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Home My WebLink AboutSP202000005 Special Exception 2020-03-03• APPLICATION FOR A SPECIAL EXCEPTION Request for a waiver, modification, variati ❑ Variation to a previously approved Planned or substitution permitted by Chapter 18 (!45�7Development rezoning application plan or Code of Development = $457 OR ❑ Relief from a condition of approval = $457 Provide the following 3 copies of a written request specifying the section or sections being requested to be waived, modified, varied or substituted, and any other exhibit documents stating the reasons for the request and addressing the applicable findings of the section authorized to be waived, modified, varied or substituted. Project Name : ST; Q a C) — 0000 c Provide the following ❑ 3 copies of the existing approved plan illustrating the area where the change is requested or the applicable section(s) or the Code of Development. Provide a graphic representation of the requested change. ❑ 1 copy of a written request specifying the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation. T,4 Current Assigned Application Number (SDP, SP or ZMA) 5? Z-02-D-OX:--ODrj Tax map and parcel(s): 5$ k a - Z-D S$ Aa - 1 Applicant / Contact Person �N�(', 1`�id►►�pS L-LC-- n ` p zZ9 Address y(aD L.ocus-}-V�.� City C�oeSVi�l� State �/TZi oZ. Daytime Phone# ( q 3 y M7 -(oct O(oFax# ( N Email bm e1? cG %nQS _ Owner of Record L--E= �3v \ C - L-LC-.1 Address Z50(p FkQLCe— City 0lar\o4e>,AIke-- StateV N Zip ZZ91 � Daytime Phone# (4431A Email � bia5re& ckn-a County of Albemarle Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 • • APPLICATION FOR A SPECIAL EXCEPTION APPLICATION SIGNATURE PAGE If the person signing the application is someone other than the owner of record, then a signed copy of the "CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER" form must be provided in addition to the signing the application below. (page 3) Owner/Applicant Must Read and Sign By signing this application, I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner of the subject parcel(s) listed in County Records. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application, I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude su ritten commu}tion from also being sent via first class mail. 1.40 of Owner / Agent Print Name z Za'7 Zz) Date �34/-aa6 -l5'60 Daytime phone number of Signatory FOR OFFICE USE ONLY APPLICATION# Fee Amount $ --�— Date Paid By who? Fr,G�r/y L 1( Receipt #/ Ck#/ ,� By F1 APPLICATION FOR A SPECIAL EXCEPTION CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER This form must accompany this zoning application if the application' 1is not signed by the owner of the property. I certify that notice of the application for, C�f� �'� Gc� SSo�e5 VyU*A e z' - SPZ0Z-0 -CX=00-5 [Name of the application type & if known the assigned application #] was provided to N L— l--t--e-- C—� b [Name(s) of the record owners of the parcel] the owner of record of Tax Map and Parcel Number5-8A.Q _ z-o a...J SSA 2 — / q by deliZHand a copy of the application in the manner identified below: delivery of a copy of the application to —1 o�&V-t "-6 1QS on Z Z -7 1 Z-0 Date on Mailing a copy of the application to Date [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] to the following address [Address; written notice mailed to the owner at the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records satisfies this "Sigtature of Applicant c fie-,' cP k , �v, r Print Applicant Name zl z-t Z�o Date IVY PROPER CRITICAL SLOPES WAIVER - SPECIAL EXCEPTION REQUEST FEBRUARY 26, 2020 PREPARED BY: TIMMONS GROUP .,OUR VISION ACHIEVED THROUGH OURS. 608 PRESTON AVENUE, SUITE 