HomeMy WebLinkAboutLOD202100025 Letter of Determination 2022-03-30�qoF ntg 401 McIntire Road, North Wing
c Z, Charlottesville, VA22902-4579
County of Albemarle Telephone:434-296-5832
COMMUNITY DEVELOPMENT DEPARTMENT WWW.ALBEMARLE.ORG
March 30, 2022
RE: LOD2021-00025 -OFFICIAL DETERMINATION OF USE for the Monticello Scholar Residences in the
Monticello Historic District — Parcel ID 07700-00-00-00310 - 329.22 acres (Property of Thomas Jefferson
Foundation, Inc.), Scottsville Magisterial District (the "Property")
Ms. Long and Ms. Nedostup:
You have requested an official determination "on the number of permitted residences (density limitation)
on the Property and related issues."
In response, I have reviewed the outlined history provided in Attachment A (which appears largely
accurate) and the additional action taken by the Board of Supervisors on April 6, 2011, for ZTA2009-
016, which amended the use listed for the Monticello Scholars Residences to the current use in
Section 11.3.1 of the Zoning Ordinance.
Based on the above information, I have made the following determinations:
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 fewer Monticello Scholar Residences, as shown on the
exhibit attached as Attachment C - Map of Potential Additional Area for Scholar Residences, is not in
general accord with the approved Application Plan for ZMA2007-023 (the "ZMA") (Attachment B).
a. The original proposal outlined to the Board of Supervisors in both the staff report and the
application did not anticipate additions to the existing structures to accommodate the Monticello
Scholar Residences. At the time, the applicant specifically stated: "No expansion of the existing
building footprint is required to provide the scholar residences, they will be located entirely
within the existing structures."'
b. This 'Potential Additional Area for Scholar Residences" would disturb different and considerably
more critical slopes than what was considered with the ZMA.
Though you have requested a determination regarding "general accord," please note that "general
accord" was not a term used in the Application Plan approval. Therefore, a "general accord"
determination may be of limited relevance to needed approval(s) going forward.
Any proposed expansion of the existing structures shown on the Application Plan would require either
(i) a special exception to vary the Application Plan pursuant to County Code § 18-8.5.5.3(a)(2) or (ii) an
amendment to the ZMA if additional changes were proposed. Please note that all renovations are
subject to the applicable Uniform Statewide Building Code. Any new additions that are located on
critical slopes would require additional special exception(s) for the disturbance of critical slopes.
3. Because each Monticello Scholar Residence is a residential dwelling unit, each is permitted to have a
full kitchen, and each may have multiple bedrooms.
March 30, 2022
LOD2021-00025
Page 2
You may have a right to appeal this determination within thirty (30) days of this notice, in accordance with
Virginia Code § 15.2-2311. This determination shall be final and unappealable if not appealed within 30 days.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of
Zoning Appeals, in accordance with Albemarle County Code 18-34.3, along with a fee of $295.36. This fee
includes the $284 application fee and the 4% Technology surcharge of $11.36. Additionally, a separate fee of
$448 is required for the cost of providing notice and advertising the appeal for a public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the Community
Development Department office located at 401 McIntire Road, Charlottesville, Virginia 22902, or online HERE.
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 filing an appeal to the Board of Zoning Appeals
are in Chapter 18, Section 34.3 of the Zoning Ordinance and may be reviewed HERE.
Please note that our online documents are in PDF format and must be viewed with a PDF reader. A link to
download a PDF reader of your choice is available at the bottom of the page HERE.
If you have any questions, please get in touch with me
Sincerely,
Francis H. MacCall
Chief of Zoning/Deputy Zoning Administrator
Attachments:
• Attachment A - Outlined history provided by the applicant
• Attachment B - Approval Letter for ZMA2007-023
• Attachment C - Map of Potential Additional Area for Scholar Residences
• ' Applicant narrative from ZMA2007-023/ZTA2007-006 (pg 31 of 95 with ZTA2009-016 file)
httr)s://Ifweb.albemarle.org/weblink/search.aspx?dbid=3&searchcommand=%7b%5bCDD-
Plannino%5d:%5bApplicationNumber%5d=%22ZTA200900016%22%7d
ATTACHMENT A
WILLIAMS 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
1
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
2
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
3
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
5r1SI1.111MI
4
ATTACHMENT B
� OF A�f
��RGIi3�P
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596 Fax (434) 972-4012
May 30, 2008
Valerie W. Long, Williams Mullen
321 East Main St, Suite 400
Charlottesville, VA 22902-3200
RE: ZTA2007-00006 Monticello Historic District
ZMA2007-00023 Montalto
TAX MAP/PARCEL: TMP 77-31; TMP 77-31B; TMP 78-25A
Dear Ms. Long:
On May 7, 2008, the Board of Supervisors approved the above referenced zoning text and
zoning map amendments. The rezoning from RA Rural Areas District to MHD Monticello
Historic District was approved in accordance the attached proffers dated April 21, 2008. An
application plan/plan of development dated March 27, 2008 (attached) was approved as part of
the rezoning. Please refer to these documents for any future applications and requests on this
property.
