Loading...
HomeMy WebLinkAboutSP201100002 Legacy Document 2012-11-08 (9)COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP201200002 Castle Hill Cider Staff: Scott Clark, Senior Planner Planning Commission Public Hearing: Board of Supervisors Public Hearing: October 9, 2012 TBA Owner: Route 231 LLC Applicant: Castle Hill Management LLC Acreage: 310.47 acres Special Use Permit: 10.2.2.53 Farm winery uses authorized under section 5.1.25 (c) TMP: 049000000018131, 049000000018132 Existing Zoning and By -right use: Location: 6065 Turkey Sag Road, Keswick RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development) Magisterial District: Rivanna Conditions: Yes RA (Rural Areas): X Requested # of Dwelling Units: NA Proposal: Farm cidery with events for up to 3,000 Comprehensive Plan Designation: Rural Areas attendees on total of 310.47 acres - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre) Character of Property: The property is largely Use of Surrounding Properties: The nearby open pastureland, with two large wooded areas properties include large- and small -lot residences, (see map). horse farms, other open land, and forests. Factors Favorable: Factors Unfavorable: 1. The proposed use —in particular the largest 1. The use attracts traffic from Route 20 to proposed event - -would increase promotion Turkey Sag Road, which is narrow and of local agricultural products. unpaved where it crosses the ridge of the 2. The existing roads, not including Southwest Mountains. Departing traffic Turkey Sag Road west of the site, from the site can be directed to Route 231, are adequate for the traffic that but the route taken by arriving traffic would be generated by the 15 cannot be controlled. The applicant has proposed events for 201 to 500 stated that they have updated the driving persons. 3. The traffic impacts of the proposed directions that they provide to attendees to cider festival at the intersection of show routes that do not use Turkey Sag Turkey Sag Road and Route 231 Road. can be managed with on -site personnel, and therefore improvements to the rural highway would not be required. 4. The applicant would be required to manage noise impacts to stay within permitted night -time noise levels at all times of day. RECOMMENDATION: Staff recommends approval of this Special Use Permit with conditions. SP2011 -00002 Castle Hill Cider PC October 9, 2012 Staff Report Page 1 STAFF PERSON: Scott Clark PLANNING COMMISSION: October 9, 2012 BOARD OF SUPERVISORS: TBA SP201100002 Castle Hill Cider Petition: SP201200002: Special Use Permit for farm cidery with special events for up to 3,000 attendees on total of 310.47 acres ZONING: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit /acre in development lots); FH Flood Hazard – Overlay to provide safety and protection from flooding SECTION: SP201200002: 10.2.2.53 Farm winery uses authorized under section 5.1.25 (c) ENTRANCE CORRIDOR: Yes COMPREHENSIVE PLAN: Rural Areas – preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre in development lots) LOCATION: 6065 Turkey Sag Road, Keswick TAX MAP /PARCEL: 049000000018B1, 049000000018132 MAGISTERIAL DISTRICT: Rivanna Character of the Area: Castle Hill Cidery is located northeast of Cismont, on the southeastern slopes of the Southwest Mountains. It lies within the Southwest Mountains Rural Historic District. The area is largely defined by a pattern of large estates whose lower elevations are in open pasture. Higher elevations and steep slopes on the Southwest Mountains are forested. Among the large farms there are clusters of large- and small -lot rural subdivisions. The Peter's Mountain AT &T communication facility is located approximately 2.5 miles north of the site. The property is adjacent to Route 231, a Entrance Corridor, and to Turkey Sag Road, a narrow secondary road that connects Route 231 over the Southwest Mountains to Route 20. Turkey Sag Road becomes unpaved and narrower as it climbs toward its highest point. See attachments A and B for maps and aerial photographs. Specifics of the Proposal: The applicants are proposing to hold 16 events per year -15 events for 201 to 500 attendees and one event for 501 to 3,000 attendees, as permitted by special use permit under section 5.1.25( c) of the Zoning Ordinance. The largest event is intended to be a "cider festival" that would promote the products of the cidery. SP2011 -00002 Castle Hill Cider PC October 9, 2012 Staff Report Page 2 These events would be in addition to the unlimited number of by -right events that a winery can hold for up to 200 attendees. The applicant has also offered to condition that the noise level for all events will not exceed 55 decibels (equivalent to the required night -time maximum level for the RA zoning district). This proposal has been changed from that previously reviewed by staff, which requested 45 events for between 200 and 1,000 attendees, and 1 event for 1,000 to 3,000 attendees. The applicant has recently reduced the number of requested events to the 16 events described above. Planning and Zoning History: For a history of zoning enforcement matters for this property, please see Attachment H. SP201200018 Castle Hill Cider Pond: This special use permit request, currently under review and scheduled for the same Planning Commission meeting as SP201100002, is for the existing pond located near the events building. This pond was built without the special use permit