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HomeMy WebLinkAboutZMA201800014 Application 2018-10-30Albemarle County Planning Application Community Development Department 401 McIntire Road Charlottesville. V.422902-4596 Voice : (434) 296-5832 Fax : (434.1972-4128 TMPj 07500-00-00-06300 Owner(s): UNIVERSITY OF VIRGINIA FOUNDATION Application #I ZMA201800014 PROPERTY INFORMATION Legal Description ACREAGE BIRDWOOD GOLF COURSE r+lagisterial Dist, Samuel Miller Land Use Primary Public Current AFD ;Not in A/F DistrictCurrent Zoning Primary !R1 Residential APPLICATION INFORMATION' - --- E Street Address 435 GOLF COURSE DR CHARLOTTESVILLE, 22903 Entered By .pplication Type Zoning Map Aniendment Buck Smith Proj e ct Birdwood Mansion and Grounds Received Date 10/29/18 Received Date Final Closing File Date Submittal DateFlo/30/18 Total Fees Submittal Date Final Total Paid Revision Number Comments I ARS OK Legal Ad I SUB APPLICATION .v rr.�ApgtrtUNA?ERSITY OF 'VIRGINIA FOUNDATION .gessI {.a Mote Zip Phone Phi 0 BOX 4002 18 7CHARLOTTES-WILL. :22904- . . . .. .......... ......... .... Signature of Contractor or Authorized Agent Date County of Albemarle Cep9rsptica1 Data ery ces Oivisior, - Room 2r,S Parcel Property Information Dt l,tclrtiChar#atteaville, ua 4. re Rosi 223ve-45V;• TMP[07�0006300 Legal ACREAGE BIRQWOOQ GOLF COURSE Description Parent TMP Tax t=1aR07500 Section p0 Block 00 Parcel 06300 GPIPJ 470390401584 Major Subdiv. Acreage Total Acres 544,00 TMP InaCtiVe? ACTIVE E-911 STREET ADDRESS INFORMATION �� . •�i OLF COURSE DR Apartmeni: C=ity, � Stats � Zipcc�de ................... ....................._........... C HARLOTTESVILLE VA :22903 i.__i IRD1�100D DR ........................................................ .. ... ................................ F ..............:.............. CHARLOTTESVILLE.._.............._........ti1.._.... _.._......:..22903...... IRDWOOD DR ....................................__.....' tH.ARLOTTESVILLE VAnl 22403 F rnl IG eF ntz � rHtipl nTTFCIfTi I F vA )WNER INFORMATION Name Street Address 04,; state UNIVERSITY OFVIRGINIA FOUNDATION zi P 0 BOX 400218 IDDITIONAL PROPERTY INFORMATION CHARLOTTESVILLEVA 22904-4218 ,Agricultural Forest District. !Not In A/F District Traffic cone; 3574 Voter Precinct: `East ISttt Magisterial District; Samuel Miller Metro Planning Area?� CATS .area? Public Alater Sewer Water & Sewer Hlatershed; iRagaed Mountain Reservoir Historical Significance High School Districn',Western Albemarle Middle School District. ''Henley Elem. School Districts Murra✓ Census Block Group: 2--� Census Tract; 110 ,Pater Supply Protection .area? YES Other Rural Land? NO Development Area? YES World Heritage Site National Historic Landmark Virginia Landmark Register ; National Register of Historic Places LParcel Has Proffers Parcel Has Easements rCurrent Land Use plumber of Structures Number of Dwelling Units Primary. public _ - -- 5 U Secondar4: Forest w 0 0 �- Minor. Ooen 0 i � 1 Comprehensive Plan Land use - Plan Area: Neighbgrhgod 6 Primary:: Institutional Others Unassigned w Secondary. `Parks and Green Systems . OthPr3 ;Unassigned Minor. Unassigned . Other4s Unassigned � Other.-- - — _: Unassigned . Others; 'Unassigned Zoning --T CL enr�omnc Zononc 4?oorcw' 22,11960 Zc�ljnc r4Ec. ra ;'/24$G - -- — Primary. R1 Residential -- - � Rl Residential '!R - Residential . Secondary: Unasslaned — � Airoort Prgtectlan Overlay , Unassigned . Minor — Unassigned Planned Industrial Park Unassigned Natural Resource Extraction Overlay Ot er: Unassigned Flood Hazard Overlay` Airport Impact Area Entrance Corridor Overlay Scenic Stream Overlay' ACTIVITY INFORMATION FL4VltiIPX 4C7'TyMES i AP icationNumb 1 CurrentStatus i SpecialConditiom ' �FB20010101111C icationNumb -1 CurreatPermtSt SpecialCoitditit�ns j 1DP201700019 approved TARS - Olt 'Issued 30'714D SDP 01600010 Under "Re :,........ , 500908aC CO Issued SOP201500022 Approved ...._...... .. ^....._....... _.........,_............... _.. O 408779 permit Expired OTH_00404t15 Under Review receipt = 3604, See sp- 400120AC Issued ARS 01800115 approved i`( COIssued �aRB201700052 approved _0002fl65 CO Issued Printed On: I Tuesday. October 30,kle a Application for Zoning Map Amendment PROJECT NAME: (How should we refer to this application?) Birdwood Mansion and Grounds TAX MAP PARCEL(s): 07500-00-00-06300 Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, list those tax map and parcel numbers 059D2-01-00-01500, 059D2-01-00-00200, 059D2 -01-00-014A0 PROPOSAL: REZONE 18.26 ACRES PROPOSAL: AMEND ZMA - FROM R-1 Residential ZONING DISTRICT by doing the following: TO HC, Highway Commercial ZONING DISTRICT ❑ By adding Acres EXISTING COMP PLAN LAND USEMENSITY: from Zoning District Institutional to Zoning District LOCATION/ADDRESS OF PARCEL(S) TO BE REZONED: Birdwood Drive ❑ Amend an existing Planned District ❑ Amend existing proffers CONVENTIONAL DISTRICTS — RA, VR, R-1, R-2, R-4, El Amend a Code of Development R-6, R-10, R-15, C-1, CO, HC, LI, HI, and DCD zoning districts EXISTING COMP PLAN LAND USE/DENSITY: PLANNED DEVELOPMENT DISTRICTS - MHD, PRD, PUD, NMD, PDMC, PDSC, and PD -1P zoning districts. LOCATION/ADDRESS OF PARCEL(S) TO BE REZONED: Are you submitting a preliminary site plan with this application? ❑ YESNO Are you submitting a preliminary subdivision plat with this application? ❑ YES 9 NO Are you proffering a plan with this application? YES ❑ NO Contact Person (Who should we call/write concerning this project?): Valerie Long, Williams Mullen Address 321 East Main Street, Suite 400 cin, Charlottesville State VA Zip 22902 Daytime Phone (___) 434-951-5709 Fax # E-mail vlong@williamsmullen.com Owner of Record University of Virginia Foundation, c/o Elise Cruz Address PO Box 400218 City Charlottesville State VA Zip 22904 Daytime Phone C__) (434) 924-2365 Fax # �) Applicant (Who is the Contact person representing?): Same as Owner of Record Address Daytime Phone () Fax # City E-mail ecruz@uvafoundation.com State Zip E-mail FOR OFFICE USE ONLY ZMA # _'a d 0//901 G( SIGN # Fee Amount $ Date Paid By who? Receipt # Ck# By: County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Zoning Map Amendment Application Revised 4/23/2018 Page 1 of 5 Section 15.2-2284 of the Code of Virginia states that, "Zoning ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the locality." REQUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE OFFICIALLY SUBMITTED Application Signature Page ❑ One (1) completed & signed copy of the appropriate checklist (see list on page 3). One (1) copy of the Pre -application Comment Form received from county staff One (1) copy of any special studies or documentation as specified on the Pre -application Comment Form 0 Seventeen (17) folded copies of a Conceptual Plan for conventional zoning districts (see districts on page 1) OR ❑ Seventeen (17) folded copies of an Application Plan for planned development districts (see districts on page 1) ❑ Seventeen (17) copies of a written narrative The narrative must be laid out to identify each of the bulleted TITLES as follows: • PROJECT PROPOSAL The project proposal, including its public need or benefit; (be as descriptive as possible) ■ For proposed Neighborhood Model District (NMD) - Provide a statement describing how the proposed district satisfies the intent of Chapter 18 and if one or more characteristics of the neighborhood model delineated in section 20A.1 of Chapter 18 are missing from the application, then provide a justification as to why any characteristics cannot or should not be provided with the proposal • CONSISTENCY WITH COMPREHENSIVE PLAN The proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; ■ For proposed Neighborhood Model District (NMD) - Provide a narrative as to the project's consistency with the neighborhood model. • IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE The proposed project's impacts on public facilities and public infrastructure. • IMPACTS ON ENVIRONMENTAL FEATURE The proposed project's impacts on environmental features. • PROPOSED PROFFERS TO ADDRESS IMPACTS The proposed proffers to address impacts from the proposed project. Proffers are voluntary offers to use property in a more restrictive way than the overall zoning district classification would allow. By State Code, proffers must have a reasonable relationship to the rezoning and are not mandatory. The rezoning must give rise to the need for the proffers; the proffers must be related to the physical development or physical operation of the property; and the proffers must be in conformity with the Comprehensive Plan. Zoning Map Amendment Application Revised 4/23/2018 Page 2 of 5 REQUIRED ATTACHMENTS CONTINUED ® One (1) copy of a local traffic impact statement as required by Virginia Code § 15.2-2222.1 and 24 VAC 30-155-40. One (1) copy of the most recent recorded plat, that shows the Deed Book/Page Number, of the parcel(s) composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed project, both of which shall include