HomeMy WebLinkAboutZMA201800014 Staff Report 2019-07-14 COUNTY OF ALBEMARLE •
TRANSMITTAL TO THE BOARD OF SUPERVISORS
SUMMARY OF PLANNING COMMISSION ACTION
AGENDA TITLE: AGENDA DATE:
ZMA201800014 Birdwood Mansion and Grounds July 17, 2019
SUBJECT/PROPOSAL/REQUEST: _ STAFF CONTACT(S):
Rezone an approximately 15.2-acre portion of the 544-acre property Benish, Nedostup, Padalino
from Residential R-1 which allows residential uses(1 dwelling unit/acre) PRESENTER(S):
to Highway Commercial (HC), with proffers, to allow for the renovation
of the Birdwood Mansion, dependencies, and grounds for use as a Tim Padalino
special events venue that includes overnight lodging.
SCHOOL DISTRICTS:
Stone-Robinson Elementary; Burley MS; Monticello HS
BACKGROUND:
At its regular meeting on June 4, 2019 the Planning Commission (PC) conducted a public hearing and voted 7:0 to
recommend approval of ZMA201800014 as presented and as proffered,for the reasons stated in the staff report. The
PC also voted 7:0 to recommend approval of Special Exceptions#1 through#4 for the reasons stated in the staff report.
Attachments A, B, and C are the staff report, action memo, and meeting minutes from the June 4 PC meeting.
DISCUSSION:
The applicant has submitted a signed final proffer statement(Attachment D)after the PC public hearing.
RECOMMENDATIONS:
The Planning Commission and staff recommend that the Board adopt: 1)the attached Ordinance (Attachment E)to
approve ZMA201800014; and 2)the attached Resolution (Attachment F)to approve the special exceptions.
ATTACHMENTS:
VAtt.A—Staff Report for 6/4/2019 PC Public Hearing
Att.A1 —Location Maps
Att.A2—Survey of Proposed HC District
Att.A3—Project Narrative Materials
Att.A4—Concept Plan
Att.A5—Draft Proffer Statement
Att.A6—Staff Analysis of Neighborhood Model Principles
Att.A7—Traffic Memo
Att.A8—SP201700032 Resolution and Conditions of Approval
Att.A9—Landscape Preservation Memo
Att.A10—Birdwood Landscape Site Protection and Stewardship Strategies Plan
Att.A11 —Phase 1 Archaeological Survey
Att.Al2—Construction Monitoring Plan
Att.A13—Sound Study
Att.A14—(Current) Event Management Plan
Att.A15—Special Exception Application
Att.A16—Special Exception Exhibit Setback Requirements as Required by Ordinance
t/Att.B—Action Letter for 6/4/2019 PC Public Hearing
Att.0—Meeting Minutes from 6/4/2019 PC Public Hearing
✓Att.D—Proffer Statement
✓Att.E—Ordinance to Approve ZMA201800014
✓Att.F—Resolution to Approve Special Exceptions
A
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: Staff:
ZMA201800014 Birdwood Mansion and Grounds Tim Padalino, AICP
Planning Commission Public Hearing: Board of Supervisors Public Hearing:
June 4, 2019 July 17, 2019
Owner: University of Virginia Foundation Applicant: University of Virginia Foundation
TMP: 07500000006300 Current Zoning: Residential R-1
Acreage: parcel = 544 ac; prop. district= 15.2 ac By-right use(s): Residential dwellings—1 unit/acre
Location: 500 Birdwood Drive, Charlottesville, VA Rezone (portion): From R-1 to HC
Magisterial District: Samuel Miller Proffers: Yes
DA(Development Area): Neighborhood 6— Comp. Plan Designation: "Institutional"—schools,
Western Urban Neighborhood; in the Southern and libraries, parks, utilities, hospitals, universities, colleges,
Western Urban Neighborhoods Comp Plan Area. other developed or undeveloped publicly owned property.
Character of Property: Birdwood Golf Course; Use of Surrounding Properties: Boar's Head Resort;
UVA Golf and UVA Tennis facilities; and historic residential neighborhoods of.Ednam, Ednam Village,
Birdwood Mansion, a 14-acre site listed on the Ednam Forest, Bellair, Kenridge, and White Gables;
National Register of Historic Places and Virginia Ragged Mountain Reservoir and Natural Area.
Landmarks Register.
Proposal: Rezone an approximately 15.2-acre portion of the 544-acre Requested#of
property from Residential R-1 which allows residential uses (1 dwelling Dwelling Units: 0 (none)
unit/acre)to Highway Commercial (HC), with proffers, to allow for the
'renovation of the Birdwood Mansion, dependencies, and grounds for use as a
special events venue that includes overnight lodging.
Factors Favorable: Factors Unfavorable:
(see pages 10-12 for details) (see pages 10-12 for details)
1. The proposal is consistent with the Future Land Use recommendations in the 1. Proposed implementation of
Southern and Western Urban Neighborhoods Master Plan. new improvements inherently
2. The proposal includes proffers to mitigate reasonably anticipated impacts. creates some amount of risk
3. The proposed uses would be subject to an Event Management Plan. to the site's historic integrity.
4. The proposal creates no notable transportation issues, and the proffers 2. The 1proposed weekend
events
include commitments to conduct future traffic analysis and provide pro rata w would introduce a
mount of
financial contributions are any necessary transportation improvements. general p notable proximity too existing
5. The proposal is shaped by historic preservation and context-sensitive design dwellings in a residential
principles, and includes commitments to rehabilitate and reuse the historic site zoning district.
in ways that will not compromise the site's state or national historic listing. 3. The proffers do not contain
6. The proposal has been shaped by an archaeological survey and includes any commitments to limit the
plans for an archaeologist to monitor construction activity in the historic core. duration or timing of
7. The proposal has been shaped by a sound study, and the proffers include amplified music during
commitments to limit the maximum sound level output. weekend events.
RECOMMENDATION: Staff recommend approval of ZMA201800014 as presented and as proffered.
ZMA 2018-00014 Birdwood Mansion and Grounds
PC Public Hearing:June 4,2019
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STAFF PERSON: Tim Padalino, AICP
PLANNING COMMISSION: June 4, 2019
BOARD OF SUPERVISORS: July 17, 2019
ZMA201800014 Birdwood Mansion and Grounds
PETITION:
PROJECT: ZMA201800014.Birdwood Mansion and Grounds
MAGISTERIAL DISTRICT: Samuel Miller
TAX MAP/PARCEL(S): 07500000006300
LOCATION: 500 Birdwood Drive, Charlottesville, VA 22903
PROPOSAL: Rezone a portion of the property from Residential R-1 to Highway Commercial (HC).
