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Home My WebLink AboutZMA201700010 Review Comments 2018-03-19 WILLIAMS MULLEN Direct Dial: 434.951.5709 vlong@williamsmullen.com March 19, 2018 Tim Padalino Senior Planner Albemarle County Community Development 401 McIntire Road North Wing Charlottesville, VA 22902 RE: SP 2017-00032 — UVA Tennis, Permanent Connector Road, and Par 3 Golf ZMA 2017-00010 Boar's Head Permanent Connector Road The following lists County staff comments in connection with the above applications, ZMA201700010 and SP201700032 and provides a corresponding response to each comment. The County staff comments were reproduced from the review comment letter dated February 2, 2018, and the additional review comment letter from Zoning dated February 13, 2018. General Comments (for both ZMA 201700010 and SP201700032): Please revise and submit an official Application Plan for ZMA201700010 and an official Concept Plan for SP201700032. These documents should each include a date, title, and all existing and proposed uses and improvements (such as connector road, proposed parking locations, proposed tennis courts, proposed pedestrian infrastructure, etc.). Please identify the parcels and boundaries of the Application Plan and Concept Plan. • For ZMA201700010, the official Application Plan is the one prepared by Dewberry Engineers, Inc., dated March 1, 2018, entitled "Application Plan — UVAF Boar's Head Sports Club" and included as Exhibit E of this resubmittal application. • For SP201700032, the official Concept Plan is the one prepared by the University of Virginia Foundation, dated March 19, 2018, entitled "Birdwood SP 2017-00032 Conceptual Plan" and included as Exhibit A of this resubmittal application. • Both plans include all existing and proposed uses and improvements, and identifies the parcels and boundaries of such plans. Please revise and resubmit the concept plan, application plan, and/or other graphic exhibits which are consistent with one another and which do not contain discrepant information. • All exhibits and plans were revised to be consistent with each other, eliminating any discrepant information. Zoning Please be advised that construction and grading activity for the proposed connector road on the Boar's Head Sports Club property appears to involve grading within twenty (20) feet of the 321 East Main Street,Suite 400 Charlottesville,VA 22902 T 434.951.5700 F 434.817.0977 williamsmullen.com l A Professional Corporation WILLIAMS M U LLE N March 19, 2018 Page 2 adjoining Residential district. Per Zoning Ordinance Section 21.7(c) ("Buffer zone adjacent to residential and rural areas districts"), grading within twenty feet of the adjoining R2 Residential district (Ednam Village) or the adjoining R1 Residential District (Birdwood) requires Board of Supervisors approval of a special exception to waive the buffer zone requirements. As such, Planning Division staff recommend preparing and submitting such a special exception request, along with pertinent grading plans and associated site plans or road plans, as quickly as possible so that we can evaluate the request, make a recommendation, and get the request placed on an upcoming BOS meeting agenda as soon as possible. • A Special Exception Application was submitted on March 5th, 2018, which is currently under review. Please provide further information and address impacts from lighting the facility and connector road as well as compliance with the ACZO lighting regulations. Because this is one of the primary impacts of this use, staff recommends that a photometric plan be completed to address spillover onto adjoining properties and roadways. • We understand that photometric Plans and compliance with the lighting ordinance will be required during the site plan review process. The facility has not yet been designed, so a photometric cannot be provided at this time. • Pursuant to the draft conditions of approval for SP 201700032, included as Exhibit H, condition (2) states, "All proposed lighting for the property shall comply with Albemarle County lighting standards, except as otherwise waived by the Board of Supervisors through the approval of a Special Exception request." Therefore, all lighting improvements related to the Property are required to comply with the County ordinance unless specifically outlined in the special exception application request submitted with these materials. Additional Information Relating to Proposed Lighting: (i) Will lighting be utilized during nighttime practice and daily operations, or will lighting be limited to televised matches? (ii) What is the proposed lighting pole height for the tennis facility? (iii) What is the proposed lighting plan for the connector road? and (iv) The illumination of the clay courts is of particular interest, as clay courts generally reflect light more intensely than standard courts. The illumination visible to the neighborhoods southwest of the tennis courts will also be of interest, as they will be at a lower elevation than the court complex. Will lighting of the tennis facility be limited to the nighttime televised matches as mentioned in the narrative? If so, this will be considered for a condition of approval. • Lighting will be utilized at night, as necessary, and only when the courts are in use. The proposed lighting pole height for the tennis facility is 70 feet. Clay courts will have lower level lighting requirements and lower pole height, as they will not be used for televised matches. The lighting requirements for televised matches is higher than that of standard lighting requirements. As detailed in the lighting waiver request, the lights for the primary courts can be set on different levels depending on whether a match