HomeMy WebLinkAboutSE202100011 Application 2021-04-19•
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
❑ 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 :
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.
Site Name: Carter's Mountain
Current Assigned Application Number (SDP, SP or
Tax map and parcel(s):
09100-00-00-018AO
SP-88-14
Applicant / Contact Person Ryan Fletcher, Network Building + Consulting, LLC on behalf of VPM Media Corporation
Address 120 Eastshore Drive, Suite 300 City
Glen Allen
State VA Zip 23059
Daytime Phone# ( 8o4 ) 475-8144 Fax# ( 410 ) 712-4056 Email rletcher@nbcllc.com
Owner of Record
Address P.O. Box 5548
Daytime Phone# (
Hunter W. Revocable Trust C/O Hunter W. Wood, Trustee
Fax# (
City
Charlottesville
Email
State VA Zip 22905
County of Albemarle
Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
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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 fast class mail.
/�BrC,G�c
Signa of Owner / Agent / Contract Purchaser
Ryan Fletcher, NB+C, LLC on behalf of VPM Media
Print Name
02 �Z51 Zv Z/
Date
804-475-8144
Daytime phone number of Signatory
FOR OFFICE USE ONLY APPLICATIO,IN# SGI I I Fee Amount $ 415T -Date Paid ( /
By who? Q C Receipt #Ck#
i11111; ■K/G
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, VPM, Site Name: Carters Mountain, request for special exception (critical slopes
[Name of the application type & if known the assigned application #]
was provided to Wood, Hunter W. Revocable Trust C/O Hunter W. Wood, Trustee
[Name(s) of the record owners of the parcel]
the owner of record of Tax Map and Parcel Number 09100-00-00-018AO
by delivering a copy of the application in the manner identified below:
Hand delivery of 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 recipient's title or office for that entity]
on
Date
x Mailing a copy of the application to Wood, Hunter W. Revocable Trust C/O Hunter W. Wood, Trustee
[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]
on February 25, 2021 to the following address P.O. BOX 5548
Date
Charlottesville, VA 22905
[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].
.GLi`
i e Applicant
Fletcher, NB+C, LLC on behalf of VPM Media
Print Applicant Name
02-126- IZo21
Date
Nja+ TOTALLY COMMITTED. I
February 25, 2021
County of Albemarle
Community Development
Attn: Rebecca Ragsdale
401 McIntire Road
Charlottesville, VA 22902
RE: Application for Special Exception to Disturb Critical Slopes, Section 4.2.5
Site Name: VPM—Carters Mountain
1940 Carters Mountain Trail
Parcel ID:09100-00-00-018AO
Existing Case #: SP-88-14
Dear Ms. Ragsdale,
Please find, enclosed, the following materials as part of the Application for Special Exception to disturb critical slopes as
part of the process to replace an existing 267' guyed tower with a proposed 260' self-support tower filed on behalf of the
applicant, VPM Media Corporation. A pre -application meeting was held with Community Development staff on
December 22, 2020 and following the meeting it was determined that based on the coordinates of the proposed self-
support tower that we would be able to replace the existing guyed tower under the existing zoning approval identified as
SP-88-14.
I've included the following materials as part of the Application for Special Exception:
• Application for a Special Exception (Disturbance to Critical Slopes);
• SP-88-14;
• Staff Email Correspondence Confirming the Process;
• Three (3) sets of Drawings (I I "x17"); and
• Application Fee, $457.00 (check # 3491).
Thank you in advance for your consideration of this application and please do not hesitate to contact me at (804) 475-8144
or rfletcher@nbcllc.com to further discuss any of the building permit application submittal materials. Thank you.
Sincerely,
CR# a rfletchez
Ryan Fletcher, Land Use Specialist
Network Building + Consulting, LLC
On Behalf of VPM Media Corporation
120 Eastshore Drive, Suite 300
Glen Allen, VA 23059
120 Eastshore Drive + Suite 300 + Glen Allen, VA 23059 + 804.548.4079 + www.networkbuiltling.conn
N3�•C
TOTALLY COMMITTED.
VPM Media Corporation
SPECIAL EXCEPTION — APPLICANT NARRATIVE
Sec. 4.2.5 - Modification or waiver.