PETITION: Rezone an approximately 15.2-acre portion of the 544-acre property from Residential R-1
which allows residential uses (1 dwelling unit/acre) to Highway Commercial (HC), with proffers, to allow for
the renovation of the Birdwood Mansion, dependencies, and grounds for use as a special events venue
that includes overnight lodging.
OVERLAY DISTRICT(S): ENTRANCE CORRIDOR, AIRPORT IMPACT AREA, and STEEP SLOPES—
MANAGED and—PRESERVED.
ENTRANCE CORRIDOR (EC): Yes
PROFFERS: Yes
COMPREHENSIVE PLAN: "Institutional"which allows for schools, libraries, parks, major utilities,
hospitals, universities, colleges, ancillary facilities, and undeveloped publicly owned property; and "Parks
and Green Systems"which allows for parks, playgrounds, play fields, greenways, trails, paths,
recreational facilities and equipment, plazas, outdoor sitting areas, natural areas, and preservation of
stream buffers, floodplains, and steep slopes adjacent to rivers and streams. In Neighborhood 6 of the
Southern and Western Urban Neighborhoods.
CHARACTER OF THE AREA:
The Birdwood property, owned by the University of Virginia Foundation (UVAF/ Foundation), is a 5447_
acre parcel which contains the 18-hole Birdwood Golf Course, including a driving range and short game
practice area, clubhouse, parking area, and various maintenance and storage structures. The course and
associated structures are on the northern portion of the parcel, and the remainder of the parcel is largely
the forested foothills of the Ragged Mountains. Birdwood is the home golf course for the University of
Virginia (UVA) Men's and Women's Golf Teams and is also open to the public, including guests of
adjacent Boar's Head Inn. The golf course is accessed from U.S. 250 (Ivy Road) via Boar's Head Drive.
A 14-acre portion of the Birdwood property is listed on the National Register of Historic Places as well as
the Virginia Landmarks Register. The historic site (which includes Birdwood Mansion, the historic
landscape, and several outbuildings) is located on the northern portion of the property and is accessed by
a private drive off of Ivy Road called Boar's Head Drive.
Additionally, Birdwood contains facilities for two UVA varsity sports programs. The UVA Golf Indoor
Practice Facility has recently been constructed and opened for use immediately southwest of the
Birdwood Mansion historic site; and the proposed UVA Tennis Facility has been approved for a site just
south of the Boar's Head Drive interconnection to the Boar's Head Resort, and in close proximity to the
existing Boar's Head Sports Club (which is located on the adjoining property).
Neighboring properties are mostly residential. Bellair neighborhood is to the east. To the north across Ivy
Road are the neighborhoods of Kenridge and White Gables. To the west of the golf course are the
neighborhoods of Ednam, Ednam Village, and Ednam Forest. The Boar's Head Resort property is also
located to the west, and includes the Boar's Head Sports Club which, like the Birdwood Golf Course, is
used for University of Virginia varsity sports. To the south is the Ragged Mountain Reservoir property,
ZMA 2018-00014 Birdwood Mansion and Grounds
PC Public Hearing:June 4,2019
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Ragged Mountain Natural Area, and several large wooded parcels. (Att. 1)
The Birdwood property is zoned R-1 Residential. Most adjacent parcels are also zoned residential, with
the exceptions of the Boar's Head Sports Club (zoned HC Highway Commercial), the Ednam Business
District(zoned CO Commercial Office), and Kenridge and White Gables which are located across U.S.
250/ Ivy Road from Birdwood (zoned CO Commercial Office with approved special use permits for
residential uses). (Att. 1)
PLANNING AND ZONING HISTORY:
• Birdwood Golf Course was constructed in 1984;'as a property zoned R-1 and owned by a state
institution, the University of Virginia (UVA)was not required to have a special use permit for a golf
course. In 1989 UVA transferred the property to the University of Virginia Foundation (UVAF/
Foundation).
• SP199600053—Special Use Permit approved with conditions for the continued golf course use on
property zoned R-1 and to allow the construction of an enclosed golf cart storage facility.
• SUB201500070—Boundary line adjustment plat to combine Birdwood Pavilion parcels with the
Birdwood Golf Course parcel; approved 5/6/2015.
• SP201500019—Amendment to SP1996-53 to allow for the construction of an indoor golf practice facility
to the southeast of the Birdwood Pavilion; approved with four conditions on 9/2/2015. (Please see
Attachment B)
• SP201700009—Amendment to SP201500019 to allow for the construction of the UVA Golf Indoor
Practice Facility to the southwest of the Birdwood Pavilion; approved with seven conditions on
9/13/2017.
• SP201700023—Amendment to SP20170009 to allow for the construction and restricted (temporary) use
of a new private street (or"connector road") that establishes vehicular interparcel connection with the
Boar's Head properties; approved with conditions on 12/13/2017.
• SP201700032—Amendment to SP201700023 to allow for the permanent unrestricted use of the
connector road, the addition of a 6-hole short course to the existing Birdwood Golf Course, and the
construction of a facility for UVA Tennis; approved with conditions on 8/1/2018.
• CPA201800006—Amendments to the Southern and Western Urban Neighborhoods Master Plan (S+W
Master Plan) subsection titled "Future Land Use: Other Areas of Importance— 1. Birdwood."This CPA
updated the Birdwood-specific section regarding existing land uses as well as recommendations about
appropriate future land uses, but the future land use designations were not amended. CPA201800006
was adopted/approved on 3/20/2019. See "Comprehensive Plan" section (pp. 5-6)for more detailed
information.
SPECIFICS OF THE PROPOSAL:
The University of Virginia Foundation (UVAF/ Foundation), applicant and property owner, proposes to
rezone an approximately 15-acre portion of the Birdwood property(TMP#75-63) from R1 Residential to HC
Highway Commercial, with proffers. The location and boundaries of the proposed district are identified on an
exhibit titled "Map Showing Proposed Area for Rezoning," prepared by Brian S. Ray, LS on behalf of Roger
W. Ray &Assoc., Inc. (Att. 2)
The purpose of this request is to allow for the use of the Birdwood Mansion and Grounds as an event venue
with overnight lodging accommodations. The proposal includes the rehabilitation and reuse of the historic
Birdwood Mansion; the rehabilitation, reuse, and repurposing of existing outbuildings and accessory
structures; the reuse and improvement of existing infrastructure; and the addition of new infrastructure (such
as roads and parking).
