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HomeMy WebLinkAboutSP201100006 Staff Report 2011-04-19COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP2011 -00006 Elks Farmers Staff: Elaine K. Echols, AICP Market Planning Commission Public Hearing: Board of Supervisors Public Hearing: April 19, 2011 TBD Owners: Charlottesville Lodge #389 Protective Applicant: Ellis Frazier, representing Elks Order of Elks Trustees Trustees Acreage: 6.34 acres Special Use Permit for: Request for Farmers Market in accordance with Section 13.2.2.14 of the Zoning ordinance TMP: 07800- 00- 00 -058AO Conditions: Yes Location: 389 Elk Drive approximately 265 feet from intersection of Elks Drive and Rt 20N Existing Zoning and By -right use: R -1 with 1 Magisterial District: Rivanna dwelling per acre Comprehensive Plan Designation: Urban Density DA (Development Area): X Residential which allows 6.01 -34 units /acre and RA (Rural Area): supporting uses such as religious institutions, schools, commercial, office and service uses in Pantops Neighborhood. Character of the Property: Developed with Use of Surrounding Properties: Public park, buildings, parking, and a swimming pool. residential, and wooded /undeveloped. (See Attachment A.) Factors Favorable: Factors Unfavorable: 1. The Farmers Market would promote and There are no unfavorable factors. preserve agricultural businesses in the County. 2. No new parking is required because the Farmers Market makes use of a parking lot which is typically underutilized during the proposed time period. 3. Nearby and neighboring residential neighborhoods will have easy access to fresh local produce and products. RECOMMENDATION: Staff recommends approval with conditions. SP 2011 -00006 PC April 19, 2011 Page 1 STAFF PERSON: ELAINE K. ECHOLS, AICP PLANNING COMMISSION: APRIL 19, 2011 SP201100006 Elks Farmers Market Applicant's Proposal: The Elks fraternal organization is requesting approval for a farmers market in the parking lot of the existing lodge. Farmers, artisans, and food vendors selling packaged, prepared, baked, or canned goods would be allowed to sell products produced in the surrounding area and state. No permanent structures are proposed and operation would take place April through December on Tuesdays and Saturdays. A full description of the proposal and the Concept Plan is provided as Attachment B and the concept. Petition: PROJECT:SP201100006 Elks Farmers Market PROPOSED: Farmers Market on 6.34 acres; no residential units proposed ZONING CATEGORY /GENERAL USAGE: R1 Residential (1 unit /acre) SECTION: 13.2.2.14 Farmers Market COMPREHENSIVE PLAN LAND USE /DENSITY: Urban Density Residential which allows 6.01- 34 units /acre and supporting uses such as religious institutions, schools, commercial, office and service uses in Pantops Neighborhood. ENTRANCE CORRIDOR: Yes LOCATION: 389 Elk Drive approximately 265 feet from intersection of Elk Drive and Rt 20N TAX MAP /PARCEL: 078000000058A0 MAGISTERIAL DISTRICT: Rivanna Character of the Area: The Elks Lodge is across Elks Drive from Darden Towe Park. Residential uses are adjacent to the property as well as across Route 20 North. An 18 acre wooded undeveloped parcel which is recommended for Neighborhood Density in the Comprehensive Plan adjoins the property to the south. Planning and Zoning History: SP -509 was approved in September 1975. Conditions of that special use permit are in Attachment C. Approval of a site plan was a requirement of the special use permit. The site plan file from 1975 is unavailable. Comprehensive Plan: The Pantops Master Plan designates this property as Urban Density Residential. The Urban Density land use designation allows for residential uses at a density of 6.01 to 34 units /acre and some non - residential support uses and institutional uses. Small scale retail uses are also allowed. The area outlined in red is the Elks Lodge property. SP 2011 -00006 PC April 19, 2011 Page 2 According to the Master Plan, the property is located in the Darden Towe Park /Stony Point Road (Cascadia — Fontana — Avemore) Neighborhood which is described below: This Neighborhood is located near Route 20 North and Darden Towe Park as well as land east of Route 20. It is the largest neighborhood in Pantops and the edges are formed by a stream running south of Wilton Farm and Avemore and by the edges of the Pantops Development Area on the north, east, and west sides. This neighborhood includes a Neighborhood Service center will consist of the non residential uses planned within Avemore and Cascadia. There are other important neighborhood focal points, including the Elks Lodge and Darden Towe Park. • Pantops Master Plan recommends the following for land use in this neighborhood in Pantops: • Maintain the residential character of existing neighborhoods. • Allow for Neighborhood Density and Urban Density residential uses