owners would be required for Major Home
Occupations and for Planning Commission hearings.
Implications to Staffing/Staffing Costs:
No additions to staff are anticipated.
Housing Affordability: The proposed amendment would not affect housing affordability.
RECOMMENDATION:
Staff recommends approval of ZTA2009-12 Home Occupations (Attachment II).
PLANNING COMMISSION MOTION
A. Should a Planning Commissioner choose to recommend approval of this zoning text
amendment:
Move to recommend approval of ZTA 200900012 Home Occupations as recommended by staff.
B. Should a Planning Commissioner choose to recommend denial of this zoning text amendment:
Move to recommend denial of ZTA 200900012 Home Occupations. Should a commissioner motion to
recommend denial, he or she should state the reason(s) for recommending denial.
ATTACHMENTS:
I Resolution of Intent
II Ordinance No. 11-18
III Comparison Chart
IV Staff Report dated August 17, 2010
Return to exec summary
RESOLUTION OF INTENT
WHEREAS, Section 5.2, Home Occupations, of the Zoning Ordinance establishes regulations pertaining
to home occupations conducted in dwellings; and
WHEREAS, under appropriate regulations, home occupations can exist in residential areas with minimal
land use impacts to the neighborhood and the surrounding district and without changing the residential character
of the neighborhood and the district; and
WHEREAS, home occupations are divided into to classes – Home Occupation Class A and Home
Occupation Class B, and those classes are defined Section 3.1, Definitions, of the Zoning Ordinance; and
WHEREAS, the definitions of Home Occupation in Section 3.1 currently allow the occupation to be
conducted in any dwelling unit on the premises but do not expressly require the family to reside in the dwelling
unit in which the home occupation is conducted; and
WHEREAS, it is desired to amend the definitions of Home Occupation in Section 3.1 to allow the
occupation to be conducted only in the dwelling unit in which the family resides in order to better assure that the
residential character of the neighborhoods and districts in which they are situated is preserved and to better assure
that home occupations do not become a detriment to the neighborhood.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a
resolution of intent to amend Section 3.1 and any other related regulations of the Zoning Ordinance deemed
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 recommendation to the Board of
Supervisors, at the earliest possible date.
* * * * *
Draft: 12/14/10
ATTACHMENT II
1
ORDINANCE NO. 11-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE,
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 I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, and Article IV,
Procedure, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 4.15.2 Definitions
Sec. 4.15.6 Signs exempt from the sign permit requirement
Sec. 5.1 Supplementary regulations
Sec. 5.1.34 Accessory apartment
Sec. 10.2.1 By right
Sec. 10.2.2 By special use permit
Sec. 31.5 Zoning clearance
Sec. 35.1 Fees
By Amending, Reorganizing, Renaming and Incorporating the Substance into Another Section (old
section number first, followed by section number in which substance incorporated):
Sec. 5.2 Home occupations in zoning districts other than the rural areas zoning district
Sec. 5.2.1 Sec. 5.2 Clearance of zoning administrator required
Sec. 5.2.2 Sec. 5.2 Regulations governing home occupations
Sec. 5.2.3 Sec. 5.2 Certain permits required
By Repealing:
Sec. 5.2.4 Revocation
By Adding:
Sec. 5.2.A Home occupations in the rural areas zoning district
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Home Occupation, Class A: An occupation, not expressly prohibited by section 5.2, conducted for profit within
a dwelling unit solely by one or more members of the family residing within the dwelling unit; provided that
nothing herein prohibits the occupation from engaging other persons who work off-site and do not come to the
dwelling unit to engage in the occupation. (Amended 8-5-09)
Home Occupation, Class B: An occupation, not expressly prohibited by section 5.2, conducted for profit within
a dwelling unit solely by one or more members of the family residing within the dwelling unit and up to two (2)
additional persons not residing within the dwelling unit, with or without the use of one or more accessory
structures; provided that nothing herein prohibits the occupation from engaging other persons who work off-site
and do not come to the dwelling unit or to any accessory structure to engage in the occupation. (Amended 8-5-
09)
Draft: 12/14/10
ATTACHMENT II
2
Home Occupation, Major: An occupation, not expressly prohibited by section 5.2A, conducted for profit within
a dwelling unit solely by one or more members of the family residing within the dwelling unit and up to two (2)
additional persons not residing within the dwelling unit, with or without the use of accessory structures;
provided that nothing herein prohibits the occupation from engaging other persons who work off-site and do not
come to the dwelling unit or to any accessory structure to engage in the occupation.
Home Occupation, Minor: An occupation, not expressly prohibited by section 5.2A, conducted for profit within
a dwelling unit solely by one or more members of the family residing within the dwelling unit; provided that
nothing herein prohibits the occupation from engaging other persons who work off-site and do not come to the
dwelling unit to engage in the occupation.
. . .
Nonconforming Use: The term “nonconforming use” means a lawful principal use of the lot or a Class A, Class
B, major or minor home occupation existing on the effective date of the zoning regulations applicable to the
district in which the use is located, or a more restricted use, that does not comply with the applicable use
regulations of that zoning district. A nonconforming use may have accessory uses, but an accessory use , other
than a Class A, Class B, major or minor home occupation, shall not be eligible to be a nonconforming use. A
use that is seasonal on the effective date of this chapter shall be eligible to be a nonconforming use. A use that
is casual, intermittent, or temporary on the effective date of this chapter shall not be eligible to be a
nonconforming use. (Amended 6-14-00)
. . .
Article II. Basic Regulations
Sec. 4.15.2 Definitions
The following definitions shall apply in the interpretation and implementation of this section 4.15:
. . .
(25) Home occupation Class B sign. The term “home occupation Class B sign” means a sign on the
premises of a dwelling unit that has an authorized Class B or major home occupation that does not
exceed four (4) square feet in sign area and only states the name of the person occupying the dwelling
and identifies the product or service offered by the home occupation.
. . .
Sec. 4.15.6 Signs exempt from the sign permit requirement
The following signs are exempt from the sign permit requirement set forth in section 4.15.4 provided that they
comply with the regulations set forth below and all other applicable regulations of this section 4.15:
. . .
(7) Home occupation class B sign. A home occupation class B sign that does not exceed four (4) square
feet in sign area.
. . .
Sec. 5.1 Supplementary regulations
Draft: 12/14/10
ATTACHMENT II
3
The following supplementary regulations apply to referenced uses in all districts whether or not such uses are
permitted by right or by special use permit. These supplementary regulations are in addition to all other
requirements of this chapter, the Code, and all other applicable laws. Unless a waiver or modification is
expressly prohibited, Aany requirement of section 5.0 may be modified or waived in an individual case, as
provided herein:
a. The commission may modify or waive any such requirement upon a finding that such requirement
would not forward the purposes of this chapter or otherwise serve the public health, safety, or welfare;
or that a modified regulation would satisfy the purposes of this chapter to at least an equivalent degree
as the specified requirement; and upon making any finding expressly required for the modification or
waiver of a specific requirement; except that, in no case, shall such action constitute a modification or
waiver of any applicable general regulation set forth in section 4.0 or any district regulation. In granting
such a modification or waiver, the commission may impose such conditions as it deems necessary to
protect the public health, safety, or welfare.
b. The board of supervisors shall consider a modification or waiver of any requirement of section 5.0 only
as follows:
1. The denial of a modification or waiver, or the approval of a modification or waiver with
conditions objectionable to the developer may be appealed to the board of supervisors as an
appeal of a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as
provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A
modification or waiver considered by the commission in conjunction with an application for a
special use permit shall be subject to review by the board of supervisors.
2. In considering a modification or waiver, the board may grant or deny the modification or waiver
based upon the finding set forth in subsection (a), amend any condition imposed by the
commission, and impose any conditions it deems necessary for the reasons set forth in
subsection (a).
(12-10-80; 9-9-92; Ord. 01-18(4), 5-9-01)
Sec. 5.1.34 Accessory apartment
Each accessory apartment shall be subject to the following:
a. An accessory apartment shall be permitted only within the structure of the main dwelling to which it is
accessory. Usage of freestanding garage or other accessory structure for an accessory apartment is
expressly prohibited. Not more than one (1) accessory apartment shall be permitted within any single-
family detached dwelling.
b. The gross floor area devoted to an accessory apartment shall not exceed thirty-five (35) percent of the
total gross floor area of the structure in which it is located.
c. The gross floor area of such an accessory apartment shall not be included in calculating the gross floor
area of the main dwelling unit for calculation purposes uses such as 5.2 HOME OCCUPATIONS or
other like provisions of this ordinance home occupations as provided in sections 5.2 and 5.2A and other
similar uses in this chapter whose area within a dwelling unit is regulated.
d. An accessory apartment shall enjoy all accessory uses availed to the main dwelling, except that no
accessory apartment shall be permitted as accessory to another accessory apartment.
Draft: 12/14/10
ATTACHMENT II
4
e. Any single family dwelling containing an accessory apartment shall be provided with a minimum of
three (3) off-street parking spaces, arranged so that each parking space shall have reasonably
uninhibited access to the street, subject to approval of the zoning administrator.
f. A single-family dwelling which adds an accessory apartment shall be deemed to remain a single-family
dwelling and shall be considered one (1) dwelling unit for purposes of area and bulk regulations of the
district in which such dwelling is located.
g. A guest or rental cottage shall not be deemed to be an accessory apartment, but shall be deemed to be a
single-family detached dwelling, whether or not used as such, subject to area and bulk regulations of the
district in which such cottage is locate. No accessory apartment shall be permitted within any guest or
rental cottage.
h. The owner must reside in any dwelling to which the apartment unit is accessory or the apartment unit
itself.
i. The provisions of section 4.1.6 notwithstanding, for lots not served by a central sewer system, no
accessory apartment shall be established without written approval from the local office of the Virginia
Department of Health of the location and area for both original and future replacement fields adequate
to serve the main dwelling and accessory apartment.
j. An Aaccessory apartment shall be deemed to be a dwelling unit for the purposes of sections 14-232
Private Roads of Chapter 14, Subdivision of Land of the Code of Albemarle 14-234 and 14-410 of the
Code. (Added 8-10-94)
Sec. 5.2 Home occupations in zoning districts other than the rural area zoning district
Sec. 5.2.1 Clearance of zoning administrator required
Except as herein provided, no home occupation shall be established without approval of the zoning
administrator. Upon receipt of a request to establish a home occupation, Class B, the zoning administrator shall
refer the same to the Virginia Department of Highways and Transportation for approval of entrance facilities
and the zoning administrator shall determine the adequacy of existing parking for such use. No such clearance
shall be issued for any home occupation, Class B, except after compliance with section 5.2.3 hereof. (Amended
3-18-81)
Sec. 5.2.2 Regulations governing home occupations
5.2.2.1 The following regulations shall apply to any home occupation:
a. Such occupation may be conducted either within the dwelling or an accessory structure, or both,
provided that not more than twenty- five (25) percent of the floor area of the dwelling shall be used in
the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory
structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet;
provided that the use of accessory structures shall be permitted only in connection with home
occupation, Class B;
b. There shall be no change in the outside appearance of the buildings or premises, or other visible
evidence of the conduct of such home occupation provided that a home occupation, Class B, may erect
one home occupation Class B sign as authorized by section 4.15 of this chapter. Accessory structures
shall be similar in facade to a single-family dwelling, private garage, shed, barn or other structure
normally expected in a rural or residential area and shall be specifically compatible in design and scale
with other development in the area in which located. Any accessory structure which does not conform to
Draft: 12/14/10
ATTACHMENT II
5
the setback and yard regulations for main structures in the district in which it is located shall not be used
for any home occupation;
c. There shall be no sales on the premises, other than items hand crafted on the premises, in connection
with such home occupation; this does not exclude beauty shops or one-chair barber shops;
d. No traffic shall be generated by such home occupation in greater volumes than would normally be
expected in a residential neighborhood, and any need for parking generated by the conduct of such
home occupation shall be met off the street;
e. All home occupations shall comply with performance standards set forth in section 4.14;
f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall not be
deemed home occupations.
5.2.2.2 Prior to issuance of clearance for any home occupation, the zoning administrator shall require the
applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing
regulations.
(§ 20-5.2.2, 12-10-80; § 18-5.2.2, Ord. 98-A(1), 8-5-98; Ord. 01-18(3), 5-9-01)
Sec. 5.2.3 Certain permits required
No home occupation, Class B, shall be established until a permit shall have been issued therefor. The provisions
of section 5.2.1 of this ordinance shall apply hereto, mutatis mutandis.
Sec. 5.2.4 Revocation
The zoning administrator may revoke any clearance or permit issued pursuant to this section, after hearing, for
noncompliance with this ordinance or any condition imposed under the authority of this section.
Each home occupation authorized in a zoning district other than the rural areas zoning district shall be subject to
the following:
a. Purpose and intent. The purpose for authorizing home occupations in zoning districts other than the
rural areas zoning district is to encourage limited home-based economic development, balanced with the
need to protect and preserve the quality and character of the county’s residential neighborhoods. The
regulations in this section are intended to ensure that authorized home occupations will be compatible
with other permitted uses and the residential neighborhood by regulating the scale, hours, external
activities, external appearance and other impacts that may arise from a home occupation.
b. Location and area occupied by a home occupation. A home occupation shall be located and sized as
follows:
1. Class A home occupations. A Class A home occupation shall be conducted entirely within the
dwelling unit, provided that not more than twenty-five (25) percent of the gross floor area of the
dwelling unit shall be used for the home occupation and further provided that the gross floor
area used for the home occupation shall not exceed one thousand five hundred (1500) square
feet.
2. Class B home occupations. A Class B home occupation shall be conducted within the dwelling
unit or an accessory structure, or both, provided that not more than twenty-five (25) percent of
the gross floor area of the dwelling unit shall be used for the home occupation and further
Draft: 12/14/10
ATTACHMENT II
6
provided that the cumulative gross floor area used for the home occupation shall not exceed one
thousand five hundred (1500) square feet.
c. Exterior appearance. The exterior appearance of a parcel with a home occupation shall be subject to
the following:
1, Class A home occupations. There shall be no change in the exterior appearance of a dwelling
unit or other visible evidence of the conduct of a Class A home occupation.
2. Class B home occupations. There shall be no change in the exterior appearance of a dwelling
unit or other visible evidence of the conduct of a Class B home occupation, except that one
home occupation sign may be erected as authorized by section 4.15. Accessory structures shall
be similar in façade to a single-family dwelling, private garage, shed, barn or other structure
normally expected in a residential area and shall be specifically compatible in design and scale
with other residential development in the area in which it is located. Any accessory structure
that does not conform to the applicable setback and yard requirements for primary structures
shall not be used for a home occupation.
d. Sales. No home occupation shall sell goods to a customer who comes to the site except for goods that
are hand-crafted on-site and goods sold that are directly related to a beauty shop or a one-chair barber
shop home occupation.
e. Traffic generated by a home occupation. The traffic generated by a home occupation shall not exceed
the volume that would normally be expected by a dwelling unit in a residential neighborhood.
f. Parking. All vehicles used in a home occupation and all vehicles of employees, customers, clients or
students shall be parked on-site.
g. Performance standards. All home occupations shall comply with the performance standards in section
4.14.
h. Prohibited home occupations. The following uses are prohibited as home occupations: (1) tourist
lodging; (2) nursing homes; (3) nursery schools; (4) day care centers; and (5) private schools.
i. Zoning clearance required. No home occupation shall commence without a zoning clearance issued
under section 31.5, subject to the following:
1. Class A home occupations. Prior to the zoning administrator issuing a zoning clearance for a
Class A home occupation, the applicant shall sign an affidavit affirming his understanding of
the requirements of section 5.2.
2. Class B home occupations. Prior to the zoning administrator issuing a zoning clearance for a
Class B home occupation: (a) the applicant shall obtain a special use permit for a Class B home
occupation under section 31.6; (b) the zoning administrator shall be provided evidence that the
Virginia Department of Transportation has approved the entrance to the site; and (c) the
applicant shall sign an affidavit affirming his understanding of the requirements of section 5.2.
