HomeMy WebLinkAboutSP200500007 Legacy Document 2005-07-27Staff Contact: Scott Clark
Planning Commission: June 14, 2005
SP 2005-00007 The Garden Barn
SDP 2005-00042 The Garden Barn (HIeinmichel)
Applicant's Proposal: The applicant is proposing to start a farm sales operation on a 30 -acre
parcel in the Rural Areas, selling agricultural and horticultural products (trees, flowers, other
plants, fruits, vegetables, poultry, etc.). The sales area would be located in an existing shed with a
small attached greenhouse.
Petition: The applicant is requesting a special use permit to allow farm sales in accordance with
Section 10.2.2(45) of the Zoning Ordinance, which allows for farm sales. The property, described
as Tax Map 21 Parcel 5131, contains 30.754 acres (of which 3 acres are included in this request)
and is zoned RA, Rural Areas. The proposal is located at 5625 Spring Hill Road (Route 606),
approximately 1,500 feet west of its intersection with Seminole Trail (Route 29) in the White Hall
Magisterial District.
Character of the Area: The area includes a mix of large farm and forest parcels and small
residential parcels. US 29 is located just to the east. This parcel and two adjacent parcels are
under conservation easements held by the Virginia Outdoors Foundation. VOF is aware of this
application and has not objected.
Planning and Zoning History: This property has no previous special use permits, and no other
planning or zoning history.
Comprehensive Plan: The Comprehensive Plan designates this property as Rural Area.
Recommendation: Staff recommends approval of SP 2005-00007 and SDP 2005-00042 with
conditions.
STAFF COMMENT (Special Use Permit)
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance below:
The Board of Supervisors hereby reserves unto itself the right to issue all special use permits
permitted hereunder. Special use permits for uses as provided in this ordinance maybe issued
upon a finding by the Board of Supervisors that such use will not be of substantial detriment to
adjacent property,
Farm sales operations are a typical land use in the Rural Areas, and this use is not
expected to be a detriment to adjacent properties. The applicant has stated that this will be
a seasonal business operating during daylight hours.
that the character of the district will not be changed thereby,
This is a rural use that is in keeping with the character of the district.
and that such use will be in harmony with the purpose and intent of this ordinance,
A purpose of the Zoning Ordinance is to "to provide for the preservation of agricultural
and forestal lands and other lands of significance for the protection of the natural
environment." One of the purposes of the Rural Areas zoning district is the
"[p]reservation of agricultural and forestal lands and activities;" this use helps to achieve
these purposes.
with the uses permitted by right in the district,
This agricultural use is in harmony with by -right uses in the Rural Areas district and is
supportive of agriculture.
with additional regulations provided in Section 5.0 of this ordinance,
5.1.35 FARM SALES
a. One (1) farm sales structure may be established per farm. In addition to displays and
sales of agricultural or horticultural produce or merchandise which is produced on the
farm, it may include companion items not produced on the premises, but intended to be
used with the agricultural or horticultural produce which is produced on the farm. The
farm sales structure shall not be established until the agricultural or horticultural
produce growing area has been established and is in production. Such growing area
shall be reestablished on an annual basis.
The applicant is aware of these requirements, and has not requested any waivers. The
applicant plans to produce trees, plants, vegetables, fowl, and other agriculture products.
b. The total retail sales area in the farm sales structure shall not exceed fifteen hundred
(1, 500) square feet. Greenhouses shall not be counted as part of the total retail sales
area, unless one is designated as the farm sales structure. At all times, at least fifty (50)
percent of the retail sales area inside the farm sales structure shall be agricultural or
horticultural produce or merchandise produced on the premises. The remaining fifty (50)
percent area may be companion items. Displays outside the farm sales structure shall be
limited to agricultural and horticultural produce only.
The retail sales are for this use would be 1,397 square feet. The applicant is aware of the
restrictions regarding companion items and outdoor display.
c. A preliminary schematic plan in accordance with section 32.4.1 shall be submitted
along with, and become apart of, the special use permit application. The plan shall
include the area of the farm sales structure, parking and entrance. The plan shall
address, in particular, provisions for safe and convenient access from and to the public
road, adequacy of delineation ofparking, and general information regarding the exterior
appearance of the proposed site. Based on the submitted information, the board of
supervisors may then waive the requirement for a site development plan in a particular
case, upon a finding that the requirement of a site development plan would not forward
the purposes of this ordinance or otherwise serve the public interest. No such use shall be
established without Virginia Department of Transportation approval of commercial
access to the site.
