Loading...
HomeMy WebLinkAboutSP201100012 Staff Report 2011-07-12COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: SP2011 -12 Locally Grown: A Staff: Eryn Brennan, Senior Planner Festival of Organic Proportions Planning Commission Public Hearing: Board of Supervisors Public Hearing: July 12, 2011 TBD Owner: Douglas Gernert and Andrea Larson Applicant: Peter Larson Acreage: 89.23 acres Special Use Permit: 10.2.2.42 Temporary events sponsored by local nonprofit organizations TMP: Tax Map 40 Parcel 26A1 Existing Zoning and By -right use: Location: 5152 Mount Juliet Farm (road), Rural Areas: agricultural, forestal, and fishery approximately one -half mile northwest of junction uses; residential density (0.5 unit /acre) with White Hall Road (810) Magisterial District: Whitehall Conditions: Yes RA (Rural Areas): X Requested # of Dwelling Units: N/A Proposal: Special Use Permit to allow a one -time Comprehensive Plan Designation: music event for a maximum of 700 people Rural Areas — preserve and protect agricultural, between the hours of 1 -9pm in the fall of 2011 forestral, open space, and natural, historic and scenic resources /residential density (0.5 unit /acre) Character of Property: The property is Use of Surrounding Properties: The properties characterized primarily by cleared fields, with only surrounding the parcel are included in the Rural a small forested area in the western portion of the Area Zoning District, and are characterized by parcel. large farms and single - family residential lots. Factors Favorable: Factor Unfavorable: 1. The proposed use would only minimally 1. The use does not directly contribute to the impact the character of the site, given that the goals outlined in the Rural Areas section of event is temporary and no permanent the Comprehensive Plan. structures or improvements would be 2. The use would increase traffic in the area on constructed. the day of the event. 2. There are no anticipated detrimental impacts on adjacent properties resulting from the proposed use. RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions. STAFF PERSON: PLANNING COMMISSION: ERYN BRENNAN JULY 18, 2011 SP 2011 -12 Locally Grown: A Festival of Organic Proportions Petition: PROJECT: SP201 1 0001 2 Locally Grown Festival PROPOSED: Special Use Permit to allow a one -time music event for a maximum of 700 people between the hours of 1 -9pm in the fall of 2011 ZONING CATEGORY /GENERAL USAGE: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit /acre in development lots) SECTION: 10.2.2.42 Temporary events sponsored by local nonprofit organizations COMPREHENSIVE PLAN LAND USE /DENSITY: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit /acre in development lots) LOCATION: 5152 Mount Juliet Farm, approximately one -half mile northwest of junction with White Hall Road (810) TAX MAP /PARCEL: 040000000026A1 MAGISTERIAL DISTRICT: Whitehall Character of the Area: The 89 acre parcel is bisected by a private road leading to the main house. The property consists primarily of cleared fields with a wooded area located in the western corner of the property north of the main house. The properties surrounding the subject parcel are designated Rural Area in the Comprehensive Plan, and are included in the Rural Area Zoning District. These properties are generally characterized by large farms and single - family residential lots (Attachment A). Specifics of the Proposal: The applicant is requesting a special use permit for a temporary event that would allow one music event for a maximum of 700 hundred people in the fall of 2011. The number of tickets printed and sold in advance would not exceed 700 to ensure that the number of people on the site at any given point during the temporary event would be managed. Any unsold tickets would be sold at the gate the day of the event. The hours of operation for the music festival would be during daylight hours only from 1:00 to 9:00 pm. The stage would be constructed in the field north of the road traversing the property, approximately 650 feet west of the nearest residence on Sugar Hollow Road (Attachment B). As the noise may exceed sound levels allowed in the Rural Areas (60 dBA during the day), the applicant has requested a waiver for Section 4.18.04 of the Zoning Ordinance, which is also included with the application. However, condition 12 has been offered to restrict noise levels to no higher than 65 dBA during the event as measured from an adjacent property. A maximum of 15 vendors selling food, wine, and beer would be set up for the event. All festival parking would be on -site, and no off -site parking would be allowed, as stated in condition 6. One parking area has been identified on the concept plan (Attachment B) to accommodate up to 280 cars. The applicant has contracted an event management company to organize trash removal and recycling, and portable bathrooms would be available for festival participants. The Health SP 2011 -12 Locally Grown: A Festival of Organic Proportions PC July 18, 2011 Staff Report Page 2 Department has no issues with the event, but has stated that the applicant would need to obtain a permit at least 14 days prior to the event, ensuring that the vendors are licensed and the number of portable toilets is adequate. The applicant has indicated that an emergency rescue vehicle will be available on site, and the Police Department has stated that the site must comply with the Virginia Statewide Fire Prevention Code and that final approval is subject to a field inspection and verification. Condition 3 has been proposed to ensure Health, Fire, and Police department approvals are obtained before a zoning clearance would be issued. Planning and Zoninq History: This special use permit request is the first planning application for this property since the adoption of the Zoning Ordinance. Conformity with the Comprehensive Plan: The land uses supported by the Rural Areas chapter of the Comprehensive Plan include agriculture, forestry, and conservation. The proposed temporary event does not directly contribute to these land uses, but also does not negatively impact these land uses. The proposed use would occur for only one day and no permanent improvements are proposed to the site to accommodate the event. In addition, the event would highlight