approval that is required for fill in the 100 -year floodplain. (See separate staff report.) SP201200019 Castle Hill Stream Crossing: This special use permit request, currently under review and scheduled for the same Planning Commission meeting as SP201100002, is for repairs to the existing stream crossing located on the main entrance road for the property. This crossing was rebuilt without the special use permit approval that is required for fill in the 100 -year floodplain. (See separate staff report). The property is under a conservation easement held by The Nature Conservancy (TNC). Staff has consulted with the easement holder throughout the review process. TNC staff feels that the proposed use could be operated within the limits set by the easement. Conformity with the Comprehensive Plan: Comprehensive Plan designates the subject properties as Rural Areas emphasizing the preservation and protection of agricultural, forestal, open space, and natural, historic and scenic resources as land use options. It should be noted that the Comprehensive Plan does not currently provide any measures or metrics for determining what size or frequency of events would be considered inconsistent with its goals for the Rural Areas. The Rural Areas chapter of the Comprehensive Plan contains the following Goal: "Encourage creative and diverse forms of rural production and support rural land uses that provide rural landowners with economic viability." Farm - winery events can provide additional economic viability for County farms that qualify. The large cider festival would promote the agricultural product made on this property. However, like any other alternative commercial use in the Rural Areas, the SP2011 -00002 Castle Hill Cider PC October 9, 2012 Staff Report Page 3 proposed events should meet the following guidelines from the Comprehensive Plan. The plan states that such uses should be: Reversible (so that the land can easily return to farming, forestry, conservation, or other preferred rural uses); The proposal would use an existing structure, and parking would mostly be on grass. No significant improvements would be needed other than the new entrance road. Therefore the use should be easily reversible. scaled and sited to cause minimal impacts on their rural surroundings; The proposed use would increase traffic impacts on the surrounding properties and on the length of Turkey Sag Road. However, the recommended conditions of approval would require management of these traffic impacts. Noise impacts on nearby properties have been an issue with the by -right events currently being held on the site. To rectify this problem, the applicant has offered a condition of approval that would require compliance with a sound management plan designed to limit sound levels at the property lines to 55 decibels during any event. Visual impacts are expected to be minimal due to the location of the event building and its distance from public roads. minimal in their public health and environmental impacts; and The site is large enough to provide water and septic fields for large uses, and to provide space for the minimal new infrastructure without significant water - quality or erosion impacts. Public- safety impacts could be created by the increased traffic to the site. The applicant has proposed traffic- management measures that would reduce these impacts, and these measures have been approved by the Virginia Department of Transportation. Access to the site is acceptable to the Police and Fire/Rescue departments. viable with no increase in public infrastructure or services, either at time of approval or later. No new public infrastructure would be needed for the creation of this use. However, the increased number of customers on the site could increase the need for Police and Fire/Rescue services. SP2011 -00002 Castle Hill Cider PC October 9, 2012 Staff Report Page 4 STAFF COMMENT: Staff addresses each provision of Section 31.6 of the Zoning Ordinance: 31.6.1 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, The current by -right event operations at the cidery (by -right events can have up to 200 attendees) have led to noise impacts on adjacent and nearby properties, primarily from the use of sound amplification systems on the site. While such noise impacts are more dependent on the use of the sound system than on the number of attendees at an event, the review of the current request offers the applicant and the County an opportunity to address the outstanding issue of noise impacts from the events held on the site. Following reports from nearby property owners that amplified sound at the cidery was audible from their homes, code - enforcement staff in the Zoning division monitored sound from the cidery on two occasions. On August 4, 2012, staff arranged with the applicants to be on -site to monitor sound levels at the property lines (see Attachment D). Permitted maximum sound levels are 60 decibels (dB) during the day (7 a.m. to 10 p.m.) and 55 dB at night, with measurements being taken as five- minute averages rather than momentary maxima. (See attachment E for examples of typical sound sources by decibel level.) The highest measured sound level from amplified music was 53 dB, which was approximately the same as the ambient sound level caused by cicadas and road traffic. To further address neighboring landowners' concerns about audibility at their properties, code - enforcement staff also carried out unannounced monitoring on September 8, 2012. On this occasion, two readings were below the maximum permitted level, two were less than 1 dB over the limit, and one was 2.5 dB over the limit (see Attachment F for locations). Again, these measurements are five- minute averages. To address this ongoing problem, the applicant has offered the sound - management plan discussed above. This plan would be developed by a licensed acoustical engineer and would be submitted for the approval of the County Zoning Administrator. The purpose of the plan and its associated implementation measures would be to ensure that the noise levels at the adjacent properties would not exceed 55 decibels at any time. Staff feels that compliance with the proposed plan would satisfactorily reduce sound levels generated by the proposed use. The proposal would provide a greater level of noise protection than currently required by the Zoning Ordinance during the daytime (55 decibels rather than 60), and would match the night -time standard. SP2011 -00002 Castle Hill Cider PC October 9, 2012 Staff Report Page 5 that the character of the district will not be changed thereby and The number and size of events proposed in this special use permit request are somewhat larger than those for other large events that have been approved in the Rural Areas zoning district. To put such events in context, there are three main types of events permitted in the Rural Areas: Temporary events: These events require a special use permit. Each proposal is reviewed case -by -case, and there are no specific limits on size or frequency in the Zoning Ordinance. Special events: This use category permits businesses offering weddings, dinners, etc., on Rural Area properties by special use permit. Supplement regulations for this use set a limit of 24 events per year and a maximum attendance of 150 persons. Recent requests have asked to waive the 150- person limit and set a new limit of 200 persons, which is equal to the *by- right* limit for farm - winery events (see below). Farm - winery events o Farm wineries are permitted to have an unlimited number of events for up to 200 persons. o Farm - winery events for more than 200 persons require a special use permit. The following table compares the current request with some recent event approvals in the Rural Areas: * In addition to attendance from the unlimited number of events for 200 or fewer attendees ** Single -day events — no multiple -day events are proposed The largest event in the current proposal would be larger than but comparable to approved temporary events, and would promote an agricultural product made on the site with produce from the region. Staff believes that the impacts from this event can be addressed through the proposed conditions of approval for noise and traffic SP2011 -00002 Castle Hill Cider PC October 9, 2012 Staff Report Page 6 ' 11 2122=1 E�� == SP2010 -00026 Temporary 2.000 1 day /year 2,000* Pink Ribbon Polo (held at King Family Vineyard) SP2010 -00048 Temporary 500 3 days /year 1,500 Music Festival SP2011 -00012 Temporary 700 1 day /year 700 Locally Grown SP2011 -00027 Special 200 24 events /year 4,800 Panorama Events SP2011 -00002 Farm 200 -500 15 events /year 7,500 Castle Hill winery 1,000 — 3,000 1 event /year 3,000 Total 16 events ** /year 10,500* Cidery * In addition to attendance from the unlimited number of events for 200 or fewer attendees ** Single -day events — no multiple -day events are proposed The largest event in the current proposal would be larger than but comparable to approved temporary events, and would promote an agricultural product made on the site with produce from the region. Staff believes that the impacts from this event can be addressed through the proposed conditions of approval for noise and traffic SP2011 -00002 Castle Hill Cider PC October 9, 2012 Staff Report Page 6 management, and that the event would benefit local and regional agricultural industries by promoting their products. With the remaining 15 events for 200 to 500 attendees, the primary concern is the frequency of activities in the Rural Areas that could generate impacts that change the character of the district. However, staff believes that these smaller events can be accommodated on the site without significant changes to the surrounding district, again provided that the recommended conditions of approval included below are applied. that such use will be in harmony with the purpose and intent of this ordinance, Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural Areas zoning: "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: - Preservation of agricultural and forestal lands and activities; The proposed use would permit the cidery to promote its agricultural products to a larger number of people. In particular, the annual cider festival would actively promote the products of this farm winery and locally- and regionally -grown produce. The property is located adjacent to properties that are included in the Blue Run and Kinloch Agricultural /Forestal Districts (see attachment B). Chapter 3 of the County Code, which establishes the regulations for Agricultural /Forestal Districts, states that the County should consider the presence of a district when making land -use decisions. On July 9, 2012, the Agricultural /Forestal Districts Committee voted to recommend denial of this proposal. However, the