Greg S. Horvath Agenda Item 5 Page 1 Applicant Greg S. Horvath Property Owners Greg S. & Carolyn M. Horvath Public Hearing November 4, 2020 City Council Election District Princess Anne Request Conditional Use Permit (Home Occupation) Staff Recommendation Approval Staff Planner Hoa N. Dao Location 2321 Vaughan Road GPIN 2401167454 Site Size 51.68 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling, pasture land, wooded / AG-1 & AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwellings, pasture land / AG-1 & AG-2 Agricultural South Wooded / AG-1 Agricultural East Vaughan Road Single-family dwelling, pasture land / AG-1 & AG-2 Agricultural West Wooded / AG-1 Agricultural Agenda Item 5
Transcript
Greg S. Horvath Agenda Item 5
Page 1
Applicant Greg S. Horvath
Property Owners Greg S. & Carolyn M. Horvath
Public Hearing November 4, 2020
City Council Election District Princess Anne
Request Conditional Use Permit (Home Occupation)
Staff Recommendation Approval
Staff Planner
Hoa N. Dao
Location 2321 Vaughan Road
GPIN 2401167454
Site Size
51.68 acres
AICUZ
Less than 65 dB DNL
Watershed
Southern Rivers
Existing Land Use and Zoning District Single-family dwelling, pasture land, wooded / AG-1 & AG-2 Agricultural
Surrounding Land Uses and Zoning Districts North Single-family dwellings, pasture land / AG-1 & AG-2 Agricultural
South Wooded / AG-1 Agricultural
East Vaughan Road Single-family dwelling, pasture land / AG-1 & AG-2 Agricultural
West Wooded / AG-1 Agricultural
Agenda Item 5
Greg S. Horvath Agenda Item 5
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• The application is for a Conditional Use Permit for a Home Occupation to operate a home-based business where the applicant processes a limited amount of lumber for sale.
• The applicant is a member of the American Tree Farm System and practices silviculture management. He seeks a Conditional Use Permit for Home Occupation to process and sell lumber. The United States Department of Agriculture Forest Service defines Silviculture as “the art and science of controlling the establishment, growth, composition, health, and quality of forests and woodlands to meet the diverse needs and values of landowners and society such as wildlife habitat, timber, water resources, restoration, and recreation on a sustainable basis.” While silviculture is a by-right use in the AG-1 & AG-2 Agricultural Districts, a Conditional Use Permit is required to process the harvested wood into lumber and to sell it.
• Approximately 28 of the 51.68 acres site is forested area.
• According to the applicant, no more than three trees per year will be harvested from this property and processed into lumber. Selection and purchase of the lumber will be done by appointment only by local woodworkers and hobbyists.
• The lumber will be stored inside the existing barn building until it is sold.
Zoning History # Request 1 SVR (Street Line Frontage, Lot Width) Approved
04/18/2018
2 SVR (Street Line Frontage, Lot Width) Approved 05/13/2014 CUP (Alternative Residential Development) Approved 05/13/2014
3 SVR (Street Line Frontage, Lot Width, Lot Area) Approved 05/28/2013
4 SVR (Street Line Frontage, Lot Width) Approved 11/22/2011
5 SVR (Street Line Frontage, Lot Width) Approved 08/24/2004
Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning
MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure
FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance
LUP – Land Use Plan STR – Short Term Rental
Staff supports the proposed application and finds it to be consistent with the typical uses found in the agricultural districts and in the rural area of Virginia Beach. The Department of Agriculture reviewed the request and has no objection. The impact to adjacent properties will be inconsequential as only two to three trees are planned to be harvested and processed on site each year. According to the applicant, the trees selected for removal will likely be impacted by disease or infestation, or have anomalies specific to the species. There will be no heavy equipment, semi-
Background & Summary of Proposal
Evaluation & Recommendation
2 5 4
3 1 6
Greg S. Horvath Agenda Item 5
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tractor trailers or excavators used for the operation. Trees will be removed by hand within the area shown on page five of this report and be processed into lumber in approximately two hours. The lumber will be hauled by a truck and trailer for storage inside the existing barn building until they are picked up by the purchaser. Traffic impacts will be minimal as the purchasing of lumber is by appointment only and only a few trees are proposed to be processed each year. Based on these considerations, Staff recommends approval of this request subject to the conditions listed below.
1. The sale of lumber shall be by appointment only.
2. The processing of trees shall not occur more than five (5) times per calendar year and shall only occur between dawn to dusk.
3. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot in area, and mounted flat against the residence.
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 approvals allowed by this application 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.
The Comprehensive Plan designates the subject property as being in the Rural Area with primarily agricultural and rural related activities. An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach’s valuable environmental, scenic, and agricultural resources against inappropriate activities and intense growth pressures.
The site is located in the Southern Rivers Watershed and there are no known significant cultural resources associated with this site. Drainage in the Southern Rivers Watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.
Street Name Present Volume Present Capacity Generated Traffic
Vaughan Road No Data Available Existing Land Use 2 – 10 ADT1
Proposed Land Use 3 – No Data Available 1 Average Daily Trips 2 as defined by a single-family
dwelling
3No information available in the
ITE Trip Generation Manual
Recommended Conditions
Comprehensive Plan Recommendations
Natural & Cultural Resources Impacts
Traffic Impacts
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Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Vaughan Road is a two-lane undivided local street. It is not included in the MTP and there is no roadway CIP project slated for this portion of the roadway.
Water & Sewer The site is not served by City water and sanitary sewer services.
Planning Commission
• Three letters of support have been received by Staff.
• As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 5, 2020.
• As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, October 18, 2020 and October 25, 2020.
• As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 19, 2020.
• This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.vbgov.com/pc on October 29, 2020.
City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, November 15, 2020
and November 22, 2020.
• As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council’s public hearing on November 16, 2020
• The City Clerk’s Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on November 25, 2020.
• Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council
public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the
upcoming days.
• Following City Council’s decision, the applicant will receive a decision letter from Staff.
• Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division
of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning
Division at 757-385-8074.
• If the request requires land disturbance and/or a subdivision of property, please contact the Development
Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the
Development Liaison Team at 757-385-8610.
• Please note that 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 approvals allowed by this application 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.
