HomeMy WebLinkAboutSUB201600092 Review Comments Appeal to BOS 2019-04-26COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902
(434) 296-5832
Memorandum
To: Brian Mitchell, P.E., Townes Site Engineering (bitchell@cctownes.com)
David Mitchell, E.I.T., Great Eastern Management company (david@southern-classic.com)
From: Christopher Perez, Senior Planner
Division: Community Development — Planning
Date: April 26, 2019
Subject: SUB201600092 North Pointe Section 1— Associated Draft Preserved Slope Exhibits
I reviewed your exhibits to determine if the proposed uses and structures are permitted by right on the
County's preserved slopes, as is the case for all uses and structures who's location is expressly authorized
in the approved application plan, code of development, accepted proffers, approved special use permits,
and the approved special exception (critical slopes waiver) authorizing a waiver or modification of the
requirements of section 4.2.3, which was approved by the Board of Supervisors with the rezoning.
The good news is that the vast majority of the current proposal meets the above requirement and is
permitted. However, there are a few proposed uses and structures located on preserved slopes that do not
meet the above requirement and shall be relocated outside of the preserved slopes or relocated to the
previously approved locations as depicted in the rezoning's application plan. I offer the following
required changes:
1) [30.7.4(b)(1)(g)] Legislative zoning actions related to the underlying district. The proposed public
storm drainage pipe within the open space behind Lot 130 is not a use/structure permitted by right on
preserved slopes because it's location is not expressly authorized in the approved application plan, code
of development, accepted proffers, approved special use permits, and the approved special exception
(critical slopes waiver) authorizing a waiver or modification of the requirements of section 4.2.3, which
was approved by the Board of Supervisors with the rezoning. Revise.
2) [30.7.4(b)(1)(g)] Legislative zoning actions related to the underlying district. The proposed stormwater
management basin and public storm drainage pipe within the open space behind Lot 138 are not
uses/structures permitted by right on preserved slopes because their location is not expressly authorized in
the approved application plan, code of development, accepted proffers, approved special use permits, and
the approved special exception (critical slopes waiver) authorizing a waiver or modification of the
requirements of section 4.2.3, which was approved by the Board of Supervisors with the rezoning.
Revise.
3) [30.7.4(b)(1)(g)] Legislative zoning actions related to the underlying district. The proposed storm
drainage pipe between Lot 179 and Lot 180 is not a use/structure permitted by right on preserved slopes
because it's location is not expressly authorized in the approved application plan, code of development,
accepted proffers, approved special use permits, and the approved special exception (critical slopes
waiver) authorizing a waiver or modification of the requirements of section 4.2.3, which was approved by
the Board of Supervisors with the rezoning. Revise.
4) [30.7.4(b)(1)(g)] Legislative zoning actions related to the underlying district. Residential Lot 176 and
Residential Lot 194 are not uses permitted by right on preserved slopes because their location is not
expressly authorized in the approved application plan, code of development, accepted proffers, approved
special use permits, and the approved special exception (critical slopes waiver) authorizing a waiver or
modification of the requirements of section 4.2.3, which was approved by the Board of Supervisors with
the rezoning. Revise.
5) [30.7] Steep Slope Overlay District. The label: "wrong: should be managed (blue) " is not an accurate
label and shall be omitted.
6) [30.7] Steep Slope Overlay District. Once submitted the future apartment block will also be reviewed
for compliance with Section 30.7. Please take this into consideration when designing the proposed layout.
7) [Recommendation] Revise the exhibits to comply with the County's original request for a single
exhibit including all the requested data. Specifically, the exhibits did not depict critical slopes as
documented on the approved rezoning plans. This layer is requested for uses/structures permitted in areas
without critical slopes at the time of the rezoning but now these areas have preserved slopes.
If you would like to review the County Code's steep slopes overlay in Section 30.7, please click on the
LINK. Please contact Christopher Perez in the Planning Division by using cperezkalbemarle.org or 434-
296-5832 ext. 3443 for further information.