HomeMy WebLinkAboutSP201000046 Review Comments Special Use Permit 2011-02-09, of ALg�
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County of Albemarle
Department of Community Development
Memorandum
To:
Scott Clark
From:
Bill Fritz
Division:
Zoning and Current Development
Date:
February 9, 2011
Subject:
SP 2010 -46 and 47 New Hope Community Church
I have reviewed the additional information submitted by the applicant and discussed this project with
Glenn Brooks the County Engineer.
The applicant has submitted a critical slopes waiver. The area of disturbance consists of two areas. The
areas appear to total approximately 1,300 square feet. Review of these slopes is difficult. I am still of the
opinion that substantial revisions will be necessary to address the stream buffer issue.
The applicant has stated that the waiver "Should be granted because a strict application of the
requirements of Section 4.2 would not forward the purposes of Chapter 18 of the Albemarle County Code
or otherwise serve the public health, safety or welfare." The default interpretation of the ordinance is that
complying with the prohibition on critical slopes disturbance forwards the purpose of the ordinance and
protects the public health, safety or welfare. In order to grant the waiver the County must be able to
make one of two findings:
1. That granting the wavier would better forward the purpose of the ordinance; and
2. That granting the waiver better serves the public health, safety or welfare.
Typically, the disturbance of this small an area of critical slopes is supported by the County. However,
those cases occur in the development areas where staff has been able to make a finding that allowing the
critical slopes disturbance allows for the efficient use of the development areas which is consistent with
the public welfare based on provisions of the both the Zoning Ordinance and Comprehensive Plan. In
this case authorizing the critical slopes disturbance would facilitate development in the Rural Areas.
Based on the criteria used in the review of by -right developments I am unable to make the findings
necessary to support this waiver request. However, if a finding can be made during the special use permit
review that the construction of a church and the related soccer field advances the purpose of the
ordinance or somehow serves the public health, safety or welfare then this waiver could be supported.