HomeMy WebLinkAboutZMA201800014 Action Letter 2019-06-19 di A
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
August 8,2019
Valerie Long
Williams Mullen
321 East Main St, Suite 400
Charlottesville VA 22904
RE: ZMA201800014 Birdwood Mansion and Grounds
Dear Ms.Long,
On July 17,2019 the Board of Supervisors took action to approve an Ordinance to Amend the Zoning Map as per
your application for a portion of Tax Map Parcel Number 07500000006300 in the Samuel Miller District.The
Zoning Map Amendment was approved by the Board's adoption of the attached Ordinance and Proffer Statement.
Please be advised that although the Albemarle County Board of Supervisors took action on the project noted
above,no uses on the property as approved above may lawfully begin until all applicable approvals have been
received and conditions have been met.This includes:
• compliance with conditions of the ZONING MAP AMENDMENT.
• approval of and compliance with a SITE PLAN;and
• approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions regarding the above-noted action,please contact Rebecca Ragsdale at 296-5832.
Sincerely,
Tim PadA no,AICP
Senior PIanner
Planning
Cc: University of Virginia Foundation
PO Box 400218
Charlottesville VA 22904
Ordinance&Proffer Statement
•
ORDINANCE NO: 19-A(10)
ZMA.2018-00014
AN ORDINANCE TO AMEND.THE ZONING MAP
FORTAX MAP P.ARCEL.07500-00-00;06300
WHEREAS,the'application to rezone a 15.2-acre pertiorrof the 544-acre"property'from RI Residential to
NC Highway Commercial for Tax Map Parcel 07500-00-00-06300.is identified as ZMA 2018-000'14 Birdwood.
• Mansion and Grounds("ZMA 2018-00014");and
WHEREAS,on June 4,2019,after a duly noticed public hearing,the Planning Commission
recommended.approval of ZMA 2018-00014;and
WHEREAS,on July 17,2019,the Albemarle County.Board of.Supervisors held a duly noticed public
hearing on ZMA 2018-00014:
BE IT ORDAINED by the.Board ofSupervisos of the county of Albemarle,Virginia;that upon
consideration of the transmittal summary and staff report prepared for ZMA 2018-00014 and their attachments,the
information presented at the public hearing,.any written comments received,the material and relevant factors in.
Virginia Code§ 15.2-2284 and.County Code§§ 18-24.1 and 1-33.27;and for the purposes of public necessity,
convenience,general welfare and good zoning practices,the Board hereby approves ZMA 20,18-00014 with the
Concept Plan entitled"BirdwoodMansioi and Grounds,Charlottesville,VA,'ZMA 2018-00014,"prepared by Elise
Cruz,UVA Foundation,with page 1 of 3 dated May 10,2019,and pages2 and 3 of 3 datedMarch 28,2019,and -
Proffers dated May 10,.2019.
I,,Claudette K. Borgersen, do hereby certify that the foregoing'writing is a.true,correct copy of an Ordinance
duly adopted by the Board of Supervisors of Albemarle County, Virginia,'by a vote of five to zero, as recorded
below, at a meeting held on July 17,2019.
•
• Clerk,Board.of County S visors
Aye hljay:
Mr. Dill Y
Mr. Gallaway Y
Ms. Mallek Y
Ms. McKeel Y
Ms.Palmer Absent
Mr.Randolph , Y
•
BIRDWOOD MANSION AND GROUNDS
ZMA 2018-00014
PROFFER STATEME TT
Date: May 10,2019
ZMA#: ZMA 2018-00014
Tax Map Parcel#: 07500-00-00-06300(portion of)
Owner of Record: University of Virginia Foundation
15.21 acres to be rezoned from R-1 Residential("R-1")to Highway Commercial("HC").
