HomeMy WebLinkAboutSP201100002 Review Comments Special Use Permit 2011-04-07y00r
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4176
April 7, 2011
John Rhett
6065 Turkey Sag Road
Keswick, VA 22947
RE: SP201100002 Castle Hill Cider
Dear Mr. Rhett:
Staff has reviewed your initial submittal for special events with over 200 attendees at Castle Hill Cider,
under zoning ordinance Section 10.2.2 (53) Farm Winery uses authorized under Section 5.1.25 (c).
We have a number of questions and comments that we believe should be resolved before your goes to public
hearing. Our comments are consolidated below:
Planning
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 subject site is located within the Rural Areas land use designation and is consistent with the Rural Areas
zoning district. The Guiding Principles of the Rural Areas section identifies agriculture as one of eight
important components of the Rural Areas:
The Guiding Principle calls for the protection of Albemarle County's agricultural lands as a resource base for
its agricultural industries and for related benefits they contribute towards the County's rural character, scenic
quality, natural environment, and fiscal health.
Further, the Plan promotes protection and enhancement of the rural quality of life for present and future
Rural Areas residents and includes a strategy to limit the size and intensity of rural alternative uses so that
they do not conflict with the character of the Rural Areas.
The Economic Development Policy contains a strategy to increase the promotion of tourism focused on the
rural, agrarian, and historical resources of the County, and which does not threaten or compromise those
resources and to be consistent with the goals of the Comprehensive Plan.
Additional information is required for the review of this application. Please provide responses to the
following questions:
1. Will events be held inside the barn, outside the barn or both? If outside, locate on plan.
2. Will there be any amplified sounds outside of the barn? What kind? How often?
3. Sec. 5.1.25 c. — identify the types of events to determine compliance with this section.
4. How is the parking lot surface /driveway to be surfaced (for both the cidery and the "field parking ")?
5. How is the parking in the field parking area to be controlled /managed?
6. Provide number of parking spaces for field parking.
7. Describe how attendance will be controlled; security arrangements; parking arrangements.
8. Explain "barn area" total 17,172 s.f. Does this mean the area inside the barn or the inside and
outside area around the barn?
9. Describe food preparation— catered food or food prepared on -site?
10. The application states that the majority of events would be in May, June, July, September, and
October. Is it your intention that events with over 200 attendees could be held 12 months a year?
11. Would the tasting room be closed during special events?
The following comments are for your information:
1. A separate application will be required for the sign.
2. Outdoor lighting will need to comply with the ordinance (both permanent and temporary).
3. The property is under an easement held by The Nature Conservancy. You are strongly advised to
coordinate this proposal with TNC.
Zoning
The following comments related to zoning matters have been provided by Francis MacCall:
Zoning concurs with the County Engineers comment about the floodplain disturbance and the need for a
Special Use Permit for activity in the floodplain. Please submit that application with the revisions.
2. The first two events proposed are permitted (farm winery events and weddings and wedding receptions).
For the proposal of 4 large events please provide more detail so the zoning administrator can evaluate
and determine if they are considered to be agritourism uses or wine sales related uses which are usual
and customary uses at farm wineries throughout the Commonwealth.
3. Per the Supplemental Regulation 5.1.25(d) ii; provide more detail to the limits of the field parking so that
it can be evaluated as to adequacy of the number of spaces needed for the potential large events.
4. Your letter mentioned some lighting. Per the Supplemental Regulation 5.1.25(d) ii; please locate the
lights on the plan and provide evidence that they are in compliance with Section 4.17 of the Zoning
Ordinance. Note on the plan that all lighting even lighting brought in by lessees must comply with
Section 4.17.
5. It is recommended that the hours for events be limited to not going beyond l Opm. This will help
mitigate the noise impacts that get more stringent after l Opm.
6. Will there be portable toilets for large events? If so show the area that they will be setup.
Current Development
The comments from Current Development will be forthcoming.
Engineering and Water Resources
The following comments related to engineering and water resources have been provided by Glenn Brooks:
A traffic study is recommended. The number and times of events may need to be limited to
manage traffic concerns at the entrance on the public road. Improvements to the road and
entrance, or some sort of traffic control may be warranted.
2. It is recommended that the entrance drive meet one of the private or public road standards. The
drive is currently 10' wide gravel with a vertical curve just beyond the public road entrance which
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has poor sight distance. The lowest road standard at the County which might be applied is the
private road standard that applies to subdivision of 3 -5 lots, and requires a 14' wide travelway
with 4' shoulders and a minimum of 100 feet of sight distance. The public road standard for rural
roads is 18' wide with 4' shoulders. The spot road widening proposed on the vertical curve where
the sight distance problem exists helps this situation, but most of the road will only allow one -way
traffic.
3. In the rural areas, parking areas have been granted waivers of the zoning ordinance requirements
to allow for gravel parking lots with some form of edge treatment and parking space delineation,
typically landscaping timbers. Allowing a grass field to be used for parking, without a limit to the
frequency of use, is beyond what is typically allowed, and may result in significant erosion.
4. I cannot find that the dam recently constructed behind the events building had any permits from
the County or FEMA. The stream on which this dam was constructed has a FEMA floodplain,
and is in the Flood Hazard Overlay. A special use permit is required by Chapter 18 section
30.3.05.2.2 In addition, the culvert crossing for the driveway upstream appears to have been
recently improved, and if this is the case, also requires a special use permit. Applications should
include an analysis, plan and measurements of the structures and fill, and the impacts to the
floodplain, showing before and after limits and elevations. An application to FEMA to change the
floodplain limits will need to be made. The requirements of the Water Protection Ordinance with
regard to mitigation and the stream crossing should be addressed.
