HomeMy WebLinkAboutSP201000016 Staff Report 2010-09-14COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: SP 2010 -16 Forest Lakes
Staff: Summer Frederick
Farmers Market
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
September 21, 2010
Not scheduled
Owners: Forest Lakes Community Association,
Applicant: Scott Elliff
Inc
Acreage: Approximately 6.55 acres
Special Use Permit (SP 2010 -19): To allow a
farmers' market one (1) day a week, Tuesday,
from 4:OOpm to 7:OOpm. Section 10.2.2 (54)
Farmers' Markets; and 5.1.47 Farm Stands,
Farm Sales, and Farmers Markets.
TMP: Tax Map 4665, Parcel 1B
Existing Zoning and By -right use: Planned Use
Location: 1650 Ashwood Boulevard (Route
Development (PUD) - residential (3 - 34 units per
1670), in the Forest Lakes South
acre), mixed with commercial and industrial uses
development.
Magisterial District: Rivanna
Conditions: No
Proposal: To operate a farmers' market on -site
Requested # of Dwelling Units: NA
one (1) day a week from 4:OOpm to 7:OOpm.
Development Area: Hollymead Community
Comprehensive Plan Designation: Neighborhood
Density — residential (3 -6 units /acre) and
supporting uses such as religious institutions and
schools and other small -scale non - residential uses;
and Institutional — schools, universities and
colleges and ancillary facilities and public facilities
and utilities.
Character of Property: The site is developed
Use of Surrounding Properties: The site is
with a neighborhood swim club, tennis courts,
surrounded by single - family residential units and
and associated parking area.
other recreation uses.
Factors Favorable:
Factors Unfavorable:
1. The farmers' market would promote
Staff has identified no unfavorable factors.
and preserve agricultural businesses in
the County.
2. The farmers' market helps promote
neighborhood focused activities.
RECOMMENDATION: Staff recommends approval of Special Use Permit, with the following
conditions:
1. Site layout shall be in general accord with the application plan submitted.
2. Addition of No Parking signs along Ashwood Boulevard in front of the existing Swim and
Tennis Club.
STAFF: Summer Frederick
PLANNING COMMISSION DATE: September 21, 2010
BOARD OF SUPERVISORS DATE: Not scheduled
SP 2010 -16 Forest Lakes Farmers Market
PETITION
PROJECT: SP201000016 Forest Lakes Farmers Market
PROPOSED: To allow a farmer's market one (1) day a week from 4:00pm to 7:00pm during the
months of April through September.
ZONING CATEGORY /GENERAL USAGE: Planned Use Development (PUD) - residential (3 - 34 units
per acre), mixed with commercial and industrial uses
SECTION: 20.3.2(9) Farmers' Markets; and 5.1.47 Farm Stands, Farm Sales, and Farmers Markets
COMPREHENSIVE PLAN LAND USE /DENSITY: Neighborhood Density in the Hollymead Community -
residential (3 -6 units /acre) and supporting uses such as religious institutions and schools and other
small -scale non - residential uses.
ENTRANCE CORRIDOR: Yes No X
LOCATION: 1650 Ashwood Boulevard (Route 1670), in the Forest Lakes South development
TAX MAP /PARCEL: 046135 -00 -00 -001130
MAGISTERIAL DISTRICT: Rivanna
CHARACTER OF THE AREA
The subject parcel is currently the site of a neighborhood swim & tennis club, and associated
parking areas. The surrounding parcels are primarily single - family residential, with other
recreational uses as well. (See Attachment A, Location Map)
SPECIFICS OF THE PROPOSAL
SP 2010 -16, Forest Lakes Farmers Market. This proposal is to operate a farmers' market one (1)
day a week, between the hours of 4:00pm and 7:00pm. (See Attachment B, Special Use Permit
Application with plan)
PLANNING AND ZONING HISTORY
SDP1993 -64: Forest Lakes Clubhouse: Site plan to construct Club House and associated recreation
facilities.
SDP1995 -043: Forest Lakes South Clubhouse: Minor Amendment to alter landscaping on
Clubhouse parcel.
SP2004 -17: Forest Lakes South Swim and Tennis: Special Use Permit for residents of both Forest
Lakes South and Forest Lakes North neighborhoods to use the swim and tennis club.
CONFORMITY WITH THE COMPREHENSIVE PLAN
Land Use Plan
This property is located in the Hollymead Community, and is designated Neighborhood Density
Residential, and Institutional in the current Land Use Plan. The purpose of the Neighborhood
Density Residential designation is to provide for residential (3 -6 units /acre) and supporting uses
such as religious institutions and schools and other small - scale, non - residential uses. The proposed
use of a once -a -week farmers' market is a small - scale, non - residential use and so does not conflict
with this purpose.
STAFF COMMENT
SP 2010 -19. Regarding the provisions of Section 31.6.1 of the Zoning Ordinance, staff notes the
following:
31.6.1: Special use permits for uses as provided 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,
that the character of the district will not be changed thereby,
Parcel 1B is an approximately 6 -acre piece of land located within the Forest Lakes South subdivision
(See Attachment A, Location Map). The surrounding properties include both single - family
residential, and other recreational uses.
