COUNTY OF ALBEMARLE STAFF REPORT SUMMARY

 

Project Name:  SP 2005-026 Luck Stone Asphalt Plant

Staff:  Joan McDowell

Planning Commission Public Hearing: 

September 5, 2006

Board of Supervisors Public Hearing:

October 4, 2006 (Day)

Owners:  Rivanna LLC c/o Charles Luck

Applicant:  Charles Luck, III

Acreage:  4.1 acres on the southwest corner of a 127.797 acre parcel (TMP 79-07)

Special Use Permit for:  Section 30.4.02.2(2) Asphalt Plant in the Natural Resource Extraction Overlay District to allow for the relocation of an asphalt plant on the Luck Stone quarry property

TMP:  79-7, 7B

Location: One mile east of the Rt. 250 / I 64 interchange

Conditions: Yes

Existing Zoning and By-right use:  RA Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre);  NR Natural Resources Extraction Overlay District – overlay to allow natural resource extraction; FH Flood Hazard – Overlay to provide safety and protection from flooding EC Entrance Corridor – overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access;

Magisterial District: Scottsville

Requested # of Dwelling Units:  N/A

DA                               RA   X

Proposal:  The asphalt plant, in operation on this site since 1961, would be relocated approximately 1,400 feet to the west.  A new, more technologically advanced, facility would replace the existing plant.  Relocation would allow the removal of stone at the existing plant location. 

Comprehensive Plan Designation:  RA - Rural Areas: preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre); Parks and Greenways: parks; greenways; playgrounds; pedestrian and bicycle paths

Character of Property:  The site is an operating quarry.  It is adjacent to the historic Thomas Jefferson Shadwell quarter farm and within the Monticello viewshed.

Use of Surrounding Properties:  Stone Robinson Elementary School is located on the east; Shadwell, owned by the Thomas Jefferson Foundation (under Historic easement) is on the west; CSX Railroad and the Rivanna River is on the south; agricultural uses on the opposite side of Rt. 250 on the north

Factors Favorable:

1. The asphalt plant has been operating on this site, in conjunction with the quarry, since 1961.

2. The buffers between the quarry and Route 250 and between the proposed asphalt plant site and the Rivanna River will be maintained, unless a portion of the southern buffer along the River has a County greenway trail installed.

3. Forward moving circulation for trucks would significantly reduce truck back-up noise.

4. The new plant facility would employ the newer technology that would reduce air quality and noise impacts.

 

Factors Unfavorable:

1. The proposed site is adjacent to Barns Branch and will require approval of a special use permit to construct a berm to remove it from the flood plain.

2. The proposed site is closer to a historic property on the west and to a property containing an agricultural use across the Rivanna River, which requires mitigation of impacts.

 

RECOMMENDATION: Staff recommends approval, subject to conditions.

 

 

Petition: 

PROJECT: SP 05-26 Luck Stone Asphalt Plant Relocation

PROPOSED: Relocate existing asphalt mixing plant site on the 127 ac. Luck Stone quarry property to a 4.1 ac. area on the southwest corner of the property, north of the railroad

ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre); NR Natural Resource - Overlay to allow natural resource extraction; EC Entrance Corridor - Overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access; FH Flood Hazard - Overlay to provide safety and protection from flooding

SECTIONS: 18-30.4.02(2) asphalt mixing plants; 18-30.4 natural resource; 18-30.6 entrance corridor overlay; 18-30.3 flood hazard

COMPREHENSIVE PLAN LAND USE/DENSITY:  Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre); Parks and Greenways - parks; greenways; playgrounds; pedestrian and bicycle paths

ENTRANCE CORRIDOR: Yes LOCATION: 2528 Richmond Road (Rt. 250), appx. 1-mi. east of I64 intersection

TAX MAP/PARCEL:  TMP 79-7, 7B

MAGISTERIAL DISTRICT: Scottsville

 

Character of the Area:

The area contains a mixture of residential, industrial, commercial, the Stone Robinson School, and agricultural properties.  It is adjacent to the historic Shadwell birthplace of Peter Jefferson, owned by the Thomas Jefferson Memorial Foundation, and it is within the Monticello viewshed.  The property is also within view of the historic Auburn Hills Farm, across the Rivanna River.  It is situated between the Rivanna River, Route 250 and south of I64.  It is approximately one-mile south of the Southwest Mountains Historic District. The proposed site is on the southwest corner of the Luck Stone rock quarry.  The quarry faces Route 250, which has been identified as an Entrance Corridor by the Comprehensive Plan. 

