HomeMy WebLinkAboutSP201700032 Review Comments Special Use Permit 2018-02-02COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
February 2, 2018
Nat Perkins
PO Box 400218
Charlottesville, VA 22904
nperkins e,uvafoundation.com / (434)-982-5304
Valerie Wagner Long
321 East Main St. Suite 400
Charlottesville, VA 22902
vlonggwilliamsmullen.com / (434)-951-5709
RE: First Review Comment Letter for SP-2017-00032 (UVA Tennis — Amendment) and
ZMA-2017-00010 (Boar's Head Permanent Connector Road)
Dear Mr. Perkins and Mrs. Long:
Your requests for Special Use Permit SP-2017-00032 (for the proposed UVA Tennis Facility,
Short Course addition to Birdwood Golf Course, and permanent, unrestricted use of the connector
road on the Birdwood property) and for Zoning Map Amendment ZMA-2017-00010 (for the
proposed permanent, unrestricted use of the connector road on the Boar's Head Sports Club
property) have been reviewed by members of Albemarle County staff and our partner agencies.
Review comments are provided below, organized by Department, Division, or agency.
Community Development Department (CDD) staff believe the various review comments should
be addressed through a resubmittal of application materials, prior to scheduling a public hearing
with the Planning Commission. However, you have the right to request a public hearing, or to
otherwise determine your course of action (please see the attached "Action After Receipt of
Comment Letter" document for detailed information).
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.
Page 1 of 16
Planning
There are several outstanding issues that you should be aware of, we remain available to assist
you in addressing and resolving these issues, which include the following:
• Application for ZMA-2017-00010:
o Please provide updated proffers in connection with this ZMA request.
■ Explanation: The subject property (TMP #59132-01-15) is currently subject to
proffers established through Board of Supervisors (BOS) approval of ZMA-
2004-00015. The application for this current ZMA request must include
updated proffers, as some of the existing proffers are no longer applicable (i.e.
Proffer #3 and associated language/information), and as other existing proffers
need to be replaced with updated information (i.e. Proffer #1 and associated
"Exhibit B").
o Please provide / clearly identify one graphic exhibit to be used as the official
"application plan" for ZMA-2017-00010.
■ Explanation: The submittal materials include multiple plans and exhibits, as
described on page 5 of your project narrative. It is not clear what document is
the official "application plan" for ZMA-2017-00010.
■ You may also provide additional supplemental exhibits for general reference,
provided that they are not discrepant with or contradictory to the official ZMA
application plan.
• Application for SP-2017-00032:
o Because this request is an amendment to an approved Special Use Permit (SP-2017-
00023) which has numerous conditions of approval, CDD staff are working to assess the
potential appropriateness and/or necessity of any additional, new (recommended)
conditions of approval. CDD staff are also working to potentially identify any
(recommended) modifications to the existing conditions of approval which may be
appropriate and/or necessary.
■ Explanation: The subject property (TMP #75-63) is currently subject to
conditions of approval established through BOS approval of SP-1996-00053,
SP-2015-00019, SP-2017-00009, and SP-2017-00023. As has been discussed
and explored with previous SP applications for the Birdwood property, there
may be opportunities to recommend updates to some of the existing conditions
of approval in ways that are appropriate and mutually agreeable to applicants
and staff, for review and consideration by the Planning Commission (PC) and
the BOS.
■ CDD staff are supportive of the opportunity to engage with the applicants in a
collaborative effort to evaluate the numerous SP conditions of approval, and to
identify potential (recommended) modifications to those conditions of
approval, as may be appropriate.
■ Staff acknowledge the applicants' request/proposal on page 5 of your project
narrative for an additional new condition of approval — "that the Special Use
Permit be valid for a period of at least five years."
o Please provide / clearly identify one graphic exhibit to be used as the official "concept
plan" for SP-2017-00032.
■ Explanation: The submittal materials include multiple plans and exhibits, as
described on page 5 of your project narrative. It is not clear what document is
the official "concept plan" for SP-2017-00032.
Page 2 of 16
■ You may also provide additional supplemental exhibits for general reference,
provided that they are not discrepant with or contradictory to the official SP
concept plan.
• Applications for SP-2017-00032 and ZMA-2017-00010:
o Please revise and resubmit the concept plan, application plan, and/or other graphic
exhibits which are consistent with one another and which do not contain discrepant
information.
■ Explanation: The submittal materials include multiple conceptual plans and
exhibits, with some of the important details being different or discrepant across
those different materials. Two examples of such inconsistencies include:
- Proposed new "Tennis Parking" is shown on Exhibit 1 ("Birdwood Golf
Course and Boar's Head Sports Club") and in Exhibit 2 ("Conceptual
Architectural Renderings"), but is not shown on Exhibit 4 ("Connector Road
Exhibit from SP 2017-23").
- Exhibit 1 ("Birdwood Golf Course and Boar's Head Sports Club") shows three
additional tennis courts to the north of the proposed "Tennis Stadium," but
these courts are not shown on Exhibit 2 ("Conceptual Architectural
Renderings") or Exhibit 4 ("Connector Road Exhibit from SP 2017-23").
• Please be advised that construction and grading activity for the proposed connector road on the
Boar's Head Sports Club property appears to involve grading within twenty (20) feet of the
adjoining Residential district. Per Zoning Ordinance Section 21.7(c) ("Buffer zone adjacent to
residential and rural areas districts"), grading within twenty feet of the adjoining R2
Residential district (Ednam Village) or the adjoining R1 Residential District (Birdwood)
requires Board of Supervisors approval of a special exception to waive the buffer zone
requirements.
As such, Planning Division staff recommend preparing and submitting such a special exception
request, along with pertinent grading plans and associated site plans or road plans, as quickly as
possible so that we can evaluate the request, make a recommendation, and get the request placed
on an upcoming BOS meeting agenda as soon as possible.
Note: Similarly, please draw your attention to the information from Zoning (below, pages 6-7)
regarding the preparation and submission of additional information, including requests for a
special exception and a shared parking study.
• Please note that all applications for special use permits or zoning map amendments require the
applicant to conduct a Community Meeting. Staff acknowledge that the required Community
Meeting has been scheduled for Monday, February 12t' beginning at 5:30pm. Please be advised
that the Community Meeting should be conducted before the Planning Commission (PC) public
hearing date is finalized.
We recommend that all issues, questions, and comments be resolved through a resubmittal of each
application before requesting a public hearing with the PC. If you do choose to resubmit, it may be
helpful to conduct the required community meeting first, as that optional approach would enable you
to incorporate any revised and/or new materials that you might wish to include with your resubmittal
after holding the meeting.
Page 3 of 16
Comprehensive Plan
Initial comments on how your proposal generally relates to the Albemarle County Comprehensive
Plan (Comp Plan) are provided below; additionally, comments regarding conformity with the
Comp Plan will be provided to the PC and BOS as part of the staff report.
The Comp Plan designates the subject property for "Institutional" land use(s) in the Future Land
Use Plan for the Southern and Western Urban Neighborhoods Master Plan. Institutional uses
include ancillary facilities such as sports facilities for the University. With regards to this
Institutional designation, the proposals to expand the existing golf course used by the University of
Virginia's varsity golf programs and to construct a new facility for the University of Virginia's
varsity tennis programs are generally consistent with the Future Land Use Plan.
The proposed connector road would accomplish the County's vision for a new vehicular
interconnection to be established between the Boar's Head property and the Birdwood property, as
specified in the Comp Plan. The inclusion of pedestrian connections (through new sidewalks and
additional golf cart paths accessible to pedestrians) would further achieve the stated vision in the
Comp Plan.
