HomeMy WebLinkAboutSP200400004 Legacy Document 2006-01-23 (3)COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP 2004-00004 Lewis & Clark Exploratory Center
SUBJECT/PROPOSAL/REQUEST:
A special use permit is requested to allow
construction of a historical center with
modifications to supplemental regulations
for the use in Section 5.1.42 of the Zoning
Ordinance
STAFF:
REBECCA RAGSDALE
PLANNING COMMISSION DATE:
November 22, 2005
BOARD OF SUPERVISORS DATE:
January 4, 2006
PROPOSAL:
The Lewis & Clark Exploratory Center of Virginia (LCEC), a non-profit organization,
would like to establish a historical center within Darden Towe Park devoted to the Lewis
& Clark expedition within the context of local history. The planned historical center
would consist of a 15,000 square foot structure, including an amphitheater, outdoor
interpretive trails, a timber fort, lookout tower, and 83 parking spaces. Access to the park
is proposed along an existing gravel road the circles around the park to the east and
along the Rivanna River. This road would be extended approximately a quarter mile from
where it currently ends in the park and the entire road would be upgraded. (Attachment
A and B)
Expected visitation to the center has been estimated by the applicant to be a maximum
of 45,000-50,000 annually, based on figures compiled on annual visitors to local historic
homes such as Ashlawn-Highland and Montpelier. Average daily trips are not expected
to exceed 200 for the site. The applicant has requested modifications to Section 5.1.42
supplemental regulations for historical centers to allow a building larger than the 1,500
square feet permitted and to devote more than 10% of the floor area of that building to
accessory uses. The applicant would also like to hold a maximum of 12 special events
and four festivals a year at the historical center.
BACKGROUND:
The area devoted to the historical center is approximately 18 acres at the northern end
of the 112 -acre Darden Towe Park property. The site is bounded by Stony Point Road
(Route 20), Dorrier Drive, and the Rivanna River, with Trevillians Creek traversing the
site. The City of Charlottesville and County of Albemarle approved a lease agreement
with the Lewis & Clark Exploratory Center for this portion of the park in July 2003. Any
development proposals for the LCEC are reviewed by the Darden Towe Memorial Park
Committee which includes two County Board of Supervisors and two Charlottesville City
Councilors.
DISCUSSION/FINDINGS:
The Planning Commission held a public hearing on this special use permit request at
their October 4, 2005 meeting and it was deferred at the request of the applicant.
Several issues were raised by the Commission during their discussion at that meeting
and are discussed below.
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Lewis & Clark Exploratory Center
Access to the Historical Center
The Planning Commission review of this special use permit in October included two
possible means of access to the site. The first proposal, which was reviewed by staff
prior to the meeting, was to build a new entrance and turn lanes from Route 20/Stony
Point Road. The more recently proposed alternate access road through Darden Towe
Park, which is the preferable means of access, had not been reviewed by staff. The
Planning Commission agreed that access through the park was preferred but that it
should be reviewed by engineering and other staff prior to Planning Commission action.
The applicant submitted a revised application plan on October 18, 2005 (Attachment A)
which showed access through the park via an extension of the existing gravel road
around the outer edges of the park along the Rivanna River. This road is approximately
20-25 feet wide and gravel. It is located within the limits of the 100 year flood plain but is
outside of the 100 foot stream buffer. Engineering has indicated that the access appears
approvable but the following concerns are raised:
1. A Special Use Permit for fill in the floodplain will be required if final engineered plans show
any fill for the roadway. It appears as though the road could be constructed entirely by cutting
into existing grade.
2. The proposed alignment will require disturbance of critical slopes at the edge of the park and
the river. Because alternative reasonable alignments are possible [18-4.2.6c], a waiver to
develop on critical slopes is required [18-4.2.5], and is recommended to be processed with the
special use permit. (A road off the existing parking area would not disturb critical slopes.)
3. The length and alignment of road, as well as its placement at the perimeter of the park may
invite higher travel speeds. (A road off of the existing parking area would be much shorter,
with stop conditions at the intersection, and likely with lower travel speeds. However, bus
traffic through this area would be a nuisance.)
