HomeMy WebLinkAboutSDP201800034 Correspondence 2018-07-20Patricia Saternye
From: Andy Herrick
Sent: Friday, July 20, 2018 11:31 AM
To: Amelia McCulley; Patricia Saternye
Cc: Greg Kamptner; John Blair
Subject: Tiger Fuel BZA Update
Attachments: Tiger Fuel BZA Order on Motion to Vacate.docx
All,
At a liearing this morning in the "Tiger Fuel BZA appeal, the Court frg anted "Tiger Fuel's motion for a
restraining order, effectively extending Tiger Fuel's submission deadlines by 90 days. That was die salve period
between Tiger Fuel's appeal to the BZA 01/7/2017) and its appeal from die BZA (2/5/2018), during which die
Court ruled that a stay was in effect. However, the Court did not vacate (or rule on) Paty's refusal of Tiger Fuel's
earlier final site plan filing (SDP2018-00034). As a result, I see that refusal as still in effect.
By my calculations, dhis 90-day stay/extension would move die deadline for Tiger Fuel's final site plan
submission from May 10 to August 8, 2018. I would not be surprised if Tiger Fuel attempted to file another final
site plan application before August 8.
Attached is a first -draft Order, which the Court asked nhe to prepare, and which I think fairly reflects die
Court's rulings. I'd suggest meeting before August 8 to discuss both today's ruling and how best to address any
new "Tiger Fuel filings. Please call me if you have any questions in die meantime. Thanks.
Andy Herrick
Sr. AssL County Attorney
County of Albemarle
(434) 972-4067
Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. It is intended only for the designated
recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by
mistake. Thank you.
r'.
VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF ALBEMARLE
IN RE: )
JANUARY 9, 2018 DECISION )
OF THE BOARD OF ZONING APPEALS )
OF ALBEMARLE COUNTY 1
ORDER ON PETITIONER'S MOTION TO VAC.
CAME this 20th day of July, 2018, the Petitioner Ti
by counsel, and the Respondent Board of Supervisors
"County"), by counsel, on the Petitioner's "Motion a
"Motion"). Upon considering the Petitioner's the
the oral arguments of counsel, the Court hereby finds
1. Petitions for Writ of Certio ari to review deC.
CASE NO. CL18000232-00
G ORDER
Company (the "Petitioner"),
lbemarle County, Virginia (the
and for Res wining Order" (the
pY Pt 's Response filed Herein, and
of Boards of Zoning Appeals
(BZAs) are statutory in nature, st be strictly ed.
2. The Virginia Code provides tes for eals of zoning officers'
determinations to BZAs and for ap al B sions to Circuit Courts.
3. Virginia Co .2-2311 and Albe He Coun Code § 18-34.3(f), which is derived
from it, ly to appeals of zonin ffi ers' determinations to BZAs.
4. Virginia Code § 15.?�. lies o to appeals of BZAs' decisions to Circuit
Virginia C6de § 15.2-2311(C) does not stay further proceedings.
6; On November 7, 2017, pursuant to Virginia Code § 15.2-2311, the Petitioner appealed
officStheproposed
of Determination LOD2017-00027 for Parcel ID 09400-00-00-03900,
whitermination of the need for a Special Use Permit for water consumption
for with SDP2017-00009 Boyd Tavern Market (the "SP
Dete"), to the Albemarle County Board of Zoning Appeals (the "Albemarle
BZA").
7. On January 9, 2018, the Albemarle BZA affirmed the zoning officer's SP
Determination.
8. On February 5, 2018, pursuant to Virginia Code § 15.2-2314, the Petitioner appealed
the Albemarle BZA's January 9, 2018 decision to this Court.
Ll
A
9. Under Virginia Code § 15.2-2311, all proceedings in furtherance of the SP
Determination were stayed from November 7, 2017 (the date of the Petitioner's appeal
of the SP Determination) until February 5, 2018 (the date of the Petitioner's appeal of
the Albemarle BZA decision), a period of 90 days.
WHEREUPON, pursuant to Virginia Code § 15.2-2314, on due cause shown, the Court
hereby GRANTS the Petitioner's Motion for a Restraining Order, exteqding any applicable
submission time limits by the same 90-day period during which all proceedings in furtherance of
the SP Determination were stayed.
DATE:
C�
Prepared at the direction of the Court: T
Respectfully objected to on the grounds noted in th dent's esponse and at oral
argument, including:
1. Because over one ye has already passed since conditio approval of initial site plan
SDP2017-00009 o ay 10, 2017, that plan'has already expired, rendering both the
Petitioner's pre tion and its underlying Petition herein moot.
2. Circuit Courts lack j ction to directly review and/or vacate zoning officers'
determinations, that Jun iction being reserved to Boards of Zoning Appeals under Virginia
Code § 15.2-2311.
