HomeMy WebLinkAboutLOD201900014 Letter of Determination 2019-05-10�'IRGINZP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 10, 2019
Valerie W. Long
Williams Mullen
321 East Main Street, Suite 400
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF USE - University of Virginia Research Park — Relocation of
Encompass Health Rehabilitation Hospital (the "Rehabilitation Hospital") I University of
Virginia Research Park at TMPs 03200-00-00-01800, 03200-00-00-018130, 03200-00-00-006RO (the
"Property")
Ms. Long:
In response to your request for confirmation that the proposed UVA Encompass Health Rehabilitation
Hospital will be a by -right use at the Property, I have consulted with the Zoning Administrator and the
County Attorney. It is my official determination that the Encompass Health Rehabilitation Hospital owned
by an entity co -owned by the University of Virginia is a by -right use in Planned Development - Industrial
Park (PD-IP) districts of the County of Albemarle.
Background
Use History
The UVA Encompass Health Rehabilitation Hospital is a rehabilitation hospital owned by UVA
Encompass Health Rehabilitation Hospital, LLC, an entity jointly owned by the University of Virginia and
Encompass Home Health of the Mid -Atlantic, LLC ("Encompass Health"). This hospital is currently
located in the University of Virginia Fontaine Research Park on TMP 07600-00-00-017137, in a Planned
Development - Mixed Commercial (PD-MC) district under ZMA 200700013. It was approved as the UVA
HealthSouth Rehabilitation Hospital under SP200900013 as a Hospital, and later changed its name to
UVA Encompass Health Rehabilitation Hospital.
Public Use
The applicant has asserted that the Rehabilitation Hospital is funded, owned, and operated by an entity
in which the public state entity the University of Virginia owns a fifty percent interest. Additionally, the
applicant has asserted that the medical staff, doctors, nurses, and medical technicians of the
Rehabilitation Hospital are University of Virginia employees.
Albemarle County Code § 18-3.1 defines "public use" as:
Public uses: Public uses, buildings and structures including, but not limited to, schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies and
including temporary or mobile facilities for these purposes; public water and sewer transmission,
main or trunk lines, treatment facilities, pumping stations and similar facilities owned and/or
operated by the Rivanna Water and Sewer Authority (reference 5.1.12).
May 10, 2019 LOD-2019-00014
Page 2 of 2
The University of Virginia is a state agency, which makes its uses, buildings and structures a public use.
As a controlling interest in the Rehabilitation Hospital is owned by the University of Virginia, the
Rehabilitation Hospital is a public use.
Public uses are allowed by -right in Planned Development — Industrial Park districts, per Albemarle
County Code § 18-26.2(a).
Future Use
The UVA Encompass Health Rehabilitation Hospital proposes to relocate from the University of Virginia
Fontaine Research Park to the Property, zoned Planned Development — Industrial Park (PD-IP). The
applicant has asserted that the hospital's functions and ownership will remain unchanged in this new
location. The Property was established as a PD-IP district under ZMA199500004, which was later
amended by ZMA199800027 and ZMA200500003.
Under ownership and operations as described above, the UVA Encompass Health Rehabilitation
Hospital is a by -right public use in the University of Virginia Research Park.
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 § 18-34.3 of the Zoning Ordinance, along with a fee of $258 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.ora/countvcodebza.
If you have any questions, please contact me.
Sincerely,
�F_71�,
Leah H. Brumfield
Senior Planner, Designee of the Zoning Administrator
Attachment: University of Virginia Research Park Application Overlay Plan, dated 7/06/09, exhibit K-4
Copy: Claudette Borgersen, Clerk of the Board of Supervisors