The proposed farmers' market will not be a detriment to adjacent properties, nor will it change the
character of the district.
and that such use will be in harmony with the purpose and intent of this ordinance,
The stated intent of the Planned Unit zoning district is:
to serve as neighborhoods or mini - neighborhoods within designated communities and
the urban area.
A farmers' market is a commercial use that directly supports neighborhood or mini - neighborhood
activities by providing residents the opportunity to purchase fresh, locally grown produce.
with the uses permitted by right in the district,
By -right uses in a Planned Unit district include various types of residential, public, institutional, and
neighborhood related uses. A farmers' market isa use that supports neighborhood functions, so it
will be compatible with by -right uses in the district.
with additional regulations provided in section 5,
Section 5.1.47 Farm Stands, Farm Sales, and Farmers Markets lists the following regulations that
apply to the proposed farmers' market (Staff comments is provided for each provision in italics.):
a. Zoning clearance. Notwithstanding any other provision of this chapter, each farm stand, farm
sales use, and farmers' market shall obtain approval of a zoning clearance issued by the zoning
administrator as provided by section 31.5 before the use is established as provided herein:
1. Application. Each application for a zoning clearance shall include a letter or other
evidence from the Virginia Department of Transportation establishing that it has
approved the entrance from the public street to the proposed use and:
(b) Farmers' markets. For farmers' markets, an approved site plan waiver as
provided in section 32.2(b).
The applicant will be required to apply for Zoning Clearance if the Special Use Permit is approved.
b. Structure size. Structures used in conjunction with a farm stand, farm sales use, and farmers'
market shall comply with the following:
3. Farmers' markets. Any new or existing permanent structure may be used for a farmers'
market without limitation to its size.
The applicant is not proposing to use any structures for the farmers' market. It is intended that
vendors will provide their own tents, tables, or other necessities from which to sell their produce.
c. Yards. Notwithstanding any other provision of this chapter, the following minimum front, side
and rear yard requirements shall apply to a farm stand, farm sales use, and farmers' market:
1. New permanent structures and temporary structures. The minimum front, side and rear yards
required for any new permanent structure or temporary structure shall be as
provided in the bulk and area regulations established for the applicable zoning district,
provided that the minimum front yard on an existing public road in the rural areas (RA)
zoning district shall be thirty -five (35) feet. The zoning administrator may reduce the
minimum required yard upon finding that: (i) there is no detriment to the abutting lot; (ii) there
is no harm to the public health, safety or welfare; and (iii) written consent has been provided by
the owner of the abutting lot consenting to the reduction.
2. Existing permanent structures. If an existing permanent structure does not satisfy any
minimum yard requirement under subsection 5.1.47(c)(1), the minimum yard required shall be
the distance between the existing permanent structure and the street, road, access easement
or lot line on May 5, 2010 and that distance shall not be thereafter reduced. An enlargement or
expansion of the structure shall be no closer to a street, road, access easement or lot line than
the existing structure.
The area in which the farmers' market is proposed to take place meets all current yard
requirements.
d. Parking. Notwithstanding any provision of section 4.12, the following minimum parking
requirements shall apply to a farm stand, farm sales use, and farmers' market:
1. Number of spaces. Each use shall provide one (1) parking space per two hundred (200)
square feet of retail area.
2. Location. No parking space shall be located closer than ten (10) feet to any public street
right -of -way.
3. Design and improvements. In conjunction with each application for a zoning clearance, the
zoning administrator shall identify the applicable parking design and improvements required
that are at least the minimum necessary to protect the public health, safety and welfare by
providing safe ingress and egress to and from the site, safe vehicular and pedestrian circulation
on the site, and the control of dust as deemed appropriate in the context of the use. The zoning
administrator shall consult with the county engineer, who shall advise the zoning administrator
as to the minimum design and improvements. Compliance with the identified parking design
and improvements shall be a condition of approval of the zoning clearance.
The applicant has provided for the appropriate number of spaces, as required. All proposed parking
spaces meet location and design requirements. It is noted that it is possible for patrons to pull off
along Ashwood Boulevard, and park within the right -of -way. The applicant has agreed to monitor
the situation, and staff recommends the addition of No Parking signs along this portion of road (See
Attachment B, Special Use Permit Application with plan).
and with the public health, safety and general welfare.
Staff believes that the proposed farmers' market will provide a needed service to area agricultural
businesses, as well as local residents. It is using an existing large parking lot providing an in -town
venue for farmers to sell their products, helping to promote and preserve the agricultural nature of
the County as set forth in the Comprehensive Plan.
The Zoning Administrator, the County Engineer, a representative of Fire /Rescue, VDOT staff,
Architectural Review Board staff, and Current Development staff have reviewed this proposal, have
indicated no objection to the proposed farmers' market use, and have made no recommendations
for additional improvements to address health and safety considerations.
SUMMARY
SP 2010 -16. Staff has identified the following factors that are favorable to this application for a
farmers' market:
1. The farmers' market would promote and preserve agricultural businesses in the County.
2. The farmers' market helps promote neighborhood focused activities.
Staff has identified no factors that are unfavorable to this request.
RECOMMENDED ACTION
Staff recommends approval of SP2010 -19, with the following conditions:
3. Site layout shall be in general accord with the application plan submitted.
4. Addition of No Parking signs along Ashwood Boulevard in front of the existing Swim and Tennis
Club.
ATTACHMENTS
A. Location Map
B. Special Use Permit Application with plan
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