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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP 2013 -00012 Les Yeux du
Staff. Scott Clark, Senior Planner
Monde
Planning Commission Public Hearing: August
Board of Supervisors Hearing: TBA
20, 2013
Owners: Warren, Carolyn Bolen
Applicant: Warren, Carolyn Bolen
Acreage: 30
Rezone from: Not applicable
Special Use Permit for: 10.2.2.36 which
allows gift, craft and antique shops.
TMP: Tax Map 63 Parcel 14I
By -right use: RA, Rural Areas
Location: 841 Wolf Trap Rd.
Magisterial District: Rivanna
Proffers /Conditions: Yes
Requested # of Dwelling Units /Lots: n/a
DA - RA - X
Proposal: Art gallery on 30 acres
Comp. Plan Designation: Rural Areas -
preserve and protect agricultural, forestal,
open space, and natural, historic and scenic
resources/ density ( .5 unit/ acre in
development lots)
Character of Property• The property has a large
Use of Surrounding Properties: The area is
central wooded area, an open hayfield near the
characterized by a mix of rural residential
entrance, and a dwelling, barn, and art studio at
development and larger farm and forest
the southeast corner.
parcels. The property is located in the
Eastham Agricultural & Forestal District
and adjacent to the Southwest Mountains
Rural Historic District.
Factors Favorable:
Factors Unfavorable:
1. The limited scale of the use would avoid
1. The use is not directly supportive of the
impacts on adjacent properties and critical
Comprehensive Plan's goals for the Rural
resources.
Areas.
2. The Agricultural & Forestal Districts
Advisory Committee recommend
approval, provided that the use is limited
to the proposed scale of use.
Recommendation: Based on findings presented in the staff report, staff recommends approval of
SP201300012 (with conditions).
STAFF CONTACT:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
AGENDA TITLE:
PROPERTY OWNER:
APPLICANT:
Scott Clark, Senior Planner
August 20, 2013
TBD
SP2013 -00012 Les Yeux du Monde
Warren, Carolyn Bolen
Warren, Carolyn Bolen
PROPOSAL:
PROPOSAL: Art gallery on 30 acres. No dwellings proposed
ZONING: 10.2.2.36 which allows gift, craft and antique shops.
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: 841 Wolf Trap Rd.
TAX MAP /PARCEL: 06300- 00- 00 -014I0
MAGISTERIAL DISTRICT: Rivanna
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 a mix of rural residential development and larger farm and forest
parcels. The property is located in the Eastham Agricultural & Forestal District and adjacent to
the Southwest Mountains Rural Historic District.
PLANNING AND ZONING HISTORY:
This property was zoned RA Rural Areas during the comprehensive rezoning of the County in
1980.
B200801968NNR: This building permit, approved in November, 2008, allowed the construction
of a non - residential accessory structure that was described as an art studio and workshop. After
that point, the applicants began to also use the structure as an art gallery.
APPLICANT'S PROPOSAL AND JUSTIFICATION
The applicants propose to use the existing structure as an art gallery under the "gift, craft,
and antique shop" use category. The gallery would be open for art viewing and sales
Thursday through Sunday from 1:00 to 5:00 p.m. (as well as by appointment), and would
have up to 10 art openings (50 attendees maximum) and 20 art- related events (20
attendees maximum) per year.
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:
PA
No substantial detriment. The proposed use will not be a substantial detriment to
adjacent lots.
The only direct impacts to adjacent properties from activity at the gallery would be noise. The
applicants have stated that no outdoor amplified sound systems would be used, and staff
recommends a condition of approval that would prohibit such systems. Parking for the use
would located at least 1,000 feet from any existing dwelling on adjacent properties.
Character of district unchanzed. The character of the district will not be changed by the
proposed special use.
Commercial uses not related to agriculture or forestry tend to change the character of the
Rural Areas. However, the limited scale and visibility of this use would minimize such
impacts. Staff recommends that the approval be limited to the current art gallery, and that it
not permit gift or antique stores, in order to prevent heavier commercial use of the site.
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.
The proposed use does not directly support the goals of the RA zoning district. However, the
limited scale of the use does not create significant disharmonies with those goals.
