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Home My WebLink AboutLOD202000016 Application 2020-09-11WILLIAMS MULLEN Direct Dial: 434.951.5700 @williamsmullen.com September 11, 2020 Mr. Bart Svoboda Zoning Administrator/Director of Zoning Albemarle County 401 McIntire Road Charlottesville, VA 22902 Re Request for Official Determination Letter — Stonefield Block D-1 Dear Mr. Svoboda: Enclosed please find an application for Official Letter of Determination in connection with a proposed mixed use project in Stonefield, on proposed Block D-1. The proposal is for a mixed - use building containing 220 multi -family dwelling units. Our firm represents the prospective purchaser of the property. I have attached a draft response letter that addresses all of the issues that we seek confirmation of, such that I believe it is self-explanatory, but should you have any questions, please do not hesitate to reach out to me directly. I have spent significant time over the past few months researching the details and history of the rezoning approvals (several of which I was involved with), and the status of the proposed site plan (SDP 2020- 00024) and the proposed final subdivision plat to create Block D-1 (SUB 2019-00150). Tori Kanellopoulos in Planning has been reviewing both the site plan and the subdivision plat, and may have more current information than I do on both items. I am submitting this application electronically along with the following items: 1. Application Form 2. Application Fee in the amount of $108 (original to be hand -delivered) 3. Copy of the Tax Map as prepared using the County GIS system 4. Proposed form of Official Determination Letter 5. Stonefield Code of Development, Application Plan, and Proffers Please let me know if you require anything further in connection with this request, and in particular if I can be of assistance given the zoning history of this property and my recent research regarding the same. I appreciate your assistance with this request. Sincerely, VgLaw Valerie W. Long 321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951 5700 F 434.817,0977 williamsmullen.coml A Professional Corporation FOR OFFICE USE ONLY LOD # Fee Amount $ Date Paid By who? Receipt # Ck# By: a, y Application for Official Letter of Determination ❑ Official Letter of Determination of Parcel of Record and/or Development Rights = $108 A separate fee is required for each parcel shown on the tax map. (1 parcel is $108, 2 parcels are $216, etc.) GZ All other Official Letters of Determinations (including but not limited to Use, Zoning, Nonconformity, Parking, Floodplain, Vested Rights, Area & Bulk Regulations, De minimis) = $108 [ZCertification that notice of this application has been provided to the property owner if the owner is different from applicant. Project Name: Stonefield Block D-1 Tax map and parcel(s): 061 WO-03-00-019AO (portion) Zoning: NMD Contact Person (Who should we call/write concerning this project?): Valerie W. Long, Williams Mullen Address 321 E. Main St., Suite 400 Daytime Phone 434 951-5709 Fax # (__) Owner of Record OCT Stonefield LLC City Charlottesville State VA Zip 22902 E-mail vlong@williamsmullen.com Address 240 Royal Palm Way 2nd Floor City Palm Beach Daytime Phone L__) # L—) E-mail State FL Zip 33480 Applicant (Who is the Contact person representing?): OC Stonefield Residential, LLC c/o Eric Liang Address 315 Park Avenue South Daytime Phone 2( 12 ) 433-4116 Fax # (__) City New York State NY Zip 10017 E-mail eric.liang@columbia.reit County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 9/7/2018 Page 1 of 2 Submittal Requirements Parcel of Record and/or Development Rights ❑ Tax Map Page ❑ Provide evidence showing when the parcel/parcels was/were created. This will include the following; ❑ The last instrument of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia on or prior to December 10, 1980. ❑ Include deeds that provide a plat or metes and bounds description of the property. (Highlight or underline references to the subject property). ❑ All plats and deeds of record after December 10, 1980, UP UNTIL THE PRESENT DATE. (Highlight or underline references to the subject property). ❑ Cover letter stating the assumed number of parcels and development rights, with explanation of same. ❑ Any other pertinent information. ❑ A fee is required for each shown on the tax All other Determinations ® Cover letter stating what is being requested. Provide all necessary information for the consideration of this decision including m Tax Map Page if request is regarding a specific property. ❑ If the request is regarding a nonconforming use, structure, or lot then you must provide enough probative material evidence to prove the nonconformity. ® Provide justification for the request and any other pertinent information. ® Fee as noted above. Please refer to the Albemarle County Land Use Law Handbook for more information and Determination may take up to ninety (90) days from submittal i Signature of Owner " Valerie W. Lang, agent for App scant Print Name 9.11.2020 Date 434-951-5709 Daytime phone number of Signatory Page 2 of 2 a [LETTERHEAD OF ZONING ADMINISTRATOR/DIRECTOR OF ZONING OF THE COUNTY OF ALBEMARLE, VIRGINIA] 2020 OC Stonefield Residential, LLC c/o Eric Liang 315 Park Avenue South New York, NY 10010 Commonwealth Land Title Insurance Company Attn: Liane Carpenter 685 Third Avenue, 20th Floor New York, NY 10017 RE: Official Letter of Determination — Stonefield Block D-1 Dear Mr. Liang and Ms. Carpenter: At the request of OC Stonefield Residential, LLC, we have examined our records with respect to that certain parcel of real property lying and being in the County of Albemarle, Virginia (the "County'), consisting of approximately 2.466 acres, and shown and labeled as "Block D-1" on the subdivision plat prepared by WW Associates, entitled "Plat Showing Division of Stonefield Parcel 1 (Block D-1) Owned by OCT Stonefield Property Owner LLC, Jack Jouett