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HomeMy WebLinkAboutSE202100028 Application 2021-09-30=y(ll 11~g' I �Y COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 To: Albemarle County Board of Supervisors From: Lea Brumfield, Senior Planner II Date: September 1, 2021 Re: SE202100028 Homestay Special Exception Buck Mountain TMP: 03100-00-00-00500 Magisterial District: Rio School Districts: Broadus Wood E.S., Jouett M.S., Albemarle H.S. Zoning District: RA Rural Areas Summary of Special Exception: The applicants are requesting two special exceptions for a homestay at 3 Buck Mountain Road. Reduce Required Minimum Yards. Pursuant to County Code § 18-5.1.48(i)(1)(ii), the applicants to are requesting to modify County Code 18-5.1.480)(1)(v) to reduce the required 125-foot setbacks to 15 feet +/- from the southeastern property line and 30 feet +/- from the northwestern property line for a homestay and its accompanying parking. Permit Use of Accessory structure. Pursuant to County Code § 18-5.1.48(i)(1)(i), the applicants are requesting to modify County Code 18-5.1.480)(1)(ii) to permit the use of an accessory structure in association with a homestay on a Rural Areas district parcel of less than five acres. Please see Attachment A for full details of staffs analysis and recommendations. Staff Recommendation: Staff recommends that the Board adopt the attached Resolution (Attachment G) to approve the special exception with the conditions contained therein. Attachments: A. Staff Analysis B. Applicant's Proposed Homestay C. Letter of Support D. County Code § 18-5.1.48 Homestay Zoning Regulations E. Location Map F. Parking and House Location Exhibit G. Resolution Attachment A - Staff Analysis STAFF PERSON: Lea Brumfield, Senior Planner II BOARD OF SUPERVISORS: September 1, 2021 PROJECT: SE202100028 Homestay Special Exception Buck Mountain PROPERTY OWNER: John and Bridget Ridenour LOCATION: 3 Buck Mountain Road TAX MAP PARCEL: 03100-00-00-00500 MAGISTERIAL DISTRICT: Rio APPLICANTS'S PROPOSAL: The applicants are seeking a zoning clearance and two special exceptions for a homestay use within the existing accessory structure. The two requests are to (1) reduce the minimum yard of 125 feet from all property lines for parking and structures used for a Homestay in the Rural Areas (RA) zoning district, and (2) to permit the use of an accessory structure in association with a homestay on a Rural Areas district parcel of less than five acres. (Attachment B). Reduce Required Minimum Yards. For homestay parking and structures on Rural Areas (RA) parcels, County Code § 18-5.1.480)(1)(v) requires a minimum yard of 125' from any abutting lot not under the same ownership. The applicants are requesting to reduce the required 125-foot setbacks to 15 feet +/- from the southeastern property line and 30 feet +/- from the northwestern property line to conduct a homestay in the existing artist's studio. The parking for the homestay use is located directly in front of the studio. The structure and parking comply with required minimum yards from the front and rear property boundaries. 2. Permit Use of Accessory structure. County Code § 18-5.1.480)(1)(ii) requires homestays on Rural Areas (RA) parcels of less than five acres to be conducted within a detached single- family dwelling. The applicants are requesting to conduct a one -bedroom homestay within the existing artist's studio on their property. CHARACTER OF THE PROPERTY AND AREA: The 2.40-acre property is located at 3 Buck Mountain Road, directly across from a C1 Commercial parcel abutting the Earlysville Village Residential zoning district. The nearest house is located 125 feet +/- feet away from the homestay, and the next nearest house is located 140 feet +/- from the homestay. The primary dwelling was completed in 1933, and the accessory structure previously used as an artist's studio was completed in 2011. The homestay use is proposed in the artist's studio. (Attachment F) PLANNING AND ZONING HISTORY: The applicants began a Bed and Breakfast Zoning Clearance application in 2019, prior to the Homestay regulation changes in August of 2019, but the application was never completed, and was voided due to inactivity. The property is currently in compliance with zoning and taxation/licensing regulations. ABUTTING PROPERTY OWNER COMMENTS The notice to abutting property owners was mailed on July 29, 2021. Following that notice, staff received a letter of support from the abutting property owner most impacted by the proposed Homestay (Attachment C). COMPREHENSIVE PLAN: The property is designated as Rural Area in the Comprehensive Plan. This designation includes preservation and protection of agricultural, forestal, open space, and natural, historic, and scenic resources. The Rural Area chapter of the Comprehensive Plan recognizes tourism as a vital part of the County's economy but urges that care be taken with tourist activities so that they do not overwhelm or negatively affect the very resources that make rural Albemarle attractive to residents and tourists. Staff does not believe the homestay use will conflict with these overall goals of the Comprehensive Plan. The homestay is proposed within an existing structure. ANALYSIS OF THE SPECIAL EXCEPTION REQUEST: Special exceptions are subject to County Code § 18-33.5, under which the Board may either approve or deny an application, defer action to allow for changes prior to final action, or refer the application to the Planning Commission. Though the Board is not required to make specific findings in support of its action, County Code §18-5.1.48(i)(2) identifies the following factors for consideration: (1) There is no detriment to any abutting lot; and (a) There is no harm to the public health, safety, or welfare. Staff's opinion is that reducing the setback from the northwestern and southeastern property lines for a homestay use within an existing accessory structure would not cause either (i) detriment to any abutting lot or (ii) harm to the public health, safety, or welfare. As