HomeMy WebLinkAboutSDP200700032 Staff Report 2007-06-06s r • - A MA
Project Name:Staff: Scott Clark
SP 2007 -00002 Farm Worker Housing
SDP 2007 -00032 Farm Worker Housing
Planning Commission Public Hearing:Board of Supervisors Public Hearing:
May 5, 2007 June 6, 2007
Owner /s: Two Times Five LLC Applicant: Two Times Five LLC
Acreage: 272.640 Special Use Permit: 10.2.2.51. Farm
worker housing, Class B (more than ten
occupants or more than two sleeping
structures) (reference 5.1.44).
TMP: Tax Map 102 Parcel 10 Existing Zoning and By -right use: RA
Location: 571 Coles Rolling Road (Route Rural Areas: agricultural, forestal, and fishery
712), approximately 1 mile east of the uses; residential density (0.5 unit /acre)
intersection with Route 713.
Magisterial District: Scottsville Conditions or Proffers: Yes
RA (Rural Areas)Requested # of Dwelling Units: n/a
Proposal: Scottsville Comprehensive Plan Designation:
RA - Rural Areas: preserve and
protect agricultural, forestal, open
space, and natural, historic and
scenic resources/ density (.5 unit/
acre)
Character of Property: The northeastern Use of Surrounding Properties:
half of the property in agricultural use. The Agriculture, forestry, residential uses, historic
southwestern half is forested. The farm site (Pine Knot)
includes two ponds on tributaries of Miller
Creek.
Factors Favorable:Factors Unfavorable:
1. The use supports agricultural 1. Sight distance along Coles Rolling
production in the Rural Areas.Road is insufficient for vehicles exiting
2. The facility would use existing the site. This problem can be solved
structures, would require minimal with clearing of shrubby vegetation and
changes to the site, and could easily some grading.
revert to other farm uses.
RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions.
SP200700002 Farm Worker Housing - SDP200700032 Farm Worker Housing
Planning Commission Public Hearing — May 8, 2007
Petition:
PROPOSED: Farm Worker housing facilities including 5 sleeping cabins and I kitchen /bath Structure for 10 seasonal
workers.
ZONING CATEGORY /GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses, residential
density (0.5 unit/aere)
SECTION: 10.2.2.51, Farm Worker housing, Class B (more than ten occupants or more than two sleeping structures)
COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas - preserve and protect agricultural, forestal, open
space, and natural, historic and scenic resources/ density ( .5 unit/ acre)
ENTRANCE CORRIDOR: No
LOCATION: 571 Coles Rolling Road (Route 712), approximately 1 mile east of the intersection with Route 713.
TAX MAP /PARCEL: Tax Map 122 Parcel 10
MAGISTERIAL DISTRICT: Scottsville
Character of the Area:
The surrounding area consists largely of agricultural fields and forest patches, as well as some smaller residential
parcels.
Specifics of the Proposal:
The applicant intends to house seasonal student interns who will assist with and learn about agricultural production on
an organic vegetable farm. The facility would use existing structures —five small cabins and one larger building that
would house kitchen and bath facilities. The cabins are 14'6" wide by 22'3" deep (including a 6'3" covered porch),
and would sleep two people each. The 41'x25' kitchen /bath building would include a 10'x25' kitchen area and a
separate 10'x25' bath area.
Planning and Zoning Histo
The applicant has also applied for a Farm Worker Housing Class A facility, which would use only two of the five
existing cabins. This would have allowed them to start their operation at a smaller scale while waiting for a decision on
this special use permit. However, the Class A facility cannot begin until after the site plan waiver (discussed below) is
approved, as the use requires a new parking area (which would trigger a requirement for a new site plan).
This property is included in a conservation easement held by the Virginia Outdoors Foundation. VOF staff has verified
that the proposed facility is permissible under the easement.
The property is located in the Carter's Bridge Agricultural /Forestal District, and the proposal is supported by the
Agricultural/Forestal Districts Committee.
SP 2007 -00002 FARM WORKER HOUSING
Conformity with the Comprehensive Plan:
The Rural Areas section of the Comprehensive Plan contains the following policy statements:
GOAL: Protect Albemarle County's agricultural lands as a resource base for its
agricultural industries and for related benefits they contribute towards the
County's rural character, scenic quality, natural environment, and fiscal health.
SP200700002 Farm Worker Housing - SDP200700032 Farm Worker Housing
Planning Commission Public Hearing — May 8, 2007
2
OBJECTIVE: To support agricultural land uses and to create additional markets for
agricultural products through creative economic and land use strategies.
This use would provide needed agricultural labor and support innovative agricultural production in the Rural Areas
consistent with the Comprehensive Plan. The use will also support the Comprehensive Plan by providing agricultural
awareness and education to the interns who work there.
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
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 cabins are located approximately 800 feet from the nearest residence. Traffic and on -site noise would be increased
by the addition of up to 10 seasonal farm workers on the site. These impacts would be comparable to those created by
by -right residential development, but would be seasonal.
that the character of the district will not be changed thereby and
Adding facilities for farm labor is consistent with the character of the Rural Areas.
that such use will be in harmony with the purpose and intent of this ordinance,
As this use supports agricultural production, it would be in harmony with the following purposes of the Zoning
Ordinance:
1.4.8 To provide for the preservation of agricultural and forestal lands and other lands of
significance for the protection of the natural environment;
10.1 Preservation of agricultural and forestal lands and activities;
with uses permitted by right in the district,
This agricultural use is in harmony with by -right uses in the Rural Areas district and is supportive of agriculture.
with the additional regulations provided in section S. 0 of this ordinance,
This facility must comply with the supplemental regulations in section 5.1.44. See Attachment B for the full text of
this section; the discussion below describes how the application meets these requirements.
