HomeMy WebLinkAboutSE202200018 Application 2022-03-28 Page 1 COUNTY OF ALBEMARLE
APPLICATION FOR A SPECIAL EXCEPTION
Request for a waiver, modification, variation or ❑ Variation to a previously approved Planned
substitution permitted by Chapter 18 Development rezoning application plan or
Code of Development
OR
Provide the following
❑ Relief from a condition of approval . 1 copy of the existing approved plan
illustrating the area where the change is
Provide the following requested or the applicable section(s) or
1 copy of a written request specifying the the Code of Development. Provide a
• section or sections being requested to be graphic representation of the requested
waived, modified, varied or substituted, and change.
any other exhibit documents stating the reasons . 1 copy of a written request specifying the
for the request and addressing the applicable provision of the plan, code or standard for
findings of the section authorized to be waived, which the variation is sought, and state the
modified, varied or substituted. reason for the requested variation.
FEE = 523.12
Application $503 + Technology surcharge $20.12
Project Name :
Current Assigned Application Number (HS, HO, CLE, SDP, SP or ZMA)
Tax map and parcel(s): O3Zco,_ 00 -- —Con O3 CO --c0-00ZczacJ
Applicant/Contact Person \ \, t2 `(—
Address 44394 Qpn p,V ��\tLL City c v \c State V jk Zip 0 et34..
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Daytime Phone# ((/3�( ) q_/77 i.(Fax# ( ) Pc Email r n *t-y_kt r &c,cki
Owner of Record A\k a_rd P ��►'�' _ �:�� ����} Q/p ^�aiz te,
Address L t{ 0,414imst ,\Ct e City £i \ e State'J- Zip ZZ' 7
Daytime Phone# (to4 ) b -6 ZZ t Fax# ( ) Email Ak„\cAli ,k_ ‘4,‘,.hz.a
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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
aft
1. '. .
Paso COUNTY OF ALBEMARLE
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 first class mail.
3 ia /20 2 7--
Signature Hof Owner / Agent / Contract Purchaser Date 1
/rAci V.1 Z)11....ci__
Print Name Daytime phone number of Signatory
FOR OFFICE USE ONLY APPLICATION#5e2,072CCOIS Fee Amount$ 52.3.IZ Date Paid&)2.g ..
/2
By who?1i 0 l K I nd Vi C K Receipt# 751 $3 Ck# 3 SLI By Do Yli
•
Revised 7/I/202 I
Page COUNTY OF ALBEMARLE
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,
[Name of the application type&if known the assigned application#]
was provided to
[Name(s)of the record owners of the parcel]
the owner of record of Tax Map and Parcel Number
by delivering a copy of the application in the manner identified below:
nHand 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
Mailing 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 to the following address
Date
[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].
Signature of Applicant
Print Applicant Name
Date
Revised 7/1/2021
I am requesting an exception to Albemarle County Virginia Code of Ordinances 5.1.28-Clean
Earth and inert waste fill activity in accordance with paragraph d. 1 of the ordinance as the
proposed fill activity would further the agricultural use of the property.
BACKGROUND:
In 2009 my father clean cut 90 acres in order to increase the overall pasture land on the farm
which has been in my family since 1737. Following the Department of Forestry best practices
we left the stumps in place to decay over time in order to prevent excess erosion. In 2018 after
my father passed away I entered into an extensive contract with the USDA/NRCS. This contract
was designed to protect the resources of the farm as well as further the agricultural productivity
of the land.
This contract(EQIP 2014 7433A7180AQ) included stream exclusion fencing,freeze proof
watering systems,fertilization,seeding,weed and brush control,and hardened stream crossings
amonst other things. One major area was the need to fill ditches ruts and ravines though out
the land that had been clear cut and then augment the existing soil. Once this was completed
the land would be fertilized and seeded in order to add approximately 50 more acres of
manageable pasture land to the farm. This improvement would be invaluable to the continued
farming of the piece of land as it would allow the possibility of making hay on the land (currently
it is purchased). It would allow the cattle herd to be increased by approximatel 20 head
basically doubling the existing herd and the implimentation of rotational grazing.
In July 2021 when I finally reached this final step I was informed that a new ordinance had been
implimented and I would hav to apply to the county in order to be allowed to continue. As a
part of this process the USDA-NRCS District Conservationist Kory Kirkland provided both
telephonic and a written email (attached)outlining the project, need for and benefit to the sites
existing agricultural use.
