HomeMy WebLinkAboutLOD201200007 Letter of Determination 2012-08-31COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 23, 2012
Peter J. Caramanis
Scott / Kroner, PLC
Attorneys at Law
P.O. Box 2737
Charlottesville, VA 22902
Re: Zoning Use Determination and Comprehensive Plan Compliance Determination —
Morven (LOD 2012-007 on TM 91, Parcels 21 and 21 B)
Dear Mr. Caramanis,
This determination is rendered in response to your letter of determination application with letter
dated June 22"d. The subject property, tax map 91 parcels 21 and 21 B, is owned by the
University of Virginia Foundation. You have asked that we find that the uses outlined are
permitted as a public use per the Albemarle County Zoning Ordinance. You have further asked
that these uses for this property be found consistent with the compliance with the
comprehensive plan finding with CCP 2008-03 Morven Meeting Barn.
1. Zoning Determination as to Use:
Your request specifies four (4) categories of use that should be covered by this determination:
1) uses directly involving the University which are academic in nature as well as those which are
for other than academic purposes; 2) uses involving other public / governmental entities; 3) uses
involving non-public, non-profit or educational entities, and 4) uses involving non-public,
business entities. You have stated further that some of these uses involve the payment of a fee
for the use of the facilities and that some may involve temporary, overnight stays by guests on
the property. By your description, the uses within the first category (shown in bold) currently do
and shall continue to constitute the majority of use on the property as measured in frequency
and intensity of use.
For the use determination, I referred to this language in the Zoning Ordinance:
• The use category for public uses allowed in every zoning district by -right, states in part:
"Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies..."
The definition as found within Section 3.0 for Accessory Use, Building or Structure:
A subordinate use, building or structure customarily incidental to and located
upon the same lot occupied by the primary use, building, or structure, and
located upon land zoned to allow the primary use, building or structure; provided
that a subordinate use, building or structure customarily incidental to a primary
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Zoning Use Determination and Comprehensive Plan Compliance Determination
August 23, 2012
farm use, building or structure need not be located upon the same lot occupied
by the primary farm use, building, or structure. (Amended 10-9-02, 5-5-10)
While the terms "public use" and "primary use" are not defined in the Zoning Ordinance, the
other defined terms, use categories and discussions are instructive in rendering a determination
regarding a primary public use.
By your description, the primary or majority activity on the subject property directly involves the
University. As a state institution devoted to public education, this use by the University of
Virginia is a public use. Use of the property by public and/or governmental entities also
constitutes public use.
The remaining two categories, a) uses involving non-public, non-profit or educational entities,
and b) uses involving non-public, business entities, can be considered accessory use of the
property. To qualify as an accessory use, the use must be customary and incidental or
subordinate.
In general, a use that is customarily incidental to the primary use implies that the use flows from,
naturally derives or follows as a logical consequence of, or is a normal and expected offshoot
from the primary use. To consider customary incidental uses of public facilities, I reviewed the
information you provided about UVA's Alumni Hall, John Paul Jones Arena, Colonnade Club
and Chapel as well as Ash Lawn -Highland and PVCC's V. Earl Dickinson Building. In addition, I
researched facility rental policies for James Madison University, Virginia Tech and William and
Mary as well as those for the County of Albemarle's facilities. While activities by the primary
public entity are given priority, in each case facilities are also available for use by private entities
and individuals. Based on this assessment, I find that the proposed uses are customarily
incidental to the primary uses.
A landowner claiming that a use is accessory must first demonstrate that the use is subordinate
to an identified primary use. The term subordinate is defined by Webster's Dictionary to mean
"placed in or occupying a lower class or rank: inferior." A subordinate use incorporates the
requirement that the accessory use be minor in relation to the permitted primary use. The use
cannot be simply a different, alternative or additional use. As currently described, the private or
non-public uses will be less frequent and less intensive than use by UVA and other public
entities. This determination is based on this assertion in your.letter and could change if the
activities depart significantly from what is described in the submittal letter.
Planning Determination as to Compliance with the Comprehensive Plan
On January 6, 2008, the Planning Commission approved CCP 2008-003 Morven
Meeting Barn subject to three conditions. Of these, condition #2 refers to a
transportation management plan. You have confirmed via email that no new
improvements are proposed at this time and that the transportation management plan
can be met. Based on this, it is the Planning Director's position that the anticipated
events as described in your letter do not require new Comprehensive Plan review and
approval under Virginia Code § 15.2-2232.
If new improvements are proposed and/or future events change or depart significantly in
character, intensity or frequency from that which you described, please consult us for further
consideration on both issues. If you are aggrieved by this determination, you have a right to
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Zoning Use Determination and Comprehensive Plan Compliance Determination
August 23, 2012
appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If
you do not file a timely appeal, this determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and
the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a
fee of $240 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 www.albemarle.orq/cdapps. 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
www.albemarle.org/countycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available
at the bottom of www.albemarle.org/cdapps.)
Sincerely,
J
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
V W
V. Wayne Cilimberg
Director of Planning