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HomeMy WebLinkAboutSP201800010 Staff Report 2018-11-14ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP201800010 Art Studio (Painting) Staff: Andrew Knuppel, Planner Planning Commission Public Hearing: Board of Supervisors Hearing: TBD September 4, 2018 Owner(s): A. Camille Price Applicant: Abby Kasonik Acreage: 18.64 acres Special Use Permit for: Home occupation, Class B per Zoning Ordinance Section 13.2.2(9). TMP: 09000000000100 Location: 790 Old Lynchburg Road School District: Monticello HS, Walton MS, Cale ES By -right use: R-1 Residential - 1 unit/acre Magisterial District: Samuel Miller Proffers/Conditions: Yes Requested # of Dwelling Units/Lots: N/A DA - X RA - Proposal: Home Occupation to allow an art studio Comp. Plan Designation: Neighborhood in an existing accessory structure instead of inside Density Residential — residential (3-6 units/acre); the home. Outside visitors are proposed on a supporting uses such as places of worship, limited basis with no greater than 3 open studio schools, public and institutional uses and small - events per year. scale neighborhood serving retail and commercial. In Neighborhood 5 in the Southern Urban Neighborhood. Character of Property: Large parcel in the Use of Surrounding Properties: Except for its Development Areas containing a historic house and frontage on Old Lynchburg Road, the property is accessory outbuildings. Wooded areas buffer most completely surrounded by the Mosby Mountain parcel boundaries. subdivision which includes residences and wooded areas. Southwood Mobile Home Park and the future Biscuit Run County Park are located across the street. Factors Favorable: Factors Unfavorable: 1. The use will be conducted entirely indoors, 1. Concerns about visual impacts to with minimal impacts to adjoining adjacent properties have been stated. properties. However, these impacts would be 2. The use will promote a target industry comparable to uses allowed by -right. identified in the Comprehensive Plan. 3. Traffic generated by the use is consistent with what would normally be expected by a dwelling unit in a residential neighborhood. Recommended conditions of approval would prevent activity in excess. 4. Approval of the request would rectify a potential code violation. Recommendation: Staff recommends approval of SP201800010 with conditions. SP201800010 — Art Studio (Painting) Planning Commission: September 4, 2018 Page 1 STAFF CONTACT: Andrew Knuppel, Planner PLANNING COMMISSION: September 4, 2018 BOARD OF SUPERVISORS: TBD PETITION: PROJECT: SP201800010 -Art Studio (Painting) MAGISTERIAL DISTRICT: Samuel Miller TAX MAP/PARCEL: 09000000000100 LOCATION: 790 Old Lynchburg Road, Charlottesville, VA 22903 PROPOSAL: Home Occupation to allow an art studio in an existing accessory structure instead of inside the home. Outside visitors are expected on a limited basis with no greater than 3 open studio events per year. PETITION: Home occupation, Class B per Section 13.2.2(9) (reference 5.2) of the Zoning Ordinance. ZONING: R-1 Residential - 1 unit/acre ENTRANCE CORRIDOR (EC): Yes. OVERLAY DISTRICT(S): Flood Hazard Overlay District COMPREHENSIVE PLAN: Neighborhood Density Residential - residential (3-6 units/acre); supporting uses such as places of worship, schools, public and institutional uses and small-scale neighborhood serving retail and commercial, and Parks and Green Systems - parks, playgrounds, play fields, greenways, trails, paths, recreational facilities and equipment, plazas, outdoor sitting areas, natural areas, preservation of stream buffers, floodplains and steep slopes adjacent to rivers and streams in Neighborhood 5 in the Southern Urban Neighborhood. CHARACTER OF THE AREA: The property is surrounded to the north, west, and south by residences and an open space tract in the Mosby Mountain subdivision. The Southwood Mobile Home Park and the future Biscuit Run County Park are directly across Old Lynchburg Road from the subject property, although their frontages on Old Lynchburg Road are currently wooded. (Attachment A) The property is a large, mostly wooded parcel containing the historic Tudor Grove house and accessory outbuildings. A wooded area buffers the property's frontage on Old Lynchburg Road, with a smaller wooded buffer along most parcel boundaries adjoining the Mosby Mountain subdivision. The structure containing the proposed art studio is located near the western edge of the property, across a clearing from the main house. PLANNING AND ZONING HISTORY: Although zoned R-1 Residential in the 1980 comprehensive rezoning, a majority of the property was not located in a designated Development Area until the Southern & Western Urban Neighborhoods Master Plan was adopted in 2015. The property is the residue of the Tudor Grove estate. During the course of numerous subdivisions and boundary line adjustments prior to 2004, portions of the estate were subdivided and now form the acreage of the Mosby Mountain development. At present, the accessory structure is being used as a painting studio. DETAILS OF THE PROPOSAL: The applicant is proposing to utilize an existing accessory structure as a painting studio for her home occupation. The usage of an accessory structure is the only criterion requiring a Class B home occupation. In conjunction with the use, regular visitors to the studio are expected on an occasional basis by invitation only (an average of 1 visitor every 2 weeks, or as many as 3 on a rare busy week) to discuss a proposed piece of art or to pick up a piece they have purchased. Regular visits from visitors at this level is allowed for a Class A home occupation. SP201800010 -Art Studio (Painting) Planning Commission: September 4, 2018 Page 2 The applicant has also requested permission to have up to 3 open studio events in a year (at a 4 month interval), although it is possible that only one event per year may actually occur. These events would be consistent with what might be expected as part of an artisan trail or cultural tourism event, or a seasonal art show. The applicant anticipates that an open studio event would be held on one or two consecutive days from no earlier than 12:00 p.m. to no later than 8:00 p.m., inside the studio with no