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HomeMy WebLinkAboutHO200900057 Legacy Document 2009-03-17COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: HOCA 2009-0057 Staff: Juandiego R. Wade Planning Commission Work Session OR Board of Supervisors Public Hearing: (if Public Hearing: applicable) NIA March 24, 2009 Owner: Joseph Dane, PhD Applicant: Joseph Dane, PhD Acreage: 1.4970 Home Occupation Class A Modification TMP: 031 BO -00-00-15700 By -right use: Planned Unity Development — Location: Earlysville Forest Residential Magisterial District: White Hall Proffers/Conditions: Yes Proposal: Home Occupation Class A Requested # of Dwelling Units: (if (HOCA) modification for the number of applicable) vehicle trips associated with the applicant's home occupation at 4310 Beaver Creek Road DA (Development Area): No Comprehensive Plan Designation: RA (Rural Area): Yes Character of Property: Residential Use of Surrounding Properties: Residential Factors Favorable: Factors Unfavorable: RECOMMENDATION: Approval with conditions COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: HO 2009-00057, Counseling Services Home Occupation Class A Modification SUBJECT/PROPOSAL/REQUEST: Home Occupation Class A (HOCA) modification for the number of vehicle trips associated with the applicant's home occupation at 4310 Beaver Creek Road STAFF CONTACT(S): Benish, Wade AGENDA DATE: March 24, 2009 ACTION: Yes INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes BACKGROUND: The applicant, Mr. Joseph Dane, PhD, has requested a Home Occupation Class A —HOCA modification (applicant request — Attachment A) for the number of vehicle trips associated with the applicant's home occupation (counseling practice) at 4310 Beaver Creek Road (location map — Attachment B). The counseling services are proposed to take place in the basement of the applicant's home. The applicant is not requesting additional employees and, therefore, this does not necessitate a special use permit for a Home Occupation Class B. (The Zoning Ordinance defines Home Occupation Class A as, "An occupation conducted in a dwelling unit for profit in connection with which no person other than members of the family residing on the premises is engaged in such occupation". Further, it defines a Home Occupation Class B as, "An occupation conducted in a dwelling unit, with or without the use of one or more accessory structures, for profit, in connection with which there are employed not more than two (2) persons other than members of the family residing on the premises, which persons may be in addition to such family members".) A Home Occupation Class A is only subject to administrative approval by the Zoning Division provided it meets the provisions of Section 5.2.2.1 of the zoning ordinance. In this case, the applicant is seeking a modification of Section 5.2.2.1.d (Attachment C) which states, "No traffic shall be generated by such a home occupation in greater volumes than would normally be expected in a residential neighborhood " The standard traffic generation for single family detached homes is 10 vehicle trips per day. The County's Zoning Division will allow one guest (or client) per day (seven per week) for administratively approved home occupations, which results in two (2) vehicle trips per day (or 14 spread through out the week). Multiple clients per day and classes/group sessions are not allowed without modification because the traffic generated would exceed this allowed amount. The supplemental regulations governing home occupations do not permit the Zoning Division to administratively increase the number of trips beyond their allowance. However, the Planning Commission has the authority to grant modifications to the supplemental regulations, including the limitations to traffic generation associated with Home Occupation Class A. DISCUSSION: There will be no medical procedures performed at the home and there will be no signage associated with this request. The home is located on Beaver Creek Road, a cul-de-sac with five homes in the Earlysville Forest subdivision. The most current traffic count for Beaver Creek Road is 80 vehicle trips per day. As Beaver Creek Road is located near the Advance Mills Road entrance to Earlysville Forest, the applicant will direct clients to use that entrance rather than the Earlysville Road entrance so that clients will not travel through the entire subdivision Staff has evaluated this request based on the transportation impacts to the Earlysville Forest subdivision. The applicant is requesting up to eight clients per each day of operation. This will generate an additional sixteen (16) trips on those days in addition to those trips normally associated with the home. The potential impact of the resulting 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. The applicant has proposed to operate the business on Sunday 8 a.m.-6 p.m., Monday, 8 a.m.-9 p.m., Tuesday, 8 a.m.