HomeMy WebLinkAboutSDP201700020 Correspondence 2017-06-29Patricia Saternye
From: Justin Shimp, P.E. <justin@shimp-engineering.com>
Sent: Thursday, June 29, 2017 12:11 PM
To: Patricia Saternye
Subject: Re: Hansen Road Church SDP2017-20 - Initial
Hi Paty,
Yes, we request that the PC appeal be withdrawn. I submitted a request for LOD to zoning yesterday.
Thanks!
Justin Shimp, P.E.
434-953-6116
On Jun 29, 2017, at 9:57 AM, Patricia Saternye <psaternyekalbemarle.org> wrote:
Justin,
Did the memo I sent late last week (attached again here) alleviate your, and your client's, concerns
about the planning comment #3 for SDP2017-20 Hansen Road Church - Initial?
Please let me know if you are willing to withdraw the appeal of that comment.
As discussed, the planning commission has no ability to overturn a rezoning. Getting a determination is
the appropriate route for issues you have with an interpretation of a ZMA requirement.
Also, has a request for a zoning determination been submitted yet?
Thanks,
Paty Saternye
Senior Planner
Community Development
<image001.gif>
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternye@albemarle.org
www.albemarle.org
From: Patricia Saternye
Sent: Thursday, June 22, 2017 11:06 AM
To: andrew baldwin <andrew@corecville.com>; Justin Shimp, P.E. <iustin@shimp-engineering.com>
Cc: David Benish <DBENISH@albemarle.org>; Francis MacCall <FMACCALL@albemarle.org>
Subject: RE: Hansen Road Church
Mr. Baldwin and Justin,
Attached please find a memo from David Benish that clarifies the intent of planning comment #3 for
SDP2017-20 Hansen Road Church Initial Site Plan and explains how it will be interpreted as we move
forward.
This is to follow up both on the emails below and the phone conversation that Justin and I had this
Monday.
I hope this allays any concerns you have on the wording of the planning condition and whether another
Initial Site Plan would be required.
As Francis specifies below, in order to address the zoning decision, you will need to submit a request to
the zoning administrator for an official determination of the approval of ZMA2002-00008 regarding the
20,000sgft limitation.
As I think you probably know, that is a different process than the appeal you already submitted on the
planning comment.
If the attached memo attached alleviates your concerns about the planning comment please let me
know if you are willing to withdraw the appeal of that comment.
As mentioned to Justin on the phone, the appeal of the planning condition would not address the issue
of the interpretation of the ZMA. That is done through the process Francis has outlined below.
Thanks,
Paty Saternye
Senior Planner
Community Development
<image001.gif>
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
psaternye@albemarle.org
www.albemarle.org
From: Francis MacCall
Sent: Monday, June 19, 2017 10:21 AM
To: andrew baldwin <andrew@corecville.com>; Justin Shimp, P.E. <justin@shimp-engineering.com>
Cc: Amelia McCulley <AMCCULLE@albemarle.org>; David Benish <DBENISH@albemarle.org>; Patricia
Saternye <psaternye@albemarle.org>
Subject: RE: Hansen Road Church
Andrew,
The appeal filed is an appeal of the conditions of approval of the initial site plan through the site plan
regulations in Section 32 of Chapter 18.
In order to address the zoning decision, you will first need to submit a request to the zoning
administrator for an official determination of the approval of ZMA2002-00008 regarding the 20,000sgft
limitation. Your request should include a justification of your position regarding the zoning allowing the
uses to exceed 20,000sgft in the particular area shown with the site plan submittal. Please be advised
that when the words are explicit such as in this case regarding square footage, it is not an interpretation,
but the plain meaning of the words that are used. Specifically, you will want to address how you believe
this property is entitled to exceed the specific 20,000sgft limitation.
Please use this form to submit the determination request.
http://www.albemarle.org/upload/images/forms center/departments/Community Development/form
s/Zoning Applications/Official Letter of Determination. pdf
Francis
From: andrew baldwin [ nailto:andrew@corecville.com]
Sent: Friday, June 16, 2017 4:28 PM
To: Amelia McCulley <AMCCULLE@albemarle.org>; Justin Shimp, P.E. <lustin@shimp-engineering.com>;
David Benish <DBENISH@albemarle.org>; Francis MacCall <FMACCALL@albemarle.org>
Subject: Re: Hansen Road Church
Francis, any update? This as I am sure you know was a big blow to the project. We have over
100K invested in the project based on the county's feedback... We will pursue this legally if need
be and we have already filed an appeal. I hate to ever be controversial with the county as I
always want to maintain a solid relationship with everyone, but this is obviously a big deal and
potentially very costly one to my clients and myself.
Best
Andrew
On 6/16/17 2:55 PM, Amelia McCulley wrote:
Gentlemen,
Francis is taking the Zoning lead on this. Some of this has already been talked through
again with Legal as of yesterday.
From: andrew baldwin [mailto:andrew@corecville.com]
Sent: Friday, June 16, 2017 2:38 PM
To: Justin Shimp, P.E. <lustin@shimp-engineering.com>; David
Benish <DBENISH@albemarle.org>
Cc: Amelia McCulley <AMCCULLE@albemarle.org>
Subject: Re: Hansen Road Church
Yes, to back up Justin we had comments and staff meetings all supporting the
plan and square footages. David and Amelia, can we please get together first part
of next week to work talk this through.
Best
Andrew
<image002.png>
On 6/16/17 2:34 PM, Justin Shimp, P.E. wrote:
Hi David,
Following up on my voice mail the other day, we
really want to get some idea of which direction this
has to go. Could we get a meeting with you and zoning
to discuss this issue? We don't agree with the
comment as presented by Paty in the Initial approval
and need to understand our steps moving forward.
Thanks!
Justin Shimp, P.E.
434-953-6116
<SDP201700020 - Hansen Road Church Comment intent and interpretation 6-22.... pdf>
4