HomeMy WebLinkAboutZMA199600020 Other 2000-06-15AL
U 5tG r�i
f�j�1 �tA
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Boom 227
Charlottesville, Virginia 22902-4596
FAX (804) 972-4126 TELEPHONE (804) 296-5832 TTD (804) 972-4012
June 15, 2000
Michael C. McCall, MAI
Knight, Dorin & Rountrey
2500 Grenoble Road
Richmond, Virginia 23294
RE: Official Determination of Development Potential for Tax Map 60, Parcel 24C1+
Dear Mr. McCall:
In your letter of May 9, 2000 you asked the development potential of a five -acre parcel that was
created on a county -approved subdivision plat and recorded in Deed Book 1054, pages 573 and 574
Although this parcel has been further divided since that recordation, I will answer for the total five
acres.
The five acres is composed of a 1.561 acre portion of former tax map 60, parcel 53, and is zoned
R-10 with proffers. The remaining 3.439 acres was previously a portion of tax map 60, parcel 24C,
and is zoned R-15 with proffers. I will separately describe the development potential of the
different zoned portions of the 5 acres.
The 3.439 acre portion of former parcel 24C can be developed under the proffers of ZMA-85-21
(Zoning Map Amendment.) This will allow the R-15 density, setbacks and dwelling -unit type as well
as any other R-15 regulations but only to the extent of the number of units permitted under the
former R-1 zoning. Therefore, on the 3.439 acres, the current total potential development under the
standard level would be 3 dwellings while the bonus level could potentially have 4 dwellings. The
bonus level depends on the developer's availability to use specific environmental or developmental
standards, or, to provide low to moderate cost housing. See Zoning Ordinance Section 13.4 for the
details on these types of development. If and when Old Ivy Road is improved to the satisfaction of
the Board of Supervisors, the 3.439 acres may be fully developed under the R-15 regulations. This
would increase the development potential to 51 residential units under the standard level, or up to
68 units under the bonus level development. Approvals of preliminary and final site plans would be
required to develop in any manner if there were more than two dwellings on one recorded parcel.
The 1.561 acres is slightly more complex in terms of process prior to development. The zoning map
amendment (ZMA 96-20) that governs this area has a proffered master plan. That plan shows a
"health care facility" in this location. In order to develop the property for any other use would
IADEPT1Building & Zoning0etermination Generall60-24C1-UVil.doc
tficiai Determination, TMP 60-24CI+ Page 2 06/15/00
require a ZMA to first change the plan. If the proposal were for any use not already expressed in
proffer number two, it would also have to be revised to include the desired use. If a "rest home,
nursing home, convalescent home or similar institution" were desired, a special use permit (SP)
would be required in addition to the preliminary and final site plans. The governing ZMA (proffer
# 2) also states that, "the development of the property will be limited to a maximum of 204
residential units; an assisted living facility; a nursing home/health care facility; and, service facilities,
such as dining and recreational facilities, administrative offices, and banking within the limits of
accessory uses, as provided in the zoning ordinance." This language is referring to the whole
33.549ac. In an earlier ZMA, the allowed number of residential units was 260, but in the SP review
of an assisted living facility, the number was reduced (to 204) to allow 126 beds in the new facility
(authorized under the SP). Again, the main concern was Old Ivy Road and the traffic generated by
the uses on the original 33 ± acres. In the review of any new application on any portion of the
original 33± acres, it is likely that the same type of reduction, which includes all of what is now tax
map 60B2, would have to take place— or at least be considered. There are other controlling proffers
so I will attach the approval letter and proffer form so you may see the other requirements.
If you are aggrieved by this determination, you have the right to appeal it within thirty (30) days of
the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of
Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An
appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals
a notice of appeal which specifies the grounds for the appeal. In order for an appeal to be
considered complete, it shall include a completed application and $95 fee. The date notice of this
determination was given is the same as the date of this letter.
If you have any questions, please feel free to contact me at your convenience.
Sincerely,
Jan Sprinkle
Deputy Zoning Administrator
Cc: Colonnade Associates Limited Partnership
Ms. Karen Pape
Mrs. Charlotte Y. Humphris
Ms. Gay Carver, Real Estate
Mr. Wayne Cilimberg, Planning and Community Development
Files — SP 96-42, ZMA 96-20 & ZMA 85-21
Reading File TMP 60-24C1