HomeMy WebLinkAboutSP201800010 Staff Report 2018-09-04ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP201800010 Art Studio (Painting)
Staff: Andrew Knuppel, Planner
Planning Commission Public Hearing:
Board of Supervisors Hearing: TBD
September 4, 2018
Owner(s): A. Camille Price
Applicant: Abby Kasonik
Acreage: 18.64 acres
Special Use Permit for: Home occupation,
Class B per Zoning Ordinance Section 13.2.2(9).
TMP: 09000000000100
Location: 790 Old Lynchburg Road
School District: Monticello HS, Walton MS, Cale ES
By -right use: R-1 Residential - 1 unit/acre
Magisterial District: Samuel Miller
Proffers/Conditions: Yes
Requested # of Dwelling Units/Lots: N/A
DA - X RA -
Proposal: Home Occupation to allow an art studio
Comp. Plan Designation: Neighborhood
in an existing accessory structure instead of inside
Density Residential — residential (3-6 units/acre);
the home. Outside visitors are proposed on a
supporting uses such as places of worship,
limited basis with no greater than 3 open studio
schools, public and institutional uses and small -
events per year.
scale neighborhood serving retail and
commercial. In Neighborhood 5 in the Southern
Urban Neighborhood.
Character of Property: Large parcel in the
Use of Surrounding Properties: Except for its
Development Areas containing a historic house and
frontage on Old Lynchburg Road, the property is
accessory outbuildings. Wooded areas buffer most
completely surrounded by the Mosby Mountain
parcel boundaries.
subdivision which includes residences and
wooded areas. Southwood Mobile Home Park
and the future Biscuit Run County Park are
located across the street.
Factors Favorable:
Factors Unfavorable:
1. The use will be conducted entirely indoors,
1. Concerns about visual impacts to
with minimal impacts to adjoining
adjacent properties have been stated.
properties.
However, these impacts would be
2. The use will promote a target industry
comparable to uses allowed by -right.
identified in the Comprehensive Plan.
3. Traffic generated by the use is consistent
with what would normally be expected by a
dwelling unit in a residential neighborhood.
Recommended conditions of approval
would prevent activity in excess.
4. Approval of the request would rectify a
potential code violation.
Recommendation: Staff recommends approval of SP201800010
with conditions.
SP201800010 — Art Studio (Painting)
Planning Commission: September 4, 2018
Page 1
STAFF CONTACT:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Andrew Knuppel, Planner
September 4, 2018
TBD
PETITION:
PROJECT: SP201800010 — Art Studio (Painting)
MAGISTERIAL DISTRICT: Samuel Miller
TAX MAP/PARCEL: 09000000000100
LOCATION: 790 Old Lynchburg Road, Charlottesville, VA 22903
PROPOSAL: Home Occupation to allow an art studio in an existing accessory structure instead of inside the
home. Outside visitors are expected on a limited basis with no greater than 3 open studio events per year.
PETITION: Home occupation, Class B per Section 13.2.2(9) (reference 5.2) of the Zoning Ordinance.
ZONING: R-1 Residential - 1 unit/acre
ENTRANCE CORRIDOR (EC): Yes.
OVERLAY DISTRICT(S): Flood Hazard Overlay District
COMPREHENSIVE PLAN: Neighborhood Density Residential — residential (3-6 units/acre); supporting uses
such as places of worship, schools, public and institutional uses and small-scale neighborhood serving retail
and commercial, and Parks and Green Systems — parks, playgrounds, play fields, greenways, trails, paths,
recreational facilities and equipment, plazas, outdoor sitting areas, natural areas, preservation of stream
buffers, floodplains and steep slopes adjacent to rivers and streams in Neighborhood 5 in the Southern Urban
Neighborhood.
CHARACTER OF THE AREA:
The property is surrounded to the north, west, and south by residences and an open space tract in the Mosby
Mountain subdivision. The Southwood Mobile Home Park and the future Biscuit Run County Park are directly
across Old Lynchburg Road from the subject property, although their frontages on Old Lynchburg Road are
currently wooded. (Attachment A)
The property is a large, mostly wooded parcel containing the historic Tudor Grove house and accessory
outbuildings. A wooded area buffers the property's frontage on Old Lynchburg Road, with a smaller wooded
buffer along most parcel boundaries adjoining the Mosby Mountain subdivision. The structure containing the
proposed art studio is located near the western edge of the property, across a clearing from the main house.
PLANNING AND ZONING HISTORY:
Although zoned R-1 Residential in the 1980 comprehensive rezoning, a majority of the property was not
located in a designated Development Area until the Southern & Western Urban Neighborhoods Master Plan
was adopted in 2015.
The property is the residue of the Tudor Grove estate. During the course of numerous subdivisions and
boundary line adjustments prior to 2004, portions of the estate were subdivided and now form the acreage of
the Mosby Mountain development.
