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Home My WebLink AboutSP202100009 Review Comments Special Use Permit 2021-04-30COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 April 30, 2021 Christopher Murray 1217 Hazel St Charlottesville, VA 22902 cmurrayl217(a-)gmail. com RE: SP202100009 Natural Burial Ground at Panorama Farms Dear Mr. Murray: Staff has reviewed your initial submittal for a Special Use Permit for a cemetery use (SP2021-09). We have some questions and comments which we believe should be resolved or included as conditions of approval before your proposal goes to public hearing. We would be glad to set up a meeting with you to discuss these aspects. Our comments are provided below and organized in the following manner: A. Comments on the Special Use Permit B. How the proposal relates to the Comprehensive Plan C. Additional comments from reviewers D. Draft conditions based on review comments E. Additional Information A. Special Use Permit 1. Concept Plan. Staff appreciates the comprehensive information and thorough analysis that was provided on the concept plan sheets and with the narrative for this submittal. Modifications will need to be made to the plan prior to approval of the special use permit to provide for a plan that is clear on minimum requirements associated with SP conditions. This will ensure that there is no confusion in administering the plan once approved. There will likely need to be more discussion following the first round of reviewer comments before providing direction on changes to the concept plan. A few preliminary comments: • Label the events barn, parking area for events, and ceremony site on the concept plan so we can confirm there is no conflict between the two uses. • Minimum setbacks that may be recommended by staff should be shown. While the ordinance does not have setbacks or buffers specific to cemeteries, those may be established as a condition of SP approval as appropriate to mitigate any impacts to adjoining properties. Consider whether the buffer/screening requirements found in Commercial districts Section 21.7 would be appropriate in any locations. • General location of structures, parking, buffer/screening, limits of cemetery or maximum area should be shown. • Limits of grading and tree disturbance should be shown. • The metes/bounds description of the cemetery was a little hard for me to follow. Perhaps we can discuss how that information can be incorporated on an updated concept plan to define the limits of the cemetery. 2. Parking • Required Number of Spaces -Cemeteries are an unscheduled use so there is not a standard parking calculation in the parking schedule in Section 4.12.6 to establish the minimum number of spaces for the use. Section 4.12.7 applies for unscheduled uses and zoning considers data provided with a parking study to confirm the minimum number of spaces. The applicants have provided adequate data with Concept Plan Sheet D- Traffic and Attendee Data to demonstrate that the number of parking spaces proposed are adequate to serve the cemetery use. A final parking determination and final minimum/maximum number can be established prior to commencement of the use with the zoning clearance process. • Surface material -Section 4.12.15 establishes the minimum design standards for parking areas. All parking areas consisting of four or more spaces shall be surfaced. The surface materials for parking areas and access aisles shall be subject to review and approval by the county engineer, based upon the intensity of usage and Virginia Department of Transportation pavement design guidelines and specifications. The county engineer may approve the use of alternative surfaces deemed equivalent in regard to strength, durability, sustainability and long term maintenance for the intensity of the use. It is common for some Rural Area uses to allow overflow parking not to be paved/gravel provided that is located in a well - drained, suitably graded area adjacent to required parking area or use. If turf parking is approved, a condition of approval is recommended to address maintenance of the area. B. Comprehensive Plan Initial comments on how your proposal generally relates to the Comprehensive Plan are provided below. Comments on conformity with the Comprehensive Plan are provided to the Planning Commission and Board of Supervisors as part of the staff report. The Rural Area Chapter (Chapter 7) of the Comprehensive Plan designates this parcel, TMP 45-1, for Rural Area land uses. The intent of the Rural Area designation is to allow uses that preserve and protect agricultural, forestal, open space, and natural, historic, and scenic resources; and also to allow residential uses at a density of up to 0.5 acres per dwelling unit. While cemeteries are not explicitly addressed by the Comprehensive Plan, staff is able to make the following findings: o The proposed use does not conflict with agricultural and forestal uses. o The proposed use will remove a portion