HomeMy WebLinkAboutSP200700012 Legacy Document 2007-07-16 (2)COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: SP2007-12 John Murphy, Home
Staff: Amy Ransom Arnold
Occupation Class B (StreamWatch)
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
July 24, 2007
Se tember 5, 2007
Owner: John and Margaret Murphy
Applicant: John Murphy
Acreage: approximately 5.3 acres
Special Use Permit: Home Occupation Class B
TMP: Tax Map 58 Parcel 55
Existing Zoning and By -right use: Rural
Location: The parcel is located at 841 Turner
Areas: agricultural, forestal, and fishery uses;
Mountain Lane, off Tilman Road north of Route 250
residential density (0.5 unit/acre)
West
Magisterial District: Samuel Miller
Conditions: Yes
DA (Development Area):
Requested # of Dwelling Units: NA
RA (Rural Areas): X
Proposal: Operation of administrative office and
Comprehensive Plan Designation: Rural
stream monitoring laboratory with one part time
Areas - preserve and protect agricultural, forestal,
employee
open space, and natural, historic and scenic
resources/ density (0.5 unit/ acre)
Character of Property: The property is 2/3rds
Use of Surrounding Properties: The
forested which is part of a larger deciduous forest
surrounding properties are included in the Rural
with scattered evergreens; the remainder consists of
Areas Zoning District and consist of residential,
open field, garden, a primary residence, garage, and
agricultural, and forestal uses. Land under
small guest house.
conservation easements is located near -by and to
the northeast and southwest. Two large clusters of
parcels located well south of the parcel remain
zoned Planned Residential Development and Light
Industrial.
Factors Favorable:
Factor Unfavorable: Inadequate site distance at
1. The presence and activity of this home
the intersection of Old Turner Mountain Lane and
occupation will not be visible from neighboring
Tilman Road (Route 676)
residences.
2. This home occupation will not impact the
character of the surrounding district.
3. Home occupations minimize commuter traffic.
4. A home occupation, Class B of this size and low
intensity, with a focus on natural resources is in
harmony with the by -right uses permitted in the
Rural Areas.
5. This home occupation provides a community
service directly addressing the quality of surface
water and groundwater resources.
RECOMMENDATION: Staff recommends approval of this Special Use Permit with conditions.
STAFF PERSON: Amy Ransom Arnold
PLANNING COMMISSION: July 24, 2007
BOARD OF SUPERVISORS: September 5, 2007
SP 2007-05 John Murphy Home Occupation Class B (Stream Watch)
Petition:
PROJECT: SP 2007-12 Stream Watch; Home Occupation Class B
PROPOSED: Administrative office / stream monitoring laboratory, not more than two employees/volunteers
ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas. agricultural, forestal, and fishery uses;
residential density (0.5 unit/acre)
SECTION: 10.2.2.31 Home Occupation Class B; 5.2 Home Occupation
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural, forestal,
open space, and natural, historic and scenic resources/ density (.5 unit/ acre)
ENTRANCE CORRIDOR: Yes No x
LOCATION: 841 Turner Mountain Lane, off Tilman Road north of Route 250 West
TAX MAP/PARCEL: Tax Map 58, Parcel 55
MAGISTERIAL DISTRICT: Samuel Miller
Character of the Area:
The surrounding context is comprised of large stands of deciduous forest with scattered evergreens, residential
and accessory buildings, open fields, hedges, and hedgerows. Adjacent Old Turner Mountain Lane is narrow,
rolling, and surfaced with prime and double seal paving, intersecting with Tilman Road approximately 340 feet
from the subject parcel. Tilman Road intersects Route 250 West approximately 800 feet to the south. The
residences along Old Turner Mountain Lane are mostly small in scale and constructed during the mid to late
1900s. Morgantown Road (formerly Route 39) weaves through the landscape to the south, meeting Route 250
to the east at the village of Ivy and to the west at Albie Lane, crossing Route 250 West to become Three
Notched Trace on the north side of Route 250. Throughout the area are several farm and storm water ponds.
Localized patches of land under conservation easement are near -by and to the northeast and southwest.
