HomeMy WebLinkAboutSDP201800062 Correspondence 2018-11-28Patricia Saternye
From:
Andy Herrick
Sent:
Wednesday, November 28, 2018 5:15 PM
To:
Patricia Saternye
Cc:
David Benish
Subject:
RE: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern
Market
Paty,
The timeline doesn't begin until the written Order leas been entered, which hasn't happened yet. Again,
I'll keep you posted. Tli Inks.
Andy Herrick
Deputy County Attorney
Notice: This email may contain attorney -client privileged information, prnileged work product, or other confidential information. It is intended only for die designated
recipient. If you receive this message and are not a designated recipient you are requested to delete tlris message immediately and notify me that you have received this by
mistake. Thank you.
From: Patricia Saternye
Sent: Wednesday, November 28, 2018 5:12 PM
To: Andy Herrick <aherrick@albemarle.org>
Cc: David Benish <DBENISH@albemarle.org>
Subject: RE: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market
Cool. Thanks O.
I just don't want to miss the deadline, and I'm not used to the timeline for the process after the verbal ruling.
Thanks,
Paty Saternye
Senior Planner
Community Development
{� pt' tirgA�L
U "� rr-
� 4
.l
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternve@albemarle.org
www.albemarle.org
From: Andy Herrick <aherrick@albemarle.org>
Sent: Wednesday, November 28, 2018 5:08 PM
To: Patricia Saternye <psaternve@albemarle.org>
Cc: David Benish <DBENISH@albemarle.org>
Subject: RE: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market
1
e.-(
Paty,
The Court has not yet entered a written Order in this case. You will have a task to accomplish 10 days
after that happens.
In short, my earlier message of November 1 (below) still applies. I'll keep you posted of any
changes. Thanks.
Andy Herrick
Deputy County Attorney
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 inmrediately and notify me that you have received this by
mistake. Thank you. ,
From: Patricia Saternye
Sent: Wednesday, November 28, 201810:09 AM
To: Andy Herrick <aherrick@albemarle.org>
Cc: David Benish <DBENISH@albemarle.org>
Subject: RE: SDP201800062 Boyd Tavern Market -.Final Site Plan & SP201800013 Boyd Tavern Market
Andy,
I just wanted to touch base in reference to the quick question I asked you in the parking lot the other day
Has the Court not yet entered a written Order in this case?
From your email below you sent below it is my understanding that I do have a task I have to accomplish 10 days after that happens.
Thanks,
Paty Saternye
Senior Planner
Community Development
}Ad t_+r Al,er�f
r
ur
4
I;7
-�J7Frpt,t'i-
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternve@albemarle.org
www.albemarle.org
From: Patricia Saternye <psaternve@albemarle.org>
Sent: Friday, November 02, 2018 8:05 AM
To: Andy Herrick <aherrick@albemarle.org>
Cc: David Benish <DBENISH@albemarle.org>
Subject: RE: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market .
Thanks!
It will probably hit during the holidays
2
' Paty Saternye
Senior Planner
Community Development
01 Al
I- r_
.D 4
•a� JAf�t!i\h
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternve@albemarle.org
www.albemarle.org
From: Andy Herrick
Sent: Thursday, November 01, 2018 9:05 PM
To: Patricia Saternye <psaternve@albemarle.org>
Subject: RE: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market
Paty,
Good question. As I Clunk we discussed, diough the Court ruled orally from die bench on October 22,
the Court has not yet entered a written Order in this case. Once it does, we'll have 10 days to determine the
(m)completeness of the previously -submitted applications. I'll let you know once the written Order has been
entered and the 10-day clock begun. Thanks for checking.
Andy Hemick
Deputy County Attorney
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.
From: Patricia Saternye
Sent: Wednesday, October 31, 201812:45 PM
To: Andy Herrick <aherrick@albemarle.org>
Subject: FW: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market
Andy,
With the court case ending as it did — am I supposed to send something out now?
Please clarify, from a site plan and Special Use Permit perspective if I need to take any action.
I think I need to send letters about incompleteness. Is that correct?
Thanks,
Paty Saternye
Senior Planner
Community Development
�Y
w
Albemarle County -
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternve@albemarle.org
www.albemarle.org
From: Patricia Saternye ~�
Sent: Wednesday, August 29, 2018 2:26 PM
To: Justin Shimp, P.E. <iustin@shimp-engineering.com>
Cc: Andy Herrick <aherrick@albemarle.ore>
Subject: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market
Justin,
Attached please find both the Site Plan and Special Use Permit letters acknowledging receipt, after the court ordered to
stay, for SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market Special Use Permit.
Please note that the hard copies of these letters being sent to you and the owner will be in a combined envelope as
well.
