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HomeMy WebLinkAboutSP200600025 Legacy Document 2007-03-14 (2)COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: SP 2006-025 King Family Vineyards Staff: Scott Clark Planning Commission Public Hearing: Board of Supervisors Public Hearing: January 23, 2007 February 14, 2007 Owners: David and Ellen King Applicant: David and Ellen King Acreage: 155.5 acres Special Use Permit for: Farm winery special events TMP: 55-80,55-81 Conditions: Yes Location: 6550 Roseland Farm, on Half Mile Branch Road approximately 2100 feet south of its intersection with Jarmans Gap Road Existing Zoning and By -right use: RA Rural Areas: Magisterial District: White Hall agricultural, forestal, and fishery uses; residential density (0.5 unit/acre); FH Flood Hazard — Overlay to provide safety and protection from flooding Requested # of Dwelling Units: N/A DA RA X Proposal: Expansion of existing farm winery to allow two Comprehensive Plan Designation: RA - Rural Areas: special events per week (12 events per year are permitted by preserve and protect agricultural, forestal, open space, and right). natural, historic and scenic resources/ density (.5 unit/ acre); Character of Area: Open agricultural land, forest, smaller Use of Surrounding Properties: Residential, open space, residential parcels agriculture Factors Favorable: Factors Unfavorable: 1. Additional events would help provide income to 1. Noise and light impacts on neighboring properties, keep an existing agricultural use viable. both from activities within the event building and 2. VDOT has found that traffic safety can be addressed from attendees in the parking lot. The building with minor alterations to the existing entrance. design is intended to reduce sound impacts from the 3. Health Department comments indicate that the site events, but outdoor sound after events (guests can support the necessary septic system. departing) would not be controlled. A condition regarding screening is recommended to reduce visibility and vehicle -light impacts. 2. Some area residents feel that existing traffic levels on Half Mile Branch Road are already high and increasing. However, VDOT has found that the road is within its capacity. A condition is recommended to increase safety at the entrance, which has poor sight distance for guests turning left onto the farm road turn. RECOMMENDATION: Staff recommends approval, subject to conditions. SP 2006-00025 King Family Vineyards Farm Winery PC Public Hearing — Jan. 23, 2007 Petition: PROPOSED: Expansion of existing farm winery to allow two special events per week (beyond the 12 events per year permitted by right). ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) SECTION: 5.1.25(c)(3) - Farm winery COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density ( .5 unit/ acre) ENTRANCE CORRIDOR: No LOCATION: 6550 Roseland Farm TAX MAP/PARCEL: 55-80, 55-81 MAGISTERIAL DISTRICT: White Hall Character of the Area: The immediate area is comprised of open agricultural fields, residential dwellings, hedgerows, patches of forest. The village of Yancey Mills, dating to 1748, located one mile to the south of the site, was an important commercial center in the County until WWII and is now primarily residential. The main street through Yancey Mills (Hillsboro Lane) is the former Route 39, the primary route west towards Rockfish Gap before State Route 250 was established in the early 1940's. Half Mile Branch (Route 684) intersects Hillsboro Lane near the western edge of the village, continues to the north, passing adjacent to the eastern edge of the King property and intersecting Jarman's Gap Road to the north. The easternmost boundary of King Family Vineyards lies approximately 1,800 feet from the boundary of the Crozet Development Area. Specifics of the Proposal: The applicants wish to increase the number of special events at their farm winery from 12 per year (as permitted under section 5.1.25(c)(3) of the Zoning Ordinance) to two events per week. The increase would represent an increase of 92 event days per year. However, as the applicants have given up their right to the four three-day by - right wine festivals per year permitted by 5.1.25(c)(4) under the terms of a conservation easement on the property, the increase over a typical farm winery is actually 80 days. The applicants propose to hold their special events within or on the porch of a new events building. See a preliminary design for the building in Attachment D. This building, which was permitted as an agricultural building, is already under construction. The property is under a conservation easement held by the Virginia Outdoors Foundation (VOF). VOF has stated (see Attachment F) that the proposed use is permissible