Sec. 5.2A Home occupations in the rural areas zoning district
Each home occupation authorized in the rural areas zoning district shall be subject to the following:
a. Purpose and intent. The purpose for authorizing home occupations in the rural areas zoning district is
to encourage limited home-based economic development, balanced with the need to protect and
Draft: 12/14/10
ATTACHMENT II
7
preserve the quality and character of the county’s agricultural areas and residential neighborhoods in the
rural areas zoning district. The regulations in this section are intended to ensure that authorized home
occupations will be compatible with other permitted uses, the agricultural areas, and the residential
neighborhoods by regulating the scale, hours, external activities, external appearance and other impacts
that may arise from a home occupation.
b. Location and area occupied by a home occupation. A home occupation shall be located and sized as
follows:
1. Major home occupations. A major home occupation shall be conducted within the dwelling
unit or accessory structures, or both, provided that not more than twenty-five (25) percent of the
gross floor area of the dwelling unit shall be used for the home occupation and further provided
that the cumulative area used for the home occupation, including the gross floor area within the
dwelling unit or any accessory structure and the area used for outdoor storage as provided in
section 5.2A(g), shall not exceed one thousand five hundred (1500) square feet. Plants that are
planted in the ground that are to be used for a major home occupation do not count toward the
one thousand five hundred (1500) square feet limitation.
2. Minor home occupations. A minor home occupation shall be conducted entirely within the
dwelling unit, provided that not more than twenty-five (25) percent of the gross floor area of the
dwelling unit shall be used for the home occupation and further provided that the gross floor
area used for the home occupation shall not exceed one thousand five hundred (1500) square
feet.
c. Exterior appearance. The exterior appearance of a parcel with a home occupation shall be subject to
the following:
1. Major home occupations. There shall be no change in the exterior appearance of a dwelling
unit or other visible evidence of the conduct of a major home occupation, except that one home
occupation sign may be erected as authorized by section 4.15. Accessory structures shall be
similar in façade to a single-family dwelling, private garage, shed, barn or other structure
normally expected in a residential area and shall be specifically compatible in design and scale
with other residential development in the area in which it is located. Any accessory structure
that does not conform to the applicable setback and yard requirements for primary structures
shall not be used for a home occupation.
2, Minor home occupations. There shall be no change in the exterior appearance of a dwelling
unit or other visible evidence of the conduct of a minor home occupation.
d. Sales. Sales related to a home occupation shall be subject to the following:
1. Major home occupations. The sale of goods by a major home occupation to a customer who
comes to the site is prohibited except for goods that are hand-crafted on-site and goods that are
directly related to a major home occupation, including but not limited to tools for pottery
making and frames for artwork.
2. Minor home occupations. The sale of goods by a minor home occupation to a customer who
comes to the site is prohibited.
e. Traffic generated by a major home occupation. The traffic generated by a major home occupation shall
not exceed more than ten (10) vehicle round trips per day or more than thirty (30) vehicle round trips
per week. For the purposes of this section, a “vehicle round trip” means one vehicle entering and
exiting the site.
Draft: 12/14/10
ATTACHMENT II
8
f. Parking. All vehicles used in a home occupation and all vehicles of employees, customers, clients or
students shall be parked on-site.
g. Outdoor storage. The storage of goods, products, equipment other than vehicles used in a home
occupation, or any materials associated with a home occupation, other than natural landscaping
materials such as mulch and plants, outside of an enclosed structure is prohibited.
h. Days and hours of operation for major home occupations. Major home occupations may operate up to
six (6) days per week and the hours of operation shall be between 7:00 a.m. and 8:00 p.m. for those
home occupations that have employees, customers, clients or students visiting the site.
i. Number of vehicles used in a home occupation. The number of vehicles that may be used in a home
occupation that are parked or stored on-site shall not exceed two (2) motor vehicles and two (2) trailers
j. Number of home occupations. More than one home occupation is permitted on a parcel, provided that
the area occupied and the traffic generated by the home occupations shall be considered cumulatively
and all requirements of this section shall apply.
k. Prohibited home occupations. The following uses are prohibited as home occupations: (1) any use
requiring a special use permit under section 10.2.2; (2) animal rescue centers; (3) automobile
graveyards; (4) restaurants; (5) storage yards; (6) gun sales, unless the guns are made on-site by one or
more family members residing within the dwelling unit; (7) on-site pet grooming; (8) body shops;
(9) equipment, trailers, vehicles or machinery rentals; (10) shooting ranges; (11) commercial stables;
(12) rummage or garage sales other than those determined by the zoning administrator to be occasional;
(13) veterinary clinics or hospitals; (14) pyrotechnic (fireworks or bomb) device manufacturing or sales;
and (15) any other use not expressly listed that is determined by the zoning administrator to be contrary
to the purpose and intent of section 5.2A.
l. Waivers and modifications. The waiver or modification of any requirement of section 5.2A is
prohibited except as provided herein:
1. Area. The area requirements in section 5.2A(b) may be waived or modified, provided that the
waiver or modification shall not authorize the home occupation to occupy more than forty-nine
(49) percent of the gross floor area of the dwelling. In granting a waiver or modification of the
area requirement, the commission shall make the following findings in addition to those
findings in section 5.1: (1) the nature of the home occupation requires storage or additional
space within the dwelling unit to conduct the home occupation; (2) the primary use of the
dwelling unit as a residence is maintained; and (3) the waiver or modification would not change
the character of the neighboring agricultural area or the residential neighborhood.
2. Traffic. The traffic limitation in section 5.2A(e) may be waived or modified. In granting a
waiver or modification of the traffic limitation, the commission shall find, in addition to those
findings in section 5.1, that the waiver or modification would not change the character of the
neighboring agricultural area or the residential neighborhood.
m. Zoning clearance required; notice of request. No home occupation shall commence without a zoning
clearance issued under section 31.5. For each zoning clearance requested for a major home occupation,
the zoning administrator shall provide written notice that an application for a zoning clearance has been
submitted to the owner of each abutting parcel under different ownership than the parcel on which the
proposed home occupation would be located. The notice shall identify the proposed home occupation,
its size, its location, and whether any waiver or modification is requested. The notice shall invite the
Draft: 12/14/10
ATTACHMENT II
9
recipient to submit any comments before the zoning clearance is acted upon. The notice shall be mailed
at least five (5) days prior to the action on the zoning clearance as provided in section 32.4.2.5.
Article III. District Regulations
Sec. 10.2.1 By right
The following uses shall be permitted by right in the RA d istrict, subject to the applicable requirements of this
chapter:
. . .
7. Accessory uses and buildings including major home occupations (reference 5.2A), Class A (reference
5.2), minor home occupations (reference 5.2A), and storage buildings.
. . .
Sec. 10.2.2 By special use permit
. . .
31. Home occupation, Class B (reference 5.2).
. . .
Article IV. Procedure
Sec. 31.5 Zoning clearance
The zoning administrator shall review requests for zoning clearances as follows:
a. When required. A zoning clearance shall be required in the following circumstances:
1. New use. Prior to establishing a new non-residential, other than an agricultural, use.
2. Change or intensification of existing use. Prior to changing or intensifying an existing non-
residential, other than an agricultural, use.
3. Change of occupant. Prior to a new occupant taking possession of an existing non-residential,
other than an agricultural, use.
4. Specific buildings, structures or uses. Prior to establishing any building, structure or use for
which a zoning clearance is required under section 5.
b. Approval. If the proposed building, structure, improvements, and site, and the proposed use thereof,
comply with this chapter, the zoning administrator shall issue the zoning clearance.
c. Circumstance when zoning clearance shall not be issued. The zoning administrator shall not issue a
zoning clearance if, after review of any site, the zoning administrator determines that additional
improvements are necessary to protect the public health or safety, regardless of whether the
improvements are shown on the site plan. (Added 9-9-92; Amended 10-3-01) (§ 31.2.3.3, 9-9-92; Ord.
01-18(6), 10-3-01
Draft: 12/14/10
ATTACHMENT II
10
d. Commercial and industrial uses defined. For the purposes of this section 31.45, production agriculture
is not a commercial or industrial use, and a class A, class B, minor or major home occupation, class A or
class B, is a commercial use. (Added 9-9-92; Amended 10-3-01)
e. Effect of renumbering and renaming. Any other section of this chapter that refers to section 31.2.3.2 or
to a zoning compliance clearance shall be deemed to be a reference to section 31.45 or a zoning
clearance.
(§ 31.2.3.2, 9-9-92; Ord. 01-18(6), 10-3-01)
Sec. 35.1 Fees
Each applicant shall pay the following applicable fees, provided that neither the county nor the county school
board shall be required to pay any fee if it is the applicant:
. . .
g Matters considered by the zoning administrator or other officials:
1. Official determinations regarding compliance: $185.00
2. All other official determinations, including development rights: $100.00
3. Zoning clearance for tourist lodging: $100.00
4. Zoning clearance for a home occupation, class A, a major home occupation, or a minor home
occupation: $25.00
5. Zoning clearance for temporary fundraising activity: No fee
6. All other zoning clearances: $50.00
7. Sign permits under section 4.15.4; no ARB review required: $25.00
8. Sign permits under section 4.15.4; ARB review required: $120.00
. . .
The fee shall be in the form of cash or a check payable to the “County of Albemarle.” An application presented
without the required fee shall not be deemed to be submitted and shall not be processed.
(Amended 5- 5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92; Ord. 10-18(7), adopted 8-5-
10 to be effective 1-1-11)
Go to next attachment
Return to staff report
ZTA 2009-12 Home Occupations Comparison Chart ATTACHMENT III
Planning Commission 12/21/10
Albemarle Home Occupation Permits Comparison of Existing Home Occupation Regulations and By-right Uses
REGULATION
Personal
use
Class A
(business)
Class B
(business)
Proposed
Minor
(business)
Proposed
Major
(business)
Application Process
Administrative
Special Use Permit
n/a
n/a
Business in residence (25% 1,500 SF
max)
none
Business in accessory structure none
Employees (not living at residence) none
Employees (living at residence) none
Customers (at residence) none (≤ 7 / week)
Outside storage
Commercial Vehicles 1 vehicle
& 1 trailer
2 vehicles
& 2 trailers
2 vehicles
& 2 trailers
Sales of goods produced on
premises and sold to customers at
site
none
Zoning Clearance Required n/a
Open Houses none
Fees (beginning 2011) n/a $ 25.00 $1,000+
notice
$25.00 $ 25 + notice
(min. $200)
waiver $425
Go to next attachment
Return to staff report
ZTA 2009-12 Home Occupations Comparison Chart ATTACHMENT III
Planning Commission 12/21/10
ZTA200900012 Home Occupations
PC Work Session August 17, 2010
Staff Report Page 1
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2009-13 Home Occupations
SUBJECT/PROPOSAL/REQUEST: Second Planning
Commission work session to discuss and recommend
zoning text amendments regarding Home Occupations
STAFF CONTACT(S):
Cilimberg, McDowell
REVIEWED BY:
Cilimberg
AGENDA DATE:
August 17, 2010
ACTION:
INFORMATION:
X
ATTACHMENTS: Yes
BACKGROUND:
At a work session on June 15, 2010, the Planning Commission reviewed ZTA200900013 Home
Occupations, a zoning ordinance text amendment proposal intended to consolidate the existing
Home Occupation Class A and Class B permits subject to performance standards that would
mitigate potential impacts. Currently, Home Occupations Class B require approval of a special
use permit. When consolidated, the proposed amendment would allow Home Occupations
(HO) to be subject to administrative review and action, with appeals heard by the Board of
Zoning Appeals. Waivers of standards would be subject to Planning Commission review and
action. The staff report and Planning Commission action from that work session is included as
Attachment A.
At the June work session, the Home Occupation Zoning Text Amendment proposal included
both the Rural Areas and the Development Areas zoning districts that currently allow Home
Occupations. In consideration of concerns articulated by the Planning Commission regarding
potential impacts of businesses conducted in residential neighborhoods, especially in
neighborhoods with small lots, the current proposal has been modified to apply only in the Rural
Areas zoning district. The existing Home Occupation regulations (Class A and Class B) would
continue to apply to all other zoning districts where home occupations are currently allowed.
It should be noted that some residential zoning districts, for example the Planned Residential
District, are present in both the Rural Areas and the Development Areas land use categories of
the Comprehensive Plan. However, zoning ordinance regulations do not apply to
Comprehensive Plan land use designations - they only apply to zoning districts.
ZTA200900012 Home Occupations
PC Work Session August 17, 2010
Staff Report Page 2
PURPOSE OF WORK SESSION
In June, the Planning Commission requested that staff provide additional information for some
aspects of the proposed amendment, in order for the Commission to more fully consider the
amendments. The Commission requested issues have been copied below in italics, followed by
staff responses.
1. Maintain a Class B of certain higher-intensity or impact businesses that require notice to
neighbors (before approval) similar to what we are doing with farm sales. This type of notice
does not send it to the PC;
The proposed amendment would establish Minor and Major Home Occupation
classifications, similar to the existing Class A (administrative approval) and Class B
(special use permit). The standards for Minor and Major HOs have been based on 1)
existing policy; 2) standards that have applied to other HO applications; 3) other
localities; and 4) Zoning Text Amendment Team discussions.
Minor Home Occupation Major Home Occupation
HO permit required (administrative)* Zoning Clearance required (administrative)*
No employees Two employees allowed**
No customers visits Customer visits allowed**
No accessory building used for HO One accessory building used for HO allowed
Not require Certified Engineer’s Report** May require Certified Engineers Report***
One truck/one trailer with on-site parking;
no limit on the size
Two trucks/two trailers with on-site parking;
no limit on the size of either
No notice to adjacent property owners,
unless waiver is requested
Notice to adjacent property owners sent prior
to approval of HO
Waivers of regulations available for
number of trucks/trailers and size of the
HO within the residence****
Waivers of regulations available for all
standards, except the number of employees
(included in definition)****
No limit on the hours/days of operation Max. 6 days/week; 7 AM to 8 PM
25% of residence can be used (no more
than 1,500 sq.ft.); no HO use of accessory
structures; waiver up to 49% of residence
possible
25% of residence; any portion or all of
accessory structure; no more than 1,500
sq.ft. total in both the residence and the
accessory structure; waiver up to 49%
possible for residence for the HO use
No direct sales from site Direct sales of hand crafted items and items
accessory to the business, such as pottery
tools, musical instruments, repair materials
* As currently required, zoning permit would continue to be required prior to issuance of
a Minor HO. A copy of the current Class A permit is attached as reference (Attachment
B). A permit would be developed for a Minor HO. A zoning clearance (Attachment B),
issued by the Zoning Administrator, would require that owners of abutting properties of
different ownership than the lot on which the proposed use would be sent a notice
identifying the proposed use is located and invite the recipient to submit any comments
before the zoning clearance is acted upon. The notice would be mailed five days before
action on the zoning clearance.
ZTA200900012 Home Occupations
PC Work Session August 17, 2010
Staff Report Page 3
** Both employees and customers would be regulated by a maximum of 30 vehicle
roundtrips/week with maximum of 10 vehicle roundtrips on any one day for vehicle trips
made in the conduct of the home occupation. Parking for the Home Occupation
(employees, customers, business vehicles) shall be off the street and on the property
containing the Home Occupation. (Unchanged from June 15th work session.)
*** Certified Engineer’s Report required for uses of an industrial character prior to issuing
a zoning compliance clearance (Attachment C). It is not necessary for the report to be
approved prior to approval of the use.
**** Waivers of regulations would be subject to review by the Planning Commission.
Waiver requests would require sending notices to adjacent property owners advising
them of the HO application and of any waiver request. Staff is developing criteria for
granting waivers and include this criteria in the Home Occupation ZTA package for the
Commission public hearing.
