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HomeMy WebLinkAboutSDP201300052 Request of Modification, Variance, Waiver 2013-10-08Lrf2C;l1�ZA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 October 8, 2013 Ms. Cheryl Lynn Taylor 4164 Innslake Dr. Ste. B Glen Allen, VA 23060 RE: SDP 2013 -00052 Ragged Mountain Farm Property —Tier II PWSF Dear Ms. Taylor: Fax (434) 972 -4126 Pursuant to Albemarle County Code § 5.1.40(h)(3)(b) the above referenced application has been found to be incomplete and is therefore rejected. The specific reasons for rejection are provided with references to specific duly adopted ordinances, regulations or policies. Required modifications or corrections that will permit acceptance of the application are included as well. A. Reasons for resection: 1. [Section 5.1.40(a)(1)] Application form and signatures. A completed application form, signed by the parcel owner, the parcel owner's agent or the contract purchaser, and the proposed facility's owner. If the owner's agent signs the application, he shall also submit written evidence of the existence and scope of the agency. If the contract purchaser signs the application, he shall also submit the owner's written consent to the application. The property owner has not signed the application form. If the applicant is acting as agent for the property owner, such written documentation must be submitted. 2. [Section 5.1.40(a)(4b)] The plans and supporting drawings, calculations and documentation shall show: Elevation. The benchmarks and datum used for elevations. The datum shall coincide with the Virginia State Plane Coordinate System, South Zone, North American Datum of 1983 (NAD83), United States Survey Feet North American Vertical Datum of 1988 (NAVD88), and the benchmarks shall be acceptable to the county engineer. The benchmark used is not indicated on the drawings. 3. (Section 5.1.40(a)(4f)] Trees. The height, caliper and species of all trees where the dripline is located within fifty (50) feet of the facility that are relied upon to establish the 1 proposed height or screening, or both, of the monopole or tower. All trees that will be adversely impacted or removed during installation or maintenance of the facility shall be noted, regardless of their distances to the facility. Sheet A -1 Compound Plan contains a tree inventory and the location of those trees. With the exception of the reference tree, the location of tree drip lines was not shown on the drawing; therefore, the impact of the proposed construction on these trees could not be determined. Revise Sheet A -1 Compound Plan to show the drip lines of the trees located within the 50' radius of the tower. 4. [Section 5.1.40(a)(8)] Site under conservation or open space easement. If the proposed facility would be located on lands subject to a conservation easement or an open space easement, a copy of the recorded deed of easement and the express written consent of all easement holders to the proposed facility. Tax parcel 74 -5139 is encumbered by a conservation easement. This easement is held by Albemarle County and the Albemarle County Public Recreational Facilities Authority (PRFA). See deed book 3278 page 295 for a copy of the 2006 easement which is required to be provided with the application. Please provide a copy of the recorded deed of easement with the application. In addition, the application must include written consent that the use is in keeping with the terms of the easement from both easement holders. Initial staff review finds that a PWSF may not be a permitted use nor structure on the eased property. Also see comment # B2 below. B. For information only: issues to be addressed prior to annroval The following are provided for information only and are not the reason for rejection of the application. The Planner for the Planning Division of the Albemarle County Department of Community Development will approve for the application referred to above when the following items have been satisfactorily addressed. Additional comments or conditions may be added or eliminated based on further review. Comments are preceded by the applicable reference to the Albemarle County Code. 1. [Section 4.2.5] Critical Slopes, Modification or Waiver Sheets E &S — 1, 2, and 3 Erosion & Sediment Control Plan shows areas where existing critical slopes will be disturbed to construct the facility. A critical slope waiver request as described in Section 4.2.5 will be required. A modification to allow critical slope disturbance is necessary before the site plan can be approved by staff. This request will be handled as a Special Exception ([Section 33.91 Special Exceptions, Relevant Factors to Be Considered, Conditions) to be reviewed by the Board of Supervisors. Please submit the critical slope waiver request with necessary justification, for staff review. 2. [5.1.40(d)(2)] Screening and siting to minimize visibility. The site shall provide adequate opportunities for screening and the facility shall be sited to minimize its visibility from adjacent parcels and streets, regardless of their distance from the facility. The facility also shall be sited to minimize its visibility from any state scenic river, national park or national forest, regardless of whether the site is adjacent to the river, park or forest. If 2 the facility would be located on lands subject to a conservation easement or an open space easement, or adjacent to a conservation easement or open space easement, the facility shall be sited so that it is not visible from any resources specifically identified for protection in the deed of easement. Once a copy of the conservation easement is obtained, it should be reviewed by the applicant to ensure the proposed facility is not visible from resources specifically identified for protection in the deed of easement. Also see comment # A3. 3. Miscellaneous: a. Sheet SP -1, the legal description for the lease area and access and utility easement does not match the tax map parcel in the site information. The parcel the tower is proposed upon is 74 -5139. The description for the lease area and access and utility easement notes the parcel as 73 -48. Please correct. b. Sheets E &S 2 & 3, the engineer's seal and signature are not provided. Please revise and include. c. The application plan appears to show over 10,000 square feet of proposed land disturbance and requires a WPO (Water Protection Ordinance) plan, Application and fee. The WPO plan must be approved prior to final site plan approval per chapter 17 of the County of Albemarle Ordinance. d. The travelway located upon the access easement to facility does not appear to meet VDOT standards per Section of the Zoning Ordinance 18- 32.7.2.2.a. e. VDOT notes that the existing entrance shown on the application plan will need to be upgraded to meet the standards for a PE -1 entrance. VDOT also notes that a Land Use Permit will be needed be obtained to perform the work necessary to upgrade the existing site entrance. Once items in Section A above are submitted, the application can be deemed complete and review of the application can continue. Please contact me at your earliest convenience if you have any questions or require additional information. Sincerely, Andy Sorrell, Senior Planner Planning Services File: SDP 2013 -00052 3