August 27, 2009

Mike Leo

56 Misty Mountain Road

Greenwood, VA 22943

RE:       SP200900016 Music Festival

            TAX MAP/PARCEL: 07100000000300

Dear Mr. Leo:

The Albemarle County Planning Commission, at its meeting on August 18, 2009, by a vote of 7:0 recommended approval of the above-noted petition to the Board of Supervisors.

Please note that this approval is subject to the following conditions:

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 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

·         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 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.
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.

Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on September 9, 2009.

Return to exec summary

If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832.

Sincerely,

Eryn Brennan

Senior Planner

Planning Division

cc:        1906 LLC

            30 Tupelo Road

            Hilton Head Island, SC 29928