HomeMy WebLinkAboutZMA201700010 Approval - County 2018-08-01ORDINANCE NO. 18-A(4)
ZMA 2017-10 BOAR'S HEAD CONNECTOR ROAD
AN ORDINANCE TO AMEND ZMA 2004-15
FOR TAX MAP PARCEL NUMBER 059D2-01-00-01500
WHEREAS, the application to amend ZMA 2004-15 to construct permanent vehicular and pedestrian
connections between the Boar's Head Sports Club property located on Tax Map Parcel Number 059132-01-00-01500
and the adjoining Birdwood property is identified as ZMA 201700010 Boars Head Connector Road ("ZMA 2017-
10"); and
WHEREAS, the Planning Commission held a duly noticed public hearing on ZMA 2017-10 on June 19,
2018 and recommended approval, provided that the proffers be revised to make technical changes as recommended by
staff and set forth in the Planning Commission staff report, and to include a commitment of the applicant to pay a
proportionate share of the cost of potential future transportation improvement if or when warranted; and
WHEREAS, subsequent to the Planning Commission meeting, the applicant submitted revised proffers,
which staff believes address the issues of concern raised by staff and the Planning Commission; and
WHEREAS, on August 1, 2018, the Albemarle County Board of Supervisors held a duly noticed public
hearing on ZMA 2017-10.
BE ff ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon
consideration of the staff report prepared for ZMA 2017-10 and its attachments, including the proffers dated July 3,
2018, which include the rezoning application plan entitled "Application Plan, UVAF Boar's Head Sports CIub",
prepared by Dewberry Engineers Inc., dated April 27, 2018 (the "Application Plan"), the information presented at the
public hearing, the material and relevant factors in Virginia Code § 15.2-2284, and for the purposes of public
necessity, convenience, general welfare, and good zoning practices, the Board hereby approves ZMA 2017-10 with
the proffers dated July 3, 2018 and the Application Plan dated April 27, 2018.
1, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of five to zero, as recorded below,
at a meeting held on August 1, 2018.
Clerk, Board of County Supervi
Aye Nay
Mr. Dill
Absent
Mr. Gallaway
Y
Ms. Mallek
Y_
Ms. McKeel
Y
Ms. Palmer
Y
Mr. Randolph
Y
BOAR'S HEAD SPORTS CLUB
ZMA 2017-00010
Date: July 3, 2018
ZMA#: ZMA 2017-00010
Tax Map Parcel #: 059D2-01-00-01500
Owner of Record: University of Virginia Host Properties, Inc.
The following parcel is subject to rezoning application ZMA 2017-00010 (the "Application")
and thus to this proffer statement: Tax Map Parcel 059D2-01-00-01500 (the "Property"). The
Applicant and owner of the Property is University of Virginia Host Properties, Inc. (the "Owner").
This proffer statement shall supersede and replace in all respects the proffer statement approved by the
Board of Supervisors in connection with ZMA-2004-0015.
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts
to approve the Application, as requested, the Owner and its successors and assigns shall develop the
Property in accord with the following proffers pursuant to Section 15.2-2298 of the Code of Virginia,
1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. These
conditions are voluntarily proffered as part of the Application, and the Owner acknowledges that (1) the
rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable
relation to the rezoning requested.
In the event the Application is denied the proffers shall immediately be null and void and
of no further force or effect.
1. Development of the Property shall be in general accord with the plan entitled
"Application Plan" prepared by Dewberry Engineers, Inc., dated April 27, 2018, and attached hereto as
Exhibit A (the "Application Plan"). The Application Plan shall not be construed to prohibit the
realignment of the 14 existing outdoor tennis courts, subject to existing provisions of the Albemarle
County zoning ordinance, provided that the courts remain in the area marked "Outdoor Tennis Courts"
shown on the Application Plan. The Owner reserves the right to develop the Property in phases.