SP200700002 Farm Worker Housing - SDP200700032 Farm Worker Housing
Planning Commission Public Hearing — May 8, 2007
3
5.1.44 FARM WORKER HOUSING
Each farm worker housing facility shall be subject to the following:
a. Concept plan to be submitted ti-rith application for f nrm irorker housing.
See Attachment A for the conceptual plan.
b. Contents of concept plan.
The conceptual plan meets the requirements of this section.
c. Notice of receipt of concept plan to abutting oivners. The coning administrator shall send notice
of the receipt of'a concept plun as follows:
1. Farm worker housing, Class A, facility:
This does not apply to the special use permit request.
2. Farm worker housing, Class B, facility:
Adjacent owners have been notified of this special use permit application. One nearby landowner (not adjacent
to the subject property) has submitted a letter supporting the proposal (see Attachment Q.
d. Request for planning commission revieii) and action on farm worker housing, Class A, facility
concept plan.
This does not apply to the special use permit request.
e. Review and action on concept plan. A concept plan shall be reviewed and acted upon as follows:
1. Farm worker housing, Class A, facility.
This does not apply to the special use permit request.
2. Farm worker housing, Class B, faciliiy.
The review covered in this report meets this requirement.
f. Farm worker housing facilities; permissible structures.
No prohibited structures (motor vehicles or major recreational equipment) would be used for this facility. The
farm workers would be housed in cabins.
g. Minimum yards:
These requirements have been met. The cabins are approximately 350 feet from Coles Rolling Road (compared
to the minimum front setback of 75 feet), and greater distances from the side and back property lines.
h. Zoning compliance clearance.
SP200700002 Farm Worker Housing - SDP200700032 Farm Worker Housing
Planning Commission Public Hearing — May 8, 2007
4
I lic applicant is a ead\ \tiorl.itig \ith Loring sta(f'to secure the \\riItcn approNai, needed (from the \'Ir III id
Department of Health, VDOT, Fire /Rescue, and Inspections staff) for approval of the zoning clearance. As
section 5.1.44 requires these approvals for all farm worker housing facilities, no additional conditions of
approval are needed for these aspects of the proposal.
3. Upon the zoning administrator's determination that all requirements of the zoning ordinance are satisfied that all
conditions of the special use permit authorizing a farm worker housing, Class B, facility, are satisfied, and upon receipt
oJ'the approvals and documents required in section 5.1.44(h)(2), the zoning administrator shall issue a zoning
compliance clearance for the facility.
The subsections here (1) require that only farm workers and their immediate families reside in the facility, and
2) permit the structures to be used for other farm purposes when not occupied. These measures affect how the
use is conducted rather than how it is designed on the plan. The applicant's plans for the use are consistent
with this section.
and with the public health, safety and general welfare.
The Virginia Department of Transportation has stated that sight distance at the entrance to the site from Coles Rolling
Road is insufficient. Drivers exiting the site cannot see traffic approaching from the right. The applicant has contracted
to have the necessary clearing (shrubby vegetation will be removed) and grading done. The use will not receive a
zoning clearance to begin until VDOT has verified that the entrance is acceptable (as required in 5.1.44(h)); no
additional condition of approval is needed.
Community Development staff have discussed the water supply for fire suppression with Fire /Rescue staff. The site
has a pond with a dry hydrant reserved for fire department use, and this is generally sufficient for the use. Fire /Rescue
staff will visit the site and require any improvements (hydrant work, access -road improvements, etc.) before providing
the written approval needed for the zoning clearance. As this approval is required for the zoning clearance, no
additional condition of approval is needed.
The use will need a new parking area. Community Development engineering staff have reviewed the plan and
recommend approval of the proposed parking area with a gravel surface and parking stops delineating the spaces.
This property is located in the Carter's Bridge Agricultural /Forestal District. On April 17, 2007, the
Agricultural /Forestal Districts Committee considered this application and voted unanimously to support the proposal.
The property is adjacent to the Pine Knot historic site, and is located within the proposed Southern Albemarle Rural
Historic District. However, the proposed housing facility is approximately 2,700 feet from Pine Knot, which is not
visible from the site due to the forested state of the Pine Knot property. The Historic Preservation Planner has
reviewed the request, and the addition of seasonal farm worker housing to an existing farm is not expected to create
impacts on Pine Knot or the proposed District.
SDP 2007 -00032 FARM WORKER HOUSING — SITE PLAN WAIVER
This is an application for approval of a site plan waiver. These requests are reviewed in accord with Chapter 18,
Section 32.2.2 of the County Code which states:
SP200700002 Farm Worker Housing - SDP200700032 Farm Worker Housing
Planning Commission Public Hearing — May 8, 2007
5
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Staff has reviewed this request and is able to support the request. The structures and entrance to the site
already exist. The proposed parking area is shown in sufficient detail on the conceptual plan for SP 2007-
00002 (Attachment A). The proposed parking area can be approved with a gravel surface. No conditions are
needed and no public concerns were expressed regarding this application. Given the limited work required
to establish this use, and the fact that the conceptual plan for SP 2007 -00002 provides the information that
would be needed on a site plan, the agent recommends approval of this waiver request.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. The use supports agricultural production in the Rural Areas.
