HomeMy WebLinkAboutSP202100009 Correspondence 2021-05-17April 301h Staff Comment letter and Applicant response:
A. Special Use Permit
Comments on the
1. Concept Plan.
Use Permit
Label the events barn, parking
area for events, and ceremony
site on the concept plan so we
can there is no conflict between
the two uses.
Minimum setbacks may be
recommended. Consider
whether Section 21.7
buffer/screening requirements
would be appropriate.
General location ofstructures,
parking, buffer/screening, limits
of cemetery or maximum area
should be shown.
Limits ofgrading and tree
disturbance should be shown.
Clarify Metes & Bounds
description
2. Parking
Required number of spaces...
Surface material...
See Attachment: SP202100009 - existing event barn & parking.pdf (Note: events parking shown is identical to original
SP201100027)
See Attachment: SP201100027 SUP Concept Plan and Maps.pdf alias
See attachment: A Base map -annotated v 2.0 Residential setback mandated by VA Code 57-26 subsumes all other
setbacks. PH has volunteered a 50' setback from adjacent properties should a waiver be granted at a future date.
See Attachment: SP202100009 -existing event barn & parking. pdf
See Additional Comments below.
See Attachment: Metes & Bounds description - v 2.0
See Zoning Comments below
SP202100009 I Natural Burial Ground at Panorama Farms Page:
April 301h Staff Comment letter and Applicant response:
B. Comprehensive Plan
"The propose use will remove a
portion of this property from
agricultural and forestal
economies.
Applicant Response:
In terms of "agricultural and forestal economies," the opposite is the case. PH would continue with the existing
agricultural operations (haymaking in particular), appropriately curtailing them as burial activity moves them
aside.
We anticipate that actual burial areas will begin on the Reas Ford Ln border, meaning that some of the
approximately 20-acre burial area might not be "removed from agricultural and forestal economies" for years as
the cemetery grows.
C. Additional Comments from Reviewers - Planning— cont d.
Reviewer Comments —
2. Requiring that the use
acquire[s] and maintain[s]
Green Burial Council's
[GBC's] Cemetery Certification
or Standards for Natural Burial
Grounds.
The choice of "green" vs. "conventional" burials is a business decision, potentially a competitive edge for an
operator navigating in a competitive business environment. Furthermore, a cemetery is a cemetery:
Albemarle County Code makes no distinction about what kinds of burials are performed. The county approved
a cemetery in Ivy in 2012. (See SP-2012-00003. Congregation Beth Israel Cemetery in Ivy approved June 6, 2012).
Although the Jewish community's burial practices are in fact "green;' the county left their burial methodology
up to the applicant. No other cemetery approvals (that I have found) have differentiated one burial method
from another.
The GBC is itself a business. Requiring membership in the GBC would be tantamount to the county requiring a
business join a trade organization before it is allowed to operate.
Nonetheless, acknowledging that there may be some benefit in differentiating "green" or "natural" burials
from interments in a conventional cemetery, GBC's Green Burial Ground Criteria may be helpful: Caring for
the dead with minimal environmental impact that aids in the conservation of natural resources. The natural
burial characteristics they cite are: no toxic embalming; no vaults; no upright gravestones or otherwise
minimally marked gravesites; the use of biodegradable containers, urns or shrouds. .
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April 301h Staff Comment letter and Applicant response:
C. Additional Comments from Reviewers - Planning — cont'd.
Applicant Response
4. Limitations of agricultural
PFI plans to continue with the existing agricultural operations (haymaking in particular), only curtailing
production within the proposed
them as burial activity begins to impinge upon the burial areas with an ad hoc buffer. To overstate the
burial [areas] so agricultural
obvious, a corn or soybean crop would not be compatible with burial ground activities. However, as an
activities do not adversely
example of compatible use, many green cemeteries utilize grazing sheep or goats — themselves a
coincide with occupied burial
commercial, agricultural product — to control vegetation in the burial areas. (Heavier animals like horses
plots.
and cattle that would damage turf are not indicated.) Turf control by grazing is an agricultural and
environmental win -win: It is an efficient, carbon free, self -fertilizing mowing system; and it is ad hoc,
portable and easily managed. Nonetheless, the types of agricultural pursuits that are compatible with the
cemetery — and there could be many — is a Panorama Farms business decision. We will balance our
responsibility to maintain the burial area with appropriate farming operations.
Reviewer Comments —Zoning
Parcel History
There are a number of special use
permits that have been approved and
are still valid for the property... Would
events be managed so that there would
be no conflicts with the cemetery use?
