COUNTY OF ALBEMARLE

STAFF REPORT SUMMARY

 

Project Name:  SP200800032 Central Virginia Recycling Center

Staff:  Joan McDowell, Principal Planner, Rural Areas

Planning Commission Public Hearing:

February 17, 2009

Board of Supervisors Public Hearing:

March 11, 2009

Owner/s:  Outdoor Theater Land Partnership, LLC c/o Mr. and Mrs. Charles McRaven

Applicant: Central Virginia Recycling, Inc.

Acreage:  overall – 100.261 acres

Acreage for special use permit = 21 -25 acres

Special Use Permit: Section 18-10.2.2 (14) Sawmills, planning mills and woodyards

TMP:  94-21N and TMP 94-21N1 (well lot)

Location:  4545 Richmond Road; south side Rt.  250 Richmond Road at S.R. 794 Three Chopt Road; approximately 1,325 feet west of Rt.  616 Blackcat Road / Rt.  759 Union Mills Road

Existing Zoning and By-right use:   

Rural Areas (RA) agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots)

 

 

Magisterial District:  Scottsville

Conditions:  Yes, if the application is approved.

DA (Development Area)or

RA (Rural Areas)  X

Requested # of Dwelling Units:  reserved approximately 26 acres for a future dwelling 

Proposal:  Receive wood products and process into wood mulch; conduct wholesale and retail sales; repair vehicles; office for business

Comprehensive Plan Designation:

Rural Areas 4

Character of Property:  Partially wooded with cleared fields; one single family house under construction; intermittent streams

Use of Surrounding Properties: 

Agricultural and residential uses

Factors Favorable:

1.         The wood recycling would provide a service to reuse waste from land clearing, construction, and pallets.

 

Factors Unfavorable:

1.   The operation would cause noise and traffic that is uncharacteristic to this area.

2.    The operation could exceed the maximum allowed noise standards in the Zoning Ordinance.

3.    The noise, both volume and duration, could disturb the neighbors.

4.        The mulching operation would be of greater benefit to development occurring in both Albemarle’s Development Areas and in other counties, instead of the Rural Areas.

5.        The information requested by staff pertaining to groundwater, parking study, traffic generated from this operation has not been forthcoming; therefore, the review is incomplete

RECOMMENDATION: Staff recommends denial of this Special Use Permit.

 

            STAFF PERSON:      Joan McDowell, Principal Planner Rural Areas

PLANNING COMMISSION:                      February 17, 2009

BOARD OF SUPERVISORS:                      March 11, 2009

 

SP 200800032 Central Virginia Recycling Center

 

Petition: 

SP-2008-0032. Central Virginia Recycling Center (Signs #49&52). PROPOSED: Special Use Permit on approximately 25 acre portion of a 100.261 acre parcel and a .23 acre parcel containing a central well. Proposal is to receive wood products from timber, stumps, and wood waste from construction, shipping and excavation and then processed/recycled by grinding, chipping, dying and composting into mulch; conduct both retail and wholesale sales of the products at the site; site would include  structures related to the use.

 ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots). SECTION: 10.2.2 (14) Sawmills, planning mills and woodyards. COMPREHENSIVE PLAN LAND USE/DENSITY:  RA Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/density (.5 unit/acre in development lots); EC Entrance Corridor - Overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along Rt. s of tourist access.

ENTRANCE CORRIDOR: Yes.

LOCATION: 4545 Richmond Road; South side of Richmond Rd. (Rt 250 East) at its intersection with Three Chopt Road (Rt 794), approximately 1,325 feet west of Union Mills Rd. (Rt 759) and Black Cat Rd. (Rt. 616).

TAX MAP/PARCEL:  TMP 94-21N and TMP 94-21N1 (well lot).