Thanks,
Paty Saternye
Senior Planner
Community Development
11 oil Ax.iir
� �yP
fit.
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternve@albemarle.ore
www.albemarle.org
From: Patricia Saternye
Sent: Friday, August 17, 2018 3:02 PM
To: Justin Shimp, P.E. <iustin@shimp-engineering.com>
Cc: Andy Herrick <aherrick@albemarle.org>
Subject: SDP201800062 Boyd Tavern Market - Final Site Plan
Justin,
Attached please find the letter stating the incompleteness of the SDP201800062 Boyd Tavern Market - Final Site Plan
submission and the reason for disapproval. Since the submission has been deemed to be incomplete it has not been
accepted for official submittal.
Please let me know if you have any questions.
Paty Saternye
Senior Planner
Community Development
Albemarle County
401 McIntire Road
Charlottesville, VA 22902,
434-296-5832 ext.3250
psaternye@albemarle.org
www.albemarle.org
Patricia Saternye
From: Andy Herrick
Sent: Thursday, August 16, 2018 8:19 AM
To: Patricia Saternye
Cc: David Benish; Bill Fritz, Francis MacCall
Subject: Tiger Fuel Applications
Attachments: Tiger Fuel Incomplete Application letter 180817 stay.docx; Tiger Fuel Incomplete
Application letter 180817.docx
Paty,
Thaiiks for meeting with me Tuesday and for taking my call this moniing. Here are alternate forms of the
letter regarding Tiger Fuel's final site plan application. If die Court grants a continued stay, we'll use the "stay"
version. I'll let you knnow if%wlnenn we hear from the Court. Otherwise, the default at this point. is to use the uou-
stay versions, rejecting die final site plank application tomorrow. As we discussed, we'll need similar letters (from
Francis?) for the incomplete SP application.
Let ,me know of army questions. Tlhannks.
Ahhdy Herrick
Sr. Asst. County Attonney
Notice: This email may contain attorney -client privileged in orntation, 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.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 17, 2018
Justin Shimp
201 E. Main Street, Suite M
Charlottesville, VA 22902
RE: SDP2018-00062 Boyd Tavern Market — Final Site Plan
Mr. Shimp:
This letter is to acknowledge receipt of your application for Final Site Plan review on August 8,
2018. Albemarle County Code § 18-32.4.3.1(c) requires the County's agent to determine
whether a final site plan is complete within ten (10) days after it was submitted. However,
pursuant to the Order of the Albemarle County Circuit Court in Case No. CL18000232-00, all
proceedings in furtherance of the action appealed from have been stayed. Therefore, the County
agent's review to determine completeness will begin upon the lifting or expiration of this stay.
Sincerely,
Paty Saternye, Senior Planner
File: SDP-2018-
Cc: Owner: Virginia Oil Company Inc.
1100 Harris Street
Charlottesville, VA 22903
Applicant: Tiger Fuel Company
200 Carlton Road
Charlottesville, VA 22902
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 17, 2018
Justin Shimp
201 E. Main Street, Suite M
Charlottesville, VA 22902
RE: SDP2018-00062 Boyd Tavern Market — Final Site Plan
Mr. Shimp:
This letter is to acknowledge receipt of your application for Final Site Plan review on August 8,
2018. Albemarle County Code § 18-32.4.3.1(c) requires the County's agent to determine
whether a final site plan is complete within ten (10) days after it was submitted. However,
pursuant to the Order of the Albemarle County Circuit Court in Case No. CL18000232-00, all
proceedings in furtherance of the action appealed from have been stayed. Therefore, the County
agent's review to determine completeness will begin upon the lifting or expiration of this stay.
Sincerely,
Paty Saternye, Senior Planner
File: SDP-2018-
Cc: Owner: Virginia Oil Company Inc.
1100 Harris Street
Charlottesville, VA 22903
Applicant: Tiger Fuel Company
200 Carlton Road
Charlottesville, VA 22902
Patricia Saternye
From:
Andy Herrick
Sent:
Thursday, August 09, 2018 3:39 PM
To:
Patricia Saternye
Cc:
David Benish; Amelia McCulley
Subject:
RE: Tiger Fuel BZA update meeting
Follow Up Flag:
Follow up
Due By:
Thursday, August 16, 2018 8:00 AM
Flag Status:
Flagged
Paty,
Tiger Fuel Company did in Tact file on August 8. Let's plan on meeting on Monday or Tuesday (August
13 or 14) to begin planning a response by next Friday (August 17). Thanks.
Andy Herrick
Sr. Asst. County Attorney
Notice: This email may contain attonicy-client privileged information, plwileged work product, or other confidential infomation. It is intended only for the desigmated
recipient. If you receive this message acid are not a designated recipient you are requested to delete this message immediately and notify me drat you have received this by
mistake. Thank you.