 

Specifics of the Proposal:

Luck Stone leases a 4.1-acre portion of their quarry site in a mutually beneficial arrangement to an asphalt plant owned by S.L. Williamson. As the quarry desires to extract the stone from the area currently occupied by the asphalt plant, the quarry has requested approval of a new location for the asphalt plant further to the west.  The proposed site contains 4.1 acres.  The concept plan and a cross section sight plan are attached (Attachment A).  If this approval is granted, the applicant plans to demolish the existing, outdated asphalt facility and construct a new plant that would increase production and meet the most stringent environmental codes, according to the applicant.  The existing plant employs approximately six people.

 

The new plant would require silos to store the asphalt mix.  The Zoning Administrator has determined that the silos would be exempt under Section 4.10.3.1. The applicant has advised that the silos will not exceed a maximum height of 83 feet (measured from the finished site grade). A condition of approval has been offered to restrict the maximum height of the silos to the requested 83 feet.

 

In response to concerns raised by a landowner on the opposite side of the Rivanna River regarding potential impacts from the asphalt plant moving closer to their property, the applicant has agreed to the following mitigation measures:

·         develop a forward moving circulation pattern for trucks within the site that would prevent all but the infrequent use of truck back-up noise warning indicators.  A diagram has been provided to show the proposed traffic flow (Attachment  B)

 

·         limit the hours/days of operation:

            7:00 AM to 10:00 PM Monday through Saturday

7:00 AM to 12:00 AM Monday through Saturday for no more than 60 days per year.  The extended hours of operation would be necessary in order to fulfill an occasional contract.   

 

The applicant submitted a Certified Engineer's Report (Attachment C), as required under Section 4.14.8 of the Zoning Ordinance

            4.14.8 CERTIFIED ENGINEER REPORT SUBMITTAL

Each future occupant of an industrial character shall submit to the county engineer as precedent to

issuance of a zoning compliance clearance a certified engineer's report describing the proposed

operation, all machines, processes, products and by-products, stating the nature and expected

levels of emission or discharge to land, air and/or water or liquid, solid or gaseous effluent and

electrical impulses and noise under normal operations, and the specifications of treatment methods

and mechanisms to be used to control such emission or discharge. The county engineer shall

review the applicant's submittal and make comment and recommendation prior to final

commission action on the site development plan. (Amended 9-9-92)

 

The County Engineer has recommended that approval of this special use permit with conditions (conditions 4-10) to address site issues and the performance standards for noise(Section 4.18 of the Zoning Ordinance). 

 

Planning and Zoning History:

The Luck Stone Quarry has been in operation since 1936 and S.L. Williamson has operated their asphalt plant since1961 at this Shadwell location.  These operations predate the zoning ordinance; therefore, there are no County files regarding the planning and zoning considerations of the use of the property as a quarry and co-location of an asphalt plant.    In 1999, the County approved a site plan (SDP99-063) that included construction of new quarry facilities including a shop, a scale office, equipment washing facility, and a storage building at the property.  While unrelated to the current request, staff also identified two rezoning requests in the 1960's and 1980's, respectfully, and a special use permit request in the 1990's for other Luck Stone property to the southeast of the quarry property.  The rezoning in the 1980's, ZMA 85-31, was approved to rezone 29.512 acres from RA to RA with Natural Resource Extraction Overlay on TM 79-20, 23D and 23E adjacent to the main quarry site.  The rezoning was subject to the following proffers:

1.  Luck Stone shall limit the use of Parcels 23D and 23E to filling and reclaiming.

2.  Luck Stone shall abide by Albemarle County Zoning Ordinance Section 5.1.28-Borrow, Fill or Waste Area to accomplish the subject filling and reclaiming.

3.  Fill material shall be hauled across Luck Stone property and not on public roads to get to the subject fill area.

4.  Other than seeding and planting activity, work on the fill area shall be limited to winter months (November 15 through March 15), summer vacation period (June, July, August), and any day school is not in session.

5.  Access to 729 from Parcel 20 shall be limited to light vehicles (autos and pickups) and emergency needs.

 

SP 2006-23 Luck Stone Quarry Flood Control Berm, is an application that is being processed concurrently with this relocation for asphalt plant application, due to the proposed site location in a flood plain along Barns Branch.  The relocation of the plant to this site would require mitigation of a flood control berm to remove it from the flood plain. 


 

 

Conformity with the Comprehensive Plan:

The Mineral Resources section of the Natural Resources and Cultural Assets chapter of the Comprehensive Plan recognizes the mineral production in Albemarle.  However, the Plan cautions, "that mineral resource production should not conflict with adjacent land uses and that mineral resources extraction should be accomplished without adverse effects to other environmental resources."  This caution is followed by a referral to the Natural Resource Extraction Overlay District regulations in the Zoning Ordinance.  Located in the Rural Areas land use designation of the Comprehensive Plan, staff's opinion is that the continuation of the asphalt plant location at the existing rock quarry would provide direct access to materials and therefore reduce the amount of traffic on rural area roads. The asphalt plant facility would be replaced by a newer, more technologically advanced structure that would reduce noise and noxious air emissions, resulting on fewer potential negative impacts on their adjacent rural neighbors.  The asphalt product serves infrastructure needs of both the Rural Areas and the Development Areas.

