HomeMy WebLinkAboutLOD201500012 Letter of Determination 2015-08-21� OF ALg�
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 21, 2015
Justin Shimp
Shimp Engineering
201 East Main Street
Charlottesville, VA 22902
RE: Density Bonus for Open Space on Tax Map 56, Parcel 45
Dear Mr. Shimp:
This letter is provided in response to your question about whether or not land in common open
space being used to qualify for an R2 cluster development may also be dedicated to public use
in order to count toward an up to 15% density bonus allowed under Section 14.4.2 of the zoning
ordinance:
For dedication of land to public use not otherwise required by law, density may be
increased as follows:
The acreage of the land dedicated and accepted shall be multiplied by twice the gross
density -standard level, and the resulting number of dwellings may be added to the site,
provided that the density increase shall not exceed fifteen (15) percent. The dedication
shall be accepted by the board of supervisors prior to final approval.
While ordinance requirements can't count toward a density bonus (Section 2.4.1), dedication of
open space to public use is not an ordinance requirement. It is my determination that even
though the ordinance requires that 25% of land be dedicated to common open space in order to
qualify for a cluster development, since that common open space may be dedicated to public
use under Section 4.7(d) of the zoning ordinance, it may also count toward the 15% bonus
density:
Ownership of open space. Open space may be privately owned or dedicated to public
use. Open space in private ownership shall be subject to a legal instrument ensuring the
maintenance and preservation of the open space that is approved by the agent and the
county attorney in conjunction with the approval of the subdivision plat or site plan. Open
space dedicated to public use shall be dedicated to the county in the manner provided by
law. Open space dedicated to public use shall count toward the minimum required
open space.
Although the land dedicated to public use may count toward a density bonus, please be
advised that as common open space, this land must satisfy the requirements outlined in
Section 2.4 and Section 4.7 of the zoning ordinance. In addition, in order to be dedicated to
public use, the land must be accepted by the Board of Supervisors. I recommend working with
the Parks and Recreation department to determine if this is a feasible approach prior to
proposing the density bonus.
Anybody aggrieved by this determination, has a right to appeal it within 30 days of this notice,
in accordance with Virginia Code § 15.2-2311; provided, however, that a 10 day appeal period
applies to appeals of decisions pertaining to temporary or seasonal commercial uses, and
such appeals shall be filed within ten 10 days after this decision. If you do not 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 Albemarle County Code § 18-34.3, 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 appeals of decisions 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 outlined in
Albemarle County Code § 18-34.3, which may be reviewed online at
www.albemarle.org/countycodebza.
Please contact me if you have questions or require additional information.
Sincerely,
OL IL 6r
Amanda Burbage
Senior Planner