of this property from agricultural and forestal economies. o The proposed use will protect and preserve a rural landscape. o The proposed use will allow the land to act as a natural open space capable of supporting wildlife. o The proposed use will protect and enhance the rural quality of life for present and future Rural Area residents. o The proposed use addresses the needs of existing rural residents without fostering growth and further suburbanization of the Rural Areas. o The proposed use is appropriately located in the Rural Area because it relieves pressure to provide this land use within Development Areas, which are designated for more urban growth patterns. Staff generally finds the proposed use to be in compliance with the Comprehensive Plan. C. Additional Comments from Reviewers Planning Comments (Mariah Gleason mgleason(a)albemarle.org) In order to address the impacts generated by this proposal staff will recommend conditions. While the language of these potential conditions has not been developed the potential conditions include: 1. Limitation on development of the project consistent with the information that has been submitted or will be submitted in the application narrative and supporting documents. This includes burial areas, parking areas, entrances, a future pavilion location, and setbacks. 2. Requiring that the use acquire and maintain Green Burial Council's Cemetery Certification or Standards for Natural Burial Grounds. 3. Limiting maintenance and operation (digging of graves) of the cemetery to day light hours only. 4. Limitations on agricultural production within the proposed burial grounds area so agricultural activities do not adversely coincide with occupied burial plots. Zoning (Rebecca Ragsdale, rragsdale(a-)albemarle.org) Please refer to the Zoning Initial Review document attached. Engineering (Frank Pohl fpohl(c)albemarle.org) Engineering has no objections to the special use permit, but offers the following recommendation: 1. VSMP permitting will be required prior to any land disturbing activities. Tree clearing is considering land disturbance and is not exempt from VSMP requirements when associated with an SP or other development application. Clearing of trees as shown on the submitted plan cannot occur without an approved VSMP application and land disturbance permit. Fire/Rescue (Howard Lagomarsino hlagomarsino(a)albemarle.org) Fire Rescue has no objection to the special use permit. However, though not necessary to directly address at this stage but to help in planning future steps of this project, here are points Albemarle County Fire Rescue, ACFR, may consider: 1. To accommodate emergency vehicle access, emergency vehicle access road(s)/route(s) may be required to be identified 2. Emergency vehicle access road(s)/route(s) need to provide access to all buildings/structures to allow access of all sides of the ground level within 150 feet from the emergency apparatus (ex. proposed pavilion) 3. An emergency vehicle access road/route needs to provide a suitable surface to sustain the weight of emergency apparatus weighing up to 80,000 lbs. 4. An emergency vehicle access road/route needs to provide an unobstructed travel way, generally with a width of 20 ft. and no overhead obstructions equal to or below 13 ft 6 in. 5. Consider that any dead-end longer than 150 ft may need an appropriate turn around for emergency apparatus 6. After hours accessibility may be necessary Virginia Department of Transportation, VDOT (Adam Moore, adam.moore(a-).vdot.virginia.gov) VDOT has no objections to the special use permit, but offers the following comments: 1. Note that the final plan must show conformance with the VDOT Road Design Manual Appendices B(1) and F, as well as any other applicable standards, regulations or other requirements. Building Inspections (Betty Slough bslough(a)_albemarle.org) Building Inspections has no objections to the special use permit, but offers the following recommendation: 1. VCC 1108.2.6 Lawn Seating. Lawn seating areas and exterior overflow seating areas, where fixed seats are not provided, shall connect to an accessible route. Accessibility would also be required for the proposed pavilion. Albemarle County Service Authority. ASCA (Josh Kirtley, ioshua.kirtley(a)vdh.virginia.gov) Health Department has no objections to the special use permit, but offers the following comments: 1. VDH lacks regulatory authority regarding the placement of cemetery or burial grounds. As such, we generally provide recommendations that the burial ground maintain a 100' separation distance to a water supply source or surface water. In addition, we encourage the applicant to maintain at least a 50' setback between the burial ground and an existing or proposed sewage disposal system. Natural Resources (Kimberly Biasiolli, kbiasiolli(a)albemarle.org) The parcels do not have any overlap with known natural resources that might be of concern. D. Draft Conditions based on Review Comments Staff has not fully drafted conditions to date for this special use permit, due to possible changes to the proposal. Once conditions are drafted, staff will send them to you. Potential conditions may include: 1. General accord with location shown for burial areas, pavilion, entrance, and parking areas 2. Maximum acreage of burial areas 3. Size of pavilion 4. Establish minimum setbacks and buffers that must be maintained 5. Parking maintenance 6. Green Cemetery Certification or requiring that the use acquire and maintain Green Burial Council's Cemetery Certification or Standards for Natural Burial Grounds. 