HomeMy WebLinkAboutSE202200018 Review Comments Waiver, variation or substitution requirement 2022-07-20y Bf/�.
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
To: Albemarle County Board of Supervisors
From: Bart Svoboda, Zoning Administrator
Date: June 27, 2022
Re: SE202200018 (4394 Carriage Hill Drive, Earlysville)
TMP: 03200-00-00-00100 and 03200-00-00-00200
Magisterial District: White Hall
School Districts: Broadus Wood, Jouett, Albemarle
Zoning District: RA Rural Areas
Summary of Application for Exception:
Kindrick Fill Area
Pursuant to County Code § 18-5.1.28(d), the applicant has applied for an exception from all requirements of
County Code § 18-5.1.28 on Parcels 03200-00-00-00100 and 03200-00-00-00200.
Please see Attachment A for full details of staff's analysis and recommendations.
Staff Recommendation:
Staff recommends that the Board adopt the attached Resolution (Attachment G) to deny the exception
application.
Attachments:
A. Staff Analysis
B. CLE2022-037 Kindrick Fill Area Approved Zoning Clearance
C. County Code § 18-5.1.28 - Clean Earth and Inert Waste Fill Activity Regulations
D. Location Map
E. Special Exception Application and Information
F. SE202200018 Proposed Fill Area
G. Resolution
Attachment A - Staff Analysis
STAFF PERSON: Bart Svoboda, Zoning Administrator
BOARD OF SUPERVISORS: July 20, 2022
PROJECT: SE202200018 (4394 Carriage Hill Drive, Earlysville) Kindrick
Fill Area
PROPERTY OWNER: Kindrick, Alan, and Ada Joint Trust C/O Timothy K Kindrick
LOCATION: 4394 Carriage Hill Drive
TAX MAP PARCEL: 03200-00-00-00100 and 03200-00-00-00200
MAGISTERIAL DISTRICT: White Hall
APPLICANT'S PROPOSAL:
Pursuant to County Code § 18-5.1.28(d), the applicant has applied for an exception from all
requirements of County Code § 18-5.1.28 on Parcels 03200-00-00-00100 and 03200-00-00-00200.
The applicant is currently operating a two -acre clean earth fill activity on each parcel, as allowed by
right in County Code § 18-4.3.1, with an approved zoning clearance (Attachment B) issued on May 24,
2022. The activity is required to be compliant with County Code § 18-5.1.28 (Attachment C) and all
other applicable requirements.
CHARACTER OF THE PROPERTY AND AREA:
The property is located at 4394 Carriage Hill Drive, Earlysville (Attachment D). The request
involves two parcels (TMP 03200-00-00-00100 and 03200-00-00-00200) that are zoned Rural
Areas. One parcel contains 155 +/- acres, and the other is 77 +/- acres. The two parcels are
mostly open fields with about 1/3 in trees or brush. The property borders Chris Greene Lake
Park on its eastern side.
PLANNING AND ZONING HISTORY:
The two parcels involved in the request have historically contained agricultural use. No dwelling
units are located on the parcels. As of the date of this report, there is no record of any zoning
violation on either parcel.
ABUTTING PROPERTY OWNER COMMENTS
Notices to abutting property owners were mailed on July 7, 2022.
COMPREHENSIVE PLAN:
The property is designated as Rural Area in the Comprehensive Plan. This designation includes
preservation and protection of agricultural, forestal, open space, and natural, historic, and scenic
resources, as discussed in the Rural Area chapter of the Comprehensive Plan. Staff recognizes
that care must be taken not to overwhelm or negatively affect the resources that make rural
Albemarle attractive to residents and tourists. Staff does not believe that this proposal contains
sufficient information to determine how it complies with the overall goals of the Comprehensive
Plan.
ANALYSIS OF THE APPLICATION FOR EXCEPTION:
Special exceptions are subject to County Code § 18-33.5, under which the Board may either
approve or deny an application, defer action to allow for changes before final action or refer the
application to the Planning Commission.