is televised or not. Lighting is designed to prevent glare, for both the safety of the athletes and the WILLIAMS MULLEN March 19, 2018 Page 3 containment of lighting within the specified area of the courts. With regard to lighting for the connector road, any lighting proposed will be fully-compliant with the Ordinance, and will be designed to address the needs for pedestrian safety. Sound is another impact to be addressed. It will be impractical to regulate noise from crowd cheering and the like. The amplified sound from commentators and referees on the proposed tennis courts, particularly during televised matches, must meet the noise ordinance as described in Section 4.18. It would be helpful to provide information about expected maximum sound levels at the property line. • See proposed condition (4) of the special use permit, Exhibit H: "All acoustic equipment associated with the proposed Tennis Facility shall comply with the Albemarle County noise ordinance. Sound studies that demonstrate compliance, as determined by the Director of Planning or his designee, shall be required prior to the issuance of a Certificate of Occupancy for the Tennis Facility." The Boar's Head Sports Club parking is located on a separate parcel from the proposed tennis complex, requiring compliance with §4.12.8. The proposed shared parking arrangement between the squash complex and the tennis complex is allowable as shared parking. Please provide a parking study in accordance to §4.12.10, demonstrating the viability of shared parking. • See the attached Conceptual Parking Plan, Exhibit A. Please also see the Event Parking Management Plan, Exhibit K. Parking for UVA Tennis matches is currently accommodated through the existing parking areas on the Boar's Head property. The expansion of parking at the Clubhouse of the Birdwood Property and to the south of the new Tennis Facility will be utilized for the uses proposed with this Special Use Permit request. The steep grade between the parking and tennis areas greatly reduces accessibility for elderly or handicapped patrons. As currently shown on the concept plans, access seems limited by multiple staircases. Per§4.12.8 (c), please describe the plans for safe movement of pedestrians between the parking area and the tennis complex. • The Application Plan and Concept Plan both have notes regarding ADA accessibility between the Boar's Head Property and the Birdwood Property. Please address the provision of parking, as the short course is some distance from the current golf course parking. While the general use of the area will not change from golf course use, the short course format encourages faster play, and patrons of the short course would likely prefer to park closer to the start of the course. This is particularly true if short course players are less likely to rent a golf cart. Please include in the application intended parking spots and intended mode of travel to the course for short course players. • Short Course users will park in the Golf Parking area near the clubhouse and either walk to the course or use a golf cart. WILLIAMS M U LLE N March 19, 2018 Page 4 Partial pedestrian access from the Boar's Head Sports Club to the short course is outlined on plans for the connector road. Please address full pedestrian access, as the Boar's Head Sports Club is currently the closest parking to the proposed short course. Are golf cart paths intended to serve as pedestrian access? • Yes. Golf patrons use the cart path and the fairway. Parking concept plan shows a highlighted area of proposed parking, but depicts currently existing spaces. How will the spaces be arranged to fit an additional 62 cars? • Exact depiction of parking areas will be provided during site plan review. The Special Use Permit exhibit (Sheet 2 of 4) shows general areas where parking will be provided/rearranged or expanded. Please submit for approval an updated Event (traffic) Management Plan, addressing: Internal circulation; Events parking and pedestrian circulation between events and parking locations; External connection plans. • Please see the attached Event Management Plan, included as Exhibit K. The Plan demonstrates that events of all sizes have been successfully managed on the properties for years, including UVA Tennis matches. VDOT and/or County staff will need to review this Event Management Plan, which will be complementary to the Traffic Plan required by VDOT. • Understood. Engineering No objection with the condition that the proposed and existing access road shall meet County design guidance (e.g. access road shall have a minimum width of 20-ft and maximum slope of 10%). Please show existing road meets or state that improvements will be completed to meet these standards[Design Standards Manual, Private Street Standards, pg. 19]. • Noted. Connector Road Plans, currently under review by County staff, demonstrate the dimensions of the proposed road and how it connects with the existing road system. VSMP permitting is required if area of land disturbance exceeds 10,000 sf. Phasing is allowed but the area of land disturbance will be considered on a cumulative basis. SWM agreements, easements, deeds and bonding will be required for proposed facilities and prior to commencing land disturbance. ESC bonding will also be required prior to commencing land disturbance. [WPO-Chapter 17]. • Noted. WILLIAMS M U LLE N March 19, 2018 Page 5 Transportation— VDOT& Community Development Received 2/7/18: Our recommendation is that signal at Ednam Drive and Route 250 be relocated to Golf Drive and Route 250. The provided analysis indicates that this signal relocation would have corridor-wide benefits with improvements on Route 250 as well as the side streets, as the new location