Loading...
16SN0717 CASE NUMBER: 16SN0717 APPLICANT: Alton Lee Proctor, Jr. and John Willoughby Spence CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: DALE 4616 Whitestone Dr. AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: OCTOBER 26, 2016 BOS Time Remaining: 365 DAYS Applicant’s Contact: ALTON LEE PROCTOR, JR. (804-426-2647) JOHN WILLOUGHBY SPENCE (804-938-2647) Planning Department Case Manager: DARLA ORR (804-717-6533) APPLICANTS’ REQUEST Conditional use to permit a business (tourist home) incidental to a dwelling in a Residential (R-7) District. A tourist home is currently being operated on the request property without the requisite conditional use approval. Conditional use approval is requested to permit the use in compliance with the Zoning Ordinance. Notes: A. Conditions may be imposed or the property owner may proffer conditions. B. Proffered Conditions and exhibits are located in Attachments 1 – 3. RECOMMENDATIONS RECOMMEND DENIAL Citizens purchased property in the area expecting to live in a single family residential neighborhood Use would negatively impact the use and enjoyment of area PLANNING propertiesfor single family residential uses as permitted by the COMMISSION R-7 zoning (9/20/2016) Likely no conditions that would make use acceptable to neighbors Providing a FIRST CHOICE community through excellence in public service RECOMMENDATIONS (Continued) RECOMMEND DENIAL The proposed tourist home would introduce commercial transient occupancy into a residential neighborhood zoned and developed for single family use. While the proposal limits the number of bedrooms used for STAFF lodgers, approval would permit more than one (1) family to occupy a single family residence at any given time. Given the size and location of the property, there are likely no conditions that would fully mitigate the impact of the proposed tourist home on neighboring residents and properties SUMMARY OF IDENTIFIED ISSUES Department Issue Use introduces commercial transient occupancy into a single family residential neighborhood Approval would permit multiple families to occupy a single family PLANNING residence at any given time Likely no conditions that would fully mitigate impact of proposed use on neighboring residents and residential area FIRE - CDOT - VDOT - UTILITIES- ENVIRONMENTAL - ENGINEERING 216SN0717-2016OCT26-BOS-RPT 9425 - 691 - Tax ID 780 0835 - 691 - 79 Tax ID 7 316SN0717-2016OCT26-BOS-RPT Map 2: Comprehensive Plan Classification: SUBURBAN RESIDENTIAL II The designation suggests the property is appropriate for residential use of 2 to 4 dwellings per acre. Map 3: Surrounding Land Uses & Development Single family residential use within Garland Heights and Melody Rd Meadowbrook West subdivisions Whitestone Dr 416SN0717-2016OCT26-BOS-RPT PLANNING Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov ZONING VIOLATIONS In November 2015 and in March 2016, staff issued Notices of Violation to John Spence, the property owner, for operating a business (tourist home) incidental to his dwelling without the requisite zoning approval. In February 2016 the property listing was removed from the marketer’s website (Airbnb); however, the property was re-listed in March 2016prompting staff to issue the second Notice of Violation. In April 2016, the applicants filed this conditional use request and they are currently operating the business without the requisite zoning approval pending the outcome of this case. PROPOSAL The applicants stated they have operated a tourist home incidental to the dwelling for nearly four (4) years without the requisite conditional use approval. The Zoning Ordinance requires approval of a conditional use to permit a business to operate incidental to a dwelling in a Residential (R-7) District. The applicants have indicated that they market and book commercial transient occupancy for two (2) rooms in their home through the Airbnb website. Airbnb’s website indicates their company was founded in 2008 and that they are a “trusted community marketplace for people to list, discover, and book unique accommodations around the world – online or from a mobile phone or tablet”. Through the Airbnb website, the applicants are offering a portion of the dwelling for temporary lodging (ranging from one (1) night to extended stays) for compensation. The applicants have offered proffered conditions in an attempt to address the impact of the business on the surrounding residential area: General Overview Requirements Details Conditional use issued to the applicants only; not transferrable Non-Transferrable Proffered Condition 1 2 years from the date of approval Time Limitation Proffered Condition 2 Tourist home business provided: Use is incidental to dwelling Dwelling is occupied as applicants’ primary residence Does not include offering meals or alcoholic beverages for lodgers Use (Note: This is not intended to prohibit lodgers from preparing