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Home My WebLink AboutHO201100152 Legacy Document 2012-04-18COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: HO 2011-152, Stanley Chang — Home Staff: David Benish Occupation Modification for traffic generation Planning Commission Meeting: Board of Supervisors Meeting: May 9, 2012 April 24, 2012 Owner/s: Stanley Chang Applicant: Stanley C. Chang dba Tae Pyung Acupuncture, P.C. Acreage: 1.02 acres Special Use Permit History: SP 2002-020, Pine Crest Orchids Home Occupation Class B Amendment (for increased square footage) SP 1990-069, Leon Blumreich Home Occupation Class B Amendment (administratively approved for additional greenhouse) SP 1985-021, Leon Blumreich Home Occupation Class B (administratively approved) TMP: 061AO-00-00-01400 Existing Zoning and By -right use: R-4, Residential Location: 1100 Pen Park Lane The property is located at the intersection of Rio Road and Pen Park Lane. Magisterial District: Rio Conditions or Proffers: YES conditions, NO proffers Development Area: Urban Neigh. 2 — Places 29 Requested # of Dwelling Units: N/A Proposal: The applicant has requested a Home Occupation Comprehensive Plan Designation: Class A (HOCA) modification for the number of vehicle trips Urban Density in Development Area 2 generated from the Home Occupation. A concurrent application is being processed for a HOCA clearance to operate an acupuncture office. Character of Property: A residential lot within the Pen Park Use of Surrounding Properties: residential lots within subdivision. the Pen Park subdivision. Factors Favorable: Factors Unfavorable: 1. This property has had a home occupation use since 1. No factors unfavorable 1985. 2. The use will not produce any excess noise, waste, or light. 3. The level of traffic potentially generated from this request is consistent with other by -right uses permitted within residences (including day care for up to 5 children); 4. Pen Park Lane and the driveway serving the residents/home occupation can adequately accommodate anticipated traffic, drop-off/pick-up, and parking activity generated by this request. RECOMMENDATION: Staff recommends approval of the modification request with conditions. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: HO 2011-152, Stanley Chang SUBJECT/PROPOSAL/REQUEST: The applicant requests a Home Occupation Class A (HOCA) modification for the number of vehicle trips generated from the Home Occupation Class A. STAFF CONTACT(S): David Benish LEGAL REVIEW: NO AGENDA DATE: April 24, 201211 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: YES BACKGROUND: The applicant, Stanley C. Chang (Tae Pyung Acupuncture, P.C.), is requesting a Home Occupation Class A (HOCA) modification for the number of trips generated by the HOCA use. A concurrent application is being processed for a HOCA clearance to operate an acupuncture office. The applicant is an acupuncturist and intends to operate within his home. The applicant is requesting up to thirty (30) clients per week. Characteristics of the anticipated operation: Operating hours are by appointment, Monday through Friday. The office will be closed on Saturdays and Sundays. Sessions last an average of 50 minutes, but can range from 40 minutes to 60 minutes for follow-up visits and up to 90 minutes for initial consultations. The property (TMP 061A0-00-00-01400) is located at 1100 Pen Park Lane and is located at the intersection of Rio Road and Pen Park Lane. The 1.02 acre parcel is zoned R-4, Residential. Pen Park Lane consists of single-family detached homes. A previous Home Occupation Class B for flower sales on-site has existed on this property for over 20 years. The Home Occupation was amended in 2002 (SP2002-20, Pine Crest Orchids) to allow for an expansion to the greenhouses on-site. The normal operating hours for that Home Occupation was 8:00 to 5:00, Monday through Saturday, and it was estimated to generate 7 to 10 customers per week. DISCUSSION: The applicant is seeking a modification of Section 5.2 (e) of the Zoning Ordinance for home occupations, which states, "[t]he traffic generated by a home occupation shall not exceed the volume that would normally be expected by a dwelling unit in a residential neighborhood." The Zoning Department assumes the "normal volume" of traffic for a dwelling unit is 5 round trips per day (10 vehicle trips per day) and will also allow one additional trip per day for clients, stipulating that these trips should be spread throughout the week (seven per week). The applicant's request is to be allowed to serve an up to 30 clients per week five days per week (Monday through Friday). This would result in 30 round trips per week, from the home occupation use (and an average of 6 round trips per day). A "round trip" means one vehicle entering and exiting the site. Staff has evaluated the request based on the traffic impacts to Pen Park Lane, Rio Road, and the neighborhood. Planning staff typically evaluates traffic generation of this type of request against other uses permitted by -right within residences, most particularly a daycare serving up to five (5) children (a special use permit is required for a day care serving six or more children). A by -right daycare would generate up to 50 round trips per week and 10 round trips per day (2 round trips/day per child for drop-off and pick-up) in addition to the 5 round trips from the residential use. The applicant's request is also consistent with the threshold established for Rural Area Home Occupations, which is to not exceed 30 vehicle round trips per week. That section of the ordinance (Section 5.2A.e.) is provided below: "Traffic generated by a major home occupation. The traffic generated by a major home occupation shall not exceed ten (10) vehicle round trips per day or more than thirty (30) vehicle round trips per week. For the purposes of this section, a "vehicle round trip" means one vehicle entering and exiting the site." SUMMARY: Staff has identified the following factors favorable to this application: 1. This property has had a home occupation use since 1985. 2. The use will not produce any excess noise, waste, or light. 3. The level of traffic potentially generated from this request is consistent with other by -right uses permitted within residences (including day care for up to 5 children); 4. Pen Park Lane and the driveway serving the residents/home occupation can adequately accommodate anticipated traffic and parking activity generated by this request. Staff has not identified any unfavorable factors. RECOMMENDATION: Staff recommends approval of HO 2011-152 with the following conditions: 1. No more than 30 clients per week and no more than 6 clients per day (Monday through Friday). ATTACHMENTS: ATTACHMENT A — Location Map ATTACHMENT B — Neighborhood Level Aerial Photo ATTACHMENT C — Zoning Ordinance Section 5.2, Home Occupations in Zoning Districts Other Than Rural Area Zoni niGtrirt