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Home My WebLink AboutSP200800021 Legacy Document 2008-08-08COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP2008-00021 Co -Construct, Staff: Judith C. Wiegand, AICP Home Occupation, Class B Planning Commission Public Hearing: Board of Supervisors Public Hearing: August 12, 20008 Not yet scheduled Owners: Donald E. & Louise J. Wyatt Applicant: Donald E. Wyatt Acreage: 0.142 acre. Special Use Permit: A home occupation, Class B, to permit no more than two employees. Sections 19.3.2 and 32.2.4.1 of the zoning ordinance apply to this proposal. TMP: TM 55D, Parcel 49 Existing Zoning and By -right use: PRD Location: 1814 Clay Drive, Crozet, VA 22932, in Planned Residential District — residential (3 the Waylands Grant subdivision, off of Jarman's — 34 units/acre) with limited commercial Gap Road (Rt. 691), approx. 700 ft from the uses. intersection of Crozet Ave (Rt. 810). (See Attachment A) Magisterial District: White Hall Conditions: Yes Proposal: Donald Wyatt has an internet-based Requested # of Dwelling Units: NA subscription project management software business for which he would like to add two (2) employees in his home. DA (Development Area): X Comprehensive Plan Designation: RA (Rural Area): Crozet Master Plan Neighborhood Edge CT3 - predominantly residential uses (net 3.5 -4.5 units per acre, 6.5 units per acre if accessory apartments added for 50% of the residential stock) . Character of Property: The parcel subject to the Use of Surrounding Properties: The Special Use Permit includes one-half of a duplex subject property is surrounded on three townhouse. Employee parking is provided in the sides by other residences within the driveway in front of the home. Wayland's Grant subdivision. On the fourth side, the property backs up to property owned by The Arc of the Piedmont. Factors Favorable: Factors Unfavorable: 1. This home occupation provides a useful There are no unfavorable factors. service to home builders and remodelers. 2. Allowing the owner to have up to two (2) employees will offer employment to two people. 3. There will be no impacts on surrounding properties. RECOMMENDATION: Staff recommends approval with conditions. STAFF PERSON: JUDITH C. WIEGAND, AICP PLANNING COMMISSION: AUGUST 12, 2008 BOARD OF SUPERVISORS: Not scheduled SP 2008-021 Co -Construct Home Occupation, Class B PETITION SP -2008-21 Co -Construct PROPOSED: Home Occupation, Class B to allow up to 2 employees associated with a intemet-based home business ZONING CATEGORY/GENERAL USAGE: PRD, Planned Residential District, with Proffers: residential (3 - 34 units/acre) with limited commercial uses. SECTION: 19.3.2 Home Occupations, Class B. COMPREHENSIVE PLAN LAND USE/DENSITY: Crozet Master Plan Neighborhood Edge CT3 - predominantly residential uses (net 3.5 -4.5 units per acre, 6.5 units per acre if accessory apartments added for 50% of the residential stock) in Neighborhood 7. ENTRANCE CORRIDOR: No. LOCATION: 1814 Clay Drive, Crozet, VA 22932, in the Waylands Grant subdivision, off of Jarman's Gap Road (RT 691), approx. 700 ft from the intersection of Crozet Ave (Rt 810). TAX MAP/PARCEL: 5513-49 MAGISTERIAL DISTRICT: White Hall. CHARACTER OF THE AREA The parcel subject to the Special Use Permit is located in the Waylands Grant subdivision in Crozet, Virginia. It includes one-half of a duplex townhouse, with other duplex townhouses to the north and south. Single family detached homes are located across the street (to the west). Parking for the home is provided in the garage and in the driveway in front of the home. SPECIFICS OF THE PROPOSAL The homeowner now operates an internet-based business under a Home Occupation, Class A permit. The business is a web -based project management software that is designed to serve custom builders, semi - custom builders, and high-end remodelers. It sells subscription access to its website, which clients can use to share information about change orders, scheduling, expense tracking, and similar items. Because the business is growing, the owner would like to add up to two (2) employees. The two employees would park offstreet in the driveway and would be at the property during regular business hours of 8:00 am to 6:00 pm, Monday through Friday. The company's sales are completed online and on the telephone, so there will be no customer visits to the property and no signs are proposed. PLANNING AND ZONING HISTORY The property was rezoned in 1992 (ZMA 1990-03) from R-1 to R-6, with proffers, for a 51 -unit single family subdivision, after a court reversed a 1990 Board Decision. Proffers included a conceptual layout, as well as leaving a 100 -foot stream buffer undisturbed. On January 14, 2000, the Board of Supervisors approved SUB 1999-303 for up to 49 lots of attached or detached housing. In 1998, the property was rezoned from R-6 to Waylands Grant Planned Residential District, (ZMA 98- 18) for up to 85 dwelling units and 4,000 square feet of professional offices. CONFORMITY WITH THE COMPREHENSIVE PLAN The Crozet Master Plan allows home offices and live/work units in CT3, Neighborhood Edge locations; Staff Report: SP 2008-021, Co -Construct Home Occupation, Class B, August 12, 2008 2 so, as a use, a home occupation is in conformity with the Master Plan. Since this proposal relates to an existing residence in an existing development that includes some Neighborhood Model principles and no physical changes are proposed or needed, a Neighborhood Model analysis is not provided. STAFF COMMENT Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance as follows: 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 existing business is conducted over the internet and the telephone, so no impact is expected on any of the adjacent properties. There will be no noise, odors, vibration, lights, or glare resulting from the operation. All business will be conducted inside the home. The applicant has indicated that there will be no more than two (2) employees other than family members living