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Home My WebLink AboutSDP201000062 Approval - County 2011-03-16COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 March 16, 2011 Michael E. Derdeyn, Esq. 530 East Main Street Charlottesville, VA 22902 RE: SP201000043 Brown Collision Center Tax Map 61, Parcel 120E Dear Mr. Derdeyn: On March 9, 2011, the Albemarle County Board of Supervisors took action on the above referenced special use permit to permit an auto body shop in a Highway Commercial District on the above referenced parcel in the Rio District. No residential units are proposed. This special use permit was approved based on the following conditions: There shall be no storage of parts, materials or equipment except within an enclosed building; No vehicle awaiting repair shall be located on any portion of the property so as to be visible from any public road or any residential property, and shall be limited to locations designated on the approved site plan; and The site plan (SDP2010 -62, Sheet 1 of 1, dated 8/2/10, and prepared by Daggett & Grigg Architects) shall be amended with a Letter of Revision to update the parking space labels and to show all of the previously approved /required landscaping on the plan, and to show the relocated area where vehicles awaiting repair are kept from public view. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with conditions of the SPECIAL USE PERMIT; • approval of and compliance with a SITE PLAN amendment; and • approval of a ZONING COMPLIANCE CLEARANCE. In the event that the use, structure or activity for which this special use permit is issued is not commenced within twenty -four (24) months from the date of Board approval, it shall be deemed abandoned and the permit terminated. The term "commenced" means "construction of any structure necessary to the use of the permit." If you have questions or comments regarding the above -noted action, please do not hesitate to contact Ron Higgins at 296 -5832. Redevelopment- Emphasizes re -use of sites. Incorporates varying densities and gradually allows for an overall increase in density in the Development Areas to meet the goals of the Comprehensive Plan. This is not applicable. More detailed comments may be provided at a later date. Zonina The following comments related to zoning matters have been provided by Ron Higgins: • This will require a minor site plan amendment in order to relocate the area where vehicles awaiting repair are kept from public view. • The use of "body shop" is not currently listed in the HC district. However, the Planning Commission recommended approval of a ZTA adding this use to HC by special use permit. This will go to the BOS for public hearing and action in early 2011. Enaineerina and Water Resources The following comments related to engineering and water resources have been provided by Glenn Brooks: • This is an old site that does not meet the current ordinance requirements. There is plenty of room for improvement in stormwater management, circulation, access, etc. Entrance Corridor The following comments related to the Entrance Corridor Guidelines have been provided by Margaret Maliszewski: • The current SP plan shows two areas of existing trees to remain. There is additional landscaping on site that was required by the ARB with previous site plans, that is also "to remain ". It is confusing to show only some of the existing landscaping on the plan. The SP plan correctly identifies the parking spaces behind the building as the parking area for vehicles awaiting repair. This is a change from the previously approved minor amendment (SPD- 2010 -62). It is recommended that the site plan be amended with a Letter of Revision to update the parking space labels and to show all of the previously approved /required landscaping on the plan. Depending on the timing of the SP, this could be handled as a condition of approval, or a revised plan could be submitted for review at this time. Fire /Rescue This must comply with the Virginia Statewide Fire Prevention Code. Final approval is subject to field inspection and verification. VDOT Comments from VDOT are attached. SP Conditions The following types of conditions will be needed: 1) There shall be no storage of parts, materials or equipment except within an enclosed building. 3 2) No vehicle awaiting repair shall be located on any portion of such property so as to be visible from any public road or any residential property, and shall be limited to locations designed on the approved site plan. 3) Nothing herein shall be construed to limit the authority of the governing body in the review of any special use permit, including, but not limited to, the regulation of hours of operation, location of door and /or windows and the like. Resubmittal or Public Hearing Within 30 days of the date of this letter, please do one of the following: (1) Resubmit in response to these comments on a resubmittal date as published in the project review schedule (the full resubmittal schedule may be found at www.albemarle.org in the "forms" section at the Community Development page), OR (2) Request a public hearing be set with the Planning Commission based on the information provided with your original submittal (a date will be set in accordance with the Planning Commission's published schedule as mutually agreed to by you and the County), OR (3) Request indefinite deferral and state your justification for requesting the deferral. (Indefinite deferral means that you intend to resubmit/request a public hearing be set with the Planning Commission after the 30 day period.) If we have not received a response from you within 30 days, we will contact you again. At that time, you will be given 10 days to do one of the following: a) request withdrawal of your application, b) request deferral of your application to a specific Planning Commission date as mutually agreed to with staff, or c) request indefinite deferral and state your justification for requesting the deferral. If none of these actions is taken, staff will schedule your application for a public hearing based on the information provided with your original submittal. Unless you fail to respond within the time periods specified above, a public hearing with the Planning Commission will not be advertised until you advise us that the project is ready to proceed to a public hearing. At that time, a legal advertisement will be run in the newspaper and a staff report will be prepared to go to the Planning Commission. Please be advised that, once a public hearing has been advertised, only one deferral prior to the Planning Commission's public hearing will be allowed during the life of the application. The only exception to this rule will be extraordinary circumstances, such as a major change in the project proposal by the applicant or more issues identified by staff that has not previously been brought to the applicant's attention. As always, an applicant may request deferral at the Planning Commission meeting. Please feel free to contact me if you wish to meet or need additional information. Sincerely, Claudette Grant Senior Planner, Community Development C: S & B Realty Venture, L.L.C. Brown Charlottesville Motors, Inc. Rev. 6 -1 -10 2 Sincerely, Wayn Cilimberg Director of Planning CC: S & B Realty Venture LLC C/O Brown Toyota 960 Hilton Heights Road Charlottesville, VA 22901