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HomeMy WebLinkAboutCLE200600050 Legacy Document 2006-03-21 (2)o� arm M �. R? COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (4341296-5832 January 18, 2006 Colleen Gibbons Universal Pictures 100 Universal City Plaza Trailer 6128 Universal City, CA 91608 FAX 818 - 733 -1166 r ec !,Ivevz,1iK-1 Re: Proposed Film Project in Albemarle County within Old Trail Development (Evan Almighty) - zoning determination Dear Ms. Gibbons: The purpose of this letter is to provide general zoning approval for the temporary film project proposed within Old Trail Development in Crozet. With this approval, preliminary work may begin on the property. We recognize that the preliminary work includes construction of an "ark" and four house facades. In the very near future, after discussion with relevant departments and agencies, we will work out conditions of approval for the zoning clearance for the film shooting. We also understand that after the filming is complete, all materials will be removed and the site will be restored to its previous condition. As we discussed in our meeting on January 5t ", this is a temporary use. This use is not expressly listed in the Albemarle County Zoning Ordinance. Therefore, it is also not expressly prohibited. I am not aware of any precedence for the County's denial of this type of proposed use. Many temporary uses we have consistently permitted are not expressly listed in the Zoning Ordinance. As I understand it, the area proposed for activity includes the commercial area within Old Trail development. This type of temporary activity is not contrary to or dissimilar to temporary events in commercial areas. In our meeting the Building Official stated that no building permits are necessary for the construction of the "ark" and facades. Tents, trailers and any temporary power poles will require permits from the County. Tents will also require a permit from the Fire / Rescue Department. By copy of this letter, I am informing our Permit Planner to expect these permits. Colleen Gibbons Universal Pictures January 18, 2006 Page 2 As we discussed in this meeting, potential negative impacts on the public from this activity should be considered and addressed. The County has maximum noise standards which do not apply to the construction process. Construction (such as of the "ark ") is specifically exempt from the noise regulations between 7 a.m. and 10 p.m. {§ 4.18.05 C of the Albemarle County Zoning Ordinance). These regulations do apply to other aspects of the project such as shooting. While the activity is largely within a commercially designated area, the maximum noise levels are based on the zoning designation of the receiving property. There is a maximum for residential receiving property of 60 dB daytime and 55 dB nighttime. We also have lighting regulations which include maximum spillover of 0.5 footcandle at those same property lines. If you have any questions about this, please let me know. The film shooting zoning clearance will include conditions of approval such as the limitations of the project as you are proposing it. Other items will include operating conditions such as traffic control and the like. We will discuss potential operating conditions, such as limiting peak traffic hours to avoid conflict with the schools' start and end times, at the meeting on January 12tH The County will continue to work very closely with you and others involved in this project as it evolves. Our point of contact for the project is Lee Catlin, Community Relations Manager. She can be reached at 296 -5841 x 3425 or Icatlin(a)-albemarle.org. If we receive citizen complaints, we will contact Tom Trigo or you to work them out. We look forward to a successful film project in Albemarle County. If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.2- 2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. Sincerely, Amelia G. McCulley, A.I.C.P. Zoning Administrator Cc: Jay Schlothauer Gerald Gatobu Lee Catlin Mark Graham Crystal Limerick Colleen Gibbons Universal Pictures January 18, 2006 Page 2 Bob Brown Via Fax to Tom Trigo 823 -6602.