Wegmans Project Information
History of Property Zoning: 1988-2019
The Airpark Associates property was first classified as Industrial on the General Land Use Plan Map with the adoption of the Comprehensive Plan in May 1988. In 1995, the Board of Supervisors approved a request by Air Park Associates, the owner of approximately 217 acres of property generally located at the southwest corner of Ashcake Road and Sliding Hill Road to rezone the property to M-2(c), Light Industrial. Portions of this property were zoned A-1, Agricultural, and portions were already zoned M-2, Light Industrial District (although without any conditions). As is the case today, the Zoning Ordinance provisions in effect in 1995 allowed properties zoned M-2 to be used for many uses, including distribution, manufacturing and contractor’s equipment storage yards. After the Board’s 1995 action to approve the zoning application (which included a number of proffered conditions that created additional restrictions beyond the general zoning regulations), the property owner would be permitted by right to construct the equivalent of 2.6 million square feet of general office space on the property.
Beginning in 1995, Hanover County marketed the property as being zoned for Light Industrial Uses. For all economic development prospects, the main role of the County is to try to match interested developers/users and property owners who are looking to sell or develop their properties. The County has no role in deciding which companies or entities use a property (or which of the permitted uses actually is established on a property) or whether or not a property owner decides to sell or develop a property. The County can help as the parties negotiate and, in limited situations outlined in state law, may extend certain financial incentives.
Wegmans proposed: December 2019
On December 11, 2019, Governor Ralph Northam announced the plans of Wegmans Food Market, Inc. to invest $175 million over three years to establish a full-service, regional distribution operation on the Air Park Associates site, with funding generated from increased tax collections created by the Wegmans investment. The company stated its intention to build a 1.1 million square foot distribution facility serving their current and future stores along the East Coast and indicated that the new facility would create 700 new jobs. The jobs average over $55,000 a year, which is 17% higher than the annual average wage in Hanover County.
Wegmans considered several sites for its facility, including sites in North Carolina and different localities in Virginia, before choosing the Air Park Associates site. The Air Park Associates site met Wegmans’ desire for a property with close proximity to future employees and to interstate highways that had already been zoned to allow a distribution facility. As is the case with a vast majority of proposals for new commercial and industrial development, Wegmans requested that, prior to the announcement, a Non-Disclosure Agreement be entered into between Wegmans, state entities and employees, and Hanover County staff. Non-disclosure agreements for economic development projects are specifically authorized by the Code of Virginia. Non-disclosure agreements do not guarantee zoning approvals or funding assistance. Those are subject to public Board of Supervisor actions and public hearings.
The Virginia Economic Development Partnership worked with Hanover County and the Greater Richmond Partnership to help Wegmans find a property that could meet its needs in Virginia; those efforts led to successful discussions between Wegmans and Air Park Associates for the sale of the property. Governor Northam approved a $2.35 million grant from the Commonwealth’s Opportunity Fund to incentivize the development of the project. On December 11, 2019, the Board of Supervisors approved by Board action a performance agreement matching the Commonwealth Opportunity Grant Fund, along with $1.5 million in infrastructure improvements. The County’s financial commitment consists of tax rebate incentives from future property taxes after the facility has been constructed and funding for already-planned road and utility improvements. These incentives were based upon the long-term increased property tax revenue that would be generated by the facility, which would assist the County in meeting its commitment to providing services to its residents such as quality schools and public safety programs, as well as other general governmental services. No funds are to be provided to Wegmans before the facility is constructed, and Wegmans has committed to certain mileposts it must meet (including construction and the creation of new jobs) before it can receive any of the state or local financial incentives.
While the Board’s action in 1995 meant that Wegmans did not need to rezone the property to allow the distribution facility, the company is required to obtain site plan approval for development of the property. While the development of the site under Wegmans’ proposal was not as intense as permitted by the 1995 rezoning, the layout and operation of the proposed facility was inconsistent with a number of proffered conditions. Also, the proposed height of the building exceeds the standard limits for buildings in the M-2 District. In order to appropriately address the impacts of the proposed facility, Wegmans submitted an application to amend certain conditions of the 1995 zoning in order to bring the requirements more in line with current standards. It also applied for a Special Exception that would allow for the height of the building to exceed the standard limits. Here are the Special Exception staff maps.
