HomeMy WebLinkAboutLZC202200001 Correspondence 2022-01-0630 Scale, LLC
871 Justin Drive, Palmyra, VA 22963
Ph. 434.242.2866
mike(r@30scale.com
EERING
December 26, 2021
Mr. Bart Svoboda
Zoning Administrator/Director of Zoning
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Southwood— Phase 1 - Clean Earth Fill Plan — North Area
WPO 2019-00062 Amendment
T1490A14D - Albemarle County, Virginia
Dear Bart,
Please consider this our letter of justification to obtain a Zoning Clearance for a new "clean earth fill activity" at the
referenced project in accordance with 31.5(a)l. The owner has concurrently submitted a Virginia Stormwater
Management Program (VSMP) Plan Amendment to permit a proposed clean earth fill activity in the "North Area",
an approximate 1-acre gully located on the north side of Bitternut Lane, bounded by Fin Court and Iris Court that
the owner is proposing as a location for a clean earth fill of excess soils from the Village 1 site/subdivision plan. A
copy of the VSMP Plan Amendment has been provided with this Zoning Clearance request.
Since the clean earth fill activity is an allowed use in all zoning districts per Z.O. 4.3.1, and the use is exempt from
Site Plan requirements per Z.O. 32.2(e), it is our understanding that the only additional zoning requirements
include conformance with Z.O. 5.1.28. Please refer to the below narrative indicating compliance with 5.1.28:
Sec. 5.1.28 Clean earth and inert waste fill activity.
a. Each clean earth fill activity or inert waste fill activity not established and operated in conjunction with a
permitted use under section 30.4 of this chapter or established and operated in conjunction with an
approved site plan or subdivision are subject to the following requirements:
RESPONSE: The proposed use is not located in a Natural Resource Extraction District (30.4) and
is not to be established in conjunction with an approved site plan for the use.
Each active fill area shall be shaped and sloped so that no undrained pockets or stagnant pools of
water are created to the maximum extent reasonably practicable as determined by the program
authority. All undrained pockets and stagnant pools of water resulting from drainage shall be
treated as required by the Virginia Department of Health to eliminate breeding places for
mosquitoes and other insects. Slope may not exceed 3:1. The height of fill may not exceed eight
feet above natural grade.
RESPONSE: The plan will be sloped and drained such that there will be no undrained
pockets or stagnant pools of water as shown on the Grading Plans. The maximum slope of
the clean earth fill shall not exceed 3:1 as shown on the Grading Plans. The height of the fill
shall not exceed eight feet above natural grade. Sheet 5 of the Site Plan provides graphical
cross -sections to show how this height limitation is met.
2. No fill area shall be located either within the flood hazard overlay district, except as authorized by
section 30.3 of this chapter, or in any stream buffer area as defined by Chapter 17 of the Code of
Albemarle or on any hydric soils as identified by the United States Department of Agriculture.
ENGINEERING
RESPONSE: The fill areas are located outside of the flood hazard overlay district and
outside of the stream buffer. Also, the NRCS soils report does not list hydric soils in the
project area.
3. Each fill area shall be reclaimed within seven days of completion of the fill activity, or such later
time authorized by the program authority for reclamation activities of a seasonal nature.
Reclamation shall include, but not be limited to, restoring the area so that it approximates natural
contours; shaping and sloping the area to satisfy the requirements of subsection (a)(1); and
establishing a permanent vegetative ground cover.
RESPONSE: In accordance with the VSMP plan, once the fill activity is brought to
completion, the grade shall match approximate natural contours of the land. Also, the plans
indicate specifications for establishment of permanent vegetative ground cover of the
disturbed area.
4. Inert waste fill must be topped with clean earth fill to a minimum depth of two feet in order to allow
for permanent stabilization and reclamation; and establishing a permanent vegetative ground
cover; provided that the program authority may reduce the minimum depth of clean earth fill to one
foot if the area is unlikely to be redeveloped.
RESPONSE: The earth fill is comprised of clean earth fill. In the event that inert waste fill is
introduced to the fill, no inert waste fill will be allowed within one foot of final grade since
the fill area is located in a future green space area of the Southwood — Phase 2
Development.
