HomeMy WebLinkAboutZTA201000007 Legacy Document 2011-03-17I IRGI V �\
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZTA2010- 00007- "Body
Shop" by SP in Highway Commercial (HC)
Districts.
SUBJECT /PROPOSAL /REQUEST: Zoning
Text Amendment to correct an omission
of the "Body Shop" use from the HC
zoning district.
STAFF: Ron Higgins
PLANNING COMMISSION DATE: November
30, 2010
BOARD OF SUPERVISORS DATE: TBA
BACKGROUND: While reviewing a building permit for an addition to the "Brown Collision Center" at 1590
Seminole Trail it was determined that the facility, formerly the Brown Honda dealership, had become
almost entirely a body shop under the definitions in the Zoning Ordinance. By eliminating the former
primary use of an auto dealership the secondary use of "body shop" had become the new primary use.
After determining this, it was found that the "body shop" use was not listed in the HC zoning for the site,
either by -right or by special permit. Further research revealed that a ZTA in 1992, which added the use of
"Body shop" as a use permitted by special permit in the C -1 district, failed to address the use in the HC
district, even though it was allowed in the LI district by special use permit also.
The Planning Commission, at its meeting on October 19, 2010, adopted a Resolution of Intent (Attachment B)
to amend the zoning ordinance §24.2.2, Uses permitted by special permit in the Highway Commercial (HC)
zoning district, to add "Body shop" as a use permitted by special permit.
DISCUSSION: Given the relative intensity of the C -1, HC and LI districts, it is deemed appropriate to have
the "body shop" use in HC by special use permit if it is also allowed in the less intense C -1 zone and the
more intense LI zone by special permit. Furthermore, the use is similar in character with the uses of
"automobile and truck repair shops ", allowed by -right in the HC district. The "body shop" use, as a special
permitted use, can be in keeping with the character and intent of the HC district to "permit commercial
establishments ... primarily oriented to highway locations..." by attaching appropriate conditions in a special
permit review.
PUBLIC PURPOSE TO BE SERVED: This proposal provides for a use that can be in keeping with the
district regulations and intent. It also creates a more logical progression of uses in various districts.
ADMINISTRATION/ REVIEW PROCESS: This proposal will not change the review process for the "body
shop" use.
IMPLICATIONS TO STAFFING /STAFFING COSTS: This proposal will have an insignificant effect here.
HOUSING AFFORDABILITY: This proposal will have no effect on housing affordability.
RECOMMENDATION: Staff recommends approval of the draft ordinance. (See Attachment A)
ATTACHMENTS:
ATTACHMENT A: Albemarle County Zoning Ordinance §24.2.2, dated 11/08/10
ATTACHMENT B: Resolution of Intent (approved, October 19, 2010, by the PC)