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HomeMy WebLinkAboutARB201800112 References 2018-02-21 \✓ Margaret Maliszewski From: Margaret Maliszewski Sent: Wednesday, February 21, 2018 2:11 PM To: Bill Fritz Subject: RE: R.A.Yancey Lumber • A reduction in the required building setback to allow the installation of new equipment. The required setback from the property line is 100 feet. The applicant is proposing construction approximately 35 feet from the property line. The applicant has requested a comprehensive special exception for setback to a property line. (Reference Chapter 18, Section 4.20(b) of the Code of Albemarle) o Entrance Corridor design guidelines require the location of equipment, loading areas, service areas, storage areas and security fencing to eliminate visibility from the EC street.If a negative visual impact will remain after appropriate siting,screening is required to eliminate visibility.Locating large equipment 35' from the EC street is not likely to be considered appropriate siting. Appropriate screening would need to be installed in the 35' setback to meet the EC guidelines. • A reduction in the required front building setback to allow existing equipment to remain. The required setback from the property line is 10 feet. The applicant has placed equipment zero (0) from the property line. This equipment encroaches 5.86 feet into the right-of-way for Route 250. (Reference Chapter 18, Section 4.20(b) of the Code of Albemarle) o This allows no space for screening; consequently, it would not meet the EC guidelines. • A reduction in the required parking setback for existing parking from 30 feet to zero (0) feet. (Reference Chapter 18, Section 4.20(b)of the Code of Albemarle) o This would not meet the EC guidelines for landscaping of parking areas. • A reduction in the required separation of new equipment from the property line.The required setback from the property line is 100 feet. The applicant is proposing construction of new equipment approximately 35 feet from the property line. The applicant has requested a comprehensive special exception for setback to any lot line. (Reference Chapter 18, Section 5.1.15(a)of the Code of Albemarle) • A reduction in the required separation of existing equipment from the property line. The required setback from the property line is 100 feet. The applicant has placed equipment zero(0)from the property line.This equipment encroaches 5.86 feet into the right-of-way for Route 250.The applicant has requested a comprehensive special exception for setback to any lot line. (Reference Chapter 18, Section 5.1.15(a)of the Code of Albemarle) o Entrance Corridor design guidelines require the location of equipment, loading areas, service areas, storage areas and security fencing to eliminate visibility from the EC street.If a negative visual impact will remain after appropriate siting,screening is required to eliminate visibility.Locating large equipment 35' from the EC street is not likely to be considered appropriate siting. Appropriate screening would need to be installed in the 35' setback to meet the EC guidelines. • A reduction in the required separation of new equipment from a dwelling. The required setback from the dwelling is 600 feet. The applicant is proposing construction of new equipment approximately 35 feet from the property line. The applicant has requested a comprehensive special exception for setback to a dwelling. (Reference Chapter 18, Section 5.1.15(b)of the Code of Albemarle) • A reduction in the required separation of existing equipment from a dwelling. The required setback from the dwelling is 600 feet. The applicant has requested a comprehensive special exception for setback to a dwelling. (Reference Chapter 18, Section 5.1.15(b)of the Code of Albemarle) o The setback from a dwelling is not an EC issue. 1 From: Bill Fritz Sent:Wednesday, February 21, 2018 11:55 AM To: Moore,Adam PE (VDOT) <Adam.Moore@vdot.virginia.gov>;Johnathan Newberry<jnewberry@albemarle.org>; Margaret Maliszewski<MMaliszewski@albemarle.org>; Francis MacCall<FMACCALL@albemarle.org> Subject: R.A.Yancey Lumber Attached please find a memo explaining the applicants request and supporting information. I would appreciate any comments you may have. Please call me if you have any questions. William D. Fritz,AICP 434-296-5823 extension 3242 2 Margaret Maliszewski From: Bill Fritz Sent: Wednesday, February 21, 2018 11:55 AM To: Moore, Adam PE (VDOT);Johnathan Newberry; Margaret Maliszewski; Francis MacCall Subject: R.A.Yancey Lumber Attachments: Memorandum.doc; Special Exception Request.pdf; Survey_Exhibit.pdf;Yancey Lumber setbacks exhibit.pdf; Staff marked survey.pdf Attached please find a memo explaining the applicants request and supporting information. I would appreciate any comments you may have. Please call me if you have any questions. William D. Fritz,AICP 434-296-5823 extension 3242 1 fir/ `r.r, of A I County of Albemarle Department of Community Development Memorandum To: Adam Moore(VDOT) Johnathan Newberry(Economic Development) Margaret Maliszewski(Architectural Review Board) Francis MacCall(Zoning) From: Bill Fritz,AICP Date: February 21,2018 Subject: R. A.Yancey