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HomeMy WebLinkAboutZMA202200001 Review Comments Zoning Map Amendment 2022-04-01County of Albemarle c na�r COMMUNITY DEVELOPMENT DEPARTMENT 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 April 1, 2022 Mr. Dean Andrews Easton Porter 5022 Plank Road North Garden, VA 22959 434-202-8063 dean(a)eastonoorter.com ZMA2022-00001 & SP2022-00002 Crossroads Tavern and Inn at Pippin Hill Dear Mr. Andrews, phone:434-296-5832 www.albemarle.org Staff has reviewed your submittal for the zoning map amendment and special use permit applications, ZMA2022-00001 and SP2022-00002, Crossroads Tavern and Inn at Pippin Hill. We have a number of questions and comments which we believe should be addressed before we can recommend favorably on your ZMA and SP requests to the Planning Commission and Board of Supervisors. We would be glad to meet with you to discuss these issues. Review comments are provided below, organized by Department, Division, or agency. Planning comments are provided first, followed by the other departments: Planning — General ZMA and SP Comments 1) Update the project narrative and concept plan with the assigned project numbers, ZMA2022-00001 and SP2022-00002. 2) Because these two applications are related, it is recommended that the narratives for the ZMA and the SP be combined into one narrative that covers both applications. (Staff recognizes that it appears both narratives already are largely similar; however, confirm that there is one narrative, and include both project application numbers in the narrative.) One difference I noticed is the inclusion of a section about proffers in the ZMA narrative that was not in the SP narrative. Also, revise that statement to reference the rezoning application, not the special use permit. (Proffers are not provided for special use permits.) 3) In the narrative and on the concept plans, provide more information on what is proposed for the existing non -historic house on TMP 87-4. What will this structure be used for? Or any changes or additions proposed for it? 4) Is there a recorded easement for the entrance into the historic tavern, as it appears the entrance is actually located on the parcel of the Pippin Hill Vineyard? A boundary line adjustment plat should be considered to ensure the entrance is on the same property as the tavern and inn. 5) A landscaping/vegetative buffer is appropriate for the area along the common boundary line with TMP 87-513 to the north/northeast, in order to mitigate potential impacts of the proposed use, including the northernmost cottages, the connector road with Pippin Hill, the drain field, and the solar array, on the neighboring property owner. The proposed road appears to be right on the property line. Staff will likely propose a condition of the special use permit to the Planning Commission and Board of Supervisors requiring some sort of buffer along this common property line. 6) Although staff appreciates the proposal to plant additional landscaping along the south side of Plank Road, across the street from the tavern, to enhance the Entrance Corridor, it is recommended that those proposed landscaping areas be removed from the concept plan. It can be difficult for the County to ensure compliance on a separate property that is not under common ownership with the parcels subject to this special use permit. 7) Are bollards or a gate proposed for the connector road between the tavern/inn property and the vineyard property? 8) In the legend on the "proposed site plan" sheet of the concept plan, there is a reference to WDOT- owned land." Clarify where this portion of the property is and what its boundaries are. 9) Identify the eastern entrance into the property (closest to the intersection with Route 29) as an emergency entrance only to clarify that guests will not be using that entrance. (In addition, all entrances must be approved by VDOT at the site planning stage.) 10) In either the section on public facilities and infrastructure or the section on public health, safety, and welfare, include a section about any potential impacts to policing services. Also, it is recommended that it be more clearly stated that this is a commercial use, so impacts to public school capacity are not expected. 11) Since this property is designated as Rural Areas in the County's Comprehensive Plan, it is recommended that the section of the project narrative that discusses consistency with the comp plan include a section that specifically references how this proposal supports the goals and objectives of the Rural Areas chapter (chapter 7) of the Comp Plan. Commercial uses in the Rural Areas should support agricultural and forestry services and products. It appears there is already some discussion on this topic in the last sentence of that section, where it is stated that the inn and tavern will support horticultural activities, wine -making, organic gardening, and other ag-forestal type uses. It is recommended that this section be further expanded. 