ZMA 2018-00014 Birdwood Mansion and Grounds
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The mansion would be used for small and medium events, and larger events would require the use of one or
more temporary structures and/or new permanent structures. The Project Narrative Materials (Att. 3) explain
that the proposal is to initially use one or more tents or other temporary structures to accommodate larger
events, and that"no permanent accessory structures are planned in the initial phase of the project."The
proposal does include the right to construct new permanent accessory structures in the future—provided that
certain "treatment guidelines" are followed as described on the Concept Plan (Att. 4), and provided that other
measures are employed, including consultation with the Virginia Department of Historic Resources and
others as described in the Project Narrative Materials (Att. 3).
The Project Narrative Materials (Att. 3), including the Project Proposal dated 4/1/19 and the Comment
Response Letter dated 5/10/19, provide detailed descriptions of the proposed uses as well as the
considerable efforts being made to ensure the project is planned, designed, implemented, and operated with
high sensitivity to historic preservation issues. The following is an overview of proposed event uses:
- Approximately 24 weekend events per year(for wedding and reception activities), with an estimated
average of 100-120 attendees; and
- Approximately 96 weekday events per year(such as business-related gatherings), with an estimated
average attendance of 25-30 attendees.
- Event operations would be conducted in accordance with an updated Event Management Plan, which
establishes protocols for managing event traffic, managing on-site and off-site parking including the use
of shuttling as needed, and notifying nearby residents of upcoming events and any associated travel
restrictions or other advisory information.
- Event operations would also be subject to proffers that would require all events using amplified sound to
use a venue-installed "house" sound system which would have a maximum sound level output of 85 dBA,
as measured at fifty (50) feet from the speaker.
As noted above, this proposal includes proffered commitments by the applicant, as described in the
"PROFFERS" section of this staff report(p. 9), and as contained in the Draft Proffer Statement(Att. 5).
APPLICANT'S JUSTIFICATION FOR THE REQUEST:
The Project Narrative Materials (Att. 3) provide a thorough explanation of the proposed rehabilitation and
reuse of the Birdwood Mansion and Grounds. These Project Narrative documents also articulate the
extensive amount of planning and design expertise being applied to this proposal, with particular
consideration being given to the challenges associated with bringing a new era of utility to this historic site
without compromising the historic integrity.
COMMUNITY MEETING:
The Community Meeting for this proposed project was held on December 17, 2018 during the monthly
Boar's Head/ Birdwood update meeting at the Boar's Head Pavilion. Attendees representing Albemarle
County included County Supervisor Liz Palmer and Tim Padalino (Senior Planner). Approximately 20
interested members of the public were in attendance. Mr. Fred Missel provided an overview of the
application and project proposal on behalf of UVAF.
The issues and concerns addressed during the meeting included the following:
• the potential noise/sound impacts associated with events, and the Foundation's coordination with
an acoustic engineer to evaluate potential impacts and develop recommendations for mitigation of
any such impacts;
• the Foundation's efforts to preserve a "buffer" of existing landscaping along the edges of Birdwood
Golf Course while reconstruction of the course is underway;
• concerns about increased traffic—particularly safety concerns arising from the existing conditions at
the Boar's Head Drive intersection with US 250, which was described as"quite a dangerous
ZMA 2018-00014 Birdwood Mansion and Grounds
PC Public Hearing:June 4,2019
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scenario," an "accident waiting to happen," and a "situation [that] is scary." Several attendees
explained that these concerns are in regard to observed unsafe turning movements, low nighttime
visibility due to insufficient roadway lighting levels, and a perceived risk of head-on collisions due to
dual left-turn lanes occupying the center lane.
In response to the community meeting discussion, the applicant asserted that the road safety concerns
are shared by the Foundation, and that they will continue to work on the issues identified above at VDOT's
direction and in conjunction with the County. The applicant also explained that the Foundation is focused
on issues relating to sound levels and sound duration, and would continue working with a sound engineer
to address these concerns.
COMPREHENSIVE PLAN:
The property is located on Tax Map Parcel #75-63, which is within Neighborhood 6 Comprehensive Plan
Area (Western Urban Neighborhood) within the Development Area. The majority of the Birdwood property,
including the site and vicinity 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
Institutional future land use designation (shown in blue on the Future Land Use map, below) represents
areas and uses which serve a public function. Primary uses include "universities" and "ancillary facilities,"
and also other developed or undeveloped publicly owned property. The Birdwood Mansion and Grounds
proposal is consistent with this designation.
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Master Plan (March 20, 2019). This portion of Birdwood is designated for"Institutional"future land uses.
ZMA 2018-00014 Birdwood Mansion and Grounds
PC Public Hearing:June 4, 2019
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A Comprehensive Plan Amendment (CPA201800006) was adopted on 3/20/2019 to amend the S+W Master
Plan's Future Land Use section relating specifically to the Birdwood property, which has long been identified
as an "Other Area of Importance." Birdwood has also long been located in "Area B,"which makes the use
and development of the property 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). Accordingly, this recent CPA was preceded by the Birdwood Area B Study, which was
subject to review by and consultation with PACC. The Area B Study was itself preceded by the Birdwood
Master Plan, which was prepared by UVAF. After the Foundation presented the Birdwood Master Plan to
Community Development Department(CDD) staff, CDD staff coordinated with the Foundation on the
preparation of the Area B Study. PACC endorsed the Birdwood Area B Study on 9/20/2018.
This Birdwood Mansion and Grounds proposal is consistent with the recent amendments to the S+W Master
Plan, which established the following language in the "Future Land Use: Other Areas of Importance— 1.
Birdwood" section:
"The Birdwood property also includes the historic Birdwood Mansion, which is listed on the
National Register of Historic Places and the Virginia Landmarks Register. This 14-acre historic
site includes the Birdwood Mansion, several contributing dependencies, and the surrounding
historic landscape. In the past, the mansion has provided a venue for small University related
events. The historic mansion, the surrounding historic landscape, and important dependencies
should be carefully retained in any future development.
