HomeMy WebLinkAboutLOD201700030 Action Letter 2019-08-19COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 18, 2017
Melinda Crawford
Executive Director
Charlottesville Albemarle Airport
Suite 200
100 Bowen Loop
Charlottesville, VA 22911
Re: Official Determination Charlottesville Albemarle Airport ( "CHO") — Zoning Use
Category
Dear Ms. Crawford,
This official determination is provided as a follow-up to our August 23rd meeting and my August
301h email. You may recall that two zoning use questions arose in that meeting: one relating to
the airport operations itself and the other relating to uses by private entities such as rental car
agencies. It is my determination that the operations of the airport constitute a public use. I will
explain more in the following analysis.
Albemarle County's Zoning Ordinance (§18-3.1) defines a 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). (Added 4-3-13)
The Charlottesville Albemarle Airport is a public use based on public: a) funding and b)
operation. This definition has several elements (funding, ownership, or operation), any one of
which can qualify a use as public. The use of "or" allows that either substantial local, state or
federal funding or ownership or operation can qualify a use as public.
As you know, the Charlottesville -Albemarle Airport is managed by an authority consisting of City
and County representatives, and is administered by an executive director. As stated on the
airport's website, this authority is the "governing body" for the airport. Therefore, the airport is
under public operation.
The airport's capital funding as well as portions of its maintenance, are paid for by state and
federal agencies, while the airport's operations are self -funded. This substantial public funding
meets that portion of the definition of "public use."
Public uses are reviewed for compliance with Albemarle County's Comprehensive Plan
Page 2
October 18, 2017
Official Determination Charlottesville Albemarle Airport Zoning Use Category
pursuant to Virginia Code §15.2-2232. CHO is referenced in the adopted Albemarle County
Comprehensive Plan. The airport's master plan is one of the appendices to the Comprehensive
Plan.
As discussed in our August meeting, as the Charlottesville Albemarle Airport Authority considers
future expansion plans, that will be a good opportunity to dovetail with updates to the County's
Comprehensive Plan. I understood that the Airport Master Plan will be revised in the near future
and that you will be working with our Planning staff on future plans.
We discussed proposed uses by private entities on CHO-owned property. The fact that the
property is owned by what is considered a public entity (the Charlottesville -Albemarle Airport)
does not qualify what is entirely a private use for the public use category as defined in the
Albemarle County Zoning Ordinance. For the land use on the property to be considered a
"public use", it would need to have a direct nexus with airport operations. If you wish to discuss
this further as CHO's plans solidify, please feel free to contact me.
Sincerely,
C�
Amelia G. McCulley, A.I.C.P.
Zoning Administrator