HomeMy WebLinkAboutSP201700023 Special Exception Special Use Permit 2018-04-04COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
To: Albemarle County Board of Supervisors
From: Tim Padalino, AICP
Date: April 4, 2018
Re: Request for Special Exception to waive the "Minimum Yard Requirements — Buffer zone
adjacent to residential and rural areas districts" for the Boar's Head Connector Road
TMP: 059D2-01-00-01500
Magisterial District: Samuel Miller District
School Districts: Western Albemarle H.S.; Henley M.S.; Murray E.S.
Zoning District: Highway Commercial HC
Summary of Request for Special Exception:
The University of Virginia Foundation (UVAF) has recently submitted ZMA201700010, which requests
permission to use a private street (the `Boar's Head Connector Road" or "connector road") on a permanent,
unrestricted basis. This connector road was previously approved by the County for temporary use, with conditions
(SP201700023); and the County is currently reviewing the engineered road plans (SUB201700203).
Because the construction of this connector road in a commercial zoning district would include land disturbance
and grading within 20 (twenty) feet of adjacent residential zoning districts, this proposed project requires a special
exception pursuant to County Code § 18-21.7(c).
More specifically, UVAF is requesting that the County grant a special exception to waive the "buffer zone
adjacent to residential and rural areas districts" requirement contained in County Code § 18-21.7(c), to "allow
grading within twenty (20) feet of the adjoining R-4 Residential district (Ednam Village) and R-1 Residential
district (Birdwood) in order to construct the proposed Birdwood Connector Road (the "Connector Road'), as
shown on the attached Roadway Plans (Sheets C4.01 and C4.02, the "Roadway Plans') and Grading Plans
(Sheets C7.01 and C7.02, the "Grading Plans'), which are related to SUB201700203, currently under review by
the County. " (Attachment A)
With regards to the findings contained in the Staff Analysis (Attachment B), inclusive of the criteria to be
considered pursuant to Albemarle County Code 18.21.7(c) (i), (ii), and (iii), staff recommends approval with
conditions of this request for a special exception.
Staff Recommendation:
Staff recommends that the Board adopt the attached Resolution (Attachment C) to approve the special exception
request (Attachment Q.
Attachments:
A — Application Materials (Special Exception Application; Proposed Landscaping and Screening Exhibit;
Roadway Plans; Grading Plans)
B — Staff Analysis
C — Resolution
APPLIC ATiON FOR A SPECIAL EXCEPTION
''Request for a waiver, modification, variation ❑ Variation to a previously approved Planned
or substitution permitted by Chapter 18 = $457 Development rezoning application plan or
Code of Development = $457
OR
❑ Relief from a condition of approval = $457 Provide the following
❑ 3 copies of the existing approved plan
Provide the following illustrating the area where the change is
2""3 copies of a written request specifying the requested or the applicable section(s) or
section or sections being requested to be the Code of Development. Provide a
waived, modified, varied or substituted, and graphic representation of the requested
any other exhibit documents stating the change.
reasons for the request and addressing the ❑ 1 copy of a written request specifying the
applicable findings of the section authorized provision of the plan, code or standard for
to be waived, modified, varied or substituted. which the variation is sought, and state the
reason for the requested variation.
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Project Name and Assigned Application Number (SDP, SP or ZMA):
Tax map and pareel(s): 0 -7500 -0o -co- o(o-bo o a" -
059 " _n 1 -00 --01500
Contact Person—V60 60 -CYtt) I't9 M W1 111 MS ftW" ,' ' a`Y 0 W
Address -37iZ (i• t Y�ut{N� , 5�(_e'��Dcity ill State Gip �i 02
DDaytime Phone# Fax# ( ) Email VlonAp wNiwsrwite-n.
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Owner of Record 1 1tiVU Q ! t �+ torll�iPXbi Y1►", tc' S
Address d 'p Zl —city City 1 State VA Zip h'1�,•
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Daytime Phone#(
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Applicant (,Who is the Cqntact Persp representing`P
County of Albemarle
Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5532 Fax; (434) 972-4126
9111!
0
APPLICATION FOR A SPECIAL EXCEPTION
Owner/Applicant Must Read and Sign
The foregoing information is complete 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.