At present, the accessory structure is being used as a painting studio.
DETAILS OF THE PROPOSAL:
The applicant is proposing to utilize an existing accessory structure as a painting studio for her home
occupation. The usage of an accessory structure is the only criterion requiring a Class B home occupation.
In conjunction with the use, regular visitors to the studio are expected on an occasional basis by invitation only
(an average of 1 visitor every 2 weeks, or as many as 3 on a rare busy week) to discuss a proposed piece of
art or to pick up a piece they have purchased. Regular visits from visitors at this level is allowed for a Class A
home occupation.
SP201800010 — Art Studio (Painting)
Planning Commission: September 4, 2018
Page 2
The applicant has also requested permission to have up to 3 open studio events in a year (at a 4 month
interval), although it is possible that only one event per year may actually occur. These events would be
consistent with what might be expected as part of an artisan trail or cultural tourism event, or a seasonal art
show. The applicant anticipates that an open studio event would be held on one or two consecutive days from
no earlier than 12:00 p.m. to no later than 8:00 p.m., inside the studio with no outdoor amplified sound. During
an open studio event, no more than 35 vehicles would be expected and the invited visitors would be visiting
intermittently throughout the event, and would not be expected to attend at the same time.
Attachment B contains the applicant's proposal, and Attachment C contains the concept plan.
COMMUNITY MEETING:
Due to the nature of the request and the anticipated minimal impacts, a community meeting was not held for
this proposal. Instead, staff provided information at the July 19, 2018 5tn and Avon Community Advisory
Committee meeting. During the meeting, an abutting property owner expressed concerns about visual impacts
that would be caused by vehicles utilizing the driveway to the studio structure, particularly those caused by
headlights during evening hours. Questions were also asked regarding the applicant's ability to utilize the
structure for private gatherings at the residence, as well as whether the County could further restrict the use of
the studio structure.
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST
Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall
reasonably consider the following factors when reviewing and acting upon an application for a special use
permit:
No substantial detriment. The proposed special use will not be a substantial detriment to adjacent
lots.
Because the property is fairly large and surrounded by wooded areas, and because all activities would take
place inside the existing accessory structure, no significant visual, parking, traffic, or noise impacts are
anticipated. The level of activity from open house visitors is similar to that of a party, a book club, Bible
study, or activity that is accessory to the private residence. Staff believes that visual impacts to adjoining
properties due to the operation of visitor vehicles will not be significant due to the infrequency of such
events. The open studio events are expected to be comparable to other uses permitted by -right.
The recommended conditions of approval would limit vehicle trips, hours of operation, and parking areas;
and prohibit outdoor amplified noise. Staff believes these conditions would serve to prevent and mitigate
potential impacts to adjoining properties.
Character of district unchanged. The character of the district will not be changed bV the proposed
special use.
The studio already exists and no additional improvements are proposed. Staff believes that all operations
related to the home occupation would be located in the interior of the property and would not affect the
character of the district.
SP201800010 — Art Studio (Painting)
Planning Commission: September 4, 2018
Page 3
Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter.
Chapter 18, Section 13 of the County Code outlines the purpose of the Residential — R-1 zoning
district as follows:
"This district (hereafter referred to as R-1) is created to establish a plan implementation zone that:
• Recognizes the existence of previously established low density residential districts in
communities and the urban area;
• Provides incentives for clustering of development and provision of locational, environmental
and development amenities; and
• Provides for low density residential development in community areas and the urban area. "
No new development is proposed that would be contrary to the purpose and intent of this chapter.
The proposed special use will be in harmony with the uses permitted by right in the district.
A home occupation that is accessory to a permitted residential use is compatible with the residential and
other by -right uses in the R-1 Residential district. The differences between a Class A (by -right) and Class B
home occupation are summarized in Attachment D.
Administrative review of traffic impacts from a Class A home occupation is largely based on interpretation
of Zoning Ordinance Section 5.2.e by the Zoning Administrator. The relevant requirement is below:
Traffic generated by a home occupation. The traffic generated by a home occupation shall not exceed the
volume that would normally be expected by a dwelling unit in a residential neighborhood.
The standard administrative interpretation for a Class A (by -right) home occupation has been that this
volume is seven (7) vehicle round trips per week, with the option to request a special exception for more
than 7 trips per week. Regular (non -open studio event) traffic expected by this home occupation will be in
line with this interpretation. Further discussion of this interpretation as applied to a Class B home
occupation will be discussed in the following section.
The proposed special use will be in harmony with the regulations provided in section 5 as applicable.
The full analysis of the regulations in Section 5.2 of the Zoning Ordinance can be found in Attachment D.
The traffic requirement is again described below:
Traffic generated by a home occupation. The traffic generated by a home occupation shall not exceed the
volume that would normally be expected by a dwelling unit in a residential neighborhood.
