January 31, 2007
The Cox Company
220 East High Street
Charlottesville, VA 22902
RE: SDP 2006-081 Black Cat Road Service Station – Preliminary Site Plan Waiver Requests
Tax Map 94, Parcels 38 and 39
Dear Mr. Gordon:
The Albemarle County Planning Commission, at its meeting on January 23, 2007, denied the applicant’s request for SDP-2006-081, Black Cat Road Service Station to construct a convenience store with fuel pumps and the two waiver requests for critical slopes disturbance and disturbance of the buffer between zoning classifications for the following reasons.
Regarding Waiver of Section 21.7.3 – clearing of buffer between incompatible zoning classifications:
Regarding Waiver of Section 4.2.5 – disturbance of critical slopes:
1. Based on the location within the Entrance Corridor and the comments provide in the Engineering review section of the staff report, there are aesthetic concerns that have not been addressed.
2. The requirements of the Ordinance do not unreasonably restrict the use of the property. The preliminary site plan shows excessive grading activities, with some fill areas exceeding 20 feet, on the rural area portion of TMP 94-39 that is not required to support the preliminary site plan.
3. Granting the modification would not serve a public purpose of greater import than would be served by strict application of section 4.2.
Regarding Section 126.96.36.199 – Approval of the preliminary site plan:
This decision may be appealed to the Board of Supervisors by filing a written request with the Director of Community Development along with a fee of $240 within ten calendar days of the decision. (Zoning Ordinance Section 188.8.131.52 – Prelim SDP)
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Please contact me at your earliest convenience if you have any questions or require additional information.
David E. Pennock
Zoning and Current Development Division