2. The facility would use existing structures, would require minimal changes to the site, and could easily revert
to other farm uses.
Staff has identified the following factors unfavorable to this application:
1. Sight distance along Coles Rolling Road is insufficient for vehicles exiting the site. This problem can be
solved with clearing of shrubby vegetation and some grading.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2007 -02 Farm
Worker Housing under the following condition:
1. The improvements proposed under SP 2007 -00002 and the scale and location of the improvements shall
be developed in general accord with the conceptual plan entitled "Conceptual Plan for SP 2007 -032"
including the attached sheet titled "Conceptual plan for farm worker housing'), revised March 23, 2007,
and initialed "SMC ".
2. Parking spaces shall be delineated by bumper blocks. Bumper blocks shall be constructed of a durable
material such as concrete or treated timbers. Each bumper block shall be a minimum length of six (6) feet, a
maximum height of five (5) inches, and shall be securely anchored into the ground in at least two (2) places.
3. The parking area shall be surfaced with gravel. A minimum depth of 6 inches of #57 or 921 A stone shall be
used to surface the entire parking area.
Staff also recommends approval of the site plan waiver, SDP 2007 -00032 Farm Worker Housing.
ATTACHMENTS
Attachment A — Conceptual Plan for SP 200700002 (3 pages), revised March 23, 2007
Attachment B — Full text of Albemarle County Zoning Ordinance section 5.1.44
Attachment C — Letter from James W. Sams regarding SP 200700002
SP200700002 Farm Worker Housing - SDP200700032 Farm Worker Housing
Planning Commission Public Hearing — May S, 2007
6
1
J, a.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4.596
Phone (434) 296 -5832
May 30, 2007
Mathew Holt
7129 Maplehill Farm
Scottsville, VA 24590
RE: SP 2007 -00002 Farm Worker Housing (Sign #38)
Tax Map 122 Parcel 10
Dear Mr. Holt:
Fax(434)972 -4012
The Albemarle County Planning Commission, at its meeting on May 8, 2007, unanimously recommended
approval of the above -noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
1. The improvements proposed under SP 2007 -00002 and the scale and location of the
improvements shall be developed in general accord with the conceptual plan entitled
Conceptual Plan for SP 2007 -032" (including the attached sheet titled "Conceptual plan for
farm worker housing "), revised March 23, 2007, and initialed "SMC ".
2. Parking spaces shall be delineated by bumper blocks. Bumper blocks shall be constructed of a
durable material such as concrete or treated timbers. Each bumper block shall be a minimum
length of six (6) feet, a maximum height of five (5) inches, and shall be securely anchored into
the ground in at least two (2) places.
3. The parking area shall be surfaced with gravel. A minimum depth of 6 inches of #57 or #21A
stone shall be used to surface the entire parking area.
Regarding site plan waiver:
The Planning Commission unanimously approved the site plan waiver for SP- 2007 -002, Farm Worker
Housing.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on June 6, 2007.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296 -5832.
Scott Clark
Senior Planner
Planning Division
Cc: C. Wes Reynolds
26 Teatown Road, Croton.on.Hudson, NY 10520
Two Times Five LLC
P O Box 700, Scottsville, VA 24590
Ella Carey
Jack Kelsey
Glenn Brooks
O
It is the Board's preference that a public hearing should not be advertised until all of the final materials
for a zoning application have been received by the County and are available for public review. To achieve this
preference, applicants should provide final plans, final codes of development, final proffers, and any other
documents deemed necessary by the Director of Community Development, to the County no later than two
days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staff
will advise applicants of this date by including it in annual schedules for applications and by providing each
applicant a minimum of two weeks advance notice of the deadline.
If the applicant does not submit the required materials by this date, the public hearing shall not be
advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that
good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be
scheduled. If the public hearing is held without final materials being available for review throughout the
advertisement period due to a late submittal of documents, or because substantial revisions or amendments are
made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board
to either defer action and schedule a second public hearing that provides this opportunity to the public or to
deny the application, unless the Board finds that the deferral would not be in the public interest or not forward
the purposes of this policy.
Final signed proffers shall be submitted to the County no later than nine days prior to the date of the
advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing
resulting from comments received from the public or from Board members at the public hearing.
This Zoning Policy will be included in the Board's Rules of Procedure for adoption each year, so that
the policy can be re- examined annually.
Adopted 12/07/2005)
Project Name:Staff: Scott Clark
SP 2007 -00002 Farm Worker Housing
SDP 2007 -00032 Farm Worker Housing
Planning Commission Public Hearing:Board of Supervisors Public Hearing:
May 5, 2007 June 6, 2007
Owner /s: Two Times Five LLC Applicant: Two Times Five LLC
Acreage: 272.640 Special Use Permit: 10.2.2.51. Farm
worker housing, Class B (more than ten
occupants or more than two sleeping
structures) (reference 5.1.44).
TMP: Tax Map 102 Parcel 10 Existing Zoning and By -right use: RA
Location: 571 Coles Rolling Road (Route Rural Areas: agricultural, forestal, and fishery
712), approximately 1 mile east of the uses; residential density (0.5 unit/acre)
intersection with Route 713.
