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Home My WebLink AboutSP201000019 Legacy Document 2010-09-14COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP 2010 -19 Afton Farmer's Staff: Summer Frederick Market Planning Commission Public Hearing: Board of Supervisors Public Hearing: September 21, 2010 Not scheduled Owners: Kenneth D or Yvonne G B Harris Applicant: Olive View Farm Acreage: Approximately 11.5 acres Special Use Permit (SP 2010 -19): To allow a farmers' market two (2) days a week from 3:00pm to 8:00pm. Section 10.2.2 (54) Farmers' Markets; and 5.1.47 Farm Stands, Farm Sales, and Farmers Markets. TMP: Tax Map 69, Parcel 13 Existing Zoning and By -right use: Rural Areas (RA) - Location: 9264 Critzers Shop Road, agricultural, forestal, and fishery uses; residential approximately one - quarter mile from the density (0.5 unit /acre in development lots); Entrance intersection of Route 151 and Route 637 Corridor (EC) - Overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access Magisterial District: Whitehall Conditions: No Proposal: To operate a farmers' market on -site Requested # of Dwelling Units: NA two (2) days a week from 3:00pm to 8:00pm. Rural Area: Rural Area 3 Comprehensive Plan Designation: Rural Areas — preserve and protect agricultural, forestall, open space, and natural, historical and scenic resources /density (0.5 units /acre in development lots). Character of Property: The site is developed Use of Surrounding Properties: The site is with a number of buildings including a surrounded by lots currently utilized for agricultural residence, a greenhouse, and several purposes. agricultural related outbuildings. Factors Favorable: Factors Unfavorable: 1. The farmers' market would preserve the Staff has identified no unfavorable factors. rural and agricultural character of the area. 2. The farmers' market is a agriculturally - related use that is to be encouraged, as stated in the Ordinance. RECOMMENDATION: Staff recommends approval of Special Use Permit, with the following condition: 1. Site lay -out should be in general accord with the application plan. STAFF: Summer Frederick PLANNING COMMISSION DATE: September 21, 2010 BOARD OF SUPERVISORS DATE: Not scheduled SP 2010 -19 Afton Farmer's Market PETITIONS PROJECT: SP201000019 Afton Farmers' Market PROPOSED: To allow a farmers' market two (2) days a week from 3:00pm to 8:00pm. ZONING CATEGORY /GENERAL USAGE: Rural Areas (RA) - agricultural, forestal, and fishery uses; residential density (0.5 unit /acre in development lots); Entrance Corridor (EC) - Overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access. SECTION: 10.2.2 (54) Farmers' Markets; and 5.1.47 Farm Stands, Farm Sales, and Farmers Markets. COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Area in Rural Area 3 - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre in development lots). ENTRANCE CORRIDOR: Yes X No LOCATION: 9264 Critzers Shop Road, approximately one - quarter mile from the intersection of Route 151 ( Critzers Shope Road) and Route 637 (Dick Woods Road). TAX MAP /PARCEL: 06900 -00 -00 -01300 MAGISTERIAL DISTRICT: White Hall CHARACTER OF THE AREA The subject parcel is currently the site of a nursery business which sells various plant material, and related products. The surrounding parcels are primarily in agricultural uses, with some residential properties nearby. (See Attachment A, Location Map) SPECIFICS OF THE PROPOSAL SP 2010 -19, Afton Farmer's Market. This proposal is to operate a farmers' market two (2) days a week, between the hours of 3:00pm and 8:00pm. (See Attachment B, Special Use Permit Application with Plan) PLANNING AND ZONING HISTORY SP2001 -10: Afton Farm Market: Special Use Permit to allow for on -farm sales. Approved 07.11.2001 H02004 -224: Home Occupation Class A Permit: for office use. Approved June 4, 2004. CONFORMITY WITH THE COMPREHENSIVE PLAN Land Use Plan This property is located in Rural Area 3, and is designated Rural Areas in the current Land Use Plan. The purpose of the Rural Area designation is to preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources /density (0.5 units /acre in development lots). The proposed use of a farmers' market is agricultural in nature 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 19 is an approximately 11 -acre piece of land located with frontage on, and an entrance to Critzers Shop Road (SR 151), just south of its intersection with Rockfish Gap Turnpike (SR 250) (See Attachment A, Location Map). The surrounding properties on the same side of SR 151 are currently in agricultural use, and those parcels on the opposite side of SR 151 include both agricultural uses and residential lots. The proposed farmers' market is a use that supports the agricultural uses of the Rural Area zoning district, and 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 Rural Area zoning district is: to preserve the county's active farms and best agricultural and forestal lands by providing lot areas designed to insure the continued availability of such lands for preferential land use tax assessment in order to enhance the economy, and maintain employment and lifestyle opportunities. In addition, the continuation and establishment of agriculture and agriculturally - related uses will be encouraged. A farmers' market is a commercial use that directly supports agricultural endeavors, and is and agriculturally - related use that is to be encouraged. with the uses permitted by right in the district, By -right uses in a Rural Area district include various types of agricultural and agriculturally - related uses. A farmers' market use is an agriculturally — related use, so it will be compatible with, and supportive of the 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 has commented on 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 a 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 proposes to use structures already existing on -site for the proposed farmers' market. 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. All existing structures meet current yard requirements as found in the Ordinance. 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. (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 a Rural Area zoned parcel and maintaining the rural, agricultural character of the area consistent with the County's 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 -19. Staff has identified the following factors that are favorable to this application for an farmers' market: 1. The farmers' market would preserve the rural and agricultural character of the area. 2. The farmers' market is a agriculturally - related use that is to be encouraged, as stated in the Ordinance. Staff has identified no factors that are unfavorable to this request. RECOMMENDED ACTION Staff recommends approval of SP2010 -19, with the following condition: 1. Site layout shall be in general accord with the application plan submitted. ATTACHMENTS A. Location Map B. Special Use Permit ADDlication with plan