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HomeMy WebLinkAboutLZC201900034 Other 2019-11-08WILLIAMS M U LLEN Direct Dial: 434.951.5709 vlong@williamsmullen.com October 21, 2019 BY HAND Bart Svoboda Zoning Administrator Albemarle County 401 McIntire Road Charlottesville, VA 22902 Re: Request For Zoning Confirmation Letter — TMP 61-124C Dear Mr. Svoboda: On behalf of one of our firm's clients we would like to request a zoning determination letter for certain real property located in Albemarle County designated in the County's real estate tax records as tax map parcel 06100-00-00-124CO3 containing 1.21 acres, and having an address of 874 Rio East Court (the "Property"). According to the County's records, the Property is owned by East Rio Court, LLC. Our client is considering purchasing the Property for use as a television broadcast studio, which would include the installation on the Property of receive -only satellite dishes. The satellite dishes proposed for location on the Property would not transmit any signals, they would only receive signals. Based on prior communications on this same issue with Francis McCall, in connection with a different property in the County, Francis had advised that satellite dish structures that only receive signals from satellites that are then broadcast from within the television station over existing fiber-optic lines and not through the proposed satellite dish structures, are considered accessory structures to the independent office use and are permitted as a by -right use. We are seeking certain written assurances regarding the Property, including, but not limited to, confirmation as to the current zoning of the Property, confirmation that the Property's zoning permits the use of a television broadcast studio as a by -right use, and that the installation of the above -described satellite dishes is also a by -right use that will not require the approval of a special use permit, and that the only proffered conditions are those associated with ZMA 1996-04, Encore Investments Limited Partnership, which the County Board of Supervisors approved on July 17, 1996. For your convenience, I have enclosed a copy of the action letter from ZMA 1996-04. Furthermore, we seek to confirm whether there are any proffered or otherwise applicable plans of development applicable to the Property and whether the Property is generally in compliance with the zoning and subdivisions laws and regulations of the County. I have enclosed a form letter containing the information we are seeking to confirm, along with a check in the amount of $108.00 for the application fee. I would appreciate it if you would please email the letter to me at vlong(a-)-williamsmullen.com once it is available, and mail the original letter and any attachments to my attention at the address shown on the bottom of this 321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951.5700 F 434.817.0977 williamsmullen.comI A Professional Corporation October 21, 2019 Page 2 letter. We would appreciate any assistance you can provide in expediting this letter, as it is needed in connection with our client's prospective purchase of the Property. Thank you in advance for your assistance, and please let me know if there is any additional information you need from me to process this request. Sincerely, vk�w, � Valerie W. Long Enclosures 41181220_1 [LETTERHEAD OF COUNTY OF ALBEMARLE, VIRGINIA] 2019 Lockwood Broadcasting c/o Valerie W. Long Williams Mullen 321 E. Main Street, Suite 400 Charlottesville, VA 22902 Dear Ms. Long: At the request of Williams Mullen, we have examined our records with respect to that certain real property lying in the County of Albemarle, Virginia, being designated in the County's real estate tax records as Tax Parcel 06100-00-00-124CO and commonly known as 874 Rio East Court (the "Property"), and we are pleased to advise you that: a. The Property is currently zoned Planned Development — Mixed Commercial ("PD-MC") under the Zoning Ordinance of the County of Albemarle, Virginia. b. The PD-MC zoning district permits the use of the Property as television broadcast studio by -right, without the necessity of obtaining a conditional or special use permit, variance, special exception or other authorization or approval. C. The installation of receive -only satellite dishes at the Property is a by -right use that does not require the approval of a special use permit. d. The Property is subject to proffered conditions associated with ZMA 1996-04, Encore Investments Limited Partnership. A copy of the attached proffers and approved plan of development associated with ZMA 1996-04 is attached. e. The Property is not subject to any other proffered conditions, plan of development, special use permit or other special limitations imposed by the County of Albemarle, Virginia. [If the Property is subject to other proffered conditions, plan of development conditions, or use permit, please so state and attach a copy.] £ To the best of my knowledge, the Property is currently in compliance with all applicable requirements of the zoning ordinance of the County of Albemarle, Virginia. A review of our files found (i) no violations or alleged violations or regulations applicable to the Property, whether pending, contemplated or having already occurred, (ii) no fees due or pending with respect to any matter before the County Community Development Department; and (iii) no pending application for rezoning of the Property, or for a special use permit or special exception or variance in connection with the Property. Further, no proceeding to challenge the zoning or other governmental approval or use of the Property is pending, or, to the best of our knowledge, 1 overtly threatened. g. The Property is now recognized as one or more separate parcels of land under the subdivision ordinance of the County of Albemarle, Virginia, and may be conveyed, leased, or mortgaged as one or more separate parcels and currently complies with such subdivision ordinance and other applicable subdivision laws. The Property is not subject to any conditions or special limitations imposed by the County of Albemarle, Virginia in connection with any subdivision approval of the Property. [If the Property is subject to any such conditions or limitations, please so state.] h. In the event of casualty, the Property may be rebuilt substantially in its current form (i.e. no loss of square footage, same building footprint) upon satisfaction of the following conditions and/or the limitations [INSERT specific requirements concerning resumption of construction activity or completion, compliance with new building codes, zoning or subdivision requirements (such as bulk standard requirements, height, setback requirements]. 41034349_1 Very truly yours, Zoning Administrator of the County of Albemarle, Virginia 2