HomeMy WebLinkAboutSP201000038 Legacy Document 2011-09-0901Y AL
LIRG113t4+
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4012
September 8, 2011
Justin Shimp
P.O. Box 1113
Troy, VA 22974
RE: SP201000038 Badger Industrial & Critical Slopes Waiver Request
Tax Map 32 Parcel 5B
Dear Mr. Shimp:
On August 9, 2011, the Albemarle County Planning Commission recommend denial of the above -noted
Special Use Permit petition, by a vote of 5:1 and denied the Critical Slopes Waiver Request by a vote of
6:0. The Special Use Permit recommendation of denial was based on the following unfavorable factors:
• Fill is shown within the floodway
• Comp. Plan Open Space is disturbed
• Uncertainties within the applicant floodplain models
• Model shows the fill raising the flood elevation
• Uncertainty with the Erosion Sediment Control plan, if approved
• Proposal requires the disturbance of critical slopes
The critical slope waiver associated with SP 2010 -00038 was denied based on the fact the special use
permit was recommended for denial to the Board of Supervisors and on the finding that the waiver would:
- be detrimental to the public health, safety or welfare, to the orderly development of the area, or to
adjacent properties; and/or
- be contrary to sound engineering practices; and/or
- all four of the considerations listed in 18- 4.2.5.a.3.a -d.
Please be advised that the Albemarle County Board of Supervisors will review the Special Use Permit
petition and your appeal of the Planning Commissions denial of the Critical Slopes Waiver and receive
public comment at their meeting on October S, 2011. It is the Board of Supervisor's preference that a
public hearing not be advertised until all of the final materials for a zoning application have been received
by the County and are available for public review. Therefore any new or additional information regarding
your application, including final proffers if applicable, must be submitted to our office at least twenty -three
(23) days prior to your scheduled hearing date, which is October S, 2011.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296 -5832.
Sincerely,
Phil Custer
Civil Engineer I
Current Development Division
Cc: HMC Holdings LLC
995 Windsor RD
Charlottesville VA 22901 - -5044