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HomeMy WebLinkAboutSP200500008 Legacy Document 2006-05-11COUNTY OF ALBEMARLE EXECUTIVE SUMMARY Project Name: SP2005-08 Tortilleria y Panderia Staff: Amy Ransom Arnold la Michoacana Planning Commission (Worksession) Board of Supervisors Public Hearing: (Public Hearing: June 20, 2006 July 12, 2006 Owners: Jose and Elpidia Gaona Applicant: Jose and Elpidia Gaona Acreage: Approx. 2.007 acres Special Use Permit for: Sections 31.2.4.1, 10.2.2.31, 5.2 allow for special considerations for the operation of a Home Occupation, Class B under Special Use Permits in the Rural Areas. TMP: TM 99 Parcel 27A1 Proffers/Conditions: yes Location: 3808 Monacan Trail By -right use: Agricultural, forestal, and fishery; Magisterial District: Samuel Miller Magisterial Residential, Game preserves; Wayside stands; District Electric, gas, oil, and communication facilities; Accessory uses including home occupation class A, temporary construction uses; public uses, etc. Requested # of Dwelling Units: n/a DA RA X Proposal: Home Occupation Class B for the Comprehensive Plan Designation: RA -- construction of an 18'x20' shed for a kitchen to Rural Areas: agricultural, forestal, and fishery support a catering business. (Attachment A.) The uses; residential density (0.5 unit/acre) applicant currently has a Home Occupation Class A (H02004-140). Character of Property: The property includes a Use of Surrounding Properties: The single family residence; the remainder of the site is surrounding properties are single family residences. steep and primarily wooded. Factors Favorable: Factors Unfavorable 1. Supports the economy of the County provided 1. Negative impacts expressed by the neighbor by low impact, small businesses. to the south due to the location of the shed 2. The shed/kitchen is of similar scale and type and aromas from cooking. as other buildings in the near -by context. 3. The proposed use does not increase traffic on near -by roads, nor does it constitute activity of a scale and intensity that is inconsistent with the character of the Rural Areas. 4. This proposal does not impact the wooded portion of the Gaona property, which represents a majority of the parcel. RECOMMENDATION: Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2005-08 Gaona Home Occupation with conditions. STAFF PERSON: Amy Ransom Arnold PLANNING COMMISSION: June 20, 2006 BOARD OF SUPERVISORS: July 12, 2006 SP 2005-08 Tortilleriay Panderia la Michoacana Applicant's Proposal: The applicant has requested a Special Use Permit for a Home Occupation Class B, proposing the construction of one shed for a kitchen to support a catering business. The shed is located adjacent to the house on the south side, and constructed on a concrete pad. (Attachment A.) The finished shed measures 18' x 20'. The applicant currently has a Home Occupation Class A (H02004-140) that was approved on March 25, 2004. Petition: The petition is for approval of a special use permit, in accordance with Sections 31.2.4.1, 10.2.2.3 1, and 5.2 of the Zoning Ordinance, to allow a Home Occupation Class B (catering business) in a Rural Areas zoning district. The property is described as Tax Map 99, Parcel 27A I, contains 2.007 acres, and is zoned VR, Village Residential and EC Entrance Corridor Overlay. The proposal is located at 3808 Monacan Trail (Route 29), south of the intersection of Monacan Trail and Plank Road (Route 712/Route 692), in the Samuel Miller District. The Comprehensive Plan designates this property Rural Area. Character of the Area: The immediate context is comprised of mature, mixed deciduous / evergreen woodland with scattered residences. The site is located on the west side of Route 29 south, just beyond the intersection of Route 29 and Plank Road at North Garden. Planning and Zoning History: Mr. and Mrs. Gaona currently have a Home Occupation, Class A, (HO 2004-140) for a catering business. The Gaonas prepare food that is delivered and sold at construction sites, local soccer games, and, for the past three years the Albemarle County Fair. In response to demand for their food, the Gaonas constructed a shed to contain a larger kitchen dedicated solely to the Home Occupation. A complaint was filed about the construction and the Gaonas were found in violation for constructing the shed without a Special Use Permit, the proper building permits, or required inspections. The violation was abated when the Gaonas applied for a Special Use Permit in February of 2005. Due to multiple complications with their well, septic system, and Health Department requirements for the kitchen, the Gaona's application for a Special Use Permit was indefinitely deferred on March 24, 2005. Since that time, the Gaonas have worked with the Health Department to comply with required standards by digging a new well, establishing an adequate septic system, and establishing an appropriate kitchen configuration. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. 31.2.4.1: Special Use Permits provided for 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, The neighbor immediately adjacent to the southern boundary of the property has expressed concerns about the location of the shed in relation to their property and about aromas resulting from cooking. The applicant has agreed to ease the concerns of their neighbor by planting a 100' long buffer of evergreen trees or tall shrubs, 6' tall on planting, along the boundary between the two properties. The proposed location of this planted buffer is included in the concept plan. (Attachment A.) The proposed buffer will not reduce cooking aromas, but will reduce visibility of activities resulting from the Home Occupation. K that the character of the district will not be changed thereby and While the establishment of a home occupation supports the economy of the County provided by low impact, small businesses, the scale and invisibility of home occupations is critical to maintaining the character of the Rural Areas. The proposed out -building will be visible from both the adjacent public travelways and near -by property, but is not out of character with the surrounding context. There are two panel trucks and a mobile