7. Limiting maintenance and operation (digging of graves) of the cemetery to day light hours only. 8. Limitations on agricultural production within the proposed burial grounds area so agricultural activities do not adversely coincide with occupied burial plots. 9. Requiring appropriate Virginia Stormwater Management Program permitting prior to any land disturbing activities, including tree clearing. E. Additional Information Action after Receipt of Comments After you have read this letter, please take one of the actions identified on "Action After Receipt of Comment Letter' attached. Resubmittal If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal. The resubmittal date schedule and other related resources are provided for your convenience online at: https://www.aIbemarle.org/government/community-develoPment/aPply-for/planning-and- site-development-applications Notification and Advertisement Fees Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. Community Meeting Prior to requesting a public hearing with the Planning Commission and Board, a community meeting must be held in accordance with Zoning Ordinance Section 18- 33.37. The community meeting for this proposal took place Wednesday, April 28, from 5:30pm-6:30pm. Surrounding community members were encouraged to submit comments and feedback on this proposal to County staff by May 5. As is typical, a summary of the meeting and community comments will be provided in the Staff Report to the Planning Commission. Feel free to contact me if you wish to meet or need additional information. My email address is mgleason(a)albemarle.org. Sincerely, kdua* Mariah Gleason Senior Planner, Community Development Department mgleason@albemarle.org 434-296-5832 x3097 enc: Att. 1: Zoning Initial Review Document Att. 2: VDOT Comment Letter Att. 3: Action After Receipt of Comments Att. 4: Resubmittal Schedule Att. 5: Resubmittal Form V County of Albemarle COMMUNITY DEVELOPMENT To: Mariah Gleason, Senior Planner REBECCA RAGSDALE Principal Planner, Zoning rrassd a Ie0albemarle.ore 434-296-5832 ext. 3226 Date: April 30, 2021 Re: Zoning Initial Review forSP202100009 Natural Burial Ground at Panorama Farms The following comments are provided as input from the Zoning Division regarding the above noted application. Parcel History There are a number of special use permits that have been approved and are still valid for the property: SP199700027 Panorama Farms, Inc. - A. R. C. Natural History Day Camp SP200000054 Albemarle High School Athletics - Albemarle High School Cross Country SP200000073 Panorama Trails, Inc. - Panorama Farms Bicycle Trails SP201100027 Panorama Events I don't believe that any of those prior SPs prohibit the cemetery in the location proposed and the cemetery doesn't appear to be in conflict with the conditions of other SPs. The cross country and bike trails are located on the opposite side of the farm and accessed via Panorama Road. The conditions of the special use permit (SP201100027) for events are below. The events barn and parking areas are accessed by the same entrance off Reas Ford Lane that is proposed for use with the cemetery. Will events be managed such that there would be no conflicts with the cemetery use? Development of the use shall be in general accord with the conceptual plan entitled "Concept Plan" and labeled "Attachment A Aerial View," prepared by the applicant, and dated 10117t2011 by staff. To be in general accord with the plan, development shall reflect the following central features essential to the design of the development the structure used for the special events the location of the parking areas Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance, and 2 The maximum number of special events per calendar year shall not exceed twenty-four (24), and 3 The maximum number of special event guests shall not exceed two hundred (200) persons. and 4 Hours of operation for the special events shall be no earlier than 11:30 a m and no later than 1030pm,and 5 No new permanent outdoor lighting shall be installed for this use, and 6 There shall be no outdoor amplified sound permitted for this use, and 7 The use shall not commence without approval from the Virginia Department of Transportation of sight distance from the entrance to the property. WWW.ALBEMARLE.ORG 401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596 Concept plan I appreciate the comprehensive