Magisterial District: Scottsville Conditions or Proffers: Yes
RA (Rural Areas)Requested # of Dwelling Units: n/a
Proposal: Scottsville Comprehensive Plan Designation:
RA - Rural Areas: preserve and
protect agricultural, forestal, open
space, and natural, historic and
scenic resources/ density (.5 unit/
acre)
Character of Property: The northeastern Use of Surrounding Properties:
half of the property in agricultural use. The Agriculture, forestry, residential uses, historic
southwestern half is forested. The farm site (Pine Knot)
includes two ponds on tributaries of Miller
Creek.
Factors Favorable:Factors Unfavorable:
1. The use supports agricultural ;1. Sight distance along Coles Rolling
production in the Rural Areas.Road is insufficient for vehicles exiting
2. The facility would use existing the site. This problem can be solved
structures, would require minimal with clearing of shrubby vegetation and
changes to the site, and could easily some grading.
revert to other farm uses.
RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions.
SP200700002 Farm Worker Housing - SDP200700032 Farm Worker Housing
Planning Commission Public Hearing — May 8, 2007
Petition:
PROPOSED: Farm worker housing facilities including 5 sleeping cabins and 1 kitchen /bath structure for 10 seasonal
workers.
ZONING CATEGORY /GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential
density (0.5 unit /acre)
SECTION: 10.2.2.51, Farm worker housing, Class B (more than ten occupants or more than two sleeping structures)
COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas - preserve and protect agricultural, forestal, open
space, and natural, historic and scenic resources/ density ( .5 unit/ acre)
ENTRANCE CORRIDOR: No
LOCATION: 571 Coles Rolling Road (Route 712), approximately 1 mile east of the intersection with Route 713.
TAX MAP /PARCEL: Tax Map 122 Parcel 10
MAGISTERIAL DISTRICT: Scottsville
Character of the Area:
The surrounding area consists largely of agricultural fields and forest patches, as well as some smaller residential
parcels.
Specifics of the Proposal:
The applicant intends to house seasonal student interns who will assist with and learn about agricultural production on
an organic vegetable farm. The facility would use existing structures —five small cabins and one larger building that
would house kitchen and bath facilities. The cabins are 14'6" wide by 22'3" deep (including a 6'3" covered porch),
and would sleep two people each. The 41'x25' kitchen /bath building would include a 10'x25' kitchen area and a
separate 10'x25' bath area.
Planning and Zoning History:
The applicant has also applied for a Farm Worker Housing Class A facility, which would use only two of the five
existing cabins. This would have allowed them to start their operation at a smaller scale while waiting for a decision on
this special use permit. However, the Class A facility cannot begin until after the site plan waiver (discussed below) is
approved, as the use requires a new parking area (which would trigger a requirement for a new site plan).
This property is included in a conservation easement held by the Virginia Outdoors Foundation. VOF staff has verified
that the proposed facility is permissible under the easement.
The property is located in the Carter's Bridge Agricultural/Forestal District, and the proposal is supported by the
Agricultural /Forestal Districts Committee.
SP 2007 -00002 FARM WORKER HOUSING
Conformity with the Comprehensive Plan:
The Rural Areas section of the Comprehensive Plan contains the following policy statements:
GOAL: Protect Albemarle County's agricultural lands as a resource base for its
agricultural industries and for related benefits they contribute towards the
County's rural character, scenic quality, natural environment, and fiscal health.
SP200700002 Farm Worker Housing - SDP200700032 Farm Worker Housing
Planning Commission Public Hearing — May 8, 2007
2
OBJECTIVE: To support agricultural land uses and to create additional markets for
agricultural products through creative economic and land use strategies.
This use would provide needed agricultural labor and support innovative agricultural production in the Rural Areas
consistent with the Comprehensive Plan. The use will also support the Comprehensive Plan by providing agricultural
awareness and education to the interns who work there.
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
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 cabins are located approximately 800 feet from the nearest residence. Traffic and on -site noise would be increased
by the addition of up to 10 seasonal farm workers on the site. These impacts would be comparable to those created by
by -right residential development, but would be seasonal.
that the character of the district will not be changed thereby and
Adding facilities for farm labor is consistent with the character of the Rural Areas.
that such use will be in harmony with the purpose and intent of this ordinance,
As this use supports agricultural production, it would be in harmony with the following purposes of the Zoning
Ordinance:
1.4.8 To provide for the preservation of agricultural and forestal lands and other lands of
significance for the protection of the natural environment;
10.1 Preservation of agricultural and forestal lands and activities;
with uses permitted by right in the district,
This agricultural use is in harmony with by -right uses in the Rural Areas district and is supportive of agriculture.
with the additional regulations provided in section 5.0 of this ordinance,
This facility must comply with the supplemental regulations in section 5.1.44. See Attachment B for the full text of
this section; the discussion below describes how the application meets these requirements.
SP200700002 Farm Worker Housing - SDP200700032 Farm Worker Housing
Planning Commission Public Hearing — May 8, 2007
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5.1.44 FARM WORKER HOUSING
Each farm worker housing facility shall be subject to the following:
a. Concept plan to be submitted with application for farm worker housing.
See Attachment A for the conceptual plan.
b. Contents of concept plan.
The conceptual plan meets the requirements of this section.
c. Notice of receipt of concept plan to abutting owners. The zoning administrator shall send notice
of'the receipt of a concept plan as,follows:
1. Farm worker housing, Class A, facility:
This does not apply to the special use permit request.
