HomeMy WebLinkAboutSP200900032 Other 2010-01-08II
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
January 8, 2010
Mr. Katurah Roell
9352 Rockfish Gap Turnpike
Afton, VA 22920
Re: SP2009-00032, 5t'' Street Plaza
Dear Mr. Roell:
This letter is to confirm that, as we discussed earlier this week, the purpose of the application referenced
above was to apply for an extension of time to begin work under SP 2007-00063, 5t" Street Development,
approved May 14, 2008. For special use permits valid on January 1, 2009, new state legislation extends
the period of time that the SP will be valid until July 1, 2014. Here is the County Attorney's explanation:
Although zoning regulations may require that an approved special use begin within a certain period of
time, Virginia Code § 15.2-2209.1(B) extends the period of validity for special use permits
outstanding on January 1, 2009 until July 1, 2014 if the special use permit is related to "new
residential or commercial development." If the special use permit is not related to new residential or
commercial development, then Virginia Code § 15.2-2288.4 applies and it extends the expiration date
for special use permits outstanding on January 1, 2009 until July 1, 2011. These statutory extensions
pertain only to the date by which the use must be started and does not apply to any requirement that a
special use be terminated or ended by a certain date or within a specified number of years (see
discussion of that issue in section 12-510).
It appears that within the context of the language above, a special use permit for fill in the flood plain
that would allow a commercial development is a special use permit "related" to new commercial
development, and SP 2007-063 remains valid until July 1, 2014.
It is County staff's understanding that, except for the extension of the date, no changes were included in
the new SP 2009-00032. This project is considered withdrawn. If a subsequent owner or lessor of the
property requires any changes, please contact the County to set up a preapplication conference to discuss
whether an amendment to the existing special use permit will be necessary. I have begun the refund
process for the fee paid for SP 2009-00032.
Sincerely,
Judith C. Wiegand
Senior Planner