[Only one SP might present a
conflict], SP20110002 7 Panorama
Events. The conditions at issue:
2.... Maximum of 24 events per year
3.... Maximum of 200 persons per
event
Applicant Response:
Location. The attached map (SP202100009 - existing event barn & parking.pdf) shows the Panorama
Events barn, parking area for events, and the ceremony site. While the Green Cemetery and the Events
barn share the same entry road, the two activities are separate and distinct uses.
Timing & scale. The number and size of burial services cannot be limited. However, it would be an
extreme outlier service that would attract 200 attendees. It is important to note that the 24 Events
currently permitted have always occurred on weekends. The cemetery, on the other hand, will be
open daylight hours, M-F with no operating activity after 4:30pm. The cemetery would schedule no
weekend services except under extraordinary conditions. Rare weekday Events and burial services
may overlap, but that is predictive and easily handled on a case -by -case basis.
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April 301h Staff Comment letter and Applicant response:
Reviewer Comments —Zoning (cont'd)
Concept Plan
Label the events barn, parking &
ceremony site.
Applicant Response:
Attachment: SP202100009— existing event barn &parking.pdf
Minimum setbacks may be established as Minimum setbacks. State law requires a 750' setback from the nearest residence, unless an
a condition of approval to mitigate agreement is reached with the adjoining landowner. No waiver has been granted by the owner
impacts on adjoiningproperties of 3604 Reas Ford Ln. Therefore, no burial area is within 750' of that residence. The owners of
3600 Graemont Dr, and 95 Graemont Ln. have granted PH a waiver, however, the 3604 Reas
Ford Ln setback subsumes that of 95 Graemont Dr., rendering that waiver moot.
• There is a 40' natural gas pipeline easement paralleling Reas Ford Ln. It's eastern edge, 70' from
the road, is the western burial area border. No burial activity can occur on farm property
between the edge of that easement and Reas Ford Ln. (See below, E. Neighborhood comments
for potential proffer, a trail for Reas Ford Ln residents to avoid having to walk in the roadway.)
• No cemetery activity would occur less than 100' from any stream as required by County code.
Consider whether buffer/screening Section 21.7 buffer and screening requirements are also subsumed by the 750' setback in front of
requirements (Section 21.7) would be 3604 Reas Ford Ln. Due to the terrain, any vegetative border adequate to screen the burial area(s)
appropriate. from 3604 would, over time, obscure the view that the owner wants unfettered. In the wooded
area along the northern border, PH has volunteered a 50-100' setback from any affected neighbor's
property, which exceeds the 35' reference in Section 21.7.
General location ofstructures, parking,
buffer/screening, limits of cemetery or Attachment: SP202100009 — Green Cemetery Footprint - aerial - v 4.5.pdf
maximum area.
Metes & Bounds description should be
modified.
Limits of grading and tree disturbance
should be shown.
Attachment: Metes & Bounds description - v 1.5.docx
See Engineering below
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April 301h Staff Comment letter and Applicant response:
Zoning -Parking
Required number of spaces
Surface materials.
C. Additional Comments from Reviewer
Reviewer Comments— En
VSMP permitting will be required
prior to any land disturbing
activities... [including] tree clearing.
Limits of grading and
Tree disturbance
Staff deems parking is adequate to serve the cemetery use.
Attachment: Green Cemetery Parking and Pavilion - v 3.0 100ft scale. pdf
Section 4.12.15 establishes design standards for the average commercial parking area. PFI hopes to
work out a more flexible approach. Installing an impervious surface, for example would be
antithetical to all environmental goals of the project. However, continuing with the existing gravel
surface is appropriate.
Improvements to the existing track would need little if any land disturbance for both the road and
overflow parking. All road surfaces and designated parking areas will be gravel. (Overflow to the
overflow parking — for extreme outlier events — to the south of the proposed pavilion site would be
existing turf.) Regardless, any active burial activity would take place outside the ample, 50' travel way.
Future pavilion -specific siting is to be determined and grading would be part of the building permitting
process. There are no critical slopes in the burial area(s).
No mature (or native) trees need to be disturbed although Autumn Olive, Ailanthus and other invasive
species will be cleared from grown-up areas to the southwest. There are no critical slopes in those areas
and a minimum of 100' buffer will be created around an intermittent stream. There will be paths
through the wooded area(s), but their extent, location and layout are to be determined. That said,
access to graves or memorials in the wooded areas would be laid out specifically to avoid and to protect
mature trees. The presence of majestic, mature hardwoods is central to the ambience we seek to
maintain.
