HomeMy WebLinkAboutSP201000042 Legacy Document 2011-07-01� �'IRGINZP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4176
July 1, 2011
David M. Brown
599 Rocky Hollow Road
Charlottesville, VA 22911
Re: SP 2010 - 00042, David Brown Detailing and Repair
Dear Mr. Brown:
In reviewing our records concerning the above - referenced application, it has been at least 30
days since we have had any communication from you regarding this project.
In two previous letters to you (dated December 20, 2010 and March 7, 2011), County staff
requested a sketch plan that shows the structures, parking areas, and access to your property.
A plan was submitted, but it was not to scale and did not show the buildings, parking, and other
features of the site in accurate relationship to each other. Without such a plan, staff cannot
complete our review of your special use permit application because we cannot determine what
the current conditions are on the site —how far away from the stream the parking areas and
other activities are located. Staff also cannot develop or enforce conditions of approval for the
site or mitigation for the impacts of activities in the stream buffer without an accurate plan. Staff
would also use the plan to illustrate conditions that may be recommended for your site.
Also, after approval of a special use permit, preparation and submittal of a site plan will be
necessary. In order to satisfy site plan requirements, the plan must be to scale and show
structures, parking areas, and environmental features of the site accurately. If a waiver is
requested and approved, a sketch plan could be used as a site plan, thereby eliminating the
need for a second (site) plan. However, a waiver will not be approved unless the sketch plan
accurately depicts what is on the site.
It was staff's understanding that Dave Wyant was going to prepare a plan and submit it to the
County on your behalf. However, staff has not received the plan as of the date of this letter.
At this time, staff is ready to schedule your Special Use Permit application for a public hearing
before the Planning Commission. Staff will recommend denial of the special use permit because
we cannot complete the review and cannot develop an appropriate and enforceable set of
conditions, should the Board of Supervisors decide to approve the special use permit.
To assure that your application is proceeding to public hearing in accordance with state and
local codes, the County asks that you:
David M. Brown, SP 2010 - 00042, David Brown Auto Detailing and Repair, July 1, 2011
• Provide an appropriate sketch plan OR
• Request withdrawal of your application for the above - referenced project OR
• Request deferral of the application to a specific Planning Commission date to be
determined in accordance with the Planning Commission's published schedule and as
mutually agreed to by the applicant and County, OR
• Request indefinite deferral and state your justification for requesting the deferral.
If we do not receive any written correspondence concerning the above - referenced project by
July 11, 2011, we will schedule this project for a public hearing with the Planning Commission
with a recommendation for denial as described above.
If you request deferral of the application to a specific Planning Commission date and we do not
receive any written correspondence concerning the above referenced project by 60 days before
that specific date, we will schedule this project for a public hearing with the Planning
Commission on that specific date with a recommendation for denial as described above.
If you request an indefinite deferral, Sections 31.6.2(b)(2) and 33.7(b) of the Albemarle County
Zoning Ordinance state:
If the applicant requests that further processing or formal action on the application be
indefinitely deferred, the application (petition) shall be deemed to have been voluntarily
withdrawn by the applicant (petitioner) if the commission or the board does not take
action on the application within twelve (12) months after the date the deferral was
requested. Upon written request received by the director of planning (planning and
community development) before the application (petition) is deemed to be withdrawn,
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.
If no action is taken by the Planning Commission the above - referenced project within 12 months
from the date of your request for indefinite deferral, the project will be deemed withdrawn unless
you request with justification and are granted an extension of the deferral period by the Director
of Planning.
Thank you for your time and attention to this matter. You may contact me at: (434) 296 -5832, x.
3438 or by e-mail at: Iwiegand @albemarle.org
Sincerely,
Judith C. Wiegand
Senior Planner
Planning Division
Cc: David C. Wyant
4686 Garth Road
Crozet, VA 22932