HomeMy WebLinkAboutSDP200900029 Review Comments Final Site Plan and Comps. 2009-05-11ALg�,��
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
May 21, 2009
Justin Shimp
c/o Dominion Development Resources
172 South Pantops Drive
Charlottesville, VA 22911
RE: SDP - 200900029 Luxor Commercial Center — (Lot A) Final Site Plan
Dear Mr. Shimp,
Thank you for your April 14th, 2009 submittal of the above mentioned final site plan. The final site plan
SDP2009 -00029 is hereby denied. The associated Special Use Permit (SP 2004 - 00038) approved for this use
has expired, and in accordance with Section 31.2.4.4 is no longer valid. Review of the above referenced final
site plan has been suspended until a special use permit allowing the proposed use is granted by the Board of
Supervisors.
Pursuant to Section 31.2.4.4 of Chapter 18 of the Albemarle County Code:
[31.2.4.41 Revocation of a Special Use Permit.
"Any special use permit issued pursuant to this chapter may be revoked by the board of
supervisors, after notice and hearing pursuant to Virginia Code § 15.2 -2204, for willful
noncompliance with this chapter or any conditions imposed under the authority of section 31.2.4.3.
If the use, structure or activity for which a special use permit is issued is not commenced within
twenty-four (24) months after the permit is issued, the permit shall be deemed abandoned and the
authority granted thereunder shall thereupon terminate. For purposes of this section, if the use
authorized by the permit requires the construction of one or more structures, the term
"commenced" means starting the lawful physical construction of any structure necessary to the
use authorized by the permit within twenty-four (24) months after the permit is issued. The board
of supervisors may, as a condition of approval, impose an alternative period in which to commence
the use, structure or activity as may be reasonable in a particular case. A determination that a
permittee has commenced a use, structure or activity under this section is not a determination that
the permittee has acquired a vested right under Virginia Code § 15.2- 2307. " (Amended 10 -3 -01) (§
31.2.4.4,12-10-80; Ord. 01-18(6),10-3-01)
SP2004 -038 granted drive -thru lanes for the proposed bank. Approval of the special use permit by the Board of
Supervisors on October 12, 2005 was taken as a separate action from the Zoning Map Amendment (ZMA2004-
012) approval which granted the rezoning of the parcels known as Luxor Commercial. To date, construction has
not "commenced" within the specified twenty four (24) month time frame, therefore, the special use permit is
deemed abandoned and the authority granted is therefore terminated. You may re -apply by following the
application process for a special use permit.
2. The Final Site Plan SDP2009 -029 is inconsistent with the approved application plan [ZMA2004 -012]. The
building footprint, the number of drive -thru lanes, and the stacking order are inconsistent with the Approved
Application Plan. You must file an "Application for Variations from Approved Plans, Codes and Standards of
Development. "
Please contact me at your earliest convenience if you have any questions or require additional information.
Sincerely,
Patrick Lawrence, Planner
Current Development
File: SDP - 2008 -121
Cc: Luxor, LLC
195 Riverbend Drive
Charlottesville, VA 22911
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