MAGISTERIAL DISTRICT:  Scottsville

 

Character of the Area:   Located approximately one mile west of Fluvanna County, this eastern edge of Albemarle County includes a mixture of residences, agricultural uses, intermittent forest patches and hedgerows.  The Keswick Farms subdivision borders the subject property on the south and east sides. The property is intersected by several intermittent streams. Pastures, forest patches and residential dwellings are located on the west side of the property.  The nearest dwelling is approximately 450 feet from the mulching operation’s access road.  A commercial business is located at the nearest intersection at Three Chopt Road (Rt. 794) and Richmond Road (Rt. 250).  Several properties in the area, including Limestone Farm, have been placed into conservation easements. (Attachment A)

 

Specifics of the Proposal:  The applicant has requested a special use permit to be allowed to operate a wood mulching operation on approximately 21-25 acres of a 100.261 acre property; 53 acres would be a preserved wooded area; approximately 26 acres would be later subdivided.  Access to the mulching operation would be from a reconfigured “Y” shaped entrance at the junction of Rt.  250 and Rt. 794 (see sketch later in report). The access road is currently an unimproved driveway through the edge of the property.  The applicant has plans to improve this into an access driveway by widening it to 24 feet and paving it with asphalt.  The access driveway parallels the adjacent property on the western border and is separated from the property line by an evergreen hedgerow.    

 

The operation would include the following improvements: 

•  A two story building containing a vehicle/machinery repair shop and office;

•  A caretaker’s cottage;

•  A guardhouse;

•  Bins to hold materials;

•  Equipment / trucks; and

•  Concrete and gravel areas for the parking, staging, aging and mulching operation areas.

 

The mulching operation would include the delivery of wood construction materials, shipping pallets, and timbered material to the site by truck.  The material is sorted, ground, and stored until it is sold as wood mulch.  The applicant intends to sell to both wholesale and retail markets.  The finished materials, topsoil and mulch, would be either delivered to the destination or it would be picked up by the customer.  

 

The operation would include the following:

         The proposed days and hours of operation are:  Monday – Friday, 7:00 AM to 5:00 PM; Saturday, 7:00 AM to 1:00 PM; closed Sunday;

         The proposed number of employees:  10;

         The anticipated number of dump trucks per day:  50;

         The anticipated number of tractor trailers per day:  10;

         Storage of the equipment/trucks would be on-site; and

         Noise associated with this operation would be related to the vehicles as well as from the operation itself.  Noise impacts are discussed later in this report.

 

The application materials submitted by the applicant for the November 17, 2008, application re-submittal are included as Attachments  B through I.

 

         Planning and Zoning History: 

SP 1975-490  Approved special use permit for a central well on a 1-acre well lot to serve the Woodsedge Subdivision. (The subject parcel was later subdivided and a field verified check of the well location shows that the well is south of this property, but the waterline easement goes through the subject property in the wooded are between the operation site and the south property line.)

ZTA 1992-01 Approved zoning text amendment added Section 10.2.2 (44) “Theater, outdoor drama” by special use permit in the Rural Areas zoning district;

SP 1993-07 Approved special use permit for 1781 Productions an outdoor historical drama (Attachment J); the special use permit was vested but the outdoor drama has not been commenced.

Official Determination  September 15, 2008 - The Zoning Division determined that the Central Virginia Recycling Center is within the “Sawmills, planning mills, and woodyards” use classification in the Albemarle County Code Sec. 18-10.2.2 (14).  (Attachment K).  This determination was not appealed in the permitted timeframe; therefore, the determination is final.

 

Conformity with the Comprehensive Plan: Comprehensive Plan designates the subject properties as Rural Areas emphasizing the preservation and protection of agricultural, forestal, open space, and natural, historic and scenic resources as land use options.   The proposed operation would recycle wood products primarily from land clearing, construction waste, and wood pallets into mulch. As such, the wood products used in this operation would not often come from forestry operations or from agricultural operations. Activities in the Development Areas and the growing communities in the Zions Crossroads area would likely receive the most benefit from this proposed operation and would likely provide many of its customers who would utilize the mulch for things such as landscaping.  While the recycling of material can be a beneficial enterprise, this use would not directly support the preservation and protection of resources called for in the Rural Areas Guiding Principles.

 

The Guiding Principles also pledge to “Protect and enhance rural quality of life for present and future Rural Areas residents.”  The negative impacts of this operation to this area's rural residents would not be consistent with this pledge.

 

 The mulching operation would be located toward the center of the parcel, approximately 1,762 feet from Rt.  250, so it would not be visible from the Rt.  250 Entrance Corridor.