IfJajt�'LVii;
Signature of Owner, Contract Purchaser, Agent
LV INh
Print Name
3-5-1 -
Date
951
Daytime phone number of Signatory
***If multiple property owners are required to sign the application per Section 33.2 b (lb)
then make copies of this page and provide a copy to each owner to sign. Then submit each
original signed page for the Special Exception Application. ,/A—
Tax Map & Parcel Number:
Owner Name of above Parcel:
FOR OFFICE USE ONLY SDP, SP or ZMA #
Fee Amount S Date Paid
By who? _ _ Receipt # Ck# I By
WIL,LIAMS MULLEN
Direct Dial: 434,951,5709
vlong@williamsmu I len.com
March 5, 2018
by email: tgadalino(Walbemarle.or
Tim Padalino, AICP
Senior Planner
Community Development Department
County of Albemarle, Virginia
401 McIntire Road
Charlottesville, VA 22902
RE: UVa Foundation, Birdwood Connector Road - Special Exception Application
Mr. Padalino:
On behalf of our client, the University of Virginia Foundation (the "Foundation"), we would like to
request relief from Section 21.7(c) of the Zoning Ordinance in the form of a special exception,
which would allow grading within twenty (20) feet of the adjoining R-4 Residential district
(Ednam Village) and R-1 Residential district (Birdwood) in order to construct the proposed
Birdwood Connector Road (the "Connector Road"), as shown on the attached Roadway Plans
(Sheets C4.01 and C4.02, the "Roadway Plans") and Grading Plans (Sheets C7.01 and C7.02,
the "Grading Plans"), which are related to SUB201700203, currently under review by the
County.
The Connector Road is to be located on Albemarle County Tax Map Parcels 07500-00-00-
06300 and 059D2-01-00-01500 (the "Property"). In addition, minimal construction activity is
proposed in areas along the existing roads that the Connector Road will bridge. Such proposed
minimal construction activity includes the installation of sidewalks, street lamps, and planting of
vegetation (together with construction of the Connector Road, the "Construction Activity").
Further details of the Construction Activity are shown on the Roadway Pians and Grading Plans.
Temporary use of and the initiation of construction of the Connector Road was requested by the
Foundation in an application for a special use permit amendment, known as SP -2017-23 (the
"Temporary SUP"). The Board of Supervisors approved the Temporary SUP on December 13,
2017. Subsequently, the Foundation requested the permanent use of the Connector Road in a
combined application for another special use permit amendment and a rezoning of the
applicable properties; such applications are known as SP -2017-32 and ZMA-2017-10,
respectively (together, the "Permanent SUP"). The County staff comment letter for the
Permanent SUP noted that to construct the Connector Road and proceed with the Construction
Activity, the Foundation must request a special exception application and obtain relief from
Section 21.7(c) of the Zoning Ordinance.
Section 21.7(c) of the Zoning Ordinance provides that, "no construction activity including
grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or
rural areas district." Exhibit 'A" enclosed with this letter, depicts the applicable parcels and their
zoning designations overlaid upon the design of the Connector Road and the proposed
321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951.5700 F 434.817,0977
williamsmuilen.com I A Professional Corporation
March 5, 2018
Page 2
Construction Activity (the "Exhibit"). The Exhibit shows that the Construction Activity will take
place within twenty (20) feet of an R-4 Residential District (Ednam Village, shown in yellow on
the Exhibit) and an R-1 Residential District (the Birdwood Golf Course property, shown in green
on the Exhibit).
Section 21.7(c) of the Zoning Ordinance 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 special exception criteria to this request:
(i) Grading or clearing is necessary or would result in an improved site design:
The Connector Road would connect Golf Course Drive to Berwick Road, shown as Point A and
Point B on Figure 1 on the next page. The Construction Activity must take place within areas
close to residential districts due to the already established location of Berwick Road along the
property line of Ednam Village and the Boar's Head and Birdwood properties. As shown on the
Exhibit, grading and pipe replacement along the already established and existing Berwick Road
will help to improve stormwater management facilities on the Property. The Foundation also
proposes to install a brick sidewalk, street lamps and planting of new vegetation. These minor
infrastructure improvements are necessary to construct the Connector Road and such
improvements necessarily must be located where the existing roadway is already established.
It would not be possible to build the Connector Road if the Construction Activity were forced to
be pushed back 20 feet from the residential district boundaries.
