AGENDA DATE: 9/2/2015
TITLE:
Title
Extension of deferral request for ZMA201200007 and SP201300027 - 5th Street Commercial and Drive-Thru
BODY
SUBJECT/PROPOSAL/REQUEST: Additional extension of the deferral of a zoning map amendment request to amend proffers and application plan and a special use permit request to allow a drive-through. Scottsville Magisterial District.
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, Cilimberg, Benish, Grant
PRESENTER (S): Claudette Grant
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: The applicant submitted a rezoning application on October 15, 2012 (ZMA 2012-00007) to amend the Proffers and Application Plan and a special use permit application on December 9, 2013 to allow a drive-through (SP 2013-00027). The applicant subsequently deferred these applications twice, exhausting the allowable number of deferrals permitted by County Code § 18-33.4(r)(2) (See Attachment A) without Board approval. The first deferral requested by the applicant was granted on February 20, 2014. An extension of the deferral was granted by the Planning Director, as permitted by County Code § 18-33.4(r)(2), on February 12, 2015 for a six (6) month period, ending on August 31, 2015, to allow the applicant more time to resolve several outstanding issues. These applications have not been reviewed by the Planning Commission.
STRATEGIC PLAN: Goal 3. Development Areas: Attract quality employment, commercial, and high density residential uses into development areas by providing services and infrastructure that encourage redevelopment and private investment while protecting the quality of neighborhoods.
DISCUSSION: Since the extension of the indefinite deferral was granted by the Planning Director in February, the applicant has been working with staff to address several outstanding issues. The applicant has been making progress in resolving these issues, but remains in discussions with VDOT regarding the traffic impact analysis for the proposal. Those discussions with VDOT will not be completed by the August 31, 2015 deadline, and the applicant is requesting an additional extension of the deferral to December 31, 2015. As noted above, the applicant has exhausted the deferrals permitted in County Code § 18-33.4(r)(2), and additional extensions must be granted by the Board. Staff opinion is that the extension is justified in order to allow the applicant time to address issues identified during the review process, including the completion of the traffic study work.
If the extension is not granted by the Board, the applications will be deemed withdrawn under County Code § 18-33.4(r)(2) and the applicant will have to file new applications in order to proceed.
BUDGET IMPACT: There is no budget impact related to this report.
RECOMMENDATION:
Recommendation
Staff recommends that the Board approve the extension of the deferral of ZMA201200007 and SP201300027, 5th Street Commercial and Drive-Thru, to December 31, 2015.
ATTACHMENTS:
A - County Code § 18-33.4(r)(2)
B - Deferral Extension Letter from V. Wayne Cilimberg dated February 12, 2015