HomeMy WebLinkAboutLOD202000009 Letter of Determination 2020-08-17COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 17, 2020
Matthew Crane
4221 Earlysville Road
Earlysville VA 22936
RE: LOD2020-00009 — FOR PARCEL IDs 06100-00-00-167AO (3.633 acres) ("Parcel
167A") (Owner - RIO COMMONS LLC), and 06100-00-00-17000 (13.205 acres) ("Parcel
170") (Owner - CHARLOTTESVILLE WALDORF SCHOOL INC)
OFFICIAL DETERMINATION OF USE — Permitted use of approximately 2.5 acres (the
"Property") from Parcel 170.
Dear Mr. Crane:
In response to your request for an official determination of the use of an approximately 2.5-
acre portion (labelled the "Property") of Parcel 170, and of the development potential of Parcel
167A by adding the "Property" to Parcel 167A with an approved boundary line adjustment, I
have made the following determinations:
Parcel 167A and 170 are zoned Residential, R-4, and are subject to the regulations in Section 15
of Chapter 18 of the Albemarle County Code (the "Zoning Ordinance"). Parcel 170 is also
subject to SP2018-00021, approved with conditions by the Board of Supervisors for a
private school, on May 15, 2019. Parcel 170 is further subject to both the Entrance Corridor
("EC") Overlay District and the Steep Slopes Overlay District, as described in Section 30 of the
Zoning Ordinance. Parcel 167A is also subject to the Steep Slopes Overlay District.
Special use permits are legislative actions that, once the use is commenced, run with the land.
Condition #1 of SP2018-00021 allows for minor modifications that do not conflict with the five major
elements noted in condition #1. Because the location of the "Property' is not related to any of the
five major elements listed, the "Property' is eligible to be added to Parcel 167A with an approved
boundary line adjustment plat.
The request also asked to "clarify the development rights associated with the 2.5 acres..." and to
"clarify that these development rights will transfer to Parcel 167A." As noted multiple times, the
exact area of the "Property" is approximate. The final acreage must be shown on a survey and
verified with the Zoning Administrator to be within the general area shown on Attachment A. The
by -right development of Parcel 167A may be established only in compliance with all applicable
regulations of the R-4 zoning district. To clarify, "development rights" for this determination is the
gross density standard level density that Parcel 167A is permitted, as noted in Section 15.3 of
the Zoning Ordinance. The exact density will not be known until a final survey is submitted and
approved by the County. Please note that any by -right development proposal must comply with
all applicable regulations, not just the density regulation.
Within the "Property", a 50' Greenway dedication is noted. Dedication of this Greenway will be
required at some point.
August 17, 2020
LOD-2020-00009
Page 2
Anyone aggrieved by this determination may appeal it within thirty (30) days of this notice, in
accordance with Virginia Code § 15.2-2311. If a timely appeal is not filed, this determination
becomes 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 § 34.3 of the Zoning Ordinance, along with a fee of
$240 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
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902, or online in the Forms Library for Zoning Determinations and Development Rights. 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 Albemarle County Code. They may be reviewed online at
www.albemarle.org/countycodebza.
Sincerely, /la
zzq 14 -
Francis H. MacCall
Chief of Zoning/Deputy Zoning Administrator
Link to documents
Attachment A — Map showing Approximate 2.5 acres
R4 — Residential Zoning District
SP2018-00021 Documents
Cc: RIO COMMONS LLC
Bart J Svoboda, Zoning Administrator 1701 ALLIED STREET SUITE B-4
Andy Herrick, Deputy County Attorney CHARLOTTESVILLE VA, 22903
CHARLOTTESVILLE WALDORF SCHOOL INC
120 WALDORF SCHOOL RD
CHARLOTTESVILLE VA, 22901