HomeMy WebLinkAboutLZC201200020 Review CommentsJ$
U �6fi6
GIN�P
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832
June 1, 2012
Ms. Samantha Connelly
Land Use Planner
McGuireWoods LLP
901 East Cary Street
Richmond, VA 23219
Fax (434) 972 -4126
RE: Letter of Zoning Compliance LZC201200020
Tax Map 78, Parcel 55A6 — 250 Pantops Mtn. Rd. (the "Property ")
Westminster Canterbury of the Blue Ridge — Owner
Dear Ms. Connelly:
At your request we have examined our records with respect to that certain land and
improvements, existing and proposed, thereon located at 250 Pantops Mountain
Road in Albemarle County, Virginia, identified as Tax ID No. 70800- 00- 00 -055A6
(the "Property "), please be advised of the following:
The Property is zoned Planned Residential Development (PRD), last
approved by the Board of Supervisors on August 13, 1997, with conditions
and modifications (see attached approval letter for ZMA199700003).
According to the County's records, the Property consists of 55.79. The PRD
zoning district permits the retirement community use as a matter of right
without the necessity of obtaining conditional or special use permit, variance,
special exception or other authorization for that use. The parking deck is
permitted by special use permit SP201000023, approved by the Board of
Supervisors on April 6, 2011 without conditions.
■ The property is recognized as one or more separate parcels of land under
applicable subdivision laws and ordinances, may be conveyed, leased, or
mortgaged as one or more separate parcels and currently complies with such
subdivision laws and ordinances.
Westminster Canterbury 2 June 1, 2012
To the best of my knowledge, the current use of the Property complies with all
applicable zoning laws and ordinances including setback and parking
requirements.
■ There are no outstanding zoning violations on the Property, and there are no
pending administrative, legislative or judicial proceedings which would in any
manner affect the status of the current zoning.
■ To the best of my knowledge, the existing and proposed use of the Property
as described herein complies or will comply with all applicable requirements
of the zoning ordinance of the County of Albemarle, Virginia. There are no
current or active violations or proceedings to challenge the zoning or
approvals of the Property pending.
Please contact me if you have questions or require additional information.
Sincerely
R aid L. Higgins, AICP
Chief of Zoning/ Deputy Zoning Administrator
Attachments: - ZMA199700003- August 7, 1997 Approval Letter, conditions and
attachments with Application Master Plan.
-GIS map of Property.
-GIS Zoning map of Property.
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, Virginia 22902.4596
(804) 296.5823
August 7, 1997
Michael Matthews
Brinkman Management & Develoment Corp
210 East High St
Charlotesville, VA 22902
RE. ZMA -97 -03 Westminister Canterbury of the Blue Ridge
Dear Mr. Matthews:
The Albemarle County Planning Commission, at its meeting on August 5, 1997, unanimously
recommended approval of the above -noted petition to the Board of Supervisors. Please note that
this approval subject to the following conditions and modifications as provided by 8.5.4 (d) of the
zoning ordinance,
1. Special use permit approval for the retirement community (as distinguished from
professional offices) shall not expire but shall remain in effect so long as approval of
ZMA -97 -03 remains in effect. 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. Approval shall be for uses and limitations as specified in PROJECT DATA on
the Application Plan. Setbacks from internal roads and other vehicular areas shall
maintain sight distances as determined by the Department of Engineering and Public
Works. Perimeter setbacks and yard requirements from abutting residentially zoned
properties shall not be less than required for such abutting properties.
