HomeMy WebLinkAboutSP201200010 Legacy Document 2013-02-06 (3)xn
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COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: SP201200010 Sieg Special Events
Staff: Christopher P. Perez, Senior Planner
Planning Commission Public Hearing:
Board of Supervisors Public Hearing: TBA
December 11, 2012
Owner /s: Terence Y. Sieg
Applicant: Derek Sieg
Acreage: 10.95 acres
Special Use Permit: 10.2.2.50, which allows for
Special events (reference 5.1.43)
TMP: 06300 -00 -00 -02900
Existing Zoning and By -right use: RA, Rural Areas -
Location: The site is located at 1293 Hammocks
agricultural, forestal, and fishery uses; residential
Gap Road (State Route 612), which is off Route 20
density (0.5 unit /acre in development lots)
(Stony Point Rd).
Magisterial District: Rivanna
Conditions or Proffers: no
DA— RA — X
Requested # of Dwelling Units: n/a
Proposal: Special Events (weddings, rehearsal
Comprehensive Plan Designation: Rural
dinners, and other celebrations) to be located at the
Areas 2
existing family property. Existing residence will be
used, there will be no new permanent structures.
Also request special exception to waive the
requirement of site plan.
Character of Property: A 10.95 acre tract of land
Use of Surrounding Properties: A mix of five (5)
with two existing dwellings.
acre residential lots and large tracts of farm land. The
site is adjacent to an Agricultural Forestal District
(Eastham District); the district touches three out of
four sides of the property.
Factors Favorable:
Factors Unfavorable:
1. The proposal does not involve outdoor amplified
1. Potential safety issues associated with
sound.
increased traffic at the intersection of Rte
2. The nearly 11 acre property provides ample
20 and Rte 612, which lacks adequate sight
visual buffering through existing and proposed
distance to current VDOT standards.
landscape buffers along the Northern and
2. Due to the significance of the potential
Southern property lines.
safety issues related to the Rte 20/612
intersection, staff cannot recommend
approval of this request.
1. RECOMMENDATION: Based on the analysis provided in the staff report, staff recommends denial
of SP201200010; however if the Commission recommends approval of the proposal, staff
recommends conditions provided in the staff report. If the Commission recommends approval staff
also recommends approval of the special exception request to waive all requirements associated with
a site plan pursuant to Section 32.2(b) based on provisions specified in Section 5.1.43(b)1 of the
ordinance.
STAFF PERSON: Christopher P. Perez
PLANNING COMMISSION: December 11, 2012
BOARD OF SUPERVISORS: TBD
SP201200010, Sieg Special Events
Proposal
PROPOSED: Special Events (weddings, rehearsal dinners, and other celebrations) to be located
at the existing family property. Existing residence will be used, there will be no new permanent
structures.
ZONING CATEGORY /GENERAL USAGE: RA, Rural Areas- agricultural, forestal, and fishery
uses; residential density (0.5 unit /acre in development lots)
SECTION: 10.2.2.50, which allows for Special events (reference 5.1.43)
COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas in Rural Area 2 - Preserve and
protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5
unit /acre in development lots)
ENTRANCE CORRIDOR: No
LOCATION: The site is located at 1293 Hammocks Gap Road (State Route 612), which is off
Route 20 (Stony Point Rd).
TAX MAP /PARCEL: 06300 -00 -00 -02900
MAGISTERIAL DISTRICT: Rivanna
COMPREHENSIVE PLAN:
The Comprehensive Plan designates the property as Rural Area in Rural Area 2.
CHARACTER OF THE AREA:
This property is zoned Rural Areas, as are the surrounding properties. The property is a 10.95
acre residential property surrounded by a mix of five (5) acre residential lots and large tracts of
farm land (76 acres to 175 acres). The site is adjacent to an Agricultural Forestal District
(Eastham District); the district touches three out of four sides of the property. The site is also
located in a historic district (Southwest Mountain Historic District) but neither structure on the
property contributes to the area designation.