information and thorough analysis that was provided on the concept plan sheets and with the narrative for this submittal. Modifications will need to be made to the plan prior to approval of the special use permit to provide for a plan that is clear on minimum requirements associated with SP conditions. This will ensure that there is no confusion in administering the plan once approved. There will likely need to be more discussion following the first round of reviewer comments before providing direction on changes to the concept plan. Afew preliminary comments: • Label the events barn, parking area for events, and ceremony site on the concept plan so we can confirm there is no conflict between the two uses. • Minimum setbacks that may be recommended by staff should be shown. While the ordinance does not have setbacks or buffers specific to cemeteries, those may be established as a condition of SP approval as appropriate to mitigate any impacts to adjoining properties. Consider whether the buffer/screening requirements found in Commercial districts Section 21.7 would be appropriate in any locations. • General location of structures, parking, buffer/screening, limits of cemetery or maximum area should be shown. • Limits of grading and tree disturbance should be shown. • The metes/bounds description of the cemetery was a little hard for me to follow. Perhaps we can discuss how that information can be incorporated on an updated concept plan to define the limits of the cemetery. Parking • Required Number of Spaces -Cemeteries are an unscheduled use so there is not a standard parking calculation in the parking schedule in Section 4.12.6 to establish the minimum number of spaces for the use. Section 4.12.7 applies for unscheduled uses and zoning considers data provided with a parking study to confirm the minimum number of spaces. The applicants have provided adequate data with Concept Plan Sheet D-Traffic and Attendee Data to demonstrate that the number of parking spaces proposed are adequate to serve the cemetery use. A final parking determination and final minimum/maximum number can be established prior to commencement of the use with the zoning clearance process. • Surface material -Section 4.12.15 establishes the minimum design standards for parking areas. All parking areas consisting of four or more spaces shall be surfaced. The surface materials for parking areas and access aisles shall be subject to review and approval by the county engineer, based upon the intensity of usage and Virginia Department of Transportation pavement design guidelines and specifications. The county engineer may approve the use of alternative surfaces deemed equivalent in regard to strength, durability, sustainability and long term maintenance for the intensity of the use. It is common for some Rural Area uses to allow overflow parking not to be paved/gravel provided that is located in a well - drained, suitably graded area adjacent to required parking area or use. If turf parking is approved, a condition of approval is recommended to address maintenance of the area. Special Use Permit Conditions we may want to consider: • General accord with location shown for burial areas, pavilion, entrance, and parking areas • Maximum acreage of burial areas • Size of pavilion • Establish minimum setbacks and buffers that must be maintained • Parking maintenance • Green cemetery certification WWW.ALBEMARLE.ORG 401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION Stephen C. Brich, P.E. 1401 East Broad Street (804) 7862701 Commissioner Richmond, Virginia 23219 Fax: (804) 7862940 April 2, 2021 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Mariah Gleason Re: Natural Burial Grounds — Special Permit SP-2021-00009 Review # 1 Dear Ms. Gleason: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the above referenced plan as prepared by the property owner, dated 15 March 2021, and offers the following comments: 1. Note that the final plan must show conformance with the VDOT Road Design Manual Appendices B(1) and F, as well as any other applicable standards, regulations or other requirements. The conceptual plan appears to be generally acceptable. If further information is desired, please contact Doug McAvoy Jr. at (540) 718-6113. A VDOT Land Use Permit will be required prior to any work within the right-of-way. The owner/developer must contact the Charlottesville Residency Transportation and Land Use Section at (434) 422-9399 for information pertaining to this process. Sincerely, Adam J. Moore, P.E. Area Land Use Engineer Charlottesville Residency VirginiaDOlorg WE KEEP VIRGINIA MOVING DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER RECEIPT OF COMMENT LETTER FIRST SET OF COMMENTS Your project has been scheduled for a public hearing by the Planning Commission for June 15, 2021, which is 90 days from the date your application was accepted for review. State Code requires a 90-day review by the Planning Commission unless the applicant requests