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HomeMy WebLinkAboutSP200900016 Legacy Document 2009-08-12COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: SP2009 -16 Music Festival Staff: Eryn Brennan, Senior Planner Planning Commission Public Hearing: Board of Supervisors Public Hearing: August 18, 2009 Se tember 9, 2009 Owner: 1906, LLC Applicant: Mike Leo Acreage: 47.11 acres Special Use Permit: 10.2.2.50 Special events TMP: Tax Map 71 Parcel 3 Existing Zoning and By -right use: Location: 56 Misty Mountain Road, Rural Areas: agricultural, forestal, and fishery approximately three - quarters of a mile west of I- uses, residential density (0.5 unit/acre); Entrance 64E junction Corridor Overlay District Magisterial District: Samuel Miller Conditions: Yes RA (Rural Areas): X Requested # of Dwelling Units: NIA Proposal: Special Use Permit to allow a special Comprehensive Plan Designation: event at the Misty Mountain Camp Resort Rural Areas — preserve and protect agricultural, forestral, open space, and natural, historic and scenic resources /residential density (0.5 unit/acre) Character of Property: The camping area for Use of Surrounding Properties: The properties the Misty Mountain Camp Resort is located in the surrounding the parcel are included in the Rural northeast portion of the parcel closest to Rockfish Area Zoning District, and are characterized by Gap Turnpike. The recreation center and store, large farms and single - family residential lots. and the main house, are located in the northwest portion of the parcel. An open field lies south of the recreation center, and the entire southern portion of the property is densely wooded. Factors Favorable: Factor Unfavorable: 1. The proposed use would minimally impact the 1. The use does not directly contribute to the character of the site, given that the festival is a goals outlined in the Rural Areas section of temporary special event and not permanent. the Comprehensive Plan. 2. There are no anticipated detrimental impacts 2. The use would increase traffic in the area on adjacent properties resulting from the during the three days of the festival. proposed use. RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions. SP 2009 -16 Music Festival PC August 18, 2009 Staff Report Page 1 STAFF PERSON: PLANNING COMMISSION: SP 200916 Music Festival ERYN S. BRENNAN AUGUST 18, 2009 Petition: PROJECT: SP200900016 Music Festival PROPOSED: Special Use Permit to allow a special event at the Misty Mountain Camp Resort ZONING CATEGORY /GENERAL USAGE: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) SECTION: 10.2220 Day camp, boarding camp; 10.2.2.50 Special events COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre in development lots) ENTRANCE CORRIDOR: Yes LOCATION: 56 Misty Mountain Road, approx. three - quarters of a mile west of I -64E junction TAX MAP /PARCEL: 07100000000300 MAGISTERIAL DISTRICT: Samuel Miller Character of the Area: The 47 acre parcel where Misty Mountain Camp Resort is located is bifurcated by Misty Mountain Road. The camping area is located in the northeast portion of the parcel closest to Rockfish Gap Turnpike (see Attachment A). The Community Building and bathhouse, are located in the northwest portion of the parcel, also along Rockfish Gap Turnpike. A large, open field is located south of the Community Building and bathhouse. Stockton Creek passes through the property approximately 70' south of the field. The entire parcel south of the Creek is densely wooded, and large swaths of critical slopes exist adjacent and perpendicular to the Creek in this area. The properties surrounding the campground 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. Several parcels north of Rockfish Gap Turnpike are under conservation easement, and the parcel directly northwest of Misty Mountain Camp Resort is located in the Yellow Mountain Agricultural /Forestal District. Specifics of the Proposal: The applicant is requesting a special use permit for a special event that would allow one three - day music festival per year. The festival has already been scheduled to be held this year from October 2 — 4. The music festival would have no more than 500 people in attendance per day and tickets would be sold in advance, in order to ensure that the number of people on the site at any given point for the special event would be managed. Any unsold tickets would be sold at the gate the day of the event. As the 500 person request exceeds the number of participants allowed by special use permit for a special event in the Rural Areas, the applicant has requested a waiver for Section 5.1.43 -(e.5) of the Zoning Ordinance, which has been included with the application. The hours of operation for the music festival would be from noon to 10:00 pm. The primary stage would consist of a semi -truck that converts into a stage, and it would be located in the open field south of the proposed parking area behind the structure labeled #50 on the concept plan (Attachment B). A building permit would