HomeMy WebLinkAboutSP202000013 Narrative - Revised 2020-09-21Wavertree Hall Farm Special Events
SP202000013
Special Use Permit Application Narrative
Applicant: Hilmasco Operations, LLC
September 21, 2020
Proiect Proposal
Wavertree Hall Farm (fka Bellevue Farm) is a historic property located on the south side of
Plank Road (State Route 692) in Albemarle County (the "Property"). The Property is located in
the RA Rural Areas zoning district in the Samuel Miller District, has current County Tax Map
parcel number 07000-00-00-0390, and contains 145.33 acres. The Property may be accessed
from Plank Road via two drives: Kingsway Drive, which leads to the area of the proposed spe-
cial events (the "Project") and one of the two smaller homes on the Property, and a separate
driveway to the main house and to the other smaller home and outbuildings to the south. The
Property also has access over Kingsway Road from Dick Woods Road. Current addresses are
1100 Kingsway Road, 7002 Dick Woods Road, and 7287 Plank Road. For the general location
of the Property, please see Sheet 1 (Context Map) of the Wavertree Hall Event Venue Special
Use Permit Concept Plan, September 21, 2020, prepared by Shimp Engineering, P.C., enclosed
as Exhibit A.
Wavertree Hall Farm is registered on the National Register of Historic Places. Please see DHR
Registration Form File No. 02-847 enclosed as Exhibit B. The center portion of main house,
built in the Greek Revival style, dates from 1859. Wings on either side of the primary structure
were constructed after 1913; additional wings were added to the rear after 1921. The Property
contains two tenant houses (The Dell and The Hedges) and approximately 15 barns, stables,
and other outbuildings, including a large non-contributing structure used by the prior owners as
a horse -riding ring. Sheet 2 of the Illustrative Exhibits to the Concept Plan shows the location of
all contributing and non-contributing structures on the Property, and Sheet 3 shows current pho-
tographs of these structures.
The owner of the Property, Hilmasco, LLC, purchased the Property as a private residence. The
main house will continue to be used as a private residence and will not be used for the pro-
posed special use. Other than approximately 20 forested acres and the homesites and barn ar-
eas, all of the Property is planted in hay, which is cut and baled by a neighboring farmer with the
owner's permission. The Property's primary uses will remain residential and agricultural.
As a historic property, Wavertree Hall Farm is eminently suitable for Special Events authorized
by Special Use Permit under Albemarle County Zoning Ordinance Section 10.2.2 (50), subject
to the regulations of Section 5.1.43. (Please see the Sec. 5.1.43 analysis below.) The Special
Events ordinance was developed expressly for hosting events at historic properties for the pub-
lic to share the enjoyment of the County's historic resources and rural viewsheds. It is important
to recognize that Section 5.1.43 ("Special events") is different and distinct from the more recent
Zoning Ordinance provisions for special events permitted at farm wineries, breweries, and distill-
eries and at Agricultural Operations.
The owner formed Hilmasco Operations, LLC (the "Applicant") to operate the agricultural busi-
ness and to develop and operate a commercial venue for parties, weddings, and other social
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gatherings. The site of these gatherings would be focused in the area of the existing indoor rid-
ing ring. Please see Sheet 4 of the Concept Plan for the two proposed outdoor event areas. In-
door activities would take place inside the former riding ring building, which will be remodeled
for the proposed use and will include a farm management office. This structure is not a contrib-
uting historic structure, was built in the 1970's, and is visually inconsistent with the other struc-
tures on the Property. Though the Applicant would prefer to raze this structure and to construct
a more attractive building in the same location, Section 5.1.43(d)(1) requires each structure
used for a special event to have been in existence on the date of the adoption of the section
(except for accessory structures with fewer than 150 square feet). Further, the Property is sub-
ject to a conservation easement granted to the Virginia Outdoors Foundation (VOF), which has
opined that the existing buildings may be adaptively reused for the proposed purpose but should
not be razed and reconstructed. Therefore, the Applicant proposes to renovate the riding ring
and will work with VOF for approval of any exterior modifications. Nearby outbuildings may be
adapted for ancillary uses. All buildings used for the permitted use would be convertible to ex-
clusively agricultural use if Special Events were no longer held on the Property.