Lumber Corporation Special Exception Requests The County has received a request for several special exceptions. I would appreciate receiving any comments you may have about the proposal. The R. A. Yancey Lumber Corporation operates a saw mill and lumber yard business on Route 250 near the I-64 interchange at Yancey Mills. This mill and lumber yard has been in operation since 1949. The current zoning ordinance was adopted in 1980. At that time the property was zoned HI,Heavy Industry. At the time of the adoption of the ordinance some of the buildings and yard operations did not comply with the regulations contained in the ordinance. Those features are considered non-conforming. After 1980 new equipment and structures were added. Staff cannot confirm that permits were issued for the equipment and structures and we continue to investigate what features may have been added/modified after 1980. One piece of equipment that strips bark from logs was installed around 1997. This piece of equipment encroaches into the right of way for Route 250 and does not meet minimum setbacks. No permit has been found for this piece of equipment. The applicant is proposing the construction of new equipment that will not meet setbacks. I have attached the applicant's information along with a plan I have marked to show what was constructed in 1997 (approximately)and the proposed construction. The requests consists of the following: - A reduction in the required building setback to allow the installation of new equipment. The required setback from the property line is 100 feet. The applicant is proposing construction approximately 35 feet from the property line. The applicant has requested a comprehensive special exception for setback to a property line. (Reference Chapter 18, Section 4.20(b)of the Code of Albemarle) - A reduction in the required.front building setback to allow existing equipment to remain. The required setback from the property line is 10 feet. 'T1 applicant has placed equipment zero(0)from the property line. This equipment encroaches 5.86 feet into the right-of-way for Route 250. (Reference Chapter 18, Section 4.20(b)of the Code of Albemarle) - A reduction in the required parking setback for existing parking from 30 feet to zero(0) feet. (Reference Chapter 18, Section 4.20(b)of the Code-o'f Albemarle) - A reduction in the required^separation of new cgilipment from the property line. The required setback from the property line is 100 feet. The applicant is proposing construction of new equipment approximately 35 feet from the property line. The applicant has requested a comprehensive special exception for setback to any lot line. (Reference Chapter 18, Section 5.1.15(a)of the Code of Albemarle) - A reduction in the required saration of existing equipment from the property line. The required setback from the property line is 100 feet. The apphcanfha's placed equipment zero(0)from the property line.This equipment encroaches 5.86 feet into the right-of-way for Route 250. The applicant has requested a comprehensive special exception for setback to any lot line.(Reference Chapter 18,Section 5.1.15(a)of the 41.111) Code of Albemarle) - A reduction in the required separation of new gq ipment from a dwe1jipg. The required setback from the dwelling is 600 feet. The applicant is proposing construction of new equipment approximately 35 feet from the property line. The applicant has requested a comprehensive special exception for setback to a dwelling. (Reference Chapter 18, Section 5.1.15(b)of the Code of Albemarle) - A reduction in the required separation of existing e9uipment from a dwelling.The required setback from the dwelling is 600 feet. The applicant has requested a comprehensive special exception for setback to a dwelling. (Reference Chapter 18, Section 5.1.15(b)of the Code of Albemarle) Again, I would appreciate any comments you may have. If you have any questions please feel free to contact me. January 26, 2018 R. A. Yancey Lumber Corporation: Special Exception Request I. Introduction R. A. Yancey Lumber Corporation (the "Company") is the owner of two parcels of land identified as tax map parcels 55-112 and 55-111B (the "Property"). Members of the Yancey family have operated a saw mill and lumber yard business on the Property continuously since 1949(the"Mill"). The Mill employs approximately 70 workers. The Property contains 35.74 acres and is zoned Heavy Industry. \4 \ j9*c ' vt4 :_.;.,'\ -., - b onto ... s .i � --��""�� ; - _ fif A r- � ''�' f 33-111A ' 33-191 l + w4 sT dt\\ "P` S {. .0 s5i ri. w_ . y !fir',`� ` • — c t. 825 \ .E$ f ` ([ (i-412A c t#M - 3 til 1, j—... - it Figure 1 The Mill has expanded over time with the growth of its customer base. It periodically invests in the business with the addition or replacement of large pieces of equipment with more modern, safe and efficient equipment to remain competitive within its industry, to better serve its customers, and to implement safer and more productive manufacturing practices. Over the years, changes to the County's zoning regulations have imposed setback requirements that now affect most of the Property. The impact of these zoning regulations serves to