outdoor amplified sound. During an open studio event, no more than 35 vehicles would be expected and the invited visitors would be visiting intermittently throughout the event, and would not be expected to attend at the same time. Attachment B contains the applicant's proposal, and Attachment C contains the concept plan. COMMUNITY MEETING: Due to the nature of the request and the anticipated minimal impacts, a community meeting was not held for this proposal. Instead, staff provided information at the July 19, 2018 5'" and Avon Community Advisory Committee meeting. During the meeting, an abutting property owner expressed concerns about visual impacts that would be caused by vehicles utilizing the driveway to the studio structure, particularly those caused by headlights during evening hours. Questions were also asked regarding the applicant's ability to utilize the structure for private gatherings at the residence, as well as whether the County could further restrict the use of the studio structure. ANALYSIS OF THE SPECIAL USE PERMIT REQUEST Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall reasonably consider the following factors when reviewing and acting upon an application for a special use permit: No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots. Because the property is fairly large and surrounded by wooded areas, and because all activities would take place inside the existing accessory structure, no significant visual, parking, traffic, or noise impacts are anticipated. The level of activity from open house visitors is similar to that of a party, a book club, Bible study, or activity that is accessory to the private residence. Staff believes that visual impacts to adjoining properties due to the operation of visitor vehicles will not be significant due to the infrequency of such events. The open studio events are expected to be comparable to other uses permitted by -right. The recommended conditions of approval would limit vehicle trips, hours of operation, and parking areas; and prohibit outdoor amplified noise. Staff believes these conditions would serve to prevent and mitigate potential impacts to adjoining properties. Character of district unchanged. The character of the district will not be changed by the proposed special use. The studio already exists and no additional improvements are proposed. Staff believes that all operations related to the home occupation would be located in the interior of the property and would not affect the character of the district. SP201800010 -Art Studio (Painting) Planning Commission: September 4, 2018 Page 3 Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter. Chapter 18, Section 13 of the County Code outlines the purpose of the Residential - R-1 zoning district as follows: "This district (hereafter referred to as R-1) is created to establish a plan implementation zone that. • Recognizes the existence of previously established low density residential districts in communities and the urban area; • Provides incentives for clustering of development and provision of locational, environmental and development amenities; and • Provides for low density residential development in community areas and the urban area." No new development is proposed that would be contrary to the purpose and intent of this chapter. The proposed special use will be in harmony with the uses permitted by right in the district. A home occupation that is accessory to a permitted residential use is compatible with the residential and other by -right uses in the R-1 Residential district. The differences between a Class A (by -right) and Class B home occupation are summarized in Attachment D. Administrative review of traffic impacts from a Class A home occupation is largely based on interpretation of Zoning Ordinance Section 5.2.e by the Zoning Administrator. The relevant requirement is below: Traffic generated by a home occupation. The traffic generated by a home occupation shall not exceed the volume that would normally be expected by a dwelling unit in a residential neighborhood. The standard administrative interpretation for a Class A (by -right) home occupation has been that this volume is seven (7) vehicle round trips per week, with the option to request a special exception for more than 7 trips per week. Regular (non -open studio event) traffic expected by this home occupation will be in line with this interpretation. Further discussion of this interpretation as applied to a Class B home occupation will be discussed in the following section. The proposed special use will be in harmony with the regulations provided in section 5 as applicable. The full analysis of the regulations in Section 5.2 of the Zoning Ordinance can be found in Attachment D. The traffic requirement is again described below: Traffic generated by a home occupation. The traffic generated by a home occupation shall not exceed the volume that would normally be expected by a dwelling unit in a residential neighborhood. The proposed use anticipates a low volume of regular customer traffic. Although open studio events are proposed, staff believes that due to their irregularity, expected attendance, and expected duration of the attendees' visits, an open studio event would be comparable to an open house or an occasional private gathering normally expected in a residential neighborhood. Although the traffic volume for an open studio event may be in excess of what would be expected under the standard interpretation for a Class A home occupation, the volume would be in line with that permitted for a major home occupation in the Rural Areas zoning district (which allows open house activities by -right), and the requisite legislative approval for a Class B home occupation would be in line with that necessary to obtain a special exception for a Class A home occupation. SP201800010 -Art Studio (Painting) Planning Commission: September 4, 2018 Page 4 The proposed special use will be in harmony with the public health. safety and oeneral welfare. The proposed use is not expected to have impacts on traffic, noise, environmental features, or infrastructure. Staff believes the potential traffic impacts from the open studio events are mitigated by the character and location of the