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Home My WebLink AboutLZC201800013 Application 2018-03-27Albemarle County Planning Application Community, Development Department 401 McIntire Road Charlottesville, VA22902-45% Voice: (434) 296-5532 Fax: (4341972-4126 TIVIPJ 04600-00-00-01800 Owner(s): HAUGH, CHARLES R & E J OGLESBY ]R T Application# LZC201800013 PROPERTY INFORMATION Legal Description ACREAGE PARCEL Magisterial Dist. Rtvanna Land Use Primary Residential -- Single-family (incl. modular homes Current AFD Not In A/F District Current zoning Primary, Neighborhood Model District APPLICATION INFORMATION Street Address 12571 SEMINOLE TRL CHARLOTTESVILLE, 22911 I Entered By Application e PP fP ----�_� -�- -_--- i Letter of Zoning Compliance .- - — -- -- _.. — — --_ - - - - �� -� -- — - - — -- --- Buck Smith 3,'�7_' __ 18 Project 46-18, 46-18a, 46-19 Received Date 03/26/1$ Received Date Final Submittal Date 03/27/18 Total Fees 199 Closing File Date Submittal Date Final Total Paid 199 Revision Number Comments Legal Ad SUB APPLICATION(s) Type Sub licatio Comment APPLICANT / CONTACT INFORMATION CoritactType I Nance Address CitiState Zip Phone PhoneCell ihvr-r.., pts_sr*- HAUGH, CHARLES R & E l OGLESBY IRT FPsrt ALaN TA�rLOR, RIB+ERBEND DEVELOPMENT rnrsfzry t't ASHLEY DA4TE5, WILLIAMSh1ULLEPI ........... � 435 PARK ST ... ..... .......... ........................;............ 455 SECOND STREET, SE ..................... 321 EASTMAIN ST, SUIfE 400 CH.s,RLOTTES�HLL 22901 - ` '�. CH,aRLOTTESI�TLL �9.02 4342454932 € ... CHARLOTTES\QLL 22902 4349515725 Signature of Contractor or Authorized Agent Date FOR OFFICE USE ONLY � ��—.LFee Amount$ DatePaid��Bywho?MUIl�Receipt# Ck#6J��By� � Application for T n ri • ■ Uetter of f.oninp- k-,omuiiance V Letter of Zoning Compliance = $199 LZC# ;2<�l ��`Jl 3 Date of Application: March 21, 2018 Tax map and parcel: 46-18, 46-18A, 46-19 Acreage: 277.5 acres total Physical Street Address (if assigned): Location of property (landmarks. intersections, or other): Route 29 and Polo Grounds Road Total Contact Person (Who should we call/write concerning this project?): Ashl Address 321 East Main Street, Suite 400 Daytime Phone O 434-951-5725 Owner of Record Haugh, Charles R. & E.J. Address 435 Park Street Zoning: NMD (Each Parcel) Davies. Williams Mullen City Charlottesville State VA Zip 22902 Fax # (_) E-mail adavies@williamsmullen.com ;by Jr. T, see also attached property records City Charlottesville state VA Zip 22901 Daytime Phone ( ) Fax # (_) E-mail Applicant (Who is the Contact person representing?): Alan Taylor, Riverbend Development Address 455 Second Street, SE, 5th Floor Cary Charlottesville State VA Zip 22902 Daytime Phone ( ) 434-245-4932 Fax # E-mail alan@riverbenddev.com Submittal Requirements 1) Approved/Recorded plat/pIan. (If Applicable) — 'J&P/*cAz_ Tl--, � 2) Sample letter stating information lending institution or other party needs. 3) DMV Form for automobile dealers /I o Signature of App March 21, 2018 Date County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11/I/2015 Page 1 of] Direct Dial: 434.951.5725 adavies@williamsmullen.com March 21, 2018 VIA HAND DELIVERY: Mr. Francis MacCall Albemarle County Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: Request for Letter of Zoning Compliance Mr. MacCall, On behalf of Riverbend Development, the contract purchaser of that certain property located in Albemarle County, Virginia (the "County") commonly known as Brookhill, including