HomeMy WebLinkAboutSP201200010 Review Comments Special Use Permit 2012-06-01COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4176
June 1, 2012
Ashley Cooper.
304 7tn Street SW
Charlottesville, VA 22903
RE: SP201200010 Sieg Special Events
lst Review Comment Letter on special use permit submittal received April 16, 2012.
Ms. Cooper:
Staff has reviewed your initial submittal for a Special Use Permit for Special Events (weddings, rehersal
dinners, and other celebrations) on a rural private property. Review comments are provided below:
Planning (Christopher P. Perez)
1) [Chapter 18 Section 32.4.1 (a) and 5.1.43a] Boundary Lines of the subjectproperty. After reviewing the
recorded plat for the property it appears that the boundary lines as depicted on the concept plan are not
accurate and should be revised to match the recorded plat for the property. The accuracy of this information
is crucial for the review of the proposal.
2) [Chapter 18 Section 5.1.43 (d)(5)] Streets and Access. The sight distance concerns at the entrance of the
property on Rte 612, which were commented on by VDOT (see below), need to be addressed. In addition, I
have also requested VDOT review the intersection of Rte 612 and Rte 20 to assure that the traffic generated
by the event will not cause unsafe conditions. Their assessment of this intersection is pending and may prove
to be crucial to the review of the proposal. Once they provide these comments I will forward them to you.
3) [Chapter 18 Section 32.4.1 (d)] Setback lines. Revise the concept plan to include the setback lines for
uses in the Rural Area zoning. Assure the minimum yard requirements listed in Section 5.1.43d(2) are met:
Front 75', Side yard 25' Rear 35'. Please depict this on the plan as this information will be used to
determine if parking, tents and portable toilets meet the minimum setbacks.
4) [Chapter 18 Section 32.4.1 (b)] Topography. While topographic lines are provided on the concept plan,
the topographic contour values are not provided. Please revise the concept plan to provide the contour
values. This information shall be used to determine screening requirements for the site.
5) [Chapter 18 Section 5.1.43 (d)(3)] Parking. The parking area shall be screened from abutting parcels by
topography, structures or new or existing landscaping. How will the proposed main parking area be screened
from the adjacent properties (TMP 63 -29A2 and TNT 63- 29A1)? Notably the neighboring dwellings and
the proposed parking for the site seem to be at roughly the same elevation levels. Also, the existing
vegetative screening depicted on the concept plan does not appear to be on the applicant's property, thus this
vegetation cannot be used towards the screening requirements of the site.
Page 1 of 4
6) [Chapter 18 Section 5.1.43 (d)(3)] Parking. Please field verify that the parking as proposed on the plan
will fit the site. After a recent site visit it appears that the existing area shown on the plan for 10 spaces
closest to the home cannot truly accommodate this amount of spaces, rather it appears 6 are possible based
on the dimensions in this location. Please verify.
7) [Chapter 18 Section 5.1.43 (d)(3) &(4)]Parking and Water /Sewer. To elaborate on the Health
Department's 4a' comment, it appears the parking area (9 spaces) directly below house # 1291 (former
barn) may potentially be over the existing drain field. On the plan show the approximate location of
the septic field and if these spaces are impacting the drainfield then relocate the 9 spaces to another
portion of the property so they do not impact the existing septic system.
8) [Chapter 18 Section 5.1.43 (d)(3)] Parking. The main parking, area for the site is shown in a location
where trees are currently located. Trees which are planned to be removed must be depicted on the plan as
such. Please note the trees to be removed on the plan.
9) [Chapter 18 Section 5.1.43 (b) and (d)(5)] Safe and Convenient Access to and from Street. How will the
site route vehicles through the entire driveway to the designated main parking area and assure vehicles do
not bypass/ create a shortcut to enter and exit the main parking area?
10) Events are planned to run until l 1pm: what lighting (type, placement, brightness, etc.) is planned for the
site? Please provide this information on the plan.
11) Do you plan to have amplified sound outdoors for the special events? If so, it is doubtful based on the
site's proximity to adjacent properties and the time frame of the events that this proposal will meet the
requirements of the noise ordinance. Please demonstrate how the site will meet the noise ordinance
requirements of Chapter 18 Section 4.14.1 and 4.18.
