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Home My WebLink AboutLOD200500002 Legacy Document 2013-03-25o� v d�d �'IRGINZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 February 17, 2005 Clifford H. Fox, Jr. 4543 Garth Road Charlottesville, VA 22901 Re: LOD 2005-002 Parking in the Flood Hazard Overlay District Dear Mr. Fox: This letter is in response to your request for an official determination regarding parking within the flood hazard overlay district. I can provide the determination in terms of the Zoning Ordinance but I am not authorized to administer the Water Protection Ordinance and cannot make determinations under that Ordinance. Your letter dated January 26th refers to proposed parking which would support a trail system along Powell's Creek on property zoned Commercial Office. The determination as to the permitted location of parking with respect to the Water Protection Ordinance can be made by Jack Kelsey as the Program Authority for that Ordinance. It is likely that he will need specific property information (plat and topography) in order to render that decision, and you can contact him about it. I am also copying him with this letter. Stand alone parking and parking structures are permitted only by special use permit within certain zoning districts, including the CO, Commercial Office district. The definition of "stand alone parking" is: "a parking area, including a parking structure, located on a lot other than the lot on which the use served by the parking area is located, that is the primary use for that lot. " If the parking supports a trail system on the same lot, it would not be considered stand alone parking. Trail systems are "recreational uses," which are allowed by right within the Flood Hazard Overlay District (FHOD) {§ 30.3.05.1.1 (2) and § 30.3.05.1.2 (1)}. The remainder of this determination will focus on parking as a permitted use within the FHOD. The FHOD regulations do not address or prohibit accessory parking as a use. I have previously determined by letter dated April 29, 2004 to Richard Cooper, that parking that is accessory to a permitted primary use is permitted in the FHOD. Parking in the FHOD is permitted whether or not the primary use it serves is located inside or outside of the FHOD. In the referenced determination, it was found that accessory parking is permitted in the FHOD to serve a restaurant which is located outside the FHOD, but which is permitted in the underlying commercial (C-1) zoning district. Clifford H. Fox, Jr. February 17, 2005 Page 2 Please be aware that the storage of machinery and vehicles is prohibited in the FHOD {per Section 30.3.04 (2)). Therefore, it is important that any proposed parking area be designed and maintained to prevent vehicles from being stored for any periods that the owner/ user is not on the property. In addition, the parking area within the FHOD must be closed to vehicles when the use is closed and in the event of a 100 year storm. Signage will be required to inform users of these restrictions. 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, r Amelia G. McCulley, A..C.P. Zoning Administrator Cc: Jack Kelsey, County Engineer Reading file: "parking in floodplain" Attachment K April 29, 2004 Zoning Administrator Determination Re: COUNTY OF ALBEMARLE Parking in the Flood Plain Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 FAX.(434) 972-4126 TELEPHONE (434) 296-5832 TI'D (434) 972-4012 April 29, 2004 Richard Cooper 4408 Mechums Depot Lane 'Charlottesville, VA 22903 Re: REVISED Official Determination on Parking in the Flood Hazard Overlay Zoning District (Tax Map 57, Parcel 31A) - revocation of prior letter dated February 17`h Dear Mr. Cooper: As I mentioned by phone Tuesday, I am hereby reversing and revoking my prior written determination dated February 17, 2004. Upon re-examination of applicable legal principles and upon further consultation with the County Attorney's office, I am now finding that parking in the floodplain on this property is permitted. This is a reversal of my prior determination in which I found that parking in the floodplain on this property is not permitted. I will explain the basis for my current determination in the proceeding. • The portion of tax map 57, parcel 31A which lies south of Lickinghole Creek is zoned C- 1, Commercial. This zoning district permits restaurants. • The majority of the area proposed for parking is located in the Flood Hazard Overlay District (FHOD). • The FHOD regulations do not address or prohibit accessory parking. Section 30.3.04 in these regulations delineates several prohibited uses, including the "storage" of vehicles. However, this section does not apply because in our opinion, "storage" is different from "parking." Section 30.3.05 which delineates permitted uses in the FHOD, does not apply because the listing of permitted uses are primary uses (the lone exception is the right to establish qualifying accessory structures in the floodway fringe). • Therefore, the FHOD regulations do not regulate accessory parking and the underlying C-1 regulations control. Parking that is accessory to a primary restaurant use (or other C- 1 primary use) would be permitted ✓; Richard Cooper April 29, 2004 Page 2 This determination applies specifically to parking in the FHOD and does not include / is not based on a finding of nonconformity or vested rights. If you have 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 specified above. 'Sincerely, d 41 Amelia G. McCaulley, A.I.C.P. Zoning Administrator Copy: Forbes Reback Benjamin Dick Reading File Jan Sprinkle Clifford H. Fox, Jr. Principal Broker t. 1 Foxfyre Enterprises, Inc. REAL ESTATE CONSULTANTS 4543 GARTH ROAD CHARLOTTESVILLE, VIRGINIA 22901 January 26, 2005 Amelia McCulley, A.I.C.P. Director of Building Code & Zoning Services 401 McIntire Road Charlottesville, VA 22906-4596 Telephone: (434) 823-7500 Fax: (434)823-7501 Email: foxfyre@cstone.net Re: Zoning Determination to define Parking in the Flood Plain as a supporting allowed use on a parcel. Tax Map 56A(1) Part 2, Section 1, Parcel 46A. Dear Amelia: Per our conversations it seems most appropriate to identify how parking within a flood plain may be allowed through a zoning determination. Consequently, I request that the zoning department issue a determination letter establishing the criteria under which parking within the flood plain may occur. I would ask that the determination address all the relevant zoning code chapters as the code relates to flood plains, water resource management and parking in the different zoning districts. The motivation for this request stems from a commercially zoned property that I own. It is currently zoned CO. The Crozet Master Plan, adopted to the Comprehensive Plan, identifies a trail system along Powell's Creek, which is on this property. It will be important to articulate if parking would be allowed to support that use on the property as well? Thank you for your assistance with this matter. Respectfully requested, Clifford H. Fox, Jr. Principal Broker Foxfyre Enterprises, Inc.