The following property is subject to rezoning application ZMA 2018-00014(the"Application")and
thus to this proffer statement:a portion of Tax Map Parcel 07500-00-00-06300 shown as"Proposed
Area of Rezoning 15.21 acres"on the Rezoning Boundary Exhibit,prepared by Roger W.Ray&
Assoc.,Inc,dated October 18,2018,last revised March 21,2019,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 '
"Rezoning Conceptual Plan"prepared by Elise Cruz and dated May 10,2019,and attached hereto as
Exhibit B(the"Conceptual 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 2018-00014, as set forth
below: Section 24.2.1 numbers 20, 35, 36, 37,41, 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
1
exist on the date of approval of ZMA 2018-00014, as set forth below:
Section 22.2.1 numbers b.17,b.18,b.19, 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 hi any HC district, subject to the applicable
requirements of this chapter. The zoning administrator, after consultation with the director of
planning and other appropriate officials,may permit,as a use by right, a use not specifically
permitted;provided that such use shall be similar to uses permitted by right in general character,
and more specifically, similar in terms of locational requirements, operational characteristics,
visual impact and traffic generation.Appeals from the zoning administrator's decision shall be as
generally provided in section 34.
1.
2. Autornebiler
3. Automobile stati„ s (ref o e 5.
4.
5. Churches, cemeteries.
6. Clubs, lodges(reference 5.1.02).
7. Convenience stores.
8.
9 Factory— let sales clothing and f br o
10. Feed and"seed stores(reference 5.1.22).
11. .
12. .
13.
14. Funer-afliomes:
15.
16. Food-aud-gfeeep”tofes-ineluding-sueli-speeialtheps-as-bakeryTeandyTinilk
d: ..a , nd the she
17. ,
18. Hardware:
19. (Repealed 6-3-8.1)
20. Hotels,motels and inns.
21.
22. ,
23.
24. .
25. Motor L, le sa tal..T..er����-sue:
26. New..tome:ve parts sales_
2
27. Newspaper-publish
28. .
29. .
30. shment;fast-feed its.
31.
32. .
33. • .
34.
35. Water,sewer,energy and communications distribution facilities.
36. Public uses(reference 5.1.12).
37. Temporary construction headquarters and temporary construction storage yards
(reference 5.1.18).
38. Indeer-heaters:
39.
40.
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial,
c-1.
42. Indoor athletic facilities (A ddeed 9 15 93)
43. ket-(r-eferenee s , ^7) (n aaea ,0 1; osi
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.
48.
49. SterageAVareheusinelDistfibutteni-Transpertatieer--afea-ef the
;
establishment dees-not-exceed-4 000 f t te;providedth,t+1.
� v�c1TRncicvcF�I�Ccruti�u�egzvsg
7
50.
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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,
3
visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.
a. The following retail sales and service establishments:
1. ,
2. ,
3. Department-store:
4. ,
5. Florist.
6. oh-speeial -sly ! ,
7.
8. Hardware-store.
9.
10. !
11. Optical-goods.
12. Photographic-goods;
13. .
14. Sperting-goods,
15. .
16. Farmers' markets(reference 5.1.47). 17.
17.
!
18. A T f + /Fnbr, atien and D l' fl
•)Vlllg• g4VU
�/nr VIA .xbl
!
19. Drive through windows(reference 5.1.60). (Added 3 2 16)
b. The following services and public establishments:
1. .
2. Barber,beauty sheps.
3. ,
4. ,
5. - I.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral-homes;
8. Health-spas:
9. luckier-theaters;
10. Laundries, dry clea»Ρers
11.
operation):
12. ,
13. Nurseries,day care centers(reference 5.1.06).
4
14.
15. ,
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 1 3 13).
22. ,
23.
24. Indoor ati letie f cilities. (added 9 7 5 95)
25. (Repealed 5 5 i m_
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 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.
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.
5. Prior to final site plan approval,the Owner shall obtain the approval from the
Zoning Administrator of a shared parking agreement with the owner of the adjacent Boar's Head
Resort parcels.
5
6. For all events at the Property involving amplified music,the Owner shall utilize a
house sound system that has a maximum sound level output of 85 dBA,measured at a distance
of fifty(50)feet from the speaker.
WITNESS the following duly authorized signature:
UNIVERSITY OF VIRGINIA FOUNDATION
By: k+M.
Printed Name: IT R®Se
Title: O1j.Qf E .e(Ave C(f iW
Date: —71_11"2-0 11
•
•
391I2094„1
6
Exhibit"A"
Rezoning Boundary
(attached)
•
7
Exhibit"B"
Rezoning Conceptual Plan
(attached)
39112094_1
8