2. Show more of a direct comparison of existing versus proposed regulations versus “by-right”.
Some confusion, for example the employee who can park his work truck and trailer
anywhere, but if it’s his business he is restricted as to location/number and what is by-right
parking for a non-home occupation;
A chart has been developed to show what is allowed for personal use compared with
exiting HO regulations and the proposed HO regulations (Attachment D). Note that
having a HO permit does not preclude a resident from enjoying all of the permitted
activities allowed for personal use, including parking a vehicle owned by his or her
employer at their residence. The HO regulations are only intended to address the
potential for the more intensive impacts associated with having a business use located in
a residence.
3. Remove restriction from accessory structure as to % use and just use overall square footage
limit of 1,500 sq. ft.;
The percentage limit on the accessory building has been removed; the existing
restriction of 25% of the residence would remain, with a potential to allow up to 49%
subject to a waiver that would take into consideration circumstances particular to the
type of business, the general location, the proximity of other residences, and the lot size
and topography. The 49% would ensure that the residential use would remain the
primary use. The existing restriction of 1,500 square feet for the overall size limitation
for a home occupation would also remain unchanged.
4. Change (not similar but complimentary) [to provide greater flexibility of design] or eliminate
reference to façade of building.
Regulations pertaining to aesthetics have been removed, as accessory structures could
be constructed for personal use with only a building permit and later converted to a
Home Occupation use.
5. Change “total trip” to “round trip.” Mr. Franco was concerned this is inconsistent with our
other trip calculations (a single trip).
ZTA200900012 Home Occupations
PC Work Session August 17, 2010
Staff Report Page 4
Total trip would be replaced by round trip.
6. Identify which types of home occupations may not work in Rural Areas or Development
Areas. This discussion included whether some of the trailers, etc. that could be
accommodated on residential lots, particularly if smaller sized lots. May want to consider
setbacks for trailer parking.
The proposed Home Occupation (Major and Minor) text amendment would apply only in
the Rural Areas District.
In Zoning Districts where Home Occupations are allowed, other than the Rural Areas
District, the existing Home Occupation Class A and Class B regulations would continue
to apply.
The Rural Areas zoning district would better accommodate larger trucks and trailers with
less potential for negative impact on the adjacent parcels, due to the larger size of the
parcels. Therefore, no size restrictions on trucks and trailers would be imposed.
Trucks and trailers would be required to park off street and on the property in which the
Home Occupation is conducted.
7. Address gun sales as a home occupation, if allowed by federal law.
The existing HO regulations allow only hand crafted items and items accessory to the
business to be sold on the premises; therefore, gun sales are permitted, as long as the
gun is hand crafted on the premises. Currently, one such HO is operating within the
county under a HO Class B permit.
8. Hours of operation – to relate only to times when employee, customer or outside activity
occurs.
Hours and days of operation would be applicable only for HOs that have employees,
customers, and/or the operation of the HO is within an accessory structure.
The days of operation would be changed from 7 days/week to 6 days/week; the hours of
operation (7:00 AM to 8 PM) have not been changed from the June proposal.
9. Identify specific home occupations that would be allowed or prohibited;
See Attachment E for a chart of proposed prohibited uses. All other uses would be
allowed, provided that they could meet all of the requirements of the ordinance or
receive approval of waiver/s.
10. Identify thresholds that would require additional review if determined that they may have
impacts.
Home occupations that would utilize an accessory structure in the conduct of the home
occupation, and/or allow employees, and/or allow customers would be classified as a
Major Home Occupation and/or utilize more than one truck/one trailer parked on-site
would be required to obtain approval of a zoning clearance. The zoning clearance would
require notification of adjacent property owners.. Minor Home Occupations would not
require a Zoning Clearance; however, they would be required to obtain a zoning permit
similar to the HO Class A permit currently being used (Attachment B). .
ZTA200900012 Home Occupations
PC Work Session August 17, 2010
Staff Report Page 5
11. Discussion of what would be required with a Certified Engineer’s Report and Zoning
Clearance and when they would be required;
• Information pertaining to a Certified Engineer’s Report and the Zoning Clearance
ordinance regulations are included as Attachments B and C.
12. Take out hazardous materials since they are covered by other regulations;
• Hazardous materials regulations would be removed from the proposal.
13. Include applicant affidavit for all applications;
• All applicants (Major and Minor) would be required to sign an affidavit affirming that they
would abide by all regulations. The applicant would also be made aware that violations
would be subject to revocation, under Section 5.2.4 of the Zoning Ordinance. In
addition, the applicant would be advised that the Home Occupation is transferrable to a
new owner of the property; however, if the Home Occupation ceases the approval will
expire. The applicant would be required to re-apply for a Home Occupation should he or
she relocates.
RECOMMENDATION:
After the Planning Commission review and discussion of these issues, staff recommends
the Commission provide any further direction for staff to develop an ordinance with
waiver criteria and direct staff to schedule a Public Hearing for ZTA200900012 Home
Occupations.
Attachments:
A June 15, 2010, Planning Commission work session staff report and Actions
B HO Class A permit application; Zoning Clearance application and information
C Certified Engineers Report information
D Existing and Proposed Home Occupation regulations chart
E Proposed Prohibited Home Occupation Uses
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 21, 2010
DRAFT PARTIAL MINUTES - ZTA-2009-00012 Home Occupations
1
Albemarle County Planning Commission
December 21, 2010
The Albemarle County Planning Commission held a meeting, work session, and public hearing on Tuesday,
December 21, 2010, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401
McIntire Road, Charlottesville, Virginia.
Members attending were Duane Zobrist, Vice-Chairman; Thomas Loach, Chairman; Don Franco, Calvin
Morris, Linda Porterfield, and Russell (Mac) Lafferty. Ed Smith was absent. Julia Monteith, AICP, Senior
Land Use Planner for the University of Virginia, was present.
Other officials present were Joan McDowell, Principal Planner; Gerald Gatobu, Principal Planner; Ron
Higgins, Chief of Zoning; J.T. Newberry, Code Enforcement Officer; Amelia McCulley, Director of
Zoning/Zoning Administrator; Wayne Cilimberg, Director of Planning; Elaine Echols, Senior Planner; Susan
Stimart, Business Development Facilitator; and Greg Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Loach, Chairman, called the regular meeting to order at 6:00 p.m. and established a quorum.
Public Hearing Items:
ZTA-2009-00012 Home Occupations
Amend Secs. 3.1, Definitions, 4.15.2, Definitions, 4.15.6, Signs exempt from the sign permit requirement,
5.1, Supplementary regulations, 5.1.34, Accessory apartment, 10.2.1, By right, 10.2.2, By special use
permit, 31.5, Zoning clearance, 35.1, Fees; amend, reorganize and rename Sec. 5.2, Home occupations,
5.2.1, Clearance of zoning administrator required, 5.2.2, Regulations governing home occupations, 5.2.3,
Certain permits required; repeal Sec. 5.2.4, Revocation; and add Sec. 5.2.A, Home occupations in the rural
areas zoning district, to Chapter 18, Zoning, of the Albemarle County Code. This ordinance would amend
Sec. 3.1 to make m inor amendments to the definitions of Class A and Class B home occupations (home
occs) and the definition of nonconforming use to include certain home occs and to add definitions of major
and minor home occs; amend Sec. 4.15.2 to change the definition of home occupation Class B sign to
home occupation sign which includes signs for major home occs and adds a 4 square feet size limitation;
amend Sec. 4.15.6 to change the reference from home occupation Class B sign to home occupation sign
and delete the 4 square feet size limitation; amend Sec. 5.1 to not allow waivers or modifications when
expressly prohibited; amend Sec. 5.1.34 to add references to major and minor home occs; amend,
reorganize and rename the current regulations for home occs in Sec. 5.2, 5.2.1 , 5.2.2 and 5.2.3 and place
them in a single section and provide that Sec. 5.2’s requirements apply only to home occs in zoning districts
other than the rural areas (RA) zoning district; repeal Sec. 5.2.4 pertaining to revoking approved home
occs; add Sec. 5.2A to establish regulations for home occs in the RA zoning district pertaining to the
location and area occupied, exterior appearance, sales, traffic generated, parking, outdoor storage, days
and hours of operation, open houses, number of vehicles, numb er of home occs, prohibited home occs,
matters that may be waived or modified, obtaining a zoning clearance and notice; amend Sec. 10.2.1 to add
major and minor home occs and delete Class A home occs in the RA zoning district allowed by right;
amend Sec. 10.2.2 to delete Class B home occs in the RA zoning district as a special use; amend Sec. 31.5
to add major and minor home occs as commercial uses for the purposes of requiring a zoning clearance;
and amend Sec. 35.1 to impose a $25 fee for zoning clearances for major or minor home occs, which is
authorized by Virginia Code § 15.2-2286(A)(6).
The full text of the ordinance is available for examination by the public in the offices of the Clerk of the
Board of Supervisors and in the Department of Community Development, County Office Building, 401
McIntire Road, Charlottesville, Virginia. (Joan McDowell)
Ms. McDowell presented a PowerPoint presentation and summarized the staff report for ZTA-2009-00012,
Home Occupations.
Work Sessions were held on June 15, 2010 and August 17, 2010 by the Planning Commission on home
occupations.
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Key Points
Rural Areas Zoning District - only
Existing Class A and Class B remain in non-RA zones where Home Occupation uses are currently
allowed
Existing lawful Home Occupation uses in RA would become nonconforming uses
Minor and Major Home Occupations – Administrative Approvals
Waivers - Planning Commission decision (This is a major change from the work session.)
The waivers would be for Size and Traffic only
Artisan Trail -- identification / directional signs and business signs would be permitted
There was a lot of concern about the potential of the size of home occupations with the traffic and vehicles.
The waivers have been narrowed down to size and traffic only. How this progressed was that staff looked
throughout the history of home occupations in Albemarle and there were only three denials in all these
years. Consequently, staff developed some condition of approval. Staff placed those conditions of
approval on all of them. There were some conditions just for a particular project, but mostly the standard
conditions applied. Staff has developed an ordinance really around those standard conditions. Staff has
developed an artisan trail, which was on-going, that allow for a little directional identification sign. The
Zoning Administrator indicated that would be permitted as an incidental business sign. They would also be
allowed a sign that identifies the business and who runs it.
Staff reviewed the chart in the staff report regarding “Albemarle Home Occupation Permits Comparison of
Existing Home Occupation Regulations and By-right Use.” There was some discussion at the previous
work session where Mr. Franco had some issues with what is allowed for personal use. They are all
allowed for personal use. Therefore, personal use does not go away. The business is in addition to what is
allowed by personal use. The Chart includes the regulation, personal use, Class A (business), Class B
(business), Proposed Minor (business), and Proposed Major (business).
Application Process
Administrative except for Class B (business).
Business in residence (25% 1,500 SF max) - Waivable and applies throughout.
Business in accessory structure – allowed as part of the major and Class B. She noted that there
would be more than one accessory structure allowed for the Major.
Employees (not living at residence) - Allowed with the Major.
Employees (living at residence) – Includes family members and owner living in the residence for all
of them.
Customers (at residence) – Only allowed as part of the Major HO business.
Outside storage – allowed for personal use, but it is not allowed as part of Class A or Class B
unless it is permitted by a condition. It is not permitted for Proposed Minor or Proposed Major.
Commercial Vehicles – There are restrictions being two vehicles and two trailers for Proposed
Major and Proposed Minor. The Class A business allowed one vehicle and one trailer. For
personal use, a commercial vehicle is allowed if it is not related to the Home Occupation business.
Sales of goods produced on premises and sold to customers at site – Allowed with the Proposed
Major business.
Zoning clearance is required throughout.
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Open Houses Added – Because customers are allowed at the house where the business is running
only with a Major. Customers are not allowed with the Minor.
There is a difference in fees as shown in the Chart beginning 2011.
Class A (business) - $25
Class B (business) - $2,000 + notice
Proposed Minor (business) - $25
Proposed Major (business) - $25 + notice (min. $200) Waiver - $425
Albemarle Home Occupation Permits Comparison of Existing Home Occupation Regulations
and By-right Uses
REGULATION
Personal
use
Class A
(business)
Class B
(business)
Proposed
Minor
(business)
Proposed
Major
(business)
Application Process
Administrative
Special Use Permit
n/a
n/a
Business in residence (25%
1,500 SF max)
none
Business in accessory
structure
none
Employees (not living at
residence)
none
Employees (living at
residence)
none
Customers (at residence) none (≤ 7 /
week)
Outside storage
Commercial Vehicles 1
vehicle
& 1
trailer
2
vehicles
& 2 trailers
2
vehicles
& 2 trailers
Sales of goods produced on
premises and sold to
customers at site
none
Zoning Clearance Required n/a
Open Houses none
Fees (beginning 2011) n/a $ 25.00 $2,000+
notice
$25.00 $ 25 +
notice (min.
$200)
waiver
$425
Waivers
• Planning Commission decision
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– Public Hearing
• Notices
• Opportunity for citizen participation
• Waivers Available for
– Size (b - page 7)
• 1,500 sf
• Up to 49% of residence
– Traffic (e - page 7)
• 10 vehicle round trips/day
• 30 vehicle round trips/week
Staff recommends approval of ZTA-2009-12 Home Occupations.
Mr. Loach invited questions for staff
Mr. Morris asked what he would have to do to get a major license for a catering business in Key West,
which is in the rural area with not more than two employees, but with a couple of trucks and trailers. He
would meet all of the requirements here. What does he need to do to get a major license and what are the
steps he would go through.
Ms. McDowell replied that he would come into the front counter at the Community Development Department
and apply for a zoning clearance.
Mr. Morris asked how he would know that he needs to do this and if that information is on the web site. He
was getting very basic, but many people don’t understand the rules and then get into trouble.
Ms. McDowell agreed that was a great idea and that staff can put the information on the web site. After the
Board hears the request and if adopted the new ordinance can be put on the web site. The Board hears the
request on January 12th. The information could also be included in an A-Mail. She noted there is an artisan
trail manager who is aware of all of this. There have been meetings and she will let the participants know
this has gone through.
Mr. Morris asked if he met all of the proposed requirements if there would be public notice saying he is
trying to get one of these licenses so that his neighbors have a chance to weigh in on it.
Ms. McDowell replied yes, if he applied for a waiver.
Mr. Morris noted that if there is no waiver there is no notice to neighbors, and Ms. McDowell replied that
was correct.
Mr. Loach asked when would he cross the threshold from personal use to either a Class A in the growth
area or a Minor. For example, if an attorney is working from home and he is billing for the hour is he a
Home Occupation Class A or is that personal use.
Ms. McDowell replied that a Class A Home Occupation or a Minor would be a for profit business operated in
the home. The business jumps to a Major when there are customers.
Mr. Kamptner suggested that the Zoning Administrator, Ms. McCulley, answer that question because that is
an issue that they routinely encounter under the current Home Occupation regulations.
Mr. Loach said it seems if his home was part of his tax deduction as a business that would be applicable .
However, if all he does were sit at home typing on his computer doing programming that would be personal.
He asked if there is a threshold there.
Ms. McCulley said that there are a couple of indicators that would lead someone to need a home
occupation for business approval at your home. One would be if the business license, IRS papers and all of
that lists your home as your base of business. If an attorney has a law office off site, but has a lot of work
and takes work home to do, then he does not need a home occupation approval at his home for that
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occasional work that he does. However, if an attorney has a business license and IRS papers that lists his
home as his place of business, then he would need a home occupation approval.
Mr. Kamptner asked to answer another question raised by Mr. Morris about how would the neighbors find
out. Applications for both Minor and Major Home Occupations require a zoning clearance. It is the request
for the zoning clearance that will trigger the need for some notice to abutting parcel owners.
Mr. Cilimberg noted that was associated with the Major Home Occupation only.
Ms. McDowell pointed out that on the page 8 in Section 5.2.A(m) it says for each zoning clearance
requested for a Major Home Occupation the Zoning Administrator shall provide written notice. It goes on to
tell who gets the notice.
