3
February 12, 2014
Public Hearing
APPLICANT AND OWNER:
ALICIA INMAN
STAFF PLANNER: Kristine Gay
REQUEST:
Conditional Use Permit (Home Occupation)
ADDRESS / DESCRIPTION: 2173 Old Pungo Ferry Road
GPIN:
23094353090000
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
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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:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:






Old Pungo Ferry Road
Single-family dwellings / AG-2 Agriculture District
Cultivated land in the Agricultural Reserve Program / AG2 Agriculture District
Cultivated field / AG-2 Agriculture District
Single-family dwellings / AG-2 Agriculture District
Cultivated land in the Agricultural Reserve Program / AG2 Agriculture District
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 ADT1 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
1
6,200 ADT (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
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
2
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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
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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.
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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.
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AERIAL PHOTOGRAPH OF SITE
AND SURROUNDING AREA
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PHYSICAL SURVEY SHOWING
LOCATION OF ACCESSORY STRUCTURE
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ZONING HISTORY
#
1
1
1
DATE
12/11/2007
12/11/2007
04/22/1966
REQUEST
Modification of Conditions (Recreational Facility)
Floodplain Variance
Conditional Use Permit (Recreational Facilities)
ACTION
Approved
Approved
Approved
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DISCLOSURE STATEMENT
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DISCLOSURE STATEMENT
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