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HomeMy WebLinkAboutLZC201800040 Approval - County 2018-11-20IRG1- COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 November 20, 2018 American Zoning Services Attn: Rhonda Cain 3900 Beachcomber Drive Yukon, OK 73099 RE: LZC2018-00040 - Parcel ID 07600-00-00-055DO (2.16 acres), Address — 435 & 450 Afton Pond Court Charlottesville VA 22902, Owner — 5TH STREET APARTMENTS LLC, 411 Afton Pond Court Charlottesville VA 22902 (the "Property") Project Name — 51" Street Place Apartments Ms. Cain: In response to your request for a Letter of Zoning Compliance for the above referenced Property, please be advised of the following: • The Property is zoned R-10, Residential District under the laws or ordinances of the County of Albemarle and is subject to those restrictions generally applicable to those classifications. Zoning Ordinance and Map linked below. • The adjacent properties; North and East is Interstate 64, West is zoned R-10, and South is State Route 631, 5t" Street. • The permitted uses of the Property are provided in Section 17 of Chapter 18 of the Albemarle County Code ("Zoning Ordinance"). The Property is located in the Entrance Corridor Overlay District (EC) and Airport Impact Area (AIA), and the Steep Slopes Overlay Districts as described in Section 30 of the Zoning Ordinance. Multi -family dwellings are a permitted by -right use on the Property. • The Property is subject to SDP2015-00043, 5th Street Place, approved March 29, 2016 ("Site Plan"). The Site Plan was approved for a 200-unit apartment community using a density bonus provision, and includes various improvements for parking, recreation, and stormwater management. The Site Plan shows multiple properties being a part of the development. The Property appears to have been developed per the Site Plan. • Certain properties that were proposed for development with the Site Plan would have been required to be combined so that any new buildings that were proposed would not be built across the property lines. These buildings, 425, 440, and 450 Afton Pond Ct, appear to either be too close to a property line or have a property line crossing the buildings. This can be seen on the linked Zoning Map. This situation does not comply with the Zoning setbacks and the building may not have been constructed to allow for a property line to cross through it. November 20, 2018 LZC2018-00040 Page 2 • A Boundary Line Adjustment plat ("BLA") should be applied for to included Parcels 54A2, 55B and 55D. The approval and recordation of the BLA would correct the issue of the buildings identified in the previous bullet. • In the event of casualty, in whole or in part, any building located on the Property may be rebuilt per the approved Site Plan and once a BLA has been approved and recorded. • This office has no record of an open violation for the Property. That said, the building identified as 450 Afton Pond Ct is considered to not comply with the side property line setback for the R-10 Zoning District and the possibility exists that the Certificate of Occupancy for this building may be revoked, by the building official, if the situation is not corrected with a recorded BLA. • Any change of use which require site or building modification or additions are required to comply with the applicable zoning, subdivision, building and water protection laws in the future. • Copies of any applicable records may be obtained via the noted links or from this office with a request through the department's Records Manager, Paul Bjornsen, at PboornsenCa0lbernarle.org once they have been approved or issued. Please contact me if you have questions or require additional information. Sincerely, ��`-i� 6 Francis H. MacCall Principal Planner Designee to the Zoning Administrator Attachments: Links shown can be copied and pasted into web browser Zoning Map — http://gisweb.albemarle.org/Map/Viewer.aspx?state=393562901081 SDP2015-00043 — http://www.albemarle.org/weblink/search.aspx?dbid=3&searchcommand=%7b%SbCDD- Planning%5d:%5bApplicationNumber%5d=%22SDP201500043%22%7d County Code website: http://www.albemarle.org/countVcode