HomeMy WebLinkAboutSP201700020 Staff Report 2018-07-05 (4)RESOLUTION TO DENY
SP 2015-32 RESTOREW STATION
W EREAS, Jeffries 11, LLC is the owner of Tax Map and Parcel Number 055BO-00-00-00100 (the
"Property"); and.
VMYYEAS, a special use permit was approved by the Board for this property on November 3, 2010
(SP 2009-341 authorizing the use of 1,625 gallows 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
W1WREAS, Jef ries Its 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
Property, and the application is identified as Special Use Permit 2015-32 Restose'a Station C'SP 2015-32');
and
WHEREAS, on Jame 7, 2016, afaw 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 Jeffdas IL
LLC's request to October 12, 2016; and
WHEREAS, on October 12, the Hoard considered alternative conditions proposed by Jeffries IL
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 meethng, the. information presented at the public hearing, the
information submitted after the public !nearing 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 Albemarle County Code §§
19-1.4.10 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 m-c reasonable, were not challenged
following approval. of SP 2009-34, and, therefore, should be retained without amendment; and
2. SP 2009-34 alIows a reasonable use of the Properly and a reasonable use rapists on the
and
3. Jeffnes H, LLC presented average but not peals 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. BorgersoA do hereby wrtify. that the foregoing 'writing is a tore, 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 regular meeting held on October 12, 2016.
Clerk, Board of ounty S
Aye lay
Mr. Dill
Y_
Ms. Mallak
Y
Ms. McKM
Y _
Ms. Palmer
Y
Mr. Randolph
Y
Mr. Sheffield
Y