CITY OF CHARLOTTESVILLE, VIRGINIA
                 CITY COUNCIL AGENDA




  Agenda Date:          November 15, 2021

  Action Required:      Consideration of an application for a Critical Slope Waiver

  Presenter:            Brian Haluska, Principal Planner, Neighborhood Development Services

  Staff Contacts:       Brian Haluska, Principal Planner, Neighborhood Development Services

  Title:                P20-00008 – Lyman Street Residences, request for a Critical Slope
                        Waiver

Background:
Kurt Keesecker of BKKW, LLC, owners of Tax Map 59 Parcels 289.2 and 358E (“Subject
Property”) has requested a Critical Slope Waiver for the Subject Property to permit construction
of a development of three single-family residential units and associated improvements. The
Subject Property is currently zoned R-2 Residential and is subject to a Special Use Permit.

Existing critical slope areas located on this Property include 2,415 square feet or 28% percent of
the project site. The applicable definition of “critical slope” is as follows:

       Any slope whose grade is 25% or greater, and (a) a portion of the slope has a
       horizontal run of greater than 20 feet, and its total area is 6,000 SF or greater, and
       (b) a portion of the slope is within 200 feet of a waterway. See Section 34-
       1120(b)(2).


Discussion:
The Planning Commission considered this application on the consent agenda at their meeting on
October 21, 2021.

Alignment with City Council’s Vision and Strategic Plan:
The City Council Vision of Quality Housing Opportunities for All states that “Our
neighborhoods retain a core historic fabric while offering housing that is affordable and
attainable for people of all income levels, racial backgrounds, life stages, and abilities. Our
neighborhoods feature a variety of housing types, including higher density, pedestrian and
transit-oriented housing at employment and cultural centers. We have revitalized public housing
neighborhoods that include a mixture of income and housing types with enhanced community
amenities. Our housing stock is connected with recreation facilities, parks, trails, and services.”
The applicant proposes new residential units in close proximity to the Downtown Mall,
downtown amenities, and Tonsler Park.
Community Engagement:
In line with Section 34-1120(b)(6)(b), property owners and occupants within 500-feet of the
subject property, as well as neighborhood association leaders, were notified of the Planning
Commission’s meeting. No members of the public spoke at the meeting.

One (1) community member provided comments to the Planning Commission and City Council
via email in opposition to the entire development project.

Budgetary Impact:
No direct budgetary impact is anticipated as a direct result of this Critical Slope Waiver.


Recommendation:
Staff recommends the application be approved with conditions. The Planning Commission voted
unanimously to recommend the application be approved with conditions as proposed by staff.


Alternatives:

City Council has several alternatives:

     (1) by motion, approve the requested Critical Slope Waiver as recommended by the Planning
          Commission with the following suggested motion;

“I move the adoption of the Resolution included in our agenda materials, granting this Critical
Slope Waiver within P20-00008, based on a finding that due to unusual physical conditions, or
the existing development of the property, compliance with the City’s critical slopes regulations
would prohibit or unreasonably restrict the use or development of the property, per Section 34-
1120(b)(6)(d)(ii).”

     (2) by motion, request changes to the attached resolution, and then approve the Critical Slope
          Waiver;
     (3) by motion, take action to deny the Critical Slope Waiver;
Or
     (4) by motion, defer action on the Critical Slope Waiver.


Attachment:

     A. Proposed Resolution
     B. The staff report and supporting documentation presented to the Planning Commission can
        be found starting at page 122 at the following link:
        https://civicclerk.blob.core.windows.net/stream/CHARLOTTESVILLEVA/88308af0-
        9131-4142-890e-fe1aeafce85f.pdf?sv=2015-12-
        11&sr=b&sig=sgbVE4YocpAXU6x6XErPJN83ZsjTvpyoZ2G38RHap80%3D&st=2021-
        11-02T18%3A09%3A26Z&se=2022-11-02T18%3A14%3A26Z&sp=r&rscc=no-
        cache&rsct=application%2Fpdf
             RESOLUTION APPROVING THE REQUEST TO WAIVE
                  THE CRITICAL SLOPE REQUIREMENTS
     OF CITY CODE SECTION 34-1120(b) FOR THE DEVELOPMENT PROJECT
               IDENTIFIED AS “LYMAN STREET RESIDENCES”


       WHEREAS BKKW, LLC, as the owner of City Real Estate Tax Map 59, Parcels 289.2
and 358E (the “Property”) requested a Waiver of the Critical Slopes requirements of City Code
Sec. 34-1120(b)(6)(b) in connection with construction of a development of three single-family
dwelling units and public street improvements on Lyman Street (the “Lyman Street Residences
Project”); and

        WHEREAS the Planning Commission considered and unanimously approved this
application at their October 21, 2021 meeting, subject to conditions set forth within the staff
report;

        BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, hereby
approves a Waiver of the Critical Slopes requirements for the Lyman Street Residences Project,
subject to the following two (2) conditions:

(1) the Site Plan for the Lyman Street Residences Project (VESCP Plan component) shall
include, at a minimum, four (4) stages/phases of erosion and sediment control, the first of which
shall be “Initial/Preliminary Controls” and outfall construction and the second of which (if
required) shall include the establishment of a sediment trap and associated conveyances; and

(2) “Super Silt Fence” (chain linked backing) shall be installed where perimeter silt fence is
specified within the Site Plan (VESCP component).