200 CHARLOTTESVILLE, VA 22903 CRAIG KoTARSKI, PE Introduction A Special Exception is being requested per Section 4.2.5.a of the Albemarle County Zoning Ordinance for a waiver to grade within critical slopes to support the development of the Ivy Proper commercial development. Per Section 4.2 of the Albemarle County Zoning Ordinance, steep and critical slopes are protected and preserved throughout the County to reduce "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 ... all of which constitute potential dangers to the public health, safety and/or welfare." Within this application, we hope to demonstrate both the need for the critical slopes impact as well as the mitigation efforts implemented to ensure slopes are impacted responsibly in order to protect downstream land. Existing Conditions The subject property (parcels 058A2-00-00-02000 and 058A2-00-00-01400) is located off Ivy Road within Albemarle County. It is zoned Commercial (Cl), and the portion of the site being developed is currently undeveloped land. The land is partially paved, gravel surfaced, wooded, and pasture. The subject portion of the property is adjacent to the C&O Railroad Right -Of -Way to the north, Ivy Road to the South, commercial use to the East. Per Albemarle County GIS, there is an area of critical slopes located within the subject property. The majority of the slopes are located on the north side of the property, adjacent to the railroad right-of- way. Proposed Special Exception As proposed by the Special Use Concept Plan, Per Section 4.2.5.a.3, a critical slopes waiver may be granted if it is found that it would "not be detrimental to public health, safety or welfare, to the orderly development of the area, or the adjacent properties; would not be contrary to sound engineering practices." Additionally, the waiver request must prove that "strict application of the requirements of Section 4.2 would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare." Site Data and Extents of Proposed Disturbance: Site Area: 0.87 Acres (37,897 SF) Critical Slopes Located Onsite: 6,880 SF Proposed Critical Slopes Disturbance: 3,300 SF The critical slopes disturbance (see Image 1 below) is due, to the geometry of the parcels, the need for a septic system due to lack of public sewer service availability and the need to provide adequate parking to serve the proposed commercial building. The proposed building and associated parking have been minimized pushed towards the front property as much as possible in order to minimize disturbance of slopes. Additionally, a shared entrance has been proposed in order to consolidate access and create less overall disturbance and proposed impervious area. It is important to note, that the critical slopes located on site appear to be engineered and are a result of fill dirt placed during the railroad construction. Appropriate measures such as silt fence and sediment traps will be implemented during construction in accordance with the Virginia Erosion and Sediment Control Handbook. Post -construction stormwater runoff will be managed in accordance with the Virginia Stormwater Management Program procedures for water quality and quantity. 4' F.i D'a FF Vf1543 ]V .P K,u - `41 i H hV i \ 7 , 't'SE: iCAi, SLOPES a, CPiTICAL SLOPES PROPOSED SF P T!c SYSTEM , Image 1: Areas of critical slope disturbance proposed on site. 21",111 . Conclusion As detailed above, granting a waiver to disturb the critical slopes is not detrimental to the public health, safety and welfare or a detriment to the environment. The slopes in question are not environmentally sensitive, but rather are a result of fill dirt placed during the railroad construction. The site has been designed to minimize the impacts to the slopes, and care will be taken during construction to stabilize slopes and prevent silt -laden runoff and after construction to manage stormwOter runoff. Granting the slopes waiver would allow for the site to be developed in such a way that that is in line with the Comprehensive Plan. 3 1 P a g e f 24"HOPE ' lNV=53713 II ppLR N _.R,2080.