HomeMy WebLinkAboutLOD201700027 Letter of Determination 2017-10-09COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 9, 2017
Virginia Oil Company Incorporated
c/o Frayser White, South Creek Investments
1100 Harris Street
Charlottesville VA 22903
RE: LOD2017-00027 — FOR PARCEL ID 09400-00-00-03900 - A DETERMINATION OF
THE NEED FOR A SPECIAL USE PERMIT FOR WATER CONSUMPTION FOR THE
USE PROPOSED WITH SDP2017-00009 BOYD TAVERN MARKET.
Mr. White,
In association with the review of the application for Initial Site Plan SDP2017-00009 Boyd
Tavern Market (the "Site Plan") and in accordance with § 31.1 a (2) of Chapter 18 of the
Albemarle County Code (the "Zoning Ordinance"), the following determination is made:
The proposed development shown on the Site Plan will require a special use
permit for water consumption exceeding 400 gallons of water per site acre per day.
The focus of this determination is on the use proposed with the development of the Site
Plan on Parcel ID 09400-00-00-03900 ("Parcel 39"). Parcel ID 09400-00-00-03800
("Parcel 38") is not part of this determination and is only mentioned in the context of the
previous Letter of Determination (LOD2017-00012) noted in the following paragraph.
As stated in LOD2017-00012 - A DETERMINATION OF 1) AREA ZONED C-1
COMMERCIAL, 2) THE AMOUNT OF WATER PERMITTED TO BE USED BY RIGHT
FOR PARCEL IDs 09400-00-00-03800 and 09400-00-00-03900, for uses permitted by
right not served by public water, the amount of water consumed shall not exceed 400
gallons of water per site acre per day. The following quantities of water for the noted
parcels are allowed by right; Parcel 38, 1.178 acres zoned C-1, can use 471.20 gallons of
water per day, and Parcel 39, 3.279 acres zoned C-1, can use 1,311.60 gallons of water
per day. For uses that are different from the proposal in the Site Plan, a separate
determination will be necessary. LOD2017-00012 states that "Prior to final approval of
any proposal for development, the applicant must provide information regarding the
proposed development's water usage. The Zoning Administrator in consultation with the
County Engineer will decide whether the proposed water consumption is allowed by right
or requires a special use permit."
October 9, 2017
LOD201700027
Page 2 of 2
The applicant for the Site Plan has provided the proposed development's water usage
data, and that analysis of the data is complete. After consulting with the County
Engineer, it is determined that there is enough uncertainty of the water consumption for
the proposed development that I am not able to determine that the proposed use will
consume no more than 1,311.60 gallons of water per day. Restricting the water flow from
any proposed well with mechanical measures has previously been determined not to be
permissible to allow the by -right water consumption. Thus, I am determining that the
proposed development shown on the Site Plan will require a special use permit for
water consumption exceeding 400 gallons of water per site acre per day.
If anyone is aggrieved by this determination, they shall have a right to appeal it within
thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If they 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 § 34.3 of the Zoning Ordinance,
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 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.
Sinc
Francis H. MacCall
Principal Planner
Cc: Amelia G. McCulley, Zoning Administrator
Frank Pohl, County Engineer
John Blair, Deputy County Attorney