Culpeper supervisors halt proposed 25% residential cap in CS zoning, direct staff to initiate map amendment

The Culpeper County Board of Supervisors voted unanimously to direct staff to begin a zoning map amendment to address parcels currently used as residences inside the Commercial Services (CS) district and did not adopt a proposed zoning text amendment limiting residential uses to 25% of a lot.

The proposed text amendment, advertised as ZTA-1124-1, would have revised Appendix A, Article 6 of the county zoning code to restrict purely residential uses within the CS district to no more than 25% of the total acreage of a development (excluding mixed-use structures), prohibit first-floor residential units in mixed-use buildings and require at least one permanent commercial or mixed-use structure to hold a certificate of occupancy before residential-only structures could receive one. Planning staff told the board the amendment was intended to clarify use on undeveloped parcels; the Planning Commission recommended against adopting the amendment by a 7–2 vote.

The proposal drew extensive public comment. Philip Santinga, a Brandy Station resident, asked how the change would affect his mixed-use 1.6-acre parcel and whether a ruined home could be rebuilt. “So, if our house burns down, for instance, then I would have to cut my property for 25%?” Santinga asked, pressing staff for clarity on rebuilding and how commercial operations on the same lot would be treated. Staff replied that commercial uses would remain allowed but the residential component could face limits and that some homeowners might need map amendments or other remedies.

Other speakers warned of unintended consequences for existing neighborhoods. Colleen Keener, who said she lives in the 3 Flags community, said she only learned her home was zoned commercial when notified about the proposal and described the amendment as a potential barrier to accessibility improvements: “And this, if passed, will prevent me from staying in my home,” she said, urging the board to remove affected homes from commercial zoning. David Martin, representing a development team including Community Housing Partners and Habitat for Humanity, said the 25% area cap would constrain multifamily and affordable housing proposals on his parcel and asked staff to work with his group to preserve opportunities for affordable units.

Board members debated three options: leave the ordinance and do nothing, amend Article 12 (nonconforming use rules), or pursue targeted zoning map amendments to reclassify residential parcels now trapped in the CS district. Staff recommended targeted map amendments for subdivision cases such as 3 Flags and Hawthorne Estates where mixed zoning is clearly an artifact of historic mapping; staff estimated the map amendment process would take a minimum of four to six months and include advertising, planning commission referral, and public hearings.

Supervisor (motion maker) moved to direct staff to initiate a zoning map amendment focused on CS parcels used solely for residential purposes and to defer any final action on the text amendment until the map work is completed. After discussion about whether re-advertising would be required in future steps, the board approved the motion by a 6–0 voice vote.

The board did not adopt ZTA-1124-1 tonight. Members said they expect staff, planning commission and the public to work through map corrections and for the county to return with recommendations and additional public hearings before any text change is enacted.