-7 p.m., and Wednesday 12 noon -8 p.m., and to hold group sessions on Monday nights from 6:45 p.m. — 8:45 p.m. Appointments last for 1 hour, with one car per client expected for any given appointment. After hours and Sunday hours are necessary to serve clients who are not able to come during more "normal' weekday hours. For similar requests in the past, staff has typically recommended hours of operation on weekdays only ending at 5:30 to minimize any potential conflicts with traffic and residential parking needs in the neighborhood after "normal' work hours when other residents are returning or have returned home from work. Exception has been made for emergency visits outside of these days/hours. For this particular modification, staff believes the days and hours of operation would not negatively impact the residents or neighborhood as the associated trips will generally be off-peak and the applicant will be able to accommodate all of the associated parking off the street and on site. The Earlysville Forest Homeowners Association also fully supports the use (Attachment D). 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 or that the extended hours of operation will negatively impact the neighborhood. Therefore, staff can support the modification of Section 5.2.2.1.d regarding traffic. Staff recommends approval of HOCA 2009-00057 with the following conditions as verified by Zoning: Client visits to the site shall be limited to Sunday 8 a.m.-6 p.m., Monday, 8 a.m.-9 p.m., including group sessions from 6:45 p.m. -8:45 p.m., Tuesday, 8 a.m.-7 p.m., and Wednesday 12 noon -8 p.m. These hours of operation shall not apply to emergency visits. Clients shall be scheduled with a minimum of 10 minutes between appointments; The conduct of the home occupation shall generate no more than sixteen total vehicle trips per day to the site (one client visit equals 2 vehicle trips) except on Monday nights when group sessions are held. ATTACHMENTS Attachment A — Letters From Applicant Requesting the Modification Attachment B — Location Map Attachment C - Applicable Zoning Ordinance Sections Attachment D - Letter from the Earlysville Forest Homeowners Association Board � �-JIVIVOr� I I.NIUQl7 V I LVVJ J.Y:I r IVI VVJGI.JII UQIIGi rII. U. YJY'J! J-VLVJ Application for Home Occupation Class A Permit E�Home Occupation Class A Permit = S13.00 Name of Businems:-JOSX-a t"F �/�/1/ri 6y 2) LL/0 %�ca.L BoZ �jy�g/03r%/ Ta: mxp and pxrat; 1�03 /,&C 00,00 � 0 /S70o gistcrixl District: ATTACHMENT A Zoning: I __4-l1>©f Phyxieal Street Address (if assincd): D /0 �/�i9 f/�� /'� � P-1 ,�.►,4_[�j r[�( �� rA +'Cl-ir/ I Locarlon ofpropcny (lundmurks, inlcscclions, orvlhcr): Ci' / r ` { Wil; E N/ i s li c 1. z r /-» Contact Person (who should we call/write couccmiag this projcct7), ��p iE 0/1` e Addtcec S/�/f1� Ciry - /State Daynmel'hme(� `f6G.38So r'ax11( �% /�%S [rmnil u10(ar)C_ �A (�1A74/ Owner of Record 5 e I L o q- Addrexs __ y�J y 1F - -- -y Ciry Stine 7ip llu�a y lio PLV�O (yJy- �/ 7 T'nx N E-mail S /7 —L'va jc�4 S'07 Applicant (Who is the Cunluc( perboa mprewenling?): yr O Addroxr S/� Ciry Daytime Phoue (__) S " e k"al ft (_) i" -mail ..____ Slate %.ih -_. I am a Clinical Psychologist, & would like to see my clients in a home office that l want to put in the basement of my residence at 4310 Beaver Creek Rd. I already have authorization for this from Earlysville Horne Owners' Assoc., which also required approval of my neighbors. I currently ace clients 4 days a week. Sunday, 8-6, Monday, 11 AM - 9 PM, Tuesday, 10 AM — 6 PM, and Wednesday, 1pm - 8 PM. Availability of Sunday is crucial, since many people are not free during the week_ On any given week, I sea 25 - 30 clients. I also do a group on Monday nights (6:45 -8:45) which typically involves 4 people maximum. Appointments last for 1 hour, with 1 car per client, meaning 1 car (sometimes 2 for couples) for any given appointment. My home is on a cul de sac with only 5 houses, and close to the entrance to the subdivision, meaning minimal additional traffic in the subdivision. The property has ample room for off street parking which is not visible to the street. No signage will be involved. ICOR OFFICE USE ONLY HO It rcc Amnupt $ r)atc Paid By who? Receipt N CX# By: County of Albemwrle Dep)artment of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fait: (434) 972-4126 5/l/U61>agc 1 nE2 .-.aLuivay, rcuivary or, wvy e.tie rive jo,,epn vane, rn.u. w�ti-yip-vto� ATTACHMENT A Tyix of Business ����N/� i9 i r a r�Q G y �W- ra A 7; P2, ,r ri ce Does the Public visit the sitz' Ye, or No ThLis ccrtilicalc in coajumction with a htume" ixecusc>_ rLpnscutfi :coning approval tp oou(tuot the Humc Oocupation identified a6avc. Rome Occupations, Class A mast he conducted a) cntircly within the dwellfoA pud are not allowed in any accessory sixuc(urc, such as a detached garage: and b) must be conducted IN the ownedappEcunl (ane] other family mentbets) residing in the dwelling.. II(rmc Occupations, Class A arc also subject to the following reFt, icliuns: 1) Fmployees not living iu the dwelling aro not allowed. 2) Thcrc shall be no change in the outside arrctiraruwe of the btdldings or lwemises, or uthsr visible evidence of the conduct of such home occupation. 3) Outside storage of rnaten"ah used in the humc occupation is not aIlowcd. 