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Home My WebLink AboutLOD201900013 Letter of Determination 2019-08-02�'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 July 19, 2019 John W. Zunka Zunka, Milnor & Carter, LTD. 414 Park Street PO Box 1567 Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF USE — Determination of Use for Foxfield property on Garth Road, TMPs 04300-00-00-02100 and 04300-00-00-021AO (the "Property") Mr. Zunka: I have consulted with the Zoning Administrator and the County Attorney in response to your request for a determination of the permitted uses of the Foxfield Property. My determination findings are outlined below. History of the Parcel Establishment of Permanent Horseshow Grounds On October 12, 1976, the Albemarle County Board of Supervisors approved SP197600067 for a Permanent Horseshow Grounds on the Property, permitting one major steeplechase event per calendar year. The Board amended the special use permit on August 2, 1978, with SP197800039, permitting two major steeplechase events per year. The special use permit included provisions for site plan approval, approval of appropriate state and local agencies, including the Department of Health, and restrictions on signage for the use. The permit also prohibited the construction of "billboards, grandstands, or lighting on the track." Accessory Uses to Horse Show Grounds On March 28, 1979, Zoning Administrator J. Benjamin Dick wrote a determination concerning accessory uses at the Foxfield Property. After researching similar horse show grounds in the region, Zoning Administrator Dick determined that accessory uses such as "bazaars involving amusements, antique car shows, Easer hunts, 4H cattle shows, charitable events, civic club events, and the like" were customarily incidental to the approved horse show grounds. However, Mr. Dick did note that any accessory uses proposed must be "customarily consistent and harmonious with the agricultural community in which they are located," and determined that each accessory use proposed would be evaluated. If the use was determined by the Zoning Administrator to July 19, 2019 LOD-2019-00013 Page 2 of 3 be harmonious to the agricultural community as well as customarily incidental to a horse show grounds, the use may be permitted. Summary and Findings — Uses Permitted Rural Areas Uses All Rural Areas District by -right uses are permitted on the Property Special Use Permit Special Use Permits SP197600067 and SP197800039 approve and amend the establishment of a horse show grounds on the Property, with limited permanent structures as described above. Accessory Uses Accessory uses are permitted to both the by -right uses and the horse show grounds governed by SP197800039. The accessory uses must remain subordinate to the primary horse show use. Accessory uses to the by -right rural area uses are as determined customarily incidental in Albemarle County. Each new accessory use to the horse show grounds must be determined to be customarily incidental to horse show grounds. As the horse show grounds use is not common in the County, the Zoning Administrator will investigate each new use to determine whether the accessory use is customary at other comparable horse show grounds across the state and region. The accessory uses which have already been determined to be customarily incidental to the horse show grounds through either the 1979 determination or a previously approved temporary events zoning clearance include: "bazaars involving amusements, antique car shows, Easer hunts, 4H cattle shows, charitable events, civic club events, and the like," dog shows, charity footraces, and Red Cross fundraising events. All of these events have similar low impacts on the surrounding area, do not involve permanent structures, do not involve overnight camping, and promote charitable or educational non- profit organizations. All accessory uses do require a Zoning Clearance permit, which may impose conditions to reduce impacts to neighboring parcels as determined by the Zoning Administrator. 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 Albemarle County Code § 18-34.3, 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. July 19, 2019 LOD-2019-00013 Page 3 of 3 Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Albemarle County Code § 18-34.3 of the Zoning Ordinance. They may be reviewed online at www.albemarle.org/countycodebza. If you have any questions, please contact me. Sincerely, Leah H. Brumfield Senior Planner, Designee of the Zoning Administrator Attached: 1979 LOD Re: Dog Show, Jaycees Egg Hunt, and Spring Antique Car Show at Horse Show Grounds Copy: Bart Svoboda, Zoning Administrator �Off' ALSeM V�Y � G0° " Inspections Department Zoning Division 414 EAST MARKET STREET J. MENJAMIN DICK CHARLOTTESVILLE, VIRGINIA 22901 20NINO AOMINIaTNATOR (804) 266-6832 March 28, 1979 u�der s P-76 -67 Mrs. Mariann Tejeda Mr.Raymond Woolfe, Jr., Director Foxfield Racing Association Garth Road P.O. Box 5187 Charlottesville, VA 22905 Re: Dog Show, Jaycees Egg Hunt, and Spring Antique Car Show at Horse Show Grounds Dear Mrs. Tejeda and Mr. Woolfe: AN0R9W EVANd •ILNION INGPOCTON This letter is in reponse to your letter of March 19, 1979, and my phone conversation of March 28, 1979, concerning the above proposed accessory uses at Foxfield. I have conferred with the County Attorney's office and they are of the opinion that a decision as to any proposed accessory uses pertaining to the granted special use permit by the Board of Supervisors rests with the Zoning Administrator. The first proposed accessory use you brought to my attention was the dog show. My initial opinion was that this proposed use would not be allowed without demonstrating it to be accessory to the main use. However, Mr.Woolfe did some investigating of similar facilities in other areas. I reviewed with considerable interest the attached copy letter from Executive Director Stephen P. Groat of Fair Hill Track dated March 13, 1979. From the information Mr. Groat provided and from my own experience in my home area regarding horse show and fair grounds, it is precedented that horse show grounds are used for other varied subordinate uses other than _just a main horse event or show. Examples of these uses are bazaars involving amusements, antique car shows, Easter hunts, 4H cattle shows, charitable events, civic club events, and the like. Accessory uses of horse show grounds, and the Board of Supervisors did grant a permanent horse show ground permit, must be customarily consistent and harmonious with the agricultural community in which they are located. Mrs. Mariann Tejeda Mr. Raymond Woolfe, Jr. Page 2 March 28, 1979 I see no conflict with the proposed accessory uses vahich you noted and which this letter concerns. The fact these events, as stated by you, facilitate the charitable purpose of the horse show grounds reinforces my decision that the proposed accessory uses are allowable. I draw your attention to the definition of "Accessory Use" per section 16-2 of the Zoning Ordinance. Accessory Use -of Structure: A subordinate use or structure customarily incidental to and located upon the same lot occupied by the main use or building. The above language "customarily and incidental to" is very important in considering any proposed accessory uses by your group since the County Zor_ing Ordinance has no exact definition of "Horse Show Grounds." It therefore appears that each proposed accessory use will have to be weighed on its own merits by the Zoning Administrator and the proposed use will have to be shown as "customarily and incidental to" the special use of a horse show ground. In addition, the proposed accessory use must not be completely inconsistent with the Board of Supervisors' granted permit, the main use and the A-1 zone. The door is open to any and every proposed accessory use. I should further note that anyone could disagree with my decision and appeal the same to the appropriate authority. To rid your organization of nagging doubts, the appropriate course to assure consistency in the Zoning Administrator's decision as to accessory uses would be to seek an amendment of your special use permit or to amend the Zoning Ordinance to provide a definition of "Horse Show Grounds" that outlines the allowable uses. I hope this answers your requests. If you have any questions, please feel free to contact this office. JBD/``pms cc: GRobert W. Tucker, County Attorney's SUP File Respectfully, J. Benjamin Dick Zoning Administrator Jr., Director of Planning Office