Project Name:  ZTA-2009-02 Beauty/Barber Shops in CO districts


Staff:  Ron Higgins, AICP and Elaine K. Echols, AICP

Planning Commission Meeting:  June 9, 2009


Board of Supervisors Meeting:  To be 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


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.


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

Return to PC actions memo