HomeMy WebLinkAboutLOD200600017 Letter of Determination 2006-05-30COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 30, 2006
Evan Williams
Project Architect
Daggett and Grigg Architects
100 10th Street NE, Suite 200
Charlottesville, VA 22902
Re: Zoning Determination of Use — Region Ten Wellness Recovery Program
(TM 76, Parcel 46F)
Dear Mr. Williams:
This zoning determination of use is in response to your letter to me of May 9th. It is my opinion
that the proposed Region Ten Wellness Recovery Program involving overnight stays is a
"hospital" under the Albemarle County Zoning Ordinance. It is my further opinion that this use is
permitted on this property under the prior approval for a "hospital' with Special Use Permit #88-
79. Therefore, the Wellness Recovery Program proposed by Region Ten does not necessitate
approval of a special use permit. It will require approval of a site plan amendment and a building
permit.
I do not concur with your suggestion that this use is a residential boarding house. It is my
opinion that this proposed use constitutes a hospital. A hospital is defined in Section 3.0 of the
Albemarle County Zoning Ordinance as:
Hospital. A building or group of buildings designed, used or intended to be used, for the
care of the sick, aged or infirmed, including the care of mental, drug -addiction or alcoholic cases.
This terminology shall include, but not be limited to, sanitariums, nursing homes and
convalescent homes.
This property, tax map 76 parcel 46F, is zoned CO, commercial office. There is zoning history of
a rezoning (ZMA 88-15) and three special use permits (SP 88-79, SP 95-16 and SP 02-41) on
this property. The first special use permit, SP 88-79, allowed a hospital with 140 beds. It was
authorized under the Zoning Ordinance section listed below:
23.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board
of supervisors pursuant to section 31.2.4:
Region Ten Wellness Recovery Program
May 30, 2006
Page 2
This use (hospital) was commenced on this property in accordance with the Zoning Ordinance
timelines. While there were two later special use permits, neither action invalidated this prior
special use permit. Therefore, a hospital in accordance with the approval of SP 88-79 remains a
valid permitted use on this property. I have reviewed your description of the hospital proposed
by Region Ten and find that it complies with the conditions of the special use permit approval for
a hospital on this property.
The next step towards commencing the proposed use is to revise the site plan to list this use
and the required parking. I will need information from you with a proposed parking standard for
the hospital use. The Zoning Ordinance parking standard for a hospital is listed below:
hospital. The number of required spaces shall be determined by the zoning administrator.
In making the determination, the zoning administrator shall consider the
recommendations in the parking study, traffic generation figures either known to the
industry or estimated by the Institute of Transportation Engineers, peak parking
demands, and other relevant information. (Amended 2-5-03)
Once the revised site plan is approved, you may apply for the building permit. Because this is
an additional use of the property, I suggest that Region Ten also apply for a revised zoning
clearance. That may be done in conjunction with the building permit and certificate of
occupancy with no additional fee.
If you have any further questions, please do not hesitate to contact me. If you are aggrieved by
this determination, you have a right to appeal it within thirty (30) days of the date notice of this
determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do
not file a timely appeal, this determination shall be final and unappealable. An appeal shall be
taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice. of
appeal which specifies the grounds for the appeal. An appeal application must be completed
and filed along with the fee of $120. The date notice of this determination was given is the same
as the date of this letter.
Sincerely,
J�9�t
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
Cc: Region Ten Community Services Board, Inc.
800 Preston Avenue
Charlottesville, VA 22903
Bill Fritz, Chief of Planning
Carolyn Savina, Zoning Technician
Reading File TM 76, Parcel 46F