Andrew H. Herrick, VSB #3 236
Counsel for Respondent Board of Supervisors of Albemarle County, Virginia
Seen and
Evan D. Mayo, Esq.
Counsel for Petitioner Tiger Fuel Company
N,.
2
Patricia Saternye
From:
Andy Herrick
Sent:
Thursday, June 28, 2018 2:01 PM
To:
Amelia McCulley; Patricia Saternye
Cc:
John Blair
Subject:
FW: Tiger Fuel
Attachments: mot t vac & for restraining order w not of hearing.pdf; mot to vac exhibit A.pdf
Ladies,
FYI, in the attached Motion to Vacatc, Tiger Fuel is dislnai►ig the Coullty's retuni of its final site
plan. Notwithstanding the attorney's rhetoric, he repeatedly cites the wrong statute. I'll argaic against the attached
Motion when it is heard in Court and will keep you posted. Ylcasc rill if you have any questions or would like to
discuss in the nicantilnc. Thanks.
Andy Herrick
Sr. Asst. County Attorney
County of Albemarle
(434) 972-4067
Notice: This email may contain auorucy-client priaileged infomiation, privileged work product, or other confidential information. It is intended only for the designated
recipient. I1,you reccire this message amd are not a designated recipient Non arc reyttes
mistake. Thank vou. led to delete thismessage immediately and uotily me that you have received this by
From: Debbie Nelson <Debbie.Nelson @tremblaysmith.com>
Sent: Wednesday, June 27, 2018 3:32 PM
To: Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick <aherrick@albemarle.org>
Cc: Tom Albro <Tom.Albrp@tremblaysmith.com>; Evan Mayo <evan.mayo@tremblaysmith.com>
Subject: Tiger Fuel
Counsel, please see the attached file with the Court today. There will be no hard copy to follow.
Debbie Nelson, Legal Assistant to
Thomas E. Albro,
Thomas M. Hendell, and
Evan D. Mayo
Tremblay & Smith, PLLC
105-109 E. High Street
Charlottesville, Virginia 22902
Phone (434)977-4455
Facsimile (434)979-1221
Email: debbie.nelson(@tremblaysmith.com
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U
K1{-
�IRGI�P
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
Date: May 15, 2018
John Blair
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: SDP201800034 — Boyd Tavern Market — Final Site Plan
Date Submitted: N/A
Dear Mr. Blair:
Attached please find the draft letter of incompleteness, for the above named project, for the County
Executive's signature. The Final Site Plan was officially submitted on 5/7/18. So the 10 day period for
incompleteness is coming to a close. Please let me know if you have any modifications to the letter. I did
not mention the BZA appeal, but didn't know if it was appropriate to do so.
At your earliest convenience, please review this document. Should you have any questions or comments
please feel free to contact me.
Sincerely,
Paty Saternye, Senior Planner
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
psatemye@albemarle.org
(434)296-5832, phone ex.3250
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 - Fax (434) 972-4126
May 15, 2018
Justin Shimp
201 E. Main Street, Suite M
Charlottesville, VA 22902
RE: SDP2018-00034 Boyd Tavern Market — Final Site Plan
Mr. Shimp:
Pursuant to Section 32.4.3.1 of Chapter 18 of the Albemarle County Code, your application for Final Site Plan
review has been found to .be incomplete thus has not been accepted for official submittal for the following reasons:
[each reason is preceded by the applicable ordinance section and compliance with such section shall correct the
insufficiency]
1. [County Code §§ 22.2.2.11] The required SP was not requested and approved prior to submittal of the
final site plan. Condition #1 of the conditional initial site plan approval for SDP2017-00009 Boyd Tavern
Market dated May 10, 2017 stated, "... a Special Use Permit (SP) will be required to allow water usage of
more than 400 gallons per site acre per day. The SP will need to be approved prior to submittal of the final
site plan." Also, LOD2017-00027 dated October 9, 2017 determined the need for a SP for water
consumption for the use proposed with SDP2017-00009 Boyd Tavern Market. Since an SP for water usage
for the use proposed with SDP2017-00009 has not been approved the submission of SDP2018-00034 is
incomplete. ,
You may obtain reinstatement of review as provided by Section 32.4.3.1(e) of Chapter 18 of the Albemarle County
Code. This section requires resubmittal within fifteen (15) days of this disapproval and the submittal of a
reinstatement fee of $258. The date of disapproval is the date of this letter. In the event the developer fails to
resubmit the plan and required fee within the fifteen (15) day period, the plan shall be deemed to be disapproved and
a new application and fee shall be required for submittal of the plan. Please contact me at your earliest convenience
.if you have any questions or require additional information.
Sincerely,
Paty Saternye, Senior Planner
File: SDP-2018-00034
Cc: Owner: Virginia Oil Company Inc.
1100 Harris Street
Charlottesville, VA 22903
Applicant: Tiger Fuel Company
200 Carlton Road
Charlottesville, VA 22902