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HomeMy WebLinkAboutSP201300027 Review Comments Special Use Permit 2015-03-11• tl COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 March 11, 2015 Mr. E. Randall Ralston Manager FTV Investments, LLC 943 Glenwood Station Lane, Suite 101 Charlottesville, VA 22901 RE: SP2013-00027 — 5th Street Commercial Drive-Thru Dear Mr. Ralston: We have received your letter dated March 6, 2015, in which you requested that the indefinite deferral of the application for SP2013-00027 — 5th Street Commercial Drive-Thru be extended to coincide with the deferral extension recently granted for the associated ZMA2012-00007 — 5th Street Commercial. Section 33.4 (r) (2) of the Albemarle County Zoning Ordinance says: "When application deemed withdrawn. An application shall be deemed to have been voluntarily withdrawn if the applicant requested that further processing or formal action on the application be indefinitely deferred and the commission or the board of supervisors is not requested by the applicant to take action on the application within one (1) year after the date the deferral was requested. Upon written request received by the director of planning before the one (1) year period expires, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed use, the complexity of the review, and the laws in effect at the time the request for extension is made. Upon written request received by the clerk of the board of supervisors before the extension of the deferral period granted by the director expires, the board of supervisors may grant one additional extension of the deferral period determined to be reasonable, taking into consideration the size or nature of the proposed use, the complexity of the review, and the laws in effect at the time the request for extension is made. The timely receipt by the clerk of the extension request shall toll the expiration of the extended deferral period until the board acts on the request." The initial applicant, Katurah Rouell, requested an indefinite deferral of SP2013-00027 in an e- mail dated April 2, 2014, noting the need for additional time to complete the traffic study. You have indicated that your current request for an extension of the deferral beyond April 2, 2015 is 5"' Street Commercial Page. 2 March 11, 2015 based on changes in circumstances due to delays in the adjacent 5"' Street Station development (Wegman's) and the need to change the scope of your traffic study due to changes in proposed uses on the property subject to the ZMA2012-00007 and SP2013-00027 applications. You have. indicated that you anticipate the revised traffic study being completed in February, and therefore, plan to re -submit your application within the next 30 days. Based on the particulars of SP2013- 00027 and the associated ZMA2012-00007 application and the circumstances you describe relating to delays in the adjacent development and revisions to the traffic study, I can grant an extension of the deferral, for SP2013-00027 until August 31, 2015 to coincide with the deferral extension recently granted for ZMA2012-00007. Please be advised that in order to have a public hearing advertised for the last scheduled August Planning Commission meeting, August 18th material to be reviewed by staff and cotisidered at that public hearing must be re -submitted no later than.June 15, 2015. This allows for staffs comments to be provided to you onJuly 15, 2015 in advance of the legal ad for that public hearing being ordered. Should you desire a further extension of the deferral beyond August 31, 2015, a written request must be made by that elate to the Cleric of the Board of Supervisors. The Board can only grant one additional extension of the deferral period. I trust this extension will enable you to complete the work necessary to bring both ZMA2012- 00007, 5"' Street Commercial and SP2013-00027, 5t" Street Commercial Drive -Thru to public hearing with the Planning Commission before August 31, 2015. Please coordinate with Claudette Grant, the planner coordinating review of this proposal, regarding the submittal of new information and scheduling this for a.Planning Commission public hearing. Please do not hesitate to contact me should you have any questions. Sit erely, V. Wayne ilimbei Director of Plannin Cc; Claudette Grant, Senior Planner Amelia McCulley, Zoning Administrator Ella Carey, Clerk of the Board of Supervisors