a metes and bounds description of the boundaries. Taxes, charges, fees, liens owed to the County of Albemarle As the owner/agent I certify that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle and have been properly assessed against the subject property, have been paid. For a Neighborhood Model District (NMD) - new or amendment of an existing NMD ❑ Seventeen (17) copies of the Code of Development satisfying the requirements of section 20A.5. ❑ One (1) copy of a parking and loading needs study that demonstrates parking needs and requirements and includes strategies for dealing with these needs and requirements, including phasing plans, parking alternatives as provided in section 4.12.8, and transportation demand management strategies as provided in section 4.12.12; provided that the applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. ❑ One (1) copy of strategies for establishing shared stormwater management facilities, off-site stormwater management facilities, and the proposed phasing of the establishment of stormwater management facilities. OPTIONAL ATTACHMENTS: 0 Proffer Form signed by owner(s) (1 copy). ❑ Additional Information, if any. (17 copies) THE FOLLOWING ZONING DISTRICT CHECKLISTS WILL BE USED BY BOTH THE APPLICANT AND STAFF DURING THE MANDATORY PRE -APPLICATION MEETING. ALSO CONSULT THE OTHER DOCUMENTS BELOW BEFORE SUBMITTING AN APPLICATION: CONVENTIONAL ZONING DISTRICT CHECKLIST PLANNED DEVELOPMENT ZONING DISTRICT CHECKLIST NEIGHBORHOOD MODEL DISTRICT CHECKLIST PROFFER FORM (MS Word doc) STAFF ANALYSIS OF ZMA & SP REQUESTS WATER AND SEWER EVALUATION CHECKLIST PLANNING COMMISSION REQUEST FOR INFO Zoning Map Amendment Application Revised 4/23/2018 Page 3 of 5 APPLICATION SIGNATURE PAGE VERIFICATION OF THE SIGNATURE ON THIS PAGE MUST HAPPEN BEFORE THE APPLICATION MAY BE DEEMED COMPLETE If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, an LLC, a corporation, a partnership or association, or a trust, then a document acceptable to the County must be submitted with this application certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application and must include any applicable documents authorizing that person to provide consent. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's written consent. o One (1) copy of the applicable ownership information. CHECK AS OWNERSHIP OF THE PROPERTY IS A DOCUMENT TO BE PROVIDED FOR THIS APPLICATION APPLICABLE ❑ Limited liability company ("LLC") The articles of organization and when the power is delegated to someone other than a manager or a member, also the operating agreement. Stock & Nonstock corporation (1) for a board of directors (1) a. Stock - the articles of incorporation or a shareholders agreement may limit the board's statutory authority. b. Nonstock - the articles of incorporation and the by-laws, the latter of which may include a member or director agreement, may limit the board's statutory authority (2) for a person expressly authorized (2) written evidence of that authorization such as a board resolution or by the board of directors board minutes (3) for a committee (3) an action of the board of directors authorizing the committee to act; the articles of incorporation or the by-laws may limit the statutory authority (4) for a corporate officer (4) the by-laws or the delegating resolution of the board of directors. ❑ Partnership The statement of partnership authority, which may limit the authority of one or more partners. ❑ Limited partnership The partnership agreement, or amendments thereto, which may limit the authority of one or more general partners. ❑ Incorporated & Unincorporated church and (1) for trustees, an authorizing court order other religious body (2) for the corporation holding title, the appropriate corporate documents (3) for a bishop, minister or ecclesiastical officer, the laws, rules or ecclesiastical polity of the entity that authorizes the person to hold, improve, mortgage, sell and convey the property. ❑ Land trust The deed of conveyance to the trustees and the trust instrument See Attachment A in the Land Use Law Handbook for a complete list of Authorized Signatories for Land Use Applications Owner/Applicant Must Read and Sign I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written communication from also being sent via first class mail. V",Cu w 10 -'2-q. l tV Signature of Owner/AgentW Co ct urcha Date �-crtA ciSl-5705 Prinl Name Daytime phone number of Signatory Zoning Map Amendment Application Revised 4/23/2018 Page 4 of 5 Required FEES to be paid once the application is deemed complete: What type of Zoning Map Amendment are you applying for? Zoning Map Amendment of less than 50 acres $2,688 ❑ Zoning Map Amendment of greater than 50 acres $3,763 ❑ ALL ZONING MAP AMENDMENTS - FIRE RESCUE REVIEW FEE $75 To be paid after staff review for public notice: Most applications for a Zoning Map Amendment require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. ➢ Preparing and mailing or delivering up to fifty (50) notices $215 ➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage ➢ Legal advertisement (published twice in the newspaper for each public hearing) Actual cost (averages between $150 and $250 ➢ Special Exception — provide written justification with application - $457 Other FEES that may apply: ❑ Deferral of scheduled public hearing atapplicant's request $194 Resubmittal fees for original Zoning Map Amendment fee of $2,866 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,344 Resubmittal fees for original Special Use Permit fee of $3,763 ❑ First resubmission FREE ❑ Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,881 The full list of fees can be found in Section 35 of the Albemarle County Zoninlj Ordinance. Zoning Map Amendment Application Revised 4/23/2018 Page 5 of 5 CONVENTIONAL DISTRICT ZONING MAP AMENDMENT CHECKLIST for � pF AL o$` PREAPP-2018-91 / Birdwood Mansion and Grounds / Portion of TMP #75-63 Ar n Project Name / Tax Map Parcel Number f'IIZ.t�Q' (CONVENTIONAL ZONING DISTRICTS - RA, VR, R-1, R-2, R-4, R-6, R-10, R-15, C-1 CO, HC, LI, HI, DCD) After the mandatory pre -application meeting, county staff will mark this checklist appropriately so that it is clear to the applicant the information from Sections 33.16 and 33.17 that must be TMP (10/12/2018) submitted with the official application. Name or initials of staff filling out form Required for Provided with application? application Zoning Ordinance (County Staff) (Applicant) X X Sections 33.16 and 33.17: YES NO f A narrative of the project proposal, including its public need or benefit; A narrative of the proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; A narrative of the proposed project's impacts on public facilities and public infrastructure. A narrative of the proposed project's impacts on environmental features. x ✓' A narrative of the proffers proposed to address impacts from the proposed project. One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions; A conceptual plan showing, as applicable: 1) the street network, including Gd circulation within the project and l./ x m connections to existing and proposed or planned streets within and outside of the project; 2) typical cross-sections to show 1 ld proportions, 6d scale and x 1614;L� U ld streetscape/cross-sections/circulation; CONVENTIONAL DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 1 of 2 Please note: There are additional submittal requirements outlined on the official application for a Zoning Map Amendment. Read and Sign I hereby state that, to the best of my knowledge, the official application submitted contains all information marked on this checklist as required for application. VV• Gt Signature of person complein this chec ist Print Name 10. 71. ?,o I V Date � 51-- 570 Daytime phone number of Signatory CONVENTIONAL DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 2 of 2 f 3) the general location of pedestrian and bicycle facilities; 4) building envelopes; k_:_� o. Q X ✓ 5) parking envelopes;�� w, x 6) public spaces and amenities; t� 7) areas to be designated as conservation and/or preservation areas; x 8) conceptual stormwater detention facility locations; 9) conceptual grading; Other special studies or documentation, if applicable, and any other information identified as necessary by the county on the pre -application comment form. Owner's consent/authorization documentation Proffer narrative (if voluntary commitments are being made by the applicant Survey of proposed zoning district boundaries per Zoning Urdinance Include narrative of proposed oroiect's impacts on historic resources: provide information about UVAF commitments to mitigate any such impacts (2015 "Birdwood Landscape" Plan may be appropriate resource) i� vi A local traffic impact statement as required by Virginia Code § 15.2-2222.1 and 24 VAC 30-155-40. Please note: There are additional submittal requirements outlined on the official application for a Zoning Map Amendment. Read and Sign I hereby state that, to the best of my knowledge, the official application submitted contains all information marked on this checklist as required for application. VV• Gt Signature of person complein this chec ist Print Name 10. 