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COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: SP201400009 Castle Hill
Staff: Scott Clark, Senior Planner
Cider
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
July 29, 2014
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: 049000000018B1, 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: Special Use Permit amendment to
Comprehensive Plan Designation: Rural
modify a condition of approval to remove
Areas - preserve and protect agricultural,
expiration date for farm winery events on
forestal, open space, and natural, historic and
310.47 acres. No dwellings proposed.
scenic resources/ density (0.5 unit/ acre)
Character of Property: The property is
Use of Surrounding Properties: The nearby
largely open pastureland, with two large
properties include large- and small -lot
wooded areas (see map).
residences, horse farms, other open land, and
forests.
Factors Favorable:
Factors Unfavorable: None found.
1. No zoning complaints about this
use have been received since the
original special use permit
approval.
RECOMMENDATION: Staff recommends approval of this Special Use Permit amendment,
with conditions.
SP2014 -00009 Castle Hill Cider
PC July 29, 2014
Staff Report Page 1
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Scott Clark
July 29, 2014
TBA
PETITION:
PROPOSAL: Special use permit amendment to remove expiration date for farm winery
events on 310.47 acres. No dwellings proposed.
MAGISTERIAL DISTRICT: Rivanna
LOCATION: 6055 Turkey Sag Rd
TAX MAP /PARCEL: 04900- 00 -00- 018131, 04900 -00 -00 -018132
PROPOSAL: Special Use Permit amendmer
remove expiration date for farm winery events
proposed. No dwellings proposed.
to modify a condition of approval ( #11) to
on 310.47 acres. No other changes are being
ZONING: RA Rural Areas - agricultural, forestal, and fishery uses; residential density
(0.5 unit /acre in development lots).
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)
CHARACTER OF THE AREA:
Castle Hill Cider 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, an 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.
PLANNING AND ZONING HISTORY:
SP201200001 Castle Hill Cider: On February 6, 2013, the Board of Supervisors
approved this special use permit for farm- winery events for over 200 persons, including
up to eight events per year for up to 350 persons, and one event per year for 1,000
persons.
SP201200018 Castle Hill Cider Pond: On January 21, 2013, the Board of Supervisors
approved this special use permit for construction of a pond in the floodplain. This pond
was built without the special use permit approval that is required for fill in the 100 -year
floodplain.
SP2014 -00009 Castle Hill Cider
PC July 29, 2014
Staff Report Page 2
SP201200019 Castle Hill Stream Crossing: On January 21, 2013, the Board of
Supervisors approved this Special Use Permit 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.
DETAILS OF THE PROPOSAL:
On February 6, 2013, the Board of Supervisors approved a special use permit for farm - winery
events on this property (see Attachment C for the Board action, including the conditions of
approval). To address nearby residents' concerns over noise and other impacts, the Board
imposed an expiration date (December 31, 2014) on the Special Use Permit so that the use could
not continue indefinitely if noise or other impacts were not sufficiently controlled.
The current proposal is to remove that expiration date, so that the permitted events (those above
200 attendees) could continue indefinitely. No changes to the size or frequency of events are
proposed.
STAFF COMMENT:
Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of
Supervisors shall reasonably consider the following factors when reviewing and acting
upon an application for a special use permit:
No substantial detriment. The proposed special use will not be a substantial detriment
to adjacent lots.
The applicants installed the noise - suppression and noise - monitoring equipment and
facilities required by the original special use permit approval. Since that time, the
County has received no complaints about the events held at Castle Hill. The
requirements for notification of neighbors and of the County, and for traffic control,
would remain in place.
Character of district unchanged. The character of the district will not be changed by
the proposed special use.
The removal of the expiration date would allow the existing event use to continue as
approved under the original special use permit. As the limits on the use would not
change, there would be no further changes to the character of the district.
Harmony. The proposed special use will be in harmony with the purpose and intent of
this chapter,
As the scale and character of the use would remain the same, the use's harmony with the
purposes of the Zoning Ordinance would not change.
