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HomeMy WebLinkAboutSP200800032 Legacy Document 2008-09-15ALg�,�� GIN1 COUNTY.OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 September 15, 2008 Ms. Jo Higgins Project Development Limited LC 104 Ana Marie Boulevard Waynesboro, Virginia 22980 Re: OFFICIAL DETERMINATION Central Virginia Recycling Center Use As proposed in SP2008-032, TMP94-21 N Dear Ms. Higgins: Fax (434) 972-4126 This letter is in response to your request of July 23, 2008 for a determination of whether the proposed uses described in the special use permit application for the Central Virginia Recycling Center (SP 2008-032) fit under the "sawmills, planing mills and woodyards" use classification in Albemarle County Code Sec. 18-10.2.2 (14). It is our opinion, after careful review of your e-mail, the pertinent sections of the Albemarle County Zoning Ordinance, the written information provided by Central Virginia Recycling Center (CVRC), standard definitions, information gathered from various sources, discussion with the Albemarle County Officials, interviews with CVRC representatives and visiting similar facilities, that the CVRC facility, as proposed, is within the "Sawmills, planing mills and woodyards " use classification. This use is permitted by special permit in the RA, Rural Areas, zoning district and by right in the HI, Heavy Industry, zoning district. CVRC describes the proposed activities as a "commercial wood recycling operation", which it asserts to be an "agricultural -product enterprise." Because CVRC describes the operation as involving a grinder, CVRC has provided us specification sheets for grinders and chippers that include blades and sawteeth used in the cutting action. The description of the use also explains how the wood is to be stored before and after cutting/processing. The machinery CVRC will be using includes teeth, as on a saw, which cut, grind and chip the wood products. The wood that would be processed by CVRC includes "clean construction waste", which CVRC defines as being "Wood products preferably having no nails, metal ties, paint or glue." and "Excavation and clearing debris" which it defines as Any wood product from land clearing activities (i.e. brush, stumps, logs, and bark) which contain no contaminants such as metal, plastic or house demolition debris." Further, CVRC has explained that materials will be sorted at the site of origin to assure that there is no undesirable material in the wood products, before it is brought to the recycling facility. Ms. Jo Higgins 2 September 15, 2008 This determination starts with the definition of "Sawmill, Permanent" in Albemarle County's Zoning Ordinance, codified in Chapter 18 of the Albemarle County Code. Although the Zoning Ordinance does not define "planing mills or woodyards" it does define a "Sawmill, Permanent" to mean: "A sawmill permanently located for the purpose of processing timber without regard to point of origination." (Albemarle County Code Sec. 18-3.1) The Zoning Ordinance also includes supplementary regulations in Albemarle County Code Sec. 18-5.1.15 for sawmills that list "lumber, logs, chips or timber" as materials in a sawmill and refers to a "saw, planer, chipper, conveyor, chute or other like machinery' in limiting locations for sawmill equipment. Other definitions of "sawmill", "processing" and "timber" may also be useful in defining the term "sawmill" under the Zoning Ordinance. Webster's, Third New International Dictionary defines "sawmill" as "a plant having power driven machinery for sawing logs. A machine used for sawing logs." The Virginia Department of Forestry defines a "Sawmill" as "A plant at which logs are sawed into salable products. It includes all the machinery and buildings necessary for the operation of the plant." Webster's defines "processing" as the act of "preparing for market, manufacture, or other commercial use by subjecting to some process (method, system or technique)." Some Webster's definitions of "timber" include: "wood used for or suitable for building'; "formed of wood';- "...something that is made of wood..." Finally, Webster"s defines "woodyard" as "a yard for storing or sawing wood" and MSN Encarta defines it as "a place where wood is cut and stored." Based on CVRC's description of this proposed use and in our further discussions, we have concluded that CVRC will be processing, including cutting and sawing, timber or wood to be put to other uses off site, which is consistent with the operation of a sawmill. Many of the activities proposed by CVRC also are consistent with the operation of a woodyard. The Albemarle County Zoning Ordinance specifically allows the use of "Sawmill, planning mill and woodyard" in two zoning districts: RA, by special use permit and HI, by right. The only difference in the two use clasifications is that the HI classification also includes "wood preserving operations". This distinction recognizes the wood preserving operation as a different use not allowed in the RA district. This determination also examined the particulars of the proposed use to assure that it would not fall into the "wood preserving operations" category. For all of the foregoing reasons, it is our determination that CVRC's facility, as proposed, is a "sawmill, planing mill and woodyard" use within the meaning of Albemarle County Code Sec. 18-10.2.2 (14). This determination only identifies the use as one permitted in the zoning ordinance. This determination is not an assessment or endorsement of whether or not the use is appropriate at the proposed location. The fact that this is a use allowed only by special use permit in the Rural Areas zoning district requires that the Board of Supervisors make the decision on the appropriateness of the use in this location as part of its deliberations on the special use permit request. If you are aggrieved by this determination, you have the right to appeal it within thirty Ms. Jo Higgins 3 September 15, 2008 (30) days of the date notice of this determination is given, in accordance with Virginia Code Sec. 15.2-2311(A). If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. Notice of this determination is being given as of the same date as this letter. --- Sinc ely, onald L. Higgins, AICP Chief of Zoning/ Deputy Zoning Administrator cc: Central Virginia Recycling , Inc. Terra Concepts c/o Ken Vess c/o Steve Edwards 2330 Commonwealth Drive 224 Court Square Charlottesville, VA 22901 Charlottesville, VA 22902