PROPOSAL:
The applicant requests 24 special events per year with each event hosting a maximum of 150
guests and 30 staff. The existing residence (1293 Hammocks Gap Rd) will be used as indoor
event space; additionally two outdoor tent locations will be available as depicted on the
conceptual plan, there are to be no new permanent structures for the use. Events are planned to
run until l Ipm at the latest. Deliveries to the site are limited between Sam till IOpm. There will
be no outdoor amplified sound, all amplified sound is limited to the indoor event space. Parking
will be provided onsite with 99 spaces on the grass in a field on the lot. Three porta john areas
are proposed for the facility. The applicant intends to provide low wattage solar powered LED
lighting (less than 3,000 lumens) to guide guests from the event space to the parking areas and
Porta- Johns. See Attachment A for the proposed conceptual plan.
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 special events do not directly contribute to
these land uses, but also do not directly negatively impact these land uses. The proposed uses
would occur a maximum of 24 times a year, and no permanent improvements are proposed to the
site to accommodate the events other than an upgraded entrance. In addition, the event would
bring citizens into the Rural Areas on a temporary basis, while there they can experience local
wineries and other food/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)."
PLANNING AND ZONING HISTORY:
Agricultural Forestal District Committee meeting held on July 9, 2012 - the Committee
recommended denial of the Sieg Special Events proposal because they feel it is not conducive to
agriculture due to traffic issues and the development of a commercial use that could impact the
district negatively. The site is adjacent to an Agricultural Forestal District (Eastham District);
the district touches three out of four sides of the property.
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST:
Section 31.6.1 of the Zoning Ordinance below requires that special use permits be reviewed as
follows:
Will the use be of substantial detriment to adjacent property?
The applicant does not propose to have outdoor amplified sound; all amplified sound will
be contained in the indoor event space (1293 Hammocks Gap Rd). Therefore the noise
impacts generated by the events on adjacent dwellings would not be significant.
Parking for the site is located 300 feet or more from the nearest dwelling, the outdoor
event space (tent locations) are located 350 feet or more from the nearest dwelling. The
applicant intends to provide low wattage solar powered LED lighting to guide guests
from the event space to the parking areas and porta johns, this includes primary pathway
lighting. A thorough review of the lighting information provided by the applicant reveals
that the lumen levels of the LED lights are very minimal, around 8 lumens per LED
fixture, which is not a significant amount of light to cause detriment to adjacent
neighbors. The nearly 11 acre property provides ample visual buffering through existing
and proposed landscape buffers of evergreen plantings along the northern property line of
the site. The southern property line of the site also contains existing as well as a proposed
landscape buffer of evergreen plantings to match the existing conditions to aid in
buffering of the site. In considering all of the above factors the visual impacts of the use
on adjacent dwellings would not be significant.
Potential traffic impacts would have the most significant impact on nearby properties.
Access to the site is provided by Hammocks Gap Road (Rte 612), an unpaved/gravel,
state maintained rural road. Approximately 25 residential lots use Hammocks Gap Road
as their primary access. Three (3) of those lots are located between Rte 20 and the
proposed use's entrance, which is the fourth lot served by Hammocks Gap Road. The
remainder of the lots are served beyond the entrance to the site. Increased traffic on
Hammocks Gap Road (Route 612), which is a gravel road, may cause an increase in dust
for nearby homes in the area. A couple properties in the area have voiced concerns about
increased dust caused by the increase in traffic. Currently the onsite entrance (onto Rte
612) lacks the required sight distance to meet VDOT standards for a commercial
entrance; however, working with the applicant and VDOT, staff has developed a
condition of approval which relies on the entrance to the site meeting VDOT standards
prior to the use commencing. While there may be some noticeable traffic impacts from
this use, along the road, those impacts would not be considered a substantial determinant.
The most significant potential traffic impact of the use is related to the existing
intersection of Stony Point Road (Rte 20) and Hammocks Gap Road (Rte 612). This
intersection does not have adequate sight distance to meet VDOT standards (limited sight
distance looking to the right (North) on Rte 20 due to a horizontal and vertical curve).
VDOT, the Police, and the County Engineer have reviewed the intersection with
consideration of the use and each find it to be a potential safety hazard to increase traffic
at this intersection.
Will the character of the zoning district change with this use?