 

STAFF COMMENT:

This application has received three reviews:  1) original application submitted on June 16, 2008; 2) re-submittal on September 19, 2008; 3) re-submittal on November 17, 2008.  Although the re-submittals answered many of the comments/requests for additional information, some questions have not been satisfactorily addressed or the answers have presented new information that prompted additional questions. On December 18, 2008, the applicant determined not to provide any further responses and have the Planning Commission public hearing be scheduled. Although many of the unanswered comments pertain to items that will be required to be included with the site plan application, staff believes that the special use permit review presents the greatest opportunity to bring to light all potential issues and impacts.  As all information has not been submitted by the applicant, staff has not been able to complete the review of this application.  Further, a condition that would require that the final plans be in “general accord” with the concept plan may require changes with the site plan that can not be anticipated at this time because of the incomplete review.  The applicant has also been advised during the review process to first have a Planning Commission work session for this project.  However, the applicant has declined and directed that this project be brought to public hearing.

 

The most significant comments that the applicant has not provided the information requested by staff are discussed below:

 

1.     Noise – The on-site noise test conducted by the applicant in June 2008 with one piece of equipment operating, the grinder, indicated that the noise levels at one location on the northwest property line exceeded the maximum allowable levels (see below). The applicant has stated that the equipment would be sited further away from the location used during the noise test in June 2008, but they realize that there is no way of determining if some degree of violation will persist until the site is developed and testing can be performed under actual conditions. Although the equipment would be situated further away and continue to be separated by an existing evergreen hedgerow at the property line, the concept plan shows that the delivery and grinding location would be moved closer to the properties on the south and the east sides. The proposed truck and equipment repair shop would also be located closer to these properties.  The operations areas (grinding) would be separated by an existing stand of trees.  Although the applicant has made assurances that they will “do whatever is necessary, within reason, to circumvent any problems”, excessive noise and noise for long periods of time remains a major concern of the neighbors and of staff.  According to the Zoning Division, “This will be a significant concern in the review and operation, as it is something that may be a constant irritation to neighbors, likely prompting numerous calls for possible violations.  The final decision may hedge on whether any noise of a more constant nature is compatible with the RA district.”

These concerns are echoed by the County Engineer in the following statement:

“It is not clear whether the intended use can meet the maximum noise limits allowed by the zoning ordinance.  With regard to noise and other performance standards (vibration, lighting, air pollution, etc.) the primary response to the likelihood of expected concerns are promises to adhere to operational limits (not putting equipment in certain locations, not operating at night, turning off equipment not in use, watering down dusty areas, limit the traffic to the facility, etc.).  Physical measures (screening and walls, barriers, distance, reduced site area, etc.) are preferable, and far more reassuring, not just to meet ordinance requirements, but to address neighbor’s concerns, which may be to lower thresholds than allowed by ordinance.  Operational measures are far less likely to work, and rely solely upon the vigilance of neighbors and their willingness to persistently police the operation.”

 

Also of concern is that the noise from this operation, including traffic noise from the large trucks entering and exiting the site, their back-up warning noises, and the clanging from flapping truck tailgates (which has been a noise irritant for neighbors of the Ivy Landfill site) is uncharacteristic in this area.      

 

2.      Parking – The concept plan shows 15 car parking spaces in front of the office/repair shop.  The Zoning Division has requested that a parking study/analysis be submitted to determine if the parking is adequate for employees and visitors/customers is adequate. The County Engineer has advised that the space shown for parking and travelways does not appear to meet Code requirements.  The applicant responded that this would be done with the Site Plan review.  Parking areas also have not been shown for trucks and equipment or for parking associated with the repair facility. Again, this special use permit offers an opportunity to assure that parking is adequate for the proposed uses and to adjust parking areas to assure that adequate and appropriate parking spaces are provided.  

 

3.      Traffic – The access to the property would be at the intersection of Richmond Road (Rt.  250) and Three Chopt Road (Rt. 794).  The existing unimproved driveway into the property would be constructed to a 24’ wide asphalt surfaced accessway that would include a paved dual “Y” entrance/exit onto each road.