with a Neighborhood Service (NS) center. • Protect the rural scenic qualities of Route 20 from the northern edge of the development area south to Elks Drive /Fontana Drive where development along Route 20 should transition to an urban character to the City of Charlottesville. • Preserve stream corridors and flood plain in this neighborhood and allow for pedestrian paths in those areas, where natural features allow. • Retain existing amenities and open space within residential developments. As indicated above, the Elks Lodge is a major focal point. The Rural Areas section of the Comprehensive Plan promotes preservation and utilization of the County's agricultural lands. The County's Economic Development Policy recommends the following: Increase the promotion of local agricultural industry consistent with the goals, objectives and implementation strategies of the Comprehensive Plan, more specifically by Increasing support to local agricultural infrastructure such local food networks and programs. (The agricultural infrastructure provides markets and supplies to farmers and significant economic activity to Albemarle County as a whole.) Establishing a proactive rural - support program that provides assistance to the local agricultural community, and that includes an on -going dialogue with farm - industry stakeholders. Supporting farmers. Staff views the use as supportive to the Rural Areas and Economic Development policies as well as in keeping with the recommended land uses in the Master Plan. Staff has also reviewed the use for conformity with the Neighborhood Model. The only applicable standards are: 1) Pedestrian Orientation and 2) Interconnected Streets and Transportation Systems. SP 2011 -00006 PC April 19, 2011 Page 3 The use will primarily be accessed by vehicle and located on an already developed site. The undeveloped property to the south is under review as a (mostly) residential development. Provision of an asphalt path from the Elks Lodge site to the adjoining property is recommended to allow for future residents to conveniently access the Farmers Market without the need to drive. With provision of a path, staff believes that the principles of pedestrian orientation and interconnectivity will be provided. Staff Comment: 31.6.1: Special use permits for uses as provided 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, that the character of the district will not be changed thereby, The current fraternal use includes outdoor activities and the special use permit for the lodge provides protections to the surrounding residential properties. Because of the limited activities of the proposed Farmers Market operating outside of the primary operating hours of the lodge, no detriment is expected to adjacent properties, nor will a change occur in the character of the district. and that such use will be in harmony with the purpose and intent of this ordinance, The R1 zoning district allows this use by special use permit if it is viewed as an appropriate use for the location. No adverse impacts are expected. Staff believes that the Farmers Market in conjunction with the Elks Lodge is in harmony with the purpose and intent of the Zoning Ordinance. with the uses permitted by right in the district, The R1 Zoning District exists to provide for an area of low- density residential development as well as to provide for institutional and support uses by special use. A Farmers Market is viewed as supportive to the nearby neighborhoods by providing residents the opportunity to purchase fresh, locally grown produce. with additional regulations provided in section 5, Section 5.1.47 Farm Stands, Farm Sales, and Farmers Markets describes the requirements for Farmers Markets. How this proposal meets those requirements is described below: 1. Zoning Clearance — The Zoning Administrator will require a zoning clearance prior to the Farmers Market use begins. 2. A Letter from VDOT establishing it has approved the entrance from the public street to the proposed use — VDOT comments are provided as Attachment D. 3. Temporary or Permanent Structures must comply with applicable yard requirements -- The applicant is not proposing to use any structures for the farmers' market. It is intended that vendors will provide their own tents and tables or otherwise sell out of their trucks. In addition, the area in which the Farmers Market is proposed meets all current yard requirements. SP 2011 -00006 PC April 19, 2011 Page 4 4. Number of Parking Spaces must meet standard of 1 space per 200 square feet of retail area — The applicant is providing a sufficient number of parking spaces for the use in the existing parking lot. 5. Parking location must be no located closer than 10 feet to the public right -of -way — This requirement is met. 6. Design and improvements — The parking design has been provided by the applicant and is judged