Per Section 4.18 of the Zoning Ordinance "daytime" is defined as a period of a day beginning at 7:00a.m.
and ending at 10:00p.m. Maximum sound levels for a daytime in the Rural Areas Zoning district is 60 dBA
as measured no closer to the sound source than the property lines of the adjoining property lines.
A modification or waiver to this requirement may be requested under Section 4.18.07.
12) [Chapter 18 Section 32.4.1 (e)] Zoning. Revise the concept plan to include the zoning of the property
and the zoning of abutting properties.
13) [Chapter 18 Section 32.4.1 (f)] Notes. Revise the concept plan to include notation that the property is
not within a public water supply watershed and that it is adjacent/abutting an agricultural forestal district:
Eastham Agricultural Forestal District. Being that this property is adjacent /abutting an agricultural forestal
district (AFD), the Agricultural Forestal District Committee will discuss the proposal and provide comments
on conformity with the AFD, these comments will be provided to the Planning Commission and Board of
Supervisors as part of the staff report.
Initial comments on how your proposal generally relates to the Comprehensive Plan are provided
below. Comments on conformity with the Comprehensive. Plan are provided to the Planning Commission
and Board of Supervisors as part of the staff report.
The Comprehensive Plan has designated this property as Rural Areas which are set to preserve and protect
agricultural, forestal, open space, and natural historic and scenic resources.
At this point in the review due to limited information staff is unable to provide a recommendation as to
whether the special events use on this private property is in conformance with the comprehensive plan. Once
the concerns mentioned in this letter are adequately addressed staff will be better able to determine if we can
Page 2 of 4
6 -01 -12
recommend approval of this project.
Below are additional comments which have been provided from the other Departments which
reviewed the proposal. Please address all the comments mentioned in this letter prior to resubmittal.
Additional comments from VDOT which were mentioned above are forthcoming as are comments
from the Police Department, once provided staff will forward these comments to the applicant.
Zoning (Francis McCall)
Please consider the following comments:
1. Revise the conceptual plan to more accurately represent the property lines, as per the recorded plat,
in relation to the existing improvements. (Driveway, house etc...) (See recorded plat)
2. The number of parking spaces appears to be adequate.
3. Consider screening along the property line shared with TMP 63 -29A2. It may be needed to screen
the parking area from this property.
4. Consider adding a note to the plan that the grass parking areas shall be reseeded yearly or as
determined by the Zoning Administrator.
5. I would recommend that it be recommended that they ask the BOS to waive the requirement of a site
plan.
6. It is recommended that a condition be provided that the site be used for special events in general
accord with the conceptual plan drawn by Collins Engineering dated ... and revised ...
Engineering (Glenn Brooks, County Engineer)
1. A traffic study is recommended.
Virginia Department of Transportation (Joel DeNunzio)
1. The existing residential private entrance for this site on Route 612 does not have adequate sight
distance for a commercial entrance. Clearing, side slope grading and possible road grading with sight
line easements may be needed to obtain adequate sight distance.
Fire/Rescue fRobbie Gilmer)
The public safety plan as provided on 5 -22 -12 is adequate. No additional comments.
Virginia Department of Health (Josh Kirtlev)
1. All food must be prepared by a licensed caterer. There is to be no food preparation at any of the
events.
2. The applicant will provide portable privies in the ratio of 1 privy per 100 guests. It is
recommended that the applicant not provide access to an existing restroom.
3. The applicant will provide bottled water for drinking purposes. There is to be no water
consumption by the guests from an existing well.
4. The applicant will assure that parking does not encroach upon any existing drainfield or septic
appurtenance.
Polic Department
Comments are forthcoming and will be forwarded to applicant once received.
End of Comments
Page 3 of 4
6 -01 -12
After you have read this letter, please take one of the actions identified on "Action After Receipt of
Comment Letter" which is attached. Be advised that staff does not believe that this application is
ready to move forward without a resubmittal before it is heard at the Planning Commission public
hearing. However, if you choose to move forward at this time you must notify staff in writing that you want
to move forward AND pay the notification and advertisement fees outlined below:
Notification and Advertisement Fees
The Zoning Ordinance requires applicants pay for the notification costs for public hearings:
$202.40 Cost for newspaper advertisement
$202.82 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner after 50
adjoining owners)
$405.22 Total amount due prior to Planning Commission public hearing
Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the Board
hearing needed.