 

 

A deceleration right turn lane would be constructed on eastbound Rt. 250 onto a relocated and upgraded Rt. 794 at the project entrance.  In this area, Rt.  250 is a two-lane 40’ wide Primary Road with the most current published traffic count of 5,500 vehicle trips per day.  Rt. 794 is a 10’ wide gravel road with 2’ shoulders.  Two cars traveling in opposite directions would be required to move to the shoulders in order to pass each other on Rt. 794. The most current traffic count on Rt.  794 (2006) is 96 vehicles per day and 5,471 (2007)  The anticipated number of vehicles accessing this property has been questioned by the County Engineer who has concluded that truck traffic may have been underestimated, due to the sizes given for the operational areas on the concept plan.  The applicant has stated that the size of the operation is consistent with the space shown for the proposed activities.  

 

According to VDOT, the applicant shows that there would 140 trips per day with the project’s retail component.  A capacity analysis on the intersection found that there is no significant increase in delay to Rt.  250 by not having a westbound left turn lane onto a new relocated and upgraded Rt. 794 at the project entrance.  The intersection will function at the same Level of Service as it will with no site at this location.  This is because the traffic on Rt.  250 allows enough gaps to make the left turn going east without holding up the through traffic and the traffic on this section of road is relatively low.  Of course it is always desirable to provide left turn lanes at all intersections but this is typically not practical due to Right of Way constraints or the cost of constructing these improvements.  VDOT does not recommend a left turn lane for this intersection because Rt.  250 at this location has only 40 feet of paved width.   In order to accommodate a two lane road with left and right turn lanes, the pavement would need to be 48 feet wide with additional width needed for shoulders and ditches.”

 

4.      Water – The applicant has stated that the projected water usage of 1,000 gallons per day is a best guess until the site is developed.  The projected water usage is based on data that was received from the Albemarle County Service Authority and the Thomas Jefferson Health Department.  Water would be used for sanitary facilities, as well as for sprinkling the mulch piles for dust, odor and fire management.  The Water Resources Manager has stated:

 

“In the Site Overview section of the Tier III Groundwater Assessment, the applicant makes an estimate "based on water usage by other similar operations."  A table of the water usage of similar operations and a description of any difference in scale between those operations and the operation described in this application would allow us to derive a justified estimate of the water usage that will be required to run this operation.  The well the applicant will use is high yielding.  But, without a justified estimate of the operation's water use I can not evaluate the effect of that use on the local groundwater supply.” 

 

There has been significant interest in this proposal.  Copies of the emails and letters from citizens are attached (Attachment O).

 

Staff addresses each provision of Section 31.2.4.1 of the Zoning Ordinance below:

 

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,

The access road and the wood recycling operation would be on the west side of the subject property, adjacent to agricultural and residential properties.  The properties on the south and east side of the subject site are part of an established residential subdivision, Keswick Forest.    As discussed above, the noise impacts from this operation would be heard from the surrounding properties, and at one location the noise reading exceeded the maximum allowable decibel level.  Both the volume and the length of time the noise that would be heard each day would likely have an undesirable affect on adjacent properties.  

 

Reports from visits to similar mulching operations in the Zions Crossroads area, Williamsburg, and the Ivy Landfill revealed that there are also issues concerning dust and odor.  Although the dust can be reduced by keeping the mulch piles damp, wet piles are the most likely to catch on fire, according to the Landfill Manager.  Other methods to reduce the dust problem are to plant vegetative cover to slow wind velocity at the surface and to plant wind screens/breaks according to a letter included in the Certified Engineer’s Report from Apex Companies (Attachment F).  Also, the odor of mulch can be offensive to some people.  According to the Apex Companies, “malodorous conditions..can occur for numerous reasons, but typically result from anaerobic conditions (low or no oxygen) within mulch piles or from anoxic standing water or holding ponds.”  Apex has offered monitoring and corrective actions for both dust and odor.  These suggestions have been included in the proposed conditions, should the application be approved. Copies of photographs taken at the subject site are included as Attachment L.  The other mulching operations are included as Attachment M.  Two of the mulching operations were integrated into existing landfills (Ivy and Williamsburg).  The Williamsburg facility also contains an airport. 

 

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

While the mulching operation would not be visible from nearby public roadways, it would be visible from neighboring properties during some or all times of the year.  The residential and agricultural character of this area will be impacted by a heavy industrial operation that includes traffic from heavy trucks and from customer vehicles.  The noise generated by the these vehicles and the noise generated from the equipment running the wood mulching operation would not be in harmony with the existing residential and agricultural character of  this area.