Mr. Kamptner noted as the staff report indicated staff is recommending a five (5) day written notice period
as the minimum, which is the standard that applies to all of the other County land use applications for which
individual notices are required. Staff also indicated in the report that can be revisited, but they would
recommend that would be a County wide consideration rather than piece mill. The best practices a re that
they have as many common procedures and standards as possible so that everyone can easily understand
what the individual notice is going to be. In this case, it is going to be five days.
Mr. Morris asked if he were going after the Major Home Occupation for catering, then his neighbors would
get a letter.
Mr. Kamptner replied yes, the owner of each abutting property of different ownership than the applicant
would get notice.
Mr. Cilimberg pointed out the reason that is being done is that there are some additional activities in a Major
over a Minor, which is why they are notifying abutting owners under the Major Home Occupation. As an
example, business in an accessory structure is allowed under a Major but not under a Minor. Employe es
are allowed under a Major, but not under a Minor. There are several others areas only allowed under a
Major and the neighbors are notified because of the higher level of activity.
Mr. Morris agreed that the neighbors should be identified.
Mr. Lafferty assumed that it was for five business days.
Ms. McDowell noted that was the standard in other notices.
Mr. Lafferty noted it does not say that in this language.
Mr. Kamptner replied that staff could clarify that and look at the other regulations.
Ms. Porterfield asked if the parcels that abut are owned by the same person if the notification was going to
the next parcel, and Mr. Kamptner replied yes.
Mr. Franco noted that he would like to make sure he understands the vehicle proposal. If he had a
business license and operation somewhere else, he could have many trucks in his yard now because his
business was off-site. As an example for a personal use, he could have ten trucks in his yard at any point
in time.
Ms. McCulley replied that staff would look into it because they would want to understand why he had all of
the trucks parked there yet he did not have business activity from the home. Many times in that
circumstance where many business vehicles are parked at the home they are having employees come to
the home. It would then be a business from the home. Staff would have to look into that particular case.
Mr. Franco asked when he applies for the home occupation is he going to be limited to the number of one
vehicle and one trailer.
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Ms. McCulley replied that it was two vehicles and two trailers that staff is proposing.
Mr. Kamptner noted that would be for those pertaining to the home occupation.
Ms. McCulley noted as an example it would be two trash trucks.
Mr. Franco noted that a better example would be the lawn maintenance people that would have a small pull
behind van, trailer, some equipment, and possibly two trucks all staged to be used on certain days and
rotated. He asked if they could have all of that in the yard. However, if they move their address to home,
then they would be limited in the number of things that they could have in their yards. He wanted to make
sure that by getting the license they are not making it stricter on the number of things that someone could
have in their yards because it was not going to help with compliance.
Mr. McCulley pointed out in terms of numbers that two could be a hardship to someone. However, because
this was in Section 5 the person can come to the Planning Commission and request a waiver of the number
of vehicles.
Ms. McDowell noted that the waivers were limited by size and traffic. If they want to add the number of
vehicles as something that can be waived, they could add that. This is a good time to do that. However, so
far in just looking back they have not had a real issue with folks wanting to have many vehicles as part of a
home occupation.
Ms. McCulley said that staff has not had many complaints where somebody other than the business owner
has all of the vehicles in his yard. Usually he has an investment in that equipment and he wants it on his
property. There is usually some type of activity occurring on his property. Many times, it happens with
contractors because that is how they get started from their home. Staff would have to investig ate and find
out what is happening at the home and if there is another base for the business. Potentially, that person
would have to go through the home occupation approval from the home location. She apologized for the
correction, but staff had gone back and forth on what could and could not be waived. They did make some
changes. In Section 5, anything that is in there can be waived unless it says it cannot be waived. Ms.
McDowell is correct that the number of vehicles cannot be waived. That is an increase from the number
that they currently allow and staff thought that was reasonable.
Mr. Franco said he was trying to make sure they are not creating a disincentive to apply and get a home
occupation and the proper licenses. He was looking at the outdoor storage. If he had woodworking out of
his house, he could have all kind of things in his yard because it was allowed. However, the second he
starts doing it for a business he had to hide all of that stuff. Therefore, it was a disincentive to actually go
and get the legal permit.
Mr. Loach noted that was going back to when someone crosses that threshold if he was actually running a
woodworking business and saying it is okay because he had not applied for a license, but had all of his
wood in the back. If he was actually making profit out of the product, then essentially wasn’t it a business.
Mr. Franco noted that he could see a clear threshold there. As a neighbor and this happened next to him,
he questioned how it would affect him. He did not think it was an incentive for someone to get the permit.
Ms. McCulley thought what he was getting to was that there is a clear advantage of any activity that is
accessory to a residence and related to residence. For example, it is someone’s hobby to do that
woodworking. There is no tidiness ordinance. Once it is a business, they regulate that commercial use
because just by its nature they have to make sure it is subordinate to the residential use and does not
impact the neighbors. She agreed he was correct.
Mr. Zobrist agreed that is a disincentive to apply for the home occupation since the ones that apply are
caught.
Mr. Franco noted that he did not want to make it any harder.
Ms. McDowell pointed out that administrative approval was not only easier and quicker, but is going to be a
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lot less expensive as well.
Mr. Franco said he was happy to make sure it is not going to be a problem and move forward with it.
Ms. Porterfield asked if there is a size limit on the vehicle and if someone could have two 53’ tractor trailers
including the trailer portions and the cabs.
Ms. McDowell replied that staff discussed a size limit on the vehicles, which is one of the reasons staff
decided that it would be more appropriate just to limit the Major and Minor to the rural areas only.
Therefore, they would be looking at larger lots with no vehicle size limitation.
Ms. McCulley noted there would be no vehicle size limitation except to what the lot can accommodate for
on-site off-street parking.
Ms. McDowell noted that the parking has to be off the street.
Ms. Porterfield asked if there is a location specified for the allowed signs.
Ms. McDowell replied that the little Artisan directional signs are 7.5 inches tall.
Ms. Porterfield asked if the home occupation signs are going to have to meet the sign ordinance for the
rural areas, and if the signs allowed would be put in the yard or on the house.
Ms. McCulley replied that there is a sign ordinance in the rural area. More often, there are signs in the yard
at the road so people will know where to turn. The lots are larger and the buildings setback farther from the
road. They can’t obstruct sight distance. There are setback and height requirements as for any sign in the
rural areas. Staff is looking at the sign regulations. The current standards are a ten (10) foot setback and
ten (10) foot height maximum. However, these are pretty small signs.
Ms. Porterfield asked if that needs to be specified somewhere in here that they have to meet the current
sign ordinance of the County.
Mr. Kamptner noted that they were just using a small part of the sign regulations and there are numerous
pages.
Ms. Porterfield noted that staff thought that someone reading this could figure that out. On page 4g, third
line in the middle, they need “located” not “locate.” Under outdoor storage on page 8 staff refers to mulch.
She wondered are they going to have some limitations on this or could they have what was being
suggested on the east end of the county and have that become a home occupation with large piles of mulch
over X number of acres.
Ms. McDowell said that staff did not limit the size or number of mulch piles.
Ms. McCulley noted that the processing of the stumps, woods, and so forth that creates the mulch is in and
of itself, self regulated and may not ever qualify as a home occupation.
Mr. Cilimberg noted that activity would fall under k, prohibited home occupation that lists a number of uses
and other not expressly listed that the zoning administrator would consider to be contrary.
Ms. Porterfield said it could literally be part of a landscaping business, not be part of creating mulch, and
have large piles which inherently in and of itself do things like smell, burn, etc. She wondered if there are
ways to keep things from getting too broad.
Mr. Kamptner said that g. only allows the storage. The creation of mulch would be a processing.
Ms. McCulley pointed out that home occupations are subject to the same performance standards that
industrial uses are subject to, which may be something the County Engineer might want the applicant to
address at the time of the proposal.
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Ms. Porterfield asked if there was a nonconforming lot in the rural areas that is smaller than the two acres i f
there is anything special that they would have to do because they have less land area.
Ms. McDowell replied that staff did not specifically address if there was less than two acres. Staff felt
comfortable with the proposal.
Ms. McCulley noted that some of the nonconforming lots are in subdivisions. Those subdivisions have
covenants that regulate to some extent.
Mr. Kamptner noted that he had sent out an email late in the day pertaining to the recognition that they do
have rural area subdivisions and how these uses may impact the line between the rural suburban style
subdivision in the rural area and the more traditional nature. He asked if there were any comments on that.
Ms. McCulley replied that she had not seen the email.
Mr. Cilimberg replied that he thought staff had viewed these amendments as trying to promote rural
enterprise associated with the purpose and intent of the rural area, which they feel is trying to accomplish in
the rural areas the opportunity for people to use their land and their property for purposes that prevent
further rural subdivisions. So rural subdivision next to home occupations he did not think that they have
considered to be a special case to be addressed. If they look at the purpose and intent of the rural areas, it
says that subdivision and residential developments are supposed to be in the development areas. It does
not include for residential addressing residential impact welfare. It has public, health, and safety, but not
welfare included. To combine that with the Comprehensive Plan that talks about the rural areas being for
the purposes of agricultural, forestal, and rural enterprise activities he thought that there was a little bit of
priority given to that aspect over rural subdivision. Therefore, there was no special language that was
intended to try to treat this use next to a rural subdivision differently. It was just as they don’t have special
language that treats an agricultural enterprise such as farm activity in a special way.
Mr. Loach complimented staff on the forms, which would make it simple to get through the process.
Mr. Loach opened the public hearing and invited public comment.
Morgan Butler, with Southern Environmental Law Center, said making home occupations viable in the rural
areas is a very important goal and serves a number of important purposes. The trick is to make legitimate
home occupations more viable without creating a loophole that basically turns the rural areas into de facto
commercial zoning districts. He commended staff and the Planning Commission for the good balance in
this draft. He offered some comments and questions based on what he had heard tonight.
The first area relates to sales. The provisions limiting on-site sales are one of the most important
provisions in the draft. It will ensure that these home occupations don’t become end to run around
rezoning. There is the provision relating to sales for major home occupations that says the goods
that may be sold have to be directly related to a major home occupation. He suggested that
language be changed to goods that are directly related to the major home occupation to which they
would be sold. The clarification would help avoid the argument that however unlikely it is to come
up that any home occupation may sell goods that are related to any home occupation.
The provision for providing written notice to abutting landowners applies to only major home
occupations. Minor home occupations are excluded. That makes sense because of the very
limited impacts they are foreseeing for minor home occupations. However, when a minor home
occupation is requesting a waiver of the area requirement, then that should be something that
abutting landowners receive notice of as well. In addition to major home occupation abutting
landowners receiving notice of those he would suggest minor home occupations requesting waivers
also require notice.
The draft proposes deleting the section that is in the current ordinance about revocation.
Justification for this in the staff report was that the normal enforcement mechanism would be
pursued. He thought that revocation exceeds the enforcement authority of the County and it was
actually useful to keep that provision in this section of the ordinance so that the limitations of the
ordinance are taken seriously.
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The next question was about minor home occupations. There are no specific provisions that deal
with the traffic generated by minor home occupations and the hours of operation. He understood
that was because minor home occupations were n ot allowed to have customers visit the site. He
did not see where that was specifically spelled out in the ordinance. He saw where they could not
sell goods to customers that visit the site, but not where it spelled out that no clients were to visit
the site. He questioned if a service provider, such as a piano teacher, was not supposed to be a
minor home occupation. He questioned if it was in the definition of home occupation. It was not
clear.
They repeatedly have raised the concern that the five day minimum notice period that is in several
different provisions of the Zoning Ordinance is too short. As Mr. Kamptner pointed out tonight it
probably makes more sense to address that looking at the entire Zoning Ordinance at one time as
opposed to doing it piecemeal. However, five days is clearly too short for the average member of
the public to be able to come up with a informed response. He realized that the County practice is
normally to give much more notice than five days, but still what is in the ordinance is all that is
technically required. They would encourage the Commission to go ahead and do just that, which is
to take a look at the Zoning Ordinance and the notice periods and think about extending them.
Mr. Loach asked what section he suggested changing the “a” to “the.”
Mr. Butler replied that it was on attachment 2, page 7 in d1. One last thing he noticed was the performance
standards provisions. All home occupations are supposed to be subject to the performance standards.
However, where those are located in the draft ordinance he thought it was arguable that performance
standards would only apply to the home occupation class A and class B. It was worth repeating the
performance standards in the section that deals with home occupations in the rural areas.
Neil Williamson, with Free Enterprise Forum, agreed with Mr. Butler with regard to the importance of home
occupations to the rural areas. He disagreed with Mr. Butler’s suggested change on page 7. He could
certainly see a home occupation having a multitude or two or three home occupations in one structure
whereby that consulting service may be doing one, two or three things. Relating it to “a” home occupation
rather that “the” home occupation eliminates that. He made the following comments.
With regard to the waiver process, he was always concerned when waivers are placed into an
ordinance when he could see clearly the need for those waivers on a regular basis. He was fearful
of future commissioner visions on these waivers. He has heard commissioners in this locality and
others say waivers should be rare. These waivers whereby they are utilizing perhaps more than 49
percent of the home he could envision a rural couple having a home, raising children, and then
moving into a home occupation that is successful and they utilize the children’s bedrooms thereby
using more than 49 percent of the area. They would then have to apply for a waiver at a higher
classification. He was not suggesting that was going to be the rule, but would be the exception. He
thought that it should be an exception that should be granted and not one that would bring out the
neighbors to suggest they don’t want any home occupations in the area.
He recalled the question that came up with regard to the Hungarian Bakery. The concerns raised
was the use looks good, but what does it open the door to. He was concerned that if they do the
notification under a Class 2 they were not deciding this should be a by right administrative approval,
but simply asking for more home occupations to come forward for appeal on the basis of the
neighbors whether it was traffic or they were suggesting that the size may exceed the limitation . He
did not have a solution for that, but it would be helpful to have it in the record that they see this as a
potential and that in proper circumstances, which are actually laid out well in the ordinance, that
these waivers should be granted provided they meet the terms of the ordinance.
All in all this is a good effort, especially in the reduction in fee, because the reduction in work on the
County staff is beneficial and certainly will help rural enterprises. Lastly, he was not sure that it was
in the ordinance because it was a zoning administrator determination, but he wanted to make sure
the idea of the Artesian trail signage would also ring true for perhaps the Monticello Wine Trail or
other trails that are supportive of rural enterprise.
There being no further public comment, Mr. Loach closed the public hearing to bring the matter back before
the Commission for further discussion. He asked for Mr. Kamptner’s comments.
Mr. Kamptner made the following comments addressing Mr. “Butler’s suggestions first.
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Regarding the suggestion on page 7, that subsection d1 refer to the sale of goods by “the” major
home occupation that right now it is by “a” home occupation. The context there of changing the “a”
to “the” would be fine because it was prefaced by the introduction clause of a home occupation.
The regulations allow multiple home occupations to exist on a site provided that the y can stay
within the limits that are set forth.
He asked staff regarding the traffic generated by minor home occupations and the example that Mr.
Butler gave regarding the piano teachers in how traffic would be regulated. It might have been
discussed and they decided that it simply would not be regulated.
Ms. McDowell noted that because it was virtually the same process and fee for the zoning clearance that if
there are customers coming to the site, then that is the dividing line he spoke of earlier. Staff had discussed
this and checked with the County Engineer and he agreed that if they have customers that these traffic
regulations would work in a residential area. The piano teacher has customers. If the customers are
coming to and from the site, they must park off the street and it was counted in that. If the children are
walking, then that is an entirely different matter and it becomes a major home occupation.
Mr. Kamptner said that a piano teacher would be a major home occupation.
Ms. McDowell agreed and that the customers would have to park off the street. There was a recent
situation in Key West regarding a piano teacher where they park off the street. Regulating customers if
someone is giving instructions is hard, but there is no difference in impact since they would be regulating
the cars coming to and from the business for whatever business.