2. Farm worker housing, Class B, facility :
Adjacent owners have been notified of this special use permit application. One nearby landowner (not adjacent
to the subject property) has submitted a letter supporting the proposal (see Attachment Q.
d. Request for planning commission review and action on farm worker housing, Class A, facility
concept plan.
This does not apply to the special use permit request.
e. Review and action on concept plan. A concept plan shall be reviewed and acted upon as follows:
1. Farm worker housing, Class A, facility.
This does not apply to the special use permit request.
2. Farm worker housing, Class B, facility.
The review covered in this report meets this requirement.
f. Farm worker housing facilities; permissible structures.
No prohibited structures (motor vehicles or major recreational equipment) would be used for this facility. The
farm workers would be housed in cabins.
g. Minimum yards:
These requirements have been met. The cabins are approximately 350 feet from Coles Rolling Road (compared
to the minimum front setback of 75 feet), and greater distances from the side and back property lines.
h. Zoning compliance clearance.
SP200700002 Farm Worker Housing - SDP200700032 Farm Worker Housing
Planning Commission Public Hearing — May 8, 2007
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The applicant is already \corking with Zoning staff to secure the \ritten approvals needed (from the V ir"inia
Department of Health, VDOT, Fire /Rescue, and inspections staff) for approval of the zoning clearance. As
section 5.1.44 requires these approvals for all farm worker housing facilities, no additional conditions of
approval are needed for these aspects of the proposal.
3. Upon the zoning administrator's determination that all requirements of'the zoning ordinance are saas/icd that all
conditions of the special use permit authorizing a farm la -orker housing, Class A facility, are sati,(ied, and upon receipt
of the approvals and documents required in section 5.144(h)(2), the zoning administrator shall issue a zor7ing
compliance clearance for the facility.
The subsections here (1) require that only farm workers and their immediate families reside in the facility, and
2) permit the structures to be used for other farm purposes when not occupied. These measures affect how the
use is conducted rather than how it is designed on the plan. The applicant's plans for the use are consistent
with this section.
and with the public health, safety and general welfare.
The Virginia Department of Transportation has stated that sight distance at the entrance to the site from Coles Rolling
Road is insufficient. Drivers exiting the site cannot see traffic approaching from the right. The applicant has contracted
to have the necessary clearing (shrubby vegetation will be removed) and grading done. The use will not receive a
zoning clearance to begin until VDOT has verified that the entrance is acceptable (as required in 5.1.44(h)); no
additional condition of approval is needed.
Community Development staff have discussed the water supply for fire suppression with Fire /Rescue staff. The site
has a pond with a dry hydrant reserved for fire department use, and this is generally sufficient for the use. Fire /Rescue
staff will visit the site and require any improvements (hydrant work, access -road improvements, etc.) before providing
the written approval needed for the zoning clearance. As this approval is required for the zoning clearance, no
additional condition of approval is needed.
Just before the Planning Commission hearing, the Virginia Department of Health (VDH) issued an approval for the
site as a migrant worker housing facility. However, this approval limited the site to eight rather than ten residents, due
to septic -field capacity. VDH staff stated that the capacity could be increased to ten depending on future water use on
the site. Community Development staff has discussed this with the applicant, who has stated that capacity could also
be increased with upgrades to the septic field. Given that it is likely that the site will soon be approved by VDH for ten
residents, staff believes that permitting ten residents on the site is still appropriate. The VDH permit will limit the use
to eight until the septic field is upgraded, at which point the 10- person limit in the special use permit application will
apply.
The use will need a new parking area. Community Development engineering staff have reviewed the plan and
recommend approval of the proposed parking area with a gravel surface and parking stops delineating the spaces.
This property is located in the Carter's Bridge Agricultural /Forestal District. On April 17, 2007, the
Agricultural /Forestal Districts Committee considered this application and voted unanimously to support the proposal.
The property is adjacent to the Pine Knot historic site, and is located within the proposed Southern Albemarle Rural
Historic District. However, the proposed housing facility is approximately 2,700 feet from Pine Knot, which is not
visible from the site due to the forested state of the Pine, .Knot property. The Historic Preservation Planner has
SP200700002 Farm Worker Housing - SDP200700032 Farm Worker Housing
Planning Commission Public Hearing — May 8, 2007
5
re\ icwed the request, and the addition ol'scasonal farm \porker housing.; to an existing farm is not expected to create
impacts on Pine Knot or the proposed District.
SDP 2007 -00032 FARM WORKER HOUSING — SITE PLAN WAIVER
This is an application for approval of a site plan waiver. These requests are reviewed in accord with Chapter 18,
Section 32.2.2 of the County Code which states:
The fbreZoin2 11 o' ' a1LtihSt:1111Q. after 110tice 111 aC:o =tall e R'It_'i seCt1011 ;14.1 die CC11:Ill 51011
inay Vxaii'e the drawing of a sire plln in a plrttcll ar Case llron a fiadln$ that the requiremeenT of
sltch plln would not - fern•ard the purposes of this chap-er o, othenv ise se.7'e -Ile public in- res -:
Provided :hat no uch waiver sh.11 be made lentil the coninussion has considered the
reconnnendation of the went. The izent may; reconmlend appicn al. approval with condjnons, or
denial of such waiver In the case of -o::ditlonal approval, the aged In his recotinneadation sh-.11
state the re`atlomhip of -11e recortunended condition to the provmom of this section_ No condcion
dell be unposed which could not be unposed Through the applicaticri of the readations of sec -ion
32.2.2. 1980: mended 5 -1 -8')
Staff has reviewed this request and is able to support the request. The structures and entrance to the site
already exist. The proposed parking area is shown in sufficient detail on the conceptual plan for SP 2007-
00002 (Attachment A). The proposed parking area can be approved with a gravel surface. No conditions are
needed and no public concerns were expressed regarding this application. Given the limited work required
to establish this use, and the fact that the conceptual plan for SP 2007 -00002 provides the information that
would be needed on a site plan, the agent recommends approval of this waiver request.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. The use supports agricultural production in the Rural Areas.
