HomeMy WebLinkAboutSDP200400071 Action Letter 2004-09-30•
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
September 29, 2004
Mechum's Trestle LLC
99 Bloomfield Road
Charlottesville, VA 22903
RE: SDP 2004 — 71 Mechum's Trestle Wayside Stand
Dear Sirs:
I have reviewed the plan submitted for a wayside stand on property located at the intersection of Routes 250/240/680. The
plan indicates a small stand area near Route 240 and use of all the parking areas shown on the previously approved, but now
expired, Caf6 No Problem site plan. I cannot approve the plan as submitted but can approve it with the following condition.
1. Parking is permitted only in the red shaded area shown on the attached plan.
This site is largely included within the Stream Buffer required by the Water Protection Ordinance, 17 -317B. Generally no
activity is permitted within the stream buffer. However some impact on the stream buffer is permitted based on Section Sec.
17 -321 which states in part:
Types of development which may be allowed in stream buffer by program authority.
Development in a stream buffer may be authorized by the program authority in the circumstances
described below, provided that a mitigation plan is submitted to, and approved, by the program authority
pursuant to section 17 -322:
3. on a lot which: (a) is located within a water supply protection area; or (b) was of record
on or after the date of adoption of this chapter and is located within other rural land: within the fifty (50)
horizontal feet of stream buffer that is the most landward, but only for stormwater conveyance channels or
other necessary infrastructure, and only if such development is determined by the program authority to be
necessary to allow a reasonable use of the lot. In all cases under this paragraph, the building site and the
sewage disposal system shall be located outside of the stream buffer;
5. on a lot on which the development in the stream buffer will consist of the construction
and maintenance of a driveway or roadway, and the program authority determines that the stream buffer
would prohibit reasonable access to a portion of the lot which is necessary for the owner to have a
reasonable use of the lot;
Glenn Brooks, who may act as the program authority, has field visited the site and determined the limits of the buffer and it
is this information that was used to determine where the parking may be approved. In making his determination staff has
used the location of trees on site which appear to be older than 6 years to determine the extent of any non - conforming
parking area for purposes of the Water Protection Ordinance. (The Water Protection Ordinance was adopted in August
1998).
As provided for by the Water Protection Ordinance, you may appeal the decision regarding the limits of the buffer to the
County Engineer, Jack Kelsey and then to the Board of Supervisors. (Reference Section 17 -311)
If you have any questions regarding this letter please feel free to contact me.
Sincerely,
William D. Fritz, AICP
Chief of Current Development