The URL can be used to link to this page

Home My WebLink AboutLOD202000007 Letter of Determination 2020-06-18COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 June 18, 2020 The Greencroft Club Inc. PO Box 14 Ivy VA 22945 Attn. Bruce W. Kirtley RE: LOD2020-00007 - OFFICIAL DETERMINATION OF USE — Clarification of certain aspects of the property referred to as The Greencroft Club (the "Club") and confirmation of the current number of development rights, at 575 Rodes Drive, Charlottesville VA 22903 on Parcel ID 05800-00-00-091AO (the "Property") Dear Mr. Kirtley, Pursuant to Section 31.1(a)(2) of Chapter 18 of the County Code (the "Zoning Ordinance"), the following determinations are made regarding the questions outlined in your request letter asking for (i) a determination "to clarify uses of certain aspects of the property referred to as The Greencroft Club,"... and (ii) a "confirmation of the current number of development rights associated with the Club property." Existing club use On July 26, 1972, the Board of Supervisors approved special use permit SP1972-00184, to "locate a swim and tennis club on 6.0 acres" with conditions. The Property is zoned Rural Areas ("RA" ), and the club use in the Zoning Ordinance is referred to as "Swim, golf, tennis or similar athletic facilities," which has applicable supplemental regulations in Section 5.1.16 of the Zoning Ordinance. The club's use of the "swim, golf, tennis, or similar athletic facilities" is legal and may continue subject to the applicable regulations and the conditions imposed on July 26, 1972. Condition #4 requires: "Strict compliance with the site plan as filed with the petition." Though there is no site plan in the file for the special use permit and none on record from 1972, County records indicate that the first site plan approved on the Property was SDP1989-00027. In the site plan file, the Zoning Administrator provided comments for the site plan stating, "There is a "drawing of sort" in the SP-72-184 but does not give any detail information for the site. Review has been made, and 1 have no comments. " The 1989 site plan was for a proposed addition of a 310 square foot addition to the main clubhouse. The approved plan shows the proposed addition along with the improvements of existing drives and parking areas, the existing Greencroft Club building of 8721 sq. ft., the existing bathhouse with an apartment of 2020 sq. ft., the existing house of 600 sq. ft., the existing pool, and what appears to be tennis courts. As the Zoning Administrator did not object to the improvements shown on the 1989 site plan, and that plan was subsequently approved by the County, that plan is deemed to be the plan to be used for compliance with the special use permit. All other conditions have been met for this special use permit. June 18, 2020 LOD202000007 Page 2 of 3 Existing apartment and house use At the time of the approval of the Club, all of the improvements identified on the noted site plan are believed to have existed, including the 2020 sq. ft bathhouse with an apartment and the 600 sq. ft. house. Both the apartment and house are dwelling units that each utilize one of the five development rights noted in a later portion of this determination. Both the apartment and the exiting house are dwelling units, which are each a by -right use of the Property under Section 10.2.1 of the Zoning Ordinance. As both the apartment and house are by -right dwellings, they may be rented for periods of more than thirty days to non -club members. They also may be used as transient lodging for guests of club members, which is considered an accessory use to the established club use. Accessory use of the existing apartment or house with a Homestay The Property is 13.785 acres, zoned RA, and is owned by The Greencroft Club Inc. The applicable homestay regulations are found in Section 5.1.48 of the Zoning Ordinance (Attachment - Homestay Regulations). The use of the existing house or apartment for an accessory homestay use would not be permitted, as the owner (Greencroft Club Inc.) cannot reside in either of the dwellings on the Property. Development Rights The County Attorney and I have reviewed the title information for the Property. It is the County Attorney's advisory opinion and my official determination that the Property is comprised of one (1) parcel of record, with five (5) theoretical development rights. The basis for this determination follows. Albemarle County, real estate assessment records, indicate that the Property contains 13.785 acres and two (2) dwellings and is zoned Rural Areas. The most recent deed for the Property, recorded before the December 10, 1980 adoption of the Zoning Ordinance, is found in Deed Book 545, page 126, dated February 6, 1974. The plat that established the 13.785 acres as a parcel of record was recorded after December 10, 1980, on May 26, 1982. However, Albemarle County considers lots approved by the County before December 10, 1980, including those approved on a preliminary subdivision plat, but not put to record until after December 10, 1980, to be parcels of record for the purpose of determining development rights. Because the Greencroft subdivision was granted preliminary approval by the Planning Commission on November 18, 1980, all of the lots on that plat (even though recorded in 1982) would have one or more theoretical development rights. Therefore, as noted above, the 13.785-acre parcel is determined to have five (5) theoretical development rights. Two of the five development rights are already being utilized: one for the apartment within the 2020 sq. ft. building and one for the existing 600 sq. ft. house. Summary The Club is a use approved with an established and valid special use permit. The existing apartment and house may continue to be rented as dwellings for periods of more than 30 days. The existing apartment and house may be used as transient lodging for club member guests. The existing apartment and house may not be used for a homestay. The Property is comprised of one (1) parcel of record, with five (5) theoretical development rights, with the existing apartment and house utilizing two (2) of the five (5) development rights. June 18, 2020 LOD202000007 Page 3 of 3 The parcel of record is entitled to the noted development rights if all other applicable regulations can be met. These development rights may only be utilized within the bounds of the original parcel of record with which they are associated. These development rights are theoretical in nature but do represent the maximum number of lots containing less than twenty-one acres allowed to be created by right. Anyone aggrieved by this determination may appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. Any determination not so appealed is 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 Section 34.3 of the Zoning Ordinance, along with a fee of $258 plus the actual cost of advertising the appeal for a public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Community Development Department 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 Zoning Appeals may be found in Section 34.3 of the Zoning Ordinance, available online at https://library.municode.com/va/albemarle county/codes/code of ordinances?nodeld= COALCOVI CH18ZO S34BOZOAP Francis H. MacCall Chief of Zoning, Deputy Zoning Administrator Attachments: SP1972-00184 — Approval https://Ifweb.albemarle.orq/weblink/search.aspx?dbid=3&searchcommand=%7b%5bCDD- Plannina%5d:%5bADDlicationNumber%5d=%22SP197200184%22%7d SDP1989-00027 — Plan https://Ifweb.albemarle.orq/weblink/search.aspx?dbid=3&searchcommand=%7b%5bCDD- Planninq%5d:%5bApplicationNumber%5d=%22SDP198900027%22%7d Homestay Regulations - Section 5.1.48 https://Iibrary.municode.com/va/albemarle county/codes/code of ordinances?nodeld=COALC OVI CH18ZO S5SURE S5.1SURE S5.1.48HO Cc: Bart J. Svoboda, Zoning Administrator Andy Herrick, Deputy County Attorney