Entrance Corridor
The following comments related to the Entrance Corridor Guidelines have been provided by Margaret
Maliszewski:
A portion of parcel 18B 1 adjoins the Route 231 Entrance Corridor, but the special events are to be located at
a significant distance from the corridor. Consequently, the proposed use is not expected to have a negative
impact on the EC.
VDOT
Comments from VDOT were provided by Joel DeNunzio:
1. There is inadequate sight distance to the right from the egress of the entrance to Route
640. The trees across the road block sight distance and need to be removed and a sight
distance easement will need to be platted for the sight lines.
2. The entrance width and throat do not meet the minimum standards. This entrance should
at a minimum meet the standard for a private road entrance which would be 24 feet paved
with 25 foot radii and an entrance throat length of 30 feet. The brick columns on either
side of the entrance should be relocated to add additional width to reduce the chance of
occurrence of traffic queuing on Route 640 when events have continuous ingress and
egress traffic conflicting with one another.
Fire / Rescue
James Barber has provided the following comments:
Must comply with the Virginia Statewide Fire Prevention Code. Final approval is subject to field inspection
and verification.
Health Dent.
The following comments were submitted by Josh Kirtley:
I'm not sure if I have a defined parking area on the concept plans but I would say that I have been to the
property and wouldn't think that where the two septic systems are located would be an ideal area for
parking. I was more concerned with "spill over" parking for large events. Nevertheless, the applicants know
where the septic systems are located and I would think that they should want to preserve and protect the SDS
In regards to the SP for Castle Hill Cider, I would note that they should adhere to the recommendations
below that were part of a Zoning Clearance. I would also like to add that the applicants should not allow
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vehicle parking on any part of the septic field or any septic component. I expect parking to be an issue for
large events and want to protect the septic system to the greatest degree possible.
I still have yet to hear about any small scale food operations that are proposed as part of the zoning
clearance. They have not contacted the Food consultant here at the HD. Large events MUST be catered.
I have reviewed the Zoning Clearance for Castle Hill and everything looks pretty good from a septic and
well point of view. After meeting with the applicants several times and researching previous Health
Department files, the following was noted:
• The Barn is connected to two (2) independent septic fields.
a. Septic Permit 101 -97 -0561 was approved for 200 gallons per day. This system is to
the left side of the barn when you're facing the front. A site visit made on 22
February 2011 revealed that everything appeared to be working fine.
b. Septic Permit 101 -98 -0287 was approved for 150 gallons per day. This system is to
the right side of the barn when you're facing the front. A site visit made on 22
February 2011 revealed that everything appeared to be working fine.
• The applicants have indicated the following
a. Portable toilets will be present for events with more than 150 people. The
applicants have stated that their intent is to have portable toilets for all of the large
events. The portable toilet requirement can be waived for cider tastings and smaller
usage through the week. The purpose of this requirement is to ensure that the septic
systems are not hydraulically overloaded. I informed the applicants that I will not
be there to monitor the usage and informed them that it will be their responsibility to
do so.
b. The flow to both septic systems must be split evenly, This is a plumbing issue inside
the building and I encouraged the placement of bathrooms to coincide with the
needed splitting of the flow. The applicants understood this requirement and agreed
to do so.
c. The applicants have stated that they will provide bottled water for any event and that
they will NOT serve ANY water from their tap to the public. I informed the
applicants if they wish to do this in the future, or if they wish to expand upon and
their proposed food preparation, then they would need to consult with the Office of
Drinking Water about the siting and subsequent drilling of a community water
supply.
The applicants are going to be working with Archer Campbell about their proposed food prep. operation. At
this point, I believe that all of the large events will be catered. From our meeting here at the Health
Department, I think that the applicants will be proposing a very small operation. They took a food
application with them and I expect them to contact Archer within the next week or two.
Please let me know if you have any questions or if I can clarify anything. My office number is 434 -972-
6288 and my mobile is (4340 960 -8653.
Resubmittal or Public Heariniz
Within 30 days of the date of this letter, please do one of the following:
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(1) Resubmit in response to these comments on a resubmittal date as published in the project review
schedule (the full resubmittal schedule may be found at www.albemarle.ora in the "forms"
section at the Community Development page), OR
(2) Request a public hearing be set with the Planning Commission based on the information
provided with your original submittal (a date will be set in accordance with the Planning
Commission's published schedule as mutually agreed to by you and the County), OR
(3) Request indefinite deferral and state your justification for requesting the deferral. (Indefinite
deferral means that you intend to resubmit/request a public hearing be set with the Planning
Commission after the 30 day period.)
If we have not received a response from you within 30 days, we will contact you again. At that time, you
will be given 10 days to do one of the following: a) request withdrawal of your application, b) request
deferral of your application to a specific Planning Commission date as mutually agreed to with staff, or c)
request indefinite deferral and state your justification for requesting the deferral. If none of these actions is
taken, staff will schedule your application for a public hearing based on the information provided with your
original submittal.
Please be advised that, once a public hearing has been advertised, only one deferral prior to the Planning
Commission's public hearing will be allowed during the life of the application. The only exception to this
rule will be extraordinary circumstances, such as a major change in the project proposal by the applicant or
more issues identified by staff that have not previously been brought to the applicant's attention. As always,
an applicant may request deferral at the Planning Commission meeting.
Please feel free to contact me if you wish to meet or need additional information. If I am not available,
please contact Wayne Cilimberg at 434/296 -5823.
Sincerely,
Joan McDowell
Principal Planner, Rural Areas
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