From: Patricia Saternye
Sent: Thursday, August 2, 2018 8:25 AM
To: Andy Herrick <aherrick@albemarle.org>; David Benish <DBENISH@albemarle.org>
Cc: Amelia McCulley <AMCCULLE@albemarle.org>
Subject: RE: Tiger Fuel BZA update meeting
Andy,
Attached please find the word version of the Boyd Tavern "incompleteness" letter.
In reference to your question, we can probably ask the intake staff to have all things for me forwarded to someone else
while I'm gone. I can ask.
However, it is not the normal procedure and therefore may not happen even if we ask.
David,
Should we ask the intake staff to forward all incoming things directly to me to go to someone else while I'm gone? Just
to insure if anything Boyd Tavern related comes in it can be addressed in a timely manner?
Thanks,
Paty Saternye
Senior Planner
Community Development
{, 01• Al.4
ZY
%P
Yr fR!'I!l�*I
Albemarle County
401 McIntire Road
F
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternye@albemarle.org
www.albemarle.org
From: Andy Herrick
Sent: Thursday, August 02, 2018 8:19 AM
To: Patricia Saternye <psaternye@albemarle.org>
Cc: David Benish <DBENISH@albemarle.org>; Amelia McCulley <AMCCULLE@albemarle.org>
Subject: RE: Tiger Fuel BZA update meeting
All,
Again, why would a paper submission be automatically routed directly to Paty's mailbox, knowing that
slie's away? Why can't there be forwarding instructions in Paty's absence (like at the Post. Office)? That might be
the best alternative. Thanks.,
Andy Herrick
Sr. Asst. County Attorney
Notice: This email may contain atlomey-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 nmessage immediately and notify nre that you have received this by
mistake. Thank you.
From: Amelia McCulley
Sent: Wednesday, August 1, 2018 5:21 PM
To: Andy Herrick <aherrick@albemarle.org>
Subject: RE: Tiger Fuel BZA update meeting
I think she's talking about the fact that it will be a paper submittal in her mailbox here.
From: Andy Herrick
Sent: Wednesday, August 01, 2018 5:18 PM
To: Patricia Saternye <psaternye@albemarle.org>
Cc: Amelia McCulley <AMCCULLE@albemarle.org>; David Benish <DBENISH@albemarle.org>
Subject: RE: Tiger Fuel BZA update meeting
Paty,
Why would a Tiger Fuel submission automatically go to your personal mailbox? Wouldn't/couldn't the
department intake simply "forward your mail" in your absence?
Andy Herrick
Sr. Asst. County Attorney
Notice: This email may contain attorucy-client privileged information, privileged work product, or other confidential information. II is intended only for the designated
recipient. If you receive this nmessage and are not a desigmated recipient you are requested to delete this nmessage inmmediately and notify me that you have received this by
mistake. Thank ),on.
From: Patricia Saternye
Sent: Wednesday, August 1, 2018 2:58 PM
To: Andy Herrick <aherrick@albemarle.org>
2
9
Cc: Amelia McCulley <AMCCULLE@ __ . narle.org>; David Benish <DBENISH@alk lrle.org>
Subject: Re: Tiger Fuel BZA update meeting
Andy,
I plan to be in the office tomorrow. I will try to send you the word version then.
I guess David Benish would be the person to contact in my absence.
I understand the 10 day deadline, but you are assuming that they will submit it exactly on that day and not
sooner.
If they submit it this coming Friday I would only have my first day back from vacation to get the letter turned
around. That is why I had chatted about getting it drafted ahead of time.
If they submitted it late on Friday it might not get into my box until Monday... Even if it comes earlier than
that i might not see it in time ... etc...
I don't know if David B. will want to assign someone to check my mailbox while I am gone in order to ensure
that any Boyd's Tavern submittal is received prior to my return.
Thanks,
Paty
From: Andy Herrick
Sent: Wednesday, August 1, 2018 2:42 PM
To: Patricia Saternye
Cc: Amelia McCulley
Subject: RE: Tiger Fuel BZA update meeting
Paty,
As it turns out, I pretty mucli sliared all the essentials over the plione on lie day of tie hearing. I don't
leave much else to add, except to answer any questions.
As for upcoming deadlines, I read County Code § 18-32.4.3.1(c) to allow tie County agent ten days from
submission to determine whether a final site plan is complete. In other words, even though a new final site plan
application would be due from die applicant by August 8, the County's review and response would not be due
August 8, but 10 days after the applicant's submission.
Miglit you have a MS -Word version of your earlier denial letter dial I miglit edit? Is there anyone else
that I should work with in your absence? Thanks.