2. Within the Property, only the following uses shall be permitted by right, subject
always to the express terms of this proffer statement:
a. Pursuant to subsection 24.2.1 of Section 24, HC highway commercial
zoning district, of the Albemarle County Zoning Ordinance, as those
regulations exist on March 19, 2018, as set forth below: Section 24.2.1
numbers 6, 20, 35, 36, 37, 41, 42, 44, and 45.
b. Pursuant to subsection 22.2.1 of Section 22, C-1 Commercial zoning
district, of the Albemarle County Zoning Ordinance, as those regulations
r
exist on March 19, 2018, as set forth below: Section 22.2.1 numbers b.4,
b.8, b.17, b.18, b.19, b.24, b.26, and b.27.
The by -right uses of the Property that are permitted pursuant to sections 24.2.1 and 22.2.1
and pursuant to this Proffer Statement are shown below without strikethrough. Uses which will
not be permitted on the Property (subject always to the express terms of this proffer statement)
have been indicated by strikethrough.
24.2.1 BY RIGHT
The following uses shall be permitted in any H-C district subject to the requirements and
limitations of these regulations. The zoning administrator, after consultation with the director of
planning and other appropriate officials, may permit as a use by right, a use not specifically
permitted; provided that such use shall be similar to uses permitted by right in general character
and more specifically, similar in terms of locational requirements, operational characteristics,
visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.0.
1. Automobile laundries-.
2. .
4. Building materials sales-.
5. ri. ur-ehes emeteries
6. Clubs, lodges (reference 5.1.02).
7. Genyenienee star -es.
10. Feed -and -seed stores (reference c�T
11. .
12. .
13.
14. Funer-al hemes
15. F,,....;,-we stores.
16. Feed and g o stores ; el,,ding stieh s " alty shops as bakery, .-..ate,
18.
19. (Repeale 1 6 3 Q 1)
20. Hotels, motels and inns.
21. 1=igW warehousing.
22. .
23. Mobile i,.,me and trailer- sales and se
24. N4e&lw building sales,
26. New aulemotive paAs sales.
27. Newspaper- p4lishki&.
28. .
29. Offiee and business ...,,,,a ine sales and s
30. .
31. .
32. .
33.
34. .
35. Water, sewer, energy and communications distribution facilities.
36. Public uses (reference 5.1.12).
37. Temporary construction headquarters and temporary construction storage yards
(reference 5.1.18).
38. I d., f theaters
39.
40. Temporary industrialized efefenee-54.8.
41, Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial,
C-1. (Added 6-19-91; Amended 9-9-92).
42. Indoor athletic facilities. (Added 9-15-93).
43. et (refer -en (Added 10 11 _95)
44. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
45. Tier I and Tier II personal wireless services facilities (reference 5.1.40). (Added
10-13-04)
46. Storage yaFds.
47. T b . /D L. d „o ele .,t E R4a Testing; gross _floor- _are
w
vrtlie esrm7rrsrnnczrtd6cs-nve•XecEEI-4,000 squaF2- feet -pC'r- Site; pr-ovided that the
gross floor- af ea ef the establishment may emeeed 4,000 square feet per site by
48, N4anufartufiiig/Pr-eeessing/Assembly/Fabr-iea4ien and Ree-yeling; gross floor are
f the + bl h t dees net o ed 4,000 sqtiar-e foot per- site. r ,;dad thm the
gross flear af ea of the siablish . »t m meeed 4,000 squa-re feet e ;t b
49, Stor-age/Wa-rehE)using/Distr-ibtitien�Tr-anspet4ation; gross floor- afea of the
establishment does net emceed 4,000 square feet per- site; provided tl,.,t the g
fleer- area of ti, establishment may exeeed 4,000 square foot per- site by s o l
50. Dr-ive-througl3windews-(r-eferen5.1.60). (Added dde 3 2 i 6�
22.2.1 BY RIGHT
The following uses shall be permitted in any C-1 district, subject to the requirements and
limitations of these regulations. The zoning administrator, after consultation with the director of
planning and other appropriate officials, may permit as a use by right, a use not specifically permitted;
provided that such use shall be similar to uses permitted by right in general character and more
specifically, similar in terms of locational requirements, operational characteristics, visual impact and
traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in
section 34.0.
