The URL can be used to link to this page

Home My WebLink AboutZTA200900002 Legacy Document 2009-06-03COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZTA- 2009 -02 Staff: Ron Higgins, AICP and Elaine K. Echols, P Beauty /Barber Shops in CO districts Planning Commission Meeting: Board of Supervisors Meeting: To be June 9, 2009 determined Applicant: Robin Maxwell Legal Ad: Amend Sec. 23.2.1, By right, of Chapter 18, Zoning, of the Albemarle County Code. This ordinance would amend Sec. 23.2.1 to add beauty shops and barber shops as permitted accessory uses in the Commercial Office (CO) zoning district. Recommendation: Approval ZTA 09 -02 PC June 9, 2009 Staff Report Page 1 STAFF PERSONS: Ron Higgins, AICP Elaine K. Echols, AICP PLANNING COMMISSION PUBLIC HEARING: June 9, 2009 ZTA 2009 -02: Beauty /Barber Shops in Commercial Office (CO) District ORIGIN: On December 8, 2008, Robin Maxwell made application for a zoning text amendment to allow beauty and barber shops as by -right accessory uses in the CO Commercial Office zoning district. On April 14, 2009, the Planning Commission passed a resolution of intent to consider adding the uses of beauty /barber shops to the CO district. Since these uses are not allowed in the CO district, they are requested to be added as by -right accessory uses through this zoning text amendment. The resolution of intent is provided as Attachment A. PROPOSAL: The proposed text amendment is Attachment B. The uses of beauty /barber shops are proposed to be added as permitted uses in the CO district. PUBLIC PURPOSE TO BE SERVED: The changes will help protect the public interest by providing a usual and customary accessory use to offices as a by -right use in a commercial district. At present, beauty /barber shops are not allowed in the CO district. ADMINISTRATION / REVIEW PROCESS: No impacts are expected which would change administration of the zoning ordinance or development review process. Any establishment of new uses will be subject to zoning clearance and site plan review where physical changes are proposed. HOUSING AFFORDABILITY: The proposed changes do not have an effect on housing affordability. IMPLICATIONS TO STAFFING / STAFFING COSTS: The proposed changes should not have any effect on staffing or staffing costs other than the normal staff time involved in zoning clearance and site plan review which are covered by zoning fees. DETAILS OF PROPOSED AMENDMENT: As indicated in the staff report for the resolution of intent, 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 than 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; ethical pharmacies; and 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. ZTA 09 -02 PC June 9, 2009 Staff Report Page 2 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 of the larger office district. In order to make the uses easily available, staff believes that they should be allowed by- right. STAFF RECOMMENDATION: Staff believes the proposed amendment represents needed changes to the ordinance and recommends adoption of the ordinance amendment contained in Attachment B. Attachment A: Resolution of Intent dated 4 -22 -08 Attachment B: Proposed ordinance amendment dated 5 -22 -09 ZTA 09 -02 PC June 9, 2009 Staff Report Page 3 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. 4 Attachment A Draft: 05/22/09 ORDINANCE NO. 09 -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. 23.2.1 By right Chapter 18. Zoning Article III. District Regulations Sec. 23.2.1 By right The following uses shall be permitted in any CO district, subject to the requirements and limitations of these regulations: 1. Administrative and business offices. 2. Professional offices, including medical, dental and optical. 3. Financial institutions. 4. Churches, cemeteries. 5. Libraries, museums. 6. Accessory uses and structures incidental to the principal uses provided herein. h Tl�_ __e _gate of.all i nat e accessory uses in ee-„ i shall not occupy more that twenty (20) percent of the floor area of _the buildings on the site. The following accessory uses shall be permitted: - 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; - Ethical pharmacies, laboratories and establishments for the production, fitting and/or sale of optical or prosthetic appliances on sites containing medical, dental or optical offices; - (Repealed 3- 17 -82) -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.. -3 (Added 12 -3 -86) :, �- t�• 5 ATTACHMENT B Draft: 05/22/09 - Beauty shons. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5- 12 -93) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1 -89) 9. Temporary construction uses (reference 5.1.18). 10. Dwellings (reference 5.1.21). (Added 3- 17 -82) 11. Temporary nonresidential mobile homes (reference 5.8). (Added 3 -5 -86) 12. Day care, child care or nursery facility (reference 5.1.6). (Added 9 -9 -92) 13. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10 -9 -01) 14. Tier I and Tier U personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) (§ 20- 23.2.1, 12- 10 -80; 3- 17 -82; 3 -5 -86; 12 -3 -86; 11 -1 -89; 9 -9 -92; 5- 12 -93; Ord. 01- 18(6), 10 -9 -01 ; Ord. 04- 18(2), 10- 13 -04) 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 Aye Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Clerk, Board of County Supervisors 6 ATTACHMENT B