HomeMy WebLinkAboutSP200900034 Review Comments 2010-03-24, of ALg�
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County of Albemarle
Department of Community Development
Memorandum
To: Summer Frederick, Senior Planner
From: Ron Higgins, Chief of Zoning
Division: Zoning Administration
Date: March 24, 2010
Subject: SP2009 -034, Re- Store' N Station Water Use — Comments and Official Determination
I have reviewed the information supplied by the applicant as well as the letters and memorandum
submitted by Joseph Associates (on behalf HE & J, Inc.) and Scenic 250. 1 have also reviewed previously
submitted materials for this project, the Shadwell Store SP and the ZTAs for the "400 gallon/acre /day"
provisions in the Albemarle County Zoning Ordinance. My comments are:
1. Whether the anticipated discharge is "domestic waste ":
-both the Albemarle County Code (Chapter 16) and the Department of Health website define the
discharge from the Re- Store'N Station to be within the limits of "domestic waste." This decision
was originally rendered in March of 2009 for this property and is not subject to appeal at this time.
2. Whether the proposed use(s) are permitted in the HC zoning district:
-the retail, office and gasoline sales elements of the proposed facility are all permitted uses in the HC
zoning district as listed in Section 24.2.1. Of these three uses, only gasoline sales is not explicitly
listed as a category of use. Gasoline sales have consistently been permitted as accessory to
convenience stores and are allowed under the category of use: automobile service station (Section
24.2.1 #3).
3. Whether the storm water re -use is considered "consumption" in the use category:
-Based on my research of the staff reports and minutes of the Zoning Text Amendments that established
and amended this special permit use:
This use category spoke of the Public Purpose being to "protect surface and groundwater
supplies from overdraft and pollution." It was also stated, in the February 13, 1985 minutes of
the BOS, that "Special Permit review would be required for both groundwater and surface
water withdrawal." Both of these remarks support the position that intercepting storm water
could be a form of consumption.
-It is agreed that the capturing of storm water and use of it prior to allowing it to discharge /recharge into
the ground is a form of consumption. However, since there is no reasonably practical way to quantify
this and separate it from other rainwater, it is not counted in the consumption figures. However,
because it is a form of consumption, the commission and board can consider this in their review
depending on how the water to be captured will be used in the proposed plan.
SP2009 -034 - 2 - March 23, 2010
Since Comments 2 and 3 above are determinations, in accordance with Section 15.2 -2311 of the Code of
Virginia, they may be appealed by any person aggrieved by the determinations. An appeal must be made
within thirty (30) days of the date this notice is given. If a person aggrieved does not file a timely appeal, this
determination shall be final. An appeal application must be completed and filed with the Zoning
Administrator and the Board of Zoning Appeals. A one time processing fee of $120 must accompany the
appeal application.
I have no other comments on the special use permit application.
Other recipients:
Jo Higgins
Marcia Joseph
Jeffries II, LLC