The Birdwood property is also within an area identified as "Area B" which is an area for
cooperative planning with the County of Albemarle, the University of Virginia, and the City of
Charlottesville. This three -party planning agreement takes place through the Planning &
Coordination Council (PACC). Development in these areas continues to be guided by the current
City and County Comprehensive Plans and the current University of Virginia Plan. The applicants
have recently initiated a study of the Birdwood section of Area B; this joint planning effort is
happening concurrently with, and separate from, these applications. The Area B Study / Birdwood
Master Plan will eventually be presented to PACC-Tech, PACC, and County officials.
Neighborhood Model
Projects located within the Development Areas are typically reviewed for consistency with each
of the Neighborhood Model Principles found in the Comprehensive Plan. Comments are provided
below on relevant aspects of the Neighborhood Model.
Pedestrian
Pedestrian infrastructure (including sidewalks, crosswalks, and outdoor lighting) is shown on the
Orientation
application materials, which would provide new pedestrian connections between various locations and
destinations on the two subject properties, and which would provide improved, safer conditions for some
existing connections. Some concerns exist with regards to ensuring that pedestrian infrastructure can be
provided in ways that are universally accessible, specifically as it relates to proposed pedestrian access
between the two subject properties, and (more particularly) as it relates to pedestrian access from
proposed new parking at the Boar's Head property over, up, and into the proposed UVA Tennis facility.
Principle is partially met.
Mixture of
The proposal(s) are supportive of mixed -use principles; the existing and proposed Institutional uses on
Uses
Birdwood would be supportive of, and symbiotic with, the existing and proposed uses and improvements
associated with the Boar's Head Inn and Boar's Head Sports Club.
Principle is met, to the extent that these subjectproperties are only partially appropriate for a mixture of
uses (Birdwood is zoned RI Residential and is designated for Institutional uses, whereas Boar's Head is
zoned HC Highway Commercial and is designated as a Center of neighborhood scale mixed use).
Neighborhood
The Master Plan designates Boar's Head as an existing Center of neighborhood scale mixed use, with
Centers
residential, office, commercial, and recreational uses which serve the neighborhood. The Master Plan
also recommends a Neighborhood Mixed Use Center for Boar's Head. The proposals provide for a
Page 4 of 16
concentration of recreational and institutional improvements, activities, and uses on a portion of the
Birdwood property that is adjacent to the existing Boar's Head Sports Club. This improves walkability
and pedestrian accessibility, and contributes to that location's identity as a prominent destination in the
Western Urban Neighborhood.
Principle is met.
Relegated
The proposals for these previously -developed parcels include new parking spaces on the Boar's Head
Parking
property (through the conversion of existing tennis courts), and new parking spaces on the Birdwood
property (through the expansion of an existing parking lot at the Clubhouse). Neither parking area would
be located in an area that would be prominently visible from the US 250/Ivy Road Entrance Corridor
(EC), or in visible locations between the EC and existing primary structures. The large existing
structures, and the natural landscape, would remain the primary features.
Principle is met, to the extent that it is applicable to these proposals on these properties.
Interconnected
The proposals involve the establishment of a new vehicular connection between the two adjoining subject
Streets and
properties. This interconnection would greatly improve the current situation, in which all vehicle trips
Transportation
between the two subject properties must exit and travel along US 250 / Ivy Road; such vehicle trips
Networks
would be able to occur internally (without use of public roads) and would reduce vehicle miles travelled.
The proposed interconnection would also satisfy an explicit County goal for the Birdwood property, as
contained in the Southern and Western Urban Neighborhoods Master Plan (S+W. 45).
Principle is met.
Multimodal
The proposals include sidewalk infrastructure with the proposed new road, as well as golf cart paths that
Transportation
would be accessible to pedestrians. It is unclear how public transit (CAT and/or UTS) might be
Opportunities
incorporated into the use of existing and proposed University athletic facilities, either on a regular basis
or in support of events transportations planning. The proposals do not include any information about a
possible shared -use path along or near Ivy Road / U.S. 250, which would support multi -modal goals
contained in the Comp Plan (such as Transportation Objectives 3, 4, and 6). Specifically, this type of path
would be a significant implementation of the proposed Three Notch'd Trail, which has become a project
of interest for the three members of the Planning and Coordination Council (PACC).
Principle is partially met, to the extent that it is applicable to these proposals on these properties.
Multimodal opportunities such as the proposed Three Notch'd Trail should be incorporated into the
recently -initiated Area B Study /Birdwood Master Plan process.
Parks,
The proposals include improved and expanded pedestrian infrastructure, which would be accessible to
Recreational
guests as well as to neighboring residents. The proposals would not alter any of the forested foothills or
Amenities, and
other undeveloped areas that are designated as "Parks and Green Systems" on the Future Land Use Plan.
Open Space
As noted above, the proposals do not include information about the proposed Three Notch'd Trail, which
would be an exceptional amenity for recreation (as well as alternative transportation).
Principle is generally met. The opportunity for the subject properties to support shared -use paths, such
as the proposed Three Notch'd Trail should be incorporated into the recently -initiated Area B Study /
Birdwood Master Plan process.
Buildings and
The proposals include existing and proposed structures which are designed and used for specific,
Spaces of
specialized (athletic) use. The UVA Tennis facility appears to be well situated within the rolling terrain
Human Scale
of Birdwood, and to utilize the existing topography in an advantageous way. Additionally, per ZMA-
2004-00015, the existing Sports Club structure was designed to have a segmented massing and a terraced
roofline, in order to better integrate with the existing landscape and to avoid a monumental structure that
is out of scale with the surrounding structures and dwelling units.
Principle appears to be met.
The proposals represent a relatively well -contained or concentrated intensification of uses that is
Redevelopment
somewhat akin to infill development (new athletic facilities on or adjacent to an existing Sports Club and
existing Golf Course). Some concerns exist with regards to potential impacts from outdoor athletic
Page 5 of 16
lighting on nearby residential properties. Opportunities exist to mitigate perceived potential impacts by
making context -sensitive specifications for light poles, outdoor light fixtures/luminaries, and other site
planning and design details.
Principle is partially met.
Respecting
Based on conceptual renderings and plans provided with the applications, it appears that the proposed
Terrain and
new athletic facilities and related improvements have been thoughtfully sited into the existing rolling
Careful
terrain. However, it is anticipated that the proposed improvements would require extensive site works.
Grading and
Without conceptual grading plans, it is somewhat unclear if the proposed improvements would embody
Re -grading of
context -sensitive design and planning principles, or not.
Terrain
Principle is potentially met; more information would be required in order to provide further
commentary.
Clear
Both subject properties are located within the Development Areas, and the proposals do not include any
Boundaries
improvements or changes in use near any boundaries with the Rural Area.
Between the
Development
Principle is not applicable to these proposals on these properties.
Areas and the
Rural Area
Zoning
The following comments related to zoning matters have been provided by Senior Planner Leah
Brumfield:
Tennis facility
1. Please provide further information and address impacts from lighting the facility and
connector road as well as compliance with the ACZO lighting regulations. Because this is
one of the primary impacts of this use, staff recommends that a photometric plan be
completed to address spillover onto adjoining properties and roadways.
a. Additional Information Relatingto o Proposed Lighting
i. Will lighting be utilized during nighttime practice and daily operations, or
will lighting be limited to televised matches?
ii. What is the proposed lighting pole height for the tennis facility?
