HomeMy WebLinkAboutSE202100036 Application 2021-08-250
11
APPLICATION FOR A SPECIAL EXCEPTION
2'Request for a waiver, modification, variation or ❑ Variation to a previously approved Planned
substitution permitted by Chapter 18 = 523.12 Development rezoning application plan or
Application $503 + Technology surcharge $20.12 Code of Development = 523.12
Application $503 + Technology surcharge $20.12
OR
❑ Relief from a condition of approval = 523.12
Application $503 + Technology surcharge $20.12
Provide the following
2'1-copies of a written request specifying the
section or sections being requested to be
waived, modified, varied or substituted, and
any other exhibit documents stating the reasons
for the request and addressing the applicable
findings of the section authorized to be waived,
modified, varied or substituted.
Project Name:
5.L.W,Ili atmsw
Provide the following
❑ 3 copies of the existing approved plan
illustrating the area where the change is
requested or the applicable section(s) or
the Code of Development. Provide a
graphic representation of the requested
change.
❑ 1 copy of a written request specifying the
provision of the plan, code or standard for
which the variation is sought, and state the
reason for the requested variation.
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Current Assigned Application Number (US, HO, CLE, SDP, SP or ZMA) SPZ0Iq —60cal
Tax map and parcel(s): g g Cll1 a R 3^ 1 3 B
Applicant / Contact Person VaAf-4 L6 W • v ( il aMS YY wt l
Address 3Z[ F. O-L11 5h %_ s t Lfb6City Q$\/1�16- StateVC Zip _2?i02—
Daytime Phone# (5�Fax# ( ) Email V 19yl. a Wl I ),urns
iVja� I r\ lu.f i t, -A {Mukkr trl0..l "� arm t 11 VACu
Owner of Record k I Y c�� � S 1 Y�.C- • `I �
Address 1 Fa t V- l� a4 N rcJt �u kc- City j�/� 1 1C1 State V4 Zip 7'31 4
r 207
Daytime Phone# �0 ) ��� Fax# ( ) Email ►'y1AXC . IC yYl -cc, P
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County of Albemarle
Community Development Department
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Revised 7/1/2021
11
•
APPLICATION FOR A SPECIAL EXCEPTION
APPLICATION SIGNATURE PAGE
If the person signing the applicatiuu 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.
Ua(c l b W ��''?C ��K ' "
Signature of Owner / Agehf / Cont act Pu haser
j/'alu'ie. 1AJ, L "
Print Name
FOR OFFICE USE ONLY APPLICATION#
By who?
Receipt #
S•Z5-2c�Zl
Date
3q-4?51- 5701
Daytime phone number of Signatory
Fee Amount $ Date Paid
'.e1.39
Revised 7/I/2021
a
•
APPLICATION FOR A SPECIAL ®CCEPTION
CERTIFICATION THAT NOTICE OF THE
APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER
This form mast accompany this zoning application if the application is not signed by the owner of the property.
1 certify that notice of the application for,
was provided to MA t ► h
ame of the application tvne &
S I►1.C."to
the owner of record of Tax Map and Parcel Number 199' 15 OLA6 IS p _ 1 3 13
by delivering a copy of the application in the manner identified below:
[am
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]
Date �f�,,, �n�, tio�„�
.� Mailing a copy of the application to 0 �"`a 4h iLAk 16YK'e-L
[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 0 ' 24 - 7XV to the following address
Date
Pu r k Wle-s i' n rde.. ELAA�t 207
[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
1, requirement].
V �d> W ,-,r4-wl1_ . 40tt — P v A10Ai uw.i
Print Applicant Name
'F�- 25 -202,1
Date
Revised 7/1/2021
SE 2021-
Special Exception Application for
Critical Slope Waiver
to be associated with:
SP 2019-00009 S.L. Williamson Replacement Asphalt Plant
In connection with the above -referenced Special Use Permit Application, the Applicant requests
a modification of Section 4.2.5 of the Zoning Ordinance.