The PACC-endorsed Birdwood Area B Study includes near-future plans for the Birdwood
Mansion, dependencies, and surrounding grounds to be rehabilitated and repurposed for
University-related events, other special events associated with the adjoining Boar's Head Resort,
and other hospitality and short-term lodging uses. Such planned reuse of the Birdwood Mansion
would bring a new era of utility and vitality to this historic site that is currently vacant, provided that
it is done in a context-sensitive way that does not compromise the historic integrity of the buildings
or landscape, and does not jeopardize it's listing on the state or national register."
Please note that this "Birdwood Mansion and Grounds" proposal is the only development or land use project
contained in the Birdwood Master Plan and in the PACC-endorsed Area B Study that has not already
received County zoning approval(s), or which has not been either partially or fully constructed. (Such projects
include the Boar's Head Drive permanent connector road, the reconstruction of Birdwood Golf Course and
addition of a 6-hole short course, the UVA Golf facility, and the UVA Tennis Facility). Although the approval
and implementation of this proposed project would appear to represent a "build out" of the Foundation's
current and near-future,plans for new uses and new improvements at the Birdwood property, additional
future development remains a hypothetical possibility for the long-range future of this 544-acre property in
the Development Area. For that reason, CPA201800006 included the following language:
"In the long-range future, portions of this large property could potentially serve a more intensive
function than it does presently. Possible considerations include, but are not limited to, a mixed-
use area near the entrance;additional University-related institutional, athletic, and/or hospitality
uses; and/or residential uses for other parts of the property not designated as a part of the Parks
and Green Systems. Before Birdwood could be further developed in ways that are not
contemplated in this Master Plan or contained in the PACC-endorsed Birdwood Area B Study, an
amen an amendment to the Southern and Western Urban Neighborhoods Master Plan would be
needed."
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The Neighborhood Model:
Staff has reviewed this proposal against the Neighborhood Model principles and has found no notable
deficiencies with any of the applicable principles. A detailed analysis of Neighborhood Model Principles is
provided as a separate attachment(Att. 6).
Relationship between the application and the intent and purposes of the requested zoning district:
The intentions of the requested Highway Commercial zoning district are contained in Zoning Ordinance (ZO)
Section 24.1, and include the following:
"HC districts are hereby created and may hereafter be established by amendment to the zoning
map to permit development of commercial establishments, other than shopping centers, primarily
oriented to highway locations rather than to central business concentrations. It is intended that HC
districts be established on major highways within the urban area and communities in the
comprehensive plan. It is further intended that this district shall be for the purpose of limiting
sprawling strip commercial development by providing sites with adequate frontage and depth to
permit controlled access to public streets."
Staff has identified no issues or concerns with this proffered proposal relative to the intent and purposes of
the proposed district.
The proposed combination of event uses and overnight lodging uses limited the potential types of requests
that could be made by the applicants. CDD staff coordinated closely with the applicants to identify potential
permit applications or other potential zoning requests, and to evaluate the advantages and disadvantages
of each potential option. Highway Commercial is one of the few zoning districts which can (potentially)
accommodate both types of uses.
After extensive pre-application communication, UVAF representatives and CDD staff concluded that a
proposal to request a zoning map amendment from R-1 Residential to Highway Commercial for a carefully-
defined portion of the overall Birdwood property was the most appropriate available option. This mutual
conclusion was largely predicated on the applicant's voluntary suggestion that such a proposal could be
proffered in ways that would significantly limit future uses of the property and which would also closely
resemble the zoning of the nearby Boar's Head Resort.
Anticipated impact on public facilities and services:
Streets:
The Traffic Memo (Att. 7) conducted by VHB, Inc. was reviewed by County staff and VDOT staff; this
review lead to no objections or requested revisions to the proposal. The anticipated increases in traffic
volume and vehicle trips associated with this proposal are projected to occur primarily outside of"peak
hours"—and as a result, no discernible negative impacts to safety or levels of service are anticipated on
Boar's Head Drive intersection with US 250 or to other nearby public roads.
However, some amount of uncertainty about the Boar's Head Drive intersection with US 250 exists due the
aggregate amount of recent development and redevelopment that has been occurring at both Birdwood
and Boar's Head, and also due to the(potential) changes to traffic patterns and volumes following the
permanent opening and unrestricted use of the new Boar's Head Drive interparcel connection. Additionally,
members of the public have articulated safety concerns arising from the existing conditions at the Boar's
Head Drive intersection with US 250, which was described during the community meeting as"quite a
dangerous scenario," an "accident waiting to happen," and a "situation [that] is scary."The same members
of the public also identified concerns about the potential for these problematic existing conditions to worsen
over time due to additional development, uses, and events at Birdwood.
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Regarding these uncertainties and concerns, the Foundation has committed to conducting multiple warrant
analyses at the Boar's Head Drive intersection with US 250 (first in 2019 and again in 2020)that will
analyze future traffic patterns and volumes and determine if any transportation improvements are
warranted. The Foundation has also committed to provide a pro rata financial contribution to future
transportation improvements (as may be warranted). Specifically, proffer#4 cross-references the existing
conditions of approval#8 and #9 for SP201700032 (approved 8/1/2018), which first established the
requirement for the Foundation to conduct such warrant analyses in both 2019 and 2020 at both the Boar's
Head Drive intersection with US 250 as well as the Ednam Drive intersection with US 250. The Resolution
to Approve SP201700032, including the conditions of approval, is provided as an attachment. (Att. 8)
The proposal also includes permanent closure of Birdwood Drive from the intersection with US 250 to a
point partway down the historic road where a new access road is proposed to connect Boar's Head Drive
to Birdwood Drive. Closure of this unsafe intersection (which is currently a restricted-use entrance that can
only be used by residents(of dwellings located on Birdwood Drive) in effect provides a positive impact to
US 250, a public road, in the sense that a hazardous entrance will no longer be used.
Schools:
The proposal includes no dwelling units and therefore would create no impacts to, and require no services
from, Albemarle County Public Schools.
Fire & Rescue:
Albemarle County Fire& Rescue indicated "No Objection"to this proposal (11/28/2018).
Utilities:
This project is in the ACSA water and sewer service jurisdictional area and both services are available.
ACSA has not communicated any concerns or objections to the requested zoning map amendment or the
proposed uses. RWSA also reviewed the proposal and indicated "No Objection" (11/21/2018).
