The URL can be used to link to this page

Home My WebLink AboutSE202100002 Application 2021-01-05• • P APPLICATION FOR A SPECIAL EXCEPTION 0 Request for a waiver, modification, variation ❑ Variation to a previously approved Planned or substitution permitted by Chapter 18 = $457 Development rezoning application plan or Code of Development = $457 OR ❑ Relief from a condition of approval = $457 Provide the following 0 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 : Current Assigned Application Number (SDP, SP or Tax map and parcel(s): Applicant / Contact Person Address Daytime Phone# ( ) Fax# Owner of Record Address Daytime Phone# ( Fax# ( City City 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. Email Email State Zip State Zip 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 such written communication from also being sent via first class mail. Aa-4. 7!li� Signature of Owner / Agent / Coiffract Purchaser Reid A. Murphy Print Name FOR OFFICE USE ONLY APPLICATION# 1 /4/2021 Date 434-825-1560 Daytime phone number of Signatory Fee Amount $ Date Paid By who? Receipt # Ck# By 0111: N■-/• 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 is not signed by the owner of the property. I certify that notice of the application for, SDP20200065 [Name of the application type & if known the assigned application #] was provided to LENVIC LLC [Name(s) of the record owners of the parcel] the owner of record of Tax Map and Parcel Number 58-A2-20 8,58A2-14 by delivering a copy of the application in the manner identified below: x Hand delivery of a copy of the application to John Bias, Manager of LENVIC LLC [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 recipients title or office for that entity] o n 1 /4/2021 Date Mailing a copy of the application to [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 recipients title or office for that entity] on to the following address Date [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 requirement]. Signature of Applicant Reid A. Murphy Print Applicant Name 01 /04/2021 Date IVY PROPER CRITICAL SLOPES WAIVER - SPECIAL EXCEPTION REQUEST PREPARED BY: TIMMONS GROUP YOUR 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 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." 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 pushed towards the front of the property as much 11Page 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. 2 1 P a g e 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 stormwater 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