To grant the requested special exception, the Board is required to make both general and
specific findings in support of its action. To waive or modify any supplementary zoning regulation
generally, County Code § 18-5.1 requires a finding that the applicable requirement "would not
forward the purposes of [the Zoning Ordinance] or otherwise serve the public health, safety, or
welfare or that a modified regulation would satisfy the purposes of [the Zoning Ordinance] to at
least an equivalent degree as the specified requirement."
Regarding the Zoning Ordinance's fill requirements specifically, County Code §18-5.1.28(d)(1)
provides that a variation or exception from any requirement of this section may be approved
upon a finding that any of the following factors are satisfied:
(i) the proposed fill activity would further agricultural use of the property,
(ii) the variation or exception would allow for a more natural appearance of the site
after the fill activity has occurred,
(in) a reduction in setback from the entrance corridor is recommended by the
Architectural Review Board;
(iv) the variation or exception is supported by the abutting owners impacted by the
variation or exception;
(v) approval of any variation or exception is consistent with an approved and valid
initial or preliminary site plan or any other land use decision of the County;
(vi) the proposed fill activity will be of limited duration (less than 90 days) and involve
not more than 10,000 cubic feet offill within any 12 months.
Staff acknowledges that the proposed clean earth fill activity may (i) further the agricultural use of
the property and (ii) present a more natural appearance when the fill activity has ceased.
However, staff is unable to support a finding under County Code § 18-5.1 that a modified
regulation (or in this case, the complete lack of regulation under County Code § 18-5.1.28) would
satisfy the purposes of the Zoning Ordinance to at least an equivalent degree as the applicable
requirements. No plan has been provided or proposed that outlines the duration of the clean
earth fill activity, identifies the finished grades once the project is complete, or ensures that the
amount of soil would be limited to 10,000 cubic feet within any 12 months. Also, 40 +/- acres of
the proposed fill area (Attachment F) is located along Jacobs Run directly upstream of Chris
Greene Lake, potentially negatively impacting those water bodies and downstream properties.
Finally, the subject property is under an ACE conservation easement, co -owned by the County,
that strictly limits grading, blasting, earth removal, and mining.
RECOMMENDATION:
Staff recommends that the Board adopt the attached resolution (Attachment G) to deny the
application for an exception.
ATTACHMENTS
A. Staff Analysis
B. CLE2022-037 Kindrick Fill Area Approved Zoning Clearance
C. County Code § 18-5.1.28 - Clean Earth and Inert Waste Fill Activity Regulations
D. Location Map
E. Special Exception Application and Information
F. SE202200018 Proposed Fill Area
G. Resolution
Albemarle County
Zoning Clearance Application `°�W *Rd.N
nor rAdm4e act. enn wei9
cnupumwa vr, xzsm
Winne 43129e.51QV
FOR OFFICE USE ONLY Clearance Number: CLZ20Z2 —a00a%
Fee Amount: S 61.36 Date Paid: 31 2g + S Q By: -r ♦K; ld vi Cr,
Application fee: $69 + Technology surcharge: $2.36
Receipt #:$'{ ( %;. Check #: 3 (t o By: Dh<::)
Applicant - Fill out the entire page below and return to:
Community Development 401 McIntire Rd, North Wing, Charlottesville, VA 22902
Name:
EaAallAddress:
�nnrlh.l_ 1'..ar
Mailing Address:
/ tz
Phone A:
4-4-i-t - oi-
Tax Map and Parcel
number and/or Address
of the Business:
032c� oo ,� _ OG
�i
0 34 0�1 "C�o —C' — CDO ZOG
Zoning:
Staff will fllbut 0uNmown
Parcel Owner:
fv�o — —
Owneesliddress:
Check any that apply:
New Business ❑ Change of use a of Ownership E Change of Name
Business Name:
Description of Business:
Describe the business including use, number of employees, number of shifts, availability of parking, and any additional info.