The proposed use will not affect the character of the zoning district surrounding the
property. The proposed activity would use an existing structure on a 10.95 acres lot in the
Rural Area of the County. The proposal maintains the property as a primary residence
and no permanent changes to the property are proposed other than the commercial
entrance to the site required by VDOT and the addition of 99 unpaved grass parking
spaces to be located in a grassy area of the property as depicted on the conceptual plan.
Parking areas and access aisled will be indicated with temporary signage and any damage
to grassy areas will be reseeded following the event, as required by the ordinance. The
extensive landscaping and mature buffers will remain and shall be enhanced with
proposed landscape buffers of evergreen plantings to match existing conditions, as
depicted on the conceptual plan. Three sides of the property are surrounded by large
farms. Staff's opinion is that impacts to these farms from the use shall be minimal. The
character of the use would not change the character of the Rural Areas district, and the
use could be removed without any harm to the land.
Will the use be in harmony with the purpose and intent of the zoning ordinance?
Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural Areas
zoning:
- Preservation of agricultural and forestal lands and activities;
The property is located adjacent to properties that are included in Eastham Agricultural /Forestal
District; the district touches three out of four sides of the property (see Attachment B). Chapter 3
of the County Code, which establishes the regulations for Agricultural /Forestal Districts, states
that the County should consider the presence of a district when making land -use decisions.
* On July 9, 2012, the Agricultural /Forestal Districts Committee recommended denial of
this proposal because they feel it is not conducive to agriculture due to traffic issues and
the development of a commercial use that could impact the district negatively.
- Water supply protection;
The site is not located in a water - supply protection area.
- Limited service delivery to the rural areas;
Due to the limited scope of the proposal and conditions of approval the use is not
expected to create demand for public water or sewer services. The conditions of
approval which limit consumption of resources are: the use of bottled water for drinking
purposes at events, rather than the use of the existing well, and the use of porta johns at
events rather than the existing septic system. These restrictions help prevent the need for
additional water or septic services at the property. Potential traffic mitigation issues at
the intersection of Rte 20 and Rte 612 could increase the need for Police services should
the Commission determine traffic direction management is an appropriate tool to
mitigate the lack of adequate site distance at that intersection.
- Conservation of natural, scenic, and historic resources.
The proposed use is not visible from any road which is designated as an Entrance
Corridor, or Scenic Byway. The site is located in a historic district (Southwest Mountain
Historic District) but neither of the existing structures on the property are considered
contributing structures to the historic district designation.
Will the use be in harmony with the uses permitted by right in the district?
As discussed above, traffic generated by the proposed use could potentially impact by-
right residential uses in the district. However, staff feels that the proposed limitations on
the use would ensure that the use would be compatible with by -right uses in the district.
Will the use be in harmony with additional regulations provided in section 5?
Staff reviewed all aspects of the proposal and has determined that the proposed use would
meet the requirements of section 5.1.43, "Special Events," (see Attachment C for the
complete section). The applicant has requested the Board of Supervisors waive the
requirements of a site plan for this use pursuant to Section 5.1.43(b)l, analysis of this
request is provided later in this report (Special Exception section).
Will the public health, safety and general welfare of the community be protected if the
use is approved?
1. The potential offsite traffic impacts of the use have the potential to create a safety hazard
at the intersection of Stony Point Road (Rte 20) and Hammocks Gap Road (Rte 612) for
patrons leaving the special events and for citizens traveling Rte 20 southbound into town.
As previously stated the existing intersection does not have adequate sight distance to
meet Virginia Department of Transportation (VDOT) standards (limited sight distance
looking to the right (north) on Rte 20 due to a horizontal and vertical curve). Staff at
VDOT provided available crash data from 2008 — 2010 for this intersection which shows
no data to support an existing problem; however VDOT, the Police, and the County
Engineer have reviewed the intersection with consideration of the use and each find it to
be a potential safety hazard to increase traffic at this intersection.