71. ?,o I V Date � 51-- 570 Daytime phone number of Signatory CONVENTIONAL DISTRICT ZONING MAP AMENDMENT CHECKLIST 04/2013 Page 2 of 2 �OF A �'//�7;31F` COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 Memorandum To: Mrs. Elise Cruz, Project Coordinator (ecruz@uvafoundation.com) From: Tim Padalino, AICP — Senior Planner Date: October 12, 2018 Subject: Mandatory Pre -Application Meeting (10/3/2018)— "Birdwood Mansion and Grounds" ZMA This letter contains preliminary comments and informational guidance from County staff in the Community Development Department (CDD) and Site Review Committee (SRC) member agencies regarding the above noted pre -application (pre -app) meeting PREAPP201800091. Specifically, this letter provides updated guidance as discussed during the follow-up pre -application meeting conducted on 10/3/2018 to discuss the possibility of a zoning map amendment (ZMA) application, as opposed to an application for a special use permit (SP) amendment as originally discussed at the first mandatory pre -app meeting on 8/27/2018. This meeting conducted on 10/3/2018 satisfies the requirement for a mandatory pre -app meeting prior to submittal of the anticipated ZMA application, as required per County Code § 18-33.14. The following are preliminary comments and informational guidance from County staff and Site Review Committee member agencies for your proposal, as discussed on October 3: (i) provide the applicant and the county a common understanding of the proposed project: The parcel under consideration is the Birdwood property, further identified as TMP #07500-00-00- 06300, which is located in the Samuel Miller Magisterial District and which has frontage on Ivy Road (U.S. Route 250). This parcel is in the R1 Residential zoning district, and is owned by the University of Virginia Foundation (UVAF/Foundation). As discussed at the pre -app meeting and as articulated in materials provided to the County before and during the pre -app meeting, the proposal involves the rehabilitation and reuse of the historic Birdwood Mansion as a venue for special events and weddings, and for use in overnight accommodations and short-term tourist lodging. The proposal also includes the rehabilitation and reuse of existing outbuildings, as well as the implementation of new facilities to support reuse of the mansion. In consultation with other Community Development staff, Zoning Administrator Amelia McCulley indicated that a zoning map amendment for a small portion of the Birdwood property around the mansion would (if approved) enable the proposed mixture of uses to be permissible. Discussion between CDD and UVAF regarding specific zoning districts that might potentially be appropriate led to a conclusion that "HC Highway Commercial" zoning would represent the most appropriate request in order to accommodate the proposed mixture of uses in and around the historic Birdwood Mansion, provided that reasonably anticipated impacts are identified and evaluated, and provided that the Foundation make sufficient commitments to mitigate any such potential impacts. Page 1 of 4 (ii) consistency with the Comprehensive Plan: The portion of the Birdwood property involved in this proposal is designated for "Institutional" uses on the Future Land Use Map in the Southern and Western Urban Neighborhoods Master Plan (S+W Master Plan). The Birdwood property is also located within Area B, and is therefore subject to a three - party collaborative planning agreement with the University of Virginia, County of Albemarle, and City of Charlottesville (Planning and Coordination Council/PACC). The S+W Master Plan identifies the Birdwood property as an "Area of Importance" and states the following: "In the future, this large property may serve a more intensive function than it does presently. Possible considerations include, but are not limited to, a mixed-use area near the entrance... Before further development of the property occurs, an amendment to the Future Land Use Plan for the Southern and Western Neighborhoods will be needed. " (S+W. 44) Regarding the need to amend the Future Land Use Plan for the Birdwood property before further development or more intensive use, CDD staff have coordinated closely with UVAF on a Birdwood Master Plan / Area B Study. This Area B Study addresses the future land uses and development of the Birdwood property, as called for in the current S+W Master Plan. The concepts contained in the Birdwood Area B Study were endorsed by members of PACC at the quarterly PACC meeting on 9/20/2018; those concepts were previously endorsed by PACC-Tech. The PACC-endorsed Birdwood Area B Study is now being used as the basis of a Comprehensive Plan Amendment (CPA) process with the County, which intends to update the Future Land Use Plan and other portions of the S+W Master Plan relating to the Birdwood property. In summary, although the current language in the S+W Master Plan indicates this proposal is not appropriate without an amendment to the Future Land Use Plan in the S+W Master Plan, the Foundation and County staff have worked together on an Area B Study which was recently endorsed by PACC, and CDD staff are now undertaking a CPA process to update the Future Land Use Plan for this "Area of Importance." Please also be advised that all applications for a zoning map amendment are evaluated relative to the thirteen "factors to be considered" specified in County Code § 18-33.27(B). (iii) broadly identify the planning, zoning, and other issues raised by the application that need to be addressed by the applicant: • Consistency with Comp Plan: As explained above, the current language in the S+W Master Plan indicates this proposal is not appropriate without an amendment to the Future Land Use Plan in the S+W Master Plan. However, staff acknowledge the Foundation's completed efforts to obtain PACC endorsement for the Birdwood Area B Study, and as noted above the subsequent Comp Plan Amendment process is now being undertaken by the County. • Historic Preservation: As discussed in multiple previous meetings, the proposed rehabilitation and reuse of the Birdwood Mansion and Grounds (and associated new development that is also being proposed) should be undertaken in a context -sensitive way that preserves the integrity of the historic resources — including the Mansion, the outbuildings, and all the elements of the historic landscape (including but not limited to the historic entrance/driveway). The proposal should include information about the planned treatment of the unused portion of the historic entrance/driveway. Page 2 of 4 The proposal should also include comments from the Virginia Department of Historic Resources (DHR) regarding the (conceptual) proposed alterations to the structure and the site. • Impacts to nearby area / RI Residential District: Staff acknowledges the comments made during the pre -app meeting regarding the Foundation's intent to undertake this proposed project with "focus on sensitive lighting and sound." Staff underscores the importance of mitigating visual and auditory impacts associated with the proposed uses and improvements. • Transportation Impacts: Updated traffic information must be provided for analysis by VDOT and the County. This updated traffic information may be provided in the form of a detailed narrative that identifies trip generation estimates, frequency of events, and size of events (with supporting graphic exhibits as may be necessary). Please include updated information about the intersection performance at Boar's Head Drive / Ivy Road, as well as the performance of the overall Birdwood — Boar's Head transportation network. Please also include an updated parking plan, as well as an updated event management plan, for the Birdwood Mansion and Grounds area as well as for the overall Birdwood — Boar's Head area. A formal Traffic Impact Analysis is not required with this submittal; but if the Foundation chooses to do so, updating and submitting the TIA that was completed for the currently active SP for the Birdwood property (SP201700032) could provide pertinent, useful data and analysis. • Zoning comments: Please carefully review the attached memo (dated 10/11/2018) provided by Lea Brumfield, Senior Planner, regarding Zoning comments and informational guidance. (N) applicable procedures: To request a Zoning Map Amendment (ZMA) for the proposed use: Submit an application for a Zoning Map Amendment (ZMA); submittal should also include associated Project Narrative and Concept Plan (which show and describe the proposed disturbance and any associated proposed mitigation practices), as described in the "Conventional District Zoning Map Amendment Checklist" (provided to you along with this comment letter). Coordinate