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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 • • 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