to provide safe ingress and egress to and from the site, safe vehicular and pedestrian circulation on the site. and with the public health, safety and general welfare. The Zoning Administrator, the County Engineer, a representative of Fire /Rescue, VDOT staff, Architectural Review Board staff, and Current Development staff have reviewed this proposal, have indicated no objection to the proposed farmers' market use, and have made no recommendations for additional improvements to address health and safety considerations. In addition, the hours of operation have purposely been set as to not interfere with other activities of the lodge. Summary: Staff has identified the following factors, which are favorable to this request: 1. The Farmers Market would promote and preserve agricultural businesses in the County. 2. No new parking is required because the Farmers Market makes use of a parking lot which is typically underutilized during the proposed time period. 3. Nearby and neighboring residential neighborhoods will have easy access to fresh local produce and products. Staff has identified no factors that are unfavorable to this request. Recommended Action: Staff recommends approval of the special use permit with the following conditions: 1. Development and use shall be in general accord with the conceptual plan on Page 3 of the Plan entitled "Special Use Permit Elks Lodge" prepared by the applicant and dated 2 -18 -11 (hereafter "Conceptual Plan "), as determined by the Director of Planning and the Zoning Administrator. 2. The use shall operate during the months of April through December of each year. 3. The hours of operation for sales at the Farmers Market shall not begin earlier than 3:00 P.M. and shall end not later than 7:00 P.M. on Tuesdays, and not begin earlier than 8:00 a.m. and shall not end later than 1 :00 p.m. on Saturdays. SP 2011 -00006 PC April 19, 2011 Page 5 4. In order to provide safe and convenient access to the adjoining property when the adjoining property is developed, a Class A — Type 1 low maintenance asphalt pedestrian path shall be constructed to the adjoining parcel in accordance with the County's Design Standards Manual. The path shall be located to connect to a similar path to be constructed on the adjoining parcel described as Tax Map Parcel 07800- 00 -00- 05800. Construction of the path shall begin after the final site plan or subdivision plat is approved for the area adjoining the Elks property and be completed before April of the following year. Planning Commission Motion: Should a Planning Commissioner move to recommend approval of the special use permit, staff recommends approval with the conditions above. Should a Planning Commissioner move to recommend denial of the rezoning, he or she should state the reason(s) for recommending denial. ATTACHMENTS: Attachment A: Location Map Attachment B: Elks Farmers Market descriation and conce Attachment C: Action Letter for SP 509 Attachment D: VDOT Comments dated March 31, 2011 SP 2011 -00006 PC April 19, 2011 Page 6 Ian dated 2 -18 -11 a � � r Q - yy'�TOFT,f, �4 �� ��� ,,,� `jam^ �'��!` i.<•��.� Y ' ❑� i ^.� 7 a� y r L 1, ('. b3rtllJ 1M1�yYnJb L l (J s 1 '•= ,r I� V'1 W v, a� Q F x U d F F ATTACHMENT `B" ELKS FARMERS MARKET 2-/g7-// 1. The Farmers market will be located on parcel 78 -58A, in the 1st north paved parking lot (60`x252`). There will be dedicated area of the sizes 18'x 18' each for vendor rental. a. Total parking lot area - 15,120 sq.feet b. parking space area -8,748 sq.feet c. total vendor space reserved for market: 6804 sq.feet (21 spaces ,18'x18', of the stated parking area b.) d. farmers market would operate, April thru December ( weather permitting, snow, high winds or other dangerous weather reports, or unforeseen circumstances) e. Months /Days /Hours of operation: April thru December Tuesday - 3 -7 pm Saturday- 8 -1 pm f. collections of fees and operations will be managed by the Elk/Doe club members, (1) or more persons. 2. No permanent structure(s) are allowed, only temporary portable tents /small p/u trucks, Tables or mini vans. Temporary spaces will be offered to each vendor for stated month, days and hours of market operation. 3. Only agriculture class products produced in the surrounding area/State will be allowed for sale by vendors.(see below) No resale from warehouses. 3.1 Artisan: (25%): nyone who offers: arts, crafts, jewelry for sale at the Market or who performs an artistic service on the market. 3.2 Farmers: (50 %) Anyone who offers produce: Including but not limited to: Fruits, Vegetables, and cut greener, live plants, Herbs, flowers, meat, Poultry, eggs and dairy products. 3.3 Food Vendor(25 %) Any vender selling packaged, prepared, baked or can goods. 4. No vehicle traffic will be allowed in market area during hours of operation, both ends of dedicated farmers market area will be barricaded to allow only pedestrian access. 