noted in the applicants' request, strong winds recently damaged trees in the vegetative buffer to the southwest of the homestay. While this damage is not visible on County GIS, staff confirmed this damage in person and noted the necessity of replanting the buffer in conversation with the applicants. The applicants noted their intention to replant the buffer, and this additional screening is listed in the recommended conditions of approval, consistent with prior staff recommendations and special exceptions granted to homestays with similar requests. The applicants will be required to meet all other homestay requirements of the County Code, including parking, safety inspections/building code, neighbor notification of emergency contact, and addressing. These requirements, along with conditions of approval, are verified through the zoning clearance process, which would follow special exception approval. RECOMMENDATION: Staff recommends that the Board adopt the attached resolution (Attachment G) to approve a Homestay special exception, subject to the following conditions: 1. Parking for homestay guests is limited to the existing parking areas, as depicted on the House and Parking Location Exhibit dated August 11, 2021. 2. Homestay use is limited to the existing structures, as currently configured and depicted on the House and Parking Location Exhibit dated August 11, 2021. 3. The existing screening, as depicted on the House and Parking Location Exhibit dated August 11, 2021, must be maintained, or equivalent screening that meets the minimum requirements of County Code § 18-32.7.9.7(b)-(e) must be established and maintained. Additional screening must be established directly south of the homestay and homestay parking area as shown on the House and Parking Location Exhibit dated August 11, 2021, and maintained with screening that meets the minimum requirements of County Code § 18-32.7.9.7(b)-(e). ATTACHMENTS A. Staff Analysis B. Applicants' Proposed Homestay C. Letter of Support D. County Code § 18-5.1.48 Homestay Zoning Regulations E. Location Map F. House and Parking Location Exhibit G. Resolution 6.22.21 Ridenour — Application for a Special Exception — Description: We have an existing artist studio/guesthouse at 3 Buck Mountain Rd in Earlysville, VA that we hope to turn into a unique homestay. The location is ideal for visitors who are looking for a peaceful respite in the country but with easy access to both downtown Charlottesville, UVA, the airport, Shenandoah National Park and numerous local amenities. We are looking to start a homestay in order to provide additional income to help pay for home improvement projects on our house and property. In addition, we are currently not able to take full advantage of the guesthouse, and therefore hope to rent the space to provide a unique opportunity for travelers looking for a well -designed space to relax and unwind for a short trip. We are requesting a waiver for the following sections: 1. Use of a an accessory structure for a homestay for residence zoned rural areas less than 5 acres. a. The structure is an existing artist studio/guesthouse built by previous owners. b. The structure has convenient access to the street, convenient parking, and will abide by all requirements for homestays. 2. 125ft setback from parcel boundaries for residence zone rural areas less than 5 acres a. The structure has limited setbacks on two sides but significant screening to the north. A recent storm took out numerous large trees along the south property line which are in the process of being replaced to provide as dense of buffer as possible. Lea Brumfield From: fredInuckstep@comcast.net Sent: Monday, August 9, 2021 10:57 AM To: Lea Brumfield Cc: bridget.ridenour@gmail.com Subject: Exception for a "Homestay" - 3 Buck Mountain Road CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Lea, We have received your letter regarding the Special Exception for a "Homestay' at 3 Buck Mountain Road. As neighbors, my wife and I have no concerns what do ever regarding the request to reduce the setbacks to allow the existing artist studio to be used as a "Homestay. We encourage approval of the special exception for a "Homestay". Please contact me if you should anything else and please acknowledge receipt of this email. Fred & Sandy Huckstep 11 Buck Mountain Road Earlysville, VA 22936 434/806-9036 12/9/2019 Sec. 5.1.48 - Homestays. Albemarle County, VA Code of Ordinances Each homestay is subject to the following regulations: a. Residency. The owner of the parcel on which a homestay is located, must reside on the subject parcel for a minimum of 180 days in a calendar year. b. Notice. The owner of a parcel conducting a homestay use must provide the name, telephone number, and emergency contact information of the owner and other designated responsible agent to abutting parcel owners on an annual basis. The owner must retain and provide a copy of the notice to the Zoning Administrator within five business days upon request. c. Parking. In addition to the parking required for a single-family dwelling, the number of off- street parking spaces required by County Code § 18-4.12.6 must be provided on -site and no alternatives to parking in § 18-4.12.8 may be authorized. d. information and sketch plan to be submitted with request for zoning clearance. The following documents must be submitted to the zoning administrator with each request for a zoning clearance under County Code § 18-31.5: Information. Information pertaining to the following: (i) the proposed use; (ii) the maximum number of guest rooms; (iii) the provision of authorized on -site parking; (iv) the location, height and lumens of outdoor lighting; and (v) two forms of verification of the permanent residency of an owner. Acceptable proof of permanent residence includes: driver's license, voter registration card, U.S. passport, or other document(s) that the zoning administrator determines provide equivalent proof of permanent residence at the subject parcel. 