trailer parked on the site. One of the panel trucks and the trailer are used to transport food from the Gaona residence to construction sites where food is vended. The proposed use does not increase traffic on near -by roads, nor does it constitute activity of a scale and intensity that is inconsistent with the character of the Rural Areas. The applicant has indicated that employees do not report to this property for work assignments, equipment, or materials. The Gaona family will continue to serve as the sole employees of the business. Staff feels that the overall intensity of use on this parcel will not increase to a degree with this home occupation that would impact the character of the surrounding district. that such use will be in harmony with the purpose and intent of this ordinance, One purpose of the Rural Areas District (Section 10 of the Zoning Ordinance) is "Conservation of natural, scenic, and historic resources." The majority of the approximately 2 acre site is wooded, includes critical slopes, and is part of a larger wooded area that spans several neighboring parcels. (Attachment A.) While the proposed use does not directly contribute to the purpose and intent of the Rural Area ordinance, it is staff's opinion that the low intensity of the use is not contrary to the purpose and intent. In particular, this proposal does not impact the wooded portion of the Gaona property. with uses permitted by right in the district, This parcel and the adjacent properties are zoned Rural Areas and Village Residential. Staff opinion is that the addition of a kitchen/shed to the Gaona property would not affect and may compliment some of the uses permitted by right in the district, particularly the Gaona's participation as a vendor at the Albemarle County Fair over the past few years. This participation helps support the rural tradition of agricultural fairs. with the additional regulations provided in section 5.0 of this ordinance, Section 5.2 of the Ordinance applies to Home Occupation, Class B. The following sections are ofparticular relevance to this proposal: 5.2.2.1.a. `Such occupation maybe conducted either within the dwelling or an accessory structure, or both, provided that not more than twenty five percent of the floor area of the dwelling shall be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed on thousand five hundred square feet; provided that the use of accessory structures shall be permitted only in connection with home occupation, Class B.;' 5.2.2.1. b. Accessory structures shall be similar in facade to a single family dwelling, private garage, shed, barn, or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which located.' 5.2.2.1. d. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct ofsuch home occupation shall be met off the street; ' 3 The accessory structure proposed by the applicant is a 18' by 20' shed, located on immediately adjacent to the south side of the Gaona residence. The shed is constructed of sheet metal and is of similar scale and type as other buildings in the Rural Areas. The proposed use does not increase traffic on near -by roads, nor does it constitute activity of a scale and intensity that is inconsistent with the character of the Rural Areas. It is the opinion of staff that the proposed home occupation is in keeping with the additional regulations provided in section 5.0 of this ordinance. and with the public health, safety and general welfare. The Virginia Department of Transportation has determined that the existing sight lines at the vehicular entrance to the Gaona property are adequate. VDOT has recommended, however, that the Gaonas provide entrance conditions that meet VDOT Minimum Standards for Entrances to Private Street. The applicant has agreed to comply with this recommendation. The Gaonas have worked with the Virginia State Health Department to comply with well, septic, and commercial kitchen standards. Eric Meyer of the Health Department has confirmed the compliance of the building and systems infrastructure with these standards. SUMMARY: Staff has identified the following factors favorable to this application: 1. Supports the economy of the County provided by low impact, small businesses. 2. The shed/kitchen is of similar scale and type as other buildings in the Rural Areas. 3. The proposed use does not increase traffic on near -by roads, nor does it constitute activity of a scale and intensity that is inconsistent with the character of the Rural Areas. 4. This proposal does not include impacting the wooded portion of the Gaona property, which represents a majority ofthe parcel Staff has identified the following factor unfavorable to this application: the negative impact expressed by the neighbor to the south due to the location of the shed and aromas from cooking. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2005 -08 Gaona Home Occupation with the following conditions: 1. Special Use Permit 2005-08 shall be developed in general accord with the concept plan, titled `Gaona Home Occupation' (Attachment A.) and dated June 8, 2006. However, the Zoning Administrator may approve revisions to the concept plan to allow compliance with the Zoning Ordinance. 2. The proposed shed shall be constructed no larger than 18' x 20'. 3. The entrance from Route 29 South shall meet VDOT Minimum Standards for Entrances to Private Street requirements. 4. No more than two employees other than persons living on the property are permitted to come to this site for anywork- related purpose. 5. The hours of operation of this home occupation shall be limited to 8:00 am until 6:00 pm. 6. Vehicles parked on site associated with this home occupation shall be limited to one panel truck and one trailer. 7. The applicant shall provide and maintain a 100' planted buffer (located as indicated on the concept plan) of evergreen trees or large shrubs (8' minimum mature height, 6' tall minimum on planting) planted a minimum of 8' on center. Suggested species include: Juniperus virginiana (Virginia red cedar) and Ilex opaca (American holly). ATTACHMENTS Attachment A — `Gaona Home Occupation'; site topographic drawing, site parcels, and site aerials Attachment B — Site photographs 11