HomeMy WebLinkAboutLOD201700021 Letter of Determination 2017-08-18COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 18, 2017
Core Real Estate and Development
C/o Dr. Charles W. Hurt
195 Riverbend Drive
Charlottesville, VA 22911
RE: LOD201700021-Zoning Determination of Land Use Category for Table A of ZMA
200100020: Rosewood Village Assisted Living Facility-2029 Lockwood Drive-TMP03200-00-
00-041 KO (hereinafter "the Property")
Dear Dr. Hurt:
You have asked if the Rosewood Village Assisted Living Facility at 2029 Lockwood Drive and
Timberwood Boulevard counts toward the "non-residential" square footage in the Use Table
(Table A) of Hollymead Town Center -Area C, Code of Development for ZMA200100020. This
ZMA rezoned the Property to Planned Development Mixed Commercial (PDMC).
It is my determination that the Rosewood Village Assisted Living Facility (hereinafter "the
facility") use counts as a residential use in the Use Table, Table A, of the Hollymead Town
Center -Area C. This determination of land use category is based on the following:
1. The use "Assisted Living Facility" is defined in the Albemarle County Zoning
Ordinance, §18-3.1, as "A residential facility...."
2. The Albemarle County Board of Supervisors approved a special use permit
(SP200500032) on April 11, 2006, for a 70,000 sq. ft. assisted living facility on 1.25
acres of this parcel. The staff report for this special use permit noted the residential
nature of this use.
3. Rosewood is the residence for those who dwell there. This is the case even though each
unit does not constitute a dwelling unit per the Zoning Ordinance.
The approved initial site development plan for the facility, SDP200500149, included the assisted
living facility of 69,086 sq. ft., commercial use of 27,375 sq. ft. and 8 dwelling units (of the 10
permitted in the Code of Development). The approval of the final site development plan
(SDP200600064) for the facility did not count against the maximum allowance of 50,000 sq. ft.
LOD201700021-Rosewood Village Assisted Living Facility
for "non-residential uses" in Block III, as it was a residential use, even though it also did not
count as dwelling units.
Anyone aggrieved by this determination has a right to appeal it within thirty (30) days of this
notice, in accordance with Virginia Code § 15.2-2311. If not timely appealed, 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 $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.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in
Albemarle County Code § 18-34.3. They may be reviewed online at
www.albemarle.org/couptycodeb_
Sincerely
d L. Higgins, AICP
of Zoning/Deputy Zoning Administrator
Copy: Rosewood Village of Hollymead LLC
Justin Shimp, P.E. - Shimp Engineering PC
Andrew Gast -Bray, Director of Planning
John Blair, Assistant County Attorney
Enclosed: GIS Zoning Map
LOD201700021-Rosewood Village Assisted Living Facility