HomeMy WebLinkAboutZTA200600001 Legacy Document 2008-05-12STAFF PERSON: Joan McDowell, Principal Planner Rural Areas
PLANNING COMMISSION: May 20, 2008 Work Session
ZTA 2006 -01 Country Stores
ORIGIN: The Rural Areas section of the Comprehensive Plan identifies the protection
of historic, archeological and cultural resources as a guiding principle for the Rural
Areas. As a result of the Historic Preservation Committee's concern that the remaining
County stores' futures were threatened unless the County interceded, the Board of
Supervisors prioritized the Rural Areas implementation plan by giving country stores a
higher priority. The Board directed staff to propose ways to improve and preserve
Albemarle's country stores as historic and cultural resources.
PROPOSAL: Amend the zoning ordinance to provide appropriate standards and
regulations with the flexibility that respects their existing conditions, maintains rural
character, and encourages a revival of Albemarle's country stores that are essential to the
rural culture and rural economy.
PUBLIC PURPOSE TO BE SERVED: The preservation of country stores implements
the Comprehensive Plan by helping to protect and enhance the rural quality of life; they
also address the needs of existing rural residents without fostering growth and further
suburbanization; additionally, they provide a market for local agricultural products.
Albemarle's country stores are an important cultural resource of historic buildings and
sites to be conserved. With these recommendations the County could increase the means
by which country stores are supported as viable rural businesses, integral components of
crossroads communities and other localized rural economies. Supporting the stores
would serve to provide greater opportunities for store owners, increase viability of these
rural buildings, and allow for the re- integration of a primary element of the rural
landscape back into the fabric of Albemarle County. In addition to the economic,
historic, and cultural benefits of supporting country stores there are positive impacts on
natural resource conservation. The adaptive re -use of buildings is fundamentally sound
environmental practice, producing less overall impact on the environment and helping to
conserve natural resources.
BACKGROUND: In May of 2003 the Historic Preservation Committee presented a
Position Statement on Albemarle County's Historic Country Stores prompting the Board
of Supervisors to direct staff to propose ways to improve and preserve Albemarle's
country stores not only as an historic and cultural resource, but as an integral part of
Albemarle's rural crossroads communities. A strong rural economy is one of the
elements of the County's vision for the Rural Areas; the Rural Areas Guiding Principles
encourage the support of localized rural economies and rural land uses providing rural
landowners with economic viability. The proposed changes to the Ordinance are intended
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to ensure the remaining country stores continue to play an essential role in the culture,
economy, and historic legacy of Albemarle County.
In March 2007, interested citizens and store owners met with staff to discuss the
proposed ordinance framework. Much of the input from these stakeholders was
incorporated into a draft proposal presented to the Planning Commission on March 20,
2007. The Commission adopted a Resolution of Intent to direct preparation of a text
amendment and also discussed the draft framework proposal. In June 2007, the
Commission held a second work session to discuss a second draft framework. The draft
proposals are included as Attachment A and the Commission minutes of March and June
are included as Attachment B.
PURPOSE OF THE WORK SESSION:
To provide an opportunity for discussion of some issues which have surfaced during the
development of the proposed zoning text amendment.
QUESTIONS FOR THE PLANNING COMMISSION:
In light of the goal to encourage the viability of the country stores, staff has considered
several potential implementation methods. However, as some of these methods represent
changes in the standard practices and policies, staff wanted to check -in with the Planning
Commission before progressing any further in the ordinance language development.
Issue 1: Septic Systems
Some of the current properties that contain country stores or properties that were the sites
of former country stores cannot support conventional septic system drainfields, due to the
size of the parcel or to drainage problems.
Question: Would the Planning Commission support alternative septic systems in the
above cases?
Discussion: Alternative septic systems are not currently allowed in the County. Such
systems, however, would provide a better opportunity for existing country store sites to
operate. As stated in previous sections of this report, the Comprehensive Plan clearly
recognizes the importance of country stores in the County. Conversely, the Plan and the
zoning ordinance do not encourage residential development in the Rural Areas. While
allowing alternative systems in country store sites sets some precedence, staff believes
they can be restricted to only country store sites without permitting them at other
locations, including residential, based on the priorities of the Comprehensive Plan.
The Planning Commission supported having alternative septic systems during the review
of the Rural Areas section of the Comprehensive Plan. The Board of Supervisors decided
that these systems could encourage development in the RA by allowing subdivisions of
lots that could not be subdivided otherwise. Also the Board had concerns regarding
maintenance of these systems. Therefore, the Board determined that they would continue
to consider alternative systems on a case -by -case basis.
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Discussions with both owners of country store properties and the Virginia Department of
Health has prompted staff to consider the merits of alternative septic systems. The
Health Department has provided information that some alternative septic systems are
environmentally sound, but advise that they do require maintenance to prevent failure.
Staff believes that a tiered review process should be considered when evaluating an
alternative septic system application:
Tier I - the property owner / applicant provides proof that the conventional system cannot
be provided on -site, and
Tier II - the property owner / applicant cannot locate drainfields on adjacent properties,
then
Tier III — an alternative septic system may be approved by the Zoning Administrator in
lieu of a conventional system.
