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Home My WebLink AboutLZC201800003 Application 2018-01-29Albemarle Coun'-11 Community Development Department 4011 :ire Road Charlottesville. V.422%2-4596 Planning Application .e (434i 296-5832 Fax : (434) 972-4126 Th1F 078BO-03-00-00100 Owner(s): AVEMORE EXPENDED LLC Application# LZC20180000 PROPERTY INFnRMATMPU Legal Description ACREAGE 1 Magisterial Dist, Rivanna Land Use primary Residential -- Single-family } -- 9 y (incl. modular homes Current AFD Not in A F District s _ j Current Zoning Primary R15 Residential APPLICATION INFORMATION Street Address 3d4i7 AVEtY10RE SQUARE PL CHARLOTTESVILLE, 22911 Entered By application Type Letter of Zoning Compliance Buck Smith Project 1."21 9"'2 016 Received Date O1j29j18 Closing File Date Revision Number L Comments Legal Ad Received Date Final �— Submittal Date 01129/1$ Total Fees 199 Submittal Date Final Total Paid 199 :SUB APPLICATION(,) F T" Sub Applicatio Conurent APPLICANT j CONTACT INFORMATION ContactType Nwa e Address "*F AVEMORE EXTENDED LLC C1tyState %in Ph, Giv �cCcii P 0 B03 4119 J __. YNCHBURG VA 502 LUQD HOLDING COMP�NV LLC 1 3 EAST MAIN ST 8TH CH. ARLOTTEStlTLL ��902 4342453443 Lr�RI H. SCH'AELLER .. _. 1 3 EAST F1.4IN ST, 8TH CH_�.RLOTTESVTLL ' ^^ 02 __q 4342453448 ; Signature of Contractor or Authorized Agent date FOR OFFICE USE ONLY ��`` / (� Fee Amount $_._ Dale Paid ! Yt3y who? .,eceipt # < /_ l _Ck# < < By: �hL — Application for Luttvi ul x-dumur- l.,umunance W Letter of Zoning Compliance = $199 LZC# Date of Application: January 25, 2018 Tax map and parcel: 078BO-03-00-00100 Acreage: 0.78 Total N/A zoning: R-15 Residential Physical Street Address (if assigned): 3040 Avemore Square Place, Charlottesville, Virginia 22911 Location of property (landmarks, intersections, or other): Contact Person (Who should we call/write concerning this project?): Lori H. Schweller Address 123 East Main Street, Eiqhth Floor Daytime Phone (4�+) 245-3448 Owner of Record Ayemore Extended, LLC Address P.O. Box 4119 Daytime Phone (_) (Each Parcel) State Virginia Zip 22902 Fax # (+3}) 296-0905 E-mail Lori. Schweller@leclairryan.com Fax # City Charlottesville City Lynchburg State Virginia Zip 24502 E-mail Applicant (Who is the Contact person representing?): Lucid Holding Company, LLC Address c/o Lori H. Schweller, 123 East Main Street, 8th City Charlottesville State Virginia Zip 22902 toor Daytime Phone (+3+) 245-3448 Fax # j 296-0905 E-mail Lori.Schweller@leclairryan.com Submittal Requirements 1) Approved/Recorded plat/plan. (If Applicable) 2) Sample letter stating information lending institution or other party needs. 3) DMV Form for automobile dealers �CAJ Signature o pplicant Date I- Zs -oil N County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised I I/1/2015 Page I of I L�R LECLAIR-RYAN January 25, 2018 VIA EMAIL and U.S. MAIL Ms. Amelia McCulley, Director of Zoning/Zoning Administrator County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: Application for Letter of Zoning_Compliance: Tax Map Parcel 078BO-03-00-00100 Dear Ms. McCulley-,, I request. your confirmation of the zoning status and compliance with applicable Albemarle County Zoning Ordinance and Site Development Plan provisions of a parcel of real property currently shown on the County of Albemarle Tax Map 078B Part 1 as Block 3, Parcel 1 (the "Property"). The Property contains 0.784 acre, is zoned R-15 Residential, and is known by the address 3040-3042 Avemore Square Place, currently ,owned by Avemore Extended, LLC, a Virginia limited liability company'. According to County tax records, the Property contains a two-story office building with approximately 8,550 finished ' square feet. The Property contains a surface parking lot. Collectively, 'the existing improvements on the Property shall be referred to herein as the "Existing Improvements." This parcel is a portion of the block referred to as Phase III in the Final Site Plan for Avemore. I represent a party who is interested in using the Property and Existing Improvements for professional offices -- mental health counseling offices and engineering offices. Please confirm, in a letter addressed to my attention, that the Property with Existing Improvements complies with all current zoning regulations or is legally non -conforming, complies with applicable existing proffers associated with zoning map amendments, complies with conditions associated with special use permits, that all site plan approvals have been issued in accordance with all applicable state laws, County ordinances and regulations, and that there are no known or pending zoning or building violations pertaining to the Property or Existing Improvements. In my email transmission. of this letter, I have attached a Word version of this letter for your use in drafting your response. Please find enclosed our_ chec� in the sum of $199.00 for the required fee along with an Application for Letter of Zoning Compliance. E-mail: LSchweller@leclairryan,com 123 East Main Street, Eighth Floor Direct Phone: 434.245,3448 Charlottesville, Virginia 22902 Direct Fax: 434.296,0905 Phone: 434,245,3444 1 Fax: 434.296.0905 CALIFORNIA I CONNECTICUT 1 MASSACHUSETTS 1 MICHIGAN I NEW JERSEY 1 NEW YORK 'i PENNSYLVANIA 1 VIRGINIA 1 WASHINGTON, D,C. ATTORNEYS AT LAW \ WWW.LECLAIRRYAN.COM Ms. Amelia McCulley January 25, 2018 Page 2 I respectfully request your confirmation, in a letter addressed to my attention, of