HomeMy WebLinkAboutHO200900027 Legacy Document 2009-03-04COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: HO 2009-0027,
Staff: Juandiego R. Wade
Belvedere Integrated Healing Arts
Home Occupation Class A Modification
Planning Commission Work Session OR
Board of Supervisors Public Hearing: (if
Public Hearing: (whichever is applicable)
applicable) N/A
Public Hearing - March 10, 2009
Owners: Kate White
Applicant: Kate White
Acreage: 0.1310 acres
Rezone from: OR
Special Use Permit for: (include zoning
district property is located in)
TMP: 062G0 -01-6B-04700
By -right use:
Location: Belvedere Subdivision
Magisterial District: Rio
Proffers/Conditions: Yes
Proposal: (include relevant information
Requested # of Dwelling Units: (if
including residential density and/or non-
applicable)
residential square footage as applicable)
DA (Development Area): Yes
Comprehensive Plan Designation:
RA (Rural Area):
Character of Property: Subdivision
Use of Surrounding Properties:
Factors Favorable:
Factors Unfavorable:
RECOMMENDATION: approval with conditions
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
HO 2009-0027, Belvedere Integrated Healing Arts
Home Occupation Class A Modification
SUBJECT/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
658 Tyree Lane.
STAFF CONTACT(S):
Benish, Wade
AGENDA DATE:
March 10, 2009
ACTION: Yes INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND:
The applicant, Ms. White, has requested a Home Occupation Class A —HOCA modification (applicant request —
Attachment A) for the number of vehicle trips and off-site parking for her residence at 658 Tyree Lane (location
map — Attachment B) for a counseling practice. 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 Tyree Lane. 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 6:00 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, but
has allowed for emergency visits outside of these hours consistent with the conditions approved by the
Commission for HO 2008 -245 Turner Home Occupation Class A Modification on February 17,2009. 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 current traffic counts for
Caty Lane or Tyree Lane. The previously approved HO 2008 -245 Turner Home Occupation Class A Modification is
located a block away from Tyree Lane (Attachment B). Tyree Lane and Belvedere Blvd intersect. 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.
The Zoning Department has determined that the carriage house can be utilized for this use. The proffers for
Belvedere required that the carriage house be provided. It does not require that the unit be used for affordable
housing. The Zoning Department comments can be found on Attachment D and applicable proffers in Attachment E.
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 6:00 pm Mondays through Fridays, staff believes normal operating hours
(excluding emergency visits) should end at 5:30 pm (M -F) to avoid other impacts.
Staff recommends approval of HOCA 2009-0027 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.
These hours of operation shall not apply in an emergency.
2. Clients shall be scheduled with a minimum of 10 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 Maps
Attachment C - Applicable Zoning Ordinance Sections
Attachment D — Zoning Department Comments
Attachment E - Belvedere Affordable Housing proffers
21 January 2009
Jaundiego Wade
Transportation Planner
County of Albemarle
Community Development Dept.
401 McIntire Rd.
Charlottesville, VA 22902-4596
Dear Juan:
ATTACHMENT A
This letter is in reference to my Home Occupation Application for my massage therapy practice
in my home at 658 Tyree Lane, Charlottesville, VA 22901. Per our discussion, I am seeking to make a
modification to my application that will increase the client visits to my office from seven per week to 5 -
7 per day.
These are the specifics about my business that we discussed:
1. That clients can visit my office, one at a time during business hours, 9 am -6 pm, with an
occasional late client if need be.
2. Office hours are Monday — Friday, with no weekend hours offered.
3. The office is in my Carriage House unit behind the house with a separate entrance.
4. Parking is on the street near the Carriage House.
5. 1 work as a solo practitioner with no other person working with me or on premises.
There are no other specifics that I can think of. Please email me or telephone me with questions,
katerest@gmail.com, 434-996-2002.
Thank you for your help in this matter.
Sincerely,
Kate White
658 Tyree Lane
Charlottesville, VA 22901
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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 with home occupation, Class B;
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. 0 1 -18(3), 5-9-01)
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VIRGIN�P
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
To: Juandiego Wade, Transportation Planner
ATTACHMENT D
Fax (434) 972-4126
From: John Shepherd, Manager of Zoning Administration
Subject: H0200900027 Belvedere Integrated Healing Arts
Date: February 3, 2009
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;
.IS.- 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 41.
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 of the ordinance.
ATTACHMENT E
I'D