HomeMy WebLinkAboutSE202300036 Correspondence 2023-10-24SHIMP ENGINEERING, P.C.
Design Focused Engineering
October 19, 2023
RE: WPO202300052— 1441 Orchard Drive
Special Exception Request Pursuant to Sec.5.1.28 (a)(7) and Sec.5.1.28 (a)(9)
Orchard Acres Inc C/O Richard L Nunley is the property owner (the "owner") of tax parcels 055CO-00-
OA-03700 and 055CO-00-OA-03800 (the "property"). An erosion control plan for the property has been
submitted to prepare two pads for single family detached dwelling units. In accordance with Sec 5.1. (a)
of the Albemarle County Zoning Ordinance (Chapter 18 of the Code of Albemarle), the owner requests
the Board of Supervisors waive the supplementary regulation of Sec. 5.1.28 (a)(7) that requires fill
activity to be set back a minimum of 75 feet from all property lines in residential zoning districts and fill
activity for access to be set back a minimum of 100' from dwellings on adjacent property. The owner also
requests the Board of Supervisors waive Sec. 5.1.28 (a)(9) that requires a minimum lot size of five (5)
acres for fill activities.
The owner requests to import fill to the property and grade an area for two house sites in preparation for
two future single family detached houses. The owner seeks to sell the property as pad ready to a
homebuilder or private individual who will submit specific house plans for each parcel. At this time, the
owner does not have specific house plans for the property and therefore has not submitted a building
permit on the property and so the fill activity is independent of a building permit.
The property is located approximately 600 feet south on Orchard Drive from the intersection of Lanetown
Road and Orchard Drive. The property is comprised of parcels 55C-A-37 and 55C-A-38 which are both
zoned R-2. The property is currently vacant and lies within an established residential neighborhood within
the Crozet growth area. Adjacent parcels are zoned R-2 and R-4.
Image A. Zoning Context and Parcel Size
912 E. High St. Charlottesville, VA 22902 1434.227.5140 1 shimp-engineenng.com
In accordance with Sec 5.1 (a), supplementary regulations may be waived upon finding that such
requirements would not serve the public health, safety or welfare. The owner requests a waiver for Sec
5.1.28 (a)(7) and Sec. 5.1.28 (a)(9). Justification for waiving these regulations is as follows:
See. 5.1.28 (a)(7)
Sec. 5.1.28(a)(7) states, "Fill activity (except for access) must be set back a minimum of 75 feet from all
property lines in the Rural Areas (RA), Village Residential (M, Monticello Historic District (AIHD), and
residential zoning districts, and from all public street rights of way. Access must be set back 50 feet from
property lines and 100 feet from dwellings on adjacent property. No setback is required if adjoining lots
are under the same ownership. The access to a fill activity is not subject to the setbackfrom public street
right of way. "
Pursuant to Sea 5.1 (a), "The Board of Supervisors may modify or waive any such requirements upon
finding that such a requirements would not forward the purposes of this chapter or otherwise serve the
public health, safety, or welfare or that a modified regulation would satisfy the purposes of this chapter to
at least an equivalent degree as the specified requirement; and upon making any finding expressly
required for the modification or waiver of a specific requirement;... "
The property is one acre total in size, with tax parcel 55C-A-37 being .46 acre and tax parcel 55C-A-38
being .54 acre. Given the shape and size of the property, there is limited areas where fill activity can take
place without an exception, Image B demonstrates that with the 75' required setback for fill activity, there
is approximately 665 SF available for fill activity. The area available for fill activity does not directly
translate to buildable area as the buildable area would be even further reduced in size to account for
building setbacks. This square footage is not sufficient to support building pads for the future construction
of single family dwellings.
The construction entrance is proposed more than 50' from property lines and the access point of the
construction entrance is approximately 130' from the nearest dwelling on the adjacent property, however
the end point of the construction entrance is proposed to be less than 100' from the nearest dwelling on
adjacent property and so if the construction entrance is considered part of the access to the fill activity, we
request a waiver from the requirement for access to be a minimum of 100' from dwellings on adjacent
parcels.