2. Special use permit approval for professional offices shall be valid for a period not to
exceed five (5) years to commencement of construction. For the purpose of this
condition, "commencement of construction" shall be construed to mean the
commencement of construction of the office building(s). Gross floor area of the
professional office building(s) shall not exceed 15,000 square feet, Professional office
usage is restricted to Tax Map 79, parcel 55A as depicted in Attachment C of this report.
age
August 7, 1997
Minimum setbacks for building and parking from Rte. 250 and external residential areas
shall comply with section 21.0 of the Zoning Ordinance,
3. The wooded area on the Application Plan shown for passive recreation usage shall be
maintained in a natural state except for trail and related improvements as depicted
generally on the Application Plan. This area shall not be subject to 'general building
development. ,
4. Access easement shall be provided to Tax Map 78, parcel 55A5 (residue) and Tax Map
78, parcel 55A1 as depicted on Attachment C of this report. WCBR will not be required
to participate in construction of any such access. At time of development of those
properties; maintenance agreements as required by the private roads regulations of the
subdivision ordinance shall negotiated by the owners of TM 78, Parcel 55A5 and TM 78,
Parcel 55A51 and WCBR.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on Autrust 13, 1997, Any new or additional
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior to your scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
Ronald S. Keeler
Chief of Planning
RSK/jcf
cc: Ella Carey Amelia McCulley
Hank Hinnant Jack Kelsey
A: I ZMA 9 703.RPT
r",
F i
- _ -- - -_ - - - - - - -- -- - - - - ... - -
August 13, 1997 (Regular - - Night Meeting) 000282
(Page 17)
approval of the Rural Preservation Development approved in accord
with this permit on the Preservation Tract.
Agenda Item No, 12. ZMA -97 -3. Westminster Canterbury of the Blue Ridge
(Sign #87). PUBLIC HEARING on a request to rezone + 38.2 acs from R -10
[TM78,P55A, 7.651 ace) & R -1 & R -6 [TM78,PCISSSA4 (pt of) &55A5 (pt of)J to
allow for expansion of estab retirement community [TM78,Pcls 55A6, 28.39 acs)
& allow professional offices. Located on N side of Rt 250E extending from Rt
250 E to Ashcroft PRO. (Properties in Neighborhood 3 of Urban Area & recom-
mended for Neighborhood & Urban Residential densities in Comp Plan.) Rivanna
Dist. (Advertised in the Daily Progress on July 28 and August 4, 1997.)
Mr. Cilimberg summarized the staff's report, which is on file in the
Clerk's office and a permanent part of the record. Staff opinion is that the
proposed expansion of Westminster - Canterbury of the Blue Ridge generally
satisfies the requirements as to findings by the Commission under Sections
8.5.4 and 19.5.2 together with the criteria for issuance of special use permit
(31.2.4.1) of the Zoning Ordinance. Staff recommends approval subject to
conditions.
Mr. Cilimberg said the Planning Commission, at its meeting on August 5,
1997, unanimously recommended approval of ZMA- 97 -03. This approval is subject
to four conditions and modifications as provided by Section 8.5.4(d) of the
Zoning Ordinance.
Mrs, Humphris opened the public hearing.
Mr, C. Henry Hennett, III, President and CEO of Westminster Canterbury
of the Blue Ridge, and Mr. Mike Matthews, President of Brinkman Management and
Development Corporation, were present.
Mr. Matthews said he appreciated the interaction with staff. The
retirement center is full and has a waiting list, so there is a need to
expand. The company has met with the Ashcroft and Glenarchy neighborhoods.
Mr. Bennett said Westminster Canterbury is an extension of Episocopal
and Presbyterian churches in the area. The current facility is one half of
the originally proposed size. Retirement communities are full, with people
moving to the area because of its beauty. The company will hire people from
the welfare rolls without impacting school systems and other commodities.
Being cognizant of the visual impact on the community,,the company chose
natural colors when designing the facility. They have acquired acreage behind
them so that the taller buildings will not be visible from the highway. There
is a planned senior services building to offer adult and child day care center
to the community in the future.
There being no one else present to speak, the Chairman closed the public
hearing.
Mr. Marshall moved, seconded by Ms. Thomas, to approve ZMA -97 -3 subject
to the conditions and modifications as provided by 5B.5.4(d) of the Zoning
Ordinance, as recommended by the Planning Commission. Roll was called and the
motion carried by the following recorded vote:
AYES: Mrs. Humphris, Mr. Marshall, Mr. Perkins, Mrs. Thomas and Mr. Bowerman.
NAYS: None.