$202.40 Additional amount due prior to Board of Supervisors public hearing
$607.62 Total amount for all notifications Fees may be paid in advance. Payment for both the Planning.
Commission and Board of Supervisors public hearings may be paid at the same time.
Additional notification fees will not be required unless a deferral takes place and adjoining owners need to
be notified of a new date.
Feel free to contact me if you wish to meet or need additional information at 434.296.5832 ext 3443. My
email address is cperezQalbemarle.org.
Sincerely,
Christopher P. Perez
Senior Planner
Planning Division
enc: Action After Receipt of Comments
Page 4 of 4
6 -01 -12
DEPARTMENT OF COMMUNITY DEVELOPMENT
4 oT AL
b
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
requestingthe 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 hay 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
Page 1 of 6 Revised 4 -23 -11 eke
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. These dates are provided on the attached Legal Ad
Payments for Public Hearings form.
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 anytime 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 may be paid in cash.or by check and 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,
Page 2 of 6 Revised 4 -25 -11 eke
FEE SCHEDULE FOR ZONING APPLICATIONS
A. For a special use permit:
1. Additional lots under section 10.5.2.1; application and first resubmission
Fee.......................................................................... ............................... ......................$1,000.00
Eachadditional resubmittal ............................. 5 ................................................................ $500.00
2. Public utilities; application and first resubmission
Fee...................................................... ........................ ............................... ......................$1,000:00
Eachadditional resubmittal ....................................... ............................... .............:..........$500.00
3. -Day care center, application and first resubmission
Fee....:.:..................................................................... ............................... ......................$1,000.00
Eachadditional resubmittal ....................................... ............................... ........................$500.00
4. Home occupation Class B; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Eachadditional resubmittal ..................................:.... ............................... ........................$500.00
5. S. Amend existing special use permit; application and first resubmission
Fee............................................................................ ..........I...........I........ ......................$1,000.00
Eachadditional resubmittal ....................................... ..........I.................... ........................$500.00
6. Extend existing special use permit; application and first resubmission
Fee............................................................................ ............................... ......................$1,000.00
Eachadditional resubmittal ....................................... ............................... ........................$500.00
7. All other special use permits; application and first resubmission.
Fee............................................................................ ............................... ......................$2,000.00
Eachadditional resubmittal ........................................................... ............................... $1,000.00
8. Deferral of scheduled public hearing at applicant's request
Fee........ ................................................................. ............................... ........................$180.00
B. or amendment to text of zoning ordinance:
Fe................................................................................... ............................... .......................$1000.00
C. Ame dment to the zoning map:
1. Les 50
than acres; application and first resubmission
Fee.......................................................................... ............................... ......................$2,500.00
2. Less than acres; each additional resubmission
Fee..............................................:............................ ............................... .....................$.1,250.00
3. 50 acres or great • application and first resubmission
Fee................................................................:......... ............................... ......................$3,500.00
4. 50 acres or greater; eac dditional resubmission
Fee................................... ............................... ; ..... ............................... ......................$1,750.00
5. Deferral of scheduled public aring at applicant's request
Fee... ............................... ....... .................................
D. Board of Zoning Appeals:
1. Request for a variance or sign special se permit
Fee... ............................... ............... .............. ............................... ........................$500.00
2. For other appeals to the board of zoning appeals (including appeals of zoning administrator's decision) —
Fee (to be refunded if the decision of the z\,ny ministrator is overturned) .......$240.00
N. Required notice:
1. Preparing and mailing or delivering up to fifotices:
Fee................................................. ................. ....................... ........................$200.00 plus the
actual cost of first class postage
2. Preparing and mailing or delivering, per notithan f. (50) Fee ........................................... ....................................... ......... .........................$1.00. plus the
actual cost of first class postage
3. Published notice:
Fee.................................................................................. ......... ..................Actual cost
Page 3 of 6 Revised 4 -25-11 eke
2012 Submittal and Review Schedule'
Special Use-Permits-and Zonirig Map Amendments
Resubmittai Schedule
Written Comments and Earliest Planning
Commission Public Hearing*
Resubmittal Dates
Comments to
applicant for decision
on whether to
proceed to Public
Hearing *
Legal Ad Deadline
and Decision for
Public Hearing **
Planning
Commission Public
Hearing
No sooner than *,
Monday
Wednesday
Monday
Tuesday
Dec 19 2011
Jan 18
Feb 6
Feb 28
Tue Jan 3
Feb 1
Feb 13
Mar 6
Tue Jan 97
Feb 15
Feb 27
Mar 20
Feb 6
Mar 7
Mar 12
Apr 3
Tue Feb 29.