SP2014 -00009 Castle Hill Cider
PC July 29, 2014
Staff Report Page 3
...with the uses permitted by right in the district
The lack of complaints received since the approval of the special use permit for events
on this site indicates that there have been no significant conflicts with uses on the
adjacent parcels.
...with the regulations provided in section 5 as applicable,
Section 5.1.25 establishes the uses that are permitted at farm wineries, which this
proposal would continue to comply with.
...and with the public health, safety and general welfare.
Traffic control was a significant issue during the review of the original special use
permit approval, and the eventual conditions of approval included requirements for
traffic control (see Attachment Q. Those requirements would still apply. County staff is
not aware of any traffic complaints related to this use.
Consistency with the Comprehensive Plan. The use will be consistent 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.
The proposed amendment would allow an approved use to continue under existing
restrictions. As the use would not change, there would be no difference in the use's
conformity with the Comprehensive Plan.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. No zoning complaints about this use have been received since the original special use
permit approval.
Staff has identified no factors unfavorable to this application:
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of
SP201400009 Castle Hill Cider subject to the following condition, as amended from the
original conditions of approval:
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: CP1," prepared by Dominion
SP2014 -00009 Castle Hill Cider
PC July 29, 2014
Staff Report Page 4
Engineering, and dated 8/28/12, as determined by the Director of Planning and the Zoning
Administrator. 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 ";
Minor variations from the Conceptual Plan which do not conflict with the central features above may be
made to ensure compliance with the Zoning Ordinance.
2. Up to eight (8) single -day farm winery events, weddings or wedding receptions (hereinafter,
collectively, "these events ") for more than two hundred (200) persons may be held per calendar year,
with a maximum total daily attendance of three hundred fifty (350) persons. Attendance at these
events shall be by prior reservation, ticket sales, or invitation only.
3. One (1) single -day farm winery event for three hundred fifty -one (351) to one thousand
(1,000) persons (hereinafter, "this event ") may be held per twelve (12) -month period or 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 if this event's
attendance may exceed five hundred (500) persons based on reservations received or tickets sold.
This approval shall be submitted to the Zoning Administrator no less than three (3) weeks before
the scheduled date for this event.
b. 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 any event permitted under Conditions 2 and 3 above or any farm winery
event, wedding, wedding reception, or other event allowed by -right under County Code § 18-
5.1.25(b)(2), (10) or (11) (hereinafter, collectively, "event subject to this condition ") at which
there is amplified sound, the permittee shall submit, and thereafter comply with, a sound
management plan which has been prepared by an acoustical consultant and approved by the
Zoning Administrator. This plan shall include a plan for monitoring amplified sound levels at
the property lines of the site, including one or more permanent sound meters providing a date
and time record of the sound, and for immediately adjusting amplification equipment to
reduce sound levels to no more than the allowed maximum provided in this condition. As
SP2014 -00009 Castle Hill Cider
PC July 29, 2014
Staff Report Page 5
part of the implementation of this plan, no event subject to this condition shall commence
before the screened openings on the northeast side of the Event Barn are replaced with glass
panels approved by the acoustical consultant.. Sound levels at the property lines of the site shall
not exceed an average of fifty -two (52) decibels (dBA) for any five (5) - minute period, or a more
restrictive applicable maximum sound level established in the Albemarle County Code. At any event
subject to this condition, the sound at the source of the amplified music shall not exceed ninety -five
(95) decibels (dBA) and the volume shall be monitored by an on -site sound meter. The sound limit
for any band shall be limited by contract to not exceed ninety -five (95) decibels (dBA). The glass
panels on the openings of the Event Barn shall remain closed while amplified sounds are produced.
5. Outdoor amplification systems shall not use amplifiers with more than two hundred (200) watts RMS
output, and shall not be used after 6:00 p.m. All other amplified sound systems shall be contained
within the Event Barn.
