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HomeMy WebLinkAboutSDP201700009 Correspondence 2017-03-31 GREGORY S. DUNCAN Attorney at Law 412 East Jefferson Street telephone(434)979-8556 Charlottesville,Virginia 22902 March 31,2017 Mark Graham Director of Comrriunity'Development - County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Re: Proposed Gas Station at Boyd Tavern SDP2017-9 Dear Mr. Graham: • Rick Randolph suggested I contact you. I live in the small subdivision across the road from the proposed gas station on State Route 616 (Black Cat Road). I respectfully request a public hearing on this matter and also request that members of the Board Of Supervisors, the Planning Commission and the Architectural Review Board be invited. I oppose the ill-conceived notion that our residential and agricultural neighborhood is an appropriate place for a modern gas station. It is not. A gas station would change the character of our neighborhood. To put the neighborhood in perspective, immediately to the west of the proposed site and adjacent to it is farm. Directly across State Route 6.16 to the east .are residences. Directly to the south is a small wooded parcel (approx. 10 acres) and then more residences. To the north is Interstate 64 -Keswick Country Club, the Poorhouse Farm and more residences. The Old Boyd Tavern (qualified to be a historical landmark), frequented by such characters as Daniel Boone, Thomas Jefferson and the Marquis de Lafayette sits a short distance across Route 250 to the South. Limestone Farm, located a short distance to the southwest of the proposed site is, I believe, on the National Register of Historic Places 1 It is well-known that our neighborhood has a water shortage problem. At least one of my neighbors had severe water problems in which her well effectively went dry. Mine has almost done so on several occasions. The presence of a commercial gas station would be intolerable. Our water supply cannot withstand'the proposed commercial drain. At the,site review hearing, the applicants representative seemed to concede that the applicant would be washing down the areas adjacent to the gas pumps and that those pollutants would be washed into the ground, potentially getting into the water table. If that is accurate, it is a serious concern. It appears to remain uncertain how much C-1 property is on the proposed site. Further, Black Cat Road (State Route 616) is very heavily travelled, dangerous currently and congested in the morning and evenings. It is not unusual for me to have to wait several minutes just to get out of my driveway onto State Route 616 in the mornings. In fact,,because of the traffic problems,this is the norm. Automobile accidents are common on this stretch of road (between Rt. 250 and Interstate 64). If you have the chance,please drive by and see for yourself. We simply cannot withstand any more congestion or traffic. It is not unusual to see cars stacked from Rt. 250 to and actually on the off ramp of 64 in the evenings. The traffic^signal'at 250 makes this unavoidable. You may recall that Dominion Power proposed to relocate on this site in 2006, but withdrew its application soon after it completed a traffic study in which it learned the traffic,situation on this stretch of road.. The proposed entrance site to this gas station is located on a curve and given the traffic volume and limited sight distance, the proposal will create an imminent risk of harm to,citizens. As I understand the applicant's proposal, it intends to operate late into the night, if not 24 hours a day. Thus, it will have offending lights on after dark. While I'm sure the applicant will want to minimize its light emission, for those of my neighbors that reside just across Black Cat Road from the proposed site, .and directly behind it to the west, any light is too much light. Imagine those lights shining in your bedroom as you try to sleep. The viewshed they have enjoyed of the night skyline for decades will be forever gone. Further still, the proposal is inconsistent with the County's Comprehensive Plan. Historically, the County's land use plan for interstate interchange development has made it clear that "other exchanges [including] Route 616 (Black Cat Road) are not recommended for development except as provided generally in the Plan and as permitted under Rural Areas zoning provisions." Section 1.6 of the Albemarle County Code provides in pertinent part that "development is not to be encouraged in the Rural Areas which are to be devoted to preservation of agricultural and forestal lands and activities, water supply protection, conservation of natural, scenic and historical resources and where only limited delivery of public services is intended." Id. Similarly, the Comprehensive Plain adopted June 10, 2015 made it clear that an objective of the Plan was to have"a clear distinction between the Developed Areas and the Rural Areas" and that this is "important in order to maintain a necessary environment for agriculture, as well as for tourism." This Plan continued to note differences in the County's interstate exchanges. It acknowledges that"[t]he Black Cat interchange has narrow winding roads in one direction and a connection to Route 250 East in the other direction." It concludes by proclaiming that"Interstate interchanges in the Rural Areas should not be used as tourist destinations or as tourist `stops' along Interstate 64."- But that is exactly what the applicant desires to create with this project. In determining what is appropriate at an interchange, the Comprehensive Plan provides that uses allowed by right.in the Rural Area.are appropriate. In addition, uses allowed by special use permit that provide "for agricultural goods to be transported to markets outside the County" may be appropriate. The proposed gas station, however, is not appropriate in our Rural Area district and such use is inconsistent with the Comprehensive Plan. The project cannot proceed consistent with the County's Comprehensive Plan. If the current proposal is to proceed, the County must discuss whether a change in the Comprehensive Plan is•warranted. All stakeholders should be invited to participate. The ARB had a unique experience with this entrance corridor site. In 2006, Virginia Oil Company (or someone on its behalf) clear cut a significant portion of the trees adjoining Interstate 64, presumably so that the then proposed gas station could be seen from Interstate 64. Upon learning this, the ARB appointed Chuck Lebo (then an ARB member) to address the Planning Commission and object to the then applicant's actions. Thus, the ARB should be invited to join the discussion. I note that those trees have not been replaced eleven (11) years later. As noted, this is not the first gas station proposed for our rural area. You may recall that in 2006 Virginia Oil Company proposed a similar use. That proposal was unanimously rejected by the Planning Commission. The Board of Supervisors was likewise against it and the applicant withdrew its application. As former Board member Lindsay Dorrier stated simply and succinctly, "this is not a good location for a 12 pump gas station." This is a multi-district issue, affecting citizens in both the Scottsville and Rivanna Districts. Thus,both Mssrs. Dill and Randolphare.copied on this letter. Thank you very much for your time and consideration. Very Truly Yours, Gregory S. Duncan GSD/pd cc: Rick Randolph Norman Dill Virginia Oil Company Tiger Fuel Company