HomeMy WebLinkAboutSDP200800012 Approval - County 2009-01-30vs
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January 30, 2009
Mr. Pat Lawrence, Senior Planner
Division of Zoning and Current Development
County of Albemarle
401 McIntire Road
Charlottesville, VA 22902
RE: South Pantops Condominiums, SPD 200800012
Request for Critical Slopes Waiver
Dear Pat:
Please consider this letter as an official request by the owner to appeal the condition of
approval laced on SDP 200800012 (South Pantops Condominiums). The condition of
_ . _ _
approval is as follows:
Fifteen (15) percent of the units shall qualify as affordable housing as described
in Section 18.4.3.
The condition was placed on the site plan in conjunction with approval of a critical
slopes waiver request, which was granted on January 20 of this year (please see
attached letter of approval).
In approving the critical slopes waiver, the Planning Commission acknowledged five
goals of the comprehensive plan which are positive components of the site plan:
1. The potential to create "workforce housing" in the Pantops community,
2. The pedestrian proximity to major employment centers,
3. Pantops community access to the Rivanna River trail system,
4. Connectivity of the Rivanna River trail system,
5. And design /construction of the River Trail in conjunction with Albemarle County planning efforts.
In addition, the Current Development Engineering Review noted that "there are no
engineering concerns with the proposed disturbance to the critical slopes that cannot be
alleviated with standard engineering and erosion control practices..." and therefore,
"engineering review has no objections to the approval of this critical slope waiver."
The site plan proposes 125 residential units on 13 -acres (zoned R -15) adjacent to the
State Farm Insurance headquarters and it is the intent of the owner to develop the site
in conjunction with the relocation of Martha Jefferson Hospital in 2012. It is reasonable
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to infer that the site development will provide affordable and workforce housing;
however the owner is not prepared to provide an affordable housing proffer with a final
site development plan. We furthermore suggest that a condition requiring 15%
affordable housing is not consistent with Section 4.2.5(a) 4 which states:
4. Conditions. In granting a modification or waiver, the commission may impose conditions
deemed necessary to protect the public health, safety or welfare and to insure that the
development will be consistent with the intent and purposes of section 4.2.
The intent and purposes of section 4.2 are stated as follows:
"It is hereby recognized that such development of critical slopes may result in: rapid and /or large -
scale movement of soil and rock, excessive stormwater run -off, siltation of natural and man -made
bodies of water, loss of aesthetic resource; and in the event of septic system failure, a greater
travel distance of septic effluent, all of which constitute potential dangers to the public health,
safety and /or welfare."
It is our position that these concerns were adequately addressed by Dominion
Development Resources and Albemarle County Current Development Staff, and that
the condition of approval has been applied in an inconsistent manner of approval.
Please call me if you have any questions or concerns.
Sincerel
Justin Shimp, for Owner
Dominion Development Resources, LLC
172 South Pantops Drive
Charlottesville, VA 22911
434.979.8121
CC: Virginia Land Company
Attach: January 30, 2009 Letter of Approval
June 10, 2008 Critical Slopes Waiver request
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