6. At any event permitted under Conditions 2 and 3 above or any farm winery event, wedding,
wedding reception, or other event allowed by -right under County Code § 18- 5.1.25(b)(2), (10) or
(11), 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 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 each event permitted under Conditions 2 and
3 above or for any farm winery event, wedding, wedding reception, or other event allowed by -right
under County Code § 18- 5.1.25(b)(2), (10) or (11), to all owners of properties within one -half (1/2)
mile of the Event Barn and to the Zoning Administrator. A notification letter shall be sent by mail at
least fourteen (14) days before each event. The letter shall include:
1. The date, starting and ending times, and expected number of attendees for the event
2. A telephone number at which the permittee may be contacted during the event
3. The County's zoning complaint hotline telephone number (434- 296 -5834) and identify it as such.
8. No parking for any event permitted under Conditions 2 and 3 above shall be permitted within two
hundred (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.
10. In order to ensure the Event Barn doors remain closed while amplified sound is being produced
within it during any event permitted under Conditions 2 and 3 above or any farm winery event,
wedding, wedding reception, or other event allowed by -right under County Code § 18- 5.1.25(b)(2),
(10) or (11), the permittee shall install and maintain an air conditioning system in the Event Barn,
together with fans, insulation, and other measures (hereinafter, collectively, the "system "). The
system shall be subject to approval by the Zoning Administrator, who shall approve it if she
determines that the system's cooling load design is adequate to serve the Event Barn.
MM! ..
SP2014 -00009 Castle Hill Cider
PC July 29, 2014
Staff Report Page 6
PLANNING COMMISSION MOTION:
A. Should a Planning Commissioner choose to recommend approval of this special use permit:
Move to recommend approval of SP2014 -00009 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 SP2014 -00009 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 — SP 2011 -00002 Conditions of Approval (approved February 6, 2013)
SP2014 -00009 Castle Hill Cider
PC July 29, 2014
Staff Report Page 7
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Attachment A
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C H'S CORNS INDS
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231
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CAMPBELL
SP 2014 -00009 Castle Hill
SP2014 -00009 Castle Hill Cider
PC July 29, 2014
Staff Report Page 8
A 0 0.25 0.5 1
Miles
SP 2014 -00009 Castle Hill : 0 250 500 1,OOD
/, Feet
SP2014 -00009 Castle Hill Cider
PC July 29, 2014
Staff Report Page 9
'Now
COUNTY COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832
March 13, 2013
John Rhett
6065 Turkey Sag Road
Keswick, Va. 22947
RE: SP201100002 — Castle Hill Cider
TAX MAP 49 PARCEL 18131
Dear Mr. Rhett:
Fax (434) 972 -4126
On February 6, 2013, the Albemarle County Board of Supervisors took action on the above
referenced special use permit for a farm cidery with special events for up to 3,000 attendees.
This special use permit was approved for the above noted Tax Map Parcel in the Rivanna
Magisterial District 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: CP1," prepared by
Dominion Engineering, and dated 8/28/12, as determined by the Director of Planning
and the Zoning Administrator. To be in general accord with the plan, development shall
reflect the following central features essential to the design of the development:
o Location of the structure (labeled "Event Barn ") used for the events;
o Location of the entrance and exit (labeled "New Entrance Road" and "Existing
Entrance");,
o Location of parking;
o Location of "Event Vicinity."
Minor variations from the Conceptual Plan which do not conflict with the central features
above may. be made to ensure compliance with the Zoning Ordinance.
2. Up to eight (8) single -day farm winery events, weddings or wedding receptions
(hereinafter, collectively, "these events ") for more than two hundred (200) persons may
be held per calendar year, with a maximum total daily attendance of three hundred fifty
(350) persons. Attendance at these events shall be by prior reservation, ticket sales, or
invitation only.
3. One (1) single -day farm winery event for three hundred fifty -one (351) to one thousand
(1,000) persons (hereinafter, "this event ") may be held per twelve (12) -month period or
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 of
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 if this event's
attendance may exceed five hundred (500) persons based on reservations
received or tickets sold. This approval shall be submitted to the Zoning
rd
5
C.1
7
L-11
Mr. Rhett
3/13/201.3
Page 12
Administrator no less than three (3) weeks before the scheduled date for this
event.
b. 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.
