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Home My WebLink AboutSP201300013 Staff Report 2013-05-20�'I13GINZP ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: Staff. Scott Clark, Senior Planner SP 2013 -00013 Roberts SP2013 -00014 Roberts Public Garage Planning Commission Public Hearing: Board of Supervisors Hearing: TBA August 20, 2013 Owners: Brenda C. Roberts Applicant: Brenda C. Roberts Acreage: 5 acres Rezone from: Not applicable Special Use Permit for: SP2013- 00013: 10.5.2, which allows for development of more lots than permitted under sections 10.3.1 and 10.3.2 SP2013- 00014: 10.2.2.37, which allows public garages TMP: Tax Map 126 Parcel 31F3 By -right use: RA, Rural Areas Location: 8576 Howardsville Turnpike Magisterial District: Rivanna Proffers /Conditions: Yes Requested # of Dwelling Units/Lots: n/a DA - RA - X Proposal: Amend two special use permits to Comp. Plan Designation: Rural Areas - preserve permit residential use to replace a public garage. and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density ( .5 unit/ acre in development lots) Character of Property: The property is partly open, Use of Surrounding Properties: The surrounding with an 8,000- square -foot garage structure, and partly properties are largely wooded residential lots of wooded (along the boundaries). varying sizes. Factors Favorable: Factors Unfavorable: 1. The property already has a development None found right. 2. The change from a commercial garage use to a single - family residence would reduce impacts on adjacent properties and on water quality. Recommendation: Based on findings presented in the staff report, staff recommends approval of SP201300013 (with conditions) and SP201300014 (with conditions). STAFF CONTACT: PLANNING COMMISSION: BOARD OF SUPERVISORS: AGENDA TITLE: PROPERTY OWNER: APPLICANT: Scott Clark, Senior Planner August 20, 2013 TBD SP2013 -00013 Roberts SP2013 -00014 Roberts Public Garage Brenda C. Roberts Brenda C. Roberts PROPOSALS: SP2013- 00013: Special use permit to amend the conditions of SP 92 -46 to allow a residential use to replace a public garage on 5 acres. SP2013- 00014: Special use permit to amend the conditions of SP91 -21 to require closure of the permitted public garage on 5 acres if a dwelling is built on the property. ZONING: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit /acre in development lots) SECTION: SP2013- 00013: Chapter 18 Section 10.5.2 of the Albemarle County Code, which allows for more lots than the total number permitted under sections 10.3.1 and 10.3.2 SP2013- 00014: Chapter 18 Section 10.2.2.37 of the Albemarle County Code, which allows for public garages ENTRANCE CORRIDOR: No COMPREHENSIVE PLAN: Rural Areas — preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre in development lots) LOCATION: 8576 Howardsville Turnpike TAX MAP /PARCEL: 12600- 00- 00 -031F3 MAGISTERIAL DISTRICT: Samuel Miller COMPREHENSIVE PLAN: The Comprehensive Plan designates the property as RA, Rural Areas- agricultural, forestal, and fishery uses; residential density (0.5 unit /acre in development lots). CHARACTER OF THE AREA: The area includes a mix of large and small residential lots, as well as some larger forested parcel. Landcover is generally forested. Some nearby parcels include disused soapstone quarries. PLANNING AND ZONING HISTORY: ZTA 91 -04 Schuyler Enterprises: On September 18, 1991, the Board of Supervisors denied this zoning text amendment request to add temporary storage of motor vehicles on the land surrounding a public garage to the definition of "public garage" in the Zoning Ordinance. SP 91 -21 Schuyler Enterprises: Also on September 18, 1991, the Board of Supervisors approved this special use permit for a public garage, with conditions. The approval permitted use of the public garage for repair of trucks and equipment owned by the garage operator, and limited outdoor parking of tractor - trailer units to four. The current SP2013 -00014 Roberts Public Garage is an amendment of SP 91 -21. 2 SP 92 -46 James E. Clark: On August 17, 1992, the Board of Supervisors approve this special use permit for three additional development rights on a 25 -acre parcel. The approval permitted three additional lots, only two of which could have dwellings. The third lot became the site of the public garage approved under SP 91 -21, and the conditions of approval do not permit it to have a dwelling. The current SP2013 -00013 is an amendment of SP 92 -46 to allow a dwelling on the existing parcel. APPLICANT'S PROPOSAL AND JUSTIFICATION The applicant wants to amend SP 91 -21 and SP 92 -46 to permit a dwelling on the property and to remove the public - garage use. The public - garage is not currently operating, but the existing special use permit would allow it to re -open and operate under the existing conditions of approval. 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 use will not be a substantial detriment to adjacent lots. As residential uses are by right and often have fewer nuisance and environmental impacts than the existing garage use, this change should reduce the potential impacts on adjacent lots. Character of district unchanzed. The character of the district will not be changed by the proposed special use. A residence would be more in character with this portion of the RA zoning district, which is largely residential, than a commercial public garage. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter, The purposes of the RA zoning district are: o Preservation of agricultural and forestal lands and activities; o Water supply protection; o Limited service delivery to the rural areas; and o Conservation of natural, scenic, and historic resources. Neither single - family residences nor public garages directly support the purposes of the RA zoning district. However, a residence would be less likely to impact water quality or natural resources. ...with the uses permitted by right in the district The request is to replace a commercial use, which is available only by special use permit, with a single - family residence. As single - family units are by -right in the Rural Areas, this use would be in harmony with by -right RA uses. ...with the regulations provided in section 5 as applicable, There are no supplement regulations in section 5 for residential uses. Section 5.1.31 includes the following regulations for public garages and other similar uses: 5.1.31 AUTOMOBILE OR TRUCKREPAIR SHOPS, BODYSHOPS, MOTORCYCLEAND OFF -ROAD VEHICLE SALESAND SERVICE SHOPS, AND PUBLIC GARAGES Each automobile or truck repair shop, body shop, motorcycle and off -road vehicle sales and service shop, and public garage shall be subject to the following: a. All parts, materials and equipment shall be stored within an enclosed building. b. No vehicle awaiting repair shall be located on any portion of the site so as to be visible from any public street or any residential property, and shall be limited to locations designated on the approved site plan. c. All services shall be performed within an enclosed building. d. No buildings in which services are performed shall be located closer than fifty (5 0) feet from any residential or agricultural district. As the intent with these amendments is to replace the public garage use with a residence, the proposal does not conflict with these requirements. ...and with the public health, safety and general welfare. It is difficult to estimate the number of trips generated by public garage used by a single operator in the Rural Areas. However, staff finds it unlikely that traffic generation would increase through the approval of a residential use, and the residential use would be less likely to put large commercial vehicles on narrow rural roads. Replacement of the public garage with a residence would reduce potential contamination of wells (by spills of oils, solvents, coolants, etc.) on the surrounding parcels. Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive Plan. Neither residential uses nor commercial garages are considered priority uses in the Rural Areas chapter of the Comprehensive Plan. However, removing the commercial garage use would reduce the potential impacts of oils, solvents, and other materials used in truck repair on water quality, and so would be consistent with the water - protection goals of the Natural Resources chapter of the Plan. SUMMARY: In order to allow the residential use to replace the garage use, the conditions of both previous special use permits need to be amended. The garage use (SP91 -21) cannot be vacated or rescinded, so the recommend conditions of approval would allow only a garage or a residence on 2 the property, and not both. Also, the existing conditions for SP 92 -46 need to be amended to remove the prohibition on dwellings on the parcel. Staff has identified factors which are favorable and unfavorable to this proposal: Factors favorable to this request include: 1. The property already has a development right. 2. The change from a commercial garage use to a single - family residence would reduce impacts on adjacent properties and on water quality. Factors unfavorable to this request include: None found RECOMMENDATION (SP2013- 00013): Staff recommends approval of SP 2013 -00013 Roberts with the conditions listed below, based on the analysis provided herein. CONDITIONS OF APPROVAL: 1. Staff approval E)f subdivision plats 1. . The parcel upon which the public garage is located, after- subdivision, , may only be used as a garage in compliance with eD SP201300014 until a dwelling is constructed on the property, and not thereafter. and no dwelling unit shall be ost- ablishee l „r that par-eel Motions: A. Should the Planning Commission choose to recommend approval of this special use permit: I move to recommend approval of SP 20130013 Roberts with the conditions outlined in the staff report. B. Should the Planniniz Commission choose to recommend denial of this special use permit: I move to recommend denial of SP 20130013 Roberts. (Planning Commission needs to give a reason for denial) RECOMMENDATION (SP2013- 00014): Staff recommends approval of SP 2013 -00014 Roberts Public Garage with the conditions listed below, based on the analysis provided herein. CONDITIONS OF APPROVAL: 5 1) Plaflnifig Coffitnissiefl appr-eval of site plaii. Use shall not eeffiflienee tinfil final site pla.H. appfeval has been ..L.*ainea. The public garage may only operate until a dwelling is constructed on the property, and not thereafter. 2) The following requirements shall apply to the public garage use: a) Hours of operation shal be litnited to 8 a.m. to c p ra,,nday to cat,,, -da The hours of operation for the public garage shall not begin earlier than 8:00 a.m. and shall end not later than 5:00 p.m., each day. Monday through Saturday. b) No outside storage of parts including junk parts. Refuse awaiting disposal shall be stored in appropriate containers. c) No freight shall be handled or stored on -site. d) All work shall be conducted within the garage. e) Repair work and storage shall be limited to equipment owned or operated by ale Enterprises the operator of the public garage; and f) No more than four tractor trailers e-an shall be parked in the outside area at any one time. Motions: A. Should the Planning Commission choose to recommend approval of this special use permit: I move to recommend approval of SP 20130014 Roberts Public Garage 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 SP 20130014 Roberts Public Garage. (Planning Commission needs to give a reason for denial) ATTACHMENTS: A. Area Map B. 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