Reviewer Comments — Fire / Rescue Applicant Response:
Fire Rescue has no objection to the The current road way has been deemed adequate for emergency vehicle access (since 2012) and will be
special use permit... but to help in maintained for it to continue. Access to and around the future pavilion would be designed and
planningfuture steps of this project, maintained as required by the permitting process.
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April 301h Staff Comment letter and Applicant response:
ACFR may consider:
2. Emergency vehicle... access to all
[sides ofJbuildings/structures...
within 150feet
of the emergency apparatus (ex.
Proposed pavilion)
3. [PJrovide a suitable surface to
sustain ... up to 80, 000 lb.
emergency vehicles.
4. [PJrovide an unobstructed travel
way, generally... 20' wide and no
overhead obstructions [less than]]3'
6".
When the 1953 farm track is upgraded, it will have an adequate travel way (within a 50' right of way),
and overhead clearance will be provided as necessary.
The T-intersection beyond the burial area is a turn -around area that can accommodate emergency
vehicles.
5. Consider that any dead-end
longer than 150' may need an After hours accessibility will be arranged in a manner satisfactory with ACFR.
appropriate turnaround for
emergency apparatus. I Attachment: SP202100009 — existing event barn & porking.pdf
6. After hours accessibility may be
necessary.
Reviewer Comment - VDOT
Applicant Response:
VDOT has no objections to the Internal roads will remain gravel and maintained as required.
special use permit...
C. Additional Comments from Reviewer (cont'd)
Reviewer Comment — Buildin
Lawn seating areas and exterior
overflow seating areas, where fixed
seats are notprovided, shall connect
to an accessible route. Accessibility
would also be required for the
proposed pavilion.
Any future pavilion will comply with required permitting standards.
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April 301h Staff Comment letter and Applicant response:
Reviewer Comment —Albemarle County Service
... recommend[s] that the burial
ground maintain a 100'separation
distance to a water supply source or
surface water... and at least a 50'
setback between the burial ground
and an existing or proposed sewage
disposal system.
Should the 750' setback no longer exist between the burial ground and 3604 Reas Ford Ln., the only
residence near enough to be affected, setbacks requested by ASCA would apply to both the existing
well and septic field.
D. Draft Conditions based on Review Comments
Potential Conditions:
1. General accord with location
shown for burial areas, pavilion,
entrance and parking areas.
2. Maximum acreage of burial
areas.
3. Size ofpavilion
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 GBC Cemetery
Certification or Standards of
Burial Grounds.
7. Limit maintenance and
operation (digging ofgraves) of
the cemetery to the day light
hours only.
1. Attachment: SP202100009 — Green Cemetery Parking and Pavilion - v 3.0 100ft scale. pdf
Attachment: SP202100009 — Green Cemetery Footprint - aerial - v 4.5.pdf
2. Maximum acreage: 20 acres+\-
3. Pavilion size: 1,200 — 2,000 square feet +\-
4. Setbacks & buffers: addressed above
5. Parking areas will be maintained as required.
6. GBC: addressed above
7. Operating hours will be during daylight hours only.
8. See above. Concurrent agricultural activities are a management decision. Land use issue has been
SP202100009 I Natural Burial Ground at Panorama Farms Page:
April 301h Staff Comment letter and Applicant response:
8. Limitations on agricultural
production within the proposed
burial grounds area so
agricultural activities do not
adversely coincide with occupied
burial plots.
9. Requiring VSMP permitting
prior to any land disturbing
activities, including tree
clearing.
E. Neighborhood Comments
Comment:
Sharon Davis — 3604 Reas Ford Ln.
Lisa Rollins, 3855 Reas Ford Ln:
4. Those of us living on Reas Ford
Lane are already dealing with
increased traffic due to Panorama
establishing a day camp during the
summer months, as well as using it
as a venue for weddings and parties.
5. If this burial site is also
established, this would be the third
thing Panorama has established that
is increasing the traffic on this lane.
7. The increase traffic also increases
the amount of dust
addressed above
9. VSMP permitting: as applicable
See Attachment: Neighbor comment and response - Sharon Davis
See Attachment: Public Comment_ Rollins-1
Note: 3855 Reas Ford Ln is at the corner of Reas Ford Rd and Reas Ford Ln. From Reas Ford Road to
Graemont Lane, there are 11 properties with access to the 50' wide gravel roadway. From
Graemont Ln, where the road narrows, to the dead end on Reas Ford Ln, there are four properties.