M. What is the proposed lighting plan for the connector road?
iv. The illumination of the clay courts is of particular interest, as clay courts
generally reflect light more intensely than standard courts. The illumination
visible to the neighborhoods southwest of the tennis courts will also be of
interest, as they will be at a lower elevation than the court complex. Will
lighting of the tennis facility be limited to the nighttime televised matches
as mentioned in the narrative? If so, this will be considered for a condition
of approval.
b. Compliance with Albemarle County Zoning Ordinance
i. Under Section 4.17.4(a), all outdoor lighting must be full cutoff. It is not
typical for athletic lighting to provide full cutoff Please address this
ordinance provision or submit a special exception for a waiver of
regulation per §4.17.5. Please be informed that without submittal of
further information, showing that lighting will comply or addressing the
criteria for a waiver, staff cannot find that lighting impacts are addressed.
Page 6 of 16
ii. Under Section 4.17.4 (b) (1), spillover shall not exceed %2 foot candle.
Please address this ordinance provision or submit a special exception for a
waiver of regulation per §4.17.5. Please be informed that without
submittal of further information, showing that lighting will comply or
addressing the criteria for a waiver, staff cannot find that lighting impacts
are addressed.
iii. Under Section 13.3, the R-1, Residential maximum structure height limits
the light poles to a maximum height of 35 feet. Please address this
ordinance provision or submit a special exception for a waiver of
regulation per §4.17.5.
2. Sound is another impact to be addressed. It will be impractical to regulate noise from
crowd cheering and the like. The amplified sound from commentators and referees on the
proposed tennis courts, particularly during televised matches, must meet the noise
ordinance as described in Section 4.18. It would be helpful to provide information about
expected maximum sound levels at the property line.
3. Current plans show a steep grade between the Boar's Head Sports Club parking facilities
and the proposed UVA Tennis Complex, and no safe crossings between the two.
a. Additional Information Relatingtposed Parking
b. Compliance with Albemarle Comp . Zoning Ordinance
i. The Boar's Head Sports Club parking is located on a separate parcel from
the proposed tennis complex, requiring compliance with §4.12.8. The
proposed shared parking arrangement between the squash complex and the
tennis complex is allowable as shared parking. Please provide a parking
study in accordance to §4.12.10, demonstrating the viability of shared
parking.
ii. The steep grade between the parking and tennis areas greatly reduces
accessibility for elderly or handicapped patrons. As currently shown on the
concept plans, access seems limited by multiple staircases. Per §4.12.8 (c),
please describe the plans for safe movement of pedestrians between the
parking area and the tennis complex.
Short Course
1. Please address the provision of parking, as the short course is some distance from the
current golf course parking. While the general use of the area will not change from golf
course use, the short course format encourages faster play, and patrons of the short course
would likely prefer to park closer to the start of the course. This is particularly true if short
course players are less likely to rent a golf cart. Please include in the application intended
parking spots and intended mode of travel to the course for short course players.
2. Partial pedestrian access from the Boar's Head Sports Club to the short course is outlined
on plans for the connector road. Please address full pedestrian access, as the Boar's Head
Sports Club is currently the closest parking to the proposed short course. Are golf cart
paths intended to serve as pedestrian access?
Parking
1. Parking concept plan shows a highlighted area of proposed parking, but depicts currently
existing spaces. How will the spaces be arranged to fit an additional 62 cars?
Page 7 of 16
Proposed Conditions (SPs)
1. Lighting will be consistent with the maximum height and specifications to be determined.
If full cut-off lights are available, per the applicant's additional information provided, they
will be required.
2. Pedestrian system shall be in general accord with the plan and major elements.
Engineering
The following comments related to engineering have been provided by County Engineer Frank
Pohl, PE, CFM on 1/24/2018:
[ SP-2017-32 ] :
• VSMP permitting is required since area of land disturbance appears to exceed 10,000 sf.
Phasing is allowed but the area of land disturbance will be considered on a cumulative basis.
SWM agreements, easements, deeds and bonding will be required for proposed facilities and
prior to commencing land disturbance. ESC bonding will also be required prior to commencing
land disturbance. [WPO-Chapter 17].
• Disturbance to managed slopes shall be completed in accordance with County design standards
[18-30.7.5].
• Refer to the Design Standards Manual for access road design guidance (e.g. access road shall
have a minimum width of 20-ft and maximum slope of 10%). Please show existing road meets
or state that improvements will be completed to meet these standards [Design Standards
Manual, Private Street Standards, pg 19].
[ ZMA-2017-10 ]:
• No objection with the condition that the proposed and existing access road shall meet County
design guidance (e.g. access road shall have a minimum width of 20-ft and maximum slope of
10%). Please show existing road meets or state that improvements will be completed to meet
these standards [Design Standards Manual, Private Street Standards, pg 19].
• VSMP permitting is required if area of land disturbance exceeds 10,000 sf. Phasing is allowed
but the area of land disturbance will be considered on a cumulative basis. SWM agreements,
easements, deeds and bonding will be required for proposed facilities and prior to commencing
land disturbance. ESC bonding will also be required prior to commencing land disturbance.
[WPO-Chapter 17].
Transportation — VDOT & Community Development
To date, no comments pertaining to transportation have been received from VDOT —
Charlottesville Residency. All comments and questions from VDOT be promptly forwarded upon
receipt.
Additionally, Principal Planner Kevin McDermott has stated that he has no objection with the
proposals, but has provided the following recommendations for consideration that should be
addressed during the site plan stage, including the following:
• Restriping of 250 at the Golf Course Dr/Coleridge intersection to define the left turn lanes,
instead of the continuous left turns left that currently exist (if VDOT concurs).
• Set a trigger or timeline to reevaluate operations at the two intersections to make sure they are
operating as expected and see if warrants are/are not met. If there is any change required have
evaluate alternative controls at the intersections.
Page 8 of 16
• Ensure that the recommendations from the STARS study can be accommodated at the
intersections and, if necessary, dedicate future right of way.
• Suggestions on improvements to the internal pedestrian connections should be better defined.
Planning — ARB & Entrance Corridor
The following comments related to the US 250 / Ivy Road Entrance Corridor have been provided
by Principal Planner Margaret Maliszewski:
[ SP-2017-32 ] :
1. It is anticipated that the primary impact of this proposed development on the Entrance Corridor
will be the court lighting. A Musco brand full -cutoff LED system is illustrated in the
applicant's submittal, but the proposal states that the Musco brand won't necessarily be used.
Since the Musco fixture confirms that a full cutoff sports light is now available, it is
recommended that use of a full cutoff fixture be made a condition of approval.
2. Additional information would be helpful to more fully understand the impacts of the proposal:
a. The intensity of the illumination of the proposed lighting at ground level;
b. Relative elevations of existing and proposed features (ffe of existing and proposed
tennis courts; ffe and maximum building height of tennis pavilion; height of
elevated terraces, bridges, seating; light fixture heights); and
c. Opportunities for landscaping to buffer impacts of lighting on the surroundings.
[ ZMA-2017-10 ]:
• (see above — same comments as for SP-2017-00032)
Albemarle Countv Service Authoritv (ACSA)
The following comments related to ACSA have been provided by Richard Nelson on 1/15/2018:
[ SP-2017-32 ] :
• No Objection — recommend approval. Proposal does not require RWSA capacity certification
[ ZMA-2017-10 ]:
• No Objection — recommend approval. Proposal does not require RWSA capacity certification
Rivanna Water and Sewer Authority (RWSA)
To date, no comments pertaining to utilities for these proposed projects have been received from
RWSA. All comments and questions from RWSA will be promptly forwarded upon receipt (as
may be applicable).