Anticipated impact on environmental, cultural and historic resources:
As articulated in the Project Narrative Materials (Att. 3), UVAF remains committed to stewardship at
Birdwood while simultaneously rehabilitating and reusing the historic site. The Project Narrative Materials
indicate that the Foundation has an uncompromising commitment to maintaining the historic site's listing
on the National Register of Historic Places as well as the Virginia Landmarks Register if this proposed
project is approved and implemented. To help achieve this, the Foundation has assembled a highly
capable project team comprised of various subject matter experts to inform and shape the proposal, as
explained in the Project Narrative Materials (pp. 2-3 of the Project Proposal).
However, the proposed implementation of new improvements, such as the service road and/or potential
new permanent new accessory structures, inherently creates some amount of risk to the historic integrity
of the Birdwood historic site.
Regarding such potential impacts, the Project Narrative Materials document the applicant's "continued
commitment to maintaining the Property's historic listing"while planning, designing, and implementing all
aspects of this rehabilitation and reuse project. Such commitments identified by the applicant include
future consultation with the Virginia Department of.Historic Resources; adherence.to "treatment
guidelines"for the overall property (as described on the concept plan, and as informed by the Birdwood
Historic Landscape Report); collaboration with subject matter experts who have been assembled into the
Foundation's project team; and "the Foundation and University's demonstrated commitment to the
preservation of its historic resources both on and off Grounds."
Please reference the Landscape Preservation Memo (Att. 9) composed by Mrs. Rachel Lloyd of AECOM,
which provides important detailed information about the site analysis, planning, design, and construction
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of proposed improvements within the "historic core management zone," an area designated and described
on page 5 of the Birdwood Landscape Site Protection and Stewardship Strategies Plan (Att. 10).
Additionally, the development of this proposal included a Phase I Archaeological Survey (Att. 11)
conducted by Rivanna Archaeological Services, LLC, (RAS). This document identifies and describes
notable findings from the on-site archaeological survey, and also identifies recommended practices for
conducting land disturbing activities in historically sensitive ways. The also includes a corresponding
Construction Monitoring Plan (Att. 12) which would involve on-site archeological services by RAS during
construction activities that are proposed for sites within the historic core.
Anticipated impact on nearby and surrounding properties:
The proposed weekend events (approximately 24 weekend events per year)would introduce a notable
amount of sound (such as amplified music and other event-related sounds) to a site that has general
proximity to existing dwellings within residential zoning districts. The closest residential properties are
. approximately 850-900 feet away from proposed "temporary event tent"sites A and C. Temporary event
tent site B is approximately 650 feet from the nearest residential property, and approximately 800 feet
from the nearest dwelling.
Regarding these potential impacts, the Sound Study(Att. 13) conducted by Acentech demonstrates to the
satisfaction of CDD staff that the proposed events could be conducted in ways that would meet the
applicant's programmatic needs without generating sounds that violate the applicable regulations
contained in the Noise Ordinance..Additionally, the applicant has proffered a commitment for the proposed
event operations to adhere to the findings and recommendations of the sound study; specifically, the
applicant proffers to require all events using amplified sound to use a venue-installed "house" sound
system which would have a maximum sound level output of 85 dBA, as measured at a distance of fifty
(50)feet from the speaker.
Public need and justification for the change:
The Birdwood Mansion is a unique architectural treasure and a special historic landscape which
contributes to the heritage, character, and sense of place of this portion of Albemarle County. Because of
the local, state, and national significance of this historic site, and because disuse of historic properties
often leads to damage to (or loss of) historic resources, the proposed rehabilitation and reuse of the
Birdwood Mansion and Grounds would create a unique public benefit. Without approval of this request,
the proposed uses would not be possible—a scenario which would limit the Foundation's ability to
properly and fully conduct the proposed rehabilitation.
PROFFERS:
Proffers are contained in the Draft Proffer Statement(Att. 5) and are summarized below. Staff comments
are provided in italics following a brief description of each proffer.
• Proffer 1. Concept Plan: This proffer is a commitment to develop the subject property in general
accord with the"Rezoning Conceptual Plan" dated 5/10/2019.
Staff have worked closely with the applicants to identify and discuss initial concerns related to previous
versions of the Concept Plan. The applicants have addressed those concerns through multiple
revisions, including the detailed note about"treatment guidelines"that must be utilized if UVAF
decides in the future that a new permanent accessory structure would be necessary to meet their
programmatic needs.
• Proffer 2. Permitted Uses: This proffer substantially restricts the potential permissible uses within the
proposed district. This proposal would result in a proffered HC zoning district that is very similar to the
proffered HC district established for the Boar's Head Sports Club.
ZMA 2018-00014 Birdwood Mansion and Grounds
PC Public Hearing:June 4,2019
9
Staff has worked closely with the applicants to identify and discuss initial concerns with a small
number of uses that were not initially proffered away. However, the applicants have refined their
proffer commitment, and staff has no objections to or concerns with the uses that the applicant
proposes to retain as permissible.
• Proffer 3. Event Management Plan: This proffer is a commitment to update the previously-approved
Event Management Plan to the satisfaction and approval of the Zoning Administrator prior to issuance
of a Certificate of Occupancy for Birdwood Mansion and Grounds.
Staff has no objection to the Event Management Plan being finalized at a future date, closer to the
issuance of a Certificate of Occupancy, as this will allow the applicants to modify the Event
Management Plan in response to programmatic and operational details that have not yet been
finalized.
• Proffer 4. Transportation Analysis and Improvements: This proffer is a commitment to conduct
warrant analyses in 2019 and again in 2020 at both the Boar's Head Drive intersection with US 250 as
well as the Ednam Drive intersection with US 250.This proffer also includes a commitment to provide a
pro rata financial contribution for any future transportation improvements that are determined to be
necessary, based on the results of future warrant analyses.
Staff acknowledges these important commitments, which directly correlate with the previously-
established SP201700032 conditions of approval#8 and#9 (Att. 8), as described in the "Anticipated
impact on public facilities and services—Streets"section of this staff report.
• Proffer 5. Shared Parking Agreement: This proffer is a commitment to obtain Zoning Administrator
approval of a shared parking agreement with Boar's Head Resort.
Staff acknowledges UVAF's experience utilizing multiple parking areas at different locations on the
Birdwood and Boar's Head Resort properties to manage parking demands during events (and
occasionally during multiple events occurring simultaneously).
