HomeMy WebLinkAboutZTA200600001 Legacy Document 2008-07-18STAFF PERSON: David Benish, Chief of Planning
Joan McDowell, Principal Planner Rural Areas
PLANNING COMMISSION: July 22, 2008
BOARD OF SUPERVISORS: September 10, 2008
ZTA 2006 -01 Country Stores
Amend Sections 3. 1, Definitions, 6.4, Nonconforming lots, 10.2.1, By right, 10.2.2, By
special use permit, and 10.4, area and bulk regulations, and add Section 5.1.45, Country
store and non - country store uses in historic country store buildings, of Chapter 18,
Zoning, of the Albemarle County Code. This ordinance would amend Section 3.1 by
defining certain terms related to country stores; Section 6.4 by adding regulations
pertaining to country stores on nonconforming lots; Section 10.2.1, by adding Country
stores, Class A, as a by right use in the Rural Areas zoning district; Section 10.2.2, by
adding Country stores, Class B (replacing "Country stores "), non - country store uses in
historic country store buildings, and the sale of gasoline and other fuels in conjunction
with a country store, Class A or B, as uses allowed by special use permit; and Section
10.4, by adding an introductory statement. This ordinance also would add Section 5.1.45
to establish supplementary regulations for country stores, Classes A and B, and non-
country store uses in historic country store buildings.
ORIGIN: The Rural Areas (RA) 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
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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
to ensure the remaining country stores continue to play an essential role in the culture,
economy, and historic legacy of Albemarle County. At this time, 83 country stores have
been surveyed, with 49 of those on Entrance Corridors.
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 (Attachment A). The
Commission has held two work sessions to discuss the proposal.
At the last work session in May 2008, the Commission gave direction on three issues. A
copy of the action minutes is attached as reference (Attachment D).
The proposed ordinance has incorporated the following Commission direction (summary
in italics):
1) Alternative septic disposal
A three -tired level of review for the alternative systems has been added;
alternative disposal system can be considered only if the country store use within an
historic country store building necessitates an alternative system. Accessory uses
within the building may also use the system once it is in place; the Zoning
Administrator may require that the applicant maintain the system, as recommended
by the Health Department or required by law.
2) Mixed uses
Accessory uses, including a residence and office, would be permitted within the
country store building provided that the country store would occupy a minimum of
SI % of the gross square footage of the building.
3) Expeditious review
The Commission supported staff's recommendation to provide an expeditious
processing, provided that a special use permit for new country store buildings
would continue to be required. The Commission also suggested that staff
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consider merging two of the initially proposed classes of country store uses (Class C and
Class D), as they would both be required to obtain a special use permit. Consideration
of the need to provide an expeditious review for existing country stores and protecting
historic country stores, staff further refined the proposed ordinance into two categories:
Class A and Class B. Additional discussion of these two classes is contained below in the
Staff Comment section of this report.
STAFF COMMENT:
The proposed text amendment has incorporated three of the Historic Preservation
Committee recommendations:
1) Eliminates the current two -year window in which a vacant country store loses its
non - conforming and exceptional status as a commercial property;
2) Revises the requirements for parking to allow exceptions to accepted practice
when the confines or limits of the property of one of the historic stores do not
allow for the standard requirement;
3) Allows for multiple uses in country stores.
The Historic Preservation Committee also recommended implementing tax credits for
rehabilitation of country stores. Since tax initiatives are not contained in the zoning
ordinance, this recommendation has not been included in the text amendment.
In addition to the recommendations by the Historic Preservation Commission, the draft
ordinance includes components derived from discussions with the Planning Commission
and with owners of country store properties.
Historic County Store Building. Based on the Secretary of Interior standards, a building
is considered historic when it is 50 years old or older. Protection of Albemarle's existing
historic country store buildings was the guiding framework for this ordinance. If
approved by the Board of Supervisors at their public hearing scheduled for September 10,
2008, country stores buildings constructed on or before September 10, 1958, would meet
this standard and be considered a Class A country store use in a Country Store Building,
Historic. Stores constructed after the approval date would not be considered historic and
would be classified in Class B category. Although the 50 year historic standard is a
constantly shifting date, this ordinance specifically targets the county's existing older
country store buildings as a unique historic resource and in need of protection. It has not
been determined how many stores still in existence would meet the 50 year standard.
Since 1969, Albemarle has required a special use permit for country stores, called then
General Store, Country. The definition in 1969 allowed a maximum of 4,000 square feet
for the ground floor level. Gasoline could be sold as a secondary activity with no more
than three gasoline pumps. Current regulations allow 4,000 square foot country stores by
special use permit. However, gasoline pumps are not allowed in the Rural Areas District
under current regulations.
In general, this ordinance classifies country stores into two categories:
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Class A Country Store. In a historic country store building, a country store use or other
permitted use in the RA would be by- right, requiring administrative approval only. Also,
in recognition that most historic country stores would not meet today's regulations
including setbacks, parking, and landscaping, Class A country stores would be exempt
from those requirements. If a store is not in operation for two years or more, it would no
longer be considered non - conforming.