property. The entrance to the property is located on Old Lynchburg Road, which is a major collector road of rural character, rather than a residential street. All open studio events will take place within the studio structure, with no outdoor amplified music. No additional improvements are proposed. Consistency with the Comprehensive Plan. Compliance of this proposal relative to the policies and plans contained in the County's Comprehensive Planis analyzed below: Chapter 6 (Economic Development) Strategy 3a: Continue to use the 2012 Target Industry Study to guide decisions for economic development. Staff Comment: The County recognizes `Arts, Design, and Sports & Media" as a complementary target industry cluster identified in the Target Industry Study. This proposal would support this industry. Chapter 6 (Economic Development) Objective 6: Increase local business development opportunities, including support for entrepreneurial and startup businesses. Staff Comment: This proposal is a home business operated by a local artist. Approval of the special use permit would permit a local artist to operate within the County at this scale. Staff believes that the use is consistent with the goals of the Comprehensive Plan. SP201800010 -Art Studio (Painting) Planning Commission: September 4, 2018 Page 5 SUMMARY: Staff has identified factors which are favorable and unfavorable to this proposal. Factors favorable to this request include: 1. The use will be conducted entirely indoors, with minimal noise, parking, or visual impacts to adjoining properties. 2. The use will promote a target industry identified in the Comprehensive Plan. 3. Traffic generated by the use, including open studio events, will be in line with what would normally be expected by a dwelling unit in a residential neighborhood. Recommended conditions of approval will prevent activity in excess. 4. Approval of the request would rectify a potential code violation. Factors unfavorable to this request include: 1. Concerns about visual impacts to adjacent properties have been stated. However, these impacts are anticipated to be comparable to those that may be allowed in other by -right activities, including the private residence. RECOMMENDED ACTION: Staff recommends approval of SP201800010 Art Studio (Painting), with the following conditions: 1. The home occupation shall be conducted entirely within the studio structure. 2. No outdoor amplified sound shall be permitted in accordance with the home occupation. 3. Visitors shall be permitted by invitation only. The traffic generated by the home occupation shall not exceed more than seven (7) vehicle round trips per week, with the exception of open studio events. 4. Visitors may be permitted up to six (6) days per week between the hours of 7:00 a.m. and 8:00 p.m. 5. No more than three (3) open studio events shall be allowed per calendar year. An open studio event may be held between 10:00 a.m. and 8:00 p.m. on a single day. 6. The traffic generated by an open studio event shall not exceed more than thirty-five (35) vehicle round trips per event. Vehicles shall not be parked along the driveway to the studio shown in the Concept Plan in Attachment C of the staff report. MOTIONS: A. Should the Planning Commission choose to recommend approval of this special use permit: I move to recommend approval of SP201800010 Art Studio (Painting) with the conditions outlined in the staff report. B. Should the Planning Commission choose to recommend denial of this special use permit: I move to recommend denial of SP201800010 Art Studio (Painting) - (state reasons for denial). ATTACHMENTS Attachment A- Vicinity Map Attachment B- Applicant's Narrative Attachment C- Concept Plan Attachment D- Summary & Analysis of Home Occupation Regulations SP201800010 - Art Studio (Painting) Planning Commission: September 4, 2018 Page 6 COUNTY OFALBEMARLE TRANSMITTAL TO THE BOARD OF SUPERVISORS SUMMARY OF PLANNING COMMISSION ACTION AGENDA TITLE: SP2018000010 Art Studio (Painting) SUBJECT/PRO POSAUREQU EST: Class B Home Occupation to allow an art studio in an existing accessory structure instead of inside the home. Outside visitors are proposed on a limited basis with no greater than 3 open studio events per year. AGENDA DATE: November 14, 2018 STAFF CONTACT(S): Knuppel PRESENTER (S): Andrew Knuppel BACKGROUND: At its meeting on September 4, 2018, the Planning Commission conducted a public hearing and voted 7:0 to recommend approval of SP201800010. A special use permit is required for a Class B home occupation due to the usage of an accessory structure. As part of the art studio use, permission was requested to hold up to three open studio events per year. Attachments A, B, and C are the staff report, action memo, and minutes from the September 4, 2018 meeting. DISCUSSION: During review of this request, some community members expressed concern regarding visual and noise impacts to abutting properties caused by the traffic on the driveway to the studio, particularly during open studio events (Attachment D). Recommended conditions of approval would limit vehicle trips, hours of operation, and parking locations for open studio events. The Commission raised a question about the adequacy of the proposed restrictions on vehicle trips and parking areas for open studio events to mitigate impacts. Staff believes that impacts on abutting properties would be minimal due to the infrequency of the events and conditions of approval. RECOMMENDATIONS: The PC and staff recommend that the Board adopt the attached Resolution (Attachment E) to approve SP201800010 with the conditions attached thereto. ATTACHMENTS: A - Staff report for September 4, 2018 Planning Commission Public Hearing Al —Vicinity Map A2 — Applicant's Narrative A3 — Concept Plan A4 — Summary & Analysis of Home Occupation Regulations B - Planning Commission action letter C - Planning Commission minutes D - Public Comments E - Resolution to approve SP201800010 SP201800010 Art Studio (Painting) -Vicinity Map Legend (Note Some item on map may not appear In Mgenn) = ,. P9 2� � OVOVy , • a �,.