 

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

Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural Areas zoning: “This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the following purposes:

-Preservation of agricultural and forestal lands and activities;

-Water supply protection;

-Limited service delivery to the rural areas; and

-Conservation of natural, scenic, and historic resources. (Amended 11-8-89)”

 

Although the wood mulching operation has been determined to be consistent with the sawmill/woodyard category in the zoning ordinance, these uses are allowed only by special use permit, signifying that these types of uses may not be appropriate in all Rural Areas or under all circumstances.

 

with uses permitted by right in the district,

Although allowed by special use permit in the RA district, the only other zoning district this use would be permitted in is the Heavy Industrial (HI) District.  Heavy Industrial Districts were created to “permit industries and commercial uses which have public nuisance potential and will therefore be subject to intensive review for locational impact on surrounding land uses and environment.”  The HI district allows this category of use as a by-right use.

 

The uses allowed by right in the Rural Areas zoning district are uses that support preservation of land for agricultural and forestal purposes, provide services that promote our cultural and historic heritage, and require a limited number of services to serve rural area communities.   The areas surrounding the wood mulching operation consist of both residential and agricultural by-right uses. 

 

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

The applicable portions of Section 5 and Section 4 have been copied below, with an underlined staff comment following each section. 

 

5.1.15 SAWMILL, TEMPORARY OR PERMANENT

Each temporary or permanent sawmill shall be subject to the following:

a. No structure and no storage of lumber, logs, chips or timber shall be located closer than one hundred (100) feet to any lot line. Trees and vegetation within the one hundred (100) foot setback shall be maintained as a buffer to adjoining properties and uses, provided that during the last three months of operation such trees may be removed;

b. No saw, planer, chipper, conveyor, chute or other like machinery shall be located closer than six hundred (600) feet to any dwelling on other property in the area;

c. No sawing, planing, chipping or operation of other processing machinery shall occur between 7.00 p.m. and 7:00 a.m. No loading/unloading of wood/wood products shall occur between 12:00 midnight and 7:00 a.m.;

d. All timbering and milling operations, including reforestation/restoration and disposal of snags, sawdust and other debris, shall be conducted in accordance with Title 10.1 of the Virginia Code and the regulations of the Virginia Department of Forestry;

e. All such operations shall be subject to the noise limitation requirements of section 4.18.

The proposed hours of operation and setbacks would be consistent with the requirements of this ordinance.  A noise test in June 2008 determined that noise in one location would exceed the permitted limit (discussed below). 

 

4.18 NOISE

The board of supervisors hereby finds and declares that noise is a serious hazard to the public health, safety, welfare, and quality of life, and that the inhabitants of the county and adjoining localities have a right to and should be free from an environment of noise. Therefore, it is the policy of the county to regulate noise as provided in this section 4.18.

 

4.18.01 APPLICABILITY

This section 4.18 shall apply to sound generated from any land use within Albemarle County, regardless of whether the property in the receiving zone is within or without Albemarle County. This chapter is in addition to any sound or noise regulations set forth in any other chapter of the Albemarle County Code.

 

4.18.04 MAXIMUM SOUND LEVELS

Except as provided in section 4.18.05, it shall be unlawful for any person to operate or cause to be operated, any source such that the sound originating from that source causes a sound level that exceeds the sound levels in the receiving zone, measured pursuant to section 4.18.03, as set forth below:

Receiving Zone Time Period Noise Level (dBA)

Rural Areas and Residential Daytime 60; Nighttime 55

Industrial Daytime 70; Nighttime 70

The results of the noise test conducted in June 2008 revealed that the daytime noise of the grinder exceeded maximum levels (60dBA) at one location adjacent to the TMP 94-21K property line.  The readings for the (mulch) grinding test are as follows:

 

First reading was the ambient noise level taken from the tent area.  An average of 46dbs was recorded.

 

Second reading was with grinder running, taken from same location.  Decibels ranged from 65 to 78;  65dbs was just machine running, 78dbs was machine actually grinding.