Andy Herrick
Sr. Asst. County Attorney
Notice: This email may contain altonic3-client privileged information, privileged work product, or other confidential information. Il 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.
From: Patricia Saternye
Sent: Wednesday, August 1, 2018 2:31 PM
To: Andy Herrick <aherrick@albemarle.org>
3
Cc: Amelia McCulley <AMCCULLE@a', _ iarle.org>
Subject: Re: Tiger Fuel BZA update meeting
Andy,
I thought the meeting was for you to update us, not for use to ask questions. But of course I could
misinterpreted the purpose of the meeting.
The only thing you and I chatted about, that I might need from you, is any wording on another -denial letter.
As of yesterday they have not resubmitted the Final Site Plan, however you had mentioned that you thought
they might.
We chatted about the fact that I would still deny it but you would want to add some language.
Since I will be out all next week, IF they submit it again, I could have an extremely tight turn around window
to get the denial letter out once I'm back.
So, you and I chatted about getting that wording from you, about what has happened in the court case
about the denial, ahead of time.
They may not resubmit, and it might be a waste time, so it is up to you.
I don't think that is something we need to meet about, but I could be wrong.
Thanks,
Paty
From: Andy Herrick
Sent: Wednesday, August 1, 2018 2:11 PM
To: Patricia Saternye
Cc: Amelia McCulley
Subject: RE: Tiger Fuel BZA update meeting
Paty,
If you already have what you need from me, feel free to skip tomorrow's meeting. reel free also to contact
me directly if%when any questions arise. Good luck wide your other deadlines.
Andy Herrick
Sr. Asst. County Attorney
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.
From: Patricia Saternye
Sent: Wednesday, August 1, 2018 2:08 PM
To: Andy Herrick <aherrick@albemarle.org>
Cc: Amelia McCulley <AMCCULLE@albemarle.org>
Subject: Fw: Tiger Fuel BZA update meeting
Andy,
A
Is it important for me to particip in the Tiger Fuel BZA update tomorrc_ afternoon?
I'm in the middle of a major time crunch, and fearful of not meeting legal deadlines before the end of this
week.
Is it possible for me to not attend tomorrows meeting on the Tiger Fuel BZA update?
Thanks,
Paty
From: Amelia McCulley
Sent: Wednesday, August 1, 2018 1:53 PM
To: Patricia Saternye
Subject: RE: Tiger Fuel BZA update meeting
Can you ask Andy Herrick? It's his mtg.
From: Patricia Saternye
Sent: Wednesday, August 01, 2018 1:07 PM
To: Amelia McCulley <AMCCULLE@albemarle.org>
Subject: Tiger Fuel BZA update meeting
Amelia,
Is it important for me to participate in the Tiger Fuel BZA update tomorrow afternoon?
Even with overtime I still don't know if I'm going to be able to make the multiple legal deadlines I have either
this week or next week when I'm on vacation.
So, if it is not required I would like to beg off.
Thanks,
Paty
5
Patricia Saternye
From: Andy Herrick
Sent: Thursday, August 02, 2018 1:24 PM
To: Amelia McCulley; Patricia Saternye
Cc: David Benish
Subject: FW: Decision of Board of Zoning Appeal
Attachments: Itr to judge higgins 8-2-18 w draft order.pdf
Ladies,
The attached letter and proposal just arrived from Tiger Fuel's attorney. Please note Tiger fuel's
apparent plan (detailed at the bottom of the first page) to submit two site plans in the coming week. Let's discuss
this afternoon. Thanks.
Andy Herrick
Sr. Asst. County Attorney
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.
From: Debbie Nelson <Debbie.Nelson@tremblaysmith.com>
Sent: Thursday, August 2, 2018 1:00 PM
To: Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick <aherrick@albemarle.org>
Cc: Tom Albro <Tom.Albro@tremblaysmith.com>; Evan Mayo <evan.mayo@tremblaysmith.com>
Subject: Re: Decision of Board of Zoning Appeal
Gentlemen, please see attached. 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.nelsonPtremblaysmith.com
This message is intended only for the person(s) to whom it is addressed. It is PRIVILEGED and CONFIDENTIAL. Any dissemination,
distribution, copying, or use of this message or any of its contents, other than by the person(s) to whom it is addressed is prohibited
and may constitute a BREACH OF CIVIL OR CRIMINAL LAW. If this message has been delivered to you in error, please delete the
message from your system and contact the sender by reply e-mail or collect telephone call (434-977-4455 in the U.S.) as soon as
possible. Thank you.
r.
LAW OFFICES
TREMBLAY & SMITH, PLLC
E. GERALD TREMBLAY
M. E. (DicK) GIBSON, JR.
105 EAST HIGH STREET
1922-2003
THOMAS E. ALBRO
CHARLOTTESVILLE, VIRGINIA 22902-5115
LLOYD T. SMITH, JR.