a. The following retail sales and service establishments:
1. Antique, gift, : eky, n„fien and ,.fee shop
2. Gledlifig, ffppafel afid ShOe ShOPS.
3. Depa,. meat store
4. ,
5. Perist.
6. ,
8. HaFdwexe store.
9. .
11. 9ptieal geeds:
12. Phetegrapl a goods.
13. VistW and audio applianees.
14. S,..,,,. i goods.
15. ReWl nwsefies and gFeenhouses.
16. er-s-markets (Te€eren .
17. r b + • /v 1, an Deyel.,,.,�,e t/1�`.,,.o,.;,,• a t„ l Venting; gross f eer- are
nccwrcr�rnzv�ntcJ ..,.., j........., �,,.t................ Testing; b-.,...,-..,.,.
of the establishment does net e#eeed 4,008-Square feet -per -sit ; provided that the
gross fleer- area ef the establishment may exeeed 4,000 square feet per- site by
}�
18. fY1R1 ,+ .� ,173,• ,a ..;.,,.1 A �. o.. i k„II' �I�r:vdfi and Reeyeling; gross floor aFe
7 feet pr ided thm the
vrtn���cE�1�S�rrre�ittt6c�-zxvt'e�'c6v8-S�zmri�rf`rsite; ,
7
000 squa-r-e feet per- site by
19. n tl.. ,,, .l, ,a ,,,,� i�oao 5.1.60). i n a,a"1 3 n 16)
Dr-ive tIffeugh winde s (r-e V-Lenee5..1.60).-`Z-I'GCCC - - ., ...,
b. The following services and public establishments:
2. l ewe", sheps.
3. Religiousassembly use, �meton
4. Clubs, lodges (reference 5.1.02).
5. Fi l ins t„t ens
8. Health spas.
10. Laundries, df la now
12. Libraries, museums.
14. Ea4iag establishments.
15. Tai}e~, seamstress.
16. Autemebile serwiee statiens (r-e€eren 5s�).
17. Water, sewer, energy and communications distribution facilities.
18. Public uses (reference 5.1.12).
19. Temporary construction headquarters and temporary construction storage yards
(reference 5.1.2).
20.
21. (Repealed n 3 13).
22. Autemebile,
23. TemperaiFy industr4aliaoa buildings (r-efer-c )-.
24. Indoor athletic facilities. (added 9-15-95)
25. (Repealed 5 5 10).
26. CS�t�o�rPmwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
27. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added
10-13 -04)
Notwithstanding that the above -referenced uses will not be permitted on the Property,
this proffer statement shall not be interpreted to prohibit uses accessory to a health spa on the
Property, which accessory uses shall expressly include, but not be limited to the following:
indoor tennis courts, outdoor tennis courts, multi -sport courts, other recreational or fitness
facilities, a restaurant, a snack bar, a "pro shop," administrative office space, locker rooms, and a
child care facility.
3. Prior to the final approval of SDP 2004-00086, the Owner shall record the
subdivision plat attached hereto as Exhibit B in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia, to combine the portion of tax map parcel 07500-00-00-06300
shown on Exhibit B as Parcel "X" containing 1.774 acres, with tax map parcel 059132-01-00-
01500. THIS PROFFER HAS BEEN SATISFIED IN FULL, AND THUS EXHIBIT B IS
NO LONGER ATTACHED.
4. Prior to issuance of a certificate of occupancy for the permanent use of the
connector road that was approved for temporary use by SP-2017-23, the Owner shall submit for
approval by the Zoning Administrator a current Event Management Plan to provide adequate
parking for the public during periodic public events at the Property, and further designed to avoid
or minimize public parking in adjacent and nearby residential areas during such public events.