12) Advisory Comment: There are areas of critical slopes on these parcels. These slopes cannot be disturbed. Staff recognizes that it does not appear that they are being disturbed based on review of the concept plan, but it is important to keep in mind. 13) Advisory Comment: Review Section 18-5.1.61 of the Zoning Ordinance (httr)s://library.municode.com/va/albemarle county/codes/code of ordinances?nodeld=CH18ZO A RTIIBARE SSSURE S5.1SURE S5.1.61 HIRETAIN). This proposed use will be subject to these supplementary regulations. 14) Advisory Comment: Review Section 18-10.4 of the Zoning Ordinance (httr)s://library.municode.com/va/albemarle county/codes/code of ordinances?nodeld=CH18ZO A RTIIIDIRE S10RUARDIA S10AARBURE). This section includes area and bulk regulations for the Rural Areas zoning district. This proposed use will be subject to these regulations. 15) Advisory Comment: The two parcels of this application may need to be combined into one parcel with a boundary line adjustment plat at the site planning stage to ensure all design criteria and regulations are met. Easements and shared use agreements may be required if they are not combined. Removing the common property line would also help with setback requirements, since there would be no property line down the middle of the property. 16) Advisory Comment: A full list of proposed conditions for the special use permit will be provided prior to the Planning Commission public hearing. Conditions are included to mitigate potential impacts of the project on neighboring properties and infrastructure. 17) Advisory Comment: A community meeting with nearby residents and property owners is required prior to public hearings with the Planning Commission and the Board of Supervisors. Such a community meeting is currently scheduled for April 4, 2022. Additional comments may be provided based on the discussion and feedback from that meeting. 18) Advisory Comment: These properties are adjacent to an agricultural -forestal district. TMP 86-27 (owned by Boaz Mountain, LLC), which is across Plank Road to the south of the subject parcels, is located within the Hardware Agricultural -Forestal District (AFD). It has been determined that it is likely that these applications will need to be taken before the Agricultural -Forestal District Advisory Committee for that body's review to determine whether the proposed use will have an impact on the AFD. Staff will keep you informed of when this meeting is scheduled. Scott Clark, Senior Planner II (sclark(a)albemarle.oro), is the secretary of the AFD committee and can assist with questions about this meeting. 19) Advisory Comment: These properties are located within the Entrance Corridor Overlay District. If the Board of Supervisors approves these applications, the site plans will need to be reviewed by the Architectural Review Board (ARB). 20) Advisory Comment: Site plans and VSMP plans will be required at the site development stage if these applications are approved by the Board. All requirements of Section 18-32 of the Zoning Ordinance will need to be met at this stage, including but not limited to design requirements, parking requirements, height requirements, zoning district requirements, landscaping and lighting requirements, and compliance with the conditions of the special use permit. 21) Advisory Comment: Review by the Zoning division is pending. Additional comments from the Planning division may be provided once comments from Zoning have been received. Planning Division —Transportation. Community Development Department No objections at this time. Transportation Planning reviewer Kevin McDermott, Planning Manager, kmcdermott analbemarle.oro. Planning Division —Architectural Review Board (ARB), Community Development Department Please see the comments below that have been provided by Margaret Maliszewski, ARB Staff Planner (Planning Manager), mmaliszewski(a)albemarle.org: 1. Revise the plans to correctly identify the summer kitchen. 2. Provide documentation from the Virginia Department of Historic Resources that the proposed development will not negatively impact listing in the state or national registers. 