HomeMy WebLinkAboutARB199800052 Approval - CountyC�pFAL
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COUNTY OF ALBEMARLE
- -- Department -of Community Development - -- -_
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
October 20, 2009
Mr. John Grady
2575 Dudley Mountain Road
North Garden, VA 22959
Re: 2222 Old Ivy Offices, SDP - 1998 -137 (Tax Map 60, Parcel 4613)
Dear Mr. Grady:
This letter is in response to your request for a determination of the validity of the above -
referenced site plan. It is my determination after consultation with the County
Attorney's office, that the continuation of development for the Old Ivy Office Building
under the site plan SDP - 1998 -137 is vested. Therefore, this property may be
developed in accordance with the approved site plan, unaffected by changes to the
County's Development Codes since the site plan's approval.
This determination is based on the following:
The factors that determine whether vested rights exist under Virginia Code § 15.2-
2307 and the relevant information for this determination are as follows:
Significant affirmative government act:
The final site plan, SDP - 1998 -137, was approved September 24, 1998 to allow the
construction of the office building. This final site plan is a significant governmental act
and has remained valid over the course of the past eight years by subsequent county
approvals for extensions. The site plan would have expired on September 24, 2003.
However the first of two extensions was granted by the Planning Commission on
August 19, 2003 extending the site plan approval to March 23, 2005. The second
extension was approved on March 15, 2005 extending the site plan approval to
September 22, 2006. A Letter of Revision was received and approved December 5,
2006. On July 28, 2003, a bond was posted and an erosion control permit was issued.
The applicant has renewed this permit annually since that time and has a current permit
that was recently extended in June 2009, which will remain active until June of 2010.
Good faith reliance:
In response to the prior acts, specifically the erosion control permit issuance and the
final site plan approval and the two subsequent extensions of the site plan, the owner
has pursued the project.
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The site work commenced in 2006 with a permit for footings and foundation. Site work
began; however, problems with the rock on -site hindered continuous work.
Extensive obligations /substantial expenses:
The owner has submitted financial spreadsheets, detailing various expenses involved.,in
the project. The owner entered into extensive obligations for the development of this
project prior to September 22, 2006. Expenses that have been incurred total
approximately $148,000 to include excavation work, and various permitting and project
management fees. An analysis by the County Attorney's office has determined that this
amount falls within the range found by the courts to be "extensive" or "substantial."
Diligent Pursuit
The applicant has diligently pursued the project since July 2003, as referenced in
financial documentation and by obtaining building permits, erosion control permits and
the extension of these permits in addition to the site plan extensions. The County
Attorney has determined that the claim of adverse economic conditions and the issues
with the resolution of Mr. Heichman's will, are relevant factors that the courts have
considered in determining whether an applicant has diligently pursued a project.
In summary, the development as currently approved on the site plan is vested and the
site plan remains valid and the project may develop under the local regulations (for
example, zoning and water protection) in effect on the date the site plan was approved.
Once the site is developed, any changes to the site must comply with the development
regulations in effect when the changes are approved. Assuming that the site is not
further changed but the development regulations are amended, the site may lawfully
continue as a nonconforming use or structure.
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,
Amelia G. McCulley, AICP
Zoning Administrator
Cc: Property owner, Colonnade Associates Limited Partnership
P.O. Box 7324
Charlottesville, VA 22906
Site plan file