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HomeMy WebLinkAboutLOD201800006 Letter of Determination 2018-09-26COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 19, 2018 Valerie W. Long Attorney at Law Williams Mullen 321 East Main Street Suite 400 Charlottesville, VA 22902 Re: Revised Zoning Use Determination — Morven Farm (LOD 2018-006 on TM 91, Parcels 21 and 21A) Dear Ms. Long, This determination revises that which was dated August 13th. This determination is rendered in response to your letter of determination application with letter dated February 91h and the additional memo from Fred Missel and Elise Cruz to Amelia McCulley, dated June 14, 2018. The subject property, tax map 91 parcels 21 and 21A, is owned by the University of Virginia Foundation. You have asked that we find that the uses outlined are permitted as a public use per the Albemarle County Zoning Ordinance. This determination amends and supersedes the prior determination (LOD 2012-07) rendered by letter from me to Peter J. Caramanis dated August 23, 2012. The prior determination covers property now known as parcel 21 after parcel 21 B was combined with parcel 21. The current determination adds parcel 21A to this zoning public use determination. This zoning determination is based on the description of proposed uses within your February 9th letter, information shared with us in the April 3rd meeting at Morven, and the uses described in your memo dated June 14th. It is my determination that the existing and proposed uses described below constitute a public use in the Albemarle County Zoning Ordinance. In providing this determination, I will utilize the framework from the August 231d 2012 letter with new information inserted as relevant. Residential use (stays of 30 or more days) within legal dwelling units may continue. Those existing dwellings may be renovated, including the addition of bedrooms, subject to typical building permit requirements. These requirements include approval from the Health Department for adding bedrooms. To be consistent with the Rural Areas character, we recommend that you limit occupancy of residential units to no more than six (6) unrelated persons consistent with the requirement for residences within the Rural Areas zoning district. Residential use will not be addressed in this determination as a proposed new use. LOD 2018-006 Morven Determination September 19, 2018 These new uses will occur within existing buildings on the property, as well as within additions to, or replacement of, existing buildings, as shown on the "Morven Future Land Use Plan." Replacement of existing buildings shall occur in substantial accord with the scale and location as depicted on the "Morven Future Land Use Plan." Any expansion of public use, including by replacement buildings with gross square footage larger than the current building, shall be reviewed in terms of compliance with the comprehensive plan as to the general location or approximate location, character, and extent of the public use. Future uses shown in a dashed yellow line will be addressed as a later phase and are not approved by this determination. Specifically, the proposed new uses (depicted on the Morven Future Land Use Plan) are as follows: Barn 1, Dairy Barn and Maintenance Barn: o Change from current uses primarily including support/administrative to meeting/dining o Potential expansion of/addition to/replacement of the maintenance barn Clarification of Provision for Overnight Stays: This determination clarifies the allowance for the provision of overnight stays as described in the letter of determination dated August 23rd 2012. Overnight stays are understood to provide for an immersive experience for those who are attending UVA programs and courses. Overnight stays are permitted as accessory to the primary public uses listed in the proceeding. Overnight stays related to the accessory uses such as non-public, non-profit and/or business use must be a facet of that accessory use. Individual rental of rooms for lodging unrelated to the primary or accessory uses is prohibited. When provided, overnight stays must be included as part of the overall accessory use of events space rental. o Overnight stays may occur in several buildings, including the Morven Residence (Main House) and other existing structures on the property. 1. Zoning Determination as to Use: This request specifies four (4) categories of use that are be covered by this determination: 1) uses directly involving the University which are academic in nature as well as those which are for other than academic purposes; 2) uses involving other public / governmental entities; 3) uses involving non-public, non-profit or educational entities, and 4) uses involving non-public, business entities. You have stated further that some of these uses involve the payment of a fee for the use of the facilities. This determination does not include or permit private events other than those allowed in association with categories #1 through 4. This is the revision from the prior August 13th determination. By your description and by the calendar of events you provided to us, the uses directly involving the University which are academic in nature as well as those which are for other than academic purposes (in category #1 shown in bold) currently do and