HomeMy WebLinkAboutLOD201700018 Letter of Determination 2017-08-25� OF AL
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 25, 2017
Ashley Davies, Land Use Planner
Williams Mullen
321 East Main Street Suite 400
Charlottesville, VA 22902
RE: LOD2017-00018 Martha Jefferson Hospital (validity of special use permit for unbuilt
residential units), 26.984 acre portion of Parcel ID 078000000020M0.
Dear Ms. Davies:
On behalf of your clients, you have asked for a determination regarding the validity of a
special use permit approval that authorized unbuilt residential units on the 26.984 acre
portion of former Parcel ID 078000000020MO (the "Parcel"). This is the same parcel (L)
that is shown on the "Plat Showing Parcel L A Subdivision of Tax Map 78, Parcel 20M
Located on Peter Jefferson Parkway Off U.S. Route 250, East of Charlottesville Rivanna
Magisterial District Albemarle County, Virginia" dated April 3, 2017 by Roudabush, Gale
& Associates, Inc. It is my determination that the legislative approval for two hundred fifty
(250) residential units remains valid in association with the current Planned Development
- Mixed Commercial (PDMC) zoning. This legislative approval for residential units
originated with SP 1992-00066 and continued with the applications cited below.
The following summary will outline the facts that are relevant in making the determination. -
Relevant Legislative History
On March 17, 1993, the Board of Supervisors (the "Board") approved ZMA 1992-00012
and SP 1992-00066. The rezoning approved an application plan for two hundred forty
one (241) acres zoned PDMC and Commercial Office (CO). The special use permit
allowed two hundred ninety six (296) residential units per Albemarle County Code §18-
23.2.2(9) which allows uses permitted in Albemarle County Code §18-18 Residential R-
15. The Planned Development application plan and the conditions of approval
referenced residential use.
The staff report dated PC February 23, 1993 and dated BOS March 17, 1993 included
the following statement on page 7 under "III Uses by Special Use Permit:"
It should also be noted that special use permits normally have an expiration date
of eighteen months if construction has not commenced. However, because the
uses proposed by special permit are a part of the application plan, staff
August 25, 2017
LOD2017-00018
Page 2 of 3
interpretation is there would be no expiration on this approval and the special
permit uses would be governed by the application plan and proposed agreements.
Section 8.5.5 of the then -existing Planned Development regulations within the
Albemarle County Zoning Ordinance included language providing for modification of
planned development or general regulations. It is my opinion that the Board's action on
March 17, 1993 to approve both ZMA 1992-00012 and SP 1992-00066 included a
modification for the residential use special use permit that allowed it to not expire under
the 24 month period per former Albemarle County Code §18-31.2.4.4, but instead
authorized it to remain valid as part of the Planned Development Mixed Commercial
zoning. This ordinance section relating to special use permit validity allowed the Board
to "impose an alternative period in which to commence the use, structure or activity as
may be reasonable in a particular case." The PDMC application plan and proffers
incorporated the residential units into the overall development.
ZMA 1996-00003 amended ZMA 1992-00012 and relocated and downsized the number
of residential units (from 296 to 250). This August 14, 1996 approval by the Board of
Supervisors included explicit discussion about the previously approved residential use.
A February 26, 1996 letter from the applicant's representative, Andrew Dracopoli, says
they still want the special use permits to stay in place. There was clear intent on the
applicant's part and in the County's action to retain the residential use. This rezoning
specifically decreased the number of residential units to 250.
ZMA 2001-00015 rezoned 106.92 acres from CO to PDMC to allow for Martha Jefferson
Hospital and associated uses. This application was approved by the Board on August
13, 2003. Several staff reports stated that this rezoning maintained the previously
approved number and location for the housing units. The traffic study, as with two (2)
prior studies on this property, factored in vehicle trips based on residential units. This
rezoning action did not materially change the prior legislative actions authorizing
residential units.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30)
days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a
timely appeal, this determination shall be final and un-appealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator
and the Board of Zoning Appeals, in accordance with Chapter 18, Section 34.3 of the
Albemarle County Code, along with a fee of $258 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 the appeal of
a decision of the zoning administrator or any other administrative officer pertaining to the
Zoning Ordinance.
August 25, 2017
LOD2017-00018
Page 3 of 3
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are
located in Chapter 18, Section 34.3 of the Albemarle County Code. They may be
reviewed online at www.albemarle.org/countycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be
viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free
plug-in is available at the bottom of www.albemarle.org/cdapps.)
If you have any questions, please contact me.
Sincerely,
ey, ..
Zoning Administrator