HomeMy WebLinkAboutSE202000018 Action Letter 2021-08-14COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
August 14, 2020
Valerie Long
Williams Mullen
321 East Main Street, Suite 400
Charlottesville, VA 22902
vlong(a)williamsmullen.com
RE: R.A. Yancey Lumber Corp
Dear Ms. Long,
Fax (434) 972-4126
On July 15, 2020 the Board of Supervisors took action on your Special Exception application on Tax Map Parcel
Number 055000000111 B00 and Tax Map Parcel Number 05500000011200 in the Whitehall District. The Special
Exception request was approved in part and denied in part by the Board's adoption of the attached resolution and
conditions.
Please be advised that although the Albemarle County Board of Supervisors took action on the project
noted above, no uses on the property as approved above may lawfully begin until all applicable approvals
have been received and conditions have been met. This includes:
• compliance with conditions of the SPECIAL EXCEPTION;
• approval of a ZONING COMPLIANCE CLEARANCE;
• approval of BUILDING PERMITS AND ISSUANCE OF CERTIFICATES OF OCCUPANCY.
Before beginning uses as allowed by this special exception or if you have questions regarding the above -noted
action, please contact Rebecca Ragsdale at 434-296-5832 x3226 or email rraasdale()albemarle.ong.
Sincerely,
William D. Fritz, AICP
Development Process Manager/Ombudsman
Cc. R.A. Yancey Lumber Corporation
6317 Rockfish Gap Turnpike
Crozet VA 22932
RESOLUTION TO APPROVE CERTAIN SPECIAL EXCEPTIONS FOR
R. A. YANCEY LUMBER CORPORATION: SPECIAL EXCEPTION REQUEST
BE IT RESOLVED that, upon consideration of the Memorandum prepared in conjunction with the
special exceptions application of the R. A. Yancey Lumber Corporation and the attachments Ihereto,
including staffs supporting analysis, the recommendations of the Planning Commission at its June 23, 2020
meeting, and all of the factors relevant to special exceptions in Albemarle County Code §§ 18-4.18, 18-4.20,
18-5.1(a), 18-5.1.15, 18-33.43, and 18-33.49, the Albemarle County Board of Supervisors hereby approves
the following special exceptions, all subject to the conditions attached hereto, for and on County Parcel ID
Numbers 05500-00-00-111B0 and 05500-00-00-11200:
1. A special exception from the provisions of Comity Code § 18-4.20b to reduce the 100-foot setback
for the Mill Building (building 7b) and Pole Shed (building 8).
2. A special exception from the provisions of County Code § 18-4.20b to reduce the 10-foot setback for
the Stem Loader.
3. A special exception from the provisions of County Code § 18-4.20b to reduce the 30-foot setback for
parking adjacent to Rural Areas property.
5. A special exception from the provisions of County Code § 18-5.1.15a to reduce setback for the
storage of lumber, logs, chips or timber to zero (0) feet,
8. A special exception from the provisions of County Code § 18-5.1.15b to allow the location of the
Pole Shed (building 8) approximately 540 feet from the dwelling located to the north on Tax Map 55, Parcel
11 ]A,
9. A special exception from the provisions of County Code § 18-5.1.15b to allow the location of the
Silo (building 10) approximately 570 feet from the dwelling located to the north on Tax Map 55, Parcel
ILIA.
10. A special exception from the provisions of County Code § 18-5.1.15b to allow the location of the
Boiler (building 11) approxitately 570 feet from the dwelling located to the north on Tax Map 55, Parcel
IIIA.
11. A special exception from the provisions of County Code § 18-5.1.15b to allow the location of the
Kiln (building 12A) approximately 515 feet from the dwelling located to the north oil Tax Map 55, Parcel
111A.
12. A special exception from the provisions of County Code § 18-5.1.15b to allow the location of the
Planer (buildings 18, 22 and 23) approximately 550 feet from the dwelling located to the north on Tax Map
55, Parcel I I IA,
13. A special exception from the provisions of County Code § 18-5.1.15b to allow the location of the
Mill Building (building 7a and 7b) approximately 520 feet from the dwelling located to the south on Tax
Map 55, Parcel 100.