will serve 4 approaches as opposed to the 3 currently being served. • The Traffic Impact Analysis indicates that both intersections, as currently designed, will continue to operate at high levels of service following the installation of the Connector Road. Applicant agrees that a condition be added to the Special Use Permit whereby the operation of both intersections is studied at 12 and 24 months following the opening of the permanent connector road. Please see recommended condition #8 on Exhibit H for additional details. Additionally, Principal Planner Kevin McDermott has stated that he has no objection with the proposals, but has provided the following recommendations for consideration that should be addressed during the site plan stage, including the following: Restriping of 250 at the Golf Course Dr/Coleridge intersection to define the left turn lanes, instead of the continuous left turns left that currently exist (if VDOT concurs). • This item was not included with VDOT recommendations. Set a trigger or timeline to reevaluate operations at the two intersections to make sure they are operating as expected and see if warrants are/are not met. If there is any change required have evaluate alternative controls at the intersections. • The Traffic Impact Analysis indicates that both intersections, as currently designed, will continue to operate at high levels of service following the installation of the Connector Road. Applicant agrees that a condition be added to the Special Use Permit whereby the operation of both intersections is studied at 12 and 24 months following the opening of the permanent connector road. Please see recommended condition #8 on Exhibit H for additional details. Ensure that the recommendations from the STARS study can be accommodated at the intersections and, if necessary, dedicate future right of way. • Noted. Suggestions on improvements to the internal pedestrian connections should be better defined. • Internal pedestrian connections are noted in Exhibits and ensure appropriate ADA compliance for interparcel connections. WILLIAMS M U LLE N March 19, 2018 Page 6 Planning—ARB & Entrance Corridor [ SP-2017-32 ]: It is anticipated that the primary impact of this proposed development on the Entrance Corridor will be the court lighting. A Musco brand full-cutoff LED system is illustrated in the applicant's submittal, but the proposal states that the Musco brand won't necessarily be used. Since the Musco fixture confirms that a full cutoff sports light is now available, it is recommended that use of a full cutoff fixture be made a condition of approval. • Full cut-off lighting is proposed. Additional information would be helpful to more fully understand the impacts of the proposal: a. The intensity of the illumination of the proposed lighting at ground level; b. Relative elevations of existing and proposed features (ffe of existing and proposed tennis courts; ffe and maximum building height of tennis pavilion; height of elevated terraces, bridges, seating; light fixture heights); and c. Opportunities for landscaping to buffer impacts of lighting on the surroundings. • Proposed lighting will be compliant with all requirements of the Albemarle County lighting ordinance, except as covered in the included Special Exception request for additional pole height. Comments specifically related to ZMA 201700010: Please provide updated proffers in connection with this ZMA request. • Please see the attached updated proffers dated March 19, 2018, included as Exhibit G. Please be aware that the Ordinance has been revised since previous ZMA proffers were approved. The applicant may wish to update the list of allowed uses to include the revised allowed uses, with the exception of uses struck from the initial proffer list. • Please see the attached updated proffers, included as Exhibit G, which reflects the revisions to the Ordinance since the previous ZMA. Please include in the updated proffers a note that addresses the satisfaction of Proffer 3. • Please see the attached updated proffers dated March 19, 2018, included as Exhibit G, which reflects the revisions to the Ordinance since the previous ZMA. Neighborhood Model Principles WILLIAMS M U LLE N March 19, 2018 Page 7 All principles were noted as being fully or partially met by County staff. For partially met principles, the following comments were made: Pedestrian Orientation: Some concerns exist with regards to ensuring that pedestrian infrastructure can be provided in ways that are universally accessible, specifically as it relates to proposed pedestrian access between the two subject properties, and(more particularly) as it relates to pedestrian access from proposed new parking at the Boar's Head property over, up, and into the proposed UVA Tennis facility. • The Application Plan notes where pedestrian connections will be ADA compliant, ensuring universal accessibility. Multimodal Transportation Opportunities: It is unclear how public transit (CAT and/or UTS) might be incorporated into the use of existing and proposed University athletic facilities, either on a regular basis or in support of events transportations planning. The proposals do not include any information about a possible shared-use path along or near Ivy Road/U.S. 250, which would support multi-modal goals contained in the Comp Plan (such as Transportation Objectives 3, 4, and 6). Specifically, this type of path would be a significant implementation of the proposed Three Notch'd Trail, which has become a project of interest for the three members of the Planning and Coordination Council (PACC). • Multimodal opportunities, such as, the proposed Three Notch'd Trail are to be incorporated into the recently-initiated Area B Study / Birdwood