HomeMy WebLinkAboutZMA201800014 Review Comments 2019-05-01 kd I l i yi
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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
May 1, 2019
Valerie Wagner Long
321 East Main St. Suite 400
Charlottesville, VA 22902
vlong@,williamsmullen.com/(434)-95 1-5709
Elise Cruz
PO Box 400218
Charlottesville, VA 22904
ecruz@uvafoundation.com/(434)-982-924-2365
RE: Review Comment Letter#2 /ZMA-2018-00014 (Birdwood Mansion and Grounds)
Mrs. Long and Mrs. Cruz:
Members of Albemarle County staff and our partner agencies have reviewed your revised and
resubmitted application materials (received 4/1/2019) for Zoning Map Amendment ZMA-2018-
00014. The revised, resubmitted application materials request to rezone an approximately 15.2-acre
portion of the 544-acre property identified as Tax Map Parcel#75-63 from Residential R-1 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.
Updated review comments are provided below, organized by Department, Division, or agency.
Although some review comments remain(see below), Community Development Department
(CDD) staff believe your request may be ready to proceed to a public hearing with the Planning
Commission,provided that certain revised application materials are submitted in a timely manner.
Please contact me to discuss your intended next steps after reviewing these review comments and
the attached Action After Receipt of Comment Letter document.
As always, CDD staff remain available to provide assistance and discuss this comment letter, and
any other aspect(s)of your applications, at your request.
Planning:
The following CDD-Planning review comments are organized as follows:
• How the proposal relates to the Comprehensive Plan
• The Neighborhood Model analysis
• Additional Planning comments
Page 1 of 11
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Comprehensive Plan:
Comments on how your project conforms to the Comprehensive Plan will be provided to the
Planning Commission and Board of Supervisors as part of the staff report that will be prepared for
the work session or public hearing. The comments below are in preparation for the Planning
Commission review, and may change based on direction from the Commission and/or with
subsequent submittals.
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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 portion of the Birdwood property involved in this proposal is designated for"Institutional"uses
(shown in blue) on the Future Land Use Map in the Southern and Western Urban Neighborhoods
Master Plan(S+W Master Plan). The Birdwood property is also located within Area B, and is
therefore subject to a three-party collaborative planning agreement with the University of Virginia,
County of Albemarle, and City of Charlottesville(Planning and Coordination Council/PACC).
As discussed prior to the submittal of ZMA-2018-00014, and as identified in the first review
comment letter(dated 12/17/2018), the original proposal was not consistent with the Future Land
Use language that was in the S+W Master Plan at the time of your original application. However, as
you are aware, on 3/20/2019 the Board of Supervisors voted to adopt and approve CPA-2018-00006,
which updated the Future Land Use Plan for the Birdwood property. In consideration of these
amendments to the Southern and Western Urban Neighborhoods Master Plan, ZMA-2018-00014 is
consistent with the current Future Land Use recommendations,which include the following:
"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
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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. "
In addition to consistency with the Comprehensive Plan,please also be advised that all zoning map
amendment applications are evaluated relative to the "factors to be considered" specified in County
Code §18-33.27(B).
Neighborhood Model:
In 2001, the County adopted the Neighborhood Model (NM),which consists of twelve different
recommended characteristics to guide the form of proposed development projects within the
Development Areas.
General comments on how well the proposed development meets the principles of the
Neighborhood Model are provided below, to the extent that NM analysis can be conducted at this
time with the materials provided to date. More detailed comments will be provided at a later date
after more detailed conceptual plans are provided and/or if changes are made to the proposal.
Pedestrian Information submitted with previously-approved SP-2017-00032,described in
Orientation previous community meetings,and contained within the PACC-endorsed Birdwood
Area B Study suggests that the Birdwood property will contain a network of non-
vehicular connections (golf cart paths and walking trails)which would provide
access throughout the Birdwood property,and which would provide pedestrian
connection with the designated"Center"at Boar's Head.
Principle is met.
Mixture of Uses The special events proposal would establish new,complimentary uses to the
surrounding Birdwood Golf Course and adjacent Boar's Head Resort.
Principle is met.
Neighborhood Information submitted with previously-approved SP-2017-00032,described in
Centers previous community meetings,and contained within the Birdwood Area B Study
suggests that the Birdwood property will contain a network of non-vehicular
connections (golf cart paths and walking trails)which would provide access
throughout the Birdwood property and which would provide pedestrian connection
with the designated"Center"at Boar's Head.The Boar's Head Drive provides
vehicular interparcel connection to the"Center"at Boar's Head.
Principle is met.
Mixture of Housing Principle is not applicable.
