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Home My WebLink AboutSP200800066 Legacy Document 2009-06-16COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP 2008 -66 20 South Office Staff: Eryn Brennan, Senior Planner Planning Commission Public Hearing: Board of Supervisors Public Hearing: June 23, 2009 tbd Owner: Clifton McCleskey, Trustee and Mary jo Applicant: Pierce McCleskey McCleskey, Trustee Acreage: 65 acres Special Use Permit: Sec. 10.2.2.(31) Home Occu ation Class B TMP: TM 102, P 17E Existing Zoning and By -right use: Location: East side of Route 20 Scottsville Road, RA -- Rural Areas: agricultural, forestal, and approximately one - quarter mile north of Route fishery uses; residential density (0.5 unit /acre in 708 Red Hill Road development lots) Magisterial District: Scottsville Conditions: Yes RA (Rural Areas): X Requested # of Dwelling Units: NA Proposal: Amend SP 200200022 (Home Comprehensive Plan Designation: Rural Areas Occupation Class B) to allow three storage sheds - preserve and protect agricultural, forestal, open for an existing catering business space, and natural, historic and scenic resources, residential density (0.5 unit/ acre in development lots) Character of Property: A hilly, heavily forested Use of Surrounding Properties: The parcel is site in the north portion of property and area along located in the Southern Albemarle Rural Historic the west entrance drive; southern portion where District and surrounded by large residential farms house and business structures are located is and forests. An Agricultural/Forestal District cleared. abuts the western edge of the parcel. Factors Favorable: Factors Unfavorable: 1. The storage sheds minimally impact the None existing character of the site. 2. There is no impact on adjacent property resulting from the storage sheds. 3. The sheds are compatible with the design and scale of the existing buildings on the site. 4. The sheds do not generate an increase in traffic. RECOMMENDATION: Staff recommends approval of this Special Use Permit with conditions. SP 2008 -66 20 South Office PC June 23, 2009 Staff Report Page 1 STAFF PERSON: ERYN S. BRENNAN PLANNING COMMISSION: JUNE 23, 2009 SP 2008 -66 20 SOUTH OFFICE Petition: PROJECT: 2000800066 - 20 South (Amendment) PROPOSED: Amend SP 200200022 (Home Occupation Class B) to allow three storage sheds for an existing catering business 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 (3 1) Home Occupation Class B COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre in development lots) ENTRANCE CORRIDOR: No LOCATION: 1156 Roundtop Farm; east side of Rt. 20 Scottsville Road, approx. 1400 feet north of Rt. 708 Red Hill Rd. TAX MAP/PARCEL: 102000000017EO MAGISTERIAL DISTRICT: Scottsville Character of the Area: This area is characterized by rolling terrain containing farmland, hedgerows, scattered residential, and forestland. The property is accessed from a side road, Roundtop Farm, off of Scottsville Road. The parcel is located in the Southern Albemarle Rural Historic District and abutted by the Carter's Bridge Agricultura/Forestal District to the west (see Attachment A). Farms of significant historic importance are located in this area of the County. Specifics of the Proposal: The applicant was unaware that construction of additional sheds used for the 20 South catering business would require an amendment to SP- 2002 -22 for this site, and has already constructed the three storage sheds to store catering equipment (see Attachment B). Therefore, the applicant is seeking retroactive approval for one 10' x 16' and two 10' x 14" storage sheds on the site adjacent to the catering kitchen. No plumbing or electrical wiring is associated with the storage sheds. The concept plan for the existing kitchen and storage sheds is included as Attachment C. A photograph of the storage sheds is included as Attachment D. Planning and Zoning History: A special use permit, SP- 2002 -22, to allow a Home Occupation Class B for a catering business to operate on the site was approved on September 4, 2002. An application for amendment to the special use was submitted by the applicant in March; initially, the application requested to allow the construction of three storage sheds and an office trailer. Since the time the application was submitted, the request to construct an office trailer has been withdrawn. 