the following matters in particular in relation to the Existing Improvements. All provisions referred to below are sections of the Albemarle County Code, Chapter 18 — Zoning. Permitted Use My review of the County records shows that the Property was rezoned by ZMA200000010, which rezoned 27.46 acres from R-10 Residential to R-15 to allow mixed use of dwelling units, retail, and office. The rezoning is subject to Proffers, dated June 19, 2001. (An additional 1/10 acre was rezoned pursuant to ZMA200600021 in 2007.) The Property remains zoned Residential R-15, as defined and described by Section 18. Per Section 18.2'2.11, uses permitted by special use permit include professional offices. The Albemarle County Board of Supervisors approved SP200000069 and SP200000070 on June 20, 2001. The special use permits allow professional offices and retail stores and shops in a residential development in accordance with Section 18.2.2.11 and 18.2.2.12, respectively. (SP2006-00044 permits parking and landscaping on the additional 1/10 acre.) The approval letter, dated July 16, 2001, states that approval of SP200000069 is subject to the condition that the professional office uses shall be limited, in combination with the retail stores and shop uses allowed pursuant to SP200000070, to 20,000 square feet. The approval of SP200000070 is conditioned on a limitation of the types of retail stores and shops permitted by a listing comprising the definition of "retail stores and shops." The Property is accessed via Fontana Drive from S. R. 20/Stony Point Road, which is a designated Entrance Corridor. At its closest boundary line, the Parcel is approximately 450 feet from the Entrance Corridor. Site Plan On August 7, 2006, the Department of Community Development granted administrative approval for SDP-2006-00024, preliminary site plan for Phase III of Avemore. The final site development plan SDP 200700074 was approved June 9, 2008. Minor site plan amendment SDP 200800184 was approved on January 14, 2009, and Minor Site Plan Amendment #2 SDP 200900052 was approved on July 28, 2009. Subdivision Plat A subdivision plat dividing Lots 1 and 2, containing Building 1 and Building 2, respectively, was approved on June 17, 2008 as SUB200800140. The subject parcel is Lot 1. Ms. Amelia McCulley January 25, 2018 Page 3 Architectural Review Board Approval The Property received a Certificate of Appropriateness for ARB 200800013 on April 24, 2008 (two office buildings) and for ARB 200800118 (Building 1 revisions only) on December 18, 2008. Zoning Clearance On December 30, 2009, a Zoning Clearance, CLE200900211, was issued for the interior building layout. Water Protection Ordip_ance As part of Site Plan review, an Erosion Control Plan (WPO200700061) and Stormwater Management and Mitigation Plan (WPO200700061) were approved on June 4, 2008, and all E&S work was complete, and the bonds were released as of November 15, 2011. Off -Street Parking and Loading Section 4.12.6 provides that, for business, administrative, and professional (including medical offices but not dental clinics), one space per two hundred square feet of net office floor area is required. Net office floor area is deemed to be 80% of gross floor area or actual net floor area as shown on floor plans. The floor plans for which Zoning Clearance CLE200900211 was approved show 8,600 square footage of use and a parking formula of 1/200. Section 4.12.13 provides that, in addition to regular parking spaces, loading spaces may be required during the review of the site plan, and a commercial building of 4,000 square feet or more shall provide a dumpster pad. A dumpster is located on Lot 2. The owner of Lot 2 granted the owner of Lot 1 an easement to use the dumpster, and the parties granted to each other mutual, reciprocal access and parking rights across each party's lot by Amended and Restated Declaratiou of Covenants, Easements, Conditions and Restrictions, dated December 15, 2015, recorded in the Clerk's Office of the Circuit Court for the County of Albemarle in Deed Book 4714, page 119. Please confirm that all applicable parking, loading, and dumpster requirements set out in Section 4.12 are met, including parking location, setbacks, ADA compliance, and design. Height Requirements Per Sections 18.3 and 18.8, the maximum structure height in the R-15, Residential, district is sixty-five (65) feet. The minimum stepback requirements for any story that begins above forty (40) feet in height or for each story above the third floor, whichever is less, in height shall be as Ms. Amelia McCulley January 25, 2018 Page 4 provided in Section 4.19 Please confirm that the Existing Improvements meet this height restriction and that the stepback requirement does not apply. Building Separation and Setback Please confirm that the Existing Improvements meet the setback and building separation restrictions of Section 4.19. In summary, we ask that you confirm the Property's compliance with the zoning regulations of the Ordinance and that it is not subject to any current zoning violations, that it is in compliance with applicable County approvals, including proffers and SUP conditions, and that it is not subject to any notices of violation of any such approvals. Please contact me if you have any questions or concerns about this request. Thank you very much for your response. Very truly yours, Lori H. Schwel er cc: Client (via email) Neal Brodsky, Esq. (via email)