Types and
Affordability
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Interconnected The proposal utilizes existing transportation infrastructure, including Boar's Head
Streets and Drive which now provides a permanent vehicular interparcel connection between
Transportation the Birdwood property and Boar's Head Resort.An existing service drive to the
Networks rear/south of the Birdwood Mansion would provide service vehicles and emergency
vehicles with vehicular access around the entire project site.
Principle is met.
Multi-modal Proposal includes partial reliance on shuttling guests to the Birdwood Mansion from
Transportation the Boar's Head Resort and the Birdwood Golf Clubhouse parking lot. Information
Opportunities submitted with previously-approved SP-2017-00032, described in previous
community meetings,and contained within the Birdwood Area B Study suggests that
the Birdwood property will contain a network of non-vehicular connections (golf cart
paths and walking trails) which would provide access throughout the Birdwood
property and which would provide for some connectivity with surrounding
residential neighborhoods and the designated"Center"at Boar's Head.
However,the application materials do not contain any explicit information about
these types of non-vehicular connections.The proposal also does not appear to
contain any information about the proposed Three Notch'd Trail,a planned greenway
that will connect Crozet and Charlottesville and which is proposed to have a general
alignment along the 250 / Ivy Road corridor.
Principle is partially met;further evaluation pending.
Parks,Recreational This proposed project is situated within a large golf course with cart paths which can
Amenities,and Open be used by guests of the Boars Head Resort and event attendees,and (potentially) by
Space members of the public.The Birdwood property also contains extensive hiking trails
which can be accessed by the cart paths and other sidewalks.The portions of the
subject property which have a future land use designation of"Parks and Green
Systems"are excluded from this proposal,and therefore would not be impacted or
otherwise affected.
Principle is met.
Buildings and Space The proposal is to rehabilitate and reuse existing historic structures; no new
of Human Scale structures are shown on the conceptual plan.
Principle is met.
Relegated Parking The conceptual plan appears to show all proposed new parking located in a side yard
area,beyond the front facade of the primary structure (historic mansion).The
proposal also utilizes existing parking areas and shared parking agreements.
Principle is met.
Redevelopment The proposed rehabilitation and reuse of the Birdwood Mansion would end an era of
disuse and thereby prevent further deterioration of this historic resource,and would
bring a currently underutilized structure into a new era of stability and functional
use.The proposal would also partially utilize existing transportation infrastructure.
Principle is met.
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Respecting Terrain Although a conceptual grading plan was not provided,the proposal and program for
and Careful Grading this property do not seem to require extensive grading.Construction of a new access
and Re-grading of road/driveway will partially utilize a historic driveway alignment; and the remaining
Terrain (unused)section of that historic driveway alignment will be preserved.
However,a proposed service road (or similar improvement)leading to the
southwestern corner of the Birdwood Mansion would require grading and
construction within the root zone of a row of very large mature canopy trees,and
would likely send these trees (which contribute significantly to the historic
landscape)into decline.Staff strongly recommends removal of this proposed
improvement,and the use of existing service drives.
Staff recommends archaeological surveying for any disturbance within the historic
core (see CDD-ARB review comments dates 4/26/2019).
Principle is partially met
Clear Boundaries The portion of the Birdwood property which adjoins the Rural Areas,and which is
with the Rural Area designated as Parks and Green Systems on the Future Land Use Plan,would remain
undeveloped forested foothills in this proposal.
Principle is met.
Additional Planning Comments:
1. Comprehensive Plan/CPA-2018-00006: In consideration of recent amendments to the
Southern and Western Urban Neighborhoods Master Plan(CPA-2018-00006),ZMA-2018-
00014 is consistent with the Future Land Use recommendations.
2. Conceptual Plan: Staff acknowledge revision of the conceptual plan to provide more details at
a larger scale. Thank you. Staff review of the revised conceptual plan has led to the following
comments:
a. Staff are concerned about the lack of specificity of the following note: "Temporary event
tents or permanent accessory structures may be erected in these areas. " It is difficult to
evaluate the potential impacts of those variable proposals; for example, temporary tents
would have a different type and degree of impact to historic resources than a permanent
structure would, and any such impacts would be different depending on the particular
location of the event facility. Please revise this note to be more specific about proposed
location(s) of temporary event tents, and proposed location(s) of permanent accessory
structures (as may be applicable).
b. Please identify the proposed new improvement on the southwest edge of the"historic
core" (appearing to be a service drive with a vehicular turnaround), and please explain
the intended use of this improvement. Due to the physical impacts such an improvement
would likely have on the root systems of the row of very large mature canopy trees, and
due to other general impacts to the character of this historic landscape, staff strongly
recommend the removal of this proposed improvement and the use of other existing
travelways for deliveries and other similar service trips.
c. It appears that there are linear features(appearing as thin white lines) shown within the
proposed HC District(distinct from the cart paths, shown in a thicker gray line). Please
clarify if these are proposed features—and if so,please identify them (such as walking
trails).
d. Please also see review comments from CDD-Zoning staff and CDD-ARB staff.
