Loading...
HomeMy WebLinkAboutSP201000029 Staff Report 2010-11-19COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: SP 2010 -00029 Hungarian Bakery Staff: Scott Clark Planning Commission Public Hearing: Board of Supervisors Public Hearing: November 30, 2010 TBD Owner /s: Oxford, David M or Karen L Applicant: Oxford, David M or Karen L Acreage: 12.173 acres Special Use Permit: 10.2.2 (3 1) Home occupation, Class B (reference 5.2). TMP: 05700- 00- 00 -OOIAO Existing Zoning and By -right use: RA Rural Location: 1850 Brown's Gap Turnpike (Rt. 680) Areas - agricultural, forestal, and fishery uses; at intersection with Luxor Terrace Dr. residential density (0.5 unit/acre in development lots). Magisterial District: White Hall Conditions or Proffers: Yes RA (Rural Areas) Requested # of Dwelling Units: n/a Proposal: Special Use Permit for a Home Comprehensive Plan Designation: Rural Areas Occupation Class B to allow a bakery within an - preserve and protect agricultural, forestal, open existing barn; no customers on -site space, and natural, historic and scenic resources/ density ( .5 unit/ acre in development lots). Character of Property: Largely open, with dense Use of Surrounding Properties: Residential stands of tree at south and west boundaries and forestry Factors Favorable: Factors Unfavorable: 1. The use will be entirely indoors, without Staff has not identified any factors any changes to the existing structures. unfavorable to this application. 2. Because no customers will come to the site, significant traffic impacts are not expected. RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions. Petition: PROJECT: SP201000029 Hungarian Bakery. PROPOSED: Special Use Permit for a Home Occupation Class B to allow a bakery within an existing barn; no customers on -site. 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 (reference 5.2). 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: 1850 Brown's Gap Turnpike (Rt. 680) at intersection with Luxor Terrace Dr. TAX MAP/PARCEL: 057000000001A0. MAGISTERIAL DISTRICT: White Hall Specifics of the Proposal: The proposed home occupation class B is a bakery that would be located in approximately 1,000 square feet of an existing barn (4,800 square feet on two levels) on the site. Approximately 140 square feet of the existing dwelling would be used (in part) for office work related to the bakery. No customers would visit the site, and all products would be delivered by the owners to off -site customers or to shippers. Raw materials would arrive by standard UPS or FedEx panel trucks, one to three times per week. The bakery would initially have no outside employees, but could have up to two in the future. (Two employees are permitted for Home Occupation B uses.) Planning and Zoning History: None. Conformity with the Comprehensive Plan: The Comprehensive Plan designates the subject property as Rural Areas, emphasizing the preservation and protection of agricultural, forestal, open space, and natural, historic and scenic resources as land use options. The bakery would not change the rural character, would not require any additional structures, and would not cause any adverse environmental impacts. In addition, the bakery would use some agricultural products (eggs and dairy products) produced on the site, creating a value -added use for local agricultural products. Therefore, the proposed use supports one goal of the Comprehensive Plan (support for local agriculture) and would not be detrimental to the Plan's goals in other areas. SP 2010 -29 Hungarian Bakery PC 11 -30 -10 2 Staff Comment: Staff addresses each provision of Section 31.6 of the Zoning Ordinance: 31.6: 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, While there would be 1 -3 deliveries by truck per week, and possibly two employees in the future, the overall level of traffic in the area would not be significantly increased by this use. Staff has determined that this additional traffic would be no greater than that normally expected in a residential neighborhood. The use itself would be located indoors on a 12 -acre parcel and so should not be audible to nearby properties. The nearest residence is 450 feet away from the barn where the main activity would take place. that the character of the district will not be changed thereby The bakery would support the rural character of the district by using on -site agricultural products. No new structures would be constructed and traffic impacts would be minimal. and that such use will be in harmony with the purpose and intent of this ordinance, Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural Areas zoning: "This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the following purposes: - 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. (Amended 11- 8 -89)" The bakery would use some agricultural products produced on the site, would not cause any negative impacts on preservation, water supply, or conservation in the Rural Areas, and would not create a demand for service delivery. with uses permitted by right in the district, The bakery would not conflict with the agricultural, forestal, and residential uses allowed by right in the district. with the additional regulations provided in section 5.0 of this ordinance, 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 SP 2010 -29 Hungarian Bakery PC 11 -30 -10 3 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; The proposed use would include an office space (only partially devoted to this use) in 140 square feet of the existing 3,314- square -foot dwelling. This would be approximately four percent of the dwelling's floor area, well below the 25- percent limit. The total area devoted to the use would include 1,000 square feet of the existing barn and the previously- mentioned 140 square feet in the dwelling, which is less than the 1,500- square -foot limit. 