14, A special exception from the provisions of County Code § 18-5.1.15b to allow the location of the
Stem Loader (adjacent to Rockfish Gap Turnpike) approximately 500 feet from the dwelling located to the
west on Tax Map 55A, Parcel 28.
15. A special exception from the provisions of County Code § 18-5.1.15c to permit the warming up of
equipment and preparing the equipment area to process wood between 6:00 am and 7:00 am.
16. A special exception from the provisions of County Code § 18-5.1.15c that the loading or unloading
of wood products be permitted from 6:00 am to l 1:00 pm.
17. A requested special exception from the provisions of County Code § 18-5.1.15c that the loading and
unloading associated with the kiln be permitted 24 hours a day.
BE IT FURTHER RESOLVED that, also upon consideration of all the foregoing factors, the Board of
Supervisors hereby defers acting on the following special exception requests until August 5, 2020:
4. A requested special exception from the provisions of County Code § 18-4.20b to reduce the 100-foot
setback for the proposed Sorter/Stacker (building 27) to 35 feet.
6. A requested special exception from the provisions of County Code § 18-5. I.15a to reduce the I00-
foot setback for the proposed Sorter/Stacker (building 27) to 35 feet.
7. A requested special exception from the provisions of County Code § 18-5.1.15b to allow the location
of the proposed Sorter/Stacker (building 27) approximately 350 feet from the dwelling located to the north
on Tax Map 55, Parcel l 1 IA.
BE IT FURTHER RESOLVED that upon the applicant's withdrawal of the following special exception
requests, no action was taken on them:
18. A requested special exception from the provisions of County Code § 18.4,18.04 to increase daytime
noise limits.
19. A requested special exception from the provisions of County Code § 18-4.18,04 to increase
nighttime noise levels limits.
1, Claudette K. Borgeisen, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero,
as recorded below, at a regular meeting held on July 15, 2020.
Clerk, Board of County Sup visors
Aye Nay
Mr. Gallaway
Y
Ms. LaPisto-Kirtley
Y
Ms. Mallek
Y _
Ms. McKeel
Y
Ms. Palmer
Y _
Ms. Price
Y ___
R. A, Yancey Lumber Corporation: Special Exception Request Conditions
I. Structures and Machinery will be permitted as shown on a survey titled "Alta/NSPS Land
Title Survey" prepared by Timmons Group and dated August 2, 2017, except for the Sorter/Stacker,
which shall not be permitted.
2. The owner must obtain a Certificate of Occupancy for all existing structures by February 1,
2021. For any structure that is not issued a Certificate of Occupancy by February 1, 2021 the
owner must cease use of the structure until such time as a Certificate of Occupancy is
obtained.
RESOLUTION TO APPROVE CERTAIN SPECIAL EXCEPTIONS FOR R. A. YANCEY LUMBER
CORPORATION: SPECIAL EXCEPTION REQUEST
WHEREAS, by Resolution dated July 15, 2020, the Albemarle County Board of Supervisors
approved certain special exceptions requested by the R. A. Yancey Lumber Corporation (listed therein as
Special Exceptions 1-3,5, and 8-17), and deferred certain other requests (listed therein as requests 4, 6,
and 7) for further consideration; and
WHEREAS, the Board now wishes to restate and reaffirm the special exceptions previously
approved, as well as to act on the requests previously deferred.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the Memorandum prepared
in conjunction with the special exceptions application of the R. A. Yancey Lumber Corporation and the
attachments thereto, including staff's supporting analysis, the recommendations of the Planning
Commission at its June 23, 2020 meeting, and all of the factors relevant to special exceptions in
Albemarle County Code §§ 18-4.18, 18-4.20, 18-5.1(a), 18-5.1.15, 18-33.43, and 18-33.49, the Albemarle
County Board of Supervisors hereby restates and reaffirms the following Special Exceptions 1-3, 5, and
8-17, and approves the following Special Exceptions 4,6, and 7, all subject to the conditions attached
hereto, for and on County Parcel ID Numbers 05500-00-00-111 BO and 05500-00-00-11200:
1. A special exception from the provisions of County Code § 18-4.20b to reduce the 100-foot
setback for the Mill Building (building 7b) and Pole Shed (building 8).