Mar 21
Apr 2
Apr 24
Mar 5
Apr 4
Apr 16
May 8
Mar 19
Apr 18
Apr 30
May 22
Apr 2
May 2
Ma 14
Jun 5
Apr 16
May 16
May 28
Jun 19
May 7
Jun 6
Jun 25
JuI 17
May 21
Jun 20
Jul 9
Jul 31
Jun 4
Thu Jul 5
Jul 16
Aug 7
Jun 18
Jul 18
Jul 30
Aug 21
Jul 2
Aug 1
Aug 20
Sep 11
Jul 16
Aug 15
Tue Sep 4
Sep 25
Aug 6
Sep 5
Sep 17
Oct 9
Aug 20
Sep 19
Oct 1
Oct 23
Tue Sep 4
Oct 3
Oct 15
Nov 6
Sep 17
Oct 17
Oct 22
Nov 13
Oct 1
Oct-31
Nov 12
Dec 4
Oct 15
Nov 14
Nov 26
Dec 18
Nov 5
Dec 5
Dec 17
Jan 8 2013 .
Nov 19
Dec 19
Jan 7 2013
Jan 29 2013
Dec 3
Jan 2 2013
Jan 14 2013
Feb 5 2013
Dec 17
Jan 16 2013
Feb 4 2013
Feb 26 2013
Dates shown in italics are changes due to a County holiday
* The reviewing planner will contact applicant to discuss comments of reviewers and advise that
changes that are needed are significant enough to warrant an additional submittal or advise that the
the project is ready for a public hearing. if changes needed are minor, the planner will advise that
the project go to public hearing.
* *The leg?l ad deadline is the last date at which an applicant can decide whether to resr rbmit
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FOR OFFIC USE ONLY SP # or ZMA #
Fee Amount $ 7 Date Paid By who? Receipt # Ck# By:
Resubmittal of information for Special Use Permit or
6
Zoning Map Amendment
PROJECT NUMBER: 5 )10�0) a—o 00!o PROJECT NAME: r
❑ Resubmittal Fee is Required ❑ Per Request
0 � a, " -�o Ic-- P Pe-"0--r
ommunity Development Project Coordinator
e Date
Name of
Signature
FEES
Ja Resubmittal Fee is Not Required
LnDlicant Phone Number
Date
Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,000
❑ First resubmission
FREE
❑ Each additional resubmission
$500
Actual cost
(minimum of $280 for total of 4 publications)
Resubmittal fees for original Special Use Permit fee of $2,000
ZZ First resubmission
FRE
❑ Each additional resubmission
$1,000
p ,,44 ..
'`i� 4+E""'t'` rcp ^`R �y�-� iA.in £' }rx P �� ��� �h�`. 11 rmme4 —,ev._ . „_w t^ Tb. ...es'?., ,i ^- n -v «'�. .23a_ ..�.a '. iu aua. hi. _ s�....%�; -.fin., m.. _i: _ m r- ,..- r--,rr ,n sm... .c_ y :�. .w. ..
Resubmittal fees for original Zoning Map Amendment fee of $2,500
❑ First resubmission
FREE
❑ Each additional resubmission
$1,250
2,?�.. �:. ��s���...
Resubmittal fees for original Zoning Map Amendment fee of $3,500
• First resubmission
FREE
• Each additional resubmission
$1,750
r3 >%
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❑ Deferral of scheduled public hearing at applicant's request — Add'1 notice fees will be required
$180
To be Daid after staff review for public 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.
MAKE CHRCKS TO COUNTY OF ALBEMARLE/PAYMENT AT COMMUNITY DEVELOPMENT COUNTER
Preparing and mailing or delivering up to fifty (50) notices
$200 + 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 4 publications)
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126
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