and conduct a Community Meeting; per County Code § 18-33.24, all ZMA applications include a requirement for the applicant to hold a "community meeting" as one of the early steps in the permit review process. Please see the attached Community Meeting Guidelines for more detailed information about the applicant's responsibilities for conducting the required community meeting. Coordination of the community meeting should be conducted with County staff and elected and appointed officials within the first two weeks of the ZMA application being submitted. County review of the ZMA application includes the following steps: • County staff will review the ZMA application materials in coordination with members of the Site Review Committee, and will provide review comments to the applicant that identify any deficiencies with the application, including any additional information that needs to be submitted for further review before scheduling a public hearing or resubmitting the application with revised materials. • The Planning Commission (PC) will conduct a public hearing in accordance with applicable County and State Code requirements. The PC will vote to make a recommendation to the Board of Supervisors to either recommend approval or recommend denial. Page 3 of 4 • After the PC public hearing, the Board of Supervisors (BOS) will conduct a public hearing in accordance with applicable County and State Code requirements. The BOS will vote to approve or to deny the ZMA petition. (v) identify the information the applicant must submit with the application, including the supplemental information: • Completed "Conventional District Zoning Map Amendment Checklist" (attached) • Project Narrative (including trip generation estimates and other operational details identified on page 3 of this letter) • Conceptual Plan (updated "Birdwood Conceptual Plan" originally provided with SP201700032 and new "Birdwood Mansion and Grounds Detail" (or similar) for proposed new uses and improvements) • Updated Other Plans for Birdwood / Boar's Head area (for example: updated Event Management Plan, updated Parking Plan) • A copy of this Pre -App Comment Letter If you have any questions about the information provided in this letter, or if you wish to discuss the proposed project further, please contact me using the information provided below. Thank you very much; sincerely, Tim Padalino, AICP Senior Planner (434)-296-5832 x 3088 tpadalino@albemarle.org Attached: ■ Zoning Comments memo (dated 10/11/2018) ■ Zoning Map Amendment Application ■ Conventional District Zoning Map Amendment Checklist ■ Community Meeting Guidelines Page 4 of 4 J$��of A�Rrr� VIRGINIA County of Albemarle Department of Community Development Memorandum To: Tim Padalino, Senior Planner From: Leah Brumfield, Senior Planner Division: Zoning Date: 10/11/18 Subject: Mandatory Pre -Application Meeting Comments for UVAF Birdwood Rezoning on 10/3/18 1 Elise Cruz, Fred Missel The following comments are provided regarding the above noted pre -application meeting The applicant's proposed zoning map amendment would rezone a portion of TMP 07500-00-00- 06300 from R-1 — Residential to HC — Highway Commercial, with the intention of matching the zoning and its accompanying proffers to the HC zoning and proffers of TMPs 059D2-01-00- 00200 and 059D2-01-00-01500. All three parcels are owned and managed by the University of Virginia Foundation. The proposed rezoning would encompass the Birdwood Mansion and Grounds, including surrounding accessory structures, and all improvements associated with the proposed HC uses. The rezoning would allow sufficient distance between the highway commercial uses and the district boundaries for use buffer and setback limits. General Notes 1. Setbacks for the proposed HC zoning are: a) Front setback — 10 feet minimum, no maximum for structures existing on June 3, 2015 b) Side and Rear setback — 50 feet minimum for structures, and 20 feet minimum for parking or loading spaces, no maximum. c) Use buffer — 20 feet undisturbed use buffer abutting residential areas, to include screening as provided in Section 32.7.9. 2. The setback minimums and user buffer may be modified or waived by Special Exception, per Sections 4.20(3) and 21.7. For the use as described by the applicant during the 10/3/18 Preapplication Meeting, the applicant would require a Special Exception for the location of the Golf Practice Facility parking lot. The rezoning as described during that meeting did not appear to require any Zoning Comments Birdwood ZMA PreApp additional Special Exceptions, but this cannot be determined until after the County has received a plan showing proposed surveyed boundaries. This must be submitted for the ZMA application to be accepted as complete. 3. Parking is required to be established on the same lot as the primary use unless shared parking is involved. Parking minimums for the described uses of the rezoned Birdwood Mansion include: a) Inn use (Hotel, motel): One space per guest room b) Special events: One space per 2.5 participants, plus one space per employee 4. The applicant has noted their intention to use a tent for special events and weddings at the Birdwood Mansion, with the potential for a permanent events structure after 1-2 years. Zoning strongly recommends avoiding tents for special events, as they have a strong history of causing neighborhood concerns about noise. If a tent must be used, Zoning staff strongly recommends the employment of a sound engineer prior to designing the boundaries of the use and the tent placement, to minimize impacts on neighboring parcels. 5. The applicant has suggested proffers similar to the proffers of ZMA200400015, as they are familiar to the applicant's neighbors and will encourage good neighborhood relationships. Zoning staff agrees with this approach. 6. Staff suggests a proffer that allows the area now covered by the golf course special use permit to continue to comply with that prior approval. Process 7. Provide a completed application. Make sure all boxes are checked and you have provided the information noted on the application by that checkbox. ZMA Application link: http://www.albemarle.org/upload/images/forms center/departments/Community Developme nt/forms/Zoning Map Amendment Applications/Zoning Map Amendment Application.pdf The ZMA application will require a concept plan with the following elements: a) Surveyed boundaries of the proposed district b) Applicable use buffers and setbacks c) Noted requested special exceptions with justification 8. The ZMA application will also require a narrative describing the proposed rezoning's compliance with the comprehensive plan. This should address: a) General consistency with the Institutional comprehensive plan designation Zoning Comments Birdwood ZMA PreApp b) Parking plans for the proposed rezoned property. Please note that if parking for events at the Birdwood Mansion is intended to be located on TMPs 059D2-01-00- 00200 and 059D2-01-00-01500, the parking plans must include an instrument ensuring continuous provision of adequate off-site parking as described by the applicant. This instrument shall be provided and recorded before a site plan, site plan waiver, or zoning clearance is approved. 9. The ZMA or SP checklist is needed, with mandatory comments from County staff. 10. Provide a recorded plat of the property with the Deed Book & Page #. 11. Please note that all real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle must be paid prior to accepting the application. 12. The appropriate signature of the owner, the owner's agent, or a contract purchaser. If either the owner's agent or a contract purchaser signs the application then include the owner's written consent that the agent or contract purchaser may file the application on their behalf. See below for applicable signature requirements for ownership not in the name on an individual person or persons. a Birdwood Mansion and Grounds Zoning Map Amendment October 29, 2018 • x x#/ N�. Sas \, "s'y mss. - } s Env - a L 'ter a x� *9Fd° • ac' ` �• �' •� � f°��a t av-, �„ 9-• .,� F : ...„ ,, �"."`��.