3. Describe how the design of the new cottages will maintain compatibility with the historic structures without confusing new construction with old. 4. Consider implementing educational tools for guests to explain which buildings are historic and which are not. 5. Describe how the porte-cochere will be designed to achieve an appropriate form and scale for the historic buildings and setting. Zoninq Division, Community Development Department Review pending; comments will be provided to applicant upon receipt by Planning staff. Zoning reviewer Lea Brumfield, Senior Planner II, Ibrumfield(o)albemarle.org. Engineering & Water Resources Division, Community Development Department No objections at this time; however, see below for advisory comment. Deputy County Engineer, Emily Cox, ecox(a)albemarle.oro: Per County Code Chapter 17, VSMP permit will be required if land disturbance is over 10,000 SF. see Accessibility will need to be addressed in all features. , bslouohna.albemarle.oro: Albemarle County Fire -Rescue No objections at this time; however, see below for advisory comments and recommendations provided by Howard Lagomarsino, Fire & Rescue plans reviewer, hlaoomarsino(a)albemarle.org: Do not object to the concept, as long as the fire and emergency apparatus access and water supply are addressed as the process progresses: The following are offered for consideration as the project progresses through the design and approval process: 1) 1 see the cistern on the drawing but question how the Fire department accesses it as there is a cemetery, vegetation, and it appears to be off the proposed emergency road some ways (example - is it going to be connected to a dry hydrant), which appears that when accessing the cistern, will be blocked. 2) All sides of the cottages would need to be within 150 feet of the access roads to allow hose -line access from the fire apparatus. 3) The roads need to meet the County driveway standards, keeping in mind the need to get fire and emergency apparatus to structures. Virginia Department of Transportation (VDOT) Please see the attached memorandum with comments from the VDOT contact — Doug McAvoy, douglas.mcayoylp%ydot.yirginia.goy. Virginia Department of Health — Blue Ridge Health District (VDH) Please see the attached memorandum with comments from the VDH contact — Alan Mazurowski, alan.mazurowski(a)vdh.virginia.gov. Action after Receipt of Comments After you have read this letter, please also review the "Action After Receipt of Comments Letter," which is attached, and which outlines the next steps. Resubmittal When you resubmit, please use the attached forms. There is no fee for the first resubmittal. Notification and Advertisement Fees It appears that the Public Notice Requirement fees have already been paid for this application. Additional notification fees will not be required unless a deferral takes place in which adjoining owners need to be notified of a new date. Please feel free to contact me if you wish to meet or need additional information. My email address is areitelbach(a)albemarle.oro, and my phone number is 434-296-5832 ext. 3261. Sincerely, Andy Reitelbach Senior Planner II Planning Division, Department of Community Development enc: Memorandum from Douglas McAvoy, Virginia Department of Transportation (VDOT) Memorandum from Alan Mazurowski, Virginia Department of Health (VDH) Action After Receipt of Comments Letter Zoning Map Amendment Resubmittal Form Special Use Permit Resubmittal Form COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION Stephen C. Brich, P.E. 1401 East Broad Street Commissioner Richmond, Virginia 23219 February 3, 2022 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Andy Reitelbach Re: Crossroads Tavern at Pippin Hill — Special Use Permit and Rezoning SP-2022-00002 and ZMA-2022-00001 Review # 1 Dear Mr. Reitelbach: (804) 7862701 Fax: (804) 7862940 The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the above referenced plan as prepared by the owner, dated 17 January 2022, and offers the following comments: 1. What is the "VDOT-owned land... " on Parcel 87-4 mentioned on page 2? 2. Note that the final plan must show conformance with the VDOT Road Design Manual Appendices 13(1) and F, as well as any other applicable standards, regulations or other requirements. Please provide a digital copy in PDF format of the revised plan along with a comment response letter. 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, Doug McAvoy Jr., P.E. Area Land Use Engineer Charlottesville Residency VirginiaDOT.org WE KEEP VIRGINIA MOVING _.Uk WI._ Um bdy. Heaft DkMlcl VVQMA DEPARTMENT OF MEAIM Andy Reitelbach, Senior Planner II Albemarle County Community Development 401 McIntire Road Charlottesville, VA 22902 RE: Crossroads Tavern and Inn at Pippin Hill Special Use Permit/ Rezone Request Tax Map: 87-313, 87-4 SP202200002 ZMA202200001 Mr. Reitelbach: cn0lE0N*9VG*/A1XWKVW Healh Depanm«w 1138 Rose W Drive CTpt0l1etv4e. VA 22903 aft@ A34-972 6200 1 laa 434-972-4310 March 4, 2022 As requested, I've reviewed the subject plan, dated 1/17/22, for the proposed development. I have no concerns or objections to approval of the Special Use Permit, but offer the following comments: 1. Designs for the new septic system will need to be approved by this office prior to approval of a site plan or issuance of construction permits. 