 

Third reading was with grinder operating as intended, taken from nearest property line.  Decibels ranged from 55 to 58.

 

Fourth reading was with grinder operating as intended, taken from a second location on the nearest property line (Terra Concepts flag #6).  Decibels ranged from 67 to 79.

 

4.18.05 EXEMPT SOUNDS

The following sounds shall not be subject to this section 4.18:

L. Warning devices. Sounds generated by a horn or warning device of a vehicle when used as a warning device, including back-up alarms for trucks and other equipment.

Concerns have been raised regarding the back-up warning devices on the trucks.  Although these noises are exempt from the noise regulations, they would contribute to the sounds that would be out of character in this rural neighborhood.

 

4.18.07 MODIFICATION OR WAIVER

Although the noise test revealed that the noise produced would exceed the maximum allowed by the ordinance, a waiver from these regulations has not been sought by the applicant.  The applicant has advised that they would make adjustments, if necessary, after the mulching business is in operation. 

 

and with the public health, safety and general welfare.

·          Although the Rt. 250 / Rt. 794 intersection and the entrance to this proposal would be improved to VDOT standards, the truck traffic accessing the site is not customary for this area.  Should truck traffic use Rt.  794, a narrow gravel road, safety is a concern.

·          The ability to obtain an adequate supply of potable water for this us is a question. There is also a question as to whether some of the adjacent property’s water supply may be affected by this use. 

All run-off from the impermeable area, including the mulch piles, should be captured and treated by the stormwater retention ponds.  The Department of Environmental Quality (DEQ) has reviewed this application and has advised the applicant that permits may be required, upon further review.  A copy of the DEQ letter is attached as reference (Attachment N). 

·          The comment from the Virginia Department of Health advises that, “The only item the health department would be concerned with is the sewage facility for the bathrooms.  The other issues you referred to such as composting piles, water runoff, dust  and groundwater usage would not come under any health department regulations.”  

·          As mentioned earlier in this report, mulch piles have caught on fire at the Ivy landfill, as well as in other locations.  The Fire Department has commented that the Statewide Fire Prevention Code provides regulations pertaining to these types of operations:  “Section 1908.6 Static pile protection - Static piles shall be monitored by an approved means to measure temperatures within the static piles. Internal pile temperatures shall be monitored and recorded weekly. Records shall be kept on file at the facility and made available for inspection. An operational plan indicating procedures and schedules for the inspection, monitoring and restricting of excessive internal temperatures in static piles shall be submitted to the fire code official for review and approval.”  In addition, the Code contains other requirements, including requirements for access, security, fire protection systems, separation, pile size limits, emergency plans, housekeeping, and dust management.

 

 

SUMMARY:

Staff has identified the following factor favorable to this application:

1.      The wood recycling would provide a service to reuse waste from  land clearing, construction, and pallets.

 

Staff has identified the following factors unfavorable to this application:

1.      The operation would cause noise and traffic that is uncharacteristic to this Rural Area.

2.      The operation could exceed the maximum allowed noise standards in the Zoning Ordinance.

3.      The noise, both volume and duration, could disturb the neighbors.

4.      The mulching operation would be of greater benefit to development occurring in both Albemarle’s Development Areas and in Fluvanna County.

5.      The information requested by staff pertaining to groundwater, parking and traffic generated from this operation has not been fully provided; therefore, the review is incomplete.

                 

RECOMMENDED ACTION: 

Based on the findings contained in this staff report, staff recommends denial of SP200800032 Central Virginia Recycling. 

 

However, if the Planning Commission or Board of Supervisors determines that the application should be approved, the following conditions are offered for consideration:

 

1.              Development of the Special Use Permit SP200800032 Central Virginia Recycling use shall be in general accord with the “Central Virginia Recycling Center Concept Plan”, last revised November 17, 2008, as determined by the Director of Planning and the Zoning Administrator.  To be in conformity with the plan, development shall reflect the general size, arrangement, and location of the mulching operation, access, driveway, proposed buildings, parking, and limits of clearing. Minor modification to the plan which does not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance.  

