HomeMy WebLinkAboutSP201800003 Review Comments Special Use Permit 2018-08-08COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-45%
Phone 434 296-5832 Fax 434 972-4126
August 7, 2018
Walker Richmond
250 East High Street
Charlottesville, VA 22902
RE: SP201800003, The Barn at Pea Ridge
Dear Mr. Richmond,
Staff has reviewed your initial submittal for the above application for Special Events. We would be glad
to meet with you to discuss these comments, if you so desire. Our comments are consolidated below:
Review Comments
1. Please note that, as with any special use permit application, this request will be evaluated based
on its appropriateness under the County's land use goals in the Comprehensive Plan and on its
impacts (safety, traffic, noise, natural resources, rural character, etc.) to the surrounding to
area, as well as the request's consistency with the intent/purpose for allowing special events in
the Rural Area. As noted in the pre -application meetings prior to submittal, and also noted at
the community meeting, noise, traffic and adequacy of road infrastructure are expected to be
significant issues during the review of this proposal.
2. Section 5.1.43 (d)(1)(i) of the Supplementary Regulations for Special Events uses requires that
each structure used for a special use event to have been in existence on the date of adoption of
section 5.1.43, which was in 2005. The barn building proposed for housing the special events
was newly constructed in 2017 and does not meet this requirement.
The applicant can request a special exception from the Board of Supervisors as noted under
Section 5.1 of the Supplementary Regulations to waive this requirement (there is a special
exception application online and there is a $475 fee associated with that request). The applicant
will need to request this waiver/submit this application and it is suggested that the request
include the applicant's justification for this waiver and how the granting of the waiver in this
case/for this proposal would otherwise "satisfy the purposes of this chapter to at least an
equivalent degree as the specified requirement..." please note that this provision in the
supplementary regs was established as one of the requirements to ensure that the intent of the
special events use is implemented/maintained when the use is approved. The special events
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use in the RA zoning district was established to give landowners a mechanism (an additional use
and revenue source) to help them maintain important resources, activities, and structures that
exist on their property, such as old historic buildings, ongoing agricultural activities/farms, and
the like, and thereby reduce the pressure/need to subdivide those properties or tear down
those structures. The Special Events Use was not necessarily intended to allow a new, stand
alone, commercial activity in the Rural Area without some relationship to supporting or
encouraging protection of those existing important resources, buildings, and/or agricultural
activities. This intent is also reflected in the Supplementary Regulation 5.1.43(f) which requires
that a property on which an SP for special events is approved cannot be further subdivided or
developed to a more intensive use.
Given the circumstances related to this property and request, it is difficult to see how a waiver
of 5.1.43 (d)(1)(i) can meet the intent of this requirement to at least an equivalent degree, given
that no existing structure structures are being protected (existing barn was torn down), and the
vast major of the properties are already in conservation easements and protected from more
intensive development.
3. Section 5.1.43(d)(5) of the Supplementary Regulations related to the site evaluation states that
"streets serving the site shall be adequate for anticipated traffic volume for the event. This
property (measured from the site entrance) is located approximately 2.2 miles from Rt. 250 via
Plank Road and approximately 2.7 miles from Ortman Road. Plank and Ortman carry 740 and
670 trips per day, respectively. It is approximately 3 miles from Rt. 151 via Dick Woods Road,
which carries 440 trips per day. It is estimated that 150 trips will be generated from each event.
Staff is still evaluating the adequacy of the roads for the proposed level of use. Closer proximity
to a major road is generally preferred. All three roads noted here are narrow rural roads carrying
relatively high volumes of traffic for such type roads.
4. This section of Route 637, Dick Woods Road from Route 691 (Ortman Rd.) to Route 758 (Smith
Rd.), was removed the County's Paving List is 2014 by the Board of Supervisors, with the intent
to maintain this road as an unpaved/gravel road. Approval of commercial activities that would
generate traffic on this road would run counter the intent maintain this 2.2 mile section of road
section as an unpaved/gravel road. The road currently carries 150 vehicle trips per day.
5. Section 5.1.43(b)(2) requires the applicant to submit written comments from the Virginia
Department of Health (VDH) regarding the ability of the private water supply and onsite sewage
system to adequately serve the proposed special event site/level of use. We have not received
the comments from VDH, to date. VDH requires the applicant to have a licensed engineer
assess the facilities and provide that information to the Department for review.
