HomeMy WebLinkAboutAP202200003 Justification 2022-10-27October 26, 2022
Board of Zoning Appeals
County of Albemarle
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902
RE: APPEAL OF LOD2022-00005 - Berkmar Flats, Permitted Bonus Density
This is an appeal of LOD2022-00005, an official determination regarding the use of bonus factors,
provided for in Chapter 18, Article I, Section 2.4 of the Albemarle County Code, on tax parcels 04500-
00-00-00810, 04500-00-00-00820, and 04500-00-00-0082A in the Rio Magisterial District of Albemarle
County (collectively, the "Property).
Shimp Engineering, P.C., on behalf of the Property owner, Third Mesa LLC (the "Owner") submitted a
request for official determination that bonus factors may be utilized on property designated as
Office/R&D/Flex/Light Industrial in the Places29 Master Plan (see attachment A — `Berkmar Flats
Request for Official Determination' dated April 27, 2022).
In response to that request, LOD2022-00005 found that, "Master Plan Land Use Table LU2 does not
establish a recommended density for residential uses within areas designated for 0ffice1R&D/F1ex1Light
Industrial, only that residential is permitted as a secondary use. As a result, Section 2.4.1 does not permit
the application of bonus factors on the Property, as the Master Plan does not have a recommended
residential densityfor the Qfflce/R&D/Flex/Light Industrial land use designation. The Property may
develop by -right at the gross density -standard level. "
APPEAL:
The finding that "Section 2.4.1 does not permit the application of bonus factors on the Property, as the
Master Plan does not have a recommended residential density for the OfficeIR&DIFlex/Light Industrial
land use designation " is in error because the use of bonus factors on the Property would not exceed the
recommended density shown in the comprehensive plan, as permitted in Section 2.4.1 (a), as there is no
maximum density affiliated with the Office/R&D/Flex/Light Industrial land use designation and therefore
it cannot be exceeded.
Section 2.4.1 states, "Bonus factors will be applied to the gross density -standard level in accordance with
the regulations of the applicable district, except that (a) the resulting density shall not exceed the
recommended density shown in the comprehensive plan and (b) the cumulative effect of all densityfactors
may not exceed 50 percent. " Section 2.4.1 is written such that bonus factors may be utilized on properties
where there is no maximum density recommendation in the comprehensive plan, permitted by Section
2.4.1(a), and Section 2.4.1(b) provides assurance that density bonuses utilized will not result in a
development inconsistent with the land use recommendations in the comprehensive plan and the intent of
the underlying zoning district, by limiting the cumulative effect of all density factors to 50 percent.
Since there is no maximum density affiliated with the land use designation on the Property, it obviously
cannot be exceeded. The "no maximum" density allowance in the Office/R&D/Flex/Light Industrial land
use designation of the Places29 Master Plan has been previously evaluated by Albemarle County Staff in
the Staff Report for ZMA2020-00011, where it is noted there is "no maximum density" affiliated with
that land use designation (see Attachment B "ZMA2020-11 Staff Report" pages 1, 3, 6, 7). Again since
there is no specific density range with an upper limit defined in the comprehensive plan, it cannot be
exceeded.
The use of bonus factors on the Property is in conformance with Section 2.4.1(a) and as such, the use of
bonus factors on the Property should be permitted.
Attachments:
A — Berkmar Flats Request for Official Determination prepared by Shimp Engineering, P.C. dated April
27.2022
B — ZMA2020-11 Staff Report 2020-12-15