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Home My WebLink AboutZTA200600001 Legacy Document 2007-07-16 (3)STAFF PERSON: Amy Ransom Arnold PLANNING COMMISSION WORK SESSION: June 26, 2007 ZTA 2006 -01 Country Stores ORIGIN: County Planning staff (Attachment A Resolution of Intent) PROPOSAL: Currently a large number of country stores throughout the County are threatened or have been lost; Advance Mill Supply was demolished in the spring of this year. Amending the Zoning Ordinance will help reverse this trend and allow existing country stores to continue their essential role in the culture and economy of rural Albemarle County. In addition, we hope to encourage the creation of new country stores and broaden the re -use options for the owners of existing country store buildings. To accomplish these goals staff recommends several changes in the ordinance including: Revising the definition of country store to better reflect the diversity of existing stores and store uses. Include in the definition store buildings that have been adapted for uses other than country store, store buildings altered from their original configuration, and new country store uses. Allowing for combining residential and country store uses: both together within a country store building or as coexisting on the same site. Eliminating the current two -year window in which a country store loses its non- conforming status when vacant or used for other purposes. Maintaining the authentic character of the existing stores by providing appropriate review of the rehabilitation of country stores and country store sites. Allowing for existing paving, entrances, and minimal building setbacks on country store sites to remain as originally configured. Assuring the rural character of country store sites by eliminating site paving and planting requirements based on urban and suburban — rather than rural - models. Supporting the use of alternative septic and water systems, assisting the store owner faced with outdated systems and size restricted sites. Establishing an inventory of surviving country store buildings and historic country store sites to serve as a base line for identifying existing stores. Evaluating the possibilities for adopting a program of property tax abatements for the rehabilitation of buildings identified as an historic country store on the Federal, State, or County inventory. The proposed changes in the ordinance currently include the establishment of a Country Stores Overlay District in Chapter 18, Section 30 along with amendments in other selected sections throughout the ordinance text. (Attachment B Draft Proposal) PUBLIC PURPOSE TO BE SERVED: Albemarle's country stores are an important cultural resource; 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: 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. In addition, in May of 2003 the Historic Preservation Committee presented Position Statement on Albemarle County's Historic Country Stores (Attachment C) further 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 Area 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. STAFF COMMENT: One remaining question addresses identifying the most appropriate form for the amendments to take within the ordinance. Discussions with the country stores ZTA committee have centered on two primary alternatives: 1. Within Chapter 18, Section 10 list country stores Class A as by- right, country stores Class B, C, and D by special use permit, refer to section 5 supplemental regulations for both, and simply list all of the conditions for the stores. Good examples of this approach are regulations for cell towers and farm worker housing. Staff feels the single advantage to this approach is allowing for ease of use for planning staff and the public. Staff research indicates the pattern in the State enabling legislation for historic designations and the accompanying tax advantages are based on the establishment of districts. Although it is not within the purview of land use law or land planning to establish tax abatements for the rehabilitation of country stores, researching the possibility of such a program was part of the Historic Preservation Committee's Position Statement on Albemarle County's Historic Country Stores requests. Staff feels, although the ordinance form is more complicated, establishing a country stores overlay district would create a framework to which a tax abatement program, or other historic initiatives, could be easily added. Administration / Review Process: The administrative review of proposals for the rehabilitation of existing stores and store sites for use as a country store (Class A) would introduce a new administrative process likely requiring between two to six weeks. Although a new review process would be introduced, the actual number of country store reviews will likely be small given the total number of remaining stores. Staff recommendations for proposed rehabilitation of stores for alternative uses and additions to store buildings and sites (Class B, C, and D with historic footprint only) could be included as part of the existing review comments process normally used for special use permits. Housing Affordability: The draft proposal (Attachment B) 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. Implications to Staffing / Staffing Costs The administrative review of the architectural, site and sign review for the stores would be most appropriately performed by the design and historic preservation staff from Design Planning, although the work schedule of the Design Planning staff is currently overloaded. Review of proposals for the rehabilitation of existing country stores Class A should require a fee; Class B, C, and D would require special use permits which have an existing fee. The compilation of a base line inventory of existing country stores could be completed by Planning Division interns guided by Rural Areas staff over the next few months. Tax assessor and legal meeting attendance and comment would likely be required should the Board recommend pursuing tax abatement for the rehabilitation of existing country store buildings. STAFF RECOMMENDATION: Staff recommends the Planning Commission take the following actions: 1. Set the date for a public hearing for ZTA 2006 -01 Country Stores on August 1, 2007 for the establishment of a country stores overlay district and additional proposed changes to the zoning ordinance. 2. Direct staff to establish a base line inventory of country stores and the sites of former country stores. 3. Direct County legal staff, real estate tax assessor, and experts on the Historic Preservation Committee to explore the feasibility of tax abatements for the rehabilitation of country store buildings; include representatives from jurisdictions with tax abatement programs in place in the discussion. Attachment A: Resolution of Intent for Country Stores Zoning Text Amendment Attachment B: Draft proposal for Country Stores Overlay District with additional proposed changes in the Ordinance Attachment C: Position Statement on Albemarle County's Historic Country Stores Albemarle County Historic Preservation Committee Attachment D: Referenced sections from the Zoning Ordinance Attachment E: Map locating approximately 60% of the County's country stores