Tax Map Parcels 04600-00-00-001800, 04600-00-00-0018A0, and 04600-00-00-001900, and as described in ZM 2015-0007 (the "Property"), we request an official letter of zoning compliance. We would appreciate it if your office could provide a letter in substantially the form attached hereto confirming the items described therein, to the extent possible, for the Property. Thank you for your assistance in this matter. If there is any additional information necessary to make your determination, please let me know. 34256504_1 Sincerely, Ashley Davies 321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951 .5700 F 434.817.0977 williamsmullen.com I A Professional Corporation [ON LETTERHEAD OF ALBEMARLE COUNTY, VIRGINIA] Williams Mullen 321 East Main Street Suite 400 Charlottesville, VA 22902 Attn. Ashley Davies Ladies and Gentlemen: In response to the letter from Williams Mullen, dated March 20, 2018, requesting certain land use information regarding property located in Albemarle County, Virginia (the "County") commonly known as Brookhill, including Tax Map Parcels 04600-00-00-001800, 04600-00-00-0018A0, and 04600- 00-00-001900, and as described in ZM 2015-0007 (the "Property'), we are pleased to advise you as follows: Current Zoning. The Property is zoned Neighborhood Model District ("NMD") and is subject to the use restrictions outlined in the Brookhill Neighborhood Model Code of Development, dated October 13, 2016 (the "Code of Development"). Other than as set forth in the proffers approved as part of ZM 2015-0007, the Property is not subject to any proffered conditions or other special limitations imposed by the County in connection with the zoning or rezoning of the Property. 2. By Right Use. Within Blocks 1-4 of the Property, as shown in Figure 1 of the Code of Development and categorized Neighborhood Service Center and Urban Density Residential, the use of the Property for rest homes, assisted living facilities, nursing homes, and convalescent homes is characterized as a permitted use. As such, pursuant to Table 3 of the Code of Development, the aforementioned uses are by -right within Blocks 1-4, without the necessity of any rezoning, special use permit, or variance. Pursuant to footnote 4 of Table 3, Rest homes, nursing homes, convalescent homes, and assisted living facilities shall be allowed within the Neighborhood Density Residential Blocks by Special Permit only, with exception to Block 8 & 9, in which they shall be permitted as a by -right use. Exemptions. As described in Sections 2.3.2.1 and 2.3.2.2 of the Code of Development, maximum building footprint allotments do not apply to rest homes, assisted living facilities, nursing homes, and convalescent homes, thus these uses would be exempt from the maximum building footprint requirements for Blocks 1-4, designated as Neighborhood Service Center and Urban Density Residential. As described in Table 5, Density Regulations, of the Code of Development, footnote 2 states, "Maximum non-residential square footage in each of these blocks and the total non-residential square footage do not include the square footage of ancillary uses as listed in Section 2.2 of the Code of Development". As such, the square footage of rest homes, assisted living facilities, nursing homes, and convalescent homes as Ancillary Uses would not count towards the maximum non-residential square footage approved for the Property. Additionally, footnote 3 states assisted living facilities, rest homes, nursing