 

The Greenways section of the Plan objective to establish a network of greenway trails may be fulfilled by an action initiated before the filing of this special use permit application.  The applicant is in the process establishing an easement for a greenway trail on a portion of the property between the railroad and the Rivanna River.  This section of trail is one of the few outstanding links that would complete the Old Mills Heritage Trail that begins at Darden Towe Park and extends to the Milton Bridge.  It is important to note that the trail is separate from the special use permit and is not contingent on approval of the permit.  An aerial photograph of the trail location on this property is attached as information (Attachment D).

 

STAFF COMMENT:

The Natural Resource Extraction Overlay District (Section 30.4) was created

to provide for the utilization of spring water for off-site consumption, sand, gravel, stone or other mineral deposits within the county in a manner compatible with adjacent land uses. NR districts may be established where deposits of sand, gravel, stone or other minerals exist; where the uses permitted hereunder are unlikely to create effects adverse to public health, safety and welfare or to the value of adjacent properties; and specifically where existing roads will not make it necessary to conduct trucking operations through developed residential areas or areas likely to be developed for residents during the course of any extractive use. (Amended 6-10-92)

 

Asphalt mixing plants are permitted subject to approval of a special use permit in the Natural Resource Extraction Overlay District. 

 

Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.

 

31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property,

Correspondence from two adjacent landowners, Stone Robinson Elementary School and Thomas Jefferson Foundation, in support of the proposed asphalt plant relocation have been received (Attachments E and F).  The owner of a nearby property, Auburn Hill Farm, expressed concerns for potential noise and lighting impacts.  The applicant offered to limit the hours and days of operation and route trucks to limit back up indicator noise.  The Certified Engineer's Report (Attachment C) addresses glare and a condition of approval (Condition 6) would require compliance with the County's outdoor lighting ordinance. A letter from the Department of Conservation and Recreation stating that the project vicinity was examined and their files do not indicated any documentation of natural heritage resources, state-listed endangered or threatened species (Attachment G).


 

 

that the character of the district will not be changed thereby and

A natural tree buffer separates the quarry from Route 250 would be maintained.  The buffer between the proposed site and the adjacent Shadwell birthplace of Peter Jefferson is also separated by a tree buffer that will be maintained by the Thomas Jefferson Foundation, as it is located on the Shadwell property.  The proposed site is separated from the Rivanna River by the CSX Railroad and a tree buffer area.  This buffer area would contain the greenway trail easement, if the easement were completed.  A condition of approval to limit clearing on this property to the minimum necessary is offered, in order to provide a natural landscape buffer along the River. 

 

that such use will be in harmony with the purpose and intent of this ordinance,

The purpose and intent of the Rural Areas zoning is to preserve agricultural and forestal lands and activities, to protect the water supply, to limit service to rural areas, and to conserve the natural, scenic, and historic resources of the County.  The Natural Resource Extraction Overlay District The conditions of approval assure that the asphalt plant would be in accord with the purposes of the Natural Resource Extraction Overlay District purpose is to provide for the utilization of spring water for off-site consumption, sand, gravel, stone or other mineral deposits within the county in a manner compatible with adjacent land uses.

 

with uses permitted by right in the district,

The by right uses in the Natural Resource Extraction Overlay District include removal of soil, sand, gravel, stone, or other minerals by excavation, stripping, quarrying, or other mining operation. The asphalt plant has been operating in conjunction with the quarry since 1961.  The co-located uses are mutually beneficial, as the quarry supplies the materials necessary to manufacture asphalt.  Negative impacts to the adjacent Rural Areas district uses negative impacts would be mitigated through the conditions of approval, such as retaining natural landscaping, limiting the hours of operation, creation of a truck circulation plan to reduce noise from back-up indicators.

 

with the additional regulations provided in section 5.0 of this ordinance,

There are no regulations in section 5.0 of the ordinance that apply to asphalt mixing plants.

 

and with the public health, safety and general welfare.

Virginia Department of Transportation advised that Luck Stone quarry is realigning their entrance and participating in the Routes 22/250 safety improvement project that will realign the Routes 22/250 intersection.  These improvements will address all of the frontage improvements necessary for the asphalt plant relocation and did not recommend or require any additional improvements.   The asphalt plant would not be releasing any water directly into Barns Branch. 

 

SUMMARY:

Staff has identified the following factors favorable to this application:

1.The asphalt plant has been operating on this site, in conjunction with the quarry, since 1961.

