HomeMy WebLinkAboutLOD200800023 Letter of Determination 2008-11-13� GF ALB �.
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GINZP
COUNTY OF ALBEMARLE
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Department of Community Development
_ 401 -McIntire Roads North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
November 4, 2008
Richard E. Carter
Zunka, Milnor, Carter & Inigo, Ltd.
P.O. Box 1567
Charlottesville, VA 22902
Re: Faulconer Construction Company, Inc. — (TM 58, Parcel 37) Determination
of Vested Rights
Dear Mr. Carter:
This letter is in response to your letter requesting this determination. It is my
determination after consultation with the County Attorney's office, that the Faulconer
Construction Company use is vested in its rights under the present zoning ordinance.
As you know, if the ZTA 2005-007 Contractor's Storage Yard is approved, the Zoning
Ordinance classifications relating to this use will change.
The current use, "contractor's office & equipment storage yard" is permitted by -right in
the LI district. Under the pending zoning text amendment, the Faulconer Construction
Company use will likely necessitate issuance of a special use permit in the LI zoning
district. Because this is a previously approved, planned use which meets the criteria for
vesting, the use may not be prohibited or reduced by subsequent zoning legislation.
The three factors that determine whether vested rights exist under Virginia Code
§ 15.2-2307 and the relevant information for this determination are as follows:
1. Significant governmental act: The owner obtains or is the beneficiary of a
significant affirmative governmental act that remains in effect allowing
development of a specific project. Governmental actions on this property
include:
A. The preliminary site plan, (SDP 2002-1.28) wa's approved by the Planning
Commission on September 23, 2003.
B. The final site plan (SDP 04-023) was approved for the development of the
property (for this intended use) on April 26, 2007.
C. Site grading was approved with three WPO plans approved in 2004.
They are: WPO 2004-64, 65 and 66. A $247,000 water protection bond
($59,000 erosion; $188,000 stormwater & mitigation) was approved on
Richard E. Carter
November 4, 2008
Page 2
D. July 1, 2008. The erosion control permit (WPO 2004-65) was issued on
August 27, 2008.
E. Several subdivision plat approvals to accommodate this development.
(SUB 04-105 right-of-way dedication for a turn lane; SUB 04 -993 -
Easement plat; and SUB 04-245 and SUB 08-028)
2. Good faith reliance: The owner relies in good faith on the significant affirmative.
governmental act.
In a series of activities to develop the property for this use, the applicant has in
good faith pursued the project. The activities relevant to this determination
began after the September 23, 2003 preliminary site plan approval and have
continued to today. These activities include submittal of two site plans
(preliminary and final) three WPO plans and four subdivision plats. The
activities also include extensive clearing, grading and installation of stormwater
facilities.
3. Extensive obligations/substantial expenses in diligent pursuit: The owner incurs
extensive obligations or substantial expenses in diligent pursuit of the specific
project in reliance on the significant affirmative governmental act.
The applicant has incurred substantial expenses ($332,000) in the engineering,
planning and approvals of the various plans and permits related to the project.
They are currently in the process of clearing trees, grubbing and grading. They
have also installed one of the stormwater facilities to serve the development.
They are about % of the way through the necessary site work for this project.
The total site work is projected to cost $1 million..
In summary, this use as currently approved, constitutes a vested right for the owner. In
the future once the use is established and changes and/or further development of the
property is proposed for this use, it will be subject to the applicable Nonconforming
regulations in effect at that time.
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.
If you have any further comments or questions, please do not hesitate to. contact me.
Sincerely,
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Amelia G. McCulley, A.I.C.P.
Zoning Administrator