HomeMy WebLinkAboutLOD201900008 Letter of Determination 2007-10-08COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 8, 2007
Charles Wm. Hurt, Jr.
University of Virginia
Space & Real Estate Management
P.O. Box 400884
Charlottesville, VA 22904-4484
Re: Proposed Long Term Acute Care Hospital (LTACH) — zoning determination
(TM 59, Parcel 23131)
Dear Mr. Hurt:
The purpose of this letter is to provide an official zoning determination regarding the
proposed long term acute care hospital (LTACH) on the above -referenced property. As
long as UVA owns or operates the building or use, the use is allowed by -right as a
"public use" under Albemarle County Code § 18-27.2.1(12). Although the University of
Virginia Medical Center is exempt from local zoning regulations under these
circumstances as an agency of the Commonwealth, Paragraph 1 of the Three Party
Agreement entered into by the University, the County and the City provides in this case
for submittal of a site plan.
This determination was made in consultation with the Albemarle County Attorney's
office and was based on information provided by you and others, including the
University of Virginia's General Counsel's Office. This decision is based on the fact that
the LTACH will be owned and operated by the University of Virginia Medical Center. By
letter from R. Edward Howell, CEO with University of Virginia Medical Center dated July
30, 2007, the Virginia Department of Health was informed of this fact and the fact that
HealthSouth will no longer be participating in this project. (Certificate of Public Need,
COPN #04053)
The subject property, TM 59, Parcel 2361, is zoned LI, Light Industry. It is located on
Route 250, an Albemarle County Entrance Corridor. This property falls within Area C
under the Three Party Agreement entered into between the University of Virginia, the
County and the City. Paragraph 1 of the Agreement provides that the University will
"voluntarily comply with the land use plans and regulations (as exemplified by those
listed in Exhibit 1) of either the City or the County regarding the use of real estate held
in Area C on the attached map." Exhibit 1 refers to the County's comprehensive plan,
the zoning ordinance, the subdivision ordinance, and the former erosion and sediment
Proposed Long Term Acute Care Hospital (LTACH) — TM 59, Parcel 23131
October 8, 2007
Page 2
control and stormwater management ordinances that are now consolidated under the
water protection ordinance.
We understand that this property will be leased to the Rector and Visitors of the
University of Virginia (UVA) by the owners, Kirtley Family Holdings LLC until 2047 at
which time the land will be sold to UVA. The UVA General Counsel's Office stated in
an email dated July 27, 2007: UVA "will have complete control over the property during
the term of the lease ... The LTACH will be operated solely by the University."
When you are ready to proceed with discussion about the proposed site plan, I will be
happy to set a pre -application conference with County staff. If you have any questions
in preparation for this discussion or otherwise, please let me know.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30)
days of the date notice of this determination is given, in accordance with Section 15.2-
2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall
be final and unappealable. An appeal shall be taken only by filing with the Zoning
Administrator and the Board of Zoning Appeals a notice of appeal which specifies the
grounds for the appeal. An appeal application must be completed and filed along with
the fee of $120. The date notice of this determination was given is the same as the
date of this letter.
Sincerely,
Amelia G. McCulley, A.I. P.
Zoning Administrator
Cc: Reading File TM 59, Parcel 23131
Greg Kamptner, Deputy County Attorney
Wayne Cilimberg, Director of Planning