homes, and convalescent homes shall qualify as meeting the residential component of the block, and shall not count against the minimum or maximum dwelling units in this block. Sincerely, [Applicable Governmental Official] 35157246_1 w v 14W qw Aw .W N Brookhill Development Land Use Map Figure 1 — Brookhill Block Development Plan 10113116 d � ZMA — Code of Development 71Page Brookhill f 4 z 0; ll f''il?d klSee6 i N le w a � / BLOCK 9 / s I BLOCK 13 l a � BLOCK 10 `�' 1 I �♦♦♦ BLOCK 15 BLOC ` sO �, �CK 4B /� , BLOCK 11 ` v// ♦ ` BLOCK 12 1 „i ♦♦ �, , ; i BLOCK 14 11 ,_„�•' � �BLOOCCK 4A " / BLOCFI♦ / Ii"� •�° r BLOCK 1 4,` 3 BLOCK 16 l i : BLOCK 18 1 BLOCK ;BLOCK 5 BLOCK8A / BLOCK �61 OCK 319BLOC/'♦ If � o* wEOFOR cnou % � ♦ ; BLOCK 17 j �`' j � ♦`. ; % p BLOCK SB � � � �., ..w�,.e�i ixiT rH. _ / i dRO0R1111,1. _ BLOCK 7 41 � I� ®BOHLER NOTE: ABPER rNEAwRovm caoE OF OEVELOPMEart. � MVEDNE-/\BOTH CONSER5*E.CE, THESK AS % 1LMAREAS.NOWEVER, TNESPEGFlO E7C}dBff I -- AR AREAS FOR BLOCKS A4 ANO aB ARE SIq'Ma ASNELL FOR LLART'. ++yW�ewp, w.l — av a] it •'�" 10113/16 Table 4: Permitted/Prohibited Non -Residential Uses by Block NON-RESIDENTIAL USES DISTRICTS/ BLOCKS NEIGHBOR- HOOD SERVICE CENTER URBAN DENSITY RESIDENTIAL NEIGHBORHOOD DENSITY RESIDENTIAL 2 3 4 Block 5 thru Block IS 19 Assisted Living residential facilities X X X X SP° Administrative professional offices X X X X6 SO Antique, gift, jewelry, notion, and craft shops X Barber, beauty shops X Clothing, apparel and shoe shops X Clubs, lodges, civic, fraternal, patriotic (reference 5 1 02) X X X X X Community Center X X X X X' Commercial recreation establishments X X X X X' Concessions for the serving of food refreshments or entertainment of club members and guests in conjunction with swim, golf, or tennis club X X X X Convenience Stores X Day care, child care, or nursery facility (reference 5 1 06) X X X Drug store, pharmacy X Restaurants (not including fast food restaurant) X X X X6 Water, sewer, energy & communications facilities X X X X X Farmers Market (reference 5 1 36) X X X X Fast Food X Financial Institutions X Florist X Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops X Furniture and home appliance (sales and services) X Hardware store X Health club or spa X X X X Hotels, motels, and inns X Sp3 Indoor athletic facilities X X X X Indoor theaters X Laundries, dry cleaners X Libraries X Medical center X Light warehousing X Musical instrument sales X Newsstands, magazines, pipe and tobacco shops X Office and business machines sales and services X Optical goods sales X Outdoor Amphitheatre X X X X X Outdoor eating establishments or cafe X X X X6 Outdoor storage, display and/or sales serving or associated with a by -right permitted use, if any portion of the use would be visible from an entrance corridor SP ZMA — Code of Development Brookh111 131Pau c rr low 4Yr 11111, r 111111110 r 1W 4W • err IV W +rr 'tl► rM r qW qW +Ir+ qkW low low 10113/16 DISTRICTS/ BLOCKS NEIGHBOR- NON-RESIDENTIAL USES HOOD URBAN DENSITY NEIGHBORHOOD DENSITY SERVICE RESIDENTIAL RESIDENTIAL CENTER 2 3 4 Block 5 thru Block 18 19 Photographic goods sales X Professional offices, including medical, dental and optical X X X X6 SP5 Public and private utilities and infrastructure X X X X X Public uses and buildings, Including temporary or mobile facilities including schools, offices, parks, playgrounds X X X X X and roads Rest home, nursing home, and convalescent home X X X X SP4 Retail sales and