deferral. As you will read in this comment letter, staff recommends changes to your project to help you achieve approval. Without these changes, staff cannot recommend approval to the Planning Commission. If you need more time to make these changes, and if you prefer to move forward to the Planning Commission with a recommendation for approval, you must request deferral. If you choose not to request deferral, staff will take your project to the Commission as originally submitted, but without a recommendation of approval. Instructions for requesting a deferral are outlined below. Within one week please do one of the following: 1) Request deferral, as required by Section 33.52(A)1, if you will resubmit, but would like to receive comments on the revised submittal, and understand the Planning Commission date will be later than June 15, 2021 2) Proceed to Planning Commission public hearing on June 15, 2021 3) Withdraw your application (1) Deferral requested To request deferral, you must submit a request in writing to defer action by the Planning Commission and Board of Supervisors. The request may be made by email. You may request a deferral for up to 36 months from the date your application was accepted for review, which is March 31, 2024. (This is based on the Board of Supervisors' September 5, 2018 action.) However, all outstanding information necessary for Commission action must be submitted by November 4, 2023, according to the published schedule. (See Section 18-33.52 of the Albemarle County Code.) (2) Proceed to Planning Commission Public Hearing on June 15, 2021 At this time, you may request that your application proceed to public hearing with the Planning Commission on June 15, 2021. With this option no additional documents will be accepted, and staff will take your project to the Commission as originally submitted, but without a recommendation of approval. Revised 9-17-19 MCN (3) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. Failure to Respond An application shall be deemed to be voluntarily withdrawn if the applicant requests deferral pursuant to subsection 33.52(A) and fails to provide within 90 days before the end of the deferral period all of the information required to allow the Board to act on the application, or fails to request a deferral as provided in subsection 33.52(B) or (C). Fee Payment Fees paid in cash or by check must be paid at the Community Development Intake Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator. Fees may also be paid by credit card using the secure online payment system, accessed at http://www.albemarle.org/department.asp?department=cdd&relpage=21685. Revised 9-17-19 MCN 2021 Submittal and Review Schedule Special Use Permits and Zoning Map Amendments Mandatory Preapp must be held no later than this day to file application by Deadline for Deadline for Filing (3 P.M.) First Set of Written Comments Due to Applicant EITHER Planning Commission Public Hearing if No Resubmittal is Necessary OR Resubmittal Deadline" PLEASE SEE THE RESUBMITTAL SCHEDULE Monday Monday Friday Tuesday Monday Jan 04 Tue Jan 19 Mar 05 A r 06 Feb 01 Feb 15 A r 02 May 04 Mar 01 Mar 15 A r 30 Jun 01 "* A r 05 Apr 19 Jun 04 Jul 06 "* Ma 03 Ma 17 Ju102 Auq 03 "* Jun 07 Jun 21 Aug06 Sep 07 "* Jun 28 JUI 19 Sep 03 Oct 05 "* Aug02 Aug16 Oct 01 Nov 02 "* Aug30 Sep 20 Nov 05 Dec 07 "* Oct 04 Oct 18 Dec 03 Jan 11 2022 "* Nov 01 Nov 15 Dec 30 Feb 01 2022 "* Nov 29 Dec 13 Jan 28 2022 Mar 01 2022 ** Dates with shaded background are not 2021. SPs for offsite or electric message signs follow the Variance schedule for the BZA. 2022 dates are tentative. Board of Supervisors' worksess ions and public hearings will be scheduled after the Planning Commision's action on applications. "" Resubmittals are accepted on ANY resubmittal Monday listed after the date of the written comments to the applicant. The PC public hearing date is the earliest date at which the request may be heard after the corresponding resubmittal deadline date. These schedules provide basic information. Please consult with the Planning Division for more details regarding schedules and processing FOR OFFICE USE ONLY SP # Fee Amount $ Date Paid By who? Receipt # Ck# By: Resubmittal of information for Special Use Permit PROJECT NUMBER THAT HAS BEEN ASSIGNED: Owner/Applicant Must Read and Sign I hereby certify that the information provided with this resubmittal is what has been requested from staff Signature of Owner, Contract Purchaser Date Print Name Daytime phone number of Signatory FEES to be paid after application For original Special Use Permit fee of $1,075 ❑ First resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) Free ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $538 For original Special Use Permit fee of $2,000 ❑ FirSt resubmis5lon (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) Free ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,075 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11/2/2015 Page 1 of 1