4. This property will not be accessible during times of flooding, and the road may be damaged.
A site plan is required for historical centers and would include more detailed engineering
to determine exactly what grading, cut, and fill would be occurring in the flood plain and
also include better information for critical slopes impacts. The information needed to
review the critical slopes waiver was not submitted in time for staff to review and provide
analysis for Planning Commission action. The information submitted for the critical
slopes waiver also includes justification for the access road in this location and is
provided for the Commission (Attachment C)
Eastern Connector
Staff has little new information to add to that included in the October 4, 2004 report
(Attached) to the Commission to address this concern raised by the Commission. The
Request for Proposal for the Easter Connector study is currently under development in
conjunction with the City of Charlottesville. The study will have an extensive public
process and determination of a proposed alignment is not expected before 2007.
Defining the proposed Lewis & Clark Exploratory Center as a Historical Center
The Zoning Administrator has previously determined that the proposed Lewis & Clark
Exploratory Center meets the definition of a historical center as defined by the
Ordinance:
One or more buildings, structures or facilities designed and/or used for educational
and/or interpretative activities related to natural, cultural, or agricultural history which are
open to the public and located at or adjacent to a historic resource. For purposes of this
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Lewis & Clark Exploratory Center
definition, a "historic resource" is a district, site, building or structure with architectural,
engineering, archaeological, or cultural remains present, which possesses integrity of
location, design, setting, materials, workmanship, and association, and which is
associated with one or more of the following historical or cultural themes: (i) events that
have made a significant contribution to the broad patterns of local, state or national
history; (ii) the lives of persons significant in local, state or national history; (iii) the
embodiment of distinctive characteristics of a type, period, or method of construction, or
that represent the work of a master, or that possess high artistic values; or that represent
a significant and distinguishable entity whose components may lack individual distinction;
or (iv) yielding information important to prehistory or history. (Added 6-8-05)
The applicant has submitted information explaining how they meet this definition.
(Attachment D) Additional background is provided by staff and the applicant for the
Commission's information. The zoning text amendment to allow historical centers was
approved by the Board of Supervisors in June 2005. It initiated as a result of the Lewis &
Clark Exploratory Center's proposal, which did not fit within a use category existing in
the Zoning Ordinance at that time. During the ZTA process, staff consulted with the
Historic Preservation Committee and had several work sessions with the Planning
Commission. The objectives of the ZTA were clear throughout the process and included
in all staff reports:
Define land uses such as the proposed Lewis and Clark Exploratory Center, historic
homes that want to open for interpretation such as Pine Knot, and natural resource
interpretation centers by amending the definition of museum. Allow for historical centers
by special use permit in non-commercial zoning districts. Such centers might interpret the
history and changes of a natural resource, agricultural history, or an archeological site,
and may include historic house museums or heritage centers.
Base Zoning Ordinance changes on the concept of heritage tourism. Heritage Tourism is
defined by the Thomas Jefferson Planning District Commission's Heritage Tourism
Toolkit as travel directed toward interactive experiences and activities concerning locally
or regionally significant historic, cultural and natural resources or landscapes that provide
educational, aesthetic, and economic benefits. Resources are those sites that are
significant to the heritage of a particular locality and may include its unique culture,
character, development, lifestyles, architecture, natural features and landscapes,
indigenous and emerging communities, and its historic events, places, people, and
folklore.
The commercial zoning districts in the Development Areas allow museums as a by -right
use and the supplemental regulations proposed for historical center are not intended to
address museums. Supplemental regulations for historical centers are based on what is
currently in the Zoning Ordinance for Farm Wineries and Agricultural Museums.
Historical Centers are not intended to apply to Monticello -scale uses that include multiple
sites, larger acreage, and greater square footage of building area. Supplemental
regulations for historical centers are intended to address size and scope limits.
The definition of "historic" resource within the historical definition is based on the Historic
Preservation Committee's definition of a historic resource. A definition of historic
resource that was somewhat broad was included so that there would be opportunities for
interpretation of important historic, natural, or cultural sites that did not meet the
definition of historic site or structure in the Zoning Ordinance which only includes those
listed on the State or National register. It is not intended to provide opportunities for
strictly commercial enterprises with no historic or education mission.
Historical centers are allowed by special use permit in the Rural Areas and Residential
Zoning Districts. The district regulations in the Zoning Ordinance delineate a number of
uses allowed by right, and a number of uses that are allowed by special use permit.
