HomeMy WebLinkAboutHO200800245 Legacy Document 2009-02-12COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
HO 2008-245, John Penn Turner Home Occupation
Class A Modification
SU BJECT/PROPOSAL/REQUEST:
The applicant has requested a Home Occupation
Class A (HOCA) modification for the number of
vehicle trips and off-site parking for his residence at
106 Caty Lane.
STAFF CONTACT(S):
Benish, Wade
AGENDA DATE:
February 17, 2009
ACTION: Yes INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND:
The applicant, Mr. Turner, has requested a Home Occupation Class A modification for the number of vehicle trips
and off-site parking allowed for a counseling practice (see Attachments A &B). The counseling services are
proposed to be in a carriage house adjacent to the main house. The carriage unit is located above the garage for
the main home structure. The garage is not attached to the house. The main structure is located on Belvedere
Blvd. The garage/carriage house is served by Caty Lane.
The applicant is not requesting additional employees and, therefore, this does not necessitate a special use
permit for Home Occupation Class B. Home Occupation Class A are typically reviewed administratively provided
the Home Occupation Class A meets with the provisions of 5.2.2.1. In this case the applicant is seeking a
modification of Section 5.2.2.1.d (Attachment C) of the Zoning Ordinance for home occupations, which states,
"No traffic shall be generated by such a home occupation in greater volumes than would normally be expected in
a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be
met off the street."
Typically single family detached homes generate 10 vehicle trips per day. The Zoning Division allows for one
additional guest (or client) per day (seven per week) for administratively approved home occupations. These trips
should be spread through out the week. No classes/group sessions are allowed without modification. The
supplemental regulations governing home occupations do not permit Zoning to administratively increase the number
of trip beyond their standard. The Planning Commission has the authority to grant modifications to the supplemental
regulations.
DISCUSSION:
Staff has evaluated this request based on the transportation impacts to the Belvedere subdivision. The applicant is
requesting up to seven clients per day. This will generate an additional fourteen (14) trips per day. The majority of
additional trips will take place when the neighbors will be at work (during typical work day hours). The potential impact
of the increased traffic is similar to certain by -right uses within residences, most particularly a daycare serving up to
five children (a special use permit is required for a day care serving 6 or more children). A "by -right" daycare could
generate an additional twenty (20) trips (4 trips/child) per day in addition to the vehicle trips normally associated with a
home. As previously noted, the applicant's proposed counseling practice would generate an additional 14 trips per
day in addition to those trips normally associated with the home.
There will be no traffic associated with the home occupation before 9:00 a.m. and after 5:30 p.m., based on the staff's
recommended condition for hours of operation (trips will be spread throughout the day). The applicant has proposed
to operate the business from 9:00 a.m. to 7:00 p.m. Staff has recommended hours of operation ending at 5:30 to
minimize any potential conflicts with residential parking needs after "normal" work hours. There will be no weekend
hours and no medical procedures will be performed at the home. Caty Lane is an alley in Belvedere.
There are only four occupied units in the Belvedere development at this time and there are no traffic counts for Caty
Lane or Belvedere Boulevard at this time. All four residents of the occupied units in Belvedere support the proposed
use. At build -out of this block, there would be sufficient parking available along the streets to support the proposed
level of activity.
SUMMARY AND RECOMMENDATIONS:
Staff does not believe the transportation impacts of the services proposed are greater than would normally be
expected with comparable businesses such as in-home day care in a residential neighborhood. Therefore, staff can
support the modification of Section 5.2.2.1.d regarding traffic. Sufficient parking exists on the street. Also, while the
applicant has requested extending hours to 7:00 pm Mondays through Fridays, staff believes operating hours should
end at 5:30 pm (M -F) to avoid other impacts.
Staff recommends approval of HO 2008-245 with the following conditions as verified by Zoning:
1. Client visits to the site shall be limited to the hours between 9:00 a.m. and 5:30 p.m., Monday through Friday.
2. Clients shall be scheduled with a minimum of 15 minutes between appointments;
3. The conduct of the home occupation shall generate no more than fourteen total vehicle trips per day to the
site (one client visit equals 2 vehicle trips).