The Applicant discussed the Project with the Department of Historic Resources (DHR) and, by
letter dated June 2, 2020, requested comments from DHR regarding the use, renovation, and
removal of certain buildings on the Property and sent photographs of the buildings to DHR.
(See Sheet 3 of the Illustrative Exhibits to the Concept Plan.) By letter enclosed as Exhibit G,
DHR provided comments regarding the Project. DHR has no objection to renovating the riding
ring, which is considered non-contributing, but recommends that any renovations "be compatible
in scale and massing" to the other barns and stables. As to the three stables proposed for re -
purposing, DHR recommends following the Secretary of Interior's Guidelines for Rehabilitation
as well as the guidelines and policies of the County's Architectural Review Board. The
Applicant considered removing the structure identified as "L" Horse Barn in order to afford visi-
tors an unobstructed scenic view to the northwest; this barn is in a state of disrepair with rotting
wood. DHR recommends against removing the "L" Horse Barn, though removal would not
cause delisting. The Applicant is unlikely to remove the Horse Barn based on consideration of
DHR's response and the sound buffering the structure provides to the north.
The Applicant may consider creating a homestay for guests within one of the tenant homes on
the Property and/or in the main home.
Consistencv with the Comprehensive Plan
The Property is within Rural Area 3, and its primary land use is Rural Area. The Rural Areas
Plan supports agricultural and silvicultural uses and the protection of natural and cultural re-
sources. The Property is located on the southern edge of the Greenwood -Afton Rural Historic
District.
The Project is consistent with the Comprehensive Plan because it would preserve rural lands for
agricultural and silvicultural uses and would help to preserve and contribute to the public's en-
joyment of the historic structures on the Property and the rolling, scenic rural views. As little of
the Property will be disturbed as possible in implementation of the Project. Access for guests
would be by way of an existing gravel access road, Kingsway Road. No trees would be re-
moved, and the site is being designed to require as little grading as possible. The proposed
use will require no subdivision of land, no additional structures, and no additional roads. It will
allow the Applicant to maintain the historic and natural preservation uses to which the Property
has been devoted by offsetting the costs of maintaining the historic home and grounds.
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The proposed use is consistent with the goals of Chapter 7-Rural Area and Chapter 5-His-
toric, Cultural, and Scenic Resources of the Comprehensive Plan:
Rural Area
Goal: Protect the County's historic, cultural and scenic resources. The Property is located
on the southern edge of the Greenwood -Afton Rural Historic District. Wavertree Hall Farm is
listed in the National Register of Historic Places. The Property contains historic structures that
will be preserved and maintain for the enjoyment of guests.
Objective 3: Protect the County's historic, archeological, and cultural resources.
The applicant's ability to host special events will support the maintenance of Wavertree
Hall Farm, an important historic resource.
Strategy 3a: Promote reuse of historic structures that support agricultural
and forestall uses in the Rural Area. The equestrian facilities used by the
former owner of Wavertree Hall will not be used for equestrian activities
by the current owner. Repurposing the riding ring and related structures
for use as event space will allow more people to enjoy the rural area and
will serve to improve and maintain the existing structures without any neg-
ative impact to the rural viewshed from either Plank Road or Kingsway
Road.
Objective 4: Promote rural and historic landscapes that enhance visitors' experi-
ence and give historic sites as authentic a setting as possible. Gatherings and cele-
brations at the county's historic properties, farms and vineyards give residents and visi-
tors firsthand access to the great beauty of the county's rural areas. The Applicant pro-
poses to host parties, weddings, and other events in the large former riding ring on the
property. Lodging may be provided in the main house and/or one or both onsite tenant
houses.
The proposed Special Events use would meet the standards for new uses in the Rural
Area:
- The use would relate directly to the rural setting; the project will allow visitors to enjoy
the beauty of the historic and rural setting;
- the use would be compatible with, and have a negligible impact on the natural and
historic resources of the Property;
- the use would not be in conflict with nearby agricultural and forestall uses;
- the structures and areas of use will be an appropriate size for the Property as they
will not exceed in size the existing structures, originally built for equestrian activities;
- renovations to the structures will be reversible so the land could be used exclusively
for farming or other rural uses; the land will continue to be conserved as required by
the existing conservation easement;
- the use will be suitable for existing rural roads and will not cause disruption to traffic
patterns';
' The Applicant has performed a sight distance analysis of Plank Road and Dick Woods Road and has consulted with
VDOT to confirm adequate sight distance.
