HomeMy WebLinkAboutSE202200035 Correspondence 2022-05-18WOODRIDGE SOLAR
CRITICAL SLOPES WAIVER -
SPECIAL EXCEPTION REQUEST
SE 2022-
MAY 16, 2022
PREPARED BY:
TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
608 PRESTGN AVENUE, SUITE 200
CHARLormsviLLE, VA 22903
CRAIG KoTARsKi, PE
Introduction
A Special Exception is being requested per Section 4.2.5.(a) of the Albemarle County Zoning Ordinance for a
waiver to grade within critical slopes to support the development of a solar energy facility (SP 2022-). Per
Section 4.2 of the Albemarle County Zoning Ordinance, the intent of the critical slopes ordinance is to
"implement the comprehensive plan by protecting and conserving steep hillsides together with public
drinking water supplies and flood plain areas because of the increased potential for soil erosion,
sedimentation, water pollution and sewage disposal problems associated with the disturbance of critical
slopes." Within this application, we plan to demonstrate both the need for approximately 11.4 acres of critical
slopes impact, as well as the mitigation efforts implemented to ensure slopes are impacted responsibly to
protect downstream land and waters.
Existing Conditions
The subject property (parcels 11400-00-05100, 11400-00-00-05500, 11400-00-00-05800, 11400-00-00-06800,
11400-00-00-06900, 11400-00-00-07000) is about 2,259.5 acres located in southeastern Albemarle County,
adjacent to Secretarys Road. It is zoned Rural Areas (RA) and is currently undeveloped; it has been used for
silviculture and commercial timbering since at least 1937, as long as pertinent records have been kept, as
shown in the historic imagery and wetlands delineation report provided with the Special Use Permit application.
The subject property contains several environmental features, including delineated streams and wetlands,
corresponding buffer areas, a 100-year floodplain, and critical slopes.
Proposed Special Exception
Per the attached exhibit entitled "Conceptual Site Plan", prepared by Timmons Group and dated May 16, 2022
(Exhibit A), a solar energy facility will be developed on the subject property. Critical slopes disturbance is
proposed to grade and install solar arrays, as well as construct supporting utilities and access roads. As stated
above, the subject property contains a variety of environmental features, including delineated wetlands and
streams, their accompanying 100-foot buffers, and a floodplain. Critical slopes, which account for 62.6 acres
on the property, then further decrease buildable area on site and divide the property into smaller areas of less
connected, less developable space. See Image 1 below. There are multiple areas of critical slopes scattered
throughout the site, a majority of which are not associated with streams or stream buffers or are part of a large
system of slopes.
1IPage
Image 1 Critical slopes outside of the limits of disturbance area are depicted in orange. Critical slopes within
the limits of disturbance are depicted in magenta.
While not avoiding completely, the proposed solar energy development aims to minimize disturbance to critical
slopes; as evidenced in Image 1, most of the critical slope areas on site are found adjacent to the delineated
wetlands and streams and are thus removed from the proposed limits of disturbance area. Only 8.55 acres of
the total 62.6 acres of critical slopes on site are proposed to be disturbed. A majority of the slopes that are
requested to be disturbed are not part of a system of slopes, are scattered around the site, and are less than
10,000 square feet in size. A breakdown of the parcel, project, and critical slope limits is provided in Table 1
below.
Table 1: Project Area Breakdown
Total Area of Property
2,259.5 AC
Total Special Use Permit Area
1,500.0 AC
Total Limits of Disturbance Area
1,000.0 AC
Total Area of Critical Slopes on Property
62.6 AC
Total Area of Critical Slopes within Buildable Area
8.55 AC
Percentage of Critical Slopes to be Disturbed
13.7%
In accordance with Section 4.2.5(a)(1) of the Zoning Ordinance, the disturbance of the critical slopes is
addressed in the following ways (ordinance requirements in italics):
1. Rapid and/or large-scale movement of soil and rock, excessive stormwater run-off
Care will be taken throughout the design process to minimize critical slopes disturbance and to mitigate
any downstream impacts of the disturbance. The proposed grading will mimic the existing topography
2 1 P a g e
to the nearest extent practical while also maximizing the solar arrays' sun exposure. Additionally, the
proposed solar array grading will utilize slopes of 15% or flatter, which in many areas is less steep than
the existing condition.
In addition to reducing the amount of critical slopes that are being disturbed, the site is intentionally
designed with setbacks and buffers to lessen the impact of the development on surrounding land and
downstream waters. A 200-foot setback is being provided from the solar arrays to all outer property
lines and a minimum 100-foot non -disturbance buffer is being provided adjacent to all wetlands and
streams; outside of this non -disturbance buffer an additional buffer of up to 70 feet is provided to allow
for placement of stormwater management facilities, shade management, and meadow habitat.
2. Siltation of natural and man-made bodies of water
The erosion and sediment control design will be extensive to protect the downstream environmental
features. Sediment basins will capture sediment -laden runoff; perimeter diversion ditches will direct
water to the proposed sediment basins, and silt fence will be located downstream as an extra measure
of protection during construction. Upon completion of construction, the site will be stabilized and left in a
good condition.
3. Loss of aesthetic resources
As discussed above, this property is currently used for commercial timbering; as such, the forest is
regularly cut down for this activity. While the solar energy development will require tree removal, this is
already the condition of the site at times, and large buffers will be maintained along the site perimeter
and within wetland/stream buffers to minimize this impact aesthetically.