not be required for the temporary stage. A second stage would be located in the Community Building labeled #56 on the concept plan. As the noise would exceed sound levels allowed in the Rural Areas (60 dBA during the day and 55 SP 2009 -16 Music Festival PC August 18, 2009 Staff Report Page 2 dBA during the night), the applicant has requested a waiver for Section 4.18.04 of the Zoning Ordinance, which is also included with the application. A condition has been offered to restrict noise levels to no higher than 65 dBA during the event as measured from an adjacent property (Condition 14). Fifteen vendors selling food, wine, beer, and souvenirs would set up the first day of the event and would be dismantled and removed from the property the Monday following the festival. All festival parking would be on -site, and no off -site parking would be allowed. A condition has been offered to restrict parking to on -site (Condition 8) in order to avoid unsafe traffic conditions on Route 250. Three separate parking areas have been identified on the concept plan (Attachment B), as well as a handicapped parking area. The available space on the site can accommodate up to 224 cars, which equals a maximum of 560 participants according to the calculation of 2.5 participants per one car, as determined in Section 4.12.6 of the Zoning Ordinance. The applicant has contracted for trash removal and recycling, and a total of 10 portable bathrooms would be available for festival participants. The campground bathroom facilities would be closed to the general public and keys would be given to those staying in the campground to access those facilities. The Health 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. Staff held a meeting with the police department and fire and rescue to discuss safety issues related to the music festival. As in the past, the police would be notified of the event and encouraged to drive through the park during the event. The applicant would have 12 private security staff members on site to assist with parking and regulate the gates and entrance. An additional 10 private security staff provided by the festival organization would be stationed in the festival area. Camping outside the designated camping areas would not be allowed, and this rule would be enforced through signage in the parking areas and private security personnel monitoring the venue. Emergency exits for Fire and Rescue have been identified on the concept plan, and the Fire and Rescue Division has issued a fire inspection report approving the proposed layout of the emergency ingress and egress (Attachment C). Staff has offered a condition to limit the validity of the special use permit to allow a trial period consisting of two events (one in 2009 and one in 2010) in order to monitor impacts of the music festival, and to ensure that no unforeseen impacts arise that would jeopardize the health, safety, and welfare of the general public (Condition 17). The time limit for the special use permit would also allow the opportunity for Albemarle County to recommend additional conditions, if the applicant should chose to extend the special use permit, should unforeseen issues regarding the music festival arise during the trial period. Planning and Zoning History: • In 1969, Conditional Use Permit 116 was approved by the Board of Supervisors to allow a campground on the site (see Attachment D). • In 1982, SP -82 -61 was approved to expand the number of camping sites allowed on the parcel to 112 (see Attachment E). • In 1994, SP -94 -30 was approved to construct ten tourist cabins (see Attachment F). Conformity with the Comprehensive Plan: The land uses supported by the Rural Areas chapter of the Comprehensive Plan include agriculture, forestry, and conservation. The SP 2009 -16 Music Festival PC August 18, 2009 Staff Report Page 3 proposed special event does not directly contribute to these land uses, but also does not negatively impact these land uses. The proposal is temporary in nature and will occur over a very limited timeframe. The activity would occur on an existing developed site (campground) and there are no permanent improvements proposed to the site to accommodate the event. The agricultural activities and properties under conservation easement located nearby and the adjacent Agricuitural /Forestal District would not be significantly impacted by the activity as proposed and with the conditions recommended by staff. In summary, the scale and duration of this proposal is such that it is not detrimental to the important elements that define Rural Area (agricultural /forestal resources; land preservation /conservation; water supply resource; natural /scenic /historic /cultural resources). There are no provisions in the Comprehensive Plan regarding areas of assembly or number of people assembling in the Rural Area. 