2. A special exception from the provisions of County Code § 18-4.20b to reduce the 10-foot
setback for the Stem Loader.
3. A special exception from the provisions of County Code § 18-4.201b to reduce the 30-foot
setback for parking adjacent to Rural Areas property.
4. A special exception from the provisions of County Code § 18-4.20b to reduce the 100-foot
setback for the proposed Sorter/Stacker (building 27) to 35 feet.
5. A special exception from the provisions of County Code § 18-5.1.15a to reduce setback for the
storage of lumber, logs, chips or timber to zero (0) feet.
6. A special exception from the provisions of County Code § 18-5.1.15a to reduce the 100-foot
setback for the proposed Sorter/Stacker (building 27) to 35 feet.
7. A special exception from the provisions of County Code § 18-5.1.15b to allow the location of
the proposed Sorter/Stacker (building 27) approximately 350 feet from the dwelling located to the north on
Tax Map 55. Parcel 111A.
8. A special exception from the provisions of County Code § 18-5.1.15b to allow the location of
the Pole Shed (building 8) approximately 540 feet from the dwelling located to the north on Tax Map 55,
Parcel 111A.
9. A special exception from the provisions of County Code § 18-5.1.15b to allow the location of
the Silo (building 10) approximately 570 feet from the dwelling located to the north on Tax Map 55, Parcel
111A.
10. A special exception from the provisions of County Code § 18-5.1.15b to allow the location of
the Boiler (building 11) approximately 570 feet from the dwelling located to the north on Tax Map 55,
Parcel 111 A.
11. A special exception from the provisions of County Code § 18-5.1.15b to allow the location of
the Kiln (building 12A) approximately 515 feet from the dwelling located to the north on Tax Map 55,
Parcel 111 A.
12. A special exception from the provisions of County Code § 18-5.1.15b to allow the location of
the Planer (buildings 18, 22 and 23) approximately 550 feet from the dwelling located to the north on Tax
Map 55, Parcel 111A.
13. A special exception from the provisions of County Code § 18-5.1.15b to allow the location of
the Mill Building (building 7a and 7b) approximately 520 feet from the dwelling located to the south on Tax
Map 55, Parcel 100.
14. A special exception from the provisions of County Code § 18-5.1.15b to allow the location of
the Stem Loader (adjacent to Rockfish Gap Turnpike) approximately 500 feet from the dwelling located to
the west on Tax Map 55A, Parcel 28.
15. A special exception from the provisions of County Code § 18-5.1.15c to permit the warming
up of equipment and preparing the equipment area to process wood between 6:00 am and 7:00 am.
16. A special exception from the provisions of County Code § 18-5.1.15c that the loading or
unloading of wood products be permitted from 6:00 am to 11:00 pm.
17. A requested special exception from the provisions of County Code § 18-5.1.15c that the
loading and unloading associated with the kiln be permitted 24 hours a day.
BE IT FURTHER RESOLVED that upon the applicant's withdrawal of the following special
exception requests, no action was taken on them:
18. A requested special exception from the provisions of County Code § 18-4.18.04 to increase
daytime noise limits.
19. A requested special exception from the provisions of County Code § 18-4.18.04 to increase
nighttime noise levels limits.
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to
zero, as recorded below, at a regular meeting held on August 19, 2020.
Clerk, Board of County Sup q isors
Aye Nay
Mr. Gallaway
Y
Ms.
LaPisto-Kirtley
Y
Ms.
Mallek
Y
Ms.
McKee)
Y _
Ms.
Palmer
Y
Ms.
Price
Y
R. A. Yancey Lumber Corporation: Special Exception Request Conditions
1. Structures and Machinery will be permitted as shown on a survey titled "Alta/NSPS Land Title Survey"
prepared by Timmons Group and dated August 2, 2017 attached hereto as Exhibit A, and the Sorter and
Stacker shall be permitted as shown on sheet 2 of the plans entitled "R.A. Yancey Lumber Corporation
Sorter / Stacker Equipment," prepared by FPW Architects, dated March 12, 2020, revised March 26,
2020, attached hereto as Exhibit B.