5. Parking: . Paved parking lots (parallel to market area) consisting of 58 spaces (8HP). Parking and market areas are separated by grass mediation and connected by concrete walk -way Unique features: a. Additional parking area also available at east end of paved parking lots, accessible by gravel driveway to an open grass field, (approx. 300'x 300'), which includes parcel (78 -8A) b. water is available (outside facets) <100' c. portable restroom will be made available (approx.100' from market/parking area) d. Market / parking areas are lighted ATTACHMENT B t ■ L ■ v N^ J` 1J^ V W L� N w a f B f fi in ur F� m Q. �lJ rf uJ , --� N L. 4 .i ATTACHMENT B t I L I I n ROBERT W. TUCKER, JR. AS=TANT ORIECTOROF PUNNING OF ALBjeMq� CP ° " e 4 (4j�" Planning Department 411 EAST HIGH STREET — CHARLOTTESVILLE, VIRGINIA 22901 JOHN L HUMPHREY DIRECTOR U PUNNING September 5, 1975 MARY JOY SCA(A PLANNER B.P.O.E. No. 389 East High Street Charlottesville, Virginia Re: Board of Supervisors Action SP -509 Dear Sirs: The Albemarle County Board of Supervisors at its meeting on August 27, 1975, approved your request for SP -503,• subject to the following conditions: 1. Approval of site plan and-planting -plan by Planning Commission through site plan review procedures; 2'. Removal of only those trees where buildings and parking are to .be 'Located; 3. Parking requirement shall be one space per one hundred square feet of gross floor area; 4. Approval by appropriate state and local agencies; 5. Twenty -five foot buffer of existing trees or additional trees as may be required by the Planning Commission to be left along the west property line; 6. Lighting directed away from adjacent properties of two foot candles; 7. Entrance /exit on east of property; 8. Hours of operation 8:00 a.m. to 10:00 p.m. outside; 8:00 a.m. to 1:30 a.m. inside, except N Year's Eve, then unlimited; 9. Setbacks of 100 feet �� -.m s, Y Vlvr , IL . j liSincerel Jane Carter Planning Department jc/ CC: Hartwell Clarke ATTACHMENT C V i C-0 MMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION CHARLOTTESVILLE RESIDENCY OFFICE 701 VDOT WAY CHARLOTTESVILLE, VA 22911 Gregory A. Whirley COMMISSIONER March 3Is', 2011 Mr. Bill Fritz Dept. of Planning & Community Development 401 McIntire Road Charlottesville, VA 22902 RE: Special Use Permits and Rezoning Submittals Dear Mr. Fritz: Below are VDOT's comments for the March 2011 Rezoning and Special Use Permit applications: SP- 2011 -00057 Riverside Village. Floodulain (Ervn Brennan) 1. The Route 20 plan included in the rezoning application needs to be correct prior to determining the extension of the culvert and fill in the floodplain. ZMA- 2007 -00024 Riverside Village, Development Plan (Ervn Brennan) 1. The public roads in the development will be added to the state maintenance system under the SSAR's. The applicant will need to submit the items listed in 24VAC30 -92 -70 with the conceptual sketch to ensure that the proposed public roads can be added. Items not included in this application include: a. Proposed Functional Classification of each Street. These streets appear to be Local. b. The connectivity index. c. Reductions in the connectivity index. 2. The full frontage improvements to Route 20 do not appear to be in accordance with the Pantops Master Plan, previous VDOT and Albemarle County comments sent to the applicant in November 2008 or follow up comments sent by VDOT in December 2008. 3. The proffers state that a left turn lane and an additional southbound lane will be constructed but the attached plan only shows a left turn lane and does not reflect the proffers. 4. VDOT previous asked for a ultimate plan of Route 20 in accordance with the four lane section to accurately locate drainage structures and sidewalk in addition to ensuring that the extension of the box culvert is correct. This is not included in the plan and may have additional impacts to the floodplain for the fill section. 5. There is not enough distance shown along Route 20 to evaluate that the road widening has adequate tie ins and transitions. 6. Add a right turn lane to enter the site. VirginiaDOT.org WE KEEP VIRGINIA MOVING ATTACHMENT D SP- 2011 -00002 Castle Hill Cider (Joan McDowell) 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. SP- 2011 -00003 Scottsville Elementary School (AT &T) (Meean Yanielos) SP- 2011 -00004 Eaelebureer Property (AT &T) (Gerald Gatobu) SP- 2011 -00007 Glendower (AT &T Tier III PWSF) (Gerald Gatobu) 1. Show sight distances at existing entrances. SP- 2011 -00006 Elks Lode Farmers Market (Elaine Echols) 1. Recommend providing a pedestrian and vehicular connection to the adjacent proposed Riverside development. If you have any questions, please contact me. Sincerely, Joel DeNunzio, P.E. Staff Engineer VDOT Charlottesville Residency WE KEEP VIRGINIA MOVING ATTACHMENT D