2. The facility would use existing structures, would require minimal changes to the site, and could easily revert
to other farm uses.
Staff has identified the following factors unfavorable to this application:
1. Sight distance along Coles Rolling Road is insufficient for vehicles exiting the site. This problem can be
solved with clearing of shrubby vegetation and some grading.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2007 -02 Farm
Worker Housing under the following condition:
1. The improvements proposed under SP 2007 -00002 and the scale and location of the improvements shall
be developed in general accord with the conceptual plan entitled "Conceptual Plan for SP 2007 -032"
including the attached sheet titled "Conceptual plan for farm worker housing "), revised March 23, 2007,
and initialed "SMC ".
2. Parking spaces shall be delineated by bumper blocks. Bumper blocks shall be constructed of a durable
material such as concrete or treated timbers. Each bumper block shall be a minimum length of six (6) feet, a
SP200700002 Farm Worker Housing - SDP200700032 Farm Worker Housing
Planning Commission Public Hearing - May 8, 2007
maximum height of five (5) inches, and shall be S CUrel} anchored into the ground in at least t \o (2) places.
The parking area shall be surfaced with gravel. A minimum depth of 6 inches of 957 or 421 A stone shall be
used to surface the entire parking area.
Staff also recommends approval of the site plan waiver, SDP 2007 -00032 Farm Worker Housing.
ATTACHMENTS
Attachment A — Conceptual Plan for SP 200700002 Q pages), revised March 23, 2007
Attachment B — Full text of Albemarle County Zoning Ordinance section 5.1.44
Attachment C — Letter from James W. Sams regarding SP 200700002
SP200700002 Farm Worker Housing - SDP200700032 Farm Worker Housing
Planning Commission Public Hearing — May 8, 2007
7
Rc\Iscd: Oi- _')A)7
Conceptual flan far farul worker housing, Sec. 5.1.44 Farm Worker I lousing 1( )rd. 06 -18C), 12- 13 -()() I
The boundary of this property can been seen by the included tax map showing TNIP 1??-4,1??-4a,1?'-
6,L?? -7, 12' -9, and 1_'? -10. The location of the farm worker complex is provided on T. IP12? -10. This snap
also shows vehicular access, travclways, and parking. It also shows the topography, streams, stream buffers,
critical slopes and floodplains, source of water for fire suppression and building setback. The outdoor light -
ings are all on the kitchen structure and consist of one 60 -walt lamp above the restroom door, one 60 -walt
lamp above the shower door, two 90 -watt halogen lights at the peak of the structure above the kitchen door
and two 90 -wilt halogen lights in the rear.
This request is to turn five 14' 6" x 22' 3" (including a 14' 6" x 6 ' 3" rear covered porch) rustic, cabin struc-
tures into a farm worker building for ten workers (two eople per structure). In addition, a 41' x 25" struc-
ture i
o
nto a kitchen area for the workers. This kitchen structure would also provide the workers with five
toilets housed in a 10' x 25' section that is accessible only from an outside separate door, as well as five show-
er stalls that are also housed in a 10' x 25' section accessible only from an outside door. The kitchen is 75'
across the farm road from the five rutic cabins which are all spaced evenly at 14'6"
The building materials can be seen in the pictures provided. The rustic cabin is made from rough, saw pine,
sided with T -1 l l siding on pressure treated posts, with decking distributed between. The kitchen is also
sided with T -111 and sits on a eenicut slab.
The ten farm workers would be seasonal (approx. April to September). Their hours of operation would he
8:00 am to 5:00 pin Mon -Fri. This complex is for living purposes and all work will be carried out at Maple
Hill Farm (TMP 122-6). Pictures have been provided to demonstrate the quality and rustic appearance of
this farm workers' complex. These pictures are accompanied by detailed captions giving structural dinun-sions.
I
Top left (front view)
Individual buildings are
14'
6" x 22'
3" deep which
includes a 6'
3" covered
back deck. There is 14'
6"
space between each
structure, for a total of
five structures with a
proposed occupancy of
two per structure.
Middle left (front view)
Same specs as above, with
completed metal storm doors and
two sets of double -hung windows.
Bottom left (front view)
Proposed communal kitchen:
41'
x25', with a21'
x19'
covered back area. First door
closest on the left) is a 10'
x 25'
space housing five toilets.
Middle door is entrance to a
21'
x 25' kitchen area. Third
door (far right) is a 10'
x 25'
space for housing g five
shower stalls.
Middle right (back view)
Same specs as above with v
covered back deck.
Bottom right (back view
Back view of proposed
communal kitchen, sho
covered 21'
x 19" back ar
Top right (back view)
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first amending the special use permit, special events shall thereafter be prohibited on the
resulting parcels unless a new special use permit is obtained.