5. The zoning administrator, or the program authority for those fill areas subject to subsection (b), may
require the owner to submit a reasonable performance bond with surety, cash escrow, letter of
credit, any combination thereof, or such other legal arrangement acceptable to the county attorney,
to ensure that measures could be taken by the county or the program authority at the owner's
expense should the owner fail, after notice is given to perform required reclamation work specified
in the notice. The amount of the bond or other surety shall be based on unit pricing for new public
or private sector construction in Albemarle County, Virginia, and a reasonable allowance for
estimated administrative costs and inflation which shall not exceed 25 percent of the estimated cost
to initiate and complete the reclamation of the borrow, fill or waste area, and to comply with all
other terms and conditions of the plan or narrative required by subsection (b). If reclamation work is
required to be taken by the county or the program authority upon the failure of the owner to do so,
the county or the program authority may collect the reasonable cost of the work directly from the
owner, to the extent that the cost exceeds the unexpended or unobligated amount of the surety.
Within 60 days after the reclamation work is completed and inspected and approved by the county
engineer, the bond or other surety, or any unexpended or unobligated portion thereof, shall be
refunded to the owner.
RESPONSE: The owner will agree to post a performance bond if requested by Zoning or
Engineering as part of the VSMP Plan Amendment approval process.
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6. Fill activity (except for access) must be set back a minimum of 150 feet from any entrance corridor
street.
RESPONSE: The fill area is further than 150 feet from any entrance corridor street.
7. Fill activity (except for access) must be set back a minimum of 75 feet from all property lines in the
Rural Areas (RA), Village Residential (VR), Monticello Historic District (MHD), and residential
zoning districts, and from all public street rights of way. Access must be set back 50 feet from
property lines and 100 feet from dwellings on adjacent property. No setback is required if adjoining
lots are under the same ownership. The access to a fill activity is not subject to the setback from
public street right of way.
RESPONSE: The fill activity is set back further than 75 feet from the adjacent R-2 zoning
district and from any public street rights of way. Please note that Bitternut Lane, Fin Court
and Iris Court are private streets.
8. Fill activity must be set back a minimum of 50 feet from all non-residential property lines. No
setback is required if adjoining lots are under the same ownership.
RESPONSE: There are no non-residential properties within 50 feet of the project.
9. Minimum lot size for fill activity is five acres. Multiple parcels under the same ownership and with
the same zoning designation may be considered as a single lot for the purpose of achieving the
minimum lot size.
RESPONSE: The lot size is 86 acres, so the minimum lot size requirement is met.
10. No fill activity may occur within the drip line of any tree.
RESPONSE: No fill activity will occur within the drip line of any tree to remain.
11. The maximum area for fill activity on any parcel in existence on September 16, 2020 is two acres.
Determining area for fill activity includes all locations used, or designated to be used, for fill, vehicle
storage and vehicle maintenance but does not include area used for exclusively for access.
RESPONSE: The disturbed area is 1.16 acres, so the maximum area for fill activity of two
acres is not exceeded.
12. Notwithstanding section 4.3 of this chapter, trees may be cut, provided a plan as required by
subsection (b) is submitted. However, no tree of 36 inches or greater in diameter may be cut.
RESPONSE: Refer to analysis of section 4.3 below. All trees within the limits of disturbance
are less than 36"-diameter.
13. If a private street, shared driveway or access easement is used, the applicant must demonstrate
that the access is adequate for the proposed activity and that the applicant has the right to use the
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access. In order for access to be deemed adequate, the owner must limit vehicles associated with
the fill activity to not more than 56,000 pounds. In addition, the access must meet the standards of
section 4.6.6 of this chapter and have a surface adequate to accommodate a vehicle weighing
56, 000 pounds. The owner may increase the weight of vehicles associated with the fill activity to a
maximum of 60,000 pounds, provided that the access meets the standards of section 4.6.6 of this
chapter and has a surface adequate to accommodate a vehicle weighing 80,000 pounds.
RESPONSE: In accordance with the VSMP plan, a Construction Access Road capable of
supporting at least 56,000 pounds will be provided.
14. No fill activity may occur until the Virginia Department of Transportation has approved the entrance
onto the highway.
RESPONSE: There will be no traversing of VDOT right-of-way with the clean earth fill activity
as it all occurs on private property.
15. Except for properties zoned Rural Areas (RA), Village Residential (VR) or Monticello Historic
District (MHD), tree canopy for area(s) disturbed by fill activity must be established and maintained
in compliance with section 32.7.9.8 of this chapter.