Non - conventional sewage disposal systems would be considered for the country store
use, as many of the existing stores are located on lots that may not accommodate a two -
drain field conventional system. The system would be considered under a three- tiered
evaluation, as recommended by the Planning Commission: 1) for country store use only;
2) drainfields cannot be located on -site or on an adjacent parcel; and approved by the
Health Department. According to the Health Department, the state health department
will have an operation and maintenance program taking effect July 1, 2009. All pre-
treatment units have to be NSF 40 certified. Presently, dealers for these units have to
inspect these units when they are installed and 6 months thereafter for a two year period.
Class B Country Store. In a non - historic building, a new country store use or other
permitted use in the RA would be required to obtain a special use permit.
Class A and Class B Country Stores. Some of the proposed regulations apply to both
classes of country store. As we have experienced, there can be some difficulty in
retaining the economic viability of country stores in the Rural Areas. Country store
property owners have discussed ideas that would allow a diversification of uses that they
believe necessary for their survival. Consideration of other uses included historic
precedence, scale, parking, and potential demand of services. Regulations concerning
building size and the maximum amount of accessory uses in relation to the country store
use apply to both Classes. The following regulations would apply to both classes:
• Maximum 4,000 square foot building (removed from definition, so that it can be
waived by the Planning Commission);
• Office and/or residence allowed in a maximum 49% of the country store building
(offices and mixed residential/office /country store uses are currently not permitted in
the RA District);
• Food preparation, sale, and consumption in no more than 20% of the country store
area within the building; outdoor seating area would also be permitted, with size
limited to 20% of the country store area within the building;
• Entrances would be required to meet Virginia Department of Transportation
(VDOT) sight distance standards;
• Stores and signs on Entrance Corridors would be reviewed by the Architectural
Review Board, using the Secretary of Interior standards
• Gasoline sales would be allowed with a special use permit, with limitations on the
fuel/nozzle dispensers; other fuels, such as propane and diesel could also be sold
without limitation;
• Pre - existing country stores with special use permits would be allowed to continue in
use, as approved;
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• Accessory uses would be allowed to continue for two years after the country store
use is discontinued;
• Provisions regarding lot adjustments to meet Department of Health requirements for
country stores that would provide protections for nonconforming lots.
Housing Affordability:
The draft proposal (Attachment C) does include residential use within a country store
buildings as an accessory use, although impacts on housing affordability will not be
significant due to the total number of remaining country stores. However, combining
residential use within country store buildings would provide the opportunity for owners
to simultaneously live in and operate a country store, provide on -site living
accommodations for a caretaker / employee, or provide supplemental income to the store
owner through the rental of residential space.
Administration / Review Process:
Review of country stores would consist of the following processes:
Class A — Existing uses would be allowed to continue to operate. New uses would
require an administrative approval process that includes review by Health Department
and Virginia Department of Transportation. A site plan application would be required for
new uses that would necessitate additional parking or a change in the entrance. Exterior
alterations of buildings located on Entrance Corridors would require Architectural
Review Board approval.
Class B — Existing uses in country stores would be allowed to continue to operate. New
country stores would be required to obtain a special use permit. Exterior alterations of
buildings located on Entrance Corridors would require Architectural Review Board
approval.
Implications to Staffing / Staffing Costs:
This ordinance amendment would encourage the reuse of country store buildings. Of the
total 83 country stores that have been located and surveyed by staff, 49 country store
buildings are located on Entrance Corridors. Since the intent of this ordinance is to
support and promote country stores in the Rural Areas, it can anticipated that additional
applications, both administrative reviews and special use permits, would result from this
effort. Although additional reviews will impact staff work loads in the Community
Development Department, the greatest impact would be for the review of the architecture,
site and signs on Entrance Corridors for both Class A and Class B country stores,
including a new requirement for an analysis of the Secretary of Interior standards
(Attachment E). In addition to review of both Class A and Class B stores on the Entrance
Corridors, the Design Planning staff would also be charged with instructing the
Architectural Review Board (ARB) on the Secretary of Interior standards. At this time,
the Design Planning staff in functioning in excess of full capacity with mandated
reviews; therefore, any additional activity generated by this amendment would increase
already over burdened work levels. Although a decline for some of the other applications
is currently being experienced due to the economic downturn, the Design Planning has
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been experiencing heavier work levels and with fewer staff, due to the frozen Historic
Preservation planner position.
The review of country stores would be subject to the appropriate fees. No new fees
would result from this proposal.
STAFF RECOMMENDATION: Staff recommends adoption of the draft ordinance
found in Attachment C. It should be noted that there are resource implications to the
adoption and implementation of the ordinance (as described above) that need to be
addressed by the Board of Supervisors before this ordinance is adopted and put into
effect.
Attachment A: Resolution of Intent
Attachment B: Draft Ordinance No. 08 -18 — compare copy
Attachment C: Draft Ordinance No. 08 -18 — final draft
Attachment D: May 22, 2008 Planning Commission Final Action Memo
Attachment E: Secretary of Interior Standards
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