• Proffer 6. Maximum Sound Level: This proffer is a commitment to install a "house" sound system that
must be used for all events involving amplified music, and which must be limited to a maximum sound
level output of 85 dBA, as measured at a distance of fifty (50) feet from the speaker.
Staff acknowledges the importance of this issue, as described in the "Anticipated impact on nearby and
surrounding properties"section of this staff report(p. 9). Staff also affirms the value of this commitment to
a maximum sound level output. The required use of an event-installed sound system will help ensure
compliance with this commitment.
However, staff believes reasonably anticipated impacts stemming from event operations could be further
mitigated if this maximum sound level output commitment was combined,with a commitment to restrict
the hours of operation or restrict the use of amplified music to a specified time, to ensure that sounds
from events would discontinue at or before a certain time of night.
SUMMARY:
Staff has identified the following factors which are favorable to this request:
1. The proposal is consistent with the Future Land Use designations and recommendations in
the Southern and Western Urban Neighborhoods Master Plan, which states the following:
"The PACC-endorsed Birdwood Area B Study includes near-future plans for the Birdwood
Mansion, dependencies, and surrounding grounds to be rehabilitated and repurposed for
University-related events, other special events associated with the adjoining Boar's Head
Resort, and other hospitality and short-term lodging uses. Such planned reuse of the
Birdwood Mansion would bring a new era of utility and vitality to this historic site that is
ZMA 2018-00014 Birdwood Mansion and Grounds
PC Public Hearing:June 4,2019
10
currently vacant, provided that it is done in a context-sensitive way that does not compromise
the historic integrity of the buildings or landscape, and does not jeopardize it's listing on the
state or national register."
2. The proposal includes a Proffer Statement that includes proffers to develop the property in general
accord with the Concept Plan, to limit the permissible uses in the proposed HC district, and to
commit to several other measures (as described below in relation to varying project-specific
issues)that would help mitigate reasonably anticipated impacts generated by the proposed uses.
3. The proposed uses would be conducted in accordance with the Event Management Plan, which
establishes protocols for managing event traffic, for providing on-site and off-site parking and
shuttling, and for notifying nearby residents of upcoming events and any associated travel
restrictions or other advisory information. The Proffer Statement provides a commitment to update
the (Current) Event Management Plan (Att. 14) (established with the approval of SP201700032 on
8/1/2018) prior to issuance of a Certificate of Occupancy for the Birdwood Mansion and Grounds.
4. The Traffic Memo prepared by VHB, Inc. indicates that the estimated vehicle trips expected to be
generated by this proposal would generally occur outside of peak hour traffic patterns, and
therefore are not expected by VDOT or CDD Transportation Planners to create any notable
impacts. The Proffer Statement reconfirms the applicant's commitment to conduct future turn lane
warrant analyses at the Boar's Head Drive intersection with US 250 (as required by Special Use
Permit 201700032 condition of approval#8), which would identify any potential issues regarding
the safety and level of service of that intersection—including any corresponding infrastructure
improvements which might potentially be necessary.
5. The proposal, as shown and annotated on the Concept Plan and as described in the Project
Narrative materials, is strongly shaped by principles of historic preservation and context-sensitive
design. This includes the rehabilitation and reuse of existing historic structures and infrastructure,
as well as the careful planning and design of a relatively small number of proposed new
improvements. The proposal also includes assurances that the proposed rehabilitation and reuse
would occur in ways that maintain the historic integrity of the Birdwood Mansion and historic
landscape. Such commitments identified by the applicant include future consultation with the
Virginia Department of Historic Resources; adherence to "treatment guidelines" for the overall
property (as described on the concept plan, and as informed by the Birdwood Historic Landscape
Report); collaboration with subject matter experts who have been assembled into the Foundation's
project team; and continuation of"the Foundation and University's demonstrated commitment to
the preservation of its historic resources both on and off Grounds."
6. The development of this proposal included a Phase I Archaeological Survey conducted by Rivanna
Archaeological Services, LLC, which identifies and describes notable findings from the on-site
archaeological survey, and which identifies recommended practices for conducting land disturbing
activities in historically sensitive ways as specified in the corresponding Construction Monitoring
Plan.
7. The development of this proposal included a Sound Study conducted by Acentech which included
on-site testing as well as the development of a sound propagation model. The Sound Study
concluded that each of the three sites evaluated for suitability as an outdoor event space (marked
as A, B, and C on the Concept Plan) "are predicted to meet the county's noise ordinance and be
below 60dBa at the property line." The Proffer Statement provides a commitment that all events
involving amplified music shall be required to use a venue-installed "house" sound system which
would have a maximum sound level output of 85 dBA, as measured at fifty (50)feet from the
speakers.
ZMA 2018-00014 Birdwood Mansion and Grounds
PC Public Hearing:June 4,2019
11
•
•
Staff has identified the following factors which are unfavorable to this request:
1. The proposed implementation of new improvements, such as the service road and/or potential new
permanent new accessory structures, inherently creates some amount of risk to the historic
integrity of the Birdwood historic site.
However, the application materials document the applicant's "continued commitment to
maintaining the Property's historic listing"while planning, designing, and implementing all aspects
of this rehabilitation and reuse project. Such commitments identified by the applicant include future
consultation with the Virginia Department of Historic Resources; adherence to "treatment
guidelines"for the overall property (as described on the concept plan, and as informed by the
Birdwood Historic Landscape Report); collaboration with subject matter experts who have been
assembled into the Foundation's project team; and "the Foundation and University's demonstrated
commitment to the preservation of its historic resources both on and off Grounds." The proposal
also includes a Construction Monitoring Plan which would involve on-site archeological services by
Rivanna Archaeological Services, LLC during construction activities that are proposed within the
historic core.
2_The proposed weekend events (approximately 24 weekend events per year) would introduce a
notable amount of sound (such as amplified music and other event-related sounds) to a site that
has general proximity to existing dwellings within residential zoning districts.
However, the Sound Study demonstrates to the satisfaction of CDD staff that the proposed events
could be conducted in ways that would meet the applicant's programmatic needs without
generating sounds that violate the applicable regulations contained in the Noise Ordinance.
Additionally, the applicant has proffered a commitment for the proposed event operations to
adhere to the findings and recommendations of the sound study; specifically, the applicant proffers
to require all events using amplified sound to use a venue-installed "house" sound system which
would have a maximum sound level output of 85 dBA, as measured at fifty (50)feet from the
speaker.