NAr rw.- C- I -met.. �-J . 1 A- 0��
Previous Business on Site:
N 1A
Floor Plan:
Please attach other an architectural drawing or a sketch of the proposed business indicating the location of uses, the
uses of rooms, the total square footage of the use, and any additional information. N tek
Total Square Footage Used
for the Business:
Is the Parcel Zoned LI, NI, or PCIP?
Yes No n p 6 yes, all out a Cerhfled Enoneer's Report (CER)
Will there be food preparations
Yes No OrIf yes, provide Virginia Department of Health approval
Is the Parcel on public water or private well?
Public El PW If on private well, provide Virginia Department of Health approval
Is the Parcel on public sewer or septic?
Pudic It on septic, provide Virginia Department of Health approval
Will you be putting up any new signage?
Yes t+pj If yes, obtain appropriate sign permit and list permit # below
Will there be new construction or renovations?
a Yes 91 *IN- If yes. obtain appropriate building permit and list permit # below
Please list any applicable Building Permit ilk:
WIN
Zoning Clearance review cannot begin until the application above is complete and all applicable forms and fees are submitted.
This Clearance will only be valid on the parcel for which it is approved. If you change, intensity, or move the use to a new
location, a new Zoning Clearance will be required.
I hereby certify that I own or have the owner's permission to use the space indicated on this application. I also certify that the
information provided is true and accurate to the best of my knowledge. I have read the conditions of approval, and I understand
them, and that I will abide by them.
Signature lL
Date
Albam" County
Zoning Clearance Application `0�ny0�°�
C ftWle. Nanbwho
CnMd,M+N. VA 12007
40 Rw 4342e6.5e32
Applicant - If you are not the land owner, please fill out the entire page below confirming that you have either
informed or are going to inform the owner of your zoning clearance application.
CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN
PROVIDED TO THE LANDOWNER
I certify that I will provide (or have provided) notice of this clearance application,
dearame number provided by Staff or business name
to the owner
Name of landowner on record
of Tax Map and Parcel Number oby either delivering a
TMP number f progeny
copy of the application to them in person or by sending them a copy of the application by
mail. (Please check one of the following below)
❑ Hand delivering a copy of the application to the owner identified above on
Date
Mailing a copy of the application to the owner identified above on
Date to the following address:
(Written notice to the owner and last known address on our record books will satisfy this
requirement. Please see staff for help determining this information if needed)
Signature of Applicant
Applicant Name Printed
Date
3
For Albemarle County Staff Review Only
Proposed Use: iaCUWAI
EARrA( G/LL
fMmltHd:
❑ Yes ❑ No
Permitted by Section:
!�3•�
QUR,$ /'^QX/
pplementary RegulatIons:
AppNvbM Special Use Permit (SPY
Applkable Razonings (ZMA):
Applicable Site Plans (SDP):
Parking:
--__
If there is an approved site plan associated with the parcal, the parking requirements wall be defined by the SDP. Some
parking requirements are determined by a ZMA or by an approved Code of Development.
Parking Formula:
-
Dellned li I
❑Site Plan ❑ Zoning Ordlnanu ❑ coo ❑Existing
Total Square Foots" of the Uss:
Required number of parking spaces:
Associated Clearances:
Variances:-
—
Violations:
Is a site Inspection necessary?:
as No MOGUL , J
Salo Inspection on (date):
To CoalMtn:
Notes:
Conditions of Approval:
Additional conddrons Sf approval apply to Fireworks and Christmas Trees
Approval Information
❑ Approved as proposed d/ � Approved with conditions ❑ Denied
❑ Backflow prevention device and/or current test data needed for this site. Contact ACSA, 434.977.4511 ext. 117
No physical site Inspection has been done for this clearance. Therefore, It Is not a determination of compliance
with the existing site plan.
❑ This site complies with the site plan as of this date.
Conditions: lvio�ty ��sm �w sere /3E 11157aeee7D r //�Y-cr 20WAIMI e.