2.              Dust emitted from the operation and traffic associated with the operation shall be controlled at all times.  Procedures to control dust from intruding on any abutting property shall include at a minimum and as necessary, sprinkling with water the ground surface, wood and soil material stockpiles, and access road; sprinkling with water the trucks prior to their leaving the property, stabilize soil by planting and maintaining a vegetative ground cover or other landscape material approved by the Planning Director in all areas not expected to handle vehicular traffic or paved or gravel areas dedicated to the operation of the mulching operation. 

3.              A minimum 20’ wide landscape screening buffer of evergreen trees and other suitable evergreen landscape materials starting on the west property line at Route 250, extending around the entire special use permit boundary and on the east side of the access road, excluding the entry, as necessary, in order to achieve adequate sight distance.    Existing evergreen trees and shrubs shall be supplemented as necessary to achieve and maintain a visual barrier between the entry, the access road, and the wood mulching facility “dedicated to the special use permit”, as shown on the Concept Plan identified in Condition 1.  This landscape buffer shall be at a height and density that would prevent visibility of the entry, the access road, and the building, equipment, vehicles, product piles (mulch and materials waiting to be processed) from the adjacent property on the west side of TMP 94-21N. The buffer shall be subject to the approval of the Planning Director or designee.

4.              The use allowed by SP199300007 shall not be permitted on the property while the use permitted by SP200800032 is operated on the property.

5.      All fixtures emitting 3000 lumens or more for outdoor lighting shall be full cut-off luminaire as defined in Zoning Ordinance Section 4.17.3. and arranged or shielded to reflect light away from all abutting properties.  A lighting plan limiting light levels at all property lines to no greater than 0.3 foot candles shall be submitted to the Zoning Administrator or their designee for approval.

6.            The hours and days of operation shall be limited to no more than the following: Monday through Friday between 7:00 AM and 5:00 PM and Saturdays between 7:00 am and 1:00 PM. 

7.            No grinding or processing shall be allowed on Saturday or Sunday. 

8.            There shall be a maximum of ten employees on the site at any time.

9.            Storage and repair of equipment and trucks not used onsite for the delivery and / or process of wood mulching shall be prohibited.

10.        A tree protection plan shall be required to be submitted with the site plan.

11.    No tree removal, grading, or disturbance shall take place within the driplines of the trees shown outside the limits of clearing area, as shown on the concept plan described in condition number one. The applicant shall have the dripline of the trees surveyed and shall mark the dripline in the field with a minimum five (5) feet high, three-board fence. The fence shall be maintained for the duration of SP200800032.  Any grading or disturbance within ten (10) feet of any dripline shall necessitate submittal of a "Tree Protection Plan" in accord with section 32.7.9.4 of the Zoning Ordinance. No grading or disturbance within ten (10) feet of any dripline shall be permitted until a) the survey and fencing have been completed and b) the Planning Director approves a plan which show the grading or disturbance and the surveyed dripline of the existing trees.

 

 

ATTACHMENTS

Attachment A--    Location and Easement/Resource Map

Attachment B --   Central Virginia Recycling Center (November 17, 2008) (3 plans stapled together) (on file in Clerk's office)

1.       Existing Conditions Plan

2.      Concept Plan

3.      Audio Testing Plan

Attachment C --    Central Virginia Recycling Center Overall Sketch Plan

Attachment D --   Central Virginia Recycling Center Illustrative Plan

Attachment E --    Request and Justification for a Special Use Permit

Attachment F --    Certified Engineers Report (on file in Clerk's office)

Attachment G--    Central Virginia Recycling Center Tier 3 Groundwater Assessment Plan

Attachment H--    Trip Generation Assessment

Attachment I--      Central Virginia Recycling Center prepared by Ramsey Kemp & Associates

Attachment J --    SP 93-07 1781 Productions, Board of Supervisors Approval letter, dated May 17, 1993

Attachment K –    Official Zoning Determination, dated September 15, 2008

Attachment L –    Photographs – Proposed Site

Attachment M--  Photographs – Wood Mulching Sites at Waltrip Williamsburg); Agri Mulch & Recycling (Lousia County); Rivanna Solid Waste Authority (Albemarle County)

Attachment N –   Department of Environmental Quality correspondence    from Jonathan Pascarella, Environmental Program Planner, dated September 30, 2008

Attachment O –    Citizen Correspondence (on file in Clerk's office)

 

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