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Home My WebLink AboutZTA200900008 Legacy Document 2009-04-14COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ZTA- 2009 -02 Beauty /Barber Shops in CO district and April 14, 2009 Towing and Body Shops in HI District ACTION: INFORMATION: SUBJECT /PROPOSAL /REQUEST: Request to amend the zoning ordinance to allow beauty /barber shops in CO Commercial Office District as by -right accessory uses and to allow towing and body shops as by -right uses in HI Heavy Industrial Districts STAFF CONTACT(S): Echols, Higgins CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: BACKGROUND: Two citizen initiated requests were made over the past several months. The first was a request to add towing services as a by -right use in the HI Heavy Industrial district. The second was to add beautylbarber shop as by -right accessory uses in the CO Commercial Office district. These two requests were to abate zoning violations. Staff is also requesting that the use of body shop be added as a by -right use in the HI district. DISCUSSION: Regarding towing service and body shop uses, staff believes that were inadvertently omitted from the list of uses in the HI district when the district was created. The intent of the HI district is as follows: HI districts are hereby created and may hereafter be established by amendment to the zoning map to permit industries and commercial uses which have public nuisance potential and will therefore be subject to intensive review for locationa/ impact on surrounding land uses and environment. Uses and lands previously established in industrial general (M -2) and certain industrial limited (M -1) districts, where in conformity to the comprehensive plan, shall be encouraged to develop as active centers of employment on individual sites. It is intended that HI districts may be established in areas having all of the following characteristics: o Areas served by a major highway, rail or air service, or secondary road improved to standards approved by the county; o Areas either served by public water and sewer or meeting requirements of the local office of the Virginia Department of Health; and o Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and relationship to surrounding development In addition, towing services and body shops are allowed by special use in the Light Industrial district, but not allowed at all in the Heavy Industrial district. Regarding beauty /barber shops, staff believes that the use is appropriate as an accessory use in a Commercial Office district. The intent of the CO district is as follows: CO districts are hereby created and may hereafter be established by amendment to the zoning map to permit development of administrative, business and professional offices and supporting accessory uses and facilities. This district is intended as a transition between residential districts and other more intensive commercial and industrial districts. The CO district is a very limited commercial district. By -right uses include: administrative and business offices, professional offices, including medical, dental and optical, financial institutions, churches, cemeteries, libraries, museums, child care facilities and the other public and utility uses allowed in all districts. Accessory uses and structures incidental to the principal uses are allowed if they do not occupy more that twenty (20) percent of the floor area of buildings on the site. Accessory uses are: eating establishments, newsstands establishments for the sale of office supplies and service of office equipment, data processing services, central reproduction and mailing services and the like, and ethical pharmacies, sale /service of goods associated with the principal use such as, but not limited to: musical instruments, musical scores, text books, artist's supplies and dancing shoes and apparel. In looking at other zoning ordinances as well as observing office complexes, it is usual and customary that beauty and barber shops are part of the complex because of the services they can provide employees. RECOMMENDATIONS: Staff recognizes that the Board has asked staff and the Commission to bring back comprehensive amendments to the industrial districts to help implement the County's economic development policy. Staff also believes that the CO district should be modified in the future to help promote a greater mix of use. However, it will be many months before the changes can be brought to the Planning Commission and Board, applications have been made and the zoning violations need to be abated. Staff believes that these amendments should be considered quickly so that staff's attention can be given to larger, higher priority ZTAs such as the Neighborhood Model zoning amendments. The proposed changes can be processed as a single ZTA or as separate ZTAs. The resolutions of intent have been provided separately in the event that the Commission wishes to consider them as two separate amendments. Staff recommends approval of the attached resolutions of intent. ATTACHMENTS: ATTACHMENT A: Resolution of Intent dated April 6, 2009 for beauty /barber shops ATTACHMENT B: Resolution of Intent dated April 6, 2009 for towing and body shops RESOLUTION OF INTENT April 6, 2009 WHEREAS, barber shops and beauty shops are allowed by right in various planned districts and in the C -1 and Highway Commercial zoning districts, but are not allowed by right or by special use permit in the Commercial Office zoning district under Section 23 of the Zoning Ordinance; and WHEREAS, the intent of the Commercial Office zoning district is to permit administrative, business and professional offices and supporting accessory uses and facilities; and WHEREAS, Zoning Ordinance § 23.2.1(6) authorizes accessory uses in the Commercial Office zoning district and delineates several supporting accessory uses and facilities that are subject to the limitation that these uses not occupy more than 20% of the floor area of the buildings on the site; and WHEREAS, barber shops and beauty shops provide services that can support the primary administrative, business and professional offices and it is desired to amend Zoning Ordinance § 23 to add barber shops and beauty shops to the list of those accessory uses and facilities that support primary administrative, business and professional offices. 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 § 23 and any other regulations of the Zoning Ordinance deemed appropriate to achieve the purposes described herein. 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. Attachment A 3 RESOLUTION OF INTENT April 6, 2009 WHEREAS, body shops and towing services provide needed services. WHEREAS, the body shop use classification is allowed by special use permit in various planned districts and in the C -1 and Light Industry zoning districts, but is not allowed by right in any zoning district; and WHEREAS, the towing and temporary storage of motor vehicles use classification is allowed by special use permit in the planned development industrial districts and in the Light Industry zoning districts, but is not allowed by right in any zoning district; and WHEREAS, the intent of the Heavy Industry zoning district is to permit industries and commercial uses which have public nuisance potential, subject to intensive review for locational impacts on surrounding land uses and the environment; and WHEREAS, the body shop and towing and temporary storage of motor vehicles use classifications are similar in character and potential impacts as the uses allowed by right in the Heavy Industry zoning district (Zoning Ordinance § 28.2. 1) and both use classifications are already subject to regulations pertaining to their potential impacts and operation under Zoning Ordinance §§ 4.14, 5.1.31 and 5.1.32, in addition to other applicable regulations under the Zoning Ordinance; and WHEREAS, it is desired for the body shop and towing and temporary storage of motor vehicles use classifications to be allowed by right in the Heavy Industry 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 § 28 and any other regulations of the Zoning Ordinance deemed appropriate to achieve the purposes described herein. 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. Attachment B f