HomeMy WebLinkAboutSDP200400030 Action Letter 2006-11-29 l 1 1 y O -
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,Room 227
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
November 29, 2006
Albemarle Baptist Church
James A. Winkey, James B. Nelson and James E. Wilder, Trs
P.O. Box 7057
Charlottesville, VA 22906
Dave Connolly
Artisan Construction, Inc.
1130 E. Market St
Charlottesville, VA 22902
Re: Official Determination Regarding SP-2001-047,Albemarle Baptist Church
Tax map 61,Parcel 1E
Dear Sirs:
The purpose of this letter is twofold: 1) to provide an official determination regarding the
validation of this special use permit and 2) to provide notice of the zoning violation relating to
tree removal. With regards to item#2, this letter also includes notice that a certificate of
occupancy for the new construction will be withheld until the violation has been abated.
1) Special Use Permit
The Albemarle Baptist Church received approval of SP-2001-047 on May 15, 2002. A condition
of that permit states:
8 Construction of Phase 1 [six-thousand (6.800)sq. ft sanctuary] shall commence within forty-eight
t481 months or this special use permit shall expire
On January 3, 2005 a building permit application was made for construction of the sanctuary. It
was reviewed and approved for issuance by a zoning reviewer on January 28, 2005. However,
other departments and agencies did not sign off on the building permit application until as late as
May and July of 2006. When a preliminary zoning was scheduled in October 2006, it was
discovered that the special use permit had expired and therefore, the building permit could not be
issued. In the ensuing discussions between the church's representatives and the County, it
became known that the well may have been constructed during the time the special use permit
was valid.
Albemarle Baptist Church 2 November 29, 2006
The following is a relevant excerpt from the Albemarle County Zoning Ordinance, Section 31.
31.2.4.4 REVOCATION
Any special use permit issued pursuant to this chapter may be revoked by the board of supervisors, after
notice and hearing pursuant to Virginia Code § 15.2-2204, for willful noncompliance with this chapter or
any conditions imposed under the authority of section 31.2.4.3. If the use, structure or activity for which a
special use permit is issued is not commenced within twenty-four(24)months after the permit is issued,
the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For
purposes of this section, if the use authorized by the permit requires the construction of one or more
structures,the term"commenced"means starting the lawful physical construction of any structure
necessary to the use authorized by the permit within twenty-four(24)months after the permit is issued.
The board of supervisors may,as a condition of approval, impose an alternative period in which to
commence the use,structure or activity as may be reasonable in a particular case. A determination that a
permittee has commenced a use,structure or activity under this section is not a determination that the
permittee has acquired a vested right under Virginia Code § 15.2-2307. (Amended 10-3-01)
This section states specifically that starting the lawful physical construction of any structure
necessary to the use qualifies as"commencing construction." A well is a structure. A well sized
and designed to serve a church is specifically necessary for this use. It therefore carries the force
of vesting the special use permit. The Board of Supervisors' approval granted this church 48
months to commence construction rather than the 24 months quoted in this section, thereby
giving them until May 15, 2006.
A copy of the well completion report was presented to this office stating that a well was
constructed for the church and completed on August 23, 2002. This construction of a well meets
the zoning ordinance test which requires the "lawful physical construction of any structure
necessary to the use" within the four years granted under SP 2001-047. With this knowledge, the
special use permit remains valid and did not expire. The County Attorney's office has been
consulted and agrees with this determination. (While the vesting analysis is used, it is not
legally a "vesting" under Virginia Code § 15.2-2307.)
2) Zoning Violation
Although the SP has now been determined to be valid, during the Preliminary Zoning inspection
related to building permit 2005-028NI, it was discovered that the site is technically in violation
of the conditions of SP 2001-047, SDP 2004-030 and the Architectural Review Board's
requirements regarding tree retention and the limits of clearing on the parcel. The issues are tree
protection and the limits of clearing including fencing. The following are the first two
conditions of the SP:
1 All requirements of the Architectural Review Board shall be met, including the site plan indicating the
existing tree line and specific trees of six (6) inches or greater and retaining significant trees
2 The church's improvements and the scale and location of the improvements shall be developed in
substantial compliance with the master plan entitled Albemarle Baptist Church. prepared by Dex A
Sanders, and dated 11128/01
The site plan shows tree protective fencing around the entire limits of clearing and "tree armor"
Albemarle Baptist Church 3 November 29, 2006
around individual trees. Neither the fencing nor the armor was installed or erected prior to
clearing. The limits of clearing were expanded beyond the approved plan and several trees
intended to be protected were removed. The County has issued the building permit for this
church, however, no certificate of occupancy will be issued unless and until all of the
following are amended and any new conditions are met: the special use permit (SP2001-
047), the site plan (SDP-2004-030) and the Architectural Review Board's certificates of
appropriateness (ARB-2003-183 and 2004-019). In conclusion, Albemarle Baptist Church
may not legally occupy the new structure until and unless the site is in compliance with
conditions of the special use permit, site plan and ARB approval. Please begin this
amendment approval process as soon as possible because it is a somewhat lengthy process.
If you are aggrieved by this determination, you have a 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. An appeal application
must be completed and filed along with the fee of$120. The date notice of this determination
was given is the same as the date of this letter.
Sincerely,
Janice D. Sprinkle
Deputy Zoning Administrator
Cc: SP2001-047
• 'i °i and 2004-019
Larry Davis, County Attorney
Lisa Green,Zoning Inspector
Jay Schlothauer, Building Official