James v. City of Falls Church

694 S.E.2d 568, 280 Va. 31
Supreme Court of Virginia·Decided June 10, 2010·No. 090444·Published·Cited by 17 cases

Opinion

694 S.E.2d 568 (2010)

Katherine E. JAMES, Trustee of the Columbia Baptist Church, et al.
v.
CITY OF FALLS CHURCH, et al.

Record No. 090444.

Supreme Court of Virginia.

June 10, 2010.

*569 William M. Baskin, Jr. (Baskin, Jackson, Hansbarger & Duffett, on briefs), Falls Church, for appellants.

John E. Foster, City Attorney, for appellees.

Present: KOONTZ, KINSER, LEMONS, GOODWYN, MILLETTE, and MIMS, JJ., and LACY, S.J.

OPINION BY Justice CYNTHIA D. KINSER.

This appeal involves a landowner's application to consolidate three lots of real estate into one lot. The primary issue we decide is whether a zoning administrator's interpretation of an applicable zoning ordinance was binding, pursuant to Code § 15.2-2311(C), on a planning commission's decision whether to approve a consolidation application. Because a planning commission is not an "administrative officer" and because the zoning administrator did not issue a "written order, requirement, decision or determination," we conclude that Code § 15.2-2311(C) is not applicable in the situation before us. For these and other reasons, we will affirm the circuit court's judgment that the planning commission's denial of the consolidation application was based on the applicable ordinances, and was not arbitrary or capricious.

FACTS AND PROCEEDINGS

The trustees of Columbia Baptist Church (Columbia Baptist)[1] seek to consolidate seven contiguous lots of real estate located in the City of Falls Church (the City) into one lot containing approximately 5.7 acres. The seven lots range in size from 7,500 square feet to 156,791 square feet and are zoned either R-1A (low density residential district) or T-1 (transitional district) under the City's zoning ordinances. Three of the lots contain historic structures subject to the City's Historic and Cultural Conservation District (HCC) ordinances.[2]

Initially, Columbia Baptist, in a letter to the City's zoning administrator, requested "a zoning interpretation" to determine whether *570 Columbia Baptist could consolidate the seven lots. In a letter dated October 3, 2006, the zoning administrator responded that the consolidation would be permissible under applicable ordinances. The zoning administrator stated that although "the actual consolidation process is a Planning Commission function[,] the Zoning Code does provide for the circumstances arising out of an approved consolidation." Quoting Falls Church City Code (City Code) § 48-800(a), which states that a lot in the R-1A district on which an HCC-designated structure is located "shall not be reduced in size such that it no longer meets the minimum lot size, frontage, and setback requirements of a lot in the R-1A district," the zoning administrator concluded that Columbia Baptist's consolidation plan "results in a much larger lot and does so without reducing setbacks," thus satisfying the requirements of that ordinance. The zoning administrator further concluded that, pursuant to the applicable zoning districts, "there is a by right use available for the existing structures after a consolidation."

After receiving the zoning administrator's response, Columbia Baptist prepared its consolidation application and plat, which it filed with the City's Planning Division in January 2007. Several months later, a senior planner from the Planning Division submitted a report to the City of Falls Church Planning Commission (Planning Commission) regarding Columbia Baptist's consolidation application. According to the senior planner, the proposed consolidation would constitute a "subdivision" as that term is defined in City Code § 38-1 and, pursuant to City Code § 38-34(4), building sites must have the dimensions and areas required by the City's zoning ordinances.

Continuing, the senior planner concluded that the consolidation "would be reducing the size of several lots subject to the HCC district regulations to zero." The lot lines, therefore, would be "extinguished and a building site containing the minimum lot area for R-1A lots would not be provided for each of the designated structures," thus violating City Code § 48-800(a).[3] Since one of the HCC designated lots was already below the minimum lot size required in the R-1A district, the senior planner further concluded that any additional reduction in size would also violate the provisions of City Code § 48-800(a) prohibiting a "lot existing at the time of designation of the structure which is substandard with respect to the minimum lot size . . . requirements of a lot in the R-1A district" from being "further reduced in size." For these reasons, the senior planner recommended that the Planning Commission deny the consolidation application.

The Planning Commission subsequently considered Columbia Baptist's consolidation application along with the senior planner's report. Columbia Baptist argued that its proposed consolidation would not reduce the lot sizes to zero, but rather would increase the size of the lots to one larger lot. During the hearing, one of the Planning Commission members commented that the zoning administrator seemed to assume that a consolidation had already been approved. Some members also expressed concerns about the lack of information concerning what plans Columbia Baptist had for the property if the seven lots were consolidated. After discussion, the Planning Commission unanimously denied the application "for the reasons set forth in the [s]taff report and as stated in the [s]taff recommendations on Page 4 of the [s]taff report."

Pursuant to Code § 15.2-2260(E), Columbia Baptist filed a complaint in the Circuit Court of Arlington County, appealing the Planning Commission's decision. Columbia Baptist alleged that the Planning Commission's denial of "the consolidation application was not properly based on the applicable ordinances and was arbitrary and capricious." Therefore, Columbia Baptist asked the circuit court to approve its application or direct the Planning Commission to do so.

At a hearing before the circuit court, Columbia Baptist presented testimony from, among others, the zoning administrator, who stated that part of his job included "rendering *571 interpretations of the zoning ordinance." The zoning administrator also testified that he understood the consolidation had not been approved and that his interpretation of City Code § 48-800(a) was "for a potential application to consolidate." He further explained that he reviewed his response to Columbia Baptist's request for a zoning interpretation with the City's attorney and the general manager of the City's Development Services Department before sending it to Columbia Baptist, and noted that no one appealed his "determination" to the City's Board of Zoning Appeals. The zoning administrator reiterated his conclusion that, "[f]rom a zoning standpoint, there is no prohibition against a consolidation."

On cross-examination, the zoning administrator, however, conceded that subdivision of property is the responsibility of the Planning Commission. And, when asked if his conclusion "assumed a consolidation had been approved," the zoning administrator replied, "Yes." On re-direct, the zoning administrator then again stated that at the time of his response, he understood a consolidation of Columbia Baptist's seven lots had not taken place.

At the conclusion of Columbia Baptist's evidence, the City moved to strike the evidence. According to the City, Columbia Baptist failed to establish that the Planning Commission's disapproval was not properly based on the applicable ordinances, or was arbitrary or capricious.

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James v. City of Falls Church, 694 S.E.2d 568, 280 Va. 31 (Va. 2010).

694 S.E.2d 568 (James v. City of Falls Church) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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