Mr. Kamptner said either the definition or standards would need to be changed if they want to regulate
traffic from that type of home occupation. By definition of a minor home occupation, a piano teacher who is
teaching within the house with no employees would meet the definition of a minor home occupation and
would not be subject to any traffic standard. The difference between minor and major i s not determined by
who might be coming to the house. If that is a concern it might need to be adjusted or traffic standards be
imposed for minor home occupations.
Ms. McDowell noted it was difficult working the traffic standard out with the County Engineer and VDOT to
get everybody in agreement to something they felt was reasonable.
Ms. Porterfield suggested taking out “more than” in d. on page 4 regarding traffic generated in the second
line. They are saying that the traffic generated by a major home occupation shall not exceed ten vehicle
round trips per day.
Mr. Kamptner agreed that would be correct.
Mr. Loach noted that Mr. Williamson made a good point about the waiver. He asked if the waiver request
could be an administrative decision or does it always mean that a waiver has to go up to the higher
authority. The waivers as Mr. Williamson noted may be “far between and few” at the Planning Commission
level. He asked if the waivers could be given at staff level
Ms. McDowell replied that at the last work session staff presented waivers as administrative , but there
seemed to be some concern about potential impact among the Commissioners. Staff has essentially did
two things. One was it would be for rural areas only. The other was if they want the neighbors to have an
opportunity to know about it and participate in a public forum, then they could come to the Planning
Commission. In the past ten years, she has found that there have not been many persons that really need
more space or they have a lot of traffic coming and going. She thought the wood workers are the ones who
always need more space due to wood storage and the large equipment and always seem to put the storage
in a barn for protection of the wood and equipment. Therefore, they may see some of those. It certainly is
easier than going for a special use permit.
Mr. Loach suggested since it was so rare that they leave it administrative with the option to bring it to the
Planning Commission.
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Mr. Kamptner noted the other issue Mr. Butler brought up was preserving the revocation as a remedy. Staff
thought about that and discussed it. There is some limited statutory authority for specific types of zoning
problems. The ordinance for many years has had the revocation provision for home occupations.
However, with revocation the ordinance needs to lay out some due process standards because there are
property rights involved. Laying all of those out and the rights of appeal they thought the system was
already in place for enforcement. It is sufficient in most cases. The County has the ability to impose and
seek civil penalties or an injunction ultimately if the violator does not come into compliance. He thought in
general that works well. There are procedural protections built in to the existing system already.
Mr. Loach noted the following concerns had been expressed:
1. On page 7, Section 5.2A.d.1 change “a” to “the” in “. . . and goods that are directly related to a the
major home occupation . . .”
2. No change to the waiver Section 5.2.A.l regarding administrative review. Staff suggested that in future
to consider waivers as a later phase so to obtain additional information in order to establish good
criteria for an administrative review.
3. In Section 5.2.4, Revocation make no changes since the enforcement in place is adequate, and
4. Staff will adjust the language regarding the traffic (Section 5.2.A.e) before it goes to the Board of
Supervisors for final approval.
Mr. Kamptner said there is one other correction to be made on page 6 in I-2 regarding the zoning clearance
process under Section 5.2 for the Class A and Class B. The first is that the applicant shall obtain a special
use permit for a Class B Home Occupation, which needs to be clarified where there is merely a change in
ownership the new owner is not going to have to go through a new special use permit process but through
the zoning clearance process.
Ms. McDowell noted that had been discussed at the last work session. Therefore, staff added it in the draft
language.
Mr. Lafferty noted that there was also the concern with the five day notice, which sounds like it is universal.
Mr. Loach said that it would be a generic discussion rather than a specific discussion for this zoning text
amendment.
Mr. Kamptner said just to follow up on Mr. Lafferty’s original question whether it was five business days or
five calendar days that by statute it was only five calendar days. By practice, staff can tell the Commission
that notice typically goes out well in advance of that five day deadline.
Mr. Cilimberg pointed out the notice was more than five business days in fact.
Ms. Porterfield asked after the Commission takes care of the zoning text amendment if they can go ahead
and ask for a resolution of intent to go back and study the overall five day deadline provision.
Mr. Cilimberg pointed out on staff’s list is a zoning text amendment to clean up the zoning ordinance for
more housekeeping items, which has already gotten a resolution. He asked if staff could address that
concern through the prior resolution.
Mr. Kamptner replied that staff could take a look at it to see if it covers this area. There also has been a
resolution adopted regarding processes.
Mr. Cilimberg said that there were a couple of places they could deal with that issue. Right now, they were
trying to keep up with their staffing levels.
Ms. Porterfield said it would be nice if they can do this because they have been talking about it for three
years. It is great that they don’t do it in practice, but there is no guarantees that will continue since it
depends on whatever is coming down from the top. The current regulations are not practical. If notices
were truly being done this way, then nobody in the public would have the ability to comment about anyth ing
since they would not know about it in time. She would like to see them get that done.
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 21, 2010
DRAFT PARTIAL MINUTES - ZTA-2009-00012 Home Occupations
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Ms. McCulley mentioned in regards to the discussion on waivers and whether they should be doing them
administratively, staff would like in the future to consider that as a later phase. Staff felt they did not have
enough information to establish really good criteria for an administrative review. For example, the traffic
waiver may have different requirements. In the construction standard, depending on the road and
maintenance type, staff could tie it down so the request does not have to come to the Commission. It would
then not take up their time and concern the neighbors. The same would be with the size. There may be a
certain size of the property and it is proportionally increased or something like that. However, staff did not
have that information in hand to go forward now with administrative waivers. Staff should study it and see
what they happens in the next year or so as waivers and what makes sense as criteria.
Mr. Loach asked if staff wants to leave the language as it is and then bring it back to their group for further
study.
Mr. Cilimberg said that the Commission could see how many waivers they end up reviewing.
Motion:
Ms. Porterfield moved and Mr. Morris seconded to recommend approval of ZTA-2009-00012 Home
Occupations as recommended by staff with the recommended changes.
Mr. Loach added that the other thing the Commission would also be voting on is the ability of staff to
change language before it goes to the Board of Supervisors without the Planning Commission seeing it.
The motion passed by a vote of 6:0.
Motion:
Ms. Porterfield moved to approve a resolution of intent, if it was appropriate and not already covered under
a previous resolution of intent, to do a comprehensive review of the notification requirements only.
Mr. Loach asked if staff thinks it is needed.
Mr. Cilimberg replied that staff has a number of items in the Zoning Ordinance that they need to address.
Therefore, it is something that will come in that packet to the Commission. Now whether it gets here quickly
enough that the Commission wants to accomplish he can’t guarantee because of the workload. As an
individual resolution, staff can certainly look at where they can put that in the order of priority and bring it as
a single matter. It is ultimately up to what they can get in the pipe line. There are some other things ahead
of it right now.
Mr. Loach opened the motion up to see if there was a second. The motion died due to the lack of a second.
Mr. Cilimberg noted that staff would definitely be addressing the issue as part of that package. It is among
a number of things the Commission brought up that they need to make sure is brought to them.
Mr. Loach noted that he thought it was in the works.
Go to next set of minutes
Return to exec summary
ALBEMARLE COUNTY PLANNING COMMISSION – AUGUST 17, 2010
DRAFT PARTIAL MINUTES – ZTA-2005-00012 Home Occupations
1
Albemarle County Planning Commission
August 17, 2010
The Albemarle County Planning Commission held a meeting, work session, and public hearing on Tuesday,
August 17, 2010, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McI ntire
Road, Charlottesville, Virginia.
Members attending were Duane Zobrist, Vice-Chairman; Thomas Loach, Chairman; Don Franco, Calvin
Morris, Linda Porterfield, and Russell (Mac) Lafferty. Absent were Ed Smith and Julia Monteith, AICP,
Senior Land Use Planner for the University of Virginia.
Other officials present were Joan McDowell, Principal Planner; J.T. Newberry, Code Enforcement Officer;
Francis MacCall, Senior Planner; Amelia McCulley, Director of Zoning/Zoning Administrator; and Greg
Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Loach, Chairman, called the regular meeting to order at 6:00 p.m. and established a quorum.
Work Session
ZTA-2009-00012 Home Occupations
Discuss amendments pertaining to Home Occupation Class A and Class B in the Rural Areas zoning district
and to any other regulations of the Zoning Ordinance deemed appropriate. (Joan McDowell)
Ms. McDowell noted this is the Commission’s second work session dealing with home occupations. She
explained the proposed amendments to Home Occupation Class A and Class B in a PowerPoint
presentation.
Purpose:
Implement the Comprehensive Plan
– Re-evaluate by-right uses and uses by special permit, such as home occupations
Provide clarification, flexibility, and a streamlined process for home occupations in both the Rural
Area and the Development Area, while continuing to protect the neighborhood character and the
quality of life for all residents
Previously:
June -- First Planning Commission Work Session resulted in several requests for additional
information
August -- Second Work Session -- staff addressed Commission comments and requests for
information
Issues:
• Concern that some Home Occupations in some locations would impact neighbors/area; consider
establishing thresholds
Response:
– HO text amendment for RA zoning district only/ retain existing for other districts that allow
HOs;
– Establish Major and Minor HO regulations within new HO text amendment
– Major HO required notification of adjacent neighbors
– Waivers subject to PC approval
• Minor Home Occupations (zoning permit required)
– Similar to current Class A: no employees, no customer visits, conducted entirely inside
residence, no limit on hours/days of operation, no direct sales from site, waivers available
for no. truck trailer . Size HO within residence
• Major Home Occupations (zoning clearance required)
– two employees
– Customer visits
ALBEMARLE COUNTY PLANNING COMMISSION – AUGUST 17, 2010
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– Two trucks/trailers - unlimited size
– Notices sent to adjacent neighbors
– Operate six days/week; 7 AM to 8 PM
– May require Certified Engineer’s report
– Vehicle trips - 30 roundtrips / week (no more than 10 in any one day
(See Chart on Page 2)
Waivers -- subject to Planning Commission approval
Reviewing potential criteria: type of equipment used, size of the use, setbacks, number of employees,
traffic, nature of the business, location in terms of structures, nature of structure (existing barn), consistent
with the character of the neighborhood
• Concern that the HO regulations would have more stringent standards than allowed by-right for
personal use
Response:
– HO is a business located in a residence with the potential to have impacts on neighbors
– All personal uses would not be affected (can have both personal and HO uses)
– Attachment D -- chart (under proposed - major HO)
• Concern trucks and trailers may impact neighbors/character of area
Response:
– Only in RA zoning district
– Major HO would require notice to adjacent neighbors
– Zoning records do not indicate any issues regarding large trucks/trailers allowed by HO
Class A
– Major – maximum two trucks/trailers - no size restriction
– Minor - one truck/trailer - no size restriction
• Concern that limiting the area that could be used in an accessory structure would not be useful
Response:
– 25% of residence could be used for HO
– all or part of accessory structure could be used for HO
– TOTAL area (residence / accessory structure) that can be used for HO is 1,500 s.f.
– Concern that hours/days of operation should not include HOs conducted entirely within
residence, with no customers or employees
Response:
– No change necessary, as the June proposal addressed this concern
• Concern include list of uses that would be allowed or prohibited
Response:
– A list of potential prohibited uses is included as attachment E
Home Occupations -- Prohibited Uses, The following uses shall not be considered home occupations:
1. Abattoir (custom slaughterhouse)
2. Agricultural museum
3. Antique shops
4. Amusement center
5. Animal rescue center/shelter
6. Assembly uses, including places of worship
7. Automobile graveyard
8. Barber shop – more than one seat
9. Beauty shop – more than two seats
10. Camp, boarding
11. Camp, day
12. Clubs, eating or drinking establishments
13. Congregate care facility
14. Contractors storage yard
15. Day care, child care, or nursery facility ( six or more children)
16. Dismantling junk, scrap or storage yards
17. Funeral chapel or funeral home
ALBEMARLE COUNTY PLANNING COMMISSION – AUGUST 17, 2010
DRAFT PARTIAL MINUTES – ZTA-2005-00012 Home Occupations
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18. Gift shops (gifts not created on premises, as part of the HO)
19. Group home
20. Gun sales (except guns made by the applicant)
21. Industrial uses
22. Inn, tourist and boarding houses (Bed and Breakfast)
23. Kennel
24. Medical center facility
25. Monastery, retreat, or similar religious facility
26. Pet grooming
27. Private school
28. Public garage / body shop
29. Recreation uses
30. Renting of equipment, trailers, vehicles, machinery
31. Residential care facility
32. Retail/wholesale nursery (plants not grown on property)
33. Sawmill
34. Shooting range
35. Stable, commercial
36. Rummage / garage sales (not occasional)
37. Veterinary clinic/hospital
• Other
Information/applications for Certified Engineers Report and Zoning Clearance are included as
attachment
Next Steps
• Develop ordinance
• Schedule a Planning Commission public hearing
Mr. Loach invited public comment. There being none, public comment was closed to bring the matter
before the Planning Commission.
Ms. Porterfield expressed concern about firearm sales, which wa s not supported by the other
Commissioners.
The Planning Commission reviewed and discussed staff’s proposal for changes to Home Occupations in
ZTA-2009-00012. The Planning Commission provided direction, as noted below, for staff to draft the
ordinance with waiver criteria and schedule a public hearing for ZTA-2010-00013 Home Occupations.
1. Request for additional consideration of places of worship as a Home Occupation.
2. Define “small engine repair” to refer to lawnmower/snowblower and the like; should be allowed as a
home occupation; define “public garage/body shop” to clarify that they are intended for motorized
vehicles and would include engine repair.
3. Include the following information in an application for Home Occupation:
Request for information regarding hazardous, flammable chemicals/materials, which would trigger
sending the Home Occupation application to the Fire Department.
Major Home Occupation – property owner must sign the application in addition to the person who
will be engaged in the home occupation.
4. Add “fireworks, manufacture and sales” to the prohibited Home Occupation list.
5. Change of ownership of property would require Home Occupation to be renewed (similar to the
requirement for a zoning clearance when the occupation of a commercial use changes).
ALBEMARLE COUNTY PLANNING COMMISSION – AUGUST 17, 2010
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6. Notices to adjacent property owners – increase to two weeks (five days not enough time); put date
when they have to respond or application may be approved. Expand other notices that are “policy”
to two weeks department wide. For Home Occupation ordinance, put in two weeks and do the
others later.
7. Consider placing lots less than two acres into Major Home Occupation category (concern regarding
truck/trailer in driveway) to see if there are any performance standards that need to be added that
would ensure that the neighbors of those smaller parcels would at least know when major home
occupations came through.
8. Staff will develop criteria for waivers.
The Planning Commission provided direction and requested staff to set public hearing to bring back t he
proposed ordinance addressing their concerns and proposed changes. No formal action was taken.
Go to next set of minutes
Return to exec summary
ALBEMARLE COUNTY PLANNING COMMISSION – JUNE 15, 2009
FINAL MINUTES
1
Albemarle County Planning Commission
June 15, 2010
Work Session
ZTA-2009-00012 Home Occupations
Planning Commission work session to discuss amendments pertaining to Home Occupation Class A and
Class B in all zoning districts currently allowing home occu pations by right and by special use permit and to
any other regulations of the Zoning Ordinance deemed appropriate. (Joan McDowell/Francis MacCall)
Ms. McDowell explained the proposed amendments to Home Occupation Class A and Class B in a
PowerPoint presentation.
Purpose of ZTA-2009-00012:
• Implement the Comprehensive Plan
– Re-evaluate by-right uses and uses by special permit, such as home occupations
• Provide clarification, flexibility, and a streamlined process for home occupations in both the Rural
Area and the Development Area, while continuing to protect the neighborhood character and the
quality of life for all residents
Current Ordinance:
• Class A
– By-right use with only employees living in the residence
– Business use takes place inside the residence
– Allows up to 7 customers per week
– One trailer permitted
• Class B
– By special use permit
– May allow employees living outside the residence
– May allow use of accessory buildings
– May allow customers
Proposed Amendment:
• Combine Class A and Class B Home Occupations
• Creates a single, by-right, Home Occupation Permit
• Creates supplemental regulations for a single, by-right, Home Occupation Permit
• If an applicant cannot comply with the supplemental regulations, waivers from the Planning
Commission can be requested
Section 3 -- Definition: (Combines Class A and Class B)
Home Occupation: An occupation conducted within a dwelling unit solely by one or more members of the
family residing within the dwelling unit, with or without the use of one accessory structure and up to two (2)
additional persons not residing within the dwelling unit; provided that nothing herein prohibits the occupation
from engaging other persons who work offsite and do not come to the dwelling unit or to any accessory
structure to engage in the occupation.