��a,. it • o�ol clswee ` ce�mpnlp Data Servl. g' sllcmane.vg y (434)291 Mapla for Olaplay Pisposea Orly-P al Imageryfrom the Commomwealth of VirginiaaM OIM1er Sommes Almd 15, 2018 Proposal: Art Studio The art studio is a 24 x 48' building, situated in the back of an 18 acre property on the site of an old barn. The property is surrounded by the Mosby Mountain subdivision, and the studio is closest to the lots 90-E 38-42, though only visible in the winter months. We have a driveway that joins Old Lynchburg Rd., between the first and second Mosby Mountain entrances and terminates at a 45 x 48' turnaround / parking area at the studio. (attached images below) My noise level is very low, nothing louder than would come out of your average household. (no kilns, welding, blacksmithing etc etc - just painting) Activities associated with my work are: painting, drawing, stretching canvases, framing works on paper which includes the use of a staple gun and framing gun (similar noise level to average staple gun), and the occasional use of a chop saw. (4 or fewer times per year) All the paints I use are rated "AP", "certified non toxic by the Arts and Creative Materials Institute". I work in the studio 9-4 Monday - Friday. Visitors to the studio are by invitation, it is not open to the public. My visitors might be as many as 3 on a rare busy week, but the average is about 1 visitor every 2 weeks. A visitor stays for an average of 20 minutes while we discuss a proposed piece of art, or they are picking up a piece they have purchased. I would like to have no more than 3 open studio events in a year (at 4 month intervals). Most likely it will be only 1/yr. The events would be held on one or two consecutive days from no earlier than 12pm to no later than 8pm. An open studio is by -invitation, indoor, and has no outdoor amplified sound. Exterior and Interior views of studio SP201800010 Art Studio (Painting) - Concept Plan K 1354i ; 90E •3 3ciOEN u� 50E -73,�p 1339 28 J21�64 00 90E-74 / 1 1 rPfll t 172 / r large3d SWIG I' 1390E-72 gm 1 -70�� �c 40 v 3 -52 723 52A 1f9 S _ E. 297 ft 90E• \�.+E�E�82 L71f HE -A qti 90-,A 190 161,E 1635 -;:d 90A1.1U �. 2906,E 2 pp�• 2012 �i 200� �.. 2" 2019 -,- 2,��I& 9&A1.1E Summary & Analysis of Regulations for Home Occupations in Residential Zoning Districts Class A (By -Right) I Class B (Special Use Permit) Proposed (SP201800010) Home occupation may be conducted within the dwelling unit, area used Not proposed. Use of Dwelling Unit may not exceed 25% of gross floor area of the dwelling unit, and cumulative gross floor area shall not exceed 1500 square feet. Home occupation may be The proposed use will be Use of Accessory Structure Not permitted. conducted within accessory conducted within a 1,152 square structure. foot accessory structure. Limited to one or more family The sole proprietor resides within Limited to one or more family members residing within the the dwelling unit. Employees members residing within the dwelling unit and up to 2 additional dwelling unit. persons not residing within the dwelling unit. No change, except one home No home occupation sign is occupation sign may be erected proposed. pursuant to Section 4.15. Accessory structures shall be The studio structure satisfies the similar in fagade to a structure requirements for fagade, design, Exterior Appearance No change. normally expected in a residential and scale, and conforms to the area, and compatible in design and zoning district's applicable setback scale with other development in the and yard requirements for primary area in which it is located. structures. Accessory structure must comply with primary structure setback and yard requirements. Sales Limited to goods hand-crafted on -site and goods that are directly related Sales will be limited to artwork to a beauty shop or one -chair barber shop home occupation. hand-crafted on -site, in the studio. Shall not exceed the volume that would normally be expected by a The proposed use anticipates a low dwelling unit in a residential neighborhood. Administrative practice has volume of regular traffic for determined this to be 7 vehicle round trips per week for Class A home customers. Although open studio Traffic occupations. Special exceptions have been requested in prior instances to events are proposed, staff believes permit open house events for Class A home occupations. that due to their irregularity, expected attendance, and expected duration of the attendees' SP201800010 — Art Studio (Painting) — Page 1 visits, an open studio event would be comparable to an open house or an occasional private gathering normally expected in a residential neighborhood. Parking All vehicles used in a home occupation and all vehicles of employees, All vehicles will be parked on -site. customers, clients, or students shall be parked on -site. Section 4.14 sets standards for impacts of uses in industrial districts, including noise; vibration; glare; air pollution; water pollution; Performance Standards Compliance with performance standards in Section 4.14. radioactivity; and electrical interference. A painting studio utilizing certified non -toxic paints, and on occasion, framing equipment is not expected to have any such impacts. Before issuance, there shall be a The zoning administrator would Before issuance, applicant shall valid special use permit and VDOT verify these requirements before Preconditions to Issuance of sign an affidavit affirming approval of entrance, and applicant issuance of a zoning clearance for Zoning Clearance understanding of requirements of shall sign an affidavit affirming this home occupation. VDOT has Section 5.2. understanding of requirements of not stated any objections to the Section 5.2. existing entrance. Prohibited Home Occupations Tourist lodging; assisted living or skilled nursing facilities; nursery schools; No such uses are proposed. day care centers; private schools Notes on Major Home Occupations in the Rural Areas Zoning District: • Major Home Occupations are permitted by -right after standards and public notice requirements are satisfied. • Usage of accessory structures is only permitted for a Major Home Occupation. • Visitors are only permitted for a Major Home Occupation, up to 10 vehicle round trips per day or up to 30 vehicle round trips per week. Open houses are permitted. • Major Home Occupations are permitted to operate up to 6 days per week between the hours of 7:00 a.m. and 8:00 p.m. SP201800010 — Art Studio (Painting) — Page 2 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 October 19, 2018 Abby Kasonik/Camille Price 790 Old Lynchburg Rd Charlottesville Va 22903 RE: SP201800010 — Art Studio (Painting) (Sign#79) Dear Ms. Kasonik & Ms. Price, The Albemarle County Planning Commission, at its meeting on September 4, 2018, by a vote of 7:0 recommended approval of the above -noted petition to the Board of Supervisors. 