Such a plan shall include a commitment by the Owner to provide adequate event parking at the
Birdwood Golf Course parking lot (with access to the Property either by shuttle service or on
foot along the golf course cart paths, at the discretion of the Owner), the large surface parking lot
at the northwest corner of Ednam Drive and Boar's Head Point, and/or in other parking areas
controlled by the Owner or its affiliated entities, each in the discretion of the Owner given the
expected attendance at each particular event. Such a plan will also provide for the use of shuttle
services as necessary given the size and nature of a particular event, for the use of adequate
signage directing the public to permitted parking areas, and the use of appropriate personnel to
direct the public to such permitted parking areas and to discourage or prohibit public parking in
adjacent and nearby residential areas.
5. The Owner agrees to conduct warrant analyses, and to provide a pro rata financial
contribution to future transportation improvements (as may be warranted), as established in
conditions of approval #8 and #9 in special use permit amendment SP201700032.
WITNESS the following duly authorized signature:
UNIVERSITY OF VIRGINIA HOST PROPERTIES, INC.
By: — 9 �M e—�
Printed Name: Rc—�r r c VT M c� ^ '►
Title:
Date: 7/ 3
35631779_6
Exhibit "A"
Application Plan
(attached)
35631779 6.docx
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TITLE
APPLICATION PLAN
Dewberry Engineers
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PFtOJ. NO
F�otecr UVAF BOAR'S HEAD
Glen Allen, VA 23060
PHONE: 809.290.7957
SPORTS CLUB
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 24
HIGHWAY COMMERCIAL - HC
Sections:
24.1 INTENT, WHERE PERMITTED
24.2 PERMITTED USES
24.2.1 BY RIGHT
24.2.2 BY SPECIAL USE PERMIT
24.3 MINIMUM FRONTAGE, SHAPE OF DISTRICT
24.4 ADDITIONAL REQUIREMENTS
24.1 INTENT, WHERE PERMITTED
HC districts are hereby created and may hereafter be established by amendment to the zoning map
to permit development of commercial establishments, other than shopping centers, primarily
oriented to highway locations rather than to central business concentrations. It is intended that HC
districts be established on major highways within the urban area and communities in the
comprehensive plan. It is further intended that this district shall be for the purpose of limiting
sprawling strip commercial development by providing sites with adequate frontage and depth to
permit controlled access to public streets.
(§ 24.1, 12-10-80)
24.2 PERMITTED USES
24.2.1 BY RIGHT
The following uses shall be permitted in any HC district, subject to the applicable requirements of
this chapter. The zoning administrator, after consultation with the director of planning and other
appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that
such use shall be similar to uses permitted by right in general character, and more specifically,
similar in terms of locational requirements, operational characteristics, visual impact and traffic
generation. Appeals from the zoning administrator's decision shall be as generally provided in
section 34.
1. Automobile laundries.
2. Automobile, truck repair shops.
3. Automobile service stations (reference 5.1.20).
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges (reference 5.1.02).
7. Convenience stores.
18-24-1
Zoning Supp. #105, 1-10-18
ALBEMARLE COUNTY CODE
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and
other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Manufactured home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food restaurants.
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
18-24-2
Zoning Supp. #105, 1-10-18
ALBEMARLE COUNTY CODE
35. Water, sewer, energy and communications distribution facilities.
36. Public uses (reference 5.1.12).
37. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
38. Indoor theaters.
39. Heating oil sales and distribution (reference 5.1.20).
40. Temporary industrialized buildings (reference 5.8).
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1.
