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Home My WebLink AboutLOD202200002 Letter of Determination 2022-08-19�~ OF 1Lg is County of Albemarle COMMUNITY DEVELOPMENT ��BGIN�P August 19, 2022 Valerie Long Williams Mullen vloneCa)wi I I iamsmu I len.com cc: Gary Selmeczi, Westminster Canterbury of the Blue Ridge Michael Matthews, Matthews Development Company LEA BRUMFIELD Senior Planner II, Zoning I bru mfi a IdRal bema rle.ora tel: 434-296-5832 ext. 3023 RE: Request for Official Letterof Determination — Westminster Canterbury of the Blue Ridge (TMP 78- 55A6) Ms. Long: In response to your request for a determination regarding a proposal to add new buildings on its property located at 250 Pantops Mountain Road and identified as tax map parcel 78- 55A6 ( the "Property"), I have consulted with the Zoning Administrator and the County Attorney. You requested confirmation of the following: 1. The location of the proposed new buildings and their uses as shown on Attachment 6 are permitted by right. 2. Because approved condition # 1 of ZMA 1997- 003 ( and condition # 1 of ZMA 1999- 09) states that "The Application Plan shall be considered as conceptual only in terms of site layout of features such as building footprint, building location and road alignment," and the Application Plan states that " Building, building location and parking are schematic only," the Application Plan does not regulate the location of buildings within the Property or the uses in specific buildings, provided that any proposed use is listed on the Application Plan, such that future additional buildings can be constructed by -right on the Property in locations desired by the Owner, provided the proposed use is listed on the Application Plan. This determination is subject to condition # 3 of ZMA 1997- 003 ( and condition # 3 of ZMA 1999- 09), which prohibits the location of any buildings within the wooded area shown on the Application Plan for passive recreation usage, and specifically requires that area to be maintained in a natural state except for trail and related improvements as depicted generally on the Application Plan, and that the area shall not be subject to general building development' 3. The limitations on the approved Application Plan do not regulate or limit the number of residential units or health care beds permitted on the Property, such regulations only apply to parking. My findings are outlined below. Location of urouosed new buildings and uses Condition 1 of the ZMA 1999-09 approval describes the approved uses as "Approval shall be for uses and limitation as specified in PROJECT DATA on the ZMA 97-03 Application Plan." The approved Application Plan, as provided with the application for this Letter of Determination, lists the following uses under"PROJECT DATA": cottages, home for adults, health center, community center, independent living apartments, duplex cottages, single family villas, fitness center, catered living, dementia households, senior service center, and office. As shown on the Updated Master Plan prepared by Kahler Slater, dated March 8, 2022, the uses proposed include residential cottages, apartments, health care, assisted living, an adult daycare and associated public uses, and amenities for use by the residents of the facility. WWW.ALBEMARLE.ORG 401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596 As described in the 2019 Letter of Determination, the proposed adult daycare and associated public uses, described on the Updated Master Plan as "new public use," is permitted under the approved community center use described in the 1997 Application Plan. The other uses listed on the Updated Master Plan are directly listed on the 1997 Application Plan, and as a result, all of the uses shown on the Updated Master Plan are permitted at the Property. Additionally, per the same Condition 1 of ZMA 1999-09, "The Application Plan shall be considered as conceptual only in terms of site layout of features such as building footprint, building location, and road alignment." Per this condition, the layout and building locations shown on the Application Plan are conceptual only, and there is no restriction on the building layout or footprints of buildings, excepting the square footage limitations on professional office uses in Condition 2 of the ZMA approval, and the restriction on building within a preserved wooded area as described in Condition 3 of the ZMA approval. As the Updated Master Plan, dated March 8, 2022, does not show any buildings encroaching on the preserved wooded area shown on the 1997 Application Plan, does not show professional office uses exceeding the 90,000 square feet limitation, and shows only uses listed under PROJECT DATA on the 1997 Application Plan, or equivalent uses to the uses listed under PROJECT DATA on the 1997 Application Plan, the proposed new buildings and their uses as shown on Attachment 6 are permitted by right. Accordingly, this confirms that the 1997 Application Plan does not regulate the location of buildings within the Property or the uses in specific buildings, provided that any proposed use is listed on the Application Plan. Both building footprint and location of future buildings may be constructed in locations as desired by the Owner, provided the proposed uses are listed on the Application Plan and do not encroach upon the wooded area shown on the 1997 Application Plan as reserved for passive recreation use. Parkine Reauirements oer Unit Tvoe and Use The approval conditions of ZMA 1999-09 include the language "Approval shall be for uses and limitations as specified in PROJECT DATA on the ZMA 97-03 Application Plan." The uses listed are: cottages, home for adults, health center, community center, independent living apartments, duplex cottages, single family villas, fitness center, catered living, dementia households, senior service center, and office. These listed uses are the only permitted uses on the Property. The number of conceptual residential units shown on the approved 1997 Application Plan is less than the number of residential units approved on the consolidated/as-built site plan SDP 2017-15, prepared by WW Associates and dated 2-23- 17. Therefore, the parking calculations listed under PROJECT DATA as shown on the approved 1997 Application Plan do not regulate or limit the number of residential units or health care beds permitted on the Property; however, it does regulate the minimum number of parking spaces ("SPACES PER UNIT") for the approved uses. Conclusion The three requests in the applicant's Request for a Letter of Determination are confirmed as follows 1. The location of the proposed new buildings and their uses as shown on Attachment 6, Update Master Plan dated March 8, 2022 prepared by Kahler Slater as provided by the applicant, are confirmed to be permitted by -right. 2. Future additional buildings may be constructed by -right on the Property in locations desired by the Owner, provided the proposed use is listed on the approved 1997 Application Plan, and such buildings do not encroach upon the wooded area shown on the--1997 Application Plan for passive recreational use. 3. The parking calculations shown on the approved 1997 Application Plan do not regulate or limit the number of residential units or health care beds permitted on the Property. The parking calculations only provide the minimum spaces per unit required for the approved uses. However, other limitations do apply as stated in the approved proffers for ZMA 1999-09. 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 will be final and unappealable if not appealed within 30 days. WWW.ALBEMARLE.ORG 401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596 An appeal may betaken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 18-34.3 of the Zoning Ordinance, along with a fee of $295.36 plus the actual cost of advertising the appeal for 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 at https://www.a lbemarle.org/government/com mu n ity-development/apply-for/letter-of-determination-or-zon i ng- compliance. 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 Zoning Ordinance. They may be reviewed online at https://www.albemarle.org/government/community- d eve l o p m e nt/advisory-boa rd s/board -of-zoning-appeals. If you have any questions, please contact me. Sincerely, 017 Lea H. Brumfield Senior Planner 11, Designee of the Zoning Administrator Albemarle County 401 McIntire Road, Charlottesville, VA 22902 lbrumfield@albemarle.org Copy: Bart Svoboda, Zoning Administrator; Francis MacCal I, Deputy Zoning Administrator; Andy Herrick, Deputy County Attorney WWW.ALBEMARLE.ORG 401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596