2. It does not appear from our records that the water system serving the current facilities is regulated by the Office of Drinking Water, however, the proposed development may put them over that threshold. I recommend the applicant contact ODW's Lexington Field Office to determine regulatory requirements. 3. VDH does not regulate and cannot give approvals for cistern water systems with potable (domestic) connections. Cisterns may be constructed for agricultural, gardening, etc. uses and does not require permitting by VDH. If there are any questions or concerns, please give me a call, 434-972-4306. Sincerely, Alan Mazurowski Environmental Health Supervisor Blue Ridge Health District alan.mazurowski(a)vdh.vir ig nia.gov DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER RECEIPT OF COMMENT LETTER Your project has been scheduled for a public hearing with the Planning Commission for April 26, 2022, which is within 90 days from the date that your application was accepted for review. State Code requires a 90-day review by the Planning Commission unless the applicant requests deferral. However, as you will read in this comment letter, staff recommends changes and the provision of additional information for your project to help you achieve approval. Without these changes and additional information, staff cannot recommend approval to the Planning Commission. 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. Please do one of the following: (1) Request deferral, as required by Section 33.11, if you will resubmit. Be advised, the Planning Commission date will be later than April 26, 2022. (2) Proceed to Planning Commission public hearing on April 26, 2022. (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. Please note that your request for deferral may not be accepted and the County may retain the initial scheduled hearing date. If your request for deferral is accepted the application will be deemed withdrawn if the application is not reactivated within six months of the request for deferral or within 32 months from the time the application was determined or deemed complete. (2) Proceed to Planning Commission Public Hearing on April 26, 2022 At this time, you may request that your application proceed to public hearing with the Planning Commission on April 26, 2022. With this option, no additional or revised 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 33.11 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 33.11. 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 https://www.albemarle.org/government/community-development/apply-for/planning-and-site- development-applications. Revised 9-17-19 MCN Resubmittal of information for �$��°F"`8 Zoning Map Amendment t ��RG/NyP 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 Print Name FEES that may apply: Date Daytime phone number of Signatory Resubmittal fees for original Zoning Map Amendment fee of $2,958 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,479 ❑ 4% Technology surcharge $59.16 TOTAL ZONING MAP AMENDMENT RESUBMISSION FEE $1 538.16 Resubmittal fees for original Zoning Map Amendment fee of $4,141 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $2,070 ❑ 4% Technology surcharge $82.80 TOTAL ZONING MAP AMENDMENT RESUBMISSION FEE $2,152.80 To be Daid after staff review for Dublic notice: Most applications for a Zoning Map Amendment require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. ➢ Preparing and mailing or delivering up to fifty (50) notices $237 + actual cost of first-class postage ➢ Preparing and mailing or delivering each notice after fifty (50) $1.19 for each additional notice + actual cost of first-class postage ➢ Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (averages between $150 and $250 FOR OFFICE USE ONLY Fee Amowt $ Date Paid By who9 Receipt Ck# By: Community Development Department 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 7/1/2021 Page 1 of 1 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 $2,366 ❑ First resubmission (TO BE PAm WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) Free ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,183 ❑ 4% Technology surcharge $47.32 TOTAL SPECIAL USE PERMIT RESUBMISSION FEE $1,230.32 For original Special Use Permit fee of $1,183 ❑ First resubmission (TO BE PAm WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) Free ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $592 ❑ 4% Technology surcharge $23.68 TOTAL SPECIAL USE PERMIT RESUBMISSION FEE $615.68 FOR OFFICE USE ONLY Fee Amount $ Date Paid By who? Receipt # Ck# By: County of Albemarle Community Development Department 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 7/l/2021 Page 1 of 1