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HomeMy WebLinkAboutSP202000013 Review Comments Special Use Permit 2020-11-0600UNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 229024596 Phone (434) 296-M32 Fax (434) 972-4176 November 6, 2020 Ms. Lori H. Schweller Williams Mullen 321 East Main St, Ste. 400 Charlottesville VA 22902 RE: SP202000013 Wavertree Hall Special Events Dear Ms. Schweller, Thank you for the recent submittal for this special use permit application. Please find review comments for the application included in this letter. Review Comments Planning (Scott Clark) Noise management: o Please revise the noise -contour maps in the sound study to show a larger area. The maps should at a minimum extend to include the dwellings within 1,000 feet of the event building (see attached map) so that staff and the public can see how the contour lines relate to dwelling locations. o Any eventual recommended conditions of approval would include a requirement for a noise management plan to be followed during event operations. This plan would set requirements for sound -system operating times, speaker locations, on -site monitoring and limiting, etc., on the information submitted with the sound study. Note that some revisions to the sound study may be required based on review comments. The noise management plan should be drafted during the SP review, so that it can be reviewed by staff and by the Planning Commission. Typically, staff would recommend that the plan also include notifications of upcoming events to nearby landowners, and maintenance of a direct -contact phone number that neighbors could use to contact the event managers directly during an event if they were experiencing noise or other impacts from the use. o The application narrative states that a house sound system would be used, a recommended in the sound study. (Note that this commitment should be included in the noise management plan.) Please supply additional details on how the event operators will monitor and actively limit noise levels so that the proposed or approved limits are not exceeded. (Similar projects have included proposals for on -site noise meters at the property boundaries, active limiting equipment, and cutoffs for performers who exceed the limits.) o "Distributed music' speakers are shown on the west wall of Stable "K." These are the only speakers facing outward from the activity area directly toward nearby residences with no intervening structures. We would recommend that these speakers be removed from the plan to focus this noise source toward the center of the activity area, and the maps adjusted accordingly. o As noted in the sound study, in assessing impacts on adjacent properties, there is a difference between simply meeting the noise -ordinance requirements and avoiding nuisance noise over the length of an event. The noise -contour mapping appears to assume that noise levels below 30 dBA are sufficient to avoid impacts at nearby dwellings. However, transient spikes in noise levels (bass beats, crowd exclamations, etc.) and the noticeability of lower -level noise over longer periods of time (amplified music and speech, or un-amplified crowd noise) that is audible over ambient noise) will also be of concern to nearby residents. Please explain and quantify how your noise plan will address such concerns. Parking: The "Guest Parking Areas" (a) extend into the stream buffers defined by the Water Protection Ordinance (raising concerns about potential erosion in the buffers) and (b) are located within about 250 feet of the dwelling on parcel 70-56 (raising concerns about noise impacts from late -night departing attendees and their vehicles). Therefore we recommend that these parking areas be moved to another location without buffer impacts and located farther from existing dwellings. Agricultural/Forestal Districts: The property is adjacent to the Batesville and Yellow Mountain Agricultural/Forestal Districts. Section 3-202(D) of the County Code requires that the County " consider the existence of a district and the purposes and policies of this chapter and the Agricultural and Forestal Districts Act (Virginia Code § 15.2-4300 et seq.)" in its land -use planning decisions. Standard County practice to address this requirement for special use permits adjacent to the Districts is to present the proposal to the Agricultural -Forestal Districts Advisory Committee for their advisory comment to the Planning Commission and Board of Supervisors. After a resubmittal addressing this comment letter and the community -meeting input is received, we will schedule this item for review by the Committee. Special exception/larger events: o The proposal states that buses will be used for all attendees after the first 150. Please explain in detail how the access system will be managed to determine who arrives by car and who by bus, and to prevent attendees from deciding independently to arrive by car. Or revise the application to state that the four 350- person events would entirely use bus access. o Bus parking - if buses are to be used for larger events, bus parking becomes a concern. First, as diesel buses are often left running while waiting, bus parking must be provided in a location that minimizes noise impacts on adjacent properties. Second, bus parking should not be on grass or unreinforced soil. Zoning • A separate memo containing Zoning comments will be provided as soon as possible. Historic Preservation/Architectural Review (Margaret Maliszewski) • Is the applicant willing to commit to DHR review/approval of renovation plans for contributing structures? • Is the applicant willing to commit to not demolishing the horse barn? To rehabilitating it? To mothballing it if there is no planned use for it? To document the horse barn as described by DHR prior to commencing the use? • Can more information be provided on the anticipated use of, and changes to, the stables? • What buildings other than the stables and riding ring will be renovated? Can more information be provided on the anticipated changes? • Will physical changes to contributing buildings be reversible, such that the historic fabric and character will remain if/when the special event use is terminated? • Can the applicant provide copies of the photos that were submitted to DHR? • The applicant's narrative states that a homestay may be created within one of the tenant houses and/or in the main house. Can more information be provided on the changes to the buildings that would be needed for this use? • Does the VOF easement allow removal of the horse bam? Is VOF approval of exterior modifications to the riding ring required? Is VOF approval of exterior modification to any other existing buildings required? Virginia Department of Transportation (Willis Bedsaul) • Please see attached memo. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION S,q.he, C Bnd,, P.F. 1401 E.as, Rr..a.l ltrrm IAC4) 78' (,2701 Gmuuinsiontt Rid,m,.nd, Virvinu 21219 Fax: W 4) it16294C October 30, 2020 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Scott Clark Re: SP-2020-00013- Wavemee Hall- Special Use Permit Dear Mr. Clark: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section has reviewed the Wavertree Hall special use permit conceptual plan, dated September 21. 2020. as submitted by Shimp Engineering, P.C., and find it to be generally acceptable. A VDOT Land Use Permit will be required prior to any work within the right-of-way. The owner/developer must contact the VDOT Charlottesville Residency Land Use Section at (434) 422-9399 for information pertaining to this process. If you have further questions, please contact Willis C. Bedsaul at 434-422-9866. Sincerely, Adam J. Moore. P.E. Area Land Use Engineer VDOT - Charlottesville Residency VirziniaDOT.orx WE KEEP VIRGINIA MOVING Action After Receipt of Comments After you have read this letter, please take one of the actions identified in the "Action After Receipt of Comment Letter" memo that is attached. Resubmittal If you choose to resubmit, please use the attached form. Note that, as listed on the form, further resubmittals for these applications will require a fee of $538. Feel free to contact me if you wish to meet or need additional information. I can be reached at sclark@albemarle.org. Sincerely, Scott Clark Senior Planner, Planning Division DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER RECEIPT OF COMMENT LETTER Within 30 days of the date of this letter, please do one of the following: (1) Resubmit in response to review comments (2) Request indefinite deferral (3) Request that your Planning Commission public hearing date be set (4) Withdraw your application (1) Resubmittal in Response to Review Comments If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a resubmittal date as published in the project review schedule. The full resubmittal schedule may be found at www.albemarle.org in the "forms" section at the Community Development page. Be sure to include the resubmittal form on the last page of your comment letter with your submittal. The application fee which you paid covers staff review of the initial submittal and one resubmittal. Each subsequent resubmittal requires an additional fee. (See attached Fee Schedule.) (2) Request Indefinite Deferral If you plan to resubmit after 30 days from the date of the comment letter, you need to request an indefinite deferral. Please provide a written request and state your justification for requesting the deferral. (Indefinite deferral means that you intend to resubmit/request a public hearing be set with the Planning Commission after the 30 day period.) (3) Request Planning Commission Public Hearing Date be Set At this time, you may schedule a public hearing with the Planning Commission. However, we do not advise that you go directly to public hearing if staff has identified issues in need of resolution that can be addressed with a resubmittal. After outstanding issues have been resolved and/or when you are ready to request a public hearing, staff will set your public hearing date for the Planning Commission in accordance with the Planning Commission's published schedule and as mutually agreed by you and the County. The staff report and recommendation will be based on the latest information provided by you with your initial submittal or resubmittal. Please remember that all resubmittals must be made on or before a resubmittal date. By no later than twenty-one (21) days before the Planning Commission's public hearing, a newspaper advertisement fee and an adjoining owner notification fee must be paid. (See attached Fee Schedule.) Your comment letter will contain the actual fees you need to pay. Payment for an additional newspaper advertisement is also required twenty-two (22) days prior to the Board of Supervisors public hearing. Please be advised that, once a public hearing has been advertised, only one deferral prior to the Planning Commission's public hearing will be allowed during the life of the application. The only exception to this rule will be extraordinary circumstances, such as a major change in the project proposal by the applicant or more issues identified by staff that have not previously been brought to the applicant's attention. As always, an applicant may request deferral at the Planning Commission meeting. (4) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. Failure to Respond If we have not received a response from you within 30 days, we will contact you again. At that time, you will be given 10 days to do one of the following: a) request withdrawal of your application, b) request deferral of your application to a specific Planning Commission date as mutually agreed to with staff, or c) request indefinite deferral and state your justification for requesting the deferral. If none of these choices is made within 10 days, staff will schedule your application for a public hearing based on the information provided with your original submittal or the latest submittal staff received on a resubmittal date. Fee Payment Fees paid in cash or by check must be paid at the Community Development Intake Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator. Fees may also be paid by credit card using the secure online payment system, accessed at http://www.albemarle.org/department.asp?department=cdd&relpage=21685. FOR OFFICE USE ONLY SP # or ZMA # Fee Amowd $ Date Paid By who? Receipt# ck7 By: Resubmittal of information for Special Use Permit or Zoning Map Amendment PROJECT NUMBER: PROJECT NAME: ❑ Resubmittal Fee is Required ❑ Per Request ❑ Resubmittal Fee is Not Required Community Development Project Coordinator Signature Date Name of Applicant Phone Number Signature Date FEES Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,075 ❑ First resubmission FREE ❑ Each additional resubmission $538 Resubmittal fees for original Special Use Permit fee of $2,150 ❑ First resubmission FREE ❑ Each additional resubmission $1,075 Resubmittal fees for original Zoning Map Amendment fee of $2,688 ❑ First resubmission FREE ❑ Each additional resubmission $1,344 Resubmittal fees for original Zoning Map Amendment fee of S3,763 ❑ First resubmission FREE ❑ Each additional resubmission $1,881 ❑ Deferral of scheduled public hearing at applicant's request —Add'1 notice fees will be required $194 To be Daid after staff review for Dublic notice: Most applications for Special Use Permits and Zoning Map Amendment require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. 11 AI \ 7 WIN: I Oro 1110 l I[171r1111O1 WK11 aI_\ 112 016VA I_\'711 afl7\V I Al DIOI II_V IF21111A 11A 111011 YV 11 eV/ al KO WA 1 a1C11[K11WON a 11 N Preparing and mailing or delivering up to fifty (50) notices $215 + actual cost of first-class postage Preparing and mailing or delivering each notice after fifty (50) $1.00 for each additional notice + actual cost of first-class postage Legal advertisement (published twice in the newspaper for each public hearing) Actual cost minimum of $280 for total of 4publications)