Wegmans submitted its applications in December 2020 and staff began its review of the applications and the potential on-site and off-site impacts of the proposal. As part of its review, the Planning Department encouraged Wegmans to reach out to interested members of the public and to hold a community meeting where it could outline, and receive feedback on, its proposal.
These are documents provided by Wegmans: Comparison Table to 1995 zoning; 1995 proffers lined; letter from applicant to Board of Supervisors dated 3-24-2020; 1995 vs. 2020 Zoning Case Exhibit Layout Comparison; and Wegmans rendering update.
Community meeting: February 6, 2020
A community meeting on the Wegmans’ proposal was held on February 6, 2020 at Oak Knoll Middle School. Presentations were given by Wegmans’ representatives as well as Planning Department and Economic Development staff. Public input was received at that meeting.
The following presentation was made at that community meeting.
County legislative actions: Planning Commission
On February 20, 2020, the Hanover County Planning Commission held a public hearing to consider the application to amend the proffers accepted with the 1995 rezoning application (the application for the special exception related to the building’s height was not considered at this meeting as special exceptions are only considered by the Board of Supervisors). Representatives of Wegmans and those in the community—some of whom spoke in favor of the proffer amendments and others who spoke in opposition to the application—presented their views to the Commission. Following the public hearing, the Planning Commission recommended approval of the Wegmans’ application with some suggested changes to reflect issues that had been raised during the review of the application and at the public hearing.
County legislative actions: Board of Supervisors
The Board of Supervisors scheduled a public hearing on the application, as well as on the application for a Special Exception, for late March, 2020. The Board decided to defer the public hearing, based on the initial impacts of the COVID-19 pandemic, until May 6, 2020. In light of the impacts of Covid-19 and in compliance with the Executive Orders issued by Governor Northam allowing for the ongoing operation of local governments, the Board provided for multiple ways, including submitted written comments, submitted spoken comments, and in-person comments, for interested individuals to make their views known. Here is the rezoning staff report for the Board’s meeting and the rezoning staff maps. Here are the final applicant proffers, the final conceptual plan and the final elevations along with the Overall Lighting Plan. Following the public hearing on May 6, 2020, the Board of Supervisors approved Wegmans’ applications (1) to amend the proffered conditions applicable to the property and (2) for the issuance of a special exception for the building height, subject to conditions imposed by the Board.
The actions of the Board on May 6, 2020 allowed Wegmans to begin development of the property in compliance with the approved conditions. As with all commercial and industrial development, however, Wegmans has to submit a site plan for approval before work could begin. A site plan is the detailed plan for development of a property. The site plan must demonstrate how the development of the property meets all local requirements (including zoning requirements, Fire Code standards, and those related to storm water management and public water and sewer) as well as state and federal requirements (VDOT requirements and air, water and other environmental permits and approvals).
Pending actions of other regulatory agencies: State and U.S.
Based upon the size of the proposed facility and the conditions on the property, Wegmans is required to obtain a wetlands permit before proceeding (and must comply with any conditions of approval). The State Water Control Board is authorized to review applications for wetlands permits in Virginia and must conduct a public review process before acting on any application. On February 26, 2021, the Virginia State Water Control Board conducted a public hearing on Wegmans’ application for a permit to allow the proposed development of the property. After considering the application, the report of staff with the Department of Environmental Quality, and comments submitted by interested individuals, the State Water Control Board approved the permit for the Wegmans project.
In addition to the state-level review, the proposed development is also being reviewed for compliance with federal environmental regulations. The U.S. Army Corps of Engineers issued the permit authorizing certain work to be performed in waters of the United States (Wetlands Permit updated 6/21/2021) on June 10, 2021. (U.S. Army Corps Cover Letter, Vicinity Map, Impact Map, Certificate of Compliance, Signed Memorandum of Agreement, Administrative Appeal Form.)
Pending/Completed actions: staff-level County reviews
Review and approval at the staff level are customary with all projects that have all legislative and procedural approvals.