1
•
US DEPARTMENT OF AGRICULTURE NRCS-CPA-1202
NATURAL RESOURCES CONSERVATION SERVICE 10/2015
CONSERVATION PROGRAM CONTRACT
Participant: Program and Contract Number:
TIMOTHY K KINDRICK EQIP 2014 7433A7180AQ
County and State: Subaccount:
ALBEMARLE County,VA Livestock-Farmville(Area III-Farmville)
Watershed: This agreement is effective on the date signed by the Natural
Jacobs Run-North Fork Rivanna River Resources Conservation Service obligating official unless
specified otherwise in the applicable Appendix and extends
through 12/31/2021
1. The undersigned participants enter into this contract with the Natural Resources Conservation Service(NRCS)to
implement and/or maintain specific conservation practices, as set forth in the Conservation Plan Schedule of
Operations(NRCS-CPA-1155)on the property as identified on the plan map. In consideration for the
implementation and/or maintenance of the practices,the NRCS will make payments to the participant(s)in the
amount(s)described in the Schedule of Operations as outlined in the Appendix.
2. This agreement is comprised of this Conservation Program Contract form NRCS-CPA-1202.The NRCS-CPA-1202
Appendix and the NRCS-CPA-1155 Plan Schedule of Operations and plan map are hereby fully incorporated into
this document and are binding upon the participant(s).The NRCS-CPA-1155 may be modified through execution
of a Modification form (NRCS-CPA-1156)by both NRCS and the participant and becomes a part of the contract
when both parties have agreed to and signed the Modification.
3. The participant(s)agree:
A)to Implement and maintain conservation practices for the life of this agreement in compliance with the plan or
schedule of operations and in accordance with the standards,specifications, and other special program criteria
obtained from NRCS;
B)to forfeit further payments under this agreement and refund the United States, in amounts determined by
NRCS,any payments received hereunder upon NRCS determination that participant(s)have violated the material
terms of this agreement or accept such payment adjustments as NRCS may deem appropriate if NRCS decides
that the participant's violation does not warrant termination of the agreement; and
C)to forfeit all rights to further payments under the agreement and refund to the United States, in amounts
determined by NRCS, payments received hereunder if the subject land is transferred to a non-participant during
the term of this agreement,unless the third party agrees to assume this agreement,and the NRCS consents to the
modification.
4. CONTRACT PARTICIPANTS
Name,Address,Telephone SSN or TAX ID if applicable
TIMOTHY K KINDRICK 1151
4394 CARRIAGE HILL DR
EARLYSVILLE, VA 22936 DUNS(non-individuals)
(434)409-6224
Signature Payment Shares
TIMOTHY K KINDRICK 100.00%
Date 12/21/2017
Signature required for modifications ✓ Yes J No Signature acceptable for payments V Yes ❑ No
5. CONTRACT OBLIGATIONS
2018 2019 2020 Total
$30,035 $121,978 $24,152 $176,165
$176,165
Page 1 of 2
US DEPARTMENT OF AGRICULTURE NRCS-CPA-1202
NATURAL RESOURCES CONSERVATION SERVICE 10/2015
CONSERVATION PROGRAM CONTRACT
Participant: Program and Contract Number:
TIMOTHY K KINDRICK EQIP 2014 7433A7180AQ
6. NRCS APPROVING OFFICIALS
Application Approval Contract Obligation
KORY KIRKLAND KILBY MAJETTE
USDA electronic signature; manual signature not required. USDA electronic signature; manual signature not required.
Date: 1/9/2018 Date: 1/31/2018
PRIVACY ACT STATEMENT
The following statements are made in accordance with the Privacy Act of 1974 (5 U.S.0 522a). Furnishing this
information is voluntary; however failure to furnish correct, complete information will result in the withholding or
withdrawal of such technical or financial assistance. The information may be furnished to other USDA agencies, the
Internal Revenue Service,the Department of Justice, or other state or federal law enforcement agencies, or in response
to orders of a court, magistrate, or administrative tribunal.
This information collection is exempted from the Paperwork Reduction Act under 16 U.S.C. 3801 note and 16 U.S.C.
3846.
NONDISCRIMINATION STATEMENT
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA)civil rights regulations and
policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA
programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity(including
gender expression), sexual orientation, disability, age, marital status,family/parental status, income derived from a public
assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity
conducted or funded by USDA(not all bases apply to all programs). Remedies and complaint filing deadlines vary by
program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large
print, audiotape, American Sign Language, etc.)should contact the responsible Agency or USDA's TARGET Center at
(202) 720-2600 (voice and TTY)or contact USDA through the Federal Relay Service at(800)877-8339. Additionally,
program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found
online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA
and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866)
632-9992. Submit your completed form or letter to USDA by: (1)mail: U.S. Department of Agriculture, Office of the
Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2)fax: (202)
690-7442; or(3)email:program.intakeCc usda.gov
USDA is an equal opportunity provider, employer and lender.