4-3_Proffer#6 (involving commitments to mitigate reasonably anticipated impacts from amplified
music) do not include any commitments to restrict the hours of operation or restrict the use of
amplified music to a specified time, which could ensure that sounds from events would discontinue
at or before a certain time of night.
RECOMMENDATION—ZMA201800014:
In consideration of staff evaluation and analysis of this proposal relative to the factors contained in Zoning
Ordinance Section 33.27.B, and based on the favorable factors substantially outweighing the unfavorable
factors, staff recommends approval of ZMA201800014 "Birdwood Mansions and Grounds" provided
that a finalized and signed/notarized proffer statement is submitted prior to advertisement of a legal notice
of a Board of Supervisors public hearing (or no later than Monday, July 1, 2019).
PLANNING COMMISSION POSSIBLE MOTIONS—ZMA201800014:
A. If the ZMA is recommended for approval: Move to recommend approval of ZMA201800014 "Birdwood
Mansions and Grounds."
B. If the ZMA is recommended for denial: Move to recommend denial of ZMA201800014 "Birdwood
Mansions and Grounds."
ZMA 2018-00014 Birdwood Mansion and Grounds
PC Public Hearing:June 4,2019
12
SPECIAL EXCEPTION REQUESTS:
The applicant has requested four Special Exceptions (SE) as identified and described in the Special
Exhibit Application document. (Att. 15).
Specifically, the Special Exception Application contains one requested modification and three requested
waivers, all of which relate to setback requirements, buffer zone requirements, and screening
requirements. Such requirements would automatically take effect if this ZMA proposal is approved
because the requested Highway Commercial zoning district would adjoin a R-1 Residential zoning district.
However, in this scenario, both districts would be located on the same Tax Map Parcel, and would be
under common ownership (UVAF).
The following (below) is a summary of the requested Special Exceptions; please refer to Attachment 15 for
a complete description. Please also reference the."Exhibit Showing HC Setback Requirements" (Att. 16),
which shows the various requirements and regulations that would be in effect absent any waivers or
modifications being granted.
(Note: the first paragraph of the Special Exhibit Application contains outdated references to the acreage of
the proposed district and to the dates of certain documents; those details correspond to earlier submittal
materials which have since been replaces with revised resubmittal materials.)
1. Modify (reduce)the minimum side and rear setback from fifty (50)feet to zero (0)feet;
2. Waive (eliminate)the regulation that prohibits off-street parking within the side and rear setback areas;
3. Waive (eliminate) the regulation that prohibits any construction activity, grading, or clearing of
vegetation within a buffer zone extending twenty(20)feet from an adjoining residential district; and
4. Waive (eliminate)the regulation that requires screening within the buffer zone
When evaluating these requested Special Exceptions, staff recognizes the importance of the intent of the
Zoning Ordinance requirements and regulations; but staff concurs with the applicant that such
requirements and regulations are not essential in this particular scenario.
This concurrence is primarily based on the existing residential district and the proposed commercial
district being under common ownership, and also on the fact that the existing residential district contains
the Birdwood Golf Course and does not contain residential dwellings. Additionally, strict application of the
setback, buffer zone, and screening requirements and regulations would limit the ability of the property
owner to plan, design, and construct the proposed uses and improvements in ways that maximize historic
preservation and context-sensitive design.
In consideration of these site-specific factors, the increased spatial and programmatic flexibility that would
be provided through approval of these requested Special Exceptions is more of a priority than the strict
application of setback, buffer zone, and screening requirements between two districts proposed to be
located on one parcel under common ownership. The flexibility would allow the rehabilitation and reuse of
the historic site to occur in the most sensitive ways possible, which is an important way to allow for"an
improved site design"to be achieved without compromising public health, safety, or welfare.
RECOMMENDED ACTION:
Staff recommends approval of the requested Special Exceptions, as identified in the Special
Exception Application document(dated 10/29/2018, and provided as Attachment 15).
POSSIBLE PLANNING COMMISSION MOTIONS—SPECIAL EXCEPTION REQUEST:
In accordance with ZO Sections 33.47.E and 33.48.B, the Commission may include in its
recommendations for ZMA and/or SP applications containing special exceptions a recommendation on the
ZMA 2018-00014 Birdwood Mansion and Grounds
PC Public Hearing:June 4,2019
13
special exceptions and any recommended conditions.
A. Should the Planning Commission choose to recommend approval of the requested special
exceptions: I move to recommend approval of the requested special exceptions for the reasons
outlined in the staff report.
B. Should the Planning Commission choose to recommend denial of the requested special exceptions:
I move to recommend denial of the requested special exceptions (state reasons for recommending
denial).
ATTACHMENTS:
1 — Location Maps
2 — Survey of Proposed HC District(3/21/19)
3—Protect Narrative Materials (Project Proposal—4/1/19 and Comment Response Letter—5/10/19)
4—Concept Plan (5/10/19)
5—Draft Proffer Statement (5/10/19)
6—Staff Analysis of Neighborhood Model Principles
7—Traffic Memo (10/26/18)
8—SP201700032 Resolution and Conditions of Approval (8/1/2018)
9— Landscape Preservation Memo (5/10/19)
10— Birdwood Landscape Site Protection and Stewardship Strategies Plan (2015)
11 — Phase 1 Archaeological Survey (3/20/19)
12—Construction Monitoring Plan (5/9/19)
13—Sound Study (3/28/19)
14—(Current) Event Management Plan (4/30/2018)
15—Special Exception Application (10/29/18)
16—Special Exception Exhibit Setback Requirements as Required by Ordinance (3/21/19)
ZMA 2018-00014 Birdwood Mansion and Grounds
PC Public Hearing:June 4,2019
14
oFAL
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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
June 21,2019
Valerie Long
Williams Mullen
321 East Main St, Suite 400
Charlottesville VA 22904
RE: ZMA201800014 Birdwood Mansion and Grounds
Dear Ms Long,
The Albemarle County Planning Commission,at its meeting on June 4,2019,by a vote of 7:0
recommended approval of ZTA201800014 Birdwood Mansion and Grounds for the reasons stated in the
staff report..Commission recommended approval of Special Exceptions#1 thru#4 as provided in the staff
report.
If you should have any questions or comments regarding the above noted action,please do not hesitate to
contact me at(434)296-5832.