Ord. 05- 18(8), 7- 13 -05)
5.1.44 FARM WORKER HOUSING
Each farm worker housing facility shall be subject to the following:
a. Concept plan to be submitted with application for farm worker housing. Before applying for the
first building permit for a farm worker housing, Class A, facility, or in addition to any other
information required to be submitted for a farm worker housing, Class B, special use permit, the
applicant shall submit a concept plan meeting the requirements of section 5.1.44(b).
b. Contents of concept plan. The concept plan shall show the following: (i) the boundary lines of the
farm (may be shown on an inset map if necessary); (ii) the location and general layout of the
proposed structures at a scale of not more than one (1) inch equals forty (40) feet; (iii) vehicular
access, travelways and parking for the facility; (iv) topography (with a contour interval of no
greater than ten (10) feet); (v) critical slopes; (vi) streams, stream buffers and floodplains; (vii)
source(s) of water for fire suppression; (viii) building setback lines as provided in subsection
5.1.44(g) below; and (ix) outdoor lighting. The concept plan also shall include a written
description of each structure's construction and materials used, and the number of persons to be
housed in the farm worker housing facility.
C. Notice of receipt of concept plan to abutting owners. The zoning administrator shall send notice
of the receipt of a concept plan as follows:
Farm worker housing, Class A, facility: For each concept plan received for a farm
worker housing, Class A, facility, the zoning administrator shall send notice to the owner
of each lot abutting the parcel for which a concept plan has been received within ten (10)
days after submittal of the concept plan deemed by the zoning administrator to be
complete. The notice shall include a copy of the concept plan and shall advise each
recipient of the right to submit written comments within ten (10) days of the date of the
notice and the right to request planning commission review as provided in section
5.1.44(d). Notice mailed to the abutting owner shall be mailed to the last known address
of the owner, and mailing the notice to the address shown on the current real estate tax
assessment records of the county shall be deemed compliance with this requirement. The
failure of an abutting owner to receive the notice required by this section shall not affect
the validity of an approved concept plan or zoning compliance clearance.
Farm worker housing, Class B, facility: For each concept plan received for a farm
worker housing, Class B, facility, notice to the owner of each lot abutting the parcel for
which a concept plan has been received shall be provided in conjunction with the notice
required for the special use permit.
Request for planning commission review and action on farm worker housing, Class A, facility
concept plan. An abutting owner to whom notice for a farm worker housing, Class A, facility
concept plan under section 5.1.44(c)(1) and who submitted timely written comments about the
concept plan as provided therein may request that the planning commission review and act on the
concept plan. The request shall be in writing, state the reasons why the commission should review
the concept plan, and be filed with the director of planning within ten (10) days after the date of
the notice from the zoning administrator.
Review and action on concept plan. A concept plan shall be reviewed and acted upon as follows:
18 -5 -22.11
Zoning Supplement #41, 12 -13 -06 10
F - arm worker housing Class .4, facility. For a farm worker housing, Class A, facility, the
concept plan shall be approved by the zoning administrator or the planning commission,
as the case may be,before any building permit is issued for the facility. The concept plan
shall be approved by the zoning administrator or the commission if it satisfies all
applicable requirements of the zoning ordinance and the design is determined to not be a
substantial detriment to abutting parcels. In approving the concept plan, the zoning
administrator or the commission may impose reasonable conditions to mitigate impacts
on abutting parcels arising from facility. The commission shall give due consideration to
the recommendations of the zoning administrator, the director of planning and other
officials. In addition, the commission may consider such other evidence as it deems
necessary for a proper review of the application.
Farm tt , orker housing, Class B, facility. For a farm worker housing, Class B, facility, the
concept plan shall be reviewed and acted upon in conjunction with the special use permit.
Farm worker housing facilities; permissible structures. Farm worker housing facilities shall not
use motor vehicles or major recreational equipment, as that term is defined in section 4.12.3(b)(1)
of this chapter, to provide for sleeping, eating, food preparation, or sanitation (bathing and /or
toilets).
g. Minimztm yards. Notwithstanding any other provision of this chapter, the minimum front yard
shall be seventy-five (75) feet. The minimum side and rear yards shall be fifty (50) feet. All yards
shall be measured from the farm worker housing structures.
Zoning compliance clearance. The owner shall obtain a zoning compliance clearance from the
zoning administrator as provided in section 31.2.3.2 of this chapter before a farm worker housing
facility is occupied, subject to the following additional requirements:
The applicant shall apply for a zoning compliance clearance at least thirty (30) days prior
to the first expected occupation of the farm worker housing facility. The application shall
be submitted to the zoning administrator.
2. The zoning compliance clearance application shall include all of the following
information:
a. Written approval of the farm worker housing facility as a migrant labor camp
under 12 VAC 5- 501 -10 et seq., the food preparation area, the private water
supply, and the septic disposal system by the Virginia Department of Health.
b. Approval of the access to the site from a public street by the Virginia
Department of Transportation; provided that nothing herein shall be deemed to
require that a commercial entrance be constructed unless such an entrance is
required by the Virginia Department of Transportation.
C. Written approval of the adequacy of the access to the site for emergency
vehicles by the fire marshal.
d. Written approval of the adequacy of the structures intended for human
habitation by the building official.
Upon the zoning administrator's determination that all requirements of the zoning
ordinance are satisfied, that all conditions of the special use permit authorizing a farm
worker housing, Class B, facility, are satisfied, and upon receipt of the approvals and
documents required in section 5.1.44(h)(2), the zoning administrator shall issue a zoning
compliance clearance for the facility.