ATTACHMENTS
Attachment A — Letters From Applicant Requesting the Modification
Attachment B — Location Map
Attachment C - Applicable Zoning Ordinance Sections
Attachment D — Zoning Department Comments
ATTACHMENT A
John Penn Turner
Chris Bradley
769 Belvedere Boulevard
Charlottesville, VA. 22901
Albemarle County
Department of Community Development
401 McIntire Road
Charlottesville, VA. 22902
December 11, 2008
Dear Sir or Madam:
We have enclosed the application for Home Occupation of our business.
As a bit of background, we purchased our home in Belvedere specifically because
the community is being developed under the County's Neighborhood Model
standards, and because we have long desired to live in a truly mixed-use
community. As a part of this mixed-use concept, we planned to locate our office
in the carriage house, and we did receive confirmation that this was possible
from the developer. We feel strongly, as do our neighbors that use of the
carriage houses for businesses is clearly in-line with what Belvedere is trying to
become; in fact most of the successful new -urbanist neighborhoods — places like
the Kentlands — allow for, and encourage, an even more -intensive mix of _
business and residential uses. We note that Belvedere was designed with ample
on -street parking, purportedly to facilitate the projected mix of uses.
We feel that professional health -services businesses like ours are clearly value-
added propositions to vibrant communities and provide a much-needed service.
And we expect that locating our business in the carriage house will result in a net
reduction of carbon emissions since we will no longer commute and do expect
some clients to walk to our office from within Belvedere. We should note that the
carriage house has a separate address of 106 Caty Lane.
We see one client per clinical hour (50 minutes), on the hour, in our practice.
This means that one client finishes up and leaves before the next client arrives.
Our business model is predicated on being open full-time, which is Monday
through Friday during regular business hours. Our business simply will not be a
4
ATTACHMENT A
going concern, paying taxes and adding to the County's economic base, if we
cannot operate full-time.
We would suggest that there is less impact on the neighborhood from our
business use than by having someone, or a couple of people, live in the carriage
house unit; a use which has been already been approved. The reasons we
suggest this are that our use will be during business hours, when many people
aren't even home, at most there would be one car parked on -street at any given
time and because the unit will be empty on nights and weekends.
We look forward to the County approving this application, and would welcome
any questions that you might have.
Sinc
John Penn Tu S. L.P.C., L.S.A.T.P.
Chris Bradley, B.S., M.U.R.P.
enclosure
Mr. Juan Wade, Transportation Planner
County of Albemarle
Community Development Department
401 McIntire Road
Charlottesville, VA. 22902-4596
Dear Mr. Wade:
ATTACHMENT A
Albemarle Counseling Associates, PLLC
January 5, 2009
This letter serves as our request for Home Occupancy A with modifications. The following are the modifications we are requesting to
enable us to locate our counseling practice in the carriage house unit behind our home in Belvedere. We are requesting 7 client visits
per day (35 per week). We have enclosed a check for the additional $180.00 charge for the review of this application.
The operational logistics of or business are as follows:
Our business is a counseling practice, delivering services to individuals and couples over the age of 16;
Our business will operate only Monday through Friday, from 9:00 AM to 7:00 PM (at the latest);
• I work as the only counselor at the practice, and my partner is occasionally on-site to provide accounting and IT
support, at most for a few hours per week (less than five);
• We see clients on the hour, for a clinical hour (50 minutes), which means that one client finishes at ten minutes
before the hour, leaves, and the next client arrives shortly before their scheduled session. At most, there would be two cars in
the neighborhood at any given time, and only if there is a brief overlap between the time one client is leaving and the next
one is waiting;
• The carriage house unit fronts on Caty Lane, behind our home, and has a separate entrance (it should be noted that
the carriage houses in Belvedere are already zoned to be rented as apartments) that will be used by clients; and
• Parking will be on -street. Belvedere, as you know, is designed to allow on -street parking, and there are ample
unused spaces so that parking will not be a problem.
