HomeMy WebLinkAboutLOD202100025 Correspondence 2021-12-22WILLIAMS MULLEN
Direct Dial: 434.951.5709
vlong@williamsmullen.com
December 22, 2021
Mr. Bart Svoboda
Zoning Administrator/Director of Zoning
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
Re: Request for Official Letter of Determination - Montalto Scholar Residences
Dear Mr. Svoboda:
Enclosed please find an application for an Official Letter of Determination in connection with the prior approvals
for Montalto Scholar Residences as a permitted use in the Monticello Historic District. Our firm represents the
Thomas Jefferson Foundation, which wishes to pursue the establishment of the residences in the near future,
and would like official confirmation from the County on the number of permitted residences (density limitation)
on the property, and related issues. We have attached a memo summarizing the details and history of the
district and the rezoning approvals, along with related attachments on the rezoning actions that have been
taken by the County. The determinations we are specifically requesting are as follows:
1. The maximum number of Monticello Scholar Residences permitted on the Montalto parcel (TMP 77-
31) is 15.
2. Development of the Montalto parcel with 15 or few Monticello Scholar Residences as shown on the
exhibit attached as Attachment C — Map of Potential Additional Area for Scholar Residences, is in
general accord with the approved Application Plan.
3. Because each Monticello Scholar Residence is a residential dwelling unit, each are permitted to
have a full kitchen, and each may have multiple bedrooms.
Please let me know if you require anything further in connection with this request, and in particular if I can be of
assistance given my experience with the zoning history of this property and the research regarding the same. I
appreciate your assistance with this request.
Sincerely,
Valerie W. Long
cc: Gardiner Hallock, Thomas Jefferson Foundation
Mike Matthews, Matthews Development Company
46568767.2
321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951.5700 F 434.817.0977
williamsmullen.coml A Professional Corporation
WILLIAMS MULLEN
MEMORANDUM
TO: Bart Svoboda, Zoning Administrator, Albemarle County
FROM: Valerie Long & Megan Nedostup, Williams Mullen
DATE: December 22, 2021
RE: Request for Official Determination Regarding Montalto and the Monticello Historic
District
The current Monticello Historic District ("MHY) regulations are contained in Section 11 of the
Albemarle County Zoning Ordinance. Additional attachments relevant to the history of the zoning
are included with this memo.
We respectfully request a determination on the following issues, and are providing this memo to
assist in the determination.
1. The maximum number of Monticello Scholar Residences permitted on the Montalto parcel (TMP
77-37) is 15.
2. Development of the Montalto parcel with 15 or few Monticello Scholar Residences as shown on
the exhibit attached as Attachment C — Map of Potential Additional Area for Scholar Residences,
is in general accord with the approved Application Plan.
3. Because each Monticello Scholar Residence is a residential dwelling unit each are permitted to
have a full kitchen, and each may have multiple bedrooms.
1. Initial Establishment of the Monticello Historic District
A. Zoning Text Amendment to create the Monticello Historic District: ZTA 2004-03
This zoning text amendment ("ZTA") was approved by the Albemarle County Board of
Supervisors ("Board") on June 8, 2005 and established the Monticello Historic District
as a planned district within the zoning ordinance.
The establishment of this district addressed both Monticello's history and rural aspects, and
established appropriate uses for the historic site. The district regulations allowed all of the
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historic uses of the property to continue, and for the renovation, expansion, and restoration of
those uses and structures. The new district also permitted the addition of a variety of visitor
amenities, such as the cafe, theater, exhibits, classrooms, and other uses now comprising the
Visitor's Center. Temporary events that had been occurring at Monticello for many years that
relate to the historic, educational, or civic significance of Monticello were also expressly
permitted by right, such as the Naturalization Ceremony on the Fourth of July, Thomas
Jefferson's Birthday celebration, summer speakers' series, and presidential inaugural events. In
general, uses related to the general operation of a historic house museum were permitted.
B. Rezoning Approval of Monticello to MHD: ZMA 2004-005
At that same meeting when the 2004 ZTA was approved, the Board also approved the rezoning of
Monticello to the new MHD district, subject to proffers and an Application Plan, which rezoning is
identified as "ZMA 2004-005" (the "2004 ZMA"). The action letter, along with the approved proffers
and Application Plan, is attached as Attachment A. The rezoned area comprised 868 acres, and
included the mountaintop, the area now comprising the Visitor's Center, and an area on the
southwest side of Route 53, adjacent to the Kenwood Library, for a future Administrative Campus, all
as shown in more detail on the approved Application Plan contained in Attachment A. The tax map
parcel numbers of those parcels that are subject to the 2004 ZMA are listed in the proffer statement
contained in Attachment A.
In addition to the rezoning request, the following waivers and modifications were granted by the
Albemarle County Planning Commission on April 12, 2005 at the time when the Planning Commission
had the authority to grant such waivers:
1. Critical slopes waiver.
2. Reduction in 20' required buffer for commercial zoning adjacent to rural and residential zoning
districts.