The proposed use anticipates a low volume of regular customer traffic. Although open studio events are
proposed, staff believes that due to their irregularity, expected attendance, and expected duration of the
attendees' visits, an open studio event would be comparable to an open house or an occasional private
gathering normally expected in a residential neighborhood.
Although the traffic volume for an open studio event may be in excess of what would be expected under the
standard interpretation for a Class A home occupation, the volume would be in line with that permitted for a
major home occupation in the Rural Areas zoning district (which allows open house activities by -right), and the
requisite legislative approval for a Class B home occupation would be in line with that necessary to obtain a
special exception for a Class A home occupation.
SP201800010 — Art Studio (Painting)
Planning Commission: September 4, 2018
Page 4
The proposed special use will be in harmony with the public health, safety and general welfare.
The proposed use is not expected to have impacts on traffic, noise, environmental features, or infrastructure.
Staff believes the potential traffic impacts from the open studio events are mitigated by the character and
location of the property. The entrance to the property is located on Old Lynchburg Road, which is a major
collector road of rural character, rather than a residential street. All open studio events will take place within the
studio structure, with no outdoor amplified music. No additional improvements are proposed.
Consistency with the Comprehensive Plan,
Compliance of this proposal relative to the policies and plans contained in the County's Comprehensive Planis
analyzed below:
Chapter 6 (Economic Development) Strategy 3a: Continue to use the 2012 Target Industry Study to guide
decisions for economic development.
Staff Comment: The County recognizes "Arts, Design, and Sports & Media" as a complementary target
industry cluster identified in the Target Industry Study. This proposal would support this industry.
Chapter 6 (Economic Development) Objective 6: Increase local business development opportunities, including
support for entrepreneurial and startup businesses.
Staff Comment: This proposal is a home business operated by a local artist. Approval of the special use
permit would permit a local artist to operate within the County at this scale.
Staff believes that the use is consistent with the goals of the Comprehensive Plan.
SP201800010 — Art Studio (Painting)
Planning Commission: September 4, 2018
Page 5
SUMMARY:
Staff has identified factors which are favorable and unfavorable to this proposal.
Factors favorable to this request include:
1. The use will be conducted entirely indoors, with minimal noise, parking, or visual impacts to adjoining
properties.
2. The use will promote a target industry identified in the Comprehensive Plan.
3. Traffic generated by the use, including open studio events, will be in line with what would normally be
expected by a dwelling unit in a residential neighborhood. Recommended conditions of approval will
prevent activity in excess.
4. Approval of the request would rectify a potential code violation.
Factors unfavorable to this request include:
1. Concerns about visual impacts to adjacent properties have been stated. However, these impacts are
anticipated to be comparable to those that may be allowed in other by -right activities, including the
private residence.
RECOMMENDED ACTION:
Staff recommends approval of SP201800010 Art Studio (Painting), with the following conditions:
1. The home occupation shall be conducted entirely within the studio structure.
2. No outdoor amplified sound shall be permitted in accordance with the home occupation.
3. Visitors shall be permitted by invitation only. The traffic generated by the home occupation shall not
exceed more than seven (7) vehicle round trips per week, with the exception of open studio events.
4. Visitors may be permitted up to six (6) days per week between the hours of 7:00 a.m. and 8:00 p.m.
5. No more than three (3) open studio events shall be allowed per calendar year. An open studio event
may be held between 10:00 a.m. and 8:00 p.m. on a single day.
6. The traffic generated by an open studio event shall not exceed more than thirty-five (35) vehicle round
trips per event. Vehicles shall not be parked along the driveway to the studio shown in the Concept
Plan in Attachment C of the staff report.
MOTIONS:
A. Should the Planning Commission choose to recommend approval of this special use permit:
I move to recommend approval of SP201800010 Art Studio (Painting) with the conditions outlined in the
staff report.
B. Should the Planning Commission choose to recommend denial of this special use permit:
I move to recommend denial of SP201800010 Art Studio (Painting) — (state reasons for denial).
ATTACHMENTS
Attachment A- Vicinity Map
Attachment B- Applicant's Narrative
Attachment C- Concept Plan
Attachment D- Summary & Analysis of Home Occupation Regulations
SP201800010 — Art Studio (Painting)
Planning Commission: September 4, 2018
Page 6
SP201800010 Art Studio (Painting) - Vicinity Map
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Proposal: Art Studio
The art studio is a 24 x 48' building, situated in the back of an 18 acre property on the site of an
old barn. The property is surrounded by the Mosby Mountain subdivision, and the studio is
closest to the lots 90-E 38-42, though only visible in the winter months.
We have a driveway that joins Old Lynchburg Rd., between the first and second Mosby Mountain
entrances and terminates at a 45 x 48' turnaround / parking area at the studio. (attached images
below)
My noise level is very low, nothing louder than would come out of your average household.