Additional Nobs: I. rE r'Wa -&C- Az)&Wo /.(/ e-54-V' WRAWaooee vi/aima . rev/Mmk-4-/s"
Building
Zoning
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Date
Other Official Date
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Phone: 434.296.5832 Fax: 434.972.4126 4
IN
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Conservation Service County: Albemarle
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Soil Conservationist
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617/22, 7:49 AM Albemarle County, VA Code of Ordinances
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:
1. 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.
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.
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.
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.
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 bondorother surety, or any unexpended or unobligated portion
thereof, shall be refunded to the owner.
6. Fill activity (except for access) must be set back a minimum of 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.
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.
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.
10. No fill activity may occur within the drip line of any tree.
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
1/3
617122, 7:49 AM
include area used for exclusively for access.
Albemarle County, VA Code of Ordinances
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.
13. If a private street, shared di iveway 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 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 80,000 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.
14. No fill activity may occur until the Virginia Department of Transportation has approved the entrance onto the highway.
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.
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:
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.
A. 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, 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.
c. Inert waste fill activity is not permitted in the Rural Areas (RA), Village Residential (VR) or Monticello. Historic District (MHD)
zoning districts without approval of a variation or exception as permitted in section 33.43 of this chapter.
d. The Board of Supervisors may approve a variation or exception from any requirement of this section.
1. A variation or exception from any requirement of this section may be approved upon a finding that any of the following
factors are satisfied: (i) the proposed fill activity would further agricultural use of the property; (ii) the variation or exception
would allow for a more natural appearance of the site after the fill activity has occurred; (III) a reduction in setback from the
entrance corridor is recommended by the Architectural Review Board; (iv) the variation or exception is supported by the
abutting owners impacted by the variation or exception; (v) approval of any variation or exception is consistent with an
approved and valid initial of Preliminary site plan or any other land use decision of the County; (vi) the proposed fill activity
will be of limited duration (less than 90 days) and involve not more than 10,000 cubic feet of fill within any 12 months.
2. The agent will provide written notice by first class mail or by hand at least five days before the Board hearing to the owner
or owners, their agent or the occupant, of each parcel involved; to the owners, their agent or the occupant, of all abutting
2/3
6f7/22, 7:49 AM
Albemarle County, VA Code of Ordinances
property and property imm=diately across the street or road from the property affected, including those parcels which lie
in other localities of the Commonwealth; and, if any portion of the affected property is within a planned unit development,
then to such incorporated property owners associations within the planned unit development that have members owning
property located within 2,000 feet of the affected property as may be required by the commission or its agent.
3. A party's actual notice of, or active participation in, the proceedings for which the written notice provided by this section is
required waives the right of that party to challenge the validity of the proceeding due to failure of the party to receive the
written notice required by this section.
(§ 5.1.28, 7-6.83; Ord. 01-18(6), 10-3-01; Crd. 02-18(5)_ 7-3-02; Ord. 20-1 £(3), 9-16-20)
3/3
Attachment C
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:
1. 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.
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.
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.
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.
S. 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.
6. Fill activity (except for access) must be set back a minimum of 150 feet from any entrance corridor
street.
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.
(Supp. No. 2, Update 7)
Created: 2922-M-21 11:39:28 [EST]
Page 1 of 3
Attachment C
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.
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.
10. No fill activity may occur within the drip line of any tree.
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.
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.
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 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 80,000
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.
14. No fill activity may occur until the Virginia Department of Transportation has approved the entrance
onto the highway.
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.
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:
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, 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.
(Supp. No. 2, Update 7)
Created: 2922-M-21 11:39:28 [EST]
Page 2 of 3
Attachment C
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.
C. Inert waste fill activity is not permitted in the Rural Areas (RA), Village Residential (VR) or Monticello Historic
District (MHD) zoning districts without approval of a variation or exception as permitted in section 33.43 of
this chapter.
d. The Board of Supervisors may approve a variation or exception from any requirement of this section.