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3. Proposed District Boundaries: Staff acknowledge that the proposed district boundaries have
been revised to exclude all Birdwood Golf Course tees, fairways, bunkers, greens, and similar
features of play from the proposed HC district. Thank you.
4. Proffer Statement: Staff acknowledges the revision and resubmittal of the proffer statement
(now dated April 1, 2019). Thank you for providing this in blackline and clean formats. Staff
review of the revised proffer statement has led to the following comments:
a. (Proffer 2): Please review and confirm the proposed uses; there are discrepancies
that need to be resolved. For example, some of the uses listed as permissible in
paragraph 2.a are then shown as being struck through in the ensuing list of
permissible uses under heading 24.2.1. Similarly, some of the uses listed as
permissible in paragraph 2.b are then shown being struck through in the ensuing list
of permissible uses under heading 22.2.1. Please address and resolve these
discrepancies.
b. (Proffer 4): This cross-reference to SP-2017-00032 conditions of approval#8 and
#9 is appropriate. However, the option described in this proffer is not currently
possible, even if it is worded to be an option at the County's discretion. More
specifically, modifying the timing of the warrant analyses that are required by SP-
2017-00032 conditions of approval#8 and#9, or changing the reference point from
the permanent opening of the connector road to the issuance of a Certificate of
Occupancy for the Birdwood Mansion and Grounds,would require an approved
Special Use Permit Amendment to alter the terms of SP-2017-00032. Alternately, if
the applicant wishes to preemptively address any uncertainty about potential future
changes to traffic volumes and patterns after the opening of the Birdwood Mansion
and Grounds, a third(additional)round of warrant analyses could be conducted at a
specified amount of time after the issuance of a Certificate of Occupancy for the
Birdwood Mansion and Grounds, separate from and in addition to the two rounds of
warrant analyses that are required by the previous special use permit. Regardless,
Staff recommends removing the language about this option, and maintaining the
cross-reference to SP-2017-00032 conditions of approval#8 and#9 (as stated in the
first sentence of proffer 4).
5. Sound Study: Staff acknowledge the preparation and submittal of the Sound Study prepared
by Acentech(dated 3/28/2019). Thank you. Staff review of the sound study has led to the
following comments:
a. Staff acknowledge that this study, including the sound level predictions and noise
contour models contained therein, appear to demonstrate that the proposed special
events could be able to comply with the applicable Noise Ordinance requirements
and regulations (provided that setup and operation of sound equipment is done in
ways that are identified in the sound study).
b. Please clarify if any commitments are being made as part of this ZMA application
to setup and operate sound equipment at Birdwood Mansion and Grounds in a
manner that would be consistent with the assumptions and models contained in the
sound study, and which would therefore be reasonably expected to comply with the
applicable Noise Ordinance requirements and regulations.
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CDD-Zoning:
Written review comments from Lea Brumfield, Senior Planner, are pending and will be provided
upon receipt.
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CDD-ARB/Design Planning:
Written review comments (dated 4/26/2019) from Margaret Maliszewski, Principal Planner, are
attached to this letter. Mrs. Maliszewski has indicated a review status of"Requested Changes."
CDD-Engineering:
County Engineer Frank Pohl, PE, CFM, has indicated"No Objection"on 4/22/2019. Mr. Pohl has
also explained during interdivisional meetings that VSMP permitting would be required for the
proposed project [through the preparation and submittal of a Water Protection Ordinance (WPO)
Plan application, separate from the Site Plan application]. This would be done through the
submittal of an application for a new WPO Plan utilizing the"Common Plan of Development"
framework(in the context of the-other approved or active WPO Plans for TMP #75-63).
Albemarle County Service Authority(ACSA):
Written review comments for the resubmittal materials have not been received from the ACSA.
Any/all review comments will be promptly forwarded upon receipt from ACSA.
Rivanna Water and Sewer Authority:
Victoria Fort, PE, Senior Civil Engineer indicated"No Objection"on 11/21/2018, and provided the
following comments (below). No RWSA review comments have been provided to date for the
resubmittal materials.
1. Capacity issues for sewer that may affect this proposal : None Known
2. Requires Rivanna Water and Sewer Authority Capacity Certification: Yes X No
3. Water flow or pressure issues that may affect this proposal: None Known
4. "Red Flags"regarding service provision(Use attachments if necessary): None Known
Albemarle County Fire & Rescue:
The following comments (below)were provided by Deputy Fire Marshall Shawn Maddox on
11/28/2018: "Fire Rescue has no objections to the special use permit application as submitted."No
ACFR review comments have been provided to date for the resubmittal materials.
Action after Receipt of Comments:
After you have read this letter,please take one of the actions identified on the following pages
titled"Action After Receipt of Comment Letter."
