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Home My WebLink AboutSDP200400062 Action Letter Site Plan Waiver 2013-05-06 ��pF ALg�,, COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville,Virginia 22902-4596 Phone (434) 296-5832 Fax(434) 972-4126 May 6, 2013 Jessica Primm Clifton Inn 1296 Clifton Inn Drive Charlottesville, VA 22911 Dear Jessica, Thank you for your letter documenting the recent removal of 10-12 Virginia pine trees on the grounds at the Clifton Inn. We visited the site on Friday, April 26 and verified that the location where the trees were removed falls within a Water Protection Ordinance (WPO) buffer area. The Water Protection Ordinance is administered by the County Engineer, and section 17-318 B states that dead, diseased, and dying trees may be removed within 25 feet of the top of a stream bank. From a zoning perspective, tree cutting is considered a by-right use in the Rural Area; however, cutting of anything other than dead trees or trees with a diameter less than 6 inches within 15 feet of a stream, even if the trees are thought to be diseased or dying, requires a recommendation from the Virginia Department of Forestry prior to tree removal per County Code 18-4.3b & c. I have attached a copy of the relevant sections of the Code for your reference. Please also note that if significant tree cutting is planned for the Clifton Inn property in the future (TMP 07900-00-00-023B0), a site plan amendment may be required since property under a site plan is subject to compliance with that plan. Please don't hesitate to contact me if you have any additional questions. Sincerely, . /L Amanda Burbage Senior Planner, Albemarle County ALBEMARLE COUNTY CODE A. If the development is located within a development area or an area of infill and redevelopment, stream buffers shall be retained if present and established where they do not exist on any lands subject to this article containing perennial streams, and/or nontidal wetlands contiguous to these streams. The stream buffer shall be no less than one hundred(100)feet wide on each side of such perennial streams and contiguous nontidal wetlands,measured horizontally from the edge of the nontidal wetlands,or the top of the stream bank if no wetlands exist. B. If the development is located within a water supply protection area or other rural land, stream buffers shall be retained if present and established where they do not exist on any lands subject to this article containing perennial or intermittent streams,nontidal wetlands contiguous to these streams,and flood plains. The stream buffer shall extend to whichever of the following is wider: (i)one hundred(100) feet on each side of perennial or intermittent streams and contiguous nontidal wetlands, measured horizontally from the edge of the nontidal wetlands,or the top of the stream bank if no wetlands exist; or (ii)the limits of the flood plain. The stream buffer shall be no less than two hundred(200)horizontal feet wide from the flood plain of any public water supply impoundment. C. On agricultural lands used for crop land, whether located in a development area, an area of infill and redevelopment, a water supply protection area or other rural land, the stream buffer shall include all perennial streams,non-tidal wetlands contiguous with these streams,and a twenty-five(25)foot buffer,measured horizontally from the edge of contiguous non-tidal wetlands,or the top of the stream bank if no wetlands exist. On these lands,the stream buffer shall be managed to prevent concentrated flows of surface water from breaching the buffer area. Each owner of crop land with a stream buffer shall have developed by the Thomas Jefferson Soil and Water Conservation District a soil and water conservation plan, or a component thereof,which, shall be based on an assessment of existing conservation practices of the crop land. D. Each stream buffer shall be maintained and incorporated into the design of the land development to the fullest extent possible. E. Except for the activities pertaining to the management of a stream buffer identified in section 17-318,the types of development authorized in a stream buffer identified in section 17-320,and the additional types of development which may be allowed in a stream buffer identified in section 17-321, no indigenous vegetation within the stream buffer shall be disturbed or removed, regardless of the size of the area affected. (§ 19.3-41, 2-11-98; § 19.2-8, 6-19-91; Code 1988, §§ 19.2-8, 19.3-41; Ord. 98-A(1), 8-5-98; Ord. 08- 17(1),2-6-08) State law reference--Va.Code§ 10.1-2108. Sec. 17-318 Management of stream buffer. Each stream buffer required to be retained or established pursuant to section 17-317 shall be managed as provided herein: A. In order to maintain the runoff, erosion, nonpoint source pollution control, stream temperature, and ecological values of the stream buffer, indigenous vegetation shall be preserved to the maximum extent possible. The target vegetative cover in the stream buffer shall be an indigenous riparian forest with ground cover, shrub, and tree canopy layers. Removal of vegetation in the stream buffer shall be