2. Sketch plan. A schematic drawing of the premises with notes in a form and of a scale approved by the zoning administrator depicting: (i) all structures that would be used for the homestay; (ii) the locations of all guest rooms; and (iii) how access, on -site parking, outdoor lighting, signage and minimum yards will be provided in compliance with this chapter. 3. Signatures. The responsible agent and the owner of the parcel must sign the application. e. Building code, fire and health approvals. Before the zoning administrator approves a zoning clearance under County Code § 18-31.5, the owner of the parcel must obtain approval of the use from the building official, the fire official, and the Virginia Department of Health. f. Uses prohibited. The following uses are not permitted as uses accessory to a homestay use: (i) restaurants; and (ii) special events serving attendees other than homestay guests. g. Responsible agent. Each applicant for a homestay must designate a responsible agent to promptly address complaints regarding the homestay use. The responsible agent must be available within 30 miles of the homestay at all times during a homestay use. The responsible 1/3 12/9/2019 Albemarle County, VA Code of Ordinances agent must respond and attempt in good faith to resolve any complaint(s) within 60 minutes of being contacted. The responsible agent may initially respond to a complaint by requesting homestay guest(s) to take such action as is required to resolve the complaint. The responsible agent also may be required to visit the homestay if necessary to resolve the complaint. h. Lawfully pre-existing uses. Any bed and breakfast or tourist lodging use approved prior to August 7, 2019 may continue, subject to conditions of the prior approval(s). i. special exception. (1) Waiver or modification of this section is prohibited except to permit: (i) More than two guest rooms and/or the use of an accessory structure in association with a homestay on parcels in the Residential or Planned Development districts, or Rural Areas district parcels of less than five acres; (ii) Reduction in minimum applicable yards for a structure or parking used in whole or in part for a homestay. (iii) The use of an accessory structure built after August 7, 2019. (iv) Resident Manager occupancy instead of owner occupancy as required by 5.1.486) (1)(iv). (2) Special exceptions maybe granted after notice to abutting property owners upon consideration of the following: (i) There is no detriment to any abutting lot; and (ii) There is no harm to the public health, safety, or welfare. j. Parcel -based regulations. (1) Each homestay located on (a) a parcel of less than five acres in the Rural Areas Zoning District or (b) a parcel of any size that allows residential use in the Residential Zoning Districts or Planned Development Zoning Districts is subject to the following regulations: (i) Number of homestay uses. Any parcel may have only one homestay use. An accessory apartment may not qualify as a dwelling unit for a homestay use. (ii) Dwelling types. Homestay uses may only be conducted in a detached single-family dwelling. (iii) Number ofguest rooms. A maximum of two guest rooms maybe permitted with each homestay use. (iv) Owner occupancy. The owner of a parcel with a homestay use must reside on and be present at the subject parcel during the homestay use. (v) Minimum yards. 1) In the Residential or Planned Development districts, the minimum applicable front, side, and rear yard requirements for primary structures 2/3 12/9/2019 Albemarle County, VA Code of Ordinances apply to all structures used for homestays; 2) In the Rural Areas district, the minimum front, side, and rear yard shall be 125 feet from any abutting lot not under the same ownership as the homestay, for parking and for structures used in whole or in part to serve a homestay. (2) Each homestay located on a parcel of five acres or more in the Rural Areas district is subject to the following regulations: (i) Number of homestay uses. Any parcel may have up to two homestay uses, provided all other applicable requirements are met. (ii) Accessory structures. Homestay uses maybe conducted in accessory structures built on or before August 7, 2019. (iii) Number ofguest rooms. A maximum of five guest rooms maybe permitted with each homestay use. (iv) Required development rights, density and limitation. Each single-family dwelling to which a homestay use is accessory must comply with the following regulations: (a) on any parcel less than 21 acres in size, the single family dwelling shall be authorized by a development right as provided in County Code § 18-10.3; (b) on any parcel, regardless of size, the single family dwelling shall comply with the permitted density; and (c) no single family dwelling may have more than one accessory homestay use. (v) Minimum yards. The minimum front, side, and rear yard for parking and for structures used in whole or in part to serve a homestay shall be 125 feet from any abutting lot not under the same ownership as the homestay use. (vi) Owner occupancy. The owner of a parcel conducting a homestay use must reside on and be present at the subject property during the homestay use except during approved whole house rentals. (vii) Owner occupancy during whole house rental. The owner of a parcel conducting a homestay use that is approved for whole house rental may be absent during the rental period for up to seven days in any calendar month and up to 45 days in any calendar year. The owner shall maintain a log of all homestay uses including the date of each rental for which the owner is absent. This log shall be provided within five business days to the Zoning Administrator upon request. ( Ord. 12-18(3), 6-6-12; Ord, 19-18(6), 8-7-19) 3/3 My retemAnallon of topography or tumours, or any eeplmon m physical Improvements, pmperly lines or Mundares La Mr general Imonnallon only and snail not ce used! Mr Me design, mMlficallon, or commends m Improvements to real proceM or for noM plain determinabon. 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