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the use will generate little demand for fire and rescue and police service';
the use will be able to operate without the need for public water and sewer, and the
use will be sustainable with available groundwaters3; and
the use will be consistent with other Rural Area policies.
Historic, Cultural, and Scenic Resources
Goal: Albemarle's historic, cultural, and scenic resources will be preserved. Attractive
entrance corridors will welcome visitors and residents to and within the County. Waver -
tree Hall Farm (Bellevue) is a historic property located in the Greenwood -Afton Rural Historic
District. The Property owner's desire to maintain the historic home and grounds would be sup-
ported by opening the Property to the public for special events while preserving this important
County historic resource. In line with Strategy 2a of Objective 2, the Property is already subject
to a conservation easement and designated as a historic resource on the National Register of
Historic Places.
The Project would also support Objective 6 -- to continue to protect and enhance scenic re-
sources for residents and tourists. The views from Plank Road will only be enhanced by reno-
vation (or replacement) of the riding ring structure, which is inconsistent architecturally with the
other structures, and parking will be located to minimize visibility from Plank Road.
Description of Surrounding Properties
Christian Retreats, Inc. subdivided the neighboring lots for a development in the 1970s; these
lots are zoned Planned Residential Development. The lots abut the Property to the east (off
Nether Springs Road), south (off Kingsway Road and Dick Woods Road), and northwest (off
Emmaeus Road).4 All other parcels in the vicinity are zoned Rural Area -zoned parcels. All sur-
rounding properties are used as farms and single-family residences. The Batesville Agricul-
tural/Forestal District abuts the Property to the south. The Yellow Mountain Agricultural/Forestal
District is northeast of the Property on the north side of Plank Road. Based on mapping availa-
ble on the VOF website, over 2,300 acres of farmland immediately west and north of the Prop-
erty are also subject to VOF conservation easements, and hundreds of acres across Plank
Road are under easement to the Department of Forestry.
' The Applicant will bring all buildings into compliance with applicable Virginia Uniform Statewide Building Code and
Virginia Statewide Fire Prevention Code requirements.
3 In compliance with Section 5.1.43(b)(2), the Applicant has requested written comments from the Virginia Depart-
ment of Health regarding the adequacy of the private water supply and onsite sewage system to serve the proposed
events.
4 On May 7, 2008 (ZMA200700025), the Property was rezoned from PRD (Planned Residential Development) to RA
(Rural Area) with proffers dated March 26, 2008. Proffer #2 provides that the Property shall remain as "common
area' for the use of the residents of Wavertree Hall Subdivision, and the "amenities," consisting of a twenty (20) foot
walkway easement and a ten (10) foot walkway easement, on the Property would remain available for the residents
of Wavertree Hall Subdivision. Wavertree Hall Farm Declaration of Covenants and Conditions Imposed by Christian
Retreats, Inc., dated March 15, 1979, recorded in Deed Book 667 at page 101 on March 19, 1979, enclosed as Ex-
hibit F, defines the development's Common Area as only these 20' and 10' pedestrian easements and the private
roads, which are shown on the Foster plat referred to in the proffers. Further, owners of lots subject to the Declara-
tion have the right to use the private roads and have an obligation to contribute equally to the maintenance of the par-
ticular road they use (e.g., Lots 1, 2, 3, 3, 4-A, and 4-B must split equally the cost of maintaining Emmaeus Road).
The lot owners who use Kingsway Drive contribute to its repair and maintenance. The proffer provides that an
amendment of the Declaration can modify these rights without county approval.
Page 4
As early pre -submission outreach, the Applicant sent letters to approximately 45 neighbors to
preview the proposed Project and to invite these neighboring property owners to call or email
comments. See letter and addresses enclosed as Exhibit C. Sheet 3 of the Concept Plan
shows surrounding parcels, their owners, and use. The Applicant received responses from nine
neighbors who provided comments and/or accepted the Applicant's invitation to discuss the Pro
ject by telephone, plus a group letter including ten additional property owners, for a total of 19
responses.