under the terms of the easement. Planning and Zoning History: SDP 02-056 Kin Fly Vineyard Farm Winery Site Plan Waiver: On August 6, 2002, the Planning Commission approved this site plan waiver with conditions. Farm wineries must have an approved site plan or site -plan waiver. The current proposal will require minor amendment to this site plan. SP 2006-03 American Cancer Society, Pink Ribbon Polo: On May 3, 2006, the Board of Supervisors approved this special use permit for one polo match for charity fundraising purposes, with up to 2,000 attendees. This use was not associated with the farm winery, and was approved under section 10.2.2.42 of the Zoning Ordinance, which permits "temporary events sponsored by local nonprofit organizations which are related to, and supportive of the RA, rural areas, district." If not extended by Board amendment of the special use permit, this SP 2006-00025 King Family Vineyards Farm Winery PC Public Hearing — Jan. 23, 2007 0 approval will expire on May 3, 2011. Conformity with the Comprehensive Plan: The Rural Areas chapter of the Comprehensive Plan includes an objective to "support agricultural land uses and to create additional markets for agricultural products through creative economic and land use strategies." The proposed intensification of this use is intended to make an existing agricultural use more viable. Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. 31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, Most adjacent properties are protected from the impacts of this use by the long distances between the events area and the boundary of the applicants' farm. However, one adjacent property includes a dwelling that is approximately 600 feet from the events building, and approximately 350 from the near end of the parking area. The applicants had proposed to plant a screening buffer along the boundaries of the adjacent property, but agreed not to plant it after discussions with the adjacent landowners. Therefore, staff has recommended conditions that state that that buffer need not be planted (it is still shown on the conceptual plan in Attachment C), and that screening buffers around the parking area shall be planted. Traffic impacts are also a potential detriment to adjacent properties. Those impacts are discussed below under "public health, safety, and general welfare." that the character of the district will not be changed thereby and This use is supportive of an agricultural use in the Rural Areas, and so would help to maintain the character of the district. Levels of use would increase, but staff has found that the site can support the impacts of the use with the appropriate conditions. that such use will be in harmony with the purpose and intent of this ordinance, This use would be in harmony with two general purposes of the Zoning Ordinance: 1.4.8 To provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment; (Amended 9-9-92) This use would support an existing farm winery, which is an agricultural use. and with the purposes of the RA Rural Areas zoning district: 10.1 INTENT, WHERE PERMITTED This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the following purposes: (Amended 11-8-89) -Preservation of agricultural and forestal lands and activities; -Water supply protection; -Limited service delivery to the rural areas; and SP 2006-00025 King Family Vineyards Farm Winery PC Public Hearing — Jan. 23, 2007 3 -Conservation of natural, scenic, and historic resources. (Amended 11-8-89) This use is supportive of the protection of agricultural lands and activities, in that it increases the economic viability of a farm winery. with uses permitted by right in the district, This property and the surrounding properties are zoned RA, Rural Areas. The uses permitted by right under RA zoning include those that directly support agriculture, forestry, and the conservation of rural land. This farm winery is an agricultural use. The current proposal is more intense than that allowed by -right, but supports agricultural activity on the property. with the additional regulations provided in section 5.0 of this ordinance, Section 5.1.25 (see Attachment E) applies to farm wineries. This use is otherwise in conformity with those regulations, provided that the current request for a special use permit for additional events, allowed under 5.1.25(c)(3), is approved. The farm winery meets the requirements for tasting -room size and does not have a commercial kitchen or outdoor sound amplification. The special events are not requested to exceed the limit of 150 persons per event. and with the public health, safety and general welfare. The Virginia Department of Transportation (VDOT) has stated (see Attachment G) that the road leading to the site, Half