The following County administrative approvals are still necessary for the project to proceed:
- Commercial Subdivision Plat was recorded with the Clerk of the Circuit Court on July 1. This review process ensures that property boundaries, size, and access requirements meet local requirements.
- Site Plan (under administrative review by the Planning Department). The site plan must demonstrate how the development of the property meets all local requirements (including zoning requirements, Fire Code standards, and those related to storm water management and public water and sewer) as well as state and federal requirements. The site plan was approved on July 8, 2021 (for details see below).
- Building permit.
- Sliding Hill Road Widening Plans are among the transportation improvements (listed below.) The planning department approved the road construction plans on July 8.
- Erosion and sediment control plans (reviewed by the Department of Public Works). This ensures that appropriate safeguards are in place during site development to avoid unnecessary impacts on neighboring properties and waterways (which includes Virginia’s rivers and the Chesapeake Bay).
- Water Quality Impact Assessment: The signed water quality impact assessment, with supporting perenniality study, the approved wetland permit and the approved plans complete the required elements of a Major Water Quality Impact assessment in Section 10-43 of the Hanover County Code.
- Land Disturbance Permit (reviewed by the Department of Public Works). This ensures that grading and other site work does not extend beyond approved areas and does not improperly affect adjacent roads, properties, and waterways. The Department of Public Works approved the Land Disturbance Permit on August 12, 2021.
The engineer for the Wegmans project, submitted the initial site plan addressing all Hanover County zoning requirements on December 20, 2019. The site plan has undergone numerous reviews and resubmittals. The final plan revisions were reviewed and approved by the Planning Department on July 8, 2021. This is the approved site plan.
Site plan approval is but one additional step required for the development of the property, and construction and occupancy of the building. Additional permitting is required to proceed with the construction of the project. The following additional permits will need to be obtained from various County departments including:
- Public Works – Land Disturbance Permit
- Public Utilities – Construction Permits for on-site and off-site public utilities
- Building Inspections – Building Permits including necessary sub-trade permits (i.e. electric and plumbing)
- Fire Marshall – Various permits to be issued upon initiation of operations, and renewed annually to ensure fire safety
The approved site plan shows a location for a self-contained cardboard recycling compactor, and locations for up to five auxiliary emergency use generators. (Update July 16, 2021: Wegmans has finalized the specifications for the generators. Only three generators will be required for the initial phase of development. Any future expansion may require the installation of one additional generator, but in no case will there ever be more than four units on-site. Attached are generator specifications; EPA Tier-2 emission certificate; Kohler generator unit EPA T2 emissions data sheet; Kohler general set low nox VDEQ emissions data sheet; e-frame enclosures presentation; and comparative Caterpillar unit emissions.) The generators and associated fuel storage will require a permit issued by the Virginia Department of Environmental Quality, and the permit must be obtained prior to their installation. The use of auxiliary generators for a facility of this type is not unusual.
Neither the compactor nor the generators were shown on the conceptual plan approved by the Board of Supervisors; however, ancillary equipment such as HVAC units, air handlers, compactors, dumpsters, and auxiliary generators are not typically shown on a conceptual plan at the time of zoning. Those details are usually included in the site plan.
Regarding the generator units, the County has been working with the applicant on generators on location and noise attenuation since March 6, 2020, in response to a February 28, 2020 submittal to ensure the generators do not present impacts to the surrounding community. The final details were not received from the applicant until June 16, 2021 and the site plan approved on July 8, 2021.
Modifications to earlier site plan submittals required by Planning staff include:
- Relocating the proposed generator units from a location close to Sliding Hill Road to a location more central to the project;
- Ensuring the generators meet the applicable provisions of the Hanover County Noise Ordinance with regard to decibel limits as measured at the property line. This was achieved by the following measures:
- Placing the generator units in completely self-contained noise attenuated enclosures; and,
- Construction of additional sound attenuating fencing generally along the perimeter of the generator pads
- Requiring a covenant prohibiting periodic operation of the generators for maintenance purposes between the hours of 7:00 PM and 8:00 AM
Regarding the potential need for state and federal permits for the generators, it is the applicant's responsibility to obtain all necessary permits. The applicant is aware of this need and was put on notice the generator may not be installed or granted County building permits until necessary permits are obtained from the appropriate state and federal agencies.