allowed only as provided in paragraphs(B)and(C). B. Within twenty-five (25) feet of the top of the stream bank and on land classified as nontidal wetland: 1. Indigenous riparian vegetation shall be preserved or allowed to evolve by natural succession where it does not exist; 17-31 Supp #19,7-08 ALBEMARLE COUNTY CODE 2. Dead,diseased,and dying trees may be removed; 3. Fallen trees that are blocking stream channels, or trees with undermined root systems in imminent danger of falling,may be removed where stream bank erosion is a current or potential problem that outweighs any positive effects the fallen tree or trees may have on the stream ecosystem; 4. Removal or pruning of invasive shrub and vine species is allowed,provided that such removal or pruning is done in a manner that prevents erosion;and 5. Pathways shall be constructed so as to effectively control erosion; stormwater channels shall be constructed to prevent erosion. C. Beyond twenty-five (25) feet from the top of the stream bank and outside of nontidal wetlands: 1. Dead,diseased,and dying trees may be removed; 2. Silvicultural thinning may be conducted based upon the best available technical advice of a professional forester; 3. Trees may be pruned or removed as necessary to provide limited sight lines and vistas, provided that if trees are removed, they shall be replaced with other vegetation that is equally effective in retarding runoff,preventing erosion,and filtering nonpoint source pollution from runoff; 4. Trees six(6)inches in diameter or greater at breast height shall be preserved; 5. Removal or pruning of invasive shrub and vine species shall be allowed, provided that such removal or pruning is done in a manner that prevents erosion;and 6. Pathways and stormwater channels shall be constructed to effectively control erosion. (§ 19.3-42,2-11-98,§ 19.2-8,6-19-91,§ 8;Code 1988,§§ 19.2-8, 19.3-42;Ord.98-A(1),8-5-98) State law reference--Va.Code§ 10 1-2108. Sec. 17-319 Types of development exempt from duties to retain,establish or manage a stream buffer. The following types of development shall not be required to retain, establish or manage a stream buffer,provided that the requirements of this section are satisfied: A. The construction, installation, operation and maintenance of electric, gas and telephone transmission lines, railroads, and activities of the Virginia Department of Transportation, and their appurtenant structures,which are accomplished in compliance with the Erosion and Sediment Control Law (Virginia Code §§ 10.1-560 et seq.)or an erosion and sediment control plan approved by the Virginia Soil and Water Conservation Board. B. The construction, installation, and maintenance by public agencies of water and sewer lines, including water and sewer lines constructed by private interests for dedication to public agencies, provided that: 1. To the extent practical,the location of such water or sewer lines shall be outside of all stream buffer areas; 2. No more land shall be disturbed than is necessary to construct,install and maintain the water or sewer lines;and 17-32 Supp.419,7-08 ALBEMARLE COUNTY CODE 4.2.6 EXEMPTIONS A lot, structure, or improvement may be exempt from the requirements of section 4.2 as provided herein: (Added 10-17-01) a. Any structure which was lawfully in existence prior to the effective date of this chapter and which is nonconforming solely on the basis of the requirements of section 4.2, may be expanded, enlarged, extended, modified and/or reconstructed as though such structure were a conforming structure. For the purposes of this section,the term "lawfully in existence" shall also apply to any structure for which a site development plan was approved or a building permit was issued prior to the effective date of this chapter,provided such plan or permit has not expired. (Amended 10-17- 01) b. Any lot or parcel of record which was lawfully a lot of record on the effective date of this chapter shall be exempt from the requirements of section 4.2 for the establishment of the first single- family detached dwelling unit on such lot or parcel; provided that section 4.2.3.2 shall apply to such lot or parcel if it contains adequate land area in slopes of less than twenty-five (25)percent for the location of such structure. For the purposes of this section a manufactured home shall be deemed a single-family detached dwelling unit.(Amended 10-17-01) c. Accessways,public utility lines and appurtenances,stormwater management facilities,and any other public facilities necessary to allow the use of the parcel shall not be required to be located within a building site and shall not be subject to the requirements of this section 4.2.2,provided that the applicant demonstrates that no reasonable alternative location or alignment exists. The county engineer shall require that protective and restorative measures be installed and maintained as deemed necessary to insure that the development will be consistent with the intent of section 4.2 of this chapter.