ABSENT: Mr. Martin —
(The conditions are set out below:)
1. Special use permit approval for the retirement community (as
distinguished from professional offices) shall not expire but
shall remain in effect so long as approval of ZMA -97 -03 remains in
effect. The Application Plan shall be considered as conceptual
only in terms of site layout of features such as building foot-
print, building location and road alignment. Approval shall be
for uses and limitations as specified in PROJECT DATA on the
Application Plan. Setbacks from internal roads and other vehicu-
lar areas shall maintain sight distances as determined by the
Department of Engineering and Public Works. Perimeter setbacks
0®0283
August 13, 1997 (Regular Night Meeting)
(Page 18)
and yard requirements from abutting residentially zoned properties
shall not be less than required for such abutting properties;
2. Special use permit approval for professional offices shall be
valid fbr a period not to exceed five (5) years to commencement of
construction. For the purpose of this condition, "commencement of
construction" shall be construed to mean the commencement of
construction of the office building(s). Gross floor area of the
professional office building(s) shall not exceed 15,000 square
feet. Professional office usage is restricted to Tax Map 78,
parcel 55A as depicted in Attachment C of this report. Minimum
setbacks for building and parking from Rt 250 and external resi-
dential areas shall comply with section 21.0 of the Zoning
Ordinaance;
3. The wooded area on the Application Plan shown for passive recre-
ation usage shall be maintained in a natural state except for
trail and related improvements as depicted generally on the
Application Plan. This area shall not be subject to general
building develoment;
4. Access easement shall be provided to Tax Map 78, parcel 55A5
(residue) and Tax Map 78, parcel 55A1 as depicted on Attachment C
of this report. WCBR will not be required to participate in
construciton of any such access. At time of development of those
properties, maintenance agreements as reequired by the private
roads regulations of the subdivision ordinance shall be negotiated
bby the owners of TM 78, Parcel 55A5 and TM 78, Parcel 55A51 and
WCBR.
Agenda Item No. 13. PUBLIC HEARING on an Ordinance to amend and reord-
ain Section 2.1 -4, of Chapter 2.1, Agricultural & Forestal Districts, of the
Albemarle County Code, in subsection (e) known as the "Keswick Agricultural
and Forestal District" by the add of 4 parcels, totaling 190.872 acs.
TM64,Pcls1011 & TM81,Pclsl5B &15A6. Two pcls located on W side of Louisa Rd (Rt
22) & 2 pcls located at end of Clark's Tract Rd (Rt 648). Rivanna Dist.
(Advertised in the Daily Progress July 28 and August 4, 1997.)
Mr. Cilimberg summarized the staff's report, which is on file in the
Clerk's office and a permanent part of the record. Staff recommends approval.
The Agricultural /Forestal District Advisory Committee, at its meeting on June
23, 1997, recommended approval of the addition as submitted.
Mr. Cilimberg said the Planning Commission, at its meeting,.on July 15,
1997, unanimously recommended approval of the request to add four parcels
described as Tax Map 64, Parcels 10 and 11; Tax Map 81, Parcels 15A6 and 15B.
Two parcels are located at the end of State Route 648 (Clark's Tract Road).
Two parcel are located on the west side of Route 22. The proposed addition
contains approximately 190.872 acres.
Mrs. Humphris opened the public hearing. There being no one present to
speak, the public hearing was closed.
Mrs. Thomas asked if a letter of appreciation would be sent to people
adding acreage to the district. Mr. Cilimberg said Ms. Mary Jo Scala works
with them closely and lets them know the County appreciates their.'participa-
tion. Mrs, Thomas suggested staff send such letters.
Motion was offered by Mr. Perkins, seconded by Mrs. Thomas to adopt the
ordinance as presented. Roll was called and the motion carried by the
following recorded vote:
AYES: Mrs, Humphris, Mr. Marshall, Mr. Perkins, Mrs. Thomas and Mr. Bowerman.
NAYS: None.
ABSENT: Mr. Martin.
