HomeMy WebLinkAboutSDP201700020 Correspondence Letter of Determination 2017-08-24COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
CharlottesN,ille, Virginia 22902-4596
Phone (434) 296-5832
August 24, 2017
Justin Shimp, PE
Shimp Engineering
201 E Main Street, Suite E
Charlottesville, VA 22902
RE: LOD2017-00016 — Hansen Road Church
property rezoned with ZMA2002-00008, South
Parcel ID 078000000073AB.
Dear Mr. Shimp:
Fax (434) 972-4126
— The By -Right use of a portion of the
Pantops Office, now identified as
On behalf of your clients, you have asked for a determination regarding the By -Right use
of Parcel ID 078000000073AB (the "Parcel").
The following will outline the facts that are relevant in making the determination;
History of rezonings and site plans
On October 21, 1998, the Board of Supervisors (the "Board") approved ZMA1998-
00020 Pantops PD-MC. The action letter signed October 28, 1998, states that the
approval is for "an application plan for the general development of 49.34 acres,
zoned PD-MC (Planned Development Mixed Commercial); HC (Highway
Commercial) and EC (Entrance Corridor Overlay District)" and includes "four
modifications for the application plan and four requirements for application plan
approval."
No use limitations were established with the approval of ZMA1998-00020 either through
the conditions or proffers.
The area shown on the above -noted application plan, in what is the Parcel, shows a
notation of "OFFICE SPACE #5 45,000 SQFT."
On February 12, 2003, the Board approved ZMA2002-00008 South Pantops Office.
The action letter signed February 25, 2003, states that the approval is "to amend the
application plan for ZMA 98-20 for the Tax Map 78, Parcel 73A as outlined below
and acceptance of the applicant's proffer..." The letter describes two portions of the
application plan approved with ZMA1998-00020. The first identified as the "HOTEL #7
- 100 ROOMS" and the second as the "OFFICE SPACE #5 - 45,000 SQFT".
August 24, 2017
LOD2017-00016
Page 2 of 3
The staff report presented to both the Planning Commission and the Board state the
applicant's proposal for rezoning the areas noted above as the "HOTEL #7 - 100
ROOMS" and the "OFFICE SPACE #5 - 45,000 SQFT" to be "to allow for an office
use instead of the previously approved hotel use..." and "a reduction from 45,000
square feet to 20,000 square feet for the office space shown..."
The action taken, as identified in the above -noted letter, clearly describes the portions
of the application plan that were amended. The area designated as the "HOTEL #7 —
100 ROOMS" was amended to allow "Office Space," and was to be developed in
general accord with a preliminary site plan dated January 3, 2001, and revised January
7, 2003. The preliminary site plan showed the site to be developed with 43,200 Sqft of
office space, and that development has been determined to be in general accord with
the above -noted application plan.
The letter also states the area designated as the "OFFICE SPACE #5 - 45,000 SQFT"
was "amended to reduce the permitted square footage of office space use from
forty-five thousand (45,000) square feet to twenty thousand (20,000) square feet".
Multiple site plans have been approved for various uses within this PD-MC zoning
district between September 1999 and February 2003 and between February 2004 and
January 2015, all involving some portion of the properties rezoned in 1998 and 2003.
As stated in the staff report of ZMA1998-00020 and ZMA2002-00008 the analysis of the
proposal was for the form of development and traffic, and analyzing the proposal for
specific uses was not a large concern. Zoning officials are interpreting this to mean that
all uses in Section 25A of Chapter 18, of the Albemarle County Code, are permitted
either by -right or by special use permit.
Proposed development on the Parcel
The approvals of the multiple site plans noted above have been for various by -right,
and special use permit uses as outlined in the Section 25A. My interpretation is that
under Section 25A.2.1 (1), the proposal is for a Religious Assembly Use as defined in
Section 3.1 and permitted by Section 23.2.1 (4).
On January 9, 2017, staff held a pre -application meeting with Mr. Shimp and his team.
The proposed plan showed a layout for a 14,725 Sqft church building and associated
parking. At that time, it was believed to have been showing the building under the
20,000 Sqft limits approved with ZMA2002-00008.
On April 3, 2017, a site plan was submitted for review, SDP2017-00020, showing a
church building and two office buildings with associated parking. The site plan shows a
church building of 15,314 Sqft, and two office buildings totaling 35,840 Sqft. The review
of the plan concluded that the proposed plan was not complying with the zoning
approved with ZMA2002-00008.
August 24, 2017
LOD2017-00016
Page 3 of 3
It is determined that the conclusion regarding the site plan submitted for review,
SDP2017-00020, was correct, and that any future proposal for the development of the
Parcel may be any by -right use or special use permit use permitted in Section 25A, but
may not be more than a total of 20,000 Sqft of building on the Parcel.
The following options are available for the property owner to pursue
1. Appeal this determination to the Board of Zoning Appeals as noted below; or
2. Propose a Zoning Map Amendment to change the allowed square footage of
building in this area.
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.
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,
Francis H. MacCall
Principal Planner
Copy: Amelia McCulley, Zoning Administrator Owner: ALBEMARLE LAND LLC
John Blair, Deputy County Attorney 195 RIVERBEND DR
CHARLOTTESVILLE VA, 22911