Mile Branch Road, has sufficient capacity for its current level of use and the new traffic generated by the proposal. Recent traffic counts (2005) show 910 vehicles per day using the road; VDOT expects this to increase to approximately 1,000 vehicles per day on days when this use is active. However, some residents (see Attachments I and J) feel that Half Mile Branch is not safe, and that this use would further reduce traffic safety. Sight distance for guests arriving at the site from the south is significantly limited by the location of the entrance road at the top of a steep rise. VDOT has stated that the entrance can be made safe by a divider between the entrance and exit lanes at the entrance. This would force drivers to pull up to the top of the hill before turning in. At that point, sight distance is sufficient. Staff has recommended a condition requiring VDOT approval of the entrance design. The Virginia Department of Health (VDH) has stated that the site can support the septic effluent generated by the use. Staff has recommended a condition requiring VDH approval of the new septic system before the use can begin. Section 5.1.25(d) of the Zoning Ordinance requires VDOT and VDH approval on any site plan or site plan waiver for farm wineries. Attachments H through K are letters from the public commenting on this request. SUMMARY: Staff has identified the following factors favorable to this application: 1. Additional events would help provide income to keep an existing agricultural use viable. 2. VDOT has found that traffic safety can be addressed with minor alterations to the existing entrance. 3. Health Department comments indicate that the site can support the necessary septic system. SP 2006-00025 King Family Vineyards Farm Winery PC Public Hearing — Jan. 23, 2007 91 Staff has identified the following factors unfavorable to this application: 1. Noise and light impacts on neighboring properties, both from activities within the event building and from attendees in the parking lot. The building design is intended to reduce sound impacts from the events, but outdoor sound after events (guests departing) would not be controlled. A condition regarding screening is recommended to reduce visibility and vehicle -light impacts. 2. Some area residents feel that existing traffic levels on Half Mile Branch Road are already high and increasing. However, VDOT has found that the road is within its capacity. A condition is recommended to increase safety at the entrance, which has poor sight distance for guests turning left onto the farm road. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2006-25 King Family Vineyards under the following conditions: 1. The improvements proposed under SP 2006-025 and the scale and location of the improvements shall be developed in general accord with the conceptual plan entitled "Preliminary Site Development Plan, King Family Vineyards Farm Winery," prepared by David L. King, and revised July 14, 2006, with the exception that the "Proposed Visual Barrier Plantings" shown adjacent to Tax Map 55 Parcels 80A and 80A1 shall not be required. 2. The north and east sides of the northern "Existing Gravel Parking" area shall be planted with tall evergreen shrubs a minimum of 30 inches high at planting, spaced to form a dense hedge. A double - staggered row of evergreen trees shall be planted north and east of the hedge, a minimum of 5 feet in height when planted, and spaced fifteen feet on center. 3. All special events shall occur indoors within the building labeled "Proposed Winery Building" on the conceptual plan, or on the porch at the west end of the building, farthest from Route 684. 4. Events shall be limited to two per week. No more than 150 guests shall attend each event. 5. Event attendees shall depart no later than 11 p.m. 6. No sound amplification systems shall be used outside of the central events room of the building labeled "Proposed Winery Building" on the conceptual plan. 7. Approval of entrance improvements by the Virginia Department of Transportation. 8. Approval of the septic system by the Virginia Department of Health. ATTACHMENTS Attachment A — Area Map Attachment B — Detail Map Attachment C — Conceptual Plan (detail) Attachment D — Building Elevation Attachment E — Section 5.1.25 — Supplemental Regulations for Farm Wineries Attachment F — Letter from Virginia Outdoors Foundation Attachment G — Review Comments from Virginia Department of Transportation Attachment H — E-mail from Mike Webb Attachment I — Letter from Richard M. Brandt Attachment J — Letter from Nicholas R. Duke, Sr. Attachment K — Letter from William M. Wood, President, Western Albemarle Rescue Squad SP 2006-00025 King Family Vineyards Farm Winery PC Public Hearing — Jan. 23, 2007 5