food or consuming alcoholic beverages. The condition confirms these services will not be part of the applicants’ business operation.) Does not permit operation of a special events business Proffered Condition 3 Compliance with Business operation must comply with all federal, state and local laws Law Proffered Condition 4 Other than accommodations for handicapped persons, no new exterior Expansion of Use construction, additions or alterations permitted to accommodate use Proffered Condition 6 516SN0717-2016OCT26-BOS-RPT General Overview (Continued) Requirements Details No more than 2 bedrooms shall be occupied by lodgers and entire dwelling cannot be rented to lodgers Bedrooms located in portion of dwelling closest to Melody Road A maximum of 4 lodgersshall be permitted at any one time with maximum of 85 total lodgers annually Bedrooms and Applicants required to maintain a written log of all occupancies Occupancy Lodger check-in between 4 p.m. and 10 p.m., except in emergencies Pet/animal boarding not permitted Smoke detectors maintained in each bedroom Require applicants to be on-site during times when the dwelling is occupied by lodgers Proffered Condition 5 and Exhibit A No signs shall be permitted to identify the use Signage Proffered Condition 7 Onsite parking required for four (4) lodger vehicles and one (1) for each of the Parking applicants’ vehicles Proffered Condition 8 Facilities for active outdoor activities not permitted; passive activities Outdoor permitted until 11 p.m. daily Activities and Setbacks for outdoor patio area Supplemental Vegetation to be supplemented along northern and western property Landscaping boundaries Proffered Condition 9 LAND USE AND IMPACTS ON RESIDENTIAL AREA Staff cannot support the request. The proposed business, while incidental to the dwelling, conflicts with the residential use suggested by the Plan. The request proposes to introduce a commercial use providing overnight accommodations for transient occupancy into an area of existing and anticipated single family residential use. Even with a limited number of bedrooms being offered for lodgers, approval would permit more than one family occupying a single family residence at any given time. Given the size and location of the request property, there are likely no conditions that would fully mitigate the impact of this use on the use and enjoyment of properties in the immediate vicinity for single family residential purposes. The applicants have proffered conditions, noted in the ‘General Overview Chart’ on the previous page and above, to address issues such as signage, meal and beverage provision, outdoor activities, parking, numbers of lodgers permitted, and numbers and locations of rooms available for occupancy. ENFORCEMENT It should be noted that many of the proposed proffered conditions, as well as other items identified that a business plan may include, are relative to uses/activities internal to the dwelling and will be difficult for staff to monitor and enforce. 616SN0717-2016OCT26-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov This request will have a minimal impact on Fire and EMS. Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Dale Fire Station, Company Number 11 EMS Facility The Dale Fire Station, Company Number 11 COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact of the proposal has been evaluated and it is anticipated to be minimal. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov To date, no comments have been received by VDOT. 716SN0717-2016OCT26-BOS-RPT WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439)blandj@chesterfield.gov The proposal’s impacts on the County’s utility system aredetailed in the chart below: Water and Wastewater Systems Currently Size of Existing Line Connection Required by County Code? Serviced? Water Yes 8” Yes Wastewater Yes 8” Yes The proposed use will not adversely impact the public water and wastewater systesms. ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov Environmental Engineering has no comment on this request. 816SN0717-2016OCT26-BOS-RPT CASE HISTORY Applicant Submittals 4/25/2016 Application submitted 8/31 and Proffered conditions were submitted. 