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Home My WebLink AboutSP201200032 Staff Report 2013-04-16AL� �z �'I73GII3S�' ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP 2012 -00032 Bellair Staff. Scott Clark, Senior Planner Planning Commission Public Hearing: March Board of Supervisors Hearing: TBA 19, 2013 Owners: Davis, Cynthia K, Elisabeth Keller & Applicant: Cynthia Keller Davis Gardner Davis, Trustees Acreage: 938.9 Rezone from: Not applicable Special Use Permit for: 10.2.2.50, which allows for Special events (reference 5.1.43) TMP: Tax Map 103 Parcels 3A, 8, and 10 By -right use: RA, Rural Areas Location: 5363 Bellair Farm Magisterial District: Scottsville Proffers /Conditions: Yes Requested # of Dwelling Units /Lots: n/a DA - RA - X Proposal: Special use permit request for Comp. Plan Designation: Rural Areas - special events preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density ( .5 unit/ acre in development lots) Character of Property: Large farm; open and Use of Surrounding Properties: Large estate wooded areas farms Factors Favorable: Factors Unfavorable: 1. The use would support a working farm in o None found the Rural Areas. 2. The proposal would not create significant impacts on adjacent properties. Recommendation: Based on findings presented in the staff report, staff recommends approval of SP201200032 (with conditions). STAFF CONTACT: PLANNING COMMISSION: Scott Clark, Senior Planner March 19, 2013 BOARD OF SUPERVISORS: TBD AGENDA TITLE: SP201200032 Bellair PROPERTY OWNER: Stoner, Frank R IV Or Elizabeth Bondurant Stoner APPLICANT: Stoner, Frank R IV Or Elizabeth Bondurant Stoner PROPOSAL: PROJECT: SP201200032 Bellair CSA Barn PROPOSED: Special events in and around existing barn ZONING CATEGORY /GENERAL USAGE: RA, Rural Areas- agricultural, forestal, and fishery uses; residential density (0.5 unit /acre in development lots) SECTION: 10.2.2.50, which allows for Special events (reference 5.1.43) COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas in Rural Area 4 - Preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit /acre in development lots) ENTRANCE CORRIDOR: No LOCATION: 5363 Bellair Farm TAX MAP /PARCEL: 11300- 00 -00- 01000, 11300- 00- 00- 003A0, 11300 -00 -00 -00800 MAGISTERIAL DISTRICT: Scottsville 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 is characterized by large estate farms with forested areas and large pastures. PLANNING AND ZONING HISTORY: This property was zoned RA Rural Areas during the comprehensive rezoning of the County in 1980. APPLICANT'S PROPOSAL AND JUSTIFICATION The applicants propose to hold special events for up to 150 people, up to 24 times per year. The events would take place in or around an existing barn, and no amplified sound is proposed. The events would provide additional income to support a working farm. 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. The proposed use would provide an additional source of income to a working farm. The Rural Areas chapter of the Comprehensive Plan supports such uses as a method to increase farm viability and help to prevent surburbanization of the Rural Areas. N ANALYSIS OF THE SPECIAL USE PERMIT REQUEST: Section 31.6.1 of the Zoning Ordinance below requires that special use permits be reviewed as follows: Will the use be of substantial detriment to adjacent property? It is staff's opinion that the proposal will not be of substantial detriment to the adjacent properties. The nearest dwelling is approximately one -half mile from the barn where the events would take place. As amplified sound would not be permitted, noise impacts on nearby residences and farms are not expected to be significant. Will the character of the zoning district change with this use? This proposed activity would use an existing structure on a large farm in the Rural Areas. The character of the use would not change the character of the Rural Areas district, and the use could be removed without any harm to productive agricultural land. Will the use be in harmony with the purpose and intent of the zoning ordinance? The purposes of the RA zoning district are: • 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. This use would be supportive of these purposes, and would increase the farm's economic viability, thereby reducing the chances of its conversion to suburban development. Will the use be in harmony with the uses permitted by right in the district? As proposed, the use would not conflict with residential or agricultural uses. Will the use be in accord with the additional regulations provided in section 5 of this ordinance? Section 5.1.43 of the Zoning Ordinance (see Attachment C) sets standards for special- events uses. The applicants have provided all the required information, and are not requesting waivers of any of the requirements. Will the public health, safety and general welfare of the community be protected if the use is approved? Virginia Department of Transportation (VDOT) staff has examined the site and has stated that the existing entrance (Bellair Farm) is sufficient without any changes. VDOT staff has also stated that the applicant's plan to use the existing driveway on Tax Map Parcel 11300000000800, located to the west of Bellair Farm, for exiting traffic only will be acceptable with some minor surface work (adding gravel). In order to ensure compliance with this last matter, staff is recommending a condition of approval that would require VDOT approval before the use commences. Other safety and health matters are addressed by a condition requiring approval by the Building Official and the Fire/Rescue Department (for building safety and emergency access) and by the Virginia Department of Health. Preliminary reviews by the building official indicated that the existing barn is acceptable for the proposed use with minor additions (exit signage). Given the size of the property, no issues with water supply or septic capacity are expected. SUMMARY: Staff has identified factors which are favorable and unfavorable to this proposal: Factors favorable to this request include: 1. The use would support a working farm in the Rural Areas. 2. The proposal would not create significant impacts on adjacent properties. Factors unfavorable to this request include: o None found RECOMMENDATION: Staff recommends approval of SP 2012 -00032 Bellair with the conditions listed below, based on the analysis provided herein. CONDITIONS OF APPROVAL: 1. The maximum number of events per calendar year shall not exceed 24. 2. The maximum number of event guests shall not exceed 150 persons. 3. All event activities (not including access or parking) shall take place within 250 feet of the barn whose address is 5290 Bellair Farm. 4. Hours of operation for the events shall be no earlier than 3 p.m. and no later than midnight. 5. There shall be no amplified sound permitted for this use. 6. The use shall not commence without approval from the Virginia Department of Transportation of the entrance to the property at Bellair Farm and of the proposed driveway exit on Tax Map Parcel 11300000000800. The exit on Tax Map Parcel 11300000000800 shall be posted for exit -only use to the satisfaction of the Zoning Administrator. 7. The use shall not commence without approval from the building official, the fire official, and the Virginia Department of Health. 8. The use shall commence on or before [date two years from Board approval] or the permit shall expire and be of no effect. ATTACHMENTS: A. Area Map (See Below) B. Site Map (See Below) Motions A. Should the Planning Commission choose to recommend approval of this special use permit: I move to recommend approval of SP 20120032 Bellair 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 20120032 Bellair. (Planning Commission needs to give a reason for denial) �9 r� FR YS PATH VIEWMONT FARM 109- Attachment A 2 IE V �M R�O�NOS FP S oa 11 x z� m Z� I_ m N SP201200032 Bellair A 0 0.25 0.5 1Miles 0 N o SP201200032 Bellair A 0.125 0.25 0.5 iles