The County expects Wegmans and its contractors to meet the requirements for Land Disturbance Permit issuance in the next 1-5 days from August 3, 2021. Survey flagging of a portion of the phase 1 clearing limits will begin during that same time period. The County expects actual clearing and work activity to begin in the next 5-10 days from August 3, 2021.
Documents and plans can be followed by logging into the Community Development portal at https://communitydevelopment.hanovercounty.gov/eTRAKiT/Search/project.aspx. Enter Wegmans as the Project Name and hit the Search bar.
Transportation improvements associated with the project:
The recently completed Sliding Hill widening improvements were part of a 2017 Smart Scale (Round 1) project and not part of the scope of transportation improvements related to Wegmans. Wegmans has agreed to construct and fund curvature improvements on Sliding Hill at Silverstone Drive (the entrance to the Somerset neighborhood). A February 2020 Signal Justification Report for the New Ashcake and Sliding Hill Road intersection documented the need for signalized improvements and VDOT ultimately approved a signalized continuous T intersection as the preferred alternative. The plans for this intersection can be seen here Version OptionsWegmans Project InformationHeadline Transportation improvements associated with the project: Transportation improvements associated with the project: Transportation improvements associated with the project:. A conceptual picture version can be seen here Version OptionsWegmans Project InformationHeadline Transportation improvements associated with the project: Transportation improvements associated with the project: Transportation improvements associated with the project:. This project has been bid by the Department of Public Works. No significant changes to the existing intersection will be made; however, medians, lane designations and striping will be modified and a traffic signal will be added to ensure the ongoing safe operation of the intersection. Staff has been reporting on this project quarterly during Board of Supervisors meetings since July 2020.
In addition, the Board of Supervisors has requested that the Virginia Department of Transportation approve No Through Truck designations for several roads that may be impacted by traffic from the Wegmans facility, including portions of Ashcake Road, New Ashcake Road, Atlee Station Road, Atlee Road and Peaks Road. These designations are not necessary for the project to move forward, but may reduce the number of certain vehicles using these roadways. VDOT has completed their review of the five routes and concluded Through Truck Restrictions are appropriate on Ashcake Road and Atlee Station/Atlee Road. Here's the link to the VDOT studies and recommendations. Inquiries about the studies and corresponding recommendations should be directed to the VDOT Ashland Residency at (804) 585-3567.
Water and wastewater improvements associated with the project:
Wegmans is constructing a portion of the Brown Grove Regional Trunk Sewer, an offsite sewer being constructed under the performance agreement. This sewer will initially serve the Wegmans project and can be extended to serve other properties in the Brown Grove neighborhood. The Department of Public Utilities issued the Utility Construction Permit for the Brown Grove Regional Trunk Sewer on September 1.
Wegmans is constructing and paying for all onsite sewer improvements. These improvements have been designed to serve other adjoining properties in accordance with Hanover County's requirements. Wegmans is also constructing extensive waterline improvements and these projects will result in water system improvements to not only Wegmans but other properties in the area.
On August 3, the Department of Public Works issued the Land Disturbance Permit for the Brown Grove Regional Trunk Sewer. The County expects survey flagging of clearing limits and for construction to begin over the next 1-5 days from August 3. The Department of Public Utilities will issue a separate Utility Construction Permit for this work – it will be available on this webpage upon issuance. The County expects construction activity to include clearing of the sewer line easement to begin over the next 5-10 days from August 3.
Hanover County Noise Ordinance
Some questions have come up regarding how the Noise Ordinance (found in Chapter 16 of the County Code) applies to construction activities.
Section 16-2 of the County Code provides that the purpose of the Noise Ordinance is to “promote an environment for its residents free from noise that jeopardizes their health or welfare or degrades the quality of life.” It is not designed to regulate or limit all sounds or noise and recognizes that there are activities that result in sounds that are noticeable at the location of the source of the noise (or on nearby properties) but that are part of everyday life.
