HomeMy WebLinkAboutSE202100002 Application 2021-01-19IVY PROPER
CRITICAL SLOPES WAIVER -
SPECIAL EXCEPTION REQUEST
January 5, 2020
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 Final Site 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: 5,515 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
pushed towards the front of the property as much as possible in order to minimize disturbance of
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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.
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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.
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