42. Indoor athletic facilities.
43. Farmers' market (reference 5.1.47).
44. Stormwater management facilities shown on an approved final site plan or subdivision plat.
45. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
46. Storage yards.
47. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
48. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
49. Storage/Warehousing/Distribution/Transportation; gross floor area of the establishment does
not exceed 4,000 square feet per site; provided that the gross floor area of the establishment
may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
50. Drive -through windows (reference 5.1.60). (Added 3-2-16)
(§ 20-24.2.1, 12-10-80; 6-3-81; 3-5-86; 11-1-89; 6-19-91; 9-9-92; 5-12-93; 9-15-93; 10-11-95; § 18-24.2.1,
Ord. 98-A(1), 8-5-98; Ord.02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-
18(4), 5-5-10; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16; Ord. 18-18(1), 1-10-18)
24.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted by special use permit in the HC district:
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls.
2. Septic tank sales and related service.
3. Livestock sales.
18-24-3
Zoning Supp. #105, 1-10-18
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 22
COMMERCIAL - C-1
Sections:
22.1 INTENT, WHERE PERMITTED
22.2 PERMITTED USES
22.2.1 BY RIGHT
22.2.2 BY SPECIAL USE PERMIT
22.3 ADDITIONAL REQUIREMENTS
22.1 INTENT, WHERE PERMITTED
C-1 districts are hereby created and may hereafter be established by amendment to the zoning map to
permit selected retail sales, service and public use establishments which are primarily oriented to central
business concentrations. It is intended that C-1 districts be established only within the urban area,
communities and villages in the comprehensive plan. (Amended 9-9-92)
22.2 PERMITTED USES
22.2.1 BY RIGHT
The following uses shall be permitted in any C-1 district, subject to the applicable requirements of this
chapter. The zoning administrator, after consultation with the director of planning and other appropriate
officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be
similar to uses permitted by right in general character and more specifically, similar in terms of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section 34.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
9. Musical instruments.
18-22-1
Zoning Supplement #103, 8-9-17
ALBEMARLE COUNTY CODE
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
16. Farmers' markets (reference 5.1.47).
17. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
18. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
19. Drive -through windows (reference 5.1.60). (Added 3-2-16)
b. The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Religious assembly use, cemeteries. (Amended 8-9-17)
4. Clubs, lodges (reference 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries, dry cleaners.
11. Laundromat (provided that an attendant shall be on duty at all hours during operation).
12. Libraries, museums.
13. Nurseries, day care centers (reference 5.1.06).
14. Eating establishments.
18-22-2
Zoning Supplement #103, 8-9-17
ALBEMARLE COUNTY CODE
15. Tailor, seamstress.
16. Automobile service stations (reference 5.1.20).
17. Water, sewer, energy and communications distribution facilities.
18. Public uses (reference 5.1.12).
19. Temporary construction headquarters and temporary construction storage yards (reference 5.1.18).
20. Dwellings (reference 5.1.21).
21. (Repealed 4-3-13)
22. Automobile, truck repair shop excluding body shop.
23. Temporary industrialized buildings (reference 5.8).
24. Indoor athletic facilities.
25. (Repealed 5-5-10)
26. Stormwater management facilities shown on an approved final site plan or subdivision plat.
27. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
(§ 20-22.2.1, 12-10-80; 6-3-81; 3-5-86; 9-9-92; 5-2-93; 9-14-93; 10-11-95; Ord. 02-18(6), 10-9-02; Ord. 04-18(2),
10-13-04; Ord. 10-18(4), 5-5-10; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16; Ord. 17-18(4), 8-9-17; Ord. 18-
18(1), 1-10-18)
22.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of supervisors:
1. Commercial recreation establishments including but not limited to amusement centers, bowling alleys,
pool halls and dance halls.
2. Energy and communications transmission facilities.
3. Hospitals.
4. (Repealed 8-9-17)
5. Veterinary office and hospital (reference 5.1.11).
6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential - R-
15, in compliance with regulations set forth therein.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the comprehensive
plan.
9. Stand alone parking and parking structures (reference 4.12, 5.1.41).
10. (Repealed 3-2-16)
18-22-3
Zoning Supp. #105, 1-10-18