1. A variation or exception from any requirement of this section may be approved upon a finding that any
of the following factors are satisfied: (i) the proposed fill activity would further agricultural use of the
property; (ii) the variation or exception would allow for a more natural appearance of the site after the
fill activity has occurred; (iii) a reduction in setback from the entrance corridor is recommended by the
Architectural Review Board; (iv) the variation or exception is supported by the abutting owners
impacted by the variation or exception; (v) approval of any variation or exception is consistent with an
approved and valid initial or preliminary site plan or any other land use decision of the County; (vi) the
proposed fill activity will be of limited duration (less than 90 days) and involve not more than 10,000
cubic feet of fill within any 12 months.
2. The agent will provide written notice by first class mail or by hand at least five days before the Board
hearing to the owner or owners, their agent or the occupant, of each parcel involved; to the owners,
their agent or the occupant, of all abutting property and property immediately across the street or
road from the property affected, including those parcels which lie in other localities of the
Commonwealth; and, if any portion of the affected property is within a planned unit development,
then to such incorporated property owners associations within the planned unit development that
have members owning property located within 2,000 feet of the affected property as may be required
by the commission or its agent.
3. A party's actual notice of, or active participation in, the proceedings for which the written notice
provided by this section is required waives the right of that party to challenge the validity of the
proceeding due to failure of the party to receive the written notice required by this section.
(4 5.1.28, 7-6-83; Ord. 01-18(6) , 10-3-01; Ord. 02-18(5) , 7-3-02; Ord. 20-18(3) , 9-16-20)
(Supp. No. 2, Update 7)
Created: 2922-M-21 11:39:28 [EST]
Page 3 of 3
Kindrick Property Location Map Attachment D June 27, 2022
it 111 : N ■'t •
' 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
❑ Relief from a condition of approval
Provide the following
I copy 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.
Provide the following
I copy 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.
FEE = 523.12
Application $503 + Technology surcharge $20.12
Project Name : K \' r„ �( )L 1�i't
Current Assigned Application Number (HS, HO, CLE, SDP, SP or ZMA
Tax map and parcel(s): 034oa oo - M--oo tc�o , Q3L926 - cc -Cx'-�--C�O��
Applicant/Contact Person .`ic--
Address l Alta 4`1.6G 1�tt_L City �iy#5� ��� State_J&Zip O93(,
�P\�t
Daytime Phone# (4J3LJ) NnJ,,�7 Fax# ( ) Email "�kQ
�j t�clvy.�,cn
Owner of Record M a-s-i F �D w sgs.N��� . _} debt 0/D (. nAt L wa4,•ek
Address y�0"41w kA'Vbty�c City State\]A Zip722Z
Daytime Phone# (L(3q) lb�6 Zz y Fax# ( ) �J _ Email Akmo f \H �Sj-&
County of Albemarle
Community Development Department
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 9724126
Revised 7/1/2021
•
•
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, 1 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.
I&L
Signature
�lof Owner
s� ))/ Agent / Contract Purchaser
1' Cott-,na rL
Pont Name
3�as�zoz z
Date
q94- L{o9- LzZ
Daytime phone number of Signatory
FOR OFFICE USE ONLY APPLICATION# E 202 2=S Fee Amount $ 5 • 12. Date Paid' 2
B}'who?Tme+hu KI►7(Vj(Ki Receipt# 3 (I#JS By lb
Revised 7/ 1 /202 I
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]
Date
aMailing a copy of the application to
lName or me recom owner it me recore owner is a person; i
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
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.
:7S�I3�3;TiDL`IB
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/N RCS. 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.
US DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
NRCS-CPA-1202
1012015
CONSERVATION PROGRAM CONTRACT
Participant:
TIMOTHY K KINDRICK
Program and Contract Number:
EQIP 2014 7433A7180AQ
County and State:
Subaccount:
ALBEMARLE County, VA
Livestock - Farmville (Area III - Farnville)
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 (non4ndividuals)
(434)409-6224
Signature
Payment Shares
TIMOTHY K KINDRICK
100.00%
Date 12121/2017
Signature required for modifications ✓ Yes ❑ No
Signature acceptable for payments ✓ Yes > No
5. CONTRACT OBLIGATIONS
2018 1 2019 1 2020
Total
$30,035 1 $121,978 1 $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
KORY KIRKLAND
USDA electronic signature; manual signature not required.