If you should require anything further for this request, or have additional questions, please contact me.
Thank you fo evrassistance.
Sinc
John Pen urner, M. ., L ,
John Penn Turner, LPC, LSATP 90 Whitewood Rd Suite 4 Charlottesville, VA 22901-1668
Voice 439-.978.3900 Fax 434.973.3933 Cell 434.825.1324
e-mail iohnpenn@albemarlecounselin�associates.or� Web wwwalbcmarlecounselinfrassociates.or�
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ATTACHMENT »
ATTACHMENT C
5.2 HOME OCCUPATIONS
5.2.1 CLEARANCE OF ZONING ADMINISTRATOR REQUIRED
Except as herein provided, no home occupation shall be established without approval of the
zoning administrator. Upon receipt of a request to establish a home occupation, Class B, the
zoning administrator shall refer the same to the Virginia Department of Highways and
Transportation for approval of entrance facilities and the zoning administrator shall determine the
adequacy of existing parking for such use. No such clearance shall be issued for any home
occupation, Class B, except after compliance with section 5.2.3 hereof. (Amended 3-18-81)
5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS
5.2.2.1 The following regulations shall apply to any home occupation:
a. Such occupation may be conducted either within the dwelling or an accessory structure, or
both, provided that not more than twenty- five (25) percent of the floor area of the dwelling
shall be used in the conduct of the home occupation and in no event shall the total floor area
of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand
five hundred (1,500) square feet; provided that the use of accessory structures shall be
permitted only in connection withhome occupation, Class B;
There shall be no change in the outside appearance of the buildings or premises, or other
visible evidence of the conduct of such home occupation provided that a home occupation,
Class B, may erect one home occupation Class B sign as authorized by section 4.15 of this
chapter. Accessory structures shall be similar in facade to a single-family dwelling, private
garage, shed, barn or other structure normally expected in a rural or residential area and shall
be specifically compatible in design and scale with other development in the area in which
located. Any accessory structure which does not conform to the setback and yard regulations
for main structures in the district in which it is located shall not be used for any home
occupation;
c. There shall be no sales on the premises, other than items hand crafted on the premises, in
connection with such home occupation; this does not exclude beauty shops or one -chair
barber shops;
d. No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking generated by
the conduct of such home occupation shall be met off the street;
e. All home occupations shall comply with performance standards set forth in section 4.14;
f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall
not be deemed home occupations.
5.2.2.2 Prior to issuance of clearance for any home occupation, the zoning administrator shall require the
applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing
regulations.
(12-10-80, § 5.2.2; Ord. 01-18(3), 5-9-01)
�a
ATTACHMENT D
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
To: Juandiego Wade, Transportation Planner
From: John Shepherd, Manager of Zoning Administration
Subject: H0200800245 John Penn Turner Counseling Service
Date: February 3, 2009
I have reviewed the home occupation permit application and the proposed
conditions and offer these comments.
By prior determination, the Home Occupation Class A may be conducted in the
carriage house that is located on the same premises as the main dwelling that is
the residence of the applicant.
I recommend that the proposed conditions be revised as shown below in italics.
1. Clients may only be on the property between the hours of 9:00 a.m. and 5:30 pm
(Monday - Friday);
JS: Client visits to the site shall be limited to the hours between 9:00 a.m. and 5:30 p.m.,
Monday through Friday.
2. Appointments shall be scheduled with a minimum of 15 minutes between clients;
JS: Clients shall be scheduled with a minimum of 15 minutes between appointments;
3. Only one clients shall be on the premises at a time;
JS: I recommend deleting this condition in order to allow carpooling.
4. No more than seven clients per day for five days (Monday -Friday);
JS: The conduct of the home occupation shall generate no more than seven trips per day to the
site.
ATTACHMENT D
5. No appointment may be scheduled on the premises on Saturday or Sunday — emergency
or otherwise; and
JS: 1 recommend deleting this condition because it is covered in #1.
6. Sale of retail items that are not hand made is not allowed on site.
JS: 1 recommend deleting this condition because it is a requirement ofthe ordinance.
/D