Several architectural resources surveyed by the Virginia Department of Historic Resources are located near -by
including a log house built in 1880 and an historic cemetery both located within a half mile of the Murphy
residence. The context within a mile radius encompasses 12 historic houses (includes buildings constructed in
1860 and 1840), two historic school buildings, and one historic church. These sites are primarily clustered
along Morgantown Road in the village of Ivy including Mt. Calvary Baptist Church; though constructed in
1890 will be razed once construction of a new church facility begins.
Specifics of the Proposal:
The applicant has requested a Special Use Permit to operate the administrative office and monitoring
laboratory for StreamWatch, from 8:30 am until 6:00 pm Monday through Friday, and with the assistance of
one part time employee. StreamWatch is a community based organization monitoring and assessing Rivanna
basin streams and rivers to help the community maintain and restore healthy waterways. StreamWatch works
in partnership with Albemarle County, Fluvanna County, The Nature Conservancy, Rivanna Conservation
Society, Rivanna Water and Sewer Authority, Thomas Jefferson Planning District Commission, and the
Thomas Jefferson Soil and Water Conservation District. StreamWatch is an affiliate of Virginia Save Our
Streams. The administration office and stream monitoring laboratory are located in the basement level of the
house on the southeastern face of the building.
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Planning and Zoning:
Stream Watch currently operates under a home occupation Class A (HO 1999-38) and is submitting this
request for a special use permit for a home occupation Class B to allow for a part time employee.
Conformity with the Comprehensive Plan:
The Comprehensive Plan designates the subject properties as Rural Areas emphasizing the preservation and
protection of agricultural, forestal, open space, and natural, historic and scenic resources as land use options.
Under the Rural Areas Section of the Comprehensive Plan allowing the operation of StreamWatch as a home
occupation in the Rural Areas supports the following Guiding Principles:
"Encourage creative and diverse forms of rural production and support rural land uses that provide
rural landowners with economic viability. "
"Protect the quality and supply of surface water and groundwater resources. "
Staff feels home occupations that meet and are operated within the provisions of the ordinance provide rural
land owners a broader range of choices in terms of how to operate their businesses, encouraging overall
economic viability in the Rural Areas. Home occupations eliminate commuter traffic and can reduce the need
for new or expanded roadway infrastructure. Finally, StreamWatch provides a community service directly
addressing the quality of surface water and groundwater resources.
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 maybe issued upon a Brading by the Board
of Supervisors that such use will not be of substantial detriment to adjacent property,
The impacts on adjacent properties from this home occupation with one part time employee on site will be
minimal; no customers will be coming to the site. Existing parking for additional vehicles is located on the
back side of the house facing away from the road, and the use of an entrance into the basement of the house is
also located on the southeastern face of the house away from Old Turner Mountain Lane. Topographic
conditions on site include a grade change of one building story from the northwestern face of the applicant's
house to the southeastern face of the house where the parking area, garage, and entrance into the basement of
the house are located. The nearest residence to the south of the Murphy property is located beyond an
additional grade change, placing the neighboring house a story and a half below the parking area and on the
opposite side of a wooded mass. With these grade changes, coupled with the wooded conditions on site, the
presence and activity of this home occupation will not be visible from neighboring residences.
that the character of the district will not be changed thereby and
The Comprehensive Plan suggest that home occupation uses be limited to a scale and intensity that will not
diminish the character or quality of life in the Rural Areas, encourage suburban development, or significantly
impact natural or cultural resources. The Plan suggests that impacts from home occupations be reversible,
scaled and sited to cause minimal impacts on their rural surroundings, and viable with no increase in public
infrastructure or services, either at the time of approval or later. Staff feels the impacts of the proposed home
occupation are minimal on the surrounding area and will not demand increases in local infrastructure; the
coming and going of one part time employee, with no customers coming to the site, will not result in levels of
traffic higher than expected with normal day to day activities of a typical residence. Staff feels that the overall
intensity of use on this parcel will not change and that this home occupation will not impact the character of the
surrounding district.