Albemarle Fire -Rescue
The following comments related to Fire -Rescue have been provided by Assistant Fire Marshall
Shawn Maddox on 1/14/2018:
[ SP-2017-32 ] :
• No comments / no objection.
[ ZMA-2017-10 ]:
• No comments / no objection.
Page 9 of 16
Action after Receipt of Comments
After you have read this letter, please take one of the actions identified on "Action After Receipt
of Comment Letter," which is attached.
Resubmittal
If you choose to resubmit, please use the attached form. There is no fee for the first resubmittal.
The resubmittal date schedule is provided for your convenience.
Notification and Advertisement Fees
Prior to scheduling public hearings with the Planning Commission, payment of the following fees
is necessary (note — SP fees and ZMA fees are identified separately):
[SP-2017-00032]:
$357.00 = Cost for newspaper advertisement for Planning Commission public hearing
$215.00 = Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per
owner after 50 adjoining owners)
5572.00 = Total amount due prior to Planning Commission public hearing for SP
Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the
Board hearing is needed, as follows:
5357.00 = Additional amount due prior to Board of Supervisors public hearing for SP
5929.00 = Total amount for all notifications for SP Fees may be paid in advance. Payment for
both the PC and BOS 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.
[ZMA-2017-00010] :
$287.00 = Cost for newspaper advertisement for Planning Commission public hearing
$215.00 = Cost for notification of adjoining owners (minimum $200 + actual postage/$1 per
owner after 50 adjoining owners)
5502.00 = Total amount due prior to Planning Commission public hearing for ZMA
Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the
Board hearing is needed, as follows:
5287.00 = Additional amount due prior to Board of Supervisors public hearing for ZMA
5789.00 = Total amount for all notifications for ZMA Fees may be paid in advance. Payment for
both the PC and BOSpublic 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 with any questions and/or requests for assistance you may have. I can be
reached at tpadalinogalbemarle.org or 434-296-5832, ext. 3088.
Page 10 of 16
Sincerely,
I
Tim Padalino, AICP
Senior Planner
Planning Division
enc: Action After Receipt of Comment Letter
Resubmittal Form
Resubmittal Schedule
Proffers: ZNIA-2004-00015
Conditions of Approval: SP-2017-00023
Page 11 of 16
DEPARTMENT OF COMMUNITY DEVELOPMENT
ACTION AFTER RECEIPT OF COMMENT LETTER
Within 30 days of the date of this letter, please do one of the following:
(1) Resubmit in response to review comments
(2) Request indefinite deferral
(3) Request that your Planning Commission public hearing date be set
(4) Withdraw your application
(1) Resubmittal in Response to Review Comments
If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a
resubmittal date as published in the project review schedule. The full resubmittal schedule may
be found at www.albemarle.org in the "forms" section at the Community Development page.
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) Request Indefinite Deferral
If you plan to resubmit after 30 days from the date of the comment letter, you need to request
an indefinite deferral. Please provide a written request and state your justification for
requesting the deferral. (Indefinite deferral means that you intend to resubmit/request a public
hearing be set with the Planning Commission after the 30 day period.)
(3) Request Planning Commission Public Hearing Date be Set
At this time, you may schedule a public hearing with the Planning Commission. However, we do
not advise that you go directly to public hearing if staff has identified issues in need of resolution
that can be addressed with a resubmittal.
After outstanding issues have been resolved and/or when you are ready to request a public
hearing, staff will set your public hearing date for the Planning Commission in accordance with
the Planning Commission's published schedule and as mutually agreed by you and the County.
The staff report and recommendation will be based on the latest information provided by you
Page 12 of 16
with your initial submittal or resubmittal. Please remember that all resubmittals must be made
on or before a resubmittal date.
By no later than twenty-one (21) days before the Planning Commission's public hearing, a
newspaper advertisement fee and an adjoining owner notification fee must be paid. (See
attached Fee Schedule) Your comment letter will contain the actual fees you need to pay.
Payment for an additional newspaper advertisement is also required twenty-two (22) days prior
to the Board of Supervisors public hearing. These dates are provided on the attached Legal Ad
Payments for Public Hearings form.
Please be advised that, once a public hearing has been advertised, only one deferral prior to the
Planning Commission's public hearing will be allowed during the life of the application. The only
exception to this rule will be extraordinary circumstances, such as a major change in the project
proposal by the applicant or more issues identified by staff that have not previously been
brought to the applicant's attention. As always, an applicant may request deferral at the
Planning Commission meeting.
(4) Withdraw Your Application
If at any time you wish to withdraw your application, please provide your request in writing.
Failure to Respond
If we have not received a response from you within 30 days, we will contact you again. At that
time, you will be given 10 days to do one of the following: a) request withdrawal of your
application, b) request deferral of your application to a specific Planning Commission date as
mutually agreed to with staff, or c) request indefinite deferral and state your justification for
requesting the deferral. If none of these choices is made within 10 days, staff will schedule your
application for a public hearing based on the information provided with your original submittal
or the latest submittal staff received on a resubmittal date.
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.
Page 13 of 16
FOR OFFICE USE ONLY SP # or ZMA #
Fee Amount $ Date Paid By who? Receipt # Ck# By:
Resubmittal of information for Special Use Permit or it
Zoning Map Amendment
PROJECT NUMBER: S? •2011 ' 001J2- PROJECT NAME: _VVA 'fF,rtt uS
❑ Resubmittal Fee is Required ❑ Per Request )� Resubmittal Fee is Not Required
Community Development Project Coordinator Name of Applicant ' Phone Number
2 a 2019
Signature / Date
Signature
FEES
Date
Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,075
First resubmission
FREE
❑ Each additional resubmission
Resubmittal fees for original Special Use Permit fee of $2,150
❑ First resubmission
FREE
❑ Each additional resubmission
$1,075
Resubmittal fees for original Zoning Map Amendment fee of $2,688
❑ First resubmission
FREE
❑ Each additional resubmission
$1,344
Resubmittal fees for original Zoning Map Amendment fee of $3,763
❑ First resubmission
FREE
❑ Each additional resubmission
$1,881
❑ Deferral of scheduled public hearing at applicant's request — Add'I notice fees will be required
$194
To be paid after staff review for public notice:
Most applications for Special Use Permits and Zoning Map Amendment require at least one public hearing by the Planning Commission
and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing
a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice
are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be
provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body.
MAKE CHECKS TO COUNTY OF ALBEMARLEIPAYMENT AT COMMUNITY DEVELOPMENT COUNTER
Preparing and mailing or delivering up to fifty (50) notices
$215 + actual cost of first-class postage
D Preparing and mailing or delivering each notice after fifty (50)
$1.00 for each additional notice + actualcost of first-class postage
Legal advertisement (published twice in the newspaper for each public hearing)
Actual cost
(minimum of $280 for total of 4publications)
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax:
(434)972-4126
124%17 Page 1 of
Page 14 of 16
FOR OFFICE USE ONLY SP # or ZMA #
Fee Amount S Date Paid By who? Receipt # Ck# By:
Resubmittal of information for Special Use Permit or f"�
Zoning Map Amendment V\Pr
PROJECT NUMBER: 2MA• 2411. 00010 PROJECT NAME: %Jf3 hK2 GIJ tayAP
❑ Resubmittal Fee is Required ❑ Per Request X Resubmittal Fee is Not Required
TM %hi go Vtctwf, L*yo (A;4 � 15 (• S'10q
Community Development Project Coordinator Name of Applicant Phone Number
2 l�
Signature Date
Signature
FEES
Date
Resubmittal fees for Special Use Permit -- original Special Use Permit fee of $1,075
❑ First resubmission
FREE
❑ Each additional resubmission
$538'
Resubmittal fees for original Special Use Permit fee of $2,150
❑ First resubmission
FREE
❑ Each additional resubmission
$1,075
Resubmittal fees for original Zoning Map Amendment fee of $2,688
First resubmission
FREE
❑ Each additional resubmission
$1,344
Resubmittal fees for original Zoning Map Amendment fee of $3,763
❑ First resubmission
FREE
❑ Each additional resubmission
$1,881
❑ Deferral of scheduled public hearing at applicant's request — Add'I notice fees will be required
$194
To be paid after staff review for public notice:
Most applications for Special Use Permits and Zoning Map Amendment require at least one public hearing by the Planning Commission
and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing
a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees for public notice
are required before a Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be
provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body.