Master Plan process. Parks, Recreational Amenities, and Open Space: As noted above, the proposals do not include information about the proposed Three Notch'd Trail, which would be an exceptional amenity for recreation (as well as alternative transportation). • The opportunity for the subject properties to support shared-use paths, such as the proposed Three Notch'd Trail are to be incorporated into the recently-initiated Area B Study / Birdwood Master Plan process. Redevelopment: Some concerns exist with regards to potential impacts from outdoor athletic lighting on nearby residential properties. Opportunities exist to mitigate perceived potential impacts by making context-sensitive specifications for light poles, outdoor light fixtures/luminaries, and other site planning and design details. • As stated earlier, pursuant to the draft conditions of approval for SP 201700032, included as Exhibit H condition #2 states, "All proposed lighting for the property shall comply with Albemarle County lighting standards, except as otherwise waived by the Board of Supervisors through the approval of a Special Exception request." Therefore, all lighting improvements related to the Property are required to comply with the County ordinance unless specifically outlined in the special exception application request submitted with these materials. WILLIAMS MULLEN March 19, 2018 Page 8 Respecting Terrain and Careful Grading and Re-grading of Terrain: Based on conceptual renderings and plans provided with the applications, it appears that the proposed new athletic facilities and related improvements have been thoughtfully sited into the existing rolling terrain. However, it is anticipated that the proposed improvements would require extensive site works. Without conceptual grading plans, it is somewhat unclear if the proposed improvements would embody context-sensitive design and planning principles, or not. • The proposed Tennis Facility will be appropriately screened with existing and proposed landscaping. Additionally, the design contemplates some of the courts being "sunken" below grade with the seating built into the terrain, thus minimizing any impact of the facility. Thank you for your assistance with these applications. Please let us know as soon as possible if there is any other information that you require to address your comments. Sincerely, \haLititi Valerie W. Long Enclosures cc: UVA Foundation Ashley Davies, Williams Mullen List of Exhibits: A. Birdwood SP 2017-00032 Conceptual Plan B. Birdwood SP 2017-00032 Tennis Facility and Illustrative Parking Options Detail C. Birdwood SP 2017-00032 Golf Practice Facility Detail D. Birdwood SP 2017-00032 Connector Road Detail E. Application Plan (for ZMA 2017-00010) F. [Intentionally Omitted] G. Boar's Head Sports Club ZMA 2017-00010 Proffer Statement H. DRAFT Proposed Conditions of Approval (for SP 2017-00032) I. University of Virginia Outdoor Tennis Facility—Special Exception Request: Project Lighting Waiver J. Conceptual Architectural Renderings/Layout (for general reference only) K. Event Parking Management Plan — Boar's Head Sports Club (Amended 3-15-18) L. Boar's Head Event List 35754652_4 Exhibit G Boar's Head Sports Club ZMA 2017-00010 Proffer Statement Exhibit A Birdwood SP 2017-00032 Conceptual Plan BIRDWOOD Sheet 1 of 4 SP 2017-00032 Conceptual Plan �,., r-7,5�� — 4 ('\t: i )\)).-- -- .-z------il- B H SC %. � Par 3 Short Cour!�e -`- HC Zoning TMP , + r „›..i)c<�� -��\i , --)\ �, �� 059D2-01-15 �3 - ��--�. J L ✓ / c C0°� GS jI ) i n _, .. �..r� /�. � J / r / i ..'cam' ' _ ".• f�, 1 1 J''/- `` ...� - �: fenni Facility } �� ■ ; f/ < ~'j�s see st�.ee etai! \ Team ..,8 .../--' \ AIIIPAr I. t 44 lam_ } .\.soo�E •. 0 ,t ;� � >r• l.�M si• �. ..._,Itta )..„, , _, , . ____ . 1 .._. � '%�`i�. ��/ j �, L � .. s y�r '''',I `'�-� G If;Prac'ti�.e a,iiity i /�-- r \ , ■ 1 �. ,,,(see sh et 3 for .} -y� /i`/ \ i�-�• iFer • ' A., v, ,(j i Hector oad ,"," oo �, t� a j, �1 �� see sheer t 4 for etail z �d -- I4t„ .� i9 Lot near 14 l f ` S�% �,. �F'` . j \ I� , B •C,16.f.. 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' ;: ' i ,L. i ii 1 i ii 1 . 1:::• ,.. -• --4: \\ , ,/;---::::::::.', .\S4.:.\:::,' '.- 1,:5- PRELIMINARY 0- ‘ - - ' '-1 -. *-- . • I '.;i. i '\\ 'S.,:,'. \. .'‘ (::: .%::.:1 " ‘ ', \ GRADING A :.,:.,11 ::.! ./- c, , _, I ,--1 ,, + ,.,'., -2, 9 ...,;p: i./1 --‘,,,,,,,,,,,,,,,::,,,,, ,,,,:,,N s• ''S'C'f:',:.: S'.•-, -,7 EXHIBIT '', I i',/ k-3's ):1 :,1 '„ ''',.„.'fz', `:'!•-•.'„, ": ' T '----' I * : : T; : ', : ' ,,liC.,. •• ' i 0,,' „„,.., ‘ i ?, ,,,,,s, I:. Q‘*. '„,•; ,I •• ''',' ,''' ,-'-:,;%; ''''''''' 5°°9"3 1 "11',.•:1 ,• '. 1. ,,, „.„ , , , tr.:;-3 -,L. t ., ,,,j 1,•-', , -: --1,-:,,,' . j ---2-.--------7,--/z ... .. , ,.:-... .--t-:-. ‘ ,,% „ ,..........._..„-- -... 7, t--- • Exhibit A k \ 1 -:-•:-:::---:-11 , ,, ,, ,,, , ','',L' ••i--"'- --- -L__::".,___, ' _ I a. .... ..... ....' p j ., ',L.A.:A .../ : //,•" ,----------...::::',:--,....\ .----.. a.. . Exhibit E Application Plan (for ZMA 2017-00010) Note:ADA compliant pedestrian connections to be provided between TMP 59D(2)-01-15 and TMP 75-63 200 ED � 'R e4 Ai? 7 �� ,/ �. ...- 41.,":;:`:-.::::::::::::::::::::::::::::::V � ,47) .�. �L� .ice, '`l �•.,- . . ... 7 `+,,,,� • • R t J� GOLF SHORT...... • � � :. ':fiQU�E \iiiSthillf..!.,::::.: �� -' a �iTD00R TEN �_ ii `� ` ° �;,\COURTS ,\ _� , L. , � : : : :: tte• ssP)*" \T4p e-.4. .1 1/4. ,,,:- ..44k,:14,7.i.-..t.....:...:.:.:::1:::::::::::. .:.:.:...#..::::::::::::7.:.....::: 144 jeliTh-MP 59D(2)-01-15/, • V '\'1 0%..1.i::::::: :.I.::: ::: Existing Zoning: HC • �� ':... •.••. Alr / / ♦�'/;411.1t4 W+.VIIIrr. OUTDO°' ENNIS •, `44 .... :::::: :::::. ...C RTS ! '.`` • V ..:.:\\\ lk. „„„. : `" OUTDOOR TENNIS % •` -t':; :;;;:: \•..