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 catering business relies on local growers for its services and, therefore, supports agricultural uses in the Rural Areas, and promotes economic viability for a rural landowner, both of which are goals outlined in the Rural Areas section of the Comprehensive Plan. STAFF COMMENT: Staff addresses each provision of Section 31.2.4.1 of the Zoning Ordinance: SP 2008 -66 20 South Office PC June 23, 2009 Staff Report Page 2 31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, The storage sheds do not represent an increased intensity of use. Associated traffic patterns or overall activity on the site will not change as a result of this proposal. Staff feels there will be no detrimental impacts on adjacent property resulting from the two 10' x 14' and one 10' x 16' storage sheds on the site as the sheds will not be visible from those properties. that the character of the district will not be changed thereby and This application has been reviewed by the Architectural Review Board staff, and they have determined that the proposed use is not expected to have an impact on the EC since the sheds are not visible from the EC. The sheds are also not visible from adjacent properties and therefore have no detrimental impact on the character of the district. that such use will be in harmony with the purpose and intent of this ordinance, The purpose of the Rural Areas Zoning District is the 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. The addition of sheds on the rear of the property would not conflict with the intent of the RA District as they will simply provide storage for the currently approved home occupation. with uses permitted by right in the district, The Home Occupation, Class B for a catering business on this site is permitted by special use permit in the RA District, and provides support for by -right uses in the area, such as agriculture and wineries, as the applicant purchases local food and wine for his catering business. Sustaining the County's Rural Area zoning district is dependent on including uses that support agricultural and forestal communities. The proposed storage sheds would not otherwise affect the uses permitted by right in the RA District with the additional regulations provided in section 5.0 of this ordinance, The proposed storage sheds meet the additional regulations provided in section 5.0 of the ordinance, regarding Home Occupations, Class B. The square footage of the all the sheds totals 440 square feet and, measured internally, the area of the kitchen is 1,035 square feet; therefore, the total area of all the structures associated with the Home Occupation, Class B does not exceed the maximum 1,500 square feet allowed (see Attachment E). The sheds are also compatible with the design and scale of the buildings on the site, including the main residence and barn, evident in the use of gable roofs, 4/4 windows, and rustic style, barn-like double doors (see Attachment F). The storage sheds also do not generate additional traffic on the site. and with the public health, safety and general welfare. The Virginia Department of Transportation and the Health Department have reviewed this application and have not offered any concerns or recommendations. No changes to the access have been proposed or will be required. SUMMARY: Staff has identified the following factors favorable to this application: 1. The storage sheds minimally impact the existing character of the site. 2. There is no impact on adjacent property resulting from the storage sheds. 3. The sheds are compatible with the design and scale of the existing buildings on the site. 4. The sheds do not generate an increase in traffic. SP 2008 -66 20 South Office PC June 23, 2009 Staff Report Page 3 Staff has not identified any factors unfavorable to this application. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2008 -066 20 South Office, with the following conditions (the conditions approved with SP 2002 -22 are included below; new conditions are italicized): 1. Special Use Permit SP 2008 -66 20 South Office shall be developed in general accord with the concept application plan, provided by the applicant and received March 16, 2009 (Attachment Q. However, the Zoning Administrator may approve revisions to the concept application plan to allow conformance with the Zoning Ordinance; 2. There shall be no on -site sales; 3. There shall be no outdoor storage of materials; 4. All requirements of the Health Department shall be satisfied; 5. No additional outdoor lighting shall be allowed without an amendment to this Special Use Permit. ATTACHMENTS Attachment A — Aerial Map Attachment B — SP 2002 -22 Staff Report Attachment C — Board of Supervisors Action Letter and Conditions for SP 2002 -22 Attachment D — Concept Plan Attachment E — Photograph of three storage sheds Attachment F — Photograph of Kitchen Attachment G — Photograph of Workshop SP 2008 -66 20 South