MAKE CHECKS TO COUNTY OF ALBEMARLE/PAYMENT AT COMMUNITY DEVELOPMENT COUNTER
Preparing and mailing or delivering up to fifty (50) notices
$215 + actual cost of first-class postage
y Preparing and mailing or delivering each notice after fifty (50)
$1.00 for each additional notice + actual
cost of first-class postage
y Legal advertisement (published twice in the newspaper for each public hearing)
Actual cost(minimum of $280 for total of 4publications)
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
1 /24A 7 Page 1 of
Page 15 of 16
Albemarle County, Virginia
2018 Submittal and Review Schedule
Special Use Permits and Zoning Map Amendments
Resubmittal
Schedule
Resubmittal Dates
Comments to applicant
for decision on whether to
proceed to Public Hearing
Payment Due for Public
Hearing Legal Ad
Planning Commission Public
Hearing Date*
No sooner than
Monday
Wednesday
Friday
Tuesday
Dec 18 2017
Jan 17
Jan 26
Feb 20
Wednesday, Jan 3
Jan 31
Feb 9
Mar 6
Tuesday, Jan 16
Feb 14
Feb 23
Mar 20
Jan 29
Feb 28
Mar 16
Apr 10
Feb 05
Mar 7
Mar 16
Apr 10
Tuesday Feb 20
Mar 21
Mar 30
Apr 24
Mar 5
Apr 4
Apr 6
May 1
Mar 19
Apr 18
Apr 27
May 22
Apr 2
May 2
May 18
Jun 12
Apr 16
May 16
Jun 1
Jun 26
Apr 30
May 30
Jun 1
Jun 26
May 7
Jun 6
Jun 15
Jul 10
May 21
Jun 20
Jun 29
Jul 24
Jun 4
Ju15
Jul 13
Aug 7
Jun 18
Jul 18
Jul 27
Aug 21
Jul 2
Aug 1
Aug 10
Sep 4
Jul 16
Aug 15
Aug 31
Sep 25
Jul 30
Aug 29
Aug 31
Sep 25
Aug 6
Sep 5
Sep 14
Oct 9
Aug 20
Sep 19
Sep 28
Oct 23
Tuesday Sep 4
Oct 3
Oct 5
Oct 30
Sep 17
Oct 17
Oct 19
Nov13
Oct 1
Oct 31
Nov 9
Dec 4
Oct 15
Nov 14
Nov 20**
Dec 18
Oct 29
Nov 28
Dec 21
Jan 15 2019
Nov 5
Dec S
Dec 21
Jan 15 2019
Nov 19
Dec 19
Dec 21
Jan 15 2019
Dec 3
Jan 2 2019
Jan 4 2019
Jan 29 2019
Dec 17
Jan 16 2019
Jan 25 2019
Feb 19 2019
Jan 7 2019
Feb 6 2019
Feb 8 2019
Mar 5 2019
2019 Dates are tentative; shading indicates a different year
*Public hearing dates have been set by the Planning Commission; however, if due to unforeseen circumstances the
Planning Commission is unable to meet on this date, your project will be moved to the closest available agenda
date.
**Off -date to accommodate holidays.
Dates in bold italics fall on a Tuesday due to a holiday.
Page 16 of 16
rC
��IRGII�IP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5823 Fax (434) 972-4126
January 6, 2005
Ms. Valerie Long
McGuire Woods
PO Box 1288
Charlottesville, VA 22902-1288
RE: ZMA-2004-15 Boars Head Inn and Sports Club (Signs #70, 71 & 72) - Tax Map 059D2,
Section 1, Parcel 15 and Tax Map 75, Parcel 63 (part of)
Dear Ms. Long:
The Board of Supervisors approved your rezoning application on December 8, 2004. Your rezoning from
R-1, Residential to HC, Highway Commercial was approved in accordance with the attached proffers
dated December 6, 2004. An application plan/plan of development dated November 22, 2004 was
approved as part of the rezoning. Please refer to these documents for any future applications and
• requests on this property.
Please be advised that although the Albemarle County Board of Supervisors took action on the
project noted above, no uses on the property as approved above may lawfully begin until all
applicable approvals have been received and conditions have been met. This includes
compliance with:
• compliance with applicable PROFFERS;
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above -noted action, please do not hesitate to contact
Keith Lancaster at 296-5832.
Sincerely,
0.
V. Wayne Ci imberg
Director of Planning
Planning Division
Cc: University of Virginia Host Properties
Amelia McCulley
Bill Fritz Steve Allshouse
Tex Weaver Keith Lancaster
Chuck Proctor File
2
r t. JA-,'f F,4 2 cc
BOAR'S HEAD SPORTS CLUB
ZMA 2004-0015
PROFFER STATEMENT
The following parcels are subject to rezoning application ZMA 2004-0015 and
thus to this proffer statement: tax map parcel 059D2-01-00-01500 and the portion of tax
map parcel 07500700-00-06300 shown as Parcel "X" containing 1.774 acres, on a
proposed subdivision plat prepared by Thomas B. Lincoln Land Surveyor, Inc. entitled
"Subdivision Plat Showing Parcel "X" - - Being a Portion of Tax Map 75 Parcel 63
Hereby Added to and Becoming a Portion of Tax Map 591)(2) Parcel 1-15, Samuel
Miller District, Albemarle County, Virginia," which subdivision plat is dated November
16, 2004, and is attached hereto as Exhibit A (collectively, the "Property"). The
Applicant is University of Virginia Host Properties, Inc. The owner of tax map parcel
059D2-01-00-01500 is University of Virginia Host Properties, Inc. The owner of tax
map parcel 07500-00-00-06300 is the University of Virginia Foundation. For purposes
of this proffer statement, University of Virginia Host Properties, Inc., and the University
of Virginia Foundation are herein collectively referred to as the "Owner."
The Owner hereby voluntarily proffers that if the Albemarle County Board of
Supervisors acts to rezone the portion of tax map parcel 059132-01-00-01500 that is
• zoned R-1 Residential to Highway Commercial, and the portion of tax map parcel
07500-00-00-06300 shown as Parcel "X" containing 1.774 acres on Exhibit A from R-1
Residential to Highway Commercial as requested, the Owner and its successors and
assigns shall develop the Property in accord with the following proffers pursuant to
Section 15.2-2298 of the Code of Virginia, 1950, as amended, and pursuant to Section
33.3 of the Albemarle County Zoning Ordinance. These conditions are voluntarily
proffered as part of the requested rezoning, 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 request is denied the proffers shall immediately be null and void
and of no further force or effect. If the zoning is granted, these proffers and conditions
will supersede all proffers now existing on the Property.