The applicant provided two proposals for mitigation of the safety concerns associated
with vehicles exiting onto Rte 20. If amenable to the County, they are willing to
implement both solutions. The first was the use of "shuttle buses" that would be operated
by private companies that would shuttle /ferry most guests staying at hotels in town. The
applicant states that these buses are operated by professional drivers who are adept in
safely operating the vehicle under any number of challenging conditions. VDOT
disagrees with the assumption that shuttle bus drivers are adept in safety situations where
they are unable to see what is approaching due to the lack of sight distance. Planning staff
also disagrees that this is an acceptable solution as not all guests of special events stay at
hotels in the local area, nor do all guests intend to stay the entire duration of the event to
be shuttled to and from the hotel. Also, these large vehicles (buses) are much slower to
pick up speed and maneuver and therefore may even be more hazardous than cars when
leaving this intersection. The Police Department reviewer stated that "this intersection is
dangerous and difficult to navigate even on the best of days" but that this proposal may
reduce the instance of guests who are unfamiliar with the area attempting to navigate the
County roads and not paying proper attention to the other vehicles.
The second proposal was the use of a "Traffic Direction Management Team" who would
guide traffic exiting onto Rte 20. The applicant proposed a three (3) person team to direct
traffic which would consist of a traffic director assisted by two other directors spaced as
to the North and the South of the intersection giving the primary director the all clear
from a hand held radio device. VDOT stated that the proposal was not an acceptable
traffic control practice and should not be permitted. They also added that there will be a
liability to the people responsible for determining what an acceptable gap is for a driver
exiting the site that may not comply with a certain drivers' ability. VDOT noted that the
acceptable practice is to provide police traffic control at an intersection with the proper
approach signing; however, the location of this intersection will even make police
intersection control difficult and may cause a safety issues.
The Police Department reviewer commented that the Albemarle County Police
Department routinely provides traffic direction services for special events in the County.
This service is provided on a contractual basis and is not guaranteed. Having said this, he
also noted that the Department is willing to train and certify traffic guides for a fee, much
the same as the crossing guards that are used at some of the County Schools. The Police
reviewer also stated that "this intersection is dangerous and difficult to navigate even on
the best of days." He recently had to control this intersection for a security detail and it
took three Police Officers to accomplish it. Each of the reviewers: VDOT, the Police, and
County Engineer recommended that a traffic study needs to be conducted for the
intersection to further assess the issues with the site and potentially aid in the
development of data driven solutions, if any exist. At this time a traffic study has not
been conducted of the intersection.
1. The property's entrance onto Rte 612 lacks the required sight distance to meet VDOT
standards for a commercial entrance; however, working with the applicant and VDOT,
staff has developed a condition of approval which relies on the entrance to the site
meeting VDOT standards prior to the use commencing. Requiring a general approval
rather than a specific method of gaining that approval allows the applicant to use
whatever methods are available to secure sight distance.
SPECIAL EXCEPTION:
The applicant has requested the Board of Supervisors waive the requirements of a site plan for
this use. Pursuant to Section 5.1.43(b)l, based on the conceptual plan and other information
submitted, the Board of Supervisors may waive the requirements for a site plan in a particular
case, upon finding that the requirement for a site plan would not forward the purpose of this
chapter or otherwise serve the public interest. Requests for special exceptions must be reviewed
under the criteria established in Section 31.8 taking into consideration the factors, standards,
criteria and findings for each request; however no specific finding is required in support of a
decision. The provisions for a special exception to waive the requirements of the site plan are
found in Section 32.2 of the ordinance. Staff finds that the level of detail provided in the
conceptual plan, the rural character of the use, and the limited nature of permanent alterations to
the site (solely consisting of upgraded existing entrance to the site) that a site plan would not
further forward the purposes of this chapter. Staff recommends approval of the special exception
for the above reasons.
SUMMARY:
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. The proposal does not involve outdoor amplified sound.
2. The nearly 11 acre property provides ample visual buffering through existing and proposed
landscape buffers along the Northern and Southern property lines.
Factors unfavorable to this request include:
3. Potential safety issues associated with increased traffic at the intersection of Rte 20 and
Rte 612, which lacks adequate sight distance to current VDOT standards.
4. Due to the significance of the potential safety issues related to the Rte 20/612
intersection, staff cannot recommend approval of this request.
RECOMMENDATION:
Staff recommends denial of SP2012 -00010 based upon the analysis provided in the staff report.