\ V . �` °OURTS OR PAR ' � 1 ‘ %#0 \ / :III liAk .% Nile 1,1:::::.: ::.::.....:::.::.:.:::::::.::.:*::::.:.::::::::.:::::::::::.:::::::'.:: ::::::. L TMP 59D(2)-01-02 • BOAR'S HEAD O TMP 75-63 Existing Zoning: HC 0 SPORTS CLUB •` . Existing Zoning: R-1 i�, 'O `t. See SP201732 •..7.-:7.:::::::. ::::.:::::•*::\:•:•:•:•:::::::.:•::::::::::: :::::::::::::. •::: _ ,..Ari#,/' 4 ,i/. v ............................. .. ..... ..... .... ilipIttorito, ,� . cARTHUR ..... :•::: :::::::::•::::::::::::::•::. ::•::::::: : ' , "._, � 't •41'lc/ a f: `:f1T1RE1 ,: ti :.• . .. .... kilo( ' ♦ JI { •'�::....:::•:.. :::s?r.. t 9 :- ::: :• r�:•:r::::: :• .....;•r r:::ri '. i:r::h.r... r::::: r:� : s :.. ::.............J..........._,.: .::\....:::::::::::::::::::::.::.!1...............::::::::::::::::.:::::::::::::.i..::.:::::.:;.:.......:::.......::::::::::.) t'.....:.::::::::::s:::::::.::.:14 ......:::".... .:::17..a.:.:::: ::::'::::::.a.:.E.A::.:.:...:.:i...:.1..:.....:.::.::.!:.1:...:::::::.::::::::: :::: :::: :::... .. ..7:::-...................i.i......... ... . ...:.1.:...:...H........•...:...:...:.............. .................... ......... ........ ......:::.0..:.:.:.:.:.:.:.:.:.:.:•:.:.:.:.:.:.:.:.:.:.:.:.:.:::::::k§.p.............................t, .,:t .1.4,....:.:::::::::::::........:::::.::::::: ::: :::.:.:....".....................:0::::::::::::...--- --.......-:-.......:: ::-........-:-....::-.::-.::::-.::-.::::..............:::::::::.:::::.......::::....................:. .. •.• .: .. :':'A :::::SC:�.• : :;:: •:;:::':::•:•: ••::: :::: ::: : ::::: ::: ::::' ;: :;: :•"::;:•• :•:: : : 903/0Dewberry® DATE TITLE SHEET NO. 1/18 APPLICATION PLAN Dewberry Engineers Inc. PROJ.NO. PROJECT UVAF BOAR'S HEAD 1 4805 Lake Brook Drive Suite 200 Glen Allen,VA 23060 SPORTS CLUB PHONE'.804.280.7857 BOAR'S HEAD SPORTS CLUB ZMA 2017-00010 PROFFER STX EMENT The following parcel is subject to rezoning application ZMA 2017-00010(the"Application") and thus to this proffer statement: Tax Map Parcel 059D2-01-00-01500(the "Property"). The Applicant and owner of the Property is University of Virginia Host Properties,Inc. (the "Owner"). This proffer statement shall supersede and replace in all respects the proffer statement approved by the Board of Supervisors in connection with ZMA-2004-0015. The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to approve the Application,as requested,the Owner and its successors and assigns shall develop the Property in accord with the following proffers pursuant to Section 15.2-2298 of the Code of Virginia, 1950,as amended,and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. These conditions are voluntarily proffered as part of the Application,and the Owner acknowledges that(1)the rezoning itself gives rise to the need for the conditions;and(2)such conditions have a reasonable relation to the rezoning requested. In the event the Application is denied the proffers shall immediately be null and void and of no further force or effect. 1. Development of the Property shall be in general accord with the plan entitled "Application Plan"prepared by Dewberry Engineers,Inc.,dated March 1,2018,containing one(1) page,and attached hereto as Exhibit A(the "Application Plan").The Application Plan shall not be construed to prohibit the realignment of the 14 existing outdoor tennis courts,subject to existing provisions of the Albemarle County zoning ordinance,provided that the courts remain in the area marked"Outdoor Tennis Courts"shown on the Application Plan. Unless specifically referenced on the Application Plan, or otherwise referenced in this proffer statement, all other plans and illustrations submitted as part of the Application shall be deemed illustrative only, and such plans and illustrations shall not be deemed proffers. The Owner reserves the right to develop the Property in phases, as shown on the Application Plan. 2. Within the Property, only the following uses shall be permitted by right, subject always to the express terms of this proffer statement: a. Pursuant to subsection 24.2.1 of Section 24, HC highway commercial zoning district, of the Albemarle County Zoning Ordinance, as those regulations exist on March 19, 2018, as set forth below: Section 24.2.1 numbers 6, 20, 35, 36, 37, 41, 42, 44, and 45. b. Pursuant to subsection 22.2.1 of Section 22, C-1 Commercial zoning district, of the Albemarle County Zoning Ordinance, as those regulations exist on March 19, 2018, as set forth below: Section 22.2.1 numbers b.4, b.8, b.17, b.18, b.19, b.24, b.26, and b.27. The by-right uses of the Property that are permitted pursuant to sections 24.2.1 and 22.2.1 and pursuant to this Proffer Statement are shown below without strikethrough. Uses which will not be permitted on the Property (subject always to the express terms of this proffer statement) have been indicated by strikethrough. 24.2.1 BY RIGHT The following uses shall be permitted in any H-C district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. 1. n„t,mobile laundries 2. Automobile,truck repair shops. 3. Automobile service stations (reference 5.1.20). 4. Building materials sales. 5. Churches, cemeteries. 6. Clubs, lodges (reference 5.1.02). 7. Convenience stores. 8. Educational,technical and trade schools. 9. Factory outlet sales clothing and fabric. 10. Feed and seed stores(reference 5.1.22). 11. 12. Fire extinguisher and security products,sales and service. 13. Fire and rescue squad stations(reference 5.1.09). 14. F eral--hemes. 15. Furniture stores. 16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensaryana . »Ρa cheese shop 17. , landscaping and other repair and maintenance services. 18. fie: 19. (Repealed 6 3 81). 20. Hotels,motels and inns. 21. T i g' eus 22. Machinery and equipment sales, service and rental. 