1. The home occupation shall be conducted entirely within the studio structure. 2. No outdoor amplified sound shall be permitted in accordance with the home occupation. 3. Visitors shall be permitted by invitation only. The traffic generated by the home occupation shall not exceed more than seven (7) vehicle round trips per week, with the exception of open studio events. 4. Visitors may be permitted up to six (6) days per week between the hours of 7:00 a.m. and 8:00 p.m. 5. No more than three (3) open studio events shall be allowed per calendar year. An open studio event may be held between 10:00 a.m. and 8:00 p.m. on a single day. 6. The traffic generated by an open studio event shall not exceed more than thirty-five (35) vehicle round trips per event. Vehicles shall not be parked along the driveway to the studio shown in the Concept Plan in Attachment C of the staff report. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincerely, Andrew Knuppel Planner Planning Division Albemarle County Planning Commission September 4, 2018 The Albemarle County Planning Commission held a public hearing on Tuesday, September 4, 2018, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Tim Keller, Chair; Pam Riley, Vice Chair; Julian Bivins, Daphne Spain; Karen Firehock, Bruce Dotson, Jennie More and Luis Carrazana, UVA representative. Ms. Firehock arrived at 6:02 p.m. Other officials present were David Hannah, Natural Resource Manager; Andrew Knuppel, Planner; Andrew Gast -Bray, Assistant Director of Community Development/Director of Planning; Bob Crickenberger, Director of Parks; David Benish, Chief of Planning; Sharon Taylor, Clerk to Planning Commission and Andy Herrick, Assistant County Attorney. Call to Order and Establish Quorum Mr. Keller, Chair, called the regular meeting to order at 6:02 p.m. and established a quorum. Public Hearings PROJECT: SP-2018-00010 Art Studio (Painting) (Andrew Knuppel) MAGISTERIAL DISTRICT: Samuel Miller TAX MAP/PARCEL: 09000000000100 LOCATION: 790 Old Lynchburg Road, Charlottesville, VA 22903 PROPOSAL: Home Occupation to allow an art studio in an existing accessory structure instead of inside the home. Outside visitors are expected on a limited basis with no greater than 3 open studio events per year. PETITION: Home occupation, Class B per Section 13.2.2(9) (reference 5.2) of the Zoning Ordinance. ZONING: R-1 Residential - 1 unit/acre ENTRANCE CORRIDOR (EC): Yes. OVERLAY DISTRICT(S): Flood Hazard Overlay District COMPREHENSIVE PLAN: Neighborhood Density Residential — residential (3-6 units/acre); supporting uses such as places of worship, schools, public and institutional uses and small-scale neighborhood serving retail and commercial, and Parks and Green Systems — parks, playgrounds, play fields, greenways, trails, paths, recreational facilities and equipment, plazas, outdoor sitting areas, natural areas, preservation of stream buffers, floodplains and steep slopes adjacent to rivers and streams in Neighborhood 5 in the Southern Urban Neighborhood. (Andrew Knuppel) Andrew Knuppel presented a PowerPoint presentation to summarize the staff ALBEMARLE COUNTY PLANNING COMMISSION —September 4, 2018 18-473 SP-18-10 Art Studio Partial Draft MINUTES — Submit for Approval report. This is a request for a special use permit for a Class B Home Occupation within an accessory structure in a residential zoning district. For some context since it does not appear there has been a request of this type in almost eight years the Board approved a zoning text amendment in early 2011 allowing the use of accessory structures for home occupations by right in the rural areas zoning district; however, a special use permit is still required for accessory structures in a residential zoning district, which is why you are seeing this application tonight. Mr. Knuppel said the site in question is a 18.65 acre parcel zoned R-1, Residential with frontage on Old Lynchburg Road, containing the residue of the Tudor Grove Estate. It is surrounded by the Mosby Mountain development across the street from the Southwood Mobile Home Park and the future Biscuit Run Park. The bulk of the property was added to the development area in 2015 although it has been zoned R1 since 1980 with the comprehensive rezoning and despite being surrounded by development it is still fairly rural in nature and has wooded frontage on a rural section of Old Lynchburg Road. The main house is in the center with a circular rail fence along it and the driveway to the studio or the accessory structure run along the north property line. Mr. Knuppel said the proposal is for an art studio within an accessory structure as the applicant is a painter and occasional visitors are anticipated by invitation only to discuss the proposed art work or pick up a piece that they have purchased. The expected volume would be well below what would be allowed in a by -right Class A, Home Occupation. There would be about one visitor every two weeks and maybe as many as three on a rare busy week. Additionally the applicant requests permission to host infrequent open studio events up to three per year at a four - month interval although it will likely only be one per year near the holiday season. Staff expects that the character of this event will be consistent with an Artisan Trail, a seasonal art show event, an open house or other kind of gathering at a private residence. Such an event will be held on one or two days with no outdoor amplified sound. The applicant on their application mentioned that the hours anticipated would be no earlier than 12 p.m. and no later than 8 p.m. Mr. Knuppel said while a formal community meeting was not held for the application, staff did provide an opportunity to ask questions and get information at the Fifth and Avon Street CAC meeting in July. During