✓„ �a ,. ..J..f ,7' ., ,yp s; A‘t, Project Proposal On behalf of the University of Virginia Foundation (the "Foundation"), we hereby request the approval of a Zoning Map Amendment("ZMA")for portions of Tax Map Parcel 07500-00-00-06300 (the "Property"). We specifically request for 18.26 acres surrounding the Birdwood Mansion to be rezoned from R-1 Residential to Highway Commercial ("HC") with proffers.The purpose of this ZMA is to allow for the renovation of the Birdwood Mansion and grounds for use as a special events venue that includes overnight lodging. Currently, the Property is governed by SP2017-00032, in which the existing approvals for the Birdwood Golf Course Parcel were consolidated into one Special Use Permit approval. SP 2017-00032, approved by the Board of Supervisors in August 2018, included an overall Conceptual Plan to be referenced, as well as detail sheets for each of the previously approved elements of the Property such as the Indoor Golf Practice Facility, the Outdoor UVA Tennis Facility and the Permanent Connector Road. The use of the Birdwood Mansion and Grounds for new uses was specifically excluded from the approval of SP2017-00032. Condition 5 of the approval reads, "No change inuse of the Birdwood Mansion is permitted through this Special Use Permit Amendment." In addition, Special Event Venues and Inns are not permitted uses in the R-1 zoning district. Thus, the Foundation proposes the rezone an 18.26-acre portion of the Property to HC, as shown on the attached Rezoning Boundary Exhibit prepared by Roger W. Ray &Assoc., Inc., dated October 18, 2018, revised October 29, 2018. The proposed HC zoning district and proffers conform generally with the zoning and proffers that are associated with the adjacent Boar's Head Inn and Sports Club property, which are also owned and operated by the Foundation. 1 1 Existing Uses: The entire Birdwood parcel consists of 544.078 acres, is zoned R-1, and is designated for Institutional use in the Comprehensive Plan. The Birdwood Golf Course consists of: the golf course, numerous streams and ponds (partially wooded),the Birdwood Clubhouse, and dependent maintenance and storage structures as well as the Birdwood Mansion and dependent structures, including four buildings currently rented for residential purposes. The property also includes the Indoor Golf Practice Facility and Permanent Connector Road. An outdoor tennis facility for the UVA Tennis Team will soon be under construction and the golf course will undergo a complete redesign. All portions of the property outside the 18.26-acre area that is the subject of this ZMA will remain R-1 Residential zoning and subject to the conditions of approval for SP2017-00032. Background: The Birdwood Mansion was constructed between 1819 and 1830 under the ownership of William Garth; the entrance drive was also built at that time. It has been suggested that Thomas Jefferson's workmen may have assisted with the construction of the buildings due to the shared classical characteristics of the Birdwood structures and the contemporaneous University of Virginia pavilions. The historic core surrounding the House contained more designed landscape features, while the remainder of the property was an agricultural landscape. In 1967,the University of Virginia purchased the first of several portions of the Birdwood property.The University built a golf course at Birdwood,thus maintaining the open quality of the former agricultural fields.The University has maintained the property ever since with few major alterations. The Birdwood Mansion and Grounds, as the centerpiece of the Property, is listed on the National Register of Historic Places and Virginia Landmarks Register. Proposed Uses: The Foundation proposes the renovation of the Birdwood Mansion to annually host approximately 24 weekend events for wedding and reception activities with an estimated average of 100-120 attendees,and approximately 96 weekday business related gatherings with an estimated average attendance of 25-30 attendees. The existing bedrooms of the Birdwood Mansion would be available for overnight lodging. Parking for the Birdwood Mansion events will be accommodated through select parking lots, both existing and proposed. The Conceptual Plan includes some proposed additional parking in the vicinity of the Birdwood Mansion and illustrates the new parking area for the Indoor Golf Practice Facility. Additional parking is also available at the Golf Clubhouse with the option to shuttle guests from that parking lot to the Birdwood Mansion. The attached Proffer statement includes the requirement for the Foundation to update the Event Management Plan for Birdwood and Boar's Head prior to a Certificate of Occupancy for the Birdwood Mansion,to ensure management of this newly renovated resource is well-integrated into the overall management of both properties by the Foundation. The extensive project team for the proposed renovation of the Birdwood Mansion and Grounds is a collection of experts. The team has been working together for years to study the property and assess the best strategies to ensure the success and preservation of this historic resource for future generations. The proposed landscape and site enhancements will be guided by expert opinion and previous site studies such as the Birdwood Landscape Site Protection and Stewardship Strategies Plan (University of Virginia Foundation, 2 2015), and ongoing guidance and input from the Department of Historic Resources. The Foundation will pursue historic tax credits for the renovation of the Birdwood Mansion and thus will be adhering to Secretary of the Interior Standards for Historic Renovations. Birdwood Mansion and Grounds Project Team: UVAF:Tim Rose, Fred Missel,Jim Wilson, Pat McCann, Dave Jefferson UVA Office of the Architect: Brian Hogg (Senior Historic Preservation Planner), Mary Hughes (University Landscape Architect),Tom Contos (Senior Architect/Planner) UVA Facilities Management:Jody Lehandro (Supervisory Historic Preservation Architect) Landscape Design: Rachel Lloyd Evans,AECOM Architecture: Kathy Frazier, Frazier and Associates Boar's Head: Russ Cronberg, General Manager The property surrounding Birdwood and Boar's Head consists of multiple neighborhoods, such as Bel-Air to the east,White Gables and Kenridge to the north, Ednam and Ednam Village to the west, and Ednam Forest to the south. The Foundation meets regularly with representatives of the property owners'association for each of these neighborhoods to update them on proposals involving the Boar's Head Inn, the Sports Club, and Birdwood. A Community Meeting specific to this ZMA request is being planned for November 2018, or at the regular neighborhood meeting on December 10. Traffic Analysis: As part of this submittal package, a memo regarding traffic generation was provided by Vanasse Hangen Brustlin, Inc. ("VHB"), as an update to the previous study of the existing conditions of the Boar's Head and Birdwood properties as well as any impact of the proposed uses included in this ZMA request. VHB provided an extensive traffic impact analysis("TIA")that accompanied the approval of SP201700032 for the proposed UVA Outdoor Tennis Facility, Par 3 Golf Course and Permanent Connector Road. The TIA concluded that the uses proposed with SP 201700032 would not significantly impact any of the surrounding intersections. The VHB memo included with this ZMA accounts for all of the previous data collected through the TIA, as well as new trips generated by the proposed special events use at the Birdwood Mansion and Grounds. Both studies from VHB conclude that the proposed uses, including those of this ZMA, will not have any significant impact to the surrounding intersections. In addition, Conditions 8 and 9 of SP 201700032 require follow up analyses of intersections and traffic patterns by the Foundation to ensure the accuracy of the TIA. Specifically,the TIA concluded that no new signal is required at the intersection of Boar's Head Drive and Route 250. Follow up analyses are to be provided at 12 and 24 months following the opening of the Permanent Connector Road. Given the additional trip generation of the uses proposed with this ZMA,the Foundation, in collaboration with County staff, has agreed to a proffer that instead performs follow up analysis at 12 and 36 months following the issuance of a Certificate of Occupancy for the Birdwood Mansion. This new proposal, supported by County staff, ensures time for traffic patterns associated with Birdwood and Boar's Head to assimilate with the various proposed uses of the properties. Consistency with the Comprehensive Plan The Southern and Western Neighborhoods Master Plan (the "Master Plan") land use plan classifies the Property as Institutional. Institutional uses include areas and uses which serve a public function and include 3 parks, schools, universities and ancillary facilities.The adjacent Boar's Head property with HC zoning is classified as Neighborhood Mixed Uses,which include neighborhood serving retail and service uses for nearby residential neighborhoods and office uses.The Master Plan also calls for the historic Birdwood Mansion and important dependencies to be retained with future development. Prior to the submittal of this ZMA proposal,the Foundation created an Area B Master Plan (the "Area B Plan," attached)for the Property to guide future development. The Area B Plan was coordinated with the University of Virginia,Albemarle County Staff, PACC Tech, and PACC, as well as members of the surrounding community. The Area B Plan was officially endorsed by PACC on September 20, 2018, and includes a section with guidance regarding the Birdwood Mansion and Grounds that is consistent with this proposal. Currently, County staff is utilizing the Area B Plan as they process a related update to