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. The proposed bakery would be located in an existing barn, and no external modifications to the barn are proposed. 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. All structures needed for this use already exist on the site and are compatible with the rural surroundings. 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; No such structures are proposed for this use. 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; No on -site sales are proposed. SP 2010 -29 Hungarian Bakery PC 11 -30 -10 4 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, Staff has determined that the traffic would be no greater than that normally expected in a residential neighborhood. All parking would be off - street, adjacent to the barn. e. All home occupations shall comply with performance standards set forth in section 4.14; Section 4.14 sets standards for impacts of uses in industrial districts, including noise; vibration; glare; air pollution; water pollution; radioactivity; and electrical interference. A small bakery is not expected to have any such impacts. Waste water will be treated through a system approved by the Virginia Department of Health. f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall not be deemed home occupations. No such uses are proposed for this site. and with the public health, safety and general welfare. Staff at the Virginia Department of Health has stated that the site can support the necessary water supply and septic facilities for this use. The applicants will need to have Health Department approval for those systems before beginning the use. The Virginia Department of Transportation did not have any concerns regarding the property's entrance onto Route 680. Summary: Staff has identified the following factors favorable to this application: 1. The use will be entirely indoors, without any changes to the existing structures. 2. Because no customers will come to the site, significant traffic impacts are not expected. Staff has not identified any factors unfavorable to this application. SP 2010 -29 Hungarian Bakery PC 11 -30 -10 5 Recommended Action: Based on the findings contained in this staff report, staff recommends approval of SP201000029 Hungarian Bakery subject to the following conditions: 1. Development of the use shall be in accord with the conceptual plan titled "Hungarian Bakery Home Occupation Class B Concept Plan" and dated 11/12/10 (hereafter "Conceptual Plan'), as determined by the Director of Planning and the Zoning Administrator. To be in accord with the Conceptual Plan, development shall reflect the following major elements within the development essential to the design of the development: a. building orientation b. location of buildings and structures C. location of parking areas; Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. Compliance with Virginia Department of Health requirements regarding water supply and the septic system for this use shall be verified by the Health Department prior to issuance of a zoning compliance clearance and the commencement of the special use. Planning Commission Motion: A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP 2010 -00029 Hungarian Bakery subject to the conditions as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this special use permit: Move to recommend denial of SP 2010 -00029 Hungarian Bakery. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. Attachments Attachment A — Conceptual Plan Attachment B — Location Map Attachment C - Area Map SP 2010 -29 Hungarian Bakery PC 11 -30 -10 6 LA D CA � o � 0 , O Q 0 . � � � \ / � � 7 ]F� / / / � ® \ � � � /[ƒ \ . - � k f 2 « � � 0 � � � � � � � � � C 7— > D � Lon C;j Attachment A L 00 tn / � Lrj 0 0 � r � m � � \ / � � 7 ]F� / / / � ® \ � � � /[ƒ \ . - � k f 2 « � � 0 � � � � � � � � � C 7— > D � Lon C;j Attachment A LPG <- O� J+ s GRp,ND -VIE�O R 2s CAA Roads Buildings CDriveways SP201000029 Hungarian Bakery 0 0.025 0.05 0.1 Miles ► Prepared by Albemarle County Community Development Dept. Map created by Scott Clark, November 2010. ► Note: The map elements depicted are graphic representations and are not to be construed or used as a legal description. This map is for display purposes only. ► Parcel boundaries reflect most recent available data. HIT r <O� N Q ADO� �\� CO Q - Az O O �PKES\O� CANNON—�BROOK-,WA.y ✓OAF 5 M \�� �D V IE�.OR G RAND' O� P G �.G'� ON,DR O �5 �N Q� THREE.IVOTCyO �O J/ �FS7 -DR WWRD �Q SP201000029 Hungarian Bakery 0 0.25 0.5 1 Miles ► Prepared by Albemarle County Community Development Dept. Map created by Scott Clark, November 2010. ► Note: The map elements depicted are graphic representations and are not to be construed or used as a legal description. This map is for display purposes only. ► Parcel boundaries reflect most recent available data.