Formal Request to Restore 200' Buffer

September 10, 2001

Sally Thomas

Chairwoman

Albemarle County Board of Supervisors

889 Leigh Way

Charlottesville, VA  22901

Dear Sally,

It has come to our attention that staff members of the County of Albemarle Department of Building Code & Zoning Services have removed references on the Zoning Map with regard to the two hundred (200) foot buffer on the westernmost boundary of the current Faulconer Property, Tax Map fifty-eight (58), parcel thirty-seven (37).

We have consulted our Attorney, Mr. Gayle Pickford, and he has affirmed our assertion that the buffer and therefore the Zoning Map, can only be amended or changed by the B.O.S., as such the B.O.S. is the only authority that can legally authorize a change in zoning status and a change in the Zoning Map.

You may not be aware that on July 16, 1970, the Albemarle County Board of Supervisors imposed the two hundred (200) foot buffer zoned A-1, (CUP-140), as a condition of rezoning the property on application from Mr. W.T. Dettor (ZMP-129).  In addition, on October 22,1975, the B.O.S. (ZMP-332) retained the two hundred (200) foot buffer as part of a further rezoning of the property.  Since the approval of ZMP-332 no further action has been taken by the B.O.S. to amend the status of the buffer.

On November 10, 1983, R.E. Vaughn, Director of Inspections, acting on a complaint from Mr. Thomas Hutchinson, investigated the existence of the buffer and determined that “this condition is in full force until amended/changed by the B.O.S.”  Despite this determination, and despite the clear and unambiguous wording in the Code of Virginia, (15.2-2297) Paragraph A., and repeated in the Albemarle County Code, Chapter 18, Section 33.3.1, that the buffer cannot be removed as part “of a new or substantially revised zoning ordinance”, the zoning map has been altered.

On September 13, 1994, in a memo from Jan Sprinkle to Bob Tucker, Ms. Sprinkle asserts that Ron Keeler and Larry Davis directed her to change the Zoning Map to remove the buffer. 

On May 15, 2001, Susan Carol Snead, Zoning Plans Reviewer, while working on the Faulconer Preliminary Site Plan, instructed Yadira Amarante, County Planner, to "remove the references to ZMAs 129 & 332 as they no longer apply." 

Again on July 24, 2000, in an e-mail response to Mr. Rick Carter, attorney for Faulconer Construction Company, Ms. Sprinkle asserts that the buffer has been rezoned.

Chapter 18, Section 1.7, Paragraph 3 of the Albemarle County Code, clearly states that the Zoning Administrator is responsible for “maintaining the Zoning Map”.  Paragraph 5 states that, “it shall be unlawful for any person to make unauthorized changes to the official Zoning Map.  Violations of this provision shall be punishable as provided in Section 37.0”.

We respectfully request that as the representative for this district on the B.O.S, that you take immediate action on this issue to restore the Zoning Map to its correct and legal form with regard to the two hundred (200) foot buffer.

Sincerely yours,