shall continue to constitute the majority of use on the property as measured in frequency and intensity of use. As a state institution devoted to public education, this use by the University of Virginia is a public Page 12 LOD 2018-006 Morven Determination September 19, 2018 use. Use of the property by public and/or governmental entities also constitutes public use. For the use determination, I referred to this language in the Zoning Ordinance: • The use category for public uses allowed in every zoning district by -right, states in part: "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..." The definition as found within Section 3.0 for Accessory Use, Building or Structure: 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; provided that a subordinate use, building or structure customarily incidental to a primary farm use, building or structure need not be located upon the same lot occupied by the primary farm use, building, or structure. (Amended 10-9-02, 5-5-10) While the terms "public use" and "primary use" are not defined in the Zoning Ordinance, the other defined terms, use categories and discussions are instructive in rendering a determination regarding a primary public use. The remaining two categories, 3) uses involving non-public, non-profit or educational entities, and 4) uses involving non-public, business entities, can be considered accessory use of the property. To qualify as an accessory use, the use must be customarily incidental and subordinate. In general, a use that is customarily incidental to the primary use implies that the use flows from, naturally derives or follows as a logical consequence of, or is a normal and expected offshoot from the primary use. To consider customary incidental uses of public facilities, I reviewed the information you'provided about UVA's Alumni Hall, John Paul Jones Arena, Colonnade Club and Chapel as well as Ash Lawn -Highland and PVCC's V. Earl Dickinson Building. In addition, I researched facility rental policies for James Madison University, Virginia Tech and William and Mary as well as those for the County of Albemarle's facilities. While activities by the primary public entity are given priority, in each case facilities are also available for use by private entities and individuals. Based on this assessment, I find that the proposed uses (categories 3 and 4) are customarily incidental to the primary uses. A landowner claiming that a use is accessory must first demonstrate that the use is subordinate to an identified primary use. The term subordinate is defined by Webster's Dictionary to mean "placed in or occupying a lower class or rank: inferior." A subordinate use incorporates the requirement that the accessory use be minor in relation to the permitted primary use. The use cannot be simply a different, alternative or additional use. As currently described, the category #3 and #4 uses consist of four percent of total uses, and will remain at similar levels. This use is less frequent and less intensive than use by UVA and other public entities. Therefore, I find that the proposed uses (categories 3 and 4) are subordinate to the primary use. This determination is based on this assertion in your letter and could change if the activities depart significantly from this. Page 13 LOD 2018-006 Morven Determination September 19, 2018 Because I find that the category 3 and 4 uses are both customarily incidental to the primary use, and also subordinate to the primary use, they are accessory uses to the primary use, and thus permitted by right on the property subject to the terms and conditions of this letter. If new improvements are proposed other than as shown on the Morven Future Land Use Plan, and/or future events change or depart significantly in character, intensity or frequency from that which you described, please consult us for further consideration on both issues. 2. Compliance with the Comprehensive Plan: Per § 15.2-2232 of the Code of Virginia, the comprehensive plan "shall control the general or approximate location, character and extent of each feature shown on the plan." This governs the requirement of review of proposed and existing uses for compliance with the comprehensive plan. New uses may not commence prior to review for compliance with the comprehensive plan, and new or converted structures may not be issued building permits until the review has been satisfied. This zoning determination does not supersede findings of compliance with the comprehensive plan, and findings of compliance must be satisfied prior to commencing a new use. Additionally, any change in land use, including removal and replacement of buildings with larger or different uses, requires review for compliance with the comprehensive plan. Renovation of the Morven residence (main house) consistent with the 2012 determination is permitted without a review of compliance with the comprehensive plan. If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $240 plus the actual cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.org/cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at www.albemarle.org/countycodebza. (Please note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available at the bottom of www.albemarle.org/cdapps.) Sincerely, A G r Amelia G. McCulley, A.I.C.P. Zoning Administrator Page 14