3 February 12, 2014 Public Hearing

Transcription

1 3 February 12, 2014 Public Hearing APPLICANT AND OWNER: STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit (Home Occupation) ADDRESS / DESCRIPTION: 2173 Old Pungo Ferry Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 1.38 Acres AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for a Home Occupation for the purpose of providing personal fitness training and yoga instruction within a barn structure located in the rear yard. The subject site is located in the AG-2 Agricultural Zoning District. Section 401 of the City Zoning Ordinance, which regulates land use within the AG-2 District, allows Home Occupations with a Conditional Use Permit. The applicant is proposing no physical changes to the site to accommodate this use. The subject site is 1.38 acres in size. Located at the center of the site is a single-family dwelling with a footprint approximately 2,120 square feet in area. There is an above-ground pool located behind the dwelling unit, which is surrounded by an elevated wooden deck. In the southeast corner of the lot is an ancillary barn structure with a footprint of 1,684 square feet in area. A wooden picket fence extends from the dwelling unit and deck to the barn structure to enclose the center of the rear yard. There is small shed and pump house located outside of the fenced yard area in the southwest corner of the lot. There are two driveways accessing this site. A concrete driveway provides access to the dwelling unit; a gravel driveway provides access to the barn structure. The applicant proposes to offer personal fitness training and small group yoga instruction in the existing barn structure. The service will be offered Monday through Saturday, between the hours of 6:00 a.m. and Page 1

2 8:00 p.m., as determined by client demand. The applicant owns the property, and is the only employee associated with this home occupation. There is no signage posted on this site advertising the home occupation. Clients will access the property using the existing gravel driveway and will park on an existing concrete slab abutting the barn structure. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling / AG-2 Agriculture District SURROUNDING LAND USE AND ZONING: North: Old Pungo Ferry Road Single-family dwellings / AG-2 Agriculture District South: Cultivated land in the Agricultural Reserve Program / AG- 2 Agriculture District East: Cultivated field / AG-2 Agriculture District Single-family dwellings / AG-2 Agriculture District West: Cultivated land in the Agricultural Reserve Program / AG- 2 Agriculture District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is flat, open, and grassy. There are no known significant cultural features associated with the property. COMPREHENSIVE PLAN: The subject site is located within the Rural Area as designated by the Comprehensive Plan. Objectives for this area include preserving areas devoted to agricultural and production; preserving open space; protecting and sustaining environmental resources; providing reasonable rural development opportunities; and avoiding the need for urban infrastructure. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Old Pungo Ferry road is a two-lane undivided rural local street. It is not listed in the Master Transportation Plan, and there is no Roadway CIP project programmed for this roadway. The City does not count traffic volumes on Old Pungo Ferry Road; however, 2013 ADT 1 counts on Princess Anne Road at a location 500 feet south of its intersection with Old Pungo Ferry Road averaged 5,800 vehicles per day. TRAFFIC: Street Name Old Pungo Ferry Road Present Volume Not available Present Capacity 6,200 ADT 1 (Level of Service C ) 9,900 ADT 1 (Level of Service E ) Generated Traffic Existing Land Use 2 10 ADT Proposed Land Use 3 60 ADT 1 Average Daily Trips 2 as defined by one single-family home 3 as defined by a 1,500 SF health and fitness club (this is the best land use match Page 2

3 for the proposed use provided by the ITE Manual WATER: City water is not available. Health Department approval is required for private wells. SEWER: City sanitary sewer is not available. Health Department approval is required for septic systems. SPECIFIC STANDARDS FOR HOME OCCUPATION USE PERMITS Section 234 of the City Zoning Ordinance provides specific standards that regulate a Use Permit for a Home Occupation: (a) Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however, this limitation shall not have application to family day-care homes. (b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity shall be met off the street and other than in a required front yard. (c) No identification sign shall be permitted. However, as an exception, the City Council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one (1) sign, nonilluminated, not to exceed one (1) square foot in area, mounted flat against the wall of the residence. (d) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. (e) The following uses are specifically excluded: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. EVALUATION AND RECOMMENDATION The applicant is requesting a Conditional Use Permit for a Home Occupation. The applicant proposes to provide personal fitness training and small group yoga and instruction in Pilates. As the property is zoned AG-2 Agricultural, Section 401 of the Zoning Ordinance requires a Conditional Use Permit for the requested use. The proposed use of personal training and group exercise will take place within an existing structure, between the hours of 6:00 a.m. and 8:00 p.m., Monday through Saturday. The space within the existing structure is approximately 350 square feet; this is below the maximum allowable 20 percent of the total Page 3

4 floor area of the primary and ancillary structures on the site. Staff finds the proposed hours and days of operation and the location of the use to be acceptable. To avoid extensive alterations of the existing barn structure as required by the Virginia Building Code for the purpose of providing training classes, a recommended condition of the Use Permit limits the number of individuals being trained at one time to no more than five. If the applicant desires to train more than five individuals at a time, the building will need to meet commercial building standards. The existing gravel driveway is approximately 18 feet wide and widens to 32 feet at the barn structure where the concrete slab begins. Staff finds that the existing gravel driveway and concrete slab provide sufficient space for the limited number of vehicles that will be on the site at any one time to maneuver and park. As recommended by Traffic Engineering, staff has included a condition requiring that the gravel driveway have a concrete apron that meets Public Works Standards for a residential entrance. As the subject site has private water and sewer connections, staff has included a condition requiring approval from the Health Department for any additional private wells, septic systems, and wastewater disposal systems that may be necessary as a result of this Home Occupation. Staff concludes that the proposed use is acceptable for this site and consistent with the Comprehensive Plan. Staff recommends approval contingent to the conditions below. CONDITIONS 1. Approval for onsite private wells, septic systems, and wastewater disposal systems shall be obtained from the Health Department. 2. There shall be no more than five (5) attendees at any one time. 3. Hours of operation shall be no earlier than 6:00 a.m. and no later than 10:00 p.m. 4. There shall be no noise disturbance associated with the permitted use to the adjoining property owners. 5. Per Section 234 of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the Home Occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally-illuminated, and shall be mounted flat against the residence. 6. Per Section 234 of the City Zoning Ordinance, no more than 20 percent of the floor area of the dwelling unit and its accessory structures shall be used in the conduct of the activity. 7. The vehicular entrance for the site shall have a concrete driveway apron compliant with the current Public Works Standards for right-of-way improvements and entrances for rural singlefamily dwellings. 8. The existing above-ground pool and deck must meet all safety requirements provided by the Virginia Building Code. Page 4

5 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 5

6 AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA Page 6

7 PHYSICAL SURVEY SHOWING LOCATION OF ACCESSORY STRUCTURE Page 7

8 1 ZONING HISTORY # DATE REQUEST ACTION 1 12/11/2007 Modification of Conditions (Recreational Facility) Approved 1 12/11/2007 Floodplain Variance Approved 1 04/22/1966 Conditional Use Permit (Recreational Facilities) Approved Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10