HomeMy WebLinkAboutSUB200700186 Action Letter 2007-11-20aL
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4012
December 3, 2007
Justin Shimp
172 South Pantops Drive
Charlottesville, Va 22911
RE: SUB2007 -00186 Pounding Branch, Phase IV - Preliminary Plat
Tax Map 72, Parcel 32A
Dear Mr. Shimp:
The Planning Commission at its meeting on November 20, 2007 for the following reasons denied the
development proposal referenced above:
Action on SUB - 2007 - 00186:
These sections pertain to the intent and design standards of Rural Preservation Development
proposals and maximum lots achievable by- right. The by -right plan as shown is not feasible, as it
impacts the stream buffers. The waiver discussed in the following section is also necessary to
support the current proposal.
In addition, staff recommends that the proposed building site for the preservation lot could be
relocated to avoid disturbance of areas designated in the Comprehensive Plan as Mountain
Overlay.
The plan as shown is not consistent with the criteria of Section 10.3.3 for granting approval of the
Rural Preservation Development.
The motion for denial passed by a vote of 6:0.
Action on Critical Slopes Waiver:
1. Strict application of the requirements of section 4.2 would not forward the purposes of this chapter or
otherwise serve the public health, safety or welfare, or that alternatives proposed by the developer
would satisfy the purposes of section 4.2 to at least an equivalent degree; or (Added 11- 15 -89)
Strict application of the requirement of section 4.2 would not forward the purposes of this chapter.
The applicant has not provided an alternative location or alignment of these streets or lots. While no
alternative location or alignment of these streets has been proposed, it appears that realignment of
the public streets would be possible, and would avoid significant areas of disturbance.
2. Due to its unusual size, topography, shape of the property, location of the property or other unusual
conditions, excluding the proprietary interest of the developer, the requirements of section 4.2 would
effectively prohibit or unreasonably restrict the use of the property or would result in significant
degradation of the site or adjacent properties. Such modification or waiver shall not be detrimental to
the public health, safety or welfare, to the orderly development of the area, or to adjacent properties,
or be contrary to sound engineering practices; or (Added 11- 15 -89)
Denial of this waiver would not prohibit or restrict the use of the property. While no alternative location
or alignment of these streets has been proposed, it appears that realignment of the public streets
would be possible, and would avoid significant areas of disturbance; however it appears that it would
result in the reduction of lots.
3. Granting such modification or waiver would serve a public purpose of greater import than would be
served by strict application of section 4.2. (Added 11- 15 -89)
Granting the waiver would not serve a public purpose of greater import.
The motion for denial passed by a vote of 6:0. (Ms. Joseph was absent.)
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 Division
MY /SM
cc: H &S Properties LLC
406 Wellington Dr
Charlottesville Va 22903