9/1/2016 Community Meetings 7/11/2016 Issues Discussed: Applicants business plan and integrity Background checks performed on lodgers through the Airbnb company Marketing through the Airbnb website and experiences of previous lodgers at the request property and others who have used Airbnb to secure lodging Taxing of the business Impacts of use on single family neighborhood Safety concerns with transients in neighborhood Introducing commercial use in residential area Difficulty in monitoring and rule enforcement for use Impact on home re-sales and property values Options to advise neighbors that lodgers are present on property Noise, parking and traffic impacts 8/17/2016 Issues Discussed: Background checks performed on lodgers through the Airbnb company and applicants’ business plan Taxing of the business and compliance with other applicable laws Impacts of use on single family neighborhood and residents’ quality of life/property use Consideration of separation between these businesses if permitted in residential areas Safety concerns with transients in neighborhood and alcohol consumption Hours of operation and health inspections Introducing commercial use in residential area and size of lots within the neighborhood Difficulty in monitoring and rule enforcement for use Impact on home re-sales and property values Options to advise neighbors that lodgers are present on property Parking, traffic and impacts on school bus stops Noise impacts Approval could set precedent for other commercial uses Experiences of previous lodger at the request property and others who have used Airbnb to secure lodging Meadowbrook neighborhood important to vitality of this area of the County 916SN0717-2016OCT26-BOS-RPT Planning Commission Meeting 9/20/2016 Citizens Comments In Support: Airbnb company conducts criminal background checks on lodgers; use of web-based booking offers affordable and safe lodging options Applicants deemed as“super hosts” due to positive reviews Airbnb has received from their lodgers (Approximately 150 guests over the last 4 years) Applicants maintain property to keep business viable Property values not affected by use; home recently sold in area at asking price Neighbors unaware of use prior to zoning complaint; no incidents reported at request property Have used Airbnb site to book lodging in many locations; enjoyed stay(s) at applicants’ home; users consider Airbnb new travel experience Use will help bring new people to area; tourist home in Bon Air has been successful Lodgers bring additional revenue to areasupporting local businesses Additional people in neighborhood should not be a concern; parents accompany children to bus stop Government should not regulate who is permitted in someone’s home Applicants don’t sell food; unlike hotel because people cannot walk up to home and book a room Applicants and Airbnb company have insurance In Opposition: Petition in opposition provided with over 300 signatures Safety concerns for familiesdue to transients in neighborhood Approval would permit a motel in single family residential neighborhood; area is not a business district; for families, not strangers Property too close to school Applicants have no accountability for lodgers Use does not meet Zoning Ordinance criteria for conditional use approval Applicants have ignored local laws; tourist homes exist in county, including applicant’s tourist home, that are unlicensed, unregulated and operating without zoning approval Purchased property in single family residential area, not expecting motel or multi-family use next door Airbnb does not guarantee the background checks they perform according to their website Hotels have trained security to handle emergencies; tourist homes do not Vitality of Meadowbrook area important to the County; use would change character of area Young families are moving back into area; permitting use could jeopardize reinvestment in neighborhood and county investment in area schools 1016SN0717-2016OCT26-BOS-RPT Planning Commission Meeting (Continued) Citizens Comments(Continued) In Opposition (Continued): Tourist homes have quick turn-over in occupants, not the same as roommates/families sharing a home Tourist homes impact hotel industry which will negatively affect the area economy Selling price of home recently sold not reduced, but seller had to pay additional fees to complete sale; property values will be affected by use Applicants told neighbors extra cars at their house were from guests who attended parties there; kept business use hidden If approved no way to control operation Zoning Ordinance has regulations to separate different types of uses to ensure businesses are not located within single family residential neighborhoods Laws need to catch up with cyber businesses Commission Discussion Concern was expressed that the applicants have been cited twice for violation of operating the tourist home without zoning approval Mr. Sloan stated that the decision of the Commission was relative to land use, not a debate over the pros and cons of Airbnb. He expressed concern that people in the R-7 neighborhood expect to live in a residential neighborhood without anticipating a tourist home business. He also expressed concern that background checks through Airbnb require legal name of person booking, not others in the lodging party. Mr. Jackson noted the applicants purchased property is in a single family residential subdivision. He noted that Zoning Ordinance guidelines for granting a conditional use states that consideration should be given to the impact a use may have on the use and enjoyment of neighboring properties which permit single family residential use. He added that tourist homes have been a regulated use in the county for decades and that there were likely no conditions that would make the use acceptable to neighbors. Recommendation – DENIAL Motion: Jackson Second: Sloan AYES: Wallin, Sloan, Freye, Jackson and Jones The Board of Supervisors on Wednesday, October 26, 2016, beginning at 6:30 p.m., will consider this request. 