The majority of dust and traffic noted in the comment occurs well before the site.
For 24 years, ARC Nature Camp has been operating for two weeks in June, under Special Use Permit
SP199700027. Panorama Events operates under SP201100027. No weddings have occurred since
October 2018, and the long-term future of Events is to be determined. The applicant has no control
over the quality, nor the capacity of Reas Ford Ln. There is a "Road Narrows" sign and posted speed
limit of 10 mph .
The Events barn has been approved since 2012 for 24-events per year, and up to 200 attendees per
event. Both VDOT and Fire & Rescue deemed the road adequate then, as they have now. There may be
a larger number of them, but the average natural burial service is a fraction as large. Traffic is one-way
coming; and one-way going, so opposing traffic conflicts would be minimal. And, one can assume, burial
services are quieter, more sober affairs than weddings.
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April 301h Staff Comment letter and Applicant response:
3. People walk on this lane as it is a
way to stay away from the traffic on
Reas Ford Road.
Sharon Davis:
..... it is critical for those who
regularly use the road for running or
walking maintain their ability to
jump out of the way of speeding
vehicles trying to stop quickly on a
dirt road. "
F. Miscellaneous
PH would be glad to work with interested parties to reduce dust on internal roads.
The east side of Reas Ford Ln bordering Panorama Farms and the burial site has a high bank covered in
brush and mature trees that define an ancient fence line. As both Ms Rollins and Ms Davis point out,
walking in the roadway might make some nervous. The Murray Family would be glad to proffer a
walking path in the field parallel to Reas Ford Ln, between the 40' gas line easement (the east side of
which is the burial area boundary) and the approximately 15' between the west side of the easement
and old fence line. Such a path would provide residents of Reas Ford Ln a means to avoid having to walk
on the road.
Item: Comment
Perpetual care trust fund I Attachment: VA Code/54.1-2319 perpetual care trust fund required
Virginia cemetery law requires that a percentage of all revenue be deposited into a trust fund for the
perpetual care of burial plots. Should the cemetery go out of business, income from the trust fund will
be available to maintain graves in perpetuity.
Setbacks I Sec. 21.7 - Minimum yard requirements.
The minimum yard requirements in the commercial districts are as follows:
a. Adjacent to streets. The minimum and maximum front yards shall be as provided in section 4.20.
b. Adjacent to residential, rural areas, or the Monticello Historic districts. If the abutting lot is zoned
residential, rural areas, or the Monticello Historic district, the minimum and maximum side and rear
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April 301h Staff Comment letter and Applicant response:
yards shall be as provided in section 4.20.
c. Use buffer adjacent to residential and rural areas districts. For the purpose of this subsection, a use
buffer shall not be required when a commercial zone is across a street from a residential or rural area
district. No construction activity including grading or clearing of vegetation shall occur closer than 20
feet to any residential or rural areas district. Screening shall be provided as required in section 32.7.9.
The board of supervisors may waive by special exception the prohibition of construction activity, grading
or the clearing of vegetation in the use buffer in a particular case upon consideration of whether: (i) the
developer or subdivider demonstrates that grading or clearing is necessary or would result in an improved
site design; (ii) minimum screening requirements will be satisfied; and (iii) existing landscaping in excess
of minimum requirements is substantially restored.
G. Addenda
Attachments referenced in text above.
1. SP202100009 - existing event barn & parking.pdf (Note: events parking shown is identical to original SP201100027)
2. SP201100027 SUP Concept Plan and Maps.pdf
3. https///law.lis.virginia.gov/pdf/vacode/57-26/.pdf
4. VA code/54.1-2319 perpetual care trust fund required.pdf
S. SP202100009-Resubmittalcertification —executed
6. Metes & Bounds description - v 2.5.pdf (revised v 1.5)
7. Green Cemetery Parking and Pavilion - v 3.0 100ft scale.pdf
8. Public Comment_ Rollins-1
9. Neighbor comment and response - Sharon Davis
10. Green Cemetery Footprint - aerial - v 4.5 2 (Note: setback -related content removed for clarity)
11. Base map - annotated v 2.0 (Residential setback mandated by VA Code 57-26 subsumes all other setbacks.)
12. 10 mph at Reas Ford Lane.jpeg (Reas Ford Ln at the intersection of Graemont Drive. Approximately 300 yards from the site at 3550 Reas Ford Ln)
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