Magisterial District, Albemarle County, Virginia" and dated August 16, 2019 (the "Property'). The Property is currently part of that certain parcel of real property designated as County Tax Map Parcel number 061 WO-03-00-019AO, otherwise known as Stonefield. We are pleased to advise you as follows. a. Zoning District. The Property is currently zoned Neighborhood Model District ("NMD") under the Zoning Ordinance of the Albemarle County Code (the "County Code'). The NMD is a planned development district with standards for development that are particular to each NMD. The standards for development are found in a code of development that establishes, among other things, the uses permitted on each block in the NMD by right and by special use permit. Certain uses enumerated in County Code § 18-20A.6(a) are permitted by right in a given NMD if the use is expressly identified as a by right use in the NMD's code of development or if the use is permitted in a determination by the Zoning Administrator pursuant to County Code § 18-8.5.5.2(c)(1). Certain uses enumerated in County Code § 18-20A.6(b) are permitted by special use permit in a given NMD if the use is expressly identified as a use permitted by special use permit in the NMD's code of development. b. Other Existing Land Use Restrictions. The Property is subject to a code of development, an application plan, and proffers (collectively, the "Stonefield Regulating Documents"). The Stonefield Regulating Documents were originally approved by the County Board of Supervisors in 2003 and have been amended several times, most recently in 2013, by a zoning map amendment identified as ZMA 2013-00009. The Stonefield Regulating Documents in effect as of the date of this official letter of determination are attached hereto and are as follows. I. Code of Development. The Property is subject to a code of development dated October 15, 2003, approved as part of ZMA 2001-00007, and partially amended by a Code of Development dated October 21, 2013 and approved by the County Board Page 2 of Supervisors on November 13, 2013 as part of ZMA 2013-00009 (collectively, the "Stonefield Code of Development'). The Stonefield Code of Development establishes Blocks A-G. Appendix A to the Stonefield Code of Development sets forth the permitted and prohibited uses by block. ii. Application Plan. The Property is subject to an application plan dated October 21, 2013 and approved by the County Board of Supervisors on November 13, 2013 as part of ZMA 2013-00009 (the "Stonefield Application Plan"). iii. Proffers. The Property is subject to proffers dated and approved by the County Board of Supervisors on November 13, 2013 as part of ZMA 2013-00009 (the "2013 Proffers'), and is also subject to proffers dated March 13, 2012 and approved by the County Board of Supervisors on March 14, 2012 as part of ZMA 2011-00007(the "2012 Proffers"), to the extent that the 2012 Proffers were not expressly amended by the 2013 Proffers (collectively, the "Stonefield Proffers'). C. Proposed Multifamily Housing Uses. The Property is currently undeveloped. The Property is proposed to be developed for multifamily housing, specifically including 220 apartment units, and similar and customarily related uses (the "Proposed Use"). Appendix A to the Stonefield Code of Development permits "multiple -family dwelling" uses by right in Block D parcels. The Stonefield Application Plan shows that Block D contains Block D-1. In addition, the Stonefield Code of Development imposes an overall limit of 800 residential dwelling units within the NMD, and a limit of 450 residential dwelling units within "Block Group 1" (defined as Blocks A, B, C and D). i. Block Group 1. As of the date of this official letter of determination, there are 209 residential dwelling units approved for Block Group 1 (49 platted lots in Phase 1 of Block D-2, and 160 apartment units permitted by the approved final site plan for Phase 2 of Block D-2), such that an additional 241 dwelling units are permitted to be approved in Block Group 1. Since the Proposed Use of 220 dwelling units is less than the permitted 241 dwelling units, the Proposed Use is permitted by right in Block D-1. ii. Overall NMD. As of the date of this official letter of determination, there are a total of 459 approved residential dwelling units within the NMD (209 dwelling units in Block Group 1, and 250 units in Block E as part of Stonefield Commons), such that an additional 341 dwelling units are permitted to be approved in the overall NMD. Since the Proposed Use of 220 dwelling units is less than the permitted 341 dwelling units that are permitted over all in the NMD, the Proposed Use is permitted by right. Accordingly, the Proposed Use is permitted by right on the Property. d. Status of Proffers. With respect to the Property, all of the Stonefield Proffers have been satisfied, such that no funds will be required to be paid prior to the issuance of any building permit or certificate of occupancy for any units within the Proposed Use, or owed at any other time. e. Compliance with Zoning Ordinance. To the best of my knowledge, the Property is currently in compliance with all applicable requirements of the Zoning Ordinance of the County Code. A review of our files found (i) no violations or alleged violations of 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 Community Development Department; and (iii) no pending application for rezoning of the Property, or for a special or conditional use permit or variance in connection with the Property. Further, no proceeding to challenge the zoning or Page 3 other governmental approval or use of the Property is pending, or, to the best of our knowledge, overtly threatened. Very truly yours, Bart Svoboda Zoning Administrator / Director of Zoning of the County of Albemarle, Virginia cc: Valerie W. Long, Williams Mullen Attachments: Stonefield Code of Development Stonefield Application Plan Stonefield Proffers 42691385_2