23. Mobile home and trailer sales and service. 24. 25. Motor vehicle sales, service and rental. 26. New automotive r.,..ts sale 27. Newspaper-publishing: 28. , 29. . 30. ; 31. 32. Sale efmajor recreational o ent and vehicle 33. Wayside stands oegetable eult ,.it uee-(referenee c�): 34. Wholesale distribution 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 the ter 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. (Added 6-19-91; Amended 9-9-92). 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. ; gross floor area of the establishment may exceed 4,000 square feet per site by special exception approved by the board of supervisors. 48. ; of the establish ent does „et o eed n 000 e feet per site; provided that the gross floor area of the establishment may exceed 4,000 square feet per site by special 0 ption a .ed by the board of supervisors 49. Storage!W rehousing/Distrib„ti „ Tr „s„ rt tifloor a o o f the establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the establishment may exceed 4,000 square feet per site by special exception approved by the board of supervisors. 50. Drive through windows (reference 5.1.60). (Added 3 2 16). 22.2.1 BY RIGHT The following uses shall be permitted in any C-1 district, subject to the requirements and limitations of these regulations.The zoning administrator,after consultation with the director of planning and other appropriate officials,may permit as a use by right,a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements,operational characteristics,visual impact and traffic generation.Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. a. The following retail sales and service establishments: 1. Antique,gift,je , 2. , 3. Department store. 4. Drug store,pharmacy. 5. Florist. 6. Food and R stores including s el ialt..shops bakery ndy milk 7. Furniture ar b home pliances (sales .,n,b so of 8. Hardware-store, 9. 10. Newsstandsr magazinesTpipe-and-tobaceo-shops, 11. Optical goods. 12. Photographic g ode 13. Visual and audio appliances. 14. Sporting-goods, 15. 16. Farmers' markets (reference 5.1.47). 17. 17. ; of the establishment does not exceed 1,000 square feet per site; provided that the gross floor area of the establishment may exceed 1,000 square feet per site by ,l o ption ed by the board of s„per..isers 18. IVlanufaeturing,LPreeessingiAssemhly/-Fabrieation-and-Reeyelinggross-floer-area of the establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the establishment may exceed 1,000 square feet per site by special ption ed by the bo rd of's nr;ve thr l a 5 t 60) (n dde 2 i 6) 19. vrry c-�rsAirgrr��'ircaA��-�i�czefe}2Ec-�-rvv7-�r=ccacEl-3J-t-rv7 b. The following services and public establishments: 1. , 2. Barber beaut.,shy_ 3. Religious erblyuso cmeter:es 4. Clubs, lodges(reference 5.1.02). 5. 6. Fire and rescue squad stations (reference 5.1.09). 7. Funeral homes. 8. Health spas. 9. Indoor-theaters, 10. Laundries,dry cleaners. 1 1. T ndromat (provided that a atter 1ant shall be on duty at all 1,o rs d„ring operation) 12. , 13. Nurseries, day care centers (reference 5.1.06). 14. Eating establishme„ts 15. Tailor, seamstress. 16. Automobile service stations (reference 5.1.20). 17. Water, sewer, energy and communications distribution facilities. 18. Public uses (reference 5.1.12). 19. Temporary construction headquarters and temporary construction storage yards (reference 5.1.2). 20. Dwellings (reference 5.1.21). 21. (Repealed 4 3 13). 22. Autemebiler truck shop o cluding body shop 23. Temporary industrialized buildings (reference 5.8). 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 health spa on the Property, which accessory uses shall expressly include, but not be limited to the following: indoor tennis courts, outdoor tennis courts, multi-sport courts, other recreational or fitness facilities, a restaurant, a snack bar, a "pro shop," administrative office space, locker rooms, and a child care facility. 3. Prior to the final approval of SDP 2004-00086, the Owner shall record the subdivision plat attached hereto as Exhibit B in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, to combine the portion of tax map parcel 07500-00-00-06300 shown on Exhibit BA as Parcel "X" containing 1.774 acres, with tax map parcel 059D2-01-00- 01500. THIS PROFFER HAS BEEN SATISFIED IN FULL. 4. Prior to issuance of a certificate of occupancy for the permanent use of the connector road that was approved for temporary use by SP-2017-23, the Owner shall submit for approval by the Zoning Administrator a current Event Management Plan to provide adequate parking for the public during periodic public events at the Property, and further designed to avoid or minimize public parking in adjacent and nearby residential areas during such public events. Such a plan shall include a commitment by the Owner to provide adequate event parking at the Birdwood Golf Course parking lot (with access to the Property either by shuttle service or on foot along the golf course cart paths, at the discretion of the Owner),the large surface parking lot at the northwest corner of Ednam Drive and Boar's Head Point, and/or in other parking areas controlled by the Owner or its affiliated entities, each in the discretion of the Owner given the expected attendance at each particular event. Such a plan will also provide for the use of shuttle services as necessary given the size and nature of a particular event, for the use of adequate signage directing the public to permitted parking areas, and the use of appropriate personnel to direct the public to such permitted parking areas and to discourage or prohibit public parking in adjacent and nearby residential areas. [SIGNATURE PAGE IMMEDIATELY FOLLOWS] WITNESS the following