HomeMy WebLinkAboutLOD201900009 Letter of Determination 2019-04-05�'jRGII3tP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
April 5, 2019
Steve Melton
Fontaine Land Trust
195 Riverbend Drive
Charlottesville, VA 22911
RE: LOD201900009 — The Keys Academy — Determination of Special Use Permit
(SP199600012), Condition #2 located
Tax Map Parcel 07600-00-00-012EO
Dear Mr. Melton:
This letter is in response to the request by The Keys Academy and Fontaine Land Trust
for an official determination of the effect of LOMR-F from FEMA (Case# 18-03-2098A)
on Condition #2 of SP199600012.
The following facts are relevant in making this determination:
1. The Property is currently zoned as Highway Commercial HC (Chapter 18,
Sections 26 and 27 of Albemarle County's Zoning Ordinance).
2. The Property, at this time, is subject to conditions from an approved special use
permit (SP199600012).
The intent of Condition #2 is to limit the occupancy of the structure in
areas that are located at or below the 100 year FEMA flood elevation.
3. There are no known violations, exceptions, variances or nonconforming uses on
the Property at this time.
4. The location of the 100 year FEMA flood elevation has been identified at 435.6
feet (per LOMA Case #18-03-2098A)
LOMA Case #18-03-2098A identifies that the 100 year FEMA floodplain
elevation does not encroach upon the basement area (elevation of 436.34
feet), of the existing structure.
April 5, 2019
LOD201900009
Page 2
It has been determined based on the information provided for LOMA Case #18-03-
2098A that the 100 year FEMA floodplain elevation does not encroach upon the
basement area of the existing structure and that Condition #2 of the special use
permit (SP199600012) no longer applies. Therefore, the basement can be
considered habitable space in accordance with all applicable Federal, State, and
Local regulations.
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 un-appealable.
An appeal may be taken only by filing an appeal application with the Zoning
Administrator and the Board of Zoning Appeals, in accordance with Chapter 18, Section
34.3 of the Albemarle County Code, along with a fee of $258. Additionally, a separate
fee is required for the cost of providing notice and advertising of the appeal for a 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 Albemarle County Code. They may be
reviewed online at www.albemarle.org/countycodebza.
(Please note that 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.orq/cdapps.)
If I can be of further assistance, please let me know.
Sincerely,
Bart J. Svoboda
Chief of Zoning/Deputy Zoning Administrator
County of Albemarle, Virginia
Cc: Andy Herrick, Deputy Assistant County Attorney
Amelia McCulley, Director of Zoning/Zoning Administrator
OF ALBEMARLE
& Community Development
McIntire Road
e, Virginia 22902-4596
A) 296-5823
Virginia Land Trust & Malcolm Woodard
c/o Katurah Roell
Charlottesville,
SP-96-12 Virginia Land Trust & Malcolm
Tax Map 76, Parcels 12B, 12C and 12E
The Albemarle County Board of Supervisors, at its meeting on May 15, 1996, approved the
above -noted request to permit fill activity in floodplain on 1.2 acres zoned Highway
Commercial. Please note that this approval is subject to the following conditions:
Department of Engineering approval of grading and drainage plans and calculations:
2. The basement shall be used only for storage and mechanical equipment space. The
basement is not considered habitable and there shall be no employee work space or area
open to the public in the basement; and
Compliance with all local, state and federal permit requirements pertaining to fill activity
within the flood plain.
In the event that the use, structure or activity for which this special use permit is issued shall not
be commenced within eighteen (18) months after the issuance of such permit, the same shall be
deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes
of this section, the term "commenced" shall be construed to include the commencement of
construction of any structure necessary to the use of such permit within two (2) years from the
date of the issuance thereof which is thereafter completed within one (1) year.
0 . 0
Page 2
May 20, 1996
Before beginning this use, you must obtain a zoning clearance from the Zoning Department.
Before the Zoning Department will issue a clearance, you must comply with the conditions in
this letter. For further information, please call Jan Sprinkle at 296-5875.
If you should have any questions or comments regarding the above -noted action, please do not
hesitate to contact me.
Sincerely,
e �
r
V. Wayne Crmberg
Director of Planning & Cornbni t velopment
V WC/jcf
cc: Amelia McCulley
Jo Higgins
BRIDGE OVER �7F`
- - —.... MOREY-CREEK
FF
FONTAINE AVENUE EXTENDED
EXISTING ENTRANCE
1 PA KIN SAC
EXISTING ASPHALT PARKING LOT
TM 76-12E LL II�
A=1.21 AC. I I I I 1� P+KIIjG SpACItS I I I I
----------- 7 b V A
EX. CONC. WALK
#3020
EX. SCHOOL BUILDING eau ry
ONE-STORY K/BASEMENT "� \
---- (t4,000-SF FOOTPRINT),
100-YEAR FLOODPLAIN EL=435.3
N *PER APPROVED LOMA
---o_ - ).
CASE#18-03-2098A)
NOTE
EXISTING TOPOGRAPHICAL INFORMATION IS
TAKEN FROM FIELD SURVEY PREPARED BY
COMMONWEALTH LAND SURVEYING, LLC DATED
JULY 23, 2018. THE SURVEY WAS PREPARED
ON STATE PLANE COORDINATES (NAD83) AND
NAVD88 VERTICAL DATUM.
0 40 80 120
SCALE: 1 "= 40'
PROJECT NARRATIVE
THE KEYS ACADEMY CURRENTLY OPERATES A SCHOOL OUT OF THE EXISTING
BUILDING AT #3020 FONTAINE AVENUE EXTENDED (TM 76-12E). THEY ARE
PROPOSING TO OCCUPY A PORTION OF THE BASEMENT LEVEL WITH ADDITIONAL
CLASSROOM SPACE SINCE THE BUILDING WAS RECENTLY REMOVED FROM THE
SPECIAL FLOOD HAZARD AREA VIA THE APPROVAL OF A LOMA-F (CASE NO.
18-03-209BA APPROVED BY FEMA ON DECEMBER 13, 2018).
THIS PLAN INDICATES THE APPROXIMATE LOCATION OF THE 100-YEAR FLOOD
LINE BASED ON AN ELEVATION OF 435.3 BASED ON THE APPROVED LOMA-F
AND A FIELD SURVEY BY COMMONWEALTH LAND SURVEYING, LLC DATED JULY
23, 2018.
THE EXISTING 28 PARKING SPACES ARE ADEQUATE FOR THE PROPOSED
INCREASE IN ENROLLMENT FROM 24 TO 32 STUDENTS.
NO LAND DISTURBANCE IS PROPOSED FOR THE EXPANSION IN USE.
2018 - 30 SCALE, LLC
engineer.
30 SCALE, LLC
871 JUSTIN DRIVE
PALMYRA, VA 22963
p:434.242.2866
e: mike@30scale.com
web www.30scale.com
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date: 1/30/2019