HomeMy WebLinkAboutSUB200700120 Action Letter 2007-10-16aL
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4012
October 12, 2007
Justin Shimp
172 South Pantops Drive
Charlottesville, VA 22911
RE: SUB 2007 -120 Pounding Branch Phase II and SUB2007 -135 Pounding Branch Phase III
Dear Mr. Shimp:
The Planning Commission at its meeting on October 2, 2007 for the following reasons denied the
development proposals referenced above:
Regarding SUB - 2007 - 00120, Pounding Branch Phase II:
The Planning Commission cited Sections 10.3.3.2(a), (d) and (f) in their denial of this request. Staff found that
the agricultural land is located where development lots are proposed. If the lots were smaller in size some of
the agricultural and additional forestal lands could be preserved in an additional preservation tract. Under
subsection d, which provides that development lots shall not encroach into prime importantly unique
agricultural or forestal soils, staff noted that the development lots impact areas of prime and locally important
soils and that the impacts on these soils could be reduced by making the development lots smaller. Under
subsection f, development lots shall be so situated and arranged as to preserve historical and scenic settings
deemed to be of importance. On page 7, staff found that the building site for lot 15 was in conflict with that
provision.
The motion passed by a vote of 6:1.
Motion on Waiver #2 Disturbance of Critical Slopes:
The Planning Commission's denial was based on staff's recommendation that there is a potential alternative
location for lot 4 from Mechum's Edge Drive via an easement through lots 10 and 11.
The motion passed by a vote of 7:0 to deny the waiver for disturbance of critical slopes.
Motion on Waiver #3 to accommodate an additional entrance from the preservation lot #15 onto an
existing public street:
The motion passed by a vote of 7:0 to deny the waiver for the entrance.
Regarding SUB - 2007 - 00135, Pounding Branch Phase III:
The Planning Commission cited Sections 10.3.3.2(d), (e) and (f) in their denial of this request. The
Commissioners also noted that the entrance to the subdivision appears to go through the historic site
identified in the Historic Planner's comments for the project. The basis for denial would be subsections d, e
and f as noted in the staff report.
The Planning Commission also noted that the building site shown on the smaller preservation tract will require
impacting critical slopes as well because they are trying to put it on top of the hill.
The motion for denial passed by a vote of 5:2.
Motion on Waiver for Critical Slopes for SUB - 2007 - 00135, Poundinq Branch Phase III:
The critical slopes waiver request for SUB - 2007 - 00135, Pounding Branch Phase III was denied for the same
reasons.
The motion for denial passed by a vote of 7:0.
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.
Please contact me at your earliest convenience if you have any questions or require additional information.
Sincerely,
Megan Yaniglos
Planner
Zoning and Current Development
cc: H &S PROPERTIES LLC
406 WELLINGTON DR
CHARLOTTESVILLE VA 22903
Ella Carey
Jack Kelsey
Glenn Brooks