VDH has stated that "the existing septic systems will need to be assessed by a licensed engineer
(PE) to confirm that they are of sufficient capacity for the events and functioning properly. I
understand that the system serving the barn was recently installed in 2017, but has not been
issued an Operation Permit, pending receipt of the contractor completion report." Regarding
wells, they stated that "Operational Permits have also not yet been issued by this office pending
water sample testing for coliform bacteria." I would encourage the applicant to have the system
assessed for the proposed level of usage as recommended by the Health Department prior to
review of this request by the Planning Commission and Board. Staff cannot support the
proposal until this is received.
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6. Questions have been raised by area residents as to whether the conservation easements on the
properties permit the special event activities on this site. While we have some communication
from the Virginia Outdoors Foundation (VOF) that the proposed activity is not inconsistent with
provisions of the easement, it would be beneficial to have additional confirmation of this from
VOF. I would recommend that you pursue obtaining that documentation with VOF.
7. Events Management Plan comments:
- Based on the concerns expressed by area residents regarding noise and traffic, and given
character and condition of the rural roads providing access to the site, the applicant may want
to consider setting an earlier ending time for events than 11:00.
- Staff is still evaluating the acoustical study recently submitted (received 7/11/18) and will
provide you additional comments in the very near future. Some initial comments regarding are
provided here:
- The study seems to have assessed noise impacts based on source music locations
outside of the barn. Staff would strongly encourage the Events Management Plan to
restrict amplified music/sound sources to be limited to the inside of the barn. However,
if other areas are proposed outside of the building for sound generation, those locations
should be specified in the Management Plan and located on the Concept Plan. Staff will
likely recommend a condition of approval that would prohibit outdoor amplified music.
- No time limits for amplified sound are included in the Management Plan. This needs to
be addressed in the Plan. Please note that the Board fairly recently codified standards
for farm breweries that permit amplified sound until 11:00 on Friday and Saturday
nights, and until 10:00 on other nights. We expect the Board will want to see similar
limitations for special event permits.
- The plan essentially indicates lights will meet the County ordinances for lighting. Is there a
lighting plan for the site? Specific locations for lights proposed? Is there any consideration for
using temporary lighting for events? If so, please provide this information in the Management
and/or Concept Plans. Staff would strongly discourage the installation and use of lighting,
beyond the minimum essential for safety purposes.
- Item #10 on the Management Plan states "portable toilets are permitted on the site at the
locations shown on the Concept Plan." I do not believe those sites are delineated on the
Concept Plan. Either note the location(s) on Concept Plan or correct item 10 on the
Management Plan.
8. Concept Plan comments:
- The format for the plan does not provide for property boundaries related to the special event
use. It does not provide a scale for the plan/aerials to allow for measuring distances. The plan
does not provide a clear delineation of which portions of the property would be used for the
special events. The concept plan should be revised to address this needed information.
- Show parking spaces and drive lanes on the concept plan to make sure there is enough room
for the proposed number of vehicles.
- The number of spaces to be provided should be noted and demonstrated as available within
the parking area. For special events of a maximum of 150 attendees, we generally assume up to
75 vehicles need to be accommodated on-site.
Provide dimensions of the parking area on plan to more clearly identify the parameters for
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area.
- Provide a note to the plan that the "grass parking areas shall be reseeded yearly or as
determined by the zoning administrator."
- Provide dimensions of the tent area on plan to more clearly identify the parameters for area
where the tent can be installed.
-There is a "Conservation/Preservation Area" noted on the plan, but no boundaries associated
with it. I would recommend showing the easement boundary.
- Label the cottage as "cottage" on the plan on first page, top photo.
- There appears to be a structure/barn/shed located near the parking area. Please indicate if this
will be used for event purposes. If so, please address in the Concept Plan what activities -or uses
will occur there.
- Please be aware that signs will need to be installed to advise and direct visitors of the one-way
traffic pattern proposed for site circulation. The concept plan should show the location of the
directional signage.
- Please identify area and dimensions for portable toilet locations, if they are proposed to be
used.