In addition, not only is the Construction Activity necessary, but also, would result in an improved
site design. The Connector Road will provide for inter -parcel connections, better traffic flow,
and a reduction in the number of vehicular trips on Route 250. The Connector Road serves to
unify Birdwood and Boar's Head into a single, immersive experience for visitors, members and
guests of the various facilities on site. The enhancement of traffic flow will also be beneficial in
emergency situations. Emergency vehicles and trucks will be able to use the Connector Road
as an alternative access way to both the Property and the surrounding neighborhoods, such as
Ednam, Ednam Village, and Ednam Forest. Currently, such neighborhoods have only one
entrancelexit from Route 250, through Ednam Drive. Creating a second access point and a
better network of interconnected streets and pedestrian paths will allow for traffic to dissipate
more quickly during peak hours and special events. The connection will also keep certain resort
and neighborhood traffic internal to the site rather than accessing the golf course through Route
250. By keeping certain traffic internal, the Connector Road will result in a reduction in the
number of trips on Route 250.
For all these reasons, the Connector Road and related Construction Activity is necessary and
would result in an improved site design.
March 5, 2018
Page 3
Figure 9
(ii) Minimum screening requirements will be satisfied;
The Connector Road has been carefully designed to maximize functionality, satisfying a critical
need for enhanced traffic flow, while also minimize any adverse impacts on the surrounding
areas. We believe the specific and more comprehensive screening requirements referenced by
Section 21.7(c), which details the recommended screening types, sizes and depths, are not
applicable, due to the unique circumstances related to the Construction Activity.
Section 21.7(c) states, "Screening shall be provided as required in Section 32.7.9."
Section 32.7.9 states that the minimum screening standards shall be required in only five
instances. We believe that the five instances in which the minimum screening standards would
apply are not applicable to the circumstances of the Construction Activity related to the
Connector Road and therefore the Construction Activity should not be subject to the minimum
screening requirements of Section 32.7.9.
The following language details the first instance in which the screening requirements of Section
32.7.9 are required. In this instance, the requirements can be waived based on the discretion of
County staff.
Commercial and industrial uses. Commercial and industrial uses shall be screened from
the adjacent rural areas zoning district. Commercial and industrial uses shall be
screened from residential uses when deemed necessary by the agent upon
considering the proximity of the commercial or industrial use to the residential use, the
March 5, 2018
Page 4
nature of the commercial or industrial use, whether the uses are in single -use or mixed
use developments, and other considerations he determines to be relevant under sound
zoning principles.
The commercial use in this instance would be the incidental benefit of the Connector Road to
the adjacent Boar's Head Inn & Sports Club and related facilities, including, the Birdwood Golf
Course. The Connector Road is not adjacent to a rural areas zoning district. While it is
adjacent to residential uses, we believe the screening requirements of Section 32.7.9 should be
deemed unnecessary due to the proximity of the Connector Road to such residential uses and
the nature and context of the use, given the existing conditions of the Property and surrounding
parcels.
As stated earlier, the Exhibit shows that the Construction Activity will take place within twenty
(20) feet of an R-4 Residential District (Ednam Village, shown in yellow on the Exhibit) and an
R-1 Residential District (the Birdwood Golf Course property, shown in green on the Exhibit).
The Construction Activity is adequately screened from the Ednam Village residential district due
to the existing landscaping and fencing along the property lines of nearby residences, as shown
in Figure 2 below.
Figure 2
In addition to buffering from the Ednam Village residential district, pursuant to Section 21.7(c), a
buffer is required from the R-1 Residential (Birdwood) property as well. This property is owned
by the Foundation in combination with the Boar's Head parcel, zoned Highway Commercial.
March 5, 2018
Page 5
Construction of the Connector Road will take place through these two parcels. since one of
these two parcels is zoned R-1 Residential (Birdwood), a 20 -foot buffer between the two jointly
owned parcels is technically required by the Zoning Ordinance. However, because the
Construction Activity will serve to benefit the R-1 Residential (Birdwood) parcel, the screening
requirements are not feasible, nor necessary.
Importantly, the purposes and intent of the screening requirements of Section 32.7.9 stated in
Section 32.7.9.1 are still satisfied. For instance, as stated earlier, public safety and traffic safety
is enhanced by the second access point provided by the Connector Road. In addition, much of
the view of the nearby residences is already screened by existing fencing and landscaping.
Because the specific minimum requirements of Section 32.7.9 are inapplicable, and because
Section 21.7(c) states that screening shall be provided as required in Section 32.7.9, minimum
screening should be considered satisfied for purposes of determining whether relief under
Section 21.7(c) is appropriate.