duly authorized signatures: UNIVERSITY OF VIRGINIA HOST PROPERTIES, INC. By: Printed Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ,to wit: The foregoing instrument was acknowledged before me this day of , 2018 by as of University of Virginia Host Properties, Inc., on its behalf. My Commission expires: Notary Public 35631779_4 Exhibit"A" Application Plan (attached) 35631779_4 Exhibit "B" Subdivision Plat (attached) 35631779 4 Exhibit H DRAFT Proposed Conditions of Approval (for SP 2017-00032) • DRAFT — Proposed Conditions of Approval SP-2017-00032 Birdwood Golf Course, Permanent Connector Road & Birdwood/UVA Tennis Facility 1. Development of the Property shall be in general accord with the plan entitled "Birdwood SP 2018- 00032 Concept Plan" prepared by the University of Virginia Foundation, and dated March 19, 2018 (the "Concept Plan"). To be in general accord, development and use shall reflect the following major elements as shown on the Concept Plan: a. General location of buildings and uses; and b. Uses shown on the Concept Plan, including uses accessory and/or ancillary thereto Buildings and other structures not expressly shown on the Concept Plan that are accessory and/or ancillary to buildings and uses that are shown on the Concept Plan are permitted provided that they are located at least 50 feet from any property line (other than the property line with the Boar's Head Inn and Sports Club parcel, currently identified as tax map parcel 059D2-01-00-014A0, or any other parcel owned by the Owner or any of its affiliated entities). Other minor modifications to the Concept Plan that do not otherwise conflict with the elements listed above may be made to ensure compliance with the Zoning Ordinance, as determined by the Zoning Administrator. 2. Expansion or replacement of the Clubhouse is permitted. 3. All proposed lighting for the property shall comply with Albemarle County lighting ordinance, except as otherwise modified or waived by the Board of Supervisors through the approval of a Special Exception request. 4. All acoustic equipment associated with the proposed Tennis Facility shall comply with the Albemarle County noise ordinance. Sound studies that demonstrate compliance, as determined by the Director of Planning or his designee, shall be required prior to the issuance of a Certificate of Occupancy for the Tennis Facility. 5. Development of the Indoor Golf Practice Facility shall be in general accord with the plan entitled "Birdwood SP 2017-00032 Golf Practice Facility Detail," prepared by the University of Virginia Foundation, dated August 21, 2017, and labeled by staff(the"Golf Practice Facility Plan"), as determined by the Director of Planning and the Zoning Administrator. To be in general accord, development and use shall reflect the following major elements as shown on the Golf Practice Facility Plan: a. Building location, orientation, and mass; b. Parking lot location; c. Installation of new landscaping for screening purposes; d. Retention of trees shown for preservation; and e. Earthen berms adjacent to the new parking lot. Minor modifications to the Golf Practice Facility Plan that do not otherwise conflict with the elements listed above may be made to ensure compliance with the Zoning Ordinance, as determined by the Zoning Administrator. 6. Design and development of the improvements shown on the Golf Practice Facility Plan for the Indoor Golf Practice Facility shall be subject to the following, as determined by the Planning Director or designee: 1 a. Placement of the parking lot within the "bowl" created by the existing terrain in a way that minimizes grading of the slope to the north of the new parking lot, which is to be preserved for its screening effect; b. Construction of earthen berms adjacent to the parking lot which are compatible with existing topographic variation and which further reduce the visibility of the parking lot and parked cars from Golf Course Drive; c. Approved planting plan and planting schedule which, at minimum, include: i. New landscaping materials planted in naturalistic or informal arrangements which are consistent and compatible with the existing landscape in terms of character, density, and species; ii. A meadow or similar grass landscape along Golf Course Drive; and iii. The use of native plant materials; and d. Submittal of a conservation plan prepared by a certified arborist to preserve trees identified for preservation, including the treatment of all ash trees (species Fraxinus) that are to be preserved for protection against the emerald ash borer(Agrilus planipennis), to be used in conjunction with any required conservation checklist. If all reasonable alternatives for preservation have been explored, and such trees cannot be retained due to the health of the tree as determined by the certified arborist, removal may occur. 7. Ingress and egress along Birdwood Drive shall be restricted, to the satisfaction of the Zoning Administrator, to only those residences served by Birdwood Drive and shall not be used as an access to the Indoor Golf Practice Facility. 8. Within twelve months, and again within twenty four months, following the permanent opening of the Connector Road, the owner's traffic consultant shall perform a signal warrant analysis at the Golf Course Drive and Ednam Drive intersections with U.S. Route 250 to determine if volumes indicate that any modification to intersection controls should be implemented. If any modification is indicated based on traffic volumes collected per standard procedures of the Virginia Department of Transportation ("VDOT"), the owner's consultant will prepare the requisite Signal Justification Report evaluating alternative intersection control; and at that time, the owner and its traffic consultant will re- engage VDOT and the County in discussion about the appropriate measures, if any, to be taken at either intersection. 