HomeMy WebLinkAboutSP199000035 Legacy Document 2014-03-14COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832
March 6, 2014
C.W. Hurt
Hurt Investment Company
P.O. Box 8147
Charlottesville, VA 22906
Todd Barnett
The Field School of Charlottesville
P.O. Box 4234
Charlottesville, VA 22905
Fax (434) 972 -4126
Re: Amended Official Determination - Special Use Permit 1990 -35 Covenant
Church of God
Dear Messrs. Hurt and Barnett,
This letter hereby amends the prior determination dated October 4, 2013 (the "2013
Determination "), in which I found that SP 1990 -35 Covenant Church is no longer valid.
Based on new information subsequently provided to us, I am amending my
determination to find that SP 1990 -35 in fact remains valid. This new information
establishes that the use authorized by SP 1990 -35 "commenced" within the timeframe
required by former section 31.2.4.4 of the Zoning Ordinance.
A brief history of the facts follows:
• On June 6, 1990, the Board of Supervisors approved SP 1990 -35, Covenant
Church of God. This SP allowed new construction of an 800 seat church, subject
to seven (7) conditions.
• On December 6, 1990, Foster Well and Pump drilled a commercial well on the
subject property.
• On February 12, 1992, the Board approved (5 -2) an amendment to the
Albemarle County Service Authority's jurisdictional area to extend public sewer
service. (This jurisdictional area has subsequently been superseded by several
amendments.)
• On July 14, 1992, the County approved SDP 1991 -83, Covenant Church of God
Preliminary Site Plan.
C.W. Hurt
Todd Barnett
March 6, 2014
Page 2
• On July 17, 1992, the Zoning Administrator determined that SP 1990 -35 was still
valid. (the "1992 Determination ")
The 1992 Determination was issued to clarify that SP 1990 -35 had not expired by
operation of the Zoning Ordinance. The applicable regulations in effect at that time
provided that if the use had not commenced within 24 months after the permit was
issued, the permit was deemed abandoned. Specifically, former Section 31.2.4.4
provided:
In the event that the use, structure or activity for which any such permit is issued
shall not be commenced within eighteen (18) months after the issuance of such
permit, the same shall be deemed abandoned and the authority granted thereunder
shall thereupon terminate. For purposes of this section, the term "commenced"
shall be construed to include the commencement of construction of any structure
necessary to the use of such permit within two (2) years from the date of the
issuance thereof which is thereafter completed within one (1) year; provided that
the board of supervisors may, as a condition of approval, impose such alternative
time limits as may be reasonable in a particular case. (underline emphasis added)
The 1992 Determination considered only that the applicant had proceeded with a
preliminary site plan and a request to amend the Service Authority jurisdictional area.
That activity alone is insufficient to "commence" a use, structure or activity under the
ordinance, as noted in the 2013 Determination.
However, new information you have provided since the 2013 Determination shows that
a necessary "structure" was in fact "commenced" within 24 months after the permit was
issued, as required. Specifically, your new information shows that on December 6,
1990, Foster Well and Pump drilled a commercial well on this property for Pastor Bare
of Covenant Church. You have provided the uniform well completion report and an
affidavit from Donnie Foster. Joshua Kirtley with the Virginia Department of Health has
confirmed that this well appears to be consistent with the requirements for a commercial
well at that time. A well is considered a "structure" based on the following definition in
Section 3.1:
Structure: Anything constructed or erected, the use of which requires permanent
location on the ground, or attachment to something having a permanent location
on the ground. This includes, among other things, dwellings, buildings, etc. For
the purpose of the determination of setback, signs shall be excluded as a structure.
Therefore, construction of a well appropriate to serve the proposed use is considered
"commencement" of a necessary "structure."
C.W. Hurt
Todd Barnett
March 6, 2014
Page 3
In addition to commencement of a structure necessary to the use, the applicant
complied with several conditions of SP 1990 -35. In summary, SP 1990 -35 was timely
commenced and has not expired under former section 31.2.4.4 or its successor
regulations.
However, please note that the present determination is limited to the continuing validity
of SP 1990 -35. This determination does not address the other prerequisites for
development of the site under SP 1990 -35. Though not the subject of an official
determination, please be advised that those prerequisites include, but are not limited to:
Provision of Water and Sewer Service
The limited service jurisdictional approval by the Board on February 12, 1992 was
superseded by subsequent amendments to the jurisdictional area. The structures
proposed in SP 1990 -35 are not authorized for public water or sewer service, and must
either have public service re- extended or be served by private well and onsite sewage
system.
Site Plan
The previously- approved site plan has expired. Therefore, approval of an initial and a
final site plan are required to allow construction of any proposed structures for the uses
authorized by SP 1990 -35. The site plan will need to be consistent with SP 1990 -35 as
well as the Albemarle County Zoning Ordinance. Part of the site plan approval involves
VDOT approval of a commercial entrance. Condition #6 of SP 1990 -35 requires a joint
entrance also serving the residue acreage.
Water Protection Ordinance
The site plan and proposed grading plan will need to comply with the Water Protection
Ordinance (WPO). Please note that the new Virginia Stormwater Management
Program (VSMP) will be implemented in the Water Protection Ordinance effective July
1, 2014.
If you are aggrieved by this determination, you have a right to appeal it within thirty
(30) days of this notice, in accordance with Virginia Code § 15.2 -2311. If you do not
file a timely appeal, this determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning
Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning
Ordinance, along with a fee of $240 plus the actual cost of advertising the appeal for
public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville,
Virginia 22902 or online at www.albemarle.org /cdapps. This form applies to the appeal
of a decision of the zoning administrator or any other administrative officer pertaining to
the Zoning Ordinance.
C.W. Hurt
Todd Barnett
March 6, 2014
Page 4
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are
located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed
online at www .albemarle.org /countVcodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be
viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free
plug -in is available at the bottom of www.albemarle.org /cdapps.)
Sincerely,
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
Attachments:
SP 1990 -35