Additional information: Conservation Easement
The Property is subject to a conservation easement, dated December 13, 2003, granted to the
Virginia Outdoors Foundation (VOF), enclosed as Exhibit D. The easement's land use preser-
vation values include "its extensive frontage on Plank Road," which "contributes to the scenic,
rural character of the area as viewed by the traveling public," and its proximity to Dollins Creek,
a tributary to the South Fork Rivanna Reservoir. The Applicant's proposed use will be consistent
with the goals of the conservation easement and will have no negative impact on its land use
goals. The property owner will continue growing hay for cutting and baling on roughly 80% of
the Property.
The easement deed permits "temporary or seasonal outdoor activities which do not permanently
alter the physical appearance of the Property, and which are consistent with the conservation
values herein protected ... (and) activities which can be and in fact are conducted within permit-
ted buildings without material alteration to the external appearance thereof." The deed of gift of
easement also provides that "(t)emporary outdoor activities involving one hundred (100) or more
people shall not exceed seven consecutive days in duration unless approved by the Grantee in
advance in writing." The VOF easement permits maintaining, renovating, enlarging, relocating,
or razing and replacing any of the buildings on the Property. Construction of new structures ex-
ceeding 4,500 square feet in ground area requires prior written approval of VOF.
In response to a request on behalf of the Applicant, Justin Altice, Stewardship Specialist for
VOF, sent the enclosed letter, dated June 29, 2020 (Exhibit E). Mr. Altice states that "new
buildings cannot be constructed for commercial uses not specifically allowed" by the easement.
Therefore, though the riding ring could not be razed and rebuilt for the proposed use, he states
that "existing buildings may be adaptively reused for such a commercial purpose if required ren-
ovations do not materially alter the external appearance of that building." The Applicant intends
to submit architectural drawings to VOF for review and approval of proposed exterior modifica-
tions. VOF requires that new infrastructure, such as parking, roads, and utilities must be re-
viewed and approved by VOF; the Applicant is not proposing new infrastructure at this time.
Impacts of the Proposed Use
The Applicant shall apply for a zoning clearance under Section 31.5 at least 30 days prior to the
first scheduled Special Event. The application shall describe the nature of each event for which
authorization is requested, the proposed dates and hours, and the number of participants and
staff expected to attend each event.
Number of Events. The Applicant intends to limit the number of events to 18 per year, six
fewer than the 24 annually that are permitted by the Zoning Ordinance. Attendance at all
events would be by prior reservation, ticket sales, or invitation only.
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Number of Guests. Because of the large size and layout of the Property and the scale of the
riding ring structure, events of more than 150 guests could be easily accommodated. The Appli-
cant is requesting approval to allow up to 350 guests within a twelve (12) month period for up to
four (4) of the 18 permitted events, with all remaining events being limited to 150 guests. The
area proposed for the events is secluded from any residences on neighboring parcels and is
buffered by trees and shrubs in every direction. Former owners of the Property used the riding
ring and nearby outbuildings for equestrian activities, which entailed gatherings in the proposed
venue area and traffic along Kingsway Road.
Hours of Events. Outdoor amplified dance music will terminate at 10 p.m. All events will termi-
nate no later than 12 a.m.
Sound Management. Please see enclosed as Exhibit K a sound propagation analysis report
prepared by Acentech. The report lays out the findings of Senior Staff Scientist Bill Yoder with
regard to the following scenarios:
1. Distributed music (e.g. quieter, background mood music), using 16 distributed speakers;
2. 150 guests in the lower (south) outdoor event space;
3. 350 guests in the upper (north) outdoor event space;
4. 500 guests with 150 in the lower and 350 in the upper event spaces;
5. Dance music on the upper outdoor space with two PA speakers facing south;
6. Distributed music + both crowds; and
7. Distributed music + both crowds + dance music in upper event space.
Maps associated with the various scenarios depict the expected sound propagation to show
what activities could be carried on in compliance with the daytime noise ordinance limit of 60
dBA and nighttime (starting at 10 p.m.) limit of 55 dBA. Please refer to the report for details re-
garding number and placement of sound sources and sound levels. The study shows that all
variants listed above would meet daytime noise ordinance limits. All variants would meet
nighttime noise ordinance limits with the exception of outdoor amplified dance music (as de-
scribed in the report). The Applicant will turn off all outdoor amplified dance music on or before
10 p.m. In addition, the Applicant will use a house sound system, which will allow control over
the sound level (and frequency distribution) in order to ensure a maximum sound level output of
85 dBA, measured at a distance of fifty (50) feet from the speakers.