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 detrimental impacts to adjacent property. The music area is completely buffered by a dense forest to the south. The nearest residences are located north and east of the music area, the closest of which is 700 feet away and the farthest of which is 1200 feet away (see Attachment G). Other residences to the west are located approximately one -half mile from the site. 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 once per year, and 2) since the existing traffic on Route 250 in this location is only approximately 8000 vehicles per day, the addition of up to 224 more vehicles arriving and leaving on the days of the operation would constitute only a 3% increase in the number of cars on the road per day. that the character of the district will not be changed thereby and There will 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 following the music festival. The ARB staff has also determined that since no permanent structures are associated with the proposed use, there would be no permanent impacts to the Entrance Corridor. 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, special 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 special event also would have no adverse impact on the water supply in the area since portable toilets are being used for the event. SP 2009 -16 Music Festival PC August 18, 2009 Staff Report Page 4 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 special 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, The additional regulations provided in section 5.0 of the Zoning Ordinance address zoning compliance and special event structures and operations. Staff will address each provision of Section 5.1.43 of the Zoning Ordinance as follows: Each special event authorized by section 10.2.2(50) shall be subject to the following: a. Eligibility and applicability. Special events may be authorized on those parcels in the Rural Areas (RA) zoning district on which there is an existing and ongoing by -right (section 10.2.1) primary use. A special event special use permit issued under section 10.2.2(50) and this section shall not be required for special events associated with farm wineries or historical centers, or for events determined by the zoning administrator to be accessory to a primary use of the parcel. The proposed special event does require a special use permit, as determined by the zoning administrator. b. Information to be submitted with application for special use permit. In addition to any information otherwise required to be submitted for a special use permit, each application for a special use permit shall include the following: 1. Concept plan. A preliminary schematic plan (the "concept plan ") satisfying section 32.6. The concept plan shall identify the structure(s) to be used for the special event, include the area of the structure(s) in which the proposed special events will be conducted, the parking area, and the entrance to the site from the street. The concept plan shall address, in particular, provisions for safe and convenient access to and from the street, the location of the parking area, the location of portable toilets if they may be required, proposed screening as required by this section for parking areas and portable toilets, and information regarding the exterior appearance of the proposed site. Based on the concept plan and other information submitted, the board of supervisors may then waive the requirement for a site plan in a particular case, upon a finding that the requirement of a site plan would not forward the purposes of this chapter or otherwise serve the public interest. A concept plan identifying the proposed stages, parking areas, entrance, and portable toilets has been submitted (Attachment B). Images showing the exterior appearance of the site have also been submitted (Attachment H & 1). The zoning administrator has suggested that a site plan requirement be waived. 2. Information from the Virginia Department of Health. The applicant shall submit written comments from the Virginia Department of Health SP 2009 -16 Music Festival PC August 18, 2009 Staff Report Page 5 regarding the private water supply and the septic disposal system that will serve the proposed special event site, the ability of the water supply and the septic disposal system to handle the proposed events, and the need to improve the supply or the system in order to handle the proposed events. The use of permanent bathroom facilities on the site would be restricted to campers at the Misty Mountain Camp Resort. Ten portable toilets would be available on -site for the festival participants. The Health Department has no objection to the proposed 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. 