1116SN0717-2016OCT26-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS 1. Non-Transferable Ownership: This Conditional Use shall be granted to and for John Willoughby Spence and Alton Lee Proctor, Jr., exclusively, and shall not be transferable or run with the land. (P) 2. Time Limitation: This Conditional Use shall be granted for a period not to exceed two (2) years from date of approval. (P) 3. Uses. This Conditional Use shall be limited to the operation of a business (tourist home) incidental to the dwelling provided such dwelling is occupied by the applicants as their primary residence. This business shall not include offering meals or alcoholic beverages for lodgers and shall not permit operation of a special events business for lodgers or others. (P) 4. Compliance with Laws: The tourist home business shall be operated in compliance with all applicable federal, state and local laws. (P) 5. Bedrooms and Occupancy: The maximum area for the use and occupancy shall be as follows: a.Bedrooms: No more than two (2) bedrooms shall be occupied by lodgers of the tourist home. The two (2) bedrooms available for occupancy by lodgers are those identified in Exhibit A, dated August 31, 2016. b. Except as may be required in emergency situations, lodger check-in shall be between the hours of 4 p.m. and 10 p.m. c. Pet/animal boarding shall not be permitted. d.A working smoke detector shall be provided and maintained in each bedroom. e. Occupancy: Occupancy shall be limited to a maximum of four (4) lodgers at any one (1) time. Occupancy shall be limited to a maximum of eighty-five (85) total lodgers in any calendar year. The applicants shall maintain a written log of all occupancies which shall include all lodgers’ names, dates and durations of occupancies and total lodging fees collected. Such written log shall be made available to the County upon request. f. Area and Supervision: The applicants shall not permit the entire home to be rented by lodgers and shall be on-site during times when the dwelling is occupied by lodgers to supervise guests and manage operations. (P) 1216SN0717-2016OCT26-BOS-RPT 6. Expansion of Use: Other than normal maintenance and cosmetic enhancements, there shall be no exterior additions or alterations to existing structures, nor any new construction, to accommodate this use. This does not restrict the Owners from providing necessary accommodations for the handicapped such as ramps. (P) 7. Signage: No signs shall be permitted to identify the tourist home business. (P) 8. Parking Spaces: In addition to one (1) parking space for each of the applicant’s vehicles, a minimum of four (4) parking spaces, which shall be at a minimum graveled, shall be provided in the area identified on Exhibit A for the tourist home business. Parking for the use shall not be permitted on any street. Within thirty (30) days of the approval of this request, a plan depicting the graveled parking area shall be submitted to the Planning Department for review and approval. Upon approval, the applicants shall have thirty (30) days to construct such parking in accordance with the approval plan. (P) 9. Outdoor Areas/Activities and Landscaping: Minimum setbacks and landscaping shall be provided to separate and screen outdoor spaces from adjacent properties. a. No active outdoor recreational facilities (such as, but not limited to, a pool, hot- tub, outdoor games such as corn-hole and courts) shall be provided to facilitate outdoor play by lodgers. This does not prevent passive outdoor activities such as grilling or gathering on an outdoor patio or deck provided such outdoor patio or deck shall be located no closer than seventeen (17) feet to the closest property boundary with Tax IDs 799-691-9425 and 780-691-0835. b. Outdoor activities shall not occur after 11 p.m. c. A row of evergreen trees shall be planted and maintained in the areas shown on Exhibit B, dated September 19, 2016” as “Landscaping Areas”. A landscaping plan shall be submitted to the Planning Department for review and approval within thirty (30) days of the approval of this request. These plantings shall be: i. A minimum of thirty-six (36) inches tall at time of planting; ii.Planted ten (10) feet on center; iii. Installed within ninety (90) days from the approval date of this request. (P) 1316SN0717-2016OCT26-BOS-RPT ATTACHMENT 2 EXHIBIT A August 31, 2016 2 bedrooms permitted nly for lodger occupancy Location of the o 1416SN0717-2016OCT26-BOS-RPT ATTACHMENT 3 EXHIBIT B September , 2016 1516SN0717-2016OCT26-BOS-RPT