1) On -premise sales of goods, other than items hand-eruftcd on the premises, is not allowed. 5) No more than 2.50/of flit floor urea of the dwelling may be dcvotcd to flit Home (hcupadon; and the total arca tk;votcd to such occupation shttll not exceed 1,500 square feet 6) No trt.ffte shall be generated in greater volumes than would nurrnutly be expected in a residential nCil{ltlwrhuud. 7) Any need to parking shall Ix met off l}fu -,Ar=t. 8) All home occupations shill coruply withperfurmnncc standards set forth m Section 1.14. Owner/Applicant Must Read and Sign I hereby apply for approval to conduct the t lome Occupation identified above_ and certify that this address i9 my legal residence. X also certify that I have read the restrictions on Hoene Occupations, that T understand them, ,and that 1 will abide by them, Pb J."r" tx'14 k" /,L,. . lure A Owncr, Contract PLZchaser, Agent Print .one Reviewer ('O N.D.I T) ON S: Date Daytttnc phonenumb�ofgrtatoty Date 5/1/06 Y'AMU 7. nf 7. ATTACHMENT A From: Joe Dane [mailto:irldane@gmail.com] Sent: Wednesday, January 28, 2009 4:06 PM To: Sherri Proctor Subject: Re: zoning question Ms. Proctor, I have finally been able to complete the approval process for my home office through the Earlysville Forest Home Owners' Association. You were kind enough to mention the possibility of a pre application conference. That would be most appreciated. I can be available pretty much any Wednesday up until noon, and all day any Thursday or Friday. Please let me know when this might be arranged. Just in case it is useful in refreshing your memory, I am including a verbal description of my proposal below: I am a Clinical Psychologist, and would like to be able to see my clients in a home office that I would like to put in the basement of my residence at 4310 Beaver Creek Rd. There are no children in our household, and no small children in any of the households on Beaver Creek Rd. The house is located at the top of the hill behind a slight bluff, and is not visible from the road, nor is the parking area in front of the house. Clients would be instructed to enter the subdivision from the Advance Mills end of Earlysville Forest Road, so there would be minimum impact on traffic within the subdivision, since Beaver Creek Rd is the third street in from Advance Mills Rd. There would be no impact on noise level to the neighborhood from my office activities. There would also be no signage, no parking on the street, and the parking area would not be visible from the street. There would be no need for external changes to the house, other than cosmetic landscaping to what will become the entrance pathway to my office. This pathway will run from the front of the house, between the house and the garage, and to the actual entrance of the proposed basement office space on the back (ground) level of the house. I currently see clients 4 days a week. My current office hours are Sunday, 8-6, Monday, 8AM - 9 PM, Tuesday, 8-7, and Wednesday, 12-8. On any given week, I generally see about 30 clients, though I will probably be scaling back the number of days I see clients (and the number of clients I see) in the near future. Appointments last for 1 hour, and generally involve 1 car per client, so may involve 2 cars for a given appointment, with 2-3 cars briefly during transition between clients. This means there would generally be 1-3 cars in the parking area during office hours. Mine and my wife's cars are parked in the garage. I do a group on Monday nights (6:45 -8:45) which typically involves 5 people maximum. I would not do activities in this office involving more people than such a group at any point, Gratefully, Joe Dane, Ph.D. A 'rr A � Ll 2 Z.< ATTACHMENT C 5Z 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; 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. 5.2.22 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) ATTACHMENT D From: Joe Dane [mailto:jrldane@gmail.com] Sent: Wednesday, February 11, 2009 10:26 AM To: Juandiego Wade Subject: Update and additional info Mr. Wade, Below is the summary confirmation email from the Earlysville Home Owners' Assoc. which I'd like to add to my application. Looking forward to hearing more. From: CABakewell <cabakewellOaoLcom> Date: Mon, Feb 9, 2009 at 11:07 AM Subject: RE: Home office description To: Joe Dane <'r17 daneQgmail.com> Cc: Geoff Alms <gra2p> a,comcast.net>, j h van der horn <j acobvanderhornnembargmail. com> Dear Mr. Dane: Your proposal to conduct office visits as summarized in this chain of e-mails is approved. Thank you for contacting your neighbors about the proposal. In the course of my discussions and e- mails with you, we have made clear that the Association's main concerns are that the office visits have a negligible footprint on traffic and parking, be essentially invisible and inaudible to your neighbors, and have no visible signage. Thank you for Your patience as we worked our way through the architectural review/approval process. Charles A. Bakewell Earlysville Forest Homeowners Association Board Point of Contact for Architectural Review 1070 Earlysville Forest Dr Earlysville, VA 22936 434.465.1317 cell 434.973.6697 home Joe