18 -5 -22.12
Zoning Supplement #41, 12 -13 -06 I
Use 01 fill worker lhousing by workers and their families only. A farm worker housing
facility shall be occupied only by persons employed to work on the farm on which the structures
are located for seasonal agriculture work and their immediate families as provided herein.
Use offarn7 ivorker housh7gfacility when not occ7rpied. When not occupied by seasonal farm
workers, farm worker housing facilities may be used for any use accessory to a primary agricultureuse.
Ord. 06-18(2), 12- 13 -06)
5.2 HOME OCCUPATIONS
5.2.1 CLEARANCE OF ZONING ADMINISTRATOR REQUIRED
Except as herein provided, no home occupation shall be established without approval of the
zoning administrator. Upon receipt of a request to establish a home occupation, Class B, the
zoning administrator shall refer the same to the Virginia Department of Highways and
Transportation for approval of entrance facilities and the zoning administrator shall determine the
adequacy of existing parking for such use. No such clearance shall be issued for any home
occupation, Class B, except after compliance with section 5.2.3 hereof. (Amended 3- 18 -81)
5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS
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 floor area of the dwellingshallbeusedintheconductofthehomeoccupationandinnoeventshallthetotalfloorarea
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;
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. 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. 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 homeoccupation;
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 -chairbarbershops;
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 bytheconductofsuchhomeoccupationshallbemetoffthestreet;
e. All home occupations shall comply with performance standards set forth in section 4.14;
f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall
not be deemed home occupations.
18 -5 -22.13
Zoning Supplement #41, 12 -13 -06
I' \'! \I
Cour.r_y Of Albemarle
Dept, of Community Development401McIntireRoad, North wing
Charlottesville, Va 22902
James i. Sams
34 Coles Rolling Rd
Scor,sville, Va 24590
April 10, 2001
RE; Farm Worker housing Application on Tax Map 122 Parcel IC
In response to letters recieved and dated 2/20/07 & 4/2/07,as an adjacent landdwner I am in favor of the County of Albemarleapprovingtheapplicationtohousetemporaryfarmworkersinthe5cabinslocatedonaportionofMaplehillkarminAlbemarlecounty. Southern
As a 3 year member of the "Consumer Supported AgricultureprogramofferedbyMapleHillFarm, which provides qualit'f (C
dtoAlbemarleandsurroundingcounties, I can attest that theofgoodsandservicesrecievedareoutstanding, y
As a resident and owner of parcels 33/33A on tax map 122 elast45vears /since 1962, I have seen many transitions to
f
under review. In my experience and opinion, the current use ofMapleHillFarmfarexcedesinqualityandviabilityanypreviousownershiporusethatprovidedservicesoremployrrenttothelocalcommunity.
With this letter it is Try ddsire t --T convey the local support forthefarmanditsworkersandtheservicesitprovides.
It is my hope that The County of Albemarle will approve the requestSF2007 -00002 to house seasonal workers.
Thank you for your time and consideration.
Sincerel ,
James W.Sarr.s
I
IRGIIf'
COUNTY OF ALBEMARL,E
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4012
May 30, 2007
Mathew Holt
7129 Maplehill Farm
Scottsville, VA 24590
RE: SP 2007 -00002 Farm Worker Housing (Sign #38)
Tax Map 122 Parcel 10
Dear Mr. Holt:
The Albemarle County Planning Commission, at its meeting on May 8, 2007, unanimously recommended
approval of the above -noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
1. The improvements proposed under SP 2007 -00002 and the scale and location of the
improvements shall be developed in general accord with the conceptual plan entitled
Conceptual Plan for SP 2007 -032" (including the attached sheet titled "Conceptual plan for
farm worker housing "), revised March 23, 2007, and initialed "SMC ".
2. Parking spaces shall be delineated by bumper blocks. Bumper blocks shall be constructed of a
durable material such as concrete or treated timbers. Each bumper block shall be a minimum
length of six (6) feet, a maximum height of five (5) inches, and shall be securely anchored into
the ground in at least two (2) places.
3. The parking area shall be surfaced with gravel. A minimum depth of 6 inches of #57 or #21A
stone shall be used to surface the entire parking area.
Regarding site plan waiver:
The Planning Commission unanimously approved the site plan waiver for SP- 2007 -002, Farm Worker
Housing.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on June 6, 2007.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296 -5832.
MI - V
It is the Board's preference that a public hearing should not be advertised until all of the final materials
for a zoning application have been received by the County and are available for public review. To achieve this
preference, applicants should provide final plans, final codes of development, final proffers, and any other
documents deemed necessary by the Director of Community Development, to the County no later than two
days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staff
will advise applicants of this date by including it in annual schedules for applications and by providing each
applicant a minimum of two weeks advance notice of the deadline.
If the applicant does not submit the required materials by this date, the public hearing shall not be
advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that
good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be
scheduled. If the public hearing is held without final materials being available for review throughout the
advertisement period due to a late submittal of documents, or because substantial revisions or amendments are
made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board
to either defer action and schedule a second public hearing that provides this opportunity to the public or to
deny the application, unless the Board finds that the deferral would not be in the public interest or not forward
the purposes of this policy.
Final signed proffers shall be submitted to the County no later than nine days prior to the date of the
advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing
resulting from comments received from the public or from Board members at the public hearing.
This Zoning Policy will be included in the Board's Rules of Procedure for adoption each year, so that
the policy can be re- examined annually.
Adopted 12/07/2005)