3. Building and fire safety. The building official and the county department of fire and rescue shall review and comment on the application, identifying all Virginia Uniform Statewide Building Code and Virginia Statewide Fire Prevention Code issues and requirements. Building Inspections has no objection to the application. The Fire and Rescue Division has issued a fire inspection report approving the site for the proposed use (Attachment C). c. Zoning compliance clearance. The applicant shall obtain a zoning compliance clearance prior to conducting a special event. A single zoning clearance may be obtained for one (1) or more such special events in a calendar year as follows: 1. The zoning administrator may issue a single zoning compliance clearance for more than one (1) special event if: (i) the application submitted by the applicant includes the required information in subsection 5.1.43(c)(3) for each special event to be covered by the zoning compliance clearance: (ii) the zoning administrator determines that each special event is substantially similar in nature and size; and (iii) the zoning administrator determines that a single set of conditions that would apply to each such special event may be imposed with the zoning compliance clearance. 2. The applicant shall apply for a zoning compliance clearance at least thirty (30) days prior to the date of the first special event to be authorized by the zoning compliance clearance. The application shall be submitted to the zoning administrator, who shall forward copies of the application to the county police department, the county building official, the county department of fire and rescue, and the local office of the Virginia Department of Health. As part of his review, the building official shall determine whether the structure(s) proposed to be used for the special events satisfies the requirements of the Virginia Uniform Statewide Building Code for that use. 3. The application shall describe the nature of each special event to be authorized by the zoning compliance clearance, the date or dates and hours of operation of each such special event, the facilities, structures to be used, and the number of participants and support staff expect to attend each special event. 4. Upon a determination that all requirements of the zoning ordinance and all conditions of the special use permit are satisfied, and imposing all SP 2009 -16 Music Festival PC August 18, 2009 Staff Report Page 6 conditions of such approval required by the offices identified in subsection 5.1.43(c)(2), the zoning administrator shall issue a zoning compliance clearance for one or more special events. The validity of the zoning compliance clearance shall be conditional upon the applicant's compliance with all requirements of the zoning ordinance, all conditions of the approved special use permit, the approved concept plan or site plan, and all conditions imposed by the zoning compliance clearance. The applicant would be required to obtain a Zoning Clearance prior to the event, if the special use permit is approved. A condition has been offered to ensure this procedure is required (Condition 5). d. Special events sites and structures. In addition to all other applicable requirements of this chapter, special events sites and structures shall be subject to the following: 1. Structures used for special events. Each structure used for a special event shall satisfy the following: (i) the structure shall have been in existence on the date of adoption of this section 5.1.43, provided that this requirement shall not apply to accessory structures less than one hundred fifty (150) square feet in size; (ii) the structure shall be a lawful conforming structure and shall support or have supported a lawful use of the property; and (iii) modifications to farm buildings or farm structures as those terms are defined in Virginia Code § 36 -97 shall allow the structure to revert to an agricultural use, as determined by the building official. There are no permanent structures proposed for the special event 2. Minimum yards. Notwithstanding any other provision of this chapter, the minimum front yard shall be seventy -five (75) feet. The minimum side yard shall be twenty -five feet (25) feet. The minimum rear yard shall be thirty -five (35) feet. All yards shall be measured from structures and off - street parking areas. These minimum yard requirements shall apply to all accessory structures established after the effective date of this section 5.1.43 and all tents, parking areas and portable toilets used in whole or in part to serve special events. The minimum yard requirements for the portable toilets would be met according to the concept plan dated March 25, 2009. 3. Parking. The number of off - street parking spaces for a special event shall be as required in section 4.12.6. Notwithstanding section 4.12.15(a) through (g), the additional parking area(s) for special events shall consist of or be constructed of pervious materials including, but not limited to stabilized turf, approved by the county engineer. Asphalt and impervious materials are prohibited. If the parking area is on grass or in a field, the applicant shall reseed and restore the parking area site as required by the zoning administrator. In addition to the requirements of section 4.12.5, the parking area shall be onsite and screened from abutting parcels by topography, structures or new or existing landscaping. Notwithstanding SP 2009 -16 Music Festival PC August 18, 2009 Staff Report Page 7 section 4.12.16(d) and (e), the delineation of parking spaces and the provision of bumper blocks shall not be required. Only on -site parking in grassy areas is proposed for the special event, and the applicant would be required to reseed and restore the parking area site as required by the Zoning Ordinance. The locations of the three proposed parking areas would be obscured from abutting parcels by the topography of the site and existing landscaping. 