the meeting and review of the application staff heard a couple of concerns from abutting property owners about visual impacts and traffic from the driveway usage. The Commission has received some of their comments over the past week in an email format. A few photos show the general character of the driveway and if you look at the map, the arrow shows the direction the photo is facing. Mr. Knuppel pointed out this is near the front where you turn off from the main house and you see the fence and the house kind of landscaped there on the left and a wooded buffer on the right. Mr. Knuppel noted this is facing towards the house at 1659 Hubert Court - again, if you move a little further along on the road you might be able to see back in the photos a little bit of the house back in there at 1659. Again, moving further down the ALBEMARLE COUNTY PLANNING COMMISSION —September 4, 2018 2 18-473 SP-18-10 Art Studio Partial Draft MINUTES — Submit for Approval driveway you start to see a clearing on the left and the same wood buffer on the right. Next, is the parking area near the studio facing towards 1671 and you cannot really see the house in there but it provides context of the entirety of the driveway. Despite this, the applicant has been working with abutting property owners to have discussions with them in how to move forward with this. Staff believes that potential conditions of approval could mitigate some of the impacts and due to the infrequency of the open studio events do not anticipate significant impacts arising from headlights or such with their limitation of the hours and the conditions. Staff recommends approval of this request with the conditions as listed below. 1. The home occupation shall be conducted entirely within the studio structure. 2. No outdoor amplified sound shall be permitted in accordance with the home occupation. 3. Visitors shall be permitted by invitation only. The traffic generated by the home occupation shall not exceed more than seven (7) vehicle round trips per week, with the exception of open studio events. 4. Visitors may be permitted up to six (6) days per week between the hours of 7:00 a.m. and 8:00 p.m. 5. No more than three (3) open studio events shall be allowed per calendar year. An open studio event may be held between 10:00 a.m. and 8:00 p.m. on a single day. 6. The traffic generated by an open studio event shall not exceed more than thirty-five (35) vehicle round trips per event. Vehicles shall not be parked along the driveway to the studio shown in the Concept Plan in Attachment C of the staff report. Mr. Knuppel noted that condition 2 reiterates that no outdoor amplified sound is proposed. He said that condition 3 mirrors the current administrative policy for a by right Class A Home Occupation for regular traffic no more than seven trips per week. He said we do not expect that the applicant will come close to this with the exception of open studio events. He said that visitors are permitted up to 6 days per week from 7:00 a.m. to 8:00 p.m. and this is in line with the current regulations for a rural home occupation and that currently is not a requirement in the Code so we are adding this in there for consistency. Mr. Knuppel said condition 5 the open studio events no more than 3 per year that we are counting each day separately so if the applicant were to participate in a studio tour. He noted the Artesian Studio Tour is what we looked at and if they were going to do Saturday and Sunday, they would count as two of the events so there are three allotted per year to be held between 10:00 a.m. and 8:00 p.m. on a single day. The applicant requested 12 p.m. to 8:00 p.m. but we changed it slightly to accommodate participation in one of the studio tours and the hours we saw were 10 a.m. to 5 p.m. so it is to provide flexibility. He said we do not anticipate that it would run for ten hours. Mr. Knuppel said finally, we did put a cap on the vehicle round trips per event at 35 and felt that this would be spread over 7 hours since we would not expect all people to come out at once and felt comfortable recommending this. He said we also added a condition that vehicles would not be parked along the driveway of the studio again to help mitigate some of the visibility impacts on the neighbors. He ALBEMARLE COUNTY PLANNING COMMISSION —September 4, 2018 3 18-473 SP-18-10 Art Studio Partial Draft MINUTES — Submit for Approval noted that the motions are on the slide and he would be happy to answer questions. Mr. Keller invited questions for the applicant. Ms. Firehock asked how staff arrived at the 35 vehicle trips per day. Mr. Knuppel replied that we looked at a couple of comparable uses and just kind of eyeballed what we felt would be a comfortable recommendation for us. He said we looked at the major home occupations in the rural area zoning district and they allow 10 per day or 30 per week, but there is a determination that open houses are allowed with this. He said staff felt that it was lower and also looked at what we currently allow for an agricultural operation under 21 acres with a zoning clearance, which allow up to 50 trips per day and with that so we picked a middle point in there. He said that again we do not have the enforcement capabilities to have someone out there counting cars so we operate on a complaint driven basis and feel that this provides a reasonable number given the size of the parking area and the expected length of time that each person would be there to accommodate this. Ms. Firehock said to follow up you obviously looked at the current studio tour that goes on in the county once a year and she had gone on that but was curious if you have data from them and is that a reasonable amount that only 35 teams or groups would visit a studio. Mr. Knuppel replied that we do not have data on the attendance for such an event but we did speak with the applicant about what she would expect for one of her own open studio events separated from that. He said there is another question in there about how we are accommodating a studio tour and we want to make sure the hours are consistent with them. Mr. Bivins asked if staff was suggesting a limit on the number of vehicles that are able to park in that location as shown on the