HomeMy WebLinkAboutSDP199300019 Request of Modification, Variance, Waiver 1993-06-21 eALpk,
; III -;�
oate®
vIRGIN1P
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875 '. ECEIVED
MEMORANDUM z;!! 1 E"°
TO: Yolanda Hipski, Planner Planning Dept
Anne Collins, Architect
Sandra Greenwood, Boar's Head General Manager
FROM: Amelia G. McCulley, Zoning Administrator WI
DATE: June 21, 1993
RE: Boar's Head New Tent Location (plan date 6-14)
Official Determination
This is to provide comments on the latest plan submittal, as well as to clarify in writing for
the file, determinations made verbally. I appreciate your cooperation in compliance with our
verbal agreements, and understand that these zoning requirements took you by surprise.
Let me begin with a general discussion of the use. The Albemarle County Zoning
Ordinance does not mention tents, such as this. It also does not mention temporary events
related to inns, sports complexes, clubs and the like. It is my opinion that a tent is a
permitted structure, subject to review. It is my further opinion that these events such as
weddings, wine tastings, private parties and the like, are customarily incidental to an inn and
club complex. Therefore, the use is permitted, subject to review.
The use or activity is subject to the site plan ordinance. It is generally a commercial use
which does not fit any of the exemptions of Section 32.2.1. It was not previously approved
by a site plan.
My understanding of the history of the use on this site is as follows: the use began with
another tent on a different site within the complex. It was located closer to Route 250 near
Amvest, and was the subject of complaints from residents. I can find no County approval of
this original tent, the use of which is a violation without a site plan. Originally, the tent was
utilized somewhat infrequently, approximately 8 times a year.
June 21, 1993
Boar's Head New Tent Location (plan date 6-14)
Official Determination
Page 2
In response to concerns,_the tent was relocated. Approximately 1 1/2 years ago, the current
tent was purchased and located in the area of the old tennis courts. I can find no County
approval of this tent relocation. Complaints were received by the Zoning Department from
two or so Ednam residents. In response, the Boar's Head offered to provide advance listings
of events to occur at the tent each year and to make other concessions.
The most recent listing dated March, 1993, shows events totalling 25 taking place between
April and November. This is over a three-fold increase from the original use. What was
originally viewed as an infrequent, temporary use with little off-site implications in terms of
noise, parking and the like, has changed. It is currently a permanent use in what is typically
a temporary structure. Based on comments from the neighbors and from the zoning
regulations, it has sound and parking implications which are site planning issues. The latest
plan reflects changes and other considerations of the neighbor's comments.
It is my opinion that with regard to these site planning issues, the zoning regulations are as
follows:
Sound
Section 5.1.16 of the Supplementary Regulations "Swimming, Golf, Tennis Clubs" applies to
this use. These regulations were written to address outdoor uses often found in proximity to
residential areas. Due to the nature of the structure, the tent would also be subject to those
relating to the generation of noise. The mention of special permit for the serving of food or
the entertainment of guests would not be relevant. This regulation limits the sound to forty
(40) decibels at the nearest residential property line. It may be waived, varied or modified
by the Planning Commission, pursuant to Section 5.1.
Parking
The relevant parking standard is that found within Section 4.12.6.6.1 e "for uses of public
assembly (indoor or outdoor) character: one (1) space per four (4) fixed seats or per
seventy-five (75) square feet of place of assembly whichever shall be greater." There are no
fixed seats; therefore, the area of assembly calculation is relevant. Because not all events are
directly related to the Boar's Head and not all guests of the tent event are otherwise staying
at the inn, an independent parking calculation is necessary. Section 4.12.3.4 b requires that
the spaces shall be located within five hundred (500) feet from the entrance of the use such
space serves. Subsection c allows the commission to increase that distance in a certain case,
after due consideration.
June 21, 1993
Boar's Head New Tent Location (plan date 6-14)
Official Determination
Page 3
What remains is a discussion of the latest revised plan.
Noise
I have read the offers in the submittal letter to me of June 14th. The letter from Ms. Hipski
of June 18th describes information necessary to process the modification request.
Parking
We recommend that your assistance procedures be implemented for guest functions as well,
given the distance and terrain to cross. We further recommend that a temporary parking area
and a turnaround be created for service vehicles and vehicles involved in the functions for
on- and off-loading. What area is provided for handicapped parking? (See Jay Schlothauer
for this regulation.) The plan did not provide complete information for parking review, as
follows:
. What are the areas keyed to?
. How many spaces are beyond the 500 feet from the use?
. Complete the chart to show the basis for the calculations (i.e., how did you determine that
2 spaces were required for the squash/racquetball courts? How many courts are there?
What is the square footage basis for the restaurant calculation? For those previously
determined by the prior plan for the sports club, so note.)
. Complete the chart to show the parking required for this use.
I apologize for the delay in my written determinations on the use and the site plan
requirement. If you have questions, please contact me.
AGM/