(iii) Existing landscaping in excess of minimum requirements is substantially restored.
Even though the screening requirements are not necessary, as stated above, the Foundation
still recognized the benefits that additional landscaping may provide both the nearby residences
and the aesthetics of the Birdwood Golf Course. The Foundation worked with the surrounding
neighborhood to ensure the protection and preservation of the appearance, character and value
of the Property's neighboring lands by collaborating on desired screening on the residential
properties and portions along the Connector Road. The proposed additional landscaping is
shown on the Exhibit.
In sum, the Connector Road, which must be constructed in its currently proposed location due
to the extension from the existing roadway, has been carefully designed to maximize
functionality, satisfying a critical need for enhanced traffic flow, while also minimize any adverse
impacts on the surrounding areas by proposing adequate screening and landscaping, satisfying
the purposes of Section 20.7(c) and Section 32.7.9.1, which are to promote the public health,
safety, and welfare; promote traffic safety by controlling views and defining circulation patterns;
and protect and preserve the appearance, character and value of the site's neighboring lands.
For all these reasons, the criteria of Section 21.7(c) that allows for relief from the required buffer
from residential districts has been satisfied and therefore the related special exception request
should be granted and the Construction Activity allowed to proceed.
We appreciate your time and efforts in considering our request. Please do not hesitate to
contact me should you have any questions or concerns.
Sincerely,
Valerie W. Long
35564450_5
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ATTACHMENT B -- STAFF ANALYSIS
STAFF PERSON: Tim Padalino
BOARD OF SUPERVISORS: April 4, 2018
Staff analysis of this special exception request to waive the "Minimum Yard Requirements — Buffer zone adjacent to
residential and rural areas districts" for the Boar's Head Connector Road has been conducted pursuant to the
following applicable provisions and evaluation criteria contained in County Code § 18-21.7(c):
21 COMMERCIAL — GENERALLY
21.7 MINIMUM YARD REQUIREMENTS
21.7(c) Buffer zone adjacent to residential and rural areas districts.
No construction activity including grading or clearing of vegetation shall occur closer than twenty (20) reet to any
residential or rural areas district. Screening shall be provided as required in section 32.7.9. 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.
Staff Analysis:
Evaluation criteria Per County Code §18-21.7(c):
(i)
Grading and construction activity are necessary as shown on the Roadway Plans and Grading Plans in order
for the connector road to match the existing alignment of Berwick Road to the greatest extent possible (approx.
200 linear feet of overlap). As such, this design is the most efficient road alignment and requires the least
amount of land disturbance. More broadly, this connector road improves site design by providing a new
interparcel connection that significantly improves traffic circulation patterns, as called for in the Comp Plan.
Evaluation criteria met.
Applicable screening requirements would be met through the preservation of the existing wall and existing
board fence along Berwick Road, and through the proposed landscaping materials as specified on the Proposed
Landscaping and Screening Exhibit.
Evaluation criteria met.
The existing landscaping that would be removed during construction activity does not exceed the applicable
minimum requirements; therefore, this criteria is not directly applicable.
No obiection.
Additional factors for consideration:
A. The subject property for this special exception request (TMP 59-132-1-15 I Boar's Head) and the adjacent
property in the R1 Residential zoning district (TMP 75-631 Birdwood) are both owned/controlled by the same
entity (UVAF). Accordingly, there is no objection to the proposed grading and construction activity from the
owner of the adjacent property in the R-1 district.
B. The owner of the subject property has initiated a notable level of commitment to addressing the concerns of
property owners in the adjacent R4 Residential zoning district (Ednam ViIlage). UVAF staff have met with
concerned Ednam Village property owners on their residential properties, and have offered to provide
customized landscaping solutions to mitigate unwanted visual impacts while also preserving desirable views.
C. Please reference the Application Materials (Attachment A) for the applicant's explanation and justification.
Staff Recommendation:
With regards to the findings contained herein, inclusive of the criteria to be considered per County Code § 18-21.7(c)
as well as other additional factors, staff recommends approval with conditions of this special exception request.
Specifically, staff recommends that the Board adopt the attached Resolution (Attachment C) to approve the special
exception request to waive the "buffer zone" requirements, in accordance with the specific terms and details contained
in the Application Materials, and subject to the conditions attached thereto.