local food and beverage vendors, and, therefore, would support principle 3 outlined in the Rural Areas section of the Comprehensive Plan which seeks to "provide support to local agricultural and forestal economies and connect local producers and consumers of rural products (11)." Also, any profits from the music festival would go to support local nonprofit organizations. Staff Comment: Staff will address each provision of Section 31.6 of the Zoning Ordinance as follows: 31.6: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, Staff does not anticipate any significant detrimental impacts to adjacent property. The music area is located in the lowest geographic elevation, but may exceed the 60dBA noise level allowed by -right in the Zoning Ordinance (Attachment C). In anticipation of this issue, the applicant has requested a waiver for this section of the Ordinance, but a condition of approval is proposed to limit noise levels to 65dBA, which previously has been approved for the annual festival held at Misty Mountain Camp Resort in 2010. The nearest residence is located approximately 650 feet away from the stage area and other residences to the west are located approximately one -half mile from the site, and no music would be played after daylight hours. The Virginia Department of Transportation has determined that the proposed use would not have a detrimental impact on traffic in the area because: 1) the special event is proposed only one time, and 2) the entrance has adequate site distance. that the character of the district will not be changed thereby and There would be no site development changes or permanent new construction on the property; therefore, the use would have no long -term impact on the character of the district. The one stage proposed to be assembled outdoors for the event would be temporary and removed the day after the festival. SP 2011 -12 Locally Grown: A Festival of Organic Proportions PC July 18, 2011 Staff Report Page 3 that such use will be in harmony with the purpose and intent of this ordinance, The purpose of the Rural Areas Zoning District is the preservation of agricultural and forestal lands and activities; water supply protection; limited service delivery to the rural areas; and conservation of natural, scenic, and historic resources. The proposed use does not directly promote the purposes of the Rural Areas Zoning District; however, temporary events are allowed by special use permit in the Rural Areas. Given that the requested use would be a temporary event, it is not discordant with the goals and intent of the Rural Areas Zoning and would have no permanent or detrimental impact on the district. The proposed temporary event also would have no adverse impact on the water supply in the area since portable toilets are being used for the event. with uses permitted by right in the district, The subject property and the surrounding adjacent properties are zoned Rural Areas. The uses permitted by right under RA zoning directly support agriculture, forestry, and conservation of rural land. The temporary event would not adversely affect the permitted by right uses in the Rural Area zoning district. with the additional regulations provided in section 5.0 of this ordinance, Section 5.0 of the Zoning Ordinance address zoning compliance and additional regulations associated with the proposed temporary event use. Staff will address each provision of Section 5.1.27 of the Zoning Ordinance as follows: This provision is intended to regulate for purposes of public health, safety and welfare, major events such as agricultural expositions, concerts, craft fairs, and similar activities which generally: attract large numbers of patrons; may be disruptive of the area; and occasion the need for planning in regard to traffic control, emergency vehicular access, health concerns and the like. The provision is not intended to regulate such minor events as church bazaars, yard sales, bake sales, car washes, picnics and the like which generally are not disruptive of the area and require only minimal logistical planning; nor is it intended to permit permanent amusement facilities. Each such event shall be sponsored by one or more not - for - profit organizations operating primarily in the county and /or the city of Charlottesville. The event is being sponsored by three local nonprofit organizations including Kin Pan Alley, the White Hall Ruritans, and the Boys and Girls Club. No event shall extend for a period longer than that provided by the board of supervisors in the conditions of the special use permit. A separate special use permit shall be required for each event. Condition 15 is proposed to limit the timeframe of the special use permit for one temporary event to the fall of 2011. Special use permits may be issued by the board of supervisors pursuant to this section, upon finding: a. That the public roads serving the site are adequate to accommodate the traffic which would be expected to be generated by such event; VDOT has determined that Sugar Hollow Road is adequate to accommodate the SP 2011 -12 Locally Grown: A Festival of Organic Proportions PC July 18, 2011 Staff Report Page 4 traffic the event is expected to generate. b. That the character of such use will be in harmony with the public health, safety and welfare, and uses permitted by right in the district and will not be of substantial detriment to adjacent property in terms of smoke, dust, noise, hours of operation, artificial lighting or other specific identifiable conditions which may be deleterious to the existing uses of such property. The use would not adversely affect the permitted by right uses in the Rural Area zoning district and would not constitute a substantial detriment to adjacent properties given the temporary nature of the event. The hours of operation are limited to the daytime; therefore, no noise or artificial lighting would be generated from the use after dark. Except as the board of supervisors may expressly add or delete conditions in a particular case, each such permit shall be subject to the following conditions: a. A preliminary plan showing access, parking, vehicular and pedestrian circulation, and method of separation of the same shall be approved by the director of planning; A preliminary plan meeting