the Master Plan section of the Comprehensive Plan that will ensure the proposed uses are harmonious. As mentioned,the primary goal for the Birdwood Mansion is protection of the historic resources. This proposed ZMA ensures that protection through a renovation project that is coordinated with the Virginia Department of Historic Resources and a proposed use that sustains the long-term maintenance needs of such a resource. The Comprehensive Plan currently addresses the potential future development of the Birdwood property to more intensive uses that are not consistent with the Institutional land use designation, including a mixed- use center near the property entrance and a residential development on the rear portions of the property that are currently vacant. While the proposed uses are not considered intensive, a Comprehensive Plan Amendment is currently being processed by staff to ensure that the ZMA and Master Plan are in sync with one another. The full text of the most applicable current section of the Albemarle Comprehensive Plan is included below for your reference: The Birdwood property(Figure 27),currently owned by the UVA Foundation,is the University's golf course. It is shown for Institutional uses. It is affiliated with the adjacent Boar's Head Resort, which is also owned by the UVA Foundation. Encompassing over 500 acres, the property is in Area B and includes an 18-hole golf course as well as a historic mansion. Dependencies are present near the entrance to the property. The golf course is available to students,faculty, and the general public. The mansion provides a venue for small University related events. In the future, this large property may serve a more intensive function than it does presently. Possible considerations include, but are not limited to,a mixed-use area near the entrance and residential uses for other parts of the property not designated as a part of the Parks and Green Systems. Before further development of the property occurs, an amendment to the Future Land Use Plan for the Southern and Western Neighborhoods will be needed. The historic mansion and important dependencies should be retained in any future development.An interconnection to the Boar's Head property should be provided. Pedestrian connections to nearby residential developments should also be considered. Source:Albemarle County Comprehensive Plan,Southern and Western Urban Neighborhoods Master Plan,pages 44&45 Impacts on Public Facilities & Public Infrastructure No known impacts. 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THE BOUNDARY DATA SHOWN HEREON WAS 'CALCULATED BASED ON FIELD WORK PERFORMED BY THIS FIRM IN 2014 AND A PLAT PREPARED BY THIS FIRM. LAST DATED REVISED FEBRUARY 18, 2015,ROTATED TO GRID NORTH, AND WAS NOT SURVEYED THIS WE. ALL BUILDINGS SHOWN HEREON WERE TAKEN FROM THE PLAT BY TM/SFIRM, LAST DATED FEBRUARY 18. 2015. (2014) DENOTES YEAR MONUMENTATION WAS PREVIOUSLY FOUND BY THIS FIRM. 3. NO TITLE REPORT FURNISHED. NO EASEMENTS SHOWN. THIS PROPERTY IS SUBJECT TO ANY CONDITIONS, UTILITIES, EASEMENTS AND/OR COVENANTS THAT MAY EXIST. MAP SHOWING PROPOSED AREA FOR REZONING (18.26 ACRES) ON TAX MAP 75 PARCEL 63 THE PROPERTY OF UNIVERSITY OF VIRGINIA FOUNDATION LOCATED ON U. S.ROUTE 250 (IV? ROAD) SAMUEL MILLER DISTRICT ALBEMARLE COUNTY, VIRGINIA SCALE: 1" = 200 ' DATE: OCTOBER 18, 2018 FOR UNIVERSITY OF VIRGINIA FOUNDATION ROGER W.RAY & ASSOC., INC. 663 BERKMAR COURT CHARLOTTESVILLE, VIRGINIA 22901 TELEPHONE: (434) 293-3195 GL RAYSURVEYING.COM SHEET 1 OF 2 14256A (.) 0 Cn U.S.rRTE VY ROAD 250 (D VARIABLE WTOTM � '�: VDH 37 . B.750-373: 3'76 /W ) MONUMENT e5 48'02,, LAT = (2014) :1Q 6•s..D4, 6. Oq o 583.13"5j 1 / ;:B E .3.4.91' z, /III:-00) VDH / 159 91 ' VDH `� / I MONUMENT i, MONUMENT cp ,'.;tg -,1I (20 14) / (2014) o /�Co u!.: / •' / /�ci ` ,.a / v. T.M. 75-63 •�� e'er i.' ` i TRACT B ,.;•�'• d",0 gyp,ts4 4j tz0.,,t"T ' o o71 ° / .' %•/17fga ; .. 1 o II "�r'1 l `Y Y / • 1" T.M. 75-63 1/ / 0 3-STORY if ��t TRACT B Q Y/ ,/ BRICKLPROPOSED . 10 • AREA FOR 1 cc+ o/ "- 441 BRICK REZONING 1 01 rIIo BLDG.- 18. 26 ACRES ‘S o., / /0 BRICK--,,,/., o �n•� BLDG. U BRICK ��? "I p BLDG: `y ~�-BRI.CK 1 II / -STORY & FRAME / Ci„...si BRICK BLDG. d ` BLDG. FRAME / 1-STORYBLDG, N69 '00 '00"W--� BLOCK 6 ROCK !o 225.00' 9 BLDG. 1-STORY BRICK C FRAME. k ' ' '' N21 °0O'00"E----'71 W/BSMT. /17 80.00' \ '__^ / 1/4.33 co'.ro 0\ 1-STORY /a 4 .o0\ ��.� W/BSMT. .7176.7i).6..".' 7g X10` ... / 3g5,0g Q„v.... 4 T.M. 75-63 TRACT B UNIVERSITY OF VIRGINIA FOUNDATION D.B.4662-577 & 578 PLAT D.B.4507-210 D.8.2933-85 PLAT D.B.2712-325 D.B.750-376 PLAT D..B 567-199 PLAT D.B.555-514 & 515 PLAT D.B.419-541 PLAT SCALE; 20O D.B.419-539 PLAT DATE: OCTOBER 18, 2018 ROGER W.RAY 6 ASSOC-.; INC, GRAPHIC SCALE 1"=200 ' 663 BERKMAR COURT' CHARLOTTESVILLE, VIRGINIA 22901 mummuummi TELEPHONE: (434)` 293-3195 �— Eam liminiiiiiiimmilli mommilmen RAYSURVEYING.COM 0 200 400 600 GL SHEET 2 OF 2 14255A BIRDWOOD MANSION AND GROUNDS ZMA 2018-000_ PROFFERSIAIEMENT Date: October 23, 2018 ZMA#: ZMA 2018-000 Tax Map Parcel#: 07500-00-00-06300(portions of) Owner of Record: University of Virginia Foundation 18.26 acres to be rezoned from R-1 Residential("R-1")to Highway Commercial("HC"). The following property is subject to rezoning application ZMA°201 8-000_(the"Application")and thus to this proffer statement: a portion of Tax Map Parcel 07500-00-00-06300 shown as"Proposed Area of Rezoning 18.26 acres"on the Rezoning Boundary Exhibit,prepared by Brian S.Ray, dated October 18,2018 and attached hereto as Exhibit A(the"Property"). The Applicant and owner of the Property is University of Virginia Foundation(the "Owner"). 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 33.22 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 Elise Cruz and dated October 29,2018,and attached hereto as Exhibit B (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 the date of approval of ZMA 2018-00 , 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 exist on the date of approval of ZMA 2018-00 , 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. 1 29. Office and business machine sales and service. 30. Eating establishment; feed restaurants. 31. Retail nurseries and greenhouses. 32. ... . . . . .. . . 33. Wayside stands vegetable and agricultural produce(reference 5.1.19). 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. 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. (Added 9-15-93). 43. Farmer's market(reference 5.1.47). (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 yards. 47. . .. • . - . . . .. - -- • . _ • --- 111 .. e - ••-• . • . • • • - -- - 48. . . - . . . . ., • . .. 4 111 - - . grass peer area.ef the establishment may exceed 4,000 square feet per site by special exception approved by the board of supervisors. . . ' - . 1.e - • . .. exception approved by the board of supervisors. 50. 9 . - _ . . - - . . 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. 3 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. Dwellings (reference 5.1.21). 21. (Repealed n 3 i 3* 22. 23. .. . . . . ..' . . 24. Indoor athletic facilities. (added 9-15-95) 25. (Repealed 5 5 10). 26. Stormwater 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 hotel, motel or inn, or any other uses permitted as by-right per this proffer statement. 3. Prior to issuance of a certificate of occupancy for the Birdwood Mansion and Grounds, the Owner shall submit for approval by the Zoning Administrator a current Event Management Plan to provide adequate parking for the public during 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 on the Property or the adjacent Boar's'Head property with additional access to the Property either by shuttle service or on foot, at the discretion of the Owner. Parking may also be provided in other parking areas controlled«rby 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 a.s necessary given the size and nature of a particular event, for tie 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. 4. 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. This proffer includes the option, at the'written request of Albemarle County, to delay the required warrant analyses, referenced in the preceding sentence, to instead be studied by the Owner at approximately 12 months and 36 months following the issuance of a Certificate of Occupancy for the Birdwood Mansion and Grounds. The County's written request for the timing of traffic analyses described in this Proffer#4 shall include the confirmation that in satisfying Proffer#4, Conditions #8 and #9 of SP201700032 are also satisfied. 