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Home My WebLink AboutSE202200068 Staff Report 2023-02-15 (18)_A� of ALBS O cis SE2O22OOO68 Kindrick Fill Area Mr. Timothy Kindrick, Applicant Board of Supervisors Meeting February 15, 2023 Advance 14111s Vicinity QA f Kindrick Fa rm SL" Earlysville Chris Greene Lake Park sso D C s r nv i �a c Dickerso • White Hall Magisterial District • Parcels 03200-00-00-00100 and 03 200-00-00- 00200 • 155 acres +/- and 77 acres +/- respectively • Bordered by Chris Greene Lake • Designated Rural Area in the Comprehensive Plan • Current Uses - Agricultural with no dwelling units 2 History • County Code § 18-5.1.28 — Clean earth and inert waste fill activity • Adopted 9-16-20 • Previous application, SE202200018 was before the BOS on July 20, 2022 • Applicant requested exemption from all regulations for fill activity • Staff did not support this SE and the Applicant's request was denied. • Staff was asked by the BOS to work with the applicant to find a solution. 3 • Supports an approved Natural Resources Conservation Service (NRCS) farm improvement plan to reclaim the property for agricultural uses • Includes the receipt of clean earth fill onto the Kindrick farm • Applicant is requesting exemption from specific sections of regulations for fill activity • Fill activity is specifically excluded as an agricultural activity by State and Local Code. Summary of Zoning Code Sec. 18-5.1.28(d)(1) MUST MEET ONE to qualify for a variation or exception: (1) Fill activity would further agricultural use of the property (ii) WrmIrI !,IIrw*, frw !p ,"rwa watlAral appeprp"rQ of the site (iii) ARB recommended a reduction in setback from the entrance corridor (iv) Supported by abutting owners impacted (v) Approval would be consistent with site plan or other County land use decision (vi) Fill activity duration < 90 days and <= 10,000 cubic' within any 12 months 5 U l®J U 318-M Summary of Zoning Code Sec. 18-5.1.28(a)(7) 31-45 B / 4400 31 B-1 4 B-1 4410 th 14,i 4420 31 B-13 8 4425 4415 111K KINDRICK FARM Access easement granted in 1886 across these 3 properties along the southern property line at a width of 15 feet. Access must be set back 50 feet from property lines and 100 feet from dwellings on adjacent property. X / _J J 00-045B0 OOD W OR PAMELA P �— 31-458 Ie s 31B-144 318-143 1335 31B 31 B,1! 31B' 142 560 1 \`\ S', \ w INC 560 318-141 /t 31B-1 8-13 5}b 31B O hb 113 h ., WaterProt�ec n �, 1 Ordfnante Buffer\ Easement Locations 12 1 Summary of Zoning Code Sec. 18- 5.1.28(a)(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. of" j Prsctlee to PWO m CM" or ~ AN"reditr M.PWW Em*mm r.o Cra» F Areas -in -outli n ed -in -black-are-the -proposed -f ill -a reas- Totaling-approximately-50-acres$ Summary of Zoning Code Sec. 18-5.1.28(b)(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. STAFF RESPONSE: • If approved and compliant, allow the activity for up to 5 years • Balance impact to abutting properties with impacts from soil disturbing activities over prolonged times v Factors The Board may approve this request if: - Compliance with the requirement would forward the purposes of this chapter or otherwise serve the public health, safety, or welfare or - That a modified regulation would satisfy of this chapter to at least degree as the specified the purposes an equivalent requirement; Staff recommends approval (Att. N) with condWitio ns 1. Hours of operation are limited to 7:30 am to 6:00 pm, Monday through Saturday. Fill operations are prohibited on Sunday. 2. No more than 10 trucks may be used for fill activity on any day of operation. 3. Trucks must access the site through the intersection of Advance Mills Road and Earlysville Forest Drive to the greatest extent possible. 4. The owner(s) must provide evidence to the County of fill activity related to this Special Exception upon request. 5. Fill activity must 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 may be active at any one time: no more than two acres may be in the reclamation process and no more than two acres may be in the fill activity process. 7. ach fill activity must be completed within one year of its commencement. 8. All fill activity under this special exception must be completed by August 31, 2028. 11 Questions? �O xx°e° ♦n H�� Photo credit: Scott Clark Motion to A rove I MOVE TO APPROVE special exceptions requested in SE2022-00068 — Kindrick Farm — Clean Earth Fill to modify the requirements of Albemarle County Code § 18-5.1.28(a)(7), (a)(11), and (b)(5) for clean earth fill activity on Parcels 03200-00-00-00100 and 03200-00-00-00200, for the reasons listed in the Resolution to Approve (Attachment N of the Board Packet) and with the conditions listed therein. Motion to Deny MOVE TO DENY proposed SE2022-00068 Kindrick Farm — Clean Earth Fill for special exceptions from the requirements of Albemarle County Code § 18-5.1.28 on Parcels 03200-00-00-00100 and 03200-00- 00-00200 for the reasons stated in Attachment O of the Board Packet. ��U Natural sources � N RCS Conwm a an Service wsked by: Jon Lipnsk� )e Conservationist mina Service Comm Iomas JNbrson SWCC Agra :3 ielr.eeatlae hrceo. RrrppRM a� Sr.Yf fm..�p • VIII. NM A eaer.r. GG[YI • • •GeGGr I10.r1 MnM Em4fo Gvx. Ci FeK MN. Ce�I-1 _ I1Y1 UM NN PNGaMA� Irbwwr'ANf 71.1 P.w4.[ lf.[ry Plan Map Cale 10-26-2017 Slate vrtpno Cmmy Albemarle Pro(sjw 7. KlndriCk 0 4125 M5 1050 ZA15 N F°" A IlMeaaawlGlr.rlM my,r Rw rf111YN Mr.wawreGG a.00 ew..alwG�wallgasrle 1 exh - 100 %al an I ra NCRS BASIC Plan Ma Zoning Ordinance • BOS may grant a special exception if at least one of the provisions of 5.1.28(d)(1) is met. AND • The BOS makes the necessary finding under 5.1(a) • Increasing acreage of fill areas increases overall traffic levels. • Access must be 50 feet from property lines and 100 feet from dwellings on adjacent property. • This project uses an access easement. • Filling is limited to 8 feet above natural grade. GIS Critical Resource m Molt, p� fte