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Home My WebLink AboutCPA201800006 Correspondence 2023-01-24WILLIAMS MULLEN MEMORANDUM TO: Amelia McCulley, Zoning Administrator FROM: Williams Mullen DATE: April 4, 2018 RE: Birdwood Mansion and Cottages — Special Events The purpose of this memo is to discuss the use of the historic Birdwood Mansion, located on property containing 544 acres, more or less, designated on County tax maps as parcel 07500- 00-00-06300 (the "Property") and owned by the University of Virginia Foundation (the "Foundation"). The Property is zoned Residential R-1 and is located within the development area of the County's Comprehensive Plan. The Foundation desires to renovate the Birdwood Mansion and upon the completion of such renovation, host weddings or other special events within the Birdwood Mansion and adjacent structures. We believe such use is allowed by -right and does not require any additional special use permit amendments. Swim, golf, tennis, or similar athletic facilities is allowed on the Property by special use permit, pursuant to Section 13.2.2(4), SP-1996-00053 and SP-2015-00019. The use of the Birdwood Mansion and adjacent structures for special events is an accessory use of the Property's current allowable use of swim, golf, tennis, or similar athletic facilities. Section 13.2.1(3) of the County Zoning Code defines an accessory use as follows: "A subordinate use, building or structure customarily incidental to and located upon the same lot occupied by the primary use, building, or structure, and located upon land zoned to allow the primary use, building or structure..." The Birdwood Golf Course, Boar's Head Sports Club and Boar's Head Resort are all located at least partially, if not completely, on the Property. In addition, special events are a use customarily incidental to swim, golf, tennis or similar athletic facilities. In order to determine such custom, the next page describes examples of similar special event venues that are located in the County and are incidental to "swim, golf, tennis, or similar athletic facilities" or private clubs. Private clubs are defined by the County code as "any nonprofit organization organized and operated to provide facilities for dining, golf, tennis, swimming and/or other similar activities to its private self-perpetuating membership:' Because private clubs and "swim, golf, tennis or similar athletic facilities' are so similarly defined according to the County's code, such uses are likely to have very similar incidental uses as well. Specific examples of swim, golf, tennis or similar athletic facilities or private clubs that host special events as an incidental use and are located within the County include Farmington Country Club, Keswick Hall, Old Trail, Greencroft Club and Glenmore Country Club. None of these five venues obtained a special use permit or amended a special use permit solely for the allowance of special events. Instead, special events were allowed as part of or incidental to the allowed uses of "swim, golf, tennis, or similar athletic facilities" or private clubs. WILLIAMS MULLEN In fact, the Golf Club at Old Trail submitted a special use permit amendment request (SP-2007- 00006) that, according to the legal advertisement, proposed to "amend the existing special use permit ...to permit the rental of the clubhouse for meetings, weddings receptions, and similar activities." However, this special use permit amendment request was withdrawn because, according to staff comments noted on County View, "Staff determined that the amendment was not necessary for the proposed use." A screenshot of the County View website related to SP- 2007-00006 is enclosed with this memo (Exhibit A). In addition, it is important to note that only one of the five examples listed below are located in the development area. Yet, by contrast, the Birdwood Mansion is located in the development area. Special events that occur in the rural areas are typically more heavily regulated, as evidenced by the recent zoning text amendments related to farm wineries and breweries. Examples of Similar Special Event Venues in Charlottesville: 1) Farmington Country Club • TMPs 060E2-00-00-00100, etc. • Zoning: Rural Area (RA) • Comprehensive Plan: Not in the Development Area • Zoning Status: o SP1998-00005 (regarding indoor tennis facility) o SP1997-00028 (regarding additions to existing club facility and three additional buildings, excludes golf course), o SP1992-00007 (regarding construction of sports club, storage facility). • Details regarding Hosting of Special Events: c Must be a member or sponsored by a member o Up to 500 guests c 40 rooms for overnight stays 2) Keswick Hall • TMPs 08000-00-00-008Z0, etc. • Zoning: Rural Area (RA) • Comprehensive Plan: Not in the Development Area • Zoning Status: o SP1985-00054 (could not find on County View) o SP1992-00059 (could not find on County View) c SP1994-00007 (regarding expansion of club facilities to add swimming pool, tennis courts and clubhouse) o SP1994-00040 (regarding modification of club facilities and one additional parcel) c SP2008-00042 (regarding moving of 5 guest rooms, expansion of spa, addition of two tennis courts) • Details regarding Hosting of Special Events: o Must be a member or sponsored by a member o Up to 300 guests (after renovations) c 80 rooms for overnight stays (after renovations) 3) Old Trail • TMPs 05500-00-00-103F0, etc. • Zoning: Rural Area (RA) WILLIAMS MULLEN Comprehensive Plan: Not in the Development Area Zoning Status: o SP200700006 (regarding golf club to permit rental of clubhouse for meetings, wedding receptions and similar activities; WITHDRAWN, staff comments: "staff determined that amendment was not necessary for the proposed use.") Details regarding Hosting of Special Events: o Do not have to be a member to hold an event (public) o No overnight rooms available on premises o Up to 200 guests, if book over rooms as well, can be up to 300 4) Greencroft Club • TMP 05800-00-00-091A0 • Zoning: Rural Area (RA) • Comprehensive Plan: Not in the Development Area • Zoning Status: o SP-197200184 (regarding approval of "swim and tennis club" as the original "Boar's Head Inn") o Details regarding Hosting of Special Events: o Do not have to be a member to hold an event (public) o No overnight rooms available on premises o Up to 225 guests, if outside over 300 5) Glenmore Country Club • TMP 093A2-00-00-001A0, etc. • Zoning: Planned Residential Development (PRD) • Comprehensive Plan: In the Development Area • Zoning Status: o ZMA-2006-00016, proffer #1, "The development of the Property shall be limited to those uses allowed by right under Section 19.3.1 (1), (5), (6), (7), (8), (9), (10), and (11) and those uses allowed by special use permit under Section 19.3.2(2), (4), (8), (9), (10), and (11) of the Zoning Ordinance..." o Section 19.3.2(8) allows "swim, golf, tennis or similar athletic facilities." • Details regarding Hosting of Special Events o Do not have to be a member to hold an event (public) o No overnight rooms available on premises o Up to 250 guests In sum, due to the customarily incidental use of special events at "swim, golf, tennis or similar athletic facilities" or private clubs, evidenced by the five examples listed above, we believe the use of the Birdwood Mansion for special events is allowed by -right and does not require an additional special use permit amendment. In addition, use of the cottages adjacent to the Birdwood Mansion for overnight stays should be considered an amenity offered as part of any special event hosted on the Property, as is the case at Keswick Hall and Farmington Country Club. Enclosed: Exhibit A — Screenshot of Country View website related to SP-2007-00006 3 I 3/28/2018 Permit Page 1 ALBEMARLE County Nome COUNTY I VIRGINIA Search & Navigation $4P!4.1 BY_ j'{geb Pjaming.APP.NdslbnN..!±mPa[ �.i Criteria ELApplicartion ApplloatlonNumber Starts with: \aY RResulls Planning Application Information YAW92ti2n I would like to view: Application * SP200700006 " Page 2 Application Type Spedsl use PermitT II Reviews] L� Reviews 1 Project Name Old Troll Community Center--- Received Date DI/23/2007 Total Fees 4110.00 Current Status Related Documents Submittal Date 02/26/2007 Total Paid $110.00 Withdrawn Proffers? Comments! Alm Includes TMP SSE-1-A1 AILS OK / SM 1 would Ilke to go to; �pilDalim Home i Lapel Ad: P0.01ECr: SP2007D0006 Old Trail Community Center PROPOSED: Amend special use permit for golf club to permit rental of clubhouse for meetings, wedding receptions, end similar actNldes. D.S unitlaem); NFIO Neighbomood Model District . n.,ad tint t3 - 39 mas!ocre7 mixed wim command", 3erulce II you have Questions and Industrial uses; R-1 Residential (I Unit/acre); R-2 Residential (2 unils/ecle)EC Entrance Candor-Overay to regarding County View please prmect properties or historic, architectural or rURYmt significance from visual impacts or developt alone m4tas of tourist access; FH Flood Halard - Overlay W provide safety and pmtetui n from flooding end an e-mail to: County. View FAQ SECTION: Swim, golf, tennis or similar athletic facilities (reference 5.1.16) SUN-nNNLSCPT[UN 3HfOnMA1 rON STATUS TRACKING Type Sub ADD Date Status Status Date Amend Existing Special Use Permit 011231=7 Withdrawn - _ 05/16/2007 � Under Review 03/30/2007 Cummanls Comments Staff determined that amendment was not necessary for the proposed use. APPLICATION CONTACT INFORMATION Contact Type; Name: Address City / State Zip Code Owner/Applicant MARCH MOUNTAIN PROPFRTIES UC aa) FASr3EFFERSON SIREET LHARLI—O BVILLV .22902 Primary Contact rate Caramanis PO Box 1565 Charlottesville, VA 22902000D Applicant aelghl3 Development Corp 8 00 East Jefferson Street Charlonesyllle, VA 22902DDOO Residents I Business I Visitors I I Want To...? 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