MELISSA M. RATER
(434) 977-4455
1932-2018
THOTELEPHONE:
EvAN D. MAYO M. HENDELL
VAN D.
FACSIMILE: (434) 979-1221
OF COUNSEL
www.tremblaysmith.com
JOHN K. TAGGART, III
August 2, 2018
V�a'liani�=delvei��-
The Honorable Cheryl V. Higgins, Judge
Albemarle County Circuit Court
501 East Jefferson Street
Charlottesville, Virginia 22902
Re: In Re January 9, 2018 Decision of the Board of Zoning Appeals of Albemarle
County / Case No. CL18-232
Dear Judge Higgins:
As requested, I have enclosed my draft order relating to the July 20, 2018 hearing on my
client's Motion to Vacate and for a Restraining Order. The only point of disagreement between
the pariies;is whether'the court's order stayed:further;proceeaings on the decis on,app&1fi6d from
the:.BZA�" ding iesoliition of this case.T'liglast senfencej"'the last paragraplr:ofthir'order
represents our submission on this point.
Counsel for Tiger Fuel Company recall that the Court ruled that it issued a restraining
order under Va. Code § 15.2-2314 granting a stay -from further proceedings on the issue appealed
from and granting Tiger Fuel Company an additional 90 days to submit its final site plan.
Counsel for Tiger Fuel Company recall that the Court specifically ruled that it was granting the
stay on further proceedings based on "due cause shown" under § 15.2-2314.
In addition to matching the Court's clear language on July 20, 2018, including a stay
within the restraining order is the only way to achieve the purposes of the Court's ruling: without
the stay, the extension of time for Tiger Fuel Company to submit its final site plan would be
ineffective. Ms. Saternye's letter rejected Tiger Fuel Company's previous final site development
plan becab,se a special use permit -bad. go{;.been "suliimtte&mid approved`:" Tlie zpptoval,process
fora special use permit can lake ri'Afif iriontlis;.It requires'sehediiting a,pre-submission•meeting
with the County, a mandatory ten-day waiting period;, an: indetenplriate amouiit of tiirie
during which the County and the applicant dicker over the conditions of the special use permit. It
is impossible for Tiger Fuel Company to secure approval of the special use permit before August
8, 2018, which would presumably cause the County to once again reject the final site
development plan for the missing approval. Tiger Fuel Company would be left in the same
position in which it began when it filed its Motion for a Restraining Order.
If the Court imposed the stay, Tiger Fuel Company would plan to submit two final site
development plans by August 8, 2018: one which includes a special use permit application and
one which does not. When the Court resolves this appeal on its merits in October, the resulting
order could lift the restraining order's stay so that the County and Tiger Fuel Company could
move forward under the final site development plan that matches the court's ruling. A stay would
also streamline the issues for trial over the next two months by eliminating any further
TREMHLAY a SMITH, DLL-'..
The Honorable Cheryl V. Higgins, Judge
August 2, 2018
Page 2
disagreements over administrative decisions until after this Court resolves the underlying
dispute.
I respectfully request that the Court adopt the enclosed draft order, which best captures
the letter and spirit of the Court's July 20, 2018 ruling from the bench.
Very truly yours,
Evan D. Mayo
EDM
Enclosure
cc: Mr. Greg Kamptner, Esq. (via e-mail to'ghafiiptft albeinai'le:or ), (w/ enclosure)
Mr. Andrew Herrick, Esq. (via e-mail to aherric'Wialbemarle:org);`. (w/ enclosure)
Mr. Gordon Sutton (via e-mail to .g_suttoi(ctierfifelcoiri) (w/ enclosure)
Mr. Justin Shimp (via e-mail to, uri; ing erring com4_(w/ enclosure)
.`4
VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF ALBEMARLE
IN RE: )
JANUARY 9, 2018 DECISION )
OF THE BOARD OF ZONING APPEALS ) CASE NO. CL18000232-00
OF ALBEMARLE COUNTY )
CAME this 201h day of July, 2018, the Petitioner Tiger Fuel Company (the "Petitioner"),
by counsel, and the Respondent Board of Supervisors of Albemarle County, Virginia (the
"County"), by counsel, on the Petitioner's "Motion to Vacate and for Restraining Order" (the
"Motion"). Upon considering the Petitioner's Motion, the County's Response filed herein, and
the oral arguments of counsel, the Court hereby finds as follows:
1. Petitions for Writ of Certiorari to review decisions of Boards of Zoning Appeals
(BZAs) are statutory in nature, which statutes must be strictly construed.
2. The Virginia Code provides separate statutes for appeals of zoning officers'
determinations to BZAs and for appeals of BZAs' decisions to Circuit Courts.