The applicant has submitted a preliminary schematic plan (the "Garden Barn Application
Plan SP -2005-7," prepared by Gabriele Kleinmichel, and dated 3/29/05; see Attachment
B), which has been reviewed and found sufficient by staff. Community Development
staff have found that a waiver of the site plan requirement is appropriate.
d. The farm sales structure and parking area shall not be located closer than fifty (50)
feet to any adjoining property not under the same ownership. The farm sales structure
shall meet front yard setbacks for a primary structure. The parking area shall not be
located closer than ten (10) feet to any public or private street right-of-way.
The sales and parking areas meet these requirements.
e. Farm machinery and equipment (except hand tools), building materials, furniture or
other like items, shall not be offered for sale.
The applicant is aware of these restrictions.
f. All farm sales structures shall meet all applicable requirements of the Virginia Uniform
Statewide Building Code. (Added 10-11-95)
The Building Official has stated that the structure meets building code requirements for
this use.
and with the public health, safety and general welfare.
VDOT has stated that entrance improvements will be necessary. The entrance will need
to be built as "a 24' private road connection with 25' radii.," and tree cutting or trimming
along the road frontage of the applicant's property will be necessary to provide adequate
sight distance.
STAFF COMMENT (Site Plan Waiver)
The Zoning Ordinance addresses the need for a site plan in Section 32.2.1 which states:
32.2.1 A site plan shall be required for any construction, use, change in use or other development
in all zoning districts; provided that no site plan shall be required for the following:
a. The construction or location of any single-family detached dwelling which is located
upon a lot whereon are located or proposed to be located an aggregate of two (2) or
fewer dwellings.
b. The construction or location of a two-family dwelling on any lot not occupied by any
other dwellings.
c. Any accessory structure to a single-family detached or two-family dwelling.
d. Any agricultural activity except as otherwise provided in section 5.0.
e. Any change in or expansion of a use provided that: (1) such change or expansion does
not occasion additional parking under the requirements of this chapter; (2) no
additional ingress/egress or alteration of existing ingress/egress is recommended by
the Virginia Department of Transportation based on intensification of use; (3) no
additional ingress/egress or alteration of existing ingress/ egress is proposed. (32.2.1,
1980)
This project requires a site plan due to the proposed changes to the entrance only. Parking
requirements have been addressed on the preliminary schematic plan to the satisfaction of the
Zoning and Current Development division. If no changes to the entrance were proposed or
required, this project would not require a site plan.
The Zoning Ordinance permits the waiving of the site plan requirement in Section 32.2.2 which
states:
32.2.2 The foregoing notwithstanding, after notice in accordance with section 32.4.2.5,
the commission may waive the drawing of a site plan in a particular case upon a finding
that the requirement of such plan would not forward the purposes of this chapter or
otherwise serve the public interest; provided that no such waiver shall be made until the
commission has considered the recommendation of the agent. The agent may recommend
approval, approval with conditions, or denial of such waiver. In the case of conditional
approval, the agent in his recommendation shall state the relationship of the
recommended condition to the provisions of this section. No condition shall be imposed
which could not be imposed through the application of the regulations of section 32.0.
(32.2.2, 1980; Amended 5-1-87)
Staff has analyzed this application and is recommending approval of a waiver of the drawing of a
site plan, with conditions. The method staff used to reach this recommendation is included
below.
The submittal of a site plan meeting all of the criteria of Sections 32.5.6 (Preliminary Site Plan
Content) and 32.6.6 (Final Site Plan Content) would not in the opinion of staff forward the
purposes of this chapter or otherwise serve the public interest. The submittal of a plan will
provide substantially more information than currently provided. However, the proposed level of
development is limited and the plan provided by the applicant for review with the special use
permit has allowed staff to analyze the impact on this project on adjacent properties. The
applicant will have to obtain a permit from the Virginia Department of Transportation for the
improvement of the entrance. This permitting process by VDOT will insure that the entrance is
properly designed and installed. The scale of this project is limited and the VDOT permitting
process will allow adequate protection of the public interest.
SUMMARY
This is small-scale use that is in accord with the County's goals for the rural areas. Public safety
concerns can be addressed sufficiently through the conditions of approval.
RECOMMENDED ACTION
Staff recommends approval of SP 2005-00007 with the following conditions:
1. The site shall be developed, and the farms sales use conducted, in general accord with the
preliminary schematic plan entitled "Garden Barn Application Plan SP -2005-7," prepared
by Gabriele Kleinmichel, and dated 3/29/05.
2. The applicant shall make the entrance improvements specified in a letter from VDOT
Assistant Resident Engineer Charles C. Proctor III dated 3/29/05.
Staff recommends approval of the site plan waiver, SDP 2005-00042, with the following
conditions:
1. The farms sales use shall not begin operation until the improvements described in a letter
from VDOT Assistant Resident Engineer Charles C. Proctor III dated 3/29/05 are
completed.
ATTACHMENTS
A. Location Map
B. Preliminary Schematic Plan for SP 2005-00007
C. Letter from VDOT regarding entrance improvements