(The Ordinance is set out below:)
iiiiiiii; N I
11P,
101
9;.-. h IT 11!
I ATTACHMENT C I I
171 02 fi0. 66 _ 113 92 N7J'2...'E
- -209 9t 2099. ]29 77 H52'.5 SJ FF
C5 52__09 11 �— 100.00 t6 94 91 07_ .73'56 15M
I Id 70A
' ASI iC(lOF T
1129.76 —• ^J
_ �.. •• - � -^- B] 26 � y v1urIN1. PU'fP P /-- =�_ -�„�. - _
1
T, M. 78 N PARCEL ,X
PAR 55A4 2A sBi JCRES
@
2.i131C
-5 511 AC
-22 626 AC 7 III'��y"5
(NEW TOTAL): �r
Nfl'S7 36� .11.1 1y1
;I•N
YD 7,(]. : Pp / 700.00'
N77'17'OV' M
Wy rPa Nf];?.a.
ry m=+ I/
55
ICI
co
Y
78
hU7
An
1
e�oo
1
T.M.
PAR 55A6
X:
'¢
1
25.707 AC
r IL
'25.517 AC
.5. 413 AC'!
'
•55.787 AC
a
�1
)NEN TOTAL)
1
LIT
i (C
T.M 76
s (\
I
9 1
PAq 555
' 0
/ ♦
I
�.
-
N.9 'O]
10.2
H11' 17 37'.
47
97,30
U.S, RT.
250 N]3'79']1'N Ni19CS99 .
L 9.
SUBDIVISION PLAT
SHOWING
PARCELS
"X" 6 "Y" BEING
PORTIONS OF
PARCELS 55A4 6 55A5 AS
SHOWN ON SHEET 78
COUNTY TAX
MAPS
:ALE. I' 200'
ALBEMARLE COUNTY.
VIRGINIA FEBRUARY 6. 7997
B. AUBREY HUFFMAN & ASSOCIATES. LTD. ✓,,,hl
ZMA 199 1 - 003
This record is missing the following:
Section of Zoning Ordinance
Attachment in file at Albemarle County Zoning & Current Development Office
Reference another ZMA
Cover Letter
Other
For assistance, please contact Sarah Baldwin at sbaldwin(@albemarle.org or (434) 296 -5832
0-40 5-\ 78 61"
78-7
16 .'\ , 1 5
s -\ 9T o -4
4(g
co
WA -4 W/- e, A� c
co
IS)
CD
C04
�ORRED \ -4 co (A K)
90
AyN
-4
00
?o
OF
-4
co
T
io
W
`99 -4
Co
-4 co
00
0.
S%S X, co
CP
co co
-4
00
IF 6
> ;>
44
>
slir )v
)IN, 'OL'7
C� 00
6
0
G1
R S21
g
b
a 5 9'
-4
CM
co
-4
co
:6
L
�4 -4
00
Co P W
0-
-4 - " " L' -
> j;t
o -4
co
-4 >
co
Q
° %� ---
Of v c
L 'COO,
%-01 0 c
78A-01--9
78.''91--10 178A"01- 8
0 9
HH-Mflfl! (D
O
CD
2.1
N.
A>
Z
N I_Td
N
ter, 'N®R &f c2JAG; bbp ap�
ao
0, _m�
eQ
4 ZA
WN7
v 2
Z5
0
00
co ehoW,410%. 4. elm—,
rrr
N�zKgwg'—AKL ip, cp o �gg
-4 ��oz
IN 0 1
rl
co
H /CKMAIVS '' '�a�����tu' �^�v�� t�.�F � - -- - ��w \ ` V U ``��yeo .��q "
BRA
5Zall KIN?
N
41,
'Go co
S "N
o 0
" -4
IN
4 NI,
Cf)
q. "
-4 00
-4 4ho
co I I , 001
'!4
`,v ^,d0 � 7 � t, °b'a r 4. ��ia a -� V v?�ICi a y,�.. ,, A "!,�' � �W
71
CD
i"NIffi
"'S"I CD
42, 1-jin E."
I'll
X16
3 o