(Added 10-17-01) (§20-4.2.6, 12-10-80;§ 18-4.2.6,Ord.98-A(1),8-5-98;Ord.01-18(7), 10-17-01) 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 (6) inches in diameter measured at six (6) 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; 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 fifteen (15) feet of any perennial stream or water supply impoundment may be cut, except for dead trees or trees of less than six (6) inches in diameter measured at six (6) inches above ground; or in order to provide access for livestock or for another permitted use; 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; 18-4-10 Zoning Supplement 474,7-11-12 ALBEMARLE COUNTY CODE 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) 4.3.1 FILL AREAS,WASTE AREAS Fill and waste areas shall be permitted in all zoning districts. Fill and waste activities shall be permitted only in accordance with section 5.1.28 of this ordinance. (§20-4.3.1,7-3-83;§ 18-4.3.1,Ord.98-A(1),8-5-98) 4.3.2 SPECIAL LOTS Special lots shall be permitted in all zoning districts. (§ 18-4.3.2,Ord. 11-18(6),6-1-11) 4.4 VISIBILITY CLEARANCE AT INTERSECTIONS For protection against traffic hazards,no material impediment to visibility shall be placed,allowed to grow, erected or maintained on any parcel so as to restrict sight distance at any intersection of any public street, private road or driveway, or at the intersection of any alley and public street or private road, below the minimum required by the Virginia Department of Transportation for such intersection. (§20-4.4, 12-10-80,9-9-92;§ 18-4.4,Ord.98-A(1),8-5-98;Ord.02-18(2),2-6-02) 4.5 REQUIREMENTS FOR CONDOMINIUMS 4.5.1 Definitions: For purposes of this section the meaning of all terms shall be controlled by section 55-79.41 of the Code. 4.5.2 Where permitted: Condominiums shall be permitted in all zones in which is permitted any physically identical development; provided that site development plan approval shall be required for any condominium development. 4.5.3 Compliance with ordinance: All condominiums and the use thereof shall in all respects comply with the provisions of this ordinance, and no vested rights shall be created upon the conversion to condominiums of the use thereof if either the condominium or the use thereof does not conform to the provisions of this ordinance. Except as otherwise specified, provisions of this ordinance applicable to condominiums shall be those provisions applicable to physically identical developments. 4.6 LOT REGULATIONS 4.6.1 FRONTAGE AND LOT WIDTH MEASUREMENTS Lot frontage and the minimum lot width shall be established as follows: a. Except as otherwise provided in sections 4.6.1 and 4.6.6,every lot shall front on an existing public street, or a street dedicated by subdivision plat and maintained or designed and built to be maintained by the Virginia Department of Transportation, except that private roads shall be permitted in accordance with section 14-514 of Chapter 14 of the Code of Albemarle. b. Except as specifically permitted in this section, frontage shall not be less than required by the regulations of the district in which the lot or parcel is located. 1. Frontage on a public street cul-de-sac or on a private road cul-de-sac may be reduced provided that driveway separation shall be in accordance with Virginia Department of Transportation standards. 18-4-11 Zoning Supplement#74,7-11-12 ✓„...rr . .Y,.-�c h-.4k S w eiv t- vewtovcl . �,ijs�-J� StdnerRoliinsonfES' 3055 Legend �0 4:y \\ / .� ' I �� / (Note Some items on map may not appear in legend) / JJ ��Q4,ft\� f�� ? 380�� a... ?�y \�,9 0 `p� �� 376 :.1 irt nc e��r79�s�F ` 3�� 95E z3097o�,�n\\�� \ J\\ t 7.9-2\6 6fly ;�.�ra.,�� u \ 3�-3/A� we : . 356 ft� '�e�,,�s�.„ N. �� rofO .. -- _ 1 r 1 4'4' ''' ; Nr �' 79-23A "� ,n '�Q ? �iNw1 \f,, co at. , . Vio , \'' /'Iiik \ 0. :� p`i °*, / \ \ o, r 'S 3ss'n 3s2 ft gat 41' 1. dlect .....,4,41 A o' c j 3a8 � '7�6. 38O'R_ $� "�' >� i�. '^ 372-ft p _ oNo TM�\7' �\ 02 79 23F ` 1 '. ,e,7/9-23B 1 I /� � . ) Water Protectio \V i v .L�i""' `r�dinanceE.. ('r \, . 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FAX 434.971.7098 WWW.TH ECLI FTON INN.COM Amelia McCulley Director of Zoning County of Albemarle Community Development 401 McIntire Road Charlottesville,VA 22902 Dear Amelia: I currently manage the grounds at the Clifton Inn in Albemarle County. Per Kenny Thacker's request, I am writing to document a recent tree removal that we performed within a Stream Buffer. There was a dead long- needle pine within the Buffer area adjacent to a lake on the property. When we felled the tree for liability reasons,we realized there was evidence of Pine Bark Borer Beetle damage,which likely caused the demise of the tree. There were 10 to 12 Virginia Pine trees adjacent to the dead pine that were infested or at risk of infestation. With permission from Kenny,we removed the trees. Many cedar, oak,maple,and beech trees and saplings surround the trees, so there are no considerable openings within the canopy layer. In addition, Clifton intends to add small flowering native trees to the buffer where the pines were removed. We wanted to make you aware of this activity and our intention to keep the current Stream Buffer in tact. Sincerely, Jessica Primm Landscape Architect, The Clifton Inn