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HomeMy WebLinkAboutSP201500012 Staff Report 2015-06-16 ALg„ U®Q to 1Pe: 'RGIN1P ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP201500015 Mechum's Trestle Staff: Megan Yaniglos, Principal Planner Planning Commission Public Hearing: Board of Supervisors Hearing: TBD June 16, 2015 Owner(s): Mechum's Trestle LLC Applicant(s): Alan Franklin-Waterstreet Studio Acreage: 1.39 acres Rezone from: Not applicable Special Use Permit for: Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day. (18- 22.2.2(11)) TMP: Tax Map 057000000031A0 By-right use: C1- Commercial Location: 4294 Three Notch'd Road (Rt 240), at the intersection of Route 240 and Route 250 (Attachment A) Magisterial District: White Hall Proffers/Conditions: Yes Requested # of Dwelling Units/Lots: not DA - RA -X applicable Proposal: Use of more than 400 gallons of Comp. Plan Designation: Rural Areas- groundwater per site-acre per day for a preserve and protect agricultural, forestal, open restaurant. (Attachments B and C) space, and natural, historic and scenic resources/density (0.5 unit/acre in development lots) in Rural Area 3. Character of Property: The property contains an Use of Surrounding Properties: Single Family existing, dilapidated building and gravel parking Residential; Agriculture; CSX/Buckingham area. It is bordered to the north and west by Branch Railroad Lickinghole Creek, Browns Gap Turnpike (Rt. 680) to the east, and Three Notch'd Road (Rt. 240) to the south. Factors Favorable: Factors Unfavorable: None identified 1. Character of the area will not be changed by the proposed use. 2. Granting the special use permit will allow a proposed development that is consistent with the existing C1- Commercial zoning district, and allows a site in disrepair to be improved and SP201500012—Mechum's Trestle Planning Commission: June 16, 2015 Page 1 used. 3. The proposed water consumption will not adversely affect uses permitted by right in the C1-Commerical zoning district or in the surrounding RA zoning district. 4. Tier Ill study indicates that there is sufficient supply of groundwater in this area to support the proposed use Recommendation: Staff recommends approval of Special Use Permit 2015-0012 Mechum's Trestle with conditions. SP201500012 —Mechum's Trestle Planning Commission: June 16, 2015 Page 2 STAFF CONTACT: Megan Yaniglos, Principal Planner PLANNING COMMISSION: June 16, 2015 BOARD OF SUPERVISORS: TBD PETITION: PROJECT: SP201500012 Mechum's Trestle MAGISTERIAL DISTRICT: White Hall TAX MAP/PARCEL: 057000000031A0 LOCATION: 4294 Three Notch'd Road PROPOSAL: Use of more than 400 gallons of groundwater per site-acre per day for a restaurant. A separate initial site plan has also been submitted for this property under SDP201500008. PETITION: Section 22.2.2 Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes. OVERLAY DISTRICT: Entrance Corridor (EC); Flood Hazard (FH); Scenic Byways (SB) PROFFERS: No COMPREHENSIVE PLAN: Rural Area in Rural Area 3 CHARACTER OF THE AREA: The property contains an existing, dilapidated building and gravel parking area. It is bordered to the north and west by Lickinghole Creek, Browns Gap Turnpike (Rt. 680) to the east, and Three Notch'd Road (Rt. 240) to the south. The property also contains a stream buffer and is within the floodplain for Lickinghole Creak. The adjacent properties are single family residential and agricultural. PLANNING AND ZONING HISTORY: The property is zoned C1-Commercial, but is located in the rural areas. It has been used for a restaurant for most of its history. In the early 90's, the restaurant located on the property at the time had to close due to the site no longer being able to be supported by its septic field. In 1992, the Board of Supervisors approved public sewer service to the site with conditions that limited the line to serve the existing structure, use and capacity. Also in 1995, a Variance was approved by the Board of Zoning Appeals to allow the building to be built in its current location, which allowed a reduction in the setback. Many determinations have been made the by the Zoning Administrator in recent years to clarify the many constraints on the site, as well as clarify the previously approved variance, for the owners so that a restaurant could be placed on the property again (Attachment E). The restaurant use has been determined to be a by-right use within the C-1 Commercial district for which this parcel is zoned. The site has not been utilized since the 90's and the owners have been working diligently to obtain approvals so that the property can be utilized once again as a restaurant use. DETAILS OF THE PROPOSAL: Section 18-22.2.2 requires uses in the C-1 Commercial zoning district that are not served by public water to obtain a special use permit if it uses more than 400 gallons of water per site per day. The applicant is proposing a by-right 100 seat restaurant that would generate not more than 5,000 gallons per day as regulated by the Virginia Department of Health requirements for restaurant usage. A community meeting was