Parking. Parking Areas are shown on Sheet 4 of the Concept Plan. These areas were chosen
to have the least visual impact on neighboring properties. Illustrative Exhibit Sheet 1 shows
how the change in elevation and tree buffering will hide the parking areas from the neighboring
property to the south.
Impacts on Public Facilities and Public Infrastructure
Water/Sewer
The Applicant obtained a feasibility soil study from Shenandoah Soil Consulting, LLC, which is
attached as Exhibit H. The stated purpose of the study "was to determine the suitability of the
site and soil conditions to support an onsite sewage disposal system for a proposed event struc-
ture capable of hosting 350 guests maximum (1,800 gallons per day equivalent), at a rate of 18
catered events per year ... 14 of the yearly events will serve up to 150 guests." The study finds
that "the site and soil conditions for the area investigated meet the Virginia Department of
Health's Sewage Handling and Disposal Regulations (2000) for a conventional onsite sewage
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disposal system (SDS)" and that "(t)he area delineated and staked in the field should be ade-
quate for the proposed event structure, as outlined above." The Concept Plan depicts the ap-
proximate location of the study's delineated drainfields on Sheet 4. By letter of September 9,
2020, Shimp Engineering, P.C. attached as Exhibit I solicited written comments from the Vir-
ginia Department of Health regarding the water supply and onsite sewage system to serve the
proposed special events.
Transportation Infrastructure
Please see Sheet 5 of the Concept Plan for accessways and traffic routing. Guests will access
the Property from Plank Road over Kingsway Drive, which is a two-lane private gravel road.
The required 500' intersection sight distance for a 45 mph design speed was field verified by
Justin Shimp, P.E on July 31, 2020. A sight distance exhibit demonstrating the required inter-
section sight distance is enclosed as Exhibit J; the exhibit notes that vegetation is to be re-
moved as required by VDOT to ensure there is adequate sight distance.
The trip generation estimates for this proposed use were derived from the anticipated number of
guests and employees/vendors that are anticipated to be on the property during special events.
As aforementioned in this project narrative, this special use permit requests approval of 18
events per year with 14 of those events allowing up to 150 guests and four (4) of those events
allowing up to 350 guests per year; using these parameters two thresholds for daily trip genera-
tion were evaluated, events with up to 150 guests and events with up to 350 guests.
There are no direct trip generation comparisons for a special events use available in the Insti-
tute of Transportation Engineers (ITE) Trip Generation Manual 101h Edition and so anticipated
trip generation numbers were informed by the Albemarle County minimum parking requirements
for special events. Per Sec.18-4.12.6 of the Albemarle County Zoning Ordinance, special event
venues must provide one parking space per 2.5 participants, plus one space per employee (in-
cludes staff, caterers, musicians and vendors). Using this standard to inform trip generation, it is
estimated an event with 150 participants and 20 event staff will generate approximately 160
daily trips [((150/2.5) + 20) x 2 = 160]. Due to the nature of the proposed events which will start
and end on the same calendar day, it is anticipated that most, if not all, trips will arrive and leave
in the same day contributing to two trips per vehicle per day. Up to four events per year are pro-
posed to have more than 150 guests, and for these larger events, shuttle buses will drop off and
pick up a certain percentage of the guests to limit the number of cars onsite. It is expected for
increments of 40 guests to contribute to two daily bus trips (one entering trip and one exiting
trip) and therefore, an event with 350 guests is expected to generate 130 daily guest trips, with
120 of those trips attributable to the 150 guests that may arrive in personal vehicles and ten (10)
of those trips attributable to five (5) buses transporting the remaining 200 guests. It is estimated
that 72 trips will be attributable to 36 employees that would work larger events. A table showing
the estimated trip generation is provided below:
Trip Generation Table
PECIAL EVENTS
F
Guests
Em Io ees/Vendors
Daily Total
150
20
160
350
36
202
The applicant's engineer met with VDOT on the property for an initial site visit to evaluate the
Kingsway Rd entrance from Plank Rd on August 28, 2020. During this initial site visit, VDOT in-
dicated the proposed special events would necessitate paving improvements to the proposed
Page 7
entrance to meet moderate volume entrance design criteria. The applicant will continue to work
with VDOT throughout the review process of this special use permit request to evaluate the
standard by which the existing entrance should be improved so that these improvements may
be made during the development phase of this project.