2. The owner must obtain a Certificate of Occupancy for all existing structures by February 1, 2021. For
any structure that is not issued a Certificate of Occupancy by February 1, 2021 the owner must cease use
of the structure until such time as a Certificate of Occupancy is obtained.
3. The owner shall construct a metal building around the Stacker equipment within 45 days following
issuance of a building permit for such building, which building permit has been submitted and is under
review by the Community Development Department and is identified as BP 2018-2196NC. The building
shall include the installation of sound attenuation materials on the interior wall or walls as needed for the
Stacker to comply with Section 4.18.04 of the County Zoning Ordinance.
4. Upon completion of the requirements in condition 3 herein, the owner shall have a sound test of the
Stacker equipment conducted by a qualified professional to demonstrate that the Stacker equipment
complies with Section 4.18.04 of the County Zoning Ordinance. The owner shall not resume construction
of the Sorter equipment until the Agent has confirmed the results of the sound test. If the Agent has not
issued a written response within seven calendar days of receipt of the sound test, it shall be deemed
confirmed and approved, and the owner may resume construction of the Sorter equipment.
5. Prior to the earlier of (a) 150 days following the Board of Supervisors' approval of the special
exceptions applicable to the Sorter and Stacker equipment, or (b) the issuance of a Certificate of
Occupancy for the Sorter equipment building, the owner shall construct a wooden fence at least 10 feet
tall and approximately 250-270 feet long along Yancey Mill Lane in the approximate area shown in red on
Exhibit D, attached hereto. The fence location may be modified to minimize impact to existing vegetation
or interference with utilities. The smooth or finished side of the fence shall face Yancey Mill Lane. The
owner shall be responsible for maintaining the fence.
6. The owner shall construct a wooden fence at least 10 feet in height along the length of the southern
property line of tax map parcel 55-111A adjacent to the Sorter and Stacker equipment, except for a 30-
foot span between the southwest corner of such property line to a point 30-feet to the east of such corner,
which 30-foot span may remain unfenced. The fence will be approximately 457 feet in length. The owner
shall also construct a wooden fence at least 10 feet in height along the length of the western property line
of tax map parcel 55-111A, beginning at the southwest corner of such property line to a point
approximately 189 feet to the north. The smooth or finished side of the fences shall face the adjacent
property. The owner shall be responsible for maintaining the fences. The fence along the southern
property line shall be completed within 90 days following the Board of Supervisors' approval of the special
exceptions applicable to the Sorter and Stacker equipment, and the fence along the western property line
shall be completed within 120 days following the Board of Supervisors' approval of the special exceptions
applicable to the Sorter and Stacker equipment.
7. Following satisfaction of condition 4 herein, and following construction of the Sorter equipment, the
owner shall construct a metal building around the Sorter equipment. The building shall include the
installation of sound attenuation materials on the interior wall or walls as needed for the Sorter to comply
with Section 4.18.04 of the County Zoning Ordinance.
8. Upon completion of the requirements in condition 7 herein, the owner shall have a sound test of the
Sorter equipment conducted by a qualified professional to demonstrate that the Sorter equipment
complies with Section 4.18.04 of the County Zoning Ordinance to the satisfaction of the Agent.
9. If the Sorter and Stacker are contained in separate buildings, the owner shall construct a wall across
the span between the two buildings in general accord with the image shown on Exhibit C, attached
hereto.
10. Following the initial sound study required in Conditions 4 and 8, and within 60 days of a request by
the Zoning Administrator, the owner must submit a sound study prepared by a qualified professional
demonstrating that the property is in compliance with County noise regulations, including County Code §
18-4.18. The Zoning Administrator may request a sound study up to once every 365 days and may not
request a sound study after January 1, 2024.
Exhibit A: Timmons Group Survey — See Attachment C to the August 19, 2020 transmittal memorandum
to the Board of Supervisors, which is the Timmons Survey dated August 2, 2017, and is incorporated
herein by this reference.
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OF 35.548 ACRES
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FRONTING ROCKFISH GAP TURNPIKE
TAX MAP PARCELS 55-1118 AND 55-112
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N THE
WHITE HALL MAGISTERIAL DISTRICT,
ALBEMARLE COUNTY, MRGINIA
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Exhibit D: Exhibit Showing Approximate Location of Fence Yancey Mill Lane
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