HomeMy WebLinkAboutSE202300015 Correspondence 2023-03-27SHIMP ENGINEERING, P.C.
Design Focused Engineering
SDP202300004 2305 Hunters Way
Special Exception Request Per Sec.4.2.5 -
Critical Slopes Disturbance
March 27, 2023
912 E High St Charlollesville, VA 22902 1434.227.5140 1 shimp-engineering.com
Sec. 4.Z5 - Special Exception Request for Critical Slopes Disturbance
WP Richmond Road, LLC is the property owner (the `owner") of tax map parcel 07900-00-00-004PO (the "property"), a 2.56
acre property in the Hunters Hall subdivision, approximately %-mile east of the Interstate 64 exit 124 diverging diamond
interchange. An initial site plan for the property has been submitted for the property under SDP202300004, which proposes
the construction of warehouse space on the site. Current revisions to the initial site plan propose 43,600 SF of warehouse
space (see page 3).
While the property is zoned Highway Commercial, the Hunters Hall subdivision is outside of the Albemarle County
Development Areas and any slopes present on the property that exceed 25% slope are designated as critical. There are 21,395
SF of critical slopes to be disturbed, however, 8,910 SF of slopes are shown as part of the grading plan for SDP000000218 for
the lumber shed addition for the former Lowes site for drainage improvements along the shared property boundary with
the subject parcel (see page 4). To allow for the proposed development per SDP2023-4, the owner seeks a special exception
request to disturb 12,485 SF of critical slopes present on the property under Sec. 4.2.5 of the Albemarle County Zoning
Ordinance.
The property is currently utilized for 6,000 SF of mixed commercial and light industrial uses on the front portion of the
parcel. SDP202300004 proposes a 2-story structure in the rear of the site, where a significant portion of the parcel is
encumbered by critical slopes. Current revisions to the site plan propose up to 43,600 SF of warehouse space in total. Any
development that occurs in the rear would require critical slopes disturbance. Moreover, the critical slopes are the product of
prior construction activity. For the portion of slopes to the western edge of the property, it is dear that the road construction
of Hunters Way, building pads, and travelways created these steep slopes, as the slopes are present along the bank and ditch
adjacent to Hunters Way and slopes are present around the edge of the building pads and parking areas. For critical slopes
to the east of the property, the approved SDP000000218 for the former Lowes site proposed grading on the subject property
to create a ditch condition along the shared property boundary. With the slopes to the rear of the property, aerial imagery
indicates mass grading to the rear of the site by the prior owner. The current owner acquired the property in 2022 and it does
not appear that any review took place for the construction activity that created the rear slopes, as it may have been completed
in increments that did not trigger erosion and sediment control and stormwater management requirements.
Albemarle County 2018 Aerial Imagery: Construction activity in the rear of TMP 794P
SHIMP ENGINEERING, P.C. 2305 Hunters Way Special Exception Request I Critical Slopes Disturbance 12
In accordance with Sec 4.2.5(a.)(L) address the following (the public, health, safety, and welfare factors):
Rapid and/or large-scale movement of soil and rock
The disturbance of critical slopes will require cut and fill of previously disturbed area. The prior construction activity
was completed by the previous owner and it does not appear any locality review had taken place for this disturbance.
The disturbance of slopes would not create high risk of rapid or large-scale movement of soil and rock and any proposed
disturbance moving forward would comply with state and County standards for grading and stormwater management.
Adherence to County erosion and sediment control measures and stormwater regulations would protect against erosion that
could lead to rapid or large-scale movement of soil and rock.
Excessive stormwater run-off
As described, there is an existing rip -rap ditch along the shared property boundary of the subject parcel and TMP 794A.
A portion of this ditch is proposed to be piped to allow for travelway and parking lot improvements for the warehouse use.
To manage stormwater run-off of the slopes disturbance and increased impervious area, an underground detention system
is proposed. The proposed stormwater management features must additionally be in accordance with County regulations,
which are in place to effectively manage stormwater run-off.
Siltation of natural and man-made bodies of water, loss of aesthetic resources
The proposed improvement will be subject to the County's Water Protection Ordinance, with erosion and sediment control
measures provided at the time of construction. The nearest stream is across the state highway Route 250, approximately 200
LF away from the proposed limits of disturbance. With the proposed ditch and underground detention improvements and
required compliance with the County ordinances, as well as the fact that the slopes are not part of a stream bank system, it
is highly unlikely that impacts would directly affect the stream. Being that the critical slopes have been previously graded
by the Virginia Department of Transportation for the construction of Hunters Way and the rear of the site graded by the
previous owner, in addition to the property located within an established commercial and light industrial subdivision, the
critical slopes do not provide an aesthetic resource in this area. The slopes are not readily visible from the Route 250 corridor.
In the event of septic systems failure: a greater travel distance of septic effluent
The property is served by an existing drainfield that is located within the asphalt parking area, which is located in front of
the existing structure. This parking area and drainfield are to remain and improvements to the site are located outside of
this drainfield area. Disturbance of the slopes are proposed 50' from the edge of drainfield and slopes disturbance would not
impact the existing drainfield area.
In accordance with Sec. 4.2.5.3, please consider the following findings:
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;
The property is located within the Hunters Hall subdivision, which has operated commercial and light industrial uses
for decades. The Hunters Hall subdivision provides services and employment for those in eastern Albemarle County and
an expansion of warehouse uses within the subject parcel would further bolster this established community node that is
strategically located between the Pantops Development Area and the Village of Rivanna Development Area.
b. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes of section 4.2 to at least
an equivalent degree;
There are no proposed alternatives proposed with this request; any proposed development to the rear of the subject
property would require critical slopes disturbance.
SHIMP ENGINEERING, P.C. 2305 Hunters Way SpeciaL Exception Request I CriticaL SLopes Disturbance 15
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
The critical slopes disturbance is necessary for any additional development on the property. The slopes are manmade
and do not provide any environmental or aesthetic benefit to the surrounding area. Disallowing the disturbance of these
slopes would prevent additional warehouse space that is in demand within Albemarle County. The slopes are located
within a commercial and light industrial subdivision that has successfully operated for years, which includes uses such
as UPS depot and warehousing, self -storage uses, automobile services, building materials suppliers, computer repair
and support, medical equipment manufacturing and a daycare center. A warehouse use would align with the existing
character of the surrounding development and create economic opportunity in eastern Albemarle County. Outside of
the Development Areas, land owners can engage in land disturbing activity that may not trigger erosion and sediment
control and VSMP requirements and can grade their property at a 4:1 slope or greater, creating slopes on their property
that then become regulated under Section 4.2, despite not serving environmental or aesthetic benefit, as seems to be the
case on this site.
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.
The disturbance of critical slopes would allow for the creation of warehouse space that is in high demand in the region.
Warehouse vacancy in the Central Virginia area is just over 1% (Albemarle Land Use Buildout), indicating a clear need
for similar commercial and warehouse space that is anticipated to grow with steady County expansion.
SHIMP ENGINEERING, P.C. 2305 Hunters Way Special Exception Request I Critical Slopes Disturbance 16