Uses allowed only by special use permit are those considered to have a potentially
greater impact upon neighboring properties or the public than those uses permitted in
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the district as a matter of right. If a special use permit is granted to allow the use, the
potential impacts are addressed through conditions imposed on the use There was
concern from some members of the Planning Commission that this historical center did
not have a connection to its interpretative themes on-site and that would be precedent
setting and jeopardize the Rural Areas in some way. It is important to remind the
Commission that the special use permit procedure, by its very nature, presupposes that
a given use may be allowed on parcel X but not on parcel Y, within the same zoning
district. Therefore, any action on this special use permit, would not set a precedent for
the Rural Areas.
Some Commissioners thought that this will be a spot zoning and that it is really an
outdoor museum or interpretative center and not on a historic property. Spot zoning is a
term defined as and applied to the rezoning process. A rezoning to a commercial use for
a museum would not be appropriate as the use has been determined to be a historical
center, which is allowed by special use permit in the Rural Areas and R1 zoning districts.
Further, a rezoning to a commercial use on this site to permit museums would be more
characteristic of a spot zoning condition given this area is not recommended for
commercial use in the Comprehensive Plan. Historical centers are considered to be a
sub -category of museums. Museums are allowed only in commercial districts and are
not regulated as to the themes of their exhibits, size, or scale. Some historical centers
may fit within the category of museum but some museums may not fit the category of
historical center.
RECOMMENDATION:
The LCEC has been found consistent with the Comprehensive Plan designation of Parks
and Greenways given that it will have civic and educational components to its use.
These include space for meetings, trails, and a focus on the river. The revised
application plan shows one means of access in the general location shown and
Condition #1 ties development of the site to this plan. Any major changes in access
would require revisions to the special use permit. Staff believes that access through the
park is the best option to access the proposed historical center and this has been now
been reviewed by County staff and is a viable option. More detailed engineering and
final road design is expected with the next step in the application process, a site plan,
and precise impacts to the flood plain and critical slopes will be known.
Should the Planning Commission wish to approve the SP 2004-004, the following
conditions are recommended:
1. The site shall be developed in general accord with all sheets of the plan entitled
"Lewis & Clark Exploratory Center," revised October 18, 2005 and prepared by
Nelson, Byrd, Woltz. Setbacks indicated in the table on sheets L3.1 and L3.2 do
not set increased minimum setbacks.
2. The top of the Lookout Tower, measured in elevation above mean sea level,
shall not exceed [AMSL + 351. The approved height shall at no time be taller
than the tallest tree within 25 feet of the Lookout Tower, and shall include any
base, foundation or grading that raises the pole above the pre-existing natural
ground elevation.
3. A maximum of 12 special events, in accordance with Section 5.1.42.1, are
authorized per calendar year.
4. A maximum of 4 festivals, in accordance with Section 5.1.42.j, are authorized per
calendar year.
5. A lighting plan and a landscaping plan shall be submitted, reviewed, and
approved by the Architectural Review Board prior to final site plan development
plan approval.
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6. In accordance with Section 32.7.9.9, a 20% tree canopy shall be required for the
site based on the disturbed area for the historical center building, parking, and
access road.
7. Prior to any grading or construction activity, the limits of the 100 -year flood plain
and stream buffers, where adjacent to constructed proposed improvements
including the amphitheater, timber fort, lookout tower, entrance road and
retaining wall, shall be flagged at 10 -foot intervals by a land surveyor to prevent
encroachment land disturbing activity, storage of construction equipment or
materials, and actual construction of improvements during construction.
Staff recommends approval of the modifications to Section 5.1.42:
Section 5.1.42.a new historical center structures:
Approval of a modification to allow the historical center structure to exceed the ordinance
provision that new buildings associated with historical centers not exceed 1,500 square
feet in floor area with the following condition:
1. The new historical center structure shall not exceed 15,000 square feet in floor area.
Section 5.1.42.8 Accessory Uses:
Approval of a modification to allow the floor area of accessory uses within the historical
center building to exceed 10% of the total floor area of the structure with the following
condition:
1. Accessory uses identified in Section 5.1.42(g) shall not exceed 20% of the floor area
of the building.
Attachments:
A. Application plan entitled "Lewis & Clark Exploratory Center," revised October
18, 2005
B. Schematic Site Plan
C. Critical Slopes Waiver Request dated November 7, 2005
D. Letter dated November 8, 2005 from the Lewis & Clark Exploratory Center
regarding historical information
E. Staff Report to the Planning Commission dated 10/4/04 with attachments
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