Sincerely,
Tim Padalino,AICP
Senior Planner
Planning Division
Cc. University of Virginia Foundation
PO Box 400218
Charlottesville VA 22904
BIRDWOOD MANSION AND GROUNDS
ZMA 2018-00014
PROFFER STATEMENT
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 in any HC district,subject to the applicable
requirements of this chapter. The zoning administrator, after consultation with the director of
planning and other appropriate officials,may permit, as a use by right, a use not specifically
permitted;provided that such use shall be similar to uses permitted by right in general character,
and more specifically, similar in terms of locational requirements, operational characteristics,
visual impact and traffic generation.Appeals from the zoning administrator's decision shall be as
generally provided in section 34.
1.
2. ,
3.
4. Building materials sales.
5. Churches,cemeteries.
6. Clubs, lodges(reference 5.1.02).
7. lenience stores.
8. ,
9.
10. Feed and seed stores(reference 5.1.22).
11.
12. ,
13. Fire and rescue squad stations(reference 5.1.09).
14. Funeral-homes.
15. mares.
16. earKly,netilk
17. ,
18.
19. ealeas6'81
20. Hotels,motels and inns.
21. Light-warehousing:
22. .
23. .
24.
25. Motor vehicle sale" a ,,,a t l
26.
2
27.
28. .
29. .
30. Eating•establishment;fast-feed refits.
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. Indoor-theaters,
39.
40.
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial,
C-1.
42. athletic f cil ties (n ddea 9 y 5 93)
43. Farmer's market(reference 5.1.47). (Added 10 11 95).
44. Stormwater management facilities shown on an approved fmal 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.
47. Lahe ,,, , , r , r tal Testing. g, fl er area
u4VRl.VVI 1\VUVGLL VJ.i f.{lAl1 JJV YViV1.1iiLV11Y LL1�lMLllil� ,
7
7
48. ;
49. ;
floor arm of the establishment may exceed 4,000 square feet per site by special
50. rence 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 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. Drug store,pharmacy.
5. Florist.
6. Food-and-greeetT-steres-ineluding-suen-speeialty-sheps-as-baketT;-eanelyTrailk
7. Furniture and home appliances(sales and service).
8. Hardware-stem:
9.
10. .
11. O geeds.
12. Photographic-geed&
13. .
14. Sporting
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
18. ;
19. Drive through - does (ref recce r 60) r n a rea 3 2 16)
b. The following services and public establishments:
1. .
2. Barber-Thew:kb-shops..
3. .
4. Clubs,lodges(reference 5.1.02).
5. .
6. Fire and rescue squad stations(reference 5.1.09).
7. Funeral-hemes.
8. .-spas.
9. Indoor-theaters,
10. Laundries,dry cleaners.
11.
operation),
12. LibrariesTinuseums,
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 athletic facilities. (added 9 15 95)
25. (Repealed ?.0).
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: (77-17TA1
Printed Name: —Fill R 05e_
Title: C�'1).Q'` E- CLVQ efaC4A(
Date: 71 1 I
� t
39112094 1
6
Exhibit"A"
Rezoning Boundary
(attached)
7
Exhibit"B"
Rezoning Conceptual Plan
(attached)
39112094 1
8
ORDINANCE NO. 19-A( )
ZMA 2018-00014
AN ORDINANCE TO AMEND THE ZONING MAP
FOR TAX MAP PARCEL 07500-00-00-06300
WHEREAS,the application to rezone a 15.2-acre portion of the 544-acre property from RI Residential to
HC Highway Commercial for Tax Map Parcel07500-00-00-06300 is identified as ZMA 2018-00014 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 of Supervisors 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 2018-00014 with the
Concept Plan entitled`Birdwood Mansion and Grounds,Charlottesville,VA,ZMA 2018-00014,"prepared by Elise
Cruz,UVA Foundation,with page 1 of 3 dated May 10,2019,and pages 2 and 3 of 3 dated March 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 to ,as recorded below,
at a regular meeting held on
Clerk,Board of County Supervisors
Ave Nay
Mi.Dill
Mr. Gallaway
Ms.Mallek
Ms. McKeel
Ms.Palmer
Mr. Randolph
RESOLUTION TO APPROVE SPECIAL EXCEPTIONS
FOR ZMA 2018-14 BIRDWOOD MANSION AND GROUNDS
WHEREAS,the owner of Tax Parcel 07500-00-00-06300 filed a request for special exceptions to
modify or waive requirements of the following Zoning Ordinance requirements in conjunction with ZMA
2018-14 Birdwood Mansion and Grounds as depicted on the pending plans under review by the County's
Department of Community Development:
General regulations:
• § 18-4.20(a)—Setbacks and stepbacks in conventional commercial and industrial districts
Commercial District—Generally:
• § 18-21.7—Minimum yard requirements
Site plans:
• § 18-32.7.9—Landscaping and screening;and
NOW,THEREFORE,BE IT RESOLVED that, upon consideration of the foregoing,the
Transmittal Summary and Staff Analysis prepared in conjunction with the application,all of the factors
relevant to the special exceptions in County Code §§ 18-4.20(a), 18-21.7, 18-32.7.9, 18-33.47.B, 18-33.48.B,
and 18-33.49, and the information provided at the Board of Supervisors' meeting,the Albemarle County
Board of Supervisors hereby approves the special exceptions to authorize the modification and waiver of the
County Code sections set forth above,subject to the conditions attached hereto.
* * *
I, Claudette K.Borgersen,do hereby certify that the foregoing writing is a true,correct copy of a Resolution
duly adopted by the Board of Supervisors of Albemarle County,Virginia,by a vote of to ,as
recorded below, at a regular meeting held on
Clerk,Board of County Supervisors
Aye Nay
Mr. Dill
Mr. Gallaway
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr.Randolph
ZMA 2018-14 Birdwood Mansion and Grounds Special Exception Conditions
1. The modification and waivers of the above-referenced County Code sections must be in general
accordance with the Concept Plan entitled`Birdwood Mansion and Grounds,Charlottesville,VA,ZMA
2018-00014,"prepared by Elise Cruz,UVA Foundation,with page 1 of 3 dated May 10,2019,and pages 2
and 3 of 3 dated March 28,2019,and Proffers dated May 10,2019.
RECEIVED
JUL 2 9 2019
COMMUNITI
DEVELOPMERI I