The Board of Supervisors adopted amended regulations for fill and waste areas with the approval of
ZTA2019-07 on September 16, 2020; the Staff Report for ZTA2019-07 noted the "Public Purpose to be
Served" was to,
"address impacts such as truck traffic on rural roads, hours of operation, placement offill on
critical slopes and the loss of agricultural resources. [Establish] regulations for the placement of
fill covering a wide variety of issues such as slope, fill height, setbacks, lot size, activity area,
hours, access standards and prohibiting placement on hydric soils and limits the type offill
material permitted by right in the agricultural districts. The amendment is intended to facilitate
the placement offill in the development areas. "
Despite the intent of the amendment being to facilitate the placement of fill in the development areas,
several exceptions are needed from these regulations to place fill on the property which is in the
development areas. There is no loss of agricultural resources or increased truck traffic on rural roads as a
result of this fill activity. Pursuant to Sec. 5.1(a) the Board may waive any supplemental requirement
upon a finding that such requirement would not forward the purposes of the Zoning Ordinance.
912 E. High Sr. Charlottesville, VA 22902 1434.227.5140 1 shimp-engineenng.com
Prohibiting the placement of fill on the property, which is located within the development areas and is to
be readied for residential development consistent with the regulations of the R-2 zoning district would not
forward the purposes of the Zoning Ordinance or otherwise serve the public health, safety, and welfare.
Waiving Sec.5.1.28(a)(7) to place fill on the property and ready the site for residential development
would serve a greater public purpose than limiting the fill area due to setback restrictions.
In accordance with Sec.5.1.28(dxl)(v), approval of this exception would be consistent with an approved
land use decision by the County. The property is subject to the Orchard Acres subdivision plat which was
signed by the designated agent for the Albemarle County Board of Supervisors on May 21, 1974.
Image B. Area suitable for Fill activity without setback exception
Sec 5.1.28 (a)(9)
Sec 5.1.28(a)(9) states, "Minimum lot size for fill activity is five acres. Multiple parcels under the same
ownership and with the same zoning designation may be considered as a single lot for the purpose of
achieving the minimum lot size. "
The property is one acre and therefore does not meet the threshold for fill activity. The five acre threshold
is not only problematic for fill activities for this property but also for various fill activities in the
development areas that may not be affiliated with a building permit. For example, if clean fill was brought
in to level a residential yard or to level an area for a patio or shed, that activity would be prohibited on a
parcel less than five acres, which would affect most of the residential parcels in the development areas.
912 E. High St. Charlottesville, VA 22902 1434.227.5140 1 shimp-engineering.com
Pursuant to Sec.5.1(a) the minimum five acre requirement for fill activity does not support the purpose
and intent of the R-2 district as the five acre minimum requirement inhibits the property from being
readied to support the future development of residential units and moreover, would prohibit the import of
fill for any site improvements affiliated with residential use that were previously mentioned in this
justification.
In accordance with Sec.5.1.28(d)(1)(v), approval of this exception would be consistent with an approved
land use decision by the County. The property is subject to the Orchard Acres subdivision plat which was
signed by the designated agent for the Albemarle County Board of Supervisors on May 21, 1974.
In your evaluation of this request please consider the location of this property within the development
areas and the purpose of the amended fill and waste regulations was to limit impacts on properties within
the rural areas and to protect against the loss of agricultural land. This request does not impact the rural
areas or agricultural land whatsoever and rather promotes the effective use of land within the
development areas.
Image C. Extents of fill activity on property
ORCHARD ACRES LOTS 37 & 38
TAX MAP 55C, PARCEL A-31 5��-------
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TAX MAP 55C, PARCEL A-38
ALBEMARLE COUNTY, V RGINIA
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912 E. High St. Charlottesville, VA 22902 1434.227.5140 1 shimp-engineering.com