1. Development of the Property shall be in general accord with the plan entitled
"Boar's Head Sports Club Conceptual Plan" prepared by the University of Virginia
Foundation, dated November 22, 2004, containing two (2) pages, and attached hereto as
Exhibit B (the "Development Plan"). The Development Plan shall not be construed to
prohibit the realignment of the 14 existing outdoor tennis courts, subject to existing
provisions of the Albemarle County zoning ordinance, provided that the courts remain in
the area marked "14 Existing Outdoor Courts" shown on the Development Plan. The
Owner will break up the massing of the proposed improvements by dividing them into
0
•
multiple segments and/or structures (or creating the appearance of multiple segments
and/or structures with a terraced roof line) and then locating the different segments and/or
structures at various final elevation levels, all as reasonably possible given the
Property's site constraints and applicable regulations and ordinances. Unless specifically
referenced on the Development Plan, or otherwise referenced in this proffer statement, ail
other plans and illustrations submitted as part of the Owner's rezoning materials shall be
deemed illustrative only, and such plans and illustrations shall not be deemed proffers.
The Owner reserves the right to develop the Property in phases, as shown on the
Development PIan.
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
December 8, 2004, as set forth below: Section 24.2.1 numbers 6, 20, 35, 36, 37,
41, 42, 44, and 45.
b) Pursuant to subsection 22.2.1 of Section 22, C-1 Commercial zoning district, of
the Albemarle County Zoning Ordinance, as those regulations exist on December
8, 2004, as set forth below: Section 22.2.1 numbers b.4, b.8, b.17, b.18, b.19,
b.24, b.26, and b.27.
The by -right uses of the Property that are permitted pursuant to sections 24.2.1 and
22.2.1 and pursuant to this Proffer Statement are shown below without strikethrough.
Uses which will not be permitted on the Property (subject always to the express terms of
this proffer statement) have been indicated by strikethrough. Any use classifications
added to sections 24.2.1 and 22.2.1 after December 8, 2004 shall be uses which shall not
be permitted on the Property.
24.2.1 BY RIGHT
The following uses shall be permitted in any H-C district subject to the
requirements and limitations of these regulations. The zoning administrator, after
consultation with the director of planning and other appropriate officials, may
permit as a use by right, a use not specifically permitted; provided that such use
shall be similar to uses permitted by right in general character and more
specifically, similar in terms of locational requirements, operational
characteristics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section 34.0.
2
0
6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
7. E9nee^�cc styes
10. Feed and seedres-(fe€ererree
17 Fire extinguisher-d r .1 , 1
1� ,
14. P44R ,.1 h
59 P
,
b ,
=8 Mar- 1<
19. (Repealed 6 3 81*
20. Hotels, motels and inns.
21. Imig hr warvivasif a
2 T (., 1, a
' = TairaT9�rP�crirrsaics-oar v xc�tc�
��'Modular- i. ld i
�Y{C}C2�GTT'RI-7�,� CC1-rQ17T�S
�5. Meter- vehiete sales, 'I efyie Q}-
1113ICtp e,
nrl business
., es ffiaehine
sales ,1 se
30 Rnr:«b establishment; fast food t
31. - Retailse,-ies and ' -
b1u.ZcilpcsAe7-
35. Electric, gas, oil and communication facilities excluding tower structures
and including poles, lines, transformers, pipes, meters and related facilities
for distribution of local service and owned and operated by a public utility.
Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies
and central sewerage systems in conformance with Chapter 16 of the Code
of Albemarle and all other applicable law. (Amended 5-12-93).
36. Public uses and buildings including temporary or mobile facilities such as
schools, offices, parks, playgrounds and roads funded, owned or operated
by local, state or federal agencies (reference 31.2.5); public water and
sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89).
37. Temporary construction uses (reference 5.1.18).
3
n
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1,
commercial, C-1. (Added 6-19-91; Amended 9-9-92)
42. Indoor athletic facilities. (Added 9-15-93)
44. Stormwater management facilities shown on an approved final site plan or
subdivision plat. (Added 10-9-02)
45. Tier I and Tier II personal wireless services facilities (reference 5.1.40).
(Added 10-13-04)
22.2.1 BY RIGHT
The following uses shall be permitted in any C-1 district, subject to the
requirements and limitations of these regulations. The zoning administrator, after
consultation with the director of planning and other appropriate officials, may
permit as a use by right, a use not specifically permitted; provided that such use
shall be similar to uses permitted by right in general character and more
specifically, similar in terms of locational requirements, operational
characteristics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section 34.0.
a. The following retail sales and service establishments:
1. Antique, gift,
jewelry, notion and er-aft sheps,
2. b,
4. b
5. P st.
6. Feed a ,
Gandy, milk dispensaFy and wiae and eheese
.
7 F1t1mitur- and hafne appliances ( 1 d serv)
D. LT.,«.7war-„ Store.
9. MUSiC�} itflt-5-
vand tebacce sheps..
12 Uh tE)gF ]Y hiC- g 1
L:r-�rvTv�raP•nrc �vvQ.r,
13 -- -visual and -a" anees.
14. Spof4ing goods.
15. Retail HUrSeries and greenhouses.
b. The following services and public establishments:
.
Bar-ber-, beauty
2. .
3. Gkunhes,et
4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
11
8. Health spas.
M.
Laundr-Offiat (provided that an a4efidafit shall be on daty at all
12.
houfs b
Gibr-a ies,,-"m'uicums.
13.
14.
15.
Nurseries, da), a re ee ter- (referenee S. 1 06)
Eating, establishments.
Taile~r,seamstr-esr,>:
46
17.
Autemebile sefyieerstaliens {re€erenee
Electric, gas, oil and communication facilities excluding tower
structures and including poles, lines, transformers, pipes, meters
and related facilities for distribution of local service and owned
and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and
operated by the Albemarle County Service Authority. (Amended
5-2-93).
18.
Public uses and buildings including temporary or mobile facilities
such as schools, offices, parks, playgrounds and roads funded,
owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines,
treatment facilities, pumping stations and the like, owned and/or
operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-9).
19.
2n.
anV
21.
.. .
Temporary construction uses (reference 5.1.1).
LY e1ngs (,-efefe e G 1 1
Dw1;. .`.
Medieal venter.
,
23
24.
25
6 3 81 . aman,aed 9 9 92
Te.Y,,,, rar-y nefwesidenkial hemes
mAblle firer r-enE 5.8). `A dde
3-5-86)
Indoor athletic facilities. (added 9-15-95)
�`yafinefs' .,..l et / n 5.1.36).
26.
� v (Added 10 11 95)
Stormwater management facilities shown on an approved final site
plan or subdivision plat. (Added 10-9-02)
27.
Tier I and Tier Il personal wireless service facilities (reference
5.1.40). (Added 10-13-04)
Notwithstanding that the above -referenced uses will not be permitted on the
Property, this proffer statement shall not be interpreted to prohibit uses accessory to a
health spa on the Property, which accessory uses shall expressly include, but not be
limited to the following: indoor tennis courts, outdoor tennis courts, multi -sport courts,
5
0
other recreational or fitness facilities, a restaurant, a snack bar, a "pro shop,"
administrative office space, and a child care facility.
3. Prior to the final approval of SDP 2004-00086, the Owner shall record the
subdivision plat attached hereto as Exhibit A in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia, to combine the portion of tax map parcel 07500-00-00-
06300 shown on Exhibit A as Parcel "X' containing 1.774 acres, with tax map parcel
059132-01-00-01500.