Any requirement of section 4.2.1, 4.2.2, 4.2.3 or 4.2.4 may be modified or waived as provided herein:
r
I
a. Modification or waiver by the commission. The commission may modify or waive any requirement that is not subject
to an administrative waiver as provided in subsection (b), as follows:
1. Request. A developer or subdivider requesting a modification or waiver shall file a written request in accordance
with section 32.3.10(d) of this chapter and identify and state how the request would satisfy one or more of the findings
set forth in subsection 4.2.5(a)(3). If the request pertains to a modification or waiver of the prohibition of disturbing
slopes of 25 percent or greater (hereinafter, "critical slopes"), the request also shall state the reason for the modification
or waiver, explaining how the modification or waiver, if granted, would address the 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
resources, and, in the event of septic system failure, a greater travel distance of septic effluent (collectively referred to
as the "public health, safety, and welfare factors") that might otherwise result from the disturbance of critical slopes.
As per Section 4.2.5a(1) we're requesting a waiver to disturb existing critical slopes on behalf of the applicant VPM
Media Corporation as they need to replace an existing 267' guyed tower based on its condition. As part of the
replacement process the proposed 260' self-support tower must be shifted approximately 59' to the East of the existing
guyed tower to accommodate for the new installation. The area in which we're impacting with the proposed tower has
been previously disturbed and currently has some ground cover as well as an existing retaining wall. As part of the
scope of this project we will be proposing additional rip -rap slope reinforcement as well as a proposed gambian basket
retaining wall on the downslope side of the proposed site. Based on the scope of the work we will be improving the
overall site condition and further stabilizing the existing slopes with good management practices. Additionally,
regarding the existing conditions of this site we believe that we will not be casing any additional concerns regarding
the movement/erosion of soil and rock, but instead be providing an improved condition ofstabilization through the
installation of the rip -rap slope reinforcement and the gambian basket retaining wall.
2. Consideration of recommendation; determination by county engineer. In reviewing a request for a modification or
waiver, the commission shall consider the recommendation of the agent as to whether any of the findings set forth in
subsection 4.2.5(a)(3) can be made by the commission. if the request pertains to a modification or waiver of the
prohibition of disturbing critical slopes, the commission shall consider the determination by the county engineer as to
whether the developer or subdivider will address each of the public health, safety and welfare factors so that the
disturbance of the critical slopes will not pose a threat to the public drinking water supplies and flood plain areas, and
that soil erosion, sedimentation, water pollution and septic disposal issues will be mitigated to the satisfaction of the
county engineer. The county engineer shall evaluate the potential for soil erosion, sedimentation and water pollution
that might result from the disturbance of slopes of 25 percent or greater in accordance with the current provisions of the
Virginia Department of Transportation Drainage Manual, the Commonwealth of Virginia Erosion and Sediment
Control Handbook and Virginia State Water Control Board best management practices, and where applicable, Chapter
17 , Water Protection, of the Code.
120 Eastshore Drive + Suite 300 + Glen Allen, VA 23059 + 804.548.4079 + www.networkbuilding.conn
Na4i'C TOTALLY COMMITTED. A
Understood, we don't believe the disturbance will pose a threat to the public drinking water supplies, flood plain
areas, lead to soil erosion, sedimentation, water pollution and septic disposal issues. Instead, we believe the
additional/proposed rip -rap slope reinforcement as well as the gambian basket retaining wall will further stabilize
the site.
3. Findings. The commission may grant a modification or waiver if it finds that the modification or waiver would not
be detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent properties;
would not be contrary to sound engineering practices; and at least one of the following:
a. 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 disturbance of critical slopes for this site is minimal and will not adversely impact the public health, safety or
welfare.
b. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of section 4.2 to at least
an equivalent degree;
A replacement structure is needed at this site. The proposed structure has been sited and placed in away to
minimize impacts and to also utilize the existing conditions of the site. Additionally, by adding the installation of the
rip -rap slope reinforcement and the gambian basket retaining wall the site will be improved and further stabilized
c. Due to the property's unusual size, topography, shape, location or other unusual conditions, excluding the proprietary
interest of the developer or subdivider, prohibiting the disturbance of critical slopes would effectively prohibit or
unreasonably restrict the use of the property or would result in significant degradation of the property or adjacent
properties; or
Prohibiting the disturbance of critical slopes for the proposed replacement structure would greatly impact VPM
Media Corporation's ability to serve the public.
d. Granting the modification or waiver would serve a public purpose of greater import than would be served by strict
application of the regulations sought to be modified or waived.
Granting the modification or waiver would allow VPMMedia Corporation to move forward with the much needed
replacement of an existing structure that currently serves the public. The proposed structure will ensure that the
VPM Media Corporation can continue to serve the public.
120 Eastshore Drive + Suite 300 + Glen Allen, VA 23059 + 804.548.4079 + www.networkbuilding.conn