Section 5 -- Supplemental Regulations (proposed)
• Neighborhood Character
– No changes in the outside appearance other than a maximum four square foot sign
– Accessory structures setbacks would be required to have the same setbacks as primary
structures
– Would allow a ministerial decision to allow accessory structures used for home occupations
to have the same setbacks as accessory structures not used for home occupations
• Not a detriment to abutting lots
• No harm to public health, safety and welfare
• Owner of abutting lot consents to the reduction
• Size
– 25% of the gross floor area of the dwelling (no change)
ALBEMARLE COUNTY PLANNING COMMISSION – JUNE 15, 2009
FINAL MINUTES
2
– 50% of the accessory structure
– 1,500 total s.f. maximum (no change)
– Use of one accessory structure and dwelling
• Sales
– Direct sales would be allowed for items hand-crafted on the premises and items directly
related to the HO (equipment, tools, music, instruments)
• Parking / traffic
– 30 vehicle trips per week
– 10 vehicle trips on any one day
– Parking off the street for vehicles/trailers associated with the home occupation
1 total trip = one vehicle arriving and exiting a site during a designated time period
(a trip is a single one-direction vehicle movement - arrive or exit)
Intent: 30 customers / employees (living outside dwelling) per week; with no m ore than 10
customers/employees in any one day -- total trips
• Traffic would be reduced due to the residents living and working in the home not needing to travel
to and from work. The additional traffic that could result from the home occupation could be o ff-set
by this reduction of occupant/employee travel.
• Zoning Clearance
• Currently required for Class B
• May be required by the zoning administrator if it is determined to be necessary in order to
ensure public safety and if off-street parking is available.
• Days / Hours of Operation
– 7 days per week
– 7 AM to 8 PM (for HOs having customers, clients, employees, students visiting the
property)
– Number of Home Occupations
– Unlimited, provided that the cumulative total does not exceed the limitations for a single
Home Occupation permit (size, number of employees, traffic, etc.)
• Outside Storage / Hazardous Materials
– No outside storage of goods, products, equipment or other materials
– Hazardous materials are controlled by other regulations, including the Building Co de and
the Fire Code; therefore, staff believes that hazardous materials can be omitted from this
ordinance
• Commercial Vehicle Parking
– Parking off-street
– Commercial vehicles >12,000 pounds (gross) park inside enclosed building, except where
permitted under Sec. 4.12.3.b.2
– No more than 2 commercial vehicles at any one time
– One trailer maximum 24’ long
– Does not restrict private vehicles not used for HO
Text Changes
• Definition: Text Changes: Home Occupation Class A: An occupation conducted for profit within a
dwelling unit solely by one or more members of the family residing within the dwelling unit; with or
without the use of one or more accessory structures and up to two (2) additional persons not
residing in the dwelling unit; provided that nothing herein prohibits the occupation from engaging
other persons who work off-site and do not come to the dwelling unit or to any accessory structure
to engage in the occupation. (Amended 8-5-09)
• Home Occupation, Class B: An occupation conducted within a dwelling unit solely by one or more
members of the family residing within the dwelling unit and up to two (2) additional persons not
residing within the dwelling unit, with or without the use of one or more accessory structures;
provided that nothing herein prohibits the occupation from engaging other persons who work offsite
and do not come to the dwelling unit or any accessory structure to engage in the occupation
• Neighborhood Character Text Changes: There shall be no adverse change in to the outside
appearance of the dwelling unit, buildings or premises accessory building, or other visible evidence
ALBEMARLE COUNTY PLANNING COMMISSION – JUNE 15, 2009
FINAL MINUTES
3
of the conduct of such home occupation provided that a home occupation, Class B, may erect one
home occupation Class B sign as authorized by section 4.15 of this cha pter. No more than one sign
shall be permitted on the property, regardless of the number of home occupations being conducted.
Accessory structures shall be similar in facade to a single-family dwelling, private garage, shed,
barn or other structure normally expected in a rural or residential area and shall be specifically
compatible in design and scale with other development in the area in which it is located. Any
accessory structure which does not conform to the setback and yard regulations for main struc tures
in the district in which it is located shall not be used for any home occupation ; however, the zoning
administrator may reduce the minimum required setback and yard regulations, but to no less than
setback regulations contained in section 4.11.2, upo n finding that (i) there is not detriment to the
abutting lot; (ii) there is no harm to the public health, safety or welfare; and (iii) written consent has
been provided by the owner of the abutting lot consenting to the reduction.
• Size: Text Changes: Such occupation may be conducted either within the dwelling or an
accessory structure, or both, provided that not more than twenty-five (25) percent of the gross floor
area of the dwelling and no more than fifty (50) percent of one accessory structure shall be used in
the conduct of the home occupation, including storage, and in no event shall the total floor area of
the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five
hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only
in connection with home occupation, Class B;
• Sales: Text Changes: There shall be no direct sales on the premises, other than items hand
crafted on the premises and items that are directly related to the home occupation, such as but not
limited to tools for pottery making and frames for artwork; in connection with such home occupation;
this does not exclude beauty shops or one-chair barber shops
• Parking/Traffic: Text Change: No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neighborhood, A maximum of 30 vehicle
trips per week with no more than 10 vehicle trips on any one day shall be permitted and any need
for parking generated by the conduct of such home occupation shall be met off the street. A total
trip consists of one vehicle entering and exiting a site
• Zoning Clearance: Text Changes: Except as herein provided, no home occupation shall be
established without approval of the zoning administrator. Upon receipt of a request to establish a
home occupation, Class B, the zoning administrator shall may refer the same to the Virginia
Department of Highways and Transportation for approval of entrance facilities and the zoning
administrator shall may determine the adequacy of existing parking for such use. No such
clearance shall maybe issued for any home occupation, Class B, except after compliance with
section 5.2.3 hereof.
Proposed -- New
• Proposed: Days/hours of operation.
Home occupations may operate seven (7) days per week; hours of operation shall be limited to 7
AM to 8 PM for home occupations that have employees, customers, clients and /or students visiting
the property
• Proposed: Number of Home Occupations: The total number of home occupations on one
parcel is not limited, except that the cumulative impact of all home occupations conducted within
the dwelling unit or the accessory structure shall not be greater than the impact of one home
occupation.
• Proposed: Outside Storage / hazardous materials: There shall be no outside storage of goods,
products, equipment, or other materials in the conduct of the home occupation.
• Proposed: Commercial vehicle parking:
All need for parking of commercial vehicles generated by a ho me occupation shall be met off the
street. Commercial vehicles greater than twelve thousand (12,000) pounds gross vehicle weight
used in the conduct of the home occupation shall be parked in an enclosed building, except where
permitted under Section 4.12.3.b.2. No more than two (2) commercial vehicles shall be permitted
on-site at any one time. No more than one (1) maximum 24’ long trailer shall be permitted on -site
at any one time. This provision is not intended to restrict private vehicles not used in the conduct of
the home occupation.
Existing - no changes proposed:
• All home occupations shall comply with performance standards set forth in section 4.14.
ALBEMARLE COUNTY PLANNING COMMISSION – JUNE 15, 2009
FINAL MINUTES
4
• Tourist lodging, nursing homes, nursery schools, day care centers, and private schools shall not be
deemed home occupations.
• Prior to issuance of clearance for any home occupation, the zoning administrator shall require the
applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing
regulations
• Waivers, if approved by the Planning Commission
Mr. Loach invited public comment. There being none, public comment was closed to bring the matter
before the Planning Commission.
The Planning Commission reviewed and discussed staff’s proposal for changes to Home Occup ations in
ZTA-2009-00012 and asked staff to provide additional information to address the following:
Maintain a class B of certain higher-intensity or impact businesses that require notice to neighbors
(before approval) similar to what we are doing with farm sales. This type of notice does not send it to
the PC.
Show more of a direct comparison of existing versus proposed regulations versus “by-right.” Some
confusion, for example the employee who can park his work truck and trailer anywhere, but if it’s his
business he is restricted as to location/number and what is by-right parking for a non-home occupation.
Remove restriction from accessory structure as to % use and just use overall square footage limit of
1,500 square feet.
Change (not similar but complimentary) or eliminate reference to façade of building.
Change “total trip” to “round trip.” Mr. Franco was concerned this is inconsistent with our other trip
calculations (a single trip).
Identify which types of home occupations may not work in Rural Ar eas or Development Areas. This
discussion included whether some of the trailers, etc. that could be accommodated on residential lots,
particularly if smaller sized lots. May want to consider setbacks for trailer parking.
Address gun sales as a home occupation, if allowed by federal law.
Hours of operation – to relate only to times when employee, customer or outside activity occurs.
Identify specific home occupations that would be allowed or prohibited.
Identify thresholds that would require additional review if determined that they may have impacts.
Discussion of what would be required with a Certified Engineer’s Report and Zoning Clearance and
when they would be required.
Take out hazardous materials since they are covered by other regulations.
Include applicant affidavit for all applications.
Staff will proceed to address comments and suggestions and schedule another work session to provide
follow-up information to Planning Commission. No formal action was taken.
Return to exec summary
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
MEMORANDUM
TO: File
FROM: Elaine Echols, Principal Planner
DATE: December 10, 2010
RE: ZTA201000007 Body Shops
The Albemarle County Planning Commission, at its meeting on November 30, 2010, by a vote of 7:0,
recommended approval of the above-noted Zoning Text Amendment to the Board of Supervisors.
The Board is scheduled to hold a public hearing on this item at its January 12th meeting. An updated
staff report will be provided in the near future.
DBB/aer
Attachments
Draft Ordinance No. 10-18( )
Staff Report
Planning Commission minutes
Return to agenda
Proposed Draft Text – ZTA-2010-000007 Body Shops
ORDINANCE NO. 10-18( )
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. 24.2.2 By special use permit
Chapter 18. Zoning
Article III. District Regulations
Sec. 24.2.2 By special use permit
The following uses shall be permitted by special use permit in the HC district:
. . .
17. Body shops.
Go to next attachment
Return to actions memo
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZTA2010-00007- “Body
Shop” by SP in Highway Commercial (HC)
Districts.
SUBJECT/PROPOSAL/REQUEST: Zoning
Text Amendment to correct an omission
of the “Body Shop” use from the HC
zoning district.
STAFF: Ron Higgins
PLANNING COMMISSION DATE: November
30, 2010
BOARD OF SUPERVISORS DATE: TBA
BACKGROUND: While reviewing a building permit for an addition to the “Brown Collision Center” at 1590
Seminole Trail it was determined that the facility, formerly the Brown Honda dealership, had become
almost entirely a body shop under the definitions in the Zoning Ordinance. By eliminating the former
primary use of an auto dealership the secondary use of “body shop” had become the new primary use.
After determining this, it was found that the “body shop” use was not listed in the HC zoning for the site,
either by-right or by special permit. Further research revealed that a ZTA in 1992, which added the use of
“Body shop” as a use permitted by special permit in the C-1 district, failed to address the use in the HC
district, even though it was allowed in the LI district by special use permit also.
The Planning Commission, at its meeting on October 19, 2010, adopted a Resolution of Intent (Attachment B)
to amend the zoning ordinance §24.2.2, Uses permitted by special permit in the Highway Commercial (HC)
zoning district, to add “Body shop” as a use permitted by special permit.
DISCUSSION: Given the relative intensity of the C-1, HC and LI districts, it is deemed appropriate to have
the “body shop” use in HC by special use permit if it is also allowed in the less intense C -1 zone and the
more intense LI zone by special permit. Furthermore, the use is similar in character with the uses of
“automobile and truck repair shops”, allowed by-right in the HC district. The “body shop” use, as a special
permitted use, can be in keeping with the character and intent of the HC district to “permit commercial
establishments…primarily oriented to highway locations…” by attaching appropriate conditions in a special
permit review.
PUBLIC PURPOSE TO BE SERVED : This proposal provides for a use that can be in keeping with the
district regulations and intent. It also creates a more logical progression of uses in various districts.
ADMINISTRATION/ REVIEW PROCESS: This proposal will not change the review process for the “body
shop” use.
IMPLICATIONS TO STAFFING/STAFFING COSTS: This proposal will have an insignificant effect here.
HOUSING AFFORDABILITY: This proposal will have no effect on housing affordability.
RECOMMENDATION: Staff recommends approval of the draft ordinance. (See Attachment A)
ATTACHMENTS:
ATTACHMENT A: Albemarle County Zoning Ordinance §24.2.2, dated 11/08/10
ATTACHMENT B: Resolution of Intent (approved, October 19, 2010, by the PC)
Return to actions letter
Draft: 11/08/10
ORDINANCE NO. 10-18( )
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. 24.2.2 By special use permit
Chapter 18. Zoning
Article III. District Regulations
Sec. 24.2.2 By special use permit
The following uses shall be permitted by special use permit in the HC district:
. . .
17. Body shops.
I, Ella W. Jordan, 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
Mr. Boyd ____ ____
Mr. Dorrier ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Snow ____ ____
Mr. Thomas ____ ____
RESOLUTION OF INTENT
WHEREAS, the Highway Commercial (HC) Zoning District was established to permit commercial
establishments other than shopping centers, primarily oriented to highway locations rather than to central business
concentration; and
WHEREAS, the HC Zoning District allows automobile and truck repair shops by right, but does not
allow body shops either by right or by special use permit; and
WHEREAS, the Commercial (C-1) Zoning District permits commercial establishments which are
primarily oriented to central business concentrations, with the intention that this district exist in the County’s
urban area, communities and villages, and the C-1 Zoning District allows automobile and truck repair shops by
right and body shops by special use permit; and
WHEREAS, body shops are also allowed by special use permit in the Planned Unit Development-
Commercial (PUD-C), the Light Industry (LI), and the Planned Development-Industrial Park (PD-IP) Zoning
Districts and by right in the Heavy Industry (HI) zoning district; and
WHEREAS, body shops authorized by special use permit, subject to conditions to address any impacts
from such a use, would be a use that is consistent with the purpose and intent of the HC Zoning District and the
character of the uses currently permitted by right and by special use permit in that district.
WHEREAS, it is desired to amend the Albemarle County Zoning Ordinance to authorize body shops as
a use permitted by special use permit in the HC Zoning District.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Planning Commission hereby adopts a resolution of intent to
amend Zoning Ordinance § 24 and any other sections of the Zoning Ordinance determined 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 recommendation to the Board of
Supervisors, at the earliest possible date.
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Albemarle County Planning Commission
November 30, 2010
The Albemarle County Planning Commission held a public hearing, meeting, and work session on
Tuesday, November 30, 2010, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second
Floor, 401 McIntire Road, Charlottesville, Virginia.
Members attending were Don Franco, Calvin Morris, Linda Porterfield, Ed Smith, Mac Lafferty, Thomas
Loach, Vice Chairman and Duane Zobrist, Vice Chairman. Julia Monteith, AICP, non-voting
representative for the University of Virginia was present.
Other officials present were Scott Clark, Senior Planner; Claudette Grant, Senior Planner; Ron Higgins,
Chief of Zoning; Joan McDowell, Senior Planner; Bill Fritz, Director of Current Development; Wayne
Cilimberg, Director of Planning; and Greg Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Loach called the regular meeting to order at 6:0 2 p.m. and established a quorum.