9. The owner shall continue to implement an Integrated Pest Management/Nutrient Management Plan to reduce adverse water quality impacts. 35753783_3.docx 2 Exhibit I University of Virginia Outdoor Tennis Facility — Special Exception Request: Project Lighting Waiver University of Virginia Outdoor Tennis Facility Special Exception Request: Project Lighting Waiver March 19, 2018 On behalf of our client, the University of Virginia Foundation (UVAF), we submit this application for a Special Exception with regard to project lighting for a proposed Outdoor Tennis Facility for the Men's and Women's Tennis teams at the University of Virginia. A Special Use Permit Amendment for parcel 07500-00-00-06300 (the Birdwood Golf Course Parcel, herein the "Property") for a proposed Outdoor Tennis Facility, Permanent Connector Road and Par 3 Short Course Golf Course is currently under review by Albemarle County (the "County") as SP 2017- 00032. The Birdwood Golf Course Parcel consists of 544.078 acres, is zoned R-1, and is designated for Institutional use in the Comprehensive Plan. Because the property falls within the R-1 zoning district and no maximum lighting pole heights are specifically designated in the Zoning Ordinance, it is our understanding that the maximum structure height of 35 feet applies. The proposed UVA Outdoor Tennis Facility will consist of a maximum of 12 hard courts, 3 clay courts and a two-story Tennis Pavilion housing locker rooms, training rooms, and coaches' offices. The facility will be located immediately east of the adjacent Boar's Head Sports Club and the McArthur Squash Center. For the hard courts, high mast option full cut-off LED lighting are specified to provide the adequate level of lighting necessary for televised matches and tournament coverage. The proposed lighting is dark sky compliant and has minimal light spillage, as demonstrated in the attached lighting brochures. A maximum pole height of 70 feet is necessary to appropriately and safely light the tennis courts. All lighting will be directed and contained within the general area of the tennis courts, with no spillover onto residential properties or areas. Lighting for the clay courts would be lit by low mast full cut-off LED lighting with poles that do not exceed 35-feet in height, and thus are fully compliant with all existing regulations. General lighting information is included with the submittal to demonstrate the type of lighting we anticipate, although we will not necessarily use the specific brand shown. Lighting used will follow comparable specifications if this exact brand is not chosen. A photometric lighting plan and lighting specifications will be included with the site plan review process for the facility. As mentioned above, high mast lighting is required for the hard courts to allow for televised matches. Appropriate lighting provides safe conditions for student-athletes and club members who may be using the facility after dark, and allows for matches to be televised, an important requirement for the University. This newer lighting technology allows the area to be sufficiently lit while substantially reducing spillover. In addition, lights can have multiple settings, meaning that the brightest setting for television coverage can be used during only those times when it is necessary and lights can be dimmed during other times such as evening practices. The approval of this lighting waiver request, allowing for maximum poles heights of 70 feet, ensures UVA can build a tennis facility and program that is competitive with the other top programs around the country. Pursuant to Section 4.17.5, the Planning Commission may modify or waive any standard set forth in section 4.17.4(a) under subsections 4.17.5(a)(1) and (2), and may modify the maximum height of poles supporting outdoor luminaires lighting athletic facilities under subsection 4.17.5(a)(3). Pole Height Waiver Request: For the height of the lighting pole supporting the outdoor lights for the hard courts at the proposed facility, we request a waiver of the requirement to allow for poles at a maximum height of 70 feet. All luminaires of 3,000 lumens or greater will be full cut-off. Section 4.17.5(3): Upon finding that the maximum permitted height of a pole supporting an outdoor luminaire lighting an athletic facility under the applicable district regulations would prevent the luminaire from providing sufficient illumination of the facility for its safe use, as determined by the recommended practices adopted by the Illuminating Engineering Society of North America for that type of facility and activity or other evidence if a recommended practice is not applicable. A maximum pole height of 35 feet would prevent the luminaire from providing sufficient illumination of the facility for its safe use, as a pole height of 70 feet is necessary to appropriately light the tennis courts for collegiate and television use. Additional height is the most efficient and least obtrusive method of achieving the consistent lighting standards necessary for televised events. Taller poles allow for less luminaires that are focused in a very specific area, versus lower poles that cannot provide the same level of coverage and consistency of lighting. In addition, poles cannot be located within the court area, as they are a danger to athletes. Appropriate lighting provides safe conditions and reduces glare for student- athletes and club members who may be using the facility after dark, and allows for matches to be televised, an important requirement for the University's collegiate program. 35311843_3