No other impacts on public facilities or public infrastructure are anticipated
Impacts on Environmental Features
The Applicant intends to preserve the Property in its current state to the greatest extent possi-
ble. No live trees will be removed, and any grading will be minimal because indoor activities will
take place within existing buildings and outdoor activities will take place in areas that will require
minimal or no grading. No activities will have any impact on flood plains, critical slopes, or
streams.
Section 4.12.6 of the Zoning Ordinance requires one parking space per 2.5 participants, plus
one space per employee (including staff, caterers, musicians, and vendors). The Project will
provide parking sufficient for 165 vehicles, which meets parking requirements for 350 guests
plus 25 vendors. For events exceeding 200 guests, the Applicant will require that clients pro-
vide information on guests' transportation to and from the venue and will work with hotels to co-
ordinate shuttle buses.
Please see Sheet 3 of the Concept Plan for the location of critical slopes, stream, and stream
buffer. The grass parking areas are partially located in a stream buffer. This area is flat and will
require no grading or other disturbance. This area is ideally suited for parking because the cars
would be below a ledge and separated by a grove of trees from the only residence that would
otherwise have a view of them, as illustrated on Sheet 1 of the Illustrative Exhibits.
Compliance with Albemarle County Zoning Ordinance Requirements
Compliance with the Requirements of Zoning Ordinance Section 5.1.43 are discussed in more
detail below:
Sec. 5.1.43 - Special events.
Each special event authorized by section 10.2.2(50) shall be subject to the following:
a. Eligibility and applicability. Special events may be authorized on those parcels in the
Rural Areas (RA) zoning district on which there is an existing and ongoing by -right
(section 10.2.1) primary use. A special event special use permit issued under section
10.2.2(50) and this section shall not be required for special events associated with
farm wineries or historical centers, or for events determined by the zoning adminis-
trator to be accessory to a primary use of the parcel.
The Property's existing and ongoing by -right primary uses are agricultural and
residential. The Property has no farm winery or historical center, so applica-
tion is made for Special Events pursuant to Sec. 5.1.43.
b. Information to be submitted with application for special use permit. In addition to any
information otherwise required to be submitted for a special use permit, each appli-
cation for a special use permit shall include the following:
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Concept plan. A preliminary schematic plan (the "concept plan") satisfying sec-
tion 32.4.1. The concept plan shall identify the structure(s) to be used for the spe-
cial event, include the area of the structure(s) in which the proposed special
events will be conducted, the parking area, and the entrance to the site from the
street. The concept plan shall address, in particular, provisions for safe and con-
venient access to and from the street, the location of the parking area, the loca-
tion of portable toilets if they may be required, proposed screening as required by
this section for parking areas and portable toilets, and information regarding the
exterior appearance of the proposed site. Based on the concept plan and other
information submitted, the board of supervisors may then waive the requirement
for a site plan in a particular case, upon a finding that the requirement of a site
plan would not forward the purposes of this chapter or otherwise serve the public
interest.
Please see the Concept Plan, September 21, 2020, prepared by Shimp Engi-
neering, P.C., enclosed with the Application for Special Use Permit (the
Concept Plan"). Sheet 4 of the Concept plan shows and identifies the pri-
mary event structure, outdoor use areas for events, parking areas, access
road, and the limits of event use on the Property.
2. Information from the Virginia Department of Health. The applicant shall submit
written comments from the Virginia Department of Health regarding the private
water supply and the onsite sewage system that will serve the proposed special
event site, the ability of the water supply and the onsite sewage system to handle
the proposed events, and the need to improve the supply or the system in order
to handle the proposed events.