Contract Obligation
KILBY MAJETTE
USDA electronic signature; manual signature not required.
Date: 1 /9/2018 1 Date: 1 /31 /2018 1
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: 2rogram.intakeDusda.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 OR MODIFICATION OF A CONTRACT 0312019
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
NUMBERAND
DATE
DATE
12/3112023
4—N/A
Contract Items 1: Water Well(642) Practice Llfespan: 20 years Status: Certified 5/29/2018
Install a well.
Fields:
Tract 3833 Fields: 2,
Contract
Item
Planned Conservation Treatment
Certified
Amount
Unit Cost
Cost Share
Rate/Method
COMPLETION SCHEDULE AND ESTIMATED COST -SHARE OR PAYMENT BY YEAR
2018
$
2019
$
2020
$
2021
$
2022
$
1
Is
Water Well(642)
HU-Ddlled well for consolidated geologic sites with stable
rock formations limited casing)
320 no
320 ft
$22.7900/ fit
PR`
7.293
7,293
Notes: 'Payment rates define the unit cost rate of compensation to be received by the participant.
Contract items 2: Pumping Plent(533) Practice Lifespen: 15 years Status: Certified 10/10/2018
Install a pumping facility to transfer water for a need(s).
Fields:
Tract 3833 Fields: 2;
Contract
Item
Planned Conservation Treatment
Certified
Amount
Unit Cost
Cost Share
Rate/Method
COMPLETION SCHEDULE AND ESTIMATED COST -SHARE OR PAYMENT BY YEAR
2018
$
2019
$
12020
$
2021
$
2022
$
2
2a
Pumping Plant(533)
HU-Pump <= 1.5 HP
1 no
1 Ea
$2,378 0400
/ Ea
PR'
2,378
2,378
Notes: 'Payment rates define the unit cost rate of compensation to be received by the participant.
Page 1 of 26
RE: [External Err il]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@albemade.org>
Cc: Bart Svoboda <bsvoboda@albemarle.org>; Kenny Thacker <kthacker3@albemarle.org>; Timothy Kindrick
<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.
Thankyou
Kory Kirkland
USDA-NRCS
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:;tnam.AbuseCdusda.aov
Kory,
Once we receive your input in writing, we can move forward.
.NIPMns COUNTY
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Property Layout /SE202200018 Attachment F June 29, 2022
4 NRCS C011!~i,. SS....
Ati tied by: Jon LpWMW
501 COnaervalloniu
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Thomn Jeffason SWCD
Basic Flan Map
Dale: 10-25-201,
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Producer T. Kindrick
RESOLUTION TO DENY SE2022-00018 —
4394 CARRIAGE HILL DRIVE (KINDRICK FILL AREA)
WHEREAS, upon consideration of the Memorandum prepared in conjunction with the SE202200018,
4394 Carriage Hill Drive (Kindrick Fill Area) application and the attachments thereto, including staffs
supporting analysis, any comments received, and all of the factors relevant to the exception in Albemarle
County Code § 18-5.1.28 and 18-33.9, the Albemarle County Board of Supervisors hereby finds that a modified
regulation would not satisfy the purposes of the Zoning Ordinance to at least an equivalent degree as the
applicable requirement, and that the proposed exception:
0) would not be consistent with an approved and valid initial or preliminary site plan or any other
land use decision of the County;
(ii) would not be of limited duration (less than 90 days) and/or would involve more than 10,000
cubic feet of fill within any 12 months,
NOW, THEREFORE, BE IT RESOLVED, that in association with the SE202200018, 4394 Carriage
Hill Drive (Kindrick Fill Area), the Albemarle County Board of Supervisors hereby denies the application for an
exception from all requirements of Albemarle County Code § 18-5.1.28.
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as
recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Aye Nay
Mr. Gallaway
Ms. LaPisto-Kirtley
Ms. Mallek
Ms. McKeel
Ms. Palmer
Ms. Price