ordinance requirements has been provided. b. Such organization shall have made adequate arrangements with the county sheriff, fire and rescue squads, and the local office of the Virginia Department of Health for the conduct of such event; Written approval from the Police Department, Health Department, and Fire and Rescue has been made a condition of approval (condition 3). c. Adequate arrangements have been made for the removal of trash and debris, reseeding and general restoration of the site following the event. The board of supervisors may establish and require the posting of a bond in an amount deemed by the zoning administrator to be sufficient for such purpose. (Added 7 -7 -82) The applicant has contracted with an event management company to address trash removal and this requirement also has been made a condition of approval (condition 3). and with the public health, safety and general welfare. The public health, safety, and general welfare of the community are protected through the special use permit process which assures that the proposed uses are appropriate in the location requested. The Building Official has stated that a building permit would be required for the stage. The Health Department has no objection to the proposed special use permit application, but has stated that the applicant would need to obtain a permit prior to the event to ensure that the food vendors are licensed and the number of portable toilets is adequate and this has been made a condition of approval. Approval by the Police Department and Fire and Rescue has also been made a condition of approval (condition 3). The Virginia Department of Transportation has no objection to the proposed special use permit. SP 2011 -12 Locally Grown: A Festival of Organic Proportions PC July 18, 2011 Staff Report Page 5 However, the proposed use would generate an additional 280 vehicles on the day of the event on Sugar Hollow Road; therefore, it would have some impact on traffic in the area. SUMMARY: Staff has identified the following factors favorable to this application: 1. The proposed use would only minimally impact the character of the site, given that the event is temporary and no permanent structures or improvements would be constructed. 2. There are no anticipated detrimental impacts on adjacent property resulting from the proposed use. Staff has identified the following factors unfavorable to this application: 1. The use does not directly contribute to the goals outlined in the Rural Areas section of the Comprehensive Plan. 2. The use would increase traffic in the area on the day of the event. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 201100012 Locally Grown: A Festival of Organic Proportions, subject to the following conditions of approval. 1. Development of the use shall be in general accord with the Concept Plan entitled Locally Grown: A Festival of Organic Proportions for SP2011 -12, prepared by Albemarle County Office of Geographic Data Services, and signed by Peter Larson and dated April 18, 2011, (hereinafter, the "Conceptual Plan "), as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the plan, development shall reflect the following central features essential to the design of the development: • location of the temporary parking area • location of temporary stage Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. A maximum of fifteen (15) vendors shall be allowed to operate during the temporary event. 3. Written approval from the Police Department, Fire and Rescue, and the Health Department shall be required prior to the issuance of a zoning clearance to allow the temporary event use. 4. No tree removal, grading, or disturbance shall take place within the driplines of the trees as shown on the Conceptual Plan. Any grading or disturbance within ten (10) feet of any dripline shall necessitate submittal of a "Tree Protection Plan" SP 2011 -12 Locally Grown: A Festival of Organic Proportions PC July 18, 2011 Staff Report Page 6 in accord with section 32.7.9.4 of the Zoning Ordinance. No grading or disturbance within ten (10) feet of any dripline shall be permitted until a) a survey and fencing have been completed and b) the Planning Director approves a plan which shows the grading or disturbance and the surveyed dripline of the existing trees. 5. The hours of operation for the music shall not begin earlier than 1:00 PM and shall end not later than sunset. 6. Off -site parking shall not be permitted. 7. The maximum number of people allowed on the site for the temporary event shall not exceed 700 persons. 8. A maximum of 280 vehicles shall be allowed to be parked on site on the day of the temporary event. 9. A minimum of 20 private security, parking, and traffic control staff members shall be required on site on the day of the temporary event. 10. Overnight camping shall be prohibited. 11. Artificial lighting shall not be permitted, provided that flashlights may be used while the site is restored and cleared as provided in Condition 14. 12. The maximum level of noise shall not exceed 65 dBA as measured from an adjacent property line. 13. The applicant shall reseed and restore the parking area as required by the zoning administrator within 30 days of the temporary event. 14. The site shall be restored and cleared of all trash, debris, and structures associated with the event within three days after the temporary event. 15. Special use permit 2011 -12 shall be valid for a temporary event to be held in the fall of 2011. Based on the findings contained in this staff report and the noise restriction proposed in condition 12, staff also recommends approval of the waiver request for Section 4.18.04 of the Zoning Ordinance. ATTACHMENTS Attachment A — Character of the Property Attachment B — Concept Plan Attachment C — Images of the Site SP 2011 -12 Locally Grown: A Festival of Organic Proportions PC July 18, 2011 Staff Report Page 7 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 27, 2011 M N ti Oo n E v E E a5$ gMS� t s Y ° w U ° a, � { k I'D f�kr ± Tp 7 ' ca rn t � V 4 r, t tP '. C �x N j , s �4 a. o ik Ln lot Aw I v y m►� +'� J 0 a' 0 Top left: The location of the stage, audience, and vendors. Bottom left: The view west of the stage area. Above: One of the two gates between the parking area and stage area.