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that such use will be in harmony with the purpose and intent of this ordinance,
Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural Areas zoning: "This district
(hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning
map for the following purposes:
-Preservation of agricultural and forestal lands and activities;
-Water supply protection;
-Limited service delivery to the rural areas; and
-Conservation of natural, scenic, and historic resources. (Amended 11-8-89)"
StreamWatch is a not for profit organization monitoring and assessing Rivanna basin streams and rivers to help
the community maintain and restore healthy waterways. StreamWatch governance is based on a steering
committee including representatives from several partner organizations. The focus of the steering committee is
to insure the relevance of StreamWatch programs and research to the management of community watersheds.
Staff feels StreamWatch provides a service that not only directly supports, but significantly contributes to the
protection of Albemarle's natural resources and water supply protection. Stream Watch as a home occupation
also helps minimize commuter traffic.
with uses permitted by right in the district,
The property and the adjacent properties are zoned RA, Rural Areas. The uses permitted by right under RA
Zoning directly support agriculture, forestry, and the conservation of rural land. While home occupations are
allowed by Special Use Permit, the Zoning Ordinance has specifically included language that determines the
scale and intensity of Home Occupations, insuring that the preferred uses of land zoned RA remain the priority.
Staff feels that a Home Occupation, Class B of this size, low intensity, and focus on natural resources is in
harmony with the uses permitted by right in the Rural Areas.
with the additional regulations provided in section 5.0 of this ordinance,
Section 5.2 of the Ordinance applies to Home Occupation, Class B. It is the opinion of staff that the proposed
home occupation is in keeping with the additional regulations provided in section 5.2 of this ordinance.
and with the public health, safety and general welfare.
The County Engineer has indicated this proposal does not appear to be a significant enough use to warrant
improvements to the parking and entrances.
The Murphy property is located on a private street (Old Turner Mountain Lane) which intersects Route 676
(Tilman Road) approximately 340 feet from the Murphy residence. Representatives from VDOT's
Charlottesville Residency indicated during the first round of review adequate sight distance should be shown at
the intersection of Old Turner Mountain Lane and Route 676 for the increase in intensity one part time
employee would represent. Following up on this recommendation, a VDOT representative made a safety
check of this intersection on April 30th 2007 and found that the roadway was posted for 35 mph. This posted
speed determines the total amount of sight distance required from Old Turner Mountain Lane at Tilman Road,
which is 390 feet. VDOT determined this intersection does not have this site distance. Old Turner Mountain
Lane is a private road with several separate property owners living along its length; Mr. Murphy has no control
over the property across which the sight distance would have to be established. VDOT has also indicated they
have no mechanism to require Mr. Murphy to improve the intersection, but have noted their concerns about its
inadequate site distance and resulting safety issues.
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Staff recommends the suggested improvements to the intersection of Old Turner Mountain Lane and Tilman
Road (Route 676) not be incorporated into the conditions of this Special Use Permit. Overall, staff feels the
Home Occupation proposed and associated traffic expected to be generated does not pose a significant negative
impact to public health or safety.
Virginia Department of Health staff has met on site with the applicant to review the current condition and
capacity of the existing septic system. VDH staff has confirmed the existing system is functioning properly
and should accommodate the intended use for a part time employee.
Albemarle County Department of Fire and Rescue has required this home occupation comply with the Virginia
Statewide Fire Code.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. The presence and activity of this home occupation will not be visible from neighboring residences.
2. This home occupation will not impact the character of the surrounding district.
3. Home occupations minimize commuter traffic.
4. A home occupation, Class B of this size and low intensity, with a focus on natural resources is in
harmony with the by -right uses permitted in the Rural Areas.
5. This home occupation provides a community service directly addressing the quality of surface water
and groundwater resources.
Staff has identified the following factor unfavorable to this application: Inadequate site distance at the
intersection of Old Turner Mountain Lane and Tilman Road.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2007-12
John Murphy Home Occupation Class B with the following conditions:
1. Special Use Permit 2007-12 shall be developed in general accord with the concept application plan, a
survey plat by Thomas D. Blue, dated 12/19/94 and received February 26, 2007 (Attachment A.)
However, the Zoning Administrator may approve revisions to the concept application plan to
allow compliance with the Zoning Ordinance.
2. The presence on the site of employees shall be limited to 9:00 am until 5:00 pm Monday through
Friday.
ATTACHMENTS
Attachment A - Concept application plan
Attachment B - Murphy property detail
Attachment C — Murphy property, larger context
Attachment D — Site photographs
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