Page 2 of 2
US DEPARTMENT OF AGRICULTURE REVISION OF PLAN / SCHEDULE OF OPERATIONS NRCS-CPA-1156
NATURAL RESOURCES CONSERVATION SERVICE 03/2019
OR MODIFICATION OF A CONTRACT
PARTICIPANT COUNTY AND STATE PROGRAM AND CONTRACT NUMBER SUBACCOUNT
TIMOTHY K KINDRICK ALBEMARLE County,VA EQIP 2014 7433A7180AQ Livestock-Farmville(Area III-
Farmville)
LAND UNITS OR LEGAL DESCRIPTION ACRES MODIFICATION EXPIRATION
Farm 1643 Tract(s)3833 160 NUMBER AND DATE
DATE 12/31/2023
4--N/A
Contract Items 1: Water Well(642) Practice Lifespan: 20 years Status: Certified 5/29/2018
Install a well.
Fields:
Tract 3833 Fields:2;
COMPLETION SCHEDULE AND ESTIMATED COST-SHARE OR PAYMENT BY YEAR
Contract Planned Conservation Treatment Certified Unit Cost Cost Share 2018 2019 2020 2021 2022
Item Amount Rate/Method $ $ $ $ $
1 Water Well(642) 320 no 7,293
la HU-Drilled well for consolidated geologic sites with stable 320 ft $22.7900/ft PR' 7,293
rock formations(limited casing)
Notes: 'Payment rates define the unit cost rate of compensation to be received by the participant.
Contract Items 2: Pumping Plant(533) Practice Lifespan: 15 years Status: Certified 10/10/2018
Install a pumping facility to transfer water for a need(s).
Fields:
Tract 3833 Fields:2;
COMPLETION SCHEDULE AND ESTIMATED COST-SHARE OR PAYMENT BY YEAR
Contract Planned Conservation Treatment Certified Unit Cost Cost Share 2018 2019 2020 2021 2022
Item Amount Rate/Method $ $ $ $ $
2 Pumping Plant(533) 1 no' 2,378
2a HU-Pump<=1.5 HP 1 Ea $2,378 0400 PR' 2,378
/Ea
Notes: 'Payment rates define the unit cost rate of compensation to be received by the participant.
Page 1 of 26
RE: [External Email]RE: Area to be impacted
Kirkland, Kory - NRCS, Louisa, VA <kory.kirkland@usda.gov>
=ri 11/5/2021 11.35 AM
To. Frank Pohl <fpohl@albemarle.org>
Cc: Bart Svoboda <bsvoboda@albemarle.org>; Kenny Thacker <kthacker3@albemarle.org>;Timothy Kindnck
<timothy-kindrick@hotmail.com>
Hello Frank,
As a follow-up to our phone call and based on the map that Mr. Kindrick has provided below are some comments:
I have been working with Tim Kindrick on a multiyear project to conserve, improve, and protect the natural
resources on his farm. This project promotes improved pasture condition and use, permanent/perennial
vegetation, and some use exclusion on areas that are most vulnerable. Part of the project area includes the area
that Mr. Kindrick has proposed to use clean fill dirt as a land treatment to improve existing condition for
continued/improved agricultural use.
The predominant soil type at this location is Hayesville loam. Hayesville is generally a good productive soil, but it
has limitations due to its vulnerability to surface erosion. Historically many of these soils have been limited
through intensity of use. This site reflects that soil condition.
Based on existing condition (roughness, uneven grades, lack of positive drainage at highest point) I believe what
Mr. Kindrick is proposing can bring benefit to the sites existing agricultural use if done properly. Mr. Kindrick and I
have discussed filling and compacting (to mimic a natural soil condition),grading/shaping(to mimic the natural
landscape and natural landforms), need for inputs (lime/fertilizer/living roots)to improve condition for commonly
occurring agricultural commodities, and the need for mulching and seasonal/temporary cover until a
permanent/perennial agricultural solution is applied.
I hope this helps. Let me know if you have any questions or need additional input.
Thank you
Kory Kirkland
USDA-N RCS
District Conservationist
540-603-3204
From: Frank Pohl<fpohl@albemarle.org>
Sent: Friday, November 5, 2021 10:43 AM
To: Kirkland, Kory- NRCS, Louisa,VA<kory.kirkland@usda.gov>
Cc: Bart Svoboda<bsvoboda@albemarle.org>; Kenny Thacker<kthacker3@albemarle.org>;Timothy Kindrick
<timothy_kindrick@hotmail.com>
Subject: [External Email]RE:Area to be impacted
[External Email]
If this message comes from an unexpected sender or references a vague/unexpected topic;
Use caution before clicking links or opening attachments.
Please send any concerns or suspicious messages to:Spam.Abuse( usda.gov
Kory,
Once we receive your input in writing,we can move forward.
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