(no kilns, welding, blacksmithing etc etc - just painting)
Activities associated with my work are: painting, drawing, stretching canvases, framing works on
paper which includes the use of a staple gun and framing gun (similar noise level to average
staple gun), and the occasional use of a chop saw. (4 or fewer times per year)
All the paints I use are rated "AP", "certified non toxic by the Arts and Creative Materials
Institute".
I work in the studio 9-4 Monday - Friday.
Visitors to the studio are by invitation, it is not open to the public. My visitors might be as many
as 3 on a rare busy week, but the average is about 1 visitor every 2 weeks.
A visitor stays for an average of 20 minutes while we discuss a proposed piece of art, or they are
picking up a piece they have purchased.
I would like to have no more than 3 open studio events in a year (at 4 month intervals).
Most likely it will be only 1/yr.
The events would be held on one or two consecutive days from no earlier than 12pm to no later
than 8pm.
An open studio is by -invitation, indoor, and has no outdoor amplified sound.
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Exterior and Interior views of studio
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Summary & Analysis of Regulations for Home Occupations in Residential Zoning Districts
Class A (By -Right)
Class B (Special Use Permit)
Proposed (SP201800010)
Home occupation may be conducted within the dwelling unit, area used
Not proposed.
Use of Dwelling Unit
may not exceed 25% of gross floor area of the dwelling unit, and
cumulative gross floor area shall not exceed 1500 square feet.
Home occupation may be
The proposed use will be
Use of Accessory Structure
Not permitted.
conducted within accessory
conducted within a 1,152 square
structure.
foot accessory structure.
Limited to one or more family
The sole proprietor resides within
Limited to one or more family
members residing within the
the dwelling unit.
Employees
members residing within the
dwelling unit and up to 2 additional
dwelling unit.
persons not residing within the
dwelling unit.
No change, except one home
No home occupation sign is
occupation sign may be erected
proposed.
pursuant to Section 4.15.
Accessory structures shall be
The studio structure satisfies the
similar in fagade to a structure
requirements for fagade, design,
Exterior Appearance
No change.
normally expected in a residential
and scale, and conforms to the
area, and compatible in design and
zoning district's applicable setback
scale with other development in the
and yard requirements for primary
area in which it is located.
structures.
Accessory structure must comply
with primary structure setback and
yard requirements.
Sales
Limited to goods hand-crafted on -site and goods that are directly related
Sales will be limited to artwork
to a beauty shop or one -chair barber shop home occupation.
hand-crafted on -site, in the studio.
Shall not exceed the volume that would normally be expected by a
The proposed use anticipates a low
dwelling unit in a residential neighborhood. Administrative practice has
volume of regular traffic for
determined this to be 7 vehicle round trips per week for Class A home
customers. Although open studio
Traffic
occupations. Special exceptions have been requested in prior instances to
events are proposed, staff believes
permit open house events for Class A home occupations.
that due to their irregularity,
expected attendance, and
expected duration of the attendees'
SP201800010 — Art Studio (Painting) — Page 1
visits, an open studio event would
be comparable to an open house or
an occasional private gathering
normally expected in a residential
neighborhood.
Parking
All vehicles used in a home occupation and all vehicles of employees,
All vehicles will be parked on -site.
customers, clients, or students shall be parked on -site.
Section 4.14 sets standards for
impacts of uses in industrial
districts, including noise; vibration;
glare; air pollution; water pollution;
Performance Standards
Compliance with performance standards in Section 4.14.
radioactivity; and electrical
interference. A painting studio
utilizing certified non -toxic paints,
and on occasion, framing
equipment is not expected to have
any such impacts.
Before issuance, there shall be a
The zoning administrator would
Before issuance, applicant shall
valid special use permit and VDOT
verify these requirements before
Preconditions to Issuance of
sign an affidavit affirming
approval of entrance, and applicant
issuance of a zoning clearance for
Zoning Clearance
understanding of requirements of
shall sign an affidavit affirming
this home occupation. VDOT has
Section 5.2.
understanding of requirements of
not stated any objections to the
Section 5.2.
existing entrance.
Prohibited Home Occupations
Tourist lodging; assisted living or skilled nursing facilities; nursery schools;
No such uses are proposed.
day care centers; private schools
Notes on Major Home Occupations in the Rural Areas Zoning District:
• Major Home Occupations are permitted by -right after standards and public notice requirements are satisfied.
• Usage of accessory structures is only permitted for a Major Home Occupation.
• Visitors are only permitted for a Major Home Occupation, up to 10 vehicle round trips per day or up to 30 vehicle round trips per week. Open
houses are permitted.
• Major Home Occupations are permitted to operate up to 6 days per week between the hours of 7:00 a.m. and 8:00 p.m.
SP201800010 — Art Studio (Painting) — Page 2