hamstring just about any change to the Mill without relief. Compliance with all the currently applicable regulations without relief in the form of special exceptions will arguably leave the Company without room to operate on a sustainable basis— much less to operate safely. The Company was unaware of these regulations when it invested in a new major, multi-million- dollar piece of equipment in the summer of 2017 known as a "Sorter-Stacker." As part of the Mill's core operation, freshly cut lumber of various sizes (2x4s, 4x4s, 6x6s, 2x10s, among others) emerges from the Mill in a continuous stream at a relatively rapid pace. The sorter component of the new Sorter-Stacker equipment sorts lumber from the continuous stream into various sizes using bins based on size of the lumber. The stacker component then stacks, separates, and bands lumber of the same type for drying. The Mill is one of the last of its size that does not have a Sorter-Stacker, as the industry has become increasingly mechanized, making it nearly impossible for the Mill to remain competitive within its industry without it. I •. . 1 January 26, 2018 Management of the Mill became aware of setback requirements upon the completion of a current survey by Timmons Group in mid-December. Following the advice of counsel, Management has stopped assembly of the Sorter-Stacker and is hereby seeking, through the special exception application process, to abide by applicable rules and regulations, while also assuring the survival of the Mill, along with the jobs and tax revenue associated with its continued successful operation. On behalf of the Company, we request special exceptions to Sections 4.20(b) and 5.1.15 of the County Zoning Ordinance, as outlined in more detail below. We also believe it would be beneficial to discuss the application in more detail at a meeting with the County staff, and we will contact the staff the following days to schedule such a meeting. U. Special Exception Requests Special Exception #1: Section 4.20- SETBACKS AND STEPBACKS IN HEAVY INDUSTRY DISTRICTS Properties zoned Heavy Industry (HI) in the County are subject to the setback regulations provided in the 'General Regulations" section of the County Zoning Ordinance. The relevant language is listed below. Sec. 4.20(b) Setbacks and Stepbacks in Conventional Commercial and Industrial Districts Minimum Front Setback:: 10 feet from the right-of-way; Minimum Side and Rear Setback: In the HI district, if the abutting lot is zoned residential, rural areas, or the Monticello Historic district: (i) no portion of any structure, excluding signs, shall be located closer than 100 feet from the district boundary; and (ii) no portion of any off-street parking space shall be located closer than 30 feet from the district boundary. Figure 2 below depicts the zoning classifications of the Property and properties adjacent to it, �3yrs � • $ �� �"a? -- --' � � 111 Rare, eas �; �' � � +'age Pa derytia Twtok , ✓' H g ra rnme-c.a . + t y0 ts� * Pie7rec Oe.e apmer Shoperng Ctr. lYstta P+a',.-te De:etprre . fed Comm. 07* y Downtown Craze:O,stnct 1 $•16. Light LndusEr? '" rt x heavy Inthstry $$4* .'10.10 Figure 2 Section 4.20(b) requires a minimum setback of 10 feet for structures from U.S. Route 250 (Rockfish Gap Turnpike). In addition, because the Property is nearly surrounded by rural area ("RA") districts as shown in Figure 2 (except for the property zoned Highway Commercial as shown in red), Section 4.20(b) therefore also prohibits (i) any structure from being located closer NftolJanuary 26, 2018 than 100 feet from abutting properties and (ii) any off-street parking space from being located closer than 30 feet from the district boundaries. Because the Property is surrounded by properties with different zoning classifications, the district boundary is the same as the Property boundary lines where it is adjacent to RA land. In sum, the Property is subject to three setback restrictions pursuant to Section 4.20(b): (1) a 10-foot setback from U.S. Route 250 (Rockfish Gap Turnpike), (2) a 100-foot setback from abutting property zoned residential or RA, and. (3) a 30-foot setback for off-street parking spaces from the Property line. For purposes of the above regulations, the Zoning Ordinance defines a structure as that which has a permanent location on the ground, which would include certain equipment. Section 3.1 Structure: Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. This includes, among other things, dwellings, buildings, etc. For the purpose of the determination of setback, signs shall be excluded as a structure. There are several existing Mill structures that impede upon the above described setbacks, including the new Sorter-Stacker. An exhibit by Timmons Group depicting the current location of the partially-constructed Sorter-Stacker in relation to the Property boundaries is being prepared and will supplement this written narrative. The County GIS System does not accurately depict the Property's boundaries, which causes confusion, so an updated survey is necessary. In addition, some of the impediments would be considered legally nonconforming, as the Mill was established long before the adoption of