The applicant has requested written comments (See Exhibit I and will pro-
vide them to the County upon receipt.
3. Building and fire safety. The building official and the county department of fire
and rescue shall review and comment on the application, identifying all Virginia
Uniform Statewide Building Code and Virginia Statewide Fire Prevention Code
issues and requirements.
Duly noted.
c. Zoning clearance. The applicant shall obtain a zoning clearance under section
31.5 prior to conducting a special event. A single zoning clearance may be obtained
for one or more such special events in a calendar year as follows:
The zoning administrator may issue a single zoning clearance for more than one
special event if: (i) the application submitted by the applicant includes the re-
quired information in subsection 5.1.43(c)(3) for each special event to be covered
by the zoning clearance: (ii) the zoning administrator determines that each spe-
cial event is substantially similar in nature and size; and (iii) the zoning adminis-
trator determines that a single set of conditions that would apply to each such
special event may be imposed with the zoning clearance.
Duly noted.
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2. The applicant shall apply for a zoning clearance at least 30 days prior to the date
of the first special event to be authorized by the zoning clearance. The applica-
tion shall be submitted to the zoning administrator, who shall forward copies of
the application to the county police department, the county building official, the
county department of fire and rescue, and the local office of the Virginia Depart-
ment of Health. As part of his review, the building official shall determine whether
the structure(s) proposed to be used for the special events satisfies the require-
ments of the Virginia Uniform Statewide Building Code for that use.
The Applicant shall comply with the zoning clearance provisions.
3. The application shall describe the nature of each special event to be authorized
by the zoning clearance, the date or dates and hours of operation of each such
special event, the facilities, structures to be used, and the number of participants
and support staff expect to attend each special event.
The Applicant shall include the required information on the zoning clear-
ance application.
4. Upon a determination that all requirements of the zoning ordinance and all condi-
tions of the special use permit are satisfied, and imposing all conditions of such
approval required by the offices identified in subsection 5.1.43(c)(2), the zoning
administrator shall issue a zoning clearance for one or more special events. The
validity of the zoning clearance shall be conditional upon the applicant's compli-
ance with all requirements of the zoning ordinance, all conditions of the approved
special use permit, the approved concept plan or site plan, and all conditions im-
posed by the zoning clearance.
Noted.
d. Special events sites and structures. In addition to all other applicable requirements of
this chapter, special events sites and structures shall be subject to the following:
Structures used for special events. Each structure used for a special event shall
satisfy the following: (i) the structure shall have been in existence on the date of
adoption of this section 5.1.43, provided that this requirement shall not apply to
accessory structures less than 150 square feet in size; (ii) the structure shall be a
lawful conforming structure and shall support or have supported a lawful use of
the property; and (iii) modifications to farm buildings or farm structures as those
terms are defined in Virginia Code § 36-97 shall allow the structure to revert ex-
clusively to an agricultural use, as determined by the building official.
The former riding ring, barns, and stables to be repurposed for the pro-
posed use were all in existence on the date of the adoption of this ordi-
nance section, are lawful conforming structures, and have been used for
agricultural purposes, which is a lawful use of the Property. All modifica-
tions to these buildings or structures shall allow them to revert to an agri-
cultural use, as determined by the building official.
2. Minimum yards. Notwithstanding any other provision of this chapter, the mini-
mum front yard shall be 75 feet. The minimum side yard shall be 25 feet. The
Page 10
minimum rear yard shall be 35 feet. All yards shall be measured from structures
and off-street parking areas. These minimum yard requirements shall apply to all
accessory structures established after the effective date of this section 5.1.43
and all tents, parking areas and portable toilets used in whole or in part to serve
special events.
All structures, tents, parking areas, and portable toilets (if used) will exceed
these required minimum yard setbacks. Please see the Concept Plan.
3. Parking. The number of off-street parking spaces for a special event shall be as
required in section 4.12.6. Notwithstanding section 4.12.15(a) through (g), the
additional parking area(s) for special events shall consist of or be constructed of
pervious materials including, but not limited to stabilized turf, approved by the
county engineer. Asphalt and impervious materials are prohibited. If the parking
area is on grass or in a field, the applicant shall reseed and restore the parking
area site as required by the zoning administrator. In addition to the requirements
of section 4.12.5, the parking area shall be onsite and screened from abutting
parcels by topography, structures or new or existing landscaping. Notwithstand-
ing section 4.12.16(d) and (e), the delineation of parking spaces and the provi-
sion of bumper blocks shall not be required.