2.The buffers between the quarry and Route 250 and between the proposed asphalt plant site and the Rivanna River will be maintained, unless a portion of the southern buffer along the River has a County greenway trail installed.

3.Forward moving traffic circulation pattern to reduce truck back-up noise.

4.The new plant facility would employ the newer technology that would reduce air quality and noise impacts.


 

 

Staff has identified the following factors unfavorable to this application:

1.The proposed site is adjacent to Barns Branch and will require approval of a special use permit to construct a berm to remove it from the flood plain.

2.The proposed relocation site is closer to a historic property on the west and a property containing an agricultural use across the Rivanna River than the existing site.

 

RECOMMENDED ACTION: 

Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2005-26 Luck Stone Asphalt Plant under the following conditions:

 

1.      Special Use Permit 2005-26 shall be developed in general accord with the concept plan, titled "Luck Stone Corporation Special Use Permit Asphalt Plant Relocation Conceptual Plan, dated August 1, 2006, and Cross Section & Line of Sight Plan dated, August 29, 2005 (Attachment A).  However, the Zoning Administrator may approve revisions to the concept plan to allow compliance with the Zoning Ordinance. 

2.      The existing asphalt plant shall be demolished and removed from the property no later than two months following the start of operation of the new plant.   

3.      Approval of this Special User Permit shall expire when the adjacent quarry is no longer in operation.    

4.      Hours and days of operation shall not exceed 7:00 AM to 10:00 PM Monday through Saturday and 7:00 AM to 12:00 AM Monday through Saturday for no more than 60 days per year.

5.      Sound/noise barriers and attenuation measures, as described in the ASTEC, Inc. Certified Engineers Report (Attachment C), will be provided as necessary to comply with the County “noise” requirements (Code 18-4.18).  The applicant shall identify these measures on the site development plan and the asphalt plant building permit plans.

6.      Plant site lighting will comply with County “outdoor lighting” requirements (Code 18-4.17).

7.      A copy of the Virginia Department of Environmental Quality “construction permit” shall be submitted to the county engineer prior to approval of a final site plan for the asphalt plant.

8.      A special use permit for fill within the flood hazard overlay district shall be obtained, to allow the raising of the ground elevation adjacent to Barn Branch and creation of a levee to protect the quarry and its operations from the 100-year flood, prior to approval of a site plan for the asphalt plant.

9.      A Conditional Letter of Map Revision (CLOMR) is required to be obtained by the applicant from the Federal Emergency Management Agency (FEMA) and a copy provided to the county engineer prior to the issuance of a building permit for the asphalt plant.

10.  Prior to County issuance of a zoning clearance and certificate of occupancy for the plant, the applicant shall: 

·         Submit and obtain county engineer approval of as-built drawings for the completed and stabilized levee (including geotechnical engineer certification of the adequate compaction of the fill).

·         Provide the county engineer with documentation demonstrating that the information necessary to address the conditions of the CLOMR has been submitted to FEMA. 

11.  The buffer area along Route 250 shall be maintained to provide a visual barrier between the operations on the site and Route 250. 

12.  The asphalt plant shall be designed in a manner to provide forward circulation for trucks as they enter, load, and exit the area, as depicted on the plan titled "Luck Stone Corporation, Charlottesville Plant Site Map Asphalt Plant Relocation" and dated August 8, 2006 (Attachment B).

13.  No direct conveyance of storm water from the asphalt plant area to Barn Branch shall be permitted.

14.  The natural landscape area between the CSX Railroad south of the proposed site and the Rivanna River on TMP 79-7B shall be maintained in its current natural state, as shown on Attachment D, with the exception of allowing for a greenway trail, should a greenway trail be installed in the future.

15.  The maximum height of any portion of the asphalt plant shall not exceed 83 feet, as measured from the finished site grade.

 

 

ATTACHMENTS

Attachment A – Luck Stone Corporation Asphalt Plant Relocation Concept Plan, dated August 1, 2006; and Cross Sections (Line of Sight Plan) for Auburn Hill dated 10/27/05 and for Monticello dated 11/22/05

Attachment B - Luck Stone Corporation Charlottesville Plant Site Map Asphalt Plant Relocation, dated August 8, 2006

Attachment C - Letter from Astec, Inc. to S.L. Williamson, dated August 11, 2006 (Certified Engineers Report)

Attachment D - The Old Mills Trail Proposed Luck Stone Section

Attachment E - Letter from Stone Robinson Elementary School to Joan McDowell, dated October 31, 2005

Attachment F - Letter from Thomas Jefferson Foundation to Joan McDowell, dated November 18, 2005

Attachment G - Letter from Virginia Department of Conservation and Recreation to Joan McDowell, dated January 18, 2006

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