3. Curb and gutter waiver.
4. Parking lot slope requirement waiver.
2. Scholar Residences and Montalto
A. Zoning Text Amendment for Monticello Scholar Residence: ZTA 2007-006
This ZTA (the "2007 ZTA") was approved on May 7, 2008 by the Board. It amended the MHD
regulations by adding Section 11.3.1(24) to include "Monticello Scholar Residence" as a multi-
family use permitted by right. The staff report outlined that the existing density for new
residential development authorized in the MHD is one dwelling unit per twenty-one acres, and
the proposed zoning text amendment did not change that density.
In terms of the number of Scholar Residences permitted, the Planning Commission Work
Session staff report outlined that for new residential development on land zoned MHD, the
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number of permitted dwelling units per acre (the "density limit") allows for one dwelling unit for
every twenty-one acres of land. Based on the size of Montalto at 329 acres, this would permit a
maximum of 15 scholar residences.
B. Rezoning Approval of Montalto to MHD: ZMA 2007-023
On the same night that the Board approved the 2007 ZTA, it also approved the rezoning application
to rezone the 329.68 acres comprising the Montalto property from RA to MHD, subject to proffers
and an Application Plan (the "2007 ZMA"). The action letter confirming the approval of the 2007 ZTA
and 2007 ZMA and with the approved proffers and Application Plan is attached as Attachment B. The
County staff report noted that at 329.68 acres and a density limit of one dwelling unit for every
twenty-one acres of land, that a maximum of fifteen dwelling units would be permitted at the
Montalto property, although that figure is not stated in the proffers or noted on the approved
Application Plan.
It was also noted within the staff report that the Scholar Residences would be located within the
existing buildings, specifically the House, the Upper and Lower Barns, and the Tower, all identified on
the Application Plan. The proffers required the property to be developed in general accord with the
Application Plan, required all outdoor lighting to be shielded to reflect light away from adjoining
parcels, and for vehicular access to be controlled during peak events that required off -site parking.
During its review of the 2007 ZTA and the 2007 ZMA on April 8, 2008, the County Planning
Commission approved a critical slopes waiver for the Montalto property.
3. Zoning Text Amendment to expand uses in Monticello Historic District: ZTA 2009-016
This ZTA was approved by the Board of Supervisors on April 6, 2011 and revised the MHD regulations
as follows:
1. Expansion and revision of the following permitted uses:
a. Allowance of "fundraising activities and cultivation and stewardship events for the public
and/or contributors."
b. Allowance of "events that are typically conducted on a single day, but which may be
conducted for up to three consecutive days, for which attendance is permitted only by
invitation or reservation including, but not limited to, meetings, conferences, banquets,
dinners, weddings, wedding receptions, and private parties."
c. No limit on the number of events or number of attendees.
d. Allowance of Montalto Scholar Residences to be open for public use, by modifying the
definition of the use (details below).
e. Removal of the requirement that only three (3) dwelling units for the Scholar Residences
could be occupied at a time by non -scholars.
f. Allowance of farm winery uses, events, and activities that exceed 200 people by special
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use permit.
The ordinance was also amended to include a provision to allow an annual review of a traffic
management plan at the discretion of the Zoning Administrator, County Engineer, or at the request of
the Foundation (Section 11.5).
4. Permitted Number of Scholar Residences:
As noted previously, the density limit for residential uses generally was established with the initial
creation of the MHD by the 2004 ZTA at one unit per 21 acres, and no changes to the regulation
regarding density has been made since that time. The 2007 ZTA and the 2007 ZMA established
Monticello Scholar Residences as a multi -family dwelling use. Given the density requirements for
dwellings under the MHD, and the acreage of the Montalto parcel (329.68 acres), we believe that 15
residences would be permitted on the Montalto site (329.68/21 = 15).
S. Proposed Additional Area for Monticello Scholar Residences.
The Application Plan approved with the 2007 ZMA showed the proposed future development of the
Scholar Residences. In working with its design team, the Foundation would like to confirm that the
addition of the area shown on Attachment C as part of the Residences is in general accord with the
2007 ZMA Application Plan. The Application Plan shows the existing structures being connected
through a series of stairs and walkways, and this modest additional area is similar in scope and
purpose. The additional area is largely within the area that would be disturbed as part of the
renovations regardless. Finally, the additional area will allow for more operational efficiencies for the
Foundation. We understand that a site plan will be required for the improvements.
6. Scholar Residences — Kitchens and Bedrooms
Our understanding is that since the Scholar Residences are each technically a dwelling unit, they are
each permitted to have all the elements of a standard apartment, including full kitchens. In addition,
each dwelling unit is permitted to have multiple bedrooms, and each unit is treated as a single
dwelling unit, regardless of how many bedrooms it contains. As such, the ordinance itself does not
limit the number of total bedrooms or occupants that are permitted at the property, provided that the
total number of units do not exceed the permitted number.
Attachments:
A. 2004 ZTA and 2004 ZMA Action Letter of July 27, 2005 with Proffers and Application Plan
B. 2007 ZTA and 2007 ZMA Approval Letter of May 30, 2008 with Proffers and Application Plan
C. Map of Potential Additional Area for Scholar Residences
5[1SI1.111MI
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