HomeMy WebLinkAboutSP200500004 Legacy Document 2005-08-16 (3)STAFF PERSON: Rebecca Ragsdale
PLANNING COMMISSION: June 28, 2005
BOARD OF SUPERVISORS: August 3, 2005
SP 2005-0004 FINAL TOUCH TREE SERVICE
Applicant's Proposal: The applicant is requesting approval of a special use permit for a
Home Occupation, Class B to allow a home office for the Final Touch Tree Service
business. The home office would be located in an accessory building detached from the
residence on the property. There would be no employees, other than members of the
household, or customers visiting the site. This request is for the home office use only and
all other aspects of the tree service business, including storage and maintenance of
equipment, are at another location.
Petition: Request for a special use permit for a Home Occupation Class B for an office
use to support a tree trimming business, in accordance with Section 10.2.2.31 of the
Zoning Ordinance which allows for Home Occupations Class B in the RA (Rural Areas)
by special use permit. The subject parcel, described as Tax Map 7, Parcel 30, contains
approximately 5 acres and is located at 2985 Shiffletts Mill Road (Route 687),
approximately 1 mile west of its intersection with Free Union Road (Route 601). The
property lies within the White Hall Magisterial District, is zoned RA (Rural Areas) and is in
the area designated as Rural Areas 1 by the Comprehensive Plan.
Character of the Area: The area immediately surrounding the site is rural with the rear of
the property wooded. There are other residences along Shifflett's Mill Road, the closest
one being adjacent to the east of the applicant's property, over 200 feet away . The Free
Union Agricultural and Forestal District is located about half a mile to the west of the
property and Buck Mountain Creek runs parallel to Shifflett's Mill Road across from the
applicant's property.
Site History: There is no history of previous planning or zoning applications on this
property. The residence on the property was constructed in 1932, with several additions
since 1996.
Comprehensive Plan: The Comprehensive Plan identifies this site and surrounding
areas as being located in the Rural Areas. The Rural Areas Plan of the Comprehensive
Plan offers guidance to how home occupations should be reviewed in the Rural Areas.
Specifically, the plan indicates home occupations should be limited to a scale and
intensity that will not diminish the character or quality of life in the Rural Areas, encourage
suburban development patterns or density, or significantly impact natural or cultural
resources. This office request is of a scale and intensity that would not be counter to this
Rural Area policy. This special use permit is an example of a home occupation that would
be appropriate to allow by -right to meet the comprehensive plan strategy in the RA Plan
(page 26-27): Revise the definitions and standards relating to home occupations to
streamline approvals for low -impact uses (preferably by right), require special use
permits for uses with higher impacts, and clarify which uses will not be permitted as home
occupations.
SP 2005-0004
Final Touch Tree Service
June 21, 2005
Staff Comment: Staff will address each provision of Section 31.2.4.1 of the Zoning
Ordinance:
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 may be issued upon a finding by the Board of Supervisors that such use
will not be of substantial detriment to adjacent property.
No detrimental impacts to adjoining properties have been identified.
that the character of the district will not be changed thereby,
This home occupation would not result in any increased levels of activity on the site that
would be inconsistent with the character of the area. The office use is conducted by a
resident of the property and there are no employees or customers visiting the site or
equipment storage.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staff has reviewed the purpose and intent as contained in Chapter18, Sections 1.4, 1.5,
and 1.6 of the Albemarle Zoning Ordinance. In the opinion of staff, the proposed use
would not conflict with the purpose and intent as described in the Zoning Ordinance.
with the uses permitted by right in the district,
This use would not prevent by -right use of the adjacent properties.
and with the public health, safety and general welfare.
The public health, safety, and general welfare of the community are protected through the
special use permit process, which assures that uses approved by special use permit are
appropriate in the location requested. VDOT has provided the following comment on this
special use permit:
Entrance needs to be upgraded to private street entrance standard as shown in the
Minimum Standards for Entrances to State Highways to accommodate the use;
Sight distance is minimal and can be met by removal/cutting of the vegetation.
VDOT has indicated, after further information was provided after these review comments
were received, that if traffic is limited to residential only and that this is conditioned and
monitored by the special use permit, then the requirements of the first bullet would not be
necessary. The site distance at the entrance is a safety concern for any user of the
property and VDOT has indicated this condition can be improved by removing the
vegetation at the entrance. (Attachment E) The required site distance for the residence is
250 feet but with the obstruction it is approximately 50-75 feet. Route 687/Shifflett's Mill
Road had around 50 vehicle trips per day when last counted in 2003. Staff has
recommended a condition of approval for the applicant to address the sight distance
satisfactory to VDOT, given safety concerns.
with additional regulations provided in Section 5.0 of this ordinance,
SP 2005-0004 2
Final Touch Tree Service
June 21, 2005
Home occupation permits are governed by Section 5.2.2 of the Zoning Ordinance
(Attachment C). The applicant has not requested any modifications to the provisions of
this section of the Zoning Ordinance. The requirements are either met or are not
applicable to the limited use proposed as a home occupation. Regarding Section
5.2.2.1.a, because an accessory structure is used for the office use the use is considered
a Home Occupation Class B that requires approval of a special use permit. The
accessory structure is approximately 240 square feet in size, currently the upstairs of the
building is the only portion used for the office. This is less than 25 percent of the 1649
square feet floor area of the dwelling, which would be approximately 412 square feet.
The accessory building is in compliance with Section 5.2.2.b as the accessory structure is
compatible with the residence and surrounding barns on the property. The accessory
building is painted in the same color scheme, including matching roof, as the residence.
(Attachment D)
Summary:
Staff has identified the following factors favorable to this application:
1. There would be no additional traffic generated from this proposal.
2. There would be no noise or lighting impacts on surrounding neighbors.
Staff has not found any factors that are unfavorable to this request.
Staff Recommendation:
Based on the findings contained in this staff report, staff recommends approval of SP
2005-004, subject to the following conditions:
1. Structures used for this home occupation shall not exceed 400 square feet in size
and shall be limited to the building labeled "Util Bldg" on the physical survey plat
of the property dated July 17, 1996. (Attachment B)
2. No tree service equipment or materials shall be stored on the property.
3. No customers of the tree service business shall visit the site.
4. Prior to the issuance of a Zoning Clearance for the home occupation class B, the
applicant shall provide sight distance at the entrance/exit to the property onto
Shifflett's Mill Road (Route 687) to the satisfaction of the Virginia Department of
Transportation.
Attachments:
A. Application
B. Physical Survey Plat, dated July 17, 1996, prepared by Kirk Hughes and
Associates
C. Section 5.2.2 of the Zoning Ordinance
D. Photos of accessory building, residence, and view from Shifflett's Mill Road
E. Photo of entrance to property/vegetation
SP 2005-0004 3
Final Touch Tree Service
June 21, 2005