COUNTY OF ALBEMARLE

EXECUTIVE SUMMARY

OWNER/APPLICANT: Nigel Bray, owner; Denico Development (Denise LaCour), applicant; The Gaines Group (Raymond E. Gaines/Charles Hendricks) consulting

BACKGROUND

The Luxor Commercial rezoning and accompanying special use permits to allow the drive-thru bank and  veterinary office were approved in October 2005. The project included a rezoning of 3.523 acres from R-6, and R-15 (Residential) to a Planned District Mixed Commercial (PDMC) and a rezoning of 1.377 acres from C-1 (Commercial) to PDMC to allow a 1,500 square foot bank and 80,000 square feet of mixed commercial, including an SP for the vet use. (Attachments A & B Location maps) The approval letter for the rezoning and special use permits, including proffers, and the staff report for original action are attached for reference. (Attachments C and D)

DISCUSSION

Section 31.2.4.4 of the Zoning Ordinance specifies that if the use, structure or activity for which a special use permit is issued is not commenced within twenty-four (24) months after the permit is issued, the permit shall be deemed abandoned or expire. The board of supervisors may, as a condition of approval, impose an alternative period as a condition of approval. SP 2005-002 for the Veterinary Office was not approved with a condition allowing any additional time to establish the use and the applicant is now requesting an extension of time to allow the use.

The purpose of the time period provision for special use permit approvals in the ordinance is to allow any ordinance changes to be applied at the time the extension is reviewed. It allows the County to consider whether there have been changes in circumstances such that the granting of the special use permit should be revisited. In the case of this request for extension, there is no reason to revisit the special use permit and there have been no ordinance changes since the SP was approved in 2005. The applicant has been delayed in establishing the vet use due to difficulties during the site plan approval process, including obtaining easements and complications with utilities on the site. The applicant is resolving these issues and has requested an 18-month extension of the special use permit approval.

RECOMMENDATION

Staff has found no unfavorable factors to this request and recommends approval of SP 2007-017 for the Veterinary Office, with the following original conditions of approval and a sixth condition added to specify the time extension:

1. A separate entrance and exit shall be provided for the clinic in accordance with Section d;
2. No outdoor exercise area shall be permitted;
3. A note shall be added to the plan to identify the two trees that are to be bonded;
4. The veterinary clinic be identified as located in building and;
5. Architectural Review Board issuance of a Certificate of Appropriateness;
6. Special Use Permit 2007-017 shall be valid 18 months from its date of approval.

ATTACHMENTS:

A.      Location Map-Aerial

B.     Location Map-Zoning

C.     Approval letter dated October 25, 2005 for ZMA 2004-012 Luxor Commercial & SP 2004-0038 & SP 2005-002

D.     Staff Report dated August 30, 2005 for ZMA 2004-12, SP 2004-38, and SP 2005-002

View PC actions letter

View PC minutes

Return to regular agenda