service establishments X X X X6 Sporting goods sales X Stand-alone parking and parking structures (reference 412,5118)1 X X X X Xz Stormwater management facilities on an approved final site Ian or subdivision plat X X X X X Swim, golf, tennis or athletic facility X X X X X1 Tailor, seamstress X Temporary construction uses (reference 5 1 18) X X X X X Temporary nonresidential mobile homes (reference S 1 40) X X X X X Tier I& Tier 11 personal wireless service facilities (reference 5 1 140) X X X X X Veterinary offices and hospital X Visual and audio appliances sales X Man ufactu rin g/Proces si ng/Assembly/Fabri cation/Recycli n < 4,000 SF of GFA X • - ��,y,•o.�, ••� �� .= N.,,,,,..e., oy-nyn. wicrnn ine OIOCK as snown (SP) designates the use as permitted through a "Special Use Permit process' through the County (SE) designates the use as permitted through a 'Special Exception request, through the County during the site plan process. Footnotes 1) Swim, golf, tennis or athletic facility is excluded from Blocks 13 15 & 18 along with any community center or commercial recreational centers 2) Block 11 is the only Neighborhood Density Residential block to allow stand alone parking Stand alone parking is prohibited in the other Neighborhood density residential blocks 3) Block 19 is the only Neighborhood Density Residential block to allow a Hotel motel or inn by special use permit only The Existing Brookhill House may be converted to an inn, but only through a special use permit process 4) Rest homes, nursing homes, convalescent homes, and assisted living residential facilities shall be allowed within the Neighborhood Density Residential Blocks by Special Permit only with exception to Block 8 & 9, which shall be permitted as a by right use 5) Professional/medical offices shall be allowed within Block 9, with a special use permit request during the site plan process The maximum footprint for each building shall be 20,000 SF 6) Non-residential uses shall only be allowed at the corners of the North/South Connector Road & Main Street within Block 4 2.3 Buildim Form Standards The Brookhill community is designed to accordance with the principles of the Neighborhood Model, while maintaining a level of flexibility in the product type and density of the community to adapt to current and future market conditions 2.3.1 Densitv Allowable densities within Brookhill have been arranged in accordance with the Albemarle County Comprehensive Plan to establish a compact form of development within the County's ZMA — Code of Development Brookhill 141c I E BLOCK 9 // ` ` BLOCK 13 / BLOCK 10 ` ♦ �-— — — — — — — — — — ,�` ♦ ♦ 1 �� BLOCK 15 BLOCK 46 BLOCK 11 ` �♦ BLOCK 12 �.., BLOCK 14 BLOCK � `4Ci IL BLOCKS BLOCK 1 i. 3 / �� / ' BLOCK 16 ' BLOCK 18 BLOCK BLOCK 5 2 / BLOCK8A ' BLOCK � BLOCK 19 j / I IL BLOCK 6 J#, / BLOCK 17 BLOCK 86 / ►/ / BLOCK 7 i Table 3: Land the Ac¢ / o doves c v ee ?L—Lw D— Rbk (Roza •..� I 1 1 I Ruildl 6 CI rc: I Up n,t' \ I Y luv� 1) P rai sp c Y e —, / x Ixa Izo o.n 1 I o . - `..�_��.��,,.�.-�_�.. NOTE AS PER THE APPROVED CODE OF DEVELOPMENT, THE OVERALL BLOCK AREAS ARE INCLUSIVE OF BOTH CONSERVED GREEN SPACE, AS WELL AS RIGHT-OF-WAY AREAS. HOWEVER, THE SPECIFIC INDIVIDUAL PARCEL AREAS FOR BLOCKS 4A AND 4B ARE SHOWN AS WELL FOR CLARITY s`Ee oaER o� o`� NOTAPPROVEOFOR CONSTRUCTION NOYERALL SITE EXHIBIT BR T�.�HS�L RouTE xz sEuwolE rRnu Ro FiERWIEWI -0 GROOND —D GWRLOiIENaLE NL —RLE—TY, VA = FBroONHLER OVERALL BROOKHILL EXHIBIT wEr,.eee