HomeMy WebLinkAboutLOD201900018 Letter of Determination 2019-11-26�'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
November 26, 2019
LJ Lopez
Milestone Partners
300 2nd Street NE
Charlottesville VA 22902
RE: LOD201900018 — Boys & Girls Clubs Determination of Use I TMP 06000-00-00-078AO ("the
Property")
Dear Mr. Lopez:
This is a response to your request for a determination regarding the operation of the Boys and Girls
Club in a proposed structure to be owned by the Boys and Girls Clubs of Central Virginia (BGCCV) on
the campus of Jack Jouett Middle School, located on the Property.
Background
Use History
The BGCCV has operated in Albemarle County since 2000, providing programs for children and teens
aged 6-18. The Jack Jouett Boys and Girls Club has operated within the Jack Jouett Middle School
building since 2003 and serves over 200 students.
Other Local Clubs
According to BGCCV leadership, the James River, Orange, and Madison Boys and Girls Clubs operate
within public school buildings located on school properties and are operated as accessory uses to the
public schools.
The Southwood Club is located in Albemarle County, and is permitted as a "community center" by
special use permit in a building owned by the BGCCV. The Cherry Avenue Club in the City of
Charlottesville is permitted by special use permit as a "club," in a building owned by BGCCV on land
leased to the BGCCV from the City of Charlottesville Public School System.
Current Use as an Accessory Use Customarily Incidental to a Public Use
The definition of "accessory use" per Chapter 18-3.1 of the County Code is:
Accessory use, building or structure. "Accessory use," "building" or "structure" means a
subordinate use, building or structure customarily incidental to and located upon the same
lot occupied by the primary use, building, or structure, and located upon land zoned to allow
the primary use...
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LOD-2019-00018
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Currently, the Jack Jouett Boys and Girls Club provides before and after -school and summer care
services (also referred to as "after -school care" in this letter) on behalf of Jack Jouett Middle School and
operates within the Jack Jouett Middle School building, which is owned and operated by Albemarle
County Schools. This is the model practiced by most Boys and Girls Clubs chapters across the United
States. Under this model, after -school care is a customarily incidental accessory use to the public school.
Proposed Use
Chapter 18-3.1 of the County Code defines a community center as:
Community center. "Community center" means a place, structure, area or facility used for
cultural, educational and/or recreational activities, which is open to the public and intended
to serve the local community. A community center is different from a neighborhood center,
which is a use that is typically accessory to a residential development.
The proposed new use would combine the provision of after -school care with the additional programming
and services of a community center serving the greater public, and permit additional outside
organizations occasional use of the proposed BGCCV-owned structure. The proposed use is nearly
identical to the uses conducted at the Southwood and Cherry Avenue Boys and Girls Clubs, both of
which are permitted by special use permits.
Though some community centers may be considered a public use under Chapter 18-5.1.04, the Boys
and Girls Club of Central Virginia's proposed community center use at Jack Jouett Middle School would
not be a public use, as it would not be "owned, operated, or receiving a majority of the use's operating
budget from local, state or federal agencies," as defined in County Code § 18-3.1:
Public uses. "Public uses" means public uses, buildings and structures including, but not
limited to, schools, offices, parks, playgrounds and roads, owned, operated, or receiving a
majority of the use's operating budget from 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 or operated by
the Rivanna Water and Sewer Authority (reference County Code § 18-5.1.12).
Operation of a Community Center
As the operation of the proposed community center would be neither accessory to a public school, nor
a public use, the operation of the community center would be allowed only by special use permit.
ODeration of After -School Care Provided on Behalf of a Public School
After -school care provided on behalf of a public school constitutes an accessory use of the school and
is permitted by right on the parcel owned by Albemarle County Public Schools. However, if the public
school use ceased, the associated accessory use must also cease, regardless of the ownership of the
buildings in which it was located.
Summary
The proposed new Jack Jouett Boys and Girls Club structure would serve two separate uses. The first,
provision of before and after -school and summer care, is an accessory use of Jack Jouett Middle School,
which is both a public facility and a public use. This use is permitted by right on the Property. The second
use of a community center is not accessory to the public school, nor a public use of its own right. This
proposed community center use may not begin without the approval of a special use permit. However,
the structure proposed for the Jack Jouett Boys and Girls Club may be permitted, provided the structure
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is only used for before and after -school and summer care. The structure may be used for community
center uses only if a special use permit for a community center is approved.
Comprehensive Plan Review
A Compliance with the Comprehensive Plan Review (CCP Review), considers whether the general
location, character, and extent of a proposed public facility are in substantial accord with the adopted
Comprehensive Plan. It is reviewed by the Planning Commission, and the Commission's findings are
forwarded to the Board of Supervisors for their information; no additional action is required of the Board.
The Commission's action is only related to the appropriateness of the site for the proposed public use,
and is not an action or recommendation on whether the facility should be funded and/or constructed. If
the community center were determined to be a public use, a CCP Review would be required.
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.
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 Zoning Ordinance. They may be reviewed online at
www.albemarle.ora/countvcodebza.
If you have any questions, please contact me.
Sincerely,
Leah H. Brumfield
Senior Planner, Designee of the Zoning Administrator
Attachment:
Copy: Bart Svoboda, Zoning Administrator