3. Virginia Code § 15.2-2311 and Albemarle County Code § 18-34.3(f), which is derived
from it, apply only to appeals of zoning officers' determinations to BZAs.
4. Virginia Code § 15.2-2314 applies only to appeals of BZAs' decisions to Circuit
Courts.
5. Virginia Code § 15.2-2311(C) does not stay further proceedings.
6. On November 7, 2017, pursuant to Virginia Code § 15.2-2311, the Petitioner appealed
official Letter of Determination LOD2017-00027 for Parcel ID 09400-00-00-03900,
which was a determination of the need for a Special Use Permit for water consumption
for the use proposed with SDP2017-00009 Boyd Tavern Market (the "SP
Determination"), to the Albemarle County Board of Zoning Appeals (the "Albemarle
BZA").
7. On January 9,
Determination.
2018, the Albemarle BZA affirmed the zoning officer's SP
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.
1
t
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's 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 by extending any applicable
submission time limits by the same 90-day period during which all proceedings in furtherance of
the SP Determination were stayed, which allows the Petitioner to submit its final site plan on or
before August 8, 2018. In addition, the Restraining Order imposes a stay on all further
proceedings by the County on the decision appealed from.
ENTER:
DATE:
Prepared atahe:direcfon.ofalie:'Cour't:!
Resecifiilly, objected�,io: on the grounds noted in the County's Response and at oral argument,
including:
1. Because over one year has already passed since conditional approval of initial site plan
SDP2017-00009 on May 10, 2017, that plan has already expired, rendering both the
Petitioner's present Motion and its underlying Petition herein moot.
2. Under Virginia Code § 15.2-2311, the Petitioner would have had no more than a 63-day stay,
between the Petitioner's appeal to the Board of Zoning Appeals (11/7/2017) and the BZA's
actual decision (1/9/2018). With only a 63-day stay of the one-year time limit on initial site
plan submissions, the Petitioner's plan has still already expired, again rendering both the
Petitioner's present Motion and its underlying Petition herein moot.
3. Circuit Courts lack jurisdiction to directly review and/or vacate zoning officers'
determinations, that jurisdiction being reserved to Boards of Zoning Appeals under Virginia
Code § 15.2-2311.
Seen and
Andrew H. Herrick, VSB #37236
Counsel for Respondent Board of Supervisors of Albemarle County, Virginia
2
I ask for this:
Evan D. Mayo, Esq.,,,(, SB #89383)
Counsel for Petitioner Tiger Fuel Company
i
Patricia 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
At a hearing this morning in the Tiger Fuel BZA appeal, the Court granted Tiger Fuel's motion for a
restraining order, effectively extending Tiger Fuel's submission deadlines by 90 days. Tliat was die salve period
between Tiger Fuel's appeal to the BZA 01/7/2017) and its appeal from the BZA (2/5/2018), during which the
Court ruled that a stay was in effect. However, die 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, this 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 die Court asked me to prepare, and which I think fairly reflects tie
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 the meantime. Thanks.
Andy Herrick
Sr. Asst. 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 ) CASE NO. CL18000232-00
OF ALBEMARLE COUNTY )
ORDER ON PETITIONER'S MOTION TO VACATE AND F029MWRAINING ORDER
CAME this 20t' day of July, 2018, the Petitioner TigrlbemariI
mpany (the "Petitioner"),
by counsel, and the Respondent Board of Supervisorse County, Virginia (the
"County"), by counsel, on the Petitioner's "Motion aca and for Res ing Order" (the
"Motion"). Upon considering the Petitioner's the County's Response erein, and
the oral arguments of counsel, the Court hereby finds as follows:
1. Petitions for Writ of Certio*an to review decisions of Boards of Zoning Appeals
(BZAs) are statutory in naturend must be strictly construed.
2. The Virginia Code provides \aals
ate statutes for �ppeals of zoning officers'
determinations to BZAs and forof BZAs' decisions to Circuit Courts.
3. Virginia Code § 15.2-2311 and arle County Code § 18-34.3(f), which is derived
from it, gpply only to meals of zoning ffi ers' determinations to BZAs.
4. Virginia Code § 15.2- lies o to appeals of BZAs' decisions to Circuit
Courts.
Virginia Co 5.2-2 es not stay further proceedings.
November 7, pu ant to Virginia Code § 15.2-2311, the Petitioner appealed
o Letter of termination LOD2017-00027 for Parcel ID 09400-00-00-03900,
whic a det 'nation of the need for a Special Use Permit for water consumption
for the roposed with SDP2017-00009 Boyd Tavern Market (the "SP
Determina on"), 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.
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;�xd�tending any applicable
submission time limits by the same 90-day period during
the SP Determination were stayed.