5. Any portion of the Birdwood Golf Course that is included within the Property shall continue to comply with the conditions of the most current approvals associated with that use. 5 Exhibit"A" Rezoning Boundary (attached) 7 6.0„, „v. To: Elise Cruz Date: October 26, 2018 Memorandum Real Estate Project Coordinator University of Virginia Foundation Project#: 34283.00 From: Christopher Daily, P.E. Re: Birdwood Mansion Zoning Map Amendment Jon Bonghi, P.E. Introduction: At the request of the University of Virginia Foundation, VHB conducted a review of the Zoning Map amendment for the Birdwood Mansion (i.e., 500 Birdwood Drive) to modify from the current R1 zoning to a proposed HC-Highway Commercial zoning to allow the Birdwood Mansion to be utilized as an event center for special events, including weddings, business events, and other gatherings.VHB was asked to review the proposed amendment with respect to the anticipated traffic generated by the revised usage and the potential impact on the intersection of Boar's Head Drive (formerly Golf Course Drive)/ Ivy Road (US 250)1. Anticipated Usage: The property management staff anticipates the Mansion to annually host up to 24 weekend events for wedding/reception activities with an estimated average of 100-120 attendees, and up to 96 weekday business related gatherings with an estimated average attendance of 25-30 attendees. New Traffic/Generated Trips: For the purposes of reviewing traffic impacts to the public road network, the wedding events were identified as the focus of this review since these events are anticipated to produce a higher rate of attendance and therefore a higher rate of traffic/trips to and from the facility. Typical wedding ceremonies occur outside of the peak traffic period of the adjacent road (Ivy Road), primarily on weekend afternoons. Based on a recent study performed for the Colorado Department of Transportation, the wedding party,wedding guests, and photographers/event staff represent 10% of those attending the wedding and arrive more than one hour before the ceremony. The remaining 90% arrive during the one-hour period before the ceremony. With a conservative estimated attendance of 120 attendees, according to the 10% assumption, approximately 100 of the attendees will arrive in the hour prior to the event. Also gleaned from the Colorado DOT study, it was established that wedding attendees tend to travel together as couples, families, or groups of friends with a passenger/vehicle The portion of the entrance road that begins at the junction of the "connector road" and continues to the Golf Club House continues to be identified as Golf Course Drive. VHB, Inc. 115 South 15th Street, Suite 200, Richmond,VA 23219 P 804.343.7100 Ref:34283.00 October 26, 2018 Page 2 ration of 2 to 2.5 guests per vehicle.The resulting anticipated number of new vehicular trips arriving to the Mansion Property is 40 vehicles per wedding event. Trip Distribution: Property management Staff anticipates event attendees will utilize the parking facilities at the Birdwood Golf Course located to the South of the Mansion Property at the end of Golf Course Drive. Given the location of the parking facilities it is assumed that all new vehicle trips will enter the property via the Boar's Head Drive/Ivy Road intersection. Previously accepted traffic distribution from the east and west were retained for this analysis: 80% of the new trips would be traveling from the east and making a left onto Boar's Head Drive, while 20%would be traveling from the west and making a right onto Boar's Head Drive. Trip Origin „ift �� Percentag u er of Trips From the East of Boar's Head Drive 80% 32(WB Lefts) From the West of Boar's Head Drive 20% 8(EB Rights) Impact on Intersection: The peak event (i.e., wedding) trip generation will typically not occur during the normal week day peak hours. Consequently, it is unlikely that the trips generated by these events will have any significant impact on the Ivy Road/ Boar's Head Drive intersection performance during the peak traffic conditions on Ivy Road. But to demonstrate the absolute worst-case condition, this analysis evaluated intersection performance if the event traffic did coincide with the PM peak of Ivy Road. VHB did perform a sensitivity analysis using Synchro for the PM peak hour to see the comparative delay and LOS of the intersection in a worst-case scenario if event traffic were to coincide with the weekday PM peak hour, assuming the intersection continued to operate under the existing two-way stop control condition. The background volumes represent the forecasted volumes on Boar's Head Drive after renovations to the Golf Course and Tennis center and the Connector Road is in place (i.e., the volumes used in the Traffic Impact Analysis conducted in support of the Golf and Tennis SUP). Table 1 shows that there is negligible effect on the operations along Ivy Road at the Boar's Head Drive intersection in terms of delay and queuing with the addition of the event traffic. The intersection LOS has negligible change and the queues in the westbound left-turn bay remain at approximately one vehicle length. Table 1. —Comparison of Golf Course Drive/Ivy Road Intersection Performance Metrics w/wo Addition of Birdwood Mansion Event Trips Intersection WB WB Approach LOS (delay) LOS (delay) Queue \\vhb\proj\Richmond\34283.00 Boars Head Parking\tech\Birdwood Mansion-Parcel Rezoning Ref: 34283.00 October 26, 2018 Page 3 Approach Level of Service (Delay), Prior to A(<5 sec/v) B (9.4) 15 ft Mansion Event Trips Approach Level of Service(Delay), With Mansion A(<5 sec/v) B (11.9) 21 ft Event Trips Conclusion: Given the nature and size of the events to be held at the Birdwood Mansion and the minimal number of additional trips added to the roadway network, there would be negligible impacts to the performance and operations of the Ivy Road/ Boar's Head Drive intersection. Figure 1 - Site Location: pt '<rs: i < ; ty � M ~` s ",fN �< q,4„"•' + 'A / tTj • • ) , ,,,,,, , . t„,,,,,,t,• ,vel,*,. • . • • . 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' . 4 „....kfr.- T :,:,.:-,--,..w.P.':' .'w 4 0,1,,,,.,,,,,,4„....! tic:at...444:.ty,.,,,,,,, ,5....: :...A.„,,,,i,, ,,,,,i,„4 0:4..,;.;...:.46,ii..4i0i;vf,,,k_, ,:,.::.., , ite Parking ' , ...t".i.:!'..:.:.::;:.T.'..-....1t:.'*7*I-.....'... . ,-A,,!ff.;:'At:,.Ta4-.-'<.'':k,'_., ,,,:,''. . --s,,,,;:,-. t?..,:w.,.---'-..' \\vhb\proj\Richmond\34283.00 Boars Head Parking\tech\Birdwood Mansion-Parcel Rezoning . k • WILLIAMS M U LLE N Direct Dial:434.951.5709 vlong@williamsmullen.corn October 29, 2018 Tim Padalino, AICP Senior Planner Community Development Department County of Albemarle, Virginia 401 McIntire Road Charlottesville, VA 22902 RE: UVA Foundation, Birdwood Mansion and Grounds - Special Exception Application Mr. Padalino: On behalf of our client, the University of Virginia Foundation (the "Foundation"), we would like to request relief from certain provisions of Section 4.20(a) and Section 21.7(c) of the Zoning Ordinance in the form of a special exception. This request would apply to the 18.26 acre portion of Tax Map Parcel 75-63 that is subject to the zoning map amendment application ("ZMA") for the Birdwood Mansion and Grounds, which area is shown as "Proposed Area for Rezoning, 18.26 Acres" on the attached exhibit prepared by Roger W. Ray &Assoc., Inc. entitled "Exhibit Showing HC Setback Requirements on the Proposed Area for Rezoning," dated October 18, 2018 (the "Setback Exhibit") (the "HC Property"). The proposed ZMA would rezone the HC Property from R-1 Residential to Highway Commercial ("HC"). The remaining portions of the Birdwood property, including the golf course, would continue to be zoned R-1 Residential (for purposes of this Special Exception request, the remaining portions of the Birdwood Property are hereinafter referred to as the "R-1 Property"). Because the proposed ZMA would result in the HC Property being immediately adjacent to the R-1 Property, new setback regulations and buffer requirements would apply to the HC Property. If approved by the Board of Supervisors, the Special Exception would accomplish the following: 1. Reduction of the minimum side and rear setbacks on the HC Property. 2. Allow parking within twenty (20) feet of the edge of the district boundary 3. Allow grading within twenty (20) feet of the edge of the HC Property, within the Buffer Zone created by Sec 21.7(c). 