HomeMy WebLinkAboutSP200800009 Review Comments Special Use Permit 2008-12-01vIRGIN�
County of Albemarle
Department of Community Development
Memorandum
To:
Rebecca Ragsdale
From:
Bill Fritz
Division:
Zoning and Current Development
Date:
December 1, 2008
Subject:
SP 2008 — 09 Animal Wellness Center
I have been asked to comment on two issues relating to this project. The first is the need for a site plan, the
second is a sidewalk waiver. I will address each issue separately.
Site Plan
Ultimately a site plan will have to be approved for this site. The process for review of a site plan is contained
in Section 32 of the Zoning Ordinance. In short, it will require the submission of a plan meeting the
requirements of Section 32.5 (preliminary site plan content) and 32.6 (final site plan content). The current
plan submitted in support of the special use permit appears to be very close to meeting the requirements for a
preliminary site plan. You have also asked about the possibility of a site plan waiver. A site plan waiver is
permitted in accord with Section 32.2.2
32.2.2 The foregoing notwithstanding, after notice in accordance with section 32.4.2.5, the commission
may waive the drawing of a site plan in a particular case upon a finding that the requirement of
such plan would not forward the purposes of this chapter or otherwise serve the public interest;
provided that no such waiver shall be made until the commission has considered the
recommendation of the agent. The agent may recommend approval, approval with conditions, or
denial of such waiver. In the case of conditional approval, the agent in his recommendation shall
state the relationship of the recommended condition to the provisions of this section. No condition
shall be imposed which could not be imposed through the application of the regulations of section
32.0. (32.2.2, 1980; Amended 5-1-87)
If a waiver is requested the applicant should state which items of Sections 32.5 and 32.6 are not shown on the
plan and why, in the applicant's opinion, the information should not be required in this case. The applicant
should also provide information to help the commission to make the necessary findings to approve the waiver
request i.e. how the waiver serves the public interest and how granting the waiver is consistent with the
purpose of the ordinance. If a waiver is requested it is my recommendation that it be reviewed by the
Planning Commission at the same time as the Special Use Permit. If the two requests are reviewed
concurrently the review schedule would likely be affected due to the need to review the waiver request.
Sidewalk Waiver
The applicant has requested that they be permitted to delay installation of the sidewalk required by the
ordinance. Acting on behalf of the Agent I can grant modifications to the sidewalk requirement only as
permitted by Section 20.b.7(d) of the Zoning Ordinance which states:
D. Waivers from sidewalk requirements. In accordance with the procedures stated in subsection
20B.3(I), the agent may waive the requirements for a sidewalk and/or street trees where the
developer demonstrates that: (i) the Virginia Department of Transportation prohibits
establishing sidewalks and/or planting street trees; or (ii) existing utility easements prohibit
establishing sidewalks and/or planting street trees.
No information has been submitted indicating that either of the two conditions exists. The above language
from the ordinance refers you to section 20.b.3(i)1 which states:
Application. The applicant shall file a written request with the department of community
development stating why one or more of the applicable circumstances exist or criteria are
satisfied to allow the waiver to be granted.
The applicant has not submitted this information. Therefore, I am unable to make the necessary findings to
grant the waiver and therefore the waiver request is denied. The applicant may appeal this decision as
provided for by section 20.b.3(i)3.