in the home and that no customers or clients will come to the residence. The applicants have spoken with their neighbor who owns the other half of the duplex. A letter from the neighbor indicating their support for the Home Occupation is included as Attachment B. that the character of the district will not be changed thereby and There will be no change to the exterior of the home; no signs will be used, and no customers/clients will come to the home. The two proposed employees will have offstreet parking. So, no change to the character of the district is expected from this home occupation. that such use will be in harmony with the purpose and intent of this ordinance, The Planned Residential District, PRD, allows Home Occupations, Class B, by special use permit (Section 19.3.2.5). One intent of PRD districts i.1 "to promote economical and efficient land use." Allowing home occupations means that a small business and a home can be located on the same property. Two additional vehicle trips per day are expected. with uses permitted by right in the district, Allowing a home occupation with no discernible impacts is viewed as compatible with the residential and other by -right uses in a Planned Residential District, PRD. with the additional regulations provided in section 5.0 of this ordinance, Section 5.2 of the Ordinance applies to Home Occupations, Class B. The following sections are of particular relevance to this proposal: 5.2.2. La. Such occupation may be conducted either within the dwelling or an accessory structure, or both, provided that not more than twenty -fie (25) 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 one thousand five hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only in connection with home occupation, Class B; i The web -based business will be conducted in the home. The owner has indicated that not more than 500 square feet of the 2,944 total square feet in the residence will be used for the business. Thus, the 500 square feet to be devoted to the home occupation is less than twenty-five (25) percent of the floor area (736 square feet) and less than the 1,500 square foot maximum. 5.2.2.1. b.Accessory structures shall be similar in fagade to a single-family dwelling, private garage, Staff Report: SP 2008-021, Co -Construct Home Occupation, Class B, August 12, 2008 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. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall not be used for any home occupation; The business will be conducted in the home, not in an accessory structure, so this requirement does not apply. 5.2.2.1. c. There shall be no sales on the premises, other than items handcrafted on the premises, in connection with such home occupation; The applicant has indicated that there will be no in-person sales on the premises; the only sales will be over the internet and telephone. 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 of such home occupation shall be met off the street; The applicant has indicated that the proposed two employees will have offstreet parking. They may also live in the area, possibly even within walking distance. So, an additional two vehicle trips per day are expected. and with the public health, safety and general welfare. Staff believes that there will be no adverse impacts on the public health, safety or general welfare from this proposed home occupation. SUMMARY Staff has identified the following factors favorable to this application: 1. This home occupation provides a useful service to home builders and remodelers. 2. Allowing the owner to have up to two (2) employees will offer employment to two people. 3. There will be no impacts on surrounding properties. Staff has identified no factors unfavorable to this application: RECOMMENDED ACTION: Staff recommends approval of Special Use Permit 2008-021, with the following conditions: 1. This Home Occupation, Class B, replaces Home Occupation, Class A (HO 2005-00260). 2. There will be no more than two (2) employees, other than members of the immediate family living on the premises. 3. The Home Occupation will not use more than 500 square feet of the home at 1814 Clay Drive. 4. There will be no customer/client visits. ATTACHMENTS Attachment A — Location Map Attachment B — Letter from adjacent owner in support of home occupation, dated July 3, 2008 Staff Report: SP 2008-021, Co -Construct Home Occupation, Class B, August 12, 2008 f0a O p14 cp 10 V to CD v4 a C414 'o IM Ire AN, 5 a p IN. . V, Nap CO N N 10 01 rN� N OD tV' j,f t?' N. AM N N toO M 01 N AM 94 0 In to �N1 in a �N 00- in �Ml N to �r M W bb 'f�� ear o M uV)i it An 94 rf M �-N In M U) r'I Attachment A No m� S 0 �❑i ❑I I IEln ❑ 'h n., ; N N Co�.; 0 �� HbbdLn .$, o Oelo M . p Nibyb 00 .r in ff' In ,^ 1 00 �00 :Al 0i 'a NpaN O ah p N N N M7711 at O pN Or; 100 Lo► rn t � 0 rt orMi p � io 97 ow M� 00 f Q M ON U., tf',N r% N I� 00 p ), NY ++ M M in a Ln .� N N 00" Lnto i � � �f0 Jr Q U Nii V ay tap G00 n� p) Co CSV M O toy �'0 0 .iN r� m V Opp � ol 01� 00 _ 0� +p t� •+ Ln h f0a O p14 cp 10 V to CD v4 a C414 'o IM Ire AN, 5 a p IN. . V, Nap CO N N 10 01 rN� N OD tV' j,f t?' N. AM N N toO M 01 N AM 94 0 In to �N1 in a �N 00- in �Ml N to �r M W bb 'f�� ear o M uV)i it An 94 rf M �-N In M U) r'I Attachment A ATTACHMENT B 1225 Old Ballard Road Charlottesville, VA 22901 434-979-8844 July 9, 2008 Mr. Donny Wyatt 1814 Clay Drive Crozet, VA 22932 Ref: 1808 Clay Drive Crozet, VA Subj: Home Occupancy Use Permit Dear Donny: As owners of the attached premises, Alyson and I have no objections to the County granting you a Home Occupancy B Use Permit as you request. We do not foresee the issuance of the permit as having any negative impact upon the occupants of the above referenced "quiet enjoyment" of the said premises. If there are any other questions or you need further assistance, please do not hesitate in contacting either one of us. Respectfully, Arthur M. Valente Alyson C. Valente AMV/ac Staff Report: SP 2008-021, Co -Construct Home Occupation, Class B, August 12, 2008