slide. Mr. Knuppel replied that it looks like there are about four vehicles in there and there is a field next to it as well. He said the main limitation of parking was to avoid this driveway area for vehicles parked directly along there in sight of the other houses. Mr. Bivins asked if there would not be a prohibition to parking on the field to the left of the structure, and Mr. Knuppel replied no that there was additional parking area by the main house as well. Mr. Dotson said he was curious about that parking area that you said is sized to accommodate about four vehicles for the artist and invited guests that could be up to 35 guests that would not be there at the same time so they would park on the grass perhaps to the south or the bottom of the driveway. ALBEMARLE COUNTY PLANNING COMMISSION —September 4, 2018 4 18-473 SP-18-10 Art Studio Partial Draft MINUTES — Submit for Approval Mr. Knuppel replied yes, potentially along the grass area or by the main house and the guests can walk up from there. Mr. Dotson said that is an existing parking lot, and Mr. Knuppel replied yes. There being no further questions, Mr. Keller opened the public hearing and invited the applicant to come forward and speak. Ms. Abby Kasonik, resident at 790 Old Lynchburg Road, said she had been a professional artist in Charlottesville for about 15 years and my studio is generally very quiet. She said as Andrew said she had had a week where there were three people there but that has only happened once in maybe 5 years and was applying for three open studios during the year but have only ever had one in the last 10 or 15 years. Ms. Kasonik said that now she was represented by Laseo Demon Gallery and has exhibitions scheduled with them and on years when she has public exhibitions she does not plan to have a studio event at all. She said that most of the time that her neighbors would not notice and hopes to be a nice neighbor since the studio events are planned to be relatively infrequent. Ms. Kasonik said she would be happy to answer questions. Mr. Keller invited questions for the applicant. Mr. Dotson said since he had not seen the studio is there a patio or a seating area outside. Ms. Kasonik replied that the thing you cannot see in this picture is there is a back door on the far side with a little patio area but most of the time people coming into the studio are inside unless they are walking from their car. Mr. Dotson asked do you intend to do any teaching, and Ms. Kasonik replied no. Mr. Dotson said the first condition says shall be conducted entirely within the studio structure and the question to the staff is might you ever want to be outside and painting. He asked how we interpret entirely within. Mr. Kasonik replied yes that she walks around the yard sometimes with a sketchpad, but the not the visitors to the studio. Mr. Dotson said the question then is to staff in terms of that first condition conducted entirely within. Mr. Knuppel said that he would refer to the County Attorney on the specifics of that, but the intent of this was that all events and visitors would be within the studio or not be in outside attendance. Mr. Herrick said that he thinks the language of the condition is meant to mimic ALBEMARLE COUNTY PLANNING COMMISSION —September 4, 2018 5 18-473 SP-18-10 Art Studio Partial Draft MINUTES — Submit for Approval the standards that is provided in the County Code. He said the County Code speaks to home occupations as being entirely conducted within either the dwelling or in this case entirely within the dwelling or the accessory structure. He said the condition is again just repeating the same standard that exists in the County Code. Mr. Dotson said that it would not prohibit the artist from painting in her own yard. Ms. More said there was one picture of the driveway and it sounds like you may not even have the events three times a year but she just wondered is the traffic pretty staggered because she just wondered about a car meeting another car leaving. Ms. Kasonik replied that was one thing that we did talk about in going on this road and then looping in through our driveway and going in the driveway closer to the house and going out so that people did not meet each other. She said it is a one-way road for the majority of it but near the house, we could potentially make a loop so not to go in our neighbor's yards and that is one thing we talked about with our neighbors. Ms. Spain said she just wondered if you have decided whether you will be part of that Artisan's Trail weekend because this might make you eligible. Ms. Kasonik replied that it does not really appeal to me. Mr. Keller invited public and applicant comment. Hearing none, he closed the public hearing to bring it back for discussion and action. Mr. Dotson asked does a special use permit run with the land or with the applicant and if this applicant were to move to a larger studio at some point in the future and sold the property would the new artist require an additional special use permit or does this say forever more that can be an artist studio. Mr. Herrick replied that the special use permit runs with the land. Ms. Riley said a follow-up question on that is that it runs with the land but then these conditions would all apply and the use would need to be restricted to an art studio. Mr. Herrick replied yes, that is correct and why we suggested that any sort of special use permit conditions be crafted with such care because they apply not only to the current owner but they would apply to future owners as well. He said if a subsequent owner were also an artist, these same conditions would apply to that individual as well. Mr. Keller said he sent a question this morning to Andrew, Amelia McCulley and Greg Kamptner asking about whether this is a topic and he does not want to get ALBEMARLE COUNTY PLANNING COMMISSION —September 4, 2018 6 18-473 SP-18-10 Art Studio Partial Draft MINUTES — Submit for Approval into it now because we can do it under new business. He said the question is whether this is something when we are looking at ZTA's that could be handled administratively because it seems to me that there is kind an implied performance standard that you have been working from. He said if we are trying to think