Section 4.20(b) in 2015, or other setbacks that were in effect prior to 2015. However, we request a comprehensive special exception, which would provide relief from the three provisions of Section 4.20(b) outlined above regardless of the status of the nonconformity and not specific to any single impediment. Special Exception #2: Section 5.1.15 SUPPLEMENTAL REGULATIONS APPLICABLE TO SAWMILL, TEMPORARY OR PERMANENT, PLANING MILLS AND WOOD YARDS In addition to the "General Regulations" of Section 4.20(b) discussed above, the Property is also subject to Supplementary Regulations specific to Sawmills, Planing Mills, and Wood Yards contained in Section 5.1.15 of the County Zoning Ordinance. Sections 5.1.15(a) and (b) require 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. (b) No saw, planer, chipper, conveyor, chute or other similar machinery shall be located closer than six hundred(600) feet from any dwelling on any lot other than the lot on which the sawmill, planning mill or wood yard is located. Similar to Special Exception Request#1, there are several existing Mill structures that impede upon the sawmill-specific setbacks, including the proposed new Sorter-Stacker. The exhibit to be provided by Timmons Group will also depict the current non-conformities under these 3 (1000 4tai) January 26, 2018 Supplemental Regulations. Some of these impediments would also be considered legally nonconforming, as many of the Mill's components existed prior to the adoption of Section 5.1.15 in 1980. We hereby request a comprehensive special exception to Sections 5.1.15(a) and (b). The Zoning Ordinance provides that any requirement of Section 5 may be modified or waived by the special exception process. The specific criteria for when the Planning Commission may grant such modifications or waivers is as follows: "upon a finding that [enforcing] such requirement 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" The purposes of"Chapter 18-Zoning" of the County code is "to promote the public health, safety, convenience, and welfare..." The code continues, "...to these ends, this chapter is intended to ...(G) Encourage economic development activities that provide desirable employment and enlarge the tax base..." The Supplementary Regulations of Section 5.1.15 were adopted in 1980, when the Mill and most, if not all of the closest residences were already in existence, thereby causing the Mill, a business that had been in continuous operation for over 30 years, to become legally non- conforming. This imposition of legal nonconforming status by the amended Ordinance makes it very difficult for the Mill to expand and adapt to the market by installing modern and safer equipment and technology without further violating the setback regulations. The location of new equipment is heavily influenced by the fixed location of the original Mill Building, which was constructed in 1949. For example, due to the location of the original Mill building and the irregular shape of the Property, the Sorter-Stacker could only be installed in the proposed location. Neither that location, nor any other location on the Property, would enable the Sorter-Stacker to comply with the setback regulations outlined herein. Installation of modern equipment of this kind is consistent with industry standards and is required to assure that the Mill remains competitive and technologically current. In fact, few mills of this size lack this kind of equipment. The equipment the Mill currently uses for the same task was constructed in 1978. This old equipment needs to be replaced for the Mill to remain technologically current and competitive within the industry. The current sorting process is physically demanding work conducted outside, in all but the worst weather. The proposed sorter will be enclosed within a building when completed and will alleviate the need to manually stack heavy lumber and thus lessen the occurrence of workplace injuries. Enclosing the machinery is expected to reduce the overall noise level emanating from the Mill as well. Moreover, the Sorter-Stacker is a multi-million- dollar investment, generating large amounts of local tax revenue. Granting a special exception for Section 5.1.15 will help ensure the continued successful operation of the Mill, the continued (and increased) generation of local tax revenue, and increased safety at one of the County's largest industrial operations. By contrast, enforcement of the County's applicable setback requirements would likely impair the ability of the Mill to compete within its industry to such an extent that the business would eventually be unable to continue. Closure of the Mill, which has been a continuous, family-run operation for over 69 years, would be contrary to the Zoning Ordinance's stated purpose in subsection (G) to "encourage economic development activities that provide desirable employment and enlarge the tax base."Therefore, modification of these setback regulations by granting these special exceptions will satisfy the purposes of the Zoning Ordinance to a greater extent than strict enforcement. 