HomeMy WebLinkAboutZTA201200012 Resolution of IntentATTACHMENT A
RESOLUTION OF INTENT
WHEREAS, the purposes of Sections 4.2, Critical Slopes, through 4.2.6, Exemptions, of the
Zoning Ordinance are to direct development away from critical slopes to more suitable terrain in
order to protect and conserve critical slopes, public drinking water supplies and flood plain areas,
and to reduce soil erosion, sedimentation, water pollution and septic disposal problems associated
with the development of critical slopes; and
WHEREAS, in order to achieve these stated purposes, Sections 4.2 through 4.2.6 establish
minimum requirements for building sites and the location of structures and improvements, including
septic systems, establish a procedure for modifying those regulations in particular cases, and
delineate a limited number of exemptions; and
WHERE As, the current regulations in Sections 4.2 through 4.2.6 have failed to allow the
purposes of these sections to be fully realized for various reasons including, but not limited to, their
failure to adequately distinguish the Comprehensive Plan's varying goals for development and
preservation in different parts of the County; their failure to acknowledge that critical slopes may
have different values depending on their location, including their proximity to waterways; and, their
failure to provide standards for slope grading and retaining walls that would provide long -term
safety, structural and surface stability, ease of maintenance, prevent erosion, be aesthetic, and be
complementary to adjoining properties; and .
WHEREAS, although Section 4.2.5 was amended on January 14, 2009 to authorize the
agent to approve the disturbance of critical slopes in limited circumstances on parcels outside of the
Rural Areas, Village Residential, and Monticello Historic zoning districts, the current regulations in
Section 4.2.5, pertaining to modifications and waivers, and Section 4.2.6, pertaining to exemptions,
still impose impediments to the purposes of Sections 4.2 through 4.2.6 being fully realized, and the
Board desires to, among other things, broaden the circumstances under which the agent may
authorize the disturbance of critical slopes on parcels outside of those three zoning districts and to
further clarify those disturbances that are exempt from the requirements of Section 4.2 through
-__ -- -- . -. - - -- NOW - -T- HERE -F - ORE;--- BE- -I -T -- RESOLVE -D -THAT for-- purposes -o#-- public - necessity, — ---- , - - - - --
convenience, general welfare and good zoning practices, the Board of Supervisors hereby adopts a
resolution of intent to amend Sections 4.2 through 4.2.6 and any other regulations of the Zoning
Ordinance deemed appropriate to achieve the purposes described herein.
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing
on the zoning text amendment proposed by this resolution of intent, and make its recommendation
to the Board of Supervisors, at the earliest possible date.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as
recorded below, at a regular meeting held on April 1-2009.
Clerk, Boardof county Supervisors
Ave Nav
Mr. Boyd Y
Mr. Dorrier Y
Ms. Mallek Y
Mr. Rooker Y
Mr: Slutzky Y
Ms. Thomas Y