4. Wafer and sewer. The private water supply and septic disposal system serving a special event shall be approved by the Virginia Department of Health. There would be no impact on the private water supply or septic disposal system since portable toilets and bottled water would be used for the special event. 5. Streets and access. Streets serving the site shall be adequate for anticipated traffic volume for a special event. Access from the street onto the site shall be adequate to provide safe and convenient access to the site, and applicant shall install all required improvements and provide adequate sight distance in order to provide safe and convenient access. The Virginia Department of Transportation has determined that the street and entrance drive are adequate for the proposed special event. e. Special events operations. In addition to all other applicable requirements of this chapter, special events operations shall be subject to the following: 1. Number of participants. The number of participants at a special event at any one time shall not exceed one hundred fifty (150) persons. The applicant is requesting that up to 500 participants of the music festival be allowed on the site each day, and hence, is requesting a waiver for this supplementary regulation. Currently, approximately 600 people are allowed on site under the auspices of the special use permit for the campground. Staff recommended that no more than 500 additional people be allowed on the site for the music festival (for a total of 1100 people allowed on the site for both the music festival and campground) to ensure the safety and manageability of campers and festival participants. 2. Number of special events per year. The special use permit shall identify the number of approved special events per calendar year, which number shall not exceed twenty -four (24). The current special use permit application is for only one three -day special event per year. 3. Signs. Permanent and temporary signs advertising a special event shall be permitted as provided in sections 4.15.4 and 4.15.8. No additional signage advertising the special event would be posted on the site SP 2009 -16 Music Festival PC August 18, 2009 Staff Report Page 8 4. Food service. No kitchen facility permitted by the Virginia Department of Health as a commercial kitchen shall be allowed on the site. A kitchen may be used by licensed caterers for the handling, warming and distribution of food, but not for cooking food, to be served at a special event. The food vendors would distribute food at the special event, but they would not utilize a kitchen facility on the site. The Health Department has determined that the applicant would need to obtain a permit at least 14 days prior to the event ensuring that the vendors are licensed. 5. Portable toilets. If required, portable toilets are permitted on the site, provided that they comply with the yard requirements in section 5.1.43(d)(2) and shall be screened from that parcel and any street by topography, structures or new or existing landscaping. The portable toilets would be screened from any street view by the topography of the site and existing landscaping. f. Prohibition of development to a more intensive use. A parcel subject to a special events special use permit shall not be subdivided so as to create one or more parcels, including the parent parcel, of less than twenty -one acres in size without first amending the special use permit to expressly authorize the subdivision. If a parcel is so subdivided without first amending the special use permit, special events shall thereafter be prohibited on the resulting parcels unless a new special use permit is obtained. The applicant has not proposed to subdivide the property. 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 offered no concerns about the proposal. 