Resubmittal:
If you choose to resubmit,please submit revised application materials on one of the formal
resubmittal dates. Please note that a second resubmittal will require an additional fee.
Notification and Advertisement Fees:
Prior to scheduling a public hearing with the Planning Commission:
$ 392.00=Cost for newspaper advertisement
$ 215.00=Cost for notification of adjoining owners (minimum $200+actual postage/$1 per owner
after 50 adjoining owners)
$ 607.00=Total amount due prior to Planning Commission public hearing
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Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the
Board hearing needed.
$392.00=Additional amount due prior to Board of Supervisors public hearing
$ 999.00=Total amount for all notifications.Fees may be paid in advance. Payment for both the
Planning Commission and Board of Supervisors public hearings may be paid at the same time.
Additional notification fees will not be required unless a deferral takes place and adjoining owners
need to be notified of a new date.
Please contact me if you would like to set up a eeting to discuss this comment letter or any other
aspect of your proposed project, or to share any questions or requests for assistance you may have.
My phone number is (434)296-5832, x. 3088, . d my email address is tpadalino(aialbemarle.org.
Sincerely,
P41444.---
Tim Padalino,AICP
Senior Planner
Planning Services
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DEPARTMENT OF COMMUNITY DEVELOPMENT
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ACTION AFTER RECEIPT OF COMMENT LETTER
SECOND SET OF COMMENTS
Your project has been tentatively scheduled for a public hearing by the Planning Commission (PC)
for June 4, 2019, unless you request that the hearing be deferred to a later date. As you will read
in this comment letter, staff have identified issues and have recommended changes to your
project to help you achieve approval. Without these changes, staff cannot currently recommend
approval to the PC.
If you would like to address the comments you must request deferral by Friday, May 10. If you
choose not to request deferral of the public hearing date, staff will take your project to the
Planning Commission as resubmitted on April 1, 2019, but without a recommendation of
approval. Instructions for requesting a deferral of the public hearing are outlined below.
Please note that you can submit revisions, and continue to receive review comments from
County staff, even if you defer your application.
No later than Friday, May 10, 2019, please do one of the following:
(1) Resubmit in response to review comments by the date noted above
(24 R ,. ucst deferral e d by Section 33 52 n these inctanccc•
Note: Deferral for ZMA-2018-00014 pursuant to Section 33.52 was received
12/21/2018,with BOS action requested no later than 9/1/2019.
(3) Proceed to Planning Commission public hearing on June 4, 2019
(4) Withdraw your application
(1) Resubmittal in Response to Review Comments
If you choose to resubmit (see option (2), below) please be sure to include the resubmittal form
on the last page of your comment letter with your submittal.
The application fee which you paid covers staff review of the initial submittal and one
resubmittal. Each subsequent resubmittal requires an additional fee. (See attached Fee
Schedule.)
(2) Deferral requested
To request deferral, you must submit a request in writing to defer action by the Planning
Commission and Board of Supervisors. The request may be made by email. You may request a
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deferral for up to 36 months from the date your application was accepted for review, which is
October 30, 2021. (This is based on the Board of Supervisors' September 5, 2018 action.)
However, all outstanding information necessary for PC action must be submitted no later than
June 30, 2021, according to the published schedule. (See Section 18-33.52 of the Albemarle
County Code.) Note:Deferral for ZMA-2018-00014 pursuant to Section 33.52 was received
12/21/2018, with BOS action requested no later than 9/1/2019.
(3) Proceed to Planning Commission Public Hearing on June 4, 2019
At this time, you may request that your application proceed to public hearing with the Planning
Commission tentatively scheduled on June 4, 2019. With this option, staff will take your project
to the PC as resubmitted on April 1, 2019, but without a recommendation of approval.
(4) Withdraw Your Application
If at any time you wish to withdraw your application, please provide your request in writing.
Resubmittals
As stated above, a deferral does not preclude you from resubmitting the application to address
changes based upon the comments. If you would like to resubmit after you defer, you may do so
following the resubmittal schedule. Be sure to include the resubmittal form on the last page of
your comment letter with your submittal.
The application fee which you paid covers staff review of the initial submittal and one
resubmittal. Each subsequent resubmittal requires an additional fee. (See attached Fee
Schedule.)
Failure to Respond
An application shall be deemed to be voluntarily withdrawn if the applicant requests deferral
pursuant to subsection 33.52(A) and fails to provide within 90 days before the end of the deferral
period all of the information required to allow the Board to act on the application, or fails to
request a deferral as provided in subsection 33.52(B) or (C).
Fee Payment
Fees paid in cash or by check must be paid at the Community Development Intake
Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the
Review Coordinator. Fees may also be paid by credit card using the secure online payment
system, accessed at
http://www.albemarle.org/department.asp?department=cdd&relpage=21685.
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