Office PC June 23, 2009 Staff Report Page 4 Attachment A Aerial Map SP- 2008 -8E, 20 South OfFiGe 2DO 400 600 8a0 Feet SP 2008 -66 20 South Office PC June 23, 2009 Staff Report Page 5 Attachment B STAFF PFRSON: Steven Biel PLANXI<NG CON S ION: August 6, 2002 BOARD OF SUPERVISORS: September 4, 2002 SP 2002 -022 South Kitchen A ]ieant's Prop osal: The applicant, Mx- Fierce McCleskey, has requested approval; of a special use permit for a Nome Occupation — Class B, to allow for the operation of a catering kitchen that would operate on a somewhat seasonal basis (I tss activity January though March and July through August; more activity Apri 1 through June and September through December). My, McCleskey is proposing to construct a 44' x 22'(968 sq- ft-) kitchen to be used for preparing food for events off-site- A private road from Route 20 accesses the site and minimal traffic would be generated by the proposed use- r. McCleskey shops for food products at local markets; therefore, there would be limited deliveries to the site- NIfx- McCleskey also plans to utilize an on -site garden that would provide fi esh produce to be used in food preperation. It would not be necessary to remove any trees in order to cotxstract the pmposed kitchen, Presently, Mr. McCleskey does not plan to have any employees on -site, but he would frequently hire contract workers to work off -site at the event. Any future consideration for the hiring of employees would be limitod to no more than two employees, which is permitted under the definition of Home Occupation, Class $. Petitions: Request for special use permit to allow a Home Occupation Class B for a catering business, in accordance with Suction 10.2.2(31) of the Zoning Ordinance which allows for Rome Occupations Class B. The property, described as Tax Map 102 -17E, contains 65 acres, and is located in the Scottsville Magisterial District on the east side of Route 20 north of its intersection of Route 708 at 1138 Poundtop )Farm- The property is zoned RA aural Area. The Comprehewive Plan designates this property Rural Area, character of the Area: The property under -wiew contains 55 acres, and the surrounding area can be characterized as heavily wooded and farmland, A ith minimal residential deveiopment (Attachment D). Planning n Zoning Histor : The property is located adjacent (northcast) to the Carter's Bridge Agricultural and Forestal District. The Agricultural and Forestal Committee has reviewed the proposed use atd bas recommended appraval of this application, Comprehensive Plan: The Compreheasive Plan idmtifies this site and surmunding area as being located in t1z lan offers no specific comment regarding home occupations in the Rural Area. Howcver, the level of intensity of the propose$ use would be compatible with the character of the Rural Area. SP 2002 -22 Judy 24 = SP 2008 -66 20 South Office PC June 23, 2009 Staff Report Page 6 RE OALN NDATT l: Staff has reviewed these requests for compliance with the provisions of Section 31.2.4.1 of the zoning ordinance and recommends approval of SP 2002 -022, based on its consistency with the Comprehensive Plan. STAFF C 02M ENT: Staff will address each provision of S ection 31.2.4.1 of the Zoning Ordinance, The Board of Supervi sors hereby reserves unto itself the ri ght to issue all Vecial use permits permitted hereundcr,__ SPecial use permits for uses as provided in this ordinance may be issued upon a finding bar the Board of Supervisors that such use will not be of substantial detriment to adiacent IU=M- This proposal would result in a very minimal increase in vehicular traffic, as there would be no on -site sales or customers. However, there would be an occasional delivery of supplies via Mans or UPIFEDEX -type vehicles, The private road from Route 20 to the site would not acc =modate larger trucks. Mr. M<.Cleskey would do most of his shopping in local markets to supplement the prod=s that is grown in his garden. Heavily wooded areas, farmland, and minimal residmdal development surround the site. The location of the proposed kitchen would not be visible from any adjoining properties as the location of the proposed kitchen is in the interior of the 65 -acre parcel, that the character of the distrio YJ11 not be changed thereby, It is the opinion of staff that this home occupation would not result in any increased levels of activity on the site that would be inconsistent with the character of the area. and that such use i11 be in harmony with the p=ose and intent of this ordinance, Staff has reviewed the purpose and intent as contained in Chapterl S, S ectiaas 1.4, 1.5, and 1.6 of the Albemarle 2rcning Ordinance. In the opinion