There are certain activities that are exempt from the Noise Ordinance. Those activities, listed in Section 16-4 of the County Code, are (1) sounds that are created to alert others of an emergency or that occur as part of emergency work; (2) noise created for certain public activities (repairs, maintenance, replacement or alteration of public utility systems drainage, and streets or highways); (3) the production of agricultural products; (4) parades permitted by the County or VDOT, or any activities as places of public assembly that are subject to a conditional use permit or special exception (which would include parks and schools); and (5) sounds emanating from activities that are regulated by the Virginia Department of Mines, Minerals and Energy (such as mining and certain excavation operations). Private construction activities—including both site development and the construction or maintenance of buildings and other improvements—are not on the list of exempted activities and are, therefore, governed by the Noise Ordinance.
Section 16-8 of the Noise Ordinance contains a list of activities that are “automatically” determined to be violations. These activities are not governed by the volume of the noise/sound but by the situations in which the sounds are made (primarily relating to the time of day that the noise is created). There is one provision that specifically relates to construction activities on private property. Section 16-8 of the County Code provides that “operating or causing to be operated any equipment used in construction, repair, alteration or demolition work on buildings, structures, streets, alleys, drainage or public utility systems or parts thereof, and appurtenances thereto in the outdoors between the hours of 9:00 p.m. and 7:00 a.m. the following day” is a violation of the Noise Ordinance. So, any construction activity, whether it is to clear a site for development, the construction of a new building, the repair of an existing building (such as replacing a roof or replacing the siding on a residential structure), and similar activities, that occurs before 7:00 a.m. or after 9:00 p.m. constitutes a violation. Section 16-8 of the County Code includes other activities (such as trash collection, playing loud music, and performing yard/landscaping work outside certain hours, or by allowing dogs and other animals to make noise over a prolonged period of time); none of those other listed activities apply to private construction operations.
In addition to the specific acts that constitute a violation, the Noise Ordinance also provides for general noise/sound levels that must be adhered to. These regulations, set forth in Section 16-10 of the Noise Ordinance, provide for maximum sounds based on the zoning district of “receiving” property (i.e. the property on which the sound is heard and not the property on which the sound is generated). This regulation does not provide that a single sound (or even repeated sounds) that exceeds the stated limit creates a violation. In order for a violation to be present, the average sound pressure level (which is how the volume of sound is measured) on the receiving property must exceed certain limits. That average is calculated using readings taken over a four-hour period. To use an (admittedly oversimplified) example, if a property that is zoned B-1 is the “receiving property”, the sound meter would be set up on that property. Readings would be taken over a period of four hours. The average sound reading for a particular noise source over that four hour period must exceed 77 dB (A) in order for there to be a violation. If the sound level on the receiving property for one entire hour was a consistent 100 dB(A) (which most people would consider to be extremely loud), but the other three hours the sound level was a consistent 50 dB(A) (which is closer to ambient noise levels), the average sound level would be 62.5 dB(A). That would not constitute a violation of the Noise Ordinance. In practice, sound levels fluctuate considerably over time and specialized equipment (and operators who are trained to use that equipment) must be used.
If an individual has a complaint about the noise levels on their property (whether because an activity is happening outside the permitted time periods, or because the person thinks that the average sound level is being exceeded), they should contact the Planning Department. Experience has shown that most complaints are connected with intermittent activity that may, at times, exceed the levels stated in the Ordinance. As noted above, single (or even repeated) instances where sound exceeds the maximum average level do not constitute a violation; the relevant standard is an average level over a four-hour period of time. County staff, however, will investigate any complaint that is received to determine if the sound associated with an activity exceeds the levels set forth in the Noise Ordinance.
Lawsuits have been filed by some who oppose the Wegmans project challenging (1) the decision of the Board of Supervisors on the application to amend the proffers and to issue a special exception, and (2) the decision of the State Water Control Board to approve the wetlands permit. The lawsuit challenging the Board’s decisions was filed in Hanover Circuit Court and the Court issued an Order dismissing the challenge in November 2020; however, the Court has allowed the plaintiffs the opportunity to amend their complaint and a hearing was held in June. In August, the Court dismissed the case. The challenge to the State Water Control Board’s decision has been filed in Richmond Circuit Court. The County is not a party to that litigation.
If you have questions about the Wegmans project, please email us.