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Home My WebLink AboutSE202000014 Application 2020-09-21pr APPLICATION FOR A SPECIAL EXCEPTION 0 Request for a waiver, modification, variation ❑ Variation to a previously approved Planned or substitution permitted by Chapter 18 = $457 Development rezoning application plan or Code of Development = $457 OR ❑ Relief from a condition of approval = $457 Provide the following 0 3 copies of a written request specifying the section or sections being requested to be waived, modified, varied or substituted, and any other exhibit documents stating the Provide the following ❑ 3 copies of the existing approved plan illustrating the area where the change is requested or the applicable section(s) or the Code of Development. Provide a graphic representation of the requested change. reasons for the request and addressing the ❑ 1 copy of a written request specifying the applicable findings of the section authorized provision of the plan, code or standard for to be waived, modified, varied or substituted. which the variation is sought, and state the reason for the requested variation. Project Name : Wavertree Hall Special Events Current Assigned Application Number (SDP, SP or ZMA) SP2020-00013 Tax map and parcel(s): 07000-00-00-03900 Applicant / Contact Person Hilmasco Operations, LLC / Lori H. Schweller, Williams Mullen Address 321 E. Main Street City Charlottesville State VA Zip 22903 Daytime Phone# ( 804 ) 248-8700 Fax# ( 434 ) 817-0977 Email LSchweller@williamsmullen.com Owner of Record Address 7285 Plank Road City Hilmasco, LLC Afton State VA Zip 22920 Daytime Phone# ( ) Fax# ( ) Email sanfordnm@yahoo.com County of Albemarle Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 a • APPLICATION FOR A SPECIAL EXCEPTION APPLICATION SIGNATURE PAGE If the person signing the application is someone other than the owner of record, then a signed copy of the "CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER" form must be provided in addition to the signing the application below. (page 3) Owner/Applicant Must Read and Sign By signing this application, I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner of the subject parcel(s) listed in County Records. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application, I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written communication from also being sent via first class mail. I/ c3T� Signatunf of Own r / Agent / Contract Purchaser Lori H. Schweller, Esq., Attorney for Applicant Print Name FOR OFFICE USE. ONLY APPLICATION# September 19, 2020 Date 434-951-5728 Daytime phone number of Signatory Fee Amount $ Date Paid By who? Receipt # Ck# • 191: h r'L 0 APPLICATION FOR A SPECIAL EXCEPTION CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER This form must accompany this zoning application if the application is not signed by the owner of the property. I certify that notice of the application for, Wavertree Hall Special Event SUP Special Exception (Name of the application type & if known the assigned application #] was provided to Hilmasco, LLC [Name(s) of the record owners of the parcel] the owner of record of Tax Map and Parcel Number 07000-00-00-03900 by delivering a copy of the application in the manner identified below: MCI Hand delivery of a copy of the application to Date [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] X Mailing a copy of the application to Scott Kelley, Manager [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] on September 21, 2020 to the following address 1100 Kingway Road Date Afton, VA 22920 [Address; written notice mailed to the owner at the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records satisfies this requirement]. Lori H. Schweller, Esq., Attorney for Applicant Print Applicant Name 9/21/2020 Date Wavertree Hall Farm Special Events Special Exception associated with SP 2020-00013 Narrative Applicant: Hilmasco Operations, LLC September 21, 2020 This special exception application is submitted in conjunction with an application for a Special Use Permit for Special Events pursuant to Section 5.1.43 of the Zoning Ordinance. Pursuant to County Zoning Ordinance Section 33-44, the Applicant, Hilmasco Operations, LLC, requests a special exception to Zoning Ordinance Section 5.1.43(e)(1) to permit greater than 150 attendees at certain Special Events: e. Special events operations. In addition to all other applicable requirements of this chapter, special events operations shall be subject to the following: Number of participants. The number of participants at a special event at any one 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. 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 Applicant would like to pursue approval to allow up to 350 guests within a twelve (12) month period for up to four (4) of the 18 permitted events, with the 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. The Applicant has chosen to give up the opportunity to have 24 events per year, reduced to 18 event per year with the anticipation that having fewer events will help to support its request to host one to four larger events. Access to the Property from Plank Road involves adequate sight distance from both directions. Kingsway Road will provide two-way graveled access to the event space, and parking will be in areas not visible to neighboring properties. For events with more than 200 attendees, the Appli- cant will require its clients to provide information on guests' transportation to and from the Prop- erty and will work with hotels to coordinate shuttle buses for the events. The Applicant will work with a traffic engineer to devise a traffic management plan for events with over 200 attendees, including signage and people to direct traffic. Enclosed as Exhibit K to the Special Use Permit Application is 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; Page 1 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. Referring to Figures 213 and 313, the Applicant submits that events hosting 350 guests will have no greater sound impact on neighboring properties than those of 150 guests. Even with 500 guests (which is not being requested) and background music, Figure 613 shows that daytime and nighttime noise ordinance limits would not be exceeded. Based on the size of the Property, the adequacy of access and parking, and the compliance with applicable noise ordinance provisions, the Applicant respectfully requests a Special Excep- tion to allow up to 350 guests for up to four special events per twelve (12) months. Thank you for your consideration of this request. Page 2