Before commencing any event permitted under Conditions 2 and 3 above or any farm
winery event, wedding, wedding reception, or other event allowed by -right under County
Code § 18- 5.1.25(b)(2), (10) or (11) (hereinafter, collectively, "event subject to this
condition ") at .which there is amplified sound, the permittee shall submit, and thereafter
comply with, a sound management plan which has been prepared by an acoustical
consultant and approved by the Zoning Administrator. This plan shall include a plan for
monitoring amplified sound levels at the property lines of the site, including one or more
permanent sound meters providing a date and time record of the sound, and for
immediately adjusting amplification equipment to reduce sound levels to no more than
the allowed maximum provided in this condition. As part of the implementation of this
plan, no event subject to this condition shall commence before the screened openings
on the northeast side of the Event Barn are replaced with glass panels approved" by the
acoustical consultant. Sound levels at the property lines of the site shall not exceed an
average of fifty -two (52) decibels (dBA) for any five (5)- minute period, or a more
restrictive applicable maximum sound level established in the Albemarle County Code.
At any event subject to this condition, the sound at the source of the amplified music
shall not exceed ninety -five (95) decibels (dBA) and the volume shall be monitored by an
on -site sound meter. The sound limit for any band shall be limited by contract to not
exceed ninety -five (95) decibels (dBA). The glass panels on the openings of the Event
Barn shall remain closed while amplified sounds are produced.
Outdoor amplification systems shall not use amplifiers with more than two hundred (200)
watts RMS output, and shall not be used after 6:00 p.m. All other amplified sound
systems shall be contained within the Event Barn.
At any event permitted under Conditions 2 and 3 above or any farm winery event,
wedding, wedding reception, or other event allowed by -right under County Code § 18-
5.1.25(b)(2), (10) or (11), 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 directed to go eastward on Turkey Sag Road, except for those vehicles whose
occupants reside westward on Turkey Sag Road.
The permittee shall provide prior notification of each event permitted under Conditions 2
and 3 above or for any farm winery event, wedding, wedding reception, or other event
allowed by -right under County Code § 18- 5.1.25(b)(2), (10) or (11), to all owners of
properties within one -half (1/2) mile of the Event Barn and to the Zoning Administrator. A
notification letter shall be sent by mail at least fourteen (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.
No parking for any event permitted under Conditions 2 and 3 above shall be permitted
within two hundred (200) feet of any stream.
Mr. Rhett
3/13/2013
Pane 13
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.
10. In order to ensure the Event Barn doors remain closed while amplified sound is being
produced within it during any event permitted under Conditions 2 and 3 above or any
farm winery event, wedding, wedding reception, or other event allowed by -right under
County Code § 18- 5.1.25(b)(2), (10) or (11), the permittee shall install and maintain an
air conditioning system in the Event Barn, together with fans, insulation, and other
measures (hereinafter, collectively, the "system "). The system shall be subject to
approval by the Zoning Administrator, who shall approve it if she determines that the
system's.Gooling load design is adequate to serve the Event Barn.
11. SP 2011 -00002 shall be valid until December 31, 2014.
Please be advised that although the Albemarle County Board of Supervisors took action
on the project noted above, no uses on the property as approved above may lawfully
begin until all applicable approvals have been received and conditions have been met.
This includes:
• compliance with conditions of the SPECIAL USE PERMIT;
• approval of and compliance with a SITE PLAN /SITE PLAN WAIVER; and
• approval of a ZONING COMPLIANCE CLEARANCE.
In the event that the use, structure or activity for which this special use permit is issued is not
commenced within twenty -four (24) months from the date of Board approval, it shall be deemed
abandoned and the permit terminated. The term "commenced" means "construction of any
structure necessary to the use of the permit."
Before beginning uses as allowed by this special use permit or if you have questions regarding
the above -noted action, please contact Rebecca Ragsdale at 296 -5832.
Sincerely,
V. Wayne Cilimberg
Director of Planning
Cc Castle Hill Management Llc
6132 Gordonsville Rd.
Keswick, Va. 22947
Email CC: Tex Weaver, Rebecca Ragsdale, Elise Hackett
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