- Based on the concept plan and other information submitted, the Board of Supervisors may
waive the requirement for a site plan in a particular case, upon the finding that the requirement
of a site plan would not forward the purpose of this chapter (Zoning Ordinance) or otherwise
serve the public interest. At this point in time, staff cannot support the waiver. Staff will revisit
this upon the resubmittal of the concept plan addressing the above noted items.
9. This property falls within the boundaries of the Greenwood Afton National Register Historic
District. The inventory that is part of the district nomination isn't entirely clear about the status
of the structures on this property. Since the old barn has been removed and new (2017) barn is
now on the property, the only other older structures on the proposed site are the adjacent
cottage and one building near the parking area. Please provide any information about any
proposed changes to the cottage (changes to the exterior such additions, changes to the facade
treatment, roof, regrading of immediate area around the cottage, etc.). Depending on the
extent of the proposed changes to the cottage and site, a follow-up site visit may be needed,
and ultimately documentation of the structures on the property and special treatment of some
of the structure(s) on site may be recommended.
Parking on grass is preferable to installation of impervious surfaces; grass can better maintain
the historic character of the area. The submittal indicates that additional parking will be created
adjacent to the parking area of stabilized turf. Clarification on the size of the additional parking
is required to assess impacts (see earlier comments requesting further information on parking
area be provided on the Concept Plan.
10. Comments from Fire -Rescue Department:
- If any improvements are to be made to the entrance/exit/travel lanes Fire Rescue requires a
minimum of 20' clear, unobstructed travel way.
- The gates must also provide 20' of clear, unobstructed opening.
- Any tent erected on the site greater than 400 square feet requires a permit from the Fire
Marshal's Office. All local tent vendors are aware of the requirement and permitting process if
needed.
11. Building Official comment— the buildings will have to comply with the commercial building
codes as it does not meet the definition of a farm structure exemption. All structures that are to
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be used for assembly -type functions need to be evaluated for building code acceptability. The
applicant/architect should coordinate with Keith Huckstep, plan reviewer for Albemarle County
as an assembly use.
When you are ready to resubmit, please provide that resubmittal on a resubmittal Monday (see
attached schedule). Make sure to put my name on the cover page of your resubmittal. After you have
resubmitted, staff will provide a set of written comments for your review prior to setting a public
hearing. In those comments, we will advise you as to whether all substantive issues have been resolved
or if additional resolution is needed.
A public hearing with the Planning Commission will not be advertised until you advise us that the project
is ready to proceed to a public hearing. At that time, the legal advertisement will be run in the
newspaper and a staff report will be prepared to go to the Planning Commission.
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.
Please feel free to contact me if you wish to meet or need additional information.
Sincerely,
rAwf '
9
David Benish
Chief of Planning
--date added
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COMMONWEALTH of VIRGINIA
In Cooperation with the Thomas Jefferson Health District ALBEMARLE C CHARLOTIf
PALSMLE
MYRA]
FLl1VANNA COl1NTV fpAIMYAAI
State Department of Health 1138 Rose Hill Drive GREENE COUNTY ISTANARo5vFLLE)
LOU)SA COUNTYfLOWSA)
Phone (434) 872.6219 P. O. Box 7546 NELSON COUNTY iLOV)NGSTONt
Fax (434) 972.4310
Charlottesville, Virginia 22906
May 21, 2018
Elaine Echols, Chief of Planning
Albemarle County Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: The Barn at Pea Ridge
7899 Dick Woods Rd.
SP# 201800003
Ms. Echols:
As requested, I have reviewed the subject special use permit application and have the
following comments:
Septic: The existing septic systems serving both the event barn and cottage will
need to be assessed by a licensed engineer {PE} to confirm that they are of
sufficient capacity for the events and functioning properly. I understand
that the system serving the barn was recently installed in 2017, but has not
been issued an Operation Permit, pending receipt of the contractor
completion statement.
Wells: Operation Permits have also not yet been issued by this office pending
water sample testing for coliform bacteria.
If there are any questions or concerns, please give me a call, 434-972-4306.
Sincerely,
Alan Mazurowski
Environmental Health Supervisor
Thomas Jefferson Health District
alan.mazurowski (a�vdh.virginia. gov