February 5, 2007
Stephen von Storch
107 5th Street SE
Charlottesville, VA 22902
RE: SP-2006-008 SOCA South Fork Expansion (Sign #66)
TM 46 Parcels 22 and 22C
Dear Mr. von Storch:
On January 23, 2007, the Albemarle County Planning Commission unanimously approved a motion to recommend denial of the above-noted Special Use Permit to the Board of Supervisors. This recommendation of denial was based on the following justification stated in the staff report:
1. This request does not conform with the Land Use Plan policy that this “critical” section of the Rural Areas “is to remain in an open state as a buffer between the Urban Area and the Community of Hollymead.”
2. The soils on the site cannot support septic fields, and the proposed use could only be supported by an extension of the ACSA jurisdictional area. The “Public Water and Sewer” section of the Comprehensive Plan clearly states that “Rural Area development will be served by individual water and septic systems only.” The “Alternative Uses” section of the Rural Areas chapter of the Comprehensive Plan states that such uses should be “viable with no increase in public infrastructure or services, either at time of approval or later.”
3. The proposed use includes approximately 39,220 square feet of new building space for the arena and its support facilities. This is a large structure for the Rural Areas and is not in keeping with the Comprehensive Plan intent to maintain this area as a buffer between the Development Areas. Only 15 other buildings greater than 30,000 square feet exist in the Rural Areas, and 14 of those are by-right uses.
4. With the investment needed for such facilities, they are unlikely to be “reversible” to farming, forestry, or open-space uses as recommended under “Alternative Uses” in the Rural Areas chapter of the Comprehensive Plan.
5. The existing dwelling to the east, and other existing or future dwellings on nearby properties, would potentially be impacted by noise from outdoor activities.
The Commission also included an additional comment concerning the significant danger in increasing traffic on Polo Grounds Road through the railroad overpass, noting that this is probably the most dangerous overpass in the County.
Regarding the Waiver Request for Modification Of Section 4.2.3 To Allow Activity On Critical Slopes:
By a vote of 6:1, the Planning Commission moved to deny the applicant’s request for a critical slopes waiver for SP-2006-008, SOCA South Fork Expansion, on the basis of the staff’s recommendation in points #1 and #2 on page 10 of the staff report.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at an upcoming meeting. The date of this meeting is to be determined. I will be contacting you soon to coordinate scheduling. Once the Board of Supervisors hearing date is set, please be advised that 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-one (21) days prior to your scheduled hearing. Please review the attached submission of materials policy established by the Board of Supervisors on December 7, 2005.
If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832.
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