Public Hearing Items:
ZTA-2010-00007 Body Shops
Amend Sec. 24.2.2, By special use permit, of Chapter 18, Zoning, of the Albemarle County Code. This
ordinance would amend Sec. 24.2.2 by adding body shops as a use permitted by special use permit in
the Highway Commercial (HC) zoning district. A copy of the full text of the ordinance is on file in the office
of the Clerk of the Board of Supervisors and in the Department of Community Development, County
Office Building, 401 McIntire Road, Charlottesville, Virginia. (Ron Higgins)
Mr. Higgins noted that the zoning text amendment was really better described as a repair job. Staff was
made known of an anomaly in a use on 29, which was zoned HC, Highway Commercial. The property
had been a auto dealership for many year for used cars and then changed to new cars. As it evolved,
they moved the car sales portion out into another building. What they were left with was the accessory
use they were allowed to have, which was a body shop. The use went from a dealership to a body shop.
The circumstances are as follows.
Change of “dealership” to “body shop” in HC was revealed in review of building permit for
addition.
Primary use changed from “motor vehicle sales, service, rental” to “body shop” when auto sales
were removed from site. Staff discovered that HC zoning does not include “body shop.”
As a result of that, staff set about to repairing this problem. When looking at relative intensity in
the C-1, HC, and LI districts it is appropriate to include the “body shop” use in HC by Special Use
Permit.
Use of “body shop” was not included in the ZTA to add the same use by SP in C -1 in 1992, even
though it is allowed by SP in LI zoning.
In addition, the use is similar in character to other uses in HC, such as “automobile and truck
repair shops.”
It is in keeping with the character and intent of HC to “permit commercial establishments…
primarily oriented to highway locations…”
Making this an SP use helps to assure its appropriateness at HC sites through the additional
review and the attachment of conditions as needed.
This amendment allows for a use that can be in keeping with the district regulations and provides
a more logical progression of uses in various districts.
“Body shop” is defined differently in the Zoning Ordinance as being separate from auto repair
while body shop activity can happen accessory to auto repair. That was not the case in this
business. They actually moved everything out except the body shop function, which made it a
primary use.
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Implications
This proposal will not change the review process for the “body shop” use.
This proposal will have no significant effect in terms of staffing and costs.
This proposal will have no effect on housing affordability or availability
Proposed Text Change
Staff recommends approval of the draft ordinance as recommended in the staff report.
Sec. 24.2.2 By special use permit
The following uses shall be permitted by special use permit in the HC district:
…..
17. Body shops.
There being no questions for staff, Mr. Loach invited public comment. There being none, the public
hearing was closed, and the matter brought before the Planning Commission for further discussion and
action.
Motion: Ms. Porterfield moved and Mr. Lafferty seconded for approval of the draft ordinance for ZTA-
2010-00007 Body Shops as recommended in the staff report.
The motion carried by a vote of 7:0.
Mr. Loach noted that ZTA-2010-00007 Body Shops would go before the Board of Supervisors on a date
to be determined.
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SP-2010-00029 Hungarian Bakery
PROPOSED: Special Use Permit for a Home Occupatio n Class B to allow a bakery within an existing
barn with no customers on-site.
ZONING CATEGORY/GENERAL USAGE: RA Rural Areas - agricultural, forestal, and fishery uses;
residential density (0.5 unit/acre in development lots).
SECTION: 10.2.2 (31) Home occupation, Class B (reference 5.2).
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural,
forestal, open space, and natural, historic, and scenic resources/ density ( .5 unit/ acre in development
lots).
ENTRANCE CORRIDOR: No.
LOCATION: 1850 Brown's Gap Turnpike (Rt. 680) at intersection with Luxor Terrace Dr.
TAX MAP/PARCEL: 05700-00-00-001A0.
MAGISTERIAL DISTRICT: White Hall (Scott Clark)
Mr. Clark presented a PowerPoint presentation and summarized the staff report for SP-2010-00029,
Hungarian Bakery.
The proposed Home Occupation Class B is a bakery that would be located in approximately 1,000 square
feet of an existing barn (4,800 square feet on two levels) on the site. Approximately 140 square feet of
the existing dwelling would be used (in part) for office work related to the bakery. No customers would
visit the site, and all products would be delivered by the owners to off -site customers or to shippers. Raw
materials would arrive by standard UPS or FedEx pan el trucks, one to three times per week . The bakery
would initially have no outside employees, but could have up to two in the future . (Two employees are
permitted for Home Occupation Class B uses.) Virginia Department of Transportation did not have any
concerns with the entrance to the site. The Health Department has confirmed that although the use will
probably need a larger septic field in general the site can support whatever will be needed to handle the
waste from this use.
Favorable Factors:
1. The use will be entirely indoors, without any changes to the existing structures.
2. Because no customers will come to the site, significant traffic impacts are not expected.
Factors Unfavorable:
Staff has not identified any factors unfavorable to this application.
Staff recommends approval of the Special Use Permit subject to the conditions recommended in the staff
report. Condition one requires the development to be in accord with the sketch plan presented.
Condition two requires confirmation of the Health Department’s approval of the eventual plans for water
and septic treatment.
Mr. Loach invited questions for staff.
Mr. Lafferty asked if the barn was presently occupied with people.
Mr. Clark replied that it was clearly in use, but he had not been inside. Therefore, he deferred the
question to the applicant.
There being no further questions, Mr. Loach opened the public hearing, and invited the applicant to
address the Commission.
David Oxford, applicant, said Mr. Clark’s presentation was accurate. They would like to allow for some
growth for an employee, which is the reason they are doing the special use permit . He emphasized that
this was a very small operation essentially, for what his wife could make in her spare time as a small side
business. Since they have house pets they cannot operate in their home and the business has to be
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operated in an accessory structure. They don’t anticipate any significant impacts to the local community
because there are no customers on site. There will be no e xternal changes. He noted that the patio was
a structure added on by the previous owners of the property, and they used it for storage.
Mr. Lafferty noted that the deck was what he was referring to, but he was not sure it has any impact on
the business.
Mr. Oxford said the deck was available to guest quarters they put up there.
Mr. Loach asked what was the hours of operation.
Mr. Oxford replied that it would be whenever his wife could fit it in between milking and home schooling
the children. In general, it would be somewhere between 9 a.m. to 6 p.m.
There being no questions for the applicant, Mr. Loach invited public comment.
Robyn Milesad, direct neighbor to the Oxfords, said that she had two questions for the Board. She
understands the object of having a special use permit is because they cannot do the business in their
home. She asked what precedent this approval would set for special use permits for other more
objectionable uses in outbuildings. She did not know how they decided that. In their totally residential
neighborhood once they have a commercial operation in an outbuilding does that pave the way for
something less desirable under a special use permit. She hoped that the Commission would postpone
this and notify more than the four contiguous neighbors. She asked if it there could be a wider broadcast
of the information to the people who are not necessarily contiguous.
There being no further public comment, Mr. Loach closed the public hearing to bring the matter before the
Planning Commission for further discussion and action. He asked staff to explain the procedure
regarding the postponement question.
Mr. Cilimberg replied there is a County Code requirement for notification plus the public notice sign
placed on the site. That combination is in the County Code, which meets the requirements for notification
and making people aware of the site being subject to a request. In addition, there is a legal ad. They
have met all those requirements. There are no further requirements that lead to the need for additional
notification.
Mr. Kamptner noted that the Commission is just making a recommendation to the Board of Supervisors.
The Board of Supervisors will hold a public hearing on this at some point in the future.
Mr. Loach said he wanted to make it clear that the public notice sign is up and there is notification beyond
the four people because of the sign and the public notice.
Mr. Cilimberg asked to speak to the question of precedent. Each request received in any area is subject
to review under the circumstances of that particular request independent of others. It is not precedent
setting to have one home occupation approved in a particular location. It is on a case by case basis
review.
Mr. Loach noted that this is not unique for the Planning Commission since they look at special use
permits on a case by case basis. The Commission takes in all available information and public comment
to base their decision on.
Motion: Ms. Porterfield moved and Mr. Morris seconded to recommend approval of SP-2010-00029,
Hungarian Bakery subject to the conditions as recommended by staff.
1. Development of the use shall be in accord with the conceptual plan titled “Hungarian Bakery
Home Occupation Class B Concept Plan” and dated 11/12/10 (hereafter “Conceptual Plan”), as
determined by the Director of Planning and the Zoning Administrator. To be in accord with the
Conceptual Plan, development shall reflect the following major elements within the development
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essential to the design of the development:
a. building orientation
b. location of buildings and structures
c. location of parking areas;
Minor modifications to the plan that do not conflict with the elements above may be made to
ensure compliance with the Zoning Ordinance.
2. Compliance with Virginia Department of Health requirements regarding water supply and the
septic system for this use shall be verified by the Health Department prior to issuance of a zoning
compliance clearance and the commencement of the special use.
The motion carried by a vote of 7:0.
Mr. Loach noted that SP-2010-00029, Hungarian Bakery would go before the Board of Supervisors on a
date to be determined with a recommendation for approval with conditions.
Return to PC actions letter
COUNTY OF ALBEMARLE
PLANNING STAFF EXECUTIVE SUMMARY
PROJECT: ZMA 2010-00014 Hollymead Town
Center (A-1)
PROPOSAL: Rezone 59.162 (portions) acres from
Planned Development-Mixed Commercial (PD-MC)
zoning district which allows large-scale commercial
uses; and residential by special use permit (15 units/
acre) to Planned Development-Mixed Commercial
(PD-MC) zoning district which allows large-scale
commercial uses; and residential by special use
permit (15 units/ acre), in order to amend the existing
proffers.
PROFFERS: Yes
EXISTING COMPREHENSIVE PLAN LAND
USE/DENSITY: Town Center—compact, higher
density area containing a mixture of businesses,
services, public facilities, residential areas and public
spaces, attracting activities of all kinds. (6.01-34
dwelling units per acre) in Hollymead Development
Area.
ENTRANCE CORRIDOR: Yes
LOCATION: Hollymead Town Center Area A-1, the
southwest quadrant of Seminole Trail (US 29) and
Towncenter Drive in the Hollymead Development
Area
TAX MAP/PARCEL: 032000000042A0,
04600000000500, 03200000004400 (portion),
03200000004500 (portion)
MAGISTERIAL DISTRICT: Rio
Staff: Judith C. Wiegand
Planning Commission Public Hearing:
January 11, 2011
Board of Supervisors Public Hearing:
January 12, 2011
Owner(s): Route 29, LLC Applicant: Wendell Wood
Acreage: 59.162 acres Rezone from: Planned Development-Mixed
Commercial (PD-MC) to PD-MC in order to
amend one proffer
Magisterial District: Rio Proffers: Yes
Proposal: Request to amend one proffer from the
original rezoning (ZMA 2005-00015, approved
9/12/2007) that relates to road improvements and a
second proffer that relates to Public Transit Operating
Expenses.
Requested # of Dwelling Units: None
BACKGROUND
On September 12, 2007, the Board of Supervisors approved ZMA 2005-00015, Hollymead
Town Center, Area A-1, which rezoned the portion of Hollymead Town Center where the Kohl’s
is now under construction.
In order for the Kohl’s to receive a Certificate of Occupancy (CO), several of the original Proffers
needed to be satisfied. Proffer 1, Road Improvements requires completion of Meeting Street
Planning Staff Executive Summary
Planning Commission Public Hearing January 11, 2011
Page 2
from the intersection with Town Center Drive south to the property line. The County believes
that only a portion of this segment of Meeting Street needs to be completed at this time. So, the
County requested that the property owner apply for a zoning map amendment to modify this
proffer.
At the same time, the applicant requested that a change be made in the Proffer related to public
transit stop construction (#4). The applicant requested that a sunset date for this proffer be
included.
DISCUSSION
Attachment B is a signed copy of the original proffers, dated September 12, 2007, and includes
the following relevant to the current requested proffer amendment:
1. Road Improvements – To the extent not currently completed, the Owner shall design,
construct and dedicate to public use for acceptance by VDOT, the following:
The road improvements listed herein shall be constructed in accordance with road plans
submitted by the Owner and approved by the Virginia Department of Transportation
(―VDOT‖). All of the foregoing improvements shall be constructed to VDOT design
standards pursuant to detailed plans agreed to between the Owner, the County and
VDOT. Except for Meeting Street and Town Center Drive as indicated in D. below, the
road plans will be submitted to VDOT and the County with the first site plan or subdivision
plat, and will be constructed and accepted by VDOT within two years from the date of
approval of the first site plan or subdivision plat, except as described in paragraph D.
below:
…
B. Meeting Street from the intersection of Town Center Drive to the southern boundary of
the Property.
…
D. Within one (1) year after the date of approval of this rezoning, the following streets
shall be completed:
Meeting Street from the intersection of Town Center Drive to the northern boundary of
Area A….
Town Center Drive…
For purposes of this Proffer D., construction of each street shall be deemed complete
when it is ready to be recommended by the Albemarle County Board of Supervisors for
acceptance into the state-maintained system, and the owner has obtained from the County
Engineer a written determination that the street is safe and convenient for traffic.
The proposed revised proffers are included in Attachment C. The revised language relevant to
the current requested proffer amendment is:
Planning Staff Executive Summary
Planning Commission Public Hearing January 11, 2011
Page 3
1. Road Improvements – to the extent not currently completed, the Owner shall
design, construct and dedicate to public use for acceptance by VDOT, the following
roads as provided herein:
A. Design, construct and dedicate. The road improvements listed below shall be
constructed in accordance with road plans submitted by the Owner and
approved by the Virginia Department of Transportation (―VDOT‖). All of the
foregoing improvements shall be constructed to VDOT design standards
pursuant to detailed plans agreed to between the Owner, the County and
VDOT. Except for Meeting Street and Town Center Drive as provided in
Proffer 1A(3) below, the road plans will be submitted to VDOT and the
County with the first site plan or subdivision plat, and will be constructed and
accepted by VDOT within two years from the date of approval of the first site
plan or subdivision plat, except as described in Proffer 1A(3) below:
…
B. Reserve and dedicate. The Owner shall reserve for dedication and dedicate
to public use, upon the written request of the County, the right-of-way for
Meeting Street from the intersection of Town Center Drive to the southern
boundary of the Property. The land reserved and dedicated shall be at least
the minimum width necessary to comply with applicable VDOT standards for
the construction and maintenance of the road, and include all necessary
easements. The right-of-way shall be dedicated within the period specified by
the County, which period shall not be less than 90 days. If the right-of-way is
not dedicated in conjunction with a subdivision plat, the Owner shall be
responsible for the cost of a survey and preparing the deed to convey the
right-of-way to the County.
The revised Proffer 1.A.3 (not printed in full above) now requires completion of Meeting Street
north of the intersection with Town Center Drive in the same manner as was required by the
original proffer. The new Proffer 1.B above requires that the right-of-way be dedicated for the
remaining segment of Meeting Street south to where it will eventually connect to Berkmar Drive
Extended. As each site plan for development adjacent to this southern segment of Meeting
Street is submitted for review and approval, the relevant stretch of Meeting Street to serve that
new development will need to be shown on the site plan and completed as a part of that
development. Because these road segments will be built to the requirements in the site plans, it
is not necessary to proffer specific cross sections. For example, Meeting Street south from
Town Center Drive to the entrances to Area A-1 that will serve the Kohl’s and to Area A-2 that
will serve the indoor theater will need to be completed in time to serve those uses. The
remainder of Meeting Street south of those entrances will not need to be completed until
property adjacent to Meeting Street is developed or until the connection is made with Berkmar
Drive Extended.
The second change was made to Proffer 4. Public Transit Stop Construction. The original
wording of this proffer does not include a sunset date. Since it is unclear when transit service
will be provided to this area, the applicant does not want an indefinite obligation. The applicant
also notes that no other Area within the Hollymead Town Center is similarly burdened with
potential contributions toward transit, yet all Areas would benefit from transit service. The
Planning Staff Executive Summary
Planning Commission Public Hearing January 11, 2011
Page 4
applicant is now proffering a date seven years after the first Certificate of Occupancy was given.
