HomeMy WebLinkAboutLOD201100001 Letter of Determination 2014-02-26COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
March 7, 2011
Mr. Kirk Hughes, L. S., Principal
Kirk Hughes & Associates
220 East High Street
Charlottesville, Virginia 22902
Re: OFFICIAL DETERMINATION OF DENSITY
Barracks West Townhouses (formerly Old Salem Apartments)
Barracks Road, approximately one-third mile west of Georgetown Road
Dear Mr. Hughes
This letter is a determination of whether the proposal to subdivide the townhouse units
in this development, providing each of them with their own lots, will affect the non-
conforming density of the project.
It is my determination, after careful review of your proposal, your letter of January
7, 2011 and pertinent sections of the Albemarle County Zoning Ordinance that the
proposed subdivision of the townhouse units of the Barracks West development
will not change the overall density of the Barracks West development, which is
currently 19.82 dwelling units per acre, and will not make the development more
non -conforming. This determination is based on the definition of "Residential
Density (Gross)" in the Albemarle County Zoning Ordinance which defines this as
"The total number of dwelling units within a development divided by the gross
residential area and expressed in dwelling units per acre." This is also based on
the understanding that all open space in the development shall be dedicated so
as not to be further divided for additional units or sale, removing it from the
",development", and that the total area of the entire Barracks West development
remain in full and not be reduced.
The Albemarle County Zoning Ordinance does not define "development". However, the
Webster's Third International Dictionary defines "development" as: "A developed tract of
land ... a subdivision...". Furthermore, it is noted that the Barracks West Development
has been "subdivided" previously into condominium units which also had no affect on
the overall density of the development.
If you are aggrieved by this determination, you have a right to appeal it within thirty
(30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not
Mr. Kirk Hughes
March 3, 2011
Page 2
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.org/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.)
Vy,
,AICP
Chief of Zoning/Deputy Zoning Administrator