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. The Fire and Safety Department has conducted and approved a fire safety inspection report for the special event (Attachment C). The Virginia Department of Transportation has no objection to the proposed special use permit. However, the proposed use would generate 224 more vehicles per day on Rockfish Gap Turnpike and, therefore, would have some impact on traffic in this area. SUMMARY: Staff has identified the following factors favorable to this application: 1. The proposed use would minimally impact the character of the site, given that the SP 2009 -16 Music Festival PC August 18, 2009 Staff Report Page 9 festival is a temporary special event 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 during the three days of the festival. SP 1994 -30 Conditions for Misty Mountain Campground The conditions approved with SP 1994 -30 have been italicized and included below for your information. No more than a total of 112 camping sites on property described as County Tax Map 71, Parcel 3, Samuel Miller Magisterial District, consisting of 47.11 acres zoned RA Rural Areas. Not more than six of these camp sites may be used for cabins which are to be located on the south side of Stockton Creek in existing camp sites. Not more than four of these cabins may qualify as dwelling units. Any cabins constructed as dwelling units shall comply with the provisions of Section 10.2.1.1. No cabins shall be utilized until all appropriate Building Code and Health Department requirements have been met; 2. No new camping sites shall be located in the flood plain, as determined by the Army Corps of Engineers; 3. All such uses shall conform to the requirements of the Virginia Department of Health Bureau of Tourist Establishment Sanitation and other applicable requirements; 4. Provisions for outdoor cooking, campfires, cooking pits, ect., shall be subject to Albemarle County Fire Official approval; 5. Conditions one and six of Conditional Use Permit #116 shall be met to the reasonable satisfaction of the Zoning Administrator, 6. No new camping sites or additional storage of parked trailers, campers and recreational vehicles within the 150 -foot setback. New and additional vehicles shall be in compliance with a 150 -foot setback from the edge of the Route 250 right -of -way; 7. The cabins would not be used from November 15 to March 15. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2009 -016 Music Festival, subject to the following conditions of approval. The use shall conform to any existing applicable special use permits, including but not limited to SP 1994 -30, whose terms are hereby incorporated by reference. SP 2009 -16 Music Festival PC August 18, 2009 Staff Report Page 10 2. Development of the use shall be in conformity with the Concept Plan entitled Misty Mountain Camp Resort SP2009 -16 Music Festival, prepared by Albemarle County Office of Geographic Data Services, and signed by Mike Leo and dated August 6, 2009, (hereinafter, the "Conceptual Plan "), as determined by the Director of Planning and the Zoning Administrator. To be in conformity with the plan, development shall reflect the following central features within the development essential to the design of the development: location of temporary parking areas 1,2, and 3 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. 3. A music festival special event shall be permitted once every twelve (12) month period, for a maximum of three (3) consecutive days consisting of one week day and two weekend days. Any increase in the number of special events shall require an amendment to this special use permit. 4. A maximum of fifteen (15) vendors shall be allowed to operate on any given day during the music festival. 5. Written approval from the Police Department, Fire and Rescue, and the Health Department shall be required each year prior to the issuance of a zoning clearance to allow the special event use. 6. No tree removal, grading, or disturbance shall take place within the driplines of the trees as shown on the Concept Plan prepared by Mike Leo, and dated March 25, 2009. Any grading or disturbance within ten (10) feet of any dripline shall necessitate submittal of a "Tree Protection Plan" 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. 7. Hours of operation for the music event shall be between 12:00 p.m. and 10:00 p.m. 8. Off -site parking shall not be permitted. 9. The maximum number of people allowed on the site for the special event on each day shall not exceed 500 persons. 10. A maximum of 224 vehicles shall be allowed to be parked on site on any given day of the music festival. 11. A minimum of 20 private security, parking, and traffic control staff members shall be required on site each day of the music festival. SP 2009 -16 Music Festival PC August 18, 2009 Staff Report Page 11 12. Overnight camping outside the designated camping areas shall be prohibited. 13. All outdoor lighting 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 their designee for approval. 14. The maximum level of noise shall not exceed 65 dBA as measured from an adjacent property. 15. The applicant shall reseed and restore the parking area site(s) as required by the zoning administrator within 30 days of the last day of the special event. 16. The site shall be restored and cleared of all trash, debris, and temporary structures associated with the special event within two days after the final day of the special event. 