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Home My WebLink AboutSP201000028 Legacy Document 2012-06-19COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 2010 -48 Music Festival SUBJECT /PROPOSAL /REQUEST: Extension of the existing Special Use Permit (SP2009 -16) to continue allowing an annual special event at the Misty Mountain Camp Resort STAFF CONTACT(S): Cilimberg, McDowell, Brennan LEGAL REVIEW: No AGENDA DATE: February 8, 2011 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: SP2009 -16 was approved by the Board of Supervisors on September 9, 2009 allowing one three -day music festival per year at the Misty Mountain Camp Resort. (See Attachment A, Board Action Letter, Attachments B and C, site characteristics and event layout, and Attachment D, prior staff report.) The applicant is requesting a five year extension of this special use permit. One of the conditions of approval in 2009 was that the special use permit would only be valid for two years to allow for a trial period for the event (Condition 17). DISCUSSION: For the last two years Misty Mountain Camp Resort has been the venue for an annual music festival. The 2009 and 2010 three -day events featuring live music and local food and wine vendors were held without incident. The number of persons in attendance averaged 400 each year; hence, the events have not exceeded the 500 person limit stated in Condition 9 of SP2009 -16. Tickets were sold in advance to ensure that the number of people on the site at any given point for the special event would be managed. The applicant obtained all required permits and approvals from the Police Department, Fire and Rescue, and the Heath Department prior to each event and complied with all of the conditions of approval for SP2009 -16. As a safety measure, the Rescue squad was set up on the site for the duration of the event each year; however, no incidents required their services. County staff conducted baseline sound measurements during the October 2009 event and confirmed that the levels complied with the conditions of approval. No complaints from adjacent neighbors were received throughout the duration of the events in either 2009 or 2010. As the request to allow 500 people exceeds the number of participants allowed by special use permit for a special event in the Rural Areas, the applicant has again requested a waiver for Section 5.1.43 -(e.1) of the Zoning Ordinance (Attachment E). Condition 9, however, should be retained to continue to limit the number of persons allowed for the special event to 500. As the noise would exceed sound levels allowed in the Rural Areas (60 dBA during the day and 55 dBA during the night), the applicant has also again requested a waiver for Section 4.18.04 of the Zoning Ordinance (Attachment E). Again, Condition 14 should be retained to continue restricting noise levels to no higher than 65 dBA during the event as measured from an adjacent property. RECOMMENDATION: Staff recommends approval of Special Use Permit 2010 -48 Music Festival with the conditions of approval associated with SP2009 -16, except Condition 17 (conditions listed below). The applicant has requested a five year extension, but staff supports eliminating an expiration date for the special use permit as the music festival has operated without incident for two years. Staff also recommends approval of waivers from Section 5.1.43 -(e.1) and Section 4.18.04 of the Zoning Ordinance. PROJECT: SP- 2009 -016. Music Festival — Conditions of Approval 1. 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; 2. Development of the use shall be in conformity with the Concept Plan entitled Misty Mountain Camp Resort SP- 2009 -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 All activities related to the music festival shall take place within the area of the site bound by the Rockfish Gap Turnpike, Misty Mountain Road, Stockton Creek and the western parcel boundary. 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 (1) week day and two (2) 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 except in authorized parking lots from which people are transported to the special event by shuttle or comparable vehicles; 9. The maximum number of people allowed on the site for the special event on each day shall not exceed five hundred (500) persons. 10. The maximum number of vehicles allowed to be parked on the site for the special event on each day shall not exceed two hundred twenty four (224). 11. A minimum of twenty (20) private security, parking, and traffic control staff members shall be required on site each day of the music festival; 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 sixty -five (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 thirty (30) days of the last day of the special event; and 16. The site shall be restored and cleared of all trash, debris, and temporary structures associated with the special event within two (2) days after the final day of the special event. 47. Special use permit 200-9-16- shall be „ -ai d- i Intil 11 no 30 2041. ATTACHMENTS A — Board of Supervisors Action Letter. September 9. 2009 B — Site Characteristics C — Concept Plan D — Staff Report for SP2009 -16 Music Festival E — Waiver Reauests