RESPONSE: Tree canopy calculations will be provided on the VSMP plan to meet 32.7.9.8.
b. Any fill activity with an aggregate area greater than 2,500 square feet requires a plan or narrative,
subject to the prior approval of the program authority, that satisfies the requirements of subsection (a)
and the following provisions:
RESPONSE: The fill activity exceeds 2,500 square feet.
1. All materials shall be transported in compliance with section 13-301 of the Code of Albemarle.
Before a transporting vehicle leaves the parcel or parcels on which the fill area is located, it shall be
cleaned so that no materials outside of the vehicle's load -bed can be deposited on a public or
private street.
2. The fill area and the access roads thereto shall be treated or maintained to prevent dust or debris
from blowing or spreading onto adjacent properties or public streets.
3. Fill activity shall be limited to the hours of 7:00 a.m. to 7:00 p.m., except in cases of a public
emergency as determined by the director of emergency services for the county.
4. Fill activity shall be conducted in a safe manner that maintains lateral support, in order to minimize
any hazard to persons, physical damage to adjacent land and improvements, and damage to any
public street because of slides, sinking, or collapse.
5. The placement of fill shall be completed within one year of its commencement, except for
reclamation activities and any other activities associated with the final stabilization of the area. The
program authority may extend the date of completion upon the written request of the applicant,
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demonstrating that factors beyond the control of the applicant prevented the completion within the
one-year period. The program authority may then extend the permit for a period of time that, in its
sole discretion, is determined adequate to complete the work.
6. In lieu of a plan or narrative, the program authority may accept a contractual agreement between the
Virginia Department of Transportation and its contractor for a public road project; provided that the
program authority determines that the agreement satisfies at least to an equivalent extent the
requirements and intent of this section.
RESPONSE TO 1-6: All work associated with the clean earth fill shall meet the requirements
of 1-6 above in accordance with the DEQ General Stormwater Permit, approved VSMP Plans
and SWPPP Plans for the project.
NOTE: Refer to response to Item 12 above for reference to Z.O. 4.3 (tree cutting):
Sec. 4.3 Tree cutting.
a. In districts other than the RA, cutting of trees shall be limited to dead trees and trees of less than six inches
in diameter measured at six inches above ground; except that trees may be cleared as an incident to the
preparation of land for the establishment of some other use permitted in the district, provided that:
1. Such use is exempt from the provisions of section 32.0 hereof,- or
2. A site development plan for such permitted use shall have been approved in accordance with the
provisions of section 32.0 of this ordinance;
RESPONSE: The clean earth fill activity is not limited to the cutting of dead trees and trees
less than six inches in diameter since the use is exempt from the provisions of Section 32.0 in
accordance with 32.2(e).
b. The following regulation shall apply in all zoning districts:
1. Unless otherwise specifically approved to accommodate development pursuant to section 32.0 hereof,
no tree within 15 feet of any perennial stream or water supply impoundment may be cut, except for
dead trees or trees of less than six inches in diameter measured at six inches above ground; or in
order to provide access for livestock or for another permitted use;
RESPONSE: No trees within 15 feet of any perennial stream or water supply impoundment
will be disturbed with the proposed fill activity.
C. The foregoing notwithstanding, the zoning administrator may authorize cutting of trees which:
1. Are deemed by the zoning administrator to pose a clearly demonstrable danger to buildings or other
structures or otherwise a danger to public safety; or
2. Have been specifically recommended for removal following field investigation by the Virginia
Department of Forestry as being virulent or pestilent to other trees in the vicinity;
RESPONSE: The applicant is open to input from the zoning administrator or the Virginia
Department of Forestry with respect to the authorization of the cutting of additional trees in
the project area that may pose danger to buildings, structures or public safety.
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d. For the purpose of this ordinance, the term 'Tree cutting" shall be deemed to include sawing, burning,
bulldozing, poisoning, girdling or any other activity which could reasonably be anticipated to result in the
death of a tree. Fill and waste areas shall not be deemed a permitted use but preparatory activity to
establish a permitted use. (Added 9-9-92)
RESPONSE: Acknowledged.
We thank you for your time to review this request. Please contact me if you have any questions or require
additional information to complete your review.
Sincerely,
P.E., CFM
Mr. Andrew Vinisky, Habitat for Humanity of Greater Charlottesville
Mr. William Thiessen, Habitat for Humanity of Greater Charlottesville
Mr. Bryan Rieckmann, P.E., Faulconer Construction Company
Mr. Bryan Cichoki, P.E., Timmons Group
Mr. Clint Shifflett, P.E., Timmons Group
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