`'8'" X5m2 G 8N6NpMB L,178.14 X539a' , r i I I gVC�dtllppiNB � T=895411" E 1 I c ° 24'HOPE I 1 - . •' - - Do .0 iN799' _ 7. OTAu. -_ p9. Xswe -- — — '_ — — — �• It 167. 1.5' CONC. BLOCK - - .. - _ _ , IMP SW-14 - J X512.5 ..-lENV1C. LLCM BRIDGEABUTMENT "" - - i ' - - 11 PG-750 D a.a7D, Pc.o1 ,� - - - _ _ _ � _.' �` — 525 D.B. 469, PG 008 xmr - _. _ _ ._ HEiGHTsicN ��' _ - ACRES .. - _ _ t r f.;j - I w H/GNWAYSIGN XffifA'l _ _ ._ -B(YWD X520.3 j`. L=20.89' T=10.45' d =1 °0053' CB=N55°4048'W C=20.89' SURVEYNOTES: 1. PROPERTY & ZONING INFORMATION TAX MAP PARCEL OWNER REFERENCE AREA ZONING 58142-14 LENVIC, LLC D.B. 3601, PG. 750 0.11 ACRES C7 5B42-20 LENVIC, LLC D.B. 3801, PG 750 0,76ACRES Cl 2 THE COMPILED PLAT OF THE PARCEL(S) SHOWN HEREON IS BASED ONA FI ELD -RUN SURVEY, RECOVERED EVIDENCE, AND DEEDS & PLATS OF RECORD IN THE CLERK'S OFFICE OFALBEMARLE COUNTY, VA. ALL DISTANCES SHOWNARE OF RECORDAND PER DEED BOOK469, PG 9. THIS IS NOTA BOUNDARYSURVEY, 3. NO TITLE REPORT PROVIDED; EASEMENTS MAYEXIST WHICHARE NOT SHOWN HEREON, 4. BASIS OF MERIDIAN /S NAD83 (NA2011), VIRGINIA STATE GRID, SOUTHZONE. VERTICAL DATUM IS N4VD88. 5. BASED ONFEMA FLOOD INSURANCE RATE MAP (FIRM),, MAPN0. 51003CO265D EFFECTIVE FEBRUARY4, 2005, PORTIONS OF THE SUBJECTPROPERTY LIES IN SHADED ZONEX, AREAS DETERMINED TO BEIN THE 0.2%ANNUAL CHANCE FLOODPLAIN. 6. THEPROPERTY SHOWN HEREON IS WITHIN THE SOUTHFORKRIVANNA RESERVOIR WATER SUPPLY WATERSHED PER COUNTY GIS. 7. THE PROPERTYSHOWN HEREON IS NOT LOCATED WITHIMAN AGRICULTURAL -FORESTAL DISTRICT, 8. THE PROPERTY SHOWN HEREON IS NOT WITHINAN ENTRANCE CORRIDOR OVERLAYAREA. i 1 7MP 58A2-20" X-4'\ LENVIC, LLC , - - - - - -. - _ _ \ m D.B. 3801, PG. 750 ♦♦'/: X .r D.B.470, PG.01 \ D.B. 469, PG. 009 X525.5 ACRES r BENCHMAR 1 TOP O 19.70' \ \ HHH ELEV=5>9J0' 9. THE PROPERTY SHOWN HEREON IS NOT WITHINANAIRPORT IMPACT OVERLAY AREA. 0 F,PITH `J+A 10. THIS TOPOGRAPHIC SURVEY WAS COMPLETED UNDER THE DIRECTAND RESPONSIBLECHARGEOFKRISTOPHERL, CA/STERFROMANACTUAL GROUND O� SURVEY MADE UNDER MY SUPERVISION THAT THE ORIGINAL DATA WAS OBTAINED Chi 9 ON THE FOLLOWING DA TE JANUARY02,2019, THIS PLAT, MAP AND DIGITAL Kristopher L Caister GEOSPA UAL DATA INCLUDING METADATA MEETS MINIMUM ACCURACY STANDARDS Lic.N0.3087 UNLESS OTHERWISENOTED, 01/11/2019 Zq�D 11. CONTOUR INTERVAL = V sit \ X5195 50ARD PENCE X519A' i 3 cBN�4s. 61, / ♦ wt X51&5 4D -, �<� X5I75 X5265 TMP 58142--20A XSf&T\ JOSEPH W. R/CHMOND, JR TRUSTEE D.B. 4992, PG. 666 D.B. 821, PG.218 `♦ ' D.B. 268, PG. 151 2'sT0 ,•/s WW'�F j XSiIS y X5f6.5' SD INL Gf�ATE To25ET/W157 I IMP58A221 ROGER L. GIBSON AND STEPHENSON L. GIBSON D.B. 1597, PG. 226 D.B. 231, PG.585 D.B, 130, PG. 109 AryROADROU1E25p Q a LLB# a�Ini zz m ;aQo `aS VICINITY MAP 1" = 1000' 'o 0 it w w OWNERADDRESS,: i a LENWC, LAIC 2506 BRANDEFM2L PLACE 0 CNARLOTTESVILLE VIRGINIA 22911 j 0 • LEGEND .• — PAVEM£NTEDGE • +�, - DITCH M OR D/TCN EDGE . —% FENCE . D,B DEED BOOT( PG m PAGE COMMUNICATION PEDESTAL • Ff UTILITYPOLE GUYWRE G B IRONFOUNOUNLESSNOTED WELL 9 MAueox :3 SCALE 1'=20' 0 20' 40' U) z COMPILED BOUNDARY & 0 TOPOGRAPHIC SURVEY ON THE LANDS OF LENVIC, LLC TAX MAP PARCELS 58A2-14 AND 58A2-20 SAMUEL MILLER MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA Date:lanuaTy 11, 2019 Scale: 111 = 20' Sheet 1 of 1 1 J.N.:42932