If the Planning Commission chooses to recommend approval, staff suggests the following
conditions:
1. Development of the use shall be in general accord with the conceptual plan entitled "Sieg
Property Conceptual Plan" prepared by Collins Engineering, and dated October 12,
2012. To be in general accord with the Concept Plan, development shall reflect the
following major elements within the development essential to the design of the
development, as shown on the concept plan:
structure used for indoor event space
location of the parking areas
location of two (2) tent areas
location of three (3) porta johns
location of proposed and existing landscape buffers
Minor modifications to the plan which do not conflict with the elements above may be
made to ensure compliance with the Zoning Ordinance.
2. The maximum number of events per calendar year shall not exceed twenty -four (24).
3. The maximum number of event guests shall not exceed one hundred fifty (150) persons.
4. Hours of operation for the events shall be no earlier than 8:00 a.m. and no later than
11:00 P.M.
5. If any new outdoor lighting is proposed at 3,000 lumens or more it shall be only full
cut -off fixtures and shielded to reflect light away from all abutting properties. A lighting
plan limiting light levels at all property lines to no greater than 0.3 foot candles shall be
submitted to the Zoning Administrator or her designee for approval.
6. There shall be no outdoor amplified sound permitted for this use.
7. The use shall not commence without approval from the Virginia Department of
Transportation of sight distance for the commercial entrance to the property on
Hammocks Gap Road.
8. No tree removal, grading, or disturbance shall take place within the driplines of the
existing and proposed landscape buffers (other than those necessary to upgrade the
entrance to the site to meet VDOT sight distance standards) as shown on the Concept
Plan prepared by Collins Engineering, and dated October 12, 2012. Any grading or
disturbance within ten (10) feet of any dripline shall necessitate submittal of preservation
and a conservation checklist in accord with section 32.7.9.4(b) 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;
9. Proposed landscape buffer areas shall be planted to the satisfaction of the Planning
Director prior to the use commencing.
Below are additional conditions requested by the Health Department
10. All food must be prepared by a licensed caterer. There is to be no food preparation at any
of the events.
11. The applicant shall provide portable toilets in the ratio of 1 toilet per 100 guests.
12. The applicant shall provide bottled water for drinking purposes. There is to be no water
consumption by the guests from the existing well.
(If) the Commission finds that special event traffic direction management is an appropriate tool
to mitigate the issues associated with the Rte 20/612 intersection raised by VDOT, Engineering,
and the Police Department below is an additional condition of approval:
13. For each special event there shall be approved traffic- management personnel with the proper
approach signage on site at the intersection of Rte 20 and Rte 612 to direct departing traffic.
Approved traffic- management personnel shall be Police Officers or other trained personnel
approved by the Virginia Department of Transportation.
RECOMMENDATION ON SPECIAL EXCEPTIONS:
If the Planning Commission chooses to recommend approval of the Special Use Permit, staff
recommends approval of the requested special exceptions to waive the requirements of the site plan for
this facility.
PLANNING COMMISSION MOTION — Special Use Permit:
A. Should a Planning Commissioner choose to recommend approval of this special use
permit:
Move to recommend approval of SP2012 -00010 Sieg Special Events subject to the
conditions recommended by staff in this report.
B. Should a Planning Commissioner choose to recommend denial of this special use
permit:
Move to recommend denial of SP2012 -00010 Sieg Special Events. Should a
commissioner motion to recommend denial, he or she should state the reasons) for
recommending denial.
PLANNING COMMISSION MOTION — Special Exception:
A. Should a Planning Commissioner choose to recommend approval of the special
exception:
Move to recommend approval of the Special Exception for SP2012 -00010 Sieg
Special Events, as recommended by staff.
B. Should a Planning Commissioner choose to recommend denial of this special
exception:
Move to recommend denial of the Special Exception for SP2012 -00010 Sieg Special
Events. Should a commissioner motion to recommend denial, he or she should state the
reason(s) for recommending denial.
ATTACHMENTS
Attachment A – Conceptual Plan
Attachment B – Vicinity Map /Ag Forestal District
Attachment C – Supplement Regulations for Special Events (Section 5.1.43)