17. Special use permit 2009 -16 shall be valid until June 30, 2011. ATTACHMENTS Attachment A -- Map of the Site Attachment B — Concept Plan Attachment C - Fire and Rescue Inspection Report Attachment D — Board of Supervisors Action Letter, CUP 116 Attachment E — Board of Supervisors Action Letter, SP -82 -61 Attachment F — Board of Supervisors Action Letter, SP -94 -30 Attachment G — Map of Area Attachment H -- Images of the site from Rockfish Gap Turnpike Attachment I — Images of the proposed festival area SP 2009 -16 Music Festival PC August 18, 2009 Staff Report Page 12 Misty Mountain Camp Resort, Site Layout Attachment Legend 100 200 300 400 -"'dwl Slopes - Stream Feet titream Buffers Consemaaon Easement Parcels Attachment B 1 + r f � � a _ w � P. µ + F L ar Gn Rr - ne = �yEi4�ergenc�r Ser•�ces ens MoUrL r an .. t 4t 'r y'. 1 'Gate so ' j* VIP 6. ` I Gate — Roads Ir ,n"9 sf ea L 9L Structures J% _ Genera! Admission " A Emergency Services Access Gate l Stage Vendor Area Y a r Portable Lavatories (8) 'FObe" #ems Portable Lavatories (2) u Handicapped Parking (120' = 8 Cars) r _ x Parking Area 1 (360' = 40 Cars) t e i V 43 _ Parking Area 2 (158 Cars)' —, Parking Area 3 (18 Cars) I - +' F r t f A ; a Parcels 1 _ . - * ! ` Water Features op E ' POrtable•-Lavatorr (600) ' ;! S � .... .� � �' Misty Mountain Camp Resort SP2009 -I6 w E _ A Music Festival S ` ~� rt *� .. +F ... %AL STOCKTON CREED 0 so 100 200 300 400 l � !'7 Feet NN prepared by Albemarle County Note: The map elements depicted are graphic Office of Geographic Data Servlcea(GDS). rePreserK.adons and a„e no[ t0 be construed or � ' -� , Nap created August 2009 used as a legal description. Parcels shown _ 4 8y Andy Stack Gn Specialist II reflect plats and deeds recorded through y 4 r ; `� i • ? f t December 30, 2008. {, lie Attachment C JFZVTE &vww.AC17reResruo.urg FIRE SAFETY INSPECTION REPORT 7 71i F--,; M.M. of 7 W- F- AllbernaAc Vim f0arsilial's Mica kas- ASMMM ft b-OkYWI iblationls) Of the Astiernhife' `1 C Vim I'MYOFFLIlDr? COUC I 0ek your 9ftmiriDs�. Tgu gUV hr: quagedtocoMetthetwid shown Wow. Of you do amt br?denawW mrvr part of Utk5 *T feel you cannot comply t4.—.z ItAMEDIATEE Y 000Fy uLw offimjj 0a COW"Utip" 410—M CA1111 W MaA 4 R-. Lz 0 RM E hCM W nuftrLtW irin*emQkvii� oVd* CY M -- juwyqu- IL CauntyPi , Prewarrilan Gode, (Woufla ShkttiNWIL, 1110.12, IS) 00 OF Wore the CQF"KWR crate * Nirj tho *NMWO AllbernaAc Vim f0arsilial's Mica kas- ASMMM ft b-OkYWI iblationls) Of the Astiernhife' `1 C Vim I'MYOFFLIlDr? COUC I 0ek your 9ftmiriDs�. Tgu gUV hr: quagedtocoMetthetwid shown Wow. Of you do amt br?denawW mrvr part of Utk5 *T feel you cannot comply t4.—.z ItAMEDIATEE Y 000Fy uLw offimjj 0a COW"Utip" 410—M CA1111 W o IF 1 F PRTW& 10 AF WAX -4, M-0511i 1 11 N111!5 a, ME M. Won•comptionce with this request can result in youttaidg charged with a misdemeanor, punishable by fine or imprisonment as provided in the appropriate court for each offense. Each day that a violation continues after said fiw4 limit shall be deemed a separate offense. Signhig is not an admission of guilt, only that you Kaye been advised of the violatLon(s) and will be provided with a copy of this report as she propen rapresentaUve c4 the business that has been inspected by our personnel, / Attachment D Conditions Approved for Conditional Use Permit 116 Background In August, 1959, the Board of Supervisors approved Conditional Use Permit 110 Robert Albee to authorize this campground. This was superceded by CUP 115 Robert Albee on November 20, 1969, containing ten conditions of approval. (Condition one was subsequently amended on July 15, 1970, to remove the wording "and that the existing honeysuckle fence be maintained. ") : 1. That four -foot trees be planted along the RAV of Route 250 Nest and that the existing honey suckle fence be maintained. 2. That a deceleration lane be constructed in conjunction with the activity for a 100 -foot length, at the entrance onto Route 250 West, or in keeping with the Highway Department requirements for such facilities, whichever is greater. 3. That the approval of this campground facility be subject to Virginia Department of Highways approval on placement of entrance and the cii.dth and construction thereof. 4. That 24 -hour supervision be made available for the activity during the season of operation. S. That the access road from the entrance onto the facility, to the office facility be paved and iTai_ntained.-- `Al-l- o't}ier - access roads -are -tu--be provided with a dust -proof surfacing and maintained. b. That trees be planted for the shade and convenience of the campers where not existing, primarily north of Stockton Creek. 7. That the approval of the activity be subject to City - County Health Department approval on sanitary facilities. 8. Any addition to the existing proposed facility as shown in the site plan as submitted with this application shall be reviewed by the Commission. 9. In all cases, the activity shall adhere to the more restrictive requirements be they the County of Albemarle's or Safari Campgrounds of America, Inc. 10. That a 30 -foot buffer strip be provided on the crest, south and east property lines which are to be maintained,. No utilities or operations of any kind are to he_1ocated� -�� �z ��Tp�.0 =foot buffer strip. Attachment E .