Committee was reviewing an earlier version of the proposal that would have permitted 46 events per year rather than 16, and 22,000 attendees per year rather than 10,500. Committee members were concerned with the scale of the proposal, the possible impacts of increased traffic on agricultural activities, and the potential for noise from the use to disturb horses and other livestock. The Committee has not had the chance to comment on the reduced level of activity that is currently proposed. -Water supply protection; The site is not located in a water - supply protection area. SP2011 -00002 Castle Hill Cider PC October 9, 2012 Staff Report Page 7 - Limited service delivery to the rural areas; and Given the size of the property, the use is not expected to create demand for public water or sewer services. Holding events on the site with large public attendance could increase the need for Police or Fire /Rescue services. - Conservation of natural, scenic, and historic resources. The property abuts an Entrance Corridor (Route 231), but the Design Planner has found that, given the location of the event facility and its distance from the road, the proposal would not have significant impacts on that corridor. Conservation of natural resources on the site is governed by the existing conservation easement. While the proposed use would not actively promote conservation of natural resources, the operation of the use would be required by the easement holder to comply with all requirements of the deed of easement. with uses permitted by right in the district, As discussed above, traffic and noise generated by the proposed size and frequency of events could impact by -right agricultural and residential uses in the district. However, staff feels that the proposed limitations on the use would ensure that the use would be compatible with by -right uses in the district. with the additional regulations provided in section 5.0 of this ordinance, Section 5.1.25 (see Attachment G) establishes the uses that are permitted at farm wineries, which this proposal would comply with. The applicant has provided the information that section 5.1.25 requires. and with the public health, safety and general welfare. Access to the events would be from Turkey Sag Road, on the new access road shown on the conceptual plan. The Police Department has stated the access on Turkey Sag Road is preferable to the location of the property's farm road on Route 231, as there have been several speed - related accidents nearby on Route 231. The property has an existing farm entrance on Route 231. Although this entrance is not suitable for event traffic, it does provide a second entrance for emergency vehicles in the event that they are not able to use the main entrance. The Virginia Department of Transportation (VDOT) has reviewed traffic information submitted by the applicants, and agrees with the applicant that events of 1,000 persons or more would normally require right- and left -turn lanes at the intersection of Route 231 and Turkey Sag Road. VDOT supports the applicant's proposal to use police officers or other trained personnel to direct traffic for the one day per year when such an event would happen, rather than building the intersection improvements. SP2011 -00002 Castle Hill Cider PC October 9, 2012 Staff Report Page 8 Residents along the western portion of Turkey Sag Road have reported increased traffic related to the winery, including arriving and departing event attendees as well as tour buses and delivery trucks. Some of those residents have requested that any approval of this special use permit request include a requirement that "Local Traffic Only" signs be put out on days when events are held. However, VDOT has stated that signage can only be added by VDOT at the request of a locality's Board of Supervisors. Staff has recommended conditions of approval that would prevent departing traffic from travelling westbound on Turkey Sag Road. However, this would have no impact on the route taken by arriving traffic, which cannot be effectively controlled. It should be noted that the applicant has attempted to address traffic impacts on Turkey Sag Road by having the directions provided by Google Maps corrected to direct traffic along Route 231 rather than along Turkey Sag Road. They also now provide driving directions to event clients and vendors stating that Turkey Sag Road should not be used to access the site. SUMMARY: Staff has identified the following factors favorable to this application: 1. The proposed use —in particular the largest proposed event - -would increase promotion of local agricultural products. 2. The existing roads, not including Turkey Sag Road west of the site, are adequate for the traffic that would be generated by the 15 proposed events for 201 to 500 persons. 3. The traffic impacts of the proposed cider festival at the intersection of Turkey Sag Road and Route 231 can be managed with on -site personnel, and therefore improvements to the rural highway would not be required. 4. The applicant would be required to manage noise impacts to stay within permitted night -time noise levels at all times of day. Staff has identified the following factors unfavorable to this application: 1. The use attracts traffic from Route 20 to Turkey Sag Road, which is narrow and unpaved where it crosses the ridge of the Southwest Mountains. Departing traffic from the site can be directed to Route 231, but the route taken by arriving traffic cannot be controlled. The applicant has stated that they have updated the driving directions that they provide to attendees to show routes that do not use Turkey Sag Road. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of SP201100002 Castle Hill Cider subject to the following conditions: 1. Development of the use shall be in general accord with the Conceptual Plan entitled "Special Use Permit for Castle Hill Cider," labeled "Index Title: CPI," prepared by Dominion Engineering, and dated 8/28/12, as determined by the Director of Planning and the Zoning Administrator. SP2011 -00002 Castle Hill Cider PC October 9, 2012 Staff Report Page 9 To be in general accord with the plan, development shall reflect the following central features essential to the design of the development: Location of the structure (labeled "Event Barn ") used for the events Location of the entrance and exit (labeled "New Entrance Road" and "Existing Entrance ") Location of parking Location of "Event Vicinity" 2. Up to 15 single -day events for more than 200 persons may be held per calendar year, with a maximum total daily attendance of 500 persons. Attendance at these events shall be by prior reservation, ticket sales, or invitation only. 3. One single -day farm winery event for 501 to 3,000 persons may be held per calendar year. a. This event shall not be held without written approval from the Virginia Department of Transportation of a traffic- management plan for the intersection Virginia Route 231 and Turkey Sag Road. This plan shall require, and the permittee shall provide, police officers or other trained personnel approved by the Virginia Department of Transportation to be at the intersection of Virginia Route 231 and Turkey Sag Road to direct arriving and departing traffic. This approval shall be submitted to the Zoning Administrator no less than three (3) weeks before the scheduled date for the festival. 1} The permittee shall obtain approval of a zoning clearance by the Zoning Administrator prior to holding this event. The permittee shall apply for the zoning clearance no less than three (3) weeks prior to the date of the event. Approval of the zoning clearance will be contingent upon the Zoning Administrator determining that all conditions of this special use permit have been satisfied. c. Admission to this event shall only be by prior reservation or ticket purchase. 4. Before commencing the use, the permittee-shall submit, and thereafter comply with, a sound management plan to be prepared by a licensed acoustical engineer and approved by the Zoning Administrator. This plan shall include a plan for monitoring sound levels at the property boundaries and for immediately adjusting amplification equipment to reduce sound levels to no more than the required maximum. During any event, including those with attendance of 200 or less, the sound level at the property lines of the site shall not exceed an average of 55 decibels (dBA) for any five- minute period, or a more restrictive applicable maximum sound level established in the Albemarle County Code. 5. Amplified sound for all events shall not begin before noon and shall end not later than 11:00 P.M. 6. At every event, traffic- management personnel shall be on site at the exit to direct traffic eastward to Virginia Route 231. These personnel shall be in addition to the traffic- management personnel required under condition 3(a) above. All departing traffic shall be SP2011 -00002 Castle Hill Cider PC October 9, 2012 Staff Report Page 10 directed to go eastward on Turkey Sag Road, except for those vehicles whose occupants reside westward on Turkey Sag Road. 7. The permittee shall provide prior notification of all events for more than 200 persons to all owners of properties within 1,000 feet of the exterior boundaries of the property and to the Zoning Administrator. A notification letter shall be sent by mail at least 14 days before each event. The letter shall include: a. The date, starting and ending times, and expected number of attendees for the event b. A telephone number at which the permittee may be contacted during the event c. The County's zoning complaint hotline telephone number (434- 296 -5834) and identify it as such. 8. No parking for any event shall be permitted within 200 feet of any stream. 9. Any new outdoor lighting shall be only full cut -off fixtures and shielded to reflect light away from all abutting properties. A lighting plan limiting light levels at all property lines to no greater than 0.3 foot candles shall be submitted to the Zoning Administrator or her designee for approval PLANNING COMMISSION MOTION: A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP2011 -00002 Castle Hill Cider subject to the conditions as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this special use permit: Move to recommend denial of SP2011 -00002 Castle Hill Cider. Should a commissioner motion to recommend denial, he or she should state the reasons) for recommending denial. ATTACHMENTS Attachment A — Area Map Attachment B — Site Map Attachment C — Conceptual Plan Attachment D — Sound Monitoring Report for 8/4/12 Attachment E — Sound Pressure Level Comparison Chart Attachment F — Sound Monitoring Results Map for 9/8/12 Attachment G — Section 5.1.25 Attachment H — Zoning Enforcement History SP2011 -00002 Castle Hill Cider PC October 9, 2012 Staff Report Page 11