about where we need to have the meeting focused and where we do not it seems to me that what we see here is an example of something that might be handled internally. He said under new business he would ask that question and see what the director has to say on it. He asked if there was a motion. Ms. Firehock moved to recommend approval of SP-2018-00010 Art Studio (Painting) with the conditions outlined in the staff report. Ms. More seconded the motion. Mr. Keller invited further discussion. Hearing none, he asked for a roll call. The motion passed by a vote of 7:0. Mr. Keller said the request would be forwarded to the Board of Supervisors with the Planning Commission's recommendation for approval on a date to be determined. The meeting moved to the next item. ALBEMARLE COUNTY PLANNING COMMISSION —September 4, 2018 7 18-473 SP-18-10 Art Studio Partial Draft MINUTES — Submit for Approval Andrew Knuppel From: Shawn N. Brydge <sbrydge@wellington-financial.com> Sent: Friday, August 31, 2018 1:49 PM To: Andrew Knuppel Subject: RE: Home Occupation Special Use Permit - 790 Old Lynchburg Road Andrew, We met with the property owner and studio owner last night. Everything was very cordial and I expect we'll be able to work out a solution with them to minimize the visual disturbance of cars driving up the old farm lane through landscaping. Based on the described usage from the proposal and the restrictions on number of car trips and events, we don't object to this specific request. Based on my recollection of the 51h and Avon Community meeting, this is a rare request without recent precedent or procedure. Accordingly, I would encourage the decision makers to strongly consider future applications of this permit as could be applied to other properties and other uses when they are making their decision. The specific restrictions for this request that apply to usage, frequency, and car trips are viewed positively by me. If the request is approved, this concept could easily be used a precedent for more obtrusive structures that directly affect more people. Please convey this general concern to Ms. Palmer and the rest of the Board of Supervisors, and let them know their constituents rely on their ability to access current requests along with the future impact of approval of current requests. Unfortunately, I won't be able to attend the meeting due to another obligation, but I am available to answer any questions if you have any. Best, Shawn Shawn N. Brydge, RRP Executive Vice President Wellington Financial 1706 Emmet Street, Suite 2 Charlottesville, VA 22901 434.295.2033 x117 434.422.4952 - Direct From: Andrew Knuppel <aknuppel@albemarle.org> Sent: Monday, July 23, 2018 3:43 PM To: Shawn N. Brydge <sbrydge@wellington-financial.com> Cc: abbykasonik@gmail.com Subject: Home Occupation Special Use Permit - 790 Old Lynchburg Road Hi Shawn, We met at the 51h & Avon Community Advisory Committee meeting last Thursday. I spoke with Abby Kasonik (CCed), the applicant for the Class B Home Occupation for an art studio at 790 Old Lynchburg Road on Friday, and she agreed to provide her contact info so you could follow up with any questions regarding the proposed use. Please let me know if you have any questions. David White 1725 Mattox Ct. Charlottesville, VA 22903 Mr. Andrew Knuppel Planner, Planning Division County of Albemarle Department of Community Development 401 McIntire Road, North Wing Charlottesville, VA 22902-4596 RE: SP201800010 — Art Studio (Painting) (Sign#79) August 29, 2018 Dear Mr. Knuppel: Thank you for your kind letter informing me of the above -referenced petition to allow an art studio at 790 Old Lynchburg Road as submitted by Abby Kasonik and Camille Price Please know that as a property owner directly adjacent to the proposed studio I am completely in favor of this proposal and request Commission approval. The studio would provide an important service and represent a positive addition to the community. Please let me know if you have any questions. With every best wish, David White RESOLUTION TO APPROVE SP 2018-10 ART STUDIO (PAINTING) WHEREAS, the Owner of Tax Map Parcel 09000-00-00-00100 filed an application to establish an art studio as a Class B home occupation within an existing structure accessory to the dwelling located at 790 Old Lynchburg Road and the application is identified as Special Use Permit 2018-10 Art Studio (Painting) ("SP 2018-10"); and WHEREAS, on September 4, 2018, after a duly noticed public hearing, the Albemarle County Planning Commission recommended approval of SP 2018-10 with conditions; and WHEREAS, on November 14, 2018, the Albemarle County Board of Supervisors held a duly noticed public hearing on SP 2018-10. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the staff report prepared for SP 2018-10 and all of its attachments, the information presented at the public hearing, any written comments received, and the factors relevant to a special use permit in Albemarle County Code §§ 18-5.2, 18-13.2.2(9), and 18-33.40, the Albemarle County Board of Supervisors hereby approves SP 2018-10, subject to the conditions attached hereto and all applicable performance standards in the Albemarle County Code. I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Dill Mr. Gallaway Ms. Mallek Ms. McKee) Ms. Palmer Mr. Randolph SP-2018-10 Art Studio (Painting) Special Use Permit Conditions 1. The home occupation shall be conducted entirely within the studio structure. 2. No outdoor amplified sound shall be permitted in accordance with the home occupation. 3. Visitors shall be permitted by invitation only. The traffic generated by the home occupation shall not exceed more than seven (7) vehicle round trips per week, with the exception of open studio events. 4. Visitors may be permitted up to six (6) days per week between the hours of 7:00 a.m. and 8:00 p.m. 5. No more than three (3) open studio events shall be allowed per calendar year. An open studio event may be held between 10:00 a.m. and 8:00 p.m. on a single day. 6. The traffic generated by an open studio event shall not exceed more than thirty-five (35) vehicle round trips per event. Vehicles shall not be parked along the driveway to the studio shown in the Concept Plan in Attachment C of the staff report.