4. Prior to issuance of a certificate of occupancy for the first improvement proposed
by SDP 2004-00086, the Owner shall submit for approval by the Zoning Administrator
an Event Management Plan to provide adequate parking for the public during periodic
public events at the Property, and further designed to avoid or minimize public parking in
adjacent and nearby residential areas during such public events. Such a plan shall include
a commitment by the Owner to provide adequate event parking at the Birdwood Golf
Course parking lot (with access to the Property either by shuttle service or on foot along
the golf course cart paths, at the discretion of the Owner), the large field at the northwest
corner of Ednam Drive and Boar's Head Point, and/or in other parking areas controlled
by the Owner, 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.
This proffer statement may be signed in two or more counterparts, each of which
shall be deemed an original, and which together shall constitute one and the same
instrument,
WITVESS the following signatures:
UNIVEFAITY OF V
PROPE$TIE5, INC.
M.
Robert G. ButAer, Jr., President
UNIVERSITY OF VIRGINIA FOUNDATION
C�— -Ttz:s�—
By: 1
Tim R. Rose, Secretary & Chief Executive
Officer
2
•
COMMONWEALTHINIA
CITY/COUNTY OF e-, to wit:
A
The foregoing instrument was acknowledged before me this - day of December,
2004 by Robert G. Butcher, Jr. as President of University of Virginia Host Properties,
Inc.
My Commission expires:
`\```�p„���u�rurnurnrrrrr" NO Public
` ]S.oMONI�;�O
v Ste'
r-
-4
OF _ : Z
O� G�RGINIP.
G,
• COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF 4/,�C t g4ko wit:
The foregoing instrument was acknowledged before me thisNday of December,
2004 by Tim R. Rose, Secretary and Chief Executive Officer of the University of
Virginia Foundation.
My Commission expires: 0?x0
Notary Public
\\REA\235961.9
7
•
•
Exhibit A
(Subdivision plat of Tom Lincoln Land Surveyor, Inc. dated November 16, 2004
showing Parcel "X" containing 1.774 acres, a portion of tax map parcel 75-63 to be
added to and combined with tax map parcel 59D(2)-1-15
will be attached to the final signed proffers)
•
11REAU35961.9
•
Exhibit B
(Development Plan will be attached to the final signed proffers)
P
l�l A z o
--5 G z rn
sus` ,tiQ U N dd07„ 0 O
y�60 �� O J� O ai
f - Gd 0 00
W
O I� N N Q'+ N O
CD
U �b W
LL D 0 J iv "lr 0 0 v� z Ln
z cn ¢ I M N X Q cn � r- ^ �-+ o
2 ' N U' H — a0 A O)
¢F-}-¢ I i Q ¢U Z OO `z rn
�z�F=-� / N J UZ > O Q cm 2 r�-� a 0
LL,
Z 0 = / W cr U) Lu U ~ cn M �,� O W 00
a~)- z~ U >w J",� = XQW - O co C') za
w t0
ULLOOcn d n. 0W0mCl)0- z LL1 Z icier Oa'►-4 00
0w z0 > a-'nW a U _ ^ "Q
zWJ� ( ,~ F-ax0�N Q Q rCV)- d �� zUy ¢
wwOwO \ LL oDcr -'0� (Y) w� �"� :� ~: Hw ~ ~
Qz�~o Zcn00=mao °pr,c0 (0 rn J Z. w 00 Et- O
ZZaF-WO \ D=d000 Oar '� W 1- Om � End+
CD x ,�
�Ez�W LL 3 U U) �p �'�iO V W
=QF-�Z W �� z o cr W CC cr OQWati w
Qz- ¢ Q d
WZ¢z~ z0 �Ip< < a 0 O ►�y W
L0zIrcn N >w O LL S42'12'OS"E 'i Q Q ZW� E rAQ 0
ED
ZF-mZF- N0Ir q U ;D N co co
QzQQQ J wa 2 a).F-
~DLLza W ->- a w c N a) 1� X}�
¢0zW ~ cD Z uOC4 N C%j m
JU�O(n �(/Ja lf)N Q JLLJn
�wOC) Q ,nwr�� N a 4 ' WUw2
�MU)WZ a izOmm `� 51*A451'W OQ tl
W�Wl--Q F-�=00 L (n 1411,
Za-0
�00
mQUW al, cv W
OQO�z ZIO v
zcn¢ rn
�_
QW¢WW ��_ rn 3 O
_ O:¢ N O N
J _ _
W~F-F-d 0^ ¢ N U F-
F- F- 0 OZ Q ~ LL �� z > LL z _ U)
¢ ¢ J LU cc
H
LC J C\j P O
1 LL CV � C-) N �,.� P� J
O}zz0W Z O 0 'ITP`N�O� mc09
¢ F- �, O O � �`` ¢oz
ZQ ¢z �" cn¢00-LO0 N � D oIi b0
¢ (3z0 0 �Om -C\j cc 2
O m p�
�OzW5cn-}0 cn }� }T z00=
�comco Q
O¢LL (�CLL</j J F-U) F-> >LLa0000 m
>W QW W F- ¢ zU) zW ep P� Q ~ Zl
WUW~p0wm O Q� Qa } P E�NP� ¢W
Z OOWU meow U0 UD E- CC
0
mO=ir0maz a O (n Z ao
a ¢Oz a WU w
cn LL U
LL -D(n W0-W Z Z �
2t} _} Wz W
� m ¢
F-Q7,
LL zmS W> 0 J m0 O
¢F-w�¢U>F-z> U ¢a ¢to
2 (nJ U>F-LL��D DF-
~mm=w¢�tT(n U LL
LL_WOF-0000�O Ow cr Zz
~T¢F-CCO¢<}w 0 Q00 p 00
W w ¢ CrJ¢ Q LL Fn V U W ��
OF-O�zoviazz wWOWO w
} O(n¢mcc¢ ::) W (rOF-M Z J U.W
m).: JwF- W 0cr LLZwO¢
M>�:'w, `n0°� W�UWW
WO.020¢C70ZwU =WzF -
�
=DZ0ZF-Z¢= (n=Tw�n�
-
(nYU¢WJF-¢ ¢
F- LL LL W
W §OcrOWQ U U
W -Cr} F J J
O 10
Zw¢ 0¢ W W d CL
Nr frO Wa ~ LL ~ }
Z O WWUp](n O W O
O t0 Q N �W0
'- Z O W� (n O
O j r ¢ O 0
Z w LL U co m~ W `n 0 W zQ o z w 0z
Oa�Z wU� w U)w~wXo o ¢ J JLL
=QJQZU� OLU zz LL
} o} p0 00
U) W OQ� w O¢¢0¢3 UQ OQ Z} Ya
a () 0 �> O .-. J Q Z F- LL F- Y¢ U O
I- a Z O (rcnWU)z w w UO Un ¢ �
zcr cr Z JOEEwzY cn¢ ¢¢ ¢ w W
J W< C\l =O cr
wUQOw} u)wU zU W I Cl.
a.m0-W o ¢ �¢WJuj ��`n Mom`) ¢ x w
i J > z�¢F-LL Nw �� W
lO�QO� O O LL-a�¢0 OaW W U C7� z
Z' 1--a IOJW N CC O OZF- 0)0w to U Z= z - z= O
OX QO J ii a OcrLLJU) LLO 00 J J F-
(/i d Za IX a 0< O-jW gam 2>- m LL Ow
>- Cl) m LL (DW} W
JQ}—Q_IQ v�r�aQm F-U)M F-F-(r a LLO wpm a oQ Wio7
�W�m��W� w m >LU w cc02_ 0 M2 } 0} Cr
w� 0� 0
DU WO cD W J W Ei M = W=F- W WF- cr W� LL 1I O ¢ rz LL
�^'X�UX�m Q z Wzz�J~ zQ z> QZ WO I 0 F- ¢Z) WO 1 U
DQQWWQQJ U =O��z0 �>r 3z} Q F-0 =W0 } 0 F-0 =w0 }
U)aTmH(1)Q U) O F- UOLLOF- 0hm 0Oao z UnU F-CON 2 Z W0 F-M 2
0
0
\� e
PARIPq
e /
\ \
o� J
COIIC �j O + �
0it a
Existing Zoning: HC
i� p I�i i iwr uay.c�-v Irk'
' ! Existtri�Zomg:�fd / 0
a`it,•
❑ I� i, �EE��{,�f. Proposed
O /tiP
Approx. location
p / future sandtrap.