DATE:
Prepared at the direction of the Court:
Respectfully objected to on the grounds not in th
argument, including:
1. Because over one ye has already passed s
SDP2017-00009 o ay 10, 2017, that plan
Petitioner's pre tion and its underlying
2. Circuit Courts lack j ction to directly revie
determinations, that Jun iction being reserved
Code § 15.2-2311. ,� -;
i
in furtherance of
and at oral
,onditioi
p1rapproval of initial site plan
already expired, rendering both the
Wtit'on herein moot.
nd/or vacate zoning officers'
3 Boards of Zoning Appeals under Virginia
Andrew H. HMV3B #36
Counsel for RespWt BogF of Supervisors of Albemarle County, Virginia
Seen and i
Evan D. Mayo, Esq.
Counsel for Petitioner Tiger Fuel Company
2
Patricia Saternye
From: Patricia Saternye
Sent: Tuesday, May 28, 2019 2:48 PM
To: Amelia McCulley; Francis MacCall
Cc: Andy Herrick; David Benish
Subject: FW: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern
Market
Attachments: 1060_001.pdf, SKM_364e_Ce18082912560.pdf
Amelia & Francis,
Here is a Boyd Tavern item that needs immediate action (see Andy's email below).
I'll be working on the site plan letter, but since I wasn't involved in the special use permit review I wanted to pull you
into the discussion ASAP.
Thanks,
Thanks,
Paty Saternye
Senior Planner
Community Development
u i
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternye@albemarle.orR
www.albemarle.org
From: Andy Herrick
Sent: Tuesday, May 28, 2019 2:04 PM
To: Patricia Saternye <psaternye@albemarle.org>
Cc: David Benish <DBENISH@albemarle.org>
Subject: RE: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market
Paty,
As we discussed, earlier today, I received lie Court's Final Order in Tiger Fuel's BZA appeal. Attached is
tie Final Order that was apparently entered April 12, but never sent to us.
As you may recall, Tiger Fuel filed bode a final site plan and an SP application with die County last August
8. Though the County attempted to act on bode applications last August 17 (within the allotted 10 days), die
Court subsequently stayed the CounLy's consideration of tliese applications, and the County'Arididrew its rejection
of both applications. Also attached are letters re -capping where we had left: matters widi die applicant late last
August.
I
Patricia Saternye
From: Andy Herrick
Sent: Tuesday, May 28, 2019 2:59 PM
To: Patricia Saternye
Subject: RE: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern
Market
Paty,
Thanks for clarifying and for forwarding my message where it needed to go.
Andy Herrick
Deputy County Attorney
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.
From: Patricia Saternye
Sent: Tuesday, May 28, 2019 2:45 PM
To: Andy Herrick <aherrick@albemarle.org>
Cc: David Benish <DBENISH@albemarle.org>; Amelia McCulley <AMCCULLE@albemarle.org>; Francis MacCall
<FMACCALL@albemarle.org>
Subject: RE: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market
Andy,
Thanks.
I was not involved in the SP review or letters.
I was only involved with the site plan submission & review.
Amelia was the "reviewer" specified in County View for SP2018-13.
So I'm going to copy her and Francis on this email and forward her your original message.
Thanks,
Paty Saternye
Senior Planner
Community Development
011.1I.IIf,-
u
J, 4
lT
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternye@albemarle.org
www.albemarle.org
From: Andy Herrick
Sent: Tuesday, May 28, 2019 2:04 PM
1
To: Patricia Saternye <psaternve@ai'ucrnarle.org>
Cc: David Benish <DBENISH@albemarle.org>
Subject: RE: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market
Pay,
As we discussed, earlier today, I received the Court's Final Order in Tiger Fuel's BZA appeal. Attached is
the Final Order that was apparently entered April 12, but never sent to us.
As you may recall, Tiger Fuel filed both a final site plan and an SP application with the County last August
8. Though die County attempted to act on both applications last August 17 (within the allotted 10 days), die
Court subsequently stayed die County's consideration of' diese applications, and die County withdrew its rejection
of bode applications. Also attached are letters re -capping where we had left matters with die applicant late last
August.
In any event, die entry of die Final Orders lifts die stay on die County's consideration of these
applications. We now have ten days to process Tiger Fuel's final site plan submission in SDP2018-00062 and SP
application in SP2018-00013. As we discussed, we may be able to re -use much of the earlier letters of
8/17/2018.
As we also discussed, please have new response letters ready by this Thursday, as I'll be out of die office
on Friday and all of next week. Let me know of any questions. Thanks.
Andy Herrick
Deputy County Attorney
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.