4. In the event of septic system failure, a greater travel distance of septic effluent (collectively referred
to as the 'public health, safety, and welfare factors') that might otherwise result from the disturbance
of critical slopes.
Not applicable.
Conclusion and Findings
While the Zoning Ordinance recommends the protection and preservation of critical slopes within the County, it
also allows the Board of Supervisors to grant a modification or waiver given the following:
Section 4.2.5(a)(3) Findings: if the Board of Supervisors finds that the modification or waiver would not be
detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent
properties; would not be contrary to sound engineering practices; and at least one of the following:
a. Strict application of the requirements of section 4.2 would not forward the purposes of this chapter
or otherwise serve the public health, safety or welfare;
b. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes
of section 4.2 to at least an equivalent degree;
c. Due to the property's unusual size, topography, shape, location or other unusual conditions,
excluding the proprietary interest of the developer or subdivider, prohibiting the disturbance of critical
slopes would effectively prohibit or unreasonably restrict the use of the property or would result in
significant degradation of the property or adjacent properties; or
3 1 P a g e
d. Granting the modification or waiver would serve a public purpose of greater import than would be
served by strict application of the regulations sought to be modified or waived.
Strict adherence to the Zoning Ordinance regulations would unreasonably restrict the subject property by
reducing developable area across the site and eliminating it entirely in some areas when combined with the
required wetland/stream buffers. Alternatively, the proposed solar energy facility will be designed intentionally
to mimic existing topography and reduce critical slopes disturbance as much as possible while protecting the
streams, stream buffers, and wetlands within the site. Erosion and sediment control measures will be put in
place to protect the buffers and streams and thus maintain the public health, safety, and welfare. With the
careful grading and erosion control measures in place, the small number of slopes requested to be disturbed
many of which are less than 10,000 square feet in size, the intent and purposes of section 4.2 has been met to
an equivalent degree.
In addition, the disturbance of the critical slopes for the allowance of a solar energy facility will allow the County
to meet its goals and objectives contained in the Climate Action Plan. This disturbance will allow more panels
to be built on the site, while protecting other environmental features, which serves a public purpose of greater
import than would be served by strict application of the regulations.
4 1 P a g e
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® Special Use Permit Area - 1,500Acres
Tax Map Parcel Boundaries - 2,259.5 Acres
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200' Property Setbacks
Proposed Features (Conceptual)
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1 Limits of Disturbance - 1,000 Acres
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Potenial Access Location
CIE Point of Interconnection
Internal Roads
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® Solar Arrays
- Inverters
Substation/Collection Yard Area
Parking.
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Existing Features
Transmission Line
Delineated Wetland
Delineated Stream & Open Water
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Steep Slopes Overlay
Critical Slopes
Critical Slopes within Limits of Disturbance - 8.55 Acres
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NOTES:
1. PROPERTY LIMITS ARE APPROXIMATE FROM ALBEMARLE COUNTY GIS.
2. SITE LAYOUT IS CONCEPTUAL AND SUBJECT TO CHANGE. NOT FOR CONSTRUCTION.
3. PARKING AREAS ARE NOT PROPOSED EXCEPT IN THE SUBSTATION AREA.
4. ENTRANCE LOCATIONS AND INTERNAL DRIVEWAYS SHOWN ARE PRELIMINARY AND
SUBJECT TO CHANGE. ANY NOTABLE CHANGES WILL BE SUBJECT TO COUNTY
APPROVAL BEFORE CONSTRUCTION BEGINS.
5. EACH ENTRANCE LOCATION WILL HAVE A KNOX BOX THAT COUNTY EMERGENCY
SERVICES WILL BE ABLE TO ACCESS.
6. STREAMS, WETLANDS, AND OPEN WATER FEATURES HAVE BEEN FIELD DELINEATED
BY WILD GINGER FIELD SERVICES.
7. WATER PROTECTION ORDINANCE BUFFER IS 100 LF FROM THE DELINEATED
WETLANDS AND STREAMS OR THE EDGE OF THE FLOODPLAIN, WHICHEVER IS GREATER.
8. APPROXIMATE CEMETERY LOCATION IDENTIFIED BY STANTEC CONSULTING
SERVICES. 9. FLOODPLAIN DATA FROM FEMA'S NATIONAL FLOOD HAZARD LAYER.
10. STEEP SLOPES DATA FROM ALBEMARLE COUNTY GIS.
11. CONTOURS MADE FROM DEM DATA SOURCED FROM USGS.
12. AERIAL IMAGERY FROM MICROSOFT BING.
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. 40
PROJECT NAME S LOCATION
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DATE
05/16/2022
PROJECT NUMBER
50445
PROJECT NAME
WOODRIDGE SOLAR
DESIGNED BY / DRAWN BY
L. WHEELER
These exhibits and associated documents are
the exclusive property of TIMMONS GROUP
and may not be reproduced in Whole or in pad
and shall not be used for any purpose
Whatsoever, inclusive, but not limited to
construction, bidding, and/or construction
staking Without the express Written consent of
REVISIONS
#
MM/DDNY
DESCRIPTION
DRAWING DESCRIPTION
CONCEPTUAL
SITE PLAN
0
SCALE FEE
0 800 1,600
PLANS PRINTED AS 11X17 ARE HALF SCALE
H:1 "=800' 1