HomeMy WebLinkAboutSP200500008 Legacy Document 2006-08-09COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY
Project Name: SP2005-08 Tortilleria y Panderia
Staff. Amy Ransom Arnold
la Michoacana
Planning Commission Public Hearing:
Board of Supervisors 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
Existing Zoning and By -right use: Village
Magisterial District: Samuel Miller Magisterial
Residential/EC: residential uses, guest cottage
District
rental; electric, gas, oil, 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 use of
Comprehensive Plan Designation: RA -- Rural
an existing 18'x20' shed for a kitchen to support a
Areas: agricultural, forestal, and fishery uses;
catering business. (Attachment A.) The applicant
residential density (0.5 unit/acre)
currently has a Home Occupation Class A
(H02004-140).
Character of Property: The property includes a
Use of Surrounding Properties: The surrounding
single family residence; the remainder of the site is
properties are single family residences.
steep and primarily wooded.
Factors Favorable:
Factor Unfavorable:
1. Supports the economy of the County provided by
Negative impacts expressed by the neighbor to
low impact, small businesses.
the south due to the location of the shed and
2. The shed/kitchen is of similar scale and type as
aromas from cooking.
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: Request for a special use permit to allow a Home Occupation Class B for a Catering business in accordance
with Section 10.2.2.31 of the Zoning Ordinance, which allows for Home Occupations Class B. The property is described
as Tax Map 99, Parcel 27AI, 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 of particular 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; '
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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 any work-
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 plant and maintain a 100' long continuous buffer adjacent to the southern parcel boundary. The
buffer shall begin 15' from the existing cluster of large deciduous trees located at the intersection of parcels 27A1,
27A2, and Route 29 South. The plants comprising the buffer shall be evergreen trees or large shrubs (6' tall minimum
upon planting; 8' minimum mature height); mixed species or a monoculture. The trees/shrubs shall be planted a
minimum of 8' on center for the continuous 100' length. Suggested species include: Juniperus virginiana (Virginia red
cedar) and Ilex opaca (American holly). The approximate location of the buffer is indicated on the concept plan
(Attachment A.).
8. No commercial delivery of food products or related business products shall be made to the site.
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9. There shall be no on site sales of food products.
ATTACHMENTS
Attachment A — `Gaona Home Occupation'; site topographic drawing, site parcels, and site aerials
Attachment B — Site photographs