From: Patricia Saternye
Sent: Wednesday, November 28, 2018 5:12 PM
To: Andy Herrick <aherrick@albemarle.org>
Cc: David Benish <DBENISH@albemarle.org>
Subject: RE: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market
Cool. Thanks @.
I just don't want to miss the deadline, and I'm not used to the timeline for the process after the verbal ruling.
Thanks,
Paty Saternye
Senior Planner
Community Development
01 Al„yr
c r
J � 4
�rfRGl�r
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternve@albemarle.org
'✓ www.albemarle.org
From: Andy Herrick <aherrick@albemarle.org>
Sent: Wednesday, November 28, 2018 5:08 PM
To: Patricia Saternye <Psaternve@albemar.le.org>
Cc: David Benish <DBENISH@albemarle.org>
Subject: RE: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market
Paty,
The Court has not yet entered a written Order in this case. You will have a task to accomplish 10 days
after that happens.
In short, my earlier message of November 1 (below) still applies: I'll keep you posted of any
changes. Thanks.
Andy Herrick
Deputy County Attorney
Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. It is untended 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.
From: Patricia Saternye
Sent: Wednesday, November 28, 2018 10:09 AM
To: Andy Herrick <aherrick@albemarle.org>
Cc: David Benish <DBENISH@albemarle.org>
Subject: RE: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market
Andy,
I just wanted to touch base in reference to the quick question I asked you in the parking lot the other day
Has the Court not yet entered a written Order in this case?
From your email below you sent below it is my understanding that I do have a task I have to accomplish 10 days after that happens.
Thanks,
Paty Saternye
Senior Planner
Community Development
pl Al Y
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternve@albemarle.org
www.albemarle.org
From: Patricia Saternye <psaternve@albemarle.org>
Sent: Friday, November 02, 2018 8:05 AM
3
To: Andy Herrick <aherrick@albemai-w.org>
Cc: David Benish <DBENISH@albemarle.org>
Subject: RE: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market
Thanks! ,
It will probably hit during the holidays
Paty Saternye
Senior Planner
Community Development
ti� lll' .Sd&'k,
�fRGlt�"
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternve@albemarle.org
www.albemarle.org
From: Andy Herrick
Sent: Thursday, November 01, 2018 9:05 PM
To: Patricia Saternye <psaternve@albemarle.org>
Subject: RE: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market
Paty,
Good question. As I think we discussed, though the Court ruled orally from the bench on October 22,
the Court leas not yet entered a written Order in dlis case. Once it does, we'll have 10 days to determine the
(in)completeness of the previously -submitted applications. I'll let you know once the written Order leas been
entered and the 10-day clock begun. Thanks for cllecking.
Andy Herrick
Deputy County Attorney
Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. It is intended only for die 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.
From: Patricia Saternye
Sent: Wednesday, October 31, 2018 12:45 PM
To: Andy Herrick <aherrick@albemarle.org>
Subject: FW: SDP201800062 Boyd Tavern Market - Fihal Site Plan & SP201800013 Boyd Tavern Market
Andy,.
With the court case ending as it did — am I supposed to send something out now?
Please clarify, from a site plan and Special Use Permit perspective if I need to take any action.
I think I need to send letters about incompleteness. Is that correct?
Thanks,
R
1
f f Paty Saternye
Senior Planner
Community Development
<, p11 Al
_ P
J '4
tt
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternye@albemarle.org
www.albemarle.org
From: Patricia Saternye
Sent: Wednesday, August 29, 2018 2:26 PM
To: Justin Shimp, P.E. <justin@shimp-engineering.com>
Cc: Andy Herrick <aherrick@albemarle.org>
Subject: SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market
Justin,
Attached please find both the Site Plan and Special Use Permit letters acknowledging receipt, after the court ordered to
stay, for SDP201800062 Boyd Tavern Market - Final Site Plan & SP201800013 Boyd Tavern Market Special Use Permit.
Please note that the hard copies of these letters being sent to you and the owner will be in a combined envelope as
well.
Thanks,
Paty Saternye
Senior Planner
Community Development
,d pl Al
J •�— r
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternye@albemarle.org
www.albemarle.org
From: Patricia Saternye
Sent: Friday, August 17, 2018 3:02 PM
To: Justin Shimp, P.E. <iustin@shimp-engineering.com>
Cc: Andy Herrick <aherrick@albemarle.org>
Subject: SDP201800062 Boyd Tavern Market - Final Site Plan
Justin,
E
Attached please find the letter stating the incompleteness of the SDP20180006z Boyd Tavern Market - Final Site Plan
submission and the reason for disapproval. Since the submission has been deemed to be incomplete it has not been
accepted for official submittal.
Please let me know if you have any questions.
Paty Saternye
Senior Planner
Community Development
A�'4�
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternve@albemarle.org
www.albemarle.org