Reason for the Request:
For a more detailed description of the project as a whole, please refer to the Narrative
submitted with the Special Use Permit Application 2019-00009.
The Applicant proposes to replace its existing asphalt plant that has been operation since1969
with a newer drum -mix plant that is more efficient, quieter, more protective of water
resources, and far more protective of air resources, without disturbing additional land. As part
of the replacement plant, there is a system of feed bins and a recycling bin that are used during
the manufacture of the asphalt. The installation of the feed bins will impact an area of man-
made critical slope areas that were created by the dumping of overburden material by the
quarry operations. These man-made critical slopes are identified on the Concept Plan prepared
by Roudabush, Gale & Associates dated August 19, 2019, last revised March 3, 2021, and
submitted in connection with SP 2019-00009 (the "Concept Plan") as "Critical Slope Areas
Created Thru Overburden Placement."
Section 4.2.3(b) of the Zoning Ordinance prohibits any structures, improvements or land
disturbing activity to establish a structure or improvement to be located on any critical slope.
Even though the critical slopes at issue are man-made piles of overburden, because the subject
property is located in the Rural Area, they are not designated as "managed slopes" that may be
disturbed by right subject to certain performance standards like they would be if the property
were located in the designated development. Disturbance of critical slopes in the Rural Areas
requires a critical slope waiver whether they are man-made or naturally occurring.
Specifically, the elements of the replacement plant that will disturb the critical slopes are:
• Six 10-foot by 14-foot Cold Feed Bin System (labeled #1 on sheet 4 of the Concept Plan)
• One 8-foot by 14-foot Recycle Bin (labeled #9 on sheet 4 of the Concept Plan)
The approximate size of the area of man-made critical slopes that will be disturbed in
connection with the project is 1,200 square feet.
Please note that the 30-foot by 55-foot Aggregate Access Conveyor (labeled #2 on the Concept
Plan) will not impact or disturb the critical slopes, for it is an aerial conveyor belt system that is
not attached to the ground.
Because these improvements must be installed over these man-made critical slope areas, the
Applicant hereby requests a waiver of Section 4.2.3(b) as follows:
4.2.5(a)(1) — The special exception application must 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.
Mitigating circumstances of the negative impacts associated with disturbance of the man-made
critical slopes — there is an existing retaining wall that the existing feed bins sit on top of. As
part of the replacement plant, that wall will be extended to meet the extents of the proposed
improvements. This area is labeled "Ex. Ret. Wall to Be Extended for Additional Cold Feed Bins"
on Sheets 4 and 5 of the Concept Plan. With the expansion of the retaining wall, there will be
no potential for soil erosion, sedimentation and water pollution that might otherwise result
from the disturbance of the man-made critical slopes.
4.2.5.3 Findings. The commission may grant a modification or waiver if itfinds 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 proposed replacement drum -mix plant will substantially improve the public health and
safety through better air quality, reduced noise, added protection for water resources. The
expansion of an existing retaining wall that will meet the extents of the proposed
improvements, thus eliminating the risk of soil erosion, sedimentation and water pollution that
might result from the disturbance of such man-made slopes. Strict application of the
requirements of Section 4.2, in the form of not allowing the replacement plant to disturb these
man-made slopes, will not allow the replacement plant, which will not forward the purposes of
this chapter or otherwise serve 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;
E
By extending the existing retaining wall to accommodate the new feed bins, this extended wall
will hold back the slope and prevent any erosion, thus satisfying the intent and purposes of
Section 4.2 far better than existing conditions would.
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.
The replacement plant will substantially improve the public health and safety through better air
quality, reduced noise, and the expansion of an existing retaining wall that will meet the
extents of the proposed improvements, thus eliminating the risk of soil erosion, sedimentation,
and water pollution that might otherwise result from the disturbance of such man-made slopes.
And the waiver will permit the installation of the replacement plant.
For all of these reasons, we request the Board's approval of the waiver as part of the approval
of SUP 2019-00009.
45936698_2