4 January 26, 2018 In addition, the 600-foot setback requirement from nearby residences, per subsection (b) of Section 5.1.15, places control over the Mill's compliance with the County Zoning Ordinance in the hands of third parties and outside of the Company's control. For instance, the area surrounding the Mill had been comprised of many residences on small parcels close to the Miil for many years prior to the adoption of the Supplemental Regulations in 1980, making it impossible for the Mill to have ever complied with this large setback. In addition, many of the adjacent residential properties could easily construct new, additional dwellings closer to the Mill's property line, thereby expanding the required 600-foot buffer further onto the Property. The requirements of this regulation would then require the Mill to incur the exorbitant expense of rearranging the Mill based on these newly constructed residences to achieve compliance with the buffer—an unreasonable, impractical, and impossible requirement. For these reasons, and further given the irregular shape of the Property and the functional and operational needs of the Mill, we believe the regulations of Section 5.1.15(b) impose unreasonable restrictions and setbacks on the Mill. To avoid these unreasonable restrictions and ensure the continued successful and safe operation of the Mill, and in furtherance of the public health, safety, welfare and other purposes of the Zoning Ordinance, we contend that granting comprehensive special exceptions to Section 4.20(b) and Sections 5.1.15(a) and (b) is reasonable, necessary and appropriate under the circumstances. The Mill has already invested millions of dollars to keep pace with the industry and enhance the safety of its workers by beginning assembly of the Sorter-Stacker. Upon learning that the assembly of the Sorter-Stacker may violate the setback regulations, the Company's Management halted further work on the new equipment, and took steps to begin to bring the Mill into compliance and to request comprehensive Special Exceptions. The decision was made to halt further assembly on the Sorter-Stacker despite the substantial impacts to the Mill. Among other impacts, the contractor assembling the equipment will redeploy its employees to other projects, while the Company will continue to pay interest financing on the equipment loan without the benefit of the improved efficiencies that the Sorter-Stacker would provide. Despite these impacts, the Company recognizes and appreciates the importance of addressing these issues and working to come into compliance. We believe the special exception process will enable the Mill and the County to work together to ensure the best resolution for all interested parties. 35464177_7 5 cocn CD Y Co la cl 75 a. d Z 0 J "E J O N 11-: c8 o w $U oC i a O , • W 111. 1 + z CO o 41 4 f " `TMS_ j`,t if — AO 4 0. '':''''',:'!.:''.'''''',t,,,,, e- ��`��� A� „1 \ ` Q 1 1t f y w11 y, .may✓ " - �" y , , " d " e ' � 1Y 4.• 1 til: v _ ------\ \ U . ' Rte-. ,J .�-, --' bsa ,. '7: - *' \ ti i . .a {' ♦ w ` i s r ` tea. 4.20 b. Conventional industrial districts.The following shall apply within the LI and HI districts: Setbacks Front-Minimum 10 feet from the right-of-way or the exterior edge of the sidewalk lithe sidewalk is outside of the right-of-way; for off-street parking or loading spaces, 10 feet from any public street right-of-way Front-Maximum None Side and Rear- In the LI district,if the abutting lot is zoned residential,rural areas,or the Monticello Minimum Historic district:(i)no portion of any structure,excluding signs,shall be located closer than 50 feet from the district boundary;and(ii)no portion of any oil-street parking space shall be located closer than 30 feet from the district boundary. In the HI district,if the abutting lot is zoned residential,rural areas,or the Monticello Historic district:(i)no portion of any structure,excluding signs,shall be located closer than 100 feet from the district boundary;and(ii)no portion of any off-street parking space shall be located closer than 30 feet from the district boundary. If the abutting lot is zoned commercial or industrial,any primary structure shall be constructed and separated in accordance with the current edition of the Building Code. Side and Rear- None Maximum Stephacks Front For each story that begins above 40 feet in height or for each story above the third story, whichever is less,the minimum stepback shall he 15 feet Side and Rear None I.Any maximum front setback may he increased by special exception. 2.Any minimum setback may be reduced by special exception. 3.The minimum 15 lea stepback may be reduced by special exception. 4.Notwithstanding section 4.6.3,the front setbacks in the districts subject to this subsection shall be measured from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way. 5.On any site subject to proffered conditions accepted in conjunction with a zoning map amendment establishing minimum or maximum setbacks or stepbacks,the proffered setbacks or stepbacks shall apply. 1_ - 1 I I i. a I 1 \ it . iri---- 41104i tN r r r ID / ,, it /1 . ..., ...„a M i } i `-", \ r 1 ! l 11 1r ..‘ ,. N., ,,,,,,.. .. ..„ .,....„. . ..,... „, .. ., . iii .„.. 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