held on May 20, 2015 at the Crozet Community Advisory Committee's regular meeting where the applicant made a presentation for the request. The community members who attended were in favor of this site being redeveloped, as it has been in disrepair for over 20 years. ANALYSIS OF THE SPECIAL USE PERMIT REQUEST 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 SP201500012 —Mechum's Trestle Planning Commission: June 16, 2015 Page 3 special use permit: No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots. The applicant submitted a Tier Ill ground water study that was prepared by Ernest Beasley with HydroGeo Environmental, LLC, who is a professional geologist, certified by the State Board of Geology (Key Findings in Attachment D). County engineering staff has reviewed this study and found that the processes and conclusions are sound and has found that the projected water uses are acceptable and supported in this area. Also, the area in which this parcel is located is not known for groundwater well failure. The applicant will be required to obtain Health Department approval for the well that will serve the property. Based on the information in the Tier Ill report and the characteristics of the immediate area, sStaff opinion is that there would be no substantial detriment to adjacent properties with the approval of this level of water use. Character of district unchanged. The character of the district will not be changed by the proposed special use. As stated above, this property has had a restaurant use and/or commercial zoning (now C1, Commercial) dating back to the 1970s. . The character of this C1 zoned property and the surrounding RA district will not be changed by this request. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter~ The purpose of the C1-Commercial zoning district, as stated in the ordinance, is to permit selected retail sales, service and public use establishments. The proposed use, water consumption, does not directly promote the purpose of the C1- Commercial zoning district; however, water consumption in excess of 400 gallons per site-acre per day is allowed by special use permit in the district. Given that allowing such water consumption would support a use that directly promotes the purpose and intent of the assigned zoning district, the special use permit is consistent with the purpose and intent of the ordinance. ...with the uses permitted by right in the district Water withdraw in excess of 400 gallons per site-acre per day would not adversely affect the by right uses in the C1-Commercial district. ...with the regulations provided in section 5 as applicable, Section 5.0 contains no additional regulations regarding water usage. ...and with the public health, safety and general welfare. The public health, safety and general welfare of the community are protected through the special use permit process with assures that the proposed use is appropriate in the location requested. SP201500012 —Mechum's Trestle Planning Commission: June 16, 2015 Page 4 The applicant has submitted information from a state certified geologist indicating adequate water supply is available. The applicant states water usage will not exceed 5,000 gallons per day. Staff proposes a condition capping water consumption at a maximum of 5,000 gallons per day. Based on the analysis of the available information and the characteristics of the area, it is staff's opinion that the increase in water consumption is not inconsistent with the public, health, safety and general welfare. Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive Plan. The Comprehensive Plan designates the property as Rural Area, emphasizing the preservation and protection of agricultural, forestal, open space, and natural, historic and scenic resources as land use options. While the character of the area is rural (???) , the site is zoned C1-Commercial and has been developed as a restaurant for many years (which is a by-right in this district), which is inconsistent with the Comprehensive Plan land use recommendation The proposed water usage under review will not current character of area One of the Guiding Principles for the Rural Areas is "Water supply resources- Protect the quality and supply of surface water and groundwater resources." The Tier Ill study submitted by a certified geologist indicates that there is sufficient supply of groundwater in this area to support the proposed use SUMMARY: Staff has identified factors which are favorable and unfavorable to this proposal: Factors favorable to this request include: 1. Character of the area will not be changed by the proposed use. 2. Granting the special use permit will allow a proposed development that is consistent with the existing C1-Commercial zoning district, and allows a site in disrepair to be improved and used. 3. The proposed water consumption will not adversely affect uses permitted by right in the C1- Commerical zoning district or in the surrounding RA zoning district. 4. Tier Ill study indicates that there is sufficient supply of groundwater in this area to support the proposed use No unfavorable factors have been identified. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2015-0012 Mechum's Trestle with the following conditions: 1. The applicant shall install a meter on the well head to monitor water consumption. Results of daily water consumption monitoring results will be made available within forty-eight (48) hours of a request from the Zoning Administrator. 2. Water consumption shall be restricted to a maximum of 5,000 gallons per day. SP201500012—Mechum's Trestle Planning Commission: June 16, 2015 Page 5 Motions: Special Use Permit A. Should the Planning Commission choose to recommend approval of this special use permit: I move to recommend approval of SP 20150012 Mechum's Trestle with the conditions outlined in the staff report. B. Should the Planning Commission choose to recommend denial of this special use permit: I move to recommend denial of SP 20150012 Mechum's Trestle. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENTS Attachment A- Map Attachment B- Applicant Justification Attachment C- Site Plan Attachment D- Key Findings from Tier III Groundwater Study Attachment E- Zoning Administrator Determination Letter SP201500012 —Mechum's Trestle Planning Commission: June 16, 2015 Page 6 Attachment A , W44&4 114r*Ii I II m o E! - E � aE 0 N E €,3i 5,u, �~ p s . '; , s ;,,,, ,,:\ .;;31 il,...„ss‘:' ,4"; 1.1,,,e;,,k.: 4?' '''''''''''1,,,,,;:. *t ''f,Ot VP i ,, 4 r , ,,,41,41. , 0 „.. .4,14 ,* h ° �+ u r g Loof „nrt.'. i t g.,* Az- e�. 5z ,.• 1 R a °r •t 7' °I gyf F ` * �: z , i ,f 1 h ... Tt ' t 4 #got #, J� './ ' c to LO a 4 Iv" ,,,c _ opAAsi ji� , ' �; - � 4 p a �kf6 �, [ � y-gr r ' °� ate, Q '` Attachment A ,. _ ,. . ..„_.. . . .„.;..., .... _ { §,r has .-* ,.., ,, „ ....„ r T ( • �+� � ', r t n W a ' ' ' - '-: :::-.4,5*.r5..,415'.7.5:::. 144;1; '*.. .. ''' ' , w ' 1) .:.„'-',75t,,i- .-,,H': : 4e / wF a. • ,,,:-\*.: SAY- `��... is r-i4, � .x; : ?, 'N'i, r.. .,t$d "' i^� t'f � is� (� � t j r .• Z- itit r+, " Attachment B • Mechum's Trestle 99 Bloomfield Road • Charlottesville, VA 22902 February 17,2015 Ms. Megan Yaniglos Senior Planner County of Albemarle Department of Community Development 401 McIntire Road,North Wing Charlottesville,Virginia 22902-4596 SUBJECT: Mechum's Trestle(SDP2014-052);Special Use Permit Request REFERENCE: Mechum's Trestle Tier 3 Groundwater Assessment,attached Dear Ms.Yaniglos: This letter is sent to address the need for a Special Use Permit(SUP)in conjunction with a site plan application for the 1.39 acre property located at Tax Map 57, Parcel 31A. As stipulated in County code, water usage exceeding 400 gallons per site acre per day requires a special use permit prior to site plan approval. Based on the contemplated use as a restaurant site,this letter and supporting documents will estimate the daily water usage,and provide justification for why this water usage can be supported and sustained by the local aquifer system,without detrimental impact to nearby users. We continue to believe that the most compelling support for granting this SUP request is the fact that this site has been used as a restaurant for the majority of its lifetime as a commercial property. It has supported a 'fast-casual'diner,a high-end fine dining restaurant,and most everything in between. Its last use as a restaurant site, back in the early 1990's,ended when it could no longer be supported by its septic field,and the restaurant was forced to employ a 'pump and haul'vendor. At this time,efforts were initiated to gain access to public sewer,.a process that is detailed below. We have found no evidence with the Virginia Department of Health,or the Office of Drinking Water,to Indicate that wells on this site In the past were unable to support the water usage needs of a restaurant. We believe that this fact,in addition to the Tier 3 Groundwater Assessment attached,will support our SUP request. PROJECT PROPOSAL The initial site plan submission associated with this Special Use Permit application is for the construction of a 4,000 square foot restaurant, a size consistent with past use. While the property has a long history as the location of multiple restaurants over the years,and while it's zoning classification (C-1)supports this use by right,the site has been unoccupied for over 20 years due to complications associated with Attachment B restoration of an approved site plan, Despite diligent efforts by this owner to pursue restoration of.a - restaurant use at the site,the property remains an underused and unattractive asset on an entrance corridor to Albemarle County. It is intended that a new site plan,to follow this SUP request,will once again transform this highly visible piece of property Into both an attractive landmark,consistent with the'look and feel'of the setting,as well as an additional,productive element of the commercial tax base. Historically,water needs for the restaurants located on the property were met by at least two previous wells,which have long been abandoned. While connection to public water has been Investigated by this owner,and discussed with RWSA,the distance to the