The CO for the Target was issued in mid-2005, and the applicant is now proffering a July 1,
2012 sunset date.
Staff notes that transit service extends north of Charlottesville to the Wal-Mart at this time.
Extending transit service as far north as the Hollymead Town Center area is a long-term
proposition, at least five to ten years out. Thus, if this proffer change is accepted, it is likely that
the applicant will not be required to provide any funding for transit operating expenses.
In addition to these language changes relating to the road proffer and public transit expenses,
changes have been made in the list of Tax Map and Parcels to reflect those now included in
Area A-1, and in the ownership of the property. Also, those proffers that have been satisfied are
so labeled.
RECOMMENDATION
Staff does not recommend acceptance of the July 1, 2012 sunset date for the Public Transit
Operating Expenses proffer because it will effectively remove the applicant’s obligation to help
fund transit service to the Hollymead Town Center. Staff believes a sunset date of January 1,
2021 gives a more realistic opportunity for transit services to be provided in the area to which
this project would contribute. Staff does recommend approval of the rest of the revisions to the
proffer language as included in the signed Amended Proffers, dated January 3, 2011, and
included as Attachment C .
PLANNING COMMISSION MOTION:
A. Should a Planning Commissioner choose to recommend approval of this rezoning:
Move to recommend approval of ZMA 2010-00014 including the amended Proffers as
included in Attachment C.
B. Should a Planning Commissioner choose to recommend denial of this rezoning:
Move to recommend denial of ZMA 2010-00014 including the amended Proffers as
included in Attachment C. Should a commissioner motion to recommend denial, he or she
should state the reason(s) for recommending denial.
ATTACHMENT A Location Map
ATTACHMENT B Copy of original signed proffers, dated September 12, 2007
ATTACHMENT C Copy of amended signed proffers, dated January 3, 2011
View PC minutes of December 21, 2010
Return to agenda
CON NOR DR
L O C K W O O D D R
A B I N G T O N D R
TOWNCENTER DRC O M M U N I TY STSEMINOLE TRL £¤29
32-45
32-42A32-4446-5Prepared by Albemarle CountyOffice of Geographic Data Services (GDS). Map created by Elise Hackett, December 2010.
Note: The map elements depicted are graphic representations and are not to be construed or used as a legal description.This map is for display purposes only.
Aerial Imagery 2009 Commonwealth of Virginia
Parcels shown reflect plats and deeds recorded through December 31, 2009 0 500 1,000250Feet
ZMA 2010-14Hollymead Town Center Area A-1
Roads
Driveways
Buildings
Streams
Water Body
Parcels
Parcels of Interest
±
1
Amended Proffer: X
Amendment: 1
PROFFER FORM
Date: December 14, 2010
ZMA #: ZMA 2010-00014 Hollymead Town Center Area A-1
Tax Map Parcel Numbers: 32-42A, 32-44 (portion), 32-45 (portion) and 46-5
59.162 Acres to be rezoned from PD-MC to PD-MC
Tax Map Parcel Numbers: 32 -42A, 32-44 (portion), 32-45 (portion) and 46-5, comprising
approximately 59.162 acres are subject to rezoning application ZMA 2010-00014 and to this Proffer
Statement (the “Property”). The Property is described with more particularity o n a plan entitled “ZMA
Application Plan for PD -MC Portion of Hollymead Town Center Area A, Sheets A1, A2, A3, A4, A5, Exhibit
A, and Exhibit B,” approved September 12, 2007, hereinafter referred to as “the Project,” prepared by
Dominion Development Resources LLC, (the “Application Plan”). The Owner of the Property is Route 22,
LLC, a Virginia limited liability company (the “Owner”).
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to
rezone the Property to Planned Development Mixed Commercial (PD-MC) as requested, the Owner shall
develop the Property in accord with the following proffers pursuant to Section 15.2 -2303 of the Code of
Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance.
These conditions are voluntarily proffered as part of the requested rezoning, and the Owner acknowledges
that the conditions are reasonable. These proffers supersede those accepted in conjunction with ZMA 2005 -
015 provided that, if rezoning application ZMA 2010-00014 is denied, these proffers shall immediately be
null and void and of no further force and effect , and the proffers accepted in conjunction with ZMA 2005 -015
shall remain in full force and effect .
1. Road Improvements - To the extent not currently completed, the Owner shall design, construct and
dedicate to public use for acceptance by VDOT, the following roads as provided herein:
A. Design, construct and dedicate. The road improvements listed below shall be constructed in
accordance with road plans submitted by the Owner and approved by the Virginia Department of
Transportation (“VDOT”). All of the foregoing improvements shall be constructed to VDOT
design standards pursuant to detailed plans agreed to between the Owner, t he County and VDOT.
Except for Meeting Street and Town Center Drive as provided in Proffer 1A(3) below, the road
plans will be submitted to VDOT and the County with the first site plan or subdivision plat, and
will be constructed and accepted by VDOT within two years from the date of approval of the first
site plan or subdivision plat, except as described in Proffer 1A(3) below:
1. A continuous right turn lane on Route 29 southbound from the intersection of Town Center
Drive to the southern boundary of Ar ea A. This proffer, identified as Proffer 1A from ZMA
2005-00015, has been satisfied.
2. An entrance to Route 29 southbound (right in / right out only) in the area to the south of
building B, as shown on the Application Plan. This proffer, identified as Proffer 1C from
ZMA 2005-00015, has been satisfied.
3. Within one (1) year after the date of approval of this rezoning (ZMA 2005-00015), the
following streets shall be completed:
2
Meeting Street from the intersection of Town Center Drive to the northern boundary of
Area A. Meeting Street will have two northbound and two southbound travel lanes, one
northbound and one southbound bicycle lane. Initially, one lane in each direction may be
utilized as on-street parking.
Town Center Drive (previously Access Road A) from the eastern edge of the NMD zoning
boundary at the intersection of Meeting Street to its intersection with State Route 606, also
known as Dickerson Road. This section of Town Center Drive shall be constructed to
accommodate two travel lanes, wi th a cross section approved by the County and VDOT in
a minimum 60-foot wide right-of-way.
For purposes of this Proffer 1A(3), construction of each street shall be deemed complete
when it is ready to be recommended by the Albemarle County Board of Supervi sors for
acceptance into the state-maintained system, and the owner has obtained from the County
Engineer a written determination that the street is safe and convenient for traffic.
B. Reserve and dedicate. The Owner shall reserve for dedication and dedi cate to public use, upon
the written request of the County, the right -of-way for Meeting Street from the intersection of
Town Center Drive to the southern boundary of the Property. The land reserved and dedicated
shall be at least the minimum width necessa ry to comply with applicable VDOT standards for the
construction and maintenance of the road, and include all necessary easements. The right-of-way
shall be dedicated within the period specified by the County, which period shall not be less than
90 days. If the right-of-way is not dedicated in conjunction with a subdivision plat, the Owner
shall be responsible for the cost of a survey and preparing the deed to convey the right-of-way to
the County.
2. Regional Transportation Study - The Owner shall contrib ute $59,000.00 cash to the County or
VDOT for the purposes of funding a regional transportation study for the Route 29 corridor. The
$59,000.00 cash contribution shall be made, prior to the first site plan approval for Area A -1.
This proffer, identified as Proffer 2 from ZMA 2005-00015, has been satisfied.
3. Public Transit Stop Construction - The Owner shall construct one public transit stop within
Hollymead Town Center Area A -1. The location of the public transit stop shall be identified on the
approved Application Plan and retained in the County files. The location shall be approved by the
Director of Planning, prior to approval of the first subdivision plat or site plan for Hollymead Town
Center Area A-1. Construction of the public transit stop shall occur in conjunction with improvements
for the first site plan or the public street plans which include the area for the transportation stop. The
design of the public transit stop shall be subject to approval by VDOT and the County Engineer, and
shall include no less than 200 square feet of paved surface and two benches.
4. Public Transit Operating Expenses - Within thirty days after demand by the County after public
transportation service is provided to the Project, the Owner shall contribute $50,000 cash to the
County to be used for operating expenses relating to such service, and shall contribute $50,000 cash to
the County each year thereafter for a period of nine (9) additional years, such that the cash contributed
to the County pursuant to this Proffer 4, shall total Five Hundred Thousand Dollars ($500,000). The
cash contribution in years two through ten shall be paid by the anniversary date of the first
contribution. If public transit service is not provided to the Project by July 1, 2012, this proffer shall be
null and void.
5. Intersection Analysis - The Owner shall submit an analysis of the Conner Drive and Town Center
Drive intersection with the first site plan for the Project. The analysis shall be prepared by a qualified
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traffic engineer for the purpose of determining when the intersection would need to be signalized. The
analysis should take a five (5) year projection to determine, based on the submitted site plan, when the
intersection would require a signal. The analysis shall be submitted for review and approval by the
County Engineer. If that analysis concludes the need for the intersection to be signalized within the
five (5) year projection period, the Owner shall pay for the cost of the signal and synchronization when
VDOT determines the signal is needed. This proffer, identified as Proffer 5 from ZMA 2005 -00015,
has been satisfied.
6. Community Development Authority - Upon the request of the County, the Owner shall petition for
and consent to a Community Development Authority (“CDA”) established pursuant to Section 15.2 -
5152, et seq. of the Code of Virginia ("Code") to be created for the purpose of financing, funding,
planning, establishing, constructing, reconstructing, enlarging, extending, or maintaining (except to the
extent VDOT maintains any public improvements) Route 29, and roads and other improvements
associated therewith.
7. Critical Slopes, Erosion and Sediment Control and Stormwater Management
A. Critical Slopes. The Owner shall apply for critical slope waivers for any road s located in critical
slopes governed by § 18-4.2 et seq. of the Albemarle County Code.
B. Erosion and Sediment Control. The Owner shall, to the maximum extent practicable as
determined by the County's Program Authority, provide additional erosion and se diment controls
to achieve a sediment removal rate of eighty percent (80%) for the Property. (As a reference,
current regulatory structural measures achieve a 60% optimal removal rate.)
C. Revegetation. Within nine (9) months after the start of grading under any erosion and sediment
control permit, permanent vegetation shall be installed on all the denuded areas, except for areas
the Program Authority determines are otherwise permanently stabilized or are under construction
with an approved building permit. A three (3) month extension for the installation of permanent
vegetation may be granted by the Program Authority due to special circumstances including but
not limited to weather conditions.
D. Stormwater. The Owner shall, to the maximum extent pract icable as determined by the County's
Program Authority, provide additional stormwater management to achieve a removal rate 20%
better than would otherwise be required by the Water Protection Ordinance (Albemarle County
Code § 17-100 et seq.) up to a maximum of an eighty percent (80%) removal rate for each phase.
8. Greenway Dedication - The Owner shall dedicate in fee simple a minimum 4.5 acre “Greenway” to
Albemarle County. The land to be dedicated as the Greenway is identified on the Application Plan as
“Greenway Area dedication to Albemarle County,” and shall include all flood plain area along Powell
Creek. The Owner shall complete the improvements shown on the Application Plan and shall dedicate
the Greenway to the County at the time of the first site plan or subdivision plat approval. The Owner
shall be responsible for the cost of a survey and preparing the deed to convey the Greenway to the
County.
9. Greenway Connection - Upon the request of the County, the Owner shall contribute $50,000 cash to
the County to provide pedestrian access to and costs for a signalized, at -grade pedestrian crossing
across Route 29 to connect Hollymead Town Center with Hollymead Drive. The final location and
construction elements for the trail shall be determined by the D irector of Parks and Recreation in
consultation with the County Engineer. The location for the at -grade crossing and signal shall be
determined by the County Engineer in consultation with the Director of Parks and Recreation and
VDOT. This proffer, identified as Proffer 9 from ZMA 2005 -00015, has been satisfied.
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10. LEED Standards for Core and Shell Development - The Owner shall cause the commercial buildings
in the Project to be designed and constructed to meet minimum standards for certification (twenty-three
(23) credit points) under LEED Green Building Rating System for Core and Shell Development as set
forth in the U.S. Green Building Rating System, Version 2.0, July 2006. Prior to the issuance of a
building permit, the Owner shall submit a certifica tion from a LEED certified architect to the Director
of Community Development that the buildings meet LEED standards. Before the Owner requests that a
certificate of occupancy for any building for which a licensed architect rendered such a certificate, the
Owner shall submit to the County’s Director of Community Development a written statement from the
architect that the building was built to the plans on which the certificate was based.
11. Additional Public Space - The Owner shall construct\ a plaza area, as identified as “Plaza Amenity” on
the Application Plan, within the Project of no less than 5,000 square feet for the purpose of public
gathering and passive outdoor recreation. The plaza shall contain areas of permanent outdoor seating, a
water feature, and landscaping, the design and construction which shall be subject to final site plan
review and subject to the satisfaction of the Director of Planning.
WITNESS the following signature:
ROUTE 29 LLC
By:_____________________________
Wendell W. Wood
Operating Manager
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF _____________________, to-wit:
The foregoing instrument was acknowledged before me this ______ day of ______________, 2010, by
Wendell W. Wood, Operating Manager for Route 29, LLC.
My Commission expires: _____________ ______________________________
Notary Public
Notary registration number: ____________________
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ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 21, 2010
DRAFT PARTIAL MINUTES – ZMA-2010-14 HOLLYMEAD TOWN CENTER (AREA A-1)
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Albemarle County Planning Commission
December 21, 2010
The Albemarle County Planning Commission held a meeting, work session, and public hearing on Tuesday,
December 21, 2010, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401
McIntire Road, Charlottesville, Virginia.
Members attending were Duane Zobrist, Vice-Chairman; Thomas Loach, Chairman; Don Franco, Calvin
Morris, Linda Porterfield, and Russell (Mac) Lafferty. Ed Smith was absent. Julia Monteith, AICP, Senior
Land Use Planner for the University of Virginia, was present.
Other officials present were Joan McDowell, Principal Planner; Gerald Gatobu, Principal Planner; Ron
Higgins, Chief of Zoning; J.T. Newberry, Code Enforcement Officer; Amelia McCulley, Director of
Zoning/Zoning Administrator; Wayne Cilimberg, Director of Planning; Elaine Echols, Senior Planner; Susan
Stimart, Business Development Facilitator; and Greg Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Loach, Chairman, called the regular meeting to order at 6:00 p.m. and established a quorum.
Items to Defer
ZMA-2010-00014 Hollymead Town Center (Area A-1)
PROJECT: ZMA 2010-00014 Hollymead Town Center (A-1)
PROPOSAL: Rezone 59.162 (portions) acres from Planned Development -Shopping Center (PD-SC)
zoning district which allows shopping centers, retail sales and service uses; and residential by special use
permit (15 units/ acre) to Planned Development-Shopping Center (PD-SC) zoning district which allows
shopping centers, retail sales and service uses; and residential by special use permit (15 units/ acre), in
order to amend the existing proffers.
PROFFERS: Yes
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Town/Village Center-compact, higher density
area containing a mixture of businesses, services, public facilities, residential areas and public spaces,
attracting activities of all kinds. (6.01-34 dwelling units per acre) in Hollymead Development Area.
ENTRANCE CORRIDOR: Yes
LOCATION: Hollymead Town Center Area A-1, the southwest quadrant of Seminole Trail (US 29) and
Towncenter Drive in the Hollymead Development Area
TAX MAP/PARCEL: 032000000042A0, 04600000000500, 03200000004400 (portion), 03200000004500
(portion)
MAGISTERIAL DISTRICT: Rio
(Judith Wiegand)
DEFER TO JANUARY 11, 2011 DUE TO LEGAL ADVERTISING ERROR.
Mr. Loach noted staff was requesting deferral of ZMA-2010-00014, Hollymead Town Center to January 11,
2011.
Motion: Mr. Franco moved and Ms. Porterfield seconded for deferral of ZMA-2010-00014, Hollymead Town
Center to January 11, 2011.
The motion passed by a vote of 6:0.
Mr. Loach said that the request would be heard by the Planning Commission on January 11, 2011.
Return to exec summary