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Home My WebLink AboutLOD200900011 Letter of Determination 2009-09-17OF,_}A_LB��`P, U®ulu t�1 �'IRGINZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 April 7, 2009 Michael D. Stoneking Stoneking / von Storch Architects P.O. Box 1332 Charlottesville, VA 22902 Re: Virginia Polo Center at Forest Lodge Drive (TM 90 Parcel 6A) — Determination about Proposed Clubhouse Use {SP 80-171 Dear Michael: This letter is in response to yours dated March 25th describing a proposed new clubhouse. It is my opinion that this proposed use is permitted as an accessory use to the Virginia Polo Center. It is my further opinion that the clubhouse as described, may be built without the amendment of the current special use permit. A site plan amendment will be necessary prior to the issuance of the building permit for this use. This zoning determination has been made in consultation with the Planning Director and the Deputy County Attorney. This determination is made after reviewing the existing special use permit, the description of the proposed use and after considering other relevant zoning decisions. I will explain the decision more fully in the proceeding to better document the research and justification for our record. Special Use Permit 80-17 was approved by the Board of Supervisors on June 18, 1980 subject to six (6) conditions of approval. This approval allowed a polo facility use on what was then Tax Map 90 Parcel 6. Parcel 6 at that time was a much larger parcel that was later subdivided such that the portion of the property which is relevant to the special use permit is now known as parcel 6A, the subject property. At the time of the special use permit, the property was zoned Al, Agricultural. The approval was issued under the category of use {Prior Ordinance Section 2-1-25(10)} "country clubs, community centers, swimming, tennis, fishing, gun and yacht clubs and similar uses." Of the six conditions of approval, only one (the 6th) specifically restricts the uses of the property. That condition states: "This permit is issued to the University of Virginia Alumni Association or its successors in interest for conduct of polo activities only. Any additional use, other than uses permitted by right in the agricultural district, shall require amendment of this permit." Uses which are accessory to the polo use are not restricted by this language. Virginia Polo Center at Forest Lodge Drive Determination April 7, 2009 Page 2 The term, "accessory use" is currently defined in Section 3 of the Zoning Ordinance as follows: 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. A clubhouse is a customary accessory use to facilities such as golf, tennis, swim and polo clubs. The current definition requires that in order to be accessory a use must be: a) subordinate; b) customary; c) on the same lot as the primary use and d) located upon land zoned to allow the primary use. This parcel is currently zoned R1, Residential. The zoning designation was changed with the adoption of the Zoning Ordinance and Map on December 10, 1980. The R1 zoning district currently provides a polo club use by special use permit. This special use permit approval constitutes the zoning to allow the polo club use. Therefore, the criteria listed as d above for a use to qualify as accessory, is met. The proposed clubhouse will be located on parcel 6A, the same lot as the primary polo use. The clubhouse as proposed will not exceed 4,000 gross square feet. It will include meeting space, an office, storage, bathrooms and changing facilities. The clubhouse is also proposed to include "overnight sleeping quarters for visiting teams." Because overnight sleeping quarters is not a customary use for a clubhouse, this use is not approved by this determination. Temporary overnight sleeping quarters is transient lodging and that use is not allowed in the R1, Residential zoning district. The possibility of building a residence (for a barn manager or caretaker for the property) has been mentioned. A residence is a permitted use in this zoning district. If you intend to pursue that idea, I recommend that the residence be a separate building from the clubhouse. This will provide a clearer demarcation between two distinct zoning uses. It will also avoid overflow of the club use within the residential unit. I recommend that you set up a preapplication conference to discuss the site plan amendment for this proposal. (The existing site plan is SDP 80-51 UVA Polo Club.) You can let me or any member of the staff know which Monday you would like it scheduled. If you have any 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 Virginia Polo Center at Forest Lodge Drive Determination April 7, 2009 Page -3 - - 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, r ) Amelia G. McCulley, A Zoning Administrator Attachment: SP 80=17 Conditions of Approval Cc: Bill Fritz CV Reading File OF AL,� -- Departinent of Planning ROBERT W. TUCKER, .JR. 804/266-`.5829 RONALD S. KEELER DIRECTOR OF PLANNING 474 EAST MIARKET• STREET ASSISTANT DIRECTOR. or PLANNING; CHARLOTTESVILLE, VIRGINIA 22901 DOUGLAS W. ECKI.L SENIOR PLANNER June 20, 1980' NANCY MASON CAPERTON PLANNER Kendrick Dure IDETTE CHARLIE KimrE:y 230 Court Square PLANNER Charlottesville, Virginia 22901 Re: Request for. SP -80-17 BOARD OF SUPERVISORS ACTION Dear Mr. Dure: The Albemarle County Board of Supervisors at its meeting June 18, 1980, approved your request to locate a polo faciltiy on Tax Map 90, Parcel 6, subject to the following conditions: 1. Access to the site shall be restricted to Route 631, with commercial entrance as required by the Virginia Department of Highways and Transportation and sight distance to be corrected at the bridges, to the extent possible by removal of vegetation only; 2. Fire Official approval of fire suppression system for indoor arena in accordance with the Uniform Statewide Building Code and approval of outdoor hydrant system; 3. Site plan approval; 4. Riding surfaces shall be maintained in adequate cover to minimize dust and erosion; 5. Fencing and other methods of animal confinement shall be maintained at all tines; 6. This permit is issued to the University of Virginia Alumni Association or its successors in interest for conduct of polo activities only. Any additional use, other than uses permitted by right in the agricultural district, shall require amendment of this permit. Sincerely, ! Jane Gloeckner jg/ CC: File