HomeMy WebLinkAboutSP201500032 Action Letter 2016-11-04COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (439 972-4126
November 4, 2016
Project Development LIc/Jo Higgins
2564 Mt. Torrey Road
Lyndhurst, Va. 22952
RE: SP201600032 Re -Store `N Station
Dear Ms. Higgins,
On October 12, 2016, the Board of Supervisors took action on your Special Use Permit request
to Construct approximately 20,000 square feet of additional commercial space and amend fuel
dispensing conditions, hours of operation and overnight parking limitations under Section
24.2.2(13) of the Zoning Ordinance on TMPs 055B0000000100 in the Whitehall District. The
Special Use Permit was approved by the Board's adoption of the attached resolution.
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; and
• approval of a ZONING COMPLIANCE CLEARANCE.
Before beginning uses as allowed by this special use permit or if you have questions regarding
the above -noted action, please contact Rebecca Ragsdale at (434) 296-5832 ext. 3226.
Sincerely,
William D. Fritz
Chief of Current Development
Administration Division
*Attachment*
RESOLUTION TO DENY
SP 2015-32 RESTORE'N STATION
WHEREAS, Jeffries 11, LLC is the owner of Tax Map and Parcel Number 055B0-00-00-00100 (the
"Property'; and
WHEREAS, a special use permit was approved by the Board for this property on November 3, 2010
(SP 2009-34), authorizing the use of 1,625 gallons of groundwater per day, which included conditions that
limited groundwater use, as well as conditions that restricted building size and other activities on the site in
order to restrict groundwater consumption; and
WHEREAS, Jeffries H, LLC filed an application for a special use permit to amend the conditions
associated with the approval of SP 2009-34 to allow an intensification of development and activities on the
Properly, and the application is identified as Special Use Permit 2015-32 Restore'n Station ("SP 2015-32");
and
WHEREAS, on June 7, 2016, after a duly noticed public hearing, the Albemarle County Planning
Commission recommended denial of SP 2015-32 by a 6 to 0 vote; and
WHEREAS, on September 14, the Albemarle County Board of Supervisors held a duly noticed
public hearing on SP 2015-32 and considered five proposed conditions and deferred action at Jeffries 11,
LLC's request to October 12, 2016; and
WHEREAS, on October 12, the Board considered alternative conditions proposed by Jeffries 11,
LLC 2016.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the
transmittal summary and staff report prepared for SP 2015-32 and all of their attachments for both the
September 14 public hearing and the October 12 meeting, the information presented at the public hearing, the
information submitted after the public hearing and prior to the Board's consideration of the application on
October 12, the information presented on October 12, the factors articulated by the Planning Commission in its
recommendation for denial and the factors relevant to this special use permit in AIbemarle County Code §§
18-1.4.10 and 18-33.8, the Albemarle County Board of Supervisors hereby denies SP 2015-32 for the
following reasons:
I - The conditions imposed in conjunction with SP 2009-34 are reasonable, were not challenged
following approval of SP 2009-34, and, therefore, should be retained without amendment; and
2. SP 2009-34 allows a reasonable use of the Property and a reasonable use exists on the
Property; and
3. Jeffries II, LLC presented average but not peak water use readings. Therefore, the Board
could not be assured that the peak water use demand would be at or below 1,625 gallons of groundwater per
day with the development and activities proposed by Jeffries II, LLC.
L Claudette K. Borgerson, do hereby certify. that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County., Virginia, by a vote of six to zero,
as recorded below, at a reguIar meeting held on October 12, 2016.
Clerk, Board of Vounty Supe.'06rs
Aye Nay
Mr. Dill
Y_
Ms. Mallek
Y
Ms. McKeel
Y
Ms. Palmer
Y
Mr. Randolph
Y
Mr. Sheffield
Y