Applicants and staff would work with the Health Department to ascertain the availability
of suitable drainfield sites and the most appropriate alternative system, should that be
allowed. A representative from the Health Department has been requested to attend the
work session to answer questions.
The costs of purchasing, installing and maintaining these alternative systems would be
borne by the applicant or the property owner. The Health Department has advised that
the alternative systems are considerably more expensive than conventional systems and
that maintenance will be required more frequently than pumping out every five years as
recommended for conventional systems.
Staff recommends that the Planning Commission allow alternative septic systems on
country store sites using the tier processing, as described above.
Issue 2: Mixed Uses
Many of the country store owners have requested that they be allowed to have or to
continue food service. In addition, some owners requested that they be allowed to have a
portion of the country store converted into residential and /or offices. Currently, offices
are not permitted in the Rural Areas District.
Question: Should country store buildings be allowed to contain other uses?
Discussion: There is a tradition of combining country stores with other uses.
Traditionally, uses such as post offices have been located in country stores. The County
has several existing stores that include residential dwellings within the building. Most
stores today also provide some level of food service, from take -out microwave
hamburgers and hot dogs to gourmet food items, with many having inside and outside
seating. Staff has also received requests to allow office usage within the country store
building. The store owners have said that without multiple uses, it would make it
difficult for them to be economically viable.
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In previous work session discussions, the Commission agreed that country stores should
be restricted to 4,000 square feet. This size limitation also was believed to be reasonable
when discussed with store property owners in March 2007. Adding to this maximum size
in order to accommodate other uses has not been considered a viable option.
Consideration of the impacts of these food service, offices, and dwelling units would
include evaluation of water and septic usage and parking, with the key consideration
being ensuring that the primary country store use is maintained. The Health Department
has advised that all the proposed uses - country store with food service, residential, and
office - could be accommodated by either conventional or alternative septic systems,
under certain conditions. Limitations placed on the size of the food service area would
mitigate the impacts on water and septic systems and the Health Department does not
anticipate problems, as long as there are accommodations for a grease trap and proper
maintenance of the septic system. Staff's opinion is that no more than 20% of the
country store should have food service and that seating both inside and outside should
also be limited to 20% of the store square footage. In addition, the residence should be
limited to one unit and no more than 2,000 square feet or 50% of the store square footage,
whichever is less. A portion of the residential unit square footage / percentage may be
converted into an office. The Health Department has advised that the greatest demand on
water and septic will be from the residential use. If an alternative septic system would be
required due to the inclusion of an ancillary use (residential and/or office), staff does not
believe the test for justification for the alternative system (Tier I) should be met. The
Health Department considers the office as having the least impact on water and septic
systems. In no case should the store (including the food service area) be reduced to less
than 50% of the total square footage of the building, in order to ensure that the primary
use of the property is maintained as a country store. If that balance is not maintained, this
ordinance amendment could allow uses in the Rural Areas that are not otherwise
permitted in the District and would be in conflict with the intention of the Rural Areas.
Staff recommends that country stores be allowed to include both residential and offices
uses within the country store building. However, the primary country store use should be
maintained.
Issue 3: Expeditious Review
Encouraging a revival of country stores includes providing a review process by which the
County can assure that the public health, safety and welfare are protected, while
providing an expeditious review for the applicant.
Question: Four classes of country stores are proposed:
1. Class A — an existing country store that is continuing or will be re- established in
its original country store building, without need of exterior changes in
appearance. This will be a by -right use.
2. Class B — a country store or other use to be located in an existing country store
building that has undergone a material change in appearance in the 50 years prior
to the date of the application.
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3. Class C — a country store to be located on an existing footprint (or portion of the
footprint of a former country store building). The original building no longer
exists. The footprint would be determined by the Director of Zoning.
4. Class D — a new country store not located on a footprint that was a former country
store. These will require a special use permit.
Should Class B and Class C be required to have a special use permit or should they be
processed with an administrative (technical) review?
Discussion: Applicants for special use permits in the RA are typically novices in dealing
with these types of applications. In most cases, this is the first and only time they will
have individual contact with a legislative process. Staff recognizes that the special use
permit process can be expensive and timely to complete, especially for applicants not
familiar with the process. In the interest of providing all the necessary reviews, but in the
most expeditious way, administrative review should be considered for country stores that
want to expand (Class B) and country stores to be constructed on the footprint (Class C)
of a store that is no longer standing. Existing stores (Class A) would be by -right uses and
new stores would be required to be reviewed under the special use permit process, as
there may be adjacent or community concerns that require public input. The primary
distinction between a special use permit process and an administrative review is that of
public involvement, but any administrative review application may be "called up" for
Planning Commission review. However, denial of this type of application is limited to
those cases in which specific requirements of the ordinance are not met. Also, all
applications on Entrance Corridors would be subject to the review of the Architectural
Review Board.
Staff recommends that country stores Class B and Class C be administratively reviewed.
RECOMMENDATION: Staff asks that the Planning Commission give guidance
regarding the issues discussed in this report, as well as any other items the Commission
would like to see addressed.
ATTACHMENTS
A Draft Framework Proposals, March 20, 2007 and June 26, 2007
B Planning Commission Minutes, March 20, 2007 and June 26, 2007
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