HomeMy WebLinkAboutSE202200068 Staff Report 2023-02-15 (6)Attachment E
Albernarle County
Zoning Clearance Application �w m4e Rd. N&Rd.N
het Mdeel
WrV
G�We vVAi290Q
Phone 434251e.502
FOR OFFICE USE ONLY Clearance Number:CLZ20Z2-a00a%
Fee Amount: $ 61.36 Date Paid: 31 281 SIQ By: 'T: Kind V; cr,
Appllcation fee: $59 + Technology Surcharge: $2.36
Receipt #: $'1 t % 7. Check #: 36(4 to By: ph0
Applicant - Fill out the entire page below and return to:
Community Development 401 McIntire Rd, North Wing, Charlottesville, VA 22902
Name.
^
w
E-Mail Address:
Mailing Address:
-
/ 12
Phone #:
434 - O1i-
iTax Map and Parcel
number and/or Address
of the Business:
OO _
Co�OGseRvNfllout
34 00 `� -0' - OO ZOG
Stoning:
ff unkwwn
Parcel Owner:
fv46v- — -
Owner's Address:
Check any that apply:
New Business 0 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.
N S ow...
Previous Business on Site:
IV 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. 14 �
Total Square Footage Used
for the Business:
IV /,qr
Is the Parcel Zoned Ll, HI, or PDIP?
❑ Yes 9 No C R If yes, fill out a Certified Engineer's Report (CER)
Will there be food preparation?
Yes No OrIf yes, provide Virginia Department of Health approval
Is the Parcel on public water or private well?
Pudic P If on private well, provide Virginia Department of Health approval
Is the Parcel on public sewer or septic?
❑ Public If on septic, provide Virginia Department of Health approval
J�vWill
you be putting up any new signage?
L1yes r+qj � If yes, obtain appmpnate sign permit and list permit # balm
Will there be new construction or renovations?
Ll yes NN 8 1/yes, obtain appropriate building permit and list permit # below
Please list any applicable Building Permk #a:
wipy
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____
Attachment E
Albemarle County
Zoning Clearance Application 40�nyeRd.NuM
C Mclm R0.A 22 who
CnwbnnvN, VA 2t007
Phq 431$9a.5632
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,
clearance number provided by stall or business name
to the owner
Name of landowner on record
of Tax Map and Parcel Number by either delivering a
TMP number of property
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
71 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
i7
3
Attachment E
For Albemarle County Staff Review Only
Proposed Use:
C409AI &-Ae->%l A-W C-
Pill~:
❑ Yes ❑ No
Permitted by Section:
!�/, .3•
xef s AIV
ry Reguledom,
Applicable Special Use Permit (SP):
Applicable Razonings (ZMA):
Applicable Site Plans (SDP):
Parking:
_ _ --
If there is an approved site plan associated with the parcel, the parking requirements will be defined by the SDP. Some
parking requirements are determined by a ZMA or by an approved Code of Development.
Parking Forrrwla:
_
Defined by I
❑Sits Plan ❑Zoning Ordinance ❑ CoD []Existing
Total Squaw Footage of the Use:
Required number of parking spaces:
Assoclated Clearands:
Variances:
Violations:
Is a eke Inspection necessary!:
Yea ❑ No .OGL/r; , rvO— J
Site Inspection on (date):
To Conft n:
Notes:
Conditions of Approval:
Additional conditions 6f approval apply to Fireworks and Christmas Trees
Approval Information
❑ Approved as proposed )f 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.
coeditbons: Jv1D/eV � �' m U.P sXRu 111S7R6e6-b Ta 6XI722,7-
s�KiN</lee �
Additional Notes: I,ylEJZSGIP.E P1�Al ..,az` SoCJrin /.c/ e4f-Sr 41A14DBOO&C : eloo.r1Parm a . cloy /um%r/ir.
Building
Zoning
Data/�/��y
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
57
Attachment E
4NRCSNatural Resources Basic Plan Map
Conservation Service
State: Virginia
County: Albemarle
Assisted by: Jon Lipinski
Soil Conservationist
Louisa Service Center
Thomas Jefferson SWCD Date: 10-26-2017 Producer T Kinrl irk
0 412.5 825 1.650 2,475
Feet
Map accuracy is for a wale
of 1:12,000. Som Omnim may
1:8,400 con.alrn:acmedatlmmscok. 1 inch = 700 feet
N
A
Background image
"Aenal phwography"
Date: Summer 2013
o
I
.� 4
A6
6!2
op
u
iient E
V,
I I
2
6/7/22, 7:49 AM Albemarle County, VA Code of Ordinances Attachment E
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 mature. 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 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
6/7122, 7:49 AM
include area used for exclusively for access.
Albemarle County, VA Code of Ordinances Attachment E
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. Theowner 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
areas) 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 hou, s 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.
S. 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
8
2/3
617/22, 7:49 AM
Albemarle county, VA code of Ordinances Attachment E
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.
(§ 5.1.28, 7-6.83; Ord. 01-18(6), 10-3-01; Ord. 02-18(5)_ 7-3-02; Ord. 20-1 E(3)_, 9-16-20)
3/3