...with the uses permitted by right in the district
As proposed, the use would not conflict with residential or agricultural uses.
This property is included in the Eastham Agricultural & Forestal District. The County Code
states that before approving any special use permit in a District, the Board of Supervisors
should determine that the development allowed by the permit is consistent with the purposes
of the Agricultural /Forestal District chapter of the Code:
Sec. 3 -100 Purpose and intent.
The purpose and intent of this chapter are as follows:
A. It is the policy of county to conserve and protect, and to encourage the development and improvement
of, its agricultural and forestal lands for the production of food and other agricultural or forestal
products. It is also the policy of the county to conserve and protect agricultural and forestal lands as
valued natural and ecological resources which provide essential open spaces for clean airsheds,
watershed protection, wildlife habitat, and for aesthetic purposes.
B. It is the purpose and intent of this chapter to provide means by which agricultural and forestal lands of
either statewide or local significance may be protected and enhanced as a viable segment of state and
local economies, and as important economic and environmental resources
At their meeting on July 22, 2013, the Agricultural & Forestal Districts Advisory Committee
acknowledged that this request is not consistent to those purposes, but felt that, as proposed, it
would not be a detriment to agriculture or forestry in the District. The adjacent portions of the
District are wooded, and the nearest pasture area is approximately 1,000 feet away, beyond
the woods. The physical impacts of the proposed use (noise, etc.) would be sufficiently
limited to prevent significant impacts on any livestock operations at that distance. The
Committee recommended approval of the request provided that the use is limited to the
proposed hours of operation and attendance levels for art- gallery events.
...with the regulations provided in section 5 as applicable,
There are not supplement regulations in section 5 for this use.
...and with the public health, safety and general welfare.
Traffic impacts are expected to be low, given the proposed hours of operation and scale of
use. Neither the Virginia Department of Transportation nor the County Engineer had concerns
over the ability of the property or of Wolf Trap Road to support the use.
Consistency with the Comprehensive Plan. The use will be consistent with the
Comprehensive Plan.
The use is not directly supportive of any Comprehensive Plan goals, as it is not
related to agriculture, forestry or conservation. However, the small scale of the use
means that it would not have a significant impact on resources identified in those
goals. Staff's recommendation of approval is based not on any rural character of the
use, but on the proposal's limited impacts.
SUMMARY:
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. The limited scale of the use would avoid impacts on adjacent properties and critical
resources.
2. The Agricultural & Forestal Districts Advisory Committee recommend approval,
provided that the use is limited to the proposed scale of use.
Factors unfavorable to this request include:
1. The use is not directly supportive of the Comprehensive Plan's goals for the Rural
Areas.
RECOMMENDATION: Staff recommends approval of SP 2013 -00012 Les Yeux du Monde
with the conditions listed below, based on the analysis provided herein. Conditions 3 and 4
reflect the applicants' proposal as described above.
CONDITIONS OF APPROVAL:
1. No antique shop or gift shop shall be operated on the property.
2. The gallery use shall take place only in the existing 40 -foot by 20 -foot gallery
structure, which may be altered but not expanded.
3. The art gallery shall hold no more than 10 art- related events per year for more
than 20 attendees at any time, and daily attendance for these events shall not
exceed 50 persons.
4. The art gallery shall hold no more than 20 art- related events per year for up to 20
attendees at any time, and daily attendance for these events shall not exceed 20
persons. These events are in addition to the events permitted under condition 3.
5. Any art event allowed by conditions 3 or 4 must end by 10:00 p.m.
6. The hours of operation for sales in the art gallery shall not begin earlier than 1:00 p.m.
and shall end not later than 5:00 p.m.., each day, Thursday through Sunday. Operation
outside those hours shall be by appointment only.
7. There shall be no outdoor amplified sound permitted for this use.
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
B. Site Map
Motions
A. Should the Planning Commission choose to recommend approval of this special use
permit:
I move to recommend approval of SP 20130012 Les Yeux du Monde 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 20130012 Les Yeux du Monde. (Planning
Commission needs to give a reason for denial)
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