of staff, the proposed use would not conflict with the purpose and intent as described in the Z<ming Ordinance. With the uses permitted by right in the district, TIds use wouId not prevent by -rigbt use of the adjacent properties. SP July z�, �vo� ar /wo -oo w 3uuui vuiCe PC June 23, 2009 Staff Report Page 7 with addit final regulations provided in Section 5.0 of this o rdinance, home occupation permits are governed by Section 5.2.2 of the Albemarle Zoning Ordinance. The proposed request complies with the provisions of this section of the Ordinance (Attachment E). and with the mblic heal LL safety and general welfare. Where would be no adverse impact on public health, safety, and Smerai wel ure. The Department of BWldin.g Code and Zoning Services, Department of Engineering, Virginia Department of Transportation, and Deparpmeut of Environmental Services had no particular concerns with this proposed use. The Zoning D epart meet specifically noted that the applicant must reside on the prcmises while conducting the proposed activity. Mr. Mc leskey is scheduled to move into an existing residence on the property August 1, 2002, located near the proposed kitchen (Attachment D). Also, it should be noted his parents own the property and another residence where they reside. UNIM R : Staff has identified the following factors favorable to this application: 1. The proposal is conkstent with the provisions of Section 31.2.4.1. 2. The level of intensity of the proposed 14tchen would be consistent with the character of the Rural Area. 3. The proposed use would be supportive of agricultural uses, as the applicant would grow produce to be used in the proposed catering business. Staff has not found any factors that are unfavorable to this request. Therefore, staff is able to support this request_ RECD IE DED ACTION: Basel on the findings contained in. this staff report, staff recommends approval of SP 2002 -022, subject to the following conditions: 1_ There shall be no on -site sales. 2. 'There shall be no outdoor storage of materials. 3. All requirements of the Health Department shall be satisfied. Attachments: A. - Application and Plain B - Location Map - Tax Map 17 - Aerial Map E - Regulations Governing Home Occupations sF ,2s dub' 24, M02 SP 2008 -66 20 South Office PC June 23, 2009 Staff Report Page 8 Attachment C COUNTY OF ALRENLARLE Depwt"=t off Planning & Com=ity ncretopment 401 Mcintire;Lmd, Rome 21$ ChuloMsvilla, Virginia 229U -4j {G (434) 296 - $$23 Fax (434) 972 - 4012 September 16, 2002 Pierce McCleskey 7967 Scottsville Road Scottsville. VA 2.4590 RE= SP -02 -22 24 South Kitchen, Tax Map 102, Parcel 17E Dear Mr. McCleskey- The Albemarle County Board of Supervisors, at its meating on September 4r 2002, unan imously approved the above -noted request, PEeass note that this approval is subject to the following 000itions; i- There Shall be no on -site sales; 2- There shall be no outdoor storage of materials; and I All requirerrtents of the HeaNh Department shall be satisfied . In the event that the use, structure or activity for which this specia I use permit is issued shall not be oammenced within twenty -four (24) months after the issue nce of such permit, the same shall be deemed abandoned and the authority granta d thereunder shall thereupon terminate. For purposes of this section, the term 'cpmmeued' "l1 be const uad to include the comrmemement cf construcl;ion of any shicture necessary to the use of such permit vrithin two (2) years from the Gate of the issuance- Please oe aware that establlshment and operation of a Home Occupations, Class B use is subject to supplementary regulations of the Zoning Ordinance (Section 5.2)- Copies of the supplementary regulations are anached. Before beginning this use. you must oblai n a son ing clearance from the Zoning Department. Before the Zzing Department WJI issue a clearance, you must comply with the oonditions in this letter. For further Inkrmatiort, please call Jan Sprinkle iot 296-5823. If you should have any questions or oo mmenM regarding the a Nwe -noted action, please do not hesitate to contact me, Slnoerely, V. Wayne Cilimb g Director of Plan ing & Community evelopm Lt Vvvcficf ATTACHMENTS Ca Amelia McCulley Jack Kelsey TexWesver Steve NIshouse Matt Crimes, VDOT SP 2008 -66 20 South Office PC June 23, 2009 Staff Report Page 9 y, SP 2008 -66 20 South Office PC June 23, 2009 Staff Report Page 10 #k Attachment D �� 1 Attachment E WE MMff- SP 2008 -66 20 South Office PC June 23, 2009 Staff Report Page 11 Attachment F SP 2008 -66 20 South Office PC June 23, 2009 Staff Report Page 12 Attachment G SP 2008 -66 20 South Office PC June 23, 2009 Staff Report Page 13