\ ?08 Area A -2.0 Ac. / //
Existing Zoning: R-1 {Birdwood GC)
Proposed Zoning: HC /,, j' atiQ
6- Proposed Uses: Building/Grading/Parking/BMP
+� Approx. location \ Indoor Sports Club/Outdoor Tennis tr
50' Stream Buffer C�
a �
'Approx. location
future sad#. QPQ, TRAP
Existing Zoning: R-1 (Birdwood GC) 2 �
�433, / 0
Possible Use: Grading/BMP/Utility Relocation
Work will either be located outside of stream buffer or EX. FAIRWAY
a mitigation plan will be submitted for County approval. TRAP
RAP
TMP 75-63
Existing Zoning• R-1
Water (Quality-. Onsite and offsite B P s need6d
Water Quantity: Modification of oftsite (Birdwoodfi
Course) ponds a ne ded. -
Boar's Head Sports Club
Scale: 1 rr=50r Conceptual Plan
11-22-04
Sheet 1 of 2
Note. Building footprints/parking
layout approximate.
Note: Solid lines indicate t map
parcel lines
University of Virginia Foundation
465 Crestwood Drive
Charlottesville, VA 22903
1
Boar's Head Sports Club
Scale: 1 "=So- Concept Plan
11-22-04
Sheet 2 of 2
University of Virginia Foundation
465 Crestwood Drive
Charlottesville, VA 22903
W.
RESOLUTION TO APPROVE
SP 2017-23 BIRDWOOD — BOAR'S HEAD
TEMPORARY CONNECTOR ROAD — AMENDMENT
WHEREAS, the University of Virginia Foundation filed an application to amend a previously -
approved special use permit (SP 201700009) for Tax Map Parcel 07500-00-00-06300 to construct a
temporary connector road between Golf Course Drive on the Birdwood property and Berwick Road on the
Boar's Head Inn and Sports Club property for temporary use between July 22, 2018 and August 11, 2018,
and the application is identified as Special Use Permit 2017-00023 Birdwood — Boar's Head Temporary
Connector Road — Amendment ("SP 2017-23"); and
WHEREAS, on October 31, 2017, after a duly noticed public hearing, the Albemarle County
Planning Commission recommended approval of SP 2017-23 with conditions; and
WHEREAS, on December 13, 2017, the Albemarle County Board of Supervisors held a duly
noticed public hearing on SP 2017-23.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the staff
report prepared for SP 2017-23 and all of its attachments, the information presented at the public hearing,
and the factors relevant to a special use permit in Albemarle County Code § 18-33.8, the Albemarle County
Board of Supervisors hereby approves SP 2017-23, 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
Ave Nay
Mr. Dill
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Mr. Sheffield
Clerk, Board of County Supervisors
SP-2017-00023 Birdwood — Boar's Head Temporary Connector Road — Amendment Conditions
1. Development of the indoor golf facility shall be in general accord with the plan entitled "Illustrative Site
Plan — Parking Option C" prepared by the University of Virginia Foundation dated August 21, 2017 and
as modified by staff (hereafter "Illustrative Site Plan"), as determined by the Director of Planning and the
Zoning Administrator. To be in general accord, development and use shall reflect the following major
elements as shown on the plan:
a. Building location, orientation, and mass;
b. Parking lot location;
c. Installation of new landscaping for screening purposes;
d. Retention of trees shown for preservation; and
e. Earthen berms adjacent to the new parking lot.
Minor modifications to the plan that do not otherwise conflict with the elements listed above may be
made to ensure compliance with the Zoning Ordinance, as determined by the Zoning Administrator.
2. Design and development of the improvements shown on the Illustrative Site Plan for the indoor golf
facility shall be subject to the following, as determined by the Planning Director or designee:
a. Placement of the parking lot within the "bowl" created by the existing terrain in a way that
minimizes grading of the slope to the north of the new parking lot, which is to be preserved for its
screening effect;
b. Construction of earthen berms adjacent to the parking lot which are compatible with existing
topographic variation and which further reduce the visibility of the parking lot and parked cars from
Golf Course Drive;
c. Approved planting plan and planting schedule which, at minimum, include:
i. New landscaping materials planted in naturalistic or informal arrangements which are consistent
and compatible with the existing landscape in terms of character, density, and species;
ii. A meadow or similar grass landscape along Golf Course Drive; and
iii. The use of native plant materials; and
d. Submittal of a conservation plan prepared by a certified arborist to preserve trees identified for
preservation, including the treatment of all ash trees (species Fraxinus) that are to be preserved for
protection against the emerald ash borer (Agrilus planipennis), to be used in conjunction with the
conservation checklist described in Condition 6. If all reasonable alternatives for preservation have
been explored, and such trees cannot be retained due to the health of the tree as determined by the
certified arborist, removal may occur.
3. Ingress and egress along Birdwood Drive shall be restricted, to the satisfaction of the Zoning
Administrator, to only those residences served by Birdwood Drive and shall not be used as an access to
the indoor golf practice facility.
4. Any new construction at the existing golf course facility and site other than the site improvements shown
on the Illustrative Site Plan referenced in Condition # 1 or on the Concept Plan referenced in Condition
#7 or on the Preliminary Plan for Birdwood Golf Course approved with SP 199600053, except for minor
changes (such as additional practice tees, modifications of greens and other changes that do not require a
site plan), shall require an amended special use permit.
5. The owner shall continue to implement an Integrated Pest Management/Nutrient Management Plan to
reduce adverse water quality impacts.
6. Prior to any land disturbing activity on the indoor golf facility site, the conservation plan and checklist,
the landscape plan, and the grading plan shall be approved by the County Engineer and the Director of
Planning or their designees.
7. In addition to the preceding conditions, the following project -specific conditions apply to all
development, improvements, and uses associated with SP201700023 (`Birdwood — Boar's Head
Temporary Connector Road"):
a. Development shall be in general accord with the plan entitled "Temporary Golf Course Connector
Road — Exhibit A" prepared by Dewberry Engineers, Inc. received September 21, 2017 (hereafter
"Concept Plan"), as determined by the Director of Planning and the Zoning Administrator. To be in
general accord with the Concept Plan, development and use shall reflect the following major
elements as shown on the plan:
i. connector road alignment between Golf Course Drive and Berwick Road;
ii. gate (or similar physical barrier for access management); and
iii. pedestrian infrastructure (including sidewalks, crosswalks, and exterior lights);
b. Access to and use of the connector road is restricted and temporary; the road may only be used by
vehicles between July 22, 2018 and August 11, 2018;
c. The location(s) and material specification(s) for all access management features, including the gate
(or similar physical barrier) and all associated signage (or other informational materials) must be
reviewed and approved by the Albemarle County Department of Fire Rescue Chief or his/her
designee and by the County Engineer or his/her designee; and
d. A Maintenance of Traffic Plan (MOT Plan) must be reviewed and approved by the Area Land Use
Engineer for the Charlottesville Residency of VDOT or his/her designee.