4. Eliminate the screening requirement within the Buffer Zone. The Foundation is the owner of the entirety of Tax Map Parcel 75-63, which contains 544 acres and includes the historic Birdwood Mansion and Grounds, as well as the Birdwood Golf Course, Clubhouse and Indoor Practice Facility (the "Parcel"). The Parcel will also soon incorporate the UVA Outdoor Tennis Facility. The Foundation proposes a ZMA that applies to the HC Property, which is the area immediately surrounding the Birdwood Mansion, to allow for the renovation of the Birdwood Mansion for use as a special events venue with overnight lodging. The HC Property will remain a part of the Parcel, however HC zoning is necessary to allow for the proposed uses. The primary goal of this application is to create uses that will allow the Foundation to carefully renovate and indefinitely sustain this important historic resource. The Parcel, including the HC Property, will remain under the common ownership of the Foundation, 321 East Main Street, Suite 400 Charlottesville,VA 22902 T 434.951.5700 F 434.817.0977 williamsmullen.com I A Professional Corporation , October 29, 2018 Page 2 and will be operated through the Boar's Head Resort. Thus, although the Parcel will have multiple zoning districts, it will function as a unified experience and will further be incorporated into the overall Boar's Head Resort. To accomplish these goals seamlessly and protect the existing historic resources, including the mansion and several of the surrounding buildings, the Foundation requests a special exception to obtain relief from Section 4.20(a) and Section 21.7(c) of the Zoning Ordinance. For all four requests, which are more specifically outlined below, the Special Exception will allow for a more sensitive treatment of the historic resource and surrounding landscape, while ensuring that it remains appropriately integrated within the setting of the Parcel and the Boar's Head Resort. 1. Reduction of the minimum 50-foot side and rear setback Section 4.20(a) of the Zoning Ordinance established addresses minimum setbacks for the side and rear of the HC Property. No structure may be located closer than 50 feet from the district boundary. The attached Setback Exhibit displays the boundaries of the proposed rezoning as well as the required minimum setbacks for the HC district. Specifically, it depicts the 50-foot side and rear building setback as "50' SBL." Several of the existing buildings that will be retained through the ZMA are already located within the 50-foot setback line, as shown on the Setback Exhibit. Because the HC Property and the R-1 Property will continue to operate under unified control, and because the nature of the ZMA is not impactful to the surrounding R-1 Property, it is important that we continue to view both the HC Property and R-1 Property as unified. Maintaining flexibility while protecting historic resources is important to achieve this goal, thus we request that the minimum 50-foot side and rear setback be waived (reduced to zero) to ensure the existing buildings are not considered non-conforming. 2. Allowance of parking within twenty (20) feet of the edge of the district boundary Section 4.20(a) of the Zoning Ordinance, Setbacks, Side and Rear-Minimum (ii), provides that "no off-street parking or loading space shall be located closer than 20 feet to the district boundary." The Setback Exhibit depicts the 20-foot setback line for parking and loading areas as "20' Parking SBL." The parking area for the Indoor Golf Practice Facility, as approved by SP 2017-00009, encroaches within this 20-foot parking setback area. Some additional parking will be provided on the HC Property to accommodate the special event venue at Birdwood Mansion, the exact location of which is to be decided. To preserve maximum flexibility in finding the best parking solution for the HC Property and the proposed uses thereon, we request that this regulation be waived. 3. Allowance of grading within the Buffer Zone Section 21.7(c) of the Zoning Ordinance requires that "No construction activity including grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or rural areas district." As mentioned under request 2 above, the parking area for the Indoor Golf Practice Facility falls within this buffer zone, and additional parking areas and necessary site circulation may also occur within the buffer zone. Because the HC Property is surrounded by the Birdwood Golf Course and is not adjacent to any residences, this buffer zone is not necessary in the same way it would be for a standard commercial project that directly abuts a residential property or district. The logic of this section of the ordinance is sound, yet it just does not apply in this October 29, 2018 Page 3 particular instance. Thus, we request a waiver of this regulation to allow for the necessary flexibility to improve the site in a way that is protective of the historic resource and compliant with the proposed ZMA. 4. Elimination of the screening requirement within the Buffer Zone See request 3 above. For the same reasons, we request a waiver of the screening requirement within the buffer zone. Section 21.7(c) of the Zoning Ordinance requires that"screening shall be provided as required in section 32.7.9." Application of waiver provisions of Section 21.7(c) to requests 3 and 4 herein: Section 21.7(c) of the Zoning Ordinance also provides for relief from the above restrictions if certain criteria are met. The language of Section 21.7(c) is as follows: "The board of supervisors may waive by special exception the prohibition of construction activity, grading or the clearing of vegetation in the buffer in a particular case upon consideration of whether: (i) the developer or subdivider demonstrates that grading or clearing is necessary or would result in an improved site design; (ii) minimum screening requirements will be satisfied; and(iii) existing landscaping in excess of minimum requirements is substantially restored." Applying the waiver criteria to requests 3 and 4 herein: (i) Grading or clearing is necessary or would result in an improved site design; Grading or clearing within the buffer zone may be necessary to accommodate parking and/or circulation for the optimal functioning of the HC Property. Because the district boundary translates as the edge of the HC Property, this area is furthest away from the Birdwood Mansion. Thus, work is this area may be most appropriate to allow for preservation of some of the more sensitive areas within closer proximity to the mansion. (ii) Minimum screening requirements will be satisfied; and The entire site landscape and planting plan will be considered in the context of what is most appropriate to the historic resources. As such, the Foundation has engaged Rachel Lloyd of AECOM to study the historic landscape and advise on any proposed plantings and other site design elements associated with the ZMA request. Thus, no minimum screening is necessary to protect the R-1 Property. (iii) Existing landscaping in excess of minimum requirements is substantially restored. Because of the nature of the HC Property, the larger R-1 Property, and the structures on the HC Property being historic resources rather than a standard commercial development, the buffer requirement and related requirement to replace the buffer zone with additional landscaping is not applicable to this proposal. As mentioned, the overall landscape will be carefully considered in conjunction with the overall renovation of the Birdwood Mansion and Grounds. y • October 29, 2018 Page 4 This consideration will include the provision of buffering and other plantings as necessary and appropriate for features such as parking areas that were not historically part of the landscape. In sum, the proposed waiver requests allow for the greatest sensitivity to the existing historic resources on the HC Property as the Foundation carefully renovates the structures and site in preparation for its use as a special events venue with overnight lodging. We appreciate your assistance as the Foundation works to ensure the viability of this important historic resource for the community and future generations. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, ++ 11 Valerie W. Long 37199922_2 t ' GRAPHIC SCALE 1"=200 ' L., a EN — — miiiii cn EN 0 200 400 600 U) U. S. R71:, 250 > VDH IVY 1 SBL DENOTES SETBACK LINE MONUMENT (0. ,. _R5BLE 2TH R/W 376 PLAT) -1/0"--- VDH S7.4 .49, , 1 MONUMENT 256 0 09,, VDH = �� 4' (2014) 186. MONUMENT 04'; , S83°13'51,, (2014) o 70.00, , '/ ,._ E_374.91 ' ) z m� .I/ V 159.91'0/ o cc N21 °59'35"E / o / 215.00' 0 310.69' 1 ? ;' / Q �, , 10'MINIMUM SBL / Q7,,Q/; / / : 0 0 'Q V / (ZONED R1) !" o 00,,Q co . . T.M. 75-63 -" "0p/i No o;; ,, o /o. TRACT B "' 1-, //7 3;i ki co ti /o o P� �i Q./ •��v O ,Q� o , 44/4'),Z ,' 1/ o" o � ' \ ,' . \-:._, (ZONED R1) ,p% T.M. 75-63 h/ 3-STORY \ TRACT B o;" ca co BRICK i PROPOSED \ Q o/ BLDG. \o y, o/ �~ BRICK REZONING AREA FOR \\ QQ-; Q� // Q000 BLDG. 18. 26 ACRES \\o % cv BLDGK� BRICK \\'o BLDG. \ / 1-STORY 4 -BRICK \ 11 / BRICK & FRAME %�/ d BLDG. BLDG. Dov , FRAME / N69 °00,'00"W-� 1-STORY BLDG. ?o /. BLOCK & ROCK 225.00 ' �P BLDG. 1-STORY oct, - - /oo ,./ BRICK & FRAME Q /�' ' N21 TO'00"E-4 W/BSMT. o,Q /h';'# 80.00' 'L\ `Sp• ry�//, \ rB vo 1-STORY /p po\ BRICK /o .00,0\ W/BSMT. /;) \ co co N56��- iv SBl // (ZONED R1) 385 00 0"W T.M. 75-63 TRACT B UNIVERSITY OF VIRGINIA FOUNDATION D.B. 4662-577 & 578 PLAT D.B.4507-210 D.B.2933-85 PLAT D.B.2712-325 D.8. 750-376 PLAT D.B.567-199 PLAT EXHIBIT SHOWING D.B.555-514 & 515 PLAT HC SETBACK REQUIREMENTS D.B.419-541 PLAT D.B.419-539 PLAT ON THE PROPOSED AREA FOR REZONING SCALE: 1" = 200 ' DATE: OCTOBER 18, 2018 REVISED: OCTOBER 29, 2018 FOR UNIVERSITY OF VIRGINIA FOUNDATION ROGER W. RAY & ASSOC., INC. 663 BERKMAR COURT CHARLOTTESVILLE, VIRGINIA 22901 TELEPHONE: (434) 293-3195 GL RAYSURVEYING.COM 14256A