Please be advised that although the Albemarle County Board of Supervisors took action
on the projects noted above, no uses on the property as approved above may lawfully
begin until all applicable approvals have been received and conditions have been met.
This includes:
• compliance with applicable PROFFERS;
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above -noted action, please do not hesitate to
contact Sherri Proctor at 296-5832.
Sincerely,
V. Way
V. ayn Cilimberg
Director of Planning
Email Copy to: TesllGeaver; Chuck Proctor (VDOT); Steve Allshouse; Sherri Proctor;
Sarah Baldwin; Bruce Woodzell (Real Estate); Stewart Wright
Original Proffer: X
Amendment:
Proffer Statement
Montalto
Date: April 21, 2008
ZMA #: ZMA 2007-00023 Montalto
Tax Map and Parcel Numbers: 07700-00-00-03100, 07700-00-00-031B0,
& 07800-00-00-025AO
329.68 acres to be rezoned from RA (Rural Areas)
to MHD (Monticello Historic District)
TJF Realty, LLC, a Virginia limited liability company, is the fee simple owner (the
"Owner") of tax map parcels 07700-00-00-03100, 07700-00-00-031 BO, and 07800-00-00-
025A0 (collectively, the "Property"), which is the subject of zoning map amendment
application number ZMA 2007-00023 known as "Montalto."
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby
voluntarily proffers the conditions listed in this proffer statement, which shall be applied to
the Property if the rezoning is approved by Albemarle County. These conditions are
proffered as part of the rezoning and it is acknowledged that the conditions are reasonable.
This Proffer Statement shall relate to the two -page application plan entitled "Application
Plan - Montalto Zoning Map Amendment," prepared by Draper Aden Associates, dated
March 27, 2008 (the "Application Plan").
1. All outdoor lighting shall be arranged or shielded to reflect light away from the abutting
properties.
2. Vehicular access to the Property shall be controlled during peak events that require off -
site parking.
WITNESS the following signature:
TJF Realty, LLC
By: Thomas Jefferson Foundation, Inc., sole member
By:
aniel P. Jordan, PreskUt
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MONTALTO ZONING MAP AMENDMENT
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DATE
27MAR08
CHARLOTTESVILLE, VIRGINIA
NOTES:
1. All proposed locations for site
improvements/renovetions/expansions
are approximate and for Illustrative
purposes only.
2. This plan is part of the ZMA2007-23
rezoning application.
3. Datum: USGS
4. Topographic information from Louisa
Aerial Surveys, Mineral, VA, dated
10/26/98 and from Draper Aden
Associates survey completed in
December, 2006.
5. Boundary Information from plats of
record located in the county records
room and from county tax maps and
from Draper Aden Associates boundary
survey dated in April 12. 2004.
6. Existing zoning: Rural Area (RA)
Proposed zoning: Monticello Historic
District (MHD).
7. This site is not located withln a
reservoir watershed.
8. Based on FIRM numbers 51003CO289D
k 51003C0450D, this property Is in
Zone X. area determined to be outside
the 0.25 annual chance flood plain.
9. Plan includes the use of sewerage
systems as needed and as approved
by the Veginia Department of Health.
SCALE: 1"=" I FIGURE
PC Hearing
PLAN NO. C 416108 �w , AP-1
Attachment A
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FACILITIES SCHEDULE PARKING SCHEDULE use;';
MAIN HOUSE 10650 S0. FT. EXISTING 13 SPACES_ _ _ _ _ _
_ —
UPPER BARN 8100 SO. FT. PROPOSED 69 SPACES --\ -- — — — GRAP,FHC SCAY,C:
TOWER 2600 SO. FT. _ _ _ — — — EXISTING ENTRANCE' _ too_ _ o
_ _ - _ _ _ _ROJIV TO REMAIN-
LOWER BARN 5000 SO. FT. �. -----_ ��� --_( IN FM 1 ��
NOTE: AREAS (SQ. FT.) LISTED ARE APPROXIMATE. --- \` -- \1 f.ch = 100 rt-�
Q Draper Aden Associates DESIGNED DAA APPLICATION PLAN SCALE: 1" = 100' FIGUP-
�/� s.tl...N.e' S.rvgi.e• ee.o-o.m...mse.�., DRAWN GCJ
'���.�. CHECKED Jws MONTALTO ZONING MAP AMENDMENT
100 H.M.H.m. S. . WU E
Ch.M W,VAP2803 Rtle VA DATE 27MAR08 CHARLOTTESVILLE, VIRGINIA PLAN NO. CV04110-06 AP-2
434285 M Fax 4M-2 210 elm Awl., VA
ATTACHMENT C
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FACILITIES SCHEDULE PARKING SCHEDULE \ 9611
MAIN HOUSE 10650 SO_ FT_ FXISTING 13 SPACFS
Potential Additional Area for
Scholar Residences