�• OF ALS,•S A. CP ROBERT IN. TUCKER, JR, DEPARTMENT of PLANNING RONALD S. KEEL-ER Director of Planning 401 Mclntive Road Assistant Director of Planning Charlottesville, V;3. 22901 -4556 R. KEITH MAS -E 804-296 -5823 Principal Planner NANCY MASON CAPERTON December. 9, 1982 senior Planner KATHERINE C. WHOFF Planner Mr. Werner Kappes Route 1, Box 275 Greeawood, Virginia 22943 Re: 5P -82 -61 Monticello - Skyline Campground, Incorporated Dear Lb,r. Kappes: This letter should replace our letter to you dated December 3, 1982. A revised action memorandum has been received from the office of the Clerk of the Board. That revision shows a change in condition six of the above- referenced'special use permit. The Albemarle County Board of Supervisors, at its meeting on December 1, 1982, approved your above-referenced 'special use permit request, subject to the following conditions: 1. No more than a total of 112 camping sites on property described as County Tax Map 71, Parcel 3, Samuel Miller ?Magisterial District, consisting of 47.11 acres zoned RA Rural Areas; 2. No new .camping sites shall located_ in the .flood plain_, as determined by the Army Corps of Engineers; 3. Health Department approval prior to Planning Commission approval of site plan; 4. Fire Official approval prior to Planning Commission approval of a site plan; S. Conditions one and six of Conditional Use Permit X116 shall be met to the reasonable satisfaction of the Director of Planning;* 6. No new camping sites or additional storage of parked trailers, campers and recreational vehicles within the 150 -foot setback. New and addit5.onal vehicles shall be in compliance with the Scenic Highway requirement of a 150 -foot setback. * As discussed by telephone with the D.rector of Planning on - December 2, 1982, the screening requirement along Route 250 Mi. Werner Kappes SP -82 -61 Monticello - Skyline Campground, Incorporated December 9, 1982 Page tWo shall be as follows. .four (4) foot high white pines, staggered on 20 foot renters. If you should have any questions with regard to this action and notification, kindly contact Mr. Ronald S. Keeler at 296 -5823. Sincerely, Stuart L. Richard Department of Planning sir CC: Jack Collins, health Department Robert Vaughn, Zoning Administrator_ Attachment F r 1 � � Y December 29, 1994 Richard E. Carter 414 Park St Charlottesville, VA 22902 Y i �Illi '2 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902.4596 (804) 296 -5823 RE: SP -94 -30 James F. & Esther C. McDonald Dear Mr. Carter: The Albemarle County Board of Supervisors, at its meeting on December 14, 1994, approved the above -noted request to amend SP -82 -61 to allow construction of ten (10) tourist cabins. Please note that this approval is subject to the following conditions: No more than a total of 112 camping sites on property described as County Tax Map 71, Parcel 3, Samuel Miller Magisterial Distriet,'consisting of 47.11 acres zoned RA Rural Areas. Not more than six of these camp sites may be used for cabins which are to be located on the south - Side -ofStockton- Greek —in- existing -camp sites Not more -than four of these cabins may qualify as dwelling units. Any cabins constructed as dwelling units shall comply with the provisions of Section 10.2.1.1. No cabins shall be utilized until all appropriate Building Code and Health Department requirements have been met; 2. No new camping sites shall be located in the flood plain, as determined by the Army Corps of Engineers; 3. All such uses shall conform to the requirements of the Virginia Department of Health Bureau of Tourist Establishment Sanitation and other applicab[e requirements; 4. Provisions for outdoor cooking, campfires, cooking pits, etc., shall be subject to Albemarle County Fire Official approval; Page 2 December 29, 1994 Conditions one and six of Conditional Use Permit 4 116 shall be met to the reasonable satisfaction of the Zoning Administrator; 6. No new camping si di ona age of parked trailers, campers and recreational vehicles er15�0^Poot `sefback. �.1�`ew and additional vehicles shall be in compliance with a 150-foot setbac �-R —orn the edge of the Route 250 right-of-way; 7. The cabins would not be used Erom November 15 to March 15. If you have any questions or comments, please do not hesitate to contact me Sincerely, V. Wayne 5 Ctltmberg Director of Planning & Community Development VWC /jcw cc: Ella Carey Jo Higgins Amelia McCulley James & Esther McDonald Map of Misty Mountain Camp Resort and Surrounding Area Attachment G LA + }~s' a Al _ ry~ ar x';� ,. r 4L _ lit v. t • � ;• f f ' M1 f 11- r N Of + 4 0 240 480 720 960 Feet •yam 41' Attachment H View of Misty Mountain Camp Resort entrance. View of the campground from the Entrance Corridor. View of the Community Building from the Entrance Corridor. Attachment I View of the festival area. View of parking area 2. View of the Community Building and where one of the entrance gates for the venue would be located.