nearest tap site makes connection both prohibitively expensive,as well as detrimental to treated water quality. Permission to drill a new well on the site was granted by Virginia Department of Health,Office of Drinking Water, Lexington Field Office,on August 19,2013,and subsequently renewed on September 10,2014(see attachment). Extensive soil testing was performed at the time to ensure that the well site was suitable for construction of a well to be utilized as a public drinking water supply, In accordance with Virginia Waterworks Regulations. As with any well site approval issued by this office,extensive testing for both water production and quality must be performed after drilling,and prior to use. Estimated Water Usage Concurrent with the application process supporting the previously approved site plan on this property, the County Board of Supervisors approved a Service Authority Jurisdictional Amendment on December 2, 1992,allowing for extension of public sewer to the property. On July 12,1995,the BOS further clarified their approval of the public sewer extension to serve the equivalent of a 100-seat restaurant generating not more than 5,000 gallons of effluent per day. This clarification was rendered based on a Virginia Department of Health statement that restaurant usage would generate 50 gallons of effluent per day, per seat. Recent discussions with Steve Kvech, District Engineer In the Office of Drinking Water/Lexington Field Office,confirmed that this standard (50 gallons per seat per day)is still used by his office to estimate the water usage associated with restaurants. Based on our associated site plan,we also anticipate that the seating capacity of the proposed restaurant will be 100 seats,which results in a water usage estimate of 5,000 gallons per day. This usage estimate equates to 3.5 gallons per minute. While the property's potential groundwater availability is addressed in the attached Tier III Groundwater Assessment"Key Findings"letter,Mr. Kvech elaborated on various methods to ensure that water production in this rate range could be easily managed to address peak demand usage required to operate a 100-seat restaurant. Per Mr.Kvech, examples of these methods can be found currently in use to serve peak water demands in restaurants. and breweries along Route 151 in Nelson County. CONSISTENCY OF PROJECT WITH COMPREHENSIVE PLAN,AND POTENTIAL IMPACTS The property is located at the intersection of Routes 240 and 250,and lies in close proximity(<1 mile) to the Crozet Community,as designated by the Comprehensive Plan. The proposed project is consistent Attachment B with the Comprehensive Plan insofar as It entails the continuing, by-right use of a nonconforming property. . As mentioned,this parcel remains undeveloped due to its unique and challenging features. With the. approval of this SUP,as well as the underlying project,the public will benefit aesthetically by removing an eyesore from the entrance corridor,and economically through increased tax revenues. Neither this project proposal, nor the underlying granting of this SUP,would have any negative Impact on public facilities or infrastructure. While the Board of Supervisors has already considered and approved the suitability of this site and Its attendant use for access to public sewer, public water use Is not a viable option for the reasons set forth above. VDOT has Indicated that(aside from its desire to focus on prevention of motorists from entering the parking lot from a path other than the existing entrance)it would support the project.The regular use and maintenance of the parking lot and landscaping should address VDOT's desire. From an environmental perspective,the continued use of the existing,nonconforming parking lot will not negatively impact the environmental features of either the property, nearby parcels,or surface water bodies. To the contrary,this currently vacant land is regularly used without permission by unknown third parties as an illicit dumping ground for garbage,tires,appliances and fill dirt,which is detrimental to the general environmental quality in the area,which activity would certainly cease upon the implementation of this project allowing for more regular and productive use of the property. Other than decorative and safety lighting located on the proposed building, no other lighting will be used to Illuminate the parking lot. In addition to the existing parking lot,the site is currently occupied by a non-conforming structure that is neither useful nor attractive. Over the years,it has been targeted by vandals and graffiti artists,further degrading the attractiveness of this parcel. Our underlying project proposal will replace this structure with an edifice that is both attractive as well as useful. No proffers are being proposed for this project proposal. We appreciate this opportunity to provide support for our proposal,and respectfully ask that this Special Use Permit be granted. Please let us know if you require any additional information for their consideration. Si er y; William McKechnie . Member • Mechum's Trestle, LLC .