Section 4.12.6 of the Zoning Ordinance requires one parking space per 2.5
participants, plus one space per employee (including staff, caterers, musi-
cians, and vendors). The Project will provide parking sufficient for 165 vehi-
cles, which meets Zoning Ordinance requirements for 350 guests plus 25
staff. For events with more than 200 guests, the additional guests will be
required to use shuttle buses for transportation to the Property. No asphalt
or impervious parking areas will be constructed. Parking areas shall be
grass, which shall be reseeded and restored as may be required by the
zoning administrator. Parking areas shall be onsite and screened from
abutting parcels.
4. Water and sewer. The private water supply and onsite sewage system serving
special event shall be approved by the Virginia Department of Health.
The Applicant shall obtain approval from the Virginia Department of Health
for the water supply and onsite sewage system serving the special events.
5. Streets and access. Streets serving the site shall be adequate for anticipated
traffic volume for a special event. Access from the street onto the site shall be
adequate to provide safe and convenient access to the site, and applicant shall
install all required improvements and provide adequate sight distance in order to
provide safe and convenient access.
The Applicant has consulted with VDOT to ensure adequate site distance
on Plank Road (see Exhibit J . The Applicant will require that clients pro-
vide information on guests' transportation to and from the venue and will
work with hotels to coordinate shuttle buses for weddings and events ex-
ceeding 200 people. If required, the Applicant will work with a traffic engi-
neer to devise a traffic management plan for events over 200 guests, in-
cluding signage and people to direct traffic.
Page 11
e. Special events operations. In addition to all other applicable requirements of this
chapter, special events operations shall be subject to the following:
1. Number of participants. The number of participants at a special event at anyone
time shall not exceed 150 persons.
The Applicant is requesting up to 350 guests for up to four (4) events per
12-month period; the remaining events shall have no more than 150 partici-
pants.
2. Number of special events per year. The special use permit shall identify the num-
ber of approved special events per calendar year, which number shall not exceed
24.
The Applicant is proposing a maximum of eighteen (18) events per year.
3. Signs. Permanent and temporary signs advertising a special event shall be per-
mitted as provided in sections 4.15.4, 4.15.4A and 4.15.8.
Duly noted.
4. Food service. No kitchen facility permitted by the Virginia Department of Health
as a commercial kitchen shall be allowed on the site. A kitchen may be used by
licensed caterers for the handling, warming and distribution of food, but not for
cooking food, to be served at a special event.
Duly noted.
5. Portable toilets. If required, portable toilets are permitted on the site, provided
that they comply with the yard requirements in section 5.1.43(d)(2) and shall be
screened from that parcel and any street by topography, structures or new or ex-
isting landscaping.
Duly noted.
Prohibition of development to a more intensive use. A parcel subject to a special
events special use permit shall not be subdivided so as to create one or more par-
cels, including the parent parcel, of less than 21 acres in size without first amending
the special use permit to expressly authorize the subdivision. If a parcel is so subdi-
vided without first amending the special use permit, special events shall thereafter be
prohibited on the resulting parcels unless a new special use permit is obtained.
Duly noted.
( Ord. 05-18(8) , 7-13-05; Ord. 12-18(4) , 7-11-12)
Page 12
Exhibits:
A Shimp Engineering Concept Plan (5 Sheets) with Illustrative Exhibits (3 Sheets)
B National Register of Historic Places File
C Letter to Neighbors; Addresses
D Virginia Outdoors Foundation Conservation Easement
E Letter from Justin Altice, VOF
F Declaration of Covenants, Conditions, and Restrictions
G Letter from Elizabeth Hoge Lipford, Department of Historic Resources
H Shenandoah Soil Consulting, LLC Feasibility Soil Study
I Shimp Engineering Letter to Thomas Jefferson Health District re water/sewer
J Sight Distance Analysis
K Acentech Sound Propagation Analysis
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