HomeMy WebLinkAboutSE202200068 Staff Report 2023-02-15 (15)Attachment N
RESOLUTION TO APPROVE (ATTACHMENT N)
SE2022-00068 — KINDRICK FARM — CLEAN EARTH FILL
(4394 CARRIAGE HILL DRIVE)
WHEREAS, upon consideration of the staff reports prepared for SE2022-00068 Kindrick Farm —
Clean Earth Fill and the attachments thereto, including staffs supporting analysis, any comments
received, and all of the factors relevant to the special exception in Albemarle County Code § 18-5.1.28
and § 18-33.9, the Albemarle County Board of Supervisors hereby finds that the proposed special
exception would:
(1) not be a substantial detriment to the public health, safety or general welfare (including equity);
(2) not change the character of the adjacent parcels and the nearby area;
(3) be in harmony with the purposes and intent of the Zoning Ordinance, with the uses permitted by
right in the Rural Areas zoning district; and,
(4) be consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
approves a special exception to allow a clean earth fill area on parcels 03200-00-00-00100 and 03200-00-00-
00200, subject to the conditions attached hereto.
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
Ave Nay
Mr. Andrews
Mr. Gallaway
Ms. LaPisto-Kirtley
Ms. Mallek
Ms. McKee)
Ms. Price
Clerk, Board of County Supervisors
Attachment N
Resolution to approve the application for a special exception with the following conditions:
1. Hours of operation shall be limited to 7:30 am to 6:00 pm, Monday through Saturday. No fill
operations or related activity will occur on Sunday.
2. Only 10 trucks will run each day of operation. (Not trips, but trucks).
3. Trucks must access the site through the intersection of Advance Mills Road and Earlysville
Forest Drive to the greatest extent possible.
4. Evidence of fill activity related to this Special Exception will be provided by the Applicant to
the County upon request. Applicant agrees to maintain the ability to fulfil this request.
5. Fill activity will conform with Best Management Practices and with the standards,
specifications, and other special program criteria obtained from the Natural Resources
Conservation Service (NRCS).
6. No more than four acres of activity will be underway at one time. Two (2) acres will be in
the reclamation process and two acres will be in the fill activity process.
7. Each active area must be completed within one year of commencement.
8. The fill activity must cease by August 31, 2028. (5+ years of operation from the
approximate date of the zoning clearance issuance).